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2011, 02-22 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL SPECIAL/REGULAR MEETING FORMAL MEETING FORMAT Tuesday,February 22,2011 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor James Kashork of Holy Trinity Lutheran Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a.Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 02/03/2011 3435-3438; 3447, 22078-22082 $207,361.21 02/04/2011 22083-22098 $63,217.88 02/04/2011 22099-22132; 131110030, 204110005 $1,573,222.33 02/11/2011 22133-22151 (void#22152) $72,311.63 GRAND TOTAL $1,916,113.05 b. Approval of Payroll for Period Ending February 15,2011: $254,105.37 c. Approval of City Council Retreat Meeting Minutes of February 8, 2011 d. Approval of City Council Formal Format Meeting Minutes of February 8, 2011 NEW BUSINESS: 2. Second Reading Proposed Ordinance E-Cigarettes—Cary Driskell [public comment] 3. Proposed Resolution Adopting Comprehensive Emergency Management Plan(CEMP)—Mike Jackson [public comment] 4. Motion Consideration: Fuel Tax Grant Distribution Agreement— Steve Worley [public comment] Council Agenda 02-22-2011 Regular Meeting Page 1 of 2 PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 5. Chickens in Residential Areas (CTA 01-11)— Christina Janssen 6. Code Text Amendment,Adult Retail Uses—Lori Barlow 7. Liberty Lake Sign - Mike Jackson 8. Advance Agenda—Mayor Towey INFORMATION ONLY: (will not be reported or discussed) 9. Department Monthly Reports 10. Library Quarterly Report EXECUTIVE SESSION: 11. Potential Litigation: [RCW 42.30.110(i)] ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1st 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning 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. Council Agenda 02-22-2011 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-22- 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: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 02/03/2011 3435-3438; 3447, 22078-22082 $207,361.21 02/04/2011 22083-22098 $63,217.88 02/04/2011 22099-22132; 131110030,204110005 $1,573,222.33 02/11/2011 . 22133-22151 (void#22152) $72,311.63 GRAND TOTAL $1,916,113.05 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist Voucher List Page: 1 D2/03/2011 10:22:17AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 3435 2/4/2011 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben36819 001.231.14. 401A:Payment 21,865.58 Total: 21,865.58 3436 2/4/2011 000682 EFTPS Ben36821 001.231.11. FEDERAL TAXES:Payment 29,110.13 Total: 29,110.13 3437 2/4/2011 000145 VANTAGEPOINT TRANSFER AGENTS,457 PL Ben36823 001.231.18. 457 DEFERRED COMPENSATION:Payn 4,915.59 Total: 4,915.59 3438 2/4/2011 000162 VANTAGE TRANSFER AGENTS,401A EXEC P Ben36825 001.231.14. 401 EXEC PLAN:Payment 1,026.67 Total: 1,026.67 3447 2/4/2011 000682 EFTPS Ben36829 001.231.11. FEDERAL TAXES:Payment 1,117.05 Total: 1,117.05 22078 2/4/2011 000120 AWC Ben36809 001.231.16. HEALTH PLANS:Payment 96,304.88 Ben36827 001.231.16, HEALTH PLANS(COUNCIL):Payment 5,932.31 Total: 102,237.19 22079 2/4/2011 000165 DEPT OF RETIREMENT SYSTEMS Ben36811 001.231.15. PERS:Payment 42,439.80 Total: 42,439.80 22080 2/4/2011 002227 IDAHO TAX COMMISSION Ben36813 402.231.50. IDAHO STATE TAX BASE:Payment 1,468.22 Total: 1,468.22 22081 2/4/2011 000699 WA COUNCIL CO/CITY EMPLOYEES Ben36815 001.231.21. UNION DUES:Payment 2,096.65 Total: 2,096.65 22082 2/4/2011 002574 WASHINGTON TRUST BANK Ben36817 001.231.20. BERG,C 20110-02-03952-4 1,084.33 Total: 1,084.33 10 Vouchers for bank code: apbank Bank total: 207,361.21 10 Vouchers in this report Total vouchers: 207,361.21 Page: 1 vchlist 02/0412011 1:20:44PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 22083 2/4/2011 000197 AIRFACTZ 49851 001.018.016 BACKGROUND CHECKS: HR 40.00 Total: 40.00 22084 2/4/2011 001715 AMERICAN RED CROSS Jan 2011 001.018.016 CPRIAED&FIRST AID 264.00 Total: 264.00 22085 2/4/2011 001606 BANNER BANK 4474 001.018.014 JAN 2011:4474 338.00 Total: 338.00 22086 2/4/2011 000918 BLUE RIBBON LINEN SUPPLY INC 9192091 001.076.305 LINEN SUPPLY&SERVICE AT CEN 157.12 9194326 001.076.305 LINEN SUPPLY AND SERVICE FOR 178.18 59193037 001.076.305 LINEN SUPPLY&SERVICE AT CEN 42.97 S9195266 001.076.305 LINEN SUPPLY AND SERVICE FOR 4.15 Total: 382.42 22087 2/4/2011 000671 BUILDING PERMITS LAW BULLETIN, EDI 15370670 001.058.057 Building Permits Law Bulletin-2011 98.78 Total: 98.78 22088 2/4/2011 001169 CITY OF SPOKANE VALLEY January 2011 001.058.056 PEI I Y CASH:9052,53,54,55,56,57,f 7.00 January 2011 101.042.000 PETTY CASH:9060,9061 31.00 Total: 38.00 22089 2/4/2011 000109 COFFEE SYSTEMS INC 3820:071981 001.011.000 SERVICE COMPONENT FEE 32.61 Total: 32.61 22090 2/4/2011 000321 GREATER SPOKANE INC 77408 001.090.000 4TH QTR 2010 GRANT REIMBURSE 15,000.00 77556 001.076.305 ANNUAL MEMBERSHIP DUES 650.00 Total: 15,650.00 22091 2/4/2011 000193 NORTHWEST CHRISTIAN SCHOOL INC February 2011 001.090.000 CITY HALL RENT 37,300.83 Total : 37,300.83 22092 2/4/2011 001233 NORTHWEST FENCE COMPANY 0017698-IN 001.076.305 INSTALLATION OF IRON FENCE 1,885.95 Total : 1,885,95 22093 2/4/2011 000911 NOTE, INGA Expenses 001.032.000 EXPENSE REIMBURSEMENT 200.19 Page: 1 vchlist 02/04/2011 1:20:44PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 22093 2/4/2011 000911 000911 NOTE, INGA (Continued) Total: 200.19 22094 2/4/2011 002592 PURE FILTRATION PRODUCTS 5433 001.076.305 SUPPLIES FOR CENTERPLACE 2,220.18 5434 001.076.305 SUPPLIES AT CENTERPLACE 213.90 Total: 2,434.08 22095 2/4/2011 000709 SENSKE LAWN&TREE CARE INC. 4115676 101.042.000 2011 EMERGENCY TRAFFIC CONTI 542.71 Total: 542.71 22096 2/4/2011 002291 WALE FEB 2011 001.058.057 ANNUAL WACE MEMBERSHIP DUE 40.00 Total : 40.00 22097 2/4/2011 002111 WASTE MANAGEMENT OF SPOKANE February 2011 402.402.000 2011 LEASE ON MAINTENANCE FA 3,900.31 Total : 3,900.31 22098 2/4/2011 000706 WSAPT TREASURER FEB 2011 001.058.057 2011 MEMBERSHIP:MAIN AND DA\ 70.00 Total : 70.00 16 Vouchers for bank code: apbank Bank total : 63,217.88 16 Vouchers in this report Total vouchers: 63,217.88 Page: 2 vchlist 02/04/2011 2:51:33PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 22099 2/4/2011 001081 ALSCO 22100 2/4/2011 001473 APWA 22101 • 2/4/2011 002594 ARC ELECTRIC&LIGHTING CORP 22102 2/4/2011 001012 ASSOC BUSINESS SYSTEMS 22103 2/4/2011 002206 BARLOW, LORI 22104 2/4/2011 002517 BROWN BEARING CO INC 22105 2/4/2011 002562 CD'A METALS 22106 2/4/2011 000101 CDW-G 22107 2/4/2011 001780 CLC ASSOCIATES, INC 22108 2/4/2011 001888 COMCAST LSPO912731 2011 RENEWAL 14409 460337 460379 EXPENSES 75514 284292 284635 285751 WGP5223 31685 FEBRUARY 2011 FEBRUARY 2011 22109 2/4/2011 000912 DEX MEDIA WEST JANUARY 2011 JANUARY 2011 Fund/Dept 001.090.000 001.032.000 101.042.000 001.013.015 001.058.050 001.058.056 101.042.000 101.042.000 101.042.000 101.042.000 001.090.000 303.303.112 101.042.000 001.090.000 Description/Account Amount • FLOOR MATS FOR THE CITY HALL Total : 2011 APWA MEMBERSHIP:S.WOR Total : REPLACEMENT POLE LIGHTS AND Total: COPIER COSTS: LEGAL COPIER COSTS: CD Total : REIMBURSEMENT: LORI BARLOW Total : WINTER MAINT SUPPLIES SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW PLANARS REPLACEMENTS Total : Total: Total : SURVEY SERVICES FOR PROJECT Total: HIGH SPEED INTERNET:MAINT FA HIGH SPEED INTERNET: CITY HALT Total 001.076.305 ADVERTISING:CP 001.076.304 ADVERTISING:SENIOR CENTER 28.88 28.88 155.00 155.00 2,545.97 2,545.97 95.57 919.36 1,014.93 13.97 13.97 126.91 126.91 75.05 697.59 130.44 903.08 2,566.18 2,566.18 2,174.50 2,174.50 •64.90 108.95 173.85 233.20 38.10 Page: 1 vchlist 02104/2011 2:51:33PM Voucher List Page: 2 Spokane Valley Bank code: , apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 22109 2/4/2011 000912 000912 DEX MEDIA WEST (Continued) Total : 271.30 22110 2/4/2011 002255 ENTERPRISE INFO SOLUTIONS INC. 103517 101.042.000 GPS UNIT AND SERVICE FOR PLO) 1,480.00 Total: 1,480_00 22111 214/2011, 002507 FASTENERS, INC S2966713.001 101.042.000 SUPPLIES: PW 46.03 Total: 46.03 22112 241/2011 000007 GRAINGER 9446663586 101.042.000 SMALL TOOLS&EQUIPMENT 30.25 9446663594 101.042.000 SMALL TOOLS&EQUIPMENT 35.71 Total: 65,96 22113 2/4/2011 001728 HP FINANCIAL SERVICES CO 600278851/600274180 001.090.000 JANUARY 2011 LEASE PYMT 2,441.42 Total : 2,441.42 22114 2/4/2011 002183 HYDROCAD SOFTWARE SOL. LLC 6141A.6141B 402.402.000 HYDROCAD SOFTWARE:2011 SUP 264.00 Total : 264.00 22115 2/4/2011 002595 INLAND BUSINESS PRODUCTS 95165 001.018.016 EMPLOYEE PHOTO ID"S 23.91 Total : 23.91 22116 2/4/2011 000265 JACKSON, MIKE FEBRUARY 2011 001.013.000 MONTHLY AUTO ALLOWANCE 300.00 Total: 300.00 22117 2/4/2011 000635 KUHTA,SCOTT EXPENSES 001.058.056 MILEAGE:SCOTT KUHTA 119.85 Total: 119.85 22118 2/4/2011 002593 LILAC CITY GARGE DOOR 10711 101.042.000 WORK DONE ON MIDDLE DOOR:M 294.69 Total: 294.69 22119 2/4/2011 001852 NATL RESEARCH CENTER, INC FEBRUARY 2011 001.018.013 BIANNUAL CITIZEN SURVEY 5,900.00 Total : 5,900.00 22120 2/4/2011 002364 NORTHEND TRUCK EQUIPMENT INC 1024707 101.042.000 GEAR BOXES FOR TRUCKS: PW 3,701.19 Total: 3,701.19 22121 2/4/2011 000652 OFFICE DEPOT INC. 548517234001 001.018.014 1099 FORMS 32.27 549260460001 001.032.000 SUPPLIES: PW 71.58 Page: 2 vchlist 02/04/2011 2:51:33PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher 22121 22122 22123 22124 22125 22126 22127 22128 22129 22130 22131 Date Vendor Invoice Fund/Dept Description/Account Amount 2/4/2011 000652 OFFICE DEPOT INC. 2/4/2011 000881 OXARC 2/4/2011 002531 SIX ROBBLEES INC 2/4/2011 001140 SPECIAL ASPHALT PRODUCTS 2/4/2011 000001 SPOKANE CO TREASURER 2/4/2011 000093 SPOKESMAN-REVIEW 2/4/2011 000311 SPRINT (Continued) 549261039001 SSN6293 58969 INVC053042 14500145 9020100016 241305 326088106-038 959698810-038 2/4/2011 002555 T. LARIVIERE EQUIPMENT&, EXCAVATII 1800 2/4/2011 000335 TIRE-RAMA 2/4/2011 002188 VALLEY BEST-WAY BLDG SUPPLY 2/4/2011 000087 VERIZON WIRELESS 8080009616 JANUARY 2011 0942676978 0942677749 6530718615 001.032.000 101.042.000 101.042.000 101.042.000 001.090.000 001.090.000 001.018.016 001.090.000 001.032.000 101.042,000 001.090.000 101.042.000 001.016.000 001.016.000 101.042.000 SUPPLIES: PW SUPPLIES:PW SHOP MAINT SUPPLIES STREET PATCH MIX Total: Total : Total: Total: 4TH QTR 2010: EXCISE&LIQUOR 1 2010 VOTER REGISTRATION COST Total: ADVERTISING:HR WAPS FOR LAPTOPS SPRINT CELL PHONES Total Total : ON-CALL ROAD GRADERS FOR SN Total: IGNITION SWITCH: DODGE CARAV. Total: SMALL TOOLS AND SUPPLIES:PVV Total : AIR CARD FOR SHERIFF AIR CARDS FOR POLICE DEPT AIR CARDS FOR ST MAINT BLDG. Total: 2.93 106.78 383.63 383.63 133.00 133.00 87225 872.25 5,615.40 50,000.00 55,615.40 502.80 502.80 445.19 955.10 1,400.29 8,740.00 8,740.00 218.42 218.42 81.76 81.76 43.01 860.58 215.05 1,118.64 Page: vch l ist 02104/20/1 2:51:33PM Voucher List Page: 4 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 22132 2/4/2011 002158 WILBUR-ELLIS COMPANY 5154036 101.042,000 MELTDOWN AP: PW 15,864.80 Total : 15,864.80 131110030 1/31/2011 000001 SPOKANE CO TREASURER JANUARY 2011 001.016.000 JANUARY 2011 SHERIFF SERVICE; 1,282,373.00 Total: 1,282,373.00 204110005 3/4/2011 000001 SPOKANE CO TREASURER JANUARY 2011 001.016,000 SPOKANE COUNTY SERVICES 181,199.94 Total: 181,199.94 36 Vouchers for bank code: apbank Bank total: 1,573,222.33 36 Vouchers in this report Total vouchers: 1,573,222.33 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,.due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 4 vchlist 02/11/2011 2:41:08PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 22133 22134 22135 22136 apbank Date Vendor Invoice 2/11/2011 001085 ACTIVE NETWORK, INC 2/11/2011 001081 ALSCO 2/11/2011 000334 ARGUS JANITORIAL LLC 2/11/2011 001606 BANNER BANK 22137 2/11/2011 000918 BLUE RIBBON LINEN SUPPLY INC 22138 2/11/2011 001148 COLUMBIA PAINT&COATINGS 22139 2/11/2011 001249 DISCOUNT SCHOOL SUPPLY 22140 2/11/2011 001877 DOBBINS, CHRIS 22141 2/11/2011 000070 INLAND POWER&LIGHT CO 22142 2/11/2011 000388 IRVIN WATER DIST.#6 22143 2/11/2011 000132 MODERN ELECTRIC WATER CO 4100004677 Jan 2011 INV005789 Fund/Dept Description/Account 001.076.000 SAFARI-MAINTENANCE RENEWAL Total : 001.016.000 FLOOR MATS: PRECINCT 001.016.000 JANITORIAL SVCS:JAN 2011 PREC Total: Total: 0620 001.011.000 JAN 2011:0620 4458 001.011.000 JAN 2011:4458 4720 101.042.000 JAN 2011:4720 6527 001.058.057 JAN 2011:6527 9196577 59196626 59197534 7934-7 P25428390102 Expenses 94202 January 2011 January 2011 Total : 001.076.305 LINEN SUPPLY AND SERVICE AT C 001.076.305 LINEN SUPPLY AND SERVICE AT C 001.076.305 LINEN SUPPLY AND SERVICE AT C Total : 001.076.305 SUPPLIES FOR CENTERPLACE Total 001.076.301 SUMMER PROGRAM SUPPLIES Total: 001.076.305 EXPENSE REIMBURSEMENT Total: 101.042.000 UTILITIES:PW 001.076.300 UTILITIES: PARKS 001.076.302 UTILITIES: PARKS Total: Total : Amount 3,394.15 3,394.15 39.52 39.52 2,165.23 2,165.23 738.40 45.00 449.40 213.00 1,445.80 232.67 64.38 35.64 332.69 873.61 873.61 261.64 261.64 43.47 4347 257.79 257.79 182.60 182.60 1,354.15 Page: 1 vchlist 02/11/2011 2:41:08PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 22143 2/11/2011 000132 000132 MODERN ELECTRIC WATER CO (Continued) Total : 1,354.15 22144 2/11/2011 000435 NCW CHAPTER OF ICC February 2011 001.058.057 REGISTRATION: GUERRY&POWE 590.00 Total: 590.00 22145 2/11/2011 001860 PLATT 9018817 001.076.305 SUPPLIES FOR CENTERPLACE 51.39 Total: 51.39 22146 2/11/2011 000709 SENSKE LAWN&TREE CARE INC. 3755233 001.076.300 CONTRACT MAINT:JANUARY 2011 48,215.07 4126778 001.016.000 CONTRACT MAINT:JANUARY 2011 73.92 Total : 48,288.99 22147 2/11/2011 000323 SPOKANE CO UTILITIES February 2011 001.076.302 SPOKANE COUNTY SEWER 1,751.24 Total: 1,751.24 22148 2/11/2011 002576 TUNE TALES MUSIC, INC Feb 2011 001.076.301 INSTRUCTOR PAYMENT:ALLEGRC 352.00 352.00 22149 2/11/2011 002597 TWISTED PAIR ENTERPRIZES L_L.0 212011 001.090.000 BROADCASTING COUNCIL MTGS C 480.00 480.00 Total: 22150 2/11/2011 000167 VERA WATER& POWER January 2011 22151 2/11/2011 002291 WACE February 2011 Total : 101.042.000 UTILITIES:JAN 2011 10,372.36 Total: 10,372.36 001.058.057 REGISTRATION WACE CONFEREN 75.00 75.00 Total: 20 Vouchers for bank code':" apbank- 20 Vouchers in this report Total Bank total : 127tsg 9ii- Total vouchers: 9:96.- 7;2 Page: 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-22-11 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending February 15, 2011 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 223,331.45 Benefits: $ 30,773.92 Total payroll $ 254,105.37 STAFF CONTACT: Raba Nimri ATTACHMENTS DRAFT MINUTES SPECIAL RETREAT MEETING SPOKANE VALLEY CITY COUNCIL CenterPlace Regional Event Center 2426 N Discovery Place,Room 213 Spokane Valley,Washington February 8, 2011 8:30 a.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Ken Thompson, Finance Director Bill Gothmann, Councilmember Cary Driskell,Acting City Attorney Brenda Grassel, Councilmember Mike Stone, Parks and Recreation Director Dean Grafos, Councilmember Neil Kersten, Public Works Director Kathy McClung, Community Development Dir. Absent: Bob McCaslin, Councilmember Rick Van Leuven,Police Chief John Hohman, Senior Engineer Morgan Koudelka, Sr. Administrative Analyst Others Present: Michelle Rasmussen,Administrative Assistant Nina Culver, Spokesman Review Carolbelle Branch, Public Information Officer Mike Huffman,Valley News Herald Chris Bainbridge, City Clerk Daniel Walters,The Pacific Northwest Inlander Citizens: John Carroll,Joe McGrath,Marc Peters, Diana Wilhite,and Arnie Woodward Mayor Towey opened the meeting at approximately 8:30 a.m., thanked everyone for attending, and reminded everyone that today's meeting is for the purpose of discussion and not debate. City Manager Jackson also welcomed everyone and said today's agenda is ambitious, but the purpose is to have an overview of the items, and if necessary, any of these items can be placed on a future council meeting agenda; and stated that today's topics are based on what we heard from the Finance Committee and/or Council as a whole, as desired agenda topics. 1. Contracting/Bidding—Cary Driskell/Neil Kersten Acting City Attorney Driskell explained that this topic is in response to Council's questions about encouraging us to buy local and/or adopting a local bid preference. He explained that this topic comes up periodically and said he put together a short summary and legal analysis concerning how the courts view this, as well as some policy reasons why it is highly recommended that local jurisdictions not engage in local bid preference, and that some of the reasons include: it becomes a barrier to interstate commerce and when tested, held to be unconstitutional; it encourages inflated prices which are borne by the taxpayers; makes some entities ineligible to receive federal funds such as from the F.A.A.; discourages local economic development which could result in bid protest lawsuits; and are contrary to free and open competition to minimize costs. Mr. Driskell also explained that it would be more harmful to businesses in the region, would be difficult to administer (what is a local bidder: lives within the city, landowner, or other criteria?), and said that the state statutes as well as city code require that public works contracts be awarded to the lowest responsible bidder, and said we have a responsibility to all taxpayers, and by awarding a local bidder preference we would be saying we'd be willing to pay a higher amount for local bids. Mayor Towey asked about the Tacoma HUB model and Mr. Driskell explained that it was challenged in 1983 and upheld but that was prior to the enactment of Initiative 200, which prohibits discrimination Retreat minutes:February 8,2011 Page 1 of 14 Approved by Council: DRAFT against or preferential treatment of women and minorities; and said having that as criteria would be problematic; he said staff could conduct further research but the Tacoma HUB model is the only model staff could find, and said such program requires a fair amount of staff to administer. Councilmember Gothmann said we should not give special treatment but as a matter of ethnical consistency, should treat everyone equally. Mr. Driskell added that the cost of projects increase in areas where this is permitted, and the quality suffers as it limits the availability of certain contractors who won't bid if they feel they won't have a fair opportunity. City Manager Jackson said that perhaps this is not the total picture of what we can do to encourage local businesses and shop locally; he said staff will look at economic development for ways to encourage people to shop locally without being contrary to law; he said a bid must be responsive and if the bidder meets all the criteria, we must look at low bid. Discussion ensued regarding the bid process and Councilmember Grassel asked about past experience if a lowest bidder then submits numerous change orders, and whether that is a consideration for future bids. Mr. Jackson stated that it is hard to eliminate a bid unless there are grounds to actually cancel the contract or consider the bid nonresponsive; that staff works to build the best bid document possible and said if we felt a change order was invalid, if would be challenged at the time, which he said often results in some type of settlement or compromise; and Finance Director Thompson added that by taking a bid other than the lowest responsive bidder, we are almost inviting a lawsuit. Public Works Director Kersten said for public works projects, the contractor must include a performance bond which guarantees their performance, and unless a project is not completed or the contractor is in default and can't get bonding, it would be difficult to exclude them from the bid; he said making an error on a bid is a different issue, but the performance bond guarantees they can do the job, and a default could result in the bond being called. Mr. Kersten said that he has heard concerns about Poe Asphalt being an Idaho company, but said they are actually a Washington contractor with corporate offices in Clarkston,Washington,that about fifty of their employees are from Washington and all the hiring is done from a union here in Spokane; adding if we tried to narrow down contractors to Spokane Valley there would not be many as about two-thirds of our bids come from outside the city. Councilmember Grafos asked how many bids were received for the Poe Contract, and Mr. Kersten said only two bids were received: one from Poe and the other from Rock Products, which was a little higher. Mr. Kersten said we use both companies but we must choose the contract based on the numbers and Poe was lower; adding that we actually had not worked very much with Poe before that contract so staff didn't know either contractor well as Spokane County had previously handled the maintenance; and said not many contractors are geared to do service contracts, but as time goes on companies are finding out what it's like to work with us and we're getting a little more responses, and Councilmember Grafos added that as the city gains more experience and fine tunes the contract, perhaps more companies will be less reluctant to come forward and we may get more bids. Mr. Kersten also mentioned that asphalt companies are very bid-oriented, and there are not too many interested in this type of work. Parks and Recreation Director Stone added that even after five years, there were only three bids for park maintenance and said the challenge is that the service contract is a new area and when companies realize the requirements involve "24/7 availability" many are not prepared to take on that responsibility; that Senske was an unknown and we had to take some risks as their provided service could include mowing six times a month or four, or cleaning up graffiti once a month or once a week; but that it has worked out well and has opened doors for Senske to repeat their process in other municipalities; and said he feels the service contract is becoming more prevalent and that Spokane Valley has become a leader in that type of contract. Deputy Mayor Schimmels said the only exception would be WSDOT (Washington State Department of Transportation), as they have pre-qualified contractors only and if one is not pre-qualified, they won't even get a set of plans; and he asked if we have a mandatory pre-bid conference wherein if a contractor didn't attend, they would not be allowed to bid. Mr. Driskell said staff has examined that question, and if the bid is responsive,they can't be excluded by not attending a pre-bid conference. Mr. Stone added that Parks and Recreation has pre-bids but does not state they are mandatory, and said if a bidder doesn't attend, staff still goes through the process with them if they are the awarded bidder. Retreat minutes:February 8,2011 Page 2 of 14 Approved by Council: DRAFT 2. Economic Development—Mike Jackson,Kathy McClung,Ken Thompson City Manager Jackson said this topic has been discussed at finance committee meetings, and they had a meeting where examples were shown of what other cities had done; said that he hopes sales tax is at it appears to be, which is flat and no longer declining; that we realize we have vacant businesses and a desire has been expressed by the finance committee to look at developing an economic development plan, and as such, this is the first discussion with the full council; or if council prefers, we can take another direction; and he brought Council's attention to the materials in the packet, including the list of financial incentives available to cities; he said we need to decide what we want to accomplish then take a better look at the tools available; and said there is a wealth of information available on economic development, and included in our packet is the Woodinville's Plan; he said he met with Robin Toth from GSI (Greater Spokane, Inc.) and discussed the topic with the Valley Chamber, Spokane Business Association, and other agencies in the area which support economic development, and said he wanted Ms. Toth and others to know that as we start to talk about a plan, we don't want to duplicate anything but rather to fill any gaps and make sure we know we're doing all we can to promote economic development. One aspect to consider, he said, is how far do we take economic development; some communities allocate resources, do we do likewise or re-allocate the way we use current resources; and added that this does not necessarily mean additional staff. Mr. Jackson said the ultimate objective is that next year in the comprehensive plan, council could consider establishing some permanent goals for economic development, that there are a number of economic development goals included in the plan, so we need to identify and review the tools we already have and the goals already set. Community Development Director McClung said she has never worked directly as an economic development coordinator, but has worked in a few cities where they had economic development programs, such as Federal Way, which began with a staff position partially funded through their Chamber of Commerce; she said that "never really took off' so they hired a city employee to do economic development,which person worked for her and after a while was transferred to the City Manager; she said while the staff was under her direction, they wrote an Economic Development Chapter. Ms. McClung said they also had a council sub-committee which had a work program and met twice a month,which sub- committee was very popular with the community and which meetings were attended by citizens who came to listen;that they worked on tourism and tried to attract new businesses,but the major focus was to try to get their city center going. Ms. McClung said she would like to discuss a conceptual plan and have Council brainstorm some goals to determine the preferred direction; she said we have a comprehensive plan chapter that discusses economic development and that chapter can be modified;that we actively work with some agencies who do parts of what we'd like such a program to do, like incubator businesses, and said she would like to delve more into what they are doing and what we could work on,with the goal of identifying the gaps of what the city can help with. She mentioned components of a plan could include good information about the community such as demographics, and said we would need data on our community in order to identify the gaps and therefore establish future goals and policies, and to be able to prioritize the program; and she mentioned the concept of a plan should be discussed further at future council meetings. Ms. McClung asked if a committee should be formed and if so, roles need to be identified and tasks formulated; she said the committee would need defined tasks approved by full council, and said staff is also available to help craft, review and work toward a plan, adding that we might consider including a public forum in order to educate the public on the concept. Ms. McClung said examples of issues to address in a work program might include fast tracking of permits for certain types of businesses we are trying to attract, modify zoning to enhance certain areas, work with commercial brokers to facilitate new tenants, and review tax incentives, for example,what can we do to promote businesses to locate along Trent. Retreat minutes:February 8,2011 Page 3 of 14 Approved by Council: DRAFT Finance Director Thompson went over his outline on the white board, similar to the material in the packet, and said he feels there is benefit from talking to other community organizations that touch on this area, such as Greater Spokane, Inc., International Trade Alliance, Spokane Valley Chamber of Commerce, Global Trade Services, and perhaps others; that they are doing things which would complement and not duplicate what we would be doing. Mr. Thompson said that council would also need to determine what they mean by, and what they want from, Economic Development, such as more living wage jobs, increase in sales tax, growth in assessed values to generate more revenues, job retention, tourism, and business retention, and stressed the need not to forget those businesses already here. He said perhaps we would need to run a sewer line or widen a street and may need to find out costs for that, or perhaps even hire a consulting engineer to find out those things. Mr. Thompson said whatever program is chosen, it must be a public improvement; and said for example, on a specific project, we could agree to reimburse the property owner over a number of years and use that money we receive over a period of years to pay off the debt that we use to build the street or for what they incur to build those same things; he mentioned local improvement districts (LID) where we would make the improvements then assess all those property owners, adding that there are numerous steps to take in forming an LID but it is possible; or another example would be for undeveloped property with no sewer,the city would build the sewer line and get repaid via late comer's agreement; and he added that most jobs are created with small businesses expanding. Mr. Jackson mentioned the packet material "Greater Spokane Incorporated November 18, 2010 `Boost Your EQ— and went over the list of top attractions to a business moving to Spokane Valley; and he added that he read a National League of Cities article which discussed the role of elected officials in economic development and said the one outstanding thought is that we need an economic development plan that is true to our community and one which recognizes community values, or it (the plan) won't be successful; he said such planning cannot be done in a vacuum and requires community involvement; that it should result in a concise workplan, and won't be accomplished all at once, but rather would be will done over time,that the plan needs to keep its momentum and be manageable with measurable results. Mr. Jackson added it is critical that we work with existing businesses and a cost benefit analysis needs to be performed so we will know what the return will be on the investment; and he asked council if they wanted to try to work through some ideas and goals now or consider this for future meetings. Ms. McClung asked if there is an aspect that Council agrees they can move forward with, or would Council like to discuss specific goals to include as part of the comp plan, or whether Council would like to consider forming a sub- committee. Discussion ensued with Mayor Towey voicing an opinion that the first step is to form a plan based on a specific model that Council wants, to take this one step at a time, to have our model enhance whatever else is done by groups such as GSI,that we should connect with experts, and that our model should be for the benefit of Spokane Valley. Comments included the idea using parts of the Woodinville plan, getting help from entities such as Global Economic Development, the Sports Commission, and the Convention and Visitor's Bureau (CVB); and to market our plan regionally. Councilmember Grassel mentioned the completion of the Spokane River Water Trail and she distributed copies of a January 31, 2011 letter from the CVB concerning that idea. Mr. Jackson suggested we look at what we are currently providing, that there have been changes to the zoning code to widen opportunities for business owners, we have park developments, excellent infrastructure, a low tax base with no impact fees, and our area is a good economical place in which to do business, and said we should celebrate our successes like streamlining our permit process. Councilmember Grafos said he agrees with Mr. Jackson and if Council determines to form a committee to develop a plan, it must be feasible, affordable, make sense, and we should prioritize the different areas and use existing resources to help the citizens. Deputy Mayor Schimmels said he favors such committee and mentioned it would be practical for forming such things as a medical center, and mentioned a lot of vacant property exists in the area of Pines to Evergreen, and Mission to Sinto; and Ms. McClung agreed that would be a good project, to identify a medical district and stress the cross- Retreat minutes:February 8,2011 Page 4 of 14 Approved by Council: DRAFT benefits that doctors could use for advertising, and perhaps even include identifying banners on street lights. Deputy Mayor Schimmels also suggested looking at the Trent Avenue area to see what could be done to mend that and keep businesses. Ms. McClung said that they have examined some of those properties, and they are historically used for what they are being used for now, and they don't match the zoning so that is a problem. Deputy Mayor Schimmels mentioned the Sprague area Pines to Havana and Havana to Fancher which has been uplifted in the last few years so that it looks a little better, but added there is a lot of car traffic, and he asked about sewer in that area. Public Works Director Kersten said that the county has the sewer program and the program ends next year; that they are building out all the areas they intend to sewer, but the area between the River and Trent is not sewered, making it difficult for businesses to locate there. Additional discussion followed concerning sewering areas, late comer's agreements, and mention that that is the type of area upon which to focus: to look at options to help provide sewer and encourage development in that area. A list of items for a committee to consider included determining who should participate on the committee, what are we already doing, what do other groups and agencies do for economic development; form a plan that is feasible, do-able, affordable, is an immediate help to citizens, includes Spokane Valley values, and to prioritize the items to consider; for the shoreline to keep a plan flexible to take advantage of the River, and to include stakeholders such as hotel/motel association, CVB, and Sports Commission to name a few; and to define the difference between the community and business. Mayor Towey called for a break at 10:05 a.m. and the meeting reconvened at 10:20 a.m. 3. Council Governance Manual—Mike Jackson City Manager Jackson explained that Mayor Towey had suggested the Governance Committee work through the Governance Manual and then during various study session meetings, have the whole council go through the manual a section at a time thereby giving everyone an opportunity to discuss the manual and any desired changes, and stated that City Clerk Bainbridge has also gone through the manual and has some suggested changes. Ms. Bainbridge said that she has a suggested "red-line" version of the manual for council's review, which includes such things as adding a section on Executive Sessions, quick parliamentary procedure, the "agenda committee, " to clarify some of the text, and to consider omitting some of the charts and exhibits. Councilmember Gothmann added that the overarching goal or purpose of the manual is to allow government to proceed in an orderly fashion and to obey the laws as well as the intent of the laws, and said it is also convenient to have it all in one place. Mr. Jackson mentioned the manual from Bainbridge Island,which Ms. Bainbridge said is a near duplicate of ours, and mentioned that Councilmembers can get a copy of that manual from Ms. Bainbridge. Mayor Towey said he feels it would be beneficial to spend time during the next six months,to go through the sections one at a time, and there was no objection from other councilmembers. 4. City Hall Options—Neal Kersten Mr. Jackson said council goal #6 is to "explore a range of options for a city hall" and that so far, while some options have been considered, council hasn't explored a range of options; that in discussions at the Finance Committee on the $450,000 annual cost to lease the current space at city hall, Mr. Kersten has examined the Mirabeau Point Complex in terms of feasibility of a city hall and whether it could fit on the landscape, or to consider renovating another area building, and that the ultimate decision will be Council's. Mr. Kersten then gave a brief history of costs and past research concerning a city hall program; he explained that in 2008 we had a city hall study done which concluded we would need a building of approximately 43,000 square feet of office space for an estimated straight construction cost of $14 million; and that contingencies such as furniture and fixtures would amount to about $1 million, and Washington tax would include about another$5 million for a total price of$19 million. Mr. Kersten said the current space which does not include any of the common shared space such as stairs, restrooms, is about 28,000 square feet, that usually another six to seven thousand square feet would be needed for the Retreat minutes:February 8,2011 Page 5 of 14 Approved by Council: DRAFT mechanics of the building, air circulation, etc., so if we were to just replace what he have now, we would need about 35 or 36,000 square feet. Mr. Thompson added that the current rent goes up about 3% each March, and if we converted the current rent to debt retirement, it would retire about $7 million, leaving about a ten to twelve million dollar shortfall in terms of how to pay for construction, plus maintenance and utility costs. Mr. Kersten then led the group across the hall so everyone could see the area if we were to consider a city hall on the premises currently housing CenterPlace; and Mr. Kersten said it appears feasible to build a building of that size on the property, but it would encroach on the falls area; and Mr. Stone added that wedding parties currently use the outside patio quite often so a city hall building that close would have an effect on events at CenterPlace. Mr. Kersten also mentioned the area where the City's property line ceases, and said that the area up beyond the trees is also privately owned. Mr. Kersten said any comparisons would be on a case-by-case basis; that we could save a lot of money if we bought or renovated, but there are not many options out there and it is tough to build new in the current economy, compared with renting. Mr. Jackson mentioned that the current city hall was for sale a few years ago,but the negotiations "didn't pencil out." Mayor Towey said he knows park space in Spokane Valley is very limited, that we have less park space per capita than most cities our size. Councilmember Gothmann added that studies have shown we have much more commercial space then we can support and less park space; and said it would seem we should build on a commercial zone as that would be a wiser use of land; he said we need to develop some scientific facts, and that would be a core question to ask citizens, or to ask a series of questions via a survey, or focus groups, or informational ballot as we don't know what citizens want. Mr. Thompson said the current least expires 2013, but that is probably negotiable, and that the current building, if it were for sale, would include all the wing buildings except for Daybreak and Tire Rama, which Mr. Kersten said was part of the problem as it didn't fit our needs. Mr. Driskell said if council is interested in this site here at CenterPlace, we would need a more detailed analysis, as well as a public process; and said the whole point is subject to a MasterPlan for all 236 acres; that this building is one of five subarea complexes which was contemplated within the community complex for this part to have a building for civic and senior activities; and said it is not clear a second city or civic facility was contemplated,and said arguably placing a city hall on that site could get into some of the environmental concerns, and that he would need to research this through the Mirabeau Point Association which enforces the CC&Rs (covenants, conditions and restrictions). Mayor Towey agreed we would need more information on citizen input on this issue, including whether we keep paying rent, or relocate, and if so, where we would relocate. Mr. Jackson agreed that focus groups are an excellent mechanism for engaging citizen dialogue; and that sometimes it is difficult to make conclusions from a survey, although having at least 400 responses does give the survey results confidence. Mr. Jackson said staff can put together a plan, along with options, for council's review and council can determine whether they would like to do something like a survey this year or sometime in the future; and he said this group will talk later today about long range goals and perhaps could package some economic development questions together with city hall issues in order to gain the full breadth of the issue; and said that a city hall is more than just a building to house employees. Councilmember Gothmann said he feels one could parlay a city hall into some type of economic development, and Mr. Jackson said in some ways it makes it more accessible to try to conduct a survey to encompass as much as possible. Councilmember Grassel said regarding the process of forming a committee, a task for that committee to discuss could be they would need the facts before putting forth the issue to citizens, and said options and cost breakdowns should be included as part of the entire economic plan. Councilmember Gothmann said he would be happy to develop a model using present value as the cost would not be the same now as it would be ten years from now, or an internal rate of return model; that if the cost of a building today was $14 million, that would be worth much less several years from now, and suggested using a present value model. Councilmember Grafos said if we conduct a survey, it should be specific about the project costs; and if citizens want a city hall, are they willing to pay for it,how to pay for it, and its location. Mr. Jackson said Retreat minutes:February 8,2011 Page 6 of 14 Approved by Council: DRAFT if we included this topic in a survey concerning economic development, that it would be natural to separate out the city hall issue and identify that scope; adding that the largest part of the cost of the survey is its distribution; and after all discussion, it appeared council would like to move forward with a survey. 5. Setting Law Enforcement Goals—Mike Jackson, Rick VanLeuven City Manager Jackson explained that the first element to discuss is the reduction in shared resources that is being proposed or implemented by the Sheriff's office, including the reduction in forces being made by the Sheriff and how that impacts us and how we are planning to implement performance measures to measure past performance with shared resources, as well as measure that in this and subsequent years; he said at some point there may be a need to make additional cuts in category 2, or to reinstate some of those positions; he said last year council approved a new contract, but now it has become necessary to examine these issues due to the reductions in force; and said it will be difficult to achieve as we know the County has different circumstances, adding that the goals would also be subject to change. The second element, Mr. Jackson explained, is the law enforcement goals, and said it would be good to have council input in those goals, and said staff, in particular Administrative Analyst Koudelka, has been trying to implement the process and come up with a good set of goals, which of course could be refined over time. Chief VanLeuven went over the 2010 and 2011 sheets and current changes and discussed how those positions are allocated, including what each division's duties include. Chief VanLeuven said that some of the positions were grant-funded in 2011 which were not funded in 2010,which saved at least one position; he said with the reductions made, there could be more, and stressed that the impact is at the line level of enforcement. He said this is the first year having a cost allocation plan and they are doing their best to make sure all positions are filled in order to operate at Spokane Valley's desired service level. Concerning the ability to measure the impact of this 6.5 reduction in staff, Mr. Jackson said we have that ability currently and said he is confident Chief VanLeuven can sustain the level of service through the changes, but said if there are additional reductions next year, at some point it will be difficult not to impact the service and we will need and want the ability to measure that; he said the reduction will result in a cost savings of about $300,000 achieved throughout the year, but there could be other costs that change so it is difficult to call it a savings, but certainly it is a reduction in costs. Mr. Jackson said according to the contract, we and the Sheriffs Office must mutually agree on changes, and said he hopes to contain this in each budget year and next year determine the budget of the sheriffs office before we finalize our own budget; and that the main point is with the 6.5 reduction in category 2, we feel we can provide the same level of service as done in the past; and that when a position is funded through grants or other mechanisms, that is not necessarily a permanent funding source; it could change and such change could create a dramatic cost difference if a grant terminates. Councilmember Gothmann suggested the idea of identifying positions that are funded through grants and then discuss the two types of goals; i.e. internal goals like operational goals, and other goals relative to the community; and Mr. Jackson said he would like to get Council's input in writing for proposed law enforcement goals, and he asked if council has law enforcement goals in mind to discuss now or would prefer to come back another time to hold that discussion. Councilmember Gothmann said he was impressed with how Shoreline did their goals, and that he would prefer coming back later for this discussion and other councilmembers did not object to that idea. Mr. Jackson said we can also examine Shoreline's goals. There was further discussion concerning our own police monthly report and the statistical information contained therein. Chief VanLeuven then gave the highlights of the 2011 proposed goals. Senior Administrative Analyst Koudelka spoke concerning the goals in general and the performance measures; he said that the officer's worksheet was part of the exhibits attached to the contract adopted by council that begin in 2010; and that the purpose of the exhibit was to provide a way to control costs and address levels of service and know how many commissioned officers we are responsible for; that staff would like to work through a year of this contract and see how things are working;that the task is difficult as we seek to identify what people we are responsible for and receiving services from, then split that out Retreat minutes:February 8,2011 Page 7 of 14 Approved by Council: DRAFT according to the revenue stream that's paying for the position; next time, he explained, he would like to develop a more useful tool for the city manager and council to be able to quickly see what officers are serving Spokane Valley and what changes, if any, are made; and said having a list of staff of Spokane Valley Police Department and what they are and what they do will be helpful in understanding the big picture of what's being provided to citizens; and he said that his assistant Mr. Pietro has created a monitoring and reporting form where we get quarterly statistics from the County showing the majority of costs based upon usage for city, determined by workload numbers, and by plugging in those details, we hope to project costs for the year and into the future, so we can be prepared for cost fluctuations and thereby make adjustments when and if necessary; he said this is still missing the service level assessment and we need a way for all these service components to measure the performance we are receiving as well as the service level; and to have quarterly reporting on that so we don't have to wait two years for a survey to see how we're doing, which, he said would help in making budget decisions and to establish a correlation between cost and level of service. Mr. Koudelka said that we have limited resources to work with, that incorporating the cost component into the level of service and the community expectations is huge, and that they can best allocate those resources when we understand how resources correlate to the service centers we are funding; he said to compare the cost to service, we look at goals and efficiencies to identify and measure that along the way, which, he said is something we are doing within each department; but we don't have the luxury to add programs or fund new positions and as many others, we have to make do with less. Mr. Koudelka said response time is an important factor to measure; how are we staffing according to peak times and how many officers are responding to a particular call and how to prioritize those calls; and said that the Chief does a great job with that as he has the data available,we just need to make sure we understand how that's used so that the Chief can continue to meet the law enforcement needs of the community and council while staff works to control costs while paying attention to those needs; which he said boils down to working together to understand each other's roll and achieve the common goals with the resources available. Chief VanLeuven confirmed that his officers prioritize every call they respond to,and have policies and procedures on how to respond to any call type. City Manager Jackson said it is a complex procedure to take all these measurements into consideration and mentioned the importance of measuring everything because of the impact on us when the Sheriffs Office makes changes; and said we will continue to work on performance indicators and measurements; and again mentioned the need to gain council's opinions on goals; that this could be a study session item and/or we could invite the public for additional input. Councilmember Gothmann suggested staff develop a set of public and internal goals and bring that back for council review; and Councilmember Grassel mentioned the need to get the message out to more of the public, and suggested perhaps having quarterly community meetings. The SCOPE quarterly newsletter and Police Department's monthly reports were mentioned and Chief VanLeuven said he could include in his monthly report, a list of public functions he attends as a means to further inform citizens. The idea of community meetings was further discussed, including having a meeting in various sections of the city, and sending citizens mail to keep them informed of meetings and of issues; and Councilmember Grassel mentioned the possibility of having an ombudsman as a means for citizens to address their frustrations. City Manager Jackson said staff will work to have a draft set of goals for council to review by the end of the first quarter. At 12:05 p.m.the group stopped for lunch; and the meeting reconvened at approximately 12:37 p.m. 6. Financial Matters—Ken Thompson,Mike Jackson City Manager Jackson said that one of the City's financial objectives through 2014 included maintaining a minimum general fund ending balance of 15% of revenues; and said in advance of the 2012 budget preparation, he wanted to review the current finances but to also have a budgeting philosophy or goal directed toward the ending fund balance so staff knows the parameters in which to work; he said there is plenty of time to conduct more research; and he reminded council about the $500,000 transfer from the civil facilities fund as a "nest egg" for capital projects. In discussing the several funds, Finance Director Retreat minutes:February 8,2011 Page 8 of 14 Approved by Council: DRAFT Thompson explained that one of the goals is to keep the service level stabilization reserve fund at $5.4 million, and said he feels we will be there at the end of 2010; said the civic facilities capital projects fund is being used for the full-width paveback so we are down to about$4.3 million, and he went through a list of other funds and reserves and their purpose; and said one of the things we will need in the future is an equipment fund since we now own plowing equipment,which will eventually need to be replaced;he said all the departments coming in at 3% under budget was beneficial, and because we budget so conservatively, we will have about $27.1 million as a ending fund balance in the general fund for 2010, which is an increase over the $24.6 million ending fund balance in 2009; and said when calculating the end of the 2010 budget, most of the various reserve funds will likely be more than expected. In an attempt to find ways to spend more on capital projects or pavement management, Mr. Thompson said staff is suggesting capping the general fund balance end-of-year reserves at $26 million, and anything in excess of that, to take 40% of that excess amount to be used as matching funds for state and/or federal grants, which could be added to that $.5 million in that budget which would give us about $940,000 as a start. Mr. Thompson explained that most operating funds fall under the general fund, that streets and stormwater are separate;that we projected a 5%increase for each year and account for spending less than budgeted, so he feels the projected$27.1 million ending fund balance for 2010 will be fairly accurate, and we could actually even have a little more than projected. Mr. Jackson said the objective is to recognize that we are very fortunate to have $26 million as an ending fund balance; as a new city we started out very frugal and had the philosophy that there would be ups and downs through the years and the intent was to level that out, yet have funds available to help in the lean years; he said Council will find out just how lean we are when comparing us to other cities, and said as we address our long range plan, we propose protecting the $26 million, adding that this economy is far too uncertain to spend that down;that in a few years if we have growth in sales tax,then that would be the time to re-evaluate; he said staff arrived at 40% because we are still putting the majority of funds to the ending fund balance. Mr. Jackson stressed we will continue to support those "red" funds listed on Mr. Thompson's list, but always protect our future; and as the economy improves, we could look at reducing that ending fund reserve, but he stressed that the future at this point is very uncertain. Mr. Jackson stated that we have a healthy, financially sound city and that feels good; and said he also feels if we didn't have that reserve now,we would probably be in the same financial condition as so many other struggling cities. Further, Mr. Jackson said that most of our business plans included requests for additional positions and services we could offer, but we backed off those ideas when the economy fell; and stated with this plan, we will always protect the principle of the city in terms of an ending fund balance. Mr. Jackson said council doesn't have to resolve this today, but he wanted to address this idea well in advance of 2012 budget preparation, and said he would like to develop another budget policy in terms of how we handle our ending fund balance, including discussions about at what point do you start to look at more drastic reductions in service; what is the willingness of the city to spend down, that we realize we can financially make it through 2015 but after that, it is unknown. Mr. Jackson said having a 15% carryover will not get a city out of crisis, and said this is why we see so many cities in financial trouble as that only amounts to about two months of operating expenses. Councilmember Gothmann added that we also need to keep in mind that although the economy appears to be improving a little, we are not yet out of this recession. There were no Council objections to capping the general fund reserves at $26 million as noted. Mr. Jackson stated that he realizes this is not the time to discuss an additional revenue stream, even though most municipalities realize that revenues from sales and property taxes will not fund public works, community development, street preservation, capital projects, and law enforcement and that it will take an additional revenue stream. Mr. Jackson said staff is working to hold down the expenses in these times of low revenues; and that he would hate to see a policy that wouldn't allow us to use any of that in the lean years. Councilmember Grafos agreed with the cap but suggested "working it from both ends" since we are not in a growth mode, but to attack it from both sides to grow revenues for the City. Mr. Thompson reminded everyone that there will always be more street and park projects than we have funds Retreat minutes:February 8,2011 Page 9 of 14 Approved by Council: DRAFT for. Mr. Jackson further pointed out that page 70 of our budget shows the street capital improvement fund of$500,000; and said it is important to note we have reserves and are setting aside funds for future needs and that many cities are not able to do; that we will need future renovation for replacement of this and other buildings, and as we acquire snowplows and other equipment, we will need to determine how much to set aside; and said we will work together to develop a budget statement along those lines and bring this back to council at a future meeting; and said we will follow that"rule of thumb" and likely include that in the 2012 budget as part of the budget philosophy. 7. Council long-Range Plans—Mayor Towey, Mike Jackson Mr. Jackson said Mayor Towey has proposed this topic so Council could look at long-range goals for the city and to tie that in with economic development; and said there are several examples in the packet of goals we currently have; and that the comprehensive plan has a number of land use goals and economic development goals, and he mentioned some examples on page 17 in the council packet materials; and added that the Parks and Recreation Plan includes goals and objectives as well. Mr. Jackson asked if Council prefers to discuss and brainstorm long-range plans, or start on the economic development plan and go on from there. Mayor Towey said he feels the first step should be economic development goals, and said as we move further in 2011 to include that topic in the summer retreat; and said that he feels we will have to determine the long term goals,try to assess what the economy will look like in the future;to incorporate the funding and overall plan and determine how best to implement that plan; and said the "experts" are saying that this recession is different from other recessions due to the uncertainty of when it will turn around; but said he feels we should discuss what the next five to six years will look like; adding that some of the goals in the comprehensive plan were done at a different time and in a different situation. Councilmember Gothmann said he feels Council needs to consult with their constituents through some type of data gathering in order to find out what they want. Mayor Towey reiterated what Mr. Jackson said earlier, that it is a good feeling knowing we're in the financial situation we are in and we are fairly comfortable, but said he knows things can turn around quickly; and he feels if not addressed now, this is something to address during the summer budget retreat. Councilmember Grafos said he agreed, but that council does not want to codify those goals into our comp plan because the economy is so uncertain and he suggested not putting something in there that would be so specific as to "tie our hands." Mr. Jackson suggested council review the comp plan goals to make sure they are sustainable over the long term; and Councilmember Grafos said in reference to having goals for a specific area such as auto row, we don't know if we can do that in this economy, and said he feels the need to be more general. Councilmember Gothmann explained that the policies and the goals are different; that it is the policy that implements the goal. Mr. Jackson agreed that economic development has a long-range impact so that might be a good place to start, and he asked council if they had anything specific or wanted to address any deficiencies in the city services or community. Councilmember Grassel suggested it may be time to look at the structure of the budget to make sure the needs are prioritized before any "wants" are projected; and said that maintenance and preservation should be a mandatory line item;that it is a huge cost to citizens, and again stated that she would like to re-visit the structure of the budget; she said there are a lot of nice ideas in here, but she is not sure she would agree with several of the goals in that they were written to accompany SARP (Sprague/Appleway Revitalization Plan). Mr. Jackson stated that council can discuss the priority of those goals;that he feels it is difficult if we set a goal to accomplish street preservation in that just like any city's general fund, it will fall short of that goal; and he said that is the basic problem with any city; as criminal justice takes the majority of property and sales tax; and he asked what for example, are very basic things we can do for code enforcement; that there are numerous unkempt properties which have weed and other issues, and said we can go a long way in improving the appearance of the community through code enforcement;that the amount of money needed for preservation and capital projects is about $6 million a year depending on grants and REET(real estate excise taxes) funds, and said no city can pay for their own infrastructure without federal and state grants. Further, Mr. Jackson said that the current goals were discussed at many meetings;that the comp plan goals is a topic for future review, and that not Retreat minutes:February 8,2011 Page 10 of 14 Approved by Council: DRAFT all goals need to be wrapped up in the comp plan. Mr. Jackson explained that he envisions a process of council going through the economic development plan and establishing goals there; and move on from there to other long range goals; and said he would like to establish a process with this council, during a community forum, to start with economic development, and in terms of the comp plan goals, that would have to be put on the docket in the fall for council's review for the 2012 comp plan changes. Community Development Director McClung suggested looking at economic development as something that will impact land use or transportation; and those would go into those chapters as they get discussed; and she mentioned that state statutes require cities to have a major comp plan update, which is due by 2013, and such review would include water districts, sewer districts, school districts, etc., and that would be a good time to look at those goals. Mr. Jackson said we start with economic development and those goals council comes up with should go into the comp plan;that he feels that would be a more complete set; and that would be a document that is passed on; and said the test of any good plan is to be able to withstand change,and that it is perfectly normal to revise such plan from time to time. 8. 2011 Washington State Legislative Agenda—Mayor Towey In anticipation for next week's trip to Olympia for the legislative session, Mr. Jackson said the most recent update includes the port of entry legislation,which will be dropped after this discussion takes place as it appears this has become very narrow to only apply to cattle trucks in the Spokane Region up to the Canadian border; that the Spokane Valley Partners testified in support of their project and it apparently went well; that other issues include seeking funding for the Park Road pool; law enforcement support, which he said seems to have sparked some disagreement if this would be an additional tax measure if separate districts were formed; and he mentioned the proposal to relax some of the SEPA (State Environmental Policy Act) regulations. Community Development Director McClung said that initially she thought it was going to undergo some minor changes, but now appears there is more to it; that the proposal is to have the state eliminate the review for things already covered under our codes and ordinances; she said cities have very much progressed as required by the GMA (Growth Management Act) and cover a lot of the things SEPA was going to cover; that some cities are now hesitant to make changes; and she said she felt the idea was to eliminate duplicity but have the ability to catch the things that might "fall through the cracks." Mr. Jackson added that one of the components dealt with project boundaries overlapping two jurisdictions, with the idea of following the regulations of the entity that is least restrictive. Mr. Jackson said he anticipates more discussion on this topic when they are in Olympia. 9. Snow Removal Recap—Neil Kersten Public Works Director Kersten went over the Winter Snow Operations Plan and what was accomplished last year;that they put out a bid for road graders to provide snow removal, and in November had about six different contractors on line at hourly rates; he said it was fortunate we did that as we ended up plowing the whole city twice, which he said is pretty unusual; he said the system worked well; he said with about "fourteen or fifteen graders running 24/7 we can plow the city in two to three days depending on how bad the snowfall was." He explained that they did all residential flat areas and hills, and concentrated on the arterials; that it costs about $65,000 each time we plow all the residentials, and said they did that twice. Mr. Kersten said they hired one additional staff person, the mechanic position previously approved, and he worked out very well; that last year they used Poe's mechanic heavily, but this year we used our own so the cost of the Poe contract went way down; he said we will be using Poe's divers now and our equipment. Mr. Kersten also mentioned he is looking at some new sites for the City's maintenance shop. Concerning equipment, Mr. Kersten said that WSDOT (Washington State Department of Transportation) had one very good used truck and we bought it and it is an excellent truck, and said we probably will not buy anything next year, but will start to look at the age of the older trucks and get into a replacement process; adding that he also got the backhoe loader where they were leasing one from Poe, so those costs disappeared. During the heavy snow at Thanksgiving time, he said he ran out of staff to be with Poe drivers, that we have one of our drivers leading the hired contractors, and said he has a couple ideas concerning hiring two more people;that there is $300,000 in the stormwater funds, and they would plenty Retreat minutes:February 8,2011 Page 11 of 14 Approved by Council: DRAFT of work to do in the winter, and they could vactor during other seasons, or handle the street signs, but not the traffic signals. Mr. Kersten said currently Spokane County handles our street signs for us at about a three-quarter time person, and said he spoke with the County and they don't mind if we do this and that it would not affect their staffing levels; and again stated he would have enough work to keep two staff busy when they are not plowing snow, and said he will refine that for next year's budget. Mr. Kersten said it has been a great budget year for this winter and he is still way under budget; that in November and December he spent a little over $300,000, and said even though those months had a snowfall well above average, they are still way under budget; that his department has worked very efficiently while keeping the desired level of service; and Councilmember Grafos mentioned that many citizens felt our city did a great job with snow plowing this year. The group took a break at 2:05 p.m. and reconvened at 2:20 p.m. 10. Solid Waste—Deputy Mayor Schimmels,Neil Kersten, Cary Driskell Mr. Jackson said that last week's two-day summit on solid waste ended with a request to work on a task force committee, which was initially slated to begin next week but will be re-scheduled due to the upcoming City Legislative Action Conference (CLAC) in Olympia; and that so far the committee includes, among others: Commissioner French, Mayor VanOrman, Mayor Trulove, and Deputy Mayor Schimmels; and Mr. Jackson, upon hearing no objections, said he will notify the committee that our representatives will include Deputy Mayor Schimmels and Councilmember Gothmann. City Manager Jackson explained he had another meeting to attend, but that Acting City Attorney Driskell and Public Works Director Kersten recently met with the city and the county to discuss our contract, and that the proposal is to extend our contract through 2014 and insert language that we would not be bound to the bond payments upon the termination of our contract, which he said was a concern of ours. Mr. Kersten added that the Wheelabrator contract increases $3 a ton, and the current cap is about 250,000 tons, so they'll get paid for another 30,000 tons; that they'll receive $3 million over the three-year period to do contract management for the $15 million capital improvements, so overall fees paid to Wheelabrator will increase $2.5 to $3 million a year; under the new interlocal, the city can raise the tipping fee (1) if they issue a bond to pay debt retirement; (2)initiate an increase for that base fee operation to $3 per ton; and (3) create a solid waste system reserve account. Mr. Kersten said in essence, there are currently no reserves and they want a reserve account in order to have funds to operate, although they didn't indicate the amount of dollars desired in such account. Further, Mr. Kersten said based on information Russ Menke (Director, Spokane Regional Solid Waste System) put together last week, he mentioned a utility tax, but Mr. Kersten said the County would indicate they can't do a utility tax, so probably we would be looking at least a $20 to $25 tipping fee increase for this three-year period. Mr. Kersten said at the end of 2014, if they opted out,the $15 million would be amortized over a fifteen-year period; and said if you opt out over the three years, you won't have to pay for that, so it creates an interim period; and said the process would be to upgrade the plant, get it going, send out a new bid, determine the new fee, and toward the end of the process assess the cost of long-haul, or there is the option of building one's own landfill. Councilmember Gothmann asked about the option of opting out for the disposal but staying with the group for other parts, such as clean green; and Mr. Kersten said there will be limited hazardous waste pickup and recycling. Councilmember Gothmann then summarized the options our city will be facing would include to do it all except disposal and stay with the group, or continue the disposal at the waste-to-energy plant. Mr. Kersten also mentioned that during that three-year period, the facility at Fishpath will develop and we'll start to see if that is successful; that it could divert a good deal of food and yard waste; and said if Waste Management builds the single stream, it could all go through all at once into one can. Mr. Kersten also stated that we'll have to wait and see what will they get in terms of energy rates for the waste-to-energy facility, as that will determine if we're talking wholesale or green, and said that revenue will change a lot. Deputy Mayor Retreat minutes:February 8,2011 Page 12 of 14 Approved by Council: DRAFT Schimmels said we should be able to save $1 million a year on the clean green avoiding those transportation miles. Further discussion included projections of the tipping fee over the next three years, rates and rate increases, working on the governance of a regional plant and have that committee explore the options, which it was mentioned would likely take a year or two to get that group set up and operational;that once our agreement is signed it will extend us to 2014; costs of long hauling and burning; and Waste Management's cost in Spokane Valley. At Councilmember Gothmann's request, Mr. Kersten said he will get a draft fact sheet on the figures we are paying now to Waste Management. Councilmember Grassel said she understood the board would conduct the research and report back in six weeks. Mr. Jackson stated that once the county approves the expenditures and the contract, that time will not be as critical as we will have up until 2014, that Council will need to consider approving that extension, and added that the committee is preparing to meet very soon; and regarding that committee, it was suggested that a first issue to consider might be the utility tax, which Mr. Jackson said Spokane will implement in November and which we understand they can do independently. Mr. Kersten said he felt we would not have to approve the extension as we will be going through the options as well, and that the County added to the contract that they couldn't do the utility tax without approval of each jurisdiction, and Deputy Mayor Schimmels said so unless they change the interlocal, we don't have to do anything except discuss the issues. Councilmember Grafos said that we can approve that contract or not, but regarding the new system, that perhaps we can look at a myriad of services independent of Wheelabrator and not have that tied to twenty years of bonds. Mr. Kersten said the ideal option is to examine the issues as a group; and Mr. Jackson said he will notify the County of our representatives for the governance board. 11. E-government System—Mike Jackson Concerning our new E-Government System, City Manager Jackson said it has worked well and he extended compliments to staff members Michelle Rasmussen, Carolbelle Branch, Devin Nickerson, Chris Thompson and Roxanne Wyatt for their work. Mr. Jackson said this system enables us to track a request or complaint, put it in the system, show the area of concern on the map, give the citizen a tracking number, and later communicate with citizens to make sure the issue was resolved. Mr. Jackson said this could include anything from not having their street plowed, to having a snow berm, ice on the road, etc., or that a street light is out; which he said happened and we referred the citizen to Avista. Mr. Jackson said he feels this system has greatly enhanced our relationship with citizens as we strive to make sure their concerns are taken care of; and Administrative Assistant Rasmussen explained that it also tracks the time of day when the call went through, and when it was finalized; she noted that staff received about 340 calls during that first snow plowing, and she made about 150 calls and returned-e-mails; and said even if the citizen didn't like the response, they appreciated us following through and letting them know the situation. Mr. Jackson said we use the same method when citizens speak during council meetings, and it has worked well. Mr. Kersten added that people are friendlier when they understand the situation. In addition, staff got together with a list of interesting questions so that the answers to those questions could be supplied to the staff at the front desk; and said this has been a very worthwhile system and a boost to customer service. Mr. Jackson added that this system was part of the new website approved earlier by this council. 