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2005, 05-10 Regular Meeting ~ AGFNDA SPUkANE VALLF:Y CITY COLfNCIL REGULAR MF.FTING #66 Tuesday, Mrry 10, 20015 6:00 p.m. C]TY TIAI.I. AT REI)WOOD PLAZA 11707 F.aat Spragur 4vcaoe, Fimt Floor Coancil Reqneats Ali EMctronic Devicca be Turncd Ot'f During Coonril Mecting CAI.I. TO ORUEK [NVOCATION: Psstor Mike Sager, Ha1y Triniry Luthcran Ghur+ch PLEDGE OF ALLECIANCF. RnLL CAI.L. APYROVAL (1F AGF..TYDA !h'7'ROUUCTION OF SPk:CIAL GIIF,S'TS AND PRLSG.'YTAZ'IOhS ('U1iMITTEE. BOARD, i.IAISOH SI.iMMA1tY RF..PnRTS MAti'()R'5 REPORT: Prvwlamattvn: Tourism «erk FUBLIC CC)hiMEN'l`S For mcnthcts of the PubGc to speuSc to thc Councif regerding mattcrs NOT on ' thr Agrada. Flensr ststic your nnme and address for the record and limit rcrosuks to thrcc minutcs. 1. CQNSE;NT AGENDA Cunsista of itcros consick;ral roWinc which arc uppravcd as a group. A l:uuncilmcmhcr mny rrmovc an itrm fram thc C.onscnt Agendn to bc: consider+ed separately. (Notc: Canaril may eatertaln a taation to waivc neading and apprave Coascat Agcnda.) a. Approval of loint CaunciUPtanning Commission ivlecting Minutrs ol'April 19, 2005 h. Approval of Rcgutar Cowicil Mcctins Minutcs oCApril 26. 2005 c Approvnl of Puymll of April 30. 2005 of S 156.709.165 J. Apptvval Autlsorizing ilic Ciry Manttger tn sign City Fiall oifier space sub-lum for 5uite 103, 2005-2008 First Fedeml Securities, Sub-l.essor; euid for affice spacc lcASC for Suite 103, 2008-201 Q NoRhwev Cttristinn Schaot.s e. Approva) of Rcsoluiinn 05-007 Sctting YImming Commissian Publie Ncaring tur I.awson Straet Vacatiun Requcsf f. Approvnl of Qu rallowing Vouchers: ` YOUCF-IER LIST Val1CHER TUT.1l. I)ATE NumbcKs) VOUCElI:R AMQCWf 04-22-05 6674-6707 1,144,924.50 05-42-05 6720-6758 146,559.14 ( GRANA TOTAL 1,396,483.64 NFR' BtiSINES5 2.N1ntiun Cansidrrntion: Full-+vidth 1'uving - Neil Kentro IpubHc commentl 3. Second Rr,ading Pmpowd Sign Ordinance 0S-016 - Qavid Cmsby (pablic cammcati d. Sccond Rcading Proposecf Ordinnncc 05-0 18, Amcnding 2005 F3udget - Kcn 71iompson (public cammrnti Courwil AgaulaOS-10-q5 Regulur Meetrog 2 IWutinn Cunsideration_ Authorization of f'erniit tipccialist I'usition - tiina Kegor [pnbiic commcnl) 6. Moticm Cunsidcn►uun: CitylCounty Patic facility Coopcrative Usc Pilot Project - Mikc Jaclson iPublic comment] PUBLIC GUMMFN'I'5 For ntcmbcrs of the Public tn speak tti the C'ounci] regarding mRtters IV()T nn thr :1gendn. I'Icasc stutr N our nuiuc nnJ for lhc re.:ord iincl liniil remarks tn tiircz -ninuscs. _1n11t1N1S'I R:1TIN'E Rf:Y()lZTS: {nr puh1i~ coinirrritl 1. 1lclmct Safety l.lpdaie - R4icheile %A,~I~c~ . ti~,~,i,.in~• (t~~•~r~n ~1 f k.i!th 1Ii~tnLt 8. Initiativr.lReferendum - Cary I)riskcll 9. Mansficld Rosui Dcvclupmcnt Agrc:nictit Ncil kcr;Lem 10. (irecttnercs Moratorium Reyucst - ticott Kuht.t INFORMATTON ONLY': (no public commcnt) 1 I tipmkanr ('aunty Con►pnhcnsivr Plaui Update und Urbnn C;ruwtt► [iuundwy Mcmurartdutn AD.IOtiRNMF'ti [ 1•'L'7'URE SC'H/•:Ul.`Lf' Regular Cuwrrl! MrrNngs are genernlt} hrlrl:nd and r' Tursda►•.s, /icKlx»1ng nt 6:00 p, irr. CururciJSludy Sessloirs art geaerally htld r. ?`d and ;tlr Tuesday.s. heginrring rrr b: II(1 p.m. Other Trnlattve UxpminE MrdlnmlEventi: N9Ry 17, Z005.loint MretingCcwncil and P1winin-, t,;niini,:,;un 6.00 p rn. -~-'~;in~;r~h~n:,i~; ('1,►n k,lcmcnts - Prcsrntution ot'Puhlic Nrrrrrng Ura,r luiic 1 1.2005 Mict-l'ear Os m- noon No 1 lt :F. Indi%idu.il ;;,I:L.R_ninf ro acfm! ihc mcrung who rcquire •pccial at,ttlan%C tu xLLImmodatc rh; 4:cal. hcnring, of ait►cr [ impvittnrnts, plra.e .t,ntaLt the C'iry ('Ir.rl ai { Sp9) 5+21-1pi1f1 as wcin as powblc so that utranRcmrnts mny be made ( c~~mcil ,1gcc~dn ~~5• I~~-~~~ ~t,,rul.:r !.irc:ini! f'.~,~ _ ~i ; DRfUr-1' 1 NO`l'ES SPECIAi JOLN`l' VVORKSWpP 1vLhETWG SPOK_ANE VALLEY CTTY COUNCIL AND SPOKANE VAI..I,.FY PLAN1V1N(J COMMiSS10N April 19, 2005, 6:00 p.m. Attenclance: Councilmembers St1ff Planning Comrnissiuners Diana Wilhite, Mayor Dave Nlercier, City Manager David Crosby, Chair Rich Munson, Deputy Mayor Nina Regor, Deputy City Mgr Nred Beaulac Mike TaeVleming, Councilmembcr Greb vlcCormick, Long Ranbe Planning blgr Bob Blum Mike F lanigan, Councilmember Scott K.uhta, Lonb Range Flanner John Carroll Gary Schimmels, Couricilmernber Mike I3asiriger, Associate Ylanner Bill Gothmann Stevc Taylor, Councilmember Grco "Bing" Bingaman, IT Srccialist Gail Koale Chris Bainbridge, Ciey Clerk lan Rober[son Ahserit.• Dick 17enenny, Councilrnember Mayor Wilhite welcomed ever}+onc to the meeting, and cxplainecl that there are twq issues to discuss: community values, and the land use draft map. M<<yor 1Uilhite announced thaC Councilmember Denenny is unable to attend this mecting and asked for and received Couneil consensus to e;ccuse him. ~ COMiVi[JNiTX VA.I.lTES- Nina Rej!or Tacputy CiCy Manager fZegor exrlaincd that Council and the Planning Cnmmission had nreviOusly worked together to draft a vision statement (February 1, 2005), and this would be a similar task to provide a fnrum for deciding the next steps in creating a draft values statement. Ms. Regor went throuth her PowerPoinl. presentation explaining the definition of valucs, the nutcome of the voting from the rebruary l, 2005 joint meeting regarding prioritizing community values, how the cnre values provide the context for addressing policy issues and provide a framework for how to conduct business, and the results of a values tabulation taken At the April 13 cnmmunity rneeting. She then asked Councilmembers and Commissioners their preference for the next step: work in small groups, large broup brainstorming, forming a subcommittee, nr other ideas. Discussion followed on preferrcci uietics to use tuid it was cletermined dhat this issue cannot be cieeided tonight; theretore a subsequent joint meeting dedieated to this topic alone will be scheduletl. Mayor Wilhite suggestecl a list be distributed of proposcd action items to decide upon prior to the next mccting, dhat dhe next rneeting will inclnde breaking into small groups to share thoughts, and thcn tliscussing the issues as a whole in a collaborative; cooperalive spirit. [David Crosby arrived at 6:20 p.m.] 7'erms were then cliscussed, includicig the importance of precise definitions. Deputy City iVlanager Regor stated she will send out infprmation eontaining the breakclowm nf how she came up with the tenns antl which items were combined to make onc topic - such as all thc v3rinus issues that fall into the category of "ricighborhaod." Ms. Regor staCed that she will schcclule a follow-up mccting and send out the rEquested information prior to the meetirig. It was noted that there is another_joint meeting set for May 17 but the topic is the comprehensive plan. COiNI'ItEHENSTVF, PLAN: LAND iJSE DRA-F1' 1VIAP - Grep 1V1cCarmick ancl Scott Kuhta Long Range Planning Manager McCormick introduccd the Dr<<ft Land Use Map and brought attenlion to the f-~ current mans on ctisplay in the room. He explained that the Community Development Department has been developing a Draft Comprehensive Plan Lancl Use Map as part of the Spokane Valley's first Cotnprehensive Plan; that the map will provide guidance for future development within the City for the next 20 years, and April 19, 2005 Joint vleetine Council & Plauning Commission-Notes Page I of2 DRAFT works in tandem with land use descriptions and policics within the I..and Usc 1--.lemcnt of the Plan. M.r. McCorrnick further stnted that the purpose of taday's meeting is to present an overview af the land use concepts prior to issuing a Draft P1an, whieh Plan will thcn be the subject af public review ancl hearings. ti1r. McCorrnick said that the Comprehensive Plan consists di twa major urbiin dccivity centers: the area around the Fairgrounds, and ttic ccnter of the City around Sprague and University; that tMosc areas were clesignate.d as rnajor stops along the corridor and are suitable activity centers. He then gave brief descriptions of the various sections of the City ancl their current designations, such as the northeast portion as traditionall_y industrial; a brief overvicw of cYisting interirn comp plan rnap lay outs, foUowed by an ovcrview of the basic LmdErlying principle,s of the new draft plan map, including mention of some of the new category names such as "office" and "quasi-public." After a britf discussion of some zoning issues, (hospital or automotive district), which will be implemented through a series of amendments and new zoning districts, Mr. McCormick went over some of the underlying principles used in the map cievelupcnent: I. Creatc a city center widiin the city; which was discussed in the valucs section earlier; this «<ill require input fi-om community to identify a city center perha~s running frorn Farr R.oacl on the west to just east of University ancl then from Valleywary clown to 4'. 2. Preserve existing neighborlioods; the majority of the area is still low clensity residential, although some areas are being examined as higher density residential. 3. Focus rettiil at major cross-roads; shrink t.he areas designated as commercial to more of the major intersections of arterials, and concentrate regional commercial at major interchanges. 4. Create office designation; the5e are mqstly around the mcdical c;ampus t►rea v-ound the 1•Iosrital and Yines ftoad, with snme along the Mullan/Argonne Road cauplet. 5. rncourage redevelopment along the strict corridors into offiee/residential development; collaps$ the ` commercial areas into major intersections with the concept not to zone things out of eristenee, but lo acld incentives t:o develup things like ofiice ancl/or residentiaL (Incentives were described as pcrhaps allowing additional height, dii'ferent parking requirements, et:c.) 6. Idenlify miX use centers; such as areas around Mirabeau Point wtlich is de.vcloping in that fashion now, ana thc rirea norkh of Tre.nt from the Spokane River west to the city limits of Millwood. Discussion then includect the neecf tu clefine a city eenter; getting public feedhack; indueements to developers; the various map designations; designating the schoots in green on the map; wetlands, critical ::ircas (whic:h will be a separate rndp); plans for gathering public (citizens and businesses) input including upcoming meetingslopen houseshworkshops; and having a database of all publie comments. As there was nn fiirther business, the meeting adjourned at 7:25 p.m. ~~11T~ ST: Diana Wilhite, Mayar Christine Bainhridgc, City Clcrk . i April 19, 2005 Joint Mccting Council & 1'lanning Comniission -iNotcs Page 2 of 2 llRAF"[' MTNUTES City of Spokane Valley City Councit Regular Meetinb Tuesday, Apri126, 2005 Niayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyonc to the 65th meeting Attentlunce: Diana Wilhite, lvlayor Dave Mereier, City Manager R.ich Munson, Deputy Mayor Nina Regor, Deputy City Manager Dick Denenny, Councilmember (arriveci late) Cary lariskell, 17eputy City Attorncy Ivlike DeVlcming, Councilmember Ken Th4mpson, finruice Director Mike rlanigan, Couneilrnccriber Cal Walker, Police Chief Steve 'Caylor, Councilmember vfarina Sukup, Cornmunity L?evelopment Director vlike Jackson, Parks and Recreation Taircctor !'eil Kersten, Public Works Director Steve Worley, Senior Engineer Absent: Greg "Bing" Bing3rnan, IT Specialist GuryScliimmels, Cottncilnte»tber Chris Bainbridge, City Clerk I1*4VQCAT10tY: Pastor Sttn H.udson, Valley Adventist Church gave the invocation. YLEDGE nF ALLEGIANCE Mayor Wilhite led the Pledge of Allegiance. ROLL CAI.L Cil:y Clcrk IIainbridge called roll; all present cxcept Councilmember Sehimmels. It wcrs• ~ movecl by Cozmcilmember DeVlEming, seconded, arld tmanintously crgreed upon to excuse CouncilntenrbErs Schimmel.s front tofzigitt's n:eeling und fiom the May 3, 2005 meetit:g as he recavers fram krtee surgery. AT'YTKOVAL OF AGr\'DA After City Nlanager Mercier mentioned he would like to speak briefly at thc end of the meeting; on t.he topic of convcyance of the corridor for Appleway e.ctension, i1 wus mvved by Couytcibnernher DeYlentrng, seconded by Courtciln2ember Fltrnigan, und urtanrmnusly agreed upon tn uppruve thc agenda. INTROllUCTION OF SPFCIAL GUESTS AND Y12ESENTATIONS Mayor Wilhite irivitcd Ki►t.herinc Tunsel, Chair of the Lilac hestival and eurrcntly servino as Pre.sident of the Association for 2005; tn spc;alc an their Festival and pins. Ms. Tunsel introduccd Susan Jones, 'freasurzr; and Cecilia Stevenson, Vice E'resident hf Royalty. Ms. Tunsel invited Council and all present to participate in the upeomin; Lilac Festival, and she then clistributed pins to all Councilmembers. She mentioned that the parade is scheduled for May 21 and that Mayor Wilhite tivill be participating in that parade. CUNLM7`I"1'FF., RQARD, LiAISON SUIVIMAlt_Y REP(7RTS Councilmember 17eVlemin~: rcportcd that he gave a presentation to the Catholic Daughters of Washington State Convention lrist weekent) where his presentation was the slide show ot the City's 2004 accomplishments report; he 31so mentioncd that today was his first meeting with the 911 Board. Couneilmember Denennv: stated that he attended last I'hursday's 1-[ealth Bnarcl retreat; that he also attended an STA (Spokane Transit Association) rneeting where it was agreed to participate in providing transportation fnr the 2007 National Figurc Skating Championsltips; and that he has been involvcd with the interview process to hire t► new CEO for the STA, with thc final ttirce candidatcs corning to a social ~ gadiering later this week. Council Meetins: 04-26-05 Page I of 6 Approved by Couucil: DIZAI"1 Cotincilrncmber Flanigan: e.cplained that he also attended the Health Board's retreat where they are r ~ discussing tlie 13narJ's priorities for the Uistricc, and including input from senior staft so everyone has a better understanding of where the Board wants to go, and of the issues Cacing suiff, aod that il was a very positive meeting. (:ouncilmember Taylur: rcported that he attended last weekcnd's INTf:;C meeting where they learned t.hat IN'1 EC last the majority of its State funding and that ttiey wil) meet later to determine INTEC's future regarding further operating funding possibilities; and that the Convention and Visitor's BurvAtu is c;lose Co making a final decision on their CEO and hone to have that selectinn finalized in about two wceks. De~uty Mavor Munson: explained that the City's Financc Committee met last week and went over fiinding issues cpnnected with the requESt for the budgct amendment; that last Wednesday he attended the State of the City address; he also attcndcd the Arril 21 STA meeting with CoLmcilmember Denenny; and that. he and Mayor Wilhite went to k'airchilcl Air Forec ]3asc to hell) welcome a Norih Dakots unit te►nporarily deployec) to Fairchild. NAYUR'S RE1'OltT: Mayor Wilhite c:xnlained that she bagged groceries at Itosauers as part of a funcjraising effort; that she attended the Japanese eeremony at lhc STA, and t:hcn attentled a pienie to honor those who had dicd from wark related injuries and also members of the anned forces from Washington who were killed in Iraq; that she attended agound breaking for a new business, tu►d also attended the Mayor's meeting in Ainvays Heights. Mayor Wilhite then reacl the proclgmation f'or "Older American's Month." PUBLIC CUi17N1L\'TS Mayor Wiltiite invitcd public commenLs. Richard 13rantle}:; 1107 S iVlaraizm Sherwnod Forest: said he has been paying taxes far 25 years; he is a supporter nf the valley, and fcels it shotald havc been a city long ago; he explained that sewer installations have enhanced property values, and in speakinb with snme realtars rebarding a road patch job proposed in Sherwood FaresC, horcieowncrs won't cnjoy the same enhanced value and their prnperties could be devalued. He suggcsts if we can't get the job done correctly to wait until there is enough money; that thc►se roads need help; and he spoke of life of a patch compared with a total repave; he said tliat he will be happy to have a future road levy; and suggested that people miyht not have been informed ennugh on the last road levy which did not pass, and just becausc it was voted down, docsn't incan people clon't wanl good roads. Diane Smith. 2802 N Bowman ltoatj; she thartketl the Mayor ancl Cutincil fior issuing the Proclamation for OIder Arnerican's Month, and said that this brings recoeiition to seniors and the things they do to voluntcer in the community, such as helping children read; and assisting Meals on Wheels; and she encouraged Council Co support financially any programs that woulcl help thc seniors. 'Nick Beamer. 1611 E 20'' Ave, Spokane: spoke cancerning the Proelamation fnr Older American's vlonth, and mentioned the organization "Area Agency on Aging" which serves seniors in various communities including here in the valley; that he wamted to make Council aware of this organization's eaistence, and he distributed eapies aP a handout discussing an upeoming iVTay 26 (:~overiiing 13oard Nleeting. Stcve Durgin, 1108 S Maraiaiii, Shcrwood Foresti: said that hc has livetl here Cor LS years; he is a licensed civil engineer in Washington and has manv years experience including construction experieneE; that he wrote a letter to the Mayor, and he thanked her for the telephone call; that he has coneerns about die qroject a.s theee is a good opportunity to doing the paving job; that thc road has been deteriorating for a while, and this is a good opportunity for curb to curb paving, and it would be cost e(ficient He explained that there are cracks in the road and many areas in bad shape which should he paved within two to fnur Council hiccting: 04-26-05 PaQe 2 of 6Approved by Council: b1tAFT years; that he was not told about the project and that it would not include curb to curb; most people hc ~ talked to weee not awarc ancl they'll be surprised with the ongoing job; tMat if the people were informed he fecls a lot wauld have stepped up and paid extra money; he was a supporter of the incorporation and feels we should have resourees to do it, and he suggests we postpone the job and do it right I•Ie stated Chat he was told they are victims ot' bad timing and of the failure of others to do the job; that there was a lack of cammunicaCion on the last levy (whieh he voted for); that he seeks a way to get this done ancl is ready to pitch in and help. 1. PUBLIC IiF,A1ZING: F'ronosetl 2005 Budect Amendment- Ken Thompson Mayor Wil}iitc opcnecl the public hearing at 6:33 p.m. ancl invited Finance Director Thompson to explain t-he proposed amendme►it. Mr. Thompson esplained that this hcariog on the amendment of the 2005 budget is in keeping with statute requirements; that staff generally brings Council amendments to the buclget twice a year. Director `Chompson then wenc over the proposed changes and the reasons for those proposed changes as noted on the ariached dacuments. Mr. Thompson 11so briefly explained some nf the reservE accounts, the cariyover arnounts, and mentioned that the newly approved employee positions are in place in this budSet. Mayor Wilhite invited public comments. Tony Lazanis: said this is good news for the City; the figures show a good ta.r base; that revenues are likely to go up; and it is good to build tllc reserves. Robert Clark, 131 8 S Park Deive: cneouraged stafF and Council to fund complete curb-to-curb paving after scwer work is puC in for the reasons stated previously. Ken Camiee, 11_03 S Maraiam Stxeet: said his background is in buclgeting; that he supports pavinS streets as an efficient use of funds. There were no further public cammentis, and Mayor Wilhite closed the public hcaring aC 6:52 p.m. 2. PIJl3LIC HEAFtI(YG: Amending 2005 Transnortution lmprovement Prof!ram (TIP)-Ncil Kcrsten Mayor VJilhitc opened the public hev-ing at 6:52 p.m. Engineer Worley then explained the amenilment to the 2005 TII' as shown on his R.eyuest fnr Council Action form; and added that tliis is morc of a housekecping itcm tU amend the 2005 TIP based on those projects which did receivc funding. 1Vlayor 1Vilhite invited public cornrncnt; no comments were offered and Mayor Wilhile closed the public hearing at 6:55 p.m. 3. CONST.n'T aGEN7)A Consists of items considered rautine which are approved as ag-oup. A Councilmember may rernovc an item from the Consent Agenda to be cnnsidered separately. (Note: Couneil may entertain a motion to waive reutling and approvc Consent Agenda.) a. Approval of Regular Council vleeting Minutes of April 12, 2005 b. Approval of Payroll of Apri) 15, 2005 of $111,079.14 c. Approval ofi the Following Vouchers: VOUCW-El2l:.ls'[" VOUCHER TOTEI[. DA'!'h Nwnber(s) VOUCtIE R AMCaUN`I' 04-08-05 6594-6625 342,551.79 04-15-05 6626-6665 416,234.26 C.;RANIa TOTAL 758,786.05 It ►vas rno►.ed hy Cn:incilmember ,UeVlen:ing and ,recorrtlccl by Councilrnernber 1%lunigun to wnive the reuding trnd approve the Cnnsent Agenclu. Vole by Acclarrlation: .In .Firvvr: Unanimotis. Upposed: Norre. Abstentions: iwvne. Motion carried. NEW BUSINESS 4. First Reiicling Proposcd Urdinance 05-018, Amending 2005 Buciget - Ken Thompson After City Clerk I3ainbridee read the ordinance titlc, it wt3s nroved by Deputy Mcryor Munson aizc! seconded hy Cotincilntentber Denentry to Qdvunce Ordinrrnce 05-018 to u secvrrd reading. Finance Director'Chotnpson e:cplained that this would begin the implementation for the amendment to the budget. Council Meetine: 01-26-05 Page 3 of G Approvcd by Council: nRAF°r Mayor Wilhite invited public comment; na comments were offered. Ya1e byAcclamulior7 tu cuJvancE the ordinance to a secorul reading: In Fuvur: Ui:uninrous. Opposed• None. Ah.rtentinns: eVone. Mntinrt carried. ; 5. Pruposetl Resolutinn 05-006 Amending 2005 I'II' - Ncil Kersten It was moved by Deputy Mcryor lkfunson and ,seGonded hy Gotsncilmember DeVleming to appro>>e Resalti[ion OS-OOG. Mr. Worley explained that this resolutinn adopts the amended program which was previously explained. Mayor Wilhite invitecl publie commcnts; no comments were offered. Vote by Acclamaliwi: In Favor: Ununirnous. pppn.ce& Norre. Ahstention.s: None. Motion carried. PUBLIC CUiV1lVlEN'1'S Mayar Wilhit:e invittcf puhlie comments; rio cornments were offered. ADMINISTIZATYVE REPORTS: [no public commenc] 6. FAir Boxrd Presentatiun - Erin Gurtel and Dullv Htighes Pair Dircctor Dolly Fluohes thanked Council for khe opportunity to present, and introduced Marketing Coordinator Erin Gurtel. 1Vls. Gurtel went through her PotiverPoint presentacion and gave an overvietiv of the events held at the facility, anci extencieci an inviuttion lo the Mqyor and Couneil Co the Fairgrounds in May for a tour. 7. Economic Uevclopment Council I'rescntation - Jon Eliassen and '1'hcresa Saiiders Executive Vice President for Business Uevelopment Theresa Sanders dlanl:ed Council for t:onight's oppartunity to present the rDC's Quartcrly Updat.e. She also asked Council to please cxcuse Jon Eliassen who is in Washington D.C.; and then introduced colleagues Jim Muttenmaier and Robin Toth. Ms. Sanders went through the presenutCian ancl eYplained that t.his is the frst nf a quarterly presentation to show Cauncil whcre the FDC is going, and of its fiocus. There was then brief ciiscussion iund questions from council on what die City can do to make it easier for EDC to entice outside businesses in our City; to which Ms. Sanders respondecl lhat A reacfiness and an ability to respond helps create "shovel-ready" programs for commercial development; and to have an accelerated permitting process w}tere possible; along with infrastructure develapment and knnwing and communicating where die developrnent should occur. Nlayor Wilhite called for a short recess at 7:36 p.m., and resumed the meeting at 7:46 p.m. 8. Mobilc llxta Computers and Jail Staffing - Cal Walker and Mark Sterk Spokane Va(ley !'olice Chief Walker explained t11at tfiis issue was previously taken before the Boarc1 oC County Commissioners (BOCC) to discuss the request to upgrade their technoloaiell needs in the form of Mobile T)ata Computers (Vf:DC); he explained to Council t.hat the 1W)Cs are similar to laptop computers; that the current eompueers are now seven years old, and as they age and new technolo~y becomes available, the current computers become rnore obsolete, and a,s they break clowm, finding replaccmenl parts for outtlatecl eomputers becomes diffcult. lie eYplained that the computers are kent in the cars and that the lower temperatures in the winter and warmer ternperatures in tlic summr;r are factors • to keep in mind; that these new computers are the first part of automatic ficld reportinb, and he explained the benefits of going paperle.ss. Chief Walker khen explained the bcne6ts of ttcyuiring the new teihnology, and the drawnacks and nroblems of rclaining the olti; and e.rplained some of the budget aspects of the project, adding that base:d on foi7nulas already in placc iur Valley fiinding, the Valley's percentage of funding this technology would be appraximately $200,000. Chief Walker adcled that the BOCC apprnved their portion nf funds ror this project, and in doing so, Marshall Farnell otlered some oplions for eUnsideralion if we ehoose to participate and fund this, and that they didn't want to ask for 2005 cantributions and are willing to pay upfrnnt 1nd allow the City to pay in optional f'orrnats of ct one- time 2006 paymcni or $49,000 over sevcral ye<irs. Council Ivteeting: 04-26-05 Page 4 of 6 Approved by Council: ll1tAFT Diseussion then ensued regarciing the ciesired number of units, the cost nf each (approximately $6800); ~ the ability to have all the units working together and interrelating; sharing equipment; owned equipinent (about 44% would be owned by city of Spnkane Valley); whether interest wquld be chargcd if the City paid over several years (Sheriff' Stcrk says therc would be no intcrest charged); and of the desire to discuss this project with the BOCC. City Vlanager Mercier asked if this acquisirion was part of the overall communication upgrade aiid plan tliat was under discussion in several jurisdictions over the last few years, and Chief Walker indicated this is a separate issue. M.r. Mercier added that he and Sheriff Sterk have been discussing communications; and Mr. Mercier has asked that Sheriff Sterk notify Mr. Mercier's offce any time conversalion is held between the Sheriff and the ]30CC that has cost ancl/or opcrational irnpacts for the City of Spokane Valley. Sheriff Sterk added diat he and Vir. Mercier have discussed doing a better jnb of parallel traeking of information between the F30CC anci City Council, ancl that Shcriff Sterk has rnade a commitrnent to make every effort to do so; and that he wants the City to be a part of tlie planning phases. Sheriff Sterk then «<ent through his YowerPoint presentatinn on jail staffing. Sheriff Sterk discussed the closing of the Valley Precinct Jail apprnximately 18 months ago; and said that lhey woulci likc to see that re-opcncd; and that 2007 would be plausible as they could have traincd staff ready by then. Further discussion included odier incarceration options such as Benton County; and other incarceration costs including transporting costs; videa surveillanee was mentioned; ancl the eslimated cost oC adciing two aclditional floors to t}ie current huilding tivas stated as $47 million, which includes e;cpansion of laundry, kitehen, and warehouse. Sheriff' Sterk also mentioned that he cautioned die BOCC on the tent idea, as it is staff intensive. Ol:her discussion includec) the cost for the psychotropic ctrugs far the incarceriieed mentally ill; fnancial resnonsibility 1'or incarcerated felons (the County), and for incarcerated misdemeanars (die (:ity); cities building their own jails; the number of outstanding misdemeanor warrants; rcpeat offenciers; the desire to rcducc crime; and uncollected revenue.s. 9. Sign Codc Discussion - Marina Sukup Community Development Director Sukup explained that Council was previously briefed on the progress of the Sign Committee, thal the Planning Commission held a public hearing, and Council ciiscussed the proposed ordinance in January, March; and April, and on April S, 2005, Council requested additional i.nformaCion relative to aclverl-ising copy on private benchcs wiihiri the public righl-of-way, maintenance ot' directional signs on Appleway, and political signs. Ms. Sukup gave a history of the Apnleway directional signs, the bench advertising with Sunset Outdoor Advertising, and discusserl Mr. Driskell's April 18, 2005 "Treatmcnt of political signs" memorandum, along with the "Sea Tac" treatment of political signs. Discussion then ensued regarding going out for bids for bench advertisers; the treatment of benches as "oITcial signs;" right-of way obstructions; eoneraetual acgreements lo c;over liability and other issues; regulating benches; handicapped aacessible benches; followed by furtlier discussion on Appleway directional signs; ruaintenfuice of those sigiis; traffic control manual requirements; direational signs sizx; and fin3ncial abligstions for placemcnt and mainCenancc ot'thpse directiona) signs. It tivcrs inoved by Cozeneilmemher Tuylor crncl.cecn»cled hy Deputy 1Vuyur 1Wunson to cxlend tlre mEeting inrtil 9:30 p.nz Vv1e by Acclunurtion: In Favor: Muyor Wilhile, Deputy Afayor lWunsari, and Councilmemher,s Taylor, F%Irnaigml, und DeVleming. pppnsed.• Cauncilmember I)encnny. Abslenlians: None. Mvfivn currretl. After further discussion on the political sign question, including enforcement of regulations, it was determined that the City would nnt be in a position to monitor andJor regulate placement of every political sign, and did not want to adopt regulations that were not enforceable; and therefore Council gave no eonsensus conc:erning politieal signs. There was Council consensus ta set up contractual arrangements for the benches; and to procced with the second reading of the ordinance on May 10, 2005. In conclusion; Mr. vlercier stated that the directiona) signs were treated under the trafFic manual and thcrcfore, our sign ordinance does not need to address that issue; and as such the management of the sign program on Appleway is a septirate issue. It was ciecided that the nexc step would be that staff report to Council on Council Meeting: 04-26-05 Page S of 6 Approved by CowiciL• nuaFT the above-menlioned issues, and Council will discuss the management oFthe sign pragram on Appleway, and whethcr to limit such a program only to Appleway. i 10. Pavement Cut Polic:v - Ncil Kersten, John Huhman, and Marins Sukup Public Works Dircctor Kersten stated ihat an initial draft of a pavement cut policy with the City of Spokane and Spokane County, was presented to Council several weel:s ago, and mentianed that thc County's poliey began approximately one ancl one-half years ago. IVIr. Kersten explainec{ lhat at that time, we we;re severally short-staffed and lherefore did not participate; and after another yc.ar, the County completed their policy. Mr. Kersten stated that if Council desires, staff will furiher pursue the history o1' the policy and report back on which issues changed, and why, to help us cleterrnine if we wanl to make any changes. He stated that ttie Policy is vague in many areas and needs uni.farm interpretation; the policy is complex wiCh four tier levels based on the a};e of the streec and five different c;ategorie,s af strcets. Mr. KersCCn also explained that under the matrix on page ninc, the modified policy is allowed on minor arterials and collecCor arterials over six years old, and on principal arterials over hvelve years old; and allows joints at thc centerline of lanc. FIowever, Mr. Kersten suggestect that in keeping with aur current policy, that all arterials be cut to the lane line and that no cuts be allowed to the cencer of lane,s. Community DevElopment Uirector Sukup added that implementing such a plan would be data maintenanee interisive; and keepino abreast of the permitting process would require additional staff, and the start-up costs to create the database woulcl be difficult to esCimatc_ Discussion then ensued regarding the dif£culty in calculating permit tees to allow for cost recovery; the number qf staff'we currenNy have compared wilh t:he number of stal'F alrcady on bov-d at thc County level; the numher of permits issued now annually; and the inspection process. It was then moved by Cvuncilnrernber Tirylor to udJourn. °1'here was no second and the mot'ion was not considerecl. I1 tivtts therz movEd hy laeputy Mcryvr Munson and secoruled by Councilinewrher Uenenn_y to exlEnd lhe rneeting !v 9: 40 p.m. Vate by Acclumulion: In f"rrvor: Muyor Wilhite, Deputy Mnyor tYlunsun, urrd Coarncilmembers laeneirny arzcl DeVleming; Upposetl,- Councilrrae►nheYS Ttrylor und Flccnigair. Abster2tivns: A'one. Motion curried. Councilmember iaeVleming stressecl Che importance of putt.ing this issue on a fiiture agencia as soun as possible as the construction season is upon us. Couricilmember "1'aylor e.cpresscd his desire to see this issuc early in tlie agentia. It wcrs »roved by Cauncilmember De[rlerning arid secortded by CauncilmentbPr `I'cryInr to adjvurn. Vo1e hy Acelumation: In Havor: Deputv Mayor lYlunson, ancl Courrcrlmember,r I'crylnr, Flunigan, DeVlenring and Denenny. Opposed: Mayor Wi1hile. Abstentions: 1\rnne. Molivn curried The meeting adj4urneci at 9:33 p.m. ' I7iana Wilhite, Mayor ATTEST; Christine Ba'►nbridge, City Clerk ~ ~ Cowlcil Meeting: 04-26-05 Pagc 6 af6 Approved by Couneil: ~CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-10-05 . City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin_ report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending April 30, 2005 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FIPIANCIAL IMPACTS: Payroll for period ending 4-30-05 Salary: $ 102,170.43 Benefits: $ 54,538.82 $ 156,709.25 STAFF CONTACT: Daniel Cenis ATTAC H M ENTS 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ infarmation ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Agreements for additional city hall space (Suite 103) GOVERNING LEGISLATION: The city has an existing lease for office space that runs through March 31, 2010. BACKGROUND: The city needs additional office space at our existing site. At city council direction, staff has negotiated for space currently leased to another tenant. We understand the other tenant, First Federal Securities, has agreed to our latest proposal which will provide an additional 1,140 square feet of office space for city use. The proposed sub-lease rate would be equal to the rate we have agreed to pay for our space in other areas of Redwood Plaza. Since the First Federal Securities sub-lease will expire two years before our existing lease for other space in the building, we have secured a separate lease for suite 103 beginning in March of 2008 through the end of our existing lease (3-31-10), so that all our leases will expire at the same time. The rental rates, terms and conditions for the two new leases would be the same as our existing lease. Staff discussed the potential for city use of suite 103 at the March 8 and March 22 council meetings. RECOMMENDATION: A motion to authorize the City Manager to sign the leases is recommended. BUDGET/FINANCIAL IMPACTS: The city will pay approximately $18,000 each year for this additional space. The 2005 city budget includes funds for this purpose. STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS: 1. Office space sub-lease for Suite 103 (2005-2008 First Federal Securities, Sub-Lessor). 2. Offce space lease for Suite 103 (2008 - 2010 Northwest Christian Schoals). . , SlTF`i-LEASC AGRFFMENT TH1S AGREFMENT is made and enterecl into as of this day nF ~V'Iay, 2005, by and ~ between Northwest Christian Schools, a non-profit organization (herein called T.,essor) and Kendall James Assoc 17BA 1" Pederal Securities, an ldaho Corporatiqn (hercin called "l..essee/Sub-Lessor"), and City of Spokane Vallcy, aWashington political subdivision (herein eaJled "Sub I,,essce"). NVTTNES SE1'H: WI-IEREAS, the parties hereto are designatcd as Lessor and I,essce with rega.rd to that eertain Stanclarci T ease dated February 13`h, 2003, as amended hy this Sub-Ilease tlgreement dated May 2005 (collectively; the "I.,easc"), originally by and between Northwest Ghrist.ian Schools, a non-profit corporalion, 5104 E. Bernhill Rd., Colbert, WA 99005 as Lessor, and K.enclall Jarr►es Assoc, DBA lg` Federal Securitie,s, an 1daho Carporation as T essee, perlaining to the approximately 1,140 syuare foot premises comrnonly known as Suite 103 Rectwoocl Plazi, 11707 E. Sprague, Spokane Valley WA 99206, and WHEfZEAS, Kendall James Assoc. DBA I S" Tederal Securities, an Idaho Corporation, is the Sub- Lessor in interest to ttie original Lessor; Nqrthwest Christian Schools and CiCy of Spokane Valley is the Sub-Lessee in intcrest to the original Lessee, and WI•IERFAS, the current term af the Icase will expire February 2$'h, 2008, and WH[ERrAS, the Sub-Lessee hereto desires to occupy tlie premises for the remaining term of 2 yeiu-s 10 months and to modify the L.ease accordingly, ~ NpW THEREFOItE, in consideration of the mutual covenants and agreements herein contained, the parties taerEto agree to and acknowledge the following: FIRS"I': Effective May lst, 2005 Sub-1.essee shall occupy the premises for the remaining term of the lease under the terms and canditions sct furth in the original lease attached hereto, except that rent paid by Sub-I..cssee shall be as shoNvn in the nexl paragraph. SECONIS: That tluring the Sub-Tenancy, the Sub-Lessee, City of Spokarie Valley, shall pvy directly to the L,essor, Nortlnvest Christian Schools c/o WEB Properties, 1ne., as Basc Rent, the following: PEriod beg: Period endg. Annual Ratelsz Pt. Mont.hly Amount ti(ay l, OS Feb. 28, 06 $14.75 $1,40125 tiiAr. 