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2009, 02-10 Regular Meeting ( / ~ ~ AGENDA SPOKANE VALLEY C1TY COUNCtL ItEi GULAR MEETING Couneil Meeting #153 Tuesday, February 10, 2009 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Spraguc Avenue Council Requests Please Silence Your Gell Phones During Counci! Meeting CALL TO ORDER: INVOCATION: Pastor Ben Orchard, Valley Bible Church PLEDGE OF ALLFGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTIOr' OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE. BOARD, LI_AISON SUMMARY REPORTS: MAYOit'S KEPORT: PUBLIC COMNIFNTS: This is an opportunit), for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three m inutes. 1. CONSEr'T AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered septuately. a. Claim Vouchers VOUCHER LIST DATE I WNUUCIlER NUMBERS: ~ TOTAL AMOUNT 02/42l2009 ~ Beginning wl# 16531; ending w/#I6567 $135,817.55 02/0212009 ~ deginning w/# 16572; ending w/# 16594 $50,887.44 ~ GRAND TOTAL I $186,704.99 b. Payroll for pa}r period endins January 31 2009: $359,41 4.09 c. Approval to Ratify GMA Interlocal A~,~reement as adapted by Steering Committee 11/19J08 d. Approval of Council Study Session Meeting Minutes of January 20, 2009 e. Approva) of Council Special Study Session Meeting Minutes of 3anuary 26, 2009 f. Approval of Council Regular Meeting Minutes of January 27, 2009 NEW BUSINESS: 2. First Reading Proposed Ordinance 09-001 for Street Vacation - Micki Harnois [public comment] 3. First Reading Proposeci Ordinance 09-002, amending SVMC Title 20 - Lori Barlow ipublic comment] 4. Mation Consideration: City Hall Design Services - Neil Kersten -[public commeot] PUBLIC COMMENTS 'I'his is an opportunity for the public to speak on any topic. When you come to the pcldium, please state your name and address for ihe record and limit remarks ta threc minutes. Council ,Ageada 02-10-09 Regular hiceting Pitge lof 2 . -Iq ADMINIST'RATIVE REPOKTS: 5. 2008 Accomplishments Report -Mike Jackson 6. Speed Limit Changes - Inga Note 7. Policing Stratep- - Rick VanLeuven 8. Upcoming Public Works Council Actions - Neil Kersten li'VFORMATION ONLY: 9. City Hal) Lease Extensian - Ken Thompson 10. Water Rights 11. Fire District Quarterly Repurt 12. Letter of Compliments to Staff 1' A(ley Conversion to One-Way 14. EXECtITIVE SESSION: Pendirtg Litigation ADJOURNMENT FUTURE SCHEDULE (meetiiig schedtrle rs ulit,cry's sulject to clialtge) Regular Couacil Meetings are generally held lnd anJ 4'!' Tuesrlays, beginning a16:00 p.m. Counci! Study Sessions are generallj, held 3~ and Sth Tuesdays, beginning al 6: 00 p.nr. Tuesday, Feb 17: NO MEETtNG: Council attends Legislative Confzre:nce in Olympia Nionday, Feb 23: Joint Meeting with Spokane Counry, 1:30 -4:30 p.m. Spokane County HR Dept Training Room, 1229 W Mallon Topic: Wastewater Treatment Ptant Financing and Remaining Capacity Tuesdav, 1=eb 24: Council Chambers, 6 p.m. RegularCouncil Meeting N()T1CE: Indkicluals pluruiing to aucnd the meeting whu rcquire special assiti-tance to accommodate physicxl, hc;aring, or other ~ impuirments, please contact the City Cleric at (509) 921-I000 as scxm as possible so that arrangemenLs may he made. C'ouncil Agrncia ()2-10-09 Itegular Mecting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: [E consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: BACKGROUND: VOUCHER LIST DATE ~ WNOUCHER NUMBERS: N TOTAL AMOUNT 02/02/2009 ~ Beginning w/# 16531; ending w/#16567 ~ $135,817.55 02/02/2009 ~ Beginning w/# 16572; ending w/# 16594 ~ $50,887.44 ~ GR.AND TOTAL ~ $186,704.99 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Lisa Combs ATTACHMENTS Voucher Lists . , vchlist Voucher List Page: 1 0210212009 11:28:13AM Spokane Valley Bank code : apbank , Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16531 1/30/2009 000160 ALLIED ENVELOPE C0. 100320 ENVELOPES FOR PAYROLL 78.51 Total : 78.51 16532 1130l2009 000150 ALLIED FIRE & SECURITY RCB0069687 , 1 ST QRT BILLING 111.00 Total : 111.00 16533 1130/2009 001081 ALSCO 543928 FLOOR MATS: PRECINCT 15.45 543929 FLOOR MATS: PRECINCT 2.75 547568 FLOOR MATS 14.47 Total: 32.67 16534 1/3012009 000030 AVISTA 010119017 UTILITIES: PARKS MASTER AVISTP 12,005.36 410069444 ' UTILITIES: PW MASTER AVISTA 20,616.10 Total : 32,621.46 . , 16535 1/30/2009 000841 BCI CREATIVE INC 9080 WEB DESIGN: CP 118.75 ' Total : 118.75 16536 113012009 001409 BEST LINE 053101222009 JAN 08 ANSWERING SERVICE CP 20.00 Total : 20.00 , 16537 1130/2009 000168 BLACK BOX NETUUORK SVC 157944 NETWORK CONVERSION 797.31 158193 , SET UP PHONES 382.62 Total : 1,179.93 16538 113012009 000918 BLUE RIBBON LINEN SUPPLY INC 8985763 ' LINEN SERVICE: CP 150.58 8987680 LINEN SERVICE: CP 196.50 Total : 347.08 16539 1/30/2009 000571 CODE PUBLISHING CO 32117 ' ELECTRONIC UPDATE: CODES 1,030.05 Total : 1,030.05 , 16540 1/3012009 000109 COFFEE SYSTEMS INC 3820:014159 COFFEE SUPPLIES 241.70 3820:017062 COFFEE SUPPLIES 267.73 Total : 509.43 16541 1I3012009 001888 COMCAST Jan 2009 HIGH SPEED INTERNET 113.94 ' Page: 1 .vchlist Voucher List Page: 2 0210212009 11:28:13AM Spokane Valley Bank code : apbank , Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16541 1130/2009 001888 001888 COMCAST (Continuetl) Total: 113.94 16542 1/30/2009 000035 CORPORATE EXPRESS 92769949 OFFICE SUPPLIES 66.86 Total : 66.86 16543 1/30l2009 000409 DEPT OF REVENUE 1st QTR 2009 , 1ST QTR EXCISE TAX 1,024.97 Total : 1,024.97 16544 I 1/30/2009 000912 DEX MEDIA WEST 200353924 ' JAN 09 ADVERTISING: CP 225.00 200715316 ADVERTISING:SENIOR CTR 40.10 Total : 265.10 16545 1130/2009 001232 FASTENAL CO PURCHASING IDLEW59833 42245 FASTENAL BLANKET PO 30.90 Total : 30.90 16546 113012009 001447 FREE PRESS PUBLISHING INC 31465 LEGAL PUBLICATION 67.20 31468 LEGAL PUBLICATION 22.95 31504 LEGAL PUBLICATION 92.65 31536 , LEGAL PUBLICATION 77.55 31538 LEGAL PUBLICATION 44.80 31541 LEGAL PUBLICATION 104.55 31542 LEGAL PUBLICATION 79.90 31543 , LEGAL PUBLICATION 52.70 Total : 542.30 16547 1I3012009 000839 GENERAL FIRE EQUIP CO 20972 FIRE ALARM LABOR 135.88 , Total : 135.88 16548 1I3012009 001296 H.D. FOWLER CO INC 12471922 EQUIPMENT:STORMWATER 957.65 ' Total : 957.65 16549 1/30/2009 001728 HP FINANCIAL SERVICES CO 600187820 ' JAN 09: LEASE PMT 1,656.78 Total : 1,656.78 , 16550 1/3012009 000022 INLAND BUSINESS PRODUCTS, INC. 56481 PHOTO ID CARDS: HR 23.91 56493 PHOTO IDS: HR 23.91 56510 PHOTO IDS: HR 23.91 56515 PHOTO ID CARDS: HR 23.91 . Page: 2 ~vchlist Voucher List Page: 3 0210212009 11:28:13AM Spokane Valley ' Bank code : apbank , Voucher Date Vendor Invoice PO # , DescriptionlAccount Amount 16550 1/3012009 000022 000022 INLAND BUSINESS PRODUCTS, INC (Continued) Total : 95.64 , 16551 1130/2009 000388 IRVIN WATER DIST. #6 112500.0 DEC 08: WATER CHARGES 166.00 Total : 166.00 16552 1/3012009 000012 JOURNAL OF BUSINESS INC. 002402502 , ADVERTISING 900.00 , Total : 900.00 16553 113012009 001684 MARKETING SOLUTIONS NW #CP 1-7-09 ADVERTISING: CP 20,361.59 , Total : 20,361.59 16554 1/3012009 000652 OFFICE DEPOT INC. 459019980-001 OFFICE SUPPLIES 98.85 Total : 98.85 16555 1130I2009 000899 ONEEIGHTY NETINORKS 636365 JAN 09: EfHERNET 840.45 Totai : 840.45 16556 1/30/2009 001860 PLATT 5541523 SUPPLIES: CP 82.05 5541532 SUPPLIES: CP 8.35 Total : 90.40 16557 1130/2009 000291 PROJECT ACCESS, INC. 100 1ST QTR CONTRIBUTION 3,750.00 Total : 3,750.00 16558 1130/2009 000019 PURRFECT LOGOS, INC. 23039 CTRPLACE LOGO SHIRTS 105.98 Total : 105.98 16559 1/3012009 000322 QWEST 509-922-7091-060B ' PHONE SERVICE: MISSION POOL 106.74 509-926-1840-194B PHONES: PARK RD POOL 101.59 Total : 208.33 16560 113012009 000709 SENSKE LAWN & TREE CARE INC. 2958461 DE-ICE: PRECINCT 108.70 2966970 CONTRACT MAINTENANCE: CEN.1 2,018.68 2966971 CONTRACT MAINTENANCE 51,859.00 2983952 SNOW REMOVAL: PRECINCT 217.40 2983953 DE-ICE: PRECINCT 81.53 2983954 SNOW REMOVAL: PRECINCT 108.70 2985547 SNOW REMOVAL: PRECINCT 304.36 , Page. 3 , trchlist Voucher List Page: 4 0210212009 11:28:13AM , Spokane Vailey Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16560 1/3012009 000709 SENSKE LAWN & TREE CARE INC. (Continued) 3353455 SNOW REMOVAL: PRECINCT 217.40 3353895 ' DE-ICE WALKS: PRECINCT 81.53 3354844 SNOW REMOVAL: PRECINCT 217.40 3354845 DE-ICE WALKS: PRECINCT 81.53 3354846 SNOW REMOVAL: PRECINCT 108.70 3355236 SNOW REMOVAL: PRECINCT 108.70 3355289 DE ICE: PRECINCT 81.53 3356889 SNOW REMOVAL: PRECINCT 570.68 3357314 SANDING: PRECINCT 217.40 3358326 SNOW REMOVAL: PRECINCT 244.58 3358395 SNOW REMOVAL: PRECINCT 141.31 Total : 56,769.13 16561 1130/2009 000935 SERVICE PAPER CO 30442546 , SUPPLIES: CENTERPLACE 342.32 . 30442547 SUPPLIES: CENTERPLACE 240.64 30442813 , SUPPLIES: CP 173.06 Total : 756.01 16562 1/30/2009 000323 SPOKANE CO UTILITIES 0153641065364 SEWER:PARKS 237.66 0166311066631 ' SEWER:PARKS 35.34 0170221067022 SEWER:PARKS 111.72 024433I074433 SEWER:PARKS 111.72 027129I077129 SEWER: PRECINCT 54.43 031608l081608 SEWER:PARKS 262.85 0343541106428 SEWER:PARKS 70.34 0370591109325 SEWER:PARKS 70.34 0429031115953 ` SEWER: CP 328.80 Total : 1,283.20 , 16563 1/30/2009 000324 SPOKANE CO WATER DIST#3 435-0146-00 UTILITIES: PW 177.14 475-1495-00 UTILITIES: PW 17.92 Total : 195.06 16564 1/30/2009 000311 SPRINT 326088106 WAPS FOR LAPTOPS 549.89 959698810 , SPRINT CELL PHONES 1,466.34 Total : 2,016.23 Page: 4 ;vchlist VouCher List Page: 5 0210212009 11:28:13AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16565 1/30/2009 000468 TRANSOFT SOLUTIONS INC. 44870 PW SOFTWARE 710.00 Total : 710.00 16566 1/3012009 000014 NLER TECHNOLOGIES, INC. 144019 EDEN TRAINING 6,427.41 Total : 6,427.41 16567 1l30/2009 001900 WAPELRA Jan 2009 ' MEMBERSHIP 200.00 0 v 0 Total : 200.00 .4656E 238-11682681 lAffl&1'-&M61dFf-6R 7a4 6- Total: 'f'856S if39f2699-9fl6s''ifl-~~ ~94-2CC t^ Q-AV'4A:A0- Total: -4o-@8- -965:7$ 4499f"r863-9 9227685-1Cr4 Total: ~7~, "le5-71 „art~(~43 .F{gER.I:EAGC 1q28-2-7 rL.~~ cn,~~a F Total : -228-.27 41 Vouchers for bank code : apbank Bank total : 138 606.90 , 41 Vouchers in this report ' Total vouchers f..1.38;60G90~ I, the undersigned, do certify un.dex penalty of perjury, that the matexials have been furnished, the services 'rendered, or the labor performed as described hexein and that the claim is just, due and an unpaid , obligation against the City of Spokane Valley, and that I am authorized to authenticate and certi£y said claam. , Finance Director Date Mayor Date ° , Council Member Date , Page: 5 vchlist Voucher List ' Page: 1 0210212009 4:02:48PM Spokane Valley , Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16572 2/2/2009 000335 ALTON'S TIRE INC. 6-39430 OIL CHANGE: 40209D 32.64 . Total : 32.64 16573 2J2/2009 000234 ARLT, SHANE Expenses BATTERIES FOR CAMERA: PW 29.34 ' Total : 29.34 16574 2/2l2009 001012 ASSOC BUSINESS SYSTEMS 094815 SERVICE ON PRINTER #21796 330.45 Total : 330.45 16575 2/2/2009 001606 BANNER BANK 2832 DEC 08: GENERAL CARD 668.80 4391 DEC 08: MERCIER 190.60 4466 DEC 08: GRIFFITH 2,733.11 4474 . DEC 08: THOMPSON 39.20 Total : 3,651.71 16576 212/2009 001862 BISCHOFF, PATTY Expenses OFFICE SUPPLIES: CP 38.56 , Total : 38.56 16577 2/212009 000918 BLUE RIBBON LINEN SUPPLY INC 8989598 LINEN SERVICE: CP 255.84 Total : 255.84 16578 212/2009 000572 CARTER, CAROL Expenses ' TRAVEL EXPENSES 44.65 Total : 44.65 16579 212/2009 001902 CENTRAL VALLEY CITIZENS Refund REFUND DAMAGE DEPOSIT 158.00 ' Total : 158.00 16580 212/2009 000252 LOWE'S BUSINESS ACCOUNT 02097 MAINTENANCE SUPPLIES: CP 19.53 12650 MAINTENANCE SUPPLIES: CP 122.73 14511 MAINTENANCE SUPPLIES: CP 64.05 INT MAINTENANCE SUPPLIES: CP 5.89 IATE FEE MAINTENANCE SUPPLIES: CP 25.00 Total : 237.20 16581 212/2009 000069 MERCIER, DAVID Expenses TRAVEL EXPENSES 554.18 Total : 554.18 Page: 1 r vchlist Voucher List , Page: 2 02I0212009 4:02:48PM Spokane Valley Bank code : apbank ' Voucher Date Vendor Invoice PO # ' DescriptionlAccount Amount 16582 2/2/2009 000193 NORTHWEST CHRISTIAN SCHOOL INC Feb 09 , FEB 09 RENT 36,468.24 Total : 36,468.24 16583 21212009 000036 OFFICE DEPOT CREDIT PLAN 966010231000 1099 SUPPLIES: FIN 60.82 966020157000 , SUPPLIES: HR 22.82 Fees FEES 35.00 Total : 118.64 , 16584 2/2/2009 000512 OFFICETEAM 23076245 STAFFING SERVICE: M MERCER 423.80 23076246 STAFFING SERVICE: M SWANK 399.35 23114351 STAFFING SERVICE: M MERCER 521.60 23114352 STAFFING SERVICE: M SWANK 537.90 23155445 STAFFING SERVICE: LASERFICHE 652.00 23155446 STAFFING SERVICE: SCANNERS 615.33 Total : 3,149.98 , 16585 2/212009 000126 SECRETARY OF STATE - WA TRADEMARK RENEWAL CENTERPLACE TRADEMARK RENE 70,00 ' Total : 70.00 16586 2i212009 001796 SPOKANE CO CLERK Filing Fees FILING FEES: NIERENBERG 200.00 Filing Fees FILING FEES: RIENFLEISCHIPIERS- 200.00 • Total : 440.00 16587 2I2/2009 000308 SPOKANE CO PROSECUTING ATTY DEC 08 , DEC 06: CRIME VIC COMP FUND 869.01 NOV OS NOV 08: CRIME VIC COMP FUND 839.45 Total : 1,708.46 16588 21212009 000939 SPRAGUE & SULLIVAN MINISTORAGE 55177 , 1ST QUARTER 2009:1T8 387.00 Total : 387.00 16589 21212009 000038 WASTE MANAGEMENT OF SPOKANE 2381168-2681-5 WASTE MGMT: CP 731.56 Total : 731.56 , 16590 212/2009 001792 WHITEHEAD, JOHN Ecpenses AIRLINE EXPENSES: WAPELRA 233.20 Total : 233.20 16591 2/2/2009 000347 WORLEY, STEVE MEMBERSHIP 2009 RENEWAL: AM SOC OF C.E. 230.00 Page: 2 , vchlist Voucher List Page: 3 0210212009 4:02:48PM Spokane Valley , , Bank code : apbank , Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 16591 212/2009 000347 000347 WORLEY, STEVE (Continued) Total : 230.00 16592 2/2/2009 000310 WSAMA 80426 WSAMA MEMBERSHIP 40.00 , Total : 40.00 16593 212/2009 000089 XO COMMUNICATIONS 0227685164 INTERNETIDATA LINES 1,789.52 Total : 1,789.32 16594 2/2/2009 001885 ZAYO BANDINIDTH LLC Jan 2009 ` DARK FIBER LEASE 228.27 Total : 228.27 , 23 Vouchers for bank code : apbank Bank total : 50,887.44 23 Vouchers in this report Total vouchers : 50,887.44 I, the undersigned, do certify under penalty of pery'ury, that the materials have been fumished, the services rendered, or the labor performed as described herein ` and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am ' authorized to authenticate and certify to said claim. Finance Director Date ' Page: 3 CITY OF SPOwKANE VALLEY Request for Council Action Meeting Date: 02-10-09 City Manager Sign-off: Item: Check all that apply: N consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending January 31, 2009: GOVERNING LEGISLATION: " PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 231,376.66 Benefits: t 128,037.43 TOTAL PAYROLL: $ 359,414.09 STAFF CONTACT: Raba Nimri ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-10-09 City Manager Sign-off: Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: GMA Interlocal Amendment GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: At the November 19, 2008 GMA Steering Committee of Elected Officials meeting, committee members reviewed amendments recommended by its subcommittee and voted unanimously to amend the Interlocal Agreement clarifying its operational procedures, all as noted in the accompanying November 24, 2008 letter form Nancy McLaughlin. The Committee asked that each jurisdiction ratify the amendments. The complete Interlocal Agreement is attached. There was Council consensus at the January 27, 2009 council meeting, to place this on the February 10 consent agenda. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to ratify the amendments to the GMA Joint Planning Interlocal Agreement as adopted by the Steering Committee of Elected Officials on November 19, 2008, and authorize the Mayor's signature thereon. BUDGET/FINANCIAL IMPACTS: STAFFICOUNCIL CONTACT: ATTACHMENTS: November 24, 2008 Letter from Nancy McLaughlin, Chair, GMA Steering Committee of Elected Officials Signature page for City of Spokane Valley Growth Management Act Joint Planning Interlocal Agreement 0 l~7 r Q ~ r--A' ~ ~y ~1 1!-~ -:.,1 _ l i'" 7(tl `c?a^9 Y~? NO1 L s 2008 November 24, 2008 . ~i'(y ~~~~~ar-is VaPiey MEMO TO: Board of County Commissioners and Mayors of Cities and Towns in Spokane County RE: Ratification of the Amendments to the GMA loint Planning Interlocal Agreement At rts November 19, 2008 meeting the Steering Committee of Elected Of~'icials reviewed . amendments recoxnmended by its subcomrnittee and voted unanimously to amend the Interlocat Agreement clarifying its operational procedures as follows: Paee 3: 1. Typographical Error (Remove incorrect, text) . 2. Election of Chair and Vice Chair (Establish process for rotation) 3. .Ad Hoc Comxnittees (Establish process for committee appointment) Page 3 and 4: 4. Non Voting Members (Set criteria and define composition) Paae 4: 5. Technical and Adrninistrative Support (Define role of PTAC and Spokane ' County) Paize 6: 6. Tra.nsmittal of Official Actions (Establish procedure for transmitting actions to BOCC) 7, Public Participation (Adopt public participation guidelines) • S. Regular Meetings (Set regular meeting time) Fage 8: 9. Clarify the amendment procedure (ratify by each jurisdiction) The Steering Gommittee is asking that each jurisdiction ratify the above amendinents prior to its next meeting on January 21, 2009, if possible. You will note that the amendments are intended to improve the operations of the Steering Committee and it is with this in mind, that we ask for your timely response. Please find the complete Interlocal Agreement with the amendments indicated in strike tluough (deletions) ox underlined (additions) and an attached signature page for you to sign on behalf of your jurisdiction. Please use the enclosed envelope to return the ' signature page to Vickie Merriott, Spokane County Building and Planniing Departrnent, 1026 West Broadway Avenue, Spokane, VVA 99260. Thank you for your participation in this very important regional effort. . Sincerely, Nancy McLaughlin, Chair Growth Management 5teeri.ng Committee of Elected Officials IN WITNESS WHEREOF, the City of Spokane Valley ratifies amendments to the GMA Joint Planning Interlocal Agreement as adopted by the Steering Committee of Elected Officials on November 19, 2008 as of the date shown below this signature block. CITY OF SPOKANE VALLEY Mayor Richard Munson Dated: GMA Joint Planning Interlocal Agreement, as amended and approved October 9, 2003 Recomrrcendations of the Subcommittee of the GMSteering Committee of Elected Officials, October 23, 2008 ~ G r o w t h M a n a g e m e n t A c t G-A J01*nt Planni*ng INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT, is entered into by and among the cities of Airway Heights, Cheney, Deer Park, Fairfield, Latah, Medical Lake, Millwood, Rockford, Spangle, Liberty Lake, Spokane Valley, Spokane, and Waverly, hereinafter sometimes jointly referred to as "Cities," and the County of Spokane, sometimes hereinafter referred to as the "County," jointly, hereinafter referred to along with the Cities as the "Parties," or "Jurisdictions." FURTHERMORE, THIS INTERLOCAL AGREEMENT, having been finalized at the November 19, 2008 Steering Committee meeting, will replace the GMA Joint Planning Interlocal Agreement, as amended, and originally adopted August 24, 1995 by Resolution 94-1686. WITNESSETH WHEREAS, pursuant to the provisions of RCW Section 36.70A.210, the legislative authority of a county that plans under the Growth Management Act (GMA) shall adopt a Countywide planning policy or policies in cooperation with the Cities located in whole or in part within the County; and WHEREAS, the Parties realize the Countywide Planning Policies call for the continued collaboration and cooperation among the parties in their respective obligations under the Growth Management Act (GMA) to adopt comprehensive plans and development regulations implementing such plans; and WHEREAS, pursuant to the provisions of RCW Section 36.70A.110, each county that is required or chooses to plan under the Growth Management Act (GMA) shall designate an urban growth area or areas in consultation/agreement with cities within which urban growth shall be encouraged and outside of which growth can occur only if it is not urban in nature; and WHEREAS, pursuant to the provisions of chapter 39.34 RCW, two or more public agencies may enter into agreements with one another for joint or cooperative action; and GMA Joint Planning Interlocal Agreement, as amended and approved October 9, 2003 Recommendations of the Subcommittee of the GM Steering Committee of Elected Ofji'cials, October 23, 2008 WHER.EAS, pursuant to the above-cited statutory provisions, the parties hereto desire to enter into an interlocal cooperation agreement pursuant to which the parties will (1) establish a Steering Committee of elected officials and other committees to perform certain duties and provide recommendations to the Parties in conjunction with their respective obligations under the Growth Management Act (GMA); (2) establish the responsibilities of the Steering Committee of elected officials and other committees; (3) establish a process to amend the adopted Countywide Planning Policies; (4) establish a distribution formula for grant funds received from Washington State Department of Commerce, Trade and Economic Development or its successor for growth management; and (S) provide for other matters related to the preceding items. NOW, THEREFORE, for and in consideration of the mutual obligations hereinafter set forth, and as authorized by chapter 39.34 RCW, RCW Section 36.70A.210 and RCW Section 36.70A.1-10, the parties hereto do mutually agree as follows:- - - - Section 1: PURPOSE The parties hereto recognize that it is in the public's interest that local governments cooperate with each other and coordinate their respective obligations for planning under the Growth Management Act (GMA). The Growth Management Act (GMA) mandates that the County adopt Countywide Planning Policies in cooperation with cities located in whole or in part within the county. Additionally, the Growth Management Act (GMA) mandates that the County designate urban growth areas in cooperation and consultation with Cities within the County. The parties have entered into prior interlocal cooperation agreement(s) establishing a collaborative process for the adoption of Countywide Planning Policies and related matters. These interlocal agreement(s) terminate upon the County's adoption of Countywide Planning Policies. The parties now desire to enter into another interlocal agreement which will continue the cooperative and collaborative process in conjunction with their respective obligations under the Growth Management Act (GMA). The purpose of this interlocal agreement is to (1) establish a steering committee of ~ elected officials and other committees to perform certain duties and provide recommendations to the ~ parties in conjunction with their respective obligations under the Growth Management Act (GMA); (2) establish the responsibilities of the steering committee of elected officials and other comrnittees; ~ (3) establish a process to amend the adopted Countywide Planning Policies; (4) establish a distribution formula for grant funds received from the Washington State Department of Commerce, Trade and Economic Development or its successor for growth management; and (5) provide for other matters related to the preceding items. . GMA Joint Planning Interloca! Agreement, as nmended and approved October 9, 2003 j Recoinmendations of the Subcommittee oJthe GMSteering Committee ofElected Officials, October 23, 2008 Section 2: ESTABLISHMENT OF STEERING COMNIITTEE UF ELECTED OFFICIALS, EX-OFFICIO MEMBERS THEREOF, AND A TECHNICAL SUPPORT COMMITTEE There is hereby established a steering committee of elected officials, hereinafter referred to as the Steering Committee, having those responsibilities set forth in Section 3 hereof. The Steering Committee shall consist of three (3) County Commissioners from the Spokane County Board of Commissioners, three (3) elected officials from the City of Spokane, two (2) elected officials from the City of Spokane Valley, one (1) elected official each from Liberty Lake, Airway Heights, Cheney, Deer Park, Medical Lake and Millwood; and one (1) elected official to represent the five towns of Fairfield, Latah, Rockford, Spangle and Waverly. Representatives will be selected by the legislative bodies of each jurisdiction in any manner they choose. Jurisdictions may also appoint - - - alternates, who must be an elected official. Alternates rnay vote during the absence of the regular - " representative. The Steering Committee will strive for consensus on all matters; however, when a vote is required, each member shall have one vote and a majority af 2/3 of the voting members in attendance is required for a motion to succeed, unless otherwise specified within this interlocal agreement. In order to conduct business, a quorum must be present; a quorum will consist of a simple majority of the total Steering Committee voting membership. The Steering Committee shall at the end of its regular meeting in June of each year, elect from among its voting members a Chair and Vice Chair, each of whom shall serve for a period of one year and thereafter until their respective successors have been elected, but the Chair and Vice Chair may be removed at any time by a vote of 2/3 of the total voting membership. The Chair and Vice Chair shall be elected on a rotational basis in the following order: Spokane County, City of Spokane, City of Spokane Valley, Small City (under 15,000 population). The Vice Chair is intended to serve as Chair the following year. In the evenfi of a vacancy in the Chair or Vice Chair, an election of another Chair or Vice Chair shall be elected from that same category. In the absence of both the Chair and Vice Chair at a meeting, a Chair Pro Tem shall be selected by a majority of those members present to serve as Chair. Subcommittees of the Steering Committee will be appointed by the Chair as needed on an ad hoc basis. Ad hoc committees are intended to serve a specific purpose for a limited amount of time. ° In addition to the voting members of the Steering Committee, the Steering Committee shall also include three (3) elected officials as non voting members representing the school districts, water GMA Joint Planning Interlocal Agreement, as amended and approved October 9, 2003 2 Recommendations of the Subcommittee of the GM Steering Committee of Elected Officials, October 23, 2008 1 districts, and fire protection districts-and one (1) citizen-at-large member representing the urban grovvkh areas of Spokane County. Elected non voting members are nominated by consensus among their peers and are then appointed by the Steering Committee. The citizen-at-large member shall be nominated by the Board of County Commissioners and appointed by the Steering Committee at the applicable June meeting for a four-year term. A Planning Technical Advisory Committee (PTAC) is hereby established to advise and provide support to the Steering Committee. The PTAC shall consist of the staff personnel of the Parties plus the Spokane Regional Transportation Council. A Chair for the PTAC will be selected by the PTAC on an annual basis to chair the PTAC meetings and serve as liaison to the Steering Committee. It is the intention to rotate the chair of the PTAC among jurisdictions and to share responsibilities for . specific tasks among the_ PTAC members. Spokane County Building and Planning Department will serve as the repository for all records of the Steering Committee and will provide administrative staffto work in conjunction with the Chair to arrange meetings, prepare agendas and minutes, advertise public hearings, and provide notice and necessary documents to the Steering Committee. In the event that additional general purpose governmental entities are created through incorporation, they shall become represented in such number(s) as may be hereafter agreed to by the Steering Committee on the effective date of their incorporation, and their adoption of this document. In all subsequent decisions, the number of the Steering Committee members needed to reach a decision will be adjusted to account for the new member(s). However, prior decisions will not be reconsidered and re-voted. Such entities shall be entitled to a non-voting seat until the official date of incorporation. The Representatives will be selected by the legislative body in any manner it chooses. Section 3: RESPONSIBILITIES OF STEERING COMMITTEE The Steering Committee, as established under Section 2, will have those responsibilities as set forth in the Countywide Planning Policies adopted under RCW Section 36.70A.210. Rather than repeat those responsibilities verbatim within this section, the parties agreed to generally outline those responsibilities referencing the exact policy. It is expected that the parties, when necessary, will lool< to the exact language when fiirther explanation is necessaxy of any responsibility set forth hereinafter. The parties further recognize that from time to time the Countywide Planning Policies may be amended as provided for in section 4 hereinafter. In instances where such amendments occur, the parties agree that the responsibilities set forth within this section shall automatically be CMA Joint Planning Interloca! Agreement, as amended and approved October 9, 2003 3 Recommendations of the Subcon:mittee of the CM Steering Commi!!ee of Elected Officials, Oclober 23, 2008 amended, when applicable, to include such changes without the necessity of formal amendment of the agreement. The general outline of Steering Committee responsibilities are as follows: A. Recommendations to the Board of County Commissioners (BOCC) of Spokane County The Steering Committee will: 1. establish a date by which each jurisdiction will submit proposals for interim Urban Growth Areas (IUGAs) (Urban Growth Areas #4). 2. analyze each jurisdiction's interim and final Urban Growth Area (LJGA) proposal (Urban Growth Areas #6). 3. analyze each jurisdiction's UGA amendment proposals and population allocations for recommendation to the Spokane County Board of County Commissioners. - - - - 4. -oversee development of a carrying capacity study for regional capital-facilities* (Promotion - of Contiguous and Orderly Development and Provision of Urban Services 48). 5. recommend allocation of population growth to jurisdictions (Promotion of Contiguous and Orderly Development and Provision of Urban Services #9). 6. review amendment proposals to the Countywide Planning Policies and/or UGAs (interlocal agreement). B. Recommendations to all the jurisdictions The Steering Committee will: 1. specify minimum levels of service (Urban Growth Areas #2 and Promotion of Contiguous and Orderly Development and Provision of Urban Services #1). 2. establish employment projections and ratios in cooperation with the Spokane area business community (Urban Growth Areas #9). 3. develop regionally consistent programs to protect natural resource lands, critical areas, and open space (Urban Growth Areas #1 S). 4. oversee preparation of a regional utility corridor plan (Promotion of Contiguous and Qrderly Development and Provision of Urban Services 4I1). 5. identify or establish siting and service delivery criteria to locate essential public facilities (Siting of Capital Facilities of a Countywide or State wide Nature #2). 6. establish a process for distributing essential public facilities among jurisdictions (Siting of Capital Facilities of a Countywide or State-wide Nature #3) C. Miscellaneous responsibilities The Steering Committee will: 1. prepare a regional formula to designate and acquire public access to open space corridors (Promotion of Contiguous and Orderly Development and Provision of Urban Services #4). 2. pursue strategies for regional water resource management (Promotion of Contiguous and Orderly Development and Pro.vision of Urban Services #14). GMA Joint Planning Interloca! Agreement, as amended and approved October 9, 2003 4 Recommendations of the Subcommittee of the GMSteering Committee of Elected Officials, October 23, 2008 3. promote a proactive planning approach between Washington and Idaho to establish uniform environmental protection measures (Economic Development #6). . D. Official Actions , All official actions of the Steering Committee shall be reduced to writing and incorporated in the official minutes a.nd signed by the Chair. Recommendations from the Steering Committee shall be transmitted to the Board of County Commissioners by a letter from the Chair of the Steering Committee and shall include the motion and vote of the Committee including an indication of which members supported and which did not support the motion. E. Public Participation Guidelines The Steering Committee Nvill use the Public Participation Program Guidelines adopted by the - - - Board of County Commissioners on FebruaYy 24, 1998 and as -amended on September 29, -1998. - F. Regular Meeting The Steering Committee will set a regular meeting time, date, and place on or before its July meeting of each year. Section 4: AMENDMENTS TO THE COUNTYWIDE PLANNTING POLICIES Upon initial adoption of Countywide Planning Policies by the Board of County Commissioners of Spokane County pursuant to the provisions of RCW Section 36.70A.210, the Parties agree that such adopted Countywide Planning Policies may be amended only through the following procedures: 1. The Countywide Planning Policies may be reviewed and amendments considered, as appropriate, once every five years following the initial adoption date of the Countywide Planning Policies and each successive five year period thereafter. Amendment proposals must be submitted for Steering Committee consideration by a voting member of the Steering Committee. Members of the general public must submit amendment proposals through a voting member of the Steering Committee. All such amendments shall be considered concurrently so the cumulative effect of each individual proposal can be ascertained. 2. The Countywide Planning Policies may be reviewed and amended more frequently than prescribed in paragraph #1 above. Such amendment proposals must be submitted for Steering Committee consideration by a voting member of the Steering Committee. Members of the GMA Joint Planning Interlocal Agreement, as amended and approved October 9, 2003 S Recominendations of !he Subcon:mittee of the GM Steering Commiltee oJElected Dfficials, October 23, 2008 general public must submit amendment proposals through a voting member of the Steering Committee. The Steering Committee must pass a motion by an affirmative vote of 2/3 of the total voting membership in order to place such an amendment proposal before the Steering Committee for review and recommendation. The Steering Committee may establish criteria to help assess the need for processing such amendments. 3. The process of amending the Countywide Planning Policies shall be consistent with the Growth Management Act (GMA) provisions for original adoption of the Countywide Planning Policies. The Steering Committee in reviewing and making recommendations on proposed amendments to the Countywide Planning Policies shall take into consideration the intent that Countywide Planning Policies axe a written policy statement or statements used solely for establishing a Countywide framework from which county and city comprehensive plans are - - - developed, amended, and adopted. As such, each jurisdiction's comprehensive plan relies upon - the long term goal or vision statement of each policy. There is an expectation of policy stability which must be weighed, along with the impact to each jurisdiction's comprehensive plan, when considering an amendment to the Countywide Planning Policies. 4. The Steering Committee shall establish procedures for processing, reviewing, and recommending amendments to the Countywide Planning Policies. 5. The Steering Committee's recom.mendation or action on each and every amendment proposal shall be forwarded, together with all amendment proposals to the Board of County Commissioners in order for the Board to have the benefit of considering the amendment proposal(s) concunently so the cumulative effect of each individual proposal can be ascertained. Section 5: TERM, AMENDMENT, OR TERMINATION OF AGREEMENT The term of this interlocal agreement sha11 commence upon the County's adoption of the Countywide Planning Policies as provided for in RCW Section 36.70A.210. This interlocal agreement may be amended or terminated by an affirmative vote of 2/3 of the total voting membership of the Steering Committee and ratified be each jurisdiction. Section 6: FUNDING GMA Joint Planning Interlocal Agreement, as amended and appraved October 9, 2003 6 Recommendations of the Subcommittee of the GMSleering Corrcmittee of Blected OJricials, October 23, 2008 Grant funds received from the Washington State Department of Commerce, Trade and Economic Development or its successor for Growth Management Act (GMA) responsibilities shall be distributed to the Parties pursuant to a distribution formula mutually agreed upon. Prior to the end of each fiscal year, the distribution formula will be re-evaluated. Factors included in such re-evaluation will include per capita allocation based on the annual Office of Financial Management estimate of population and the projected need for multi jurisdictional programs requiring special skills consultants. Section 7: GENERAL PROVISIONS 1. Upon termination of this interlocal agreement, all real or personal property acquired by any of the Parties hereto with monies which they have respectively.received under Section 6 herein- - - - - above, shall remain the sole property of such Parties. 2. The Clerk of the Board of County Commissioners of Spokane County, shall, as provided for in RCW Section 39.34.040, file an executed copy of this interlocal agreement with the Secretary of State and Spokane County Auditor. 3. The section headings in this interlocal agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they appertain. 4. This interlocal agreement contains all the terms and conditions agreed upon by the Parties. No other understandings, oral or otherwise, regarding the subject matter of this interlocal agreement , shall be deemed to exist or to bind any of the Parties hereto. ~ 5. Should (1) any section or portion thereof of this interlocal agreement be held unlawful and unenforceable by any court of competent jurisdiction, andlor (2) should the Washington State ' Legislature adopt any legislation which is subsequently signed by the Governor affecting any sections or portions thereof within this interlocal agreement, ancVor (3) should the qualified electorate voters approve a combined City-County form of government as provided for in Amendment 58 of the Washington State Constitution, the Parties agree to immediately meet and amend this interlocal agreement as may be deemed necessary. GMA Joint Planning Interloca[ Agreement, as amended and approved October 9, 2003 7 Recommendations of the Subcommiltee of the GMSteering Co»imittee oJElected Dfficials, October 23, 2008 DRAFT MINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, January 20, 2009 Deputy Mayor Denenny called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Present: Councilmembers: Staff: , Dick Denenny, Deputy Mayor Dave Mercier, City Manager Rose Dempsey, Councilmember Mike Jackson, Deputy City Manager Bill Gothmann, Councilmember Cary Driskell, Deputy City Attorney Gary Schimmels, Councilmember Neil Kersten, Public Works Director Steve Taylor, Councilmember Ken Thompson, Finance Director Diana Wilhite, Councilmcmber Kathy McClung, Community Development Dir. Mike Stone, Parks and Recreation Director _ . . . _ _ . . _ , Steve Worley, Senior.Engineer Greg McCormick, Planning Manager Absent: Inga Note, Senior Traffic Engineer Rich Munson, Mayor Karen Kendall, Assistant Planner Lori Barlow, Associate Planner John Whitehead, Human Resources Manager Henry Allen, Development Engineer Rick VanLeuven, Police Chief Ryan Brodwater, Engineering Technician Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Roll Call: At the request of Deputy Mayor Denenny, City Clerk Bainbridge called roll. All councilmembers were present except Mayor Munson. It tivas moved by Councilmember Taylor•, seconded and unanimously agreed to excuse Mayor Munson from tonight's meeting. Deputy Mayor Denenny commented regarding today's historical events with the inauguration of the 44ch President, he mentioned that it brings to mind, on a smaller scale, what this Council does for its community; of proudly upholding the national and state Constitutions, and of being able to proudly serve in his Capacity as Deputy Mayor and Councilmember. New Emplovee Introductions: Finance Director Thompson introduced his two new finance employees: database administrator Phil Hennann, and accounting technician Sarah Davenport. Public Works Director Kersten then introduced his new employees: long-awaited stormwater engineer Art Jenkins, and Assistant Traffic Engineer Ryan Kipp, both of whom have their PE. Council greeted and welcomed the new employees. A. District Court Update - Carv Driskell Deputy City Attorney Driskell explained that last week he gave a presentation to Council regarding the contract we have with Spokane County and the Spokane County District Court; he outlined the short timeframe concerning notice of termination, and of Council previously authorizing him to discuss this issue with representatives of the Court and the County, and to request that if we were to decide to terminate the contract so we could perform a full alternative analysis, we would have some agreement to allow us to withdraw our termination notice within a reasonable time. Mr. Driskell said that he told the District Court an incorrect time frame, that the judges are scheduled to meet tomorrow to discuss this and Study Session Meeting Minutes: 1-20-2009 Page l of 7 Approved by Council: DRAFT let us know if they think there will be any problem with the new time frame; and said we proposed they consider us to revoke any termination notice through the end of December 2009, and we expect to receive that answer tomorrow. Mr. Driskell said he also discussed with this the Board of County Commissioners this morning, and they voted, with a two to one in favor (with Commissioner Mager not present) to extend to us the ability to withdraw any notice of termination througll December 1, 2009, which is the new time frame; which still gives sufficient time to engage in the alternate analysis and deliberative process; and once Council approved of giving notice, that we would receive a letter from the County Commissioners and the Court well in advance of the January 27 motion. It was also mentioned that we are performing alternative analysis for all our County contracts. The termination dates were discussed, including that the County would have to give a full year notice, plus the remaining time in the current year; but the state statutes do not give us the same option; and it was explained that we would have to issue notice prior to February 1, 2009, othenvise we would be prevented from electing a different service provider until 2014. It tivas also mentioned that the Board of County Commissioners understands what we are doing in this circumstance and the awkwardness of the situation due to statute timelines; and that if this Council wants to have the ability to do something different or respond and create an alternative service, the only timely option is to proceed with notice prior to February 1 of this year; as the other _ option is to wait until 2014. There was Council consensus to bring this forth for a motion next Tuesday to give notice of the termination of this contract, and to communicate to the Spokane County Board of County Commissions, the willingness of the parties involved to agree to December 1, 2009 as the end date of any possible revocation of the notice of termination. 1. J-U-B Street MasterPlan UQdate - Steve Worlev Engineer Worley gave a brief history of entering into a contract with J-U-B for the street MasterPlan, which includes the pavement management program and the transportation improvement program; and said tonight's presentation will focus on the pavement management program, and he introduced Chuck Larson and Dave Kliewer from J-U-B, who would give the PowerPoint presentation. Mr. Worley added that "Problem Statement #3" and the transportation improvement program could be discussed at a future meeting. One of the slides explained that once there is a 40% drop in road quality, for each dollar of repair not done there, delaying the pavement management once the qual ity drops further to a fair or poor quality, would escalate that same one dollar cost to a cost of $8 or $10.00; therefore it is less costly to put in an annual program over a five-year period to maintain the roads at 65%; and to maintain all the roads with a good, five-year program would cost an estimated $1.5 to $2 million. 2. Poe Street and Stormwater Maintenance Contract Renewal - Neil Kersten Public Works Director Kersten explained that the street and stormwater maintenance contract was approved in 2007 with a contract award to Poe Asphalt Paving; that the contract was for one year with seven, one-year renewal options; that it was renewed last year so this is the third year renewal; that they have done a great job taking care of the roads and he said this method has been very cost effective. Mr. Kersten said Poe has requested an average unit price increase in contract cost of 3.37%; in 2008 their liquid asphalt price was $44.00; and they are guaranteeing a maximum cost of $59.00 and have agreed to lower that price if the actual price of liquid asphalt results in a lower production cost to Poe. Mr. Kersten said staff is recommending approving the base contract to Poe Asphalt in the amount of $1,175,119. There was Council consensus to place this item on the next council agenda for motion consideration 3. Parkiog Restrictions - InLya Note Traffic Engineer Note cxplained that the City received a request from Central Valley High School to restrict parking along the school's Rotchford Road frontage; that the school would like to install a pass- through pedestrian gate on the backside of the school property to provide Shelley Lake area students with a more convenient walking route. She explained that the neighbors and school have concerns that this gate will lead to parking along Rotchford Road and have requested a 24-hour No Parking zone be implemented prior to them installing the pass-through. Ms. Note mentioned that the area size is enough Study Session Meeting Minutes: 1-20-2009 Page 2 of 7 Approved by Council: DRAFT to accommodate on-street parking, and with the pass-through it would likely be a tempting parking place; however, she mentioned that parking is not used there now, and since the school and the neighborhood agree, staff sees no reason to disregard the request. Ms. Note added that a request has also been received from Greenacres Elementary School to restrict parking along the school's frontage; to create a No Parking zone on both sides of I,ong Road and 4fl' Avenue on schools days from 8:30 a.m. to 3:30 p.m., and that the restriction would reduce on-street congestion and would mean that students would not be crossing the road between parked ca.rs; she mentioned that neighbors of the school were sent a letter describing the proposal and one comment was received in favor of the parking restrictions; adding that additional lettcrs will be sent out if this is added to a future council agenda. There was Council consensus to add this Resolution to the next council agenda for consideration. 4. Comprehensive Plan Ouarterlv Update - Grei! McCormick Planning Manager McCormick explained that staff is moving forward with the annual amendment process, that they received one privately initiated map request by the cut off date, and that is being processed; that a study session is scheduled February 12 with the Planriing Commission which will go through the City and the privately initiated amendments; that the Planning Commission public hearing is _ set for.February -26; and this is tenta.tively set to come before Council March 10, which date could be changed if the Planning Commission hearing needs to be continued. Mr. McCormick said the city- initiated changes are some text amendments to update with the six-year Transportation Improvement . Plan; and some map changes regarding public, quasi-public designations which are currently causing some confusion. 5. CenterPlace Food Services Contract - Mike Stone Parks and Recreation Director Stone stated that CenterPlace is moving forward with the intent to have a non-exclusive in-house caterer for 2009; which is in direct response to a marketing plan previously approved by Council in 2007; that request for proposals were sent out, we received eight responses, and those were narrowed down to four finalists who participaied in interviews and taste testing, and as a result, Beacon Hill was chosen as the most qualified and experienced food service provider. Director Stone said that the benefits of this proposed contract include additional revenue, improved customer service and convenience, all which gives more flexibility for handling multiple events. A question concerning additional insurance and/or bonding requirements was asked, and Deputy City Attorney Driskell said he would research that for next week. There was Council consensus to place this on the next regular agenda for council consideration. 