2010, 11-16 Study SessionAGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday, November 16, 2010
CITY HALL COUNCIL CHAMBERS
6:00 p.m.
11707 East Sprague Avenue, First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSION LEADER SUBJECT /ACTIVITY GOAL
ACTION ITEM
1. Micki Harnois Second Reading Proposed Ordinance Amending
Mixed Use Zoning (CTA 08 -10) [public comment]
2. Cary Driskell Second Reading Proposed Ordinance Amending
Spokane Valley Municipal Code 5.15.080 (Special
Events Permits) [public comment]
3. Inga Note Proposed Resolution Amending Speed Limits
[public comment]
NON - ACTION ITEMS
4. Neil Kersten Street Maintenance Facility Site
5. Neil Kersten Snow Removal Plan
6. Scott Kuhta Site Selector Update
7. Cary Driskell Amendment to Spokane Valley Municipal Code
2.75 (Public Records)
8. Cary Driskell Amendment to Spokane Valley Municipal Code
Appendix A (Adult Retail Establishments)
Adopt Ordinance
Adopt Ordinance
Approve Resolution
Discussion /Information
Discussion /Information
Discussion /Information
Discussion/Infonnation
Discussion /Information
9. Mayor Towey Advance Agenda Discussion /Information
10. Information Only (will not be discussed or reported): (a) Bond Counsel; (b) Department Reports
11. Mayor Towey
12. Mike Jackson
ADJOURN
Council Check in
City Manager Comments
Discussion /Information
Discussion/Infonnation
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, November 16, 2010 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Second reading proposed ordinance — Amendments to the Sprague
and Appleway Corridors Subarea Plan (SARP) as follows:
Chapter 2.0.1 (Applicability). Redefine the definition for new construction and raise the
threshold to 80% for additions, expansion or reconstruction of existing buildings to meet the
SARP regulations.
Chapter 2.1.3 (Mixed -Use Avenue District Zone). Amend Chapter 19.20.060 (Nonconforming
Uses and Structures) of the Spokane Valley Municipal Code to allow existing legally established
single - family dwellings located in any nonresidential zoning district as a permitted use.
Chapter 2.2.7 (Front Street Setback). Clarify setbacks where easements may make the
requirement infeasible.
Section 2.2.8 (Side Street Setback). Clarify setbacks where easements may make the
requirement infeasible.
Section 2.3.1.2 (Pre - located Streets). Clarify potential streets and replace maximum block size
with maximum block length requirement.
GOVERNING LEGISLATION: SVMC 19.30.040- Development Regulation Text Amendments
PREVIOUS COUNCIL ACTION TAKEN: Study Session conducted on November 2, 2010. First
reading conducted on November 9, 2010 and City Council voted 7 -0 to move the Ordinance to a
second reading.
OPTIONS:
1. Move to approve the amendments as proposed in the ordinance, with or without
modifications
2. Provide staff with further direction.
RECOMMENDED ACTION: "I move to approve Ordinance 10 -023 amending the Subarea Plan
concerning the Mixed Use Zone and also amending Chapter 19.20.060 of the Spokane Valley
Municipal Code."
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Micki Harnois, Associate Planner
ATTACHMENTS: Draft Ordinance 10- 023
CIrYHALL@5PGK;, .,.. .
SOO one Department of Community Development.
4 ; 0 il' Planning Division
C ity Council
2nd Reading of Ordinance
November 16, 2010
File # CTA -08 -10
Text Amendments to the Sprague and Appleway
Corridors Subarea Plan
F 1_ " "� "� Department of Community Development
,Lle Planning Division
T ext Amend S ummary
AMrL_ An,
❑ Redefine the definition for new construction and raise
the threshold to 80% for additions, expansion or
reconstruction of existing buildings
❑ Amend SVMC Chapter 19.20.060 to allow existing
legally established single - family dwellings located in
nonresidential zones as a permitted use
E Clarify front street setbacks where easements may
make requirement unfeasible
E Clarify side street setbacks where easements may
make requirement unfeasible
❑ Clarify potential streets and replace maximum block
size with maximum block length requirement
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10 -023
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON
AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) TITLE 19.20.060(A)
NONCONFORMING USES AND STRUCTURES: SECTIONS 2.0.1, APPLICABILITY; 2.1.3 MIXED -
USE AVENUE DISTRICT ZONE TABLE; 2.2.7 FRONT STREET SETBACKS; 2.28 SIDE STREET
SETBACKS; FIGURE 2.3.1.2 PRE - LOCATED STREETS MAP; 2.3.1 (2) AND 2.3.1 (2 & 3) STREET
STANDARDS; AND OTHER MATTERS RELATED THERETO.
WHEREAS, the Sprague and Appleway Corridors Subarea Plan was adopted on June 16 2009 and
became effective on October 15'', 2009; and
WHEREAS, these amendments are consistent with the goals and policies of the City's
Comprehensive Plan and Book 1 of the Sprague and Appleway Corridor Subarea Plan; and
WHEREAS, after reviewing the Environmental Checklists, the city issued a Determination of Non -
significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City
Hall, and mailed the DNS to all affected public agencies; and
WHEREAS, the City provided a copy of the proposed amendment to Washington State Department of
Commerce (DOC) initiating a 60 day comment period pursuant to RCW 36.70A.106; and
WHEREAS, the amended ordinance as set forth bears a substantial relation to the public health, safety
and welfare and protection of the environment, and
and
WHEREAS, on September 9, 2010, the Planning Commission reviewed the proposed amendments;
WHEREAS, the Planning Commission received information, public testimony and a staff report and
recommendation at a public hearing on October 14, 2010; and
WHEREAS, the Planning Commission deliberated on October 14, 2010; the Planning Commission
provided a recommendation, and
WHEREAS, on November 2, 2010, City Council reviewed the proposed amendments; and
WHEREAS, on November 9, 2010, City Council considered a first ordinance reading to adopt the
proposed amendment.
NOW THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW:
Section One The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book II — Section 2.0.1 Applicability Page 13 of 123, Orientation of the Sprague and Appleway Corridors
Subarea Plan
1) City Center District Zone. These regulations shall apply to:
a) New construction.
Ordinance 10 -023 Page 1 of 5
DRAFT
b) Additions greater than 20% of the building floor area.
c) Exterior Improvements ( "facelifts ") costing more than 20% of the assessed or appraised value of the
building and land. Such exterior regulations shall conform to the architectural regulations contained in Section
2.5.
2) All Other District Zones. These regulations shall apply to:
a) New construction.
b) Exterior Improvements ( "facelifts ") costing more than twenty percent (20 %) of the assessed or appraised
value of the building and land. Such exterior improvements shall conform to the architectural regulations
contained in Section 2.5.
3) New Construction. New construction is defined as an entirely new structure or the reconstruction, remodel,
rehabilitation or expansion of a building costing more than 44tt ej ty percent (I�80 %) of the assessed or
appraised value of the existing structure and land. In addition, the applicant shall comply with all the
regulations within the Subarea Plan, except those that would require moving an existing building.
Section Two: The Spokane Valley Municipal Code shall be amended as follows:
19.20.060 Nonconforming uses and structures.
A. Applicability. Legal nonconfonning uses and structures include:
1. Any use which does not conforn with the present regulations of the zoning district in which it is
located shall be deemed a nonconforming use if it was in existence and in continuous and lawful operation
prior to the adoption of these regulations;
2. Any permanent structure in existence and lawfully constructed at the time of any amendment to this
code, which by such amendment is placed in a district wherein it is not otherwise permitted and has since been
in regular and continuous use,
3. Any permanent structure lawfully used or constricted that was in existence at the time of annexation
into the City and which has since been in regular and continuous use;
4. The provisions of this chapter do not apply to strictures or uses deemed nonconforming only pursuant
to the Shoreline Management Act (Chapter 90.58 RCW) and the Spokane Valley Shoreline Master Program
(Chapter 21.50 SVMC);
5. Existing legally established single familv residential uses located in any nonresidential zoning
district shall not be deemed nonconforming and shall be permitted as a legal use.
Section Three The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Boole II — Section 2.2.7 Front Street Setback, page 40 of 123, Site Development Standards of the Sprague and
Appleway Corridors Subarea Plan.
FRONT STREET SETBACK
Front Street Setback is defined as the required distance from the back of sidewalk line along a Front Street to a
primary building fagade. This is illustrated in Figure 2.2.7 Front Street Setback.
Section 33 of Book III: City Actions are adopted as part of these development regulations. Along streets with
approved street reconfiguration plans, Front Street Setback distances shall be measured based on either 1) the
back of sidewalk location following street reconfiguration, or 2) approved City plans for street reconfiguration
that relocate the back of sidewalk.
Front Street Setback areas must be landscaped according to the principles set forth in Section 23. Street and
Open Space Regulations except where exceptions are noted within the Private Frontage Standards for a
Ordinance 10 -023 Page 2 of 5
DRAFT
particular Frontage Type or in Section 2.1.1 District Zones Regulations. Several Frontage Types' plan and
section illustrations depict the front setback dimension with an "x ". The minimum and maximum number for
that setback dimension shall be as specified in Section 2.1. District Zones Regulations.
At required setback areas, arcades, awnings, entrance porticos, porches, stoops, stairs, balconies, bay windows,
eaves, and covered entrance overhangs are permitted to encroach within the required front street setback as
shown in the frontage type illustrations. Encroachments may extend up to a maximum of six (6) feet into the
private frontage.
At zero- setback areas, building overhangs such as trellises, canopies and awnings may extend horizontally into
the public frontage up to a maximum of six (6) feet. These overhangs must provide a minimum of eight (8) feet
clear height above sidewalk grade.
In an existing easement is located in the required front street setback, the Community Development Director
has the discretion to establish a reasonable setback from the outer edize of the easement.
Section Four: The Sprague and Appleway Corridors Subarea Plan shall be amended as follows
Book II- Section 2.2.8 Side Street Setback, page 40 of 123, Site Development Standards of the Sprague and
Appleway Corridors Subarea Plan.
SIDE STREET SETBACK
Side Street Setback is defined as the required distance from the back of sidewalk line along a Side Street to a
primary building fagade. This is illustrated in Figure 2.2.8 Side Street Setback.
Side Street Setback areas must be landscaped according to the principles set forth in Section 23. Street and
Open Space Regulations except where exceptions are noted within the Private Frontage Standards for a
particular Frontage Type or in Section 2.1.1 District Zones Regulations. Several Frontage Types' plan and
section illustrations depict the setback dimension with an "x ". The minimum and maximum value for that
setback dimension shall be as specified in Section 2.1. District Zones Regulations.
In an existing easement is located in the required side street setback, the Community Development Director
has the discretion to establish a reasonable setback from the outer edge of the easement.
Section Five The Sprague and Appleway Corridors Subarea Plan section 2.2.2.1(e) shall be amended as
follows:
Book II- Figure 2.3.1.2 Pre - Located Streets Map, Page 43 of 123, Street and Open Space Regulations of the
Sprague and Appleway Corridors Subarea Plan as depicted in Exhibit A attached hereto.
