2011, 02-01 Study Session AGENDA
SPOKANE VALLEY CITY COUNCIL
STUDY SESSION FORMAT
Tuesday,February 1,2011 6:00 p.m.
CITY HALL COUNCIL CHAMBERS
11707 East Sprague Avenue,First Floor
(Please Silence Your Cell Phones During the Meeting)
DISCUSSION LEADER SUBJECT/ACTIVITY GOAL
ACTION ITEM:
1. Mike Jackson Procedure for Filling Council Vacancy Motion Consideration
[public comment]
NON-ACTION ITEMS:
2. Steve Worley 2011 STEP (Septic Tank Elimination Program) Discussion/Information
Paveback Program
3. Mayor Towey Advance Agenda Discussion/Information
4. Mayor Towey Council Check in Discussion/Information
5. Mike Jackson City Manager Comments Discussion/Information
6 EXECUTIVE SESSION: Potential Litigation [RCW 42.30.110(i)]
ADJOURN
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,February 1,2011 Page 1 of 1
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 25, 2011 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Motion Consideration: Procedure to fill a vacant council position.
GOVERNING LEGISLATION: RCW 35A.13.020, RCW 42.12.070, City of Spokane Valley
Governance Manual 2.04
PREVIOUS COUNCIL ACTION TAKEN: Council used a similar process in 2009.
BACKGROUND: Councilmember Rose Dempsey resigned her position by written notice
effective Friday, January 21, 2011. Pursuant to RCW 35A.13.020 City Council has within ninety
(90) days of the vacancy to appoint a qualified person to the vacant position. If this timeframe is
not met, the City's authority in this matter would cease and the County would appoint a qualified
person to fill the vacancy. The date to meet the ninety day deadline is April 20, 2011.
The proposed draft Timeline for the process is as follows:
February 4, February 11, February 18, February 25, 2011: Publication of the notice of vacancy
March 4, 2011, 4:00 p.m. Applications must be received by the City Clerk
March 8, 2011; 5:00 p.m. Executive Session to review applications
March 8, 2011; 6:00 p.m. Determine list of those applicants to interview (in open session)
March 22, 2011; 6:00 p.m. Interviews of selected applicants (in open session)
March 29, 2011; 5:00 p.m. Executive Session to discuss applicant interviews
March 29, 2011; 6:00 p.m. Appointment of applicant (in open session)
OPTIONS: Move to proceed with the process as outlined or modified; or take other action
appropriate.
RECOMMENDED ACTION OR MOTION: "I move Council approve the "Procedure for Filling a
Council Vacancy"as submitted.
BUDGET/FINANCIAL IMPACTS: None
STAFF CONTACT: Mike Jackson, Cary Driskell
ATTACHMENTS
1. Draft Spokane Valley City Council Procedure for Filling a Council Vacancy
2. Excerpt from Governance Manual re Filling Council Vacancies
3. Applicable State Statutes
4. Application Form
5. Advertisement
SPOKANE VALLEY CITY COUNCIL PROCEDURE FOR FILLING A COUNCIL VACANCY
A. Timeline/Procedure:
1. Placing the Ad: The City will publish the vacancy and invite citizens of the City who are interested
and qualified to sit as a Council member to apply on an application form provided by the City.
Publication of the vacancy will be February 4, February 11, February 18, and February 25, 2011.
Qualifications to sit as a Council member are set forth in RCW 35A.13.020, which refers to RCW
35A.12.030.
2. Application Deadline: All applications shall be received by the City Clerk no later than 4:00 p.m.
on March 4,2011.
3. Interview Selection Process:
a. At 5:00 p.m. March 8, 2011, the City Council will meet and adjourn to executive session
(closed session)to review and discuss all of the applications.
b. At 6:00 p.m. March 8, 2011, the City Council will meet in open session to discuss and select
applicants to interview. Selection will be by nomination and second. A vote will be taken and
candidates receiving three or more votes will be interviewed.
4. Date of Interviews: The interviews will be conducted March 22, 2011, during the open council
session.
5. Discussion of Applicants: At 5:00 p.m. March 29, 2011,the City Council will meet and adjourn
to executive session(closed session)to discuss qualifications of the applicants.
6. Appointment: At 6:00 p.m. March 29, 2011, during its regular open session, Council will discuss
applicant interviews and vote to fill the vacancy.
7. Each interview will be a maximum of 30 minutes.
B. Interview Questions/Process:
1. City Council members interested in submitting interview questions, will provide their top five
questions (which they have rank ordered in terms of importance)to the City Manager by February 16,
2011.
2. Staff will compile the list of City Council members' questions. Where questions are regarding the
same topic, staff will combine them while attempting to capture the specificity of the individual
question.