1, 06 F"eb. 28, 07 $15.15 $1,439.25 Mar. I, 07 Feb. 28, 0$ $15.65 $1,486.75 TH1RD: "Chat during the Sub-Tenancy the Lessee/Sublessnr First Federal Securities, shall pay Lessnr/NorthNvest Christian Schools c/o VVEB Properties, Inc., as basc rent (provided the Sub-lessee pays the afore mentioned rent) Seven Hundred ['ifty Five Uollars ancl Seventy Three cenls ($755.73) fur the first 15 days of April 2005, then for a 10 month period, One Wutidred Ten DoIlars and Twenty cents ($11 p2p) per month, then Qne I•iundred Seventeen Dollart and I"ifry Four cent~s ($117.54) per month for the next twelve month period, then One E•lundred Sixtecn Dollars and Sevcnty Five cents ($116.75) per ►nonth for thc rlext twelve month period. Should any amount not be received from Su6=Lessee; the Sub- Leessor is responsible fbr any and all sums duc under the original lease to the Lessor POURTH: That e.ccept as erpressly moclif ed herein, all other terms and conditions set f'orth in the original Lease attachcd hereto, shall remain in full force and effect during the said original term of the tenancy and shall not be altered by this agreement. "1"his sublease is subordinate to the original lease. FIFTH: That each and all of dhe covenants, terms, agreements and obligations of this Sub-Lease Agreement shall extend to and bind and inure to [he benefit of the successors andlor assigns of Lessor and to the successors ancl/or assigns of Lessee IN WIT iNIESS WI-IEREpr, thc parties tiereto have executed this (Lease F,.xtcnsion Agreement) as of the date first written above. T.,ESSEEJ SUBLESSOR SUBLESSEE FIRST FEllERAL SECUIt1'Y'1ES CITY OF SfyOICANE VA.I I,rY T3Y: BY: . ITS: ITS: 13Y: BY: [TS: iTS: APPROVED AiND ACCEI'°1'EU 8Y: NQR.THWFSTCHWS`l'lAN SCMUbLS BY: ITS: IiY: ITS: ; COM1VIERCI.AL LEASE AGREEMENT VVITHIN THE ~ CLQCKTOWER PROFESSIONAL BUIL.DTNG TH[S LEASF, made and entered this 23~d day of April, 2005, by and betvveen Norlhwest Cluistian Schools, a non-profit corporation, 5104 E. Bernhill Rd., Colbert, WA 99005 hereinafter retened to as Lessor; and City of Spokane Valley, whose mailing address is 11707 East Sprague, Spokane Valley, Washington 99206, hereuia$cr referred to as Lcssee. WITIITESSETH: As ttsed herein: (1) the tcrtn T.,essee shall rcfer and apply equally to the plural term Lessees; (2) he or his shall apply to she and hers. For and in considerxtiun of the mutual proroises containcd herein, the partics agree as follows: 1. LEASF.n PREIVITSES. The Lessor docs hereby Lease to the I:,essee and the Lessee does hcreby h.ire and lease from the Lessor thosc certain premises located and described a5 The ~ Clocktower 13uilding Suitc 103 11707 E. Sprague Ave., Spokane Valley, WA 99206. Consisting ofapproximately 1,140 Sq. Ft. 2. (a) '1'ERM. The term of tlus Lease shall be Two (2) years and One (1) month, comrncncing on March 1, 2008 and ending March 31, 2010. In the cvent occupcincy occurs in the middle of any month, rent for the first month shall be prorated to the first day of the neat succeeding month and thereafter, all rcnial payments shall be ciue and payable an the first (15i) day dt each month. (tr) l2ENT. Lessee covenants and agrees to pay the Lcssur at WEB Yropcrties, Inc. F.O. Box 21469, Spol:ane, VVt1992U1, or to such other place as the Lcssor may hereaftcr designate, monthly rental in the amounts of and due and payable on the first (1 ) day nf each monfh as notect. . This is a gross Icase and includcs all costs for the subject Leased Premises and common ; area. A. The rental for the one month of this Lease shall be OiYE THUUSANI) FC)iJR HUNDREl) EIC,HTY STX AND 75/100 DOLLARS ($1,486.75), in advacice on the first (1 S') day of March, 2008. The Rental for the Next Twelve months of this lease shall be QNE THQUSAND FiVE HIJNDRTD THTRTY FOUR AND 25/100 DOLLARfi ($1,534.25), per month in advance on the first (15') day of each month o:f the First (l 5t) Twelve months of the lease term. `1'he rental for the ncxt `1"welve months of this I..ease shall be ONE THOUSAND FIVE HTJNDRFD I~TTNTTY OiNEi AniD 25/100 DQI..LARS ($1,591.25) per month in advanee on the fir5l (is`) day Uf'each month of the Second (2°d) Twelve months Uf the lea.5e term. A 1atc-payment assessment of five percent (5%) of the montllly rental due will be charged for any rent paicl after the tcnth (5"') business ciay of'the monlh in which renl is due. 3. USE OI? PKN;,Ni1SES. Ihe Leased Premises shall be used fqr commercial business purposes as pcrmittcd within a commercial business zone in Spokane County, Washiiigton and all activities incidcnl thercto and f'pr nQ other nurpose without the prior written conscnt of the Lessor fi.rst obtained. Lessec shall not use or alldw the use nf the T eascd 1'remises in any manner that causes clamage lo the real property or improvements, nor shall Lessee use or al low use of the Leased 1'remises ui any manner which would increase insurance preiniums or for any illegal purpose. Lcssec shall comply with all governmental rules, orders, regulations, or rcquircments relating to the use and occupancy of the Leased Premises. 4. RULES AND REGUI,..ATI.ONS. J essor reserves the right to promulgale such reasonable niles and regulations relating to the use ot'parking areas as it may deem appropriate and for the best interest of the tenants, and Lessee agrees to abide by such rules and to cooperate in the observance thereoE Such rules aiid regulations shall be binding upon Lessee upon .~J si,az aoazis.z 2 delivery of a copy thercof to Lcssec. Said rules and rEgulations may be amended by Lessor from time to time with or without advance nqtiee and such amendments shall be effective upon the delivery of a copy thereof to Lessec. Any material violation of such rules and regulations by Lessee, its offtcers, agents, employees or subtenant;s will c4nstitute a breach ol"this lease anci, upon expiration of the cure period, entide the Lessor to claim a deiault thereunder in the same manner and to the same ex2ent as any <7ther defaull under the lease: provicied, however, lhaf the nalice ancl cure provisions of Section 23 of this Lcase shall be applicable. 5. TtLAL ESTATE TAXES. The Lessor shall pay aU real property taxes due or falling due on said premises. I-Iowever, in tlie event the L•essee shall make an impruvement on the property wluch causes an uicrease in real property taxes, the T.,essee hereby agrees to pay any rcasonable increase caused. 6. Mt1INTENANCE. J..essor shall maint:ain in goocl condition, the improvements on t1he real property, including parking lot, leased pursuant to this Lease. This shall includc any and all maintenance rcquired to keep the improvements on the real property, including parl:i.ng lot, ~ J which is the subject mattEr of this Lcase, in die same condition, less normal wear and tear; casualty, conciemnation and repairs required to be made by Lcssor, as of the date of commencement of this Lease. 7. PARIaNG LOT viA..TNTFNANCr. The I,essor shall keep and maintain the park.ing Ipt and landscaping in a neat and clean condition and repair at all timcs. In addition, Lessor shall remove snow during the vvinter season, as needed, and the Lessee agees tllat there shall be no veh.icles le.ft overnight in the parking lot area by I:,csscc or any employce of the Lessce in order to prevent uiterference Nvith the cleaning, maintaining and snow removal of the parking lot area. 8. U7'IIxT:ll+S. The .T.essvr agrees to pay all charges fpr lighe, heat, water, sewer, garUage and all otlier utilities and services furnishecl to the premises except telephone. I:,essor agrees to provide janitorial services sufficient to kecp said Lcased Yrcmises and common area neat, clean and free of garbage and debris al all times. ~ sLoz 304213.2 3 9. ACCIUEN'1'S AND LIABILITY. Neithcr Lessor nor its agents shall be liable for ; any injury or damage to persons or property sustained by Lessee ar any olhers, in and about the ~Leased Premises. Lessee agrees lo defencl and hold I.essor and its agents harmless &om any claim, action andlor judgement for damages to property or injury to persons suffcred or alleged to be su .ff.ered on the Leaseci Premises by any persdn, fimi or corporation, unless caused by Lessor'S negligence. Lessor aud Lessee agree to mauitain public liability insurance on the Lcascd I'remises in the minimum single Iinut of One Viillinn and No/100 dollars ($1,000;000.00) and shall name Ussor as an additic>na] insured. Lessee shall furnish Lessor with a certificate indicating that the insurance policy is in fiill force and effect and listing the Lessor as an additional insured on the policy. Lessor shal] name Lessee as an additional insured and shall Furnish Lessee with a certificate inciicaling the insurance polic:y is in full force and effect and listing Lessee as an additional insured. .10.LL~~NS AND INSOLVENCY. Lxcept as otherwise provided Lessee shall keep the Lcased Premises free fYnm any liens arising out nf any labor perfonned or materials furnished to, or -ctny obligations incurrcd by Lessee, anci shall hold Lessar harmless against same. In the event Lessee becames insolveni, bankruPt, or is a receiver, assigiiee or othcr liquiciating oF(:icer is appointed for the business of L.essee, Lessor may canccl this Lease at its optian. 11. SU13LETTINC UR ASSIGNMCNT. Fxcept as ot}iervvise provicled Lessee may not assign nr sublet all or fuiy part of tlus lease of the Leascd Prcmises, wit:hout Lessor's prior written c4nsent. 12. ACCN,SS. Lessar shall have lhe right to enter the Leased Prcmiscs at all reasanable times and provide Lessee reasonable notice except for emergencies for thc purpose or inspection or of making repairs, additivns or alterations; and to show the Leased Premises to prospectivc tenants sirty (60) days prior to thc cxpiration of lhe term of this Lease. Lessor shall have lhe right to place a For Rent sign in connection witb the Leased Precnises for the sixty (60) days prior to the cnd of thE term of this Lease. ~ SL02 304213.2 4 1.3. POSSESSION ANl) OUIET ENJOYIIENT. The Lessee shall be entitled to Pnssession of the Leased Premises as soon as the same are ready for occupar►cy as hercinabove described and shall be entitled to continued quiet enjoyment of the Lmsed Premises during all periods uilder the term of this Lease, provided that the Lessee shall be in good standiilg azid shall have paid all rent reserved under the I..ease and performed all covenants agreed to be performed hy the Lessec under the term of the L,ease. 14. llAMAGE OR nTST1tUCTION. 1n the event the Leased Prel-iiises arc rendered untenanlable in whole or in parl by 6re, the elements, or other casualty, Lessor may elect at its option, within ten (10) days of the cvent not to restore or rebuild the i.,eased Premises ancl shall so notify Lessc_c, in which event Lesscc shall vacale the Leased Premisd and this Lease shall be terminated; or in the alternative, J,essor shall notify Lessee Nvithul ten (10) days after receiving notice of such casualty the C,essar will undertake to rebuild or restore the Lea.sed F'remises, and that such work can be completed within ninety (90) days t'iom the date of such ncatice of uitent. lf Lessur canncat restore or rebuild the T.,ea.5ed Preuuses within the said niaery (90) days, except for delays wiuch are not the fault of the Lessar, lhen the lease may be terminated at the Lessee's optinn by ,~vritten ten (10) days notice to Lessor. During the period that the I..eased Premises are not tcnantable, rent shall abatc in the same ratio as premises rendered untenantable bears to the whole of the Leased 1'remises. 15. SIGNS. The Lessee shall be permitted to havc signage in connection with the nr.cupancy of the Leased Premises. All signs or symbols placed by Lessee shall be subject tn I.essor's prior written appraval, which will not be unreasonably withheld or delayed. F111 signs slaall be non-illtuninated and shall be consistent with other signagc placed upon the building or on any sign post established far the general use of all tenants within the building or using other building on the property eommon lo the area. Signs shaU generally eonform to the size And type of sign currenlly in use on the Clocktower Building. At the termination of die Lcase, the Lessee shall remove all signs, at I.,essee's expense placed in, on or about the Leased Premises and will repair any damage caused by the removal to the J,eased Premises. 1f the Lessee has a sign ul a cocrunon use sign post or board, LESSee shall replace plastic in the sign at the tcrminatian of the Lease. SL02 304213.2 5 16.. ALTERA'I'lUNS AND IMPROVEi MENTS. Tenant shall not make alterations, additions or to the unprovements Premises without the prinr written consent of ~ Owner. Unless otherwise provided foe, all such alterations, additions and improvemcnts shall be at the sole cost and expense of Tenant, and Shall become the property of Owner and sliall remain a,s parl of the Premises at the termination or exPiration oCthis Ilease. Tenant agrees to save 0wner harniless from any damage arising out of any such work. Owner reserves the right ta make, from cime-lo-time, at iCs cxpcnse, such alterations and improvements to F'remises and Properiy as it deems appropriate 17. CnNDF►vT1VATIQN. In the event that any gnvernment, or any agency or instrumentality having the power of eminent domain shall, by condeinnation or deed in lieu thereoi, take title, possession or the right to ppssessiUn of lhe .T.eased Premises or any part tliereof, Lessor may, at its option, terminate this Lease as of the clate of such taking, and if Lessec is nol in default under any of the provisions of ttiis Lease on said datc, any rental prepaid by I..essee shall; tc> the extenr aJlacable to any period subsequent to the effcctive date of the termination; bc promptly refunded to Lessee, provideci Lessee shall be entitled to seek 1 ; compensation for any Lessee improvcments which are so laken by eminent doinain. 18. COMPLIANCE WITH LAVVS. T.,essee shall at all times keep and use saici Le:ised Prenuses ui accordance witfi applicable laws and ordinances and in accordance with applicable tlirections, rules and regulations of public officials wid departments as applicable to Lessee's specific use of the T easea Fremises as dnpo5ed to use in general by the tenant at the sole expense of Lessec unless otherr.vise agreed by the parlies. ly. CQNFIRMATIn1t 13Y LFSSEE. Lessee agrees, from tiine to time ciuring lhe Lease period, upon not less than fifteen (15) days prior written request by the Lessor, to sign and make available to the Lessor, a confirmatipn stating that the T.,ease is in full forcc and effect and unmodified as of the date of the signing of the confirmation. The purpose of such confirmation thall be ta entitle the Lessor to provide said confirmation to a mortgagee or prospective mortgagee prcrviding financuig for said property, of wluch the Lcased I'remises is a part. _ SL02 3042132 6 ~ 20. .JUINT AND SEVTRAL OBLIGATI4N. There being more thwi one :Lessee, the obligations hereunder irnposed upon Lessee are joint aad several upon a11 persons includcd as Lessee. 21.. RIDERS. '1'hc riders or addenda, if any, attached to this Lease are made a part hcreuf by rcference. 22. llEFAULT AND RE-FiN'['RY. If the Lessee shall fail to keep and perform any of the covenauts and agrcemcnts herein contauied, other than the paymcnt of rent, and such failure continues for thiriy (30) days atter written notice from Lessor, unless appropriate action has been taken by Lessee in good faith to cure sucb failure, Lessor may terminate this 1Jease and re-entcr said Leased Premiscs and without terminating this Lease, re-enter said Leased Premises, sublet the whole or any part thercof for the aecount oF the Lessee for the balance of the lenn of this Lcasc, and i.,essee cnvenanCs and agrees to pay to Lessor the f-air rental value of any deficiency arising from rc-letting of the Leased Premises at a lesser auiount than herein agreed to. Lessec shall pay such deficiency each month as the amaunt chereof is ascertained b_y Lcssor or al the LeSSbr's option, shall pay the prescnt value [ciiseounled at the rate of seven (7) percent per annum] caf the balance of ttie rent for the remainder of the term nftlie Lease less the present value (discoi.ulted at the same ratc) of the fair market value of the Leased Premises for said neriod. 23. BRFACH OF LEASC. If the Lesscc breaches this Lease after written natice and grace periods, then this T ease may be terminated by the Lessor in the following manner at its option: The Lessor shall serve upon the Lessee, by registercd or ceriif ed mail, at the Lessee's last known address, a notice in writing of the fact of said breach or breaches and a cletailed dcscription of saici breaches. From and afcer the mailing of said notice, the I...essee shall have ten (10) days to ctue any brcach for the nonpayment of rent and thirty (30) days to cure any other brEach oi'the lease. Failure oi'the Lessee to remedy said breaches wilhin said period shall result in Lessee's total forfeiture of all its right, title and interest under this lsease, and the Lessor shall have the right to entcr said prem.ises and reinove the Lessec and her property Lherefi•om, lake immediate possession for the purpose of protecting said property ancl caiicel this Lease in its si.oa 304213.2 7 entirety or re-let the premises. In all cascs of such forfeiture, Lessor shall make a good-faith e_ffort tU mitigate its damages. I,essee shall be liable only tor reasonable deficiencics; which do ~not exceed fair market value of rent which result from re-letting. 24.1tEMOVAL OF PRQPERTY. In the event Lessor lawrUly re-enters the Leased Premises as provided herein, Lessor shall liave the right, but not the obligation, to remove all of the personal property located therein and to place such property in storage al lhe expense and risk of Lessce. 25. COSTS ANI) ATTOR'YEY'S FEE/VENUL. If, by reason of atiy default or breacli cm the part of either party in thc pcrformance of any of the provisions of this Lease, a legal action is instituted, the losing party agrees to pay all reasonable costs including Lhe prevailiug party's reasonable attprney's i-ees a.s t-ixeci by the court in connection therewith. II is agreed thac the venue of any Icgal action brought tuider the tenns for this lease shall be in Spokane Cotulty, Washington. 26. SUBROGA`1'I:i~jG WAIVLI2. Lessor and LcssEe each rcleases and relieves the other and waivcs its entire riglit of recovery agau-ist the other for loss or dacnage arising oLd of, or incident to, all perils described in the f.ire mid extended cnverage insurance policy approved for use in the Stale of Wa.shington, which uccurs in, on or about the I.,easecl Premises, whether due to the negligence af either parly, lheir agents or cmployecs or otherwise. 27. SUBO1tllINATION. Lxcept as otherwise provided Lessee agrees that this I..ease shall be subordinate to any inortgages or deeds of trust placed on the propcrtp provided Ihat in the event of foreclosure, if Lessee is not then in default and agrees to attorn to the mortgagee or beneficiary under deed of trust, or purchaser at A foreclosure sale, such mortgagee or bencficiary or purchaser shall recognize Lessee's rigllt of possession for tlie full term of this Lcase. L.essor agrees to use Lcssor's best cffarts to obtain a Non-Disturbancc Agrccment. . SL02 30•f 213.2 8 2$. NQ WATVLI7 UF COVENANTS. Any waiver by either party of a.ny breach hereof by the other shall not be cnnsidered a waiver of any future simi]ar breach. 29. FNT 117E AGREEMTN"1'. 1'his Lease contains all the agreements between the parties and no modifications stiall be effective excEpt by written instrument, signed by both parlies. 30. SURRENDFR OF Y17ElYITSFS. Lessee agrees, upon termination of this I.,ease, to peac:efully quit and slu-render tlie premises to T.,essor without notice, to leave the I..eased ' 1'rcmises neat and clean, well maintained, in gooci cAndition, normal wear and tear eYCepted, and to deliver all keys th the T.,eased Premises tv the Lessor. 31. IIOLllING OVFR. If. Lessee, with lhe implied or cxpress consent of Lessor, shall hold over after the cxpiration of the term of this I ease, Lesscc shall remain bound by all the covenants and agreements herein, except tiat the tenancy shall be from month to month and inonthly rent shall be othcrwise agreed upon.. , 32. 131NDIYG ON HFLRS, SUCCESSORS AND ASSIGNS. This Lease shall be binding upon the heirs, executors, administrators, succcssors and assigns of both parties hcreto, except tis hcreinahove providcd, but this does not constitute a consent to assign.ment. 33. NQTTCT. Any notice required or allowed to be given by either part}, to the other shaU be depositcd in the United States mail, registered or ccrtified, retuni receipt requested, postage prepaid, addressed to Lessor or to the Lessce at their addresses stateci below, or at such other address as eidier party may designate to the other by noticc given as herein provicied. 1,essor at: 'NlOrthwest Chrisiian Schools C/o WEB Properties, Inc. p.o. Box 214E9 Spokane, WA 99201 Lessee at: City of Spokane Valley Attn: City Vlanager 11707 E. Sprague Suite 106 sI.az 304213.2 9 Spokane Valley, WA 99206 , 34. NON-SMO.KiNG BUTLnINC POLiCY. Tt is agreed between Lessor and Lesscc that the Clock'I`ower Profcssional Building is a smoke-free office complex. There is to be no smokulg at any time uiside of the office building. 1f sinoking -wittun this complea bccomes a problem, the Lessor has the right ln cancel this Lease at its optinn, provided that the notice anci cure Pravisicros pf section 23 hereof shall be applicable. 35. FRONT DOOR SECURITY. For the safety of all tcnants ancl the janitor in the Clock Tower Professional Builciing, all exlerior dnors must be locked a.fter 6:00 p.m. Monday tlirough Friday. On the weekends all doors must be locked ac the time of enteruig and at the time Af exiting. 36. "l 1iNIE Ol+" ESSEvCE. Time is v1'the essence in all provisions of this Lease. 37. A.RBITRATION. In the event of a disagrecment arising uncler this Lease, all matters shall be submitleci to arbitralion as follows: The party seeking arbitratinn shall submit, in writing, to thc other party, a statement of the issue(s) to be arbitrated and shall designate a party to act as arbitrator on behalf of the party secking arbitration. The responding party shall supply a statement of any counter or additional issue(s) to be arbitrated and shall nominale an arbitrator to act for the responding party. This process shall be accomplished within fourteen (14) days aFter the party seeking arbitration has deposited in the Uiuted States mail, postage prepaid, the initial notice of intent to arbiltate, addresseci to the otlier party at the address hereiiiabove shown. a. '['he two (2) arbitrators selected shall imaiediately select a third arbitrator. The arbitrators thus convened shall, with_in a lime established by a majority vote of the arbitrators, conduct a hcaring on the issues submilted to them and render a decision on each issue, in writing, to each of the parties to the dispute. Any decision as to procedurc or substance.made by a majority of the arbitration paiiel shall be binding. A decision hy a majority of the arbitrators on any issucs submitted shall be the decision of the arbitration panel as to that issue. The arbitrators sliall have authority to awarci costs anci reasonable altomey's fees to eitl-ier party in accorciance with the ~ meeits fuid good faith of thc positi4n asserted by the parties. ~ SL02 3442131 _ 10 ~ Said final deeision of tlie arbilration may bc submitted to any court in the county in J wtuch thc arbitration takes plac;e to be entcred in the form of a judgernent therein. b. In lieu of appoinling three (3) arbitrators in the manner set forth above, the parties may, by written agreement, designate a single arbitrator. c. Lxcepl as prnvided herein, the arbitration proceed'uigs shall be conducted in accordance with the rules of the American ta,rbitration Association and ihe statutes of the State of Washington pertaining lo hinding arbitrati4n. TN WITiNLSS WHFR.EOF, the parties hereto have executed this instrument al Spokanc, Washington, on the day and year .first abovc written. CITY QF SPOlCANE VAI.,I.,F_Y NORI`HWFST CI3RISTIAN' SCIIOULS T3Y: }3Y: ITS: ITS: 13Y: BY: 1'I'S: ITS: ~ SL023042131 ~ 1 Lessee Acknowledgment State Of Washington County Of Spokane On before me, , date n'otary Public personally appcxreci , personally known to me or praved to ine on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged tome that he/she executed the samc in his/her authorized capacity, and that by his/her signature on the instrumeut the person or the entity upon behalf of which the pcrson actcd, cxeruteci the instrument. Wl'I NE SS my hand and official scal SIGIVATURE OF NQTARY My Commission ExPires 1 . 51,02 304213.2 12 'Lessnr Acl{nowledgment STATE OF WASHINGTON) :SS County of Spokane) On this day of , 2005, before me, the undersigned, a Notary Public in aj1d for the State of Washington, persoiiAlly Appeared and to me l:nown or provcn on the basis of satisfactory evidence, to be the agent for rT01'Z"I HWEST CHR1S`I'InN SCH(70LS, who executed the within and forcgoing instrument and acknowledged the saicl instrument tn be the free and voluntary act and cieed oi'said corporation, i'or the uses and purpnses thereni mentioned, and nn aalh stated that they are authoriied to executed said i.nstrument on behalf of said corporation. IN Wl'ITIESS WHE12L0F; 1 have hcreunto set my hand and affixcd my official scal the clay and year Frst above written. Notary Public ui and for the State of Waslungton, resid'uig at Spokane My Appointmcnt F-Ypires: i SI.02 304213.2 13 COMIVLERCIAL LEASE AG:R:E:EMENT ~ TffiS LEASE, made and entered this 13t6 day of Februa 2003, b d between Northwest Cbristian Schaols, d nan-profit corporation, 5104 E. Be d., Colbert, WA 99005 hereinafter referred to as Lessor; and Kendall James Assoc DBA 15` Federal Securities an idaho Corporation hereinaftcr rcferred to as Lessee. WI'PNESSETH: As used berei.n: (1) the term Lessee shall refer and apply equally to the plurall term I.essees, (2) he or his shall apply to she and hers. For and in consicicration of the mutual promises contained herein, thc parties agrcc as follows: 1. LEASED PRFMTSES. The L,essor docs hereby Lease to the Lessee and the Lessee - does hereby hire and lease from the Lessor those c;ertain premises located and described as The Gloektower Buildiag Suite 103 11707 E. SPrxgue Ave., Spokane Valley, WA 99206. Consisting of approgimately 1.,140 Sq. Tt. 2. (a) TFRM. The term of this Lease shal! be five (5) years, commencing on March 1, 2003 and ending February 28, 2008. In the event occupancy occurs in the middle of any month, rent for the first month shall be pmrateci to the frst day of the ncxt succeeding month and therea.Fier, all rental payments shall be due and payable on the firsl (1") day of each month. (b) RENT. i.essee covenants and agrees to pay the Lessor at VJEB Properties, Inc. 140 S. Arthur Suite 510, Spokane, WA 99202, or to such other plac:e as the Lessor may hereafter designate, monthly rental in the amounts of and due and payable on the first (1S`) day of each month as noted. This is a gross lease and includes all cOsts for the subject Leascd Premises and common . area. A. The rental for the first Twelve manths of this Lease shall be ONE THOUSAND F4U'R HlJNDRED TWENTY FTVE t1I\'T) 00/100 DOLLARS ($1,425.00), per month in advance on the first (ls) day of each menth of the first (1 T'welve months of thc lease term. The Rental for the second Twelve months of th.is lease shall be ONE THOUSAND FOITR HIfNDRED SIXTY SEVEN AND 751100 DOLLAKS ($1,467.75), per month in advance on the first (1 day of each month of the Second (2ND ) Twelve months ofthe lease term. The rental for the third Twelve months of this Lcase shallll be ONE THOUSANA FTVT H[JNDRED FLEVFN ANll 75/100 llOLLAItS ($1,511.75) per month i.n advance Qn the first (1 clay of each month of the Third (3rd) Twelve months of the lease term. I'he rental for the fourtb Twelve months of this Lease shall be OnrE T1i0USAND FIVE ffITNnREll F1FTY SEVEN AND 10/100 DOLLARS ($1,557.10) per month in advance on Che first (1") day of eac:h month of the faurCh (4`h) Twelve mn.nths ofthe lease term. The rental for the fifth Twelve months of this I.,ease shall QNE THOUSAND SLX HUNDRED THREE A.ND 82/100 DOLLAItS ($1,603.81) FE7 month in advance on tihe fYrst (1 day of eacb month of the fifth (5`) Twelve mUnths of the lease term. A latc-payment asscssment of five percent (5%) of the rnonthly rental due will be charged for any rent paid after the tenth (5th) husiness ddy of the month in which rent is due. 3. USF OF PREMISES. The i eased Fremises shall be used for commercial busincss purposes as perm.itted 'Mthi.n a commercial business zone in Spokanc County, Washington and al] aclivities i.ncident khereto and for no other purpose without the prior written , .conscnt of thc Lessor first obtai.ned. Lessee shall not use or allow the use of the Leasexi Pzemises SIA2 344213.2 2 in any manner that causes damage to the real property nr improvements, nor shall Lessee use or o- allaw use of the Leased Premises in any manner which would increase incurance premiums or for any illegal purpose. .Lessee shall comply v6th all govemmental rules, nrders, regulations, or requirements relating to the use and occupancy of the L.eased Premises. 4. RULES AND REGULATIONS. Lessor reserves the right to promulgate such reasonable rules and regulations relaii.ng to tbe use of parking areas as it may deem appropriate and for the best intcrest of the tenants, and Lessee agrees to abide by such rules and to cfloperate i.n khe observance tbereo£ Svch rules and regulations shall be binding upon Lessee upon delivery of a copy thereof to Lessce. Said niles and reguldtions may be amended by Lessor from time to time with or without advance notice and such amendments shall be efTective upon the delivery nf a copy thereof to I,essee. Any material violation of such rules and regulations by Lessee, iLs officers, agents, employees or subtenants will constitute a breacb of this lease and, upon expiration of thc cure period, entille the Lessar to claim a default thereunder in the same manner and to the same extent as any othcr dcfault under the lease: provided, however, that the notice and cure provisions of Section 23 of this Lease shall be applicahle. ~i 5. REAI, ESTA'[E TA.IES. The Lessor shall pay all real property taxes due or faJling due on said premises. However, in the event the Lessee shall make an impmvement on the pmpcrty wbii;h causes an increase in real property taxes, tbe r.essee hereby agrees to pay any reasonable increase caused. 6. MAINTENANCE. I..e.ssor shall maintain in good condition, the improvements on the real property, including parking lot, leased pursuant to this Lease. 7his sha11 include any and all mainlenance requi.red lo keep the improvements on the real property, including parking lot, which is the subject matler af this T ea..te, in the same condition, less normal wear and tear, casualty, condemnation and repairs required to bc made by Lessor, as of the date of Commencement of this T,,ea.se. 7. PARK;In'G LOT MAJWF,Nt1NCE. The Lessor shall keep and maintain the parking lot and landscaping in a neat and clean condition and repair at all times. l.n addition, Lessor shal] remove snow during the Ainter season; as necdcd, and the Lessee agrees that there ~ J shall be no vehicles left overnight in the pazking lat area by Lessee or any employee of the si.oz 3042131 3 Lessee in order to prevent interference with the cleaning, mai.ntain.ing and snow removal of the pacidng lot area. 8. U"I1LITIES. The L,essflr agees tn pay all charges for light, heat, waier, sewer, garbagc and all other utilities and services fumished to the premises except telephone. Lessor agrees to Provide janitorial services suFf7cient to keep said Leased Premises and common azea neat, clean and free of garbage and debris at all timcs. 9. ACCIDENTS A.ND LIABILITY. Neither Lessor nor its agents shall be liable for any injury or damage ta persons or property sustaineti by Lessee nr any others, in and about the Leased Premises. Lessee agreGS to defend and hold Lessor and its agents harmless from any claim, action and/or judgement for damages to property or i.njury to persons suffered or alleged la be suffercd on the Leased Premises by any person, firm ar corporation, unlets caused by Lcssor's negligence. I,essor and Lessee agree to maintain public liability insurance on the Leased Premises in the minimum single limit of Onc Million and No/100 dollars ($1,OQO,UOU.UO) and sha11 name I,essor a.z an adciitional insured. Lessee shall furnish Lessor with a certificate i.ndicating that the insuraace policy is i.n full force and effect and lista.ng the Lessar as an additional insured on the policy. Lessor Shall name Lessee as an additinnal insured and shall furnish Lessee with a certificate indicati.ng the insurance policy is in full f.orce and effect and listing Lessee as an additiona.l insured. 10. LTENS AND 1'NSOLVENCY. Except as oiherwisc provided Lessee shall keep the Leased Preraises free from any liens arising out of any labor performed or materidls furnished to, or any obligations incurred by Lessee, and shall hold Lessor harmless against same. 1.n the event Lessee becomes i.nsolvent, bankrupt, or is a receiver, assignee or other liquidating officer is appoi.nted for the business of Lessee, Lessor may cancel this Lease at its option. 11. SUBLETTI.NG OR ASSIGNMENT. Except as otherwise provided Lessec may not swz aoazis.z 4 assign or sublet all or any part of this lease af tbe Leased Premises, without Lessor's priQr ~ written consent. 12. ACCESS. Lessor shall have the right to entcr the Leaseci Premises at all reasonable ti.mes and provide Lessee reasonable notice except for emergencies for the purpose af inspection or nf malcing repairs, additians nr alterations, and to sbow the I,eased Premises to praspective tendnts sixty (60) days prior to lhe expi.ration ofthe term of this Lease. Lessor shall have the right to placc a For Rent sign in canneetion with the Leased Premises f.oz the sixty (60) days prior to the end of the term of this J.ea.se. 13. POSSESSION A.ND QiTfFT ENJQYMENT. The Lessee sha11 be entitled to possession of the I..ed.seti Premises as soon as the same are ready for occupancy as hereinabove described and shall be entitled to eontinueri quiet enjUyment ofthe Leased F'remises duri.ng all periods under the term of this Lease, provided that the I.essec shall bc in good standing and shall bave paid all rent reserved under the Leasc and performed all covenants agreed to be performed by thc Lcsscc under the term of the Lease. 14. DAlV1AGE OR llESTRUCTION. In the event the Leased Prernises are rendered untenantable in whole or in part by fire, the elements, or other casualty, Lessor may elect at its optian, within ten (10) days of the event not to resfnre or rebuild the Leased Premises and shall so nati.fy I.,essee, in which event Lessee shall vdcate the I..easecl Premises and this Lease shall be terminated; Qr in the alternative, Lessor shall notify Lessee within ten 0) days afler receiving notice of such casualty the Less9r will undertake tA rebuild oc restor.e the Leascd Premises; and that such work can be completed within ninety (90) ciays from the dai:e of such notice of intent If Lessor cannot restore or rebuild the Lcased Premises within the said ninety (90) days, except for delays which are not the f'auJt of the Lessor, then the ]ease may be terminated at the Lessee's option by written ten (10) days notice to Lessor. During the period lhat the Leaueci Premises are not tenantable, rent shall abate in the same ratio as prem.ises rendered untenantable bears to the wbolc of the Leased Premises. 