6. Universal Plavground Final Design Update - Mike Stone Parks and Recreation Director Stone said that he invited some special guests to join him who were members of the team for the final design of the Universal playground project; and explained that he seeks Council consensus to proceed with construction documents and the nublic biddininprocess, and to chanQe the name to "Discoverv Plavzround. " Dream team members Carol Henry and Thom Vetter explained the design layout of the playground, said fihat this will be in the big area in front of CenterPlace, will contain about 35,000 square feet, and the theme of the park would be exploring eastern Washington. After hearing from Ms. Henry about the layout, including security measures such as gates, fences, and landscaping, Mr. Stone mentioned future policy issues to consider would include staffing or working with volunteers, and operation and maintenance. Discussion turned to the park's name and Mr. Stone said the original name was "Children's Universal Park," and the group wanted to see if something else would be more appropriate, that it would be designed for kids but that they wanted others to feel comfortable there; and that there was some confusion about what university it was connected to; and after talking with members of the original Mirabeau Trust, no one felt the need to keep the original name; and he added, the public seems to like it as well. Mr. Stone said the park could be expanded if needed, and the current configuration would likely com#'ortably hold 100 to 150 at a time; that the construction document phase would likely take three to four months; and another month to advertise and hire a contractor, which means Study Session Meeting Minutes: 1-20-2009 Page 3 of 7 Approved by Council: DRAFT this won't be completed until the spring of 2010. City Manager Mercier said a formal motion is not required, as this is a check-in process. There was Council consensus to proceed as requested. Deputy Mayor Denenny called for a recess at 7:40 p.m., and he re-convened the meeting at 7:50 p.m. 7. Airport Overlav - Karen Kendall & Gree McCormick Planner Kendall went through her PowerPoint presentation giving the history of this issue, pointing out the areas of concern in Zone 6, and explaining the density requirements and limitations; and she pointed out on the overhead map, the areas in zone 2, 3 and 4 which are not in the areas of question. As a result of the October 9, 2008 Planning Commission meeting, four options were presented and a fifth option was added by the Planning Commission; that there were several airport groups at the Planning Commission's October 23 public hearing, where people e.cpressed concerns with the increase in density, that it would limit operations at the airport based on the additional noise; and she explained that properiy owners also expressed concerns about limitations to develop their property; and the public hearing was continued to allow more time for the airport groups to meet with staff; and that such meeting was held October 31. Ms. Kendall further explained that the public hearing was continued to December 11, and there were no new comments from the airport groups; but they received one comment from the Washington State Department of Transportation, which is included in the packet; and the Planning Commission voted on a motion to forward staff's recommendation, which motion failed four to three; but they passed a motion six to one to direct staff to create an advisory committee and conduct research and return in no more than three months for a public hearing. City Manager Mercier added thai we are bring this to council because after being presented to the Planning Commission, it did not result in a recommendation; and they have a pending request for fiirther examination, so Council can determine if it wants to authorize the creation of an advisory committee to an advisory committee, which is what would be happening as the Planning Commission is the advisory committee; or Council can consider all comments and formally take on the matter. Councilmember Gothmann indicated his preference of bringing this to Council to make a decision, and he requested that staff bring aircraft accident statistics, specifically on Felts Field; and could perhaps use the pattern to determine the probability of statistics within a certain area; and said if he recalls correctly, the accident rate is so low it might not be worthy of consideration, but he would like to have those statistics available; going back perhaps ten or twenty years to get an idea of the traffic statistics. 1n response to Councilmember Taylor's suggestion, Planner Kendall gave a brief overview of the options, including option #4 to allow the density of the underlying zoning within Zone 6 based on complying with one of the listed exceptions; which was the recommended staff option; and discussion continued on the exceptions in option #4, and comparing option #4 with some of the other options, and of being able to build versus being able to subdivide, and of sotindproofing. Councilmember Dempsey mentioned that the letter from the Washington State Department of Transportation states that options 2 through 5 are in direct contradiction with the GMA requirements, and she asked about the ramifications if one of those options were chosen. Ms. Kendall said should could not answer that directly without researching her notes, and Deputy City Attorney Driskell said his office will answer that question prior to the next time this issue is considered by Council for action. Councilmember Taylor mentioned that regarding an e-mail response from Ms. McClung on this topic, he said when Council went over the different low density residential zones, R1 through R4 back in 2007, Council had discussed the criteria of everything that was low density residential north of 16th Avenue, would be placed in the R3 zone, except for the particular areas in the north Greenacres neighborhood that were carved out; and that the airport overlay zone had been approved prior to that, but when Council turned that area north of 16" all into R3, the underlying zone, which is underneath the airport overlay zone, did not get changed, which is why we have the R2 and R4 zones; and he said there is nothing on the record saying that we were going to change the underlying zone there to R3, change the R2s to R3, Study Session Meeting Minutes: 1-20-2009 Page 4 of 7 Approved by Council: DRAFT however, there is nothing in the record that states Council did not mean to do that; and as the maker of that suggestion back in 2007, he said it would have been his intention to have the underlying zones with the airport overlay zone, to be the R3 and the R4, whichever was already existing with the R4; and he said he is not sure of the process to resolve that, that we have what's in there right now, the development regulations, and zoning map was adopted, but he said he does not know if this is an issue Council wants to revisit; and stated again his intention in making that request concerning everything north of 16`h, would have included the area underneath this particular zone. Deputy Mayor Denenny said the question to consider now is whether Council wants to move this back to a subcommittee. Councilmember Gothmann, in response to Councilmember Taylor's concern stated above, said that development regulations and the comprehensive plan have been approved; and if a change is warranted, that perhaps it should be done via a comp plan amendment; and feels any change would necessitate that amendment process. Councilmember Taylor concurred, and said that he believes there was a miscommunication between the motion that was voted upon and what was put in place by staff; and said he recognizes that that can occur; but is asking since we are dealing with the airport overlay issue, ne questioned why there is R2 underneath instead of R3. Councilmember Gothmann added - that that issue wasn't examined, and he has no problem in examining that in the future; - but for the - - present, he said Council can deal with the overlay zone the way it currently is. Councilmember Taylor said he agrees with Councilmember Gothmann, that he feels the Planning Commission has had ample time to examine this and has no recommendation to Council; that staff has done considerable work in providing various options; there has been numerous public comments especially frorn the individual landowners in that neighborhood, and he sees no benefit to extending this for another three months before it comes to Council again for action. Deputy Mayor Denenny asked if staff feels the airport interest groups have had adequate say in this matter, and Ms. Kendall said she believes it has been clear in the time they have been allowed to speak, including the time that she and Mr. McCormick met tivith representatives of the airport groups; that she can't address if that group llas had ample time, but they have been noticed for the public meetings and believes they are aware that the public meeting and public hearing has been closed. Councilmember Gothmann said that for Council to consider this, he would like to have copies of the testimony taken at the Planning Commission hearings and meetings. Deputy Mayor Denenny added that he owns an aircraft that he keeps at Felts Field; and said that the biggest interest in this is the noise concern; that he feels the statistics will not demonstrate any warranted need for more control because of safety, but that noise is the emphasis, and of notifying subsequent owners to properties in that area; and he would like to include some component of notification to any purchaser that they acknowledge the existence of aircraft noise; and anything that Council could do to mitigate that noise, sucb as sound installation, and that the area will likely increase in the future and the runways will be expanded, which will bring increased use to the airf eld. Councilmember Gothmann mentioned that although he has been inactive, he has a private pilot license. City Manager Mercier said the statements from Councilmembers Gothmann and Denenny would likely not be viewed as a conflict of interest, unless there is pecuniary interest in the property being considered.,Mr. Mercier also added that while no Council public hearing would be necessary, it has been established that public comment is taken when Council considers ordinances at the first and second reading opportunities; and Mr. Mercier recommended this issue be brought back for further discussion so staff can present accident data, and have available other research requested during tonight's discussion. Mr. Taylor said he feels it would be important to include surrounding jurisdictions for comparative purposes, such as Millwood and the City of Spokane, all of which fall under that Zone 6 for Felts Field, in that it would be good to see those City's zoning classifications and what type of residential areas are built out under Zone 6, to compare with what we have on the ground. Councilmember Taylor also asked if it is possible to have real estate notification on all residential properties within Zone 6, so that any time there is a transfer of ownership, new residents would have to sign an acknowledgement that they are in an airport zone. Mr. Mercier said staff will research that as well. Study Session Meeting Minutes: 1-20-2009 Page 5 of 7 Approved by Council: DRAFT 8. Subdivision Re2ulations Code Revisions Title 17, 20, Appendix A- Lori Barlow, Henry Allen Planner Barlow went through her PowerPoint presentation concerning proposed changes to Title 20, subdivision regulations; and said that many changes are to clarify vague areas or correct errors or omissions; but she said for tonight she would highlight those changes which will result in some change to the process; and she proceeded to explain those proposed changes. Mr. Mercier said that these changes could be ready for a first reading at the February 10 meeting, but asked Council to keep in mind that the schedule is elective, and if Council has any issue with any of the policy points, to please flag those for sfiaff for further research and/or discussion. Concerning 20.20.020 Exemptions B.S: "A division of land for bovernment or public purpose," Councilmember Taylor asked why that would be an exemption from the subdivision process. Ms. Barlow explained that provision was previously in the County Code, but that did not get carried forward in the regulations adopted in October, but staff felt that was used in the past and would therefore be a good provision to include; and she added that that provision is not a part of the statutes, but that the Hearing Examiner recently brought that issue to Attorney Connelly's attention, and she said that Mr. Connelly is reseazching that particular exemption; and at the time of the first reading, Ms. Barlow said she will explain if this should or should not be exempt, based on Mr. Connelly's . . research. Deputy City Attorney Driskell added that the example in question was the Greenacres Park with the Brown Property, to create the life estate. Mr. Mercier mentioned that just as Council makes distinctions about other exemptions that might be warranted, he asks Council to keep in mind that often there are specific and beneficial public purposes that can be achieved by the local govemment, particularly the example that was just given; and often the reason government asks to be exempt is so they can produce a greater good for the community. Councilmember Gothmann asked why there would be a provision for alleys. Engineer Allen meniioned that in our new street standards, we are bringing back alleys, and that part of that rationale is, in case there is a re-development plan which gets adopted which tivould have alleys as a part of it, we would want our street standards ready to provide engineering suggestions as to how those alleys should be done; and that the alleys would be public where they would connect to streets. Councilmember Gothmann then stated that it appears the alleys would belong to the City therefore the City would be responsible for the maintenance; and he asked under what provisions would alleys be required. Ms. Barlow said that this particular provision in the subdivision code is stating that if it were a requirement of the part of the subdivision to have an alley, then they would be required to construct it prior to the final plat being recorded, but the real discussion for when or if an alley would be required, is yet to be finalized with the street standards; and she reiterated that if the alley is required, then it must be constructed prior to filing the final plat. In response to Councilmember Gothmann's questions, Ms. Barlow explained regarding non-street standards, that there could be a gap concerning bonding if neither these provisions nor the street standards provisions were passed; and Ms. Barlow said that the City Attorney's office has been working with them and that office would address that if the situation presented itself; and that Attorney Connelly could likely provide a more-in-depth explanation of that during this ordinance's first reading. There was Council consensus to have that first reading February 10, 2009. It was moved by Councilmember Gothmann, seconded and u»animously agreed to extend the meeting to 9:15 p. m 9. Advance Aeenda - Denutv Mayor Denennv Deputy Mayor Denenny mentioned next Monday's special meeting, which will be entirely devoted to discussing the Sprague/Appleway Revitalization Plan. City Manager Mercier said staff will work to schedule the airport overlay for future council meetings, and added that there will be no executive session tonight, but one will be held next Tuesday instead. Study Session Meeting Minutes: 1-20-2009 Page 6 of 7 Approved by Council: DRAFT 10. Information Onlv: The Alternative WinteY Road Provider and Stormwater Stimulus Project were for ir formation only and were not discussed or reported. 11. Council Check-in - Deputv Mavor Denenny n/a 12. Citv Mana2er Comments - Dave Mercier n/a EXECUTIVE SESSION: Pending Litigation. It was announced there would be no executive session tonight. There being no further business, Depuiy Mayor Denenny adjourned the meeting at 9:05 p.m. ATTEST: Dick Denenny, Deputy Mayor Christine Bainbridge, City Clerk Study Session Meeting Minutes: 1-20-2009 Page 7 of 7 Approved by Council: DRAFT MINUTES SPECIAL STUDY SESSION MEETING SPOKANE VALLEY CITY COUNCIL Spokane Valley City Hall Spokane Valley, Washington January 26, 2009 6:00 p.m. Attendance: Councilmembers Staff Rich Munson, Mayor Dave Mercier, City Manager Dick Denenny, Deputy Mayor Mike Jackson, Deputy City Manager Rose Dempsey, Councilmember Kathy McClung, Community Develop. Dir. Bill Gothmann, Councilmember Cary Driskell, Deputy City Attorney Gary Schimmels, Councilmember Scott Kuhta, Senior Planner Steve Taylor, Councilmember Lori Barlow, Associate Planner Diana Wilhite, Councilmember Carolbelle Branch, Public Information officer Chris Bainbridge City Clexk Mayor Munson opened the meeting at 6:00 p.m. , 1. Sprague-Applewav RevitalizaNon Plan - Scott Kuhta Planner Kuhta explained that the discussion on pre-located streets will be postponed as the legal department continues their research; and said that tonight's meeting will focus on the three remaining chapters: Parking, Signs, and Architechiral Standards. Mx. Kuhta reviewed the decisions made during the January 12 and January 13 meetings, and said sta.ff is still working on a more succinct definition of "high quality" concerning the bars and nightclubs. Parking: Mr. Kuhta reviewed the parking standards provisions, and said that no specific comments were received from the public concerning parking. Mr. Kuhta also.reviewed the proposed revisions for shared parking as he said there is nothing in the code that explains that now. "2.4.2 Parking Standards: 1) Provisions iii) For use categories where shared parking is required, parking facilities shall remain open for non-exclusive, public use. iv) Minimum parking requirements may be reduced in developments where it cao be demonstrated that shared parking facilities will meet parking demand without providing separate facilities for each use. Mixed use developments are eligible to be considered for reductions in the minimum parking requirements with an approved parking demand analysis prepared by the applicant. Mixed use projects will be evaluated on a case-by-case basis by the Community development director/designee." Mr. Kuhta reviewed the hierarchy of access shown on pages 8 of 10, mentioned curb cuts were reviewed by our development engineers but that he has not received any feedback from that review yet; and said he recommends after reviewing these in more detail, that staff look at the Spokane Valley Municipal Code (SVMC) as the requirements for landscaping, as he explained it makes more sense to refer to the Code as it is more detailed and easier to administer. Deputy Mayor Denenny said he would like to see a comparison of the Code and the Plan's requirements, and he asked that staff and council might explore whether core parking requirements should perhaps be different from other areas. Mayor Munson asked about lighting and Mr. Kuhta said lighting requirements are mixed throughout the chapter; and said he Counci! Meeting Minutes: 01-26-09 Page 1 of 3 Appr•oved by Council: DRAFT will bring those requirements and comparisons back to Council as well and again mentioned that the Code contains more specific language. Signae~. Mr. Kuhta said the three main issues of signage, which differ slightly from the SVMC include: 1 Billboards not being permitted: there is no off-premise advertising; and the sizing restrictions actually restrict billboards without using the language that no billboards are permitted. 2 Electronic signs are only permitted in the gateway commercial zones (page 2 of 36): Mr. Kuhta said this will be further examined in the auto zone; at which point Councilmember Wilhite said she tivould like an exact definition of electronic signs, i»cluding video boards. Councilmember Gothmann said he would like to also address animated signs and wllere those might or might not be permitted. 3 Total amount of building mounted signage based upon lineal frontage ratio (2 of 36). There was discussion about the billboards currently along Sprague being grandfathered in; that electronic signs would not be allowed unless in the gateway commercial area; the proposal of not allowing electronic signs anywhere in the corridor except gateway commercial; discussion of different types of electronic signs like gas stations, or those which only change the numbers, or only change the letters, and discussion on what type to allow where; of setbacks and not allowing off-pr.emise advertising; that electronic signs would be allowed on building faces; that time and temperature signs are allowed as an exception; and that Mayor Munson, and Councilmembers Gothmann, Dempsey and Wilhite agree that scrolling-type electronic signs should be allowed; but Deputy Mayor Denenny said that needs to be examined further as he doesn't want large flashing signs that inhibit walking or accessibility in the city center. Concerning advertising inultiple businesses,Mr. Kuhta said he will research that. Councilmember Taylor asked about the issues connected with electronic signs, whether it would be the intensity of the lights, or on a more subjective basis like aesthesis. Councilmember Gothmann agreed the intensity of electronic signs should be addressed, and Council determined they would like examples of what would be allowed or not allowed in any area so that developers could make infonned signage decisions. Mr. Kuhta said he wil( also research a definition for animation. There was discussion on the edits contained on page 4 of 36, and Mr. Kuhta confirmed that page 4A will have a reference to the municipal code. Mr. Kuhta also brought council's attention to figure 2.6, and said he is not sure why a grand projecting sign would not be permitted (page 7 of 36). Portable menu signs were also discussed (top of page 15), and Councilmember Wilhite questioned why retail stores would not be allowed to have portable menu signs. Mx. Kullta mentioned he will re-examine numbers i) and ii) under a) Standards; and there was further discussion on A-frame, sandwich boards signs and whether to allow then closer to the curb or the building, and of the idea of allowing sandwich boards in the Core area, and that it could always be changed later. There was also discussion on what actually is and is not a sign; with mention that the definition covered in the SVMC should suffice. Mayor Munson called for a short break at 7:15 p.m., and reconvened the meeting at 7:25 p.m. Mr. Kuhta brought Council's attention to the slide explaining the "Lineal Frontage Ratio" and of page 7 of 36; and Mayor Munson said that this topic would be a good topic to have some "what-ifs" to explain this concept. Council recommended removing that they have to be mounted below the second floor; and it was decided that staff will re-write page 2 of 36 under standards #8 as that language is confusing. Mr. Kuhta said future discussion will include electronic signs and whether to allow billboards, and said staff will ensure the public will be made aware of these proposals and be made aware these are being considered. Mr. Kuhta said he would have to research to see if inflatables are allowed in auto row and said he is not sure why we would regulate the Gateway Avenue different from the Centers. Freestanding pole signs were discussed and Councilmember Wilhite said she can discuss this with the franchisees later. Mr. Kuhta added that Council could require monument signs to be standard or not, and reminded Council Council Meeting Minutes: 01-26-09 Page 2 of 3 Approved by Council: DRAFT that the "guidelines" are not enforceable; and regarding monument signs, there was Council consensus to change the 4 feet residential boulevard height requirement to 7 feet . For the future sign discussion, Mr. Kuhta said he will bring pictures of the different types to aid the discussion in where types of signs should be or should not be permitted, how often an electronic sign should change, brightness, measuring impact, aesthesis, and subjective interpretation. Architectural Re2ulations: Mr. Kuhta again reminded Council that most of what is written are guidelines, which cannot be enforced; as the standards are the only things we can enforce. Mr. Kuhta explained the handout on "Massing and Composition" and the District Zones Charts, with the examples of mixed use avenue versus neighborhood center; and asked if Council sees any guideline that should be moved to standards, to please bring that to staff's attention; and said some projects are in progress, and as Council moves closer to adopting this plan, the idea of baving a grace period might also be considered. Mayor Munson asked Council to think about holding additional meetings, and said that perhaps after the February 3 meeting, it can be determined how many more meetings might be needed. There being no further business, Mayor Munson adjourned the meeting at 8:45 p.m. ATTEST: Richard Munson, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes: 01-26-09 Page 3 of 3 Approved by Council: DRAFT MIlYUTES City of Spokane Valley City Council Regular Meeting Tuesday, January 27, 2009 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 152°d meeting. Attendonee: Citv Staff. Rich Munson, Mayor Dave Mercier, City Manager Dick Denenny, Deputy Mayor Mike Jackson, Deputy City IVlanager Rose Dempsey, Councilmember Mike Connelly, City Attorney Bill Gothmann, Councilmember Mike Stone, Parks & Rec Director Gary Schimmels, Councilmember Cary Driskell, Deputy City Attorney Steve Taylor, Councilmember Ken Thompson, Finance Director Diana Wilhite, Councilmember Neil Kersten, Public Works Director Steve Worley, Senior Engineer Inga Note, Senior Traffic Engineer Micki Harnois, Associate Planner John Whitehead, Human Resources Managcr Greg McCormick, Planning Manager Carol Carter, Customer Relations Coordinator Rick VanLeuven, Police Chief Carolbelle Branch, Public lnformation Officer Bill Miller, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Bill Dropko of Greenacres Christian Fellowship Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance. ROLL CALL: City Glerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENUA: It was mOl}ed bi' COI/ITCJII?1embel' TUylor, secotrcled uncl 11IJQRlIT10uS1 ti' agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD. LIAISON SLfAIIVIARY REPORTS: Councilmember Schimmels: reported that he attended the Council of Govemance meeting last week at the Fairgrounds, and that they had good representation, and discussed the water rights issue, and said he would lilce that as a future council agenda item. Councilmember Tavlor: expiained tllat he attended the Developer's forum held by the City with members of our engineering staff, and that John Hohman and others did a fantastic job discussing street standards; and mentioned he also attended the Council of Governance meeting. Deouri Mavor Deneonv: said that he attended the Council of Governance meeting; and he and Councilmember Gothmann met with County Commissioner Todd Mielke. Councilmember DemQsev: mentioned she attended a GMA discussion 6ere by City Attorney Connelly; and she too attended the Council of GovernanGe meeting Friday. Couocilmember Gothmann reported he met with some of the Edgeclift members where they discussed using Edgeclift as a resource for us or vice-versa, and of what kind of cooperation can take place; he attended the GMA Steering Committee meeting where Susan Winchetl discussed collaborative grants and Council Regu(ar Meeting: 01-27-2009 Page 1 of 9 Approved by Council: DRAFT the next phase of looking at possible revenue sources, and said that Greg McCormick gave an update on the UGA growth areas and indicated he'll provide a schedule of future dates concerning the UGA process; that he attended ihe Health Department meeting where they decided to look at various organizational structures and that they will be moving forward with recruitment for the new Health Officer, and that he spoke with Jennifer Hanson of the Health Department concerning smoking cessation programs; and mentioned he was elected as Vice Chair for this year. Councilmember Gothmann also reported that during the Council of Government meeting, water rights were discussed, including mention that the Department of Ecology is trying to gattier all unused rights; and that at the Chamber of Commerce Batl, he witnessed Diana Wilhite, as last year's Person of the Year, give the award to Ian Robertson, this year's recipient. Councilmember VVilhite: said that she attended the GMA meeting and mentioned tlle change in meeting dnte for next month and said that Susan Winchell will be giving a presentation then; that she attended the Spokane River Forum at CenterPlace where they discussed water issues and water quality; that she was privileged to announce at the Chamber of Commerce ball that Ian Robertson is this year's Citizen of the Year; and she complimented Spokane Valley staff for a great job on presenting the Developer's forum; MAYOR'S REPORT: Mayor Muoson reported that he attended the IIusiness Association meeting January 8; that he and Mayor Verner met and discussed areas of common interest as they worked to develop a list of things both entities can begin to discuss and see if there are ways to cooperate on several issues; that he met with ihe superintendent of the West Valley School District; he attended the STA Board meeting where Deputy Denenny chaired his first meeting; he and Councilmember Wilhite both commented on the Spokane Regional Transportation Council meeting and of a proposed change in that board's membership; he attended the Greater Spokane, Inc. Board meeting where the stimulus package was discussed, and Mayor Munson mentioned we should not be optimistic concerning this region's transportation funding; that he attended the 911 I3oard meeting today where they are moving forward with the reverse 911 for this region; and that he met with Susan Wincheil today to discuss topics for the next GMA Steering Committee meeting. PUBLIC CUMMENTS: Mayor Munson invited general public comment; no comments were offered. Mayor Munson then recognized and welcomed members of the judiciary in tonight's audience: Judge Tripp, Judge VVhite, Judge Peterson, Judge VValker, Court Commissioner Seines, and DisVict Court Administrator Rmkwood. 1. PUBLIC I1EARING: Amended 2009 Transportation Improvement Plan (TIP) - Stcve Worley Mayor Munson opened the public hearing at 6:20 p.m. and invited Engineer Worley to the podium. Mr. Worley explained that as we do at the beginning of each year, this is the annual update to the 20091'IP; that since the adopcion of the 2009-2014 TIP, staff submitted three grant applications, and die Indiana Avenue Extension project was selected for funding. Mr. Worley explained about the carryover projects from last year; and that staff issued a Request for Qualifications for design services for preservation projects and improvement projects for potential funding from the Federal Economic Stimulus Package, as it is reported ttiat projects eligible for this funding must be ready for bid within 180 days after funds become uvailable; and said staff recommends that the 2009 TIP be amended to reflect the deletion of projects that did not receive funding, and to include those projects that were not completed in 2008 and have been carried over to the 2009 construction year. Mayor Munson invited public comments. No comments were offered and Mayor Munson closed the public hearing at 6:25 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approvcd as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Claim Vouchers, Voucher # 16366 lhrough # 16422; $410,643.53 b. Payroll for pay period ending January 15, 2009: $255,308.98 c. Approval of Council Study Session Meeting Minutes of January 6, 2009 Council Regular Meeting: 01-27-2009 Page 2 of y Approved by Council: I)fl:ll'7. d. Approval of'C.:ouncil 5pc;cial S11.1d) s~~~IO►I tiiCCtill" 1%1111uW5 ot'Jan11:1r.\ 12. e. Approval of Council Regular Meeting Minutes of January 13, 200t) It was nroved hY C_'otntcilnterther Tmvlnr, ,sPConclerl, rnrd tencmimnrr.sIv ro C11)r?r<WC tir<, co»1.sc>rt agenci, , 1'EW BUSINESS: 3. Pronosed Resolution 09-002 Restrictine Farking - lnga << It was moved by Councilmember Taylor and seconded to Engineer Note summarized what was discussed last week; adding that she has not received any writteri comments since the last meeting, did receive a phone call inquiring about the date of tonight's meeting. and said there have been no changes since the last meeting. Mayor Munson invited public comment; nr comments were offered. Vnte hi• .9crlamntinn: Irr Fcwor: tlrrrniinrons. Onpo.sed.' Nnne. Ahstentrnm None. Motion carrie, 4. ProDosed Resolution U9-003 Arncncfuiv- 20U9 [-Il' - Stc;vc; orl, ~ It was moved by Councilmember Wilhite and secorrded to adopt Resolution U9-UU3 the unretided ZUUy III' as presented by staff. Engineer Worley explained that this is the resolution to adopt the amended 2001? TIP; he added if there is a second "wave" of stimulus funding, staff can come back for other revisions: that the economic stimulus funds can only be used for construction and not for right-of-way or design. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor.• Unanimoris. Opposecl: None. Abste»tions: None. Motion carried. 5. Motion Consideration: CenterPlace Food Services Contract - Mike Stone It was moved by Councilmember Taylor rn7d seconded to npprove the CenterPlace Food Services Contracl with Beacon Hill Events cmd authorue the City Mcmager or designee to approve the annual renewals. Parks and Recreation Director Stooe said this issue was discussed last week; he went over the cantract highlights and benefits of the contract; and he and Mayor Munson thanked Carol Carter fon cer work on this project. Mayor Munson invited public comment; no comments were offered. Yote 1> Acclamation: In Fava•: Urranirnous. Oppvsed: 14'one. Absteirtioirs: A'one. tllotion can•ied 6. Motion Consideration: Poe Street & Stormwater Contract Renewal - Neil Kersten It was moved by Councilmember Taylor a»d seconded to approve the renewal contract io Poe Asphalt Pavir:g Inc. in the amount of $1,175,119.00 Public Works Director Kersten explained the pracess of acquiring this bid as noted in his January 27, 2009 Request for Council Action form, adding thai if the price of liquid asphalt goes down, Poe will correspondingly lower their price. Mayor Munson invited public comment. Steve Robinson. CEO Saokane Rock Products, 4418 East Sh Avenue: Mr. Robinson said his company has its corporate headquarters within our city limits; they have over 200 employees and provided a competitive bid at the time and he was told ihe award went to Poe because overtime would not be a part of that contract; but he said he sees overtime is; that regarding experience, he has been in this field of work over 30 years; and that his company works all over the community; that he would like the opportunity to bid on this contract and provide jobs instead of having funds go across to Idaho where Poe has its headquarters; and he requested Council table this motion and to put this out for a competitive bid. There followed discussion about reasons or what criteria we would follow if we did not move forwai-,'. with automatic renewals; and Public Works Director Kersten said if not, we would have to go throug:: another selection process; he said that Rock Products was included in that process but was not selecte~- that the contract clearly stated it would have seven, one-year renewal terms so that we mighht acquire :hetter price; that there were prices for overtime in the original proposals, but we general I,. Approved by Councii DRAFT as the work normally talis during the regular Monday through Friday, eight to five work day. City Attorney Connelly said the project was put out to bid in 2007, and reiterated that the contract called for the seven, one-year renewals; that public works recommends it be renewed for this year, or we can terminate with minimal notice if there is a problem with performance; and once it runs out, it goes out for public bid. Councilmember Taylor mentioned that it would be more difficult to work with private contractors if they didn't have knowtedge that there would be some type of continuity. Councilmember Schimmels suggested looking at that closely if someone protests, that no one ever questioned the renewal effort of other bids; and it was then n:oved by Councilmember Schimn:els cmd seconded, to table this for thirty duys. Vote by acclamalio» v» the motiwi 1o table: In Fuvor: Deputy Mtryor Dertenny, uiid Councilmenrbers Schimmels and Dempsey. Opposed to the motion to table: Mayor Munson, arrd Councilmembers Goth,nann, Wilhite and Taylor. Motion to table failed. Councilmember Gothmann said he would not be opposed to having the issue of the seven, one-year contract renewals discussed in general, or the merits of renewal contracts; and Councilmember Schimmels said he would agree with the seven, one-year renewals if it were for equipment rather than for services. Vote by Acclamation ai the original motiun to approve the renewul contract to Poe Asphalt Paving I»c. in the amotmt of $1,175,119.00: In Favor: Ma}por Mrmson and Councilmembers Schimmels, Dempse ' v, GoIj11NU111J. I(Il'lor cmcl lf'il/iite. C)ppo,SC'd: Dc°f)llly l1fL71'0!' DC'llCillT1'. AI).SIE'lllt(1115: NO11C'. MOllnlJ i'Cf!'YIC?ci. 7. Motion Consideratiori: District Court Contract - Carv Driskell It was moved by Councilmember Taylor and seconded to authoj•iZe the C'irYHcrnuger ar clestgl1eE' tu gii-e Spokane County and Spokane Co:urty District Court notice of termination of the Interlocal Agreement for costs inciclent to adjudication of misdemecmor and gross misdemearror offenses in the City of Spokane Valley, pirrsuant to RCW 3.50.821 and RCW 35.20.010, and i►r accordmice with the agreement of the parties that such notice of termipration rnay be revoked by the City prior to December 1, 2009. Deputy City Attorney Driskell mentioned that the more appropriate citation would be RCW 39.34.180 instead of those two mentioned; as that provision refers to the other two provisions for the authority and the timeframes under which the notice would be given; and it was moved by Cotmcilmember Taylor rn1d seeonrlecl, lU (lIIIC'1l(I hl,s niotic»l a.c ,stclted tivith the RC11' 39.34.1 8(1 rutlrei• rherr the prevlUllSlv stutecl RC,if's. Deputy Ciry Attorney Driskell explained that last December, Council provided direction to staff to perform altcrnative analysis on the seventeen contracts we hold with Spokane County; that staff determined that the District Court contract had a different termination period (based on state statute) then the other contracts; resulting in requiring an immediate analysis; and if the City wanted to perform an alternative analysis o❑ this contract, it would need to give notice prior to February l, 2009 for the contract to end December 31, 2010; a period of almost two years; and if the City failed to do that, we would not be able to form our own court or use any other providers until January l, 2015; that an alternative analysis would be irreievant if we did not examine the option of terminating the contract. Mr. Driskell said staff outreached to the contracting partners to discuss an agreement to allow the City to revoke that termination notice, up to December 1, 2009; which they agreed to. Mr. Driskell said that the District Court agreed and made it clear that they value our contracting relationship and take a great deal of pride in the services they provide, and said they would have preferred we did ❑ot feel compelled to perform the alternative analysis. Mr. Driskell said that he was advised today that if Council passes a motion to give notice of termination, Spokane County and District Court will notify the State Administrator of the Courts of the need to reduce the total number of judges allotted by the legislature, from ten judges to eight judges; that the number of judges is based on an objective workload analysis performed annually by the Court; and if such notice of termination were revoked, Mr. Driskell said the Court would anticipate filling any judicial position to cover the increased caseload, with one or more court commissioners. Mr. Driskell further stated that if this motion is passed, staff anticipates simultaneously performing the court analysis along with four other C'ouncil RegularMeeting: U 1-27-20(~9 F'ae;e 4 of I Approved by Council: DRAFT senlices, i.e. Prosecutor, Public Defender, Pre-vial Ser-vices, and Probation due to the inter-related nature, and because it may be if the City determined to start its own court or contract with another entity, it would either be uneconomical or impractical for the County to continue with the other related contracts. Councilmember Gothmann asked about the affects on the County and judges if this motion were not passed; and Mr. Driskell said he would prefer to leave that to the judges rather than speak for them. Deputy City Attorney Driskell stated that if this motion were passed, there would be no change from our standpoint in the provisions of service for the remainder of 2009 and all of 2010. Mr. Driskell also mentioned that since staff would be working on all five contracts simultaneousiy, the alternative analysis would likely take up to December 1, 2009, and that he would work to shorten that time frame if possible; keeping in mind that Council would need time to deliberate upon the alternative analysis. Deputy Mayor Denenny asked if it would be beneficial to solicit aid from an outside agency to assist with the altemative analysis; and Mr. Driskell said he had not given that any consideration; and City Manager Mercier said il, we feel we are capacity constrained in conducting the analysis within a reasonahle time, we wot,ld turn to~ outside assistance, but that we do not anticipate such need at this time . ln response to Councilmember Gothmann's reiteration of wliat would happen it this motioci \kcrc or v~c►-c not passed, City Attorney Connelly said that if this aotice is given, the contract continues as is currently written for 2009 and for 2010; and if notice is given and then revoked, it is possible there could he mo~re commissioners and fe\ier jucigc5 pcrtonning the scnices. Mayor Munsoii invited public comment. IZick Wliite. District Court Judve: stated that he is the Presiding Judgt, asid is gratCf'ul t'or this communication opportunity; he acknowledged the event which preceded this discussion: something to do with a disagreement with the County about snow removal, and that it had nothing to do with public safet}' issues; he said he realizes the City of Spokane Valley is and has been happy with the services provided by the Court; that about three months ago the County Commissioners approached him to discuss closing the Valley Court as the cost to provide security is very expensive; and said he responded with a resounding "no." Judge White said they have a presence in the court weekday mornings and evenings; with a special DUI court held every other week; there is a presence in the Va11ey Substation of the probation office on a part-time basis; and he stated he is pleased with the outcome of the intended goal of having positive relationships with the City; and said if the letter goes out tomorrow to the Board of Count-% Commissioners, then tomorrow afternoon another letter will go to the Chief Justice of the Supreme Court and efforts will be made, and he said he anticipates those efforts will be successful, to reduce the number of judges authorized by the statute, from ten to eight. He said the Board has communicated that they will not fill Judge Plese's position; they have eight judges plus aii open ninth position; and that for the current open ninth position, the Board of County Commissioners decided if this letter goes out, they will ask the legislature to reduce the number of judges from ten to eight, which would be effective two years fron) January. Judge White said that while we have the right to recail the letter by December 1, steps will be taken to reduce the judges for at least the next six years. Judge White also mentioned public safety; and said when it comes to public safety, if we already have a stable court system, then he doesn't want exploration of performing tbose services in a less expensive way: and he said on hehalf of all the judges. thev ask and urge Council not to votc in favor of this motion. Mayor N-Iunson said if this motic.~n is nut passecl, \vould the County Conimissioners praceed xvitli the reduction in judges; and Judge White said he is positive they would not. Mayor Munson asked Judgc White if he could address that this Council is working under a threat; and Judge White said there is no ihreat; as they did the math with AOC, and said if the Valley doesn't have a relationship with the District Court system, that a number of cases, according to AOC's formula, justifies a number of judges in dle court, and he said there is no threat; and said the County is under the same time restrictions as the City of Spokane Valley; that this is their window of opportunity, and if they miss this opportunity, they can't do this again for four more years; and he again stressed there is no threat. Council Regular yiecting: 01-27-2009 Page 5 of 9 Approved by Council: DRri FT In response to Ueput}, Mayor Denenny's question about the difference between a judge and a commissioner, Judge White said the recent statue changes are that a court commissioner cannot hear a jury trial; and he said he feels it is very important to have a judicial officer who is responsive to their community; but a commissioner is an employee; and in terms of responsiveness, a judge is more accountable to the community then a court commissioner. Councililizmber Gothmann askcd Judge White to compare how Spokane Valley would be served if the motion passes, and if the motion does not pass. Judge White said if the motion passes, City staff and council will engage in an analysis which could include how much it would cost the City to build its owi courthouse and have its own judges, prosecutors and public defenders, clerks, and probation office. Councilmember Gothmann stated he wanted to know how we would be served a month from now if this motion passes, and City Attorney Connelly said the contract stays in effect this year and all of 2010 regardless of the outcome of this motion. Judge White said if this letter is not sent, he envisions within the next month that the Board of Counry Commissioners will proceed to fill Annette Plese's position and there will be a full time judge; as now that position is being filled by a Court Commissioner; and if the letter is sent, the County will not fill the position as it will continue with a Court Commissioner. Attorney Connelly said what the County does with the position isn't directly related to any action tonight, but is simply something they can do on their own accord; and Judge White said it is "definitely predictable with all certainty." Councilmember Dempsey asked if the letter is rescinded, and the judges are reduced to eight, can we move back to ten judges; and Judge White answered no, it would be too late as the Board of County Commissioners would have to amend the statute through Olympia; and he said he could not answer if the balance of the two years, should the letter be sent, that the City would be represented by a commissioner as it would be the judges' decision and he would have to discuss that with the entire bench; but reiterated that Annette Plese's position is being served by a commissioner, and added that thc judges will serve this community as best they can. Mayor Munson asked how many jury trials that court hears a year, and Judge Wtiite responded that it is very rare to have a jury trial; as the Valley was used almost prcdominately as a traffic court, which is never a jury, and for small claims, which is never a jury, although juries have been done there on an overluad basis. Councilmember Taylor asked if diere is a large difference between services provided by judges or provided by commissioners; and Judge White said there is no comparison as the two are different; that commissioners have historically been assigned the traffic and non-criminal dockets except when one of the judges is not available, then they fill in; and in terms of being accountable to a community, a judge must be more accountable. City Attorney ConnellNadded that the other variable that could occur if notice is given and the state reduces the number of judges fram ten to eight which would be the court system for the ten-year period, the Commissioners could always go back to the legislature for an additional judge seat; and Judge White said that is veiy hard to accomplish in one year to ask the legislature to take us from ten to eight, and in the following year ask to go from eight to nine; which Mr. Connelly said might be a good reason to go to nine now. Mayor Munson said we hnow that the City of Spokane removed itself form the district court system aild started tlleir own; and their caseload was much bigger than ours was, so the decision to reduce the number would be based more oo that loss of caseload tben from Spokane Valley's loss of caseload. Judge White said that is reasoaable, but that they already lost all of their court commissioners; they have three court commissioners working for them, rivo of them share one job; and one does Judge Plese's job in the Valley. Mayor Munson said he is aware of that removal of those five commissioners, but asked if that addresses the ❑eed for judges based upon the removal of the City of Spokane from their workload; and Judge White a.nswered yes it does; and he said that the calculations they rely upon, state that the Valley represents 1.1 full-time judicial officer; and added that they now have a zero pro-tem budget. Councilmember Schimmels asked the question: if it's not broken, why are we tnring to fix it. Council Regular Rleeting: U 1-27-211O9 Pagc fi of 9 Approve-d hv Council: DRA FT Judge Greg TriQp 1100 W Mallon SQOkane, Wa: explained that the public expects and has a right to expect that they will receive services, which is why the courtroom is here; and that they would seek to expand the services of small claims court, harassment cases, traffic cases, etc.; that along with service is the matter of cost; and in reviewing the contract there are some things that should be examined, and said they should look at the formula they use; that they are honored to serve the citizens of Spokane Valley; he reinforced Judge White's comment that this is not a threat; but he said that the opportunity exists now to analyze and amend the contract, and to work with the judges to make sure the City of Spokane Valley is only paying for and receiving the services wanted; and said if we decide oot to send the lettcr of termination, the possibility will be stopped of having to go to the legislators and then having to go back again; and he said section 16 of the cuntract indicates that no changes can be made unless the change is made in writing and executed by the parties; and emphasized their willingness and happiness in servicing the Spokane Valley; and he asked that the fetter of termination not be sent; but that Spokane Valley work with the judges to review the conh-act, and probably change the methodology in the way Spokane Valley is billed for their services on a more precise, per-case basis. Council discussion included comment from Councilmember Gothmann that the measurement system we are trying to serve is too much, and he said he would be agninst this motion, but he asked to continue the effort to the alternative analysis, and that we should oot disturb a good system only because we want to measure it. Councilmember Tavlor mentioned other than the sudden termination by the Counry of the snow plowing contract which started this process of preparing contingency plans should other contracts be severed unexpectedly; that this involves a multi-year dispute between the City of Spokane and Spol:ane County over the provision of judicial services; when the City of Spokane moved to terminate their contract, it was because they wanted to form their own court, but that is not the case here; and he explained that these are defensive measures to ensure our citizens will be best served if there is a disruption in the services contracted for; and this letter of terminatio❑ is not because we are looking for our owm way or we don't like the services being provided; but is rather a way to examine the complete options for our city which have not been explored sioce incorporation; and said he agrees with the philosophy that "if it isn't broke don't fix it," but said we need to make sure it is not broke and that we can get the best service from the providers to mal:e sure our citizens are not paying more than they should, and said he would support the motion. Deputv Mavor Denenny mentioned that if it were not for the unusual circumstanccs with the judicial vacancy, and that there could be a cliange in the number of judges, he said he feels there would be no question that we would be examining atternatives; but because the City of Spokane left, there would obviously be a number of judges displaced; that what was removed were the commissioners, and in looking at the proportionally of cases, he said he thinks there would be an equal number of commissioners to judges with the eight , in light of the City of Spokane, a city of 200,000 is now gone; if one judge is removed and all the commissioners were removed; and said if our city said we want to be part of this again, the positions would be re-filled with commissioners, therefore making the proportionally of judges to commissioners as it was in the past. Mr. Mercier said that the numbers prior to the separation of the City of Spokane included nine judges and five commissioners, and currently if tonight's proposition were to move forward, the number of judges would be reduced to eight and 1.5 commissioners; and that the reduction in commissioners was budget-related due to the redueed workload. Councilmember Demosev stated that she is perturbed by what she feels is a threat that prevents us from conducting our own study; that lhe study was to be on court options and not on the effectiveness of the court, and she said that she feels there is a hammer over her head; and she said she is not thrilled about the threat. Councilmember Wilhite remarked that not only is our city on a tight timeline, but likewise is the County regarding how they would keep the courts; and she said she was not aware that the court system might not fill a vacancy created by Ms. Plese taki.ag over a new judgeship; and from what Judge Tripp mentioned, she said perhaps there is a need ta examine the billing methodology; therefore we should be examining our Council Regular Meeting: 01-27-2009 Page 7 of 9 Approved by Council: DRAFT contracts, and she said she was sorry this places the judges in the position #hat th+ey might lose a position t.hey fought from the IegisIature to receive, Mavor Munsa►n aelded that the City of Spokaiie Valle), is nvt the City of Spok.ane and we are not in a p►osition to ma,~;.e the decisior► t~~~ Spokane made; but we need an atterna#ive plan in the event the County Commissioners decide to termina!ke this contract; that tiley oniy need give us notice ayear ahead af Xirrie; but vve are required ta give natice during ara election cycle, which is a twa-year cycle, thexeby putting us in a difficult posEtion, and he added that the Cvunty Cvmmissioners have a chvice vfbeir~g confident that our analysis wirl show that the current system works vve] l, but these w+ould be thc alternatives availabie to the City of Spokane Valley should the County Cornmissioners decide to terrninate the contract; tllat the County Cc►mmissianers do not have to reduce the number of judges based on an action exa mi.ne the contract; and such is not a requirement but a reackdon ta what we are trying to do; and if al (he end of the txvo yea~s we should decide to act, tiiat wou1d mean they would have two more years tn adjust the judges; and Mayor Munson said ttxat the argument could be made that if this motion is passed tonight, aremoving a audge based on that letter of terminati~n wau1d be arbitrary; and perhaps capricivus and not prudent; and he added ti1at that is tiis personal capinion, and said !ie agr°ees with Councilmember Dempsey that he vie~~~ this ass a threat; as it does nvt have to happeii; and he questioned the need ta use the City -af Spcakane Vailey to feduce the number of judg,+es, especially when nv decision has been made to chang,e what is iri place; and ihat this Ciiy cartncat be p1aGed in a position t.hat if the County were to termin~~e this conEract,. we wcauld ilave ilo alternatEve to fall back on, vwtii+~h wauld bie adisservice to our citizens. f'ot~ by cicrlarrratron ort whether to arrr~nd the motion.• Irr Fcvor: Urrcrnfmaus. Opposed.• nane. Abstenlivn: None. Afafiora carrred to crmend the modrara to chcrnge tir~ RCW crtcrlivn. Yote by,shoivrng of . han.ds, on the aiiiendead motian to serzd the Ietter of terrnination. In Favor.' ~fayor Mlirtsnn, De~~~y Mayor Denerrrzy, arrd Councilinemberer Derri psey, WiIfirte, and Taylvr. (J",pposed: Cvuncrl~ierribers Gothrrrarrn unci S°chinanrels. Abstenticrns: Norre. Mc►tian carried and the letter of termanation noti~e will be given. PUBLIC COMMENTS: Mayor Munson invited genera1 public comment; no cominents were oflcrcd. Mayor Munson c.alleci for a short breal: at 7:45 p.m. and reconvened ttte meeting at 7:55 p.m. ~DMINISTRA11 Y E REPORTSr 8. 5treetVacation ST4' 44-08 - Nlicki l-Iarnois PEanner Hamois expiained the propased stireet vacatian as per lier JanLtary° 27, 2009 Request fos Cotirlcil Action form and accompanying P"awerPaint presentation, and when a questaon carrae up about the Railroad's rights to the vacated property, City Attorney Connelly said his o.ffice is researchiug that issue. Ms. Harnois added Ehat t11e Planiiing Comnlissiosi voted unaninataus!}r to recammend approval. Ther~ council consensus to place this issue on a future agenda for council appraval consideration. 9. Citv Ha11Desip-n S+ervices - Neil Kersten Public Works Director Kersten explained that I3ernardo Wijls a.nd GCrLU developed the City Hall Pragr'arn document outlining the funct;vn and space requiremenxs for the fitture {City Ha11; and in order to continue the develQpmcnt of the project and conti:nue with the work schedule apprgved by Counctl, Mr. Kersten subnlits the propasal I'or CpLInCil eeview; and if approved, this pliase would move ah~ad witb the design oI' City Ha11, whic11 would lay ~ut in detail and in two and three-dimensional drawings, intericrr spaces, architecture, site design, ~andscaping, a.nd buildrng detail to clearly see what the building will laok like, and said that this woulc! #ake us thrflugh aboux 15-20% o1"the design in ordear t~ get it ready to bid to acontractor. L7iscussion turned to the benefits and options, and praslcons of daing the LEEDlFLCCA, whictt was listed at $33,500; whether that aption shauld be renitaved entir~ly, to keep it in and get enougli information ~o make a future deterrnination; whether keeping that might mean future financial assistance; the idea af begtnning the process and ~aking a decision later, anci to see the cast figures associated witli Ccauncil Regular Mectin,g: 01 ,1.7-2009 Page 8 pf ~ ~pproved by Council: DRA FT .:II :.1l~'ll.i_ ♦iJllli.l:t: i'•.it:. lti- l.i.l.I~ l~.l t. i. ~ili- Sllli:~i:. ii...il. .:L~i i~i.i~ .:ii ~._;~.~iil.ail.~ ::.i . one-half of that line item is associated with the life-cycle cost analysis which is required for publicl., funded buildings; some is not discretionary as the analysis must be done, and the intention is to create enough LEED analysis that could be incorporated in the building, whether that be for recycling rairi water, or other options. Mayor Munson said he would like to get some cioser cost analysis on what thc study would look like; and Councilmember Wilhite mentioned she attended a seminar several years age on LEED certification where the company weat platinum, and said she will communicate back with th,.: architect to see what the costs were including maintenance, and whether it saved them money. N'1r 1~~'r~ ??'.~'i'.?.•~ 'i~'~~ th~;I1 01i` ii -n1 k f:)r ;i C, )i1I1: !I FOf f11l:' rC►„-,I ;1 r• in i'oUfl'~1i iTiCC1l►1' Mayor Munson mentioned that this would be a ratification of chajt,_!., Steering Committee of Elected officials; and after he went through the changes, there was Gounci I consensus to place this on the next regular council consent agenda for a INFORMATION ONLY: The Spokane County Library District 20o6 Puua 4 Departmeiit Reports were for in.f'orn:ation only cmd were not ?"71071cd nr rli<<,rivcc EXECUTIVE SESSION: Pending Litigation; Land Acquisi ti 11 was moved by Deputy Muyor Denenny and seconded, tv adjourn intv l:iecutive Sessivlr ~approximately thirty minutes for the purpose of discussing pending litigation and larrd acquisition, ui,, ~ tjrat no action is rniticipated afterwards. Council adjoumed into Executive Session at 8:30 p.m. At 8:5-~ p.m., Mayor Munson declared Council out of Executive Session. I1 wns moved by Cotmcilmember Talilor, secondecl and tmarrimously agreed to adjoxtrn. The meeting adjourned at 8:55 p.m. ATTEST: Richard NRunson, Mavor Christine Fiainbridge, City Clerk Council Regular Meeting: 01-27-2009 Pagz 9 of 9 Approved by Council: , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: C6eck all that apply: ❑ consent ❑ old business E new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading of Proposed Ordinance 09-001 for right-of-way vacation STV- 04-08- Request to vacate a 30 foot wide by 607 foot Iong portion of Tschirley Road located south of Euclid Avenue and a 30 foot wide by 440 foot long portion of Tschirley Road north of the Union Pacific Railroad right-of-way. ~•~ti ~ y1 ~ r ~ , _ 'J j f~ ~ I i • ~ ~ ~ -,Y,~_ , 1 ,5~~• i ~ y ~Li ~ ~ , , ~ : ~ ~l,!~ ~ - i - - . _ . - - - _ _ _ -r` w - - - - . . ~..T r.-!"^i."' • _ ._._r..~-_ _ - - . _ . . . . _ _ _ ~~-Z"'-_. ` -I ' ~T . , .w.~T,: ~ , . • . . ~ ~ . ►.1 t ` y 1 ~ ; f~ ••,ti , ~ ~ " , ~ E * , 'r ~ u - -s+, 1,•- ~yFr ~ t'~ ' - ~ - Zn,i ' - . _4. . . . _ ' ' r!7 . . . . . _ I, . . . s I ~~L_ ~ ' - y► J• ' - ~ ° : _ , r• I•- ,i~'~ 1~ - - c.-"/ . ~ ~j~ ' . E • C" , _ 1~•~r'f • i I ~ ~ ~ - ~ . ~ : . • - • - ~-L' rs • I"~ i , - ~ AmaS t0 be Vacated ~ ~ ~ ~ _ . i . ~ . f~,~ . . " • : , '~R ~ 1i,- . ' 5~.~r • I ` s` ' I ~k i - . ~ - ~ - ' . ~ R~ ~~{r.~~.~ T ~ ~ f . - ' f~ ~ . , ~1 f t ~ ` + ~y - i ~ W ~}~r'~ ~ i, . . . • l . ~ ` ~ ~kb BACKGROUND: On October 17, 2008, Steve Slehofer, Four Corners Capital, LLC and Owen Robinson, on behalf of Lumber Yard Suppty Company applied for a street vacation. The application requests the vacation of a 30 foot wide by 607 foot long portion of Tschirley Road south of Euclid Avenue and a 30 foot wide by 440 foot long portion of Tschirley Road nortb of the Union Pacific Railroad right-of-way. Currently the shvet abuts four (4) parcels, of which three (3) are owned by the applicant and one (l) is owned by the Union Pacific Railroad. The portion running south of Euclid Avenue is paved. Please reference map above. The Planning Commission made the following findings as part of their recommendation to City Council: 1. The vacation of the street will better serve the public because it will allow for the full development of the property for beneficial uses and permit appropriate levels of maintenance. The area along the railroad is landlocked and no longer a viable right-of-way. 2. The street is no longer required for public use or public access. The street along the railroad right-of-way appears to be unused at this time (except for a 15.9 foot wide portion of the existing warehouse building located on the southwest panel). The abutting property owner to the east bas received a building permit for a lumberyard and the property owner to the southwest has applied for and received a building permit for a 4,380 square foot office building. Both of these permits have been issued to Lumber Yard Supply Company which has expressed a desire to aggregate these two (2) parcels. 3. The substitution of a new and different public way would not be more useful to the public. 4. Given the present age and condition of adjacent development, it is unlikely that conditions may change in the future as to provide a greater use or need than presendy exists. It is recommended that the east and southwest parcels be aggregated andlor a permanent access easement be placed on the property. 5. No objections have been received to the proposed vacation from the notice of public hearing and/or routing to staff and agencies. 6. Abutting Properties: Applicants property abuts the right-of-way to both east and west (Assessor Parcel No(s). 55072.0233, 55072.0303 and 55072.0323). The 30 foot wide by 440 foot long portion of Tschirley Road is adjacent to Assessor Parcel No. 55072.0323. The Union Pacific Railroad is Assessor Parcel No. 45127.0001. Public testimony was provided at the hearing; however no objections were received regarding the proposed vacation from the notice of public hearing and/or routing to staff and ageneies. OPTIONS: 1. Move to 2°d reading scheduled at next City Council Meeting for approval/approval witli conditions (No new public comment shall be accepted since the public hearing has been closed.); 2. Deny the proposed street vacation; or 3. Schedule a public hearing that will be conducted 20 days after noticing in the mail, on-site and posted three conspicuous places in the City. ~ RECOMMENDED MOTION: "Move to advance Ordinance 09-001 to a second reading. " STAFF CONTACT: Micki Harnois-Associate Planner . ATTACHMENTS: 1. Planning Commission Recommendation 2. Planning Division StafC Report 3. Uraft Ordinance 09-001 -I"~` STAFF REPORT PROPOSED VACATION OF A PORTION OF TSCHIRLEY ROAD Prepared by: Micki Harnois, Associate Planner, Departmcnt of Community Development Date: February 10, 2009 BACKGROUND: On October 17, 2008, Steve Slehofer, Four Corners Capital, LLC and Owen Robinson, on behalf of Lumber Yard Supply Company applied for a street vacation. The application requests the vacation of a 30 feet wide x 607 feet long portion of Tschirley Road south of Euclid Avenue and a 30 feet wide x 440 feet Iong portion of Tschirley Road north of the Union Pacific Railroad right-of-way. Currently the street abuts four (4) parcels, all of which three (3) are owned by the applicants and one (1) is owned by the Union Pacific Railroad. The portion running south of Euclid Avenue is paved. Findings: l. The vacation of the strect will bettcr scrvc the pablic becausc it -ts•ill allow for the full development of the property for beneficial uses and permit apprnpriate levels of maintenance. The area along the railroad is landlocked and no longer a viable right-of-way. 2. The strcet is no longer required for public use or public access. The street along the railroad rig6t-of- way appears to be anused at this time (eacept for 15.9 feet portion of the caisting warehonse building located on the southwest parcel). The abutting prnperty owner to the east has received a building permit for a lumber yard and the property owner to the southwest 6as applied for and received a building permit for a 4,380 square feet office building. Both of these permits 6ave been issued tu Lomber Yard Supply Company w6ich has eapressed a desire to aggregate these two (2) parcels. 3. The substitution of a new and diff'erent public way would not be more aseful to the public. 4. Given the present age and condition of adjaceat development, it is unlikety that conditions may c6ange in the future as to provide a greater nse or need than presently ezists. It is recommended that the east aad southwest parcels be aggregated and/or a permanent access easement be placed on the property. 5. No objections have been received to the propvsed vacation by owners of private property (eaclusive ut' petitioners) ahuttin, the strect or alley or other ,ovcrnmc°nta) auencics or mernhers of ttic oencral public). 6. Abutting yroperq- No►. 1:(Fatit prc►perty).asse«o►r• i'arcel No. 5-5072.0233, LumbEi• Yarcl SupP1-, Company (Owner) AbuttingPropert)' :tiu. 2: (NN'est pruprrtN) Assessur Parcei tiu. 55072.0303, StcN cn it SIchoi'cr ((htiuer) Abutting Property No. 3: (Southvvest property) Atise«or Parcel No. 55072.0323, L.umbcr Yard Supply Company (Owner) Abutting Property No. 4: (railruaci ri~f~t-c►f-~~.~~) ,~,~~es~c,r Parcel ?'+io~. 45,127.0001, I'Illf)Il Parific Rsilrosd Compan-v(n'%vner) 7. Utilities: a. Sc%%er: iNo se«er ;er%-ices ~uk: locatt•ii iII T~>Cl,irlc\ IZo,-s;l. I~~~ ,2l,)E)rlJC1J! i; I)CiiJ,.' b\ :11-1 un septic ~%,stei». b. Water: Consolidated Irrigation District No. 19 serves the site. There are water mains located in the 30 feei wide x 440 feet loag portion of Tschirley Road and a twenty (20) foot wide easement for each water main ten (10) feet east and west of each water main is required per letter dated November 6, 2008. c. TelephonelFiber Optics: Qwest submitted a letter dated November 7, 2008 with no objections. d. Gas and Electricity: Avista Utilities submitted a letter dated Navember 21, 2008 with no objections. e. Cable Television: No concerns noted. A1l of the utilitv Qroviders have been contncted bv the apQlicaat and their corresQondence is attached. The sQecific location of easements is a requirement of t6e record of survev. 8. Stormwater drainage fACilities: There are no drainage facilities located in the street. 9. Spokane Valley Fire Department: The existing access to the building in this right-of-way and to fire hydrants must be maintained per letter dated November 18, 2008. 10. Spokane Valley Commuaity Development-Building Division: The existing access from the existing right- of-way to the building must be maintained. 11. Zoning/Comprehensive Plan: Heavy Industrial (I-2). 12. Land Use: The northwest parcel contains a single-family residence and a detached garage. A 102,000 square feet storage warehouse exists on the southwest parcel. 13. Spokane Valley Public Works Department: It is recommended that parcels with common ownership be consolidated and/or permanent access easements be maintained prior to tbe vacation. It is also preferred to access Euclid Avenue at Tschirley Road instead of adding more driveways along Euclid Avenue. 14. Condition of street: Paved south of Euclid Avenue and un-improved north of the Union Pacific Railroad right-of-way. 15. Assignment of vacated portions of rig6t-of-way: Pwsuant to Section 22.140.040.C of the Spol:ane Valley Municipal Code (SVMC) one-half of vacated street shall go to each abutting property owner unless factual circumstances othenvise dictate a different division and distribution of the street to be vacated. The applicant's representative (Todd Whipple) submitted a map of Plat No. 3 of West Farms lrrigated Tracts dated January of 1911. The 30 feet wide x 440 feet long portion of Tschirley Road appears to be wholly contained within the plat and adjacent to the Unian Pacific Railroad right-of-way. The Spokane Valley City Attorney has submitted a letter to the street vacation file (STV-04-08) citing case law that in this particular circumstance when one abutting owner is shown to have had no underlying fee ioterest in the street they are not entitled to half of the vacated right-of-way. Thc abutting owncr who had thc entire fee interest is entitlcd to the total vacated right-of-way area. 16. Compensation: Pursuant to Resolution 07-009 the City Council has the authority to require compensation to be paid to the City as a condition of approval. Conclusions: ~ 'i'he criteria set forth in Section 22.140.030 and 22.140.040 of the SVMC has been met based upon the findings set forth. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-001 AN ORDINANCE OF THE CITY UF SPOKANE VALLEY, SPOKANE COUNTY WASHIlNGTON, PROVIDING FOR THE VACATION OF A 30 FOOT WIDE BY 607 FOOT LONG PORTION OF TSCHIRLEY ROAD LOCATED SOUTH OF EUCLID AVENUE, AND A 30 FOOT WIDE BY 440 FOOT LONG PORTION OF TSCHIRLEY ROAD NORTH OF THE iJNION PACIFIC RAILROAD RIGHT-OF-WAY, AND PRUVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 08-021, initiated vacation proceedings to consider a 30 foot wide by 607 foot long portion of Tschirley Road located south of Euclid Avenue, and a 30 foot wide by 440 foot long portion of Tschirley Road north of the Unian Pacific Railroad right-of-way (STV- 04-08) by providing that a Public Hearing on the proposal would be held before the Planning Commission on January 8, 2009; WHEREAS, a completed application for vacarion was filed on-October 1-7, 2008; and WHEREAS, the Planning Commission held a public hearing on January 8, 2009; and WHEREAS, following the hearing, the Planning Commission found that the notice and hearing requirements of the applicable Spokane Valley Municipal Code section 22.140.020 had been met; and VVHEREAS, the Planning Commission findings and/or minutes have been filed with the City Glerk as part of the public record supporting the vacation; and WHEREAS, none of the property owners abutting the property to be vacated filed a written abjection to the proposed vacation with the City Clerl:; and WHEREAS, through adopted City Code provisions, the City shall provide that 1he vacated property be transferred tu the applicants; that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development; and that all direct and indirect costs of title transfer to the vacated streets be paid by the proponents or recipients of the transferred property; and WHEREAS, the City Council desires to vacate the above streets pursuant to Spokane Valley Municipal Code Section 22.140. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section l. FindinQs of Fact. The City Council makes the following findings of fact: 1. The vacation of the street will better serve the public because it will allow for the full development of the property for beneficial uses and permit appropriate levels of maintenance. The area along the railroad is landlocked and no longer a viable right-of-way. 2. The street is no longer required for public use or public access. The street along the railroad right-of-way appears to be unused at this time (except for a 15.9 foot wide portion of the existing warehouse building located on the southwest parcel). The abutting property owner to the east has received a building permit for a lumberyard and the property owner to the southwest has applied for and received a building permit for a 4,380 square foot office building. Both of these permits have been issued to Lumber Yard Supply Company which has expresscd a desire to aggregate these two (2) parcels. 4rdinance 09-00 1 - Strec:t Vacation (S1'V-04-08) Page 1 of 5 DRAFT 3. 'I'he substitution of a new and different public way would not be more useful to the public. 4. Given the present age and cvndition of adjacent development, it is unlikely that conditions may change in the future as to provide a greater use or need than presently exists. It is recommended that the east and southwest parcels be aggregated and/or a permanent access easement be placed on the property. 5. No objections have been made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. 6. Pursuant to Resolution 07-009, Section 1: Policy l. TSGHIRLEY NORTH (the 30 foot wide by 607 foot long portion). Upon approval of the vacation, applicant Steve Slehofer will receive one-half of the 175 feet of Tschirley Road directly south of Euclid Avenue. Lumber Yard Supply Company applicant will receive the other one-half of the 175 feet of Tschirley Road directly south of Euclid Avenue and the remaining 30 fooi wide by 432 (607 feet minus 175 feet) foot long portion of Tschirley Road abutting their property. The.cost for property received as a result of a vacation initiated by an adjacent property owner shall equal fifty percent (50%) of the appraised value of the vacant properiy received. The appraised value shall be the same as the value of an equivalent porlion of property adjacent to the proposed vacation as established by the Spokane County Assessor at the time the matter is considered by the City Council. If the value of adjacent properties differs, then the average of the adjacent property values per square foot will be used. Based on the average appraised value of the adjacent properties for the 30 foot wide by 607 foot long portion of Tschirley Road, applicant Steven Slehofer's cost is $3,675.00, which is 50% of the appraised value. Lumber Yard Supply Company has a cost of $21,102.20, which is 50% of the appraised value on the portion opposite Mr. Slehofer's pruperty and the total vacated area south of that portion ( 12,960 square feet). 2. TSCHIRLEY SOUTH: (the 30 fuut wide by 440 foot long portion). Pursuant to Section 22.140.040.C of the Spokane Valley Municipal Code (SVMC) one-half of a vacated street shall go to each abutting owner unless factual circumstances otherwise dictate a different division and distribution of the street to be vacated. The recorded map of Plat No. 3 of West Farms Irrigated Tracts dated January, 1911 shows that this portion of Tschirley Road was wholly contained within the plat and adjacent to the Union Pacific Railroad right-of-way. The property owner has the entire fee interest and wiU bear the entire cost of the property received as a result of the vacation of the 30 foot wide by 440 foot long portion of Tschirley Road north of the Union Pacific Railroad right-of-way. Based on the appraised value of this entire area, Lumber Yard Suppiy Company has a cost of $19,668.00. Secdon 2. Propertv to be Vacated. Based upon the above findings and in accordance with this Ordinance, the City Council does hereb}' vacate the street which is incorporated herein by reference, and defined as follows: "The porlion of TschirJey Road lying 607 feet directly south of Euclid Avenue " and "the portiat of Tschirley Road lying 440 feet we.st oJ vacated Tschirley Road and north of the Union Pacific Railroad right-of-way as depicted in Append& A vttached hereto; locvted in the NW of Section 7, Township 25 North, Rimge 45 East, Willamette Meridian, Spokrnre County, Washingtnn. Ordi.aance 09-001- Street Vacation (STV-04-08) Page 2 of 5 nxAt'l' Scction 3. Division of_ Pronertv to be Vacateci. TSCHIRLEY NORTH: Pursuant to RCW 35.79.040, tiie city council, in approvirig astrcet vacation request, shall specify that the vacated portion of the street sball belong to the abutting property owners, one-half to each. Steve Slehofer, applicant will receive the one-half of the 175 feet of Tschirley Road directly south of Euclid Avenue. Lumber Yard Supply Company wili receive one-half of the remainder abutting the north portion of Tschirley Road. This includes the other one-half of the 175 feet directty south of Euclid Avenue and one-half of the remainiog 30 foot wide by 432 foot long portion of Tscturley Road abutting their property. TSCHIRLEY SOUTH: Pursuant to RCW 35.79.040 and SVMC 22.140.040(C), factual circumstances dictate a different division and distribution of the street or alley to be vacated. Tbe recorded map of Plat No. 3 of West Farcns Irrigated Tracts dated January, 1911, shows that the 30 foot wide by 440 foo long portion of Tschirley Road appears to have been wholly containecl withi.n the plat adjacent to the Unioa Pacific Railroad right-of-way. The abutting owner who had the entire fee interest is entitled to the total vacated right-of-way area. Lumber Yard Supply Company will receive the entire 30 foot wide by 440 foot long portion. Thus the property to be vacated shall be divided as recorded in the record of survey which shall be created and recorded with the County as required under Section 22.140.090 SVMC. Section 4. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the officia] Zoning Map of the City. Section 5. Conditions of Vacation. The following conditioas shall be fully satisfied prior to the transfer of title by the City. 1. The completion of the street vaca.tion (File# STV-04-08) including all conditions below shall be submitted to the City for review witbio ninety (90) days following the effective date of approval by the City Council. 2. The vacated property shall be transferred, one-half to each abutting property owner (except the 30 foot wide by 440 foot long portion of Tschirley Road which will be transferred wholly to the abutting property owner to the north). 3. Following the City Council's passage of the ordinance approving the proposal to vacate the street, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington and including an exact metes and bounds legal description, and specifying if applicable any and all easements for construction, repair and maintenanee of existing and future utilities and services, shall be submitted by the proponent to the Director of Community Development, or designee for review. 4. Following the City Council's passage of the ordinance appmving the proposal to vacate the street, a Boundary Line Elimination must be done to aggregate (consolidate) the southwest and east parcels. These items can be included on the above-mentioned record of survey. 5. When applicable, the surveyor shall locate at least two monuments on the centerline of the vacated right-of-way with one located at the intersection of the ceoterline of the vacated right-of-way with each street or right-of-way in accordance with the standards established by the Spokcme County Standards for Road cmd Sewer Construetion. 6. A11 direct and indirect costs of title transfer of the vacated street from public to private ownership including but not limited to title company charges, copying fees, and recording fee.s are to be bome by the proponent. The City will not assume any financial responsibility for any direct or indirect costs for the transfer of title. Ord.inance 09-001- Street Vacation (STV-04-08) Page 3 of 5 DRAFT 7. The zoning district designation of the properties adjoining each side of the street to be vacated shall be automatically extended to the center of such vacation, and all area inciuded in the vacation shall then and henceforth be subject to all regulations of the extended districts. The adopting ordinance shall specify this zoning district extension inclusive of the applicable zoning district designation. 8. The record of survey and certified copy of the ordinance vacating a strect or part thereof shall be recorded by the Clerk in the office of the Spokane County Auditor. 9. All conditions of City Council authori7ation shall be fully satisfied prior to any transfer of title by the City. 10. Payment in the amount of $3,675.00 from Steven Slehofer, and $40,770.20 from Lumber Yard Supply Company. Section 6. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor, and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. . . Section 7. Severabilitv. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase af this ordinance. SecNon S. Effective Date. This Ordinance shall be in full forc:e and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City C:ouncil dhis day of February, 2009. ATTEST: Richard Munson, Mayor C_'hristine E3ainbridge, City Clcrk Approved As To Form: Office of the City Attomey Date of Publication: Effective Date: Ordinancc 09-001- Street Vacation (STV-04-08) Page 4 of 5 DRA F7 Ezhibit "A" Prnperty Description , . ~ - • s. , "lt , ' 4 • ~ ~ 1 ` ~ _ . ri ~ ~ • . ~ ~ _ _ ,~4,• . I•~ Amer I I Tscfiirtey North , I ~ l ` ~ V__- , ~ I,Y 1- . • . ~ ~ . ~ I • r ~ ' ~ C ' ~ ~ ~ • i! i :1 ~ • , ry ~ _.,~C{'-~~ e.•~ . r ~ . ~ ~..i . _ ~ •I!.P, Aqr~ ~I. _ _ • ~r~ ,~r ~ ~ ~ f. :~S' `1 ~ M ~ • - _ _ r ..cS f _ - . . f _ , „ •i~`+~ ' Tscbir{ey ' ' South Ordinance 09-001- Street Vacatian (STV-04-08) Page 5 of 5 EXHIBIT "B" ~ L ~ I 248,292 sf ~ 39,435 sf S347,610.appra(sed va1ue F $55.200 appraised value $1.40 per sf $1.40 per sf $3,675.00-112 appralaed valus Tl ;3,676,00appralsed value ~ Minua:1,3Q0. app cost I I ~tD~l9 107,983 sf E309,660 appralsed velue $1.445 per sf (average) 248,292 sf 9,363,60-1/2 appraised value 5347,610 appralaed value ~tun $1.445 per sf (avenge) ~ 9,363.80-1/2 ppprafsed val Cly olsook.me 1+3%V ~ ~ ~97n0~ 207,983 sf $309,660 appraised vatue $1.49 per sf 4St27pppI $19,668.00 appraised value 5~12.01]2 ti ~?2,mte 2Q2D32S • • . ♦ ww• ~ J CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Znew business ❑ public hearing ❑ informabon ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 09-002: Amendments to Title 20, Subdivision Regulations and Appendix A- Definiaons of the Spokane Valley Municipal Code. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63 and SVMC 17.80.150. PREVIOUS COUNCIL ACTION TAKEN: Study Session January 20, 2009 BACKGROUND: The Unrform Development Code was adopted in September of 2007 and became effective October 28"', 2007. Title 20, Subdivision Regulations, was one of the new titles implemented at that time. Subsequently, staff, surveying professionals, and the public have identified numerous errors, inconsistencies, impractical items, and even processes that have been omitted. Title 20 was reviewed by David Evans and Associates (DEA), representatives of the Inland Empire Chapter of the Land Surveyors' of Washington (LSAV1) and staff. Comments from all parties have been considered and if appropriate incorporated into the draft. Staff has met with the LSAW representatives and while it is apparent that some disagreement exists on certain issues, it appears that the major issues have been resolved. During the review process, it became apparent that certain requirements within the code were unreasonable and prevented most plats reviewed under the guidelines from being recorded. In order to alleviate the problem an emergency code amendment, Ordinance #08-021, was passed on October 14, 2008, that suspended the high accuracy standards and electronic submittal requirements. The proposed Ordinance incorporates those temporary provisions as permanent changes within the process. The review also identified changes necessary in Section 17.80 Pennit Processing Procedures Table 17.80-1 of the Municipal Code. The Title 17 table classifies land use actions as permit types in order to identify the review process. The review noted that a Plat Vacation was not categorized in the table, and therefore it will be added as a Type III process. Additionally, a Record of Survey to establish lots within a BSP will be added as a Type I process consistent with the suggested change in section 20.60.040 that establishes the process to create lots. These changes will be handled in a subsequent code amendment. The Planning Commission considered the document at a Public Hearing conducted on December 11, and recommended that the Council approve the amendments as proposed which took into consideration some last minute comments from legal counsel regarding bonding, exemptions, and future acquisition areas. ANALYSIS: Spokane Valley Municipal Code Section 17.80.1501 provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, weifare and protection of the environment. The applicable goals or policies of the Comprehensive Plan are: RCA 06-08 - February 10, 2009 Page I oj2 LUG-13 requires the City to develop and maintain an efficient and timely development review process. Maintaining an efficient and timely review prooess requires review and modification. The update is consistent with this goal. Policy LUP-13.1 requires that the City maximize efficiency of the development review process by continuously evaluating the permitting process and modifying as appropriate. The review and update of the code is consistent with the policy to modify as appropriate. Policy LUP-13.2 requires that the City assist developers with proposals by continuing to offer pre-application meetings in order to produce projects that will be reviewed efficiently. The short plat application process currently does not require that the applicant attend a pre-application conference. Staff s experience indicates applicants that do not attend the conferences are more likely to have incomplete applications, which resuits in delays in the permit review process. The specific code amendment that requires short plat applicants attend pre-application conferences, unless the requirement is waived, facilitates a quicker review process for inexperienced developers, and allows the requirement to be waived if the meeting is unnecessary. Conclusion: The proposed amendments to the zone meet the above outlined goals, and are thus consistent with the Comprehensive Plan. The proposed update does not impact public health, safety or protection of the environment, but it is in the interest of public welfare to provide an efficient ordinance for the review of short plats, subdivisions, and binding site plans. OPTIONS: 1. Advance the ordinance to a second reading; with or without amendments. 2. Direct staff to modify the amendment proposal prior to further consideration by Council. If the modification is substantial, the Council must either conduct a public hearing on the modified proposal or refer the proposal back to the Planning Commission for further consideration; or 3. Direct staff otherwise RECOMMENDED ACTION OR MOTION: Move to advance ordinance 09-002 to a second reading. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Lori Barlow - Associate Planner ATTACHMENTS: (1) Draft Ordinance 09-002 RCA 06-08 - February 10, 2009 Page 2 of 2 DRAFT CITY OF SPUKAIVE VALLEI' SPOKANE COUNTY, WASHINGTOti 0RnlNAN'Cr NTO. n9-0n2 Ati t)IZllIti:1tiCL Ut' .IIIf: ('1T~' Of: SYOKAtiL NAl_,LI-A, tiE'O}tAti1: ('Ol NIN, WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAI , CODE CHAPTER 20.20 GENERAL PROVISIONS, SECTIONS 20.20.010-20.20.094) AND ADDING SECTION 20.20.110; CHAPTER 2030 PRELIIVIINARY SHORZ- SUBDIVISIONS, SUBDIVISIONS AND BINDING SITE PLANS, SECT70NS 2030.010 - 2030.20; CHAPTER 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PI.ANS, SECTIONS 20.40.010-20.40.050; CHAPTER 20.51) PRELIMINARY PLAT, SHORT PLAT, AND BINDING SITE PLAN ALTERATIONS. SECTION 20.50.020; CHAPTER 20.60 FINAL PLAT AND SHORT PLA'l ALTERATIONS SECTION 20.60.010, 20.60.030 AND ADDING 20.60.040; ANll CHAPTER 20.80 BOUNDARY LINE A.DJUSTMENTS/ELIMIlNA'I70NS SECTIONS 20.80.010 AND 20.80.030; AND RFPFALING ORDINANCE 08-021. WHEREAS, the City uf Spokane Valley adopted the Unifonn Development Code (UDC) pursuant to Ordinance 07-015, on the 24th day of September, 2007; and WHEREAS, the UDC became effective on 28th day of October, 2007; and WHEREAS, the Spokane Valley Planning Commission held a public hearing on ttie proposed amendment on December 11 th, 2008 and determined that it was appropriate to correct the errors and inconsistencies, improve submittal and review processes, clarify vague procedures or language, and add provisions for land use actions that were not previously identified; and WHEREAS, the Spokane VaUey Planning Goeiimission deternlined that the amendments proposed met the criteria for approving a text change to the Code since it bears a substantial relation to the public health, safety, and welfare of the citizens, and it is consistent with the goals and policies of the Spokane Valley Comprehensive Plan. NOW TSEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: Chapter 20.20 General Provisions shall be amended as follows: C6apter 20.20 GFNF,P~T~~ ~NA Sectioi, 20.2U.010 Yurpo~,- 20.20.020 Exempti-}, -1 20.24.030 Legal lot. 20.20.040 Approval required prior to recordat i11 20.20.050 Prohibition against sale, lease or trans 20.20.060 Vertical datum. 20.20.070 Monumentation. 20.20.080 Professional lanci 20.20.090 General desi~=. ~ 2 0.20. 100 rinaings ~ Ordinance 09-002 Amending 'I'itle 20 Page 1 of 18 DRAFT I 20.20.1 10 Attached Siiw~ le Famik Stibdi%i"'Wii" 20.20.010 Purpose. Pursuant to the purposes set forth in RCW 58.17.010, the regulations in this title are necessary to: A. Promote the health, safety, and general welfare in accorciance with standards established by the state and the City; B. Promote effective use of land by preventing the overcrowding or scattered development which would be detrimental to health, safety, or the general welfare due to the lack of water supplies, sanitary sewer, drainage, transportation, or other public services, or excessive expenditure of public funds for such services; C. Avoid congestion and promote safe and convenient travel by the public on streets and highways through the proper planning and coordination of new streets within subdivisioos with existing and planned streets in the surrounding community; D. Provide for adequate light and air; E. Provide for adequate water, sewage, drainage, parks and recreational areas, sites for schools and school grounds, and other public requirements; F. Provide for proper ingress and egress; G. Provide for housing and commercial needs of the community; H. Require uniform monumentation of land divisions and conveyance of accurate legal dcscriptions; 1. Protect environmental(y sensitive areas; J. Provide for flexibility in site design to accommodate view enhancement and protection, protection of streams and wetlands, protection of steep slopes, and other environmentally significant or sensitive areas; K. To ensure consistency with and to further the goals and policies of the Comprehensive Plan; and L. To provide a process for the division of land for the following: 1. Short Subdivision. The division of land into nine or fewer lots, tracts, parcels, sites or divisions «•ith a level of review thai is proportional to the effect tllose lots may have on the surrounding area; 2. Subdivision. The division of land into 10 or more lots, tracts, parcels, sites or divisions with a level of review that is proportional to the effect those lvts may have on tbe surrounding area; 3. I3inding Site Plan. An alternative method of dividing property interests and applying to the ~ pht,seci division of any land for sale or le,ase which is zoned for commercial, business, office, or industrial development, or wtlich is to be developed as condominiums or a manufactured home park. (Ord. 07-015 § a, 2007). 20.20.020 Eaemptions. A. The provisions of this title shall not apply to: 7A- 1. Cemeteries and other burial plots while used for that purpose (RCW 58.17.040(1)); B. 2. Divisions made by testamentary pravisions, or laws of descent (RCW 58.17.040(3)); 3. A division of land for purpose of IeasinQ lanc] fur facilitits prt►vidina personal wireless scr~ ices while used for that purvose fRCW 58.17.040(8)1. 13. The vrovisions of this chapter shall not applv to the following provided that an exemption :ipplication and drwvint.: ci►nsistent Nvith 20.20.020.C is oroN'ided to the citv: G 1. . Division of land into lots or tracts if such division is a result of subjecting a portion of the parcel or tract of land to either Chapter 64.32 RCW (Horizontal Regimes Act) or Chapter 6434 RCW (Condominium Act) subsequent to the recording of a binding site plan for all such land (RCW 58. l 7.040(7)); ~ D.2. Division of land due to condemnation or sale under threat thereof, by an agency or division of government vested with the power of eminent domain; E"I: Division or acquisition of land for public right-of-way-; . . ; afid Ordinance 09-002 Amending Title 20 Page 2 of 18 DKAFT ~ 6.4 A divisio❑ of land into lots or tracts of less than three acres that is recorded in accordance with Chapter 58.09 RCW, used or to be used for construction and operation of consumer or investor- ovmed clectric utilities to meet the electrical needs of a utility's existing and new customers as set forth in RC W 58.17.040(9). C. E1n appliration made pursuant to 20.20.020(B) above shall be arocessed to determine that the di6sion is exempt with a minimum review for conformance to adopted Citv reizulations and ordinances. Thc anniication wiU be determined to be comolete uvon the submittal of the followinQ materials: I . An eanlication; nnd Maus. plans, and/or cxhibits containinQ all aQnlicable information as re.quired bv SVMC 20.30.020.8. (Ord. 07-015 § 4, 2007). 2010.030 Legal iot. Development shall be permitted only on legally created lots. A lot is created in compliance with applicable state and local land segregation stetutes or codes in effect ai the time the lot was created or binding site plan was approved including, but not limited to, demonstrating the lot was created through one of the following: A. Lots created through subdivision, a plat approved by the City or Spokane Gounty separate(y describing the lot in question; or B. Lots created through short subdivision, a short plat approved by the City or Spokane County separately describing the lot in question; or C. Lots created pursuant to a binding site plan process in effect at the time the binding site plan was ~ approved by the Citv or Spokane County; or D. A deed, contract of sale, mortgage, property tax segregation, plat, or recorded survey describing the lot in question if the instrument was: 1. Executed prior to March 24, 1980, for subdivisions (effective date of County's first subdivision ordinance) while the lot in question was under Spokane Couniy jurisdiction; or 2. Executed prior to March 13, 1978 (effective date of County's first short subdivision ordinance), for short subdivisions while the lot in question was under Spokane Couaty jurisdiction; or 3. Executed prior to July 1, 1969 (effective date of Chapter 58.17 RCW). (Ord. 07-015 § 4, 2007). 2010.040 Approval required prior to recordation. ~ Any map, plat or plan. unless Rreviouslv exemvt. hereafter made of a proposed short subdivision, subdivision or binding site plan, or any part thereof, shall be presented for approval and be recorded as sei forth in SVMC 20.40.030. No such map, plat or plan shall be recorded or have any validity unless or until it has the approval of City departments and agencies with jurisdiction as required by this title. (Ord. 07- 0 15 § 4, 2007). 20.20.050 Prohibition against sale, lease or transfer of property. No pcrson shall sell, lease or offer to sell or transfer any lot, tract or parcel subject to the requirements ~ of this title without first receiving approval hereunder hN thc C'ih• and recording the approved division with Spokane County; pruvided, that if performance of an offer or agreement to sell, lease or otherwisc transfer a lot, tract or parcel of land is expressly conditioned on the recording of the subdivision, shoi t subdivision or binding site plan containing the lot, tract, or parcel, the offer or apreement cloes nut % iolate any provision of this title. (Ord. 07-015 § 4, 2007 2010.060 Vertical datum. Where topography is required to be shown, the land survey data must be ba,ed on 1hC Nat+-Onal Vertical Datum (NF ~Vn-88). (()rd. 07-015 § 4, 2007). Ordinance 09-002 Amending Title 20 Page 3 of 18 DRAFT 20.20.070 Monumentation. Itia11t-of-x%aN. strttt centerline and street intersectioii niMonumentation shall be established as FequiFe described by City adonted street senstmetie~ standards. In addition, for short su}xdivision. suhdiNisic.,n ur bindiniz sitc plans._every lot corner shall be marked or rcferericed in a permanent manner with the registration number of the professional land surveyor in charge of the ~ survey in accordance x\ ith statc law. (Ord. 07-015 § 4, 2007). 20.20.080 Professional land sarveyor. The preparation of all prelimi.nary and final short subdivisions, subdivisions and binding site plans shall be made by or under the supervision of a professional land surveyor licensed in the State of Washin2ton. The professional land surveyor shall certify on the final plat that it is a true and correct representation of the lands actually surveyed. A survey is required on all final plats. All surveys shall comply with Chapter 58.09 RCW, and . W A C 332-130 WAG). (Ord. 07-015 § 4, 2007). 20.20.090 General design. The design of short subdivisions, subdivisions and binding site plans sha11 conform to the requirements of all applicable City plans, regulations, and design and dcvelopment standards. In addition: ~ A. The design, shape, size, and orientation of the tmets lc►ts should be appropriate for the use for which the divisions are intended, and the zoning and land use classification identified in the Comprehensive Plan of the area in whicb they are located. B. Lot Arrangement. l. Side lot lines shall kenerall\- be perpendicular to public street rights-of-way, but mav hc v-ithin twcntv des,,.rees of pemendicular, or radial to the right-of-way in the case of curvilinear streets or cul-de- sacs. 2. Corner Lots. , a.The loi 1l:l~~ tIlL Ilil~'f~l' il;-!i t~l tl',(' 1',1~:1'.lij il iiiliIlll;liiil ~.~f t~'~- f-ec[ bzhind the back of curb. . e b. At the inlersectian af two arterial streets (collector, minor or prineipal), the annlicant sh111 provide a widened border easement area behind the cedestrian ramQ landing for the alacement of' t,ireet liehts, traffc sienals, et cetera and their rclated aQourtenances (see Fieure 20.20.1). 'I'his arc;a shall extend a minimum of fifleen feet ~ iichind the IandinQ. The boundarv of this area sliall be defineci bv an arc thnt is tnneent at each cnd to the siandard border easement, hrnicallv located behind the back of sidewalk, or ri£ht-of- ~ Li I~ ~~,-av if there is no border easement in lhe vicinitti~. EASEMENT a I!'this area is alreadv fullv contained within right- 15~~f-~~~av then no additional border easement width TA"~s"T LANDING.~ - will be re4uired. The onlv utilities allowed SIDEVAIK CURB ithin this area are those ne,cessarv for the _ Ri`'m (IF yAr i-unction of the proposed liehts, siLmals et cetera. Ap, T ERIAL b. , Figure ; Ordinance 09-002 Amending 1 itle 20 Page 4 of 18 DRAFT e. , ; d: Corner lots in sinEzle farnilv or two-familv seFyiFig--levw-densit), residential development shall have an average width at least 15 percent greater than the width of interior lots along both adjacent streets to pecmit building setback and orientation to both streets. 3. Lot Dimensions. a. Lot dimeosions shall comply with the minimum standards established in Chapter 19.40 SVMC; b. Flag lots are prohibited. Reverse flag lots providing access to alleys or amenities located to the rear of the property are permitted; c. No lot shall have an average depth greaier than three times its average width. 4. Double Frontage Residential Lots. a. Double frontage and reverse frontage lots shall be avoided except where necessary to separate residential development from arterial roadway or to overcome specific disadvantages of topography and orientation; b. When lots back to arterials, a screening device shall be installed on the lot(s) limiting visibility between the arterial and the adjoining lots in accordance with Chapter 22.70 SVMC; c. No building, except buildings designed and constructed as two-family dwellings or one- family attached dwellings, shall be constructed on or across existing lot lines. Where buildings are designed and constructed on or across lot lines, the building shall be located so that the common wall separating the individual living units is located on and along the common lot lines of the adjoining lots. C. Block dimensioas should reflect due regard to the needs of convenient access, public safety, connectivity, emergency vehicle access, topography, road maintenance, and the provision of suitable sites for the land use planned. 1. Block Length. estale , , woods, 10Ftgerleng4h: I31ock fenQth shall he i)cr tlie adopted Street Standards. 2. Block and [..ot Labeling. Blocks and lots shall be identified in sequential elphabetie$l--e~ numeriral order. 3. Street alignments shall be designed and constructed with appropriate consideration for existing and planned feeds strects, anticipated traffic patterns, topographic and drainage conditions, public safety, adopted Strcet Standards. C'oinprchensive ('lan and the proposed use of the land so divided. D. When a tract is subdivided into lots of one acre or more in size, the community development director (hereafter refen-ed to as the "director") may require an arrangement of the Hmets- lot> and feadsstreets, in conformance with the ndoQted Arterial ancl Locit) Ac:cesti Street N1aster Plan or areas iejentified in secticin 22.130.035 Future Acauisition Arcas such as to permit a subsequent redivision in E. Lots sllould not be divided by the boundary of any city, county, zoning designation, or public right- of-way. F. Every lot shall have direct access to a paved public street, private street, or an easernent fc.~r a private driveway eesemen . G. Prior to filing the final short subdivision, subdivision or binding site plan application, the applicant ~ shall improve or make appropriate provisions for the construction of the public or private strmets, al levs or private driveways that provide access to lots being created through the short subdivision, subdivision, or binding site plan consistent with eppFopfi- ate- aPplicable City-adopted standards. H. Wastewater design shall be in compliance with all applicable Clty rcLUlat1o(ls and other jurisdictional agencvies! regulations. I. Adequate public domestic water supply and/or fire protection shall be provided in compliance with ~ all applicable City remilations and other itirisdictional agency}es-'- regulations. Ordina.nce 09-002 Amending Title 20 Page 5 of 18 DRAFT J. All road designs shall be in conformance with Chapter 22.130 SVMC and adopted street standards. ~ K. Provisions for stormwater runoff shaU be in compliance with City guidelines rep-ulations far stormwater management as set forth in Ghapter 22.150 SVMC. L. l.:xistim,_, and proposcd I;easements for electric, water, sewer, gas, and similar utilities shall be illustrated on the €fai short plat, plat, or binding site plan. The utility purveyors shall indicate to the community development department (hereafter referred to as the "department") in writing that the easements are adequate for their service needs. M. The short subdivision, subdivision, or binding site plan shall provide for the locatioil of underground utilities within public rights-of-way, horder easernents. alleys or utility easements including, but not limited to, those for electricity, communications and stireet lighting. When conditions make underground installation impractical, the director may waive the requirement for undergruund utilities. (Ord. 07-015 § 4, 2007). 20.20.100 Findiogs. Prior to approving any preliminary• short subdivision, subdivision or binding site plan, the depanment in the case of short subdivisions and binding site plans or the hearing examiner in tbe case of subdivisions shall determine and make written findings of faet that appropriate provisions are m.idc for the follo«-ing: A. The public health, safety, and gencral wclFare; B. Open spaces; C. Drainage ways; D. Streets or roads, alleys, sidewall:s, and other public .va`'s; E. Transit stops; F. Public potable water supplies; G. Sanitary sewer; H. Parks and recreat i on ; 1. Playgrounds, schools and school grounds; J. Sidewalks and other planning features that assure safe walking conditions for students ~rho only walk to and from school; K. Whether the pubiic interest will be served by thc, short subdivision, suhdivision, and binding site Plan; L. The proposed short subdivision, subdivision or binding site plan is in conformity with all applicable development code provisions; and M. Other requirements found to be necessary and appropriate and for which written standards and policies have been adopted. (Ord. 07-015 § 4, 2007). ?O.?U. 110 Attacl~ed SinLle Famik Suhcli~ i.iOnti /~[Tlications fr>r an attached simLl(: famik suhdi\i;i,)n cc,n•itilinu of riinc c►r f~~~er- Ik)t; shall hc sEibmitted and praces.scd accordinp, to tiie rNuirements for content und form for areliminarv And f inal sIlort subdivisions and process as stated in SVMC 22.30 throuah 22.40. Application for an attached `inele familv subdivision consisting, or 10 or more lots shall be submitted and Qrocessed accordinR to the rc,quirements for content and form for Qreliminary And final subdivisions as stated in SVMC 20.30 ~ tliroueh 20.40. Aoplication for alterations of any preliminary short subdivision or subdivision shall be ;ubmitted and processetl accordina to the requirements of 20.50. Applications for alterations of anv final -dhort subdivision or subdivision shall be submitted and processed accordinp- to the requirements of 20.60. Anolications for vacation af anv plai shall be submitted and reviewed according, to the requirements of SVN1C 20.70. Section Two: Chapter 2030 Pretiminary S6ort Sabdivisions, Subdivisions and Binding Site Plans shall be amended as follows: Ordinance (}9-002 Amending Title 20 Page 6 of 18 ~~AFT CbaptCt' 20.30 PRELDWINARY SH+[lRT SUBt]'IYISI€]NS, SU$DIVISIONS AND BINDING ~ITE PLANS Sections: 20.30.01 0 Application. 20.30.020. Contenfis of agplication. 20.30.030 P'rocessing apPlicatians. 20.30.040 Distributinn ofplans. 20.30.050 Expirativn ofprelimiraary► approval. 20.30,060 Time extensioHS. 20.30.010 Application. . r-egBFdifig subdiViSiffil ss, Prior to filing an aRplication for a.prreliminary subdivisian, SliOrt S«bdivisir,rl. W binding- site v1an a pre-application conference pursuant tcr the provisions of Chapter I7.$0 5VMC is reyuired unless xhis requigement ~s waive~ bv t1ie Director. (Ord, 07-015 § 4, 2007). 2030.020 +Contents of application. Every preliminary short subdivision, subdivision vr binding site plan shall cansIA of the appropriate applicativn form, appl icable fees and the fallowing: A. Maps and .xhibits. 1. Ten copies of the grelimina.ry short plat, plat or binding site platY which shall be alegtbly drawn map, 18 by 24 inches in si7z for short piats; 24 by 36 irtches iin siz+e for pla#s and binding site plans at a scale of on+e inch equa1s 50 feet or one ineb equals 100 feet. If approved by the de~artniciic, arl alternative apprvpriate scale may be used; 2. One reduc:ed (eight and ane-hal#`by II iunches or I 1 by 17 inches) copy ofthe prelirninary shurt plat, plat or binding site plan; 3. One copyr of the Spo'kane County assessar"s half-section map clearly indicating the subject property. Additionally, ail adjacent properties wi#h parcel numbers must be irrdicated on the half-sectie►n rnap. Assessor's maps for preliminaty subdivisions shall indicate the parcel numbers of all properties wIth1Pl 400 ~~~t of the SklbjeCt p!'opertf, unless the applicant owwns adjaceat proFerty, in whsch case the ma,p shall show the lmativn and pa6cel number of all propenies wilhin 400 #'mt of the applicant's ounersh ips 4. ` ~^A ww°ritcen rial-rdtive ci~~scn'bint! ti3e vriotiosa[ includ6r7s;, but itui liiiiited to, the number of proi)oseci lvts_ nature of stiirrouiidinp- pWe nies. ~as+~ti a~c~;ss_ ~nir~a, utilit~peoviders. m~thc~d ~f ~ewera2e, and timirj~ of vhasinv- of the develovrnent (if anv). The narrattve sall also arldress comp1 ianee to aoo1icab1e sections of t~e d~~~~lopment code and other ar?o1icahle reiz!ulations: -5.; . a. . a b. ' . a . } d, , 65. P'ublic notice packet. Thc Assessor"s ciiar(s) and the tit1c cornvannv search siiall be current within sixtv ON c~~~~~s o~ ~~suitwo the noti~e of apDlicatian. If the 1nforniation is more than 60 ~davs oId at the time the notice ofavolication is isstied. the a.pp1ican# shall vrovide current information; and Ordinar~e-c 09-002 Amending Title 20 Page 7 of 18 ~T 76. S:EPA environmental checklist for prelirr7inaiy subdivisions and binding site plans. An cr;,~ 1r°onmenta1 c11eck- 1 is~ ~N11 ! he rectiired 1`or a vrel iminar-~ s~ior1 olat it tly~ conscructicin of imvrt,vennent~; I ive more than 500 cubic vards of grad'anp- exeavation or fill; or if criEical areas exist oEti site. J . A p1a# eertificate dat+~d -wi#hin thirtv (30) davs of the aqolication filin2 date confirmiaii t~owit ~~ls, tltlt>' of t~1e ~El1 t`~P9 f~k~~ t'tkry`, ot" 13SI' 1s 1n 111o i1;11B~1°_- i:'rf 11. Ettr`: , la'illiliT. 8. Preliminary° short subdirrision, subdivis4on or binding site plan data (to be included on the i preliminary sharE plat, plat or binding site ptan). 1. Name, addness a,nd te7eph+ane number of the owner of #he subject properky and the persoo with whom afficial ccantact should be made regarding the short plat, Flat, or binding site plan; 2. TitXe of the ~ -hres o,ec1 divssion; 3. Location of subject property by qnarter-vuarter(~) of tl7e section, township and range; 4. l,c~Lag descrim1on of th~~ subiect pr~~pertv with the ~~~~irce ofi llte lctial descriotion clearlv iaidicated. , , , , 5. ' ;A vicinitv mar~ at a scale of n4t more tlian kmr 1iui7drer] feet (400' ) to t~ic incli. Except that tEae Communit-,' Developi-nent Darectar rraarr atn)rvve an alten»tive sca9e if rectuested. The vicinitv map shall show ail adiacent parctis. It shall sh+aw ~~ow the streetg and ailevs in the t)ravosed subdivision connect wittt existin2 and vroDosed streets and in ii-ig-h-horina Sit'hdivisions or t9r1nlatted peoperlY. 6. North arrow, scale snd boundary of the proposed short p1at, plat, or binding site plan. and the cl~ztc• rn:~n i:~ ~rt~7~it~~~; 7. Boundaries of all blcacks, lot nuraihers. . . lot lines efid alor» 4'Vitll tfleir the dimens1ons:irlci ,~~eaw in feeli Locati~~ ~inr1 i~~enli#iczciof~ ~~existing utilities, 9. 1.,ocation, names and widths of a1l existing aad propos-ed streeets, roads aiid access easements within the proposed shor~ subdivisian, subdivision, or 6inding site plan and within 100 feet tiiereof, nr the nearest Cit;y street rf there is no City s#reet within 100 feet of the subject property, I 10. A11 existing r-opesed easoments, includina burder easements, vr tracts propased tn be +dedicated for any public purpose br for the comrnon use of the property awners of the short plat, p]at crr binding site plat; I 1. All cxitili6Ru cascnicras that afl'ecitlie suEsii~,:i ii r~:~_~rtv: 4412. Location of any naturai features suc1h as wo+acied areas, streams, +dra3nage wavs! SDC6;11 i1oo+:1 hazz~rd arcas yclcntitie(i on t[7c 1-1ood 1~~suranc~.~ f~~~t2 Man. or critical areas as defined in SVMC Title 217 4-213. Location of existing bu€idings, septic tanks, drainfields, wells or other improvements, and a, no~ I c indic:ating i.fithey will remain or be removed; 4-3I4. W hethet' adjacent prtaperty is platted or unplatted. If platted, give the name of ttle ~~bdivision. If the praposed short subdivision, subdivision or binding site p1an is the stabdivision of a gartion of an existiflg piat, the approximate lines of the existing plat are to be shown an+d acopy of the existing plat, alcang with wW and all the rec{»"dlrla TiirrTlbers 4~f arly' 1'CCorded CoVen8t7tS aii[~ easemerit5; +4l 5. Topographic information at twefive-foot max>mum contok9i- interv$IS. i3r at twct-f~o-, ii}tervals wilhc*re overaIl site iork,47,rarali% is too flat to be devi~ted b~ five-foot inten,alw. Dedir~ea#e ar~~as wfth anv st~~)es that arc urca[er tli:Yri t17iMN: (30) pcreen#.; and seetion ; 4-516. "Si~e data tab]e" showing number of propcased lots, IK existing zoning, water supplier, ond methvd of sewerage; . , Ordinance 09-002 Amending Titl~ 20 Page 8 of 18 DRA FT Chapter 20.30 PRF•.LIM1N AkY SIIORT SUBDIV'ISIOiVS, 5L1BnIVISIONS ANU BIhllING SITF, NL:1iYS Sections: 20.30.01 U Applicatiuii. 20.30.020 Contents of application. 20.30.030 Processing applications. 20.30.040 Distribution of plans. 20.30.050 Expiration of preliminary approval. 20.30.060 Time extensions. 20.30.010 Application. s~~i~efl-pr•aeess. Prior to filing an application for a preliminary subdivision, short subdivision, or hinding, site plan a pre-application conference pursuant to the provisions of Chapter 17.80 SVMC is required unless this reatrirement iswa.ived bv the Director. (Ord. 07-015 § 4, 2007). _ 20.30.020 Contents of application. Every preliminary short subdivision, subdivision or binding site plan shall consist of the appropriate application form, applicable fees and thefollowing: A. Maps and Exhibits. 1. Ten copies of the preliminary- short plat, plat or binding site plan which shull be a legibly - drawn map, 18 by 24 inches in size for short plats;'24 by 36 inches in size for plats and binding site plans at a scale of one inch equals 50 feet or one inch equals 100 feet. If approved by the department, an alternative appropriate scale may be used; ' 2. One reduced (eight- and one=haif by 11 inches or 11 by 17 inches) copy of the preliminary short plat, plat or binding site plan; ' 3. One copy of the Spokane County assessor's half-section map clearly indicating the subject property. Additionally, all adjacent properties with parcel numbers must be indicated on the half-section map. Assessor's maps for preliminary subdi%isioas shaU indicate the parcel numbers of all properties within 400 feet of the subject property, unless the applicant owns adjacent property, in which case the map shall show the locatiun and parcel number of all properties within 400 feet of tlie <<pplicant's ownership; 4. lme 'on- ~r-ce-el'-t#~Aega-1-deser-ipt-ion--£-WaAy indie,ated; Awritten narratk-t clc;scribine the proposal includinQ, but not limited to. thc nucnber ki` propused lots, nature of surrounding QroQerties, proposed access, zonine. utilitv providers, method oi seweraac, and timinQ of phasing of th4 development (if anv). The narrative shall also addres~, compliance to aQnlirable sections of the development code and other anQlicable reLnilations: a. AuleGAPAwg y ESPJ.shp WtN ~ _ . S ,e, . }1-of d• } - 65. Public noticepacket.'rflt' ASSeSSOf's ma~,!~ . ) within sixtv (60) diws of issuing the notice of aQplication. If the information is more than 60 dav,, old at the time the notiee c►f npplieation is issued. the applieant shall nrt,% iclc currct}t irifivinati011: and Ordinance 09-002 Amending Title 20 Page 7 of 18 ~~~T 76. SEYA envirommental chcokiisi,for pre[aminary suladivisions and binding site glans_ ALI erivironmental cliccklist u,il1 le requireci CioF Et;arelljttina"° sliort ta4at if the con:structiori of iiiircm:nle°tt~ wiil involve more than 500cubrowards u~amdirm. excavation or f`tfl, or if critfical areas existon siF(°. Y. A p1at certifica~e dated Nvithih.~thir* (30) davs of the applicatia~n f'ilinp- date cuwimmi~:_, tlZat the title of the Iands as deseribed and s~~own (:~n the sito»t p16:iL. or BSI' i,, iri t}ic mmrm~ of 1i1~~:, or.tirat.r-s . _ _.i - • . w" , ~ :1::,7 C , B. Freliminary sbor# subdivision; subdiuision , c~r bindin,~ site plan data (ta be included on the pr+~limu~a~~y st~~►~ plat, plat c~r bi€ndir~g sitd,P~)- . 1. Nane, address and teAeplrone number of the owner of subject propertyf and the person v+rith wham official cvnta.ct shouid be made rFe;garding the short plat, plat, or binding site plan; 2. T'itle of the pr-opDW_Vrc~xisud &iyi6ion,~ - 3. I,ocation 4f subject property by r~darter-Quarters o#~ tlie section, township and rangea 4. Leg{il dLse;:r4~iion o#' (lie suhiecA~r~ ea~~ ~~~~th tlle sotarcL of the lqual descri~~ion clearlv ;i)4iicated. Y ' } , pfepased , , .,d o+iin"pplienb , _1 i, V _ i 5. V:,.•n;t, „P.ap th„at .,,leml..4,:....,~.._r:,a subjeet paFty; A vieinitv map afi a sca1e ot noi more than four huridred feet (400') io .the in&. Cxcent -that the Communrtar DeveloQ171ent I3ireCtOr niRv aDDrcave an altemative scale if rcciuested. TF~evicinixv rnap shali show all adiaccnt parceys. It stiall show liow idie szreets an+d allevs in -the: tyvnoscd -subd€vision conriect with existin2 and provosed st€eets and ca11evs in 11e%ahbori~~~ suhdivisions or unplaued Vrt~ner~~r~; 6, No~h a~ow, s-al+~ and ~un~iar,y of th~e proposed shorkk plat, pTat, or bindEng site plan, rlrid the date rt7at) is ULy- ared? 7_ Baundaries of a11 blccks, Iot nuinber,. 1Qt lin~s ead alonp- xvith their dimensions aiad areas iri sciuare feq;-- 8. L,ocation apid identifi~aflor-of eXiSting utilitiCS; 9. Loc=atior4 nartres and vvidths jDf al~ existin~ and proposed streets, roacis and access easements within the p~opased short subdivision, subdkvisivn, crr binding site plan and within I+pO feet thereof, or the nearest City streaet if there is no Ci#y street within 100 feet ofthe subject prvperty; j 10. A1l e~~ementsk irticludinz t,c,rcler ca:~~inents, or tr~cts proposed to be cterlicated for any public purpose or for .the common use of the prc~~erty owners of the sfiart p1at, plat or binding site plan; . . . ; ; , . . . 11, A11 existit~~w~ easerYients that afftel.tlic s4il)iCCt pr~)pcriv;: 44 ,1_?. L.ocatian of any natiaral features such as wvoded areas, streams,- drainage ways= snec,sa9 f100d h,-17..°Ird areas bdentified on the F1ood InsteraR.ct. M~m. cir critica1 areas as dei~ilncd in S'"v'MC Titlc 2ly t:l • 121:~, Location of existing buildings, segtic tanks, draii1ields, Nvel ls or ot4ler improvements, and 1_ «tize indicatiog if they will remain or be removed; 4-31,1. Whether adjacen# propert)y is . platted or unplatted. If pIatted, give the name of the subdivision. If the praposed short subfdirrision, subdirrision or binding site plan is the subdivision nf a portion of an eacisting; plat, the approximatc l%nes of the existing plat are to be showm and a copy af the . existing plat, along with &Ry-and•all ttic recordine iiu1nbers c~f anv r+ecorded eavenant.s and easements; 141.5. Topograghic infoarmation-.at i~five-~fovt maxi~ium -0-:11)t(Air intervals, or at v4vo-foot ~ iFtl~:rt'~~1:~ NN-liere -~~~et~alY sit~ t~.~po~rap1~1r~ ~tlvo-.flal tt~ l~e c.~ei)ict~r.~l ki~F (i~re-fiI(It irittrw.ils. i~elir~e~~te ~irea with c`i41k• sIooew that are P-rc.ater th..~n 0T~~~-,j(534)Lp+crccnt.; an ' > 4-516. ,"Site data table" showing number of proposed lots, , • .e., fOF °a 4e4., existing znnin,g, water supplier, ari(i methad af sewerage, (;fd. 07 015-§ -I, 2047~ ~ OFdlI9ance 09°D02) AiYielidC?lg 'd"it:le 24 - Pa~~ 8 of 18 DR~i FT 20.30.030 Yrocessing appiications. Preliminary short subdivisions and binding site plans are classified as Type LI applicaiions; preliminary subdivisions are classified as Type ID applications. Both application types shall be processed pursuant to the applicable provisions of Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 2030.040 Distribution of ptans. When the department determines that the application is complete pursuant to SVMC 17.80.100, the department shall distribute the application materials to affected agencies. The department or reviewing agencies may request additional information during the review process. (Ord. 07-015 § 4, 2007). 2030.050 Ezpiration of preliminary approval. Approval of a preliminary short subdivision, subdivision, . or binding site plan shali automatically exp've five years from the date of approval unless a complete application for a final short subdivision, subdivision, or binding site plan meeting all requirements under this title is submitted to the City. Extension of time may be granted as provided in SVMC 20.30.060. (Ord. 07-015 § 4, 2007). 20.30.060 Time exteasions. An application form and supporting data for time extension requests must be submitted to the department at least 30 days prior to the expiration of the preliminary short subdivision, subdivision, or binding site plan. Time extension requests shall be processed as a Type I application pursuant to Chapter 17.80 SVMC. The director may approve an extension provided there are no significant changed conditions or changed development regulations which would render recording of the short subdivision, subdivision or binding site plan cootrary to the public health, safety or general welfare; and provided one or mare of the following circumstances is found to apply: - A. That some portion of the existing preliminary short subdivision, subdivision, or bind'mg site plan . has been finalized sioce the project was approved and the remaining lots would form a unifed development consistent with the original approval; B. That the preliminary short subdivision, subdivision, or binding site plan remains generally consistent with the original plat or binding site plan that was approved, and the applicant has taken substantial steps toward finalizing the plat or binding site plan, which shall include at least one of the follow ing: 1. Surveying the lots within the development; 2. Arranging for public services to the site; 3.Obtaining necessary financing for all or a portion of the preliminary short subdivision, subdivision, or binding site plan; and/or 4. Completing studies or other requirements which were part of preliminary short subdivision. subdivision, or binding site plan approval; C. That at the tirne preliminary approval was granted, development of the proposal was conditionec' upon the extension of public services which are not yet available. This provision shall not apply to public utility extensions which the project sponsor would normally fund. If the conditions set forth in subsections A, B or C of this section are met, the department may grant a single, one-year time extension: Prior to granting time extensions, the director shall circulate the time extension request to affected agencies for comments. Additional or altered conditions recommended by affected agencies may be required as a condition of this extension. ~ City departments may also recommend additional or altered conditions. The department shall issue a written decision approving or denying the time extension request an<1 provide copies to affected agencies, the applicant, and those parties requesting a copy of such decision. Appeals of a time extension shall he filed in a manner consistent with the rrovisions of Chapter 17.90 SVMC. (Ord. 07-015 § 4, 2007). Ordinance 09-002) Amending Z'itle 20 Pagc 9 of 18 DRAFT Section Three: Chapter 20.40 Final Short Subdivisions, Subdivisions, and Binding Site Plans shall be amended as follows: Chapter 20.40 FINAL SHORT SUBDIVISIONS, SUBDIVISIONS, AND BINDING SITE PLANS Sections: 20.40.010 Final submittal. 20.40.020 Contents of final plat. 20.40.030 Filing final short plat, plat ar binding site plan. ~ 20.40.035Itecurdacion 20.40.040 Bond in lieu of constructioo limitations. 20.40.050 Phasing. 20.40.010 Final submittal. A. The final short subdivisioa, subdivision, ar binding site plan shall incorporate all conditions of the preliminary approval. The final short subdivision, subdivision, or binding site plao shall incorporate all conditions of approval imposed by the hearing examiner. B. All final subdivision, short subdivision or binding site plan submittals shall include the following: 1. A minimum of 10 copies of the proposed final short plat, plat or binding site plan; 2. Appropriate fees; 3. Three copies of a plat certificate dated within 30 davs of the application filinv, date confirminQ tlmt ihe title of the lands as (lc seribrcl and shk)`~ n on the sliort plat. suhdi%'isic7n, or 13SP is iel the nanie of tlie (.-\t IIeT', SI!'_illfl,_,; and 4. Maps efld-exhibi4s shall also be submitted in one of the following electronic file formats at the t i~~it2 thc mvlars are submitted, unless this reaLiirement is wai,~-ed bv the Director: a. pdf fPortable Document Fornlat . ; b. tiff fTaev-ed Image File Format~ . ; c. bitma CCerestation . ; or d. Other cc►mmonlv used format as approved by the director. ~,Icctn~nic submittals shall he iri accorcl~~IlcC %\'1lli ltl~ ti)llo%~,i►~t; criteria: ~1. Submittals shall utilize a file name usine tlie Ciri submittal number. Por examale, SUC3- uti-ci(,.\\\ or SHN-22-07.xxa:: t). Lines, text and details shall be complete, clear and crisQ and at a resolution that enables th~: tini;d le,t detail to be recoenized and understood Mien maQnif ied. c. The electronic files shall be delivered on a cd or dvd that is leeiblv labeled with subilivision name and phase: submittnl number; file creaiion date: and contact information (firm namel itcldress and phone numberl. As an option, an email submittal is acceRtable and shaU include a letter transmittal with the same information. d. C/1DD criteria - reserved C. The final short plat, plat or binding site plan shall show: ~ 1. All monuments found, set, reset, replaced or removed and not replaced. describing their kind, sir.e and location and giving other data relating thereto; ' 2. Bearing trees, comer accessories or witness monuments, basis of bearings, bearing and length ( of lines, seale of map Nvith P-raphic har scale and oorth arrow; 3. Any other data necessary for the interpretation of the various items and locatioos of the points, lines and areas showa; 4.qPieste Refcrenr< <►nd shrnw adjoining surveys of record and plats; Ordinance 09-002 Amending "I'itle 20 Page 10 of 18 DRAFT • 5. "I'he allowable error of mathematical ciosure for the final plat map shaJl not exc:eed one foot in 80,000 feet or 0.04 foot, whichever is greater, 6. Bearings and lengths are to be shown for all lines; no ditto marks are to be used: 7. Arrows shall be used to shrnv limits of bearings and distances whenever any chance of misinterpretation could exist; ~ 8. Plat boundary and street fl~tt~e~t~r:t.~r lines having curves shall show radius, arc, cenlral angle and tangent for each curve and radial bearings where curve is intersected by a non-tan4~cnt line. Spiral curves shall show two spiral curve elements in addition to the chord bearing and length; 9. Lots along curves sball shaw arc leogth FfieF j radius. F'c.~r lut corners that are an non-tanp-cnt or non-perpendicular curves. the radial bearinsi, shall bc shovmr. If a curve table is provided, it shall show angle for each segment of the curve along each lot, arc ~ length, tangent length, and radius. ; 10. All dimensions shall be shown in feet and hundredths of a foot. All bearings and angles shall be shown in degrees, minutes and seeefidscANsecorids; AIl partial measuremcnts shown shall cqual sh-1- tota) overall measiirementti shown. I 11. , ; _ 4-2. The final short plat, plat or binding sitc plan shall indicate the actual net area for each platted lot exclusive of the Fi dedicated or private road rip-ht of wav. Lots one acre and over shall be shown to the closest hundredth of an acre, and all other lots shall be shown in square feet to the nearest squ are foot; and .43.12. Boundary points for corners shall be locaied and referenced to thc current eontrol network as c•tahlished bv the Spolcane Countv GPS control proiect and thAt coordinate svstem. The controlling puints used bv this suhdivision shall be indicated on the map. , U-&-fee1► . , 58.09 . Ord. 07-015 § 4, 2007}. 20.40.020 Coatents of final plat. All surveys shaU comply with the Survey Recording Act (Chapter 58.09 RCW), minimum standarci. tor survey and land descriptions (Cbapter 332-130 WAC), and a~a licablc City standardsfef-Feecl eenstFueti~. The contents of a final short subdivision, subdivision or binding site plan shall include thc following: A. Tbe final short plat, plat or binding site plan shall be a legibly drawn, printed, or repcoduced permanent map. Final short plats shall measure 18 by 24 inches. Final plats and binding site plans shall measure 24 by 36 inches. A two-inch margin shall be provided on the left edge, and a one-half-inch margin shall be provided at the other edges of ihe plat. If more than ooe sheet is required, each siieet shall show sheet numbers for the tota] sheets. ~ B. The file number of the short plai, plat or binding site plan, location by Quartcr-uuartcr ui a section, township and range shall be shown. C. The scale shal I be 5 or 10 feet to the inch. I t' approved by the department, an appropriate scale may be used which does not exceed 200 Eetie-fneh feet to the inch, provided a 400 feet to the inch reduced copy is also submitted. The scale shall he shown in a tcxt fonn as well fis a eraphic bar scal: D. A hold distifte! ' e boundary line shall delineate the cri,~ti~iL, ncrin)Lt:_r boundary of the short plat, plat or binding site plan p,-io, <<~ilI,, Ordinance 09-002 4mending Title 20 Page 11 of 18 DRAFT E. The location and widths of streets, alleys, rights-of-way, iind easements serving tiic ro ert~~, parks and open spaces proposed within the division sheFt-pla~ and those platted easements existing immediately adjacent to the division sheFt pla~ shall be shown arid ur identified. Areas to be dedicated to the public must be labeled. ~ F. Layout and names of adjoining subdivisions, subdivisiun lots or partions therecif shall be shown within and adjacent to the subdivision boundary. G. "1'be layout, lot and block numbers, and dimensions of all lots shall be shown. H. Street names shall be shown. 1. Street addresses for each lot shall be showm. J. Plat restrictions required as conditions of preliminary short subdivision, subdivisioo or binding site plan approval shall be shown. K. Lxisting easements and utilitv easements shall bc identified, sho~Nn anc] labeled. Recording information for the easernent(s) shall be Qrovided on the surveY. Anti, caserticnt aridj'or utilitv easement lxinK created hN' this division shall he so identified, sho«n aiid labeled. . L. Any special statements of approval required from governmental agencies, including those pertaining to flood hazard areas, shorelines, critical areas, and connections to adjacent state highwa,ys shall be shown. M. A notarized certification and i1Ck110wIc',dLeRltllls by the owner(s) and bencfirian. if oihcr tlian the city~.as shown on a current plat certificate shall be provided dedicating streets, areas intended for other public use, and granting of easements for slope and utilities. N. A certification signed by a professional land surveyor registered in the state of Washington stating that the final short plat, plat or binding site plan was surveyed and prepared by thenihimlher, or under Oteif his[her supervision; that plat is a true and correct representation of the subject land; and that monumentation has been established as required by City standards. Ccrtitication must hc consistent witll iZM 58.09. 0. The city council authorizes final appmval of any final plat, short plat, or binding site plan. t f the Mat rontains cnultiplt shects, tiie fir-;t sliect shall co,ntain tl-ic rcuuired siunaturcs. -Uhe plat mu.,~t he ,i reviewed and signed by the following: I l. Spokane Valley-~ublie weF Ucvclonnient Stn iceti Seriior L;nLinec:r; 2. Spokane Valley community development director; 3. Spokane County utilities director; 4. Spokane Regional Health District (only where septic systems and/or private wells are required to serve the development); 5. Spokane County treasurer; 6. Spokane County assessor; 7. ; S. Hearing examiner for fmal subdivisio❑ plats only; 9. F' . .(nrd. 07-015 fi 4, 2007). 20.40.030 Filing final short plat, plat or binding site plan. The final short plat, plat or binding site plan shall be submitted to the department for review. It shall be routed to appropriate departments and agencies in order to review for compliance with the conditions of approval. Once all reviewing departments and agencies are satisfied, all conditions have been met or appropriate bonding and surety obtained pursuant to SVMC 20.40.040, the final short plat, plat or binding site plan mylar shall be submitted to the department for obtaining the required signatures. Final plats and short plats shall be approved, disapproved, or returned to the applicant within 30 days from the date of rcceint }g-thereof, unless the applicant consents to an extension of such time period (RCW 58.17.140). C-e . (Ord. 07-015 § 4, 2007). Ordinance 09-002 Amending'I'itle 20 Page 12 of 18 . DRAFT 20.40.035 Recordation "The de,partment shall record the comQleted final short Qlat, Qlat, or bindine site plan with the Spokane Cc.~untv Auditor's office and submit coQies of the recorded documents to the SQOkane Countv Assessor's c+fiice. All f«> f(,r such re,:ordin,-, shall he paici hv the arnlicant prior t,:) recc~rclin~T. 20.40.040 $endSurerv in Geu of construction limitation9. A. Streel improverlients: I'ursuant to S`'R9C (code # to be inserted). Street improNements include sidewalks, drainage and a,pproaches. B. Non -Street Improvements: In lieu of the completion of the actual construction of any required rion-street unprovements prior to the approval of tbe final plai, short plat or binding site plan, the publfe weF6 teF Communitv Development Department may accept abandsurety in an amount and with suFety an condidons satisfactory to the dimete~ DeQartment-awl-consistent with the provision of RCW 58.17.130, and the criteria listed below. Non-street imQrovements, mav include, but is nat limited to, fencine., landsca in and trail _ A. ; 4.- J. The improvemenis will be completed within one year of the date of final--approval; tmnspeFtatien, seweF, wateF, ; M._ The applicant for the suretv befid does not have any outstanding improvements that have not been timely completed within other plats, short plats, or binding site plans within the City; E3 , . The suretv is in the f'()rm ot'a cash savinQS assip-nment or imevocable letter of credit in an amount of at least 125% of the citv etiiirnatvd N<<1t,e ofthe c►utqt:tndin+~ irTinro\cments. (Ord. 07-015 § 4, 2007). 20.40.050 P6asing. - Any subdivision or binclinu sitc plan may be developed in phases or increments. Phasing of short subdivisions is not permitted. A master phasing plan shall be submitted with the preliminary subciivision or hindinp- site Qlan for approval by the department. The phasing plan may be approved by the director provided: A. The phasing plan includes all land identified within the legal notice; B. The sequenc,c of phased development is identified by a map; C. Each phase has reasonable public or private infrastructure to support the number of dwelling units ~ c?r proposcd ci>mmerria) or industrial develonment contained in that phase; D. Each phase constitutes an independent planning unit with facilities, adequate circulation, and any ( requirements established for the entire subdivision or hindin' p- sitc plan; and provided, that any nonfinalized portion meets the minimum lot size of the underlying zone for the proposed use; and I E. The [)evelotmnnent Sc:rvices Senior E'nQineer approves the necessary documents so that all road improvement requirements are assured for that phase. A phasing plan may be amended following preliminary approval. Said plan may be approved administratively provided the above critcria are met. (Ord. 07-015 § 4, 2007). Section Five: Chapter 20.50 Preliminary Plat, Short Plat, and Bindiag Site Plan Alterations shaU be ameoded as follows: Chapter 20.50 PRELIMINARY PLAT, SHORT PLAT, AND BINDING Sl'I'E PLAN ALTERATIONS Ordinance 09-002 Amending Title 20 Page 13 of 18 DRAFT Sections: 20.50.010 Applications. 20.50.020 Preliminary plat, short plat and binding site plan alterations - Notice, decision, filing plan. 20.50.010 Applications. An application may be submitted for any proposed alteration to a preliminary plat, preliminary short plat or binding site plan. The application shall contain the signatures of the persons having an ownership interest in the plat or binding site plan. A prelimioary plat alteration is classified as a Type II permit and shall be processed pursuant to Chapter 17.80 SVNiC. (Ord. 07-015 § 4, 2007). 20.50.020 Preliminary plat, s6ort plat and binding site plan alterations - Notice, decision, filing plan. Any request for a proposed modification to a preliminary short subdivision, subdivision, or binding site plan which has received preliminary approval shall be submitted to the department. Any proposed modification which would amend conditions established administratively shall be circulated to affected agencies for review and comment. An amended decision or amended conditions of approval may be required based on comments received from affected agencies. The director may waive formal processing if it is determined that the proposed modification would not have a substantial impact on adjacent properties, or conditions of approval. This process shall not apply to amending site plans or conditions thereof established by a hearing body that would constitute a"change of condition." Alterations may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration which shall be signed by the director and filed with the City of Spokane Valley community development departrnent. An` preliminarN- pliit, short plat or bindine site plan alteratio~n Propo;:d under this section shall he stihiect to the re(iuircnients in Ghaqler 20.30 ancj C'hapter 20.40. Any proposed modification which would significantly amend conditions established by the hearing examiner shall be processed as a"change of conditions" pursuant to Chapter 20.60 SVMC. (Ord. 07-015 ~ § 4, 2007). Scction Siz: C6apter 20.60 Final Plat and Short Ylat Alterations shall be amended as follows: C6apter 20.60 FINAL PLAT. A#-A SHOKT PLAT. _1til) I11N!)lN(; tiH'l: 1'i;A N ALTFRATIONS Sections: 20.60.010 Application. 20.60.020 Final plat alterations - Notice, public hearing, decision, filing requiremeots. 20.60.030 Final short plat and bindinp- site Qlan alterations - Notice, decision, filing requirements. 21).6(1.0-10 R«A)rcl of tiur~~ev ti~ t=-,tahlish I_:ot~ xviiliin a I3inclii~u!"'itc t'lan 20.60.010 Application. A.n application may be submitted for any proposed alteration to a final plat-ef final short plat- or final hindinu sitc plan. The application shall contain the signatures of the majority of those persons having an ownership interest in lots, tracts, parcels, site or divisions in the subject subdivision or portion to be altered. If the subdivision is subject to restrictive covenants which were filed at the time of appmval of the subdivision, and the application for alteration would result in the violation of a covenant, the Ordinance 09-002 Amending Title 20 Page 14 of 18 DRAFI application shall contain an agreement signed by all parties subject to the covenants providing that the parties agree to terminaie or alter the relevant covenants to accomplish the purpose of the vacation of the ~ subdivision or binding site plan, or portioo thereof. A ptat alteration is classified as a Type ll permit ualess a public hearing is requested pursuant tii SVMC 20.60.020 in which case the plat alteration shall be classified as a Type ID permit. Both permi► types shall be processed pursuant to Chapter 17.80 SVMC and in a manner consistent with RCVk; 58.17.215. (Ord. 07-015 § 4, 2007). An y la short plat or bindine site Qlan alteration proiposed under this section shall be subject to the requiremenis in Chapter 20.30 and C.h3pter 20.40. 20.60.020 Final ptat alterations - Notice, public hearing, decisioa, filiag requirements. Upon receipt of a completed application for a final plat alteration, the department shall provide notice af the application to all ovmers of property within the subdivision, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property within 400 feei of that portion of the plat proposed for alteration. The notice shall include a statement that a public hearing will not be required unless specifically requested within the time frame indicated below. If a public hearing is requested within 14 days of receipt of the notice, notice of the hearing shall be provided as is set forth in SVMC 17.80.120. Alterations to final plats may be approved if it is determined that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final plat, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful Plat of the property. (Ord. 07-015 § 4, 2007). 20.60.030 Final short plat .ind !7; n(1 i n,, si te ~I:t ~n~ alterations - Notice, decision, filing reqairements. ~ Upon receipt of a completed application for a final short plat or hindini-, sitc plar, alteration, the department shall provide notice of the application to all owners of property within the subdivisioo, publication in an appropriate regional or neighborhood newspaper or trade journal, and to those owners of property adjacent to that portion of tbe short plat or biiiding site plan proposed for alteradon. Alterations to final short plats or binding site Qlans may be approved by the director, if the director determines that the public use and interest will be served by the alteration. Following approval of an alteration, the applicant shall produce a revised drawing of the approved alteration of the final short plat or bindingsitt nlan, which shall be signed by the director and filed with the Spokane County auditor's office to become the lawful plat or binding sitc plan of the property. (Ord. 07-015 § 4, 2007). 20.60.040 Rc-cord of Sun-cv tu F.stablish IA)ts -within a 13indinp- Sitc I'lan A record of survey_mav be tiled subseauent to the recording of a final bindin~~ site pIan tu c~tablisl) Ii within the boundaries of the final bindinia site Qlan. The record of survev shall hc clASGified as n Tvpe applicafion and shall be reviewcd pursuant to ChaQter 17.80 SVMC RRCI 1:01lowing informaiian shall be Qrovided on the record of surveY, A. I'he bindinst site plan file numbc:r shall be refecencc 13. The scale shall be fiftv (50) or one hundred (100) ik~%;e to ujt. it ayF,,.;~zu O, li, provided a 1''=400' red«- Director, an approQriate scale mav be used which does not exceed l" = 200', 81 /2'' X 1 l" co is rovided C. A distinct wide boundarv line shall delineate the boundarv of the lot(s) being created. buundarv of the bindine site plan sha11 be indicated and any lot(s) that have been created bv filinQ of ti finAl hindinQ site Qlan and/or record af survev. D. Each lot shall be numbered consecutively. and the size of each lot shall be indicated on the record of survev. Ordinance 09-002 Amending Title 20 Pnge 15 of 18 ~ DRAFT L. Ttic iuc;atio» and width5 ot' strccts. allcvs, rithts-ot-rvaY. and easements %\ithin the I,i;ILIir?_ site plan and those existine immediatek, adincent to the 101 beir'12 createci ;hall be shox",. f=. Street nnmes shall be sho\\ G. Street addresses shall t►e sh(-,\\ n. II. RestrictiQnsrequiredascondiii; o: 1. AQpropriate utilitv easements shall be shown. .l. Certification ofthe professional land survevor li,.:cn~cd in ihc stat< ofW.,'d,in1-itk In. K. The followine siQnatures are reQuired on the record of survev: 1. Citv of Stwksne Vallev Communiri DeveloQment Uirector Citv of Suokane Vallev DeveloQmeni Services Senior Ens~ineer ~ . Propertv Owner I Ilustrate anv existina buildinQS located on the lot which is beiniz created or altered. 1 Iie Department shall record approved record of survevs with the SQokane Coun/v Auditor's Onice ancl submit copies of the recorded documents to the Spokane Countv Assessor's Offiice. A11 fees for such sfi.il) ii< n~ii,.l hv thc .ippli,~ant prior to r:~cork11111.2. Section Seven: C6apter 20.80 Boandary Line Adjustment/Eliminations shaU be amended as follows: Chapter 20.80 BOUNDAIZY LI1VE ADJUSTMENTS/ELIMINATIONS Sections: 20.80.010 Scope. 20.80.020 Review pracess. 20.80.030 Application and drawing requirements. 20.80.040 Recordation. 20.80.010 Scope. Bounda.ry line adjustments shall be a minor alteration in the location of lot or aarccl boundaries on existing lots or c~~arcels. In this scciian lot shtill rnean ii i)arcel ofland ha%~inu fixed boundarics describccl hv rcfercnc;c: to a recorded iplat, a recorded bindine site plan, bv metes €ind bounds, or bv section. tcwrzshin. and ranze, and he of sufficient area to nieet inininiuin zurlinu rcouirements. The purpose of the boundary li.ne elimination process is to remove interior lot lines of a parcel comprised of two or more separate lots with contiguous ownership. Boundary line adjustments must be consistent with the following: A. Such alteration shall not increase the number of lots nor diminish in si7x open space or other protected environmeots; ~ B. Such alteration shall not diminish the size of any lot_ so as to result in a lot_ of less square footage than prescribed in the zoning regulations; C. Such alteration shall not result in a buildinQ setback violation or site coverage to less than Prescribed by the zoning regulations o; areas as requircd in section 22.130.0;.5 Future 11cqt►isition Are:is; and D. All lots resulting from the boundary line alteration shall be in conformance with the design standards of this chapter. (Ord. 07-015§ 4, 2007). Urdinance 09-002 Amending 'I-itle 20 Page 16 of 18 1)R. AI T .7. '(!.S(►.tl?c! Itc\icde j)ruc~•`. Boundary line adjustments and eliminations are classit ic i i . , ` ! i._ , 1 ' ; ! i . _ r;•, pursuant to Chapter 17.80 SVMC. (Ord. 07-015 § 4, 2007). 