3. The draft Selection Procedure will be considered by motion on February 1, 2011. If such motion
passes, applications will be accepted effective immediately.
4. Draft interview questions will be provided to City Council to discuss and finalize at the March 1,
2011 Council Meeting.
5. Following the March 8, 2011 Council meeting, the City Clerk will send the entire list of questions
to each candidate to be interviewed.
6. Council will approve the final questions.
Page 1 of 2
7. Each Councilmember may ask each candidate up to three of the questions.
8. Candidates will be interviewed in alphabetical order of last name.
C. Voting Process to Appoint Interim Councilmember:
1. A City Council member may nominate an applicant to fill the vacancy. A second is required. If no
second is received, that applicant shall not be considered further unless no applicant receives a
second, in which case all applicants who were nominated may be considered again. Once the
nominations are given,the Mayor will close the nominations and Council will proceed to vote.
2. Any vote to approve an applicant shall be by voice or raised hand in the affirmative or negative.
3. The vacancy can only be filled if a majority of the City Council present affirmatively votes for the
applicant, i.e. if five City Council members are present, this would require at least three out of five
City Council members voting for an applicant.
If a candidate receives a majority of votes,that candidate is the Interim Councilmember.
4. If no applicant receives a majority of votes from the City Council, then the three applicants
receiving the most affirmative votes would be considered in a second round. In the possible case of a
vote resulting in one applicant gaining the most votes (but not a majority of votes of all
councilmembers), and a three-way tie of three other candidates, Council will proceed with a second
vote.
In a second round of consideration,the same process would be followed as before to determine if one
applicant receives a majority of affirmative votes. If one of the three applicants still fails to receive a
majority of affirmative, then the two applicants of the three who received the most affirmative votes
would then be considered in a third round.
In a third round of consideration, the same process would be followed as before to determine if one
applicant receives a majority of affirmative votes.
5. In the event the City Council fails after three rounds to arrive at a majority vote for an applicant,
then the City Manager shall flip a coin to determine who shall fill the vacancy, with the applicant
whose last name is closest to the letter A being assigned "heads" and the other person assigned
"tails."
D. Seating of New City Council Member:
1. Once an applicant has either received a majority of votes or wins the coin flip,the City Clerk shall
administer the oath of office, and the new councilmember will be officially seated as a City Council
member.
Page 2 of 2
End of Article 1-Council Meetings
ARTICLE 2 -DUTIES AND PRIVILEGES OF MEMBERS
2.01 Respect and Decorum. It is the duty of the Mayor and Councihnembers to maintain dignity and
respect for their offices, City staff and the public. While the Council is in session, the
Councilmembers shall preserve order and decorum and a member shall neither, by conversation
or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any
member while speaking. Councihnembers and the public shall comply with the directives of the
Chair.
Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the
business of the Council, either while addressing the Council or attending its proceedings, shall be
asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or
adjournment as set forth in section 3.04 below.
2.O1A Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your
Honor." The Deputy Mayor shall be addressed as"Deputy Mayor(surname)." Members
of the Council shall be addressed as "Councilmember (surname)" unless waived by the
Presiding Officer.
2.02 Seating Arrangement. Couneilmembers shall occupy the respective seats in the Council
Chamber assigned to them by the Mayor.
2.03 Dissents and Protests. Any Councilmember shall have the right to express dissent from or
protest, orally or in writing, against any motion, ordinance or resolution of the Council and have
the reason therefore entered or retained in the minutes.
2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the
procedures outlined in RCW 35A.13,020. In order to fill the vacancy with the most qualified
person available until an election is held, the Council will publish a notice of the vacancy and the
procedure, and distribute the application form for applying. The Council will have an application
drafted which contains relevant information to answer set questions posed by the Council. The
application form will be used in conjunction with interviews of candidates to aid in the selection
of the Councilmember.
End ofArticle 2-Dirties and Privileges of Members
ARTICLE 3- COUNCIL MEETING PROCEDURES
3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be
governed by the chart of the most common"Rules of Order"questions. Attached as Exhibit A-3.
The City Clerk shall keep a copy of the most current "Robert's Rules of Order" in Council
Chambers during Council meetings.
(a) Out of Order Requests.
Occasionally a member of the public may wish to speak on an agenda item but cannot
remain until the item is reached on the agenda. During Open Comments From the Public,
such person may request permission to speak by explaining the circumstances. The
Governance Manual 9
35A.13.020 Election of councilmembers — Eligibility — Terms —
Vacancies — Forfeiture of office — Council chair.
In council-manager code cities, eligibility for election to the council, the manner of electing councilmembers, the
numbering of council positions, the terms of councilmembers, the occurrence and the filling of vacancies, the grounds
for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilmember pro tempore shall
be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and
35A.12.065 relating to the council of a code city organized under the mayor-council plan, except that in council-
manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033,
provide that the person elected to council position one shall be the council chair and shall carry out the duties
prescribed by RCW 35A.13.030.
