2009, 11-17 Regular Meeting AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL MEETING FORMAT
Tuesday, November 17, 2009 6:00 p.m.
Spokane Valley City Hall Council Chambers
11707 E Sprague Avenue
Counci! Requests Please Silence Your Cell Phones During Council Meeting
CALL TO ORDER:
INVOCATION: Pastor David Thorin
PLEDGE OF ALLEGIANCE:
ROLL CALL:
APPROVAL OF AGENDA:
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
COMMITT�E, BOARD, LIAISON SUMMARY REPORTS:
MAYOR'S REPORT: Proclan:ation: Hunger and Homelessness Awareness Week
PUBLIC COMMENTS: This is an opportunity 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 minutes.
1. CON5ENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a. Approval ofthe following claim vouchers:
VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT
10-26-2009 Be innin # 18733, endin # 18776 $1,716,657.15
]0-28-2009 Be innin # 18777,endin # 18798 $125,596.37
10-30-2009 Be innin # 18799, endin #1029090016 $1,315,201.79
11-06-2009 Be innin # 18820, endin # 1104090021 $821,152.15
1I-06-2009 # 18874 $9,511.25
GRAND TOTAL $3,988,118.71
b. Approval of Payroll for pay period ending October 30, 2009: $339,861.82
c. Approval of Council Meeting Minutes of October 20, 2009
d. Approval of Council Meeting Minutes of October 27, 2009
NEW BUSINESS
2. Second Reading Proposed Ordinance 09-031 Residential Lighting — Christina Janssen
[public comment]
3. Second Reading Proposed Ordinance 09-032, CTA OS-09, Affordable Housing — Mike Basinger
(public comment�
Council Agenda I1-17-09 Page 1 of2
4. First Reading Proposed Ordinance 09-033 Adopting Street Standards — John Hohman
[public comment]
5. First Reading Proposed Ordinance 09-034 Adopting Cable Franchise — Morgan Koudelka
[public commentJ
6. First Reading Proposed Ordinance 09-035 Amending 09-025, Substantial Need — Mike Jackson
[public camment]
7. Motion Consideration: Court Services Alternative Analysis — Morgan Koudelka
[public comment]
PUBLIC COMMENTS: This is an opportunity 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 minutes.
ADMINISTRATIVE REPORTS
8. Broadcasting Council Meetings — Greg Bingaman
9. Association of Washington Cities' Wellness Program — John Whitehead
10. Fall Batch Code Amendments—Tavis Schmidt
INFORMATION ONLY: (will not be reported or discussed)
1 1. Poe Contract
12. AAA Street Sweeping Contract Renewal
73. Spokane County Housing and Community Development HUD Grant
14. Options for Web Content Management
EXECUTIVE SESSION N/A
ADJOURNMENT
Genera/Meetinp Schedule (meetrng schedule is always sa�bject to change)
Re2ular Council meetines are �enerallv held everv Tuesdav beeinnina at 6:00 p.m.
The Formal meetine formats are enerally held the 2 and 4`" Tuesdavs. Formal meeting have time
allocated for general public comments as well as comments afrer each action item.
The Study Session formats (the less formal meetine) are e�v held the l�`, 3` and sometimes 5
Tuesdavs. Study Session formats DO NOT have time allocated for general public comments; but if action
items are included, comments are permitted after those specific action items.
NOTICE: Individuals planning [o attend [he meeting who require special assistance to accommodate physical, hearing, or other
impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so [hat arrangements may be made.
Council Agenda 1 I-17-09 Page 2 of 2
S`po�ane
��'6�alley�
��OLY�11�atiDYt
NationaC�fungerand�fomeCessnessAwareness `iNeek
City of Spokane �aCCey, �GUasFiington
WHEREAS, For the past several years the Nntional Coalition for the Homeless and Nntional
Student Campaign against Hunger and Homelessness have spansored National
Hunger and Homelessness Awareness Week; and
WHEREAS, It is important to educate the public about the various reasons people are
herngry and homeless in Spokane Valley and to encourage support for homeless
assistance service providers as well a.s community service opportunities for
students and school service organizations; and
WHEREAS, There are many local organizations committed to sheltering and providing
supportive services as well as meals and food sz�pplies to the homeless in
Spokane �alley; and
WHEREAS, The Ciry of Spokane i�alley recogniaes that hunger and homelessness continues
to be a serioz�s problem for many individuals and families in Spoknne Vnlley.
NOW, THEREFORE, 1, Richard Munson, Mayor of the Ciry of Spokane Valley, on behnlf of
the Spokane Valley City Council and the citizens of the Ciry of Spokane Valley, do hereby
proclnim November 16 through November 20, 2009, as
National Hunger and Homelessness Awareness Week
and 1 urge citizens to recognize the fact that many people do not have housing and are in need
of support from our citizens and private and public non profit service entities.
Dated this 17th day ofNovember, 2009.
.` �4 17}�y .
�,
`� ;.
_� �{
I � ichard Munson /
.� .
Mayor
4 ;`
� �
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 11-17-09 City Manager Sign-off:
Item: Check all that apply: � consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of the Following Vouchers:
VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT
10-26-2009 Beginnin # 18733,endin # 18776 $1,716,657.15
10-28-2009 Be innin # 18777, endin # 18798 $125,596.37
10-30-2009 Be innin # 18799, endin #1029090016 $1,315,201.79
ll-06-2009 Be innin # 18820, endin # 1104090021 $821,152.15
11-06-2009 # 18874 $9,511.25
GRAND TOTAL $3,988,118J1
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers as listed above.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Ken Thompson, Finance Director
ATTACHMENTS Voucher Lists
vchlist
10/26/2009 10:45:12AM
Bank code : apbank
Voucher Date Vendor
18733 10/26/2009 000648 ABADAN
18734 10/26/2009 000335 ALTON'S TIRE INC.
18735 10/26/2009 001167 ALZHEIMERS ASSOC
18736 10/26/2009 000720 AMSAN CUSTODIAL SUPPLY INC
18737
18738
18739
18740
18741
18742
18743
10/26/2009 001012 ASSOC BUSINESS SYSTEMS
10/26/2009 000277 AWC
10/26/2009 002178 BAKER, BILLIE JO
Voucher List
Spokane Valley
Invoice
138409
8080001003
8080001628
8080001722
8080001732
REFUND
209565654
209750017
348788
SP1119
09/11/09
REFUND
REFUND#2
10/26/2009 001938 BERGER/ABAM ENGINEERS INC 15941
10/26/2009 000796 BUDINGER & ASSOC INC M09216-2
10/26/2009 000671 BUILDING PERMITS LAW BULLETIN 15344433
10/26/2009 000912 DEX MEDIA WEST October 2009
PO #
42451
42316
Description/Account
BOUND COPIES— DISCOVERY PLA'
Total :
OIL CHANGE: 35518D
OIL CHANGE: 35517D
OIL CHANGE: 38910D
OIL CHANGE: 40203D
Total :
DEPOSIT REFUND
Total :
DUST MASKSW
CREDIT ON ACCOUNT
Total :
COPIER COSTS: CD
RICOH MP W5100
Total :
ANNUAL MEMBERSHIP FEE: JOHN
Total :
DEPOSIT REFUND
REFUND DEPOSIT
Total :
PROVESSIONAL SVCS: PLANNING
Total :
09-023: BROADWAY REHAB PH 2
Total :
SUBSCRIPTION FOR BUILDING OFI
Total :
ADVERTISING: SENIOR CENTER
Page:
1
Amount
52.97
52.97
34.10
3127
103.21
399.89
568.47
116.00
116.00
18.21
-6.50
71.71
212.01
17.381.13
17,593.74
42.75
42.75
210.00
52.00
262.00
9,313.25
9,313.25
3,414.50
3,414.50
98.78
98.78
75.51
Page: 1
vchlist Voucher List Page: 2
10/26/2009 10:45:12AM Spokane Valley
Bank code : apbank
Voucher Date Vendor
18743 10/26/2009 000912 000912 DEX MEDIA WEST
18744 10/26/2009 001846 ECOPLAN-DESIGN
18745
18746
18747
18748
18749
18750
18751
18752
10/26/2009 002134 FIRST AMERICAN TITLE
10/26/2009 000321 GREATER SPOKANE INC
10/26/2009 001940 GROUP MOBILE INTL
10/26/2009 001723 HEDEEN & CADITZ, PLLC
10/26/2009 002180 HEINEN, NANCY
10/26/2009 001728 HP FINANCIAL SERVICES CO
10/26/2009 000137 HUPPIN'S HI-FI, PHOTO & VIDEO
10/26/2009 000313 INLAND ASPHALT COMPANY INC.
Invoice
(Continued)
182
861 �25923282
861-425923285
861-425923287
861-425923293
861-d25923298
861-425923363
861-425923381
861�25923396
861�25923458
861-425923486
69704
11093
6276
REFUND
sooz�s�2a
600218258
10179476
PAY APP #2
PO #
42177
42464
42464
42464
42464
42461
42464
42464
42464
42464
42464
42477
42475
42399
Description/Account
ToWI:
LANDSCAPE ARCHITECTURAL SEF
Total :
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
Total :
MONTHLY LEADERSHIP MEETING
Total :
LAPTOPS FOR SNOW PLOWS
ToWI:
Amount
75.51
3,934.40
3,934.40
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
2,717.50
100.00
100.00
18,200.00
18.200.00
. . _-' ---'-' -"- - - -- "-'--
Total : 412.50
REFUND DEPOSIT 52.00
Total : 52.00
OCT 09 LEASE PAYMENT 1,658.22
OCT 09 LEASE PMT 783.33
Total : 2,447.55
EQUIP FOR SVPD (JAG GRAN� 354.61
Total : 354.67
0110 SPRAGUE REHAB 1- CONSTF 1,491,114.93
Page: 2
vchlist Voucher List Page: 3
70/26/2009 10:45:12AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
18752 10/26/2009 000313 000313 INLAND ASPHALT COMPANY INC. (Continued) Total : 7,497,174.93
18753 10/26/2009 001016 ITE 32572 2009 ITE RENEWAL: INGA NOTE 287.00
Total: 287.00
Total : 270,373.66
18755 10/26/2009 001886 LLOYD'S AUTOMOTIVE A41630 MAINT SERVICE: 32809D 121.99
Total : 121.99
18756 10/26/2009 000069 MERCIER, DAVID Expenses TRAVEL REIMBURSEMENT: WCIA E 290.40
� Total : 290.40
18757 10/26/2009 000652 OFFICE DEPOT INC. 491298839001 OFFICE SUPPLIES: FINANCE 20.59
ToWI: 20.59
18758 10/26/2009 000512 OFFICETEAM � 30054159 STAFFING SVCS: LASERFICHE 627.55
30054161 STAFFING SVCS: LASERFICHE 603.10
Total : 1,230.65
18759 10/26/2009 001860 PLATT 92509 OPERATING SUPPLIES: CP 283.75
Total : 283.75
18760 10/26/2009 000322 QWEST 509-926-1840 194B PHONE SERVICES: PARK ROAD P( 109.32
509-928-7023 228B PHONE SERVICE 22.33
Total : 131.65
18761 10Y26/2009 000256 RAINBOW ELECTRIC INC 124992 JOURNEYMAN ELECTRICIAN 58925
Total : 589.25
18762 70/26/2009 000230 SPOKANE CO AUDITORS OFFICE September 2009 RECORDING FEES 402.00
Total : 402.00
18763 10/26/2009 000090 SPOKANE CO INFO SYSTEMS 50304651 COUNTY IT SUPPORT 15,797.31
Total : 75,797.31
18764 10/26/2009 000311 SPRINT 326088106 WAPS FOR LAPTOPS 245.54
Page: 3
vchlist Voucher List Paye: 4
10/26/2009 70:45:12AM Spakane Valley
Bank code : epbeflk
Voucher Date Vendor
18764 10/26/2009 000311 000311 SPRINT
18765 10/26/2009 000065 STAPLES BUSINESS ADVANTAGE
18766 10/26/2009 000257 STATE AUDITOR'S OFFICE
18767 10/26/2009 001895 TAYLOR ENGINEERING INC
18768 10/26/2009 001024 UNITED RENTALS,INC.
18769 - 10/26/2009 001248 USKH, INC.
18770 10/26/2009 000964 VOLT
18771 10/26/2009 000136 WA DEPT OF INFO SERVICES
18772 10/26/2009 002179 WHITEMAN, KELLI
18773 10/26/2009 002172 WHITLOW, DANA L.
18774 10/26/2009 000152 WSDOT
18775 10/26/2009 002177 WYATT, ROXANNE
Invoice
(Continued)
97701645
97759753
98129328
98129329
L79557
#3
#8
29915
011518003
21546553
2009090192
REFUND
CIP # 0088
RE-313EAT690609118
EXPENSES
PO #
42378
42238
42249
42444
Description/Account
Total :
OFFICE SUPPLIES: CD
OFFICE SUPPLIES: CD
OFFICE SUPPLIES: CD
OFFICE SUPPLIES: CD
Total :
AUDITORS
Total :
ON-CALL INSPECTOR AUTOCAD D
08-038 SPRAGUE AVE RESURF -D:
Total :
UNITED RENTAL BLANKET PO
Total :
SURVEVS:SPRAGUE/EVERGREEN
ToWI:
STAFFING SVCS: IT
Total :
MICROSOFT OFFICE 2007 LICENSE
Total :
DEPOSIT REFUND
Total :
ROW ACQUISITIONS/BROADWAY /
Total :
PINES/MANSFIELD CORR CONG RI
Total :
KITCHEN EXPENSES
Total :
Amount
245.54
496.81
76.31
209.11
21.65
803.88
36,304.60
36,304.60
10,461.38
5,985.07
16,446.45
1,034.82
1,034.82
600.00
600.00
560.00
560.00
39,402.82
39,402.82
52.00
52.00
40,950.00
40,950.00
4,978.05
4,978.05
19.56
19.56
Page: 4
vchlist VouCher List Page: 5
10/26/2009 70:45:12AM Spokane Valley
Bank code : apbank
Voucher Date Vendor
18776 10/26/2009 001885 ZAYO BANDWIDTH LLC
1023090003 10/23/2009 000013 NEOPOST, INC.
45 Vouchers for bank code : apbank
45 Vouchers in this report
I, the undersigned, do certify under penalry of perjury,
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 Diredor Date
Invoice
October2009
POSTAGE
PO # Description/Account Amount
DARK FIBER LEASE 22827
Total: 228.27
REFILL POSTAGE METER 5,000.00
Total : 5,000.00
Bank total : 1,927,030.81
Total vouchers : 1,9 .81
I �11b,bS7.iS
Page: 5
vchlist Voucher List Page: 7
10/28/2009 11:28:40AM Spokane Valley
8ank code : apbank
Voucher Date Vendor
18777 10/28/2009 000150 ALLIED FIRE 8 SECURITY
18778 10/28/2009 001715 AMERICAN RED CROSS
18779 10/28/2009 000050 APA - INLAND EMPIRE SECTION
18780 10/28/2009 000659 ASCE INL4ND EMPIRE
18781 10/28/2009 000030 AVISTA
18782 10/28/2009 001606 BANNER BANK
18783 10/28/2009 000918 BLUE RIBBON LINEN SUPPLY INC
18784 10/28/2009 001169 CITY OF SPOKANE VALLEY
18785
18786
10/28/2009 002161 DELLWO, ROBERTS & SCANLON
10/282009 000734 DEPT OF TRANSPORTATION
Invoice
SVC1012870
OCT 2009
October2009
Oct 2009
010119017
410069444
2674
4342
4458
4474
4720
6527
9059614
9061485
October 2009
October 2009
3593
RE 46 JG6341 L004
PO # Description/Account
GARAGE DOOR REPAIR
ToWI:
INSTRUCTOR PMT FOR TR,4INING
Total :
REGISTRATION FOR CLASSES
Total :
REGISTRATIONS
Total :
UTILITIES: PARKS MASTER AVISTP
UTILITIES: PW MASTER AVISTA
Total :
SEPT 2009: 2674
SEPT 09:4342
SEPT 09: 4458
SEPT 09: 4474
SEPT 09: 4720
SEPT 09: 6527
Total :
LINEN SVCS AT CP
LINEN SUPPLY SVC AT CP
Total :
PETTY CASH: 7250,76,78,79,80,86,f
PETTY CASH: 7293,94
Total :
LETTER TO CITY ATTORNEY
ToWI:
190 FOR EXIT 291A SIGNAGE
Amount
138.60
138.60
462.00
462.00
225.00
225.00
50.00
50.00
12,363.34
22,029.09
34,392.43
100.15
20.00
1,344.50
557.49
3,242.93
3,796.45
9,061.52
234.26
150.58
384.84
41.41
45.61
87.02
105.00
105.00
8,611.34
Page: 1
vchlist
10/28/2009 17 :28:40AM
VoUCher List
Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice
18786 10/28/2009 000734 000734 DEPT OF TRANSPORTATION (Continued)
18787 10/28/2009 000912 DEX MEDIA WEST October 2009
18788 10/28/2009 000746 EMPLOYMENT SECURITY DEPT 21715600 2
18789 10/28/2009 001253 GORDON THOMAS HONEYWELL Sept 1042
18790 10/28/2009 000321 GREATER SPOKANE INC 69171
18791 10/28/2009 001732 GREATER SPOKANE SUBSTANCE CSV009-01
18792 10/28/2009 001635 ISS FACILIIY/EVENT SERVICES 21570
18793
18794
18795
18796
18797
18798
21652
21653
10/28/2009 002182 PEGRAM, ROD Expenses
10/28/2009 000935 SERVICE PAPER CO 30456628
10/28/2009 000406 SPOKANE REGIONAL CVB August 2009
Sept 2009
10/28/2009 000295 VALLEYFEST 1208
10/28/2009 000964 VOLT 21506305
10/28/2009 000038 WASTE MANAGEMENT OF SPOKANE 2568036-2681-9
PO # Description/Account
Total :
ADVERTISING: CP
ToWI:
3RD QTR 2009
Total :
AUG 09: LOBBYIST SERVICE
Total :
3RD QTR 2009 CONTRACT
Total :
LODGING TAX REIMBURSEMENT
Total :
EVENT SVCS: CP
MONTHLY CLEANING: CP
EVENT SVCS: CP
Total :
TRAVEL REIMBURSEMENT: TRAINI
Total :
SUPPLIES: CP
Total :
LODGING TAX REIMBURSEMENT
LODGING TAX REIMBURSEMENT
Total :
LODGING TAX REIMBURSEMENT
Total :
STAFFING SVCS: IT
Total :
WASTE MGMT: CP
Page:
Y?
Amount
8,671.34
245.70
245.70
7,926.36
7,926.36
3,000.00
3,000.00
16,000.00
76,000.00
500.00
500.00
1,284.20
7,136.00
137.90
8,558.10
273.82
273.82
67529
675.29
15,440.80
14,313.00
29,753.80
3,808.02
3,808.02
604.80
604.80
732.73
Page: 2
vchlist Voucher List Page: 3
10/28/2009 1128:40AM Spokane Valley
Bank code : apbenk
Voucher Date Vendor Invoice
18798 10/28/2009 000038 000038 WASTE MANAGEMENT OF SPOKAN (Continued)
22 Vouchers for bank code : epb9nk
22 Vouchers in this report
I, the undersigned, do certify under penalty of peryury,
lhat 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
PO # Description/Account Amount
Total : 732.73
Bank total : 125,596.37
Total vouchers : 725,596.37
Page: 3
vchlist
10/30/2009 3:15:04PM
Voucher List
Spokane Valley
Bankcode: apbank
Voucher Date Vendor Invoice PO #
1879g 10/30/2009 000659 ASCE INLAND EMPIRE Oct 2009
Oct 2009
18800 10/30/2009 000277 AWC OCT 2009
18801 10/30/2009 001198 CONGRESS FOR THE NEW URBANISM OCT 2009
18802 10/30/2009 000326 CONSOLIDATED IRRIGATION #19 OCT 2009
18803 10/30/2009 000060 DENENNY, RICHARD Expenses
18804 10/30/2009 000070 INLAND POWER & LIGHT CO 94202-010
18805 10/30/2009 000069 MERCIER, DAVID NOV 2009
18806 10/30/2009 000062 MUNSON, RICHARD Expenses
18807 10/30/2009 000193 NORTHWEST CHRISTIAN SCHOOL INC November 2009
18808 10/30/2009 000512 OFFICETEAM 30076886
30087760
18809 10/30/2009 000322 QWEST 509-9222-7091 060B
18810 10/30/2009 000709 SENSKE LAWN & TREE CARE INC. 3310310
Description/Account
REGISTRATION FOR SEMINAR
SEMINAR REGISTRATION
Total :
TRAINING REGISTRATION
Total :
REGISTRATION FOR 20567129
Total :
UTILITIES: PARKS
Total :
EXPENSE REIMBURSEMENT
Total :
ANNUAL UTILITIES: 3415 S UNIVER
Total :
NOV 09: AUTO ALLOWANCE
Total :
TRAVELREIMBURSEMENT
Total :
CITY HALL RENT
Total :
STAFFING SVCS: LASERFICHE
STAFFING SVCS: LASERFICHE
Total :
PHONE SERVICES: MISSION POOL
Total :
VEGETATION MGMT CIN HALL
Page:
1
Amount
50.00
50.00
100.00
95.00
95.00
399.00
399.00
717.07
717.07
572.55
572.55
312.42
312.42
400.00
400.00
287.10
287.10
37,468.47
37,468.47
586.80
521.60
1,108.40
109.32
109.32
51.09
Page: 1
vchlist Voucher List Page: 2
10/30/2009 3:75:04PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice
18810 10/30/2009 000709 000709 SENSKE LAWN & TREE CARE INC. (Continued)
18811 10/30/2009 000658 SPOKANE CO SUPERIOR COURT OCT 2009
18812 10/30/2009 000324 SPOKANE CO WATER DIST #3 Sept 2009
18813 10/30/2009 000406 SPOKANE REGIONAL CVB 3rd Qtr 2009
18814 10/30/2009 001791 STONE, MIKE Expenses
18815 10/30/2009 001250 SYTE NET SERVICES 6701
18816 10/30/2009 000964 VOLT 21584869
18817 10/30/2009 001797 VPCI PostWty
18818 10/30/2009 000152 WSDOT
1029090016 10/29/2009 000001 SPOKANE CO TREASURER
21 Vouchers for bank code : apbank
21 Vouchers in this report
Oct 2009
Oct 2009
Odober 2009
PO # Description/Account Amount
ToWI: 51.09
FILING FEES: LEGAL 230.00
Total : 230.00
WATER CHARGES: PW 120.61
Total : 120.61
3RD QTR WATER TESTING 159.00
Total : 159.00
TRAVEL EXPENSES 613.70
Total : 613.70
INSTALL CABLE IN MAINT FACILITI 1,369.29
ToW I : 7,369.29
21584869 537.60
Total: 537.60
WARRANTY FOR SCANCARE PLU: 3,590.00
Total : 3,590.00
REGISTRATION FOR TRAINING 75.00
REGISTRATION FOR TRAINING 75.00
Total: 150.00
OCTOBER 09: SHERIFF SERVICES 1,266,811.17
Total : 1,266,811.17
Bank toW I : 1,315,201.79
Total vouchers : 1,315,201.79
Page: 2
vChliSt
70/30/2009 3:15:04PM
Bank code : apbank
Voucher Date Vendor
I, the undersigned, do certify under penalty of perjury,
that the materials have been fumished, the services
rendered, or the labor perfortned as described herein
and that the claim is just, due and an unpaid obligation
against lhe City of Spokane Valley, and that I am
, authorized to aulhenticate and certify to said claim.
Finance Director Date
Voucner List
Spokane Valley
Invoice
PO # Description/Account
Page:
Page:
Amount
3
vchlist Voucher List Page: 1
11/06/2009 77:26:57AM Spokane Valley
�
Bankcode: apbank
Voucher Date Vendor
18820 11/6/2009 000958 AAA SWEEPING, LLC
18821
18822
18823
11/6/2009 000150 ALLIED FIRE & SECURITY
11/6/2009 001081 ALSCO
11/6/2009 000335 ALTON'S TIREINC.
Invoice
43270
43271
NC1005347
LSP0698536
8080000796
18824 11/6/2009 000135 APA 202975-091001
18825 11/6/2009 001012 ASSOC BUSINESS SYSTEMS 10/19/09
356092
356127
SPSA31
18826 11/6/2009 001816 BENTHIN & ASSOCIATES 1514
18827 11/6/2009 002085 BRADLEY, STEVEN P. & AUDREY M. CIP # 0088
18828 11/6/2009 000796 BUDINGER & ASSOC INC M08218-9
M09239-1
M09239-2
18829 11/6/2009 000863 CENTURY WEST ENG CORP 231287
18830 11/6/2009 000729 CH2MHILL INC 3723003
PO # Description/Account
42267 CONTRACT NO. 09-004, SWEEPWC
42271 CONTRACT NO. 09-006, VACTORIN
ToWI:
KEYS
42465
42110
42487
42487
42291
41025
Total :
FLOOR MATS
Total :
OIL CHANGE: 40206D
Total :
ANNUAL MEMBERSHIP
Total :
BOND ROLL PAPER
COPIER COSTS: 21799— LEGAL
COPIER COSTS: 21783— CD
BOND ROLL PAPER
Total :
BROADWAY-SULLIVAN INT SURVE
Total :
ROW ACQUISITIONS/BROADWAY!
Total :
GEOTECH & MATERIALS TESTING
TESTING & SAMPLING SVCS FOR F
TESTING & SAMPLING SVCS FOR F
ToWI:
CONTRACT NO. 09-001
Total :
0003BARKER ROAD BRIDGE
Amount
7,378.48
27,180.46
34,558.94
63.60
63.60
�s.sa
16.88
40.33
40.33
100.00
100.00
97.82
53.43
191.92
304.33
647.50
12,959.00
12,959.00
6,650.00
6,650.00
1,886.50
2,082.30
715.50
4,684.30
6,376.46
6,376.46
38,769.26
Page: 1
vchlist Voucr��r List Page: 2
71/06/2009 11:26:57AM Spokane Valley
Bankcode: apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
18830 11/6/2009 000729 000729 CH2MHILL INC (Continued) Total : 38,769.26
18831 11/6/2009 000840 CLARY, AARON EXPENSES TRAVEL EXPENSES: NW GIS USEF 165.63
Total : 165.63
18832 11/6/2009 001888 COMCAST NOVEMBER 2009 HIGH SPEED INTERNET 108.95
Total: 708.95
18833 11l6/2009 000508 CONOCOPHILLIPS FLEET ' 87016-6725 09: FLEET FUEL BILL 1,924.66
Total : 1,924.66
18834 11/6/2009 001194 DEPT OF ECOLOGY 7222 2010 WASTEWATER OPERATOR C 30.00
Total : 30.00
18835 11/6/2009 000278 DRISKELL, CARY MILEAGE EXPENSES 143.45
MILEAGE EXPENSES 59.95
Total : 203.40
18836 11/6/2009 000999 EASTERN WA ATTORNEY SVC, INC 29767 LEGAL SERVICES 80.00
29985 LEGAL SERVICES 40.00
Total: 120.00
18837 11/6/2009 002157 ELJAY OIL COMPANY 0603566 42476 OIL PRODUCTS FOR SNOW PLOW 2,242.65
Total : 2,242.65
18838 11/6/2009 001232 FASTENAL CO PURCHASING IDLEW64569 42245 FASTENAL BLANKET PO 70.40
Total : 70.40
18839 11/6/2009 000106 FEDEX 9-376-13347 SHIPPING CHARGES 53.70
. ToWI : 53.70
18840 11/6/2009 001859 FINANCIAL FORENSICS 3273 OCTOBER 09: FINANCIAL ANALYSI 1,248.00
Total : 1,248.00
� Q-002134 `��� �a����69Z3393-
861-425923306 42464 PARK RD RECON. TITLE REPORTS 271.75
861-425923329 42464 PARK RD RECON. TITLE REPORTS 271.75
861-425923334 42464 PARK RD RECON. TITLE REPORTS 271.75
Page: 2
vchlist
11/06/2009 71:26:57AM
Bank code : apbank
Voucher
18841
18842
Date Vendor
11/6/2009 002134 FIRST AMERICAN TITLE
11/6/2009 002134 FIRSTAMERICANTITLE
Voucher List
Spokane Valley
Invoice
(Continued)
861-425923351
861-425923357
861-425923360
861-425923361
861 �25923364
861-425923365
861-425923367
861-425923378
861-425923380
861 �25923390
861-425923391
861-425923397
861-425923401
861-425923410
861-425923411
861-425923413
861-425923414
861-425923419
861-425923424
861-425923427
861-425923427
861-425923429
861-425923430
861-425923432
861-425923436
861-425923459
861-425923477
861-425923478
861425923490
861-425923498
861-425923511
861-425923512
861-425923476
PO #
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
Page:
Description/Account
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
PARK RD RECON. TITLE REPORTS
3
Amount
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
PARK RD RECON. TITLE REPORTS 271.75
TeYal' -9„783.00
PARK RD RECON. TITLE REPORTS 271.75
Page: 3
vchlist
11/06/2009 11:26:57AM
Bank code : apbank
Voucher Date Vendor
18842 11/6/2009 002134 FIRST AMERICAN TITLE
18843
18844
18845
18846
18847
11/6/2009 001447 FREE PRESS PUBLISHING INC
11l6/2009 000007 GRAINGER
11/6/2009 000849 GRIFFITH, DEANNA
11/6/2009 002043 HDR ENGINEERING, INC
11/6/2009 001728 HP FINANCIAL SERVICES CO
18848 11/6/2009 002186 ICSC
18849 11/6/2009 000393 INLAND AUDIO VISUAL
18850 11/6/2009 002187 JENNIFERSAUTOSERVICE
Voucner List
Spokane Valley
Invoice
(Continued)
861425923497
33139
33140
33141
33162
33163
33164
33165
33166
33167
33168
33169
9101085265
EXPENSE
115791
600221973
600222099
1403264
11588
5116
PO #
42464
42246
42424
Description/Account
PARK RD RECON. TITLE REPORTS
Total :
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
LEGAL PUBLICATION
Total :
GR.4INGER BLANKEf PO
Total :
REIIMB. FOR PLANNING COMMSSI�
ToWI:
CONTRACT 09-040 HDR ENGINEEF
Total :
NOV 09 LEASE PMT
NOV 09 LEASE PMT
Total :
PLAN MEMBERSHIP DUES: S. KUH'
Total :
EQUIPMENT RENTAL: IT
Total :
FULE PUMP: 2003 S-10
Page:
Page:
4
Amount
271.75
543.50
88.40
54.40
91.80
36.80
25.00
4420
32.30
86.70
87.55
65.45
16720
779.80
286.75
286.75
51.85
57.85
4,971.13
4,971.73
1,658.22
783.33
2,441.55
270.00
270.00
238.05
238.05
892.89
4
vchlist Voucher List Page: 5
11/06/2009 11:26:57AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice
18850 11/6/2009 002187 002187 JENNIFERS AUTO SERVICE (Continued)
18851 11/6/2009 000864 JUB ENGINEERS, INC. 0061520
18852 11/6/2009 001598 KNIFERIVER PayApp#2
18853 11/6/2009 002148 MUSSELMAN RENTALS 8 SALES 909001
18854 11/6/2009 000662 NATL BARRICADE & SIGN CO 66696
66782
18855 11/6/2009 001035 NETWORK DESIGN & MANAGEMENT 17210
18856 11/6/2009 000652 OFFICE DEPOT INC. 492005565001
18857
18858
18859
18860
18861
18862
492401513001
492401586001
11/6/2009 000307 OFFICE OF THE STATE TREASURER September 2009
11/6/2009 000322 QWEST 509-921-67875116
11/6/2009 002156 ROWAND MACHINERY COMPANY 202725
11/6/2009 000308 SPOKANE CO PROSECUTING ATTY September 2009
11/6/2009 001100 SPOKANE CO SHERIFF'S OFFICE OCT 09
11/6/2009 000658 SPOKANE CO SUPERIOR COURT FILINF FEES
PO #
42387
42435
42478
42248
42248
42463
42480
42480
42479
Description/Account Amount
ToW I : 892.89
JUB CONTRACT 09-033: STREET M 21,584.63
Total : 27,584.63
BROADWAY REHAB PH.2 0066 207,621.92
Total : 207,621.92
SNOW PLOW WING 10,870.00
Total : 10,870.00
NATIONAL BARRICADE BLANKET F 1,034.82
NATIONAL BARRICADE BLANKET F 801.99
Total : 1,836.81
DIGITAL SIGNAGE FOR SENIOR CE 3,285.40
Total : 3,285.40
OFFICE SUPPLIES: CP 105.87
OFFICE SUPPLIES 66.78
OFFICE SUPPLIES 190.46
Total : 363.17
STATE REMITTANCE 85,141.16
ToWI : 85,141.16
PHONE SERVICE 41.50
Total : 41.50
BALDERSON SNOW PLOW WING 9,619.95
Total : 9,619.95
CRIME VICTIMS COMPENSATION F 1,109.81
Total : 1,109.81
CORRIDOR GRANT/ SEAT BELT EN 8,918.29
Total : 8,918.29
FILING FEES: LEGAL 230.00
Page: 5
vchlist
11/06/2009 77:26:57AM
Voucn�r List
Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO #
18862 11/6/2009 000658 SPOKANE CO SUPERIOR COURT (Continued)
18863
18864
18865
18866
18867
18868
18869
18870
18871
18872
FILING FEES
FILING FEES
11/6/2009 000001 SPOKANE CO TREASURER 40100266
41501094
41501803
11/6/2009 000898 SPOKANE PROCARE 2009-09
11/6/2009 000420 SPOKANE REGIONAL HEALTH DIST 000423484
000446630
000447060
11/6/2009 000311 SPRINT 959698810-022
11/6/2009 000419 SUMMIT LAW GROUP
11/6/2009 001464 TVJTELECOM
11/6/2009 002185 URS CORPORATION
11/6/2009 000140 WALTS MAILING SERVICE
11/6/2009 000633 WCPDA
11/6/2009 000676 WEST
43655
03198911
4087813
22139
CNF#:902-23962
CNF#:902-688-0023
819182525
Page: 6
Description/Account Amount
FILING FEES: LEGAL 230.00
FILING FEES: LEGAL 230.00
Total : 690.00
PICK UP & DROP OFF SERVICES 213.62
SEPT 09: WORK CREW 5,306.65
SEPTEMBER 09: HOUSING 47,439.75
Total : 52,960.02
Street Landscaping 12,852.98
Total : 12,852.98
WORKSHOP REGISTRATION— SCO 50.00
WORKSHOP REGISTRATION— MICI 50.00
WORKSHOP REGISTRATION: INGA 50.00
� Total: 150.00
SPRINT CELL PHONES 3,799.03
ToWI : 3,799.03
PROFESSIONAL SERVICE 24.00
Total : 24.00
INTERNET/DATA LILNES:CP 1,661.11
Total: 1,661.11
PROFESSIONAL SERVICES 14,000.00
Total : 74,000.00
PRINTING SERVICES 1,245.82
Total : 7,245.82
09 CONF: MCCLUNG—CNF#: 902-23 275.00
09 CONF: MCCORMICK CNF# 902-� 275.00
Total : 550.00
LEGAL SUBSCRIPTION 520.15
Page: 6
vchlist Voucher List Page: 7
11/0612009 11:26:57AM Spokane Valley
Bankcode: apbank
Voucher Date Vendor
18872 11/6/2009 000676 WEST
18873 11/6/2009 000152 WSDOT
1104090021 11/4/2009 000001 SPOKANECOTREASURER
55 Vouchers for bank code : apbank
55 Vouchers in this report
I, the undersigned, do certify under penalty of peryury,
lhat the materials have been fumished, the services
rendered, or the labor performed as described herein
and that the claim is jusl, 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
Invoice
(Continued)
819312678
RE-313-ATB91013057
RE313-ATB91013060
2009
PO # Description/Account Amount
PAMPHLETS 186.98
Total: 707.13
STATE ROUTE ROADWAY MAINT. 4,239.75
SIGNAL 8 ILLIMINATION 2,592.49
Total : 6,832.24
SPOKANE COUNIY SERVICES 253,778.06
Total : 253,778.06
Bank total : 830,935.15
Total vouchers : 830 . 5
��a�,,sa.i�
Page: 7
vchlist
11/06/2009
Bank code:
Voucher
18874
Voucher List
3:25:55PM Spokane Valley
apbank
Date Vendor Invoice
11/6/2009 002134 FIRSTAMERICANTITLE
861-425923303
861-425923306
861-425923329
861 �25923334
861-425923351
861-425923357
861-425923360
861-425923361
861-425923364
861-425923365
861-425923367
861-425923378
861-425923380
861-425923390
861-425923391
861-425923397
861-425923401
861-425923410
861-425923411
861-425923413
861-425923414
861-425923419
861-425923424
861-425923427
861-425923429
861-425923430
861-425923432
861-425923436
861-425923459
861-425923477
861-425923478
861425923490
861-425923498
861-425923511
861-425923512
Page:
PO # Description/Account Amount
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
42464
PARK RD RECON. TITLE REPORTS
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
PARK RD RECON.
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
271.75
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
TITLE REPORTS
Page:
vchlist Voucher List Page: 2
11/06/2009 3:25:SSPM Spokane Valley
Bank code : apbank
Voucher Date Vendor
18874 11/6/2009 002134 002134 FIRSTAMERICANTITLE
1 Vouchers for bank code : epbank
1 Vouchers in this report
I, the undersigned, do certiy under penalty of perjury,
that the materials have been furnished, the services
rendered, or the labor performed as described herein
and lhat the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that I am
authorized to authenticate and cerlify to said claim.
Finance Director Date
Invoice
(Continued)
PO # Description/Account Amount
Total : 9,511.25
Bank total : 9,511.25
Total vouchere : 9,511.25
Page: 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 11-17-09 City Manager Sign-off:
Item: Check all that apply: � consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE :
Payroll for Period Ending October 31, 2009
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
BudgeUFinancial impacts:
Gross: $ 222,046.08
Benefits: $ 117,815.74
Total payroll $ 339,861.82
STAFF CONTACT: Raba Nimri
ATTACHMENTS
DRAFT
MIN[JTES
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Spokane Valley City Hall Council Chambers
Spokane Valley, Washington
October20,2009 6:00 p.m.
Attendance:
Councilmembers Staff
Rich Munson, Mayor Dave Mercier, City Manager
Dick Denenny, Deputy Mayor Mike Connelly, CiTy Attorney
Rose Dempsey, Councilmember Neil Kersten, Public Works Director
Bill Gothmann, Councilmember Ken Thompson, Finance Director
Ian Robertson, Councilmember Mike Stone, Pazks & Recreation Director
Gary Schimmels, Councilmember Cary Driskell, Deputy City Attomey
Diana Wilhite, Councilmember Rick VanLeuven, Police Chief
Morgan Koudelka, Sr. Administrative O�cer
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
Mayor Munson opened the meeting at 6:00 p.m., welcomed everyone to the study session, and explained
that Deputy Mayor Denenny would be arriving later as he is attending a TMDL (total maximum daily
load, wastewater) meeting. Mayor Munson reported that he received a request from Mc Allen Curryer,
CEO of Rockwood Retirement Communities in Spokane, asking for a letter of support for the Rockwood
Retirement Communities affordable senior housing project in Spokane Valley, which will use HUD and
Low Income Housing Tax credit funding; and that the retirement development will include thirty-eight,
one-bedroom units designed to serve very low-income elderly households. There was no objection from
Council to the Mayor sending such letter of support. Mayor Munson then recognized and welcomed
Spokane County Commissioner Mager, who thanked Council for the welcome and noted that
Commissioner Richard is en-route.
NON-ACTION ITEMS:
1 ICMA Law Enforcement Repod — Leonard Matarese
Mayor Munson explained the protocol for this agenda item; that first we will have a presentation from
ICMA Consulting, followed by Sheriff Knezovich and Chief VanLeuven, then the Commissioners if they
desire, followed by council questions and comments; and said this is strictly information gathering and
there were be no decisions made tonight; but Council hopes to have a public comment opportunity in
Decembec Mayor Munson gave some background on the commissioning of this report, he said that 180%
of the total amount of proper[y taxes goes to law enforcement which amounts to approximately $IS
million, and said Council feels obligated to assess that budget item; and Council also wanted to have a
baseline for a Plan B as contracts don't last forever and can be cancelled or replaced, and Council wants
to be ready in case something like that should happen; and that having an alternate plan doesn't mean this
City will start its own police force or is even leaning that direction. Mayor Munson mentioned that there
are some items in the report which are policy questions for Council to consider and some which are
administrative for the CiTy Manager's consideration; and again stressed that tonight is an information
gathering session. Mayor Munson invited Mr. Matarese to present and introduce his team.
Mr. Leonard Matarese introduced himself and his team; he explained that he is the Director of Public
SafeTy Services for ICMA, which is a worldwide association of professional public administrators which
works with the federal government and with municipal govemments in the United States and
Council Meeting Minu(es: 10-20-09 ' Page 1 of 11
Approved by Council:
DRAFT
internationally, and works in the field of public safety. Mc Matarese introduced the following members
of his team:
• Dr. Kenneth Chelst: Senior Consultant who just completed his tour as Chair of the Department of
Industria( and Manufacturing Engineering at Wayne State University, he has expertise in public
safety operations, and reseazch techniques, has a Ph.D. from MIT where his dissertation was on
mathematical models for police patrol deployment.
• Dr. Dov Chelst: son of Dc Kenneth Chelst, head of statistical and data quantitative analysis at
ICMA, and how holds a Ph.D. in mathematics from Rutgers University.
• Dr. Paul O'Connell: former NYPD Police Officer, has a Juris Doctorate, a Ph.D. from John Jay,
two masters degrees, recently published a book on the Comstad Model of Police Management,
aod is currently chair of Criminal Justice at Ioness College in New York.
• Major (Ret) George Aylesworth: Juris Doctorate; retired commander of Metro Dade SherifPs
Department where he was in charge of a large legal bureau for hventy-five years; prior to that was
a working police officer, and has considerable experience working with state and federal law
enforcement agencies.
• Chief William Berger. holds a Juris Doctorate and B.A., is currently the Police Chief in Pombay
Fbrida, and is the former president of the International Association of Chiefs of Police; prior to
appointment in Pombay, was the chief in North Miami Beach, and prior to that was the youngest
chief of homicide in the City of Miami's history.
• Ms. Patricia Kettles: Vice President for Director of Quantitative Services for Springstead, Inc.,
which is a strategic par[ner of ICMA that conducts considerable municipal consulting around the
United States.
• Chief (Ret) Jim Gabbard: via telephone, Vero Beach Florida City Manager and Previous Police
Chief in Vero Beach; prior to that was a Commander with the West Palm Beach Police
Department in their homicide division, and he is a former president of the Port of Police Chief
Association, and personally was cited for bravery by Governor Jeb Bush before a joint session of
the Florida Legislature for his actions during several hurricanes that struck Vero Beach a few
years ago.
• Christine Cole: via telephone; Executive Director of the Program in Criminal Justice Policy and
Management at Harvard University at the John F. Kennedy School of Government; she holds a
Masters Degree in public administration, and was a community liaison and police advisor to the
Superin[enden[ of Police, and has considerable experience and is nationally recognized and
internationally recognized in victim and witness advocates rights and also of citizen's rights.
Mc Mata�ese said there were several other people who played important backup roles, including Akia {
Garnett, who is the director of operations and management for ICMA. Mr. Matarese said that as Mayor
Munson said, and the team concurs, we have a fine law enforcement situation; that the Sheriff and
SherifPs Office and the Police Department are excellent that his team identified some things for them
and/or Council to consider, and as is true of any organization, there are always ways to improve; and said
the team found no red flags or serious problems within the organization, and he extended his
congratulations to the Sheriff and his team for their work in building an organization. Mr. Matarese stated
that ICMA takes no position on whether the City should or should not contract services, start its own
police department, or any other alternatives, as his job is to provide information, and there is a lot of
information to digest; and he said he hoped the end result will be that whatever path Council chooses, it
will use this information to further improve law enforcement services to the communiry.
Senior Dc Chelst began the presentation of the first PowerPoint, explaining the data analysis and how it
was collected and analyzed, use of February and August percentage calls per day by initiator, by category,
by months; number of units responding by category; percentage calls and work hours by category in
August; deployment and workload for weekdays in February and August; average response time by hour
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of day for February and August; average response time components by category; average dispatch, travel
and response times by prioriTy; and then gave a brief summary of response time and workload.
Ms. Patricia Kettles then went through the second PowerPoint presentation, that of Cost Projections of an .
Independent Police Department; that they looked at what the costs have been, looked at other city police
departments to see if a standard exists, and that they had discussions with wrrent city staff conceming
current contracts. She explained that her analysis looked at start up costs in the first year as well as
ongoing capital and operating costs, and in maintaining current contracts with the County, she said her
understanding is that there is a law enforcement contract as well as the communications and emergency
management, but she focused on the law enforcement piece. She went over the personnel costs based on
the initial work by the team, they examined the projected number and recommended number of positions
of 95, that the salary survey included numerous cities, and she said the numbers the county is using now
are the numbers she felt most comfortable using, which was the 2009 Spokane County Average salary, as
well as adding to the total salary 6% for overtime, sick, and holiday pay; and said that the personnel cost
estimate is $9.78 million. Ms. Kettles explained they also examined properiy and equipment costs, some
of which included the startup costs such as firearms, uniforms, and radios, which amounted to $5,000 per
officer, and with 92 officers equals $460,000. [It was noted that Deputy Mayor Denenny arrived at 630
p.m.] Ms. Kettles said there are also ongoing costs of telephone, building maintenance, and fuel, which
gives a first year estimated cost of $884,900, with the majority of those costs as startup costs, and ongoing
costs at $425,000. Other items they reviewed, Ms. Kettles explained, included things which would be
continued such as property room, records management, the SCOPE Program, garage, radio, and forensics
for an estimated total cost of $1.5 million, with the majority of that cost in property room/records
management and radio. Ms. Kettles also mentioned supply costs, and other costs such as insurance,
recruitment, testing, and maintenance and operation, with maintenance and operations a large cost; and
she compared the first year cos[s with ongoing costs. Capital outlay included vehicles, she explained, and
she brough[ up the issue of whether to purchase or lease vehicles; and said that the ICMA report
recommends vehicle purchase, as a large factor in purchasing versus leasing is the ability to take
advantage of the State Cooperative Purchasing Agreement which allows for good vehicle prices, and as
those , vehicles are used, they are passed to different departments. Ms. Kettles said that other
miscellaneous capital is estimated at $450,000 annually; and the K-9 purchase of four units as well as the
dog and training and supplies, is another factoc Ms. Kettle said they estimated 10% of the budget as
overhead; and said the end result in looking at the current law enforcement contract of $ I5.5 million and
the initial year, it looks like there would be a projected loss of about $250,000; but ongoing could be a
$1.1 million savings.
Major (Ret) George Aylesworth said he was asked to compare the current contract with other contracts
from Washington, and he also compared it with contracts from other areas; he said they are not addressing
the validity of the contract, but they had some areas for consideration; that there is an array of services
which would be need to be replicated if Spokane Valley were to have its own police department that
some are difficult to setup and maintain, but we have the advantage of a lazge police depaRment which
can sustain some of these activities. Major Aylesworth said he noticed in the services, there were not a
lot of ineasurable indicators to get an idea if things are working the way you want them; and one of the
areas he noted is response time as that is measurable, as is the wrn-around time for reports and members
of the public having easy access to those reports or having the ability to get those reports easily from
Spokane Valley. He noted that there is a selection of the police chief which provides that the Sheriff will
provide the city with one or more candidates for the police chief position; and that at any time that only
one person is provided, that takes away the choice from the city; he also mentioned that if someone is not
working out, the ability to replace that person is not addressed to precisely explain such scenario; under
liability, he explained that the City has an advantage regarding having a contract with an independent
contractor to handle these issues including the risk rrianagement aspects. Major Aylesworth also
mentioned that when property or assets are forfeited due to drug cases through state law and when the
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police provided part of the service, they are entitled to share back some of that money; and one thing to
consider is for officers that are being paid for by the city, when their activities result in revenues of that
sort, that the money be spent in the city, and he said those types or arrangements are do-able and are done
commonly between agencies, that there are restrictions on how the funds are to be spent, and is some[hing
to examine if revenue if being generated. Regarding legal issues conceming having a stand-alone agency,
he stated that the biggest issue is to avoid liability, which is one of the biggest advantages of contracting,
including acts of employees, hiring, firing, promoting, etc; and if the City were to start a police
department, he would recommend to searoh out an experienced police chief and use the resources out
there such as the State Law Enforcement Chiefs Associations, the International Association of Chiefs of
Police, or other organizations that can do such a search; and that the chief should be empowered to
assemble an initial command staff of experienced people; that ultimately we would want to bring our own
people into those ranks, and ideally to bring from those people, your fumre police chiefs. He also
recommended ultimately obtaining national accreditation, and recommended starting an executive
development program right away, and said one of the missions that the chief would have would be to start
developing from the officers which populate the depaRment, the future higher-ranking officers and future
police chiefs.
Mayor Munson took a few minutes to recognize several people in attendance, including Spokane County
Commissioner Mark Richard, Spokane Police Chief Ann Kirkpatrick, and SCOPE Leader Rick Scott.
Chief William Berger said that he and Jim Gabbard, who is on the phone, each have over thirty years of
law enforcement experience; that their task, as shown on pages 10 through 22 of the report, was to
examine the operations, which includes management administration to vehicles and equipment; and he
emphasized how much he appreciated the assistance of Chief VanLeuven and Lt. Steve Jones; he said
they are impressed with the officers' sense of community, that they went on calls with the officers and
were impressed with how they handled the calls. Mr. Berger said that one thing that caught his attention
was that people tell him if you want to find the police department building look for the White Elephant
sign; and said it is extremely important to make sure our focus is on our police department, and that
people have a sense of where it is and a feeling of accessibility; that the front lobby presents a tremendous
opportunity to market this ciTy and this department and those who work there; and he said it was alarming
that if a citizen were to come up in an emergency situation, and it was afrer 5:00 p.m., that unless they had
their own phone, there is no way to connect with people inside the facility; and he said that needs to be
addressed; that although it is run by a Sheriff's Office, it is a municipal operation. Mr. Berger said he
noted a document from the Sheriff s Office entitled "Intelligence Led Policing" which is a new concept
concerning data-driven policing, whereby you analyze everything you do; that although this team was
only here for a short time, most of [he data he saw was dated, such as organizational charts from 2007,
and that a lot of material they requested was not easily obtainable.
Jim Gabbazd stated that he examined pahol and detective operations and was particularly looking for job
knowledge, and said the patrol officers and detectives have an excellent understanding of their
responsibilities within the City of Spokane Valley; and after reviewing reports, manuals, investigative
material, telecommunications and other documents, they concluded there is a concerted effort by the
departmenYs leadership to provide opportunities for continued education, training and continual
performance improvement; and noted the very active in-service training programs; he said they were
impressed with uniforms, firearms, vehicles, computers, and other support equipment that was well
maintained; they reviewed the department staffing and said it appears the twelve-hour shifts work well
and the officers are committed to that; that they spent a lot of time looking at the detective bureau and he
urged Council to examine that portion of the report as they believe there should be some staff level
improvements there; but overall they do a pretty good job of handling the cases; that in talking with some
of the citizens, the perception of the community seems that they cannot differentiate between the Spokane
Valley Police and the Sheriffls Deputies, although the officers know they are Deputy Sheriffs first, but
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they are committed in working in Spokane Valley and to those community problems while they are there;
and in discussions with those o�cers, the question was posed if they would be willing to work
exclusive(y for Spokane Valley and there was a great deal of reluctance to give up the Sheriffls Office
identity as they are very committed to the Sheriff and his goals; that they looked at leadership issues and
found that all of the Spokane Valley police officers are deputy sheriffs and ultimately they know they are
accountable to the Sheriff as the top law enforcement officer in the county and the management team
recognizes they are all accountable first to him and the city second, but the police chief acknowledges that
this works well, and he works well with the City Manager and constantly mentioned the good relationship
the Police Chief has with the city; and he said they recognize the Sheriff has other assets such as canine
and special weapons, and that they were very impressed with the SCOPE program.
Mr. Berger explained that the crime rate is a concem with any community, and that crime has gone up,
not significantly over the last year, but it will probably continue to go up in property crimes; but one of
the things he is envious of is that a real measure of police services is calls for service; and this report
measured 52,000 annually, and he said coming from a community that has 18,000 a month, that indicates
there is still plenty of oppoRunity to do pro-active police work with the current configuration.
Dr. Paul O'Connell said he examined the areas of professional responsibility, that he observed an
impressive array of training programs, specifically regarding the regional training; he said he feels the
programs are delivered economically and by dedicated professional staff; and said he was impressed with
the OPS, Office of Professional Responsibility, with whom they met; that he worked to differentiate
beriveen the "nice to have" and the "needs to have" and that he didn't observe any needs as there were no
glaring deficiencies or red flags; he said the most pointed recommendation was the suggestion that the
department develop the capacity to actively track, as opposed to just recording, Terry stops that are
occurring in the valley. �Note: Terry Stop is an investigate technique when an officer reasonably suspects
criminal activity and they have the right to perform such procedure.] Dr. O'Connell said these stops are
taking place in the valley, and the recommenda[ion contained in the report suggests that the department
develop a capacity to discem how many of these are occurring in the valley, and to identify who is being
stopped, when they are being stopped, why and where; that this is important from a risk management
standpoint and form a planning perspective; and said these procedures need to be tracked from a quantity
and quality perspective; he said regarding the ability to discern the amount of work coming specifically
from the V alley, it appears as a theme in different areas of the report.
Christine Cole, speaking from the telephone, said her task was to examine community engagement and
access; that she's the people person, she spent time meeting with people across the department and in the
community; she met with members of the command staff, the Chief, the Sheriff, the SCOPE director and
members of neighborhood watch, and met with other operational entities including special standards and
training, and crime analysis to understand the relationship with and the inclusion of the communiry in
sharing information and data; she said she was provided a large amount of material from a variety of
sources; she did a ride-along, visited SCOPE stations, and attended the SCOPE Executive Action
Committee meetings; all of which conveyed to her a deep and clear focus on community based goals and
quality community engagement; she said she thought citizens and deputies have a real partnership; that
the citizens get a lot from the volunteer efforts and the officers benefit from the level of engagement; and
she mentioned she was very impressed with the SCOPE program; as a result of her ride-along, she
observed that the activities and behavior of the deputies are community-centric and demonstrate a trust
and respect for the volunteers, for citizens who are arrested, for the person on the street, and for the
disconnected; that she witnessed interactions with drunk and disorderly pedestrians and the degree of
professionalism and qualiry of demeanor and respect e�ibited by the officers was impressive; she said in
the section of the repoR regarding recommendations, there are opportunities for increasing the depth of
the relationship; that many of those recommendations fall into management or administrative data
repor[ing or physical access or information access; and said this is whether it concerns a building or pro-
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active reporting of certain administrative data, that it provides both increased degree of transparency and
with that a sense of confidence and legitimacy in the eyes of the community; things such as providing
more clear information on some professional standards, what aze the citizens complaints and internal
complaints that are filed, how are they resolved, what becomes of them, what are the numbers, and
tracking those trends in comparison with law enforcement activities begins to give an idea of how people
are doing; she said those become important not just for management benchmarks, but for the community
to have a sense of what their depaRment is doing, and to include such things as use of force, and
providing access to timely information about the department, whether it is crime trends or outcomes; all
of which she explained will increase the depth of interaction between the community and the police
depaRment. Ms. Cole said she did not see a lot of written expectations for behavior or rewards azound
those activities which she said is interesting as it is clear that is a major focus of this department having
to go into Spokane and not use the valley precinct is a hardship on the citizens, and as a municipal
precinct, you would want to have access to as many services as possible locally; and she said the number
of volunteer hours and time devoted is impressive; and they are an enormous supplement to the
department and they value the work they do; that the officers in the valley appear to have a deep loyalty to
the community they serve and the work they do, and in the geographic area in which they work.
Mayor Munson invited Sheriff Knezovich, Chief VanLeuven, and the County Commissioners to come
forward to speak. Sheriff Knezovich distributed a handout which he described as painting a picture of an .._
agency committed to their community, and one which realizes it is not perfect and strives to improve; that
they work diligently on the training aspect; he said for ten years no one from the Spokane County
SherifPs Office had attended a national academy; and in three years rivo members attended with the hope
of another attending soon; he said three weeks ago, every sergeant and lieutenan[ not on vacation went
through a results-based executive leadership course which focused on setting targets and making sure
everything they do is within a budget premise. Sheriff Knezovich said that the only paR of the report that
came to light regarding their concern, was that which focused on diversity; he said the word used in the
report was "nonchalant" and Sheriff Knezovich assured everyone that his agency does not take that
particular subject nonchalantly; that his hiring department consists of one deputy who is very engaged
throughout the community, he sits on various boards for diversity, and the agency has become known as a
lead agency in that type of community involvement; and he said if there is any question or doubt
concerning diversity that his agency takes that very seriously; he said he realizes law enforcement across
the nation is under scrutiny because of those issues; and said he understands the importance of that issue.
The next thing of concern in the report, Sheriff Knezovich said, was the staffing levels suggested for
Spokane Valley; he said the officer per thousand is a measurement which is being replaced as it does not
account for the visitors in the community and is only based on the community's population; he said based
on recent training, the SherifYs Office is beginning to examine what that term means regarding workload,
and many agencies are moving to a"call for service" to determine when they need to increase staff; he
said the worksheet shows 102 personnel for the valley but that does not account for the 42% employees
that Spokane Valley pays for which makes up the backbone of the non-sworn personnelfor Spokane
Valley; that they looked at other agencies which have non-sworn personnel which are about 80% of their
current staffing, but Spokane County is only 25% of the current staffing; and he said his agency is run
very lean; and he said the only way to reduce the cost was to back-out thirteen deputies according to the
suggested manpower staffing; and he said he doesn't think anyone would agree that would be a wise
decision. Sheriff Knezovich said they agree with the ICMA Report conceming the shift/workload as the
busiest times are from 10 a.m. to 10 p.m, the shift change is from 530 to 7; and as noted the lowest
staffing level is during one of the busiest times; and he said some of that manpower needs to be shifred,
and he said they are preparing to do that; and that it will be easier for the Valley to do so and more
difficult for the county due to forced reductions they are facing; and he said he is very interested in that
model and said he had hoped to get a little clearer picture on that model from ICMA. Regarding
improvements, the Sheriff said there are things which can be improved; and said he would like to get
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more real time regarding his ability to pull up data; and said a dashboard system would be of great help in
that regard, to manage resources and to answer questions from the public. He further said they would like
to work on more real time data for the officers on the street; that normally officers can pull up data by 11
p.m. in a program that they created called PRISM, which program didn't come without some glitches, and
they had to re-write it; and had to have training; and he said he realizes many of these issues are
connected with funding. Sheriff I{nezovich said he agrees with Chief Burger in that they need to do a
better job of marketing the agency; and said citizens must know where their police station is located, how
to access the system, and that the Sheriff's office is working on the ability for citizens to log-on to the
website and express concems; although he said it has been his experience that citizens do not have a
concem on gaining access, as he receives telephone calls and e-mails and readily responds to such.
Sheriff Knezovich said Iaw enforcement is very expensive but is isdt as expensive here as in other
places; in looking at his data for Federal Way and Lakewood, the expenses are considerably higher; and
he said on page four, it is noted that the calls per officer comparison shows Spokane Valley with a higher
call rate then Federal Way and Lakewood; he mentioned the budgets shown on the data and said the
Spokane Valley budget for law enforcement, not including public safety and jail, is about 35%; he said he
realizes the budget is 184% total of the property taxes for the criminal justice system; but explained that
for the County that figure is an estimated 275% of the property taxes. The Sheriff explained the budget
per officer spent in 2008, which shows $145,888 spent per officer in Spokane Valley compared with
Federal Way of $167,442 and Lakewood of $170,791. Sheriff Kttezovich mentioned that the information
compiled by Councilmember Gothmann last year is also included in this handout; that out of twenty-one
communities, Spokane Valley is eighteen as far as crime, and 87`� in the nation, which he said speaks to
the dedication of the officers; he said he is committed to examining the ICMA information and will
improve in those areas where they can improve, and said the goal or benchmark of the sherifYs office is
for 90% from the citizens, and internally as well.
Chief VanLeuven said that it is evident we have a dedicated and professional law enforcement agency;
one which is committed to solving crimes and being engaged in the community; and he reFerenced data
given to Councif previously which showed that SCOPE workers dedicated over 27,500 hours within six
months; he said we went from 131 to 87'� safest city in the nation in the last two years since he has been
here; that intelligence led policing has been very successful and the regional task forces have been very
successful in aiding in the solving of several burglaries, drug and gang activities and other criminal
activities; and mentioned such work as conducting five simultaneous search warran[s with fifty
imestigators a few weeks ago would not have been possible without that regional support. Chief
' VanLewen said there are many good suggestions in the ICMA report, some suggestions can be easily
implemented, but other costly changes will need Council approval, such as having our own records
division.
Sheriff Knezovich also recognized the presence of Chief Kirkpatrick; he said he and Chief Kirkpatrick are
good partners and talk at least monthly on various issues; that he meets monthly with all the chiefs in the
region; he said one of the issues with Chief Kirkpatrick concerns diversity; and he said that she has
written a letter on his behalf regarding that, which letter he hopes to share with GounciL Sheriff
Knezovich said they just hired two analysts and moved a deputy who has a master's degree in analysis,
into their own in-house analytical component; and said that the State of Washington is in the process of
re-building its intelligence core as in September, 2008 their funding was cut and WAJAC no longer
exists. [Note: WAJAC is the Washington Joint Analytical Center, a product of the State-Wide Integrated
Intelligence Proposal, a joint effort to maximize law enforcement efforts to prevent crime and potential
terzorist attacks]. He said that Chief Kirkpatrick sits on the de-fusion board, that he sits on the Homeland
Security Intelligence Board, and both are tasked to re-ramp that system. Sheriff Knezovich also
mentioned that they are the agency they are because of Spokane Valley, and without that partnership, no
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one would have the capability they currently have conceming law enforcement; and he said what this all
boils down to is relationship; and he said he is committed to improve those relationships.
Mayor Munson said there are three positives from this process: that a Plan B is in place; that we have a
report that confirms the outstanding level of service from the County Sheriff; and that the Sheriff's
Department has recognized as professionals, that there are places to improve; and he [hanked both teams
for comments; and said now that there is a Plan B in place, we can make Plan A work a lot bettec
Councilmember Gothmann said that he would like further explanation of the issue stated on page 10 of
the report where it discusses blurring o£ lines between the SherifPs Office and the City Police Department
hurting the effectiveness, as he said there is no evidence to show such. Mr. Berger said there is respect
and a feeling that the Sheriff is the boss, and the blurring of the lines is that it is a delicate situation
because the Sheriff constitutes his officers being here, but that identify must be reinforced that the Police
Departmen[ is clearly the City's police department, under the auspices of the SherifPs Department as the
citizens don't know the difference. Mr. Matarese added that there is another model, and keeping in mind
ICMA is not making any recommendation; and he gave Broward County Florida as an example, where
the SherifPs Office conhacts with fourteen police departments, and none of those city police departments
call it Ihe Police Department as it is the SherifPs Office, and the cars aze all marked Sheriff's Offtce, with
an added line of their City as the district; so that is a possibility; that each City chooses their police chief
but that person is really like a major in the SherifPs Office, so he said that the choices would be to
strengthen the image of a separate police department, even though there is no separate police department,
as it is really the SherifPs Office with a precinct in Spokane Valley, so Council may want to think about
how to market what is being delivered; and an option would be to call it the Spokane Valley District of
the Spokane SherifPs Department; but if you want to maintain that separate image, such needs to be
marketed to do that. Sheriff Knezovich said there is another model, that of a partnership, just as is stated
on the back of their cards, "Spokane Valley Police Department in Partnership with Spokane County
SherifPs O�ce" and he said that is how the citizens view this; and said the best blend in identifying what
it is which should be communicated to the public, would be the sense of partnership.
Councilmember Gothmann asked if there is any evidence that cutting seven detectives from the Ciry's
staff would affect the crime rate; as that was the recommendation made if we wanted to develop our own.
Mr. Berger said that the organizational chart submitted shows percentages of positions, and he said when
he spoke to some of the individuals who were giving the percentages, they indicated to him that they
spent very little time in actual police work within the Spokane Valley community; and he said that the
reduction was taking the percentages of the positions and putting it together as total persons; as if they
worked for Spokane Valley, they couldn't be half here and half nomexistent. Chief VanLeuven said that
during the last homicide in Spokane Valley, they used all their resources available and had to use
additional personnel from the Sheriffls Office, some of which are designated as 50/50 detectives; and said
such happens on other occasions.
Other discussio� included intellige�ce led policing; contracting with a private agency; credentials needed
to conduct law enforcement within Spokane County including officer certification; mention of problems
associated with a private contractor for running the jail in Harding, Montana; that the highest liability cos[
for any city is land use and law enforcement; use by the Sheriff's Office of Lexipol Policy and Procedures
to maintain their accreditation and liability, which policies and procedures are based on risk managemen[
philosophies. There was mention by Councilmember Robertson that page 75 of the ICMA repoR states
that the Interlocal agreement is poorly written and difficult to follow and interpret regarding cost
allocation; and Mc Matarese suggested council consider buying a percentage of deputies on duty at all
times instead of a certain number of individuals; to focus more on the outcomes instead of the inputs, and
said an agreement could be structured which would be easier to implement and monitor and focus on the
outcomes and not the individual bodies. Sheriff Knezovich agreed this issue has been a challenge as it is
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difficult to structure manpower and service when the debate is over who has the 50/50 employee and
where that person should be located. Mr. Matarese also mentioned that ICMA strongly believes that the
Chief needs an assistant; that the management structure puts too much responsibility on the chief for daily
activities and it therefore takes away his abilities to manage overall, and he said he realizes the Sheriff
agrees with this and Mr. Matarese said this could be an area for council's future discussion. Sheriff
Knezovich said for the last rivo years, the SherifYs Office has loaned a deputy chief to the Spokane
Valley because they realize that weakness exists. Sheriff Knezovich said they presented a new cost plan
to Mr. Mercier, that they aze working with a private consultant who indicates they are on firm basis For
the cost plan, which is a cost per unit instead of purchasing 50/50 employees; that the purchase would be
for a block of law enforcement, and it includes a component of the model to indicate payment for
services, such as dispatch.
Deputy Mayor Denenny said that a few years ago he made the comment that he wanted to look at forming
our own police department, which statement he said was taken out of context; but that he wanted
justification for doing what we are doing and finding ways to improve it; and he said the overall tenor of
the report is extremely positive, and brought out such things as the identity question, which is a policy
decision on how strongly to identify the police department as a municipal police department and what is
gained by doing so; he said some of the questions to be addressed aze concerning communication, and to
ask ourselves what can we implement and at what cost, and what will we gain by that; and he asked for
clarification concerning some of the inadequacies of management, as noted on page 12 of the report.
Mr. Berger said based on the 2007 organizational chart, there was no clear de£nition how much time any
individual spent in our communiry even though the City was charged for it; and when they did some
questioning to o�cers about how much time they acwally spend in the Valley, the response was maybe
one day a month; and he said when the model is changed to go with services versus people, it should be
clearer; as based on the old model, he felt Spokane Valley was not getting its money's worth for that
position, and for a 50/50 position, that person should be spending 50% of their time in Spokane Val(ey
doing specifically Spokane Valley work; but he realized blending occurs and that they are dealing with
lump sums; but there is no data to truly indicate precisely the amount of time; and Mayor Munson noted
that could also be applied to the percentages noted on page 86, in that the solution would be the pay for
services to clearly define what Spokane Valley would get for its dollars. Sheriff Knezovich said it comes
down to the work position; for instance, Spokane Valley pays 50% of the command staff, that the
investigative captain is the Sheriff's command staff for the SherifPs Office, he does that work for
Spokane Valley yet he is located downtown, and very rarely does he come to Spokane Valley, but Sheriff
Knezovich assured Council that at least 50% of that officer's time is dealing with issues of the
investigative unit, and that more than 50% of tha[ is a shared asset as only five detectives are assigned in
the unincorporated area; there are six assigned to Spokane Valley, and every other detective asset is a
50/50 plan that works all over; and he confirmed that it is the percentage model that causes such
difficulty. The Sheriff said the repoR has helped them focus on certain aspects, and there were other
aspects of concern, and he said he had a thirty-one page response to some parts of the repoR; that the
report verified the heavy call load period but that he had hoped for some solutions. In response to
question from Deputy Mayor Denenny about the take-home cars, Sheriff Knezovich said he believes that
is the direction to go; that overtime can be cut drastically by taking cars home as it eliminates the travel
transition, the cars are better maintained, the mileage actually drops, and the officers are deployed
quicker. Mr. Matarese agreed and said ICMA strongly supports that idea, and said there could be tas
advantages for the officer as well, especially in the unincorporated area; and he encouraged some of the
ability to use the cars off-duty as well as.
Councilmember Dempsey said she is pleased to see the benchmarks in the report; and Sheriff Knezovich
said the SherifPs Office really does not have clear expectations, and he agrees that they are working to
develop those expectations and to wrap their minds around those benchmarks or expectations as there is
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no clear cut program for that and he recognizes that need. Chief VanLeuven added that there are several
things to do to provide a quality professional service, and to meet the expectations of the community so
they feel safe. Conceming the recommendations section on page 95, Mayor Munson asked how to make
the precinct presence more obvious and what will it cost. Chief VanLeuven said some things to make a
positive identification in Spokane Valley include wearing the Spokane Valley patch; to have different
patrol cars with different markings, and including the Spokane Valley logo on police officer's cards, in
cooperation with the Spokane County Sheriffls Office. Sheriff Knezovich said proper signage for the
precinct is needed and mentioned that the report discussed having a consistency in vehicle wlor scheme
which will give the appearance of having a larger police presence Mayor Munson mentioned that item #3
mentions an altemative to processing ordinance violations, which entails $116.00 charge back to the City,
which is not reflected in the City budget; that the City could issue a civil citation similar to a traffic
summons with the required thumbprint, which would save time and money for the officer; and he asked if
Sheriff Knezovich had reviewed that recommendation. Sheriff ICnezovich said they will need to examine
that to determine the legal ramifications. Mayor Munson mentioned that page 96 of the report has
recommendations for recruiting and training, and he asked if the Sheriff feels the recommendations aze
valid; and Sheriff Knezovich said he believes those aze already in place. Mayor Munson said Council
looks forward to developing a new contract and of working together; and Sheriff Knezovich said they are
working on benchmarks and expectations; and said the Mayor will be receiving a letter shortly from him
requesting opening of the contract negotiations as the County has designated him as the lead negotiator,
and said Mayor Munson will be receiving a list of things they would like to examine in the contract, and
said he looks forward to seeing Spokane Valley's recommendations on issues Spokane Valley would like
to examine in the contract; and said he would like to get the contract negotiated so that everyone can
move forward with a better cost plan and to build a better policing agency for the entire region.
Mayor Munson called for a recess at 8:36 p.m. and recomened the meeting at 8:45 p.m.
2. Amendina 2009 Budget — Ken Thompson
Finance Director Thompson said that each year staff works to amend the budget if necessary, and he
brought Council's attention to the list of items noted including figures for street fund, debt service fund,
capital grants, and Barker Bridge and Parks Capital; he said there were four street projects that actually
rolled into portions of 2009; and we spent about $6 million this year for the Barker Bridge.
Mayor Munson said he would like to next address Agenda Item #6, fee resolution.
6. Fee Resolution 09-01 S— Ken Thompson
It was moved by Deputy Mayor Denenny and seconded to approve Resolution 09-015. As noted on the
memorandum before Council, Mc Thompson explained the additional changes to the fee resolution, most
of which are edits in wording, but that it also includes the false alarm fees. Mayor Munson invited public
comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed. None.
Abstentions: None. Motion
3. Council Extemal Committee Reports - Councilmembers
Councilmember Gothmann said he met with the Chair of the Transportation Improvement Board who
mentioned that we currently have no representation on the Area Aging Committee, and that they will be
meeting next week to discuss moving toward us receiving a seat on that board.
4. Advance A�enda — Mayor Munson
Mayor Munson reminded everyone that there will be no mee[ing November 3.
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5. Information Onlv: The Shoreline Master Program Public Participation Program, 2010 Sewer
Paveback Program and Community Deve[opment Block Grant Projects were for information only and
were not reported or discussed.
Council Check-in — Mayor Munson
Councilmember Schimmels said he wants to see something done with the sound system at CenterPlace;
that at the last meeting held there it was obvious people had a difficult time hearing; that he is aware there
are people in the area who do nothing but try to address those Type of acoustic problems; and said the
sound is better than at first, but it still is not good. There was council consensus to ask Mr. Mercier to
investigate that issue, and Mr. Mercier asked that Councilmember Schimmels let Mr. Stone know of the
company in mind for helping with the acoustics. Mayor Munson said last week he and Mr. Mercier met
with an individual who is with an engineering and architectural firm about a pending development on the
outskiRs of our communiry, and they discussed the concept of green buildings, and they are anxious to
prepare an introduction to a firm subscribed as one of the top firms to foster such a project, and also
indicated there could be federal funds to assist with such an endeavor.
Ci[v Manaaer Comments — Dave Mercier
Mc Mercier had no additional comments.
7. Executive Session: Land Acquisition -[RCW 42.30.110(1)(b) and Potential Litigation [RCW
4230.110(1)(i).
It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to adjourn inlo executive
session to discuss land acquisition and potential litigation for approximately thirty mintttes, and that no
action is anticipated upon return. Council adjourned into executive session at 8:55 p.m. Mayor Munson
declared Council out of executive session at 929. It was then moved by Councilmember Schimmels,
seconded and unanimously agreed to adjourn. The meeting adjourned at 9:30 p.m.
ATTEST:
Richard M. Munson, Mayor
Christine Bainbridge, City Clerk
Council MeetingMinutes: l0-20-09 Page 1! ojll
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MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, October 27, 2009
Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 170th meeting.
Attendance: Citv Staff.'
Rich Munson, Mayor Dave Mercier, CiTy Manager
Dick Denenny, Deputy Mayor Mike Connelly, City Attomey
Rose Dempsey, Councilmember Mike Stone, Parks & Recreation Director
Bill Gothmann, Councilmember Ken Thompson, Finance Director
Ian Robertson, Councilmember Neil Kersten, Public Works Director
Gary Schimmels, Councilmember Kathy McClung, Community Development Dir.
Diana Wilhite, Councilmember Rick VanLeuven, Police Chief
John Hohman, Sr. Development Engineer
Cary Driskell, Deputy City Attorney
Lori Barlow, Associate Planner
Greg McCormick, Planning Manager
Morgan Koudelka, Sr. Administrative Analyst
Gloria Mantz, Stormwater Engineer
Henry Allen, Development Engineer
John Pietro, Administrative Analyst
Mike Basinger, Senior Planner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: In the absence of a pastor, Councilmember Robertson gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Denenny, seconded and unanimously
agreed to approve the agenda as presented.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMNIITTEE. BOARD, LIAISON SUMMARY REPORTS:
Councilmember Schimmels: reported that he attended the County sponsored Regional Wastewater
meeting last week, and said it appears much like the efforts toward the street utility, there is a lot of talk
and nothing happening, but said he still has high hopes.
Councilmember Wilhite: said she attended the Lodging Tax Committee meeting where they. reviewed
allocation of funds and said that recommendation will be coming before Council within the next few
weeks; went to the National Association of Women Business Owners' 100'" anniversary and as that
organization's Past President, was pleased to have represented Spokane Valley at that function.
Councilmember Robertson: reported that he attended the Solid Waste management meeting and said he
was impressed seeing the various mayors and members of the County Board of Commissioners working
together, along with members of Kootenai County, on this regional topic.
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Councilmember Gothmann: explained that he attended the SVBA (Spokane Valley Business Association)
Meeting; attended some Health Department meetings and said that it is now being reported that the H1N1
flu is now killing children, and he suggested people in those suscep[ible groups get their flu shot, he
attended the Employmen[ Security's ten-year anniversary; attended the Meals on Wheels appreciation
dinner held at Good Sanitarium; attended the Central Valley School District focus group which is trying
to strategically analyze its future direction; said he visited with Susan Meyer of the Spokane Transit
Authoriry along with Airway Heights City Manager Albert Tripp and County Engineer Bob Brueggeman
regarding the Transportation Improvement Board.
Councilmember Dempsev: said she also attended the SVBA meeting last week; attended the ITA Board
Meeting (International Trade Alliance) which was the first board meeting with the new board at which
meeting they spent most of the time telling everyone what they did and she mentioned that ITA brings in
more dollars into the County than tourism.
Deautv Mavor Denennv: said he also went to the wastewater meeting and feels this is a good opportunity
to bring everyone together to discuss the issue, and said he feels once Mr. Maxwell gets involved, we will
see some good results; he attended the STA meeting which revolved around the budget, and said the
projection is for a revenue decrease at 1-2% for next year, and in response they will be looking at 2%
reduction in services; and said that las[ week he gave testimony at the Community College for the public
process with the DepaRment of Ecology regarding the TMDL (total maximum daily load) and the
ongoing attempt to get that finally resolved so a permit can be issued.
MAYOR'S REPORT: Mayor Munson said he checked the election balbt statistics and at this point, less
than ]0,000 people have voted and he urged everyone to vote. Mayor Munson reported that he attended
the GMA (Growth Management Act) Steering Committee meeting where they discussed some additions
to the growth management areas which were denied by the Committee, and said that this is an advisory
committee to the County Commissioners which makes the final determination as it must meet the
standards of the County-Wide Planning Policies; he attended the wastewater meeting and spoke with
Mayor Verner and others about services which could be consolidated; he hosted seventeen oub scouts
October 21 at City Hall; attended the STA meeting and said if revenues don't improve, we could see up to
a 7% reduction over the next few years; he attended the Chamber Transportation Committee meeting
where they hear�l from the "Good Roads" people who are sponsoring an effort to get funding for the
North/South Freeway; he attended a leadership breakfast hosted by Whitworth college; had an
opportunity to do a ride along with a member of the local police department; mentioned that the
Association of Washington Cities is putting together a federal agenda in an attempt to approach the
federal delegation with issues that affect Washington State, like infrastructure and health care; that this
morning he attended a 91 I Board meeting which diswssed budgets; and he met with several people from
the Aging and Long Term Care of Eastern Washington, which is a regional group funded by five member
counties and entities, which group provides programs for the aging population, and said he hopes to have
a representative from that group address Council in December so Council can get an idea of exactly what
they do as they seek Council representation on their board, which requires about $14,000 annually, and
Mayor Munson said we normally fund these types of issues through the outside agency funding, so this
will need to be discussed by CounciL Mayor Munson said he also attended a meeting with the leadership
of Greater Spokane, Inc; and attended the Navy Ball.
PUBLIC COMMENTS: Mayor Munson invited general public comments; no comments were offered.
1. PUBLIC HEARING: Amendin¢ 2009 Bud¢et — Ken Thompson
Mayor Munson opened the public hearing at 6:24 p.m. and invited Finance Director Thompson to the
podium. Mr. Thompson explained that state law requires a public hearing and an amendment to the
budget when we believe we will exceed our appropriations; that there are several changes in funds as
noted on his accompanying "Eachibit A Amendments to the 2009 BudgeY', including the street fund, debt
service fund, capitai grants, the Barker Bridge, and Parks Capital; adding that the street improvements at
Council Regular Meeting 10-27-2009 Page 2 of 9
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12`" and Blake were due to a local utiliTy water line breaking which damaged the road, and he said he
expects we will be reimbursed by the local utility. Mayor Munson invited public comments; no comments
were offered and Mayor Munson closed the public hearing at 627 p.m.
2. PUBLIC HEARING: Communitv Development Block Grant (CDBGI — Gree McCormick
Mayor Munson opened the public hearing at 6:27.5 and invited Planning Manager McCormick to the
podium. Mc McCormick explained that Spokane CounTy has estimated receiving $I,550,000 in CDBG
funding for 2010 year, tha[ in 2008 Spokane County agreed to establish a 20% set aside for [he City of
Spokane Valley capital projects, which would result in an estimated $312,000. Mc McCormick said [he
only project is the Corbin Sewer Project, full width paving in conjunction with the County sewer project,
with estimated costs of $778,507; that we would be limited to the $310,000 and will need to decide how
to handle the difference. Mayor Munson invited public comments; no comments were offered and Mayor
Munson cbsed the public hearing at 629 .m.
3. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a. Approval of the following claim vouchers:
VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT
10-09-2009 18590-18626;1005090012 and $694,585.16
]008090021
10-16-2009 18628-18659 $133,44136
10-19-2009 18660-18732 $928,03939
GRAND TOTAL $1,756,06591
b. Approval of Payroll for pay period ending October 15, 2009: $246,963.04
�n ..i «,...e.,a r ,.»,._ n,.,.,. -r_.,:�as a �Ia4ienal RPereafien'Frail
d. Approval of Council Meeting Minutes of September 29, 2009
e. Approval of Council Meeting Mirmtes of October 6, 2009
f. Approval of Council Meeting Minutes of October 13, 2009
Deputy Mayor Denenny asked that item q the Centennial Trail Letter, be removed to discuss separately.
It was then naoved by Councilmember Gothmann, seconded, and unanimously agreed to approve the
consen! agenda with the exception oJitem 3c.
c. Approval to send Letter Reco nizing Centennial Trail as a National Recreation Trail
Parks and Recreation Director Stone explained that he revised the Request for Council Action form to
further explain the criteria for the National Trail Status, and that he also included the draft letter for
council consideration. Mr. Stone said that although we are not the property owner, the letter of support is
being ask from jurisdictions and municipalities as paR of the requirements of the designation; and that
such designation allows the trail to be listed throughout the United States as a trail of local and regional
significance, which gives the trail tremendous exposure, and enables us to apply for additional funding
and grants as noted in his Request for Council Action form. Mr. Stone also noted as part of this process,
that the trail must remain open for public use for at least ten consecutive years, and he again confirmed
we would have no financial responsibility. It was then moved by Deputy Mayor Denenny, seconded and
unanimously agreed to send a letter oj recognition regarding the Centennial Trail's request to be
designated as a national recreational trial.
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NEW BUSINESS
4 Second Readin� Proposed Ordinance 09-017 Code Amendment CTA O1-09 Communitv Facilities
Zone — Karen Kendall
Afrer City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and
seconded, !o approve ordinance 09-017. Assistant Planner Kendall explained via her PowerPoint
presentation, of the proposed changes to Title 19 which include new language concerning community
facilities, moving already existing language from 19.40.030 to 10.40.010 concerning public utility
[ransmission facility, adding general provisions to 19.60.010 conceming mobile food vendors, and
replacing the community facilities district with the Parks/Open Space designation. Mayor Munson invited
public comment; no comments were offered. Yate by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried.
5 First Readin¢ Proposed Ordinance 09-031 Residential Li¢htin¢ — Christina Janssen
Afrer City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded, to advance ordinance 09-031 to a second reading. Planning Manager McCormick, for
Christina Janssen, explained that the changes as recommended by the Planning Commission include a
new section concerning design standards with regard to outdoor residential lighting; and said that there
were some concems about this item and it was removed from the batch code amendments; that staff spoke
with the ci[izen who initially voiced the concern about outdoor lighting, and said he feels this addresses
the situation. Mr. McCormick also said that these regulations would apply to new homes, not to existing
lights, but to any new lights. Mayor Munson invited public comment; no comments were offered. Vote
by Acclamation.• In Favor: Unanimous. Opposed: None. Abstentrons: None. Motion carried.
6 First Readin¢ Proposed Ordinance 09-032, CTA OS-09, Affordable Housina — Mike BasinQer
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and
seconded to advance ordinance 09-032 to a second reading. Senior Planner Basinger explained that
when the Comprehensive Plan was adopted in 2006, it included several policies and goals regarding
affordable housing; and that Policy HP-13 calls for development regulations and incentives that
encourage greater diversity of housing types, costs and designs that may include bonus incentives,
clustering, and transfer development rights; he said the intent of the proposed text amendment is to
develop regulations that promote affordable housing in the various named districts; that staff presented
the proposed amendments to the Planning Commission which held a public hearing on the amendments
October 8. Mr. Basinger also noted that these amendments were reviewed by our legal department which
provided some suggested changes for council consideration, and he handed said changes to the Clerk who
will distribute them to Council prior to the second reading. Mayor Munson invi[ed public comment.
Art Noll, Development Director with Spokane Housine Authoriri (dba Northwest Washington Housing
Solutions), 55 W. Mission, Sui[e 104, Spokane: said he is pleased to support this amendment to the
zoning code and that Spokane Housing Authority would be happy to assist with implemen[ation if
needed.
Sheryldene Rogers, Residential Development with the Barbieri Company, 818 W. Riverside, Suite 300
Said she supports this amendment; for sixteen years she has represented non-profit clients in development
special needs conceming housing for low income or those with disabilities; she said it is the intent of
Congress to save taxpayer money down the road, and these projects must be an asset to the community,
and most provide high levels of services of the residents; that there is no return on investment for any
non-profit or other stakeholders involved, but there is a huge economic benefit to the jurisdiction in which
these are built; she said the more units on a site the Iower per unit cost; that people need the choice of
going to a higher or lower density; and said she is pleased the Ciry recognizes the need for affordable
housing.
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Chuck Keefer. 13006 East 25` Avenue, 9921'6: said he is here as a private citizen to speak in favor of the
adoption of the amendment; and to speak on behalf of the need for low income senior citizens housing;
that he was the President of Grays Court Corporation during its initial planning and construction and said
Grays Court is a HUD 202 project on Broadway off McDonald, which was completed about thirteen and
a half years ago; and when they opened they had full capacity immediately; and over the past years the
need has increased, but there are no other housing facilities built in this City to his knowledge; and he said
he feels the reason is because it is a difficult project and process; that HUD offers to fund these projects
once a year and this year it offered to fund 55 units in the State; and according to HUD's estimates,
Spokane County is underserved for those housing units by almost 3,000.
Vote by Acc[amation to advance ordinance 09-032 to a second reading: In favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried.
7. Proaosed Resolution 09-016 ShorelineMaster Proeram — Lori Barlow
It was moved by Deputy Mayor Denenny and seconded to approve resolution #09-016 accepting the
public participation plan for the 2009 Shoreline Master Program update. Associate Planner Barlow
explained the Shoreline Master Plan (SMP) update process; the requirements per the State Statutes of
involvemen[ of all interested persons and entities and of the efforts to inform the people about the
program; the various public participation program elements, tasks of the technical review group, planned
open house and community meetings, task of the Shoreline Advisory Committee, and of the need to
maintain a webpage for press releases, and to provide opportuniry for comment. Ms. Badow also
explained about the informational mailings, e-mail notifications and mailing lists; and spoke of the
involvement with the Planning Commission in such things as study sessions and holding public hearings,
that the Council can expect quarterly updates, will be asked to consider acceptance of each phase of the
SMP; and will also hold a public hearing prior to final adoption. In response to council questions, Ms.
Barlow said the shorelines within our city include Spokane River, Shelley Lake, and the rivo gravel pits.
There was council/staff discussion conceming the context of the notice to property owners, and Ms.
Barlow said that the notice did not include a statement to encourage citizens to be part of the development
as it could affect their ability to use their property; and Council asked that Ms. Barlow send Council a
copy of the mailing notification and the notice of the open house. After some brief discussion about
funding and that the aforementioned committees would be not need mayoral appointment, Mayor Munson
invited public comments. No comments were offered. Yote by Acclamation: In favor. Unanimous.
Opposed: None. Abstentions: None. Motion carried.
8. Motion Consideration: 2010 CDBG Projects — Gree McCormick/Steve Worley
It was moved by Deputy Mayor Denenny and seconded to direct staff to prepare the CDBG application
for the selected project. Planning Manager McCormick explained that the only project for consideration is
the Corbin Sewer Project, a full-width paving project in conjunction with the County sewer project, with
an estimated cost of $778,507; and that the sef-aside for Spokane Valley infrastructure projects is
$310,000. Mayor Munson invited public comment; no comments were offered. Vote by acclamation: In
favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
9. Motion Consideration: Park Maintenance Contract—Mike Stone
It was moved by Councilmember Robertson and seconded to approve a new contract with Senske Lawn
and Tree Care in the amount oj$560.532.25 for the 2010 Park Maintenance contract and authorize the
City Manager or designee to execute said contract. Parks and Recreation Direc[or Stone explained that
this is the end of a long process; that staff moved forward with this as a bid package as opposed to an RFP
(request for proposal); that three bids were received with the lowest responsive bid being submitted by
Senske, and Mr. Stone said that this bid is $48,000 less than the first contract with Senske in 2005, and
$85,000 less than the current contract for 2009; and said he felt one of the key factors to this bid was the
Council Regular Meeting 10-27-2009 Page 5 of 9
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potential seven year contract. Mayor Munson invited public comment; no comments were offered. Vote
by acclamation.• In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
10. Motion Consideration: Aquatics Contract — Mike Stone
It was moved by Councilmember Wilhite and seconded to approve a new contract with the YMCA for
operation and maintenance oj our pool facilities and authorize the Ciry Manager or his designee to
execute said contract. Parks and Recreation Director Stone explained that only one response was
received, that from the Y, and that this is a one-year contract with option for four renewals. Mayor
Munson invited public comment; no comments were offered. Vote by acclamatron: In favor. Unanimous.
Opposed: None. Abstentions.• None. Motion carried.
Mayor Munson called for a short break at 7:40 p.m. and reconvened the meeting at 7:47 p.m.
PUBLIC COMMENTS: Mayor Munson invited general public comments; no comments were offered.
ADD�IINISTRATIVE REPORTS
11. Related Court Services Studv — Morgan Koudelka; Anne Pflug, Washine,ton Department of
Commerce
Senior Administrative Analyst Koudelka gave a brief background on this issue explaining that Council
directed the City Manager to conduct an alternatives analysis of all remaining County contracts; and also
that the state statute notification guidelines required that the City provide termination notice for the Court
contract by February 1, 2009 or continue the contract until 2014; and that Council decided to provide the
termination notice with the understanding it was to allow time to conduct an analysis of service options;
and that the County agreed the City could rescind the termination notice by December 1, 2009. Mr.
Koudelka explained that the City hired Anne Pflug of the Washington State Department of Commerce, to
conduct the analysis of the court and court-related services, including prosecution, public defense,
probation, and pre-trial; and he expressed thanks to Spokane County District Court and the City of
Spokane for their cooperation, courtesy and helpfulness in this endeavor.
Ms. Pflug explained that this is part one of the study requested by the City, and part two will come at a
later date; that tonight's focus is on the court portion. Via her PowerPoint presentation, Ms. Pflug
explained that the problem statement was to determine the feasibiliTy of alternative justice services
provision in advance of the potential loss of the current service provider, Spokane County and its District
court; she reviewed the study questions, explained their approach to the study; gave background on the
criminal justice system and the average misdemeanor costs; went over caseload profile for 2008 cases;
explained the distinguishing characteristics of the court caseload; went over the cour[ operations and
facilities; explained the key performance indicators for court performance; went over the performance
indicator concerning the hearings per case filed in 2008 as well as the revemie collected per case filed in
2008; discussed the evaluation process for District Court and Spokane and of streamlining initiatives;
went over the rough court cost comparison between 2007 and 2008; discussed wstomer service and
current and potential court facilities and judicial options concerning meeting expectations of fairness and
professionalism; talked about the location assumptions of the Spokane Valley Municipal Court option
including staffing assumptions, facility, and short term and mid to long-term impacts; and went over the
contract with the City of Spokane for couR administration also including location assumptions, staffing
assumptions, feasibility and short and mid to long term impacts; and explained the same type of analysis
with the Spokane County District Court. Policy considerations for Council, she explained included
willing and active partner; motivation and capacity to meet mutual criminal justice goals; impact on
quality of justice; and impact on speed and cost.
Her financial analysis summary was that all three options are financially feasible, with the District Court
contract option the least expensive in the short and mid-term; that the City of Spokane Contract option
Council Regular Meeting 10-27-2009 Page 6 of 9
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does not break even assuming fee and fine collections practices and operating results are unchanged; that
the Spokane Valley Municipal Court option has the highest start-up, shoR and medium term costs; but
breaks even in year five assuming fee and fine assessment practices are modified to meet the state
average. Ms. Pflug said all three options are feasible from a legal, operating and financial perspective; and
said the City could reduce overall criminal justice costs i� the short and mid-term by implementing
additional DWLS (driving while license suspended) case management programs and jail altematives for
pre and post-sentence lower risk offenders. Ms. Pflug also noted the status of working relationships, and
concluded that the parties have come a long way in re-organizing service delivery since incorporation;
and recommended consideration be given to improving Spokane Valley's attractiveness as a contracting
customer and/or partner by better defining the city's expectations and goals. She also summarized couR
operations and recommendations including evaluation of the existing initiatives to reduce the impact of
Ihe DWLS-3 caseload; followed by future service delivery and associated recommendations.
Mayor Munson then invited Judge Gregg Tripp of the Spokane County District Court, and Virginia
Rockwood, District Court Administrator for Spokane Valley, to speak.
Judge Tripp confirmed that they are committed to serve the public of Spokane Valley in the city of
Spokane Valley; and he and Ms. Rockwood discussed budget issues and mentioned that they intend to
maintain a presence here with no service cuts; that most citizens everywhere aze aware of potential
upcoming law enforcement budget cuts; that they find Ms. Pflug's analysis one of the mos[ detailed and
comprehensive they have been imolved with; and that her findings are accurate and based on numerous
hours of interviewers in the offices dealing with pre-trial, probation, and most important, that they
conducted blind tests. Deputy Mayor Denenny voiced his concem that there would be no reduction in
services; he said the findings and the report are very positive but if reductions occur, Spokane Valley
doesn't want to end up paying for administrative costs as we aze not asking for any reductions; and said
the desire is to maintain the same service at the same load. Judge Tripp said they just voted on a cost-
savings measure, of dealing with papenvork on-line rather than printing and distributing; and said by
using the service on-line, it reduces the wait time, and they are examining ways to expedite traffic
citations on-line as well; he said they realize they will lose some staff but are not sure which positions or
how many; and expects Spokane Valley would not be treated any worse and would be treated as well as
others; that there is a contract and they will Iry to make it work as best they can. Ms. Rockwood added
that the cost per case includes such things as pre-trial services, jail, probation, and other factors; and
Judge Tripp said that after their day-long meeting with the consultant, they are researching ways to
dispose of 50% of the criminal cases in the first court appearance; and said they are always looking for
ways to reduce the number of hearings.
At 9:05 p.m. it was moved by Depury Mayor Denenny, seconded and unanimously agreed to extend the
meetingfor 30 minutes.
Other issues discussed included the desire to move toward some performance based modeling so the
citizens are aware of the performance measures; the need for all parties to work together to determine
what operating standards are desired and how to define, measure and achieve those results; discussion oF
early case resolution; mention that the Spokane Valley traffic infractions are done at the Valley location
and E-ticket mitigations are being researched. Ms. Rockwood also stated that all county departments were
asked to reduce between 10 and 12 %. Mr. Mercier commented that they are concemed about what level
of impairment might beset the district court system with 2010 budget reductions and depending on which
economic forecast is used, the picture is not likely to be better in 2011; he said the Court's efforts are
applauded in streamling, and Spokane Valley realizes this is a concem which cannot be completely
addressed at tonighYs meeting; and said that the determination as to whether court services remain to
community residents rests primarily with the Board of County Commissioners in their budget authority.
Mr. Mercier also mentioned that it would be comfoRing to the community to have some sense of
Council Regular Meeting 10-27-2009 Page 7 of 9
Approved by Council:
DRAFT
collective commitment moving forward to reconcile these opportunities; and he enumerated a shoR list of
items from the study and said he would solicit the judiciary's response by November 10, on where they
might convey their ideas they think are worthwhile and which have a sense of workability, and the list
would include the mutual setting of goals and performance measures and reporting system, would address
the overriding concern of some assurance to have direct access to court services within our city (imits,
preferably at the curren[ precinct building; and disposi[ion ofjudicial cuts, to include imwstody video
hearings; electronic home monitoring; early case resolution; DWLS-3 (options for case load reductions),
and authorized monetary assessments allowed by law included in sentencing and increasing revenue
collections; and again said we would apprecia[e hearing back with written communication by November
] 0 if possible; and Judge Tripp responded that they look forward to working with us.
It was moved by Coamcilmember Wilhite, seconded and unanimously agreed to extend the meeting to 9.•45
p. m.
12. Street Standards—John Hohman
Senior Development Engineer John Hohman and Development Engineer Gloria Manfz explained that this
report is a culmination of about one and one-half years' work. Mr. Hohman went through his PowerPoint
presentation, which explained that the street standards is a technical manual that addresses goals and
policies of the adopted City of Spokane Valley Comprehensive Plan related to transportation; that it
establishes development engineer street-related improvement requirements for land actions and building
permits; establishes technical requirements for such things as street design and materials; improves
emergency access; provides conformity to existing and future streets; establishes criteria for use of private
versus public streets, and that it is to be used with Spokane Regional Stormwater Manual to regulate the
engineer elements of development projects. Mr. Hohman went over some of the reasons to adopt street
standards, explained the comprehensive plan goals and policies which require the establishment of design
standards for transportation facilities, briefly did a comparison of existing and proposed standards, and
pointed out the areas where no changes are proposed; discussed public involvement, the adoptions
schedule and the organization of the street standards manual. Chapter 2 of the manual, Mr. Hohman
explained, contains the development engineering requirements and explains the typical improvements for
short plats with less than four lots, or more than five lots, long plats, binding site plans, building permits
for typical improvements, modifications to the standard section, and possible reduced sections for local
access street; adding that requirements established in Chapter 2 can be modified through a variance, and
the technical requirements in the remainder of the street standards can be modified through a design
deviation.
Stormwater Engineer Mantz discussed Chapter 3 traffic analysis; Chapter 4 Plan Submittal requirements;
Chapter 5 Land disturbing activities (grading); Chapter 6 utilities; Chapter 7 street elements, including
public and private streets and driveways; and Chapter 8 pavement design.
It was moved by Depzrty Mayor Denenny, seconded and unanimozrsly agreed to extend the meeting to
10: 00 p. m.
Senior Engineer Hohman discussed the remaining chapters of the plan, including inspection and
certification; maintenance; standard plans for streets, utilities, stormwater and traffia Mr. Hohman said
this plan has larger ramifications then just to the City of Spokane Valley; that staff has been in
discussions with Spokane County and the City of Spokane in developing regional standards; and said that
the jurisdictions have reviewed the document and feel it is in-depth and a good draft to use; although the
City of Spokane might choose not to participate, although circumstances could change later regarding that
decision; and all agreed this could be used as a starting point for a regional document similar to the
regional stormwater manuaL Mr. Hohman also noted that Spokane County is doing some minor changes;
that there are only two people in the County's Development Engineering so while they are not overly
Council Regular Meeting 10-27-2009 Page 8 of 9
Approved by Council:
DR,9FT
excited about this project, he said they would work with us; and he reminded everyone that the
stormwater manual took five years to complete and that this document could likely take longer.
11 was moved by Deputy Mayor Denenny, seconded and unanimously agreed to extend the meeting to
IO: IO p. m.
Mc Hohman said that City and CounTy staff came to resolution on what the geometrics should look like
and that is already included in document for items such as lane width and connectivity, which were things
agreed on at staff level from a technical standpoint; so he said change for that won't be necessary and the
County wouldn't have to administer anything differently. In response to Council question about notifying
stakeholders about this coming up for a first reading November 17, Mr. Hohman said that staff can notify
them, and that this issue was brought up at the October 1�` Developer's Forum, and said he will lay out
those dates again. Council thanked staff for their work on this project; and also thanked Anne Pflug for
her work on the court study.
INFORMATION ONLY: The Departmental reports, Association of Washington Cities Wellness
Program, Greater Spokane, Inc Quarterly Report, and the Spokane County Library District Quarterly
report were not reported or discussed.
EXECUTIVE SESSION: It was moved by Deputy Mayor Denenny, seconded and unanimously agreed
to adjourn rnto executive session for the purpose of discussing potential litigation pursuant to RCW
42.30.110(1)(i); Ihat council anticipates being back into regular session in hventy minutes; and [ha[ no
decisions would be made upon return. Council adjourned into executive session at 10:09 p.m. At 10:27
Mayor Munson declared Council out of executive session. It was then moved by Depzrty Mayor Denenny,
seconded and unanimously agreed to adjourn. The meeting adjourned at 10:28 p.m.
ATTEST:
Richard M. Munson, Mayor
Christine Bainbridge, City Clerk
Council Regular Meeting 10-29-2009 Page 9 of 9
Approved by Council:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report � pending legislation
AGENDA ITEM TITLE: Second Reading Proposed Ordinance 09-031.
GOVERNING LEGISLATION: RCW 36.70A and RCW 36.70B �
PREVIOUS COUNCIL ACTION TAKEN: The proposed code revisions were included in a
"batch amendment" in 2008. Staff requested this item be withdrawn from the batch
amendments due to potential conflicts with public street lighting. This item was presented to
Council at a study session on October 6, 2009.
BACKGROUND: The SVMC development regulations were adopted in September of 2007 and
were effective October 28`", 2007. Following the adoption of the code, a number of items were
discovered which were incorrect, impractical, or omitted. The SVMC contained lighting
provisions for commercial and industrial areas but lighting standards for residential areas were
inadvertently omitted. This issue was included in a"batch" amendment in 2008, however was
taken out of the batch amendment due to potential conflicts with public street lighting.
The proposed revisions were presented to the Planning Commission at a public hearing on
September 24, 2009. At the conclusion of the hearing, the Commission recommended the
changes as indicated in the attached Ordinance.
ANALYSIS: Below are the changes being recommended by the Planning Commission:
New Section:
F. The followinq desiqn standards applv to all outdoor liqhtinq in residential zones
1 All new develoqment shall provide liqhtinq within parkinq lots alonq pedestrian
walkwavs and accessible routes of travel.
2. Liqhtinq fixtures shall be limited to heiqhts of no more than twentv-four feet for oarkinq
lots and no more than sixteen feet for pedestrian walkwavs
3 Ali liqhtinq shall be shielded from oroducinq off-site qlare either throuqh exterior
shields or throuqh optical desiqn inside the fixture and shall not emit liaht above 90
deqrees.
4. Street Iiqhtinq installed bv the Citv of Spokane Vallev or other qublic utilities is exempt
from these requlations.
OPTIONS: Proceed as proposed, or as modified; or direct staff further
RECOMMENDED ACTION OR MOTION: Approve Ordinance 09-031.
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Christina Janssen — Assistant Planner; Greg McCormick, AICP — Planning
Division Manager
ATTACHMENTS:
Ordinance 09-031
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 09-031
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON AMENDING ORDINANCE 07-015 SPOKANE VALLEY MUNICII'AL
CODE SECTION 19.40.010 - GENERAL PROVISIONS ADDING REQUIIiEMENTS
FOR OUTDOOR LIGHTING IN RESIDENTIAL ZONING DISTRICTS AS FOLLOWS:
WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to
Ordinance 07-015, on the 25th day of September, 2007; and
WHEREAS, the UDC became effective on the 28th day of October, 2007; and
WHEREAS, this item was part of a batch code revision in 2008 that was deferred at the request of city
stafF; and
WHEREAS, the proposed amendment is consistent with goals and policies of the City's Comprehensive
Plan; and
WHEREAS, die CiTy provided a copy of the proposed amendment to the Washington State Department
of Commerce initiating a 60 day comment period consistent with RCW 36.70A.106; and
WHEREAS, the proposed amendment bears a substantial relation to the public health, safety and welfare
and protection of the environment; and
WHEREAS, the Spokane Valley Planning Commission held a public hearing on this matter on
September 24th, 2009 and determined to add provisions for outdoor lighting in residential zoning districts
(R-1, R-2, R-3 and R-4); and
WHEREAS, on October 6, 2009 the City Council reviewed the proposed amendments.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH
BELOW:
Section One: Spokane Valley Municipal Code Chapter 19.40A10 - General Provisions shall be
amended as follows:
19.40.010 General Provisions
A. No principal or accessory structure shall be located within the clearview triangle (Chapter
22.70 SVMC).
B. In the districts where the height oF buildings is restricted to 35 feet, cooling towers, roof
gables, chimneys and vent stacks may extend for an additional height, not to exceed 40 feet,
above the average grade line of the building. Water stand pipes and tanks, church steeples, domes
and spires and school buildings and institutionaf buildings may be erected to exceed maximum
height requirements; provided, that one additional Foot shall be added to the width and depth of
front, side and rear yards for each foot that such structures exceed the required height.
C. No structure may be erected to a height in excess of that permitted by applicable airport hazard
zoning regulations.
Ordinance 09-031 Page 1 of 2
DRAFT
D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any
� residential zone. Guests may park and/or occupy a recreational vehicle while visiting the
occupants of a dwelling unit located on the same lot for not more than 30 days in one consecutive
12-month period. The intent is to accommodate visiting guests and not to allow the recreational
vehicle to be used as a dwelling unit.
E. The following features attached to structures are allowed as exceptions to the setback
standards:
1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire
escapes, bay windows no more than 12 feet ]ong and which cantilever beyond the foundation of
the structure, uncovered stairways, and uncovered decks or balconies, may extend into a required
setback up to 20 percent of the depth of the setback. However, they may not be within three feet
of a lot line when a setback is required. Wheelchair ramps are allowed to project into the setback
based on SVMC Title 24, Building Codes. Attached mechanical equipmeut such as heat pumps,
air conditioners, emergency generators and water pumps are allowed to project into the side or
rearsetback only.
F. The followin�gn standards apply to all outdoor li lg itin� in residential zones:
1. All new development shall provide li�htin� within parking lots, along aedestrian
walkwavs and accessible routes of travel.
2. Lighting fixtures shall be limited to heights of no more than rivenri-four feet for
parking lots and no more than sixteen feet for nedestrian walkwa �}_s.
3. All lighting shall be shielded from producing off-site glare, either throu�h exterior
shields or through optical design inside the fixture, and shall not emit light above 90
de�rees.
4. Street li�htin� installed by the Citv of Spokane Vallev or other public utilities is
exempt from these regulations.
Section Two: Severability. If any section, sentence, clause or phrases of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of
this Ordinance.
Section Three: 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 law.
Passed by the City Council this _ day of , 2009.
ATTEST:
Richard M. Munson, Mayor
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 09-031 Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign off:
Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
FILE NUMBER: CTA-05-09
AGENDA ITEM TITLE: Second Reading Ordinance 09-032, Amendment to Spokane Valley
Municipal Code (SVMC) Title 19.
DESCRIPTION OF PROPOSAL: A privately initiated text amendment to the SVMC providing
density incentives for developments that include an affordable housing component in the
Multifamily Medium Density Residential District (MF-1) and the Multifamily High Density
Residential District (MF-2), Corridor Mixed Use (CMU), Mixed Use Center (MUC), Mixed Use
Avenue (MUA), City Center (CC) and Community Boulevard (CB) district zones.
GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments
PREVIOUS ACTION TAKEN: On October 27, 2009, City Council voted to move Ordinance 09-
032 to a second reading
BACKGROUND: In 2006, the City of Spokane Valley adopted their first Comprehensive Plan.
The Comprehensive Plan includes several policies and goals regarding affordable housing.
Policy HP-1.3 of the Comprehensive Plan calls for development regulations and incentives that
encourage greater diversity of housing types, costs, and designs that may include bonus
incentives, clustering, and transfer development rights.
The intent of the proposed privately initiated text amendment is to develop regulations that
promote affordable housing in Multifamily Medium Density Residential District (MF-1), Multifamily
High Density Residential District (MF-2), Corridor Mixed Use (CMU), Mixed Use (MU), Mixed Use
Avenue (MUA), City Center (CC) and Community Boulevard (CB) zoning classifications by
allowing density bonuses in exchange for the inclusion of affordabie housing uriits within the
development. Staff has developed a recommended regulation in cooperation with Northeast
Washington Housing Solutions, and the applicanYs representatives to provide density incentives
to encourage affordable housing and criteria to ensure the project is well designed and has
additional amenities that contribute to the quality of iife for the residents.
Staff presented the proposed amendments to the Planning Commission at a study session on
October 1, 2009. The Planning Commission held a public hearing on the amendments on
October 8, 2009. An administrative report was provided to City Councii on October 13, 2009.
Staff provided City Council with the Planning Commission's recommendations and findings at the
October 27, 2009 Council meeting. In addition, staff previously provided City Council with
recommended changes from the City Attorney's office. Those recommended changes have now
been incorporated into this draft Ordinance 09-032 for the second reading.
APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides
approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion
stipulates that the proposed amendment(s) must be consistent with the applicable provisions of
1 of 2
the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and
protection of the environment.
OPTIONS: Proceed as recommended by the Planning Commission, modify the proposal, or
provide direction to staff.
RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 09-032
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Mike Basinger, AICP, Senior Planner
ATTACHMENTS: Ordinance 09-032
2of2
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 09-032
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ADOPTING A NEW SECTION OF THE SPOKANE VALLEY
MUNICIPAL CODE, SPECIFICALLY 19.35 RESIDENTIAL DENSITY BONiJS, TO
ESTABLISH DEVELOPMENT REGULATIONS THAT PROMOTE AFFORDABLE
HOUSING IN MF-1, MF-2, CMU, MUC, MUA, CC, AND CB DISTRICT ZONES BY
ALLOWING DENSITY BONUSES IN EXCHANGE FOR THE INCLUSION OF
AFFORDABLE HOUSING UNITS WITHIN THE DEVELOPMENT; AND AMENDING
APPENDIX A TO INCLUDE NEW DEFIIVITIONS AS NOTED HEREIN.
WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (LTDC) pursuant to
Ordinance 07-015, on the 25th day of September, 2007; and
WHEREAS, the UDC became effective on the 28th day of October, 2007; and
WHEREAS, the adopted UDC does not provide the regulatory framework for bonus densities in exchange for
the inclusion of affordable housing; and
WHEREAS, such a regulation is authorized by RCW 36.70A.540; and
WHEREAS, a privately initiated text amendment was received by the City on July 23, 2009 proposing density
bonuses in exchange for affordable housing in MF-1 and MF-2 zoning classifications; and
WHEREAS, through a collaborative process, the applicant, the housing authoriry, and staff developed title
1935 Residential Density Bonus, establishing the regulatory framework for bonus densities in exchange for
the inclusion of affordable housing; and
WIIEREAS, the amendment is consistent with the goals and policies of the City's Comprehensive Plan,
specifically policy HP-13, stating that the Ciry should establish development regulations and incentives for
greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and
transfer of development rights; and
WHEREAS, after reviewing the Environmental Checklist, the city issued an Optional Determination of Non-
significance (DNS) for the proposal, published the DNS in the Valley News Herald, posted the DNS at City
Hall, and at the main branch of the library, and mailed the DNS to all affected public agencies; and
WfIEREAS, the City provided a copy of the proposed amendment to the Departrnent of Commerce initiating
a 60 day comment period pursuant to RC W 36.70A.106; and
WHEREAS, the amended ordinance as set forth beazs a substantial relation to the public health, safety and
welfaze and protection of the environment; and
WHEREAS, on October 1, 2009, the Planning Commission reviewed the proposed amendments; and
WHEREAS, the Planning Commission received evidence, information, public testimony and a staff report and
recommendation at a public hearing on October 8, 2009; and
WHEREAS, the Planning Commission deliberated on October 8, 2009 and subsequently provided a
recommendation; and
Ordinance 09-032 Page 1 of 4
DRAFT
WHEREAS, on October 13, 2009, Council reviewed the proposed amendments; and
WHEREAS, on October 27, 2009, Council considered a first ordinance reading to adopt the proposed
amendment.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
SECTION ONE: Adopting Spokane Vallev Municipal Code Section 1935: SVMC 1935 Residential Density
Bonus is adopted as follows:
Chauter 19.35
RESIDENTIAL DENSITY BONUS
Sections:
1935.010 Purpose
19.35.020 General
1935.030 Applicabilitv
1935.040 Density Calculations
19.35.050 Development Standards
1935.060 Sitin�
1935.070 Approval
1935.080 Affordabilitv Aereement
19 35 O10 Purpose The pumose of this chapter is to provide density incentives to residential
developments to help achieve consistencv with the Growth Management Act the City's Comprehensive Plan,
and countvwide planningpolicies for Spokane Countv.
19.35.020 General. The provisions of this section are available, at the sole discretion of the propertv
owner as incentives to encourage construction of housine affordable to low and moderate-income households .
for new multifamily developments In exchanRe for residential density bonuses, the applicant is required to
provide a well-desiened �roiect with additional amenities contributin t�_quality of life for the residents
19 35 030 Applicabilitv This chapter applies to MF-1 MF-2 CMU MU MUA CC and CB district
zones. Development incorporating affordable housing component may increase the dwelling unit densitv in
the underl,�a zone pursuant to section 1935.040, rounded to the nearest whole number in accordance with
19 35 040 provided that required amenities and site design criteria are met If the densiTy bonus results in an
odd number of housing units the odd unit must be applied as an affordable unit Projects must be a minimum
of twenty units to be eligible for a residential densi bonus.
19.35.040 Densitv Calculations.
A. New multifamil�or mixed-use projects may provide affordable units as part of the project. One bonus
market rate unit is permitted for each affordable unit based on the followin� criteria:
1. Affordable housing units provided to families whose income is at or below 40 percent of
median income mav increase the underlying base densitv by 40 percent.
2. Affordable housin�provided to families whose income is at or below 50 percent of
median income may increase the underl}�ine base densitv b�� 30 percent.
3 Affordable housin ug nits provided to families whose income is at or below 60 percent of
median income mav increase the underlyin� base density by 20 percent.
4. Affordable housing developments may increase the underlying base density an additional 10
percent b�providinQ one of the following�
a. LEED certification or equivalent
b. alternative ener�v
c. covered bus shelter
Ordinance 09-032 Page 2 of 4
DRAFT
d. underground parkin¢
e. other amenities determined by the Director to provide comparative benefits.
5. Affordable housin� develo�ments may also increase their density by providing additional
amenities in the required useable open space:
a. benches and fountain — an additional increase of density up to 5 percent
b. �laveround apparatus — an additional increase in density up to 10 percent
c. sport court — an additional increase in density up to 10 percent
d. Indoor Recreational Facility— an additional increase in density up to 20 percent
e other amenities determined bv the Director to provide comparative design benefits
—additional increase shall not exceed 10 percent
6 NorivithstandinQ nara�raphs 5(a-el overall densitv of a proiect cannotincrease bv more than
60 aercent of the underlving zone rounded to next whole number.
19.35.050 Develooment Standards.
A. The Director may allow the maximum buildin��ht to be exceeded by not more than 25 percent
pursuant to 19.140 of the SVMC
B The Director may allow exceptions to vard setback requirements where the deviation is for 10 percent
or less of the required ,�ard pursuant to 19.140 of the SVMC
C In addition to the open space requirements of SVMC 19 40 020 developments receiving a densitv
bonus under this Chapter shallprovide an additional 5 percent open space (total of 15 percentl to accommodate
the additional residents associated with the residential densitv bonus.
D Site Desi�n Criteria All developments under this provision shall be subject to the following site
desi� criteria.
1. Natural amenities such as views, significant or unique trees, or r�ouping of trees, creeks,
rioarian corridors and similar features unique to the site shall be incorporated into the desien
2 Emphasize rather than obscure natural t000�aohv Buildin�s shall be desi�ned to "step up"
or "step down" hillsides to accommodate si�nificant changes in elevation.
3 Projects shall have design continuitv by using similar elements throu�hout the project such as
architectural style and features, materials, colors, and textures.
4 Placement of�hvsical features such as l�av equipment shall be in visible locations to
maximize the abil� to be seen and therefore creatin� a safe environment that discourages
crime.
5 Parking structures shall be architecturally consistent with exterior architectural elements of the
primary structure(s)� including rooflines faqade desi�n, and finish materials.
6 Pedestrian pathwavs and pedestrian areas shall be delineated by separate paved routes usin¢ a
variation in �aved texture and color and�rotected from abutting vehicle circulation areas with
landscapine or other methods.
19 35 060 Siting The affordable units constructed under the orovisions of this chapter shall be included
within the parcel of land for which the density bonus is r�anted_
19 35 070 Approval Prior to the issuance of an�permit(sl the Ciri shall review and approve the
location and unit mix of the affordable housin units consistent with the above standards as well as the
following standards:
A If the affordable housin dg evelopment has both affordable and market rate units the affordable units
shall be floatinQ units A"Floating" desi a�n tion provides the flexibilitv to maintain a certain number of
affordable units throu�hout the required _period allowin tg he specific units to vary with availability The
floatin� units ensure that affordable units are indistinguishable from and interchaneeable with market-rate
u�
B The desi�n and appearance of affordable housin¢ units shall be compatible with the total housine
development and be consistent with design criteria outlined in SVMC 1935.050(Dl:
Ordinance 09-032 Page 3 of 4
DRAFT
C. Affordable housin2 units shall have an equivalent bedroom mix consistent with the total housin�
development except that the developer may include a higher proportion of affordable housing units with more
bedrooms;
19.35.080 Affordabilit�greement. Prior to issuing a certificate of occupancv, an agreement in a form
acceptable to the Citv that insures compliance with the provisions of 1935 of this code shall be recorded with
Sookane County Auditor's Office. This agreement shall be a covenant running with the land and shall be
binding on the assi�ns, heirs, and successors of the a�plicant.
Affordable housine units that are provided under this section shall remain as affordable for the life of the
�roiect for rental affordable housing units.
SECTION TWO: The following definitions shall be added to Appendix A:
Affordable HousinP: Where the term affordable is used, it refers to the federal definition of affordabilitv
stating that annual housine costs shall not exceed one third of a family's annual income. When establishing
affordability standazds for moderate to extremely low-income families and individuals the median household
income is the amount calculated and published by the United States Department of Housine and Urban
Development each year for Spokane Countv.
Recreational FacilitV, Indoor: A place desi¢ned and eyuipped for the conduct of sports and leisure-time
activities within an enclosed space. Examples include �mnasiums, amusement azcades, health and fitness
clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimmin�pools. This definition
excludes indoor sports arenas, auditoriums, and exhibition halls.
SECTION TFIREE: All other provisions of SVMC Title 19 and Appendix A(Defmitions) not specifically
referenced hereto shall remain in full force and effect.
SECTION FOUR: Severability. If any section, sentence, clause or phrases of this Ordinance should be held
to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, clause, or phrase of this Ordinance.
5ECTION FIVE: 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
law.
Passed by the City Council this_day of , 2009.
ATTEST: Richard M. Munson, Mayor
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the CiTy Attorney
Date of Publication:
Effective Date:
Ordinance 09-032 Page 4 of 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: CheCk all that apply: � consent � old business ❑ new business � public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: First reading of Ordinance 09-033 — Street Standards.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Ordinance 03-033 adopting the Spokane County
Standards for Road and Sewer Construction (County Standards).
A study session was held on November 4, 2008 with City Council. Staff discussed the
objectives of the Street Standards and the adoption scheduled and focused on the differences
between the proposed City Street Standards and the County Standards.
Staff held a study session on March 26, 2009 and April 9, 2009 with Planning Commission. A
hearing was held on September 24, 2009 with Planning Commission. Planning Commission
recommended approval of the Street Standards generally as submitted on September 24, 2009.
A study session was held on City Council on October 27, 2009. City Councii asked staff to send
notices to the stakeholders to announce that the first reading of the ordinance adopting the
Street Standards and proposed changes to SVMC Chapters will be held on November 17, 2009.
A notice was sent to the stakeholders on November 2 2009.
BACKGROUND:
Ordinance 03-033 adopted the Spokane County Standards for Road and Sewer Construction by
reference. Since that time, all development and capital projects have complied with the County's
standards. This provided consistency during the initial years of incorporation. However, the
County standards are focused more on rural developments and have been difficult to work with
on our predominately infill development.
The following are proposed changes to the current street standards:
• Establishing thresholds that trigger requirements for commercial permits
e Requiring that all land divisions improve fronting streets to the applicable standards
• Allowing modifications to local access streets when existing conditions make full
construction unfeasible for projects that meet infill criteria
• Allowing private streets for projects with less than 10 lots and when a public streets is
not needed or possible
• Changing the requirements for private driveways and streets to address Fire Code
requirements;
. Requiring connectivity
• Modifying street intersection and approach spacing to improve access management
• Adding traffic calming requirements
• Increasing the minimum pavement section for local access streets, private streets and
driveways
� Moving all technical requirements currently in UDC to the Street Standards
Staff is proposing changes to SMC title 17, 18, 22, and 24. Changes are necessary because
portions of these sections have engineering technical requirements. These engineering
requirements will be moved to the Street Standards. Additionally, changes are necessary to
address minor inconsistencies, adopt the proposed Street Standards, and add language to
clarify changes in authority due to the re-organization of Community Development and Public
Works.
e Chapter 17.80.030. Changing the reference to the Right-of-way permit in the Table
o Chapter 18.30 and 18.50 Clarifying the authority of the Community Development
Department and Public Works Department. Changes are necessary because of the re-
organization of Public Works and Community Development.
a Chapter 22.20. Deleting portion of Chapter 22.20.080, this information is incorporated in
the Street Standards. Minor changes to language throughout.
o Chapter 22.50. Removing the entire Chapter 22.50.030 and portions of 22.50.040. This
requirement has been moved to the Street Standards.
• Chapter 22.130. Adding language to clarify purpose of chapter, regulated activities,
adopting Street Standards, review process, and authority to impose development
requirements. Clarifying language for reminder of chapter. Removing section for
Regional Pavement Cut Policy, the Street Standards adopt by reference the most
current version of Regionai Pavement Cut Policy, a copy of which is attached for
reference.
• Chapter 24.50. The proposal is a complete re-write of the current grading ordinance to
remove confusing information and clarify applicability and requirements for different land
disturbing activities.
Based on comments received on the September 24, 2009, Staff is recommending the following
changes to the Planning Commission Recommended draft of the Street Standards:
• Chapter 7— Street Design: Added exception for shared access requirements for mixed
use properties.
• Section 8.6.4: Ciarified that a mix designs approved within the last 15 months does not
have been re-verified.
• Section 8.6.5. Changed the compaction requirements to allow averaging the
compaction tests and required a 91 percent compaction.
• Section 8.6.7. Added a reference to a new standard plan.
• Chapter 11 —Added Standard Plan R-127
OPTIONS: To modify Ordinance 09-033 or to advance to second reading.
RECOMMENDED ACTION OR MOTION: Motion to advance Ordinance 09-033 — Street
Standards to second reading. The ordinance adopts the City of Spokane Valley Street
Standards and makes changes to SVMC Chapters 17.80, 18.30, 18.50, 22.20, 22.50, 22.130,
and 24.50.
BUDGET/FINANCIAL IMPACTS: N/A.
STAFF CONTACT: John Hohman, Senior Engineer— Development
ATTACHMENTS Draft ordinance
Planning Commission Recommended Draft of the Street Standards
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHIIVGTON
ORDINANCE NO. 09-033
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WAST3INGTON MODIFYING TITLES 17.80, 18.30, 18,50, 22.20, 22.50, 22.130 AND
24.50 THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE, ADOPTING
NEW STREET STANDARDS, REMOVING ENGINEERING REQUII2EMENTS
INCORPORATED IN THE STREET STANDARDS, AND CLARIFYING LANGUAGE.
WAEREAS, Spokane County adopted Standazds for Road and Sewer Construction effective
April 3, 2001 which included roads and sewers within the City of Spokane Valley; and
WHEREAS, the City of Spokane Valley previously adopted Ordinance 33 which became
effective on the date of incorporation; and
WHEREAS, Ordinance 33 adopted by reference the Spokane Counry Standards for Road and
Sewer Construction as interim standards for road construction within the City; and
WHEREAS, after the date of incorporation, the City of Spokane Valley intended to review,
revise, and as necessary develop its own standards for road construction; and
WHEREAS, the City of Spokane Valley adopted Ordinance 07-015 on the 25`� of September,
2007, which repealed Ordinance 33; and
WHEREAS, Ordinance 07-015 adopted the Uniform Development Code (UDC) which provides
regulations for land use including the Spokane County Standards for Road and Sewer Construction; and
WIiEREAS, the UDC became effective on October 28, 2007; and
WHEREAS, in order to maintain the proper function of street infrastructure, maintain and
improve street safety, and provide for future street expansion within the City, it is necessary to update the
City of Spokane Valley standards for road construction; and
WHEREAS, the proposed Street Standards are consistent with the TranspoRation goals and
policies of the Comprehensive Plan; and
WHEREAS, the Planning Commission held study sessions on March 26, 2009 and April 9,
2009; and
WFIEREAS, a public hearing was held by the Planning Commission on September 24, 2009 and
the Planning Commission recommend approval of the Street Standards generally as submitted; and
WAEREAS, In accordance with RCA 36.70A.106A, copy of the proposed Street Standards was
sent to the Department of Commerce on December 22, 2008 and the code revisions were sent on October
19, 2009.
NOW THEREFORE, the City Councii of the City of Spokane Valley, Washington do ordain as
follows:
Ordinance 09- Street Standards Page 1 of 28
DRAFT
Section 1. SVMC Tifle 22.130. This ordinance makes changes to SVMC Title 22.130, this title
adopts the street standards and is hereby established to read as follows:
Chapter 22.130
, DEVELOPMENT TRANSPORTATION
IMPROVEMENTS
22130.010 Purposeancl-iate»E.
The purpose of this chapter is Y ^ �� ^ ° ^ C......�:.... ..F ..�..ees.. ,..we..:,,1.. ,....i .we_.,.,,a.,.e..
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A. Maintain the prooer function of street infrastructure; �
B. Maintain and �improve ree�wey- street safety;
�C. Provide for readway-future sheet expansion;
t � o,....ti,:�u..,...._,...a ..............a
D. Identify reyuirements that may be imposed upon development �roiects and permits defined in
22.130A20. ri •a .ti .. u,._:« ,.c «�.., a,....,i,..,»...... ....� .:...... ......:... e..,.:..ee. :.. .e,.,..a «,. �tie_s,..,�
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22.130.020 Reeulated ActiviHes.
All new development approvals and permits as set in SVMC 17.80, unless exem�t pursuant to SVMC
17.80.040 shall com�ly with this chapter.
22.130.030 Authoritv to Develop and Administer Standards
The development services senior en�ineer under the authority of the community development director,
sball develop and administer the Spokane Valley Street Standards (SVMC 22.130.040) and require
development �roiects to provide transportation improvements dedicate right-of-way and border
easements and fumre acquisition areas. These improvements will be required Yo achieve the purpose of
this Chapter and eoals of the currently adopted comprehensive plan. ' ,
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22.130.040 Street Standards. .
Pursuant to RCW 35A11.020 and 35A.12.140, the City adopts, by reference, the City of Spokane
Valley Street Standards (Street Standardsl, and as it mav be amended from time to time. The city clerk
shall maintain a copy on file. ?
22.130.050 Manual on Uniform Traffic Control Devices.
The Washington Manual on Uniform Traffic Control Devices (MLITCD), and as it may be amended
from time to time, is hereby adopted by reference. (Ord. 07-015 § 4, 20071.
22.130.93A-060 Development Proiect and Permit Review Process
�}e�iee�iea.
Ordinance 09- Street Standards Page 2 of 28
DRAFT
Followin� submittal of a completed application pursuant to SVMC 17 80 the �oiect shall be
reviewed to determine co�liance with all a�plicable r�ulations and standards Additional
material and/or anal siv s may be required to demonstrate compliance.
22.130.070 Reauired Imarovements.
A. Prior to the issuance of any approvals for development projects or permits subject to the provisions
of this chapter, the development services senior engineer shall determine the extent and type of
�eadwaystreet —improvements, rieht-of-wav/border easements dedication or designation of future
acquisition areas required, to the e7ctent allowed by the law and pursuant to the following °° °°-a�-�b'��
.1..F., al... ..F�l.e :n�:
�l. The r�T�_°��:.omprehensive ��lan; '
�2. The arterial sVeet map;
63. The street ^�°���:a:rstandards 22.130.0401
4. The manual on uniform traffic control devices identified in SVMC 22.130.050•
5. The local street plan;
6 Information submitted bv the applicant including an�prelimina �r} site plans engneering
r�orts, or other relevant data; and,
en�
�7. A determination of the �he functionel, safety, efficiency and coordinated future expansion
needs of the roadway system to serve the traveling public and emergency vehicles; an�d
8 Portions of the unifonn development code SVMC Title 17-25 that specifically identifv
re�c uired future roadways streets or other ri�ht-of-ways, includin� but not limited to the
Snokane Valle ��-Snraeue Corridors Subazea plan pursuant to SVMC 19 ll 0.020.
B. Requirements ma�nclude but are not limited to:
1 The extent and type of required street improvements pursuant to SVMC 22.130.040�
2 The extent of additional and/or new ri�ht-of-wav and /or border easement needed to support
the required improvements pursuant to SVMC 22.130.040•
3 Desi¢nation of future acquisition areas_piusuant to SVMC 22.130.080•
4 Participation in capital improvement �roiects as included on the adopted six year street
improvement plan. -
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22.130.93�080 Future acquisition areas.
A. When a future acquisition area is designated, a title notice shall be completed and recorded with the
� I county auditor_ � ' . The notice shall run
with the land and shall not be removed or amended prior to approvaL '�� '�— ;�-�a�='=s#=:g
. The notice shall be recorded as soon as possible and, in all
cases, prior to the issuance of a building permit. The notice shall:
1. Include the ta�c pazcel number and the full legal description;
2. Make reference to any related approval file number or permit numbers;
3. Include an e�chibit showin� street names future acquisition areas ri t-of-wavs and their
dimensions r,....._,.,.«��,,.__,....,�_�....a,,._.......:c......_,....:,,.. .
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�s . i.
Ordinance 09- Street Standards Page 3 of 28
DRAFT
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64. Identify any limitations for improvements or features within the acquisition boundary(ies);
�5. Indicate that the future acquisition azea is private proper[y;
S6. Identify the responsibility for relocation or loss of interim features or improvements within
the future acquisition areas; and
9. Be mailed to the property owner's and taspayer's address as shown in the cunent Spokane
CounTy assessor's/treasurer's records, if a complete mailing address is indicated.
The establishing a¢ency may aporove the amendment and removal of the -title notice s4�eN-be-enjer�e�
�. °a ...:�� °° °°�:�^°:^�°a F-^� °��°^ if the arterial �ead-street plan, the local street
rea�map or other conditions change and the recorded title notice is no longer ia}i�necessarv. If the Citv
initiates the amendment or removal of the title notice the ��roperty owners shalk-will be notified of the
change.
B. Building Setback. The required setback of buildings as specified in the underlying zone
classification shall be measured from the future acquisition area boundary. u.,.. _,...,.,.....wi� ..:«e ae.:,..,
..�..«:,... ,. .,...,.:.... ..:«w a.,, r..n ..,..w,.,.i, :� Fe..�:�.�e �Exceptions to the full setback may be
>
administratively granted if:
1. An existing parcel or lot equals or is up to five percent larger than the minimum lot area
required in the underlying zone;�r
2. An existing parcel or lot has an existing building proposed for expansion,;-eF
3. The � -°r --., a° �- - ° a ° .. °'^�T°^•^ licant adequately demonstrates a site
design or use limitation for the existing property.
Such exceptions may be granted; provided, that:
ai. The property is not part of a zone reclassification and/or subdivision application; a�d
�ii. The property has no reasonable alternative site design solution feasible;�
eiii. A title notice is recorded pursuant to this section that further identifies likely impacts
(such as noise, crowding, loss or relocation of improvements) to the site when the feaEkvay-street is
widened in the future; and
I div. The building is located at the greatest setback possible, but in any case shall be no
closer than one-quarter of the required setback from the future acquisition area boundary and shall not be
located within the future acquisition area.
C. Landscaping�rtg.
'.�seagino _Significan[ landscape features, such as trees, shall be located in such a manner
that when the eeadive}�sVeet is widened in the future a significant portion of such landscaping features,
such as matured trees, will not need to be destroyed or relocated. A majoriTy of the trees required in the
curzent landscaping areas shall be planted eight feet from the future acquisition area boundary within the
future planting strip and shall be spaced no less than 60 feet from one another.
I �D. Parking. All on-site pazking required by the underlying zone classification shall be located
outside the future acquisition area. If no reasonable site design solution complying with pazking location
requirements is feasibie, exceptions to these requirements may be administratively granted if:
� al . An existing parcel or lot equals or is up to five percent larger than the minimum lot area of the
underlying zone;
�2. An eacisting parcel or lot has an existing building proposed for expansion; or
e3. The �plicant adequately demonstrates a site
design or use limitation for the existing property.
Such exceptions may be granted; provided, that:
i. The property is not part of a zone reclassification and/or subdivision app]ication;
�
ii. The property has no reasonable altemative site design solution feasible; a�d
iii. A title notice is recorded pursuant to this section that further identifies likely
� impacts to the site when the �street is widened in tbe future; and
Ordinance 09-_ Street Standards Page 4 of 28
DRAFT
iv. The fewest number of parking stalls is located in the future acquisition area as
possible and, in any case, shall contain no more than one-quarter of the required pazking stalls for the site.
�E. Drainage �'ae�lH+es All required ''"O °-"�--��
drainage facilities and structures for the site shall be located outside the future acquisition area. (€�He
,.C.. .. .. .l�..ei,..........� ,. ....d... ..1........,..� ...Ie....,.�el.. .le«...,...i...,te.. ., ..:�e .le�:..,. .. ,«l: �..�:..
f_ ........:.... ..c _..,.w c,.:n.:,... ,... «�.e e.,:...:.,,. ...,...e.«.. .,e portion of the drainage facility improvement
�
may be temporarily allowed within the fuhue acquisition azea if a� ;�r,onditional use permit is
issued pursuant to the provisions of SVMC ^^.'�3;22.130.090. The �°,�,�:;.:rpermit shall provide for
the relocation of the drainage facility to an alternative site by the property owner when the �eadivey-street
is widened. The permit shall identify the alternate location and the means of relocating the facility.
� �F. Physical Structures, Lnprovements and Utilities. Physical structures (such as signs, fencing, and
architectural features) and improvements (such as site drainage, 208 drainage swales, landscaping, and
parking) shall not be located within Yhe future acquisition area unless an :�conditional use permit
has been issued pursuant to SVMC ''''.'�— '�-'r22.130.090. If permitted, they shall be considered
"interim" and shall be relocated or removed if the right-of-way is widened in the future, subject to the
� conditions of the �°,�conditional use permit.
All developers, agencies and purveyors instaliing utilities in, adjacent to or across rights-of-way shall
show the future acquisition azea and � ounda ies) on construction plans or drawings. Impacts
from the future ree�wa�-street widening and other relocation cost shall be considered when designing and
siting utilities and improvements. (Ord. 08-006 § 1, 2008).
22.130.0�90 �nte+�n-eConditional use permit.
A. The a^^^'^^^�°°' °����°^^ ^^°�^- ^^^�^°°^�'� may temporarily allow, as an interim conditional
use, site features or improvements located within or adjacent to the future acquisition area that are in
conflict with the provisions of this chapter; provided, that a hardship can be demonsfrated and the use can
be reasonably conditioned and restricted to ultimately accomplish the intent of this chapter. Examples of
site features or improvements include driveways, *-^°^' '^°^�, �°-r ^° arainage facilities and structures,
^^�°-°,-,-.�°'�...°--s, parking stalls, utilities and signs.
B. Pertnit Required. T°��onditional use permits shall be issued administratively at or before the
time development approvals and permits are granted. T-��onditional use permits shall, at a
minimum, specify the temporary or interim use allowed, the conditions of the permit, the provisions for
and timing of removal, relocation or installation and the responsibility for the cost of relocation, removal
or installation.
C. Appeals. Any appeal of the administrative decision hall be heard
pursuant to Chapter 17_90 SVMC, Appeals. All �n£esit�-conditional use permits shall be referenced by a
title notice pursuant to SVMC ^''.'�n22.130.080. (Ord. 08-006 § 1, 2008).
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Ordinance 09- Street Standards Page 5 of 28
DRAFT
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Ordinance 09-_ Street Standards Page 6 of 28
DRAFT
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� Right-of-Way Permit �A�plicabilitv. Unless exempt from permit requirements, a right-of-
way permit is required of any person or company who performs construction work or otherwise engages
in activity within existing City rights-of-way, or on City-owned infrastructure. Ri tof-wa}_permit
authorizes a permittee to perform work or conduct activity in a ri t-of-way or easement.
Permits shall not be required for the following:
1. Work done by or for the City within its right-of-way.
2. Work that is two hours or less in duration, as long as that work does not require the closure of
more than 50 percent of a non-arterialreadiva�s� does not close any lanes on an arterial
fe�vaystre ,et does not involve excavation within the right-of-way, or does not involve
cutting or placement of pavement, sidewalks, curbs or gutters.
Exemption from the permit requirements of the SVMC shall not be deemed to grant authorization for
any work to be done in any manner in violation of the provisions of the SVMC or any other laws,
ordinances or standards of this jurisdiction.
��
B. Expiration. Ri�ht-of-way permits issued between April 1 and September 30 are valid for 30 davs
after the date of issuance, with a one-time 30 day extension available. Right-of-way Permits issued
between October 1 and March 31 shall be valid until the followin�pri130.
C. Emer�ency Repairs. In the case of an emer e�ncy repair, a private or public utility may commence
work prior to obtainin�a permit, provided the person responsible for the work obtains a construcrion
permit within 48-hours after work is commenced or on the first City business day followin� said elapsed
48-hour period.
6D. Right-of-Way Permit — Application. No right-of-way permit shall be issued unless a written
application is submitted and approved by the dieeetetC�. The application shall, at a minimum, contain
the following:
I 1. Construction plans or drawings approved by the �i�eeteaC� if requued;
Ordinance 09-_ Street Standards Page 7 of 28
DRAFT
2. A traffic control plan, if the work closes more than 50 percent of the non_arterial
�eadiveystreet, or closes any lanes on an arterial rea�ystreet;
3. The period of time during which the right-of-way will be obstructed; and
4. Proof of the contractor's and all subcontractors' state licensing, insurance and requirements.
I Depending upon the nature and extent of the construction activity or work, the difeeEeF-C
require engineering, restoration and drainage plans prepazed by a Washington-licensed engineer at the
applicanYs sole cost and expense.
� At the discretion of the ���, a multiple-use permit may be available for licensed and bonded
businesses and public utilities. The multiple-use permit Fee will be established by resolution in the master
fee schedule. The multiple-use permit shall expire at the end of the City fiscal year. The administrative
regulations governing the multiple-use permit shall be written and approved by the �eEtefiC�. Failure
to comply with the administrative regulations shall be a violation of this code.
�E. Rlght-of-Way Perxnit Fees. n:,.v.« ,.c...,.. .. ..,:. � �.. . w..0 �.,. .,a,...«va �.. _e..,.i..«:,.., ,.a a,e ,,:...
eeunsil: Permit fees shall be assessed in accordance with the currently adopted Spokane VaIIe�Master
Fee Schedule.
�F. Notice Required. The applicant shall give to the �ifeeteFC not less than 48 hours before
any work or activity is commenced and shall notify the d+reetef-C�upon completion of the same. If a
traffic control plan is required to be submitted with the application, the applicant shall give the �irec�e�
C�not less than 72 hours' notice. In the event of an unexpected repair or emergency, work may be
commenced as required under the circumstances. Unexpected repairs and emergency work shall comply
with all other requirements of this section.
� €G. Construction Standards. All work within the City right-of-way shall be in accordance with adopted
City standards in effect at the time of the application for the permit. These include but aze not limited to
current versions of the �kane Valley Street Standards, the Spokane Reeional Stormwater Manual,
�.,,,, .. � �,,,,.,.. c�....A..�A.- C� D..,.A .,.,A ce..,er c.,..�:�,,,.��:��; the Manual on Uniform Traffic Control
Devices (MUTCD); Washington State Department of Transportation (WSDOT) Standard Specifications
for Road, Bridge and Municipal Construction; and applicable standards of the American Public Works
Association (APWA).
FrH. Maintaining Access. In the event it is necessary for the permittee to excavate the entire width of
the �ystreet, no more than half of the �street shall be opened for construction and closed to
traffic at one time. Such portion of the work shall be backfilled and completed before the remaining
portion of the see��streat may be excavated. If it is impossible, infeasible or unsafe to permit the work
while maintaining an open lane for traffic, the a�°�T�it may, with the concurrence of the chief of
police and fire chief, permit the �street to be blocked for a short period of time where suitable
detours can be provided and the public will not be unnecessazily inconvenienced. The permittee shall
furnish facilities, such as bridges or other suitable means, or cleazly identify appropriate detours, to allow
the flow of traffic without unnecessary congestion.
� �-FI. Traffic Control. Any person or company that performs coustruction work or otherwise engages in
activity within the existing City rights-of-way, or on City-owned infrastructure, is responsible for all
traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that
protect the public safety, in accordance with the MiJTCD. The person or company shall provide for the
safe operation of all equipment, vehicles and persons within the right-of-way.
�J. Damage to Existing �grevernettESlnfrastructure. All damage to existing public or private
�erafs-infrastructure and/or propertv during the progress of the construction work or activity shall
be repaired by the permittee. Methods and materials for such repau shall conform �iikto adopted City
standards. If the permittee fails to furnish the necessary labor and materials for such repairs, the d+reetee
C�shall have the authority to cause said necessary labor and materials to be fumished by the City and
the cost shall be charged against the permittee. Such charge shall be immediately paid by the permittee
and shall, if not paid on demand, be deemed a valid claim on the bond filed with the City.
Ordinance 09-_ Street Standards Page 8 of 28
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I K3. City's Right to Restore Right-of-Way and Easements. If the permittee fails to restore any City
right-of-way or easement to its original and proper condition upon the expiration of the time fixed by such
permit or shall otherwise fail to complete the right-of-way construction work covered by such permit or if
the work of the permittee is defective and the defect is discovered within one year from the completion of
� the right-of-�vay construction work, the c}ifeeteF-C�or designee shall have the right to do all work and
things necessary to restore the right-of-way and/or easement and to complete the right-of-way
construction work.
The permittee shall be liable for all costs and expenses of restoration or completion. The City shall
have a cause of action for all fees, expenses and amounts paid for such work. Following demand, the City
may enforce its rights pursuant to this section. No additional permits shall be granted until the invoice for
City-performed work has been paid.
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L.Insurance — Evidence. Permittee, prior to the commencement of construction hereunder, shall
� furnish the ���R satisfactory evidence in writing that the permittee has in force during the
performance of the construction work or activity, commercial general liability insurance of not less than
$1,000,000 per occurrence and $2,000,000 general aggregate duly issued by an insurance company
authorized to do business in this state. In addition, the policy shall name the City as an additional named
� insured. The ���may reduce the insurance limits if good cause exists.
M. Indemnification and Hold Harmless. The permittee shall defend, indemnify and hold harmless the
City, its officers, officials, employees and volunteers from any and all claims, injuries, damages, losses or
suits, including attorney fees, azising out of the permit issued under this section except as may be caused
by the negligence or willful conduct on the part of the CiTy.
N. Rules and Policy. To implement the right-of-way permit and provide for the public health and
I safety, the dieee£erC� under the supervision of the city manager, may develop and adopt rules, policies
and forms consistent with this section. All adopted rules, policies and forms shall be filed with the city
clerk.
O. Violations — Penalties. Any person violating the provisions of this section shall be subiect to all
enforcement actions and penalties as found in SVMC a���--°a «,. �.....e ..........:..,.a ., r,...._ r,.:..:, :..c_..,..:,...
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Ordinance 09- Street Standards Page 9 of 28
DRAFT
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22.130.A9&110 Liability.
The express intent of the City of Spokane Valley is that the responsibility for compliance with the
provisions of this chapter shall rest with the permit applicant and their agents. This chapter and its
provisions are adopted with the express intent to protect the health, safety, and welfare of the general
public and are not intended to protect any partiwlaz class of individuals or organizations. (Ord. 07-015
§ 4, 2007).
Section 2. SVMC Title 17.80.030. This ordinance also makes changes to SVMC Title 17.80.030
Table 17.80-1 —which is modified as follows:
Table 17.80-1— Permit Type and Land Use Application
Type Land Use and Development Application SVMC Cross
Reference
Accessory dwelling units 19.40.100
Administrative determinations by communiry development director, public Multiple
works director, or building official
Administrative exception 19.140
Administrative interpretation 17.50.010
Boundary line adjustments and eliminations 20.80
Home occupation permit 19.40.140
I Right-of-way permits 22.130.10860
Type I
Shoreline permit exemption (dock permit) 21.50
Site plan review 19130
Temporary use permit 19.160
Time extensions for preliminary subdivision, short subdivision or binding site 2030.060
plan
Floodplain development 2130
Building permits not subject to SEPA 21.20.040
Grading permits 24.50
Binding site plan— Preliminary and final 20.50
Binding site plan— Change of conditions 20.50
Wireless communication facilities 22120
Type II Subdivision — Final 20.40
Plat alterations — Final 20.60
SEPA threshold determination 21.20.060
Preliminary short subdivision, binding site plan — Change of conditions 2030
Ordinance 09-_ Street Standards Page 10 of 28
DRAFT
Shoreline substantial development permit 21.50
ShoR subdivision — Preliminary and final 2030, 20.40
Conditional use permits 19.150
Subdivisions — Preliminary 2030
Type Vaziance 19.170
11I
Preliminary subdivision — Change of conditions 20.50
Zoning map amendments (site-specific rezones) 1930.030
Annual Comprehensive Plan amendments (text and/or map) 17.80.140
Type Area-wide zoning map amendments 17.80.140
N
Development code text amendments 17.80.150
Section 3. SVMC Title 1830.010 and ]8.50.010. This ordinance makes changes to SVMC
1830.010 and 18.50.010 — these sections of the code aze modified to read as follows:
18.30 Community Development Department
18.30.010 Responsibilities
The communiry development department shall have the following responsibilities:
A. To review all development permits includin� street and draina�e construction plans to ensure
conformance with the appropriate provisions of the Spokane Valley Municipal Code (SVMC) and
those additional standards adopted by the code.
B. To inspect the constrvction of all development improvements to ensure conformance with the
approariate provisions of the SVMC and those additional standards adopted bv the code.
C. To re�ularlY Update the comprehensive plan.
D. To regulazl�update the street standards with the concurrence of the public works departrnent.
E. To regularly recommend updates to the Spokane Re�ional Stormwater Manual with the
concurrence of the public works department.
F. To make recommendations concemingprouosed changes and amendments to zonin�regulations.
G. To issue all right of way_permits pursuant to SVMC 22.130.100.
H. To ensure compliance with SVMC 2130 Floodplain Reeulations
L To coordina[e the review of development �roiects for transportation currency as defined by
SVMC 22.20. '
J. To administer the provisions of the buildin� codes adopted bv the city council.
K. To make recommendations concernin¢ amendmenu to the adopted building codes.
L. To enforce the provisions of SVMC Title 24.
M. To enforce the provisions of the nuisance ordinances in conformance with the requirements of
SVMC Chapter 7.05.
N. To advise the planning commission and city council where appropriate concerning matters
relatin t�y ofthe above.
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Ordinance 09- Street Standards Page ll of 28
DRAFT
. ;
;
18.50 Public Works Department
18.50.010 Responsibilities.
The public works department shall have the followin�ponsibilities:
A. To review all street and drainaee construction plans for citv capital improvement �rojects to
ensure conformance with the applicable provisions of the Spokane Vallev Municipal Code
(SVMCI and those additional standards adopted by the code.
B. To inspect the construction of improvement projects to ensure conformance with the applicable
provisions of the SVMC and those additional standards adopted by the code.
C. To oversee the planning, desi�n and construction of the city capital improvement projects and
public infrastructure for conformance with the civil engineeringprovisions of the SVMC.
D. To review and approve projects for transportation concurrencv as defined by SMC 22.20. and all
other tasks set forth in the Model Traffic Code.
E. To oversee the storm and surface water utility as defined in SVMC 3.80 and to re u�y update
to the Spokane Re�ional Stormwater Manual.
F. To review, recommend and concur on chanees to the Street Standards.
G. To review and make recommendation as needed for all project permits as set forth in SVMC
17.80.
H. To advise the �lannin� commission and city council where appropriate conceming matters
relati� tg o any of the above.
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Section 4. SVMC Title 22.20. This ordinance makes changes to SVMC 22.20.020, 22.20.040,
and 22.20.080 — these sections of the code are modified to read as follows:.
22.20.020 Concurrency review.
A. All project permits/project applications except for those exempt as set forth in subsection C of this
section shall be subject to concurrency review at the time an application is submitted. Concurrency shall
be determined by evaluating the anticipated impact of the application against the level of service (LOS)
set forth in the Comprehensive Plan. A certificate of concurrency issued by the reviewing authority shall
be required prior to approval of any nonexempt application.
Ordinance 09-_ Street Standards Page 12 of 28
DRAFT
B. A finding of concurrency requires that adequate facilities are available when the service demands of
development occur, or in the.case of transportation "concurrent with developmenY' shall mean that
improvements or shategies are in place at the time of development, or that a financial commitment is in
place to complete the improvements or strategies within six years. The cumulative impact of development
should be considered when making this determination.
C. The following shall be exempt from concurrency review:
1. Project permits that were issued, or project applications that were determined to be complete
(see Chapter 36.70B RCVI� prior to the effective date of these concurrency regulations.
2. The first renewal of a previously issued, unexpired project permit; provided, that substantial
progress has been made as determined by the appropriate review authority.
3. Any project permit that will have transportation impacts of less than 10 peak hour vehiwlaz
trips, and that will not change the traffic volumes and flow patterns in the afternoon peak travel period, as
I determined by the =_'.°�•_!�;.-=�' _=:-.�'_== senior traffic engineer.
4. The following project permit actions:
a. Boundary line adjustments;
b. Final subdivisions/final PRDs/final shoR plats/final binding site plans;
a Temporary use permit;
d. Variances.
5. Proposed project permits/project applications that do not create additional impacts on
transportation facilities. Such projects may include but are not limited to:
a. Any addition or accessory structure to a residence with no change or increase in the
number of dwelling units over four units;
b. Interior renovations with no change in use or increase in number of dwelling units over
four units;
c. Any addition, remodel, or interior completion of a structure for use(s) with the same or
less intensity as the existing use or previously approved use. (Ord. 07-015 § 4, 2007).
22.20.040 Application procedures.
I A. Applications for concunency review shall be submitted to the Ciry.
1. Concunency review shall be performed for the specific property, uses, densities and intensities,
and traffic distribution information provided by the applicanUproperty owner and shall include any
project phasing proposed by the applicant.
2. The City may request additional information in order to make a determination.
3. All applications shall be circulated for comment to the appropriate departments or agencies.
4. The project permit may be conditioned to assure adequate facilities are available to meet the
demand generated by the project. If the project is approved, a concurrency certificate shall be issued to
the property owner, his heirs and assigns.
5. If adequate facilities cannot be made available to maintain adopted level of service (LOS), the
project application shall be denied.
6. The concurrency certificate shall automatically be voided if the project permit has been
withdrawn, expires, or is otherwise cancelled.
B. Concurrency Certificate.
1. Shall apply only to the specific land uses, densities, intensities and project described in the
application and project permit;
2. Is not transferable to other property, but may be transferred to new owners of the same
property;
3. Shall remain valid so long as the accompanying project permit has not expired or been
revoked;
4. Is valid for any modification of the permits for which the certificate was issued so long as such
modification does not require the applicant to obtain a new project permit; and
� 5. Shall only be issued upon payment of any� traffic review fee due.
Ordinance 09- Street Standards Page 13 of 28
DRAFT
C. Any capacity that is not used because the full extent of the development is not built shall be
� considered available capacity for a period not to exceed 6 years .
D. Concurrency Certificate Fees. Fees for issuing concurrency certificates shall be based on the
� currentiv adopted Snokane Valley Master fee schedule. (Ord. 07-015 § 4, 2007).
22.20.080 Transportation cancurrency — Additional considerations.
A. Transportation concurrencv shall be in accordance with City of Spokane Valley Street Standards
adopted pursuant to SVMC 22.130.040 Street Standards. '
4�� ��1� ntin�� �� ��nr�a 4r� �����r�r� ��r����4 �m���4� !� �r4n�nen4���n
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Section 5. SVMC Title 22.50. This ordinance makes changes to SVMC 22.50.030, 22.50.040,
22.50.050, and 22.50.060. These titles aze modified to read as follows:
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Ordinance 09-_ Street Standards Page 14 of 28
DRAFT
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22.50.848.030 Off-street loading.
A. Every building or part thereof erected or occupied for retail business, service, manufacturing,
storage, warehousing, hoteUmotel, industrial or any other use similarly involving the receipt or
distribution by vehicles of materials or merchandise shall provide and maintain on the same premises
loading space in accordance with the following requirements:
1. Off-street loading spaces shall measure as follows:
a. When one space is required, it shall measure 12 feet wide, 30 feet long and 15 feet high
(if a dock).
b. When two ar more spaces are required, they shall measure 12 feet wide, 60 feet long and
15 feet high (if a dock).
Ordinance 09- Street Standards Page ] 5 of 28
DRAFT
2. Loading facilities located on the side of a building but not facing a street shall be set back from
the front properry line a minimum distance of 60 feet.
33. All parking, loading and maneuvering of trucks shall be conducted on private property.
64. Required passenger vehicle parking shall not be allowed within the truck dock apron space.
�5. The minimum number of off-street loading spaces shown on the following table are required:
Table 22.50-7 - Loading Spaces Required
Use/Gross Square Feet Required Loading Spaces
Industrial, manufacturing wholesale, warehouse, similar uses
10,000 - 40,000 squaze feet ] space
40,00] - 60,000 squaze feet 2 spaces
60,001 - 100,000 square feet 3 spaces
Over 100,000 square feet 1 space for each 50,000 square feet or part thereof
, � - - ; , - - _ _
Hotel/motel, restau;ants, .
__ _._.. ,' �:, �. � - --- -
20,000 - 60,000 squaze feet 1 space
60,001 - 100,000 squarefeet 2 spaces
Over 100,000 square feet 1 space for each 50,000 square feet or part thereof
_ _ - - - _ --- _ ____
Hospitals; codvalescenUnursing homesand similar mstitutions
10,000 - 40,000 square feet 1 space
40,000 - 100,000 square feet 2 spaces
Over 100,000 square feet 1 space for each 50,000 square feet or part thereof
. _ _ _ ,-,: _- - — , —.
Department stores; retail and�other oommercial'uses
10,000 - 20,000 square feet 1 space
20,001 - 50,000 squaze feet 2 spaces
50,001 - 100,000 squaze feet 3 spaces
Over ] 00,000 squaze feet 1 space for each 50,000 square feet or part thereof
B. Screening of Off-Street Loading Areas.
I. Off-street loading spaces and apron space shall not be located on the street side of any building
in commercial or residentia] zones. In those instances where three or more sides of the building face
dedicated streets, loading spaces and apron space shall be located at the rear or side of the building and
screened from view of the abutting streets for a minimum of 35 feet in accordance with the provisions of
SVMC 22.70.030(I). In the industrial zones, off=street loading spaces and apron space may be located on
the street side of buildings providing that they are screened from view of the abutting streets for a
minimum of 35 feet in accordance with the provisions of SVMC 22.70.030(I);
2. No loading dock or service bay doors shall be constructed on any portion of a front wall or on a
side or rear wall within 60 feet of any front property line or adjacent to the street. (Ord. 08-007 § l, 2008;
Ord. 07-015 § 4, 2007).
22.SO.�SA-040 Bicycle parking.
Bicycle spaces are individual units within ribbon racks, inverted "U" racks, locking wheel racks,
lockers, or other similar permanent structures accommodating five or more bicycles.
Ordinance 09-_ Street Standards Page 16 of 28
DRAFT
A. Bicycle racks and/or storage shall be provided when 25 or more parking spaces aze required, at a
ratio of one rack for every 25 parking spaces.
B. Required bicycle parking must be located within 50 feet of an entrance to the building or use.
C. If bicycle pazking is not visible from the street, a sign must be posted indicating the location of the
bicycle parking spaces.
D. All bicycle parking must be sepazated from motor vehicle traffic by a barrier, curb, post, bollard or
other similar device.
E. The property owner of a site shall have a continuing obligation to properly maintain any bicycle
parking facilities on their property. (Ord. 07-015 § 4, 2007).
22.50.868-050 Landscaping in pazking areas.
See SVMC 22.70.030, Screening and buffering. (Ord. 07-015 § 4, 2007).
Section 6. SVMC Title 24.50. This ordinance replaces SVMC Title 24.50 entirely — SVMC
Title 24.50 is modified to read as follows:
Chapter 24.50
Land Disturbing Activities
24.SOA10 GENERAL
A. General Applicability. This subtitle applies to all land disturbing activities, whether or not a permit is
required•
All land disturbing activities shall com�l,v with this subtitle and the requirements set forth by SVMC Title
21 Environmental Controls and 22.130.040 Street Standards.
B. Purpose. The pumose of this ordinance is to re�ulate all land disturbing activities to orotect and
safeguard the �eneral health, safety, and welfaze of the public residin� within the City of Spokane Valley
�
1. Establishingprocedures for issuance of permits, plan approval, and inspection of �ading
construction; and,
2. Controllin� erosion and preventing sediment and other pollutants from leavin2 the project
site during construction by implementina best mana eg ment practices; and,
3. Reducing stormwater runoff rates and volumes, soil erosion and nonpoint source
pollution, wherever possible, through stortnwater mana�ement controls and to ensure that
these mana�ement controls aze properlv maintained and pose no threat to public safetv;
�d
4. Protectin� downstream properties and public infrastructure.
C. Definitions.
I. Applicant is the private party or parties desiring to construct a public or private
improvement within City right-of-way, easements, or private property, securin� all
reauired approvals and permits from the Citv, and assuming full and complete
r�onsibiliry for the �roiect. The Applicant may be the owner or the individual
desi a�n ted by the Owner to act on his behalf.
2. Clearin� and grubbing includes, but it is not limited to, removinp trees, stumps, roots.
brush, structures, abandoned utilities, trash, debris, and all other material found on or near
the surface of the �ound in the construction azea.
Ordinance 09- Street Standards Page 17 of 28
DRAFT
3. Grading is the physical manipulation of the earth's surface and/or surface drainage
aattem which includes surchar�p�ureloading, contouring, cuttin�, and/or filling
Grading activities fall into two general catepories: en�ineered �rading and regular
a�r dm�
4. Land disturbing activity result in a change in existin� soil cover (vegetative or non-
vegetativel or site topography. Land disturbin¢ activities include, but are not limited to.
demolition, construction, clearing and rug bbing, rp adin ag nd logging,
5. Site includes all the parcels included in the �roiect.
D. Permit Required. A separate permit shall be obtained for each site. No land disturbin a�ty, unless
snecifically exempted, shall be performed without first having obtained a permit. The followin are
the types of permit
1. Engineered gradinP. Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC
24.50.030 for applicability, additional exemptions, and permit reauirements. All
enpineered gradin� shall comply with the Washington State Environmental Policv Act.
2. Re u�lar grading. Re u� laz �rading is gradin� work that is not required to be engineered.
Refer to SVMC 24.50.020 for general exemptions. Refer to SVMC 24.50.040 for
applicability, additional exemptions, and permit requirements.
3. Clearing and n��gpermit. Refer to SVMC 24.50.050 for applicabiliTy, exemptions,
and pertnit requirements.
E._ Fees. Permit fees, includingplan review, shall be assessed in accordance with the currently adopted
�okane Valley Master Fee Schedule.
F. Surety. The Applicant shall post a surety in an amount determined by the Development Services
Senior Engineer. Acceptable surety instruments are cash savin s assignments and letters of credit
issued by a duly chaitered financial institution.
G. Inspection. All land disturbing activities shall be subject to inspection by the Development Services
Senior En�ineer. For all en�ineered gradingpermits, special inspection of �radins oaerations and
soecial testin� shall be performed in accordance with the provisions of Chapter 9 of SVMC 22.130.40
Street Standards.
If during an inspection, site conditions and/or construction of nermanent items are found not be as
shown in the permit applicarion or approved plans, the permit may be deemed invalid. No land
disturbin ag ctivih� shall be undertaken, or continued, until revised plans have been submitted and
aanroved.
The Development Services Senior Engineer shall be notified when work authorized bv a pertnit
issued subject to this chapter is readv for final inspection. Final approval shall not be p,ranted until all
work has been completed in accordance with the approved gradin�plans and any required reports I
have been submitted.
H. Hazards. If the Development Services Senior En¢ineer determines that any land disturbing activitv
has or may become a hazard to life and limb. endan�property, cause erosion, or adversely affect
drainage, the safetv, use, stability of a public way or drainage channel, the owner shall be notified in
writing. The o�mer is responsible to mitigate the hazard within the time specified bv the
Development Services Senior En�ineer. If not corrected. the land disturbin activity shall be deemed
to be a violation pursuant to SVMC 24.050.10 I.
I. Violations. Unless exempt, any land disturbin a� ctivity performed without a permit shall be
considered hazardous and a public nuisance, subject to all enforcement actions and oenalties as found
Ordinance 09-_ Street Standards Page 18 of 28
DRAFT
in SVMC Title 17. An investi�ation fee may be assessed.pursuant to Intemational Building Code
Section ] 08A The fee is payable prior to the issuance of a permit. Payment of the investieation fee
does not vest the ille�al work with any legitimacy, nor does it establish anv right to any permit for
continued development of the project.
Anv oerson, firm, or corporation violating any of the provisions of this chapter shall be subject to
fines as provided in Tide 17 of this code.
J. Construction Stormwater Permit. The Applicant shall contact Washin on Department of Ecology
(Ecologxl to determine if a Constrvction Stormwater Permit is required.
K Changes in the Field. Revisedplans may be required when changes are made to the approved �ading
plans. Land disturbin� activities affected by such changes shall not continue until the revised plans
are reviewed and approved by the Development Services Senior En i�
24.50.020 GRADING PERMIT — GENERAL EXEMPTIONS
A¢radingpermit, either engineered �rading or re ug lar rg ading, is not required for the followin I�and
disturbing activities:
1. Excavations which, meets all of the followin¢:
o Are less than 3 feet in hei ng t; and.
o Have slopes flatter than 2:1 (H:V), and.
o Do not exceed 50 cubic vards on any one lot.
2. Fills which, meets all of the followine:
o Are less than 2 feet in heigltt; and,
o Have slopes flatterthan 2:1 (H:VI, and,
o Are not intended to support structures; and,
o Do not obstruct a draina�e course: and,
o Do not exceed 50 cubic yards on any one lot.
3. An excavation below finished grade for basements and foofings of a building, reffiinine
wall, or other structure authorized by a valid buildin�permit. This shall not exempt any
fill made with the material from such excavation nor exempt any excavation havine an
unsupported height areater than 4 feet after the completion of such structure;
4. Cemetery�aves:
5. Refuse d�osal sites controlled by other regulations;
6. Excavations to facilitate the septic tank elimination prograrn;
7 Mining, quarr��excavating�processin�ockpiling of rock sand eravel a rgg esate
or clav where established and provided for by law such operations do not affect the
lateral support or increase the stresses in or pressure upon anv adjacent or conti uous
ro e
8 Explorator�xcavarions under the direction of a geotechnical enpineer or en ine eerine
�eolo ig sts:
Ordinance 09- Street Standards Page 19 of 28
DRAFT
24.50.030 ENGINEERED GRADING PERMITS
A. Ap lico abilitv. An engineered grading permit is required for the followinQ land disturbing
activities:
1. Grading in excess of 500 cubic yards; and,
2. Excavations with cut slopes equal to or steeper than 2:1 (H:VI and heights greater than 2-
1/2 feet; and,
3. Excavations with cut slopes equal to or steeper than 10:1 (H:VI and heights greater than 4
feet; and,
4. Fill slopes equal to or steeper than 2:1 (H:VI heights Qreater than 2- 1/2 feet; and,
5. Fill slopes equal to or steeper than ] 0:1 (H:V� heights greater than 4 feet; and,
6. Grading in the floodplain; and,
7. Gradin� in Critical Areas identified in the SVMC Tide 21;
8. Gradin� in a drainage channel; and,
9. Grading to support a building or structure of a permanent nature; and,
10. Gradin� associated with subdivisions pursuant to SVMC Title 20; and,
11. Gradin f� or engineered drivewavs, regardless of the amount of excavation or fill required
for wnstruction; and,
12. Grading for all ponds, water features, and man-made lakes greater than 500 sq. ft. in
surface area; and,
13. Major use permiks and/or any other project likely to cause major land disturbances as
determined by the City: and,
14. Grading to support other en in@ eering �vorks such as, but not limited to, tanks, towers,
machinery, retaining wall, and paving; and,
15. Projects deemed to be a potential hazard.
B. Exemptions. An engineered g��permit is not required for the following land disturbing
activities:
1. Gradin2 �vork already included in a building permit or land action application;
2. Gradin� work exempted per SVMC 24.SOA20; and rg adin� work not meetin� the
requirements of SVMC 24.50.030 A. In this latter case, the grading would be considered
reeular �radine.
C. Engineered Grading Permit Submittal Requirements. The minimum documents required for
pertnit application are as follows:
1. Completed permit application: and,
2. Two sets of all required plans stamped by a civil en�ineer licensed in the State of
Washin on,
Ordinance 09-_ Street Standards Page 20 of 28
DRAFT
3 Two sets of all required reports specifications and supporting information areaared and
stamped bv a civil engineer or peolopist licensed in the State of Washin tg on
4 Plans shall demonstrate compliance with the provisions of this Title, SVMC 22.130.40
Street Standards and all relevant laws, ordinances, rules, and regulations;'
5 Temporary Erosion and Sediment Control (TESC�plan The TESC plan shall include all
of the minimum elements specified in SVMC 24.150 Spokane Regional Stormwater
Manual Chapter 9 and Plan elements required in Chapter 4 of SVMC Title 22.130.040
Street Standards as a�plicable. The TESC plan may also be prepared by a Certified
Erosion and Sediment Control Technician. All erosion prevention and sediment control
measures shall be maintained, includin�replacement and repair as needed. These
minimum �uidelines are not intended to resolve all project soil erosion conditions. The
aoplicant is responsible for confining all soil on the �roiect site and implementine
additionai measures as necessary to accommodate changing or unexpected site and
weather conditions;
6 When required by the SVMC 22 130 040 Street Standards Chapter 5 and/or the
Development Services Senior En�ineer, a�eotechnical evaluation demonstratin¢
compliance with SVMC 22.130.040 Street Standards Chapter 5;
7. Drainaee report demonstratin� compliance with SVMC 24.150 Spokane Re ip onal
Stormwater Manual Chapter 3;
8 When required by the Development Services Senior Engineer an engineerine eeolo�v
report includin ap n adequate description of the geology of the site;
9. SEPA checklist
D. Engineered Gradin� Permit Final Acceptance. The following items aze required prior to final
acceptance:
1. Inspection by a qualified professional hired by the Applicant; and,
2. As-@raded grading plans: and,
3. A letter from the inspector that certifies that grading was conducted in accordance with
the �rading�lan Certification requirements shall be in compliance with SVMC
22.130.040 Street Standards.
24.50.040 REGULAR GRADING PERNIIT
A Applicability__A eradingpermit is re�c uired for all �radin�operations unless exempted below. All
gradin� shall com�v with the Washin�ton State Environmental Policy Act and SVMC 22.130.40 Street
Standuds An en�ineered �rading,permit shall be reyuired if the �roiect meeu the criteria s�ecified in
SVMC 24.50.030.
B Exemptions A regular �radingpermit is not required for the following land disturbing activities:
1. Gradine work alreadv included in a buildin�permit;
2 Work exempt under SVMC section 24.50.020 or already included in an engineered
gradingpermit
C Re�ular Grading Permit Submittal Requirements The minimum documents required for permit
application aze as follows:
]. Completed permit application; and,
Ordinance 09- Street Standards Page 21 of 28
DRAFT
2. Plans demonstratin� compliance with Chapter 4 and 5 SVMC 22.130.40 Street Standards
and all other applicable laws, ordinances, rules and regulations. The name of the owner
and the name of the person who prepared the plan shall be included in all submitted plans
and documents: and,
3. Temporary Erosion and Sediment Control (TESCI plan. The TESC plan shall include all
of the minimum elements specified in SVMC 24.150 Spokane Regional Stormwater
Manual Chapter 9 and Plan elements required in Chapter 4 of SVMC Title 22.130.040
Street Standards, as applicable. The TESC plan may also be prepared bv a Certified
Erosion and Sediment Control Technician. All erosion prevention and sediment control
measures shall be maintained, includin�replacement and repair as needed. These
minimum �uidelines aze not intended to resolve all project soil erosion conditions. The
applicant is responsible for confining all soil on the project site and implementing
additional measures as necessary to accommodate changing or unexpected site and
weather conditions.
24.50.050 GRUBBING AND CLEARING PERMIT
A Applicability. A rtg ibbing and cleazin�permit is required for the following land disturbing
activities:
1. All grubbing and clearing activities disturbin� 5,000 square feet or more of area; and,
2. Any clearin o�pes, wetlands, erodible soils, critical areas, etc; and,
3. Any removal of trees and veeetation that does not trig�er the �radin�permit
reguirements.
B. Exemptions. The following land disturbin� activities aze not required to obtain a clearingand
�rubbingpermit:
1. Commercial aericulture as regulated under RCW Chapter 8434A20. Clearinp associated
���th a�ricultural uses, excluding timber cutting not othenvise exempted;
2. Forest practices reaulated under WAC Title 222, except for Class N General Forest
Practices that are conversions from timberland to other uses;
3. Clearin�grubbing already included in a gradin� or building permit;
4. The removal of six (61 trees or less per acre per pazcel;
5. The removal of trees and ground cover by utilitv companies in emer�ency situations; or,
6. Routine landscape maintenance and minor repair.
C. Permit Submittal Requirements. The minimum documents required for permit application are as
follows:
1. Completed pertnit application; and, i
2. Plans demonstrating compliance with Chapter 4 and 5 SVMC 22.130.40 Street Standards
and all other applicable laws, ordinances, rules and regulations; and.
3. Temporarv Erosion and Sediment Control (TESCI plan. The TESC plan shall include all
of the minimum elements speciFed in SVMC 24.150 Spokane Regional Stormwater
Manual Chapter 9 and Plan elements required in Chapter 4 of SVMC TiBe 22.130.040
Street Standards, as applicable. The TESC plan may also be nreoared by a Certified '
Erosion and Sediment Control Technician. All erosion prevention and sediment control
measures shall be maintained, including replacement and repair as needed. These
Ordinance 09-_ Street Standards Page 22 of 28
DRAFT
minimum guidelines aze not intended to resolve all project soil erosion conditions. The
a�plicant is responsible for confinine all soil on the project site and implementing
additional measures as necessary to accommodate chaneing or unexpected site and
weather conditions.
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DRAFT
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DRAFT
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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 of this
Ordinance.
Section 8_ Effective Date. This Ordinance shall be in full force and effect thirty (30) days after date
of publication of this Ordinance or a summary thereof in the official newspaper of the City.
PASSED by the City Council this day of , 2009.
Richazd M. Munson, Mayor
ATTEST:
Christine Bainbridge, CiTy Clerk
Approved as to Form:
Office of the City Attorney
Date ofPublication:
Effective Date:
Ordinance 09-_ Street Standa�ds Page 28 of 28
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What are the Street Standards?
The Street Standards is a technical manual that:
� Implements goals and policies of the adopted CSV Comprehensive
Plan (Comp Plan) related to Transportation
� Establishes Development Engineering street-related improvement
requirements for land actions and building permits
� Establishes technical requirements for
� Street Design
� Materials
� Construction techniques
� Inspection and certification of public and private improvements
� Maintenance of public and private improvements
� Improves emergency access
6 Provides conformity to existing and future streets
� Establishes criteria for the use of private streets vs public streets
� To be used with Spokane Regional Stormwater Manual to regulate
the engineering elements of development projects
Why Adopt Street Standards?
6 To implement the goals and policies contained in the CSV Comp
Plan.
� To make changes to the Spokane County Standards for Road and
Sewer Construction (County Standards) to better match how
development occurs within Spokane Valley.
Q To incorporate technical requirements in SVMC Titles 17, 18, 20,
22, and 24. All street related engineering technical requirements
will be in the Street Standards.
Street Standards Organization
� Chapter 1 — Introduction
� Chapter 2— Development Engineering Requirements
a Chapter 3— Traffic Analysis
� Chapter 4— Requirements for Plan Submittal
Q Chapter 5— Land Disturbing Activities(Grading)
� Chapter 6 — Utilities
� Chapter 7 — Street Elements
6 Chapter 8— Pavement Design
� Chapter 9— Inspection & Certification
� Chapter 10 — Maintenance
� Chapter 11 — Standard Plans
Comp Plan Goals and Policies
� Transportation goals and policies in the Comp Plan require the
establishment of design standards for transportation facilities (TG-1)
a These standards should:
— Provide for connectivity (TP-1.1)
— Manage access to streets (TP-1.2)
— Discourage private roads (TP-2.2)
— Require private roads designed/constructed to public street standards (TP-
2.2)
— Improve emergency access (TG-3)
— Bring unimproved or rural streets up to standard (TP-3.1)
— Extend functional life of existing streets (TG-5)
— Improve street safety (TG-5)
— Provide infrastructure to support development (TP-8.1)
— Meet Level of Service (LOS) standards for intersection operations (CFP-2.1)
Comparison of Existing and
Proposed Standards
� Changes are proposed in the following areas:
— Improvement requirements for short plats and building permits
— Clearing and grading requirements
— Private streets
— Pavement width for collector arterials
— Turn around requirements
— Use of dead-end streets
— Sight distance
— Intersection spacing and driveway separation
— Traffic calming measures
— Minimum pavement section for local access streets and some material
specifications
— Minor changes to inspection requirements
Comparison of Existing and
Proposed Standards
� No changes are proposed in the following areas:
— Traffic analysis requirements
— Plan submittal requirements
— Utilities
— Typical cross-sections for most public streets
— Minimum paving requirements for arterials
— Most testing, inspection, and certification procedures
— Maintenance requirements
Changes to Chapter 1
1.43 SENIOR CAPITAL PROJECTS ENGINEER
Q The Senior Capital Projects Engineer is part of the Capital
Improvement Program Division of the Public Works Department and
has the authority to:
� Ensure that all design and construction for capital projects is
completed to a level that is equal to or exceeds the requirements set
forth in these Street Standards;
� Review and approve design deviations for capital projects in
accordance with Section 1.11; and,
� Make deviations or �� modifications to the standard sections for
capital projects when site conditions warrant in accordance with
Section 1.11.
Public Involvement
Mile�tone Date
Developers Forum November 30, 2007
January 23, 2009
October 1 St, 2009
Subcommittie group meetings 2 meetings held in February &
March 2009
Presentation for Spokane Home February 12, 2009
Builders Association
Adoption Schedule
�iiilest�ne
�, ..
Public Review Period
SEPA Checklist
CTED Review
Planning Commission Study Session
Planning Commission Public Hearing
City Council Study Session
First Reading with City Council
Second Reading with City Council
December 2008 — September
24, 2009
December 2008
December 2008
March & April 2009
September 24, 2009
October 27, 2009
November 17, 2009
December 8, 2009
QUESTIONS?
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
City of Spokane Valley Street Standards
Table of Contents
Title Pa�o•
Chapter 1. Introduction
1.1 Title .............................................................................................................................1-1
1.2 Intent and Provisions .................................................................................................. 1-1
13 Objectives of Street Standazds ................................................................................... 1-1
13 .1 Minimum Standazds .............................................................................................. l-1
1 .3.2 Objectives ............................................................................................................1-2
1.4 Authority ....................................................................................................................1-2
1.4.1 Development Services Senior Engineer ............................................................... l-2
1.4.2 Senior Traffic Engineer ........................................................................................ l-3
1.43 Senior Capital Project Engineer ........................................................................... 1-3
1.5 Document Organization ............................................................................................. 1-4
1.6 Amendments and Revisions .................................................................................:..... I-4
1.6.1 Policy Revisions ................................................................................................... 1-4
1.6.2 Technical Revisions ............................................................................................. 1-4
1.7 Interpretation of Standazds ......................................................................................... 1-5
1.7.1 Governing Standards ............................................................................................1-5
1.7.2 Prior Acceptance of Construction Plans .............................................................. 1-5
1.73 Severability ..........................................................................................................1-5
1 .8 Contact Information ................................................................................................... 1-6
1 .9 Reference Material ..................................................................................................... l-6
1.10 Vaziance .....................................................................................................................1-7
1.11 Design Deviations ...................................................................................................... 1-7
1.12 Abbreviations .............................................................................................................1-8
1.13 Definitions ................................................................................................................1-10
Chapter 2. Development Engineering Requirements
2 .1 Introduction ................................................................................................................ 2-1
2 .2 Applicability .............................................................................................................. 2-1
2.3 Required Dedications and Improvements .................................................................. 2-1
23.1 TypicalRequirements ..........................................................................................2-2
23.2 Specific Requirements for Short Subdivisions, Long Subdivisions and Binding Site
Plans ..................................................................................................................... 2-3
2.3.3 Specific Requirements for Commercial Building Permits ................................... 2-3
23.4 Specific Requirements for Miscellaneous Projects .............................................. 2-5
Octaber 2009 - � -
PC RECONID�NDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
23 .5 Other Requirements ............................................................................................. 2-5
2.4 Modifications to Requirements .................................................................................. 2-6
2.4.1 Variance ...............................................................................................................2-6
2.4.2 Capital Projects .............................................................................:......................2-6
2.43 Limiting Site Conditions ...................................................................................... 2-6
2.5 Applicants Responsibilities .............:.......................................................................... 2-7
Chapter 3. Traffic Analysis
3 .1 Introduction ................................................................................................................ 3 -1
3.2 Trip Generation & Distribution Letter Guidelines ..................................................... 3-1
3.2.1 Applicability ........................................................................................................ 3-1
3.2.2 Minimum Elements .............................................................................................. 3-2
33 Traffic Impact Analysis .................................:........................................................... 3-3
33 .1 Applicability ........................................................................................................ 3-3
3 .3.2 Scope ....................................................................................................................3-3
3 .3.3 Methodology ........................................................................................................3-3
33.4 TIA Report Muumum Elements .......................................................................... 3-4
3 .3.4.1 Title Page .................................................................................................... 3-4
33.4.2 Introduction and Summary ......................................................................... 3-4
33.4.3 ProposedDevelopment ...........................:...................................................3-5
3.3.4.4 Summary of Existing Conditions ................................................................ 3-5
3.3.4.5 BackgroundProjects ...................................................................................3-5
3 .3.4.6 Analysis Scenarios ......................................................................................3-6
3 .3.4.7 Other Analyses ............................................................................................ 3-6
3 .3.4.8 Findings .......................................................................................................3-7
33 .4.9 Appendices ..................................................:...............................................3-7
3 .4 Meetings ..................................................................................................................... 3-7
Chapter 4. Requirements far Plan Submittal
4 .1 Introducti on ................................................................................................................ 4-1
4.2 General Requirements ................................................................................................ 4-1
4.2.1 Plan Completeness ...............................................................................................4-1
4.2.2 Fonts .....................................................................................................................4-1
4.23 Lines and Symbols ...............................................................................................4-1
4.2.4 Sheet Size / Plan Medium .................................................................................... 4-1
4.2.5 Engineer Signature and Stamp ............................................................................. 4-2
4 .2.6 Scale .....................................................................................................................4-2
4.2.7 North Arrow ......................................................................................................... 4-2
4.2.8 Vertical and Horizontal Datum ............................................................................4-2
4.2.9 Utility Locate Note .............................................................................................. 4-2
4 .2.10 Title Block ........................................................................................................... 4-2
4.2.11 Required Civil Plan Sheets .................................................................................. 4-3
4.2.12 Required Traffic Plan Sheets ............................................................4-3
4.2.13 Other Required Plan Sheets ..............................................................4-3
43 Specific Requirements for Plan Sheets ...................................................................... 4-3
4 .4 Cover Sheet ................................................................................................................ 4-3
Octaber 2009 - li -
PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
4.4.1 Applicability ........................................................................................................ 4-3
4 .4.2 Minimum Elements .............................................................................................. 4-4
4.5 Clearing and Grading Plan ......................................................................................... 4-5
4 .5.1 Applicability ........................................................................................................ 4-5
4.5.2 Minimum Plan Elements ...................................................................................... 4-5
4.6 Street Improvements Plan .......................................................................................... 4-6
4.6.1 Applicability ........................................................................................................ 4-6
4.6.2 Minimum Plan View Elements ............................................................................ 4-6
4.63 Minimum Profile View Elements ........................................................................ 4-8
4.6.4 Minimum Typical Cross Section Elements ......................................................... 4-8
4.7 Onsite Improvement Plan .......................................................................................... 4-9
4.7.1 Applicability ........................................................................................................ 4-9
4.7.2 Minimum Elements for Onsite Improvement Plan .............................................. 4-9
4 .8 Drainage Plan ........................................................................................................... 4-11
4.9 Temporazy Erosion and Sediment Control Plan ...................................................... 4-11
4.10 Temporary Traffic Controi Plan .............................................................................. 4-1 ]
4.11 Permanent Traffic Control Plan ............................................................................... 4-11
4 .11.1 Area Map ........................................................................................................... 4-I 1
4.11.2 Road Segment Pages ..........................................................................................4-11
4 .113 Signing Plan .......................................................................................................4-11
4.11.4 Striping Plan ....................................................................................................... 4-12
4.11.5 Traffic Signal Plan ............................................................................................. 4-12
4.12 Site Plan of Record .................................................................................................. 4-12
Appendix 4A — General Construction Notes .................................................................... 4-13
Chapter 5. Land Disturbing
5 .1 Introduction ................................................................................................................ 5-1
5.2 Geotechnical Evaluation ............................................................................................5-1
5 .2.1 Applicability ........................................................................................................ 5-1
5.2.2 Qualified Professional .......................................................................................... 5-2
5.23 Geotechnical Report ............................................................................................. 5-2
53 Clearing, Grubbing & Grading .................................................................................. 5-2
5.4 Erosion and Sediment Control Requirements ............................................................ 5-3
5 .5 Cuts and Fills ............................................................................................................. 5-4
5.5.1 General Requirements .......................................................................................... 5-4
5.5.2 Ground Preparation and Fill Material .................................................................. 5-5
5 .53 Cut and Fill Setbacks ........................................................................................... 5-7
5 .6 Terracing ....................................................................................................................5-9
5 .7 Slope Easements ........................................................................................................ 5-9
5.8 Retaining Walls ........................................................................................................ 5-10
Chapter 6. UtiliHes
6.1 Introduction :............................................................................................................... 6-1
6.2 Requirements ............................................................................................................. 6-1
6.2.1 Utilities Located within Right-of-Way ................................................................ 6-1
6.2.2 Underground Utilities .......................................................................................... 6-1
October 2009 - ii� -
PC RECONIMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
6.2.3 Aboveground Utilities .......................................................................................... 6-2
6.2.4 Regional Pavement Cut Policy ............................................................................ 6-2
Appendix 6A — Regional Pavement Cut Policy ............................................................... 6-4
Chapter 7. Street Elements
7.1 Introduction ................................................................................................................ 7-1
7.2 Terrain Types ............................................................................................................. 7-1
73 Street Types ............................................................................................................... 7-1
73.1 Public Streets ....................................................................................................... 7-1
7.3.2 Private Streets ...................................................................................................... 7-2
7.33 Alleys ...................................................................................................................7-2
7.3.4 Private Driveways ................................................................................................ 7-3
7.4 Half-Street Improvements .......................................................................................... 7-3
7.5 Street Geometry ......................................................................................................... 7-4
7.5.1 Design Criteria ..................................................................................................... 7-4
7.5.2 Right-of-Way .......................................................................................................7-8
7.5.3 Border Easement .................................................................................................. 7-8
7.5.4 Grade ....................................................................................................................7-8
7.5.5 Cross Slope .......................................................................................................... 7-8
7.5.6 Horizontal Curves ................................................................................................7-9
7.5.7 Vertical Curves .................................................................................................... 7-9
7.5.8 Street Surfacing Requirements .......................................................................... 7-10
7.5.9 Curb and Gutter .................................................................................................. 7-10
7.5.10 Landscape Strip & Swales ................................................................................. 7-10
7.5.11 Turnazounds .......................................................................................................7-10
7.5.12 Bikeways ............................................................................................................7-11
7.5.13 Intersections ....................................................................................................... 7-12
7.5.14 Street Layout ...................................................................................................... 7-13
7.5.15 SurveyMonuments ............................................................................................7-14
7.5.16 Traffic Contro] Devices ..................................................................................... 7-15
7.6 Roadside Elements ................................................................................................... 7-16
7.6.1 Sidewalks ...........................................................................................................7-16
7.6.2 Pedestrian Ramps ............................................................................................... 7-16
7.63 Side Slopes ......................................................................................................... 7-17
7.6.4 Clear Zone .......................................................................................................... 7-17
7.6.5 SightDistance ....................................................................................................7-18
7.7 Miscellaneous Features ............................................................................................ 7-21
7.7.1 Street Names ...................................................................................................... 7-21
7.7.2 Mailboxes ....................................................................................:......................7-21
7.7.3 Guazdrail ............................................................................................................7-21
7.7.4 Bollards ..............................................................................................................7-21
7.7.5 Roadway Barricades .......................................................................................... 7-22
7.7.6 Entrance Gates ................................................................................................... 7-22
7.8 Approach Design Criteria ........................................................................................ 7-22
7.8.1 Applicability ...................................................................................................... 7-23
7.8.2 Access Limitations ............................................................................................. 7-23
October 2009 - iv -
PC RECOD�IIVIENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
7.83 General Design ................................................................................................... 7-24
7.8.4 Driveway Approach Horizontal and Vertical Grade ......................................... 7-24
7.8.5 Approach Widths ...............................................................................................7-24
7.8.6 Driveway Approach On-Site Layout ................................................................. 7-25
7.8.7 Corner Cleazance from Intersections ................................................................. 7-26
7.8.8 Driveway Approach Spacing — Same Side of Street ......................................... 7-27
7.8.9 Driveway Approach Methods of Measurements ............................................... 7-27
7.8.10 Restricted Access Driveways ............................................................................. 7-27
7.8.11 Alignment of Cross-Street Driveway Approaches ............................................ 7-28
7.8.12 Signalized Driveway Approaches ...................................................................... 7-28
7.8.13 Approaches on State Highways ......................................................................... 7-28
7.9 Traffic Calming ........................................................................................................ 7-29
7 .9.1 New Development ............................................................................................. 7-29
7.9.2 Existing Development ........................................................................................ 7-29
7.93 Traffic Calming Devices .................................................................................... 7-29
Chapter 8. Pavement Design
8 .1 Introduction ................................................................................................................ 8-1
8 .2 Street Classification ...................................................................................................8-1
83 Street Pavement and Subgrade ................................................................................... 8-1
8.3.1 Travelways in Residential Zones ......................................................................... 8-1
83.2 Travelways in Non-Residential Zones ................................................................. 8-2
8.33 Subgrade Preparation ........................................................................................... 8-2
8.4 Engineered Pavement Pazameters .............................................................................. 8-3
8.4.1 Traffic Parameters ................................................................................................ 8-3
8.4.2 Reliability Level ................................................................................................... 8-4
8.4.3 Overall Standard Deviation .................................................................................. 8-4
8.4.4 Initial and Terminal Serviceability Indexes ......................................................... 8-4
8.4.5 Structural Layer Coefficients ............................................................................... 8-4
8.4.6 Drainage Layer Coefficients ................................................................................ 8-4
8.4.7 SubgradeEvaluation ............................................................................................8-5
8.5 Report Submittal ........................................................................................................ 8-5
8.6 Materials Specifications ............................................................................................. 8-6
8.6.1 Gravel Base .......................................................................................................... 8-6
8.6.2 Crushed Rock ....................................................................................................... 8-6
8.63 Asphalt or Concrete Treated Base ....................................................................... 8-6
8.6.4 Hot Mix Asphalt .................................................................................................. 8-6
8.6.5 In-place Mainline Asphalt Compaction Test Requirements ................................ 8-7
8.6.6 Cold Joint Requirements ...................................................................................... 8-7
8.6.7 Longitudinal and Transverse Joint Requirements ................................................ 8-8
8.6.8 Tack Coats — Preparation of Existing Surfaces .................................................... 8-8
8.6.9 Cover Asphalt Loads During Transport ............................................................... 8-8
8.6.10 Breakdown Rolling Maximum Temperature Loss .............................................. 8-9
8.6.11 Asphalt Temperature Placement Requirements ................................................... 8-9
8.6.12 Paving Dates & Weather Limitations .................................................................. 8-9
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Chapter 9. Inspection and Certification
9.1 Introduction ................................................................................................................ 9-1
9.2 Applicability .............................................................................................................. 9-1
93 Authority to Stop Work ............................................................................................. 9-1
9.4 Responsibilities ..........................................................................................................9-2
9.4.1 Development Inspector ........................................................................................ 9-2
9.4.2 Onsite Inspector ................................................................................................... 9-2
9.43 ApplicanYs Engineer ........................................................................................... 9-2
9.4.4 Contractor ............................................................................................................ 9-3
9.5 Right-of-Way Permits ................................................................................................ 9-3
9.6 Pre-Construction Meeting .......................................................................................... 9-3
9.7 Construction Notification ........................................................................................... 9-4
9.7.1 Notices of Upcoming Construction ..................................................................... 9-4
9.7.2 Notices of Utility Shutdown and Access Limitations .......................................... 9-5
9.73 Notices for Inspection .......................................................................................... 9-6
9.8 Field and Lab Testing ................................................................................................ 9-6
9.8.1 Reporting ..............................................................................................................9-6
9.8.2 Minimum Material Testing Frequencies .............................................................. 9-6
9.83 Field Testing and Lab Requirements ................................................................... 9-6
9.9 Required Inspections .................................................................................................. 9-7
9.9.1 Erosion and Sediment Inspections ....................................................................... 9-7
9.9.2 Utility Inspections ................................................................................................ 9-7
9.9.3 HMA Inspections .................................................................................................9-7
9.9.4 Drainage Structure Inspections ............................................................................ 9-7
9.9.5 Drainage Swale and Drainage Facilities Inspections ........................................... 9-8
9.9.6 Swale Inspections during Warranty Period .......................................................... 9-8
9.10 Miscellaneous ............................................................................................................ 9-9
9.10.1 Changes During Construction .............................................................................. 9-9
9.10.2 Construction Complaints ..................................................................................... 9-9
9.103 Conflict Resolution .............................................................................................. 9-9
9.11 Final Walk-Through ...................................................................................................9-9
9.12 Record Drawings ..................................................................................................... 9-10
9.13 Project Certification ..............................................................:.................................. 9-10
9.13.1 Certification of Drainage Facilities .................................................................... 9-11
9.14 Performance Surety .................................................................................................. 9-11
9.14.1 Building Permit .................................................................................................. 9-11
9.14.2 Short Plats, Long Plats, and Binding Site Plans ................................................ 9-12
9.143 Performance Swety Amount .............................................................................. 9-12
9.14.4 Acceptable Sureties ............................................................................................ 9-12
9.14.5 Performance Surety Release .............................................................................. 9-12
9.15 Warranty Surety ....................................................................................................... 9-13
9.15.1 Warranty Surety Amount ................................................................................... 9-13
9.15.2 Acceptable Sureties ............................................................................................ 9-13
9.15.3 WarrantyDuration .............................................................................................9-13
9.15.4 Time Frames to Complete Repair ...................................................................... 9-13
9.15.5 Failure to Complete Repair ................................................................................ 9-14
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9.15.6 Responsibility for Maintenance ......................................................................... 9-14
9 .16 Street Establishment ................................................................................................. 9-14
Appendix 9A - Minimum Material Testing Frequencies ................................................. 9-16
Appendix 9B - Final Certification Checklist (Sample) .................................................... 9-17
Appendix 9C - Examples of Sureties ............................................................................... 9-18
Appendix 9D - Erosion and Sediment Control Log ......................................................... 9-25
Chapter 10. Maintenance
10.1 Introduction ..............................................................................................................10-1
10.2 Maintenance Responsibility .....................................................................................10-1
10.2.1 Public Streets .............................................................:.......:...............................10-1
10.2.2 Private Streets and Driveways ........................................................................... 10-1
10.3 Required Documents ................................................................................................ 10-2
103.1 Homeowners' and Property Owners' Associations ........................................... 10-2
103.2 Operation and Maintenance Manual .................................................................. 10-2
103.3 Financial Plan ..................................................................................................... 10-3
103.4 Conversion from Private to Public Street ..........................................................10-4
Chapter 11. Standard Plans ....................:.............................................................. Last Updated
Draftin
D-100 Drafring Standazds ............................................................................................ 9/1/09
D-101 Drafting Stan ..................................................................................................... 9/1/09
D -102 Drafting Stan ..................................................................................................... 9/1/09
D -103 Drafting Stan ..................................................................................................... 9/1/09
D-104 Drafting Stan ..................................................................................................... 9/1/09
D-105 Drafting Stan ..................................................................................................... 9/1/09
Roads/Streets
R-102 Curbing .............................................................................................................9/1/09
R -103 Sidewalk ............................................................................................................9/1/09
R-105 Pedestrian Ramps Typical ................................................................................ 9/1/09
R-106 Pedestrian Ramps Midblock and Adjacent Sidewalk ....................................... 9/1/09
R-110 Driveway Approach Separated Sidewalk ......................................................... 9/1/09
R-111 Driveway Approach Swale Inlet ....................................................................... 9/I/09
R-112 Driveway Approach Adjacent Sidewalk ........................................................... 9/1/09
R-113 Driveway Approach High Volume ................................................................... 9/1/09
R-114 Driveway Approach Asphalt ............................................................................ 9/1/09
R-115 Driveway Approach For Private Streets and Driveways .................................. 9/1/09
R-117 Driveways - General Requirements .................................................................. 9/i/09
R-119 Typical Street Section - Half Street ................................................................. 9/1/09
R-120 Typical Stteet Section Local Residential .......................................................... 9/1/09
R-121 Typical Street Section Local Commercial ........................................................ 9/1/09
R-122 Typical Street Section Collector ....................................................................... 9/1/09
R-125 Alley Section ..................................................................................................... 9/1/09
R-127 Step Wedge Longitudinal Cold Joint .............................................................. 9/24/09
R-130 Cul-de-Sac Public Street ..............................................:.................................... 9/1/09
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R-131 Public Street Turnazound - Future Intersection ................................................ 9/1/09
R-132 Public Street Turnazound — Future Connection ................................................ 9/1/09
R-133 Private Street and Driveway Turnarounds ........................................................ 9/1/09
R-140 StreetSigns .......................................................................................................9/1/09
R-142 Type III Barricade ............................................................................................. 9/1/09
R-145 Stuvey Monuments ...........................................................................................9/1/09
R-150 Gated Access Requirements ............................................................................. 9/1/09
Utilities
U-100 Utility Location Detail ...................................................................................... 9/1/09
U-101 Aboveground Utility Placement ....................................................................... 9/1/09
U-102 Fire Department Hydrant Requirements ........................................................... 9/1/09
Stormwater
S-101 Precast Drywells Placed in Swale ..................................................................... 9/1/09
5-102 Precast Drywells Placed in Asphalt .................................................................. 9/1/09
S -103 Drywell Details ................................................................................................. 9/1/09
S-104 Drywell Frame and Grates ................................................................................ 9/1/09
5-105 Precast Drywell & Inlet Details ........................................................................ 9/1/09
5 -110 Curb Inlet Type 1 .............................................................................................. 9/1/09
S -I 11 Curb Inlet Type 2 .............................................................................................. 9/1/09
5 -112 Catch Basin Type 1 ........................................................................................... 9/1/09
5-113 Concrete Inlet Type 1 ....................................................................................... 9/]/09
5 -114 Concrete Inlet Type 2 ....................................................................................... 9/1/09
S -115 CombinationInlet .............................................................................................9/1/09
5-117 Catch Basin & Inlet Installation ........................................................................ 9/1/09
S-121 Metal Grate Type 1(Bypass) ............................................................................ 9/1/09
5-122 Metal Grate Type 3(Low Point) ....................................................................... 9/1/09
5-130 Roadside Swales ...............................................................................................9/1/09
5-140 Oil Water Sepazator ..........................................................................................9/1/09
Traffic
T-101 Traffic Circle ..................................................................................................... 9/1/09
List Figures ..............................................................................................................................ix
List Tables ................................................................................................................................x
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City of Spokane Valley Street Standards
List of Figures
No Title PaQe No.
Figure 5-1 Fill Minimum Requirements ................................................................................ 5-6
Figure5-2 Setbacks ............................................................................................................... 5-8
Figure 7-1 Sight Distance Triangle for Case A ................................................................... 7-20
Figure 7-2 Sight Distance Triangle for Case B ................................................................... 7-20
Figure9-1 Typical Sign ......................................................................................................... 9-5
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City of Spokane Valley Street Standards
List of Tables
No Title PaQe No.
Table 2.1 Required Street Improvements for Commercial Building Permits ...................... 2-4
Table 7.1 Arterial Street Design Criteria ............................................................................. 7-5
Table 7.2 Arterial Street Design Criteria Minimum Widths ................................................ 7-6
Table 7.3 Access Street Design Criteria .............................................................................. 7-7
Table 7.4 Minimum Street Approach Length .................................................................... 7-12
Table 7.5 Minimum Intersection Spacing .......................................................................... 7-13
Table 7.6 Minimum Stopping Sight Distance .....:.............................................................. 7-18
Table 7.7 Minimum Intersection & Approach Sight Distances ......................................... 7-19
Table 7.8 Driveway Approach Spacing ............................................................................. 7-27
Table 7.9 State Routes Classifications ............................................................................... 7-29
Table 8.1 Equivalent Single Axle Loads ............................................................................. 8-3
Table 8.2 Initial and Terminal Serviceability Indexes ......................................................... 8-4
Table 83 Structural Layer Coefficients ............................................................................... 8-4
Table 8.4 Recommended Drainage Coefficients ...................:............................................. 8-5
Table8.5 Moduli Ratio ........................................................................................................ 8-5
Table 8.6 Performance Grade .............................................................................................. 8-7
Table 8.7 Recommended Minimum Laydown Temperature ............................................... 8-9
Table 9.1 Required Sign Information .................................................................................. 9-5
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CHAPTER 1- INTRODUCTION
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Chapter Organization
1.1 Title .....................................................................................................................:...........1
1.2 Intent and Provisions ....................................................................................................... 1
13 Objectives of Street Standards ........................................................................................ 1
13 .1 Minimum Standazds ................................................................................................ 1
13 .2 Objectives ............................................................................................................... 2
1.4 Authority .........................................................................................................................2
1.4.1 Development Services Senior Engineer .................................................................. 2
1.4.2 Senior Traffic Engineer ........................................................................................... 3
1.43 Senior Capital Projects Engineer ............................................................................ 3.
1.5 Document Organization .................................................................................................. 4
1.6 Amendments and Revisions to Standards ....................................................................... 4
1 .6.1 Policy Revisions ...................................................................................................... 5
1 .6.2 Technical Revisions ................................................................................................ 5
1.7 Interpretation of Standards .............................................................................................. 5
1.7.1 Governing Standazds ............................................................................................... 6
1.7.2 Prior Acceptance of Construction Plans ................................................................. 6
1.73 Severability ............................................................................................................. 6
1.8 Contact Information ........................................................................................................ 6
1 .9 Reference Material .......................................................................................................... 7
1 .10 Vaziance ..........................................................................................................................8
1 .11 DesignDeviations ...........................................................................................................8
1 .12 Abbreviations ..................................................................................................................9
1 .13 Definitions .....................................................................................................................10
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1.1 TITLE
These regulations, along with all future amendments, shall be known as the City of
Spokane Valley Street Standards (hereinafter called "Standards" or "Street Standazds").
1.2 INTENT AND PROVISIONS
These Standards apply to all capital and development projects within the City's limits
and, to the extent allowed by law, to those projects outside of City limits that impact City
infrastructure or transportation systems. When full compliance with these Standazds
makes a capital project impracticable or unfeasible, exceptions may be granted for
reconstruction, resurfacing, restoration and rehabilitation of existing public streets.
The City's review and approval of any plans, reports, or drawings or the City's inspection
and approval of any improvements constructed by the Applicant in accordance with these
Standazds, does not constitute a representation, warranty, or guazantee by the City that
such improvements are free from defects or will operate adequately for the purpose
intended.
The chapters and appendices that make up these Standazds pertain to planning, design,
approval, construction, inspection, testing, and documentation of street improvements.
The intent of this manual is to establish the minimum acceptable standards.
1.3 OBJECTIVES OF STREET STANDARDS
1.31 MINIMUM STANDARDS
These Standards shall be the minimum standazds necessary for design and
construction of all street related improvements in the City. Special situations as
determined by the City may require different facilities and/or standazds. For items not
covered by these Standards, the City may require the use of other standards as
referenced in Section 1.9.
It is incumbent upon the Applicant's engineer to use good engineering practice and to
be aware of, and implement, new design practices and procedures that reflect current
techniques in civil engineering. Good engineering practice is defined in these
Standards as professional and ethica] conduct that meets the current codes and
regulations adopted for engineers. The proposed design shall consider functionality,
constructability, operation, and maintenance, including the health, safety and welfare
of the public.
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
1.3Z OBJECTIVES
It is the objective of these Standazds to address the following:
o To provide for an efficient transportation system and improve local
circulation and emergency access by providing connectivity between
residential streets and arterials;
� To extend the functional life of the existing transportation systems and
increase its safe and efficient operation;
� To ensure public facilities and services meet level of services established
in the adopted Comprehensive Plan;
a To encourage the use of public streets in new development;
� To protect the public health, safety, environment, and welfaze to the
greatest extent possible resulting from construction and maintenance
activities within the public right-of-way;
o To ensure the primary uses of the public right-of-way are for bicycle,
pedestrian and vehicular uses of right-of-way;
o To ensure the public right-of-way is properly maintained during
construction and repair work in these areas;
o To protect the City's infrastructure investment by establishing
standardized design, materials, construction, and repair criteria for all
public improvements;
� To optimize the use of the limited physical capacity of public right-of-way
held by the City;
o To provide an efficient permit system that regulates and coordinates
activities in an effective and safe manner;
� To protect private and public property from damages that could occur
because of faulty design and construction; and,
o To provide criteria for inspection of public and private improvements, in
order to assure conformance with the approved plans, proper construction
techniques, and to ensure that acceptable materials are used for the
construction process of such public and/or private improvements.
1.4 AUTHORITY
The following sections describe City engineering positions have authority over these
Standards.
1.41 DEVELOPMENT SERVICES SENIOR ENGINEER
The Development Services Senior Engineer is part of the Development Services
Division of Community Development Department and has the authority to:
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• Require development projects to provide and improve future acquisition
azeas, dedicate right-of-way and border easements, construct new streets,
and/or improve existing infrastructure to the applicable standazd pursuant
to City of Spokane Valley Uniform Municipal Code (SVMC) Title 22.130,
RCW 35.63.080, RCW 35.63.090, RCW 35A.63.100, RCW 43.21C,
RCW 58.17, and RCW 82.02.020;
• Make slight modifications to the standazd sections for public streets when
site conditions warrant;
• Ensure that all design and construction for development projects is
completed to a level that is equal to or exceeds the Yequirements set forth
in these Street Standards;
• Make revisions to the Street Standazds in accordance with Section 1.6;
and,
• Review and approve design deviations for development projects in
�
accordance with Section 111.
1.4.2 SENIOR TRAFFIC ENGINEER
The Senior Traffic Engineer is part of the Traffic Division of the Public Works
Department and has the authority to:
• Determine traffic concurrency for development projects pursuant to
SVMC 22.20;
• Review and approve driveway locations within intersections;
• Review and approve signal, signing and striping plans to ensure that meet
or exceed the applicable MiJTCD standazds;
• Ensure that capital projects and development projects meet or exceed the
traffic requirements set forth in Chapter 3; and,
• Impose other traffic requirements to the extent allowed by the law.
1.4.3 SENIOR CAPITAL PROJECTS ENGINEER
The Senior Capital Projects Engineer is part of the Capital Improvement Program
Division of the Public Works Departrnent and has the authority to:
• Ensure that all design and construction for capital projects is completed to a level
that is equal to or exceeds the requirements set forth in these Street Standazds;
• Review and approve design deviations far capital projects in accordance
with Section 1.11; and,
I • Make skgk�-deviations or modifications to the standazd sections for capital
projects when site conditions warrant in accordance with Section 1.11.
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1.5 DOCUMENT ORGANIZATION
These Standards aze generally organized as described below:
o Chapter 2 describes typical project requirements.
o Chapter 3 describes traffic analysis requirements;
� Chapter 4 describes requirements for plan submittal;
o Chapter 5 describes requirements for clearing and grading;
o Chapter 6 describes requirements for utility work;
• Chapter 7 describes requirements for street design;
o Chapter 8 describes requirements for pavement design;
o Chapter 9 describes requirements for inspection and certification;
o Chapter 10 describes maintenance requirements; and,
a Chapter 11 provides the City's Standard Plans.
1.6 AMENDMENTS AND REVISIONS TO STANDARDS
The Street Standards may be periodically amended as necessary to provide additional
clazity or to reflect changes in policy or in construction or engineering practice. Such
revisions to these Standards may consist of either "policy" revisions or "technical"
revisions.
The City will maintain an electronic file of these Standazds. All updates and revisions
will be available on the City web page or at the City Clerk's office.
1.6.1 POLICY REVISIONS
Policy revisions shall be considered major changes, changes in law and changes that
will cause significant increased cost or controversy. Policy revisions also include
those changes that relate to the public use and convenience, such as changes in
standard street width.
Policy revisions require a public hearing process for their adoption and City Council
approval.
1.6.2 TECHNICAL REVISIONS
Technical revisions shall consist of minor additions, clarifications, revisions, and
corrections to the Street Standards and City standazd plans as may be necessary to
better conform to good engineering and/or construction standards and practice.
Technical revisions shall be:
• Consistent with all existing policies relevant to the revision;
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• Necessazy for the pubiids health, safety and welfare;
a Needed to clarify these Standazds; or,
• Consistent with existing law.
Technical revisions shall become effective when approved in writing. If technical
revisions aze deemed necessazy, the revisions may occur through either:
o Planned periodic revisions; or.
• An accelerated process. If a technical revision is determined to be
immediately necessary, then the change shall be made and notification
given on the web page. Document holders on record with the City, will be
notified of the changes.
1.7 INTERPRETATION OF STANDARDS
In the interpretation and application of the provisions of the Street Standazds, the
following principles apply:
1.7.1 GOVERNING STANDARDS
Whenever a provision of the Street Standards or any provision in any law, ordinance,
resolution, rule, or regulation of any kind contains restrictions covering any of the
same subject matter, the standards that aze more restrictive or impose higher
standazds or requirements shall govem.
1.7.2 PRIOR ACCEPTANCE OF CONSTRUCTION PLANS
The Street Standazds shall not modify, or alter any street construction plans that have
been filed with and accepted by the City prior to the effective date of the ordinance or
resolution adopting the Street Standards. This exception shall be subject to the
conditions and limitations under which said plans were accepted by the City.
1.7.3 SEVERABILITY
If any section, sentence, clause or phrase of these Standards should be held invalid or
unconstitutional, the validity or constitutionality thereof shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of these Standazds.
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1.8 CONTACT INFORNIA'�'ION
Community Development Department Development Engineering Division
City of Spokane Valley CiTy of Spokane Valley
11707 E. Sprague, Suite 106 11707 E. Sprague, Suite 106
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Phone(509)688-0050 Phone(509)921-1000
Fax(509)688-0037 Fas(509)921-1008
Public Works Department Building Division
City of Spokane Valley City of Spokane Valley
11707 E. Sprague, Suite 106 11707 E. Sprague, Suite B-3
Spokane Valley, WA 99206 Spokane Valley, WA 99206
Phone(509)688-0198 Phone(509)688-0036
Fax(509)688-0037 Fax(509)688-0037
Spokane Valley Fire Department Fire Protection District 8
Prevention Office
13319 E Sprague 12100 E Palouse Highway
Spokane Valley, WA 99206 Valleyford, WA 99036
Phone (509) 928-1700 Phone (509) 926-6699
Fax (509) 892-4125 Fax(509) 924-8358
1.9 REF'ERENCE MA�'ERIAL
The Street Standards are supplemented by the "Washington State Department of
Transportation/American Public Works Association (WSDOT/APWA) Standazd
Specifications for Road, Bridge and Municipal Construction," latest edition. The Street
Standazd Details aze comprised of the City's construction and design detail drawings for
grading, storm drainage, and street work within the City that are supplemented by the
Washington State Department of Transportation (WSDOT) "Standard Plans for Road,
Bridge and Municipal Construction."
The current edition of the following publications should be used as additional reference
material for design applications:
A. American Association of State Highway and Transportation Officials'
(AASHTO) "A Policy on Geometric Design of Highways and Streets"
B. AASHTO Guide for the Development of Bicycle Facilities
C. AASHTO Standazd Specifications far Highway Bridges
D. Americans with Disabilities Act (ADA)Accessibility Guidelines
E. American Society for Testing and Materials (ASTM)
F. Associated Rockery Contractors, Standard Rock Wall Construction Guidelines
G. City of Spokane Valley Municipal Code
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PC RECOMIvtENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
H. Federal Highway Administration (FHWA) Engineering Circulazs
I. Highway Capacity Manual
J. Institute of Transportation Engineers (ITE) Trip Generation Manual
K. Intemational Fire Code adopted by the City
L. Model Traffic Ordinance
M. Spokane County Standazds for Road and Sewer Construction
N. Spokane Regional Stormwater Manual
O. U. S. Department of Transportation Manual on Uniform Traffic Control
Devices, (MUTCD)
P. Washington Department of Ecology Stormwater Management Manual for
Eastem Washington
Q. Washington State Department of Transportation (WSDOT) Design Standards
R. WSDOT Guidelines for Urban Arterial Program
S. WSDOT Local Agency Guidelines
T. WSDOT Standard Specifications for Road, Bridge and Municipal Construction
U. WSDOT "Design Standards
V. Design criteria of federal agencies including the Federal Housing
Administration, Department of Housing and Urban Development; and the
Federal Highway Administration, DeparUnent of Transportation
1.10 VARIANCE
The requirements established in Chapter 2 can only be waived or reduced through a
variance. Refer to SVMC Title 19.170 for vaziance process and requirements.
1.11 DESIGN DEVIATIONS
In special cases, strict application of Street Standards may not best address a particulaz
engineering situation. In these cases, a design deviation may be requested. Design
deviation requests shall be on the City's form and include applicable engineering
justification for the deviation. The Development Services Senior Engineer is the final
authority to deny or approve a design deviation request for development projects. For
capital projects, the authority lies with the Senior Capital Projects Engineer.
The Applicant shall request a design deviation when either of the following situations
applies:
o The project proposes non-standazd methods, analysis, design elements or
materials; or,
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� The project proposes design elements above maximum criteria or below the
minimum criteria found in these Standazds.
A design deviation will only be considered for review if:
o The design elements proposed do not conflict with or modify a condition of
approval; and,
o The design elements proposed are based on sound engineering principles, and are
not inconsistent with the public interest, and the City's goals and policies.
For consideration of a design deviation, the Applicant shall submit a design deviation
request and supporting documentation. The supporting documentation shall include
sufficient information for the City to make a decision as to the adequacy of the proposal.
The design deviation package shall demonstrate that:
s There aze special physical circumstances or conditions affecting the property that
may prohibit the application of some of the requirements of these standazds;
o Every effort has been made to find alternative ways to meet the objectives of the
Street Standazds;
o Approving the design deviation will not cause adverse impact on down gradient
or adj acent properties, public health or welfaze; and,
o Approving the design deviation will not adversely affect the goals and policies of
the Cit}�'s Comprehensive Plan, Municipal Code, Sub-Area Plan, Street Master
Plan, and Transportation Improvement Plan.
L12 ABBREVIATIONS
When the following abbreviations appear in these Standazds, they shall mean the
following:
AASHTO American Association of State Highway and Transportation Officials
ADA Americans with Disabilities Act
ADT Average Daily Trips
APWA American Public Works Association
ASA American Standards Association
ASTM American Society for Testing Materials
BMPs Best Management Practices
CBR California Bearing Ration
CC&Rs Covenants, Codes and Restrictions
CESCL Certified Erosion and Sediment Control Lead
CSBC Crush surfacing base course
CSTC Crush surfacing top course
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Dbh Diameter Breast Height
ESALs Equivalent Single-t�le Loads
ESC Erosion and Sediment Control
FAA Federal Aviation Admuustration
FEMA Federal Emergency Management Agency
FHWA Federal Highway Administration
FOP Field Operating Procedure
GMA Growth Management Area
HCM Highway Capacity Manual
HMA Hot Mix Asphalt
HOA Homeowner's Association
IBC International Building Code
IRC Intemational Residential Code
ITE Institute of Transportation Engineers
LOS Level of Service
M� Resilient Modulus
Mi1TCD Manual on Uniform Traffic Control Devices
O&M Operations and Maintenance _
PI Point of Intersection
PC Point of Curvature
PCR Point of Curve Return
PE Professional Engineer
PGIS Pollution Generating Impervious Surfaces
PLS Professional Land Surveyor
POA Property Owner's Association
PT Point of Tangency
RCW Revised Code of Waslungton
SEPA State Environmental Policy Act
SI Street intersection
SR State Route
SRSM Spokane Regional Stormwater Manual
SRTC Spokane Regional Transportation Council
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SVMC Spokane Valley Municipal Code
TESC Temporary Erosion and Sedimentation Control
TIA Traffic Impact Analysis
TIP Transportation Improvement Program
USGS United States Geological Survey
WAC Washington Administrative Code
WAQTC Western Alliance for Quality Transportation Construction
WSDOT Washington State Department of Transportation
1.13 DEFINITIONS
For the purpose of these Street Standazds, certain words and terms aze herein defined.
The word "shall" is always mandatory. The word "may" is permissive, subject to the
judgment of the person administering the code. The word "should" indicates an advisory
condition, recommended but not required.
These definitions take precedence over those found elsewhere. In the event a technical
term is not listed below, definitions shall be taken from the WSDOT Design Manual.
Access Management: The concept of a public agency controlling the location of
access points in order to achieve the dual purposes of providing access to individual
land uses and limiting access on higher order streets in order to facilitate the smooth
flow of traffic with a limited amount of impedance.
Applicant: The party or parties desiring to construct a public or private improvement
within CiTy rights-of-way, easements or private property, securing all required
approvals and permits from the City, and assuming full and complete responsibility
for the project. The Applicant may be the Owner or the individual designated by the
Owner to act on his behalf.
Binding Site Plan: A division of land approved administratively by the Department
of Community Development, which legally obligates a person making a proposal to
conditions, standards or requirements specified by these Standazds and the SVMC.
Border Easement: A dedicated easement on private property adjacent to public
street right-of-way established for the purpose of utility, drainage facilities, pedestrian
access or other public purpose.
Building Division: The Division at the City of Spokane Valley responsible for
reviewing, issuing and certifying construction permits.
Certificate of Occupancy: An official certificate issued by the City building official
that indicates conformance with building requirements and zoning regulations and
authorizes legal use of the premises for which it is issued.
Certification Package: A packet prepazed by the Onsite Inspector including, but not
limited to, Mylar record drawings, weekly reports, certification checklist and related
construction documents, for review by the City to deternune project acceptability.
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City: City of Spokane Valley, Washington.
Clear Zone: A relatively flat area void of fixed objects or obstructions beyond the
edge of the traveled way that allows drivers to stop safely or regain control of a
vehicle that leaves the traveled way.
Clearing and grubbing: Includes, but is not limited to, removing trees, stumps, roots,
brush, structures, abandoned utilities, trash, debris and all other materials found on or
near the surface of the ground in the construction area.
Concurrency: A requirement that those public facilities and services necessary to
support development shall be adequate to serve the development at the time the
development is available for occupancy and use, without decreasing the current level
of service below locally established minimum standards.
Contractor: The individual, partnership, firm or organization to whom a construction
contract has been awazded by the Applicant, or who has been issued a right-of-way
work permit by the City, for work covered by the contract. Agents, employees,
workers, subcontractors, or designers employed by the Contractor are also bound by
the terms of the contract or permit.
Corner Clearance: At an intersecting street, the distance measured along the curb
line from the projection of the intersecting street flowline to the neazest edge of the
curb opening.
County: Spokane County.
Design Deviation: An administrative approval of design elements that do not
conform to or are not explicitly addressed by these Standazds.
Designer: The person or persons responsible for the creation and submission of
contract documents or construction plans for the purpose of one-time construction of
a facility. This person shall be a Washington licensed professional engineer.
Development: Any man-made change to improved or unimproved real estate.
Development Agreement: The contract between the City and the Applicant that
defines public improvement requirements, costs, and other related public
improvement issues.
Development Inspector: A City employee, responsible for coordinating with the
Onsite Inspector(s), reviewing and accepting certification packages and wazranty
sureties, and recommending public streets for establishment.
Driveway: Any azea, improvement or facility between a public or private street and
private property, which provides ingress/egress for vehicles from a public or private
street to a lot or parcel.
Driveway Approach: The transition at the end of a private street or driveway where
it connects to a public or private street. For details, see standazd plans.
Easement: A right to use the land of others. The right may be from the common law
or may be acquired, usually by purchase or condemnation and occasionally by
prescription or inverse condemnation. The right is not exclusive, but subject to rights
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of others in the same land, the lesser right being subservient to a prior right which is
dominant. Easements for drainage may give rights to impound, divert, dischazge or
concentrate surface flow, extend pipelines, deposit silt, erode, scour, or any other
necessary consequence of a development.
Engineer: Shall mean a professional engineer. See Professional Engineer definition.
Engineered Driveways: Driveways, which due to their length, surface azea or other
situational factors, are required to be designed by a professional engineer licensed in
the State of Washington.
Fill: A deposit of earth material placed by artificial means.
Fire Department: Fire district having jurisdiction.
Fire Lane: An access designated to accommodate emergency access to a parcel of
land or its improvements.
Final Acceptance: The written notification from Development Engineering, after the
Development Services Senior Engineer finds the Warranty Period to be satisfactorily
completed, that all public improvements are free of defects and the City releases the
Applicant from future maintenance obligations.
Frontage Improvements: Required improvements on public streets fronting the
property which typically include pavement widening, curb, gutter, grassy swale, and
sidewalk.
Future Acquisition Area: Area identified on property as potentia] right-of-way for
public purposes, typically reserved through an easement restricting construction
within the easement area.
Grading: The physical manipulation of the earth's surface and/or surface drainage
pattern which includes surcharging, preloading, contouring, cutting, and filling to
establish final site grades.
Half-Street Improvements: Shall mean, the construction of frontage improvement
on the street fronting the property or development, including paving from the street
centerline, curb, gutter, swale or grassy strip, and sidewalk, plus a minimum of a 12-
foot lane on the opposite side of centerline with a 1-foot gravei shoulder and grassy
ditch for stormwater treatment. The fina] pavement width shall be at least 28 feet
Improvements: All public or private improvements within City right-of-way or
easements. Development of a public or private street, typically including some or all
of the following: pavements, curb, gutter, landscaped, swale, sidewalk, drainage
improvements.
Intersection Sight Distance: The distance necessary for the driver of a motor vehicle
stopped at an intersection or driveway to see approaching vehicles, pedestrians, and
bicyclists along the intersecting major street and have sufficient space to make any
allowed move to cross the intersection or merge with traffic without causing vehicles,
pedestrians, or bicyclists traveling at or near the design speed on the major street to
slow down. The controlling distance for design is the longest distance, generally the
distance necessary to merge with traffic.
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Land Disturbing Activity: The result in a change in existing soil cover (vegetative
or non-vegetative) or site topography. Land disturbing activities include, but are not
limited to, demolition, construction, clearing and grubbing, grading and logging.
Level of Service (LOS): A measure of a public facility or service's operational
chazacteristics used to gauge its performance.
Offsite Improvements: Construction of facilities located away from and up to a
project site, necessary to serve the proposed development or to mitigate effects of the �
development.
Onsite Inspector: A qualified person or firm, hired by the Applicant or Owner,
responsible for project inspection and certification.
Pollutant Generating Impervious Surface (PGIS): Impervious surfaces that aze
significant sources of pollutants in stormwater runof£ Such surfaces include those
that are subject to vehiculaz use, industrial activities, or storage of erodible or
leachable materials that receive direct rainfall, or run-on or blow-in of rainfall. Metal
roofs aze considered to be PGIS unless coated with an inert, non-leachable material.
Roofs that are subject to venting of manufacturing, commercial, or other indoor
pollutants aze also considered PGIS. A surface, whether paved or not, shall be
considered PGIS if it is regulazly used by motor vehicles. The following aze
considered regularly-used surfaces: streets, non-vegetated street shoulders, bike lanes
within the traveled lane of a street, driveways, pazking lots, unfenced fire lanes,
vehiculaz equipment storage yards, and airport runways.
Pre-Construction Meeting: A meeting between the Designer and assigned agents,
the Onsite Inspector, and the Development Inspector to review proposed work
necessary to construct the project, prior to proceeding with the work. A meeting may
be required for each project, at the Development Inspector's discretion.
Private Street: A local access street that is privately owned and maintained by
capable and legally responsible owner(s).
Professional Engineer (P.E.): A civil. engineer licensed in Washington under
Chapter 18.43 RCW who is qualified by examination and/or experience to practice in
the fields of civil, geotechnical and/or soils engineering.
Professional Land Surveyor (P.L.S.): A Washington licensed land surveyor.
Project: The public or private improvement(s) designated in the approved plans,
which aze to be constructed in conformance with these Standards. The term "ProjecY'
includes any and all public or private improvement projects for or within the City,
whether development projects, private utility projects, or capital improvement
projects.
Public Improvements: Public facilities to be located within the right-of-way or
border easement which include pavement, carb and gutter, sidewalk,
pedestrian/bike/equestrian paths, storm drain facilities, bridges, water distribution or
transmission facilities with related appurtenances, pavement markings, signage and
striping, traffic signals and related appurtenances, erosion control and right-of-way
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grading, or earth excavation processes integral to construction of other public
improvements listed herein.
Punch list, Initial or Final: A written list of work items, compiled by the Onsite
Inspector, which do not conform to these Standards, the plans or other associated City
Codes that govern the project and require conection prior to project approval.
Record Drawings: Original approved design drawings, updated by a professional
engineer which depicts all modifications from the design that occurred during
construction.
Redevelopment: Removal or modification of existing improvements and
construction of new improvements or substantial remodeling.
Regional Pavement Cut Policy: A regional policy adopted by the City of Spokane
Valley, City of Spokane, and Spokane County. This policy, amongst other things,
restricts cutting or replacing street improvements for a period of three yeazs following
the construction of a newly paved street.
Right-of-way (Also "public right-of-way"): The land area (owned by the City)
provided by dedication for public use of streets, utilities, walks, and other uses, also
providing access to adjoining properties.
Right-of-way Permit: A permit, with or without conditions specified by the City,
which allows an Applicant to construct any public or private improvements within the
public right-of-way or border easement.
Short Subdivision: A division of land resulting in the creation of 9 or fewer lots.
Slope, Recoverable: A slope on which a motorist may retain or regain control of a
vehicle by slowing or stopping. Slopes flatter than 4:1 are generally considered
recoverable.
Slope, Non-recoverable: A slope considered being traversable but on which an
errant vehicle continues to bottom. Embankment slopes between 3:1 and 4:1 may be
considered traversable but non-recoverable if they aze smooth and free of fixed
objecis.
Specificallons: Construction and standards adopted by the City.
Speed — 85th Percentile: The speed at or below which 85 percent of the motorists
drive on a given street unaffected by slower traffic or poor weather. This speed
indicates the speed that most motorists on the street consider safe and reasonable
under ideal conditions.
Street: A public or private way for vehicular travel, exclusive of the sidewalk or
shoulder even though such sidewalk or shoulder is used by persons riding bicycles.
Street Classifications: The identification of a street according to different levels of
emphasis on traffic movement versus direct access to property.
Surety: A financial instrument securing the Applicant's responsibility to complete
construction of public or private improvements within an approved project. Surety
shall also mean a financial instrument securing the ApplicanYs obligations throughout
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the Warranty Period. Sureties approved by the City include cash, letters of credit and
savings assignment.
Surety, Performance: A surety securing the ApplicanYs responsibility to complete
construction of public or private improvements within an approved project.
Surety, Warranty: . A surety securing the Applicant's obligations throughout the
warranty period; required of projects in the public right-of-way and border easements,
guazanteeing against defects in street construction, utility work and/or drainage
facilities.
Surveyor: Shall mean a professional land surveyor, see definition.
Swale: A grassland percolation azea designed to accept and treat storm runoff from
impen�ious azeas such as streets, driveways, sidewalks, pazking lots, roofs, etc.
Traffic Calming Devices: Physical measures included in the design of travel ways
that improve neighborhood livability by reducing the speed and impact of vehicular
traffic on residential streets.
Travel Lane: The portion of the street intended for the movement of vehicles,
exclusive of shoulders and lanes for pazking.
Trip Generation and Distribution Letter: A document, prepared by a professional
civil engineer with experience in traffic, design and analysis; that identifies the
amount of traffic anticipated to and from a development. The letter is reviewed to
determine if a tr�c impact analysis is required.
Traffic Impact Analysis (TIA): A study of the potential traffic impacts of a
development on the transportation system.
Variance: The process used to change or reduce improvements required of a project.
Warranty Per'►od: The period of time that the Applicant is responsible for material
and workmanship defects in the public improvements, which remains in effect until
written notification is issued by the City. Warranty period is a minimum of two
yeazs.
Wheel Path: The 3-foot wide portion of a travel lane, located on both sides of the
travel lane and the 2-foot wide portion from the center of the travel lane.
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CHAPTER 2 - DEVELOPMENT
ENGINEERING REQUIREMENTS
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Chapter Organization �\\ \ ` i,
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21 Introduction .................................................. /{� �. �: ............................................. 1
............
2.2 Applicability .....:.:.....:.:.... ........... \\.//........ � �................................................ 1
....
23 Required Dedications and Improvements ....................................................................... 1
23.1 Typical Requirements .................. ��....................................................................... 2
23.2 Specific Requirements for Short Subdivisions, Long Subdivisions and Binding
Site Plans ..................`....:................................1�................................................................... 3
2.33 Specific.Requirements for Commercial Building Permits ...................................... 3
� - �. ........................ 5
2.3 4/ Specific Requirements for Miscellaneous Projects .........................
2:3 5� Other Requirements ......:......................................................................................... 5
2r4 Ivfodifications to�Requirements ....................................................................................... 6
2.4.1 �Uariance.....�..� ........:.............................................................................................6
2 .4.2 Gapital Projects � ...................................................................................................... 6
2.4.3 I;imiting Site Conditions ............................................................:............................ 6
.
2.5 Applicant:s Responsibilities ........................................................................................... 7
List of Tables //
Table 2.1 Required Street Improvements for Commercial Building Permits ............................... 4
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2.1 INTRODUCTION
This chapter sets forth the specific requirements of the Development Engineering
Division (Division) of the Community Development Department for development
projects. These requirements are intended to supplement the general requirements of
Spokane Valley Municipal Code (SVMC) Chapter 22.130, and are adopted pursuant to
SVMC 22.130.040.
Required improvements and dedications shall be in compliance with all Chapters in these
Street Standazds. An overview of the review process for this Division can be found in the
"Development Engineering Guidelines" which aze adopted herein by reference.
2.2 APPLICABILITY
Projects reviewed and conditioned by Development Engineering fall within three general
categories:
� Land divisions (short plats, subdivisions and binding site plans);
e Commercial building permits; and,
• Miscellaneous projects which include access permits, boundary line adjustments,
rezones, changes of use, changes of occupancy, temporary use pernuts and
conditional use permits. In some instances, this last category of projects may not
need a building permit. They may, however, result in an increase in traffic and
other impacts that can require street improvements and other mitigation.
2.3 REQUIRED DEDICATIONS AND IMPROVEMENTS
This section describes the dedications and types of improvements that may be required
pursuant to SVMC Chapter 22.130, RCW 35.63.080, RCW 35.63.090, RCW
35A.63.100, RCW 43.21C; RCW 58.17, and RCW 82.02.020.
Land divisions and development permits trigger requirements for dedications of public
right-of-way, border easements, future acquisition azeas, and other improvements. Other
project types may also trigger these requirements. Specific requirements shall be
determined during project review.
To determine the requirements for a project, the City considers the following:
• Existing improvements both onsite and offsite, such as curb, gutter, swale and
sidewalk;
• Any anticipated increase in traffic that would lead or contribute to an
unacceptable level of service;
• Connectivity of existing or future streets to better serve public and emergency
vehicle mobility;
• Street classification, as shown in the Comprehensive Plan;
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• City of Spokane Valley 6-yeaz Transportation Improvement Program and any
anticipated improvements in the project vicinity;
• Public safety as affected by the project (i.e. pedestrian and vehicle safety, traffic
flow, etc);
• Bike routes, as shown in the Comprehensive Plan; and,
• Environmental impacts as identified through applicable SEPA reviews as related
to street, sidewallc, drainage improvements, or traffic impacts.
2.1.1 TYPICAL REQUIREMENTS
Typical requirements for all projects, except for single-family dwellings, set forth
more specifically herein include the following:
o Design and construction of all new streets to provide adequate
transportation service within a development;
• Design and construction of fronting improvements on existing streets
necessary to provide adequate transportation service to, or within, a
development, as applicable (see Sections 2.1.2 and 2.13);
• Adequate access for all pazcels. Offsite streets used to access the project
shall be improved to the applicable standard. Improvement shall extend
from the neazest public street meeting the pavement width requirements.
Curb and gutter and sidewalk may not be required for the offsite
improvements unless made necessary by the proposed development.
However, provisions for stormwater management per the Spokane
Regional Stormwater Manual shall be required;
• Dedications of right-of-way and border easements for full build-out of the
projecYs side of all adjacent and interior public streets (Chapter 7);
• Creation of future acquisition azeas as required by SVMC Chapter 22.130;
• Emergency access to all pazcels of land, in conformance with City
standazds and the latest International Fire Code;
• Driveway approaches in accordance with Chapter 7;
• Relocation of rigid objects out of the clear zone more specifically set forth
in Chapter 7;
• Repair and replacement of damaged curb, gutter, swales/planters,
sidewalk, survey monuments, etc (Chapter 8);
• Removal of abandoned or substandard approaches and replacement with
frontage improvements (Chapter 7); and
• Mitigations as detemuned in a traffic impact analysis, more specifically
described in Chapter 3. Mitigations may include construction of or
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contributions to tr�c calming devices, traffic signals, street lights,
signing and/or pavement mazkings, etc.
2.1.2 SPECIFIC REQUIItEMENTS FOR SHORT SUBDIVISIONS,
LONG SUBDIVISIONS AND BINDING SITE PLANS
Short subdivisions, long subdivisions, and binding site plans shall provide fronting
improvements along all public streets adjacent to the project. The extent of required
nnprovements shall be based on existing conditions, the identified 'unpact of the
project or transportation improvement, and the applicable standazd. Required
improvements typically include pavement widening, curb, gutter, grassy swale and
sidewalk.
All land division projects shall fully improve new intemal streets.
If the existing fronting street is unimproved or will have less than 28 feet of pavement
with fronting improvements, the Applicant shall provide half-street improvements as
defined in Section 1.15. "No Parking On PavemenP' signs shall be installed on one
side of the street. Carb, gutter, and sidewalk aze only required on the side of the
street adjacent to the pazcel. Provisions for stormwater management aze required for
the sides of the street being improved (Chapter 7).
2.1.3 SPECIFIC REQUIltEMENTS FOR COMMERCIAL BUQ�DING
PERMITS
Fronting improvements for building permits aze determined based on type of project,
squaze footage of the project, and peak hour vehicle trips. These projects shall
provide improvements for the street fronting their projects in accordance with Table
2.1.
In the event that the street used to access the project is uniinproved or has less than 28
feet of pavement, the Applicant shall provide fronting improvements and/or half-
street improvements to meet the applicable standazds regazdless of the proposal type
or size. In these instances, curb, gutter, and sidewalk requirements, for the side of the
street adjacent to the project, shall be determined based on Table 2.1. Provisions for
stormwater management aze required for the sides of the street being improved.
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TABLE 21 REQUIRED STREET IMPROVEMENTS FOR COMMERCIAL
BUILDING PERMITS
PROJECT PROPOSAL
COMIvIERCIAL BUILDING PERMITS FOR PARCELS WITH EXISTING OR NEW BUILDING
Gross Area of Building (for Up to 999 1,000 to 5,999 6,000 to 12,000+
proposed additions or new 11,999
structures) in sq. ft; or,
Number of new peak how trips Up to 4 5 to 9 10 to 15 16+
generated by project
COMMERCIAL BUILDING PERMIT FOR PARKING LOT ONLY (NO NEW OR EXISTING BUILDING)
Up to 9 spaces 10 to 19 spaces 20 to 40 spaces 41+ spaces
REQUIREDIMPROVEMENTS
Widen Pavement �'� � �
Curb & Gutter � J �/
Grass strip or Swale �/ d �/
Sidewalk «� � �/
Right-of-way, Future � �/ �/ �(
Acquisition areas and Border
Easements
1. The final pavement width on the projecPs side of the street is the half-street width, plus 6 inches to allow for
future curb installatioa If the amount of pavement width needing to be added is less than 2 feet, then widening
can be omitted unless the full width is less than 28 feet. Grassed ditches or swales are required along pavement
edges required to be improved for stormwater treatment, regardless of amount of widening.
2. If a project is located in an azea already improved to the requirements above, the project may be requ'ved to
provide cwb and gutter and/or sidewalk.
3. Not requ'ved if project is detertnined to have insignificant impact.
When using Table 2.1 for commercial building permits with existing or new
buildings, the Applicant shall identify the size of building and number of peak hour
vehiculaz trips. The one triggering the most improvement requirements shall be used.
For example, an Applicant is proposing an addition to an existing building; the
proposed addition is 3,000 squaze feet. The proposal also generates 10 peak hour
vehicular trips. This project will be required to provide fronting improvements which
include pavement widening, curb and gutter installation, grass strip/swale
construction, and right-of-way and border easement dedication. If the required
improvements currently exist, then the project will be required to provide sidewalk.
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2.1.4 SPECIFIC REQUIItEMENTS FOR MISCELLANEOUS
PROJECTS
Miscellaneous projects include access permits, boundary line adjustments, rezones,
changes of use, changes of occupancy, temporary use permits and conditional use
permits. In some instances, this last category of projects may not need a building
permit. They may, however, result in an increase in traffic and other impacts that can
require street improvements and/or other mitigation.
Required 'unprovements for change of use and conditional use permits are deteimined
based on traffic impacts pursuant to SVMC Chapter 22.20. Required improvements
for boundary line adjustments, rezones, changes of occupancy, and temporary use
permits aze determined on a case-by-case basis during project review using the
criteria specified in Section 23.
2.1.5 OTHER REQUIREMENTS
Additional improvements may be required on a case-by-case basis, depending on site-
specific conditions. These requirements may include, but aze not limited, to the
following:
• Improvements previously required by City Council by ordinance, past land
use action, or resolution, to be provided in the vicinity of the proj ect;
• New streets (and accompanying dedications) as required by the Street
Master Plan, Local Street Plan, Sprague Appleway Subarea Plan and
according to the City's Comprehensive Plan;
o Participation in the City's Transportation Improvement Program;
• Other public improvements when physical characteristics of the property
(including but not limited to topography, slope, soil type, drainage pattern
or vegetation) create potential hazards; and,
• Other public improvements necessitated by the publids health safety or
welfare.
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2.4 MODIFICATIONS TO REQUIREMENTS
2.1.6 VARIANCE
The requirements established in this chapter can only be waived or reduced through a
variance. Refer to SVMC Title 19.170 for variance process and requirements.
2.1.7 CAPITAL PROJECTS
Generally, all improvements shall be constructed prior to issuing a certificate of
occupancy or final platting. In certain circumstances, installation of some or all of the
frontage improvements may not be appropriate at the time development occurs.
These may include instances where:
• Required improvements aze part of a larger project scheduled for
construction in the CiTy's Transportation Improvement Program; or,
• Sanitary sewer is not available but is scheduled to come through in less
than three yeazs.
In these situations, the installation of such improvement may be deferred to a later
date or waived. A developer's agreement may be required and a surety as deemed
sufficient by the City consistent with Section 9.14.
2.1.8 LIMITING SITE CONDITIONS
Generally, all projects shall build public streets to the applicable standazd. However,
the City can approve a slightly smaller section when full construction of the public
improvements renders the project unfeasible.
Reduction of the requirements for public improvement may be considered if the
pazent short plat or subdivision parcel meets the following criteria:
• Is in an Rl, R2, or R3 zone, and,
• Is smaller than 2.5 acres, and,
• Will have block lengths that do not exceed 300 feet for a through street;
and,
• Has less than 216 feet of street frontage.
The Applicant shall demonstrate that full improvement construction is not possible
and propose an alternative section. The Applicant is not guazanteed to have double
frontage on the public street and/or the maximum number of lots at the minimum
square footage allowed by SVMC. All proposals shall be approved before the
submittal of the preliminary plat application. Request after the preliminary plat
application will be required to go through the variance process.
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2.5 APPLICANT'S RESPONSIBILITIES
The Applicant is the party or parties desiring to construct a public or private improvement
within City right-of-way, easements or private property, securing all required approvals
and permits from the City, and assuming full and complete responsibility for the project.
The Applicant may be the Owner or the individual designated by the Owner to act on his
behalf. The Applicant is responsible for the following:
o General project management;
• Communicating requirements and project status with the Owner, if Applicant and
Owner are not the same;
• Coordinating project consultants;
• Providing complete submittals;
• Ensuring all required applications have been submitted to the City;
o Ensuring adherence to:
o The standazds and criteria presented in these Standards, as amended;
o Heazing Examiner's decision and staff report with administrative
decisions, if applicable; and,
� Any conditions established by City staff.
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THIS PAGE IS INTENTIONALLY LEFT BLANK
October 2009 Chapter 2— Development Engineering Requirements
2-8
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October 2009 Chapter 3—Traffic Matysis
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3.1 INTRODUCTION
This chapter describes tlie contents of the trip generation and distribution letter and traffic
impact analysis (TIA) submittals. The TIA is a comprehensive report containing all of
the technical information and analysis necessary to evaluate a proposed new development
or redevelopment project for compliance with level of service (LOS) standards. The City
will not sign off on a proj ect until transportation concurrency has been determined.
All projects except those exempt as set forth in the City of Spokane Valley Municipal
Code (SVMC), Title 22.20.020 aze subject to concurrency review.
3.2 'I'RIP GENERATION & DISTRIBUTION LETTER
GUIDELINES
All projects which generate 10 or more new peak how vehicular trips shall submit a trip
generation and distribution letter. The letter shall be based on the latest edition of the
Institute of Transportation Engineers (ITE) Trip Generation Manual and developed by an
Engineer.
If a project is subject to State Environmental Policy Act (SEPA) review, the trip
generation and distribution letter shall be submitted for review at the time of the SEPA
application.
The letter is required to be approved by the City prior to submittal of a traffic impact
analysis report.
3.2.1 APPLICABILITY
A trip generation and distribution letter is required for most projects. However, the
following projects aze typically under the peak hour threshold and may not be
required to prepare a trip generation and distribution letter:
o Residential short plats;
o Multi-family projects with 9 units or less;
o Drive-through coffee stands with no indoor seating;
e Changes of use from residential to commercial with no new buildings or
building additions;
o Office projects of less than 2,500 square feet (ITE land uses '700-799);
and,
o Industrial projects of less than 9,000 squaze feet (ITE land uses 100-199).
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For projects expected to generate less than 10 peak hour vehicular trips the project
applicant is required to submit a letter with the following information for all proposed
development phases for the property:
o Brief project description;
• Number of expected employees;
� Hours of business; and,
• The expected number of vehiculaz trips (customers and employees) to the
business during the AM and PM peak hours.
3.2.2 MINIMiJM ELEMENTS
The trip generation and distribution letter for projects generating 10 or more peak
hour trips shall include the following elements:
e Project description, including proposed use;
• Site plan with vicinity map;
• Building size noted in square feet;
• Zoning of the property;
• Proposed and existing access points, site circulation, queuing lengths and
puking locations;
• Project phasing and expected opening yeaz;
• An estunate of trip generation for the typical weekday, AM peak hour, and
PM peak hour conditions. Supporting calculations and data sources shall
be shown. Any adjustments for transit use, pass-by trips, and/or diverted
trips shall be clearly stated;
• A comparison of the trip generation between the previous and the
proposed site use for projects involving a change of use. If the
comparison shows a net increase in trip generation, the project will be
subject to the TIA requirements of a new development;
• A preliminary distribution pattem for traffic on the adjacent street
netwark, shown in a graphical format; and,
• The engineering seal signed and dated by the Engineer who prepared the
letter.
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3.3 TRAFFIC IMPACT ANALYSIS
3.3.1 APPLICABILITY
A TIA is required for the following situations:
e Projects adding 20 or more peak hour trips to an intersection of arterial
streets as defined in Chapter 4 of the City Comprehensive Plan within a
one mile radius of the project site as shown by the trip generation and
distribution letter; or,
o Projects impacting local access intersections, alleys, or driveways located
within an area with a current traffic problem as identified by the City or
previous tr�c study, such as a high-accident location, poor roadway
alignment or capacity deficiency.
3.3.2 SCOPE
The scope of the TIA shall be developed by a professional engineer licensed in the
state oF Washington. Prior to submittal of the TIA, the City and other impacted
jurisdictions/agencies shall approve the scope of the TIA. The scope of the TIA shall
conform to the foliowing:
• The study area shall include any intersections of arterial streets within a
one mile radius of the site that would experience an increase of at least 20
vehicle trips during a peak hour. Some intersections may be excluded if
analyzed within the past year and aze shown to operate at LOS C or better.
All site access points shall be analyzed. Additional arterial intersections
outside of the one mile radius and intersections of local streets may also be
required at the discretion of the City;
o A PM peak hour LOS analysis shall be conducted for all study area
intersections. An LOS analysis of the AM peak hour, Saturday afternoon,
or other time period may be required at the discretion of the City; and,
o Additional analysis may be required by other reviewing agencies.
The LOS shall meet or exceed the thresholds set forth in the City of Spokane Valley
Comprehensive Plan — Chapter 4: Capital Facilities Table 43 Spokane Valley Level
of Service Standards.
3.3.3 METHODOLOGY
The analysis shall be done using the following methodology:
e Background growth rate — The background growth rate may be based on
historical growth data and/ar the SRTC Regional Travel Demand Model,
as approved by the City. This rate is to be applied to existing turning
movement volumes prior to the addition of background project traffic or
site generated traffic volumes. The minimal growth rate of 1.1 percent is
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required. Under no circumstances shall the growth rate be less than 1.1
percent;
o The LOS shall be determined in accordance with the methods reported in
the latest edition of the Highway Capacity Manual (HC�;
� Use of the two-stage gap acceptance methodology for .unsignalized
intersections is subject to City approval;
o Other analysis tools may be utilized with City approval if HCM
methodology cannot accurately model an intersection;
o Trip generation data shall be based on the latest edition of the ITE Trip
Generation Manual. Trip generation data from studies of similar facilities
may be substituted as approved by the City; and,
o Tuming movement counts shall be recorded less than one year prior to
submitting a traffic study. Counts less than 2 years old may be used if no
significant development projects or changes to the transportation network
have occurred. Counts should be taken on a Tuesday, Wednesday, or
Thursday representing a typical travel day. Counts should not be taken
during a week, which contains a holiday. Projects near schools may be
required to collect turning movement counts during the school yeaz.
3.3.4 TIA REPORT MINIMUM ELEMENTS
The TIA report shall include the following, at a minimum:
3.3.4.1 Title Page
The TIA shall include a title page with the following elements:
o Name of project;
o City project number/permit number;
o Applicant's name and address;
o Engineer's name, address and phone number;
o Date of study prepazation; and,
o The engineering seal signed and dated by the professional engineer
licensed in the State of Washington who prepared the report.
3.3.4.2 Introduction and Summary
o Purpose of report and study objectives;
o Executive summary;
o Proposed development description;
� Location and study azea;
• Findings; and,
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o Recommendations and mitigation.
3.3.4.3 Proposed Development
The TIA shall include the following inforxnation for the proposed development:
o Project description;
e Location and vicinity map;
a Site plan with building size (squaze feet);
o Proposed zoning;
� Land use;
• Access points, site circulation, queuing lengths, and parking locations;
e An estimate of trip generation for the typical weekday, AM peak hour, and
PM peak how conditions. Any adjustments for transit use, pass-by trips,
and/or diverted trips shall be cleazly stated;
• A distribution pattern for traffic on the adjacent street network, shown in a
graphical format; and,
� Project phasing and timing.
3.3.4.4 Summary of Existing Conditions
The TIA shall provide a summary of existing conditions for the study area that
includes the following:
a Transportation network description, including functional classification,
bike / pedestrian facilities and transit routes;
o Existing zoning;
o Existing traffic volumes including percent heavy vehicles;
o Accident history — past 3 years;
� Posted speed limits (and if known the 85 percentile speed determined from
a speed study);
o Length of existing turn pockets at signalized intersections; and,
o Location of the following:
o On-street pazking,
o Bus stops,
o Private and public schools in the azea, and,
o Hospitals, police and fire stations in the area.
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3.3.4.5 Background Projects
Background project traffic includes the following :
o Traffic from newly constructed projects;
o Projects for which traffic impacts have been tentatively reserved;
o Projects for which a Concurrency Certificate has been awazded;
o Non-project, general background traffic increases; and,
o Vested tra�c for vacant buildings that aze undergoing
redevelopment.
The TIA shall provide the following information for background projects, as
identified by the City:
� Project descriptions;
• Vicinity map;
o Trip generation;
o Trip distribution; and,
o Planned transportation improvements (private development and City).
3.3.4.6 Analysis Scenarios
The TIA shall include the following analysis scenazios:
o Existing conditions;
o Build-out yeaz without project;
o Build-out year with project;
o Build-out + 5 analysis if project is expected to proceed in phases, take
more than 6 years to complete, or if the study intersection is included on
the City's 6-Year TIP; and,
� Build-out Year + 20 analysis if the project mitigation involves installation
or modification to an intersection controlled with a traffic signal or
roundabout. Forecast volumes shall be estimated using the SRTC
Regional Travel Demand Model.
3.3.4.7 Other Analyses
Other analyses may be required as requested by the City, including but not limited to:
o Sight distance;
e Queue lengths at signalized intersections;
o Queue lengths at driveways and drive-up windows;
� Noise;
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o Air quality (typically required when physical improvements aze proposed
and requires electronic submittal of Synchro files);
o Intersection control warrant analysis (signal, 4-way stop, yield);
• Auxiliary lane warrant analysis;
� Site access; and,
• Pedestrian study.
3.3.4.8 Findings
The following shali be addressed in the findings section:
• Traffic impacts;
e Compliance with level of service standards;
� Proposed project improvements; and,
o Recommendations and mitigation.
3.3.4.9 Appendices
The following information shall be included in appendices:
• Definitions;
o Trip generation sources;
o Passer-by and origin-destination studies;
e Volume and turning movement count sheets;
o Level of service calculations;
� Synchro report printouts (electronic submittal may be required);
� Warrant analysis calculations; and,
o References.
3.4 MEETINGS
A public meeting(s) may be required for any residential project generating over 100 PM
peak how trips, commercial projects generating over 100 PM peak hour trips impacting a
residential azea, or for other projects at the discretion of the City. The intent of the public
meeting is to let the public know about the proposed project and to allow for public input
to determine the scope of the TIA. Notice of date, time, place and purpose of the public
meeting(s) shall be provided by the following means:
o One publication in Spokane Valley's official newspaper at least 15 days
prior to the meeting;
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o A mailing to adjacent residents, property owners, neighborhood groups,
jurisdictions, and /or organizations within a 400-foot radius of the project
boundaries, not less than 15 days prior to the public meeting; and,
o A sign shall be erected, on the subject property fronting and adjacent to
the most heavily traveled public street, at least 15 days prior to the
meetings. The sign shall be at least 4 feet in width and 4 feet in height and
shall have letters 3 inches in size. The sign shall be easily read by the
Vaveling public from the right-of-way. This sign shall announce the date,
time and place of the traffic meetings and provide a brief description of
the project.
Proper notification and all associated costs shall be the responsibility of the Applicant.
Notification shall be considered satisfied upon receipt of an affidavit provided by the
Applicant to the City stating the above requirements have been completed.
October 2009 � Chapter 3— Tr�c Analysis
3-8
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PC RECOMI��NDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
4.5.1 Applicability ...................................................................:....................................... 5
4.5.2 Minimum Plan Elements ......................................................................................... 5
4.6 Street Improvements Plan ............................................................................................... 6
4.6.1 Applicability ........................................................................................................... 6
4.6.2 Minimum Plan View Elements ..............................................:................................ 6
4.63 Minimum Profile View Elements ........................................................................... 8
4.6.4 Minimum Typical Cross Section Elements ............................................................ 8
4 .7 Onsite Improvement Plan ............................................................................................... 9
4 .7.1 Applicability ........................................................................................................... 9
4.7.2 Minimum Elements for Onsite Improvement Plan ................................................. 9
4 .8 Drainage Plan ................................................................................................................ 11
4.9 Temporary Erosion and sediment Control Plan ............................................................ 11
4.10 Temporary Traffic Control Plan ................................................................................... 11
4.11 Permanent Traffic Control Plan .................................................................................... 11
4.11.1 Area Map .............................................................................................................. 11
4.11.2 Road Segment Pages ............................................................................................. I 1
4 .113 Signing Plan .......................................................................................................... 11
4.11.4 Striping Plan .......................................................................................................... 12
4 .11.5 Traffic Signal Plan ................................................................................................ 12
4.12 Site Plan of Record ....................................................................................................... 12
List of Appendices
Appendix 4A - General Construction Notes ...........................................................................................13
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4.1 INTRODUCTION
The Applicant is required to submit a complete plan set for all proposed public and
private improvements. This chapter provides the minimum plan elements for a complete
submittal. To be accepted for review, plans shall be cleaz, concise and easy to read with
all lettering and lines legible. Hand drawn plans are not acceptable. Incomplete plan sets
will not be reviewed and will be returned to the Applicant. State law requires that
engineering work be performed by or under the d'uection of a professional engineer
currently licensed in the State of Washington.
4.2 GENERAL REQUIREMENTS
4.2.1 PLAN COMPLETENESS
All plan submittals aze assumed to be the final plan set and so all plan sheets for
every submittal shall be signed by the developer and the Applicant's Engineer as per
Section 4.2.5. It is the responsibility of the ApplicanYs Engineer to verify that all
minimum requirements specified in the Street Standazds and the Spokane Regional
Stormwater Manual aze met and are incorporated in the plan set.
Each submittal of revised plans and supporting documents shall be accompanied by a
letter that indicates how each review comment was addressed and provides a brief
description of any changes made that were not in direct response to a review
comment.
4.2.2 FONTS
Lettering shall be legible to be easily read and understood by the reviewer. Lettering
shall be of sufficient size and scale to produce clear, readable images when scanned
digitally by an optical scanner.
4.2.3 LINES AND SYMBOLS
Standazd drafting lines and symbols are shown on the Standazd Plan R-100. All
drawings submitted for review shall use these line types and symbols. When used in
the plans, the symbols and line types shall be shown in a legend in the plan set.
4.2.4 SHEET SIZE / PLAN MEDIUM
All plan sets shall be plotted or copied on standard drafting paper with dark ink.
When the plans or plats aze accepted, the City will specify the media type required in
the acceptance letter.
All plan sheets shall be 24 inches by 36 inches (D size).
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4.2.5 ENGINEER SIGNATURE AND STAMP
All sheets shall include the engineer's signature, stamp, and date of signature in
accordance with the regulations established by the State of Washington Board of
Registration of Professional Engineers.
4.2.6 SCALE
The scale for all plan and profile sheets shall be:
e Horizontal: 1 inch = 20, 30, 40, or 50 feet (scales greater than 1 inch = 50
feet shall not be accepted)
• Vertical: 1 inch = 5 or 10 feet
• Overall plan: 1 inch = 100 feet, ma�cimum �
• Cross sections: vertical exaggeration ratio shall be 5:1
4.2.7 NORTH ARROW
All design sheets shall have a north arrow oriented towazd the top or right side of
applicable sheets.
4.2.8 VERTICAL AND HORIZONTAL DATUM
The City of Spokane Valley vertical datum shall be based on the National American
Vertical datum (NAVD 1988). The horizontal datum is a coordinate system based on
1983(91) State Plane Coordinates.
4.29 UTILITY LOCATE NOTE
All utilities shall be located prior to construction. All sheets except the cover sheet,
detail sheets and traffic control plan shall have the following message:
CALL 2 BUSINESS DAYS BEFORE YOU DIG
811 OR 1-800-424-5555
4.2.10 TITLE BLOCK
A title block is required on every sheet. The title block shall be located in the extreme
lower right hand corner, the right side margin, or along the bottom edge of the sheet.
The following information shall appeaz in the title block:
e Project name and number (including permit number, Short plat,
Subdivision or Binding Site Plan numbers) provided by the City;
e The type and location of improvement. (For profile sheets, the title block
shall have the name of the street and beginning/end stations);
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o Engineer's name, address, including zip code, telephone number, and fax
number;
o Date and brief description of all revisions;
� Sheet number and total number of sheets; and,
• Name of property Owner and Applicant.
4.2.11 REQUIRED CIVIL PLAN SHEETS
Civil plan sets are reviewed by Development Engineering. The civil plan set shall
include the following, as applicable:
s Cover sheet (see Section 4.4);
o Clearing and grading plan (see Section 4.5 );
a Street improvement plan (see Section 4.6);
o Onsite improvement plan (see Section 4.7);
• Drainage plan (see Section 4.8);
• Temporary erosion and sediment control plan (see Section 4.9); and,
� Detail sheets, as needed.
4.2.12 REQUIRED TRAFFIC PLAN SHEETS
Traffic plan sets aze reviewed by the Traffic Division of the Public Works
Department. The traffic plan set shall include the following, as applicable:
o Permanent traffic control plan (see Section 411);
e Detail sheets, as needed.
4.2.13 OTHER REQUIRED PLAN SHEETS
The site plan of record is reviewed by Development Engineering and the Planning
Division. See Section 4.12 for the requirements from Development Engineering.
4.3 SPECIFIC REQUIREMENTS FOR PLAN SHEETS
This section outlines the minimum required information to be included on specific sheets
of the plan set. The sheets are listed in the order they should appeaz in the plan set. Some
sections of the plan set may have more than one sheet, but should be labeled alike.
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4.4 COVER SHEET
4.4.1 APPLICABILITY
All plan sets shall include a cover sheet.
4.4.2 MINIMUM ELEMENTS
The following shall be included on the cover sheet:
o The project name and the number (including permit number, Short plat,
Subdivision or Binding Site Plan numbers) shown in the top center of the
page;
o A legible vicinity map, approximately 8-%Z inches by 11 inches, showing
the location and name of all arterial roadways within one mile of the
proposed construction, and all other roadways within 1/2 mile of the
proposed construction. The project area shall be indicated by shading;
e An index of all sheets within the plan set;
� Impervious area calculations for all commercial projects. Calculations
shall include the existing, proposed and total rooftop azea, pavement area
and gravel azea, and the overall, total impervious azea;
e Type of roofing materiai for all commercial projects;
o Section, Township, and Range;
o Legend of line types and symbols for all appurtenances related to each
type of facility;
o General construction notes as provided in Appendix 4A;
o ApplicanYs signatwe;
o The datum used and all benchmarks, which must refer to the established
control when available;
� Private Improvements Statement. The note below shall appear on the
cover sheet of the construction plans that include private improvements:
The City of Spokane Valley will not be responsible for the maintenance of
street and appurtenant improvements, including storm drainage structures
and pipes, for the following private streets: (list sireet names).
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4.5 CLEARING AND GRADING PLAN
4.5.1 APPLICABILITY
Clearing and grading sheets aze required for projects applying for:
o A clearing and grubbing permit;
o A grading only permit;
o A building permit for all new non-residential development and for
residential construction of four or more units per lot;
� Short plats;
• Long plats; or
o Binding Site Plans.
4.5.2 MINIlVIUM PLAN ELEMENTS
Cleazing and grading sheets shall clearly convey design and construction intent and
shall depict only the work to be done with the requested permit. Clearing and grading
sheets shall include, as applicable:
• Property limits and accurate contours of existing ground elevations. For
existing topography, one-foot contour intervals aze preferred unless the
City .determines that available 5-foot contour mapping is adequate and
detailed enough to describe current landforms;
o The extent of clearing and/or grading azeas, delineated and labeled
"excavation" or "fill";
o Finish contours to be achieved by the grading and related construction.
The contour interval for proposed topography must be no more than 1-
foot, unless the slope is greater than 10 percent, in which case, the City
may accept 5-foot contour intervals. Periodically call out the proposed
slope. One-foot contours may still be necessary to show certain features
such as swales;
e Existing and proposed surface and subswface drainage facilities;
a Footprint of onsite buildings or structures and the location of adjacent
buildings or structures located within 15 feet of the property or which may
be affected by the proposed grading operations;
o Cross-section along the proposed and/or existing street, spaced every 50
feet, when required by the City. T'he cross-sections shall show proposed
and existing topography along the street, at tie in points and property
boundaries;
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• Information covering construction and material requirements including,
but not limited to, specification of the soil compaction to be achieved in
any azeas of fill placement;
o Estimated amount and vertical dimensions of cut and fill;
� Delineation of sensitive areas, floodplains, and critical azeas per SVMC
Title 21;
o The approximate location of all trees 8-inches diameter breast height (dbh)
and lazger, and a description of the tree protection standards to be
implemented during construction;
e Delineation of any areas to be preserved.
4.6 STItEE�' IMPROVEMENTS PLAN
4.6.1 APPLICABILITY
Street improvements sheets are required for projects:
o Proposing new public or private street or street extensions;
o Proposing private engineered driveways; or,
• Required to provide frontage improvements.
4.6.2 MINIMUM PLAN VIEW ELEMENTS
The plan view shall include, at a minimum, the following:
o Survey lines and stationing lines. Lines shall normally be based on
centerline of street. Other profiles may be included but shall be referenced
to centerline stationing. Stationing in cul-de-sacs shall be on the
centerline to the center of the bulb, with dimensioned slopes along the
flowlines within the bulb;
a Property limits and accurate contours of existing ground elevations. For
existing topography, one-foot contour intervals are preferred unless the
City determines that available 5-foot contour mapping is adequate and
detailed enough to describe current landforms;
� Finish contows to be achieved by the grading and related construction.
The contour interval for proposed topography must be no more than one-
foot, unless the slope is greater than 10 percent, in which case, the City
may accept 5-foot contour intervals. Periodically call out the proposed
slope, One-foot contours may still be necessary to show certain features
such as swales;
o Lot lines, lot numbers and block numbers;
• Proposed and adjoining subdivision names;
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o Existing and proposed street names;
o Section, Township, and Range;
o Existing and proposed property and/or right-of-way lines, easements,
and/or tracts. All of them shall be labeled and dimensioned;
o Road alignments with 100-foot stationing, reading from left to right, and
stationing at points of curve, tangent, and intersections, with appropriate
ties to existing road surveys and stationing, section corners, quarter
comers, and the County GPS control net. Stations shall increase from
west to east and from south to north;
• Match lines and stations;
• Bearings on the road centerline, keyed to an associated plat map;
o Station and elevation of all horizontal curves including PI, PC's, PT's,
etc.; existing and proposed, centerline bearings, distances, and complete
curve data;
o Curve data including radius, delta, arc length and semi-tangent length on
all street centerlines and curb retums;
o Stations and elevations of all curb returns; including beginning, mid-point,
and ending elevations of curb returns;
o Location of all proposed and existing approaches;
o All existi�g utilities;
o All proposed utilities that will be designed and constructed. The plan
sheet shall show the extent of the pavement cut for connections;
o Proposed drainage features including station and type of all structures,
direction of flow, size and kind of each drainage channel, ditch or pipe and
any other requirements as specified in the Spokane Regional Stormwater
Manual, as amended;
o A thorough seazch for all survey monurrtents shall be conducted. Any
survey monuments shall be shown;
• Fire hydrant locations;
• No Parking signs and locations;
o Tumaround locations;
' • Fire emergency access easements;
e Traffic elements such as conduit, junction boxes, signal cabinets, electrical
service, signal poles, push-button poles, and loops;
e Storm drainage flow direction arrows, particularly at intersections and all
high and low points; and,
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o Station and critical elevation (flowline, invert of pipe, etc.) of a11 existing
and proposed utility or drainage structures. Location of utilities shall be
identified with horizontal and vertical dimensions as measured from
roadway centerline profile grade.
4.6.3 MINIMUM PROFILE VIEW ELEMENTS
The profile view shall include, at a minimum, the following:
,
� Stationing, shown the same as in the horizontal plan, reading from left to
right. It shall include stationing of points of curve, tangent, length, and
point of intersection of vertical curves, with elevations to OA1 feet;
o Original ground line at 100-foot stations and at significant ground breaks
and topographic features, based on field measurement and accurate within
0.1 feet on unpaved surface and 0.01 feet on paved surface;
o Profiles for curbed streets shall show and label the tops of both curbs and
the centerline. Profiles for shouldered streets may show the centerline
only. The centerline, top of curb, and existing ground lines of all streets
(except cul-de-sacs) shall be continued for 100 feet beyond the proposed
construction;
o High and low point and PI of all vertical curves;
o Ditch and swale flowlines and drainage structures;
e A continuous profile for both existing and proposed improvements, shown
on a grid of numbered lines;
• Elevation of vertical grade breaks, K values, grade and length of vertical
curves;
� Storm drainage flow direction arrows, particularly at intersections and all
high and low points; and,
� Station and critical elevation (flowline, invert of pipe, etc.) of all existing
and proposed utility or drainage structures. Location of utilities shall be
identified with horizontal and vertical dimensions as measured from
roadway centerline profile grade.
4.6.4 MINIMUM TYPICAL CROSS SECTION ELEMENTS
A typical street section shall include, at a minimum, the following:
o A sepazate full-width, typical section required for each street or portion of
the street that differs significantly. The typical section shall be drawn
looking in the direction of increasing stations;
a Station limits;
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• The dimensions of traffic lanes, shoulders, gutters, sidewalks, swales,
depths, planting strips, easements, right-of-way, etc.;
o The cross slope of elements such as pavement, ditches, sidewalks, etc.;
• Type of curb;
o Dimensions and type of structural section material layers; and,
• Retaining walls, as applicable.
4.7 ONSITE IMPROVEMENT PLAN
4.7.1 APPLICABILITY
Onsite improvement plans are required for projects proposing:
� New commercial developments;
o Residential construction of three or more units per lot;
o Drywells;
a A project site that will have both of the following: 1) any addition or
replacement of impervious surface and 2) 5000 or more total squaze feet of
impervious surface at full build-out. If both of these criteria aze met then
the runoff from the new and/or replaced PGIS surfaces and areas
hydraulically connected to them will need to be treated prior to disposal.
The site includes all of the parcels involved in the project whether or not
they are contiguous. Impervious surface includes roofs, paved areas,
gravel travelways, etc. Full build-out includes all the project's phases
even if -
o the different phases will be constructed under separate contract
and/or by separate owners, and/or,
o the project is phased over multiple yeazs, but the phases are still
under a consistent plan for long term development;
o Additions or alterations to, or change in use of existing buildings, sites, or
parking areas where the work:
o Increases impervious areas to 5,000 squaze feet or more;
o Alters site access requirements, including adding or removing
driveways; or,
o Connects to and impacts City streets and utilities.
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4.7.2 MINIMUM ELEMENTS FOR ONSITE IMPROVEMENT PLAN
The onsite improvement plan shall include, at a minimum, the following:
� Property limits and accurate contours of existing ground elevations. For
existing topography, one-foot contour intervals aze preferred unless the
City determines that available 5-foot contour mapping is adequate and
detailed enough to describe current landforms;
• Finish contours or spot elevations to be achieved by the grading and
related construction. The contour interval for proposed topography must
be no more than 1- foot, unless the slope is greater than 10 percent, in
which case, the City may accept 5-foot contour intervals. Periodically call
out the proposed slope. One-foot contours may still be necessazy to show
certain features such as swales;
• Lot lines, lot numbers and block numbers;
• Existing street names;
a Section, Township, and Range;
• Existing and proposed property and/or right-of-way lines, easements,
and/or tracts. Type and dimension of easement or tract shall be cleazly
labeled. Dimensions of property and right-of-way lines shall be mazked.
• Location of all proposed and existing driveways;
• All existing utilities;
o All proposed utilities that will be designed and constructed. The plan shall
show the extent of pavement cut(s) for connections;
o Proposed drainage features including, structure type, locating information,
direction of flow, size and kind of each drainage channel, ditch or pipe and
any other requirements as specified in the Spokane Regional Stormwater
Manual, as amended;
• Fire hydrant locations;
o No Parking signs and locations;
o Tumaround locations shall be designated;
• Storm drainage flow direction arrows, particulazly at intersections and all
high and low points; and,
• Station and critical elevation (flowline, invert of pipe, etc.) of all existing
and proposed utility or drainage structures. Location of utilities shall be
identified with horizontal and vertical dimensions as measured from
roadway centerline profile grade.
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4.8 DRAINAGE PLAN
A drainage plan, showing the location of drainage facilities intended to provide flow
control, treatment, and conveyance shall be submitted with the construction plans and
shall conform to Section 3.5.2 of the Spokane Regional Stormwater Manual (SRSM), as
amended. For small projects, the drainage plan may be included in the Onsite
Improvement Plan.
4.9 TEMPORARY EROSION AND SEDIMENT CONTROL
PLAN
A Temporary erosion and sediment control (TESC) plan shall be submitted for all
projects as specified in Section 531 and shall conform to Section 53 and the SRSM, as
amended For small projects, the temporary erosion and sediment control plan may be
included in the cleazing and grading plan.
4.10 TEMPORARY TRAFFIC CONTROL PLAN
A temporary traffic control plan shall be included with the right-of-way pernut. The plan
shall be in detail appropriate to the complexity of the project per MUTCD Chapter 6 B.
4.11 PERIVIANENT TRA�'FIC CONTROL PLAN
When required, permanent traffic control plan sheets shall include the components
outlined below. Permanent signage and striping shall be complete and in place prior to
the acceptance of the certification package.
4.11.1 AREA MAP
Sepazate signage and striping plans shall consist of an overall azea map noting all
specific use areas, such as schools, parks, recreation centers, library, commercial,
industrial, etc.
4.11.2 ROAD SEGMENT PAGES
The pages following the azea map shall be broken down into street segments, for
notation of signage and striping details.
4.11.3 SIGNING PLAN
The permanent signing plan shall:
o Show the longitudinal location of each sign (horizontal offset and station);
o Specify the sign legend and sign type (from MUTCD and International
Fire Code);
o Specify the sign size and applicable standazd plan;
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� Refer to Standard Plan R-140 for post and base dimensions and
installation plan;
� Specify the blank gauge of the sign; and,
o Note the reflectorization provided.
4.11.4 STRIPING PLAN
The striping plan shall show:
o Color and type;
� Lane widths, taper lengths, storage lengths, etc.;
e Striping/skip interval;
� Any construction or application notes, (e.g., application temperatures,
surface cleaning methods to be used prior to application, etc.);
� Typical treatments for acceleration/deceleration lanes, turning lanes, and
crosswalks;
• Type of material (epoxy, latex, thermoplastic, etc.); and,
o Station and offset or dimensions to all angle points, symbol locations, and
line terminations.
4.11.5 TRAFFIC SIGNAL PLAN
Tr�c signal installation and equipment shall be coordinated with and approved by
the Public Works Department. The applicable MUTCD signal warrants shall be met.
4.12 SITE PLAN O�' RECORD
Development Engineering requires that the following items be included:
• The footprint of drainage facilities including swales, ponds, channels,
detention/retention basins, inlets, drywells, etc.
o A table providing the following areas in square feet total rooftop azeas, total
pavement azea, total gravel area and total impervious azea.
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APPENDIX 4A-GENEI2AI, CONSTRUCTION NOTES
1. All work and materials shall be in conformance with the latest edition of the City of
Spokane Valley Street Standazds, Spokane Regional Stormwater Manual and all other
governing agency's standazds.
2. Prior to site construction, the Contractor is responsible far locating underground utilities.
Call the underground utility location service at 1-800-424-5555 before you dig.
3. Locations of existing utilities shown in the plans are approximate. The Contractor shall
be responsible for locating all underground utilities. Any conflicting utilities shall be
relocated prior to construction of road and drainage facilities.
4. The Contractor is required to have a complete set of the accepted street and drainage
plans on the job site whenever construction is in progress.
5. If the Contractor discovers any discrepancies between the plans and existing conditions
encountered, the contractor shall immediately notify the ApplicanYs engineer and Onsite
Inspector.
6. The Contractor shall take precautions to protect the infiltration capacity of stormwater
facilities (e.g., line the facility with filter fabric, over-excavate upon completion of the
infrastructure, etc.)
7. Where directed by the City of Spokane Valley, the Contractor shall place traffic control
devices, the placement and type of which shall conform to the Manual of Uniform Tra�c
Control Devices (MiJTCD).
8. It shall be the Contractor's responsibility to coordinate with and contact all appropriate
utilities involved prior to conshuction.
9. All pavement cuts to connect uUlities shall be repaired in conformance with the Regional
Pavement Cut Policy.
10. All survey monuments shall be protected during construction by or under the direction of
a Licensed Surveyor as required by State Law. Any disturbed or damaged monuments
shall be replaced by or under the direction of a licensed Surveyor prior to certification
/final plat and/or release of surety. The Contractor is responsible for the filing of permits
for monument removal and replacement with the Washington State Departrnent of
Natural Resources, as required by WAC-120-070.
11. Contractor shall be responsible for scheduling and acquiring electrical inspections
required by the State.
12. Contractor is responsible to verify that all required permits have been obtained prior to
initiating construction.
13. The Contractor and all subcontractors shall have a current City of Spokane Valley
Business License.
14. The Contractor and all subcontractors shall be licensed by the State of Washington and
bonded to do work in the public right-of-way.
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15. No work on this project shall commence until a City of Spokane Valley right-of-way
permit has been issued.
16. The Contractor shall protect adjacent properties, public or private, at all times during
construction.
17. Contractors shall control dust in accordance with regulations of local air pollution control
authority.
18. Contractor shall remove all construction related debris to an approved waste disposal site.
19. Fire hydrants shall be installed and functioning prior to the construction of any structures.
20. Contractor shall maintain fire appazatus access streets during construction.
21. The Contractor is requued to notify the On-site Inspector 1 business day before any
construction or product placement takes place that requires testing or observation (Refer
to Appendix 9A- Minimum Material Testing Frequencies). The On-site Inspector will
determine the time required to satisfactorily achieve the necessazy testing, observation
and documentation. The On-site Inspector will be required to be on site 100% of the time
during HMA placement, drywell placement, and trench work.
Supplemental notes used when applicable:
22. For any curb grades less than 1.0% (OA1 ft/ft), a Professional Land Surveyor cunently
licensed in the State of Washington shall verify that the curb forms aze at the grades
noted on the accepted plans, prior to placement of concrete. The Contractor is responsible
for arranging and coordinating work with the Surveyor.
23. The Contractor shall employ a Professional Land Surveyor currently licensed in the State
of Washington to verify that the cross-gutter forms are at the correct plane grade prior to
concrete placement..
24. Concrete aprons are required at the inlet into any swale or pond. The finish grade of the
swale/pond side slope, where the concrete inlet apron ends, shall be a minimum of 2
inches below the finished elevation of the concrete curb apron extension. The intention is
to allow stormwater runoff to enter the swale/pond unobstructed, without backing up into
the street and gutter due to sod overgrowth at the inlet.
25. Unlined pond and bio-infiltration swale bottoms are expected to infiltrate via the pond
floor, and therefore, shall not be heavily compacted; equipment traffic shall be minimized
on the pond bottoms. The facility sub-grade shall be a medium- to well- draining
material, with a minimum thickness of 48 inches and a minimum infiltration rate of 0.15
in/hr. The facility shall drain within 72 hours of a storm event. If the pond also serves as a
water quality treatment facility, the treatment zone (sod and 6 inches of treatment soil)
shall be a medium- to well-draining material, with a minimum infiltration rate of 0.25-
0.50 in/hr. Scazify the finish grade of the pond bottom prior to hydroseeding/sodding.
Testing that verifies subgrade minimum infiltration rate may be required by the local
jurisdiction prior to construction certification to ensure adequate drainage. Infiltrative
testing of the treatment zone is only required if soils other than silty loam ar loamy soils
are proposed.
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26. If during final inspection, it is found that the constructed pond or swale does not conform
to the accepted design, the system shall be reconstructed so that it does comply. Refer to
Appendix 9A of the Spokane Regional Stormwater Manual for Erosion and Sediment
ConVol Standard Notes.
October 2009 Chapter 4—Requiremenls for Plan Submittal
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Ocmber 2009 Chapter 4— Requirements for Plan Submittal
4-16
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PC RECOMA�NDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
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October 2009 Chapter 5— Land Disturbing Activities
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PC RECOMIvtENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
5.1 INTRODUCTION
The purpose of these requirements is to provide the design criteria necessary to preserve
the quality of the City's water courses; minimize surface and ground water quality
degradation; protect adjacent and downstream property owners from erosion and
flooding; and ensure the safety and stability of the City's streets and right-of-ways. This
chapter provides requirements for all land disturbing activities. The design of temporary
erosion and sediment control (ESC), clearing and grading plans shall conform to the
requirements herein.
Although the construction phase of a project is usually considered a temporary condition,
construction work may take place over several seasons. All Best Management Practices
(BMPs) used in the course of construction should be of sufficient size, strength, and
durability to readily outlast the expected construction schedule and operate properly
during the design storm rainfall conditions. Maintenance of these BMPs is mandatory.
Clearing & grubbing permits and grading permits do not allow the disturbance of critical
azeas per SVMC Title 21.40 without a scientific report backed by professional study and
acceptance by the City.
5.2 GEOTECHNICAL EVALUATION
5.2.1 APPLICABILITY
The City shall require a geotechnical evaluation when the proposed land disturbing
activity includes one or more of following situations:
• A proposed design does not adhere to the criteria specified in this chapter;
• Cut ar fill slopes 2:1 (horizontal to vertical) or steeper, and heights greater
than 2 '/z feet;
o Cuts or fills slopes 10:1 (horizontal to vertical) or steeper with heights 4
feet or greater;
• Slope lengths requiring terraces (see Section 5.7);
o Areas with shallow groundwater or springs;
• Projects that include azeas of questionable soil conditions or stability, as
determined by the City;
o Areas with erodible soils and/or landslides;
o Slopes with surface water flows,
• Unusual situations aze encountered;
• Projects with potential negative affect down stream or to neighboring
pazcels; or,
. October 2009 Chapter 5— Land Disturbing Activities
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• A geotechnical investigation is otherwise required in accordance with the
International Building Code (IBC), International Residential Code (IRC),
Spokane Regional Stormwater Manual (SRSM), or other sections of these
Street Standazds.
5.2.2 QUALIFIED PROFESSIONAL
A qualified geotechnical engineer (a professional engineer currently licensed in the
State of Washington with geotechnical engineering as a specialty) is required to
perform the geotechnical evaluation.
5.2.3 GEOTECHNICAL REPORT
The geotechnical report shall include:
o Project description;
• Soil description, including classification, nature, distribution, erosion
hazazds, and strength of existing surface and subsurface soils;
o A description of site conditions that have the potential to impact the
project design such as limiting layers, shallow groundwater, springs,
shallow bedrock, etc.;
• Supporting data and a discussion of the results;
• A map drawn to . scale showing the location of sampling points, water
features, and features of geotechnical concern;
o Adequacy and stabiliry of the geologic subsurface for cuts and fills,
including allowable cut and fill slope inclinations;
� Recommendations for surface and subsurface drainage;
e Recommendations for grading, including site preparation and placement
of fill;
� Calculations and recommendations for pavement design;
o Sub-level structure recommendations for projects with shallow
groundwater, springs and shallow bedrock per the SRSM;
a Foundation recommendations; and,
• Discussion regazding the finished slope stability.
5.3 CLEARING, GRiJBBING & GRADING
This section provides general criteria for cleazing, grubbing and grading activities. In
general, clearing, grubbing and grading activities shall:
o Not contribute to or create erosion, landslides, accelerated soil creep, settlement
of soils, or flooding of public or private property;
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� Not contribute to or create flooding, erosion, increased turbidity, or siltation of a
watercourse;
• Contain provisions for the preservation of natural features, sensitive and critical
azeas, and drainage cowses;
• Expose the smallest azea of soil for the least amount of time;
• Within pipeline hazazd areas, identified in SVMC 19.110.040, meet the standards
and notification requirements of that section;
o Minimize groundwater and tree disturbance; and,
o Not divert existing watercourses.
If an existing excavation, embankment, fill, or cut is or will become a hazazd to life or
limb, endanger property, or adversely impact the safety, use or stability of pub(ic or
private property, drainage channel or natural resource, the Applicant shall repair and/or
eliminate such hazard upon receiving notice from the City within the period specified
therein. It is the responsibility of the property owner or Applicant to shaze information
defined above with the Ciry.
5.4 EROSION AND SEDIlVIENT CONTROL REQUIREMENTS
The Applicant for a development permit is ultimately responsible for containing all soil
on the project site and must recognize the potential for changing or unexpected site and
weather conditions.
The ESC plan shall be prepared in accordance with Chapter 9- Erosion and Sediment
Control Design of the SRSM, as amended. Detailed examples and descriptions of the
BMPs referenced in the above chapter aze included in Chapter 7 of the Eastern
Washington Stormwater Manual. The ESC plan shall address and include the following
items:
o A narrative addressing information about the site topography, drainage soils, and
vegetation; potential erosion problem azeas; and actions to be taken in the event
the BMPs do not meet performance criteria;
� Construction sequence;
o Construction access route;
o Installation of sediment control;
• Provisions for soil stabilization;
� Protection of drainage structures;
• Control of runofF from construction sites;
• Washout site for concrete trucks and equipment;
• Material storage/stockpiling;
• The proper handling of cut and fill slopes;
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• Stabilization of temporary conveyance channels and outlets;
o De-watering of construction site;
o Control of pollutants other than sediment on construction sites, including airborne
particulate (dust); and
• Maintenance of BMPs.
A site log shall be completed for the project. The site log shall include the results of all
site inspections, sampling, and other records. For sites one acre or larger, inspections
must be conducted by a Certified Erosion and Sediment Control Lead (CESCL).
5.5 CUTS AND FILLS
5.5.1 GENERAL REQUIREMENTS
Unless otherwise recommended by a geotechnical evaluation, cut and fill slopes shall
conform to the following provisions:
o Cut and fill slopes shall be no steeper than is safe for the intended use;
� Cut slopes shall be rounded off so as to blend in with natural terrain;
� Permanent cut slopes shall not be constructed steeper than 2:1 (horizonta]
to vertical);
o Cut and fill slopes shall not exceed 20 feet in vertical height or 75 feet in
slope length without a terrace break (Figure 5-1). Interceptor ditches may
be required if a geotechnical evaluation determines they aze needed or as
required in Section 5.6.
o Cut and fill slopes shall be stabilized by tenacin�, cat tracking, jute mat,
grass sod, hydroseeding, or by other planting or surfacing materials
approved by the City. The erosion control measures shall be installed per
the SRSM and shall be maintained by the Applicant;
� Cut and fill slopes and related drainage facilities shall not encroach upon
adjoining property without a recorded easement from the adjacent owner;
o Cut and fill slopes shall be provided with subsurface and surface drainage "
provisions to approved drainage locations;
o Fill slopes shall not be constructed on natural slopes steeper than 2:1
(horizontal to vertical) unless an engineer devises a method of placement
which ensures the fill will remain in place;
� Drywells shall not be placed in fill slopes or loosely placed fill on grade
(see the SRSM); and,
• Temporary or permanent stormwater runoff shall not be directed onto or
near a slope without providing for stabilization. See Section 5.6 for
additional requirements.
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S.SZ GROUND PREPARATION AND FILL MATERIAL
Unless otherwise recommended by a geotechnical evaluation approved by the City,
grading activities shall conform to the following provisions:
o Prior to any fill being placed, all vegetation, topsoil and other unsuitable
material shall be removed;
o Top 6 inches of subgrade shall be scarified and compacted before placing
fill;
• Fill material shall be placed in lifts of no more than 12 inches;
• All fills shall be compacted to a minimum relative dry density of 95
percent as determined in accordance with ASTM Standard D-I557-78
Modified Proctor, or as directed by the geotechnical engineer.
Verification of field density shall be conducted in accordance with ASTM
Standazd D-1556-82 or equivalent. Verification shall be submitted for any
fill where such fill may support the foundation for a structure. Additional
compaction tests may be required by the City at any time;
o Where slopes aze 5:1 (horizontal to vertical) or steeper, and the depth of
the fill exceeds 5 feet, an engineered key shall be dug into undisturbed,
solid component soil or bedrock beneath the toe of the proposed fill. The
key shall be engineered (see Figure 5-1);
o Where the depth of the fill exceeds 20 feet, an engineered key shall be
provided in conformance with Figure 5-1;
• Fill material shall be free from tree stumps, detrimental amounts of
organic matter, frozen soil, trash, garbage, sod, peat, and other similaz
materials. Rocks larger than 6 inches in greatest dimension shall not be
used unless the method of placement is properly devised, continuously
inspected,and approved by the City.
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�
20' M1AA}C.
�
FIGURE 5-1 FILL MINIMUM REQUIREMENTS
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5.5.3 CUT AND FILL SETBACKS
Tops and toes of cut and fill slopes shall be set back from property boundaries and
structures as faz as necessary for the safety of the adjacent properties and to prevent
damage resulting from stormwater, flooding, slope erosion or sediment deposition.
If cut and fill slopes meet the applicability listed in Section 5.2, setbacks shall
conform to the following provisions:
� Setbacks shall not be less than as shown in Figure 5-2;
o Where a cut or a fill slope is to be located neaz the property line, additional
precautions shall be provided to protect the adjoining property. These
include, but are not limited to:
o The toe of slope shall not be located closer than distances equal to
1/5 the height of the slope (H) to the property line. The setback
shall be at least 2 feet but does not need to be more than 20 feet;
o The top of slope shall not be located closer than a distance equal to
1/5 H to the property line. The setback shall be at least 2 feet but
does not need to be more than 10 feet;
o Provisions for retaining walls;
o Mechanical or chemical treatment of the fill slope surface to
minimize erosion;
o Provisions for the control of surface waters;
o Recommendations from a geotechnical engineer.
October 2009 Chapter 5— Land Disturbing Activities
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FACEOF
BULDING
STRUCTURE
H �SLOPE HEIGHn
�-- A
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DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
TOPOFSLOPE
6'MIN.rERRACE
75' MAX.
�
20' MAX.
STRlCTL1RE
FACEOF
FOOTING
SETBACK OISTANCE (IN FEE7]
A B
•MIN. REqUIREO 5 5
H H2 WJ
M1Ullf.RF]qUIREO 20 -0o
'�MY NEEOTO BE INCREASEO TO FIT INTEFiCEPT DITGHORSWALE
TOEOFSIAPE
FIGURE 5-2 SETBACKS
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5.6 TERRACING
A geotechnical engineer shall review all proposed tenacing. Unless otherwise
recommended by a geotechnical engineer, all terracing shall conform to the provisions of
this section:
o Terraces at least 6 feet in width shall be established at not more than 20-foot
vertical intervals or 75-foot slope length on all cut or fill slopes to control surface
drainage and debris. When only one terrace is required, it shall be at mid-height;
o Swales or ditches shall be provided on terraces. They shall have a minimum
gradient of 5 percent and shall be paved with reinforced concrete not less than 3
inches in thickness, or an approved equal. They shall have a minimum depth of 1
foot and a minimum paved width of 5 feet;
o Where more than 2 terraces are required, one terrace located at approximately
mid-height, shall be at least 12 feet wide;
a A single run of swale or ditch shall not collect runoff from a tributary azea
exceeding 13,500 square feet (projected) without dischazging into a down drain;
o All drainage facilities shall be designed to carry the 100-year storm event to an
approved location. The drainage facility shall include a freeboazd consistent with
the SRSM. Stormwater runoff shall leave the site in the same manner and
location as it did in the pre-developed condition;
� Lots shall be graded so as to drain surface water away from foundation walls; and,
o Paved interceptor drains shall be installed along the top of all cut slopes, where
the tributary drainage azea above, slopes toward the cut and has a drainage path
greater than 40 feet, measured horizontally. Interceptor drains shall be paved with
a minimum 3 inches of reinforced concrete, or an approved equivalent. Drains
shall have a minimum depth of 1-foot and minimum paved width of 3 feet,
measured horizontally across the drain. The slope shail not be less than 2 percent.
5.7 SLOPE EASEMENTS
Slope easements adjacent to the right-of-way for protection and maintenance of cut or fill
slopes and drainage facilities may be required on shouldered streets with side slope of 3:1
or steeper. Easement shall be from the catch point plus a minimum of 5 feet and shall
include retaining walls and reinforcements, as applicable. This space provides for utility
poles, fences, sloped rounding, etc.
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5.8 RETAINING WALLS
Retaining walls shall be submitted to the Building Division for review. Retaining walls
with a vertical difference of 2.5 feet or greater within 2 feet pedestrian conidors, and
azeas where maintenance personnel will be required to access, shall require a handrail.
An engineered wall design is required far walls 4 feet or higher, measured from the
bottom of the footing to the top of the wall. The engineered design shall include a soils
investigation and report by a geotechnical engineer and structural calculations to support
the wall design.
Rockeries used as retaining walls shall conform to the requirements of the latest addition
of the Associated Rockery Contractors Rock Wall Construction.
Unless otherwise recommended by a geotechnical engineer, underdrains are required for
all retaining walls over 4 feet in height, measured from the bottom of the footing to the
top of the wall. A minimum 6-inch diameter perforated or slotted drainpipe shall be
placed in a shallow excavated trench located along the inside edge of the keyway. The
pipe shall be bedded on and surrounded by "Gravel Backfill for Drains"
(WSDOT/APWA 9-03.12(4)) to a minimum height of 18 inches above the bottom of the
pipe. The drain pipe shall drain to a point of discharge indicated on the grading or civil
plans.
A filter fabric shall surround the gravel backfill and shall have a minunum of 1-foot
overlap along the top surface of the gravel. The perforated pipe shall be connected to a
stormwater facility.
A minimum of 18 inches of granulaz drainage material shall be placed between the
undisturbed soil or engineered fill and the wall. The drainage material shall meet criteria
for Gravel Backfill for Walls (WSDOT/APWA 9-03.12(2).
October 2009 Chapter 5— Land Disturbing Activities
5-]0
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TffiS PAGE IS INTENTIONALLY LEFT BLANK
October 2009 Chapter 6— Utilities
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PC RECOMNIENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
6.1 INTRODUCTION
The design and construction of public and private utilities located within City right-of-
way shall be in conformance with these standards.
6.2 DESIGN CRITERIA
The City has established the following minixnum requirements to ensure the efficient
construction of utilities with the least impact to City transportation and utiliTy
infrastructure.
6.2.1 UTILITIES LOCATED WITHIN RIGHT-OF-WAY
In accordance with SVMC Title 20.20.090 M, the short subdivision, subdivision, or
binding site plan shall provide underground utilities within all new public right-of-
way, alleys, or utility easements including, but not limited to, those for electricity,
communication, and street lighting.
6.2.2 iJNDERGROUND UTILITIES
New underground utilities shall meet the following requirements:
� Private utility lines shall be located within the right-of-way only when
approved by the City. Utility companies shall have a current franchise or
public way agreement consistent with Spokane Valley's Uniform
Development Code;
o Private utilities shall be located a minimum horizontal distance of 5 feet
from buildings and public utilities;
e When crossing public utilities, private utilities shall be located a minimum
vertical distance of 12 inches from the public utility;
o Manhole covers, utility box lids, and all other underground utility and
inigation access covers shall not be located within the sidewalk or
driveway approaches;
o Sewer utility installation shall satisfy Spokane County's Standards for
Road and Sewer Construction and the Department of Health's Orange
Book;
o Water line installations or modifications shall satisfy AWWA (American
Water Works Association) Standard Specifications;
• End markers shall be installed at the end of all utility stubs or crossings,
and locator tape shall be installed at a maximum of 6 inches above all
conduits, pipe and cables; and,
e The Applicant shall notify the applicable utility companies of upcoming
street construction, so they have the opportunity to upgrade their utilities
in conjunction with the development project, if desired.
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6.2.3 ABOVEGROUND UTILITIES
On projects where underground requirements do not apply, the following pazameters
shall be addressed in locating aboveground utilities:
• Utilities shall be located per Standazd Pian U-100;
• Utility poles and other aboveground utility structures located on curbed
streets with sepazated sidewalks shall be installed a minimum of 2 feet
behind the back of curb. When the sidewalk is adjacent to the curb, they
shall be located a minimum of 2 feet behind the sidewalk. For shouldered
streets, utility poles and other aboveground utility structures shall be
located outside the cleaz zone in accordance ivith the AASHTO manual
"A Policy on Geometric Design ofHighways and Streets" and Chapter 7;
e Utility poles and other aboveground utility structures shall not be located
within the sidewallc. Sidewalks shall have a continuous unobstructed path
of at least five feet wide;
o Utility poles and other aboveground utility structures shall not interfere
with driveways, intersections, cleaz zone, and all other road features.
They shall not obstruct with sight distance, road signing, traffic signals,
culverts, eta This may require that existing poles be relocated at the
Applicant's expense;
• No utility pole or other aboveground utility structures shall be located in
such a way as to pose a hazazd to the general public. Utility companies
shali locate and replace poles and. other structures with primary
consideration given to public safety and roadway functionality; and,
• When an Applicant-driven project requires the relocation of private
utilities due to public utility extensions or other City required
improvements, the cost of relocation of the private utility shall be bome by
the Applicant.
6.2.4 REGIONAL PAVEMENT CUT POLICY
Modification or removal of pavement within the City's right of way is govemed by
the Regional Pavement Cut Policy. General requirements aze as follows:
• A right-of-way permit is required of any person or company cutting
pavement within existing City rights-of-way or on City-owned
infrastructure UDC Title 22.130.060;
a Permit fees aze established in the Spokane Valley Master Fee Schedule;
• A pavement cut moratorium is in effect for three years from the date of
pavement or reconstruction of pavement for public streets. For streets
beyond the moratorium period, cuts are allowed if the requirements of this
policy are met; and,
October 2009 Chapter 6— Utilities
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
o For pavement cuts and other infrastructure affected by the work, the
Applicant shall provide a warranty in accordance with this policy;
October 2009 Chapter 6— Utililies �
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Appendix 6A — Regional Pavement Cut Policy
October 2009 Chapter 6— Utilities
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CHAPTER 7 - STREET ELEMENTS
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Chapter Organization
7 .1 Introduction ..................................................................................................................... 1
7 .2 Terrain Types .................................................................................................................. 1
73 Street Types .................................................................................................................... 1
73 .1 Public Streets .......................................................................................................... 1
73 .2 Private Streets ......................................................................................................... 2
7.33 Alleys ......................................................................................................................2
73.4 Private Driveways ................................................................................................... 3
7.4 Half-Street Improvements ............................................................................................... 3
7.5 Street Geometry .............................................................................................................. 4
7.5.1 Design Criteria ........................................................................................................ 4
7.5.2 Right-of-Way ..........................................................................................................8
7 .53 Border easement ...................................................................................................... 8
7 .5.4 Grade .......................................................................................................................
7 .5.5 Cross Slope ............................................................................................................. 8
7 .5.6 Horizontal Curves ................................................................................................... 9
7.5.7 Vertical Curves ....................................................................................................... 9
7.5.8 Street Surfacing Requirements ............................................................................. 10
7.5.9 Curb and Gutter ..................................................................................................... 10
7.5.10 Landscape Strip & Swales .................................................................................... 10
7 .5.11 Turnarounds ..........................................................................................................
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7.5.12 Bikeways ...............................................................................................................11
7 .5.13 Intersections .................................:........................................................................ 12
7.5.14 Street Layout ......................................................................................................... 13
7 .5.15 Survey Monuments ............................................................................................... 14
7.5.16 Traffic Control Devices ........................................................................................ 15
7 .6 Roadside Elements ........................................................................................................ 16
7.6.1 Sidewalks .............................................................................................................. 16
7.6.2 Pedestrian Ramps .................................................................................................. 16
7 .63 Side Slopes ............................................................................................................ 17
7 .6.4 Cleaz Zone ............................................................................................................. 17
7.6.5 SightDistance .......................................................................................................18
7.7 Miscellaneous Features ................................................................................................. 21
7 .7.1 Street Names ......................................................................................................... 21
7.7.2 Mailboxes ..............................................................................................................21
7 .7.3 Guazdrail ...............................................................................................................21
7.7.4 Bollards .................................................................................................................21
7.7.5 Roadway Barricades ............................................................................................. 22
7 .7.6 Entrance Gates ...................................................................................................... 22
7.8 Approach Design Criteria ............................................................................................. 22
7.8.1 Applicability ......................................................................................................... 23
7.8.2 Access Limitations ................................................................................................ 23
7 .83 General Design ...................................................................................................... 24
7.8.4 Driveway Approach Horizontal and Vertical Grade ............................................ 24
7.8.5 Approach Widths .................................................................................................. 24
7.8.6 Driveway Approach On-Site Layout .................................................................... 25
7.8.7 Comer Cleazance from Intersections .................................................................... 26
7.8.8 Driveway Approach Spacing - Same Side of Street .............................................27
7.8.9 Driveway Approach Methods of Measurements .................................................. 27
7.8.10 Restricted Access Driveways ................................................................................ 27
7.8.11 Alignment of Cross-Street Driveway Approaches ............................................... 28
7.8.12 Signalized driveway approaches ........................................................................... 28
7.8.13 Approaches on state highways .............................................................................. 28
7 .9 Traffic Calming ............................................................................................................. 29
7 .9.1 New Development ................................................................................................ 29
7.9.2 Existing Development ........................................................................................... 29
7.93 Traffic Calming Devices ....................................................................................... 29
List of Figures
Figure 7-1 Sight Distance Triangle for Case A ...................................................................... 20
Figure 7-2 Sight Distance Triangle for Case B ....................................................................... 20
List of Tables
Table 7.1 Arterial Street Design Criteria .................................................................................. 5
Table 7.2 Arterial Street Design Criteria Minimiun Widths ..................................................... 6
Table 73 Access Street Design Criteria ................................................................................... 7
Table 7.4 Minimum Street Approach Length ........................................................................ 12
Table 7.5 Minimum Intersection Spacing .............................................................................. 13
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Table 7.6 Mnumum Stopping Sight Distance :....................................................................... 18
Table 7.7 Minimum Intersection and Approach Sight Distances .......................................... 19
Table 7.8 Driveway Approach Spacing ................................................................................. 27
Table 7.9 State Routes Classifications ................................................................................... 29
October 2009 Chapter 7— Street Elements
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October 2009 Chapter 7— Street Elements
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7.1 INTRODUCTION
The design of streets within the City of Spokane Valley shall generally conform to
American Association of State Highway and Transportation Officials (AASHTO) and the
State of Washington Department of Transportation (WSDOT) standards unless modified
herein.
Some street designs require technical criteria that aze above the scope of this manual and
therefore not covered. In these cases, design manuals from the above referenced agencies
and references listed in Section 1.11 should be used for a basis of design.
The standard plans referenced in this chapter can be found in Chapter 11.
7.2 TERRAIN TYPES
Terrain type can be classified as flat, rolling or mountainous.
Flat tenain is the condition where roadway sight distances, as governed by both
horizontal and vertical restrictions, aze generally long or could be made to be so without
construction difficulty or major expense. The slope of the existing tenain is from 0
percent to and including 5 percent.
Rolling terrain is that condition where the natural slope rises above and falls below street
grade line consistentiy. Normal street alignment is restricted some by occasional steep
slopes. The slope of the existing terrain is from 5 percent to and including 15 percent.
Mountainous terrain is that condition where longitudinal and transverse changes in the
elevation of the ground with respect to a street are abrupt and where the roadbed is
obtained by frequent benching or side hill excavation. The slope of the existing terrain
exceeds 15 percent.
7.3 STREET TYPES
Streets within the City include public and private streets. Since community needs are
usually best served by streets owned and maintained by the City, most projects aze
required to be accessed via public streets. Private streets may be appropriate for some
local accesses in very limited usage.
For the purposes of these Street Standards, the following sections provide additional
descriptions of streets.
7.3.1 PUBLIC STREETS
Public streets are owned and maintained by the City. All public streets in the City
have been classified using the . Federal Functional Classification system, which
provides a hierazchy, from principal arterials to local access streets, to accommodate
existing and anticipated traffia Street classifications can be found in the Ciry of
Spokane Yalley Comprehensive Plan.
October 2009 Chaprer 7— Stree[ Elemenis
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Public streets can be triggered by land actions or development permits as described in
Chapter 2. Public streets shall be used to connect two public streets and shall be per
Standard Plans R-120 through R-122. Sections 73 through 7.7, including Tables 7.1
through 7.3, provide design criteria and requirements for public streets.
7.3.2 PRIVATE STREETS
Private streets are local access streets, privately owned and maintained. All new
private streets shall be approved by the City.
Private streets are permitted when all of the following apply:
• Where connectivity to the public street system is not compromised; and,
• Where future through connection to public streets is not possible; and,
o The private street does not land lock present or planned parcels; and,
o The private street serves from 2 to 9 single family dwelling lots; and,
• The private street provides direct access to a public street. Access to and
from private streets shall be limited to properties immediately adjacent to
the private street; and,
e The private street is not used to connect two public streets.
Private streets shall be per Standazd Plan R-126. See Table 7.3 for design criteria.
The design of a private street shall discourage any through traffic of non-residents.
Traffic calming measures may be utilized in the design o£ private streets. Private
streets shall connect to City streets using a standazd driveway approach per Standazd
Plan R-115.
A capable, legally responsible owner or homeowners association shall be established
to maintain private streets and associated drainage facilities in perpetuity. A plat or
short plat with private streets shall be required to provide an executed recorded
Private Street Maintenance Agreement and a Stormwater Easement and Maintenance
Agreement that obligate future property owners to maintain the infrastructure in
perpetuity (see Chapter 10 for requirements).
7.3.3 ALLEYS
Alleys are not typically required. However, certain projects may have the option or
may be required to provide alley access by the City Comprehensive Plan or by an
adopted Revitalization Plan.
Design of alleys typically follows the criteria for local streets (Standazd Plan R-125).
The following is a list of design standazds that differ from local street elements:
o Alleys shall have a minimum width of 20 feet of asphalt pavement. If the
alley is the only access point to the site, the alley width shall meet the width
requirements for local access streets (See Table 7.3);
October 2009 Chapter7—SVeetElements
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• Curb, gutter and sidewalk aze not required, unless conditioned otherwise; and,
e The pavement area may have an inverted crown at centerline to convey
stormwater into catch basins located at low points in the invert.
Alleys shall connect to a private or public street at each end. In cases where this is
not feasible, adequate tumazounds shall be provided. Alleys can be located in the
public right-of-way or a private easement.
7.3.4 PRIVATE DRIVEWAYS
Private driveways provide vehiculaz access to one lot. Private driveways shall
comply with the following:
e Private driveways longer than 75 but less than 150 feet in length shall
meet the requirements for width, grade and signing as private streets (See
Table 73);
• Private driveways longer than 150 feet shall be engineered and meet the
requirements for width, grade, and signing as private streets (See Table
73);
• Private driveways longer than 750 feet shall only be allowed when
approved by the Fire Depaztment.
Structures accessed by a private driveway and which are not visible from the public
street shall post an address at the street. Addresses shall be permanent by nature and
the numbers shall be a minimum of 4 inches 4a11, %z inch stroke, and contrasting color
to the background.
Driveways shall not extend off the end of an arm of the hammerhead tum-around.
7.4 I-�ALF-STREET IMPROVEMENTS
A half-street is required as an interim facility. Half-street unprovements aze required For
a property fronting a public street that is not currently built to City standards. Half-street
construction may also be required for property that abuts future streets proposed in the
City's Arterial or Local Street Plan.
When half-street improvements aze required, the design of the half-street shall be
consistent with the existing street classification or as dictated by the City's 6-year
Transportation Improvement Plan (TIP) or City Street Plans. This requires construction
of more than half the street for safety and drainage reasons. Construction in these
circumstances requires a minimum of one travel lane on the opposite side of the roadway
and frontage improvements on the project side of the street. Dedication of additional
right-of-way and border easements are required, unless the existing right-of-way and
easement widths aze sufficient to fit the improvements.
When half-street improvements are required, a minimum of 28 feet of pavement is
required. Street improvements shall be designed to provide drainage for the constructed
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portion of the street. Provisions shall be made to allow for extension of the storm
drainage system to the undeveloped portion of the street for future construction.
Transition tapers aze required when the new edges of pavement do not match the existing
edge of pavement. Tapers aze required to conform to Chapter 6 of MUTCD, latest
edition. .
All proposed utilities located within the half-street shall be installed during construction.
The unfinished side of the half-street sha11 be finished with a gravel shoulder, grassed
ditch and/or side slope to assure proper drainage, bank stability, and pedestrian and traffic
safety (see Standazd Plan R-119).
When half-streets connect to an intersection, the intersection shall be designed and
constructed for the full build-out of the street. The intersection design and construction
shall extend for at least 75 feet from the street intersection (SI).
7.5 STREET GEOMETRY
Factors contributing to the geometric conditions of a street aze discussed in the following
sections.
All public streets in a subdivision, including half-streets, shall be fully constructed to the
plat boundaries. Pavement, gutter, curb and sidewalk shall be extended to allow future
connections to occur.
7.5.1 DESIGN CRITERIA
Minimum and maximum geometric design elements aze provided in Tables 7.1
through 73. Any revision to a geometric element ar traffic control on a State
Highway requires WSDOT approval. For in-depth design information on the
following criteria, refer to AASFTlO Green Book, latest adopted edition.
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TABLE 7.1 ARTERIAL STREET DESIGN CRITERIA
NIIl�TIl17iJM
DESIGN TERRAIN URBAN ARTERIAL SYSTEM URBAN
ELEMENTS TYPE COLLECTOR
SYSTEM
Classification Princi al Minor Collector
Design Flat 40 40 35
Speed (mph) Rolling 40 35 35
Mountainous 35 30 35
Minimum Section T e Crown Crown Crown
Horizontal 2% 3% 2°/a 3% 2% 3%
Curve Radius' Flat 765 820 765 820 510 545
��) Rolling 765 820 510 545 510 545
Mountainous 510 545 330 350 510 545
Minimum All 150 150 100
Tangent
Len Z (ft)
Maximum All 4 4 Not allowed
Superelevation
p/
/
Maximum All 6 8 8
Grade (%) °
Acceptable All 2-3 2-3 2-3
Range
Cross-slope
/%
l
IvSinimum Flat 45 45 30
Crest Vertical Rolling 45 30 30
Curves K) Mountainous 30 20 30
Minimum Flat 65 65 50
Sag Vertical Rolling 65 50 50
Curves (K) Mountainous 50 40 50
1. Minimum horizontal curves reflect a crown section. For superelevated sections, the horizontal curve radius
shall be re-calculated using AASHTO — Geometric Design of Highway and Speeds.
2. Minimum tangent required at in[ersections and between curves.
3. Horizontal curves may be adjusted if a super-elevated section is proposed - use AASHTO — Geometric
Design of Highway and Speeds.
4. Maximum grades may be exceeded for short distances subject to approval by the Ciry "(+2%)".
5. Length in feet per percent of algebraic grade difference (K value). L= K x Algebraic difference in grade.
K Shall not exceed 167.
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TABLE 7.2 ARTERIAL STREET DESIGN CRITERIA
MINIMUM WIDTHS
URBAN
TYPE URBAN ARTERIAL SYSTEM COLLECTOR
SYSTEM
Classification Principal Minor Collector
Curb & Gutter Requued Yes Yes Yes
Edge Type Curb Shoulder Curb Curb
Painted Center/Left-tum 12 12 12 12
lanes
Inside lanes (feet) 12 12 12 12
Intermediate lanes (feet) 12 12 12 12
Outside lanes' (feet) 12 12 12 12
Minimum 6 6 6 (5 to 6)
Sidewalk feet
Minimum
Intersection return radii (fr)5 50 50 40 30
Minimum
Asphalt Width 2 lanes 44' 40
(feet 6
3 lanes 44 or 46 -- 44 or 46 --
4lanes 56 64 56 --
5 lanes 68 or 70 78 68 or 70 --
6lanes 80 102 - --
7lanes 92 or 94 - -- --
1. Shoulder section only when approved by the City.
2. Where raised median islands are required, the center lane or left-tum lane shall be fourteen Feet in width.
3 Traveled lanes of a two-lane road aze shown as outside lanes. If the street is a shazed roadway as
designated in the Comprehensive Plan, the outside lane is 14 feet minimum. For streets with a bike lane as
designa[ed in the Comprehensive Plan, increase the lane width by 5 feet 8 inches [o allow for a 5 feet bike
lane and 8-inch shipe.
4. Minimum sidewalk width is 6 feet if it is adjacent to the curb and/or if located in a commercial zone.
5. Retwn radii at face of curb.
6. When asphalt width varies, the larger width is for a raised median.
7. Pazking lanes included.
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TABLE 7.3 ACCESS STREET DESIGN CRITERIA
DESIGN TERRAIN INDUSTRIAL/ LOCAL ACCESS PRIVATE ALLEY
ELEMENTS TYPE COMMERCIAL STREET
ADT All 200+ < 200 All All
Curb & Gutter Required All Yes Yes Yes No No
Design Flat 35 30 25 20 20
Speed (mph) Rolling 30 30 25 20 20
Mountainous 25 25 20 20 20
Minimum Horizonta] Curve Flat 545 350 210 110 I] 0
Radius (ft)' Rolling 350 350 210 110 110
Mountainous 210 210 110 110 I10
Minimum Tangent Length All 100 25 25 25 25
fr at intersections
Maximum All Not allowed Not Not 2 2
Su erelevation Rate (% allowed allowed
Maximum Grade (%) All 8 8 8 10 8
Acceptable Range All 2 to 3 2 to 3 2 to 3 2 to 3 2 to 3
Cross slo e (%)
Minimum Flat 40 20 15 10 10
Crest Vertical Rolling 30 20 15 10 10
Curves 3 Mountainous 20 15 10 10 10
Minimum Flat 50 40 30 20 20
Sag Vertical Rolling 40 40 30 20 20
Curves 3 Mountainous 30 30 20 20 20
Minimum Not Not
Sidewalk Width (ft ° All 6 5 5 re uired re uired
Min. Asphalt Width (ft) All 40 30 28 (20-26) •• (20-30)
Minimum
Intersection return radii at All 30 30 30 30 30
face of curb (ft)
1. Minimum horizontal curves reflect a crown section with a cross-slope of 3 percent. Other section types
should be calculated using AASHTO — Geomeh Design of Highway and Speeds.
2. Manimum grades may be exceeded for short distances subject to approval by the Ciry (+2%).
3 Length in feet per percent of algebraic grade difference (K value). L= K x Algebraic difference in grade.
K shall not exceed 167.
4. Minimum sidewalk width is 6 feet if it is adjacent to the curb and/or if located in a commercial zone.
5. Asphalt width does not include curb and/or gutter section.
6. "No Pazking° signs shall be posted on side of the street
7. A minimum 10' maintenance and utility easement shall be provided on each side of the private street.
8. Asphalt width based on the length of the street: up to 500 feet = 20 feet, up to 600 feet = 26 feet. The
minimum width is 26 feet if there is a fue hydrant on the private street, regazdless of street length.
9. Streets 20 to 26 feet wide shall be posted on both sides as a fire lane and with No Pazking signs. Pavement
widths greater than 26 shall be posted on side of the street as a fire lane and with No Pazking signs. If curb
is provided, the curb ro curb width can be used to determine if a"No Pazking" sign is required.
] 0. If the alley is the only access point to the site, the alley width is 30 ft unless the ADT is less than 200 when
the width is 28 ft.
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7.5.2 RIGHT-OF-WAY
The public street right-of-way shall extend at a minimum to 2 feet behind the curb for
projects with separated sidewalk. When the sidewalk is adjacent to the curb, the
right-of-way shall extend 2 feet behind the sidewalk. Right-of-way requirements may
vary within a street corridor. The required right-of-way width depends on the
required street elements, including number of lanes, on-street pazking, bike lanes,
medians, hun lanes, roadside swales, pedestrian buffer strips and above and below
ground utilities. Right-of-way shall be conveyed to the City on a recorded plat or by
a right-of-way dedication.
7.5.3 BORDER EASEMENT
Border easements shall be granted to the City on a recorded plat or by a recorded
easement. Border easements shall extend from the right-of-way line to the back of
sidewalk or the back of public facilities when located behind the sidewalk, whichever
is the greatest. The border easement shall run the total length of the street on both
sides.
Fences shall not be constructed inside the border easement. The border easement area
shall be kept cleaz of other objects that would obstruct a driver's view. The sidewalk
shall be open for use of pedestrian traffic at all times.
The border easements may be used by the utility companies. Utility and other
easements can cross the border easement but cannot be entirely located within the
border easement.
7.5.4 GRADE
Minimum longitudinal grade shall be 0.5 percent for streets with concrete gutters.
The minimum longitudinal grade shall be 0.8 percent for streets with asphalt gutters.
Ma�cimum allowable grade shall be per Tables 7.1 and 73.
7.5.5 CROSS SLOPE
All new streets shall be constructed with a center crown, with the cross slope per
Tables 7.1 and 73. When widening an existing street, the cross slope may range
between 2 and 4.5 percent.
The cross slope of the higher priority street shali be extended through the intersection.
The grade of the cross street shall be adjusted to meet the cross slope of the higher
priority street.
When two streets with the same classification meet, the street with the higher average
daily trip (ADT) shall be selected to act as the higher priority street. The slope of the
other street shall be adjusted as required above.
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7.5.6 HORIZONTAL CURVES
Curve radii shall be as lazge as possible; the minimum radii shall be used only where
necessary. The minimum allowable centerline radii for horizontal curves shall be per
Tables 7.1 and 73. Angle points aze not allowed. All changes in direction shall be
made using horizontal curves.
Reverse and compound curves should only be used when a single radius curve will
not work. For driver safety, compound curves shall have a ratio no greater than 1.5
where the value of the larger radius is divided by the smaller radius.
Whenever two streets intersect, a tangent length (measured from the neazest gutter
flowline of the intersected street to the point of curvature in the intersecting street)
shall be provided for a safe sight distance and traffic operation. The angle of
departure from perpendiculaz shall not exceed 15 degrees for the length of the
tangent. The minimtun required tangent length shall be per Tables 7.1 and 73.
For driver safety, horizontal curves shall not begin neaz the top of a crest vertical
curve or the bottom of a sag vertical curve.
Connection with existing streets shall.be made to match the existing alignment grade
of the existing improvements. The centerline, flowline, and existing ground lines of
all streets (except cul-de-sacs) shall be continued for 100 feet beyond the proposed
construction.
7.5.7 VERTICAL CURVES
The minimum vertical curve length for public and private local access streets is 50
feet and 100 feet for arterials. A vertical curve is required when the grade break is 1
percent or greater. .
The following guidelines shall be followed when designing a profile:
• The grade line shall be smooth flowing;
• The roller coaster type profile should be avoided;
o A broken-back grade line (successive vertical curves in the same
direction) generally shall be avoided;
� The grade through intersections on streets shall not exceed 6 percent;
o A sag vertical or flat grade is desirable in advance of such features as
channelization and ramp takeoffs in order to provide good visibility;
� The approach at street intersections shall be per Table 7.4;
a When superelevation is allowed, transitions shall be designed per the latest
version of the WSDOT Design Manual or AASHTO Policy on Geometric
Design of Highways and Streets. The pivot point should be located at the
centerline. The gutter profile along the grade break shali be evaluated for
stormwater conveyance. Vertical curves and grades created by and along
the transition shall conform to these standards; and,
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o Vertical curves should be avoided at the intersection with streets or
approaches.
7.5.8 STREET SURFACING REQUII2EMENTS
All travelways shall be paved, including public and private streets, alleys, and private
driveways. Paving requirements aze specified in Chapter 8.
7.5.9 CURB AND GUTTER
Type B curb and gutter shall be used for all public streets per Standazd Plan R-102.
When the existing curb is not continuous along the street frontage, the Applicant shall
construct curb and/or gutter to provide continuity.
7.5.10 LANDSCAPE STRIP & SWALES
A grass strip shall be provided between the curb and the sidewalk for all public
streets, providing a buffer for pedestrians. The width of the grass strip shall be as
follows:
• Seven feet wide if the grass strip is not used for drainage. In this case,
drainage facilities shall be located in a sepazate tract. Commercial and
industrial projects may place drainage facilities within a drainage
easement granted to the City; or,
• Ten feet wide if a continuous roadside swale is provided within the strip.
Planting shall conform to Section 7.8.9 of the Spokane Regional
Stormwater Manual and SVMC.
Drainage facilities receiving stormwater from public streets shall be located within
ttie right-of-way, within a border easement pazallel to the street or within a drainage
tract. Drainage facilities receiving stormwater from private streets or engineered
driveways shall be located within a drainage easement parallel to the street or a
drainage tract.
7.5.11 TURNAROIJNDS
Streets shall be planned, designed and constructed to connect to future developments.
Dead-end public and private streets shall not be more than 600 feet in length. All
dead-end streets shall have a tumaround that meets the City and Fire Department
requirements.
A turnazound is required when:
• The length is 150 feet or more for all types of travelways. The length is
measured from the street intersection (SI) to the terminus of the travelway;
or,
• A public street is longer than the depth of one lot.
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Existing stub-end streets greater than 600 feet in length shall be linked to other
streets, unless it can be demonstrated that such connections would lead to a
substantial rerouting of through traffic onto the street.
Non-motorized paths to adjacent arterials or public facilities, such as schools and
pazks, shall be provided at the dead-end of the street to shorten walking distances.
This requires right-of-way dedication and/or easements.
7.5.11.1 Temporary Turnarounds
Temporazy turnazounds shall be approved by the City and are allowed only when
there is the possibility for extending the street to connect adjacent parcels or other
streets.
Standazd Plans R-131 and R-132 provide acceptable temporary tumarounds for public
streets.
For public streets, the turnaround shall be placed within an easement. Curb, gutter,
and sidewalk shall be provided to the locations specified in standazd plans. The plan
shall include language indicating that the easement is to be vacated when the street is
extended across the adjacent pazcel. For private streets, the turnaround shall be part
of the access easement and not part of the driveway approach. It is the responsibility
of the Applicant to verify that setback requirements aze satisfied for the lots with the
tumazound.
A sign shall be posted at the back of the temporary turnaround stating that the street is
planned to be extended in the future (Standard Plan R-142).
7.5.11.2 Permanent Turnarounds
Permanent cul-de-sacs shall be provided for approved dead-end public streets (see
Standazd Plan R-130). For private streets and driveways, cul-de-sacs aze the
preferred tumaround; hammerheads or other turnazound types (Standazd Plan R-133)
are only allowed for private streets when approved by the City and the Fire
Department. A permanent dead-end street is only allowed when connection to
adjacent properties and/or other streets is not needed or possible.
Permanent cul-de-sacs shall be constructed with curb, gutter, sidewalk and swales.
The grade of the cul-de-sac bulb shall be a minimum 1 percent at all places along the
gutter lines. As topography pernuts, drainage shall be directed away from the bulb.
7.5.12 BIKEWAYS
The minimum design standazds for bikeways shall be per AAHSTO Guide for the
Development ofBicycle Facilities, latest edition. Typically, bikeways are shazed with
other transportation modes, although they may be provided exclusively for bicycle
use. Types of bicycle facilities and planned bicycle facilities within the City can be
found in Chapter 3 of ttte Ciry of Spokane Valley Comprehensive Plan.
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7.5.13 INTERSECTIONS
7.5.13.1 General Design
Street intersections shall be laid out so the streets intersect as neazly as possible at
right angles. If a right angle is not possible, the skew shall not vary more than 15
degrees from a right angle. Opposite street legs shall lie on a straight line, whenever
possible.
For safe design, the following shall be avoided:
o Intersections with more than four intersecting streets;
o"Y" type intersections where streets meet at acute angles; and,
• Intersections adjacent to bridges, horizontal curves, and vertical curves
and other sight obstructions.
When a private street intersects a public street, the private street is required to be
stop-controlled. A private street is not allowed as the fourth leg of the intersection at
existing tee intersections.
The minimum return radii shall be per Tables 7.2 and 73.
7.5.13.2 Approach Length
The street approach azea is where vehicles store while waiting to enter an intersection,
and shall be designed with a neazly flat grade. For public or private streets, the street
approach area at an intersection shall have a downgrade approaching the intersection
of no greater than 2 percent. An upgrade approaching the intersection shall be no
steeper than 4 percent. The minimum length of the street approach area, measured
from the intersected streeYs edge of curb face, or traveled way where curbs are not
present, is to be in accordance with Table 7.4.
TABLE 7.4 MIlVIMUM STREET APPROACH LENGTH
Average Daily Traffic Minimum Road Approach Length (feet)
(ADT) of Higher ( 2% Maximum Downgrade and 4% maximum
Priori Road u rade
Local Access Streets & Collector Arterials
Private Roads
ADT< 1000 25 50
1000 < ADT < 5,000 50 75
5,000 < ADT < 7,000 75 100
7,000 < ADT < 9,000 75 analysis re uired
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7.5.13.3 Intersection spacing
Arterial spacing shall be per the adopted Arterial Plan.
Local access streets and private streets shall be located at the minimum spacing
specified in Table 7.5.
TABLE 7.5 - MINIMUM INTERSECTION
SPACING FOR LOCAL ACCESS STREETS
MINOR MAJOR STREET
STREET
PRINCIPAL MINOR COLLECTOR LOCAL
ARTERIAL ARTERIAL SEPARATION ACCESS
SEPARATION SEPARATION SEPARATION
LOCAL
ACCESS & 660 ft 330 fr 330 ft 150 ft
PRIVATE
STREETS
1. Minimum intersection spacing is measured from centerline to centerline.
7.5.14 STREET LAYOUT
The internal local residential street network for a subdivision should be designed to
discourage regional through traffic. Subdivisions shall be planned in a manner that
minimizes the number of local sVeet accesses to arterials and collectors.
Street configuration shall conform to the following:
s Blocks lengths shall not exceed 600 feet except as provided in the zoning
regulations for estate lots, unless unique chazacteristics associated with the
land such as creeks, woods, or parks justify a longer length;
o Public streets, private streets, and driveways shall not be located closer
than 2 feet from any point from an interior property line. The only
exceptions to this rule aze for public streets which shall extend to the plat
boundaries to allow for future connection and for half-streets;
e Horizontal Alignment within Intersection Area. The horizontal approach
to an intersection shall be tangent for a minimum length as specified in
Tables 71 and 7.3. Longer tangents aze higlily desirable. The tangent
distance is measured from the curb line of one street to the first point of
curvature on the intersecting street;
, o Residential developments with greater than 30 single family dwelling
units shall have a minimum of 2 street accesses that meet the Fire
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Departrnent separation requirement to ensure adequate emergency access;
and,
• Multi-family developments with greater than 100 dwelling units shall have
a minimum of 2 street accesses.
7.5.15 SURVEY MONUMENTS
7.5.15.1 General Requirements
Surveys shall conform to all applicable state and local regulations (SVMC Title 20).
Prior to any construction or maintenance activities within City right-of-way, a
professional land surveyor licensed in the State of Washington (Surveyor) shall
conduct a thorough search for all survey monuments. Any found monuments shall be
referenced in accordance with current applicable state and local regulations. A copy
of the references shall be filed in the office of the County Engineer. The Surveyor
shall comply with Chapter 332-120 WAC. If monuments aze found to be at risk by
construction or maintenance activities, an approved copy of the Application Pernut
filed with the Washington State Department of Natural Resources (DNR) shall be
provided to the City.
7.5.15.2 Monumentation
The responsible Surveyor shall set permanent monuments as shown per Standard Plan
R-145 with his/her registration number as follows:
• For placing new or replacement of section corners, quarter corners, closing
comers, witness corners, and meander corners that have been disturbed or
destroyed, the minimum acceptable monument is a 3/4 inch inside
diameter iron pipe or a#5 (5/8 inch) steel reinforcing rod, 24 inches in
length. The monument and cap shall be marked in conformance with state
laws and regulations. Any of these corners in paved roads shall be
covered by a cast iron monument case and lid per Standard Plan R-145.
o For placing new or replacement of disturbed road intersection points on
arterials, the minimum acceptable monument is a 1/2 inch inside diameter
iron pipe or a#5 (5/8 inch) steel reinforcing rod, 24 inches in length.
These monuments shall be covered by a standard cast iron monument case
and lid per Standard Plan R-145.
• For placing new or replacement of disturbed road centerline angle points,
curve points and road intersection points (not identified above), the
minimum acceptable monument is a 1/2 inch inside diameter iron pipe or a
#5 (5/8 inch) steel reinforcing rod, 24 inches in length. Monuments set in
the residential street shall be as shown on Standazd Plan R-145.
� For placing new or replacement of all permanent monuments not covered
above, the minimum acceptable monument is a 1/2 inch inside diameter
iron pipe or a#4 (1/2 inch) steel reinforcing rod, 18 inches in length.
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o If it is impossible to set the above monuments, the City may approve an
altemative monumentation method.
For each monument being set or established, the responsible Surveyor shall:
� Identify at least three reference points. The reference points may consist
of, in order of preference, cross on curbs, beazing trees or accessories,
neazby property corners or an alternate as approved by the City. A
completed DNR permit shall be filed with the DNR with a copy supplied
to the City.
o Show on a Record of Survey, Plat, Short Plat or Binding Site Pian
sufficient information to comply with RCW 58.09.120. A filed copy of
said Record of Survey, Plat, Short Plat or Binding Site Plan shall be
supplied to the City as needed.
7.5.15.3 Horizontal Control Network
A horizontal control network previously established by the Spokane County Engineer
shall be the mapping base for all surveys performed under these Street Standards.
Intersections shall also be located and referenced to the current control network as
established by the Spokane County GPS conVol project and that coordinate system.
Refer to SVMC Title 20.40 for additional information.
All survey work done within.the City boundazies shall.conform to the degree of
accuracy required under applicable state laws. Adequate supplemental information
may be required by the City to ensure accuracy.
7.5.15.4 Temporary Bench Mark �
The Surveyor shall provide a temporazy bench mark along the roadway every one
thousand feet. T'hese temporary bench mazks shall be based on the datum plane
approved by the CiTy. Refer to SVMC Title 20.20 for additional information. If
requested by the City, the Surveyor shall submit field notes or a sealed statement,
insuring work according to third order accuracy. Refer to Washington State
Department of Transportation Standards (Highway Surveying Manual M22-9� for
additional information.
7.5.16 TRAFFIC CONTROL DEVICES
The City uses the Washington State MiJTCD as a guideline for traffic control devices
including pavement marking and signing.
The Applicant is responsible for providing and installing all required traffic control
devices, including but not limited to street name signs, regulatory signs (including
stop and no pazking), warning signs, barricades, crosswa]k mazkings, and
bicycle/pedestrian signs.
"No Pazking" signs shall be posted on both sides of the street for curb to curb widths
up to 26 feet and on one side of the street for curb to curb widths greater than 26 feet
and up to 32 feet. If the street has no curb, the pavement width shall be used to
determine if "No Parking" signs are required. For private streets and private
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driveways, a minimum of one "No Pazking — Fire Lane" sign shall be installed every
100 feet of frontage or as required by the Fire Departrnent. "No Parking" signs on
public streets shall be installed when required by these Street Standazds at a
sepazation as required by the City and the Fire Department.
7.6 ROADSIDE ELEMENTS
7.6.1 SIDEWALKS
Sidewalk is required on public streets along both sides for all street classifications.
When approved by the City, the sidewalk may be eliminated on one side of the street
if topography or safety prohibits construction. The Applicant shall demonstrate that
pedestrian needs aze still satisfied. Additionally, sidewalk may not be required on a
local access street fronting the project if all of the following are true:
o The project is in a low-pedestrian zone (zones R-i, R-2, R-3, I-2);
� There are no other sidewalks within its block; and,
• Any part of the project is more than one mile radially away from an
activity center (which includes but is not limited to parks, schools, large
employment centers, religious institutions).
The width of sidewalks shall be as required in Tables 7.2 and 73. Wider sidewalk
may be required to provide corridor continuity. At no location shall a sidewalk
provide an unobstructed path of less than the required width.
Wider sidewalk may be required at bus stops to allow bus riders a place to stand
without hindering pedestrian movements or handicap access.
When the existing sidewalk is not continuous along the street frontage, the Applicant
shall construct sidewalk along the frontage of the project to provide continuity.
The thickness of the sidewalk shall be per Standazd Plan R-103.
Meandering sidewalks may be approved by the City. The design of ineandering
sidewalks shall address obstructions, including mailbox mountings, street trees, fire
hydrants, power poles, driveways, swales and street signs, without deviation from the
required design width. Additional right-of-way (or easement) may be required to
accommodate the obstructions or the meander of the sidewalk.
7.6Z PEDESTRIAN RAMPS
Pedestrian ramps shall be provided at all pedestrian crossings having vertical curb
sections and shall be per Standazd Plans R-105 and R-106. Every pedestrian ramp
sha11 have at least one receiving ramp. This may require construction of "island"
landing ramps. In special conditions, pedestrian ramps shall also be provided to
enable passage across curbed radius return access points. Pedestrian ramps shall have
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detectable warning pattems formed with manufactured truncated domes in yellow.
Pedestrian ramps are required to meet all ADA guidelines.
7.6.3 SIDE SLOPES
Typical slopes for embaiilcments should be 3:1 or flatter. The steepest slope for
embankment or excavation shall be 2:1. Refer to Chapter 5 for additional
requirements.
On shouldered streets, a minimum space of 5 feet shall be provided between the catch
point of the side slope and the right-of-way line for the installation of utiliTy poles,
fences, sloped rounding, etc. Depending on site conditions, this may require
additional right-of-way, retaining walls, or other requirements. The ma�cunum slope
of this space shall be 3:1.
Slope easements shall be granted to the City when required by terrain or design
features.
7.6.4 CLEAR ZONE
Cleaz zone is defined as a relatively flat azea void of fixed objects or obstructions
beyond the edge of the traveled way that allows drivers to stop safely or regain
control of a vehicle that leaves the traveled way. This azea may oonsist of a shoulder,
a recoverable slope, a non-recoverable slope, and/or a clean run-out area. The desired
minimum width is dependent upon traffic volumes, traffic speeds, side slopes, and the
street geometry.
A recoverable slope is a slope on which a motorist may retain or regain control of a
vehicle by slowing or stopping. Slopes flatter than 4:1 are generally considered
recoverable.
A non-recoverable slope is considered to be traversable but on which an enant
vehicle continues to bottom. Embaukment slopes between 3:1 and 4:1 may be
considered traversable but non-recoverable if they aze smooth and free of fixed
objects.
A clear run-out area is the area at the top of a non-recoverable slope available for safe
use by an errant vehicle. Slopes steeper than 3:1 aze not considered traversable and
aze not considered part of the cleaz zone.
For streets with Type B or Type A curb, the following is required:
• Sidewalk adjacent to the curb - Rigid objects shall be placed 2 feet behind
the sidewalk;
• Senazated sidewalk - Rigid objects shall be no closer than 2 feet from the
back of the curb;
• No sidewalk - Rigid objects shall be no closer than 2 feet from the back of
the curb;
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o Sneed limit 40 mph or less - The cleaz zone distance is 2 feet behind the
back of the curb.
Far all other pavement edges and design speeds, clear zone requirements per
AASHTO's "A Policy on Geometric Design ofHighways and Streets" shall be used.
7.6.5 SIGHT DISTANCE
Sight distance is defined as the length of roadway that is entirely visible to the driver.
All roads, intersections, and access points shall be designed to provide adequate sight
distance for all normal driving situations and aze required to conform to AASHTO's
"A Policy on Geometric Design ofHighways and Streets, " latest edition.
Stopping sight distance shall be calculated for vehicle crest curves and horizontal
curves. The stopping sight distance sha11 not be less than the distances specified in
Table 7.6. These values should be adjusted for grades 3 percent or greater, more
than 2 lanes, skewed intersections, intersections neaz vertical or horizontal curves, or
for design vehicles other than passenger car.
TABLE 7.6 MINIMUM STOPPING SIGHT DISTANCE
Design Speed Stopping Sight
m h) Distance feet)
20 115
25 155
30 200
35 250
40 305
50 425
55 495
Table 7.7 specifies the required sight distance for differenttypes of intersections and
approaches. These values shall be adjusted for grades with slopes of 3 percent or
greater, number of lanes greater than two, for design vehicles other than passenger
cazs, using the procedures in the AASHTO design guidelines. For intersections or
approaches located near horizontal or vertical curves, the City may require the 85th-
percentile speed be used in the sight distance analysis. The 85th percentile speed is
the speed at or below which 85 percent of the motorists drive on a given street
unaffected by slower traffic or poor weather. This speed indicates the speed that most
motorists on the street consider safe and reasonable under ideal conditions.
Sight distance triangles shall be shown in the civil plans for all new intersections and
all projects with new driveway approaches. Sight distance shall be continuous. Non-
engineered driveways on local access streets are exempt from this requirement. Sight
distance triangles shall be developed by an Engineer with traffic engineering
experience developing intersection sight distance triangles.
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Fire hydrants shall be visible for 50 feet in either direction. A sight distance triangle
shall be shown at the location of each fire hydrant in the civil plans and lot plans.
The area within the sight distance triangle shall be free from any sight-obscuring
objects in accordance with AASHTO design guidelines. Sight-obscuring objects
include but are not limited to buildings, pazked vehicles, signs, fences, and
landscaping. For sight triangles in the right-of-way, only grass may be planted. The
City may remove, at the expense of the property owner, any vegetation or objects
which obstruct sight distance.
The sight distance triangle shall be located completely within an easement or right-of-
way. The property owner is responsible for removing any objects that become a sight
hazazd. If an easement is not practical, the City may require additional right-of-way
as a condition of development approval to ensure proper maintenance.
TABLE 7.7 MINIMUM INTERSECTION & APPROACH SIGHT DISTANCES
CASE THROUGH THROUGH DISTANCE FROM SIGHT
TYPE STREET TYPE STREET SPEED TRAVELWAY (FT) DISTANCE'
LIMIT (MPIn (FT)
Case A— Local access or 20 90 90
Uncontrolled lower ------------- ------------------
classification
25 115� 115
Case B— Any 25 15 3 280
Signal or --------------------- ----�------- - --
Stop 30 335
----------°---------- -�-�------- - - —
Control, 35 390
Commercial
Approach,
1. These values should be adjusted for grades 3 percent or greater, more than 2 lanes, skewed
intersections, or for design vehicles other than passenger cazs.
2. Distance back from center of intersection.
3. Use Figure 7-2. .
The following types of intersection and accesses aze covered in Table 7.7. Other
intersection types shall be analyzed using Chapter 9 of AASHTO Green Book.
• Case A can be used to analyze uncontrolled intersections which aze
intersections not controlled by a stop sign, traffic signal or yield sign.
They aze usually located on streets that carry low volumes and have a 25
mph speed limit. Figure 7-1 shows the sight distance triangle for this type
of intersection.
• Case B can be used to analyze street approaches controlled by stop signs
or a signal, commercial approaches and alleys. Figure 7-2 shows the sight
distance triangle for Case B.
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Intersection Center 115 ft
115 ft
FIGURE 7 SIGHT DISTANCE TRIANGLE FOR CASE A
Required Sight Distance
T
C
Major Street ( ) �B�
(C)
�B)
T cop
� S+
/
Point A is located at the center j
of the minor sffeet approach j points B& C aze located at the
lane 10 ft from the edge of
traveled way for driveway center of major street approach
approaches and 15 ft for stop (A� tluough lane or in the center of
controlled and signalized �e major sffeet approach if
intersections more than one lane exists
FIGURE 7-2 SIGHT DISTANCE TRIANGLE FOR CASE B
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7.7 MISCELLANEOUS FEATURES
7.7.1 STREET NAMES
The City and the Fire Department review proposed street names to conform to
established names within the County grid to expedite property identification by
emergency services. Street names shall also comply with the US Postal Services
addressing standards. Street name designations shall be as follows:
• All north-south streets shall be called Streets;
• All east-west streets shall be called Avenues;
• Streets in large subdivisions that do not have a definite directional course
shall be called Drives;
• A permanent dead-end or cul-de-sac street shall be called a Court;
e A street that lies diagonally to the east-west, north-south grid system and
is an arterial or collector street shall be called a Boulevard;
• A street that has its ingress and egress on the same street shall be called a
Circle; and,
� A private street shall be called a Lane.
7.7.2 MAILBOXES
Mailbox installation and placement shall follow AASHTO and US Postal Services
guidelines. Mailboxes should not be placed in sight triangles or in clear zones.
7.7.3 GUARDRAIL
Evaluation of embankments for guazdrail installations shall be in accordance with
Chapter 710 of the WSDOT Design Manual.
Guazdrail installations shall conform to WSDOT/APWA Plan C-I, Beam Guardrail
Type 1. End anchors shall conform to WSDOT/APWA Plan C-6, Beam Guardrail
Anchor Type 1.
7.7.4 BOLLARDS
Points of access shall be closed by a line of bollards when necessary to deny vehicle
access to an easement, tract, or trail (except for maintenance or emergency vehicles).
Bollards shall be wrapped with reflective tape. Closure shall include one or more
fixed bollards on each side of the traveled way and removable, locking bollazds
across the traveled way. Spacing shall provide one bollazd on centerline of the trail
and other bollazds at a maximum spacing of 3 feet to preclude vehicular access.
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Fire access roads shall not be blocked in this manner without the approva] of the Fire
Department. Reflective tape and safety striping shall be placed on bollards. Bollazds
shall be placed 10 feet from the paved edge of roadway.
7.7.5 ROADWAY BARRICADES
Temporary and permanent barricades shall conform to Manua! on Uniform Tra�c
Control Devices (MiJTCD). Type III barricades (see Standard Plan R-142) shall be
used at the end of a local access street terminating abruptly without cul-de-sac bulb or
on temporarily stubbed off streets. Each such barricade shall be used together with an
end-of-road mazker and signed future street extension.
7.7.6 ENTRANCE GATES
Entrance gates are not allowed on public streets. Use of entrance gates on private
streets shall be approved by the City and the Fire Department. Minimum gate
opening width is 20 feet. Proposed gates shall be cleazly shown on the street plans.
If a center island is used as part of an entrance gate feature, a minimum 14-foot wide
lane behveen face of curb and center island shall be provided. The center island shall
not extend past the end of the gate when it is fully opened.
Gated streets require a queuing area to allow vehicles to exit the connecting street
prior to the gate. The queuing length shall be a minimum of 35 feet plus the gate
width. Pazking is not allowed within the queuing azea, on either side of the street, for
a distance equal to the queuing length. Signage for the °No Pazking Zone" shall be
placed on both sides of the gate.
Gates shall be required to have a Fire Department emergency access device installed
and maintained:
o A Knox key switch shall be installed on gates that provide access to 20
lots or less; or,
e An Opticom gate activation device shall be provided for subdivisions with
more than 201ots.
7.8 APY'I20ACgi DESYGI�1 C12Y'Y'E1tYA
The following section contains design criteria for intersections and driveway approaches.
These aze minimum requirements and may be modified if traffic volumes (existing and/or
projected), topography, design speed, design vehicle requirements, drainage, and other
conditions, both existing and projected indicate a more stringent criterion is necessary.
The City may require additional provisions to ensure public safety
All access points to and from City streets, including intersections and driveways shall be
approved by the CiTy prior to construction and require an approach permit.
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7.81 APPLICABILITY
These requirements apply to all new or altered intersection and driveway approaches
to City streets.
7.8.2 ACCESS LIMITATIONS
While no property is denied access to City streets, direct street access is not
guazanteed. When direct access is demed, properties may be required to:
• Access the street via an alley;
• Shaze a single driveway approach with two or more contiguous properties;
or,
• Restrict access with a right-in/right-out approach for properties located on
arterials and with no available altemate access. Additionally, these
properties may be required to construct street improvements to preclude
left turning traffic.
Properties are restricted to one access point on arterials and two access points on local
access streets. Exceptions may be made for parcels with long frontages provided that
the minimum spacing requirements can be met, driveway volumes are expected to
exceed 100 PM peak hour trips and traffic analysis demonstrates a need for additional
driveways to address poor Level of Service (LOS) for the outbound movements.
When a property has frontage on two or more streets, and spacing requirements on
the major street cannot be met, the driveway approach shall be located on the street
with the lowest classification unless safety considerations dictate othenvise.
For a development that combine more than one underlying lot, these requirements,
including the number and spacing of access points, sha11 apply to the development as
a whole, not to each underlying lot.
For all Binding Site Plans, excluding industria] zones, shared access is required
between the lots. The shared access shall include parkine lot travel lane connections
or shared drivewav anproach. If the Applicant adequately demonstrates a site desien
or buildin� use limitation for installation of the travel lanes or shared approach on the
existin�pronertti exceptions to this requirement may be administrativelv eranted
Exceptions may be approved if:
o The City finds that the lack of shared access does not ne�atively impact the
nresent or future function and safety of the parkine lot circulation,
ineress/�ress, or roadwav network: and,
o The City finds that the lots required to share access have allowable
incompatible uses: and,
o The propert�does not have a feasible alternative site design solution.
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Driveways will not be allowed where horizontal or vertical curves prevent the
roadway from having continuous stopping sight distance or adequate intersection
sight distance to safely accommodate the movements in and out of the driveway.
7.8.3 GENERAL DESIGN
Approaches shall be constructed to avoid interference with existing drainage inlets,
culverts, lighting, utility poles, traffic regulating devices, fire hydrants, or other
facilities. The Applicant shall be responsible for the cost of relocating any of the
above. The agency holding authority for the particulaz structure shall decide how the
facility will be relocated.
If at the time of construction the fronting street does not have full width pavement ar
curb and gutter, a rural driveway approach may be used with the approach starting at
the edge of the existing pavement (see Standard Plan R-114).
Approaches shall not restrict or impound drainage flow in the street. For shouldered
streets with ditches, stormwater shall be conveyed under the driveway with a culvert.
The minimum culvert size shall be 12 inches. For curbed roads, stormwater shall be
conveyed using a culvert and Standazd Plan R-ll0 or an inverted approach per
Standard Plan R-111.
If an existing approach is to be altered or abandoned the unused portion of the
original approach is to be removed and replaced with curb, gutter and sidewalk
matching that which is adjacent.
Redevelopment projects shall be required to modify or eliminate any existing
driveway approach that does not conform to these standards.
7.8.4 DRIVEWAY APPROACH HORIZONTAL AND VERTICAL
GRADE
Approaches shall align perpendicular to the street. The angle of intersection to the
street shall not be less than 75 degrees. The angle may be reduced to 45 degrees for
right-in/right-out driveways where the entering and exiting lanes are sepazated by a
raised "pork chop" isiand (see Standazd Plan R-115).
The vertical grade of approaches shall not exceed 8 percent within the right-of-way
and shall be designed to preclude vehicles dragging when entering or exiting the site.
Vertical grades shall not exceed 10 percent within ten feet of the right-of-way.
7.8.5 APPROACH WIDTHS
T'he tota] approach width shall not be greater than 50 percent of total lot frontage
width.
When approaches are constructed different than that shown on the construction plans,
the design engineer shall verify that any affected street and stormwater facilities will
still meet the design goals. If the facilities aze inadequate, measures shall be taken to
bring the facilities into compliance prior to their acceptance.
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7.8.5.1 Single Family Residential
Single Family Driveway approach shall be per Standard Plans R-110 through R-112.
7.8.5.2 Residential Private Streets
Approach for private streets shall match the required pavement width and shall be per
Standazd Plans R-110 and R-112.
7.8.5.3 CommerciaUlndustrial
Commercial/industrial driveway approaches shall be per Standazd Plans R-110
through R-112.
High volume driveway approaches (Standard Plan R-113) may be required or
permitted when all of the following conditions aze present:
e The access is located along an arterial;
o Access volumes indicate a need for a radii curb return where the ADT
exceeds 500 or where speed change lanes would be required;
o The access is designed to restrict turning movements, requiring the
installation of an access island or center median;
o The roadway has no curb and gutter;
• The access serves an industrial property, or provides for commercial
deliveries, where large truck movements aze required; and,
� A traffic engineering analysis submitted by the applicant determines that a
radii access is necessary to ensure adequate traffic safety and operation.
7.8.6 DRIVEWAY APPROACH ON-SITE LAYOUT
Approaches shall provide access to an off-street parking area located on private
property. The driveway shall be of sufficient length so a vehicle in the driveway does
not project into the right-of-way, sidewalk, or pathway. Approaches and on-site
pazking shall be designed such that vehicle-backing maneuvers will not occur into the
street/public right-of-way, impede pedestrian access to sidewaik or vehicles in the
public street. Driveway approaches shall be designed to allow the largest typical
vehicle using the approach (i.e. tractor trailers at lazge warehouses, delivery trucks at
mini marts, etc.) to enter and exit the site without encroaching into opposing traffic.
Whenever possible, the site should be designed for counterclockwise circulation of
lazge trucks as left tums and left-hand backing maneuvers are easier and safer since
the driver's position is on the left hand of the vehicle. All pazking, loading and
maneuvering of trucks shali be conducted on private property.
7.8.6.1 Driveway Stacking Length for Multi-use Properties
Driveway stacking length for multi-use properties is the distance between the right-
of-way and the neaz side of the fust intersecting interior aisle or pazking space. The
driveway stacking length for multi-use properties shall be as follows:
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• 20 feet for pazking lots with less than 50 spaces;
• 50 feet for parking lots with up to 200 spaces; and,
• 80 feet for pazking lots with over 200 spaces.
7.8.6.2 Driveway Stacking Length for Single-use Properties
Driveway stacking length for single-use properties is the distance between the right-
of-way and the proposed uses. The minimum length for driveway stacking for drive-
thru windows shall be as follows:
• 150 feet for drive-in banks and drive-thru restaurants;
• 50 feet for automated tellers (ATM) and drive-in cleaners and repair
services;
• 75 feet for automated car wash and espresso stands; and,
• 100 feet for controlled access pazking.
The City may require a traffic study to determine the stacking and queuing
requirements for such uses that include, but aze not limited to, service stations, drive-
thru restaurants, drive-in banking, etc.
The City may require sites with internal traffic congestion to design approaches with
long throat lengths to provide extra storage to avoid impacting City streets.
7.8.7 CORNER CLEARANCE FROM INTERSECTIONS
The following sections provide minimum corner cleazances. Greater corner
clearances may be required at the discretion of the City based on existing or proposed
conditions at the intersection. In general, full access driveways aze not allowed
within the functional intersection boundary, which can be minimally defined by the
length of the turn pockets, but may extend further from the intersection
Where the driveway location does not meet minimum City criteria, or where a safe
driveway location cannot be found, the City requires appropriate mitigation measures
to provide for as safe a driveway as feasible.
7.8.7.1 Single Family Residential
Residential driveway approaches may not be located closer than 15 feet from the
point of curvature of a curb return.
7.8.7.2 CommerciaUlndustrial
Commercial driveway approaches may not be located closer than 75 feet from the
point of curvature of a curb retum.
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7.8.8 DRIVEWAY APPROACH SPACING - SAME SIDE OF STREET
Table 7.8 provides the minimum distance allowed between the centerlines of adjacent
driveway approaches. The distance is measured from centerline to centerline of each
approach.
TABLE 7.8 - DRIVEWAY APPROACH SPACING
STREET DESIRABLE LIMITING
CLASSIFICATION CONDITIONS CONDITIONS
SEPARATION (FT) SEPARATION (FT)
Collector 70 50
Minor Arterial 90 60
Principal Arterial 120 80
Desirable Conditions shall be applied when sufficient space or street frontage is
available. If sufficient space or street frontage for desirable conditions is not
available, then lesser distances, down to, but not less than the requirement for limiting
conditions, may be applied.
7.8.9 DRIVEWAY APPROACH METHODS OF MEASUREMENTS
Driveway throat width is measured perpendicular to the centerline of the driveway
between lines defined by the radii, whether or not that occurs inside the property lines
and is physically mazked with curbing.
Driveway throat length is measured along the centerline of the driveway from the
back edge of the driveway apron and the neazest vehicle aisle or circulation road.
Dimensions in this section refer to distances from (or along) face of curb. In the
absence of a curb, the measurement is considered to be from (or along) the edge of
pavement.
Driveway angles aze measured between the driveway centerline and centerline of the
roadway.
7.8.10 RESTRICTED ACCESS DRIVEWAYS
Restricted access approaches do not allow left-hand turns out of or into the driveway
approach. Development or redevelopment of properties, where the required setback
from an intersection cannot be achieved in any direction and without other ways to
access the site, may be required to use a restricted access driveway. In some cases a
raised median may be required down the street centerline.
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Restricted access approaches shall only be allowed when approved by the City. The
existence of other approaches in the vicinity that do not meet standards is not grounds
for allowing further substandard approaches.
7.8.11 ALIGNMENT OF CROSS-STREET DRIVEWAY APPROACHES
Driveways should be placed directly opposite from each other whenever possible. If
this is not possible and adequate left-turn storage capacity is not available in advance
of each driveway, combining of driveways on the same side of the street may be
required.
The requirement above shall not apply if the street to be accessed has a permanent
median and/or traffic control device that prevents any cross-street movement of
traffic or if the City determines that adhering to said requirement would be unsafe.
7.8.12 SIGNALIZED DRIVEWAY APPROACHES
If the Traffic Impact Analysis deternunes that there is or will be a need to signalize
proposed access points, then proposed access points shall be aligned directly opposite
any existing or proposed access points or T-intersection across the street.
Where driveways aze to be signalized, a minimtun spacing of 1,320 feet to any other
signalized intersection should be maintained or shall be spaced as approved by the
City. Roundabouts may be considered as an alternative option by the City.
7.8:13 APPROACHES ON STATE HIGHWAYS
This section contains specific access standazds for state highways within the City
limits, which aze classified as managed access facilities. Managed access is based on
the premise that access rights of a property owner are subordinate to the publid s right
and interest in a safe and efficient highway system.
In accordance with Chapter 47.50 RCW, the City adopts by reference, the provisions
of Chapter 468-52 WAC, together with all future amendments, in order to regulate
and control vehiculaz access and connection points of ingress to and egress from, the
State Highway System within the incorporated azeas of the City of Spokane Valley.
State routes (SR) within the City include SR-27 and SR-290. The current access
classifications for SR-27 and SR-290 are shown in Table 7.9.
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TABLE 7.9 STATE ROUTES CLASSIFICATIONS
STATE BEGINNING ENDING APPROXIMATE CURRENT
ROUTE MILEPOST MILEPOST LOCATION ACCESS
CLASSIFICATION
27 83.14 84.61 14TH TO CITY M2
LIMITS
27 84.61 86.49 14 TO �NORA MS
27 86.72 87.70 MONTGOMERY MS
TO 290
290 431 635 FANCHER TO MS
ARGONNE
290 635 10.29 ARGONNE TO M4
PROGRESS
290 10.29 12.84 PROGRESS TO M2
CITY LIMITS
7.9 TRAFFIC CALMING
Traffic calming devices improve neighborhood livability by reducing the speed and
impact of vehiculaz traffic on residential streets.
7.9.1 NEW DEVELOPMENT
The internal local access street layout shall be designed as to discourage through high
speed traffic or shall incorporate traffic calming devices in the design. The Applicant
may utilize one or more of the tr�c calming devices. Proposed devices shall be
reviewed and approved by the City at the time of preliminary design review.
Traffic calming devices shall be installed at the expense of the Applicant.
7.9.2 EXISTING DEVELOPMENT
Traffic calming devices aze not allowed on arterials. On collectors and local access
streets, Vaffic calming devices aze only allowed when warranted by an engineering
study and approved by the City.
The installation of devices shall be neighborhood funded.
7.9.3 TRAFFIC CALMING DEVICES
Cunently the only traffic calming device allowed by the City is the Traffic Circle (see
Standazd Plan T-101). Alternative devices recommended by the Applicant's
Engineer may be permitted with City approval.
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TffiS PAGE IS INTENTIONALLY LEFT BLANK
Ocrober 2009 Chapter 7— Stree[ Elements
7•30
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
8.6.5 In-place mainline asphalt compaction Test Requirements ......................................... 7
8.6.6 Cold Joint Requirements ............................................................................................. 7
8.6.7 Longitudinal and Transverse Joint Requirements ....................................................... 8
8.6.8 Tack Coats — Preparation of Existing Surfaces ........................................................... 8
8.6.9 Cover Asphalt Loads During Transport ...................................................................... 8
8.610 Breakdown Rolling Masimum Temperature Loss ................................................. 8
8.6.11 Asphalt Temperature Placement Requirements ...................................................... 9
8.6.12 Paving Dates & Weather Limitations ..................................................................... 9
List of Tables
Table 8.1 — Equivalent Single Ax]e Loads ..................................................................................... 3
Table 8.2 — Initial and Terminal Serviceability Indexes ................................................................. 4
Table 83 — Structural Layer Coefficients ....................................................................................... 4
Table 8.4 — Recommended Drainage Coefficients ......................................................................... 5
Table — Moduli Ratio ................................................................................................................ 5
Table — Performance Grade ...................................................................................................... 7
Table 8.7 — Recommended Minimum Laydown Temperature ....................................................... 9
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8.1 INTRODUCTION
This chapter provides the minimum requirement for the design of pavement sections for
travelways within the City. The use of these design criteria will ensure that paved
transportation corridors aze improved in a uniform and consistent manner.
The requirements presented in this chapter have been established to minimize structural
failures in streets due to traffic loadings and/or existing soils conditions.
8.2 STREET CLASSIFICATION
All public streets in the City have been classified using the Federal Functional
Classification system, which provides a hierarchy from principal arterials to local access
streets, to accommodate existing and anticipated traffic. Street classifications can be
found in the City of Spokane Valley Comprehensive Plan.
A streeYs classification is used to determine the volume and mix of vehicles for which it
is designed. In cases where a street has yet to be designated a specific classification, the
anticipated traffic volume should be used.
If available, the City may provide the anticipated daily traffic for a street. However, the
Applicant may be required to obtain additional traffic information.
8.3 STREET PAVEMENT AND SUBGRADE
8.3.1 TRAVELWAYS IN RESIDENTIAL ZONES
The requirements of this section apply to local access streets, private streets, alleys,
and private driveways located in residential zones.
For the purpose of pavement design, the engineering characteristics of the subgrade
soil shall be determined through laboratory testing. Laboratory testing "consisting of
Califomia Bearing Ratio (CBR) testing, Resilient Modulus (M�) testing or Resistance
Value (R-value) testing may be used to chazacterize the subgrade soil supporting
capability.
A minimum street section of 3 inches of hot mix asphalt (HMA) over 6 inches of
properly placed and compacted crushed rock is required for local access streets,
private streets, and alleys regazdless of native soils. A muumum pavement section of
2 inches of HMA over 6 inches of crushed rock is required for private driveways.
A soils investigation is required for all projects. The minimum pavement section
cannot be used for sites with poor subgrade soils, which are soils that meet any of the
criteria below:
o Have CBR less than 3;
o Have R-values less than 20;
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• Have M� values less than 3,000 psi; or,
� Are classified as MH, CL, CH, OL or peat in accordance with the Unified
Soil Classification System.
When results of laboratory testing indicate that poor subgrade soils aze present, an
engineered pavement design is required. Subsurface explorations (borings/test pits)
aze required for each travelway to demonstrate the subgrade soils meet the criteria
above. Exploration should extend to a depth of at least 5 feet below proposed
pavement subgrade.
8.3.2 TRAVELWAYS IN NON-RESIDENTIAL ZONES
Engineered pavement design is required for commercial local access streets,
commercial alleys, collector arterials, and arterials. The resilient modulus value can
be acquired using the following methods:
• M testine: Soil samples shall be obtained and sent to a private lab for
testing. The proposed street shall have a minimum of one laboratory test
for every 1,000 feet of street and/or for every obvious change in subgrade
material,(minimum of 3 tests per street).
• CBR testin¢ or R-value testine: Soil samples shall be obtained and sent to
a private lab for testing. The proposed street shall have a minimum of 1
laboratory test for every 1,000 feet of street and/or for every obvious
change in subgrade material (minimum of 3 tests per street). A
geotechnicai engineer shall be retained to provide recommendations for
correlations between CBR or R-value results and M� values.
• In-situ testin�g a non-destructive deflection test method: The
Applicant shall obtain approval from the City for the type of non-
destructive deflection test method proposed, before conducting the testing.
For non-destructive deflection testing, a statistical analysis is needed. The
results shall be reported by street stationing. Test results shall include a
graph of the resilient modulus values vs. street stationing. The graph shall
be included in the pavement design report.
A minimum street section of 4 inches of HMA over 6 inches of properly placed and
compacted crushed rock is required regardless of the pavement design results in
accordance with Section 8.4.
8.3.3 SUBGRADE PREPARATION
Priar to placing any street base material, the subgrade shall be rolled and compacted
to a minimum of 95 percent of the maacimum dry density as deternrined by ASTM D-
1557 (Modified Proctor). This degree of compaction shall extend to a depth of at
least 1 foot below pavement subgrade elevation in cut azeas. The fill azeas shall be
compacted to at least 95 percent of the maximum dry density based on ASTM D1557
and WSDOT Standazd Specification 2-03.3(14)C Compacting Earth Embankments,
Method C. Fill placed more than 2 feet below pavement subgrade elevation shall be
compacted to at least 95 percent of the maximum dry density based on ASTM D1557.
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Any street section which cannot be compacted to the degree specified above shall be
removed to a depth of 2 feet or to a depth where the pumping ceases, or as directed by
the Onsite Inspector, and replaced with granulaz imported material that can be
compacted to at least 95 percent of the maximum density as determined by ASTM D-
1557, or as directed by the Onsite Inspector.
Prior to placing any sub-base or base materials, geo-textile fabric on the subgrade
may be required if the existing subgrade is a fine-grained soil (ML, CL, MH, or CI�.
The geotextile fabric shall meet the criteria in Section 9.33 for "Sepazation" of the
most current version of the WSDOT Standard Specifications. If the material is
unsuitable, the soil shall be excavated below grade and compacted per WSDOT
Standard Specification 2-03.3(3) and 2-03.3(14) Method C.
8.4 ENGINE�RED PAVEMENT PARAMETERS
Engineered pavement designs sha11 be in accordance with the 1993 AASHTO Guide for
Design of Pavement Structures for flexible pavements and the following criteria:
8.4.1 TRAFFIC PARAMETERS
The existing traffic levels shall be increased to match the projected traffic at the end
of the street design life. The minimum design life shall be 20-years. The growth rate
is 1.5 percent for residential streets and 3.5 percent for commerciallindustrial streets
and arterial streets. The 1.5 percent growth rate may be waived in closed subdivisions
with City approval. This growth rate shall only be used for pavement design
purposes and shall not be used for traffic analyses.
The engineer shall submit Equivalent Single-Axle Loads (ESALs) calculations. The
truck factors found in Table 8.1 may be used in the absence of other information.
TABLE 8.1— EQUIVALENT SINGLE AXLE LOADS
VEHICLE TYPE TRUCK FACTOR
(ESALs/VEHICLE)
School Bus 2.87
STA Bus 2.57
Refuse Truck 1.03
All other trucks (averaged) 0.42
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8.4.2 RELIABILITY LEVEL
The reliability level (R) for residential streets and local non-residential streets is 75
percent. For all other street classifications, the reliability level is 90 percent.
8.4.3 OVERALL STANDARD DEVIATION
The overall standard deviation (S) is 0.45 for new construction and 0.49 for overlay
projects.
8.4.4 INITIAL AND TERMINAL SERVICEABILITY INDEXES
The initial and terminal serviceability indexes shall be per Table 8.2.
TABLE 8.2 — INITIAL AND TERMINAL SERVICEABILITY INDEXES
STREET CLASSIFICATION PSI INITIAL) PSI(TERMINAL
Private streets, alleys, access street, 4.2 2.00
residential streets & local non-residential
Collector and minor arterials 4.2 2.25
Princi al arterials 4.2 2.50
8.4.5 STRUCTURAL LAYER COEFFICIENTS
Structural Layer Coefficients (aj) for new material shall be in accordance with Table
8.3.
TABLE 8.3 — STRUCTURAL LAYER COEFFICIENTS
MATERIAL STRUCTURAL
COEFFICIENT
HMA 0.42
Crushed rock 0.14
Gravel base 010
8.4.6 DRAINAGE LAYER COEFFICIENTS
Drainage coefficients (m;) for crushed rock and grave] base shall be in accordance
with Table 8.4. This coefficient is used to modify the structural layer coefficients of
untreated base and subbasin materials in flexible pavements. If lunited information is
available regazding drainage conditions, a value of 0.95 may be used.
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TABLE 8.4 — RECOMMENDED DRAINAGE COEFFICIENTS
PERCENT OF TIME PAVEMENT STRUCTURE IS EXPOSED TO
MOISTURE LEVELS APPROACHING SATURATION
Quality of Less Than Greater Than
Draina e 1% 1-5% 5-25% 25%
Excellent 1.40-135 135-1.30 130-1.20 1.20
Good 135-1.25 1.25-1.15 1.15-1.00 1.00
Fair 1.25-1.15 1.15-1.05 1.00-0.80 0.80
Poor 1.15-1.05 1.05-0.80 0.80-0.60 0.60
Ve Poor 1.05-0.95 0.95-0.75 0.75-0.40 0.40
8.4.7 SUBGRADE EVALUATION
Prior to designing the pavement thickness, the subgrade soil shall be evaluated in
accordance with Section 83.2 to establish a design M� value. The following moduli
ratios (ratio of seasonal moduli to "summer" module) found in Table 8.5 can be used
to determine the effective roadbed (subgrade) resilient modulus value (MReff):
TABLE 8.5 — MODULI RATIO
SAMPLE COLLECTION PERIOD MODULI RATIO
Winter Janu 1.00
Winter & S rin ebru throu h Ma 0.85
Smnmer June through Se tember 1.00
Fall October through December 0.90
8.5 REPORT SUBMITTAI.
The Applicant shall submit a geotechnical report for all sites. The report shall be
prepared and stamped by an Engineer and with experience in geotechnical engineering.
The report shall include, as applicable:
• Narrative of the site conditions and soils;
o Recommended pavement section;
• Site plan showing soil sample locations;
• Field data; including boring or test pit logs;
• Laboratory testing results, including discussion of CBR/modulus subgrade
conelation or R value/modulus subgrade conection; and,
• Pavement design calculations.
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8.6 MATERIALS SPECIFICATIONS
The following material requirements refer to or amend the most current version of the
WSDOT Standard Specifications.
8.6.1 GRAVEL BASE
Gravel base shall be bank run gravel, defined as naturally occurring material having
chazacteristics such that when compacted in place on the street, it provides a course
having greater supporting value than the subgrade on which it is placed. It shall be in
accordance with Section 9-03.10 of the WSDOT Standard Specifications.
8.6.2 CRUSHED ROCK
Crushed rock used shall fall under the following two classifications:
� Crushed Surfacing Top Course (CSTC)
o Crushed Surfacing Base Course (CSBC)
CSTC and CSBC shall be in accordance with Section 9-039(3) of the WSDOT
Standard Specifications including the following modification:
The crushed aggregate portion which is retained on the No. 4 sieve shall contain not
more than 15 percent, by weight, of flat or elongated pieces as defined in ASTM D
693. The crushed aggregate shall have at least 90 percent by weight of particles with
at least one fractured face. The area of each face shall be equal to at least 75 percent
of the smallest mid-section area of the piece.
8.6.3 ASPHALT OR CONCRETE TREATED BASE
When compaction soils type or moisture content precludes proper compaction,
asphalt treated base (ATB) or concrete treated base (CTB) should be utilized.
8.6.4 HOT MIX ASPHALT
Hot mix asphalt shall be in accordance with the current edition of the WSDOT
Standard Specifications. Pavement design calculations shall be performed by an
Engineer experienced with performance grade oils and pavement design calculations.
Asphalt used in City street construction shall use performance grade asphalt binders,
in accordance with AASHTO Designation MP-1. The minimum base binder used
shall be PG-64-28. Required base binders based on street type and condition are
provided in Table 8.6.
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TABLE 8.6 — PERFORMANCE GRADE
STREET CLASSIFICATION PERFORMANCE GRADE
Local Access, private streets, and alleys 64-28
Collectors and arterials 70-28
Aggregate for use in hot mix asphalt shall be Class 1/2—inch in accordance with
Section 9-03.8(1) of the WSDOT Standard Specif:cations.
Tl... .......l...lt «. . .7e..:.... ..1...1i 1.... « �...1 .....1/..« .. .e.7 1... „ ..v.4;F.oa 4ocii.... I..L. ..
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8.6.5 IN-PLACE MAINLINE ASPHALT COMPACTION TEST
REQUIREMENTS
n tt :..t.,.,� .,.,.«.. ,.w..tt ...,,,,. .w,. « ,.F m s.. o� ., o„r J..,..,.,o s�,... .. a ..........:..�a
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. A lot consists of 5 random
individual tests. Minimum density testing requirements aze 1 lot per 400 tons of
HMA or 1 lot per day, whichever results in the �s greater number of lots. A lot shall
be rejected if anv of the followin� occurs:
o The average compaction of the lot is less than 92 percent of maximum
density. as determined bv WSDOT FOP for AASHTO T166 and T209: or;
• Any individual compaction test in the lot is less than 91 percent or higher
than 96 percent of the maximum densitv. as determined bv WSDOT FOP
for AASHTO T166 and T209. �^^w'�a'^'a•'^' `�°` ��" ``^^`^ °^'''°'^"
5�'��ircrnv�ft EBH3pisE�kB^ ^n--vr-n�i--�iE&.�-ii�2fe2i�. ^ "�rv�ca�mg°""^�'^^-v^�a�
Additional testing requirements shall be per Appendix 9-A.
8.6.6 COLD JOINT REQUIREMENTS
Section 5-04.3(10)B of the WSDOT Standazd Specifications for Road, Bridge, and
Municipal Construction, 2008 edition is supplemented with the following:
Extreme care shall be exercised in the construction of cold joints to insure that the •
joint is properly tacked with a uniform and heavy coating of an approved tacking
agent that the placement of HMA adjacent to the cold joint is properly raked and that
the adjacent hot mix is rolled and compacted in such a manner so as to completely
sea] the joint. The formation of all joints shall be made in such a manner as to enswe
a continuous bond behveen the courses and obtain the required density. All joints
shall be the same texture as other sections of the course and meet the requirements for
smoothness and grade.
If in the opuuon of the City, the cold joint has not been properly constructed the joint
shall be sealed with a joint compound sealant as per AASHTO M 324, at the
Contractor's own expense.
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8.6.7 LONGITUDINAL AND TRANSVERSE JOINT REQUIREMENTS
Section 5-043(12) Joints of the WSDOT Standazd Specifications for Road, Bridge,
and Municipal Construction, 2008 edition is supplemented with the following:
The formation of all joints shall be made in such a manner as to ensure a continuous
bond between the courses and obtain the required density. All joints shall be the
same texture as other sections of the course and meet the requirements for
smoothness and grade.
When paving occurs on an arterial street within the City of Spokane Valley, cold
joints will be limited to the centerline of the roadway and shall be constructed oer
Standard Plan R-127-Step Wed�gihidinal Cold Joint. A paving plan shall be
submitted, to Public Works, detailing how the work is to be accomplished. Where
I possible the Contractor is required to use �e-multiple pavers in order to reduce or
eliminate longitudinal joints.
8.6.8 TACK COATS — PREPARATION OF EXISTING SURFACES
Section 5-04.3(5)A, paragraph 2 of the WSDOT Standard Specifications for Road,
Bridge, and Municipal Construction is hereby amended as follows:
A tack coat of asphalt shall be applied to all paved surfaces on which any course of
HMA is to be placed or abutted. Tack coat shall be uniformly applied to cover the
existing pavement with a thin film of residual asphalt free of streaks and bare spots.
The application rate shall be 0.02 to 0.08 gallons of retained asphalt per squaze yazd.
If the tack coat has been diluted with water, as allowed in this section, then the
application rate must be adjusted in order to achieve the retained amount of asphalt
required. A heavy application of tack coat will be applied to all joints. Thin lifrs of
pavement require heavier applications of tack coat to prevent raveling, spalling and
delamination. As a guide, existing surfaces that aze coarse, dry or milled require a
higher application rate of tack coat than surfaces that appeaz rich or bleeding. For
streets open to traffic, the application of tack coat shall be limited to surfaces that will
be paved during the same working shifr. The spreading equipment shall be equipped
with a thermometer to indicate the temperature of the tack coat material.
8.6.9 COVER ASPHALT LOADS DURING TRANSPORT
Tarpaulin material shall be used to cover asphalt loads during transport from plant to
project_for all projects when the ambient air temperature is 50 degrees Fahrenheit or
less.
8.6.10 BREAI�OWN ROLLING l�'IAXIMUM TEMPERATURE LOSS
Breakdown rolling shall occur before 20° F or greater temperature loss of the mix
from the point of laydown. Temperature for basis shall be that observed and recorded
in the transport vehicle at time of dischazge to the paver.
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8.6.11 ASPHALT TEMPERATURE PLACEMENT REQUIREMENTS
Table 8.7 shows the minimum laydown temperatures and rolling times. Vibratorv
Ecompaction shall not be used ^�����'�°'�°a'�°°�-° afrer the asphalt mat cools below
175°F. T'he rolling pattem shall be established in conjunction with asphalt density
I testing.
TABLE 8.7 RECOMMENDED MINIMUM LAYDOWN TEMPERATURE
MAT THICKNESS (INCHES)
Base Temp, %2 '/< 1 1'/2 2 >3
F
40-50 310 300 285 275
50-60 310 300 295 280 270
60-70 310 300 290 285 275 265
70-80 300 290 285 280 270 265
80-90 290 285 275 270 265 260
< 90 280 275 270 265 260 255
Rolling 4 6 8 12 15 15
Time
(min)
1. Reference is Table 6-4 from the National Center for Asphalt Technologies, Hot Mix Asphalt,
Mixhve Design and Construction.
2. Time available between recommended laydown temperature and cessation temperature (175 °F)
when attempts to compact the mat should cease.
3. These compaction temperatures are estimates and will vary with difFerent asphalt cements and
aggregates. For thin mats, the time available for rolling is short. For example, a'/.- mm inch mat
placed at the recommended minimum laydown temperahve has only 6 minutes to be compacted to
achieve [he tazget density. The roller speeds cannot be increased significantly without adversely
affecting density; hence, additional rollers may be required when paving at low temperatures.
8.6.12 PAVING DATES & WEATHER LIMITATIONS
WSDOT Section 5-043(16) Weather Limitations is amended as follows:
• HMA shall not be placed on any traveled way between October lst and
April lst without written approval from the City.
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THIS PAGE IS INTENTIALLY LEFT BLANK
November zoo9 Chap[er 8 Pavemeni Design
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CHAPTER 9 — INSPE�TION &
CERTIFICATION
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Chapter Organization
9 .1 Introduction ..................................................................................................................... 1
9 .2 Applicability ................................................................................................................... 1
9 .3 Authority To Stop Work ................................................................................................. 1
9 .4 Responsibilities ...............................................................................................................2
9.4.1 Development Inspector ............................................................................................... 2
9.4.2 Onsite Inspector .......................................................................................................... 2
9 .43 Applicant's Engineer .................................................................................................. 2
9 .4.4 Contractor ................................................................................................................... 3
9 .5 Right-Of-WayPermits ....................................................................................................3
9.6 Pre-Construction Meeting ............................................................................................... 3
9.7 Construction Notification ................................................................................................ 4
9.7.1 Notices Of Upcoming Construction ............................................................................ 4
9.7.2 Notices Of Utility Shutdown And Access Limitations ............................................... 5
9.73 Notices For Inspection ................................................................................................ 6
9 .8 Field And Lab Testing .................................................................................................... 6
9 .8.1 Reporting .................................................................................................:...................6
9.8.2 Minimum Material Testing Frequencies ..................................................................... 6
9.83 Field Testing And Lab Requirements ......................................................................... 6
9 .9 Required Inspections ....................................................................................................... 7
9.9.1 Erosion And Sediment Inspections ......................................................................:...... 7
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9.9.2 Utility Inspections .....................:................................................................................. 7
9.93 HMA Inspections ........................................................................................................ 7
9.9.4 Drainage Struchue Inspections ................................................................................... 7
9.9.5 Drainage Swale And Drainage Facilities Inspections ................................................. 8
9.9.6 Swale Inspection During Wananty Period ................................................................. 8
9.10 Miscellaneous ................................................................................................................. 9
9.10.1 Changes During Construction ..................................................................................... 9
9.10.2 Construction Complaints ............................................................................................ 9
9.10.3 Conflict Resolution ............................:........................................................................ 9
9.11 Final Walk-Through ........................................................................................................ 9
9.12 Record Drawings .......................................................................................................... 10
9.13 Project Certification ...................................................................................................... 10
9.13.1 Certification Of Drainage Facilities .......................................................................... 11
9.14 Performance Surety ....................................................................................................... 11
9.14.1 Building Permit ......................................................................................................... 11
9.14.2 Short Plats, Long Plats And Binding Site Plans ....................................................... 12
9.14.3 Performance Surety Amount ..................................................................................... 12
9.14.4 Acceptable Sureties ................................................................................................... 12
9.14.5 Performance Surety Release ..................................................................................... 12
9.15 Warranty Surety ............................................................................................................ 13
9.15.1 Warranty Surety Amount .......................................................................................... 13
9.15.2 Acceptable Sureties ................................................................................................... 13
9.153 WarrantyDuration ....................................................................................................13
9.15.4 Time Frames To Complete Repair ............................................................................ 13
9.15.5 Failure To Complete Repair ...................................................................................... 14
9.15.6 Responsibility For Maintenance ............................................................................... 14
9.16 Street EstablisYunent ...................................................................................................... 14
List of Figures
Figure9-1 Typical Sign ............................................................................................................... 5
List of Tables
Table 9.1 Required Sign Information ...............................................................................:........ 5
List of Appendices
Appendix 9A - Minimum Material Testing Frequencies .......................................................... 16
Appendix 9B - Final Certification Checklist - Sample ............................................................. 17
Appendix 9C - Examples of Sureties ........................................................................................ 18
Appendix 9D - Erosion and Sediment Control Log .................................................................. 25
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9.1 INTRODUCTION
Inspection oversight is required for the construction of all public and private streets,
alleys, driveways, and utility improvements. Water and sewer construction shall also be
monitored by the system purveyor and/or agency of system ownership.
The City of Spokane Valley's construction certification process is based on the project
construction certification procedures found in the Project Construction Certification
Procedures for Spokane Counry Road, Drainage, and Sewer Projects, dated April 2002.
Spokane County Department of Public Works and the American Council of Engineering
Companies of Washington (a subcommittee named the Spokane County Construction
Certification Committee) developed that document.
9.2 APPLICABILITY
The following projects require construction certification:
o New construction of public streets;
o New construction of private streets;
o New construction of engineered driveways;
• Frontage improvements on public streets, including pavement widening, curb and
gutter, sidewalk, and drainage improvements; and,
o The swales and drywells for commercial projects.
9.3 AU'THORITY TO STOP WORK
The Development Inspector has the authority to stop work when any of the following
situations exists:
o The Contractor is working without a valid permit;
o The Contractor is executing work not included in the approved plans;
e Required inspections and tests are not being performed;
o Test results do not meet required specifications; and,
• Construction activities have the potential to adversely impact public or private
property or human life.
9.4 RESPONSIBILITIES
9.4.1 DEVELOPMENT INSPECTOR
The Development Inspector is a full time City employee and is responsible for:
October 2009 9-1 Chapter 9- Inspection & CeRification
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• Coordinating with and reviewing submittals from the Onsite Inspector(s);
� Performing development walk-through on private and public streets for
acceptance and surety reductions;
� Reviewing and accepting certification packages. A project certification
�vill not be accepted if required frequencies for testing aze not met or test
results do not meet specifications;
o Reviewing quantity estimates for performance and warranty sureties;
• Performing final inspections of public streets for surety release and street
establishment; and,
• Inspecting swales located in border easements and/or right-of-way for
single family dwellings and duplexes prior to issuing a certificate of
occupancy;
9.4.2 ONSITE INSPECTOR
The Applicant is required to secure the services of an Onsite Inspector for all projects
requiring certification.
The Onsite Inspector is responsible for:
• Prepazing weekly reports;
• Ensuring that plans and specifications are followed;
• Inspecting paved azeas, curb and gutter, sidewalks, approaches, drainage
improvements, and utilities within the right-of-way and border easements.
The Onsite Inspector shall be present at all times for I-IMA placement, any
trench work within the street prism, and for drywell installation;
o Coordinating required testing and frequencies (see Appendix 9A);
• Monitoring traffic control;
• Verifying fire hydrants, gates, and No Parking signs were installed at the
location shown in the plans;
a Preparing as-built drawings, and,
o Preparing the certification package.
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9.4.3 APPLICANT'S ENGINEER
The ApplicanYs Engineer is an Engineer, as defined in the Definitions, hired by the
Applicant.
The ApplicanYs Engineer provides required project modifications that occur during
the construction process, coordinating with the Contractor and obtaining City
approval when significant modifications aze required.
Conflicts azising due to concerns regazding project design or constructability, whether
surfaced by the Contractor, Onsite Inspector, or Development Inspector, shall be
addressed by the Applicant's Engineer. The method of addressing the concem shall
be confirmed by the Development Inspector with specific follow-up oversight by the
Onsite Inspector.
9.4.4 CONTRACTOR
The Contractor is responsible for:
e Attending the pre-construction meeting;
• Providing all licenses, bonds and insarance information at the pre-
construction meeting;
� Construction notification in accordance with Section 9.7;
• Having knowledge of the testing frequencies and construction items
requiring inspection (see Appendix 9A);
� Notifying the Onsite Inspector and Development Inspector, as applicable,
prior to the placement of construction items requiring inspection;
o Completing all improvements in accordance witti the approved plans; and,
� Cosecting deficiencies as identified by the Onsite Inspector, the
Development Inspector, or the applicant.
9.5 RIGHT-OF-WAY PERMITS
Right-of-way permits are required for all work in the public right-of-way. No person,
firm or corporation shall commence work or permit any other person, firm or corporation
to commence work on the construction alteration, repair or removal, cutting and/or
paving of any street, alley or other public place in the City without first obtaining a
written right-of-way construction permit and approved plans from the City.
The Applicant shall secure the services of an Onsite Inspector before securing a right-of-
way construction permit for any given project requiring certification.
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9.6 PRE-CONSTRUCTION MEETING
A pre-construction meeting is required for the following projects:
• Long plats;
• Short plats;
� Binding site plans;
• Commercial projects with frontage and/or full street improvements; and,
o Other projects which the City deems a pre-construction meeting is required.
The pre-construction meeting shall be held priar to commencing work. The purpose of
the pre-construction meeting is to discuss project concerns or issues, construction
notification requirements and certification procedures. The Applicant, ApplicanYs
Engineer, Contractor, HMA and concrete subcontractors, Development Inspector and
Onsite Inspector are required to attend this meeting. A pre-construction meeting will not
be held if the Contractor, paving and concrete subcontractors, and/or the Onsite Inspector
aze not present.
The Contractor shall bring a properly planned and coordinated project schedule to the
pre-construction meeting.
9.7 CONSTRUCTION NOTIFICATION
9.7.1 NOTICES OF UPCOMING CONSTRUCTION
Construction warning signs shall be securely posted 14 days prior to construction of
short plats, long plats, or any other project with street construction. Signs shall be
placed at all ingresses to the project azea and shall be cleazly visible from the right-of-
way. A typical sign is included in Figure 9-1. The Contractor shall notify the
Development Inspector within 72 hours of installing the sign(s).
The signs shall be posted for the duration of the project and shall conform to the
following:
• The signs shall be made of materials that are able to withstand weather for
the duration. The signs shall be maintained to remain readable from the
public right-of-way;
• The sign supports shall meet current safety standards;
• The bottom of the sign shall be 7 feet above ground;
• Lettering shall be easily readable and shall be per Table 9.1; and,
• The signs shall include the information required in Table 9.1.
On lazge or high profile projects, the Applicant shall provide the proposed project
schedule and weekly updates to the City's Public Information Officer to notify the
public of the project progress.
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FIGURE 9-1 TYPICAL SIGN
I�oad Work Next 600 Feet
Begin: May 25, 2008 —
End: Oct. 12, 200�
Work Includes: Sewer and Water Installation,
Roadway Widening and Repaving
Contractor: Dee Caterpillar, (999) 636-3333, Pave la Tierra, Inc.
Engineer: Mike Mylaz, (999) 111-2233, Pan Global Engineering
Developer: Ima Platter, (999) 555-1212, Progression Homes, LLC
Thank you for your patience.
TABLE 9.1 RE UIRED SIGN INFORMATION
INFORMATION ON SIGN MINIMUM
TEXT
HEIGHT
Road Work Next # Miles/Feet 2'/z inch
Be in: Month, Da Yeaz — End: Month, Da Year 2 inch
Work includes: New Street, Utility Installation, Pavin .. 1 inch
Contractor: Contact Name, Phone Number, Com an Name 1 inch
En ineer: Contact Name, Phone Number, Com an Name 1 inch
Develo er: Contact Name, Phone Number, Com an Name 1 inch
Thank you for your atience. 2 inch
9.7.2 NOTICES OF UTII,ITY SHUTDOWN AND ACCESS
a.dNdI'd'A�'IONS
Affected residents and businesses are to be notified at least 24 hours in advance of
when their utilities (water, electricity, etc.) wili be interrupted and/or when access
will be limited. The notification shall include the duration of the interruption.
The Contractor shall provide written notification and hand deliver the notification to
the affected residents and businesses. The.Contractor shall provide a copy of the
notification and a list of the citizens/businesses notified to the Development
Inspector. This information shall be included in the weekly reports.
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9.7.3 NOTICES FOR INSPECTION
The Contractor shall inform the Development Inspector at least 24 hours in advance
of paving operations or installation of drywells. Seventy two hours notice is required
for work performed during the weekend or on Monday. It is the responsibility of the
Contractor to coordinate with the Onsite Inspector for all required inspections and
required testing.
Development Engineering will not accept any improvements failing to meet the
minimum number of required tests or failing to meet the required test results.
9.8 FIELD AND LAB TESTING
9.8.1 REPORTING
The Onsite Inspector shall prepaze weekly project summary reports. All lab and
field-testing reports shall be included in these weekly reports and in final certification
packages. Test reports that show failing tests shall have follow-up test reports that
show passing tests for the area of failure. Onsite samples shall be used for testing.
Any nonconforming issues shall be fully recorded with subsequent documents
detailing how the issue was corrected.
9.8.2 MINIMUM MATERIAL TESTING FREQUENCIES
Material testing is required as specified in Appendix 9A. The frequency of testing
may be increased at the discretion of the Onsite Inspector or the Development
Inspector. Any known site soil special azeas of concern shall be addressed with
increased testing frequencies based on sound engineering judgment. Wet weather
conditions may also require additional testing frequencies.
The Onsite Inspector shall coordinate the number of tests, locations, etc. with an
approved materials lab. The Applicant shall be responsible for the testing and
laboratory costs.
Development Engineering will not accept any improvements failing to meet the
minimum number of required tests or failing to meet the required test results.
9.8.3 FIELD TESTING AND LAB REQUIREMENTS
A material supplier, the Applicant, or the Contractor may not perform testing for
certification purposes. Field testing shall be conducted by personnel that is
adequately trained, qualified, and certified in accordance with the applicable test
specifications. Field testing and laboratories shall have a national recognized
accreditation, for the field and lab tests performed by the firm, such as AASHTO,
Washington Association of Building Officials (WABO), American Association of
Laboratory Accreditation (A2LA), etc.
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The entity in charge of field testing and the laboratory shall submit copies of their
accreditation to the Onsite Inspector so this information can be included in the
certification package.
9.9 REQUIRED INSPECTIONS
The Onsite Inspector is required to certify the inspection of the following (See Appendix
9B for required testing frequency):
e Placement and maintenance of erosion control. A site log shall be completed for
the project;
o Embaukment placement and density control;
• Trenching backfill and density control;
� Inspection and testing during pipe installation and pipe zorie material placement
(see Section 9.81 for additional information);
� Subgrade line and grade/density control;
� HMA surfacing line and grade/density control (see Section 9.83 for additional
information);
o Installation of drainage improvements and any required testing;
o Installation of curb and gutter and material quality; and,
o Installation of sidewalks and material quality.
9.9.1 EROSION AND SEDIMENT INSPECTIONS
A site log shall be completed for the project. The site log shall include the results of
all site inspections, sampling as applicable and other records. For sites one acre or
lazger, inspections must be conducted by a Certified Erosion and Sediment Control
Lead (CESCL) (See appendix 9D).
9.9.2 UTILITY INSPECTIONS
Utility work shall be in accordance with Spokane County Interim Policy Regarding
Sewer Construction Inspections, Record Drawings & Engineer's Statement and
Spokane County Division of Utilities Protocol for Television Inspection of Sewers.
Whenever pipe installation or pipe zone material placement and compaction aze
underway, the Onsite Inspector shall observe the work on a continual basis.
9.9.3 HMA INSPECTIONS
The Onsite Inspector shall be present at all times during paving operations.
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9.9.4 DRAINAGE STRUCTURE INSPECTIONS
The Onsite Inspector shall be present at all times during the instaliation of pipe, pipe
zone material, drywells (including the geotextile and drainrock surrounding the
drywell barrel), catch basins, and other drainage structures or facilities.
9.9.5 DRAINAGE SWALE AND DRAINAGE FACILITIES
INSPECTIONS
The Onsite Inspector shall verify that the volume of each finished drainage swale
equals or exceeds the design volume of the swale at a 6-inch and 1-foot depth.
Additionally, the Onsite Inspector shall verify that there is adequate and continuous
grade from the street to the swale for the effective conveyance of runoff. If these
items aze deficient, the Onsite Inspector shall notify the Contractor and/or Applicant's
Engineer to determine a solution. Elevation sensitive aspects of installed materials,
such as drywell rims, etc., shall be verified as within normal industry tolerances (i.e.,
drywell rim elevations +/- 5/100').
At the discretion of the City, a test of the facility may be conducted to demonstrate
adequate performance. The test shall be performed in the presence of the Onsite
Inspector and Development Inspector.
All aspects of the drainage facility, including landscaping, irrigation, and
establishment of specified vegetation, shall be completed in accordance with the
accepted plans. An exception may be granted for single-family or two-family
residential subdivisions where the completion of the swales is not practical until such
time as the dwellings aze constructed. In these cases, the Applicant shall rough-grade
the swales to the required volume, install all drywells, inlets, and curb drops and other
structures in accordance with the accepted plans..
If the driveway approach width is greater than the width shown in the lot plans,
engineering calculations shall be submitted that demonstrate that treatment and
storage requirements are met.
Erosion control measures shall be implemented to protect the installed drainage
struchxres and to prevent erosion and/or failure of the swale side slopes. This
includes, but is not limited to, lining the swale with geo-fabric that can be removed I
along with accumulated silt, until the swale is final-graded and vegetated.
Completion of the landscaping, imgation, and establishment of specified vegetation
shall be required prior to issuance of the final Certificate of Occupancy or final
inspection for any associated dwelling. For single and two-family dwellings, it shall
be the responsibility of the Builder to satisfy these requirements.
Acceptance of performance sureties, in lieu of establishing the vegetation, shall be
permitted only when completion of improvements prior to final land action or
permanent Certificate of Occupancy is impractical because of cold weather not
suitable for the establishment of vegetation.
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9.9.6 SWALE INSPECTION DURING WARRANTY PERIOD
The ApplicanYs Engineer and the Development Inspector shall monitor performance
of swales during the construction and warranty periods for proper percolation.
Swales that do not percolate properly shall require corrective work or measures and
are the financial responsibility of the Applicant.
9.10 MISCELLANEOUS
9.10.1 CHANGES DURING CONSTRUCTION
Changes during construction that affect the scope of the project and/or the accepted
individual lot plans shall be submitted for review by the City. The Development
Inspector will determine if the change is significant. Minor changes do not require
City review, but shall be discussed with the Development Inspector and documented
in the daily and weekly inspection reports.
The Development Inspector shall review and approve any significant field changes to
the design plans and permits that have prior approval. Review and acceptance of any
changes to approved plans for utility, site improvements and street right-of-way work
shall require the oversight of both the utility operator as well as the Development
Inspector.
9.10.2 CONSTRUCTION COMPLAINTS
Complaints from citizens regazding the project shall be documented and shazed with
the Development Inspector and resolved by the Applicant.
On more significant or high profile projects, the City may assign a Public Information
Officer to notify the public of the project schedule and provide weekly up-dates (See
Section 9.6).
910.3 CONFLICT RESOLUTION
During the construction process, occasional differences may azise between the
ApplicanYs Engineer and/or Contractor and City staff regazding interpretation of
policies, standazds or guidance documents. When the ApplicanYs Engineer or
Contractor does not agree with an interpretation made by City staff, the ApplicanYs
Engineer may appeal to the Development Services Senior Engineer, as appropriate.
The determination by the Development Services Senior Engineer is final.
9.11 FINAL WALK-THROUGH
When requested by the Applicant, the Onsite Inspector and Contractor shall prepaze a
punch list. When the punch list items have been addressed, the Applicant shall schedule
a final walk-through with the Development Inspector.
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If no deficiencies aze found, the Onsite Inspector shall then prepare a certification
package in accordance with Section 9.13. If deficiencies are found, another final walk-
through with the Development Inspector is required. The Applicant continues to be
responsible for correction of all deficiencies until the City accepts the project unless as
noted in Section 9.14. It is suggested that the Applicant consider taking verification
photographs immediately following the final walk-through. Verification photographs can
be helpful in resolving cases of damage by third parties (utility companies, builders,
landscapers).
9.12 RECORD DRAWINGS
All construction changes shall be recorded on a set of approved plans with the original
approval stamp from the City. After the final walk-through, the Applicant's Engineer or
Onsite Inspector shall prepare record drawings for the project. Record drawings shall be
stamped and have a signed certification statement saying:
"I have reviewed the construction and to my knowledge I find it to be in conformance
with the approved plans except as noted".
Changes from the originally accepted documents shall be cleazly noted with "clouds" on
the approved plans and changes shall be noted in the revision block. Revised notes,
elevations, grades or other text shall be lined through. Clean new sheets are not desired.
Any changes to easements shall be clearly shown on the record drawings. Record
drawings shall be marked "Record Drawings."
If a change represents a deviation from the design intent or system performance in the
judgment of the ApplicanYs Engineer, then it shall be clearly shown. Spot elevations (on
swales, curb, gutter, etc.) to depict final grades should be taken and compared with the
final design. Differences shall be noted on the record drawings. Significant changes
shall be coordinated with the ApplicanYs Engineer. Elements of the plans that were not
built shall have a design change acceptance from the City prior to final inspection and
. submittal of record drawings.
9.13 PROJECT CERTIFICATION
The Onsite Inspector shall prepare a certification package for the project. The package
shall include
a Certification letter from Engineer with stamp;
o Weekly reports;
• Material test reports;
e A sununazy of the test results, including a discussion of how they compaze to
required specification;
o The certification checklist (Appendix 9B);
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• Erosion and Sediment Control Logs (Appendix 9D);
• Truck tickets;
• All related construction documents including correspondence and communication
records;
• Copies of the required accreditation for the field testing staff and testing
laboratory in accordance with Section 9.83;
a Copies of drywell registrations;
• One set of Mylaz record drawings; and,
a One paper copy of the stamped Mylar.
The City of Spokane Valley will review the certification package within a 2-week period
and shall notify the Applicant if the project is accepted to go to warranty. This Notice of
Substantial Completion is conditioned upon no further deficiencies becoming evident
before the City accepts the project.
Upon notification that the project is provisionally accepted and upon receipt of the
warranty surety, the warranty period shall begin.
9.13.1 CERTIFICATION OF DRAINAGE FACILITIES
Stormwater facilities located in tracts shall be certified prior to final plat approval for
plats, short plats and binding site plans. The certification of stormwater facilities
located within border easements and right-of-way for single-family and two-family
dwellings may be delayed until the issuance of the final Certificate of Occupancy
(Refer to Section 9.9.5).
Drainage facilities associated with a commercial building permit shall be certified, as
specified in Section 9.13, prior to issuing a final Certificate of Occupancy.
9.14 PERFORMANCE SURETY
The Applicant shall complete all plan unprovements prior to the approval of the final
plat, short plat, or binding site plan or the issuance of Certificate of Occupancy. A
performance surety may be submitted in lieu of the completion of the actual construction
of required improvements prior to the approval of the fmal plat, short plat, binding site
plan or Certificate of Occupancy as described in the sections below.
9.14.1 BUILDING PERMIT
A surety in lieu of completion of a specific condition may be allowed if approved by
the City, if necessitated by weather or conflicting construction schedules. A
completion schedule for the project must be submitted and approved prior to releasing
the Certificate of Occupancy.
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9.14.2 SHORT PLATS, LONG PLATS AND BINDING SITE PLANS
No surety in lieu of construction shall be allowed for the construction of utilities or
streets, including pavement, curbs, and gutters.
A surety in lieu of completion of sidewalks, drainage unprovements, or driveway
approaches may be allowed if approved by the City, if the following conditions are
met:
o A completion schedule is submitted and approved;
e The improvements are sufficiently complete as to allow proper function and
operation of the transportation, sewer, water, and stormwater systems, as
determined by the City;
o The improvements shall be completed within 18 months of the date of final
approval; and,
o The Applicant has not have any outstanding improvements that have not been
timely completed within other plats, short plats, binding site plans, or building
permits.
914.3 PERFORMANCE SURETY AMOUNT
The ApplicanYs Engineer shall submit quantities £or the complete nature of the work
to be performed within or on the right-of-way, border easements, or on the frontage of
City right-of-way. The Development Inspector will enter that information into an
updated calculation spreadsheet reflecting a total valuation of the work to be
performed. The performance surety shall be for 125 percent of the total work to be
performed. Performance surety shall include all construction costs, including erosion
and sediment control and inspection costs. The performance surety shall not be less
than $10,000.00.
9.14.4 ACCEPTABLE SURETIES
The performance surety shall be a letter of credit or cash savings assignment. Bonds
are not accepted. Examples of sureties aze provided in Appendix 9C.
9.14.5 PERFORMANCE SURETY RELEASE
The performance surety shall be released when all of the following conditions have
been met:
o A certification package is accepted by the City;
• The Applicant has paid in full all costs incurred by the City;
• All monuments have been reset and referenced by a surveyor; and,
e The Applicant has submitted a warranty surety for improvements in the
public right-of-way and border easements as specified in Section 9.14.
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9.15 WARRANTY SURETY
All projects with improvements in the public right-of-way or border easements shall
submit to the City a warranty surety. The warranty surety shall guarantee against
material and/or workmanship defects in street construction, utility work within the right-
of-way and border easements, and/or drainage facilities as required by the City.
9.15.1 WARRANTY SURETY AMOUNT
The Applicant's Engineer shall submit quantities for the complete nature of the work
to be performed within or on the right-of-way, border easements, or on the frontage of
City right-of-way. The Development Inspector will enter that information into an
updated calculation spreadsheet reflecting a total valuation of the work to be
performed. The Development Inspector will then calculate 20 percent of that total
work to be performed, but not less than $10,000.00, and request a surety for that
amount from the Applicant.
9.15.2 ACCEPTABLE SURETIES
The warranty surety shall be a letter of credit or cash savings assignment. Bonds are
not accepted. Examples of sureties are provided in Appendix 9C.
9.15.3 WARRANTY DURATION
The surety shall remain in effect for 2 years from the date of provisional acceptance
of the streets. Thirty days prior to the expiration of the wananty, the Applicant shall
retain an Engineer to inspect the improvements. Any deficiencies noted shall be
repaired prior to the release of the surety. If the inspection is not conducted and the
deficiencies aze not repaired, the warranty surety shall be renewed by the Applicant
until this requirement is satisfied. The Development Inspector will conduct a walk-
trough prior to releasing the warranty surety.
9.15.4 TIME FRAMES TO COMPLETE REPAII2
The warranry surety shall be used to conect deficiencies due to materials and/or
workmanship.
At any time before the end of the warranty period, the City may notify the Applicant
of needed repairs. If repairs aze considered to be an imminent danger to the public's
health, safety, and welfaze, the Applicant shall act within 24 hours to complete the
repair. If the work is not considered a safety issue, the Applicant has 10 business days
to schedule the work, and 60 calendaz days to complete the work. Extensions of time
may be considered when necessary due to weather constraints.
When the project is accepted and in warranty or after releasing the wananty surety,
the Builder is responsible for any damage to the improvements along the lot frontage.
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Any deficiencies shall be corrected by the Builder prior to the issuance of the final
Certificate of Occupancy for the structure.
9.15.5 FAILURE TO COMPLETE REPAIR
If the warranty repairs are not completed in the time frame specified, the City may
choose to conduct the necessary repairs. The City will either invoice the Applicant or
collect from the surety for all costs for the related work, plus a$500.00 administrative
fee.
915.6 RESPONSIBILITY FOR MAINTENANCE
The Applicant is responsible for maintaining all public improvements, excluding
snow plowing, throughout the warranty period.
9.16 STREET ESTABLISHMENT
When the project has been certified and accepted, the Applicant can request to receive
provisional acceptance after posting a warranty surety in accordance with Section 9.14.
The Applicant is responsible to repair failures during the warranty period in accordance
with Section 9.15.4. Final acceptance shall be granted after the warranty period assuming
all deficiencies have been corrected.
The City Manager is responsible for approving the establistunent of new streets. When
the project receives final acceptance, the Development Services Senior Engineer shall
recommend to the City Manager that the streets be established.
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APPENDIX INDEX
Appendix 9A - Minimum Materia] Testing Frequencies
Appendix 9B - Final Certification Checklist — Sample
Appendix 9C - Examples of Sureties
Appendix 9D — Minimum requirements for the Erosion and Sediment Control Logs
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APPENDIX 9A — Minimum Material Testing Frequencies
The following testing frequencies represent the minimum requirements during construction. If
individual tests fail to meet specifications, additional testing shall be conducted to assure
conformance.
Earth Embankment -1 density test per lift per 500 CY placed
Road Subgrade -1 density test per 100 LF of lane or equivalent
Crushed Rock -1 density test per 100 LF of lane or equivalent per lift
Trench Embankment 1 density test per 150 CY with varying test depths
Crushed Rock under -1 density test per 100 LF of curb of walk length per lift
Curb and Sidewalks (Unless tested as part of the roadway crushed rock)
Concrete for Curbs -1 set (4 cylinders) per 100 CY (Minimum 1 set per day)
and Sidewalks -1 set of air, slump, temperature, etc. on first truck and with
cylinders thereafrer
Aggregate Quality -1 gradation test
-1 sand equivalent test
-1 fractured face test
Asphalt Pavement -1 Lot = 400 tons
-5 random density tests per lot (Minimum 5 tests per day)
-1 test to verify gradation per 1,000 tons (Minimum 1 test per
day)
-1 test to verify asphalt content per 1,000 tons (Minimum 1
test per day)
-1 test to verify maximum density per 1,000 tons (Minimum 1
test per day)
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APPENDIX 9B — Final Certification Checklist (Sample)
Project• �
CertiTication Letter:
Statement of intent to certify the project.
PE Stamp and Signature.
Record Drawings Mylar Drawings:
PE Stamp and Signature
Lettered certification statement (9.10 Spokane County Standazds)
Project Documents:
Dail Ins ection Re orts:
Field Re orts:
Ins ection of As halt Pavin :
100% On site ins ection durin avin
Compaction Reports:
Sewer trench lifts.
Water trench lifts.
Utili trench ]ifts.
Crushed Rock lifts.
Material Documents: Field and Laborato Tests:
Field Test Lab Test
Concrete (Slump, Air Content, (Break Test)
Temp).
Sub ade: (Compaction) (Gradation, Proctor)
Crushed Rock (Compaction, Depth) (Gradation, Proctor)
Asphalt (Compaction, (Rice, Gradation, Oil
Thickness Content)
On Site Ins ections of Draina e Items:
D ells:
Gutter Inlets:
Culverts:
Sidewalk Vaults:
Draina e Ditches:
Other:
Incoming/Outgoing Correspondence
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APPENDIX 9C — Examples of Sureties
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LETTER OF CREDIT
(BANK LETTERHEAD) .
IRREVOCABLE STANDBY LETTER OF CREDIT
Date:
Beneficia : Applicant:
City of Spokane Valley Name:
11707 E. Sprague, Suite 106 Address:
Spokane Valley, WA 99206 Phone:
Attn:
Project # & Name:
Letter of Credit Number:
Expiry Date:
Our Counters Presently Located At:
Amount:
Not exceeding USDollars .(written dollar amount)
Surety is for the following (check one):
O Performance surety for public improvements
O Performance surety for private improvements
O Warranty surety for public improvements
Itemized as follows:
Roadway Improvement & Inspection: (Amount — numeric and written)
This Page 1 forms an integral part of credit number
October 2009 9-19 Chapter 9- Inspection & Certification
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We hereby issue this irrevocable standby letter of credit for (project name and number) available by your
draft(s) drawn on us and accompanied by the following documents:
1. A signed statement from the Spokane Valley Development Services Senior Engineer's Office reading
exactly as follows: "I, the undersigned duly authorized representative of the Spokane Valley
Engineer's Office, hereby certify that the draft drawn under this letter of credit represents the amount
of money required to complete the installation of street improvements including grading, gravel,
paving curbs, sidewalks, storm drainage, drainage swales, monuments, street signs, inspection,
construction engineering and/or other work as is incidental and related thereto in accordance with the
acceptable civil plans and specifications as submitted to and approved by the Spokane Valley
Engineer's Office on (date of approved plans)".
2. The original of this letter of credit.
This Page 2 forms an integral part of credi[ number
October 2009 9-20 Chapter 9- Inspection & Cer[ification
PC RECONIMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
SPECIAL CONDITIONS
1. Any and all banking charges other than those of the issuing bank are for the account of the
beneficiary. •
2. It is a condition of this letter of credit that it shall be automatically extended, without amendment, for
an additional period of one yeaz from the present expiration date or each future expiration date,
unless we have notified you in writing not less than thirty (30) days before such expiration date, that
we elect not to renew this letter of credit and have received from the City Engineer a letter approving
the non-renewal of this letter of credit. All written notification shall be sent via registered mail.
Drafts drawn under this credit must bear the clause: "Drawn under (bank's name and letter of credit
number)."
This credit is subject to the "Uniform Customs and Practice for pocumentary Credits (1993)",
Intemational Chamber of Commerce Publication No. 400.
We hereby engage with you that draft(s) drawn and/or documents presented and negotiated under and in
compliance with the terms of this irrevocable standby letter of credit will be duly honored upon
presentation to us.
The amount of each drawing must be endorsed on the reverse of this credit by the negotiating bank.
A chazge of USD25.00 will be deducted from the proceeds of any drawing presented with discrepancies.
NAME OF ISSUING BANK
Signature and signatory's authority
This Page 3 forms an iritegral part of credit number
October 2009 9-21 Chapter 9- Inspection & Certification
PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
(BANK LETTERHEAD)
SPECIAL ACCOUNT ASSIGNMENT FOR CONSTRUCTION SURETY
For security purposes only, �
("DEVELOPEx") has deposited funds i� a special account for the purpose of surety for the full and faithful
performance by the DEVELOPEx of the construction of certain sireet traffic improvements, monuments
and drainage facilities for ("PROIEC'r") specified in the accepted approved civil plans for said
Pao7ECT on file in the Office of the Spokane Valley Development Services Senior Engineer (City
Engineer).
Surety is for the following (check one):
O Performance surety for public improvements
O Performance surety for private improvements
O Warranty surety for public improvements
The DEVELOPER hereby designates SPOKANE VALLEY, a code City of the State of Washington, as
beneficiary of the following:
Special Account Number
in the face amount of $XXX
and held in and by
BankName - �
Bank of
Branch (the "BANK")
Funds deposited in this account may be released to the DEVELOPER or any other party
only with the prior written consent and agreement of the City Engineer.
The undersigned DEVELOrE2 hereby authorizes the BnNx to pay over to SPOx.at.tE
VaLLeY all, or a sufficient portion of the monies on deposit in the special account
referenced hereinabove, upon (1) written documentation being received from the City
Engineer indicating that the purposes for which the special account was assigned have
not been fully and faithfully performed as required; and (2) a statement from the City
Engineer of that amount of money which the Ct� deems necessary to complete such
obligation. Upon receipt of such written documentation, the DEVELOPEx hereby
authorizes the Bnrrx to release to Spokane Valley that amount of money requested, up to
the maximum amount in the special account.
Said SPECIAI, ACCOiJNT ASSIGNMENT FOR CON57RUCTION SURETY PURPOSES is made as security for the
full and faithful performance by the DEVE[,OrEx to complete the improvements in accordance with the
accepted plans.
During the construction period, Spokane Valley may request payment from the BANK for the purposes of
completion of improvements, by providing documentation to the Ba.rrx. Spokane Valley's documentation
October 2009 9-22 Chapter 9- Inspection & Certification
PC RECONIMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
shall indicate that the construction of the improvements has not been performed in accordance with the
. accepted plans for the PxoIECT and therefore the purposes of said SrECIAL ACCOt1NT ASSIGNMEI.*T have
not been fully and faithfully performed as required. The City Engineer's documentation shall also include
a statement of the amount of money that Spokane Valley deems necessary to complete such obligation.
Upon the BnNK'S receipt of such written documentation, the DEVELOPER hereby authorizes the B.4NIC to
release to SPOKANE VALLEY that amount of money requested, up to the maxnnum amount in the special
account.
A copy of all such documentation and correspondence with the BnNK shall be provided by the City
Engineer to the DEVEt,OPER at the address noted below.
DATED this day of 20_
BANK:
ADDRESS:
CITY, STATE , ZIP:
PHONE:
BANK REPRESENTATNE:
NAME:
TITLE:
State of Washington )
)ss
County of Spokane )
I certify that I know or have satisfactory evidence that (name of personl is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she)
was authorized to execute the instrument and acknowledged it as the (tvne of authoritv, e.g., officer,
trustee, etc.) of (name of party on behalf of whom instrument was executedl to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and
for the State of Washington.
My Appointment Expires:
DATED this day of , 20_
Oc[ober 2009 9-23 Chapter 9- Inspection & Certifica[ion
PC RECOIvIMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
DEVELOPER
ADDRESS:
CITY, STATE, ZIP:
PHONE:
State of Washington )
)ss
County of Spokane )
I certify that I know or have satisfactory evidence that (name of person) is the person who appeared
before me, and said person acknowledged that (he/she) signed this instrument, on oath stated that (he/she)
was authorized to execute the instrument and acknowiedged it as the (tvoe of authority, e.g., officer,
trustee, etc.l of (name of �artv on behalf of whom instrument was executedl to be the free and voluntary
act of such party for the uses and purposes mentioned in the instrument.
Dated
Notary Public in and
for the State of Washington.
My Appointment Expires:
kdjmvgName /299
October 2009 9-24 Chapter 9- Inspection & Certification
PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
APPENDIX 9D - E1tOSION AND S�DIIVIEN'I' CONTROL
LOG
The following items are to be included in the daily logs and inspection reports to assure
conformance.
• Date of Inspection.
• When, where and how the BMPs were installed, removed or modified.
• Repairs needed or made.
• Observations of BMP effectiveness and proper placement.
• Recommendations for improving performance of BMPs.
• Identify the points where stormwater runoff potentially leaves the site, is collected
in a surface water conveyance system, (i.e., road ditch, storm sewer), and enters
receiving waters of the state.
� If water sheet flows from the site, identify the point at which it becomes
concentrated in a collection system.
• Inspect for SWPPP requirements including BMPs as required to ensure adequacy.
October 2009 � 9-25 Chapter 9- Inspection & Certificalion
PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
THIS PAGE IS INTENTIALLY LEFT BLANK
October 2009 9-26 Chapter 9- Inspection & Certification
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
Ocmber2009 ' � Chapterl0—Maintenance
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
October 2009 Chapter IO—,Maintenance
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THIS PAGE IS INTENTIONALLY LEFT BLANK
October 2009 Chapter 10 — Maintenance
10-iv
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10.1 INTRODUCTION
This chapter establishes the parties responsible to maintain the public and private
infrastructure created with development. In addition, it provides a list of documents
required to be submitted during project review.
10.2 MAINTENANCE RESPONSIBILITY
10.2.1 PUBLIC STREETS
Upon releasing the warranty surety and acceptance of the public infrastructure, the
City maintains all public streets (curb, gutter, and pavement) and public stormwater
drainage structures (drywells, inlets and pipes) located within the public right-of-way
and within border easements that serve public street runoff.
The City does not maintain sidewalks or landscaping of swales and grass strips, even
if located within the public right-of-way or border easements. Property owners are
responsible for the maintenance of these features. Swale maintenance means
preservation of the original area, volume, configuration and function of the
stormwater facility as described in the plans. Swale maintenance also includes
mowing, inigating, and replacing when necessary the lawn turf within the swales.
The property owners aze also responsible for maintaining sidewalks free of
obstructions and debris.
10.2.2 PRIVATE STREETS AND DRIVEWAYS
The City does not maintain any of the infrastructures located on private streets or
private driveways. Private streets and driveways and related facilities shall be
contained within a permanently established tract or easement providing legal access
to each lot served.
The Applicant shall provide arrangements for the perpetual maintenance of the
private streets, private driveways and all elements of the stormwater system
(including swales ivithin the right-of-way and border easements), and any other
related facilities.
The City does not furnish, install, or maintain signs for private streets including stop
signs or street name signs for private streets intersecting public streets or "No
Pazking" signs. The owner may install their own signs in accordance with MUTCD,
but must have approval from the Senior Traffic Engineer when installing signs at
intersections with public streets.
Access shall be granted to the City to provide emergency maintenance of private
facilities. The cost of emergency maintenance shall be the responsibility of the
property owners or the Homeowners' Association in chazge of maintenance.
October 2009 Chapter ] 0- Maintenance
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
10.3 REQUIRED DOCUMENTS
The following maintenance-related items shall be submitted for all projects with private
streets and/or common areas:
� A copy of the conditions, covenants and restrictions (CC&Rs) for the
homeowners' association (HOA) or property owners' association (POA) in chazge
of operating and maintaining ali elements of the private street system (see Section
103.1);
o An operations and maintenance (O&M) manual (see Section 103.2);
� A financial plan outlining the funding mechanism for the operation, maintenance,
repair, and replacement of the private street system, related facilities and/or
common azeas (see Section 1033);
• Street maintenance agreements, as applicable;
• Reciprocal use agreements, as applicable; and,
� Drainage easements, as applicable.
Refer to the Spokane Regional Stormwater Manual for maintenance requirements for
stormwater facilities.
10.3.1 HOMEOWNERS' AND PROPERTY OWNERS' ASSOCIATIONS
An HOA shall be formed to maintain the private streets, signs, entrance gates, other
related facilities and/or common azeas. For commercial/industria] and multi-family
residential developments with shazed access and multiple owners, a POA or similaz
entity shall be formed, or a reciprocal-use agreement executed.
If the HOA or POA has CC&Rs, a draft copy of the CC&Rs for the HOA or POA
shall be submitted with the civil and drainage plans. The CC&Rs shall summarize the
maintenance and fiscal responsibilities of the HOA or POA, refer to the O&M
Manual, and include a copy of the sinking fund calculations and Financial Plan.
Annual HOA or POA dues shall provide funding for the annual operation and
maintenance of private streets, private driveways, related facilities, and common
azeas. The sinking fund calculations shall also include costs for the maintenance of
the stormwater system and all facilities associated with the stormwater system (Refer
to Chapter 11 of the Spokane Regional Stormwater Manuan.
Homeowners' associations and property owners' associations aze to be non-profit
organizations accepted by the Washington Secretary of State. A standazd business
license is not acceptable for this purpose..
10.3.2 OPERATION AND MAINTENANCE MANUAL
All projects with private streets and/or common azeas used for stormwater
management shall have an O&M Manual. Projects with engineered driveways may
October 2009 Chapter 10 - Maintenance I
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PC RECOMMENDED DRAFT - CITY OF SPOKANE VALLEY STREET STANDARDS
also be required to submit an O&M Manual. The O&M Manual must include, at a
minimum:
• Description of the entity responsible for the perpetual maintenance,
including legal means of successorship;
• Description of sVeet maintenance tasks to be performed and their
frequency. Street maintenance tasks shall include at a minimum street
sweeping, snow plowing, signage repair, crack sealing, pot hole repair,
overlay, pavement replacement, etc.;
o Description of the stormwater maintenance tasks to be performed and their
frequency. Tasks shall include, at a minimum, swale maintenance and
removing sediment from drywells, catchbasins, and pipe system. Swale
maintenance means preservation of the original azea, volume,
configuration and function of the stormwater facility as described in the
plans. Swale maintenance also includes mowing, irrigating, and replacing
when necessary the lawn turf within the swales;
o Description of emergency maintenance tasks to be performed and their
frequency, such as gate operation, No Parking signs, access to fire
hydrants, fire lanes;
• Description of the source control best management practices (BMPs) such
as street sweeping (refer to Chapter 10 of the Spokane Regional
Stormwater Manuan;
• A list of the expected design life and replacement schedule of each
component of the private street and/or stormwater management system;
� A general site plan (drawn to scale) showing the overall layout of the site;
and,
o Contact information for the design engineer.
10.3.3 FINANCIAL PLAN
To provide guidance regarding financial planning for maintenance and replacement
costs, a Financial Plan is required. The Financial Plan shall include the following
items:
o A list of all private streets and related facilities, common azeas, and/or
stormwater management facilities, expected maintenance activities and
associated costs;
o Sinking fixnd calculations that take into consideration probable inflation
over the life of the infrastructure and estimates for the funds need to set
aside annually;and,
o A mechanism for initiating and sustaining the sinking fund account
demonstrating that perpetual maintenance will be sustained.
October 2009 Chapter 10 - Maintenance
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10.3.4 CONVERSION FROM PRIVATE TO PUBLIC STREET
The Applicant shall submit written authorization from all property owners, any and
all available construction drawings of the subject street, along with an engineer-
stamped analysis of the pavement and subgrade as determined from test sites
sepazated no greater than 100 feet apart, or as required by the City. Digital photos at
every 50 feet, or as the City requires, shall be submitted with the application. The
City shall review the information, visually check the street and determine
requirements to bring the street up to current City standazds.
A letter of requirements shall be issued by the City. The Applicant(s) shall meet the
requuements before the street is accepted as a public right-of-way. The Applicant
shall prepare a legal description of the street and execute a deed of trust, transferring
the property to the City once the physical deficiencies have been corrected and
accepted.
October 2009 Chapter ]0 - Maintenance
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PC RECOMA�NDED DRAFT — CITY OF SPOKANE VALLEY STREET STANDARDS
CHAPTER 11- STANDARD PLANS
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Standard Plans Last Updated
Draftina
D-100 Drafting Standazds ............................................................................................9/1/09
D -101 Drafring Stan ..................................................................................................... 9/1/09
D-102 Drafting Stan ..................................................................................................... 9/1/09
D-103 Drafting Stan ..................................................................................................... 9/1/09
D -104 Drafting Stan ..................................................................................................... 9/1/09
D-105 Drafting Stan .....................................................................................................9/1/09
Roads/Streets
R-102 Curbing ............................................................................................................. 9/1/09
R-103 Sidewalk ............................................................................................................9/1/09
R-105 Pedestrian Ramps - Typical .............................................................................. 9/1/09
R-106 Pedestrian Ramps - Midblock and Adjacent Sidewalk ..................................... 9/1/09
R-110 Driveway Approach Sepazated Sidewalk ......................................................... 9/1/09
R-111 Driveway Approach Swale Inlet ....................................................................... 9/1/09
R-112 Driveway Approach Adjacent Sidewalk ........................................................... 9/1/09
R-113 Driveway Approach High Volume ................................................................... 9/1/09
I R-114 Driveway Approach Asphalt ........................................................................ 9/�24/09
R-115 Driveway Approach For Private Streets and Driveways .................................. 9/1/09
R-117 Driveways - General Requirements .................................................................. 9/1/09
R-119 Typical Street Section — Half Street ................................................................. 9/1/09
R-120 Typical Street Section Local Residential .......................................................... 9/1/09
R-121 Typical Street Section Local Commercial ........................................................ 9/1/09
October 2009 Chapter 11 — Standard Plans
PC RECOMMENDED DRAFT — CITY OF SPOKANE VALLEY STREET STANDARDS
R-122 Typical Street Section Collector ................................................................... 9/�24/09
R -125 Alley Section ..................................................................................................... 9/1/09
R-127 Step Wedge Longitudinal Cold Joint .............................................................. 9/24/09
R-130 Cul-de-Sac — Public Street ................................................................................ 9/1/09
R-131 Public SUeet Turnazound - Future Intersection ................................................ 9/1/09
R-132 Public Street Turnaround- Future Connection .................................................. 9/1/09
R-133 Private Street and Driveway Tumarounds ........................................................ 9/1/09
R -140 StreetSigns .......................................................................................................9/1/09
R-142 Type III Barricade ............................................................................................. 9/1/09
R-145 Survey Monuments ........................................................................................... 9/1/09
R-150 Gated Access Requirements ............................................................................. 9/1/09
�
Stormwater
. 5-101 Precast Drywells Placed in Swale ..................................................................... 9/1/09
S-102 Precast Drywells Placed in Asphalt .................................................................. 9/1/09
S-103 Drywell Details ................................................................................................. 9/1/09
5-104 Drywell Frame and Grates ................................................................................ 9/1/09
S-105 Precast Drywells & Inlet Details ...................................................................... 9/1/09
5-110 Curb Inlet Type 1 .............................................................................................. 9/1/09
S-111 Curb Inlet Type 2 ............................................................................................... 9/1/09
5-112 Catch Basin Type 1 ........................................................................................... 9/1/09
5-113 Concrete Inlet Type 1 ....................................................................................... 9/1/09
5-114 Concrete Inlet Type 2 ....................................................................................... 9/1/09
5-115 Combination Inlet .............................................................................................9/1/09
S-117 Catch Basin & Inlet Installation ........................................................................ 9/1/09
S-121 Metal Grate Type 1(Bypass) ............................................................................ 9/1/09
5-122 Metal Grate Type 3(Low Point) ....................................................................... 9/1/09
5-130 Roadside Swales ............................................................................................... 9/1/09
5-140 Oil Water Separator ..........................................................................................9/1/09
�
Traffic
T-101 Traffic Circle ..................................................................................................... 9/1/09
Utilities
U-100 Utility Location Detail ...................................................................................... 9/1/09
U-101 Aboveground Utility Placement ....................................................................... 9/1/09
U-102 Fire Department Hydrant Requirements ........................................................... 9/1/09
October 2009 Chapter 11 — Standard Plans
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing
❑ information ❑ admin. report � pending legislation
AGENDA ITEM TITLE: First Reading, Proposed Ordinance 09-034, Cable Franchise
GOVERNING LEGISLATION: Federal Cable Act of 1984
PREVIOUS COUNCIL ACTION TAKEN:
Resolution 04-015 regarding cable franchise renewal proceedings and continuation of existing
franchise agreement; Update to Council June 9, 2009
BACKGROUND:
Cable franchises and the franchise renewal process are regulated by the federal government.
The Cable Act of 1984 allows for both a formal and informal renewal process.
The City has completed the ascertainment phase and needs assessment of the formal process
and has completed negotiations with Comcast regarding the terms of the franchise agreement.
The attached draft franchise agreement is the result of negotiations between both parties.
There is one change from the agreement included with the previous presentation on August 3,
2009. The requirement for Comcast to submit annual audited financial statements was
removed. Instead Comcast will provide $10,000 for each five-year period to cover the cost of
the City conducting a financial audit of Comcast.
OPTIONS: 1.) Advance the franchise agreement to a second reading; 2.) Identify concerns
with renewing the franchise agreement and allow Comcast representatives to address those
concerns and/or introduce new evidence (According to the Federal Cable Act)
RECOMMENDED ACTION OR MOTION: Move to Advance the Comcast Franchise
Agreement, Ordinance 09-034, to a Second Reading.
BUDGET/FINANCIAL IMPACTS: 5% franchise fees ($950K in 2009 for general fund use),
Reimbursement for capital expenses related to public, educational, and governmental
programming, $.35/subscriber/month equal to approximately $100K per year, $150,000 up-front
contribution.
STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst
ATTACHMENTS
Draft Cable Franchise Agreement with Comcast
PowerPoint
Comcast -- Wuhington Merket
Co m ca ste Spokane Office
1717 E. Huckeye Ave.
Spokane, WA 99207
October 30, 2009
Mr. David Mercier
City Manager
City of Spokane Valley
11707 E Sprague Ave, Suite 106
Spokane Valley, WA 99206
Deaz Mr. Mercier:
The purpose of this letter agreement is to set forth a commitment between Comcast of
Pennsylvania/Washington/West Virginia, LP (hereinafter, "ComcasP') and the City of
Spokane Valley (hereinafter, "the City") that is in addition to the Franchise Agreement, to
be adopted by Ordinance (hereinafter, "the Franchise"). This item has been negotiated in
good faith and agreed to as part of the informal franchise renewal process pursuant to 47
U.S.C. 546(h), and specifically relates to a unique community need that exist in the City.
Comcast agrees to provide the City two (2) $10,000 unrestricted grants, totaling $20,000
over the life of the franchise term. The first grant will be remitted to the City within
ninety (90) days of ComcasYs acceptance of the Franchise. The second grant will be
remitted to the City within ninety (90) days of the fifth yeaz anniversary date of the
Franchise term, if Comcast accepts the full continuation of the ten (10) year term.
Comcast reserves the right to pass-through the grants to Subscribers, in addition to the PEG
Fee specified in the Franchise, at ComcasYs sole discretion in any manner consistent with
applicable law.
The terms and conditions of this letter agreement aze binding upon the City and Comcast
and their successors and assigns. Comcast stipulates that a payment failure of these terms
by Comcast may be considered by the City as a violation of the Franchise.
Acknowledged and agreed to this _ day of , 2009.
Comcast of Pennsylvania/Washington/West Virginia, LP
By:
Its:
Date:
City of Spokane Valley
By:
Its:
Date:
DRAFT
Final Aereed Uuon Proaosed Franchise -- Date: 10/9/2009
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASEIDVGTON
ORDINANCE NO. 09-034
AN ORDINANCE OF TFIE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON-EXCLUSIVE FRANCffiSE TO COMCAST OF
PENNSYLVANIA/WASHINGTON/WEST VII2GINIA, LP, TO CONSTRUCT, MAINTAIN AND
OPERATE CERTAIN FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY AND PUBLIC
PROPERTIES OF THE CITY OF SPOKANE VALLEY.
WI�REAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-exclusive
franchises for the use of public streets, bridges or other public ways, structures or places above or below
the surface of the ground for railroads and other routes and facilities for public conveyances, for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and
distribution of e]ectrical energy, signals and other methods of communication, for gas, steam and liquid
fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and
WIIEREAS, the grant of such non-exclusive franchises requires the approving vote of at least a
majority of the entire City Council and publication at least once in a newspaper of general circulation in
the City; and
WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subject
to its terms and conditions, is in the best interests of the public; and
WHEREAS, in accordance with Section 626 of the Cable Communications Policy Act of 1984,
Grantee has requested renewal of its Cable Communications Franchise Agreement, and afrer negotiations
with Grantee, the City has determined that it is in the best interest of the City and its residents to renew
the Franchise Agreement with Grantee; and
WHEREAS, the City has, following required and reasonable notice, conducted a full public
hearing, affording all persons concemed with the analysis and consideration of the technical ability,
financial condition, legal qualifications and general character of the Grantee; and
WHEREAS, the City, afrer such consideration, analysis and deliberation, has approved and found
sufficient the technical abiliry, financial condition, legal qualification and character of the Grantee; and
WHEREAS, the City has also considered and analyzed the plans of the Grantee for the continued
operation of a Cable System and found the same to be adequate and feasible in view of the needs and
requirements of the City; and
WHEREAS, the City has determined that it is in the best interests of and consistent with the
health, safety and welfare of the citizens of the Ciry to renew the Franchise Agreement to the Grantee to
operate a Cable System within the confines of the City and on the terms and conditions hereinafter set
forth; and
WHEREAS, the Grantee has agreed to be bound by the conditions hereinafter set forth.
NOW, Tf�REFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, does ordain as follows:
(lydinanre f19-74 Cmmcasi Cahle Franchise Paee 1 Of 27
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Section 1. Definitions. For the purpose of this Ordinance, the following words and terms
shall have the meaning set forth below:
"Basic Cable Service" shall mean any Service Tier which includes the lawful retransmission of local
television broadcast signals and any publiq educational, and govemmental access programming
required by this Franchise Agreement to be carried on the basic tier.
"Cable AcY' means the Cable Communications Policy Act of 1984, as amended by the Cable Television
Consumer Protection and Competition Act of 1992, and the Telecommunications Act of 1996, and any
amendments thereto.
"Cable Advisory Board" shall mean a City or regional Cable Advisory Boazd as established by
ordinance or interlocal agreement.
"Cable Service" or "Service" shall mean (A) the one-way transmission to Subscribers oF (i) Video
Programming or (ii) Other Programming Service, and (B) Subscriber interaction, if any, which is
required for the selection or use of such Video Programming or Other Programming Service.
"Cable System" or "System" shall mean a Facility, consisting of a set of closed transmission paths
and associated signal generation, reception, and conVOl equipment that is designed to provide Cable
Service which includes Video Programming and which is provided to multiple Subscribers within a
community, but such term shall not include:
(1) a facility that serves only to retransmit the television signals of one (1) or more television
broadcast stations;
(2) a facility that serves only Subscribers without using any Public Right of Way;
(3) a facility of a common carrier which is subject, in whole or in part, to the provisions of 47
U.S.C. § 201 et seq., except that such facility shall be considered a Cable System (other than for
purposes of 47 U.S.C. § 541(c)) to the extent such facility is used in the transmission of Video
Programming directly to Subscribers, unless the extent of such use is solely to provide interactive
on-demand services;
(4) an open video system that complies with 47 U.S.C. § 573; or
(5) any facilities of any electric utiliTy used solely for operating its electric utiliTy system.
For the purpose of this Franchise, Cable System shall mean the Grantee's cable Facilities servicing
the City.
"ChanneP' shall mean a portion of the electromagnetic frequency spectrvm which is used in a cable
system and which is capable of a television Channel, as television Channel is defined by the FCC.
"City" means the City of Spokane Valley, a Washington municipal corporatioa
"City Manager" means the City Manager or designee.
"ComplainY' shall mean a Subscriber contact with the Grantee to express a grievance or
dissatisfaction conceming Cable Service. Complaints do not include matters not within the scope of
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this Franchise Agreement. A Complaint may be verbal or in writing but need not include initial
contacts where an issue is promptly resolved to the Subscriber's satisfaction.
"Construction" or "ConstrucY' shall mean digging, excavating, laying, extending, upgrading,
removing, and replacing of Faciliry.
"FCC" shall mean the Federal Communications Commission or any legally appointed or designated
agent or successor.
"Facility" or "Facilities" means all of the plant, equipment, fixtures, appurtenances, and other related
property necessary to fumish and deliver cable television services, including but not limited to wires,
cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, and attachments,
necessary or incidental to the distribution and use of cable television services.
"Franchise" shall mean the nonexclusive right and authority to Construct, Maintain, and operate a
Cable System through use of Public Rights of Way in the City pursuant to a contractual agreement
approved by the City Council and executed by the City and the Grantee.
"Franchise Area" shall mean the entire geographic area within the City as it is now constituted or may
in the future be constituted.
"Grantee" shall mean Comcast of Pennsylvania/Washington/West Virginia, LP, including any lawful
successor, transferee, or assignee of the original Grantee.
"Gross Revenues" means all revenue derived directly or indirectly by the Grantee, or by Grantee's
Affiliates, from the operation of Grantee's Cable System to provide Cable Services in the Franchise
Area. Gross Revenues include, by way of illustration and not limitation, monthly fees charged
Subscribers for Cable Services including Basic Service and all other Tiers of Cable Service; Pay-Per-
View Service; Cable Service installation, disconnection, change-in-service and reconnection fees,
Leased Access Channel fees, late fees, payments received by the Grantee from programmers for
carriage of Cable Services on the Cable System and recognized as revenue under generally accepted
accounting principles ("GAAP"), revenues from rentals of Cable System equipment such as
converters; advertising revenues (including local, regional, and a pro rata share of national advertising
carried on the Cable System in the Franchise Area) net of commissions due to advertising agencies
that anange for the advertising buy and as recognized as revenue under GAAP; additional outlet fees,
Franchise Fees, and revenues from home shopping Channels. Gross Revenues shall not include (i)
Bad Debt, provided, however, that all or part of any such Bad Debt that is written off but
subsequently collected shall be included in Gross Revenues in the period collected; (ii) any Capital
Contribution referenced in subsections 13.8; (iii) any payments by the City to Grantee for I-Net
maintenance or expansion; or (iv) any taxes on services fumished by the Grantee which are imposed
directly on any Subscriber or user by the State, City or other governmental unit and which are
collected by the Grantee on behalf of said govemmental unit. The Franchise Fees are not such a ta�c
and are therefore included in Gross Revenues.
"Lockout Device" shall mean an optional mechanical or electrical accessory to a Subscriber's
terminal which inhibits the viewing of a certain program, certain Channel, or certain Channels
provided by way of the Cable System.
"Maintenance or Maintain" shall mean repair, restoration, replacement, renovation and testing of the
Cable System or components thereof so as to ensure that it operates in a safe and reliable manner and
as required by this Franchise.
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"Non-commercial" shall mean, in the context of PEG Channels, that products and services aze not
sold via the PEG Channel. The term will not be interpreted to prohibit an PEG Channel operator or
programmer from independendy (i.e. not in the conte�ct of any televised programming) soliciting and
receiving financial suppoR to produce and transmit Video Programming on an PEG Channel, or from
acknowledging a contribution, in the manner of the corporation for public broadcasting. A PEG
Channel operator or programmer may cablecast informational programming regazding City events,
projects and attractions of interest to residents so long as the format for such programming is
consistent with the purposes for which PEG resources may be used.
"Normal Business Hours" shall mean those hours during which most similar businesses in City are
open to serve customers. In all cases, "Normal Business Hours" must include some evening hours, at
least one (1) night per week and/or some weekend hours.
"Normal Operating Conditions" shall mean those Service conditions which aze within the control of
Grantee. Those conditions which are not within the control of a Grantee include, but are not limited
to, natural disasters, civil disturbances, power outages, telephone network outages, and severe
weather conditions. Those conditions which aze ordinarily within the control of Grantee include, but
are not limited to, special promotions, pay-per-view events, rate increases, regular peak or seasonal
demand periods, and Maintenance or upgrade of the Cable System.
"PEG" shall mean any Channel set aside for public use, educational use, governmental use without a
Channel usage chazge.
"Person" shall mean an individual or legal entity, such as a corporation or partnership.
"Premium Service" shall mean pay television offered on a per Channe] or per program basis.
"Public Property" shall mean any real estate or any facility owned by the City.
"Public Works D'uector" shall mean the Spokane Valley Public Works D'uector or his/tier designee.
"Right-of-Way" shall mean all property, and the space above and below, in which the City has any
form of ownership, title, or interest, including easements and adjacent utility strips, which is held for
public roadway or dedicated for compatible utility purposes, regardless of whether or not any
roadway or utility exists thereon or whether it is used, improved or maintained for public use.
"Service Interruption" shall mean the loss of picture or sound on one (1) or more Cable Channels.
"Service Tier" shall mean a specific set of Cable Services which aze made available as, and only as, a
group for purchase by Subscribers at a sepazate rate for the group.
"Standard Installatiod' shall mean those that are located up to one hundred twenty-five (125) feet
from the existing distribution System. Grantee shall comply with applicable FCC regulations
regazding commercial installations as may now or hereafter arise.
"Subscriber" shall mean any Person who lawfully receives Cable Service via the System.
"Video Programming" shall mean progamming provided by, or generally considered compazable to
programming provided by, a television broadcast station.
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Section 2. Grant of Franchise. The City hereby grants unto the Grantee, a nonexclusive
Franchise authorizing the Grantee to Construct, Maintain and operate a Cable System in the Right-of-Way
such Facilities and other related property or equipment as may be necessary or appurtenant for the
deployment of Cable Services over the Cable System in the City pursuant to this Franchise and according
to the Cable Act. The term of this Franchise and all its rights, privileges, obligations and restrictions shall be
ten (10) yeazs from the effective date. However, upon the fifth yeaz anniversary date of the Franchise term,
the Grantee has the option to provide written notice to the City opting out of the remaining five (5) yeazs
given a change in federal or State law which negatively impacts the City's ability to regulate this Franchise.
To exercise the option, the Grantee shall give the City such written notice at least six (6) months prior to the
fifth yeaz anniversary date of the Franchise term.
Section 3. Non-Exclusivitv. The grant of authority for use of the City's Rights-of-Way is not
exclusive and does not establish priority for use over other franchise holders, permit holders and the Ciry's
own use of Public Property. Nothing in this Franchise agreement shall affect the right of the City to grant to
any other Person a similar franchise or right to occupy and use the Rights-of-Way or any part thereof.
Section 4. Fee.
1. From and afrer the effective date of this Franchise Agreement and throughout the full term of
this Franchise Agreement, the Grantee shall pay to the Ciry five percent (5%) of its annual Gross
Revenues in the Ciry, pursuant to 47 U.S.C. § 542. Payment shall be due no later than 30 days from the
end of each calendar quarter after which interest shall accrue at the rate of 1% per month. In the event all
or a portion of the franchise fee has not been paid within 60 days of the end of each calendar quarter, a
penalty in the amount of 10% of the delinquent amount shall be added to the outstanding amount. All
franchise fees and interest and penalties shall constitute a debt of the CiTy and may be collected by any
means allowed under the law.
2. No acceptance by the City of any payment from Grantee shall be construed as an accord that
the amount paid is in fact the correct amount, nor shall such acceptance of payment be construed as a
release of any claim the City may have for further or additional sums payable under the provisions of this
Franchise Agreement. All amounts paid shall be subject to auditing and recomputation by the City.
3. Grantee acknowledges and agrees that the franchise fees payable by Grantee to City pursuant
to this Franchise Agreement as well as capital support provided by Grantee for PEG equipment and
facilities are authorized under the Federal Cable Act and shall not be deemed to be in the nature of a
federal, state or local tax.
4. Franchise Fees Subject to Audit. Upon reasonable prior written notice, during Normal
Business Hours, at the Grantee's principal business office in the City, the City shall have the right to
inspect the Grantee's financial records used to calculate the CiTy's franchise fees. The City shall provide
to the Grantee a final report setting forth the City's findings in detail, including any and all substantiating
documentation. In the event of an alleged underpayment, the Grantee shall have thirty (30) days from the
receipt of the report to provide the City with a written response agreeing to or refuting the results of the
audit, including any substantiating documentation. Grantee shall review and the City shall be entitled to
review Grantee's historical fmancial records used to calculate the City's franchise fees consistent with the
cunently applicable state statute of limitations.
5. Failure to comply with this section, except alleged underpayments under subsection 4, shall
constitute a material breach of the Franchise Agreement pursuant to Section 40.
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Section 5. Competitive Eauitv.
1. The City reserves the right to grant one (1) or more additional franchises. The City shall
amend this franchise, as requested by the Grantee, if it grants additional Cable Service franchises or
similaz multiple channels of Video Programming authorizations that contain material terms or conditions
which aze substantially more favorable or less burdensome to the competitive entity than the material
terms and conditions herein. A word for word identical franchise or authorization for a competitive entity
is not required so long as the regulatory and fmancial burdens on each entity aze generally equivalent
taking into account any difference in the number of subscribers served, the number of PEG channels and
aggregate suppoR provided, the level of fees and ta�ces imposed, the term of the franchise, and all other
circumstances affecting the relative burdens.
2. Notwithstanding any provision to the contrary, at any time prior to the commencement of the
Grantee's thirty-six (36) month renewal window provided by Section 626 of the Cable Act, that a non-
wireless facilities based entity, legally authorized by state or federal law, makes available for purchase by
Subscribers or customers, Cable Services or multiple channels of Video Programming within the
Franchise Area without a franchise or other similaz lawful authorization granted by the City, then the
Grantee shall have a right to request Franchise amendments that relieve the Grantee of regulatory burdens
that create a competitive disadvantage to the franchisee. In requesting amendments, the Grantee shall file
a petition seeking to amend the franchise. Such petition shalL• (1) indicate the presence of such wireline
competitor; and (2) identify all material terms or conditions which are substantially more favorable or less
burdensome to the competitive entity. The Ciry shall act on the petition within 120 days.
3. In the event an application for a new cable television franchise is filed with the City
proposing to serve the franchise area, in whole or in part, the City shall notify the Grantee.
Section 6. Previous Riehts Abandoned. This Franchise Agreement is in lieu of any and all
other contractual rights, privileges, powers, immunities, and authorities owned, possessed, controlled, or
� exercisable by Grantee or any successor pertaining to the Construction, operation, modification or
Maintenance of a Cable System in the City. The acceptance of this Franchise Agreement shall operate as
beriveen Grantee and the City as an abandonment of any and all such contractual rights, privileges,
powers, immunities, and authorities within the City. All Construction, operation, modification, and
Maintenance by the Grantee of any Cable System in the City to provide Cable Service shall be under this
Franchise agreement and not under any other contractual right, privilege, power, immunity, or authority.
Section 7. Time Is Of The Essence To This Agreement. Whenever this Franchise
Agreement shall set forth any time for an act to be performed by or on behalf of the Grantee, such time
shall be deemed of the essence. Any failure of the Grantee to perform within the time allotted shall
always be sufficient grounds for the City to invoke any appropriate remedy, including, without limitation,
termination of this Franchise Agreement.
Section 8. Taxes. As is consistent with applicable law, nothing contained in this Franchise
Agreement shall be construed to except the Grantee from any applicable ta�c, liability or assessment
authorized by law.
5ection 9. Cable System Specifications.
1. Prior to the effective date of this Franchise Agreement, the Grantee completed a voluntary
upgrade of its Cable System. Concurrently, the Grantee modified its Cable System to a hybrid fiber
coa�cial, fiber-to-the-node System architecture, with fiber-optic cable deployed from the headend to.the
node and coaxial cable deployed from the node to Subscribers' homes. Active and passive devices ue
capable of passing a minimum of 750 MHz and capable of delivering high-quality analog or digital video
signals meeting, or exceeding FCC technical quality standards. Cable System nodes aze designed for
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future segmentation as necessary to mvcimize shazed bandwidth. During the term of this Franchise
Agreement, the Grantee agrees to Maintain the Cable System in a manner consistent with these
specifications or better.
2. The Grantee shall comply with all applicable technical standazds of the FCC as published in
subpart K of 47 C.F.R. § 76. To the extent those standards aze altered, modified, or amended during the
term of this Franchise Agreement, the Grautee shall comply with such altered, modified or amended
standazds within a reasonable period after such standards become effective. The City shall have, upon
written request, the right to review tests and records required to be performed pursuant to the FCC's rules.
3. In accordance with applicable law, the City shall have the right to regulate and inspect the
Construction, operation and Maintenance of the Cable System in the public Rights-of-Way. Upon
reasonable prior written notice and in the presence of the Grantee's employee, the City may review the
Cable System's technical performance as necessary to monitor the Grantee's compliance with the
provisions of this Franchise Agreement. All equipment testing under a technical performance review
shall be conducted by the Grantee.
Section 10. Cable Service.
1. Subject to the density considerations listed below, except in azeas reserved for public travel or
utility access not yet opened and accepted by the City as public Right-of-Way that the Grantee is
specifically and lawfully prohibited from deploying its Cable System by the owner/developer, the Grantee
shall provide Cable Service throughout the entire City. Areas subsequently annexed shall be provided
with Cable Service within twelve (12) months of the time of annexation.
2. Access to Cable Service shall not be denied to any group of potential cable subscribers
because of the income of the potential cable subscribers or the area in which such group resides. All
residents requesting Cable Service and living within a Standazd Installation of one hundred twenty-five
(125) feet shall have the cable installed at no more than the prevailing published installation rate. In the
event a request is made for Cable Service and the residence is more than a Standard Installation of one
hundred twenty-Five (125) feet, such installation shall be completed on a time and material cost basis for
that portion of the service line extending beyond one hundred riventy-five (125) feet.
3. Upon request through the designated City representative, the Grantee shall provide, without
charge a�d throughout the term of this Franchise Agreement, one (1) outlet, one (1) Converter, if
necessary, and Basic Cable Service and expanded Basic Cable Service (i.e. together the equivalent of
sixty (60) Channels of programming) or the future analog or digital equivalent of such Service Tiers
offered by Grantee to the City's administrative buildings as designated by the City, fire station(s), police
station(s), libraries and state accredited K-12 public and private school(s).
a. If the drop line to such building exceeds a Standard.Installation drop one hundred twenty-five
(125) feet, the Grantee will accommodate the drop up to three hundred (300) feet if the City or
other agency provides the necessary attachment point for aerial service or conduit pathway for
underground service. If the necessary pathway is not provided the City or other agency agrees to
pay the incremental wst of such drop in excess of one hundred riventy-five (125) feet or the
necessary distribution line extension of the Cable System, including the cost of such excess labor
and materials. The recipient of the Service will secure any necessary right of entry.
b. The Cable Service will not be used for commercial purposes, and the outlets will not be located
in areas open to the public excepting one (1) outlet to be located in a public lobby of any
government building that will be used by the public for viewing public, govemmental, or
educational access Channels. The City will take reasonable precautions to prevent any use of the
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Grantee's Cable System in any manner that results in inappropriate use, loss or damage to the
Cable System. Grantee hereby reserves all rights it may have under the law to seek payment from
City for liability or claims arising out of the provision and use of the Cable Service required by
this section.
c. If additional outlets of Cable Service are provided to such buildings, the building occupant will
pay the usual Installation fees, if any.
4. Grantee shall ea�tend the System to any portion of the City after the date of the Franchise
Agreement, when dwellings can be served by extension of the System past dwellings equivalent to a
density of seven (7) dwellings per one-quaRer (1/4) mile of cable contiguous to the System. Grantee may
petition the City for a waiver of this requuement, such waiver to be granted for good cause shown. Such
extension shall be at Grantee's cost. In areas not meeting the requirements of seven (7) or more dwellings
per one-quarter (1/4) mile, for mandatory e7ctension of Service, Grantee shall provide, upon the request of
any potential subscribers desiring Service, an estimate of the costs required to extend Service to such
Subscribers. Grantee shall then extend Service upon request and upon payment of an amount equal to the
reasonable value of actual time and materials to be incurred by Grantee for such extension. Any customer
drop not exceeding a Standard Installation drop of one hundred riventy-five (125) feet will be free of
charge to the customer other than normal installation fees. For drops in excess of one hundred twenty-
five (125) feet, Grantee may assess an amount equal to time and materials.
Section 11. Programmin¢.
1. All final programming decisions remain the discretion of Grantee in accordance with this
Franchise Agreement, provided that Grantee notifies City and Subscribers in writing thirty (30) days prior
to any Channel additions, deletions, or realignments, and further subject to Grantee's signal carriage
obligations hereunder and pursuant to 47 U.S.C. § 531-536, and further subject to City's rights pursuant
to 47 U.S.C. § 545.
2. Grantee will provide at least the following initial broad categories of programming to the
extent such categories are reasonably available:
a. Educational programming;
b. News, weather and information;
c. Sports;
d. Genera] entertainment including movies;
e. Children, family oriented;
£ Arts, culture and performing arts;
g. Foreign language programming; and
h. Science/dowmentary.
3. The Grantee shall offer to all Subscribers a diversity of Video Programming services and it
will not eliminate any broad categories of programming without first obtaining the written approval of the
City, such approval not to be unreasonably withheld.
4. Grantee shall notify in writing the City of its intent to eliminate any broad category of
programming noted in 11.2. The City, or its designee, shall make a determination on such request not
later than siacty (60) days after receipt of the request by Grantee. In the event that the CiTy makes an
adverse determination, such determination shall be in writing, along with a concise statement of the
reasons therefore. In the event the City fails to make a determination within sixty (60) days after receipt
of a request from Grantee, Grantee shall have the right to make the deletion contained in its written
request.
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Section 12 Rates.
1. Throughout the term of this Franchise Agreement and upon request by the City, the Grantee
shall provide an updated rate card to the City that details applicable rates and chazges for Cable Services
provided under this Franchise Agreement. This does not require the Grantee to file rates and charges
under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns.
2. Grantee shall provide a minimum of thirty (30) days' written notice to the City and each
Subscriber before changing any rates and charges.
3. City may regulate rates for the provision of Cable Service provided over the System in
accordance with applicable federal law, in particulaz 47 C.F.R. PaR 76 subpart N. In the event the City
chooses to regulate rates it shall, in accordance with 47 C.F.R. § 76910, obtain certification from the
FCC, if applicable. The City shall follow all applicable FCC rate regulations and shall ensure that
appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates
for any future Cable Services to the maximum extent allowed by law.
Section 13. PEG and Local Programmin�.
1. Commencing on the effective date of this Franchise Agreement, Grantee shall make available
one (1) full-time Non-commercial multi jurisdictional PEG Channel (the "Government Channel") for
fumre activation and joint use by the City, the City of Spokane and/or Spokane County for govemmental
access programming. The City shall provide Grantee with a minimum of forty-five (45) days prior
written notice of an initial meeting to develop an implementation plan for activation of the Govemment
Channel.
2. Grantee has historically delivered all PEG Channels available on its Cable System to its
customers in the City whether or not such Channels were direcfly controlled by the City. Commencing
on the effective date of this Franchise, and throughout the term of this Franchise, Grantee shall deliver
those PEG Channels with whom the City has contracted for service, up to a maximum of six (6)
Channels. Grantee shall continue to deliver those PEG Channels so long as the City's contracts aze valid
and the PEG Channels have content to distribute. The City shall provide copies of all PEG Channel
contracts, and contract renewals, to Grantee within thirty (30) days of execution.
3. The City acknowledges that Grantee provides additional benefits to PEG programming needs
beyond the requirement listed above. This is accomplished through the inclusion of other regional PEG
programming within the regional Channel line-up that services the Franchise Area. The Grantee will
endeavor to provide the Subscribers in the Franchise Area with the other regional PEG Channels so long
as the PEG programmers offer them for use on the Cable System.
4. All PEG Channels provided to Subscribers under this Franchise shall be included by Grantee
subject to applicable law. For all PEG Channels not under Grantee's control, Grantee shall insure that
there is no material degradation in the signal that is received by Grantee for distribution by Grantee over
the Cable System.
5. The City shall be responsible for all programming requirements for the Govemment Channel,
including but not limited to scheduling, playback, training, staffing, copyright c]earances, and equipment,
maintenance and repair, unless responsibility for administering the Govemment Channel has been
designated to a third party, which shall then become responsible for all prograznming requirements under
this section.
6. The Grantee shall provide the PEG Channels as part of the Cable Service provided to any
Subscriber, at no additional chazge. If Cha�nels aze selected through a menu system, the PEG Channels
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shall be displayed as prominently as commercial programming choices offered by Grantee. Comcast will
use reasonable efforts to minimize the movement of City-designated PEG Channel assignments and
maintain common Chacuiel assignments for compatible PEG programming.
7. At such time as the Grantee converts its Basic Cable Service Tier from an analog to a digital
format, the City's PEG Channels will be carried on the digital platform and Grantee shall install, at its
sole cost, such headend equipment to accommodate such Channels. Such PEG Channels shall be
accessed by Subscribers through use of standard digital equipment compatible with Grantee's Cable
System.
S. Within ninety (90) days of Grantee's acceptance of the Franchise, Grantee will remit to the
City as a capital contribution in support of PEG capital requirements: (1) one hundred fifty thousand
dollars ($150,000) and (2) an amount equal to thirty five cents ($035) per Subscriber per month to be
paid to the City on a quarterly basis for the life of the Franchise. Grantee will recoup the initial one
hundred fifty thousand dollazs ($150,000) in an amount equal to riventy five cents ($0.25) per Subscriber
per month until the amount is recovered in full. To be cleaz, during the recovery period, the Grantee will
remit to the City an amount equal to ten cents ($0.10) per Subscriber per month until the recovery of the
initial PEG capital contribution is completed. After completion of the initial PEG capital contribution
recovery, the Grantee will remit the entire thirty five cents ($035) per Subscriber per month to the City
until the fifth year of the Franchise. Upon the fifth yeaz anniversary date of the Franchise term, if the
Grantee accepts the full continuation of the ten (10) year term, the Grantee will remit to the City, within
ninery (90) days of the anniversary date, another upfront PEG capital contribution payment of one
hundred fifty thousand dollars ($150,000), which will be recovered, recouped, and remitted to the City in
the same marmer as the initial PEG capital conVibution payment.
The City shall allocate all amounts under this subsection to PEG capital uses exclusively. Grantee shall
not be responsible for paying the PEG capital contribution with respect to gratis or bad debt accounts.
Consistent with 47 C.F.R. § 76.922, Grantee may, in its sole discretion, add the cost of the PEG capital
contribution to the price of Cable Services and to collect the PEG capital contribution from Subscribers.
In addition, consistent with 47 C.F.R. § 76.985, all amounts paid as the PEG capital contribution may be
sepazately stated on Subscribers' bills as a City of Spokane Valley PEG capital contribution. Upon
Grantee's written request and due as agreed upon by both parties, the City shall provide the Grantee with
documentation showing expenditures for PEG capital use of the previous fiscal years' PEG capital
contribution and showing the budgeted use of the current year's PEG funding. In the event the City
cannot demonstrate that PEG capital funding was used or budgeted for PEG capital needs, Grantee's PEG
funding obligations going forward shall be reduced by an equivalent amount.
9. Within ninety (90) days of request, the Grantee shall provide an estimate of costs associated
with the construction and activation of one retum path capable of transmitting Video Programming to
enable the distribution of the City's specific government access programming to Subscribers on the multi-
jurisdictional PEG Channel. The return line shall run from a location to be determined by the City to the
Grantee's Facilities. Within two hundred seventy (270) days of the City's d'uective, the Grantee shall
Construct and activate a return line in accordance with the cost estimate previously provided. The City
agrees to pay the costs of the return line within sixty (60) days of Construction / activation and receipt of
an invoice from the Grantee.
Section 14. Institutional Network Connections Upon request of the City, the Grantee shall
investigate and provide the City a plan with a cost estimate based on either a managed nerivork or the
most cost efficient connection utilizing current technology to accommodate the City's reasonable
broadband capacity needs for a noo-commercial connection between the City's facilities. For the
purposes of this section, non-commercial means private network communications from and among the
n_�:"'__ nn e e r�,....,..,.r r�..�.te r.e.,,.6;�o Paee 10 of 27
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City and other public agencies and excludes leasing or reselling the broadband capacity to a thud party
for any purpose. After receiving a request from the City, Grantee shall provide the City a plan, including
an estimate of the Construction costs, within nineTy (90) days. The cost estimate shall include the fully
allocated Construction cost from the nearest Grantee identified fiber access location to the requested
site(s), including, but not limited to, site conshuction, fiber, labor, materials and Grantee provided
equipment. The City shall pay all of Grantee's design engineering costs associated with development of
the requested plan and cost estimate(s), if the City does not accepted the plan for Construction. To
approve the Grantee to perform the work, the City shall provide the Grantee with written authorization to
complete the connectivity Construction and a purchase order in the amount of the cost estimate. Any
connectivity Construction shall be performed and completed within six (6) months after the City
authorizes the work be performed, unless the parties agree in writing to a different completion date prior
to commencement of the work in order to accommodate special considerations of the City.
Section 15. Parental Control.
1. Grantee shall provide Subscriber controlled Lockout Devices (audio and visual) at a
reasonable charge to Subscribers upon their request.
2. As to any program which is transmitted on a Channel offered on a per Channel or per program
basis, Grantee shall block entirely the audio and video portion of such program from reception by any
Subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this
provision. •
Section 16. Recovery of Costs. Grantee shall reimburse the City for all costs of one publication
of this Franchise in a local newspaper, and required legal notices prior to any public heazing regazding this
Franchise, contemporaneous with its acceptance of this Franchise.
Section 17. Least Interference. The City shall have prior and superior right to the use of its
Rights-of-Way for installation and maintenance of its facilities and other governmental purposes. Work
by Grantee in the Right-of-Way shall be done in a manner that causes the least interference with the rights
and reasonable convenience of property owners and residents. The owners of all facilities, public or
private, installed in or on such public properties prior to the installation of the Facilities of the Grantee,
shall have preference as to the positioning and location of such utilities with respect to the Grantee. Such
preference shall continue in the event of the necessity of relocating or changing the grade of any such
Right-of-Way. Disputes beriveen the Grantee and other parties over the use, pursuant to this Franchise
agreement, of the Rights-of-Way shall be submitted to the City for recommended resolution.
This Franchise shall, in no way, prevent or prohibit the City from using any of its Rights-of-Way,
or affect its jurisdiction over them or any part of them. The City hereby retains its full police power to
make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or
vacation of same, including the dedication, establishment, maintenance, and improvement of all new
Rights-of-Way.
Section 18. Construction Standards All work authorized and requ'ved hereunder shall comply
with all generally applicable City codes and regulations. Grantee shall also comply with all applicable federal
and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality
of the work done, whether it is by itself or by contractors, assigns or agencies.
Section 19. Restoration After Construction. If in connection with the Construction, operation,
Maintenance, upgrade, repair or replacement of the Cable System, the Grantee disturbs, alters, or damages
any public or private property, the Grantee agees that it shall at its own cost and expense pay for any damage
and replace and restore any such properiy to a condition reasonably compazable to the condition e�sting
n.a:..,,..,.e no zn r,...,,..,.+r.,hio c.���6��P Pane 11 nf 27
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immediately prior to the disturbance. Whenever Grantee disturbs or damages any Right-of-Way or other
Public Property, Grantee shall complete the restoration work within a reasonable time as authorized by the
City's Public Works Director.
Section 20. Obstruction Permits Required. Grantee shall apply for and obtain appropriate
obstruction permits from the City pursuant to the Spokane Valley Municipal Code. Grantee shall pay all
generally applicable permit fees for the requisite City permits and reimburse the City for all generally
applicable fees incurred by the City in the examination, inspection, and approval of Grantee's work.
Section 21. Emer�ency Response. The Grantee shall maintain with the City an emergency
response number providing an emergency 24-hour response for the City to use in case of an emergency.
After being notified of an emergency, Grantee shall cooperate with the City and make every effort to
immediately respond with action to aid the protection the health and safety of the public.
Section 22. Hazardous Substances Grantee shall comply with all applicable state and federal
laws concerning hazardous substances relating to Grantee's Facilities in the Right—of-Way.
Section 23. Environmental. Grantee shall comply with all applicable state and federal laws
concerning enviro�unental protection relating to Grantee's Facilities in the Right�f-Way.
Section 24. Movement and Relocation of Facilities The following shall apply when it is
necessary to relocate Grantee's Facilities:
1. Relocation of Facilities at the request of a third party.
a. If any removal, replacement, modification or disconnection of the Cable System is required to
accommodate the construction, operation or repair of the facilities or equipment of another City
cable franchise holder(s), Grantee shall, after at least thirty (30) days advance written notice, take
action to effect the necessary changes requested by the responsible entity, as long as the other
cable franchise holder(s) pay for the Grantee's time and material costs associated with the project
and Grantee is issued a permit for such work by the City.
b. The Grantee shall, upon reasonable prior written request of any Subscriber, relocate its aerial
distribution cable Facilities underground, as long as the Subscriber pays for the Grantee's time
and material costs associated with the project and Grantee is issued a permit for such work by the
CiTy.
c. In the event an underground conversion of cable Facilities is required as part of the sueet
improvement condition(s) of a new land use development, not associated with a City desig�ated
capital improvement project, this Franchise shall in no way limit the Grantee's right to bill and
collect in advance all time and material costs associated with the underground comersion of the
Cable System from the Person responsible for the land use development project.
d. At the request of any Person holding a valid permit and upon reasonable advance notice and
payment by the permit holder of Grantee's expenses of such temporary change, Grantee shall
temporazily raise, lower or remove its Facilities as necessary to accommodate a permittee of the
City.
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2. Relocation at Request of the City.
a. Upon at least sixty (60) days prior written notice to Grantee, the City shall have the right to
require Grantee to relocate any part of the Cable System within the Rights-of-Way when the
safety, health or welfare of the public requires such change, and the expense thereof shall be paid
by Grantee. The City may, at its option, provide more than sixty (60) days notice. After receipt
of such notice, Grantee shall complete relocation of its Facilities at least five (5) days prior to
commencement of the project or an agreed upon date by both parties. Should Grantee fail to
remove or relocate any such Facilities by the date established by the City, the Ciry may effect
such removal or relocation, and the expense thereof shall be paid by Grantee, including all costs
and expenses incuned by the City due to Grantee's delay. If the City requires Grantee to relocate
its Facilities located within the Rights-of-Way, the City shall make a reasonable effort to provide
Grantee with an altemate location within the Right-of-Way. If public funds aze available to any
Person using such Rights-of-Way for the purpose of defraying the cost of any of the foregoing,
the Grantee may make application for such funds.
b. In the case of relocation projects where the City hires and designates an independent
conffactor to accommodate and coordinate conversion of overhead utilities within a City capital
improvement project, then the Grantee shall participate in the joint trenching portion of the
project, and Grantee shall pay to the Grantee's portion of the traffic control and trench costs,
including excavation and other associated costs, trench bedding, and backfill commensurate with
Grantee's proportionate share of trench usage. Aowever, if bids from the City or iYs designated
contractor for placement of Grantee's conduits and vaults/pedestals in the supplied joint trench, in
the reasonable estimation of the Grantee are not acceptable, the Grantee shall have the option to
utilize contractor(s) of its choice to complete the required work, so long as use by Grantee of its
contractor(s) does not delay the City project. The City or iYs designated contractor shall
coordinate with the Grantee's contractor(s) to provide reasonable notice and time to complete the
placement of the Grantee's Facilities in the supplied joint trench.
c. Nothing in this Franchise shall prevent the City from constructing any public work or capital
improvement. Further, the City shall have the right to require Grantee to relocate, remove,
replace, modify or disconnect Grantee's Facilities and equipment located in the Rights-of-Way or
on any other property of the City in the event of an emergency or when necessary to protect or
further the health, safety or welfare of the general publiq and such work shall be performed at
Grantee's expense. Following notice by the City, Grantee shall relocate, remove, replace, modify
or disconnect any of its Facilities or equipment within any Right-of-Way, or on any other
property of the City.
d. If the Grantee fails to complete the above work within the time prescribed by the City, given
the nature and extent of the work, or if it is not done to the City's reasonable satisfaction, the City
may cause such work to be done and bill the reasonable cost of the work to the Grantee, including
all reasonable costs and expenses incurred by the City due to Grantee's delay. In such event, the
City shall not be liable for any damage to any poRion of Grantee's Cable System. Grantee shall
pay the City within ninety (90) days of receipt of an itemized list of those costs. The City shall
give consideration to any circumstances outside the Grantee's control preventing Grantee's
completion of work.
Section 25. Tree Trimmin¢. The Grantee shall have the authority to conduct pruning and
trimming for aceess to Cable System Faciliries in the Rights-of-Way subject to compliance with the City
Code. All such trimming shall be done at the Grantee's sole cost and expense. The Grantee shall be
responsible for any damage caused by such trimming.
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Section 26. Vacation. The CiTy may vacate any City road, Right-of-Way or other City
property which is subject to rights granted by this Franchise, but the Grantee shall be provided notice of
such vacation proceedings and the opportuniTy to secure future use rights as allowed under the City's
Municipal Code.
Section 27. Abandonment of Grantee's Facilities. No Facility Constructed or owned by
Grantee may be abandoned without the express writte� consent of the City.
Section 28. Maps. Books, and Records.
1. Grantee shall provide to the City upon request:
a. A route map that depicts the general location oFthe Cable System Facilities placed in the Rights-
of-Way. The route map shall identify Cable System Facilities as aerial or underground and is not
required to depict cable types, number of cables, electronic equipment, and service lines to individual
Subscribers. The Grantee shall also provide, if requested, an electronic format of the
aeriaUunderground Facilities in relation to the Right-of-Way centedine reference to allow the CiTy to
add this information to the City's GIS program; and
b. A copy of all FCC filings which relate to the operation of the Cable System in the Franchise Area.
2. To the extent such requests aze limited to specific Facilities at a given location within the
Franchise area in connection with the construction of any City project, Grantee shall cooperate with the
City , upon the City's reasonable request, to field locate its Facilities in order to facilitate design and
planning of City improvement projects.
3. The City has the right to inspect books and records of Grantee, which are reasonably necessary
to monitor the Grantee's compliance with the provision of Cable Services under this Franchise
Agreement. Within receipt of written notice from the City to inspect the Grantee's books and records
under this section, the Grantee shall within five (5) business days or a mutually agreeable date and time,
accommodate the City's request at the Grantee's business office in the City, during Normal Business
Hours, and without unreasonably interfering with the Grantee's business operations. All such documents
pertaining to financial matters shall be preserved and maintained in accordance with Grantee's standard
record retention policy except for financial records which are govemed by Section 4.4.
4. The City has the right to request a copy of the books and records that are not identified as
proprietary or confidential. For purposes of this section, the terms "proprietary or confidential" include,
but are not limited to, information relating to the Cable System design, customer lists, marketing plans,
financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules, or other
information that is reasonably determined by the Grantee to be competitively sensitive.
a. The City shall have a right to inspect but the Grantee shall not be required to release
information that it reasonably deems to be proprietary or confidential in nature provided that this
shall not prevent the release of such proprietary or confidential documents for purposes of any
enforcement proceeding where appropriate legal steps are available to address Grantee's concems
regarding confidentiality. The City agrees not to oppose any of the Grantee's requests for
confidentiality. In the event the Grantee asserts that certain information is proprietary or
confidential in nature, the Grantee shall identify generally the information which it deems
proprietary and confidential and the reasons for its confidentiality in writing to the City. Each
page of such information provided will be cleazly mazked as "proprietary and confidential." The
City agrees to treat any information disclosed by the Grantee as confidential and only to disclose
nrdinance 09-34 Comcast Cable Franchise . . . Page 14 of 27 __
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it to those employees, representatives, and agents of the City that have a need to know in order to
enforce this Franchise Agreement and who agree to maintain the confidentiality of all such
information. The Grantee shall not be required to provide customer information in violation of
Section 631 of the Cable Act or any other applicable federal or state privacy law.
b. Grantee acknowledges that information submitted to the City may be subject to inspection and
copying under the Washingto� Public Disclosure Act codified in RCW 42.56. The City agrees to
timely provide the Grantee with a copy of any public disclosure request to inspect or copy
documentation/information which the Grantee has provided to the City and marked as
"proprietary and confidential" prior to allowing any inspection and/or copying as well as provide
the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its
written basis for non-disclosure of the requested documentation/information. In the event the
Ciry disagrees with the Grantee's basis for non-disclosure, the City agrees to withhold release of
the requested documentation/information in dispute for a reasonable amount of time to allow
Grantee an opportunity to file a legal action under RCW 42.56.540.
Section 29. R eports.
1. File for Public Inspection. Throughout the term of this Franchise Agreement, the Grantee
shall maintain at its business office, in a file available for public inspection during Normal Business
Hours, those documents required pursuant to the FCC's rules and regulations.
2. Complaint File and Reports. Grantee will keep an accurate and comprehensive file of all
Complaints regarding the System and Grantee's actions in response to those Complaints in a manner
consistent with the privacy rights of Subscribers. Upon thirty (30) days written request, Grantee will
provide a report to the City that contains total number and summary of all Complaints received by
category, length of time taken to resolve and action taken to provide resolution.
3. Annual Report. No later than Mazch 31st of each year, if requested by the City, Grantee shall
file a written report with the City, which shall include:
a. a summary of the previous calendar year's activities in development of this System, including
but not limited to Services begun or dropped, number of Subscribers (including gains and losses),
homes passed, and miles of cable distribution plant in service (including different classes if
applicable);
b. a Gross Revenue statement for the preceding fiscal year and all deductions and computations
for the period, and such statement shall be reviewed by a ceRified public accountant, who may
also be the chief financial ofFicer or controller of Grantee;
c. a current statement of cost of any Construction by component category;
d. a summary of Complaints, identifying the number and nature of Complaints and their
disposition;
e. if a Grantee is a corporation, a list of officers and members of the boazd and the officers and
boazd members of any parent corporation;
f. a list of all parhiers or stockholders holding one percent or more ownership interest in a Grantee
and any pazent corporation; provided, however, that when any parent corporation has in excess of
one thousand shazeholders and its shazes are publicly traded on a national stock exchange, then a
list of the twenty lazgest stockholders of the voting stock of such corporation shall be disclosed;
Ordinance 0934 Comcast Cable Franchise Page 15 of 27
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g. a copy of all of a Grantee's written rules and regulations applicable to Subscribers and users of
the Cable System;
h. any additional information related to operation of the Cable System as reasonably requested by
the City.
4. Customer Service Reports. Grantee shall maintain a quarterly compliance report specific to the
System in the Franchise Area and shall provide such report to the City at the request of the City. Such
report shall demonstrate Grantee's compliance with the customer service standazds set forth herein.
5. Grantee shall, upon request of the City, make available to the Public Works Director a
description of Construction plans for the following twelve months.
6. Grantee shall, upon request of the City, make available a copy of the final report on each proof
of performance test of each technical parameter defined in Part 76 of the Rules and Regulations of the
FCC.
Section 30. Customer Service Standards
1. The Grantee shall comply in all respects with the customer service standards contained herein.
2. Grantee shall comply at all times with all applicable federal, state and local laws and
regulations regarding discrimination, as adopted or amended.
3. In providing Service, Grantee shall maintain a convenient local customer service location in
either the City of Spokane or the Ciry for receiving Subscriber payments, handling billing questions,
equipment replacement and dispensing customer service information. Also, the Grantee will endeavor to
accommodate a bill payment location in the City as long as there is an aweptable 3` party vendor
available to support the service in accordance with the Grantee's business practices.
4. When similaz Complaints have been made by a number of Subscribers, or where other
evidence exists which, in the reasonable judgment of the City, casts doubt on the reliability or quality of
the Cable Service, the City, notwithstanding any other provisions of this Franchise Agreement, shall have
the right and authority to require that Grantee test, analyze and report on the performance of the System
relative to applicable technical standazds of the FCC. Upon 30-day prior written notice from the City, the
Grantee shall fully cooperate with the Ciry in performing such testing and shall prepare a written report of
the results, if requested.
5. Grantee shall satisfy the consumer protection and service standazds as outlined below during
the term of this Franchise Agreement.
a. Cable System office hours and telephone availability:
i. Grantee will maintain a local, toll-free or collect call telephone access line which will
be available to its Subscribers riventy-four hours a day, seven days a week.
1. Trained Grantee representatives will be available to respond to customer
telephone inquiries during Normal Business Hours.
2. After Normal Business Hours, the access line may be answered by a service
or an automated response system, including an answering machine. Inquiries
n.a:.,�.,�P n0_4d!`nmract Cahle Franchice Page 16 of 27 _
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received after Normal Business Hours must be responded to by a trained Grantee
representative on the nea�t business day.
ii. Under Normal Operating Conditions, telephone answer time by a customer
representative, including wait time, shall not exceed thirty seconds when the connection
is made. If the call needs to be transferred, Vansfer time shall not exceed thirty seconds.
These standazds shall be met no less then ninety percent of the tune under Normal
Operating Conditions, measured on a quarterly basis.
iii. Grantee shall possess equipment to measure compliance with the telephone
answering standazds above.
iv. Under Normal Operating Conditions, the customer will receive a busy signal less than
three percent of the time.
v. Customer service center and bill payment locations will be open at least during
Normal Business Hours.
b. Installations, Outages and Service Calls. Under Normal Operating Conditions, each of the
following standards will be met no less than ninety-five percent of the time measured on a
quarterly basis:
i. Standard Installations will be performed within seven business days after an order has
been placed.
1. The "appointment window" alternatives for installations, service calls and
other installation activities will be either a specific time or, at maximum, a four-
hour time block during Normal Business Hours. (Grantee may schedule service
calls and other installation activities outside of Normal Business Hours for the
express convenience of the customer.)
2. Grantee may not cancel an appointment with a customer after the close of
business on the business day prior to the scheduled appointment.
3. If Grantee's representative is running late for an appointment with a customer
and will not be able to keep the appointment as scheduled, the Grantee shall use
its best efforts to contact the customer prior to the time of the scheduled
appointment. The appointment will be rescheduled, as necessary, at a time which
is convenient for the customer.
4. Under Nortnal Operating Conditions, if Grantee cannot perform installations
within the times specified in applicable customer standards, the Grantee shall
offer the Subscriber a credit equal to the chazge for a Standard Installation or
other compensation of equal or greater value. For non-Standard Installation,
Grantee shall attempt to contact a Subscriber requesting an estimate of chazges
within seven business days of receiving the request by the Subscriber. This
subsection does not apply to the introduction of new products and services when
Grantee is utilizing a phased introduction.
ii. Excluding conditions beyond the control of Grantee, Grantee will begin working on
"Service Interruptions" promptly and in no event later than twenty-four hours afrer the
Ordinance 09-34 Comcas[ Cable Franchise Page 17 of 27
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interruption becomes known. Grantee must begin actions to correct other Service
problems the next business day afrer notification of the Service problem. Grantee shall
resolve all Service Interruptions to the extent reasonably possible within forty-eight hours
under Normal Operating Conditions.
1. In those cases where Service is not restored within twenty-four hours due to
unusual circumstances, the reasons for the delay shall be fully documented in an
outage log.
2. Under Normal Operating Conditions, if after twenty-four hours Service is not
restored to a Subscriber, Grantee shall, upon a Subscriber's request, provide a
refund or credit or other compensation of equal or greater value.
3. As Subscribers are connected or reconnected to the System, Grantee shall, by
appropriate means such as a card or brochure, furnish general Subscriber
information (including, but not limited to, terms of Service and procedures for
making inquiries or Complaints, including the name, address and local telephone
number of the employee or employees or agent to whom such inquiries or
Complaints aze to be addressed) and furnish information concerning the City
office responsible for the administration of the Franchise Agreement, including
the address and telephone number of said office.
a Communications between Grantee and Subscribers.
i. Notifications to Subscribers.
1. Grantee shall provide written information on each of the following areas at the
time of installation of Service, at least annually to all Subscribers, and at any time
upon request to Subscriber or the City:
a. Products and Services offered.
b. Prices and options for programming services and conditions of
subscription to programming and other services.
c. Installation and Service Maintenance policies.
d. Instructions on how to use the Cable Service.
e. Channel positions of the programming carried on the System; and
f. Billing and Complaint procedures, including the address and
telephone number of the City.
ii. Rate/Programming Changes.
1. Subscribers will be notified of any changes in rates, programming services or
Channel positions as soon as possible in writing. Notice must be given to
Subscribers a minimum of thirty days in advance of such changes if the changes
aze within the control of the Grantee. In addition, the Grantee shall notify
Subscribers thirty days in advance of any significant changes in the other
n.,�;..�n,.P 00_Zd f nmract f ahlr Franrhice Pa¢e 18 of 27
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information required by this section. Grantee shall not be requued to provide
prior notice of any rate changes as a result of a regulatory fee, franchise fee or
other fees, ta7c, assessment or charge of any kind imposed by any federal agency,
state or City on the transaction between the Grantee and the Subscriber.
2. The City recognizes that the Grantee voluntazily provides a qualified discount
program for senior and disabled customers. The Grantee commits that it will
continue the program over the term of the Franchise. The Grantee will notify the
City and customers regazding changes to the existing qualified discount program
consistent with the above notification requirements.
3. All programming decisions remain the discretion of Grantee in accordance
with this Franchise Agreement, provided that Grantee notifies City and
Subscribers in writing thirty days prior to any Channel additions, deletions or
realignments directed to each Subscriber individually through mailed notice or as
an insert or addendum to the Subscriber's monthly bill, email or other means
reasonably calculated to give the Subscriber and the City advanced notice, and
further subject to Grantee's signal carriage obligations hereunder and pursuant to
47 U.S.C. § 531-536, and further subject to City's rights pursuant to 47 U.S.C. §
545. Location and relocation of the PEG Channels shall be govemed by this
Franchise Agreement, and further to the programming category requirements
contained within this Franchise Agreement.
iii. Billing.
1. Bills will be clear, concise and understandable. Bills must be fully itemized,
with itemizations including, but not limited to, basic and Premium Service
charges and equipment charges. Bills will also clearly delineate all activity
during the billing period, including optional charges, rebates and credits.
2. Billing Complaints shall be responded to promptly, but in no event later than
within seven days of receipt.
iv. Refunds. Refund checks will be issued promptly, but no later than either:
1. the Subscriber's next billing cycle following resolution of the request or thirty
days, whichever is earlier; or
2. the retum of the equipment supplied by Grantee if Service is terminated.
v. Credits. Credits for Service will be issued no later than the Subscriber's next billing
cycle following the determination that a credit is warranted.
vi. Subscriber Charges. A list of Grantee's current Subscriber rates and charges for
Cable Service shall be maintained on file with CiTy and shall be available for public
inspection.
6. The Grantee shall comply with all applicable federal and state privacy laws, including Section
631 of the Cable Act and regulations adopted pwsuant thereto.
(lydinanrr. OQAd Cmmcact Cahle Franchise Paee 19 of 27
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Section 31. Cable Advisorv Board. City reserves the right to maintain a Cable Advisory
Board over the term of this Franchise Agreement for advisory purposes only. The Grantee agrees to
cooperate with reasonable requests for information, tivough the designated City representative, to support
the Cable Advisory Board.
Section 32. Ciri Ordinances and Re�ulations. Grantee, through this Franchise, is granted the
right to operate its Cable System using the Rights-of-Way within the Franchise Area. Such use must be in
compliance with generally applicable Municipal Code and Regulations.
In the event of a conflict between the Municipal Code and Regulations and this Franchise, this Franchise shall
control subject to the limitation of the City's exercise of the police powers set forth below. Subject to federal
and state preemption, the material terms and conditions contained in this Franchise may not be unilaterally
altered by the CiTy through subsequent amendments to any ordinance, regulation, resoluUon or other
enactment of the City, except within the lawful exercise of the City's police power. Grantee has the right to
challenge any City ordinance or regulation that wnflicis with its rights under this Franchise. Crrantee
aclmowledges that its righu hereunder are subject to the police powers of the Ciry to adopt and enforce
ordinances necessary to protect the health, safery and welfare of the public, and Grantee agrees to comply
with all applicable laws and ordinances enacted by the City pursuant to such power so long as the same do
not unduly discriminate against Grantee.
Section 33. Franchise A¢reement and Modification. This Franchise Agreement is a contract
between the City and the Grantee, negotiated in good faith and binding upon both parties. The City and
Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this Franchise upon
written agreement of both parties.
Section 34. Indemnification. The Grantee shall, at its sole cost and expense, indemnify and
hold harmless the City, its officials, boazds, wmmissions, agents and employees against any and all third
party claims, suits, causes of action, proceedings, and judgments for injury, loss, or damage azising out of
the Construction, reconstruction, use, operation, ownership and Maintenance of the Cable System under
this Franchise Agreement, except that no such requirement shall apply where such claims, suits, causes of
actions, proceedings, and judgments for damage aze occasioned by the active negligence, gross
negligence or intentional acts of the City or its officials, boazds, commissions, agents and employees
while acting on behalf of the City. These damages shall include, but not be limited to, claims made
against the City by the Franchisee's employees from which the Franchisee would otherwise be immune
under Title 51 RCW, penalties arising out of copyright infringements and damages arising out of any
failure by the Grantee to secure consents from the owners, authorized distributors or ►icensees of
programs to be delivered by the Grantee's Cable System whether or not any act or omission complained
of is authorized, allowed, or prohibited by this Franchise Agreement. Indemnified expenses shall include,
but not be limited to, all out-of-pocket expenses, such as costs and attomeys' fees, and shall also include
the reasonable value of any services rendered by the City Attorney, Assistant City Attomeys or any
outside consultants employed by the City. Grantee shall not be requued to provide indemnification to
City for programming cablecast over the Access Channel administered by City.
The City shall give the Grantee timely written notice of any claim or of the commencement of any action,
suit or other proceeding covered by the indemnity in this section, but failure to give notice is not a defense
to the indemnification obligations except to the extent of actual prejudice. In the event any such claim
azises, the City or any other indemnified party shall tender the defense thereof to the Grantee and the
Grantee shall have the obligation and duty to defend, through services of competent counsel satisfactory
to the City, settle or compromise any claims arising thereunder. If the City determines that it is necessary
for it to employ separate counsel, the costs for such separate counsel shall be the responsibiliTy of the
City.
Ordinance 09-34 Comcast Cable Franchise Page 20 of 27
DRAFT
Section 35. Insurance.
1. Upon the granting of this Franchise Agreement and following simultaneously with the filing of
the acceptance of this Franchise Agreement and at all times during the term of this Franchise Agreement,
the Grantee shall obtain, pay all premiums for, and deliver to the City, written evidence of payment of
premiums for and a certificate of insurance, naming the CiTy as an additional insured, with a company
licensed to do business in the State of Washington with a rating by A.M. Best and Co. of not less than
"A" or equivalent, for the following:
a. A comprehensive commercial or general liabiliry insurance policy or policies, issued by an
insurance carrier licensed to do business in the State of Washington. Said policy or policies shall
pay on behalf of and defend the City, its officials, boards, commissions, agents or employees
from any and all claims by any Person whatsoever (including the costs, defense costs, attorneys'
fees and interest arising therefrom) on account of personal injury, bodily injury or death of a
Person or Persons or damages to property occasioned by the operations of the Grantee under this
Franchise Agreement, or alleged to have been so caused or occurred, with a minimum combined
single limit of One Million and No/100 Dollars ($1,000,000) per occurrence and $2,000,000
general aggregate for personal injury, bodily injury and property damage.
b. A comprehensive automobile liability insurance policy or policies, issued by an insurance
carrier licensed to do business in the State of Washington. Said policy or policies shall pay on
behalf of and defend the City, its officials, boazds, commissions, agents or employees from any
and all claims by any Person whatsoever (including the costs, defense costs, attomeys' fees and
interest arising therefrom) for bodily injury and property damage occasioned by any vehicle
operation of the Grantee, or alleged to have been so caused or occurred, with a minimum liabiliTy
of One Million and No/100 Dollazs ($1,000,000) per Person and Five Million and No/100 Dollars
($5,000,000) in any one (i) accident or occurrence.
2. Not less than thirty (30) days prior to its expiration, Grantee shall deliver to CiTy, a substitute,
renewal or replacement policy or bond conforming to the provisions of this Franchise Agreement.
Section 36. Perfortnance Bond.
1. Within sixty (60) days of the effective date of this Franchise, Grantee will provide a
performance bond to the City, in the total sum of $250,000.00 which will remain in effect for the term of
this Franchise. The performance bond is to ensure the faithful performance of Grantee's obligations
under the Franchise including the payment by the Grantee of any penalties, claims, liens, fees, or tases
due the City which arise by reason of the operation, Maintenance, or Construction of the Cable System
within the Franchise Area.
2. If the Franchise is terminated, or upon expiration or renewal, or transfer of the Franchise, the
City will retum the original bond or sign the necessary documentation to release the bond promptly if
Grantee does not owe funds to the City or is not in default of a material provision of the Franchise.
Section 37. Remedies to Enforce Compliance.
1. This section does not apply to revocation of the Franchise Agreement. Whenever the City
seeks to enforce the Franchise Agreement, it shall first provide written notice to the Grantee of the nature
of the problem and requested action, together with any applicable time frame for response. Any time
limits here or elsewhere in the Franchise Agreement may be modified by written stipulation of the City
and Grantee, except time limits relating to revocation of this Franchise Agreement or where otherwise
required by law must be approved by the City Council.
Ordinance 09-34 Comcast Cable Franchise Page 21 of 27
DRAFT
2. Except in case of urgency or public need relating to management of the public Right-of-Way
as reasonably determined by the City, the Grantee has thirty (30) days from receipt of such notice to
respond in writing to the City official sending the notice:
a. contesting it; or
b. accepting it and agreeing to cure as requested within time limits specified; or
c. requesting additional time or other modifications. In such event, Grantee shall promptly take
all reasonable steps to cure the default, keeping the City informed as to the steps to be taken and a
projected completion date.
3. If the City is not satisfied with the Grantee's response, both parties shall meet informally to
discuss the mattec If these discussions do not lead to resolution of the problem, the City shall notify the
Grantee in writing. Grantee may thereafter request a hearing thereafrer as provided in this Franchise.
4. No provision of this Franchise affects the right of either party to seek judicial relief from a
violation of any provision of this Franchise, or any regulation or directive under this Franchise. The
existence of other remedies under this Franchise does not limit the right of either party to recover
monetary damages, or to seek judicial enforcement of obligations by specific performance, injunctive
relief or mandate, or any other remedy at law or in equity.
Section 38. Liauidated Damaees.
1. Because Grantee's failure to comply with the provisions of this Franchise Agreement will
result in damage to the City and because it will be impractical to determine the actual amount of such
damages, the CiTy and Grantee hereby agree upon and specify certain amounts set forth hereafter in this
section which represent both parties' best estimate of the damages. Penalties associated with franchise
fee non-payments are not subject to this section.
2. The City shall specify any damages subject to this section and shall include such infortnation in
the notice sent to Grantee required under Section 37. Such a notice may provide for damages sustained
prior to the notice where so provided, and subsequent thereto pending compliance by Grantee.
3. To the extent that the Ciry elects to assess liquidated damages as provided in this section and
such liquidated damages have been paid, the parties agree that this shall be the City s sole and exclusive
damage remedy in lieu of actual damages; provided, that this shall not limit the right of ihe CiTy to seek
equitable or other relief as reserved in Section 39.
4. Unless otherwise provided, liquidated damages do not accrue after the timely filing of a
request for heazing by Grantee until the time of a decision from the heazing. Nothing in this section
prevents the parties from settling any dispute relating to liquidated damages by mutua] stipulation.
5. Grantee may cure the breach or violation within the time speciFied to petition for review to the
City's satisfaction, whereupon no liquidated damages aze assessed.
6. After fulfilling the procedure required under Section 37, Grantee has thirty (30) days to pay
such amounts, or Grantee may seek review of any assessment of liquidated damages under Section 39.
Liquidated damages shall be immediately payable from the performance bond, if review is not sought or
if not paid within the thirty (30) day period by the Grantee.
n.di����P n9.'id Cmmract Cahle Franchise Page 22 of 27
DRAFT
7. Schedule of Liquidated Damages. Liquidated damages are set as follows. All amounts accrue
per day but not beyond the number of days to exceed the amount of $10,000 per twelve (12) month period
unless specifically provided. Nothing requires the City to assess liquidated damages, acting in its sole
discretion, but such event does not operate as waiver or estoppel upon the City.
8. Pursuant to the requirements outlined herein, liquidated damages shall not exceed the
following amounts:
a. five-hundred dollazs ($500.00) per day for failure to provide cable service as promised in
Section 9 of this Franchise Agreement; one-hundred dollars ($100.00) per day for material
departure from the FCC technical performance standards; fifty dollazs ($50.00) per day for failure
to provide the PEG Channel or any PEG Fee related thereto which is required hereunder; one-
hundred dollars ($100.00) per day for each material violation of the Customer Service Standards;
twenty five dollars ($25.00) per day for failure to provide reports or notices as required by this
Franchise; and one hundred dollars ($100.00) per day for any material breaches or defaults not
enumerated herein.
b. Where Grantee has three (3) or more of the same violation or breach events (an "evenY' may
involve multiple customers, but is discrete in time or circumstances) within any rivelve (12)
month period, all applicable damages amounts are doubled.
Section 39. Hearin s. Grantee may request a hearing as follows:
1. Grantee files a written request within fourteen (14) days of receipt of a decision it wants
reviewed with the City Manager. The request does not stay the effect of the decision or obligation to
comply or exercise of any remedy available to the City except as othenvise provided. The City Manager
may conduct the heazing or appoint an altemate heazings officer, who shal] not be the Person issuing the
order or such Person's subordinate. For matters exceeding $25,000 reasonably estimated value in
controversy as determined by the City Manager, the Grantee may file a request that the City Hearings
Examiner conduct the hearing. A reasonable filing fee may be set by the Hearings Examiner or generally
applicable ordinances.
2. The hearing may be informal and shall be conducted within riventy (20) days, with at least ten
(10) days prior notice to both sides. The official conducting the hearing is responsible to keep a record of
any materials submitted and shall record the hearing by video or audio tape, for matters exceeding
$25,000 reasonable estimated value amount in controversy. A written decision shall be issued within ten
(10) days. Either parry may appeal the decision to a court of competent jurisdiction within thirty (30)
days.
3. Except where othenvise provided, at the conclusion of the City hearings process, if Grantee
remains in default, it shall correct said default in fifteen (15) days or as otherwise ordered by the City. In
the event the Grantee does not cure within such time to the City's reasonable satisfaction, the City may:
a. seek specific performance of any provision that reasonably lends itself to such remedy as an
altemative to damages, or seek other equitable relief; and/or
b. assess liquidated damages resulting from Grantee's default if not already done or await the
conclusion of the judicial process.
4. Where Grantee seeks judicial review and ultimately prevails, any money judgment against the
City shall be paid or may thereafter be offset by Grantee, in Grantee's discretion, against further franchise
Ordinance 09-34 Comcast Cable Franchise Page 23 of 27
DRAFT
fee payments due to the City. In such event, Grantee shall notify the City at least sixty (60) days prior to
apply the offset.
5. Nothing herein limits the City's right to seek to revoke this Franchise Agreement in accordance
with Section 40.
Section 40. Revocation
1. The City may revoke this Franchise Agreement and rescind all rights and privileges associated
with this Franchise Agreement in the following circumstances:
a. Grantee abandons the Cable System, fails to cure a non-payment of a quarterly franchise fee
within 30 days of the required payment date, or terminates the Cable System's operations; or
b. Grantee has a pattern of failing to perform the material obligations listed under Section 38.8 of
this Franchise Agreement; or
a Grantee attempts to evade any material provision of this Franchise Agreement or practices any
fraud or deceit upon the City or Subscribers.
2. Prior to revocation of the Franchise Agreement, the City shall give written notice to the
Grantee of its intent to revoke the Franchise Agreement, setting forth the exact nature of the
noncompliance. The Grantee shall have thirty (30) days from such notice to object in writing and to state
its reasons for such objection and provide any explanation. In the event the City has not received a timely
and satisfactory response from the Grantee, it may then seek a revocation of the Franchise Agreement by
the City Council in accordance with this section.
3. The Grantee may file a revocation hearings request within 14 days of the City's written notice
of intent to revoke the franchise with the City Hearings Examiner. A reasonable filing fee may be
required pursuant to generally applicable ordinances. Any revocation hearing under this subsection shall
be consistent with Spokane Valley Municipal Code 17.90, except as specifically set forth below. This
shall provide the Grantee a fair opportunity for full participation, including the right to be represented by
legal counsel, and to introduce evidence. Within 20 days of the hearing, the Hearing Examiner shall issue
a recommendation to the City CounciL At the next available City Council meeting with notice provided
to the Grantee, the City Council shall review the CiTy Heazing Examiner's record and recommendation,
allowing the Grantee an opportunity to state its position on the matter reserving the right to set reasonable
tune limits. Within sixry (60) days after the review, the City Council shall determine whether to revoke
the Franchise Agreement; or if the breach at issue is capable of being cured by the Grantee, direct the
Grantee to take appropriate remedial action within the tune and in the manner and on the terms and
conditions that the City Council determines are reasonable under the circumstances. The City Council
shall issue a written decision and shall transmit a copy of the decision to the Grantee. Any appeal of the
decision by the Ciry Council shall be to Spokane County Superior Coud within thirty (30) days of
adoption of the decision. Upon timely appeal, the effect of the revocation is stayed pending final judicial
resolution, but this shall not affect accrual of penalties or the right of the City to take any other
enforcement action, including curing the default at Grantee's expense and liability, also subject to judicial
review. The parties shall be entiUed to such relief as the court may deem appropriate.
4. The Council may in its sole discretion take any lawful action that it deems appropriate to
enforce the City's rights under the Franchise Agreement in lieu of revocation.
n.di�o..rn f10Ad f nmract Cahle Franchise Page 24 of 27
DRAFT
Section 41. Conditions of Sale. If a renewal of this Franchise Agreement is denied or the
Franchise Agreement is lawfully terminated, and the City lawfully acquires ownership of the Cable
System or by its actions lawfully effects a transfer of ownership of the Cable System to another Person,
any such acquisition or transfer shall be at a price determined pursuant to the provisions of the Cable Act.
Secrion 42. Transfer of Ri�hts. This Franchise may not be assigned or transferred without
the written approval of the Ciry pursuant to the provisions of the Cable Act. However, Grantee can assign
or transfer this Franchise without approval of but upon notice to the City to any pazent, affiliate or
subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee,
by merger, sale, consolidation or otherwise and for transfers in trust obtained to finance Construction or
operations of a Cable System by pledging the System as collateral..
Section 43. Acceptance. Not later than sixty days after passage and publication of this
Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an unconditional
written acceptance thereo£ Failure of Grantee to so accept this Franchise within said period of time shall
be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the
expuation of the sixty days period, absolutely cease, unless the time period is extended by ordinance duly
passed for that purpose.
Section 44. Force Majeure. The Grantee shall not be held in default under, or in
noncompliance with, the provisions of this Franchise agreement due to acts of God or impossibility of
performance as recognized in the common law of the State of Washington, to the extent and for such
period as such conditions persist. For purposes of enforcement, conditions outside of Norma] Operating
Conditions are a basis to excuse Grantee's performance, but only to the extent and for such period as such
conditions persist. Conditions outside Normal Operating Conditions may also excuse other Franchise
obligations where they efFectively render performance infeasible or impossible, to the extent and for such
period as such conditions persist, but this does not apply as to conditions within the Grantee's reasonable
control.
Section 45. Severabiliri. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance. In the event that any of the provision of the Franchise aze held to be invalid by
a court of competent jurisdiction, the Franchise may be modified upon ageement by both parties.
Section 46. Renewal. Any renewal of this Franchise Agreement shall be governed by and
comply with the provisions of the Cable Act (47 U.S.C. § 546), as amended.
Section 47. Notice. Any notice or information requued or permitted to be given by or to the
parties under this Franchise may be sent to the following addresses unless othenvise specified, in writing:
The Ciry: City of Spokane Valley
Attn: City Clerk
11707 E. Sprague, Suite 106
Spokane Valley, WA 99206
Grantee: Comcast of Pennsylvania/Washington/West Virginia LP
Attn: Ken Watts, General Manager
1717 East Buckeye Avenue
Spokane, Washington 99207
Ordinance 09-34 Comcast Cable Franchise PaRe 25 of 27
DRAFT
With a copy to:
Comcast of Washington N, Inc.
15815 25th Avenue
Lynnwood, WA 98087
Attention: Franchising Department
Section 48. Choice of Law. Any litigation between the City and Grantee arising under or
regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in
the federal courts, in the United States District CouR for the Eastern District of Washington.
SecHon 49. Non-Waiver. The failure of either party at any time to require performance by
the other of any provision oF this Franchise will in no way affect the right of the other party to enforce the
Franchise. The waiver by either party of any breach of any provision is not a waiver of any succeeding
breach of such provision, or as a waiver of the provision itself or any other provision.
Section 50. Entire A�reement. This Franchise constitutes the entire understanding and
agreement beriveen the parties as to the subject matter herein and no other agreements or understandings,
written or otherwise, shall be binding upon the parties upon execution and acceptance hereo£ This
Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the Right-of-
Way as herein described.
Section 51. Counterparts. This Franchise Agreement may be executed in several
counterparts,'each of which when so executed shall be deemed to be an original copy, and all of which
together shall constitute one agreement binding on all parties hereto, norivithstanding that all parties shall
not have signed the same counterpart.
SecHon 52. Effective Date This Ordinance shall be in full force and effect five days afrer
publication of the ordinance or a summary thereof occurs in the official newspaper of the City of Spokane
Valley as provided by law.
PASSED by the City Council this day of , 20D9.
Richazd M. Munson, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attomey
Date of Publication:
Effective Date:
n_a:...,..,,e no_vn r,...,�.,�. r�1.1P �.�.,�ti��P Paae 26 of 27
DRAFT
Accepted by Comcast of Pennsylvania/Washington/West Virginia LP,
By:
By:
The Grantee, Comcast of Pennsylvania/Washington/West Virginia. A limited partnership
company, for itself, and for its successors and assigns, does accept all of the terms and conditions of the
foregoing Franchise.
IN WITNESS WHEREOF, has signed this day of_
, 2009.
Subscribed and swom before me this _ day of , 2009.
Notary Public in and for the State of Washington,
residing in
My commission expires
n.a:.,,,..,.e no an r�,...,�.,�. r„�.ie r..,....w;�e n.,,.e oa ,.vov
Cable Franchise I�enewal Facts
❑ Council approved the continuation of the current
franchise until such time as the new franchise
agreement takes effect or until such time as a franchise
renewal is denied.
❑ Comcast has invoked the formal process, but
concurrently negotiates via the informal process.
❑ Cable franchises and the cable franchise renewal
process are regulated by the Cable Act of 1984 under
section 626 (47 USC 546).
June 9, 2009 2
What Can the City �Zegulate?
❑ Signal quality.
❑ Customer service standards.
❑ Standards for use of public right-of-way.
❑ Agreed-upon or voluntarily contracted for broad
categories of video programming.
❑ Build-out requirements.
❑ Funding for PEG (local) programming.
❑ Other negotiated terms of the franchise agreement.
June 9, 2009
3
Franchise Process
❑ Ascertainment Phase
■ Past Performance Evaluation
❑ Citizen Survey
■ Future Community Needs Assessment
❑ Technical Review
❑ Negotiations
June 9, 2009 4
Ascertainrrient Phase
❑ Survey
■ Conducted by Clearwater Research out of Boise, ID.
■ Past performance evaluation and assessment of future community
needs.
❑ Technical Review
■ Conducted by Columbia Telecommunications Corp. out of Columbia,
MD.
❑ Safet�ns�ection of Physical Plant
❑ Testin�of Cable Plant and PEG Origination Links
❑ Analysis of System's Ability to Offer Advanced Services
❑ Evaluation and Review of Operator Evaluative Data
❑ Comprehensive Report
❑ Public Hearings
June 9, 2009
5
Ne�otiations
❑ City staff and representatives of Comcast
have agreed to a draft franchise agreement.
June 9, 2009
�enefits to the community
❑ Public, educational, and governmental (PEG) access,
equipment, facilities, and services.
❑ Institutional Networks (I-Nets) provided for internal
use by governmental and educational institutions.
❑ Customer-service standards.
❑ Adherence to safety codes.
❑ System upgrades.
❑ Franchise fee revenues.
❑ Potential senior-citizen discounts.
Survey re sults
Very Somewhat Somewhat Very Total
Satisfied Satisfied Dissatisfied Dissatisfied Satisfaction
Level (%)
Picture 186 140 11 3 96
Quality
Sound 214 117 6 3 97
Quality
Repair 13 8 70 7 5 95
Services
Billing 161 126 25 20 86
Practices
System 193 120 17 5 93
Reliability
Survey �e sults
Very Somewhat Somewhat Very Total
Satisfied Satisfied Dissatisfied Dissatisfied Satisfaction
Level (%)
Cable Rates 30 98 89 120 38
Cust. Service 139 106 12 12 91
knowledge
Notification of 115 147 26 25 84
changes
Installation of 217 96 8 6 96
services
Variety of 135 130 47 29 78
programming
Survey - Local Comcast Office
❑ 28% of subscribers have visited the local
office
❑ Of those that visited the local Comcast office
88% had an good or excellent experience
Customer Service Call Center
❑ 51 % of subscribers have called Comcast
customer service
❑ Of those that called
v 27% called for signal quality problems
■ 23% called to change the type of service
■ 22% called for loss of cable service
■ 20% called for billing questions
■ 13 % encountered a busy signal
■ the average wait time was 3.6 minutes
■ 39% report good or excellent service
Technical Review — �indings
❑ Review and Evaluation of Operator
Evaluative Data (F'CC Proof-of-Performance
(POP) Reviews)
■ Re-created POP tests in four areas on four
different nodes. Tests of signal level, carrier-to-
noise, hum, subj ective picture viewing. There
were no violations.
June 13, 2006
,z
Technical I�eview — �indings (cont.)
❑ Test of Cable Plant and PEG Origination Links
■ Signal Amplitude — No Violations
■ Signal Quality — No Violations
■ Signal Leakage — No Violations
❑ Analysis of System's Ability to Offer Advanced Services
■ 750 MHz bandwidth adequate to meet current and near-future
network capacity needs
■ Uninterrupted Power Supply
■ Network Segmentation —Allows increased return bandwidth for
interactive services
■ Optical Hubs — Expand the capacity of fiber
June 13, 2006 13
�echnical I�eview — Findings (cont.)
❑ Safety Inspection of Physical Plant
■ Inspection at four test points — No Violations
❑ Bonding and Grounding
❑ Lashing
❑ Construction
❑ Clearances
❑ Guying and Anchoring
■ Residential Drops
❑ Drop Grounding — 14 of 28 in violation of applicable electrical
codes
❑ Exposed, Brolcen, or Missing Equipment — No Violations
❑ Drop Clearance — No Violations
June 13, 2006 14
Franchise Compliance
❑ No violations were discovered of the
franchise agreement the City inherited from
Spokane County.
June 9, 2009
15
I'ublic Comments
C
0
Citizens
■ No input at public hearings
■ Most comments were in regard to rates — which we do not regulate.
0
Some citizens requested senior citizen discounts, which Comcast provides.
Staff forwards complaints to
There is a high degree of
■ Most calls to the City are in regard to a billing dispute.
the local Comcast office which contacts the customer.
resolution.
■ Some citizens requested a more convenient location — Comcast has established a
payment and equipment drop-off location within the City and provides mailing and
pick-up options for equipment as well as mail, phone, and online payment options.
■ Stressed that the City should be committed to PEG programming to allow
accountability to the public and allow an outlet for the public and community service
Cable Advisory Board
commumty.
s Suggested that the City should commit operating dollars to the PEG operations as the
City of Spokane has done. �
June 9, 2009
�ranchise �ees
❑ Comcast is current with its quarterly franchise
fee payments.
❑ Payments are approximately $950,000 per
year.
❑ Franchise fees are unrestricted general fund
revenue.
June 9, 2009
,�
I�raft Agreement — Major Items
❑ Length of 10 years with an opt-out at 5 years should a.state or federal franchise be
available.
❑ Quarterly franchise fee payments of 5% of gross revenue (for general fund use).
❑ Competitive equity language that ensures level playing field for all cable
operators.
❑ Comcast will maintain a high-quality, FCC compliant cable system.
❑ Required build-out to areas with urban densities.
❑ No-charge cable drops to all government buildings (city, fire, police, library,
schools).
❑ Six public, educational, and governmental channels (PEG), including one
dedicated City of Spokane Valley channel if desired.
❑ PEG capital funding of $.35 per month per subscriber, with $150,000 up front.
❑ Customer service standards
❑ Comcast has volunteered to extend their pre-existing senior and disabled discount
throughout the life of the franchise agreement.
June 9, 2009
18
Next Steps
❑ Council provides feedback on draft agreement -
Completed
❑ Draft agreement reviewed by Comcast corporate
office - Completed
❑ Comcast submits proposed "draft agreement-
Completed
❑ City conducts public hearing - Completed
❑ Council decides whether to accept or deny
Comcast's proposed franchise agreement.
June 9, 2009
���
Additional Steps if Accepted
❑ Within 90 days, Comcast will provide
$150,000 in support of capital costs for
providing public, educational, and
governmental programming.
❑ If City chooses to have live broadcasts of
meetings, Comcast will install and activate a
connection within 270 days of directive from
c�ty.
June 9, 2009
`�.�
Additional Steps if Renewal is Denied
❑ An Administrative Meeting Must be Held
■ The administrative proceeding will consider -
❑ Franchise Compliance — Has Comcast substantially complied with the
material terms of the existing franchise and with applicable law
❑ Service Quality — Has the quality of Comcast's service been
reasonable in light of community needs
❑ Ability — Does Comcast have the financial, legal, and technical ability
to provide the services, facilities, and equipment set forth in the proposal
❑ Reasonableness — Is Comcast's proposal reasonable to meet the future
cable-related community needs and interests, taking into account the
cost of ineeting such needs and interests
❑ The denial will be upheld or rejected
❑ A judicial proceeding could follow the administrative
proceeding.
June 9, 2009 21
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing
❑ admin. report � pending legislation
AGENDA ITEM TITLE: First reading - proposed ordinance 09-035 amending Ordinance 09-025
which found a substantial need to levy a 1% increase in property taxes.
GOVERNING LEGISLATION: State budget law
PREVIOUS COUNCIL ACTION TAKEN: Ordinance 09-025, finding a substantial need in the
2010 budget to levy a 1% increase in property taxes was passed by the council on October 27,
2009.
BACKGROUND: Spokane County staff pointed out that Ordinance 09-025 lacked specific
language which has been recommended by the State Department of Revenue to authorize the
1 % increase.
OPTIONS: 1) Do nothing; 2) Correct the ordinance to reflect our desire to increase our tax levy
by 1% plus new construction, improvements to property, newly constructed wind turbines and
any increase in the value of state assessed property for 2010.
RECOMMENDED ACTION OR MOTION:
1— move to advance the ordinance to a second reading or
2— move to suspend the rules and approve ordinance 09-035 amending 09-025.
BUDGET/FINANCIAL IMPACTS: The proposed amendment does not change the intended
fiscal impact of the original ordinance.
STAFF CONTACT: Ken Thompson, Finance Director
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 09-035
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING ORDINANCE NO. 09-025 WHICH DECLARED A
SUBSTANTIAL NEED TO LEVP A 1% INCREASE IN REGULAR PROPERTY
TAXES FOR THE CITY OF SPOKANE VALLEY, WASHINGTON IN SPOKANE
COUNTY, PLUS ADDTTIONAL REVENUE RESULTING FROM NEW
CONSTRUCTION, IMPROVEMENTS TO PROPERTY, NEWLY CONSTRUCTED
WIND TURBINES AND ANY INCREASE IN THE VALUE OF STATE ASSESSED
PROPERTY FOR THE YEAR COMMENCING JANUARY 1, 2010; TO PROVIDE
REVENUE FOR CITY SERVICES AS SET FORTH IN THE CITY BUDGET.
WFIEREAS, State law authorizes the City of Spokane Valley to levy an increase in regular
property taxes upon the taxable property within the corporate limits in order to provide revenue for the
2010 General Fund budget of the City; and
WHEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand dollars of
assessed valuation deducting therefrom the highest levy collected by a Fire District within the Spokane
Valley ciry limits and also deducting the Spokane Valley Library District levy; and
WI-IEREAS, RCW 84.52.020 requires the City Council on or before the 30'� day of November to
certify budget estimates to the clerk of the Spokane County Board of Commissioners including amounts
to be raised by taxing property within the limits of the City; and
WHEREAS, the City Council pursuant to notice, held public hearings on August 1 l, September 8
and September 22, 2009 on the proposed budget estimates for 2010 including revenue sources which will
fund the provision of City services, projects and activities; and
WHEREAS, sales tax receipts are estimated to be $2.8 million less than 2009 receipts; and
WI-IEREAS, service revenues (building and zoning fees) aze estimated to be $388,000 less than
2009 fees; and
WIIEREAS, gambling tax receipts are estimated to be $1OQ000 less than 2009 tax; and
WI the City of Spokane Valley is a Washington Taxing District with a population of
more than 10,000; and
WIiEREAS, the City Council of the City of Spokane Valley has determined that due to the
decreasing revenues listed above and increasing expenditures (substantial need), there is a need to
increase the property tax levy by 1% plus additional revenue resulting from new construction,
improvements to property, newly constructed wind turbines and any increase in the value of state assessed
property to ensure adequate funding for the City General Fund in 2010; and
WHEREAS, Ordinance 09-025 did not use specific language recommended by the Washington
State Department of Revenue and the Spokane County Assessor's Office.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as
. follows:
Ordinance 09-035 amending 09-025 Substantial Need Page 1 of 2
DRAFT
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a°°'^ a°^-^°°:°° -^..^°..°° °�a :^^-°^^:^^ ^^°^^�•^^ ^^�*° A findine is made of substantial need under
RCW 84.SSA101 which authorizes the use of a limit factor of ]O1 percent for the property tax lery for
2010.
Section 2. 2010 Levv. There shall be and is hereby levied and imposed upon real property,
personal property and utility property, as defined in RCW Chapter 84.04, 84.55.005 and 84.04.140 in the
City of Spokane Valley, Washington a regular property tax for the year commencing January 1, 2010 in
the total amount of $10,799,500 which includes new construction and improvements.
The regular property tax levied through this ordinance is for the purpose of receiving revenue to
make payment upon the general indebtedness of the CiTy of Spokane Valley, the general fund obligations,
and for the payment of services, projects and activities for the Ciry during the 2010 calendar year. The
purpose of this ordinance is to establish the levy amount as permitted by law.
The City expects the dollar amount of the property tax levy which includes additional revenue
resulting from new construction, improvements to property, newly constnicted wind turbines and any
increase in the value of state assessed properties to be $10,799,500 which is $299,500 greater (2.9%) than
the 2008 levy which was collected in 2009.
Section 3. Notice to Spokane Comitv. Pursuant to RCW 84.52A20, the City Clerk shall
certify to the County Legislative Authority a true and correct copy of this ordinance, as well as the budget
estimates adopted by the City Council in order to provide for and direct the taxes levied herein that shall
be collected and paid to the City of Spokane Valley at the time and in the manner provided by the laws of
the State of Washington.
Section 4. 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 validiry or constitutionally of any other section, sentence, clause or
phrase of this ordinance.
Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days afrer
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
PASSED by the City Council this day of November, 2009.
ATTEST: Richard M. Munson, Mayor
Christine Bainbridge, City Clerk
Approved As To Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 09-035 amending 09-025 Substantial Need Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date:, November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Court Services Alternatives Analysis
GOVERNING LEGISLATION: RCW 3.50.810, RCW 35.20.010
PREVIOUS COUNCIL ACTION TAKEN: Notice of Termination for Court Services Contract
with Spokane County, January 27, 2009.
BACKGROUND: As the result of Spokane County cancelling the road maintenance agreement,
the City Council directed the City Manager to conduct an alternatives analysis of all remaining
County contracts. Secondarily, state statute notification guidelines required that the City provide
termination notice for the Court contract by February 1, 2009 or continue the contract until 2014.
Council had not previously considered the long-term court service delivery options. Council
decided to provide the termination notice to the County with the understanding it was to allow
time to conduct an analysis of service options. The County agreed the City could rescind the
termination notice by December 1, 2009.
An analysis of the options for providing court services was presented to Council by Anne Pflug
on October 27, 2009. The report concluded that the Spokane County District Court was the
least expensive option and was best able to provide court services in the short-term.
OPTIONS: Continue contract with Spokane County District Court; contract with City of
Spokane Municipal Court; create the Spokane Valley Municipal Court. Any change will not take
effect until January 1, 2011.
RECOMMENDED ACTION OR flflOTION: Move to Authorize the Citv Manauer to Rescind
the Notice to Terminate the Contract with the Spokane Countv District Court.
BUDGET/FINANCIAL IMPACTS: 2009 Court Contract $920,000, Refated Services $960,000.
STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst
Cary Driskell, Deputy City Attorney
ATTACHMENTS: Letter from Spokane County District Court Presiding Judge White
Response to City's Questions from Spokane Co. District Court
Court Report PowerPoint
xf� �� ;�;�,� ��fl" SPOKANE COUNTY DISTRICT COURT
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, �� � �. � y,� { , � Department No.9
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�'x' S r i ' �' � i� , •.
RICHARD B. WHITE
..��� ' Judge
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� a` � � - � PUBLIC SAFETY BUILDING .
� WEST 1100 MALLON
'����� "�'t.;'."�M ����� SPOKANE, WASHINGTON 99260-0150 .
SPOMAME COUNTY COIIFT X0115E
October 15, 2009
Mr. Morgan I{oudelka
Senior Administrative Analyst
City of Spokane Valley
11707 E. Sprague Avenue, Ste. 106
Spokane Valley, WA 99206
Dear Mr. Koudelka: .. . < , .' .. , : : ... ..:
Thank you for allowing me the opportunity to comment on Ms. Ann Pflug's reseazch and
report regarding Justice Service Alternatives:for the City of Spokane Valley. I
understand that Ms. Pflug was given the responsibility of researching the following
altematives for court services: conHnuation of the contractual relationship with Spokane
County, establish a new contractual relationship with the City of Spokane or, create a
sepazate City of Spokane Valley Municipal Court. I believe that Ann Pflug's report
clearly indicates that a continuation of the contractual relationship with Spokane County
is the best alternative for many reasons, some of which I discuss below.
L Ms. Pflug points out that the relationship between the Spokane
Valley and County Criminal Justice leadership is "amicable and
effective". This is a very important observation because positive
relationships are the foundation for problem solving.
2. Ms. Pflug correctly identifies a powerful truth regarding criminal
justice systems. "It is easier to implement changes to the criminal
justice system and improve outcomes when there are fewer rather
,. than more individual service,providers working with the offender :',
population". During the last decade both the City and County of
Spokane have spent several hundred thousand dollars on _various
studies on increasing efficiencies in the criminal justzce system,
(the Spangenburg Report, the Matrix Report, and the David
Bennett report). The unambiguous and clear message in all of the
studies was a recommendation for consolidation. The merits of
consolidation are more than simply an economy of scale and
sharing of resources. Ms. Pflug is absolutely conect, changing
and improving multiple systems is much more difficult than
working with a single system.
3. After almost 19 years as a Judge, I have leamed much about
personal professional development. I used to believe that being
reasonably intelligent, having fair judgment, and a good work ethic
was the recipe of a good Judge. Now I know how shallow those
descriptors really aze. Much of our jobs are about management.
Each of us is assigned several hundred cases each month. It is
imperative that we bring to<conelusian an equal' number of cases.
Failure to open and close cases at the same rate leads to back log
and the system fails. There are eight Judges in this court. Three of
us have been on the bench for almost 19 years. Our hvo least
experienced Judges have served for almost 4 years. We are one of
the first Courts in the State to establish a Domestic Violence Court.
We aze one of the first Courts in the State to establish a Mental
Health Court.
Mayor Munson and several council members have attended my
DISP (DUI Intensive Supervision) hearings. To my knowledge,
we are the only Court in the State with a program as progressive
and successful as DISP.
Ms. Pflug identified our early case resolution dockets and she
noted that our statistics for the number of hearings per case is
significanUy less than the State average. These specialty courts and
encouraging statistics are the results of the collective experience
and sophistication of this court.
4. Perhaps most important to the leadership of the City of
Spokane Valley, is the economic issues. Ms. Pflug's report
outlines several performance indicators. She measured
Spokane County District Court's data (including Public Defender,
Prosecution and Probation) against the City of Spokane and state-
wide data. In every single important measurement Spokane
County District Court's economic and financial report exceeded
the State average and the City of Spokane.
5. Finally, according to Ms. Pflug's September draft report (pages 25-
27), the City of Spokane Valley would have significant savings by
continuing with the District Court. The report indicates that with
the District Court the City of Spokane Valley will realize net
revenues of $306,000 instead of net losses of $437,000 or
$552,000 if the other alternatives were used. Further, there would
be no required capital expenditures with continued use of the
District Court instead of having to spend $711,000 or $139,000
with the other options.
Please understand that the focus of our professional responsibility is public safety
and justice for the parties and the victims of crime. Specialty courts like DISP, Mental
Health and Domestic Violence have demonstrated remarkable results in the rehabilitation
of offenders and decrease in crime. Those progams, at least initially, are more expensive
than traditional criminal court models. Nevertheless, we are equally committed to the
implementation of increased efficiencies and reduction of expenses.
In su"inmary, I again thank you forallowing me tfie opportunity to comment on
Ms. Pflug's report. If I can answer any questions or provide any further information,
please do not hesitate to ask.
Very truly yours,
` f' ���� ``\..
Richard B. White, Presiding Judge
Spokane County District Court Judge
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�Y Ai;�',. ! J�
i Virginia Rockwood
�' Court Administrator
; _.. 509) 477-4463
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Spokane County Court House
November 10, 2009
Dave Mercier
City Administrator
11707 E Sprague Avenue
Spokane Valley, WA 99206
Dear Dave:
The District Court's responses to the City's questions are below. We look forwazd to working
with you and your staff to answer these and any other questions you may have.
Sincerely,
Virginia Rockwood
Spokane Valley Questions from City Manager dae Nov. 10
1. What do you anticipate the impact of the 2010 budget cuts to be? What are the potential
staffing reductions and what service areas will be affected?
At this time, we don't know with certainty the final budget cuts. We have submitted a budget
that is consistent with the goals set by the BOCC. According to the budget, we will lose six clerks
and the two part-time Court Commissioners. That budget is a worst-case scenario. We are
optimistic that some of the employees' jobs will be saved.
Under no circumstances will the courts presence in the Spokane Valley Court be reduced.
Instead of Court Commissioners, next year the dockets in the Valley Precinct will be assigned to
Judges.
2. Will the service level provided to Spokane Valley be the same as the rest of the County?
Yes
District Court complies with the Americans with Disabilities Act (ADA).
Persons with disabilities that would require accommodation should call the Court (509) 477-3661, TDD available.
3. Will the District Court commit to maintaining the Spokane Valley court (physical location in
Spokane Valley)7
Yes
4. Will the District Court be willing to implement performance measures and what measures do
you suggest?
Yes
The performance measures identified in Ms. Plug's and Mr. Steelman's reports are standard in
trial court performance measures.
5. What opportunities for improvements have been identified?
1. Continued and increased emphasis on early case resolution (ECR)
2. Continued and increased focus of research based sentencing of DUI offenders.
Specifically, the growth ofthe DUI Intensive Supervision Court (DISP) forthe chronic
offender.
3. Increased use of fines as punishment for criminal offender in lieu of probation.
4. Continued focus on Case Management through the reduction of unproductive
continuances. This particular focused goal reinforces early case resolution.
6. Why was the Day Reporting program terminated and are there other opportunities to reduce
incarceretion and recidivism?
Day reporting program was terminated due to its inability to be financially self-
sufficient. We do however use Friendship Diversion to monitor community service as a-
sentencing alternative. There aze other local programs for defendants to avoid
incazceration by EHM, Work Crew through Geiger or by contracting with DOC, as well
as all existing programs
The probation department has been working on two new programs and sending staff to
training to implement an expanded "Alive at Twenty-five" program for the county, and
also a project to include trained staff for a program called MRT, Moral Recognition
Therapy, which has been used successfully in other courts. Our Mental Health Court will
have an expanded mission in 2010, and is fully funded from a sales taac initiative. The
DISP program (DUI Intensive Supervision Program started by District Court) has
received a grant for next year which will expand the capability to track offenders and
maintain services.
7. Is it possible for the District Court to pursue reminders and follow-up procedures with
defendants, similar to the Superior Court, in order to increase collections and reduce failure to
appear warrants?
Yes. The Court is investigating a contracting relationship with a for-profit provider that makes
"robo-calls" to remind defendants of court dates. The contract is expensive.
2
8. Is it possible for the District Court to divert qualifying DWLS cases to the re-licensing progrem?
Yes, diversion to the relicensing program is standard practice. We also approve a dismissal if the
individual comes to their first court appearance with a valid license and the prosecutor has
agreed. Many other DWLS cases are reduced to a civil infraction rather than a criminal charge at
the arraignment. Forty eight percent of all criminal cases were resolved at arraignment in
March of 2009.
9. How are court dates currently assigned and what type of flexibility exists for the defendants?
What days of the week and times of day are available? How long is the potential wait? When a
ticket is issued with a date and time is it for a window of time?
For non-criminal infraction hearings, court dates are assigned for the next available setting upon
receipt of a request for hearing. These court dates are mailed to the customer, typically within
one week of the request. Typically the court date is two weeks after mailing. Should the
customer request a hearing at our front counter downtown or at the Spokane Valley location, a
court date will be given to them immediately. District Court windows are open from 8:30 am to
5 pm, Monday through Friday.
In either case, District Court tries its best to accommodate any special requests by the
customer (i.e. work schedule, vacations, etc).
In addition, District Court also offers mitigation hearings by email (eMits), deferrals by email
(eDeferreds), as well as contested and mitigation hearings by postal mail based on the
customer's residence, medical condition, or other special circumstances.
Initial court hearings for criminal misdemeanors are assigned at the time of citation by the law
enforcement agency. The hearing is within the next two weeks. This efficienty eliminates the
need for the defendant to make a separate counter appearance to schedule the initial
hearing.
10. Are you aware of repetitive entry of identical or similar information throughout the Criminal
Justice System that could be streamlined?
Every time a case is continued there is a non productive expense of energy and
resource. Early case resolutions and first court appeazance resolutions avoid
unproductive repetition of efforts. This concept reinforces the benefits of consolidation
in court systems (Municipal and District) including prosecutors offices, public defenders
offices and probation departments.
11. Can you explain the process of suspending licenses for failure to pay or appear and say whether
you believe that process is effective?
The license suspension from failure to pay or appear is the result of State. law... The court is
bound to enforce the law. However, the District and Municipal Court Judges Association has a
3
role in commenting on proposed legislation. As the issue has grown to a point where the charge
of DWL53 makes up roughly 40% of court filings, it may cause jurisdictions to question the
effectiveness. Legislation would be required to change this offense to a non jail offense.
12. What progress has been made regarding consolidating cases with otherjurisdictions7
Very little
The Washington State Constitution and statutes designate separate jurisdiction courts and court
levels. Each law enforcement agency files in their designated court by law. There is limited
ability to consolidate unless "specialty courts" such as Domestic Violence or Mental Health
Courts join forces by funding agreements and cross deputization of prosecuting attorneys and
public defenders.
13. What opportunities exist for increasing revenue collection per case; what are the obstacles to
making the necessary changes; do you feel that low collection rates is an important issue or do
you feel that should not be the focus of the Court ?
Until 15 years ago it was a separate crime to not pay fines. The legislature eliminated the
statute. Most of us thought the decision was very prudent. Until then, people were serving jail
sentences at a cost in excess of the fines owed.
We continually assign the fines to a collection agency. This is considered a"best practice" in the
state.
14. If Spokane Valley desires to use private, non-profit, or non-County public providers for services
such as day reporting, EHM, collections, etc., will the District Court be amenable to referring
Spokane Valley defendants to these services (We are not asking to cut-out a Court-provided
service but to offer a service that the County has chosen not to pursue).?
Yes, provided the court participates in the discussions and the final decision if it is a sentencing
issue, is within the sole discretion of the judge.
15. Do City of Spokane Valley citizens vote for District Court judges?
Yes
16. What would you like the City of Spokane Valley to do in order to improve the contractual
relationship with the District Court and the County.
Scheduling regular meetings between the Presiding Judge and/or the Court Administrator and a
designated city representative. The focus should be problem solving and develaping good
communication lines.
17. What do you believe the City of Spokane Valley should be focused on regarding the delivery of
Court services?
"Best Practices" court indicators as developed by reputable national court organizations, and
the Washington State Supreme Court. Become familiar with GR 29 (Washington Court Rule
"Generel Rule" 29, the "Presiding Judge Rule") which governs the responsibilities and duties of
the presiding judge and affects local jurisdictions' limitation on direct management of the court.
With that said, work closely between administrators to be sure local concerns are heard and
addressed to the extent possible under the applicable laws.
4
Research Sernices
� Department o# Commerce
Innovation is in our nature.
City of Spokane Valley
]ustice Service$ Alterr�atives: Court Services
October 2009
Contact Information
:� n s
Anne L Pflug
Reseorch Services
509-925-2608
anne.ptlug�canmeree.wa.gov
Celi: d25-786-855�
wvnv.eommeroe.wa.gov
�artmmt o( Commerec
Boz d2525
� Columbia St SW
moia. WA 985D4-2525
v.o. n
Executive Summary
Problem Statement and Study Questions
Problem Statement:
Determine th? feasibility of alt?mative justice services
provision in advance ofthe potentialloss ofthe curr?nt
service provider, Spokane County and its Distric[ Court.
Sh�dy Questions:
1. Provi�e an evaluation of the feasitrilicy of three Spokane
Valley ceurt services options:
■ Spokane County District Court contract
■ City of Spokan? Municipal Court contract
■ City of Spokane Valley Municipal Court
2. What are the policy, operating and service delivery
considerations for the options?
3. What is the comparative prnject?d ne[ cos[ over five �
years, includinq any start up costs, of Aach couet
services option?
4. What are the city"s service delivery r_wauirements
inclu�Jinq customer e�:perience and criminal justice
outcomes now and into the foreseeabk fu[ure, tha[
need to be addressed by any contract?
5. 1Yhat are the major findings, any cor�clusions and I��J!'�T' "�". _.
recommendations? '� '`� �
on.z
Approach
• Site visit, court observation and 35 interviews
• Comparative data from statewide sources,
Washington Judicial Information System, National
Center for State Courts & comparable Washington
courts in cities and counties
• Criminal justice and court studies conducted by
independent consultants for City of Spokane, Spokane
County and other large courts in Washington
• County, Spokane and Spokane Valley data
• Reviewed by County and City of Spokane
Criminal lustice System
Background — Criminal Justice System and Averaqe Misdemeanor Costs
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Misdemeanor )ail costs arc lower in other
par[s of Washinqton, with average jail days
of e to 10 days per misdemeanor. Spokane
aroa avera9e is 16 days.
Average Washington City
Costs Per Misdemeanor
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Pr�6at�: 5650 24%
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Spokane Valley Profile
Court Caseload
Caseioad Proftie — Spokane Valley
2008 Cases
Distinqvishing Characteristics
■ Hiqh propoition of infraction cases overall
(78 percent) when comparcd [o Spokane
(66 percent); Covnty, tS5 pereent.
■ Driving-While-Licen�e-Suspended (DWLS)
cases are the dominate misdemeanor at
51 percent; County, 44 percent; statewide
and Spokane 33 percen[.
■ Spokane Valley's nexY highe:t volume misdr
meanor is theft at 10 percmt; 4 percen[ state-
wide; County 3 percent; Sookane 12 percent.
■ Oomectic violence at is Spokaneb second
largest misdemeanar case type.
■ Since incorporation, thc proportion of
rnisdemeanor casr has at�adily increased
from 17 percent to 22 percent.
■ In �008, total cases filed incrcased aiqnifiwnNy
aR�r four yenrs of decline, primanly in traffic
rolated citations and infractions.
■ Accorc}ing to the Police Department, the
incrcase is a result of temporary qrant funding
for special emphasis patrols.
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11 PatayisnotmmwdAxt�eprNle, baavse m.�r'mn,tehd7kn p±rkfig
,aYemdisbr,sC�erasu�. Tod'Cssab•du6
SomCr. :r+eBfasobsd Ropers. RAmbis,tsa:�a Q7ced9w Car's.�M�vsbm
��seM�d praydf�.
5pokane Valley Profi�e
Court Caseload
Distinguishing Charaderistics
■ Males lE3 to 30 are the Iar4est user of the court.
■ Misdemeanants that atYend court from jail rcpre-
sent approximately 10 percent of total taseload.
■ Over 57 percent of misdemeanor defendants
should not driv� to court due to driving prohibi-
tions. Driving prohi4ition� a�r instituked because
the driver is found to be a risk to themsdves or
athere as a result of dru9 or alcohol invofvemenf,
a poor driving safety record or lack of car insur-
ance.
Defendant Mailing Addrcsses
2008 Spokane Yalley Coar[ Filings
S �� . .._..__...,
Cany' i' � p� � Scc�i7c �'�.
7 `.�i �' ` -- _ � '<<a', �._,.
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■ 554 defmdants in Spokane area court u.;ed inter-
preters in 2008; 37 percent Russian and 36 perv
cent Spanish.
■ 68 percent of all misdemearror dekndants in Spo-
kane area covrts use Dublic defen�e attorneys.
■ A 2007 campling found that aver half o�f the mis-
demeanants in the Covnty Oetention facilities had
not been in jail before and over half were em-
ployed when they entercd jail.
Sarte: Cus�bmG4�Y...hRe'idlnMr.v,x� SY�'�, 9aV d IYesli�glm
■ 77 percen[ oE in-cu�tody misdnneanarttrs are sen-
tenced to jail time, 60 percent were smtenced to
less than 16 days in jail and 73 percent are re-
leased after conviction based on time served priar
to sen[encing.
■ A misdemeanant offender i, typically acsiqned to
probation for hvo years.
r.o. ia
spokane Valley Proflle
Court Casetoad
Disti�guisMng Characteristics
■ Males 18 to 30 are the larqest user of the eourt.
■ Miademeanants that attend court Erom jnil repre-
xnt approximately 10 percen[ of total caeeload.
■ Over 57 pe�neM of misdemeanor defendants
shpald not drne to'court due to driving prohibi-
tipne. Drivinq prohibitions arc i�tituted because
tlx driver is found to be a risk to themselves or
otherS as a resuit of drug or alrohol invofvement,
a poor drivunq safety rccord arlack af car insur-
ance.
■ 554 d�endaqts ip Spokane arep courts used '+nfer
p�2fers�in 37 percent Russian and 36 per-
cent Spanish.
. �
� 68 parcent, of all mi¢demeanor defendants in Spo-
- kane'brea cour[s dse' public defe6se attomeys.
• A•2007 oamplinfl iound thtrt over half of the mis-
demeana�ts in the County Detention facililies had
� not been in jail before and over half were em-
ployed when they entercd jail.
Op� 13
sovice: cnzom(A;.y,,tekmrrnamaiunsy�tme9�s'wwest:�grm
■' 77 percen[ of irt-custody misdemeanants are sen-
terxed �[o jail time, 60 percent were sentenced M�
less than 16 days in jail and-73 percent are re-
leased aRer convic[ion based on time served prior
to 5entencinq.
■ A misdemeananc offender is typical�y assiqned to
probation for hvo years.
Defendant Msi1Mq Addrcsses
2008 Spokane Valley CouK FlIMgs
Spokane Valley Profige
Court Operations and Facilities
■ Spokane Valley has contracted with Spokane
Count� and itn Distrid Court for court services
since incorporation in ��03.
■ The Oistrict Court processes misdemeanor and
infraction cases for twa cities, the counry and
ctate plu; countywide protec[ion orders, small
claimc and smaller civil cases.
■ Spokane Valley cases are not heard separately,
instead they are Rrxesxd in mixed qroups of
like casr with orherjuried'ections.
■ Misdemeanor cases with out of jail custody
defendants are heard in courtraoms located in
downtown Spakane at the Public Safety complex.
■ Arraiqnment of misdemeanor cases wi[h in jail
custody defendants are heard in courtrvoms
located at the Public Safety complex linked by
videa to a coui: facility located in khe jail.
■ Infiaction cases are heard in courtroome located
in Spokane Valley nt the Police/Court b�ildinq on
Spmgue Avenue.
■ Customer counters are available at bo[h
Ixations.
w�. ta
Spokane Valley Profile
Court Operations and Facilities
Typinl Spoksne Valley Court Customers/Users
■ 3,:64 SV citizens attendinq hearinys or filinq
�tatemmts for traffic or parking tickets in 2C0�
■ 1,664 SV eitizens payinq parkinq or traffic Nc!:ec
■ 1,a50 SV residente who arc defendants (�^ ,�n-
out of jail cvs[ody)
■ Family members, includinq children
■ 1,617 SV residents servinq as jurors over 1= m_,
■ Victims and witnesses
■ �cers of Me eourt
�•� �
• _. j��
Dlstrict Court Customer Cwrtact Modes
■ Phone (700 per ave2qe day)
■ Coanter visits (644 per average day); -r_o4:an� ';'a
location (201 per averaqe day).
■ Websi[e visits (322 [imes Der averaqe day)
■ Mail (2B6 per aversqe day); Spokane Vatley locat �-
(33 per averaye day).
■ Misdemeanor w infraction courtroom visits or s`-'-=-
ments filed (161 per averaqe day); the Spokane '.��_;!'�=�,;
courtroom is used 4.5 daya per week for court.
s.
n.� u
Spokane Valley Foiice� Cnurts Building
Court Performance
• Three key performance indicators - District Court
and Spokane
• Hearings per case
• Revenue per case
• Disposition of cases filed
• Evaluated — District Court and Spokane
• Streamlining efforts
• Customer or user service
• Cost per case — statewide and comparators
• Evaluated — District Court, Spokane and SV Municipal
Court
• Legal options
• Judicial options
• Staffing and facility options
• Opportunities for efficiency and effectiveness
Court Performance
Performance Indicator — Hearings Per Case Filed in 2008
Indicator D�ned
■ Number of "touches" by the covrt required per
case — the averaqe number of hearinqs per
misdemeanan[ case.
■ The number of hearings, determines murtroom
time per case and �s an indicaFor of the number of
client contacts, both of which signifecantly effect
cost and time to case resolution.
Very Positive Resultr — Conscious effort by
prosecutor, public defender and judqez to kxp the
number of hearings per case low by resolving cases
as early as possible in the process within the bounds
of quality justice.
Spoka�e Valley in Oistrid Court
■ 2.3 hearinqs ➢er misdemeanor case
■ 0.33 hearinys per trafFc infractian case
Statewide Averayes
■ Mumcipal Contractors in District Courts:
■ 4.7 hearinqs per misdemcanor caze
■ 0.55 hearinqs per traffic infiaction caee
■ Municipal Cour�:
■ 3.8 hearinQs per misdemeanor case
■ 0.57 hearirps per traffic infiaction ca�e
County aod State Cases in District Court
■ 2.8 hearinqs per misdemeanor case
■ 0.:2 hearin9s Per traFfic infraction case
Clty of Spokane Munitlpal Cour[
■ 3.S hearinqs per misdemeanor case
■ 0.60 heariny� per traffic infraction ease
■ A full year s data is not yet available for the re-
orqanized city court.
•.�.3s
Court Performance
Performance Indicator — Revenue Collected Per Case Filed in 2008
Indicator Defined
■ The avem4e collected in finec and fees per case in
a twelve-month time period
Needs Discussion — Collections are low
• To determine which factors inFluence fow averaye
collections, a comparisoo with a court with hiqher
collec4ion level> would need to be comDleted.
■ The hiqher the average collection� per cast, the
� more likely that offender'� are paying a greatcr
proportion of the cast of community sniervention
in their behavior.
■ At least three factor that influence collections:
the offender � ability to pay, the level of rnonetary
assessment that i� set, and the effectiveness of
[he colkction system oF the court.
Statewide Averages
Municipal Cantracto�s in Dictrict Courts:
■ 5177 per misdemernor caae
■ S146 per treffic infraction case
Municipal Courts:
■ 5108 per mi^,dem�anor case
■ 5133 per [raffic infraction case
Soute: 1roB6tNaedSb6stc5, JFi6�.i`slkbme7imSysivm,Ad�ivistraw
(Mira d tlwCaB, Sbk d WahiAbn
'A �INrer't date.is mryvf aaei.�Ui In0'nfaogmrnid
■ LNhen prosecutors and/or judqes are rrot approv-
ing sentences that include th� authorized mone-
tary asses�ments allowed by law, a conversation
abovt this practice may rosult in chanqes.
■ Alt�rnatives to monetary assessments arc some-
times included in sentence conditions.
Spokane Valley in Distrid Covrt
■ �2fi per misderneanor case
■ $130 per tra�c infraction case
County and State Cases in Distrid Court
• $115 per misdemeanor case
■ $125 per trafFc infraction case
City of Spokane Municipaf Court"
• $4fi per misdemeanor case
■ $157 per traflic infraction case
r.o. v
Court Performance
• Three key performance indicators — District Court and
Spokane
• Hearings per case
• Revenue per case
• Disposition of cases filed
• Evaluated — District Court and Spokane
• Streamlining efforts
• Customer or user service
• Cost per case — statewide and comparators
• Evaluated — District Court, Spokane and SV Municipal
Court
• Legal options
• Judicial options
• Staffing and facility options
• Opportunities for efficiency and effectiveness
Court Performance
Streamlining Initialives — S�oker�e Covnty District Court a City of Spokane
Implemented Initiatives
■ Processinq electronic parkiny infraction transmis-
sion from law enforcement.
■ Eliminatinp court appearance requiremenh. to
obtain an initial court henrinq date — police
officers assign initial court date on each citation
in the field.
■ Opportunity for early resolution af casr and/or
assignment of defense covneel at first rnurt
appearance.
■ Adaptinq strateqie� that target high volume ca,es:
s ParticiDation in rrlictnsinq ➢�am for
defendan� charged with Drivinq-With-
License-Suspended (DVJLS).
> Use of a published trnffic ticket mitiyation
rod�ction sehedule and a"firlt time" ticket
deferral program at hearinga, on-line or
throuqh the mail.
> Handling high time/resource use cases on
mental heelth court calendars.
■ Reducinq caseloads by piloting probation condi-
tions that allo�r an offender to rcduce the amount
of probation time siqnificantfy (typically �4
months) iE all conditiom3 air rtaet, other Rhan
monitoring of reoffense.
■ Niqh volume common court transaction, on-Iine or
by phone �uch as paying tick�ts, fines and fees,
and submittinq traffic ticket mitiyation statements
in lieu of a hearing.
Underway
■ Procecsing electronic [raffic infraction� and micde-
meartor ci[ation trancmissiort from law enforce-
ment to reduce redundant date entry a� takc a
step toward eliminatiny the need for paper files,
■ Extendinq the use of electronic case data, docu-
mmtr and rcports to reduce the use of paper
amonq the police, court, Proxcutor, public
defender, probation and public defense screener.
■ Buildinq on effor� to promote eariy case reaolu-
tion by focusinq on specifie ease flow manaqemen!
shategies. Commi,sioned work, partfy comple[e,
with khe National Center for the State Courta.
■ Implementation of prrsmtmce and post-
sentence seivices and detention altematives to
red�ce jail time and re-affense rates.
P� 19
Court Performance
Cost — Rough Court Cost Comparison 2007/2008
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Court Performance
• Three key performance indicators — District Court and
Spokane
• Hearings per case
• Revenue per case
• Disposition of cases filed
• Evaluated — District Court and Spokane
• Streamlining efforts
• Customer or user service
• Cost per case — statewide and comparators
• Evaluated — District Court, Spokane and SV
Municipal Court
• Legal options
• Judicial options
• Staffing and facility options
• Opportunities for efficiency and effectiveness
Court Performance
Customer Service — Current and Potential Court Facilities
Accessibility
■ Easy M find. Oeod transk serv7cs
■ Parkirg conpeshd md IlmiMd
Safety and Privacy
■ Common s��thrq, chlldcwe
■ Some in-curtady M1�wMg� in jail
■ Entry s�arch, cbu poltca rr
sponse
■ No privah comuhstlon fp�cs
Efficiency Featurcz
■ 7si1 fis adj�c�nt. cumr+t misde-
meamr fxllity (GNg�r) 13 mim
ut�s.
■ PuNic d�hnx and prob�Hom on
same c�myu� or buildiny.
Accessibility
■ Eary te flnd, goad trane3t s�rvfn
■ Shared parkinq for 6S v�hicl�s
Safety and Privacy
■ Canmort saating, �w thdldon
■ Some irt-custody hearinqs {n jsil
■ Entry search, dose polics rr
sporne
■ No privsle conaultation space
Efficimq Featurcs
■ 7ail is 30 minuM, cummt mifdr
muner facility Is 40 minates.
� Public deFense and probation in
Spnksne.
Clty of Spokane Gardner BId9
, i l �
I `
r � f,n�N 1
Accessibility
■ Easy to flnd, Mo Wecks to qood
transit rxvk�
■ Parkiny for 40 whides
Safety a�d Privacy
■ Not yet d�seqn�d
E�cimcy Feahtres
■
■
Not y�t desiqrnd.
]ail is two blocla, curtMt misdr
mesnor fadlity k 13 min�t�s.
Public d�fem� and prabation on
or adjacent to Public Safety
campus�
P�• 22
Spokane County � City Court
Spokane Valley Coi�rt Facility
-�
Quality of lustice
Judicial Options: Meeting Expectations of Fairness and Professio
Dlrodly-Elected ludge
■ The philosophy and operation
of the cow4room aro depend-
ent on the judge's experimce,
temperament and opeiating
style.
■ Elernent of independence nat
perceived ive an appointed
a� contract judqe. Expreesly
independent from the Leqisla-
tive and Executive 6rartches
of govtrnment.
■ ]ud9e i� dirccUy acmuntahle
[o the electorate. 7udqe is
rtot requirad to be a resident
by law.
■ Candidates underqo the
scrutiny of a public election
cnmpniqn. Peiformance may
be publicly rated.
■ ]udqe can only be removed
fi office for reasons cpeci-
fied in state law.
Contrad ]udge
■ The inteprity, quality and
experience oE [he judqe are
determined as par: o�the
contract piror_ess.
■ ]udge selected reflects the
interesL o6 [he communiry a.
a resul: of questioninq and
backflrnund investiqation.
■ ]udge can only be removed
firom ofFce for rcason� speci-
fied in state law and contract.
■ Allows con[ractinq par[ies to
work o�t issur like replace-
ment, mix of commissioner
and judqe workfoad, evalua-
tion o` Rer`ormartce, mle of the
judqe in city budge: process
and in workinq with co�rt staff.
■ Pravides an incenti�e for the
judg� to work cooperatively
with other pah of the criminal
justice system.
Part-Tlme Appointed ]udge
■ Thc inteqrity, quality, pfiiloso-
phy �nd exprrimce of the
judqe are deteimined as part
of the pubEic appointment
proceas.
■ Assare3 tha2 a judge is no�t
inFluenced by election carte-
paiqn conside�ations.
■ 3udqe can only be removed
,`rom office for reasons speci-
��ed in sWte law or mnhact.
■ Tumover is hiqh so multiple
appointrnen[s may occur over
time.
■ Allow� the City and the judqe
:o �voric out issues like mix of
commissioner and judge work-
load, evaf�ation of perform-
ance, role of the judqe in the
city budget process and in
workinq wi[h court staff.
r.o. xa
Study Questions
1. Alternatives Feasibility Evaluation
• Spokane Valley Municipal Court
• Contract with Spokane
• Continue District Court Contract
2. Court Services Decision Consideration
• Policy
• Operating and Customer Service
3. Net Cost of each option over five years
4. Service Delivery Requirements in any option
5. Findings, Conclusions and Recommendations
Question 1: Alternatives Feasibilfty Evaluation
Spokanc Valley Municipal Court
Lxntion Assvmptions
■ Volio4'Cvurt BxNding e�cept Mental
Mqlth and in-curtodY hea!ings.
■ Cenvart 2.000 sqmx feet of bvi!d:ng
to amall�-courtroam (total of M•o
courtrooma) and aRa space 4x nro
judival �ce�s and 11 to 13 Yf.
■ Inaufe��ec6venees:irnoor;h�ee
privat� areai },•a� avaiable fror
svwner or attom�y torsu:bGan.
■ ConTatt for Ne�ol Mer'tF courc.
Hold "en-cusNdy headn�s by video
artdlor at Cublic Safee� rnrnpiex -o
weid eeses nittsd te i�-cu�teE��
dek:idant transport.
Staffinq Aswmptions
■ 1.7 Judicisl OFlc�rs.
■ 7.3 to 9 mH per ju�dal ol�cer.
As�um�s ehe court r�til opente wi�h
a moderat� eo higF. Ir+el of �I�aranic
ncard�s and tra�sactions. IF this
un na 6e achMv�d th�n add7eanal
dxiol r,aF'ruould naed m M addad:
2 to 4 rtaR per judicial officer.
Feasibility
■ Pem'r.ted by _tate law.
■ Ear!Iest caurt coulE apr.ate �.rou!d be
Jnrvary 1, 2012.
■ Covnc.l wauld adopt an ordin�r.ce
creating couri.
■ }udge svPOim,ed inlEell�•. If f�ll'ime.
;udge vrould be elecad r. che md of
initlal appointmm[ period.
■ Ci.ry rrould have er.imat�d sart-up
ccs�, includi�q facility rtmoc4l o.`
5'li.ODO. Het opera:l�g com over
fv� yes�s vroulE exceeC 2vrn�r by
5?37,000.
Short-Tcmm Impacts
■ Ff^q�er msu due to start up.
■ YfoulE atre:ch crty ape-atinq
ieseuftea. intt majori[V of
opersiens ar± m�ma.
f Ci.ry Yrould be ret, c�sible for
imp?emncir.g opera:i�y plan, adopc
ir.g ceur' Piacec�u-es and "mralFng
fsd!i.iy. technolaq��, p*ione/web
services, rnllecco�e. and cashir."�ng.
■ likely take fram four m x.•en
y�ars b mmh exis6ng Distrirt ar
Spokane caurt's Pevel of �FFrdr.+c�
md automaton.
Mid- to Long-Term Impacts
■ Potert+al for qrtater i�P.umce aver
eff�cc��nnea and cer. eh�ouqh
achmlogy, cas� mamgwnvr.t and
sen[wi[;ny practic�s.
■ Additicml hol d�cead oFdal, rt
juEge is S�II time.
• SOme inRNt! in CO�1VetniellC! fOr
Spokane \hlley rnldK+o and lavi
enSrumertt.
■ Aqr�emems may be nqu+�! eo con-
selidan cx�s wich aher juri�dicco�s.
■ May have qmtar ersv�l mfes fo�
public dehro�, piot�cv.o<and
EeFense srneninp.
■ CusWmer confvsion, i�crenirp failire
[o cemply snd npoK nM, with
charqe in Pocatbns an! �parate
(�oi.• ch�e) caura.
!� 15
Question 1: Alternatives Feasibility Evaluation
Contract with City of Spokane for Court Administration
Location Assumptions
■ Spokane court in Cwdner mtf Ledar
h�ildinq irot OubHc Ssfr.y oomplev.
■ Spakane Valky woud l�ae covrt-
rxm spac� from che covnty fo-
misdemwnors. Int�ally, o�ly ene
[ourtroan eGuivalent rri[h ju.ry
accommoCtcierts v:�uld ae �e9ulnd�
Irr6acior hea�nqs weuld continw ie
Spokane valley.
■ WbYc s�rvin wind�ws vrould M
milable at the �me lootians as
Me ceu�oom3.
■ Ce'rtnet witF. envMy for AMercd
lNahh cevrz artd irrcuseody cale�dar
fpsoe M�w�id inc:m�s�d rofts erland
to eecur.ty, hoPdinq ard trenspor[ of
In-cu�eedv defendam�.
StafRng Assumptions
■ Afturt�s 1.S Sookane 4all�y jud�tial
o�kers.
■ Assum�s 9.4 sWF W�luddal o(f+cer
(Spokane i c�rrant raHO)�
■ As�m�s usage ntio of 24 perwn:.
Feaslbility
■ 0�*mi:ted 6y �tatt law.
■ Coanel wovld adopt an ordir.ance
maenq a munECip�l couie snQ chen
rom�act with Spokan� �or op�ntiens
and judkial nrvicei, approxfmaMly
2.3 FfE.
■ Earlie�t conmR would be 2011. La:�r
mirsact could mon a fovey�r wa;t.
■ hdkial oR.icos wou!d be Ciry of Spo-
ka�e Munitlpal Cou�:jud=cial o�ttrs.
■ q.ry wauld hrv� �s�mated surt w
co='s of 5139,000. N�t op�rating
cors aver five y�srs would exoeed
.�ev�sue 5y 5552,000.
Short-Term Impacts
■ $pokane wisfi�s :o car.nct in 2D12
or Irter to allow tim! [e implamer.[
fatility 2ad�foni ard dw�oP d+Nr
own cqeration.
■ Spoka� is e�ger ta devdop prstices
thae rw'uce ja;l use. nEuce recidrvism
and tnm valw for ch� communiry.
■ GHes �rovld have :o agree on ways to
mxc hxh *.heir needs.
■ Tnnsi:IOn Dl�n v�ould be nquir�d.
Mid- to Long-Term Impacts
■ Npotltte itnp�omner.ts :o eFfac:ivr
r.�ss �od cos[ thrtxnqh :�chnoloqy,
os� manaqem�ct and semvsing
Plltl`CH.
f PopnR�ily osi�r m rnnso'idaa ofn
wi[h Spokane. aqnement requind for
consolkrJm of counq or ma oie�.
■ Ciatamer tonfusion, Mcrentig failun
eo eartrply and npart ree�s, wieh any
chartq� in toocbn s�dior s+pant�
courd.
M��
Question 1: Alternatives Feasibility Evaluation
Contract with Spokane County District Court
Location Assumptions
• As�umes tMt me�dem�anors
would be hestd r, the Publec Sa.'ety
cumpkx.
■ Assumes that Spokane Yalley
caurtroom would cor.tinue to 6e
ured !or mi:igs5on end ronter.�d
traffic �eu+c and thr. ar.amer
swvice wEndow vrould concnue ca
he op�rand.
Staffing Aszumptions
■ Spakme Valley would mm�nw :o
eantra¢ wilh D'+saitt Coure bauE
on che same mntr�s tertns as the
current aqrwmem..
■ Spekane Valhy mage rxe would
r�main ac 20 p�rc�nt whkh is tF.e
puivslen: of 1.3 judq�a +nd S mff
p�r judieal olflt��.
Feasibility
■ OamL•ted by state Isw.
■ Contirtu� m openes under existi'q
mn'iact or rpo!iau changn.
1 Counc:l wauld aR :n wh}�draw no:ice
of rnir.nct tominatian provided m
Ca�nty in spr.ny of 2009.
■ NK crort over °.ve yors wou9d he
pnitive �vith revemre excteCing
eroer.rv bv S3�^6.000.
Short-Term Smpacts
■ Norro, urlen coneract is modifi�d.
■ �,ftriC. court rs a vri9inq rnn[n[[er
and �aq�r :e wo:?c with the Ciry to
meec Fs n��d:.
■ Spokaix Vs�ley i criminal juscic�
m�a[u an a iiqnifln�r rnmpo��rtt
of :he coura's revenue md
op�rrJOn�. �
1 Th� councy ii pezitio*�ed w co�rcinue
imp?�ene-ttinq measures [�at mmuld
irtoease !he effecGvenes� and e�duce
the ur.i' cost of che caurt and jail for
Spokane Va�ley.
Mid- to Long-Term Impacts
■ Spe�m Valley and tM romr.y
hrve enough in cvmmon to fo�m a
psrtnenhip v�i� a Sounde[bn In
commo� +ntr. era.
■ Ihhe c.ty iat�ir.s all of ia court
fxility op[ions short tertn ther. it will
h�ve sigrFfiart operxinq Flexibil�ry
lortg�r brtn.
■ Th� counry will he rtsoNv�eed m
r�dun costs'ong txm du� m
swctun9 revenue mnr.ramts.
■ Spokane Vdl�y's cas�aoad may
con[irwe to change over time. /n
Ofd111't0 bi[IC f�16 Io11Q dtTll,
ehe chy would r.a�d :e e��aluate
in viminal jusTCe s�stem goals.
rys[wn un3 casa srtd indicata+s
of performanca�
■ Cm consolidadon aontinues wYJi
coursry and stat� cnes,aq nement
may be requirad for cortwlida[ion
v��iGh Spokarrc.
Pp� D
Study Questions
1. Alternatives Feasibility Evaluation
• Spokane Valley Municipal Court
• Contract with Spokane
• Continue District Court Contract
2. Court Services Decision Consideration
• Policy
• Operating and Customer Service
• Working relationships
• Common goals
• Results and performance
• Features of service
• Facilities
3. Net Cost of each option over five years
4. Service Delivery Requirements in any option
5. Findings, Conclusions and Recommendations
Question 2: Court Services Decision
■ Wilting and active partner
■ Motivation and capacity to meet mutual
criminat justice goals
■ Impact on qvality of justice provided including
respect for the IndWidual
■ Impact on speed
■ Processirtq of cace�
■ Customer:atisfaccion and convenience
■ Impact on cost
� Overall lonq tertn cnminal justice cos[ impac[s
> Net coct of operating court
c.oe xs
Policy Considerations
Study Questions
1. Alternatives Feasibility Evaluation
• Spokane Valley Municipal Court
• Contract with Spokane
• Continue District Court Contract
2. Court Services Decision Consideration
• Policy
• Operating and Customer Service
3. Net Cost of each option over five years
4. Service Delivery Requirements in any option
5. Findings, Conclusions and Recommendations
Question 3: Con�parative Net Cost Over Five Years
Financial Analysis Summary
Summary
■ All three options are financially far;ible.
■ District Court contract option is least
expensive in short and madium term.
Operatinq cosh compaizd to irvenue Lreak
even in all years.
• City of Spokar.e contratt op!ion does not
break e�en assuming fee and fine
collection practices and operatinq results arc
unchanqed. Spokane stafF compensation
levels and number of staff per judicial officer
arc hiqher than the other options.
■ Spokane Valley Municipal Court option has
[he hiqhest start up, chort and mediur� [erm
cost�. Birak^, evm dr� year five, as�umi�r� fee
and fine assessment practices are rteodified
to meet the state average foe� misdemeanore
and the court makes extensive use of
automa[ion. Travel costs are a factor due to
Ixatiort af court in Spokane Val�ey.
■ Details of financial analyeis, capital facility
and opereNrtg as�umptionm appear in
Appendix B.
Financial Analysis, 2011-2015
�• . � i:
Ong.Ttree 2011•2015
Courtfie+emu 50 'f5,851.EJf
CF�ra7ina S Cao',al Cr,^.M. 5� 55.5-�5 �ro?
NM Revmue x1 EO 1306.769
�� .
Ona�Th�p 2017.2015
C7uA Fevenu 5� �5,851 B36
Cpera[i�a ° Ga:'al.^_c.ts S13d.&51 ;e.,rC?41u
NetRevnmmfEx nse) !3138,651� t3551,576)
Opa-TYip 2011-2015'
Court R!venue 50 IS.Str, 35?
pp.ra'm�SCa;�:alCeds S'11,3�8 1"n,?4i.3-
Net Ravem�e fExocnse) (3711.378) (3137A21)
Opera!ina mato break even in yesr /'iK.
P�ye ]o
Study Questions
1. Alternatives Feasibility Evaluation
• Spokane Valley Municipal Court
• Contract with Spokane
• Continue District Court Contract
2. Court Services Decision Consideration
• Policy
• Operating and Customer Service
3. Net Cost of each option over five years
4. Service Delivery Requirements in any option
• Spokane Valley criminal justice goals and scope
• Operating plan including agreed strategies
• Performance measures and reporting
5. Findings, Conclusions and Recommendations
Study Questions
1. Alternatives Feasibility Evaluation
• Spokane Valley Municipal Court
• Contract with Spokane
• Continue District Court Contract
2. Court Services Decision Consideration
• Policy
• Operating and Customer Service
3. Net Cost of each option over five years
4. Service Delivery Requirements in any option
5. Findings, Conclusions and Recommendations
C]CCCIIIIVC Juu�m
Spokane Valley's Circumstan and Interests
■ All three options available to [he C"rty of Spokane Valky for provision of court
services arz feasible from a legal, operating and financial penpe[tive.
■ The cety could reduce overall cnminal joctiae coats in the short and medium term
by implemenking additional DWLS case manaqement programs and jail altema-
tives for prc- and po�t-rsec,2ence lo�.ver risk offendei�s.
►.w •
cxc�.uuvc aa.wwo
■ Relatiorshios a�mong the cun contract partie, are straic�ed.
■ Working rela[ionships at ihe operatinq aasd judicial level arc amicabfe and
effettive.
■ The City af Spokane Valley is rcady to rnove into a differcnt type of perfortnance-
based contractinq relation.hip now tha[ the city's start-up phase is completed.
■ The City ha, notified the county that it i, explorirtq the feasibi�ity of forminq iM
own municipal cour[ or contractinq with the City of Spokane in the ev�nt that the
county ic no lonqer a61e te provide tourt services.
■ Both Spokane County District Cour: and the City of Spakane are:
.. willinq contractors,
� want to provide service to Spokane Valley, and
> do a q�rli[y job.
r.� s
Relationships
txecuuvo auunna
co�xlusions:
■'dhe cety and coun[y have come a long way in re-orqaniartg service delivery since
incorporation.
■ Significant positive coopeiative criminal justice system work has been done, and is
planned, by both citir. and [he munty to improve autcomes artd rcduce costs.
RecommendaUons:
■ Consider improvimg Spokane Valley i attraclivenese as a cw�tractiny customer and/
or partner by better defining the city's expectationa and goals.
■ Consider improvinq the county's controctirtq relationship by deeignatinq a sinqk
contract manayer for Spokane Valley, responsibfe for improvinq mmmvniwtion.
■'dhe partie� enistinq contract rclationehip is ready to maturc to the next level by:
r Indud'nnq a s�e o� muvsl7y tgewd �avic! ddiv�ry qaels �rtd ar. apevatinq plan.
� Ir.cltdinq me�sum of r�sulu.
s E:plor{ng a lonqernrtn part+a*sh ip ta crnu the subl9^� md envlmnm�nt n�cmary ta mwt
eheir mutual qoals.
■ 4Nithdraw the city's municipal tourt formation notice to the county.
Relationships
C7CC(.UUYC auu�u�o
Court Operations
■ Spokane Valley's caseload pro5le matches the financirl breakeven guideline for
municipal court� (infra[tions make up :0 oercent or greater oF total caseload).
■ Spokane County Di.trid Court, Spokane Valley's current con[rect service opeiator,
iates geod Qo excellen: on most evaluated indicator's of performance and customer
sei :�ir_e. Spokane Coanty Distric[ Cour+t could 6e eonsidered a statewide "best
p�actice" court in �he following evaluated area.:
> Hearings per misdemeanor case, resulting in fas:er case resolution
� Availability and �se of on-line tustomer tran:ac[ions
.. Co-Ixation of as,^ociated services, resultinq in opportunities for maximizing
�ciency for client� and service cost
■ Spolcane Di,tricYc e5timated cost per ca,e falls wi[hin appropriate levels mmpared
to the state average and courts o` like size and type.
■ Cost savinqs and effectiveness gains have been obscured by Spokane Valley's
caseload fluctuations anrl a lack of stated service delivery operatinq qoalc and
rcsulL^ measarements.
��
txecuc�ve auw
Court Operations
conclus:ons:
■ Ope�ating as3ets provide a platform for po�itive crimie�al juskice outcomr3 foe the
community, compared to the rcst of the state. ihese include:
a. A cmwni�r.c bocon In �e chy Eor proetsiir.g hiqh volume iefnRion 51ir.qs�
b. A mocivaMd contrsceor (DfrJia Cwre) w<t+ a p+ove� Tsck re:ord of im0*o�inq eYecEVe-
nan by rteducing the number of cw.^. Fvr.ngs p:r cner inKituong case defeml pro-
qnrns; provzdieg an Imr+�diate oppoKUnity far nrly ase r�mludon at flrs[ court cor.htt;
elirtninr.ing flst cwr appearance reqv�remm[s to eet hesring dms; esbhli�hinq o�-lirte
_n�sacrens to rnoh�e os�s and nake paymens; I�sGNeir.g �cfaliseE nse pranssinp
prncedures (or hegh reiouica us� casn, snd
c. A ignifiorr. imntm�nt i� i�srfon of:ecMology wkMn the court and amo�g law
errforc�mmt. P�b:GOn. deF�nse �cn�+i�p, pro�cvmr and qMk deirns+to anprove
cuttemer aervite snd M costs.
■ Current court physical facility assets provide long-term flexibility in servitt ddivery.
Recommmdations:
■ Addre,s ihe couK's fee and assessment rys:em and policies.
■ Evalua[e existirn� initiatives Yo redatt the ir�pacG of DWLS-3 caseload.
■ Explore addi[ional DWLS case management meacures to redum the number of
DNfLS cases referred to the court; improve infraction fine collections; or prevent
,uspensions which may include providing altcmative forms of"payment" ta the
community ar impoundinq vehicles. See Appendix I for exampfes.
■ Better integrote the court and court related proqrams in[o city services and existinq
points af service.
r.o. a
txecuuvc �uu�wa
Future Service Delivery
■ At the present time, Spolcane Valfey's caseload hac the most in common with
5pokane County's infmc[ion and misdemeanor caseload.
■ 8oth jurisdidions have a high proportion of infracYions (70°'e or greater of total
caxs� and a high Droportion (greater [han 40:'0 of misdemeanors) of Drivinq-
Whil�-licens�-S�spendrd case filinq,.
■ Regardless of rrhich service provider oRera[e: SROkane Valley cour[ servicea;
police and detention services are provided by the county — the other two major
compoamL of Yhe crirninal justice �ystem.
■ The Counry is under significant prcssure due to citizen initiativrapproved property
tax limitations to 6ecome more cost effec[ive in providiny criminal justice ,e�vices
which represmt 71°a of their current expense fund budget. Property tax is tfx
predominate r�meral fund revenue source for counties atatmvide (58 percmt of
revenue).
■ The City of Spokane has the cecond larqest Municipal Court by caseload in the
state after SeatUe. IL• caseload is 34 percent misdemeanors (hiqher than the
s[ate averaqe, but aliqned with most urban arcas) and it^, caxbad is morc diverse
Mnn ffie other Spokane atta courte.
■ 7he Spokane Municipal Court waz o6Ficially formed as a separote cour[ rriffi iG own
e(ected judqes in January 2dQ4.
►� 9
txecunve �umma
Future Service Delivery
Conclusions:
■ easrd on case profile, the intercsts of Spokane Valley are currently most aligned
with the Di�trict CovR. BoYh have highrr than the state average misdemeanor
DWLS case filings and a very high proportion o6 infractiona in their total
caseload. The City of Spvkane has a more diverse easefaad �vith a higher
proportion of misdemeanors than either che County or Spokane Valley at the
presmt time. See Appendix �.
■ It is too early to kno�v how the Ci�� of Spokane P7unieipal Court will comparc to
o[her options in t.rm� of performance and cost, �incs the re-orqnnized court
startcd vp in Januaiy 2009.
■ As Spokane Wa�ley', casel'oad chanqes over time it may become more similar to
Spokane.
Recommendations:
■ 7he City should con�ider conso1idating its juetice services conCroc� iMO a�ingle
lonqer-:erm partnership aqreecnent with the Coun[y in order to create an
ertvirc+nmenti that vrould allow che parties to de�ine and maximize their criminal
justece ou2cemes.
■ In order 2o directlV RarticiDa[e in c�•iminal ➢ustece service provi�ion, the city
,hould consider bringing one comportent (prosecutor) �of i� justice se�vices
contraC�.^ in-house.
• If Spokane Valle j s case profile thanges in the future to resemble Spokane or
SFokane proves Yo be more efficient thart the county, contracting 6etween the
fixo citir may be in their mutoaf beat interest.
■.o. ae
Next Steps
• Questions on presentation
• Council decision on notice to County of Municipal
Court formation by December 1
CITY OF SPOKANE VALLEY
REQUEST FOR COUNCIL ACTION
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ oId business ❑ new business ❑ public hearing
❑ information � admin. report ❑ pending iegislation
AGENDA ITEM TITLE: Broadcasting/Webcasting Council Meetings
GOVERNING LEGISLATION: None
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: Council has expressed interest in broadcasting council meetings. Broadcasting
options consist of audio only, cable and/or internet. Staff gathered preliminary information regarding
options,
Research has revealed that there are no cities in the state of WA that are currently webcasting only,
webcasting for most other cities has evolved as a"byproducY of television broadcasting, most other
cities have incorporated prior to the age of webcasting and have had an established cable program in
piace.
Item of consideration:
1. What forms media do we want to use for broadcasting, audio, cable, internet?
2. Do we want only live broadcasting or archived recording with playback?
3. How do we fund broadcasting, PEG funds or city funds?
4. Can we contract the service or will it require staff time?
Broadcasting meetings via cable
1. Enacting Cable Franchise with fee of $0.35 / month user fee
a. Use a shared Multi-jurisdictional channel with Spokane County, City of Spokane and
City of Spokane Valley
i. Only one jurisdiction would be responsible for the feed to the channel
ii. City's would have to coordinate costs and programming
b. Ask for our own channel
i. Channel 5 would go away for Valley Citizens & be replaced with ours.
ii. Comcast provides $150,000 up front within 90 days for capital outlays
iii. City provides money for operational cost
1. Requires staffing or contracted services
2. Should be someone with broadcast experience
Regardless of whether the city broadcasts or webcasts, the same basic hardware is needed to produce
a quality video signal.
BUDGET/FINANCIAL IMPACTS: Initial startup costs of $150,000 -$200,000 for capital purchases
could be covered by PEG funds. If we wanted to have the ability to produce our own video's, ie PSA
and training videos an additional cost of up to $100,000 Operational cost wouid be covered by the City
either for staffing or contracted services; average costs $80,000 -$100,000 / year for broadcasting of
city council meetings only.
STAFF CONTACT: Information Technology Specialist Greg Bingaman, Finance Director Ken
Thompson.
11 /12/2009
r' '
Options for Broadcasting
Council Meetings
.
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M.����,
x Items of Consideration: �
• What form of inedia do we want to use?
- Audio only, web streaming and / or cable
,; • Do we want only live broadcasting or
f_. - archived recording with on-demand
' � playback?
' t, • How do we fund broadcasting?
,.:
4� • How do address the operational cost?
k , rc�
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�
11 /12/2009
�,� , � ,<3 ��`
� 7- x.9
�' �� , �?�.���m•
7 -s.. � '��.g
e
A
A 1 �� Broadcasting via Cable:
� • Enacting Cable Franchise with user fee of
� $0.35 / month
- Option 1, use a shared multi-jurisdictional channel
with Spokane County, City of Spokane and City of
Spokane Valley
� • Only one jurisdiction would be responsible for the feed
'� �`�t� to the channel
�����5
• Agencies would have to coordinate costs &
«i programming
� �r�
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'';�<::
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Yi���� �r?=_
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s� Broadcasting via Cable (con't):
�-'�k���° - Option 2, Spokane Valley asks for our own
�� �x ;
channel.
�.�;�9 <
: • Channel 5 would go away for Valley citizens and be
�r:� w-"� replaced with our programming
ca;.;m
�`�°"�.i • Comcast provides $150,000 up front within 90 days for
ed. i:4
��'`�'`: capital outlays
�., + • Must build return path for signal to Comcast, < 270 days,
'�- approx. cost for return path $15,000 and would be
covered by PEG funds.
• City provides money for operational cost
2
11/12/2009
Web casting via the internet
_: • Use the same equipment that produces the
e signal for cable to produce a signal for
internet broadcasting
• Additional hardware would be needed, costs
3j not covered by PEG funds
,,• Startup costs could be up to $40,000
:• Reoccurring costs could be,up to $1,500 /
month
. � � �.
, �r
x . �,;:, "
;� What are other cities doing?
• We surveyed several cities similar in size to
get an ideal of staffing needs and costs
,� , ���� � "�!
Bellevue� . �- `'�r,�.;g,�`'_ 19�9�200�
Everett 102 300
Spokane,Valley;�:� ` � � =,; � �' �r:88�,920;
FederalWay '88,040
Kent + �4 a ''`'y " �` '86 980J
�� � ?�� Yakima � �84,300
� Bellingham � , i.'' 75,750
�� x 5�,.
Y.
3
11 /12/2009
:, �����n � ��'
�. ;;�
�, r�'" Operational Costs:
. Most cities have at least 1 full-time employee
for broadcasting, average was 3.5
employees
• Annual budgets for broadcasting ranged from
$85,000 — $1.8 million
•�;
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4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ oid business � new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Establishing a Wellness Program for the City
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Information item to Council on October 27, 2009.
BACKGROUND: The purpose of this action is to propose the establishment of a Wellness
Program for the City. This program would direct efforts to decrease the costs to the City
associated with the Health of City Employees. The Association of Washington Cities will be
reducing Asuris Plan rates to Cities achieving the "Well-City" award by 2% in 2012. A resolution
would initiate the achievement of this award.
Staff recommends the establishment a weliness program as part of attainment of the Well-City
award and improvement of Health of City Employees.
OPTIONS: Provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Consensus to move forward at a future council
meeting.
BUDGET/FINANCIAL IMPACTS: Establishment of a wellness budget not to exceed $10 per
regular city employee reallocated from the existing budget allocation for Human Resources.
STAFF CONTACT: John Whitehead, HR Manager
ATTACHMENTS AWC Well-City Brochure.
•
e �
R� Rewa rd s �.�: _��
._: -:�..n.i� . .�;. �:,, :. �
EMPLOYEE � . ":v�����
BENEFIT v
1 RUS 1 �,
_ ., R .
_ T �t. w ��.
— � .. � ���:>� ).•
t � ., " j� '�, sJ �
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Beginning in�Z011, e �p o�e St' � prwfide a More �eWafdS � �
financial reward to members with otrtstanding wellness programs on the horizon
Trust members who eam the 2Q11 ?NeltCity Award Will receive a 2% premium
discount on Regence BlueShield/ASUris Northwest Health employee and spouse This fall, AWC will reveal the details
premiums. The discount wil� be applied m the following year's premium. of an exciting new wel�ness incentive
fer employees and spo�ses!
��''i.' - _- -o ' tii � �,�r�: '1 :_�, i a S_'.:t1-�` . .. ,� ��. .- � :i� .. -
WellCity Awards recognize prooramming completed durin� the previous year.
To become a WellCity Award winner in 2011 and thus eam a premium discount • Additional details and [he 2011
for 2012, your 2010 wellness pro�ram must meet the WellCity Award cri[eria. VJellCity Award application will
Planning for your 2010 wellness program should begin fall 2009. be available in August 2009 at
www.awcnet. org/wellness.
Sam le Timeline •AttendAWC'sworkshopatthe
P Healthy Worksite Summit, October
PLAN APPLY � . 2009 in Bellevue and October 9
2009 in Spokane. Registretion witl
Fall 2D09 February 1, 2011 be available in Au�ust.
• Be�in plannina 2010 wetlness • Submit 2011 WellCity Award • Schedule a wellness pro�ram
program to meet 2011 AW� Applica[ion to AWC conwltation with ene of AWC's
WellCity Award criteria Wellness Works prooram staff.
• Submit proposed 2010 Wellness May 2011 ConYact Julie McDcwell a[
Program Operating Plan to AWC for • Announcement of 2017 AWC JuliemC�awcnet.org,
review � feedback WellCity Award winners (360) 753-4137 or (800) 562-84$1.
• 2011 WetlCityAwardwinners :,: �
IMPLEMENT are notified of their eligibitity to '� `` Ciiyu
January - December 2010 receive the premium discount ��
• Imptementwellness program that REAP TH�,REWARDS I
meets 2011 AWG WeftCityAward �
criteria January- December, 2012 _
• 2011 WellCity Award winners I i �
receive 2% discount an AWC �
r' t Trust Regence BtueShield/Asuris ���; ��
'" ' ,., � ., NorthNvest Health emplayee and , � .
.r .:. �, sp4ttse p!errtiums �
- �� ' ' � —
�. �— - - _ _ - , , _
z �
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ wnsent ❑ old business � new business ❑ public hearing
❑ information � admin. report ❑ pending legislalion
FILE NUMBER: CTA-04-09
AGENDA ITEM TITLE: Administrative Report — Amendments to Spokane Valley Municipal Code (SVMC)
DESCRIPTION OF PROPOSAL: Chapter 19.40.010 — State that cargo shipping containers and similar
enciosures are not a permitted accessory structure in any residential zone.
Chapter 19.20.06 - State that additions to nonconforming structures must meet current zoning setbacks.
Chapter 19.40.100 — Remove language to clarify the size limits of Accessory Dwelling Units.
Chapter 19.40.140 - State that a Home Occupation permit is required for any business person or entity
engaging in a for-profit enterprise in a residence. Add and cfarify examples of not allowed businesses
including adding "small engine repair" to the definition.
Chapter 19.50— .050(G)2 Add the requirement that buildings must meet applicable buiiding code requirements;
060(C)3 Active recreation areas are Community Development Director determined.
:hapter 19.120 - Add Self Storage/mini storage to permitted uses in both the I-1 and I-2 zones.
GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments
PREVIOUS ACTION TAKEN: None
BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective
October 28�", 2007. Following the adoption of the code, a number of items were discovered which were
incorrect, impractical, or omitted. These amendments are corrections of some of these items.
Staff presented this series of proposed amendments to the Planning Commission at a study session on
September 24, 2009. The Planning Commission heid a public hearing on the proposed amendments on October
8, 2009. Staff is scheduled to present the Planning Commission's recommendations and findings at the October
27, 2009 Councii meeting.
APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides approval
criteria for text amendments to the Spokane Valley Municipal Code. The criterion stipulates that the proposed
amendment(s) must be consistent with the applicabie provisions of the Comprehensive Plan and bear a
substantial relation to the public health, safety, welfare, and protection of the environment.
OPTIONS: Advance item to first reading of the ordinance as proposed, or as modified; direct staff further.
RECOMMENDED ACTION OR MOTION: Move to advance proposed code amendment to first reading of the
ordinance at the December 1, 2009 Council meeting.
BUDGET/FINANCIAL IMPACTS: None.
1 of 2
STAFF CONTACT:
Tavis Schmidt, Assistant Planner
ATTACHMENTS:
1. Draft Spokane Valley Municipal Code text amendments
2. PowerPoint Presentation
: - �
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2of2
Department of Community Development
Plannin� Division
City Council
Administrative Report
CTA-04-09
Amendments to the Spokane Valley Municipal Code
November 17, 2009
""„""°;...'°`"°`° Department of Community Development
,.�.�w� Planning Division
B ackground
• Uniform Development Code effective October
28, 2007
• Planning Commission study session September
24, 2009
• Planning Commission public hearing October
8, 2009
Department of Community Development
Plannin� Division
Proposed Amendments
• Chapter 19.20.060 - Nonconforming structures
• Chapter 19.40.010 - Permitted accessory structures in
residential zone.
• Chapter 19.40.100 - Accessory Dwelling Units
� Chapter 19.40.140 - A Home Occupations
• Chapter 19.50.050 - Planned Residential Developments
• Chapter 19.120 - Schedule of Permitted Uses
OIYM/.IITiSOpR�YFV Department of Community Development
� Plannin� Division
.
Nonconforming uses an structures
19.20.060 C. Nonconforming Structures
The expansion or alteration does not create additional
nonconformity with respect to building setbacks or lot coverage;
additions to nonconfonnin� structures must meet setbacks as
required bv the zonin� district.
Non- New
conforming Addition
2 feet � structure �� 5 feet
Property Line
""�"""°.'�°`"°`° Department of Community Development
,,.rr,�,rs Planning Division
District purpose and supplemental use
regulations — Residential Zones
19.40.010 General provisions.
shinni
itted
., .
Department of Community Development
Planning Division
District purpose and supplemental use
regulations — Residential Zones
19.40.100 Accessory dwelling unit (ADi�
C. Development Standards and Criteria.
1. All ADUs, both attached and detached, must meet the
following requirements:
b. The ADU may not exceed
50 percent of the habitable square footage of the
principal dwelling unit, nor be less than 300 square feet;
Department of Community Development
Plannin� Division
District purpose and supplemental use
regulations — Residential Zones
19.40.140 Home occupations.
I��i ,JI�`.�I �:m� ` �illii+. :U�ial ISI 'I ��1 � • 1 �
�xmhh����n��t. Home occupations are permitted as
accessory uses, incidental to the property's principal use as a
residence subject to the following requirements:
J. Uses which are considered detrimental to the residential
i character are nc
. . � n
Department of Community Development
Plannin� Division
Definitions
Home occupation: An occupation, profession or craft incidental
to the residential use, excluding an adult retail use
establishment, adult bookstore or adult entertainment
establishment. The following are not considered holne
inc
in� but not limi
_ Auto repair; small
en i� ne repair; welding or metal plating shops; large
appliance/electronics or equipment repair or service; truck
hauling and/or tow storage yard; vehicle sales; cabinet making;
manufacturing and/or related storage; kennel or stables;
wholesale or retail sales and restaurants/drinking establishments
""".""."°`."`° Department of Community Development
..,�,,,,r.r, Plannin� Division
Planned Residential Developments
19.50.050 Development standards
The following standards shall govern the administration of this
chapter:
G. Setback and Side Yard Requirements.
2. Setbacks or Side Yards Between Buildings. The
standard setbacks and yard requirements between buildings may
be waived in a PRD. Buildings may have common walls and,
therefore, built to the property line as in townhome construction.
All huildin�s must meet annlicable buildin� code reQUirements.
Department of Community Development
Plannin� Division
Planned Residential Developments
19.50.060 Open space standards.
Each PRD shall dedicate not less then 30 percent of the gross
land area for common open space for the use of its residents.
Common open space areas shall meet the following criteria:
C. Types of Open Space.
3. The percentage of active recreational areas may be
increased to as high as 50 percent if it is determined that
anticipated recreational needs will require a larger percentage. In
increasing this percentage, the following standard should be
used: the ratio of one acre to 125 residential units.
a. Communitv Development Di
the amount
of required active recreation areas.
°""°"."'°`°"" Department of Community Development
.�r.r.r Plannin� Division
Chapter 19.120 Permitted and Accessory Uses
• Update matrix to allow Storage, self-service facility in areas zoned
I-1 Light Industrial and I-2 Heavy Industrial
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"""""`�_°°`"�`° Department of Community Development
�.�r�wi. Planning Division
Questions`?
S�okane
��alle�
11707 E Sprague Ave Suite 106 � Spokane Valley WA 99206
509.921.1000 � Fax: 509.921.1008 0 cityhall@spokanevalley.org
N lemorandurn
To: Mayor and City Councilors
From: John Carroll, Chair - Spokane Valley Planning Commission
Date: October 14, 2009
Re: Planning Commission Findings and Recommendation: CTA-04-09
BACKGROUND
The Uniform Development Code was adopted in September 2007 and became effective on October 28, 2007.
Following the adoption of the code a number of items were found to be either incorrect, impractical, or omitted.
The amendments outlined here are corrections to the code recommended by staff. The Planning Commission
held a public hearing on October 8, 2009. ,
The Planning Commission's findings and recommendation on CTA-04-09 are summarized below:
'INDINGS
1. Notice for the proposed text amendment was placed in the Spokane Valley News Herald on September 4,
2009.
2. Pursuant to the State Environmental Policy Act (SEPA — RCW 43.21 C) an environmental checklist was
required for the proposed text amendment.
3. Staff reviewed the environmental checklist and a threshold determination was made for the proposed text
amendment. An Optional Determination of Non-significance (DNS) was issued for the proposed text
amendment on October 2, 2009.
4. The DNS was published in the city's official newspaper on September 11, 2009 consistent with the City of
Spokane Valley Environmental Ordinance.
5. The Spokane Valley Planning Commission conducted a public hearing on October 8, 2009, to consider the
proposed text amendment. After hearing public testimony, the Commission made a recommendation on
CTA-04-09.
Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be
considered when the City amends the SVMC.
Planninp Commission Findinqs:
1. The Planning Commission finds the proposed text amendmenfs to be consistent wifh the
applicable provisions of the City's Comprehensive Plan;
Citv of Spokane Vallev Goals and Policies
a. LUG-1 Preserve and protect the character of Spokane Valley's residential neighborhoods.
Requiring non-conforming structures to meet current setback standards protects neighborhoods
1 of 2
from additional impacts. Limiting the size and type of Accessory Dwelling Units will create
consistency throughout neighborhoods and enable residents to provide additional housing
options.
b. LUG-2 Encourages a wide range of housing types and densities commensurate with the
community's needs and preferences.
c. LUG-14 Improve the appearance and function of the built environment.
d. HG-2 Encourages the use of affordable housing initiatives. By allowing Accessory Dwelling
Units, conditionally, it enables residents the opportunity to provide more affordable housing
options on already developed land.
e. EDG-1 encourages diverse and mutually supportive business development and the expansion
and retention of existing businesses within the City for the purpose of emphasizing vitality,
stability, and sustainability. Allowing self storage/mini storage to locate in the industrial zones,
allows for a wider range and flexibly of uses.
f. EDG-7 works to maintain a regulatory environment that offers flexibility, consistency,
predictability and clear direction.
g. LUG-14 Improve the appearance and function of the built environment. By requiring non-
conforming structures to meet current setbacks it improves the appearance and function by
making the structures more conforming.
2. The Planning Commission finds the proposed text amendments to bear a su6stantial
relation to public health, safety, welfare, and protection of the environment;
The amendments are being proposed strictly to correct errors or inconsistencies as follows:
a. Requiring all businesses based within a residence to obtain a Home Occupation permit
consistent with actual policy and procedures. Clarify the definition of Home Occupations.
b. Additions to non-conforming structures must meet current zoning setbacks, consistent with
policy and procedures.
c. Clarify the size limits of Accessory Dwelling Units.
d. Correct and clarify requirements of the Planned Residential Development standards. Clarifying
how active recreation space area is determined; clarifying that structures must meet building
code standards.
e. The proposed amendments to the Municipal Code meet the above outlined goals, and are thus
consistent with the Comprehensive Plan.
ADOPTION OF FINDINGS: The Planning Commission is required to adopt findings of fact when
recommending changes to the Spokane Valley Municipal Code. At the conclusion of the hearing, the Planning
Commission, by separate motion, adopted the findings of fact for CTA-04-09.
Approved this 14 th day of October, 2009
John Carroll, Chair
City of Spokane Vailey Planning Commission
2of2
19.20.060 Nonconforming uses and structures.
A. Applicability. Legal nonconforming uses and structures include:
1. Any use, which does not conform with the present regulations of the zoning district in which it is
located shall be deemed a nonconforming use if it was in existence and in continuous and lawful
operation prior to the adoption of these regulations;
2. Any permanent structure in existence and lawfully constructed at the time of any amendment to
this code, which by such amendment is placed in a district wherein it is not otherwise permitted
and has since been in regulaz and continuous use;
3. Any permanent structure lawfully used or constructed that was in existence at the time of
annexation into the City and which has since been in regulaz and continuous use;
4. The provisions of this chapter do not apply to structures or uses deemed nonconforming only
pursuant to the Shoreline Management Act (Chapter 90.58 RCW) and the Spokane Valley
Shoreline Master Program (Chapter 21.50 SVMC).
B. Continuing Lawful Use of Property.
1. The lawful use of land at the time of passage of this code, or any amendments hereto, may be
continued, unless the use is discontinued or abandoned for a period of 12 consecutive months.
The right to continue the nonconforming use shall inure to all suwessive interests in the property.
It is specifically provided, however, that any nonconforming use discontinued as a result of
foreclosure or judicial proceedings, including probate, shall be permitted to continue for a period
not to exceed 24 months. Discontinuance of a nonconforming use shall commence on the actual
act or date of discontinuance.
2. A nonconforming use that is abandoned or discontinued shall not be replaced with another
nonconforming use.
3. A nonconforming use which has not been abandoned or discontinued may be replaced with the
following:
a. A conforxning use;
b. Another nonconforming use; provided, that the new use is not less confornting than the prior
use. This determination will be made by the director based on the NAICS codes;
c. The proposed use places no greater demand on transportation and other public facilities than
the original use; or
d. The proposed use does not adversely affect or interfere with the use of neighboring property.
4. A nonconforming use may be expanded only within the boundaries of the original lot or tract and
any adjacent lot or tract that was under the same ownership as the lot or tract at the time the use
on the original lot or tract became nonconforming i£
a. The expanded use does not degrade the transportation level of service greater than the
original use; and
b. The expanded use does not adversely affect or interfere with the use of neighboring property;
and
c. Any transfer of ownership or interest on adjacent lots or tracts was made contemporaneously
with the transfer of ownership of the lot or tract on which the nonconforming use is located as
part of a single transaction; and
d. The expansion does not create additional development opportunities on adjacent tracts that
would not otherwise e�st.
5. Residential lots made nonconforming relative to lot size, lot depth, setbacks and width shall be
deemed in conformance with this code, as long as the use of the lot is allowed in the respective
district.
6. Nonconforming uses that do not provide the required number of off=street pazking spaces
pursuant to current standards shall not be considered as nonconforming.
7. Any nonconforming use damaged by fire, flood, neglect or act of nature may be replaced i£
a. Restoration of the use is initiated within 12 months; and
b. The damage represents less than 80 percent of market value.
8. Any nonconforming use changed to a conforming use shall not be permitted to convert to a
nonconforming use.
C. Nonconforming Structures. Expansion of a nonconforming structure is allowed in accordance with the
following:
1. The expansion or alteration does not change the occupancy classification under adopted building
codes;
2. The expansion or alteration does not create additional nonconformity with respect to building
setbacks or lot coverage• additions to nonconforminp structures must meet setbacks as required
by the zonine district.:
3. The number of dwelling units in a nonconforming residential structure does not increase so as to
exceed the number of dwelling units permitted within current regulations;
4. Off-street loading and/or parking, stormwater detention and landscaping shall be provided for the
alteration or expansion in accordance with current provisions; and
5. Any nonconforming structure damaged by fire, flood, neglect or act of God may be replaced i£
a. Restoration of the structure is initiated within 12 months; and
b. The damage represents less than 80 percent of market value of the structure.
D. Completion of Permanent Structures. Nothing herein shall require any change in the plans,
construction, or designated use of a building or structure for which a building permit has been issued or a
site plan approved by the City or Spokane County prior to incorporation of the City before the effective
date of this code, nor shall any building or structure for which a substantially complete application for a
building permit was accepted by the building official on or before the effective date of these regulations;
provided, that the building permit shall comply with all applicable regulations on the date that the
application was Filed and the building permit is issued within 180 days of the effective date of these
regulations. (Ord. 07-015 § 4, 2007).
19.40.010 General provisions.
A. No principal or accessory structure shall be located within the clearview triangle (Chapter
22_70 SVMC).
B. In the districts where the height of buildings is restricted to 35 feet, cooling towers, roof
gables, chimneys and vent stacks may extend for an additional height, not to exceed 40
feet, above the average grade line of the building. Water stand pipes and tanks, church
steeples, domes and spires and school buildings and institutional buildings may be erected
to exceed maximum height requirements; provided, that one additional foot shall be added
to the width and depth of front, side and rear yards for each foot that such structures exceed
the required height.
C. No structure may be erected to a height in excess of that permitted by applicable airport
hazard zoning regulations.
D. Recreational vehicles shall not be used as permanent or temporary dwelling units in any
residential zone. Guests may park and/or occupy a recreational vehicle while visiting the
occupants of a dwelling unit located on the same lot for not more than 30 days in one
consecutive 12-month period. The intent is to accommodate visiting guests and not to allow
the recreational vehicle to be used as a dwelling unit.
E. Carqo shippinq containers and similar enclosures are not a permitted accessorv structure in
anv residential zone.
€F_The following features attached to structures are allowed as exceptions to the setback
standards:
1. Minor Projections Allowed. Minor features of a structure, such as eaves, chimneys, fire
escapes, bay windows no more than 12 feet long and which cantilever beyond the
foundation of the structure, uncovered stairways, and uncovered decks or balconies,
may extend into a required setback up to 20 percent of the depth of the setback.
However, they may not be within three feet of a lot line when a setback is required.
Wheelchair ramps are allowed to project into the setback based on SVMC Title 24,
Building Codes. Attached mechanical equipment such as heat pumps, air conditioners,
emergency generators and water pumps are allowed to project into the side or rear
setback only. (Ord. 08-026 § 4, 2008; Ord. 08-006 § 1, 2008; Ord. 07-015 § 4, 2007).
19.40.100 Accessory dwelling unit (ADin.
Attached and detached ADUs aze permitted in all residential zoning districts and shall adhere to the
appearance of single-family residences. An attached ADU is an accessory dwelling unit that has one or
more vertical and/or horizontal walls in common with, or attached to, the principal dwelling unit. A
detached ADU is a freestanding accessory dwelling unit that is not attached or physically connected to the
principal dwelling unit.
A. Purpose and Intent.
1. To increase the supply of affordable housing units and encourage housing diversity through better
use of the eacisting housing stock in neighborhoods in a manner that is less intense than new
development;
2. To make housing units available to moderate-income people and special populations including
the eldedy, mentally ill, victims of domestic abuse, persons with disabilities or injuries, and the
homeless who might ottterwise have difficulty finding homes within the city that support
independentliving;
3. To provide residents, particularly seniors, single pazents and families with grown children, with a
means to remain in their homes and neighborhoods by obtaining through tenants in either the
ADU or the principal unit, extra income, companionship, security, and services;
4. To make better use of existing public investment in streets, transit, water, sewer, and other
utilities; and
5. To protect neighborhood stabiliry, properry values, and the single-family residential appearance
of neighborhoods by ensuring that ADUs are installed under the conditions outlined in this code.
B. Conditions and Limitations.
1. The design and size of the ADU shall conform to all standards in the building, plumbing,
electrica(, mechanical, fire, health, utilities and any other applicable codes;
2. An ADU may be developed in conjunction with either an existing or new residence;
3. One ADU, attached or detached, is allowed per lot as an accessory dwelling unit;
4. The ADU must be a complete, independent housekeeping unit;
5. The combined footprint of all accessory structures shall not exceed 10 percent of the lot area;
6. Home professions shall be allowed only within the principal dwelling unit, not the ADU;
7. The owner, as established by the titleholder, must occupy either the principal dwelling unit or the
ADU as their permanent residence, but not both, for six months or more of the calendar year, and
at no time receive rent for the owner-occupied unit; and
8. Approval of an ADU will be revoked if the ADU is no longer in compliance with the
development standards and criteria outlined in subsection C of this section.
C. Development Standards and Criteria.
1. All ADUs, both attached and detached, must meet the following requirements:
a. One paved off-street pazking space shall be required for the dwelling unit in addition to the
off=street pazking required for the main residence;
I b. The ADU may not exceed `n _e_..,.... ,.s.,.,..,.«,.� ti..ti:«..�.i., r.,..._:... .,.,a 50 percent of the
habitable square footage of the principal dwelling unit, nor be less than 300 square feet;
c. The total number of individuals that reside in the ADU shall not exceed the number of
persons that are defined as a family;
d. The ADU shall be a complete, separate housekeeping unit;
e. The entrance to the ADU shall be located on the side or in the rear of the structure or in such
a manner as to be unobtrusive in appearance when viewed from the front of the street, and
only one entrance may be located on the facade of the principal dwelling unit in order to
maintain the appearance of a single-family residence;
£ The ADU unit shall not have more than two bedrooms; and
g. The ADU shall be designed to meet the appearance of a single-family residence and must be
the same or visually match the principal dwelling unit in the type, size and placement of the
following:
i. Exterior finish materials;
ii. Roof pitch;
iii. Trim;
iv. Windows, in proportion (relationship of width to height) and orientation (horizontal or
vertical).
2. Additional Development Standards for Detached ADUs.
a. Shall be located behind the front building setback line and placed on a permanent foundation;
b. Shall preserve all side yard and rear yazd setbacks for a dwelling unit, as established in
SVMC 19.40.02Q Residential standazds;
c. Shall not be allowed on lots containing a duplex, multifamily dwelling or accessory
apartment contained within the principal structure; and
d. Existing detached accessory structures may be converted into detached ADUs; provided, that
all development standards and criteria are met, including side yard and rear yazd setbacks.
D. Application Process.
1. Application for an ADU permit shall be made to the department of community development in
accordance with the permit procedures adopted by the deparhnent;
2. Shall include a letter of application �rming that one legal titleholder will live in either dwelling
unit, meeting the requirement of owner occupancy;
3. An ADU application shall also be filed as a deed restriction with the Spokane County department
of records and elections to indicate the presence of an ADU, the requirement of owner
occupancy, and other standards for maintaining the unit as described in this code; and
4. Cancellation of an ADU's registration may be accomplished by the owner filing a letter with the
department of community development for recording at the department of records and elections,
or may occur as a result of an enforcement action. (Ord. 08-006 § 1, 2008; Ord. 07-015 § 4,
2007).
19.40.140 Home occupations.
Anv person group or entity conductin ag „ for profit" enterprise from a location whose primary use is a
residence must obtain a home occupation permit.
Home occupations are permitted as accessory uses, incidental to the property's principal use as a
residence subject to the following requirements:
A. Property shall retain a residential appearance and character;
B. All storage shall be enclosed within the residence or accessory structure;
C. There shall be a limit of two employees not residing on the premises engaged in the home occupation;
D. One unlighted sign placed flush against the exterior wall of the principal structure not exceeding four
square feet in area is permitted;
E. There shall be no window display nor shall sample commodities with the exception of flowers and
produce gown on the premises be displayed outside the building(s);
F. The hours of operation of a home occupation are limited to 7:00 a.m. to 10:00 p.m.;
G. The home occupation use shall not create electronic interference including, but not limited to,
interference with radio, satellite reception, telephone or television reception, nor generate measurable
levels at the property line of noise, dust, smoke, odor or glare. The home occupation activiry shall not
generate solid waste in volume or type which is not normally associated with residential use unless
specifically permitted;
H. Loading docks and mechanical loading devices are not permitted; and
I I_No traffic or pazking of vehicles shall be generated by a home owupation in greater volumes than
normally expected in a residential neighborhood and any need for parking must be accommodated
within the required off-street parking for the dwelling unit. (Ord. 07-015 § 4, 2007).
J Uses which are considered detrimental to the residential ap�earance and character are not allowed as
home occupations (as per Appendix A- Definitions).
19.50.050 Development standards.
The following standazds shall govern the administration of this chapter:
A. Relationship of PRD Site to Adjacent Areas. The design of a PRD shall take into account the
relationship of the site to the surrounding azeas. The perimeter of the PRD shall be so designed as to
minimize adverse impact of the PRD on adjacent propeRies and, conversely, to minimize adverse
impact of adjacent land use and development characteristics on the PRD.
B. Site Acreage Minimum. The minimum site shall be five acres.
C. Minimum Lot Size. The minimum lot size provisions of other sections of the UDC do not apply in a
PRD, except that the minimum lot size requirements of the underlying zone shall serve as the
criterion to calculate the total number of dwelling units allowed in the proposed PRD based on the
gross acreage of the entire development.
D. Density. In a PRD, the hearing examiner may authorize a dwelling unit density not more than 20
percent greater than that permitted by the underlying zone, rounded to the nearest whole number;
provided, that the open space amenities described in SVMC 19.50.060 are met.
E. Maximum Coverage. Building coverage and development of the site shall not exceed the percentage
pertnitted by the underlying zone.
F. Landscaping Required. All common open space shall be landscaped in accordance with the
landscaping plan submitted by the applicant and approved by the hearing examiner. Natural landscape
features which are to be preserved, such as existing trees, drainage ways, rock outcrops, etc, may be
accepted as part of the landscaping plan.
G. Setback and Side Yard Requirements.
1. Setbacks from the exterior boundary line of the PRD azea shall be comparable to or compatible
with those of the existing development of adjacent properties, or, if adjacent properties are
undeveloped, the type of development which may reasonably be expected on such properties
given the e�sting zoning of such properties or the Comprehensive Plan and/or adopted subazea
plans;
I 2_Setbacks or Side Yazds Between Buildings. The standazd setbacks and yard requirements
between buildings may be waived in a PRD. Buildings may have common walls and, therefore,
built to the property line as in townhome construction.
�-3 All buildings must meet applicable buildin� code requirements
H. All streets shall be designed and constructed to public street standazds.
I. Off-street parking shall be provided in accordance with Chapter 22_50 SVMC.
J. Secondary Use Limitations.
1. Commercial uses are subject to site plan review procedures and shall be provided for in the
application for the development within which the commercial use is to be integrated;
2. The gross floor azea of the commercial use shall not exceed the product of 50 square feet
multiplied by the number of dwelling units within the development;
3. Construction of at least 35 percent of the residences in the PRD must be completed before any
building permits will be issued for the construction of commercial uses, except this shall not
prohibit a sales office; and
4. Commercial uses within a PRD shall be of a size and type to serve primazily the residents of the
development, and shall be internally located to fulfill this function. (Ord. 07-015 § 4, 2007).
19.50.060 Open space standards.
Each PRD shall dedicate not less than 30 percent of the gross land azea for common open space for the
use of its residents. Common open space areas shall meet the following criteria:
A. Location. The azea proposed for open space shall be entirely within the PRD and within reasonable
walking distance of all dwelling units in the PRD. Where practical, the proposed common open space
shall be located adjacent to other established or planned park and recreational areas in adjacent
developments, schools, or City pazks; provided, that such dedication would increase the overall
beneFit to the residents of the PRD and conform to other criteria in this section.
B. Access. All dwelling units within the PRD must have legal access to the proposed common open
space at the time of final PRD approval. Private or access roads, trees or other landscaping may
separate the common open space area. However, access should not be blocked by major obstacles
such as arterial or collector roadways or significant natural features such as rivers, streams or
topographic features. Areas dedicated for active recreational open space shall have reasonable access
from street frontages. Design measures should accomplish the purposes of access and security.
C. Types of Open Space.
L Land dedicated for open space should be usable for either greenbelts that serve as a buffer
between land uses, using existing vegetation, or an aesthetic amenity such as boulevard trees,
active recreational activities, or for protecting environmentally sensitive areas such as wetlands.
2. Except as provided in subsection (C)(3) or (4) of this section, a minimum of 30 percent of the
required common open space area shall be suitable for active recreation. The topography, soils,
hydrology, and other physical characteristics of the area proposed for active recreation shall be of
such quality as to provide a dry, obstacle-free space in a configuration which is suitable for active
recreation.
3 Community Development Director determines the amount of required active recreation areas.
34. The percentage of active recreational areas may be increased to as high as 50 percent if it is
determined that anticipated recreational needs will require a larger percentage. In increasing this
percentage, the following standard should be used: the ratio of one acre to 125 residential units.
I 4.5. The percentage of active recreational area may be decreased to as low as 15 percent if it is
determined that:
a. Inclusion of buffers or environmentally sensitive lands such as wetlands would better
meet the open space needs of the residents of the subdivision; or
b. Meeting the standazd would require detrimental grading or other disturbance of the
natural setting.
D. Land requued for open space shall not include:
1. Accessory buildings, climate-controlled improvements, and azeas reserved for the exclusive use
and benefit of an individual tenant or owner;
2. Dedicated streets, alleys or public rights-of-way, required landscaped areas, areas required for
yazd depth or building setback or separation;
3. Vehicular driveways, private streets, parking azeas, loading or storage areas; or
4. Floodplain (100-year), floodprone areas, drainage easements, natural drainage areas or creeks
unless maintained as an amenity and specifically approved as being suitable for open space.
E. Implementation. The area proposed for open space shall be dedicated in common to the property
owners within the plat or to a homeowners' association. Maintenance and operation of the dedicated
open space shall be the responsibility of the property owners' or homeowners' association.
1. The City may choose to accept dedication, maintenance and operation responsibilities when the
common open space azea to be dedicated is in the public interest and either one or a combination
of the following:
a. Greater than 10 acres;
b. Adjacent to an established or future City park or school grounds;
c. Is an access to a body of water greater than three acres in size; or
d. Is an environmentally sensitive azea.
2. The dedication shall be identified on the PRD plan.
F. Improvements. The following improvements to the azea proposed for dedication may be required
prior to final approval of the PRD:
1. Removal of construction debris and hazards; and
2. Rough grading and establishment of grass cover over those portions of the site suitable for
pla�elds.
G. Equivalent Facilities. When areas proposed for dedication do not meet the criteria for dedication in
this chapter, such land may be improved by grading, filling, landscaping, or with installation of
recreation equipment so as to be equivalent in result to the intent of this chapter. Determination of
equivalency shall be made by the director according to the following guidelines:
1. The proposed land and improvements must create recreational opportunities generally equivalent
to or greater than the land required for the residents within the PRD;
2. The proposed land and improvements must not result in significant disturbance or alteration of an
environmentally sensitive area, unless otherwise allowed by the City;
3. The proposed land and improvements shall be dedicated in accordance with subsection F of this
section.
H. Stormwater Detention Facilities. Stormwater detention ponds may be allowed by the City as part of
dedicated open space subject to the following criteria:
1. The detention pond shall be constructed so as to drain fully when precipitation is not occursing
(i.e, no standing water may be lefr) unless the pond is designed as an aesthetic amenity;
2. The side slope of the detention pond shall not exceed 33 percent unless slopes are existing,
natural and covered with vegetation;
3. If detention facilities aze located adjacent to or near a natural, yeaz-round stream or wetland, these
systems shall be lefr in natural or near-natural condition;
4. The detention area shall be landscaped in a manner which is both aesthetic and able to withstand
the inundation expected;
5. Use of a dedicated open space azea for stormwater detention shall not be acceptable if the
detention azea must be fenced or otherwise rendered unsuitable or unavailable for recreation use
during dry weather; and
6. In the case of joint use of open space for detention and recreation, the home owners or
homeowners' association shall be responsible For maintenance of the detention facilities.
I. Rights and Duties. The owners of open space shall have the following rights which may be exercised
in respect of such land, subject to restrictive covenants or other restrictions:
1. The right to locate recreational facilities, such as tennis courts, swimming pools, picnic tables,
and fireplaces (accessory to picnic tables) designed to be used exclusively for the use of residents
of the development and their guests;
2. The right to locate pedestrian paths, bicycle paths and bridle paths;
3. The right to take whatever measures aze reasonably necessary to protect and maintain such land,
or land or property adjacent thereto, or to correct a hazardous condition posing a threat to life or
limb;
4. The right to regulate access to or enhy on the open space land and duty to maintain such land.
(Ord. 07-015 § 4, 2007).
Home occupation: An occupation, profession or craft incidental to the residential use,
excluding an adult retail use establishment, adult bookstore or adult entertainment
establishment. The followinq are not considered home occupations includinq but not limited to:
Auto repair; welding or metal plating shops; large appliance/electronics or equipment repair or
I service; small enqine repair; truck hauling and/or tow storage yard; vehicle sales; cabinet
making; manufacturing and/or related storage; kennel or stables; wholesale or retail sales and
restaurants/drinking establishments are not home occupations.
Chapter 19.120
PERMITTED AND ACCESSORY USES
Sections:
19.120.010 General.
19.120.010 General.
Uses are classified using the 2002 North American Industry Classification System (NAICS) published by the U.S. Census Bureau
based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be
permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19-A, the schedule of
permitted and accessory uses.
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Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
� information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Street and Stormwater Maintenance Contract Renewal
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Street and Stormwater Maintenance Contract
Approval on April 24, 2007, Contract Renewal on February 6, 2008 and January 20, 2009
BACKGROUND:
The City conducted a RFP process in March 2007. In April 2007 the Council awarded the
contract to Poe Asphalt Paving by the following motion:
4. Motion Considerariou: Conhact Auuroval for Sheet and Stormwater mainteuance a»d Reuau� — Neil
Kersteu. It rvns mored by Councilmernber Mruuon and seco�ided to atircrrd the conirnct to Poe Asphnit
Pnving in mi anrormt rrot to exceed 51,175,119, and �rdhoriae tl�e City 1Lfnnnger• or �lesignee to sign the
cor�trnct nnd fuhere serenyear reneivable opSons as proi�ided itt the RFP doctmaents. Public R/orks
D'u�ector Kersten explav�ed that diere have Ueen no changes suice tlus was last discussed before Coimcil.
Deputy Mayor Taylor invited puUlic eomments; �o comments were offereci. Vote by Acclanrntion: In
fnvor: Unanimrnis. Oppo.red: None. Abstentions: Norae. Motion cm�ried.
The contract was for one year with seven one-year renewal options which may be exercised by
the City. Poe Asphalt Paving provided an excellent level of service during 2007, 2008 and
2009.
The Contract amount has been unchanged for 3 years. City streets are continuing to decline in
the Overall Condition Index (OCI) which is resulting in a decline of about 2.5% per year as the
result of a lack of adequate maintenance. An increase of $200,000 will provide some
improvement to the overall shortfall.
Poe Asphalt has requested a 3.3°/a increase to their unit bid prices for labor. All other unit prices
wiil remain the same for 2010.
I recommend that we approve the unit price increases and approve the base contract to Poe
Asphalt paving in the amount of $1,375,119.
OPTIONS: Renew the contract, not renew the contract or provide further direction.
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS: The contract will be funded by the approved 2010 budget.
STAFF CONTACT: Neii Kersten
ATTACHMENTS: 2010 draft contact renewal letter
�c����e
jValley�
11707 E Sprague Ave Suite 106 � Spokane Valley WA 99206
509.921.1000 � Fax: 509.921.1008 � cityhallC�spokanevalley.org
December XX, 2009
Poe Asphalt Paving, Inc.
2732 N Beck Road
Posf Palls, ID 83854
Re: lmplementation of 2010 option year, Contract No. 09-003, for Agreement for Street and
Stormwater Maintenance and Repair Services, No. 07-008, executed March 13, 2007
Dear Mr. Griffith:
The City executed a contract for provision of Street and Stormwater Maintenance and Repair
Services on May 11, 2007. The Request for Proposal states that it was for one year, with 7
optional one year terms possible if the parties mutually agree to exercise the options each yeaz.
The City would like to exercise the 2010 option year of the Agreement. The Compensation as
outline in Exhibit A, 2010 Cost Proposal, includes the increases you requested and shall not
exceed $1,375,119. This is the third of seven possible option years that can be exercised, and
runs through December 31, 2010.
Exhibit "A" — 2010 Cost Proposal
All of the other contract provisions contained in the original agreement are in place and will
remain unchanged in exercising this option year.
If you are in agreement with exercising the 2010 option year, please sign below to acknowledge
the receipt and concurrence to perform the 2010 option year. Please return two (2) copies to the
City for execution. A fully executed original copy will be mailed to you for your files.
CITY OF SPOKANE VALLEY Poe Asphalt Paving, Inc.
Name and title Name and title
Date signed Date signed
2. LABOR Costs
Descri tion Hourl Cost OT Cost
SuperintendentlMan er $ 56.35 $ 70.05
Foreman $ 41.85 $ 55.45
0 erator $ ao.ss $ 54.45
Teamster $ 40.85 $ 54.45
Laborer $ 37.85 $ 50.35
3. EQUIPMENT
Descri tion Hourly Cost
38 KW Tractor $ 60.00
22 KW End Dump $ 60.00
29 KW End Dump $ 60.00
40 DW End Dum $ 60.00
56 Pete End Dum $ 60.00
60 KW End Dump $ 60.00
23 Pete Su er Dump $ 80.50
24 Pete Su er Dump $ 80.50
25 Pete Su er Dump $ 80.50
27 Pete Super Dump $ 80.50
28 Pete Super Dump $ 80.50
257 WaterTruck $ 44.50
259 Water Truck $ 60.00
205 Ford Tack Truck $ 44.50
273 Ford Service Truck $ 39.00
230 Ford F250 $ 16.00
300 Ford F150 $ 16.00
1202 Fard F450 $ 26.75
�208 Ford F450 $ 26.75
�247 Fard F550 $ 26.75
V75 Trailkin Lowbed $ 37.00
1102 4 axle u $ 21.00
1103 4 axle u $ 21.00
1187 4 axle u $ 21.00
1188 4 axle u $ 21.00
1197 Bell Dum Trailer $ 21.00
1144 3 axle tilt trailer $ 26.25
(131 Trailmax Trailer $ 15.75
1132 Trailmax Trailer $ 15.75
1149 Trailmax Trailer $ 15J5
'461 Cat Grade Roller $ 54.50
;406 DD 34 Roller $ 44.25
;411 D na ac 102 Roller $ 44.25
'418 DD70 Roller $ 65.00
;416 DD1�0 Roller $ 79.00
505 Boma $ 85.00
524 Blawknox 5510 $ 175.00
i722 John Deere 210 $ 50.00
i718 Huber 750 $ 55.00
i711 Cat 160 $ 85.50 �
828 Broce Broom $ 55.00
926 tack Trailer $ 16.00
;421 Plate Wackers $ 5.30
946 Multi saw $ 26.25
4. MATERIALS
Descri tion Cost
HMA $ 59.00
Top Course (5/8) $ 6.30
5. SUBCONTRACTORS LIST
Wood 's As halt Sealcoatin , Inc.
Frank Gurne , Inc.
MDM Construction, Inc
Northwest Fence
NorthwestLandscape
Cameron Contractin , Inc.
Ecli se Traffic Control & Fla in
CaYs E e Excavating
6.SUBCONTRACTORS MATERIALS
Descri tion Unit Unit Cost
Quar S alls Ton $ 14.00
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
� information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Street Sweeping Contract Renewal
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Street Sweeping Contract Approval on March 3,
2007, Contract Renewal on January 22, 2008 and December 9, 2008
BACKGROUND:
The City conducted an RFP process in February 2007. In March 2007 the Council awarded the
contract to AAA Sweeping by the following motion:
��W BUSINESS
2. Motion Consideration: Street Sweeuin� Request for Prouosals — Jolm Holuiti�n
Engineer Hohman explained that this issue was previously presented to Councit Noveinber 14 aud
Februuy 20; and that staff now seeks approval of the contract to t1Ae1 Sweeping in an amouut not Co
exceed $473,G87. It ivas mor.ed by Co�mcihi�entber Denenny a�7d seconcled to mnard tMe corTtract to AAA
Siveeping in a�� arrtount not to ezceed $473, 687 and aiithor•i�e the City Mmmger to sign the conirnct nnd
fidure sei�en-pear reneival options ns prorided in the RFP docmner:ts. Mayor Wilhite invited public
comment; no comnlents wete offered. T�ote by Acclarnation: In Fncor: Unnnimoiis. Opposed: None.
Abstentiorrs: None. t�Iotion cnrried.
The contract was for one year with seven one-year renewal options which may be exercised by
the City. AAA Sweeping provided a very good level of service during 2007, 2008 and 2009. In
2009 the total approved contract amount was $490,199.94. There will be no increase in the
2010 unit prices and the total contract amount will remain at $490,199.94. I recommend that we
renew the contract for 2010.
OPTIONS: Award the contract for $490,199.94, or give staff further direction.
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS: The contract will be funded.by the 2010 approved budget.
STAFF CONTACT: Neil Kersten
ATTACHMENTS 2010 DRAFT contact renewal letter..
�crrr
P �
� Valley 11707 E Sprague Ave Suite 106 � Spokane Valley WA 99206
509.921.1000 � Fax: 509.921.1008 � cityhall@spokanevalley.org
December XX, 2009
AAA Sweeping, LLC
P O Box 624
Veradale, WA 99037
Re: Implementation of 2010 option year, Contract No. 09-004, for Agreement for Street
Sweeping Services, No. 07-001, executed March 13, 2007
Deaz Mr. Sargent:
The City executed a contract for provision of Street Sweeping services on March 13, 2007. The
Request for Proposal states that it was for one year, with 7 optional one year terms possible if the
parties mutually agree to exercise the options each year.
The City would like to exercise the 2010 option year of the Agreement. The Compensation as
outline in Exhibit A, 2010 Cost Proposal, shall not exceed $490,199.94. This is the third of
seven possible option years that can be exercised, and runs from January 1 through December
31, 2010.
Exhibit "A" — 2010 Cost Proposal
All of the other contract provisions contained in the original agreement are in place and will
remain unchanged in exercising this option yeaz.
Please sign below to acknowledge the receipt and concurrence to perform the 2009 option year.
Please return two (2) copies to the City for execution. A fully executed original copy will be
mailed to you for your files.
CITY OF SPOKANE VALLEY AAA Sweeping, LLC
Name and title Name and title
Date signed Date signed
Attachment A
AAA SWEEPING 2010 PRICING
ITEM� DESCRIPTION '' :`� ZO10 .,:;
, . . _, „ UNIT PRICE:,
1 Mechanical Sweeper � $ 144.27
2 Kick/Angle Brooms $ 105.32
3 RegenerativeAirSweeper $ 144.27
4 WaterTruck $ 105.32
5 Dump Truck/ End Truck $ 105.32
6 Loader $ 105.32
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Srox�;c� C�u�n
The Spokane County, Community Services, Housing, and Community Development Department has received a
$622,278 grant through the American Recovery and Reinvestment Act of 2009 to help individuals, in need of
rent and utility assistance, before they become homeless. The grant money is being made available through the
federal Department of Housing and Urban Development (HUD), which allows Spokane County to administer
the Homelessness Prevention program to outlying areas. Those interested in applying for assistance must first
complete a screening survey. Applicants may call 2-1-1 and apply over the phone, access the survey directly at
www.spokanecountyhpm.com or leam more about the program and access the survey on the county website at
wwwspokanecoun ,.ore. Simply click on the Homelessness Prevention Program icon on the home page.
Eligibility criteria include; residence in one of Spokane County's outlying areas, demonstration of 50 percent or
less of the Area Median Income, lack of subsequent housing options and a lack of financial resources and
support nehvorks needed to remain housed. The Spokane County 2005-2009 Consolidated Plan demonstrates
that over fifteen thousand households in the county's outlying areas meet the income-eligibility criteria of
earning less than 50 percent of the Area Median Income.
The outlying areas of Spokane County include the cities of Airway Heights, Cheney, Deer Park, Fairfield,
Latah, Liberty Lake, Medical Lake, Millwood, Rockford, Spangle, Spokane Valley, Waverly and the
unincorporated areas.
The county foresees that many eligible households may have little to no exposure to social service programs.
As such, the HP program is designed to guide new or hesitant applicants through the HP process and to link
them with other community resources should they have more intensive needs.
Additional sources of information
Area Median Income information:
htto://wwwspokanecoun . �.org/data/housingcommuni . developmenUhomes/HOME%20rents%20and%20incom
es.doc
Spokane County 2005-2009 Consolidated Plan:
htto: lhvw�v. spokan ecounty. org/data/hou s i n p.c om mun itydeve lopmenUcdbg/2005-
2009%20ame nded%2000N S OLIDATED%20PLAN%20. odf
Spokane County Home Page http:/hvww.suokanecountv.ore
Spokane County Homelessness Prevention Pre-Qualification Eligibility Survey
http:/hnvw.s poka o ecou ntvhp rp.o re
211 Website http:/hvww.win211.ore
Thank you for the opportunity to share this valuable community resource information with City Council
Members of the City of Spokane Valley.
Kate Kennedy
Spokane County Community Deve(opment Specialist
312 West 8th Avenue, Spokane, WA 99204
Desk: (509) 477-4511; Faac: (509) 477-2561
kkennedv(a�,,,spokanecou ntv.org
--• •
Do you live in any of the following areas?
• Airway Heights • Medical Lake
• Cheney • Millwood
• Deer Park • Rockford
• Fairfield • Spangle
• Latah • Spokane Valley
• Liberty Lake • Waverly
• Unincorporated Spokane County
• ' ° .
� KATE KENNEDY
4 Sroco�[Co���rLoxaiT�mSEanas,Ho�u�c.n.wCouvu.�mDnFaeu_�r
� � COMA4UNITY DEVELOPMENT SPECIALIST?
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Get Connected. Get Answers Sp�� �� r���E cso�� a»-as�,
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County resident (excluding City of Spokane)
Income under 50% of the Area Median
(e.g. Family of 4 earns under $30,100/year)
Additional qualifying factors may apply
SPOKANE COUNTYHOMELESSNESS
PREVENTION PROGRAM
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 17, 2009 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
�information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Options for Web Content Management
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: In 2008, the City was informed by NextlT that they were "abandoning"
the InSuite software that we use for managing the content of our website. Since that
time, we have been operating without software maintenance or support. If the software
has problems or fails, our website is at risk of being down. In addition, new State
requirements for website content retention go into effect 2010 January 1. The existing
NextlT does not have the retention capability built in to more recent technology.
Replacement of the software is documented in the 2009 — 2014 Business Plan. The City
has funds in the 2009 budget to replace the website software.
OPTIONS: The City is currently in the process of selecting a provider and purchasing
software that can accommodate our content management requirements.
RECOMMENDED ACTION OR MOTION: For information only.
BUDGET/FINANCIAL IMPACTS: $50,000 has been included in the 2009 budget for the
software purchase as well as $14,400 per year has been budgeted for ongoing hosting,
maintenance and support.
STAFF CONTACT: Mike Jackson, Deputy City Manager; Carolbelle Branch, Public
Information Officer
ATTACHMENTS: Memorandum
Sp�ol�ane `�'
�sValley
11707 E Sprague Ave Suite 106 � Spokane Valley WA 99206
509.921.1000 � F 509.921.1 � cityhall@ spokanevalley.org
M emorandur�n
To: City Council
From: Mike Jackson, DCM, Carolbelle Brench, PIO
CC:
Date: November 1, 2009
Re: Options for Web Content Management
This memo is to update City Council on plans to purchase new website software.
In 2008, we were informed by NextlT that they were "abandoning" the InSuite software that we
use for managing the content of our website. Since that time, we have been operating without
software maintenance or support. If the software has problems or fails, our website is at risk.
With almost half a million hits a year, it is our single largest point of contact with the
community.
In addition, new State requirements for website content retention go into effect January 1,
2010. Because our website information can change daily, we are looking for a provider that can
ensure we meet those requirements.
With that in mind, replacement ofthe software was included in the 2009 Business Plan,
$50,000 for the software purchase is included in the 2009 Budget, and $14,400 per year has
been budgeted for ongoing hosting, maintenance and support.
We are in the process of researching and selecting a provider that can accommodate our
content management requirements, streamline the website content management and add
capacity for Web 2.0 options (RSS feeds, blogs, social media) and include features to make the
website easier to maintain, and make it more user-friendly. Other capacities we are seeking
include the ability to accommodate online citizen requests at some point in the future.
We are in the process of selecting the provider, and anticipate acquisition of the software by
December 31, 2009 with complete implementation within about 4 months of the purchase.