12. Brainstorming—Mayor Towey Mr. Jackson said the group is open to any and all ideas. Public Works Director Kersten said regarding road preservation,they are finishing their master plan and re-scored all the roads and will be bringing that updated plan to council in the next two to three months; and he mentioned several projects and the need to complete the grind and overlay before roads thoroughly deteriorate which would be a tremendous cost. A brief discussion of road priorities took place and Mr. Kersten said they are updating their six-year plan now, and stated that the new road standards help extend the life of the arterials. In an attempt to get Council the information they desire, Police Chief VanLeuven asked council to let him know if his Retreat minutes:February 8,2011 Page 13 of 14 Approved by Council: DRAFT monthly reports are too detailed, not detailed enough, or they need different data. Parks and Recreation Director Stone mentioned the city's lack of open and park spaces, stating that we still have what we inherited from Spokane County when we incorporated; that the 2006 Parks and Recreation Plan outlines the needs, and as of this year they will have accomplished two out of a hundred different items; he said the challenge is to grab opportunities when they come up, realizing that funding is a challenge; he said they will face renovation needs in the future for things like restrooms and shelters. Councilmember Gothmann brought up the idea of taking care of the road preservations even if we have to borrow from ourselves now and re-pay it later, and suggested council consider different borrowing methods; and Mayor Towey agreed that is a problem council will have to solve next year. Councilmember Grassel suggested re-examining the budget structure as she would like to be able to tell citizens they have done everything possible to address funding situations; and said perhaps that will be up to the finance committee to examine. Mr. Jackson said at some point he believes it will require another funding source, but that council and the citizens need to be confident we have done everything we can concerning our budget. Councilmember Grassel suggested holding a town hall meeting with perhaps the Mayor, Police Chief, other councilmembers, perhaps twice a year or so in order to get more citizen contact; and also suggested this city might be ready for voting for the mayor versus council appointing the mayor; to keep the same form of government,but enable the citizens to actually vote for who they would like as mayor. Deputy Mayor Schimmels asked about the annual cost for our bond issue debt service, and Mr. Thompson replied about $200,000 a year; and Mr. Schimmels agreed with the town hall meeting idea to gain more citizen feedback. Mayor Towey said he, Mr. Jackson and Ms. Branch are working on his state of the city address;that they have confirmed two locations and have two more to confirm;that his speech is about thirty minutes, which will allow time for handing out informational pamphlets, and/or allowing time for questions. Councilmember Grafos agreed roads are an important priority;that he agrees with the need for an economic development plan; and suggested taking limited resources and target strategic areas so they might accomplish the goal of attracting more businesses while showing citizens they are doing something in a positive manner; and said perhaps we could use some of those stormwater funds and start at the auto row area to enhance the area by landscaping and fixing those streets. Deputy Mayor Schimmels added that perhaps they could have an opening ceremony before starting a large paving job. Mr. Jackson said he feels those issues can be addressed; and that it has been a long time since we had town meetings; that staff will come back with options on what can we have; that we are most likely looking at a funding source, and it is his goal to get council to have confidence in the budget numbers and that staff is doing everything possible to reduce spending; adding that we are a "very conservative organization." There were no further comments. Mayor Towey thanked staff for today's information, and thanked everyone for coming. There being no further business,the meeting adjourned at 3:30 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Retreat minutes:February 8,2011 Page 14 of 14 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,February 8,2011 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell,Acting City Attorney Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Kathy McClung, Community Development Dir. Brenda Grassel, Councilmember Mike Stone, Parks &Recreation Director Neil Kersten, Public Works Director Absent: Rick Van Leuven, Police Chief Bob McCaslin, Councilmember Carolbelle Branch,Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Denning gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed to excuse Councilmember McCaslin from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported that he went to a SNAP meeting where he learned they are forming a classroom and laboratory for weatherization and will be video-conferencing with the City of Bellingham for that activity; attended the Transportation Improvement Board meeting last week and gave a report on activities associated with that meeting; attended the Spokane Valley Fire Department's recognition dinner; and attended the two-day Solid Waste Summit last week. Councilmember Grafos: said he also attended the two-day Solid Waste Summit last week, and attended today's Council/Staff retreat at CenterPlace,which he said was very productive. Deputy Mayor Schimmels: said he attended the Solid Waste Advisory Committee meeting last week; the two-day summit held last week; and today's daylong council retreat. Councilmember Grassel: reported she too attended the summit and today's retreat. MAYOR'S REPORT: Mayor Towey commended Chief Thompson and staff for a great event last Saturday with their awards dinner/ceremony; said that he attended the two-day Solid Waste summit and today's daylong retreat and he thanked City Manager Jackson and staff for supplying all the information; and said he too felt the meeting was very productive. Mayor Towey then read two separate proclamations Council Regular Meeting 02-08-2011 Page 1 of 4 Approved by Council: DRAFT which were received with thanks by the appropriate representative: Kiwanis Children's Cancer Cure Month; and Future Business Leaders of America, Phi Beta Lambda Week. PUBLIC COMMENTS: Mayor Towey invited general public comments;no comments were offered. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 08/06/2010 20728-20759 $87,091.25 09/13/2010 3303-3305 $56,274.03 01/21/2011 21924-21984; 119110198 (2010 expenses) $1,646,737.61 01/21/2011 21985-21997 $160,806.68 01/24/2011 3422-3425 $56,907.77 01/24/2011 21998-22002 $14,707.24 01/25/2011 22003-22004 $1,664.60 01/28/2011 22005-22043 $74,681.41 01/28/2011 22044-22071 $94,423.20 01/28/2011 22072-22077 $54,768.87 01/31/2011 5202-5213 $2,791.00 GRAND TOTAL $2,250,853.66 b. Approval of Payroll for Period Ending January 31, 2011: $350,970.11 c.Approval of City Council Study Session Meeting Minutes of January 18, 2011 d. Approval of City Council Formal Format Meeting Minutes of January 25, 2011 e. Approval of City Council Study Session Meeting Minutes of February 1, 2011 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance Regulating E-Cigarettes—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second reading. Acting City Attorney Driskell went over the contents of the ordinance as previously explained, and said once approved, this will become effective March 31, 2011,which is longer than the normal procedure, but that this will allow for a public education period. Mayor Towey invited public comment and Mr. Dan Verheul asked if the no smoking within 25 feet of a building entrance would also apply to the e-cigarettes, and Mr. Driskell said it is too early to determine if this will fall within the Washington State Clean Air Act. There were no further public comments. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 3. Motion Consideration: Approval of Memorandum of Understanding for 2011 Paveback Program — Steve Worley It was moved by Deputy Mayor Schimmels and seconded to approve the 2011 STEP Memorandum of Understanding with Spokane County and authorize the City Manager to sign the Agreement. Standing in for Mr. Worley, Public Works Director Kersten explained that this is the last year of the County's sewer program so this will be the last paveback agreement with Spokane County, which is for the Green Haven and Micaview projects; and stated that the improvements are well under the 2011 budgeted amount and that we will be able to use $247,000 of the CDBG (Community Development Block Grant) funds to offset some of those expenses. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Council Regular Meeting 02-08-2011 Page 2 of 4 Approved by Council: DRAFT 4. Motion Consideration: Mayoral Appointments—Mayor Towey Mayor Towey explained that due to Ms. Dempsey's resignation, there are several committee vacancies, and said he proposed that he sit on the Spokane Regional Health District Board, that Deputy Mayor Schimmels be appointed to the Wastewater Policy Advisory Board, and that Councilmember Grassel be appointed to the International Trade Alliance Advisory Board. It was moved by Deputy Mayor Schimmels to confirm the appointment of Mayor Towey to the Spokane Regional Health District Board, Deputy Mayor Schimmels to the Wastewater Policy Advisory Board, and Councilmember Grassel to the International Trade Alliance Boards as noted above. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. ka. Motion Consideration:Letter of Support for MAC Museum Funding — Mike Jackson (added agenda item) It was moved by Deputy Mayor Schimmels and seconded to authorize staff to send the attached letter to the appropriate legislators to indicate Spokane Valley's support of continuing funding for the MAC Museum. Mayor Towey invited public comments; no comments were offered. Councilmember Grassel noted the typographical error where "right" should be "tight." City Manager Jackson explained that this issue came up last week and in the interim, he spoke with our lobbyist who prepared the draft letter. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried fib. Motion Consideration: Amended Council Procedure for Filling Council Vacancy — Mike Jackson (added agenda item). It was moved by Deputy Mayor Schimmels and seconded to approve the `Amended Procedure for Filling a Council Vacancy" as attached. City Manager Jackson explained that this pushes part of the process a week later, making the appointment of the councilmember occur April 5, and that the March 4 deadline will remain intact. Mayor Towey invited public comments; no comments were offered. Councilmember Grassel asked if background checks were performed for candidates for this position and Mr. Jackson said they are not. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried PUBLIC COMMENTS: Mayor Towey invited general public comments;no comments were offered. ADMINISTRATIVE REPORTS: 5. Comprehensive Emergency Mgmt Plan (CEMP) —Rick VanLeuven, Lisa Jameson Emergency Management Program Administrator Lisa Jameson and Spokane Valley Police Chief Rick VanLeuven went through the PowerPoint presentation giving an overview of the Plan, including points on the plan's purpose, emergency support, list of agencies involved, management efforts, and implementing and evaluating. It was determined that this topic will be brought to Council at the February 22 meeting for Council's consideration of a resolution to adopt the Plan. 6. 2011 New Freedom Call for Projects (SRTC/STA)— Steve Worley Standing in for Engineer Worley, Public Works Director Kersten explained that project applications for the New Freedom Call for Projects are due February 15; he said the funds are targeted towards projects and programs that provide new or enhanced public transportation beyond those required by ADA (Americans with Disabilities), and that eligible capital projects include sidewalks, and accessible bus stops and shelters. He explained that staff reviewed the city's sidewalk inventory and coordinated with STA (Spokane Transit Authority) to identify locations with known obstacles and accessibility issues to disabled persons; and based on that review, staff drafted a preliminary list of projects for submitting to SRTC (Spokane Regional Transportation Council) for the New Freedom Call for Projects. Mr. Kersten said the City's match on these projects is 20% of the total project cost or approximately 63,000.00 and stated that these funds are for very limited use. After discussion of the highly used bus lines on Sprague and mention of the Edgeclift area with many elderly and low-income residents, Mr. Kersten asked council if they had any objections to staff submitting the application for funding and no objections were voiced. Council Regular Meeting 02-08-2011 Page 3 of 4 Approved by Council: DRAFT 7. Advance Agenda—Mayor Towey Mayor Towey announced there would be no meeting next week as Council will be participating in the Legislative Conference in Olympia. 8. INFORMATION ONLY: The Greater Spokane, Inc. Quarterly Report was for information only and was not reported or discussed. 9. EXECUTIVE SESSION: Potential Land Acquisition [RCW 42.30.110(1)(b)] It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately fifteen minutes to discuss potential land acquisition, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:10 p.m. At 7:30 p.m., Mayor Towey declared Council out of executive session, and it was moved by Councilmember Gothmann, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:31 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 02-08-2011 Page 4 of 4 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: Second Reading - Proposed Ordinance 11-003 Regarding E-Cigarettes GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: In mid 2010, Council heard a report from the Spokane Regional Health District ("SRHD") on E-Cigarettes, including a request to adopt a regulation pertaining to sales to minors. Council requested that staff work with the SRHD and local municipal entities to draft consistent and uniform ordinance language that each jurisdiction could enact. Council conducted the first reading on February 8, 2011. BACKGROUND: Because E-Cigarettes are not well regulated by any State or Federal agency at this time, their health impacts are unclear, and the percentage of nicotine or other harmful ingredients or additives is unknown beyond the manufacturer's unverified claims. In addition, without State or Federal law dictating otherwise, E-Cigarettes and related components may be sold to minors, regardless of their nicotine content. In December 2010, the United States Court of Appeals for the D.C. Circuit decided a case which determined to what extent the manufacturers of E-Cigarettes may be regulated. NJOY v. FDA, - -- F.3d ---, No. 1:09-cv-00771-RJL (2010). As a result, States and municipal entities are currently permitted to regulate E-Cigarettes as they do with traditional cigarettes. The SRHD has proposed that Spokane County and the cities of Spokane Valley, Spokane, Millwood, Liberty Lake, Cheney and Airway Heights work in conjunction to form a consistent and near- identical set of ordinances to prohibit the sale and gifting of E-Cigarettes and related components to minors. Similarly, minors would be prohibited from possessing these devices and components. This proposed ordinance is contemplated to be a stop-gap exercise of authority until such time as either the Federal or State government takes action to regulate such activity. Violations by vendors of such devices would be subject to a Class 1 civil infraction. Violations by minors of the applicable provisions would be subject to a Class 3 civil infraction. OPTIONS: Adopt as drafted; request changes by staff. RECOMMENDED ACTION OR MOTION: I move that we adopt ordinance 11-003 relating to electronic cigarettes. BUDGET/FINANCIAL IMPACTS: None identified at this time. STAFF CONTACT: Cary Driskell, Acting City Attorney ATTACHMENTS: 1. Proposed Ordinance to prohibit selling/gifting of E-Cigarettes and related components to minors. (Legislative record is on file with the City Clerk) DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING NEW CHAPTER OF SPOKANE VALLEY MUNICIPAL CODE (SVMC) 7.40 REGULATING THE SALE OF ELECTRONIC CIGARETTES,ALSO KNOWN AS "E-CIGARETTES," TO MINORS; AND OTHER MATTERS RELATING THERETO. WHEREAS, Article 11, §11 of the Washington State Constitution allows local governments to make and enforce within their jurisdictional limits, local laws and regulations not in conflict with the general laws of the State; and WHEREAS, E-Cigarettes are battery operated devices that generally use liquid cartridges filled with nicotine, flavors,and other chemicals; and WHEREAS, E-Cigarettes convert liquid nicotine, which is a known neuro-toxin and highly addictive substance, into a chemically impregnated gas that is inhaled by a user simulating smoking; and WHEREAS, some E-Cigarette cartridges claim not to contain nicotine, but there is no regulatory program to monitor this assertion and no way for the City to determine which cartridges may or may not contain nicotine; and WHEREAS, extended exposure to nicotine results in increased tolerance, resulting in the need for escalating doses to receive the desired stimulation and causing withdrawal symptoms which include cognitive and attention deficits, cravings, and sleep disturbance; and WHEREAS, E-Cigarettes are not currently well regulated; at this time,there are no restrictions on the sale, distribution, or purchase of E-Cigarettes under State law, although other jurisdictions have enacted laws controlling such devices or taken other regulatory action; and WHEREAS,no Washington State law controls the sale of E-Cigarettes to minors; and WHEREAS, E-Cigarettes present a substantial risk of nicotine addiction and resultant harm to the public health and safety of the citizens of the City,particularly for children and young people; and WHEREAS, the City Council seeks to promote the City's interest in public health and safety by implementing regulations on the sale of E-Cigarettes and related components, and Council seeks to protect minors from the known health hazards of nicotine and the unregulated manufacturing of substances intended to be inhaled. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. That SVMC Title 7 be amended by adding a new Chapter, to be designated "Chapter 7.40 Electronic Cigarettes and Related Devices,"to read as follows: Ordinance 11-003 E-Cigarettes Page 1 of 4 DRAFT 7.40.010 Purpose and intent. The purpose and intent of this chapter is to protect minors from the hazards of nicotine addiction and the dangers of ingesting products with no regulatory oversight as to their purity, contents, and potential negative health impacts. 7.40.020 Definitions. As used in this Chapter: "Electronic Cigarette" or "E-Cigarette" means an electronic device usually composed of a mouthpiece, a heating element or atomizer, a battery, and electronic circuits that provides a gas derived from liquid nicotine and/or other substances which is inhaled by a user simulating smoking. The term includes such devices, regardless of the details of the product appearance or marketed name, generally manufactured to resemble cigarettes, cigars, pipes, or other smoking devices. "Liquid Nicotine"means any liquid product composed either in whole or part of nicotine, proprylene glycol and/or other similar substances and manufactured for use with E-Cigarettes to be converted into a gas for inhaling. "Minor"means someone under 18 years of age. "Person" means any natural person, individual, corporation, unincorporated association, proprietorship, firm, partnership,joint venture,joint stock association, or other entity or business of any kind. 7.40.030 Sampling and sales to minors prohibited. A. No person may give, distribute, transfer, sell, market, or offer E-Cigarettes, their components, or samples to persons under 18 years of age. B. It is a defense to a prosecution for violation of this section when the person making the gift, distribution, transfer, sale, marketing, or offer as a gift, transfer, sale, marketing, or sample reasonably relied on any of the officially issued identifications referenced in RCW 70.155.090 showing the purchaser or recipient was at least 18 years old. 7.40.040 Coupon redemption. No person shall give or distribute E-Cigarettes, or their components, to a person by a coupon if such coupon is redeemed in any manner that does not require an in-person transaction in a retail store to help prevent redemption of such merchandise by a minor. 7.40.050 Purchase by minors prohibited. No person under the age of 18 may purchase, attempt to purchase, possess, or obtain E- Cigarettes or their components. This prohibition does not apply to activities or enforcement actions under the control of a City, State, or Federal law enforcement authority or Spokane Regional Health District. 7.40.060 Prohibition signage to be posted; Identification required. A. Any person selling, marketing, displaying, giving, or distributing E-Cigarettes or their components shall display a printed sign, posted so that it is clearly visible to anyone purchasing E-cigarettes or their components. The sign must be in contrasting colors and at least 20 point type and must read substantially as follows: Ordinance 11-003 E-Cigarettes Page 2 of 4 DRAFT "IF YOU ARE UNDER 18, YOU COULD BE SUBJECT TO PENALTY FOR PURCHASING E-CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS - SVMC 7.40.050. THE SALE OF E-CIGARETTES OR RELATED DEVICES OR THEIR COMPONENTS TO PERSONS UNDER THE AGE OF 18 IS STRICTLY PROHIBITED - SVMC 7.40.030. PHOTO ID REQUIRED." B. When there may be a question of a person's age, identification of at least the sufficiency referenced in RCW 70.155.090 shall be required by any person selling, giving, or distributing E-Cigarettes or their components. 7.40.070 Mechanical sales restricted. A. No person shall sell or permit to be sold E-Cigarettes or their components through any device that mechanically dispenses such products unless the device is located fully within premises from which minors are prohibited, or in industrial worksites where minors are not employed nor permitted, and not less than ten feet from all entrance or exit ways to and from each premises. B. It is a defense to this section if the person demonstrates to the satisfaction of the Building Official that it is architecturally impracticable for the device to be located not less than ten feet from all entrance and exit ways. 7.40.080 Penalties and enforcement. Violation of any provision of this Chapter by a minor shall be a class 3 civil infraction under SVMC 1.10.010 and RCW Chapter 7.80. Violation of any provision of this Chapter by anyone other than a minor shall be a class 1 civil infraction under SVMC 1.10.010 and RCW Chapter 7.80. Each transaction is a new and separate violation. This Ordinance shall be enforced by the Chief of the City of Spokane Valley Police, or his or her designee, and the Heath Officer for the Spokane Regional Health District, or his or her designee, who shall collectively be the "enforcement officer"as that terminology is used in RCW Chapter 7.80. 7.40.090 Chapter to be harmonized with State and Federal law A. This Chapter shall be harmonized to avoid any conflict with RCW Chapter 70.155 and with all other State or Federal preempting laws or regulations. Nothing in this Chapter diminishes the authority of the City to enforce RCW 70.155.080 or any other applicable laws or regulations. B. This Chapter shall be repealed on the day that State or Federal legislation goes into effect incorporating either the same or substantially similar provisions as are contained in this ordinance, or in the event that a pertinent State or Federal Administrative Agency issues and promulgates regulations preempting such action by the City. The City Council may repeal this Chapter whether or not identical or substantially similar State or Federal legislation has been enacted for the purposes of triggering the provisions of this subsection. Section 2. Incorporation by Reference. The Spokane Regional Health District has determined that it is in the best interests of citizens within its jurisdiction to protect children and young people from E-Cigarettes. Therefore, the Spokane Regional Health District's findings, testimony, and written record on this matter are hereby adopted and incorporated by this reference as if fully set forth herein. A complete copy of such findings,testimony, and written record shall be kept on file with the City Clerk. Ordinance 11-003 E-Cigarettes Page 3 of 4 DRAFT Section 3. Severability. If any part of this Chapter is declared unenforceable, it shall not affect the remainder. Section 4. Effective Date. This Ordinance shall become effective March 31, 2011. Adopted this day of , 2011 City of Spokane Valley Thomas E. Tow ey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: March 31, 2011 Ordinance 11-003 E-Cigarettes Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: Proposed Resolution 11-002: Spokane Comprehensive Emergency Management Plan GOVERNING LEGISLATION PREVIOUS COUNCIL ACTION TAKEN: At the February 8, 2011 Council meeting, Emergency Management Program Administrator Lisa Jameson, along with Spokane Valley Police Chief Rick VanLeuven, gave an overview of the Comprehensive Emergency Management Plan. BACKGROUND: This Plan results from the recognition of local and state officials that a comprehensive plan is needed to enhance our region's ability to manage emergency/disaster situation. OPTIONS: RECOMMENDED ACTION OR MOTION: "I Move that Council Approve Resolution 11-002, adopting the Spokane Comprehensive Emergency Management Plan." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Cary Driskell/Mike Jackson ATTACHMENTS: Resolution 11-002 (A complete copy of the Spokane Comprehensive Emergency Management Plan, Update December 2009 Final Draft is on file with the City Clerk.) DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 11-002 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE "SPOKANE COMPREHENSIVE EMERGENCY MANAGEMENT PLAN (DECEMBER 15,2009) REVISED." WHEREAS, pursuant to RCW 38.52.707,two or more political subdivisions or local governments may join in the establishment and operation of a local organization for emergency management services; and WHEREAS, the City of Spokane and Spokane County entered into a joint Resolution on or about June 25, 1979 under Spokane Resolution No. 79-0873, establishing a joint Spokane City/County Department of Emergency Services;and WHEREAS, on October 22, 1996, the City of Spokane and Spokane County entered into an Interlocal Cooperation Agreement pursuant to RCW 38.52.070, to continue the joint City/County Department of Emergency Management; and WHEREAS, on or about August 10, 2004, the City of Spokane and Spokane County adopted Spokane County Resolution No. 04-0689, which carried out the functions for both entities as called for pursuant to chapter 38.52 RCW. The City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, City of Cheney, City of Airway Heights, City of Deer Park, and Town of Waverly likewise entered into this joint venture;and WHEREAS, the Spokane County Department of Emergency Management, in coordination with applicable Spokane Community Stakeholders, re-wrote the Comprehensive Emergency Management Plan and submitted such plan to the Washington State Emergency Management Division; and WHEREAS, the Washington State Emergency Management Division reviewed and recommended the revised Comprehensive Emergency Management Plan to ensure alignment with State and Federal plans; and WHEREAS,the Spokane City/County Department of Emergency Management has requested that the City of Spokane Valley adopt the revised Comprehensive Emergency Management Plan. NOW, THEREFORE, BE IT HEREBY RESOLVED by the City Council of the City of Spokane Valley, Spokane County,Washington as follows: Section 1. Adoption of Spokane County Plan. Based upon the recommendation of the Spokane Department of Emergency Management, the City of Spokane Valley hereby adopts the "Spokane Comprehensive Emergency Management Plan(December 15,2009 Revised),"a copy of which will be kept on file with the City Clerk. Section 2. Effective Date. This Resolution shall be effective upon adoption. Resolution 11-002,Adopting the Spokane Comprehensive Emergency Management Plan Page 1 of 2 DRAFT Adopted this day of February, 2010. City of Spokane Valley ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 11-002,Adopting the Spokane Comprehensive Emergency Management Plan Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: 24th Avenue Sidewalk Project — Adams Rd to Sullivan Rd: Fuel Tax Grant Distribution Agreement with the Transportation Improvement Board (TIB) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approval of Adopted 2010 Transportation Improvement Plan on April 13, 2010 (Resolution #10-007), which included the 24th Avenue — Adams Rd to Sullivan Rd Sidewalk Project (first touch); approved on July 27, 2010, motion approval to submit the TIB Grant Application for the 24th Avenue — Adams Rd to Sullivan Rd Sidewalk Project (second touch). BACKGROUND: The City of Spokane Valley was successful in receiving a TIB grant for the 24th Avenue —Adams Rd to Sullivan Rd Sidewalk Project under TIB's Urban Sidewalk Program (SP). Before the City can begin work on the project, the attached Fuel Tax Grant Distribution Agreement must be signed by the Mayor and returned to TIB for processing. At the time of application TIB anticipated only $209,000 in SW program funds being available for the entire East region. Because of these limited funds our grant request for this project was less than the typical 80% of the project cost. It was believed that the project would not get selected for funding if the request was for the majority of funds available. OPTIONS: (1) Authorize the Mayor to sign the Fuel tax Grant Distribution Agreement for the 24th Avenue —Adams Rd to Sullivan Rd Sidewalk Project, (2) decide not to move ahead with the project, or (3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to authorize the Mayor to sign TIB's Fuel Tax Grant Distribution Agreement for the 24th Avenue —Adams Rd to Sullivan Rd Sidewalk Project. BUDGET/FINANCIAL IMPACTS: The TIB grant is $140,400, with a City match of $151,000. The 2011 budget includes sufficient appropriations for this project. STAFF CONTACT: Neil Kersten, Public Works Director Steve Worley, Senior Capital Projects Engineer ATTACHMENTS: TIB Fuel Tax Grant Distribution Agreement t Washington State Transportation Improvement Board \ � Fuel Tax Grant Distribution Agreement LEAD AGENCY: SPOKANE VALLEY PROJECT NUMBER: P-E-208(P02)-1 PROJECT TITLE: 24th Avenue PROJECT TERMINI: Adams Rd to Sullivan Rd 1.0 PURPOSE The Washington State Transportation Improvement Board (hereinafter referred to as "TIB") hereby grants funds for the project specified in the attached documents, and as may be subsequently amended, subject to the terms contained herein. It is the intent of the parties, TIB and the grant recipient, that this Agreement shall govern the use and distribution of the grant funds through all phases of the project, Accordingly, the project specific information shall be contained in the attachments hereto and incorporated herein, as the project progresses through each phase. This Agreement, together with the attachments hereto, the provisions of chapter 47.26 Revised Code of Washington, the provisions of title 479 Washington Administrative Code, and TIB Policies, constitutes the entire agreement between the parties and supersedes all previous written or oral agreements between the parties. 2.0 PARTIES TO AGREEMENT The parties to this Agreement are TIB, or its successor, and the grant recipient, or its successor, as specified in the attachments. 3.0 TERM OF AGREEMENT This Agreement shall be effective upon execution by TIB and shall continue through completion of each phase of the project, unless terminated sooner as provided herein. 4.0 AMENDMENTS This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5.0 ASSIGNMENT The grant recipient shall not assign or transfer its rights, benefits, or obligations under this Agreement without the prior written consent of TIB. The grant recipient is deemed to consent to assignment of this Agreement by TIB to a successor entity. Such consent shall not constitute a waiver of the grant recipient's other rights under this Agreement. 6.0 GOVERNANCE &VENUE This Agreement shall be construed and interpreted in accordance with the laws of the state of Washington and venue of any action brought hereunder shall be in the Superior Court for Thurston County. TIB Farm 190-500 Page 1 of 3 Rev.2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 7.0 TERMINATION 7.1 UNILATERAL TERMINATION Either party may terminate this Agreement upon 30 days' prior written notice to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination, 7.2 TERMINATION BY MUTUAL AGREEMENT Either party may terminate this contract in whole or in part, at any time, by mutual agreement with a 30 calendar day written notice from one party to the other. 7.3 TERMINATION FOR CAUSE In the event TIB determines the grant recipient has failed to comply with the conditions of this Agreement in a timely manner, TIB has the right to suspend or terminate this Agreement. TIB shall notify the grant recipient in writing of the need to take corrective action. If corrective action is not taken within 30 days, the Agreement may be terminated. TIB reserves the right to suspend all or part of the Agreement, withhold further payments, or prohibit the grant recipient from incurring additional obligations of funds during the investigation of the alleged compliance breach and pending corrective action by the grant recipient or a decision by TIB to terminate the Agreement. The grant recipient shall be liable for damages as authorized by law including, but not limited to, repayment of misused grant funds. The termination shall be deemed to be a Termination for Convenience if it is determined that the grant recipient: (1)was not at fault, or(2) failure to perform was outside of the grant recipient's control, fault or negligence. The rights and remedies of TIB provided in this Agreement are not exclusive and are in addition to any other rights and remedies provided by law. 7.4 TERMINATION FOR CONVENIENCE TIB may, by ten (10) days written notice, beginning on the second day after the mailing, terminate this Agreement, in whole or in part, because federal or state funds are no longer available for the purpose of meeting TIB's obligations, or for any reason. If this Agreement is so terminated, TIB shall be liable only for payment required under this Agreement for performance rendered or costs incurred prior to the effective date of termination. 7.5 TERMINATION PROCEDURE Upon receipt of notice of termination, the grant recipient shall stop work and/or take such action as may be directed by TIB. ' TIB Form 190-500 Page 2 of 3 Rev,2/14/2003 Washington State Transportation Improvement Board Fuel Tax Grant Distribution Agreement 8.0 AVAILABILITY OF TIB FUNDS The availability of Transportation Improvement Board funds is a function of Motor Vehicle Fuel Tax collections and existing contractual obligations. The local agency shall submit timely progress billings as project costs are incurred to enable accurate budgeting and fund management. Failure to submit timely progress billings may result in delayed payments or the establishment of a payment schedule. 9.0 ATTACHMENTS Attachments are incorporated into this agreement with subsequent amendments as needed. Approved as to Form This 14th Day of February, 2003 Rob McKenna Attorney General By: Signature on file Elizabeth Lagerberg Assistant Attorney General Lead Agency Transportation Improvement Board Signature of Chairman/Mayor Date Executive Director Date Print Name Print Name TIB Form 190-500 Page 3 of 3 Rev.2/14/2003 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: Proposed amendment to Title 19 of the Spokane Valley Municipal Code as follows: Chapter 19.40.150 (Animal raising and keeping) amending current regulations for the keeping of chickens in residential areas including minimum lot size requirements, number of chickens allowed, and setbacks for structures. GOVERNING LEGISLATION: RCW 36.70B.170-210 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. In the fall of 2010, following a number of citizen comments, the Spokane Valley City Council requested that staff work with the Planning Commission on the issue of raising chickens in residential areas. The Planning Commission held a study session on this issue January 27th 2011 and held a public hearing February 10th, 2011. ANALYSIS: See attachments OPTIONS: Consensus to proceed to first reading of the ordinance or provide staff direction regarding modifications. RECOMMENDED ACTION OR MOTION: Consensus to proceed at future meeting, with first reading of ordinance BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Christina Janssen —Assistant Planner ATTACHMENTS: Proposed language-Chapter 19.50.140 (Animal raising and keeping) Memorandum dated January 18th, 2011 Memorandum dated February 2nd, 2011 Current regulations from neighboring jurisdictions Potential regulatory options Public Comment received to date 19.40.150 Animal raising and keeping. Where permitted, the keeping of poultry and livestock(excluding swine and chickens)is subject to the following conditions: A. The lot or tract must exceed 40,000 square feet in area; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not less than 75 feet from any habitation; E. No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is limited as follows: 1. Not more than three horses, mules, donkeys, bovine, llama or alpacas shall be permitted per gross acre; or 2. Not more than six sheep or goats shall be permitted per gross acres; or 3. Any equivalent combination of subsection (F)(1) and (F)(2) of this section; G. Small Animals/Fowl. A maximum of one animal or fowl (excluding chickens), including chickens, duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nurtria, chinchilla or similar animal, may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl; and H. Structures, pens yards, enclosures, pastures and grazing areas shall be kept in a clean and sanitary condition. I. In residential areas, the keeping of chickens is subject to the following conditions: 1. A maximum of one chicken may be raised or kept per 2,000 gross square feet of lot area, with a maximum of 25 birds allowed. 2. The keeping of roosters is prohibited 3. Coops, hutches, or similar containment structures must be kept a minimum of 20 feet from the front property line, 5 feet from side and rear property lines, and 15 feet from flanking streets. 4. Coops, hutches, or similar containment structures must be kept a minimum of 25 feet from occupied structures on neighboring properties. 45.All chickens must be rendered incapable of flight. pkanc t'TY" " }�r"KA"E Department of Community Development Valle golliwog Planning Division City Council Administrative Report February 22nd, 2011 CTA-01 - 11 Proposed amendment to the Spokane Valley Municipal Code ('ITYH4l I«}5r,',KANEV, Spokane Va11e Department of Community Development Planning Division Current Regulations • The lot or tract must exceed 40,000 square feet in area • A maximum of one animal may be raised or kept per 3 ,000 square fee of gross lot area. • Structures, pens, runways and manure piles shall be located not less than 75 feet from any habitation, may not be located in the front yard, and may not be closer than 10 feet from any side property line. Spokane Valle Department of Community Development Planning Division Recommended Changes • 1 chicken per 2,000 gross square feet of lot area-maximum of 25 birds • The keeping of roosters is prohibited • Coops, hutches, or similar containment structures must be kept a minimum of 20 feet from the front property line, 5 feet from the side and rear property lines, and 15 feet from flanking streets. • Coops, hutches, or similar containment structures must be kept a minimum of 25 feet from occupied structures on neighboring properties. • All chickens must be rendered incapable of flight. Spkanc }""KA"E Department of Community Development Valle Planning Division Comprehensive Plan I n I I I I I I I I I I I I ■ JLi ■fJ p11Line 6 il fi .1 WrenfMilli-oa N I .iiI;a:: r sue' ' - - - - - ti •�aE3 ri1 nr tik1 — m _.. ii P'..,?,1?..'ffl,T=ES � I A _, , .. — J••--......t. -- I I I it . I I I I I 1 I I 1- [ I I I I ; IIF I I I I I I I 1 I I I I I I I I I I I I I I I I I I 1 1 1 [. 1 1 I I I I 1 1 1 I I I KANE,/ Spokane Va11e Department of Community Development Planning Division Lots 40 , 000 sq . ft. or greater I lr rf '.° „fir m1i F i - -fir yid C=pl of �'•L.,�t..ji 15'w -r-ilia ';.. 1111 ^ f Y yd a 1 r _ 111 ".ii:! •••a :_. l'-F=i:v'' :,- -1 '4e "•I Y.B. . - O. �' I. i `!+.•` ' -ink ' i-� 1' '.+ '� I♦ ' :COMMIS- + ter. _ P� ft. •• . :Ir*i- wal LI_ _ ' -.... .! ..... 1 •. I `1' 4 .,, ••BEN.-7 , ,11' . Imo' IE._rm..:''•-.r ,•.. - r, -Orli r� e7 . ;i•'_. �..-- --' 'airr - ''!ilia WA.l:11.;i . !MiliL a•'lIL M.1161—ilETil i f-- 1111•-.' :1111' ' I•- :'. ti •of im' -1 -"■ # C rig I .7..7.--- it L i NI ', IG -1 . I•. - - . -'.`L i .� �■ .i I. ,. • Vil9esRedd:miltPirroU 4U,{IU11.41.111,11 usrr I� ParcIS x=40.000 51111 valley Parcl5 pkanc t'TY" " }�r"KA"E Department of Community Development alle Planning Division Surrounding Jurisdictions City of Millwood Zone Lot Size Number of Location Chickens allowed Requirements UR-1 10,000-12,000 sq. Up to 25 female None ft. fowl 1 UR-2 5,000-7,000 sq. Up to 4 female None ft. fowl UR-3 5,000-7,000 sq. ft No fowl allowed N/A N/A I I. pkanc t'TY" " }�r"KA"E Department of Community Development Valle golliwog Planning Division Surrounding Jurisdictions Spokane County Zone LDR LDR-P MDR HDR Lot Size 5,000 sq. ft. 43,560 sq. ft. (1 acre) 4,200 sq. ft. 1,600 sq. ft. Number of Chickens allowed Now fowl allowed ■ Location Requirements 1 fowl/ 2,000 sq. 50 from any ft. No fowl allowed No fowl allowed occupied structure N/A N/A pkanc t'TY" " }�r"KA"E Department of Community Development alle Planning Division Surrounding Jurisdictions Liberty Lake Lot Size Number of Location Chickens allowed Requirements R-1 5,000 sq. ft. No fowl allowed 1 N/A I R-2 5,000-10,000 No fowl N/A sq. ft. allowed R-3 4,000-8,000 sq. No fowl N/A ft. allowed pkanc }""KA"E Department of Community Development Valle Planning Division Surrounding Jurisdictions City of Spokane RA RSF RTF RMF RHD Lot Size 7,200 sq. ft 4,350 sq. ft. 4,350 sq. ft. 2,500 sq. ft. 2,500 sq. ft. Number of Chickens allowed 1 fowl/ 2,000 sq. ft. 1 fowl/ 2,000 sq. ft. 1 fowl/ 2,000 sq. ft. 1 fowl/ 2,000 sq. ft. 1 fowl/ 2,000 sq. ft. Location Requirements 90 ft. from center of street or adjoining lot. 90 ft. from center of street or adjoining lot. 90 ft. from center of street or adjoining lot. 90 ft. from center of street or adjoining lot. 90 ft. from center of street or adjoining lot. pnkanc 'TY" " }�r"KA"E Department of Community Development alle Planning Division Surrounding Jurisdictions City of Kennewick Zone Lot Size Number of Location RS 10,500 sq. ft Chickens allowed Requirements No more than 3 fowl None 1 RL 7,500 sq. ft. No fowl allowed N/A RM 4,000 sq. ft. No fowl allowed N/A RH 4,000 sq. ft. No fowl allowed N/A RMH 7,500 sq. ft. No fowl allowed N/A RTP 43, 560 sq. ft. No fowl allowed N/A (1 acre) pnkanc "T"'" KA'E Department of Community Development alle Planning Division Option 1 Option 2 Option 3 Option 4 Options Zone Lot Size Number of Location Chickens allowed Requirements Keep current regulations All Residential 6,000 sq. ft. or zones greater All Residential Al 6,000 sq. ft. or Current residential setback requirements: 20' from front property line 5' from side property line 5' from rear property line 15-20' from a flanking street. zones grea er 1 chicken/ 3,000 gross sq. ft. 1 chicken/ 3,000 s sq. ft. 30' from any property line and 50' from any occupied structure 50' from any occupied structure, and must meet all other residential setbacks. icken/ 3,000 gross sq. ft. ust meet all residential setbacks Spnkanc Department of Community Development alle Planning Division __.aiiii 1. ' 1 1 11 ■ i no now I flhiIIUtII*0 ors ana AB . ....i mom=00 irrens Emir paiffilim id ■ Siihilisiii:vi = � L*J�1*!R* 114 � �u '.7 IY t1 ;1- ci,j'4'f p.v.i l9 ■+i■4f- • 111.11aS imum amra Shannon Avenue Approximately 14,850 gross square feet Lot Dimensions- 90' X 165' Zoned R-3 pkanc }""KA"E Department of Community Development Valle Planning Division � It i Spokane Valle t'Ty" " „r„A"E Department of Community Development Planning Division 7 chickens allowed 5' Setback from property line pokanc 'TY" " }�r"KA"E Department of Community Development Valle Planning Division Virginia Lane 8,125 gross square feet Lot Dimensions- 65' X 125' Zoned R-3 pkanc }""KA"E Department of Community Development Valle Planning Division p kanc }" 'Ey Department of Community Development alle Planning Division 4 chickens allowed 30' Setback from property line 25' Setback from neighboring occupied structures pkanc }�r KA"E Department of Community Development alle Planning Division • Complaints • Roosters • Other fowi/animais pkanc }""KA"E Department of Community Development Valle Planning Division Questions ? Spokane 411.000 Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum Date: January 18, 2011 To: Spokane Valley Planning Commission From: Christina Janssen-Assistant Planner Re: Chicken regulations (CTA-01-11) In the fall of 2010, following a number of citizen comments, the Spokane Valley City Council requested that staff work with the Planning Commission on the issue of raising chickens in residential areas. Around that same time, the Community Development Director received an Administrative Interpretation Request from a citizen asking for clarification on zoning regulations for keeping livestock in the mixed use zones. These two items are being addressed together as CTA-01-11. Section 19.40.150 of the Uniform Development Code includes regulations for the keeping of poultry and livestock in residential areas. The requirements include a minimum lot size of 40,000 square feet, limits the number of chickens to one per 3,000 square feet of gross lot area, and requires that all structures be at least 75 feet from any habitation, never located in a front yard, and always 10 feet away from a side property line. City Code Enforcement officers report that they typically receive 1 to 2 complaints per month regarding chickens. This number escalates in the two months following Easter. Complaints range from noise (roosters)to smell and sanitation. The keeping of chickens in urban areas has gained popularity in recent years. Internet research on the subject reveals that that the reasons given for raising chickens include that they are good pets, provide organic fertilizer, eat bugs and provide fresh eggs. Some additional facts provided include the following: • Hens do not need roosters to lay eggs, only to breed more chickens. • Three hens will lay an average of 2 eggs per day. • 18 hens are needed to produce a dozen eggs per day. • Chickens need about 2 square feet inside and between 4-10 square feet outside • A 6 to 7 foot fence will contain most chickens. Exhibit A is a spreadsheet showing the current chicken keeping regulations from a number of surrounding jurisdictions including the City of Millwood, Spokane County, City of Spokane, City of Liberty Lake, and the City of Kennewick. These codes offer a wide variety of regulations for the number of chickens allowed, minimum lot sizes and the location of pens and waste piles. Exhibit B outlines four potential regulatory options drafted by staff for your consideration. The options include the current chicken keeping regulations, and three alternatives. Exhibit C includes public comments that the City has received pertaining to this issue to date. Also under consideration are the regulations for keeping livestock in areas of the City zoned mixed use. Prior to 2010, all single family residences in commercial zones were considered legal non- conforming uses. CTA-08-10, adopted in November 2010 established all existing legal single family residences located in non-residential zones as permitted uses. Since that time, there have been many questions about whether these residences enjoy the same privileges as homes located in residential zones. Due to the nature of these areas, which offer higher density residential and close proximity to commercial uses, it is staff's opinion that the keeping of animals in these areas should not be permitted. Exhibit D is the Administrative Interpretation Request that was submitted to the City requesting clarification on this issue. A public hearing on these issues has been scheduled for February 10, 2011. Additionally, an Environmental Checklist has been circulated to agencies and adjacent jurisdictions with a comment deadline of January 28th, 2011. Typically, staff would provide a recommendation on Zoning Code text amendments prior to the public hearing. However, staff believes this issue needs public input prior to developing a recommendation as there has been substantial interest from citizens on this issue. Following the study session and the public hearing, the Planning Commission should develop a recommendation to forward to City Council. Spokane 40000 Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum Date: February 2, 2011 To: Spokane Valley Planning Commission From: Christina Janssen-Assistant Planner Re: Chicken regulations (CTA-01-11) In the fall of 2010, following a number of citizen comments, the Spokane Valley City Council requested that staff work with the Planning Commission on the issue of raising chickens in residential areas. Around that same time, the Community Development Director received an Administrative Interpretation Request from a citizen asking for clarification on zoning regulations for keeping livestock in the mixed use zones. These two items are being addressed together as CTA-01-11. Section 19.40.150 of the Uniform Development Code includes regulations for the keeping of poultry and livestock in residential areas. The requirements include a minimum lot size of 40,000 square feet, limits the number of chickens to one per 3,000 square feet of gross lot area, and requires that all structures be at least 75 feet from any habitation, never located in a front yard, and always 10 feet away from a side property line. During the Study Session on January 27th, questions were raised about chicken keeping in general, and potential regulations from other agencies. First, how much space is recommended for a chicken? Backyardchickens.com recommends about 2 square feet inside and between 4-10 square feet outside. Ezinearticles.com recommends approximately two square feet of personal space and an additional three square feet or so of yard space, and wikihow.com uses 4 square feet inside and 10 square feet outside as a rule of thumb. Second, according to Don Copely with the Environmental Health Division, the Spokane Regional Health District does not have any regulations for citizens wishing to keep chickens on their residential lots. The Health Department only becomes involved if animal waste becomes a nuisance or a health concern however, this happens very rarely. Additionally, they have no requirements or regulations for citizens wishing to sell the eggs produced by their chickens. Attached to this memo are additional public comments on this subject received to date. Also under consideration are the regulations for keeping livestock in areas of the City zoned mixed use. Currently, the municipal does not address this issue. In September of last year an Administrative Interpretation was submitted requesting clarification on this issue. At the Study Session, staff was asked to research how many single family residences would be affected by this interpretation. Currently, there are 243 single family residences located in Mixed Use zones. Typically, staff would provide a recommendation on Zoning Code text amendments prior to the public hearing. However, staff believes this issue needs public input prior to developing a recommendation as there has been substantial interest from citizens on this issue. Following the public hearing, the Planning Commission should develop a recommendation to forward to City Council. Jurisdiction Zone Lot Size Number of Location requirements? fowl allowed City of Spokane Valley R-1 40,000 sq. ft. 1 per 3,000 All structures must be at least 75 feet from any gross sq.ft. habitation,never in the front yard,and always at least 10 feet from the side property line. R-2 40,000 sq. ft. 1 per 3,000 All structures must be at least 75 feet from any gross sq.ft. habitation,never in the front yard,and always at least 10 feet from the side property line. R-3 40,000 sq. ft. 1 per 3,000 All structures must be at least 75 feet from any gross sq.ft. habitation,never in the front yard,and always at least 10 feet from the side property line. R-4 40,000 sq. ft. 1 per 3,000 All structures must be at least 75 feet from any gross sq.ft. habitation,never in the front yard,and always at least 10 feet from the side property line. City of Millwood UR-1 10,000-12,000 sq. ft Up to 25 East side oftown/rural in female nature UR-2 5,000-7,200 sq. ft Up to 4 Majority of city female UR-3 5,000-7,200 sq. ft. No fowl Mostly multi-family& allowed located close to commercial districts Spokane County LDR 5,000 sq. ft No fowl allowed LDR-P 43,560 sq. ft 1 fowl/ Any building,structure,yard,runway,pen or 2 000 S . ft manure pile must be 50 feet from any occupied �l structure MDR 4,200 sq. ft No fowl allowed HDR 1,600 sq. ft No fowl allowed Liberty Lake R-1 5,000 sq. ft No fowl allowed R-2 5,000-10,000 sq. ft No fowl Allowed R-3 4,000-8,000 sq.ft No fowl allowed City of Spokane RA 7,200 sq. ft. 1 fowl/ No structure or enclosure for animals or poultry 2 000 sq. ft may be located less than ninety feet from the q centerline of any street,nor from any adjoining lot. RSF 4,350 sq. ft. 1 fowl/ No structure or enclosure for animals or poultry 2 000 S . ft may be located less than ninety feet from the �l centerline of any street,nor from any adjoining lot. RTF 4,350 sq. ft. 1 fowl/ No structure or enclosure for animals or poultry 2 000 S . ft may be located less than ninety feet from the q centerline of any street,nor from any adjoining lot. RMF 2,500 sq. ft. 1 fowl/ No structure or enclosure for animals or poultry 2 000 S . ft may be located less than ninety feet from the �l centerline of any street,nor from any adjoining lot. RHD 2,500 sq. ft 1 fowl/ No structure or enclosure for animals or poultry 2 000 S . ft may be located less than ninety feet from the q centerline of any street,nor from any adjoining lot. City of RS 10,500 sq. ft. No more Kennewick than 3 fowl RL 7,500 sq. ft. No fowl allowed RM 4,000 sq. ft. No fowl allowed RH 4,000 sq. ft. No fowl allowed RMH 7,500 sq. ft. No fowl allowed RTP 1 acre (trailer park) No fowl Option Zone Lot Size Number of Chickens Location requirements (Minimum) 1 R-1 40,000 sq.ft 1 per 3,000 gross sq.ft Any building or structure housing poultry or (Current Minimum lot size 40,000 sq.ft livestock including,but not limited to,any stable regulations) ,paddock,yard,runway,pen,or enclosure,or any manure pile shall be located not less than 75 feet from any habitation R-2 10,000 sq. ft 1 per 3,000 gross sq.ft Any building or structure housing poultry or Minimum lot size 40,000 sq.ft livestock including,but not limited to,any stable ,paddock,yard,runway,pen,or enclosure,or any manure pile shall be located not less than 75 feet from any habitation R-3 7,500 sq.ft 1 per 3,000 gross sq.ft Any building or structure housing poultry or Minimum lot size 40,000 sq.ft livestock including,but not limited to,any stable ,paddock,yard,runway,pen,or enclosure,or any manure pile shall be located not less than 75 feet from any habitation R-4 6,000 sq. ft 1 per 3,000 gross sq.ft Any building or structure housing poultry or Minimum lot size 40,000 sq.ft livestock including,but not limited to,any stable ,paddock,yard,runway,pen,or enclosure,or any manure pile shall be located not less than 75 feet from any habitation 2 R-1 40,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 30'from any property line and 50'from any occupied structure. R-2 10,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 30'from any property line and 50'from any occupied structure. R-3 7,500 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 30'from any property line and 50'from any occupied structure. R-4 6,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 30'from any property line and 50'from any occupied structure. 3 R-1 40,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 50'from any occupied structure and must meet all residential setback requirements. R-2 10,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 50'from any occupied structure and must meet all residential setback requirements. R-3 7,500 sq.ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 50'from any occupied structure and must meet all residential setback requirements. R-4 6,000 sq.ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must be located at least 50'from any occupied structure and must meet all residential setback requirements. 4 R-1 40,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must meet all residential setback requirements. R-2 10,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must meet all residential setback requirements. R-3 7,500 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must meet all residential setback requirements. R-4 6,000 sq. ft 1 per 3,000 gross sq.ft Structures,pens,yards,&enclosures must meet all residential setback requirements. Christina Janssen From: Christina Janssen Sent: Tuesday, February 15, 2011 8:14 AM To: 'Bill Levine' Subject: RE: Please do not lift the restrictions on chicken raising in private neighborhoods in Spokane Valley Dear Mr. Levine: Thank you for your comments. They are being added to the official record which will be forwarded to the City Council for consideration. I did want to let you know that I have located both your property and Ms. Bos property and neither is located within the city limits of the City of Spokane Valley. As such, any decision rendered by the Spokane Valley City Council will not affect your properties. For regulations on keeping chickens in your area,you should contact Spokane County Building and Planning at 509.477.3675. Please let me know if you have any further questions. Sincerely, 1 Christina Janssen Assistant Planner City of Spokane Valley From: Bill Levine f mailto:bill.Ievine©amelson.net] Sent: Monday, February 14, 2011 5:52 PM To: Christina Janssen Subject: Please do not lift the restrictions on chicken raising in private neighborhoods in Spokane Valley Dear Ms.Janssen, I am a very concerned citizen of Spokane Valley. I heard on the radio today that the council is considering easing the restrictions on people raising chickens in their backyards. Please do not do this. This will lower property values. I did not purchase a house in a planned community just to have to deal with chickens running all over the place. One of my neighbors, Michelle Bos,was at your meeting last night to lobby for the easing of these restrictions. I think it's important to know a few things about her and her situation. First, we are not talking about lots that are large. We all have lots that are approximately 1/3 of an acre and quite a few of us do not have fences as we like to have our kids run thru the yards and have fun as it was when we were kids. Second, in this particular case,we are talking about a neighborhood where the average value of a house is$400,000. To hear her complain about the cost of food is ridiculous and although I understand times are tough for everyone but this is a poor reason to consider this. In addition, this is a person who posts on her Facebook account pictures of her chickens running around in diapers. She posts about the mouse she had to catch in her house. I wonder why she had a mouse in her house? We don't have them in our house...Why? Because we don't have all that animal waste and food scraps all over our backyards. This person also had the audacity to insert herself in the Science presenters night at Sunrise elementary school and setup an `exhibit'to pass our all kinds of propaganda. She passed out fliers that begged us not to turn her children into criminals but rather to allow them to raise chickens and stop breaking the law. By her own actions, she is defying the law as it stands today. When I confronted the principle about this, she indicated that she was not aware that Mrs. Bos was doing that and that 1 she would get to the bottom of it. It is despicable to utilize a public and hallowed forums such as an elementary school to push her agenda. She knows no bounds and is only interested in her own self interest. I implore you to keep chickens where they belong, on the farm. There is no need to allow additional animals in such a small area. Please do not let this happen. Thank you, Bill Levine Spokane Valley Resident li 2 TO ALL MEMBERS SPOKANE VALLEY PLANNING COMMISSION: John G. Carroll, Chair; Marcia Sands, Vice Chair; Bill Bates, Rustin Hall,Joe Mann,Joe Stoy, Arne Woodard, AND CITY STAFF: Kathy McClung, CD Dir.; Scott Kuhta, Planning Mgr,AICP; Mike Basinger,Sr. Planner, AICP Re. 1/27/11 STUDY SESSION on Animal Keeping Regulations. The First Axiom of Law is"The absence of evidence is not the evidence of absence." In other words, just because one is not aware of something(or someone),this is not, in and of itself, proof of nonexistence. I am alive, having interacted with many for well over half a century. Does someone's not having met me negate my existence? Fifty years ago, medically-supervised Double-blind-testing revealed my(then)toddler son and I are "toxic/allergic"to a compound which since the Forties is found in more than 50%of all drug base OTC and prescriptive medicines. This compound is also an unlabeled constituent of chemical fertilizer—used since the Thirties as a means to quietly"recycle"this otherwise Class I Toxic Waste product. Forty years ago, the discipline of natural consequence subsequently sponsored independent document research as well as the interviewing of chemical sensitive individuals like us as well as chemists, biochemists,toxicologists, nutritionists and immunologists who thought outside the political box and/or had experienced other chemical-sensitive individuals like us. In the Sixties, our awareness of the (then)faster-to-market(and-faster-acquisition-of-profits) process of Genetic Engineering (GE/GMO "Frankenfoods") and the confinement-raised meat, dairy,fish,fowl and egg industries which must thereby depend upon antibiotics and pesticides to control (such operations can never eliminate)viral and bacterial diseases in crowded food animal production, caused me then to begin to protect my own and my family's health by growing our own food or buying only"organic". As a direct result,today I have nothing in common with my chronological peers(except when I look into a mirror and must then ask"When did that happen?"). One MD in my past ruefully admitted he'd be out of a job if he had more patients like me. Nutritional mitigation of the ubiquitous toxic compound (replete in commercial foods and fast food restaurants) to which our family is hypersensitive is realized only on a biodynamic("organic")foods diet. WHICH BRINGS ME TO THE POINT OF THIS INPUT: Long before the existence of the Spokane Valley City, on our fenced 7/8th acre, here in Greenacres, our animals as well as,we have clean and tidily enjoyed and exemplified the practical, possible reality of a microcosmic biodynamic existence---in spite of creeping urban commercialism, raucously-barking dogs, improperly-muffled and improper off- road vehicle use, and a myriad of noisy next-door renters prone to mouthing words "dirtier"than our chicken's poop! -Kgr,7,-,,.„.„,,,,,_,,,,..,„,.x„.24,40..*:71.00.sowpatwor. ;,_4. } O P 8 N 0 N ,. Food Safety Power Struggle or to"qualified"retailers and restaurants are exempted from the produce safety standards and hazard analysis plans."Qualified" Congress set a new record for confusion with the passage of retailers and restaurants are those that are either in-state or the food safety bill in December. Regardless of one's opinion within 275 miles of the producer;there is no geographic limit on the content,the convoluted procedure used to pass the bill on sales to individual consumers. caused even experienced D.C. watchers' heads to spin. In the The Tester-Hagan amendment was essentially damage con- end,the bill was voted on twice by the Sen- trol. Given the overwhelming public pres- ate and three times by the House. r sure to pass a food safety bill,it was imper- The resulting bill gives the FDA manda- , o table ative to get an amendment to prevent the tory recall power and directs the agency 1 V ® bill from crushing shall local producers. to inspect facilities at last every five years. Even with the amendment, the bill poses Some have lauded these as important im- " problems for the local foods movement. provements, particularly in light of the Nature has no sense The bill still imposes extensive new regula- complete lack of inspection of the Wright of unfair play— tions on medium-scale producers, as well County egg facilities or the Peanut Cor- as empowering the FDA to administra- poration of America's Texas plant. But she is ever true, ever tively detain food based on a much lower the bill does not ensure that the FDA will serious, and the errors standard than was previously required.But use that recall or inspection authority re- the amendment succeeded in carving out a sponsibly. It does nothing to address the and misconceptions sphere of protection for the most vulner revolving door between the agency and are always man's:' able, small-scale business, keeping them industry, epitomized by Michael Taylor's alive to fight the next fight. current position as FDA's food czar follow- —pat Coleby The Tester-Hagan amendment also goes ing his work for Monsanto. Nor does the beyond damage control by setting an im- bill address the underlying causes of most portant precedent, namely that local food foodborne illness, namely the practices of CAFOs and indus- producers selling directly to consumers are different, and trialized agriculture production and processing systems.These should be regulated differently, from the mainstream conven- fundamental flaws make it far too likely that the bill will do little tional food system. This should be an obvious concept, but it to actually improve food safety. has never before been recognized by Congress.The importance The bill's extensive new requirements for producers, par- of this precedent can be seen in Agribusiness'reaction. Major ticularly the produce safety standards and hazard analysis plans industry organizations that had supported the food safety bill (similar to HACCP),favor large-scale industrial producers over for over a year opposed the bill as soon as the Tester-Hagan small-scale sustainable producers. Senator Tester of Montana amendment was included.These group attempted to use every fought for an amendment,co-sponsored by Senator Hagan of delay as an opening to strip the amendment back out, failing North Carolina,to exempt local food producers from these por- only because of the grassroots support for the amendment. tions of the bill. In the final amended bill,producers who gross Agribusiness' control of Congress and the agencies devel- under half a million dollars(adjusted for inflation)and who sell oped over the course of several decades,as more and more fam- more than half their products directly to individual consumers ily farmers were lost to consolidation and consumers became Acres U.S.A.(ISSN 1076-4968)is published monthly by Acres material in this issue in any form without permission of the A@RESU U.S.A„Inc.Subscption rates:U,S,$27,00 per year(12 issues); publisher is prohibited.No permission required for photocopies nternational$37,00 per year,U.S.funds only.Single copies$5.00 made for personal use. SA® ea ch(includes shipping&handling). Acres U.S.A.advertisements are accepted on the premise THE VOICE OF ECO-AGRICULTURE ©Copyright 2011,Acres U.S.A. that denial of the right to sell is also the denial of the right to buy. 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Reproduction of OPINION View from the Country . . from page 5 from page 5 endure high levels of stress and frustra- would we want these chemicals in our food supply." Forget the tion. Cage-free egg production, while debate whether they're beneath a threshold of safety or not, not perfect, does not entail such inher- are they deSirab're?Do we want them, even if given a non-toxic ent animal welfare disadvantages and is alternative? a very good step in the right direction The trutl ''is that it is not a mandate to farm chemically. The big for the egg industry. lie that the world will starve without these chemical crutches is Not cramming hens into cages also just that, a big lie. Speaker Andre Leu eloquently demonstrated benefits food safety A 2010 study found that the only way to feed a growing world population is in fact 20 times greater odds of Salmonella in- through smallholders, or small farms, worldwide.. fection in caged flocks. Rather than defending a system of It will take time to see just how onerous the food safety bill will be confinement that's simply indefensible, for farm and farmers in general, and farmstead sales and small the United Egg Producers may want to farms in particular.We will report on this law and the resulting consider a different approach: Taking a regulations in coming issues. Like so many of our most insult- leadership position by advocating for a ing regulations, it was brought on by the sins of the few. switch to cage-free production systems. —Paul Shapiro Because one fool hid explosives in his shoes, hundreds of millions of travelers now remove their shoes for inspection. Because a Paul Shapiro is the seni r director of The few industrial-scale ag operators and food processors distribute Humane Society of the United States' factory tainted food by the train-carload, expect government gumshoes farming campaign. Printed with permission to be double-checking loose eggs and jellies at the local farmers from Civil Eats,www.civileats.com. market. And that's the view from the country. 4Ck'C$ 0,S'.4,February 2011 73 ( 4�.4'N' y ,f F 4 #tY �4i d A 5 � {{��m,�����y�M,�#a�ffSl�',,,g� , lax{�, " # 4 2.:.3# . �c,:'44abn'GY1?,N�a' ix,, 9 #� Y 1sV # :k — --- — - . . , • , a EC *:Iiii �011`� 0 111 Oh i0 tances for the production of RR alfalfa.: variation in atomic weight..Thechanes-to Though far more transgenic hybrids The USDA has thoroughly analyzed the be trade to the Table of Standard Atomic are available to growers than non-GMO potential environmental 'impacts,of the weights have been published in Pure and hybrids, Ohio growers are snatching up proposed alternatives and has listed two Applied Chemistry and a companion ar- non GMO seed and planting more non preferred options: deregulation as one title in Chemistry International. For ex- non- acres than their Midwest coon option and the other deregulation ac ample, sulfur is commonly known to GMO acres including Indiana,Midwest west C and companied,by a.coinbination of isolation, have a:.standard'atomic weight of 32.065, Iowa. Some reasons, said Ohio State. distances and geographic tesfnctions on However,its actual atomic weight can be University Extension agronomist<State the production of GE alfalfa seed and,in anywhere between 32.059 and 32.076,de- University include economics some,locations,hay; • preriri- pending on where the element is found. urns,and fewer pest problems. Ohio has more non-transgenic corn.acreage than Animals on Drugs any other state in the Corn Belt, Nearly g Wind Turbine Research 30 percent of the acreage is.non-trans- livestock andboultz FDA confirms.that Researchers at the U.S. Department genic,while in other Midwest states, it's `large amot Z s of an -microbiar how wind turbines nafarmlandssinteract typically less than 20 percent. which include anti-bacterials,antibiotics with surrounding crops have found that and anti paras ticals. The report found in-addition to generating electricity,wind Made to the Shade that near y 29 million pounds of anti- turbines in Midwestern farm fields may Plants that lose the battle for light microbials were sold in 2009 for both also help corn and soybean crops stay because they are shaded by larger neigh therapeutic'and non-therapeutic use for .- cooler and.dryer, aiding them in fending boss adapt by rapid shoot elongation all farm animal species.In response;the off fungal infestations and improving and stretching their leaves toward the National Pork Producers Council issued their ability to extract growth-enhancing sun. The molecular basis of this so a news release stating: "0 orients of carbon dioxide from_the air and soil. called shade avoidance syndrome had modern livestock production at ca called unknown to date, but syndrome ing the theory that antibiotic,use in food researchers have now been able. to un- animals is leading to an increase in anti- Off-Bottom Oyster ravel a regulation pathway. A specific biotic resistance in humans and, there- Farming transport protein enables the A spec fore, antibiotic use m. ivestock produc- A new 'oyster farming initiative has tion of the plant hormone auxin,which accumula- tion must be restricted, `Pork producers launched in the northern.Gulf of Mexico. re- plays an important role during this ad use antibiotics responsibly,under the di- The goal of this collaboration between re- aptatian process, in the outer cell layers section of a veterinarian,to protect pub- of the plants;thus enhancing the growth lit health and the health of their aninialS searchers from LSU and of off-bottom University and to produce safe food; said Howard is industry adoption of off bottom oyster process: The findings are, published in culture to supplement the traditional har- Proceedings of the National Academy of Hill,D.V.M.,who serves on the board of vest,Historically,oysters are grown on and Science. directors for the National Pork Produe harvested from reefs on the water bottom. ers Council, `The`FDA report does not In this new process,oysters are grown sus- GE Alfalfa Impact show that livestock roducers, overuse pended in the water column, Benefits of antibiotics,and it doesn't show - at t'e .this new oyster farming:technique include The final environmental impact state- e g irresponsible.It simply shows merit.