20.80.030 Application and drawing requirement~,. Application for a boundary line adjustment or department and shall provide the following information: A. Existing Conditions Site Plan. Produce a to-scale >►tL pia„l oll .ill i i-I;i.;i; sheet with one-inch margins on all sides showing the following informadon: 1. The existing dimensions and square footage of the existing property(ies) involved; ~ 2. The location and setbacks of any permanent improvements (i.e., structures, septic systems, ete.) from all property lines; 3. The identificatiun. location and dimension of all access and utility easements; and 4. The location, dimensions and aames of public and/or private streets abutting the property(ies); arlcl 5. North arroNN, alld scale shall he noted. B. Proposed Adjustment/Elimination Site Plan. Produce a to-scale_plan on an eight-and-one-half-inch by 11-inch sheet with one-inch margins on all sides showing ihe following information: ~ 1. The location and setbacks of any perrlianent improvements (i.e., structures, septic systems, etc.) after the proposeti boundary line adjustment or elimination from the new property lines; ( 2. The iclentification, location and dimensian of any access or utility easements after the proposed boundary line adjustmeot or elimination; 3. The location, dimensions and names of public and/or private streets abutting the property(ies) after the proposed boundary line adjustment or elimination; and 4. Indicate eW the existine property lines to be revised with a dashed line and the fiew-pronosed property lines with a solid line if npplicable. and 5. Nortlt xn-o« atti1 sc;ale shall L,e noted. C. On a separate sheet of paper (eight and one-half by 11 inches) a writtea legal description for the existing parcel(s) and the proposed adjusted or eliminated parcel(s) with one-inch margins on all sides. ' D. One copy each of all involved property owners' recorded deeds, verifying current ow-nership of the subject property(ies). E. If available, submit a copy of an original plat for the subjeet property. A copv of the Pe;ncral land office plzit is not requircd. F. A record of survey of the property shall be completed for boundarv line adiustments to show distances froni thc.~ cxistinu, irnpn►vements tu thC tiew property linc. . e survey must be completed by a Pruf'cssional Laiid I tisurveyor licensed in the state of Washington. (Ord. 07-015 § 4, 2007). 20.80.040 Recordation. The department shall record approved boundary line adjustments and eliminations with the Spokane County auditor's office and submit capies of the recorded documents to the Spokane County assessor's office. I\11 fees for stich rcccirdinR shall he paid b~, the applicani prior to recordina. (Ord. 07-01S§ 4. 2007) Section Eight: i::~~,•~i:i c _ i _ r ~ . i 1~:.., ; _ ~ E:, ~~1. ~-..,_.i,. ._i.~~ of this ordinanc.-. Section Nine. Severability. lf any section, sentence, clause or phrases of this Ordinance should be hel(l to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity unconstitutionality shall not affect the validity or constitutionality of any other section, clause or E'~.: this Ordinance. Ordinance 09-002 Amendiag Title 20 Page 17 of 1~ DRA FT Section Ten: Effective Date. This ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by la~v. Passed by the City Council this day of February, 2008. Mayor, Richard Munson ATTEST: City C(erk, Christine Bainbridge Approved as to Form: Office of tbe City Attorney Date of Publication: Effective Date: Lxpiration Datc: I Ordinance 09-002 Amenciing Titlc: 20 Page 18 of 18 I Ucpartment otCamrnunity 1)evelapment ~ I'l:innirv_, I)ivi~ion . city t;ouncil 181 Reading- Ordinance 09-002 Title 20 Update Spokane Valley Municipal Codtj CTA 06-08 February 10, 2009 Department of Community Devclnnmeni Ptanning Division •°±s;. BackgTound • Title 20 adopted Oct 2007 • List of errars and inconsistencies created by staff • 111 draft completed August 2008 0 Reviewed by staff, Local Chapt. Of WA Land Surveyors Group, DEA & Public Review Draft Developed • PC Study Session conducted on November 18, 2008 0 SEPA - DNS issued November 21, 2008 • Public Hearing conducted by PC December 11, 2008 ~ - Plannin: l~ Department of C'ommunity Development - Plaaning Division Title 20 - Subdivision Regulations ~ Ch 20.10 Authority • Ch. 20.20 General Provisions ~ Ch. 20.30 Preliminory SHP, SUB and BSP • Ch. 20.40 Fina! SHP, SUB and BSP • Ch. 20.50 Preliminary SFIP, SUB, and BSP Alterations • Ch. 20.60 Final SUB, SHP Alterations • Ch. 20.70 Plat Vacation • Ch. 20.80 BLA's/Lot Line Eliminations Department otC'ommuni evelopment - ~~al Planning Division m . Chapter 20. 10 Authofity • Authorizes city to administer the process consistent with RCW 58.17 • No Changes proposed , i Dcpartment of Conimunity Uevclopment ~ F'lanning t)i. isinn Chapter 20.20 CJeneral Provisions • Purpose • Exemptions • Legal Lot ~ Approval required prior to recordation • Prohibition against sale, lease or transfer of property ~ Vertical datwn • Monumentation • Professional land surveyor • General design • Findings nepartment atCoNllnunity Development ~~al Planning Uivision C. i 20.20 . igniticant iang<< 20.20.020 E=emptioas. propOSed A. The provisions of this tiUe shall not apply to: 1.Ctmetcrics end other burial plots whik used far thai purpost (RCW 58.17.040(1)); . 2. Uivisions made by testamentary provisions, or laws of descent (RCW 58.17.010(3)); 3. 4 division of Isndj4Lp~$e f!~ ng,IPAf or faciliries providiqg_pcrsona! wLreless serviccs w'hilc uscd for th~t pur,,sc (RCW 58,17.040(8)). B. Thc provisions -Qf this chaptrr, ~~11 r~~ly to thc fa11wH~in~pLUVided thffi an..~~aion application and d~ng consis~enc with_2~i~0.020,C.i5.providcd tU thc citN; 1. Division af land intu luu or tracts if such division is a result of subjeding a potioo of the parczl ar tract of land to cithcr Ctwpter 64.32 RCW (Horizantat Rcgimcs Act) ot Chapter 64.34 RCW (Cundominium Act) subscqucnt to the rccording of a binding sito plan far all such land (RCW 58.17.040(7)); 2. Division ofland due to cnndemnation or sale under threat t~ereof, by an agency ar division of govemcnent vested with the power of eminent domain; 3 Division or acquisition of land for public right-of-vray; 4. A division of tand into lots or tracts of less than thrce aaes that is recorded in accofdance with Chapter 58.09 RCW, used or to be used far construction and apcratioa of oonsumer or invcst,or-ovnud elecmc utilities to med the efecvical nceds of a utiliry's existing and new customcrs as set forth in RCW 58.17.040(9). 5. dn ~si,tr, ~fl.U~d fur go~cmmcnt c1r ~!uhlic pur}+cise - cicictcd C. AnoQplicatian madc pursuant to 29.20.0 Apove shall bc prooased to deiccminc that the division t imum R.wicw fbr con orman4eo adonted City~gylacians and ardinances. 'Ih mt c p e i~_e~~n~1I K•th aD i ~iCillFOn witl d~termirx:d ta be com~lctc u n mittal f thc_fola~%jng matcrials; 1. M applicAticxt: end 2, MBpS, plans. 4nd/at exhibiU containirtgall aaplirpable information as_rc~uircd bk SVMC 2030.024.B. ~ Dcpartment of Community Development Planniap, Uivision Ch 20.20 Significant Changes proposed Proposed Regulations Existing Re~'s Monumentation: Property corners • Iron rod or iron may be marked or referenced in pipe re9uired permanent manner General Desian • Side lot lines reqr'd • Side lot lines allowed to be w/in to be perpendicular 20 ~e ees of perpendicular to R Wthln 20° Q~ _ ndicular perpendicular ~ lot lines z- ~ ~ - , Department of Cummunity Development Planning Uivision . Ch 20.20 Significant Changes proposed Proposed Regulations Ezisting Regulatioas General Desien cont. • Lot lines at local streets ran • Corner lot lines at street intersection of along the hypotenuse of public streets shall be located a minimum triangle mcasured 15' from of 2' behind back of curb. the intersection • At the intersection of two arterial streets ' Lot lines at intersection of the area extending a minimum of 15' local street and arterial behind the pedestnan ramp landing shall follow the hypotenuse of be in a border easement or ROW. Line aiangle measured 25' from shal) be arccti and only traffic utilities are intersection allowed in this area • Lot lines at intersection of ~ public or private streets with private driveways exceeding 1 ~ 150' shall be curved ap~ match thfturb line r / . ZS' /Property Line 15' . ' Department of Gommunify Development Plannin Divisioo (;h 20.20 Significant Changes proposed Proposed ReQuiations Existing Regulations General DesiQn cqnL • Tracts divided into lots "cr than 1 • Previously r+ccquired that thc plan ncre in siu nray be reqwred to show show an arrangement of the lots ficrther develo;pment corrsistent with to perntit fwther rcdivision adopted Arterial and Loca! Street Masler Plan or areas identified in aec•trun [mprvvements to be canstructed I 3~1. 035 Fulurt .Acquisrtiorr Areus ~ only referenced eonstruetion of • lmprovcmcnts to be constructcd prior to pubiic or Private strecis and filing a final plat includes alleys pnvate dnveways • Establish provisions for aitached single Attached single family sub- family sutxlivisians for SHP and SUB divisions was only allowcd as a PUI) with a 5 acrc minimum site r - ~ ~ - - - - ~ ~ ~GL ~-Departfflent of Cnmmunit}' Devclupnaent Nlanning Uivision Chapter 20.30 Preliminary Short SUbd1V1S10I1S, SUbd1V1S1011S, al1d Binding Site Plans • Application • Contents of the application • Processing Procedures • Distribution of plans • Expiration of preliminary approval • Time Extensions Department otCommunit}~ De~~elopment T„ l Plannin DIYISIOII Ch 20.30 Significant Changes Proposed ProQosed Regulations Existing Rcgulations Application • Pre-ap's req'd for SHP and BSP Pre-aps only required for Contents of Aoalicaiion Subdivisions • Plat Certificate Required • Plat Certificate required ai final • Assessor's Maps and Title • Assessor's Maps and Title Company Search allowed to be Company Search dated within 30 dated within 60 days of ap days of applicaiion • Vicinity Map scale and details • Vicinity map required- no details • Topo info @ 5' maximum contour • Topo info required at 2' intervals intervals or 2' intervals; delineate and required to be collected by slopes greater than 30% land surveyor - - ~ . . ~s ` Deprrtment of ('ommunity Development ~ Plannin- llivesion Ch 20.30 Significant Changes Proposed Proposed lZegulations Existinp. I2egulations Contents of Application cont. Electronic Files: Eliminate the Maps and Exhibits required in requirements for Elecironic AutoCAD, ESRI.shp, or files to be submitted at Microstation.dgn preliminary stage; defer • Boundary points for comers until the mylars are required on Subdivisions; submitted precision shall meet High • HARN Boundary points: Accuracy Reference Requirement El.iminated: Network or high precision defer until final plat phase geodetic network standards - -Depariment otCommunity Devtlopment je~sl Ptannin Division Ch 20.40 Final Short Subdivisions, Subdivisions, and BSP's • Final submittal • Contenis o,,f f~nal plat • Filing final short plat, plat or BSP • BQnd irr Iteu of construction limitations • Phasing "Departrnent of Community DeveloPment YlanninR Uivision CH. 20.40 Significant Changes Proposed Proposed Regulations Existing Kegulations Final Submittal • Clectronic Files: require pdf, dff, • Maps and exhibits required in or bitmap file when mylars are AutoCAD, ESR1.shp: or submitted; format of the files is Microscation.dgn at time of specificaUy identified submittal • All dimensions shall be shovm; Par[ial dimetrsions shall eqrral the • All dimensions shall be shown in overa!l measurement shown feet and hundred's of a foot. • Boundary poiots for corners shall be located and referenced to • Boundary ints for corners must Spokane County GPS control ~ l~~~y GPS to a High project and that coordinate system pccuracy Reference Network. - controlling points must be indicaied. Department of Community Development ' Planaia Division CH. 20.40 Significant Changes Proposed ProQosed Regulations - Contents of Final Plat Signatures on plat: Eliminate Water Purveyor and Fire Department Signature Requirement • BSP's allowed to be phased (curnently only a SUB option) New information required on final document: - Radial Bearings required on non-perpendicular curves - Monuments removed and not replaced - Graphic Bar Scale - Reference and shoNN, adjacent surveys, and plaued lots and easements - Lot sizzs shown to nearest sq. foot, excluding private or public ROVI.' ~ Departmcnt of Comrnunity I)evelopment -y-, Plhnning Uivisian ;2 : CH. 20.40 Significant Changes Proposed ProQosed Regulations Existing Regulations Bond in Lieu ot Construction • Street improvements (sedewalks, ' improvcmcn~s must wnstitutc less drainage and approaches) liwn S% oftotalcapital requlreinents - pursuant to Street StxndArds 'ImProvements to be compleled wlthiir one year of final plat approval • Failure to campletc thc improvement • Non-street improvements (trails, does not impuir lhe fiinction or feneing, landscaping) operation of any existing public - Improvcmrnts completed within one systems yeur of final plat approval • Applicant does not have any -Tbc epplicanc das not have any outstanding improvements not outstanding improvemrnts not completod completed -?he surcty is in the torm of a cash . Im rovements could not be comp leted savinEcs assignement or irn,wocabk letter due to x-eat/rer or product supply of crcdit in an amount ai leasi 125 /o of the estimated value of outstsnding improvcmrnts. Departmeut nf C.ommunity Development jVal P19nnin Divisioa Ch 20.50 Preliminary Plat, Short Plat, and BSP Alterations • Applications • Notice, Decision, filing plan , ~ene\ Department of C'ommunity nevelopment !'lanninQ Divisiun . Ch. 20.50 Changes Proposed • No significant changes • Clarifies that an alteration is subject to the requirements of 20.30 and 20.40 for preliminary and final processes Departmcnt otCommunity Development 6 j~al Plannin Division C;h. 20.60 Fiiial Plat, Short Plat, and BSP Alterations • Application • Final Plat Alterations - Notice, PH, decision filing re9uirements • Final Short Plat and BSP Alterations - Notice, decision, frlifig requirements Department of('ommunity Ucvelopmcnt Planning Division . Ch 20.60 Changes Proposed Proposed Regulations Existing Regulations • Adds BSP Alteration as a • Fina1 alteration process did Type II process not address BSP's • Establishes a process that allows a record of surveti• Not addressed to establish lots within a recorded BSP (20.60.040) - Specific information required 7 Departrnen# of C'ornnaunily 17ev~elaprrzcnt ~~a1 planntng Uivis"tt~~ ~ Ch. 20.70 Plat Vacation ' APplication • Process • No change prapased to this chapter ~ pepnr#ment tr'F['ommuni~y Development - - - 1 I'lanriin- Divhiori ~ Ch 20.80 BLA's/Eliminations • Scope ; Review proces~ ~ App~~cation +~nd drawi~~ ~equarements , Record~~ion , Department of Community Development ~ - ~ PlAnning Division I Ch. 20.80 Changes Proposed • No significant changes - Clarif cation that the BLA process can not be used to make an unbuildable lot buildable - Stipulates that a 13LA shall not violatr zonini, setbacks and must t.i4:v ititu co~i»idrrmimn Futurc Acyuisition Arcas. Department of Community nevclupment ~ Pinnning Division Title 20 Update (CTA 06-08) lst Reading Ordinance #09-002 Questl'ons? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Z new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Schematic Design Services for the New City Hall Facility GOVERNING LEGISLATION : PREVIDUS COUNCIL ACTION TAKEN: Council approved the City Hall Program document on July 15, 2008. BACKGROUND: Bemardo Wills and GGLO developed the City Hall Program document which outlines the function and space requirements for the future City Hall. In order to continue the development of the City Hall project and continue with the work schedule approved by Council I have attached a proposal from Bemardo Will and GGLO for schematic design services for City Hall. This phase will develop the architectural and engineering schematic design for the City Hall building including a detailed cost estimate. The cost of the service will not exceed $377,000. 4PTIONS: Approve the contract or give staff other direction. RECOMMENDED ACTION OR MOTION: Move to approve the schematic design contract for City Hall to Bemardo Will/GGLO in the amount of $377,000. BUDGETlFINANCIAL IMPACTS: Funds are available in the Civic Building Fund STAFF CONTACT: Neil Kersten ATTACHMENTS BWA/GGLO Proposal BERNARDO WILLS ARCHITECTS PC November 10, 2008 N1r. Neil Kersten, AIA City of Spokane Valley 11707 E. Sprague Avenue Spokane Vatley, WA 99206 Re: City of Spokane Valley - City Hall Schematic Design Services BWA #08-365 Dear Neil: Based on our pre-design and programming v~rork d; underst~ ing of the project, we are pleased to offer this fee proposal for the nincrement vel of architectural and engineering services: , A. Proiect Description: Construttion of a Q00 to 60,OQOt sf thr -'tory plus basement ~e~ municipal building on a 31 acre parcel situate~as•a part~oe proposed ~it, Genter project s:.*:. . , at the former University Shopping~Center with p'rogram,5tp~ces and featur escrtbed in the City Hall Program report dated 5'IAt-008 prepared ~y,Atie BWA/GGLO design team. Exterior building design is expected toA``Et.ude" me cornbi'xration of masonry veneer, pre-cast concrete features, and glass/metolcuYft'u~a[l witli'`steel joist/steel deck or cast-in- .place/post tensioned concrete flool'~and roo ~tsy~,tems, anJd~c`onventional foundations and footings. lnterio .;,ip~rd~ements ar' expeck~d;",I,t4inclil da complete buitd out of programmeds~ a~t~vel of finis o nafe ta ~be use. r ~,f:s ,~PPI. p •y~ 4 •x: ~ • Ad ~`4 Site improvement -work is ex ed tv incnew and existing parking areas, utilities, landscape areas, petl,~S_r~an,,al~,ways and~~,r~ance plaza, screened trash enclosure and loadink~l,service/del~~~eYy a~ea$i,te.fumi~ i ~ s, lighting, curbs and gutters, etc. for the , ~ t~: ~ are ~m ediately~a'd'aceri~~,t~ofthe City~ ~ at~ibuil M. Although the project will likely include acf mo al park a d ~ za op t1~ ace and`.qf~site worlc such as street improvements and uti Ntfis ensions;,: se co~nents are not defined at this time and conceptual design worfeatures 'iS,~ , art o' fTr~eparate design proposal and task and is not included 1r at ta part of B~ervt ces., ; , The current co0"is~uction b et for the project is $14,100,000 escalated to 2010 dollars, not including a 5'~ anae r contingency, design fees, sales tax, testing and inspections and sirnilar soft co'sEsj u, in the referenced City Hall Program. The project has a LEED goal of 'Gold' or.l~t't B. Scoae of Work for Basic Services: Schematit Design generally represents approximately 15 to 209G of the total architectural and engineering effort for a project such as this. The work will be produced primarily using Building Information Modeling (BIM) software to generate both 2-0 and 3-D drawings and sketches. Using Building Inforrnation Modeling software from the inception will facilitate transition between phases, provide better inteqration between disciptines, and allow the design team to better present design concepts and systems to the Owner. It is the intent of this fee proposal to provide Schematic Design Phase services as an incremental step to move the project forward and to further define the project's scope, character, features, and budget in accordance with the attached Exhibit A Schematic Design 107 S HQNJIRD FOURTH F100R SPOKANE YIA 99201 509•838•4511 FAX 509•838•4605 HWw.BERNARDOHIILS,COM BERNARDO I WILLS ARCHITECTS PC I Scope of Work. Based on khe approved Schematic Design Phase, future phases of our work , will inttude Design Development, Construction Documents, Bidding, and Construction Phase services. C. Fge ProQosal for Basic Services: We can provide the best and most responsive service in the formative phase of a project if our fee is based on the actual tirne we spcnd on the project and our standard hourly rate schedule with provisions for consultant costs and reimbursable expenses with the following not-to-exceed budget: 1. Schematic Design Phase $377,000•00 ► Architectural $174,004•40 ► Civil Engineering 17,500.00 ► Landscape Architecture 390500.00 ► Structural Engineering u,500•00 ► Methanital Engineering 28,540•00 ► Electrical Engineering 15,500.00 ► Interior Design 000.00 ► Cost Estimating 0.00 ► LEED/ELCCA 33; . 0 < Graohics Et PresenCation Materials 45,000, U. 7otal Schematic Design Not-. •Exceed Budge ~$377,000.00 , The above is an estimate only a eliour5 and cos. . ay fluctuate beiween tasks as the work progresses; however, we not-;e*c,eed the e amount without your prior approval. D. Services Not Incl det~Tn ervices: ased:~o ur u. e standing of the project to date, the following se`~,1e- are n cluded i' Services b t can be added if necessary or requested. ' h1C aIl ubdi'~~ r proce'' ` e e aPPlications, Public hearin3s and/or similar lan actio - raffic Study,+ ' echn nvestigations or Environmental Assessrnents •ising previou ' ornpl r approved work at the request of the Owner • Developme r Cons ion Documents Phases ► Ce tians, insp ons or testing required by regulatory agencies • Buitdi missio ► Value En rin rmal Constructability Reviews ► Inventory o~' ' umiture, fixture, and equipment (FF'E) E. Time Schedulgi Estimated Schematic Design Phase duration is 12 to 16 weeks. F. Reimbursable ExQenses: The following costs are directly associated with the project and are invoiced as reimbursable expenses at 1.10 times our direct tosts: ► Printing, presentation boards, and overnight shipping ► Fees paid to regulatory agenties or USGBC for project review or registration ► Travel expenses from/to Seattte (airline and per diem) BERNARDO I WILLS '.AkCHITECTS PC This fee proposal is intended to be short and concise, but we can provide additional information such as an expanded list of work for any of the listed tasks, estimated staff-hours, drawing index, consultant proposals, etc. We look forward to continuing with this project and are available to answer any questions you have conceming the above. Sincerely, Gary Bernardo, AIA Principal ; Enc: Exhibit A Schematic Qesign Phase Scope of Work ~ Accepted By: 'N;_ ~ - Signed Date , „ I i BERNARDO I WILLS ARCHITECTS PC Exhibit A/ SchematiC Design Phase Scope of Work Date: November 10, 2008 Project: City of Spokane Valley - City Hall ~ It is the intent of this fee proposal to provide Schematic Design Phase services as an incrernental step to move the project forward and to further define the project's scope, character, features, ' and budget in accordance with the foltowing scope of work: Basic Services A. Architedural: 1. Prepare draft schedute for work and periodi-,up~! tes a-,~k progresses. 2. Review surveys, work to date, applica~~er~codes, and . att~er pertinent information applicable to the Project, including: pr.opased Ciry CenteF..p sign Guidelines and the . proposed zoning code. 3. Prepare comprehensive building code a" is based n occupancy:graups and assumed construction type. <x 4. Meet with apprvpriate a "es (i.e. utit -t-&- anies, waste rnp-agement, fire department, etc.) to deter n`~ ' d-party arametets. 5. Meet with Owner's Core Tea ~ A ated rep ~tatives to confirm Program, design r tiv„„ concepts, goals, and strategies~ rogr~. 6. Develop Conceptual Design Alt _ tives trating b site-plan layouts, ftoor plan diagrarns, and a a s s i n g fo ` er r;, 7. Based on t.~e,t~e?r"' ~ oncept _~D^yr"` ~Afternative, develop Schematic Design Documents to.:;: escribe size, ;r, and'`features of the Project including architectural, lands interio tructural, mechanical and electrical systems and rnaterials an o ents a' ropriate. ..,z.--: 8. Le 6; _ y~,~~ _l, eting ~,j a~ ake presentations to the City Council and ~ ' gro ~ reque , ic key meetings indude: Meeting 1: . off g to revra nd confirm program and project design goals . - ~,Meeting 2: D`., Con Charette to review design team's initial concepts and ~t;;prQvide directio ► Mee~i , g 3: Preserit:~3 design cepts and select preferred option ► h~ee~ .4: Schem ~a:ic Design Charette to review design tearns initial Schematic ~ Deslgm~ and provtde direction ► Meeting cheTit e Design presentation to Core Team for review and comment ► Meeting 6: res t Cion to City Council 9. Provide overall prmanagement including coordination of multiple consultants. 10. Prepare Schernatic Design Construttion Cost Estirnate. 11. Provide draft of Schematic Design Submittal for Ovmer review. Based on review comments, finalize Schematic Design Submittal for formal approval. 12. Prepare outline specifications. 13. Assist Owner in analyzing different projett delivery methods (i.e. traditional sequential clesign-bid-build, negotiated designlbuitd, General Contractor/Construction Management-GC/CM, etc. 14. Assist Owner in defining public art opportunities for project integration. 107 S HOWARD FOURTH FLOOR SPGKA!!E k'A 99701 509•83$•4511 FAX 509-838•4605 Www.SERNARDOwiLLS.COM I , f BERNARDO WILLS A~'C - ITfCT;, P', 15. Prepare formal Schematic Design Submit[al package to include Design Narrative, Drawings (site plan, floor plans, elevations, building sections, character sketches, massing s[udies), code review summary, outline specifications, and cost estimate. B. Civi l: 1. Analyze existing utilities and road system within the proposed City Center to define preferred infrastructure extensions to serve City Hall, as well as future City Center developments. Develop phasing plan for infrastructure improvements. 2. Prepare preliminary LEED analysis and assist with Cost Estimate. C. LandscaQe Architecture: g program and reqeri"ents and develop preliminary 1. Confirm exterior desi n nehrtt~. landscape/hardscape strategies for site and adj reet f rontage. . 2. Assist with site plan development to assure,campa e with zoning code and other ~ development standards. . 3. Prepare preliminary LEED analysis and as5ist th Cost Fs'f- ate. . ~ D. Structural: ~ 1. Review Geotechnical Report and anal e o tional structural sys e" ~ including footings, foundations, floor framing, roof frami nd resistin e~nents for cost effitiencies and constructabitity. ! ' s.: 2. Provide narrative summariziYxt'e€erred syst y c-'r,des, loading, and se~smic standards. 3. Prepare preliminary LEED ana(Ysis~a`nd•assist with`~~oSt,Estimate. r ; `1 ~ i E. MechanicaL 1. Analyze optionat~F'y~sk'~ s for plu g, HVAC,; ; nergy `qptrols and prepare narrative summarizing.preferrecf° , ;t~ms. N r~ S,1';~~:.,::.f`• _ 2. Provide one=l~n:_e,sflow diag..ra~~ :r+. , enefgy-~pod: nalysis,~ preliminary LEED evaluation. fy p g d~ct chases,~~, e 3. Identi lumbit~ r-risers, ; equipment rooms, air intake and exhaust chanital locations,7fisnkter ser, an ecial occupancy zones. 4ft 4, Assi `Cost Esti" 't~- . F. El s#ri al: 1. ~i l e optional SyS~ems f4~',~tighting, elettncal service and distribution, fire alarm, poW ~/communicat~ontdate and,~ r,epare narrative summarizing preferred systems. 2. EstabttS ~ arget foot-Midle levelor various program spaces and task/ambient lighting strategie%, 3. Provide one, f e servic i~graiii. 4. Identify ri5e nel l ons, elec[rical rooms, cable tray locations. 5. Prepare prelim~fl ;-EER and assist with Cost Estimate. L: G. Interior Design. 1. Review fumiture, fixture and equipment (FFE) needs with Owner to determine re-use or new and assist with preliminary space planning and FFE scope (FFE inventory not induded). 2. Establish typical workstation and office needs based on staff functions and develop preliminary FFE budget. 3. Develop preliminary typical material finish matrix for program spaces for hudgeting. 4. Prepare preliminary LEED analysis and assist with Cast Estimate. H. Cost Estlmatinq. t ` BERNARDO I WILLS ARCHITECTS PC 1. Provide input to design team regarding proposed building systems and materials. 2. Prepare Schematic Design Cost Estimate based on quantity take-offs and unit prices. l. I&ED/ELCCA: 1. Review Guidelines for Public Agencies in Washington State Energy Life Cycle Cost Analysis (ELCCA) requirements and establish strategies for compliance. 2. Review LEEO Checklist and establish credit opportunities with design team and Owner. 3. Register project with USGBC and set up on•line account and web access. 4. Organize and conduct 'Eco tharette' for Core Team and Consultants to discuss LEED opportunities and goals; make abbreviated presentation to City Council and Stakeholders groups as requested. J. Graphics and Presentatlon aterials: 1. Prepare graphics for City Council or Stakeho~o~~r ations to include 3D computer models, PowerPoint presentations, andlor end~tings a. etches of project. 2. Prepare printed graphics for Design Cona ~ ubrnittal an~i~►~chematic Design Submittal packages. ~ , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-10-09 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ infoRnation 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: 2008 Accomplishments Report GOVERNING LEGISLATION: n/a PREVIOUS COUNCIL ACTION TAKEN: nla BACKGROUND: Staff will present the 2008 Accomplishments Report. The report includes accomplishments in support of the 2008 Budget Goals as well as general accomplishments of each City Department OPTIONS: RECOMMENDED ACTION OR MOTtON: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS: - PowerPoint Presentation 2008 Accomplishments , *Wane 2008 Budget Goats • Continue monitoring wastewater Issues, including govemance of wastewater facilities, and pursuit of the most effcient and economical methods to ensure the continuation of wastewater discharge licenses. • Refine initial departrnental six-year business plans in order to identiiy and incorporate fiscal impacts into a strategic financial plan. • Formulate a Six-Year Strategic Financial Plan by July 2008 that forecasts expected revenues and expenses; incorporates the cost elements of departmental business plans; identfies fiscal constraints; and, proposes formulas for Coundl considerabon that institute sustainable budget-balancing approaches and itemizes necessary service reductions or revenue mcreases or combinations thereof. • Initiate implementation of the sub-area plan for the SpraguelAppleway Revitalization Plan. • Adopt area-wide rezoning proposals consisbent with the comprehensive plan that refled appropriate adjushneMs in zoning designations. • Perform an analysls of land owner inftiated request for annexation. 1 ~ ~ ~ ~ ► 1 , ~ , stimF ~ ~Ac~ O~P~ BY EN ~,,EPAFtlrMIEN ~ ~ - ~ ~ • ~ti~ ~ ~ , : r ~ • .y _ . , . ~ ' , ' ~ ~ j Regionat Representation ft. - . , -a«.t.. . . - J; po. b:+ • • . • w d 0 M WasW Usison i w • p• Y. : eo 1• o ' _ : o- d o o County • d.bte HoLming ~ I:~« ~ f Task • ' -Em . : • cr: W : o. s 911 o -Noitheast • s • t I • -G~Spokam >1 po " ' • p• ' egio ' • : -Growth _ 1 t ' po o i_.t o :1 on ft- _ • (•.d O~~ « . - " - - o -Spokane, •gional Heafth D -W« L o. • p. -i d i Waste • . _ o Bwtd- -Spokene, County • ~ - ' s o - Trapst Auffiority Comffwnk Dewlopffmmt ' c u. t oudm Pm i m - ' d M • t:: ;r c •:i . . s - c- _ ~ I ~~ne Emergency Declarations Valley View Fire ~ ,~July 11, 2008 , , i i 1 Winter Snowstorm December 23, 2008 ~ 3 WcoQW Executive 8~ Legislative Support j Legislative Support Provided support to Council at over 50 regular and special meetings, and study sessions • Regular Council Meetings 20 • Resolutions enacted 24 • Study Sessions 23 • Ordinances enacted 29 • Special Meetings 12 • Contracts signed 166 • Total Meetings 55 . _ . ~~ne ~ Wky . Executive & Le9islative SuPPort Records Responded to 347 Public Record Requests A decrease of 17 from 2007 Records Management • Implemented Laserfiche Document Imaging System • Hired two temporary computer scanner operators • Scanned/uploaded Most City Clerk's Documents: - Ordinances, resolutions, oounal minutes, oouncil ~ packets, contracts, pre-incorporation documents, - transition team reports, franchise agreements ` - ~ • Scanned current and past budgets • Working on scanning documents from basement • Archiving documents in tandem with scanning ~ ' - , 4 - • "~ane 4g;IFwExecufive 8~ Legislative Supporl Employee Safety Committee ' Committee progress during 2008 ~ Monthly Meetings as per WAC 296-800 Meeting Topics • Draft Accident Prevention Program . , Personal Protective Equipment needs ; V • Heat Exposure Rule . Evacuation Plans ~ • First Aid Supplies Training . T . • Fire Extinguisher Training L - • Addressed Safety Concems of City Hall Parking Lot ' ; Research future training opportunities ' r - ~~'~~~alle j~alley• ~ Finance ~ HR - OCM intvtiorm and Admint"Strative SWV ~ ~ ~ 1-, ~~ne ` O~rations 8 Administrative Services j,~~,. 2008 Budget Goal: Refine initial departrnental six-year business plans in order to identify and incorporate fiscal impacts into a strategic financial plan. - , tr~~• ~ . Operations & Administrative Services Business Plan Process Qq FonndrAioe l Qty Co.ncil / e~, cooe Euers~d I.pat Iatenal IspW i Cttica P,uticip~ica Lusc! w! C7s~~11aim~cr ~ ~nicrDe~iirery A~n ~ CMf~s~ Sunsp Eapbo.a Foas (1~wips Commar Cacb Case~ T~ Rad~ctioa ~ focoi Gmap~ Sunry C~ooiat Cort~o~deoo~e Rcwurc+e Aedysis Deputoental Bdisass Plas CaoFc~ti.o Pla~ l~fi~slai St~lannu ~Yot Trraqnrtaioe Gedk tapranaoent PLo b-Ywr F'oancial Ptaa 'Worffad hdicawn UNOwplrtt Ma1e;ng 'Ptdocmenct bAomfamcia • Nea' Plam o~poaam 'u" 1 Pub maga A." Uqvwt Baideas ram r.tor.arz Ambsts E~aepdad Au nems Aeo.v ~ 6 Tr C ~Qw Operations & Administrative Services ~`%Wy- Business P{an Excerpts Workload lndkators: 2008 2009 Prvwellslsvwles cfeaned ~ Drywells/swales tepaired ~ Drywe@s/swalas tonstruded ~ Cilizen requests for drywells ~ I Perfortnanos Measunmertts: 2008 2009 Percentape af drywelWsMraies satistadory condltion or obove , , . . , a DrywelkJswales desned per FTE a Cost oi deanlN drywelisrswales per capita ~ Percentape ot dtizens vrho rated qua(Ity of stortn tn drainar as'Qood' or belter (survey) ~ ~ 000* ~~ne Operations & Administrative Services ~ Contract Administration • Conducted audit of Public Safety Service Contracts ~ - Review case and usage numbers to ID fluctuations and extreme trends - Select areas for auclit • Initiated research on w;i it;L--:. - Immediately following notification from County • Compteted analysis of law enforcement billing - Contraded with Finanaal Forensics to complete an independent review • Identified and selected performance measures and workload indicators for Business Plan - Examples from ICMA, GASB and other cfies 7 Operations & Administrative Services Human Resources Hired a HR Manager and HR Technician, establishing a HR Office • Instituted a pilot flex-time policy for non-represented employees • Filled 100% of positions, including some difficult recruitrnents i.e. stormwater engineer and administrative analyst - In 2008 HR received 1,352 applications - Conducted 154 Interviews - Filled 15 Regular Full-time positions and numerous temporary - The City of Spokane Valley current(y employs 89 regular and 22 temporary employees • Completed an audit of all 1-9s ~ and insbtuted the new federal regulations on immigration and control. Revised fonns and review process. iij ,;oOValky. Operations & Administratlve Services Human Resources • U pdated H R Website • Initiated Wellness ~ prog ram . • Expanded recruitment - resources to include professional organizations • Made progress on training plan for city employees 8 [ITt [i pe Operations 8 Administrative Services 4000~~. Public Information Plan and Implement Community Events for City Five Year Anniversary • Community committee - Anniversary logo - Five year "Birthday Party" - Arbor Day planting of five trees in Mirabeau Meadows - St. Patrick's Day Parade and ValleyFest Parade ' - Booth at Interstate fair and ValleYFest ~ - Children's coloring contest - Five Year Anniversary Quift 40;00f rvt su • ~~Ot IMCG~f~lpMorch 31. T003 fo Morch 31. :'JOa ►~~i~E~ane 5 Councilmembers and 17 Staffers ~Vdky. celebrated five-year service anniversaries7 Mayor Richard Munson Deputy Mayor Dick Denenny Councilmember Gary Schimmels Councilmember Steve Taylor Councilmember Dlana Wilhite City Manager David Mettier ~ Assistant Planner Karen Kendall Deputy City Manager MUce Jackson Public Worics Diredor Neil Kefsten Engineering Tech Shane Artt , Administrative Malyst Morgan Koudelka City Clertc Chris Balnbridge C Sertbr Planner Sc;ott Kuhta Code Comp6anoe Offioer Chris 9erg Planning Manager Greg McComnidc (T SpecisC~st &ng Bingaman Senior Center Specialist Karen Clark-Parson Deputy City Attomey Cary Driskell Finance Diredor Ken Thompson Assodate Planner Midci Hamois Senior Engineer Steve Worley Senior Engineer John Hohman 9 i Try~ ~W---Iey' _ . S06igne 4g;00 IM ky •.a~r~~~r~~~.~. y~ ~ • ~a~;{~ . MO/Ch 7?007 /o I.bCq ~1. 7701 l . _~it{i4~- ~ _ ~ ' . i; -;~Fty6. - _ _ ~ j , : . L ' ~.M~.•d,r~ • ' • 7 v R.~ - ~ r Q•-T _ . • . ~s-•--"---- ~ $&&w ,V`~ Operations 8 Administrative Services j . Pubiic Information Conduct Community Survey • Contracted with ICMA National Citizen SurveyTM • Survey process began January 5, 2009 • Final report in mid-March 2009 ~ - Natlonal Citizen SurveyT'~ 10 Operations 8 Administrative Services 4g;001MkY. Public InfoRnation • Provided general public information support to all departments Item ~ 2006 1 2007 1 2008' ~ ~ Media releases 56 52 203 "Eamed" media stories ~ 681 1461 2431 ~ . ~ Total number of inedia stories 536 598 673 Total PIO media contacts ~ 307 260 ~ 2731 . ~ ~ I "Impacted by additional traffic r+eports and hiring of intem lncludes aIl P10 media activity for al1 departments. Operations & Administrative Services j Commute Trip Reduction • 25 employees participated using commute alternatives that included: • Rideshare • Transit • Bicycling Trmpl (Greeno • Walking Cir(eeno • Compressed work week p.r."%.,1ff=w i~~n,~,,, ~ut r , ..~,..R;, • 2008 results • Eliminated 16,770 single occupant vehicle miles • Reduced carbon monoxide emissions by 922 pounds • Saved city employee commuters $9,559 11 J ~ 0000 • j~~y. ~ ~ _ ~ ~ v J ~ - ~ a f ' - eti ~ Ab r ~ • , ~ i ~ r ~ r or . rt i c* ~~►Ll~ I\. 4g;0001F Vajky. Finance 2008 BUDGET GOAL: Formulate a Six-Year Strategic Financial Plan by July 2008 • Forecasted expected revenues and expenses • Incorporated the cost elements of ~ departmental business plans • Identified fiscai constraints ~4;:> 'c pp0 ~i 12 ,;oOValliey. Finance Implementatian and Compiiance • Conducted research on new street fund revenue sources • Reviewed City center financing alternatives • Reviewed insurance recommendations , ' suggested by Washington Cities Insurance Authority. • Implemented suggestions made by - the State Aud itor's office. a ~kane Office of the City A ttomey _ - ~ I ; 13 OROMO-M Of€ice ~rf t.he City► Attor~ey In Suppvrt of Council Gcaa[ to lmplement SARP • N+egotia#ions ongoing throughou# 20,08 with property owners. • SARP revieweci in detail wfth staff, numerous changes made tv compfy with state Iaw. - Funding resources expiared and presented to Council. J ~ • ~ IU#a ' r 7..7. !s• $+Y4 $W:& ~ ~wl ey. offi~e of the CIty At~omey Business Plan Objectiv~~ - Assist %n deuelopment & finaliza#ion of City Intiex System ~ hlumerous meetings with staff to identify index system and assist in creation of cvrnpreherrsive systems. ~ I--rard copy files, electronic files (including email), and task mar~~ger ali re#erenr,e the same syrstem, ~ City Aftorney index sys#em is cvmpleted. ~ , 14 ~ . Office of the City Attorney I Draft all pleading necessary to complete appeal of decision affecting transfer of Appleway ROW by County, according to timeline established by the courts. • Appeal is finalized. • Petition for review by Supreme Court is finalized. • Successfully solicited ► t~ . , ~ amicus support from Washington State Association of Municipal Attorneys and Association of Washington Cities. ~~~Ile ~Wky. Offce of the City Attorney Participate in the creation or review of various City processes to ensure legal compliance [annexation process; enforcement process; Local Improvement Districts (LID)] - Focus during 2008 has been on planning procedures to ensure that the appropriate laws are followed and conditions imposed on development are appropriate. • Numerous code revisions drafted or revised to further this goal. 15 L i ~~~,r~ Ofifce c~f tt~e C~► Att~arr~ey Complete aIN code compliance mo+difications and Eevise #he compliarrce palicy► handbook. • Provided clear direction far cotle compliance staff for resolving cvde +compliance violations. , * TFre City Council recently passed all of the r+ecommendations Cary drafte+d and t+vok through the P'lanning Commission. * Cary is currently working vuith arr intern to implem+ent thase wi#hin the palicy handbovk. S"KA.NE'U'ARIEY IYILFh11CIPAL C43CiE • P--+.aftf:.an Mthit 6u.eW 4H1nw[ra - M7i,. bep si' 7Vpdrrcn 4t,16Wae"rµ - *oVne i 0 r-'ub F „ - sa ■ 1 16 ■ A ~Valley• Pu ic VfetL Accomplishments at Spokane Vaile Police Departm during 08 • Spokane County Evacuation Plan was tested in a function analyzed, modified and approved. In July 2008, the plan sed successfulfy m Valley View Fire. r • Employee evaluation process has been revised and implemerrted. • Security measures were implemented at Spokane Valley Police facility: installafion of concrete bollards and wheel stops in front of parking {ot; front desk fortification; shetter-in-place established m facility lunchroom with stored food, water, and emergency supp:ies. • Spokane Valley shoulder patches on officers' uniforms, visibility of SV logos on police cars improved, to contmue to enhance Spokane Valley identity. • Partiapation in extensive ang investigation (Hybris) and high-level drug investigabon (Generations during 2008. S~l~ane Pu ic afe -continue • Presentations of educational information on Commun' t~'o2 Infrastructure; levy passed successfully for funding. ~ ~ ~ • Reduction in speed limit at Mirabeau Parkway was implemented to help prevent pedestriaNauto accidents and increase public safety in that area, recommended by SVPD and S.C.O.P.E. • New LEXIPOL Zshington licy was adapted and approved. LEXIPOL complies with State Police and Chiefs accreditation criteria and guidelines. • Intelligence Led Policing (proactive rather than reactive) has moved into the implementation process. • More than fifty Spokane Valley police officers were named in commendation letters from ciUzens and supervisors during 2008. , 1i J m ~~010000~, A M Pub c kfe j~~,. Accomplishme rec y Affec ing Community I Citizens a Public Sa • Panhandling issues reviewed, SVPD assisted panhandling d committee wnth studies of problem. • Schooi Resource Offcers responded to severai school in dents and lodc- dov+ms. • Traffic Unit worked with Public Worlcs to prioritize top six traffic problem areas in the Spokane Vailey. • Continued to encourage bank visits by offioers, thus providing a visible law enforc:ement presence to help prevent cnminal adivity. Note that Spokane Valley experienced fewer bank robberies than other nearby commurnties. • Annual Crime Prevention Conference held at CenterPtace. • Effiorts to establish graffiti removal process in the City of Spokane Valley moved forward. • City of Spokane Valley position in nation's top safe cities rose from #131 to #87. ' I (114. !/tua~olt~ ' W~y' - 11~pP~oint'- '7',T~_ ~ ~ r . '6. ~ ~1 • t;~ ~ ~ - ~ I t(2~9 I Mitrabeiai 1'•~ ~ Park ~T a L n,: 27 C" ` Community - - _ DIA - ~ iopment fl . -'a o ~ : i. ~ '~okane~ i - ' - - r---- - ~-.~IL6i7 _ ~ u L~ r, ~ ~ °Y~ o _ M . . . . } 18 Spokar~e Community Qevelopment ~ Administration Provided administrative support for Planning Commission Provided #raining to staff in the following areas: » New Development Code » Leadership » Customer Service » Vesting Rules , ~ Community Development j~~~ 2008 BUDGET GOAL: Initiate implementation of the sub-area plan for the Sprague/Appleway Revitalization Plan. • Planning Commission -11 public meetings • City Council -14 meetings in 2008 • Anticipate completion - Spring 2009 a. - . iReu►italiia~tion P1an _ , ~ 19 , rn is Community Development ~%Uey. Planning Division 2008 BUDGET GOAL: Adopt area-wide rezoning proposals consistent with the comprehensive plan that reflect appropriate adjustrnents in zoning designations. 2008 BUDGET G4AL: Perform an analysis of land owner initiated request for annexation. • Completed Annual Comprehensive Plan Update • Selected consultant for Planned Action Ordinance for City Center • Worked with Spokane Region on Urban Growth Areas and Annexation Agreements • Completed 6 code amendments through the Planning Commission process , &ne j Community Development Development Engineering 71tT ~ ` g~~k}^r RwtoO~~StO ~ ~ _ • Completed the Regional Stormwater Manual by local ` adoption ~ • Completed the DRAFT Street Standards S ~ • Coordinated a residenfial ~ driveway approach with the aYA I~Building Division ~ ~$b e~1ey 20 _ ~ rm 00 Community Development Building Division ■ Prepared a clearview triangle compliance program. ■ have purchased equipment ' ■ Worked with Fire District to ' update the Interlocal Agreement - - - - ■ Developed an interagency brochure on smoking shelters Community Development Permit Process All divisions provided staff to review, approve and inspect projects like Worthy Office Building, Kohl's, Hampton Inn, Winco and Chuck E Cheese. ~ ~ - - sooo ~ 'ts°° / - - - 4ooa ~ ~soo 2soo ~ 2WO~ 1500 i~ - ~ t00C1 ~ . / ~ - in-,d ::.o recerw_d builcfinQ parmitf COnflifMCid pw and proceised issu9d wplkifbn rrteYtkfps oondud~d , 21 cri a 0~ Community Development ;oo* Valky . Code Compliance • Responded to 639 citizen action requests • Brought 713 properties into compliance • Testified at two appeals and three court cases WCV ~i►alle Community Development jAMJey' Code Compliance '7: 1 , Z ' ' • ~ ,~►1 _ •~►.r ~ l 'r 'S- ~ ' ~ ~r : - • - ~ ~ • , _ . ~ l~`i : 22 0000 ~ * ~~'a~ Community Development ~VaWy. Code Compiiance , • r _ _ _ ~ - ~ ~ ~ ~`=~_-t ~►'.D !.y `t i- ~ ~ ~ ` • - 0000, Community Development Personnel ~ Jodi Main obtained her Certified Permit Technician Certification. , - , y ~ Ryan Brodwater passed his EIT (Engineer in Training) exam _n Mary Kate McGee eamed her Bachelor's Degree in Leadership and Professional ~ - ~ Studies. 771 23 i ' ~ _ Parks & t~ Recreation - - ' ~ ~ . St . . ' ~i c- ~ r .~1~`1 ~ ~ ' • tir f - ~,S;t ~l~pU~~ne Parks Administration & Maintenance • Completed design work of Valley Mission Park improvements. • Applied for RCO grant for design & development of Greenacres Park. • Completed design process for the Children's Universal Park. • Celebrated Arbor Day with new tree plantings at Mirabeau Meadows. • investigated accreditation of Department through National Recreation and Park Association, .a `±i`, ~ ~ w r _rx i~ ~ k• , ci ~ r d I '~.t1', ~ i - i 24 CenterPlace ,,;OOVaft. • Marketing plan was implemented with increased advertising, along with the developmerrt of corporate and hotel partner brochures. • Updated and restyled website. • Janitorial services were contrac#ed to ISS Faciiity Services. • Provided year-long training for seasonal staff to improve customer servioe. • Created Food Servioes RFP for non-exclusive caterer. ~ ) l ~ r.S I ~ - J tr '~•r 5ne CenterPlace ~~ky. Reservations and revenue continue to increase. xoM orww.s 6mu. ceir..Pls+e r.r.Fne wrenu. a~n~ Canprron m raaomm I/~ I I oo / ~ s.oo.oaoao + aw - . - - - ~ ~ _ ool atm.aao ao tc- •lmf~l o xal ~ nm om ao s 700 7N7 ToO°° I c , • lspnemm ~ 0 - - - I Emponew d0 Ild bK'fldf QN bWkp Of MOfkstW011 1.pW=IMfr A/xS I. a + U' `4' FT I 25 Sp~kane Aquatics , • Implemented new cash handling plan at all pools. , T:~•''Ti : • Began renovation construction of our three t-~ outdoor pools. • Hosted a Splashtacular water safetY awareness ~ , w ~ ~ • - event at ~ - ~Valley Mission pool. ~ *01QW,Recreation • Coordinated two summer outdoor movie ~ nights in Mirabeau Meadows. Over 500 total e w ~ participants attended. . ; • Offered new classes for adults, including scrapbooking programs, infant massage, j~ and mother-daughter safety • Offered new programs for children, includinc ' cheer dance camps and Lego camps. . • Partnered with the City of Spokane to advertise their outdoor programs in our - Parks & Recreation brochure. Partnered with the Spokane Valley Rotary ` Club to present Breakfast With Santa. Over - 200 participants attended this successful event. , 26 '''i"11~~ Recreation • Participation in Recreation programs has increased . - z,-. •Td~f~ffrcitit+~r~ significantly. I~.~ / ~ O Tdr s d ire HrfoM/~ • _ Revenues from swim team ` 90TeM11dlic Hrt~~ and swim lessons continue o ~ . T~.d~ to grow. ~ I ~ ~.rw 1a.... wiw ~es. T.rl aww..r oy ca.~ INbt~w zoa u.nu,.~ urn.se t.~?a a~»« - • ~ . ~I ~OM tbtlilAC D.3)1!D 1.17190 A,N.60 ~ 70e4 14i3t.70 ~W1.lo 1.l~lDG KNITt ~I t s ~ ~ v,sii.a x,e.asa ~►ucw aa~a~n 7~e7 ls.MaN S.t10.OQ Lt7►AO 1LC79.1C ~ . w.an .