1.5. SiGNS. The Lessee shall be permitted to havc signage in connection with the SL02 3042132 5 occupancy of the Leased Premises. AIl signs ur symbols placed by Lessee shall be snbject to I,rssar's prior written approval, which will nut be unreasonably withhcld or dclayed. ~ All signs shall be non-illumiaated and shall be consistent with other signage placed upon the building or on any sign pust established for the geoeral use c►f all tenants within the building or using other building on the property common to the area. Signs shall generally conform to the size and type of sign currentfy in use on the Cloektower Building. At the termination of the Lease, the Lessee shall removc alJ signs, at Lessee's expense placed in, on or about the Leaced Premises and will repair any damage causeci by the remnval to the Leased Premises. If the Lessee has a sign in a common use sign past or board, Lessee shall replace plastic in the sign at the termination of thc Lease. 16.. ALTER.ATTnNS AND iMPRUYEMENTS. Tenant shall not make alterations, additions or to thc improvements Premises without the prior written consent of Uwner. UnJcss ntherwisc pruvided for, all such alterations, additions and improvements shall be at the sole cnst and expense ot Tenant, and s6a11 become the property of Owner and shall remain as part of the Premises at the termination or ezpiradon of this Lease. ~Tenant agrees to save Owner harmless from any damage arising out of any such work. Owner reserves the right to make, fram Nme-to-time, at its ezpense, such alterations aad impruvements to Premiscs and Property as it cieems appropriate 17. C4NrDEMNATION. In the evcnt that any govemment, or any agency dr instrumentality having the power of eminent domain shall, by condemnation or deed in lieu thereof, take tide, possession or the right to passession of the LE;aseci Premisf:s or any part thereof, Lessor may, at its oplion, termi.nate this Lease as of the date of such takiag, and if Lessee is nal i.n default under any of the pro-visions of this I,ease on said ddte, dny rental prepaid by Lessee shall, to the cxtent allocable to any period subsequent to the eFFective date of tbe termination; be promptly refundeci to Lessec, provided Lcssee shall be entitlcd to seck compensation for any Lessee improvements which are so talcen by em.i.nent domain. 18. COMFLIANCE WITH i.,AWS. I.,essee shall at all times keep and use said I1ea.sed SI,02 304213.2 6 ~ Fremises in accordanec with applicable laws and ardinances and in accordance with applicable directions, rules and regulatians ot'public o.fficials and depariments as applicable to Lessee's specific use of the Leased Premises as opposed to use in general by the tenant at the sole expense of Lessee unless otherwise agreed by the parties. 19. CO1VFlItMATTON BY LESSEE. L,essee agrees, from time to time during the Leasc period, upon not less than fiftecn (IS) days prior An-itten request by the Lessor, to sign and make available to the Lessor, a confirmation stating that thc Lcase is in full force and eff'ect and unmodified as of the date of the signi.ng of the confirmation. The purpose of such confirmation shall be to entit:le the 1.essor to provide said confirmation to a morkgagee or prospective mortgagee providing financing for said property, of which the Leased Premises is a part. 20. .JnTNT .A.1VI) SFVERAL pBI..iGATIQN. There being more than one Lessee, the obligations hereunder i.mposed upon T..essee are joint and several uppn all gersons ineluded as Lessee. ~21. RIDERS. The riders or addenda, if any, attached to this Lease arE made a part hcreof by reference. 22. DEFAULT AND RE-TNTRY. If the Lessee shall fail to keep and perform any of the covenants and agreements herein contained, other than the payment of rent, and such failurc continues for thirty (30) days after written nptice from LessAr, unless appropriate action has been talcen by Lessee in good faith to cure such failure, Lessar may terminate this T,ease and re-cnter said Y.eased Premises and without terminati.ng this Lease, re-enter said Leased Premises, sublet the whole or any part thereof for the account of the Lessee for the balance of the term of this I..ease, and Lessee covenanis and agrees to pay to Lessor the fair rental value of any deficiency arisi.ng from re-letting of the Leased Prem.ises at a lesser amount than herein a~,~reed to. Lessee shall pay such deficiency each month as the amount thereof is ascertained by Lcssor or at the Lessor's option, shall pay the present value (discounted at the rate of seven (7) gercent per annum] of the balance of the rent for the remainder of the term of the Lea.te less the present S1A2 304213.2 7 value (discounted at the same ratc) of the fair market va]ue of the Leased Premises for said period. _ i 23. BREACA OF LEASE. If the Lessee breaches this I.ea.se after written notice and grace periods, then this L.ease may be terminated by the Les,tor in the following manner at its option: The Lessor shall serve upon the T.,essee, by registered or certif ed mail, at the Lessee's last known address, a notice in writing pf the fact of said breach or breaches and a detailed description of said breacbes. From and after the mailing of said notice, the L,essec shall have ten (10) days to cure any breach for the nonpayment of rent and thiriy (30) days to cure any other breach o1' the lease. Failure of the Lessee to remedy said breaches within said period shall zesult i.n T,,essee's tatal fort'eiture of all its right, tide and interest under this Leasc, and the Lessor shall have the right to enter said premises and remove the Lessee and her properiy therefrom, take immediate possession for the purpose of protecti.ng said property and cancel this Lease in its enti.rety or re-let the premises. In all cases of sucb forfeiture, Lcssor shall make a good-faith eff.ort to mitigate its damages. Lessee shall be liable only for reasonable deficiencies, which da not exceed f'air mdrket value of rent which result from re-letting. 24. RFMnVAL OF PROPERTY. ln the event Lcssor laNvfully re-caters the Leased Premises as pravided hercin, Lessor shall have the right, but not the obli;ation, to remove all of the personal pmperty locaLed therein and to place such property in storage at the expense and risk of Lessee. 25. COST5 AND ATTURiYEY'S 1+EE/VENUE. If, by reason of any default or breach on the part of either party in the performance of any of the Provisians of this I,ease, a legal action is instituted; the losi.ng party agrees ta pay all reasonable costs i.ncludi.ng the prevailing party's reasonable attorncy's fees as fixed by the court in connection thereNAnth. It is agreed that the venue of any legal action brought under the tcrms for this lcase shall be in Spokane CQUnIy, Washington. 26. SU'BROGATING WAIYER. Lessor and Lessee each releases and relieves the ather S[A2 3042131 8 ~ and waives its entire right of recovery against the other for loss or damage arising nut af, or incident to, all perils dcscribed in the fire and extended coverage insurance policy approved for use in the State of Washington, wiuch occurs in, on or about the I,eased Premises, whether due to the negligence of either pacty, their agEnts or cmployees or othcrwise. 27. SUBbRDINATION. Except as otherwise provided Lessee agrees that this Lease shall be subordinate to any mortgages or deeds of trust placed on lhe property provided that in the event of foreclosure, if Lessee is not then in default and aQrees to attom to the mortgagE:e or beneficiary under deed of trust, or purchaser at-a foreclosure sale, such mortgagec or beneficiary oz purchaser shal l recogn.ize Lessee's ri,ght of possession for the full term of this Lease. Lessor agrees to use Lessor's best efforts to obtain a Non-Disturbaace Agreement. 28. NO WAIVElt OF COVENANTS. Any waiver by either party of any breach hereof by the other shalJ not be considered a waiver of any future si.milaz breach. 29. ENT[RE AGREEMENT. This Lease contains all the agreements between the partiies and no modificdtians shall be efl'ective exc;ept by wriMen i.nstrument, signed by both parti es. 30. SURRFNDFR OF PREIVf.TSFS. Lessee agrees, upon termination of this Lease, ta peac:efully quit dnd surrender the premises to I.,essor wilhout natice, tn leave the Iaeased Premises neat and clean, vvell maintained, in good condition, normal wear dnd tear excepted, and to deliver all keys to the Leased Prem.ises to the Lessor. 31. H(JLDING OVER. Tf T.,essee, with the implied ar express conscnt of Lessor, sball bnld over a(ier the expirdtion of''the tezm of this Lease, Lessee sball remai.n bound by all the cavenants and agreements herein, except that the tenancy shall be from month to month and monthly rent shall be increased by two hundred pcrccnt (200"/0); or as otherwise agreed upon. 32.13i1vDING ON HFTRS, SUCCESSORS A1VD ASSIGNS. 1'his Lease shall be binding upon the heirs, executors, administrators, successors and assigns of both parties hereto, except as hereinabove provided, but ihis dnes not constitute a consent to assignnient. SI.d)2 304213.2 9 \ 33. NOTICE. Any natice required or allowed to be aiven by either party ta the other shall be depositcd in the United States mail, registered or certificd, return receipt requested, postage prepaid, addressed to Tressor or to the Lessee at thcir addresses stated below, or at such other address as either pariy may de.1igndte to the othcr by notice gven as herei.n provided. T essor at: Northwcst Christian Schoals Clo VVEB Properties, inc. 140 S. Arthur Suite 510 Spokane, WA 99202 r,essee at: Redwood Plaza Suite 103 CJo 1 ST Federal Securities 11707 E. Sprgue Spokane Valley, WA 99206 34. NUN-SMOHING BiJTLDJNG POLICY. It is agreeci between Lessar and Lessee thai the Clack Tower Professional Building is a smok.e-free office complex. There is to be no smoking at any time inside of the office bui_Iding. Tf'smoking writhin th.is complex becomes a problem, the Lessor has the right tv cancel this Lease at its apiYan, provided that the notice and cure provisions of section 23 hercof shall be applicable. 35. FRQNT DOOR SECURITY. For the safety of all tenants and the janitor in the Clock '1'ower Professional Building, al.l exterior doArs must be Iocked after 6:00 P.m. Monday through Friday. On the weekends all clanrs must be locked at the time of entering and at the time of exiting. 36. TIME OF ESSEVCE. Time is of the essence i.n all proNisions of this Lease. 37. ARBITRATION. Tn the evcnt of a dis,agreement arising under this Lease, all matters shall be submitted to arbitration a.S foilows: ; si,Oz aoazisz 10 The party seeking arbitration shall submit, in writing, to the ather party, a statement of ~ the issue(s) to be arbitrated and shall designatc a party to act as arbitrator on behalf of the ~ party seeking arbitration. The responding party shall supply a statement of any counter or additianal issue(s) to be arbitrated and shall nominate an arbitrdtar to act for the responding party. This process shall be accomplished within fourtoen (14) days after the party seeking arbitration has deposited in the United States mail, posta.ge prepaad, the initial nodce of intent to arbitrate, addressed lo the other party at the address hereinabove shown. a. The two (2) arbiti~ators selected shall immediately select a third arbitrator. The arbitrators thus convened sball, within a time eslablisheci by a majority vote of the azbitral:ors, conduct a hearinb on the issues submitted to them and render a decision on each issue, i.n Nvriting, to each of the parties to the dispute. Any decision as to proeedure or substance made by a majority of the azbitration panel shall be binding. A decision by a majority of the azbitrators on any issues submittcd shall be the decision of the arbitration panel as to that issue. The arbitrators shall have authority to award costs and reasonable attomey's fees to either party in accordance with the merits and good faith of the position asserleci by the parties. Said final decisian of the arbitration may be submitted to any court in the county in which the arbitration takes place to be entered in the form of a judgement therein. b. Ira lieu of appointing three (3) arbitrators in the manner set forth above, the parties may, by written agreemcnt, dESignatc a single arbitrator. c. Fxcept as provided herein, the azbitration proceedings shall be conducted in. accordance with the rules of the American Arbitration Assoeiation and the statuutes of the State of Washi.ngton pertain.iug to binding arbitration. 38. TENANT TMWROVEMFNTS: I.essor shall providc at Lessors sole expense the fullowing tenant improvements: _ x. Ilemcrlitiun c►f existing offices in suite. b. Carpet throughout the space. Not to exceed $14.50 per ysrd installed. Carpet chosen by Lessee. c. Paint for entire space. Paint Chosea by Lessec. d. Two offices ancl offce doars. e. Break/Storage room with one door, one building standard counter top and one building standard upper and lower cabinetry. f. One 2x1.0.a2'/Z rccepdon countcr. sLaz aa+a1.3.z 11 40. OPTtQN TO RENEW: Lcssce shall have option to renew this lease for one (1) additional five (5) year period. Provided however Lessee provide Lessor with 90days prior writtcn notice before lease egpiration of Lessees intention to do so. All tcrms and eonditions shall rcmain the same with the exception of rent, which shall be negotiated TN Wl l NESS WHFREQF, the parties hereto have executed this instrument at Spokane, VJashington, on the day and year frst above written. Isr FEDERIL. SECURITIFS NORTHWFST CHRISTIAN SCHOOLS BY: BY: ITS: ITS: BY: BY: ITS: ITS: ~ ~ swz anaaia.z 12 ~ State Of Washington Lcsscc Acknowledgment County Of Spokane On before me, , date Notary Public pcrsonally appexred , persoaalty known to me or prnved to me on the basis of satisfactc►ry evidence to be the persun whc►se name is subscribed to the within instrument and acknowledged tome that he/she executed the same in his/her authorized capscity, and that by his/her signaturc on the insh-ument the person or the entity upon behalf of which the person acted, ezecuted the instrument WITNESS my hund and official seal SIGNATURE OF NOTARY iVly Commission Egpires ~ I,.cssc►r Acknnwlecigment Stxte Of Wxshington County Of Spokane Qn before me, , date Notary Public Pcnonally appeared , pcrsonally known tn me or pravcd to mc on the hasis otsatisfactory evidence to be the person wbosc naroe is subscribcd to the within instrument and acknowledgeci tome that helshe ezecuted the same in hislher autLorized capacity, and that by hislher signature on t6e instrument thc person or thc entity upon behal.f c►f which the persun acted, executed the instrument. WITNESS my hand and official seal SIGNATURE OF NOTARY My Commission Expires SIA2 304213.2 13 CITY OF SPOKANE VALLEY Request for City Council Action Meetlng Date: May 10, 2005 Ctty Manager Sign-o1°f Item: Check all that appty: ❑ consent ❑ oid business 0 new business ❑ public hearing ❑ information ❑ admin. repott ❑ pending legisla4on AGENDA ITEM TITLE: Resotution setUng a date for a PubNc Hearing before the Planning Commission on May 26, 2005 - Street Vacation Request SN 03-05 for a portion of Shannan Avenue east of Houk Street abutting Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 ar►d the Union Paafic Railroad right-of-way. PREVIOUS COUNCIL ACTION TAKEN: City Caunai adoption of Ordinance No. 04-001 (Street Vacarions) m January 2004. BACKGROUND: '`r d'~ . . , ' ~ - . .~1 ~ " 'r` • • ' - ~ ~1I1~' ~ ~ , ~ ~ . • R. • r• ~ f ~ T~ . 1 • 1, ' ' ' . ' ~ . : y ~ I~! S ~ ~ . Ki•- I _ ~„~,•~••r ~ , ti, _'y _ , ~ .AL J ~ I ~ r~~ ' , • 'i~• '~1 [4,,i~ :t~`ry ' e~•' •1'i}~~ . ~ 'f,~~~ 1 f ; ~ i11 r U d.d , ~ '~r: • 9 f~ ~ • ~ la ~ ~ ~ ~ . ~ ~y. ~ • ' ~r~ l ~rr~ ~y ' ~ ~ . t'Tj ~ . ~ ` _ ~ L,,tip~l~,r •.-1~ 'fs~w-~J+ _ " ~ ~~i' _ ~ - ~ s. ~ . - 1•=•_. t ~J~r _ " w~ - - ~ ,s.L~' • • v r s ~ . . . r,1 - ' - , ~ t - ° "'y,,,~~~~ w s- . J to t ~ f'' ~ 1:~ - r - 41 ~ i t ~.J . ' I ~ , • t~ ~r'~'.~~ b~`..~ j t - - ~ I.r .i~'j~i • ~4. J ~ , ~ ~ ~a .f -a.. 6 ApplicaM Biil Lawson, 202 E. Trertt Avenue, #400, Spokane, Washingtori, 99202 the owner of Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208 requests the vacation of a portion of Shannon Avenue east of Hauk Streei. Proponent proposes to develop a multi-fa►mity complex on the property, vacating a portion of the Shannon Avenue rigM-of-way, dedicating addit}onai ngM-of-way for a cul-de-sac, and retaining the existing 30 foot nght-of-way as a utility and limited access easement for the Hamitton property to the east Avista, G2west, Spokane Courrty lltiiities and Consofidated Irmgation Distnd presen#ly have facilities w+thin the ngM-of-way. RECOMMENDATION: Apprave a resolution setting May 26, 2005 at 6:00 p.m. as the date for a Public Heanng before the Spokane Valley Planning Commission. STAFF CONTACT: Marina Sukup, AICP, Community Oevelopmerd Director Draft CI 1 Y OF SPOKANE VALLEY SPOKANE COiTNTY, WASHING fON . RN,SOLU'1'1ON NO. 05-007 A RESOLUTION OF TIiE CITY OF SPOKr1iNE VALLEY, SPOKANT CQiJNTY, VVASHIIVG I'UN, 5~,+" 1'TCNG TH:E- PUBL1C 111sA1tiNG llA1 E ANll TIME FOR TI4F PLAN,NING CONIlVIISSION TO CONSIDEIt STI2EET VACAT10rI REQUES1 STV-03- 05 YCTI2SUANT TO RCW 35.79.010. NV'HL-REA$, the City of Spokane Valley has received a Street Vacation reqtiest (C;ity 17eference N0. STV-03-05) frorn Bill Lawson, 242 C. Trent Avenue, #400, Spokane, Washingt:on, 99202 [he owner of Assessor Parcels Nos. 45103.0205, 45103.0206 and 45103.0208, requesting the vacation of a portion of Shannon Avenue east uf'Houk Street; and, WHEREAS, 12C1V 35.79.010 specifies that the legislative authority shall e:stablish by resolutinn the cime when a Streec Vaeation application shall be considered by the leoislative authoriey or a committee thereof; and, WNrRFAS, the Spukar►c Valley Munieipal Code 10.05.220 establishing regulat:ions and procedures f'ar the processing of'vacations of public streets (hereafter referred to as "Street Vaeation"); and, WHEEZEAS, Spokane Valley Municipal Coclc 10.09.04.10 specifies that the Plannina Conimission shall conduct the public hearing requirecl pursuant to RCW 35.79.010; and shall clevclop and forward a recommendation for a requested Street Vaeation to the Cily Council. ~ NOW '1'1-LEKE;FUItE, be it resolved by the City Council of the CiCy af Spokane Valley; Spokane CoLmCy, Washington, as follows: Section 1. Establishment of I'ublic Mearing Date and Time f'or S7'V-03-05. '1'he requircd public hearing for Street Vacation itequest S`CV-03-05 shall be concluctecl before the Spokane Valley Planning Commission, M1y 26, 2005 beginning ac 6:00 p.m. in the City Cvuncil Chainbers 1t the City Elal I of the Ciry of Spokane Valley, 11707 Cast Sprague Avenue, SuiCe 101, Spokane Valley, Washingtan 99206. Scction 2. EffecYive Datc. This Resolution shall be in full force ftncl effect Mav 10. 2005. Adapted this 1 Oth day of May, 2005. C1TY OP' SPOKANE VALLEY Diana Wilhite, iVlayor ATTEST: Cliristine Bainbridge, City Clerk , - Resolutioii Nu. 05-008: L'staUlishment of Public Heuri.rig Dxte and Timc for STV-1,13-GS Page l of I ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 5-10-05 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval oPthe rQllowing Vouchers: BACKGROUND: VOUCH:ER LIST VOUCHI?R TO"I'AL nATF.. Number(s) VOUCHER AMOI.JNT 04-22-05 6674-6707 1,249,924.50 05-02-05 6720-6758 146,559.14 GRAN-D TOTAL 12396,483.64 1 > ' RECOMMENDED ACTION OR MOTION: Approve claims for vouchers: BUDGET/FIPIANCIAL IMPACTS: STAFF CONTACT: Mary Baslington ATTACHMENTS Voucher Lists ~ vchlist Voucher List Page: 1 04J2212005 9:43:07AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # QescNptioNAccount Amount 6674 4122/2005 000740 AIR CONTROL HEATING & A/C, INC 4179 SENIOR CTR HVAC REPAIR 171.43 Total : 171.43 6675 4/22l2005 000101 CDWG RS39607 40487 MS NATURAL KEYBOARD 54.91 Total : 54.91 6676 4/22/2005 000109 COFFEE SYSTEMS INC 29697 COFFEE & 7EA SUPPLIES 11.90 Total : 11.90 6877 4/22J2005 000284 CRUCIAL TECHNOLOGY 207533234 40496 SOFTWARE UPGRADE 290.55 Total : 290.55 6878 4I22/2005 000750 CTED - GROWTH MANAGEMENT 4120105 Registralion PAW REGISTRATION 175.00 Total : 175.00 6679 412212005 000686 DEPARTMENT OF LICENSING 04121/05 DOL Cash CASH TRANSMITTAL TO DOL 61.00 Total : 61.00 6680 4122/2005 000278 DRISKELL, CARY 04/21/05 CD Reimb. REIMB. TRAVEL/MILEAGE 38.02 Total : 38.02 6681 4/22l2005 000746 EMPLOYNAENT SECURIIY DEPARTMENI 217156-00 2 1 ST QTR 2005 UNEMP. INS_ TAX 100.36 Total : 100.36 6682 4I22/2005. 000410 GRIFFIN PUBLISMING INC. 5574 SENIOR CENTER NEWSLETfERS 384.09 Total : 384.09 6683 4/22/2005 000222 ICMA RETIREMENT CORP. 23806 ICMA QUARTERLY PLAN FEE 250.00 23811 ICMA QUARTERLY PLAN FEE 125.00 Total : 375.00 6654 4/22/2005 000003 IMAGIS7ICS 495521 MAINT. COST PER COPY CHARGE: 39.33 496266 . MAINT. COST PER COPY CHARGE; 144.68 Total: 184.01 6685 4/2212005 000117 JOURNAL NEWS PUBLISHING 26036 ADVERTISING 25.00 26037 ADVERTISING 27.75 vchlist 0 VouioList Page: 2 04122/2005 9:43:07AM Spokane Valley eank code : apbank Voucher Date Vendor Invoice PO Description/Account Amount 6685 4/22/2005 000117 JOURNAL NEWS PUBLISHING (Continued) 28038 ADVERTI S I N G 2925 28039 ADVERTI S I N G 121.50 26040 ADVERTI SI N G 106.50 Total : 310.00 6686 4/22/2005 000164 LABOR 8 INDUSTRIES 041,214-00 WORKER'S COMPENSATION 15.61 Total : 15.61 6887 4/22/2005 000033 MCPC 4714019 40491 OFFICE SUPPUES 419.96 Total : 419.96 668B 4/22/2005 000616 NEW HORIZONS 23780 COMPUTERTRAINING CLASSES 1,891.00 Total : 1,881.00 6689 4122/2005 000652 OFFICE DEPOT 279805 40455 OFFICE SUPPLIES 65.00 282554231-001 40474 OFFICE SUPPLIES 234.51 282633475-001 40477 OFFICE SUPPLIES 248.11 284527427-001 40488 OFFICE SUPPLIES 91.90 T.otal : 639.52 6690 4/22/2005 000119 PIP PRINTING 1330029969 40466 BUSINESS CARDS 158.13 Total: 158.13 6691 4122J2005 000494 PRO PEOPLE STAFFING SERVICES 480 TEMPORARY EMPLOYMENT SERVI 555.00 , . Total : 555.00 6692 4/22/2005 000322 QWEST 509-921-6787 5116 TELEPHONE CHARGES 37.65 Total : 37.65 6693 4/22/2005 000415 ROSAUERS U-CITY 580102 MEETIPVG SUPPLIES 66.49 580103 MEETING SUPPLIES 22.73 • Total: 89.22 6694 4122/2005 000748 ROTO-R007ER 9597 SENIOR CTR. DRAIN CLEANINGlTC 86.75 Total : 86.75 6695 4/22/2005 000324 SCWD #3 475-1495-00 04113/05 WATER CHARGES 11.50 Page: 2 vchlist Voucher List Pa9e: 3 0412212005 9:43:07AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # QeacriptionlAccount Amount 6695 4/22l2005 000324 000324 SCWD #3 (Continued) Total : 11.50 6896 4/22/2005 000321 SPQKANE AREA EDC 1437 2ND QTR CONTRACT PAYMENT 13,750.00 Total : 13,750.00 6697 412212005 000172 SPOKANE COUNTY ENGINEER 0411 BM5 Traffic Mit 7RAFFIC MITIGATION FEES 29,340.00 Total : 29,340.00 6698 4/22l2005 000001 SPOKANE COUNTY TREASURER 4/15105 County COUNTY CONTRACT PAYMENTS 1,180,787.95 Total : 1,180,787.95 6699 412212005 000749 SPOKANE REGIONAL HEALTH DIST., - V 4l15I05 Mirabeau Pa MIRABEAU PARK WATER TEST 40.01) 4/15105 Sullivan Pa SULLIVAN PARK WATER TEST 287.00 Total : 307.00 6700 4/22/2005 UOU374 SPOKANE REGIONAL, CHAMBER OF CC 444469 PARTIAL REGISTRATION - WILHITE 600.00 Total : 600.00 6701 4122/2005 OOOOBI STATE OF WA, DEPART OF REVENUE 602 251 431 B 03I05 COMBINED EXCISE TAX RE7URN 12.79 Total : 12.79 6702 4/22/2005 000419 SUMMIT LAW Gf20UP 25567 LEGAL PROFESSIONAL SERVICES 2,360.00 Total : 2,360.00 6703 4f22/2005 000398 TAN MOORE ARCMI7ECTS P3983 #16 MIRABEAU POINT CENTERPLACE I 16,078.29 Total : 16,078.29 6704 4/22/2005 000177 U.S. POSTAL SERVICE • 0418 SENIOR CEN7ER NEWSLETTER PC 190.19 Total : 190.19 6705 4/22/2005 000167 VERA WATER 8, POWER 0010-003488.01 STREET POWER LIGHTING CHARC 124.98 0011-010826.01 STREET POWER LIGHTING/WATEf 35.41 . Total : 160.39 6706 4/22/2005 000409 WASHINGTON STATE DEPARTMENT, Of Q1l05 600 202 105 LEASEHOLD EXCISE TAX RE7URN 192.60 Total : 192.60 6707 4/2212005 000066 WEST COAS7 PAPER 4141009 40486 PERMIT SEAL TOP BAGS 84.68 . . pr' 3 , ~ vchlist ~ Vou~..-~ List 0 Page: 4 0412212005 9:43:07AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # DescriptioNAccount Amount 6707 4/22l2005 000066 000066 WEST COAST PAPER (Continued) Total : 84.68 34 Vouchers for bank code : apbank Bank total : 1,249,924.50 34 Vouchers in this report Total vouchers : 1,249,924.50 I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the sgrvices • rendered, or the labor performed as described herein and that the cla[m is just, due and an unpaid obllgaUon against the City of Spokane Valley, and tfiat ( am authorized tn authenticate and ceRify to said claim. - Finance Director Date Page: 4 vchlist Voucher List Page: 1 05I0212005 12:29:37PM Spokane Valley Bankcode: apbank Voucher Date Vendor Invcice PO # Description/Account Amount 6720 5/2/2005 000756 3CMA SP-WA-2005 ADVERTISING 99.00 • Total : 99.00 6721 512/2005 000335 ALTON'S T1RE 8-5377 VEHICLE MAINTENANCE 23.77 . Total : 23.77 6722 512/2005 000037 AMERICAN LINEN 615238 FLOOR MAT SERVICE 49.04 Tota I : 49.04 6723 5/'2/2005 000221 AMERICAN PUBUC WORKS ASSOC. 41228 MEMBERSHIP RENEWAL - KERS7E 122A0 Total : 122.00 6724 51212005 000030 AVISTA UTILITIES 490085074 STREET POWER LIGHTING CHARC 61.97 , Total : 61.97 6725 5J2f2005 000101 CDWG RU47937 40490 DUAL HEAD VIDEO CARD 130.10 RV44920 40495 PLANAR MONI70RS 807.83 Total : 937.93 6726 5r212005 000729 CH2MHILL 3504186 PROFESSIONAL SERVICES . 61,340.76 Total : 61,340.76 6727 512/2005 000109 COFFEE SYSTEMS INC 29892 COFFEE SUPPLIES 85.05 Total : 65.05 6728 5P2/2005 000326 CONSOLIDATED IRRIGATION DIST, #19 05859.0 WATER CHARGES 62.87 115342 WATER CHARGES 17.00 Totai : 79.87 6728 5/2/2005 000686 DEPARTMENT OF LICENSING 04128105 DOL Cash CASH TRANSMITfAL TO DOL 28.00 Total : 28.00 6730 5/2/2005 000761 GREENACRES AU70 SALES, INC. 4l28105 Greenacres 40510 2000 JEEP CHEROKEE - 4 DOOR 8,751.52 Total : 8,751.52 6731 5/2/2005 000505 H& H FINANCIAL SERVICES 158 COPIER LEASE PAYMEN7 201.79 177 COPIER LEASE PAYMENT 412.30 . . ~ ~ 0 vchlist VouiLlSt P Bge Z 05102/2005 12:29:37PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6731 5/2/2005 000505 000505 H 8 H FINANCIAL SERVICES (Cantinued) Total : 614.09 6732 51212005 000759 HIGMMARK DEVELOPMENT, LLC. 04/08/05 i2efund ' REFUND PLANNING DIVISION FEE: 500.00 Total : 500.00 6733 5/2l2005 000022 INLAND BU5INESS PRODUCTS, INC. 52655 CITY PHOTO I.D. - GRIFFITH 19.53 52878 CITY PHOTO ID CARDS 45.57 Total : 65.10 6734 5/2/2005 000751 INTERIOR DEVELOPMENT EAST 04/28J05 Deposit 40500 CENTERPLACE FURNITURE DEPO: 10,000.00 Total : 10,000.00 6735 5/2/2005 000758 INl'ERNATIONAL INS7ITUTE OF, MUNICI 04/25I05 IIMC TFZAINING 100.00 Total: 100.00 6736 5/2/2005 000117 JOURNAL NEWS PUBLISHING 26063 ADVERTISING 61.60 26064 ADVERTISING 43.40 26065 ADVERTISING 64.40 . 26068 ADVERTI SI N G 51.00 26069 ADVERTISING 60.00 26070 ADVER7ISING 25.00 26071 ADVERTISING 63.75 26072 ADVERTISING 147.00 Total : 516.15 6737 5/212005 000012 JOURNAL OF BUSINESS INV002009511 ADVERTISING 140.00 Total : 140.00 6738 512/2005 000760 KINERSON, DAVID 04/26l05 REFUND DAMAGE DEPOSIT 8 FEE 50.00 Total : 50.00 6739 512/2005 000754 KNAPP, TOf1A 04l21105 Refund REFUND MIRABEAU SPRINGS DEP 200.00 Total : 200.00 6740 51212005 000755 LEAGUE OF OREGON CI?IES 2049 ADVERTISING ' 25.00 . 2050 ADVERTISING 75.00 2106 ADVERTISING 25.01) Page: 2 vchltst Voucher List Page: 3 0510212005 12:29:37PM Spokane Valley Bank codc : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6740 512/2005 000755 000755 LEAGUE OF OREGON CITIES (Continued) Total : 125.00 6741 5J2/2005 000757 MT. SPOKANE CHURCM-MIS 2005 04/27l05 Mt. Spokane REGISTRATIONS 250.00 Total : 250.00 6742 512/2005 000062 MUNSON, RICHARD 4/28105 RM Reimb. REIMB. TRAVELI1v11LEAGE 55.89 Total : 55.89 6743 512/2005 000243 NORTHWEST SIGN SUPPLY 724633 40504 PLOTTER PAPER 134.14 • Total: 134.14 6744 5/2/2005 000652 OFFICE DEPOT 284354154-001 40485 OFFICE & KITCHEN SUPPLIES 171.64 28452137a001 40485 OFFICE SUPPLIES 17.60 284527431-001 40488 OFFICE SUPPLIES 67.81 286338146-001 40488 OFFICE SUPPLIES 27.40 .286371555-001 40492 OFFICE SUPPLIES 494.04 286371556-001 40492 OFFICE SUPPUES 70.99 286455340-001 40493 OFFICE SUPPLIES 407.04 40493 286455485-001 40493 STORAGE FILE 63.09 Total : 1,319.41 6745 512/2005 000B91 OLSTEN 61447396 TEMP. EMPLOY. SERVICES-STEHN 580.00 61464577 TEMP. EMPLOY. SERVICES-STEHN 580.00 ' Total : 1,160.00 6746 5/2/2005 000119 PIP PRINTING 1330030039 40479 BUSINESS CAF2DS 226.23 Total : 226.23 6747 5/2/2005 400415 ROSAUERS U-GITY 577901 MEETING SUPPUES 5.18 Total : 5.18 6748 5/212005 000324 SCWD #3 170-0040-03 WATER CHARGES 25.52 Total : 25.52 6749 5J2f2005 000709 SENSKE LAWN & TREE CARE 1248019 MONTHLY CONTRACT PAYMENT 43,276.46 1297011 CENT.TRAIL MONTHLY CONTRACT 1,898.75 - r~ • ~ F;' 3 vchlist Voui-pLj List ~ page: 4 05/02/2005 12:29:37PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 6749 5/2/2005 000709 000709 SENSKE LAWN & TREE CARE (Continued) Total : 45,175.21 6750 5/2/2005 000011 SPOKANE VALLEY CHAMBER, OF COMA 103890 MAYOR ST. OF CITY LUNCHEON 225.00 Total : 228.00 6751 512/2005 000328 SPOKANE VALLEY SENIOR, CITIZENS A 04/08l05 SVSC Reimb. REIMB. VALLEY SENIOR CEPITER 37.99 Total : 37.99 6752 5/2/2005 000311 SPRINT PCS 0141276664-3 4115/05 CELL PHONE CHARGES 562.53 Total : 562.53 6753 5/2/2005 00D516 TETRA TECHIKCM 144493 3105 40350 STORMWATER UTIL. PROG. ASSN 8,923.60 Totai : 8,923.60 6754 5/2/2005 000591 7HE ACTIVE NETWORK INVU004989 SAFARI SOFIINARE MAINTENANCI 3,099.00 Total : 3,099.00 6755 512I2005 000167 VERA WATER $ POWER 0012-004137.02 STREET POWER LIGHTING/WA7EF 35.45 0013-032589.01 • S7REET POWER LIGHTING/WATEF 63.94 0014004275_01 STREET POWER LIGHTING/WA7EF 23.93 0014-032971.00 STREET POWER LIGHTING CHARC 43.36 0016-007780.00 STREET POWER LIGHTINGIWATEF 20.45 0018-031941.01 STREET POWER UGHTING CHARC 54.10 0018-032752.00 STREET POWER LIGHTINGIWATEF 18.68 0034-031942.01 STREET POWER LIGHTING CHARC 56.49 Tota) : 316.40 6756 512J2005 000061 WILHITE, DIANA 04l01105 DW Reirrib. REIMB. TRAVEUMIL.FJiGE 5.43 04/25J05 DW Reimb. REIMB. TRAVEUMILEAGE 37.37 04/25I05 DW Reimb. REIMB. TRAVEUMILEAGE 355.02 04/25l05 DW Reimb. REIMB. 7RAVEUMILEAGE 62.19 04125/05 DW Reimb. REIMB. TRAVEUMILEAGE 5p.22 04125/05 DW Reimb. REIMB. TRAVEL/MILEAGE 48.60 04/25f05 DW Reimb. REIMB. TRAVELlMILEAGE 19.96 Total : 578.79 6757 5/2/2005 000021 WITHERSPOON, KELLEY, DAVENPORT, 123766 PROFESSIONAL LEGAL FEES 350.00 Page: 4 vchlist Voucher Llst Page: 5 05102I2005 12:29:37PM Spokane Valiey Bankcode: apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 6757 512/2005 000021 000021 WITHERSPOON, KELLEY, DAVENPC (Continued) Total : 350.00 6758 5/2/2005 000734 WSDOT CASHIERS OFFICE 4/14/05 3 Invoices 40472 CONTRACT SPECIFICATION WRITI 225.00 Total : 225.00 39 Vouchers for bank code : apbank Bank total : 146,559.14 39 Vouchers in this report Total vouchere : 146,559.14 1, the undersigned, do cert(fy under penalty o( perjury, that the materials have been furnEshed, the services rendered, or the labor pertormed as descilbed herein and that the claim is just, due and an unpald obl7gaUon against the Cliy of Spokane Valley, and that 1 am authorized to authenUcate and certify to said Gaim. Finance Dfrector Dete _ , . F,5 ` , ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ cflnsent X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Full-width Paving GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The County has received bids on the 2005 projects for Mica ParlclShenivood/Johnston and Edgerton. The paveback costs for those projects base on the bid results are: Mica Park/Sherwood/Johnston $205,167 Edgerton $ 67,553 ~ The County advertised bids for Parks Road and Inland on May 2, 2005. Orchard will go out for bids on May 24, 2004. We estimate the cost of those projects as follows: Parks Road $87,774 Orchard Ave. $97,604 Inland $ 0 The total for the 2005 projects based on the above bids and estimates is $458,000. A budget of $500,000 is recammended which would include a$42,000 contingency. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTAC H M ENT: ~ ~ ~ City of Spokane Valley - Capital Improvement Program Funding ~ Year I 2005 I 2006 I 2007 I 2008 I 2009 I 2010 I 2011 I RESOURCES: ARTERIAL ST FND $ 1,250,000 $ 550,000 $ 550,000 $ 550,000 $ 550,000 S 550,000 $ 550,000 CAP. PROJECTS $ 2,350,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 SPEC. CAP PROJ $ 2,025,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 $ 800,000 ST BOND $ 1,350,000 $ - $ - s - $ - $ - s _ STORM WATER $ 150,000 $ 150,000 $ 150,000 S 150,000 S 150,000 $ 150,000 $ 150,000 GEN. FUND $ 1,150,000 $1,175,000 $ 400,000 S - $ - $ - $ - TOTAL ' $ 8,275,000 $3,475,000 $2,700,000 $2,300,000 $2,300,000 $ 2,300,000 $ 2,300,000 EXPENDITURES: ' DEBT SERV. BNDS $ 186,000 $ 186,000 $ 186,000 $ 186,000 $ 186,000 $ 186,000 $ 186,000 PARKS $ 550,000 $ 750,000 $ 900,000 $ 400,000 $ 400,000 $ 400,000 $ 400,000 TIP (Transportation Improvement Plan) $ 1,209,238 $1,135,000 $ 1,064,000 $ 892,000 $1,437,000 $ 1,982,000 S 2,395,000 PROJECTS TIAL PRESERVATION $ 411,843 $1,033,843 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 PAVEBACK $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ 500,000 $ - RESERVES/CONTIMGENCY $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 $ 250,000 FUND BALANCE $ 5,579,762 $5,199,919 $4,499,919 $4,071,919 $3,098,919 $ 1,580,919 $ 149,919 1 Multi-Year Financial Plan - General Fund Six Year Forecast: Problem Statement #1 2005 2006 2007 2008 2009 2010 Estimato Estlmate Estimate Estimate Estimate Estimate General Fund Revenuas: SalesTax $ 15,394,836 $ 15,702,733 $ 16,018,788 $ 16,337,124 $16,663,866 $ 18,997,143 Property Tax 9,555,798 9,751,356 9,948,870 10,148,359 10,349,843 10,553,341 Gambling Tax 851,731 851,731 851,731 851,731 851,731 851,731 Leasehotd Excise Tax 4,449 4,449 4,449 4,449 4,449 4,449 Frartchise Fees 649,211 655,703 662,260 668,883 675,572 682,328 State Shared Revenues 1,124,985 1,153,110 1,181,938 1,211,486 1,241,773 1,272,817 Service Fees 1,795,305 1,795,305 1,795,305 1,795,305 1,795,305 1,795,305 Fines 8 Forfeltures 1,261,955 1,261,955 1,261,955 1,261,955 1,261,955 1,261,855 Recreation Program Fees 129,038 129,038 129,038 129,038 129,038 129,038 Interfund 7ransfers 287,000 247,000 247,000 247,000 247,000 247,0D0 Investment Interest 70,000 70,700 71,407 72,121 72,842 73,570 Total General Fund 31,124,308 31,623,080 32,170,741 32,727,451 33.293,374 33,868,677 General Fund Expendltures: Legislative $ 288,226 S 296,469 $ 314,758 S 335,949 $ 360,592 5 389,342 Executive & Legislatfve 442,867 454,305 488,499 519,971 554,400 592,890 PubUc Safety 15,711,424 16,760,415 17,890,827 19,100,359 20,394,552 21,779,328 Deputy Cfty Manager 364,879 403,000 427,160 452,811 478,979 508,778 FinanCe 524,507 572,000 606,320 642,699 681,261 722,137 Legal 202,307 226,223 238,132 248,895 258,876 271,925 Human Resources 178,353 200,000 212,000 224,720 238,203 252,495 PubliC Works 789,017 865,000 916,900 971,914 1,030,229 1,092,043 Pianning 934,006 902,315 955,410 1,011,618 1,064,641 1,121,674 Building 772,427 810,000 858,600 910,116 964,723 1,022,648 L(brary 2,270,000 2,338,100 2,408,243 2,480,490 2,554,905 2,631,552 Parks Admin 1,070,262 858,571 889,946 923,316 858,106 994,504 Recreation 158,215 158,098 159,909 165.126 170,799 174,826 Aquatics 255,818 270,634 288,768 308,138 328,831 350,938 Senior Center 126,592 91,337 96,810 102,877 107,496 112,735 CenterPlace 321,299 368,623 392,975 418,295 444,748 • 472,411 Transfer to Street Fund 2,000.000 2,000,000 2,000,000 1,500.000 - - TransfEr to Capital 1,150,000 1,175,000 400,000 - - - General Government 3,231,328 1,942,000 1,890,000 1,950,000 2,025,000 2,094,000 Total General Fund 30,791,527 30,692,090 31,433,277 32,267,294 32,618,342 34,584,184 Surplus/(Deficlt) 332,781 930,990 737,484 460,157 675,032 (715,507) 2 2/18/05 ~ ~ J f Street Fund: Six Year Forecast Problem Statement #2 Service Level Afforded by Native Revenues 6-Year Plan Based on Current Revenues Street Fund 2005 2006 2007 2008 2009 2010 Salaries, Wages & Benefits $198,354 $0 $0 $0 $0 $4 Su lies $13,280 $0 $0 $0 $0 $0 S okane County Engineerin Contract $400,000 $0 $0 $0 $0 $0 WSDOT Street Maintenance - SR 290 & SR 27 $350,000 $350,000 $350,000 $350,000 $350,000 $350,000 S okane Coun Street Maintenance Contract $1,589,292 $599,820 $599,820 $599,820 $599,820 $599,820 Minor Road Maintenance $300,000 $0 $0 $0 $0 $0 Street Lighting/Signal Power $300,000 $250,000 $250,000 $250,000 $250,000 $250,000 Consulting Services $0 $0 $0 $0 $0 $0 SRTC $36,000 $0 $0 $0 $0 $0 Inrefund Transfers - Re lacement $131,074 $0 $0 $0 $0 $0 Total Ex enditures $3,318,000 $1,199,820 $1,199,820 $1,199,820 $1,199,820 $1,199,820 Native Revenue $1,200,000 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $1,200,000 2/18/05 3 Street Six vea r Fo recast Fund: Problem Statement #2 6-Year Plan - Senrice Level Maintained Street Fund 2005 2006 2007 2008 2009 2010 Salaries; Wages & Benefits $198,354 $214,222 $231,360 $249,869 $269,859 $291,448 Supplies $13,280 $14,342 $15,489 $16,728 $18,066 $19,511 Spokane County Engineering Contract $400,000 $432,000 $466,560 $503,885 $544,196 $587,732 WSDOT Street Maint - SR 290 & SR 27 $350,000 $378,000 $408,240 $440,899 $476,171 $514,265 Spokane County Street Maint $1,589,292 $1,716,435 $1,853,750 $2,002,050 $2,162,214 $2,335,191 Minor Road Maintenance $300,000 $324,000 $349,920 $377,914 $408,147 $440,799 Street Lighting/Signal Power $300,000 $324,000 $349,920 $377,914 $408,147 $440,799 Consulting Senrices $0 $0 $0 $0 $0 $0 SRTC $36,000 $38,880 $41,990 $45,349 $48,977 $52,895 Interfund Transfers $131,074 $141,561 $152,886 $165,116 $178,325 $192,591 Total Expenditures $3,318,000 $3,583,440 $3,870,115 $4,179,724 $4,514,102 $4,875,231 Revenue $1,200,000 $1,200,000 $1,200,000 $1,200,000 $1,200,000 $1,199,903 Transfer from General Fund $2,000,000 $2,000,000 $2,000,000 $1,500,000 $0 $0 Beginning Fund Balance $3,300,000 $3,182,000 $2,798,560 $2,128,445 $648,720 ($2,665,382) Ending Fund Balance $3,182,000 $2,798,560 $2,128,445 $648,721 ($2,665,382) ($6,340,710) 2/18/05 4 ~ 0 Annual Projected Surplus/(Shortfall) Summary Problem Statements #1, #2 and #3 - 2007~~ ~ ~ . 2008 2009 ~ - 2010 • Operations: #1. General ~ Y~ T$ R 332, 781 $~930, 990 737,464 460,157 $ 75,032 $~-(715, 507j y#2 St reet ~ - - ~ - - (2,665,382) (3,675,328) 't-- - ~ ~ #3 Capital Parks est__~1 (100,000) v T (225, 000) (250, 000)1 (350,000) t ~ . Streets (600,000) (900, 000) 000) T~ (950,000) ~ - ~ (100, 000) (100, 000) (100, 000) (100,000) - - _ ~ Total Capital ~ - ~ - r (800, 000) ~ (1, 225, 000) ~~(1, 250, 000)'• (1,400, 000) 1 ~ ' ► , .l ~ Total $ 332,781y $ ~930,990 ~ $ (62,536) $ ~(764,843) $ (3,240,350) $ ` (5,790,835 2/18/05 5 ~DraR 6-Year Residenttal Presenratlon Stneet Plan - surtece I I RdwOilltMlon or Presarvamltxn Type Tt+ldm tt RoW Wms _ From Las6on To locaUOn L~~h Q~qor~tlon n Ca~t __~Fia~+ab EN/1v 55' al~ 1Aibodndf Rd lhwvenilYA- 6RA_Fuu Uepth GrinCr~ 4.00 _f3S4775 20D5 F -200d Pre-Coaiad Chip _ , 005 289 . ,321ti v SFf•V ivWes f d -----Best_Rd 051 - - - _ @th Av ~ C 35:prtrCociled Aip if f10 063~ 2005 ; Camt~ilR1 f~d 1H(h Av - ~ i71h Av ~~pw!xlh Rd 9awdrsh Rd 0 12'StLnry 5ea1 _ 0_05 $4,1bG, 20b5 'tau~ Av ,Sky~+arttth Rd _Bc~w5liLh ~ n ~3'5~u►ry SeW 4~5 $+1 767; `1DO5 2~ Av (1n+vct±v7y Rd C',+mn Rd_ ~ 0 13 Slurry Seal 06 y1,7671 NOS 251h Av LJru.aroMy Rd :Pvm 1 00 6hrry Seal 0.05 S36,5871 2W5 26th Av i;knri Rd PKtrce fZa 0.19 SlurrY Seel 0_05 34. 7d"/ ~ 2005 28ifi Av l"iixlxTwn Wi_ Baiwcfish R_a i 0 7^~ 'SiurrY 0-05 S26.400' '~b3 :lilth Av Genii Rcf PiCroe FFd--- ~ 0 11 5harY SE~eY O.~f 5~,787; 2D05 C;tenn iid 32(u711v 27th Av i 0 31 Slurry gist 0.06 1111,367 2Otl5 ~ienn 2 . 54) Av 1 9iFti l~v D 44 'S3uiry Seal b_C6 St9_i33 2005 ~ tPiarra --,370i~v 1blhAv - 1 35 S1urty SaY .06 549.500* 288.~`i ~ r*Y ;'taI . 0 06 - - S2,200 2006 TBtA Av ~ ~71h Av 0 08 '9iu - - - r$kf~vtf~ Rd ~26th Av 23rd Av_ _ 0 WSi:ery Seal , O:d3 SE,967, 20fjb .~il~cyttl 1MUi Av 1£flh Av 0 12'Slwry :'iAll 0051 _$41001 ~0!S E_ . • - - • - i . _ _ .2oQ"5 Tatnl TOTAI C _ f41t.843-_ - . , - - - . . - - - i --1 • 5vraa,• av Evor~r..n suniwn Rd 100 2 inc+, cnnd a i►tay 200 565000o aaoe _ooo Salteno Rd 18tn ~v Bluke Rd _0 76 Precxwwa cnp- - ; a_o~ s14,4e3, ? '9ciwiR Rc~ a~tu, l1v Universdy Rd b 9ts-€~aZ'.m1eo G~ 0-~ - f19;~e+D 2009 .Eiroodway _a~f_~_G_.w_-{_Rtl~nreCEion , ~Remnsttupl _ SSD6,OOQ 2006 ;Siwry Roads Everyroen Ate~ 181A ,211h ~ i Od:3iwry Saai S3oo,000_ 2000 - - 2i3o5Total - TOTAL fi,583,8d3 - i - - ~ i - - - - : - ~ * - - - ~ ; , Slurry Rovds Tharman Area 4_ ' ~ S OO Slurry Sael 5`WX,OOU' 2007 ~ 1 - - : 2007 Taf:e~ S 1 OGIJ OOtl: ~ ~ • - - . - ' - 9owtLmR Rd JIOth Ar ,381h Av 0 72 Full DaQQi C~md 3.In1~_ .OQ S6Q.261!'. xD00 l ~ yAd €nd .+~e1 ~ Srar(i~- AAotr~~t3 _ 0 23 F~I Deplh Gmd 61nZiY 4_ 3100,e2s z~yo I. Oc~ st -6i~-i9o +~'~s,t ~v 'litan Av ' 0 31 'K~if beoa+- dnna a r,isy i oo s,e,,et6' --iooa I 8utllven d Eudld Mwticft+ Nemr~tr~A Ydasealan i600.000 '70S o• &Ainy Ibca1 9arkwArs larYaon ~b0~00R S OG SMa*y Sw 3600.000 xe 2008 Tatel TOTAI t1.358.750_ - ~s01h Av - lY4~c1Mo~ Rd ! EtKf Of Raad U zO~Fu~ Oepih (irin0 6 MW_ , A UO ie7,500 ZDOo Broact~noy Av F~clMx' Rd 7Bb ' bolara T1+elmnan ~ 0 431 Fu0 Oepllr C~fnd d I~y 1 00 S 18a.125 1 2000 • Su*vr► i Klanen Inbrsdi0n R-Inm-in fgMftn SM.000 20M • alurty Rapda PIrm Ati 12th Y~IYyV1try 5 00 SRary Sal i6D0,000 2qflo _2009Totat 10TALC f7.775,825,L - - . - ~ - - - - - - - - - - ~ dp .750 ~0 Fat~chet Rd WoFn Av Av I 0_54,2 IrtYt-~`imC A Ir~y - 2 ftf38, ~ Blake Rd 21th Av -SeMeaa Rd _1 0 70',Futl Ueplh Cxl!nd 3_MfMp ♦ 00 S7Q,000j 201Q ~ - - I Wdktsley Av S+mnyvnle i 7r Fb1y Rd I U 27 i Reocxstruc7 100 S303.750' 2010 S" Ra~b Elh AMe/4w Narvnrw EwwOImn 5 DO Skxry 5w iWIG00 2010 ~ ,7010TaUY TOTALC 31.647.5OU, - - naeo 00 or arlsod a isa,cro - . . GRAND TOTAL C08T_ f7 172 602 I AversQa_CoaflYer1,.106.427 . - - I - . . - Y.V2OC5 t'..afl 6 Y~ Nmsdwtuf Prwor.all.T Sram i'ow 4-9 AS IAOV4er7 fu f'a.aCa"j - City of Spokane Valley Departmcot of Yublic Worka T~~ Six-Year Transportation Improvement PraLram .U ~ 2006 - 2011 2006 (Poliare tn thousatuts) ~ J [tcm H Prajcct fTOm [u I'rimnry Source Ciry Mwuni Ainuunt 1 P:m:.mlmuf'mId Wilqur F2o2fd Pines Road TPP 13 3.429 Pines 8 Inditana W2st 6ound on rdmp 2 Lian:er izosa efiaye @ Spokano River #5503 Bt2 393 1 Wrka Rd Rcr,onsinuG - Etaotia to Spatana poone Spokdne River Bridge AIP 17 97 4 APPfeµ'a'1 RMd Tschirtey Road Hodgm Road STP(U) 259 1,919 5 veteyConiAaa-Prajea2 Univf3rsilyRd EvergreenRd TF'F' 785 1,105 Universfly Rd Evergreen Rd , 8 Sultir.ui Raad ttath Ezteruion (8ipebw Gulch) Cj}y 5 S 10 WdOV uhe vaoey- Pak Rnam FutSF Grado Indiana Avenue Mpntgomery Ave. OIhBr 2.450 iI Mx,mpor„ory a,anue iniay az qrgpnno Road University Road Oiher 471 12 hUs$pil A+~~~ ~~idawatic Pmioo Mtdlan Road Unlversiry Road Other 56 41 27 Stroet Proaemation 1'rogiam Gly 1000 1,000 2.135 11,287 2007 ftem f! Projeel fiqm to Pri[nery Sourx Ci!}' Ainnunt Amoanl 2 Bmlocr Road Nriope @ Spokene RMer 115503 BR 3,975 4 nPPiLvmY %xid TschiAey Road Hodges Road STP(U) 103 765 5 vateyCorrsaor-Prqea2 untva,siry rtd Evecgreen Rd TPP 840 eao University Rc1 Evergreen Ftd 6 SWlhren Road N'arlh Exles~sian (Aigdpw Gadch) Cj(y 0 1 10 Btitlgfng the Valley- PeAc lLnad! BMSF Grado Indiana Avenue PAonfgomery Ave. Other 7.047 13 Evorprean Road 32rod Avenue 181h AvenuQ AIP SO 250 ta sufuvan Road v.mi grafyo @ Spokane Rirer 91511-5 BR 435 15 8arka Road - Fth to Eiroedway Avenue 81h AvertUe Btoadway Avenuo TPP 70 517 27 sireet Pic.~~lian rrogrm Ciry iono 11.000 2.084 14,530 ~ 2006 frern Project Rimi b Primnry Souroc City Auiount An►otuA 2 13,ikcr Rncxf nridgo @ Spokqne RiNer #5503 BR 3,675 5 VOney Corcictur - Prnjed 2 University Rd Evergreen Rd TPP 4,826 Universfry Ftd EvergraEri Rd fi SLEivm Faa.id Norfh EMeruion (Eipebw Guth) Ci[y yq 54 7 unnerWiy Road trday nti L7ishman-A9iw Road 15th Avenue STP(U) 68 653 e Unncrsity Road mW nz 1 Sth Avenue 4th Avenue STP(U) 47 353 9 Riaatfr-.ry Memr. Int,iy I-90 EB ramp PRrk Road S7P(l) 23 169 10 BrfdpnOlhe Vallay- Purk ftnad! BNSF C'~ Irvdlana Avcnue Atonignmery Ave_ Oiher 5,298 13 F.orprom Road 32rrod Avenue 161h Avenue AI P 310 ~'SM 14 Sudlivm Road 11Ies1 Br6dpe @ Spokane River ff4611-S Bit 3,783 15 Daikar fZond - Bth tn Qiaadway Firenuc 81n Avenue tiroadway Avanuo TPP 142 1,05D 1G Fkxn Rnasl Sprague Av Mi.s-sfon nv TPP 27 200 17 eartre► Road - spoorrmo wrer eo Euelia nmrn,o Spokano River Eudid A,renue STP(U) 18 140 19 aerker Road Rwr,e;stritiun EuGId Avenue SR290 (Trent Ave.) STP(U) 87 643 2;3 $JIl A..enugRgCrrtlSINCIiUO Hnvana Street Park Road STP(U) 98 714 27 Slr86t PrC.Btvnlicn Progr~m Cily 1000 I•ooo 1.892 24,106 Funded Projects Added Projects Rescheduled ProjeGs 1 21-Mar-05 Cily of Spukane VaIIey Department nf Public Work~ 5ix-Year Transportatiou Improvement I'rogram DRAFT 1 2006 - 2011 - (DOllara tn tlaunands) . .2009 ltem fi Project Bom to Primnry Souroc Ciry Amount Amoant s vauay C«ridor - Pro(eu 2 Univari;ity Rd EvcrgrQen Rd TPP 3.217 Universfty Rd Fverflreen Rd 13 Evefgrem awa 32ru1Aveswe 16thAvenue AIP Spp 2,SW 14 Sullkan koed West 8ridpo @ Spokane Rivor 94511-S BR 15 Ouh.et Rood - 81h fn t3rnn[MVy A•.cnuo 8th Avenue 13roadway Avenue TPP 271 2,003 16 Fl= aoad Sprague Av Mission Av TPP i03 ow 17 darxer Road - Spolmne Rirer ro EuGb Avenue Spolcane River EuGod Avenue STP(U) 25 188 1e valLwj c«riaor- vmjeci 3 Evergreen Roed Appleway Road STR(U) 80 274 ZO BowdlsA Pooad 32nd Avenue 81fl Avenue AIP qgq 2,420 S"f'P(U) 21 pem Roe,d Broadway Av Indiene Av AIP 73 366 23 32ad ~veme SR 27 Best Road S1'P(U) 29 213 zs ein n,mm- Rme,sUuriiW, Havana Sireet Park Raad STP(U) 5' 423 zs F'arlt FZoad FYOieG #3 Sprague Awenue Broa,dwey Avenue STP(U) 52 580 27 Strrsvt Pcpsrrvotinn Prognm Clty 1000 1,000 2.679 17.009 2010 hem M F'rojeat Bom In Mmary Srnirce Ciry /lmounl Amamt ia sidiN:vi aoae wesi oraue Qn Spokane River 4451 t-S BR rsr 16 Flrua Roao SpPague Av Missian Av TPP 203 1.5W 17 DarkrJ Rood - Spolwnn Rncr to feudid Avcruio Spokaroe f2lver ELLdld /1VCI1tLC $.rP(U) 129 959 18 valley (:ariCor - Prorect 3 Evargreen Read Appleway Road STP(U) 202 1.490 2D o~t Rend 32nd Avenue 9th nventre AIN 852 4,260 STP(U) 21 Pa'k Road F3raadwmy Av Indisna !1v AIP 178 890 22 Eudb Rw Flaa Ru Fbra Road Barker Road Cdly 50 so EuGid Road Eudld Road 23 32nd Avenue SR 27 Best Road STi'(U) gp 592 24 SiAfvan Road EuGid AvEnue Ntltesley Avem[e TPP 93 326 zs oth awmo accoR,imcfior, Mavana Street PaAc Road S7P(U) 491 3.G40 25 rmk rtoad rrojea 93 Sprague Avenue Broadway Avenue STP(U) 130 1.47-7 27 Sireot Prssarvaiion Pmpnm City 1000 1.000 3,408 18,950 2011 Nem R FRCrject frorn ttr F'rim-iry Srnnrce City Amount Ampmq 1e vaeey Corridor- wn)ea s Evergreen Road Appteway Roed STP(U) 312 2.307 2D eawcWi Road 32nd Avenue 9ih Avenue AIP 1288 6.440 STP(U) Zi parR Roetl Rfpa9(I'NAy AV Indiana Av AIP 292 1,46D 22 Er.&f Rd/ Flam Rd Flora Roatl Barker Road City 550 Euclid Road Eudul Raad 23 3and Avcrv,w SR 27 Bost Roed STP(U) fl0 ~ 24 SLarvan rtosa Euclid Avenue WeOesley Avenue TPP 374 935 26 Park Road Projcd 93 SprdgltFJ AvQnUO BfOatlvv'dy AvLnuO STP(U) 133 1,597 3,039 13,856 , Funded Progects Addod Projeds RQScheciuted Projects 2 29-Mar-05 CITY OF SPOKANE VALLEY ~ Request for City Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent (9 old business ❑ new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: Second Reading Ordinance No. 05-016 amending the sign regulations. GOVERNING LEGISLATION: Spokane Valley Municipal Code Article V Signage Standards Section 10.30.660 amending the interim Zoning Code Chapter 14.804. • PREVIOUS COUNCIUCOMMISSION ACTION : City Council was briefed on the progress of the Ad Hoc Sign Committee on July 20, 2004. Mr. David Crosby, Chair of the Committee, reported on the findings of the Committee on October 12, 2004. On December 9, 2004, the Planning Commission met with the Ad Hoc Sign Committee in a study session to review the Committee's recommendations_ The Planning Commission held a public hearing on proposed amendments on January 13, 2005, and recommended approval by a vote of 4 to 2 with the Chairman not voting. City Council was briefed on the proposed amendments on January 25, 2005. The proposed ordinance was advanced to a second reading on March 8, 2005. City Council reviewed the proposed regulations in Study Sessions on April 5 and 26, 2005. BACKGROUND: Chapter 14.804 of the Interim Zoning Regulations regulates the placement and dimensions of signage. The Ad Hoc Committee was charged with the "review and update° of the existing regulations. The Committee met on a regular basis from mid-June through the ~ first week of December, 2004. The meetings were held in the Council Chambers and were open to the public. Committee deliberations were also posted on the City's web site. Signs are classified as On-premises (advertising goods or services on site) and Off-premises. Billboards are off-premises signs. On-premises signs are either temporary (e.g. real estate sale) or permanent, and rnay or may not require a permit. Permanent sign types include attached or "wall" signs and free-standing signs. Free-standing signs include both "pole" signs and monument signs. Permanent signs require a permit. Local government may regulate the time, place and manner of commercial Rspeech°, but may not control the message. The Committee has recommended amending provisions which are not inconsistent with the Interim Comprehensive Plan immediately, including: • Updated definitions • Updated height, maximum copy area and spacing standards " • Measurement of irregular signs The Committee also recommended amendments which should be considered following the adoption of the new Comprehensive Plan, including: • Amending "aesthetic corridor' designations uvithin Spokane Valley • "Cap and Replace" for billboards The draft ordinance was forwarded to CTED for their review on November 2, 2004. A Determination of Non-Significance was also issued on November 2, 2004. The comment period expired on December 2, 2004. CTED has not commented on the draft ordinance. Sign Regulations Page 2 of 2 The only change from the earlier draft regulations is a correction on Table 7.01 for "Institutional - Public° uses, which are defined and not limited to schools. OPTIONS: Approve, request additional information or disapprove, RECOMMENDED ACTION OR MOTION: move to approve Ordinance No. 05-016 amending the sign regulations." BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Marina Sukup, AICP, Community Development Director ATTACHMENTS: Draft Ordinance Draft CITY OF SPUKANE VALLEY SPOK.ANE COUN`I'Y, WASI•IINCTON ORD1NAiYCF NO. 05-016 AN ORUII\TANCE OF THE CITX QN SYOKANF VALLEY, SPnKANE COUNTY, WASHI\'GrON, FSTABLISHING SCC110N 10.07.09 S1GN RF•GULATIONS OF THF SI'(7KANE VALLEY UN7FORM llEVELOPNEIY'1 CODF,., REl'EA.LING ARTICLF V SIGNAGF STANDAR.DS SEC:'I'I0N 14.804 ET SEQ. OF 'I'HE SPOKANE VALLEY MUNICIPAL COnE, PROVIDING FOIt SEVERAi3TLITY AND CFFECTlVF DATE. WFTFRCAS, the City of Spokanc Valley Urdinance Nlo. 03-053 adopted the Spokane County 7oning Co<1e as Interim L7evclopment t7egulalions pursuant to the requirements of RCW Chap. 36.70A; and WATREAS; the Comprehensive Plan Goal Goal UL.S "nrovide for an aesthetically pleasing urnan environment and encourage the maintenance ancl enhancement of natural and cultural views"; and WFI:EREAS, Policy UL.5.5 is Co "[e:lstablish standards for the scale and intensitiy of cornmercial signs that protect views iind minimize sigr►abe clutter «<hile still allowing adequate business identification"; and WHER.F..AS, a public hearing was held bef.orc the Spnkane Valley Planning Commission to provide lhe opportunity for public comment on the proposecl regulations; and WHF,REAS, the proposed developmcnt regulations must be submittecl to the 1'Jashington Department of Conununity `Cradc and Economic Development pursuani to WAC 365-195-620; NOW, 'I'HEREFQRL, the Cil:y Council of the Ciky of SpokanE Valley, Washington, orJains as follnws: Sectioii 1. Section 10.07A6 af the Spokane Valley Uniforrn Iaevelopment Code is hereby established to road as follows: ' "Section 10.07.09 Sign Regulations Section 10.07.09.01 Puruosc, lntent and Scope Signage regulations aee intended to promote commerce, traffic safety and community identity while irnproving the visual environment of residential, commercial and indusCrial areas. Signs are classified as off- premises signs or on-premises signs. On-premises signs may be attached (,wall) signs or free-standing signs. Signs may be cla.ssified as permanent or temporary. Scction 10.07.09.02 Definitions • Abxndoned - a sign that advertises a product or service no longer available or a business no longer in operation; a sign which is illegible, non functional, in disrepair, or hazardous as a result of lac.k of maintenance; a nonconforinirig sign structure that has lost legal status as a result of abandonment or lack of use. • Billboi►rd: A structure for the purpose of leasing advertising spacc to promnte an inl'erest othcr tban that of an individual, business, prnduct or serviec available on the premises on which the billboard is Incated. • I3uilding Sign: t1n cxtension of a building (e.g. 3wning, canopy, mttrquee), tvhether permanent or temporary, wttich contains copy. OrdinArice 05-016 Sie,p rcgulzilions Flmendinent Page I of 12 Draft • Bulletin Board: See Reader 13oard. • Code Fnforeement Ofricer: Thc authorizcci resprescntakive of the City of Spokane Valley with responsibility for code compliance. • Copy: letlers, eharaeters, illustrations, logos, graphics, symbols, writing or any combination thereof; designed to communicate information of any kind, or to advertise; announce or identif_y a person, ent:ity, business, business product, or to advertise the sale, rental or lease of premises. • Cnpy Area: the area of'the sign containing any copy, symbol, sign, Io~o or ~,~raphic. • Directional Sign: Any sign relating solely to internal pcdestrian and vehicular traffc circulation within a complex or projcct. • Electronic Sign: A sign that ca.n be changed by clcctrical, clectronic or eOmputerized process; inclusive of video boards. • i+lashing Sign: An electrieal sian or portion thereaf which changes liglit intensity in a brief; brilliant, or sudden and transient outburst of light causing a steady on iind off, glittering, sparklinp, or oscillating pAttcrn. • Frecstanding Sign: A pcrmanerit sign nut aCtachecl W or forming part of a building. • N reewvy Sign - A permanent free-standing on-premises sign ur billboarc:l Iocated on a parcel adjacent and c4ntiguous to Interstate t-lighway 90. • Inflatahle Sign: Any ternporary hollow item or character expanded or enlarged by thc use of air or gas. • t~'Icnu Board: f1n on-site display of inenu items at a resl.iurant; not meant to be viewed frc►m the streel. •Munument Sign: A sign and supporting structure constructecl as a solitl stnicture or one that gives the appearanc_e of a cnntinuous; non-hollow, unbroken mass. • Multi-I3usiness Complex Sign: a sign with a primary facility name and a list of•'the indiviclual stores or businesses mounted on one structural element. Such a sign type inclttdes signage describing a mall arrangement, a s[rip-center development, an industrial park complex, or a mulli-business strvcture or complex oi' buildings with a unifying name and a listing of busincsses contained within the grouping. • Mural: A work of art applied directly to a cvall, ceiling, or floor surface where Forms ancl/or figures are the dominant elements and not intenclccl for eommereial advertising. Any form of wordinb or Iogo shall be of secondaty nature to a mural. • Name Plate - a sign showing only the n3me and address of the owner or occupant of the prerniscs. • Non-confnrming Sign: Any sign which was lawfully erected and maintained on private property which now, as a result of code amendments, does not coniorrr► to all applicable regul3tions and restrictions of this chapter. • \'atice Sign: A sigri in[endccl to safeguard the premises (c.g. "No Parking"; "No Trespassing", "Watch nog on Tauty"); or which identifies emergency telephone riumber, hnurs, and security information. • Obsulete Sign: A sign not i-emoved wit}iin thirty-six months by the owner or lessee of thc premises ~ Up011 wIUCII tI1G SIgI1 IS IOGaIf:d when the advertised business is no lnnger conducted on the premises. Oidinanc+e 05-016 $ign regulfitivns .imendmcnt Pagc 2 0l' 12 Draft • O1'iiei:sl Sign - a sign erected by agovernmental sgency wit}iin its territorial jurisdiction i'or Lhe purpose of carrying Uut an official duty or responsibility and including, but nol limited to, trafFc signs and signals, zoning signs, and street signs. Spceial lighting or banners celebrating seasoiial or civic events sponsored and/or endorscd by the City Council may be OCficial signs. • Off-Premise Sigu: a sign clisplaying cop}' that pertaiias ta a busineSS, person, organiza[ion, activity, event, place, service, or prnduct not principally located or primarily manufactured or sold on the premises on whicli the sign is located. • On-Premise Sign: a sign which aclvertises or directs attention to a business, person, organization, activity, event, place, service, or procluct which is rmtnufactured ancl/or available on Che premises where the sigii is loaafed. • Purtablc Sign: A sign not permanently attached or affixed to the ground Ar other permanent structure, or a sign clesigmed to be transptirted or movetl from placc to place, incltadins, but not limited to signs designecl ta be transpor[ed by means of evheels. • Reader Board: A sign face consisting oFtracks to Iiold readily changcable letters allowing frequcnt changes of copy. . • Roof Sign: A sign Supported by and erected on or above a roof. • Sign A rea - the gross surface area of the sigpi, including n single surface oP a sign With messages on both sides, the sum of all surfiices wherc two or more signs share a single Structure, the gross surface area of both faces of a V-shaped sign; ancl the copy area of a monument sign. In die case of an irregularly shaped sign; die sign area is calculated by enclosing the extreme limits of the sign by no more than fnur (4) rectangles. The sum of the area of the rectanales shall be the gruss surface area. The maximum allowable area is reduced by 10% for the second and each subseyuent rectangle used in the calculation. • Support Structure(s): Posts or columrts and the anchors iu1d bolts that struchieally support the sign attachecl to it. • Terripurxry Sign: A sign which is to be removed wit.hin a specitic period nf tirne ar upon the oecurrence of a specifed event meeting the t1eight and area requirements of Table 7.02; inclusive of intlatables. • Tliree-Sided Sigii: A sign witli three faces. • Two-Sided Sibn: tA sign with twn faces. • Use(s) - General use calebories or speci6c uses withir7 eategories as Pollows. o Institutional Semi-Public include a churahes, public park, multiple-family dwelling, dormitory, fraternity, sornrity; nursing home, retirement apartment, public builcling, child day-care centcr, family day-care provider, nonprofit community hal] or lodge, animal clinic, cernecery or Sanifarium. o I.rtstitutional -Public include a school (kindergarten through university), hospital, policc station, fire station, post office or public Solf cOurse. o Office -include a business or prof.essional 4fficc. ~ o Commercial - include permitted commercial uses other than home industry, home profession, and those listed above. 0 lndustrial - include perttiitted industrial tises. Ordinance 05-016 Sign rcgulations flmendmcnt Page 3 of 12 Draft • Video Baarcl: Sec f;lectronic Sign. • Wall Area - tlie two dimensional respresentation of'a building elevation, inclucling windows and doors, excluding eaves. • Wall Sign - A permanent sigrn attached or erccted plrallel to and extending not more than fifteen (15) inches from the Fa~ade or face of'any building to which il is tittached and suppa-ted throughout its entirc length, witll the exposed face of the sign parallel to the plane of said wall or fayade. Signs incorporatcd inlo mansard roofs, marquees or canopies are wall signs. .Seclion 10.07.09.02 Prohibited Signs The following signs are prohibited: 1. Signs which by coloring; shape, wordino or location resemble or cnnflict with tratfic control signs or devices. 2. Signs that create a safety hazard for pedestrian or vehicular traflic. 3. P"lashing signs. 4. Portable signs 5. Signs lacated within the public right-of-way, except offieial signs. 6. Sigms attached to or placed on a vehicle or trailcr parked on public or private property, provided that this provisiou shall not be construed as prohibitirig the identifcation of a firm or its prociuet on a vehicle operating durino the norrnal course of business. 7. Signs obstructing visibility within any Clearview Triangle as established in Section 10.07.06 of this ' Code. 8. (3illboarcls Scction 10.07.09.03 Permit Reiiuired. 1. /A permit is required for any sign excluding ofticial signs (including traff`ic and directional sigms); settsonal decor3tians: merchandise displays; poitit-of-purcliflse advc;rcising displays; natic►nal 1nd state flags; flflgs of a political subdivision, symbolic flags of an institution; Iegsl notiees requirecl by law; barber poles; histuric site; monuments/ pl::iques; gravestones; advertising eory afFixed to stnictures intended for a seplrate use, such as phone booths; donation a»d recycling containers;letiering or symbols applied direetly onto or flush-mounted magnetically to a mocor vehiele operating in the normal course of busine•ss; political sigms supporting political issues, ctmdidates or ballot measures; replacerncnt of copy on si3ns otherwise permitted; and or other signs_ nnted on `I"able_s 7.01 and 7.02. 2. I'ermit Applications shall iriclude a silc plan that pravides the followinj inl-orrriaCion; a. The location ofi'the afEected lof, building(s) and sign(s); b. The scale ot'the site plan; c. A scaled drawing of thc proposcd sign or sign revision, including size, height, copy, structural footing details, mcthod of attachment and illurnination; d. 7'he Iocation of all existing signs on the siCe ineluding size and heiglit; e. The location of signs un other property for sign types subject fo spacing requiremeots; C npproved sign plan, ifapplicable; and g. 'fax parcel nwnber of proposed sigm. Seclion 10.07.09.04 Number, Gencral Rel!ulationv (>rdinsincc 05-0I6 Sign rcgulations amendmeiit Nagc 4 of 12 Draft ~ 1. On-nremises attached (wall) and freestanding signs shall comply with the requirements of T;tble 7.01 for maximum height, maximum allowable area, maximum number nf signs, minimum spacing flnd setbaclc requirements, provided howevee, that qn-premises freestanding sibnage is limitcd to [he maxirnum number nf either polc sigms nr monument sign structures allowcd per 300 feet of street froncage. i.e. if a single pole sigm is authori,ed, no adclitional monument signage is permittcd; similarly, ptacement of monument style signs will preclude placemcrit of a pole sign. Table 7.01 Hei ht, Co Area and S acin Re uirements Minim ~ Maximum a um ~ g Yp o°'r r°'.n ^ d Zoning District ~ ~ Q o o ~ a Additional Pruvisions z' ~ U On-Premises - Attached aIl nl n/ n/ n/ Name late 1 4 S a a a a N n/ n/ n/ n/ lnstitutional -Semi-Public 1 20 a a a a N n/ nl n/ nl 25% o~' «<all area in UR-22 lnstituiional -~1-Public 1 n~a 32 a a a a Y qnl n/a n/ nl n/ n/ Single Qffice (LTR 12, UR 22) l 32 a a a a Y Multi-tenant Office (iJR 12, UR * ii/a ri/ n/ n/ n/ 22 1 60 a a a a Y *One per buildin Commercial (All Residentia) n/ n/ n/ n/ Zones 1 n/a 20 a a a a y CammerciaVlnclusUial Lones n/a # n/ n/ nl n/ Y $ 25"/0 of wall area (B I, 82, B3, 11, 12, 13 a a a a Un-Fremises- Freestandin l* 10 60 n/ n/ n/ n/ Y Subdivision or Area narne a a a a * per arterial strect frUnCa =e Inclustrial PSrIJAres 15 n/ n/ n/ n/ Iclentificstion 1 ~ Q a a a s Y InsrituY-ional - Semi Fublic 1 6 16 n/ n/ n/ n/ Residenlial "Lone a a a a Maximum copy area may Institutional-Publie (Residential 1 15 32 n/ n/ n/ n/ y be increased up to 60 sci. ft. Zone a a A a for monument signs Iess Off iee/Commercial (UR.12, iJR I 15 32 n/ n/ nl nl than 7 feet in height 22 a a a a Directional Signs n/a n/s 4 n/ rJ n/ n/ N a a a a IndividuaUMulti le Businc.9s Yote Si ns Commercial, I.rtclividual 1* 20 50 n/ n/ n/ 5 y * Per arterial street frontage Business B1 a a a per business per huildin B 1ommereiaL Ivlulti-business t* 2Q 0 n/ ~ 5 Y a a a Per arterial street fronta e Ordinance OS-Olb Sign regulations amendment I'1ge 5 oC 12 Draft Tzjble 7.01 Hci ht, Co. Area and S acin Re uirements J~ Minim Maximum ~ um Sign I ype Additionitl Yrovisions Z-oning llistrict < ~ o o ~o C3 a = " •ti a ~ y Z U`~ Commercial/Industrial, n/ 10 20 n/ Per street fronta ~e er Incfividual busincss (T~2, B3, 11. 1* 30 5 Y ~ p a 0 0 a business per building 12, 1~,W CpmmerciaVInduskrial Multi- 1* 40 25 n/ n/ 30 5 YPcr s/reet frontaae ancl husiness B2, B3, 11, 12,13 , NIG ~ 0 0 er 300 fi, fronta e. Freeway Commercial/Industria) 25 n/ n/ 30 IndividuaU Mtilti- Business (B2, 1$ 50 0 1 a 0 5 Y# Per 300 R 83,11,12, L3, NlZ IndividuaUM.ultiple Business Monument Si . ns Cornmeecial, Individual 1~ 7 75 n/ nl nl y Business (B 1) a a a S * Per artcrial strcet fronlage Cornmercial, Multi-business 2* 7 75 n/ n/ n/ y (B1) a a a 5 Commercial[Industrial Zones, lndividual business (132, B3, [1, 2* 7 90 ~ ~ 5 Y* Per street frontage ^ 12, 13 `i `i `i Commercial/IndusCrial Mulki- 2"` 7 90 n/ n/ 30 ~ Per street frontage and business (B2, }33, 11, 12,13) " a ~t 0 per 300 ft frontage On Yremi.ses 1+~ree-Standin - Acsthetic Corridors Offic;e (UR12,1JK 22) n/ lly S 7 I 8 32 a a a Y Tnclividual & Multi le Businesses - Aest6etic Curriclnrs Commercial I) ~ 73 75 a ~ a 5 Y CornmerciaUTnciustrial (I32, 2# n1 n/ 50 Per street frnntage and R3, 11, I2,13) $ 8 90 a a 0 5 Y per 500 ft fi-ontage 2. Temporary signs shall eomply wit;h the requirmenls of Tttble 7.02 1'or maximLml height; maxirnum allowable area; maximum number of signs, minimum spacing and setback requirements and limitations rclating to time and events. , • ~ Qrdinancc OS-Ol b Sign regulalions :imenctmcnt Pagc f cif 12 Draft ~ Table 7.02 Tem parary Sipns Maximum „o Sign Type ~ ~ a = Additionstl 7oning District z-SP ~ Uw~ Time Limit L~a ~ Provisions > Residential Subdivisinn ReAI Estate 1 10 40 1 Year Y Non-illuminatE;c1 30 Banners, flags, pennants, dayslquarte inflatables n/a n/a r 10 Y One renewal Searchlights n/a n/a 10 da_ys 5 Y Coritract:or, Architcc;x, Surveyor, Engineer I 40 12 tnnnths 5 Y One extension R.cal F...state *!'er road ResidenCial 1* 5 5 N frontilge CommcrciaUindustria I 1 32 5 N Open House DirecCional 1* 3 S 5 N * Per access street . 3. All illumiiiated si~ns shall havc liahting confincd to the sign, and positionecl and shielded to minimize impacts to the surroundin~ area(s). Gooseneck reflectors and lights are permitted on Freestandiiig and Wall Signs provided that lighting or glare does nol e.ctencl beyond lhe property line. 4. rlcctronic signs shall he permittccl on the sacne basis as other signs, subject to heiglit and vea requirernents of Table 7.01. 5. A roof mounted sign may be substituted for an allowed freestanding sign, provided /hat the height of the sign stnieture may not erceecl the maximum height of the zoning district in which the sign is lacatetl. 6. Signs located within the airport hazard area shall conforni to the location fliid height regulations of th7t area. 7. \io sigm shall be erected, relocated or maintained in a manner that prevents the free ingress or egress &om <<ny tioor, window dr f'tre escape. 8. No sign 5hall be attached ea << standpipe or fire escape except Officia) Signs. 9. An_y sign erected ar maintained within five (5) feet of the public rights-of.-way shall be smooth and free of nails, tacks and wires. ' Section 10.07.09.04 Comprehensive Sign Plan Cammercial developmenl, shopping centers; indusUial parks, mixecl use develnpments, and hote) cpnference centers eaceeding five (5) acres in size may seek appeoval of a sign plAn specific to die clevelapment prnposaL The Direccor of Comrnunity Development may approve a comprehensive sign plan that allows deviations from the strict interpretation of spacing, height and area requirements upon a showing of good Ordinance 05-016 Sign n:gul.itions sunendment Page 7 of 12 Draft cause, and provided that there sre no adverse efteets on acijacenl properties. Any conditions imposed ta -secure approvals shall be binding on the Anplicant. : Modifiaations to the approved sign Nlan s}hall rcquire reapplicatinn and approval by the Director. ]f the Applicane and 17irector cannot come to tin agreernent, thc Directur's ciecision may be appealed thrqugh the Hcarinb E:caminer. Section 10.07.09.05 Aesthetic Corridors I. The standards showm on '1"able 7.01 shall apply to parccls acljacent to ehe following designated kiesthetic carridors: a. Applcway tlvenue (beCween I-90 and University Avenue) b. Evergreen Road (between Sprague Avenue and .T.ncfiana Avenue) c. Vlirabeau Pael.-Nvay cl. Indiana Avenue (between E'ines Itoad and F'lora R.oacl) Section 10.47.09,06 Sizn Loc.ition und Front Setbackc 1. Nonument sigos exceeding three (3) feet in height may be located al the property line outsicle any horder easement, prdvided that the requirements of Section 7.06 Clearview Triangles of the Spolcane Valley Uniforni 17evelopment Code gave bccn met.. 2. 1'ole signs with structural supports less thim two (2) feet in width with eopy area placed at a heiQht of seve►n feet or more above gradc may be located at the propert_y line; provided that the requiremcnts of Section 10.07.06 Clearview Trianglcs of the Spokane Valley Uniturm Development C:ode gavc been met. , 3. All temporary signs; except inflatable signs, shall bc loeated not less than tive f'ect from the right-of- way. 4. Inilatable signs shall be set back not less that ten feet from the right-of=way. 5. AJI signs shall meet the vertical and horizontal clearance reyuirements of the clectric utilities. 6. All frcestanding and monument signs shall be Iocated in a landscapecl a.rea. Landscapingshould be appropriately siled to ensure that signs are not bloekecl or nbscured by trecs or bushes. Seclion 10.07.09.07 Sign Arca Cstlculation Illustratitins 1. Sign area for wall signs is equal co 25% of the nvo-dimerisional area of'a building's elcvaCion, excluding eaves and gables.. . 2. 1 he sign area of a freestanding sign consisting of one sign shall be calculat:ed as shown in Figure 7.2 beluw. 'I'he sign area of a freestanding sign consistiiig of more than one (I) sigr► shall be computed by adding together the total area(s) of all sigms as shown in Figure 73 below. 3. Any portion of the sign not necessary for stnacturZl support of the sign or any structural suppnrt greater LPETETS-PO GOLF I than hvo (2) feet in width shall be considered in the determination of the square Fnotage of the sigu. - \ Ordinflncr 05-016 Sign negulations ame«drnent Page 8 irf 12 Draft ~ Figuro 7.1 Border A *------e f . I 1 SIGN I B, B SWN:J Ma~cimum Meight Mawmum Heoght Mtnimum Height Setback . SIC~iN 2 = sz {Y i. • SIGN 3 = B3 Proparly Figuro 7.2 line ProoertV Line Figure 7.3 4. A 10% inercase in sigii area is allowed for dccorative framinD or borders. Area calculation does not include deeorative rocks or Iandscaping adjaeent to a monument sign. 5. Thc sign area for mulCiple-sided signs shall be calculated as follows: a. 'Che total sigm area for a Mca-sided sign shall be calculated using one (l) face, theref.'ore allowino both faces to be of equal siLe (for example a rivo-sided sign has ttivo (2) fac_es with l8 square feet per 0 side, therefnre the sign area is 18 square feet). b. The sigm area f'or a three-sided sign shall be equal to the total amount of sign area a one-sicled or two-sided sign is allowed (for example; in item 3a above, a ttivo-sicled sign is allowed 18 square feet of sign area pcr sicle which equals 36 total square feet. If a thre;e sided sign is used instea(i of a one- sicled or hvo-sidecl sign; the three-sided sign rriay allocate ttie 36 total square feet among three sides, tiherefore al lowing three sides with 12 square feet per facc for a total of 36 square feet of sign area). 6. Irregularly shaped signs may bc; measured in the following ways: - a A T - ~ b .W- _ffZ--V.N_W Or c 2.1:p B a. Conventianal Vieasurement: Total area = a*b b. Sum of Squares: Total area = Area A+Area $+Area C+Arca D i b Ordinancc 05-016 Sign regulations aineridment Page 9 of 12 Draft Section 10.07.09.08 Msinicnance of Signs 1. Any signage that has been approved or that has been issued a pennit shall he maintained by the avAier or person in possession of the property on which the sign is located. vlaintenance sMall be such that the signage continues to conforni to the conditions imposed by the sign perrnit. 2. Any clamaged sign structure shall be repaired within thirty (30) days of nolice. 3. Any signagc which has been damaged to sueh extent that it may pase a hazard to passersby shall be repaired or rernovecl within for[y-eight (48) hours of notice. 4. Any existing sigil that no longer advertises a bona fide business conducted or product sc)Id on the premises, shall be removed by and at the expense of the property owner «<it:hin sixty (60) tlays oF nntice. 5. 'Che copy on a confonning sign diat no longer advertises a bona fide business conducted or product sold on the premises shall be renloved within thirty (30) days of riotice. Se.c[ion 10.07.09.09 Fxistini \ti►nco~nfcirming Signs. A.ny permanent sign made non-conforming as t► result of the adoption of these regulations may be repaired, but not structurally altered nr made more non-conforming in anv way. If the sign is remaved in order to make repairs, it shall be replaced widiin sixty (60) days, or the permi/ is voi(1. "1'hereafter, the sign shall confomi to the requirements of this Section. Notwithstanding odier provisions o1~ this Section, any sigm or signs for which a temporary permit: has bcen issued by the City shall be permitted to re►Tiain at the location or locatinns authorized by the permit for as long as the permit is valid and all the requiremen~S nf the permit have been met. ~ Section 10.07.09.10 I3illbilards (F2eservetl)" Section 2. Itepealer. a) Arl:icle V Section 1030.660 Sitplage Standards Chapter 14.804 et scq. ofChe Spokane Valley Mimicipal Code is hereby repealed; and b) Article II Sectiqn 10.30.060 adop[ing the Spokane County "Loning Code hy reference is hereby amended t4 rencal the Following definitions included in Chapter 14.300 of the Spokane CoLmty Zoning Cade a.s follows: •!-3t~~4etiin-~3e - . ' EhepFatiiises-eii- '-'1EYH#cd-iiitll-wh•16f1-C@!2E":••s r6o tiame ..F tl..~ :l~q : ..t:t,.r:`... =~~:a~.iH•Y"Lf3~'}Oli~ c nr'nii°cT flec-ted-wtali-iE; ~~cd-~eEt~t • efevents, ivtEies- 'i a . , -3it}1•i•El3.F-~tEiSSf}eHSc , 6HFtE,'~.~iOR5-Ei•"11",-.iecrvr~'r.`iiaFcT Hf-e-tF5 . E,l8ot , . , . gfk _ , . erweFds an:aF+edHPe+!-tlje-faeeOF#ftees-o-fi=a-st-~rb"-u . 'sp6y-E•imb- teo+per-atur~e-iivbtic-semite; eoH~iiE" ' -i-p•€~~~~~EC~~- Pi .shirgr:,.,,: n„ ele,.*,.,..,l ,.:Dn of-f9efI:ten-E4i8Fe()~- whir. lit~ht E~r+F~iflr;t-ar strc~de"i►d-tMftsienf-etttib . o (This ElefiRitien iitokide-elerstfen+eak1y- -••--••a--b-- .,.g..,. ,..~aFlS-whFoh-S~l~tfe-1130EtOi3-f;BF+11E►AE~I+~R1-tttfia-Plit>PO5L~5-4~ tliii-d wktic~kt-~aFr~~ac~re-t~~E~.~3-e~ [1/3] egtiie g 4 =sOtare lneidental-Sig : small ' i~~-fetu (,►)_s,....,,-n ~oo+ „a • whieh ~ . ~-r>>>-aFea- ~ . , ffeduets, ser•v3ce , le-en-tiie pFemtset,;- Orctinamcc OS-UIG Sign rcgulations amcndmcnt Page Io of 12 Draft : whet~-443bsd e- ~ J ~r•ertt~ses- 6ew-Intes~hy-I~+gkrt~++~c~b~„~H~~~at~~e~c~e~c~~T-L•k~e-ec}ta+v~~lerA e€eig#t-ht+ned-(899) r~ti~~►~~-~1ot~c~ertFt~trb~c►~-sp€ec~e-a~-nine-+~~sl~~e~aFS-e~ef~osed-Reea-net IH+Ft;+-(30~-~ttai~~pei~es- 9nr rr-otnib . . , e inaluding g 4 tjie , , Sf! . . ~ . ~rrSrf#iid/tlF PerEaWe-&bu4+:.A19"k-n-Wh4C-h-lS-R@t pf! Fmanently . bF'ilng moYG' re* _ • ReadeFbee&d: . ~ st+~~~~3et:s-te-heklowin;- #vqee~* e~a;=eq of: eopy` . Aiiy visual ' H-c4evio2; st:Ftrt+w~ur-ixd:twe _ , es~blish s[ien-irrp~mot•,,,, ti,e s.,io of- pFeduets, , fe-s,-le~e"S, figures, . . -Ritii►lr~a•~-desigr-►s-c-~~~~ fep+-~esent-A-r~FeEEtrc~t; se~ic~e; o~~e~~sle~ad-Er-~~r-Ic~ e• , , slia 4- s'b . eanibie- . , . rty-EEr*t-par4-O~'-t4ie- . ' R"-w4{-b"en-si,dei--ed as pai4 of 'g . This definition . ~tr~cleor-a4u~rtistng disp . . the , W , 1999) ~!-iE{ee-i3eE~~'~ViEle"Na beafdAei~een , o f -F1tSplay-1h$w~g t~etii%e-c~r-er~evfrt~»~et~rrr~rE~te~l-i~~rt,~s-~~ e-anEl-whitErlras- tti#~et`~yrt~a~-tt~ltt~eS-Nj~l~t~e-~sc~r~rrk~ i Alo-99-4•834; cEate<i-N4veH-tb.,~~ t ~r~.~,i 1999) . . a"eE-Fe-K . tr►1diftgEm-w4' o a +ts-erR4re4eRnth-,ml- 'h ' : aici-m&e~ ~t►eaEie--t'HS-ife . , , . , . e+s-shi+44-l":eated-as-a wKa4-sigR- Stetion 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such iovalidity or unconstitutiqnality 5hall not affect the validity or constitutionality nt' any other section, sentence, clause or phrase ofthis ordinance. Section 4. Effective Uate. This prdinancc shall be in full force and effect five days after publication of this Ordinance or a summary thereof oecurs in Che officiiil newspaper of the City as prQVided by law. PASSED by the City Council this day of , 2005. Orclinance 05-016 Sign regulations timendment Page l I of 12 Draft Mayor, Diana Wilhite ATTLsT: Cit}' Clerk, Christine Bainbridge Approvcd as to Form: Deputy City Attorney, Cary Driskell 17ate of Publication: EEFeclive Date: i C)rdinance 05-016 Sigii rcgulations :unendmcnt Pagc 12 of 12 10.30.660 Current Signage Stsndards ^ A.rticlc V. Signage Standards Gorn a public rigfit-of-wly; men;handise dis- ~ 1 plays; point-of-purchasc sdvertising displays, 10.30.660 Signage stancfards. such as pnoduct dispensers; natioilfll [lsgs; The interim zoninb code chapter relating to sib- flags ofa political subdivision; symbolic flsgs nqge stimdards is amentled tts set forth belOw: of an institueion; legal notices required by Isw; barher poles; liistoric site rnunumentsJplaques; Chdpter 14.804 gravestones; structures intended for a separate SICNAGE 5'CANDARDS usc, such as phone booths, cionatioil and reey- (Res. 2-0188, dated February 19, 2002) cling cuntainers; lettering or symbols applied directly onto or E]ush-maunted magnetically tu Section: a motor vehicle operating in che nomial coiuse 14.304.010 Purpose, Intent and Scopc of busuiess. 14,804.020 General Provisious 14.804.030 I7cfinitians 14.804.020 GenerAl Provisions 14.804.040 Exernpl Signs 1. Permit Required: 14.$04.050 Prohibited Signs Auy ou-premises sign shall hereafter be erect- 14.804.060• Sigms Permittecl itt All °Lunes in eci, re-erected, constnieted, painted, posted, ap- CurLuection wich Specific Uses plied or structurally altered in accordance with 14.804.070 Siga Staudards in AD cultural this chapter and pursubnt to a sign Uernut and Resiclenrial Zones (EA, CA, signed off by the Division of Plarining and is- KS, RR- !0, RC, U.R, R-5 through sucd by the Division of Eiuilding and Code En- UR-22) 'Luncs forcement. A sign Permit shall be required for 14.804.0$0 Sigi Stlndards for Business and each group of signs on a singlc supporting Industiial (B-I, Ei-2, 13-3; I-2 and structure installed s'►multaneously. '1'liereaf'ter, 1-3) 7ones each additional sign erected on the structure 14.804.085 Comprchcnsivc Sign Plan Stan- must tiave a separate sii,m permit. The owner of - darcis (Ei-l, B-2, B-3, 1-2 ancl 1-3) a sign shall produce a permil upon requesL ~ "Lon" t3uilding permits shall he requireci as specified 14.$04.090 Freestanding Sign Scsndards for in Title 3 of the Spokanc County Code. .qe.sthetic Corriclors (Res. 2-0315, dsci:ct March 26, 2002) 2. Pennit Applications: 14.804.095 Sign Standards Por the lndustrial A.ll percuit applicatiaru for sigr►s shall include Park. (I-1) Zone a site plan ebat provides the folluwing infornia- 14_804.100 Sign Staaclards for Mining (ML) tion: "Lone 14.804.110 Sign Location and Setback Fi. 7'he locaticm of the affected lot, bttilding(s) 14.804.120 Sign Arca and Calculation and sign(s); 14.804.130 Maintenance of Signs 14.804.140 Noncortfor►ning Signs b. TUe scale of the site plan; I4.804.150 Landscaping for Freestanding anc! Monument Signs c. A drawiug of the proposecl sign or sign revi- 14.804.160 Sign lllurnin.i[ion sion, inctutting size, heighi, copy, structural footin6 details, enethocl of atiaehment ancl illu- 14.804.010 Purpose, Intent and Scopc mination; The purpose ancl intcnt nf this seciion is to pro- mote conunerce, traffic safety ancl communiry d. All existing signs on the site including dieir identity wliile improving the visual environ- size and hr.ighr, ancl nieiit of residi;ntirYl, cqmmerL'ial atlCl IttCIU5tf1AI cICEBS. C. raX narcel number. "I'hi, scction ofthe Code shall not regulitc trat= 3. Subarea Plans: tic und directional signs installed by a guvern- Subarea pllns approved by the Buarc1 of Coun- ; ntental cntity or in a priv:ite parkinS lot; signs ty Cammissioners may includc reyuirements not reruliLble froui nor intcndccl to bc vicwed other thtiri thosc prc>vidccl in this chapter. I 0-64 Spokane Vfllley Municipal Code 10.30.660 14.804.030 Uefinitions 2. Signs that create a safety li92ard fur pccies- The following words and phrases are listed in trian ar vehicular triffic. Chapter 14.300, DefinitionS. 3. FlasLing signs. 13illboard, Bullecin Board, Electric Sign, Elec- cronii:ally C:liliigeable Iviessage Sign, Plashing 4. Fortable sigris exceeding nine (y) squlre Sign, Hreestfiuditig Sigti, Preeway Oriecited fee[. :,~ign, Hig6 lnteosity Illucninltion, Incidcncal Sign, lndividual Business, Low Intensiry 5. All portable rcaderboards. Ligliting, Monumen# Sigri, Mulriple Eiusiness- es, Noncon.forming Sign, On-Preinises Sign, 6. Ali portable electric signs. Portable Sign, Readerhoarct, Roof Sign, $ign, Support Structure(s), Thrcc-Sidcd Sign, 'Cwo- 7. Signs attacheci to or placed on -a vehicle ar Sicled Sign, Video L3oard, VJall Sign. trailcr parkcd on public nr private properly, providcd that this provisipn shall not be con- 14.804A40 I:xcropt Signs s[nied as prot►ibiting the identification of a firiri The followiiig shall not require 1 sign pei-niit, or its product un a vehiele opcratin5 duriug the provicled that [hese exemptions shall not be normal course of businrss. Franchised Uuses construed as relicving the uwncr irom che rc- and ta;cis are exerript fi•om these provisions. sponsibility to comply with the provisions oC this Code or any otlier law or ordinance, in- 8. Roof signs. cludine the Uniform Building Code. 9. Videc) hoards. a. 1'ht,• chauging uf tlie advertising capy ur messaEe on 1 lawfully ereaed sign, retzder- 10. I3illboarcls. , board or similar sign speeifically desip ed for . ' replaccablc cupy. 14.804.060 Signs Pcrmitfed in All 7ones ' in Connection with SPecific Uses ' b. F'aintinS, repaiot:ing or normal iiiainte- 'l'he.fullowing signs may be permitted iu any nance, iinless a structural or electrical change zone, subject tu the limi[atians as provided is made. herein. r_ Temporsry bsnncrs and tcrnporary signs as I. Bulietin Rolyds: permitted herein. 13ullctin aaards m1y be permittecl on tht pre- mises uf public, charitahle or religious institu- d. Real estate signs as permitti:d herein. tions, subject to the follotiving. e. lncidenull signs. a. Sucli sigu shall c;ontain not more than thirty- twu (32) square feet in area on a face and may f. Polir.ical signs. be doilble-faced. o. Bench sions on cuuvty rights-of-way, pra b. Nn part af the sien shall erceed a height of vided approval ha,5 bcen grantcd fur Ioeation six (G) feei above the grouncl. by the Spokane County Engincer. c. The sign, if ]ightcd, shall use Iaw-intensity 14.804.050 Prohibited Signs ligluing. The following signs are proh.ibited in all zones unless otherwise specifically perroitted. d. A thirty-two (32)-square-foot, double-faced sign, no highcr than fourteen (14) feet above 1. Signs which by coloring, shape, wordin5 or grade, is authorizcd for a ptiblic or private location resemhle or conflict wiih traffic con- schuol on prupcny not less than three (3) acres trol signs or devices. in sizc:. 1U-65 10.30.660 2. Temporary Resider►tial Subdivision or Area nearhy residences or institu[ions, 'I'hc temlio- ~ Name Signs: rary use sl}all be restricted tu chirty (30) ciays per quflrter with one thirty (30) day renewal per A temporary real estate sign Hdvcrtising the yuartcr. If the pemiit is reneweci, the thirty (30) prospcctive sale or lease of a group of lots or day period fur the fyllowing quarter is expenci- dwellings within a traci or zparttnent cumplex ed and the sign is nut pcrmitted during that shall be perrnittccl, subject to the following quarter. conditions. b. A se3rchli5ht may be pennitted by die Divi- a. The freestanding sign shall be Ipcated on sion for tcmporary on-premises use only, nnt the Premises being sold or leaseci. excec:ding tcn (lU) days, provided that such displly cioes not have a significant, adverse im- b. The sign shall not cxceed forty (40) square pact on nearby resiciences or institutions. f'eet in area on a face and may bc double-faced. 5. Contraccor, Arehitect, Surveyoror Engineer c. Thc sign shall remain only as long 1s prop- Signs: erry remains unsuld or un-lmseci f'or the first time within the b•act, but not to execcd une (I) Ot1e (1) on-premiscs sign identifying the ycar. 'Che Division may extend t6e one (1) year project, developers, building contractar ancUor time periud upan written raquest by the owri- subcontractors, arcUitect, surveyor and engi- ersJdevelopets of the praject_ nccr rngaged in the constniction inay be pcr- mitted on e propcrey during the period of con- d. The si&m shall be non-illuininated. struction, provided tliat: e. The cop of the sign shall be no higher than a. Location of the sign sh11] be approvecl by ten (10) fest above grade of the loe nr parccl on the Division prior to instbllstion; ~ which the: sign is located. U. The sign shall not exceed forty (40) squarc 3. Pcrmanent Residentia! Subdivision or Ares feet in aren; and Nalnz Signs: c. "Che top ofthe sign shall not exc.eed ten (10) Decorative subdivision orarea nacne signs of.i feet above grade of the lot or pYrcel on wliicli pcrrnanent charscier at the street etiitautce ur the sigii is Iocated. The sign sha]l be removed erurtirices to thc subdivision or area tliat identi- prior to fioal buiidiug inspections. Hawever, fies the uame of thc subclivision or area only, rio such sign shall he maintained for a period in shall he permitted, subject tu thc fnllowing excess oFhvelve (12) months without approval conditions. from the Division. The Uivision may exiend the one (1) yexr timc pcriad upon written re- a. The sign shall consist of decorative builcling yuest of the ownersldevelopers of t6e project. materials with illi.iminaced, indirectly lighted or uon-illttrriinatcd nxme plstes or letters, atld 6. Real Estate Sigii: be located in a maintained landscaped xre:a; and a. Residential/Agrictilriiral use or prnperty - 1'ernporary an-Premises sign(s) advertisino the b. The wall(s) and/or sign(s) shall not crceed sale, lease or rental of the building, property or six (fi) f'eet in height. premises, one (1) per 1'rontagc road. Such sign(s) sklall bc; unlightcd; limited in si7x to five 4. Temporary Banners, flags, I'cnnants, (5) squitrc: feic and lirnited in height to 6ve (S) Searchl ights and [nflatables: f'eet above grade. A thirty-nvo (32) square Coot sign is allowed on bgricultural property of a. A banner, flag, pcnnant, or inl7atable, may twenty (20) ucrc.s or more, with or without a be pennitceci by thc L)ivision for tcmporary on- dwelling on site. ~ premises use only, provic(ed that such display clocs not have a signiticant advcrse iir►pxet un 1 U-66 Spokane Vslley Municipal Code 1 U.3U.6(i0 b. Commerc.inl/lridustrial use or property - a. The followingcategnries ofuses are defined C7ne (1) tempursry ott-preinises sibn advertis- to apply to Signage standard5 provicied in Ta- ing the sale, lzase vr rental of the buildittg, bles 1 snd 2 bclow: property or premiscti. Such sign stiall be un- lighted, limited in size to thirty-rivo (32) square i. Residen[ial/Semi-Public uses incluric a feet and li►uited in height to ten (10) feet above cliurch, public park, multiplc-farnily dwclling, grade. dormitory, fraterniry, sorority; nursing home, retirement apartineut, public building, child c. Open house/directioiial siSu - For (a) and ctay-care Genter, family day-care pruvider, non- (b) above, an open house/directiona) sign(s) profit community hall or lodge, 2nintal clitiic, sliall be allowed on each acccss street (to tlie eemetcry ar sanitxrium. property). Such sign(s) shall not be placed in such a manner as tu interfere with vehicular or ii. SclioollPiiblic uses include a school (1;in- Pcdestrian traff c, slizll be used when thc prup- deroarten through uiiiversity), Mospital, policc erty is actually open for itnmediate inspection; s4ation, fire station, post of6ce or public oalf shall be unligtited, and slia[I be lin.iited in si7e course, iixinerator, solid waste recycling trsns- to five (5) squaee feet and limited in height to fer site, or landfills. du'ee (3) feet nbove brade. iii. Ofl'ice uscs include a business or profes- 7. Flectronic.a]]y Changeiible Message Sign: siou;►1 otfiee. a. Electfonicall}' changeable messa3e signs iv. Commercin] UselOtlher shall includc cum- shall be permitted in Business (8-2 and .13-3) triercia) uscs othcr than those listed in "i" snd lndustrial (1-2 and I-3) zones in accordancc through "iii" above and uthi:r than homc indus- with the standards of Sectinns 14.804_080 try or hqme profession. chroush 14.801.I60 and their dcfinitiUn. - ~ b. On-Yrcmiscs wall sio s are permitted, not ' 14.804.070 Sign Standnrds in Agricul- to exceed tbe tnaxunurn number and size as ~ tural flnd Residential 7one.s (EA, (:.A, RS shown in Table I, VVall signs shall be unlighccd and RR-10, RC, UR, R-5 thrnugh Ufi-22) or have loev-intensity lightirag, aud shtill bi; Sign structure; are permittccl in tht. agricultura] placcd flat against the outside wall of the rnain and residential zoncs in accurtlanee with the building. . folluwing uses aud stanclards: i. Schools(Public I.lses in UR-22 Zones shall l. A nameplate, tivhich inciic.ate3 np rtture tttan be subject to wzill siymage standards as perrnit- the name and adciress of tLe uccupant of tlie ted in all cornmcrc:ial and industrial zones as premises, is perittit[etl, provicted that such sign specifiecl in Section 14.804.080. Sliall not excccd a maximum srea ul' Gve (5) syuxre feet and z maximum heipht of f'our (4) '1'able 1 . feet zbove grade. Wall Signs - Agricultural :+nd Itesidential "Lunes (EA, GA, RS and RR-10, RC, Ult, !Z-5 2, A freestanding or wlll sigii ident+.fying a through IJR-22) cominunity residential facility, famity day- Maxuutiui care hume; child day-care center in a resiclence, Use per Maximum 14.804.070(3) N"mber of Sign A.rez nursery schUol, or siiriilar institution is peiinit- Signs ted, provided that such sign shall no[ exceed a Residencial/ enaxi«xun area of' five (5) syuurc fcct_ a maxi- 1 20 sq. Ft. Semi-Fublic mum height of tour (4) !'Gel BbUVe gY~d~ 8~7c1 is unlighted. SchoolsfFublie Sce Section See Sectiun Use 14.804,080 14.04.080 3. Ferniitted Signs by Use 10-G7 10.30.660 Table 1 14.804.080 Sign Standards for 13usiness a Wall Signs - Agricultural ind Residetitial and Industrial Zones (R-1, 13-2, B-3, 1-2 and 'Lunes (FA, GA, RS and RR-10, RC, UR, R-5 1-3) through UR-22) nny sign, whicb pertains only to the idencitica- tion of a perntitced use in the B-1, }3-2, B-3,1-2 O~cc 32 sq, ft.*~' nt1d 1-3 u,nes and is located entirely on the Convncrcial 20 pro}~erty with the use or business; is permitted, Uses, Other ~ 'y' ft' provided tha[ it complies with the fallowing standards. * Multiplc office complexes shall be allowed ane wall sign per building. 1. Wall Signs - Individual xnd Multiple Busi- An nftice building containing multiple of- vesses fices shall be allowed a 60 sc{. ft. maximuttl VJaII signs are permitted on eac6 wrill of a sign area. building provided the w311 sign cloes not ex- ceect hventy-6ve percent (25°/n) of the total c. On-Premises frecstanding signs are permit- area of the wall vr a maximum arr.x of 250 ted, noe ta exceed the m;iximum number, size, square feet, whiehever nrovides the smaller ar- and height as shown in 1'able 2. On-Premises ea. "False froncs" and mansarcl roofs s6all nat fi-ees[anding signs shall be u.nlightcd or have be included when cfileulating the total area of low-inteusify lighting. the wall. Table 2 2. Ereestandiug Signs (pale or monument dc- I+'reestanding, Signs - Agricultural and sign) -[ndividual Busitless Resiclential Gones (EA, CA, RS and itlt-lU, Qne (1) on-premises freestanding sign is per- RC, UR, R-5 throubh UR-22) mitted. Signs shill not exceed the area .ind Use per IMaxinninilMax,mum Maximum vei~;tlt lirnits 3s provided in Tnble 3. Business- 1~1.8(?4.070(3) I~Iumbcr Sign Are1 Sigu es with multiple fi•or►tsSes may be allowed ad- of Signs HeiSbt ditiunal signage per 14.804.080(5). Residcntial/ Tub1e 3 Seuii-Public ~ ~ f sq. R. 6 feet Standards fur Un-Premises Signs fur Schools/ Individu.il 13usinesses Public I 32.sq. ft,* 15 fccc A4axiinum Max imum Use Area 5 100' Are.a > 100' ti4axunum Qffilce 1 32 sq. ft.* 15 feet 7olie Street Street Height Commcrcial =32 sq. R.* 15 fee[ Frontage Frontage Uses, Otlier B-I 50 50 ft2 20 feet Ei-2J13-3 100 t~Z 200 30 feet s Mlximinn sig.n area may be increaseci to 60 40 $0 E 20 fest sq, ft. for rnonument signs seven (7) feet or less in height. 3. Freestanding Siens (pole or monument de- 4. A4ultiplc Arterials sign) - Multiple Businesses In the event the use or group of tises is adjsccnt to mQre than une arteri3l (including througki a- Ft-eestariding on-premi5es sign(s) Pur multi- and curncr lors), they wil] be alluwed a fTee- p1` htisinesses are perniitted, not to exceed ttie scincling sibn(s) exclusively oricntcd ta the ad- number, area and height limits as provided in ditional arterial(s). The abuve aIlawance shall r1ble 4. be calculated indepeudently, using only the ad- ditional arterial(s) frontage. Howcver, in no in- h. Freest;incling signxgc a!lowed for an iruli- stancc Shall the square foutagc rilluwsnce from vidunJ btisiness ur►der 14.804.080(2) shalJ not one arterial be transf'erreci to the other(s), be combined with the signnge allowed for rnul- ~ ; tiple busittesscs urider 14.804.080(3). I c)-G3 Spokane Vallcy,Vlunicipal Code 10.30.660 c. The minimum Separa[ion between sigcis Shall be 504 1eLt, ss cneasured f.rom the center of thc sion. ~ • AlultipL•: busini:;~. p~c:sl n~ d. CJne (1) of tltie signs allowecl uncter'I'able 4, rnay be increased to a maximum height oCforcy '~10fr ciZns witli rninim"rn iG0' ( (40) feet above grade and ainaxirnum tirea of ~ ';W""A' 250 square feet, providcd the parcel is contigu- 5~• ous wiih Interstste 90 snd the underlying zon- ! °2•-, ing is Communicy t3usiness (B-2) or R.egional _ LT I lis1~}' BUSiileSS (B-3). mohl Tahle 4 T+igurc 2- Example of 111owed sigr►sgc on a Sland9rds for On-Premises Signs for parcel with ciual frontage. A'Iultiplc Rusinesses 4. Incentive to Substinite Height Restrictcd Maxunum Lone Number of Maxicr►um Maximum Monument Sign(s) for Freestancling Sign(s) Signs Area Height a. Monument signs, nut cu exceed sEVen (7) B-1 I 100 ft 20 feet feet in height, may substitute for individual and I per SOU multiple business signs under 14.804.080(2) B-2IB-3 fcct of sU•eet 200 ft2 30 feet and (3) with maximum sign number(s) anci ar- Erontage* ea(s) as provicled i.n Tables 5 and 6. There is no • Iper SUO minimum separation requiremen[ Uetween I-211-3 f'ee4 of'strr.ct 80 fr' 20 feet signs. frontagc. "rable 5 * Ocie (1) freestanding sigr► is permitted on par- Stanrlards for Un-Premises ylonument ~ cels wicb iess than 500'oflineal street frontage. Signs for Inclividual 13usinesses Maximum Zune i~lun~ber of ~axi.mum As rea/Fach Simi ~ A~tuluPlr biesincss ~~crcol Si~' ~i 14-' and 13-; .en::~ 1 B-! I 75 8 . v.•,. . Sr F3-2/13-3 2 90 ft .G~ f. SrnnJ ~~tit1e neinimam . QO .f~RCfRh I-2ir-; 2 9o ft ES Table 6 Standards for On-1'rcmises iVlonurnent i`i maI Signs for Multiple Busincsses Fibure l- Lxample of allowed signagc an 5 Maximum 'Le~nc Nurnbcr of Maximucn p;~rcel wi[h 1,000 feet of f'rc~ititsge. Signy ArealEach Sign B-1 2 75 ft- B.2/B_3 2 per 500 fect of 90 fl2 street froncage'" 2 cr 5(1(l feet of 1-2!]-3 p 90 ft-2 street fronwge* * Two (2) freestancting sigiis are permitted on parr:els with less than 500' ofli_neal street front- age. 10-69 1o.3o.b60 ^ 2. `fhe applicant shall stibmit a sign plan thai indudes tne size, locatiun, height, lighting, N2ulciiiarbusrn-5sFarerccl cunstruction materials and orientutinn of all 8-? ar.d 1.3-3 znius prnposed sigus in additian to any ather itifor- a~o~~,.,~~•~,,,~,~•n fute,vr,•,. mxtion deemed necessauy by the sluff. ut;ng sD jP' xl~ ns 3. The sign plan shall conforin to the fo]]ow- I ing standards: c~ ~ j Q Q ' „n;71-"~t0a_ Signage shall conform to thc standards of Figurc 3-Exflrnplc of ullowed sigiage using scction 14.$04.080; excepi thit a maximum of the incentive for monucnent signs. ~'ee (3) of the allowecl signs uncier ] 4.804.08U may be allowed an increase of 20% in sign 5. Vluluple Arterialti hcight and area over the mlxi.tntim allowed in In the event the use ur group of uses is adjlcent the undcrlying zone_ to more tlian one arterial (including throueb b. T6e cumulative sign area of all sigtts, in- and comer lots), they will be allowed a f.ree- cluding 31 above, shall not exceed the maxi- stancling sign(s) exclusively oriented to the ad- ditional arterial(s). The sbove allowance stiall mum that would be allowed uuder 14.$(?4.0$0. be calculated indepeuclenUy, using anly tlie ad- ditional arteria](s) froutE►ge. Howcver, in no in- c. The maximu.m nurnber uf signs shall not ex- sT:u~cc sh3ll the square footage allowance fi-om the maximim~ that would bc allowed un- one arterial be transfcrn:d to the other(s). der 14.80~1.080. f. Frtrnnra C;,.,. F. i.,.~.,..,.:.,i n~.•4 4. Thc sign plan shall be consistenc with the Planned Industrial Arui M^V ~ V Spoklrie County Comprehensive Flaii and the O PLirpose An industria] parl: or planneci industrial area antl ii~tenc af chis chapter, as deter- may hsve ane eutrance/identiFcaciun man- rninecl by the Directur. ument sign not to exceed 150 ft2 in area and 7 teet in heiglit a~ove erade. 5. Signage shall bc installeci in conCorrnance witb the approved sign plsn and the Division of 14.804.085 Rlndification to Sign Stan- Building and Code Enforcernent shall flag par- clards (B-1, 13-2, B-3, 1-2 and I-3 Zones) eels subject to the sign plan to ensure that fu- Hdr shopping centers, iudustri.il parks, mixed ture signage for pbkLsed dcvclopment is iii corn- use developments; and hotel conference cen- P~iance with the plan, ters; the Director msy bpprovc a comprehen- sive si~n plan d~at deviates frurn lhe pravisions 6. The applicant/owncr(s) shall si~i a binding set forth in sectiou 14.Fi(?4.080 abr~vc, provided agrcemcnt ensuring cornpliunee with the ap- the fallnwing stsndards and condicior~ itre prnved si~n plari. 1'he agreement shall be filcd .ts a dccd rtstric[ion and shall nin with the land met: and shall apply to present as well ns fiiture 1. 1`he developmeot exceeds d:►c fullowino Property owners. mittirruLin square foat floor area requirerr►ents: 7. Modificntions eo the appmved sign plan fl. 250,000 fi2 for a shopping cettter or hot4) shall require reapplication HnJ approval by the confercrice center. , Uirector. b. 250,000 ftz of commerciallindustrial t7uor 14.8(14.(19f1 FreestAnding Sign Standards space fur a mixccl u.u development, for Aesthetic Corridors (Res. 2-0315, datecl March 26, 2002) c. 300,000 tt2 for an industrial park. 1. 'I'he st<<ndards of 14.304.090 shall apply to pzrcels adjacent ro the f'ollowing desigiiaced ~ i aesthetic corriclors: C I U-70 Spokane Valley Municipal Cc.>de 10.30.660 a. Spokane Valley (:uuplet (eascbouud Apple- - -way Avenue segnient onEy) 'fable 8 Standards f~r On-Prcmises ~`lonument b. Eversreen Road (benveen Sprasue Avenue Signs far Multiple Businesses wd Indianl Aveiiue) i'vfaximum Gonc I~lumber of Maximum c. Mir.ibeau 1~u~kway Ana/F.ach Sign Signs d. Ittdiana Avenue (beiween Pines Road and B-1 ? 75 ft Flora Road) B-2/B-3 2 pcr 500' of 9Q RZ street frantage* 2. Wall sigr.is shall be as per Section 2 pcr SOO' of ~ 14.804.070 ur 14.804.080, respective of zon- I- I lf-2l1-3 strcet frc~nt.:Lge* go ~r ing. * 3. rreestandiug sign structtires adjacent to t6e Two (2) monuments arc pcrmitted on parccls with less than 500' of linesl strcet froi~tage. aesttietic corridors shall only be pennitted in accQrdance wi[h [he following uses and stan- 4. Entranee SiF,m for Industrial P1rk or dards: I'IannEd ltidustritsl Area An industrial ~►ai•k or pltinned industrial area a. A!I signs shal! be of m~nument t}~c, not to escced eight (S) fcet in height may hsvc one (1) eniranceJidentifc;atican mon- _ ument sign not to exceecl 150 fr in area antl 7 b. 1ii Agriculcural and ltesidentill Zoi1es (EA, feec in l.ieight above 3rade. GA, TtS, £tR-]0, RC, UR, R.-5 t6rough UR-22), 5. Any business that was l.nwfully esuiblislied one monument sign identifying profe,tisional . office(s) shaU be allo~ved not to exeeed thiny- in accord:~nce ~vith the Spokane ~ounty Zon- ing Codc and had Purchased or httd a duly exe- ~ nvu (32) square fect in area. cuted contraet to urchase si . p gnage along a des- ignate(i aestheiic corridor prior tq May 1, 2001; c. [n Busine;s (13-1, B-2 and 13-3) Zones and lndustri.►1 (1-1, 1-2 and 1-3) Zones rnunume:nc shsll be allowed to apply for a building Pennit signs shall be allowed for individual ancl mu]- for saicl siguage. SaiJ permit shall couform eU ihe signage regulations in place immediately tiple businesses with m~ximum sign numbers pri~r t~ Ivtay l, 2001. and areas as provided in 1'ables 7 anc! 8. 14.804.095 Sign Standards for lndustrial 7'~hIE 7 PArk (1-1) Giine Standards for C)n-Premises Monument I. Two (2) square fcct of sigii, up to arnaxi- Signs fur Individual i3usinesses mum ofone hundred (100) syu5re feet, shall be Maxiinum Maxitnum pzt'initted un the front of'the building Cor every_ 7one Number of Area tinea( foot of buiJding Gontage, or the slinc Sig,tts sigu footage cncompassed within a Gecstand- 13-1 1 75 ft ing sign of the sxmr architecttual srylc as che building, nu highsr than six (6) fcet from B~ 3 2 per S00` 01° 90 ft'` ground level and placed within a lawn c~r total- street frontsge* ]y lltldsceped area_ 2 per 500' of 2 1-1/l-2/l-3 street froi~taee* ~0 ft 2. One (i) sqtiare foot of sign, un to a maxi- mum of fifty (50) squxre feec, shal] be pcrmii- Two (2) monuments are pcrmitted on psrcels ted on the side ur rear of a bttilding for every witti lrss tltsii 500' of liueal street 6-ontaee. lineul foot of buildiiig frontat;e when said sicte or rear is oriented to or faces a public parking area or street or, in the case of a side yarcl of a corner lot, the same sign footage encumpassed I 0-71 1030.660 ^ within a fi'eestanciing sign oE'ihe sarne architee- Thcase portious thFit are an integral paR of the tural style of the buildung, no higher than six sign disptay shall be considered iv the dctemii- (6) feet from ground level and placed within a nation of squarc; foutage allawed. M obvious tawn or totally IandsGaped areti. border cicsigned as an integral part of s sign sliall be calculatcd in thc tatal square footage 3. All wall signs shall bc flat against the huild- allowed. All measuremQnts fur sign height ing nr structure and shall not cxtcnd above the sLatl bc from b4ade to the [opmost part of the tup oPthe wall. Freestand'uig signs shall not ex- sign. ceed six (6) fcct in hcighc. 12. No sign in an Industrial Park sitc shall be 4. One (1) name plate for each tcnsnt accessed constructcd or located as to constinite a nui- by thai entrznce, not exceeding lwo (2) square sance or in any way be detrimenial to invncdi- feei in area, coutaining t6e na►ne and 3clciress of ately adjacent u.5es as determinecl by the Plan- an occupant will be allowed at every exterior ninS 17irectur. Signs will bc allowed in 1ny entrance to a bui]ding. yard, provided thc "elear view triangle" re- quirements in Section 14.810.020(2) xre mei. 5. Unimpruved propcrty shall be penvitted No sign shall be aUowed adjacent to poinLs of one (1) freestanding for sale, leasc, ur rcnt sign ingress or egress as tu obstruct Or impair site not to exceed six (6) feet in beight ancl [hiriy- distances, h*IO (32) SquAiC leel Ol' SUTfacc area. 13. A parking directional sign shall he permit- 6. No sign may encrnach upon, or overhang, ted at each major enirance to a parking lnt, pro- adjacent property ar public right-of-way. vided that such sig,ns shall not exceed six (b) feet in height and fifteen (15) square feet per 7. Painted signs un bLiildiugs, i.nclucling those face, and are lui;atcd within a]snctscaped area. attschecl on or to the surface of windows, arc: ~ prohibilcd. 14.804.100 Sign StandArds for Mining (ViZ) Gone g. All sign illumination sliall be from the inte- My sisn which pertauls only to the icientitica- rior of the sign, providcd that inciirert liglititig tion of a pcrmitted use in the Mining Zone shall he pennitted if the I ight source is not vis- (bi7) aud is located er.ttirety un Che proPerty of iblc from Public rarking, pub[ic road or street. such use is permitted, provided tlist it complies Cxposed riean tubing shall not tre pennitted. with the f<oIlcnving conditions. Tlornial siSn maincenauce shall be permitted, inctuding name change of the finn or compa- I. An individual establishment may have one ny. (1) pemianent freestauding sign not to exceed thirty-two (32) square feet in area. 9. i„ogos or icJcnkiScatinn symbols shall be considercd signs and shall conform to all pro- 2. No sigrn shall project ntore than fiftecn (15) visions ofthis section. feet above grade. 10. No sign visible from a public road or street 3. In che event a use is noncpnforming but shall bc constructed or maintained to flas6, ro- eould be outright permittecl in the F3-2 ancllar tate or in any way simulate motion. Lights that B-3 zones, the Mining "Lone signage requi.re- rescmble traffic sigials are not allowed. rnents will follow 4liose for 8-2/B-3 zunes un- der Section 14.804.080. 11. The square footage of a sign made up- of Icttcrs, words or symbols shall be deterrnincd 14.804.110 Sign Locatior► and Sethack from the outside edge of the fi•aine itseli'. The L All signs shall be locatcd so that they: square fuotage of a sign cutnposed of Unly let- tcrs, wurds ur symbuls sh.ill hc detcrmined a. Do nut interfere with vehicular or pedestri- ~ from imsginary stmight linc,ti drawn from high an <<cccssibility or sight clistnnce; ~JJ point to high puint around the entire copy or broupinb uf such Ictters, words or symbuls. I 0-72 Spokanc Valley Municipal Code 10.30.660 b, Cnitfqrni to thc pruvisions of Section i'ootage ofthe sign, n Iq% increase in sign area ~ 14.810.020(2), tMe clear view triangic; is 311owed Fur decortttive liaming nr borders. ~ Area calculation does uot incluclc deeorative c. Do nc►t overhang nr be locflted in 1ny public rocks or landscaping acljacent to a monument right-of=wsy; snd sign. d. Cumply with any resrrictions of the Feclcral Aviacion Administration (FA.A) and Airpori _ OvcrlBy (AO) Zo~e. r i i.71. V 11 ~ 2. All sigiis shall be located .►nci set back as ~ follaws: a. Any portion af a sign (ineluding structuril supporw) that is higher Lhan thrt;e (3) feet and less than scverti (7) feet above grade shall be lo- cated n minimum of ten (10) feet back Gom l+igure S 1ny public right-of=w3y, unless it cari be dern- onstrated that the loc.ation ot' 9 structural sup- ,a part or manumcnt sien will not create an ad- ~ vene impact with reeard to siSUt distance af S1=C:N , vehicles eutering and exiting the sitc_ ~ ~;•--~--u 3 b. Stnictural supports less than cwo (2) feet in ~ tiICN'~ ; t .vidth, measured at auy puint ou the suPporc, " ------t_ 71- and tlu'ee (3) to seven (7) feet above aC'3(IC, shall be exemptcd Erom (a) ebove. . H'igure 6 ` . 14.804.12U Sign Area and Calculation l. Sign area for wall signs is cyual to the mes- 3. 'fhe sign area for mul4iple-sided,signs sha[) sage area of a sign; including grapbics, letters, bc ealculated ati follows= tigures; symbuls, trademarks or written copy as shown in Figure 4. a. The totsl sigci ;irea for a two-sided sign shall ' be calculated usiilg one (1) face, therefore al- lowing buth f.►ces tu t+e of cqual size (for exam- r--,~~1 , ,..,.L"S~ F=' C~ ~~le a nvo-sided siSii hes two (2) laccs with 18 L TZ~~i. ~,t. square feet per side, therefore the Sign an:ti is 18 square feec). ~ b. The sign srea for a tllrec-sided sign shall be I_ equal io the total amount of siSn area a onc-sid- ed or twu-sided sign is aElowed (f'or example, Figure 4 in item 3a above, a two-sicicd sign is allowed 18 square feet of sign area per side which 2. The sign 3rea of s treestandine sign consist- equals 36 tatal square f'eet. If a tlu-c;e-sidcd sign ing of one sign shxll be calc:ulated as shown iia is used instead of a une-sided ar two-sided Fieure 5 belqw. The sign arca of a Creestanding sigu, the tliree-sided sign may allocate the 36 sign consistine of more than one (1) sign shal I rotal square feet amung thrce sides, cherefore be computed by adding together thc total ar- alluwing thri:e sidcs with 12 sqtj3re feet per ea(s) of all signs as shown in Figurc 6 bclow. face for a total of 36 syuare feet of sigu arcil). A.ny portion of the sign nut ncer.sssry Fur struc- tural suPpprt of t}Ee sign or any structtu•a] sup- 14.$04.130 n7ainteoance of"Signs port gmater than rwu (2) feec in widtb shall Ue 1. Aiiy sisnage ihat 1}as bei.n approvecl or that . considercd in thc detercniuacion of the square lias been issued a peretlit shall bc maintained by 10-73 10.35.010 the owner or person in possession uf the prop- ~ erty on wbich the sign is lncated. Ntauttenancc sliall be such that the signage cantinucs to con- form to the conditions imposect by the sign per- mit. 2. Any ttamaged sigu base shall bc repaired within sixry (60) days. 3. Any signage wtuch has been damaged to such extent that it may posc a ha7ard to pass- ersby shall bc rePairecl or removcd immcdiate- ly. 14.804.140 NoncunCprmingSigns Noncoiiformiilg signs (those that were percna- nen[ly installed and legally erected piior to the adontian of this Code), shall bc alfowed to con- cinuc in use so loag as ihey are continuously inaintained, are nnt relocated, and are noc stnicttirally altered or mude more nonconform- ing in any way. Sigus over 40 yesn old ihat are clsssified x.s historically sigtli6canc by the his- toric preservaciun ofticer shall not be consid- ered as nooconforming signs. f \ 14.804.150 Lanciscaping fur Hreestand- J ing and Nlonument Signs All Ereestandinf, and monument signs sliall be located in a lancLSCrped area. Landscaping should be appropriately sited to ensiire that signs are not blocked or ubscured by trees or bushes. 14.804.160 Sign Illumination Externally illumiuated signs shall have low in- tensity lighting, confined to thc sign, and pasi- tianed and s6ielded to mi►iimire imp;icts tq the surrouncling area(s). Intcrnally illurninatccl signs shall have low iotensity lightivg. (Ord. 04-008 § 1, 2004). ~ ~ I 0-74 tFlS 6 ~~ne ,;,oOValley 11707 E Sprague Ave Sulte 106 0 Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.t00B ♦ cityhat4spokanevalley.org Memorandum Date: April 28, 2005 To: City Council Through: Dave Merc+er, City Manager From: Neil Kersten, Public Wortcs Director Re: Sprague Avenue Business Service Signs As requested t have reviewed tfie ~6 standards in regard to the Sprague Avenue business service signs located on Appleway. There are approximately 22 total signs each with space for six business logos. To the left is a picture . of a typical sign. OF& M : aaNK. ~ ' ~ M. AIL Each sign has space for six logo panets which is the maximum number of panels allow by the Manual on Uniform Traffic Control Devices - Miliennium Edition (MUTCD M.E.). A copy of part 2F-21 pages 1-9 are attached for your reference. Each logo panel is approximately 24 inches in width and 12 inches in heighG The MUTCD M.E. atlows logo panels to be a maximum of 24 inches in width and 18 inches in height. Both of these requirements are ouUined in Section 2F.04. The MUTCD contains the standards for traffic control devices that regulate, wam, and guide road users along highways, oounly roads, and city streets. The MUTCD M.E. is the cument adopted version of the MUTCD legal for use in Washington State. WSDOT adopied the June 14, 2001 version of the MUTCD M.E. on January 9, 2003. The MUTCD M.E. and the Washington State modificatans shall be used for the installation and maintenance of traff~c control devices. There are some other issues regarding the existing signs that may not meet the above standards. They are as follows: • Sedion 2F.01 Eli ibili - The attraction service shall only include facilities whECh have the primary purpose of providing amusement, historical, cultural, or leisure activities. Some of the signs do not appear to compiy with this section. • Section 2F.02 Application - Servioe signs shall display the message GAS, FOOD, LODGING, CAMPING, or ATTRACTION. The existing signs display the words SPAGUE AVENUE BUSINESS. • Sane of the signs appear to be to ciose to the intersections Under Section 2F.09 the guidance document recommends that signs be 300 feet in advance of the intersection The onfy change allowed to the existing signs under the standard would be ta increase the height of the logo from 12 inches to 18 inches. However, as noted above, other aspects of the signs may be non-confioRning. The current signs attempt to mimic signs required by MUTCD. They are difficult to read and have a tendency to blend into the background abng the street Because tfiere are minimal changes that . could occur under the above standards and possible otfier non-confoRning ~ issues, a better solution may be to consider creating a section within the _ sign ordinanoe specficalty for Sprague business directianal signs on Appleway. As an example, to the right is a City directional si9n from Bend. Ore9on that would fall under this type ordinance. - This would allow the City to develop a directional sign standard specific tor the Sprague Avenue businesses and a signing policy that addresses the use of - 1` the signs. ' - ~ f7ecc:mbcr 2000 Page 2F-I CHAPTER 2F SPECIFIC SERVICE SIGIVS Scx:tion 2F.01 Eli ibili Stanclard: Specific Service signs shall be defined as guide signs that providc road users with business iclentification ancl clirectional information for services and for eligible attractions. Guidance: The use of Specific Servicc sisns should be limited to areas primarily rural in character ar ta areas where adequate sign spacing can bc maintained. Option: Where an engineering study deterrnines a need, Snecific Service siglis may be used on any class of highways. Cuidance: Specific $ervice signs should not be installed at an interchange where fhe road user - aannot canveniently reenter the freeway ar expressway and continue in the same dircction of travel. Standard: Eligible service fscilities shall comply with ltiws concerning Ihe provisions of public accommodakions without regard t4 racc, rcligion, color, age, sex, or national origin, and Iaws concerning the licensing and approval of service facilitics. The attraction services shKll include nnly frcilities which have the primary purposQ of prnviding amusemcnt, historical, cultural, or leisure activitiGS to the public. Guidance: 17istances to eligible services shoulci not exceed 5 km (3 mi) in either direction. Qption: If, within the 5 km (3 rni) limit, facililies for the scrviccs being considered are not available or chaose nat to participate in the probran, the limit of eligihility may bc extended in 5 I:m (3 rni) increments until one or more facililies for ttie service..s bcing considered chooses to participate, or until 25 km (15 mi) is reachecl, whichever cames first. sML aiJ.oi Page 2H-2 December 2000 . Guidance: _ J If State or local agencies elect to provide Specif c Servicc signing, there should be a statewide policy for such signing and criteria for the availability of the various types of services. The criteria should consider the foliowing: A. To qualify for a GAS logo panel, a business should have: 1. Vehicle services including gas anci/or alterciative fuels, oil, and water; 2. Modern sanilary facilities and drinking water; 3. Continuous operation at lea.tit 16 hours per clay, 7 days per week for freeways and expressways, and continuous operation at least 12 hours per day, 7 days per week Por conventional roads; and 4. Public telephone. B. To qualify for a FOOD logo panel, a business should have: 1. Licensing or approval, where requireci; 2. Continuous aperatiuns to serve thrce meals per day, at least 6 days per week; 3. Public telephone; and 4. Mocieen sanitary facilities. C. To quslify for a LODGING logo panel, a busincss should have: 1. L,icensing or approval, where required; 2. Adequate sleeping accommodations; . 3. Public telePhont; and 4. Modern sanitary facilities. D. To qualify for a CAMPINC logo panel, x business should bave: 1. Lieensing or approval, wherc required; 2. A.dequate parking accommodations; and 3. Modern sanitary facilities and drinking water. sea zW.o1 ' Dcccmber 2000 Page 2F-3 ~ E. 'To qualify for an ATTRACTION logo panel, a facility should have: 1. Regianal significance; and 2. Adequacc parking acc;ommodations. Section 2F.02 AQ_aliciktinn Standard: The number of Specific Service signs along an approach to an interchange or intcrsection, regardless uf thc: number of servicc type.s displayed, shall be limited to a niaximum of fi►ur. in the direction of traffic, successive Specific Service signs shall be for attraction, camping, loclging, food, and Kas services, in that order. A Specific Scrvicc sign shall display the word message GAS, FQQll, I..OnG1NG, CAW'I.NC:; or ATTRAC'1'ION, an apprc►priate directional legend such as the word message EX1T XX, NEXT R1VHT, SECOND RIGI3T, or directional arrnws, and the related logu sign panels. Nu more than thece types of services shall be represented on any sign or sign assembfy. If three types of services are shown on ane sign, then the logo panels shall be limited to two Cor each service (for a total of six logo pancls). Thc lcgend xnd logu pxnels applictiblc to a scrvice type shttll hc displayed such that the road user will not a.csociate them with another service type on thc sfime sign. No service type shall appear on more than une sign. Tlle signs shall have a blue bftckgruund, a white border, and white Iegends of upper-eitse Ictten, numben, and arruws. Guidance: The Specific Servicc signs should be located to take advantage of natural tcrriin, to have the least impact on the scenic environment, and to avoid visual conflict with other signs within the highway right-of=way. Option: GI1S, HOOU, L.UDGTNG, anci CAMI'ING signs may be used on any cla.ss nf highway. General Scrvice signs (see Sectiuns 2D.44 and 2E.51) may bc used iri conjunctian with Specific Service signs for eligible types of services that are not represented by a Specific Service sign. Support: f~ Typical Specific Scrvicc signs are shown in Figurc 217-1. Typical sign Iocations are shown in Figure 2F-2. secL zF,oI to zr.oa Page 2F-4 Dwember 2000 Figure 2F-1. Typical Specific Service Signs „ . ■ ■ ' ~ . ■ ■ ~ . ■ SINGLE-EXIT INTERGHAfVGE SINGLE-EXIT INTERCHANCE (ONE SERVICE) (TWO SERVICES) • Exit number option (see Section 2F07) - . ~ ~ . . . ~ i Fm ,ME ol INTERSECTION Note: Directional arroavs and distance may bo used Evhen appropriate DOUBLE-EXI7 INTERCHANGE ■ ■ ~ ~ ~ ~ ■ LOGO I'AiJEL RAMP , s«a. zr.o2 December 2000 pAge 2F-5 Figure 2F-2. Typical Specific Service Slgn Locations ~ 'Specflfc service ramp signs (as needed) Spacing sNould be at least 30 m(10d ti) from the exot gore s7gn, from oach other, The Iravel dfstance lo be and from ihe ramp termin.al. shavn on siyns shoulrJ bo measured from this point / . o , 1 FOQq' ' It a loop is to be signed, O LODGIMG the travsl cAstance to be CAMPIPlG shovm on signs should be Travel distance tor measured irom here sign prforiry shoulcl / aAvays ba measured i trom this po8nt / / ~ ~ OR ' . ■ . ~ 56 ■ . ~ ~ . 240 rn ~ OA (8001t) Al IN. . ■ . . ■ . i Tm (800 ft) ~ l.11N, oR a~ 240 m . . . . ■ . (SOOIiI ~ . - - ~ ulN. ~ , , 56 Y 240 m OR Metropolis jt00 fq Utople AIIN. I ~ 249 rn . . . (800(1) IdIN. 1 ~ / SecL 2F.02 Pase 2F-6 Qecembcr 2040 Section 2F.U3 Lc►gos and X.c►go Panelrt Standard: A logo shall be either an identification symboUtrademark or a word message. Eacb logo shall be placed on a separate !c►go panel which shall be attached to the SpeciGc Service sign. Symbols ar trademarks used alone for a logo shall be reprodaced in the colors and general shape consistent with customary use, and any integral legend shall be in pruportionate si•r.e. A logo that resembles an officyal . traffic control devicE shall not bc used. Guidanc;e: A word message logo, not using a symbol or trademark, shpuld havc a blue bac:kground with white lcgend and border. Option: Where business iclcntification symbols or trademarks are u.sed alone for a logo, the border rnay be omittccl fmm the logo panel. A portion at the bottam of a GAS logo panel may bc used to display the Icgcnd.s for alternative fuels (sce Sectaon 2H.51) available at the facility. A porliun at the bottom of aF0017 ` f logo panel may be usea to display the word CLQSED anci the day of the week when the facility is closed. Section 2F.04 n`umber and Size of LoQos and Signs Guidance: Sigr► sizes should be determined by the amount and height of legend and the number and size of lngo panels attacheti to the sign. All logu panels on a sign should be the same size. Standard: Each Specific Service sign or sign assembly shall be limited to no more than six logo pancls. There sba11 be no more khan four logo panels for one of the two service types ou the same sign or sign assembly. Suppart: Section 21R08 contlins information reganiing Spacific Servicc signs foe double-exit interehangcs. sCCc 2r_03 m aF.oa Uecember 2000 Page 2F-7 Stanclard: rach logo panel attached to a Specific Service sign shall have a rectangular shapc with a width longer than the height. A logo panel on signs for freeways and exPressways shall not exceed lSUO mm (60 in) in width and 900 mm (36 in) in height. A logo panel on signs for conventional roads and ramps shall not exceeil 600 mm (24 in) in width and 450 mm (18 in) in hcight. The vertical and horvontal spacing between logo panels shall not exceed 200 mm (8 in) and 300 mm (12 in), respcctivcly. Support: Sections 2A.15, 2E.14, and 2E.15 contain information regLtrding borders, interlinc spacing, and edge spt3cing. Sectinn 2F.05 Size uf Letterin Standard: All letters and numerals on Specific Service signs, except on tlie logo panels, shall be a minimum Iieight of 250 mm (10 in) for signs on frccways ancl exprc..~tiways, and 150 mm (6 in) for signs on conventional roads and ramps. . ~ . C_juidance: Any legcncl on a symbolftradernark should be proPortional te the size ot` the symhol/trademark. Section 2F:06 Signg at Tnterchanees Standard: The Specific Scrvice signs shull be installed beriveen the previous interchange and at least 240 m(23l;1(1 ft) in advance of the Exit Diret:tion sign at the interchange from which the services are availahle (see Figurc 2F-2). Guidance: There should be at lcast a 240 m(800 ft) spacing between the Specific Service signs, except far Specific Service ramp signs. However, excessivE spacing is not desirable. Specific Service ramp signs should be spaced at least 30 m(100 ft) from the exit gore sign, trom cach other, and from the ramp terminal. ~ i Sacc 2f.04 ro 2r.06 F'age 2F-8 Uecember 2000 Secbon 2F.07 SingI,~.~-Exit Intcrchanpes Standard: At singlc-exit interchanges, the name of the service type followed by the exit number shall be displayed nn one line above the logo panels. At unnumbered interchanges, the directioual legend NEXT RiC.FiT (LEFT) shall be used. At single-exit 'rnterchanges, Specific Service ramp signs shall be instulled along the ramp or at the ramp terminal for facilities that have lago panels displayed along the main roadway if the facilides are not readily visible from the ramp terminal. Directions to the servicc facilities shaU be indicated by arrows on the ramp signs. Lugo pauels on Specific Scrvice ramp signs shall be duplicates of those displayed on the Specific Servicc signs located in advance of the interchange, but shall be reduced in size. Guidance: Specifie Service ramp signs sbould include distances to the scrvice facilities. Qption: \ An exit number plaque (see Seclion 2E.28) may he uscd insteacl of the cxit number on the ` signs locatecl in advance of an interchvige. The reduceci sixe logo panels and signs also may be installed along the cros.smad. Section 2R08 Double-Cxit Tnterchangeti . Guidance: At double-exit interchanges, the Specific Service sigs should cnnsist of ttvo sections, one for each exit (see Figure 2F-1). Standard: At a double-exit interchange, the top section shall display the logo panels for the Srst cxit and the bc►ttom secdnn shall display the logo panels for the second egit. The name c►f the service type and the exit number shall bc d3splayed above the logo panels in eACh sectinn. At unnumbered interchanges, the word message NEXT RIGHT (LL'T+"T) and SECOND RIGHT (LEF'1) shall be used in place of the exrt number. The number of logo panels on the sign (total of both sections) or the sign assembly shall be limited to siz. r ~ Sccl 2F.07 to 2F.09 t)ecember 2000 1'age 2F-9 ~ Option: At a double-exit intcrchangc, wticrc a scrvicc is to be signed for only ane exit, one section of the Specific Scrvice sign may be omitted, or a single exit interchange sign may be used. Signs on ramps and crossroads as described in Secdon 217.07 may be used at a double-exii interchange. Section 2F.U9 Signs at I.otersections Standiird: Where hoth tourist-oricnted infurmation (Chapter 2G) and specific service information would be needed at the samc intersectiun, the design of tne tourist- uriented directional signs shall be used, and the needed specific service information shall bc incorpurated. Guidanc.e: lf Specific Service signs are used on conventional roads or at intersections on expressways, they should be installed bettiveen the previous intcrchange or intersection and al least 90 m(300 ft) in advance of the inlersectian from which the services are avai lahle. I"he sPacing between signs should be determined on the basis of an engineering study. Logo panels should not be displayed for a typc of service for which a yualified facilicy is rE;aclily visible. Stiinclard: If Specific Service signs are usecl on conventional roads or at intersections on expressways, the name of cac6 typc of service shall be clisplayed above i~S logo panel(s), together with an appropriate legend such as NEXT R7GiiT (LFF°T) or a directional arrow on the same linc. Qption: ]f Specific Service signs are usecl on conventional rusds or at intersections on expressways, the NEhT RI(iH'C (LEF"i`) or othcr applicahle directional legend or acrion message may be displayed below instead nf above the logo paricls. Signs similar to Srccific Service ramp signs as described in Section 2h.07 may be provided on the crossroaci. scc,. 217.0e w 2r.09 CITY OF SPOKANE VALLEY `J Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business public hearing ❑ information ❑ admin. report X pending legislation AGENDA ITEM TITLE : Proposed Amendments to the 2005 Budget GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our budget when we believe we will exceed our appropriations. PREVIOUS COUNCIL ACTION TAKEN: The C'rty budget for 2005 was adopted in November of 2004. At the February 2005 retreat the city council directed staff to prepare amendments to the 2005 budget for additional personnel and programs needed to complete the 2005 budget year. The city council discussed these amendments to the 2005 budget on April 12. The Finance Committee of the city council met on April 18, 2005 to review these amendments. The city council conducted the first reading of this ordinance at the April 26, council meeting. BACKGROUND: Amendments to the 2005 budget are needed to: 1.) update the budget for programs and projects carried ovec from 2004 into 2005; 2.) reflect the addition of employees to maintain service levels; 3.) transfer funds for use in street maintenance and capital projects; 4.) reserve funds to maintain operating service levels, to set aside monies for civic buildings and to prepare for extraordinary weather conditions; 5.) update the 2005 budget for changes in capital projectslprograms and 6.)fully appropriate unrestricted reserves in each fund to streamline balancinglaccounting efforts. A more detailed listing of the proposed budget amendments is attached as exhibit A. OPTIONS: Options include amending the budget, amending the budget for some of the changes and making no amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: A motion to conduct the second reading, and pass the ordinance is recommended. BUDGET/FINANCIAL IMPACTS: Passage of this ordinance will provide the budget authorization to move ahead with these programs and projects. i STAFF CONTACT: Ken Thompson, Finance Director Draft CTTY OF SPOKANE VALLGY SPOKAN-E COiINTl', WASHJNGTON ORDINANCE V`O. 05-018 AN QRDINANCE OF THC C1TY OF SPOKANE VALLFY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDLNANCF Np. 044)44 !'ASSEll BY'1'HE CITY COUNCIL 0N NOVEMBER 9, 2004 A.IVD ENTITLEll "AN ORDINANCE OF THE CITY OF SPOKAN'E VALI..FY, WASHIIVCTUN AUOpTiNG A BUDGET FOR TkiF PFR10D nF,IAYUARY l, 2005 TH1tOIJGH DECEMBER 31, 2005 APPROFWATING FUNUS ANll ES`I'ABLISHING SALATtY SCHEDULES FOR ESTABLISHED POSITTONS." WHY+:TZEAS, subsequent to the adoption of the annual budget, it has become necessary to make changes by adcJing ncw rcvenue, appropriations, amendments and transferring funds in order to properly pcrform various City functions, services and activities; WHEREAS, che budget changes set forth in this Ordinance could not have been reasonably anticipatecl or known when t}ie annual budget was passed by the City Cnuncil; and WH~"T2EAS, the City Cotinc;il has clctermincd khat the best interests of the City are served by amending the adoptecl budget to reflcet all revenue and fund balances and apprapriating same a,s set forth hercin. NOW THEREF(7RE, '1'he City Council of the City of Spok<<ne Vttlley, Washi.ngton dn nrdain as follows: SecHon 1. Amended 12evenues. Tlie $udget for the twelve months encling December 31, 2005, ancl each item, revenue, appropriation, ancl tunci_are hcrcby arnended a.s sho,%vn in Exhibit A and as fvllows. A. General Nund Unrestricted Fund Balance is increased by $3,480,900 representing ca.rryover fund balance from 2004. 2005 Btiilding perrnit fees are increased $600,000 and Sales Tim receipts are increased $800,000 for a total increase in fund revenucs of $4,880,900. AppmpriationS are increased as shown in Exhibit A. B. Street Funci revenues are increased wiCh transfcrs from the General Fund in the amount of $2,000,000. Appropriatians are increased for street operations as shown in Exhibit A. C. Street Capital Projccts Fund revenucs are incrcased hy $3,329,300 evilh a transfer from the General F'und, developer contributions and grant revenues. Appmpriations are increascd as shoNvn in Exhibit A. D. Capital Grants rund revenues are incrcased by $1,183,000 from grants for specific street projects. Appropriations are increased by the same amount in Exhibit A. E. Barker Briclge Funcl revenues are increased $116,000 by grant income. Appropriations are i►icreased by a like amount as shown in rxhibit A. F. 1'arks Capital lmproveinent Fund is hereby created for the purpose of making capital improvements to parks and to purchase ttndlor (ease land for public parks. Revenues result from a transfer from the General fund in the amount of $550,000. Appropriaeions are authorizecl in the same amount as showm in Exhibit A. G. Service Level Stabilizalion Reserve FLmd is hereby c;reated with a revenue transfer from the Gencral Fund in lhe anount of $1;000,000. Appropriations are authorized as showm in Exhibit A as needed to maintain city service levels. H. Winter Weather Reserve Fund is hereby created with a transfer from the General Fund in the ~amount of $500,000. Appropriations are authorized as shown in E.chibit A for costs relating to street maintenance including, but not limited to santiing, snow plowing and deicing. 1. Centerplaee 4perating Reserve Fund is hereby createtl with a transfcr from the General Fund in the amount of $300,000. Appropriations are authorizcd as shown in Exhibit A for unexpected oper~al:ing costs associated with Centerplace at Mirabeau PAint. Cjrdinlnce 05-01 S Amending 2005 Budhet Page 1 of 3 Draft J. A Civic Building Fund is hereby created for the purposes oP purchasin1;/leasing land, buildings alid constructing capital improvements for civie purposes. Rcvenues for 2005 will come from a Gencral Hund transfer in lhe amount of $500,000. Appropriations are authoriied as shown in EYhibit r1 for capital improvements relating to civic buildings. ' Rh VENUES: FUND FUND BEG. REVENUE ENDING NUMBER NAME & FUND BAL. AMENDiIAENTS REVENUES 001 GENERAL $ 29,009,515 $ 4,880,900 $ 33,890,415 101 STREET $ 3,803,158 $ 2,000,000 5 5,803,158 102 ARTERIAL ST. $ 1,086,003 $ - $ 1,086,003 103 TRAILSIPATHS $ 17,900 $ - $ 17,900 105 HOTEUMO7EL $ 437,827 $ - $ 437,827 204 DEBT SERVICE $ . 582,835 $ - $ 582,835 301 CAPITAL PROJ. $ 2,105,904 $ - $ 2,105,904 302 SPEC. CaP. PRJ $ 1,912,457 $ - S 1,912,457 303 STREET CAP PRJ $ 933,030 $ 3,329,300 $ 4,262,330 304 MIRABEAU PT $ 3,000,000 $ - $ 3,000,000 305 STREET BOND PRJ $ 406,000 $ - $ 406,000 306 CQM DEV BLK GRNT $ - $ - $ - 307 CAP. GRAN7S $ 3,827,000 $ 1,183,000 $ 5,010,000 308 BARKER 13RDGE FED $ 234,000 $ 116,000 S 350,000 309 PARKS CAP. PRJ $ - $ 550,000 $ 550,000 310 CIVIC BUILDING S - $ 500,000 $ 500,000 120 CENTERPLACE OP. $ - $ 300,000 $ 300,000 121 SERVICE LEV. STAB $ - $ 1,000,000 $ 1,000,000 122 WINTER WEATHER $ - $ 500,000 $ 500,000 902 STORMWA7ER $ 2,061,026 $ - S 2,061,026 501 EQUIP REPL & FtES $ 272,892 S - $ 272,892 502 RISK MGMT S 140,828 $ - $ 140,828 , TOTALS $ 49J830,375 $ 14,359,200 $ 64,189,575 Section 2, rxpendittires ALipropriated. To appropriate the amcndments fi-om the above cstimatcd revenues and beginning unrestrictecf fund balances fnr each separate fund, the espenditure appropriations for the period January 1 through Deceniber 31, 2005 are amended as sel fqrth below. LXPI`iDITU RF3S/APPROPK1Ar1'TpNS: FUND FUND 2065 ORIG TOTl1L NUM6ER NRME APPROI'RIATIQNS APAENDMENTS APPROPRIATIONS 001 GEPdERAL $ 28,608,168 $ 5,382,250 5 33,890,415 101 STREET $ 3,318,088 $ 2,485,092 S 5,603,158 102 ARTERIAL ST. $ ' 856,400 $ 229,643 $ 1,086,003 103 TRAllSlPATHS $ - $ 17,9d0 $ 97,900 105 HOTEIJNIOI'EL S 300,000 5 137,627 $ 437,827 204 DEBT SERVICE S 582,835 $ - $ 582,835 301 CAPI7AL PROJ_ $ 332,545 S 1,773,359 S 2,105,944 302 SPEC. GAP. I'RJ $ 205,145 $ 1,707,312 $ 1,912,457 303 S7RFET CAP PRJ $ 933,000 $ 3,329,330 S 4,282,330 304 DAIRABEl1U PT $ 3,000,000 $ • $ 3,000,000 305 STREE7130ND PRJ $ 406,000 $ - $ 406,000 30$ COM DEV BLK GRNT S - $ - $ - 307 CAP. GRANTS S 3,827,000 S 1,183,000 $ 5,010,000 308 BARKER BRDGE FED S • 234,000 $ 116,000 $ 354,000 369 PARKS CAP. PRJ $ - $ 550,000 $ 554,000 310 CIVIC BUILDING $ - $ 500,000 S 500,00 120 CEiJTERPLACE OP. $ - $ 300,000 S 340,000 121 SERV{CE LEV. STAB $ - $ 1,000,000 S 1,000,000 122 WINTER VNF-ATWER $ - $ 500,000 $ 500,000 ' 402 STORPhWATER $ 1,312,521 $ 748,505 $ 2,061,026 501 EQUIP REPI 8 RES $ 51,451 $ 221,841 $ 272,892 502 RISK PAGA4T $ 134,450 S 6,378 $ 140.828 TO7Al.S S 44,001,178 $ 20,188,397 $ 64,189,575 Ordinancc 05-018 A.mending 2005 Budget Pagc 2 af 3 T)raft Section 3. Incrca.se in Positions. '1`he City of Spokane Valley's full time equivalent nositions are hercby iocreased from 52.2 to 613. ~ Section 4. Severabilitv. lf any secrion, sentence, clause or phrase of this Ordinance should bc held to be invalicl nr unconstihrtional by a court of eompetent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any ather section, sentence, clause or phrtise of this drdinance_ Seetion 5. Effec;tive Date. '1'his Urdinanec shall be in ftill force and effect five (5) days after publication pf this Qrdinanec or a summary lhereof in the official newspaper ot'thc City as provided by Iaw. Passed by the Cicy Council this day of , 2005. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk A1''1'f20VED A$'I'0 HOE2M: Cary P. Tariskcll, Dcputy City Attorney Date of Publication: Effective Date: ; . , . OrJinancc 05-01 ft Amending 2005 9udget Page 3 of 3 CITY OF SPOKANE VALLEY ' AMENDMENTS TO 2005 BUDGET EXPENDITURES MAY 10, 2005 EXHIBIT A 2005 BUDGET DESCRIPTION FUND AMENDMT Source of Funding GENERAL FUND: 001 Transpo Group - Ponderosa PUD review 2004 carryover $ 5,000 Unrestricted Fd Bal. Spokane Reg. Wastewater Alliance 2004 carryover $ 14,500 Unrestricted Fd Bal. Mirabeau Park Bridge Improvements 2004 carryover $ 27,000 Unrestricted Fd Bal. Staffing: Authorized at retreat/council mtgs 001 $ 587,750 Unrestricted Fd Bal. Transfer to Street Fund for Operations 001 $ 2,000,000 Unrestricted Fd Bal. Transfer to Capital Projects Fund 001 $ 1,150,000 Sales tax/Bldg fees 7ransfer to Service Level Stabilization 001 $ 400,000 Saleslbldg/unrestrictd Transfer to Winter Weather Reserve 001 $ 500,000 Unrestricted Fd Bal. 7ransfer to Civic Building Fund 001 $ 500,000 Unrestricted Fd Bal. Police Mobile Computers 001 $ 198,000 Crim Just. Sales Tax General Fund Total $ 5,382,250 STREE7 FUND: Level of service analysis intersections 101 $ 50,000 General Fund Transfer 'Street operating costs 101 $ 2,435,092 General Fund Transfer Total . $ 2,485,092 ARTERIAL ST. FUND: *Improvements to arterials 102 S 229,603 Unrestricted Fd Bal. YRAILS & PATHS: 'Improvements to ped./bicycle trails 103 $ 17,900 Unrestricted Fd Bal. HOTEUMOTEL FUND: `Tourism promotion 105 $ 137,827 Unrestricted Fd Bal. CAPITAL PROJECTS FUND: "Capital projects-REET1 301 $ 1,773,359 Unrestricted Fd Bal. SPEC. CAPITAL PROJECTS FUND: 'Capital improvements - REET2 302 $ 1,707,312 Unrestricted Fd Bal. STREET CAPITAL PROJECTS: 16th Ave-proj 2, Dishman/Mica 2004 carryover 303 $ 151,000 General Fund Transfer Evergreen, 16th to 2nd 2004 carryover 303 $ 20,000 General Fund Transfer Carnahan 2004 carryover 303 $ 148,300 General Fund Transfer South Greenacres 2004 carryover 303 $ 23,000 General Fund Transfer PineslMansfield ($1,101,000 less $28,000) 303 $ 1,073,030 Developer contribution Barker Rd Reconstruction ($3.028 less $1.114 mil) 303 $ 1,914,000 Grant Street Capital Total $ 3,329,330 CAPITAL GRANTS FUND: Valley Corridor environ grant 307 $ 200,000 Fed. Grant Appleway ($513,000 less $216,000) 307 $ 297,000 Fed. Grant Dishman/Mica ($176,000 less $41,000) 307 $ 135,000 Fed. Grant Argonne grant awarded for this 2003 project 307 $ 317,000 Fed. Grant Valley Gorridor - Project 2 (if environ work done) 307 $ 234,000 Fed. Grant Cap. Grants Total $ 1,183,000 Barker Rd Bridge ($350,000 less $234,000) 308 $ 116,000 Fed. Grant PARKS CAPITAL PROJECTS: Improvements, land acquisition 309 $ 550,000 General Fund Transfer CIVIC BUILDING FUND 310 $ 500,000 General Fund Transfer CENTERPIACE OPERATING RESERVE 311 $ 300,000 General Fund Transf. SERVICE LEVEL STABILIZATION 312 $ 1,000,000 General Fund Transf_ WINTER WEATHER RESERVE 313 $ 500,000 General Fund Transf. STORMWATER FUND: "`Stormwater facilitiesfimprovements 402 $ 748,505 Unrestricted Fd Bal. EQUIP. RENTAURESERVE FUND: -'I `Equip - vehicles, copiers 501 $ 221,841 Unrestricted Fd Bal. RISK MGMT FUND: 'Insurance costs 502 $ 6,378 Unrestricted Fd Bal. Total $ 20,188,397 'To fully appropriate unrestricted fund balance f ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ consent N old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legista6on AGENDA ITEM TiTLE: Motion Consideration: Authorization of Permit Specialist FTE GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: April 5, 2005 Study Session BACKGROUND: Staff has been reviewing the commercial development permit process, with the intent of improving reliability, consistency and efficiency. The proc,ess spans three divisions (building, engineering and planning) within two City Departments (Community Development and Public Works). We started with the building permit application process. Once we finish, we'll look at the land use functions as well as the construction and inspection processes. This is a work in progress, but initial evaluation has identified a need for better internal coordination of the permit applications. This would allow for earlier identification of additional and/or conflicting needs, which in tum will help development customers reach a conclusion on their permit applications. ~ Staff is recommending the addition of 1.0 FTE Permit Specialist, and designating one of the Permit Specialists as a lead to fill the interdepartmental coordination function of the Commercial Development applications. At the April 5 meeting, there was Council consensus to include the budget appropriation for this position in the Budget Amendment, which will be considered at the May 10 meeting. Our next update to Council on this project is scheduled for June 7, 2005. OPTIONS: 1) Authorize the addition of 1.0 FTE Permit Specialist; 2) Maintain the status quo RECOMMENDED ACTION OR MOTION: Move to approve the authorization of 1.0 FTE Permit Specialist. BUDGETlFINANCIAL IMPACTS: Estimated impact comes to about $38,000. There are additional start-up costs for the new position, including computer and furnishings. Sufficient funding has been included in the proposed budget amendment. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-10-05 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing ❑ information ❑ admin, report ❑ pending legislation AGENDA ITEM TITLE : City/County Park Facility Cooperative Use Pilot Project GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: April 26, 2005 Council meeting - Memo/lnformation only BACKGROUND: The parks and recreation departments for the City of Spokane Valley and Spokane County have identified a"pilotL project for joint facility use. In this scenario, the County would utilize the City-owned softball fields for softball leagues. In exchange, the City would use Camp Caro for summer recreation programs. This is proposed as a"no cost° exchange of facilities use. Other park facilities, such as picnic shelters, may also be shared. There are four softball fields in the City (Brown's, Terrace View, Valley Mission, and Edgecliff parks). The County has requested use of the fields for summer and fall softball leagues. The Parks and Recreation Department would request use of Camp Caro for basically the same "season° (May - October) but not necessarily for the same amount of time. ~ ~ In Resolution 04-011, the City Council adopted a fee of $25 for the first hour and $15 for each additional hour. The County fee structure for Camp Caro is $150 per day for adult use and $50 per day for non-profit youth. The fees indicated above provide a rough gauge of the value. There is some lost opportunity to the public for informal use of the fields. However, the county softball program does serve the citizens of Spokane Valley. In 2003 and 2004, the City allowed use of the fields at no charge and the County performed their own maintenance, separate from the City contract. Staff proposes a written letter of agreement with the County for the cooperative use of the above two facilities for the 2005 season. Relative use, problems, benefits, etc. will be tracked and evaluated at the end of the season. OPTIONS: Approve or disapprove. If disapproved, each entity would have the option of paying the established fees. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or his designee to negotiate and execute a letter of agreement with Spokane County for cooperative use of park and recreation facilities. BUDGETlFINANCIAL IMPACTS: There is no direct expenditure impact. Cost of field preparation is included in Senske contract at a fixed rate. STAFF CONTACT: Mike Jackson, Parics and Recreation Director ATTACHMENTS ~ J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 10, 2005 Ciry Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business E] public hearing ❑ information X admin, report ❑ pending legislation AGENDA ITEM TITLE: Helmet Safety Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Received power point presentation from Spokane Regional Health District on issues relating to helmet safety. Powerpoint and discussion by staff with Council June 29, 2004. BACKGROUND: The Spokane Regional Health District provided the Council with information on bicycle helmet safery last summer, including a proposed ordinance for the Council to consider. At the request of Council, staff analyzed the proposed ordinance and discussed it with the Council on June 29, 2004. Based on that discussion, the Council declined to consider the ordinance in its then-existing form, and requested that the District address concems raised by City staff about the proposed ordinancs. Those concems were fonwarded to the District. The District asserts that this draft ordinance addresses those concerns. A representative(s) of the District will answer questions about the newly revised proposed ordinance. The infraction levels and charges are as follows: Class 1 - $250 plus costs = $513 Class 2 - $125/257 • Class 3 - $50/103 Class 4 - $25J52 OPTIONS: Request more information from staff/SRHD; put proposed ordinance on first reading. RECOMMENDED ACTION OR MOTION: NA BUDGETlFINANCIAL IMPACTS: None at this time. STAFF CONTACT: Michelle Wolkey, Attomey for SRHD; Cary Driskell, Deputy City Attorney/ Cal Walker, Police Chief. ATTACHMENTS: Draft helmet safety ordinance drafted and proposed by SRHD D.Rf1FT l1i C1TY OF SPOKANE VALLE Y SPOKANECQiJNTY, WASATNGTON ORDINANCE NO. US- AN U1tllTNANCE 0~+~' °l'IiE Cl'1'Y OF Sl'OKAiYY: VALLEY, SPUKAx\E COUNTY, R'ASHINGTON, REQUTRJNG THE USE OF PROTECTNE HELMETS WHEN R.in1NG a BTCYCi..F, SKATFiiOA.Rn OR SCOOTFR OR USING SKATES WITHIN THI+a CITY ()F SP()KANr VALLFY. WH.rR.FaS, thc City Couiicil desires to makc finclings re;ardi.ng lhc use of a protective helmet when riding bicycles, skateboards or scooters or using skates within t}ie city limits; and WHEREAS, there is current.ly no state or local regulation requiring the use of a protective helrnet when riding bicycles; skateboards or scooters or using skates within the city limits; and Wt-l:EItEAS, failure to wear a pratective helmet when riding bicyclGS, skateboards or scooters or using skates creates a risk of serious injury to opemtors; and W1-1EIZEAS, requiring the use of a protective helmet when riding bicycles, skateboards or scooters or using skates would increase the health, safety and welfare of the citizens of Spakane Valley. NOW THEREFORE, /he City Council of the City of Spokane Valley; Washington, do orclain as fol lows: Section 1. Intent. The Cit:y of Spokane Valley c3eclitres that requiring the use of protective helmets when riding bicycles, skateboards, scooters or using skates is necessiuy to protect the health, safety, ancl welfare of the public. Therefore, the intent of this ordinancc is to promoCe the safe operation of bicycles, skateboards, scooters and skates in orcler to proteet the health; safety, and welfare af the public. Seetinn 2. New eode provisions requiring the use of protective helmcts. There is established the following new Section under Title 7 of iht CiCy of Spokane Valley Municipal Codc: Chapter 7.40. iJse of Protective Helmets. 7.40.1)1(1 nefinitions. The following definitions are applicable in this chapter unless the eontc,xt otherwise requires: A. "Approved Protective I-Ielmet" means ahead cavering designed foe safety th.iC meets or exceeds the requi.red saFety stiindards adopted b_y the U.S. Consumer Product Safet_y Commissio❑ (CE'SC) 15 USCS 6004, or 7_,-00.4 sel by the American National Standards Institute (ANSI) the Snell Fotindation, the American Society for Testing anci Ivlaterials (ASTVI), or such subsequent nationally recognized standards for hel.met performance as may be aclopted by dhe City of Spoaane Valley. '1'hc helinct sFiall be wrorn on the head and equippetl with a neck or chin sTrap that shAll bc sccurely fastenecl under the chin while the user is riding the bicycle, skatcboard; or scooter or wcaring the skates. B. "13icycle" mcans cvery device Uropelled solely by human power while a person or persons are riding, having two tandem wheels eidicr of whieh is at least clcven inches in diameter, or three whecls, any one nf which is more dian twenty inches in diametcr. Within tliis Drnfi Flelmet Ordin:uicc, %v/sch proposed verbiAge 13age l of 4 DRAFT chapter, the term "bicycle" shall include any attached trailers, side cars, and/or othee device being towed by a bicycle. C. "Electric-assistecl bicyclc" means a bicycle with two or three whcels, a saddle, fully operative pedals for human pronulsion and an electric motor. D. "Guardian" means aparent, legal guardian or other person cighteeri years of age or older who is responsiblc for the safety and welfare of a person under the age of sixteen years. E.. "Person" includes t:hosc individuals who are tive (5) yeztrs of age nr older. 1z. "1'ublic area" means Eaublic road«<ays, sidewalks, bicycle pat:hs, parks, or any right-of- way, publicly-owned facility, or publicly-owned properry within the Ciry. G. "Scooter" means every deviec with a plafform having t«<o or more wheels bEneath il ancl a balancing hancl post or steering device, whiCh the ricler balances on top ot; and which is propelled solely by human E3ower. H. "Skates" includes in-line skates, roller skates, skate shoes and any other footweai- tliat has nvo or mnre wheels attaclied beneath. L "SkatebnarcJ" means cvery device with a platform having h.vo or more sets of wheels beneakh it, which the rider balances on top of, and which is propellecl sole:ly by human power. 7.40.1120 Use Reqairemcnts. `l'he rer,uiremcnts regarding the use of appr4vccl protcctive ~ Ilelmets are set forth below: ' A. Any person riding a bicycle, skateboard, scooter or usinb skates, incluciing any passenger thereon and/or person being toeved t:hcreby, on an1' public area in the city shal) wear an aprroved bicycle heLmeC on tNieir head, and shall have either the neck nr chin stTap of the helmet fastened securely under their chin. B. \'o person sh<<II transport anot}ier person on or tow another persoil on a bicycle, skaCeboard, scooter or skates upon iuiy public ama in lhc juriscliecion of lhc city unless che passen~er is wearing an approved protective helmet on their head. C. A guartiian is responsible fqr requiring that a person under the age of sixteen year:~ who is under the guardian's care wears an approved prolective helmeC on their head, the neck or chin strap of whieh is Faslened securely under their chin, wfiile riding a bicycle, skateboard, scooter or using skates in the guardian's presence. 7.40.030 Special rvent ilse Requireme.nts. `fhe requirements applicable to persons or entities managing special events are set forth below: A. Any person or entity managing a snecial event involving thc usc of bicyclcs, skateboards, seootcrs or skatc,s, which will take place in whole or in part in any public Area in the city, shall ineluc:le the following statement in all pmrnntional ►natcrials: A!l purticipurtts are required to tivear annroved Protective hebnets. Participtrirts tivilhau[ upprvved protective hebrtets will he exchided. ' Ch;ift Helmct Qrdinance, w/sch proposeci vcrbiage Piige 2 of 4 T)R.AFT ~ B. Aiiy persori or entity managing a special evenl invalving the use of bicycles, skateboards, scooters or skates, whic;h will uike place in whnle or in part in any public area in the city, shall requirc that all participants wear approvcd protectivc helmets on lheir heads, nnd exclude any participant who does not wear an anprovcd protective hclmct while ricfin~ a bicycle, skateboard, scooter or using skates while in the presence of the event manager or its employees. 7.40.040 Renting, i.,easing, c►r Allowins Test ..Rides. This section seis forth the requirements appliaablc to persons renting, leasing, or allowing tast riclcs of bicycles, skateboards, sr.ooters or skates. A. Any persan engagecl in Yhe business of renting; leasing, or allnwing test rides of bicycles, skateboiircls, scooters or skates Por use in any public area of lhe city shi►11 supply the person(s) rcnxing, leasing or test driving the devicc with an approved protective helmet, unless the ricter establishes that he or she has their own helmet by showing the helmet to the business representafive. B. Any written rental, lease or test ride agreement shall include die following statement: City of S12okane Yalley local nrdinrnrce reyuires that approved protective 6rebnetc be prvperly wnrrr by nersnns ridrng bicycles, skateboard,s, scnoter.s or usirrg .rkates. 7.40.050 Selling HelmetY. Any person in the business of selling lielmets shall not sell or off'er to sell acry helmet t}iat is not an appmved protective hclmct. 7.40A60 1'cnalties. The penalties for violation of this chapter are as follows: A. Any person sixteen years of age or older violating any provision of this chapter shall be cteemeci to have eom. milted a elass three civil infiaction. lf a violation has been deter►nined to have bEen committecl, the violator shaII pay the penalty, along widi court costs and fees. B. For the purpose of this section, the Spokane Valley Police Uepartment is the person authorized to enforce the provisions of this Chapter. C. The nrocedures fAr the issuance of aNotice of Infraction, hearings, assessment and payment of monetary penfiltits shall bc in accordance with the pravisions of I). Any person between the flges of fivc (5) snd fifteen (15) years of age violating any provision of this chapter may he provided ectucatinnal instruction on die need for and availability of approved protective helmets. E. Information about the need fior approved protective helmets; safe helmet use, traffic safety eclueatian ttnd helmet safety programs are available at the City of Spokane Valley Police Department and Spoka.ne ftegional hlealth District. Secdon 3. Severabilitv. If any section, sentcnce, clause, phrase, or word of this ardinance shoulci be held to be invalicl or unconstitutional by a couR of competent jtuisdietion, such invalidity or uiicoiistitutionality shall nut afTect the validity or constitutionality of any other section; sentence, clause, ph.rase, or woric of Chis ordinance. Draft Hclmet Ordinance, Wsc.h pmposed verisiage Page 3 of 4 nRArT Section 4. Effective Uatc. This Orcli.nance shall be in full foece ancl cffect five (5) days after ~the date of publication of this Ordinance or a summary thEreof in the off cial newspaper of the City_ . ' PASSED by thc City Council tlhis day of , 2005. Mayor, T)iana Wilhite ATTLST: City Clerk, Christine i3ainbridge 1Jeputy City Atforncy, Cary F'. fUriskell Uate of Publication Effective Dat:e: ~ ~ J Dra1t 1•lehnet Ottlinance, w/sch proposed verbiage 1'ttgc 4 of 4 CITY OF SPOKANE VALLEY L..~ Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: ❑ oonsent ❑ old business new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Initiative/referendum by cities in Washington. GOVERNING LEGISLATION: RCW 35A,11.080, RCW 35.17.240-.360. PREVIOUS COUNCIL ACTION TAKEN: Presentation by legal staff in January, 2005. BACKGROUND: The City Council previously requested information on the exercise of referendum and initiative power in cities. Legal staff provided a memorandum drafted by former Legal Intern Joshua Leonard that explained the legal the basis for the po+nrers, how they are initiated, and limitations on the exercise of the authority. These materials are being provided again to Council as an update. Since the memorandum was originally provided to Council, staff has done additional research into whether the powers of initiative and referendum must be linked such that if one is adopted, both are adopted. Staff originally stated that they are linked. Staff now understands the two powers may not necessarily be linked, that it is arguably an open question. This is based on new information from MIRSC. If the City were to adopt one power, and not the other, an interested party may challenge the action in Superior Court. The resuiting court decision would be the first of its kind in Washington on this issue. OPTIONS: 1. Instruct staff to draft an ordinance adopting initiative AND referendum authority; 2. Instruct staff to draft an ordinance adopting either initiative OR referendum authority; 3. Do nothing. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS:. STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Memorandum regarding initiative and referendum. ` T h e P owe rs of I n itiative & Referendum C~ What are the Powers of Initiative & Referendum? These powers represent an attempt to enlarge the legislative decision-making role of the general electorate. In Washington, the two powers are linked so that any municipality that adopts the power of initiative also adopts the power of referendum (and vice-versa). 1 The Difference Between Initiative & Referendum: The power of initiative is used to propose NEW legislation. The power of referendum is used to REVIEW legislation already approved by the city's legislative body. ~ ~ INITIATIVE • Begins with the filing of a petition consisting of a specified number of signatures. • If the number of valid signatures is deemed sufficient, the proposed ordinance must either be adopted by the city council or be submitted to the entire electorate of the municipality for a vote. • Only ordinances may be adopted by initiative. The initiative power is not available to adopt resolutions or motions. , ,.2 REFERENDUM • The referendum process formally begins with the filing of a petition containing a specified number of signatures of registered voters. • The petition must be filed prior to the effective date of the challenged ordinance (the effective date must be at least 30 days after passage). • If the number of signatures is deemed sufficient, the effectiveness of the challenged ordinance until either (1) the ordinance is repealed by the city council, or (2) the ordinance is submitted to the voters of the city for approval or rejection. • The power of referendum is only applicable to ordinances. Resolutions, motions, and other council actions are not subject to referendum. ~ : Initiative & Referendum Sufficiency of Petition: • RCW 35A.11.100 • The petition must be signed by registered voters in the city equal to fifteen percent (15%) of the total number of names of persons listed as registered voters within the city on the of the last preceding city general election. • last preceding city general election = November 2003 general election registered voters in the City of Spokane Valley. • J_ valid signatures are required for a petition to be deemed sufficient. ~ 3 / Statutory Authority Counties • Only home-rule counties that have adopted charters (King, Whatcom, Pierce, Snohomish, & Clallam counties) have the powers of initiative and referendum (if their respective charters include some provision for the powers). Cities • The powers of initiative & referendum are not automatically included in the powers granted to a first-class city or a non- charter code city_ State enabling legislation must authorize the grant of these powers. • A city may provide for the exercise of the powers by its citizens, if authorized by enabling legislation. • Commission cities 8 towns automatically have the powers of initiative & referendum included in their enabling statutes. ~ Limitations on the Exercise of Referendum Power The statute that grants the power of referendum to code cities includes a list of types of ordinances that are not subject to the exercise of referendum power. . , , 4 J Ordinances that are Statutorily Exempt from Referendum The following types of ordinances are exempt from referendum, and thus are not subject to the thirty-day waiting period for ordinances: • Ordinances initiated by petition; • Emergency ordinances; • Ordinances providing for local improvement districts; • Ordinances appropriating money; • Ordinances providing for (or approving) rollective bargaining; • Ordinances providing for the compensation of or working conditions of city employees; and • Ordinances authorizing or repealing the levy of taxes. Limitations on the Use of Initiative & Referendum • Washington courts have recognized additional limitations on the use of initiative & referendum powers. • 2 tests are used to determine whether an ordinance is beyond the scope of "direct legislation" by the people in the form of initiative or referendum. , 5 Test #1 • Whether the underlying action is legislative or administrative in nature. • If the action is administrative, it is NOT subject to exercise of the powers of initiative or referendum. - Actions taken on subjects of a"temporary & special character" are usually regarded as administrative acts. - If the action merely pursues an existing policy or plan, the action is likely administrative. • If the action is leqislative, it MAY BE subiect to exercise of the powers of initiative or referendum. - Actions of a'permanent 8 general character" are usually determined to be legislative acts. - If the action prescribes a new policy or plan, the action is likely legislative. J Test #2 • Whether the authority for a particular action was granted by the legislature to the city council or the electorate as a whole (a.k.a., the "Grant of Authority" test). • If the authority to undertake a particular action was granted specifically to the city council, the powers of initiative and referendum are unavailable. • If the authority to perform an action was to the corporate entity (namely the electorate as a whole), exercise of the powers of initiative and referendum may be authorized. _ i 6 ~ Arguments in Favor of the Powers of Initiative & Referendum • Initiative & referendum represent "direct democracy" at its most fundamental level. • Initiative & referendum powers: - neutralize special interest groups, - curtail corruption, - provide a means for civic education, and - put pressure on public officials to act in the public interest. ~ . ~ Arguments Against the Powers of Initiative & Referendum • The powers of initiative & referendum undercut representative government by removing lawmaking authority from the hands of elected officials. • Initiatives and referendums result in unworkable laws, because they reduce complex issues to a "yes or no" vote by voters who may not be as well- informed on the intricacies of the particular issue at hand as those elected to represent the public as legislators. • The powers or initiative & referendum result in crudely drafted laws that have not been subjected to the usual compromise-effecting process of "give- and-take" legislative enactment that is the trademark of representative democracy. l ,7 S p 61kane a~Va11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 569.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallpspokanevalley.org Memorandum To: Cary Driskell, Deputy City Attorney; Dave Mercier, City Manager From: Joshua Leonard, Legal Intem CC: Date: December 27, 2004 Re: Initiative and referendum. :I:. WHAT ARE THE POWERS UF IMTIATIVF ANll :It:EFERENDUM? These powers represen.t an attempt to enlarge the legislative decision-making role of the general electorate. The easiest way to differentiate behveen thc powers of initiative and refcrendum is lhac lhe p4wer of initiative is used to propose new lcgislation, and the power of reFerendurn is used to review legislation already approved by the city's IegislaUve body. In Washington, the lwo powers axe linked so that aiiy municipality lhat adopts the power of initiative als4 adopis the Pnwer of referendum (and vicc-versa). A. Initiative The power of inilialive (as it applies to mtuiicipalitics) is the power of the vnters of a city to dircctly initiate and enacl legislation. The process begins with the filing of a petition cUneaining a specified nuinber of signatures ihat proposeS an ordinance for adoption by the municipality. If the number of signatures is cleemed suffcient, the proposcd ordinance must either be adopted by the city council or submitted to the entire electorate of the mun.icipality for a vote. Only orclinances may be adopted by initiative. T'he initiative power is not available ta adopt resolutipns or mofions. B. Referenclum The power of referendum in a inunicipality is the righl oF the cikizens to have an ordinance that has been passed by the city council submilted to the votcrs for their approval or rejectioii. The process bcgins with the filing of a petition writh a required number of signahires of ~ registered voters prior lo the efYective date of the ordinance' which must be at least 30 daY s after i 1 passage. If the number of signatures is deemed sufficient, the effectiveness of the ordinance is suspended until either it is repealeci by the city council or it is submitted to the voters of the city ~ for approval or rejection in an election. 'I'hc power of referendum is only applicablc to ordinances. Resolutions, motions, and other council actions arc not subject to rcfercndum. U. STATUTORY AUTHORI.TX The powers of initiative and referendum are not automatically includcd in the powers granteci to a (irst-class city or a non-charter code city by statute. The state legislature must grant these powers in the enabling legislalion pf a firsl-class cicy or a non-charter cocle c:ity. Cities and to~Nqis .v7th the commission form of government, which are rare (Shelton being the only Washington city with the commission form of governmcnt), automatically have the powers oi' initiativc and refcreiidum included in their enabling statutes. Only home-rule counties that have adopted charters (King, Whatcom, Pierce, Snohomish, and Clallam counties) have the powers of initiative and referenduin (if tlieir respective charters include some Provision for the powers). Spolcane County, whieh does not have a eharter, does not have the p4wers of initiative and referendwn. A. Authorizing the Exercise of the Powers of Initiative & Referendum Tlie Revised Code of Washingtnn (RCV) is the source of initiative and refercndum powers given to first class citics; code cities that have formally aciopte.d the powers, a.nd cities with the commissiou form of govenunent. For a non-charter codc city; RCW 35A.11.080 authorizes the exercise of the powers 4t' initiative and referendum, i_f the city elects to provide for the exercise of those powers in the manner provided IIl E7.CW 35A.02.020, 35A.02.025, and 35A.02.030. . B. Exercising the Powcrs of loitiaHve & 1'teferenduin The method prescribcd by sialute for exercising the Powers of iniliative and referendum is as fol(ows: Fxcept a5 pravided in RCW 35A.11.090, ancl except thal the number of registered voters needed to sign a petition for initiative or referendtun shall be fiftecn percent of the total number of names of persons listed as registered voters %<<itlun the city on the day of the last precedi.ng city general election, the powcrs of initiative and referendum in noncharter code cities shall bc exercised in the manner set forth for the commission form of gavernment in RCW 35.17.240 through 35.17.360, as now or hereafter amended. i 2 ~ RCW 35A..11.100. I'hc number of registered voters within Spokane Valley on the day of the "last preceding city general election" (which was held in Novcmber 2003 1) was . 1'hus, in orcier lo iniliate the considcration of a legislative reso.lution by the gencral electorate, or in ordcr to refer an already enacted ordinance to a vote by the general electorate, thc valici signatures of Spokane Valley registered voters on a petition would be required. 'I'he provisions and requirements of RCW 35.17.240 - 35.17.360, ancl RCW 35A.01.040(4) are discussed below. a 1. RCW 35.17.240 Once a petition for rcfercndum has been filed (and is found sufficient); the legislative body oF the municipal_ity is required to reconsidcr the ordinance subject to referendum. Upon reconsidering the nrdinance, the legislativc body ha.s two options: First, the legislative body can def~eat the ordinance subject to referendum in its entirety; or secnnd, the legislative bociy can submit the orciinance subject tn referendum to a votc of the people. The operation of an ordinancc subjcct to referencium must be suspended until either the rcfcrendum petitinn is 1'ound insufficient, or die ordinancc subject lo referendum is upheld by a majority of vates cast in tlte rcferendum eleciion. 2. RCW 35.17.250 1 he renuircments thal apply to initiative petitions (e.g., the character, fomi, number of signatures required, the examination and certification process, and the submission to a popular votc of the ordinanc;e proposed by the initiative petition) are alsa applicable to rcfcrcndum pctitions, and to lhe orclinances challenged by referendiun petitions. 3. RCV1V 35.17.260 Ordinances may be initiated (or challenged by refcrendtun) by petition of registerccl voters of thc city. Pursuant lo RCW 35A.11.100, thE pctition must be signed by registered voters in the city equal to fifteen percent of the total number of naines of persons listed as registered voters within the city nn the day of ttie last preceding city general election. Fram this poinl, the process Por a re.f'erenduan petition found to be sufficienC is eontaineci in KCW 35.17.240, ' Aacordin5 to MRSC, the "last preceding ciry general election" for purposes of RCW 35A.11. 100 would be the November 2003 election, as city elections occur in odd-numbered years (see 12CW 29A.04.330). lt likely does not matter that the eity ciid nat xetually have aii election on that date; what is important for puiposes of the statwe is that r~ this is the date it would have liad an election if it had ineorporatecf earlier than March 2004, and that this is the date ~ certain from wliich the base number of regis/ered vtiters is determined. ~ RCW 35A.01.040(4) replaced R.CW 35.17.280 with regard to code citics. 3 discussed above. If an initiative petikinn is fnund sufficient, and i f il contains a request that, unless passed by the legislative bocly of the city, the ordinance be submitted to a vote of the / registered voters of the city, the legislative bady has two options: First, the legislative body can pass the proposeci ordinance without alteration within twenfy day5 after the county auditor's cercif cate of suffliciency was rcceived; or sccond, the legislative body can cause a special election to bc hcld on the next election date (as provided in RCW 29.13.020) thal occurs no sooner than forty-f ve days after the election is called, for submission of the proposed ordinance, without alleration, lo a votc of the people. However, if a generAl electioii will occur within ninety days, submission of the proposcd ordinancc must be made on the general election ballot, precluciing the need for a spccial election. 4. RCW 35.17.270 A petitioner preparing an initiative Petition for submission tq the legislative bod}° of a city must follnw the prpcedures pf RCW 35.21.005, or RCW 35A.01.040 for cUde cities. 5. 12CW 35A.01.040(4)3 Within three days of the f luig of a petition, the officer with 'whom the pctition is filcd shall transmit the petition to the county auditor. The officer whose duty it is to detErmine the ✓ sufficiency of the petition (ttie county auditor) shall proceed to make such a dctermination evith reasonable prouiptness. The county auditor is requireci tq file a cerlif`icate reflecting the petitipn's "temiinal dAte" with the officer who iiutially received the filed petition. The "terminal datc" is the datc an which the clelerminalion of sufficiency was begun. Adclitional pages of one or more signatures may be added to the petilion by t5ling with the appropriate filing ofhcer prior to the tennination date. My sigr►er of a filcd petition may withdraw his or her si,,nature b_y a written request For withdrawal filed with the receiving officer prior to the ternunal date. 6. RCW 35.17.290 If the pekition is deemed insuFlit;ienl by the county auditor, nr if the legislative body of the ciiy refuses to act on a sufficicnt pctition as required by statute; any taxpayer may conunence an action in the superior court against the city lo obtain a decree vrdering an election to be held in the city, if the court finds the petition to be sufficient. . 7. RCW 35.17.300 , 3 Sec Note 2, abovc. 4 As to the form of an elcction under the powers Af initiative and referendum, publication of notice, the election, thc canvass of the returns, and the declaration of the results are to be conducted in the same way as are other city elections. My number of proposed orciinances c>r rcferendum items may be voted upon at the same election, but nnly ane speeial election for the purpose of exercising lhe powers of initiative and referendum may be called during any one six- month period. 8. xcw 35.17.31.0 The cit}, clerk is required to cause thE ord'uiance or propvsition lhat is to be submitted to the voters at an election to be published once in eACh of the daily newspapers in the city. 7'his publication is in addition to the notice required by RCW 29A.36.080. 9. RCW 35.17.330 If the majority of votcs cast in an initiative election favor the proposcd ordinancc, thc orciinanec bccomes effective immediately and is made a part of the city's record of ordinances. If the majority of votes cast in a refercndtun election are against repealing the ordinance referred to the general electorate for a votc, the ordinance becomes effective (pursuant to RCW 35.17.240). 10. RCW 3537.340 Upon the adoption of an ordinance initiated by petition; or the approval of an ordinance subjcct to referendum (pursuant to RCW 35.17.240), the city clerk shall write on the margin of the rccord "ordinance by petiCioti No or "ordinance by vote of the people." Such an ordinance catuiot be repealed or amended except by a vote of the people. The legislative body nf a city may, hnwever, propose an amEndmcnt by resolution, and cause the prop4sed amenclment to bc put to a votc of the people. 11. A Note on the Sufficiency of Petitioris Beforc a petition can initiate the direct consideration of new legislation by the people, or in order to require already enacted legislacian to be referrcd to a vote of tJte people, the county auditor must deern a petition to be sufficient. RCW 35A.01.040 contains the sufficicncy requirements for a petition filed for eiCher initiative or rcfcrenduin ui a code city. Ainong those requirements arc: (a) format speeific;alions; (b) a prescribed warning statement; (c) tie rcquirement that a true copy o1.' an ordinance to be initiated or refened be included; (d) ref'erence to applicable state statute or city ordinance (if any); (e) the format of signatures; and various othcr rcquirements. 5 The requirement found in RCW 35A.01.040(8) pertains to the time periocl in which a . petition must be filed Nvith the city clerk ta be fpnvarded to the county auditor for a determination of sufficiency. it reads: "Signalures followeci by a date of signing whieh is more than six months prior to the ciate of filing of the petition shall bc stricken." RCW 35A.01.040(A). The practical effect of this provision is that a six month time linut on the validity of a signature begins to toll as of the signing of chat signature. The reference lo the "date of 6]ing" likely means the date the petition was filed with the city clerk; rather than the "termination date" previously discusscd. RCW 35A.01.040 also provides tliat "[p]etitions containing the rcquircd niunber or sig.natures shall be acc;epted as prima f'aeie valid until their invalidity has been proved." RCW 35n.01.040(5). This provision places the burdcn of prooi' on a party who seeks to have the petition deeuied insufficient or iiivalid, once the petition is shoAm to contain the requisite number Of Slgndture5. III. IIIVTITATIONS On' THE USE OF 1NITIATIVE & REFERENI)'UM Limitations on the excrcise of the powcrs of initiativc and referendum can be found in statc statutes and also in applicable Gase law. A. Statutory Limitations on the Gxercisc of Rcfcrcndum Power The statute that grants the power of referendum to code cities includes a list of types of ardinances that are not subject to the exercise Uf referendum power. These exempt ordinanccs are not subject to the th.i.rly-day waiting period for ordinances. '1'he list of exempt ardinajices is as follows: 1. Qrdinances initialed-by pelilicm; 2. Lrnergency ordinances necessary for the immediate preservaticm of public peace, health; and safety that contain a statemcnt of urgency anti are passed by a unanimous vote of the city legislative body; 3. Ordinfuices providin; for local improvement districts; 4. Ordinfuices appropriating money; 5. Ordinances providing for or apprqving collective bargai.ning; 6. Ordinaiices providing for the compensation of or working condilions oF city employees; or 7. Orciinances authoriiing or repealing the levy of tFixes. '6 RCW 35A.11.090. These types of ordintinces take effect as provided in general law. B. Other Limitfltic►ns on the Fxercise of the Powers of Initiative and Rcfcrendum Waslungtnn courts have recoguzed additional limitations on the use of the powers of initiative and referendum. Courts have employed tulo tests to determine whether au ordinance is beyonci the seope oF direel legislation by the people in the form of initiative or ref:erenduin. The first test relates to the form pi' the underlying action. The seconci test relates to whom the grant of legislativc authority is dirccted. 1. Whether the Underlying Actic►n is I,legislativc or Administrative If the action is adiniiustrative, it is not subjcct to the powers af initiative and referendum. If it is legislakive, iti may be subject to initiative and refcrendum (depcnding upon the oulGome of the second test). The scope of the powers of initiative and referendum is reslricted to ordinances adopting legislative policy. There are nwo tests consistently uscd by Washingt4n courts to make the detennination as to what actions are administrative and what actions arc lcgislative. First, actions relating to subjects af a permanent and general cliaracter are usually determined to be legislative in nature, and actions takcn on subiects of a temporary and special character are usually regarded as \ J - adiniiustrative in nature. Second, the action is usually legislative in nature if it prescribcs a new policy or plan; whereas it is administrativc in nature if it merely pursues ttn existing policy or plan. Lven with thesc tcsts as guides, the distincCion between legislative matters and admicustrative mattErs is not always clear. The following is a representakive example of Washington court cases that address the characterization of actions as either legislative or administrative: a. Ruano v. Snellman, 81 Wn.2d 820 (1973) - The selection of a cuntractcrr and nther actions incident to a building rontract are administrative in nature. b. Fleicier v. Seattle, 100 Wn.2d 874 (1984) - An amcndmr-nt to a comprebensive strcet name ordinance is an administrative action, suice it is cnactcd plirsuant to a Plan already adopted by the legislative bocly. c. Leornard v. Bothcll, 87 Wn.2d 847 (1976) - f1 site spccific rcznne amendment is an r-admioistrativc action, as it implements the existing zoning codc or comprehensive plan. 7 d. 13allasiotes v. Gardner, 97 Wn.2d 191 (1982) -'1'he implementaNon of a punch-card , balloting systcoi is lcgislative in nacure. - ~ e. Eazle M. Jorgensen Co. v. Seattlc, 99 Wn.2d 861 (1983), and Scott Paper Co. v. Anacortes, 90 Wn.2d 19 (197$) - 1 he setting of rates is A legislativc act. f. Durocher v. King Cauntv, 80 `Vn.2d 139 (1972) - The acl of granting an unclstssified use pcrmit is administrative in nature. g. Citizens for a Financially iZesponsible Government v. Snokane, 99 Wn.2d 339, 662 P.2d 845 (1983) - Thc enactment of a business and occupation tax is considered legislative in vature. h. Paget v. Logan , 78 Wn.2d 349, 474 Y.2d 247 (1970) - A decision regarding where to locate a multipurpose stadium is a legislative act. 2. R'hethcr the Authnrity for a Particulur Actinn was grantcd by the Legislature to the City Council or to the Electorate as a Whole If tlie statutory autliority to, undertake a particular actaon was granted specifically to the city council, ttie powers of initiative and referendum are unable to be e.cercised. I-Iowever, if the legislativc grant of authority for an action was to the corporate entity, nacnely the electorate as a wholc, direct legislation in the forni of the exercise of the powers of initiative and referendum is available. The idea behind this distinction is thal where the legislature has expre5sly granted authority tn the city council, that autharity may not be subject to the Power of the people to enact or repeal legislation directly through the initiative or refcrcndum process. The first step in this tesC is to determine if the instimt action is specifically authorized by the statc lcgislahire. If so, the secand step is to determine to whom that authority is ~,~ranted (be it to the city counc•il Or the corporate entily). A grant of aulhority specifically ta the city council precludes cxErcise of the powers of initiative and referendum as to that authority. As in the first test, above, the dis[inction between authority granted specifically to the city council and authority granted to the electnrate as a whole may not always be clear. The following are examples of cascs in which Washington courts havc cYamined specific issues to detcrmine wtiether the underlying aelion was subject to initialive and referendum based on the "Grant of .Aulhorily" test: . 8 ~ a. I eArnard v. Bothell, 87 Wn.2d 847 (1976) - A refcrendum challenging a rerone amendment was not allowed by the court because the city council, not the electorate as a whole, was granted authority by the legislaturc to adopt and modify the zoning code. b. State ex rel. Bowen v. KrueQel, 67 Wn.2d 673 (1965) - An orclinance providing for annexatioii is nut subject to a referendum because tlie powers of annexation were grantcd by the legislature ta the mayor and city council. c. Citizens for Fulanciallv Responsible Government v. Spokane, 99 Vdn.2d 339 (1983) - An orclinance extending a business ancl occupation tax was suhject to a referenduin in a first class city because neither the state constitution nor the state legislature restrictcd that taxing power to the city council. d. State ex r.el. Haws v. Pomerov, 50 Wn.2d 23 (1957) - An ordinance setting utility rates for a municipality-owned water system (beiug financed by rcvcnue boncls) is not subject to referendum bccause the atrthority to set utility rates was granted to the city council. IV. A1.2GUM.ENTS FQR AND AGAINST 7'FIE POWERS OF I1vITIATIVE AND Rr',:FE1.2TN7)UM ~ Botli sides of the initiativc and referendum argument agree that most actions of government are best handled by elected represcntatives. Even thase who advocatc widespread usc of the powers of initialive and referendum agree that such powers are supplemental to the iiormal legislative proccss. A. Arguments in Favor of the Powers of Initiativc ancl Referendum 'Chose in favor of the po~vers of initiative and referenduin argue that these gowers represent "direct democrflcy" at its most fundamental level. Supporters feel that initiative and re.ferendum powcrs neutralize special interest groups, curtail corruption, provide a means for civic education, and put pressure on public o_fficials ta aet in the public interest. B. Arguments against the Powcrs of Initiative and IZeferendum Critics Uf the powers of initiative ancl referendum argue ihat thcy unclercut representative government by removing lawrnak:i_ng aulhority from the hands of elected ofTicials. Oppanents feel that these devices result in unworkable laws, beGause they reduce complEx issucs to a"ycs" or "no" votc by voters who may not he as well-inforrned on the intricacies of the parlicular issue at haiid as tihose elecled to represent the public as legislators. Reliance upan the powcrs of initiative and referendum, argue aciversaries of the powers, results in crudely drafted laws that 9 have not becn subjecled to the usual compromise-effecting process of "give-ancl-take" legislalive enactment that is the trademark of representative democracy. V. ABANUQNMEN"I" OF INITIATIVE ANll REFEREN:UUM Although a commission c:ity may not abandon tlie powers of initialive and referendum (unless the city chanses to another form of government), a kirsl class city or a code city may later repeal or abandon the powcrs. In a commission city, the powers are built into the commissian form of govcrrunent by state statute, a.nd no provisinn is ineluded for repeal of the powers. First class eities cau relinquish or abandon initiative and referendum powers by amending their charters. `I"he procedure for a cnde city to abandon or repeal initiative and refercndtun powers is the same as is providcd for abancinnment of government by a code cily. `1"hc procedure is siunmarized below. A.. lnitiation of Abanclonment '1'here are tvvo ways to initiate tlle repeal of iiutiative and referendum powers. The tyrst is for the city cduncil to pass a re5olution of intention, proposing abandonment of initiative and referendum pdwers. "I'he secnna is for the citizens to petition for abandonment of the powers. 'I'hc petition must be signed by qualified clectors equal in number to not less lhan ten perccnt of the votes casl at the last general municipal election. Six years must havc passcd since the adoption oF the powers of.' initiative and referendum before the proc;ess of abar►donment of these powers can cotrunence. B. Cityvvidc Election Oncc the petition has been found sufficient by the city clerk or the resolution of intention has been approved by the city council, an election of all city eitizens must be held. The election should be helci at the neYt general election (if one is schcduled with.i.n 180 clays) or at a specia] election as provicled in R.CW 29.13.020. ' C. Flection Uutcome lf a majority of the voters at the election vote to repeal the powers of initiative and rel'`erendum, they are relinqiushed and no longer availabie. - VI. CONCI.USION The powers o.f.' initiative and referendum have been adoptcd for use in several Washington municipalitics. All ten first-class cities have adoptcd the powers in their respective ~ charters. '1'he powers of initiative and referendum are available to all code cities, but they must " 10 be SpeciFically adoptcd by each city. MoSt af the code cities in Washingtan have never formally adoptcd thcse powers. Third-class cities and fourth-class towns are not statutnrily authorized to adopt the powers. In ciCies where the pnw•ers of initiative and refcrcndum are not available or have not been specifically adopted for use, a city council may still submit an issue directly to citizens on an advisory ballot Unlike an initiafive or referendum vote; however, the results of an election on ari advisory ba.sis are not binding. Usc of these powers nt "direct democracy" is often the cause of litigation, often over whether a particular issue is subject t4 these pawers, or to determine whcther the language used in an initiative or referendum pelition complies with the law. (:ourt determinadons are made on a case-by-case basis, aftcr cxamining the partieular circumstances of a casc. .J t~ CITY OF SPOKANE VALLEY C~ Request for Council Action Meeting Date: May 10, 2005 City Manager Sign-off: Item: Check all that apply: consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin, report ❑ pending legislation AGENDA ITEM TITLE: Mansfield Road Development Agreement GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: A & A Construction & Development, Inc., also doing business as River Rock Spokane, LLC. is proposing to develop their property on Mansfield Road between Pines and Mirabeau Parkway. Mansfield Road is proposed as a future minor arterial on the City's adopted Arterial Road Plan. As a result of the impacts of the development on the existing transportation facilities, the developer has voluntarily agreed to enter into the attached agreement to provide for the future construction of Mansfield Road within their property. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENT: Development Agreement (5-4-05 Draft) DEVE.LOPFR AGREEVi_FNT ,]Ar`SFIrI..D ROAD CONSTRUCTION PRC).1ECT T`his Developer Agreement ("Aereement") is cntered into by and between A& A Construction & laevelopment, Ine.; also douig business as Ttiver Rock Spokane, LT.C. ("Taeveloper"), a Washuigton Cerporation, having offices for the lransactiou of business at 202 E. Trcnt Avenue, Suite 400, Spalcane; Washington 99202, and the Ciry of Spokane Valley ("Cit_y"), a political subdivision of the State of Washington, hereinaf'ter jointly referred to as "Parties": RECi.TALS 1. The Developer is the owner/developer of certain real property generally locateci within the SR 27 (Pines Road) and Mansfielci Road corridor north of lnterstate 90 lcgally described in Lxhivit "A" ("I'roperty"). 2, The Developer is devcloping the Property for residential and/or conunercial uses (the "I7evelopment") which Nvill impact eYistina transportation infraslructure. Rlitigation caf these impacts will be required as part of the eievelopment of said propeity. The namc of the projcct is the Mansficld Extension ("Projcct") and the Purpose of tlus project is to provide access to L7eveloPer's improvements and to provide arterial circulation behween Pines Road (SR 27) and Mirabeau ]3oulevard. 3. The Dcvelopme.nt is comprised of hwa phases. Yhase Twill cqnstruct apartme.nt units; Yhase TT will construct an additianal apartrnent units. 4. The Project will construct a three-lane arteria] street within the Property according to City standards including curb, gutter, sidewalks, storniwater improvements and bike lancs. 5. Thc Yarties are desirous of entering into tui Agreeme_nt which provides for the donation of property for the Miinsfield Lxtension right-of way mitigation of trat-ic impacts associated with the Development. ' 6. The Developer reeognizcs the need to improve the traffic congestion in the PineslMansf eld corriciar and has agreed to finaneially participate ui tlle Pines/Mansreld Project under a separatc agreement.dated Fehruary 8; 2005. 7. Pursuant to RCVJ 43.21C.060, alld RC`V $2.02.020; the Gity hxs the autllority to mitiDate a direct iuipact thac has been identificd as a consequeiice o1' aproposed development. The City (1) has identified future road projects nccessitated by plaoned development in certain areas of ihe City; and (2) has identified a reasonable relationship bcrivecn impacts generated by thc Development to the transportation s}rstcm and tlie improvements required to mitigate those impacts. Page 1 of6 A&A Construction & Development, Inc., Developer Agreement 'Maosfielct R_oad Fxtension Projcct I'age 2 of 5 8. To mitigaie the direct impacts of the Development upon existing transportalion faeililies, the Parties arc voluntarily enteruig uito this Agreement pursuant to RCW 82.02.020. y. lt is uitended that this flgreement prqvide specific requirements and conditions in order to mitigate the direct traffic-related inipacts oCthe Development upon the enviromnent which have been identificd through the SEPA review process anci docutnented in the City File Nio. R,F.7-06-04. AG1tEEMENT NOW, TT-lEREF'ORE, ui consideration of the mutual covenants and conditions hereafter sel fnrth, the Uevclopcr and tlie City hereto agree as follaws: 10. VoluntarY Agreement. Tlus Agreement, including all attachcd documcnts; is a voluntary agrcement to mitigate iuipacts required under the State E•nvironmcntal Policy Act , 43.21 RCW. '1'he parties acknowledge that the capital project is reasonably necessary to mitinate the direct transportation impact of'the Development. 11. Bonds Prior to the Taeveloper receiving the Building Yermit for Phase Il of this project as describcd in tliis Agreement, the Developer shall be require.a to posl a one liundred percent ( I p0%) PerformancclCompletion 13ond which will guarantee the full comp(etion of the Mansfield extension roadway pursuant to the standards required by the CiCy, and such bond shall bc maintaincd i.uitil the Developer's Mansfield extension is completed and the impravemenis have been accepted by the City. 12. RiQht-of-way Upon cxecution of this Agreement by the Parties, the Developer vviU execuie a Quit Claim Deecl for the cntire right-of-way for the cxtension of Mansficld frojn east to west acrass the Prnperty and sueh Quil Claim Deed will be provideci to the City witlun ten (10) busi.ness days of execution b}° the F'arties. , Yrior to receivuig aiiy building permits for Phase II, the Developer shall provide to the City a street easement from the ovvner of Parcel 45103.0203 accommodating public traffic on the extension o1" Manstield Avenue fram the Froje.ct [o the existing Mansfield Road on the east. The casement shall provicie for the travel of the public ta and from the Pr4perty. 13. Se6ediile Once notified by tlie City, the lleveloper shall have 365 days to complete the construction of the Nlansfield extension across the Property. Yrior to t11is notification; the City will initiate a project to complete the eon.nection between the existuig Mansfield Road and the 17evelopers road construction project. 14. Phase II Access In ordcr to provide acccss both for traffic ingress and egress as well as iire ingzess and egress t'or Phase II, the Developer shall provide for a strcct easement and build an access street east of its project, the easl end being the westerly most point of Mansfield e,cisting as it extends west from Mirabeau 1'arkway; and the west Pajc 2 or 5 AKA Constrtiction & Development; lnc., llevelopcr Agreement Mansfield Road Extensiori Pmject I'age 3 of 5 end being a cul-cie-sac at the Developer's easterly boundary line where tlie Mwisfield • exteusion will be located, and in a specific ]ocation and configuration to be approved by the I7evcloper and the City ancl the Fire 17cparkment. Such street shall be paved riventy 1°'~ve (25) fcet in width and prpvicie necessary drainage in accordance with the City's adopted ecrostruction siandards. 1.5. Project SeUuence A. Yhase I Upon approvdl of this agrecment by the Pairties, the City shall issue a building permit for Phase I. B. Yhase II The Taevelnper shall prepare the Mansfield tlventic strcet plans. Upon plan acceptance by the City, tlle Developer shall post a bond 1or the construction of the impravements, as identificd in Paraeraph 11, above. The Developer shall secure a street easement acrass parcel 45103.0203 from the oAqier alloNvuie for public travel and construct an access screet in accordanec with the paragraph entitled "Yhase lI Access" of tlus agreement. The City shall then issue a huilding permit for Phase II. B. Phasc l_T_T NNrhen the City qbtains Funding and right or way t4 connect the Developer's property and stree_t improve.ments to the existing Mans.f eld Avenue interscction Nvith Pines Road (SR 27), the Developer shall then construct Maiisfield .Avenue through the I'roperty in accordance with thc construction plans acceptecl by the Cit}, as described in Phase II. . Any street improvements must be accepted by the City hef'ore they will bc dcemed to be in compliance with this Agrecment or City standards. ' 16. Notiee: A11 corivnuiucations, notices or demands of anp kind which a party tuldcr lhis Agreement is required or desires to givc to any othcr party shall be in writing and be eilher (1) cielivered personally, (2) sent by facsimile transmission with an adciitional copy mailcd first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, retiirn reccipt requcstcd and addresscd as follows: If ta the City: City of Spokane Valley 11707 E. Sprague f1ve., Suite 106 Spokaiie Valley, WA 99206 F3:{: (509) 921-I008 Attn: City Managcr If to the Developer: Christopher flshenbrener A & A Constr.ur.lion & Development, hic. • 202 E. '1'rcnt Avenue, Siute 400 Spokane, WA 99202 17, Successors. Tlus Aareement shall bc binding an and inure to the henefit of the succcssors and the assigns of the Parties. , Page 3 of 5 A&A Construction & Development; Inc., Developer Agreemcnt Manstield Road rxteiisian F'roject Pagc 4 of 5 18. Goveroina, Law. Tl1is Agreement shall be construecl in accordancc 'with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competcnt jurisdiction in Spokane County, Washington or as otherwise provided by statute. 19. Modifications. No modification or ainendment of this Agreement shall be valid until the sazne is reduc:ed to writing and cxecuted wit6 tlie same fonnalities as the presEnt Agrcement. 20. Waivcr. iNn offieer, employee, agent or otherwise of the City has the power, right or authority to waivc any of the conditions or provisions to this Agrcement. No waiver or aiiy breach of this Agreement shall bc held to be a waiver of any other or subsequent brcach. 21, Represeutation. Tlus flgreement forms a fully integeated agreement between lhe Parlies. No other undcrstandings, oral or otherwise, regarciing the subject mattcr of tliis Agreement sball be deemed to exist or to bind any of the PArties bereto. Tliis agreemenl shall meet the iv_itigation requirements 1'or all impacts of thc 17evelopment ~N411in the 1'roject lunits as described in the Project clescription in Section 1 of the Recitals and as identifieci and documcnted in the City Pile(s) referenced in Section 8 of the Recitals. This agreemenl shall not superscde any othcr conditions of approval not directly related to trafific-related impacts aC the Development within thc Yroject lunits. All Pa.rties have read anci understand all of the Agrecment, and now state that no represcntation, promise or agreement not expressed in lhe Agreement ha,s heen made to viduce any F'arty to execute lhe same. 22. Authoritv. Both Parties to this Agreement represcnt and ccrtify that they liave full authority and pnwer to enter inlo and carry out this Agreemcnt. "1'hc pcrsons signing this Agreement represent that they have authority tp act for and bind their respective pruicipals. 23. Severabilitv. If any section, sentence, clause or phrase qf this Agreement shpuld be held to be iuvalid lnr any reason by a court of competent jurisdiction; such invalidity shall not affect the validity of any ol:her section, sentence, clause or phxase of this Agrcement. ll Page 4 of 5 A&A Constniction & Developmenl, T.nc., Developer tAgrcernent Mans .field Road Extension Project Page 5 nf 5 i IN `VI'I iNESS NVT-IFREOF, the Parties have executed tbis Agreement this day of , 2005. II:I:VFLOPER: A& A Construction & Dcvclopment, Inc. By: Its: Name: STATE (7I= WASkTNGTON ) ~ 5S. Counry_ of Spokane ) On this da}, of 2005 before me, tlie undersigned, a Notary Public in and for the State of Washington, duly commissioneci and sworn, pcrsonally appearecl to me knoATi to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to he the free and volunCary act and deed of the corppration; for the uses and purposes therein mentioued, ajid on oath stated that he is authorired to executc the instrument. WITNFSS my hand and official seal hereto affixed the day and year in this certificate above ~,%7itten. NOTARY PURLIC, in and for the Statc of Washington; residing at My commission expires: Printed Name CI'CX C)F SPQKANE VALL•EY: Davici Mercicr, City IvIanager ATTF,S'I": F11'YKOVED AS TO FORN2: Chris Bauibridge, City Clerk Cary Driskell, Iaeputy City Attorney i I'aee 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-10-05 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information x admin. report ❑ pending legislation AGENDA ITEM TITLE : Greenacr@s Moratorium Request GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: . BACKGROUND: On August 10, 2004, the City Clerk received a petition from resident landowners and primary stakeholders of North Greenacres Community for "Temporary Moratorium against Development of Densities of more than one house per acre until interim zoning is adopted. We are asking for a zone change that accommodates the recent rights we had under SR-1." Copies of the petition were distributed to Councilmembers and Planning Commission Members August 13, 2004, At the November 18, 2004, Spokane Valley Planning Commission, it was moved, seconded and unanimously passed that the Planning Commission recommend denial of the moratorium petition to City Council. OPTIONS: RECOMMENDED ACTION OR MOTION: Direct staff further. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS May 2, 2005 letter from Chair David Crosby, relaying the recommendation to Council to deny the requested moratorium. November 18, 2004 Memorandum.from Scott Kuhta re 11/18/04 Planning Commission Meeting Greenacres Rezone/Moratorium Approved November 18, 2004 Planning Commission Minutes Copy of Greenacres Resident Petition Spa~,ane ~ Val.ley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 569.921.1008 ♦ cityhall@spokanevalley.org May 2, 2005 Spokane Valley City Council 11707 East Sprague Spokane, WA 99206 RE: Greenacres Moratorium Request Council Members: On November 18, 2004, the Spokane Valley Planning Commission considered a request for a development moratorium in the North Greenacres neighborhood. The moratorium request was forwarded to the Commission via the City Clerk in the form of a petition signed by Greenacres residents. After discussion, the Commission voted unanimously to recommend that the City Council deny the requested moratorium. The Commission did not find that a development moratorium was warranted, but did believe that the Greenacres areawide rezone would address many of the neighborhood's issues. Thank you, (-A- _ • cCrosby, Chair Spokane Valley Planning Commission Attachment: November 'I9, 2004 Planning Commission meeting minutes sCIT'~oka.ne p O Valley 49;00 11707 E. Sprague Ave. • Suite 106 • Spokane Valley. WA 99206 (509) 921-1000 - Fax (509) 921-1008 • cityhall@spokanevalley.org MEMO Date: November 19, 2004 To: Dave Mercier, City Manager Nina Regor, Deputy City Manger Cc: Marina Sukup, Community Development Director Greg McCormick, Long Range Planning Manager Chris Bainbridge, City Clerk From: Scott Kuhta, Senior Planner RE: 11/18/04 Planning Commission Meeting Greenacres RezonelMoratorium - The Planning Commission voted to bring the Greenacres areawide rezone back on the table for reconsideration at their November 18, 2004 meeting. After lengthy discussion, the Commission voted 4-3 to recommend approval of the rezone from UR-7* to UR-3.5. (The October 14, 2004, vote on a rnotion to . approve the rezone resulted in a 3-3 tie.) City Council will be briefed on this itern on November 30, 2004. . Community Development Staff proceeded to brief the Commission on the proposed moratorium for the Greenacres area. Staff informed the Commission that the issue was scheduled for discussion and consideration on December 9, 2004, and that public comment would be accepted at that time. The Planning Commission asked if the issue could be considered immediately. Staff informed the Commission that moratoriums do not require a public hearing to be adopted and that they could discuss and make a recommendation on the reqeust. Staff also mentioned that interested Greenacres residents were told that they there would be opportunity to comment on December g`n After discussion, the Commission voted unanimously to approve a motion to recommend denial of the requested moratorium. The Commission did not find an immediate threat to the public and did not believe the issue needed to be extended to December 90'. ; Please let me know if you require further information. ~ Spolcane Vallcy 1'lanning Commission ~N! ApProved 1Vlinutes Cnuncil Chambers - City Aall 11707 E. Sprague Ave. November 18, 2004 1. CAI,L I O ORDER Planning Commission Chair Gothmann caUed the meeting to orcier at 6:32 p.m. II. YLEDGE OF ALLEGIANCE The Commis.sion, audience, and staff recited the 1'ledge of Allegiance. III. ROLL CALL Fred I3caulac - Present Bill Gothmanr► -1'resenl I3ob Blum -Present Ian RobErtson - Present David Crosby - Present John G. Carroll - Fresent Gail Kogle - F'resent 1V. APPROVAL OF AGENDA Coniinissioner Gotli`nann moved tliat tfie Noven:her 18, 2004 agei:clu he apProved as presentetl. Conrmissioner Croshy secnnded the fnotioir. Motiou passed uiianiinously. . - ~ ; V. APPROVAL UF MTNUTES Comuiissioner Gothmann requested addilion of the following sentence to the end of the fifth motion made for RE7-17-04, located at the bettom of Yage 4: "Moliort tied 3-3. 7he mulion failed " It was moved by Conunissioner Robertsoii nncl sernuded by Con:mi,ssioner KvKle diat the nunutes of the October 14, 2004 Planning Commission meeti►:g he approvetl as rimeirded Motion pussed unanimottsl.y. VI. PUBLI C COMMENT Thcre wa,ti no public comment. Vi_I. COMM1SSInv R.FPORTS Conunissioner Crosby reported that the Ad Hoc Sign Committee has completed its imuiediate Nvork and wrill be attending the December 9, 2004 Plaruung Gominission meeling for a shidy session to review changes made to the cxisting Sign Standards. Cummissioner Beaulac attended the Parks Masler Plan public meeting on November 4, 2004 at Spokane Valley Chiuch of the Nararene, as did Conunissioner Gothman.n. Much of the meeting was daminated by equcstrian issues. It was obvious thal scrong support to keep the Mission Horse Arena open ~ eYists. ! \ Commissioner Golhman.n and sevcral other Com.missioners attended thc Joint Planning Commissioners' meeting recently. Coiuity-Wide Plann.ing Policies (CWPPs) were discussed, and he wanted to assure that all Cmmmissioners receive an updatcd copy. IIe asked ~VIs. Alley to provide Corrvnissioners Crosby, Robertson,1311ui1 and Canoll w7th a copy. VIl1. AnMT]vISTRATIVE RE YOW1iS Vfr. Mc:Cormick introduced Mike Basinger to the Commission. Mr. }3asiuger is an Associate Planncr who was recently hired by the City to assist with the Long Range and Current Planning workload. IIe formerly work.ed vvith the Boundary Review Board, and is very t'amiliar with the Spokane Valley and its geogr-aphic and governmental evolution. There will be only one Planning Commission meeting in December. lt will be held on Thlirsday, December 9. The meeting schedule will return to the sccond anci fourth Thursdays of each montli beginning on January 13, 2005. The County Commission took new action ttus past week by inal:ing population allocations for the City of Spokane Valley and the City of Libcrty Lakc based on a recommcndation by the Steering Committee of Elected Officials. This allncation is calculated to reflect potential growth wilhin che next five years, using available area and resources. 'I he City of Spokane Valley was allocated an additiona120,666 citirens fo its p9pulation census. 1`hc Liberty Lake annexalic.m request was denied by the Boundary ReviEw I3oard. iX. COM'MISSION BUSINFSS A. ()Lll13USi'VESS: Continued Yublic flearing an Comprchcnsivc Plan Amendment Nu. CPA-07-04. 1his hearing wa.s continued by molion on October 14, 2004. Mr. Knhta directed the Cointnission's attention to a memorandum written by Sandra Raskell, P.L., dated November 12, 2004. In it, Ms. Raskell erplained that thc City of Spokane Valley Public Works Department received three copics of the Applicants' Traf.f c Impacl Analysis f'qr IViansf elcl Avenue (:orridor Assessment and Lawson Property on Noveinber 10. The CiCy's Public Works Department requcstcd that the public hearing for CPA-07- 04 be tabled unkil January 13, 2005 to allow stafi'sufficient time to review and commcnt on the study. Cammissioner Carroll requested a copy of the stud,y to review beforc the public hearing on January 13. Ivlr. Kuhta explained that the entire document may not be available, but hc would endeavor to make an executive suminary available to all Commissioners in the near future. 2 ~ Con:mi.csiorier Gothniann n:oved tltal the Plm:t:ing Coniinission cantinue the public fiearir:g on Co»iprehen.sive Plan Amendment JVO. CPA-07-04 to January 13, 2005. Mottort wrrs seconr/ecl by Commissioner.Robertson. Motion passed unar:imously. Greenacres Area-VVidc Rezonc Application No. REZ-17-04 $e.fUre mbving On tU New Business, Chairman Gotlunann requcstcd time to discuss what happened at the public hearing on October 14, 2004, Lar the Greenacres Area-Wide Rezone Application Na. RE7-17-04. Several Commissioncrs expressed dissatisfaction wilh the tied vote, which resulted in ninvulg the matter to City Council without a recommendation t°rom the Planning Commission. Atter reviewing "Robert's Rules of Order Commissioner Gothmann cnncluded that the Cominission could reopen the matcer Cor (urlher discussion if a mntion is ulade to reconsider the original moticm. A Mntion to Reconsider can be madc at the same meeting or at the next meeting if nothing has becn dane on the motion itself since the last meeting, and a Commissioner on the winnulg side (Conunissioners Crosby, Carroll and Blum) or one who did not vote but is well-versed on the matter (CommissiQner Kogle) must make the Ivlotion to Keconsider. Lt was moved by Commissioner Kogle tlrat the original reguest for a Greeiincre.s Area-Wide Rezune, Applicaiion tYo. 1'ZEZ-17-U9, he reconsidered by the C'lanning Commission. Coinmi.ssioner Gath»iarin secoftded t/:e n:otioj:. Commi,s.sioners Bearrlar, Carroll, Crosby, GotlYmani: and Kogle vuted ite favnr of't/re n:ntiofz. Conutussioner Blcrnr voted in opposition of the mvtion. Comjniv:sinner Robertson abstained fro»: the vote. Mvtinn curried 54. Staff provided the Couunissioncrs copies of handouls from hwo previous meetuigs in which the Greenacres Area-`Vide R.ezone request was heard. '1'herc was a discussion among Commissioners regarding the responsibility of a government agency to h4nor original zoning designatians which were intended for cievelopment in residential areas equally to the zoning rcquests of residtnts whd vvish to limit develoPment in their residential aeeas. Commissioncr Carroll is greatly concerned that if our City does not respect past decisions or is not consistent in its land use decisions, businesses or othcr inveslors may nal feel confident enougli in our governmcnt to commit io long terni development plans. Comrnissioners were remindcd that City procedures exist which allow landoNvners to rerone their property if they choose to do so. It was moveti by Cun:nussiofter Carroll, at:d seconded hy Conunissioner Crosby, lliat the Plaiining Comniissiori arnend tfie original motiori tv approve the Greenacres Area-Wide Rezone reqtiest as presented by exempting the areas of: the map colored it: piitk, orange and bltce-gray. . ~ ~ Comunissior:ers Blrsn:, Carrolly and Crosby voted in favnr nf the . timended motiofr. Cornmissio►iers Beaulac, Gotlemui:n, Kogle rurJ Rnbertson voted in oppusition of the ame►ided rnotinn. Mation failed 4- 3. Commusioner Crosby ntoved that the Alanning Cnminissinn arnend the origi►tal motian tn tipprnve the Greenacres Areu-Witle ReZnne reyuest a.s presented by exrlrtding tlte urea west of Flora and north of Mission aiid tlie areas on llie »iap colored pink, arange und b[cre -gray. lhe an:et:ded ntotian ivas secoitded by Canfttissioner Carrvll. Comniissi.oner.s Curroll and Croshy vated iri ftrvor of the amended mution. Comanis.sianer.s Beaulac, Blunr, Gotllmann, Kogle and Kobertson voted in apposition of the amended motian. r4tatian failed 5-2. C/:air»ian Gotlimann callecl for u vnte on the original motion for the Plai:ning Conuiussion to approve the Creenacres Area-Wide Xezone Applicutinii Nn. XE"L-17-04, as presented. Cvmn:issianers Beuuluc, Gotl:marm, Kagle urrJ Rohertson voted i►i favor of the original rnotion. Cnmmissioners Bhim, Crosby crncl Carroll voted ut oppositiott of tJre origijiril motion.- Motion passed 4-3. 7"/:e Planning Cammiysinn wiJl atlditionally request t/iat tlie Cocurcil consider a reco»imendathm to allow tliose lunrlowners in the pirik ureus of the ►nap be exempted fram ptryiftg the City's rezone applicarionJ'ee r.f tliey clioose to retran ta the UR-7* Zoiringdesignalion rvill:in tfie ►iex1 two years. Mr. Cary Driskell spoke to the legaJit}° of the recommendation for a fee exemption, stating that hc would advise against it because it could be construed as a"gif[ nf a fund" by the Ciiy to the landoevncrs involvcd. The Commissioners look a ten-minute brcak from 7:40 - 7:50 p.m. ~ R. 1VEW BUSINESS: (:reenacres Area Petition Requesting a ioratorium on New Development. - The City Clcrk received a request for a tempnrary mnralnrium nn new develnpment in the North Greenacres area on August 10, 2004. "I`he request was deliverecl lo the City in the form af a petition signcd by area residents. City Council has requested that the Plaruung Commission rcview tlie request and forward a recommendation lo them. The moratorium request is schedulcd to bc discussed by the Commission on L7ecember 9, 2004. Moratoriums are enactea when there is an immediate threat to the gcncral public's health, safety And welfare. The Conunission must decide if cunent roning within the North Greenacres arca threatens , 4 ~ the public's health, saFety or welfare and make specific findings reflecting these threats. The Commission discussed the staff report anci Che issues involved in tius request. iMr. Kuhia explained that Mr. Driskell was present to answer any legal questions the Com.mission might have on lhis issue. Cummissioner Crosby iiroved that the Plan►iing Commission recofnmenrl denial of tf:e »toratoriurrtpetiiion to City Cotu:cil. ivIr. Crusby's Mvtinn was seconded by Cmmmissioner Bluni. Motiai pa.ssed unanimously. The Cammission agreed that it may want to revisit this moratorium request if thc City Cnuncil doesn't agree with its recominendations on lhe Greenacres Area-Wide Rezone requcst. Election of Flanning Commission Officers - 2005. Mr. McComuck agreed to tacilitate khe notninations for Commission Chair. Comnussioner Robertsan nominated Commissioner Gothmann for the office of Chairman. There was a brief discussiqn about tlus nomination because of6cer positions are limited to two consecutive tenns and several Cammissioners understood that Mr. Gothmann had served his two cernis. Cominissioner Blum nominated C;ommissioner C'rosby for the office of Chairman. < Commissioner Gothmann reeeived three votes from Commissioners Bcaulac, Gotllmarui and 1Zobertson. Commissioncr (:rosby received four votes from Gom.missioners Bhun, Carroll, Crosby and 1Cogle. As a resull of majariry vote, Con:nri.ssioner Crvsby will serve trs Plcrnning Commtssion C/tairnturt, effective Jafiuary.l, 2005 t/trough December 31, 2005. Chairman Gothmann fiacilitated the naminations for Commission Vice Chair. Commissioner I3caulac; nominated Commissioner Carroll for the officc of Vice Chairman. Commissioner CTotlimatui nominated Com.nussioner Robertson for the office of Vice Chairman. Commissioner Carroll received five votes from Commissioners Beaulac, Blum, Carroll, Crosby and Khgle. Couunissioner Rabertson abstaineci from vnting, and receiveci one vnte from Commissioner Gotlimann. As a result of n:njority vnte, Comtnissiofter Currtill wi!l serve as Planning Cvntntission Vice Chatr, effertive Janieary 1, 2005 thrvugh December 31,2005. Coimnissioncrs Gothmann and Roberison were com.mencled on iheir work ~ as officers of the Planning Commission for the past two terrus. . 5 I)eputy Mayor Izichaed viunson addressed the Cnmmission with regard to - a meeting he had attended earlier in the mnrning. Eastern `Vashington . University has estimatecl a 5.3% growth in sales tax revenue for all arcas of Spokane County except the City of Spokane. He jokingly told Vtayor Jim West that lhe Valley had abancloned its efforts to annex the City af Spokane when they heard that zero growth in sales tAx revenues wcre projected for them. Discussion of Planning Commission Rulcs of Procedure. This matter Nvas placed nn the agcncla because of the tie vote at the last Commission meeting regarciing the Greenacres Area-Wide Rezone requesc. Thc tie vote enahled a public request to be forwarded to City Council without a recommendation from the Planning Commission. After a brief discussion, the Commission agreed tliat thifi will sEldom occur. If it does, the Chair has the nplion to cxtend discussion after the vote instead of ending Commission deliberations without closure. X. FOl2 THF (:nOD OF THF ORDER `1 here were na matters to discuss. Xl. AD,TQURNML+'NT There being no further husiness, the meeti»g wa.s adjourned at 8:30 p.m. SUBMITTF U: APPROVED: Debi Allcy, Administraiive tl.ssistant XVilliam H. Gothmann, Chai.rman 6 ~ To the City of Spokane Valley City Council & Planning Dept. Wc the undersi.gned are the resident lantlowtiers and pruna.ry stal:eholders Qf Nortll Greenacres Community whose boundari.es were def.ined in 1993 as fol.lows: North arld West Baundary is tt3c Spokane River and the South Boundary is 1Vf.ission /avenue and tbe East 13oundary is Barker Road. The Simpson Subdivison in the southeast corner is excluded. T"he own.er accupied plats represents the primary stakeholdcrs u4ao are committed fo preserving tlle traditions, customs aud cu.l.ture and ecouomic stability of our ncigtiborhond. WE ARE PETITIONING FOR A TEMP4RARV MORATORIUM AGAINST . DEVELOPMENT OF DENSITIES OF MORE THAN ONE HOUSE PER ACRE UNTIL INTERIM ZONING IS ADOPTED. WE ARE ASKING FOR A ZONE CHANGE THAT ACCOMODATES THE RECENT RIGHTS WE HAD UNDER SR-1. We the undersigned agree that this is an old established rleighborhood dating bac".Q:years, sharing a common culture. 1he keeping of larger lot sizes, gardens,Imal] orchards, animals, and some tnick farming characterize the historical f.oundations of this local area. Approx.imately 85% of parcels are t'single family residcnces occupied by owners. We havc a tradirion af larger parcels with over 50°%-~fthese parcels bcing larger than 1 acre as pursuant to a study done in 1994 by Spokane County. We are committed to the process of wrriting a Neighborhoad Plan for adoption into the Comprehensive Pfan Furthermore, we are concerned due to the near proYimity of the river, that our health and safety will be compromised without x moratorium. THE ABII,TTY T'O BRIlYG SFWER E'Il'E 4R P120POSAI.S FOR IYE W VVaSTE M.ANAGEI~VT FACILITIES DOES NOT N1,EET GMA CONCURRENCY. UNLESS THE PRFSENT W.aSTE MAN4GEivtEN'r FACILITY H.4S THE CAPr1C1TY TO EFFCCTIVEI.,1' TIiEAT ALL TIIE ADDTTIONAL EFFLUENT FROA9 BOTH CTTY A~YD COUNTY NFW DEVELOE'MENTS, TT PUSES A PUBLIC SAFE1'Y IIAZAI2D. (The danger as posed by the recent accident provokes serious thought. This issue , by overwhelming evidence must be sotved.) . wE are also seeking adoption of a resolution for establishing policy that mitigates impacts that effect traditions, culture, and customs, economic $tability, and quality of life. (i.e. horse keepiiig and a PUD side by side) ~ ~n Spo°~l~ane 0 Valley 49;000 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallOspokanevalley.org Memorandum To: Dave Mercier, City Manager, Mayor and Spokane Valley City Councilors From: Greg McCormick, AICP - Planning Manager CC: Date: May 5, 2005 Re: Spokane County Comprehensive Plan Update Pursuant to the Growth Management Act (GMA) (RCW 36.70A.130(4)), Spokane County is required to update the County's Comprehensive Plan. This update is required to be completed on or before December 1, 2006. In order to meet this GMA deadline, the County has initiated the update process. The County has requested that all jurisdictions within Spokane County and other interested parties review the present comprehensive plan and provide comments regarding goals, policies, maps or imptementation to the County for consideration during the update process. ~ A significant issue that is being discussed is related to population allocation on a r county-wide basis. The Washington State Office of Financial Management (OFM) is required by state law to provide counties within the state a 20 year population growth projection. This growth projection comes in the form of a range of expected population growth. During the County's initial comprehensive planning process, the Board of County Commissioners (BoCC) adopted a 20 year population growth projection that was in the mid-range of the OFM population range. The County is now considering increasing the 20 population projection from the mid- range level to the high end of the OFM population range. The estimated 2005 population for all of Spokane County is 419,566. The 20 year grovrrth projection being considered is a year 2025 population of 646,634 or a 54% increase over the 20 year planning horizon. The overall result of this new population estimate is that the existing urban growth area (UGA) would be increased by over 11 square miles or roughly 1/3 of the size of the City of Spokane Valley. The increased population estimate will have impacts on local jurisdictions as well as service providers. For example: Sewer - by increasing the population estimate and subsequently the UGA boundary, the sewer service plan would likely need to be updated to reflect the new population estimate. Future facilities would need to be sized appropriately in anticipation of the increase in population. User fees that are ~ charged would be evaluated and set at a level to cover the capital, operation and maintenance costs of the facilities. If this level of growth does not occur, the overall fee structure would have to be evaluated and increased fees would be likely have to " take place to cover the additional infrastructure costs. Other service providers would also be affected such as school districts, water providers, fire districts, etc. all of whom have capital plans that are impacted, to a greater or lesser extent, by an increase in population allocation. Counry staff requests that comments and suggested revisions be provided to the County by May 20, 2005. City staff has attended three meetings with County staff and staff from other jurisdictions in the County to discuss the update process and more specifically the issues of population allocation and UGA boundaries. City staff will continue to monitor the County's process and provide Council with updates as appropriate. • % ;