(EIS)evaluating the potential envi- that 28,7 million pounds of antibiotics increased con ue productivity Production and job creation, ronmental effects of deregulating alfalfa were sold:in the United,States: sustainable'continued do domestic oyster su p safe and genetically engineered to be resistant to _ sustainable domestic oyster supply. the herbicide glyphosate,which is known commercially as Roundup,has been re- For A�t.ii�rlif ,u ii U.S. F°rest Prese Preservation leased;This GE alfalfa is commonly been re- For the'first time iri'history, a change The USDA Forest Service recently ferred to as Roundup Ready(RR) alfalfa, will be madeto the atornic weights of reached a milestone of protecting more The USDA considered three alternatives some elerrients listed on the periodic table The the considered of three anal ves of the chemical elements, The new table. than 2 million acres o m of private forests will express atomic,weights of lid threatened rt development: The Forest 1) to maintain the RR alfalfa's status as hydrogen, Service's Northeastern Area helped the a regulated in article; RR to deregulate as lithium,boron,carbon,nitrogen„oxygen, g y prop- alfalfa;or 3)to deregulate RR alfalfa with silicon, sulfur, chlorine and thallium as agency Ohio reach purchased milestone when the state geograp or 3 restrictions deregulate RR rise intervals,having'upper.and lower bounds, of Ohio urcha in a 15,494-acre prox- arty as the new Vinton Furnace State Ex- geographic x- reflected to more accurately convey this perimental Forest approximately 90 miles , Christina Janssen From: Deanna Griffith on behalf of Planning Commission Sent: Friday, January 28, 2011 7:54 AM To: Christina Janssen Subject: FW: chicken ordinance public comment "leawwci From: Mary Pollard jmailto:marjam17216(amsn.com) Sent: Friday, January 28, 2011 1:27 AM To: Planning Commission Subject: chicken ordinance public comment We support a more liberal chicken code. My neighbor has chickens,turkeys and geese and it never wakes or bothers us. The children find it a very comforting sound and even the new neighbors in the development were very sad when our two banty hen and rooster disappeared a year ago. When our neighborhood held neighborhood meetings we provided a Livestock recommendation that was brought before the neighborhood from our Livestock Committee and 1 fowl per 2,000 sq ft and and the county standard of 50 feet from an occupied structure was our recommendations. During the comprehensive plan process. This would still be our recommendation. Lowering the property required to 2,000 sq feet per bird would be better. Thanks, Mary Pollard North Greenacres Neighborhood Chairwoman 17216 E. Baldwin Ave. Spokane Valley,WA 99016 1 Animal raising and keeping (LDR-P) a. Any building and/or structure housing large and/or small animals and any yard, runway, pen or manure pile shall be no closer than 50 feet from any occupied structure other than the dwelling unit of the occupant of the premises. Manure piles shall not be located within 100 feet of a water well. b. Structures, pens, yards, and grazing areas of large and small animals shall be kept in a clean and sanitary condition as determined and enforced by the Spokane Regional Health District. c. Equivalency Units: A livestock unit equals one horse, mule, donkey, burro, llama or bovine. A goat or sheep equals %Z of a livestock unit. d. Density Requirements: i. Large animals: Three livestock units per gross acre. ii. Small animals: One small animal or fowl per 2,000 square feet. Note: Swine raising or keeping is not permitted. You might read the County Code of the West—nice pamphlet. I think the public would be more served stopping boom boxes in people's cars from being felt in the cars and homes that they stop in front of. 1 Christina Janssen From: val @vlcut.com Sent: Wednesday, January 26, 2011 1:01 PM To: Christina Janssen Subject: Re: Thank you Ms. Janssen. I completely misunderstood the wording- anywhere it said "....and meeting all other current residential setbacks...." I thought meant the current chicken regulations that says the coop can't be any closer than 75 feet from any occupied structure and 10 to 30 feet away from all property lines. I'll definitely be at the public hearing and Pm planning on attending the study session too if I can. This process has been very interesting regardless of what the outcome may be. Thanks for the information. Valerie Dunn Original Message From Christina Janssen [mailto:cjanssen ca spokanevalley.orul Sent: Wednesday, January 26, 2011 11:56 AM To: val(av1cut.com Cc: 'Scott Kuhta' Subject: RE: Dear Ms. Dunn, Thank you for your email. Both options 3 and 4 on the Options Matrix show the setback requirements as "residential setback requirements." That means that structures for keeping chickens would need to meet the same requirements as sheds: 5 feet from the side property line and 5 feet from the rear property line. Additionally, option 4 does not have a requirement for distance from any occupied structure. These options were created by staff after reviewing a number of different regulations from surrounding cities and counties. However, they are only being presented as a "jumping off point" for the larger discussion. The Planning Commission, and later the City Council,will have to opportunity to choose one of these options, make modifications, or go a completely different direction if they want. I hope that you will be able to attend the public hearing on February 10th as the Planning Commission will be taking public comment, and then moving forward with a recommendation to the City Council. Any information from the citizens that will help them with their recommendation is appreciated. Please let me know if you have any further questions. Sincerely, Christina Janssen Assistant Planner 1 From: val(mvlcut.com jmailto:valCalvlcut.com] Sent: Wednesday,January 26, 2011 10:08 AM To: Christina Janssen Subject: Good Morning Ms. Janssen, I was looking at some of the options for amendments to the current chicken regulations and I was wondering if there has been any thought about not requiring so much space between coops and property lines and structures if the coop is not in a permanently fixed location. For instance, we built a Catawba Coop (Catawbacoops.com) for our chickens which not only allows for fresh grazing for the chickens; but also prevents any manure build up thereby preventing odors which I assume are the main reasons for the distance requirements. We just moved our coop every two days,raked the spot and mixed it into our compost bin. I only mention this because I think the distance requirements may be too restrictive for most people. I just thought this might be an idea to consider for people who can't meet the space requirements. Thanks for your time! Have a good day, Valerie Dunn 2 Christina Janssen From: Dave Paperd [dppaperd @me.com] Sent: Friday, January 21, 2011 7:00 PM To: Christina Janssen Subject: Re chickens on Tots Hi. I live in Liberty lake, we have acres and keep 20 chickens. Just to tell you that they are wonderful ground birds if you get layers. 4 on a regular size lot would keep the bugs down and keep the ground scratched up. The make very little noise except clucking. Which is pleasant. Roosters are the problem. We have one,but he crows as early as 4:30 a.m in the summer. But the girls like life without him just fine and lay just as well. There are a number of ways shown on the web for keeping them in small yards. Small houses or pens that you move daily from place to place. People will get 4 eggs a day regularly from 4 hens during the summer. We took a kids playhouse and insulated it and put boxes in it and warm lights. IF you keep a timer and then have the timer on for light at 4 am during the winter and till 7 pm you will get 2-3 eggs a day during the winter. We love them. Their are no noxious odors. The sawdust or shavings which comes from their house after awhile makes wonderful fertilizer. Sometimes the birds will fly out of their yard while they are young. Their wingfeathers can be clipped on one wing. once they gain full weight however there is no more flying going on. Have fun. This is a GOOD idea. I keep all 20 in a chicken pen during the winter. probably 50 X 40' and they have the run of about 15,000 feet of grass. So a small lot will handle 4. Having a fenced lot will eliminate neighbors being unhappy with them. They will go anywhere and scratch for bugs. Dave a e spa erd(cr _.ac.com The Green Ridge Fund, Inc. Vice President,Designated Broker Cell#509-879-6789 Office#509 255-6638 1 Christina Janssen From: Dan Rash [dadrash @juno.com] Sent: Friday, January 21, 2011 5:01 PM To: Christina Janssen Christina Janssen, 1 I would like to comment on the proposed amendment to the animal keeping regulations of the City's Municipal Code. This proposed amendment will address whether or not chickens will be allowed on lots of less than 40,000 sf. In our tough economic times, it is good for us to consider many options for residents to be able to have fresh food (eggs and chicken are examples of this.) The hard part of doing this is that any livestock produces excrement which has to be dealt with. I live on a little over 1/2 acre (>20,000 sf.) I compost and have a garden. I would have room for a small coop for 5-10 chickens and the ability to compost and use the excrement for the garden. I would think that my lot is on the borderline edge of being able to do this without bothering my neighbors with smell. So, I would support changing the ordinance to 20,000 sq ft for chickens and change the 75 foot setback to 50 feet while keeping the 1 chicken/3000 sq feet limit (would be 7 chickens for a 1/2 acre lot.) Thank you, Dan Rash Spokane Valley Resident Globe Life Insurance $1* Buys $50,000 Life Insurance. Adults or Children. No Medical Exam. http://thirdparty offers.Juno.com/TGL3131/4d3a2c92cd465d27417st06vuc it 1 Planning Commission RECEIVED Spokane Valley, WA 99206 JAN 8 2ol SPOKAW VALLEY January 14, 2011 DEPARTMENT OF COMMUNITY DEVELOPMENT To Whom it May Concern, 1 am writing in regard to letting home owners in the Spokane Valley have the right to own a few chickens in their back yard. My husband and. I see no reason why a few hens to enjoy would be of any problem for anyone. Home owners have clogs, cats, etc. but not allowed to have a few chickens to enjoy watching them in the back yard getting bugs or in order to have a few fresh eggs. We can see maybe a rooster might cause some concern because of the crowing, but what harrn could a few hens cause? Even if you are on a small lot we see no reason for them being banned if their small coop is kept clean and the chickens are kept in your own back yard? So, please give this some consideration as there are a lot of chicken lovers out there right along with dog and cat lovers. Sincerely, �- 1,v" Carolyn and Chuck Rohr E. 10816 22' Ave. Spokane Valley, \VA 99206 Christina Janssen From: Kathy McClung Sent: Tuesday, January 18, 2011 9:07 AM To: Christina Janssen Cc: Deanna Griffith Subject: FW: chickens in residential areas Here is another comment on chickens. From: Chris Bainbridge Sent: Friday, January 14, 2011 3:00 PM To: City Council Cc: Kathy McClung; Mike Jackson Subject: chickens in residential areas I received the following telephone message this afternoon. She asked that I send you her comments as she said she doesn't have access to a computer, and doesn't get out in bad weather: Carolyn Pickett 4322 East 14th Spokane Valley, WA 99212 536-0951 1. Said rooster crowing is no different than listening to dogs barking all night long when they're not taken care of properly 2. People who have chickens want them for organic grown food sources. They know what they're feeding them so the eggs and the chicken will be organic grown, and that some have them as pets. They eat the chickens and eat the eggs and want to keep their current lifestyle 3. Why are "they"trying to keep one chicken per 'x' number of acres of land? If you're trying to keep out the corporations, she's in favor of that. Said she is not trying to make neighbors unhappy 4. Realize that people who have chickens are not just using them as a nuisance—they eat them Chris Christine Bainbridge,MMC Spokane Valley City Clerk (509)720-5102 1 RECEIVED November 4, 2010 F' 2010 To whom it may concern: SPOKANE VALLEY O'O,MDEPARTMENT DEVELOPMENT I own 2 acres of land in a mixed used zone in Greenacres,the east rural section of the Spokane Valley. The address of this property is 18004 E. Cowley (Parcel number 55184.1512), I would like to use this land to keep large animals. Multiple homes with large animals are in the neighborhood. In fact, one home with large animals is across the street (residential zone)and several homes within the mixed use zone have large animals in the neighborhood. Large animals have been on this property in the last year. Since the zoning is mixed use,no allowance is provided for large animals. My proposal is to change the code so that mixed used zone uses the same criteria as adjacent residential zones as outlined below in 19.40.150. Rationale for the proposal: • Surrounding property in both mixed use zoning and residential zoning support large animals. • As population density increases in the area,the property use will naturally change because of increases in land value and property tax increases. ® My land use is unfairly restricted compared to other property use in the neighborhood. Thank you for consideration of my proposal. Kristine A. Pettibone P® Box 32 Greenacres, WA 99016 Kris.Steve@ Comcast.net 19.40.150 Animal raising and keeping. Where permitted,the keeping of poultry and livestock(excluding swine)is subject to the following conditions: A. The lot or tract must exceed 40,000 square feet in area; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including,but not limited to, any stable,paddock,yard, runway,pen, or enclosure, or any manure pile shall be located not less than 75 feet from any habitation; E.No building or structure housing poultry or livestock including,but not limited to, any stable, paddock, yard,runway,pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is limited as follows: 1.Not more than three horses,mules, donkeys, bovine, llama or alpacas shall be permitted per gross acre; or 2.Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of subsections(F)(1) and(F)(2)of this section; G. Small Animals/Fowl. A maximum of one animal or fowl, including chicken, duck,turkey, goose or similar domesticated fowl, or rabbit,mink,nutria, chinchilla or similar animal,may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl; and H. Structures,pens,yards, enclosures,pastures and grazing areas shall be kept in a clean and sanitary condition. (Ord. 07-015 § 4,2007). Horne dtSearch 7.65(7896) Christina Janssen From: Kathy McClung Sent: Tuesday, December 14, 2010 11:08 AM To: Christina Janssen Cc: Scott Kuhta; Deanna Griffith Subject: FW: Chickens Original Message From: Sue Passmore Sent: Monday, December 13, 2010 12:18 PM To: City Council; Mike Jackson; Kathy McClung Subject: FW: Chickens > Original Message > From: George Wigen rmailto:gdwigen @comcast.net1 > Sent: Saturday, December 11, 2010 12:34 PM > To: City Hall > Subject: Chickens > Please allow residents to have laying hens. 8-12 per home would be great. > Sent from my iPhone • 1 Christina Janssen From: Scott Kuhta Sent: Tuesday, November 02, 2010 2:13 PM To: Chris Berg; Bill Schultz; Christina Janssen; Greg McCormick; Karen Kendall; Lori Barlow; Martin Palaniuk; Micki Harnois; Mike Basinger; Scott Kuhta; Tavis Schmidt Cc: Kathy McClung Subject: FW: Animal Keeping FYI From: Daniel Coslic [mailto:dreoslic @gmail.com] Sent:Tuesday, November 02, 2010 1:48 PM To: Scott Kuhta Subject: Re: Animal Keeping Scott, That is great news! Thank you so much for your assistance in this matter. It is greatly appreciated. Dan On Tue,Nov 2, 2010 at 1:38 PM, Scott Kuhta<skuhtaAspokanevalley.org>wrote: Dan, I have good news for you. After taking a closer look at the parcel information on the Assessor's web site, it appears that they have the wrong lot dimensions. We show the parcel to be about 40, 783 square feet and we are notifying the Assessor about this discrepancy. With this new information I can affirm that you can keep two goats at 224 North Blake, Assessor's Parcel No. 45221.9215, subject to the conditions below. Please print a copy of this email in your records if you decide to purchase the property. Regards, Scott Kuhta,AICP, Planning Manager City of Spokane Valley (509)720-5334 skuhta @spokanevalley.org www.spokanevalley.org 19.40.150 Animal raising and keeping. Where permitted,the keeping of poultry and livestock(excluding swine)is subject to the following conditions: i A. The lot or tract must exceed 40,000 square feet in area; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including,but not limited to, any stable,paddock, yard,runway,pen, or enclosure, or any manure pile shall be located not less than 75 feet from any habitation; E.No building or structure housing poultry or livestock including, but not limited to, any stable,paddock, I yard,runway,pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is limited as follows: 1.Not more than three horses,mules, donkeys,bovine, llama or alpacas shall be permitted per gross acre; or 2.Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of subsections (F)(1) and(F)(2) of this section; G. Small Animals/Fowl. A maximum of one animal or fowl, including chicken, duck, turkey, goose or similar domesticated fowl, or rabbit,mink,nutria, chinchilla or similar animal,may be raised or kept per 3,000 square feet of gross lot area. In addition, a shed, coop,hutch or similar containment structure must be constructed prior to the acquisition of any small animal/fowl; and H. Structures,pens,yards, enclosures,pastures and grazing areas shall be kept in a clean and sanitary condition. (Ord. 07-015 § 4,2007). From:Daniel Coslic[mailto:dreoslic@gmail.com] Sent: Tuesday,November 02,2010 1:07 PM To: Scott Kuhta Subject:Re:Animal Keeping Hi Scott, Yes I would like to meet with you to discuss this situation further. I am able to get out of work approximately 4pm,possibly 3:30pm. Would sometime after 3:30 be good for you to meet someday this week or next at City Hall? Lianne and I enjoy living in Spokane Valley and would like to stay in the valley. We are engaged to be married and are in the process of fmding a suitable house for both of our families... and the two small goats. The house mentioned seems,to use Goldilocks's words, "just right" for us. The other properies within Spokane 2 Valley appear to be the same size plots that are within our price range and not much larger(are less than 40,000 sqft). I look forward to further discussion and direction in this issue. Thank you, Dan Coslic (c) 509.979.4188 On Mon,Nov 1, 2010 at 4:37 PM, Scott Kuhta<skuhta@,spokanevalley.org>wrote: Hi Dan, I received your inquiry about keeping two goats at 224 S. Blake Road in Spokane Valley. Section 19.40.150 of the Spokane Valley Municipal Code addresses animal keeping. The regulations allow animal keeping, including goats, on parcels 40,000 square feet or greater. The property in question is approximately 37,012 sq ft per Assessor's records, about 3,000 square feet short of the minimum lot size for keeping animals such as goats. City Council recently directed the Planning Division to review this section of the Code specifically relating to keeping chickens. If you are interested in this process,we can add your email address to our distribution list for meeting notices. Please contact meat your convenience if you would like to discuss your issue in person. We can either talk on the phone, or, if you have time, I would enjoy meeting you here at City Hall. Regards, Scott Kuhta, AICP,Planning Manager City of Spokane Valley (509) 720-5334 skuhta@spolcanevalley.org www.spokanevalley.org 3 Deanna Griffith From: Kathy McClung Sent: Wednesday, October 13, 2010 1:55 PM To: Deanna Griffith Subject: FW: Chickens From: Sue Passmore on behalf of mayor/ councilmembers Sent: Wednesday, October 13, 20:10 1:55:20 PM To: City Council; Mike Jackson; Kathy McClung Subject: FM: Chickens Auto forwarded by a Rule ----Original Message-- From: George Wigen rmailto:gdwigen©comcast:net] Sent: Wednesday, October 13, 2010 11:217 AM To: mayor/ councilmembers Subject: Chickens 1 live hi the Spokane Valley and have for over 50 years. In the past I've kept laying hens for fresh eggs: now find that no longer allowed to do that on my property: Sad! Pease amend the code to allow a homeowner to have a few laying hens: A maximum of a dozen would be reasonable: George Wigen 991-0105 Sent from my iPhone Deanna Griffith From: Kathy McClung Sent: Wednesday, October 06, 2010 11:08 AM To: Deanna Griffith Subject: FW: Notes and Comments, Oct. 5 Council Meeting From: Bill Gothmann Sent: Wednesday, October 06, 2010 11:08:08 AM To: Diane Lee; Kathy McClung Subject: RE: Notes and Comments, Oct. 5 Council Meeting Auto forwarded by a Rule rh,ink, you ;o,.. your input. I €4ndeis[and the Pidriilllit, C minis ion is C;on fideHng this issue, so 1 \mill forward this co co,111;ltdii4t'` t dib 3firr',E€ (ill 't:o K,Ithv mtclUo,„ who OVer"se6 r this Commission, From: Diane Lee [mailto:gjdllee @msn.com] J Sent: Wednesday, October 06, 2010 10:21 AM To: Bill Gothmann Subject: RE: Notes and Comments, Oct. 5 Council Meeting I am interested in the "chicken issue". We live in the Ponderosa neighborhood on an acre as well as our neighbors. They have 3-6 (?) chickens and they SQUAWK at all hours. They have a "pen" near our bedroom windows and wake us up @ 5 - 5:30am on a regular basis. PLEASE do not let the regulations be lessened from what they are now. I can't imagine what a nuisance they would be on a smaller piece of property! They are dirty - leaving their droppings everywhere! I wish I had a recourse to make my neighbors move their pen from near our bedroom windows but they are not friendly. Two years ago they also added 2 turkeys -talk about noise I could hardly stand it and I won't put up with that again! Two weeks ago 2 of their chickens got into our yard and they are bigger than one of my dogs! Thankfully he wasn't hurt! Anyway I thought I would share another perspective on the "chicken issue" Thanks for listening, Diane and Geoff Lee From: bgothmann @spokanevalley.org To: bgothmann @spokanevalley.org Date: Wed, 6 Oct 2010 10:03:38 -0700 Subject: Notes and Comments, Oct. 5 Council Meeting Good Morning: Attached are my Notes and Comments for the Oct. 5 Council meeting. I publish these the day after the Council meeting to keep citizens informed on what is going on in their City. I try to be as impartial as possible, 1 Deanna Griffith From: Kathy McClung Sent: Thursday, August 26, 2010 12:16 PM To: Deanna Griffith Subject: FW: Keeping of Backyard Chickens From: Sue Passmore on behalf of mayor/councilmembers Sent: Thursday, August 26, 2010 12:15:31 PM To: City Council; Mike Jackson; Kathy McClung; Chris Bainbridge; Cary Driskell Subject: FW: Keeping of Backyard Chickens Auto forwarded by a Rule From: val©vlcut.com [mailto:val©vlcut.com] / Sent: Thursday, August 26, 2010 12:07 PM To: mayor/ councilmembers Cc: steve©vlcut.com Subject: Keeping of Backyard Chickens Dear Council Members, On Tuesday, August 24, 2010; I spoke briefly about the regulations on keeping backyard chickens in Spokane Valley and requested they be changed. Because I am a highly nervous public speaker, I wrote down all the points I wanted to touch on during my three minutes to speak; and still forgot to mention the things I'd like to mention regarding keeping backyard chickens. My understanding, after speaking to Chris Berg with Code Enforcement, is that, when Spokane Valley incorporated,they adopted all of the Spokane County codes. I would imagine some or many of those codes were written many years ago and were fitting for the times. But,the suburban ideal is a dynamic concept; as more people become interested in living a greener lifestyle in the suburbs,the idea of what is "ideal" evolves to reflect the community's values. People have started to realize that maintaining a close connection to our food is a positive, not a negative, and is part of living a more sustainable lifestyle. Farmers' Markets are experiencing a revival,people are gardening more, and communities around the nation are changing decades-old laws forbidding the keeping of chickens. It was mentioned by one of you that "Martha Stewart thinks it's a good idea to have backyard chickens". But I think it's so much bigger than that. I'd ask that you just take a look at your local news stands and note all the magazines regarding sustainable living, greener living, organic gardening, backyard chickens, urban homesteading etc... and see that it's a huge movement in this country. There's a great website called thecitychicken.com that has a list of all the cities that allow residents to keep chickens that would also give you an idea of how big this movement is in this country. There are a few topics I wanted to touch regarding the potential negatives of chickens and the positives of chickens: Chickens are not a nuisance. They are not smelly. According to the OSU extension office, the average laying hen produces .2-.3 lb of droppings per day. The average dog produces a pound a day. Unlike dog or cat feces which carry pathogens and cannot be composted; chicken manure provides a great free source of organic fertilizer when composted. Since the average chicken keeper is also a gardener,this is a great benefit. And speaking of compost, I have a large compost bin and my chickens spend hours every day turning it and finding bugs which is a wonderful side benefit. i They're also good for the environment because they eat bugs and weeds eliminating the need to use chemicals. Chickens are also great mousers and will catch and eat snakes. Hens are not noisy. They cluck for a few moments when they're laying an egg; but otherwise are very quiet. Their clucks are certainly no louder than that of a small dog. When you live in a neighborhood, there are lawn mowers running, motorcycles and trucks driving by, children laughing and screaming, dogs barking, birds chirping and there's no reason why a chicken clucking for 30 seconds should be considered a nuisance. They do not lower property values. Some prospective home owners may be more attracted to a community with a progressive stance on green issues such as chicken keeping. Some cities with the highest property values allow backyard chickens such as Seattle, WA; Portland, OR; Denver, CO,New York,NY, Washington D.C.; San Francisco, CA; San Diego, CA; & Los Angeles, CA. Some of your closest neighbors allow backyard chickens such as Spokane, WA&Millwood, WA. Lastly, of course, is that they provide us with fresh eggs every day. A hen matures and starts laying at around 4 months of age and will lay almost every day for about 3 years and then sporadically thereafter until she passes away. Most backyard chicken keepers consider their chicken a pet, and unlike a typical farm animal, would continue to be a loved member of the family until she dies. II I hope you will consider some of these things when making your decision. Thank you for your time, Valerie Dunn 2 Deanna Griffith From: Kathy McClung Sent: Wednesday, September 22. 2O1O7:31 PM To: Deanna Griffith Subject: FW: Notes and Comments, Sept. 21 Council Meeting From: Bill Gothmann Sent: Wednesday September 22. 2O1O7:3O:35PK4 To: max j hnoto / Cc: Kathy McClung Subject: RE: Notes and Commanto, Sept. 21 Council Meeting Auto forwarded by a Rule Hi, Max: This was ale opinion when vve passed the ori8ina| ordinance. However, I'm always ready to take another look a1a subject Personally, | 6o not see aneedtn change the ordinance: Please forward your comments io the Planning Commission when thuVtake up the matter, 13/leanwhite, forward this email to our Development Directpr so she can forward it to the PC when they take it up, 4sfortheanimo| fee, | shou|dno1eLhatvve (SpokaneVaUeya|one) stiUarespendinCover$30O,OOOperycaronanima| control, The tee will now be the same as Spokane City. 8iU From: max johnston [mailto:max©aircontrolspokane.com] Sent: Wednesday, ber 22, 2010 2:55 PM To Bill Gothmann Subject: RE: Notes and Comments, Sept. 21 Council Meeting Bill, A few comments: Chickens in residential zones: Really badidea! Roosters start crowing wefl hefore dawn, and they keep t up for hours. This is equivalent to dsturbug the peace, E3adideai Dog and cat license fees: These fees are too high already in my opinion. A further raise is just unreasonable. My complaint is especially with the ^unai&ans6^ dog fees. $5O.OU per year just h buy the license? Ridiculous! R is disincentive for peope to even icense their dogs. Max Johnston From: Bill Gothmann [mailto:bgothmann©spokanevalley.org] Sent: Wed September 22, 2010 6:30 AM To: Bill Gothmann Subject: Notes and Comments, Sept. 21 Council Meeting Good Afternoon: Attached are my Notes and Comments for the Sept. 21 Council meeting. I publish these the day after the Council meeting to keep citizens informed on what is going on in their City. I try to be as impartial as possible, restricting my opinions to clearly labeled "Opinions." I include "Notes" as needed to explain an action that may not be perfectly clear. Notes and Comments are my own, and have not been reviewed by Council. If you or your friends wish to be added to my email list, email me at votlta Eanaur)�; o.std e v llf v of Also, feel free to email me if you have any concerns or wish to discuss issues. I appreciate the opportunity of being able to exchange views. Sign up to get `Hot Topic,' our community newsletter, sent to your email InBox. Go to the City's web page, Ja l a , and click on"subscribe to our community e-newsletter, Hot Topic". Unsubscribe: This email is provided as an informational service to those interested in staying informed on City of Spokane Valley programs,projects and issues. If you wish to no longer receive these emails, please reply to this email and include "unsubscribe" in the subject line. Bill Gothmann Councilmember 2 Deanna Griffith From: Kathy McClung Sent: Thursday, September 23, 2010 3:46 PM To: Deanna Griffith Subject: FW: Backyard Chickens From: Bill Gothmann Sent: Thursday, September 23, 2010 3:43:17 PM To: mayor/councilmembers Cc: Kathy McClung Subject: RE: Backyard Chickens Auto forwarded by a Rule Michelle: Thanks for your input. I am forwarding it to our Development Director, since she will be working with the Planning Commission to take testimony on this matter. Bill Gothmann Councilmember From: Sue Passmore On Behalf Of mayor/ councilmembers Sent: Thursday, September 23, 2010 7:30 AM To: City Council; Mike Jackson; Cary Driskell Subject: FW: Backyard Chickens From: Bos, Michelle [mailto:mbos @krem.com] Sent: Thursday, September 23, 2010 4:18 AM To: mayor/ councilmembers Subject: Backyard Chickens Hello, I am writing in support of backyard chickens. Six weeks ago, our family purchased 3 chicks and all the supplies necessary to raise them in our backyard. Our lot is 1/2 an acre. I can tell you that it has been a joy ever since. With our 3 pullets (young hens), we have been able to provide them with outdoor housing which is no larger than a dog house, and blends beautifully and unobtrusively with our backyard landscape in our upscale suburban neighborhood. The birds are clean animals, hens (not roosters) are relatively quiet, and they don't bite. We recently were offered a service by Living Water Lawn Care to spray for lawn damaging craneflies for the cost of about$56. We don't need it, because craneflies are one of our chicks' favorite treats. What other animal provides eggs (and for some, eventually dinner), garden fertilizer, and pest control all wrapped up in a bird that also can make a tame and loving family pet? Yes, there are irresponsible pet owners whose cats are allowed to freely roam the neighborhood, and whose dogs bark incessently, defecate on other people's property, and may even bite. These problem pet owners, however, do not represent the majority, and should not prevent the rest of us from legally enjoying these animals. So it should be with chickens. As far as odor, I recently stuck my head in the chicken coop, and all I smelled was the scent of pine shavings--which was way more pleasant than the pile of dog poo that was deposited by my neighbor's dog after he dug under my fence the other day. I sincerely hope you will consider loosening the restrictions on backyard chickens. The Salem, OR city council just recently passed an ordinance allowing up to 3 backyard hens, and many other cities are jumping on the bandwagon. While I live 1 block outside of the city limits of Spokane Valley, in Greenacres, I am advocating for this change in the ordinance in the hopes that the county might consider something similar in the near future. Sincerely, Michelle Bos KREM2 Meteorologist & backyard chicken owner 2 Deanna Griffith From: Kathy McClung Sent: Sunday, September 26, 2010 5:09 PM To: Deanna Griffith Subject: FW: A few things From: Bill Gothmann Sent: Sunday, September 26, 2010 5:09:14 PM To: Lacey Heinz Cc: Kathy McClung Subject: RE: A few things Auto forwarded by a Rule Thanks for the email, "Oi '(JO y enjoyed V aI 'rtr i, tOO. What l great event! And ft has j,;"oNl so much since last year, As for the chickens,ns, I know that when we passed the ordin;anc_e prohibiting them, we had had multiple complaints from folks complaining laming abrut chickens running ing a1cf oss their property, But CIrnes change, Let us see what testimony we (yet from the public when the Planning Commission holds its hearings. I'm copying this to our Community Development Director as she will be working with the Commission on this question. We really do have „r_ax rolls working for us, both in the police and in our city stall, They try theft best:to give great service oIIIo im From: Lacey Heinz [mailto:lmheinz @gmail.com] Sent: Sunday, September 26, 2010 1:01 PM To: Bill Gothmann Subject: A few things Hi Bill, I just wanted to write you about a few things. Our family thoroughly enjoyed Valleyfest this weekend...the parade was especially wonderful. We also wanted to say that we would love to have a few chickens in our back yard, so we're hoping that you guys will pass the new ordinance. Lastly, my husband and I wanted to thank you for helping us deal with our neighbor who holds the swim lessons. After my husband got in contact with the City Manager, swift action was taken and the police were out writing tickets. After that, we saw a huge decrease in illegal parking and the volume of parking went down tremendously. 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[ , A Y 1 "`tom 6e- C ) /� ciz,,,,,y1. c_i_.,s 6 ef., Ivt,,iiit, A,._11 )_____R7-.-c3, --, 0 A16---\----- r i i---„A) ice- f.- 77). c c � ; )d-o \ L 5 ` - 1 /3 /.5�5 r PO f l/ -, e _ 1 . air V/ c.--.)t airii -z' z----Au 5- 7 id • Lik-ky cs ' dlii0-1)4A-1\ , 1 1 ..,,, 1 , _...,..C) '' '''' ,...., (- LA r', ., C'''''' 61 P -1 c.,,r) i c-> ,., k--sy'--A - - P (t . ,,,,,f) , . to , - (4) I f , Y") r 'T. ------C) N r\-') ) (..1 yi rx { ,,,........., Do, (,)\ , CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Feb. 22, 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: Amendment to the Spokane Valley Municipal Code (SVMC) Appendix A: "Adult Retail Use Establishment" Definition GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040; RCW 36.70A.106 PREVIOUS COUNCIL ACTION TAKEN: November 16, 2010 - Council consensus to forward the text amendment to the Planning Commission for consideration. BACKGROUND: The amendment to the definition is proposed to clarify that the on-premise viewing of adult-oriented films in exchange for compensation is not a permitted use of an adult retail use establishment. The current definition could be interpreted to mean that showing an adult movie is permitted because the definition currently allows for the "viewing of adult oriented merchandise." Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an adult entertainment establishment. SVMC Chapter 5.10 regulates adult entertainment establishments and requires each establishment to obtain an "Adult Entertainment Establishment" license. Adult retail use establishments are not regulated by Chapter 5.10 and are not subject to the same licensing requirements as an adult entertainment establishment. On January 13, the Planning Commission conducted a public hearing and considered the language of the text amendment proposed by staff. The Commission decided that stronger language should be considered that further restricted movie viewing to promotional clips in a visible location and directed staff to provide an alternative definition. On February 10, 2011 an alternative definition was provided to the Planning Commission for consideration. After much discussion the Commission voted 4-3 to recommend to the Council that the Planning Commission Alternative definition be considered. Staff does not support the proposed Planning Commission Alternative definition because it regulates based on the expectation of adverse impacts, rather than evidence of such impacts. If the City finds that the alternative proposed by staff does not achieve the desired result of limiting viewing of adult video in the nature of an arcade to adult entertainment facilities, it can come back with a second amendment to address specific problems. This incremental approach should reduce risk for the City. Both definitions are provided as Exhibit 1 for Council Review. OPTIONS: Proceed as proposed, or as modified, or direct staff further. RECOMMENDED ACTION: Council consensus to bring this forward for an ordinance first reading at the March 8t", 2011 Council meeting. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Lori Barlow, AICP, Associate Planner ATTACHMENTS: (1) Exhibit 1: Draft Amendments; (2) Staff report and exhibits to Planning Commission for 1/13/11 public hearing RCA Study Session for CTA-09-10 1 of 1 Exhibit 1 Proposed Text Amendment CTA 09-10 Appendix A DEFINITIONS Staff Recommended Amended Definition: 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 transferring, or viewing 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. Planning Commission Alternative Definition: 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 transferring, or viewing of adult-oriented merchandise. Any viewing of adult-oriented merchandise in an adult retail use establishment must be done on the general sales floor, and in full public view, and is limited to merchandise available on the shelves and /or the viewing of promotional film clips, and shall not be in exchange for money or any other form of consideration. CTA-09-10 Page 1 1 City Council Meeting February 22, 2011 Text Amendment to the Spokane Valley Municipal Code Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S``inkan�e "` CITYHALL@SPOICANEV Department of Community Development Planning Division Description of the Code Text Amendment 2 ❑ Amend the definition to clarify that Movie Viewing for a fee is not allowed within an Adult Retail Use Establishment. ❑ 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, transfer, or viewing of adult-oriented merchandise. Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S"pnkan CITY HALL[a�SPOIANE'v Department of Community Development ' lley Planning Division Why_is the Amendment Necessary? Current definition can be interpreted to allow viewing of adult oriented films within a adult retail use establishment. Code Intent To limit the viewing of adult themed films to occur within adult entertainment esta blishments which are appropriately regulated Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S``inkan�e "` jiea.Uaelagige.6 CITYHALLpSPOICANE'v Department of Community Development Planning Division Back ground Information Adult Retail Use Establishment ❑ Allows Sales, rentals, loans, trades or transfer of Adult- oriented Merchandise Regulated by Zoning Chapter 19.80 i.e. Castle Stores, Erotic Boutique, etc. Adult Entertainment Establishment ❑ Allows adult arcades and live adult entertainment establishments. ❑ Regulated by Zoning Chapter 19.80 and Chapter 5. 10 Adult Entertainment Establishments i.e. Deja Vu Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S"pnkan CITY HALL[a�SPOIANE'v Department of Community Development Mi1te_y Planning Division hat' s the difference? Adult Retail Use Establishments Governed only by Zoning Chapter 19.80 Limits location to Community Commercial and Regional Commercial Zone Sets Buffer Requirements 1000 ft from Public Library, parks, schools, religious institutions and other adult uses. 1000 ft from all other zoning districts and UGA boundary Adult Entertainment Establishments ❑ Governed by Zoning — Ch 19.80 ❑ Governed by Chapter 5. 10 License Required for owner operator, managers, and entertainers L Specific Application Process ✓ Defines standards of conduct, personnel and operation requirements ✓ Premises specifications for entertainers and arcades; ✓ Hours of Operation ✓ Etc. Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S``inkannee CITYHALL@SPOICANEV Department of Community Development Planning Division avrrevt Definition IMF 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, transfer, or viewing of adult- oriented merchandise. Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 S"pnkan CITY HALL[a�SPOIANEV Department of Community Development Ali Planning Division SthffPraposet Amendment fo Definition Ei 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, transferring, or vicwing of adult-oriented merchandise. The retail use establishment may permit patrons to view the adult- oriented - - - - - - - - I • se or ental but such on- remises viewin • shall not be e for money or any other form of consideration. Staff Report and Recommendations to the He Removes the incentive to have RE¢-01-05/SUB-o '-O5 , charge can be levied. S``inkannee ' llev CITYHALLpSPOICANEV Department of Community Development Planning Division i 1 PI,awwiw0 01/1A,VIAISS1.014, Prooseot Amendment o 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 transferring, or viewing of adult-oriented merchandise. Any viewing of adult-oriented merchandise in an adult retail use e done on the general sales floor, and is limited t and/or the sewing of promotional film c ips not be in ex e for money or any othe - of consideration. Differences - Controls viewing location Staff Report and Recommendations o e -earl • ' 447 = %sewing to clips R F7-01-0S/SI I R-07-0S S"pnkan� CITYHALL.SPOIANEV Department of Community Development Valle Planning Division Questions ? Staff Report and Recommendations to the Hearing Examiner REZ-01-05/SU B-02-05 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION Spokane STAFF REPORT AND RECOMMENDATION TO THE I Valley PLANNING COMMISSION CTA-09-10 STAFF REPORT DATE: JANUARY 5,2011 HEARING DATE AND LOCATION: January 13, 2010, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: A code text amendment to the Spokane Valley Municipal Code (SVMC)Appendix A: Adult Retail Use Establishment Definition. The city initiated proposal adds language to clarify the permissible uses of an adult retail use establishment. This proposal is considered a non-project action under RCW 43.21C. PROPOSAL LOCATION: The proposal affects all Adult Retail Use Establishments located within the city of Spokane Valley. APPLICANT: City of Spokane Valley APPROVAL CRITERIA: Title 17.80 Type IV applications — Text amendments to the uniform development code, Title 19.30.040 Development regulation text amendments, and Title 21 (Environmental Controls)of the SVMC. SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission approve the proposed text amendment to Appendix A of the SVMC. STAFF PLANNER: LORI BARLOW,AICP, Associate Planner, Community Development Department ATTACHMENTS: Exhibit 1: Proposed Text Amendment Exhibit 2: SEPA Determination Exhibit 3: Public Comments BACKGROUND INFORMATION A. BACKGROUND INFO The current definition for Adult Retail Use Establishments could be interpreted to mean that viewing an adult movie is allowable because the definition currently allows for the "viewing of adult oriented merchandise." The proposed amendment clarifies that the on-premise viewing of adult-oriented films in exchange for compensation is not permitted within adult retail use establishments. The current definition creates enforcement difficulties for the Spokane Valley Police Department and/or the Code Compliance Department,and is ineffective in controlling illegal activity. Adult arcades, or adult movie theatres, are specified in the SVMC as an allowable use of an adult entertainment establishment. SVMC Chapter 5.10 regulates adult entertainment establishments and requires each establishment to obtain an"Adult Entertainment Establishment"license to legally operate. Adult retail use establishments are not regulated by Chapter 5.10 and are not subject to the same licensing requirements as an adult entertainment establishment. Staff Report to Planning Commission CTA-09-10 Page 1 of 5 Adult entertainment establishments and adult retail use establishments are only allowed in the Community Commercial and Regional Commercial Districts. The changes in the definition does not affect the zoning districts where the adult use establishments may locate,but clarifies which type of establishment is permitted to show adult movies to ensure the proper licensing is obtained. The draft amendment was prepared by the City Attorney's office. The draft addresses the issues identified above while recognizing legitimate and constitutionally protected rights to freedom of expression. The amendment specifically addresses the fact that certain adult retail use establishments are allowing adult oriented movies to be viewed for a fee. Staff believes this use was intended by the City Council to only be allowed within a licensed Adult Entertainment Establishment. B. APPLICATION PROCESSING Chapter 17.80 Permit Processing Procedures in the SVMC. The following summarizes key application procedures for the proposal. Date of Published Notice of Public Hearing: December 24, 2010 Issuance of a Determination of Non-Significance (DNS): December 24, 2010 End of Appeal Period for DNS: January 7, 2011 C. PUBLIC COMMENT Two comment letters were received from Penny Lancaster. In each letter she requested that the definition be as restrictive as possible and proposed language. The City attorney has considered the language proposed,but does not feel that the language is defensible. The letters are attached for your review. D. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA Findings: Pursuant to Title 21 (Environmental Controls) of the Spokane Valley Municipal Code (SVMC), the lead agency has determined that this proposal does not have a probable significant adverse impact on the environment. An Environmental Impact Statement(EIS) is not required under RCW 43.21C.030 (2) (c). The Planning Division issued a Determination of Non-Significance (DNS) on December 24, 2010, for the proposal. This decision was made after review of a completed environmental checklist and other information on file with the lead agency. Conclusion(s): The procedural requirements of the State Environmental Policy Act and Title 21 of the SVMC have been fulfilled by the submittal of the required SEPA Checklist, and the issuance of the City's threshold determination consisting of a Determination of Non-Significance (DNS). No appeals have been received at the time of this report. The appeal period will close January 7, 2011. E. STAFF FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT 1. COMPLIANCE WITH TITLE 17(GENERAL PROVISIONS)OF THE SPOKANE VALLEY MUNICIPAL CODE Findings: Section 17.80.150(F) of the Spokane Valley Municipal Code (SVMC) provides approval criteria that must be considered when the City amends the SVMC. The criteria are listed below followed by staff comments. 1. The proposed text amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Response: The Comprehensive Plan does not provide specific policy direction towards the treatment of adult uses. However, Courts have consistently found that adult entertainment businesses are protected by Staff Report to Planning Commission CTA-09-10 Page 2 of 5 the "freedom of expression" clause of the First Amendment to the United States Constitution. Local jurisdictions cannot ban such businesses, but can use regulations to protect residents from their potential "secondary effects," such as crime and blight, by requiring these businesses to locate away from residentially-zoned areas, schools, churches and parks, as well as regulate how the businesses operate. Reasonable locations for the use must be provided. Indirectly the following policies relate to the regulation of adult uses. LUP-1.1 — Maintain the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. LUP-1.2 — Protect residential areas from impacts of adjacent non-residential uses, and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. NP-2.1 -Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. NP-2.6 - Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods from incompatible land uses and adverse impacts associated with arterials, freeways and rail corridors The amendment is consistent with the intent of the comprehensive plan, and federal and state laws since reasonable alternative locations are provided for the use so long as the proper licensing is obtained. 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment; Staff Response: Experience has shown that adult entertainment facilities are detrimental to the public health, safety and welfare'. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activities. These activities often lead to the development of public nuisances, including moral nuisances. Therefore, viewing adult-oriented movies for a fee should only occur in an adult entertainment facility and be regulated and monitored through the system of licensing and operating regulations contained in Chapter 5.10 of the Spokane Valley Municipal Code. The amendment bears substantial relation to public health, safety, welfare and protection of the environment by recognizing the constitutional rights of individuals to participate in this activity while protecting public health, safety and welfare of the community by limiting where the activity can occur. Conclusion(s): The proposed text amendments to the SVMC are consistent with the approval criteria contained in the SVMC. F. STAFF RECOMMENDATION Staff recommends approval of the amendment to Appendix A definition of"Adult retail use establishment,"as indicated in Exhibit 1,to clarify the permissible uses of an adult retail use establishment. 1 Note: In Renton v. Playtime Theatres, Inc., 475 U.S. 41 (1986), the court noted that: "The First Amendment does not require a city, before enacting such an ordinance, to conduct new studies or produce evidence independent of that already generated by other cities, so long as whatever evidence the city relies upon is reasonably believed to be relevant to the problem that the city addresses." Staff Report to Planning Commission CTA-09-10 Page 3 of 5 FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION January 13, 2010 Background: A. The Uniform Development Code was adopted in September 2007 and became effective on October 28, 2007. B. Chapter 19.30.040 SVMC allows code text amendments to be submitted at any time. C. Following the adoption of the code it became apparent that the definition of adult retail use establishments made it difficult for law enforcement officers to enforce the intent of the code,which was to limit the viewing of adult oriented movies for a fee,to adult entertainment use establishments. D. The Planning Commission held a public hearing on January 13t'', 2011. The Planning Commission recommended approval of the following amendment to the SVMC Appendix A definition of"Adult retail use establishment"as follows: 1. 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 transferring or viewing of adult- oriented merchandise. The retail use establishment may permit patrons to view the adult oriented merchandise for possible purchases or rental but such on on-premise viewing shall not be in exchange for money or any other form of consideration. Findings: Staff has prepared the following findings for the Planning Commission in the event that the Commission recommends approval. 1. The Planning Commission finds the proposed text amendments to be consistent ii'ith the applicable provisions of the City's Comprehensive Plan: COSV Comprehensive Plan LUP-1.1 — Maintain the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. LUP-1.2 — Protect residential areas from impacts of adjacent non-residential uses, and/or higher intensity uses through the development and enforcement of the City's land use regulations and joint planning. NP-2.1 - Maintain and protect the character of existing and future residential neighborhoods through the development and enforcement of the City's land use regulations and joint planning. NP-2.6 - Establish appropriate design guidelines with buffer zones and transition requirements to protect residential neighborhoods from incompatible land uses and adverse impacts associated with arterials, freeways and rail corridors 2. The Planning Commission finds the proposed text amendments benefits public health, safety, welfare, and protection of the environment: Supporting Statements 1. Viewing adult-oriented movies for a fee is a use intended to be allowed within an adult entertainment facility, not an adult retail use establishment. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal Staff Report to Planning Commission CTA-09-10 Page 4 of 5 activities. These activities often lead to the development of public nuisances, including moral nuisances. Therefore viewing adult oriented movies for a fee should occur in an adult entertainment facility where it can be regulated and monitored through the system of licensing and operating regulations contained in Chapter 5.10 of the Spokane Valley Municipal Code. The amendment bears substantial relation to public health, safety, welfare and protection of the environment by recognizing constitutional rights of individuals to participate in this activity while protecting public health, safety and welfare of the community by limiting where the activity can occur. Recommendation: The Spokane Valley Planning Commission adopts the findings in the staff report and recommends approval to City Council for the following code text amendment to the SVMC: 1. 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 transferring or viewing of adult- oriented merchandise. The retail use establishment may permit patrons to view the adult oriented merchandise for possible purchases or rental but such on on-premise viewing shall not be in exchange for money or any other form of consideration. Findings and Conclusions reviewed and approved on this 13th clay of January, 2011 John G. Carroll, Chairman ATTEST Deanna Griffith, Administrative Assistant Staff Report to Planning Commission CTA-09-10 Page 5 of 5 Lori Barlow From: Scott Kuhta Sent: Thursday,'January 13, 2011 1:29 PM To: Cary Driskell; Lori Barlow Cc: Deanna Griffith Subject: FW: Give Adult Entertainment no loophole to impersonate as simple 'retail' business. FYI From: Bruce Wakeman f mailto:wakeman@ spocom.coml Sent: Thursday, January 13, 2011 1:05 PM To: Scott Kuhta Subject: Give Adult Entertainment no loophole to impersonate as simple'retail' business. Spokane Valley Planning Commission and Attorney Carey Driscoll—(left answering machine message 10am on 13 Jan.2011) Please admit this for what is received as public comment regarding Adult Entertainment and Adult Retail business definitions for purpose of municipal code. I received a message from citizen Penny Lancaster that Planning Commission is considering anode revision regarding Adult Entertainment in our municipality. This detail is an important one—like having good quality o-rings so the spaceship Challenger would not explode. People will die the death of their souls if we allow places like Hollywood Erotique Boutique at 9600 E. Sprague a loophole -specifically the words 'or viewing' -to show obscenity on a retail basis. Look at their business license. Does it say it is an Adult Entertainment (viewing) permit? Give Adult Entertainment no loophole to impersonate as simple 'retail' business. As Penny says: Take out the words "or viewing"from the Adult Retail Establishment definition and then aggressively enforce the law against Hollywood Erotique Boutique.This business was allowed to stay in the East Sprague neighborhood with a conditional use permit when the city first incorporated because they claimed to be a Retail-only establishment. Don't reward their defiance of the law by allowing them to continue offering on-site viewing. A business that is about 'on-site'viewing is not about doing a retail business. The FBI could quickly close this place for its crimes—if they could afford the time and resources to gather the detail evidence necessary to do it. And any entity that deals perversion of pornography to the people of our community is going to be a big drain on our own time and resources: to clean up the messes they are making. Porn is a home breaker. Broken homes is a key cause of poverty. If we want taxes paid and prosperity, we have to do what strengthens families in their homes.We- as a city-can't say 'anything goes' expecting to get away with improprieties until we 'get caught' by someone bigger than we are. Techno Entertainment in general is getting to be about isolating people 'out on a limb' in fractals (where they become distressed and will pay for a'fix').And porn especially so. People won't pay to sit down to do homage (anti-worship) a TV, movie screen, game monitor or porn video unless they have been dissuaded from acknowledging the usefulness of basic human interactions—talking with and cooperating mutually with other people. Sex crimes (let's not omit to include batterings, abductions and 'honor' murders), and sexual disease do not result from elsewhere than where sexual perversion is promoted.The onus is not on us to prove that adult sex business is (or is not) responsible for these costs. The burden of proof is on those businesses to show that they are not producers of these results. We are under no 1 obligation to grant business licensee activities that we have been shown we go reason not to trust. Addictions are ruthless. As a city we do not want to be responsible for endorsing what things are known to be harmfully addictive. Our city is now taking about code and core. Our code is our modus operandi. If the code is faulty, our whole vehicle is susceptible to be shut down by it. It is not compromise[concessions that lower our standard], but integrity that gives us an under-girding (infrastructure) of TRUST so essential for community and business. GOD shows us by the prophet Ezekiel that GOD is the true builder and keeper of cities. And GOD blesses the cities that are held together according to HIS perfect heaven-given pattern. Let our national motto'In GOD we Trust' strongly influence the policies and principle on which we base our code. The strength of a community is its honesty in GODliness. Delinquency of adults is even more serious a trouble than delinquency of minors.Adults need to become exemplary and mentors to youth. If they are a bad example (bad apples) they bring rottenness to the whole barrel. Since adult entertainment can not demonstrate that they pay their way—by endowing us in advance for all the gargantuan social costs our city will have to pay on their behalf to allow them to do what can not be healed by the payment of any price—no matter how high—let's be honest with them and say we can not afford the calculable expense to float them. Sincerely, Bruce C.Wakeman 7616 E. Baldwin Ave. Spokane Valley,WA. 99212-2469 509-924-9765 2 January 13, 2011 Spokane Valley City Planning Commissioners Re: defining Retail Use Establishment From: Penny Lancaster, 14816 E Farwell, 99217; plancastercair-pipe.com; 475-9648 The City Attorney is absolutely correct in the "Supporting Statement" of his proposal - and it's worth repeating: "Viewing adult-oriented movies for a fee is a use intended to be allowed within an adult entertainment facility, not an adult retail use establishment. Adult entertainment facilities are historically linked with organized crime, prostitution, narcotics, and other unlawful and criminal activities. These activities often lead to the development of public nuisances, including moral nuisances. Therefore viewing adult oriented movies for a fee should occur in an adult entertainment facility where it can be regulated and monitored through the system of licensing and operating regulations contained in Chapter 5.10 of the Spokane Valley Municipal Code. The amendment bears substantial relation to public health, safety, welfare and protection of the environment by recognizing constitutional rights of individuals to participate in this activity while protecting public health, safety and welfare of the community by limiting where the activity can occur." However, it makes NO SENSE to claim that all these harmful secondary effects of adult entertainment in a commercial establishment, located in a residential zone, will not occur just because men are allowed to view the pornography for free! The city and citizens would be defenseless against the abuses. For the last 6-8 years Hollywood Erotique Boutique at 9611 E Sprague has been operating as an adult entertainment establishment without the regulations. Women already get in free, but men pay a nominal fee of$12 for 6 hours or a little more if you want a private viewing room. Making a profit on their"theatres" is not necessarily the end goal of this business. The city cannot be certain that taking away a financial incentive will discourage business; or won't encourage the same abuses in Adult businesses that are currently following the rules. Either eliminate the words "or viewing" from the current definition or leave the tried and true definition, defended in court, the way it is. Instead, for clarification purposes, add this definition: " 'Viewing of adult-oriented merchandise', as used in the context of an Adult Retail business, is limited to viewing merchandise in the package on the shelves, or incidental viewing of a promotional film clip on display at the clerk's station." This puts "viewing" in line with what other video retail outlets, like Blockbusters, offers their patrons in the way of preview and it clarifies what most people, using common sense, would assume might be available at a retail outlet. I believe the Planning Commission purposes to encourage businesses that provide jobs and a wholesome, safe, and healthy environment for retail growth and prosperity for the families in our community. Adult businesses may be legal, but they are harmful and a disincentive for business growth in their neighborhoods. Please apply every legal tool you have to make sure they play by the rules. Make sure they don't put the community in greater danger by turning a virtual adult entertainment business into an unregulated entertainment business by simply eliminating the fee. December 9, 2010 To: Planning Commission From: Penny Lancaster, 922-4825 Re: defining Adult Retail Use Establishment On December 9, 2010 the Planning Commissioners considered a proposed change in the definition of"Adult Retail Use Establishment" at their Study Session. First, Lori Barlow, an Associate Planner, explained the difference between "Adult Retail" and "Adult Entertainment". Because of the dangers and problems associated with on-site viewing of adult oriented material,Adult Entertainment Establishments are licensed and have specific regulations, as well as zoning restrictions.Adult Retail Establishments are only restricted to certain zones because there is a presumption that no "entertainment" is occurring within the business. The City Attorney, Cary Driscoll, explained that even though the definition of Retail Use would be amended by removing the words "or viewing", it was necessary to add a clarifying sentence ["The retail use establishment may permit patrons to view the adult-oriented merchandise...."] because it would be unconstitutional to limit their right to allow non-commercial viewing of sexually oriented movies. He said that the "message" of a film in an Adult Retail Establishment is no different than Blockbuster showing Pirates of the Caribbean on a screen overhead in their store. This is confusing. On the one hand,Adult Entertainment Establishments are defined as "A commercial premises to which a member of the public is invited or admitted and where adult arcade stations....are used to exhibit...specified sexual activity...".They are regulated and licensed to reduce harmful secondary effects (prostitution,STDs, drug use, obscenity, litter, etc.)that occur precisely because of the pornographic "message". But on the other hand,Adult Retail Establishments will be permitted to admit the public to view the same Adult videos, but they won't be subject to licenses or regulations as long as the movies are free. Does Mr. Driscoll believe that free erotic videos will not create the same harmful secondary effects that require Adult Entertainment Establishment regulations and licensing? It has been clearly established in law that Cities can regulate the time, place, and manner of Adult Businesses. These businesses have no constitutional right to display erotic movies on their commercial premises without regulations.Adult retail businesses are different than Blockbusters—that's why they are only allowed in Community Commercial and Regional Commercial Districts. Commissioner Marcia Sands was correct when she directed Mr. Driscoll to resolve the problem of non-regulation associated with the proposed clarifying sentence in the definition. One solution would be to drop the clarifying statement altogether. Or, perhaps change the wording of the clarifying statement to read: "Viewing of adult-oriented merchandise is limited to viewing merchandise available for purchase on the shelves or incidental viewing of a promotional film clip on display at the clerk's station only."This certainly would put"Adult Retail Establishment" activity more in line with mainstream video retail activity. Any policy that allows patrons to view movies in isolated or private rooms—free or commercially-should be outside the definition of Adult Retail. Allowing an Adult Retail Establishment to act like an Adult Entertainment Establishment will not resolve their threat to the health and safety of the community.The threat will increase and the City's weak response will only embolden their activities. Lori Barlow From: Deanna Griffith on behalf of Planning Commission Sent: Friday, December 10, 2010 10:47 AM To: Lori Barlow; Arne Woodard (arne @webband.com); Art Sharpe; Carl Hinshaw; Craig Eggleston; Joe Mann (jmann @windermere.com); John G. Carroll (john @servicemasterofthevalley.com); Kathy McClung; Marcia_sands @comcast.net; Mary Swank; Mike Basinger; Mike Jackson; rhall @alscarchitects.com; Scott Kuhta Subject: FW: Comments after Planning Commission Study Session Attachments: Comments after Plan Study Session 12-09-10.doc I handed out to you the other letters she had submitted last night for review. Let us know if you have any questions. yea wwa From: Penny Lancaster jmailto:plancaster©aair-pipe.comj Sent: Thursday, December 09, 2010 11:43 PM To: Planning Commission Cc: Cary Driskell Subject: Comments after Planning Commission Study Session Planning Commissioners, Please read my attached comments and suggestions regarding the definition of Adult Retail Establishment. I appreciate the intention of Attorney Driskell to create an enforceable definition against Adult Retail businesses that are acting like Adult Entertainment Establishments. Unfortunately, I will be out of town when you next address this issue on January 13th. I hope that my considerable background in studying the negative impact of Adult businesses on the community and the suggestions in my letter will help to bring a resolution to the issues that were raised at your Study Session this evening®even before January 13th Please keep me informed about your decision. Penny Lancaster 922-4825 P.S. Earlier,you were sent my 11-16-10 letter to the City Council and my 11-29-10 letter to the Planning Commission on this issue. 1 November 29, 2010 To: Planning Commission From:Penny Lancaster Re:Amendment to the Adult Retail Establishment definition for zoning purposes Planning Commissioners, Please review the November 16 letter to the City Council. l outline my reasons for prohibiting an Adult Retail Establishment from allowing unregulated on-site viewing of sexually oriented material,even for the purpose of a free preview.You'll also find evidence for the need to monitor this type of use at Hollywood Erotic Boutique in my letter.Because of the urgency,may!have 5 minutes on your December 9th Agenda? l (i.xt.s r i %°T e [ applaud the City Attorney's effort to clarify the difference between Retail and Entertainment °4U. Establishments for purposes of enforcement. However,there is NO need to add the statement:"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." In 2004 and 2005 World Wide Video,the owner of Hollywood Erotic Boutique at 9611 E Sprague, as well as North Division, lost their lawsuits at the Federal Court and State Court level over the constitutionality of the original definition. Clearly,cities can, and must, regulate this type of business, either through licensing and regulating and/or zoning. Late night traffic, patrons who engage in prostitution and drug use,the spread of disease, pornographic litter, intimation of neighbors, property devaluation,etc. have all been documented and legally apply to any"Adult" business applying for a business permit. I suggest that the City leave the tried and true definition, defended in court,the way it is. Instead,for clarification purposes,add this definition for the term"viewing of adult oriented merchandise": "Viewing of adult-oriented merchandise, as used in the context of an Adult Retail business, is limited to viewing merchandise available on the shelves or incidental viewing of a promotional film clip on display at the clerk's station."This puts "viewing" in line with what other video retail outlets like Blockbusters offers their patrons in the way of preview and it clarifies what most people, using common sense, would assume might be available at a retail outlet. I believe the Planning Commission purposes to encourage businesses that provide jobs and a wholesome,safe, and healthy environment for business growth and prosperity for the families in our community.Adult businesses may be legal, but they are a disincentive for business growth in their neighborhoods. Please apply every legal tool you have to make sure they play by the rules,don't allow them to have it their way just because it's free. Penny Lancaster 14816 E Farwell, Spokane WA 99217 plancaster@ air-pipe.com; 922-4825. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: Liberty Lake Monument Sign GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: We have been asked by Liberty Lake City Engineer Andrew Staples, to consider sharing in the cost to erect a Monument Sign between the two cities. A rough cost estimate is enclosed. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: The Records Management line item in the 2011 budget could be reduced by $30,000 to pay for this capital improvement. The City usually has a grant to assist with funding capital improvements, but grants are not available for this expenditure, thus the City would bear the full cost of this project. STAFF CONTACT: ATTACHMENTS: rliia.Cf or "v,UL'r ,'tux PUBLIC WORKS [_M; . Memorandum Date: July 7,2009 Re: Monument Sign To Mayor Van Orman Prole; Andrew Staples,P.E.7 I City Engineer As you requested,I have compiled a cost estimate for the Monument Signs shown on the attached sheet. The total project cost for each sign would be approximately$22,800.00 without applicable sales tax. Adding 8.7%sales tax would bring the total to$24,783,60 per monument sign, This estimate includes the assumption that we are using solar lighting for the monument and not connecting to the Avista grid. Please find attached a quote for the masonry work,foundation work and the plan sheet provided to the contractors for estimating purposes. This is the same plan used to construct the City entrance signs on Harvard Rd. on the north end of town. Please let me know if you have any questions. Thank you. Cost Breakdown Excavation $4,000.00 Masonry $17,300.00 Lighting $1,500.00 Subtotal $22,800.00 Sales Tax $1,983.60 Grand Total $24,783.60 per Sign 227 t0 E.COUNTRY VISTA DRIVE;LIBERTY LAKE,WA 99019 TELEPHONE(509)755-6700 FAX:(509)755.6713 W W W.LIBERTYLAKEWA,GOV ptipubiic_workslpublic_proleclsklly_enwec_slgeslcarreAmermamo94. Page I of t STRUCTURE PLAN VIEW a If, Ite •1,le 11 7" 1 . •7 ILI •STA1°.'50:70/4. I I 1 1 1 I I 1 I 1 • I I 1 1 1 1 1 1 1"—• --I 11111 fIO111.4 09, I I 1 NV VW, I f I ! 114 O.F.7 .rx C-33ZIL BOAC 0.OYU WALL ITANFRI NOTES: t.nmvoc 0.1C monwe2nr suA 1,1-h.lam 71* COCANY Mr.AT Lammax wood ax mow 1. P.A.1714C PANIAMIT 904 OM THE MAIM OW AP=MAT OM AT LOCATON.07P ON[POW,A GOITRALien WM,LOCAPON OF ALL LIALITALS PRAIA 70 MOIOICA1 MT manor,on ONAAPLATLIP 171MOODNI.APV SWIM TO LOOM LIANA.. OZ OR AO.I.C1r MOO,WALL 19,UNTRFLOSIA.4 FIZAPOOAAUTA •Ir Als7AL,Inox ,ELLTIRICAL4A0 rho.Car..17,,,,MO noltm FiciPsc-Rm •au,{ma., AP, 4*, FRONT ELEVATION ENTRY SIGN MONUMENT NOT TO SCALE r30,1,1-AAT..., PLAN VICW 117=41 GO.Ion IIPIOR mr...117 Tx. (DSECTION A—A NOT TO SCALE ()SECTION 13—B NOT TO SCALE (-3,TYP. WALL REINFORCING (§) INTERSECTION & CORNER Nor TO SCALE 3-31,0 r. .11■17.7,..1.11A.COIVE 1.1111:RTYLA.WAIroln. P 0745.411411 r ypT7 3-1 13 vvvoni,unlostmc.n.oav CITY ENTRANCE SIGN CITY OF LIBERTY LAKE,WA 13[910/1,0 HAO,11 WAAL.% 017..wdip HATCHIOLWL,11 ClArCISFO ADO SHEET NO. 1 '�Sowrc e: USES 5ovrtc +ASA, IGA, USGS + :- S •culr.d, USGS, A£%, Gooey*, Grlmappong,Aerogrkd,IGP DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of February 16, 2011; 8:45 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 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] 1. Draft Amended 1011 TIP (Transportation Improvement Plan)— Steve Worley (15 minutes) 2. Maintenance Shop—Neil Kersten (15 minutes) 3. Shoreline Master Program Update—Lori Barlow (20 minutes) 4. Comp Plan Review Process—Kathy McClung (30 minutes) 5. Animal Control Update—Morgan Koudelka (30 minutes) 6. Advance Agenda (5 minutes) 7. Info Only: Portion of Havana Street Transfer [*estimated meeting: 115 minutes] 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. Admin report: Livestock in mixed use areas—Christina Janssen (15 minutes) 5. Admin Report: Advance Agenda (5 minutes) 6. Info Only: Railroad Quiet Zones (Park Road); Greenacres Park Bid [*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, SPECIAL MEETING: Executive Session 5:00 p.m. [RCW 42.30.110(1)(h)] To review applications for council vacancy March 22,2011,Formal Meeting Format,6:00 p.m. [due date Mon,March 14] 1. PUBLIC HEARING: Draft Amended 2011 Tip— Steve Worley (15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Proposed Ordinance (CTA 01-11)Animal Raising &Keeping—Christina Janssen(15 min) 4. Second Reading Proposed Ordinance Amending Adult Enter.(Retail, CTA 03-10)—Lori Barlow(10 minutes) 5. First Reading Proposed Ordinance dealing with livestock in mixed use—Christina Janssen (15 minutes) 6. Motions for March 29 Interviews of Applicants for Council Position#3 Vacancy—Mayor& Council(20 mins) 7. Admin Report: Greenacres Bid—Mike Stone (10 minutes) 8. Admin Report Comp Plan 2011 Amendments—Mike Basinger (30 minutes) 9. Info Only: Dept Reports [*estimated meeting: 120 minutes] Draft Advance Agenda 2/17/2011 2:28:43 PM Page 1 of 4 March 28, 2011, 9 a.m. —noon;Special Joint Meeting with City of Spokane Meeting to be held at Spokane City Hall Council Chambers,W. 808 Spokane Falls Blvd 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. Greenacres Park Bid Award—Mike Stone (10 minutes) NON-ACTION ITEMS: 1. Council Position#3 Candidate Interviews—Mayor&Council (120 minutes) ['estimated meeting: 130 minutes] April 5,2011, Study Session Format,6:00 p.m. [due date Mon,March 28] ACTION ITEMS: 1. Proposed Resolution Adopting Amended 2011 TIP— Steve Worley (15 minutes) 2. Mayor and Councilmembers: Appt of Candidate to Council Position#3 No public comment) (20 min) a. Nomination and second of candidate: vote. b. City Clerk Administers Oath of Office c. New Councilmember Takes Position at the Dias [*estimated meeting: minutes] Mayor's State of the City Address/Community Forum Monday, April 11, 2011; 7:00 pm to 8:00 pm. Valley Fourth Memorial Church, 2303 S. Bowdish Road April 12,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 4] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Livestock in Mixed Use—Christina Janssen (10 minutes) 3. First Reading Proposed Ordinance for 2011 Comp Plan Amendments—Mike Basinger (20 minutes) [*estimated meeting: minutes] #2 Mayor's State of the City Address/Community Forum Thursday, April 14, 2011; 7:00 pm to 8:00 pm, Greenacres Christian Church, 18010 E. Mission Avenue April 19,2011, Study Session Format,6:00 p.m. [due date Mon,April 11] #3 Mayor's State of the City Address/Community Forum Thursday, April 21, 2011; 7:00 pm to 8:00 pm, Seth Woodard Elementary School, 7401 E. Mission Ave. April 26,2011,Formal Meeting Format,6:00 p.m. [due date Mon,April 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance for 2011 Comp Plan Amendments—Mike Basinger (10 minutes) 3. Info Only: Dept Reports [*estimated meeting: minutes] #4 (and final)Mayor's State of the City Address/Community Forum Thursday, April 28, 2011; 12:30 to 1:30 pm, CenterPlace Regional Event Center 2426 N. Discovery Place Draft Advance Agenda 2/17/2011 2:28:43 PM Page 2 of 4 May 3,2011, Study Session Format,6:00 p.m. [due date Mon,April 25]] 1. Draft 2012-2017 Six Year TIP— Steve Worley (20 minutes) May 10,2011,Formal Meeting Format,6:00 p.m. [due date Mon,May 2]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) May 17,2011, Study Session Format,6:00 p.m. [due date Mon,May 9] 1. Admin Report: Draft 2012-2017 Six Year TIP— Steve Worley (15 minutes) May 24,2011,Formal Meeting Format,6:00 p.m. [due date Mon,May 16] 1. PUBLIC HEARING: Draft 2012-2017 Six Year TIP— Steve Worley (15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Info Only: Dept Reports [*estimated meeting: minutes] May 31, 2011, Study Session Format,6:00 p.m. [due date Mon,May 23] June 7, 2011, Study Session Format,6:00 p.m. [due date Mon,May 30]] June 14,2011,Formal Meeting Format,6:00 p.m. [due date Mon,June 6]]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Proposed Resolution Adopting 2012-2017 Six Year TIP— Steve Worley (15 minutes) June 21, 2011, Possible no Meeting, (AWC Conference, Spokane, Wa.) June 28,2011,Formal Meeting Format,6:00 p.m. [due date Mon,June 20]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Info Only: Dept Reports ['estimated meeting: minutes] Draft Advance Agenda 2/17/2011 2:28:43 PM Page 3 of 4 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 # Flashing Beacons Governance Manual (resolution) Update Joint Meetings: Planning Commission; Board of County Commissioners Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right-of-way Monument(Veterans') Sign Outside Agencies 2012 (August 2011) Parking/Paving Options (for driveways, etc.) PEG Funds: Allocation of P&E Funding Permit Tracking System 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 WIRA,Water Protection Commitment,public Education # =Awaiting action by others * =doesn't include time for public or council comments Draft Advance Agenda 2/17/2011 2:28:43 PM Page 4 of 4 Spokane Community Development Valle Monthly Report y December 2010 PERMIT CENTER Revenue Permits Permit revenue for December was $39,485, for the year it was $1,095,273. Revenue for the year is down approx 18% behind 2009. Permit Revenue $300,000 $250,000 $200,000 $150,000 $100,000 $50,000 1, 1:1111 [1 FI � [II $o • Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec _2010 Revenue 2009 Revenue Land Use Land Use revenue for December is $14,794, for 2010 it is $129,112. 2010 finishes at 23% behind 2009 Land Use Revenue $25,000 $20,000 — $15,000 $10,000 — — I — —� — — — iIj11I1II— 5 000 $0 Jan Feb Mar April May June July Aug Sept Oct Nov Dec 02010 Revenue 1 Page 1 of 9 Spokane Community Development Valle Monthly Report y December 2010 Valuation The valuation' for December was $2,288.189 $35,000,000 Permit Valuation $30,000,000 $25,000,000 • $20,000,000 $15,000,000 $10,000,000 ` mielim--- A # $5,000,000 �♦ M�'!\ii0/ $o Jan Feb Mar Apr May June July Aug Sept —42010 Valuation +2009 Valuation AIMIL Office f 7inanciaiAlanaagement Permit lnf tion (Permitslsscued) December 2010 Dwelling Residential New Separate Demolition Units Structures Dwelling Units Permits Demolished Single Family Residence 3 Duplex Triplex 4-Plex Apartments December 2010 New Tenant Commercial Buildings Improvements Additions 6 1 Per the currently adopted Master Fee Schedule, valuations reported above for commercial and residential construction permits are"assigned based on the value of the construction work as stated by the applicant or the value calculated by the Building Official using the latest valuation data published in the Building Safety Journal by the International Code Council, whichever is greatest." Page 2 of 9 Spokane Community Development Valle Monthly Report y December 2010 Separate Dwelling 2010 Total Residential New Dwelling Demolition Units Structures Units Permits Demolished Single Family Residence 119 12 3 3 Duplex 7 2 0 0 Triplex 0 0 0 0 4-Plex 0 0 0 0 Apartments 16 0 0 0 2010 Total Commercial New Tenant Buildings Improvements Additions 45 114 8 Permit.4ctivity Certificate of Occupancy There were 8 Certificates of Occupancy issued in December, including Action Moving, Spokane Home Buyers and Providence Physician's Services. There were 86 C of O's issued in 2010. Permits Issued Community Development issued a total of 231 permits in December, and 3,340 permits in 2010. This is an increase in permit numbers from 2009 by 10%. 600 =Construction Permits Issued 500 / 400 300 V 200 111111111 100 11111111111 0 Ian Fah Mar Apr May liana lady Aiig Sapt frt Nnv r)ar •2010 Permits 158 200 259 256 241 284 263 328 508 366 246 231 •2009 Permits 159 192 221 250 260 302 305 275 255 331 200 243 Page 3 of 9 pne Community Development ��alle Monthly Report y December 2010 SEPA Two SEPA decision were issued in December, for the Adult Use code amendment and for the street improvements on Indiana. Commercial Pre-application Meetings Three pre-app meetings were conducted in December, for a steel fabrication operator an auto shop and a medical office. Hearing Examiner The Hearing Examiner did not have any land use hearings in December. Business Licenses Staff approved 123 business licenses in December. Home Occupation Permits Staff approved 27 home occupation permits in December. Entertainers Licenses Staff processed 22 adult entertainment licenses for December. Express Permits There were no Express permits processed in December. However staff processed a total of 60 Express Permits in 2010. Customer5erYthe The Permit Center staff assisted 313 customers at the counter and handled 329 customers' inquires by phone in the Permit Center during December. During 2010 Staff assisted 5,381 customers through the door at the Permit Center and handled 4,890 phone calls. The Permit Center staff provided an average target date of 10 working days for Commercial projects, 3 working days for Residential platted and 10 working days for Residential un-platted. This target date represents the time to first comments issued to the applicant. Inspections Right of Way Inspector The Right-of-Way inspector performed 482 inspections in December and 6,708 total inspections in 2010. 1200 • Right-of-Way Inspections 1000 p Q , 800 0 i ^ • 600 400 O • • 200 • • 0 Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec O 2010 221 491 773 852 1007 941 957 704 859 1003 755 482 • 2009 164 265 506 774 1137 1058 1058 641 860 718 555 174 Page 4 of 9 Spokane Community Development Valle Monthly Report y December 2010 Building Inspectors: The City's Building Inspectors performed 379 Residential inspections and 120 commercial inspections in the month of December. In 2010 they performed 5,610 residential inspections and 2,354 commercial inspections. This is more inspections in total than 2009, less commercial but more residential. 700 - Building ❑ ❑ Inspections 600 - ❑ ❑ Performed 500 - 400 - a 300 ■ ■ • •200 • — •� 100 I I 1i 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec Mm2010 Residential 393 387 397 557 498 522 531 403 581 525 437 379 2010 Commercial 229 187 274 180 163 185 201 312 196 170 137 120 2009 Residential 221 237 304 257 302 628 649 582 580 584 459 438 ♦2009 Commercial 220 188 199 181 143 189 222 219 202 322 166 253 Development Engineering Inspector During the month of December there was no Development Engineering Inspections performed, but the DE Inspector performed 248 total inspections during the year. Development Engineering Inspections 40 w11-- 30 J 20 { 11� 0 Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 2010 •2009 Page 5 of 9 >%7Community Development alle Monthly Report y December 2010 UPDATES Planning Planning Commission The Planning Commission met one time in December. During that meeting the Commission conducted a public hearing to consider an emergency Comprehensive Plan amendment to remove the City Center from the Sprague and Appleway Corridors Subarea Plan. The Commission also conducted a study session on a proposed amendment to the zoning code amend the definition of "Adult Retail Establishment". During the year, the Planning Commission held 14 meetings and reviewed several municipal code amendments, the annual Comprehensive Plan amendments and amendments to the Sprague and Appleway Corridors Subarea Plan. 2011 Comprehensive Plan Amendments/Updates Staff continues to work on the 2011 annual Comprehensive Plan update. Amendments are proposed to Chapter 2 - Land Use, Chapter 3 - Transportation, Chapter 4 - Capital Facilities, Chapter 7 - Economic Development and Chapter 8, Natural Environment. The proposed amendments also include two citizen-initiated requests for site-specific map amendments. In addition, staff tentatively scheduled a review session and public hearing to be held in February with the Planning Commission. Growth Management Steering Committee of Elected Officials (SCEO) The Steering Committee met in December to hear about progress on the UGA update process. Shoreline Master Program Staff continued to work on the Shoreline Master Program, meeting with consultants and drafting new timelines for upcoming meetings. The first Shoreline Advisory Group meeting is scheduled for January. D partment-Vie Energy Grant A status report, including a request to reallocate funds between approved projects, was before the City Council on December 28th. With the Council's concurrence, the modification requests were filed with the Department of Energy. Public Works continues transportation projects that will result in energy conservation and carbon footprint reduction. See the paragraph below for updates on the Bike and Pedestrian Master Plan. Washington State Energy Strategy Update Process The Washington State Energy Strategy update process continued this month with weekly webinars. The Building Official continues to participate in the conservation sector process and has been working with Commerce staff to improve access to the work group meetings. Participation in this process will be on-going through December 2010. ADA Study Staff is analyzing data entered from the department surveys and is researching report formats. The City attorney's office has reviewed legal requirements associated with the self evaluation and transition plan. Bike/Pedestrian Plan (BPMP) DKS was selected for consultant services to assist with technical review and recommendations of potential bike facilities. A contract and scope of services have been drafted. Staff met with the representatives from Washington State University and other local jurisdictions regarding joint efforts Page 6 of 9 Spokane Community Development ��alle Monthly Report y December 2010 to update and maintain a pedestrian network model. Staff continues drafting preliminary text for the BPMP. Wellhead Protection The next scheduled wellhead protection meeting is in January. Regional Partnering The Regional Partnering Group met with respective staff to review the master application. Staff identified some procedural barriers that may not be resolvable. Building Officials will seek direction from Directors and Commissioners to determine what priority this project has. In the meantime, the Building official group is working on identifying and prioritizing new partnering opportunities. Cote Compliance Citizen Action Requests Code Compliance officers received 23 Citizen Action Requests in December. Staff responded to total of 617 complaints received in 2010. All complaints received must be investigated, if even to determine that no violation exists. There is one pending citation appeal for Farm Fresh Fruit Code Violation Totals 120 100 80 60 20 0 ,-- . •111111111 Jan Feb Mar Apr May Jun Jul Aug_ Sep Oct Nov Dec 2010 62 97 76 51 70 43 44 64 42 18 27 23 2009 33 36 97 94 111 50 89 98 51 61 22 98 Page 7 of 9 ""` Community Development 1]Ul�aZle Valle Monthly Report y December 2010 100% .$00,0 or iuiihiii1i.i 4000 riiuIuiuiuIuIui. 1 ■Fri 200,0 f .iI pi ■ vu 0% - Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec "Clear View Triangle 2 0 7 5 1 5 2 11 0 1 3 0 •Complaint- No Violation 3 2 3 9 2 6 5 7 2 2 1 2 ■Environmental 0 0 1 0 0 0 0 0 0 0 0 1 "Junk Auto 10 19 14 7 9 9 10 6 11 3 3 4 •Property 16 19 20 13 15 12 15 27 14 7 11 6 "Signs 15 31 5 5 31 0 0 0 0 0 0 2 •Solid Waste 16 26 26 12 12 11 12 13 15 5 9 8 2010 Code Total Violations Reported - by Category Other Mike Basinger was recognized by the Health Department for his efforts in forming partnerships for the Bike and Pedestrian Plan Mike Turbak was awarded Employee of the Year Mike Basinger is working with a student intern from Eastern Washington University Christina Janssen received a letter of thanks for her assistance from Tom Haney of Chase Bank Kathy McClung received a recognition plaque from the Washington State Planning Directors for having over 30 years of service in Planning. UPCOMING DATES OF INTEREST MTE INTEREST 1-4-11 City Council Meeting - Emergency Comprehensive Plan amendment—Admin R 1-11-11 City Council meeting - 1st reading, Emergency Comprehensive Plan amendment 1-13-11 Planning Commission regular meeting —Adult Use amendment public hearing 1-17-11 Martin Luther King Day—City Hall closed 1-20-11 Shoreline Citizen Advisory Group(SAG) meeting—CenterPlace Page 8 of 9 Spokane Community Development 1000Valle y Monthly Report December 2010 INTEREST 1-25-11 City Council Meeting —2na reading Emergency Comprehensive Plan amendment 1-27-11 Planning Commission regular meeting —Study session on animal keeping regulations as they relate to chickens 2-3-11 SAG meeting —CenterPlace 2-8-11 Council Retreat 2-10-11 Planning Commission regular meeting — Public Hearing, animal keeping regulations as they apply to chickens, public hearing, adult use definition, study session, Comprehensive Plan amendments. 2-17-11 President's Day, City Hall Closed 2-21-11 No City Council meeting 2-*24-11 Planning Commission regular meeting — Public Hearing, Comprehensive Plan amendments Page 9 of 9 Siokane Valley 11707 E Sprague Ave Suite 106 4 Spokane Valley WA 99206 509.921.1000 ® Fax: 509.921.1008 ® cityhall®spokanevalley.org Memorandum To: Mike Jackson, City Manager From: Ken Thompson, Finance Director Date: February 16, 2011 Re Update of December Finance Activity Report The City's fiscal year ends on December 31. Most of our revenues and expenditures in January of each year are accrued into the prior year, based on accounting standards where "fiscal year revenue should be matched against fiscal year expenditures." Thus, the attached report is an update on year-end revenue and expenditures at December 31, 2010. The report prepared in March, for transactions through February 28, 2011, will put us back on schedule where we report monthly transactions. December activities in Finance included: Financial reports Reports showing a comparison of actual revenues and expenditures at December 31, 2010, to the 2010 Budget, are attached. Gambling tax receipts are expected to have a large uncollectible portion, as casinos struggle to make ends meet. Two of our three casinos have closed, with one reopening weeks later. Investment earnings are likely to be less than projected in our 2010 budget as interest rates are down dramatically from prior years. Sales tax receipts are down 2% from 2009 collections. Since we estimate our revenues conservatively (we usually exceed our revenue estimates) and our expenditures are usually less than our estimates, moderate changes in revenues and expenditures have very little affect on our operations. This approach provides a smooth, "steady as you go" financial foundation for our operations. Fine and forfeiture revenues are expected to exceed our budget by $250,000. State shared revenue (mostly liquor tax) is projected to be $450,000 more than budget. Transfer revenue in the General Fund has increased substantially because we recorded Civic Facilities dollars flowing into the General Fund to pay for full-width paveback. The investment report is also attached for your review. Audit of 2009 financial records The State Auditor's Office completed their review of our 2009 financial records. The auditor's office offered suggestions for improving our processes and providing additional checks and balances over City assets. These suggestions are usually routine and will be carefully considered. We try to avoid audit "findings" which tend to be more serious issues and take considerable time and effort to correct. There were no "findings" for our year ended 12-31-09. 2011 Budget This process is complete. We are reviewing a few amendments that will be needed in the 2011 budget as the final version omitted a portion of the Storm Water Fund. Outside agency funding Nineteen agencies requested funding from the city for programs in 2011. The City Council allocated $159,000 at the September 28, Council meeting, We have notified those who did not receive funding. Mini-contracts are being prepared for those that received an allocation for 2011. Lodging tax grants Applications (5) for tourism promotion grants have been received. The lodging tax advisory committee received the applications in early October and made a recommendation to the City Council in December. Council approved the recommendation. Agreements are being prepared for the five agencies. Use of Public, Educational and Governmental fees collected with cable franchise fees These dollars are available for capital costs of providing local programming. Staff is reviewing the requirements of the Franchise Agreement and searching for a fair way to allocate public and educational dollars, The Governmental portion will be used to acquire hardware to broadcast council meetings. City of Spokane Valley General Fund Budget Variance Report For the Period Ended December 31,2010,at February 9,2011 Amended Budget December YTD Unrealized Percent 2010 Revenues Revenues Revenue Realized General Fund Revenues: Begining Fund Balance $ 19,375,000 24,626,549 $ (5,251,549) 127.10% 2 Property Tax 10,969,500 847,785 10,692,669 276,831 97.48% Sales Tax 16,600,000 1,301,846 14,756,722 1,843,278 88.90% Gambling Tax 425,000 88,369 588,739 (163,739) 138.53% 15 Franchise Fees/Business Licenses 1,100,000 11,423 1,008,238 91,762 91.66% 8 State Shared Revenues 1,450,000 329,947 1,917,799 (467,799) 132.26% Planning&Building Fees 1,649,786 56,302 1,310,809 338,977 79.45% Fines and Forfeitures 1,594,700 170,300 1,864,296 (269,596) 116.91% Recreation&Cenlerplace Fees 740,000 69,246 657,367 82,633 88.83% 7 Investment Interest 416,864 19,160 157,553 259,311 37.79% 13 Operating Transfers 220,000 982,109 1,016,409 (796,409) 462.00% Total General Fund Revenues: $ 54,540,850 3,876,488 58,597,150 $ (4,056,300) 107.44% Amended Budget December YTD Unrealized Percent 2010 Expenditures Expenditures Expenditures Realized General Fund Expenditures: Council 322,120 35,809 316,543 5,577 98.27% City Manager 1,063,842 93,830 1,267,916 (204,074) 119,18% 14 Public Safety 22,062,268 2,711,118 20,947,036 1,115,232 94.95% Operations&Administrative Svcs 1,892,382 132,004 1,505,247 387,135 79.54% Public Works 893,793 90,456 703,956 189,837 78.76% Planning&Community Dev, 3,552,450 303,406 2,943,961 608,489 82.87% Library Services - - 1,012 (1,012) Parks&Recreation 2,926,033 593,237 2,679,860 246,173 91.59% General Government 21,827,963 1,156,235 2,488,243 19,339,720 11.40% 12 Total General Fund Expenditures: $ 54,540,851 $ 5,116,095 $ 32,853,774 $ 21,687,077 60.24% 1 1 1 02/1612011 3:13 PM City of Spokane Valley Other Funds Budget Variance Report For the Period Ended December 31, 2010, at February 9, 2011 Amended Budget December YTD Unrealized Percent 2010 Revenues Revenues Revenue Realized Other Funds Revenues: Street Fund $ 7,399,050 $ 509,951 $ 4,691,827 2,707,223 63.41% 4 Trails and Paths 8,000 8,139 8,194 (194) 102.42% 1 Hotel/Motel Fund 400,000 34,397 422,644 (22,644) 105.66% Civic Facilities Replacement 1,240,000 397,240 399,708 840,292 32.23% 11 Debt Service-LTGO 03 675,000 141,751 605,023 69,978 89.63% Capital Projects Fund 1,948,000 36,237 472,477 1,475,523 24.25% 1 Special Capital Projects Fund 612,000 36,249 458,374 153,626 74.90% 1 Street Capital Projects 10,572,000 2,144,472 3,512,070 7,059,930 33.22% 1 Mirabeau Point Project - 9 (106) 106 Community Developmt Block Grnts 300,000 - - 300,000 0.00% 10 Capital Grants Fund 2,465,000 791,976 1,989,849 475,151 80.72% 1 Barker Bridge Reconstruction 1,767,000 669,779 1,248,352 518,648 70,65% Stormwater Mgmt Fund 4,398,015 190,595 1,775,844 2,622,171 40,38% 4 Equip.Rental&Replacement 919,000 180 2,326 916,674 0.25% 4 Risk Management 318,000 60,003 318,043 (43) 100,01% Reserves: Centerpiece Operating 350,000 69 902 349,098 0,26% 3 Service Level Stabilization 5,400,000 1,076 14,541 5,385,459 0.27% 3 Winter Weather 505,000 99 923 504,077 0.18% 9 Parks Capital 820,000 209,235 211,216 608,784 25.76% 1 Civic Buildings 5,827,000 1,156 15,638 5,811,362 0.27% 3 Total Other Funds Revenues: $ 45,923,065 $ 5,232,613 $ 16,147,844 $ 29,775,221 35.16% Amended Budget December YTD Unrealized Percent 2010 Expenditures Expenditures Expenditures Realized Other Funds Expenditures: Street Fund $ 7,399,050 763,823 3,901,145 $ 3,497,905 52.72% 12 Arterial Street Fund - (7,917) (7,917) $ 7,917 10 Trails and Paths 8,000 - - 8,000 0.00% 1 Hotel/Motel Fund 400,000 109,590 399,530 470 99.88% Civic Facilities Replacement 1,240,000 - - 1,240,000 0.00% 11 Debt Service LTGO 03 675,000 - 554,604 120,396 82.16% Capital Projects Fund 1,948,000 835,440 856,316 1,091,684 43,96% 1 Special Capital Projects Fund 612,000 565,592 586,468 25,532 95.83% 1 Street Capital Projects 10,572,000 1,236,414 3,512,070 7,059,930 33.22% 1 Community Developmt Block Grnts 300,000 - - 300,000 0.00% 10 Capital Grants Fund 2,465,000 287,479 1,989,849 475,151 80.72% 1 Barker Bridge Reconstruction 1,767,000 42,017 1,248,352 518,648 70,65% Stormwater Mgmt Fund 4,398,015 258,084 1,748,012 2,650,003 39.75% 12 Equip.Rental&Replacemnt 919,000 - - 919,000 0.00% 5 Risk Management 318,000 3,890 309,724 8,276 97.40% Reserves: Centerpiece Operating 350,000 - - 350,000 0.00% 6 Service Level Stabilization 5,400,000 - - 5,400,000 0.00% 9 Winter Weather 505,000 - - 505,000 0.00% 9 Parks Capital 820,000 35,454 309,031 510,969 37.69% 1 Civic Facilities Capital 5,827,000 929,048 946,914 4,880,086 16.25% 1 Total Other Funds Expenditures: $ 45,923,065 $ 5 058,915 , 16,354.098 $ 29,568,967 35.61% 02116/2011 3:13 PM City of Spokane Valley Investment Report For the Month of December 2010 Total LGIP* BB CD 1 BB CD 2 Investments Beginning $ 43,589,071.55 $ 2,035,657.54 $ 3,007,561.64 $ 48,632,290.73 Deposits 2,337,076.05 - - $ 2,337,076.05 Withdrawls (1,500,000.00) - - $ (1,500,000.00) Interest 9,817.10 - 7,498.31 $ 17,315.41 Ending $ 44,435,964.70 $ 2,035,657.54 $ 3,015,059.95 $ 49,486,682.19 Investment Interest Balances by Fund 001 General Fund $ 26,382,609.72 101 Street Fund 2,669,730.49 103 Trails & Paths 37,855.52 105 Hotel/Motel 338,879.85 120 CenterPlace Operating Reserve 348,950.24 121 Service Level Stabilization Reserve 5,421,235.87 122 Winter Weather Reserve 500,923.12 123 Civic Facilities Replacement 1,210,481.09 301 Capital Projects 1,1 40,732.98 302 Special Capital Projects 1,201,135.76 304 Mirabeau Point Project 44,183.81 309 Parks Capital Project 1,027,341.56 310 Civic Buildings Capital Projects 5,825,860.17 402 Stormwater Management 2,415,875.25 501 Equipment Rental & Replacement 905,115.00 502 Risk Management 15,771.76 $ 49,486,682.19 *Local Government Investment Pool City of Spokane Valley Sales Tax Receipts Month by Month Comparison Year to date Month Percentage Received 2009 2010 Change February $ 1,690,170.61 $ 1,693,974.29 0.23% March 1,245,885.86 1,097,126.08 -4.94% April 1,210,210.64 1,160,934.77 -4.68% May 1,297,589.85 1,349,758.63 -2.61% June 1,254,330.03 1,252,377.28 -2.15% July 1,312,964.99 1,271,607.01 -2.31% August 1,494,486.56 1,442,679.59 -2.50% September 1,381,203.54 1,380,147.05 -2.19% October 1,393,353.36 1,354,001.39 -2.26% November 1,417,465.22 1,452,269.26 -1.77% December 1,314,434.56 1,301,846.34 -1.70% January 2010 1,221,873.05 2011 $ 16,233,968.27 $ 14,756,721.69 FOOTNOTES 1 Capital projects often take a number of years to plan, engineer, acquire right of way and construct. 2 Based on audited 2009 annual report. 3 Interest earnings. 4 Beg. Bal. included in budget which understates percent realized for current year 5 For replacement of vehicles &computers. 6 Required operating reserve, no expenditures planned for 2010. 7 Revenue for 2011 events will be moved to 2011. 8 Quarterly Payment to City. 9 Emergency use only. 10 Fund being phased out. 11 In reserve for replacement of buildings. 12 Budget includes projected fund balances at 12-31-10, which understates percent realized. 13 Interest rates are down significantly. 14 Severance pay. 15 Shows revenue earned, some will not be collected. 02116/2011 3:13 PM MEMO TO: Mike Jackson, City Manager FROM: Rick VanLeuven, Chief of Police DATE: February 14, 2011 RE: Monthly Report January 2011 January 2011: January 2010: CAD incidents: 4,255 CAD incidents: 4,835 Reports taken: 1,427 Reports taken: 1,600 Traffic stops: 1,171 Traffic stops: 1,711 Traffic reports: 251 Traffic reports: 296 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing January residential burglaries, commercial burglaries, traffic collision hot spots and vehicle prowling hot spots, along with December 2010 and January 2011 stolen vehicle hot spots. Also attached are nine bar graphs for 2007, 2008, 2009, 2010 and 2011: commercial burglary, garage burglary, residential burglary, forgery, malicious mischief, stolen vehicles, theft, vehicle prowling, and property crimes comparisons for 2007 through 2010. ADMINISTRATIVE: Chief VanLeuven attended the Homeland Security Grant Committee meeting in mid-January. Discussion was held on various projects that are in progress, as well as additional funds that are needed for a variety of equipment for Spokane Fire, Cheney Police, and the Sheriff's Office. Chief VanLeuven participated in a meeting involving the Grants-Jurisdictional Communication Process. Individuals from the City of Spokane, Spokane County, Sheriff's Office, City of Spokane Valley, and Spokane Valley Police attended the meeting and discussed a general communication process for handling of grant funds that have been awarded to individual agencies, as well as funds awarded to the collective group. Chief VanLeuven attended a Recognition Ceremony for Spokane County in the Board of County Commissioner's Hearing Room, where Cpl. Mark Nygren from Spokane Valley Police was nominated for Employee of the Quarter. Chief VanLeuven accompanied City Manager Mike Jackson to the Spokane County Forensics Unit where Forensic Supervisor Carrie Johnson conducted a tour of their facility, giving a first-hand look at the services provided by this unit, including the latest technology being used. Page 1 COMMUNITY ORIENTED POLICING: S.C.O.P.E. participated in the following events during the month of January: ➢ Basic and COP training ➢ Greater Spokane Substance Abuse Council Coalition meeting ➢ Latent Print training for volunteers ➢ Sexual Predator Awareness Seminar at Valley Fourth Memorial ➢ Community Emergency Response Team (CERT) meeting ➢ Child Sexual Predator Task Force meeting January 2011 Volunteers Hours per station: With the start of the new year, S.C.O.P.E. is now tracking their hours with a distinction being made between administrative hours and law enforcement hours. Location #Volunteers Admin Hours L.E. Hours Total Hours Central Valley 19 910.0 100.5 1010.5 Edgecliff 26 596.0 17.0 613.0 Trentwood 6 212.5 94.0 306.5 University 16 442.5 92.5 535.0 TOTALS 67 2161.0 304.0 2465.0 S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 87 on-scene hours (including travel time) in January, responding to crime scenes, structure fires, motor vehicle accidents and providing traffic control. Of those hours, 11 hours were for incidents in the City of Spokane Valley. Total January volunteer hours contributed by SIRT, including training, stand-by, response and special events is 481; year-to-date total is 481 hours. There were four(4)juvenile runaways reported in the Spokane Valley for the month of January 2011. Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in the Spokane Valley in December totaled 27 and in January 15, with 5 and 7 respectively, vehicles eventually cited and towed. Five were processed in December and 13 hulks processed in January. During the month of January, a total of 46 vehicles were processed. Page 2 S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT JANUARY-DECEMBER 2011 City of Spokane Valley # of # of # of Disabled # of # of Non - Vol. Hrs Infractions Warnings Disabled Issued Issued Infractions Issued January 7 51 5 1 5 Total 7 51 5 1 5 S C.O.P.E. DISABLED PARKING ACTIVITY REPORT (cont.) Spokane County # of # of # of Disabled # of # of Non - Vol. Hrs Infractions Warnings Disabled Issued Issued Infractions Issued January 8 42 1 0 0 Total 8 42 1 0 0 OPERATIONS: Armed Man Robs Adult Shop - A man armed with a baseball bat and brass knuckles robbed the Hollywood Erotic Boutique at 9611 E. Sprague in early January and escaped with a small amount of cash. An employee told Officer Dave Lawhorn that the suspect entered about 4 a.m. and demanded all the cell phones. When she asked if he was joking, the suspect demanded money from the cash box. The employee handed over the box; however, a male customer had heard the suspect's demands and was waiting for him outside the door to the business. When the robber walked out, the customer grabbed the box, spilling about half the cash onto the ground. The suspect hit the customer in the face, possibly with a metal flashlight, and then took flight. The customer received a cut on his lip, but did not require medical attention. The suspect was described as white and about 5'08". He wore blue jeans, a black hooded sweatshirt and a black bandana over his face when he entered the store. Filched Fan Fuels Felonious Folly - A 47-year-old Spokane Valley man was in jail, possibly wondering if giving his driver's license number to an employee just prior to committing a robbery was such a good idea. The suspect faces a First-Degree Robbery charge after punching a Home Depot employee in the face during the theft of an electric fan and carpet shampoo. The suspect aroused the suspicion of a security employee when he entered the store at Sprague and Fancher carrying a Home Depot merchandise bag and wearing a large black backpack. The security man watched as the suspect pushed his cart to the front of the store but stopped short of the checkout stations. He then started walking out of the business carrying the electric fan, but turned around and headed back inside when he noticed an employee watching. The suspect pickup up a bottle of carpet shampoo and then walked to the return counter. He exchanged items in the Home Depot bag for a gift card, and allowed the employee there to copy his driver's license number as part of the Page 3 transaction. Afterward, he walked out of the store without paying for the fan or shampoo. When confronted from behind by the security employee, the suspect turned and immediately punched the employee in the face. He ran off to the east, still carrying the stolen items. Officer Mike McNees went to the store to investigate the robbery and learned that the driver's license number was available. It identified the suspect and McNees recalled a domestic violence incident that was investigated at the suspect's apartment the previous day. The officer alerted oncoming graveyard officers to his probable cause for arrest, and they located the suspect at the apartment about 9 p.m., where he was arrested without incident. Business Burglars Busted - Spokane Valley police arrested a pair of burglars after they were tracked from the scene of the crime, first by the business owner and afterward by a Spokane Police K-9. The owner of RV's Northwest was at home about 3 a.m. when he received a call from his alarm company stating someone had tripped an alarm at the business located at 18919 E. Broadway. The owner drove to the company and saw two men climb the security fence and run away. He called 9-1-1 and then followed until he lost sight of them in the dark. Officer Todd Miller met the owner at the business and noted two sets of clearly defined shoe prints in new-fallen snow. While other officers set up containment, SPD Officer Paul Gorman and his canine partner"Maximus" arrived and began a track, where one suspect was located. Officer Miller drove there and he identified the suspect's shoe as one of the prints found inside the business. Not long afterward, the K-9 team located another suspect. Miller identified the second suspect's shoeprint as the other one seen inside the yard, and the business owner identified both suspects as the men he had seen climb the fence during their escape. Both suspects were booked into the Spokane County Jail on Second-Degree Burglary charges. Teen Arrested for Sacking Neighbor's Home - Spokane Valley Police arrested a 17-year-old burglar after following his tracks from his neighbor's home to his own residence. Officer Griffin Criswell was called to the neighbor's home after she and her two children returned home about 3:45 p.m. and found the house ransacked. She said the thief had stolen two laptop computers, two Airsoft pistols and a PlayStation game system. Criswell checked the back of the residence and saw footprints and drag marks leading away from the home. He followed them to the back door of the neighbor's house. He and Officer Walt Loucks contacted the resident there and she allowed them into the home. The two found the 17-year-old pretending to be asleep in a bedroom. The officers found a pair of shoes with tread matching the burglar's nearby, and discovered a backpack on the suspect's bed that contained the stolen laptops and computer game. The stolen pistols were discovered in another room. Criswell arrested the teen and booked him into Spokane County Juvenile Detention for Residential Burglary Officers in Right Place at Right Time - A roadside chat between a pair of Spokane Valley Police officers turned into a felony headache for a burglar as the two watched through binoculars as he pilfered a Triple R Auction storage building. Officers Justin Elliott and Ryan Walter were parked on Spear Road east of Park Road about 1 a.m. when they saw a vehicle pull into the Triple R parking lot. The driver pulled into a secluded part of the closed business and turned his headlights off. The officers watched as a person walked out of sight and then returned to the car five or six minutes later carrying items. The person was looking around as if to make sure he wasn't seen. The subject made a second trip out of sight and then returned carrying other items. He pulled out of the parking lot onto North Park Road before turning on his headlights again. Believing they had witnesses a burglary, the officers stopped the 1984 Datsun driven by a 44-year-old suspect. Inside the Datsun, Page 4 the officer saw a chainsaw, a dome tent, a pair of fluorescent light fixtures and a green bag containing racquetball equipment, a Sony VCR, air hose and a small shop light, all items identified as Triple R property by an employee the officers called to the scene. At the business, Elliott saw where the metal door brackets to the storage building had been disassembled to allow entry. The suspect's footprints were the only tracks in the previously-undisturbed six inches of snow. The officers released the stolen property back to the employee and Walter booked the suspect into the Spokane County Jail on a Second-Degree Burglary charge. Valley Felon Nabbed With Firearm - A 29-year-old Spokane Valley man was arrested on a felony firearms charge after he was found in possession of a gun during a domestic violence investigation. The suspect's girlfriend called 9-1-1 about 4:40 p.m. and reported that she had been in an argument with him and he had punched and damaged the windshield on her car. The woman gave a description of the suspect and reported that he had access to a gun. As Officers Hal Whapeles and Scott Bonney arrived at the business, they spotted the suspect at the payphone outside. He began walking away from the patrol cars and did not respond to their commands to stop. Bonney used his air horn and the suspect stopped walking and turned to face the two. He kept placing his hands inside his jacket pockets and refusing to place his hands on the hood of the patrol car. Fearing he was about to run, the two officers moved in and controlled the suspect's arms, placing him into handcuffs. As they searched his clothing, they found two loaded 10-round pistol magazines in the inside breast pocket of his jacket, and a Tech 9 semi-automatic pistol inside his jacket sleeve. The suspect also had a loaded 30-round ammunition magazine in his front pants pocket. The male suspect has previous felony convictions that make his possession of a firearm a crime. Officer Whapeles drove the suspect to the Spokane County Jail and booked him on a DOC warrant and a felony count of First-Degree Unlawful Possession of a Firearm. Curious Driving Leads to Drug Arrest - A 39-year-old Otis Orchards man was arrested after his driving raised the suspicions of Spokane Valley Police officers. Officers Ryan Walter and Jason Karnitz were in the area of Park and Broadway about 9 p.m. when they spotted a 1992 Eagle Talon pull out of a convenience store parking lot. With the patrol car now behind him, the driver quickly made a left turn onto Broadway and then a second quick right turn onto Girard. The driver then made a second right turn, pulled behind a closed business and turned off his headlights. Their curiosity piqued, the two officers pulled in behind the Talon as the driver was exiting the car. The male suspect did not follow their commands and instead began reaching into the interior of the parked car. Concerned that he might be reaching for a weapon, the officers ordered him away from the vehicle. Officer Walter moved up to clear the car of other potential passengers and saw a small baggie of methamphetamine next to the center console where the suspect had been reaching. Beside it was cold chocolate milk that the suspect had just purchased at the store. A department of licensing checked showed the suspect's license was suspended. Ownership of the Talon could not be established and the officers had it impounded. They drove the suspect to the Spokane County Jail and booked him on charges of Possession of Methamphetamine, a felony, and Third-Degree Driving while License Suspended. City Robbery Ends with Valley Arrest- A 33-year-old Spokane man was arrested after he robbed a Spokane gas station and then led Spokane and Spokane Valley Police on a miles-long pursuit on slushy and slippery roads. The suspect was booked into the Spokane County Jail on felony counts of First-Degree Robbery, Attempting to Elude a Police Vehicle, and Second-Degree Assault after he rammed his 1988 Mercury Cougar into a 2008 Crown Victoria driven by Spokane Valley Police Page 5 Officer Hal Whapeles. The incident began inside the City of Spokane when the suspect reportedly stole $54 in fuel from a station at 3030 E. Euclid about 3:40 p.m. Witnesses reported that