35A.12.030 Eligibility to hold elective office.
No person shall be eligible to hold elective office under the mayor-council plan unless the person is a registered voter
of the city at the time of filing his or her declaration of candidacy and has been a resident of the city for a period of at
least one year next preceding his or her election. Residence and voting within the limits of any territory which has
been included in, annexed to, or consolidated with such city is construed to have been residence within the city. A
mayor or councilmember shall hold within the city government no other public office or employment except as
permitted under the provisions of chapter 42.23 RCW.
35A.12.040 Elections — Terms of elective officers — Numbering of
council positions.
Officers shall be elected at biennial municipal elections to be conducted as provided in chapter 35A.29 RCW. The
mayor and the councilmembers shall be elected for four-year terms of office and until their successors are elected
and qualified and assume office in accordance with*RCW 29.04.170. At any first election upon reorganization,
councilmembers shall be elected as provided in RCW 35A.02.050. Thereafter the requisite number of
councilmembers shall be elected biennially as the terms of their predecessors expire and shall serve for terms of four
years. The positions to be filled on the city council shall be designated by consecutive numbers and shall be dealt
with as separate offices for all election purposes. Election to positions on the council shall be by majority vote from
the city at large, unless provision is made by charter or ordinance for election by wards. The mayor and
councilmembers shall qualify by taking an oath or affirmation of office and as may be provided by law, charter, or
ordinance.
35A.12.050 Vacancies.
The office of a mayor or councilmember shall become vacant if the person who is elected or appointed to that
position fails to qualify as provided by law, fails to enter upon the duties of that office at the time fixed by law without a
justifiable reason, or as provided in RCW 35A.12.060 or 42.12.010. A vacancy in the office of mayor or in the council
shall be filled as provided in chapter 42.12 RCW. An incumbent councilmember is eligible to be appointed to fill a
vacancy in the office of mayor.
35A.12.060 Vacancy for nonattendance.
In addition a council position shall become vacant if the councilmember fails to attend three consecutive regular
meetings of the council without being excused by the council.
35A.12.065 Pro tempore appointments.
Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate
one of their number as mayor pro tempore or deputy mayor for such period as the council may specify, to serve in the
absence or temporary disability of the mayor; or, in lieu thereof, the council may, as the need may arise, appoint any
qualified person to serve as mayor pro tempore in the absence or temporary disability of the mayor. In the event of
the extended excused absence or disability of a councilmember, the remaining members by majority vote may
appoint a councilmember pro tempore to serve during the absence or disability.
[2009 c 549§3007; 1967 ex.s.c 119§35A.12.065.]
42.12.030 Term of person elected to fill vacancy.
Whenever any officer resigns his office before the expiration of his term, or the office becomes vacant from any other
cause, and at a subsequent special election such vacancy is filled, the person so elected to fill such vacancy shall
hold office for the remainder of the unexpired term.
[1981 c 180§5;Code 1881 §3066; 1866 p 30§6; RRS§9951.]
42.12.070 Filling nonpartisan vacancies.
A vacancy on an elected nonpartisan governing body of a special purpose district where property ownership is not a
qualification to vote, a town, or a city other than a first-class city or a charter code city, shall be filled as follows unless
the provisions of law relating to the special district, town, or city provide otherwise:
(1)Where one position is vacant, the remaining members of the governing body shall appoint a qualified person to
fill the vacant position.
(2)Where two or more positions are vacant and two or more members of the governing body remain in office, the
remaining members of the governing body shall appoint a qualified person to fill one of the vacant positions, the
remaining members of the governing body and the newly appointed person shall appoint another qualified person to
fill another vacant position, and so on until each of the vacant positions is filled with each of the new appointees
participating in each appointment that is made after his or her appointment.
(3) If less than two members of a governing body remain in office, the county legislative authority of the county in
which all or the largest geographic portion of the city, town, or special district is located shall appoint a qualified
person or persons to the governing body until the governing body has two members.
(4) If a governing body fails to appoint a qualified person to fill a vacancy within ninety days of the occurrence of
the vacancy, the authority of the governing body to fill the vacancy shall cease and the county legislative authority of
the county in which all or the largest geographic portion of the city, town, or special district is located shall appoint a
qualified person to fill the vacancy.
(5) If the county legislative authority of the county fails to appoint a qualified person within one hundred eighty
days of the occurrence of the vacancy, the county legislative authority or the remaining members of the governing
body of the city, town, or special district may petition the governor to appoint a qualified person to fill the vacancy.
The governor may appoint a qualified person to fill the vacancy after being petitioned if at the time the governor fills
the vacancy the county legislative authority has not appointed a qualified person to fill the vacancy.
(6)As provided in"RCW 29.15.190 and 29.21.410, each person who is appointed shall serve until a qualified
person is elected at the next election at which a member of the governing body normally would be elected that occurs
twenty-eight or more days after the occurrence of the vacancy. If needed, special filing periods shall be authorized as
provided in *RCW 29.15.170 and 29.15.180 for qualified persons to file for the vacant office. A primary shall be held
to nominate candidates if sufficient time exists to hold a primary and more than two candidates file for the vacant
office. Otherwise, a primary shall not be held and the person receiving the greatest number of votes shall be elected.
The person elected shall take office immediately and serve the remainder of the unexpired term.
If an election for the position that became vacant would otherwise have been held at this general election date,
only one election to fill the position shall be held and the person elected to fill the succeeding term for that position
shall take office immediately when qualified as defined in*RCW 29.01.135 and shall service both the remainder of
the unexpired term and the succeeding term.
Spokane
Valley
CITY OF SPOKANE VALLEY
11707 E. Sprague Avenue, Suite 106
Spokane Valley,WA 99206
(509) 921-1000
APPLICATION FOR INTERIM CITY COUNCIL MEMBER POSITION# 3
Thank you for your interest in serving the Spokane Valley community as a member of the Spokane Valley City
Council. To be considered, applications must be completed, signed, and received at the City Clerk's office, 11707
E. Sprague Avenue, Suite 106, no later than 4:00 p.m. Friday, March 4, 2011, (late arriving mail will not be
accepted). Applications may be hand-delivered or mailed.
Name:
(Last) (Middle) (First)
Complete Home Mailing Address:
If you have lived at your current address less than one year,please list your previous addresses and state how long
you lived at those residences:
Complete Previous Address Length of Time at this Address
Home Phone: ( ) Fax: ( )
Business Phone: ( ) Cell: ( )
E-mail:
Occupation: (if retired,please indicate former occupation)
Business Address:
Educational Background:
1. Registered voter in the City of Spokane Valley? Yes [ ] No [ ]
2. Have you continuously resided within the city limits of the City of Spokane Valley for a year or more? (State
law requires a councilmember to be a resident of Spokane Valley for at least a year prior to appointment, and to be
a registered voter at the time of application.) Yes [ ] No [ ]
3. Have you ever been convicted for anything other than a minor traffic violation? Yes [ ] No [ ]
4. If you answered"YES"to #3 above,please explain:
5. Do you or your spouse or any immediate family member (spouse, children, siblings, parents) have a financial
interest in, or are you an employee or officer of any business or agency which does business with the City of
Spokane Valley? Yes [ ] No [ ] If yes,please explain:
6. Is any member of your immediate family currently employed, either full time or part time,by the City of
Spokane Valley, or currently perform any volunteer work for the City of Spokane Valley? Yes [ ] No [ ]
If yes,please explain:
7.Would your appointment create a conflict of interest or an appearance of a conflict of interest?Yes [ ] No [ ]
If yes,please explain:
8. Please list your employment for the past ten years:
NAME OF EMPLOYER POSITION HELD DATES OF EMPLOYMENT
9. Please list the professional affiliations, clubs, social, or fraternal organizations to which you belong or hold
office:
10. Please list your special skills and/or interests:
11. Please list your volunteer experience, and include any volunteer or paid positions held on any governmental
board, committee or commission:
FROM: TO:
FROM: TO:
FROM: TO:
FROM: TO:
12.Why are you interested in serving in this interim position as a Spokane Valley City Councilmember?
13.What are the three highest priorities you believe the City needs to address? How would you propose to address
these issues?
14. Have you ever attended a meeting of the Spokane Valley City Council? Yes [ ] No [ ]
If yes,give an estimate of how many meetings you have attended in the past S ear:
15. Appointment to the City Council will require your attendance at numerous regularly scheduled and special
meetings, which generally occur on Tuesday evenings. Councilmembers are also expected to represent the City of
Spokane Valley by serving on various regional commissions, committees and boards. Are you able to commit your
time and energy to participate fully as a member of the Spokane Valley City Council. Yes [ ] No [ ]
16. References: Please list name, address and phone number:
1.
2.
J.
Once submitted, applications and related materials become a public record subject to public disclosure, and will
appear in the Council agenda packet for the March 8, 2011 City Council meeting. Interviews are tentatively
scheduled for the evening of March 22, 2011. Selected applicants will be notified of the exact date and time of the
interview once all applications have been received. Final action appointing a candidate to elective office will take
place in the open public meeting, which is anticipated to occur March 29, 2011. No City elected officer shall hold
any other office or employment within the Spokane Valley City government.
Signature: Today's Date:
SPOKANE VALLEY COUNCIL MEMBER
POSITION VACANCY
The Spokane Valley City Council is accepting applications from individuals interested in serving as an
interim Councilmember to fill the vacancy of City Council Position 3. The person appointed to this
interim position will serve from the date of appointment until the person elected in the November 2011
general election takes office on November 29, 2011, which is the date the election results are expected to
be certified. State law requires that a councilmember be a resident of Spokane Valley for at least a year
prior to appointment, and be a registered voter at the time of application. Council positions are at-large
positions.
The City of Spokane Valley is a non-charter code city, operates under a council-manager form of
government, and is governed under the optional municipal code of the Revised Code of Washington
(RCW) Title 35A. Under this form of government, legislative authority is concentrated in the elected
City Council, which hires a professional administrator, a City Manager, to implement policies. The
Council is comprised of seven members, all of whom have an equal vote, with the Mayor chosen every
two years from among fellow Councilmembers. As the legislative body,the City Council establishes local
laws and policies, and has general oversight and control over the City's finances, primarily through the
budget process. Regular Council meetings are held the second and fourth Tuesdays at 6:00 p.m., and
Council study sessions are generally held the first,third, and occasionally the fifth Tuesdays at 6:00 p.m.
Submittal process: Applications must be received by the City Clerk no later than 4:00 p.m. Friday,
March 4, 2011. Late arriving mail will not be accepted. Applications may be hand-delivered or mailed
to: Chris Bainbridge, City Clerk, Spokane Valley City Hall, 11707 E. Sprague Avenue, Suite 106,
Spokane Valley, Washington, 99206. Questions may be directed to Chris Bainbridge, Spokane Valley
City Clerk, 509-720-5102, or e-mailed to cbainbridge@spokanevalley.org. Please do not e-mail or fax
your application. Applications can be found on the city's website at www.spokanevalley.org; or by
calling the City Clerk's office. Interviews are tentatively scheduled for the evening of March 22, 2011.
Selected applicants will be notified of the exact date and time of the interview once all applications have
been received. The formal appointment is tentatively set for the March 29 Council Meeting.
PUBLISHED: Feb 4, 11, 18 and 25, 2011
Christine Bainbridge, MMC
Spokane Valley City Clerk
(509) 720-5102
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 1, 2011 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ® admin. report ❑ pending legislation
AGENDA ITEM TITLE: 2011 Sewer Paveback Program — Draft MOU with Spokane County
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Adopted 2011-2016 Six Year TIP which includes the
2011 STEP paveback program. An initial draft of the Memorandum of Understanding (MOU)
with Spokane County and project basin maps were submitted for information at the January 25,
2011 Council meeting.
BACKGROUND: The 2011 Budget includes funds for full-width street paving associated with
Spokane County's 2011 Sewer Construction Program.
As has been done in previous years City staff is working with Spokane County staff on fine
tuning the estimates for the City's portion of paving the roads full-width in the 2011 sewer
project areas. Spokane County's 2011 Septic Tank Elimination Program includes two projects
within the City of Spokane Valley:
M icaview
This basin generally includes the area south of Sprague Avenue to the City limits south of
Eighth Avenue between Barker Road to the west and Hodges Road to the east.
Green Haven
This basin generally includes the area north of Appleway Avenue and south of Broadway
Avenue between Flora Road to the west and Michigan Road to the east.
Estimated paveback costs to provide full-width paving and drainage improvements for the two
sewer basins are summarized below:
City of Spokane Valley Share
2011 Estimated Road and Drainage Improvement Costs
Estimated Road Estimated Drainage
2011 Projects Improvement Costs Improvement Costs
Green Haven $ 550,000 $ 70,000
Micaview $ 250,000 $ 30,000
Total Est. Cost: $ 800,000 $ 100,000
Below are a few comments on the above estimates:
1. A Community Development Block Grant application in the amount of $247,000 was
submitted to Spokane County, and preliminarily selected for funding, for full-width road
paveback associated with the Green Haven sewer project.
2. These are preliminary estimates. Staff will continue to review them in more detail with
Spokane County to ensure all appropriate costs, credits, and savings have been
accounted for.
Attached is an updated draft of the Memorandum of Understanding (MOU) regarding the city's
reimbursement to Spokane County for paveback costs. Revisions have been made compared
to the initial draft included in council's packets last week. The changes are shown in underlined
red text and include payment to the county for the partial design of the Barker Road profile
within the Micaview basin. This is the same type of work Spokane County did for us last year
relative to Mission Avenue. This additional work is done to ensure the road grades are
appropriate for future road improvements. Note that `Attachment A' as referenced in paragraph
2 of the MOU is also attached.
Three of the 2010 STEP projects have not been completed are will carry over to 2011. Sewer
construction within the South Greenacres (phase 4), Corbin, and Cronk sewer basin areas will
continue later this spring as weather conditions allow.
OPTIONS: Consensus to move ahead with the approval of the MOU with Spokane County for
the reimbursement of costs associated with the 2011 costs to provide design, full-width paving,
and drainage improvements for the Green Haven and Micaview sewer basins.
RECOMMENDED ACTION OR MOTION: Council consensus to place on the February 8, 2011
agenda the approval of the MOU with Spokane County for reimbursements related to the costs
to provide design, full-width paving, and drainage improvements for the Green Haven and
Micaview sewer basins.
BUDGET/FINANCIAL IMPACTS: The 2011 Budget includes sufficient funds for the 2011
STEP paveback program.
STAFF CONTACT: Neil Kersten, Public Works Director
Steve M. Worley, Senior Capital Projects Engineer
ATTACHMENTS Updated Draft of MOU, including Attachment A
Sewer Basin Maps, Spokane Valley Sewer Project Priorities Map
DRAFT Memorandum of Understanding
Between the City of Spokane Valley
and Spokane County
Pavement Replacement Cost Sharing and Drainage Improvement Costs
For the 2011 Sewer Construction Program
WHEREAS the City of Spokane Valley (the CITY) and Spokane County (the COUNTY)
desire to work collaboratively to construct portions of the COUNTY's 2011 Sewer
Construction Program together with CITY paving and drainage improvement projects;
and
WHEREAS the CITY desires that the roads impacted by the construction of sewers in
the 2011 Sewer Construction Program be reconstructed to the full preconstruction width
for an improved roadway surface; and
WHEREAS the CITY also desires that pavement replacement work be extended in
some areas beyond the limits of sewer construction; and
WHEREAS the CITY also desires that certain drainage improvements be constructed in
areas that will be impacted by the COUNTY's 2011 Sewer Construction Program; and
WHEREAS the costs of such full width repaving, additional length of road
reconstruction, and miscellaneous drainage improvements are not funded by the
COUNTY's Sewer Construction Program, and said costs will need to be paid by the
CITY; and
WHEREAS the 2011 Sewer Construction Program includes the Green Haven and
Micaview Sewer Projects within the limits of the CITY, as identified in the COUNTY's
adopted Six-Year Sewer Capital Improvement Program 2011-2016.
NOW THEREFORE, the CITY and the COUNTY do hereby agree as follows:
1. Prior to the bid of each project, the COUNTY shall provide the CITY with a set of
1 project plans, together with a cost estimate indicating the extent of pavement removal
and replacement to be paid for by the COUNTY as a part of the sewer project. The
1 CITY shall review the plans and estimate, and shall advise the COUNTY regarding the
extent to which the CITY desires to add pavement removal and replacement, as well as
the specific drainage improvements that the CITY would like to make in conjunction with
the project.
2. The CITY has requested that the COUNTY, through the Division of Engineering and
Roads, prepare a road design for a segment of Barker Road located within the 2011
Sewer Construction Program. The CITY intends to include the associated work in the
construction contracts for the sewer projects. The scope of work and design cost
Memorandum of Understanding
2011 Sewer Construction Program Page 2 of 3
estimate for this roadway is presented in Attachment A to this Memorandum of
Understanding. The CITY will coordinate this design work directly with the Road Design
Engineer in the Division of Engineering and Roads. The Division of Engineering and
Roads shall invoice the CITY on a monthly basis for this road design work.
3. The COUNTY shall include the additional road and drainage work outlined in
Paragraphs 1 and 2 above in the bid documents for the applicable sewer project area.
4. After the bids for a project are opened, the COUNTY shall prepare the bid
tabulation and provide a copy to the CITY, typically within 24 hours, together with an
estimate of the CITY's share of the project cost based upon the unit prices submitted by
1 the lowest responsivelow bidder. The calculation of the CITY's share will include a
representative credit for the COUNTY's avoided cost of crack sealing and surface
sealing that would be associated with partial road width removal and replacement. If
the CITY then decides to proceed with the desired improvements, the CITY shall
provide a written notice to the COUNTY within two days of the receipt of the bid
tabulation.
5. The CITY and COUNTY agree that the minimum pavement section for local access
roads in the 2011 Sewer Construction Program shall consist of two (2) inches of hot mix
asphalt overlying four (4) inches of crushed rock, which has been the historical practice
for the Septic Tank Elimination Program, and which is an exemption from the new road
paving standards adopted for the CITY.
46. The CITY's total estimated sharesharcs of the construction and design costs are
presented in Table 1 below. The estimates in Table 1 are based on a minimum
pavement section for local access roads consisting of two (2) inches of hot mix asphalt
overlying four (4) inches of crushed rock, '- -
STEP.
577. The CITY and the COUNTY recognize that the estimated costs shown in Table 1
are for planning purposes, and that the actual costs billed to the CITYamount& will be
based upon final quantities and actual contract prices. The CITY's maximum cost for
1 the 2011 projects shall not exceed $_900,000 without written authorization by the CITY.
The COUNTY shall not proceed with any work that would increase the CITY's cost to an
amount greater than the total amount authorized.
1 €8. If the CITY subsequently elects to make additions to the scope of any project, the
CITY shall request such additional work in writing. A corresponding adjustment shall
then be made to the CITY's share of the cost based upon the resulting increase in pay
quantities and the associated contract bid prices. For work items requested by the
CITY that are not covered by the contract bid prices, the COUNTY shall prepare a
Memorandum of Understanding
2011 Sewer Construction Program Page 3 of 3
change order for the CITY's review and acceptance prior to work items being
constructed.
1 9. As paving operations are undertaken for each project, the COUNTY will send
progress invoices (no more than one per month) to the CITY for the CITY's portion of
the cost of roadway and drainage improvements. When all paving and drainage work is
completed on a project, the COUNTY will send a final invoice to the CITY for the
remainder of the CITY's portion of the project costs. For each project that is not
completed by the close of the 2011 construction season, the COUNTY will send a
progress invoice to the CITY prior to December 31, 2011.
TABLE 1
City of Spokane Valley Share
2011 Estimated Road and Drainage Improvement Costs
Estimated Road Estimated Drainage
Improvement Costs Improvement Costs
Total Costs $ 800,000 $ 100,000
SPOKANE COUNTY:
By: Date:
N. Bruce Rawls, County Utilities Director
CITY OF SPOKANE VALLEY:
By: Date:
Mike Jackson, City Manager
ATTACHMENT "A"
Scope of Work - Design of Barker Road for Future Widening
For City of Spokane Valley
Mica View Project Phase 1
City of Spokane Valley will give notice to proceed prior to design work beginning. A
typical section will be given to the design team prior to start of design. Design work on
Barker Road will not include review of existing or final alignment for conformance with
current design standards.
Scope: Barker Road - 8th Ave. to Sprague Ave., approximately 2,800 L.F.;
1. Design centerline profile for future City project to widen Barker Road.
2. Work will include additional survey work for area not needed for the Mica View
Sewer Project.
3. Future typical section to include 3 lanes with bike paths and attached sidewalks.
4. Provide road plan and profile sheets, 1"=50'H, 1"=10V.
5. Provide abbreviated design report summarizing design parameters.
6. No drainage analysis/report, R/W review/plans or earthwork quantities will be
provided.
7. Will include initial meeting with City to review design parameters.
8. City to review 50%plans and final plans.
9. Sewer project will remove and replace road to existing width. No widening.
10. County will charge City of Spokane Valley the employee costs including paid
benefits plus overhead rate of 21.89%.
Design Cost Estimate: Not to Exceed $11,600.00
File: P:\Clerk\AgendaPackets for Web\agendapacket 02-01-11\Item 2 MOU Attachment A-Barker Scope of Work.doc
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Note: Project Boundaries Are Approximate And May Change With Further Engineering.
Project Priorities and Scheduled Dates Are Subject To Revision.
Version 26-October,2009
DRAFT
ADVANCE AGENDA
For Planning Discussion Purposes Only
as of January 26, 2011; 3:00 p.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
Feb 8,2010, Special Mt2: Retreat, 8:30 a.m.—3:30 p.m. CenterPlace,Rin 213 [due date Mon Jan 31]
Tentative topics include: Economic Development Snow Removal Business Work Plans
Law Enforcement Goals Budget Goals
February 8,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon,Jan 31]
Proclamations:Kiwanis Children's Cancer Cure Month; CVSD FBLA-PBL
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2. First Reading Proposed Ordinance E-Cigarettes— Cary Driskell (20 minutes)
3. Motion Consideration: Approval of MOU for 2011 STEP Paveback Program— Steve Worley (10 minutes)
4. Motion Consideration: Mayoral Appointment: Wastewater Policy Advisory Board—Mayor Towey(10 min)
5. Admin Report: Comprehensive Emergency Mgmt Plan(CEMP)—Rick VanLeuven, Lisa Jameson (20 minutes)
6. EXECUTIVE SESSION: Potential Land Acquisition [(RCW 42.30.110(1)(b)]
[*estimated meeting: 65 minutes]
February 15,2011, Study Session Format,6:00 p.m. (CONFIRMED:no meeting)
February 16-17: City LeiislativeAction Conference(CLAC) Olympia, Washington
February 22,2011,Formal Meetin2 Format,6:00 p.m. [due date Mon,Feb 14]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2. Second Reading Proposed Ordinance e-Cigarettes—Cary Driskell (10 minutes)
3. Admin Report: Chickens in Residential Areas (CTA 01-11)— Christina Janssen (15 minutes)
4. Admin report: Code Text Amendment,Adult Retail Uses—Lori Barlow (15 minutes)
5. Info Only: Dept Reports [*estimated meeting: 45 minutes]
February 25, 2011:Spokane Regional Council of Governments
9:30 a.m. —12:00 p.m. Spokane County Fair&Expo Center, Conference Facility in Expo Complex, 404 NHavana
March 1,2011,Study Session Format,6:00 p.m. [due date Mon,Feb 21]
March 8,2011,SPECIAL MEETING: Executive Session 5:00 p.m. [RCW 42.30.110(1)(h)]
To review applications for council vacancy
Draft Advance Agenda 1/27/2011 3:03:52 PM Page 1 of 3
March 8,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Jan 28]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2. First Reading Proposed Ordinance (CTA 01-11)Animal Raising &Keeping—Christina Janssen (20 min)
3. First Reading Proposed Ordinance Amending Adult Enter.(Retail, CTA 03-10)—Lori Barlow (10 minutes)
4. Motions for March 22 Interviews of Applicants for Council Position#3 Vacancy—Mayor& Council(20 mins)
[*estimated meeting: 55 minutes]
NLC Congressional Conf, Wash.,D.C. March 12-16
March 15, 2011,NO MEETING(Council attends NLC Conference)
March 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,March 14]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2. Second Reading Proposed Ordinance (CTA 01-11)Animal Raising &Keeping—Christina Janssen(15 min)
3. Second Reading Proposed Ordinance Amending Adult Enter.(Retail, CTA 03-10)—Lori Barlow(10 minutes)
4. Council Position#3 Candidate Interviews—Mayor&Council (120 minutes)
5. Info Only: Dept Reports [*estimated meeting: 150 minutes]
March 28, 2011, 9 a.m. —noon;Special Joint Meeting with City of Spokane
Exact meeting time TBD. Exact meeting place at City of Spokane TBD.
March 29,2011, SPECIAL MEETING: Executive Session 5:00 p.m.
To discuss applications for council vacancy [RCW 42.30.110(1)(h)]
March 29,2011, Study Session Format,6:00 p.m. [due date Mon, March 21]
ACTION ITEMS:
1. Mayor and Councilmembers: Appointment of Candidate to Council Position#3 1 3 public comment)
a. Nomination and second of candidate; vote.
b. City Clerk Administers Oath of Office
c. New Councilmember Takes Position at the Dias
April 5,2011, Study Session Format,6:00 p.m. [due date Mon,March 28]
April 12,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 4]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
April 19, 2011,Study Session Format,6:00 p.m. [due date Mon,April 11]
Draft Advance Agenda 1/27/2011 3:03:52 PM Page 2 of 3
April 26,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 18]
1. Consent Agenda(claims,payroll,minutes) (5 minutes)
2. Comp Plan Amendments (Subarea Plan,etc.)
3. Info Only: Dept Reports [*estimated meeting: minutes]
OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS:
Airway Heights Plan Review Renewal
Alternative Analysis (contracts)
Bidding Contracts (SVMC 3. —bidding exceptions)
Budget 2012 (August/Sept 2011)
Capital Projects Funding
CDBG(Fall 2011)
Centennial Trail Agreement
Clean Air Agency
East Gateway Monument Structure #
Governance Manual (resolution) Update
Greenacres Park Bid
Lodging Tax Funding for 2012 (Oct 2011)
Milwaukee Right-of-way
Outside Agencies 2012 (August 2011)
Parking/Paving Options (for driveways, etc.)
Permit Tracking System
Railroad Quiet Zones
Reimbursement Assessment Amendment
Retreat, Summer 2011
Sidewalks
Signage (I-90)
Site Selector Update
Solid Waste Amended Interlocal
Speed Limits
Sprague Appleway Corridor Environ.Assessment
Sprague Avenue: One-way vs.two-way
Street Maintenance Facility
Transp Improvement Plan (6-yr, May/June 2011)
WIRA,Water Protection Commitment,public
education
# =Awaiting action by others
* = doesn't include time for public or council
comments
Draft Advance Agenda 1/27/2011 3:03:52 PM Page 3 of 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 1, 2011 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ® executive session
AGENDA ITEM TITLE: EXECUTIVE SESSION: Potential Litigation
GOVERNING LEGISLATION: RCW 42.30.110(i)
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION: "I Move that Council adjourn into executive session
for approximately minutes to discuss Potential Litigation and that no action will be
taken upon return to open session."
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS: