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2010, 09-21 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, September 21, 2010 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT /ACTIVITY GOAL ACTION ITEMS: 1. Mayor Towey City Manager Contract Motion Consideration [public comment] a. Oath of Office: Police Chief Rick hanLeuven, and City Manager Mike Jackson 2. Kathy McClung Sending Items to Planning Commission Motion Consideration (City Center) [public comment] NON - ACTION ITEMS: 3. Greg McCormick Community Development Block Grant (CDBG) Discussion /Information 4. Kathy McClung 5. Mike Stone 6. Morgan Koudelka 7. Neil Kersten 8. Neil Kersten 9. Neil Kersten 10. Neil Kersten 11. Cary Driskell 12. Ken Thompson, Mike Jackson 13. Mayor Towey 14. Mayor Towey 15. Mike Jackson ADJOURN Chickens in Residential Zones Discussion /Information Greenacres Park Support Resolution Discussion /Information SCRAPS Proposed Animal License Fee Increase Discussion /Information Signage on I -90 Discussion /Information Winter Maintenance Contract Discussion /Information Spokane Regional Transportation Council (SRTC) Discussion /Information Congestion Mitigation & Air Quality (CMAQ) Projects Pre -Call for Regionally Significant Projects Code Revision, Assessment Reimbursement District Budget Comparisons Advance Agenda Council Check in City Manager Comments Discussion /Information Discussion /Information Discussion /Information Discussion/Information Discussion /Information Discussion/Information Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the 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 that arrangements may be made. Study Session Agenda, September 21, 2010 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Employment Agreement Between the City of Spokane Valley and Mike Jackson, City Manager GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On August 10, 2010, Council authorized the Mayor to enter into negotiations with Mike Jackson to fill the position of City Manager. On September 7, 2010 Council discussed the Draft Agreement and provided input to Mayor Towey. BACKGROUND: Following the September 7, 2010 Council meeting, Mayor Towey met with Mike Jackson to negotiate revisions to the Draft Agreement. The revisions are indicated in the redline version of the Agreement. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to authorize Mayor Towey to execute the Revised Draft Agreement with Mike Jackson, City Manager. BUDGET /FINANCIAL IMPACTS: Funds are included in the 2010 budget. Contract proposed is less than the budgeted amount. STAFF CONTACT: Mayor Towey ATTACHMENTS: Revised Draft Employment Agreement (9- 21 -10) Between the City of Spokane Valley and Mike Jackson, City Manager Redline version of Draft Agreement. Employment Agreement Between The City of Spokane Valley and Mike Jackson, City Manager Introduction and Recital This Employment Agreement, made and entered into this day of September 2010, by and between the City of Spokane Valley Washington, a municipal corporation, (hereinafter called "Employer ") and Mike Jackson (hereinafter called "Employee ") an individual who has the desire, education, training and experience in local government management - including experience in Spokane Valley - and who, as a member of International City /County Management Association (ICMA), is subject to the ICMA Code of Ethics, to be the City Manager of Spokane Valley, Washington. Both the Employee and the Employer desire to establish terms and conditions which provide a clear understanding as to expectations, compensation, benefits and other matters pertinent to a mutually productive and positive Employer /Employee relationship. In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Term This agreement shall remain in full force in effect from September 2010 retroactive to August 10, 2010 (date of appointment by City Council) until terminated by the Employer or Employee as provided in this agreement. Section 2: Duties and Authority Employer agrees to employ Mike Jackson as City Manager to perform the functions and duties specified in Title 2, Chapter 2.15 of the Spokane Valley Municipal Code, RCW 35A.050 -.150, and to perform other legally permissible and proper duties and functions. Section 3: Residency Per the Spokane Valley Municipal Code Title 2.15.070 Residency, the city manager is not required to be a resident of the City on the date of City Council appointment but shall reside in Spokane County within six months of such appointment unless otherwise waived by the city council. This section releases the Employee from any obligation to live within the City limits of Spokane Valley. (Employee currently resides within Spokane County and has done so since June 2003.) Section 4: Compensation 1. Base Salary Employer agrees to pay Employee a base annual salary of $154,000. Employer shall not, at any time during the term of the Employee's tenure in office, reduce the salary, compensation or other financial benefits of Employee, except to the same degree of such a reduction across - the -board for all employees of the Employer. City Manager Contract Page 1 of 8 Salary to be payable in installments at the same time that the other management employees of the Employer are paid. 2. Social Security Replacement Account Employer has elected to utilize the ICMA 401(a) Money Purchase Plan in lieu of participation in the Social Security Administration Program. Employer and Employee shall make their required payments of 6.2% of the Employee's base annual salary (as continuation of Employee /Employer existing practice) into said replacement plan toward social security replacement, as well as the required contributions at the federally determined percentage for Medicare Program participation. 3. Annual Performance Evaluation and Salary Adjustments. The Employer agrees to increase the Base Salary and /or benefits of Employee on an annual basis compatible with the Employee's performance, and no lower than in the manner and amount/ percentage as customary with other City employees. With the assistance of a mutually agreed facilitator, Employer and Employee shall evaluate the performance of the Employee at least once annually to coincide with Employee's anniversary date of August 10 and prior to development of the annual Preliminary Budget. The review and evaluation will be in accordance with specific criteria developed jointly by the Employer and the Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. As part of the evaluation process, both parties will define the goals and performance objectives which they consider important to City and Employee. This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies. Section 5: Health, Disability and Life Insurance Benefits 1. The Employer agrees to continue to provide with no lapse in service: health, life, dental, and vision insurance coverage for Employee, his spouse and dependents under programs and cost allocation methods applicable to all City employees. 2. Employer agrees to execute all necessary agreements provided by ICMA for Employee's participation at Employee's own expense, in the ICMA Retirement Health Savings Plan, in accordance with the voluntary opt -in regulations of a non- discriminatory plan. 3. Employer agrees to put into force and make required premium payments for long- term disability coverage for the Employee. The policy will pay a minimum of 60% of Employee's salary, with a maximum ninety -day elimination period, should Employee City Manager Contract Page 2 of 8 become disabled or otherwise unable to perform his duties due to sickness, accident, injury, mental incapacitation or health. 4. The Employer shall pay the amount of premium due for term life insurance in the amount of $500,000 for a term(s) of 10 years. The Employee shall name the beneficiary of the life insurance policy. The plan shall be portable if the employee elects to pay the coverage. The plan shall also be expandable if the employee opts for greater coverage or longer term but the City's contribution shall be limited to $500,000 for a term of 10 years. Section 6: Vacation, Sick, and Military Leave 1. Employee will maintain existing accrual bank of vacation, administrative leave and sick leave. 2. Employee shall accrue 25 days of vacation annually. Vacation to be credited equally on each pay period and available to employee as it accrues. 3. Sick leave will be accrued at 12 days annually and to be credited equally at each pay period and available to employee as it accrues. 4. Employee accrues 40 hours of Administrative Leave as provided to other overtime exempt employees of the City. This amount is credited in January of each year and available to employee at time of credit. 5. The Employee is entitled to accrue all unused leave, without limit, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time, all paid holidays, Administrative leave and other leave benefits to date at 100 %. Sick leave shall be compensated at 50% of accrual. 6. Notwithstanding Employee's actual accrual of sick leave, the Employee shall have access to a bank of 90 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long -term disability coverage takes effect, and will be renewed with each occurrence. 7. The Employee shall be entitled to military reserve leave time pursuant to state law. Section 7: Automobile - Monthly Vehicle Allowance The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $300 per month to be credited at the first of each month, as a vehicle allowance to be used to purchase, lease, own, operate, insure and maintain a vehicle. The Employer will reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater Spokane County area. City Manager Contract Page 3 of 8 Section 8: Retirement 1. The Employee will remain in Washington Public Employees Retirement System (PERS) and Employer and Employee will make all the appropriate contributions to maintain this plan. 2. In addition to the Employer's payment to PERS as referenced above, Employer shall contribute, effective August 10, 2010, sixteen percent (16 %) of base annual salary into the International City /County Management Association Retirement Corporation (ICMA- RC) 401A Plan, and 8.33% of base salary into ICMA -RC 457 Plan. Employee is immediately fully vested in these plans /contributions and Employer agrees to transfer ownership /holdings to succeeding employers as may be requested by employee at cessation of employment. Section 9: General Business Expenses 1. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 2. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. 3. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. 4. Employer recognizes that certain expenses of a non - personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and /or dues to enable the Employee to become an active member in local civic clubs or organizations. 6. The Employer shall provide Employee with a computer, software, fax /modem, cell phone (or allowance for same) and pager required for Employee to perform the job and to maintain communication. City Manager Contract Page 4 of 8 Section 10: Termination For the purpose of this agreement, termination shall occur when: 1. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature acts to amend any provisions of the Municipal Code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. 4. Breach of contract declared by either party with a 30 -day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20. Section 11: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 10. If the Employee is terminated, the Employer shall provide a minimum severance payment equal to six months' salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. The Employee shall also be compensated for all accrued sick leave, vacation time, all paid holidays, and administrative leave. The Employer agrees to make a contribution to the Employee's deferred compensation account on the value of this compensation calculated using the rate ordinarily contributed on regular compensation. For a minimum period of six months following termination, the Employer shall pay the cost to continue the following benefits: 1. Health insurance for the employee and all dependents as provided in Section 5 2. Life insurance as provided in Section 5 3. Long -term disability as provided in Section 5 If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section. Section 12: Resignation In the event that the Employee voluntarily resigns his /her position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise. Section 13: Hours of Work City Manager Contract Page 5 of 8 It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end, Employee shall be allowed to establish an appropriate work schedule. Employee will communicate work schedule to the Mayor in a mutually agreed manner. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's primary Employment. Recognizing that certain outside teaching or other business opportunities may occur which the Employee wishes to participate in, such activities shall be permitted during employee's time off. Such activities, if any, shall not constitute interference of any degree nor a conflict of interest with his or her responsibilities under this Agreement. Section 15: Moving and Relocation Expenses No moving or relocation expenses are negotiated unless revisions are made to Section 3. Residency in this agreement. Section 16: Home Sale and Purchase Expenses No home sale or purchase expenses are negotiated unless revisions are made to section 3. Residency in this agreement. Section 17: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. The Employee may request and the Employer shall not unreasonably refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, unless the Employee is a party to a suit in which Employee shall have veto authority over the settlement, claim or suit; or said compromise or settlement is of a personal nature to Employee. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, City Manager Contract Page 6 of 8 witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 19: Other Terms and Conditions of Employment The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Spokane Valley Municipal Code or any other law. Except as otherwise provided in this Agreement, the Employee shall be entitled at a minimum, to the highest level of benefits that are enjoyed by other officials, department heads or general employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 20: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: City of Spokane Valley, Attn. Mayor 11707 East Sprague, Suite #106, Spokane Valley, WA 99206. (2) EMPLOYEE: Mike Jackson, 5118 South Cree Drive, Spokane, WA 99206. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: Disclosure Employee owns /has owned a rental home within the City of Spokane Valley city limits since 2004. Section 22: General Provisions 1. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are City Manager Contract Page 7 of 8 merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. 2. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. 3. Effective Date. This Agreement shall become effective on August 10, 2010. 4. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. ATTEST: Name and Title Thomas E. Towey, Mayor ATTEST: Name and Title Mike D. Jackson City Manager Contract Page 8 of 8 Employment Agreement Between The City of Spokane Valley and Mike Jackson, City Manager Introduction and Recital This Employment Agreement, made and entered into this day of September 2010, by and between the City of Spokane Valley Washington, a municipal corporation, (hereinafter called "Employer ") and Mike Jackson (hereinafter called "Employee ") an individual who has the desire, education, training and experience in local government management - including experience in Spokane Valley - and who, as a member of International City /County Management Association (ICMA), is subject to the ICMA Code of Ethics, to be the City Manager of Spokane Valley, Washington. Both the Employee and the Employer desire to establish terms and conditions which provide a clear understanding as to expectations, compensation, benefits and other matters pertinent to a mutually productive and positive Employer /Employee relationship. In consideration of the mutual covenants herein contained, the parties agree as follows: Section 1: Term This agreement shall remain in full force in effect from September 2010 retroactive to August 10, 2010 (date of appointment by City Council) until terminated by the Employer or Employee as provided in this agreement. Section 2: Duties and Authority Employer agrees to employ Mike Jackson as City Manager to perform the functions and duties specified in Title 2, Chapter 2.15 of the Spokane Valley Municipal Code, RCW 35A.050 -.150, and to perform other legally permissible and proper duties and functions. Section 3: Residency Per the Spokane Valley Municipal Code Title 2.15.070 Residency, the city manager is not required to be a resident of the City on the date of City Council appointment but shall reside in Spokane County within six months of such appointment unless otherwise waived by the city council. This section releases the Employee from any obligation to live within the City limits of Spokane Valley. (Employee currently resides within Spokane County and has done so since June 2003.) Section 4: Compensation • •� •0 - - - - - - - • _ .•• •I W-11 IAI City Manager Contract Page 1 of 9 Employer agrees to pay Employee a base annual salary of $154,000. Employer shall not, at any time during the term of the Employee's tenure in office, reduce the salary, compensation or other financial benefits of Employee, except to the same degree of such a reduction across - the -board for all employees of the Employer. Salary to be payable in installments at the same time that the other management employees of the Employer are paid. 2. Social Security Replacement Account Employer has elected to utilize the ICMA 401(a) Money Purchase Plan in lieu of participation in the Social Security Administration Program. Employer and Employee shall make their required payments of 6.2% of the Employee's base annual salary (as continuation of Employee /Employer existing practice) into said replacement plan toward social security replacement, as well as the required contributions at the federally determined percentage for Medicare Program participation. 3. Annual Performance Evaluation and Salary Adjustments. The Employer agrees to increase the Base Salary and /or benefits of Employee on an annual basis compatible with the Employee's performance, and no lower than in the manner and amount/ percentage as customary with other City employees. The i - 7iti -a six m.ep h 7a 61 1196896 189+ reVie416 Shell inr6 Idle +he fGlIG MRg' With the assistance of a mutually agreed facilitator, Employer and Employee shall evaluate the performance of the Employee -After 6iv M +h6 HPl9YI:R8n+ (Cehr6 6 @r„ 2 and- -#ter ene -fie° 20 at least once annually +h�f+,� coincide with Employee's anniversary date- of August 10 and prior to development of the annual Preliminary Budget. The review and evaluation will be in accordance with specific criteria developed jointly by the Employer and the Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. As part of the evaluation process, both parties will define the goals and performance objectives which they consider important to City and Employee. City Manager Contract Page 2 of 9 - . . Employer agrees to pay Employee a base annual salary of $154,000. Employer shall not, at any time during the term of the Employee's tenure in office, reduce the salary, compensation or other financial benefits of Employee, except to the same degree of such a reduction across - the -board for all employees of the Employer. Salary to be payable in installments at the same time that the other management employees of the Employer are paid. 2. Social Security Replacement Account Employer has elected to utilize the ICMA 401(a) Money Purchase Plan in lieu of participation in the Social Security Administration Program. Employer and Employee shall make their required payments of 6.2% of the Employee's base annual salary (as continuation of Employee /Employer existing practice) into said replacement plan toward social security replacement, as well as the required contributions at the federally determined percentage for Medicare Program participation. 3. Annual Performance Evaluation and Salary Adjustments. The Employer agrees to increase the Base Salary and /or benefits of Employee on an annual basis compatible with the Employee's performance, and no lower than in the manner and amount/ percentage as customary with other City employees. The i - 7iti -a six m.ep h 7a 61 1196896 189+ reVie416 Shell inr6 Idle +he fGlIG MRg' With the assistance of a mutually agreed facilitator, Employer and Employee shall evaluate the performance of the Employee -After 6iv M +h6 HPl9YI:R8n+ (Cehr6 6 @r„ 2 and- -#ter ene -fie° 20 at least once annually +h�f+,� coincide with Employee's anniversary date- of August 10 and prior to development of the annual Preliminary Budget. The review and evaluation will be in accordance with specific criteria developed jointly by the Employer and the Employee. The process at a minimum shall include the opportunity for both parties to: (1) prepare a written evaluation, (2) meet and discuss the evaluation, and (3) present a written summary of the evaluation results. The final written evaluation should be completed and delivered to the Employee within 30 days of the evaluation meeting. As part of the evaluation process, both parties will define the goals and performance objectives which they consider important to City and Employee. City Manager Contract Page 2 of 9 This agreement shall be automatically amended to reflect any salary adjustments that are provided or required by the Employer's compensation policies. Section 5: Health, Disability and Life Insurance Benefits 1. The Employer agrees to continue to provide with no lapse in service: health, life, dental, and vision insurance coverage for Employee, his spouse and dependents under programs and cost allocation methods applicable to all City employees. 2. Employer agrees to execute all necessary agreements provided by ICMA for Employee's participation at Employee's own expense, in the ICMA Retirement Health Savings Plan, in accordance with the voluntary opt -in regulations of a non- discriminatory plan. 3. Employer agrees to put into force and make required premium payments for long- term disability coverage for the Employee. The policy will pay a minimum of 60% of Employee's salary, with a maximum ninety -day elimination period, should Employee become disabled or otherwise unable to perform his duties due to sickness, accident, injury, mental incapacitation or health. 4. The Employer shall pay the amount of premium due for term life insurance in the amount of $500,000 for a term(s) of 10 years. The Employee shall name the beneficiary of the life insurance policy. The plan shall be portable if the employee elects to pay the coverage. The plan shall also be expandable if the employee opts for greater coverage or longer term but the City's contribution shall be limited to $500,000 for a term of 10 years. Section 6: Vacation, Sick, and Military Leave 1. Employee will maintain existing accrual bank of vacation, administrative leave and sick leave. 2. Employee shall accrue 25 days of vacation annually. Vacation to be credited equally on each pay period and available to employee as it accrues. 3. Sick leave will be accrued at 12 days annually and to be credited equally at each pay period and available to employee as it accrues. 4. Employee accrues 40 hours of Administrative Leave as provided to other overtime exempt employees of the City. This amount is credited in January of each year and available to employee at time of credit. 5. The Employee is entitled to accrue all unused leave, without limit, and in the event the Employee's employment is terminated, either voluntarily or involuntarily, the Employee shall be compensated for all accrued vacation time, all paid holidays, Administrative leave and other leave benefits to date at 100 %. Sick leave shall be compensated at 50% of accrual. City Manager Contract Page 3 of 9 6. Notwithstanding Employee's actual accrual of sick leave, the Employee shall have access to a bank of 90 sick days to be used in the case of serious medical conditions. This leave can only be used to provide coverage during the waiting period between the onset of illness or disability and the point at which short or long -term disability coverage takes effect, and will be renewed with each occurrence. 7. The Employee shall be entitled to military reserve leave time pursuant to state law. Section 7: Automobile - Monthly Vehicle Allowance The Employer agrees to pay to the Employee, during the term of this Agreement and in addition to other salary and benefits herein provided, the sum of $300 per month to be credited at the first of each month, as a vehicle allowance to be used to purchase, lease, own, operate, insure and maintain a vehicle. The Employer will reimburse the Employee at the IRS standard mileage rate for any business use of the vehicle beyond the greater Spokane County area. Section 8: Retirement 1. The Employee will remain in Washington Public Employees Retirement System (PERS) and Employer and Employee will make all the appropriate contributions to maintain this plan. 2. In addition to the Employer's payment to PERS as referenced above, Employer shall contribute, effective August 10, 2010, sixteen percent (16 %) of base annual salary into the International City /County Management Association Retirement Corporation (ICMA- RC) 401A Plan, and 8.33% of base salary into ICMA -RC 457 Plan. Employee is immediately fully vested in these plans /contributions and Employer agrees to transfer ownership /holdings to succeeding employers as may be requested by employee at cessation of employment. Section 9: General Business Expenses 1. Employer agrees to budget for and to pay for professional dues and subscriptions of the Employee necessary for continuation and full participation in national, regional, state, and local associations and organizations necessary and desirable for the Employee's continued professional participation, growth, and advancement, and for the good of the Employer. 2. Employer agrees to budget for and to pay for travel and subsistence expenses of Employee for professional and official travel, meetings, and occasions to adequately continue the professional development of Employee and to pursue necessary official functions for Employer, including but not limited to the ICMA Annual Conference, the state league of municipalities, and such other national, regional, state, and local governmental groups and committees in which Employee serves as a member. City Manager Contract Page 4 of 9 3. Employer also agrees to budget for and to pay for travel and subsistence expenses of Employee for short courses, institutes, and seminars that are necessary for the Employee's professional development and for the good of the Employer. 4. Employer recognizes that certain expenses of a non - personal but job related nature are incurred by Employee, and agrees to reimburse or to pay said general expenses. The finance director is authorized to disburse such moneys upon receipt of duly executed expense or petty cash vouchers, receipts, statements or personal affidavits. 5. The Employer acknowledges the value of having Employee participate and be directly involved in local civic clubs or organizations. Accordingly, Employer shall pay for the reasonable membership fees and /or dues to enable the Employee to become an active member in local civic clubs or organizations. 6. The Employer shall provide Employee with a computer, software, fax /modem, cell phone (or allowance for same) and pager required for Employee to perform the job and to maintain communication. Section 10: Termination For the purpose of this agreement, termination shall occur when: 1. The majority of the governing body votes to terminate the Employee at a duly authorized public meeting. 2. If the Employer, citizens or legislature acts to amend any provisions of the Municipal Code pertaining to the role, powers, duties, authority, responsibilities of the Employee's position that substantially changes the form of government, the Employee shall have the right to declare that such amendments constitute termination. 3. If the Employee resigns following an offer to accept resignation, whether formal or informal, by the Employer as representative of the majority of the governing body that the Employee resign, then the Employee may declare a termination as of the date of the suggestion. 4. Breach of contract declared by either party with a 30 -day cure period for either Employee or Employer. Written notice of a breach of contract shall be provided in accordance with the provisions of Section 20. Section 11: Severance Severance shall be paid to the Employee when employment is terminated as defined in Section 10. If the Employee is terminated, the Employer shall provide a minimum severance payment equal to six months' salary at the current rate of pay. This severance shall be paid in a lump sum unless otherwise agreed to by the Employer and the Employee. The Employee shall also be compensated for all accrued sick leave, vacation time, all paid holidays, and administrative leave. The Employer agrees to make a contribution to the City Manager Contract Page 5 of 9 Employee's deferred compensation account on the value of this compensation calculated using the rate ordinarily contributed on regular compensation. For a minimum period of six months following termination, the Employer shall pay the cost to continue the following benefits: 1. Health insurance for the employee and all dependents as provided in Section 5 2. Life insurance as provided in Section 5 3. Long -term disability as provided in Section 5 If the Employee is terminated because of a conviction of a felony, then the Employer is not obligated to pay severance under this section. Section 12: Resignation In the event that the Employee voluntarily resigns his /her position with the Employer, the Employee shall provide a minimum of 30 days notice unless the parties agree otherwise. Section 13: Hours of Work It is recognized that the Employee must devote a great deal of time outside the normal office hours on business for the Employer, and to that end, Employee shall be allowed to establish an appropriate work schedule. Employee will communicate work schedule to the Mayor in a mutually agreed manner. Section 14: Outside Activities The employment provided for by this Agreement shall be the Employee's primary Employment. Recognizing that certain outside teaching or other business opportunities may occur which the Employee wishes to participate in, such activities shall be permitted during employee's time off. Such activities, if any, shall not constitute interference of any degree nor a conflict of interest with his or her responsibilities under this Agreement. Section 15: Moving and Relocation Expenses No moving or relocation expenses are negotiated unless revisions are made to Section 3. Residency in this agreement. Section 16: Home Sale and Purchase Expenses No home sale or purchase expenses are negotiated unless revisions are made to section 3. Residency in this agreement. Section 17: Indemnification Beyond that required under Federal, State or Local Law, Employer shall defend, save harmless and indemnify Employee against any tort, professional liability claim or demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of Employee's duties as City Manager or resulting from the exercise of judgment or discretion in connection with the performance of program duties or responsibilities, unless the act or omission involved willful or wanton conduct. The Employee may request and the Employer shall not unreasonably City Manager Contract Page 6 of 9 refuse to provide independent legal representation at Employer's expense and Employer may not unreasonably withhold approval. Legal representation, provided by Employer for Employee, shall extend until final determination of the legal action, including any appeals brought by either party. The Employer shall indemnify employee against any and all losses, damages, judgments, interest, settlements, fines, court costs and other reasonable costs and expenses of legal proceedings including attorneys fees, and any other liabilities incurred by, imposed upon, or suffered by such Employee in connection with or resulting from any claim, action, suit, or proceeding, actual or threatened, arising out of or in connection with the performance of his duties. Any settlement of any claim must be made with prior approval of the Employer in order for indemnification, as provided in this Section, to be available. Employee recognizes that Employer shall have the right to compromise, unless the Employee is a party to a suit in which Employee shall have veto authority over the settlement, claim or suit; or said compromise or settlement is of a personal nature to Employee. Further, Employer agrees to pay all reasonable litigation expenses of Employee throughout the pendency of any litigation to which the Employee is a party, witness or advisor to the Employer. Such expense payments shall continue beyond Employee's service to the Employer as long as litigation is pending. Further, Employer agrees to pay Employee reasonable consulting fees and travel expenses when Employee serves as a witness, advisor or consultant to Employer regarding pending litigation. Section 18: Bonding Employer shall bear the full cost of any fidelity or other bonds required of the Employee under any law or ordinance. Section 19: Other Terms and Conditions of Employment The Employer, only upon agreement with Employee, shall fix any such other terms and conditions of employment, as it may determine from time to time, relating to the performance of the Employee, provided such terms and conditions are not inconsistent with or in conflict with the provisions of this Agreement, the City of Spokane Valley Municipal Code or any other law. Except as otherwise provided in this Agreement, the Employee shall be entitled at a minimum, to the highest level of benefits that are enjoyed by other officials, department heads or general employees of the Employer as provided in the Charter, Code, Personnel Rules and Regulations or by practice. Section 20: Notices Notice pursuant to this Agreement shall be given by depositing in the custody of the United States Postal Service, postage prepaid, addressed as follows: (1) EMPLOYER: City of Spokane Valley, Attn. Mayor 11707 East Sprague, Suite #106, Spokane Valley, WA 99206. City Manager Contract Page 7 of 9 (2) EMPLOYEE: Mike Jackson, 5118 South Cree Drive, Spokane, WA 99206. Alternatively, notice required pursuant to this Agreement may be personally served in the same manner as is applicable to civil judicial practice. Notice shall be deemed given as of the date of personal service or as the date of deposit of such written notice in the course of transmission in the United States Postal Service. Section 21: Disclosure Employee owns /has owned a rental home within the City of Spokane Valley city limits since 2004. Section 22: General Provisions 1. Integration. This Agreement sets forth and establishes the entire understanding between the Employer and the Employee relating to the employment of the Employee by the Employer. Any prior discussions or representations by or between the parties are merged into and rendered null and void by this Agreement. The parties by mutual written agreement may amend any provision of this agreement during the life of the agreement. Such amendments shall be incorporated and made a part of this agreement. 2. Binding Effect. This Agreement shall be binding on the Employer and the Employee as well as their heirs, assigns, executors, personal representatives and successors in interest. 3. Effective Date. This Agreement shall become effective on August 10, 2010. 4. Severability. The invalidity or partial invalidity of any portion of this Agreement will not affect the validity of any other provision. In the event that any provision of this Agreement is held to be invalid, the remaining provisions shall be deemed to be in full force and effect as if they have been executed by both parties subsequent to the expungement or judicial modification of the invalid provision. ATTEST: Name and Title Thomas E. Towey, Mayor ATTEST: City Manager Contract Page 8 of 9 Name and Title Mike D. Jackson City Manager Contract Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 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: to direct Planning Commission to consider code text amendments to the Sprague and Appleway Corridors Subarea Plan for specific zoning and development issues in the City Center zone district. GOVERNING LEGISLATION: Chapter 19.30.040, Spokane Valley Municipal Code. BACKGROUND: The Council has requested that the Sprague /Appleway Subarea Plan (SARP) be revisited zone by zone with property owners involved in the process. On August 17, 2010, staff presented an overview of the City Center District zone to Council. On August 19, 2010, a community meeting was conducted at 8am in Council Chambers to gather public input on the City Center zone regulations. On September 14, 2010, staff presented to Council a summary of issues raised during public comment. At the September 14, 2010 meeting, City Council directed Staff to prepare a motion directing the Planning Commission to consider changes to Book II: Development Regulations, Sprague and Appleway Corridors Subarea Plan (SARP). Changes to the regulations must be consistent with the policy direction of the Subarea Plan and the City's Comprehensive Plan. Some issues raised during review of the City Center are considered Comprehensive Plan policy issues and will be added to the docket for the 2011 Comprehensive Plan amendment process. Council may consider the following motion: RECOMMENDED ACTION OR MOTION: Move to direct the Planning Commission to consider text amendments to Book II: Development Regulations, Sprague and Appleway Corridors Subarea Plan to address the following issue: 1. City Center Core Street /Temporary Regulations — Consider removing the temporary restriction on City Center Retail. BUDGET /FINANCIAL IMPACTS: The project will use existing staff; however this is a significant project which will likely require other projects be placed on hold. STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: 2011 CDBG Program — Potential CDBG Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: In 2008, Spokane County agreed to amend the CDBG funding policies to establish a 20% set -aside of the County's annual federal appropriation for City of Spokane Valley capital projects. In 2009 this resulted in a set -aside for Spokane Valley projects of $310,000. This funding was utilized to partially pay for full width paving on the Corbin Sewer Project. The County has not received an estimate on the federal appropriation. Staff anticipates providing that information to Council at the October 12 meeting. City staff met to identify city capital projects that would qualify for CDBG funding. The following list of projects is preliminary based on city staff's evaluation of CDBG eligible projects. Street Projects: Estimated Costs 1. Green Haven Sewer Project $ To be provided (Full width paving in conjunction with County sewer project) TOTAL ESTIMATED PROJECT COST $ To be provided City staff is in discussions with County Community Development staff to identify other CDBG eligible projects to be included on the list presented to Council at the October 12, 2010 public hearing. OPTIONS: Identify other potential projects for consideration. RECOMMENDED ACTION OR MOTION: Provide staff direction in preparing for the scheduled public hearing on October 12, 2010 BUDGET /FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Greg McCormick, Planning Division Manager Neil Kersten, Public Works Director ATTACHMENTS: None. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE : Raising chickens in residential zones GOVERNING LEGISLATION: See discussion below. PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: On August 24, 2010 Valerie Dunn spoke to the council regarding raising chickens in residential zones. Attached is a copy of the email Kathy McClung, Community Director sent her regarding the existing regulations and what would be required to change the code. The Council has asked that this items be placed on the agenda for discussion. OPTIONS: To be determined by Council RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Kathy McClung, Community Development Director ATTACHMENTS email mailed to Valerie Dunn August 27, 2010 by Kathy McClung From: val@vicut.com [mailto:] Sent: Thursday, August 26, 2010 12:07 PM To: mayor/ councilmembers Subject: Keeping of Backyard Chickens Dear Council Members, On Tuesday, August 24, 2010; I spoke briefly about the regulations on keeping backyard chickens in Spokane Valley and requested they be changed. Because I am a highly nervous public speaker, I wrote down all the points I wanted to touch on during my three minutes to speak; and still forgot to mention the things I'd like to mention regarding keeping backyard chickens. My understanding, after speaking to Chris Berg with Code Enforcement, is that, when Spokane Valley incorporated, they adopted all of the Spokane County codes. I would imagine some or many of those codes were written many years ago and were fitting for the times. But, the suburban ideal is a dynamic concept; as more people become interested in living a greener lifestyle in the suburbs, the idea of what is "ideal" evolves to reflect the commiumity's values. People have started to realize that maintaining a close connection to our food is a positive, not a negative, and is part of living a more sustainable lifestyle. Famiers' Markets are experiencing a revival, people are gardening more, and conununities around the nation are changing decades -old laws forbidding the keeping of chickens. It was mentioned by one of you that "Martha Stewart thinks it's a good idea to have backyard chickens ". But I think it's so much bigger than that. I'd ask that you just take a look at your local news stands and note all the magazines regarding sustainable living, greener Iiving, organic gardening, backyard chickens, urban homesteading etc_ and see that it's a huge movement in this country. There's a great website called thecitychicken.com that has a list of all the cities that allow residents to keep chickens that would also give you an idea of how big this movement is in this country. There are a few topics I wanted to touch regarding the potential negatives of chickens and the positives of chickens: Chickens are not a nuisance. They are not smelly. According to time OSU extension office, the average laying hen produces 2-3 lb of droppings per day. The average dog produces a pound a day. Unlike dog or cat feces which carry pathogens and cannot be composted; chicken manure provides a great free source of organic fertilizer when composted. Since the average chicken keeper is also a gardener, this is a great benefit. And speaking of compost, I have a large compost bin and my chickens spend hours every day turning it and finding bugs which is a wonderful side benefit, They're also good for time cnvirorunent because they cat bugs and weeds eliminating the need to use chemicals. Chickens are also great mousers and will catch anmd eat snakes, Hens are not noisy. They cluck for a few moments when they're laying an egg; but otherwise are very quiet. Their clucks are certainly no louder than that of a small dog. when you live in a neighborhood, there are Immi rowers running, motorcycles and trucks driving by, children laughing and screaming, dogs barking, birds chirping and there's no reason why a chicken clucking for 30 seconds should be considered a nuisance, They do not Iower property values, Some prospective home owners may be more attracted to a community with a progressive stance on green issues such as chicken keeping. Some cities with the highest property values allow backyard chickens such as Seattle, WA; Portland, OR; Denver, CO, New York, NY, Washington D.C.; San Francisco, CA; San Diego, CA; & Los Angeles, CA. Some of your closest neighbors allow backyard chickens such as Spokane, WA & Millwood, WA. Lastly, of course, is that they provide us with fresh eggs every day. A hen matures and starts laying at around 4 months of age and will lay almost every day for about 3 years and then sporadically thereafter until she passes away. Most backyard chicken keepers consider their chicken a pet, and unlike a typical farm aninnal, would continue to be a loved member of the family until she dies. I hope you will consider some of these timings when making your decision. Thank you for your time, Valerie Dunn. From: Kathy McClung Sent: Friday, August 27, 2010 10:29 AM To: val @v1cut.com Cc: Mike Jackson; Chris Bainbridge; City Council; Deanna Griffith Subject: RE: Keeping of Backyard Chickens Dear Ms. Dunn; I have been asked to respond to your comments regarding keeping chickens in residential zones. The current regulations permit chickens on lots of 40,000 square feet or greater. The number permitted is 1/3000 square feet. i also took a look at the City of Spokane code and although they do allow chickens in residential areas, they also limit them by the requirement that they have to be housed 90 feet from any property line or center line of any right of way. 5o the lot would have to be very large to accommodate them. Amendments to the city code can be initiated by any individual or the city council at any time. If an individual wishes to initiate an amendment there is an application and a fee ($1850.00). The amendment proposal is then taken to the planning commission for a public hearing and recommendation and then to the city council for final adoption. There are criteria for amending the code and there is no guarantee that it will be approved. The city council can also initiate a code amendment and in that case the city bears the cost of the amendment. If you decide to pursue an amendment, please call me and I will provide you with the application. You should also know that the city gets several complaints a year regarding chickens, so any amendment proposal probably wouldn't be a slam dunk. My phone number is 509.720.5300. Sincerely, Kathy McClung Community Development Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution: Greenacres Neighborhood Park Development — Phase 1 - Funding GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approved Greenacres Park Development grant proposal to Washington Legislature in 2008 and 2009. Approved grant request in 2008 for development of Greenacres Park. Approved $200,000 for Greenacres Park Development from the Civic Facilities Fund. BACKGROUND: The City has received $500,000 in direct appropriations from the State for this project. These funds ($300,000) are coming from the Department of Community Trade and Economic Development (now the Department of Commerce) and the Department of Public Works ($200,000). The total estimated cost of the Greenacres Park Phase 1 construction is $1,577,138. The City Council in May 2010 approved the use of $200,000 from the Civic Facilities Fund to complete the City's local funding match. The total needed from the City to start and complete the construction is $1,088,888. The Department of Public Works needs a Council resolution confirming the City's commitment of $1,088,888 prior to signing the contract for the $200,000 they will be providing. OPTIONS: RECOMMENDED ACTION OR MOTION: Seek consensus to place the resolution authorizing funding for Greenacres Park Development Phase 1 on the consent agenda for September 28, 2010. BUDGET /FINANCIAL IMPACTS: The City commitment for this project will be $1,088,888; $200,000 is from the Civic Facilities Fund and the remaining balance is from Parks Capital Funds. STAFF CONTACT: Mike Stone, Parks and Recreation Director ATTACHMENTS: Draft Authorization Resolution DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 10- * * * A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, COMMITTING TO THE EXPENDITURE OF UP TO $1,088,888 IN LOCAL FUNDING FOR PHASE I CONSTRUCTION OF GREENACRES PARK CONTINGENT ON AVAILABILITY OF STATE MATCHING FUNDS, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley, Washington is the owner of certain real property known as Greenacres Park. The park property is currently undeveloped, and the City desires to develop it as a community park; and WHEREAS, the anticipated cost for Phase I of Greenacres Park constriction is $1,577,138; and WHEREAS, the City does not have sufficient funds available to pay for the entire cost of such park improvements; and WHEREAS, the State of Washington, Department of Public Works, has funds available for such construction work. A requirement of receiving any funds from the Washington State Department of Public Works is that the local jurisdiction demonstrate it has matching funds committed to the project; and WHEREAS, the Washington State Department of Community Trade and Economic Development (now the "Department of Commerce ") previously awarded a grant in the amount of $296,250 for design and construction of Greenacres Park; and WHEREAS, in the event the State of Washington were to approve the City's current request for $200,000 in grant funding from the Department of Public Works, the remaining portion of funds needed to ensure full funding of Phase I design and construction would be $200,000; and WHEREAS, on July 20, 2010, a consensus of the City of Spokane Valley City Council stated support for this park construction project by committing an additional $200,000 from the City's civic facilities fund, for a total local match of up to $1,088,888; and WHEREAS, this Resolution provides a more formal commitment of the financial commitment of the City to the construction of Phase I of Greenacres Park, as requested by the Washington State Department of Public Works. This commitment by the City to local matching funds is contingent on being awarded the remaining $200,000 by the State of Washington Department of Public Works. In the event the State funds are not available for any reason, the City reserves the right to suspend this commitment of funds. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Commitment of Local Matching Funds for Construction of Phase I of Greenacres Park The City Council of the City of Spokane Valley hereby commits to the expenditure Resolution 10- Resolution Committing Funds to Phase I, Greenacres Park Page 1 of 2 of up to $1,088,888 in City funds for the construction of Phase I of Greenacres Park. This commitment is conditioned on being awarded the remaining $200,000 by the State of Washington Department of Public Works. These funds are in addition to the $296,250 previously granted by Community Trade and Economic Development (now the "Department of Commerce "). In the event the State funds are not available for any reason, the City reserves the right to suspend this commitment of funds. Section 2. Authorization for City Manager to Execute Necessary Documents The City Council of the City of Spokane Valley authorizes the City Manager or designee to execute any and all documents necessary thereto. Section 3. Effective Date This Resolution shall be in full force and effect upon adoption. Adopted this day of September, 2010. CITY OF SPOKANE VALLEY Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 10- East Spokane Water District Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Animal Control: Spokane County Proposed License Fee Increase GOVERNING LEGISLATION: S.V.M.C. 7.30 PREVIOUS COUNCIL ACTION TAKEN: N/A (An administrative report was provided to Council in November, 2007, the last time license fees were changed). BACKGROUND: Spokane County Regional Animal Protection Services (SCRAPS) is proposing aligning license fees with the City of Spokane in anticipation of Spokane joining SCRAPS. The proposed change will increase the license fee for an altered dog from $20 to $25 and for an unaltered dog from $40 to $50. Cat license fees will remain unchanged. The anticipated additional revenue is $128,745, which SCRAPS hopes will offset anticipated budget cuts for 2011. The proposed change will be effective January 1, 2011 if adopted by the Board of County Commissioners (BOCC). Spokane Valley Municipal Code 7.30 adopts Spokane County Code 5.04 ( "Dogs and Cats ") as it exists now and as subsequently amended. If the BOCC adopts the proposed change, the new license fees would automatically apply to the City of Spokane Valley. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: Potential reduction in contract costs of $62,000. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Spokane County Summary Page Pet License Fee Current Comparison: Pet SCRAPS City of Spokane Cat — altered 15 15 Cat — not altered 25 25 Dog — altered 20 25 Dog — not altered 40 50 Pet License Fee Summary: Increasing SCRAPS License Fees to Match the City of Spokane Cats: SCRAPS cat license fees already match the City of Spokane Dogs: SCRAPS licensed 24,711 dogs in 2009: 23,673 altered dog licenses x $5.00 increase = $118.365 1,038 not altered dog licenses x $10.00 increase = $ 10,380 Total Revenue Increase (estimated) = $128,745 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Council request for signing analysis GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: A request was made at the 4/13/2010 City Council meeting for staff to research options for installing business signage at the Sprague Avenue eastbound exit from 1 -90. Staff submitted this analysis to Council as an informational item on June 29, 2010. Jurisdiction over 1 -90 Signage All signage on 1 -90 is under the authority of the Washington Department of Transportation ( WSDOT) and is governed by regulations set forth in the Manual on Uniform Traffic Control Devices ( MUTCD), the Revised Code of Washington, and the WSDOT Traffic Manual. City staff worked with WSDOT's Eastern Region Traffic Office to prepare this document. Overview of Guide Signaqe Guide signs provide information about route designations, distances and directions to destinations, motorist services, and other geographical, recreational, or cultural points of interest. Guide sign backgrounds can be blue, green, or brown. Pursuant to the Manual on Uniform Traffic Control Devices ( MUTCD) sign messages that provide advertising or commercial information are not allowed. The MUTCD states that "Traffic control devices or their supports shall not bear any advertising message or any other message that is not related to traffic control ". The WSDOT Traffic Manual also states that guide signs on freeways must be spaced at least 800 feet apart. Limiting the number and spacing of guide signs allows the driver adequate time to read and respond to the messages. Existing 1 -90 Signaqe In addition to the exit name signs, Spokane Valley has the following signs on 1 -90. • Eastbound near Havana "Entering City of Spokane Valley" • Westbound approaching Barker "Entering City of Spokane Valley" • "Spokane Valley Mall Next Exit" • "Spokane Industrial Park Next Exit" • "Spokane Valley Heritage Museum Next Exit" • "Spokane County Fair and Expo Center Next Exit" • Blue Motorist Service signs with restaurants, gas stations, lodging, camping, RV park, hospital, and visitor information listed on the approaches to Spokane Valley interchanges. Priority of Guide Sign Installation The two categories of guide signs recognized by WSDOT are Primary and Supplemental. Primary Guide signs provide guidance to destinations served by upcoming exits or intersections such as "EXIT 286 Broadway Ave" or "Millwood NEXT EXIT ". Examples of the supplemental guide signs would be those posted for the Spokane Valley Heritage Museum or the Spokane Industrial Park. Primary guide signs will always be prioritized above supplemental guide signs. Some supplemental guide signs such as state parks within 15 miles of interstate highways and regional shopping centers meeting specific criteria will take precedence over other types of supplemental signage per RCW 47.36.290 and RCW 47.36.270. The table below shows other guide signs that may be allowed if specific conditions are met and space allows. In general with a few exceptions, the state does not provide signage to ventures operated by private entities for profit, and other areas or ventures not of general interest to the traveling public are not permitted on state highways. Allowable Supplemental Guide Signs* Allowable with conditions Typically not allowed State Parks TV radio Stations Regional Shopping Centers (500,000+ sq. ft.) Theaters Airports Cemeteries Amtrak station Libraries Ferries Churches Park and Ride lots Subdivisions Natural /Cultural /Historic Attractions County facilities Scenic Byways Courthouses Event Venues (annual attendance 300,000 +) Vehicle Emissions Testing National Parks Highway Buildings Recreational Areas Jails /Prisons Colleges /Universities Civil Defense Facilities US Forest Service facilities Mental Facilities Business Routes Research Facilities Ports /Port Districts Sanitariums Industrial Parks (500,000+ sq. ft.) Nursing Homes /Retirement Facilities City Center Tree Nurseries /Arboretums *This list was compiled from the text of the WSDOT Traffic Manual. It does not include all allowable signs. Analysis of Signs Proposed The following signs were suggested as options for staff to explore. They have been evaluated against the criteria in the WSDOT Traffic Manual Section 2.4D (see attachment). "Business District" — This message is not listed as an allowable sign in the WSDOT Traffic Manual. "Auto Row" — This message is not listed as an allowable sign in the WSDOT Traffic Manual. "University City" — Would not be allowed as the shopping center would not meet the criteria outlined in RCW 47.36.370 (see attachment). There are several criteria that must be met, which include being no more than 1 mile from the state highway, having three or more major department stores, having 500,000 sq. ft. of leasable retail space, and attracting 9,000 daily trips to the center. Other Signing Options There are three other options that may be suitable for this corridor. Business Route — A business route can direct motorists to alternate routes passing through the business portion of a city or through districts of continuous business development. The routes were developed as construction of the interstate bypassed many businesses. Sprague Avenue was signed as an 1 -90 Business Route from the 1960's through the 1980's. It is not known why the designation was removed. Use of businesses routes has been declining in recent years and may not be appropriate for the Sprague corridor due to its length and because Spokane Valley has several business areas. Proposals for business routes must be approved by the American Association of State Highway Officials, the Federal Highway Administration and WSDOT headquarters. It is likely that the City would be asked to pay part of the cost of the signage. The most appropriate route for 1 -90 Business Route designation would be Sprague and Appleway from Exit 285 (Sprague Avenue) to Exit 294 (Appleway- CountryVista) in Liberty Lake. 2. City Center — WSDOT has historically provided "City Center" signs for the purpose of directing motorists to local government buildings (i.e. City Hall, Courthouse, etc.). This requires a description of where the city center exists within the corporate limits and also verification that representatives of local government and area chamber of commerce agree on the location of the city center. 3. Sprague Exit - Change Sprague Avenue exit signs to include both Sprague Avenue and Appleway Avenue. This may help to raise awareness of the location of the Appleway corridor and help businesses that have "Appleway" integrated into their name. Updating of freeway signage is typically included in larger paving projects, and in that case would be funded by WSDOT. But since they are currently not planning any work on that part of 1 -90, any desire to change the signage in the near term would need to be paid for by the City. The existing signs could be switched from Sprague to Appleway for around $10,000. Inclusion of both street names would require larger signs and replacement of several cantilever sign supports, which would be much more costly. OPTIONS: Please let us know if you have questions or would like additional information. RECOMMENDED ACTION OR MOTION: None. BUDGET /FINANCIAL IMPACTS: None. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: Applicable RCWs and WACs RCW 4736.290 State park directional signs. Directional signs for state parks within fifteen miles of an interstate highway shall be erected and maintained on the interstate highway by the department despite the existence of additional directional signs on primary or scenic system highways in closer proximity to such state parks. RCW 47.36.270 Regional shopping center directional signs. Regional shopping center directional signs shall be erected and maintained on state highway right -of- way if they meet each of the following criteria: (1) There shall be at least five hundred thousand square feet of retail floor space available for lease at the regional shopping center; (2) The regional shopping center shall contain at least three major department stores that are owned by a national or regional retail chain organization; (3) The shopping center shall be located within one mile of the roadway; (4) The center shall generate at least nine thousand daily one -way vehicle trips to the center; (5) There is sufficient space available for installation of the directional sign as specified in the Manual On Uniform Traffic Control Devices; (6) Supplemental follow- through directional signing is required at key decision points to direct motorists to the shopping center if it is not clearly visible from the point of exit from the main traveled way. The department shall collect from the regional shopping center a reasonable fee based upon the cost of erection and maintenance of the directional sign. WAC 468 -95-140 Signing to regional shopping centers. Pursuant to RCW 47.36.270 a regional shopping center may be signed as a supplemental guide sign destination from state highways in accordance with the applicable sections of MUTCD Part II -D, Guide Signs - Conventional Roads, and MUTCD Part II -E Guide Signs - Freeways and Expressways, and in accordance with subsections (1) through (8) of this section. (1) There shall be at least 500,000 square feet of leasable retail floor space; (2) There shall be at least three major department stores owned by national or regional retail chain organizations; (3) The center shall be located within one highway mile of the state highway; (4) The center shall generate at least 9,000 daily one -way vehicle trips to the center; (5) Sufficient sign space as specified in the MUTCD shall be available for installation; (6) Supplemental follow- through directional signing is required on county roads or city streets at key motorist decision points, if the center is not clearly visible from the point of exit from the state highway. The required supplemental follow- through directional signs shall be installed by the city or county prior to the installation of signs on the state highway; (7) Signing on the state highway to a county road or city street that bears the name of the regional shopping center fulfills the statutory requirements for signing to those centers; (8) The costs of materials and labor for fabricating, installing, and maintaining regional shopping center signs shall be borne by the center. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: 2010/2011 Winter Street Maintenance Contract GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On April 6, 2010 Council agreed to proceed with the Snow Operations Plan as outlined in the attached Plan. On June 16, 2010 Council approved the purchase of a Loader Backhoe and a Snow Plow Truck. BACKGROUND: This contract will cover winter snow operations for this winter. The contract has two phases to accommodate the City's calendar year budget. Phase 1 will be in effect until December 31, 2010 with a not to exceed price of $200,000. Phase 2 will be from January 1, 2011 and remain in effect until May 30, 2011 and shall not exceed $500,000. These costs are based on a moderate snow year. OPTIONS: Bring the contract back to Council for consideration or give staff further direction. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Funds are available in the current 2010 Street Fund and are budgeted in the 2011 Street Fund STAFF CONTACT: Neil Kersten ATTACHMENTS: Contract Agreement, Winter Snow Operations Plan Update AGREEMENT FOR SERVICES Poe Asphalt Paving, Inc. Contract No. 10- THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Poe Asphalt Paving, Inc. hereinafter "Contractor," jointly referred to as "parties." IN CONSIDERATION of the terms and conditions contained herein the parties agree as follows: 1. Work to Be Performed The Contractor shall do all work and furnish all labor, tools, materials, supplies and equipment for winter snow and ice services as outlined in Exhibit 1, "Scope of Services." The parties shall enter into a lease agreement for the City's snow removal and deicing equipment for those times the Contractor's employees are operating the vehicles. Additionally Contractor shall name the City as a primary insured on its insurance policy for the duration of the contract. The CONTRACTOR shall, for the amount set forth in this contract, assume and be responsible for the cost and expense of all work required for completing the work and related activities provided for in the Scope of Services, except those items mentioned therein to be furnished by the City of Spokane Valley. The City Manager, or designee, shall administer and be the primary contact for Contractor. Prior to commencement of work, Contractor shall exercise best efforts to contact the City Manager or designee to review the scope of work, schedule, and time of completion. Upon notice from the City, Contractor shall promptly commence work, complete the same in a timely manner, and cure any failure in performance under this agreement. Unless otherwise directed by the City, all work shall be performed in conformance with the contract, and City, State and Federal standards. Contractor acknowledges review of the contract requirements and accepts the same. Contractor shall exercise best efforts, including the selection of the highest quality materials, so that all work performed shall be in compliance with current related industry standards. 2. Term of Contract Phase 1: Shall be in full force and effect upon execution and shall remain in effect until December 31, 2010. Phase 2: Shall be in full force and effect based on a written notice to proceed from the City from January 1, 2011 and remain in effect until May 30, 2011. The City may terminate this agreement by ten (10) days' written notice to the other party. In the event of such termination, the City shall pay the Contractor for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation The City agrees to pay the Contractor for the Cost of the Work plus the Contractor's fee for overhead and profit as defined in Exhibit 2 and by this reference is incorporated herein and made a part hereof. Phase 1 total cost will not exceed $200,000. Phase 2 total cost will not exceed $500,000. 4. Payment The Contractor may elect to be paid in monthly installments, upon presentation of an invoice to the City, or in a lump sum, upon completion of the work. Applications for payment shall be sent to the City Clerk at the below- stated address. Agreement for Services, Poe Asphalt Paving Page 1 of 11 DRAFT The City reserves the right to withhold payment under this agreement which is determined, in the reasonable judgment of the City Manager, to be noncompliant with the Contract Plans, Contract Documents, or City or State standards. Notice Notice shall be given in writing as follows: TO THE CITY: TO THE CONTRACTOR: Name: Christine Bainbridge, City Clerk Name: Brad Griffith Phone Number: (5 09) 921 -1000 Phone Number: (208) 777 -0498 Address: 11707 East Sprague Ave., Suite 106 Address: 2732 N Beck Road Spokane Valley, WA 99206 Post Falls, ID 83854 6. Applicable Laws and Standards The parties, in the performance of this agreement, agree to comply with all applicable Federal, State and local laws, and City ordinances and regulations. 7. Relationship of the Parties It is hereby understood, agreed and declared that the Contractor shall be an independent Contractor and not the agent or employee of the City. Any and all employees who provide services to the City under this agreement shall be deemed employees of the Contractor. The Contractor shall be solely responsible for the conduct and actions of all employees under this agreement and any liability that may attach thereto. 8. Ownership of Documents All drawings, plans, specifications, and other related documents prepared by the Contractor under this agreement are and shall be the property of the City, and may be subject to disclosure pursuant to RCW 42.56 or other applicable public record laws. 9. Records The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of the Contractor's records with respect to all matters covered in this contract. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this contract for a period of three years from the date final payment is made hereunder. 10. Contractor to Be Licensed And Bonded The Contractor shall be duly licensed and bonded by the State of Washington at all times this agreement is in effect. 11. Insurance The Contractor shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Contractor, their agents, representatives, employees or subcontractors. No Limitation. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance. Contractor shall obtain insurance of the types described below: 1. Automobile Liabilitv insurance covering all owned, non - owned, rented, borrowed, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) from CA 00 01 or a substitute fore providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide Agreement for Services, Poe Asphalt Paving Page 2 of 11 DRAFT contractual liability coverage and the City shall be named as an additional insured on a primary basis. 2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products- completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The City shall be named as an insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 O1 and Additional Insured - Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing equivalent coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Minimum Amounts of Insurance. Contractor shall maintain the following insurance limits: 1. Automobile Liabilitv insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. 2. Commercial General Liability insurance shall be written with limits no less that $1,000,000 each occurrence, $2,000,000 general aggregate and a $2,000,000 products - completed operations aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability and Commercial General Liability insurance: 1. The Contractor's insurance coverage shall be primary insurance as respect the City. Any Insurance, self - insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it. 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than ANII. E. Verification of Coverage. Contractor shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Contractor before commencement of the work. 12. Indemnification and Hold Harmless The Contractor shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City. Agreement for Services, Poe Asphalt Paving Page 3 of 11 Should a court of competent jurisdiction detennine that this Agreement is subject to RCW 4.24.115 then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Contractor and the City, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor's waiver of immunity under Industrial Insurance, Title 51 RCW solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of the agreement. 13. Waiver No officer, employee, agent, or other individual acting on behalf of either parry, has the power, right, or authority to waive any of the conditions or provisions of this agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either party to enforce, at any time, any of the provisions of this agreement, or to require, at any time, performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor shall it affect the validity of this agreement, or any part thereof. 14. Assignment and Delegation Neither parry shall assign, transfer, or delegate any or all of the responsibilities of this agreement, or the benefits received hereunder, without first obtaining the written consent of the other parry. 15. Jurisdiction and Venue This agreement is entered into in Spokane County, Washington. Venue shall be in Spokane County, State of Washington. 16. Arbitration All disputes arising under this agreement shall be resolved through arbitration pursuant to State law. Rules for arbitration shall be those prescribed by the American Association of Arbitration. 17. Entire Agreement This written agreement constitutes the entire and complete agreement between the parties, and supersedes any prior oral or written agreements. This agreement may not be changed, modified, or altered, except in writing and signed by the parties hereto. 18. Anti - kickback No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement, shall have, or acquire, any interest in this agreement, or have solicited, accepted, or granted, a present or future gift, favor, service, or other thing of value from any person with an interest in this agreement. 19. Business Registration Prior to commencement of work, Contractor shall register with the City as a business. 20. Severabilitv If any section, sentence, clause or phrase of this agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this agreement. 21. Exhibits Exhibits attached and incorporated into this agreement are: 1. Scope of Services 2. Cost of Work 3. Insurance Certificates Agreement for Services, Poe Asphalt Paving Page 4 of I I IN WITNESS WHEREOF, the parties have executed this agreement this .2010. CITY OF SPOKANE VALLEY: City Manager ATTEST: City Clerk/Deputy City Clerk CONTRACTOR day of Owner Tax I.D. No.: APPROVED AS TO FORM: Office of the City Attorney Agreement for Services, Poe Asphalt Paving Page 5 of I Exhibit 1 SCOPE OF SERVICESWINTER MAINTENANCE CITY OF SPOKANE VALLEY BACKGROUND AND GENERAL The City of Spokane Valley desires winter maintenance services for the established public streets of the City of Spokane Valley on a 24 hour /7 days per week basis. The services will consist of snow removal and deicing application as directed by the City using a combination of City owned equipment, personnel, materials and maintenance facility and Contractor owned equipment, materials and personnel. EQUIPMENT The City will provide the maintenance facility at 11702 East First Avenue, Spokane Valley, and the following equipment: 4- single axle plow /sander trucks. 1- tandem axle plow /sander truck. 2- single axle plow /deicer trucks. The Contractor will provide the following equipment: 2 -road graders with 14' mold boards and wings. All equipment used in winter maintenance operations will be stored and readied for use at the maintenance facility. The Contractor will assist in maintaining City equipment and will fully maintain Contractor equipment to achieve the highest level of operational efficiency. All parts and supplies used for City owned vehicles in winter maintenance operations will be supplied by the City. The City will provide radio or cell phone communication equipment for each vehicle used in the winter maintenance operations and remain inside the vehicle. STAFFING The Contractor will provide trained and skilled driver /operators for each of the pieces of equipment used in the winter maintenance operations. The Contractor will provide 9 driver /operators and 1 Mechanic /Operator as a base level service. All 10 staff will receive all City snow plow and deicing training. An additional 6 operators will be made available in the event of extreme snow conditions. The Contractor will have a Project Manager available by cellular phone 24 hours /7 days per week. The City will provide 3 operators that will be included as truck drivers in the winter maintenance operation. The Contractor will coordinate scheduling and assignment of the City operators with the City's Street Maintenance Superintendent. The Contractor will also include City staff in the Contractor's safety plan. CALL TO BEGIN WORK The Contractor shall have a project manager available 24 hours /7days a week to receive calls to work without exception. The City will pay the contractor a minimum of 2 hours per day for the project manager to be available on a 24/7 basis. A 2 -way radio will be provided by the City. The Contractor's PM will also provide a backup phone. Communication is of the utmost Agreement for Services, Poe Asphalt Paving Page 6 of 11 DRAFT importance. No work shall begin prior to receipt of directions from the City and work shall continue until notification from the City to stop work. CALLOUT RESPONSE TIME The Contractor shall have equipment and operators on the job and operating on assigned roadways as soon as possible when notified by the City. When requested by the City with 8 hours of notification, the Contractor will place requested driver /operators on standby pay. The City will pay the contract 2 hours of pay for each drive /operator during a 24 hour period. When the Contractor's staff is on standby pay the contractor shall have the driver /operators on assigned roadways within 2 hours of notification by the City. Equipment shall be stored and in ready state at the City's Maintenance facility at 11702 E. First Ave. The City will pay the Contractor for contractor owned equipment 1 hour of service time for each 24 hour period to have the equipment ready, maintained and operational. PLOWING ROUTES Streets have been selected and listed in priority order for winter maintenance operations. Maps of the streets with their priority indicated will be provided to the Contractor for use by the PM and operators. Strict adherence to the clearing of only the public roadways as assigned is mandatory. No altering of the assigned streets or areas to be cleared or deiced will be made without direction from the City. The following table summarizes the length of streets in each Priority for snow removal Street Priority C/L Miles Lane Miles Priority 1 Major Arterials 29.27 135.64 Priority 2 Minor Arterials 60.98 159.12 Priority 3 Collectors/Hilly Locals 75 155 Priority 4 Valley Floor Locals 272.37 544.74 SNOW REMOVAL MANAGEMENT AND LEVEL OF SERVICE Snow shall not be pushed onto traffic islands, trees, shrubs, handicap ramps or into piles that block intersections. Snow removed from two lane roadways shall be plowed a minimum of 12 feet in width for each lane. All lanes of multi -lane roadways shall be cleared of snow to the curb and all intersections shall be cleared. Snow /ice shall be removed as close as possible to bare pavement but in no case leaving more than 1 /2" of snow or ice on the pavement. The desire of the City is to maintain adequate traction for vehicles that are properly equipped for winter driving conditions. The level of service will be as outlined in the City's adopted Snow Plowing and Deicing Level of Service plan as posted on the City's web site. DEICING ROUTES Deicing Routes have been selected and listed in priority order for winter operations. Maps of the streets with their priority indicated will be provided to the Contractor for use by the PM and Agreement for Services, Poe Asphalt Paving Page 7 of 11 DRAFT operators. Strict adherence to the deicing of only the public roadways as assigned is mandatory. No altering of the assigned streets or areas to be deiced will be made without direction from the City. DEICING MANAGEMENT Granular Material for deicing will be supplied by the City and located at the City maintenance site. Liquid deicing material will be supplied by the City and will be maintained in a holding tank located at 12001 East Empire Avenue, Spokane Valley. Due caution and care in loading deicing chemical will be taken to avoid spills. The City shall be immediately notified of spills or leakage of deicing chemicals. Application rates will be determined in advance of deicing application and street assignments. Strict adherence to these application rates shall be followed. MAINTENANCE FACILITY AND EQUIPMENT The Contractor shall prepare, maintain and operate the equipment, including City owned plow /deicing trucks, and the maintenance facility at 11702 East First Avenue, Spokane Valley. The Facility will be used for storage of maintenance equipment and materials and utilize existing buildings for equipment maintenance, parts and supplies storage and operations staging. Contractor will work with the City to keep the equipment and facility secure from theft, vandalism and trespass. All work by the Contractor to prepare, maintain and operate the equipment and maintenance facility will be reimbursed in full. COMMUNICATIONS WITH CITY Communications with the City are essential to the success of winter maintenance. Contractor will notify City immediately upon occurrence of any collisions or damage to public or private property. The Contractor will immediately notify the City of any operational or emergency situations that impact the winter maintenance operations. PUBLIC RELATIONS All public contacts and relations are the responsibility of the City. The Contractor will immediately notify the City of any contacts with the public, law enforcement or elected officials. DAMAGES Contractor agrees to reimburse the City for the replacement of signs, sign posts, guard posts or guard rails, curbs and medians damaged by the Contractor if resulting from the Contractor's negligence as determined by the City's representative. Normal wear and tear of City streets will not be the responsibility of the Contractor. PRESEASON/POST SEASON MEETING Prior to the beginning of winter maintenance operations the Contractor will meet with City staff to review all winter maintenance operations. The Contractor will make their employees available for a "dry run" of all streets and a review of the winter operations including communications. At the completion of winter operations in the Spring of 2011, a meeting will be held with the City and the Contractor to review the past season's operations and discuss any problems or difficulties arising from the past season's contract. Agreement for Services, Poe Asphalt Paving Page 8 of I DRAFT Exhibit 2 1. Cost of the Work. Cost of the Work means the sum of costs incurred and paid by Contractor in the proper performance of the Work. Costs shall include only the following items: 1.1 Direct Costs 1.1. l Payroll Costs. Charges for Payroll Costs will be limited to actual costs of Contractor's construction personnel stationed in the field. Payroll costs shall include, but not be limited to, salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits. The expenses of performing Work outside of regular working hours, on Saturday, Sunday, or legal holidays, shall be included in the above to the extent authorized by Owner. 1. 1.2 Equipment Costs. Charges for Equipment Costs used by the contract to complete the work in the field. 1.1.3 Material Costs. Charges for Material Costs furnished by the Contractor and incorporated in the Work. The City and Contractor agree that materials listed under Attachment C — Part 4 of Exhibit 2 represent the maximum authorized types of materials and unit rates which will be considered reimbursable under the terms of the this contract unless subsequently changed for reasons approved by the City by a formal change order to the Contract. 1.2 Subcontractor Costs 1.2.1 If required by the City, the Contractor shall obtain competitive bids from subcontractors acceptable to the City and Contractor and shall deliver such bids to the City, who will then determine which bids, if any, will be acceptable. 1.2.2 Material Costs. Charges for Material Costs furnished by the Subcontractor and incorporated in the Work. If required by the City, the Contractor shall obtain competitive bids and shall deliver such bids to the City, who will then determine which bids, if any, will be acceptable. 1.2.3 Payments made by the Contractor to Subcontracts may be based on a lump sum price from the Subcontractor. 2 Overhead and Profit Contractor's fee means a percentage over the direct costs (Items 1.1 and 1.2 above) to account for the contractor's overhead and profit. 2.1 Fee for overhead and Profit for the Project costs is a percentage over the direct cost (Item 1.1 above) that includes the overhead and profit for the contractor over work executed by the contractor. Overhead costs includes, but are not limited to, the cost of the contractor's offices and office personnel, insurance, bonds, and any other overhead and operating expenses not specifically included in the Cost of the Work as defined in Section 1.1 above. Agreement for Services, Poe Asphalt Paving Page 9 of I DRAFT 2.2 Fee for overhead and profit for subcontractor's cost is a percentage over the cost charged by the subcontractor to the contractor (Item 1.2 above). The overhead and profit for the operation of the subcontractor is already included in the subcontractor cost charged by the subcontractor to the contractor. 3. Direct Cost Rates. 2011 2010 % Increase Labor Hourly Overtime Hourly Overtime Hourly Overtime Superintendent /Manager $58.60 $72.85 $56.35 $70.05 4% 4% Foreman $43.55 $57.70 $41.85 $55.45 4% 4% Operator $42.55 $56.70 $40.85 $54.45 4% 4% Teamster $42.55 $56.70 $40.85 $54.45 4% 4% Laborer $39.40 $52.40 $37.85 $50.35 4% 4% o� Equipment Costs Costs Increase 38 KW Tractor $61.50 $60.00 2.5% 22 End Dump $61.50 $60.00 2.5% 29 End Dump $61.50 $60.00 2.5% 40 End Dump $61.50 $60.00 2.5% 56 End Dump $61.50 $60.00 2.5% 60 End Dump $61.50 $60.00 2.5% 23 Super $82.50 $80.50 2.5% 24 Super $82.50 $80.50 2.5% 25 Super $82.50 $80.50 2.5% 27 Super $82.50 $80.50 2.5% 28 Super $82.50 $80.50 2.5% 257 Water Truck $46.00 $44.50 3.4% 259 Water Truck $61.50 $60.00 2.5% 205 Tack Truck $46.00 $44.50 3.4% 273 Service Truck $40.00 $39.00 2.6% 230 F250 $16.50 $16.00 3.1% 300 F150 $16.50 $16.00 3.1% 202 F450 $27.50 $26.75 2.8% 208 F450 $27.50 $26.75 2.8% 247 F550 $27.50 $26.75 2.8% 75 Lowbed $38.00 $37.00 2.7% 102 Pup $21.50 $21.00 2.4% 103 Pup $21.50 $21.00 2.4% 187 Pup $21.50 $21.00 2.4% 188 Pup $21.50 $21.00 2.4% Agreement for Services. Poe Asphalt Paving Page 10 of 11 DRAFT 197 Belly Dump Trailer $21.50 $21.00 2.4% 144 Tilt Trailer $27.50 $26.25 4.8% 131 Trailer $16.25 $15.75 3.2% 132 Trailer $16.25 $15.75 3.2% 149 Trailer $16.25 $15.75 3.2% 461 Grade Roller $56.00 $54.50 2.8% 406 DD34 Roller $45.75 $44.25 3.4% 411 Roller $45.75 $44.25 3.4% 418 Roller $67.00 $65.00 3.1% 416 Roller $81.00 $79.00 2.5% 505 Bomag $87.50 $85.00 2.9% 524 Blawknox $180.00 $175.00 2.9% 722 John Deere 210 $51.50 $50.00 3.0% 718 Huber $56.50 $55.00 2.7% 711 Cat 160 $87.50 $85.50 2.3% 828 Broce Broom $56.50 $55.00 2.7% 926 Tack Trailer $16.50 $16.00 3.1% 421 Plate Wacker $5.50 $5.30 3.8% 946 Saw $26.75 $26.25 1.9% Material Costs Costs HMA $59.00 $59.00 0.0% Top Course (5/8) $6.30 $6.30 0.0% Overhead and Profit Fee Costs Costs Direct Costs 22% 22% 0.0% Subcontractors 8% 8% 0.0% Agreement for Services. Poe Asphalt Paving Page 11 of 11 Winter Snow Operations Plan — Option 1 Update 9/21/2010 1. Develop an RFP (Request for Proposals) for services similar to the 2009/2010 Poe Snow Operations Contract. a. 3 -4 month process. b. Contract approval by Council in August /September c. Funds are available in the Street Fund and Winter Reserve Fund Status: We are preparing a bid for snow plowing with graders in the event we need to plow residential areas on the Valley floor or if we need additional assistance with arterials. The RFP process for the long term contract has been delayed as result of resignation of the Street Superintendent. We will continue the contract with Poe Asphalt for 2010/2011 and will conduct the RFP process in early 2011. This will also allow us to better understand the scope of the long term contract as last winter was extremely mild and not representative of typical winter operations. 2. Purchase the Waste Management property. a. 1.6 Acres b. Zoning is Corridor Mix Use (CMU) c. Employee office, break room and storage area 2,405 S.F. Built in 1955 and is in fair condition. d. Shop building is 2,447 S.F. Built in 1972 and is in poor condition. This building will need some repair in the near future. e. Consider exempting the facility from current City zoning requirements. f. Appraised value on July 9, 2009 was $530,000 g. Cost of the facility would be shared by the Street Fund and Stormwater Fund Status: On April 6, 2010, Council recommended that we conduct a property search. We sent out a notice to all realtors in Spokane Valley. We are currently reviewing properties with realtors and will bring that information to Council in the near future. 3. Hire one additional full -time maintenance /constructions inspector. a. The new position would be jointly funded by the Street Fund and the Stormwater Fund. The Stormwater program needs additional help for sweeping and vactoring work during the summer. b. The Private Snow Operations Contract can be reduced to reflect the increase in cost for the position during the winter months. Status: We are currently in the process of hiring this position. 4. Purchase one new truck /plow /sander a. Estimate cost $200,000 b. With the low snow year we should be able to purchase within the existing approved 2010 budget. Status: Council approved the award of this unit and it has been ordered. 5. Purchase one new loader /backhoe a. Would be used for loading deicer in the winter and storm water work in the summer. b. Cost of the loader would be shared by the Street Fund and Stormwater Fund. c. Cost is approximately $90,000 d. With the low snow year we should be able to purchase within the existing approved 2010 budget. Status: Council approved the award of this unit and it has been ordered. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Sept 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Projects for Federal Congestion Management Air Quality (CMAQ) Grants GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: discussion at 8/24/10 meeting BACKGROUND: The call for projects allocates $10.5 million for the 2010 -2012 funding cycle. Most projects under this program are funded 86.5 %, and bicycle and pedestrian projects are funded at 80 %. Applications are due September 24 After reviewing a list of potential projects and evaluating them against the scoring criteria, we propose moving forward with the following applications: - Flashing Yellow Arrows (PE, CN). Install additional flashing yellow arrows at signalized intersections. Possible locations include 8 th Avenue /Dishman -Mica Road, 4 th Avenue /Sullivan Road, Euclid Avenue /Sullivan Road, Marietta Lane /Sullivan Road, Kiernan Avenue /Sullivan Road, 8 th Avenue /University Road, and 4 th Avenue /University Road. This project will reduce delay and emissions at intersections. Mansfield Ave. Extension (RW, CN). This would complete the 300' gap in Mansfield Avenue providing a through street from SR -27 to Mirabeau Parkway. This requires the purchase and removal of a six -plex residential unit. Some minor sidewalk improvements will be added to improve accessibility. The extension would create a continuous bike facility from Pines Road to Mirabeau Parkway. The project may also include some transit - oriented improvements such as a shelter at the Granite Point apartment complex and a crosswalk to facilitate safe pedestrian access. This project is in our Six -Year TIP. Sprague - Sullivan ITS (PE, CN). Part of this project is funded through the Energy Efficiency and Conservation Block Grant, but additional funding is needed to complete the loop of fiber optic cable down Sprague Avenue and up Sullivan Road to 1 -90. Construction of part of this project would be dependent on getting funding for Sprague Avenue repaving from Evergreen Road to Sullivan Road. In our Six -Year TIP, in Regional ITS Plan. University Road Overpass Study (PE). This would study the area bound by Argonne Road, Trent Avenue, Pines Road, and 1 -90. It would evaluate the effectiveness of a new 1 -90 overpass at University Road and any other necessary improvements to help alleviate the existing congestion on the Argonne Road corridor and accommodate future growth. In our Six -Year TIP. - Sidewalk Infill (PE, RW, CN). This would construct miscellaneous sidewalk infill projects throughout the City. The projects could focus on improvements within the walking radius of schools, high density housing, commercial districts and transit facilities. Example projects could include Farr Road between 4 th Avenue and Appleway Boulevard, 24 Avenue near Terrace View Park, etc. Other enhancements such as transit shelters, bike racks, or pedestrian countdown signals could be included as well. Traffic Signal Controller Upgrades (CN). This would upgrade the final 12 isolated signals that still have the old controllers. In Regional ITS Plan. Depending on the results of other grant applications recently submitted, we may also submit applications for these two projects: - Spokane Valley- Millwood Trail (PE or CN). Additional PE and /or CN funding as needed. The trail would be built on county -owned rail /sewer right -of -way. In our TIP, shown on MTP (Metropolitan Transportation Plan). - North Greenacres Trail (PE or CN). Additional PE and /or CN funding as needed. The trail would be built on county -owned rail /sewer right -of -way. In our TIP, shown on MTP (Metropolitan Transportation Plan). OPTIONS: Discussion and consensus on projects to move ahead with grant applications. RECOMMENDED ACTION OR MOTION: Consensus to move ahead. BUDGET /FINANCIAL IMPACTS: Submittal of these grant applications does not commit the city to any funding at this time. With these projects, staff will continue to evaluate additional funding opportunities as they arise in an effort to minimize the amount of city funds needed as a local match. STAFF CONTACT: Neil Kersten, Public Works Director; Steve Worley, Capital Projects Manager; Inga Note, Senior Traffic Engineer ATTACHMENTS: None. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: SRTC Call for Transportation Projects of Regional Significance GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of the 2011 -2016 Six Year Transportation Improvement Plan; Info RCA on this issue in Council's September 14 packets BACKGROUND: Earlier this year the Washington State Transportation Commission (WSTC) requested of SRTC (and other regional transportation planning organizations throughout the state) a list of the top twenty transportation projects in our area that would help identify statewide transportation needs. This request is based on a proviso included in the state's 2010 Supplemental Transportation Budget (ESSB 6381, Sec. 205 (8)). In response to the WSTC's request, SRTC has issued a "Call for Projects — Transportation Related Projects of Regional Significance." See attached email and application. Applications are due September 29, 2010. Staff is looking at the following projects as possible candidates for this call and would like to get council's input. 1. BARKER ROAD /BNSF GRADE SEPARATION Barker Road is a north -south principal arterial in the City of Spokane Valley. It crosses the Burlington Northern Santa Fe (BNSF) mainline near SR 290 (Trent Avenue). Barker Road currently carries approximately 4,290 vehicles per day. The BNSF line carries between 30 and 50 trains per day. Barker Road lies between the Sullivan Road overpass and Flora Road at -grade crossing to the west, and the Wellesley Avenue overpass to the east. Barker Road is currently protected by standard railroad gates and signals. 2. APPLEWAY EXTENSION UNIVERSITY TO TSCHIRLEY The City intends to implement phased street network improvements by extending Appleway Avenue in a way that will balance automobile, transit, bike, and pedestrian needs. The proposed improvements are intended to maximize ways of reaching and moving through the corridor and maintain the circulation system's capacity to move commuters during peak hours in a configuration that complements the envisioned land use and development pattern as outlined in the adopted Sprague /Appleway Subarea Plan. 3. SULLIVAN CORRIDOR PROJECT - INDIANA RD TO WELLESLEY RD Sullivan Road is a north -south principal arterial in the City of Spokane Valley that connects 1 -90 to SR290 and the Bigelow Gulch Corridor project being developed by Spokane County. It includes overpasses for the Burlington Northern Santa Fe Railroad (BNSF) mainline near SR 290 (Trent Avenue) and the Union Pacific Railroad mainline north of the Spokane River. Sullivan Road directly serves the Spokane Industrial Park and adjacent industrial zoned properties which includes multi -modal connections to both railroad BNSF and UPRR lines. This project consists of four parts; 1) overpass improvements at Trent Avenue (SR 290) and BNSF railroad crossing to increase traffic capacity, add pedestrian and bike facilities, provide room for an additional railroad line and improve the geometric section of the roadway for improved traffic safety, 2) reconstruct the entire length of the roadway with concrete, 3) replace the Sullivan Road West Bridge over the Spokane River, and 4) resurface the deck on the bridge over the Union Pacific Railroad tracks. 4. MILLWOOD - SPOKANE VALLEY TRAIL The Millwood - Spokane Valley Trail is a five -mile separated pathway on abandoned railroad right -of -way. Spokane County's North Valley Interceptor sewer is located in this right -of -way. It also connects the cities of Spokane, Spokane Valley, and Millwood. This trail will provide a route though much of the City of Spokane Valley connecting 2 elementary schools, a middle school, and a high school. 5. SPRAGUE AVENUE RESURFACING PROJECT #2 -EVERGREEN RD TO SULLIVAN RD Grind and Resurface roadway, upgrade storm water deficiencies, retrofit sidewalk handicap ramps to bring up to current ADA standards, and install conduit for signal interconnect. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET /FINANCIAL IMPACTS: Submittal of these projects in response to SRTC's call for projects does not commit the city to any funding at this time. STAFF CONTACT: Steve Worley, Neil Kersten ATTACHMENTS: 1) Email from SRTC dated 9/14/2010; 2) Project Application 2010 Application for Regional Priority Projects REGIONAL SIGNIFICANCE: (project must meet definition below to be considered) Transportation improvements of `regional significance' are those transportation related investments that benefit two or more jurisdictions within the SRTC Transportation Management Area (TMA), benefit the economic health of the region, or enhance the state or federal transportation system within the boundaries of the SRTC TMA. Transportation improvements of `regional significance' may include investments for vehicular traffic, freight mobility, public transportation, passenger rail, or for bicycle - pedestrian accommodations. They may be for either a single transportation mode or multi - modal. a) Explain how this project benefits two or more jurisdictions within the SRTC Transportation Management Area (TMA). Please emphasize how this project benefits the economic health of the region, or enhance the state or federal transportation system within the boundaries of the TMA. SAFETY — Total possible points 40 Reduce transportation - related fatalities and injuries and improve the security of transportation customers and the transportation system. Accidents (15 points total): These points will be awarded based on how well the project improves high accident locations, or improves routes where potential conflicts between modes are high. Please choose one of the methods below to describe your project: ❑ Please give exact location of the linear section of the road and /or intersection to be evaluated. SRTC's GIS staff will assign this project a score using an accident/VMT ratio analysis. Scores will be based on where the projects fall within the four defined accident quartiles below: Please describe location: ❑ 15 points - High Accident Area (Greater than 11.945647 Collision Points per Million VMT) ❑ 10 points - Medium Accident Area (Between 11.934164 and 2.966699 Collision Points per Million VMT) ❑ 5 points - Low Accident Area (At or below 2.965791 (except zero)) ❑ 0 points - Zero Accident Area (Zero (o)) OR ❑ If this project is new (or does not have accident history), please explain how reduces potential for accidents in known hazardous area. Please provide actual traffic data where applicable. (Important: you may be asked to present your case to the scoring committee to explain the accident reduction potential that you describe for this project). Please explain: Additional Safety Criteria (5 points total for each section below): Check all that apply. Does this Project? ❑ Add intersection improvements such as: curb extensions, lighting, raised median, crosswalk enhancements, signs, signals, roundabouts or mid -block crossing treatments or other improvements where feasible. Please explain: ❑ Provide safe routes to transit and /or schools, employment, and retail centers by constructing bicycle lanes or paths and /or pedestrian walkways. Please explain: ❑ Eliminate ADA and /or language barriers and /or address special mobility needs of disabled, children and elderly population. Please explain: ❑ Eliminate at -grade crossings; Reduces or limits access points. Please explain: ❑ Include Intelligent Transportation System for security purposes or improve emergency management capabilities. Please explain: ECONOMIC VITALITY— Total possible points 40 Stimulate economic competitiveness by developing transportation systems which improves the reliable and timely movement of people and goods. Please explain how this project (please provide all pertinent data): o Improves employment /development potential in the corridor. (15 points total) o Reduces commute time or improves workforce mobility. (10 points total) o Reduces freight travel time and /or improves freight capacity. (8 points total) o Reduces conflicts between people and freight movements. (7 points total) PRESERVATION — Total possible points 30 Maintain, preserve and extend the life and utility of prior investments in transportation systems and services. Ensure that our region's transportation infrastructure remain in a state of good repair. "State of Good Repair" is defined as: A condition, in which the existing physical assets, both individually and as a system are functioning as designed within their useful lives and are sustained through regular maintenance and replacement programs. This project (6 points total for each criterion): Check all that apply. ❑ Exists as a priority on the jurisdictions maintenance program. ❑ Score on TTC's pavement condition report or the state's bridge inventory. ❑ Meets the lowest cost possible to achieve the desired performance outcome. Please explain: ❑ Leveraged investments or matching funds. Please explain: ❑ Meets lowest life cycle cost. Please explain: MOBILITY & CONNECTIVITY— Total possible points 30 Enhance the reliable movement of goods and people and increase transportation choices. This project: Check all that apply. ❑ Increases connectivity: (10 points total) o Creates /improves connections between trip generators. Please explain: o Creates /increases connections between modes of transportation. Please explain: o Increases transportation choices between trip generators. Please explain: ❑ Contributes to the efficient movement of commerce and freight by: (10 points total) o Improving connections between shipping centers and freight corridors and connectivity among freight routes. Please explain. o Separating high - volume mid- and long- distance shipping corridors from local traffic where feasible. Please explain: ❑ Improves arterial efficiencies by: (5 points total) o Creating grade separated facilities for slower modes, bicycles and pedestrians on high volume, medium to high speed corridors. Please explain: o Reducing barriers to pedestrian and bicycle travel. Please explain. o Improving roadway design on freight routes to accommodate trucks. Please explain. o Incorporating universal design principles for way finding. Please explain. ❑ Enhances transit investments by: (5 points total) o Improving convenience, speed and reliability of transit vehicles and bus stop performance through connectivity to other modes. Please explain: ENVIRONMENT — Total possible points 30 Improve our region's quality of life through transportation investments that recognize and enhance the environment. This project: Check all that apply. ❑ Supports infill and transit oriented development in urbanized areas. (9 points total) Please explain. ❑ Addresses State climate change goals by: (9 points total) ❑ reducing Green House Gases ❑ reducing Vehicle Miles Traveled ❑ Makes use of best available design to manage storm water runoff by: (4 points total) ❑ includes vegetation management ❑ includes culverts for aquatic life ❑ Improves environment by: (4 points total) ❑ improving air quality ❑ reducing traffic noise ❑ improving aesthetics ❑ Has received SEPAMEPA environmental clearance. (4 points total) STEWARDSHIP -- Total possible points 30 To continuously improve the quality, effectiveness, and efficiency of the regional transportation system through coordinated policies, leveraged investments, and collaborative projects. This Project: Check all that apply. ❑ Was coordinated with other jurisdictions and agencies where applicable. (10 points total) Please explain. ❑ Is in an adopted land use plan or program with a documented transportation system need. (5 points total) ❑ Has users contributing financially to a portion of the construction costs, debt service, or operations costs. (5 points total) Please explain. ❑ Demonstrates the project cost effective based on a cost benefit analysis. Please attach supporting documentation. (5 points total) ❑ Includes a plan for public input on design of project. (5 points total) Steve Worley From: Donna Lively [dlively @SRTC.ORG] Sent: Tuesday, September 14, 2010 3:18 PM Subject: Call for Regionally Significant Transportation Related Projects Attachments: Call for Regional Projects 2010_091410 Application.doc SRTC announces the opening of a Call for Regionally Significant Transportation Related Projects for potential funding. Attached is the application for your convenience. At the request of the SRTC Board, the following Call for Projects will be limited to a maximum of five project submissions per jurisdiction. The projects will be scored a buy a contingent of SRTC Transportation Technical Committee and Transportation Advisory Committee members. Please note after the first round of scoring, some jurisdictions may be asked to give the scoring committee a short informal (low -tech) presentation on their projects. In some cases, additional questions may be asked to further address the scoring criteria approved by the SRTC Board last week and serves as the basis of the application. Call for Projects - Transportation Related Projects of Regional Significance Spokane Regional Transportation Council (SRTC) is soliciting for projects of `regional significance' for possible future funding. Projects of regional significance are transportation - related investments that benefit two or more jurisdictions within the SRTC Transportation Management Area (TMA), benefit the economic health of the region, or enhance the state or federal transportation system within the boundaries of the SRTC TMA. Details and applications can be found at www.srtc.org or by calling 509/343 -6370. Applications are due on /before 9129110 at 4:30 pm. SRTC assures nondiscrimination in accordance with the Title VI of the Civil Rights Act of 1964, and Civil Rights Restoration Act of 1987 (P.O. 100.259) and the Americans with Disabilities Act. tSR Tc w Donna Livery Administrative Secretary Spokane Regional Transportation Council Kootenai County Metropolitan Planning Organization 221 W. First Avenue, Suite 310 Spokane, WA 99201 509.343.6370 Email: d live lv(asrtc.ora Website: www.srtc.orq CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Assessment Reimbursement Districts — Appeal provision amendment — administrative report GOVERNING LEGISLATION: SVMC 3.75.050; SVMC 17.90 PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: SVMC 3.75 provides for the formation of assessment reimbursement districts as a mechanism to pay for infrastructure improvements related to development. It was originally adopted in 2005, and has not been used to date in our City. In summary, a developer and /or the City (or a combination of those two, sharing costs) could finance the construction of infrastructure improvements up front, subject to being reimbursed within 15 years. The boundaries of the district would be established at the front end of the process, and would include all properties that were anticipated to benefit from the new infrastructure. Reimbursement would occur when each individual property owner seeks permits to develop or redevelop their property. At the time the district is formed, a standardized formula would have been established to calculate the value of the improvements (for example, the cost of each vehicle trip). When the property is developed, and the number of trips the development is anticipated to produce determined, then the per -trip cost is paid to the original developer /city prior to receiving building permits. This allows for necessary infrastructure to be paid for when needed, and also provides a mechanism for appropriate reimbursement. Some individual property owners may object to having their property included in the proposed district, or the proposed assessment amount. There currently exists an appeal process to object to inclusion in the district, or the amount assessed. The current notice and hearing procedure set out in SVMC 3.75.050 references Chapter 10.04. However, the Code no longer includes Chapter 10.04, which was recodified with the adoption of the Uniform Development Code in 2007. In order to update the Code, we are amending the notice and hearing procedure to reference SVMC 17.90 for the appeals process instead of Chapter 10.04. SVMC 17.90 currently regulates the appeals process for Type I land use and development decisions which is the proper classification of an assessment reimbursement district. Updating the code in this way simply changes the reference to the section that will govern the appeal process for a property owner, and changes the language to a small degree for clarity. Staff would classify this as a housekeeping item. OPTIONS: RECOMMENDED ACTION OR MOTION: Consensus to move to first reading. BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Acting City Attorney; Christine Hayes, Legal Intern ATTACHMENTS: Proposed amendment to SVMC 3.75.050 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 10-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE 3.75 REGULATING THE APPEALS PROCESS PERTAINING TO ASSESSMENT REIMBURSEMENT DISTRICTS. WHEREAS, the City previously adopted Spokane Valley Municipal Code (SVMC) 3.75 relating to financing the construction of infrastructure improvements, consistent with RCW 3 5.72; and WHEREAS, RCW 35.72 requires a municipality to grant a public hearing at the request of an aggrieved property owner who objects to inclusion of their property in the boundaries of the assessment reimbursement district; and WHEREAS, SVMC 3.75.050 requires the public hearing process for any such appeal be regulated pursuant to SVMC 10.04; and WHEREAS, the Spokane Valley Municipal Code no longer includes Chapter 10.04; and WHEREAS, SVMC 17.90 now regulates the appeals process for Type I land use and development decisions; and WHEREAS, an assessment reimbursement agreement appeal is properly classified as a Type I land use and development decision. NOW THEREFORE, the City Council for the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend and regulate the appeals process through which a property owner whose property is included in the preliminary assessment roll of an assessment reimbursement district may contest the preliminary determination of inclusion of his /her property and assessment amount. Section 2. Amending Spokane Valley Municipal Code Section 3.75.050. Spokane Valley Municipal Code 3.75.050 is amended as follows: 3.75.050 Notice and hearing procedure. A. Private Improvements. Upon drafting of the preliminary assessment roll, the preliminary determination of the assessment reimbursement area boundaries and assessments, along with a description of the property owners' rights and options to participate in the reimbursement agreement, shall be forwarded by the City by certified mail, return receipt requested, to the property owners within the proposed reimbursement assessment area. A property owner whose property is included in the preliminary assessment roll has standing may request a up blic hearing before the city hearing examiner pursuant to SVMC 17.90.040 to contest the preliminary determination of inclusion of his /her property and assessment amount. Any appeal of the city hearing examiner's decision may be made by filing a land use petition with superior court pursuant to Chapter Ordinance 10- amending SVMC 3.75 Page 1 of 2 DRAFT 36.70C RCW. b B. City Improvements. The City may participate in a reimbursement agreement where the City has provided or joined in the financing of the improvements that will benefit other properties. The notice and hearing provisions in subsection A of this section shall apply to this subsection. No improvements that benefit the general public may be subject to a City -held reimbursement agreement. The City may be reimbursed for its investment in the improvements in the same manner as owners of real property who participate in an improvement project and request a reimbursement agreement. Authority of the City to participate in a reimbursement agreement is in addition to the power of the City to impose special utility connection charges and special assessment district charges. In the event the City participates in financing an improvement, it must specify the conditions of its participation in an ordinance. Section 3 . Remainder of SVMC 3.75 Unchanged The remaining provisions of SVMC 3.75 are unchanged by this amendment. Section 4 . Severability 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. Section 5 . Effective Date This Ordinance shall become effective five days after publication of the Ordinance, or a summary thereof, in the official newspaper of the City. Adopted this day of , 2010 City of Spokane Valley Thomas E. Towev, Mavor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10- amending SVMC 3.75 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 21, 2010 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE : Budget Comparisons GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: Council members have requested a comparison of budgeted expenditures for the last few years. BACKGROUND: As part of Council's review of the 2011 budget, a comparison of budgets was requested. Staff will discuss this comparison at the September 21, council meeting. OPTIONS: NA RECOMMENDED ACTION OR MOTION: No action is needed at this time. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director, Mike Jackson, City Manager c N E 41 L CZ W D N N -0 bD N 0 � L O c 4 41 c n Y � O O CL CL N V) X 4 LU L f6 d > u b s L m O LL N c bD • L O c-I lO O 00 m O I� m I� O N -* 00 M m O M c-I (N N 00 N c-I M M N N O M O bA M Ol N 1 .0 00 N I� O 'a Cn N 7 c-I CO N 00 c O N Ln O O O 00 Ln O m 00 O M c O 1 O c-I m M 00 -* l0 O M Ln Ln -* N N N Ln Ln c Ln M M lO N O 00 m I� Ln 00 Ln N 00 N 00 lO N lO m I� 14 + lO O M M M O M I� 00 01 N c-I lO Ol 01 00 Ln M v N N N N Ln N -* m N N c-I I� Ln -* N 00 m-* M Ln 0 O w M O c Ln O N 00 M O N lO Ol N O M 0 lO M N 0 = .--I N -* c N = O c-I c r 00 O c-I c N Lti L CO Ln I� N -::, L6 m N N N l 0 c q Ln M a CO M c-I c-I c-I lO O 00 m O I� m I� O N -* 00 M m O M c-I (N N 00 N c-I M M N N O M O bA M Ol N 1 .0 00 N I� O 'a Cn N 7 c-I CO N O N-* N 00 lO -* N M N Ln M M m Ln O lO O O N m c-I lO Ln lO -* O Ln M 00 O N O ' Ln 00 M O:T c-I 00 N Ln M -* N N N M N Ln 00 Ln Ln Ln c-I O 0 N N M lO N lO O N M N 00 -* M m M N N M c-I m 00 � M N N Ln N 00 m 00 N 14 c-I W 0 - M O O lO O N 00 M c-I M I� Ol N c-I c-I N M N 7 CO N c-I N N Ln c-I O N O bA c-I c-I N lD I� M c-I M Lf) M c-I lO O 00 m O I� m I� O N -* 00 M m O M c-I (N N 00 N c-I M M N N O M O bA M Ol N 1 .0 00 N I� O 'a Cn N 7 c-I CO N O c-I -* O N Ln 00 -* M M m M I� lO -* O O O:T O 00 Lr O N 00 N M 00 lO 00 -* c-I m M 00 c-I m r -I O O m -* m M O N -* N O N c-I N c-I m c-I 1 .0 c-I c-I O O M Ol O M c-I c-I 00 l0 c-I N Ln O lC) N M Ln Ln O N O bA M M N lD I� M c-I M 1 .0 N I� Ln M O Ol N-* O N LO O - a M O 00 lO 00 N 00 M O M 00 Ol N 01 c-I 00 -* O N = O c-I O 00 O c-I c-I N 00 N Ln I� c-I -::, L6 m N N N l 0 c q Ln O Ol CO M c-I lO O 00 m O I� m I� O N -* 00 M m O M c-I (N N 00 N c-I M M N N O M O bA M Ol N 1 .0 00 N I� O 'a Cn N 7 c-I CO N O m m O m c-I 00 O N n m I� O c-I m M O 00 Lr Lr c-I C N C O lO V) m c-I c-I O c-I I� O O O -* Ln O n N l0 M � Ol N M O - M Ln .--I U') N 1 .0 m 00 Ol M M m-* M c O O Ln M M N c-I �E 01 N Ln N 01 & �E Ln N 6 Ln M & O 6 00 Lu Lu O b - 00 V) 00 Ln O Ln O n N M n V) N M I� M Ln 00 N M M Ln N i/)- i/)- V) c-I c-I M N c Ln lO N O O O N rf� C6 M N lO � c-I L� L� O M C Ln M Ol 00 c Ol :r�-j M-* O N N N N Ol m I� O c-I m O O:T N a) m Ln O c Ln 00 lO O O -* Ln O n O O O n O M Ln N 1 .0 m 00 Ol M M m-* M c O O Ln M M N c-I lO 01 N Ln N 01 & Ln N 6 Ln M & O 6 00 O O b - 00 V) c-I 00 lO * 01 01 O -* Ln N O L n N 00 O N 0 N 00 N Ln I� c-I c-I Ol N Ol N N l 0 c q Ln O Ol CO C6 c-I c-I Ln M c * L? L? N U c m c N c N U m c .L c O C N m O ~ +, C C bA c b.0 c N N 061 c '++ � U U L d L -a c > C Y ao c L - a 7 c 'a N cr N l7 O .� :3 W 0 Q d CO Lu c Q Q to U - a o >_ v 0 O U N c U > O ++ c 3 c c c U t en c X m c L (0 LL O LL C 7 CO � W ++ +_T+ O Y + U N > O L G1 L d C - Q . LL - Fa > > (0 U 0 � c +v+ vi N N v�� c � 06 v > C7 LL v E E c == C2 m E • i c L N LO * w C7 -j -j a o ii 2 a 0 U (0 a v C7 V V * * * w DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of September 16,2010; 11 :15 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Thursday, September 23, 2010: City Tour for Council & Senior Mgmt. 8:15 a.m, —1 :00 p.m. September 28 201Q Formal Meeting Format 6:00 p.m. [due date Mon, Sept 20] 1. PUBLIC HEARING: 2011 Budget — Ken Thompson (5 minutes) 2, Consent Agenda (Claims, minutes, payroll, Grcenacres Resolution) (5 minutes) 3. Second Reading Ordinance Code Text Amendments (GCA & GCC Zone) — Lori Barlow (10 minutes) 4, Second Reading Ordinance adopting 2011 Property tax Levy --- Ken Thompson (15 minutes) 5. Second Reading Ordinance property tax confirmation — Ken Thompson (5 minutes) 6. Second Reading Ordinance Pre - Treatment — Cary Driskell (10 minutes) 7. First Reading Ordinance to adopt 2011 Budget - ---Ken Thompson (15 minutes) 8, Motion Consideration: Allocation of Funds to Outside Agencies — Ken Thompson (25 minutes) 9, Motion Consideration: Poe Winter Contract --Neil Kersten (10 minutes) 10. Motion Consideration: Interlocal, Pre - Treatment — Cary Driskell (10 minutes) 11. Motion Consideration: Lease Agreement with Community Colleges of Spokane — Mike Stone (10 minutes) 12. Motion Consideration: Lease Agreement with Central Valley School District — Mike Stone (10 minutes) 13. Admin report: Subarea Plan (SARP) Zone Comm. Blvd — Lori Barlow (45 minutes) 14. Info Only: Department Reports 15. EXECUTIVE SESSION: Pending Litigation [*estimated meeting: 175 minutes] October 5, 2010, Study Session Format, 6:00 p.m. [due date Mon, Sept 271 1. Collaborative Plan — Susan Winchell (30 minutes) 2. Advance Agenda (5 minutes) 3. Business License Amendments — Cary Driskell (10 minutes) 4. Public Record Ordinance Amendments — Cary Driskell (10 minutes) 5. Comp Plan Review/Update; SARP & Comp Plan Options —Kathy McClung (30 minutes) 6. Semi - Trucks Parking — Rick VanLeuven (20 minutes) 7. Panhandling Update — Rick VanLeuven (15 minutes) 8. Legislative Agenda Update —Mayor Towey (15 minutes) [*estimated meeting: 135 minutes] October 12. 2010 Formal Meeting Format. 6:00 n.m. 1. PUBLIC HEARING: CDBG 2. Consent Agenda (Claims, minutes, payroll) 3. Second Reading Ordinance to adopt 2011 Budget — Ken Thompson 4. Admin Report: Code Text Amendment CTA 08 -10 — Micki Harnois 5. Advance Agenda jdue date Mon Oct 41 (5 minutes) (5 minutes) (30 minutes) (20 minutes) (5 minutes) [*estimated meeting: 60 minutes] (A WC Regional Meeting, Spokane: October 13, 2010, 6 -8 p. in. CenterPlace)) October 14 2010 Study Session Format 6:00 p.m. [due date Mon, Oct 111 1. Report Back to Council: Community Blvd -- Lori Barlow (30 minutes) 2. Law Enforcement Police Forensics — Rick VanLeuven/Carrie Johnson (20 minutes) 3. Advance Agenda [ *estimated meeting: 50 minutes] Draft Advance Agenda 9/16/2010 11 :16:24 AM Page 1 of 3 October 26 2010 Formal Meeting Format 6:00 p.m. I. Consent Agenda (Claims, minutes, payroll) 2. First Reading Proposed Ordinance, CTA 08 -10 -- Micki Harnois 3. First Reading Public Record Amendments — Cary Driskell 4. First Reading Business License Amendments -- Cary Driskell 5. Advance Agenda 6. Info Only: Department Reports 201 2. SARP Report to Council — Kathy McClung 3. Broadcasting Options — Mayor Towey 4. Admin Report: Fee Resolution Proposed Changes — Ken Thompson 5. Advance Agenda November 9, 2010 Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (Claims, minutes, payroll) 2. Second Reading, Proposed Ordinance, CTA 08 -10 — Micki Harnois 3. Second Reading Public Record Amendments — Cary Driskell 4. Second Reading Business License Amendments --- Cary Driskell 5. Proposed Resolution Amending Fee Resolution — Ken Thompson 6. Advance Agenda November 16 2010 Study ,Session Format 6:00 p.m. 1. Advance Agenda 2. Hotel/Motel Grant Proposals for 2011 November 23, 2010 Tbanksgiving Week (tentative, no meeting) [due date Mon, Oct 181 (5 minutes) (15 minutes) (15 minutes) (10 minutes) (5 minutes) [*estimated meeting: 50 minutes] jdue date Mon Nov 1] (5 minutes) (15 minutes) (15 minutes) (10 minutes) (15 minutes) (5 minutes) [ *estimated meeting: 65 minutes] [due date Mon, Nov 81 [ *estimated meeting: minutes] November 30, 2010, Tentative No Meeting: Council attends NLC in Colorado (Nov 30 -Dec 4) December 7, 201.0, Study Session Format, 6_:00 p.m. [due date Mon, Nov 291 1. Advance Agenda 2. Info Only; Department Reports (normally for the Nov 23 ineeting) December 14 2010 Formal Meeting Format 6:00 p.m. [due date Mon, Dee 61 1. Consent Agenda: Minutes, Claims, Payroll (5 minutes) 2. Motion Consideration: Allocation ofHotel/Motel Grant Proposals for 2011— Ken Thompson (15 min) 3. Motion Consideration: Mayoral Appointments (Planning Commission, etc.) (15 minutes) [*estimated meeting: minutes] December 21, 2010, Cbristmas Week (tentative, no meeting) Draft Advance Agenda 9/t6/2010 11:16:24 AM Page 2 of 3 December 28, 2010, Formal Meeting Format, 6:00 p.m. [clue date Mon, Dec 20] 1. Consent Agenda: Minutes, Claims, Payroll (5 minutes) 2. Info Only: Department Reports January 4 2011 Study Session Format 6:00 p.m. [due date Mon, Dec 271 OTHER PENDING AND /OR UPCOMING ISSUES /MEETINGS Affordable Housing Participation Alternative Analysis (contracts) Area Agency on Aging Bidding Contracts (SVMC 3. -- bidding exceptions) Capital Projects Funding Clean Air Agency Collaborative Planning Concurrency East Gateway Monument Structure # Jail Update Liquor Initiatives Milwaukee Right-of-way Overweightlover size vehicle ordinance Parking/Paving Options (Development paving options for driveways, etc.) Planned Action Ordinance Solid Waste Amended Interlocal Speed Limits Sprague Appleway Corridor Environmental Assessment Sprague Avenue: One -way vs, two -way Street Maintenance Facility Transportation Benefit District Interlocal Transportation Benefit District: (a). Establish ord.; (b) set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts Wastewater Treatment Plant WIRA, Water Protection Commitment, public education # = Awaiting action by others * � doesn't include time for public or council comments Draft Advance Agenda 9/16/2010 11:16 :24 AM Page 3 of 3