Section Six:
Book lI- Section 2.3.1.2 Pre - Located Streets, Page 43 of 123, Street and Open Space Regulations of the
Sprague and Appleway Corridors Subarea Plan.
The pre - located street map (see Figure 2.3.1.2) above) shows preferred alignments for future streets within the
corridor.
The pre - located street map (see Figure 23.1.2) above) shows potential alignments for future streets
within the corridor. It is desirable to have additional access points into new development. The exact location
of new streets will be determined at the time of development.
Wea4e -d show en the pFe laeated street map The new street alignments are also considered future acquisition
areas. To ensure that new streets can be constructed in the future, buildings may not be constructed on a pre-
Ordinance 10 -023 Page 3 of 5
DRAFT
located street and buildings must be set back the minimum distance shown on the district zone charts located in
Section 2.1. The street or future alignment may be relocated at the discretion of the Community Development
Director/Designee if the applicant can show that the proposed new configuration satisfies the same traffic
requirements and establishes an equivalent interconnected street network.
3) MAXIMUM BLOCK LENGTH
■-
•
IN
In He ease do alle�-s er- passrwes b b Week
passa size, alle�,-s and
The maximum intersection spacing for local access streets is six hundred sixty (660) feet per Table 7.5
(Chapter 7 Street Elements) of the City of Spokane Valley Street Standards adopted December, 2009.
Section Seven The Sprague and Appleway Corridors Subarea Plan shall be amended as follows:
Book lI, Section 2. 1. Mixed -Use Avenue District Zone, page 22 of 123, Table 2.2. Site Development
Standards of the Sprague and Appleway Corridors Subarea Plan as depicted in Exhibit B attached hereto.
Section Eight All other provisions of the Spokane Valley Municipal Code and the Sprague and Appleway
Corridors Subarea Plan not specifically referenced hereto shall remain in full force and effect.
Section Nine Severability. If any section, sentence, clause or phrases of this Ordinance should be held to be
invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not
affect the validity or constitutionality of any other section, clause or phrase of this Ordinance.
Section Ten Effective Date. This ordinance shall be in full force and effect five (5) days after the publication
of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law.
Passed by the City Council this day of 1 2010.
ATTEST:
City Clerk, Christine Bainbridge
Mayor, Thomas E. Towey
Ordinance 10 -023 Page 4 of 5
DRAFT
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 10 -023 Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Second Reading Proposed Ordinance amending SVMC 5.15.080
GOVERNING LEGISLATION: SVMC 5.15.080(J)
PREVIOUS COUNCIL ACTION TAKEN: Adoption of Spokane Valley Municipal Code 5.15.080
establishing procedures for Special Event Permits; first reading November 9, 2010.
BACKGROUND: In 2008, SVMC 5.15.080 was adopted which, among other things, established
conditions for issuance of a Special Event Permit where participants would be seeking
charitable solicitations in City -owned rights -of -way. One of the conditions of issuance was that
there be
"sufficient documentation to demonstrate that all persons who will be entering the
roadway in any manner related to the event have successfully completed the Spokane
County Incident Traffic Control Program or its equivalent and that certification is current."
SVMC 5.15.080(J). At the time of passage of SVMC 5.15., City staff misunderstood the public
availability of the Spokane County Incident Traffic Control Program. Staff has recently learned
that this training is generally limited to volunteers of the Sheriff Community Oriented Policing
Effort (SCOPE). Fire District One has taken the training materials from the SCOPE training and
has adapted them for purposes of internal training. Neither the SCOPE training nor Fire District
One's training is open to the public.
Staff recommends that SVMC 5.15.080(J) be amended to specifically list the Washington
Department of Transportation Flagger Certification as satisfying the safety training requirement.
Such an amendment will give effect to Council's original intent in adopting Spokane Valley
Municipal Code 5.15, which was to allow citizens the ability to apply for Special Event Permits
where the activity includes charitable solicitation in the rights -of -way. It also ensures that those
soliciting in City -owned rights -of -way receive adequate traffic flow and safety training to further
the City's fundamental interest in traffic flow and safety.
A Council member asked about cost and duration of flagger training: 8 to 8.5 hours and $50 or
$60, depending on the provider.
OPTIONS: 1) motion to adopt ordinance amending SVMC 5.15.080; 2) Request that additional
changes be made to proposed ordinance.
RECOMMENDED ACTION OR MOTION: I move that we adopt the proposed Ordinance
amending SVMC 5.15.080 relating to safety training for special events permits.
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Cary P. Driskell, Acting City Attorney
ATTACHMENTS: Ordinance amending SVMC 5.15.080
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10 -024
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE (SVMC) 5.15.080
REGULATING TO THE ISSUANCE OF SPECIAL EVENT PERMITS, AND OTHER
MATTERS RELATED THERETO.
WHEREAS, the City Council recognizes, as evidenced by its prior adoption of SVMC 8.25.025
Solicitation from Vehicle Occupants Prohibited, SVMC Chapter 5.15 Special Events, and the Model
Traffic Ordinance, that there are inherent traffic flow and safety risks associated with pedestrian- vehicle
interaction; and
WHEREAS, the City has a fundamental interest in traffic flow and safety; and
WHEREAS, the City's fundamental interest in traffic flow and safety is furthered when special
event participants seeking contributions in the rights -of -way receive traffic flow and safety training; and
WHEREAS, SVMC Chapter 5.15 allows, if certain conditions related to traffic flow and safety
are met, issuance of special event permits where participants seek contributions in City rights -of -way; and
WHEREAS, one such condition related to traffic flow and safety is successful completion of the
Spokane County Incident Traffic Control Program or its equivalent, and
WHEREAS, the City Council recognizes Washington State Department of Transportation
Flagger Certification as equivalent to the Spokane County Incident Traffic Control Program for the
purposes of SVMC 5.15.080(J).
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to clarify that, for purposes of SVMC
5.15.080(J), Washington State Department of Transportation Flagger Certification is equivalent to the
Spokane County Incident Traffic Control Program.
Section 2. Amending Spokane Valley Municipal Code Chapter 5.15.080. Spokane Valley
Municipal Code Section 5.15.080 is amended as follows:
5.15.080 Permit — Issuance standards.
The parks and recreation director shall not issue a special event permit if
A. The time, route, or size of the event will unreasonably disrupt the movement of traffic along
streets,
B. The size or nature of the event requires supervision by a significant number of police officers that
causes unreasonable expense or diversion of police duties;
C. The applicant has failed to remit all fees, documents, or proof of bonds
Ordinance 10 -024 (SVMC 5.15) Page 1 of 3
DRAFT
D. The applicant has failed to conduct a previously authorized special event in accordance with law or
the terms of a pen or both;
E. The police department or City traffic engineer fails to sign the permit due to traffic or other safety
concerns;
F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or
facilities;
G. The applicant has not provided sufficient off -site parking or shuttle service, or both, when required
to minimize substantial adverse impacts on general parking and traffic circulation caused by the
event;
H. The special event will substantially interfere with any other special event for which a pen has
already been granted or with the provision of City services in support of other scheduled special
events or governmental functions,
I. The special event would block traffic lanes or close streets during peak commuter hours on
weekdays between 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. on streets designated as arterials
by the City's public works department;
Any of Tthe following provisions for charitable solicitation in the rights -of -way occur:
1. The applicant or organization represented by the applicant has been granted a special event
permit by the City to engage in charitable solicitation in the City rights -of -way within the
preceding 12 months;. -
2. The applicant has failedg to provide sufficient documentation to demonstrate that all persons
who will be entering the roadway in any manner related to the event have successfully completed
the Spokane County Incident Traffic Control Program or its equivalent including Washington
State Department of Transportation Flagger Certification, and that certification is current or-
3. The applicant has failedfi to provide sufficient documentation to demonstrate that all persons
who will be entering into the roadway in any manner related to the event are at least 18 _years of
age on the day of the event.
Section 3 Remainder of SVMC 5.15 Unchanged The remaining provisions of SVMC 5.15
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.
Ordinance 10 -024 (SVMC 5.15) Page 2 of 3
DRAFT
Adopted this day of 1 2010
City of Spokane Valley
Thomas E. Towey, Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
Ordinance 10 -024 (SVMC 5.15) Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16 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 Amending Speed Limits
(Revised Speed Limit Code)
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Informational memo on 11/9/10
BACKGROUND:
Changes to School Speed Zones
The City has received two requests to establish new 20 mph school zones from the Central
Valley School District. City staff has completed the engineering analysis of these two locations
and recommends them for a 20 mph zone based on Washington Administrative Code (WAC)
468 -95 -330.
Applicable to state highways, county roads, or city streets, the reduced school or
playground speed zone shall extend for 300 feet in either direction from the marked
crosswalk when the marked crosswalk is fully posted with standard school speed limit
signs or standard playground speed limit signs. Applicable to county roads or city
streets, the school or playground speed zone may extend up to 300 feet from the border
of the school or playground property when fully posted with standard school speed limit
signs or standard playground speed limit signs. However, the speed zone may only
include the area consistent with active school or playground use.
School Request #1 — Alki Avenue - Install a 20 mph school zone on Alki Avenue for North
Pines Middle School. Numerous students cross Alki Avenue to walk south on Pines or are
picked up /dropped off on the south side of the road. In addition, students walk to and from
school along gravel shoulder on Alki Avenue. Since this section of Alki Avenue has numerous
children walking along and crossing the street at random locations, installing a 20 mph school
zone will help enhance safety by reducing the speed limit and alerting drivers that it is an area
where children might be present. The proposed zone would be located on Alki Avenue and be
from 400 feet west of Pines Rd, which is near the end of the parking lot, to Pines Rd.
School Request #2 — Pines Road - Install a second 20 mph school zone on Pines Road for
South Pines Elementary School. The school currently has a 20 zone with flashing beacons
located between 22n and 24 Avenues. But a second school crosswalk exists up the hill at
19 This crosswalk was never signed as a school crosswalk, but it is part of the school's walk
route and this appears to be the only reason to have a marked crosswalk at that location. We
are proposing to establish a 20 mph zone with 300 feet on each side of the crosswalk. The 20
zone would extend approximately between 18 and 20 Avenues. This location would be
signed with "when children are present ". Having two school zones that close together is not
ideal. However, we expect it to be a short term solution. Public Works recently applied for
Congestion Management and Air Quality grant funding to install sidewalk on the east side of
Pines to complete the gap between 16 and 23r This would provide a safe walk route down to
the manned crosswalk at 24 and eliminate the need for the crosswalk and 20 zone at 19
Based on the initial scoring, the City is likely to receive funding for this project.
Changes to Arterial Speed Limits
Modifications to arterial speed limits are based on the Washington Administrative Code section
468 -95 -045.
Standard: Speed Limits (R2 -1) signs shall display the speed limit established by statute;
or, by an ordinance or regulation adopted by the authorized agency, based on the
engineering study or traffic investigation required by RCW 46.61.405 46.61.410 and
46.61.415 The speed limit shall be set in multiples of 10 km /h or 5 mph.
Guidance: Authorized agencies should reevaluate speed limits on segments of their
roadways that have undergone a significant change in roadway characteristics or
surrounding land use since the last review.
No more than three speed limits should be posted on any one Speed Limit sign or
assembly. When evaluating speed limits, the following factors should be considered:
A. The 85th percentile speed of vehicles traveling on the road;
B. Road characteristics, shoulder condition, grade, alignment, and sight distance;
C. The pace speed;
D. Roadside development and environment;
E. Parking practices and pedestrian activity, -
F. Reported crash experience for at least a 12 month period; and
G. Other factors such as route development or comprehensive plans.
Arterial Request #1 — Mansfield Avenue - Public Works has received numerous requests
from citizens to raise the speed limit on the newly widened portion of Mansfield Avenue between
the roundabout and Pines Road. It is currently posted at 25 mph, while Mansfield- Montgomery
to the west is posted at 30 or 35 mph. The speed studies completed in 2009 on Mansfield
Avenue showed an 85 percentile speed of 35.1 mph. A 35 mph speed limit would match with
the 85 percentile speed and also be consistent with Montgomery Avenue west of the
roundabout and the design speed for the future extension east of Pines Road to Mirabeau
Parkway.
OPTIONS: Please let us know if you have questions or would like additional information.
RECOMMENDED ACTION OR MOTION: "I move to approve Resolution 10 -018 establishing
the school speed zones and modifying the arterial speed limit."
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer
ATTACHMENTS: Draft Resolution
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 10 -018
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ESTABLISHING TWO NEW SCHOOL SPEED ZONES; REVISING
AN ARTERIAL SPEED LIMIT PURSUANT TO SPOKANE VALLEY MUNICIPAL
CODE CHAPTER 9.05.030; AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City Council from time to time may lower the speed limit in response to
increased traffic in and around school property; and
WHEREAS, the City Council from time to time may modify arterial speed limits to better reflect
changing traffic conditions and roadway characteristics; and
WHEREAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which,
in part, provides that the maximum speed limits for streets can be established by ordinance or resolution;
and
WHEREAS, the City Council has authority under SVMC 9.05.030 to change speed limits,
provided that such alternation shall be made on the basis of an engineering and traffic investigation, be
reasonable and safe, and in the interest of the health, safety and welfare of the citizens of this City; and
WHEREAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which,
in part, provides that the City of Spokane Valley may amend or adopt such school speed zones as
necessary and may designate school speed zones with any of the signage options pursuant to WAC 392-
151 -035 as adopted or amended; and.
WHEREAS, these changes will be listed in the Master Speed Limit Code adopted by the City.
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1 Establishing New School Speed Zone: The following City road sections shall be
designated as a school speed zone:
• Alki Avenue from 400 feet west of Pines Road to Pines Road.
• Pines Road from 18 " Avenue to 20' Avenue.
Section 2. Modifying an Arterial Speed Limit: The speed limit on the following City
section shall be increased from 25 mph to 35 mph:
• Mansfield Avenue from Montgomery Avenue to Pines Road.
Section 4. Severability If any section, subsection, sentence or clause of this Resolution is
for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of
this Resolution.
Resolution 10 -018 Establishing two school zones and an arterial speed limit Page 1 of 2
DRAFT
Section 5 . Effective Date This Resolution shall be effective upon adoption.
Adopted this 16 day of November, 2010.
City of Spokane Valley
Mayor Thomas E. Towey
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Resolution 10 -018 Establishing two school zones and an arterial speed limit Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Street Maintenance Facility — Site Selection
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: On May 18 Council requested that we look at other available properties in
addition to the current site. Council approved the following program requirements below:
SITE: 1.5 to 3 acres.
FACILITIES: Shop — 3 bay maintenance shop with 1 additional bay for storage and 1
additional bay for truck washing. Typical bays would be 20'x40'. Construction
would allow full maintenance, repair and cleaning of trucks and equipment.
Dispatch Office — Minimum size of 1,200 S.F. Would include restrooms, lockers,
showers, dispatch /break room for up to 20 people and one 12'x12' office and
open office area for 3 technicians.
Deicer Storage Area — 50'x50' cover concrete area
Mixed Sand /Deicer Storage Area - 50'x50' cover concrete area
ZONING: Preferably Light or Heavy Industrial or Replacing a Similar Type Non - Conforming
Use.
LOCATION: Prefer central city location with easy access to major arterials.
The above information was sent to all realtors in Spokane Valley. Attached is a list of properties
that were received. In addition to the current street maintenance site, the parcel at 17711 E.
Euclid meets most of the requirements with the exception of the location. This parcel is at the
far northeast side of the City. The other additional issue with this site is that it is not on the
County sewer system and sewer connection is not available or planned on Euclid.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
Attachments: List of Properties
I Real Estate Group L.L.C.
'RODUCING PROPERTY SOLUTIONS
01 W. Cataldo Ave.. Suite 210
Spokane, Nv A 99201
Office For Sale
Sale Price:
$667,600.00
Improvements:
Total Bldg: 4,000 + / -sf
General Information
Site Size: 72,800 + / -sf
Tax Parcel #: 45211.0131, 0132,
Zoning:
2009 Taxes
0133, 0134
C
$7,724.13
For More Information Contact:
Doug Byrd
Byrd Real Estate Group, LLC
Dir (509) 789 -4303 * Cell (509) 216 -6575
(509) 326 -8080 * Fax (509) 326 -3685
Doug@byrdrealestategroup.com
All information is furnished by the Owner Wor Broker and believed to be complete and correct The Owner Wor Broker, however, cannot be responsible for changes, errors, omissions or
withdrawals of this offering The above information is from sources deemed reliable but should be verified by parties that could be adversely affected by any statements or information.
This is not an offering of sub - agency, with commission splits to be determined.
A ^1 ^^ T 1 i r 1 T7 11 tT7
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Snow Plowing /Deicing Level of Service
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: Attached is an updated Level of Service Plan.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
ATTACHMENTS Level of Service Plan, Presentation
Snow Plowing /Deicing Level of Service
Priorities
• Priority 1 — Primary Arterials
• Priority 2 — Secondary Arterials
• Priority 3 — Hillside Residentials
• Priority 4 —Valley Floor Residentials
Snow Plowing - Priorities 1, 2 & 3
• Limited operations for snow events ranging from 1 to 3 inches
• Plowing performed as conditions warrant, focuses on problem areas and hillsides
• Coordination occurs with Police Department on accident & problem areas
• Full plowing activities for snow events exceeding a depth of 4 inches
Snow Plowing — Priority 4
• Residential streets on the Valley floor will be considered for plowing when functional traffic flow
is substantially inhibited.
Deicing - Priorities 1, 2 & 3
• Liouid deicine activities begin Drior to snow. ice or frost Dredictions
• Liouid deicine is conducted on bridees. arterial intersections and hillsides
• When snow begins to accumulate on the roadway solid granular deicer is use on bridges, arterial
intersections and hillsides
+tier„ ' 15 SRE)W aGGH 1 2 . A „�atier R t h e r -„d,. ay
• Granular deicer may be used on arterial streets as conditions warrant
h °,'T , , mss
Deicing — Priority 4
• Deicing and sanding will not be conducted on residential streets on the Valley floor except at
controlled intersections & selected problem areas
Snow Plowing &Deicing
Level of Service
16, 2010
Page 1 Snow Level of Service 11/16/2010
General Information
• City's Superintendent monitors weather
reports &directs crew activities
• Utilize WSDOT /Northwest Weathernet
for weather forcasts
• The City Shop is located at 11804 E. 1st
Av. South, just across the street from
City Hall south of the Post Office
Page 2 Snow Level of Service 11/16/2010
Crew and Equipment
• Crews available in shifts for 24 hour coverage
• 3 City Driver /Operators
• 16 Contract Driver Operators
• 5 Plow /Sander trucks
3 Plow /Deicer trucks
• 2 Graders with side wings
Page 3 Snow Level of Service 11/16/2010
Additional Crew and Equipment
Extreme Weather
• Additional contract personnel and
equipment are available for extreme
weather conditions
• Typically used when Priority 4
residential streets require plowing
Page 4 Snow Level of Service 11/16/2010
Snow Plowing /Deicing - Priorities
• Priority 1 — Primary Arterials
• Priority 2 — Secondary Arterials
• Priority 3 — Hillside Residentials
• Priority 4 — Valley Floor Residentials
Page 5 Snow Level of Service 11/16/2010
Snow Plowing - Priorities 1, 2 & 3
• Limited operations for snow events ranging
from 1 to 3 inches
• Plowing performed as conditions warrant,
focuses on problem areas and hillsides
Coordination occurs with Police Department
on accident &problem areas
Full plowing activities for snow events
exceeding a depth of 4 inches
Page 6 Snow Level of Service 11/16/2010
Snow Plowing — Priority 4
Residential streets on the Valley floor
will be considered for plowing when
functional traffic flow is substantially
inhibited
Page 7 Snow Level of Service 11/16/2010
Deicing- Priorities 1, 2 & 3
• Liquid deicing activities begin prior to snow,
ice or frost predictions
• Liquid deicing is conducted on bridges,
arterial intersections and hillsides
• When snow begins to accumulate on the
roadway solid granular deicer is use on
bridges, arterial intersections and hillsides
• Granular deicer may be used on arterial
streets as conditions warrant
Page 8 Snow Level of Service 11/16/2010
Deicing— Priority 4
Deicing will not be conducted on
residential streets on the Valley floor
except at controlled intersections &
selected problem areas
Page 9 Snow Level of Service 11/16/2010
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Page 11
Snow Level of Service
11/16/2010
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Spokane Regional Site Selector Presentation
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: City Council provided funding for the Site Selector
web site in 2010.
BACKGROUND: The Spokane Regional Site Selector web site is an economic
development tool that provides a wealth of information for anyone interested in researching
commercial property for sale or lease in the Spokane region. The web site allows users to
view property listings, generate economic and census reports, provides data on competitive
businesses and includes interactive maps that display geographic information such as the
location of streets, water bodies, zoning, special districts, parks and other points of interest.
In the fall of 2007, Spokane Valley signed an agreement to participate as a member of the
Spokane Regional Site Selector Consortium, which includes Spokane County, the City of
Spokane, Liberty Lake, Avista and Greater Spokane Inc. The agreement, which
automatically renews annually, was updated in 2009.
The Site Selector agreement sets forth the responsibilities of the Consortium members and
establishes the financial commitment of each member. It specifies that members are either
"public" or "private" entities. In order to host land management information on the Site
Selector web site the agreement states that "an agency must be a member of the
Consortium." WSU Spokane administers the Consortium agreement and a contract with
GIS Planning, the contractor responsible for the Site Selector web site.
Attached is a presentation that will further explain the purpose of Spokane Regional Site
Selector, how it is used, who uses it and future upgrades to the site.
OPTIONS: N/A
RECOMMENDED ACTION OR MOTION: N/A
BUDGET /FINANCIAL IMPACTS: Spokane Valley's contribution to the Site Selector program is
just under $10,000 per year for 2010 and 2011.