~a. ~ r~ r.r• 70~ 71.1Y.1/ A,QIA~ 7it1.00 1~~1~ S°p~t~ane Senior Center ~ • Extended hours for the Senior Center to include evening and weekend activities. • Continued to emphasize heafthcare with seminars on Medicare supplements and utilized Wellness Center for activities such as flu shots. • Encouraged retirement communities to become more interactive with the Senior Center. • Negotiated with the HUB for senior pickle ball three times a week. _ , _ ~ : , , ~ - , . -~y;►.! : . ~ . ~ ~ ~ ' ~ ~ r ~ ~ ' ' ' : ~ ~ ~ i-~ - . _ . - 1 ` r ~ - - ~ . . . - - 'y . - L ~ ~ ~~kane Y f 1. : ~ + . ^ f~- ~ PLJ bllC Wt~rkS 40;00 vdley F 2008 BUD~ET GOAL: Continue Monitoring Wastewater Issues Worked on the ~ounty selection commiftee and cample#ed the DOB s.eIection pracess for the new - wastewater treatment facility. Particilpate in stakeholder meetings regard'rng the EPA error in caCculating phasphorus Iirnits far Idaho discharges, _ - - ~ - 28 _Public Works • Re-Evaluated the current condition of all City arterials and 40% of the local streets. • Updated the Pavement Management Program. • Presentation to Council on the Updated Street Master Plan on January 20, 2009. - - ; - _ - - . - - - - ~ . , Public Works Stormwater - General • Regional StoRnwater Manual with City of Spokane and Spokane County met equivalency with DOE and now wnll go through proc:ess for adoption. • Updated 2008 Stormwater Fee rolls on time. • Every public drainage structure within City limits has been visited, analyzed and entered mto our GIS geodatabase. 7he City own 14,000 drainage structures. Inventory is being used for UIC comptiance and maintenance. • Registered all newly constructed drywells to satisfy Underground Injection Control program requirements. • Investigated atizen comptaints. • Continued implementaaon of NPDES Phase II Permit requiremerrts. • Prepared Renewal Contracts for tandscape, vadoring, and drainage improvement oontracts. Projeds were awarded to Spokane ProCare and AAA Sweeping. • Amended and adopted stormwater orYiinanoe No. 08-008, which establishes our stoRn and surface water ublity. ~ 29 cso(cil TTI 000, Public Works Stormwater - General 491~00~~. -continued • Created and joined a regional stoRnwater coalifion with the City of Spokane, Spokane County, and the Spokane Regional Heath District. The coalition discusses and resolves regional stormwater issues. (UIC and NPDES Phase II ) • Finished all Treasurers parcel segregations to update the 2008 stormwater fee charges. • Utilized a DOE Phase II Muniapal Stormwater Grarrt fund to 1 meet the requirements of the NPDES Phase II pemnit. ~ • Implemented education and outreach program Sr ` which included constructing a brochure to • ' prevent stormwater pollution, creating a stoRnwater mascot, temporary tattoos, and ongoing website revision. O c.cs ro Rs.owr ~ • Per the NPDES phase II permit, developed a phone ~ 688-0321 ~ hotline to manage and tradc questions, comments, and citizen concems regardmg stomnwater illicit discharges or illegal dumping. • Thoroughly research and analyzed Home Owners Association private road/parking area parcels and c;oncluded to discontinue the stormwater fee for them. P :=~~e Pubtic Works Stormwater Maintenance & Projects Provided stormwater $144,141 drainage Problem: •,,i: , improvements to Flooded ,.t locations 25 roadway Cleaned 317 drywells $197,043 and 77 catch basins I S Street sweeping $470,056 ' - Pump Stafion $146,907 Solution: maintenance and ~ repair Catchbasin , to pipe sump Landscape services $109,379 BMP: and weed control "Oit water- separator 30 Sp~ane Public Works Stormwater improvement Sewer Project Stormwater Improvements • Rockwell • Summerfield • Sutters • White Birch . F l. • $149,775 ~ K• ~ . , ~ Q`_ _ . . .q . - ~ - - ~ _ ~ L Y m rn ~ ~ . Public Works Street Maintenance ITEM ~ CountylWSDOT ~ Private Pothole patching, crack sealing, pavement replacement $1,780 $987,141 De-icing, sanding, snow removal $1,133,824 $0 ISweeping, brushing, weed control $32,047 $550,863 Stormwater repair & maintenance $5,197 $362,159 Traffic signals, signs & striping ~ $638,740 $50,761 Total for 2008 ~ ;1,811,588 ~ $1,950,924 t 000000* s~°"kane Public Works Street Maintenance Street Montgomery Preservation Avenue Overiay P~O~@CtS Argonne to ~ Dartmouth ~ - - - - , - - ~ t ' Dishman-Mica OveNay Appleway to 16th * Tiol~ane - Public Works ~0r~Iey, Traffic - Signal Coordination Projects: - Aftemoon coordination for ~~---i--'~ Sprague from Pines to Sullivan. - Pines comdor from I-90 to Sprague. - - l- Worked with WSDOT to refine Argonne interchange and move - more traffic. • With Community Development staff, reviewed and approved 181 traffic control plans for ROW permits, construction projects, and oversize loads. • Received over 300 citizen requests/questions on signals, signing, striping, crosswalks, traffic volumes, etc. 32 -VTTV Public Works ,OOVa1W. Traffic • Continued installation of red and green LEDs in traffic signals: - 2007: installed 265 at 26 intersections - 2008: installed 267 at 18 intersections r• 57% of equipment cost reimbursed over 2 years by Avista +l and Vera, for a total of $22,951 in rebates. • Average 39% reduction in energy use at these intersections SPublic Works Traffic • No funding available for new beacon instal{s in 2008 • Received $3,078 supplemental - , grant from the Washington Traffic Safety Commission to 20 ~,ti add rear-facing beacons to - , ` ' `existing installations. ~ ` • Impact of 2008 installs: - Cleariy marics end of school zone - Aids police in enforcement 33 J ..;0OValley, Public Works Capital Projects Planning • Completed 2009-2014 Six Year TIP • Applied for and received approximately $2,000,000 in grant funding - TIB: Indiana Ave Extension (Sullivan to Flora) - $1.6 million - CDBG: Clement STEP - $211,095 - ADA Improvements - $91,900 • Developed list of federal Economic Stimulus Package projects , ~~k~Ile Public Works Capital Projects - Construction Project ~ Contractor Total Cost Barker Road Bridge I Morgen & Oswood $11.8m Pines/Mansfield Inland Asphalt I $5.3m Appleway Avenue Reconstruction Knife River $5.Om 24th Ave Reconstruction Halme $1.Om , - _ ~ _ ^ _ , , i~; - - sss„~,4c=.• _ . ~ ~►,t ~ r- - t- 34 *6k @Ile Public Works jwley. Capital Projects - Construction Project ~ Contractor ~ Total Cost Broadway Ave Rehab #1 Red Diamond $550,000 Sprague/Bowdish Inters. PCC Acme Concxete ~ $1.1m . ~ J.1 ~ ~ - . ►a.-. _ ~ i . y ' Y►' ~r~~ ,I - I ! j%I~Public Works Capital Projects - Construction 2008 Sewer Projects • Rockwell/Summefield ~ Phase I • Rockwell Phase 2 . • Summerfieid Phase 2 • Sutters I • White Birch • Spaldings - ~ j ~ - - ~ r - ~ _ - - .s - 35 ~ r Public Works Capital Projects - Design Project I Designer Cost Broadway Ave - Moore to Flora I Staff $3.4m BroadwaylFancher PCC Staff I $830,000 44th Ave Pathway Staff I $355,000 Pines/Mansfield Roundabout Barker Road Bridge ; - Y~F I . f~ y I i, _!t i ✓ t ~ - ~ At &ne Achieving 2408 Budget Goals sets the stage for achievfng 2009 Budget Goaks 36 ~Valley. 2009 Budget Goa s • Continue monfitoring wastewater issues, including govemanoe of wastewater facilities, and pursuit of the most efficient and econornical methods to ensure the continuation of wastewater discharges licenses. • Inittate altemative analysis for services we derive under contract. • Identify performance measures for the Police Department and monitor progress in their attainment. • Implement and evaluate regulations spedfied in the SpraguelAppleway Revitalization Plan as adopted and amended by the City Council. • Evaluate the availability, costs and effects of private sector vendors performing wirrter road maintenance for the City. • Implement recorcls indexing and phase in a document ima ing system City departrnent by C'rty department with the goal of achieving c~ty-wide implementation in 2010. • Explore future funding sources for City Center that builds upon the City's irntial investment in a City Hall to spur further private investment in the development of a mixed used City Center. ~o`~kane j«lley- Vision Statement A community of opportunity where individuals and fami ies can grow and p ay, and businesses wi f ourish and prosper. 37 , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report Z pending legislation AGENDA ITEM TITLE: Revised Speed Limit Code GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Info memo at Council's January 6, 2009 meeting BACKGROUND: Spokane Valley adopted the speed limits established by Spokane County upon incorporation. This ordinance seeks to address several issues relating to the adopted speed limits. 1. Greenacres Elementary School has asked for a change in their 20 mph speed zone to extend it further south on Long. The school also has a posted 20 mph speed zone on 4tn that was never adopted in the speed code. 2. University Elementary School has asked for a change to their 20 mph speed zone on 16'h to extend it to 300' west of the crosswalk at 16th/University. 3. Several roadways are posted for a speed higher than 25 mph but are not listed under the 30 mph, 35 mph, 40 mph, or 45 mph sections in the adopted county code. According to the code, any roadway not included in that list defaults to a maximum speed limit of 25 mph. Many of these roadways are posted at 35 mph. 4. Some existing speed limits need to be modified so that the extents are described within Spokane Valley city limits. 5. The posted boundaries of several school speed zones do not match the limits in the code. 6. We have received a written request from a resident along Park Road north of Trent to reduce the speed limit from 35 mph to 30 mph. While this change could be supported through engineering studies, it is difficult to recommend changing the speed limit on this road without also evaluating similar roadways throughout the city. OPTIONS: 1) Approve the recommendations from Public Works for speed limit adoptions and changes (see attached). 2) Request additional analysis of speed limits by Public Works. RECOMMENDED ACTION OR MOTION: Consensus to move this item forward on the February 24, 2009 Council Agenda. BUDGET/FINANCIAL IMPACTS: Some speed limit signing could be changed. This will be completed under the county maintenance contract. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: 1. Summary tables of changes. 2. Citizen request letter. 3. Draft ordinance. 4. Draft resolution and speed limit schedule. 7able 'l. Madifications to Arterial Speed Lirni#s Speed Limit Commen#s Fioad Segrnertt S eed Adopted Posted from Study Recommerrded I Appfeway Thierman to Defaults #0 35 mph 38.5 mph 35 mph Niissing from code. Avenue University 25 mph 40.8 mph Indiana SR-27 to Sullivan DefauIts ta 35 mph 40.2 mph 35 mph Missing fram cvde. Avenue , 25 mph 38.9 mph Marie#ta Sullivan to Euclid Defaults to 35 mph 42,6 mph 35 mph Nlissing from code. Avenue i 25 mph Mirabeau SR-27 to Indiana Defaults ta 35 mph 38.6 mph 35 mph Mxssing from code. Parkway i, 25 mph i ' SR_290 to I Citizen req,ueste~l Parl~ F~oad Bridgepork 35 mph 35 mph 35.4 mph 30 or 35 mph review. . SR-290 to 500' ~ h Adop#ed by 11115DDT, - pmissing from city code. SR-27 south of 16x~` 35 mph 35 mph 35 m 500' south of 1 e Adopted by UV5DOT, SR-27 ta south cit}r 45 mph 45 mph - 45 mph missing from city code. limi#s I ` ~1est city limits to 4p m h - ~ 40 mph I Adop#ed by'~IfSQOT, SR-290 '#200' ~rvest of 40 r~r}~h p missing from city code. U n wveesity 'f 2Q0' west af Adop#iad by V1lSa0T, SR-230 Univeesity to east ~50 mph 50 mph - 50 mph missing frorrr city code. ~ city Mimsts . fiab1e 2. Modifications to Schonl Speed Limits Schao1 Raad ' Speed ~ Existing Location Pr4posed Location Comments Umit ~ ~ 4xh 300' west of Lvng to school requesting I 20 mph Long to ~Vl~en N1ven change. Greer~acres Aven~ae I - ~ Elementarl+ Lvng 20 mph 40" Ave ta 2"d Ave 300' sauth of' 4`~'to 2r4 Schoai requesting ~ Road ~ change. University 16 th 20 mph ~ University to 300' east 300' vuest of Univers9#y Schaol requestirng Elementary Avenue of Glenn to 300' east of Gfer+n change. 2f]0' south of Mirabeau ~qdopted kry 1111SDDT, Trer~# SR-27 20 mph Pkwy ta 1C~0' north of No change. rnissing frarn cit~r code. ~lem~ntary Pinecroft Vllav 300' north of Broadway ►4d~opted 1oy U~JSDOT, N~rt~ Pines SR-27 20 mph ta 300" south vf {~o change. I~liddle ~chool rnissing from city code. ~ Broadway P'age 1, of 1 inga Note From: Scott Maclay, He1pUSelI Lfst 4Less Realty [scvtt[c7hefpusellcda.cum] Sent: 7uesday, December 02, 2008 12;29 PM To: Inga Na#e SubJec#: Speed Reductlon on Norkh Park Raad lnga, I am wdting to request a perrnanent speed r+eduction ` between Trent and the Spokane . River to 30 mph an Park Road, . In less than one mile, we have one caunfy parkr one eferrrentary . school and playground9 tnro church schooEs and playgrounds and crosswalks, md ❑ne rnajor - railroad c-rossing with no crossing - - - - - - - - - - - - - arms. Vlfe a~~ a rnajar bus routa, and - have garbage truaks operating an one side or the other of Park Road tvufce tr+reek~y. Finalfy, it is difficult to baok out onto Park road under the current conditFOns and Argonne traffic has becvme a maJor challenge as rnany commuters are raoing through the community auoidfng tfie IEghts at Argonne and Trent. Vtle have had twa major, accEdents at Liberky and Fark in rerrent months _ by speeders with one vehicle ending up in a residence. I sincereiy appreciate your : consideratian in #his matter, . ' Sincerely, . Scatt hllaclay ; 3304 N. Park Spokane 11a1ley i 1TVashington 99212 509.714.7974 ~ ~ i ~ , ~ ~ 21312009 i DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHIlNGTON ORDINANCE NO. 09-*** AN ORDINANCE OF THE C1TY COUNCIL OF 'I'HE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 9.05.030 RELATIlNG TO SPEED LIlViITS THROUGHOUT THE CITY, AND 01'HER MATTERS RELATING THERETO. WHEREAS, the City adopted Ordinance 03-047 prior to incorporation, which established speed limits in the City as those previously adopted by Spokane County; and WHEREAS, the City Council now desires to identify all previously-adopted speed limits applicable on City roads, in a format that is more accessible and easier to use for the public. The new format is referred to as the "Master Speed Limit Schedule," which shall be adopted by separate resolution, and may be amended from time to time under criteria set forth in City Code and Washington law; and WHEREAS, the City Council has authority under RCW 46.61.415 to change speed limits if tfie jurisdiction deternnines on the basis of an engineeri.ng and traffic investigation that it is appropriate, which is an exercise of power of the City to protect the bealth, safety, and welfare of its citizens; and WHEREAS, the Senior Traffic Engineer has conducted an engineering and traffic investigation for all proposed changes to existing speed limits in accordance with WAC 308-330-270, and has determined that these changes are reasonable and safe. NOW THEREFORE the City Council of the City of Spokane Valley, Spokane County, Wnsh ington, ordains as follows: SecNoa 1. Purpose. The purpose of this Ordinance is to amend SVMC Section 9.05.030 for the purpose of establishing all speed limits in the City in one central Master Speed Limit Schedule. Section 2. Snokane Vallev Municioal Code seciion 9.05.030 is hereby amended as follows: 9.05.03 .5lwecl l.imit-s. , and as eth established- by SpOkftfle C00fity Wdinanee ar- FeselutieR fOF whieh speed limit signs ho-ve beeit dul posied b), Spekane Gouitty, ofe her-eby adopted as the speed lifaits efi these said stFeets in the City o Spokane Valley. T-he Cit), of Spokane Valley may amend OF adopt sueb sabool speed zeftes as neoess and map), designate seheel speed zones witli any of the signage OptiORS PUFSUaflt 10 WAC, 392 151 035 9-s adopted OF amended. T-he oettiteol shall emoblish any ehanges to speed lifflitS OF sebeel speed ZeFies by Feselatie.R- A. Subiect tu KCW 46.61.400(1) and (3). the maximum speecl limii for all Citv streets is cstablished as 25 miles ner hour exceat where a lower or greater maximum lawful soeed is established bv Saokane Vallev ordinance or resolution pursuant to WAC 308-330-270 and RCW 46.61.415 and for which sneed limit sip-ns have been duly posted bv the Citv. Alterations from those Qeneral sQeed limits, includinQ for school zones and Qarks, are set forth in the Master Soeed Limit Schedule, which may be adopted and amended from time to time bv seRarate resolution. Anv such alteration shall be made on ihe basis of nn eneineerinQ and traffic investieation. be reasonable and safe. and in the health. safetv and welfare of'tlic citi/ews of tliis C'itv, •l.he ('it` of Sno~-anc Vallcv ma\ aniend or adopt stirh schkic~) speed Ordinance 09- Amending Speed Lrmit Provisians Page 1 of 2 i DRAFT 7on4s ,is neceasar% atlci niaN desiLnzitr school sp.cd lOilts «ith af1`' C1f tlle S1gDa,ge Opt1UIlS QUrSL18flt t0 \VAC 392-151-035 as adopted or amended. B. 'Me Citv Senior Traffic Engineer ar desienated representntive is authorized to tempararilv reduce t}ie maximum allowable sQeed an anv citv road, as the Senior Traffic Engineer deems necessarv durin¢ road construction andlor emereencv conditions. The speed limit reductions shall become effective upon the placement of standard siens indicatine the ma.ximum allowable sQced, and shall cease at such time as the siens arc removed bv the Senior Traffic Engineer or that person's representative. All siszns placed in accordance with this section shall c4nforn) co thc N1~nkr~fl on 1!niforTii 'I'raffic C'ontrol f)evice, fk)r ~;trccts and 1-J'A"\x\ - for t':1e o(, Seetion 3. Severabilitv. If any section, sentc:nce, clause or phrase of this Urdinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. I Section 4. Eftective Date. "I'his Urdinnnce shaU become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Adopted this clay of Alarch, 2009. ATTEST: CITY OF SPOKANE VALLEY City Clcrk, Christine Bainbridge Richard Munson, Mayor Approved as to Form: Oftice of the City Attorney ~ Ordinance 09- Amending Speed Limit l'rovisions Page 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 09-0** A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A MASTER SPEED LIlVIIT SCHEDULE PITRSUANT TO SPOKANE VALLEY MUNICIPAL CODE SECTION 9.05.030(1), AND OTHER MATTERS RELATING THERETO WHEREAS, the City Councii recently amended Spokane Valley Municipal Code 9.05.030 to require that all speed limits in the City be set forth in a Master Speed Limit Schedule; and WHEREAS, the City now uses a resolution to establish or modify all speed lunits in the City; and WHEREAS, the City Senior Traffic Engineer has conducted an engineering and traffic investigation for a11 proposed changes to existing speed limits in accordance with WAC 308-330-270, and has determined that these changes are rcasonable and safe. - NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane . County, Washington, as follows: Section 1. Adontion of the Master Sneed Limit Schedule. The Master Speed Limit Schedule is set forth below. Section 2. Repeal. To the extent that any previous established speed limits are inconsistent with those set forth herein, they are repealed. Section 3. Effective Date. This Resolution shall be in full force and effect on March 2009. Approved this day of , 2009. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Richard Munson, Mayor Approved as to form: Off ce of the City Attorney Master Speed Limit Schedule Resolution 09-0" Page 1 of 7 MASTER SPEED LUMT SCHEDULE Saeed Limit Schedule Page No. Schedule A: School Speed Zones 2 Schedule B: Playground Speed Zones 4 Schedule C: Speed Limits 5 Master Speed Limit Schedule Resolution 09-0''" Page 2 of 7 MASTER SPEED LIMIT SCHEDULE Schedule A- School Speed Zones SCHOOL SPEED ZONES The following road sections have been designated as school zones. T'he maximum speed allowable on the said road sections shall be twenty miles per hour as designated with any of the signage options pursuant to Washington Administrative Code section 392-151-035 as adopted or amended. The Council shall establish any changes to speed limits or school speed zones by resolution. TWENTY MII.ES PER HUUR: 4th AVENiTE from six hundred (600) feet west of Adams Road to three hundred (300) feet east of Adams Road; from three hundred (300) feet west of Bradley Street to three hundred (300) feet east of Coleman Street; and from three hundred (300) feet west of Long Road to Moen Street. .~Comment [ini]: F-Vmaea scboal 8'h AVENUE from three hundred (300) feet west of Custer Road to five hundred (500) feet east ~'-dRC - Grecnacres Elemmtaxy school , request of Guster Road and from three hundred (300) feet west of Adams Road to eight hundred (800) feet east of Adams Road. 9tb AVENUE from Herald Road to Felts Road. 10`h AVENUE from Wilbur Road to Union Road. 12"' AVENUE from Wilbur Road to Union Road. _ 16te AVENUE from three hundred (300) feet west of University Road to three hundred (300) c~ , mmer,t [inz]: Expanded school feet east of Glenn Road; from Woodlawn Road to Clinton Road; and from three hundred (300) ~ eSU°"'~'ty~~'~~' s~b~i feet east of Bolivar Road to two hundred (200) feet west of Warren Road. 24th AVENUE from Union Road to Pines Road and from three hundred (300) feet west of Adams Road to two hundred (200) feet east of Adams Road. 32nd AVENUE from three hundred (300) feet west of Pines Road to Woodlawn Road. ADAMS ROAD from 9th Avenue to three hundred fifty (350) feet north of 4th Avenue and from eight hundred fifly (850) feet north of 24'h Avenue to 24th Avenue. ALHI AVENUE from Glenn Road to Pierce Road. ARGONNE ROAD from three hundred fifty (350) feet north of Valleyway Avenue to one hundred (100) feet south of Valleyway Avenue. BARKER ROAD from seven hundred fifty (750) feet south of Mission Avenue to three hundred (300) feet north of Mission Avenue. BOWDISH ROAD fi-om 20th Avenue to 24th Avenue. BRADLEY ROA.D from 5th Avenue to 3rd Avenue. BROADWAY AVENUE from four hundred (400) feet west of Farr Road to four hundred (400) feet east of Farr Road; from one hundred (100) feet west of VanMarter Road to Johnson Road; from three hundred (300) feet west of Progress Road to St. Charles Road; from four hundred (400) feet east of McDonald Road to Blake Road; from three hundred (300) feet west of Felts Road to three hundred (300) feet east of Felts Road; and from three hundred (300) feet west of Ella Road to three hundred (300) feet east of Ella Road. BUCKEYE AVENUE from two hundred (200) feet east of Park Road to three hundred fifly (350) feet east of Center Road. Master Speed Limit Schedule Resolutioa 09-0*' Page 3 of 7 CENTER ROAD from Marietta Avenue to Utah Avenue. CIlVIMARON DRIVE from Sunderland Drive to three hundred (300) feet east of Woodruff Road. COLEMAN ROAD from 5th Avenue to 3rd Avenue. FARR ROAD from three hundred (300) feet south of Valleyway Avenue to three hundred fifty (350) feet north of Valleyway Avenue. CLENN ROAD from 18th Avenue to 16th Avenue. HERALD ROAD from 11`h Avenue to 9~' Avenue. HUTCHINSON ROAD from four hundred (400) feet south of Valleyway Avenue to Valleyway Avenue. - LONG ROAD from three hundred (300) feet south of 4h Avenue to 2nd Avenue. . ! Camment [in3]: Fxpandcd school MARGEURITE ROAD from four hundred (400) feet south of Valleyway Avenue to two T~e G~acres ~lementary School hundred (200) feet south of Alki Avenue. - MCDONAI.D ROA.D from Broadway Avenue to Cataldo Avenue; from three hundred fifly (350) feet south of 16th Avenue to 14t' Avenue; and from 7t' Avenue to 5th Avenue. MTSSION AVENiJE from five hundred (500) feet west of Bowman Road to Park Road; from SR-27 to seven hundred fifly (750) feet east of SR-27; and from Barker Road to five hundred (500) feet east of Barker Road. MULLAN AVENUE from three hundred fifly (350) feet south of Valleyway Avenue to one hundred_(100) feet south of Valleyway Av_enue._ _ PARK ROAA from three hundred (300) feet south of Mission Avenue to Nora Avenue and from one hundred (100) feet south of Garlisle Avenue to four hundred (400) feet north of Buckeye Avenue. PROGRESS ROAD from six hundred fifly (650) feet south of Broadway Avenue to Broadway Avenue and from Wellesley Avenue to Crown Avenue. SALTESE ROAD from three hundred (300) feet west of McDonald Road to three hundred (300) feet east of McDonald Road. SCHAFER ROAD from three hundred (300) feet south of Cimmaron Drive to three hundred (300) feet north of Cimmaron Drive. SR-27 from two hundred (200) feet south o£ Mirabeau Parkway to one hundred (100) feet north of Pinecroft Way and from three hundred (300) feet north of Broadway Avenue to three hundred (300) feet south of Broadway Avenue. iJNION ROAD from 12th Avenue to 10th Avenue. UNIVERSITY ROAD from 19`h Avenue to 160' Avenue. VALLEYWAY AVENUE from three hundred (300) feet west of Marguerite Road to one hundred fifly (150) feet east of Hutchinson Street. VISTA ROAD from Frederick Avenue to two hundred (200) feet south of Buckeye Avenue. WELLESLEY AVENUE from seven hundred (700) feet west of Adams Road to two hundred (200) feet east of Burns Road. WILBUR ROAD from 12t' Avenue to 10~' Avenue. WOODRYJFF ROAD from three hundred (300) feet south of Cimmaron Drive to three hundred (300) feet north of Cimmaron Drive. Master Sgeed L'unit Schedule Resolution 09-0** Page 4 of 7 MASTER SPEED LIlVIIT SCHEDULE Schedule B- Playground Speed Zones PLAYGROUND SPEED ZONES T'he following road sections have been designated as playground zones. The maximum speed allowable on the said road sections shall be twenty miles per hour when signs are in place. TWENTY MILES PER HOUR: NIISSION AVENUE from two hundred fifly (250) feet west of Bowdish Road to one thousand five hundred (1,500) feet west of Bowdish Road. Master Speed Lirait Schedule Resolution 09-0** Page 5 of 7 MASTER SPEED LIMiT SCHEDULE Schedule C -Speed Limits The following road sections have maximum speed limits higher than 25 miles per hour.. THIRTY MILES PER HOUR: 3r' AVENUE from west city limits to Fancher Road. MISSION AVENUE from Pines Road to Sullivan Road. MONTGOMERY DRIVE from Argonne Road to Dartmouth Lane. _ PARK ROAD from SR-290 to Bridgeport Avenue. . Comment [in4]: ciazen request . Musc tc Wovea by counCu. THIItTY-FIVE M11LES PER HOUR: ]S` AVENUE from Eastern Road to Thierman Road. 4"' AVENUE from west city limits to Eastern Road. 8`h AVENUE from west city limits to Park Road; from Dishman-Mica Road to University Road; from Pines Road to Sullivan Road; and from Barker Road to Hodges Road. 16`b AVENUE from Dishman-Mica Road to Sullivan Road. 32°d AVENUE from Dishman-Mica Road to Best Road. 44th AVENUE from Locust Road to Sands Road. APPLEWAY AVENUE from Sprague Avenue to east city limits. APPLEWAY BOULEVARD from Thierman Road to University Road. ARGONNE 1tOAD from Dishman-Mica Road to SR-290. 13ARKER ROAD from south city limits to four hundred twenty (420) feet north of Bridgeport Avenue. BLAKE ROAD from SR-27 to Saltese Road. BOWDISH ROAD from Sands Road to Mission Avenue. BROADWAY AVENUE from Havana Street to Flora Road. CARNAHAN ROAD from south city limits to 8th Avenue. DISHMAN ROAD from 8`h Avenue to Appleway Avenue. DISHMAN-MrCA ROAD from three hundred (300) feet south of 8h Avenue to Sprague Avenue. EUCLID AVENUE from Sullivan Road to Flora Road; from Flora Road to Barker Road; and from Barker Road to east city limits. EVERGREEN ROAD from 32°d Avenue to Indiana Avenue and from SR-290 to Forker Road. FANCHER ROAU from the Freeway (PSH No. 2) access on 3`d Avenue to SR-290. FLORA ROAD from Sprague Avenue to Montgomery Avenue and from the north side of the Spokane River to Wellesley Avenue. INDIANA AVENUE from SR-27 to Sullivan Road. MA.DISON ROAD from Thorpe Road to Pines Road. MARIETTA AVENLTE from Sullivan Road to Euclid Avenue. Master Speed Limit Schedule Resolution 09-0** Page 6 of 7 McDONALD ROAD from 16th Avenue to Mission Avenue. MIRABEAU PARKWAY from SR-27 to one thousand (1,000) feet east of Pinecroft Way and from Indiana Avenue to one thousand three hundred (1,300) feet north of Mansfield Avenue. MISSION AVENUE from Argonne Road to SR-27 and from Flora Road to east city limits. MONTGOMERY DR1VE from Darlmouth Lane to SR-27. MULLAN ROAD from Appleway Avenue to Indiana Avenue. _ PARK ROAD from Beverly Drive to Bridgeport Avenue. . Commerrt [in5]: May change if PINES ROAD from Madison Road to 16th Avenue. cidzen request is approved PROGRESS ROAD from Wellesley Avenue to Crown Avenue. RUTTER AVENiTE from west city limits to Park Road. SALTESE ROAD from 16th Avenue to Blake Road. SANDS ROAD from 44`b Avenue to Bowdish Road. SCHAFER ROAD from 44`h Avenue to Dishman-Mica Road. SPRAGUE AVENUE from west city limits to east city limits. SR-27 from SR-290 to five hundred (500) feet south of 160 Avenue. SULLIVAN ROAD from Saltese Road to Wellesley Avenue. THORPE ROAD from Dishman-Mica Road to Madison Road. UNIVERSITY ROAD from Dishman-Mica Road to Mission Avenue. WELLESLEY AVENUE from McDonald Road to Flora Road. FORTY MII..ES PER HOUR: BARKER ROA.D from Euclid Avenue to SR-290. SR-290 from west city limits to twelve hundred (1,200) feet west of University Road. FORTY-F1VE MILES PER HOUR: DISHMAN-MICA ROAD from south city limits to three hundred (300) feet south of 8t' Avenue. SR-27 from five hundred (500) feet south of 16`h Avenue to south city limits. FIFTY MIILES PER HOUR: SR-290 from twelve hundred (1,200) feet west of University Road to east city limits. Master Speed Limit Schedule Resolution 49-0** Page 7 of 7 CITY OF SP4KANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Z admin. report ❑ pending legislation AGENDA ITEM TITLE : Update on Policing Strategies GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Chief VanLeuven will be updating Council on several issues involving the Spokane Valley Police Department, as follows: o Presentation of Overview of False Alarm Ordinances o Overview of SECTOR Program o Recent Events / Pharmacy Robberies . SWAT Calls OPTIONS: RECOMMENDED ACTION OR MOTION: None at this time BUDGETlFINANCIAL IMPACTS: STAFF CONTACT: Rick VanLeuven, Chief of Police ATTACHMENTS PowerPoint presentation i --_s S' - - _ -;.;0k~.~~IN`AI11'~'. t,. ~,~.cA;~ k ~ • ~~~1 ` ~ , , . • t~ ,LY The o iem • The Spokane Vatley Policc respon w 954 false alarms in 2008 (630 werr I•RLE!) , • Officer Safcty Lssue/Major Cost ltem • Outdatcd Emcrgcncy Contact Information , • Reduced tim,e for F'roactive Law Enforcemen • We ace subsidizing the Alarm Campany's (rh.a , 4 businm) • Minimal Cost rccovery - Courts gct ZERO $S! • We allow FREE Alarms! ' AN . • 3Differcnt AlZt m Ordinances een the 3 major jurisdions (County, Valley City, and Spokane City) • NO Consistent Enforcement, Collection of , "Cost Recovery" Funds, or Distribution of those Funds. , 1 •'-~1~ Current kdown ' • 2008 -$44,950 billed for Valle Ise Alarms - Should have becn well ovcr S 100,000! • Each Fine/Ticket: - - $35 to State J1S Fund - Remainder split 4 ways~ . Lacsl/ Crimt Victim UniV Traffic Safcty (Statey Educatioe (State) - ~ Valley f Ordinance , Breakdown (eas n 6 months) 0 i" Alarm Free • 2nd Alatm $30 plus court fees 6 ,.Z , • 31a Alarm $70 plus court fees 69. • 4'" Alarm $120 plus court fees = 5-7 1 ~ ~ , ti i I \ After Fees Are Subtracted • 1 I Alarm Free • 2"d Alarm $28.81 • 3,d Alarm $74.24 • 46' Alarm $130.74 «'e are NOT recovering our costs. _ k~.. We ARE subsidizing che alarm companies. ~ mC)1'~ -acts ~ Sc'haols in Spokane Cvun ailey city are not charged for false S. . They are resp+ansi61e for 162! , - (61 County110 1 Yaiiey C'ity) x ; ~ WHAfi IS TRE-,SOLUTION? o A logical firsc step would be to ate our alarm ordirtance. w - Aclose replication csf the Spnokgne City nrdinance ivould Fcduce or elimingte corifuS~ipn wiLhin vur Spokartc Va1teyfSp~kane +~~~~Lv Cc+tnmunsty. g. ~ 41... II NV D Er ! Mail~~toi'y Reg15tT3tlOi1 - Ensures updatcd cankacE iuF~rm~ri~n A ` - ssi-sts with emy canrellal.ivn b~f~r~ la enforc~etucnt is disp~,tched - ~'r~amot~ C}rdin~nce Co~rnp~ia~ce - Assists titi~ith C~rsl Re~covtr}+ ($25 ~n~al f~c:~~ ' ~ - - ' ~ .11 ~ a y . ~ '-STEP 2. • ~`k.~ - 5• "OUTSO~1~'RCING~ M1 . No I]ireci Casr ra I1s.. • No upfront systern development, ficcris - eonr+ersion or equiprnent co5ts. • Company sen& fme dircetly to t~larin acco payment receiaed in tocal banL • Courts are removed from the equatian. - Ccurt timc, cleriW time, mx payer dvliars.. - 1,.C,~~[tccords r.i~c ~vings-~la a~ad~a~tt rcquircd, ~ ~ OUTSOURCIN.G CONT. ~ * Autoniaced Violatfon Invo"rces otices to Afarm Users. - Clerical st_aCf'time savings. * Proven, ei'FFectiue eollection technique - • Internee-Based Payment of [nvvices • E~,-t,ensive Adjudication & Hearing SupE,oSrt. - •Appeal.s hearci by Lvca1 Larrv FnfOrcenient Representative. ~ ~ AND M 0 E . . . - • Seamless Ititegratian of Cc~rir~pu t~rfaces. + Productioa caf 11rlanagement Reporits. • Secure, Online Access to Tailorable R~~ports. • Intemet-based Registration & Updat6,LL~: . • Cnhanced ANarm Data Securityj. ~ • ANCI. ..8E"[TER Control Sz Ccansistency . Re-artlinp REVENUE! ~ ~ a c - alrf~ ~i/~ ~s - - - ! ~ a - - < ■ • xi ~ ~ - _ - : ' se r • - c- a . i. . 7rQ f ~w iN IIA L~ n. Mwf ~t ltiif b h!M ~M~ Y~rp Yra I vri" ~I'i psi Ww/WWO b Wim d ira. Ht: _ , . ~ I - • 'tit 77A ~ 1 I ' I f' y i'r:~C 1' OOU ~~cr1~Ml1M~ W If~dMtw : 4~ ;,y % ~ ~Y ~30 • ~ :p I ' ■ a ---i ~ - - - ----g--t 3 0 - hs :-::n 1a r...~. It~t-.• a+ ~ 1 . ~ _ - , • ~ • F ~ .1~« . - - ~ ~t.;,..~•'R' u`~ w. a~0 4 . . :Ly ~ ► ~cwR~ ~`~y,OSF~"E'' 7tM "s ~ W9' I, ~ I • • ~ , ~ tLl _ r Z"I'l ; ~ • kr%~, ''t 'r~ . (~y,.r~ s •y1 1 . i ~ ' , . . N~•'~ . C •`O~~ L 200712008 Comparison: Number of Alarms for Valley of Spokane 7oo No Penalty Fee 630 616 600 - - - - 500 - N ~ 400 = a 02007 0 ~ ■ 20Q8 m ~ E 300 - - - - - ~ i Z 213 200 - _ 188 100 - - - - - - 70 81 40 0 55 0 1 st alarm 2nd alarm 3rd alarm 4thlabove alarm Annual Report: January - December Annual Repart: 2007l2008 Penalties Impased 5pokane Valley Alarrns Valley 2007 Penalties Imposed for 2007 hn the Valley of Spoicane ` 41201 i 1 Va11ey 2008 1 10 140 1000 10000 100000 Janu$ry - December Annual Report: Number r-'alse Alarms for 2008 COUNTY VALLEY - ~ ~ 5chaols 2008 1st 2nd 3rd 4th 5th+ Totals 2008 1st 2ntl 3rd 4th+ Totals January 39 7 3 1 0 50 12January 46 20 9 6 81 February 43 7 1 0 0 51 1 00 r+ February 53 7 3 9 72 March 37 9 1 1 0 48 March 53 10 8 7 78 April 55 12 1 0 0 68 19 April 41 21 9 7 78 May 42 11 2 1 0 56 15 May 49 19 6 2 76 June 67 7 2 0 0 76 1q, June 51 14 11 3 79 July 71 13 6 1 0 91 18 July 67 19 6 4 96 August 76 6 5 2 1 92 23 August 71 14 5 5 95 September 56 17 3 0 0 76 10 September 37 19 7 5 68 October 42 12 4 2 5 65 October 52 16 5 3 76 November 35 7 3 2 2 49 November 54 12 5 3 74 December 54 9 1 1 1 66 December 56 17 7 1 81 Grand Totals 617 119 32 11 ' 9 788 Grand Totals 630 188 81 55 954 Free Free Free Free County responded to 61 school alarms Valley responded to 101 school alarms January - December 2008 Penalties ImposedlNet Revenue Estimations i , i a ~ 'County , Net Revenue Estimations are o ly approxir~ated calculations as to hat our agencies should~ have recei~ed from the; tickets that':have been aid. 022,98 Remember these are only estim ~a~tions they are NOT defnite fgures from t ' e courts. I I Spokane Valley 148 16 81 Net Revenue Estimations ~ I I li I I I I i County 5247 i I . I , , I Spokane Valley Penaities Imposed ~950 0 5000 10000 15000 20000 25000 30000 35000 40000 45000 50000 Annual Report: January-December 2008 . . 1l.. .T., ~r •N _ . er _ ! , ~ •L ~ .:1. ` 'tf ~ 1 I 1 ~ . . Y ' ~ ~•i ~ ~CrywolfO Provides Complete False - Alarm Management Solutions Tailored for Individual Communities Two Alternative Approaches: _ 't- _ `~i~~•.fi,,l~~w_ tl►r - et ~ 'r_ «w ''rs.~_a- _ ► Systems for Departments to Operate ► Enforcement Programs as an Outsource Service e ~ ~ In most areas of the country, law enfQrcement resources are Oyst unfortunateIy scarce. When cambined with the growing demand for services by individual communities, `r ~gr--.. govenunents confinually ask Agencies to do more with less. `~;-~~.a~;; - s` ,•J~' . , , , • ~c - - _ ~ , • In this context non-critical calls for service, such as false alarms, decrease the amount of time that officers can spend FALSE ALARM PROBLEM: I responding tn true emergencies and reduce the number of staff that can work proactively to prevent crime. This ► Alarms comprise 10% -1596 of emergency ~ environment also places officer and public aafety at calls for service increased risk. ► 9596 - 99+% of aU alarms are false For more than seven years, we have heiped local ► False alarms divert scarce public safety resources from true emergencies & ~~~astr~ gavernments enforre False Alarm Ordir~anc~es by providing milliorts of law erifortement dollars false alarm management solutions. In every case, our technology and services have helped these jurisdictions 01- False Alarins increase officcr and jiuhlic saft,tv ri:ks reduce faLSe alarms, inaease collections and improve " efficiency. Today, we are the leading provider of false alarm manageavent systems eo over 100 cities and counties in 28 CRYINOLF SOLUTION RESULTS : states and Canada. We also provide complebe outsource ► 3096 - 6096 reduction in false alariiis alarm registration, tracking and billing services' on a"self- nded", revenue sharing basis to many Agencies. ►Alarm fees and fnes quicklp pay Program fu startup costs ► Enforcement requires few administrative staff ~ 2007 Pubi(c Safety Corporation CryWoif* Technology is Patented . - ,Alarm fee and fine collections increase Advanced Atarm Management Crywo{f'8 Components for a Successful False Features: Alarm Enforcement Program ~ Online access to tailorable reports ' Alarm Tracking / Registration / Permitting - - direct data inquiry and report G'yH+olfO solutions track alazm systems, maintain generation via the web. The approach ke,yholder information, and identify non-registered offers flexibility, security and Iocations. Outstanding charges are automatically + tracked for all accounts re dless of tration. ~ tuneliness that no o~er reporting ~ ~ process provides. 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Our technology fully Enhanced Alarm Uata Security - supports muldple fee schedules by location; alarm • Alarm Management requires the type% and status. collection, maintenance and • Proven Collection Tools - With over 1 million commUnication of sensitive and highly false alarms processed annually by our technology, ~ canfidential data. In providing Alarm We are the proven industry Ieader in alarms Management services, we have the pxocessing and collecdons. Our solutions include a technical infrastructure required to variety of tools to help collect fines. ensure the highest levels of data security. • Production of Management Reports - Our I system produces numerous management and • Hearing and Appeal Support - tracking reports, many that can be accessed online. fuIly integrated hearing and appeal Standard and custom reports aze provided. system that allows for the adjudication of any action for any account. ~ Unparalleled Technology Update Program. - CryWolfS solutions include a robust enhancement program driven by the needs of more than 100 cides and rounties 2007 Public Safety Corporation • ~ • ~ ~ ~ M: . ~ . • • FALSE .ALARM REPORT Report 4 This affidavit is incorporated by reference into the I`otice of Infraetion Number On at hours, Dcputies , . and respc,nded to: Business.'ResidencelSchoo l. NaITl l : Address: on an alarm. (Circle type of alami) Burglary Robbery Panic Other: Upon arrival, the deputy(s) found the alarm was: Silent Audible Othcr. While at the alarm, the following actions were performed or found: BUI1.D1tiG A I1.1l211 All exterior doors were physically checked: All were sccure: ! 1 Location of open door (if found Location of shaken door (if sei offthe alarm): .~I( er.t;ri,~,r x;ndo~ti; wcrc ph}:icalk c},c':l:ed: :111 «cre sectirc- L.~~c;itinn if- fk,unL! Y'A1tU ALARAI The exterior of the fencedlyard area was checked: C The interior of the fenced/yard area was checked: 11 {f'as ary pJrysical evidence of an atlempted or actual crime found ai'in ilie huildirlg ur Yurd:' No ❑ YES D OTHER ALARlN CAUSES (Explain on reverse any of belaw causes.) The alarm was caused by human error: ❑ Name of person causing error: Unknown cause -1 Alarni malfunction I_ Outside noises caused the alarm ❑ Powcr nutage in area ~ Phone outage in area ❑ Othcc: Animal was seen in alarmed area ❑ Type of anirnal seen: The owner or responsible parly was requested ❑ Did person respond? ho Yes ~ Name of the person who responded: Name(s) of any other person(s) contacted at the scene: I EXPLAIN an}• additional actions taken or observations made (especialiy older or previously noticed "oddities"): i The Nveather at the time of the alarm (circle): Clear Raining High Winds Thunderstorm Snowin4 l CERTIFY OR DFCL.ARF UNUER PENALTI' OF f'ERJURI' [.JNDER Tf-1L= LAWS UF THE S'FATE OF W'ASfI[\`GTON Tf-i:'1T THE FOREGOING 1S TRI►F. ANI) CURREC"f: DCPUTY DA"f E DEPUT-~' r UATf: Place: Spokanc Cauntv, Washinrnon TU BE FILLED OUT BY T1IC ADMINISTItAT1VE STAFF found that according to the Sheriff s Office alarm records, this %%-as the false alarm in a six-month period. Other false alarms responded to in this six-month period were: 1 I at hours. at hours, I 1 at hours at hours. at hOurs. % i at hours 1 / at hours. ai hours, i - at houri l CERTIFY OR DECLARE UNDER PENALTI' OF PEEtJUftl' UNUER 'fl-iE LAWS UF TE STA"I"f: 0F WASHINGTON THAT THE FOREGOII`G IS TRUE AND CORRECT: " DA TF Place: Spokane County, Washington Reviscd 6/11 /OS I ~ Spokane Police Department ""anNo. 14288 • ~ Office of the Alarm Administrator P.O. Box 2300 Spokane, WA 99210-2300 509-625-3501 A NON-REFUNDABLE R8GISTRATIUN FEE MUSf Bfi SUBMITIED VYITEi EACH REGISTRATION PORM. MAKE CHECK OR MONEY ORDER PAYABI.E TO THE `FAISE ALARM REDUGTlON PROCiRAM". REG1S'IRA71ON FEE FOR RESIDENT7AL I5 S25 AND FOR ALL NON-RES[DEM7AL S35 A. RWdmthl ALrm Usa ldtrmadon: (RGSideatiel alarm usas, please completa Saxions A and C through G.) . Alarm User Name: FbWr,~ Y..e ri,= Alarm Locatlon: snld hURAa saea rrdmc saea N.o. sfta snft 5nadnp No. CVY sux Zq tboe liWt:oba Fiome PLooe 'oYont Oh*r t7A PYoma ar OWa ieei Aa~ - Type oi Alarm (check aIl t4at apPly): Burgiar Panic / / Modical RobbaylHnldup H. Comnicre3a1 Alarm User Warmitlon: (C.ommercial alarm users, plcm complatc Sections B throvgh G.) . QWNER/OPERATOR , ~t.me w E.~orpo~n, ~olo Prv~taor or rseom - - - - Trd~eNaejs) lbW by B=ios Alum LocaHon: I 100 W MALLON AV ~ WWNmda yaeet trei6c street N~ 5acet saft suidAp No. sPOxArnE wA moi CN,, sbft zv coft aS.. rumea - Owner or Preatdwt of Bnsiness: rlorr,.oe I^c Nme Hom. Pmo. wadc ~ame ilss i+dom a r.~a ]~if Adaas T..OW MS11Sgtf: ' F" AItos lat NUme Home Yhooe Wotk twct Cd thooo or L'aR Emnlllddteat C. Miillng Addras: QteAnW ko lAce;m orAim sync* . OWNER/OPERA'POR / 1100 W MALIAN AV SPOKANE, WA 99201 D. Caatuci Infurniatfon: (Ltst two peoplq other thsn thc owncc, wha can rcspond to an alarm activativn.) lat Contsct Nsne: roc wme ~ }ioms pDOOe vilalk P6ome cat lbooe a leer Hmri Aaeeaa 2l1d COtltBCt NIIIIIC: F"int rLoe la1 H~1 Nome POraet 'Vllac~c ~6aoe CcII T6ooe ar fta F,rII Addnm E. Alal'[D Sl.rViCdlDSttII COalpany: Ucwse No. Coahct Penoa Phone F. Alzrm MoattortnE Compsny: Llcense No. Contact Persoa Pdane G. SpCC3AI COOdhioss: (j,iSt h8zardDU9 COAditiOtl9/maid'lals, a..a.d do8sr ncunfiY Personnd, weapOIIS, di[ectionS bD alaim SttC, dC.) ! hnve read the tomplcoed apglic,ation and Imvw the same is we aM ooROCt and htteby " ft if a paadt iS iaaued, t an'll camply with s11 tbe provisiona of the City of Spokane Code and with apglicable State Lsws. I aceapt mgMsibDq foc Paynxnt of all fma and faa that usay result from the opemtion of the alasm system mvmg the abm Premim H7+ re&ain8 an alann rysteao, the alama user acl~awledges that po6ee response may be basod on fa,ctacs such as availahiIlty af policx tmiffi, PnoritY of calla, wathar coaditiQas, ha@'ie cooditians, emegeacY dtnatbom and staffing tevels. . pFpALT13FJJi I,ISB ONLY ' . , ~ DatC mm EFTII .~1$i18tV[C . / AwR1 ~ DATE Spokane Municipal Code Page 1 of 15 Spokane counry code Friday, January 30, 2009 - 11:26 ANI Print , Close Windvw Font Size: Increase I Decrease Tit1e 6 Regulaaan of Actfvitles Chapter 6.22 False Alarms Settfon 6.22.010 Purpose A. The Cotmty regulates security atarm businesses to assure thai resgonses to false alarms do not diminish the availability of palloe servkes to the general ptbNc and bo assure Lhai citfzens who cannot afford or do nat choose to operate securfty alarm sysOems are not penaHZed for thefr conditi~on or choke. Tr►e intent of this chapber !s tn encaurage alarnt businesses and alarm users to maintain the operationai vfabllity of security jrm systems and to slgnifitantiy reduoe or eliminate false alarm dispatch requesLs made bo tfie SherifPs Office. i ne purpose of the chapder Es bo provkie for and promobe dhe heafth, safiety and weifare af the generat puatic, not to protect indwiduals or aeate or otfmrwlse establish or designate any partkular dass or group of persons who wdt or should be espedaly benetlted by the berms ot thls chapter. The cfiapber does not Impose ar create dudes on the part of the County c,- any of its departrnents, and tlse obligatbn of complying with the requlrements of thEs chapter, and any liabiltty tor fafNrxa c so is pl- : -f . . . r . . . . _ . sYstem, Date Passed: ORD COOQO Section 1 (Recadification) 5ection 6.22.020 Definitions A. "111arm administrabDr" means the persan deslgnated by the Sherlff to adminisbef the County's security alarm program, to Issue citations and levy tees pursuant to tfifs chapber. 13. "Alarm appeais officer" means the person(s) designated by the Sheriff to hear and dedde appeals related to service fees and registratlon suspenslons pursuant to this chapter. C. "Alarm business" means any bus!ness, by an lndivldual, partnership, corporation or ather entity engaged In the selling, leasing, malntafning, servicing, repalring, anering, repladng, moving, installing pr respptfding fip security alarms. 1. Alarm businesses also include any person, busir►ess or oryanizatbn that monltors security atarm systems and Inltiates alarm dispatch requests, including units or divi.slons ot {arger businesses or organizatbns that provide propriebry security alarm monttoring services only to affiliates ot the parent business or organizatlon. 2. Alarm businesses do not indude persons doing Installatlon or repalr work solely on premises they own, lease or rent where such work Es pertomied vvittwut mmpensatlon of any klnd (i.e., "dalt-yoursetfersl. D. "Alarm dispattfi request" mearts the Inlttating of a tommunkatlon to tfie SheriR, via sheriff's dispatth, by an alaRn bus(ness indkat)ng tfiat a securlty afarm system has been actlvated at a particviar alarm site and requesting SherifFs depa►tment response to ttiat alarm site. E. "Alarm InstallaYan company" means a person In the business of selling, providing, maintaining, servicing, repairing, aitering, repiac}ng, moving or lnstalling an alarm sysiem In an alarm slte. F. "Atarm site" (also "security alarm site") means a strudure or portlon thereof served by a single seturfty alarm system (a ~1 Ul~~ alarm .711C). 1. In a multi-tenant building or compiex, each portion of the structure or complex having its awn security alarm system Es considered a separate alarm site. G. "/1larm sysiem" (also "security alarm system"} means a devfce ar series of interconnected devices, including, but not limited to, sysiems lnterconnecied with hard wlrincj or radb frequerxy signals, whkh are deslgned ba emit and/or transm(t a remate or local audfble, visuai or electronlc signal Indlcating that an intrusion may eitfier be In progress or be(ng attempted at the alarm site. mhtml:f Ie:UC:lIIocuments and Settings~SjonesiLocal Settings\Temporary Internet Files10LK2C7\S,.. 2/2/2009 Spokane Municipal Godi; Pa~,~rc 2 of 15 1. It rt1Qdn5 onl;, th,-- equ;pment lacated at Ehe alami site v;he-n a s/ctem is connertetl to an alarm cys?em monit:'ring oamparry. 2. SeCVrityalarrr', systems do not ~n-:{~d_ lh-iose devicos cirsigre' to afert or,fy t6ie in~iabit•~nt:,- of specific premisLs and ~ i -I la c;> r~ ~ that have no set:r.Jinci or rigrialinq c-vlc~_~ car~ ~t- c qen~~rt~.ly f...:3rd Or f>_Eii cn ttie i-xta _ri,;r oi t:ii, alcrrn H. "Alarm u5er" means any persan, firm, partnership, carparat!~_r: ;,ot►~cr ~r.t~t•y ;,•,h c`;`: lUfl":i_ ~CLI!i1.Y aicli iIl t3r dfl ul:;f R'I SIt'.'_, flc.'fT`CCj C.'rI tf1c c;ra"fll =C;ti~fc CiO~:' an~ 3. Ls finandally responsible for tlte operatlon of an alarm system. As used In the chapber, the term "alarm user" may mean more than one person, if more than one person fs listed on ttie mgistradon and has aooepted flnandal responslb[!Ry for opetatlvn of an atarm system. 1. "Burglary atarm' (aiso "property/inbiislon alarm') meaRS an alarm sysLem that Is used to deUed and report an unauthortzed entry or an atfiempted unauthorized entry upon real property. "Ca0-up cla{er alarm" means a securiry devke that Is deslgned to evoke a polioe response by transmitting a pre-reoonded, unverifled signal or message to the polke E911 system or tD any atfief pobce belephone. K`Sherifl' means tfie Sheriff of Spokane County w his designee. L"County" means the Spokane County and/or the area within the uninoorporated boundarles of the Spokane County. M. "Corttrol number' means the unic}ue number assigned to each Ilaensed s+eewrfty alarm business by tfie alarm adminlstrator that fs used to validate alarm dispatch requesfis. N. "Departmenr means the Spokane County Sheriffs Office. ~ 0. "Duress alarm° (See subsection (AB) of this sectlon -"Robbery alarm.') P. "Enhanced caU verificarion" means an Independerrt method whereby tfie atarm monitoring company attempts to determine that a signal from an automatic alarm system reflects a need for immediate police assistance or Investigation. i. ThLs verikation process w(11 be conducted by the atarm system monitortng personnel and shall oonstst of making at least two phone calls ta the responsible party or parties and shall not take mone than flve minutes from the dme the atarm slgnai has been aocep0ed by tfie alarm system monitorSrtg cflmpany. Q. "False alarm response' means Shertff's OfTiac response tn an a{arm dtspatch request by a oommissfoned offioer of c i~ department where, In the opinion of thai deputy, no evidence of the commis5ion or attempted commission of a crr, ~ present that can be reasonaby attributed to have caused the alarm adivatfon. l. A false alarm response Is also deemed to have accumed when the respondiny LiIfIcEJ is ir.a bic t~, d•~cermin._ f` evidence of a aiminal offense or attempGed crfminal otfense Is presertt because the atann site fs Inaeoessible i. t.D; where tfie alarm sibe is locabed: a. within a lodced sirudure, sucfi as an apartrnertt building or businew eompiex with a cammon entry; or b. behind a lodued gabe and no person ks present to provide access oo the deputy; or c. oontabns a dog and no person fs pr+esent to remove the dog so t~ d. oDntains any type of'prabedive/ readNe" devke or conMvance;. R. "Govemment facillty" menns any alarmed bcatlon where the primary owner, operator, r r Valley, County of Spokane, Stabe of Washtngton; or agency of the Unlted States cl,,__ S. "Holdup alarm" (See subsectlon (AB) of thls section -"Robbery alarm.' ~ mhtml:file://CADocuments and SettingslsjoneslLocal Settings\Temporary Internet Files10LK2CM... 2/2/2009 1 Spokane Municipal Code Page 3 of 15 ; T. "Intruslon alarm" (See sutsectlon (I) of this section -'Burglary alarm.') U. "Manimhng" means tt* prooess an alarm business uses tn: 1. keep waLch on alarm systems; 2. reoehre alarm acthiat(an signats from alarm systems; 3. veHfy alarm adivatlons; 4. relay alarm dispafich requests bo the department for the purpose of summoning pol(oe response to an alarm site; and 5. to cancel alarm dEspatch requests (when aPProRriate). V. "Mutd-unR compW means arry buildtng or group of bupdings tocated/co-bcated on the same real property and comprised of two or more separatey oaupied untts. W. °One-pius dures3 alarm" means a security alarm system whltfi permfts the manual activatbn ot an alarm signal by entering on a keypad a code that either adds tfie value of "1" to the la~stt digit oE a normal arm/disarm code (e.g., the normal arm/disaRn code "1234" if entered as "1235" automatically activates the duress alarm feature) or that involves entering any inconect fml dlgit to a normal arm/ dfsarm code (e.g., the normal arnydtsarm code "1234" ls entered as "123X" where "X" ks not 04"- autamatkaly actlvates the duress alarm feature). X. "Pank aiarm." (See subsecilon (AB) of tfiis sectfon -"Rnbbery alarm.) Y. "Person," for purposes of Mis chapGer, means an ind'nriduai, wtporatlon, partnershtp, association, organization or similar entRy. Z "Property alann." (See subsectlon (I) of tfits sedion -"Burgtary alarm.0) AA. "Protective/reactlve alarm system" means an alarm system that Is equlpped and prepared to produce any temporary disability ~ or sensory deprivatlon through use of chemlcal, electrkal ur sonlc defense, or by arry okher means, induding use of vfsion . obscuring/disabling devices. AB, -Robbery alarm" (also "duress alarm", "hald-up alarm" or "panic alarmff) means an alarm signal generated by the manual or automatk act;vation of a deviae, or any system, devioe or mechanlsm, on or near the premises intended to signal that a robbery (refer to RCW 9A.56.190) or other crlme fs in progress, and that one or more persons are in need of fmmediate polfce assistance (n order to avoid inJury, serious bodfly harm or death at the hands of the perpetrator of the robbery or other crime. AC. "Securfty alarm monitoring business" means any person, flnn or corporatton whkh is engaged fn the monitoring of security alarm systems and the summoning of polke officer responue to actfvatbns thereot. i. This includes atl busln~ses that are engaged in alarm monttoring for profit and businesses tfiat have specialized unlts or subsidiaries that monitor only their own alarm systems. qp. `Subscriber" means an alarm user who ts a cusmmer of an alarm moni0oring oompany. AE. "Suspend" ("suspension"), for purposes of this chapber, means the temporary loss for an alarm user of the privtteges assodated spectfic,ady with the registration of a security alarm system in Spokane County (specifkally polioe resPvnse)• AF. "UnmonRored alarm system" means an alarm system (see subsection (G) of thts sedion "Alarm sysbem") that ts not actively monitared by an alarm b+ssiness and whose fundton lt fs to erroke polioe respanse solely by mearts of ageneralty audibie and/or vtsible slgnal. AG. "Vetffied response" ("IndependeM reporting') means a police re.sponse that is based on Intormation receNed from a persan physically present at a laation (e.g., an alarm slte) or fmm reahtime audio or vkfeo survefllance positively verifying that there 1s evidenoe etther ot a aime or an attempbed crime at the locaUon. mhtml:file://CADocuments and SettingslsjoneslLocal SettingslTemparary Intemet Files10LK2C71S... 2f212009 , ~ C(~Cje 1 1. The verifled response by the alarm sysbem monitaring oompany may not take more than flve mtnutes from the time the alarm signal has been acoepbed. Date Passed: February , 2009 ORD C00001 SeWon 1 Sectbn Adminlstratlon and Funding A. ResponsibHity for admtnlstratlon of tfifs chapber !s vesbed wlth the County Shertff. B. The county sheriff deslgnabes an alarm adminisbabor to carry out the dudes and functlons desaibed in tlft chapber. C. The oouMy sheriff designabes one or more persons bo serve as alarm appeats officer(s) bD carry out the duties and funcUm related to appeals desaibed in this diapGer. D. Moneys generated by fa19e alarm servbe fees and registratbn tees assessed pursuant to this chapber stwA be dedkated for use by the depafinent direstly tor administration of the a{arm program and for reoovery ot general poNce services last to false alann response. E. The alarm administrator conducts an annual evaluatlon and anatysis of the effecqveness of this chapter and identifies and Impiements sysbem improvements, as warranted. Date Passed: February , 2009 ORD C00003 Sedlon 1 (Reoodtfkatbn) Sedion Alartn Sites Must be Regtstered A. Rolioe response bo pHvate alarm sites In Spokane County, except as specifoed In, is a prrrllege avaffable onty to ttase alarm users who have alarm sysbems regtsfiered witfi the County. B. No alarm business providing mon'itoring setvice to security alarm stes In Spokane County shall aetivate alartn monftoring servtoe or fnittate alarm dispaGoh requests relatfvve to any alarm site in tlie County that is not property regisbered. C. Failure by an alarm monttoring or irtstallatbn oDmparry te provide iCs updated customer infortnatbn at leasi once a month bD Spokane County tn acoordanae witfi gak Is a dass one dvil infraction. Date PasSed: February , z009 ORD C34223 Section 3 Section G6.22.070(3)(a)(b)(c) Registratbn Terms and Fees A. Aiarm registratbn Is valld for one year. B. Alalm reglsb-atbn is issued bD a per5on or persons ("aiarm user") having bona fide ownership or control of an alarm sibe (l.e., home owner, business owner, renter, feaseholder, ett.) and specifically for that alarm site or address. 1. Alarm regtstratbn rematns in the name(s) of the alarm user of record urttll a change of ownership or cantrol of the alarm sibe oaurs. C. Alarm regEstratbn Ls attached m the alarm user and the alarm s10e reglstratbn and ls not transferab{e. i. A new alarm stte regtstratlon must be issued whenever there ls a change ot ownership or oontrol of an alarm site. D. The intttf~al reglstratbn appl(catfon shall be gNen to the alarm user at the tlme of alarm lnsbllation and shall be submltLed to the alarm admtnistrator or designee witlitn thirty days. E. Asigned copy of the disdosure stabement required in a&_._._ shall be submRUed tn the alarm administ.rator abng wfidi tfie Initial regtstration appUcatlon. 1. R,eoeipt of the cNscfosure stabement ts a precondtti~on of regktrati~on. mhtml:file://C:1Documents and SettingslsjoneslLocal SettingslTemporary Internet Fi1es10LK2C71S... 2I2/2009 , Sparka~e Municipal Cc~de Page 5 af 15 F. RReggis~on inforrnatian Is dekerrnined by the alarm admminWtrator ancl shap indude, but not tae fimited kor the Coparwfrtg; 1. hlame and adsiress of the alarm uw O.e., the perwn rinarciaIly responslble for operatlan of tie afarm system ~ being reglste~+d). 2. Home, buslness and ceIlutar Wephone number(s) of the alarrn user. 3. Name, address and teie,phone nuniber of the alarm business prov3ding monftor+rg serkrice to the systtem. 4. Aftemabe telephc►ne number for vredfkation (tefl pMne or other telephrane designated by the aiarnn user). S. Signature of'the alarTn user vetilying that he has reac# and undersbDW the 5pokane County pub6ic dfsckmre statement anc1 agrees to pay the fees associatecl wftfi false alamm G. Qn recelpt of the appllcation, fee,s and copy af #he slgned dlsdcrsurre statement, the alarm administrabar (or designee) shaN Issve aseeurjt+y a#arm reg6stratkDn number tD the alarm uw. H, The securitr alarm reglstration number asslgned to an a1arm user refrrains the same For as long as the alarm vser cDntlnuously ~ masnkains registradoru for the alarm slte. 1. Registmtion may be reneweti under ttte fcrllowing mndifiions; 1. The alarm site has rto past-due fees 2. "The alarm site`s regiskratEon Is not suspended for extess#ve ialse alarrtis, 3. The alarm user either upolat~ his reglstraUon Informatlan or vetifles that the currerrt rregistrakiQn fnfanmation Is cVI ayrrect. 4. Tlte aparvpdate annual r:+g3straUon fee Is pafd. J, Reraewal Infarmativn and fees ate submitted tra the aEarm adminfstrator (or designee) on or 6efore khe Jniha6 re-g6tration aTll1NeI"safY' date ~ach yeara ~ i K. The rates for setijrlty alarm r~gisbration ft4as are In g2g i. Ttie es#tablished rates sFtiall assure tha't'the alarrn adminlstratar pasiti:an and all other msN related to a.imPn[skr-atlion and enfurremHent of khe securify alarm ord[nance are supporteci entlrely by reg[skrratfon fees. pate Pas5ed; February , 2C}09 ORD C34223 Sectivn 4 sectiarr Responslblrfbes of Atarn, usei-s A. Each alarm user ks respansible, annually, for: 1. regLsterlng h1s alarm system, 2. paYh9 the registmtlvn fee, and 3. prwiding current reglstra'ton inrornaUvn. B. Each alarm user Ls respansible fbr assudng that his alarnn syste~ ~usei property and In accordance with t4e manufacturer's direckians and tte }avu, 1. Inherent ln xhis responsfibi,ilj► ls assuring that all persons urith acoes:s to the alarm system are propetfy trained an comett use af tfie systern and are aukharized to cancel acddental adhmtians, and acisuring that procedures anci pracbces are t'tiol2owed that rrrlnimlze the r6sk of false alarms. C EacM alarm user Is responsible for keeplng hks,alarm system pmperfiy malntained and fn goad worldN order, . r D. Each alarm user Is finan+clall onsible for y r~ Raying servke fees when pallce respond to fa1se alarrns From h~ alam sfbe. {See i ~ mhtml:fiIe:llC:lDocunents and Settingslsjvnes'ILocal SettingsUemporary Internet Files\OL~~2C7\5... 2f2120(}9 Spokane Municipal Code Page 6 of 15 Q& _ _ 1 E. Failure Go meet the responslbilities Rsted fn sub6ections (A). (B), (C) or (D) of this sedion may lead Go suspension or revocation of alarm reglstradon and loss ot the prtvlleges assodated wlth tlhat reyistratlon. F. If an alarm user has six faise alarms wRhln a calendar year the person/buslness respons(ble for the alarm site shall mee# with the appeals ofifloer and provide a false alarm abaDement pian tn tfie appeals oficcer. Date Passed: February , 2009 ORD C34041 Sect(on 1 (Recodiflcatbn) Sectlon Onty Uoensed Alarm Bustnesses may Initiate Alarm DIsxYxh RequesLs Effective Febnuary , 2009, and thereafLer, the departmertt shaQ respond only GD alarm dispatch requests trom alarm businesses that possess a valld Spokane CouMy (Or equivalent) business license and oontrvi number. Date Passed: February , 2009 ORD C34041 Section 1 (Recodlfication) Sedlon Verifled Response Required in Certain Cfrcumstances A. EffectNC Febrtary , 2009, 81xd ttlereafDer, the departmertt sheil responc to the ac:ivatian oi: 1. unmonitored security alam systems; 2. alarm systems monitored by unikensed security alarm businesses; 3. unregistered alarm systems; and 4. alann systems witfi a suspended registratbn only if Independent reporting Indkates that a vime Is fn progre9s or has been atLempted at the invohred alarm slte ((.e., verified response). B. No alarm user or alarm business shall presume, anddpate or expect that a police response wiN r+esut soley from the actlvatlon of: 1. any unmonitored seaifity alarm system; 2. an alanr sysUem monitored by an unlicensed secvrity alarm busfiess; 3. an unregistered alarm sysfiem; or 4. an alarm system with a svspended regtstratlon. Dabe Passed: February , 2009 ORD C34223 Sed9on 5 Sedion - - - [Reserved] [Reservedl Date Passed: Febtuary , 2009 I OE2D C340415ecdon i (Recodfficatbn) Section _._.DiPferentlation and Reportlng of Alarm Acdvatlons A. Effectlve February , 2009, and thereaRer, no person snail operat,E a security alarm system in Spokane County that fails to differendate burgiary/propertyJintrusion alarm activations trom robbery/hoid-up/panic/duress alarm actlvations, or that faiis to accurately report such adivations independently. mhtml:file:/fC:`Ducuments,,uid Settingslsjones'Lccal Sc'.111I1aS1Temporary lnternet F11es,,0I,K2CT5... 2/2/2009 _ 1 Spokane Municipal Code Page 7 of 15 B. Bfective February , 2009, and thereafter, no person shail operate a security alarm sysbem In the Spolwne County that faUs ta dtfferentiate po(loe InGdents (I.e., burglary/property/Intrvsion atarm acttvations, robbery/hold-up/paniciduress alarm activakbns) from fire, medical or other non-potioe incidents, or that fa(ls bo aaurately report such incidents Independently►. Date Passed: February , 2009 ORD C34041 Section 1 (Recodffkatlon) Section Alarm DLspatch Requests A. Alarm dispatch requests sfiall be made in the manner prescribed by the alarm administratDr and approved by 911 and sherifPs dispatch. B. Alann cUspatch requests may indude, but are not Iknfbed bo, the f`ollowing Infsamtiatlon: i. Alarm site registratlon number. 2. Locatlon at the alarm adhratbn. 3. Type of alarm adivatbn (I.e., burglary/property/intrusion, robbery/pank/hold-up/duress or rolFover/akbag deploymern). 4. Alarm buslness' Incident number (or other offidal inddent Identlfier). 5. Alarm business' assigned oontrot number. C. Alarm dispatch requests made to the depa►tment (or its designee) shap be tor police Indderrts only, and shall aauratety Indkate the type of atarm adivadon (i.e., burgiary/property/lntrusbn, rabbery/hold-up/pank/duress) tfiat Is the proximabe cause for the alarm dispatch request. D. No alarm business shail InidaOe an alarm dispaLch request ff it Ivwws, or reasonably shouid knaw, that dofng so wouid cause an I empioyee of the County bo respond to an alarm site contalning a protedive/reacttve alarm system. E. No dEspatch request and subsequent popce nesponse to a robbery alarm (as defined in c2kmay be cancetied by the alaRn user. In every ca9e at least one officer shaU respond tc affirm that the alarm u9er is not under duress of arry kind. Date Passed: February , 2009 ORD C34223 SetUon 6 Section Duties of Alarm Installatlon Company and/or Monltoring Company A. All alarm instaltation arldJor moni[oring companks shall ensure that their customer InformaUon is updated with the alarm administrator or designee at least monthty. This Informatlon shali Indude: 1. customer name and contact informatlon (i.e., all phone numbers); 2. alarm site address and billing address; 3. monftoring company name and contact Informatlan; and 4. instalhatlon date or date the alarm moniboring ended. B. AU alarm Installatlon and/or monRoring oompanbes shall ensure that en on-sibe Inspectlon of the operatlng systems for the alarm sysbem shail oocur at least onoe every three years. The reoords of these inspedions shall be made available tn the atartn admintstrabor upon request. C. The alarm instaUation company shall provide written and oral instructions to each of its alarm users in die proper use and operatlon of thefr a{arm systems. Such iisbvctlons wifl spedflcally fndude all Instructlons necessary to tum the alarm system on and off and to prevent false alarms. D. E'fTectfve February , 2009, and thereaRer, alarm irtsbllatbn companies shall not program alartn systems so that they are capable of sending one-plus duress alarms. , mhtml:file:l/C:\Documents and Settingslsjones\Local Settings\Temporary Internet Fi1es10LK2C7\S... 2l2/2009 . Spokane Municipal Code Page 8 of 15 i. Monitoring cornpanfes may wntlnue to report one-ptus duress alarms recehred from alaRn sysrtems programmed wtth one-plus duress atamns prtar to February . 2009. 2. EffecUve February , 2009, and thereafber, when a bkeover or oDrnrersion occurs or if an alarm user requests an alarm sysbem tnspectbn or modification pursuant bo Qadg_._, , an alarm fnsteNatlon oompany must remove the one-plus duress alarm capab(lihr fmm such alarm systems. E Effeectivve February , 2009, and tlhereaRer, alarm Installatlon oompanies shali not install a devioe to actlvabe a hoklup alarm, whkh Is a single acUon, non-neoessed butCDn. F. Ef'fectlve February , 2009, tfie alarm InstaRatlon companies shap, on new insfiallatbrts, use only alarm oDMrol panei(s) whicfi meet SIA Control Panel Sbndard CP-01. G. An alarm company shall not u9e auiomatit voloe dialm whkh caU 911, Crime Chedc ar tfie shetifPs ofi9oe. H. ARer compledon of the insbtiatfan of an alarm system, an alann fnstapation comparry employee shall review witfi tfie afarm user the cus0omer false alarm preventian checklist estaWished by department polky. I. The monltoring company sfial make an alarm dispatch requesi for a poloe resporise bD a burglar alarm signal, induding pank, duress and hold-up slgnals. - 1. A residential alarm user IS prvrrided one false alarm respoiue during the flrst sbcty days toHowing an alarm system insbt{ation wlthout any charge. J. A monttoring mmpany shall: ~ i. report alarm acttvatlons or signals by using the Gelephone numbers designated by the alarm administrator, 2. attempt to verify every burgtar alarm stgnal prior to reguest[rtg a polke dispatch by making at teast two phone I calls b) the responsi"ble party or partles. a. This prooedure does not apply to duress or hold-up signals; 3. communicate alarm dtspabch requests bD the Spokane Courtty SherIff's OMoe in a manner and form debermined by the alarm adminfstrator; 4. communicabe canoeLatlons to the Spokane County SherEff's Offioe in a manner and foRn determined by tfie alarm adminfstrator; 5. ensure that all alarm users of alarm sysbems equipped with duress, hokl-up or pank alarm(s) are given adequate training as to the prvper u9e of the duress, hold-up or panic alarm(s). a. Alarm system training should be provtded to every alarm user and/or adGitional training provided in situatlons where the alarm user has established a high fnddent rate of false a{arms resuiting from untntentional or aocidental adjvation; , 6. oommunfcabe any available intormatbn (north, south, front, back, floor, etc.) abaut die Iocatbn an all alarm signals retated to the alarm dispatch request; 7. communkate type of alarm acthiatfon (silent or audible, interior or perimeLer); 8. provide an alarm user registratian number when requesting an officer dispatch; 9. aRer an alarm dispatch request, promptly advkse the Spokane County SheriTs Offioe If the monitoring company knows that the alarm user or the responder is on the way bo tlte alarm stte; 10. attiempt to conbct the alarm user or responder within tvventy-tour hours via mall, fax, belephone or other electronic means when an alarm dispatch reque.st ls made; and ii. elfectlve Febnuary , 2009, monibDring oompanies must malntaln tar a period of at least one year han the date of the alarm dlspatch request, records relating to alarm dlspatch requests. mhtm1:file:!/C:1Documents and Settings\sjoneslLocal Settings\Temporary Internet Files10LK2C71S... 2l2/2009 Spokane Municipal Code Page 9 of 15 a. Recotds must Indude the: 1. name, address and telephone numbef af the alarm user; li. alarm sysbem zone(s) acUvabed; iii. tlme of alarm dispatch request; and iv. evidence ot an atbempt to verify. b. The alarm administrabor may requesi oopies of such r+ecords for Individually named alarm users. C. If the request ls made wttttin sbcty days of an alarm dispabch request, the moniboring oompany shall furnish reque.sted reoords within three business days ot receiving tfie requesi. d. If tlhe reoords are requested between sbdy days to one year aRer an alarm dispa0ch request, the monftvrfng rnmpany shall furnish the requested records wfthin thirty days of reoetving the request. K. An alarm fnstaqatfon comparry and/or monitoring company that purchases alarm sysUem aaounts from another person shall notlty tfie alarm administrator of such purchase and provide detalls as may be reasonably requesied by the alarm adminfstrator. Date Passed: February , 2009 ORD Q4223 Sedion 7 Section Compliance with Monitoring Standards Required A!I alarm businesses engaged in monitoring alarm systems in Spokane County shall comply with the monitorfng standards set torth in gQdf. - - Date Passed: Fetxuary , 2409 ORD Q4041 Sectlon 1 (RecodificaUon) Sectlon Alann Dispatcfi Request Cancellations A. An alarm dispatch request may be canceled only by the alarm business Initlating the request prlor to the pofnt the responding deputy reports arrtval at the alarm site. B. Alarm dispatch requests may be canceted In accordanae with the procedures establlshed by tt►e alarm admfnistrator and approved by 911, poNce dtspatch and by the alarm bustness making the oiiglnal request C. Alarm dtspatth requests canoeled pNor to the depuhr's arrival on soene are nat subjed bo false alarm service fees. Date Passed: February , 2009 ORD C34223 Sectton 8 Settion 10.48.164 Prohtbiied Devkes A. Eftective February , 2009, and thereafter, no person shail operate a security alarm system in Spokane County that has a I siren, bell or ather slgnal audible from any property adjaoent to the alarm siUe that sounds for langer tfiw fne oonsewtive minutes after the alarm is adivaLed, or that repeats the five-minute alarm cyde rrare than three cansecutive dmes wlthout resetUng. S. Effecdve February , 2009, and thereafber, no person shall operaGe a security alarm sysbem in Spokane Counry that is programrred tor "one-plus" duress atamns. Date Passed: February 2009 ORD C34041 Sectlon 1 (Retodtficatlon) Sectbn 6.22.090 Violations mhtm1:fi1e:!/C:1Documents and SettingslsjoneslLocal SettingslTemporary Intemet Files\OLK2C7\S... 2I2/2009 , Spakane Municipal Code Page 10 of 15 A. The foJlowing actions constttute unfawful use of a security alarm system: 1. Any person wl'fo xtivates a se[urfly alarm sysiem wlth the intent [o report: a. suspici0us drrumstanoe.s, o► b. any non-crkr*nal lnddent, or !s subject ta oost reoovery fee for tfie fmpraper acthration of the seairtty alarm system. B. Notlhing in thLs sectlon shall prevent the instaqatbn of a single reportlng devloe for both types of security alartns, flre alarms and medical afarms, pravided that such devfoe aompties with Coft_._ and fire code requlrements. :s0e Fassed: February , 2009 '<0 (34273 Sedion 9 on Appmpriating Pubtic taw Enfarcement Servfces for Private Purposes Subject to Cost Recovery Fees A. Causing law enforcement to engage In a false alarm resportse constitutes an appropriation of public pollce services for private purr--s(!s and i; S:;bjeJ to a co5: re;:UVeiy `ee, F. 'i7it, r!~flii l!Se':` IS i:~f?C~sl~:lc ICE of h,s fl'.gIs:f :tiC~fl 9ii'~ C' ~-n`:C'~ ! ~S. ~ ~ ~=S: fe~~,j C. When, in the opinlon of the responding officer(s), an alarm dispatch request can be reasonably assocfated with an actual or at[empted aiminai offense at the involved alarm sfte, the alarm is valid and the response is considered a tiasic law enforcement service not sub}eci fo aost reoovery fees. o. When, in the opinlon of the responxfing aftioer(s), an alam dispatch request can be reasonably attributed to an earthquake, hurricane, tornacio or other unusually vialeM act of nature, no oost retovery fee shall be assessed. E. Vfien, !n the opinlon of the responding aftker(s), an alarm dispaUch request cdnnat be reasonably attributed to ihe condftlons desaibed in subsettion (C) or (D) of thts settlon, the lnddent is a false alarm and the poNce officer response is conskiered an approprlatlon of pubk polive servbes for private purposes that Is subject tn oost recovery. F. When the respondtng ofl9cer(s) is (are) unable ta determine ff an afarm ts valki or tal9e because of inaccessibility of the alarm site, the response is presumed to be a false alarm response, and !s subJect to cost recovery fees. {See ccde ) Date Passed: February , 2009 ORD C34223 Sedion 20 Section Fees for Appropriating PubGc Law Enforoement Servltes far Private Purposes A. The cost recovery fees for appropriat)ng publk iaw enforcement services for pnvate purposes are ►n cade 1. Separdbe rates may be established for commercial prapertles and residential properttes respanses to false burglary/property/lntruslon alarms and to false robbery/hold-up/pank/dure.ss alarms. 2. 71te establiShed rates shall assure that the full cost of law enforcement response to false security alarms is recovered by the County. B. Cast recovery fees are assessed based an the response requested. An alarm dispatch request repordng a robbery alarnn, for example, !s subJed to the fatse atarm penafty fee appkable to robbery false alarm responses, even if tfie afann activatlon shauld properly have been reported as a burglary atarm. Date Passed: February , 2009 ORD C34223 Section 11 ~107Z'c1~ Spokane Municipal Code Page 11 of 15 Sectbn Autfiorization to Ls,sue Cttations and As^sess Service Fees A. The alarm admintstrabDr Is graMed a spedal commisslon by the Sheriff tp Issue dtadons pursuant to tfils chapter. I B. The alarm administrabor is authorized by the board af oourtty commissioners to assess oosts pursuarrt to code Date Passed: February , 2009 ORD C34223 Sedion 12 SeGtfon Fee Processing A. Inida) Registratbn Fees. Atarm businesses contracting with customers to prov(de monitnring servke.s (or their agents) shaq assure that customers residing in tfie County eomplete Initial regfstraqon forms and remlt the requlred regisbatlon fee to the County (or Its designex) prior to actfvatbn of monitortng servke. B. All fees are due and payable on recefpt 1. Fees that are unpafd br thirty days or more afUer the date of fn(dal tnvobe are considered past due for purposes of tfils chapter. C. A late tee of ben doltars pef month or ten peroent ot the outstanding balanoe per montfi, whkhever Ls greater, may be Imposed on past due aooourtts to cov+er the cost of processing and oolfectlon, ~ Date Pas,9ed: February , 2009 ORD C34223 Sedion 13 Section Suspension of Registratlon A. MY alarm user havin9 more than three faise alarm responses in an calendar ear ~ y y may, on the event of the fourth wch Incldent, have hls alarm registratbn suspended for ninety days or the balance of the year for whkh the regtstration is valid, whlchever is greater. B. Any alarm user having annual registratlon and/or false alarm cost reoovery fees past due !n any year shail have hLs reglstratfon suspended untll ail outstancting fees have been paid in tuil. ' C. Furnishing false Information on an alarm regfstratlon appllcaUon Is prohibiGed. 1. On the flrst offense, the alarm admintsVaCor shall suspend the alarm user's registration for thlrty days. 2. On the seoond offense, the alarm administrator shall suspend the alarm users registratbn for the remainder of the registratlon period. Date Pas.sed: February ,2009 ORD G34223 Sedion 14 Sectbn False Alenn Awareness Ciasses A. The alarm administrftr shatl erisure that the on-iine false alarm awareness dass Is aval{abie for those alarm users having four or more false alarm activatlons In any calendar year. 1. Each alarm user elfgible for the dass shail by cornacted by mail or by phone and asked to take tfie dass. 2. The letter sent in these cases wiU specify the web page address and the user password Lo be used that will shaw that the user has read and passed the ctass. 6. CAmpiedon of tfie false alarm awareness dass oonducLed by the alarm adminlstrabor by an alarm user (i.e., the person respon.sibie for operation of a registered alarm system) may senre in Ileu of a regtstratbn suspertsion one time per registered alarm site. This shal) apply onty in c.ases of the number of false alarm actlvations, not for non-payment ot any assessed I registratlon fees or cost recovery fees for law enforcement response to a false alarm. Date Passed: February , 2009 mhtm1:file://C:1Documents and Settings\sjones\I,ocal SettingslTemporary Intemet Fi1es10LK2C71S... 2/2/2009 Spokane Municipal Code Page 12 of 15 ORD C34223 Section 15 Sedbn Appeals Cost reoovery fees may be appealed to the alarm appeals offioer, as follows; A. The appeal prooess fs Intabed by the atartn user sending a letber to tfie alarm appeais offloer requestfng ((an appeal oorNererroe)) that die aost rewvery fee be waived, and sKNdfAV tfie reasons tor tlhe appeal and submitting tlhe sccheduied appeal fee. 1. Thts {etLer and appeal fee must be reoehred by the alamn appaais affloer wRhin tfilrty wroricing days after maMng of the initial Imroloe bo the alarm ovmer. B. Service tees may be appealed ony on the grounds tfiat tfie incident dted as the basis for the service fee was, In fact, not a faise alarm response. 1. The atarm user must, In his letter requestJng an appeal, de9orlbe debiled, uedfble evidence In his possesslon that wpports the contention that tfie krvalved tnddent was a vatid alarm, as described In Q2dg . C. The alarm appeals offioer may re,fect requests for appeals that are not supported by debiled, aedible evidence of atminai acWity or !or one of tfie fisted reasons In the Spokane Coutity false alarm appeal guidefine form try the appellant 1. Natioe of re}ectbn of a request for thls lnrdai appeal shaU be sent bD the appeltant In writing wtthtn ben wcrking days folbwing receipt of the appeal request by the alarm appeats offlcer. D. Whenever the first appeal Is denied, the alarm user may then file a second writLen appeal requesting an in-persan hearing. 1. Thls request must be recetved withln thirty days from the mailing of the denial of the first level of appeal. Z Alt hearings shall be heard by an appeais offfioer appotnbed by the Shertff. 3. The atarm administrator shap serve as the County's representaUve In t#hese hearirgs. The flHng of a reque.st For an appea) conferenoe wttfi an alarm appeals offlcer sets aside any pending service fee or relabed servioe suspenslan/revocaUon uMll tfie atarm appeals offlcer either rejeCts the appeal request, as describeG In subsectlon (A) of this secticn, or renders a fnai dedsion. E. The atarm appeals offioer, on reoelpt ot a request for a hearing, shall oonduct an appeal conferenoe In Spokarie County within thtrty working days after reoeivtng the appeal request The alarm adminlsdabQr may also cDntact the appellant and offer a resolutlon or modification of the cost recovery fees prbr to the scheduled hearing. F. At the tonference, the alann adminfstrator shaq present evidence on the County's behaW supporting the case that tfie applicable cost recovery tees are based on pollae response bo an adual faise alarm. The alaRn appeals offloer shall consider thls evidenoe and any informatlon presented by arty interested person(s). i. Because faLse alarm respor►ses are based on the professional iudqment of the responding offioer using the facts knovm to the offker at the time of the inddent, the burden of proof In appeals fs on the appellaRt. 2. The appellant must establish with uedible evkience tfiat facts not consldered by the otker extsDed at the time of the Incldent lead to the reasonable conclusian that the Inddent InvoNed was a valid alarm, as descrtbed In g& 3. The alarm appeals offioer shatl make his dettsion based on tfie preserice of such facts and eandusbns. G. The alarm appeals offioer shall rencier a dedsion and notity the appellant and the alaRn admink5fiator thereof In wripng within twenty working days after the appeal oonferenoe Is held. The alartn appeals offoer may: 1. affirm, 2 waive, 3. canoel, or mhtm1:file://C:1Dacuments and SettingslsjoneslLocal SettingslTemporary Intemet Files10LK2C71S... 2/2/2009 Spokane Municipal Code Page 13 of 15 4. modify the penalty fees or actlons that ere Uhe subfect of tfie appeal. H. If the alarm appeals oMcer aftirnis or modlies the amount of a servbe fee due, that amount becomes ImmeciiaGety due and Pfiable. I. Appeal dedsiorLS are r+eviewed and approved by the chtef of polke prior to beooming ofl9cial. The official deUsbn of the alarm appeals officer is ftnal, and no turther appeals or remedies are available. Date Passed: February , 2009 ORD C34223 Section 16 Sectlon Authority of Alarm Appeal Offioers The following case.s shall be within the jurlsdktlon of the alarm adminlstrator and the alarm appeals oftkeqs) under the terms and prooedures of this chapter: A. Any and ap false alarm appeals govemed by thls chapter, B. Alarm license suspensbn of arry system located wfthin Spokane County or its jurisdktion govemed by thEs chapter. Administratlon of servfce fees andJor flnes related t4 or applicabie to any searity alamt system authorized by thls chapter. C. Any and aU other adminlstrathre alarm appeals as they may pertain bD secuNty alarm systems bcated within Spokane County, including appeats as set forth in a&_._, . Date Passed: February , 2009 ORD C34223 Section 17 Section Alarm Appeals Officer Selection - Qua[fficatlon and Removal A. The aiarm appeats offioer(s) shall be appoinbed by the Sheriff. B. The alarms appeals officer(s) shatl be appointed solely wkh regard to their qualtfications for the duties of the offioe and will have such training and experience as will qualtfy them to corxiuct administrarve or quasi -judkial hearings on regulatory enactments and to discharge any other conferned functbns. C. The alarm appeals officer(s) may be removed from offioe by the Sheriff. Date Passed: February , 2009 ORD C34223 Sectlon 18 Sedion Improper Influenoe, Conflkt of Inberest and Appearance of Faimess A. No County offklal, eledlve or appoindve, shall attempt Lo tnfluence the alarm appeals otRcer in any matter afficiaAy before him so as to constitute misconduct of a pubCK offloe under chapter 42.20 RCW or a viokftn of the appearanoe of faimess doctrine. B. The alarm appeais offioer(s) shall oonduct all praeedings in a manner to avoid oDnflkts of Inberest or otlw misconduct and bo avoid vblations of the appearanoe of tairness doctrlne. 1. If such wnflicts or vbiatlons pnnot be avolded tn a partkular case, the atarnt appeaks offioer shaq assign an atarm appeais officer as a pro bem to act In hls absence. Date Passed: February , 2009 ORD C34223 Section 19 Sedion Organizatlon - Rules A. The alarm appeal officer(s) shafi be ernpowered to adopt rules for the schedufing and oonduct of hearings and other procedural matters retated to the dutles of hts offke. mhtml:fi1e://C:1Documents and Settings\sjones\Local Settings\Temporary Internet Files\OLK2C7lS... 2/2/2009 Spukane Municipal Code Yage 14 of 1~ i. Such rules may provide for aoss examinatbn of witnesses. 2. FUl'd1Qf, such rules shall pravide for r+eoording of the proceedinyS and `Of CJfT!~ !i~il~;_' Wiitl th:' fi-derdl; tind oourity taws which may govem sucfi a prooeeding. B. In rendering a decnbn, tfie alarm appeals officer{s) !s hereby authorized to take judicial natice of all duty-adopted rules, ordfnanoes, standards, plans, requlatbns and paikies of Spokane County and other pubik agencies. DeLe Passed: Fetxuary , 2009 QRD C34041 Sedbn 1 (Rieoodiflcatbn) Section Exoeptions A. The provbbm at tfils chapber sha0 not apply tD temporary a{aRn systems used by d1e department or other pubik law enforoemwt agendes for invesitgathre or proUective purpose,s. B. Govemment Fadiities. 1. Government faciUties as deflned In Q& are subfect tD the following spedai rules: a. Fee Structure: i. Gavernment facilitles are subject to annual regtsbaUon rules (I.e., providtng cantact informadon for the alarm system), but are exempt from payment of the annual registration tees described in mk . U. No oost recovery fees shall be charged for po(ke response(s) tD false alarntis at government fadtitjes. b. Govemment tadiitks are exempt trom havfng potioe resporse suspended. 2. To quaitfy for the special rules and exemptbns under this sectlon, an alarm siUee must meet the foilowing criberia: a. The site Is located withln the Jurisdktional boundarles vf the Spokane Courrty; and b. The site meets the criteria as defined In o& . 3. Upon the fourtfi respwn.se to a faise alarm In any calendar year, a responslble party for the govemment atarm site shan meet wtth the alarm and adminlstrabor and present a false alarm abatement ptan. 4. The alarm admintstrator may make any other spedal rules and exeepdons as are deemed necessary bo aswre that appropriabe pro0ection and acoamtab8ity is maintained at government stm Date Passed: February , 2009 ORD C34223 Sectbn 20 Sectlon Special Rules Appiicabie tD Pubiic Schaols A. Pubifc schools are svbject tD the folbwing speclal rules: 1. Public schools are subW tD the fblowing servioe fee shudWe: a. Pubtk schools are subject tD annual registratlan ruies (i.e., provtding irtfomtiation on the alarm system and contact infomotion), but are exempt frnm paying tfie annual r+egistration fees app(kable tD govemment Wttfes, as desaibed in gak_._._. b. No fee is charged for the first tal9e alarm in any calendar year. C. The fee tar the seoond talse alarm In any calendar year is wahred, pmvlded the site administrator (ar designee) successfully oamplebes the on-ifne talse alarm awareness dass. d. The thlyd and al! subsequent talse alarms in any calendar year are dhanged at the standard servke fee mhtml:file://CADocuments and Settingslsjones\Local SettingslTemporary Internet Files10LK2C7\S... 2C2/2009 ~ ~ Spokane Municipal Code Page 15 of 15 rate. 2. Pubtk 9chools siGes are exempt from registratlon fees or suspension. 8. To qualify for the spedal rules and exempdarTS under tfils 9ecdon, an afarm slte must meet the following Qibeiia: 1• The sibe Es focated wfthin the munldpal boundaries ot Spokane County; and 2. The site is a pubtic school serving children In one or more of grades K-12, owned and operated by one of the Spokane County School distrkfis; or 3. The sibe fs a public school site serving children in one or more of grades K-12, owned and operated by Spokane Caunty Schools. C. The alarm administrator may make any otfier special rules and exoepUons as are deemed neoessary to assure that appropriate protettion and aecountabiiity is maintained at pubik sdwols. Date Passed: February , 2049 ORD C34223 Section 21 Section Confidentiaiftj► af Atarm Information A. All informatlon gatfiered through: ~ 1. alarm regfstrations; and/or I 2. activations of faise alarms; and/or 3. submission of custDmer Iistr by alarm sales, tnstalladon or monltoring campanies; and/or 4. through the appeals process must be held in confidence by all employees of Spokane County end its tti(rd party adminishator if appticab{e. Such informadon fs proprietary and Is hereby declared confldenUai. A dtsdosure of such Information would violate tfie asbomer's dght to privacy and could endanger that person's right to safety. B. Absent special circumstances or oourt order, afl wch Information must not be released to the public or any other person. C. Thls Intormatlon may be released by the alarm administrator to anotfier law enforcement agency, the applicable alarm user and/ or his instaltation or monitoring oompany. Date Passed: February 2009 ORD C34223 Sedion 22 Section Scope of Potke Duty - Immuntdes Pre.served A. The issuance of an atarm regtstration dces not create a conbad between Spokane County and any alarm user, alarm instaitatbn comparry or monitoring company, nor does It creaCe arry duty or abligation, elther expressed or implfed, on the sherifPs office to respond to arry atarm activatbn. B. Any and aA qabqity and/or oonsequendal dama4e or bss resuldng trom the fallure of the sherifPs office to respond to an alann dlspatch request Is hereby dlsciaimed and governmental {mmunity as provided by {aw If fully retalned. I C. By applying for an alarm registration, the alarm user acknowiedges that pofke response bD an alarm actlvatlon fs Influenaed by the avaiiabflity of offioers, prlority of arnertt cails far service, traf'fic and/or weatfier oondibons and stafting Ievds. Dabe Passed: February . 2009 ; ORD C34223 Sectfon 23 , mhtml:file://C:\Documents and SettingslsjoneslLocal Settings\Temporary Internet Files10LK2C71S... 2/2/2009 . CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Upcoming Public Works Project Council Actions GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adopted 2009-2014 Six Year TIP on June 24, 2008, Resolution #08-014; Informational Memo on draft Amended 2009 TIP in Council's January 27, _ packet; Public Hearing on proposed Amended 2009 TIP on January 27, 2009; Information Memos on Federal Stimulus Projects at December 16th Meeting and SRTC prioritization list in January 13t" Council Packet. Public Hearing and Resolution adopting the Amended 2009 TIP on January 27, 2009. BACKGROUND: Attached is a list of projects staff is working on this year. This list includes projects planned to be bid for construction along with projects that will only be designed this year. These projects will require future Council action in the form of bid awards, consultant agreement approvals, memorandums of understandings, etc. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: Budget and financial impacts will be addressed on an individual project basis. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: 2009 Anticipated Council Actions for Public Works Capital Improvement Projects 2009 Anticipated Council Actions for Public Works Capital Improvement Projects ROAD CONSTRUCTION PROJECTS 44t' Avenue Pathway- Woodruff Rd. to Sands Rd. -#0054 Under staff design. Bid is scheduled in March as part of the Spokane County West Ponderosa Sewer Project. The project will add a pedestrian path and two bike lanes from Woodruff Road to Sands Rd. The project is partially funded by a Federal SAFETEA-LU Transportation Enhancement Program grant. Appleway/Sprague/Dishman-Mica ITS - #0062 Upgrade signal controllers at 20 intersections. Install conduit and fiber optic cable and connect to SRTMC central system. Broadway Ave. Rehab - Fancher to Thierman - Phase 2-#0066 Under staff design. Scheduled for bid in April. A 2" grind and inlay will be completed on the entire roadway surface from the concrete intersection at Fancher Rd to the concrete intersection at Thierman Road. The project is partially funded by a Federal STPUS grant. Broadway/Fancher PCC Intersection - #0067 Staff design is 99% complete. Project is scheduled for bid Feb 13, Council Approval of Bid Award scheduled for March 10th, and construction in April. The project will replace the existing asphalt pavement with cement concrete pavement and update pedestrian ramps and storm water structures. The project is partially funded by Federal STPUL grant. Broadway Ave Reconstruction - Moore to Flora -#0088 Under staff design. Beginning ROW acquisition. Possible construction bid in June, 2009 if ROW is secured. The project is partially funded by a TIB Urban Corridor Program grant. SpraguelEvergreen PCCP Intersection Project - #0102 Under staff design. Scheduled for bid in April. The project will replace the existing asphalt pavement with cement concrete pavement and update pedestrian ramps and storm water structures. The project is partially funded by a STA grant. Sprague/McDonald PCCP Intersection Project - #0104 Under staff design. Scheduled for bid in April. The project will replace the existing asphalt pavement with cement concrete pavement and update pedestrian ramps and storm water structures. The project is partially funded by a STA grant. Sprague/Pines PCCP Intersection Project - #0103 Under staff design. Scheduled for bid in April. The project will replace the existing asphalt pavement with . cement concrete pavement and update pedestrian ramps and storm water structures. The project is partially funded by a STA grant. Sprague ADA Improvements - #0098 Contract documents and plans have been approved by CDBG and complete. Project is scheduled for bid Feb 13, Bid opening March 9th. The project is partially funded by a grant from CDBG. ROAD DESIGN PROJECTS Indiana Avenue Extension - Sullivan to Moore & Flora -#0112 Staff will develop MOU with adjacent property owner and design. Scheduled for construction in summer 2010. The project is partially funded with a TIB Urban Corridor Program grant. Park Rd - Broadway Ave to Indiana Ave -#0069 This project will reconstruct and widen Park Road to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. ECONOMIC STIMULUS PROJECTS (CONSTRUCTION) Sprague Avenue Resurfacing Project - University to Evergreen - Phase I-#0110 Taylor Engineering design. Scheduled for construction in July. A 2" grind and inlay will be completed on the entire roadway surface from University to Evergreen. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. Sprague Avenue Resurfacing Project - Evergreen to Sullivan - Phase II -#0115 Staff is negotiating a contract with Taylor Engineering for design. Scheduled for construction in July. A 2" grind and inlay will be completed on the entire roadway surface from Evergreen to Sullivan. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. Euclid Avenue Resurfacing Project - Sullivan to Flora -#0116 Staff is requesting a proposal from TD&H Engineering for design. Scheduled for construction in July. A 2" - - grind and iniay will be completed on the entire roadway surface from Sullivan to Flora. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. 32nd Avenue Resurfacing - #0117 Staff is negotiating a contract with Varela & Associates for design. Scheduled for construction in July. A 2" grind and inlay will be completed on the entire roadway surface from Dishman-Mica Road to SR-27. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. Sullivan Road Resurfacing Project - Indiana to Euclid -#0118 Staff is requesting a proposal from TD&H Engineering for design. Scheduled for construction in July. A 2" grind and inlay will be completed on the entire roadway surface from Indiana to Euclid. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. Dishman-Mica Resurfacing #1 -16t" to University Road -#0119 Staff is negotiating a contract with Century West Engineering for design. Scheduled for construction in July 2009. A 2° grind and inlay will be completed on the entire roadway surface from 16th Avenue to University Road. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. Dishman-Mica Resurfacing #2 - Bowdish to City Limits -#0120 Staff is negotiating a contract with Century West Engineering for design. Scheduled for construction in July 2009. A 2" grind and inlay will be completed on the entire roadway surface from Bowdish Road to the south City Limits. The project is being designed in anticipation that Federal economic stimulus funding will be available for construction. - ECONOMIC STIMULUS PROJECTS (DESIGN) Bowdish Rd - 32nd Ave to 8th Ave -#0121 - This project will reconstruct and widen Bowdish Road to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. Flora Rd - Sprague Ave to Mission Ave -#0122 - This project will reconstruct and widen Flora Road to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. Mission Ave - Flora to Barker -#0123 - This project will reconstruct and widen Mission Avenue to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. Evergreen/32nd - 16th Ave to 32nd Ave/Evergreen to SR-27 -#0124 - This project will reconstruct and widen Evergreen Road between 32"d & 16th and 32"d Avenue between Evergreen and SR-27 to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. Barker Road - 8th Ave to Appleway Ave -#0125 - This project will reconstruct and widen Barker Road to a three-lane urban street with sidewalks, bike lanes, curbs, gutters and associated drainage systems. Carnahan Road Truck Lane - 8th Ave to City Limits -#0126 - This project will reconstruct and widen Carnahan Road to a three-lane urban street with a second southbound tane up Carnahan Hill and adding sidewalks, bike lanes, curbs, gutters and associated drainage systems. SEWER PROJECTS West Ponderosa Sanitary Sewer Project (Phase I and Phase II) -#0106 The project is currently being designed by Spokane County. The project will be split into two phases with 44th Avenue being the boundary. Bid advertisement for phase I is scheduled for February. Phase II is scheduled for March. Phase II will include the 44th Avenue Pathway project (CIP #0054) designed by staff. Additional stormwater studies are being conducted in this area. Any improvements will be included in the project. Locust to VanMarter, City Limits to Dishman-Mica Valleyview Sanitary Sewer Project - #0107 The project is currentty being designed by Taylor Engineering for Spokane County. Bid advertisement is scheduled for March. The staff stormwater and curbing design at 16th and Bettman (CIP #0100) will be bid under the project. Additional stormwater studies are being conducted in this area. Any improvements will be included in the project. Buttercup to David, Lake to 13t'. Rotchford Acres Sanitary Sewer Project -#0108 The project is currently being designed by Spokane County. Bid advertisement is scheduled for April. Sullivan to Steen, 16' to 10'. Clement Sanitary Sewer Project - #0109 The project is currently being designed by Varela & Associates for Spokane County. Bid advertisement is scheduled for April. Flora to Greenacres, 6`h to Sprague. PARKS PROJECTS Discovery Playground - #0086 The Playground on the south end of the Mirabeau Point Park is under design by Eco Plan Design Concepts. Construction is scheduled for fall 2009. Valley Precinct Bldg Floor Drain -#0096 Remove, improve drainage and replace concrete in Precinct. Valley Mission Phase 1 Improvements- #0076 Grading, irrigation, drainage Installation of city provided 40' x 60' picnic shelter and play equipment., and security lighting and controls. Currently scheduled for advertisement for the end of February. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE : Office Space Lease Extension At Redwood Plaza PREVIOUS COUNCIL ACTION TAKEN: The City leased office space at Redwood Plaza when the city incorporated in 2003. Additional space was leased at the same site as the city grew and required more space. As part of the agreements to lease additional space, and in recognition that any new city owned facility would not be ready by the expiration of the original lease, the city extended the original lease so that all city leases at Redwood Plaza currently expire at 3-31- 10. . . . _ BACKGROUND: Staff tried to extend the lease again in 2008 but the leasing agent wanted a surcharge to extend the expiration date beyond 3-31-10. Staff was also concerned the rate per square foot might be greater than comparable facilities elsewhere in the community. With the expiration date a year away, staff has again approached Web Properties about an extension on our lease. Staff has also used an independent realtor to gather information about available space in Spokane Valley. It has been difficult to find 20,000 to 30,000 square feet of space at one site. Another problem is anticipating our space needs over the next five years. After reviewing available space in the community and considering the cost of moving, staff believes extending the existing lease at Redwood Plaza with a 3% annual increase is the best option. OPTIONS: 1.) Extend the existing lease with Redwood Plaza with 3% annual increases; 2.) Lease space in another facility of comparable size; 3.) Split city offices into several sites RECOMMENDED ACTION: Staff recommends a three year extension of the office space lease at Redwood Plaza with a 3% increase in the rate/square foot on April 1 of each year. We have one year left on our current lease beginning 4-1-09 at $17.15 square foot per year. This item will return to the council agenda on February 24. BUDGET/FINANCIAL IMPACTS: A 3% annual increase will cost the city approximately $13,600 more each year. . STAFF CONTACT: Ken Thompson, Finance Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-10-09 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Water Rights GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Attached is material related to water rights, which was presented recently at the Council of Govemance Meeting. If you would like to discuss this further, please contact Mayor Munson so he can scheduled this for a future Council meeting. OPT1ONS: RECOMMENDED ACTION OR MOTION: BUDGETlFINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Spokane Aquifer Joint Board PowerPoint Copy "The Need to Protect Irrigation Water Rights Held by Public Water Purveyors in Spokane County" ~ 1 /21 /2009 , ~ ' ~ . ~ Spokane Aquifer Joint Board , Formed in 1995 the Spokane Aquifer Joint Board (SAJB) is a group of twenty-two (22) water purveyors throughout the Spokane area dedicated to providing safe, clean drinking water to homes, offices and industries every day. Collectively SAJB members operate 122 wells, Supplying Drinking water to more than 300,000 people in the Spokane area. Each purveyor draws water from the same source; THE SPOKANE VALLEY-RATHDRUM PRAIRIE AQUIFER. 1 1 /21 /2009 The SAJB collective priority is to protect the public water supply by coordinating efforts, performing and sponsoring studies and investigations, and providing a discussion forum with respect to developing and implementing public water supply programs such as: . Wellhead Protection . Conservation . Protection of Associated Water Rights v SAJB Water Rights Committee : • :i ~ ` ~ ~ F ~ f ` .x• r - ' • 4 - r ~ ' { ' ~ . . ` f t~ . . 'f•'- f~' . .1,~ ♦ 1, v~ . . _ _ . . ' ' Earty Spokane Water h1ain Delivery 2 1 / 2 "l ; ~11',_) ► ~ ~1 ~ . . . - a. • . _ : , _ _ _ : -Y'~'' { z \L . . . , ~ -~wr _ . .',,r ~~v.~ ~.s 1 •t y~i+ I i •a ' a Vera Water and Power Old Well One, Buiit in 1908 Purpose Today: To request support from the Spokane Regional Council of Governments for an amendment to an existing RCW to retain water rights held by Spokane area public water purveyors. VUhy 3 , 1 /21 /2009 , Water rights held by public water purveyors in the Spokane area are either in use today or are heid in reserve for future growth. If a public water purveyor loses a"held in reserve" water right, or a portion of that right, future growth potential is impacted. Water right loss will have a direct impact on the amount of future growth in water purveyor service areas in Spokane County. , • The Spokane Valley-Rathdrum Prairie Aquifer extends through the State of Idaho and new water rights are being issued. • The Washington State Department of Ecology (DOE) has not issued new water _ rights in the Aquifer since the 1980's. 4 1i21i2oos • DOE has stated in written documents that not a(I water rights held by public water purveyors are municipal and portions of those rights are subject to loss. Conclusion: Securing new water rights Is not an option and loss of existing threatened. January 9, 2008 - Letter from Department of Ecology (DOE) to Moab Irrigation District No. 20 _ r-c- ` lc..," *-rrwR.~t=+~~ ~ ~nr*rl~ •,w;~~ - ~to+ f..[.. L- 4.~~~►.~ 17a'~.. ' '7D~1 ~ ~a.►>. 5 1 1/21/2009 DOE -etter to Moab: •°Only that portion of the agricultural irrigation water use which has been placed to beneficial use and perfected under your rights could be considered for change. The department (DOE) will have to evaluate the districts water rights to determine how much can actualfy be changed from irrigation use to municipal supply". , Agricultural irrigation? Municipal supply? What were the choices on the DOE Application for Water Rights? DOE Application for a Water Right 3. In the secor►d space within ltte paragraph, write the purpose(s) whfch you are proposing to use the waber. (See definrdons beiow.) Definition of nyn2g1gW Be sure to lnclude ALL uses that you propose, not just the manx use of waber. Some examples falbw. DomestiGPubk Supply. usiny water for hurnan cvr►sumption, to prepare food a beveraQes, or for human sanftation. I rrlgaftNAgricutture/Farm: trtigation: appyErtg water to land to enfiance crop or plant growth. Stockwa:er provtdlnfl water b captive anlrtiais soley for drinking. Dairy: using water for production of mqk and/or mllk products IndusMallWnufaciuring/Commerdal: using water in the Fabricatbn or sellirtg of producls or goods. Road ConstructfonMlainUenanoe: using water in the construcbon and/or malrttenance of arry thoroughfars Hydropower using waber to produce enengy Mining: uaing water to extrad rocic, minerais or other materisl from the earih. Other Describe type Of use. 6 1121 /2009 The DOE Water Right Application did not have a "municipal" choice. Nor does it have an "agricultural irrigation" choice. One of the problems islack of adequate definitions in the water code and DOE's change in the use of terms and polices WHERE AND HOW WA-ER PURVEYORS PROV DE WATER SERV CE S NOT REGJ-ATED BY DOE I DOE REGU-ATES WATER R GH-S ON.Y 7 1 /21 /2009 As per the Public Water System Coordination Act RCW 70.116: PLANNING FOR WHERE WATER PURVEYORS PROVIDE WATER SERVICE I IS REGULATED BY THE SPOKANE COUNTY COORDINATED WATER SYSTEM PLAN (CWSP) PLANNING FOR HOW , WATER PURVEYORS PROVIDE WATER SERVICE IS REGULATED BY THE WASHINGTON STATE DEPARTMENT OF HEALTH (DOH) DRINKiNG WATER DIVISION. , In 1977 the Washington State Legislature enacted the Public Water System Coordination Act; which established a procedure for the State's water utilities to coordinate their planning and construction programs with adjacent water utilities and other local government activities including the Growth Management Act (GMA). 8 1 /21 /2009 The Coordination Act directs that public water suppliers will: . Coordinate future water service areas with i n each cou nty • Provide DOH with a Water System Plan every six years. , - . . . ~ . ~ }"~['•e. > ~...1 1 ~1.. . ~ ~ - ~ ~ = ~ w.... . ~i..~.--•.. ~II tv i. `•-'1 ~,w`'-7~~ ~ "ir " r-4-"'•- Fzr- ' ~ ~~~~y~ t r- ~ _ r1- - tl- 1~~cp . --Fst- Cr - J ~ . ~ir'-'~ = . s"~~ . . ,1~+ ~ ~ •-~J 1 - - I ~ J m r~.~"'"' ~ ~ I i_ • ~ ~ i ii~':~~-~. . ' L k ' ,~___t _ ..~j_ `ti'~f ~L. ! ~ ! - r+ ,-i _ ~ 4-' t - ~ _ : ;I J.:.~ LT. ~ ~ - . • T..,-_- ~ ~ Y:-!`; ' 1, Y I; i i~~ ~ i,;~ f ~•t-.t .~{t rt~r i i~ I f=~-rr`. •rii~i~~nr~~~iri~cr,nnim~r~~~ ~~~ri~ ~ ~rtrtniir~~i~imc ~ WL 9 . 1 /21 /2009 Water System Plans (WSP) have been provided to DOH by water purveyors beginning in 1977. As per the Coordination Act each Water System Plan includes a 20 year planning period and a financial program for the first six years. , The first Spokane County Coordinated Water System Plan was completed in 1982, updated in 1989 and in 1999. 1999 CWSP, Section 1, Executive Summary, Introduction: "The CWSP, when integrated with individual water system plans (V1/SP) and the GMA Comprehensive Plan, presents a significant piece of the farger resource and growth management plan for the County's future" 10 1 /21 /2009 , Please note that water purveyors in preparing a WSP have followed the DOH Water System Pianning Handbook The DOH Water System Planning Handbook under definitions states: "municipal water use" means the amount of water delivered for use by public water systems. - I BEGINNING IN 1977 (COORDINATION ACT) PUBLIC WATER PURVEYORS HAVE INCLUDED ALL WATER • RIGHTS IN PLANNING DOCUMENTS PROVIDED TO DOH. THOSE PLANNING DOCUMENTS (CURRENT AND FUTURE PLANS) HAVE BEEN REVIEWED AND APPROVED BY DOH. AND BY DOE UNTIL 1/9108. 11 1 /21 /2009 Summation of Issue: 1. No new water rights in Aquifer 2. If DOE is successful existing water rights will be reduced - future growth impacted. 3. Water purveyors have been documenting their intention to use all water rights for future planning purposes since 1977. 4. Since 1977 DOE has reviewed planning documents that included all water rights. What can be done? Should a letter be written to property Owners letting them know that any planned future development of their property may not be possible due to a lack of water? 12 1121/2009 a'eCI~ion: Lets' not send the Iett+er at this time. Lets' prepare an amendment tv an existing ~ RCW ar~ d wa► rk hard to garner s upport from Lvcal and state affcials for the proposed change9 " if that elfort is unsuccessful then wrifiing the ~eft+er to customers would have tv be reconsidered. Praposed Amendment to RCW 90.14. 140 RCW 90.14.140 -"Sufficient cause" for nonuse defined - Rights exempbed. (i) If such right far dornesdc andlor munie'ipal andiot irrigation andilar industrial purpe►s+ss ss claimed ort or befqre January i, 2009 for future gmwfih of apotable water system by a public water purveyor pmviding pot~ble water to the generaf public withira the public water purveyors dasignateci service areas, and suc.h right was fncfuded In a publicwater purrv€;yoes Departmertt crf Hea1th approved Com,prehensi+m Water System Man. For the purposes of this section, a public wa#er purveyor shall include: cwes, towts; counties; public frriga#ion disitrids; publfc water districts, public water-sewee disthcts; pubfic utilfty distrirfts; or c.orpQratiorrs ser►ring vver one #housand cannectians as a cfesignat+ed purueynr Li nde r cha pter 70.116 RCVV Pub lic Water Systern Coord[nation Act 13 ~ 1 /21 /2009 I , THANK YOU FOR LISTENING TO OUR REQUEST WE HOPE THAT YOU WILL BE ABLE TO SUPPORT OUR EFFORT QUESTIONS? 14 8/13/08 The Need to Protect Irrigation Water Rights Held by Public Water Purveyors in Spokane County In 2007, the Department of Ecology issued a policy (Policy 2030) which holds that water rights labeled as "irrigation" or partly as "irrigation" are subject to relinquishment when a portion of the water right has not been used within the last five years, even if those water rights are held by municipalities. This position has sign'rficant adverse effects upon future growth in Spokane County since many of the public water purveyors have in the past relied and stilf rely today upon "irrigation" water rights for anticipated future growth. Many public water purveyors for Spokane Co,unty, particularly in the Spokane Valley - area,- were initially set up to serve family farms and orchards with "domestic" and "irrigation" water rights. Over the years, the farms and orchards have largely disappeared and- now the public water purveyors serve suburban/urban areas with . . water that in- many instances was previously used for family homes, farms or orchards, but is now used to water lawns and landscaping and for in-home, school or industrial use. . In the past, the Department of Ecology has readily converted "irrigation" water rights to "domestic" water rights upon request of a public water system without any "stripping" out of unused water rights. Under its new policy, the Department of Ecology will eliminate any "irrigation" rights not proven to have been used within the last five years, even if held by a municipality. In the past, the Department of Ecology, as well as the Department of Health, have accepted the comprehensive plans of the various pubfic water purveyors essentially reserving the unused "irrigationn rights for future growth within the public water purveyors' districts. A 1998 Washington Supreme Court decision, Theodoratus v. Ecology, held that Washington's "use it or lose it" water law was applicable to private developers such as Mr. Theodu-ratus. 4019r. Theodoratus only held a vvater permit - nat a water right - and the Suprerne Court indicatecf its decision wou(d not necessarify apply to municipalities, but the Department of Ecology insisted that the ruling should be appfied to municipalities. The Department of Ecology's interpretation of that decision to be applicable to public water purveyors (municipalities) brought about the enactment of the Municipal Water Law by the legislature in 2003. Recently, a King County Superior Court judge found portions of the Municipal Water Law tv be - unconstitutional and it wilf probably be at least a year or two before the Washington Supreme Court decides whether, in fact, the Municipal Water Law is unconstitutional. The net resu(t of the Department of Ecology's recent determination is that public water purveyors holding "irrigation" water rights must show that those rights have been used Page 1 of 2 8/13/08 within the last five years or, according to the Department of Ecology, they will be subject to relinquishment. This puts a number of public water purveyors at risk of not having sufficient water rights to,provide for future growth and/or in, one case, they would presently be exceeding their water rights. The east side of Washington state has some water needs that are not found in the urbanized west side areas of Washington, including the need for more water for irrigation of lawns, flowers, trees and shrubs, fire flows for firestorms and irrigation for fire buffer zones around houses. Since the Department of Ecology has issued a moratorium on issuing any new water permits from the Spokane Aquifer, its position on "irrigation" water rights puts at risk the ability of some water purveyors to certify the availability of water for future subd ivisions/development. If developers are not permitted to use public water systems, they will most assuredly attempt. to use exempt wells as a source of water for future development. The use of exempt welfs for. suburban or urban development has many inherent problems. The Department of Ecology's approach also has a detrimental effect upon conservation of water. The Municipal Water Law had built-in conservation provisions. There is inherent conflict between the basic Washington water law of "use it or lose it", which the Department of Ecology is requiring on any "irrigation" rights, and conservation. Cpnservation has many benefits and public water districts are best able to implement and educate the public on conservation plans and approaches. Washington state has adopted the Growth Management Act to organize and control growth through planning. The "stripping" of "irrigation" water rights from public water punreyors holding those rights for future growth would be detrimental to efficient planning. The public water systems involved here are not asking for additional water rights, just the right to use what they have historically used for planning purposes. No rnatter which way the Supreme Ccurt decides the issu-v af the constitutFOnality of the Municipal Water Law, the problem will still be present, short of a complete change of policy by the Department of Ecology. Therefore, a legislative fix to this serious problem appears to be needed. Page 2 of 2 4 1O1V1OV RCW 90.14.140 "Sufficient cause" for nonuse defined - Rights exempted. (1) For the purposes of RCW 90.14.130 through 90.14.180, "sufficient cause" shail be defined as the nonuse of all or a portion of the water by the owner of a water right for a period of five or more consecutive years where such nonuse occurs as a result of: , (a) Drought, or other unavailability of water; (b) Active service in the armed forces of the 'United States during military crisis; ~ (c) Nonvoluntary service in the.armed forces of the United States; (d) The operation of legal proceedings; , (e) Federal or state agency leases of or options to purchase lands or water rights which preclude or reduce the use of the right by the owner of the water right; (fl Federal-laws imposing land or water use restrictions either directly or through the voluntary enrollment of a landowner in a federal program implementing those laws, or acreage limitations, or production quotas; (g) Temporarily reduced water need for irrigation use where such reduction is due to varying weather conditions, including but not limited to precipitatiori and temperature, that warranted the reduction in water use, so long as the water user's diversion and delivery facilities are maintained in good operating condition consistent with beneficial use of the full amount of the water right; (h) Temporarily reduced diversions or withdrawals of irrigation water directly resulting from the provisions of a contract or similar agreement in which a supplier of e(ectricity buys back electricity from the water right holder and the electricity is needed for the diversion or withdrawal or for the use of the water diverted or withdrawn for irrigation purposes; (i) Water.conservation measures implemented under the Yakima river basin water enhancement project, so long as the conserved water is reallocated in accordance with the provisions of P.L. 103- 434; (j) Reliance by an irrigation water user on the transitory presence of return flows in lieu of diversion or withdrawat of water from the primary source of supply, if such return flows are measured or reliably estimated using a scientific methodology generally accepted as reliable within the scientific communiiy; or . (k) The reduced use of irrigation water resulting from crop rotation. For purposes of this subsection, crop rotation means the temporary change in the type of crops grown resulting from the exercise of generalfy recognized sound farming practices. Unused water resulting from crop rofation will not be relinquished if the remaining portion of the wafer continues to be beneficia(ly used. (2) Notwithstanding any other provisions of RCW 90.14.130 through 90.14.180, there shall be no relinquishment of any water right: (a) If such right is claimed for power devefopment purposes under chapter 90.16 RCW and . . ♦ ! 10/8/08 annual license fees are paid in accordance with chapter 90.16 RCW; (b) If such right is used for a standby or reserve water supply to be used in time of drought or other low flow period so long as withdrawal or diversion facilities are maintained in good operating condition for the use of such reserve or standby water supply; (c) If such right is claimed for a determined future development to take place either within fifteen years of July 1, 1967, or the most recent beneficial use of the water right, whichever date is later; (d) If such right is claimed for municipal water supply purposes under chapter 90.03 RGW; (e) If such waters are not subject to appropriation under the applicable provisions of RCW ' 90.40.030; L If such right or porkion of the right is leased to another person for use on land other than the land to which the ri9ht is aPpurtenant as lon9 as the lessee makes benefciaf use of the ri9.`it in accordance with this chapter and a transfer or change of the right has been approved by the department in accordance with RCW 90.03.380, 90.03.383, 90.03.390,, or 90.44.100; . (g)-If such a right'or portion of the right is authorized for a purpose that-is satisfied by the use of agricultural industrial process water'as authorized 'under RCW 90.46.150; or (h) If such right is a trust water right under chapter 90.38 or 90.42 RCW. (i) If such riqht for domestic and/or municipal and/or irriqation and/or industrial purposes is claimed on or before Januarv 1, 2009 for future qrowth of a potable water svstem bv a pubfic water purvevor arovidin4 potable water to the Qeneral public within the public water purvevor's desianated service areas, and such riQht was included in a public water purvevor's Department of Health aparoved Comprehensive Water Svstem Plan. For the purposes of this section, a public water purvevor shall include: cities: towns; counties; public irriQation districts; public water districts: public water-sewer districts: public utility districts: or corporations servinQ ovec one thousand connections as a desiQnated purvevor under chapter 70.116RCW Public Water Svstem Coordination Act. (3) In adding provisions to this section by chapter 237, Laws of 2001, the legis(ature does not intend to imply legislative approval or disapproval of any existing administrative policy regarding, or any existing administrative or judicial interpretation of, the provisions of this section not expressly added or revised. . ~i Quartei-ly Repo ~r , i Quarter letter From the Chief Spokane valley nre Department Elas a Busy and Productivr 2008 2008 waa a busy ycar for the Spakanc Valky Firc Ikpartmenl. Our cmergcncy cnlls for xrvice continuc lo incrcax signficantly. Our emergcncy calLs totaled 11,594 which rcpirsent a 1096 incrcax ovcr 2007. Wc dealt with many mvjor emergencie,s in the past ycar. Beginning with xv- cral wceln of snrnv emergencics, then the Wildland Urbtn lnterface Valley View Fim, a(uel tank leak at 6ncon Mobil, and hnishing the ycar wilh rccord lmaldng srtow faU. We don't tanxc thc emergency calli decrrasinq nnytime soon. [n fact, the past 5 years we hstve eYperienecd bctwun a 7 to 10% incrrase each year. Bcsides accomplishing our mission of piwiding emcrgcncy xrviccs, we had a praductive 2008 wilh our per.umnel accomplishing marry of the gaals and objccdves thtt wete idcntified al the beginning of thc year. A few of thc more significunt accomplishmenb were: • Relocated and Duilt n ncw Pirc Slation 9 • Signed a caunty-wide Interlocal AgnxmeM for emergency ambulince xrvioes . Dcvclopcd a Rcgional Communicakion Cache (uwd during thc VaIlcy View ire) . Complcted a citixen survcy • Improvementa in firef"ighter sAfery with new self conwined Imathing appamtua And tvildlland firc shelters • implcmented a new emplnyte wellnen pi+ogtam • Tlcct Operationa contracled thar xrvices with oubide agencits genera6ng new mv~enucs We have bcen suaccssl'ul in moeting our mission and accomplishing , departmcnt goals becaux of the many dedicaled and }urd workin,g employaa of thc Spokane YaIley F5n Departmenl. Theq an trutq committed fo serning ~e 2 their cantmunity. la.Npw- a ?"W~ 4 Honor Guard and Pipe & Drum Corps 6 5pokane Vallay flre Departmanl Hona Guard ood Plpe 3 Dnlm Corps wos buty oll yam periormMp at mony A~+neneuea~ 9 evens Indudlrq the 911 Wreotfi Praanlallan ct tNt reor'i" ' I tprt ? IrMerslofe Folt. They wlll CanikMle ptodldng t0 pafacf their . » performancM ta tNure everMti , IIA.rrM*•~rtla T dlll QlHord, Honor Ouerd tommander ~ ~ ■ Quarterly , ~ s EMS Division CERT The Spakene Valley Fim Department has budgeted for the purchese of Mother Naturc has doKt tt to us agatK. rYnat was etutte the Aucwjber. most o f us fdt that the sNOw six new Medtrcmic/Physiocontrol LQ'Q'AK 15 heart monibrs. The wasjust aKuLsaKe awd ►,ot a disaster. ~ monirors will be used by Spokane velley Fire Depsrtment paremvdks ' - to analyxe cardiac rhytMns. This informatian will then be used to treat . t,;,d ilou lerzw that supplies tw the storts were thtw? PAF the peticnt appmpriatrly. The new monihm have the ability to takc .t,vMQt would have hupptKtd i f we hud Avwther ►uajor s►+owstnr►w. agaiwat the {i.rst oY+t7 blood pressure madings auromatically, mcmitor oxygen seturadcm of the , i fIlnu cauld nok get tn ttnt stort or whtw tht shdvts wtre t►xptied, would you have hud tnough bkxxj and measure re.spiretory carbon dioxicle, which will tcA the svppUes Lw dour horut tn survEvt u►ati! uniWs enught up wLth the situAtiow? paremedic iF the pabent ia brnething adequately. The monitors wiil also ~ D;,d you havr, eKough nAcd(catiow tn tast t{ the situatiow rxtewdtd for A long ptriod o f hmt? be able la measure carbon monoxide levels in the blond, which currently ~Those Qrt conctirm Qbout ou and r fa , but what about oar ~ anc( U.vestxl¢t we do not havc the ab~7ity M ol~ain in the pre-hc~spital environnxmt. ~ aae ~ Cerbcm monoxidc (CO) poisaning is a rnndition ttwt olMn times is ~ would aou havt buw ublt to rtiaah outsfde dour hnwt and htlp jour ►uighborhood? averlooked as the cause of someone's nau.see, dirliness, flu-1i7ce ~ would dou have becow part o f the proW,t►u by ►tiot Ixing PrcparedP symptoms, fetigue and hcedache. The monitora can aLso generete an electrical impulse iF the patienYs heart is beating ton stowly or not ThCSt art all qutstions thAt should hC asi¢Ed, and art dtscusud duviwg thc beating at nll. The new i.IFFT'AK 15 hearl monitors will be e great cnm►xuvita 6nttr9ewed wspoK,st Tu+►K trauti(wg• ifUou are E,tittrtsted iw addition to impraving pre-hospital care for our peticnts. The LtArK%" wwre Abeut btLhg p►xpaved AKd assistLng iw Uacr ao►uwuKitd, pLense DepBrtIppflt 8i1tICjpaMS l}1Q It10Nf0f'i b b!.' I115t'rVICe BfMt NIC r1ISt OE CI1C cAll our Adw4vtiLStrGtiow o ffLL At 92R-i~`00, Wt W[U hAVt A cluii StartLwc, this year. CBRT, A'ogrpnti DLrtetar Battalirtn C]~ief nf E11S-RandY OLaon gruu FMiu,,tr Tralning Division 4th Quarter Retlrements & Promotions In Octaher, Spokarna Yalley Hreflghters were busy firisNng the mmual schedule af Nardrdaus MatmHals traning wNch included weWons of mass destructian training. Crews attended dasses conducted 6y BettaGan Chiefs ta shdr fire streteoes and tectia during a simulated flre at a large budness in the Spokene Velley. Durinp the manth of Navenber, ell firefigMing crews attmded vehicle ezlricalinn dams.lhv 1_71 students were updetad on the lated techniques and tads awalabls Io asdal in rmnming pat Lariyt Tam Foster ~ nts who are trappsd in autamcble cnldnns. ihn dasses also pxered new reNcle . ' ~ JU~, cnrnQnnents thet can he challartging end dangermu to reacuers. Hatwdoue Materia{s tesling ,or~~t r N3 ; c~ducted ~ the lraim~ Divi~on m eral~te crew rcadiness. Wl~er drivinglpnmp Retirtd-October 31, 2008 ~ Retirecf~Nuvember 1, 20Q9 ii irLratians rras alsn e subject af dudy in preparaNan far had weather. ~ I ihe ertph"s for Qember trairinq was meke-up tr~eining, ice rescue inadeirrts, initial fire ettadc and fihness [very ma~lh each crew is assigned end shAes a sdetyi tooc. ihe topic ~ a~ (or Oecem6ar was the line of Duty Death MDU1 repnrt far the year 21II7, The US Fire ~ • , . ~ , • ~ ~ : Admfdstretion pub4shes Ihis repmt emnally.118 firefigMers acrnss the na#ion died in 2107. 11iis report lueaka down In detell the ceuses af thm LODOs ~ BattWim Chld a( Trraidng-Wayne Howertnn ■ ~ ~ Quarterly R , ~ uarter 4th Quarter Investigations Prevention Stat' ~stics~-d$h Q Imeaaatlons-4'h Quarter 18 - 4 Quarter InvesUgstions with an esOmated $420,000 in property damepa. 3- IntentlonaUCriminel tires cauaMg an estlmated S25,000 In property damege. Two (2) cesee wero 47 pLqra 4 NNARD CQUKAINTS clered by artest 27 5t1PPEtESSlflFI SYSTEbtfi 400 9USINESSES 12 - Accldental firos, aix (B) o( which were ceueed by Heaang Appllancee. 9 AL/,RM SyS"S 0 AL• CA1LF0 SPWKLER HF.kQS 1- UndEtermined fne. 10 BliliDiNG fqAN REVIEWS 12 nRE'NATCN 1 C,HANG[ OF U5E 7 FIAE 1U/lP.Y ACLEPTANGF Imreatiaedons - 2008 0 FifiEWqRKS 10 9UIl0INGACCEPTANCE 402 - Spokane Vailey Fre Depertmanl fire agws responded to 402 fire related incidenis in 2008. 13 TCFIANT IMPitOVEMEFtf 5 HOOD ,''YSTEIU ACCEPTANCE 146 finestiQaled by Ibe Imesilpatas wfth an eatimated $4.5 milllon in btal property damege. 1 ~~~pRpay yTptaCit)RF 12 SUPFRL•SStON ACCEf'TANC~ 79 - IntentionaUCriminal flres causing an esdmated $1.38 miUion in property damage; resulflng in the anesl o( 25 individuala with a dearence refe oi 3896. VMA..PIRPIA"S 1O'rAL M*,PRC1'I0W$ 59 - Acddental fires. The bading cause of ecadenlsl fires was due 1o Heatbp Appliences followed 133 850 cbsefy by Elearical Applianflea and Smoking Materials. 8 - Undelermined firee. FIRE LME - 00 NOT CROSS FIRE LINE - DO NOT CROSS The Spokane Vapey Fm Department Preventfon Bumau reporUed en eraon rata of 80 ersons per 100,000 population in 2008, over two (2) Gmes the 2007 natiortal everage of 24.7 eroone per 100,000 YIEAR O DATE ,ONSE TOTALS populaiion as repated by the F81. Prerrention Bureau date aleo indiceles a reported dearence rate oi nearly 3896, avar two (2) dmea the 2007 naHortel evernge oi 19.796 es reported by the FBI. • . , MMM'q:; VALLLrY O Figtae 1 b910w prOVieles 1tlvesdpsBUve 1iro msp0n6e dete irom 2000 through 2008, whiCh If1dIC8Ees a steedy upweb tn~end of erson-related aime withln tlhe Jurisdiction. Whila there were 63 fewer 1he :,ff w, im rm vro r~-rD responsF!ss in 2008 than in ?000, ?008 total fires have inaeased nearfy 30% since 2004. 0 ' f nvestigated versus Tota) Fires a ao SOU 4M ~ 1140111~5 3 :3 lo;. <1!1 ,'~l'' 7.77 y 350 71. 390 p 250 0 -jl2.M = 200 - - . •33.33 !5p - 404 .Y 100 0 i 0 so Il ■ 45 - ' _ r _ . . , . ~ , . • . , D 2000 2001 2002 2003 1004 2005 2006 2007 2006 . i O 6 sTotaIFfm 465 414 373 427 310 320 341 354 401 009 197 348 0 0 FkM Immtigated 102 106 110 128 116 126 111 111 146 st Arsom SS 41 36 59 40 Sl 58 61 74 ■ Wses Cleored 15 13 9 16 lI 12 29 14 30 , ~"NO 3 Cfifton Mehattoy, Deputy Flre Marshal J 1 Prev ntion Bureau Fire Safety e Ffre Sefety ond Godles Kawasaki Mult i6ii ase af spekAame tanJlai con edd dm6itate ta a`nliduy, Pnride'rarola' u a home on16a a uurca d IIg11 tlaring'arer oalolps, f a Iheie Spokane Valley Frc Oeportmerrt hns rueived their third Kawataki AN Fin so' fi Hme end dhm rnsant, a pml wniber o( aesomers m hnreinp coei6es. ihe Spkas Yallry Fin Dryadnnl ronld Ilke h remled nns~n tlat the Muk f rom Roundys Kawasaki. Tht Muk ls donoful thrau9h a Lonn Ora 740 Ihlyd grnde slndnls (rNn Improper ne ef nndles cen resdl In catnsiropha To erold the latan o( fln whle borain9 mdn, Osass hllor l1e sdety tips Ilslnd lelor. progrmn from KmYasaki. It will bs uaed for rough termin rescue. smail lanrtan Idwds m ihe Maller wen • Moraleare IrtelN(ndesusettendd brush f ires thot am hord to rench nnd evenis at the InterYtote Fafr to eNe ia shtare ike (1.111.1.11) Aie • Keq dl comintlblit mderlds troy IrM opm Ilamn SePeh intGrr IM+ htl ond lacn the • Do nl lern roadles nem stndan ar dwnoyti ~ list a ftw. . Am@ (oNdla (n Oass ot (ertmit ntldam I~hnn ~1 Ilrc sdaly M ihe hnne . placs mdin ns Iltl, stn~r notn~nlydMe cadne JllliOf' FIK M01'S~l 11~ ~hlidn~ Na1i1 a mwle a~aui fm - sdtir SW Ihea valk IAnvqh *2 0 Nerer leen nean larnts, rMn r61dral K pIs em precanl tl Spokane Valley Fire DeportmerrF risited the 2"d grade children at nll trolitr ►a ldentdy fin hmmas In Ikr ~ ~~~e Cleonin M~theds fim place, A Eleme~ary achools with o safety n►essoge. 11~e Juroor Fre Mmrshal YMthen, Ihinp reom rMh ~ lmd 4edrurn tni Madin a rnal fin progrotn tergets the second grnde classes fr'om 28 lchools to inform ba1 rllb anoke. Every yeor ve rlrq aI1 Wba 1'N dm yaur Ikeoxe, Ihm mv hr Ihlqs h kee' Is mbet approxirtately 1600 chikh-tn about havitg and pratticing fire exit drills in IreidY•eithl scMek o Yx sboaN dtior One Ihnrbl8rrylae esln u e wory aNd nnioina, mohtn tw nbn anl mer iM mMma dll a meld the hane and naking sure they Mve workirg smoke drtectors. The Ila, second grode classes arc given infortnation and en assignn+ertt to compkte • MEYEI USF A 11PE1 pIG, n cndilmnd ler aa pIKlic lresi hot In the dwnlp pncess. Neru rw a vaneu doaa b plck rp niot with their reMs. When the hamtworic is com leftd the thildren reaive „ - Ashes sbadd w k~f M a notd nAlnfner eahfde, rrry fna the brse Is rom.l'wr py~, Mo~, M IMk► n Jqmn In~s po P hr osws U nel. k(tn KMs Mn n~ld b a mtloi roehher, tl h Nmssery N fld v tofleMs Ilspsd clle. Narar kmp flr~lon a 7unlor Fb^t Mar'shal badgt, htlmet and get to see a firt engirr and ask gsh#i nti dwr bore IaJ al leed feor loys b rooL Erta Ifhr larr dars, KNI tro slNli (e Itm b ulNthq a iq slb. wwdd qucatlant to fircfighters. nen ilinll drrys be oralld. Fin Hydrants and Roads Smoke Abnns Spokant Valky Firt Depor'tment would Ilke to remind the publit ubout the impor'taiue Orar niaely pmeat d aA lenes a 16 lhNd Sttles Im d Ioesl ont teah drei. iM Iad Mn h M oee thhd ol of laeeping fire hydrants visibk in frortt af their homes and businrsses. Everyone can Ihas m ntl rerklq, Melu nn yonr smaks dmns nopnllel nnMly Iry In" Ihn meWo nd noodal assist by mnkieg stm the hydronts are visible by removing snow tl►ut gets piled up araxd the hydraMS. tlidr ldhrln. A mrkinp+weke alarai mi aled ynv d IM danN► enl moks IM dlttanu letma ENe a11hlY. Fircfl ghters nad q uldc acoet~ to a water supply from hydronts to fi9ht flres. After all, it may be yaur - property that needs waftr far fh'e suppression. P{eau help firtfightcrs do their Job effectirely when every F'ae Esa'e Nn ' second courtts. Mon Iln oae tfiomnil hose Hni strl In The Unhed SodK mry dnc Iltfehmttly, IAISI ImMM 1f1 IIII'fe'If II. Mske 5011 yeR IMIr loti e Tham are nlso irony chal{enges associated with driving {arge fire tnxks thraugh restntted streets during pn niep om, end that yN proAlte whn b N In a merpKry. Mw tie wrs aut d iwry nein, nil Msipule o mnNy Ouo frtsidi. heuvy staw eonditions. Help malrtMin tlow rautes for emergency vrhicles ta gain occess on all streets. Pleate do not o6ttnxt yw roadway whtn parking d' pllinq sraw an the strcets. pW y,,, r,mn,dw h Npppn~ yw, 1enm6er.,et oof oed ltor out. Bill Clifford, PIO/Deputy Fir'e Mnrshal dOh (6aq* Ywr 8rttrda" la pior - ssom4s lemtm? ,•~N Crr►rnl1QA r11b OaaMrr 1f yAvr tmike i "A11 Mlt A fhidw d` f~I QV!!f 1700 CII~' !ON VIoTO i1111l11Cftd If1 th! Il/0 Of RJQ fM ballery pIease f/asUttgutahert, rrork pltce dra rafatp, apuimenl menager'a ~ ~ hAar Ike m~mNactuias N:'~1 ✓ f+ fire s~fety, aad Qte inspectiotu. ~ WC ~vC Q t A naa~n~deNan. ll~~t ~1 / ~ ~,s,•(', r f ~ Mmnl~i iure e Nm i ~'i'~11,~ • 7behte dtls~t received noudi for qiair fife, fuo and 1 1 C W ~ 0 0~ 1 }~at 1dt a ~ r flf~ ed slroeld p~ p~y ~i t► g e S a rh. 6e ~ lti1M 1'iiiinr<I. ~'ll)/ii~pulr i iri• .I~prul~~) hp! E! Page 1 of 1 Chris Bainbridge From: Richard Munson Sent: Tuesday, February 03, 2009 2:08 PM To: Bill Gothmann; Branch, Carolbelle; Cary Driskell; Chris Bainbridge; Dave Mercier; Dempsey, Rose; Diana Wilhite; Dick Denenny; Gary Schimmels; Mike Connelly; Mike Jackson; Passmore Sue; Richard Munson; Steve Taylor Subject: Carolbelle Thank you Carolbelle. These comments are well deserved!! RICH Richard M. Munson Mayor Spokane Valley (509)688-0034 From: Karen C Sent: Tuesday, February 03, 2009 12:10 PM To: Richard Munson - Subject: This letter is to send accolades to Carolbelle Branch. She and I had an e:mail banter that was very informative followed up by a very lengthy phone conversation. She answered a lot of my questions stemming from a phone survey that I was not to happy about. Why are we doing a phone survey from out of state what is the cost and do you really glean anything from it. She answered all my questions (not that I am happy about spending the money on a survey like that, better ways to spend it and better ways to find out what the community thinks). Talking to the community members face to face is a better way to find out what they think. Just like the best form of advertising is word of mouth. Just my personal view. It was nice to know that you can get a hold of "city hall". I have dealt with your business engineers and code enforcement members and each and everyone went the "extra mile" to help with my questions and concerns. Carolbelle is just another example of the professionalism and a willingness to talk to the public. She deserves a pat on the back and "a raise"?? Thank you for taking the time to read this. Karen Cochran Windows LiveT'": E-mail. Chat. Share. Get more ways to connect. See how it works. 2/3/2009 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM T1TLE: Alley conversion to one way GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Ordinance 08-010 Vacation and realignment of the east segment of the alley BACKGROUND: Rite Aid is proposing to build a new store on the SW comer of Sprague Avenue and Pines Road. As part of the site design Rite Aid would realign the east segment of the alley further south. The alley will be used for site circulation. Because of the median on Sprague Avenue, westbound traffic exiting the site will utilize the alley to get back to the intersection of Sprague/Robie, where left tums onto Sprague Avenue are allowed. Just east of Robie Road, there are buildings on both sides which make the alley too narrow for opposing traffic to pass side-by-side. The distance between the two buildings is 16.5 feet, but utility poles in the alley further restrict the width of the travel way to 12.5 feet. In addition, the proximity of the buildings to Robie Road severely restricts the sight distance for both vehicles. exiting and entering the alle~, • ':=r' . Photo 1: Narrow alley lool:ing east from Robie Rd. The City conducted traffic counts on the alley in July 2008. It was found to carry over 500 vehicles per day, which exceeds the volumes on many of the City's local streets, and even some collectors. The additional traffic from Rite Aid is expected to afmost double the traffic and bring the daily volumes closer to 1,000 vehicles per day. Table 1 summarizes the volumes Table 1. Alley traffic volumes ~ I PM peak Hour ~ Daily ~ EB I WB ~ Total Existing ~ 544 ~ 21 ~ 25 N 46 New Trips ~ 470 N 15 ~ 32 ~ 47 Total ~ 1,024 N 36 I 57 ~ 93 New trips are based on the Rite Aid Pharmacy Access Study Dated, December 70, 2008. City staff had concerns with adding this much traffic to the alley due to the narrow width and restricted sight distance at the west end. The applicant has proposed the solution of converting the westem segment of the alley (from Rite Aid to Robie Road) to a one-way alley allowing eastbound traffic only. The realigned section of the alley would be widened to be at least 29 feet. Two-way operations would continue on this section of the alley. The City has adopted the Washington Model Traffic Ordinance which states the following in WAC 308-330-270 Local Authority - Authority: After an engineering and traffic investigation by the traffic engineer, the local authority may be resolution: (S) Determine and declare one-way highways pursuant to RCW 46.61.135; The traffic engineer conducted the engineering and traffic investigation as required by the ordinance and agrees the applicant's proposal will be safer than 2-way operation. Limiting the direction of travel will impact other businesses that front on or have rear access to the alley. , Restricting travel to eastbound only would be a better solution for the sight distance concerns at Robie, but would not work as well for traffic circulation in general because there would be no direct route to get back to westbound Sprague Avenue from Rite Aid. However, if traffic movements are restricted to one-way westbound operations then eastbound traffic will have to circle the block and access the alley via Pines Road. This would add traffic to the signalized intersection at Sprague Avenue and Pines Road, which is already close to capacity. With the westbound option it may be beneficial for Rite Aid to grant an access easement so that adjacent businesses can utilize the Rite Aid driveway rather than circling the block and adding traffic to the signalized intersection. Before making a recommendation on whether the alley should be eastbound or westbound, we want to get comments from the other affected property ovmers. We will notify all property owners along the alley of the proposal and request their comments. Depending on the responses, a neighborhood meeting with the impacted property owners may be scheduled prior to the Council discussion. This proposal will also require final coordination with WSDOT since Pines Road is a state highway. The applicant has completed a draft of the traffic study, and while we do not anticipate any traffic concurrency issues, we are still in the review process. Therefore, it is recommended that the next Council discussion on this topic be delayed until such time that concurrency has been certified. RECOMMENDED ACTION OR MOTION: None. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: 1. Letter from Ruen-Yeager & Associates 2. Site plan. R UEN- YEA GER & A S,S D CIA TES, I1V C. ~RvFV-Yr_4cc.x d A.~rcx 1:A'G1,V E E R S ♦ 1'L:1 N.h'ERS ♦ SIIR i'F. t"nR,C ~ January 23, 2009 Spokane Valley City Council City of Spokane Valley 11707 E. Sprague Avenue Spokane Valley, WA. 99206 Re: Rite Aid (12222 E. Sprague Avenue, 08002407), Proposed One-Way Alley Conversion Honorable Members of the Spokane Valley Council: As you may be aware, a 17,340 square-foot Rite Aid is proposed on 1.28 acres located in the southwest quadrant of the Sprague Avenue/Pines Road intersecrion. This proposal woulcl demolish and replace about 12,000 s.f. of deteriorating specialty retail space and 4,533 s.f. ot' medical office. The existing alley adjacent to and south of the site will be relocate(l approximately 25 feet further south to accommodate the Rite Aid building. Currently the alley is not wide enough for two-way travel under City standards and would be reconstructed to meet two lane alley standards. In addition, an easement/approach will be aligned on the west side of the site between Rite Aid and 151 Avenue. This would provide enhanced access to businesses in the area and diminish turning impacts at the Sprague Avenue/Pines Road intersection. The opposite terminus of tlle alley is 350 feet west of the Rite Aid site at Robie Road. This alley section is aligned between two brick buildings, which are also occupied businesses. The space between the buildings and paved width of the alley is 17 feet. However, the location of two utility poles narrows the alley width down to a 12 foot travel lane. This is well below current City standards for a two-way alley, and is more comparable ta a single, directional travel lane on a City collector road. In addition to this width issue, the north brick building is offset by about 5 feet west of the other building. This offset alignment compromises sight distance for drivers especially looking north, wishing to turn left onto Robie Road. Vehicles literally have to pull onto Robie Road prior to securing necessary/safe site distance and performing the left tum. The City traffic department performed a count this summer between the two brick buildings, and counts indicate that the deficient alley section supports 600 vehicles a day. The width and site distance deficiencies combined with high use have flagged this alley section as a safety hazard for the City. The addition/construction of Rite Aid will moderately increase traffic use of the alley, further exasperating this preeaisting safet), issue. Spokane Valley staff indicates that this project should help address this safety issue. As a result, it appears the remediation of the alley deficiencies will be required as traffic mitigation under SEPA. Several viable alternatives have been offered to City staff to correct this safety issue. 3201 North Huetter Road, Suite 102, Coeur d'Alene, Idaho 83814, Phone: (208) 292-0820 Fax: (208) 292-0821 219 Pine Street, Sandpoint, Idaho 83864, Phone: (208) 2654629 Fax: (208) 263-0404 City of Spokane Valley January 23, 2009 Page 2 Staff has indicated the highest level of support for an alternative that would convert the alley to eastbound directional travel only; thus alleviating both width and sight-distance issues. The widening of the alley at Pines Road and provision of the cross-easement to 1" Avenue would more than compensate for the minor reduction of access to Robie Road. Thus, it could be ' concluded that access to businesses in this area would be enhanced despite the alley conversion. We understand from staff that only City Council has the authority approve the conversation of this alley from two to one-way travel, similar. As such, with great respect we ask that you support our request to convert the western end of the al ley between Sprague Avenue and 1 S` Avenue from two-way to eastbound travel only. Please note that Ruen-Yeager & Associates, Inc. has already performed an "access traffic study" that shows/indicates the alley conversion would have a minimal impact to the operation of City streets. In addition, we are currently working on a traffic impact analysis that would further document and review operational and design aspects of the alley proposal. This study should be complete and submitted to staff by early February. Primarily because of discussions regarding the alley, as well as coordination on other site details, the schedule for this project has been significantly impacted. We do not want to lose the Rite Aid tenant. As such, we respectfully request that you review this alley proposal at your earliest convenience. We would be happy to further describe the alley proposa) to you in any forum you see fit; so long as we could please be mindful of tight schedules. T'hank you for your consideration. Please let me know if you have any questions. Sinccrely, RUEN-YEAGER & ASSOCIATFS, INC. VVilliam (Bill) David White Transportation Planning Lead Cc: Tom Hamilton Grant Pearson Gary Bernardo John Hohman Kathy McClung Inga Note _ - 1 - i ._N_. 1 ; . . ' t ~ '7^'^'UVf c a1~ ~ . . . f ~1 . . . . . . ~ ~ t - ~ s : . ' ' . ' -+-C ' . . . ~ ~ ' • , T . y • , t{ " ; ~ j ! 3i~r~„~,s. CRY ft'PMMyID OArft1lY,1T+. ~ ~ ; ~ • ~ ~ , . u~'~} t e r t x r•~' ~ i r I Noim pF liwra. ~72~ ~ E ~ • ~ ~ . _ ~ t ~ . w~ 46 M.Aa oWAWAY~, ~ , y~M.. ~ ~ - 'l ~~B ; - - ~ ~ ~ : ~..y...,.,,...~ , ~ . _ . . . ~ , : i r , . STUFLE -crw":Aterio ec vx= ~ ~ LEtr , ~ ~ • - ~`"1 11dWIr310iUY0~ - _ _ _ - - i1~: ~ii , e7-c . ` T 4 4 ~ • i . • I ~j;., 5%~!~ '/,~,if _ . ~ ` r. ! L. 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FlcX1RE NO. 2 OF: 7 aAt~DPa+T io~ra e3eu (2ne)aaa-~ RYA POB1054 , ~ ~ ~ CITY C)F SPOKANE VALL'EY Fiequest for Cvuncil ►Actton Meeting Date: February 10, 2009 City Manager Sign-off: Item: Check aII that apply:❑ consent ❑ ald business ❑new business ❑ publ~c hearirtg ❑ informativn ❑adrnin. repor# ❑ pending legislation 0 Executive 5essian AGENDA ITEiUI TITLE; EXECUT11lE 5E5SlDN: Pending Litigation GOVERhlING LEGISLATiON: PRE1fIDU5 COUNClL AC`r'iON TAKEN: BACKGROIJND: OPTIONS: REC+DMMENDEa AGTiON OR IVIDTION: I morre we adjourn infa Executive Sessivn for approximately minu#es to discuss Pending Litigatiorr, and that no action is ant`scipa~ed thereafter. BUDGETJFI NANCIA►L IIVI PAC-TS: aTAFF CONTACT: ►4TTACHMENTS: