2005, 09-13 Regular Meeting ~
-_If~
/
AGE\llA
SPUKt1NE VALLEY C'TI'Y CO[;h'CTL
REGULAR NiEF71NG #74
"Cuesday, Srptember 13, 20d5 6:00 p.cn.
CiTY KaLL AT REDWQOD PLA7.a►
11707 Fwt Sprngnc Avenne, Firat Floor
Couacil Reyuests All Electronic Ilnices be TurneJ (1R 1)uring Couacil Mecting
CALL TU Ui2I)ER
INVOCATlON: Pastor 7'um Davis, Yaung LifdSpakanc Valley Church
PLFDGE OF ALL.EGIANCE
RULL Ca[.L
AFPROVAL OF AGENDA
IN'I'RODUCTIUN OF SPECLAL GUH:SfS AND PItESENTATIONS
CUNLMTT'I'FF:, BnAI211. 1,LATSON SUMMARY REPOitTS
n'iAYOR'S REPU1tT:
PttBWC CONiNIENTS For rncmtxrs of thc Public tu spcak w dsc Cuuncil rcg.arding multcts NUT ou
the Ageada. Pletse stnte your name end adctress far the rerntd und limit rematki to thtrc rninut".
1. PIIRLIC HF.ARING: Cublc Tclcvision Frnachisc - Morgw Koubelka
COYSFNT AGENDA Consists of icem.a cansidcrrd routinc which arc approk-cJ as s grvup. A
Councilmcmber may remave an itcm from thc Consent Agenda to be consickreci scparatefy.
(Natr: CouacU may cntcrtain a motion ta wah-o rnading and approve Conscnt Agrnda.)
a. Apprm+al of thc Pallowing Vouchcrs:
VOUCIiL-R I.IST VUUCHL-R TOTAI.
DATii Numbcr(s) VUUCI-ICR
A~410UNf
08-22•05 7429-7479 1,48? 62.3U
08•26•05 7480-7526 l I 4,725.3"r
C,RANU TO'TAI. 1.597.087_67 .
b. Approval of Aayroll of Augu3t 31. 2005 otS19b,5R7.74
c. Approval of intergovernmrntnl Agreement for Commute Trip RcJuccion
d. Approval of Resolution 05-020 Establishing Location far Alcohul Consumptian
e. Approval of Council Rcgulnr A4ectuig h4inutcs of August 23. 2005
t'. Appres«l nfCounci! Swcty Scssian Mceting Minutes of August 30, 20Q5
NEW Iil;tiiNESti
3. First Rcadins: Propased Urdinnnce 05-026 Amcnding Pianned Unit Dcvclopmcnt (PIID) -Marinn
Sul+uplCtuy Dris}:e11 (pubUc commcnt)
t. Pror.«ud Resolution 05-021 Amending Govcmnnce Manunl - Gauncilmrmber DaVlcming
(publlc comment]
Proro>ed Resolution 05-022 Adopting NAeional Incident NlanngCmcnt System (NIMS ) -
Cnl WalkcrlCsry Driskel) ipublic commcntJ
6. !ufation Considcratiaw Rr.ccat Bcard of Couqty Cummissioncrs' Dccision Cxpnnding Nric;fzboring
lJrban (irawth Arza ()oint Planning Agrrcmcnt or Appeal) - Mikc Cannslty ipuhllc commcnt]
Pl3BL.[C COh111EYTS For mecnbers di tfie Public ta speak to du Council rcparding mniters ► f~~~~
(~ll' r~,^Cllc~:l !C_ '.11, , ~ltlt ~t;tilli' 1~;1 ~~i_+~~'~: f• f •fl:• , .li~ ~i?1111 T'l'ii'.:I!"~.•. ',1 !flfc'~ jii!lilli!'~
:1ll,N iltilS lR_11 i\ 1: lZF 1'O}l iS: I
7. VVcbsitc l.lpdatc - Carolbel le F3runch
8. Outsidc Agcncics Allocatian of Fund-~ 1)iscu~sion
9. P[nixnCd Unit Dcvclopmcnt (pUA) Polic}• Issucs - Nlariiua Sukul7
INFOR1ylAT10N ON[.Y: tnu pubtic commcntJ
lA. tnfmstructure Funding Mechnnisms - Ctuy DriskelleNcil F:ersten
11. Review of 2004 Cantrncts - Morgan Koudcik,s
12. Spokane County Cantract Apptoval - Nina Itrgor-Aiorusn Kc,udelk:i
:1n.iOiTRNWNT
IT TGRE SCIIED L.`I_ I:
RtgularC.ouncil hteetings urcgrnrrally Ire•1il:Rd and d'' 1'tcesdoyx, beginrring ut 6:00 p.nt.
Cartnci! Sludy Stsslons Qre gcrneral/y keld 1". .i'' onrl 51h Turi dai. 's. heg rirnirr fi at b: 00
m.
Ot/:e,- Trwrrrive / jJ_,,r,rirr;;,tilck,;hr_~{s Events:
.
NUIIC:E: Indn•ijuals pl.vtr,iug to :wenJ dic niccttng%%hu rcyuitc special ussisGUUC to ntcnmmoclate ph}-tical, hcaru~or ultirr
impnirmcnts, plca3c contnct thc Cicy Clrrk at (509) r21-14(Kl as snon as possiblc w tLnf arniigcmmts mty bc mndc.
2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 13, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 2 public hearing
❑ information ❑ admin. report ❑ pending legislabon
AGENDA ITEM TITLE: Cable Franchise Public Hearing
GOVERNING LEGISLATION: Federal Cable Act of 1984
PREVIOUS COUNCIL ACTION TAKEN:
Ordinance establishing franchise fee approved 3/31/03; Memorandum of Understanding on
. terms and conditions to participate in the regional cable advisory board approved 9116/03; Three
members appointed to Cable Advisory Board on 2/24/04; Resolution 04-015 Regarding Cable
Franchise Renewal Proceedings; New member appointed to board on 218/05; New member
appointed to Board on 7/26/05
BACKGROUND: Cable franchises and the franchise renewal process are regulated by the federal government.
The Cable Act of 1984 allows for both a formal and informal renewal process.
The City assumed the County's cable franchise agreement with Comcast upon incorporation.
The agreement expires on September 4, 2006. '
~ There is a 36-month window on the formal renewal process. Comcast invoked the formal
process on September 30, 2003, but intends to concurrently negotiate under both the formal
- and informal processes.
The City is currently in the ascertainment phase of the formal process by participating in the
Cable Advisory Board and by gathering citizen comments. The purpose of this public hearing is to update the Council and public on the cable franchise
renewal process with Comcast and to give the public opportunity to commEnt on the past
performance of Comcast in regard to cable service, and the future cable needs of the
community.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: Hold public hearing; Provide feedback and direction
to staff. BUDGET/FINANCIAL IMPACTS: The City has budgeted $620,000 in cable franchise fee
revenue for 2005. $20,000 has been budgeted for the cable franchise renewal process.
f-- STAFF CONTACT: Morgan Koudelka, Administrative Analyst
ATTACHMENTS
Cable Franchise Renewal Update Presentation •
Spokaza.e Val.ley .
Cab1e, Franch.ise Renewal
. Update and Public Hearing _
PAorgan Koudelka, AdminfstmUve Malyst Ssplember 13, 20U5
Cable franchise regulation ❑ Cable franchises a.nd the cable f.xanchise
renewal process are regulated by the Cable
Act of. 1984 under section 626 (47 USC 546).
❑ The Cable Act allows for both a f.orm.al and.
informal renewal process.
~
1
i0
Cable .f_ranchise renewal facts
❑ Comcast has invoked the form.al process, but
concurrently negotiatcs via the infoimal
process.
a There is a thia-ty-six month window on the fortnal process _
Franchise process
❑ Ascertainment Phase
■ Past Performance Evaluation (e.g. technical
review) .
■ Future Community Needs Assessnlent
❑ Request for Pr.oposal
❑ Negotiations
. .
~
2
,
Ascertainx..nent phase
❑ Survey - conducted in rune 2005
■ Conductcd by Cleanvater Research out of F3oise, ID
■ Past performance evaluation
o Technical TZeview - scheduled.fnr the fall of 2005
■ Currently gathering quotes
❑ Public Hcaring - Septcinber 13,2005 ■ Public comments on past performance oi°c;able operator
and furiire cable aeeds of the eomTnucuty.
;
. .
Survey
❑ Surveyed a total 0f 4.54 residents over a ttiree (3)
week period
❑ Calls were made at different times of the day and
. different days of thE week to a widc va.riety of
C1t1Le11s
o Iriquired about customer service, signal quality, and
types of progra.mming ❑ Thc following survey results have a margi.n of error
ofi 4.9%
, .
3
Suxvey results
Very - Somewfiat Somewhat Very Total
Salisfied Satisfied Dissatisficd Dissa#isfied S3tisfaction
Level
Pietttre 186 140 11 3 96
Quality
Sound 214 117 6 3 97
QUilllty ,
Repair 138 70 7 5 95
Services
. Billing 161 126 25 20 86
Practices •
System 193 120 17 5 93
Rcliability
.
. Sur.vey results
• Very Somewhat Somewhat Very Total
Satisfied Satisficd Dissatisfdd Diss:►tisfieci Satisfaction Level
CKble Rates 30 9$ 89 120 38
Ci.ist_ Servic,c 139 106 12 12 91
lknowIcdge '
Tbtification of 115 147 26 25 84
GhEIttgZS
Installation of 217 96 8 6 96
services
Variety of 135 130 47 29 78
pragratnming
• i
4
Programmi_ng preferences
. 1. sports .
2. News - 3. Jklajor Nehworks
a. Movies s. Science/Docutnentaries ,
Would like to see mo.re of:
i. MoAes
z. Family Programming s. Science and llocumenlaries
a. Educational Programining
s. Sports
■
r
'Local Comcast Office
0 28% of subscribers have visitcd the lacal.
of.fice ❑ Of those that visitied thc local Comcast offtce SS% had an good or excellent experience
,
5
. %
/
~
Customer Sexvice Call Cenfier
❑ 51% o.f subscribers have called Comcast
custamer scrvice
❑ Of those that called -
■ 27% called for si.gnal quality problems
■ 23% called to change the type of service
■ 22% called for loss of cable service
■ 20% called for billing questions
■ 13% encountercd a bu:sy signal
■ the avcrage wait time was 3.6 minutes
■ 39% report good or excellent scrvice
Important Services .
Very lmporiant Somewhat \ot at all ,
lmporli3nt Important ►mportant
• HIaTt/ 28% 22% 26% 24%
Emergency 73"/0 18% 6% 3%
sroaaclst
Video on Demand 9% 15% 36% 40%
Perspnal Video 12% 13% 30% 45%
Rccnrding
Internet f'hoiie 19% 13% 22% 46%
Service
A la Citrte 13% 21%. 27% 39%
Frograrriming ~
~
6
~
PEG Access
❑ 33% felt FFG access was important or very importatit
❑ Respondents would like to see the following local access
program.nung: •
■ Ciry govErnment meetings
■ Spokane Valley Arts, History, and Culture
• K-12 school activities and 'uistructional cnurses
■ Public safety and emergency information
■ Courses v1d special events from local colleges and universities
0 2% of respondents have utilized the local public access
stuclio; equipment or training
.
Most Important
o A majority of the respondents fel.t that all the following are important to cable TV service:
■ Price
■ Custoiner Service -
■ 1'icturE/sound quality
■ Availability of quality programming
■ Choice of charulel packages
~J
.
7
,
What Can the City Regulate?
o Basic service tier rates according to FCC benchmarks.
o Signal quality.
❑ Customer se.rvice standards. .
o Agrecd-upon or voluntarily contracted for
broad categories of video pr.ogramming.
o Other negotiated terms of the franchise
agxeement. .
Be.nefits to the commun.ity
❑ k'ublic, educational, and governmental (PEG) access,
equipment, facilities, and servi'ces:
0 lnstirutional Networks (I-Nets) provided for internal
use by governm.cntal and educational institution_s.
o Customer-service stasldards. '
o Adherence to safety codes.
o Syst'em upgrades.
❑ Franchise fee revenues.
❑ potential senior-citizen discount's.
8
.
Steps to Take ' ❑ Complete the technical review
oReview fuldings of thE ascertai.n.ment phase
❑ City makes a request for proposal.
o Conduct negotiations. _
❑ ApprQve or deny franchise r.en.ewal
~ .
. ,
~ .9
CITY OF SPOKANE VALLEY .
. Request for Council Action
Meeting Date: 09-13-05 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legistation AGENDA ITEM TITLE: Approva] ofthe 1'ollowing Vnuchers:
BACKGROUND: VQUCHER LIST VOUCHER 1 O`1'AL
latl"1'E Nurnber(s) VOUCHFR
- AMOUN 1'
08-22-05 7429-7479 1,482 362.30 •
08-26-05 7480-7526 114,725.37 ' GKAND TOTAL l 597,087.67
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Mary Baslington '
ATTACHMENTS Voucher Lists
~
vchlist VouCher List Page: 1
0812212005 9:53:52AM . Spokane Valley
Bank code : apbank
Voucher Oate Vendor t Invoice PO # DescriptionlAccount Amount
7429 . 8/19J2005 000740 AIR CONTROL HEATING & A/C, INC 4865A 40632 . AIR CONDITIONER REPAIR 343.64
" Totel : 343.64
7430 8/19J2005 000335 ALTON'S 71RE ' 6-7854 VEHICLE MAINTENANCE 23.77
• Tota I : 23.77
7431 8/19/2005 000037 AMERICAN LINEN. 682043 FLOOR MAT SERVICE 50.92
Total : 50.92
7432 8/19/2005 000859 AMERICAN PIANNING ASSOCIATION 08/18l05 APA -SUBSCRIPTION 65.00
Total : 65.00
7433 8119l2005 000030 AVISTA U1'ILITIES 504785 8/2/05 STREET IIGHTINGlSIGNAL POWEF 25,264.46
Tota I : 25, 264.48
7434 8l191'2005 000485 BARTON JEEP JECS42764 VEHICLE REPAIR 1,024.67
Total : 1,024.67
7435 8l19l2005 000173 BINGAMAN, GREG 08/17l05 GB Reimb. REIMB.'fF2AVEUMILEAGE-BING 75.18
Total : 75.18
7436 8J19/2005 000569 BROOKS, SUMMER 08117J05 SB Reimb. REIMB: OFFICE SUP('LIES 22.75
Total : 22.75
7437 8/19/2005 000101 CDWG TK85412 40642 BELKIN WIRELESS KEYBOARD & N 60.26
TL33445 40645 19" LCD MONITORS FOR CIlY AIT, 829.96
. . f" Total: 890.22
7438 8/1912005 000109 COFFEE SYS7EPAS INC 32736 COFFEE & TEA SUP('LIES 83.43
Total : 83.43
7439 8119/2005 000026 CONTRACT RESOURCE GI2QU1', INC. 4996 40520 CONTRACT RESOURCES GROUP, 925.87
Total : 925.87
7440 8/1912005 000683 DAVID EVANS 8 ASSOCIATES 175076 40562 DAVID EVANS & ASSOCIATE5 4,851.66
Total : 4,851.66
i vchlist J Vo cner List \pa9e; Z
0812212005 9:53:52AM Spokane Valley
Bank codc : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
7441 8/19l2005 000686 DEPAR7MENT OF LICENSING 08/19l05 DOL Cash ' CASH TRANSMI7TAL TO DOL 50.00
. Total : 50.00
7442 8/19/2005 000152 DEPAR7MENT OF TF2ANSPORTATION RE-313-AT654809080 SIGNAL & ILLUMINATION MAINT. 6,286.31
RE-313-AT850809081 S7ATE ROUTE ROADWAY MAINT. 4,112.66
Total : 10,398.97
7443 8119/2005 000825 GEOLINE POSITIONING SYSTEMS, GEO 184897 40612 TRIMBLE GPS 6,647.70
. . Total : 6,647.70
7444 8/19/2005 000505 H& H FINANCIAL SERVICES 276 COPIER LEASE PAYMEN7 201.79
277 COPIER LEASE PAYMEN'I' 307.06
278 COPIER LEASE PAYMENT 412.30
295 COPIER LEASE PAYMENT 233.28
Tota I : 1,154.43
7445 8/1912005 000009 HEWLEIT-PACKARD COMPANY 38588088 40650 UPS FOR CENTERPLACE 1,382.29
38595530 40650 UPS FOR CEN7ERPLACE 2,120.09
- Total : 3,502.38
7446 811911005 000860 MR ANSWERS, INC. 20105 PROFESSIONAL SERVICES 2,292.53
. Total : 2,292.53
7447 8/19f2005 000259 HUMANIX 148541 TEMPORARY EMPLOYMEN7 SERVI 290.40
Total : 290.40
7448 8/19/2005 000288 INTERNAI'IONAL CODE COUNCIL Od25762-IN 40664 ICC PUBLICAI'IONS 739.84
' Total : 739.84
7449 8/19/2005 000117 JOURNAL NEWS PUBLISHING 26537 ADVERTiSING 25.00
26538 . ADVER7ISING 111.00
26539 ADVE RTI SI N G 47.25
Total : 183.25
7450 8119/2005 000076 MC NUTT, STAN 08107/05 McNutt CITY MANAGER 2005 EVALUATION 2,645.44
Total : 2,645.44
7451 8/19/2005 000865 MUSE, DEL 08l15105 Refund REFUND SHELTER RENTAL DEPO: 50.00 Page: 2
vchlist Voucher List Page: 3
0812212005 9:53:52AM , Spokane Valley
Bank code : apbank ~
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7451 8/19/2005 000865 000865 MUSE, DEL (Continued) Total : 50.00
7452 8/1912005 000344 NFPA NFPA ID# 2182766 MEMBERSHIP RENEWAL-SCHOLTE 135.00
Total : 135.00
7453 8/1912005 000239 NORTHWEST BUSINESS STAh4P 55096 40657 NAME & POSITION PLATES 69.33
55102 40657 STAMP 41.72
55158 . NAME PLATE 12.26
Total : 123.31
7454 8/1912005 000623 NOVA SERVICES 08115105 Refund REFUND SHELTER RENTAL DEPO; 59.00
• • Total : 50.00
7455 8/19l2005 000187 NW MUSEUM OF ARTS & CULTURE 051N0253 40595 CAMP FIELD TRIP 95.00
• Total : 95.00
7456 8/19f2005 000652 OFFICE DEPOY 301310065-001 40640 OFFICE SUPPLIES 472.61
301310066-001 40640 OFFICE SUPPLIES 469.69
301321374001 OFFICE SUPPLIES. 227.44
301412256-001 40640 OFFICE SUPPLIES 293.75
ToW l : 1,463.49
7457 8/19/2005 000857 PORTER, LAWRENCE 1003 ' ENHANCE AUDIO TAPE 450.00
. Total : 450.00
7458 8119/2005 000494 PRO PEOPLE STAFFING SERVICES 4,257 TEMPORARY EMPLOYMEN7 5EF2VI 5£5.60
Total : 565.60
7459 8/19l2005 000322 QWEST 509-922-7091 8968 TELEPHONE CHARGES-MISSION P 98.19
509-926-1840 8948 7ELEPHONE CHARGES-PARK POC 97.10
Total : 195.29
7460 8l1912005 000341 RICOH CORPORATION 05097943612 COPY MACHINE LEASE 246.30
- 05097944048 COPIER RENTAL PAYMENT 412.30
05097963579 COPIER RENTAL PAYMENT 238.70
Total : 897.30
7461 8/19/2005 000415 ROSAUERS U-CITY 580122 MEETING SUPPLIES 26.66
•?ie: 3
j 1
vchlist ` J Voucher List Page: 4
08122/2005 9:53:52AM Spokane Valley Bank code : apbank ' .
Voucher Date Vendor Invoice PO # Description/Account Amount
7461 8/19/2005 000415 000415 ROSAUERS U-CITY (Continued) Total : 26.66
7462 8/19/2005 000324 SCWD #3 475-1495-00 8/10105 WATER CHARGES 41.06
Total : 41.06
7463 8/19/2005 000866 SHEi2ATON TACOMA HOTEL 08112105 Sheraton ROOM RESERVA710NS 521.00
Total : 521.00
7464 8/19/2005 000867 SKAY, LEE ROY 08/17f05 Barker ROW PURCHASE ROW CORNER TAKES 800.00
Total : 800.00
7465 8/1912005 000230 SPOKANE CNTY AUDITORS OFC, RECO 08/12/05 Rec. fees COUNTY RECOF2DING FEES 501.00
Total : 501.00
7466 8M9/2005 000172 SPOKANE COUNTY ENGINEER 05-52 COUN7Y ENGINEERING SERVICEE 8,221.80
05-53 , COUNTY ENGINEERING SERVICES 206,847.58
Total : 215,069.38
7467 8/19/2005 000001 SPOKANE COUNTI' TREASURER 08112l05 County COUN7Y CONTRACT PAYMENTS 1,165,740.73
Total : 1,165,740.73
7468 8/19/2005 000323 SPOKANE COUNTY U7ILITIES 0316081081608 SEWEFt CHARGES 254.69
Tota I : 254.69
7469 8/19/2005 000731 SPOKANE RESTAURANT EQUIP., INC 04-005 #6 811l05 KITCHEN EQUIP. CENTERPLACE P 23,175.67
Total : 23,175.67
7470 8119/2005 000419 SUMMfT LAW GROUP 27082 pROFESSIONAL LEGAL SEFtVICES 420.00
_ Total : 420.00
7471 8J1912005 000398 TAN MOORE ARCWCTECTS P3983 Part 2#20 iV11RABEAU POIN7 CENTERPLACE I 5,173.00
' . Total: 5,173.00
7472 811912005 000663 THE SEATI'LE TIMES 094228805 8/14105 ADVEI2TISING 632.81
7otal : 632.81
7473 8/19/2005 000093 1'HE SPOKESMAN-REVIEW 42365 7l31J05 ADVER7ISING 516.30
Total : 516.30
Page: 4
vchlist Voucher List Page: 5
0812212005 9:53:52AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
7474 8/19/2005 000177 U.S. POS'fAL SERVICE 8/12l05 SVSC Postage • SENIOR CENTER NEWSLEITER P( 163.19
Total : 163.19
7475 8/19/2005 000752 UNIVERITY APPLIANCE, INC. 86585 40501 KITCHEN API'LIANCES-CENTERPL 989.52
Total : 989.52
7476 8119l2005 000280 USI, INC. 032459550001 40643 LAMINATING FILM 166.40
, Total : 166.40
7477 8/1912005 000167 VERA WATER & POWER 0006-033021.00 STREEI' POWER LIGHTINGNVATEF 19.60
0007-017753.01 STREET POWER LIGHTING/WATEF 14.93
0008-010790.01 S7F2EET POWER LIGHTING CHARC 118.42
' 0010-003488.01 STREET POWER LIGHTING CMARC 11329
0011-010826.01 STREET POWER LIGHTING/WATEF 35.41
Total : 301.65
7478 . 8I1912005 000421 WITHERSPOON, KELLEY, DAVENPORT 130677 8/11/05 PROFESSIONAL LEGAL SERVICES 833.00
' Total: • 833.00
7479 8119/2005 000089 XO COMMUNICAI'IONS 0201537860 TELEPHONE/DSL 8 C[NTERPLACE 1,484.72
Total : 1,484.72
51 Vouchers for bank code : apbank • Bank total : 1,482,362.30
51• Vouchers in this report Total vouchers : 1,482,362.30
I, the undersigned, do certify undcr penalty of pe4ury, '
that the materials have been fumished, the services
renderetf, or the labor performed as descrtbed herein
and that the daim is just, due and en unpaid obligation
against the Ciry af Spokane Valley, aRd that I am
authorized to authenticate and certify to said daim.
Finance Director Datg
/~•~e: 5
vchlist Voucher List Page: 1
0812612005 2:54:41 PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7480 8l26/2005 000826 BIG SKY INDUS7RIAL 250782 40618 WATERBLAST SILICONE CLEANUP 781.20
Total : 781.20
7481 8/26/2005 000101 CDWG TM26217 40651 PLANAR LCD MONITOR 1,244.92
• TM57515 40649 NEC LT265 PROJtCTOR 2,517.00
TM72740 40649 NEC LT265 PROJEC70R 170.90
TP07573 40642 21°LCD MONI70R 648.83
Tota I : 4,581.65
7482 • 8l26/2005 000863 CENTURY WES7 ENGIPIEERING CORP. 022915 . 40670 STH AVENUE CONSTRUC710N MAP 1,454.75
Total : 1,454.75
7483 8/2612005 000326 CONSOLIDATED IRRIGATION DIST, #19 05859_0 WATER CHARGES 170.67
06377.0 WATER CHARGES 48.40
11534.2 WA7ER CHARGES 23.7'T
Tota I : 242.84
7484 8126/2005 000686 DEpARTMENT OF LICENSING 08126J05 DOL Cash CASM TRANSMII'fAL TO DOL 91.00
Total : 91.00
7485 8f2612005 000246 EAST SPOKANE WATER DIST #1 02051000 WA7ER CHARGES-EDGECLIFF PAI 557.06
' 09006100 WATER CHARGES 327,57
09026100 WATER CHARGES 172.49
09065100 WATER CHARGES 393.03
09078100 ` WATER CHARGES 157.18
Total : 1,647.33
7486 8/2612005 000028 FARMERS & MERCHAN7S BANK 08/15/05 MasterCard CREDIT CARD CHARGES 2,936.29
Total : 2,996.29
7487 8l26/2005 000875 GOODWIN, RHONDA 08111/05 Refund REFUND POOL RENTAL 250.00
Tota I : 250.00
7488 8l26/2005 000002 H & H BUSINESS SYSTEfvOS 132850 WIDE FORMA7 COPIEf2 PAPER 124.17
Total : 124.17
7489 8/2612005 000009 HEWLETT-PACKARD COPv1PANY 38611412 40652 HP COMPAQ DC5100 1,805.44
Page: 1
vchlist Voucher List Page: 2
0812612005 2:54:41PM Spokane Valley
Bank code : apbank .
. Vouchcr Date Vendor Invoice PO tt DescriptionlAccount Amount
7489 8/26l2005 000009 HEWLETT-PACKARD COMPANY (Continued)
38612746 40633 HP XW6200 WORKSTATION 2,282.84
38648925 40646 MULTI-POR7 CARD 173.60
• Total : 4,261.88
7490 8f26/2005 000052 HSBC BUSINESS SOLUTIONS 7004-0021-001-2498 SMALLI'OOLS & MINOR EQUIPMEP 556.46
Total : 556.46
7491 8126/2005 000259 HUMANIX 148684 7EMPORARY EMPLOYMENT 5ERVI 290.40
Total : 290.40
7492 8l2612005 000851 JAMES W. PRESTON 08/19l05 Refund REFUND SHELTER RENTAL DEI'O: 50.00
Total : 50.00
7493 8/26/2005 000117 JOURNAL NEWS PUBLISHING 26561 ADVER7ISING 40.60
26562 ADVERTISING 175,00
. 26565 ADVERTI S I NG 52.50
. 26566 ADVERTiSING - 33.75
26567 ADVERTISING 53.25
Total : 355.10
7494 8126/2005 000864 JUB ENGINEE(2S, INC. 0033744 40672 MONTGOMERY CONS7RUCTION M 1,227.97
Totai : 1,227.97
7495 8/2612005 000755 LEAGUE OF OREGON CITIES 2726 AVER7ISING 100.00
Total : 100.00
7496 8/26/2005 000879 MATHEWS, LAURIE 08l20105 Refund REFUND SHELTER RENTAL DEPO; 50.00
Total : 50.00
7497 8/26/2005 000033 MCPC, INC. 4784832 40653 OFFICE SUPPLIES ' 82.02
4785591 40603 PERMIT CENTER - CHAIR 320.08
Total : 402.10
7498 8/26/2005 000788 MEDIA JOE, INC. 2352 40665 MIC CONTROL FOR AN SYSTEM 1,848.84
Total : 1,848.84
7499 8/2612005 000855 MELINGER, BEN 50485 40659 POOL ROOPl1 EQUIPMENT-SENIOR 553.35
e: 2
~
vchlist Voucher List \Page: 3
0812612005 2:54:41PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7499 8/26/2005 000855 000855 MELINGER, BEN (Continued) I Total : 553.35
7500 8126I2005 000874 MILLER, SHAUNA 8l20105 Refund REFUND SHELTER RENTAL DEPO; 50.00
Total : 50.00
7501 8/2612005 000882 NORI'HWEST HVAC/R ASSOCIATION HVAD/R Scholtens MEMBERSHIP APPLICATION 275.00
Total : 275.00
7502 8126f2005 000058 OCCUPA710NAL MEDICINE, ASSOCIATE 858 . EMPLOYMENT Pt-iYSICALS 173.00
Total : 173.00
7503 8/26J2005 000652 OFFICE DEPOT 301674369-001 40641 COPIER PAPER 998.78
302027216-001 40647 _ OFFICE SUPPLIES 400.92
. 302096087-001 OFFICE FURNITURE -293.75
302096088-001 OFFICE SUPPLIES 293.75
302228717-001 40655 OFFICE SUPPLIES 340.77
302228718-001 40655 OFFICE SUPPLIES 6526
302243366-001 • OFFICE SUPPLIES-CREDIT -12929
302346831-001 OFFICE SUPPLY- CREDIT -107.60
302346832-001 40647 OFFICE SUPI'LIES 212.58
. 302393970-001 40656 OFFICE SUPPLIES 181.81
• Tota I : 1,963.23
7504 8/26J2005 000881 OXARC F148591 FIRE EX7INGUISHER SERVICE-SEP 7320
Total : 73.20
7505 8/261'2005 000883 PACIFIC NORTHWES7 PUBLIC, PURCHF 08/26105 Purchasing • REGISTRATION 165.00
Total : 165.00
7506 8/2612005 000342 PAPER PLUS 396615 40690 BWE PAPER FOR COUNCIL NAME 11.39
Total : 11.39
7507 8/26J20Q5 000119 I'IP PRINTING 1330031224 40680 SIGN ORDINANCE B(20CHURE 1,838.89
' • Total: 1,838.89
7508 812612005 000494 pR0 PEOPLE STAFFING SERVICES 4,485 1'EMPORARY EMPLOYMENT SEFtVI 565.60
Total : 565.60
, Page: 3
vchlist Voucher List Page: 4
0812612005 2:54:41 PM Spokane Valley .
Bank code : apbank '
Voucher Date Vendor Invoice PO # DescriptioNAccount Amount
7509 8/26I2005 000322 QWEST 509-921-6787 5116 TELEPHONE CHARGES-MIRABEAI! 41.94
Total : 41.94
7510 8/26/2005 000358 REGOR, NINA 7/29/05 NR Reimb. REIMB. FOR CONSULTANT/ HR/FA( 32.48
Total : 32.48
7511 8/26/2005 000191 RIVERFRONT PARK, GROUP SALES 1799 40624 DAY CAMP - DAY PASSES 209.75
Total : 209.75
7512 8/26/2005 000415 F20SAUERS ll-CITY 579913 MEETING SUPPUES 2.58
Total : 2.58
7513 8/2612005 000876 SCHMI7Z, MARGO 08/11f05 Refund REFUND SHELTER RENTAL DEpO; 50.00
Total : 50.00
7514 8/26/2005 000324 SCWD tt3 170-0040-03 WATER CHARGES 210.43
Total: 210.43
7515 8/26l2005 000090 SPOKANE COUN"I'Y INFORMATION, SYS 51049 . COUNTY IT SUPPORT 11,89E.78
Total : 11,896.78
7516 SJ2612005 000183 SPOKANE INDIANS BASEBALL CLUB SJ22105 Spo Indians 40597 DAY CAMP FIELD TRIP 116.00
Total : 116.00
7517 8/26/2005 000311 SPRINT PCS 0141276664-3 8/16/05 CELL PHONE CHAf2GES 566.79
Total : 566J9
7518 8/26I2005 000773 STUDIO CASCADE, INC. 943 7EMI'ORARY EMPLOYMENT SERVI 5,280.01)
Total : 5,280.00
7519 8/26/2005 000640 TME FOCUS GROUP 1331 Valleyfest BROADCAST 7ELEVISION - VALLE` 15,000.00
Total : 15,000.00
7520 8/26J2005 000877 VALLEY FOUR7H MEMORIAL CHURCH 08111105 Refund REFUND SHELTER RENTAL DEPO: 50.00
Tota I : 50.00
7521 8/26/2005 000167 VERf1 WATEF2 8 POWER 0012-004137.02 STREET POWER LIGHTINGIWATEF 35.57
0013-032589.01 S7REET POWER LIGHTING/WATEF 62.63
, "le: 4
_ . . . .
vchlist
Vo ch r List \ ge: 5
0812612005 2:54:41 PM . Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
7521 8126/2005 000167 VERA WATER & POWER (Continued) -
0014004275.01 STf2EEET POWER LIGMTINGIINATE 23.81
0014-032971.00 STREET POWEFt LIGHTING CHARC 41.57
0099-000005.00 STREET POWER LIGHTING CMARC 1,714.40
Tota I : 1,877.98
7522 8/26/2005 000739 WASH. DEPT. OF FISH & WILDLIFE 84 _ MAPS FOR BROADWAY AVE. REHf 46.00
85 MAPS FOF2 ARGONNE RD, OVERLP 44.00
Total : 90.00
7523 8J26/2005 000129 WRPA 05-294 40625 MEMBERSHIPS-WRPA 255.00
Total : 285.00
7524 8/2612005 000880 WSACRPD 08123/05 WSACRPI7 REGIS7RATIONS 390.00
Total : 390.00
7525 8/26/2005 000310 WSAMA 08/25/05 WASAMA RECISTRATION-DRISKELL 165.00
Total : 165.00
7526 8I26l2005 000766 YMCA OF THE INLAND NORTHWEST July, 2005 YMCA YMCA MANAGEMENT CONTRACT F 51,480.00
• • Total: 51,480.00
. ,
47 Vouchers for bank code : apbank Bank total : 114,725.37
47 Vouchers in this report Total vouche►s : 114,725.37
I, the undersigned, do certity under penalgy of pequry,
that the materials have been fumished, the services rendered, or the labor performc*d as desaibed hcrcin
and thai the daim is just, due and an unpaid obligation
sgainst tho Ciry of Spokane Valley, and that I am
authorized to authenticate and certify to said claim_
Finance Qirector Date
Page: 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 09-13-05 • 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 August 31, 2005
GOVERNING LEGISLATION: •
PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND:
OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS:
Payroll for period ending 8-31-05 Salary: $134,405.70.
Benefits: $ 62,182,04
$196,587.74 ,
STAFF CONTACT: Jason Faulkner
ATTACHMENTS
, .
; CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 13, 2005 City Manager Sign-off:
Item: Check all that apply: Z consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legisla6on
AGENDA ITEM TITLE: Intergovernmental Agreement for Commute Trip Reduction
GOVERNING LEGISLATION: RCW 70.94
PREVIOUS COUNCIL ACTION TAKEN: The Council previously approved 'interiocal
agreement C03-69 on November 12, 2003. That agreement allowed County CTR to retain the
City's state CTR funds in return for administering all CTR programs in Spokane Valley.
BACKGROUND: The attached interlocal agreement is between Spokane County and the City
of Spokane Valley. The agreement allows the Spokane County Commute Trip Reduction (CTR)
department to retain the City's state-issued CTR funds in retum for developing, implementing,
and administering CTR plans and ordinances for all affected employers within the City of
Spokane Valley. . .
~
This agreement replaces the previous agreement, C03-69, which expired on June 30, 2005. '
The agreement is for two years and this proposed agreement will expire on June 30, 2007.
RECOMMENDED ACTION OR MOTION: Staff recommends that the agreement be approved
BUDGET/FINANCIAL IMPACTS: The Gounty would retain the Ciry's state funds of
$31,457.92. If the agreement was not approved the City would have to dedicate these funds to
the CTR program and administering the CTR programs of all affected employers in Spokane
Valley. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative
Analyst ATTAC H M E NTS
1. Intergovemmental Agreement
`_J;.
After recnrding, return document to
~J Spokane Valley Cit.y Clerk
C ity of Spokane Valley 11707 E. Sprague Ave
Spokane Valley, WA 99206
1NT.E.RGOVERNM:ENTAL AGREEMENT
THIS AGREC1TEN'I', macle and entered into chis day of. Scptember, 2005 by and
bettveen the City of Spnkane Valley, a municipal corporation of the State of Washington, having offices
for the transaction of business at l 1707 E. Sprague Ave., Suite 106, Spokane Valley, WA, 99206,
hereinafter referred to as the "City" and Spokane County, a political subdivision of the Statc of
Washington, having offices fAr the trans=tction of busincss at West 1026 Broadway Avenue, Spokane,
Washington, 99260, herei.nafier referred to a.s the "Couoty," jointly hereinafier referred to as the "Partics."
~
W ITIYESSFTH `VFCFREAS, the Washiiigton State Legislature has adopted legislation eoclifed in RCW
70.94.521 Hirough 551, the purpose of whicll is to improve air-quality, reciuce traftic cougestion and
reduce the consumption of petroleum fuels through employer-based programs that encourage the use of
altematives to die single occupant vehicle for commute trips and reduce vehicle miles traveled (VM~I");
and . WHrREAS, the County and each affected ciry within Spokane County hsve adopted Com.11111te
Trip Reduction Ordinances and must implemcnt a Commute,Trip Reduclion (C"1`R) Plan for all major
employers; and . `j':F~REAS, the Washington State Department of Transportation has the statutory authArity
under Section 2 of RCW 70.94.541 to provide assistance to local governments serving the communities of
the State for the puipose of implementing Commute Trip Reduction Plans ancl Ordinances; and
CVHEREAS, pursuanC tn the provisions of RCW Section 70.94.544, the Washin;;tnn State
Department af Traiisportatiori is directed to proportionally distribute funcls to counties, and eounties upon
receipt of such limtls, proportionally distribufe the same to citics based on number of affected worksites,
to be used to i.mplement and administcr Commute'I°rip Reduction Plans and Ordina.nces; and
lntergovcrnmental Agreement for Commute Trip Reduction Page 1 of 9
~ %
NN'HEIZEAS, Spokanc County has entcred into an agreement with the Washington State
Department of Transportation under Agreement No. GCA4580, hereinafter referred to as "WSDOT
Agreernent;" pursuanC Co which Spokane County is eligible ro reccive a reimbursable iunount of funds
which the County will distribute to itsclf and cities to implemcnt and administer Commute Trip Iteduction
Plans ancl Ordinances; and
WHE1ZEAS, pursuant to the provisions of RCVV Section 70.94.527 (6), counties and citics may
enter intn ar,;reemenLs dlrough the Interlocal Looperation Act to coordinate the development and'
implementation of Commute Trip Reduction Plans and Ordinances; and
WFTFRFAS, Spokane County has allocated $31,457.92 to the City from the b*rant Agreement
No. GCA4580 which the City is now desirous of making available tn the Counry to perfonn those t3sks
whieh are the responsibility of the City.
NOW,1BEREFORE, for and in consideration of the mutual promises set forfh hereinafter, and
as aukhorized under chapter RCW 70.94.527 (6), the par[ies hereta'cio mutually agree as follows:
Sectioo 1: PURPQSE
The County has entered into a WSDO`I' AgreemenC with the Wa.shington State Department of
"I'rinsportation uiider which it will receive $165,568 for year one and year two to be based on rx.hibit I
"Punding Allocatinn Methodology". This funding is to be alloeated to the County and cities within
Spokanc County for their use in the implementation atid adrninistration of their Commute Trip Reduction
Plans and Ordinances. The County, based upon an allocation forntula establishecl by the Washington State
Deparhnent of Trinsportation, has detennined that the City shall rcceivc $31,457.92 from the WSL70'1"
Agreement from which it shall perform certain tasks. The City agrees to its proportionate share oP the
monies rnade available to the County in the WSDOT Agreement and agrees to allow Spohanc County to
retain its proportianate share in consideration of the County performing those ta.sks as more particularly
set forth in Aitaclunent "r1" attached hereta ancl incorporated herein by reference. In conjunetion with
allowing tlie County to retain its proportionatc stiare of monies, the City will execute any arid all
necessaty documents which may be required by the Washi.ngton State iaehartrrient of Transportation.
It is understood by the parties hereto, that in order for the County to perform I.hose tasks as sei
for[h in Atcachment "A" for the City, the City must perfarm eenain tasks. Attached hereto as Attachment
"B" artd incorporated herein by reference, is a listing pf tasks wfiich the City at,,Tees to perform in
conjuncCion witli the County performing thase t:asks set forth in Attachrnent "A."
Sertiun 2: nURr1T10N ' •
The County agrees to provide those tasks set forth in Section 1 and complete performing such
tasks an or before June 30, 2007. Section 3: TERI«1ATInN
Thc parties agree that this A,greement may be terminated by either party for material breach of
any provisi4n set forth herein, upon ninety (90) days advance written nolice to the olhcr party at the
address set forth hereinabove. Provided,-ho«<ever, the parties agree that any noti6ealion of tcrmination
shall set Fnrth the spccific provision(s) for which such notifcation is being provided and additionally,
[ntergovernmental Ageement for Commute `I'rip Iteduction Page 2 of 9 1 '
;
advise that if sueh default is cured within such ninety (90) day time fr~ne, said termination nolifcation
shall be of no force and effect.
In the evcnt of termination, the County agees to provide to the City all written documentation
which it has cnmpleted to the date of termination utider the terms of this Agreement. Aciditinnally, the
County agrees to return to the City tllat portion of the monies set forth in Sectian 1 hereinabove, which
has not been expended by the county, prior to the date of ►ermination, on the City's bchalf in providing
thosc tasks as set forth in AttachmenC "A."
Provided, iucther, the parties recogr.iizc that the Washington State Iacpartment of TransportatiAn
in Ageement No. GCA4580, has retained the right to un ilaterally'terminate all or a part of sucli conUact
if there is a reducl:ion of funds from the funding source. Accordingly, in the event that the \Washington
State Department of Triinsportation terminates all or pai: of the WSDOT Agreement wilh Spokane
Councy, and such action afFects the allocation of funds by the County to the City herein, andlor modifies
the tasks to be performed hereunder, the parties will immediately meet to renegotiate the provisions of
this Agreement. •
Seetion 4: DESICNATION OF ADMINIS 1'12ATOR
The Cnunty hereby designatcs Ms. Aurora J. Crooks, the Spokane County Transportation -
Demand Mariagement Manager, as its designee for the purpose of administering and coordinating the
County's responsibilitics uncler the terms ofdiis Agreement. '
Seetion 5: ACQUISITION/DTSPOSITION OF 1'ROPERTY
r ~J The part.ies heretn agree that any rcal or personal property acquired by t}le County with those
monies made available to the Cnunty by the City under Scction 1 hereinabove, shall be and remain the
sole praperty of the County upon acquisition and/nr termination of this Agrcement.
Section 6: COMPLIANCE WITH LAWS
The County agrees to observe all applicable fecleral, state and local laws, ordinances and '
regulations including, but no necessa.rily limited to, the Americans wit7i Disabilities Act and chapter 49.60 RCW, t.o the eYtent that dhey may have ariy bearing on perforniing those tasks tor the City as set fnrtli in
Section 1 hereinabove. Adclitionally, the County agrees to eomply with all applieable funding auclit requirements of the 1Vashington State Deparmient ofTransporcation in conjunction with performing those
tasks for the City. Section 7: NOTICES All notices called for or provided for in khis Agreemene shall be in writing and must be servecl on
any of the Parties eithcr personally or by certified mail, return receipt requested, sent to the Parties at tlleir
respective acldresses hereinabove giveii. Notices sent by certified mail shall be deemed served when
depositecl in the United States mail, postaDe prepaid.
1 Intergovemmental Agreement for Cammute Trip Reduction Page 3 of 9
,
Section 8: tU- AD .i rGS - ~
~
'I`he section h4adings in this Agreement have been inserted solely for the purpose Af coiivenience and ready rcference. In no way do they purport to, and shall not be deemed to, detine, limit or extend t:he
scope or intent of the sections to which they appertain.
Scctinn 9: MODiFICATION
No modiCcation or amendment of t}his Agreement shall be valid until the swne is reduced to
writing and executed with the same forrnalities as this present Agreement.
Sectic►n 10: ALL VVIZ1711i iGS CONTAINED HE12ETN
This AgreemEnt eontains all t11e ternis and eonditions agreed upon by the Parties. iNo other
understandings, oral or othen;rise, regarding tbe subject matter of this Agreemcnt shall be deemed to e:cist
or to bind any of the Pa.rties hereto. The City has read anci understands all of this Agreement, and now
states that no representation, promise or agreement not expressed in this Ag-eemenC has becn niade to
induce the City Co execute the same.
L\` W1T\TESS NVHERFOF, the parties hereto have hereunto set their hands and seals the clay
and year first abovc written.
]3OARD OF COUN'1"Y COMIvLiSSIONERS
or sNOKANE courrrv, WASHING r~ON
Phillip D. Harris, C}iair
CI`I`Y OF SPOKANE VAL1..6Y
13y: Tndd AZielke, Vicc Chair
llavicl Mercier, City Manager .
. ATTEST: Mark fticharcl, Commissioner '
A'1 l .h S"C:
Christinc Bainbridge, City Clerk
By
Daniela Erickson, Clcrk of the Board
fntergovernmental Agreement for Comrnute Trip Reduction page 4 of 9
Fxhibit I
Funding Allocation Methodology
Funding allocated by WSIaOT for local implementation of CTR aelivities is based on t:he forniula
fol]owing: -
1. Each county is provided $1,260 per afif-ecled wrorksite as a base allocation to ensure suffcient funding
to meet jurisdictian obliDations pursuant to .RCW.70.94.521-.SS l. The number of affectcd worksites
in each county shall be bascd on information containecl in `VSDOT's database as of May lst of each
Year• .
2. • T1ie remaining funding will be allocated based on the number of comrnute trips reduced per day i.n
each county, beriveen each worksite's base year survey ancl its most recent survey, provide_d that
every county receives at least $80,000 per year. For the period July 1, 2005 through June 30, 2006,
the most recent survey period will be 2003. For the perioct July 1, 2006 throuoh June 30, 2007, the
most recent survey period will be 2005.
July 1, 2005 - June 30, 2006 Allocxtinn
Work.tiite Adclitional to Number Trips $ase Ferformance Acliieve "1 otal
Coun E of Sites Reduced/Qx y Allocation Allocfition $80 000 Floor Allocation
Be.nton $50,000
Clark 48 1,157
$60,480 $29 309 $0 $g9,7g9
Ki.ng 527 11,863 $664,020 $300,511 $0 $964,532
Kitsap 31 1,522 $39 060 $38,555 $2,385 $80,000
Pierce 80 2,900 $100,800 $73,462 $0 $1.74,262
Snohnmish 88 806 $110,880 $20,417 $0 $131,297
Spokmie 100 1,562 $126,000 $39,568 $0 $165,568
Thurston 62 550 $78,120 $13,932 $0 $92,052
«atcom 23 421 $2g,9g0 $10 665 $40,355 $80;000
Yalcima 23 122 $28,980 $3 090 $47,930 $80000
TOTAL 982 20,903 $1,237,320 S529,501 $90,670 $1,907,SUU
Any distribution of funds to jurisdictians within a county shall be clone on the basis of the number of
. affected Nvorksites in each jurisdiction. For example, if there are hvo (2) jurisdicCians in a county, each
with 6fty percent (50%) of the total number of affected warksites in the couniy, any division o.E funds
within the county sHould provide each of the two (2) jurisdictions with fifty pcrcent (SO%) of tlle total '
county funding allocation.
Page
InterSoverrunental Agrecment for Commute Trip Reduction 5 of 9
,
ATTACHVTENT "A"
~
STATEMENT OF WORK The County will:
1. f'romote c:onsistency within all affected loaal government jurisdictions within Spo}:ane County,
while serving the City's speci.fc needs. .
2. Maintain andadminister the Cit}''s CTR prdinances and Plan.
3. rmploy a full-time Transportation Demand Management Manager to administer dle County's ancl
City's CTR Plans and Ordinances.
4. 7'ake reasonable measures to identify and notify all affected employer-s within the County.
5. Assist each affecteci employer within dle City in preparing a prog-am and promoting the
principles o1'Transpoitation Demand Managemenl (TJaVi) with the employer's employees.
6. Maintain an appeals process consistent with RCW 70.94.534(6) and khe procedures contained in
the CTIZ Guidelines whereby etnploycrs in the local jurisdiction may obtain an exemption or .
modifcatiov of CTR requirements, including the establishment of alternative SOVNMT goals.
Within 30 days from thc dste of approval, submit to WSl70°1 the name and cmployer
identification code for any worl:site lhat has been jranted an exemption or goal modification.
Include informat:ian about thc duration of all exetnptions and infnrmation on the type of boal _
roodi_fication granted. 7. Submil to VVashinoton State Deparhnent of "1"ransportation periodic progress reports summarizing
the overall C'I'R implementiilion costs incurred by the County and shall be reported in a format
provided by WSI70T.
8. Provide WSD01' with a public heK►ring notice and copies of any Proposed amendments to the CYR. ordinance, plau, and/or administrativc guidelines withitt the first week of t11e public review
pcriod and fnal copies of'all actions withui one (1) month of adoption.
9. Coordinate anci administer baselinc and measurement CTEZ employer surveys. Pravide
cmployer sunrey assistance, tr►ining and statc;-supplicd survcy Forms.
10. \btify Washington St:ate Dcpartrnent of Transportation prior to sending any surveys to University
of Washington for processing. `1'he notificatien musl include the name of the worksite, employer
identification cnde and type of survey for each sun.-ey beina submitted for processing. The
-notificativri shall be submittetl as an electronic sprcadsheet via electronic mail. The County agees
to wait for confirmation frnm `VSDOT prior to sendinj or delivering the surveys for processing.
1 l. Provide WSUOT with updated lists of affected worksites and jurisdiction contacts on a ytiarterly
basis. These updates will bc submitted electronically in a format specified by WSDOT.
Intergovernmcntal Agreement for Conunute TriP R.eduction Page 6 of 9
. .
12. Continue to monitor the programs of each of the affcctecf employers in the City to determine
compliance with the C'1'R Ordinanee and Plan. Complete annual review employer C'1 K progi•ams
including a cletermination as to whether tlie employer is acting in good Faith to meet the goals
established by the CTIt Law. Wittun 30 days from the date of approval, submit to WSDOT one
eleetrnnic or hsrd copy of any approved employer amlual reports.
13. Provide on-going support to all employer designated Employce Transportation Coordinators
' (.F.TCs) and assist ETGs in faeilitating regular employer nerivorking onportunities and obtaining
infonnatiori nccessttry to perform their duties including information materials that explain a
range of ineasures and activities to encourage emplnyee use of commule alternatives.
14. Market available services to affected employers to assist in accomplishing CTR goTls.
15. Work collaboratively with and provide technical guitlttnce and support to employers in
devcloping suecessful CTft prograrris. 16. Conduct al: least one Basic ETC Training Coiuse pee year, usinb WSllOT-provided E-TC
Handbook and other trai.ning materials reviewed and approved by WSDOT.
17. Prepare and submit to WSDOT an annual work plan which outlines major tasks and aetivities to
bc conducted fnr the coming year,
l 8. Provicie employers with written information on basic requirements of I;hE C rR ordinance, CTR_
zones and an explanal:ion of how the plan is intcncleti to achieve its goals.
~ 19. Attend transPorcation fairs at affectod emP - lo}~er worhsites to encourage high-oecuP ancY vehicle
commuting and promotc l:he employer's CTR program.
20. Desip, construct and distributc worksite Commuting Qptions Boarc1s. 1'rovide prof'essional
materials such as broehures, flyers, posters, newsletters, clip art and other tools Co assist employer
implementation of worksite CTR programs.
21. Submit any requests for exemptions or mndifications froin CTR requirements includiiig requcsts
for goal modifc:tCions, to the Wa„shington State Deparhneilt of TransporG3tion for review and
comment within fve (5) days of receiving such requests. SpoF:ane County shall nol approve or .
deny any such requests until receiving comment vn the request froin WSDOT within five (5)
days.
22. Provide all affectcd employers with the WSDOT-approved "Program Description & Employzr
Annual Report" forni. Ensure completecl repnrts are submitted by affected employers to meet
3pplicable deadlines. .
23. Submit to Washington State Department of Transportation periodic invoices along with proaess
reports that accuratctp assess the prngress made by CoiinCy, on behalf of City, in implementing
RCW 70.94.521-551.
[nce aovernmental Agreement for Commute Trip R.eduction Page 7 of 9
L_,i
Repart contents include: ~
a. 17etailed summary of CTR events and projects, including irnplementatinn assistance
provided to iiffected ernployers within the City;
b. Actual total C'I`It e:cpenditures used by the County for all state C'I'K fimds expended by the
County dur'►ng the previous quarter for thc purpose of C 1'R implementation using WSDOT
_ • prGapproved farmat; e. Updated Iist of affected emplnyers and worksites (electrnnic);
d. Toml number of wnrksites by jurisdiction;
e. List of sites which have applied for exemptions or goal modifications;
- f. Hard copies of any employer annual reports approved during quarter.
24. Establish and maintain bnoks, records, doctmients and o4her evidence and accounting procedures
and praeliees sufficient to reflect praperly all direct and indirect costs of wh.ttevcr nature claimed
to have been incurred and anticipated to be incurred solcly for the perfonnmlce of this ar,, eemenl.
Fstahlisli and maintain a separate "CTR AccounY" within Spokane Cotmty along wit}i Supporting
documentation sucb as payroll and time recorcis, invoices, contracts, vouchers or praducts
proving in proper detail the nat«re and propricty of the charges.
25. NntiFy «'ashi.ngton State Department of 1'rimspori<iCion of any prop9sed changes in CTR zone
boundaries and/or values (proportion of Single-Occupant Vehicle commute trips and/or commute
trip Vchiele Miles Traveled Ner employee).
26. Partieipatc in local implementation of the statcwide CTR public awa.reness aricl reeo&roiCibn
progams developed by Washington State lleparkment of Transportation. 27. Make recommendations to the City for policies on parking and site design tivhich rvill encnurage j
the use of alteniative transportatinn modes.
. 28. Encouraac employers to develop site designs ancl itnprovernents to office and industrial sites that
promote the use of altemative transportation modes.
29. Assist Washington State Deptirtmenl of Transp9rtation with CTR evaluation.
30. Offer ancl assist with tlie nlarketing of the scstcwide RideshAreOnline.com., electronic
ridematching service. 31. Serve as li3ison between Washington State i7epartnent of Transportation and cities, to,.vns,
transit agencies and regiona) transportation planning organizations for Che purposc of RCW
70.94.521-551.
Intergoveminental Agareement for Commute `Crip Iteduction Pagc 8 of 9
,
~ . ~ ATlACH1VIENT "13"
STATEME\TT OF R'O1tK
'1"he City will:
Provicfe Spokane County with cnpies of any proposed ainendments to thc CTR. Plan and Ordinance.
2: Provicle Spokane County with cnpies of any CTR-related Arnendinents to parking ordinances prior to
public review.
3. Develop, implement and rnaintain its own CTR Progcin as an affected employer or as otherwise
specified in the C'I°R Task Force Guidelines or RCW 70.94.521-551. .
4. Reimburse the Counry for the servicas providcd by this Agrcement in an amount 'equal tn the City's
share of the CTR funding as provided in RCW 0.94.544.
.
i~ InterSovenunental Agreement for Conunute Trip Reduction Page 9 of 9
~ .
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 13, 2005 City Manager Sign-off:
Item: Check all that apply: Z consent ❑ old business E] new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of Resolution 05-020 Establishing Location for Alcohol
Consumption
GOVERNING LEGISLATION: Spokane Valley iVlunicipal Code 6.05.090
PREVIOUS COUNCIL ACTION TAKEN: Council previously designated select areas within
Spokane Valley Parks and Recreation facilities where alcohol may be permitted: GenterPlace's
great room, dining areas, and kitchen facilities and the Mirabeau Springs Area; and the
Mirabeau Meadows Park. The Parks and Recreation Department developed a permit
application and researched insurance requirements with Washington Cities Insurance Authority;
and also developed procedures to issue alcohol permits and limits of that use.
Staff requests the designation of the CenterPlace upstairs lounge and dance floor and the
executive conference room as additional designated areas where alcohol may be permitted.
BACKGROUND:
RECOMMENDED ACTION OR MOTION: Approval of Resolution 05-020
BUDGET/FINANCIAL IMPACTS-
STAFF CONTACT: Mike Jackson, Parks and Recreation DirectorlLisa Bracco, CenterPlace
Coordinator.
ATTACHMENTS Draft resolution 05-020
F .
. i
Draft
C1TY OF SPOKANC VALLEY
SPnKAN~E COU1'TY, ~VASI~YCTO\'
~ ~ RESOLUTiO\T \`O.OS-O20
A RFSOLiJTION F,STABLI5HING SE~Ei CI'ED LOCATIONS FOR CONSUMPTION UF
ATrCO.E[OL ON PA1t:K PROPERTY iN TFIE Ci7'Y OF SFOKA.NE VALLEY.
WHEIZEAS, the City Councii adopted Spokane Valle}r Municipal Code 6.05.090 of, which, in
part, prnvides that "the City Couiicil shall, througM Rcsolution; designate specific areas in City l'arks and
Facilities wherc alcohol may be consumed after obtaining an Alcoholic Beverage Permit; and
WHEREAS, the City Council desires to now designate certain, limited areas where alcohol may
be consumed in City Parks and Facilities; and
VVHERCAS, tlte City Council may desire from timc to Ci.me to review and adjust those places
where alcohol is snd is not aIlowed to be consumed in City Parks and Facilities.
NOW TI-IFRrFORE, be it resolved by the City Council oC the City of Sppkane Valley, Spokane
CoimCy,lUashington, as follows:
Sectian 1. 17esignation of Areas Where Alcohol May be Consumed. The City of Spokanc
Valley adds two specific areas in City parks or facilities at which alcohol may be consumed if and when
an Alcoholic Beverage Permit is obtained pursuant to SVMC 6.05.09.B and C. The two areas arc both
located in CenterPlace at Mirabeau Point Park as follows:
1) The Second Floor i.,ounge and Dance floor area, and
2) The Executive Conference Roo►n. .
Both ofwhich are furGher delineated in ACtachment 1 to this R.csolution
Section 2. Areas Current:ly Desianated: F1reas that have been previously dcsignated by
Itesolutiori 04-010 are:
1) CenterPlace at Mirabeau Point Park: Great Koom, kitchen, Senior Dinino Room and I'rivate Dining Room
2) Mirabeau Springs aC vlirabeau Point Puk: all of that area known as V[ir3beau Springs
Scetion 3. Effective Date. This Resolution shall be in full force and effeetive upan
acioption. -
Adoptcd this day of September, 2005.
City of SpokFUie Valley
A'1'i'FST: Diana Wilhite, Mayor
City Clerk, Christine Bainbridge
r.., Approvcd as to Form:,
~
l ,
City Attorney's Office
Resolution 05-020 Alcohol Area Designation Page I of t
Attachment 1
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M1NUTES
City of Spol:ane Valley City Council Re:gular Meeting
Tuesclay, August 23, 2045
Mayor Wilhite called the meeting to order at 6:00 p.m., ttnd welcomcd everyone to the 73`a iiieeting
Attendance: Cily Staff.
Diana Wilhite, Mayor Dave utercier, City Manager
R.ich Munson, Deputy Mayor Ni.na Regor, Deputy City yIanager
llick llenenny, Cauncilmember lvlike Connelly, City Attorney
Mike TaeVleming, Councilmember Ken Thompson, Finance Director
Mike Flanigan, Cnuncilmember Cary Driskell, Deputy City Attorney
Gary Schimrnels, Cauncilmember Neil TCersten, .Publie Works Direetor
Steve Taylor; Counc:ilmember Mike J3ckson, Parks and Recreation Ipirector
- Tom Sclioltens, Building QfFcial
Cal Walker, Policc ChieF
Steve Worley, Senior Engineer
"l3ing" Bingaman, IT Specialist .
Chris 13ainbriclge, City Clerk
Il\`VOCATTON: Yastor David Johnsan, Valley United Methodist Church gave the invocation.
PLEDGL OF Ai.I,FGLANCL vlayor Wilhite led everyone in the 1'ledge of Allegiance
1tOI.,L CALI.. City Clerk F3ainbridge called roll; all Councilmembers were present.
APPRQVAT.. OF AGEiNDA .It was ntoved by Councilme»:ber Taylor, secoirded by Depury eVfcryor
Miaisait, ar:d r.nianimously agreed upon to trpprove the agetttlu crs sttbmitted.
COYlM1TTEE,130A12I7, LIAISQN SU1~fMA.RY REPQR`CS
Councilmcmber DeVleminQ: other than the usual meetings, he had no report.
Councilmember Flanigan: reported that he toured the impressive new CenterPlace building; and he
partieipated and assisted in the Spokaiie Vallcy Museum's gratld opening.
Councilmember llenennv: mentioned that he attcndecl the Spokane Reginnal Mealt}i Board meeting; and
mentinned as a reminder, that the meeting eontinues with che_ groups involved with the TMDL (total
maaimum daily load) such as tl-ie DOE (Department of Ecology) and tlte EPA (Envirotur►ental Protection
Agency) to discuss negol:iaCions on the TMTaI.'sewer issue, t11at the meeting begi.ns at 9 a.m. tomorrow at
the Fire Trainitag Stltion east of the Community Collegc,
Councilmcmber Schimrnels: stated that Ite attcnded some Planning Commission meetings, and the
Muscum grand opening.
Cotmcilmeinber TayInr: explained that he attended the Spokane Valley Chamber of Commcrce meeting
and thai they adopted their budget fnr next year, anci the new 2005 Spokane Valley maps are available for
purchase; and he too alcended the Museum's grand opening.
DeputX Mayar A!funson: e:xplained tliat he chaired the Ad Hoc Steering Commictee af the GMt1 where
they discussed numerous items, and are attempting to establish relationships wi1h the Couttty and ather
cities to determine the best way to do joint plaittting for the urUan growth areas; that he also visited with
new the Corpnrate Executivc Officer of STA (Spokarie Transit AuthoriCy) to discuss issues that might
lielp identify non-riders' reasons For not using the transit system.
NIAYOK'S R.FpORT: Mayor 1Vilhitc announced she attended a luncheon to honor those women past
anti present who werc designnted ".Miss Spokane Valley;" arid that the first Miss Spakane Valley was in
attendance; that she attcnded a skateboard competiYion at the YNICA, and that stte was proud to have been
Council Meeting: 08-23-05 Page l of 6
Approved by Cnuncil:
]araft
asked to, and did read a letter oF eongratulations to a young ma.n who earned his Fagle Scout award.
Mayor WiJhite then read a proclamalion in eelebration of the anniversary of the 190' Amcndment
guaranteeing women the right to vote, proclaiming August 26 as "Women's Equality Day."
PTJBLTC CONIIVW NTS Mayor Wilhite invited Public commerlts. Ann Murohy, 420 \W 20'h Spokane: as
13resident nf the L,Qague of Women Voters in the Spokane area, expressecl her apprcciation for the Mayor
reading the proclamation; and invited men and Nvromen livirig in the aeea to consider joining their
organ ization.
l. FUBLIC HEARllVG: 2006 Revenues - Ken Thompson
Mayor Wilhite opcnecl the public hearing at 6:16 p.m. and then invited rinance lluector Thompson to
give an overview of the 2006 revenues. Iv1r. Thompsdn explained that tonight is the first of three budget
hearings, but tonight's hearing will facus on the projected 2006 revenues; and subsequent hearings will
address the remainder of the buclaet. iVLr. Thompson mentioned that some of'the expenditures under tab # l
are already out-dated and new data will be forthcoming. ,1rlr. °1'hompson estimated a 9% decrease in the
amount of property tax levy from the cunenC year; and estimated an increase in sales tax of $1.4 million;
anct $150,000 incrcase in rnc rcceipts. Vlayor Wilhite invited public comment; no comrnents wcre
offered and Mayor Wilhite closed the public hearing at 6:20 p.m.
2. CONSCYT AGENDA Consists of items considered routine which are approved as a graup. A
Councilmember may remove itn iCem from the Consent Agenda to be cansidered separately.
(Notc: Council may entertain x motinn to wxive reading and approve Conscnt Agendx.)
a. Approval of the Following Vouchers:
VOUCHFR 11ST VQUCNrR TOTAI,, ' .
DA`t'E Number(s) VOUCI-TER
AMOUNT ^
08-08-2005 7319-7374 254,652.71 -
08-12-2005 7375-7420 205,346.19
GRAND TpTAI.. $459;998.90
b. Approval of Payrol l of August 15; 2005 of $141,116.82
c. Apprnv3l of 12esnlution 05-017, Speed 7one, Ncss Flementary School d. Authorization of City Manager's Signature on and APproval of Senivr Citizen Assvciation
lviemprsndum of UnderstFmcling
e. Approval. of Cnuncil Reaular Meeting Minutes of August 9, 2005
f. ApNroval of Special Council Executive Session Uleeting vlinutes of August 15, 2005
g. Approval of Council Study Session Nleeting Minutes of Augiist 16; 2005
It wirs moved by GouirciLiremher DeVleiniiag, seconded by Councilrnentber Denerrny, and unaninaously
agreed tipon to ivaive llie reacliiig crircl upprove the Conscnr Agei7clu.
NE`V BUSINESS
3. Proaosed Resolut.ioti 05-018, Nlovember Ballot Measure - Chris Bainbridge
City Clerk Bai.nbridge explained the reason for the resolution is to place a measure on the ballot as a .
resulC of the Indcpendcllt Salary Coniniission's salary Schedu(e for the Mayor and Council, and that the
schec3ule was subject to rcfcrcndurn petition, that a petition was timely filed, but City staff wa,s informed
that the elections olfic:e was not able to verify tlie sufficiency of die petition and the numUer of valid
signatures within the time necessary to place such measure on the November, 2004 ballot, and that the
rnatter Nvould be placed on the \TOVember 2005 ballot; and that subsequently, the City was infnrmed that
the petition did met the suffieiency provisions, including the nurnber of valid sio atures. Mayor Wilhite invited publie comment no comrnents were offered. It 1va..r mnved by Delmty 1Yfayor Mtuzcon urtd Cowicil Nfeeting: 08-23-05 Page 2 of 6
Approved by Council:
l7raft seconded hy Cointcilmember Flanigarr to crpprove Re.solutiun 05-018. Yole by Acclnrnutiorr: bi Favor.•
Ununimous. dl)posed: Nor7e. AGstentiorrs: iVone. Malian carried.
~ i
4. vfotion Consideration: Council Sets Preliminarv Budect Hearings - Ken Thompson
Finance Director Thompson cxplained that snother requirement in the State budget lacv is for Council to
forrnally set the dates for the budget hcarings; and that staf_f recommends dates of September 27 and
October 11, 2005. Maynr Wilhite irrvited public comment; no comments were offered. It Was Inoved by
Del-7uty iVayvr etd'un.son crnd secwicled by Cotnicilnienrber Flunigan to set the public hearings for
consideratioir of the 2006 bardget, f.nr,September 27, 2005 und October 11, 2005. Vote by Aeelamcrliori:
In Favor: Unrnrimous. Opposed.• None. Abstentiotls: Aloire. Motion carried.
5. Motion ConSideration: Appeal APP 04-05 - Carv Uriskell Deputy City Attorney Driskell eaplained the background leading to this appeal, as per his August 23,
2005 Reyuest for Council Action Farm; that Progress Properties filed a Motion Ca Dismiss iVls. Viljanen's
appeal stating the appeal did not mcct the requirements adopted by ordinance. Mr. Driskell explained that
each pvTy shall have fiivc minutes to present thcir arguments, with the rnoving party 1'rogress Properlies
going f3rst. Afrer considering the arguments, if Council deterrnined the motion should be granted, Mr.
Driskell said diat would cnd the appeal for vis. Viljanen; her remaining rcmedy would be to appeal the
matter to the Superior Court, and NLr. Driskell said he would clrail the appropriate,ordcr to bring back to
Council within a week nr hvo. By contrasC, Mr. 17riskell explained tltat if Council determined the appeal
requirements were rnet, Counc;il would need to sct a heiiring date to allow argument nf the merits of the
underlyi.ng appeal. It was detcrmi.ned N1r. 17riskell would be the timekeeper for the five minute orations.
Mark Roecks, 103 N Locust Rnad, Spokane, Washington, 99206: Mr. R.occks said he speaks tonight as
legal counsel for Progress Properties, LP; that on May 12, 2005 public testimony was taken on the rezone
application; a determination was made, which was appealed July 5, 2005 by the appellant. Mr. R.oecks
said that on July 19, 2005, Progess Properties filed a i~tTotion Co Uismiss the appeal; that Spekzine Valley
Viunicipal Code 10,35.150 provides certain things that must be containecl in an appeal, and "that such
wrilten appeal shall allege speci..fie errors of la«< or f'act, Specif c procedural errors or errors in the
interprctakion nf the Comprehensive Plan or developer regulation; upon written appeal being filcd within
the time allotted and upon payment of fees as required, a hearing will be held in aecorci with the appeal
procecfures adopted by tlle City Council." Mr. ]toecks stated he quoted from vlunicipal Code 10.35.150
diat was in place at the time this appeal was filect July 5, 2005. Mr. Roecks stated that thereafter, a more
eomprehensive statute was aclopted by the City of Spokane Valley, essentially saying the same thing, "a '
sepatatc and cancise statement of each error alleged to have bcen committed" (again he statecl, Yhis was
referring to what an appeal must contain); and "a separaee and concise sfatcmenc of fact upon wltich the
appellanc rclies tn sustain the statement of crror." Mr. Roecks stated thae he believes a eeview of the
appeal tivill sliow it only contains a disagreement and therc are no specific allegations of any error of law
qr crror in interpretation of any codc or statute.
Councilmember Uenenny asked when the builcling is anticipated to beoin; and Ivlr. Roecks statetl that
prior to this appeal being .filed, the builder was in a position to seart operation for the development; and
this appeal has put the building on hold. CQUncilmember 17enenny asked confirmation that if the appeal
wenc chrough, it would mean sriother delay nf approximately 45 days. Ivlr. Roecks stated khat any more
delays would be prejudicial to his client; that a review of the appeal document will show that it does not
confirni witfi the taws of the City of SpAkane Valley as fo what a valid appeal sllould have, and is merely
a statcmcnt that the appellant is unhappy with the results.
Hilleri A. Viljaalen, 15212 E. Valleyway: she stated that the property as recited already abuts the property
of the developer pariy oiz the south side; and she stated that she wanted tn clarify that she does not believe
that Mr. Rnecks ha.s merit to dismiss her case at this point, atid she asks Council to revicw that and does
not necessarily need an answer toniaht; she states that she is not will.i.ng to settle for minimum standards
in that area, or high density zoning up to 22 units, aIthough she realizes the developer is laoking at 16
Council iMeeting: 08-23-05 Pagc 3 of 6
Approved by Council:
17raft
units. NLs. Viljanen said thal she may havc to take iliis to the legislature and perhaps change some laws;
that shc desires the dcveloper make a conimuniCy aenter or mini-park or snme other type of developmenC, ~
of which she siated she and oLher neighbors would approvc as was citecl in their `1ay 12, 2005 publie
mecting. She said that if the letters contained in the recorci are read, they all oppose thal particular
devrelnpment ici that arEa; t:hat most neighhors are will'►ng to look at green sNace, or a park or communiCy
ccnter and wants anydiing bu[ high density; and she stated that if any type of development goes in the
ho«si.ng area, she prefers it to be less ciensity. She sCatcd she underseancls people need to make money bul
nqt at the eYpense of the neig. borhood or fiiture generations; that she has no objections to improving the
look of older areas, but not simply "for t}le bottom Iinc." Ms. Viljanen stated dlat she undcrstands the
new cin, has many issues to consider, but thosc living in the area are opposed to housing high density
development in the zirea. She further stated that in citing a particular article that appeared Saturday, July 9
in the local paper by Andrian $orjeous, several issues were brouglit up on this issue, and she reAd the
followinn from that article: "thc urban area denuded and develnpecl at loaal communicies' expense; rules
of die game aren't in the community's best interest," Mr. Viljanen saicl l'hat legal notices in the
newspaper are too small to reaci, and zoning chan3es do occur but most clan't ever see them. She f'urther
stated that the community would have responded in the ten-day period if they would liave knowm to
. appeal - and that was her case; she stated that the ten-day pcriod probably went tind slae did not l:now to
appeal; all that in responsc to Mr. Roecks' statement dhat she did not adhere to some timelines. Mr.
Viljanen saict she is not interested in timelines but is inCerested in «fiat will happen to the neighborhood in
the lono range. She also stated that citizen's lestimonies are less credible t-han the professionals; ancl that
she spe.al:s for the comrnunity. 1n apparent fiurther comment about the newspaper article, she stated that
residents in that arca (Ponderosa) for long periods of time beeame irrelevant in their clecisions about what
they wanted or needed; il is titne that governmenCal officials recognize Che will of all citizens; although
she stated she reaIi7.es Council eannol address everyone's need. She further stated that rE;sictcnts in local
communities pay the price; Iaca) governmenC looks for more ta.Y revenues and government and
devrelopment win and dhe people of lhe neigliborhood lose. ~
Deputy City Attoniey Driskell reminded Council thlt there has been no motion to supplemcnt the record,
ancl suggested the rePerence to the July 9 newspaper is an attempt to supplement the record, and Chereforc
reconunends Couneil disregard that portion. Mr. Driskell reminded Council that Yonight's issue is
whether the appeal cfoeument filed by,7s. Viljanen meets the require.ments of the ordinanee.
Brief discussion took plaee regardina the issue Council is to decide upon, and t}le content of the
Memotanduttt of Authorilies. It ►vas then moved by Coiurcrlrnember SChIAJAICIS, triid seconded by
Couricilmeirrber Taylor, to disnaiss t/ie appeul 0►7 t►vo couizts: testinroriy dve,s not strow specific errors and
alsv dves trot sfrrnv a prviceclrn-t~l problent. Yo1c by Acclarylation: hi fi'avur: Muyor 6TJilhite, arrd
Cotrncilntembers .Sclri»Tmels, 2"aylor, u►rd DeVlenting. ppposed• Depr.rty A16yar A~Iiutsoit, atul
Cc)uncil»zembers Tlatriguri and Derretrrrv. ?llfotron passed to dismiss tlre alipeal.
6. Motian Consideration: C;ommunit.y College Lease for CenterPlace - vlike Jackson
Yarks and Recreatinn Direction Jackson explained the terms of the Icase, apologized for the last-minute
changes but noted he just received the revised document this afi:emoon. Mr. Jackson brought Council
attention to d1e minor changes as indicated by the yellaw highlighted areas, adding that the parking issue
can be adjusted later if neccssary. Ct tinas moved by Cocntcilmenrber Denenmy rnrd secontied, to authorize
tlte City.rl9arrager to finulize arrd e,recute the lease hehveen the City of S'pokarle Yalley und the State of •
Wushington Comntunlry Colleges af Spokane, District 17 for CetlterPlnce cJassraams. Mayor Wilhite
invited public com.mcnt.
I:velyn Santesson, 129] S E Broadwav: spoke of her concern for CenterPlace parl:.ing fQr the seniors, and
wanted to ensure the college students don't take t•he places close to the senior's entrance a.s many s-eniors
will be in wheel chairs andlor have di .fficulty wallcing. Mr. Jackson said t:his topic will be discussed with
the mernbers of the Community College so they can pass the inforniation to their students. Vote by
Acclair:ntiati: Lr Fcrvor: Uiiariinrozis. Upposed- Nane. Abstentiorrs: iNlone. Alotion carried
Council Nfeetin-: 08-23-05
Page 4 of 6
Approved by CounciL•
llraft
-
Ntayar Wilhite called for a short recess at 7:05 p.m.; she reconvened the meeting at 7:15 p.m.
1'UBLTC COMMEI~'I'S Mayor 1~~ilhite invited general public comments.
Janiee Cooaerstein: 9716 E45`h Avenue: stated she is here as a mcmber of the Ponderosa Communiry
and to appeal to council to consider the rccom.mendation and request that khey appeal to the Superior
Court reearding fire access and firc evacuation problems in the Pondcrosa,; she said thae the Heai-ing
Examiner gave a narrow decision conceniing who decided therc is enough road access pnints despite only
having the iwo mai.n roads; that the orcli.nance ssys three accesses are needed based on the layout and
being a hifr fire risl:; that the Fire Deparkment said they werc not involved in the sUidy but merely .
euvnined it; anci that she wants to notify staff that many of the findings of fact do not report mueh of the
evidcnce that,,vas presented; and that she feels an environmental stucly should be requirecl.
Dick Behm, 3626 S Ridgeview Drive: he expanded on what Cooperstein said; stated his concern with the
fre history; and that the Hearing E?camincr relied on an expert but wasn't there; that thcre is nn evidence
of issues concerning watershed; and asked Council to file an appeal on ehis issue.
Ai)1VILlYISTRAT.WE REPO12T5: [no publie comment]
7. Prelimin }3udget-DaveMercicr
City Manager Mercier presented for council considcration, the City's dlird balaneed budget; and stated
that tonight he will introduce several of the major concepts reflected in the budget, several cxhibiGs of
inCerest, and the budgct schedule. Nlr. Mercier explained the budget peeparation procedure including
rcgular meetings with the Fiiiance Cammittee; that ttlis year's budget as in past ycars, will eontinue to
preserve the core services since incorporation; and that the Council has defined goals for staff's attentidn;
and Mr. vlercier mentioned and gave the highliglits of those five goals: (1) draft a well-defined street
masterplan with #unding options; (2) initiate the first phase of the Sprague/Corridor revitalization
planninb effnrt; (3) continue monitorinn the significant wastcwater issues that face not only this City but
the entire rcgion= (4) spend greater attention on communicating externally a.nd internally a.s we continue
to refine our customer servicc program; and (5) rnakc certai.n' Council and staff are aware of new
technology as it presents itself in the comrnunity, and to have the opportunity Co acCess such technoloQy.
Mr. Mercier said the budget is compeised of a series of conservative fiseal policies; he mentioncd the
"paid in full" start-up loan which occurred in part because nf the mainteuance of such a conseivative
fiscal policy; that dhis budget proposes no new prAgrams, that each fund maintains a posiCive fund
balance, and he also mentioned the "grecn" sheels showing the most rccently updatect six-year f_inancial
forecast. Mr. N(ercier acidecl the budget proposes no new personnel (see chart page 75 entitled "2005
VJork T'oroe Comparison"), no ncw debt, and that staff constantly seeks valuable grants, such as diose
construction projects to be initiaCCd in 2006 with a value of over $10 million, wittl $1,135,000 as the
City's portion. Mr. Mercier stated tliat staff worked hard to present this budgct in an easy to read, easy to
digest formac. November 15, 2005, Mr. Mercier stated, is tlic date anticipated to forrnally aclopt the
btiidget, witli a series of publie input opportunities priar to and including that datc.
8. Spokane Countv Request: .I3arker Koad Project, S'h Avenue l0 32°d Avenue - Steve Worlev
Senior T'ngineer Worley e:cplained that wc have received a request from Spol:ane County for par[icipalion
i.n a project they are submitlin;; as a TIB geant applieation for reconstructing Barker Road from 3'b
Avenue south to 32'"l Aveiiuc, that this grant apnlication is being submitted uncler the l:ransportation
Partnership Program wliicli is administered by the Transportation Improvement Board. v[r. Worley
added that Spokanc Valley is alsn preparing a TIB grane application for 13arker Road from 8°t Avenue to
Broadway just south ot' I-90. Mr. Worley explained that participation for this joint project was not
included in our 2006-2011 Six Year `C'I:P (Transportacion Improvement Program), but if a city chooscs to
fund an unbudgeted project, it• can do so by shifting resources from other funded projects, or by using
cantingency funds or new rcvcnue sources. Mr. Worlcy stated that the County's proposal would
primarily serve areas in the unincorporatecl coLulty area but that development would have an impact on the
capacity of Spol:ane Valley's roads. initially we were infornied the cost to participate as per the County's
Council Meeting: 08-23-05 Page 5 of 6
Approved by Council:
larafl .
re.quest; wauld be $200,000, but Mr. 1'Vorley explained that the rcquest was rEVised at a certain percentage
of khat cost. Engineer Worley said that Spokane County feels if they have multiple partners, they will
likely receivc funding.
Cntincil discussion inc:luded the need for joint planning; coordination between developers and the County
in this particular area; the lat:eness of tlie Counry's request; the possibility of using contingency funcls
should cowicil wish to narticipate; the percentage of t.hc Caunty's request that we contributc; die
percentage iirnount of t11e County's portion; the level of seivice impacted on Barker Roac1; the potential
for Cranspoitation impacts; and that we anticipate futw-e incerlocal agreements with the Cpunty tn partner
witli us on pl~tnnine f'or other fiiture projects. lt was Council'consensus thal siaff approach the County to
determine if dhey Woulcl wclcome our ptul:icipation at 20%, and to bring this proposal back nex-t week.
As there was no further business, it was moved by Councilmember Flanigan, seconded by Deputy Mayor
Munson, and unanimously agreed upon Co adjourii. The meeting zidjourned at 8: I 6 p.m.
Diana Wil.hite, Mayor •
ATTrST:
Christine Bainbriclge, City Clerk
,
Council lvteetine: 08-23-05 Page 6 of 6
Approved by Council:
DRAFT
r i'VIIYiT'I'ES .
C1TY OF SPOKANE VAI.,LFY
- - S"C'CTDY SES$TQ\'
. Tuesduy, August 30, 2005, 6:00 p.m.
Attendance:
Councilmcmbers: Staff:
17iana 1Vilhite, Mayor Dave blercier, City Manager
Rich Munson,laeputy Ivlayor Mike Connelly, City Attomey
Mike DeVleming, Councilmember Cary Driskell, .Deputy City Attorney
TSick Denenny, Councilmember Marina Sukup, Community llevelopment ]airector
Ntike Flanigan, Councilmcmber Ken `I`liompsoii, Finance Director
Steve "I"aylor, Couneilmember Neil Kcrsten, Public Works .Director
Gary Schimmels; Councilmcmber Mi.ke Jackson, Parks & Reereation Directot
Lisa Bracco, CenterPlace Coordinator
"Bins" }3ingaman, 1'C Specialist
Chi-is Bainbridge, City Clerk
Mayor `Vilhite called the meeting to ordcr at 6:00 p.m. and welcamed all in xttendance.
CouncilmemUer Taylor askecl that there bc a moment of sileiice in reeogmition of t}ie loss of life and
destruction in Louisiana and surrounding areas as a result nf Hurricane K.atrina, and to remembcr and
recognize the support of the Red Cross ancl other's efforts in giving aid. Mayor Wilhite asked for a
mome,nt of'silence.
1. Spokane Countv TIB Project Participatinn_- Steve Worlev
Public Wori:s Director KersCen, standing in for Engineer Worley, explained tliat dhis issue was presented
at last wcek's cnuncil ineeting and is a request from Spokane County for our pareieipation in their capital
improvement project Af 8~' Street to 32"l l on Barker Ttoad; and that the County had initially requested a
40% contrihution, and per last week's counci.l's direction, staff asked and the County acquiesced to a 20%
match. Mr. Kersten stateci that staff now seeks Council cc>nsidcration in how they wish tn proceed. It
wa.s moved by Deputv Al'a}%nr rVfzinson und seconded by Councibnember DeYleming tlrat we pcrrticipate in .
tlre joint project ori J3urker Xoad at the 20% level. VIayor Wilhitc inviCed public comment; no comments
were offered.
Couocil discussion included points of egress on Barker Road; use of the area by Spokane Valley citizens;
V311ey Christian Scliool buildiclg a schqol in that area; psriicipatioiz from neighborhood groups such as
Turtle Geek clevelopment; reaular coordination among county and our sTaff- conceniing upcoming capital
projects; the fiirthee confrmation of the need Por joint planning; using the funds for other capital
improvements within our city limits; apprcciaCion to the Courity for respondinD-favorably to our request to
lower our participation from 40 [0 20%; projected costs of installation and maintenance of traffic signals
($200,000 to $300,000); concun•ency issues; the need for safe roads; and that tonight's de.cision is not
setting precedence. Vnte by Acclamation: In Fuvor: Alcrynr Wilhile, Deputy Muyur Munson, trnd
Cauncilntenrbers SchimmeLs, .l~enerury, arrd DeVlemitig. Oplaosecl.• Cauricil»rembers Tirylor and .
Flarligmr. Abstentions: norre. i1lfotiorr curriecJ.
2. Proposed Order Granting Vlot'ion to Dismiss - Cary Driskell
Deputy City Attnrney Driskell e.cplained that t}ic written order memorializes the oral motion and vote
i~ taken Uy Cvuncil last• week in Appeal 04-05; and that if Council determincs the order sufficient, a motion
is necessary to approve the proposed orcler. It wcr.s nroved by Mavar Wilhile arid seconded that Courlcrl
Study Szssion Minutes: 0$-30-05 ' PAgs 1 af 5
Approvcd by Cawicil:
DR11FT approve the Proposed Order Granting Mvtion to Dismiss Spokarie Vielley Appea! #09-05. Vvte by
Acclamutio►r: Irt Favar: I/itanimous. Qpposed: None. Abstentions.' iNfpne. 11lotion carrred.
Regulcrr Sfudy,Ses.sion Discussipn Issties• (No Puhlic Conzntent):
3. Qutside Ai-rencics RecLues[ for T3udget Consideratian - Ken Thompson (10 minutes per presenter
1"inancc lairector '1"hompson explained diat six agencies will give short presentations for their fimding
a,ssistance; that the agencies are divided into rivo catcoories: one for social service agencies, and the ather
' for econarnic development, wifli $31,000 allocated for the social service aoencies, and $69,000 for the
economic cievelopment €roups. Tn response lo a question from Deputy Nlayor Munson, iMr. 'Chompson
e.xplained that the funds can be allocated any way Council desires. The following agcncies made a prescntation for fimding assistance: .
SOCiAL AGLNCTES: -
a. Big BrotherslBig Sisters: requeseed $8500 b. Chase Youth Commissinn: requested $3000
."a.~B''rNat request for fundin ;witlidrawn; obtainecl funding from other snurces ,
d. Project Access: requested $35,000 e. Vallcy Conicnunity Center: requested $14,823
ECO\'UN[1C :C7FVELOPMENT AGF\`CIE, S: f Fcunomic Development Commission: requcsted $90,000
g. Inlernational Trade Alliancc: requested S35,000
City Manager Niere_ier reminded Council that last year, Council decided that each council member came
back with a seC of suggestions to share with council in order to come to consensus on Icvel of funding, -
and hc suggested schuiulina SeptemUer 13 as this year's opportunity. During Council discussion of
. future optinns, it was mentioned that S3,000 has already been included in next year's budget for an
educational proararn for bike helmets. After brief discussion on die amount (if any) to increase the
budget allocation, it was Council consensus to raise the total arr►nunt to $120,000, and to bring the issue
of funding allocat:ion back for further discussion Septembe- r 13, 2005.
Iv1a}ror Wilhite called for a recess at 7:40 p.m., and reconvened the meeti.rig at 7:55 p.m.
4. DesiLnatiQn of Area for Alcohol ConsumpYion - Mikc Jackson and Lisa Bracco
Parks and Recreatinn Director Jackson ex.plained that Council previously designated certain are.a.s wittlin
the Parks and Recreation Paeilities where alcohol may be perniitted, anci etiat this is a request to ciesignatc
the Centerl'lace upstairs lounge ancl dance floor vid the cxecutive confereoce roam as additional
designated areas, as per the attached draft resolution. After brief Council discussion of the issue including
the reason for such requests (wecldings, conferences, etc), it was Council cnnsensus to place the resolution
on the September 13, 2005 Consent Agcnda. 5. Urban Grow-th Expansion Consideration - Mike Connelly
CiCy Attorney Cannelly explained that lancl use decisinns ean have unintended nncl/or unantieipated
consequences, and that Council may want to consider ciilcing some action regardinb Spokane County's
action to change the gray area shown on tlie attachecl map, from Urban Reserve to I.,ow 17ensity
Residential; which would extencl that urban growth boundary to the outside of the perimeter of those
properties, whereas before it wenl inside of the perimeter of thqse properties. Two cornponents to
consider wheri making such dccision, Mr. Connelly said, include is it substalitive or apPropriate for an
urban gxowth area, and does it fit the criteria for a need for low density residentia) property and the ability
tn provide services to that property; and the second consideration is procedural, as is there somcthing in
the manner in which it was done, something Council wishes to objeet to. ln dealing with the substantive
Study Session Miniitcs: 08-30-05 Page 2 of 5
rtpprovcd by Council:
DRAFT
~ issue, Nlr. Connelly explained that this particular ehtinge would allow a change in density from one unit
per five acees or ten au-eas, to six uniLs per acre it if were built out aC a maximum density. Nir. Connelly
cxplained t:hat this translates in Cerms of tr:iffic, to appraximately 10,000 vehicular trips if all property
were built out at the maximum density. Presently, approximately one-half of the property is already
developed at urbaii densities, he explained, and there are ei[her three or four units per iicre on the prope►-ty
on the furthest north ecige of the proposed area. .
City Attorncy Connelly said that the most significant impact to cflnsicler is that of teaffic impacts; that
there are adjacent interseations which might be impactecl ancl where the level of service eould diminish:
the Spraguc/Sullivan intersection and the intersectinn at Saltese and Sullivan. Without a joint plFUining
agreement, Mr. Connelly said the full development of the area could have several consequcnces: (1)
developrnent would likely make it moi-e difFicult for properlies within the city to meel concurrency, which
is Iimited with existing roads and intersections; and whether the development is in the County or the City,
and if it impacts intersections within the Ciry iC ednsumes that concurrency; and if this develops without
any type of financial partic;ipalion by the developer to the eounty, it would consume the concurrency.
Attorney Connelly added that without any type of joint planning agrecmcnt, lhere is also an issue of
whethcr the development and designer standards would be compatiUle or incompaeible resulting in
substantial costs if the area wcre ever annesed to the City of Spokane Valley. lvlr. Connelty said water
and scwer c!o nnt appear tn be a problem in the area. Regarding procedural issues, Mr. Connelly gave a
brief history of the area: he explained thriC the request for the UGA cliangc by the property owner was first
made in 2003 at about the same time that applications for sorne of the existing develppments were
submitted; that the 1'lanning Commission rccommencled denial and that this arca be considered as a part
of the five-year plan; the County Commissioners within a few minuCes of deliberation, upheld the
Planning Commissioner's recommendation to cleny the urban gro-vvth area extensian. That deeision was
~ appealed by the property owner tb the Eastern 1Va.shington Growth Management Mearings Boards, as the
property owner felt they met the burden of need to a population allocation sCudy and through the proof
that there were sufrIcient services and that it would not have a negative impact on traS•'fc services. Mr.
Connelly said that the only evidence he fowid in the record regarding traffic was a letter f'rom Ross Kelly
indicating that the improvement of certain roadways within the area would be►aeft Sullivan as it would
fiinnel ti-affic to Barker Road. After the appeal, Attorney Connclly explained, there was a settlemcnt
beriveen die partics anci the County, uid they agreed to bring the matter back for a subsequcnt hearing for
rcmand; in Jtme of 2005 the rnatter was brought back before the County Commissioners and was
approvecl by the Cou►ity Commissioners, alnng witli about five oth-er area.s in similar circumstances. '
tilr. Connelly said regarding process, the issue of notice «<as raised as the County did not seiid iiotice co
the other jurisdictions, ineluciino the City of Spokane Valley; the aPplicant advised Mr. Connelly ChaL they
mailed notice to property owners within 400 feet of the prqposed properiy location which was
approaimately 1,000 mailings; 1nd they felt that at least ane of tliose property owners was the City of
Spokanc Valley. Mr. Connelly said he ha„s not yct been able to further trace lhzit tn confirm if it wss
. received by the City of Spokaiic Valley. W1. Connelly said tliat the property was posted in ttvo localions.
The cxtension of this particular UGA bounclary was not, said Mr. Connelly, presented or considered by
the Spokane County Steering Committee of Elected Officials and that he believes diere is a dispute
betwccn Spokane County and some other members of that committee as to whether these types of
changes slioulcl bc submitted to them; but tliat tliis particular change was not. Mr. Connelly said that the
last factor for Coimcil consideration is that tlicre has been one appeal filed by a neighborhood group,
K.athy Mitke, anci a neighborhood group with respeet to the Fi<<e Mile Prairie matter but not with respcct
to the Turtle Creek mattei.
Attorncy Connclly then outlinecl several policy decisions for Council to consider: (1) do nothing and let the decision stand and the property would likely be developecl at urban densities over a period of time;
Study Sessoon \4inutcs: 03-30-05 Pnge 3 of 5
ApproveQ by Council:
17R.f-1FT and if that is tMe decision, Council would Ue able to participate at the hearin ; level; but the effectiveness ~of doing so without a joint planning agreement would be questionable regardins whether Cnuncil could
convince the klearing Examiner t:hat Council's concerns are legitimate as without an agrcement, there
would be no document guiding his tlecision. ivlr. Corirzelly saici Council coult{ also (2) appeal to the
Eastem `'Vashington Gro«-tli Management Hearings Board; that 13oard cioes not approve or disapprove
projects, but their duty would be to cietermine if Che process complied with stdCe law; and ii' there were
sufficient procedural issiies to demonstrate noncompliance, the,matter Nvould be sent back to be done
correctly. l'liat does tiot mean, however, saicl Ivtr. Connelly, tihat this area wrould not be an urban growth
area, but would mean that the process getting there was not done eorrectly. A suc.cessful appeal would
also bring to the City o#' Spokane Valley, said Aetorney Connelly, the opportunity to present adclitional
facts in evidence, if it was fell there was a substantive case to reject tliis area as an w-ban growl.h area; or
having ariother hearing with proper notice would enable dhe pres€ntation of evidenee regarding trafFc
impacts and any other issues eouncil may feel w4uld be detcrminative in designating the area a UGA.
Attorney Connelly described that a Ihe t}iird (3) option Nvould be to conlinue to negntiaCe a joint planning
agreement wi1:h the Counry, adding that such ag-ccrnent Nvould provide a mechanism for funding of la-affic
improvements, ancl for development: and design stiindards compatible with the City of Spokane Valley's
standttrds in khe event of any future tunne:cation.
17iscussion ensued regarding which areas might be direcCly impacted and di the need for a traffic i.mpact
analysis; the number of vehieular txips due to the 976 homes; capital facilities plan, land use analysis and
traffic litigation considerations when considering UGA exp3nsion.
6. Advance Agenda Additions - Mavor Wilhite
Mayor Wilhite suggested forming a citizen A<I Hoc Committe~ to address one of Counc.il's goals,
communication in&itstructure, in order for that Comniittee t0 work to put together a commtmication
infrastnicture plan to pre,sent to council about what will be neecled to keep presenl with technology
demands, including optiqns for fiber, wireless, and the associated costs tn provide such in&astructure.
After Council discussion, Mayor Wilhite indicated she would circulate a list of pntential people for the
comrnittee and would like Council to consider the desired si7.e of the committee. There was Council
ccrosensus to place this issue on an upcoming abenda. City Nlanti;er Mercier also suggested Council
miglit want to consider writing a mission statement for such COLILtTUiiCC. It was deCermined
Counci(membcrs will send Mayor Wilhite t1d Hoc Cotnmittee sugge5ted mission suttemenfs. Other
advance agenda additions included Councilmcrnber DeVlemina's su~gestioil to include the righc-of-way
boundaries and properties. Mr. Ivlereier responded ttiat staFF hopes to come to canclusion at the next joint
meeting on that topic.
7. Iviemorandum Rmarding PIe3ring Eaaminer Decision on PF-1940-04
This was an information only item and therefore, there was no diseussion.
8. Council Clieck i.n - Mavor Wilhite- No rerort.
9. Citv Manager Comments -Dave Nfercier
City Manager mentioned his comment is for a request ot' Council tp enfertain a motion to adjoum into
executive scssion. -
It was moved by Deputy M~ryar iWunson and secvntled, to adjourri itito executive session fur 45 minute.s or
less to discuss pentling litigatiori, and tjtut aftenvards, chere ►ncry be n decision made. Council adjouresed
into executive session at 830 p.m.
At approxi.mately 9:10 p.m., Mayor Wilhite declared Council out of T'xecutive Session ancf reconvened ~
the regular meeting. It was then movEd by Couticihnember Denenny and secoruled lo truthoriae Alayor
StudyScssion P7inute5; 08-30-05 . Psge 4 oC5
Approvecl hy C4uncil:
n RAFT
Wflltile to send a lelter Fo the Bnard ojCautity Conrmissioners, orr behalf oj[he Cotmcil, Ilertcrining to rnr
offer to begin negotiatioiis regarcling joint plan►ring agreements. Councilmember DeVleming stated he
wrotild like the languane of appeal removed froni the letter, and Taeputy M1yor Munson voiced opposition
to that suggestinn. Yote by Acclamatiopl: In Fuvor: Agayor Willrite, Deptity Mayor I l~funson, and
Co:rrrcilmembers Sclrimmels, Taylor, Flanigrnr, ar1d Denenny. Opposed.• Cozorcibr:enrber DeVlemrng,
AGstentiorrs: tlrorie. Mot1o» currietl. ,
It wus ntoved by Councrlmember Flartigrni, secanded, UIICI L[RQ)lI1I101(,sly agreed upon to adjourn the
meeting. The meeling adjoainred at 9:19 p.nr.
ATT.EST: Diana Wilhite, Mayor
Chi•istine Bsinbriclge, City Clerk
.
_i
Study Session N-finutes: 03-30-05 Page 5 of 5
Approvcd by Cauncil:
CITY OF SPOKANE VALLEY
Request for Council Action
~ ..i
Meeting Date: September 13, 2005
Item: Check all that apply: ❑ consent ❑ o!d business ❑ new business ❑ public hearing
❑ information ❑ admin. report ~ pending legislation
AGENDA ITEM TITLE: First Reading: An ordinance amending Section 4.08.19.15.3 of the
Spokane Valley Uniform Development Code relating to Planned Unit
Developments (PUDs) to delete the requirement for direct access to
arterial or collector roadways.
GOVERNING LEGISLATION: RCW 36.70, Spokane Valley Ordinance 03-53
PREVIOUS COUNCIL ACTION TAKEN: City Council adopted regulations relating the
Planned Unit Developments (PUDs) by Ordinance
No. 04-046 on November 9, 2004. Council was
briefed on the proposal on August 9, 2005.
BACKGROUND: .
City Council has asked to reconsider the requirement that a Planned Unit Development be
required to have direct access to an arterial or collector roadway.
A Determination of Non-Significance was issued on July 20, 2005 +ruith comments due not later
than August 12, 2005 and a draft proposal was submitted to CTED and other agencies for their review on July 20, 2005.
,
OPTIONS: Approve, provide staff with direction concerning additional amendments, or
disapprove.
RECOMMENDED ACTION OR MOTION: "I move to suspend fhe rules and approve
Ordinance No. 05- on fhe first reading".
BUDGETlFINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
~ ATTACHMENTS:
Draft Ordinance
DRAFT
CITY OF SPOKAITE VAC.LEY
SPO.KA\'E CUUNTY, WA5FIINGTON
OR:DINANCE 170. 05-026
A-N ORDINANICE QF THE C1TY OF SPOKANE VAI.I.,EY, SI'OIC.A.ivl: COUNTY,
WASHli\iGTQN, A`IEENDI7VG ORn.T1TANCE \7O. 04-046 12F-LATliNG TO PLANN-EI7 U'NIT
I)EVELQPIiENT (PUDs), BY REPEALING PROV'ISIONS RFT.,A`CII1'G 'I`O TAF
REQUItt1.1'IFNT FOR llTRCCT ACCESS 'I'O ARTTRIA_LS AIND COY.LECTORS; PROVID'lNG
FQR SFVERABILITY; AuvD ESTABLIST3T.NG EFFECTIVE DATF.
`VIM-T2E-r1S, The Interim CorTipreliensive 1'lan adopted by, the City of Spokane Valley pursuant
to Ordina.nce 03-53, specifies d'unensinnal standards for residential and non-resideiitial development; and
N1'HE-ItEAS, the Comprehensive Plan Goal ED.Sa is to "[p]rovide cnnsi'stent, fair and timely regulations that arc fle:cible, responsive and effective" and '
VVHLRLAS, Tnterim Coinprehensive Plan Goal UL.3 is to "[e]ncourage exemplary
developments by providivg for flexibilit_y and innovative design thmu'}i planned unit
commerciaVindustrial mld residential developments"; and
WHEREAS, Interim Comprehensive Plan Policy UL3.1 throug}i U.L.33 encoun, ge flexible
regutations and inceritives; ancl
WHEREAS, lhere exist geograrhic are.qs within the City of Spokane Valley which would benefit
from more flexibility in order ta preserve and pratect sensitive environmental resources; and
WHEREAS, the development of Mixcd-Use and Urban Activity Centers identifiecl in the Interim
Comprehensive Plan require flesibility fnr successful design ancl implementation; and
'WREREAS, ihe proposed development regulations must be submitted to the R'ashiiiglon
I7epartment of Communiey Trade and Economic Dtvelapment pursuFUit to WAC 365-195-620; zmd
NOW, TFIFRFFORE, the City Council of ihe City af Spokane Valley, `Vashington, do ordain
as follows:
SECTION 1. Seetion 4.08.19 0f the City of Spohane Valley's Interun Zoning regulations is hereby
iunended to read as foLlows:
Section 4.08.19 Planned Unit Development Qve_rlay 7one
Section 4.08.19.01 Purpose and Intent
The purpose of the 1'lanned Unit Development Zone is to establish a process to foster creative, efficient,
and compeeltensive clesign of site development. The overlay zone is to be uscd in conjunction «<ith other
zoning classification except the Iviining (MZ) zone. These regulations provide flexib'tlity in site design .
arid offer incentives iJt order to:
l. Encourage iiinovative desip and the creation of permanent apen spACe.
2. Preserve and enhattcc spccial site features.
Ordinance 05-026, rlmending 04-046 PUD Page 1 of 9
DRAFT
3. Encourage tlie eonservakion of naiural features, wildlife hibitat, and critical areas. .
4. Facilitate the development oC mix.ed-use proj ects.
5. Encourage the development of strect, pedestrian and bicycle paths that conlribute to a system of fully •
connected routes.
6. Facilitate the econornical and Adequate provision of public services.
7. Provicle for diverse 3nd convenient rccreational opportunities.
8. Frovide a variety of environmenks for living, working, and recreation.
Section 4.08.19.02 Aaplications aod Yrocess
. 1. P(an.ncd unit developments shall be initiatcd by the owner(s) of all property involved, if under one
n-vvnership, or by joint application of all owzlers having title to a11 the properi:y in the area proposcd for
planncd un.if development.
2. The planned unic developmenl proeess eneails a prel'uninary and final phase as follows:
a. The preliminary phase examines the planned unit development plan for compli.tnce with the
requirements of the zone. 'I'lie prelirninary plumed unit developmen[ is consitlered through a
' public hearing belore the Hearing Exam.i.ner. Oncc approved by the Hearing Examiner, the
planoed unit development is a binding plan that defines the concept of the development and
uses ro be allowed. The planned unie cievelopment approval is valid for a 5-ycar pcriod, which
rnay be extended by a period not to exceed hwelve months by submitting a time extension ,
request to the Department. Any extension of time must be requested by the applicinc, in
wricing, before expiration of the original approval, stating specific reasons for such a request. ,
b. Tlie finsl planned unit development plan may be approved administratively, to determine if all
standards, requirements, and conditions ofprelirninary approval have been met •
Section 4.08.19.03 Preliminarv Planned Uoit Develunments
The preliniinary planned unit development shall have a site development plan, ineluding, buC not limited
to, the following: -
1. The e:Yac:l boundaries and le-al dcscriptian of the property to be developed.
2. The name of the prQposed planned unit development.
.3. Date; north arrow, and scale of the drawing.
4. Narnes, addresses, and telephone numbers of the oNvner(s), applicant(s), engineer; and surveyor.
5. The generitl localion of all proposed improvements that are to be constructed on the land, including, but
not limited to, all residcntial anci nonresidenti3l structures, building heiohts, recreational facilities,
walls, fences, refuse areas, sh-eets; walks and public transit facili[ies.
6. Setbacl:s to the property linc, roadways, and the planned unit develppment perimeter.
7. Location af pedestrian tuid bicycle circulation rystems.
8. Common open spaces showing size and functions upon completion.
9. A description of the mechod of ownership and responsibility for maintenance of all com[non open
space and private streets.
10.1"he location and dimension of off-street parking facilities; public ancl private, includin- transit
fi3ciliries for nonresidential uses.
11. Location and size of all public and semipublic sites ifapplicablc (i.e., schools, churches, parks, plazas,
etc.).
12. A tabulaticn of densities within each project area, phase or sector.
13. rf applicable, a subdivision map showing land divisions. The preluuinary ancl final subclivision map
shall cornply with the county subdivision ordinance and state subdivision regulations.
Orc9inanc.e 05-026, A.mending 04-046 YU17 Paga 2 of 9
DRAFT 14. A proposed phasing and/or liming schedule.
15. Topographical map of existing terrain at a muumum two foot contour level, including 100-year flood
plains it4entified under the vational rlood hisurance program.
16. iNatural features to be retauied, sucli as natural slnpes, stands of trees, etc.
17. A!1 critical aeea.s as cleFmed in the Comprehcnsive Plan.
Sectiou 4.0$.19.04 Final Planned Unit Develanments .
1. Prior /o expiration of the prel'tminary planned unit developmcnt, approval oF a final planned unit
developme.nt plan is reclLiired. Approval of thc Final planned unit development shsll be adnainistraiive.
A Final planned unit development differs fi•om the preliiniuary planned unit development in the
amount oF cietailed infonnation provided. In addition to all of the inforlnatian requirecl for a
preliminary planncd unit develnpment, dle final platincd unit development plan shall include the
t'ollowing items.
a. Anproved road plans.
b. Approved drainage system plans.
c. Typical building footprints.
d. A tabulaeion of the percentage of totsl buildirig coverage in ct►e develnpment.
e. A schematic landscapinj plan indicaCing the type a.nd the size of plsnt material to be used, and tl:ie
methocl for provid'u1g perminent maintenanc.e to all planted areas and open spaces.
2. Any planned unit development nol finalized before the expiratiai of the prelirninary planned unit
development approval shall become void, unless a ti.mc extension is g-anted by the Director of
Community Development. Construction shall not commence until aplaiined unit developmcnt has
been given Final approval. Section 4.08.I9.05 Fhased Planned Unit Devclopments
L.. l. A plannecl unit development may be develope,d in phases, subjec[ to an approved phasing scliedule. All
construction anci improvements not completed within five (5)_years of approval of lhe phased final
planned unit development are subjcct to compliance «=ith updated Ciry Standards through a time
extension action. My pliunned unit development where conskruekion has not commenced before
expiration of the final plaiined unit development approval shall become void.
2. Each phase ofi thc proposeci clevelopment must contain the required parkinD spaces, common open
spacc, ingress, egress and transportation circulation landscape, aid utility areas necessary to sustain
that phase as ari iiidependent development, in the event that the remaitiing property is not clevelopecl.
Section 4.68.19.06 NlodiGcations 1. The Hearing Examiner may requirE: modifications to the applicAtion for a platulecl unit development to
ensuue that tlie purpose and intent of this chapler is accomplished.
2. A substaiitial modification to the approved preliminvy or f.inal plan_necl unit development plwi shall
anly be approved through a change of conclition ctpplieation process. All modifications which are not
minor shall he considered substantial.
3. A riiic.ior rnodification to the preliminary or final planned unit development plan may be approved
administratively. vtinor modifications sliall be consistent with the foUowing requirements:
1. The modification sliall be limited to minor shifting of tlle location of buildings, proposed streets,
utility easements, or common open space.
b. The modification shall not: •i. Enlarge ihe bOundaries of the approved platutecl unit development plan.
ii. Change the approved uses.
iii. Change the general location or amount of lmd devoted to a specific land use.
iv. Increase the residential deusities.
~ f
Ordinance 05-026, Amencii.ng 04-946 PU~D Pagc 3 of 9
DRAFT
Sectinn 4.08.19.07 Permitted Llses
iJsed allpwed in a plan.ned unit development include those uses allowed in the unc3erlying zone.(s) and
those accessory uses ancl scructures ordinarily associated with a psimil'ted usc.
Section 4.08.19.08 De<<clopment Standards
' Prior to ihe issuance of a building permit, evidence of compliance wit.h provisions of this chapter, when
applicable, shall be provided to the Division.
Se.c.tion 4.08.19A9 Dcnsiri,
1. The toCal unils permitYed in a planned unit development shall be determineci as follows.
s. In any planned unit development, the niunber of dwelling un.its per acre of land shall'not exceed
that whieh is permit•fed by the tmc3erlying zonc(s), except as approved for density bonus by the
Hearing Exarniner subject to the following procedures. HoNvever; ehis does not preclude an applicant
from transferring density from one poreion oC the development to another portion of tlle
devclopment, so long as the total project does not eaceeci the maXimum densiCy o.f all zoning
classifications included wit.hin the project boundary. Rcsidcntial density shall lae determined by the
followino forrnula:
Net Maximum nurnber of'units Deiisity Total iJnits
17evelopment x per acre allawed in Bonus = permitted
Factor underlying •r.one rarned
b. The ne_t development factor is the acreage of ehe plannecl unit development area rninus the area set
asidc for, or existing in, any of the following: ,
i. Schools. - ii. Commereial .3nd/or industrial uses. -
_ iii. Single-family resiclenlial platced areas, if dcicrmin.ino net development faetor for the
rnultifamily portion of a mixed single-family, multifamily developmenf.
iv. Narural water boclies, iitcluding lakes, strearns, s«,amps; marshes, and bogs which are
not incorporated in the common open space pla.n of lhe plannect unit clevEloprnent.
v. 75% of areas having slopes that exceed 40%.
vi. Public or private streets.
2. Bnnus Density: The follawing uniis per acre may be cumulativcly cartied as additional density to the
maxirnutn base unit densiry of tfie underlying zone.
a. Gommon Open Space.
i. 0.3 unit-per-acre boous if at least 50% of the dry, common open spacc has a slope of
' 10% or less.
ii. 0.5 Lmit-pcr-aere bonus if significaiit recreatian areas are developed a.nd equipped with
at least 2 of the fallowing features: hard surface biking, hil:ing or walkina trails
connecting the' entire developmenk; unproved playfields, sport courts; swimming or
wadinb pool; or chiJdren's plAy arens that incorliorate play strucriues/equipment and are
at least 10,000 syuarE fcet in size.
b. Environmental Concern.
. i. 03 unit-per-acre bonus if general public access is provided to lake or river; to trails, 0.1
unit-per-acre bo»us; to scenic viewpoint, 0.1 unit-per-acre bonus.
ii. 1.0 unit-per-acre bonus if 40% or more of the eYistin3, ciisease-free [rees over 10
inches in diameter, are retained on the site. Tree diameter shall be measured at 6 feet
above the grounci. T'his bonus shall only Apply in forested areas where the density of the ~
Ordinance 05-026, Amencling 04-046 PUD Paee 4 of 9
D RAFT
~ above-ilescribed h-ees is equal or greater than 10 trees per acee. Thc healih of the trees
shall be certified by a licensed arborist.
c.lnterna.l Circulation and Parking.
i. 0.2 unit-per-acrc bonus if nonresidcncial parking area.s arc kept small (10 to 20 spaces
in a groiip) and interspersed with landscaping, or provided within or under main
buildings. .
ii. 1.0 unit-per-sci•e bouus For an interconncefed roadway SySt8R1 wILI10Ut CUI-dE-SiiCS.
iii. 0.5 unit-per-acre bonus fbr an un-gated development allowing through access to t:he
public.
c!: Public Service and Facility Availability.
i. 0.3 unit-per-acre bonus if public transit is available within '/<-mile walki.ng distance of
the rnajoriCy of dwelling un_its ancl nices. The walkinD rotite shall be hard-surfaced and
accessible, and may require an off-site sicfewalk/pathway.
ii. 0.2 unit-per-acre bonus if off-site convenienee shopping facilities are fimctionally
accessible within reasonable walking distaricc (approxi.mate_ly '/-mile). Tlie walkinb
route shall be hard-surf'aced and accessible, and may require an off-site
sidewalk/pathway.
iii. 0.5 unil-per-acre bonus if'special Facilities for public transit are inaorporated into die
designi and approvetl by the S1'A_(e.g., shelterec3, lighted waiting/loading facilities,
includina benches and park-arad-ride spaces).
iv. 0.2 / acre for school bus loading shelters approveci by the schnol disfi-ict.
Section 4.08.19.10 P:irking, Signage, and Landscaping'Standarcls Parking, signage and landscaping
stauidards sliall be as provided in chapter 14.802, Off-Street Parking and Loacling Standv-ds; chapter
14.804, Signage Standards; and chapter 14.$06, Lanclscaping and Screeninp Standards.
. ~ .
SecEion 4.08.19.11 Storage Standards A.ll storage in the platined unit development zone sliall be within
a closetl building; except for the storage of retail products Ihtit are for sale or rent, wliich may be stored
oLrtdoors durina business hnurs only Qutdoor storage of retail products shal.l not be within any required
front or side yard, nor in any public street or road right-of-way. '
Secdon 4.08.19.12 Refuse Storage All outdoor trash, garbage and refuse storage areas sliall be screened
on all sides frorn public view and, at a rninimum, be enclosed «<ith a S'/a-foot-hio conerete block,
cnasonry w-iIl, or siglit-obscuring fence Nvith a sight-obscuring gale for access. Single-family anci duplex .
residences are exempted from this provision.
Sectian 4.08.19.13 NIechsnical 'f;cluipment All roof[op mechanical equipment shall be screened from
adjacent roadxvays and properties, so a.s not to be visible by persons standing at the property line.
Section 4.08.19.14 Utiliries A11 utilities sliall be underground.
Seckiun 4.08.19.15 Additional _Cteqttircmetits
1. All streets sliall meet or exceed the currcnt design and cAnstruction standards for public streets .
adopted by the City of Spokane Valley, as they rnay be acnended from tirne to time.
2. All areas which are to be occupieti or travele:d over by motor vehicles sliall be paved. "
3. No proposed street shall i.mpecEe the current or future development of sny artcrial or collector
I identifiec3 on the Arterial Road Plan. D' rI)^ sF ha..e-difa_ tep-eF
aftefieti.
4. Energy efficient strc;et lighcs sliall be locatecl at the entrance of the development and at each
interseccion. The lights shall be owned ajid maintained by ihe homeo%vmers' a.ssociation or local electric
uti 1 ity.
Ord'uiance 05-026, Amending 04-046 PUD Faae 5 of 9
DRAFT
5. Msintenance of 1'rivate Streets and CommOn Areas.
~i. Residential developments. A homeoNNmer' association shall be created pursua►t Co RCW !
Chspter 64.38. The associarion shall be crcatcd f'or the purpose of managing ancl tnaintaining
, private skreets, comrnon areas, and other improvemencs not otherwise owned by individual
lot owners, and any other lawful purpose allowed under RCW Chapter 64.33.
h. Non_residential developments. An association or other legal entity shall be created pursuant to
the taws of the Stare of Washington for the pui-pose of managing and mainwining private .
streets, common area,5, and other improvements not othenwise owned by individual lot
owners, and any other la~Nfiil purpose.
c. lleelaration of Covenwlts, Conditions atid Restrictions shall be recflrdetl with the Spokane
County Auditor for all planned unit developments containing private streets and/or common
areas. The L7eclaration oF Covenancs, Conclitions and Restrictions shall include the following
provision5:
i. Repaie and Maintenance iZiehts and Duties of Associacion: The Association shall
maintain, repair anci replaee all part,s ofi the cornmon area inchiding private streets,
drainage systems, and retention ponds or similar drainiige faeilities, or shall contract for
sueh mainCenance, rcpai.r and replacernent to such areas are maintained in good condition
and fwiction for their intended use.
ii. Vlaintenance oCPrivate St:reets: The private streets, as designed and approved by dle City
of.' Spokane Valley, have been or Are being constructed for the purpose of providing
ingress and egress zu1d pedescrian access to the property. The City of Spokane Valley has
no obligation to mai.titaiv, repair or reconstivct the private streets. The Association is
responsible for repairs ajid maintenance. The Flssoeiation shall maintain the private
streets in reaSOnable conformance wit:h the approvcd private road plans on file with the
City of Spokane Valley. ,
iii. Uissolution of Associat:ion: The Association may bc dissolved only if ownership and . .
rnaiiitenanee respqnsibility of common areas; common area roadways, and drainage
control features is assumed by agovcrnmental entity wit}i khe auihority to assume sucll
ownerstiip and upon «-ritten acceptance of the same by the governmencal entity. IC is not
the poliey oP Ghe CiCy of Spokane Valley to assurne ownership of common areas, private
streets or other common area improvements.
iv. r.nfQrcement: '1'he Bnard, any Owner; and any governmental or quasi-governltiental
agency or municipality having jurisdietion over the Project shal.l have tlie rigtlt to enforce,
by any proceeding at law or in equity, all restrictions, conditions, covenants; reservations,
liens, and charges now or hereafter imposcd in the Dcclaration, a,id all sucli acrion shall
be entitled to recover cost and reasonable attorneys fees as ordered by the Caurt.
v. Reserve Funci: The A.ssociation shall exercise good faidi and best efforts to maintain a
Reserve Fund for the maintenance of private slreets anci other improvements suc.h as
comrnon grcenbelts, security station structures and equipment, a1d other infrastructure. This Reserve Funci shoulct not bc co-mingled wIL}l any other association fiuid. The
balailce of tlte fund should be equal to the total replacement cost of the private stree[s and
other irtipi•ove«ients divided by the average life expectancy of ehose improvements times
the age of the improvements. vi. Access Required: Entergency vehicles utility persoimel, the U.S. Postal Service, and
gove.rnmental employees in eonneciion wich their official dutics shall have access to tlhe
plaiined unit development.
6. Drainage improvements shall be desigrted, coristructed aiid niaintained in accordance with the current
Spokarie Valley Stonn «'ate,r Nlanagement Standards; as they may be amerided &nm time to tune.
i
Ordinance 05-026, Amending 04-046 PUD Paee 6 of 9
D RAFT
~ 7. Pedestrian Circulation Pacililies. Within planned unit development projects, peclestrian circulation
~ facilities serving each unit shall be providcd on both sides of the street or privat:e road and shall be:
a. Hard-surfclCZCI w11}1 Fi5PI18If OY CQ11C:1'E18. ASpf11IT w3l}C'1Viiys shall be only allowed when
physical(y separated by a minimum of 7' from [he vehicle roadway. tllternative hard
surface material tnay be used when approved by the P«blic Woeks .Department.
Sidewalks separated b_y less tban 3' frorn the roaclway shall have a vertical curb
separating sidewalk from roadNva_y. VJallcNvays shall meet acccssibility standards.
b. F'unctionally and safely convenient to each dwclling unit served;
c. Functionally and safely conven.ient to schools anc3 to industrial, commercial,
recreatinnal and utility areas wit}iin or adjacent to the pmject;
d. Sufficiently wide (miflimum oF sia C6J feet for eommercial see.as and five [5] feet fAr residential arcas) to aecommodate poteniial use;
e. Located and designed in accordance with approval fro►n the Ci"ry of Spokane Valley
Section 4.08.19.1.6:17equired Qpen Space .
1. Requicect Open S~ace. A minimum of 10% of the total area of die planned unit development shall be
. , designated and maintained as cornmon open space. R.cquired lzmdscape sreas and storrn water facilities
shall not be used in the calculation of open space.
2. Tvpes of Open S12ace: Land dedicateci for open snace should be usable for eix}ler greenbelts that serve
a.s a b«ffer between lancl uses, using ex.isti.ng vegetation and new p1anC materials, active or passive
recreational ackivities, or for protecting environmentally sensitive 3reas or critical areas. Unusable open
space includes the clesign of areas tfaat do noc meet the intent and purpose of this chapter, such as open
spaec areas that are noi accessible to residencs oE the development, or do not function for active/passive
recreation or do not conserve wildlife habitat or other natural featuues.
3. vtaintenance and Olvnerhip of Common Open Space: The applicani shall ehoose ] or any coinbinatian
of the followiiia meGhods of administcri.ng eonunon open space:
a. Declieation of co►nmon open space to the City, whieh is subject to f'ormal City acceptance; or
b. Establishmcnt of an association or nonprnfit corporation o.f all property owners or corporations «<ithin
the projet;C area to ensure ocvnership of and responsibility for perpetual mainCenance of all common open
space.
4. Transfer of OvNnershin. Mhere dedication to r.he public or a homcoNvners' association is proposed
required improvements shall be completed prior to any transfer of ownership. NVhere improvements are
not completed in accordance with these requirements, buildi.ttg permits and/or approval of perniitted
stnictures may be withheld upon nocification to the l3uilding Official by khc Community DevelopmenC
Uirector; pending completion of said i.mprovements.
5. Pliasine.: All common spaces, as well as public and recreational fac.ilities, shall be spccifieally included
' in thc Phasing schedule ancl be constnicted and fully unproved by the applicant at an equivalent or greater
rate than the construction oFsti-uctures.
SECTION 2. Section 4.15. I. of I:he Spokane Valley Uniforni lllevelopment Cocle is hereby amende.d to
actd the dimensional standards for residential PUDs as shoNvn on Attactunent "A" made a part hcreof for
all purposes.
SECTIC)N 3. Chapter 14J04 PIaniled Unit Development Qve.rlay 7,one of the Interim 7onius Code is
hereby rcpealed. SECTIC)N 4. Severability. If any section, sentcnce, elause or phrase of this orclinance shall be held 10 .
be invalid or unconstitutional by a eoiu-t of competent jurisdiction, such invalidity or unconstitutionality
1 shall not affect the validity or consxitu[ionality of any ottier section, sentence, clause or phrase of this
ordinance.
Qrdina,nce 05-026; Amending 04-046 PUD Page 7 of 9
DRAFT
SLCTIUN 5. Lffective Date. This Ordinane.e shall be in full Force and effect on the nfficial date of ,
incorpnration provicleci public.ation of this Ordinance or a summary thereof occurs in the official
newspape.r of the City as prnvidetl by law.
PASSED by the City Council this day of )2005.
`4ayor, Diana Wilhite
AT`US'I':
City Clerk, Christine l3ainbridge .
Approvcd as to Form:
Offee of chc City Aitorney Date of Publication: ~
Effective Date: -
;
ardinance 05-026, AEnending 04-046 PUD Page 8 0€9
~
Section 4.15.11Zcsidential 7,one lli[ttensiooal Stanclards
UR-3,St"(') UR 7Ult 12 UR.22
Ttesidecttial. nTracii-
Single Single A%tulCi- Single Multi- Single Ntulti- pU~~s(3)(}) ,~~i~,~r"A~>
T'amil Du lea Famil Uu plex family ramil Du lef2mil Family Iau lex fs►nil
Lot:
tAreaIDwellinb Unit 10,000 20,000 6,000 11,000 15,000 4,200 5,000 6,000 1,600 3,200 6,000 _ 1,6U0-
i,olrrontage RO 80 GS 90 100 50 SQ 60 20 40 60 - 30Lol:lle tl~i $0 80 100 $0 80 100 5~
l'ront Yard
Sctback (S) 15 1") 15(2) L 5(2) l 5(2) 15() ] 5') 15(2) I S(Z) 15() 15p) 15(2) 15(
~
~ Garage ~
Setback (5) ?p~> 20(2) 20) 20(2) 20(2) 20(2) 20(2) 2020(2) 20(2) 20(2) 20(5)
~ Kear Yard
Sctback(°X5)(6) 20 20 20 20 15 20 20 15 20 20 15 ~ t•..15 Side Yard . . .
Setback (4)(5)(6) 5 5 5 5 5 5 5 5 5 5 5 S..Side Yiu-d St;Cback '
(flaaikin~ ~ SCreet YS~ - 15(2) 11(2) 1515(2) 15(2) 15(2) 15(21) 1 5(2) 15(2) 15(') 15(2) `I U;
Open SP ac;e l U%,gross,
- iirea
Density . . Zone-~
DU/~1cre 4.35 4.35 7 7 7 12 12 12 22 22 22 -~.13onus .
~ Lol' CovcraLe 50.0% 50.0% 55.0% SS.U%o 55,0°/u 60.0% 60.0% 60.0% ' 65.0% 65.0% 65.0"/o 60:0%
E Buildina
~ T-(cight in feet 35 35 35 35 35 40 40 40 SU 50 50 Lonc- 13uildin~; .
~
l-[eight (in
stories 2'/2 2%z 2'/a 2'/x 3 3 3 4 4 4 .:.Gone '
"Cle,Lr vicw"'1'rianglc rcquired
(Z) Mcasured Lrom properly linc outside bnrdcr e.ascment, if any
lcrp se;lbscks along rrar andlur une sidc are. alluwed provided Ui<il a 5'-0" coiistruction und mainlenFSOOe cascment(s) is rccorded with the Spol:ana Gounty Auditor
priur to is.suaiice nf a building pcmiit. A9inimurn rcyu yard setbael:s on zem lol linc configurution shall not be li:ss than fifty (50) feet or the sum oPthe rcar yards
n:quired by 1he undcrlying zonc, whicNever is grcater. N4inimum side }^atd sctbacks bctwecn d«•elling units and ltljacent 10tzN sliall not be less than 10 fxt on ttie siclc: oppasite Uie zero in azero lot li.nc configur;alion
0) Inslitutional and Ollicc uses Prave ttic same settwck as residencial uscs in zones whcre perntittixl. Attached gwhges loading from qie side ma}' h;ive 1he same 5etbnak as
a principal structure. •
Pcrmincd t,GCessorv structurc;s shall maintFtin a fivc Poot (5'-0") side and rCar vard setbac9:
. Yagc 9 of 9
CITY OF SPOKANE VALLEY -
Request for Council Action
Meeting Date: September 13 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ nevr business ❑ public hearing
❑ information x admin. report ❑ pending legislation
AGENDA ITEM TITLE : Governance Manual Committee Report
GOVERNING LEGISLATION: Spokane Valley City Resolution 03-028 adopted 5-13-2003;
revised by Spokane Valley City Resolution 04-013 adopted 05-25-2004
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
Members of the committee met several times to discuss proposed changes to the Governance
Manual. Highlights of those changes are as shawn on the attached excerpted pages.
OPTIONS: .
Accept proposed changes and direct staff to schedule the matter for an upcoming
agenda item as a resolution amending the current Governance Manual
, .
• Modify proposed changes and direct staff to schedule the matter for an upcoming
agenda item as a resolution amending the current Governance Manual
• Schedule the matter for further council discussion
• Take other action as deemed appropriate.
RECOMMENDED ACTION OR MOTION: Approve Resolution 05-021 amending the current
Govemance ManuaL .
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Councilmember DeVleming
_ ATTACHMENTS
Excerpted Governance Manual pages showing proposed changes (red-line version);
Clean copy Governance Manual sections, with correct numbering
~ ~
DRAFT ~
CITY QF SPOKANE Vr1LLEY
r --1 SYOKANE CQU1~~T'Y, R'ASHCnG-TON
RFSOLUTlON \`O. 05-021
A I2ESOLUTIn\` OF .T.HE CTTY OF SPpKANF VALLEY, SPOK,ANF COTJPiTY,
WASHINGTON, RE, PEAI..TNG ANll IZEYLACINC. TTTE RUI,ES OF PR()CTDTJRF FOR CI`l°Y
COUiNCIL AIEETIiNGS, PU}3.LIC HEEIRII~TGS, I EGTS.T_:VI'1VE PROCESS AiND PUF3T.,1:C
C0i'VEN-1ENTS QR CnMPT.,AIN".LS.
VJHFRrA_S, the Cily Cotincil desires that all Council meetings be open and responsive to the
public; and
WI-TI:RrAS, such meetings should be carried out with effciency and Lmiformity in the manner of
Cowtcil and public participatidn; and
Vff-1FFR.FAS, writCen rules of procedure best assure an axmosphere conducive to said ef=fieieney
and uniforinity and that no member of the Council or public need bc embarrassed in the exercise of his or
her right of free expression; antJ RrIaEREAS, the rules and procedures adopted by the Cotincil need to be amendecl from ti.me Co
timc.
NOVJ 1'HETZEFORE, be it resolved by ihe CiCy Cotincil of the City of Spokane Valley, Spokiine
. County, Washington, as follows:
~ Seetion 1. On May 13, 2003, t)tc Cotincil iidopted Resolution 03-028, settint rules and
procedures for conclueting public hearings and meetinas, ineluding the May 13, 2003 "Citv of Spokane
Vallev Governanee Coortiination Manual."
Section 2. On Vlay 25, 2004, t6e Council adopted ResoluCion 04-013, repealing and
rcplacing previously adopted City of Spokane Valley Governance Coordiriation Manual of VIay 13, 2003.
Section 3. The Cotincil hereby repeals the "City of Spokane Vallev Governance
Coordination Manual" dated May 25, 2004; and rerlaces it wi[h the "Ci of Spokatic Vallev Governance
Coardination Manual" dated Septcmber 13; 2005, which is atfached Co t.his Resolution as Attachmenl A,
snci which is incorporated herein by reference.
Seetion 3. Effective Datc. This .Resolution shall be in full force and effective upon
adoption.
fldopteci this 13'b day of September, 2005
City of Spokane Valley
ATTFST: Diana Wilhite, M.ayor
Christine Bainbriclgc, City Clerk
Appruved xs to Farm:
Oftice of the City Attorney
Resolution 05-021 Govenlance Vianua]
~
ciT1~ c~F -
. ~
ATTACHAffNT A
Governance Coordination
~ Manual
~ Resolution No. 004-013
A Comprehensive Col_lection of Meeting Rules,
, Coordination Procedures, Administrative Public Heai-ing Procedures, and Applicable References fz•om
the 1Zevised Code of Washington
I AdOj)t@d A.41 z~-,-~.~T
' Resolution 03-028 adoptcd 5-13-2003
Resolucion 04-013 adopted 5-25-2004
Resolution 05- adopted
Page 1 of 51
.'1
I
TABLE OF C01'TFVTS
A12TICLE 1- COUNCII, NIEET .ni iGS .........................................................................................................................4
1.1.1 Council Meetings - Time and T.ocativn ................................................................................................4
1.1.2 Council Meetings - 4pen to che Public .................................................................................................4
1.2 Electian of Officer5 ...............................................................................................................................4
1.3 Presidina Of1'icer ...................................................................................................................................5
1.4 Quorum .................................................................................................................................................5
1.5 Attendance. Excused Absences ............................................................................................................5
1.6 Special Gou.ncil Nleetings .....................................................................................................................5
1.7 Council Materia] ...................................................................................................................................6
l.s Counci! Packets ....................................................................................................................................6
1.9 Councit Meeting Agenda / Consent Agencta .........................................................................................6
1.10 Approachino the 17ais ...........................................................................................................................7
1.11 Study Sessions and Worksllops ............................................................................................................7
1.12 Counc.i!'Cravel Provisions ...................................................................................................................i3
1.13 Telcphonc I'rcc .....................................................................................................................................8
1.14 "Thrcc Touch Yrinciplc" .......................................................................................................................8
1.15 City Manaeer ........................................................................................................................................9
1.16 City Clei•k - Minutes - I'tlblic Informa[ion Access ................................................................................9
1.17 City Staff-Attenclance at Meetings ..................................................................................:.................10 '
A!t"l ICLE 2- llUTIES AYD I'RIVILECES OF NLEiWBER5 ...................................................................................10
J
2.1 R.espect and Decorum .........................................................................................................................10
2.1A Forms of Address ................................................................................................................................10
2.2 Seatuig Arraneenzent . ...........................................................10
2.3 Dissents and Protesu ....................................................:.....................................................................10
2.4 Filling Council Vacancies ...................................................................................................................10
t1RTICLE 3 - COUNCII., PROCEDURES .................................................................................................................11
3.1 ftules of Order 11
3.2 Nfotions ...............................................................................................................................................ll
3.3 Order of Business ...............................................................................................................................11
3.4 AcljaiLrnment Due to Emzrgency ar Disruptian ..................................................................................14
3.5 F'ernussion Required to Address the Council .....................................................................................14
3.6 Voting wid Tele/video Conferencing ..................................................................................................14
~ 3.7 Enacted Ordinances, Resolutions and Motions ...................................................................................16
3.8 Ordinances ..........................................................................................................................................16
3.9 Resolutions .........................................................................................................................................17
3.10 Reconsideration ..................................................................................................................................17
3.11 I,,egislative Pr4cess, PreparaLion, Introduction and Flow of Ordinances, Resolutions and R9otipns...17
3.12 Complaints and Suggestions to Council .............................................................................................13
3.13 Photographs, Motion Fictures, Video Tape Perrnission Required for ArtiEicial Illumination....... 13
3.14 Audio Recorclings ofNleeti.ngs ...........................................................................................................15
Page 2 of 51
T'.ABLE UF CONTENTS, Continued
ARTICLE 4- CQNTAIITTEES, BOARDS etc CC)A7IVIISSIONS ................................................................................18
4.1 Conunittees lx
4.2 Council Relations witli Boards; Cominissions and Council Citizen Advisoiy Bodics .......................19
ARTICLE 5- RFLATIONS WITH CI`l'Y v1ANAGER & ADMINTST1tAT10N ................................:.................20
5.1 Role of the City A7anaaer .
....................................-.............................................................20
5.2 Administrative lnterference by Councilmerubers ...............................................................................20
5Z.1 Infomial Com.nwnications Encoursved ..............................................................................................20
5.3 Administrative Cornplainis Made Directly to Lidividual Councilmembers ........................................20
5.4 rldmviistrativc Complaints - "Best Pracrice" .....................................................................................21
~ AFtTICLF 6 - PUBLIC H..FARII~`G YROCFnURES .................................................................................................21
6.1 Appearance of Fair»ess Doctrine ........................................................................................................21
6.2 Actions for a Public Hearing ...............................................................................................................24
f--~\ ARTICL•E 7- ijSE OF RULF,S ...................................................................................................................................29
~J
. urposL
......................................................................................................2 9
7.2 Use ......................................................................................................................................................30
7.3 k'ublie Use or Reliance Not Intended ..................................................................................................30
Faliibits and attachments:
Exhibit A-1 Telephone'1'ree,Vlemo ........................................................................................................31
Exhibit A-2 TelePhone Tree for Council /lVlanagEr Chart .................................................................32
Exhibit A-3 Parliamentflry Procedure At a Clance ..............................................................................33
Exhibit A-4 I.egislative Proccss Flow Chart
..............................34
Exhibit A-5 Conitnitlce Structure and Rulrs ........................................................................................35
Exhibit A-6(1) Tasl: Forcc/Town Hall Nfeetings General Viodcl .............................................................38
Exhibit A-6(2) Multi-Agency Coordination Tflsk rorce n4ndel ...............................................................39
Exhibit A-7 Citizen's Tusk Forcc General Modcl Chart .....................................................................:t0
Exhibit A-8 Revised Code of Washitigton, 35A.13, CouncillManAger Plan ...................................41
Exhibit A-9 Gencr9l Policy Resolution of Core Bclicfs ........................................................................50
Paee 3 of 51
• \
ARTICLE I - COUNCIL N1EETIiNGS
1.11 Council n'leeting - Time and Location. All regular meetvngs of the City Council shaU
be held at the tiiiies and locations specified by applicable ordinances anci resolutions of
the Cnunc.il.
1.1.2 Council Meetings - C)pcn to the Public. t111 uieetuigs of:' the City Council and oF
couunittees there.of shall bc open to the publie, exccpt as provided for in RCW 42.30.110
or RCW 42.30.140.
1.2 Election of Officers. Procedures i'or electing offirers are as follows:
(a) Biennially; at the first meetvng of the ncw Council, the membcrs thereof shall
choose a presiding officer from tliei.r number who shall have the tiilr; of Nlayror.
In addition to the pawers confcrred upon }um/her as Mayor, helshe shall continue
lo have all the rights, privileges and imtnututies of a me.mber of the Council. Tf a
pe.rmanent vacancy occurs in the office of Mayor, the members of the Council at
their next regular meeting shalJ selecc a Mayor from their number for the
unexpired term. F011owuig the election of the Mayor; there shall be an election
for a Deputy vlayor. '1`he terrn of the Deputy Mayor shall run coneurrently witli
- that of the Mayor. (R.CW35A.13.030)
(b) The election for Mayor shall be cdnducted by the City Clerk. The City Clcrk shall ~
call for nomination. Each member of the City Council shall be penniiied to
' nominatc one (1) person, and nomination shall not require a sccoud. A nonunee
«ho wishes to decline the noinination shall so state at that tvne. 'Nominations are
then closed. The elcctioii for Deputy Mayor shall be conducted by the Mayor,
aiid nouvnations shall bc made in the manner previously described for rhe election
of the Ivlayor.
(c) Fxcept when thcre is only one (1) nominee, election shall be Uy written ballot.
Each ballot shall contain the nane of the Councilmember who cast it. "1"he City
Clerk shall publicly announce the results of the election. Thereafter, the City
Clerk shall record the uidividual votes by couticilinembers in the minutes of the
' tneeti ng.
In the evcnt the Count;il is Luiable to ataree on a Ma}ror by majority vote of members prescnt, the
Office of 'Mayor shall be temporarily fillcd by xn Acting Mayor. '1"ies shzll be resolveci in a
contcst by chane.e. The office of Acting Ma3ror shall be filled by the Councilmember who jus[
previously served as Depu[y Ntayor; or if such person is not a member of the Council, the
Councilmember with the next lughe:st seniority. The Acting A!Iayor and Acting Deputy Mayor
shall continue in office and excrcise such authority as is described in RCW 35A.13 until the
members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting
Dcputy Mayor s]iall eease and terminate.
Paee 4 of 51
13 Presiding Uff7rer. The '.1vluyor shall prcsidc at meetinQs of the Council and br
rec:ognizcd as thc head of the City for all ceremnniai purposes. '[7ie Mayor shall have no
regular administrative or cxecutive duties. In case of the Mayor's absence or temporsiry
disability, the Deputy Mnyor shall act ns Mayor during the continuance of the absence.
In ease of thc absence or temporary inability of the Mayor and Uepury Mayor, an acting
Mayor Pro 'I'emnore selectcci by members of the Council shnll act as Nlsyor during the
cnntinuancc of the absences. The Mayor, Dcputr Mayor (in thz Viayor's absence) or
Mayor Pro Tem are referred to as "Presiding Officrr" from time-to-timc in these Rules of
Procrdure.
1.4 Quorum. At citl mertin};s of the Council, a mnjority of the Couneilmembers who hold
oftice, shall cotistitute a quorum for the transaction of business. A lesser number may
adjuurn hom time-to-time, provided that written nntice of said adjoumment be posteci on
thc exterior Council Chumber doors pec RCW 42.30.090. Council meetings adjoumed
under the previous provision shall t►e considered rcgular meetings f'or all purposes.
(RCW 35A.13.170. 35A.12.120)
1.5 _1ttendance, Excused Absences. RCW 35A.12.060 pravides that a Councilmember
shall f'orf'eit hislher office by failing to attend three consecutive regulttr meetings of thc
Council without being cxeu..~d by Qle Council. Memliers of the Counril may be so
excused by complying with this section. The memlier shall contact the Presiding Ufficfer,
City Clcrk, or City M:inager priar to the mceting and stete the rrason for his/her i»ability
to aucnd the meeting. -~€--~I~-r~lc~~~~=-+=-~~::kl~ =c~e~taat--~#~~-R~~~ir~g-~3n+c:.. t~►r
FOlIOW7I1g fC1(I Ciill, the Presiding Officer sholl inform the Council
of the member's absence, state the reason for such absence, and inquire if there is a
motion to excuse the member. This motion shall be nondebatable. iigon passage of such
motioa by a mAjority of members present, the absent member shall be cansidered excused
and the Gity Clerlt will makc an appropriate notation in Ihe minutes.
1.6 Special Cvuncit Meetings. Procedures for setting a speciel meeting arr as follows:
(a) A special mreting may be csllcd by the htayor or :uiv three (3) members of the
Council. (RCW 35A.13.170, 35A.12.110)
(b) Notice of the special meeting shsll be prepareci in %witing by the. City Clerk. Tlie
notice shall contain the following information about thz meeung: time, place, and
business to be transacted. The noiice form shnll he approved by the City
Attorney.
(c) Ilie nutice shall be deiivered by- regular or electronic mail or pcrsonally to the
residence of each Councilmemtrer, the City Manager, and the busine3s oftice of
each locsil ncwspeper, radio and television station which has on file a wTitten
request for notice of special meetings. The notice must be delivered at least
twenn•-fuur (24) huurs prior to dse meetine.
P.~uc ~ of ~ 1
(d) Chc noticeN rroviJeci in thiti ticction ma~ hc .lispensed within the circumstanccs
provided by RCW 42.30.080, thnt is: (1) As to any member who, at or priur to
the time the meeting conr•enes, files w-ith the City Clerk a written waiver ~~t
nutice, (2) As tn any member who was actually present at the meeting at the tim;_
it convenes, rand (3) In the event a special meeting is called to " with
emergrncy invalving injury or damage to pcrsons or propcrty or the likelihood e
such injury or ds+mage, when time requirements of such notice wauld malce notic~
impractical and increiLw the likeliliood of such injury or damage; or a,s othenvi,.,.
Frovided by law.
1.7 Cuuncil Nlaterial. Cauncilmemhers and afTected staff should read the agenda materi~t:
~ and ask
possible.
1.8 Council 1'a.kcts. stiail pvr5unaily p►Lk up their a6c:nd'i p3LkC1ti frui;
tlic individual mailboxes, pro,.7ded by the City Clerk, unless otherwise arranged by thL
mcmber or further ciirected by Covncil.
1.9 C'ouncil Nleeting AgenclA / Consent Agenda. The City Cleric, under the clirection of t11,:
C:ity yianager in consultation with the Presiding Officer, shall arrange a lisi of propose~:
matters according to the order of business and prepare an agenda for the Council. Aftcr
the proposed agenda has bcen reviewed and approved by the Mayur, the Presidin;_
Officer shall have the uption of adjt.:~_ting th~ ager.da as neceisan• Met3reg-ao"ep}4Foi:
-~~~i3 •.tnti! iiie HeNt-rtgulitr-~~~-1ifw-~wft-dw4-u4
e'F -f~--~-~~t~-~--e~neil--t~liftt A
copy of the agenda and supporiing mciterials shaJl be prepared for Cauncilmembers, th,
C'ity Mannger, and the media who have filcd a notifitatiun request. on or Fsefore close u;
buainess on e Fricisy prrceecii.ng a Tuesday regular Council meeting, or cat the close w
business at lcast 24 hours preceeaiinK a sptcial Cuuncil mrcting. Any revised sgcnd..
tticrefter distributcii sha11 contain the datr, time and authar of the revisioa Distributior
«t thc asenda to Councilmembers shnll be as directed by Council and may he by mn^l
boxes in City Hall, Fax, E-muil ar petsonal delivery %►•hen requested.
Requests for presentatians to be scheduled on the formal agenda imply that
presentation is the official business uf the City. Playing of video tapes shull r,.
pre-screened by the Presiding Officer or desig,nee who shall ruic on the appropriateness
cii tkte video tape.
I'hr Presiding Officer, three (3) Councilmemlecs, a majority of the Councilmembers
present, or the CityManaker may introdtire u nrw itrtii tu iiie <3Llenda at air.eeting.
ra) l-tir C'it}' Msnagcr, in c:onsultation «-ith dic I'residiiig OIlicer, sh;iJl place niatttrs
on the consent agenda which: (1) have been previously discussed by the Council;
or (2) based oa the inforniatian delivered to members of the Council by
administration can he reviewed by n Councilmember without furiher cxplanuiion:
(3) aze so routine, tcchnical or "housekeeping" in nature that passage %tiithout
Jiscussion is likcly; or (A) otherwise deemed in the best interest of the City.
~ I ~ : ~.+f4-~'1:aF~: ~~'l3~~--~t'~c~--trc' ~•'~f'`.CR~`i?L'E'i?f_~?f--c"}tsi•ai}4. {s~.}}?i~i~}u {~?C t};%C~ .
(i The proper Council motian un the consent agenda is as i'ollows: "1 move
,~r~~ at ~#~►~~~.~n of the consent agendA." This motion shall be nun-debatable
and wiU have the eftect of moa7ng ta appr,~%c :";pt all items on the Consent
Agenda Since arrT;~al adop;4)rt-of any item on the consent agenda implics
unanimous conseat, any member of the Cauncil shall have the right to remave any
item from the consent ngenda 'Therefore, prior to the vote on thr motion tn
iitifTt the cansent agencia, the Presiding Officer shall inquire if any
Councilmember wishes an item to be --;rithdraw-ri from the consent agenda. If any
matter is withdraAm, thc Presiding UiYicer shall place the item at an appropriatc
plLkce on the agenda tor the curtrnt or a future meeting.
1.10 Approaching the DAis
Tlie intent uf adding this item Specificall}, to our Ciovernanre Nlanual is to ma1:c it rleir
to Statt; Council and the general public once a Council meeting has been called to onjcr,
stcpping benveen die podium wid the duis will not bc allaw•ed. This includes, bvt is not
limited to, video recording, still photography, tape recording, and written hand-oats.
:lpproaching the dais will not bc permitted aftrr ten minutes prior to the start of the
mc.~tine.
Ihe Council reserves the right to invite anyonc fonvard to he addressed at the dais.
1.11 Study Seasiona and Workshaps. Regular ur Special Council meetings, or portions
thereof, may be desiinatcd as Stuciy Sessions by thc Presiding Officer. Study Sessions
need have no fornial agenda, except when required for sgecial meetings uader RC«'
42.30.080, and may be condurted informally so long as such informality is not in conflict
with these rules. The purpose of Study Session discussions is to allow Councilmemtxrs
to be made aware oF i.mpending business und altow intormal discussion of issucs that
might be acted on at a future mecting. The purpose of Workshops is to allow
C'ouncilmembers to do cancentrated preliminsry work with administration on singlc
subjects but time consuming, complex matters (i.c., budget, complex legislation or
rcports, etc.). Workshopa and Study Sessions shall be in a Icss formal settiag, but
shall not discoutage public observation. Public camment is not allowed at study sessions
aldiuugh the Council may request participAtion in the same manner as a regular Council
meeting. Thc City Clerl:, under tite direction of the Citv \-ianager, shall errtunge a
Pat: 7 ni 51
. - - . . . . , . _ ...i _ ir.i,.... each ilem, contain 1/re discrusivn sribjecl, tlir discussion teader, tlte activity aird the
discusslon gaal. A-fter the proposed worksheet has been approved by the Presiding
(?flicer, a copy shall be prepared for Cauncilmembers, th4 Ciry Ntanuger, and the pres-
on or before 4:30 p,m., one (l) day bcfore the Council study session ,
During 1lre Council study session or workshop, the discusslon lender shoul. .
(a) Introduce the subject and 5ive background information;
(b► Iclentifv tlir discu5sion .
{rl Act as tacilit:itor iu k«°;
i.a) Alert the Presiding 013icer when .
or official direcdon of tbe Counc i
: tic ;olC Ut the PrC$1d1I1L' 0I1:cCi' lo l,t i.. , .i
disctLSSion withc!ut the r.ccc-.,;t. o? :ownciimember beine recot!niied b,,
rc siding o11iL : r. The Presiding Officcr rctains the option of assuming the function of the
diSC:ussion leader at any time in order to n::►int:►ilz_ Jrt:ortun :.rj
:t>LLI1Clllltcil'.i~::i~ ~1~.!',C I~IC i`:' Ilt:".'. :iF:d kECp thC' dISCU$Si1)17 J1C0pCfl`tOCUSL'd. - - - - - -
1.12 Council Travel Provi<i(on•
Ttiis section is intencicd w E}ru~ itiC 6~,uJa11~C 011 tlIC lf(lI1L.1IiUll of ti~e Cour:cil l)udgCc f~"r
city busirtess related travcl erpenses. The total allocation of travel funciing budgeted for
the Lcgislative Branch for the fisc;al year will be appanioned (1/7) to cacl=
Councilmember. These monies may be used to defray cxpenses for lranspartzition.
lodging, meals and incidrntnl expcnsc,s incurred in the conduct of city business. Periodi<
stutements of rspenditures to date will be provided each Councilmc•mbrr hy the rinanc:
Deparvnent. Should A Councilmember cxhaust their apportionment of funds, tha:
persnn wtill be responsiblc far payment of any travel and related expenses or they ma\
request avoluntary allocalion from another Councilmember who hps a balance in their
travel ac:count.
During the last six (6) months of a Councilmember's curnent term of officz, incurring
City business-related travel expenditures require the priar Authorization of the FinAnce
Committee, except when such travel fultills the obligatians oF the Councilmember's
service on state,-vide or regional txiards, co~mmissions or tusk iorces.
1.13 'felephone Tree. Uccasionally thCre ure very imporiant or emergency tiappenings in the
canununit}• whcre membcrs of the Council should receive briefings ns quicl:ly as
possible. A City Council telephone tree system has hec.~n adopted by Counril motion and
i, attachcci a-s L•xlvbit .1-1 & :1-2.
Patzc 8 uf 5 1
1.14 "T6rec Toach Principtc." 1)zcision maktrs and citizens at all levcls uf [hc l'ity sbauld
have adequate time to thuughtlully consider the issues prior to fiaat decisioas. It is the
intent of the Council thnt the Council and AdminLitratian shaN abide by the "'['hrec
touch principle"whenever poxxible. The folluN%-ing pracedurAi guidelines arc: dcsigned
ta avoid "surprises" to the Gity Council, Citizens and Administrative personnel.
~ • :1ny request or propostil for udopting or changing pubiic policy, Urdinances,
Resolutions or City Council Directives which «-i11 require a decision of the City
Cuuncil, or Administration should "touch" (oral, %vritten or any cumbinaUon
thereof) the Decision makers three separate times. Quasi-judicial matters and
any subject discussed in executive sessians are excluded from application of th-,
"Tluee "Couch f'rinciple.''
• (t is recognized that the ha~ids ul' dccision makers 51tou1d not tx tic;d
unneccssarily. Unexpectcd circumstances may arise
;i~•~•~ti~- wherti.in observance of the "°Three Tauch Principle" is
impructicle. However, when unus-ual circumstances arise which justify a"first
cIiscussion" decision, the persons rcquesting the expedited decision should also
exptain the timing circumstances. This Principle ezeludes staff reports and
other general cnmmunications not requiring a Council decision.
1.15 City N'[nnager. The City Manager, as the chicf exccutive officer anJ head ot the
aciministrniive branch of city government, or bislher designee, shall attend afl meetings of'
the City Council, unless excused by the Presiding Officer or Council. The City :4tanagcr
shnl) be responsible to the Council for the proper administratian of all affairs of the City.
The City Nfanager shaLl recommend for adoption by the Council such measures as he/she
may deem necessary or expedient; prepare Fuid submit to the Council such reports a,s may
bc required by the body or as the City NSanager deems advisable to submit; keep the
C'ouncil fully udvised a.s to the business of the City; and shall talce purt in the Council's
discussian nn all matters conceming the wvlfare uf the City. In the event that the City
Nfanager is unable to attend a Council mecting, the City N4anager shall appoint a key stsfi'
member to attend the meeting as the represcntatiVe of City administration. (RCW
-35A.13.084)
1.16 City Clerk -Nlinutes - PubGc Information Access. The City Clerk shrill be ex-officio
Clerk-of-the-Council and shall keep minutes as nequired by law, cind shall perform sach
other duties in the meeting as may be required by the Council, Presiding Ofiicer, ar City
Ntanriger. In the absence of the City Clerk, the City Clerk shall appoint a nplacement ta
nct us Clerk-of-tlic-Cnuncil. The Clerk-af-the-Cauncil shall kcep minutes w•hich identif}•
the generul discussion of the issue and complete detail of the officir31 action or consensus
reached, if any. ~~Lirrzi;ti {~+itl~ r•1ception of Exeiuti\ c Sc~~ions. Rhe City
Clerk shall tttpe tecurd the proceedings of all City Council
ti£'ti~it.-+T"t4~~i►f~t"~~li !*_~it'l'~ul-i}tc't`Eifl-~=~-f>t~h~:i-~"'c`i~f#f}gr.~.--8i1~-fi'Ltl~;~f' {slt'Ci:~}•x »~t~-i~'s d~~
qua5iand shall keep and malce avmilable an indeY
of the topics of each meedng which will facilitate locntion of the item in the appmpriate
minutes cif husiness . Arcess to the taPe recordings shall hc madc reasonably available to
f'aL'e Q of 51
!.t ; it) staCf - :lttrncJunce :it NIrrtiuAs. AttCiid:uICc: ut rncctui};s by (-ily -stai1 stwll kx.
the pleasure of ilic City Manager. It is the intent af the Council that the managr:
sclledule adequate administrative support for the business at hand but also pmtect th..
productive capabiiity of Uepartment Heads. When sound system or other monitorin.
cupabilities exist, the Mancagcr ma)' allow personnrt to utili-re nmductivc tinle in thcl-
otrres or nther areas while waiting fnr the
~IZ i 1C.LI: UL.11L~ .~`U k'ttl~ ILL(,~:5 Ul• ~iL~1t3i:it~
2.1 Respect and Decorum. It is the duty of theMu}•or and k.
dignity snd respect far their ofiices, C:ity staff and tlie public. Wliiie the Council is 11,
session, the Councilmembers shall preserve order and decorum and a member shull
ncitlzer, by conversation or otherwise delay or imemipt the proceedings of the Council.
nor distttpt or disparage any (',~:t>>~ii~:~~•Itl~'.i' _.•~~l ll~: ~~uf~~
shall obey the orders of the Chai r
t\ny pe.rson making disruptive, cii;paraginb or imp~iiinent remarks or unre:von::i,!,,
disturbing the business of the Council, either while addrtssing the Council or attrndin~
it's proceedings, shall bc asked to leave, nr be removed from the meeting. Continuekf
disniptions m;tv result in a reces; nr :idjneimment as 5ct Fcirth in sertion 3.4 of
~ .,,i
i ionur." 1 he Deputy Niayor shall be acidressed as "Deputy Mayvr (surname)." Membcr
of the Council shAll te addressed as "Councilmernber (surname)" unless tivair•ed by di~-
F'residing Of'ticer.
2.2 tieating Arrnngement. Cauncilmembers shall occupy the respective seats in the Cauncil
Chamter assigned to them by the Mayor.
2.3 Uissents and ProteSts. Any Councilmember shc+ll have the right to express dissent from
or prutest, orally or in w-riting, against any motion, ordinance or resolution of the Council
and have the mnson therefore entered or retained in the minutes.
2.4 Filiing Cauncil Yacuncici. If a vacancy occurs on the City Council, the Council will
Follow the pra;edures outlined in RCW 35A.13.020. In order to till the vacuncy vNith the
niust qualified person nvailable until aii election is held, ilie Council will publish a notice
of the vacancy. the prdcedure, and disvibute the appliration farm for applying. The
Pagc 10 of 5 1
COuilci] %ti ilI dra%ti ul) un application «iuch contains releNarit int'orniatiurl tu answer set
qucstions posed by thc Coancil. The applicntion forms will be used in conjunctian w7th
nn icwterview of cach canciiciate to aid the Council's selection of the new Councilmember.
L•'ncl qj:9rtrcle Duties und Privifege,s o1:1lennhers
ARTICLF. 3 - CUUNCIL MEFTITG PROCEDURES
3.1 Rules of nrder. Rutes of order not specified by stalute, urdinance or re;olution shall be
governed by the chart of the most common "Rules of Ordrr" cJuesuons. Attached as
Ertiinit A-z.
(a) Out of Order Rcquests.
Uccasionally a rnember of the public may wish to spexk on an agenda item but
cannat remain until tlle itern is reachcd on the agenda. During Qpen Comments
Fram the Public, such persan may rcquest permission to spcak by explainung the
circumstances. The Presiding Officer in his/her sole discretian sh1il1 rule nn
allo«1ng or disallowing the out of orcier requese.
3.2 N-Iotions zind niscussinn.
(i►) All ile:ms of busintss plaeed hctilre the Council that rryuire the cxpcndiwre ot
Council and/or administration re-sources shall bc in the furm of an atTirmative
motion. Affirmative motions arc rTet'errzd co rrek,rnt "appro%,a) hy default" of a
failed negntive motion.
(b) Agenda items scheduled a5 Ncw or Uld 13usine,s sha-ll require a motiun by a
Councilmember bcr'ore discussion unless the Council shall suspend the
requirement by majvrity vote. t1pon failurz of eicher aprior motion or rule
suspension, the agendu item shall hc passed o%•cr and may nut he rcintroducrd
until the ncxt regular mccting.
(c) When pussihle. Councilmembcrti Should direct qucsiions primarily tu the Cit}
Mana£er.
3.3 Order uf Qusiness. The business uf all regular meetings, of thr Council sh:►Il bc
transacted as follows: pravided, however, that the Presiding Uff icer may, during a
Council meeting, reartange items un the agerlda to C011duCt the bu:iness betiorc thc
Council m(>re rxpeditiuiisly.
~ (a) Call to orJrr by the Yre:icling Utlicer.
t~-.; . - _
~ (b)
ra-c i i oi 51
(~il }ZoI1 i',d1 (see: Seciion 1.5 for prucCLlui•e to excuse rin abscnee).
!c} Appro%al uf A-gcnda including
, Cunscnt :lecndnl
(t~ tntraiuc¢ion of Cpccial Guests And Preseinatntions
~ (ce) Comaiittee, board and liaison swnmary rerorte. Fxtendcd reronc ho rlacc;i
aRer New Busiucss or suhmitted in «7i~
~ (1v) Prc:siding Ofticer's repv.
C:omments from the puhlic uu subjeCtS nuL wi 11L.
nurzutc,s cach, unless mociified by thc Presiding Offit :
Note: thc City Cauncil dcqires to ullow A maxiniu~~i uppurw«it% fur puhh:
cnmment. Howeti•er, thc busiaesx of the City must procced in an orderh .
timely manncr. At uny time, the Fresiding Officer, in the I'residing Ofiicer',
sole discretion, may set such reasonnble limits as Are necessary tn prc~ cnt
disruptiun of i,ilirr nvcu,~:ir% hu.iiIe,;.
1. Subjcct. nnt uri chc currcilt :r,zAnLl:i. i:i~• l'i~ .:,;i, ~~'li.•~
a sibn-in proccLlurc tur spc:al:zrs. Any menit►er uf tlsc public may requr>i
time to aeidress the Couiicil aHer tirst stating theu nane, address, And thti
subject of thcir cumments. The Presiding Ofticer may then allow thQ
comments subject to such timc limitations as the Presiding Officer deem-,
necessary. Falluw7ng such conuncnts, thc Presidinb Ofiicer may place th,
iiiatter on the agenda or a future agendu, or refrr thc matter tadminiStraEicin Uf a C UUIICiI cilinmiuee tior invrsti~ativn artJ re.iort.
Subjects un the current ygenela. :1ny mcriilier ot'thr rublie «ho wi•he;
to address the Council on an item on the currept vgendA shall mFilce such
request tu the Presiding Officer at the time when comments from the
public ann requested dnring the agencia item discussion. 'i'hhe Council mAy
6ear such comments hefore or flfter initial Councjl ciiscussion. :1s an
option, ilie Presiding Officer mny invuke A sign in procedure. The Nfayur,
in consultation with the City Attorncy, shall role on the uPpropriateness of
public comments as the agenda item is reached and sluill rule on a specific
individual or group time limit far public comment. The Presiding Officer
may change the order of speakers so thsit comment is hcard in the most
lagical groupings.
('timmeaits shall be made fmm the microphune, tirst giving nnme address
aiid subject. No comments shull be mide from nny other loration, nnd
Pa;c 1 ot 5 1
ariVOne mak-ing "c,ut of orcicr" cornments shall be suhject ,o removsl lroni
the nieetinLv.
[ hcre %4ill be na dcmunstrations duriiig or at the cunclusiori uf anyunc;'s
presentation. :1ny dISNJ?Uve behavior, as detecmined h}• the Presiding
Offictr, shall be cause for removal from the meeting room.
Thesc ntles are intended to promote an orderly system of halding a public
mceting, to give persans opportunity to be heard and to create an
cnvimnment in which no individuals am embarrassed by erercising eheir
right of tiee speech.
h. :1iiy ruling by the Presiding Of2icer rtlative tu the stihsections 1 und 2
above may be averruled by a vote of a majority of inembers present.
7. Public comments received during the public comment period shail not be
allowed by the Council if they reiate to any mattcr upon «•hich a public
~ heuring has t.Lrn mt1~- te required.
(h) Public Hearings (see Article 6 far procedural details).
(i) ('onsent 2%venda (sec 5ection 1.9 (A) for procedurai cietsils).
Ij 1 ()1d Businr,s.
i k) New Busincss.
(i) Public Comments. (3minute tiine limit earli)
( m) Administrativc Rcpcirts. Reports or tracking af an ndministrativc nnture.
(n) infunnatiun.
(o) Cscculive Scssiun (a.5 requirea). EKecutivr ses;ians ma} be hcl(t in accordance
with the Open Nleetings Act, RCW Chapter 42.30. The Council may hold an
cxecutive session during a regular ur s-pecial meeting. Before convening in
exec;utive session, the Chair shall publicly tinnounee the purpose for excluding the
public from the mecting ptsce and the time when the executive session sliall be
cancluded. If the Cauncil wishes to adjoum xt the close of a meeting frum
executive session, that fact wiil he announced along with the estimated time for
the execudvc session. The Announced timc limit fur zxecutive sessions mav be
extended by aanouncement of the Chair. ~
Councilmembers must kecp coniidcntial all oral sind written inxormation pro%7ded
Juring executive sessions to protect the best interests of the City. Con}identiality
also inrludes informntion pmvi:lcd to Councilmemhers outside of exccutive
Paga 13 of 51
sessiucl-i whcn the iniormation is ronsicferrJ cxciiipt from disclosurc UIllje[ tllt;
Code of Ethics for Municipal Officers.
approximateiy 9:00 p.m., without approval of a majority uf the Councilmember,
who are present and eligible to vote. A new time limit must be establishztl befor,
wking a Council vote to extcnd the meeting. In the cvent that a meeting has ni.
been elosed or continued by Council as herein specitied, the items not acted oi
shall be deferred to the next regular Councii meeting as oid husim,
C'ouncil, by a majority votc of inembers present, determines otllenvi
3.4 Adjournment Due to Emergency or Disruption. In the event of emergency, ~i,
tire, threatened violence, ur inability to regain gaod Qrder, the Mayor shnll furulwi:i
declare the mectlilL- ;0IMif?iC'd l't,Tl1?1111tkJ :'.!:~l 01~ ('!1%' ~"W1T1-:!! Sl'"111
tfic meeting rc,~ ,
3.5 Permission Rcy.,,:E tki L,-, ii,. . „ui;k ,L
administration shall tk pernutted to address the Council upon rrcognition un,`_ r
introduction by the Presiciin$ OiTicer or the chair of the appropriate C"ouncil committe~
3.6 N'oting und Tele/video C'oiifrrcnrint•,1,, Iu;-I " 7-1---t;-„_ ~
sliall be transacted as follo%N,
(S) Unless otherwlse pro% Idt.: bN ,l'.11U1C, oCJ1i1.ll1~C, oI' CeSUIUIIoIl, ,11l \i)i:s ,hsll h_
taken by voice, except that at the rrquem ctif any (_'ouncitmcmbcr, a rolt c,dl vc,,
shal l bc taken by the C i*
determined b}• the CitN. (.'k
Ibl In case of a tie vote un any, proPusal, the motiun slSxll be considc:rea
(c) Every member who was in the Council chambc.rs when the question was put, shal~
give his/her vnte unless the Council, for special reasons, shall excuse the membc:
Uy motion. If any Cuuncilmember refuses to vote "ayc" or "nay," their vote shr.,;!
be counted as a'`nay" vote unless the Councilmember is abstaining due to actual,
or appearance of, a conflict of interest.
(d ) The passage of any ordinance, grant or revocation ot franchise or license, any
resolution for the payment of money, any approvnl af wnrrants, and any resolution
for the removal of the City Mnnager shall require the affirmative vote of at least a
cnaiority of the whole menibership of the Cauncil.
Paec 14 of 51
(c► 7hc pass.zge uf any puhlic etuergency or dinalice (an ordinaner that tak-es efiert
immediately), expenciitures for any cal:imity or violence of nature or riot or
insurrection or w-ar (except for the statutory powers of the Mayor in accordanec
with RCW 35A.13.030), and provisions for a Jesser emergency, such as a budget
amendment, shalt require the affirmative vote of at lcast a majority plus one (1) uf
the whole membcrship of the Cauncil. (RCV4' 35A.13.190) [n the event
calamitous conditions 5hould prevent nssembly of such majority thru death or
injuries, the provisions of RCW 35A.I3.035 mny be invoked.
( tl 7Ue passage of any motion or resolution not subject tu tlte provisions vf
Washington law, the Spokarte Vulley Municipal Code, or this Rcsolution as
amended rrquiring a"svper majarity" for approval, shall require the af(irmative
vate of at least a majority of the memUership of the Council «-ht) arr present and
cligible to vote.
Teleivideo confercnce participation by Councilmembers may bc a111aweJ
provided tec,hnical availability and compxitibility of electronic equipmeni
shaU enable the Gouncilmember to hcar the proccdings, br heard by thosc
pnsent and participaie in Council discwsion.
(a) ftequests to use telelvidcro c:oafrrencr purticipation 1or ti•nriir,g
purpases shall be limited to extraordinary circumstances und must
he ruled upon by the Council-of-the-\k'hole bv specific motic,n
hefarc the Council main agencia begins.
(h) In such case, adequate equipment must aliuw the telelvidco
conference pxirticipant to engage in Council discussion and be
heanl. Telepkonelcomputer system chargcs are to be at the
Councilmemhet's own expen.se, unless waived in the Council
rnaticsn. Adequate naticc must te given to allow hookzip in timr
tur the main agenJa.
}tequests to monitt-)r hv
teler'~~ideu canlerence in a rronti-0»in Capacity
shall be granted provided tc-chnic:al capability exists and adcquate rwtice is
given, and shall hz at the Cotincilmembcr's onn cxpensc. unless waived in
the Council motion.
3. No tcle/video confcrence participmion tor voting purposcs siiall tx
allowed far public hearings ar any quasi judicial Froceedings. Videu
conferencing rnay bc permitted upon a majariry vvte of the Council
present at the meeting sitc for such proceedings provided thni Fill
documents and exhibits are clearly visible nnd legihle to all parlicipunts
and provided thnt a video and audio record of the videoconference is made
and provided to the clerk. The cost of such videoconferencing nnd record
thereof shall be paid by the Councilmemher requesting videoconferenciu,
unless waived by vote ni'the City Cc,uncil.
P2ge I i nf ;I
' . . . , . . _ _ ' . i . . . . . . . . ,
. . _ . . . ' . . i . . . . . , . , . . . _ . . _ i 3.7 1 i}:!C[c_i ,hfI{tlI1
c:1j :1n enacted ordinanrc is a legisl.:..
orgnnization or conJuct relating to the corporate affairs of the municipaliv.
Council action shall he tnken by ordinance
pmscrilied conduct may be enfarced by pt:nalt%.
Ib1 An enactcd rrsulution is an administrative act Nrliich is a torntal swtemrnt ot
policy concerning matters of special or temporary character. Couucil action shall
be tal:en by resolution when required by law and in tho.c in~tmicc,; «•hcre :33i
expression of poliey more formal than A motion is desir~'d
(c) An enacted motion is a form of aetion taken by th< ''L:: lL: i:.
specific action be taken on behalf of the municipnlity. A motion, once approved
and entered into the record, is the equivalent of a resolution in those instanccti
where a reso(ution is not required by luw, and where such motion is not in contlict
with existing State or Federal statute.s. City Ordinances or f?eso1ut;,,,,;
3.8 Ordinances. The procedures for ordinances arc as follows:
(a) A Cauncilmember mny, in open session, requzst of tiie Nre,idinb uiiicer tii.lt tli:
Council study the wisdom of enncting an urdinancc. Tlic Presiding Officer chcn
cn$y assign the praposed ordinancr to thc administration, a conimittee or thc
Council-of-the-Whole for consideration. The committee or administration shnll
repon its findings to the Council. The City Manager may propose the drufting o i
ordinances (1tCW 35A.13). Citizcns and Boards and Commissions may als,~
propose considerntion of ordinsinces and resolutions, see Exhibit A-4 attached.
( h) Sponsorship. When a Councilmember wishes to assume sponsorship oF an
urdinance or resolution, he or she should so annaunce, make the initial motion
anci providc 3I1 IIILCOdUL'ltoll II)! IhC 111C3tiUCc'.
(.c) .~~ll ordinances 5ha11 iiuriM►IlN' tsave twu separatc reaciings at seParate Counril
incc:tings. Unless waived by the City Council at each reading, the title of nn
ordinance shfill, be read by the City Clerk prior to its passage; provided that
should a Councilmember request that the entire ordinance or certain of its sections
be read, such request shall he granted. Printed copies shill be made availnble
upon requcst to anti° person attending a Council meeting.
Pa,e 16 or 51
(d ) l-he pro% ision reqtriring t~% c► (.2) scpurate rcading5 ul* an uriiinance may br waived
at any meetitig uFthr Council by a majority vate oi'all memhers present.
(C) tf a motion to pass an ardinancc to a sreond reariing fails, the ordinancc shall be
considered lost, unless a subscquent motion directs its rcvision and resubmission
to second reading.
l t j :1ny ordinancc repealing an}r portiun of tho Spokane Valley Municipal Cade shall
aiso repeal the respecUvc portions of the underItizng ordinance(s). Ordinnnces
rLpealing ettrlier ordinAnces shall nut apply tu act., inr.idents, trans:ictiorLS cir
dccisiom5 occurrin~ hefcire such rePeal.
3.9 Iteaolutiony. :1 resolutii►n ma}• he put to its tinal rassas;e on thc same day on which it
was introduced. Nowever, Council may invoke the two (2) reaciing pracedures describcd
in SeMion 3.8 (c) above to facilitate public undersianding and/or comment an the
resnlutian. The title af cach resolution shsill, unless waived by the City Council, bc read
prior to its passage. A CounciLuember may reyuest that the entire resolution or certain of
its sections be cead, and such rcquest shall be granted. Printed copies shall be madc
available upon request to uny persan attending a Council meeting.
3.10 Reconsideratian. Any action of the Counril, including final action oci applications for
Icgislative changes in land usc 5tatus, shall be subjert tu a mution tu reconsider cxcept :
~ • any action prcviously recunsidcrca,
~ • motions to adjourn or motions to suspend thc rules,
~ • an affirmtttive vote to lay an item on, or take an item tiom, the table.
~ or a vote electing to office one who is present und docs not decline.
Such motion for reconsideration can only be made by a member ofthe prevailinb sidc on
the ariginul actiQn. A motion to reconsider must be made no later thnn the next
succeeding regular Council mecting. A motion to rrconsider is debataale only if the
action hcing ceconsidered is debatable. Upon gassage of a motion to rccansider, thc
subject matter is retumed to the table ancw at the next regular Council mecting far Fsny
actian the Couacil deems advisablc. Any motian for reconsidcration of a matter which
`vas the subject uf a required pvblic hearing or which is a quasi judicinl matter msiy not
he discussed or acted upon unless and until the parties or their attorneys and the persens
testifyinF have been izi%,en at least tive (S) dayS fldYance notice af such discussion andlor
action.
3.11 Lcgislative Process, Preparation, Introduction and Flo«• of Ordinances Hnd
Rexolutians and Niotions. Ordinances and Resolutians will customarily be prepazed,
introduc:ed and pmceed in the manrier drscrihed on tl~c now chart attached hereto as
!'3i:t: 17 ot 5 1
F:xhibit A-4, and by iliis rel'crence incorpor.►tcd hercin. f'rior to tinal P;L;s;!e%- nf 'ordinanc:zs, resalutiorts or motions, such documents or proposals shall he dc,
DRAFTS. All such drafts shall also be dated to include the most recent ;
(a) PROPOSED bRAFTS shall contain the date and name individual originnting or spansoruig the pmposal prior to the first presentatiuii
the City Couneil. Praposed dmfts msy be initiated by individu.{'
COl1I1111111CTI+7,:. 011' CIfV ,I11T7:l!'i C. ("lil!;'T?ti i~C i:!C-~`. rn?rt~~i:;;,itti
t;L k grcnup -
(t,) COLIrCIi ( ~ ,
presented i,
3.12 Complaints and
bmugbt before the l'it}, Cuuiicil not un an agenda. Uic k'residing Utticer shall, ij
l'OIl$I.lltflilOfl Vb'ltl tE]C C.ln' flf':I il!'t;'P.111T1C 111t' 1~,1!C 1',
administrative in cuitvre and
(a) If lcgislative, and $ COTfI(~lall:i 1_,abUiil lllc Lt1i'L~'u.lC:; ol i11lLlli UI
suggestions for changes to such acts, and iF the Council finds such Compluin;
suggests a change ta un ordinance or resolution of the City, the Presiding Officer
may refcr the mntter to a conlnnitteL~, ou thr Giuncil--Ii'-tl1C-tl hk,lC
for studv snd mc:ommcndation.
(.b) If ttdministrative, anel a complaint regards admiuistrative 5taff pcrfifrman«.
eKecution of legislAtive policy or aciministrative policy within the authority of t1lL
City Mnnager, the Presiding Oflicer should then refer the compluint directly to the
City Manager for review, if said complaint has not been so reviewed. The CitN
Cot11]Cil mAy direci that thc Citv Manarer hrief ihc Council \\fien the C'it•,.
Managcr's tt,, : _ .
3.13 Photographs, QZOr10Il pi, (UI'c -ri' t iti i'!t I li{tlli lil;; ;Il Si11~L1I I1I Uillill.lilt!il CI,%C
Permission RequireYl. ho ww eriiraci prajcction, phuto};raphs, mutioii pictures, or viile, tapes thut require the use of flood lights, or similar artificial illumination shall be used b•.
the public at City Couneil meetings without the prior consent of the Presiding Officer u:
the City Manager.
3 ~-1-1 -Aad;o Reee~d~gs-o~:lteeii~gs~~}~r~~tl~r-t
pt' . l-i--be-reeetd-
-oFdFf1i! de. comp6wd 've gp
I`—Ff?jtE~--t~ ft';-wt►f'k5hops
.4f 'oMed elte , 14 , -filess
• ~~it~i~«4a~i1?C-~-4{i-~~i=f?f.►L'~!'. C3?4--M?e+s71C4; i=f Ci{~- C lZfh:
I:irc! o/'r1 rlicle 3- Cotiricil l'rocrchrre.s
P:iQC 18 of 51
ARTICLE a- comn[rrrE:Eti, 13nAK[)ti & COMn1ISSIONti
4.1 Cammittees.
(a) AU standing Committces, Bonrcls, and Commissions which ure requirrd by state
iaw shall be appointed by the Nlayar with contirmatian by the Cauncil.
~ (.b ) All other Council Committees, Citizen's Taskforce groups and rules ar apcmting
procedures thcreof shall be established by Council Direciive with special aitention
to RCW 35A.13.120, and after consultntion with the City htanager. Such
conitnittees shall be commissioned for a time certain, not to exceed two years
or the term of the appoinung Mayor, whichever is less and provided with a clcar
tnsk description and "sunset" provision. Appointment shall be by the Niayor.
Cuuncil may waive confirmation in the instrument creating said committee or
guup. Such Committees sbaJl be subject ta review, whenevcr a new Council is
sented foUuwing electiuns, so a5 to determine whether lhe committee and its
functions continue to be appropriate and necessary. Members of any Commiitee,
I3oard or Commissian which have beeo appointed or confirmed by the Council,
may be renoved without cause by a majority vote of the Council. A copy of the
motion(s), ar as hereaRer amended, estsblishing committees, liaisoas and citizen's
task force groups shall te attached hereto, ss Exhibit A-5. (See the attached
related charts Exhibits A-6 (1) (2) & A-7.)
~ (c) Other special ad hoc comuuttees and Couneil liaisons for a particular purpase
may be appointed by the Mayor. without eonfirmation of Cauneil far a tune
certain, not to exceed the term of the appointing Mayor, along with n elear task
description anci "sunset" proNision.
(cl) Committees, liaisons and citizcn'g taskforce braups shall be given an opportunit}tm make a recommendation, when appropriate, on propo5ed urdinnnces,
resolutions nnd motions within thcir area of responsibility or interest, beforc
actiun is taken by the Council. Ific appropriate spokespcrsan stuill present thr
recommendation(s) during discussion of that business item on a Council agenda.
(e) Vo Advistity Boarcl or Commission shalt tal:e any final action uutside of an op-cn
public mceting.
4.2 Council Rctations with lionrds, Commissions and Council Cititcn Advisory.
:A.ll statutory hoards and coinmissiuns and Council citizen adN isorv bodics ot' the (_'ity of
Spokane Valley shall provide the Council with capies of minuies of all meetings.
Communications from such boards, commissions und bodies to the City Council shall be
acknowledged by the Council. Any member of the Council may also bring such
communicntinn io the Presiding Officer's attention under the agenda item "Committee,
Board and Liaison Reports." Should any mrmher of the Council detrrmine that any such
Vaoc 19 of i I
cc)mni uilicatiuiti bc ot~ticiall} ~unsNterekl h~~ thr Cuur1cil, tl}C f'rr~i~liljs~ (_il~il~cr shall placi:
the matter un the agendu under New I3usiness for the current mceting or any subsequent
rlieeting.
Eircl vj .-lrtrc•Ie J- C'umntrttee.r. 13onrds Cuntnrissivns
r1RTICI.E 5 - IZELAT[ONti 11'ITII CIT1' tiLAvA("T'.R &:1DM1NIS'tRATION
5.1 Role of the City N1anager. The Cit} Mauia►;rr is thc cliirfachninistrative ot'ficer of the
City oC Spokanc Valiey. The Manager is dircctly Accountuble to the City Council for the
execution of the City Cauncil's policy directivcs, and for the administration and
manag,ement of all City departments. The pow°ers and duties of the City Maneger are
Liefined by Washington law, RCW 35A.13.080. Such duties may be expanded by
Ordinance or Resolution. Balanced with City tiianager's accuuntability to the City
Gouncil for policy impiementation is the need far the Council to allow the City Mannger
to pecfi,rm leeally detined dutics and responsibilities wiihout intcrference by the Ciry
C'ounril in dic day-to-day management decisions of the City Manager.
5.2 Aeiministrative Interferenee by Couacilmembers. Neither the Cduncil nor any of it
committecs or membcrs shall direct or rcquest the appointment of any pcrson to, o,
hislher removal from, any office by the City Manager or any uf his✓her subordi.nates
Except for the purposc of inquiry, the Council and its memtser5 shall deal with tli~
administrative branch solely through the C'sly !vlnnager and neither the Council nor an,,
cumminec or memher therevf shall give any ordecs tu any subordinate of the Cit'.
ti-tanager, either publicly or privately; provided, however, that nothing herein shnll K
construed to prohibit the Council, while in open session, from fully and freely discussin~
with the City MFUiager anything pertaining to appointments and removals of City officer--
~id employees and City affairs. (RCW35A.13.120.)
5.2.1 Informat Communications Encourugeci. 't'he abave requirement of RCW is nat tp ba
construed ss to prevent intormal communications with City statT that do not invalve
orders, direction, or are meant to influence actions or administrative policy. Membcrs of
the Council are encuuraged to interact informally and casually with City staff for the
purpose of gathering inforniation, obtaining explanations of policies and prograns or
Providing incidental informatian to staff relevent to their assignment. Such informal
contacts can serve to promote beCter understanding of specific City functions and
problems. However, Couneilmembers must be ettreFul in suc:h interaction to avoid giving
directian or advice to members of City s-taff. While maintaining apen lines of
commuaication, City staff responding ta informatian requests from Councilmembers +ti-ill
inform their supcrvisor of such contact and provide the Supervisor sk-itli the same
informarion shsired with the Councilmember.
53 Administrative Complaints htade Directly tu lndividual Councilmembers. When
administrative pn(icy vr administrative perfornisnce complaints nre macic dirrciIy to
Pace 20 of 51
iiidivielual Councilmeciitx:rs, elie Cuuncilmc►nbcr sLiall then reCer tlic matter ilirrctlv to ille
City Msnager for review and/or aetion. 'Ihe individual Cotmcilmember may request to
i?c: infarmed of the action or response made to the complaint. Howevcr, the Cit~Maneger shall n4t be requirrd w divulge informatian helshe deems confidential, in
conformitv «-it11 3rplicabic statutes. ordinances. reculations, policies c,r prarticer,,
5.4 AdministrAtive C'omplaiats -"Iiest Pructice." :1lthuue-li citizens' dircct acccss to
rlecteci officials is to be eneowaged to help develop public palicy, Ciry Councilmembers
tihould QOi dCVelop u"personal intervention" pattem in minor calls for servicr ar
administrative appeals which may actually detay a timely customer service respon5e.
The best policy is to get the citizen into direct contnet with customer scn-irc uiiless an
unsatisfactorv result has occurred. In thal case rcfcr to Srction 5.3 ahovL.
F.ncl n/'.9rlic•le S- Relatri»t.s wrth (__'in, :lfuira,ger cYc :lcfministrutiurl
:LRTICLF. 6 - PUBLIC QEARING AROCEDURES
6.1 Appearance of Fairness Doctrine. :lppearance of Fairness l)ortrine :inci its
Application:
7Appenranre of Fairness Uoctrine Dcfined. "In short, when the law %vhich calls
f'ar pablic hearings gives the public not anly the right tU nttend, but the right to be
heard ris wep, the hearings must not anly be f'air but must opnerrr to be so. It is u
situation whcrc appearances are quite as importAnt as substunce" Smi1h vs_
Skag,it Countv, 75 Wn.2d 715 (1969). "'Ilie test uf whether the Appearance af
iuirness doctrine has been violated is as fullows: Vilould a ciisinterested person,
having been apprised of the totality of a board mcmber's personal interest in a
matLer being acted upon, be reasonably justified in thinking that partiality mvy
erist? If answercd in the affirmative, such deliberations, and any course oC
conciuct reuched thcreon, should be vaided." SwiR vs. Istand County, 87 Wa2d
348(1976).
_Types o! Hearings to Which the DoctrinQ ApplIes. The ,4ppearance of Fairncss
Dcx;trine shall apply only tu those uctions of the Council which nrc quasi judicial
in nature. Quasi judicial actions are defined as ections of the City Council which
deterniine the lc:gul rights, duties, nr privileges of specific pttrties in a hearing or
other r,antested proceeding. Quasi-judicial actions do aot include the (egislative
actions adopting, amending, or revising comprehensive, community, or
neighbarhood plans or other land use planning documents or the adoption of area-
«ide zoning ordinances or the adoption of a zaning amendment that is of area-
wide (versus site-speeific) signifcancc (RCW 42.36.010). Street vacAtions are
typically legislative actions, unless clearly tied to, and integrated into, a site--
specific de<<elupment proposal which is yuasi judicia! in nature.
Pagr 21 of 5 1
(c) Ubligatians of Councilmembers - Proccdure.
~ . Immeciiate self disclosure uf interests thut mny appear to constitute n
conflict of interest is hereby encouraged. Councilmembers should
rccugnize that the Appcarance of Fsimess Dactrine daes not require
c5tablishment of a conflict of interest, but whcther ihere is an appearance
u!' conflict of intcnst to the averuge person. This may involve the
l i>unc;ilmemlxr or a Councilmember's business associate, or a member of
the Councilmembees immediate family. It cauld involve ex parte (outside
the hearing) canuuunications, ownership of property in the vicinity.
husiness dealirtgs with the pmponents or opponents before ur aftcr the
hcaring, business de:alings of the Councilmember's employer with the
pruponents or oppunents, announced predisposition, and the libe. Priur to
any qunsi judicial hec;ring, ench councilmembc•r should give consideration
to whether a potential violauon of the Agpeumnce of Faimess Doctrinc
exists. tf the answer is in the affirmative, no mntter how remote, th.~
Councilmember should disclose such facts to the City Manager who wii i
seek the opinion of the City Attume} as to whether a potential viulation o!
the Apperuunce of Fairness Doctrine exists. The City Manager shai:
cammunicate such opinion to the Councilmember and to the Presidinb
Officer.
~ _:U►yune seeking to disqualify n Cuuncilmembc;r from parcicipating itt n
dreision on the basis of a violation of the Appearance of fairness nacvine
must raisc the cliallenge as soon as the basis for disqualification is made
known, or reasonably should hnve beem made known, priur to the issuance
of the decision. l.Jpan fuilure to do so, the Doctrine may not be relied
upon to invalidate the decision The party seeking to disyualify the
Councilmember shall state with specificity the basis For disqualificatian;
for example: demonstrAted bias or prejudice for or again.st n party to the
prc7ceedings, a monetary intcrest in outcome of the prac:eedings,
prejudgment of the issue priar to henring the facts on the record, or er
parte contact. Should such challenge be made prior to the hearing, the
City Manager shall direct the City Attomey to intem7ew the
Councilmember and render an opinion as to the likelihood that an
Appearance of Fairness violation would be sustained in Superior Court.
Should such chullenge be made in the course of a quasi judicial hearing,
the Councilmcmbcr shall either recuse him1hersclCor the Presiding Officcr
Piat22of5 1
slyall ritll a reccs> to Permit the City :1ttorney to make such intcrview and
rendrr :uch opinion.
'Fhc Yresiding Uflicer shall have authorit}' to reyuest a Counciimembcr to
excuse him/herself on the basis of an Appeamncc of Fuirness violation.
FurthCr, if two (2) or more Councilmembers believe thnt nn Appearance of
Fairness violation exist.g, such individuals may move to request a
Councilmember to excusc him/herself on the basis of an appearance of
Fairness violation. In arriving at ttus decision, thc Presiding Officer or
other Cotuicilmcmbers sfuill givc due reLard tci the opinion of the City
Aitomev.
(d) Specific Statutory Provisions.
1. Candidates for thc City Council may cxpre5s their upinions aEwut pending
or proposed quasi judicial actions while campaigning, RCW 42.36.040,
except that sitting Councilnsembers shall iiot express their opiniuns ou aiiy
such matter which is or may come befare thc Council.
2. A candidatc for the City Council «ho cQmplies with all provisions of
applicablc public disclasure arid ethics laws shall not be limited under the
Appeamnce of Fuirness Doctrine from acrepting campaign contributiuns
to finance the campaign, including outstanding debts. (RCW 42.36A50)
Ez Parte communicatjona should be avoided whencver possible.
During the pendency of any quasi judicial proceeding, no Councilmember
may engnge in eY parte cammunications with proponenLs or appoacuL5
about a proposal involved in the pending proceeciing, unless the
Councilmember: (1) places on the record the substance of such ornl or
«ritten communications; and (2) provided that u pubGe announcement of
the content of the communication and of the parties' riglit to rebut the
substnnce of the communicatian shall be made at cACh hcaring where
act.ion is talcen or considemd on the subject. This does not prohibit
correspondence bcnveen u citizen und his or her elected officifll if the
correspondence is made a part of the record, when it pertains to the subject
ciiattcr of a quasi-judirial procceding. (RCW 4Z.36.060)
(r) Publlc Disclosure Eilc. The Cicy Clerk shall maintain a ruhlic disclosure file,
which shnll be availablc far inspection by the public. As to elected oftici:ils, the
file shall contain capies of all disclasure forms filzd with the Wa.Shington State
Puhlic Disclosure Commission.
Pagc 21 of ; 1
'I .
leading to a quasi judicial hearing brCore the Planning Cummission anci Cit.~
Council shall be provided with a documcnt contnining thc following informatior.
(1) the names and address of ali members of the City Council, and the PlanninL
Commission, (2) a statemcnt that public disclosure information is available fo:
public inspection regarding all such Counrilmembers, and (3) a statement that i ~
the applicant intends to ruise any appearance of faimess issue, the applicaii•
should do so nt least two (2) w•cxks prior to any public hearing, if the grountis fr,:
such issue nre then l:nrnwn and in ail cases, no later thftn hefnre the opcninc
' l- I.:.:f::i_ , .ii'~._..:!i •I ;ij , i i'~',_ ! ? .i'. !~!i . ,:II'.
(a) Prior to the start of the public hearing, the Presiding 011icer may require that all
persons wishing to kk heard shaU sign in with the Ciry Clerk, giving their namr,.
and addresses, the ugenda itcm, and whether they wisli to speak as proponent.
opponent, or othenti7se. Any person who fails tn sign in shall not be percnitted to
speak until all those who signed 'm have done so. At any public hearing, petsan,
who have signed in and wisb to be heard shAll be given an opportunity to hc
heard. However, the Presiding Officer shall be authorized to establish spealcer
timc lunits and oihenvise control presentations to nvoid repetiuon. In public
hearings that are nnt of a quusi-judicial nature, the Presiding Officer, subject tu
concurrence of the majoriry of the Council, may establish time limits and
otherwise coatrol presentations. The Presiding Officer may change the arder c.~t
speakecs so thwt testimony is heurd in the most logical
propanents, oppanents, adjacent ow-ners, vested interests, ctc. ►
(h i The Presidine Officer introduces the aeenda item. opens thr ;
tliL speuker's rustruni, and aii}• indivlidual m:sl:ing commcnts shaU 1Grs:
give his"her name rind address. This is required because an ofticiiii
recarded transcript of the public hearing is being made. [f there is an,.
ilppcal, lile.' Colll"t 1?11It1 111:&c' :ic .?ck,:4~1on on t11' }~c.C of R~~~!1 lti ~:111
thc public hearir.
It is not necessar. . „ i , . , . . , ; , ~ . . ~ . ~ . .
r(►nsider yourscl2 neither a prapc)nent nor opponent, please speak durin,,
thc pmponent gortion and identify yaurself as Qeither a proponent nor an
upponcnt.
Nu comments shall bc made from any olher location, and anyone mui
"out oforder" ce,mmcnts sliall be suhjcct to removul from the meeting.
4. -I-tierc will be no demuntitratioiis, applause ar cither auJiencz plil'tIC1p1IlOf1
c3uring or at the conclusion of anyone's pmsentarion. The Council is nat
aJlowed to consider such expressiuns and it takes cime au•ay trom the
speakers.
These rules are intendcci to promotc an urderly system uf hold'ung a public
hearing, to 6ive persans an opportunity to be heard and to ensure that
individuals ure not cmbarrassed by exercising their right of frce speech.
(c) VVhen Couacil conducts a hearing to w•hich the Appeardnce of Fairness Doctrine
applies, the Presiding Officer (or in the case of a potential violatio❑ by that
individual, the Mayor Pro Tem) will ask if any Councilmcmber knows of nny
reason which would reqnire suCh member to excuse themselves pursunnt to the
:lppearance of Faimess lloctrine. The form of the announcement is as fnllows:
All Councilmembers should nnw give consideraiion as to whether they have:
1. A demonstrated bias or prejudire for or against any psuty to the
proceedings;
2. :'1 direei ar indirect nionetan, interest in the outcomc: uf the prorecdings;
3. A prejudgment of the issue prior to hearuig the lacts on the recard; or
a. Had ex garte contact with any insiividual, excluding administrative staff,
with regard to an issue prior to the hearing. if any Councilmember shauld
answtr in the atTirmative, then the Councilmembers should state the
reasun for hislher answer at this time, so that the Chsiir may inquire of
adminis-tration as to v%,hethcr a violation of the Appearance of Faimess
Doctrine cxists.
(d) Site-Specific Comprehensi<<e Plan and 'Loning Amendments ("Rezones")•
Thc foUoNving arc genernl concepts and not intended tu add to or change
appliuable stututes or ordinanccs ar to be considered a land use control. Under
Washington's Gruwth Ntanagement Act, Chapter 36.70A RCW, as implemcntcd
by Spokane V:illey, site-specific rezune requcsts (initiated by property oNvners or
developers) are pmcesseti not mure frequently t.tian once each year, concurrently
Ntiith the Comprehensive Plnn amendment process. This assures that ull rezoncs
nre consistent Hzth the or-crarching pl1Tp05e5 und intent of the Growili
INlsinaagement Act and the City's Camprehensive Plan. All zoning must be
consistent with, and implement the Comprehensive Plan. Tn that end, at the
outset of etich public hearing or meeting to consider a zoning anendment or
zoninQ reclassification, the Presiding OtTicer or City Attomey will announce the
legal standards for Comprehensive Plan and zoning amendments and ask the
parties tu limit their presentutions to information within the scope «f tlic
standards. The foml uf'the announcenient is as follmtis:
P:1CC 2 i o 1 ! f
Ihe ti,llo«ing are geucral uoncepts regsrding Comprehen:i%e I'I;ut ;uid zuniniz
amendments under the law of the State ol' Washington:
1. The rurrent zonins
~ is presunzed valiJ.
l he hurden uf proof is on tlse aPPlicant for thc cite-speciiie
Cornprehensive Plan and zaning amendment to establish by proaf in
-~uliicicnt measure that the following requiremcnts have been satisfieci. In
making its decision, the City Council will consider the recommendations
made by the Planning Commission and the record developed t►efore the
Planning Cummission Rt-yuirements (a), (b), and (c) stated belaw shal'
be "considcred" and weighed by the Councii. The Council mu,7
affirmtttively tind itiat thc applicant has satisfied requirements (d) throug" (k):
(J N4'hether circumstances related ta the proposed amendment and/oi
the area in whieh it is located have suhstantiall<< cha112.d ~ir,ce th;
adoptinn of the Spokane Valley Comi
~ b ) Wlicther the assumptions upon _ : .
Cumprehensive Plan is hased are no langcr valid, or whether nev,
iiifurnnation is available which was not considered during th~
ildOpT10I1 pfOCE'$S l- ~ii-. ~i•~i~~l iii•i'f' t'i`i,•rt_ .tf~,• ~r_1' ~'7~~:_'.
c'omprehensive P1 .
(C) Whe►her tle PTOp• .,,:,i ik:11c1:. ,l.:li:ilt 'A:i1Ll~'
cummunity values:
(d ) Tlie PrOposed amencimcnt mrets concurrency requuements fflr
transportAtion, sewcr, and watcr, and dces not udversely affect
aJupted levcl of service standards for other public facilitics and
~!-ervices, such as police, fire and emergency medical services, park
sc;rvices, snd general govemment scrvices;
(c) l'he proposed amendment is consistrnt with the goals, policies and
objectives of the various elements of the 5pokane Valley
Cumprehensive Pl:in:
(t) l'he propused :uiientimeut %tiill not result in rrohaEile signiiicant
adverse unpacts to the city's transportation network, capital
facilities, utilities, parks, and environmental featunes that cannot bc
mitigated, and wiU not place uncompensated burdens upon eYisting
or planned service capabilities;
Pa.ze 26 uf 51
tv) In the casc of an amenclmrnt w the land use map, thc subject
parcels arc physically suitable for the reyuested lsutd ust
designation and the anticipatcd land use development, iacluding
but nut limited to acccss, provision af utititics and compatihility
with existing and planned surrounding Iand usrs;
(h) I'he proposed amendment will not create a pressure to change the
land usc designation of uther propertie.a, unless the change af land
use designation for other propcrties is in the lang-term interests ot'
the community in genersl:
(i) The proposed action does not inaterially a1'fect the land use aiid
growth projections which arc the basis of the ComprrhensiN•e Plai;
(j) The pmgosed action does nut materially affect the adequacy or
availability of urban facilities and services to the immediate area
and the averall area of the city; and
(k) The propased amendment is eonsistent with tlie liMA, the adopted
county-wide plnnning policy of Spokane County, any other
applieabte ittterjurisdirtioilal policie, or agreeliients, and :~ny othzr
5tate or loial la%ts,
1 hc facts in suPport of tlie appliratian rnay- comr from any svurce: cithcr
the appiicant, the administration, or the public. 'Fhe importnnt
consideration is that the decision must be made on the basis af informatian
provided to the Flanning Commission and to the City Cauncil at this
public hesiring or any eontinued public hearing. All evidence, such as
photographs, lettcrs, charts, maps, slides, computer presentatians or othcr
evidence must remain in tlie record in a form which can bc reviewed un
any appeal. I'or exumple, a print out of a computer slide show mny be
submitted. Any exhibit not remnining in the record will nut be considered.
4. After the testimony, the public hearing will be closeci and there will be a
mociua to approve the plan and zoning amendment. I'Iif5 ~►~--~ti~t n:t~i
t#m-tife ffte~f
duA-CtNlIiE=d---hils-4WC'f?-i;{~i}ti?c3--~'~-iF:ci-~f~~-~il~ifT!?i=-?1=i?~
moHens-aff--pre€em h•. - . . .
5. Following the deci5ion, tlii, boi[}` must mal+c f indings o1 fact and
conclusions of reasons for its action. These findings may be drafted by thc
administration or there msy be a reccss tZir the drafting of such items.
Pi'BLIC HFARItiC,
Pace of,; 1
I'he Presiding Officer winounces the matter, opcns the public hearing, asks all
persons who intend to be witnesses to be sworn to tell the truth and then calls
upon City administratian to describe the matter under cansideraiian. me
Presiding Officer may indir-idually swear wztnesses. "Bearing in mind the Icgal
standards ! have ju.st described, please limit your comments to information within
the scope of thcse standards."
The Presiding Officer will eustomarily call for propnnents in quasi judicial
proceedings and for speakers in non-quasiyudicial proceedings. When
considering a site-speeitic Comprehensive Plan anci zoning amenciment or zoning
rcclassification, the Presidici~. C)flicer sh~ll announce:
..Site plzns, artistic renditions. :ind the liE:c in suppr,rt uf a roning :uiiendment
should be avoidcd except as thcy help explain the terms of any proposed or
anticipated conditioas fur approval. Any graphic representations should be usecf
for illustrative purposes only, and the administrntion or City Council should avoid
indicating appmval or disapprovnl of such plwls. Such evidence sha]I remain a
part of the record."
( s: ) The propanents or speahecs now spea};. (Note: if the City of Spokane Vnlley is
the praponent, a memler or members of the administration shall be designated to
give proponent and rebuttal testimony.)
(h) The Presiding Officer calls for additianat proponents or spea{:,:
In non-quasi-judicial proceedings refer to Section 3.3 (h), othcr%4i_sc ttiz 11rcsi:iiicb
Officer esills fur opponents by annnuncing the following:
"At this li.me the opponents and persons who do not claim to be eitlier a
proponent or an opponent «-ill hsive an uppurtunity to speak. 5hould any
opgonent have questions ta ask of the proponcnts, ask thc qucstions during your
prcsentation. The proponents shall note the questian a.sked, and answrr such
yuestions when the praponent speuks in rebuttal. Thc proponent shaii be rcquired
to answer any reasonatile question, providcd that the Presiding Officer reserves
thc right to rule any qucstion out of urder."
(1) OFponents speak.
(k) 'llie Yresiding Ufficer calls for additional opponents up to three (3) times.
(1) Thc Yresiding Officer calls for pmponents to speak w rebuttal. A propanent
speaking in rebuttal shall not introduce new matcrials. If the groponent daes, or is
allowed to do so, the oppwnents shall also be Allowed ta rebut the new clcments.
(m) The Aresiding Officec announces the following:
Pa£c 28 of 51
":'1t this time 1 will incluire af tltc aJministration Mhether the aciministration
wishes ta introduce any testimony as ta subjects raised by the propuncnts ur
opponents, or ulter in anv regiird its initial recummend3tions."
(n) The Prrsicling Ui'iicer inquires as ta whether C'outicitmemhers havc any questidnti
to a.sk the proponents, opponents, speakcrs, or udministration. [f an}•
Councilmembcr hu.s questions, the appropriatz indrvidual will be recalled to the
pcxlium. The Presiding Officer may also permit guest.ions by Gouncilmembers of
any wiiness ai the conclusion of their testimony. Questions af w7tnesses
submitted by propanrnts or opponents rr3a}• he asked bv the Pre;idine O(7icer of
such \1-imesszs if dcenied relevAnt.
io> 'The Presidinr Officer c;loses the public hearing. rldditioncil testimony may not br
reyuzsted ur considered after lhe closing of the public hearing unless the Presidinb
Officer declares the record open until a date certain for the purpose of rcceiving
«7ittcn testimunv, such as a legal brief, on a subiect(s) sPecified by the Presiding
OtTicer.
(p) The Presidinb UtTicer inyuires if there is a rnotiun hy any Cciunrilme.mbers. If a
morion is made, it shall be in the fornt of an affirmative motion. Following the
motioa cind its sec;nnd, discussion ocr.urs among Councilmembers. The Presidink
Officer may call on individual Councilmembers in the discussion.
(q) The Presiding OtTicer inyuires if therc is any fiirther discussion hv the
Cuuncilmembers.
(r) The Presiding Offieer inquires if' there are am• linal COIT1mCi1tS or
rc.~cvmmendAtions frora administration.
(s) '1'he Presiding Officer inquires of the Cotincilmcnibtrs as to whetlier thcv ;jrr
reudy for the questioa
(t) The City Clerk sbull conduct a roll ctill votc,
(u) The Presiding aPficer may direct the administration tu prepnre findings. 'I'hc
findings may be approved the same night, if ready, or may be plsced on the
agenciu of thc next regular meetinlo.
F_itcl uf.-trtrcle h- Pttblrc• Ileclring Proc•ecltrres
ART(CLE 7 - USF ()F Rt'LCS
7.1 Purpose. I'hcsc City Council Rules of Arocedure are designed to provide guidance for
the C ity Cowicil. Thcy are nut to he considered restrirtic7ns or expansions of Cit}•
E'aec 29 ot' 51
L .i.; . ._,i 1iLE
ordinances, cc►urt cases and othrr srnirceti hut thev arr not intended to lie a7.? Lse. Nu uCtwn tal:rn by a l:Owic►liiIember or by the l.'uuncil ~tihiO> uot 111 wmpiiar~~C
with these niles, but which is othecwise lawful, shnll invalidate such Councilniember's or
Council actian or be deemed n violation of oath of oflicc, misfeasance or malfeasance.
tio authority othcr than the City Council may enforce these rulcs or rely on these rule;.
Failure of the City Council to follow any of these rules shnll hc considered a C'ol.,
decision tu waive such rulc. No notice of such «aiver need be
7.3 Public C1se or Relianch Not Intcndrd. Recause thcse rules
C ity Council and not to providc substanuvc rules afiecting caLStituants, it is expressi
:tated that these rules do noi constitute land u.se regulations, official control:-
''appearance of fairness rules," public hearing rules or other substantive tules bindin.
upon orto be used by or relied upon by members of the pub]'r::.
statutory or other regulaWry (such as ardiniince) requiremen i
I'rtcl ,)j.4rticle - f_..'.ce
-
- •
'~cc:'J~-1~-1r,9JP•1, ~ ' _ Y 'sy,.~,• .~cr._,,, _
. - . ' _ ~ f~ ~ ~`"I ~ ~ E
_ _ ..t i`~' 4~•• :
f _ ~bi.
..ce:r' . . . .
ATTACHMENTA ~
~ Governance Coordination
Manual
Resolution No. 05-021
A Comprehensive Collection of Meeting iZules,
Coordination Procedures, Administt•ative Public,
Heaxing Procedures, and Applicable References from
the Revised Code of Washington
. ,
Adopted September 13, 2005
Resolution 03-028 adopted 5-13-2003
Resolution Oit-013 adopted 5-25-2004
. Page 1 af 51
TARLE QF CUNT'ENTS
ARTiCLF 1 - COUiNCIL NIL•"N:TIIVCS .........................................................................................................................4
1.01.1 Council Meetinos - Time and Location ................................................................................................4
1.01.2 Cowicil Nteet:inSs - Open to the Public................................................................................................. 4
1.02 Hlcc[ion ofOfficers ...............................................................................................................................4
1.03 Presidirig Officer ....................................................................................................................:..............5
1.04 Quorum .................................................................................................................................................5
1.45 Attendance, .h xcused Absences ............................................................................................................5
~ 1.06 Special Council vTeetinF,;s .....................................................................................................................5
1.07 Cotincil titaterial ...................................................................................................................................6
1.08 Cotincil Packets ....................................................................................................................................6
1.09 Cotincil Meeting Acend3 / Consene Agenda .........................................................................................6
1.10 Approaching the Dais ...........................................................................................................................7
1.11 Stuciy Sessions and Warkshops ...........................................................................................................J
1.12 • Cotincil Travel Provisions ...................................................................................................................8
1.13 1'elephone Tree .....................................................................................................................................8
1.14 "Ttiree Touch Principle".......................................................................................................................8
1.15 City Man:lger . )
1.16 City Gerk - yfinutes - Public i.nformation nccess ................................................................................9
1.17 Ci Staff-Aitendance at 1~teetin -
ty gs ....................................................................................................10
ARTTCLF, 2- DUTIES ANU PRIVILE(;ES ON' ►V1:EiV113ERS ...................................................................................10 •
2.01 Respec.e and Dceorum 10
2.01A Forms of Addriss .......................................:........................................................................................10
2.02 Seating Arrangement ..........................................................................................................................10
2.03 Dissents ancl Protests ..........................................................................................................................10
2.04 Filling Council Vacancies
........:..........10
ART[CLE 3- C`.V UiVC1L YItOCL+'l.)URFS .................................................................................................................11 ~
3.01 Rules of Ordc.r 11
3.02 Motions 1 1
3.03 Order of Business 11
3.04 Acljournmcnt Duc to Linergency or Disruption ..................................................................................14
3.05 Perinission Required to Address the Cotincil .....................................................................................14
3.06 Vcatirig and 'Cele/video Conferencing ...................................................r..............................................14
3.07 Fnacted Ordinanees, Resolutions and Ivfotions ..................................................................................:lfi
3.08 Ordinances ..........................................................................................................................................lG
3.09 Resolutions .........................................................................................................................................17
3.10 Reconsideration 17
3.11 I,egisla[ive Prpee.", Prcparation, ftitroductio►1 and Flow of Ordinances, Resolutions and Motions... U
3.12 Complaints ancl Suggestions to Council .............................................................................................13
3.13 Photogaplis, A4otion Picttues, Video Tape - Permi%siqn Re:yuired f4r Artific.ial Illurnination....... 18
3.14 Audio Recordings of hieetings ...........................................................................................................18
Page 2 of 51
\ \ / .
TABLL+" OF CUNTFNTS, Continucd
Ati'CICLF 4- C0iN7A711"1'LES, BOARDS & COiV1MLSSIUNS ................•---............................................................18
4.01 Committees .........................................................................................................................................18
4.02 Council R.elations with Bosrtls, Cqmmissions and Council Ci[iu•n Advisory $odies .......................19
AF2Ti.CI,T 5- RELA`l"IUNS W1TH CITY MANACLR & AUM17INISTRATIQN ..................................................20
5.01 Role of thc City Manager ....................................................................................................................20
5.02 Administrative Interference by Coune,ilmembers ...............................................................................20
5.02.1 lnformal Connntmications Lncouraged ..............................................................................................20
5.03 Administrative Complauits Msde Dirrc.tly to Tndividual Councilmembers ........................................20
5.04 Aciministrative Complaints-"13est Praciice...................................................................................... 21
A12TICLE b- PLJBLTC HTA.RLYC f'1tOCEDURES .................................................................................................21
GA l Appelruice of T'airness Doctrine ........................................................................................................21
6.02 Actions fur 1 1'ublic 1-ieari.ng ...............................................................................................................24
ARTICLE 7- USE OF RULES ...................................................................................................................................29
7.01 I'urppse ...............................................................................................................................................29
7.02 Usc ...................................................................................................................................:..................30
7.03 Public Usc: or Reliance Not Intended ..................................................................................................30
Exhibits and attachmcnts:
Exhibit A-1 Telephone Trec Memo ........................................................................................................31
F.'.rhibiE A-2 Te.lephone `I'ree for Council /ManaKer Chart .........:.......................................................32
Exhibit A-3 P:►rliamentary Procedure at a Glance ..............................................................................33
_ ....34
Exhibit A4 Legislativc Process Flow Chart
txhibit A-5 Cnmmittee Structure and Etules ........................................................................................35
Exhibit A-6(1) Taslc Force/Town HaII Meetings C;eneral Model .............................................................38
E.Yhibit A-6(2) 11•Tulti-Agency Coordination '1'ask Force Vlodel ...............................................................39
I:xhibit A-7 Citizen's Task Force General Model Chart .....................................................................40
T;.xhihit A-8 itcvised Code uf N'ashington, 35A.13, CouociUM9nagcr Plan 41_
Exhibit A-9 General 1'olicy ltcsolution of Cure Iie.liefs ........................................................................50
~ Page 3 of 51
nRTrCLE i - COUNcrL nu~;ETrNGs ;
l..Ol..l Council Meetiug - Time and .T.,oc3tion. All regular meetings of the City Cotuicil shall
be held ac the times and locations specified by aPplicablc ordinances 7uci resolulions o1'
the Counci.l.
. 1.01.2 C'ouncil Mcetings - Qpen tu the Public. All meetings pt' the City Council and of
committees ttiereof sliall be open to the public, cxcept as provided for in R.CW 42.30.110
or RCW 42.30.140.
1.02 Election of Officers. Proccdures for electing officers are as follows:
(a) Bienn.ially, at the first mccting of the new Council, the members thereof shall
choose a presidin; of[~icer from their numbcr who shall have the title of Mayor.
In adciition to the powers eonfened upon himlher as ulayor, he/she sha.ll continue
to have all the righis, privileges and immur►ities of a rnembcr of the Council. If a
permaueut vacancy occurs in the office or Mayor, the members of the Cotuicil at
tYieir ncxt resuhtr uieeti.ng shall select a Mayor from their n«rnber for the
unexpired tcrm. hollolAruig the election nf the Maypr, there shall be an election .
for a Deputy Mayor. The terin of the Deputy Mayor shall run ccancurrently wilh
that of'the Mayar. (RCW 35A.13.030)
(b) 1'he clection for Nlayor s1ia11 be conducted by the City Clerk. The City Clerk shall
call 1'or nomination. L,ach meiiiber of the City Council shall be permitted la
oominate pne (1) person, and nomination shall not i-equire a second. A noini.nee
«,rbo ,Nishes to decline the nomination shall so statc at tliat time. Nonunations are
tlien clnsed. Tlie election for Deputy Mayor shall bc conducted by the Mayor,
and nomi.nalions shall be made in the manucr previously described for the election
. of the i%4a}7or.
(c) Fxcept when there is only one (1) nominee, election sfiall be by xvritEen ballot.
Each ballot shi►11 contain the name of the Councilmem.ber who cast it. The City
Clerk shall publicly a.tuiounce the results of the election. Thereafter, the City
Clerk shall reeord the individual votes bp counciluietnbers in the ininutes of the
/17e0t1Tla.
Tn the event the Council is unablc to agree on a Mayor by majority vote of inembers present, the
Office of Mayo.r shall be temporarily fillcd by an Actiug Nlayor. Ties shall be resnlved in a
eontest by chance. The office of Acting 1rlayor shal.l be :rlled by the Councilmember ivho just
previously serveci as Iaeputy Mayor, or if sucti person is not a member of the Council, the
Councihneinber -Mtti the neYt lughesC seniority. The Acting Mayor and Acting lleputy Mayor
shall eontinue in ofticc and eYercise such authority as is described i_n R.CW 35A.13 un[il the
membcrs of the Cotuicil agree on a Mayar, at ,,vhich time the role of Acting Mayor and Acting
TaepuCy iMaypr shall cease tutcl terrninate.
Pagr. 4 of 51
1.03 Presiding Officcr. "1"he Mayar shall preside at meetings n£ the Council and be
recognized as the head of the City 1'Ur all ceremonial purposes. The Mayor shall have no
rcgular admi.rustrative or executive duties. ln case of the ytayor's abscncc or temporary
disab.ility, the 17eputy iMayor sha11 zct as Mayor durinn the continuance of the abseuce.
lii case of the absence or temporary inability nf the 1vlayor ancl Deputy Mayor, an acting
Ma}°or Pro Tempore selected by members o£ the Coiincil shall acl as iuayor during the
continuance o.f the absences. Trie Mayor, Taeputy Mayor (in the ivtayor's abseuce) or
Mayor Pro Tein are referre,d to as "PresidingOfficer" from time-ta-time in tliese Rules of
Pracedure.
1.04 Quorum. At all meetui;s of the Council, a majority of the Councilmembers who hold
office, shall constihrte a quorum for the transactioii of business. A les.ser nu.mber may
adjourn from time-to-time, provided that Nvrittcn notice of said adjoununent he postcd on
the cxterior Cauncil Cha,mber doors pcr RC`'V 42.30.490. Council mcctings adjaurned
imder the previous provision shall be considered regular uieetuigs for all purposes.
(RCW 35A.13.170, 35A.12.120)
1.05 Attendancc, E.acused Ahsences. RCW 35A.12.060 provides that a Councilmember
shall t'orfei.t tus/lier office by failing to aetena•ihree consecutive regular meetings of the
Council vvitliout being excuscd by the Council. Menlbeis of ttie Council may be so
e.ccused by complying with this section. The memUer shall contact the Presicling pfficer,
%-City Clerk, ar City Manager prior to the mecting and state the reason f~or his/her inability to altend the me_eting. If the mcmbcr is unable tn c;oncact the Presidin; Offieer, the
member sliall coiitact the City Manager or City Clerk, Nvho shall convcy the message tp
the Presiduig Officer. Follo%ving r411 call, the Fresid'uig vfficer shall inform the Cauncil
of the mcmber's absence, stale the reason for such abscnce, and inquire if there is a
motion to eYCUSe the member. This niotion shall be nondebatable. Upon passage of such
motion by a majority oCmembers, present, the absent member shall be consiciereci excused
aud the City Clcrk will rnak-e an appropriate notation in the uiuiutcs.
1.06 Special Council vieetin;s. Yroceclures for setting a special nicctin; are as follows:
(a) A special meeting may be cal.led by ttte Mayor or any lhree (3) members of the
Council. (RCW35A.13.170, 35A.12.110)
(b) Notice of the special meeting shall be prcparcd in ,vn-iting by the City C]erk. The
notice shall contain the f'ollo«in; uif.oriuation about the meeting: time, Place, ajid .
busuiess to bc transac;ted. The naNce forrn sball be approvccl by the City
Attorney.
(c) The norice shall bE clelivered by regular or electronic mail or personally to the
residence oC each Councih-neinber, ttlc City Manager, and the business office of
each local nEwspaper, radio and television station which has on file a written
request for notzce of spccial meetinbs. The notice must be delivercd at least
twenty-faur (24) hours prior to the mceting.
Page 5 of 51
(d) The natices provided in this section may be ciispensed within the circurnstances
provided by RCW 42.30.080, that is: (1) As to any meniber who, at or prior to
the time flie meeting convenes, iiles wit11 ttic Cit), CLer.k. awritten Nvaiver of
notice, (2) As to asiy niel-tiber whc,> was acttially present 1t the meeti.ng al the limE
it convcnes, anci (3) Iu the evenc a special mcctuig is called to deal with an
emergency involving uijury or damage to pe.r5ons or property or the likeliliooci of
such injury or daniage, whcn tiine requu•ements nf.'such nolice would makc notice
impractical and increa.se the likelihood of such uijury or damage; or as otherwise
provided by law.
1.07 Council Material. Cauncilmernbers and affected staff should read the agenda material
and ask clarification questions prior to the Council tneetuig, Nvhen possible.
1.08 Council Packr.ts. Ccxincilmembers shall personally pick up the'ir agznda pac}:ets from
the i.ndividual mailboxes, provided by the City Clcrk, uiiless otlierNvise an•an;ed by the
nieniber or further directeti by Council. ,
1.09 Counci.l Mceting Agenda /C(>nSent~ Agenda. The C;ity Clcrk, undcr the dinction of the
City Ivlanager in consultation Nti4th the Presidiug Officer, shall arrange a lisl of proposed
matter:s according to the ordcr of busuiess and prepare an a;enda fo.r the Council. After
the proposed agend-a has been revicwed and approved by the Mayor, the PresidinD
O.fficer shal.l have the option of deleting any item from such agcnda iurtil the next regtilar
Council meetiug wben the fiull council shall vote on whether to introduce the item on the
agenda or for a subsequent Council me:eting. A capy oP the agenda and supporting
inaterials shall be prepared for Councilmembers, the City Ivlanager; and the mcdia who
have filed a notifcatian reques-t, Un or befare close of business on a Friday preceediug a
1'uesday reeular Couitcil nieeting, or at the clqse oi busincss at least 24 hotirs prcceedine
a special Council meeting. Any rex6sed agencla thera[•~er ciislributed shall contain the datc,
time and iiuthor or the revision. Diskribution of the agenda to Councilmembers sh:ill be
as directed by Council and may he by inail boxes in City Hall, F~,ix, E-mail or personal
dclivery Nvheu requested.
Requests for p-resentations to be SCIIedLIIE;d on the forrnal agenda imply that the
presentation is the official business oi' the Ciry. Playing of video tapes shall be
pre-sc.reenecl by the Presiding Oi'ficcr or designee ,vho shall rule on the appropriateness
or the video tape.
The Presiding Officer, threc (3) Coiuicilmembers, a majarity of the Councilmembers
present, or the City Manager may introduce a netiv itcm to the agcnda at a ineetung,.
• Page 6 of 51
(a) The City Mauagei•, in consultation with the Presiduig Officer, shall place matters
on the consent agenda which: (1) have been previously discussed by the Council;
or (2) based on the information delivered to mcmbers of the Couneil by
adminislTation can be reviewed by a Councilmember ~NFithout fur[her eYplanation;
(3) are so routine; tcchnical or "housekeepi.ng" ul nature t11at passage without
ctiscussion is likely; or (4) ochenvise deemed in the best i.nterest of ttiE City.
.(b) T'he City Clerk shall read the consent agenda actions, including the titles of any
reSUluticros cUntained tltereul, uiiless waived by motion uf the Cotuicil.
(c) The proper Cotuncil motion on the consent agenda is as follows: "I inove
adopti4n of the consent agenda." Z`h.is motion shall be tiou-debatable and will
have the efEec•t of moving to adopt all iterns on the Conscnt Agenda. Since
adoption of any item on the conscnt agenda implies unanimous consenl, any
member of the Council shall have the right to remove any icem from the cansent
agenda. TYicrefore, prior lo the vale on the motion ta adopt the consent agenda,
the Presiding OfTicer shall inquire iI' any Councilmember wishes an item to be
withcirawn fr4m the cnnseni agenda. T.f any matler is Witlidra,vn, the Presidirg
OHieer shall place the item at an apPropriate place on the agenda for the current
or a future meetiug.
.1..1.0 Apprc►aching the Dais
The intent bk addi.nD this i.tem specifically to our Governance Manual is to make it clear
to Staff, Council and the general public once a Cotulcil cnccting has bccn callcd to order,
steppuig between the poditun and the dais Nvill not be allowed. T'his includcs, but is not
luuiteci to, video recorduig, still photography, tape rccording; and writtcn hand-outs.
Approacluug the dais Nuill not be permitted aftcr tcn minutes prior to the start of the
rneeting.
The Council reserves the right tn invite anyone Cprwarcl to be adclretsed at the dais.
1.11 St'udy Sessiuns .ind Worl:shops. Regular or Special _ Council meeiings, or portions
tliereof, may be dcsignated as Study Sessiuns by the Presiding Olrcer. Study Sessions
need have no furrnal agenda, except when required for special meetinas under RC`V
4230.0$0, and may be conducted inPorrnally so long as such int'ormality iS nol in conflict
vvith thesE ivlcs. 'fhe purposc of Study Scssion discussions is to allow Cauncilmembers
to be made aware of iuipcnding busiuess and allow informal discussion of issucs that
inight Ue acted on at a fitnire meetuig. lhc purposc of Worlishops is to allow
C;ouneilmembers lo dc> cancealratecl preliminary wrork vvi[li aclm.uustration on sinble
subjects but tune cousiuiung, compleY uiatters (i.e.; budget, complcx legislation or
reports, etc.). `Vorkshops and Study Scssioos shall be in a less formal setting, but
shall not discoitragE public 'observation. Public conin7ent is not allowed at study sessions
although the Council may request pcuticiparion in the saine manner as a regular Council
meeting. The City Clerk, under the direclion oi:' the City Manager, shall arrange a
Pa~c 7 of 51
Coiulcil study session or warkshop worksheet for the meefing. '1"{ce ►vorksheet slrall, fvr
eaclt itein, rnntcrin the disctission stihjert, tlre rli.scussion leader, the activity arrrl the
_
disrrrssir,n gocil. ilftcr the proposed worksheet has bccn approved by the Presiding
Officec, a copy shall be preparcd for C'ouncilmembers, the City lvlaziager, and the press,
on or before 4:30 p_m., one (1) day before the Council study session or workstiop.
Durr.n,- the C'ouncil sttidy sessiori or works{top, the discussion leader slracrlcl:
(a) Introduce the suUject and give backgrotuid infonnation;
(b) Tdentii"y the discussion goal;
. (e) Act as facilitatox to kzeP the ciiSCUssion focused toward the boal; anci
(d) Alcrt the Presidin; Officer wlien it is appropiiate ta call 1~or a consensus, motion
or official direction of the Council. The Presiding Officcr retains the optiou of assutiung t).ie functioii of the discussicin leacier
- iA any time in order to keep the discussion propcrly focused.
1..12 Council Travel Provisions '
This section is intcnded to provide guidwce on the utilization of the Council budget for
city husiness related crzivel expenses. The total allocation of trAVel funding budgeted i-'or
the Legislalive Branch for the fiscal ycar will be apportioned (1/7) to each
Councilmember. These rnonies. may bc used to defray eYpenses for transportatiUn, lodging, meals and incidental expenses ineurrcd in the conduet of city busittess. Peiiodic
statements pf expenditures to date will be provided cach CounciLmember by the Fi.nance
17epartnient:. ShUUId a Councilrriember exhaust thcir apportioiuuent of funds, t.hat ,
person,Mll be responsible far payrnent of any travel and related eYpenses or they may
request a voluntary allocation ii-om another Councilmember who has a balance in thcir
travel account.
DUCllla the last siY (6) months of aCouneilmembcr's current teriu of office, iucurrinn
City busiliess-related travel expenciitures require the prior authorization of the T'inance
Coniinittee, excepl when such lravcl hjlfills the obligations of tlie Councilmember's
service on statewide or regianal boards, com.aiissions or task farces.
1.13 Telephone Tree. Oc;c:asianally there are very important or emergency hxppeiungs in the
community kvhere rncmbers of the Council should r.eceive briefiings as quickly as
possible. f1 City Council telephone tree system has bccn adopted by Cotmcil motion and
is attached as E:ehibit A-1 & A-2.
1.1.4 "Three Tauch Principle." 17ecision iiiak-ers and citizzns at all levels of the City shoulcl
have adequate lime lo thoughtfully consider the issues prior to final decisions. Tt is the
intent of the Council that the Council and Administratiiin shall abide by the "Three l
Page 8 oE51
touch principle"whenevcr Possihle. T'hc following prncedural guidelines are desigliEd
to avoid "surprises" to the City Cotuicil; Citizens and Acimi.nistrative personnel.
• tlny request oz proposal for adopting or changing public policy, Orciinances,
Resolutions or City Council llirectivcs which Nvill require a decision of the City
Council, or. Administration shoiild "touch" (ora1, written or any combination
thereofl the Decision makers three seParate times. Quasi judicial matters aiid
any subject discussed in cxecutive sessions are eacluded from application of die
"'1"hree "1 ouch Principle."
• It is i-ecoguzed that the hands oF decision mal:ers should not be tied
unneccssarily. Unexpecteci circumstances may arise (especially durui; new cit),
incorporation e.fforts) wherein obscrvance of the "Three Touch Principle" i5
uupracticle. Howcver, whcn unusual circumstances arise whicll justi.Fy a"first
discussion" decision, the perscros requesti.ag tlie erpedited clecision should also
explain the timing circumstances. This Principle exchides staff reports and
other ~eneral con~muniGacions not requiring a Council decision.
1.15 City iManager. The City IVtana.ger, as the cluef e:cecutive officcr aiid hcad of the
admiuustrative branch of city government, or his/hcr desibncc, shall attcnd all mcctings of
the City Council; unless eYCUSed by the Presiding Ofticcr or Council. The City t~4anager
shall be responsiblc to the Council for the proper aciministration of all alrai.rs of the City.
, The City Manager shall reconimend foz adapti.on by the Council such measures as he/she
niay deem. nec;essary or eapedient; prepare and subnut to the Council such reports as inay
be required by the body or as thc C:ity Managcr dcems advisable to subrnit; keep the
Couucil fiilly advised as to the business oE' the City; and shall take part in the Council's
ciiscussion on all matters concerning the welf-are of the Cily. 1n the event thal the City-
Managcr is unable to attcnd a Council rneeting, the City Manager shall aPppinc d key staff
mcmber to attencl the meeting as the representative oF CiCy administratihn. (R.CW
3sA.13.oso)
1.16 City Clerk - vlinutes - Public InformaNon Access. The City Clcrk shall bc ex-offcio
Clerk-of-the-Council and shall kecp minule5 as required by law~, and shall perfonn such
other duties in the meeling as may be required by the Council, Presidiug Ufficer, or City
Nfanager. Tn the absenee of the City Clerk, the City Clerk shall appoint a replacement to
act as Clerk-di the-Council. The Clerk-o.f.-the-Council sha.ll keep uiinutes which identify
the general discussion af the issue and complete detai_l o£tlie official action ar consensus
reachecl, if any. The City Clerk shall tape recocd the proceedinos of all public heari.ngs,
regular meetings, anci oP id1 land use mafters and qua.si judicial matters, and sha11 keep
and make available an index pf the topics of each nieeti.ng which vvil_l facilitate location
of the item in the appropriate iuinutes of busuiess . Acce, ss to the tape rccordings shall be
made reasonably available fa any party who so r.equests, accard'uig to City public
infoiniation procEdures. (Sce Sec. 3.14.) '
~ .
Page 9 Gf 51
1.1.7 City staff - Attendance at ibleetings. Attendance at meetings by City stafE shall be at
the pleasurz oF che City Managcr. Tt is the intent o.f. the Council that the mauager
. schedule adequate administralive support for the business at lland but a1SQ protect the
productive capability- of laepartment Heads. When souiid systein or other mUnitpring
capabilitiES e:{ist, the Manager niay allow personnel to utilizc productive tilile i.n their
offices or other areas wlule wa.iting f.or the sPecifc item of biisiness for Nvhich ttieir
appearance bEfore the Council is necessary.
Znd ofArticle I- Council M'eetings
ARTICLE 2- lllJ'I'LES ANll YR:[V1LLC;ES QF NLTIMRFRS
2.01 17espect aud llecorum. It is the duty of the Mayor and Councilmembers to maintain
dignity and respect for their offices, Cit}, staff a.nd the public. 'V~fiile the Cnuncil is in
scssion, the Councihnembeis shall preserwe orcier and decoruiii and a memher shall
neither; bp conversation or otlienNise delay or iuterrupt the pr.oceedings or the Cowncil,
nor disrupt or disparage any membcr Nvhile speaking. Councihnembers and the public
shall obey the orders of'the Chair.
Any person ma.kui; disruptive, disparagin; or iniperti.nenf reniarks or unreasonably
disturbing the business of the Council, eithcr while addressuig the Council or atten.ding
it's Proceedings, shall be asked to leave; or be rcmovcd from the meetinb. Contuiued
ciisruplions may result in a recess or adjoiu-nment as set forth in section 3.04 of this
re5qlutiUn.
2.01A Forms of Addre-ss. The Mayor shall be addressecl as "Mayor (surnarnc)" or "Your
IIonor." The I)eputy Mayor shall be addressed as "iaeputy Viayor (surname)." Mernbers
of the Council shall be addrzssed as "Councilmember (surname)" unless waived hy the
PreSidi.ng Qf'ficer. 2.02 Seatinb A_rraagernent. Couticilrnembers shall occupy the respective seats in the Council
Chamber a..ssigned to them by the Nfayor.
2.03 Disscnts and Prote-st5. Any Councilmember shall havE the right to cxpress dissent from
or prqcesi, orally or in ~vmiting, agairist any motion, ordinance or resolution of the Council
. and have the reason therefore entercd or rctaincd in the ininutes.
2.04 Filling Couneil Vacancies. Tf a vacancy occurs on the City Council, the Coiincil will
follow the procedures outlinecl ui RCW 35A.13.020. .i.n orcier lo fi11 the vdeaney with the
most qualifieci Person available until an clcetion is hcld, the Cotulcil will publish a notice
of the vacaicy; the procedure, aud d.istribute 11ie applicaCion .Corm For applying. The
Council will draw up an application which contains rclevant inforuiation to ais-vver sEt
questions posed by the Council. The applicarion f-bm-is ~Nill be usecl in eonjunetion with
an intcrvictiv of cach cmldidatc to aid the Gouncil's selection of the new Councihuelnber.
Pagc 10 af 51
,
End ofArticle 2- Dartie..r and.Privileges of Alfembers
\ J -
AR'TICLE 3- CUUNCiI., N[CETLNG Pl7()CFDUI2ES 3.01 Rules of Urder. R,ules of order not specified by statute, ordinancc or resolution sha11 be
;overncd by the c:ha.rt of the most conimon "Rules of Ordcr" questions. Attached as
Eshibit A-3.
(a) Out of Urder Requc;,tits.
Occ;asionally a mcrnber of the public may «!ish 'to spcak on an agenda item but
caiulot rcmain unlil the item is reached on the agenda. Duruig Open Cocruncnts
1 rom the Public, such person may requesl permission to speak by eYplaining the
circumstances. The i'residing Ofticer in his/her sole discretion shall r«le on
allo"ing or disallowing the out of order re:quest.
3.02 Motions and lliscussion. (a) All items of busincss placed beFcare the Council that require the cxpenditure of
Coiuicil ancUor adminislration resources shall bc ui the form Qf an aClirmalive
motion. Atfirmative motions are prcfcrrcd to prevent "approval by default" of a•
i~ faileci iiegative inotion.
(b) Agenda items schecluled as New or Old Busiucss shall require a motion by a
Councilmember before discussion unlcss the Council shall suspend the
rcquirement by majority- vote. Upon failurc of cither a prior mUtibn OT 1'ule
suspcnsion, the agenda item shall be passed ovcr and may nUt be reintroduceci
until the next regular meekiug.
(c) When passible, Councilniembers should ciirecl questions pri.maril}° to the City
Manager.
3.03 Order <yf Business. `I.'he business of a11 regular meetings o:f tlie Council shall be
transacteci as follaws: provided, howcvcr, that the Presiding Officer. may, citu°uig a
Cotulcil meeting, rearrange iteins on the agcnda to conduct the business before the
Council more expeditiou5ly.
(a) Call to order by the Presidiu; Officer.
(b) Pledge of A11egiance.
(c) Invneation. r`
(d) R.o11 Call (see Sectioii 1.05 for procedure to e?.cuse an absence).
Page 11 of 51
(c} Cotntiuttee, board and liaison summary rcporfs. Fxtended report5 shall be placed i
afterNew 13usuiess or submitteci in ~vriting.
(f) Presiding Officer's report.
(g) Commenls from the public on subjects not ou the agenda - limit 3 minutes each;
uiiless modified by the Presiding Officer.
Notc: the City Council desires to allow z macuuum opportunity for publie
comment. Howcvcr, the husiness 4f the City must proceed in :iu orderly,
ti.mely nianner. At any timc, the Presiciing Qfticer, in the Yresidin ;(7fficer's
sole discretion, niay sct such rcasonable limit:s as are necessary to prevent
" disruptiou of other necessary busincss.
l. Subjccts not c>n the current .ikenda. The Yresiding Ufticcr may uivokc
a sign-in procedure f'or spea}:ers. Any member of the public may request
tune to address the Counci.l after f rst stati.ng kheir ndme; acidress, anci the
subject of thcir comcnents. lhe I'residuig Of~icer may tllen allow the
comments subjcct to such tune liinitations as the 1't-esidiug Ogicer deetns
necesSary. Following such commcnts; the Presiding Officer may place the
. matter on the agenda or a future agenda; or refer the matter to
admuustration or a Council. comm.ittee f.'or inves[igal:iUn and repprl'. -
2. Subjects on the current agcnda. Any member of the puhlic who wishet
to aciciress the Council on an it:ein an the current agEnda shall malce such
request to the ]:'residuig Off.icer at the time when comments f:rom the
public are requested durin; the agenda itein discussion. The Council may
hear such comments hefore or after initial Council discussinn. As an option, the Presicling OfEi.cer may irivoke a sign i.n procedure. "l'he Ivlayor,
in consultation with the City Attorney, stiall. rule on the appropriateness of
public comments as the ageuda item is reached and sha]_1 rule on a spec•i.f.ic
individual or group titne littiit for public cotn.rnenf. Tlle Presiding QFficer
may change the order of speakers so that cnniment is heard in the mpse
logical groupings.
3. Comments sliall be made f'rom the microphone, first giving namc address
xrnd subject. No com.ments shal.l be made lYam any olher locatic>n, and
anyone rnaking "out of order" comments shall bc subject to rcmoval from
the mccting.
4. "1"hcrc will bc no dcmonstrations during or at the conclusion of fuiyone's
pr.esentation. A.ny disruptive behavior, as determined by the Presiding
Officer, shall be cause for removal &nm the meetinb room.
,
Pa;;e 12 of 51
5. These rules are i.ntcndeci to promote a.n orderly syslem of holding a public
meeti_nn, to givE persons opportuiuty to be hearcl and to create an
enviroiunent in which nq i.ndiviciuals are embarrassed by exercising their
right of free speech. 6. ikny ruling by the 1'residing Qfficer relative to the subseciions 1 and 2
above niay be overrulccl by a vote of a majority of inembers present.
7. Public comment.s received during the public conlnienti period shall not be
allowcd by the Couucil if they relatc to any malter upnn w.YllC11 A pUbI1C
hearing may be required.
(b) F'ublic Hearings (see Article f far procedttral dctails).
(i) Conscnt Agenda (see Scction 1.09 (a) for procedural details). (j) Qid 13usiness.
(k) New 13usi.ness.
(1) Yublic Com.ments. (3minute tune lunit cach)
(m) Administrative Kcports. ReporLs ar track:ing of an adini.nistrative nature.
(u) lnformatian. (o) Executive Sessinik (as required). Lxecutivc scssions may 6e held in accnraance
with the Open Meetings Act, 2LCtiV Chapter 4230. Thc Council rnay hald an
executive sessipn during a regular or special mceting. BeFore convening in
- executive session, t11e Chair shall publicly announce the purpose ior excludin; the public fcom the meetiug place and the cime wllen the executive session shall bc
concludeci. lf the Council wishes lo adjourn at tlie close of a meeting from
executive sessivn, Xhat fact will be announceci alting with the estimated time for
the executive session. Thc aiunonnced time limit fOr eXeCUkive SeS5i0IIS t21ay be extended by aiuiounccmenl of the Chair.
Councilmembers must keep coufidential all oral anci wri/ten informatibn provided
during executive sessions to protect the bcst interests of the Cily. CUn.6dentiality
• alsa includes infonnation provided to C:oLUlcilmembers ouiside oi' executi.ve
sessions when the information is considered exempt fYQm disclosur.e under the
Code of E-ttucs for Municipal OfEicers.
(p) I`TeYt meeting clate announceci by Presiding Officcr.
.
Page 13 of 51
(q) Acljouznment. No Council ineetirg should be pcruutted fn continue beyond -
approriinately 9:00 p:m., without approval o.f.' a majority of the Cou.ncihnembers
Nvho are present anci eligiblc to vote. Anew time limil must bc established before
takiug a Council vote ta extend ttie uieetuig. In the event lhat a mcctuig has not
becn closed or conli.nued by Coluncil as herein specified, the i[em:s not acted on
shall bc defErred to the next regular Council mccting as old business, unless the
Council, by a majority vote of inembers present; detcrmincs othen,%4se.
3.04 Adjournmeat nuc to Emergency ar Uisruption. Iu the evznt of emergency, such as a
fire, threatcned violence, or_inability tp regain good order, the Mayor sha11 forkh.uith,
cleclare the meeting adjourned or continued aud the City Cvunril shall irnrnediately leave
the meeling room.
3.05 Peririission Rcquircd tu Address the Council. Yersons ottier tlian Couucilmembers and
aCIII1LIllStrcltlOll shal] be pern-iiited ta address the Council upon recognition andlor
intr.oductaon by the Presiding Ufl`icer or the chair of the appropriate Council conuvittee.
3.06 Voting and Telelvideo Coafcrencing. The votes cluring all meetings of the Council
shall be transacted as folloNvs:
(a) Un.less atherwise provided by stahite, ordinaiice, or resolution, all votes shall be
taken by voice, except that at the request oF any Councilmember; a roll call vote
shall bc t~~ken by the City Clerk. The order oi the roll call vote shall be
dctermuied by the City Cleck.
(b) ln casc of a tie vote on any prOposal, the motican shall be consiclered lost.
(c) Every member Nvho Nvas ui the Council chambers ,vhen the question was pul, shall
give his/her vote unlcss the Council; for special reasons, shall excuse the member
Uy motion. If ttny Councilmember refuscs to votc "aye" or "nay," their vote shall
be counted as a "nay" vote unless the Councilrliernber is abstaining due to actual,
ar appearance af, a conflict of interest.
(d) The passage of auy ordinance, grant ar revocafion of franchise or license; a.ny
resolution for the Payment of money, any approval of warrants, and any resolution
for the re«ioval of'the City Mwiager shall require the affirmativc votc uf at least a
majority of the ~x.-liole membership of the Council. (e) The passage o!' any public emergency ordinancc (wi ordinance that tal:es effect
immediately), cxpenditures for aiiy calainity or violence of nalure or riot or
instirrectiou or war (except iar the stalutOty powers of the Vlaypr in accordance
NN7th RCW 35A.13.030), and provisions for a lesser eiuergency, such as a budget
aiuendment, shall requi.re the afflirrnative votu of at lcast a majority plus one (1) of
the whole meinbership of the Council. (Ft.CW 35A.13.190) in the event
calanlilous condilions shoulcl prevent asscmbly of such majority ttuu death or
uljuries, the provisions of RC`V 35A.13.035 may bc invoked.
Page 14of51
The passage of: any niotiou or resolution not subject to the provisions of
Washington law, the Spokane Valley Municipa] Code, or this Resolution as amended requiruig a"super majority" for approval, shall requirz tlte a.ffirinativc
, vote of at least a majority of the ni.eiubership of the Council tivha are present and
eliDil~le to vote.
(g) 1. Tele/video conference participation by Councilmembers inay bc allowed
pmvidecl technical availability and compatibiliiy of clcctronic equipment
shall enable the Councilmember to hear the proccdings, be heard by khose
presenl anci parkicipate in Council discussion.
(a) Requests to use tele/video conference parlicipaCion for voting
purposes shall be lunited to extraordinary circumstances aztd .must
be ruled upon by the Council-ot=the-W"hole by specific niotion
before the Cotmcil main agenda begin5.
. ,
(b) Tn such case, adequate equipntent must allow the telE/vidco
conference participant to engage i_n -Council discussion and bc
hearci. Telephotle/coznputer systein charges are to bc at the
CouncilYUember's own cxpensc, unless waived in the Council
inotion. Adequate notice rnust be given to allow hookup in tune
for the main agenda.
~
2. Requests to monitor by teleJvideo conference in anorivoting capacity
shall be granted provided tecluucal capability exists anci aciequale notice is
given, and shaLL be at the Councilmember's own expense, unless Nvaived in
the Council motion.
3. NO telc/video conf•ere.nce participakio.n for voting purposes shall be
allotiveci fUr public heari.ngs or any quasi judicial proccedings. Video
. con;fierenci»g may be pernutted upou a majority vote of the Council
present at the meeting site for such proceedings provided that all
documents and exhibits ar.e clearly visible and legible to all par/icipants
and providecl that a vi.deo and audio record of the vidcoconfercnce is rnacie .
a.nd provided eo the clerk The cost of such videoconferencing and record
t}iereof shall be paid by the Councilmember requesti.ng videoconferencing,
tlnless waivcd by vote of the City Council.
4. EYarnplcs of e;rtraordinary circumstances would be eniergencies or illncss,
accidenl•, unforeseen urgent business, etc.
l
Page 15 of 51
3.07 Enacted Ordinances, Resolutions and Motions.
(a) An evacted ordinance is a legislative act prescribing general rulcs of
orgatuzation or coiiducr relating to the corporate affairs of the municipaliry.
C4uncil action shall be tahen by orclinance when rcquired by law, or wh.ere
prescribed ecmtlucl may bc cnforced by penalty.
(b) An enacted resolution is an administrative act wluch is a forulal statemenf of
Policy concerning mattcrs of special or temporar.y c:haracter. Cauncil actiou shall
be taken by resolution xvhen required by law aud in those insta:uces where an
expression of policy more .f.ormal than a motion is desired.
(c) An enacted motiou is a forni of action ta}:en by the Counci) to direct that a
specific action be tal:cn on bEhalf of the municipalit}~. A motian, onre approveti
and entered into the rccord, is tlic equivalent of a resolution ii1. those instanc:es
where a resolution is not rcquircd by law, and where such motion is nnt i.n conflict
xvith existing State or Fcderal statutcs, City Ordinances or Resolutions.
. 3.0$ Urdinances. '1`he proceilures for ordinances are as.f.ollows:
(a) A CoLmcilmember may, in opcn session, rcqucst of ttie Presiding Ofticer that tlie
Cauncil study the wisclarn aP enacting ar► ordinancc. `1"hc I'residing Ufficcr then
inay assign the proposed ordinance to the administralion, a commiriee or the- ,
Council-of-the-Whole foz considerakion. The conimilfiee or aciministration shall
report its findings to tfie Council. The Cit}° Manaoer may propose the drafting of
ordinauces (RCW 35A.13). Citizens and Boartis and Commissions may also
propose considcration of ordi►iances and resolutions, see Fyhibii A-4 aitach.ed.
(b) Sponsorship. NVhen aChuncilmembcr wishes to assiunc spoiLSOrs}up of au
ordinaace or resolution, lie or she should so annoiuice, make the initial motion
and provide aii introciuction 1'or lhe measure.
(c) A11 ordin;inces shall normally have two (2) scparate r.eadinas at separate Cowlcil
mcetings. Uiiless waived by the City Council at each reading, the title of an
ordinance shall, be read by the City C:lerk prior tc> its passage; provided thal
should a Gouucilcnember request that t:6e entize orclinance or certain of its sections
bc read; such request sha11 be granteci. Printed copies shall he made available upon request to any pcrson attendiug a Couiicil meeting.
(d) The provisian requi.ring two (2) separate readings of an ordinaiice may be waived
at any mecting of the Coiuicil by a majority vote of all members Present.
(c) If a uiotion to pass au ordinance to a second zeaciing fails, the ordinance shall be
, • eonsidered last, iunlcss a subsequent motion directs its revision a»d resubmission
to second r.eadi.ng.
Page 16 of 51
- (f) Nny orciinaaice repealing any poirtion of the Spokane Vallcy IN'iLmicipal Code shall
J Rlso repeal the respcctive portions of the underlying ordinance(s). - Ordinanccs
repealing earlier ordinances shall uot apply to acts, uicidents; iransactions or
decisions occurring be('ore sucli rcpeal.
3.01 Resolutious. A resolulinn may be put to its fiua.l passage on the same day on Nvhich it
was introduccd. However, Council may invoke the iti~ro (2) readi.ng procedtues.dcscribed
in Section 3.08 (c) -above to facilitate public unclErSianai.ug andJor comment on the resolution. Tlle tit1e of cach resolution shall, unles.s waived by the City Council, be read
prior to its passage. A Councilmember may request that the entire resolution or certain of
its sections be read, and such rcquest shal.l be granted. Printeci copies shall be made
available upon request to any persan attendiug a Council meeting.
3.10 R.ecousideration. Any action of the Council, includinb final action on applications for
legislative changes in laj1d use stahis; sriall be subject to a inotion to recansider except :
• any action prcviously reconsidered,
• • uiotions to adjourn or inotions to suspend the rules,
• an affirmativc vote to lay an itein on, or takc an item f.rom, the ta.ble,
dr avot:e electuig to office Ane who i.s present and does not decline.
~ Such motion for reconsidcration can c7nJy be made by a member of the prevailing side on
the original action. A motion ta reconsider must be made nn later than the ncxt
succ,eeding regilae Council meeeing. A motion to rcconsider is debatable oi-ily if the
aetiUn being reconsidercd is clebatable. Upon passage of a motion ta reconsider; the
subject matter is rEtLLrned to the table anew at the nex-t regular Council meetiug for any
action the Council cleems adv.isable. Any motion for reconsiderarion of a maiter which
was the subject cxF a requirecl public hcaring car which is a quasi judicial matter may nnt
bc discussed or ticled upon unlcss and unlil the parkies or thcir attorneys and the persons
testifying havc bccn given at least five (5) days advance notice af such discussion and/or
action. -
3.11 Legislative Proccss, 1'reparation, introdurtic►n ancl l+low of Orilinances and
Resolutions and Motiuns. Qrdinances and Ctesolutions will customarily be prepared,
intraduced and proceed in the manner described 'on the flow chart attacheci hcrcto as
Fxhibit A-4, and by this reference ittcorporated hcrein. Frior to fi.nal passage of all
ordinanccs, resolutions or. motions, stich documents or proposals shall bc designated as
DRAFTS. A11 such drafts shall alsc> be dateci to iucludc the most recent revision.
(a) F120Y45Eb DRA-FCS shall contain the date and name of tlic group or.
individua.l origuiatuig or sponsori.ng the proposal prior to the frsf presentation to '
the City Council. Proposed drafts may be 'vutiated by individual
Page 17 of 51
Councilmembers, the City Manager, Citizens or by Boards, Conunissions or other
task Eroups. .
(b) CUUNC1L 1)R.AFTS shall be documents or proposals which havc beeu
presented in opcn session and voted by the City Cotulcil for further consicierdtion.
3.12 Complaints and Sugge.stions to Council. When citizen complainLs or suegEStious are
brought before tlie City Cauncil not on an agcnda, the Presiding OfFic.er shall, in
consullalion with thc City Maiiager, iirst det:ermine whether thc issue is lesT slalive or admi.aiskrative in nalure and then:
(a) If legislative, and a cornplaint is about thc lauguabe or 'vitent of legislative acts or
suggestions f:or changes to such acts, and if the Council finds such complaint
suggests a change to an orciinance or resolution of the City, the Presidiug Of-ficer
- inay refer tlie mattzr to a commiclee, administration, or thc Council-of-tlle-VViale
for sriidy and r.econtmenclation.
(b) If administrative, and a complzuit regards adiui.nistrakive stal:f' perforniance,
execution of legislative poliey or administrative policy Nvitlun the authority of the
City Iv1anAger, the Presidi.ng OHicer should then refer the complaint directly to ttie
City Manager for review, i.f said complaint ha.5 not been so revicwed. `l'he City
CoLincil may direct that the City vf.anage.r brief the Council when the C;ity
Manager's responsc is iuade. ,
3.13 Photographs, motion pictures i►r videu tape requiring artificial illumination - Prior
Permission Reyuired. *I\TO overhead projection, photograplis, mation picCures, or video
tapes that require the use of f7ood lights, or siilular artificial illununation shall be uSed by
the public at City Council meetings without the prior consent of the Yresiding C)f.~~icer or
the City Maaager.
3.1.4 Audio Recordings of vlcetings. All regular ineetings, public hearings actd quasi judicial
proceedings of the City Council shall be recorc3ed by the Cii:y Clerk on an audio
recording device. Workshops or sfudy sessions arc mostly comprised of legislative or
adminislrative project discussion xvitlt tio foi`rtial action intended. TherefUre; workshops
ar stuciy sESSions shall not be recordecl except as set f'orth in Seetion 1.16 above, unlcss
the Cauncil elccts upon advice of the City Maaiager, City Altorney, or City Clerk.
E, ►7cl ofArticle 3 - Council.Prncerlures
AK'1'1CLL 4- COMMITTT:T.S, BOAR.nS & C(,)MNLISSIUNS
4.01 Conimittccs.
(a) All standin;; Commiltees, BOarCiS, and Commissions 'which arE rcquired by state -
law shall bc appointed by the VIayor with confi.rniation by the Council.
Page 18 of 51
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(b) A11 othcr Counci] Coimzuttees, CitizEn's 7';asl:force groups and rules or operating
proccdures thereof shall be Established by Council Directive with special attention
to R.CW 35A.13.120, and after consultation with the City Manager. Such
conunittees shall be commissioned for a timc certain, nol to exceed tWo (2) years
or ttic term of the appointinD Mayor, whichever is less and provided -with a clcar
task dcscriptiUn and "sunset" provision. Appointment shall be by the iVlayor.
Cpuncil may «raive confirmation in the i.n. strument creatuig said committee or
group. Such Comrniltees shall be subject to revieNv, whcnever a new Council is
scated following elections, so as to dctcrrnine whelher the cammittee ancl its
functions cankinue to be appropriate and necessary. Members of aliy Cominittce,
Board or Coinmission which bave been appoiuted or confirmed by the Counci.l,
may be removed without cause by a majority vote of the Council. A copy of the
maliUn(s), or as hereafter acnended, cstahlishino conimittees, liaisons alid citizen's
cask force groups shall bc attached hereto, a.s Fxhibit A-S. (See the attached
related charts ExLibits A-6 (1) (2) & A-7.)
(c) Other sPecial ad hoc coumuttees aud Couneil liaisons for a particular purpose
may be appointed by the Ma}ror, Nvitfiout confirmation Uf CUuncil for a cii-ne
certaiu, not to eYCeed the tcrm of the appointinD Mayor., alnnn with a clear task
dcscription and "sunset" provision. (d) Comuuttees, liaisons and citizen's taskfarce groups shall be given an opportunity
to niake a recommcndation, when appropriate, on pr.oposed ordinances,
resolutions and rriotions wichin their area of r.esPons.ibility or uiterest, beforc
action is taken by the Cauneil. The appr.opriate spokesperson shall present thc
recommendalion(S) during discussion oftllat busiuess item on a Cou.ncil agenda.
(e) Na Advisary .13hard or Commission shall take any final action outside of an open
public meetulg.
4.02 Council Relations with Bozrds, Commissions and Council Citizen Advisory.
All statutorp boards and commissions and Council citizen advisory bodi.es of the City of
Spokanc Vallcy shall provide the Council with coPies of mi.nutes o.f all meetings.
Communications from such boarcis, corrunissions and badies to the City Council sliall be
acknUwledged by the Council.. tlny mcmber of the Coimcil may also bring such
ccammunication to the P.r.esicling Officcr's attcntion under the agend-a item "CUmmitlee,
BUard and Liaison R.eports." Should any mcmbcr of the Counc;il determine Ihati any such
. cnmmunication be officially answered by the Council, the PresidinD Officer shall place
the matter nn the agencia under. 'Nlew Business for the etu-rent meeting or any subscquenl
uleetinb.
End ofArticle 4- Commiltees, 13varcls & Commissiorts
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Page 19 of 51
A1271CT..r a- RELATIONS NVl'11TT CITY 1-tANAGER & AM-YDTTiSTRAT[ON
5.41 Role uf the City iranager. Tlie Cily Vtanagcr is the c}uef administrative officcr of the
City of Sppkane Valley. 'lhe Maaiager is direc.tly accountablc to the City Council for the .
execution of the City Council's polic}r direckives, and for the adiiun.istration and
management of a11 City deparlments. `1`he powers aud duties of the City Manager are
deFined by Wasfun;tou law, RCW 35A.13.080. Such duties may be expanded by
Ordinance c>r Resolution. Balanccd 1Arith City Manacer's accountabilit), to the City
Colulcil for policy implementaticm is the need for the Council to allow the Cicy Vlanager
to perforrn legally defined duties and resp4nsibilicies without uiterferen.ce by the City
Cauncil in the day-to-day manageiiient decisions of'the Cily Managcr.
5.02 Administrative Interference by Councilmembers. ?teikher the Ctauncil nor any of its
coLuniittees or member5 shall direct or requcst the appouitnient of any person to, nr
his/her removal fi-oni, a»y ofl:ice hy ihe Citv Manager or any of lus/her subordinates.
Esccpt for the purpose of inquiry, the Couneil and its mernbcrs shall deal «rith the
adminiStrative branch solcly through the City Manager and neither the Council nor any
conuiiittee or member thereoF shall give any orders to any subordinate of the City
Maia;er; either publicly oz privately; proviciecl, howevEr, that nottung herein shall be
construed to proliibit the Council, while in ppen session, fram fLdly and freely CIISCUSSll1E
with the City iVlanager anyth.itig pertaining to aPpointmenls ancl rernovals of City officers
and cmployccs and City affairs. (12.CW35A.13.120.) ,
.
5.02.1 Tnformal Cummunications Encouraged. lhe above requi.rement of RCW is not to be
construed a.s to prevent informal commulucations -svith Cit}, staff tliat da not involve
orders, d'u•ectinn, or axe nieani to inEluene,e actions or administrative policy. Meiubers of
. the C;oimcil are encouraged to interact in.farniaUy anci ca.sually with City staff for the
purpose of gathering information, obtauun; explauations of polie,ies anci programs ar
prnviding inci.aent.al i.n.[i>rrriatiori to Staf.f relevent to their assigrunent. Such informal
contacts ean sErvc to promote better understanding of specific City functions and
problcros. 1-Iotivever, Counci.l.ntembers must be caref'ul in such inleraction to awoid giving
direction or advice to members Uf City sYaff: VVhile maintainin; opeu lines of
cotn.naunicalion, Gi[y staFt responding to in.formation requests froin Couilcilmembers ~Nri11
inform their supervisor af such contact fuid provide the supervisor With the same
in.fnrmation shared wiih the Cowncilmcmber.
5.03 Administrative ComPlaints Macle nirertly to incliv;dual Cuuneilmembers. Whcn
admi.iustracive policy or aciministrative pcrformance couiplauits are made directly to
inciiviclaal Councilmembers, the Councihnember shaU lhen refer the matter directly to the .
Cit), Mfulager for review ancilor action. 'l"hE individual Councilmember may request to
be inf4rmed of the actiou or response made to dle coinplai.nt. However, the City
Mauager shall. not be required to diwlge information he/she deems confidential, in
coufonnity• -vvith applicable statutes, ordinance:s, regulations, policics or practiees.
,
Page 20 of 51
5.04 Adniitiistrative Conaplaints -`Best 1'ractice." Althoudl.i citizens' di.rect access to
elected officials is to be encolu-aged to help dcvelop public policy, City Councilmembers
sliould not develop a"personal intervention" pattern in minor calls for service or
ldministraeive appeals which may achially delay a kiniely customer service response.
1"he best policy is to get ihe citizen into direct contact writh cu.stomer service unless an
unsatisfactory result has pccurred. In that case re.fer to Section 5.03 abnve. L'nd ofArticle 5- l:elalivn,s tivith City Mtrnugef• & A_dministrution
ARTiC'T.,E 6- YUBLTC HFAR.PtC F1tOCEllURES .
6.01 Appearance uf Fairness Dacrrine. Appearaaice of Fairness Doctrine and its
Applicati4n:
(a) Appearance of Fairness Doctrine :Dcfineci. "lii short, when the law which ca11s
for public hearings gives lhe public not only the right to attend, but the right to be
heard as well, the hearings m.ust iiot ouly be fair but mu.st appear to be so. It is a
situation where appearances a.re qtutc as importanl -a5 subsiance." Snutii vs.
Skagit Gounty, 75 `Vn.2d 715 (1969). "The test of wliether the appearance pf
Fainiess doctruie has becn violated is as follows: Would a disinterested person.,
~ having becn apprised of tlie totality of a board member's Personal interest ui a
inatter being actecl upon., be reasonably _justifed in think.ing tliat partiality may
exist? If answered i.n the a.ff'lnnative; such deliberations, and a.ny coursc of
concluct reaehed thereon, should be voided." S~%Jft vs. Isla.ncl Countv; 87 Wn.2d
348 (1976). (b) Types of Hearings to V4'hich the Doctrine Applies. T'he Appearance of Fairness
. Doctrine sliall apply only to those actions of the Council which are quasi-judicia,l iu nahuc. Quasi juciicial actions are defined as aetions of the City Couucil wluch
dctermine lhe leoal rights, duties, ar privileges of specific parties in a hcaring or
. oXhcr contested proceeding. Quasi judicial actions do nnt include the leeislative
actions adopting; amending, or revising cornprehensive, CO1tl.t1lULllLy, or _
ueighborhood plans or other land use plauung doeurnents or the adoption of area-
Nvicie zoniug ordinances ar the adoption of a zoning amendmenr that is of as-ea-
Mde (versus site-specific) signifcaalce (1ZCW 4236.010). Slreec vacations are
typically leDislative actions, unless clearly tied to, and integrated intU, a site--
speci.fic development proposal which is quasi juclicial in nahue.
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Page 21 of 51
(c) Obligatinnti nf Caunc.ilmembers - Proccdure. -
~
1. bnmedia.te self disclasure of intcrests tliat may aPpear to coustihite a
conflict of uiterest is hereby encoitraged. Councilmembers should
recognize that the Appearanc;e at Fairness Doctrune does not require
estahlishment of a conflict of interest, bul whether there is.an appearance of conflict of interest to the average person. This rnay involvc thc
Cotuicilinember or a Councilmember's business associate, or a member of
the Councilmembcr's uiunediate fanuly_ it could involve ex parte (outside
the hearing) comtTlunications, ownerslup ot properfy in the vicinity;
busiuess clealvigs «7kh the prAponents or opponcnts before -or 3fter the
hcaruie, business dealings of the Councilmcrnber's_ cmployer 'with the
proponents or opponents, announced preclisposition, and the like. Prior to
any quasi judicial heaci.ng, each councilmember should givc considei-atiou
to Nvhcthcr a potential violation of the Appear~ance of Fairness Doctrinc
exists. If the answer is ui the a-..f~f.iraiative, n4 matter haw remote, the
CUUncilmcrnber sholild disclose such facts to the City Manaber who will .
~ seek the opiniUn aC the City Attorney as to wcether a potentia.l violati.on of
the Appea,rance ot' Fairness T)oclrine exisls. The City Rlxnager shall
comcnunicate such opuuon to the Councilmember ancl lo the Presiding
Officer.
2. Anyone seeking to disqualif~, a Coiuicilineinber from participati.ng in a ,
decisian on the basis of a violation of the Appearuice of Fairn.ess Dockrine .i
must rdise the challenge as soon as the basis for disqualification is inade
laioNvu, or reasonably shoulci have heen n~iade krio,~vm, prior to the issuance
of the decision. Upan failure lo do so, the Doctrinc may not be relied
upon to invalidate the decisioii. Tlie parly seeking t4 disqualify the
CUuneilmernber shall statc with specificity the basi.s for disqualifieatic>n;
for exaniple: demonstcaiecl bias or prejudice for or against a par[y to the
proceedings, << naonetary interest in outcome of flie prnceedings,
prejutlgmient o1' the i_ssue prior tu lleat•ing the facts on the recard, or ea
parte contact. Should such challenge be made prior to the hearing, the
City 1v1:a:naDer shall direct [he City Attorney to interview the
C;ouncil.member and render an opinion as to the lil:eLiioocl tliat au
ApPearance of Fairness violation wotild be sustained in Superior Court.
Should sucb challenge be made in the coiuse of a quasi juclicial hearine,
the C;ouncilmcmber shall either recuse hi_mll►ersel.f"or the Presiding pfficer
shall call a recess to permil the Cily Flttorney to rnal:c such intenriew a.ud
render such opinion.
PsaC 22 Of 51
3. The Yresiding Officer shall haue authority to requcst a Councilmember to
eYCUSC him/hErself on the basis of c-Ln Appcarance pf Fairness violation.
Further, if'two (2) ar more Councilmembcrs believe lhat an Appearance o.f.
FairnesS violacion e:cists, such individuals may move to request a
Council.ixiember to excuse himlherself Un the basi.s of an Appearance of
Fauness violation. Tn arriving at this decision, the Presiding Officcr or
other Councilmembers shal.l give due regard to the opinion of the Cii•y
Attorncy. (d) Spccifc Statutory Frovisious.
1. Candiclates f~or the City Council uiay erpress their opiluons about pcnding
ar prnposed quasi judicial actions whilc campaigning, RCW 42.36.040,
except that sittuig Councilmcmbers shall not express their opinions on any
such matter which is or may come before the Council.
2. A candidate for the City Council who cUmplies vvrith all Prnvisions of
. applicablc public disclosure and ethics laws shall nat be lin.vited un.der the
Appearance of;' Fairness Taoctri.ne froin acceptbig caiupaigil coiitributions
to finance the campaign, uicluding outstanduig dcbts. (1'ZCW 4236.050)
3. Lx Parte communicationti Should be avc►idecl whcnevcr possihle. During the pen.clency. oi' any yuasi j udicial praceedin;, no Councilmember
may engage iu ex parte couimunications vrith propoucnts or opponents
about a proposal involved in the pcnding procceding, unlcss the
Councilmeinber: (1) plzces on the record the substarice, of such oral or
-w-itten couuuunica.tions; and (2) providEd that a public annotulccmcnt of
the content of the conununication and of the parties' right to rebut the
substance of the comrnunication shall be made at each hearing where
action is taken or considerecl on the aubject. This rioes nUl prohibit
correspondence belween a citizen and his or her electea oFf:icial if the
r,orrespondence is made a part of the record, when it perta.uis to tiie subject
matter of a quasi-juciicial proceeding. (KCW42.36.060)
(E) Public llisclosure File. The City Clerk shall mainiain a public disclosure f le,
, wtuch shall be available fior inspection by the public. As lo electecl of_rcials, the
file shall contain copies of all disclosure torms iiled wiCh the Washinglon State
Public Disclosu.rc Commission.
(t) Yrocedure On Appliczt•ion. Any persc?n making application :foz any actian
leading to a quasi-judicial hearuig before dle Ylaniing Coinmission and City
. Couneil shall be provided Mth a document containing the followuig uiformation:
. (1) the names aiid address of all mcmbcrs of the City Council, and the Planning
Commission, (2) a StaCement that public disclosiue information is available for
public inspection regarding all such Councilmembers, and (3) a statement that iF
the applicanf vitends to raise any appeara.nce of faimess issue, the applica.nt
Page 23 of 51
shoul.d do so at lcast riwo (2) weeks prior to any public hearing; if the grounds for
,
such issue are then knoNvn and in all =scs, no later thaai bet'orE the openui; o.f.' the
,
public heaa-ing_ The applicant shall sign a receipt for such dncument.
6.02 Actions 1'or a Yubiic Hcaring. The proccdures for apublic hearing a.re as follrnws:
(a) Prior to the start of the publ_ic hearing, the 1'residuig Officer may reqlurc that all
pcrsous wisliing to be heard shall sigti in with the City Clerk, giving their names
and addresses, the agenda ilem; and whether they wish to speak as proponeut,
npponent, or otherwise. A.ny person who fails to sigii in shall nol be permittcd to
speak until all thosc who sig►ied in have ci4ne so. At any public hearing, persons
who liave sigmed in and wish to be heard shall be givcu an opportunity tca be
heard. However, the Presiding Officer sliall be authorizcd to establish speal:er
tiiue li.ruits and otherwisc control presentations lo avoid rEpctition. hi public
hearin;s tl,at are not of a quasi judicial nature, the Presiding Officer, siibject to
concurrence of the majority of the Cotmcil, may eslablish time licnits avd
othenvisc control presentations. The Yresiding Officer may change the ordcr of
speaker5 so that tcstiinony is heard in the rnost logical groupings, (i.e.,
prnPanents, opponents,.adjacent o~Nners, vested interests, etc.)
(b) T'hc Yresiding O.f.fcer introduces the agcnda itein, opens the public hearin€, ancl
annoLunccs the follo-vNring Rules pf QrdEr:
1. A11 comtuents by p.roponent-s, opponents; or the public shall be made frorn
the spcakcr's rostrum, and any individual iuakiiig conunents shall frst:
give his/her naue and address. This is rcquircd because an official
recorded transcript of the public hearing is being made. If there is any
appeal, the court must iuake its decisiqn on the basis of what ivas said at
the puhlic hearing.
2. It is not necessary to be a proponent or opponent in arder to speak. .[f you .
considE.r yo«rself neither a proponent nor opponent, plcasc spea.k during
the proponcnt portion and identify yourself as ncither a proponent nor an •
opponent. -
3. No couments shall be macie from any other location, and anyone making
. "out of order" conunents shall be subject to reiuoval from the meeting.
4. 7"hcrc tivill be no demonstral:ions, applausE or other audience partieipation
dui-uiLT or al the conclusiori of furyone's presentation. The Council is not
allowed to consider sucli expressions and it takes tiine away IYOm the
. speakers.
5. These rules arc intended to prom0te an 4rderly systcm of holding a public
heaa-ing, lo give persons azl opportun:ity to be heard ancl ta e.nsurc that
individuals are not embarrassed by cYCrcisiu; tlieir right o:f. fre.e speech. ~
Page 24 of 51
~ ~ .
(c) When Council conducts a hearing to wluch the Appearance of FairnESS lloctrine
applies, the Presiding Officer (or in the case of a potential violation by that
individual, the vlayor Pro Tem) wi11 ask if any Council.membcr knows of any
reason Nvtuch wauld require suc;h meLUber to e:ccuse themsclvcs piu-SUant to the
Appearanr•e of Fairness laoctrine. The form of the announcernent is as follows:
All Councihiiembers should now give c4nsideration as to wheklier tbey liave:
1. A demonslxated bias or prejudice for or against any party to the
proceedings;
2. A clirect or induect monetaiy interest in the outcomE of the procecdings;
. 3. A prejudgmcnt of the issuc prior to hearing the facts'on the rewrd; or 4. Had ea parte contacl with an}' intlividual, excludi.nD adminiSkrative staff.,
. with regard ta an issue prior to the hear.ing. If ai-iy Councilmember should
answer 'vi the affiruiative, then the C;ouncilmeinbers should state the
reason for lus/her answcr at this timc, so that the Chair may inquire of
administration as to ,vhether a viplation QC the Appearance Uf Fairness
laactrine exists.
(d) Site-Specific Comprehensive Ylau and "Goning Amendments ("ltezoues").
1 he following are gcncral concepts and not intended to adcl to or change
applicable stahites or ordinanccs or to be considcred a land usc control. 'Uncler
Washuigton's Crowth Management F1ct, Chapter 36.70A RCW, as implementecl
by Spokane Valley, site-specific reione requests (initiateci by property 4wners.or
tievelopers) are processed not mare kequen.tly lhan once eac•h year., concurrenkly
wikh khe Comprehensive Plan amenclment process. This zssures that a11 rezones
are consistent vvitti the overxrclung ptuposes and 'uiteut of the Growth
Managcmcnt tAct and the City's Comprehensive Plax►. All roning must be
consistent witli,,and 'unplement the Comprehensive Plan. To tliat end, at the
outset of each public hearuig or ineeting to consider a zoning amendlnent or
zoni.ng reclassification, the Presid'uig Officer or City Attoruey wRll atinounce the
legal standards for Comprehensive Plau and zoning- ainendnients and ask the
parties ta l.i-init tlieir pr.esentations to iuforuiatian Nvithui the scope of the
stmidards. The forni ofthe announceinent is as follows:
The follovvuig c-tre ;eneral concepts re~arding Couiprehensive Plaii and zonulg
amendments'uncier the law o.f the State of `Vashington:
t. The current zoning is presumed valid.
.
, Page 25 of 51
2. The burden of proof is on the applicant Por ttie site-specific ,
Comprehensivc Yla.n xn.d roning amcridinent ta establish by proof i.n '
sufhciznt measure that the follovvi.nb requircments have been satisfied. In
mal:ing its decisian, the Cit), Council urill consider the recom.mendations
madc by the P1ann.i.ng Ccarnmission ajicl the rec;ord developed before the
• Planning Coiiunission. Requirernents (a), (b), and (c) statccl below shall
be "consiciered" and wei;hed by the Coiuicil. 1fie Council uiust
affirmatively :find that the applieant has satisfieci requireuients (d) through
(a) NVhether circumstances related to the propased acneudtnent ancUor
the a.r.ea i.n which it is locatcd have substantially changed suice the
adoption of the Spokane Valley Compreliensive Plan;
(b) Whcther the assuiriptions upon Nvhich the SPol:ane Valley
Con7prehcnsive 1'laii is based are no longcr valid; or whe[her new
information is availablc Nvluch was nat considered dtu-uig tlie
adoption process or any annual amcndments of the Spokane Valley
Comprehensive Plan;
,
(c) NNI-helher the proposed anmendiuent rei:lects currcnt widely held
conimunity values;
(d) Tfie proposed amendment meets' concurreney requiremeuts for
trtuispor«tion, Sewer, and water, and does aiUt adversely affcct
adopted level o:f service standards for other public .facilities and •
services, such as police, fxe and emergency medical servic;es, park
Services, and general govemment services;
(e) "1"hc proposed amenduient is consistent with the goals, policies ~tncl
objectives of the vanous elements af the Spokane Va.lley
Comprehensive l?lan,
(f) The proposed amendinene will noI result ui pr.obable significant
adverse unpacts to the cily's transportation nehvork, capital
faciLities, utilitiEs, parks, and enviroiunenta.l features that cannot be
nutigated, antl will not place uucompensated burdens upon existing
or planned scrvice capabilitaes; (g) lii the case oF an arncndment to the laaid use map, the subject
parccls are ptiysically suilable for the requested land use
designalion and the aiiticipated land use development, iucluding
blrt IlOt IllIllfZd t0 ac•cess, provision of utilities a.nd coinpatibility
with e;cisiing and plaiuied surrounding land uses;
- ~
,
f'ave 26 of 51
i-~ (h) The proposcd amendment wi1l not create a pressure to change the
laiid use designation of other properties, unless the change o:F land
usc designation for other properties is in the long-term interestz of
the community i.n general;
(i) 'I'he prdposed action doES not materially affeet the land use and
growth projections which are the basis of the Comprehensive Plan;
(j) 1'he proposed action does not materially affect the adcquacy or
availability of urban facilities and scrvices to the irnmecliate area
and the overall arca of the cily; and
(k) The proposed aniend.meiit is consistEnt witli the GAIA, trie adopted
cpunly-%vide plan.iung policy of Spokane Coiuity, any other
applicable interjurisdictional policies or agreements, and any other
state or local laws.
3. Tlie facts iu support of the application may come from any source; either
the applica.nt, the administration, or the public. The important
consideraliUn is thal the ciecisian niust be made on the basis of iuformation
pzovided to the PlauTUng Conuuission fuid to the Ciq, Coiuicil at this .
public heariug or any contiuued public heariug. All cvidcncc, sueh as
f-, photographs,' letters, charts, maps, slides, computer presentatiQns or other
cvidence must remain in the record in a f'brm wh.ich c:an be reviewed on
any appeal. For examPle, a pri.nt out of a computer slide show may be
submitted. Any exhibit nbt remaining i.n the r.ecord ~Nrill not be considered.
4. Afler the lestimony, the public hearing vvill be closed and ttiere will bc a
matinn to approve the plan and zoiung acnendment. This does not mean
tliat the inember so moving or so scconcling is in favor of the rercme, but
tllat Council has been advised by the City Atlorney that affimiative
motions are prcferable.
5. Following the clecision; this bady must make 6ndings af fact aud
couclusions of reasons for its action. These findings rnay be ciral-leci by the
administration or there inay be a recess for the drafiting of such items.
PUF3.T_IC; ITEf11tNG
(e) The Presiduin Officer a.nnounces the matter, opcns the public hearing, asks all
pcrsons Nvho intend to he witnesses lo be swonl to tell the truth tuld then calls
upon City administration to describe the mattez unde.r consideratinn. The -
Aresiciing O:C[icer may individually swear witncsscs. ""Bcaring in mind the legal
stand,ards 1 havc just describecl, p1ea.Se limit your ccim.ments tn in.fonnation witli.in
the scope a:f these standards."
Pxge 27 of. 51
'I"hc YrESidii-ig Offic;er will custouiarily ca.ll for propnnents ui quasi judicial
procccdings and for spc:akers ui non-quasi judieial procecduigs. NVhen
considcruig a site-speci fic Comprchensivc Plan ancl znning amendment or zoning
reclassification, the Presiduie OFf:icer shall announcc:
"Site plans, artiSCic renditions, c-Lud the like i.n suppori of a zonuig wnendineilt
should be a.voided except as thcy help explain the terms of any proposed or
anticipated conditions for approval. Any graphic rcpresentations should be useci
for illustrative purposes orily, atid the adtnuustcation or City Council should avoid
uidicating approval or disapproval of sueh plazis. Such evidence Shall remain a
. part of the record."
(g) The proponcnts or speakers now speak. (Nale: if the City of Spokane Valley i.s
the proponent, a uieinber or niembers of the administration shall bc dcsienateci to
give proponcnt aiid rebuttal testi.mony.)
(h) The Presicling Ufficer calls for additional proponents or speak:ers.
(i) In non-quasi judicial proceedings, reFer lo Seetion 3.03 (h), otherwise the
Presiduig Officer ca]]s for oppone.nts by announcing the following:
"At chis time the opponcnts atid persons wlio do not c;laiin to be either a
proponenl or an opponent will have an oppoirtuaity to speak_ Should aiiy -
oppanenl have questions to ask of the proponents, ask the questi4ns during your
pcesentation. The proponents shall note the questiou asked, and answer such
questions wllen the proponent speaks in rebuttal. 'T'hc proponent sliall be required
to answer any reasonable question, provided that the PrESiding Officer reserves
the rigtit to nile auy yuestion out ot'order."
(j) Opponents spealc.
(l:) The Presiding Of.f.icer calJs for additional opponents up ta lhree (3) fimes.
(1) The :F'residing Qf-fcer calls for proponcnts to S(30ak ili fevuttal. AprnPpnent
speaking i.n rebultal shall not introducc ncNti, materials. lf the proponent does, ar is
allnwed to do so, the opponcnts shall also be allowecl to rebut the new elements.
(m) '1 he Presiding Officer announces the folloNvring:
"AC lhis time Iwill inquirc of the adini.nistralion ~N.-hetlier the administration
wishes to intrnduce any testirnony as to subjccts raised by the proponents or
opponents, or altcr ui any regard its initial reconimendations."
!
1'age 28 of 51
(n) Thc Presiciing Officer inquires as ta whetlier Councilmembers have a,ny questions
to ask the proponents, opponenis, spelkcrs, or adinuustratioii. If any
Counciimember has qucstihns, the appropriate individual -vvill be recalled to the
podi.um. The Yresiding Qfficer may also pcrmil questions by Cotmeilmcmbers, nf
any witness at the conclusion of thcir testimony. QuestioiLS of wimesses
subuuttcd by proponents or opponents may be asked by fi.tie 1'residing QfCeer of
such wilnesses if deemed relevant.
(o) 7'he Presiding OYficer closes the puUlic hearing. Aciditional testimony may not be
requcsted or consitlered after the closing of the public hearuig iuiless the I'residing,
OfF.icer declzres the record open until a date certain for the purpose of r.eceiving
-vvritten tcstimony, such as a le;al brief, on a subject(s) speci_6ed by the Presid'uig
Officer. (p) The Presiding O.£f.icer inquires if there is a molion by any Councihueinbers. If a
mokion is macle, it shall be in the f-orm of ai af_firmative motiou. 1^ollowing the
niotion and its sccond, discusSion oc.curs among Councilmembcrs. The Presiding
Officer may call on individual Councilinember.s in the discussion.
(c) The Presidiug Officer inquires if there is any Further discussion by the
Councibnembers.
(r) nce Presiding Ofticer 111C]UlleS if there are any rnal comments or
~ recammendations from adtn.i.nistration.
(s) The Presidi.nD Of.ficer inquires ot' the Councilinembers as to whetlter they ari;
re.ady for the question.
(t) The City Clerk shall conduct a roll call vote.
(u) The Presiding OC(:icer may direct the adinuustration to prepare Findings. T'he
findi.ngs may be approved the sainc night, if ready, or may be placed on the
agenda af the next regular ineetuig.
End of _Article 6- Public Flearing Procecltrres
A:KTTCLL 7 - USE OF RULES
7.01 Purpose. lhese City Council Rules af Procedure ar.e desigried to provide guidance far
the City Cotulcil. I'hey are not to he considered restrictions or expansions of City
Council authority. These niles hawe been prepar.etl &om review of many statutes,
ordinances, cour.l cases and other sotirccs but they are not inlended tn be an azueiidinent
or suUstihrte for ttiose statutes, ordinances, court decisions or other authority.
F'aDe 29 of 51
7.02 Use. Nlo action ta.ken by a Councilmcmber nr by lhe Cotuicil wluch is npt in compliance
vvith thesE rulcs; but which is ocherwise lawful, sball invalidate such Councilmcmber's or
Council action or be deemed aviolation of oath of affice, misfe,asalice ot malfeasanec.
No authority other than the City Council may cnforce tliese rules or rcly on these rules.
Nailurc of the City Cc>uncil to follow any nf ehese rulES shall be eonsidered a Council
decision to waive sucll rule. No noticE of such waiver need bc eiven.
7.03 Public Use or Reliance Not Intended. Because tllcse niles are designed to assist the
City Couticil and not to prqvide substantive rules affecting constihiants, it is expressly
slated that t~iese rules do nat constitutc l~icl use re;ulations, offcial conkeols,
"appearance of faixness rules," public hearinb ru.les or ather substantive niles bindi_ng
uPon or to be used by or relied uppn by membcrs of the public. These rulcs do not aiuend
statutory or othcr regtilatory (sucli as nrdinance) requircirients.
End of Article 7- U.se of Rules
~
Pace 30 of 51
CITY OF SPOKANE VALLEY Request for Council Action
Meeting Date: September 13, 2005 City Manager Sign-off: '
Item: Check all that appfy: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Proposed Resolution 05-022 Adopting National Incident
- Management System (N111fIS)
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: At che July 26,2005 Council meeting, Chief Walker gave
his f.rst touch on the National Incicient Management System (i~TLNIS) by explainin; the background of
administcring a NU4S, adding tt~at there is no charge for trairiing in this regard. It was Council consensus
at that meetinC, lo begin that process and return the issue for formal council consideration.
The deadline, for adoption of the National Incident Nianagement System is September 30, 2005. 1`hose
. jurisdictions failing tn do so could havc FEiv1A disaster assistance withhelct, reduced or dedicated to those
jurisdictions which h3ve eomplied.
BACKGROUND: RECOMMENDED ACTION OR MOTION: Motion to approve Resolution 05-022
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cal Walker • ` `ATTACHMENTS Draft Resolution 05-022
~
Drafil
' ClTY OF Sl'OKANT VALLEY
SPQKANF COUNTY, VVASFTIYGTON
RFSOLCJTION 05-022
ARESULUTinN AnOP`lING THE NA7'TTONAI.1NCl'DENT MANAGEA4:NT SYSTE, e1~I (INTIM5)
FOR 'I`HE C.iTY OF SPOICA~\'E VALT..EX.
W1=iEREAS, the President in Homeland Security Directive (1=ISPD)-5, direcCed the Secretary of
the 17eparhnent of Homeland Security to devclop and administer a National Inciclent Management
System (N[MS), whieh would provide a consistent nationwide approach for Federal, State, local, and
tribal governments to wrork together inorc effectively and efficiently to prevent, prepare for, respond to
ancl recover from domestic incidents, rega.rdless of cause, size or complexity; and
. \VHEREAS, the collcctive input and guidance from all Fcderal, State, local, and tribal horneland
security partners has been; and will conlinue to be, vital to the developmenC, effective impletnentatipn
and uCilizatinn of a comprehensive N.TitiIS; and
4VHEIZEAS, it is necessary and desirable that all Federal, State, local and tribal emergency
agTencies and personnel coordinatc their efforCs tn effectively and efiTiciently provicle the highest levels of
incident managetnent; and
WHEREAS, to facilitate the most efficient and efl'eetive incident management it is critical that
Federal, State, loc;al, and tribal organizations ulilize standardized tenninology, standardized
oeganiz,ational structtires, interoperable cornmunications, eonsolidated action plaris, unified eommand
structures, uniform personnel qualification standarcls, uni.form standards for. plannirig, xraining, and
eaercising, comprehensive resource management, and designated incident facilities during crnergencies
or disasters; aiid WHEREAS, thc iVIMS standardized procedures for managing personnel, communiealions,
facilities and eesourccs will improve the cities ability to utilize Federal funding to enhance local and state
agency readiness, maintain first responder safety, and streamline incident managemcnC proeesses; and
WHERI:A_S, the Incident Command Systcm components of NIMS arc already an integral part of
various incidenl management activities throughout lhe city, including currenC emergency management
training programs; and
«FT.ERF.AS, the National Commission on Terrorist Attacks (9-11 Commission) recommendetl
adoption of'a standardized Yncident Conunand Syslem. .
NUW TWrRT'FORE, be it resolved by die City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
The City CQUncil does hereby adopt tlle National Interagency Incident Management System (NI.N1S) as
the City standard for incident management.
Resolution 05-022 Adopting N[MS Page 1 of 2
I7raft
Adopted this day of September, 2005.
~
C1'1"Y OF SPOKr1NE VAi 1.,EY
vlayor Diana VVilhite .
AT7'FST:
CiCy Clerk, C}tristinc Bainbridge
Approvecl as to Form: .
OfEice oCt:he City Attorncy
]Zesolution 05-022 Adopting NGVfS Page 2 of2
~ CITY OF SPOKANE VALLEY
Request for-Council Action
Meeting Date: September 13th, 2005 City Manager Sign-off:
(tem: Check all that apply: ❑ consent ❑ old business ❑ nevr business ❑ public hearing
❑ information ❑ admin. report pending legislation
AGENDA ITEM TITLE: Decision re: Appeal of Spokane County Board of County
Commissioner's action approving a comprehensive plan change from urban reserve to
low density residential and adjusting the Urban Growth Boundary and/or in the
alternative approval of a joint planning agreement with Spokane County re: development
in the same area.
GOVERNING LEGISLATION: RCW 36.70A.010,020,110,210,RCW 36.70C, RCIJV 39.34,
County wide Pfanning Policies for Spokane County, Spokane Valley Interim Comprehensive
Plan and Spokane County Comprehensive Plan
PREVIOUS COUNCIL ACTION TAKEN: At Council direction correspondence was sent to the
Spokane County Board of County Commissioner's a copy of which is attached. Also at Council
' ~direction a proposed joint planning agreement has been sent to Spokane County for
consideration, a copy of which is also attached.
BACKGROUND: The Spokane County Board of County Commissioners, on July 19th,
2005 approved a change in the comprehensive plan designation for property located
adjacent to and south of the City of Spokane Valley from urban reserve to low density
residential. The council was briefed on the potential impacts of this decision and
alternatives including the possibility of entering into a joint planning agreement with
Spokane County or appealing the decision of the Board of.County Commissioners to the
Eastern Washington Growth Management Hearing Board. If the City of Spokane Valley
determines that an appeal should be filed it is recommended that it be filed by September
16, 2005. The proposed joint planning agreement was delivered to Spokane County on
September 7th, 2005. There has been no response as of September 8th, 2005. The city
attorney will update the council as necessary.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
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SD ane
..;00OValley
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11707 E Sprague Avz Suite 106 ♦ Spo.kane `Jal(ey bVA 99206 509.921.1000 I,Fax.°509.921.10U8 ♦ cityhall@spo!{anevalley.org.
Aum.ist 30, 2005 . . ' -
Roard of Cotuity Commis'sioners of Spokane County J
] t 16 W. Broadway . . Spokane, WA 99260 N1'embers of the Board of Cauuty Commissioner's of Spokane Coiauty: '
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I am providing thcse cnmuients at the direction af the City Coiuicil of the City of Spokane Vallcy. . • ' ~ . .
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The City oi' Spokane Va.11ey has reviewed tllc rindings of Fact And Decisici~;..Tn The. . •
. IMatter Of Adopting Specific Amendr.uents T'o TFie Spokaiie Countv Gonipreheusive Plan
#S 0649, acioptcd on July 19th, 2005. Thc particular portion of tfiat decision unpactiri; '
ttic City of Spokan.e Va.llcy is re.f.erenccd as No. 03-CPA-51, Saltiese La.ke. .
This area eneompassES approximatcly 419 acres of which 244 acres a.rc currently , Luideveloped. Unplanned developmen.t of tlle a.rea will have a significant aclvezse iuipact
on the abi.lity of the City of Spokan.e Valley to provi.de trA.usportaiXOn. services or to '
ensiire compatible ianing and cleveloPment stan.dards in areas adjacent to.tiE Cifiy o:f
Spokane Valley. ,
. Concerns aboufi this Comprehensivz Plan chKnge vvere cxpressEd tio the Coun'ry on
r'ebruary 5, 2004 in correspondence to Paul Jeilseu as Scnior Plan,ner by 1VIa,rina Sukup,
the Director of Com.muniry Developmcnt #or the City of Spok:a.ne ~VaUey and again: on
rtule 30Eh, 2005 in correspoudence to J'iin Manson, as I~ircctor of ihe Spokaue County .
13u.ilding and Placm.ing Depa.rtment :fcom Gregory.McCormack, the 1?lannuig Ma.nagez for
the Giry of Spokane Va.lley. l'.~ both lctters the necessity,for inter-juri,sdictional -
coordinafi_o.n is identified as a critical part of complyiug urith the Grawtli Nfauagem.ent .
Act as iirell as ensuring the continued financial security o:f both the City o:f Spakane _ Valley and S.pokarte County. Xt was also requesieci that an, expansion of the UGA such as this be f.rst reviewed by the Stee ring Comuiittee o:f Elected Of.-~icials. : .
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$ecause tlus recent nixtter was passcd wiffiout sufficienfi notice to the City o.f Spokanc . .
, Valley ot without any i.nvolvemenfi ofthe.Stect-ing Conunittee of Electzd Officials ttiis '
necessary planning a.nd eoordination was neither inatiated iior coFiipleted. • • r
It i,s our understaudino that thc tuue to challerage tl~is recent actiou expires on oz about tLie
161;ti day of Septcinber: `I`.tae City of Spokane V311ey has.r.epeatedly ex.pressed ils
conuuitm:ent to work with the Coiinty on this anci a rnyl7ad o.f other issue.s. We do not '
wish to enter unto a protra.cted. litigation if it ca.n be avoided. .
Accordi.ngly, we eYtcnd to Spokane County an o£fez to inuued.iately begiti negotiating a .
joint plaiuung agr.eement, limited En th.is specific area, as an alteruative to litigatioit. We
realize that tiine is shnrt but feel agood faith eff'ort could .r.eSUlt i.n apre.li.minary
ageen-tent discussi.ng t,he azeas of transportation ii-upacts anci developmcnt staudai-ds prior
to the 16th of September. We have instructed our City Mana;er, Dave Mercicr to engage
City staff iu an e.f_Fort to complete such an'agreemcut. Hopefully it will set the fon uat for
a morc.comprehensive joint plfuuuiig agreement addressing al_l devclopme.nt issues facuia
the Ciry of Spokane Valley and Spokane Coun[y, as well as other a.ffECtecl jurisdic;fiions.
We a-vvait your respouse.
Mayor Dian.a tiVi.lh.ite • ,
at. ttie direction`66he City Coiiricil-• : ' • : . . . .
'Cify:of Spokaiic Va11ey.
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DRAF"I' 916105
Interlocal ALrecment :Reaardin~~ Joint Plaxuiina beriweeu the City of Spokane
Vallev and SUokane Couotv
This a;reemEnt is enlered into on ttie day of September, 2005 by tbe City of
Spnka,ne Vallcy (Spokatie Valley) and the County of Spokane (Spokane Couxity).
On July 19th, 2005; lhe SpokanE cotinry aoara of County Commissianer.s
. adopted Resolution approvuig a change in the Spokane County
Comprchensive Plaji from- Urban Reserve to T ow. JJensity Residential for the
property described in l'aragraph 3 be(ow. Spokaaie Val_ley .has ex.pressed concerus '
.
about ttie unpact of the proposed extEnsion of the Urban -Growih Axea to
transportatioii capacity "vithin t11e Spoka.nc Valley and possible incompatible
development standards and ciesign. To avoid any fu.rther-dispute and resolvc the
identificd concerns the parties agree to the follo~,N7ng: 1. Legal basis: This agreetTient is entered into pursuaiit to RCW 36.70A.010;
020p>; 110 210(3) (a), (b), (a), wId (f); RcW 39.34; courity-wiae
Plannin.e k'olicics For Spokane Countv (Plaluung Policies)'Topic 2, Overview
o.f. Crrowth Mariageinent Act( CTI~9A) Rcqturenients; Topic 2, Policies (1) aiid
(2); Topic 5 Trailsportation, Ovcrview of Growth .Managzment (GiUiA) •
Requircments; Glossary Countywide Plannina Policy Terrns, Jnint Plannuig
Areas; Spokane Valley Tnterun Comprehensive Plan; Spokane County
' ComUrehensive 1'11n.
2: .area af_fected: The agreEment applies xo that portion of Spokuie Cowlty
. generally lecated south of Turtlc Creek, west of Barker, north of 32nd and
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east of Chapmau Road and more specif cally described in E:r.tubit 1, aitaclied
hexeto and by tltis reference incoi-poratEd herein. .
3. Tntent: It is the intent of the partics, 1) ta promote coordinated plaiuuug for .
transportation -aiid dcvelopiiienl' standards bet4veen che Spokane Vallcy and
Spokane Couniy far ttie area aFfected, 2) ta ensure tbat transportation impa.cts
resulting from developinent in the affected area are identified and that
adcquate :f;unciing is p.rovideci for to pay f'or the cosEs of iuiprovements nlade uecessary by hese impacis, and 3) to ensure thai dcvelopmeni stanclards for.
street,s; sidewa.llcs, clLrbing, cirainage and utilities az•e compatible witti
siandarcls cxistiiig and plaruied (or by Spokane Vallr;}r. Spolcanc 'Val.ley and
Spokane Count}, desire to jointly establish and 'unplement development - regulatians and procedures gove.rn.i.ng the reviewand approval of
subdivisions, short subclivisions and canditional land t2ses wiihin tlus a,ft`ectcd
area. The parties also desue to joiritly establish and implement developmeut
,
regulatibns and procedures boverning the provision of public facilieies Nvitlun
the 'IJCTA property in questian. Spokane V alley and Spokane County a;ree to
coinmit suf,ficieirt sta~'~'-to draft and F.inalize these specific agreements ~,N7thin
180 clays of execirtion nf this agreetiient. 1'he *Partics also recogiuze that
- immedidtc 11nd use development in this area 'without a joint planning
. ' agreement governing ihc saine will fnistzaEe the purpose and 'u-itent of tus .
' agreenlent and ilie developiilent reg«lations and procedures to be established.
Gonsequcntly, Spakanc Valley and Spokane Coimty ab-ee co the fvlloxing
imrnediafe measures:
. 4. Transportation: . . .
a. The parties recognizc that:
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i. Uevclopment in eittier the Spokane Valley or Spokane Counry
creates potential impacts for intersections and corridors in the
adjaccnt _j urisdiction. ' .
, ii. The area in c{uestion contains approxizuately 244 acres of .
undeveloped faiid and a.dditional property that is
uuderdeveloped in l_iolit of proposed ncw deiisity sta.ndards (6
• liomes per acre.)
iii. •Tliat the total build ouE of this area, estimating 4 homes per
acres .f.or tlie undevelapeci properlies anci no aciditioiial build
. . out for the developed areas would allow the consh-uction of
976 new homes resulting in 10,736 claily autoinobile trips. -
iv. "r'hafi this increa,5ed vebicular traffic will have an in~pact on the . intersections and roadways wlthin Spokane Valley, includi_ng
but not limiled to the i.ntersections of SuUivan and SPzague,
Sull_ivaai and Saltese anci the Barker Road and I-90
interchange.
b.• Tn ordcr to cnsure sufficient funds to pay £or the iroprovements
. . necessitated by ttiese impacts the parfiies agree to the following:
' i.= Each developincnt application for a subdivision, short
subdivision or conditional land ttsE pcrmit that contcmplates 20
or mare living uiuts, or PCJD application of miy size; shall
witliin _ working davs of submission bc provided by.Spolcane
. County to the Spakane Valley Cpmmunity Development . .
• Director. .
ii. Spokane Colmry shall require the applicant for eacl1 '
. , development Pr.oposal described in "i" above to prepare and
, provide to Spoka.nc Valley and SpokanE County a'1"raffic
' Iuipact Aiialysis (TIA) quanriFyi.n,g the irnpact of ehal
development. The scope of that TIA sha11 be approved by
Spokane Valley.
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iii. Spokane Valley shal1 be provided with any environalaEiita.l
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cliecl:list, or oeher request made pursuant to RCW 43.21C et
seq for properiies vithi.n the aflected area withiu _ working
days of subniission. -
, iv. Spoka►ie Valley shall have notice of and be able to attE.nd any
Predevelopment conf.erence and/or developmEnt con.fercnce
. wiih respecE to developmcnt pzoposals describcd in `si" above
or any 1'U]7 praposals.
' v. Spoka.ne Cnunty after cansultation with Spok:anE Valley shall
_ include in its reconimendcd conditions of approval to the
' Hexrina E:Yacniner er other appropriate hearuig bociy a
condition requu-uie appropila.te financial contributions 'for
direct transportation impacts to Spokaue Vallcy identified ui
the 'l IA. preparcd tor each project.
' vi: Spokane Cotuity after consultation with Spolcanc Valley sha.ll
,
inclucie in its recommended conditions of approval to the
Hearing E.xaminer or other apprnpriate liearing body a
conclition sefiting foxtli. i]Ze time, maruier and means of
transference or any payniEnt uiterided to coni.Pensate Spokane
Valley for iclEntified traffic iinpacts. .
vii. Spokane Coun.ty recognizes dlal to implement tlus agreement
some moclification of cxistina land use'regulations rnay be '
' rEquired anci agrees to makc sucli moclificatipns within _ days
of exee.ution of this agrcement. -
5. ])evclopmeut-Sfandartls:
' a. Spokaue County ab-ees to adopt wittun _ days of the execution of
, this agreement; the Spokane Valley street st.tindarcis, as well as .
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standards for drainabe, starm water and t2tility desigii and location far
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J the affected a.rea as are set fortli in Fx.hibit 2 attar.hed hEreto and
incorporated hErcin. Prior to the effective date of this legislation
Spokfuie COUIlty agrEes to recoiruuend to the Hearing Examincr or
, otl.ier approp.riate bearing bndy that development wit6in the affected =
area be consisteilt with the Spokane Va11ey Standards discussed above.
b. Spokfuie County agrees to confer ~~~ith Spokanc Valley prior. to
, fuializatiou of the necessity for and/or the location of ajiy cnnnector .
streets and/or the classification ot' any streets tiuitliin or adjacent to api•opqsed development or acljaeEnt to the baLmdariES of Spokane
Valley. lf a-greetnent is not reached resulting in joint recommendation
' to the hcarulg 'Rxaminer or other appropriatc hearing bociy both parties
shall preseut their respeciive positions to the Hearing Lxaminer or
other appropriate hearing body. c. Spokaue Gounty agrees ta adopt, withui _ days of cxcctrtion of this
agreement, the -Spokane Valley I?TJTa ardinance wluch is set Eorth in
Exubit 3, attached hereto and incorporated herein, as to P1T17 of this
legislatiou Spokane coui,ty agrees to reconimend to thc liearin;
rsamiiaer or other. appropriate body, that development ~Nitllin the .
• affecfed a.rea be cdnsistent with the PIJD ordinance set forth above. '
• 6: Other llegulatioris:
' a. Nottung u1. ttiis agreenient sha-ll supersede or uegate any exisiing laud
, tise or developmcnt rcgulation For Spakane Vallcy o.r Spokane County.
. 7. Adtliciunal Agreemetits:
a. The Parties c4nYemplate future joint planning agrecineuts tliaE may
relatc to the affected area of ather pcartions o£ Spok.aile County and/or
Spokane Vallcy. Notlung ia this agrzement is iutended to prohibit the . e
development of future agreeuients relating to either the impacfs
identified above or other impacts that may uow or in the future eYist.
8. llights reserved: .
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a. iNotliing in these agreements is intended fo waive or lulut the :rights o.f.
the parties tp require mitigation far any impact as allowed by federal,
state or local laws or or.tiinxnces including but not limited to envirorunental. impacts governcd by 43.21C.010 et seq.
9. Accountingof.E;xisting:kices: . a. That Spokane Couuty shall withui GO days of execution of this
~t to
greemenfi provide ~i.n accoLmting c~E all fe~s paid tc~ mitigate impacts
intersections or r.oadtivays currently withiii Spokane Valley along with
• the disposition of those funds.
lU. Change iu Stanclards or Qrclinances:
a. Any change in Spokanc Valley oc Spokane Counly standards or
ordinances reli.ed upon in ,this agrecment shall be with..in _ working
dzys of passaoe fonvar.cied to the other party. If the parties caruiot
agree to the iniplementation ok'thcse stanclards ~vithi.n 30 days the issue %
inay bE unmediately set for mediation by either pfu-ty.
_ 11. Mcdialion of•Dispufes: a. tlny disputes al-ising £rqm ttus agrecment, inclucling the failur.e to
agree as to new standards ancUor applicable ordinwices tis is set iorth
in paaam-aph 10 abnve, shall be set far mecliation withiri 30 days of
natification of a disputc. If mediation is unsuccessful then die parties •
. aeree to arbitrakion pursuant to R.C`V 7.60.010, to be held witli 60 days oFthe clate mediatiojl is abandoned.
12. Tndeninification atid Y:iability: .
a. Spokane Cotu-ity shall protect, save harmless, indernlufy and defend, at '
its own expense, Spokane Valley, its- Elected and appovired officials,
officers, eilaployees anti agents, froin any loss or claim for d-wliagcs of
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~ • any natLire whatsoever arising out of Spokane County's performm-ice
of.' this agreement, includi.ng claims by the Spokane County
emplayee's or thirci parties, except for those damages caused solely by
thc ncgligcnce or willfiil miscoiiduct of Spokane Valley, its elected
and appointed officials, offcers, cuiployees, or agents.
b. Spokane Valley shall protcct, save harn-dess, indemnify and defend, at. •
its own cxpensc, -Spokaiie County xts elecced and appouited officials,
oi'ficers; employees and a;ents, f.rom any loss or cl.ai.iii ('or damagcs of
xny natLire Nvhatsoever acising out of Spokane Valley's performauce of
this agreement, incluciing claiins by the Spokane Valley eniplayee's or '
tluid Parlies, except for thosc danages caused solel}r by the negligence .
or wil.l:f:'ul misconduet of Spokane County, its clected and appointed
officials, of[icers, employccs; or agenfs. . c. Tn ihe everit of liability for damages of any uature whatsocver arising -
~J1 out of the perfoimance of this Agrccment by Spokane County ancl
1~- ~Spokaaie Valley; inclucling clauus by Spokane County's or Spokane
Valley's ~~,vn ofticers, officials, employees, agents, volunteers, or tliu•d
. parties, caused by or resulcing from ttie co»current uegligzvice a~'
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Spokane county a.nd Spokane Valley, each parties liability •ber.eunder
shall otily be to the errent of that party's negligE,ncc. -
d. NTO liability shall be arlached to Spokane C4unty or Spokane Valley by
• reason of entering into t}us agreeit-ient e\cept as e,cpzessly provided
herein.
. 13. Sevcrsbility: If any provisiori of tllis agreemcut -or its application to aiiy
, person or circuuistiaiice is helci invalid, ttie remainder of the provisions and/or
, the application ot'the provisions to other persons or circumstarices shzll nof be
affected. '
14. I:ntire Agreemenf: This agreement constitutes the entire agreement behvecn
t:he part7es with respect to the affected propert}r. IL IS anticipated that t1e
parties will enter into fiirdier interlocal dgreemcnts on specific subject areas as
indicated above.
CITY OF SPOKANE VALLEY
. Request for Council Action
Meeting Date: 9/13/2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ pubiic hearing
❑ information X admin. report ❑ pending legislation
AGENDA ITEM TITLE : Website Update Report .
GOVERNING LEGISLATION: n/a
PREVIOUS COUNCIL ACTION TAKEN: n/a
BACKGROUND:
Technology and superior customer service are among our priorities. With that in mind, the City
of Spokane Valley, website was launched in early 2004 as an information resource and a
channel for disseminating information to our °customers." We've made great strides in getting information posted onto our website and now we're ready to move on to the next level.
In order to maximize our website as an information resource and tool for communication, we
have evaluated it and made updates providing for usability, navigation ease, and interest.
Staff will provide a review of the project and updates to the website.
OPTIONS
RECOMMENDED ACTION OR.MOTION
Provide staff with discussion and input on project.
BUDGET/FINANCIAL IMPACTS: none at this time
STAFF CONTACT:
Carolbelle Branch, Public Information Officer
ATTACHMENTS i,
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Webs ite Update
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Mission
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• Promote and support City of
:~r:•~~~ ~ Spokane Valley Vision and Values
~ ~r~~ • Maximize our website as a resource
for keeping our community informed
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YsA;and involved
• Facilitate access to city officials
and/or services
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Goals .
i: • Simplify organization and nJavigation
..a:;~.: • Create visual appeal
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Communicate and reinforce
Vision and Values
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Vision
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Community of opportuni#y wficre indivlduals and families can grow and play,
and businesses tivill flourish and prosper.
Values
Community idenGty and pride
Facus on the future
Open, collaborative govemrnent
2
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i~Simplify organization and navigation
• Create organization and navigation that is
sensitive to a layperson unfamiliar with city departments or services. .
• Standardize layout on each page to facilitate .
navigation ~
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Create visual appeal
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• Put Hot Topics right on the main page
' • Standardize appearance of items
• Include photos where appropriate
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3
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Keep information updated
• Set a regular schedule for updates
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items
• Add new Hot Topics as tliey come in and
replace old or outdated items
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Y~ Add useful information
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• Index of frequently requested information
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:.~~s':: • Pages specifically geared to business,
residents, and visitors
Media releases
• City Calendar
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fAssess and analyze results
• Include contact information for website
feedback
• Monitor usage changes
• Make adjustments as needed
5
CITY OF SPOKANE VALLEY
r` Request for Council Action
,
Meeting Date: September 13, 2005 City Manager Sign-off:
(tem: Check all that apply: ❑ consent ❑ old business ❑ new busincss ❑ public hearing
❑ information xoc admin. report ❑ pending legislation
- AGENDA ITEM TITLE:
PREVIOUS COUNCIL ACTION TAKEN: There was Council consensus at the August 30,
2005 Council Sfudy Session to increase the total funding allocation to $120,000. As of this
writing (September 8, 2005), not all individual Council recommendations have been received;
hence those figures will be distributed at or prior to the September 13, 2005 Council meeting.
BACKGROUND: In the 2005 budget, Council allocated a total of $100,000 for Outside Agency
Programs. These dollars came from the City's General fund and should not be confused with
tourism promotion proposals which were funded with room taxes. During the October 19, 2004
study session, it was Council c4nsensus that social agencies should not compete with the
Economic Development Agencies for the same funding and therefore requested a separate line
item for those agencies in future budgets. Although the proposed 2006 year's budget allocates
$69,000 for Economic Development Agencies, and $51,000 for social agencies, those figures .
are merely a base as Council may delegate the $120,000 funds as it deems appropriate. The
attached spreadsheet shows allocations awarded in past years, and a recap of the funding
requests for 2006.
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OPTIONS:
1. Authorize allocations from the 2006 budget as Council deems appropriate
2. Discontinue the practice of allocating City funds to Outside Agencies
3. Take other action deemed appropriate
RECOMMENDED ACTION OR MOTION: Council consensus to place this matter on an
upcoming Council Consent or regular agenda item, in the amounts council deems appropriate.
BUDGET/FINANCIAL IMPACTS: $120,000
STAFF CONTACT: Nina Regor, Deputy City Manager
ATTACHMENTS: Spreadsheet
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Budget Requests from Outside-Agencies
OUTSIDE AGENCIES ($31,000 FOR 2006) 04 Apply 04 Funded OS Apply 05 Funded 06 Apply 06 Funded Agency Totals
, 8ig Broiiners Big Sisters 8,500
Chase You#h Comrnissoon 60,000 2,000 10,000 1,000 3,000 3,000
Daisy Gir1 Scouts 107
ProjectA.ccess 102,000 25,000 25,000 25,000 35,000 50,000
S okane Valle Meals on Wheeis 8,200 1,000 1,000
Valley Cammunity Center 4,000 4,000 14,283 4,000 14,823 8,000
,;.~F r. S:x::3' a' ~:;Z:Z Y , p r~ar+~or. :es.w,ce:sec:~.:>:»F,~.zx:::: • r•a-• -•,,.i.. o-?.• r>:esv.xe:ar
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o:xtt..v..v..v>i:v:ir5:~.:kvi :o:S:St.v..aS..~.:t4:c .!n .,.,?w..... , Y `f .
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OUTSIDE AGENCIES EDC & ITA ($69,000 FOR 2006)
Econ4moc Dev Commission 100,000 55,000 175,000 55,000 90,000 110,000
Intbmatianal Trade Alliance 35,000 14,000 35,000 14,000 35,000 28,000
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X'x.. . .
Prepare' Bainbridge 9/8/2005
CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: September 13, 2005 .
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Administrative Report: Planned Unit Development (PUD) Policy
' Issues.
GOVERNING LEGISLATION: RCUV 36.70, Spokane Valley Ordinance 03-53 PREVIOUS COUNCIL ACTION TAKEN: City Council adopted regulations relating the
Planned Unit Developments (PUDs) by Ordinance
No. 04-046 on November 9, 2004. Council was
briefed on other provisions relating to PUDs* on
August 23, 2005.
BACKGROUND: During 'the August 23, 2005 briefing, it was noted that the present • PUD ordinance merely
provides exceptions to the adopted zoning regulations. The structure of both dimensional
standards and the ordinance itself should be evaluated to produce the outcome envisioned by
City Council. ,
.
OPTIONS: Provide staff with direction concerning additional amendments.
RECOMMENDED ACTION OR MOTION: Provide Staff with direction concerning PUD policy
issues. -
BUDGETIFINANCIAL IMPACTS: None.
STAFF CONTACT: Marina Sukup, AICP, Community Development Director
ATTACHMENTS:
PowerPoint presentation.
arx oF; ~
- ,
~ ~
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. ~
.
PI ~ ~n~n ~ ~a p ,
~
~ . ieJd Ur~ _ I o Ift . _J n
~ ~ ~ _j ~ _r ~t
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poli'l Issues
.
Community Development Department -
September 13, 2005
Conowpt • Traditional "Euclidean" zoning separates uses, designating minimum uniform standards for development .
within zoning districts . , .
• Standardization often works against, innovation in design and land- management techniques • GMA encourages "innovative land use management
techniques, including but not limited to density bonuses,
cluster housing, planned unit developments and the transfer of development rights" RCW 36.70A.070(5)
I
Conceap't
• Implementation requires flexibility with emphasis on
site design and some discretion in design approvals
• Intended to engender community support and to
protect the character of existing adjacent
development .
• Preserve unique or environmentally sensitive areas
within the site
• Applicable to cornmercial, industrial, mixed use and
residential projects _ . ,
.
Are these Objectives Appropriate?
1. Encourage innovative design andthe creation of permanent
open space. 2. Preserve and enhance special, site features.
3. Encourage the conservation of natural features, wildlife
habitat, and critical areas. 4. Facilitate -the development of mixed-use projects. 5. Encourage the development of street, pedestrian and bicycle paths that contribute to a system of fully connected
routes.
6. Facilitate the economical and adequate provision of public
services.
7. Provide for diverse & convenient recreational opportunities.
8. Provide a variety of environments for living, working, and
recreation.
Other Ob-)1jecti'ves9f
,
• Reduce procedural
requirements? _
• Tailor the "flexibility" to the specific proposal?
. . ,
, _ ; ,
Are Dimensional Standards
Appropriate?
.
• Lot s ize?
Density? • Height regulations?
• Open Space Requirements only for PUDs?
• Other? • Keep all dimensional standards? •Get rid of some or all dimensional standards?
Note: Dimensional standards are minima!
lAlhnf chniliel fhr% r-Eftir elof mn
•Dens Mange for reducin minm
af Ho g u m
standards? • Contributions to Park acquisition/development?
• Specific design requirements?
• Additional provisions for visitor parking?
• Improvements to local access roads connecting to
col lector/arterials?
• PUD approval ONLY for protection of environmentally
sensitive areas? • PUD approval ONLY for mixed use development?
• Minimum PUD size?
, , ; .
■ " F7 1 1
underlving zoning?
• Just for mixed use development, effectively writing
specific zoning rules for PUDs, limiting uses, etc.?
• Or for all development?
• Should development such as cluster housing and .
townhouse even require a PUD?
_s: Je~~i~den~ tir-_ ~I~ De--.jv-/ello~ ~ t~ Standards
~ ~ J ~ r _r~~,e~~r_~ _i~
UR-15Pj~'} UR 7 (3)(1) UR 12 UR 22
Residential
Single Single Mulb- Single Mulb- Single Mul6- PUDs
Family Duplex Family Du fex famil Famil Du lex family Family Duplex family
Lot Area/Duvelling
Unit 10,000 20,000 6,000 11,000 15,0{l0 4,200 5,000 6,000 1,600 3,204 6,000 1,600
Lot Frontage 80 80 65 90 100 50 50 60 20 40 60 30
Lat Depth 80 80 100 80 84 100 50
Front Yard Setbadc
E (5) 154 152) 15M 15(21 15(21 15(21 15« 15(2, 15« 15P) 15(21 15()
.E Garaqe Setback ~ US
2014 2021 2012) 20(2) 20(2) 20(2) 2d" 2&j 2d" 20(4 20(4 20(5)
~ Rear Yard Setback
20 20 20 20 15 20 20 15 20 20 15 15
Side Yard Setback . (4x5Xs) 5 5 5 5 5 5 5 5 5 5 5 5
Side Yard Setback
(flanking Streei « 1512) 15~~ 15~n 15~2) 15~2) 15~~ 15(2) 15(2) 15(2) 1512) 15(2) 10
Open Space 1 b% gross
area
Densi DU/Acre 4.35 4.35 7 7 7 12 12 12 22 22 22 7_ane+ Bonus
~ Lot COVEia e 50.0~0 50.0% 55.0"0 55.0% 55.0% 6~0.0°a 60.dti/o 60.0% 65.00/0 65.0% 65.0% 60.0%
9 Building Height (in
x
cu feet 35 35 35 35 35 40 40 40 50 50 50 Zone
Building Height (in
stories 2Y2 721/2 2'/2 2'/z 3 3 3 4 4 4 Zone
L
c
- ~
Non-Residential Dimensional'Stand-ards
61 S2 B 3
Resid Resid
Resid Busine ential(z Busin ential(2 Busin 1 1 12 13 MZ
ential' ss ~ ess 1 ess
Lot Area 7,200 5,000 6,ODQ n/a 6,000 n/a 1 acre 15,000 n/3 5 acres
Lot Frnntagc 50 59 50 54 45 n/a 125 90 90 n!a
Lot Width n/a 50 n/a n/a n/a n/a n/a n/a n/e n/a
Lot Depth . n/a n/a n/a 140 80 n/a nla n/a n/a n/a
Front Yard Seiback 35 35 35 35 35 35 (e) 35 35 50
Rear Yard Setback 15 15 15 15 15 15 15 5 15 50
Rear Yard Setback adjacent to
Residential n/a Na n/a n/a n/a n/a 50 n/a n/a 100
Minimum
Side Yard Setback n!a 0 n/a 0 nla 0 nla 5 5 50
Side Yarci Adjacent UR 3.5 25 20 15 15 25 50 5 100
Side Yard Adjacent UR 7 4 thru UR-
22 25 10 15 15 20 5Q ~ 100~~1 100
Side Yard Adjacent 62, 63, 12 25(7) 50
Side Yard Adjacent 61, 11 . 5UR7) 50
Side Yard Setbacks (flanking street) 35 35 25 35 25 35 50* 35 35 50
Open Space Dedication (3) n/a (4) n/a (5)* n/a n/a n/a Na n/a
Density (DU/Acre) 7 nla 12 n!a 22 n/a nla Na n/a n!a
Maximum LOt GoverBge 50.0% 50.0% 55.0% 55.0% 60.0% 60.4% 5 0.0% 50.4% 60.b% Ne
Building Height (in feet) 35 35(1) 5003) 35 60 60P 44 40 65 n/a
Building Meight (in slories) 2% 2'/~ 4 2 Yz 3 3 4. • 3 5 n/a
CiTY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: September 13, 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: Memorandum on Infrastructure Funding Mechanisms
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN; None
BACKGROUND: The Council has asked for information at various times on specific means a
city can use to pay for infrastructure impacts resulting from development. Staff has drafted a
memorandum for the Council that incorporates all of the mechanisms so that they can be
reviewed and~considered together.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary P. Driskell, Deputy City Attomey; Neil Kersten, Public Works Director
ATTACHMENTS: Memorandum on capital facility funding mechanisms in Washington
S`pokane
.
,;00OValley
11707 E Spraguc Ave Sui[e 106 ♦ Spokane Valley V'!A 99206
509.921.1000 ♦ Fax: 509.921.1008 • cityhallOspokanevalley.or-g
Memorandum
To: City Counci I;
From: Cary P. Drisk.cl I, Deputy Cit}, Attorney, Nei l K.ersten, Public Works
Dircctor; and Jared Green, T.egal lntcin
CC: Dave Mercier, City M.anagei•; and Mike Connelly, Cily Attol-ney
Date: September 13; 2005
Rc: Capital facility funding mechanisms in Washingt4n
. I. WHAT r1RT' TH.E OY°1'IUNS `I'U PAY F'OR CAPiTAL FACII.TTi_FS
IMPROVERZEN'I'S7
t1 capital facility is a structure, street or ukility systern improvement, or othcr long-lasting .
major asset, inc;lucling land. Capital lacilities of local goveriunents arc provided for public
purposes. iJncler RCW 36.70A.070(3), the cit}r's comprehcnsivc plan must include a capital
faciliiies plan. The capital f'acilities plan is preparcd for the entirc urban groe%nh area. This
policy follnws the intent of the CTMA to help cities preparc for gro~vth within their urban gro,,vth
areas.
C7enerally, the primary issue for capital iacilities financing is who is gc>ing to fund ❑ew
fzcilities uecessitatcd by ncgatiwe impae[s 1rom new grawth. One side of the issue t►rgues tllat devclopcrs, and/or residents Uf new develOpment nugllt to pay For the incrcascd demands on the
entire system. Furthermore, thuy believe that newcomers get to use all of the current
infrastruchire without having had ta pay for it. The counter to that argument is that new groNvtll
incrcascs the overall tax base [tar the comiiiunity, which will benerate the funds necessary For
improvements to capital faeilities over time.
As such, the funcls needcci to firiane;e infrastructure improvements resulting froiii new (and olcl)
development should be obtained tliroueh the general taxing authority of the City.
In a very genzral sense, c7lly fee abtained to mitikate impaets of development cFUi be
terrncd an "impact Fee". This memorandum wiU look at a iiuniber of ways to mitigatc impacts as
separale mechanisms. It should be noted that utilization of one of these meehanisms to mitigzte
a knowm irnpact will preclude use Of the ol-hers. In other words; a city caiinot scek to mitigale the
same impact more than once.
1
Uncier the C_'rrc~,.vth Manaaement Act (GMA) RCW 3E.70A.070(6)(b), local jtirisdictions
must adopt and enforee ordinances which prohibit developmcnt approval if the development
caiises the level oi' service on a lncally mvied trailsportation facility to decline below the
standard adopted in unprovemcnts or strategies co accommodate the impacts of developmcnt arc
made concurrent urith the de.velopment. This reyuirement is generally referred to as
"concurrency". In short; the impaccti of a development must be cnitizated within a defined
amount uf time to he allowed. The concun•ency reqtiirements in GMt1 do not specif-y how this is
to he accomplished.
When reyuirements such as development eYactions are placcd on real property, they will
be scrutinized to determine if t}ley qualify as a"taking" uncier the law. An exaction is simply
another nAme for requiring payment, in somc form, for impaClS Cau.wd. A laking is an act hy a
Dovernmental agency that involves a permanent physical invasion of private propert}e. Sec,
t'Vnllart v. Califnrnia C'oastal C,'omm'n, 453 U.S. 825; 107 S.Ct. 3141 (1987) (string cile omitted).
The 1Vollan Cow-t also stated tliat a lajid usc rcgulation must "substantially acivanr.e sts.ile
interzsts-', and caiuiot result in denying the propertyo uwner economically viable use of' the. land.
hi a later case, the United States Supreme Court stated that exactions will be consideretl a e-aking
unless thev are reasonably calculated to prevent; or compensale lc)r; acivertie public impacts of
the proposed developmenl. .SL'G' CII.SO, Dolari i1. Cih~ of Tigurd, 114 S.Ct. 2309, 231 9-24.
As a result of the numerous appcllate cascs over the past hwenty years; there has
developed a test to determine if a particular devclopment cxaction violales the law a.s being a
"tal:ing". l'irst, the agcncy must bc able to show that there is a"ratianal nexus" or "ralional
rclationship" between the eondition of devc.lopment imposed and che adver5e impacl of
clevelopment. This incluclts a showing by the agency thal eondilion c'm develppmenl is "roughly
propnrtional" to the acive.rse impact of'aevelopment.. 1n coming to this part of the rule, the Dolan
Court stated tllat the local ageilcy "niiist n»ke some sort of individualized determination tliat the
rcquired dedication is relatEd both in naturc and extcnt (scope) ta the impact of the proposed
development. laalan, at 23) I 9-20. In more general I.enns, [his ensures that a developer of laod
pays lheir 1"air share, but nnt more. .
Several cities in Washington have adopted ordinances that attcmpted to ameliorate
idcntified shortfalls in portions oC their budgets that can be directly attributetl to new growch by
imppsing "develoPment lees". When challenged, some of these ordinances were deteriliined to
be illegal laxes. A uwc is illegal ii' there is no Stacuiory basi5 for il. Qne case is ciced with
regulariiy on this issue. In Hillis Ho»aes, Ine., 1'. Si'?[)j?Ui3'715h Cuuqy; 97 \Vn.2d 804 (1982), the
Washington Suprcmc Court annuuneecl a classie test for clisiinguishing behvei;n an acce.ptable
developulent fcc aiid an impermissiblc tax.
"lf the primary piLrpose of the Icgislation is regulalion raiher than raising revenue,
the legislation cannot be classified as a iax, eve❑ il a burden or chartie is imposed.
'fhe characterization of the developmcnt Fecs will, thercfore, n►rn on a determination
c>f the primary purpptie ot' the feeti. If~ the fees are mere tools in the regulation of
land, they are not taxes. If, on the other hand, the primary purpose of the fces is to
raise moncy, the tices are not regulatory, huc fiscal; and they are taxes."
2 '
Hillis Homes, Irtc., Snahc»rrish Courzl.y, 97 Wn.2d at 809. An important factor for the Court in
Hilli.s was that agencralized fee was established for a development activity, without having the
ability ta pea-fortn a particularired analysis on a casL-by-case basis. "I'he inability to adjust a
standardized f'ee or charge, when it can Ue shown by empirical evidence that a development
would clot have the anticipated impacts, is very likel_y to be Stricl:en do~\qt as at1 illcgal taa. In
other words; the amount charged was not roughly proPortional to the impact causecl. This
"rough proportionality" analysis, or something very similar, will be a recw•rinz thcmc throughaul
this memcirandum.
The various types of exaction mechanisms are a.s 1'allows:
A. 'I'ransEiortation Renefit Districts - RC1V 35.72
B. Impart Fccs
C. Statc Environmental Yolicy Act - i2CW 43.21 C
D. Voluritar,y Mitigation Agreements - RCW 82.02.020 '
L+". Local Tr1insportation Act - RCW 39.92
F. State Subdivision Act - RCW 58.17
C. I..ocal Improvcment llistricts
A. `Cransport.;tion Benef7l Uistricts - RCW 35.72
RCW 35.72 providcs a mcehanism whereby ]ocal jurisdict.ians or privat:e parties t11at
pa.rticipate finane,ia11y in provitiing lran5portation iilfrastructurc; ini provemcriis can rcceive
. reimbursemeni f:rom other benefiting properties. ln order to do so; a local jurisdiction must
adopt an carciinance setting forth a process to follow. Spokane Valley adopted Qrdinance 05-014
on Niarch 8, 2005, whic;h sets forili the proccdural rcqiiircmcnts to form a tranSpc>r[a[ion benerc
dislric.t. This is codifed as Spokane Valley Municipal Cocle C:hapter 3.75.
I(' a person developing property detercnines; as a condition of developing their property,
that ihey have to provide soiiie transpoirtation improvemenis; they could appl_y to the City for
formaticm of a transpartation benefit distriet (`l°13I)). 'I"hc C:ity may ehoose to be aparty lo suc•h
an agreenlent if it detc.rtnines that it Would be advantageous for making improvemenLs necessar}r
tor the aeneral piiblic. The developer would determine the area that wnuld be. positively
impacted by the iiliprovement to asecrtain the size of the TBD. This would include a
detennination of the lots within the 'I'BD that are lil:ely to be impacted. The developer would
then calculzte the cost of thc improvements fc>r each prc?perly-likely lo be posit.ively impzcted by
the improvenient (which could factor in the comprehensive plan designation of a property,
zoning, current uses, fiiture intended use, size oi'parcel; proaimity to the proposed improvements
and access to the proposed improvements), and how much additional trafi•ic capacity the
improvement would tenerate. This would thcn provide a pro rata cost of the iniprovement tor
lots within thc "'1`[3I7. Property owners thal would be includeci in the TBD wotild be notificd; and
have opportuoity to object to the inclusion or cost calculation. Unce the agreement is f.inalized, it
is recorded with the County, and is binding cm lhe property nwners in the TBU for a period of 15
years. The crikgeriog evenl ior payment is developmcnt or rcdcvclopment of the properfy. The
cnforcement mechanism to ensure Payment is the Citti, can deny building permits until the
~
~
a.ssessment is paid. 1"he end result Would be that if a property owner submits plans for its
rievelopment; and the calculated number nf trips is "X'', thc city Would collect the per trip cost
Cnr the entity that oricinally paid for it.
As another alternative, a city may create an assessmcnt reimbursement area on its own
initiat:ive; wittioirt the participation of aprivate property owner; finance the costs nf the road or
street improvements, ancl become the sole benef ciary of the reimbursements that are contributed.
If a city participates in a'[`I3D, it may be reirnburscd for only the co5ts of iiliprovemciits
that benefit new clevelopinent in the T}3L7. vo city costs f'or improvements that benctit the
general public may be reimburscd. lf the Cicy is not participating in the "CBD, then the developer
- and other private parties included in the TBIa will pay the entire cost of the improvcment.
B. lmpact I+ees
iillpact fees are cliarges applied to new developmenl to generate revenue for the
ccrostruction or expansion of capital facilities located ouiside the boundaries of new development
(oft site) th:zt benefit the contributing development. The type af' impact fees that most. people
thinl: about whEn thcy hear the tcrm are those related to the Growth Ivtanagement Act, or "GN1A
impact fccs". Under RCW 82.02.050 lhrough .090, jurisdict:ions that are requirecl to comply with
OMA have authoriiy to impose GMA impact fees o❑ new developiiient to covcr a portion of the
cost of the public improveiTient needed to serve nEw dcvclopment. GMA imPacc i'ees ean be
imposed to fi»ld only vc.ry limitecl puhlic improvemenls: public Str4ets, publicl), wvviied
parks/open spaceJrecreational t'acilitiE.s, schools, and tire protection facilit:ies (for cities not in fire .
districts; which we are). RC`V $2.02.090.
Pursuaiit to RCW 42.02.450, GA1A impact fees are subject to four addiiional specific
limitations. First, they >iiZy only bc imposcd for system improvements that are "rEasc,mably
related" ta the ❑ew development being proposcd. Second; thcy cannot exceed a proportionate
share of the total costs of thosc improvements. Thirci, the C~v1A impacl Pees musl be used for
systcm improvemenls that will reasonably bene(:it the new development.. An impoirtant factor
thal will indicate this is the oeograp}uc proximity of the developm4nt ro the proposed
irnprovement. "l`hese first thrce limit:ations reflec:t the Unitc;d States Supreme Court's decisions
in the 1\lo11arr anci Uolarr cases, SE:t f01"fll 111 L}le lllfl"OdUCXIO❑ t0 tIIIS i11eR101'aI]dUITI. FOlIC't}l, CiM11
impact fees can only be collected wid spenl (or projects that. have been identifed in the City's
adopted Capital Facilities Plan, whic:h is part of the City`s Comprehensive Plan. The CfY tnust
identify etistina system deficicncics and the means f'or remedying ihe de(iciencies.
_ Imposicican of C'rMA impact fees must be done tlirough local ordinanec. nny sueh
4rdinance must contain lar.tors that must be considereci i❑ determining the proportionate share of'
the system improveinent costs to bc apportioned to private developme.nt. Under RCW
82.02.060(1), those Factors shall include at leasl-:
(a) the cost of public E'acilities ❑ecessitated by new developmcnt;
(b) an adjustment to the cost of the public faci(ities E'or past or future payinents madc or
reasonably anticipated tn be made by new develop►nent to pay for particiilar SyS[em
4
improvements in the form of user fecs; debc service payments, taxes, or othcr payments -
carmarkect for or proratable to the partieular system impravement,
(c) the availability of othea- means af funding puhlic facility imprQVements;
(d) the cost of existing publie facilities iiiiprovenients; and
(e) the methods by which public: facilities improvements were financed.
'1 he City would also be required to establish one or morc reasonable service areas wit.hin
wluch it shall calculate anci impose impact fees per unit of developmenl. RCW 82.02.060(6).
'T'fie casiest way to implement this is to use onc zone, although il c,ould he argued that have onl_y
c>ne ione does not represent a"rcasonable service area" tOr a city the size oi' Spokanc Valley.
The detei°rnination oti what the reasonable service areas ai-e would bc made after the City
conducted an in-depth traffic needs analysis: discussed below. -
An orclinance rnust also provicle, a me,Ghanism giving credit for the vzlue of any
dedieation of land for; improvement to; or 1lew ccrostruction of any syste►ti irtiprovcinents
provideci by the devcloper to facilities that are idenciiied in the City's adopted Capital Facilities
Plan, and which are required as condition o(' developmeait of the project by t11e City. KCW
82.02.060(3)
_ An ordinwiee imposing impact fees shall also includc a provision whereby the fEe tu be
unposecl o❑ a particular developincnt allows consideration oi'a study and data to atijust the fee it
the data shows that it iS warranted in thal particularized situation. RCW 82.02.060(3) -(4)
As witli otlier measures foe mitigatinz impacts of devclopmeni; the fets collected cannot
be used to iiiitigate existinc, deficiencies. Howevcr; RCW 82.02.060(7) cloi:s siate Ihat a local
ordinance providing for impact fecs "may providc for the imposition oi'an impact Pee (or sy5cein
i.mprove►nent costs previously incurred by the county; cicy or town io the extent that new groNvth
aild developiuent will bc scrvcd by the previously c.onstructed improvements provided such fee
sfiall not bc imposed to make up lor any system improvement deticiencies." This appcars to
allow a eity to impose same portian ol° impacl fEes collect:ed f:or previously constructed
improvements. This can only Occur after czretiil study aiid doctunentation to show that the
allocation is directly attributable to ncw gro~xqh. The decision by a city to adopt an oedinanec allowing for GMA impae[ fees shc?uld he
made af'ter laking into consicleration the anticipated costs of dcvcloping a comprehensive
baseline study nt existing facilities to ascertain what transportation improvcments cLre recluired
and the cost of ehose requireme.nts. This tyne of coitiprehensive baseline study is fime
eonsuming, cxpensive; and wark intensive. The City can then identifj, new or upgraded facilities
needed to aeeommodate grovvth and pul them into the city's capital facilities plail. T'lie projeet
costs for all such prqjects in the particular 7one are calculated, llie use allocated to the general
public is subtracted, and this provides the per-unit impact feE to be appliEd to new develapment.
The Following are some cammon assertions both for and against imposition of impact fees:
•
5
Argtlmerlls riaude hv actvocates of'in:paci 1ees:
- F_.nsures that new dcvclopmcnt will pay its f'air share (or at leazt a share) of
infrast.ructure develnpment costs. Impact fecs will not pay the total cosl al'new or
expanded facilities. Oiic cummunit_y rOughly estimates chat impact fees covered
only about one-third of thc costs of providing services, with the remaininc, two-
thirds of the cost being met by praperty taxes, user fees, sales taxes and other
sourccs.
- Cases pressure on thc community's ather financial resources_
- Provides a politically acceptable alteriiative to propcrty taxcs. Grmvth may bc
more politically acceptable when irnpact fees are impoSGd hECauSF rESidEnlS
perccive that new home buyers will pay fbr their own Services.
-Avoitls de 1'aeto n7orziloria oii devEJopment that result from tax and debt limits
on local gove.rnrnent.
- Provides revenue exclusivcly earmarhect for intrastructure. Where lhere are
concurrcnc_y requiremcnis; may allow developers to proceed with projects instead
ot'waiting fc>r public faeilicies to be constructed at some future date.
- Correctly calculated impact fees assess the developer only for the cost of
providing infrastructure for the ne«r cievelopcnent. 17evcloper will know the cost
ul) fi-ont, and have a better chance of obtaini_n~ i~~.nZiicing.
- A1lows local government to commit to cnnstruclink public facililies in a planneci
and systematic rnanner Sinee a CIP is required l:or tee impos-ition. Tn Wa.Shinj on
State this is mUre a funetic>n c>f lhe GM.A. '
Argtmrerrts matele hy ('~j?p 0„nents of Inrpcrcl Fees:
- Itifrastructure is ihe re,,ponsibility of the community as a whole, noi new
development alane.
- Bec.ause impact fees are based on the costs of improvements, and not ahility to
pft)', thG}r are inherently regressive. Some aTgLIE, lhcll wC al'E 1170\'][lg lUwaCdti a
society where tliose who can pa}, will receive socictal bcncfits, and thosc who
cannot pa>> will gradually be shut out.
- F1dverse impact on housing affordability. Drives up the market price of both new
and e:xisting housing.
- Impact fees may be used to further no-gro«qh objectives.
6
- 13y carmarking impact fees revenue, 14Ga1 gbvernment5 lose {lexihility in
financing capital and other expenditures. Legally; however; there is nat much
choice.
- - Impact fees have potential for abuse by government unless limited hy carefully
crafted legislation.
-[i'one jurisdietion has impacl fces anci adj0ining are.at ao not, developmenl may
be displaced froin one area to another.
- The admini5tration of impac[ fees (calculation, assessment, coUection, track_ing,
refundinD, etc.) may be expensive, complicated a.nd techn.ical.
C. State Environmental Yolicy Act - RCW 43.21C
The State Fnvironmental Policy Act (SEPA), Washinglon State's rnost
funclamenti►1 env'►ronmental law, was enacted in 1971 As chapter RCW 43.21C. SEPA's basic policy of maintaining and improving environmental quality is implemented primarily through
exlensive prqcedural requirements desiknecl w insure lhat aovernmental agencie.s give proper
consideration of enwironmental matters in rnak.ing decisions on action5, whether proposed by
privzte pairties or the govenunentAl entities theniselves that mz}° impact the environment.
If initial governmental review of a pruposeel action indicatcs that the action will have
probable and sibnific€int adverse environmencal impacts, preparation of a detaileci cnvironmental
impact statement (LIS) will bc required. Thc proeedural requircments guverning this
environmental revie•tiv process are coniaineci in regulations enacted by the Dcpartrnent of E-colugy
in WAC 197-I 1.
SEPA grants local jurisdictions wide-ranging authority to impose mitigating conditions
relating to a projeet's cnvirorunental impacts. Nlany citics have intcrpreted SEPA's authorit}, to
mitigate environmental impacts to incJucie authority to impose impact fees tca pay for the
mitiaation of aeiverse traffic iinpacts. A city or cnunty subject to the Gro~%q.h Management Act.
must have a separatc t.ransnortation conctirrcncy ordinanee, but may use SILPA and other existing
nrdinances lo implemenl concurrency as well.
Although RCW 36.70A.070(6)(b) requires lacal jurisdictions subject to the GMA to
aciopt and eni'orce transportalion concurrcncp ordinances; the statutcs arc not specifie about the
tppe of ordinance necessary to implecnerit concurreilcy. Many cities are adopting separatc
conctu-rency ordiiianecs to implement thcir concurrency program, but a few are relying primarily
cm SEPA.
.jurisdiction chooses to implement concurrency throubli its SLPA
Whcther a local
regulations or anokher part oi' its code, the develc>pment regulations should include spec.itic
conc,urrcncy •language tllat proliibits developmealt whe►1 level of service stuidards for
transportation fac.ilities cannot be me.t. See RCW 36.70A.070(6)(b).
7
But; a municipality piu-suing this coLursc must e'stablish a praper fowldation. As with any
dcvelopmcnt exaction, local SEPA policics authorizing the excrcise of SEPA substantivc
authority must be adopted alld fees iniposed must be rationally related to impacts identified in
threshold detenniiiation documents (primarily environmenwl theck.lists) or environmental .
impact statements. Fees collected under SCPA may not duplicate fees collected under other
SOUI'CeS Of allt}lOClt)'.
D. Voluntar-y Mitigation Agrecmcnts - RCW 82.02.020
Under 32.02.020, a city can enter into voluntary impact mitigation agreements for
payment of fccs to mitigate a direct impact that has been iclentitied as a consequence of a
proposed dzvelopment (fce rnust bc rationally rclatcd to the identified impact). Yayciient of fees
under a voluntary agreement can bc in licu of a rcquiremcnt to dcdicate land for public pttrposes,
or cn pay fiar mitigatinj a direct impact of a development. 'I'he tcrm "payment" has also been
cUnstrueci to include the construction of street improvcments and install tire safcty ec{uipment
improvements. See. Sorith►vic.k, Inc.., v. C;ity qfLacey, 58 Wn.App. $86 (Div, ll, 1990).
The perniitting agency must be able to establish ihat an impact fce collectcd pursuant to a
voluntary agreement is "reascmably necessary as a direct result of the praposecl development or
plat." runds collected under valunt:ary agreements must be helc3 in a reserve acenunt and
eapended on agreed upon capital improvements. Fees must also he expended within five years
or be refuncled with interest.
The best exaniple we have in Our City Of' such voluntary mitigatian agrr,ements is the
['ines/Manstield Volunt.ar}, Mitigation Akreemenc approved by the City Cqunc.il in February,
2005. The impacts of develapment ti-om a number of developers were iaentitied thrOugh a
study, a proposed mitigation measure was then iclentifed in conjunction with the variOuS
,jurisdictions (city, County and statc), and an agreement was negotiated and approved by the
parties.
E. Local 'Cransnortation Act - NCW 39.92
"I'his one Nvill only bc briEfly mcntioned. Jn csscnce, this is a separate statutory prOviSiqn
for impact. fees exclusively for transportaticm infraslructure needs. The LTA imposes oiher
nrocedural reyuiremencs than are found under the, more general GMA impact fces undcr RCW
$202_050-090. The LTA reyuires numerous minimum stanclards for the assessment of the fees,
such as requirements for calculatiou of tlie fees, and for the provision of appeal rights for land
owncrs on the calculated fee amount, authorized uses 1=or the fees collected under the [ TA, and
requireme►its for crediting developers for payment nf other fees ana dedicalions made in the
development proccss.
F. Statt Subdivisian Act -1ZC'W 5817
Washington's statewide SUbd1V151011 Act is contained in RCW 58.17., which gqants
authorily to local jurisdicticros to impose reasonable conditions on the approval of subdivisions.
Specifically, RCW 58.17 110 provides authority f'ar lacal jurisdictions to reyuire the dedication
8
qf lancl, or the construction of publie improvements to serve the subdivision. Any eonditions lhat
are impbsed by a city must be for the following purposes: open space, drainage; 51dewaII'.S,
screet5/acller public ways, transit stops, water, scwee, parks and recreation, or schools.
RCW 82.02.020 prollibits taxes, fcES or charges on dcvelopment, hut sPecifically
eaempts those imposed "within the proposed plar" sc> lcmg as lhe. Iocal liennittinb agency can
show that the exactions are "re.a5onab1y nE,cessary as a dixect result oi'the proposed subelivision."
RCW 82.02.020. In reaciing RCW $2.020.020 and RCW 58.17.1 10 toget.her, local permittina
agencies ean reyuire a subdivisicm developer lo dedicate land,ior streets, parks, open space and
other improvemE.nts within the praposed subdivision if it r.an be Showm that those impraveinents
are necessary to serve the actual needs o(' the proposed development. The showing oF actual
need can be accomplished in the SFPA analysis, which looks at the anticipated impacts to the
natural and built eoviromlients t.hat would result froni the proposed project.
G. I..ocal improvemcnt Districts
When z capital project is coing to provide a benefit that primaeily or wholly bcnefits only •
a stibsct of citizcnry, an L117 can be formcd as part of the prcljccL Commonly used t=or projects
such as street improvements, street lighls; siciewalks, \Vater and sewer sysfems, and undergrc)und
ppNver lines.
Pronert~~ ~vvners may pet.ition to forni an L1D, or council can pass a resolution of intent to
form an L[D - which cuay be blocked by property owners pzying 60% of the cost Once an
infrastnicture need is identified,, then an analysis can be performcd as to an appropriate fix. An
ana!ysis Nvould then need to be performecl that would show all the benefited properties. This
wOuid ideniify the parameters ol'the improvement distrir.t. Properly owners ean pay iheir share
up Fi-ont, but noi-nially T_:1Ta bonds are i5sued to pay at least part of the project cast. Fach
property owner's assess►1ient is equal to the special benefit received by that property.
1?roperty owners itiake a yearly payment into a:n Ll1) funci which is used to pay the
principal and interest on debt. lf a propeirty mmier fzils to n»ke two Uroperty assessilients in a
i=u11 and timely manner; the city must commcnce forEClosurc proccedings. The city's LlU
gu:iranty fund is used to cover bond p.iyments; ihis 1"Lmd is replenished through foreclosures.
Undcr no circumstances can bondholdcrs collect frocn the city's ceneral fiind revenues, unless the
city so stipulates. L1U bonds are not general oblip-ation bonds that are backed by the fiill faith
and credit of the city.
The City Would need to adopt an enabling ordinance spelling out the process. The
aSSeSSmGrlt and imposition of fecs on a property can be very contentious. Nearly evcry LID
project should anticipatc fiaving propcrty owners who object so strongly that the Gity will be
forced to foreclo5e on their property in order to collect the asscsscd amount. Staff has
considerable detail on hoNN, I IIaS can be implemenlect in the event the Council desires more
information.
. 9
d -I S QT}' U
O~l
le
p
V.
1.1ey
4000 11707 E Sprague Ave Suice 106 ♦ Spokane Valley b'JA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: City Manager David Mercier and Members of Council
CC: Nina Regor, Deputy City Manager -
From: Morgan Koudelka, Administrative Analyst
Date: September 13, 2005
Re: Review of 2004 Contracts
SPokane Valley currzntly utilizes Mo diffcrcnt types of'service contracts with Spokane County.
The City and the County have fiiushcd reconciling all 2004 c•ontracts and a summary is provided in
tliis memorancium.
Pay-As-Yau-Go Cvntracts 1
. Pay-as-you-go contracts are service agreements iu which the County utilires a pre-detemuned cost
ratc for the labor and materials provided. For eYample, the Jail has an hourly rate for housing and
a fee for each bnoking processed. "1'he tablc below shotivs the diff.erence berivccn what the City
budgeted fQr lhese contracts i.n 2004 and what the actual easts wer.e for the year.
2004 Pay-As-You-Go Contracts
Budgeted Actual Difference
Gei er 48,000 116,270 68,270
GIS & PLUS 120,000 109,763 10,237
Hearin Examiner 40,000 34,113 5,887
Ju Mana ement 5,000 7,956 2,956
Jail 210,000 267,854 57,854
Probation Services 30,000 30,482 482
Street Mainteneance 2,120,000 2,293,472 (173,472
Stormwater 120,000 9,229 110,771 Engineering Svc.' 400,000 154,887 245,113
Total 2,885,000 2,763,879 121,121
' Street Department Only
f , .
~..i '
Review af 2004 Cantracts
Septembcr 13, 2005
Yagc 2 of 3 -
• i
Seftle-ancl-Adjust Contracts
Settle-and-adjust contracts are service agreements in which the County estimates the annual cost
for providine the service to SPokane Valley and subinits hvelve equal invaices throughout tlie year
that, when added togettier, match the total estimated ainount for the year. Several inonths after the
end of the year; when the act-ual costs for the contract year are known, the City's actual chargc for
the service provicled is reconciled to the estimated aniqunt paid during the cnnlract year.
The main differencc for scttle-and-adjust this ycar is the manncr in which overheacl costs were
applied. Previously; the count), used overhead costs from hwo years prior to the cpnti-aet year to
deYernline overhead rates for use in the current contraccs.. Includeci in this calc;ulation ~vas a roll-
fanvard amounC in which a ciifference behween t11e estimated and actual 2002 casts was applied to
the amnunt to be used f.'or 2004. The City did not feel that it was appropriate to be charged for a
2002 roll-fonward since the City was not in existence then.
Additionally, because of tlie v,,ay the overhead rates wcrc bcing applied, the City was not getling
credit far. the entire overhead amaunt it was paying and woulci be charged a reconciliation amount t~vo years in tlle Cuture of which it had already paid. ` As a result of these issues with overhead application the County and City agreed ta ehange the way
overhead is applied. Both parties havc agrced to wait until July of the year ['vllpwing the contract '
ycar before calculating settle-and-adjust. By waiting tintil July, the actual averhead costs for the '
prcvious year will be availablc from the Cotulty's cost consultant, thus ensuring that the City is
paying its accltrate share of costs.
The diff'erence between the County's estimated service costs for Spokane Valley and the actual
City costs for the year 2004 are shoNvn in the table.below.
2004 Settle and Ad,just Contracts - Co. Estimated vs. Actual
Contract Estimated Actual Difference -
Animal Control $ 398,312 S 375,137 $ 23,175
District Court 655,756 664,134 8,378
Emer enc Srvs. 61,376 60,123 1,254
Law Enforcement 11,766,772 11,773,641 6,869)
Parks 846,732 734,909 111,822
Pre-Trial 28,847 34,652 5,805
Precinct Maint. 36,217 52,032 15,814
Prosecutor 274,633 291,075 16,442 .
Public Oefender 269,277 306,417 (37,140)
Total $ 14,337,922 $ 14,292,119 $ 45,803 _
A char;e for the Dislrict Court contract -vvas discovered dttring the course of review that the City
believes to be erroneous. The Cit3, expects to reeeive a credit for this charge but this had not becn
finalired by the County at the time this memorandtun was submitled. Spokane Cotinty awes the
City $45,803. The differcnce bctwEen what the CiCy budgeted for thcsc scrviees and wliat the
Review aC20QA Contrflcts
Scptcrnbex 13, 2005
Yage 3 of 3
achial costs were is $47,394. Altlioug,h this dif ference is very similar to the difrerence bet-,veen
estimated and aetual costs, tlie variations by conlract are mucli di.f.feretit. Changes that have been
madc to cost methodologies will help to dial in accurace estimates in ttie future.
Some oFthe settle-and-adjust contracts are able lo track actual labor and materials costs for
Spokane Valley. Most, howcvcr, track the City's percenta;e of usage through case ar incident
track:ing. The City's usagc perccntage is then applied to the total County costS for the set-vice
being utilized by the City. For the services that utilize a usage percentage a summary is provided
below.
Animal Contral - $375,137 '
■Aetual SV usaae was 49.24% comparcd to estimated usage of. 48.73%
District Gourt - $664,134
■ SV pays share of nusdemeanor/infraction costs nnly
■ AcniRl SV usage in 2004 was 20% compared to 19.31"/o estimated usage •
Emergency Services - $60,123
■ SV is 19.13% of the County population aiid tlus inatchcd the estimate.
Law Enforcement - $11,773,641
■ SV deputy wages; telephone, and fiiel costs arc trackecl separately ,
■ Direct costs, suppnrt units, and dcpt. administralion are allocated by SV H"IT%, 42.65%
which matches the estimated FTF gercentage.
■ i aw Enforceinent Support Units (T.FSt) allocated by percentage of SV Gases, 48"/o which
matches the estimated percentage.
Pre-crial Services - $34,652
■ Actual SV u.sage in 2004.was 28.37% oF misdemeanor cases compared to 40% estunated
usage
Prosecucor - $291,075
• SV used 28.39% of misdemeanor resources aiId 1$.56% of i.nfraction resources and th.is
compares to 26.42% and 18339% estimated usage in each respective area.
Public iaef-euder - $306,417
r' ' , ■ SV used 33.46% of misdemeanor resotirces and this compares to 31 % estimated usage
rlTl' t>F'
po.~5xie
;OOValley
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ citytia(l@spokanevalley.orP,
Memorandum
To: City Manager David Mercier and Members of Council
CC: Nina Regor, Deputy City Manager
From: Morgan Koudelka, Administrative Analyst
Date: September 13, 2005
Re: Spokane County Contract Approval (Update)
The draFt mociel agreements, to be utilized for service agreements between Spokane County and
Spokmie Valley, were previously presented to Cotuicil at the Augiist 9, 2045 meetuig.
Sinee that time, the County staff has drawn up draft versions of individual agreemenls. City staff
has reviewed the draft agzzements and responded to the County with suggested revisions. County
aud City staff liave reached agreeme.nt nn most items.
A few items remaiu outstanding at lhis time and must be resolved bEfore final draft agreements caii
be presented to Council for review. These outstanding ilems are listed below. .
General
l.) Assurancc Clause - Tlie County has removed the assurance clause from the agreements.
This clause states that no other city or town ~vill receive more favored treatinent ui the
receipt of services Crom the County. This item has bccn added to the agenda of the joint
CnuncilBOCC meeting scheduleci for September 29, 2005. 2.) Report Definition - The inodel agreements include boilerplate language for the definition
oFreport. Reports arc used to cleterinine Spokane Valley usage. The boilerplate ]anguage
inciic.ates that report is the Spokanc Coimty geo-coded analysis report prepared by the
SPokane County SherifPs Office. E-ach departtnent has different reports aud we have
requested that each agreement have a report definition specific to the departrnent providing
the service.
Disrrict Court
1.} Initial Charge - T11e City iS requesting revisian of language that states the City will be
charged for cases wherc the "initial" charge is a misdemeanor, gross inisdemeanor,
infractiou, or violation nf city ordinance that oceurs within Spokane Valley. lluring the
course of arrest or incarecration a more scrious offense can be applied to the subject in
questian. '1"he alore serious offense would supersede the lesser off-ense, and may remove it
from Spokane Valley's purview. The jurisdickion responsible for the most Serious of~'ense
is also responsible for the corresponding court costs.
Spokanc Coirnty Contract Approval
Septe.mber 13, 2005
Page 2 of 2
,
2.) Dispute Rcsolution - The current language takes a different approach to dispute resolution
fYam the othcr contracts. 1 he City has requeSled that it be consistcnt for all service
agreements.
Jurv Nianapement
l.} Llirninate Agreement - The Superior Cotu-t ciirrentlp bills ttie District Court for jury
services. It appears the mechanism eYists that will allow the Cit}, to pay f.or jury
ma,uagenlent through the District Court contract. The County is currently exploring this
option.
Prosccutor
1.) Luid Use a.nd Ani.mal Ccmcrol Ca.ses - The eurrent language splits out land usc and animal
control cases iuto a separate cost methodology. The City has requested that these cases be
rolled 'ulto the sanie methodplogy as ather cases and billed out in the same manner.
2.) Initial Charge - This is the sarne issue that is addresseci in the Dislrict COurl Seclion above.
Public Defendcr
1.) Juvenile Kepresentatiott - T}le cutTent language seems lo indicate that all juveniles are
cntitlcd to public defender representation a.nd do not bave to qualify as incligent, as adults ~
must. The City has rcquested clarification on this issue. 2.) Enhanced Services - Thc ctirrEnt language allows for separate billing for additional deputy
public ciefenders in the evcnt of an emcrgcncy. 1"he City has inquired if ttiis is necessary
since the additional costs would be reflected in settle and adjust.
G.r.S
7'he City and County TSD are currentl_y trying to incorparate the GIS agreement into the model
agreerlient fonliat.
JaiUGcigcr
The City has met with the Coiulty cost allocation constiltaut and they havc agreed to look irrto
converting these agreements into settle and adjust agrecmEnts. City and County staff will continue
negotiating these agreetnents.
As the above issues arc resolved, final drafts of the individual agreements will be prescnted to
Council for revietiv.
Attachments (2): Model Agreement 4A '
Model Agreement 4B
MODEL AGRFEMENT 4A
Return to: ])aniela Erickson, Clerk of the Board
Boartl uf County Commissioners
1116 W. R rqadway
Spol:ane, R'ashinston 99260 ,
Il~'TE-RLOCAl, AGREEMEr~T FOR SFRVICES
1N THE CI1 Y OF SPOKANT: VALLEY (.Taauary .1., 2005 1)ecember 31, 20057
THIS AGRFFWiNT, niade and enteretl into by and behvecn Spc►kane County, a
pal.itical subdivision of the Stale oP «Taslungton, having offces for the transaction of business at
1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY"
acd the City of Snnkanc Valley; a mtuiicipal corporation of the StatE of Washington, haviug
offices for the transaccion of business at the Redwood Plar.a, 11707 East Sprague Avenue, Suite
106, Spokane Valley, Washinglan 99206, hereinafter referred to as "CITY," jointly hereinatterreferred to as the "1'ART'fES." The COLNT'Y and C1IY agrec as follows.
SECTION N0.1: f2:N;C'1TALS An7D F7.N])INGS
(a) lhe 13oard of County Cammissioners of Spokane County has the care of COtJNTY
propcrty and the management of COU'vTY funds ancl business under 1ZCW 36.32.120(6).
(b) Couiities arid citics may contrnct -vvith each otlier to perform c:ertain fi.uictions which
each may legally perfarm under chapter 39.341ZCVV (Interlocal Cooperatiori Act).
(c) Ptusuant to the provisions
nf (d) Thc City of Spokane Valley desires to utilize the services of Spokanc County for the
purpose of
•
Yagc l of 10
MonEL AGIZEEME1vT aA.
SFGTIOV NO. 2: DEFINITIONS
~
(a) Aareement. "Agreement" means this Interlocal Agreement beCween the CIT`Y and
COLNTY regarding Services.
(b) C.TTY. "CITY" mcans the City nf Spokane Vallcy.
(e) COUNTY. "COLTN'I'Y" means Spokane County.
(d) Maintenance a.nd Operatians. "Maintcnance and Operations" and "Ni&O" shall
mcan (1) ttiose class codes (3000-5999 atid 7000-9999) useci by Spokane County ui its budgetary
process as prescribed by the BARS manual adopted by the State of Waslungton iuider chapter 43.88
RCW so long a,s such expenditures are directly attributable and proportionate to senrices rendered
to CITY iuider the terins of this Agreement.
(e) Services. "Services" means those services idEntified in Exlubit 1.
(f) Coinpensatinn. "Compensation" means that methodnlngy set f-brth in Ea:hibit 2
used to establish the amoimt of money -wfiich the CITY will pay the COLJN'I'Y for
providing Services.
(g) Capitallmproveinent. "Capital ImprovemcnY" shall mezn any expeildi.ture o.f:
$2,000.00 or more. Any such eapenditure Aill be coded as provideci For in the BARS-
manual adopted by the State of Waslungton under RCVV 43.881.
(h) Uncontrollable Circumscances. "Uncontrollable Circunistances" means the
following events: riots, wars, civil disturba.uces, insurreetions, acts of terrorism, exteinal fires
anci flAOds, volGanic eruptions, IighCning or earthquakes at or near where the Services are
performed and/or xhat directly affeet providing of such Services.
(i) Report. "Report" means the Spokane County Geo-Coded Analysis Rep4rt
preparc;d by the Spokane County Sheriff's Office.
SFCTIQN NO. 3: YURPOST
The Purpnse of ttus Agreemenl is to reduce to writing tlie PAR'TIES' uiiderstanciing a..s to the terms
and eonditions under wiuch the COUN1"Y will provide Services on behalf of the CI"I'Y. It is the
uitent of the PAR7"I:ES that Services to be provicled by the COUNTY Nvill be consistent with the
CTTY'S Council/Manager fonn of government provided for in chapter 35A.13 RCW.
SECTION NO. 4: .DUI2.41IOT7lWITHDRAWAL
This Agre;ement shall cociunence at 12:01 A.M. on January 1, 2005; aild run tluough 12:00 P.M.
llecember 31, 2005. ~
Page 2 uf 10
MODEX. A.G:REEMENT 4A
F1t the conclusion of the uutial tcrrn, this Agreement shall automatically be rene-vved from year to
year therea,fter effcctive January l S` to laecember 315i' AJl renewals shall he subject to all terms and
wndi.tions set forth hercin except for Fxhibit 2.
T11e PART]ES recognize it highly unlikely that Lxlubit 2 setting forth the estimated costs for each
ycar's Services vv711 be available at the start of any renewal time &ame. Accorduigly, until a new
Fx.hibit 2 has been preparcd and agreed tn between the Pt1R71CS, the PARTI.FS agree that the
COUN1'Y will bill the CITY aad the CI'Y Y will pay the COiJNTY at the same monthly payment
rate used for the prcvious year. Upon the Pr1RTIES ageecmcnt on a new Fxllibit 2, the CITY and
COLTNTY NNzll reconcilc payments to date under the preN4ous years payment schedule -vvikh the new
payment schedule. Any underpayment t'nr any Services A1ll be due in the first payment due
follovving reconciliation. Any overpayment for a.ny Services vvill be credited to the first monthly
payment due ('ollowing tlle r.econciliation. Thc PARTIE•S agree that no interest sha11 be oLVing by
either Party to the othcr Party for any overpayment or underpayinent dctermined as a re.sult of the
reconciliation.
Any Party may withdraw at auy tunc from this Agreement f~or any reason whatsoever upon a
minimum of 180 days written notice as Provided for ui Section 7 to the other Party.
SECTION NO. 5: COST OF SERVICF_.S A,i PAY1ENI5
The CITY shall pay the CO[.JNTY the actual costs for Serviccs provideci undez dus Agreement.
The escimated cost for 2005 Serviccs under this Agreement shall be as set forth in Exhibit 2,
attachcd hereto and incorporated hereui by referencc:
This methodoingy uses the last sir (6) months oF Report numbers for 2003 and first six (6)
months oF Report numbers for 2004 mid avcragcs them for a twelve (12) inonth timc frarne. "lfie
rESUlting number is used a.s a basis to estuiiate the 2005 cast of Services. The COLN rY CLO shall advise the Cl I Y Manager as soon as Possible of auy anticipated or unanticipated capital
improvement eosts that arise during the contract period. r1ny such capital improveiiient costs shall
be wnortizeti ovec the useful life of the improvement, and the increascd cost in the Agreement
resultuig from the improvement shall be calculated by the Parties in the settle anci adjust period
fallowing the contract terni. tlny capital imnrovement for Which the COUNTY seeks
reiaibursemcnt from the CITY must be necessary to fiilfill the requirements of this Ageement]
E
At the end oF the calendai• year, usuig the methodology set forth in Ex.l>jbit 2, the PAR1"IES shall
apply the actual expenditures and the actual usage percentagc to determine the final cost. It is the
PARTIES intcnt that any adjustment take place as sooii as possible and accord'uigly Aill use their
respeetive best efforts tn timely prepare, disseminate and revietiv all expenditure documentation.
The CITY vvill have siYty (60) calcndar days from its receipt of die expenditure documentation to
provide the CQl,1`N'T`Y Nvith any Nvritten nbjections(s) to such documentalion. The written
~
objcction(s) must speci-fically identify the eYpendihirc(s) in question. The COUNTY agees to
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Page 3 of 10
MODEL AGREEMENT 4A
consider all writtcn objections received fi-om the CITY Nvithin thirfy (30) calendar days of receipt of
the objections(s). In the event that the YARI1LS cannot mutually resolve any written objection(s)
submitted by the Cl'1'Y vvith.in tlie tbirty (30) calendar days timE framc, or stich other tune frame as
the Pt1R'IIES may mutually agrec, the objectioiis shall be resolved pursuant to the .Iaispute
R.esolution provisions sct forth ui Section No. 17. Pending resolucion of the objections(s), the
PARI'LES agree that the CTTY shall pay lhat portion of the bill that is uudisputed.
To the extent that the CIT"Y was qver billed in any ycar and the Agreement is still ui effect, the
COUNTX shall credit the CI'I'Y for such overpayinent ui the next montlily payanent o~%-I1ing by Cl1e
CTTY. Providcd; hoNvever, ui the event the Agreement is terminated at such time that the
overpa}ment is deterniined, the CQtJNTY shall reimbursc the Cl"rY for alip overpayment withi.u
thirty (30) calcndar days. '1'o the extent that the CITY was under billed in any year anci the
rlgrEement is still ui effect, the CTTY shall reimburse the COUNTY for any under payment in the
next month(y pa}ment ovving by the CITY. Providcd, however, in the event the Agreement is
ternlinated at such tiuie that the underpayment is determineci, the CITY shall reimburse the
COWi TX for any underpayment within thirty (30) calendar days. Either 1'arty may at its sole
option charge intcrest on any overpaynient or underpayment based on lost inleresl eaming had the
-unotuit deternuned due been iilvested in the respeclive PARTIES investment pool at the end of thc
thirty (30) day time f_rame provided for hereinabove to the date of payment.
A.ny resolution of a disputed acnourit t!u-ough use of the arbitration process identified in SeeCion 17
shall include at the request of either PArty, a detennination oF whether interest• is apprapriate,
including the ainount. ,
1"hc COLTNTY will bill the CiTY f'or the cost of serviccs as outlineci, inonttily, by the 15`t' of the .
month. Mcmthly payments will be calculated by divid'ulg those aitnual cosCS set forth herein above
by nvelve (12). Payments by the CITY will be due by the 5"' day of the following montli. 'rhe
COUNTY, at its svle aPtion, may charge interest on any late payinent calculated on any lost interest
earning had the amount due been invested since the date due to the date of pa}mlenl in the
COLTNTY's uivestment pool. SFCTION N0. 6: RE-LA"C'ED )2.I:SPOIVSiRTLITIES IN CQNJUITCTION VVITH
. PKO V[DTNC SERVICES
The COi.JNTY or its designee 1g-ees to attend staftmeetings as requcsted by the Cl'I'Y Manager.
"l'hc COUNTY or its designee agrees to meet upon request by the CITY Manager or his/her .
ciesignee to discuss ariy Service prnvided un.der the terms of this Agrccment.
The CITY agrees the COUNTY may use the COUNTY'S stat.ionery un conjuncCion with provicling
Services under the terms oFthis Agreement.
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Page 4 of 10
vIODEL AGRF~EM:ENT 4A
~ ~SFC7ION ni0. 7: n70TTCN;
All notices or other communications given hereunder shall be cieemed given on: (1) che day such
noCices or alher communicatipns are received when sent by pezsonal delivery; or (i.i) the tltird day followuig tlie day on which ttiE sacnc have been mailed by first class delivery, postage prepaid
addressed to tlle COUNTY or the CI7'Y at the address set forth below for such Party, or at such
other address as either Party shall from time-to-time designate by notyce in writing to fhe other
Party;
COUNTX: Spokane County Chie.f Fxecutive Of-ficer or his/her authorized
rcpresEntative
1116 West Broadway Avenue
Spokane, Washingtan 99260
CITY: City of Spokane Va11ey City ManaDer or hisJlier authorized representative
Redwpod Pla7a
11707 F-ast Sprague Avenue, Suite 106
Spokanc Vallcy, Washington 99206
SECTION NO. 8: RtiFORT'ING
Ttenorts - The COUNTY shall provicle the CITY with reports documenting actual usage under tlus Agreemenk. The Parties agree that the tenn.inology "reports dacumenting actual usage" means ihat
type of informatian providcd by the COUNTY to the CI"1"Y in the 2004 agreement for Services.
An upclaied report shall be subnutted quarterly unless othenvise mutually agreed by the Parties.
Such reports shall be in aformat as mutually agreecl to betNveen the Part7es. The content ancUor. '
format for such reports may be changed from time-to-time by written agreement bet-veen CITY and
COUNITY staff.
Records Review - The CITY shall be allowed to conduct random reviews of the recorcis generated
by llte COUI~~'TY i.n performance of t;hi5 Agreeinent. The CITY will prnvide the CO[7NTY vvrith
reasonable advance notice of the records reviews. The Parties agree that they Nvill make best effbrts
to achieve a resolution oF any poteniial records confdenliality issues, including entering into
confidentiality agreements or other sinular niechaiusins diat will allow disclosure of the necessary
information to accurately conduct a records review. If the CITY will be dllowed to view only thase
records directly relating to Services provided wltllll CI1 Y's corporate boundaries, then the
COi.ITFTY must keep a log of original clocumenLs used to charge the CITY, and those documents
must have ideutifying numbers or letters so the oriD'ulal source documents can be easily retrieved.
5EC170N N(a. 9: CO[TY'I'ERl'AR'I'S
This Agreement may be executed in any numbe-r of counterparts, each oF which, when so eYecuted
aud delivered, shall be an original, but such counterparts shall togettier constihite but one and the
same.
Page 5 of 10 .
MODEL AGR;~EME, NT 4A
SFCTION NO. 10: A.SSIGNMEN'1'
. , ,
j r
1~0 !'arty may assipi ul whole or part its interest m this . . Agreement Nvithoirt the ~~~itten appro~al af
the other PARTY.
SEC`1'ION \jp. 11: COUNTY LMPI..nYEES
The CO[JNTY shall liixe, assign, retaiu and discipliue a11 employces performing SenTices under this Agreernent according lo applicable eollective bargaining agee,menCs and applicable state and
federal law.s.
The COWi TY agrees to meet and confer with the CI7 Y A1d1 respect to staff that is assiglied to
provide Services. Issues of discipluie nr perfonnance Nvill be specifically handlcd according to
COUiNI'Y policies. .
SFCTION NO. 12: LIABILITY -
(a) The COLTNTY shall uidemnify and hold hatmless the CITY anti its officers, agents, and
cmployees, frpm any and all claims, actions, suits, liability, loss, costs, eYpenses, anci darriages of
any nature whatsoever, by any itasnn of or arising ouc of any negligent act or omission oF tlle
COUi~ITY, iCS officers, agents and cmployees, relating to or aa-ising out of performing Serviccs
pursuant to this Ageement. In ttie evenl that any suit based upon suclt claim, action, loss, or .
damages is broubhl against tlie CITY, the COUNTY shall defend khe sanc at its sole eost and
expense; proviciecl that the CITY reserves the right to participate in said suit if ajiy Principle of
govenunental or public law is involved; aod ik' (inal judgnent in said suit be rendered against the
Cl'1"Y, and its officers, agents, and employees, or jointly against the CITY and the COUNTY and
their re.Spective officers, agents, xnd employees, the COLJNTY shall satisfy the same.
(b) The CITY shall indem. nify and holci harmless the COUNTY and its officers, age.nis; and
employees, from any and all claims, actions, suits, liability, loss, costs, expensES, and damages of
any nature whatsocver, by any reason of or arising out of any neEligent act or omission of the CTTY,
its officers, agents and elnployees, relati.ng to or arising out of perfornning Services P«rsuant to this
flgreement. ln the event that any suit bascd upon such claim, action, 1o5s, or dacnages is brought
against the COUN'I`Y, the CITY shall defend lhe same at ics sole cost and expense; provided that
ttie COUNTY resen~e.s the right to participatc ui said suit if any principle of governmental or public
la,w is involved; and if final jucigrnent ui said suit be rendered against ttie COUN"I'Y, and its
officers, agents, and emplnyees, or jointly against the COUNTY ancl the CI`I'Y and their respectivc
officers; agents, and emplayees, the CITY shall satisfy the samc.
(c) If the comparative negligcnce of the Parties aiid their officers a.ud employcc;s is a cause of
such daiuage or injury, the liability, loss, cost, or eYpense shall be shared berivecn the Parties in
. proportion lo their relative degrce of negligencc and the right of indemnity shall apply to such
proportion.
,
Page 6 of 10
MODEL AG12EFVIENT 4A
(d) NVhere an officer or employee of a Party is actuig under the direction and control of the ather
Party, the Party directing and controlling the officer ar employee in the activity and/or oinission
giving rise to liability shall accept all liability i'or the other Party's officer or employee's
ncgligence.
(e) Fach Fa1-ty's duty to indeninif.y shall stuvive the termiilatiou or eapiration aP the Agreenient.
( fl The foregoi.n- uidcmnity is specif cally intEndeci lo c4nstitute awaiver of cach Pau-ty's iminunity
under Washington's I.ndustrial Tnsurance Act, chapter 51 RCW, respecting the other party only, and
only to the eYtent neccssary to previde the indcmnif ed Party with a full and complete indemnity of
claims made by the iudcmnitor's emplnyees. Thc PARTfFS acknowledge that these provisinns
Nvere spccificaliy negotiated and agreed upon by tliein.
(e) The COUNTY and the CITY agree to cither self insure nr purchasc polices of insurance
covering the matters coutained in this Agreement with coverages of not less thau $5,000,000 per
occur.rence with $5,000,000 aggegate lunits ineluding professional liability and auto liability
coverages.
SECTTON NO.13: REI.,A'[TONSHTP OF THE PA.RTT~~S '
, T'he PAK71ES intend that an independcnt contractar relatinnslup Arill be created by tlus Agi-eement.
The COUN I"Y shall be an independent contractor anci not the agent or employee of the CITY, that
the CITY is interested only in the results to bc achieveti and that the right to control the partieular
manner, method and means in which die services are pcrformed is solely wltluu tlie discretion oP
the COUNTY. Any and all einployecs who prAVide Services to the CI"1'Y uncier this Agreement '
shall be deemed employees solely of the COLJN 1 Y. 'I'he COUNTY shall be solcly responsible Cor
the conduct and actions of all employees under this Agreemcnt and any liability that may attach
thereto. Likcwise, no agenC, employee, servant or representative of the C1TY shall be deemed to be
an emPloyee, agent, servant or representakive of the COUiN"I'Y for any purpnse.
SECTIOn' n7Q. 14: vIOIJIFICATION
`L"lus Agreemcnt may be modified in writiug by mutual written ag-eement of the Pt1RTIES.
SFCTTON IVO. 15: PROPERTY ANT) EQITII'Nl'ENT
The Uvvnership of all property ancl equipment utilized in conjunetion vvith provid'u1g the Services
shall remain wi/h the original mAiler, unless speeifically and cnutually agrecd by the PARTIFS to
khis Agzeement.
SEC`IAIQY NO. 1.6: ALL WRITIlgGS CONTAIVFD I3EREIlMBINDING FF.FFCT .
This Agreement contains tenns aiid conditions agreed upnn by the PARTI'E5. The FARTIES agrce
that there are no otlicr understandings, oral or othenvise, regarding the subject matter of this
' Yage 7 of 10 .
vIODEL AGREEM;ENT 4A
Agreemcnt. NO changcs or adciitions to this Agreemenl shall be valici or buiding upon the
PARTIES unJess such cbange or addikion is in N«-iting, executed by the PARILES.
This Agreenient shall be binding upon the FARTIES liereta, thcir successnrs and assigns.
SEC°TION NO. 17: DISPUTE RESOLUTiQN
Any dispute betwecn tlie PA.RTILS w-111Gh cannot be resolved beriween the PARTIFS shall be
subject to u-bitration. Except as provicled for to the contrary herein, such dispute shall fust be
reduced to «ritiiig and considered by the COUNjTY CEO an.d the Cl 1'Y Manager. lf the COIJNTY
CEO anci the CITY iVlanager cannot resolve the dispute it ~arill be submittecl to arbitration. Thc
provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding.
The COUNTY and the CI1'Y shall have the right to designate one person cach to act as an
arbitrator. The hwo selected arbitrators shall then jointly select a third arbitrator. The dccision of
the arbitration panel shall be binding on the PtuZ1TES and shall be subject to judicial review as
provided for un chapter 7.04 RCW.
The casts of the arbitration panel shall be cqually split behween the PARTIES..
SEGTION N0.18: VEN'i1L STLPULATION
Tlus Agreemeut has been and shall be construed as having becn made and delivcred within the ~
Statc of Was6ingcan and it is mutually understaad and agreed by each party ttiat this Agre£ment shall be governcd by the laws of the Scate of Washington both as to interpretation ai1d
performance. Any aetion at law; suit in equity or judieial proceetiing for the enforc.ement of this
Agreemenl, or aup provision hcreto, shall be instituted only in courts of eompetent jurisdiction
-vvithin Spokane County, Waslungtnn.
SECTI0N N0. 19: SrVFRAB1IlITY
'I'he I'ARTI.ES agree tliat if any parts, terms or provisions of this Agrecment are held by ttie courts
to be illegal, the valiciity of the remaining portions or provisions shall not be affected and the rights
and obligations of the k'ARTIES shall not be affected in regard to the remainder of the Agreement.
if it should appear ihat any part, term or provision of this Agreement is in conflict with any statutory
provision of the State of Washington, khen the part, term or provision thereof that may be in conllict
shall be cleemed inoperalive and null and void insofar as it may be in ccm.flict therewrith and this
Agreement shall be deemed to modify to conform to such statutory provision.
SECTION NO. 20: RECORDS
All public records prepared, owned, used or retained by the COUiNTY in conjunction Nvith
providi.ng Services under the temis of this Agreeinen.t shall bc deemed C1TY properiy and shall be
made available to the CITY upon request by the CI7'Y Manager subject to the attoniey client and
Page 8 of 10
MODEL AGREEIIEEN'T 4A attomey work grnduct privilcges set fortli in stafute, court rule or case law. T'he COUNTY vvill
notify the CiTY of any public disclosurc rcquest under chapter 42.17 RCW for copies or vie~Nring of
such records as well as the COUwl'Y' S response thereto. SECTION NO. 21: HEADTNGS -
1 hc section headings appcaring in this Ageemcnt have been iuserted solely t'dr the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deemed to
def ne, liinit nr eYtend the scope or intent of the seclyons to wluch they pertain.
SLCTlON iVO. 22: TIMEi OF ESSENCF OF AGREEMENT
Tinie is of the cssence of this Agreement and in case eitlier Yarty fails to perfonn the obligatiQns
on its part to be perforrned at the N.me fi:ced for the performance of the respective obligation by
the tcrms of this Agreement, the other Fariy may, at its election, hold the other Party liable for all
costs aiid damages eaused by such dclay.
SECTION NO. 23: UNCOVTROLLABLF CIRCUMS 1^ANCES/iNT-POSSIBILITY
A delay or interruption in or failure of perfomiaiice of all or any part of tlus Agreement resulti.ng
from Uncontrollable Circumstaaices shall be deemed not a default under this Agreeinent.
A delay or intenuption in or failure or'per.fnrmance of all or any part of tlu's Agreement resulting
from any change in or new law, or.der, nile *or regulation of any nahirc which renders providing of
Serviccs in accordance Arith the ternis of this Agrccment legally iuipossiblc, anci any other
circumstancES beyond the conteol of the COtJNT'Y Nvtuch render legally 'impossible the
perf'or.mance by the C4iJNTY of its obligations under this Agreement, shall be cleeuied not a
default under ttus Agrecment.
SECTION N0. 24: FIL,1nzG
This AgrEement s11a11 be filed by the County witl1 such office_s or agencies as required by chapter
39.34 RCW.
SECTTON 1Y0. 25: EXFCUT'ION AND APPROVAL
The PARTIE-S warc•ant that the officers esccuting below have beeri duly authorized to act for and
on behal:f of the Party for purposes of cdnfinning this Agreement.
SECTION N0. 26: 11\`ITIATIVES
The PARTIES recognire that revenue-rcducing initiative(s) passed by the voters of Washington
may substantially reciuce lnca,l operating revenue far the CITY, COUNTY or both PARTIES.. The
PA12 rIES agree that it is necessary to have ilexibility to reduce the contracted amotmt(s) in Chis
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Page 9 af 10
1VXQDEL AGRFEIMENT 4A
Agrecment in response to budget constraints resul.king from the passage of revcnue-reducing ~
initiaf:ive(s). If such an event occtirs, the PARTIES agree tn negotiatE in good faith co achieve a
muhially agreeable resolution in a timely fasluon.
SEC°TIQN NU. 27. CnvfPLIANCL WiTA LAWS
The Paeties shall obsen~e all federal, statc and local ]aws, ordinances a.nd regulations, to the extent
that they may be applicable to thc terms of this Agreement.
SECTION N0. 28: DISCI.:ATMER
iLYCe<~ j as otlienvise provided, tlus Agreement shall not be construed in any uian.ner [hat.
would limit either Parly's authority or powers undcr a~~~ crns~.
1N '1N'ITNESS VVH'E1tE0F, the PA.RT[ES have caused this Agrccment to be executed on
date and year opposite their respective signatures.
DA'TED: BOE1R17 OP COUNTY COMMISSIONF.RS
OF SPOKtINE, COUiV'fY, WASHNGTON
PHILLIP D. IIf1RRIS, Chairperson ,
ATTEST:
VICFCY M. DALTON
CL,,kK OF THE B0A.k17 MARK RiCHARD, Vice-chaiinlazi
BY:
Daniela w rickson, Deputy TODD Ml]3LKE, Commissioner
nATED: CITY OF SYOKANF VALLEY:
ATI'EST:
David IVlercier, City Manager
Christine Bauibridge, City Clcrk
Approved as to form only:
Cary P. Driskell, Deputy City Attorney
Page 10 of 10 -
1'IODEL AGRECiVI:ENT 4B
Retarn to: Daniela Frickson, Clerk of thc Board
Board of Coanty Commissioners 1116 `V: Broadway
Spokane, WHShiagton 99260
INTEItL()CAL AGRFE.MENT FOR SERVICES
liY THE CITY OF SPOKANE Vt1LLEY
(January 1, 2005 -December 31, 2005)
THIS AG12E EMEN1, madc and entered into by and between Spokane County, a
political subdivision of the State of Waslungton, having offices for the transaclion of business at
_ 1116 West BroadNvay Avenue, Spokane, Washington 99260, hereiuafter referred to as "COUN'1'Y"
' \1 a~id the City of Spol:ane Valley, a municipal corporation oF ihe State of Washuigton, having
offices for the transaction of businESS at the R.edwood Plaza, 11707 East Sprague Avenue, Stute
106, Spokane Valley, NVashington 99206, hereinafier re.f.erred to as "CITY," jointly hereinaftcr
reFerred to as the "PARTIES." The COUN TY and CITY agree as follows.
SECTIQN N(J. 1: FtFCTTA.LS t1ND FIlVll1NGS
(a) The Boar.d of County Commissioncrs of Sgokane County has the care of County
property and thc management of County Punds and business uader RCW 3632.120(6).
(b) Counties and cities inay contract with each other to perform certain £unctio»s which
each may legally perform under chapter 39.34 RCW (Interlocal Cooperation Act).
(c) Pursuant to the provisions
of
• (d) '1'hc City of Spokane Valley desires to utilize the services of Spokt9nc Colmty for the
purpose of
J •
Page 1 of 10
MODEL ,4GREEv1ENT 4B
sEC11oN No. 2: nEFmrrriONS , ,
(a) AQreement. "Agreement" means this Inlerlocal A~'eement bet4vecn the CITY and
COUiNTY regard'uig Services.
(b) CITY. "CITY" uieans the City of Spokauie Valley.
(c) COUNTY. "CUUNTX" mcans SPc>kane County.
(d) Maintenance and Opcrations. "ivlaintenance and C1perations" and "NQO" shall
mean (t) tliose class codes (3000-5999 and 7400-9999) used by Spokane Cpunty in its budgctaey
pr4ccss as prescribed by the BARS manual adoplecl by the State of Washington under chaptcr 43.88 ,
RCW so long as such eapenditures are directly attributable and propartionatc to services render.ed
to CITY tuider the terms of this Agreement.
(e) Services. "Serviees" means those scrvices identified in Exhibit 1.
(f) Comnensation. "Compensation" means that methoclology set fbrth iu Exliibit 2
used to establish the am4unt of money wtuch the ClTY vvill pay the COiTN`I'Y for
provid'uig Services.
(g) Capital Improvement. "Capital Improvement" shall mean any .eapendihue of
$2,000.00 or more. Any such expenditLue -MU bc coded as provided for in the BAR.S-
manual adopteci by the State of WashiiiZon undcr KCW 43A11.
(h) Uncontrollable Circumstances. "Uncontrollable Circtunstances" mcans the
following events: riots, wars, civil disturbalices, insurrections; acts of terrorism, external fires
and iloods, volcanic eruptions, lightning or earthquakes at or near Nvhere the Services are
performed and/ar that directly affect praviding of such Services.
SECTiON NO. 3: PUItI'OSla
r'he purposc of this AgreeiZient is to reduce to writing the PAKIIES' understaiiding as to the ternis
and conditions undcr,,vhieh the COLTNITY Arill providc Senrices on behalf oF the CITY. Tt is the
intcnt of the Pr1EZT'TFS that Services to be provided by the COUNT'Y will bc consistent witli the
CITY'S Council/Manager form of government provided for in chaPter 35A.13 R.CVd.
SFCTION N(). 4: DUItATIONA'VITFIDRAVV.4L
"1'fus Agreement shall commence at 12:01 A.M. on January 1, 2005, and nui through 12:00 P.M.
December 31, 2005, unless one of the PAR'ilES providcs notice as set forth in Section 7 of
ternvnation piusuant to Section 14 of tlus Ageement.
Pagc 2 of 10
I.V.I:OAEL AGREEMENT 4B
At the conclusion nf the uutial term, this Agreement shall automatically be renewed from ycar to
year thercafter effective January l S` to December 31S` All renewals shall be subjecl• to all cemis ajid
condiuons set Porth herein except for EYlubit 2.
"1'he PARl IES recognire it highly unli.kely that Extubit 2 setting forth the nevv billing rates for each
year's Services will bc available at the start of dny renewal time £rame. Accordingly, until a ncw
Ex.hibil• 2 ha,s been prepared aud agreed to between the PARTLES, the PARTIES agree that the
COUNT'Y will bill the CTTY and the CITY vvil.l pay the COLTNT'Y at the saine bill'uig rates paid in
the previous year. Upon tlie PAfZTILS ap-reemcnt on a new Exhibit 2, the CITY and COUNr['Y
will reconci.le paynlents to date under the previous years billing rates with the new billing raCes.
Any underpayment Por any Service,s will Ue due ui the first pa}iuent due following reconciliation.
Auy overpayment for any Services will be crediled co the f rst month.ly pa}-ment due following the
reconciliatipn. The PAR'TIFS agree dlat no interest shall be owuig by either Party to the othcr Party
for any ovcrpayment or underpaymenl delermined as a result ofthe neconciliation.
Any Party may wilhdraw at any time from this Ageement for any rcason whatsoever upon a
'II]LCllIIlUlll Of I80 dAys v«-ittcn noticc as provided for in Section 7 to the other F'arty.
SECTION NO. COST OF SERVICES AiVD PAYIVIFn7TS
The CITY shall pay the COUNI Y the costs for Services provicied under tlus Agreenlent as set
~ forlh i.n E;xlubit 2, attachecl hereto and 'ulcorporated hcrcin by rcfercnce:
T'he COUN I'Y CEO shall advise the CITY Manager as soon as possible of any anticipated or
unanCicipated capita.l i_mprovement costs ttiat arise during the contract period: Any such capital
improvement costs shall be amortired over the useful life of the unprovement, and the uicreased
cost in the Agreemcnt resulting from the improvenient shall be calculated by the PART'IES and
paid witlun 30 days of receipt of request by the CITY. Any capilal improvement for whi.ch the
COLJNTY seel:s reicnburseinent from the Cl l Y must be necessary to fulfill the requirements of'lhis
Ag-eement.
The COUNTY will bill the CITY for the cnst of Services inonthly, by the 15`h of the month for the
previotts mnndl. Payments by the CI"rY wi I1 be due by the 5'h day of the following month. At the
sole aptian of the COUNfY, a penalty uiay be assesseci on any late payment by the CITY based on
lost interest earni.ngss had the payment becn timely paid and invested in the Spokane County
Treasurer's i.nvestment Pool. The CITY may dispute any monthly billing. Pcnding resolution oF
any disputc, the 1'AR`1`11;5 agree that the CITY shall pay kimely that portion of the bill that is
undisputed. In the event the CITY disputcs any monthly billing it shall inclucie in eonjunction Aith
the monflily payrnent a letter stating Aith specificity the basis for the dispute. The YARTIES agree
to meet within thirty (30) ca(endar days of the COUNTY's receipt of the dociunentation letter
stating flie basis for the CITY disputing any monthly billing to resalvc the matter. C,n the event the
PART'IES camiot inutually i~evoive the matter ~,:vithin tiie thirty (30) calendar day time frazne, unless
otherwise agreed by the PAR'1TES, the matter shall be resolvcd pursuant to the laispute Resolulion
provisioils set forth in Section ,to. 17. Thc sclection af arbitrators as provicled for in Section No.
,
Page 3 uf 10
MODEL AGREEVIENT 4B
17 sliall commence within thirty (30) calenciar days of the nuuung of the t}urty (30) calendar day timc frame. i
. Any resolution of a disputed a.mowit through use of the aa-bitration process identiCed in Section 17
shall uiclude, at the request of either Party, a detemlination of whether interest is appropriate,
includi-ng the amount.
The PAR'1'lES recoguize that it is not always pnssible for either Farty t4 discover errors in billing.
I'he PARTTES further recagnize that there must be some finality to addressuig sucli eirors.
Accordingly, the Pr'1RTIES agree that bolh FARTTES are forecloscd from challcnging any errors in
billings if the matter is not dra,.«i ui writing to the otlier PAR'1EES attention vvithin thirty (30)
calendar ciays of the last invoice of the calenciar year. Enors raised within this time frame that arc
not mulually resolved shall bc subjcct to the I7ispute iZesolution provisions set forth in Section NlO.
17.
1
SL+"CTION NO. 6: RELATED RESP(JNSIRiLITTES IiN CON.TUYCTIUN WITH
PROVlnNC SFRViCES .
The COLJNI'I'Y 4r its desigr►ee agrecs to attend staff inectings as requested by ttie CiTY Manager.
The COUNTY or its designee agrees io meet upon requesl by the CITY Manager or hislher
designee to discuss any Service provided tuider the terms of this Agrecmcnt.
~
"r'he CIlY agrees the COUNTY may use the COLJiJTY'S sCationery in conjunction with provicling
Services under the terrns nf'this Agreemenl.
SFC"TIQn7 N(l. 7: \'QTICE .
,
All notices or other communications given hereunder shall bc dccmcd given on: (1) the day such
notices or other commuiucations are receiveci when sent by personal delivery; ar (ii) the third day
following the day on which the sane have been mailed by f.rst class delivery, postage Prepaicl
addressed to the COUNTY or the CITY at thc address set forth below for such Party, or at such
other address as Either Party shall &oin tuue-to-time desigiiate by notice in writing lo lhe other
!'arty:
COUN'1"Y: Spokaue County Chief Executive Officer or hislhcr auttiorized
rcprescntative
1] 16 West Broadway Avenue
Spokane, Wa.shington 99260
CT 1°Y: Ciry of Spakane Valley City Manager or his/tier authorized representativc
.
Page 4 of 10
iV~ODEL AGRErMENT 4B
~ Reciwood P1aza -
11707 East Sprague Avenue, Suite 106
Spal:ane Valley, Washington 99206
SECTION NU. 8: RFPORMIG
Reports -1"he COUNTY sliall providc the CITY with reports documenting actual usage under this
Agre.etnent at ttie samc time each invoice requesting paymient is made, unlcss otherwise mutually
agreed by the Parties. Thc Partie,s agree that the tcrminology "reports documenting usage" meajls
that type of i.nformation provided by the COLNTY to thc CI`1'Y in the 2004 agreement for Services.
Such reports shall be i.n a forniat as mutually agreeti to bet,~veen the Parties. The content and/or
format for such reports may be changed f.i-om tinie-to-time by written agreement betvvccn CITY and
COUN'T'Y staff.
R.ecocds Review -'1"he C1TY shall be allowed to conduct random revieNvs of the records generated
by the COUNTY in perfonnancc of this Agi-eement. The Cl'1'Y will provide the COUN'1 Y with
reasonablc advarlce nokice of the records reviews. The Parties agree ttiat they will make best efforts
to aclueve a resalutio❑ of any potential recorcls confidentiality issucs, including entering into
confidentiality agreemenLs or other sinular mechanisms thal vvil.l allow disclosure of the necessary
infomlation to accurately conduct a records reNiew. Yf the CITY will be allowed to view only those
records directly relaling to Services provideci vvithin CITY's corporate boundaries, then ttie
COUNTY must keep a log af original documcnts useci co r•harge the CIT"Y, and those documen.ts
must have identifying numbcrs or lelters so the ori;inal sourcc documents caii be easily retrievcd.
sEcTTON No. y: cavNTERrAxTs
This Agreement may be executed in any number of counterparts, each of which, when so executcd
and delivered, shall be an driginal, but such ccaunterparts shall togettier constitute but one and ttic
same.
SE CTIOlY YU. 10: ASSIGNMENI 'iNo Party may assign i.n wholc or pttrt ics interest in tfus A;reEment wilhput the vvritten approval of
the otliee PAIZTY.
SECTI()N N0. .li: COUNTY EMPLOYEES
'I he COUNTY shall h.i.re, assign, retain and diseipline all employees performing Services under this
Agreement accordi.ng to applicablc collective bargaining ageements and applicable state and
federal laws. -
The CQUNTY agrees to meet and confer Nvith ttie CTT'Y with respect to staff that is assigned to
provide Scrvices. Issues of discipline or performance will be specifically handleti accorduig to
COUNTY policies.
Page 5 of 10 •
MODEL AG1tEE1viENT 4B
SFC`TION NO. 12: LL4131LI'IY
(a) The COUIVTY shall indeuuufy and hold harmless the CITY and its officers, agents, and
employees, from any azid all c:laims, actions, suits, liability, loss, costs, expenses, and damaaes of
aary ndture whatsoevcr, by any reason of or aiising out of any negligent act or omission of the
COUNTY; its officers, agencs and employees, relating to or arisuig out of perfonning Servic;es
plll'Sllc1[lt t0 tllS Agreement. In the event that any suit based upon such claiiu, action, loss, or
daiuages is brdughC against the CI'1'Y, thc COUNTY sha11 defend t11e same at its sole cost and
expense; providcd that tlie CITY reserve:s the iight to par1:icipate in saicl suit if any principle of
goverrunental nz public law is involved; and if final judguient ui said suit be rendered against the
CITY, and its officers, agents, and einployees, or jouttly against the CTTY and the COi.JNT`I'Y and
their respcctive officers, Agents, and employees, dle CQLNTY shall satisfy thc samc.
(b) The C1TY shall indeinnifj, and hold hannless the COWi TY and its officers, agents; and
employees, fi-oin any aad all clainis, actinns, suiLS, liability, loss, costs, cYpenscs, and dacnages of
auy nature whatsoever, by any rea,son of or arising out of any ncgligent act or omission of the CITZ', .
its afficers, agents and employees, rclating to or arising out of perfonning Services pursuant to this
Agrecment. In ttie evc;nt that airy suit based upon such claim, aetion, loss, or ciamages is brought
a;ainst the COiJNTY, the CITY shall defenci the same at its solc cost atid expen.sc; provided that
the COUNTY reserves the right to participatc in said suit if any principle of govenuuental or public
law is involved; and if final judgineut in said suit he renciered against the CQLJNTY, and its
officers, agents, and employees, or joindy against the COCTNTTY and the CI1"Y and their respeclive
officers, agents, and employees, the C11'Y shall satisfy the same.
(c) If the comparative negligence of tlle Parties and their officers and employccs is a cause of
such damabe or injury, tlle liabi_lity, loss, cost, or expense shall bc shared between tlie Parties in
proportion to their relative ciegree of negligencc and the right of indeuuuty shall apply to such
proportion. -
(d) Where an of.ficer or employee of a 1'arty is actuig iuider the direction and control of the nther
Party, the Party directiiig a.nd controlling the oElicer or employee in the activity andlor omission
giving rise to liability shall accept all liability fnr the acher Farty's ofticer or employee's
negligence.
(e) Each Party's duty to indem.niC~, shall survivE thc termination or e.cpiration of the AgreemenC.
"["he forcgoing indemiuty is specif cally intended to constitute a waivcr of cach Party's inuntuiity
under Washington's Tndustrial liisurance Act, chapter 51 RCW, respecting the other party only, and
only to the eatent neccssary to provide the indemnif ed Party wiih a fiill and complete indemniry of
claims madc by the 1I1dEIIlI11tOP's einployees. The PARTIES acknowledgc that thcsc provisions
were specifically negotiatcd and agreed upon by them.
(e) The COUN`CY and ttie CITY agree to either self insure or purehase polices of insurance
covering the maYters contained in this Agreement Aith coverages of not less than $5;000,000 per
Page 6 of 10
MODEY. .AGREEMENT 4.13
~ occiu-rence with $5,000,000 aggregate lunits including professional liability and auto liability
~J coverages.
SECTlON v0. 13: RTLATIONSHiP OF TH.E PAR1 Il,S
The PARTIES intend that an independent contraclor relationslup will be created by tlus Agrcement.
The COUiNTY shall be an inciependent contractor and not klle agent or employee of the CITY, that
the CITY is interested only in the results to be aclueved and that the righi to coiitrol the particular
manner, metliod and means i_n wluch the services are performed is solely within the discretion of
the COLJNTY. Any and all employees who provide Services to the C1TY under this Agreement
shall be deemed employees solely of the COUN`l'Y. The C0j.3NTY shall bc solcly responsible f.or
the conduct and actions of all etnployees under this Agreemcnt and any liability that may attach
thereto. T.ikevvise; no agent, emplnyee, servant or representative of the CT7 Y shall be deenieci to be
an cmployee, agent, servant or representalive nf the COiTN'1'Y for any purpose.
SFCTION N0.14: MODrFTCATION
This Agreement may be modifiecl in vvriting by mutual NNq-itten agrecmcnt of the PARTIES.
SECTION NO.1S: PROPERTY ANll EQUTPMFVT
The ownership of all prnperty and eqtupment uli.lized in coujtulction with providi.ng the Scrvices
shall remain ~rith the original owner, uiiless specifically and mutually agreed by the PARTIES to
this Agreement.
SECTION NO. 16: ALL WRITING5 COn`TA.IiNED HEi REUN/BINDINC EFFE CT
'T'his Agreement contains terms and conditioiLS aGreed upon by the PARTIES. 1'hc I'ARTTFS agree
that there are no other undcrstandings, oral or otherwise, regardi.ng the subject matter oi' this
Agrccment. No changes or additions to this A~reement shall he ~~alid or binding upon the
PAR'T`IC-S unless such change or addition is in writing, executed by the PARTTFS.
This Agreement shall be binciing upon the PARTIES hereto, flleir successors and assigns.
SECTION iY0.17: DISPUTF RESOLU'I:YON
Any dispute beriveen the PAR'IIES which cann.ot be resolved beriveen the PARTIES- shall be
subject to arbitration. Fxcept as provided for to the conttaty herein, such dispute shall first bc
reduced to writing and considereci by tlie COi.JN1'Y C.60 and the CITY Manager. If the COIJNTY
CEO and the CI`CY vlanager cazuiot resolve the dispute it -vvill bc submitted tn azbitration. 'I he
provisions of chapter 7.04 RCW shall bc applicable tn any arbitration proceecli.ng.
The COUNTY and the CITY shall have the right tn designatc one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbittator. The decision of
.
Page 7 of 10
MOI)EL AGR:EEMENT 4B
the arbitra[ion panel shall be binding on the PARTIES and shall be subject to juciicial review as
prnvicied for in chapter 7.04 RCW. '
7'he r.osi:s of the arbitration pancl shall be equa,lly split between the PARTMS..
SECTION NO. 1$: VFNUE STI.PULA'T'ION
Ti1is Agreement has been and shall bc construed as having been macie and delivcrcd Nvithin the
State o[' `Vaslungcon azid it is mutually understood and agreed by cach party that this Agreement .
shall be gavemed by the laws of the Statc of Washington both as td. interpretation and
performance. Any action at law, suit in equity or judicial proceed'uig for the enforcement of this
Agrecment, or any prnvision hereto, shall be instittrted anly ui courts, of competent jlu-isdiction
wittun Spokane County, Wasliington.
SECTION NO. 19: SEVERABILITY
The PARTILS agree that if any parts, terms or provisions of tlus Agrecment are held by the courts
to bc illegal, the validi.ty of the remaining portinns or provisions shall iiot be affccted and the rig}its
and obligations of the PARTTFS shall not be affected in regard to the remaiuder aF the Agre.ement.
I:F it should appear that any part, terni ar provision oP this Ageement is ui conflict Nvitti any statutory
provision nf the State nf Waslungton, then the part, tcrni or provision thereof that niay be in conflict
shall be deemed inoperative and null and void insofar a..~ il may he in conflict therewith and this
Ageement shall be cieemed to modifp to conf'orm to such statutory provisiou. ;
SECTiQN NO. 20: RECORDS
A11 public records prepared, o~Nmcd, useci or retaineci by the COi.1N"rY in conjunction with
prnviding Servic;es under the tenns of.'this tlgreement shall be deemcd CITY property and shall be
made available to the CITY upon reyuest by the C1TY Manager subject to the attnmey client and
attorney %vork product privileges set forth 'in statute, court rule or case law. '1`!le COiJNTY will
notify the CITY of any public disclosiirc request uncler chapter 42.17 RCW for copies or viewing of
such records as well as the COUNTY'S response thereto.
SL;C'TION n'O. 21.: HEADl1TGS
1 he section headings appearing in this Agreenienl have been inserted solely for, the purpose of
conveiuenee and ready reference. In no way do they purport lo, and shall not be deemed to
clefinc, limit or extend the scope or intent of the sections to which they pertain.
SECTION NO. 22: 111VIE OF ESSENCE OF E1.GRE~i~fCiNT
'lune is of the essencc of t;his Agreement ancl in case either Party fails to perform the obligations
on its part to be performed at the time fixed for the performance of the respcctive obligation by
Page 8 of 10
MQDEL AGRTEMENT 4B
the tenns of this Agreement, the other Party may, at its election, hold the othcr Party liable f4r all
costs and damabes caused by such delay. '
SECTION NO. 23: 'UNICONTRULLABLF C[RCiJMSTANCES/IMPQSSiBIT.,TTY
A delay ar intcrruption in or failure of performance of all or any part of tlus Agreeuient resulting
fi-oin Uncontrollablc Circumstances shall be deemecl not a dcfault under this Aa eement.
A delay or interruption in or fxilurc of performance oC all or any part of ttus Agrecment resulting
from any change in dr new law, order, rule or regulation of any nature wluch renders providing of
Services in accordancc with the terms of this Agreeuient legally impossible, and any other circLunstances beyond tUe control of the COLJNTY whieh render legally impossible the
performance by thc COUNTY of its obligations under tlus Agreement, shall be deemed not a
default under tlus Aereement.
SECTION NO. 24: FILING
This tlgreement shall be f led by the County with such offices or agencies as required by chapter
39.34 12CW.
SECTION NO. 25: EXECUTION AND APPROVtLL
lhe PARY`fES warrant thal the ofricers executing below have becn duly authorirecl to act fnr and
on behalf of thc Party for purposes of cnnfrming this Ageement.
SECTION NO. 26: lNITLATIVES
"1'hc 1'AR'1'1'ES recognir,.e that revenue-reducing uutiative(s) passed by the voters of Washingtou
may substautially reduce local operaling revenue for the CITY, COUNT'Y or both PARTIFS.. The
PAR1'MS agree that it is necessary to have flexibility to reduce the contractcd amount(s) in this
Agreement in responsc to budget constraints resulCi.ng from the passage of rEVCnuc-reducing
initiative(s). If such an event occurs, the PARTf.F,S agree to negotiate in good faich ca aehieve a
mutually agreeable resolution in a timely fashion.
SECTION NO. 27. CUMPLIANCE VVTTH LA`VS
. ,
The Parties shall observe all federal, state and local laws, ordinanccs and regulatiAns, ta the extent ~
that tliey niay bc applicable to the ternis oC this Agreement. .
SECTION NO. 28: DISCL i L, R
.xcepl cet~a' as othem2se provided, this Agrecment shall not be conSYrued ui any manner that
would limit either Party's authority or powcrs under
Page 9 of 10
- MODE:L A6:12EEME\jT 4B
IN `VTTNESS WH~-REOF, the F'ARTIES have caused this Agreement to be executed on
date anci year opposite their respective signattues. -
I)ATTD: BOAkD OF COUNTX COvItiIISSIONLRS
. OF SPOKANF, COi.TNITY, WASHINGTON
Pl-IILLIP D. HARR.IS, Chairman
ATTLST:
VICKY M. IaALTON
CLERK ON THE BOAR1a MARK R.TCNARD; Vice-Chainnan
B'Y:
Daniela Erickson, Deputy TOIaTa M[EI:.KL, Coiiuiiissioner
llATEia: CITY OF SPOKANE VALLEY:
ATTFST:
David Mercier, Citiy Manager
Christuie Bainbridge, City Clcrk .
Approaeci as tp Porm only:
Cary P. Driskell, llcput), City Attamey
Page 10 nf 10