STAFF CONTACT: Scott Kuhta, Planning Manager
Presenters:
,Scott Kuhta, AICP
Planning Manager
City of Spokane Valley Spokane, WA
11707 E. Sprague Ave, Suite 106
(509) 720 -5334
skuhta@spo kaneval ley.org
Robin To th
Acting VP, Economic Development
Greater Spokane Incorporated
801 West Riverside, Suite 100
Spokane, WA 99201
(509) 321 -3636
rtoth@qreaterspokane.org
Spokane Regional Site Selector
City Council Presentation
November 16, 2010
Site Selector Topics
• What is Spokane Regional Site Selector?
• Spokane Regional Site Selector Users
• Site Selector Funding Partners
• Site Selector Budget
• Other Web Sites for Commercial Real Estate Listings
— Washington State Site —
choosewashington .com /washingtonprospector.com
— GIS Planning's National Site —Zoom Prospector
• Where do we go from here?
• Questions /Summary
What is the Spokane Regional Site Selector?
The Spokane Regional Site Selector project is a GIS based
website which allows citizens and businesses access to
available commercial properties, business locations, land
based GIS information, demographic and market information.
What information is available on
Spokane Regional Site Selector?
• Commercial Real Estate Brokers provide property listings.
• Market and Demographic Data
• Zoning, Aerial Photos, Special Purpose Districts
• Economic Development Districts (TIES, Enterprise Zones)
Who Uses Spokane Regional Site Selector?
• National Site Selector Companies
• Local Realtors
• Economic Development Professionals
• Individuals looking to purchase /lease commercial
property
• Demographic /Market Researchers
✓ Government Agencies
✓ Students
✓ Public /Private Sector Grant Writers
Spokane Regional Site Selector Consortium Members
Administrator
Washington State University Design Assistance and
Outreach Center
Funding Members
City of Spokane
City of Spokane Valley
City of liberty lake
Spokane County
Avista Corporation
Greater Spokane Inc.
Real Estate Data Providers
Spokane Area Commercial Real Estate Brokers
Site Selector Participant Shares
Year One through Year Three
Site Selector Participant
Spokane County
Liberty Lake
City of Spokane
City of Spokane Valley
subtotal
OFM 2005
Population
Estimates
121,848.0
5,255.0
198,700.0
85,010.0
410,813.0
of Site
Selector
Participant
Population
29.66%
1.28%
48.37%
20.69%
100.00%
Year One
Site Selector
Participant
Contribution
29,336.32
1,265.20
47,839.34
20,467.15
Year Two
Site Selector
Participant
Contribution
25,166.99
1,085.39
41,040.31
G 17,558.31
851
Year Three
Site Selector
Participant
Contribution
25,166.99
1
41 040.31
17,558.31
1.00
Private Sector Contribution* 10 000.00 10 000.00 10 000.00
Total Site Selector Bud et 108 908.01 94 851.00 94 851.00
Spokane Regional Site
Selector Consortium Budget
2010-2011
Site Selector Participant
OFM 2010
Population
Estimates
of Site
Selector
Participant
Population
2010
SiteSelector
Participant
Contribution
2011
SiteSelector
Participant
Contribution
Spokane County
137 712.00
31.13%
15 225.01
15 225.01
Liberty Lake
7
1.72%
842.44
842.44
City of Spokane
206 900.00
46.76%
22 874.22
22 874.22
City of Spokane Valley
90 210.00
20.39%
9,973.33
9,973.33
subtotals
442 442.00
100.00%
$48,915.00
$48,915.00
Credit
12 500.00
12 500.00
Private Sector Contribution*
7
7
Total Site Selector Bud et
68 915.00
68 915.00
Spokane Regional Site Selector Consortium Budget
Spokane Regional Site Selector
Year I
Year2
Year 3
Year 4+
TECHNOLGY IMPLEMENTATION
Vendor Hosting Spokane County Area
Year Three
Revised
year Four+
Hosting Startup
$9,000.00
$0.00
$0.00
$0.00
Hosting Monthly Fee * 12: Increases with more partners, includes software
(IMS and Zoom Prospector), 24/7 High Bandwidth Servers, tech support,
data and software updates, implementation plan. See Note 1.
$27,600.00
$27,600.00
$32,900.00
$32,900.00
Find -a- Business Startup (Claritas Business Data)
$3,000.00
Claritas Business Data Monthly * 12
$6,000.00
$6,000.00
$6,000.00
$6,000.00
AGS Demographic Data - Spokane County
$5,000.00
$5,000.00
$5,000.00
$5,000.00
Business & Demographic Data Viewing Rights - Kootenai County
$5,750.00
TECHNOLOGY SUBTOTAL
$50,600.00
$38,600.00
$43,900.00
$49,650.00
LOCAL ADMINISTRATIVE SUPPORT
CBA Data @ $250 /month
$3,000.00
$3,000.00
Support Staff Functions: 1. RE Data Maintenance /verification; 2) Interfacewith
RealtorsandDM's; and serve as projectpoint of contact; 3)Manage Financial aspects; 4)
Manage Portal Web Page and links. See Note 2.
$24,415.00
$25,635.75
$11,784.50
$7,000.00
Communications and Marketing
$5,000.00
$5,000.00
$5,000.00
$1,500.00
Office Supplies & Travel
$5,992.28
$5,992.43
$5,992.43
$1,000.00
Support Equipment. See Note 3.
$3,000.00
$1,000.00
$1,000.00
$500.00
ADMINSUBTOTAL
$38,407.28
$37,628.18
$26,77693
$13,000.00
Contingency & IDI SvcCtr F&A 10%
$8,900.73
$7,622.82
$7,067.69
$6265.00
TOTAL
$97,908.01
$83,851.00
$77,744.62
$68,915.00
Changes in Site Selection
Source: "The Internet Has Changed the Dynamics of Site Selection" by Bob Ady, May 2006
8 -9 Years Ago
Now
Length of typical search
6+ months
4 - 8 weeks
One or two dozen
Hundreds of
Scope of initial screening
p g
communities
communities
Percentage done remotely
40% remote
80% remote
.
vs.
vs.
versus in- person
60% in- person
20% in- person
Website/
Y tool for learning bout communities
g
Personal visit
Internet
Source: "The Internet Has Changed the Dynamics of Site Selection" by Bob Ady, May 2006
"Ninety percent of anything would be considered a pretty
good percentage. In site searches, 90 percent equals the
percentage of data collection that site selectors complete
before they pick up the phone and call an organization to
delve deeper into a community, region or state."
ED Solutions, Inc. a firm that works with economic
development organizations, including work on enhancing
and developing their Web sites.
Site Selector Facts
• Select Spokane averages about 400 sessions per month, about 50% of
those are unique (first time to the site) with viewing about 7 pages per
visit.
• The site has had over a half million hits in its 3 year history.
• Nearly 20,000 downloaded demographic and business analytics reports,
emailed information (second party communication)
• Can track origin location of query (city, state, international).
✓ Recent visits include Virginia, New York, Hungary, Ukraine, Bulgaria
• Realtors removing a property from the site provide a reason (sale, lease,
no longer have listing, or other).
✓ From 2008 — Oct of 2010 SelectSpokane shows 67 properties sold or
leased.
Search by Property Type 6 Size
Pr-peaty Type:
Off— Building
Industrial 13uildmg.
yyerehousa Building
Land
M ru— Size:
Maximum Size:
Units: Square Feat
Properties for Sale
r Proprties fcr Lease
M•ems
Aaoti n
Benton
Chelan
Clellam
H.ld Control key to select multiple counties
Address +Street Name (Optional):
Se F— P—ties
Flotioe artd 0isclaimec
Material on th is website is prote ved by
copyright and trademark laxs. The information
—tai ned in this web site m linked sites is
pnovidad on an "as is" basis. We make no
guarantee ar representation about the aacura. i
a completeness of the i n fcrm.ation, and
disdaim a1I waaanties, express ar implied,
inducing but not limited to- waoanties of
merchantability, fitness for a parti cat Im p urpose
and non- infring ament. We are not responsible
fm any damages arising from the use of
i nfarmaticn cn this site. It b your responsibi I ity
to independently investigate the infamationl
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For Sale: yes
City:.Spokane
Fm Lease: no
County: Spokane
Zip—de: 99206
3808 M SULLIVAN R➢ Sf- -IKAIAE
industrial 12,1100 to 12,000 Sqft
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Building 18
For Sale no
City: SPOKANE VALLEY
Far Lease: yes
Sirir[ItY..'.NNJFArW-
10 Spokane Area Real Estate Listings
www.washingtonprospector.com
www.zoom prospector.com
a ZoomProspector - Search available commercial and ind...
;�?@- FmProspector OAbaut ONews OPartners OFAQ OContaet
Pronwite Your Community
Every business decides whereto locate. 2oomProspectorfinds the right location for your company to grow and succeed.
4 Find Communities I Find Properties I Advanced Site Selection Experts Economic Developers jP
The properties mapped and listed below match your search! Click on a propeltyto leam more. For advanced search options, goto the
advanced search page.
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Where do we go from here?
9 Realtor Participation!!
9 Update to Web Site — Goole based
Questions/ Suggestions
Contact Information
Scott Kuhta
AICP, Planning Manager
City of Spokane Valley Spokane, WA
11707 E. Sprague Ave, Suite 106
(509) 688 -0049
skuhta(D-spokanevalley. orq
Robin Toth, Director, Business Development
Greater Spokane Incorporated
801 West Riverside, Suite 100
Spokane, WA 99201
rtoth(ab-g reaterspokane. orq
509.321.3636
Ian Von Essen
Spokane County GIS Manager
815 N. Jefferson St.
Spokane, WA 99260
ivonessenCaD-spokanecounty.orq
Phone: (509) 477 -6344
Kerry Brooks , Ph.D., Facilitator
Director GIS and Simulation Laboratory
Interdisciplinary Design Institute Washington
State University
Phase One Building, Room 375
PO Box 1495
Spokane WA 99210 -1495
509.358.7911
kerrybrooks(ci_wsu.edu
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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 Ordinance amending SVMC 2.75 — Public Records
GOVERNING LEGISLATION: SVMC 2.75; RCW 42.56; WAC 44 -14
PREVIOUS COUNCIL ACTION TAKEN: Adoption of SVMC 2.75 in 2007
BACKGROUND: The City adopted SVMC 2.75 in 2007 to closely mirror the Public Record
Model Rules contained in Washington Administrative Code (WAC) 44 -14. In 2010, the
Legislature amended RCW 42.56.090 to allow local jurisdictions to provide an internet address
and link on the agency's web site to the specific records requested as required by RCW
42.56.520 Staff recommends adopting this provision in City Code as a way of allowing the
citizens easier and quicker access to public records, while at the same time reducing the
administrative time required by sending such documents via regular mail.. As a note, should the
requestor notify us that they cannot access the records through the internet, then we would of
course provide the records through the normal public record process.
In the process of making these proposed changes, staff found several other areas that the
Council may want to consider amending. Staff noted that when SVMC 2.75 was originally
adopted, it included fees related to producing public records directly in the Code text. This is
atypical, as fees are generally not included in ordinance but rather are placed in the city's
Master Fee Schedule, which is adopted by resolution, and this draft Ordinance reflects removal
of the fees, which will be placed in the Master Fee Schedule, slated for adoption consideration
by council at the December 7 meeting.
OPTIONS: place on future agenda for a first reading; request additional changes; do nothing
RECOMMENDED ACTION OR MOTION: Consensus to put on future agenda for first reading.
BUDGET /FINANCIAL IMPACTS: Anticipated to reduce administrative time in responding to
record requests, but it is difficult to quantify such savings.
STAFF CONTACT: Cary Driskell, Acting City Attorney; Chris Bainbridge, City Clerk
ATTACHMENTS: Proposed ordinance amending SVMC 2.75 — Public Records
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 2.75.010 RELATING
TO AUTHORITY AND PURPOSE, 2.75.020 RELATING TO THE CITY PUBLIC RECORD
OFFICER, 2.75.040 RELATING TO PROCESSING RECORD REQUESTS, 2.75.070 RELATING
TO COSTS OF PRODUCING RECORDS, AND OTHER MATTERS RELATED THERETO.
WHEREAS, the City previously adopted Spokane Valley Municipal Code (SVMC) 2.75 relating
to requests for public records, consistent with Revised Code of Washington (RCW) 42.56 and
Washington Administrative Code (WAC) 44 -14; and
WHEREAS, in 2010, the Legislature amended portions of RCW 42.56 relating to how cities may
respond to record requests in relation to accessing public records online; and
WHEREAS, the City is in need of updating the phone number of the City's Public Records
Officer; and
WHEREAS, other provisions in SVMC 2.75 need to be amended in the event the City wishes to
recover the costs of providing records more accurately.
NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend City Code provisions relating to
requests for public records and responses thereto by the City.
Section 2. Amending Spokane Valley Municipal Code Section 2.75.010. Spokane Valley
Municipal Code 2.75.010 is amended as follows:
2.75.010 Authority and purpose — Compliance with Public Records Act, Chapter 42.56 RCW
A. RCW 42.56.070(1) requires each city to make available for inspection and copying nonexempt
"public records" in accordance with published rules. The act defines "public record" to include any
"writing containing information relating to the conduct of government or the performance of any
governmental or proprietary function prepared, owned, used, or retained" by the city regardless of
ph3Tsical form or characteristics RCW 42.56.070(2) requires each city to set forth "for informational
purposes" every law, in addition to the Public Records Act, that exempts or prohibits the disclosure of
public records held by that city.
B. The purpose of this chapter is to establish the procedures the City will follow in order to provide
full access to public records. These rules provide infonmation to persons wishing to request access to
public records of the City, and establish processes for requestors and City staff that are designed to
best assist members of the public in obtaining such access.
C. The purpose of the Public Records Act is to provide the public full access to information
concerning the conduct of government, mindful of individuals' privacy rights and the desirability of
the efficient administration of government. The Act and this chapter will be interpreted in favor of
Ordinance 10-* Amending SMVC 2.75 Page 1 of 5
DRAFT
disclosure. In carrying out its responsibilities under the Act, the City will be guided by the provisions
of the Act describing its purposes and interpretation.
Section 3. Amending Spokane Valley Municipal Code Section 2.75.020. Spokane Valley
Municipal Code 2.75.020 is amended as follows:
2.75.020 City description - Contact information - Public records officer.
A. The City is a noncharter code city governed by the provisions of Chapter 35A.13 RCW. The City's
central office is located at 11707 E. Sprague Ave., Spokane Valley, WA 99206. The City also has
offices at CenterPlace located at 2426 N. Discovery Place, Spokane Valley, WA 99216, the Public
Works Maintenance Shop located at 10804 East First Avenue, Spokane Valley, WA 99206, and the
Spokane Valley Precinct located at 12710 E. Sprague Ave., Spokane Valley, WA 99216.
B. Any person wishing to request access to public records of the City or seeking assistance in making
such a request should contact the public records officer of the City:
City Clerk
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Phone: 720 - 5102699 -9477
Fax: 688-0194
7" f-� c asn r ge cr;spo kanev ev.or,g
Information is also available at the City's web site at http: / /www.spokanevallev.org
C. The public records officer will oversee compliance with the Act but another City staff member
may process the request. Therefore, these rules will refer to the public records officer "or designee."
The public records officer e . e and the City will provide requestors the "fullest assistance" as
set forth in SVMC 2.75.040; will ensure that public records are protected from damage
or disorganization; and will strive to prevent the fulfilling of public records requests from causing
excessive interference with essential functions of the Citv.
Section 4. Amending Spokane Valley Municipal Code Section 2.75.040. Spokane Valley
Municipal Code 2.75.040 is amended as follows:
2.75.040 Processing of public records - General.
A. Providing "Fullest Assistance." The City is charged by statute with adopting rules which describe
how it will "provide full access to public records," "protect records from damage or disorganization,"
"prevent excessive interference with other essential functions of the City," provide "fullest assistance"
to requestors, and provide the "most timely possible action" on public records requests. The public
Ordinance 10-* Amending SMVC 2.75 Page 2 of 5
DRAFT
records officer of e will process requests in the order allowing the most requests to be
processed in the most efficient manner.
B. Acknowledging Receipt of Request. Within five business days of receipt of the request, the public
records officer will do one or more of the following:
1. Make the records available for inspection or copying;
2. Provide an internet address and /or link to the City's website to the specific records requested,
except that if the requester notifies the Citv that he or she cannot access the records through the
internet, then the City will provide copies of the record or allow the requester to view copies
using a CittiT computer, if available and practical,
3 -2. If copies are requested and payment of a deposit for the copies, if any, is made or terms of
payment are agreed upon, send the copies to the requestor;
43. Provide a reasonable estimate of when records will be available;
45. If the request is unclear or does not sufficiently identify the requested records, request
clarification from the requestor. Such clarification may be requested and provided by telephone.
The public records officer O F designee may revise the estimate of when records will be available;
or
6�. Deny the request explaining the reason for such denial
C. Consequences of Failure to Respond. If the City does not respond in writing within five business
days of receipt of the request for disclosure, the requestor should consider contacting the public
records officer to determine the reason for the failure to respond.
D. Protecting Rights of Others. In the event that the requested records contain information that may
affect rights of others and may be exempt from disclosure, the public records officer may, prior to
providing the records, give notice to such others whose rights may be affected by the disclosure. Such
notice should be given so as to make it possible for those other persons to contact the requestor and
ask him or her to revise the request, or, if necessary, seek an order from a court to prevent or limit the
disclosure. The notice to the affected persons will include a copy of the request.
E. Records Exempt from Disclosure. Some records are exempt from disclosure, in whole or in part. If
the Citv believes that a record is exempt from disclosure and should be withheld, the public records
officer will state the specific exemption and provide a brief explanation of why the record or a portion
of the record is being withheld. If only a portion of a record is exempt from disclosure, but the
remainder is not exempt, the public records officer will redact the exempt portions, provide the
nonexempt portions, and indicate to the requestor why portions of the record are being redacted.
F. Inspection of Records.
1. Consistent with other demands, the City shall promptly provide space to inspect public records.
No member of the public may remove a document from the viewing area or disassemble or alter
any document. The requestor shall indicate which documents he or she wishes the City to copy.
2. The requestor must claim or review the assembled records within 30 days of the City's
notification to him or her that the records are available for inspection or that copies are ready to
Ordinance 10-* Amending SMVC 2.75 Page 3 of 5
DRAFT
be paid for and picked up eep� - ing. The City will notify the requestor in writing of this
requirement and infonn the requestor that he or she should contact the City to make arrangements
to claim or review the records. If the requestor or a representative of the requestor fails to claim
or review the records within the 30 -day period or make other arrangements, the City may close
the request and re-file the assembled records.
G. Providing Copies of Records. After inspection is complete, the public records officer or - designee
shall make the requested copies or arrange for copying. If the requestor is making copies of City
records, the City may stop the requestor from such copying i£ in the City's reasonable belief, such
copying by the requestor is damaging the records or resulting in the records becoming disordered.
H. Providing Records in Installments. When the request is for a large number of records, the public
records officer twill provide access for inspection and copying in installments, if he or she
reasonably determines that it would be practical to provide the records in that way. If, within 30 days,
the requestor fails to inspect the entire set of records or one or more of the installments, the public
records officer of e— may stop searching for the remaining records and close the request.
I. Completion of Inspection. When the inspection of the requested records is complete and all
requested copies are provided, the public records officer £)f ill indicate that the City has
completed a diligent search for the requested records and infonn the requestor that fflade ~A 'Rated
nonexempt records are available for inspection.
J. Closing Withdrawn or Abandoned Request. If the requestor either withdraws the request or fails to
fulfill his or her obligations to inspect the records or pay the deposit or final payment for the
requested copies, the public records officer will close the request and indicate to the requestor that the
City has closed the request.
K. Later Discovered Documents. If, after the City has informed the requestor that ;r a 4a — all available
requested records have been provided al a--ai4able feear-as the City becomes aware of additional
responsive documents existing at the time of the request, the requestor will be
promptly infonned of the additional documents and such documents will be provided
expeditiousl on on &ip edited basis
Section 5. Amending Spokane Valley Municipal Code Section 2.75.070. Spokane Valley
Municipal Code 2.75.070 is amended as follows:
2.75.070 Costs for providing copies of public records.
A. Costs for Paper Copies. The fees for public records shall be determined by separate resolution.
There is no fee for inspecting public records or for providing documents electronically provided the
document was created in an electronic n fon - nat. ^ r ester m obtai stm fd blae . and .. hi4e
n�
ph eteeepz4 r a �iT a
5 - p e - page d P n per- pfi rge fer latgeapS, and t ae tiA eesc - pe r d e
r ca3 --vi - Otihef elLE a dei4ee
elee faffi &-- Document copies mailed to the requestor will not be mailed until the fee, plus postage,
has been received.
Before beginning
to make the copies, the public records officer o may require a deposit of up to 10 percent of
the estimated costs of copying all the records selected by the requestor. The public records officer of
desigiiee-may also require the payment of the remainder of the copying costs before providing all the
Ordinance 10-* Amending SMVC 2.75 Page 4 of 5
DRAFT
records, or the payment of the costs of copying an installment before providing that installment. The
City will not charge sales tax when it fnAe - for copies of public records.
B. A reasonable charge may be imposed for providing copies of public records and for the use by any
person of agency equipment, which charges shall not exceed the amount necessary to reimburse the
as4ency for its actual costs directly incident to such copyi�RCW 42.56.120)
C -B. Costs of Mailing. The City wilhffh+�,-- also charge actual costs of mailing, including the cost of the
shipping container.
DC. Payment. Payment may be made by cash, check, or money order payable to the City of Spokane
Valley.
Section 6 . Remainder of SVMC 2.75 Unchanged The remaining provisions of SVMC 2.75 are
unchanged by this amendment.
Section 7 . 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 8 . 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 1 2010
ATTEST:
City of Spokane Valley
Thomas E. Towey, Mayor
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the Citv Attornev
Date of Publication:
Effective Date:
Ordinance 10-* Amending SMVC 2.75 Page 5 of 5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Amendment to Spokane Valley Municipal Code Appendix A: Adult
Retail Use Establishment" Definition
GOVERNING LEGISLATION: SVMC Appendix A - definition of "Adult Retail Use
Establishment "; SVMC Chapter 5.10
PREVIOUS COUNCIL ACTION TAKEN: None.
BACKGROUND: Staff proposes amending the Spokane Valley Municipal Code, Appendix A
definition for "Adult retail use establishment" in order to clarify that the on- premises viewing of
adult- oriented films in exchange for compensation is not a permitted use of such an
establishment. As the definition currently stands, it could be interpreted that such a use is
allowable because the definition allows for the "viewing of adult- oriented merchandise" in
exchange for money or any other form of consideration. If such an establishment sells adult -
oriented films, then the establishment may be able to argue that when it shows those films in
exchange for compensation it is simply allowing its patrons to view its merchandise as is
allowed under the current definition. Staff does not believe that was the intent of the Council,
since the Council adopted changes in SVMC 5.10 to include such activity only within the adult
entertainment regulations.
Adult arcades, or adult movie theatres, are specified in the Code as an allowable use of an adult
entertainment establishment. SVMC Chapter 5.10 sets out the regulations for adult
entertainment establishments, including adult arcades. Such establishments must have the
proper adult entertainment establishment license to legally conduct this business. SVMC 5.10
regulations do not apply to adult retail use establishments. Therefore, staff wanted to clarify
with the Council whether this is the intended result. If not, then staff recommends that the
Council amend the definition for adult entertainment establishment in SVMC, Appendix A.
The definition for "adult retail use establishment" cannot be amended to simply eliminate the
word "viewing" because the establishment must be allowed to permit its patrons to view their
merchandise. However, the definition can be amended to specify that if a business does allow
the viewing of its merchandise, that viewing cannot be in exchange for compensation. This
effectively eliminates the incentive for an adult retail use establishment to engage in the use of
an adult arcade without being properly licensed as an adult entertainment establishment. The
adult retail use establishment may, however, permit the viewing of its merchandise for possible
purchase or rental.
This amendment is not intended to infringe upon the establishment's First Amendment right to
make a profit. If a business wishes to make a profit from having an on- premises adult arcade,
that business may do so as long as it first obtains the proper adult entertainment establishment
license. If a business has this license, it may lawfully engage in this use and such use shall be
subject to the regulations set out in SVMC Chapter 5.10. It should also be noted that there are
additional zoning limitations as to where an adult entertainment or adult retail establishment
may locate, commonly referred to as buffering requirements.
This proposed change would need to go to the Planning Commission for review and
recommendation prior to the Council taking action to adopt it. As such, staff recommends that
the Council send the proposed Ordinance to the Planning Commission.
OPTIONS: Seek additional information or advance to first reading.
RECOMMENDED ACTION OR MOTION: Consensus to send to the Planning Commission for
review and recommendation.
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Cary Driskell, Acting City Attorney
ATTACHMENTS:
1. Proposed Ordinance amending SVMC Appendix A - Adult Retail establishment Definition.
2. Legislative record on adult entertainment on file with City Clerk.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 10 -0 **
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE APPENDIX A
DEFINTION FOR "ADULT RETAIL USE ESTABLISHMENT."
WHEREAS, Spokane Valley Municipal Code (SVMC) Chapter 5.10 governs adult entertainment
establishments; and
WHEREAS, SVMC 5.10.010 defines "adult entertainment establishment" as a live adult
entertainment establishment and an adult arcade establishment; and
WHEREAS, "adult arcade establishment" is defined as a commercial premises, or portion of any
premises, to which a member of the public is invited or admitted and where adult arcade stations or adult
arcade devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of
specified sexual activities or sexual conduct to a member of the public on a regular basis or as a
substantial part of the premises activity; and
WHEREAS, "adult arcade station" is defined as any enclosure where a patron, member, or customer
would ordinarily be positioned while using an adult arcade device. "Adult arcade station" refers to the
area in which an adult arcade device is located and from which the graphic picture, view, film, videotape,
or digital display of specified sexual activities or sexual conduct is to be viewed; and
WHEREAS, "adult arcade device," sometimes also known as "panorain," "preview," "picture
arcade," "adult arcade," or "peep show," means any device which, for payment of a fee, membership fee
or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of
specified sexual activities or sexual conduct; and
WHEREAS, SVMC Appendix A defines "adult retail use establishment" as an establishment which,
for money or any other form of consideration, devotes a significant or substantial portion of stock in
trade, to the sale, exchange, rental, loan, trade, transfer, or viewing of adult- oriented merchandise; and
WHEREAS, an adult retail establishment allows viewing of adult- oriented merchandise, which could
include the viewing of a graphic film, videotape, or digital display of specified sexual activities or sexual
conduct the establishment sells in return for money or any other form of consideration; and
WHEREAS, the current Code may be interpreted to allow an adult retail use establishment to show
adult- oriented graphic film, videotape, or digital display of specified sexual activities or sexual conduct
that the establishment sells and still be within the definition of adult retail use; and
WHEREAS, it was not the City's intent when it adopted the definition of "adult retail use
establishment" to allow the on- premises viewing of adult- oriented graphic film, videotape, or other digital
display of specified sexual activities or sexual conduct that the establishment sells, when that viewing is
in return for money or any other form of consideration, because the adverse impacts of such viewing are
properly regulated as an adult entertainment establishment; and
WHEREAS, the City recently amended SVMC Chapter 5.10, which specifies that the viewing of
adult - oriented graphic film, videotape, or digital display of specified sexual activities or sexual conduct
that the establishment sells, when that viewing is in return for money or any other form of consideration,
is an adult entertainment establishment use and not an adult retail use; and
DRAFT ORDINANCE 10 -_ Page 1 of 2
DRAFT
WHEREAS, the City does not intend to prevent any person or entity from exercising rights protected
by the Washington and United States Constitutions; and
WHEREAS, the following amendment is necessary to clarify the permissible uses of an adult retail
use establishment, to prevent the adverse impacts associated with adult entertainment establishments that
allow on- premises viewing for any consideration, and to enact a reasonable time, place or manner
regulation that protects the health and safety of the City and its citizens. Such impacts are set forth in the
legislative record to Spokane Valley Ordinance 10 -006, which is incorporated herein by reference.
NOW THEREFORE, the City Council specifically ordains as set forth below:
Section 1. Purpose. The purpose of this Ordinance is to amend the definition of "adult retail use
establishment" found in Spokane Valley Municipal Code Appendix A in order to be clear that the City
does not intend for an adult retail use establishment to allow their patrons to view adult- oriented graphic
films, videotapes, or other digital display of specified sexual activities or sexual conduct within their retail
use.
Section 2. Amendment. Spokane Valley Municipal Code Appendix A definition of "Adult retail use
establishment," is hereby amended as set forth below_-
Adult retail use establishment: A retail use establishment which, for money or any other form of
consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental,
loan, trade, or transferrer, of i4ewiiig of adult - oriented merchandise. The retail use establishment may
permit patrons to view the adult - oriented merchandise for possible purchase or rental, but such on-
premises viewing shall not be in exchange for money or any other form of consideration.
Section 3 . 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 4 . 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. Towey, Mayor
ATTEST:
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date:
DRAFT ORDINANCE 10- Page 2 of 2
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of November 10, 2010; 10:45 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
November 23, 2010 Thanks2ivin2 Week (confirmed no meeting)
November 30, 2010, Confirmed No Meeting Council attends NLC in Colorado (Nov 30 -Dec 4)
December 7, 2010, Study Session Format, 6:00 p.m. [due date Mon, Nov 29]
ACTION ITEMS:
1. PUBLIC HEARING: Amending 2010 Budget — Ken Thompson (10 minutes)
2. First Reading Proposed Ordinance Amending Public Records (SVMC 2.75) — Cary Driskell (10 minutes)
3. First Reading Proposed Ordinance Amending 2010 Budget — Ken Thompson (10 minutes)
4. Proposed Resolution Amending Fee Resolution — Ken Thompson (15 minutes)
5. Motion Consideration: Purchase of Broadcasting Equipment — Greg Bingaman (10 minutes)
NON - ACTION ITEMS:
6. Poe Contracts — Neil Kersten (15 minutes)
7. AAA Sweeping Contract — Neil Kersten (10 minutes)
8. AAA Vactoring Contract — Neil Kersten (10 minutes)
9. Lodging Tax (Hotel /Motel Grant) Proposals for 2011 — Ken Thompson (20 minutes)
10. Quiet Zones (railroad crossings) — Neil Kersten (15 minutes)
11. Advance Agenda (5 minutes)
12. Info Only: Department Reports (normally for the Nov 23 meeting) [ * estimated meeting: 130 minutes]
December 14, 2010, Formal Meetine Format, 6:00 p.m [due date Mon, Dec 6]
1. Consent Agenda: Minutes, Claims, Payroll
(5 minutes)
2. Second Reading Proposed Ordinance Amending Public Records (SVMC 2.75) —
Cary Driskell (10 minutes)
3. Second Reading Proposed Ordinance Amending 2010 Budget — Ken Thompson
(10 minutes)
4. Motion Consideration: Approval of Poe Contract — Neil Kersten
(10 minutes)
5. Motion Consideration; Approval of AAA Sweeping Contract — Neil Kersten
(10 minutes)
6. Motion Consideration: Approval of AAA Contract, Vactoring — Neil Kersten
(10 minutes)
7. Motion Consideration: Allocation of Lodging Tax (Hotel/Motel) Funds for 2011
— K.Thompson (15 min)
8. Motion Consideration: Mayoral Appointments (Planning Commission, etc.)
(15 minutes)
9. Admin Report: Gang Awareness Presentation — Chief VanLeuven
(25 minutes)
10. Admin Report: Aquifer Protection Area (APA) Fees — Neil Kersten
(20 minutes)
[ *estimated meeting: 130 minutes]
December 21, 2010, Christmas Week (tentative, no ineetinz)
December 28, 2010, Formal Meeting Format, 6:00 p.m. [due date Mon, Dec 20]
1. Consent Agenda: Minutes, Claims, Payroll (5 minutes)
2. Acknowledgement of Outgoing Committee Members' Participation — Mayor Towev (10 minutes)
3. E- Cigarette Update — Cary Driskell (15 minutes)
4. Animal Control Update — Morgan Koudelka (25 minutes)
5. Info Only: Department Reports [ *estimated meeting: 55 minutes]
January 4, 2011, Study Session Format, 6:00 p.m.
1. Emergency Comp Plan Map Amendment — Karen Kendall
2. Advance Agenda
[due date Mon, Dec 27]
(15 minutes)
(5 minutes)
[ *estimated meeting: minutes]
Draft Advance Agenda 11/10/2010 11:19:21 AM Page 1 of 2
January 112011, Formal Meeting Format, 6:00 p.m. [due date Mon, Jan 3]
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. First Reading Proposed Emergency Ordinance Amending Comp Plan Map — Karen Kendall (10 mins)
3. First Reading Proposed Emergency Ordinance Amending Comp Plan Zoning Map — K.Kendall (5 minutes)
[ *estimated meeting: minutes]
January 18, 2011, Study Session Format, 6:00 p.m. [due date Mon, Jan 10]
1. Advance Agenda (5 minutes)
[estimated meeting: minutes]
January 25, 2011, Formal Meeting Format, 6:00 p.m. [due date Mon, Jan 17
1. Consent Agenda (claims, payroll, minutes) (5 minutes)
2. Second Reading Proposed Ordinance Amending Comp Plan Map — Scott Kuhta (10 minutes)
3. Second Reading Proposed Ordinance Amending Comp Plan Zoning Map — Scott Kuhta (5 minutes)
4. Info Only: Dept Reports [ *estimated meeting: minutes]
Affordable Housing Participation
Alternative Analysis (contracts)
Area Agency on Aging
Bidding Contracts (SVMC 3. — bidding exceptions)
Budget 2012 (August /Sept 2011)
Capital Projects Funding
CDBG (Fall 2011)
Chickens in Residential Areas (Feb 2011)
CLAC — Olympia, February 16 -17
Clean Air Agency
Comp Plan Amendments 2011 (March /April)
Concurrency
East Gateway Monument Structure 4
Governance Manual (resolution) Update
Jail Update
Lodging Tax Funding for 2012 (Oct 2011)
Milwaukee Right -of -way
NLC Congressional Conf, Wash., D.C. March 12 -16
Outside Agencies 2012 (August 2011)
Overweight /over size vehicle ordinance
Parking/Paving Options (for driveways, etc.)
Reimbursement Assessment Amendment
Retreat, Summer 2011
Retreat, Winter (Dec 2010 or Jan 2011)
Signage (I -90)
Solid Waste Amended Interlocal
Speed Limits
Sprague Appleway Corridor Environ.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
Transportation Impacts
Transportation Improvement Plan (six -year, May/
Tune 2011)
Wastewater Treatment Plant
WIRA, Water Protection Commitment, public
education
4 = Awaiting action by others
* = doesn't include time for public or council
comments
Draft Advance Agenda 11/10/2010 11:19:21 AM Page 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: November 16, 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: Information only — Request for Qualifications — Bond Counsel
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Hiring of current bond counsel in 2003.
BACKGROUND: In 2003, the City hired Mike Ormsby of KL Gates to act as the City's bond
counsel. The role of a bond counsel is to advise the City on how to successfully raise funds
through the sale of municipal bonds, and guide the City through that process when such actions
are chosen. Additionally, the City utilizes the legal services of bond counsel to advise on
complicated or unclear municipal finance issues, as well as advice on ballot measures the City
may chose to submit to the voters.
Mr. Ormsby was recently confirmed as the United States Attorney for the Eastern District of
Washington. As such, he resigned as a partner at KL Gates. Staff recommends distributing a
request for qualifications throughout Washington to determine the range of firms who could
handle this work for the City in the future.
The Office of the City Attorney would oversee all aspects of this process, except the review and
selection team would consist of City Manager Mike Jackson, Finance Director Ken Thompson,
and Acting City Attorney Cary Driskell. Based on the process, the City Manager will select the
new bond counsel, with an anticipated start date of January 31, 2011.
There is not presently a need to use bond counsel, but the City has sought advice from the
former bond counsel from time to time on short notice. It would be prudent to do this while we
have ample time, rather than having to hurry the process at a time when we need that expertise.
OPTIONS: NA
RECOMMENDED ACTION OR MOTION: NA
BUDGET /FINANCIAL IMPACTS: No additional impacts are anticipated beyond what the City
has experienced since 2003.
STAFF CONTACT: Cary Driskell, Acting City Attorney; Ken Thompson, Finance Director
ATTACHMENTS:
S066ne
,; o OValley ,
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
October 2010
AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION
• Street Maintenance — 2010 Signal, Sign & Striping County Interlocal
• Street Sweeping — AAA sweeping
• Street and Stormwater Maintenance and Repair contract —Poe Asphalt Paving Inc.
• Vactoring Contract — AAA Sweeping
• Engineering Services Support — Agreements with private engineering firms
• Street Maintenance (Pines & Trent) — WSDOT Interlocal
• Solid Waste - Regional Solid Waste Interlocal
• Winter operations — Snow Removal — Poe Asphalt
• Landscaping Contract — Spokane ProCare
• Emergency After Hours Call -out — Senske
• Litter and Weed Control — Spokane County Geiger Work Crew
WASTEWATER
• Status of the process can be monitored at: http: / /www.spokaneriver.net/
httD:// www. ecv. wa. aov /Droarams /wa /tmdl /SDokaneriver /dissolved oxvaen /status.html
http: / /www.spokanecounty.org/ utilities/ WaterReclamation /content.aspx ?c =2224 and
http://www.spokaneriverpartners.com/
REGIONAL SOLID WASTE SYSTEM
Solid Waste Liaison Board will continue to discuss Regional Governance.
STREET MASTER PLAN
Entered into two contracts with JUB Engineers; Street pavement ratings /evaluations and TIP
traffic counts /accident data collection and evaluation. The pavement conditions on one half
of the city's arterials and one third of the residential streets have been evaluated using an
automated truck - mounted laser technology. Results are being compiled and evaluated.
Data was submitted to WSDOT in accordance with RCW 46.68.113 by September 17.
CAPITAL PROJECTS
(See attached Capital Projects Spreadsheet)
STREET & STORMWATER MAINTENANCE ACTIVITY
The following is a summary of Public Works /Contractor maintenance activities in the City of
Spokane Valley for October 2010:
Fall Street and Stormwater Maintenance Items:
AAA performing periodic sweeping of arterials, started Fall Sweep in highest priority,
pine - needled areas only.
AAA continues with vectoring underground stormwater structure cleaning program.
Geiger crews are providing litter pickup services and grass and weed cutting in City
ROW.
Emergency Winter Snow Operations:
• We will continue with the emergency contract with Poe Asphalt for 2010/2011.
Purchase of a permanent Street Maintenance Facility:
• 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 November.
STORM WATER
• SW Improvement Projects — 2010 Small Works Contract #1
4 projects were combined under one and bid in August under the Small Works Roster
and was awarded to Sackett Contracting & Excavation, Inc in September. The following
projects were substantially complete by the end of October; final items will be wrapped
up in November:
1. Robinhood Street, 1300 — 1400 Block: add capture, catchbasins, and expand UIC
for under - designed area. (SUBSTANTIALLY COMPLETE)
2. Herald Street, 8 th to 9 1h Ave.: add capture, catchbasins, and expand existing UIC.
(SUBSTANTIALLY COMPLETE)
3. Oberlin Street, South of 11 Avenue: additional stormwater capture and swale.
(SUBSTANTIALLY COMPLETE)
4. 10 Avenue, Little John Ct. to Mariam St: additional stormwater capture, manhole
structure. (SUBSTANTIALLY COMPLETE)
• SW Maintenance Projects — Maintenance Contract (Poe)
Stormwater Utility small improvement and maintenance projects that are assigned under
the City's Street and Stormwater Maintenance Contract include the following:
2010 Maintenance Projects — IN PROGRESS
1. 550 S. Sullivan Road: increase intercept of stormwater before existing drywell.
Redesign due to fiber optic utility not previously marked — looking at alternatives
including working with adjacent vacant lot owner. To be assigned to a future year
Small Works Contract.
2. Woodruff and Holman: Continuing to monitor through 2011 improvements made with
2009 sewer project.
3. 11 and Herald — improve catchbasins and rehabilitate existing failing UIC.
Scheduled for design this Fall /Winter and construction in 2011, to be assigned to a
2011 Small Works Contract.
4. 13618 E. 4 th (west of Evergreen) — replace existing pipe sump with deep catch basin
and a Drywell, replace existing soil with pervious gravel from mailboxes to new
pavement and new catch basin. Under design, to be assigned to a 2011 Small
Works Contract.
5. 32n and Bowdish intersection, north leg — mitigate ongoing stormwater ponding.
Evaluating various alternatives, to be designed 2011, assigned to a future Small
Works Contract.
2010 SW Maintenance Projects - COMPLETED
1. University and 16 , NE Corner: replace (2) existing UIC's, provide overflow to 16
Ave system. COMPLETED
2. Union, North of Mission: added capture of stormwater. COMPLETED.
3. Adams — 12 to 8 th and South of 24 Intersection — replace existing shoulder gravels
with new pervious gravel to mitigate continuing erosion issues. COMPLETED
4. 5700 E. 8 new intercept and swale, rehabilitate existing drywell. COMPLETED
5. 7 E. 11011 (near Pierce) — north side of road, replace existing soil with pervious
gravel in front of driveway. COMPLETED
6. 8 th just east of Evergreen, south side of road — replace existing soil with pervious
gravel near mailboxes. COMPLETED
7. Yardley Area Drywell Rim Grouting: Repair Rims. COMPLETED.
8. 2316 N. Girrard: replace existing failing pipe sump with catchbasin and single depth
drywell. COMPLETED
9. 43r Hollow and Forest Meadows: repair of crushed culvert pipe. COMPLETED
10. 7413 E. Sharp Avenue (near Park) — replace crushed pipe between catchbasins.
COMPLETED
11. 1505 N. University Road (south of Mission) — replace crushed pipe between
catchbasin and drywell. COMPLETED
12. 5621 E. 15 Ave (near Stanley) — replace crushed pipe between inlet and drywell,
add structure to eliminate blockage point. COMPLETED
2010 County Sewer Projects
Continued work with County Sewer Projects for 2010 — suggested stormwater funded
improvements in the West Farms, Cronk, Corbin, and South Green Acres areas.
Developed design and details to improve existing problems and complaints in those
areas. Providing occasional field inspections and response.
Pines /Mansfield swales (near Montgomery)
Considering removing material and replacing with an engineered soil and sod in 2011.
Directed landscaping contractor to reduce irrigation and provide deep soil aeration of
swale bottoms to see if infiltration improves.
16 and Shamrock Drainage
Drafted a historical outline of this problem from the Ridgemont Estates No. 3, 2n and 1s'
Additions (County developments) which discharge onto properties and the public streets
in the City of Spokane Valley. County Engineer has responded that they will be working
on resolving this problem with a local Developer and City Staff. The local Developer has
installed a new pipe and ditch around the water company's tank to divert the Ridgemont
flows onto open property the developer owns. It appears to have remedied the problem
at 16 th and Shamrock.
SW Evaluation Form
Developed a form to help evaluate stormwater problems and give a relative basis for
priority ranking. Continued evaluation of historic and new stormwater problems and
ranking them to further develop a stormwater improvement program. Adding to a new
map showing location and ranking of stormwater problems that have been evaluated
and status. As of the end of September, staff has recorded, evaluated and ranked 99
problem locations.
Phase II Implementation Project (DOE Grant G0600363)
This Ecology funded grant includes various tasks to help the City implement
requirements under the Department of Ecology's Phase II Municipal Stormwater Permit.
Staff worked on Public Education and Outreach Tasks including development of
brochures, content for web page(s), and procedures for the Illicit Discharge, Detection,
and Elimination. Recent grant amendment allows purchase of sampling equipment and
replacement manhole lids. The equipment and material purchases were made and
delivered in September. Work for this grant is substantially completed, City staff working
on a final report for final reimbursement.
• Ecology SW Grant #2
Received a $50k grant that will need to be expended by June 2011.
• Stormwater Decant Facility - to be programmed with 2011 -2017 Stormwater Plan.
Sweeping Program Review and Development
Stormwater staff worked with the Sweeping Contractor over the summer to develop
spring, summer, and fall sweeping routes. A draft arterial route map has been
developed and is based on field inspection, traffic counts, business zoning, and bike
routes. A draft fall sweeping response map has been developed to communicate where
and when certain areas of town are to be swept. Fall sweeping is weather dependent -
when tree leaf and needle drop occurs and is mostly complete, with no recent
precipitation, and before hard winter freezes keep the sweeping equipment from working
properly. The City's point of contact with the sweeping contractor is now with the City's
new Street Superintendent.
• SW Permit Compliance Tracking
Compiled a list of Ecology Stormwater Permit compliance deadlines to be tracked on a
monthly basis by spreadsheet. Developing filing method for tracking records relating to
the Ecology Stormwater Permit that will also utilize Laserfiche electronic filing method.
Underground Injection Control (UIC) Assessment
Started reviewing compliance requirements for the City's 7,300 drywells (UICs) and
performing required assessments by February 2013. Compiling data to help in
assessment /evaluation using GIS Mapping. Drafted a rough assessment and map in
October. Reviewing internally and continuing to revise. Map will help show priority
areas for retrofit and be used to determine projects for the Stormwater Improvement
Plan.
• 2010 Stormwater Fee Assessor Rolls Update
Evaluated changes to existing or new commercial properties for 2010 Roll Update.
Provided ongoing support.
OTHER PROJECTS
Bike and Pedestrian Master Plan
Community Development is currently proceeding with the development of the Master
Plan. An RFQ has been issued for a consulting engineering firm to help with the facility
recommendation phase of the plan.
GRANT APPLICATIONS
FHWA Bridge Program
Staff prepared and submitted on April 30, 2010 an application for the Sullivan Road
West Bridge Replacement Project. Total replacement cost - $19,743,334. City match is
20 %. We should know by November if this project was successful in getting funded.
See FMSIB request below for 20% local match. ($8 million awarded)
Safe Routes to School (federal)
Staff prepared and submitted on April 30, 2010 a bike /pedestrian grant application for
the construction of a sidewalk on 1) Wellesley Avenue from Sullivan Road to 150 feet
east of Isenhart Road and 2) Adams Road from Wellesley Avenue to Trent Avenue (SR
290). Total Grant Request - $628,000. City funding - $4,000 in -kind match. A prioritized
list of projects will be submitted to the Governor's office and legislature by December 15,
2010, and announcements are expected by June 2011.
Washington 2010 Pedestrian and Bicycle Safety Grant (state)
Staff prepared and submitted May 10, 2010 a pedestrian /bicycle safety grant application
for the construction of sidewalks on the west side of Sullivan Road from 4 th Avenue to
16 Avenue. Total Grant Request - $842,000. City funding - $0. A prioritized list of
projects will be submitted to the Governor's office and legislature by December 15, 2010,
and announcements are expected by June 2011.
• Ecology SW Capacity Grant #3 (Non- Competitive /No Match)
The State sent the City a document asking if the City was interested in receiving a $300k
grant to be expended by June 2012 to help the City implement NPDES permit
requirements. City staff sent back the form showing interest in the grant and is working
with the State on finalizing an agreement. Awaiting Ecology official's signature.
Ecology 2011 Facility Grant (Competitive)
City staff prepared a grant application for the State's first stormwater facility grant. A
project was proposed that would eliminate direct runoff discharges from one or both of
the Sullivan Road bridge(s) to the Spokane River. The State will reimburse up to 75% of
project eligible costs. Local funding for the proposed project would come from
Stormwater Utility funds. The State received over 100 applications from across the
State for the $23M allowed by the legislature, and is currently reviewing the projects.
The draft funding offer list should be available by November 19
• Ecology FY 2012 Water Quality Grants (Competitive)
Ecology put a call for projects in August for this Grant and Loan program with
applications due by November 5 The City does not appear to have projects that meet
the eligibility criteria for grant -only projects during this round.
Transportation Improvement Board (TIB) (state)
Staff submitted six applications to TIB on August 31, 2010 with council approval; three
Urban Arterial Program applications and three Sidewalk Program applications. TIB
should have a decision on funded projects by late November.
SmartRoutes Call for Projects 2010
SRTC has a call out for regionally significant non - motorized construction and
planning projects affecting walking, bicycling and access to transit. Applications were
due July 22, 2010, and are being reviewed by the committee.
Congestion Management and Air Quality (CMAQ)
SRTC has a call out for projects to be funded through the federal CMAQ program. Staff
is considering several applications, which will likely include traffic signal improvements,
installation of fiber optic cable to signals, traffic signal controller upgrades, the extension
of Mansfield from Pines to Mirabeau, and a study of a possible freeway overpass at
University Road. Applications were submitted September 24th.
SRTC 2010 Regional Priority Projects
Staff prepared four applications for this Call for Projects:
• Barker Road /BNSF Grade Separation Project ...... ............................... Ranked #3
• Sullivan Road Corridor Project — Indiana Ave to Wellesley Ave ........... Ranked #1
• Spokane Valley- Millwood Trail ............................ ............................... Ranked #12
• Sprague Ave Resurfacing Project #2 — Evergreen Rd to Sullivan Rd ... Ranked #4
Applications were due September 29, 2010. SRTC Board approved the above rankings
out of 19 applications submitted region wide.
!'Tii AY
a 11ey
October -10
#
Road Projects
Funding
Project
Manager
Proposed
Bid Date
%Complete
Estimated
Construction
Completion
Total
Project
Cost
PE CN
0005
Pines /Manfield, Wilbur Rd to Pines
TIB
Knutson
05/23/08
100
95
06/30/11
$
6,627,000
0063
Broadway Avenue Safety Project, Pines RD
UAP
Knutson
02/04/11
35
0
08/31/11
$
932,850
0069
Park Rd Recon. #2 Brdwy & Ind. SRTC06 -12
STP(U)
Knutson
02/17/10
50
0
11/01/10
$
352,002
0088
Broadway Ave. Moore to Flora
TIB
Aldworth
06/04/10
100
90
11/14/10
$
3,027,071
0112
Indiana Ave Extension
UCP
Aldworth
05/05/10
70
0
07/01/11
$
2,082,000
0113
Indiana /Sullivan PCC Intersection
STA
Aldworth
04/14/10
15
0
12/31/11
$
1,252,000
0139
Park Road RR Crossing Safety Improvement
WUTC
Knutson
08/20/10
100
0
12/31/10
$
44,000
Stormwater Projects
0055 NPDES Phase 11 - Prog Devel - Stormwater 0 0 $ 76,916
Sewer Projects
0106
West Pondersoa (STEP)
302
Arlt
05/06/09
100
99
06/01/10
$
1,215,335
0128
West Farms (STEP)
001
Arlt
02/17/10
100
95
11/01/10
$
427,000
0129
South Greenacres (STEP)
001
Arlt
03/03/10
100
60
07/01/11
$
640,500
0130
Corbin (STEP)
001
Arlt
05/05/10
100
70
06/01/11
$
705,000
0131
Cronk (STEP)
001
Arlt
04/14/10
100
80
06/01/10
$
315,000
Traffic Projects
0060
Argonne Road Corridor Upgrade (SRTC 06 -3
CMAQ
Knutson
04/15/11
25
0
$
1,290,636
0061
Pines (SR27) ITS Improvements (SRTC 06 -2
CMAQ
Knutson
04/15/11
0
0
$
2,083,121
0133
Sprague Ave ITS
USDOE (d)
Knutson
03/25/11
15
0
$
400,000
0135
Flashing Yellow Arrow Installation
USDOE (d)
Kipp
100
99
12/31/10
$
33,550
0136
Traffic Signal LED Replacement
USDOE (d)
Kipp
0
0
12/31/11
$
65,000
0137
Traffic Signal Coordination
USDOE (d)
Note
0
0
$
75,000
Stormwater Projects
0055 NPDES Phase 11 - Prog Devel - Stormwater 0 0 $ 76,916
Parks Projects
0076
Valley Mission Park
301
Kersten
100
99
06/01/09
$
343,900
0086
Discovery Playground
CTED
Worley
05/01/09
100
99
05/12/10
$
1,685,189
Other Projects
0134
Bike & Ped Master Plan - Facility Imp
USDOE (d)
Note
0
0
07/31/11
$
100,000
0140
Bike & Ped MP Doc Prep
USDOE (d)
Basinger
0
0
$
43,263
Closeout Phase
0003
Barker Road Bridge Replacement
BR Progran Knutson
04/18/08
100
100
08/31/10
$
11,817,000
0039
Argonne Rd Overlay - Indiana to Montgom.
Fed Progra
Arlt
100
100
$
405,948
0054
44th Ave Pathway - Woodruff Rd to Sands Rd
STP(E)
Aldworth
06/11/10
100
100
10/15/10
$
405,480
0062
Appleway /Sprague /Dishman Mica ITS
CMAQ
Knutson
09/18/08
100
100
10/30/09
$
672,000
0065
Sullivan /Sprague PCC Intersection
STP(P)
Aldworth
05/28/10
100
100
10/31/10
$
1,229,371
0066
Broadway Rehab Phase 2
STP(U)
Aldworth
06/19/09
100
100
02/10/10
$
627,500
0067
Broadway Francher PCC Intersection
STP(U)
Aldworth
02/13/09
100
100
12/02/09
$
759,218
0071
SIGNAL CONTROLLER UPGRADES SRTC 06 -22
CMAQ
Knutson
04/29/08
100
100
11/30/09
$
258,400
0099
WSDOT Urban Ramp Project
Special Cap Worley
100
100
09/30/09
$
300,000
0100
16th and Bettman Stormwater
402
Arlt
04/01/09
100
100
06/01/10
$
116,563
0102
Evergreen - Sprague PCC
STA
Aldworth
04/24/10
100
100
02/09/10
$
685,000
0103
Pines - Sprague PCC
STA
Aldworth
03/20/09
100
100
12/07/09
$
978,000
0104
McDonald - Sprague PCC
STA
Aldworth
04/24/10
100
100
02/09/10
$
762,000
0107
Valleyview (STEP)
302
Arlt
04/01/09
100
100
06/01/10
$
679,923
0108
Rotchford Acres (STEP)
302
Arlt
04/22/09
100
100
10/01/09
$
388,306
0109
Clement (STEP)
302
Arlt
05/13/09
100
100
11/01/09
$
565,116
0110
Sprague Avenue Rehabilitation
ARRA(i)
Arlt
04/17/09
100
100
06/01/10
$
2,838,000
0114
Broadway /Sullivan PCC Intersection
STA
Aldworth
02/12/10
100
100
12/31/10
$
788,450
0127
2009 ADA Improvements
CDBG
Aldworth
04/07/10
100
100
06/30/10
$
110,713