the suspect aimed his car at a customer who attempted to stop him from fleeing and caused a gash to the hand of the customer. That act turned a misdemeanor theft into a felony robbery. The suspect was last seen driving south on Market Street, but he was spotted by Spokane Police K-9 Officer Danny Lesser as he was eastbound on Trent. Both Lesser and Spokane Valley police pursued the suspect for several minutes, and it was at Havana south of Sprague where the suspect rammed Officer Whapeles. The collision caused only minor damage to the patrol car and the pursuit was terminated shortly afterward because of heavy traffic and dangerous road conditions. However, not long afterward, a citizen reported being struck by the Cougar and several other 9-1-1 calls were received regarding the suspect's dangerous driving. Officers again began searching for the suspect and found the Cougar abandoned at Appleway Chevrolet near Sprague and Dishman Road. A witness reported that the driver had run westbound through Gus Johnson Ford and had tossed his keys beneath a pickup there. Officers found the suspect in a vacant lot in the area of Sprague and Vista and took him into custody. Officers were still contacting victims and witnesses at 6 p.m., but believed that no one had been injured during the incident with the exception of the customer at the gas station where it started. A Spokane County Jail officer said the suspect is currently on active probation, but could not say for what conviction. He also had a non-extraditable burglary warrant out of California. Thief Steals Copper, Tools - Someone broke into an Avista Utilities storage site at 2400 N. Dollar Road one early morning and stole thousands of dollars worth of tools and copper wire, employees told Officer H.J. Whapeles. Employees said the suspect cut a padlock from a gate and backed a vehicle into the lot. The thief or thieves then removed tools and copper wire from five different Avista work trucks stored overnight at the site. The copper wire is clad in a yellow "Avista"jacket, and the total loss to the utility company was set at $3,000 minimum. A construction company at the location also lost tools during the burglary. An employee for Bouten Construction said that a work storage box had been broken into and several power tools had been taken. Value of Bouten's loss was placed at roughly $2,000. The break-in likely occurred sometime between 4 and 5 a.m., based on the amount of snow left in suspect footprints. Anyone with information is encouraged to call Crime Check at 456-2233. Pizzeria Burgled, Dough Stolen - A burglar broke into Buck's Pizza at 13221 E. Thirty-Second overnight and made off with the credit card reader and a small amount of cash. The owner told Officer Rob King that the suspect had pried open an exterior door at the back of the business, then pried an interior door to the office. An audible alarm inside the business likely scared off the suspect before he could gather additional valuables. Tracks in the snow and pry marks on a door indicated the suspect had tried unsuccessfully to break into an adjacent business, R. Salon. While processing a stolen truck later in the day, officers found the stolen credit card reader and a pry bar inside the vehicle. Investigation into both matters is ongoing. Drug-Dealing Teen Arrested - An 18-year-old Spokane Valley man was arrested after an officer found marijuana and related sales paraphernalia inside his Ford Crown Victoria during a traffic investigation. Officer Nathan Bohanek noticed the Ford parked at some apartments at about 8 p.m. and ran a registration check on it at the time. He learned the license had expired in December 2010 and that it had been reported as "sold" in October. The new owner had not transferred title within the requisite 45 days. Bohanek identified the purchaser through Dept. of Licensing records and learned that his Washington driver's license is suspended. A short time afterward, the officer saw the Crown Page 6 Victoria being driven and stopped it at Third and Pines Road. The driver was the suspended owner, and Bohanek arrested him for the misdemeanor license violation. During inventory of the car prior to impound, the officer found several small amounts of marijuana in plain view, as well as a set of drug scales visible in the door pocket. The suspect's cell phone was ringing constantly and he was carrying more than $200 in cash — mostly twenty, ten and five-dollar bills. Bohanek's continuing investigation revealed that the suspect had been selling "associates" small amounts of marijuana for several weeks. The officer drove the suspect to the Spokane County Jail and booked him on a felony count of Possession of Marijuana with Intent to Deliver and misdemeanor counts of Third-Degree Driving while License Suspended and Failure to Transfer Title. Burglars Plunder Church - A thief or thieves stole thousands of dollars worth of electronic equipment from Redeemer Lutheran Church overnight, possibly after hiding inside the building at closing. An employee called Officer Tom Walker to the church about the following morning and took him on a walking tour of the facility to show where televisions, stereo equipment, headsets, microphones, laminating machines, DVD players, power point projectors and other items had been stolen. The suspect apparently dumped garbage from two large cans onto the floor and then used the cans to haul away some of the stolen property. A vehicle would have been necessary based on the large amount of property taken. The church had a function the previous evening and the lack of forced entry evidence suggests someone may have hidden inside the building and then opened the door for a confederate. Woman Shot during Robbery -A 50-year-old Spokane Valley woman suffered minor injuries when she was attacked by armed men in the kitchen of her home. A neighbor called 9-1-1 shortly after midnight and reported that the woman in the adjacent duplex was screaming for help. The neighbors also reported seeing two men leaving the area, both wearing ski masks and one carrying a pistol. The victim told officers she was in the kitchen when she was suddenly attacked from behind by a man wearing thick gloves and a ski mask. She began fighting with him and a second man entered the kitchen and said he would shoot her again if she did not stop fighting. The woman had not realized she had been shot at all until he made the statement. He fired a pistol and she was struck in the thigh. The two suspects fled, reportedly empty-handed. One of them was later found and arrested. He was carrying a high-powered bb or air soft pistol at the time and was booked into the Spokane County Jail on a First-Degree Burglary charge. Officers identified the second man and a female who drove a getaway vehicle. She told officers she had no idea what the suspects were looking for, but that she did occasionally provide housing to people who use controlled substances. Valley Transient Faces Multiple Charges - A 31-year-old transient faces a plethora of criminal charges after being arrested during a burglary and vehicle prowling spree. Officer Ryan Smith arrested a male suspect and booked him into the Spokane County Jail on single counts of Second- Degree Burglary, Second-Degree Theft and Possession of Motor Vehicle Theft Tools. He was also booked on three counts each of Second-Degree Vehicle Prowling and Third-Degree Theft. Smith and other officers were called to the 8100 block of East Carlisle by a woman who watched as the suspect walked past her home and stashed a red box behind a nearby vacant house. As she continued to watch, the suspect stopped in front of her neighbor's open garage, looked around to see if he was being watched and then entered the garage where he removed a white box. She called 9-1-1 with a description of the suspect and Smith spotted and detained the suspect at Trent and Ella. As he was speaking with the suspect, a waitress came out of a nearby restaurant and said her car had been prowled behind the business. She had lost a distinctive sweatshirt which was now in the suspect's Page 7 possession. Officer Jim Ebel contacted the original complainant and the neighbor who owned the prowled garage. He determined the hidden red box contained a $4,000 door fan stolen from a work truck parked in the 8300 block of East Jackson. That victim also lost a cordless drill, also found in the suspect's possession. A woman in the 8700 block of E. Courtland told the officers her car had been prowled and she had lost a calculator which had a name written on it. The calculator was found in the suspect's backpack. The white box taken from the open garage turned out to contain an ornamental Christmas doll, qualifying the suspect for the burglary charge. He also had 38 different vehicle keys on two metal rings in his pants. Interview of the suspect revealed he had used similar keys to steal cars in the past. The stolen property was returned to each of the victims after it was photographed by the officers. Weapons Discharge Puts Officer At Risk — A 28-year-old Spokane Valley resident was charged with Aiming or Discharging a Firearm/Weapon in a residential area and taken to jail. In mid-late January, a Spokane Valley sergeant was in his patrol car completing paperwork in the area of 6600 E. 4th Avenue, when he heard shots fired. Additional officers responded to the area and with the assistance of a concerned citizen, the suspect and weapon were located. Upon questioning, the suspect told officers he was very agitated from officers previously having been in front of his house pointing guns at people and he was "tired of the police being around." It appears the suspect may have been aiming at or close to the officer as he was in his marked patrol car writing a report. Alcohol or drugs did not appear to be a factor. Page 8 2011 JANUARY CRIME REPORT To date: Yearly totals: Jan-11 Jan-10 2011 2010 2,010 2009 2008 2007 2006 2005 BURGLARY 86 80 86 80 936 725 753 584 714 744 FORGERY 26 33 26 33 341 297 354 365 334 464 MALICIOUS MISCHIEF 95 85 95 85 1183 1245 893 1,265 1,122 904 NON-CRIMINAL 84 77 84 77 917 892 944 839 811 749 PROPERTY OTHER 53 74 53 74 837 933 828 890 982 1,154 RECOVERED VEHICLES 8 21 8 21 365 187 319 343 403 333 STOLEN VEHICLES 31 37 31 37 496 298 496 478 711 603 THEFT 153 182 153 182 2365 2162 1,846 1,881 1,888 2,256 UIOBC 0 0 0 0 3 4 4 8 11 8 VEHICLE OTHER 0 0 0 0 3 5 7 3 3 5 VEHICLE PROWLING 111 129 111 129 1395 920 1069 682 937 958 TOTAL PROPERTY CRIMES 647 718 647 718 8,852 7,668 7,513 7,338 7,916 8,178 ASSAULT 76 95 76 95 895 927 869 853 846 894 DOA/SUICIDE 11 21 11 21 188 210 269 221 167 159 DOMESTIC VIOLENCE 99 96 99 96 1297 1226 1063 874 736 762 HOMICIDE 0 0 0 0 1 3 3 1 5 1 KIDNAP 1 0 1 0 16 21 16 23 22 35 MENTAL 14 31 14 31 289 310 360 350 425 425 MP 6 10 6 10 128 115 95 83 88 97 PERSONS OTHER 125 184 125 184 1692 1621 1,354 1,337 1,159 1,256 ROBBERY 6 6 6 6 68 75 71 60 58 56 TELEPHONE HARASSMENT 11 11 11 11 153 159 95 73 83 92 TOTAL MAJOR CRIMES 349 454 349 454 4727 4,667 4,195 3,875 3,589 3,777 ADULT RAPE 4 3 4 3 44 35 44 43 29 39 CHILD ABUSE 8 11 8 11 115 159 148 104 78 101 CUSTODIAL INTERFERENCE 19 11 19 11 206 157 86 92 105 88 SEX REGISTRATION F 0 0 0 0 1 2 3 4 3 6 INDECENT LIBERTIES 0 2 0 2 8 10 11 18 15 9 CHILD MOLESTATION 6 1 6 1 47 35 66 46 69 67 CHILD RAPE 0 0 0 0 28 35 39 31 62 35 RUNAWAY 42 22 42 22 490 440 369 295 309 311 SEX OTHER 13 18 13 18 215 211 179 194 203 181 STALKING 0 0 0 0 18 15 21 17 17 27 SUSPICIOUS PERSON 20 14 20 14 215 175 142 152 177 244 TOTAL SEX CRIMES 112 82 112 82 1387 1271 1,108 996 1,067 1,108 DRUG 68 50 68 50 541 670 838 807 665 891 ITF OTHER 0 0 0 0 2 1 0 1 0 0 TOTAL ITF 68 50 68 50 542 671 838 808 665 891 TOTAL TRAFFIC REPORTS 251 296 251 296 3081 3,183 3,811 3,800 3,345 2,403 TOTAL REPORTS RECEIVED 1,427 1,600 1,427 1,600 18,589 17,460 17,465 16,817 16,582 16,357 PPY ails Li.[B-ari�ld�wx .t�11�` �+�.. alto 3!!JLl!iiI lIIhl IEi1Iii Em•ire p, r`�/ ' L'yC.l• ;°YI rt,��JJt■■■. 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Em.I 410 ono � :. i •r•'VliT"'Y� E lir_I.jI€€g rsUFnr-4, :MStsr=M11w_ 0t \ ► . mbnixo ti- w ssus mmusumm ommoim EINIMMENE «CBI IM2IMMIT! 29th :_ _ws •__sue .__sru Mi 3711 MINNIMIN Vehicle Prowling 0 1 0 2 Low Medium • High Miles 2011 January Vehicle Prowling Hotspots 180 160 140 120 100 80 60 40 20 Spokane Valley Vehicle Prowling 1 I I 1 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC • 2008 2009 ❑2010 ■2011 Spokane Valley PUBLIC WORKS DEPARTMENT MONTHLY REPORT January 2011 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION • Street Maintenance—2011 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/ http://www.ecy.wa.gov/programs/wq/tmdl/spokaneriver/dissolved oxygen/status.html http://www.spokanecounty.orq/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 JUB Engineers completed the traffic counts/accident data collection and evaluation. They have also completed the street pavement ratings on one half of the city's arterials and one third of the residential streets. Results are still being compiled and evaluated. 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 January 2011: 1 Winter Street and Stormwater Maintenance Items: • AAA continued cleaning underground stormwater structures under the Vactoring Services Agreement. • AAA is sweeping arterials as weather allows. 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 and will bring that information to Council in the February. STORMWATER 2011 Small Works Projects 1. 8th and Park— replace failing drainfield, provide improved catchbasins. Awaiting design, to be assigned to a 2011 Small Works Contract. 2. 11th and Herald — improve catchbasins and rehabilitate existing failing UIC. Awaiting design, to be assigned to a 2011 Small Works Contract. 3. 13618 E. 4th (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. 4. 32nd and Bowdish intersection, north leg — mitigate ongoing stormwater ponding. Evaluating various alternatives, awaiting design in 2011, assigned to a future Small Works Contract. • Ecology Facility Grant—Sullivan Road Bridge Drain Retrofit Project The City received a $186,665 grant to divert stormwater runoff discharging to the Spokane River from the Sullivan Road northbound bridge and possibly the southbound bridge. The design is scheduled for 2011 and construction in 2012. Staff is starting a new project for this work. • 2010 County Sewer Projects — Carry over Both the West Farms and South Greenacres Phase 3 projects are substantially complete. Only minor/punchlist items remain for 2011. Approximate carry-over of 2010 projects: Cronk (20%), Corbin (30%) and South Greenacres Phase 4 (75%). Corbin expected to restart 3/14, prelim traffic plans in the works — Barker and Sprague closures will be pending. • 2011 STEP sewer projects Working on stormwater funded improvements for the Green Haven and Mica View areas. Staff is developing design and details to improve existing problems and complaints in those areas. • Green Haven South Area —One stormwater area to be improved and included in construction documents; City's stormwater design and plans are complete. Ad date 2/9/11, Bid date 2/23/11. • Green Haven North Area — Three stormwater areas to be addressed; City's stormwater design and plans are complete and will be included with bid documents. Ad date 3/9/11, bid date 3/23/11. 2 • Micaview West Area — 95% review set received; City's stormwater design and plans are in progress. Ad date 2/23/11, bid date 3/9/11. • Pines/Mansfield - swales (near Montgomery and behind fire station) Staff will get quotes on removing material and replacing with an engineered soil and sod in spring of 2011. • Stormwater Decant Facility - Staff is reviewing for inclusion with possible maintenance facility acquisition. Design on hold pending property acquisition and review of the Stormwater Structure Cleaning (Vactoring) program. • Underground Injection Control (UIC) Assessment Staff continues work on compliance requirements for the City's 7,300 drywells (UICs) and performing required assessments by February 2013. • 2011 Stormwater Fee Assessor Rolls Update Staff certified the stormwater fees to existing or new commercial properties for the 2011 Stormwater Fee Assessor Roll Update. • Regulated Stormwater Outfalls and Basins Draft Report Staff completed mapping surface water outfalls and discharge points of interest and worked on a draft report of the City's Stormwater utility infrastructure and basins that discharge to surface waters of the State. This will document the City's compliance with several requirements of the Ecology Municipal Stormwater Permit. • Ecology NPDES Permit Implementation Grants The City received a $50k grant to implement NPDES Permit requirements for stormwater; funding will need to be expended by June 2011. The City received an additional $308k grant that will need to be expended by June 2012. • Stormwater Decant Facility - to be programmed with draft 2012-2018 Stormwater Improvement Plan. • Underground Injection Control (UIC) Assessment Staff continues work on compliance requirements for the City's 7,300 drywells (UICs) and performing required assessments by February 2013. A preliminary draft assessment and map has been completed and staff is continuing to review and revise based on internal comments received. Map will help show priority areas for retrofit and be used to help determine projects for the Stormwater Improvement Plan. • 2011 Stormwater Fee Assessor Rolls Update Staff completed work to update stormwater fees to existing or new commercial properties for the 2011 Stormwater Fee Assessor Roll Update. • Regulated Stormwater Outfalls and Basins Draft Report Staff started work on a draft report of the City's Stormwater utility infrastructure and basins that discharge to surface waters of the State. This will document the City's compliance with several requirements of the Ecology Municipal Stormwater Permit. 3 BRIDGE MAINTENANCE Working to finalize specs and quantities for Bridge Repair and Maintenance Contract bids. Sullivan Road over Trent (4501) repair and Sullivan SB over UPRR tracks (4507) expansion joint repairs to be reviewed with Sargent once contracting is finalized. GRANT APPLICATIONS • Congestion Management and Air Quality (CMAQ) Final selection of projects to received funding has yet to be approved by the SRTC Board. We anticipate this will occur at their March 2011 meeting. Currently it looks like the following projects may get funded: Sidewalk Infill Project — Phase 1, Sprague/Sullivan ITS Project, Mansfield Ave Extension Project. New Call for Projects- • New Freedom Funds Applying for funding to construct sidewalks and accessible pathways to transit stops. 4 p aka iii . Val lei,. January-11 0003 Barker Road Bridge Replacement 0005 Pines/Manfield, Wilbur Rd to Pines 0063 Broadway Avenue Safety Project, Pines RD 0069 Park Rd Recon. #2 Brdwy& Ind. SRTC06-12 0088 Broadway Ave. Moore to Flora 0112 Indiana Ave Extension 0113 Indiana/Sullivan PCC Intersection 0123 Mission Ave- Flora to Barker 0139 Park Road RR Crossing Safety Improvement 0141 Sullivan & Euclid PCC 0142 Broadway @ Argonne/Mullan 0143 Barker Rd/BNSF Grade Separation 0145 Spokane Valley-Millwood Trail 0146 24th Ave Sidewalk Adams to Sullivan Sewer Projects 0106 West Pondersoa (STEP) 0128 West Farms (STEP) 0129 South Greenacres (STEP) 0130 Corbin (STEP) 0131 Cronk (STEP) Micaview (STEP) Green Haven -C, North (STEP) Green Haven - B, South (STEP) BR Progran Knutson TIB Knutson UAP Knutson STP(U) Knutson TIB Aldworth UCP Aldworth STA Aldworth STP(U) Aldworth WUTC Knutson STP(U) Amsden STP(U) Knutson Fed Program STP(e) Aldworth 302 Knutson 302 001 001 001 001 001 001 001 Iris Iris Iris Iris Iris Iris Iris Iris 04/18/08 05/23/08 04/15/11 100 100 50 65 06/04/10 100 02/18/11 85 20 0 08/20/10 100 0 0 0 0 0 05/06/09 02/17/10 03/03/10 05/05/10 04/14/10 3/9/2011 3/23/2011 2/23/2011 100 100 100 100 100 95 60 100 99 95 0 0 90 0 0 0 0 0 0 0 0 0 99 95 60 70 80 0 0 0 08/31/10 06/30/11 08/31/11 $ 11,817,000 $ 6,627,000 $ 932,850 $ 352,002 11/14/10 $ 3,027,071 07/01/11 $ 2,082,000 12/31/11 $ 1,252,000 $ 517,919 04/30/11 $ 44,000 $ 175,260 $ 276,301 $ 720,000 $ 745,000 $ 292,000 06/01/10 11/01/10 07/01/11 06/01/11 06/01/10 9/31/11 9/31/11 9/31/11 $ 1,215,335 $ 427,000 $ 640,500 $ 705,000 $ 315,000 $ 280,000 $ 620,000 Estimated Total Project Proposed %Complete Construction Project # Road Projects Funding Manager Bid Date PE I CN Completion Cost 0003 Barker Road Bridge Replacement 0005 Pines/Manfield, Wilbur Rd to Pines 0063 Broadway Avenue Safety Project, Pines RD 0069 Park Rd Recon. #2 Brdwy& Ind. SRTC06-12 0088 Broadway Ave. Moore to Flora 0112 Indiana Ave Extension 0113 Indiana/Sullivan PCC Intersection 0123 Mission Ave- Flora to Barker 0139 Park Road RR Crossing Safety Improvement 0141 Sullivan & Euclid PCC 0142 Broadway @ Argonne/Mullan 0143 Barker Rd/BNSF Grade Separation 0145 Spokane Valley-Millwood Trail 0146 24th Ave Sidewalk Adams to Sullivan Sewer Projects 0106 West Pondersoa (STEP) 0128 West Farms (STEP) 0129 South Greenacres (STEP) 0130 Corbin (STEP) 0131 Cronk (STEP) Micaview (STEP) Green Haven -C, North (STEP) Green Haven - B, South (STEP) BR Progran Knutson TIB Knutson UAP Knutson STP(U) Knutson TIB Aldworth UCP Aldworth STA Aldworth STP(U) Aldworth WUTC Knutson STP(U) Amsden STP(U) Knutson Fed Program STP(e) Aldworth 302 Knutson 302 001 001 001 001 001 001 001 Iris Iris Iris Iris Iris Iris Iris Iris 04/18/08 05/23/08 04/15/11 100 100 50 65 06/04/10 100 02/18/11 85 20 0 08/20/10 100 0 0 0 0 0 05/06/09 02/17/10 03/03/10 05/05/10 04/14/10 3/9/2011 3/23/2011 2/23/2011 100 100 100 100 100 95 60 100 99 95 0 0 90 0 0 0 0 0 0 0 0 0 99 95 60 70 80 0 0 0 08/31/10 06/30/11 08/31/11 $ 11,817,000 $ 6,627,000 $ 932,850 $ 352,002 11/14/10 $ 3,027,071 07/01/11 $ 2,082,000 12/31/11 $ 1,252,000 $ 517,919 04/30/11 $ 44,000 $ 175,260 $ 276,301 $ 720,000 $ 745,000 $ 292,000 06/01/10 11/01/10 07/01/11 06/01/11 06/01/10 9/31/11 9/31/11 9/31/11 $ 1,215,335 $ 427,000 $ 640,500 $ 705,000 $ 315,000 $ 280,000 $ 620,000 Traffic Projects 0060 Argonne Road Corridor Upgrade (SRTC 06-3 CMAQ Knutson 04/15/11 50 0 12/31/11 $ 1,290,636 0061 Pines (SR27) ITS Improvements (SRTC 06-2 CMAQ Knutson 04/15/11 0 0 12/31/11 $ 2,083,121 0133 Sprague Ave ITS USDOE(d) Knutson 03/04/11 60 0 12/31/11 $ 400,000 0136 Traffic Signal LED Replacement USDOE(d) Kipp 100 33 12/31/11 $ 90,000 0147 Bike Lane Restriping USDOE(d) Kipp 0 0 $ 50,000 Stormwater Projects 0150 Sullivan Rd Bridge Drain Retrofit WA DOE Aldworth TBD 5 0 $ 187,000 Other Projects 0140 Bike & Ped MP Doc Prep USDOE(d) Basinger 0 0 $ 51,850 0148 Greenacres Trail - Design USDOE(d) Aldworth 0 0 $ 100,000 0149 In-House Design -Sidewalk Infill USDOE(d) Amsden 0 0 $ 65,000 Closeout Phase 0039 Argonne Rd Overlay- Indiana to Montgom. Fed Progra Arlt 100 99 $ 405,948 0054 44th Ave Pathway-Woodruff Rd to Sands Rd STP(E) Aldworth 06/11/10 100 99 10/15/10 $ 405,480 0062 Appleway/Sprague/Dishman Mica ITS CMAQ Knutson 09/18/08 100 99 10/30/09 $ 672,000 0065 Sullivan/Sprague PCC Intersection STP(P) Aldworth 05/28/10 100 99 10/31/10 $ 995,520 0066 Broadway Rehab Phase 2 STP(U) Aldworth 06/19/09 100 99 02/10/10 $ 627,500 0067 Broadway Francher PCC Intersection STP(U) Aldworth 02/13/09 100 99 12/02/09 $ 759,218 0071 SIGNAL CONTROLLER UPGRADES SRTC 06-22 CMAQ Knutson 04/29/08 100 99 11/30/09 $ 258,400 0086 Discovery Playground CTED Worley 05/01/09 100 99 05/12/10 $ - 0099 WSDOT Urban Ramp Project 302 Worley 100 99 09/30/09 $ 300,000 0100 16th and Bettman Stormwater 402 Arlt 04/01/09 100 99 06/01/10 $ 116,563 0102 Evergreen -Sprague PCC STA Aldworth 04/24/10 100 99 02/09/10 $ 685,000 0103 Pines-Sprague PCC STA Aldworth 03/20/09 100 99 12/07/09 $ 978,000 0104 McDonald -Sprague PCC STA Aldworth 04/24/10 100 99 02/09/10 $ 762,000 0107 Valleyview (STEP) 302 Arlt 04/01/09 100 99 06/01/10 $ 679,923 0108 Rotchford Acres (STEP) 302 Arlt 04/22/09 100 99 10/01/09 $ 388,306 0109 Clement (STEP) 302 Arlt 05/13/09 100 99 11/01/09 $ 565,116 0110 Sprague Avenue Rehabilitation ARRA(i) Arlt 04/17/09 100 99 06/01/10 $ 2,838,000 0114 Broadway/Sullivan PCC Intersection STA Aldworth 02/12/10 100 99 12/31/10 $ 788,450 0127 2009 ADA Improvements CDBG Aldworth 04/07/10 100 99 06/30/10 $ 110,713 0135 Flashing Yellow Arrow Installation USDOE(d) Kipp 100 99 12/31/10 $ 34,210 Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley 4th Quarter 2010 GREATER SPOKANE VALLEY LIBRARY SERVICES Customer use Most Spokane Valley area libraries customer use measure average increases continued to be slightly below those of the District as a whole-the increases a little lower and the decreases a little higher. Nonetheless, there were significant increases in door count and circulation. Selected 4th Quarter 2010 Year-to-Date Statistics Circulation Door count Reference Program Computer Inquiries Attendance Bookings YTD YTD to YTD YTD to YTD YTD to YTD YTD to YTD YTD to 2010 2009 2010 2009 2010 2009 2010 2009 2010 2009 SCLD 2,538,468 8.3% 1,372,601 1.9% 241,746 -4.4% 50,316 1.3% 253,444 -1.9% Spo Valley 621,030 6.1% 326,625 2.7% 82,762 -5.4% 16,241 -12.8% 78,145 -5.0% Argonne 174,821 6.8% 104,374 5.9% 16,930 -1.0% 1,969 0% 23,824 -2.0% Otis Orch. 88,828 -0.1% 51,276 -9.0% 8,540 -27.7% 2,607 6.8% 6,895 -10.2% Subtotal 884,679 5.6% 482,275 2.0% 108,232 -7.0% 20,817 -2.3% 108,864 -3.8% SCLD 34.9% - 35.1% - 45% - 41.4% - 43% - Registered Customers by Branch of Registration 2010 % of YTD Change YTD SCLD from 2009 SCLD 116,788 - 1.7% Spo Valley 36,656 31.4% 1.0% Argonne 10,761 9.2% 3.7% Otis 4,621 4.0% -1.7% Subtotal 52,038 45% 1.3% 4th Quarter activity highlights at Greater Spokane Valley branches Spokane Valley Library The Friends held a fall book sale in October and cleared over$1,400. Branch Services Manager Doug Stumbough attended the 5th Anniversary Celebration of CenterPlace at Mirabeau and a tour of Spokane Valley High School,both sponsored by the Greater Spokane Valley Chamber of Commerce. The Baby Lapsit Storytime program had its largest attendance of the year with 37 participants at one session and the Preschool Play and Learn storytimes drew 74 to another, the largest this year. Also in programming, the Anime Club continues to draw a large group of teens for its monthly meeting, and a drop-in and minimally advertised program with Wii gaming systems attracted 12. Orchard Crest Page 1 of 5 Retirement Community invited three staff to a special party as a thank you for providing library services and assistance in starting its book club. In two December vandalism incidents, a staff member's car was spray-painted while parked in the staff lot, and the mirror in the men's restroom was"engraved" by someone. The elevator continued to intermittently malfunction. Argonne Library The conference room is becoming a popular place for agencies to use to work with people looking for jobs, dealing with problems and/or enrolling in programs: at least two branches of the armed forces meet regularly with potential academy applicants, and the VA works with former members of the military in job searching. A small group interested in reviving the Argonne Friends of the Library filed the necessary paperwork with Washington State Secretary of State and received initial approval. A customer's granddaughter made a$40 donation to the library as a Christmas gift for her grandmother. Otis Orchards Library Library staff winterized the East Valley Farm-to-School"community" garden. The branch was closed for a week while carpeting was replaced. An adult began a community book club with two other members, and one teenager has offered to co-lead a group of teens if any others show interest. Friends treated the staff to a Christmas breakfast at the Otis Grill and purchased a gingerbread house for the circulation desk. They also bought supplies for a Christmas ornament craft. In-house storytime attendance increased 18% for the year. DISTRICT-WIDE LIBRARY SERVICES Customer use 2010 circulation of library materials was the highest on record at over 2.5 million as was the door count at almost 1.4 million. Argonne and Spokane Valley December circulation was the second highest ever. Overall, year-to-date programming attendance continues to remain fairly even with last year,with a modest 1% growth over 2009. Meeting room bookings were an all-time high of 3,272. A regular customer, a long-haul trucker who downloads audiobooks to make his treks across country easier, called from Ohio to pay off some fees by credit card so that he could update his card and continue to download books. Incident reports over the quarter were primarily a variety of human behavior situations that resulted in Rules of Customer Conduct advisements or were recorded as potential problems. Situations involving a customer with what appears to be a mental illness regularly appear in current reports, and historically in anecdotal and email reports. While none of the situations have been necessarily dangerous to staff or other customers, the frequency is noteworthy, as it confirms that such interactions are a regular part of library operations, particularly in suburban locations with larger population bases. Adult services Programming: Book discussion groups and computer instruction classes continued on their regular schedules. Two writing workshops at North Spokane Library proved to be popular but the last of the resume-writing programs were sparsely attended. Community:We provided outreach services to 45-46 adult facilities each month. 'Youth services Programming: A Teen Read Week program, "Altered T's" was offered at North Spokane, Airway Heights and Medical Lake. This was the first December without a break in our Storytime schedule. The After School Specials each month for school-age kids were titled, "Every Minute," "Pets That Rock" and"Master Artists." Page 2 of 5 Community: We visited 60 child-care facilities providing 120 storytimes to 1,768 children. Two youth services staff provided a STARS training, "Music and the Six Skills of Early Literacy," at the Washington Association for the Education of Young Children conference in Spokane. In November, we fulfilled our last obligations on the ESD 101/Thrive by Five grant project. The first part was providing title lists and activity sheets for ESD 101 to copy and put together book bags for their ECEAPs and Colfax, Colville and Newport libraries; the second was to provide training sessions at Moran Prairie and Colville libraries. BOARD OF TRUSTEES Board of Trustees action, October-December • Adopted resolutions revising the 2011 budget; levying property taxes for collection in 2011; dissolving the Capital Reserve Fund; and adopting the 2011 budget • Approved changes to overdue fines, fees, and the notice schedule • Reaffirmed the Fund Balance Management and Distribution of Community-Interest Policies • Approved revisions to the Library Meeting Room Policy • Adopted a resolution recognizing Friends of the Library support • Approved the 2011 Board of Trustees meeting locations • Called a special workshop meeting on January 22, 2011, to discuss library director recruitment and hiring • Elected Tim Hattenburg as 2011 board chair and Mary Lloyd as vice-chair Library director recruitment and hiring In preliminary discussions regarding the process to replace District director Mike Wirt who will retire in early 2012, trustees decided to hold a January 22 planning workshop. Library consultant and executive recruiter June Garcia of Denver will facilitate. Trustee reappointment Tim Hattenburg was reappointed for a second term on the Board of Trustees by the Board of County Commissioners at its November 30 meeting. DISTRICT ADMINISTRATION 2011 budget Property taxes With the August levy lid lift approval, the 2010 levy for collection in 2011 is limited only by the statutory$0.50 per$1,000 levy rate for library districts and the total assessed valuation,which dropped slightly. The final levy, including the amount required for administrative refunds, is $10,738,027, an increase of$1,018,246 over this year. Total revenue and expenses Total budgeted revenue for 2011 is estimated at$11,448,067; the expense estimate is$11,223,275. In expenses, the largest increases are personnel related, including a 1.4% salary increase, 3.9 FTE in additional branch staffing to help ensure we have enough staff on duty when we need them, and a second new IT support position to help handle ever-increasing technology demands. Fund balance The estimated ending balance in the General Operating Fund is$2,867,957, of which$1,710,807 is undesignated; and the Capital Project Fund is$891,094. Page 3 of 5 August election costs The bill for SCLD's share of the August 17 primary election cost was$41,755.31,based on the state allocation formula that takes into account the number of registered voters—in our case 144,428, a little over half of the county total. The estimate from early last year was$40,000 to$50,000 so it's at the low end of that range and well worth the investment. Library facilities master plan distribution The full Library Facilities Master Plan was printed and distributed. It was sent to our affiliated cities and towns, Spokane County, Spokane Public Library director, and the consultants who worked on plan elements. It's available in each branch and along with a much briefer summary, is posted on the SCLD website. Temporary communications manager position Communications Manager Beth Gillespie's leave of absence was extended through the end of 2011, providing enough time to make it feasible to hire someone for the communications manager position on a temporary basis. There were about two dozen applications. Interviews will take place at the end of the first week in January. Potential Airway Heights' annexation Airway Heights' mayor and city manager will propose to the City Council in January that it approve an ordinance requesting annexation to the District. The required steps and timetable were reviewed at a November 19 meeting. It's too late to begin the process for the February 8 special election, so April 28 is the only option available if it's to be effective for 2012 property taxes. Surplus computer donation With no area school district or other organization identified as wanting the 51 Dell computers and 47 monitors that were recently replaced when we upgraded our catalog computers, they were donated to the Toppenish School District in Yakima County. 2011 Non-resident library card fee SCLD's 2011 non-resident library card fee will remain the same as 2010: $100 per household. Resolution No. 99-12 requires that the fee be recalculated each October for the following year according to a specified formula: current year property tax revenue and revenue in lieu of property taxes is divided by the number of service area households. Spokane is Reading Spokane Is Reading author presentations were again wildly successful this year. The afternoon event at the Sons of Norway Hall on the North Side had 228 attendees and the evening event at the Bing had 467. The evening audience had a pleasant surprise with the unannounced introduction of Mr. Egan by local author Jess Walter. DISTRICT SUPPORT SERVICES Collection Services • We ordered 5,294 titles and 17,215 copies during the fourth quarter; the year-to-date net increase in the print/non-print collection was 6,080 items, comprised of a net increase of 8,865 nonprint items and a net decrease of 2,785 print items. • The year finished with 91,648 items processed—a new all-time record and 4,167 more than last year (a 4.8% increase). • Digital downloads set new highs for monthly circulation,new users and unique users. There was a huge surge in eBook use starting December 25,no doubt from holiday gift buying. Page 4 of 5 Communications With the absence of a communications manager for the entire quarter,non-routine communications activities were curtailed. • Publicity coordination (printed materials,website, and media) continued for the March 1, 2011, fines/fees/notice schedule changes; a news release on our positive budget news was distributed and design of a website homepage feature completed. • The Library Facilities Master Plan final review was completed and a plan summary written for posting on our website with the printed plan distributed to city and county officials, plan consultants, and others. Human Resources • Recruited for 15 positions with one filled externally; there were two resignations, three promotions, one transfer, and one position reclassification • HR Manager Paul Eichenberg attended the International Public Management Association-HR Conference in Seattle. • The 2011 staff training plan was completed. Information Technology • The catalog computer replacement project was completed. • The Spokane Valley Library facility had a power outage for several hours on a busy Saturday afternoon but the backup power generator did its job. None of the branches except Spokane Valley were affected and it was able to check-out books using one of the wireless laptops since all of the network gear stayed up. • Exchange 2010 was purchased for another early 2011 installation to prepare for the Office 2010 update for staff computers. • Most of the work on the new and more user-friendly and attractive self-checkout software, including testing,was completed in preparation for an early January rollout. • Our e-rate funding approval was received in early December for an amount a little over$100,000. Finance,Facilities, & Purchasing • In finance, actual 2010 property tax collections were 98.7% of the amount budgeted, a fairly typical percentage. Expenditures were well within budget. At the end of the year, cash on hand was$3,258,615. • In facilities, the Otis Orchards and partial Cheney carpet replacements were completed; the current winter's snow removal costs to date are approximately$11,500; maintenance and repairs to Spokane Valley Library's translucent roofing system were completed. • GASB 54 revised requirements for fund balances and more precise definition of scope and authorized purposes for capital projects funds were implemented in 2010 and 2011 budget documents. Page 5 of 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 22, 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: ROW 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: