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2011, 08-09 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL MEETING FORMAT Tuesday,August 9,2011 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 Mike Graef,Valley United Methodist 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 except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) 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 VOUCHER NUMBERS: TOTAL AMOUNT 07-18-2011 23359-23403 $209,202.47 07-20-2011 23404-23428; 7773894 $237,025.42 07-20-2011 23429-23431 $85.00 07-21-2011 5278-5299 $2,897.00 07-22-2011 23432-23457 $67,527.14 07-22-2011 23458-23480 $123,591.31 07-28-2011 23481-23492 $93,055.03 GRAND TOTAL $733,383.37 b.Approval of Payroll for period ending July 31,2011: $374,561.13 c.Approval of Minutes of July 19,2011 Study Session Format Council Meeting d.Approval of Minutes of July 26,2011 Formal Council Meeting NEW BUSINESS: 2.First Reading Proposed Ordinance 11-011,Ballot Issue—Cary Driskell,Mike Jackson,Neil Kersten [public comment] 3.Motion Consideration: Approval of Proposed Transportation Improvement Board Project List— Steve Worley [public comment] Council Agenda 08-09-2011 Regular Meeting Page 1 of 2 PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.)When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 4.Mission Ave. Drainage Easement Extinguishment—Scott Kuhta 5. Revenues and Expenditures for Preliminary 2012 Budget—Mark Calhoun 6.Finance Director Title—Cary Driskell 7. Proposed Amended 2011 TIP—Steve Worley 8. City Safety Grant Program—Inga Note 9. Railroad Quiet Zone—Neil Kersten 10. Solid Waste Update—Neil Kersten 11.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be discussed or reported) 12. Shoreline Master Program Update EXECUTIVE SESSION 13. Performance Review of a Public Employee [RCW 42.30.110(1)(g)] 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 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 08-09-2011 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business El public hearing El information El admin. report El pending legislation ❑ executive session AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 07-18-2011 23359-23403 $209,202.47 07-20-2011 23404-23428; 7773894 $237,025.42 07-20-2011 23429-23431 $85.00 07-21-2011 5278-5299 $2,897.00 07-22-2011 23432-23457 $67,527.14 07-22-2011 23458-23480 $123,591.31 07-28-2011 23481-23492 $93,055.03 GRAND TOTAL $733,383.37 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS Voucher Lists vchlist 07/18/2011 9:23:18AM Voucher List Spokane Valley Page: Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23359 7/15/2011 000958 AAA SWEEPING, LLC 46269 402.402.000 2011 STREET SWEEPING SERVICE 54,360.86 46270 402.402.000 2011 VACTORING SERVICES CONT 24,521.90 Total : 78,882.76 23360 7/15/2011 000150 ALLIED FIRE&SECURITY SVC1046287 101.042.000 REKEY LOCKS: MAINT FACILITY 619.99 Total : 619.99 23361 7/15/2011 001081 ALSCO LSP0993076 001.090.000 FLOOR MATS: CITY HALL 33.22 Total : 33.22 23362 7/15/2011 000030 AVISTA July 2011 303.303.113 ELECTRIC SERVICE EXTAGREEME 1,195.03 Total : 1,195.03 23363 7/15/2011 001816 BENTHIN&ASSOCIATES 1777 001.032.000 SVPW CONTRACT#10-027 H 2,512.00 Total : 2,512.00 23364 7/15/2011 002615 BULLOCK,SUSAN EXPENSES 001.013.015 REIMBURSEMENT:S. BULLOCK 46.35 Total : 46.35 23365 7/15/2011 002544 CAR QUEST AUTO PARTS STORES 1921-105923 101.042.000 SHOP MAINT TOOLS AND EQUIPME 55.57 1921-106655 101.042.000 SHOP MAINT TOOLS AND EQUIPME 1.89 1921-106763 101.042.000 SHOP MAINT TOOLS AND EQUIPME 5.48 Total : 62.94 23366 7/15/2011 002562 CD'A METALS 342951 101.042.000 SUPPLIES:PW 113.37 343059 101.042.000 SUPPLIES:PW 303.49 Total : 416.86 23367 7/15/2011 002572 CINTAS CORPORATOIN 606665255 101.042.000 SUPPLIES: PW 114.14 606665921 101.042.000 SUPPLIES: PW 55.98 606666922 101.042.000 SUPPLIES: PW 55.98 606667868 101.042.000 SUPPLIES: PW 62.07 606668857 101.042.000 SUPPLIES: PW 79.76 Total : 367.93 23368 7/15/2011 001048 CITY PARCEL WC1106176 001.058.055 COURIER SERVICE:CD 10.90 Page: 1 vchlist 0711 8/2011 9:23:18AM Voucher List Spokane Valley Page: 2 Bank code: Voucher 23368 23369 23370 23371 23372 23373 23374 apbank Date Vendor Invoice Fund/Dept Description/Account 7/15/2011 001048 001048 CITY PARCEL 7/15/2011 000508 CONOCOPHILLIPS FLEET 7/15/2011 001157 COUNTRY HOMES POWER EQUIP 7/15/2011 000409 DEPT OF REVENUE 7/15/2011 000278 DRISKELL,CARY 7/15/2011 002157 ELJAY OIL COMPANY 7/15/2011 002507 FASTENERS, INC 23375 7/15/2011 001447 FREE PRESS PUBLISHING INC 23376 7/15/2011 001009 GOTHMANN,WILLIAM 23377 7/15/2011 002235 GRAFOS, DEAN 23378 7/15/2011 000007 GRAINGER (Continued) 26494394 87265 2nd QTR EXPENSES 4183705 S3031312.002 33063061.001 S3076005.002 36522 36523 36524 EXPENSES EXPENSES 9569086045 9578505969 9579643181 Total : 001.058,057 JUNE 2011: FLEET FUEL BILL Total : 101.042.000 SUPPLIES: PW 001.076.301 LEASEHOLD EXCISE TAX RETURN Total : 001.013.015 MILEAGE:C. DRISKELL 101.042.000 JUNE 2011 OIL PRODUCTS FOR PL Total: Total : 101.042.000 101.042.000 101.042.000 001.013.000 001.058.056 001.058.056 001.011.000 001.011.000 101.042.000 402.402.000 101.042.000 Yellow Zinc Screw SHOP MAINT SUPPLIES:PW SCREW PLAIN LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : Total : MILEAGE FOR APRIL-JUNE 2011 Total : JUNE'S MILEAGE Total : SMALL TOOLS&EQUIPMENT:PW SMALL TOOLS&EQUIPMENT:PW SMALL TOOLS&EQUIPMENT: PW Total : Amount 10.90 3,701.28 3,701.28 65.15 65.15 3,422.25 3,422.25 18.87 18.87 845.99 845.99 -6.21 9.72 48.86 52.37 70.55 69.70 76.50 216.75 428.91 428.91 59.72 59.72 42.27 46.23 82.57 171.07 Page: 2 vchlist 07/18/2011 9:23:18AM Voucher List Spokane Valley Page: 3 Bank code: Voucher 23379 23380 23381 23382 23383 23384 23385 23386 23387 apbank Date Vendor 7/15/2011 000002 H&H BUSINESS SYSTEMS INC. 7/15/2011 001296 H.D. FOWLER CO INC 7/15/2011 002682 HAFNER, CHARLES 7/15/2011 001723 HEDEEN&CADITZ, PLLC 7/15/2011 002520 HUSKY INTERNATIONAL TRUCKS 7/15/2011 000161 IIMC 7/15/2011 000864 JUB ENGINEERS, INC. Invoice JUNE 2011 1293902 12944786 EXPENSES 6811 51703 51704 52004 52303 772924 21848 8688 0070808 7/15/2011 002676 KAMAN INDUSTRIAL TECHNOLOGIES P802629 7/15/2011 002259 MENKE JACKSON BEYER EHILS 439 470 499 511 23388 7/15/2011 002714 MILD TOO WILD UPHOLSTERY 101186 101199 Fund/Dept Description/Account 001.076.000 COPIER COST Total : 402.401000 EQUIPMENT:STORMWATER 402.402.000 EQUIPMENT:STORMWATER Total : 001.011.000 JUNES MILEAGE:HAFNER 001.013.015 101.042.000 101.042.000 101.042.000 101.042.000 101.042.000 Total : GENERAL PROFESSIONAL SERVIC Total SHOP MAINT SUPPLIES:PW SHOP MAINT SUPPLIES:PW SHOP MAINT SUPPLIES:PW SHOP MAINT SUPPLIES:PW SHOP MAINT SUPPLIES:PW Total 001.013.000 ANNUAL MEMBERSHIP FEES: KOU 001.013.000 ANNUAL MEMBERSHIP FEES: BAIN Total : 101.042.000 TIP DATA MAINTENANCE AND UPD, Total 101.042.000 SUPPLIES: PW 001.013,015 001.013.015 001.013.015 001.013.015 001.058.057 001.058.057 Total : PROF SVCS: HOLLYWOOD EROTIC PROFESSIONAL SVCS:AT&T MOBIL GENERAL PROFESSIONAL SERVIC SPOKANE VALLEY/MONTGOMERY Total : 32809D:VEHICLE SEAT REPAIR 32810D:VEHICLE SEAT REPAIR Amount 2,214.15 2,214.15 41.92 146.63 188.55 56.78 56.78 880.00 880.00 12.30 477.11 36.35 56.22 374.78 956.76 75.00 175.00 250.00 8,505.99 8,505.99 23.54 23.54 910.00 767.40 87.50 438.02 2,202.92 220.11 220.11 Page: 3 vch l ist 07/18/2011 9:23:18AM Voucher List Page: 4 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23388 7/15/2011 002714 002714 MILD TOO WILD UPHOLSTERY (Continued) Total : 440.22 23389 7/15/2011 002203 NAPA AUTO PARTS 1464877 101.042.000 SHOP MAINT TOOLS AND EQUIPME 12,99 1465978 101.042.000 SHOP MAINT TOOLS AND EQUIPME 35.22 2225394 101.042.000 SHOP MAINT TOOLS AND EQUIPME -10.16 2225527 101.042.000 SHOP MAINT TOOLS AND EQUIPME 10.29 2227141 101.042.000 SHOP MAINT TOOLS AND EQUIPME 27.86 2433328 101.042.000 SHOP MAINT TOOLS AND EQUIPME 10.16 2433404 101.042.000 SHOP MAINT TOOLS AND EQUIPME 14.30 2433408 101.042.000 SHOP MAINT TOOLS AND EQUIPME 11.33 4511976 101.042.000 SHOP MAINT TOOLS AND EQUIPME 59,05 4872949 101.042.000 SHOP MAINT TOOLS AND EQUIPME 104.56 Total : 275.60 23390 7/15/2011 000058 OMA A500163 001.018.016 PHYSICAL EXAMS:NEW EMPLOYE 520.00 Total : 520.00 23391 7/15/2011 000881 OXARC SSP7628 101.042.000 SUPPLIES: PW 97.57 SSP7722 101.042.000 SUPPLIES:PW 35.71 Total : 133.28 23392 7/15/2011 001089 POE ASPHALT PAVING, INC. JUNE 2011 101.042.000 2011 STREET AND STORMWATER 68,558.74 Total : 68,558.74 23393 7/15/2011 000064 SCHIMMELS, GARY EXPENSES 001.011.000 JUNE'S MILEAGE 163.80 Total : 163.80 23394 7/15/2011 000318 SHAMROCK PAVING CO. 778 101.042.000 MATERIALS:PW 26.00 791 101.042.000 MATERIALS: PW 25.13 Total: 51.13 23395 7/15/2011 002531 SIX ROBBLEES INC 5-596143 101.042.000 SHOP MAINT SUPPLIES: PW 159.14 5-601920 101.042.000 SHOP MAINT SUPPLIES:PW 179.36 5-602078 101.042.000 SHOP MAINT SUPPLIES:PW 434.80 5-602088 101.042.000 SHOP MAINT SUPPLIES:PW 16.57 5-602155 101.042.000 SHOP MAINT SUPPLIES:PW 16.57 Total : 806.44 Page: 4 vchlist 07/1812011 9:23:18AM Voucher List Page: 5 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23396 7/15/2011 002540 SPOKANE HOUSE OF HOSE INC. 135412 101.042.000 SHOP MAINT SUPPLIES 35/2 138966 101.042.000 SHOP MAINT SUPPLIES 38.63 139647 101.042.000 SHOP MAINT SUPPLIES 322.07 Total : 396.42 23397 7/15/2011 000898 SPOKANE PROCARE 2011-06 101.042.000 2011 LANDSCAPING CONTRACT##• 12,032.96 Total : 12,032.96 23398 7/15/2011 000093 SPOKESMAN-REVIEW 268726 001.013.000 ADVERTISING: LODGING TAX 391,77 Total : 391.77 23399 7/15/2011 002605 SPOT DEVICES INC FTINV 0000051 101.042.000 FREIGHT 75.00 SINV 00001485 101.042.000 SCHOOL ZONE BEACONS 13,950.00 Total : 14,025.00 23400 7/15/2011 002135 SPRAY CENTER ELECTRONICS, INC 209511 101.042.000 SHOP MAINT SUPPLIES 1,896.71 Total : 1,896.71 23401 7/15/2011 002254 TOWEY,TOM EXPENSES 001.011.000 JUNE'S MILEAGE:TOWEY 75.48 Total : 75.48 23402 7/15/2011 002188 VALLEY BEST-WAY BLDG SUPPLY 604942 101.042.000 SMALL TOOLS AND SUPPLIES: PW 79.75 604947 101.042.000 SMALL TOOLS AND SUPPLIES: PW 41.39 604964 101.042.000 SMALL TOOLS AND SUPPLIES: PW 17.76 604986 101.042.000 SMALL TOOLS AND SUPPLIES: PW 439.32 604995 101.042.000 SMALL TOOLS AND SUPPLIES: PW 34.51 605005 101.042.000 SMALL TOOLS AND SUPPLIES: PW 6.52 605012 101.042.000 SMALL TOOLS AND SUPPLIES: PW 14.76 605014 101.042.000 SMALL TOOLS AND SUPPLIES: PW 8.79 605031 101.042.000 SMALL TOOLS AND SUPPLIES: PW 78.86 605048 101.042.000 SMALL TOOLS AND SUPPLIES: PW 50.06 605060 101.042.000 SMALL TOOLS AND SUPPLIES; PW 53.42 605061 101.042.000 SMALL TOOLS AND SUPPLIES: PW 10.86 605066 101.042.000 SMALL TOOLS AND SUPPLIES: PW 2520 605072 101.042.000 SMALL TOOLS AND SUPPLIES: PW 13.34 Total : 874.54 23403 7/15/2011 002651 WOODARD,ARNE EXPENSES 001.011.000 JUNE'S MILEAGE:WOODARD 151.35 Page: 5 vchlist 07/18/2011 9:23:18AM Voucher List Page: 6 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23403 7/15/2011 002651 002651 WOODARD,ARNE (Continued) Total : 151.35 45 Vouchers for bank code: apbank Bank total : 209,202.47 45 Vouchers in this report Total vouchers : 209,202.47 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: 6 vch l ist 07/20/2011 11:00:32AM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice 23404 7/20/2011 000648 ABADAN 23405 7/20/2011 000815 BNSF RAILROAD CO 23406 7/20/2011 000863 CENTURY WEST ENG CORP 158949 MAY 2011 232479 23407 7/20/2011 002469 COMMUNITY MINDED ENTERPRISES 3637 23408 7/20/2011 000912 DEX MEDIA WEST 23409 7/20/2011 001771 DOLLAR RENTA CAR 23410 7/20/2011 000746 EMPLOYMENT SECURITY DEPT 23411 7/20/2011 001447 FREE PRESS PUBLISHING INC 23412 7/20/2011 002568 GRANICUS INC 23413 7/20/2011 000864 JUB ENGINEERS, INC. 23414 7/20/2011 002522 KOEGEN EDWARDS LLP JUNE 2011 JUNE 2011 217156-00 2 36573 36578 27403 0069028 1797 1799 1802 1804 1815 Fund/Dept 303.303.113 101.042.000 101.042.000 001.090.000 001.076.304 001.090.000 502.502.000 001.090.000 001.058.056 001.090.000 101.042.000 Description/Account Amount 001.013.015 001.013.015 001.013.015 001.013.015 001.013.015 BOUND: INDIANAAVE EXTENSION Total : BNSF CLAIMS FOR DAMAGES Total : 2011 TIP SERVICES Total : MAY&JUNE'S BROADCASTING SV Total : ADVERTISING:SENIOR CENTER Total : CAR RENTALS 2ND QTR 2011 Total : Total : LEGAL PUBLICATION:FINANCE LEGAL PUBLICATION BROADCASTING SERVICES Total : Total : PAVEMENT MANAGEMENT PLAN Total : PROFESSIONAL SVCS: POLICE SE PROFESSIONAL SVCS: LUPA(1) PROFESSIONAL SVCS: SHORELIN PPROFESSIONAL SVCS:ECONOMI( PROFESSIONAL SVCS: GENERAL 71.52 71.52 2,005.44 2,005.44 5,252.88 5,252.88 3,750.00 3,750.00 38.10 38.10 1,346.36 1,346.36 7,534.63 7,534.63 108.10 82.45 190.55 695.68 695.68 8,974.22 8,974.22 350.00 6,965.90 1,626.50 201.80 3,050.70 Page: 1 vchlist 07/20/2011 11:00:32.AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 23414 7/20/2011 002522 002522 KOEGEN EDWARDS LLP 23415 7/20/2011 000307 OFFICE OF THE STATE TREASURER JUNE 2011 23416 7/20/2011 002424 PITNEY BOWES GLOBAL (Continued) 23417 7/20/2011 002288 SARGENT ENGINEERS INC. 23418 7/20/2011 001892 SKILLINGS CONNOLLY INC 23419 7/20/2011 000090 SPOKANE CO INFO SYSTEMS 23420 7/20/2011 000308 SPOKANE CO PROSECUTING ATTY 23421 7/20/2011 000001 SPOKANE CO TREASURER 23422 7/20/2011 000065 STAPLES ADVANTAGE 1428301411 27244 27245 7336 50307080 JUNE 2011 51500735 51500756 3157319080 3157319086 3157319090 3157319092 3157319094 3157319096 3157319098 3157319100 3157319102 3157319103 3157319104 001.016.000 001.090.000 101.042.000 101.042.000 001.032.000 001.018.013 001.016.000 001.016.000 101.042.000 402.402.000 001.058.056 001.011.000 001.018.014 001.058.056 001.018.014 001.011.000 001.018.016 001.058.056 001.058.056 001.058.056 STATE REMITTANCE Total : Total : JULY 2011: POSTAGE METER RENT Total : BRIDGE AND STRUCTURAL CONSL BRIDGE AND STRUCTURAL CONSL Total : RIGHT-OF-WAY POLICIES&PROCE Total : COUNTY IT SUPPORT CRIME VICTIMS COMP FUND Total : Total: JUNE 2011 HOUSING INVOICE JUNE 2011:WORK CREW Total : OFFICE SUPPLIES:PW OFFICE SUPPLIES:CD OFFICE SUPPLIES:COUNCIL OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES:CD OFFICE SUPPLIES: FINANCE OFFICE SUPPLIES:COUNCIL OFFICE SUPPLIES: HR OFFICE SUPPLES:CD OFFICE SUPPLIES:CD OFFICE SUPPLIES:CD Total : Amount 12,194.90 60,287.86 60,287.86 275.00 275.00 412.56 137.52 550.08 7,297.50 7,297.50 17,499.77 17,499.77 803.43 803.43 85,612.00 6,432.20 92,044.20 60.85 37.76 49.61 83.33 248.56 66.83 41.28 97.85 71.64 48.86 475.58 1,282.15 Page: 2 vchlist 07/20/2011 11:00:32AM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23423 7/20/2011 001911 THE GLOVER MANSION CP291 001.013.000 CITY COUNCIL EVENT 271.64 Total : 271.64 23424 7/20/2011 000335 TIRE-RAMA 8080011815 001.058.057 328090:VEHICLE REPAIR 121.46 Total : 121.46 23425 7/20/2011 000337 UPS 0000Y#F950281 001.018.013 SHIPPING CHARGES: 53.30 Total : 53.30 23426 7/20/2011 000964 VOLT MANAGEMENT CORP 25351920 001.090.000 STAFFING SVCS: IT 297.60 Total : 297.60 23427 7/20/2011 001872 WA DEPT OF INFO SERVICES 2011060198 001.090,000 SOFTWARE ASSURANCE RENEWA 5,050.68 Total : 5,050.68 23428 7/20/2011 000140 WALT'S MAILING SERVICE 29216 303.303.113 INDIANA/SULLIVAN INTER SELF-ME 2,786.64 EST#12071 303.303.063 BROADWAY AVE SAFETY PROJECT 2,187.98 JULY 2011 001.143.70. POSTAGE PRE-PAYMENT 3,000.00 Total : 7,974.62 7773894 7/14/2011 000409 DEPT OF REVENUE 2nd Qtr 001.076,302 RETAILING&OTHER ACTIVITIES:C 1,161.85 Total : 1,161.85 26 Vouchers for bank code: apbank Bank total : 237,025.42 26 Vouchers in this report Total vouchers: 237,025.42 Page: vch l ist 07/20/2011 11:24:44AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 23429 23430 23431 apbank Date Vendor Invoice 7/20/2011 002717 ECKER, FRANK 7/20/2011 002716 LOBBY HOBBY 7/20/2011 002715 ZIP'S RESTAURANT 3 Vouchers for bank code: apbank 3 Vouchers in this report 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 CRYWOLF:3547702518 CRYWOLF:782150 CRYWOLF:28269 Fund/Dept Description/Account 001.000.000 CRYWOLF REFUND: PERMIT#V39 Total : 001.000.000 CRYWOLF REFUND: PERMIT#V33 Total : 001.000.000 CRYWOLF REFUND: PERMIT#V27 Total : Bank total : Total vouchers: Amount 25.00 25.00 35.00 35.00 25.00 25.00 85.00 85.00 Page: 1 vchlist 07/21/2011 3:22:58PM Voucher List Page: 1 Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5278 7/21/2011 002266 ANDERSON,JANE REFUND 001.237.10. DEPOSIT REEFUND:VALLEY MISSI 52.00 Total : 52.00 5279 7/21/2011 002733 CLEMENS, K. REFUND 001.237.10. DEPOSIT REFUND:VALLEY MISSIC 52.00 Total : 52.00 5280 7/21/2011 002448 DONATHAN, REBECCA REFUND 001.076.302 SWIMMING LESSON REFUND 30.00 Total : 30.00 5281 7/21/2011 001333 EAST VALLEY HS REFUND 001.076.305 CANCELLATION REFUND:GREAT F 1,500.00 Total : 1,500.00 5282 7/21/2011 002721 GODEK, MARJORIE REFUND 001.076.302 SWIMMING LESSONS REFUND 15.00 Total : 15.00 5283 7/21/2011 002719 HOWELL,SHAUNA REFUND 001.076.302 SWIMMING LESSON REFUND 30.00 Total : 30.00 5284 7/21/2011 002720 KASPAR, HEATHER REFUND 001.076.302 SWIMMING LESSONS REFUND 15.00 Total : 15.00 5285 7/21/2011 002722 KAUFMAN, RYNA REFUND 001.076.302 SWIMMING LESSONS FEE REFUNE 30.00 Total : 30.00 5286 7/21/2011 002724 KIDDER, FAITH REFUND 001.237.10. DEPOSIT REFUND:MIRABEAU ME/ 52.00 Total : 52.00 5287 7/21/2011 002732 LIVELY, MONICA REFUND 001.076.301 CLASS CANCELLATION: HOOPSTE 20.00 Total : 20.00 5288 7/21/2011 002729 LUCERO, LEAH REFUND 001.076.301 DEPOSIT REFUND: BABYSITTERS` 50.00 Total : 50.00 5289 7/21/2011 002726 MILLER, DUSTIN REFUND 001237.10. DEPOSIT REFUND: EDGECLIFF 52.00 Total : 52.00 5290 7/21/2011 002725 OMNI MANAGEMENT INC REFUND 001.237.10. DEPOSIT REFUND:VALLEY MISSIC 52.00 Page: 1 vchlist 07/21/2011 3:22:58PM Voucher List Spokane Valley Page: 2 Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5290 7/21/2011 002725 002725 OMNI MANAGEMENT INC 5291 7/21/2011 002730 SALPETER,JEFF 5292 7/21/2011 002734 SAVALL,SUZANNE 5293 7/21/2011 002723 SHAWHAN, MARY 5294 7/21/2011 002727 SMART SMOKE 5295 7/21/2011 002735 STAUFFER,MELISSA 5296 7/21/2011 002736 TOWN, NICOLE 5297 7/21/2011 002728 TURNER,GLORIA 5298 7/21/2011 000167 VERA WATER&POWER 5299 7/21/2011 002731 WILLIAMSON, KATHY 22 Vouchers for bank code: pk-ref REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND REFUND (Continued) Total : 001.076.301 SUMMER DAY CAMP CANCELLATIC Total : 001.237.10. DEPOSIT REFUND:MIRABEAU ME/ Total : 001.237.10. DEPOSIT REFUND:MIRABEAU ME/ Total : 001.237.10. DEPOSIT REFUND:VALLEY MISSIC Total : 001.237.10. DEPOSIT REFUND:EDGECLIFF Total : 001.237.10. DEPOSIT REFUND: GREAT ROOM Total : 001.237.10. DEPOSIT REFUND:VALLEY MISSIC Total : 001.237.10. DEPOSIT REFUND:AUDITORIUM& Total : 001.076.301 CLASS CANCELLATION:LITTLE SP. Total : Bank total : 52.00 360.00 360.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 52.00 210.00 210.00 52.00 52.00 52.00 52.00 65.00 65.00 2,897.00 22 Vouchers in this report Total vouchers : 2,897.00 Page: 2 vchlist 07/22/2011 1:33:50PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23432 7/22/2011 001685 AICPA 2011 001.018.014 MEMBERSHIP:CALHOUN 290.00 Total: 290.00 23433 7/22/2011 000150 ALLIED FIRE&SECURITY IVC1013352 001.076.000 KEYS FOR CENTERPLACE 9.24 RCB1057083 001.076.305 QUARTERLY MONITORING: CENTE 112.50 Total : 121.74 23434 7/22/2011 001081 ALSCO June 2011 001.016.000 FLOOR MATS: PRECINCT 40.78 Total : 40.78 23435 7/22/2011 000334 ARGUS JANITORIAL LLC INV006272 001.016.000 JANITORIAL SVCS:JUNE 2011 PRE 2,165.23 Total: 2,165.23 23436 7/22/2011 000030 AVISTA June 2011 001.076.300 UTILITIES: PARKS MASTER AVISTP 11,197.30 Total: 11,197.30 23437 7/22/2011 000694 AVISTA UTILITIES 28108 001.090.000 HOME ENERGY AUDITS 187.00 Total : 187.00 23438 7/22/2011 000918 BLUE RIBBON LINEN SUPPLY INC 9240921 001.076.305 LINEN SERVICE AND SUPPLY AT C 205.35 9242878 001.076.305 LINEN SERVICE AND SUPPLY AT C 142.42 S0014104 001.076.305 LINEN SERVICE AND SUPPLY AT C 19.48 S0014145 001.076.305 LINEN SERVICE AND SUPPLY AT C 90.09 Total: 457.34 23439 7/22/2011 001169 CITY OF SPOKANE VALLEY July 2011 001.058.056 PE I I Y CASH:9738,40,41 26.50 July 2011 001.058.056 PE I I Y CASH:9732,34,35 4.90 Total : 31.40 23440 7/22/2011 002389 DIRECTPOS 10571 001.076.302 PHONE SERVICING AT PARK ROA[ 135.88 10621 001.076.302 PHONE LINE SERVICING:TERRACI 78.04 Total : 213.92 23441 7/22/2011 002308 FINKE, MELISSA July 2011 001.076.301 DANCE LESSON INSTRUCTOR PA) 190.90 Total: 190.90 23442 7/22/2011 002712 GTFX INC. 25335 001.076.305 SERVICE GREASE TRAP 163.05 Page: 1 vchlist 07/2212011 1:33:50 PM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 23442 7/22/2011 002712 002712 GTFX INC. 23443 7/22/2011 000741 HONEY BUCKETS 23444 7/22/2011 000388 IRVIN WATER DIST.#6 23445 7/22/2011 002683 LAWRENCE H&KAREN K KNAPP 23446 7/22/2011 000132 MODERN ELECTRIC WATER CO (Continued) 1-312041 June 2011 July 2011 June 2011 23447 7/22/2011 000193 NORTHWEST CHRISTIAN SCHOOL INC August 2011 23448 7/22/2011 002421 PLAY-CREATION, INC. 23449 7/22/2011 000415 ROSAUERS 23450 7/22/2011 002305 SAFEGUARD BUSINESS SYSTEMS 23451 7/22/2011 000935 SERVICE PAPER CO 23452 7/22/2011 000323 SPOKANE CO UTILITIES 23453 7/22/2011 001911 THE GLOVER MANSION 1104-4594 10-25999 11-34199 2-28738 3-21975 027052596 110523065 Jufy 2011 CP283 Total : 001.076.300 HONEY BUCKET RENTAL: PARKS Total : 001.076.300 UTILITIES: PARKS Total : 001.076.301 SUMMER DAY CAMP FIELD TRIP 6/ Total : 001.076.302 UTILITIES:PARKS 001.090.000 CITY HALL RENT 001.076.300 PLAYGROUND SWINGS Total: Total: Total : 001.076.301 SUPPLIES:SUMMER CAMP 001.076.301 SUPPLIES:SUMMER CAMP 001.076.301 SUPPLIES FOR SUMMER CAMP 001.076.301 SUPPLIES:SUMMER CAMP Total : 001.076.305 SUPPLIES FOR CENTERPLACE Total : 001.016.000 SUPPLIES FOR PRECINCT 001.076.302 SPOKANE COUNTY SEWER 001.076.305 EVENT SERVICES AT CENTERPLAI Total: Total : Total : Amount 163.05 154.00 154.00 482.42 482.42 79.84 79.84 3,577.76 3,577.76 38,416.84 38,416.84 1,768.70 1,768.70 44.65 30.39 43,45 20.90 139.39 405/4 405.74 1,035.52 1,035.52 1,689.08 1,689.08 146.75 146.75 Page: 2 vchlist 07/221201/ 1:33:50PM Voucher List Spokane Valley Page: 3 Bank code: Voucher 23454 23455 23456 23457 apbank Date Vendor Invoice Fund/Dept Description/Account 7/22/2011 002576 TUNE TALES MUSIC, INC 7/22/2011 000167 VERA WATER&POWER 7/22/2011 002739 WOOD,SAM 7/22/2011 001409 WORLD CLASS COMMUNICATIONS 26 Vouchers for bank code: apbank 26 Vouchers in this report 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 June 2011 009432-000 REFUND 110700065 001.076.301 INSTRUCTOR PMT: MUSIC CLASS, Total: 001.076.300 POWER AND WATER SERVICE: PA Total : 001237.10. REFUND OF SURVEY DEPOSIT Total : 001.076.305 ANSERING SERVICE:CP Total : Bank total : Total vouchers: Amount 548.80 548.80 490.14 490.14 3,500.00 3,500.00 33.50 33.50 67,527.14 67,527.14 Page: 3 vchlist 07/22/2011 3:01:10PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 23458 23459 23460 23461 23462 23463 23464 23465 23466 23467 23468 apbank Date Vendor invoice Fund/Dept Description/Account 7/22/2011 000958 AAA SWEEPING, LLC 7/22/2011 001310 ARROW CONCRETE&ASPHALT 7/22/2011 000796 BUDINGER&ASSOC INC 7/22/2011 000863 CENTURY WEST ENG CORP 7/22/2011 001888 COMCAST 7/22/2011 000683 DAVID EVANS&ASSOCIATES 7/22/2011 002385 DKS ASSOCIATES 7/22/2011 002737 DUFFY CONSTRUCTION 7/22/2011 000007 GRAINGER 46261 303.303.112 90382 101.042.000 STREET MAINT SUPPLIES DUST CONTROL: MISSION&FLOR■ Total: M11062-2 232477 232477 JUNE 2011 307310 307310 48093 0001SpokaneV001 9582315876 9584671920 7/22/2011 002518 INLAND PACIFIC HOSE&FITINGS 456514 7/22/2011 000993 LES SCHWAB TIRE CENTER 168261 Total : 303.303.112 GEOTECH SVCS FOR PROJECT#0 Total : 303.303.063 101.042.153 101.042.000 101.042.000 303.303.113 303.303.060 001.076.302 402.402.000 402.402.000 101.042.000 10-011 DESIGN ROW CIP 0063 BROADWAY AVE SAFETY IMPR. Total : HIGH SPEED INTERNET:SHOP MA Total : 2011 TRAFFIC ENGINEERING SERI, 0113 INDIANA/SULLIVAN SURVEY.� Total : ARGONNE CORRIDOR SIGNAL&D Total : LEASEHOLD IMPROVEMENTS Total : SMALL TOOLS&EQUIPMENT:PW SMALL TOOLS&EQUIPMENT:PW Total : SUPPLIES: PW Total : 101.042.000 40206D:ALIGNMENT AND TIRE REF Total : Amount 218.92 218.92 146.56 146.56 10,951.64 10,951.64 1,552.02 2,013.31 3,565.33 64.90 64.90 5,870.00 266.25 6,136.25 12,792.72 12,792.72 217.18 217.18 35.80 26.47 62.27 37.97 37.97 114.95 114.95 Page: 1 vchlist 0712272011 3:01:10PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23469 7/22/2011 001035 NETWORK DESIGN&MANAGEMENT 20090 001.090.000 JUNE 2011:SYSTEM MAINTENANCI 6,055.00 20109 001.090.000 KVM FOR CENTERPLACE 3,000.46 20110 001.090.000 HARD DRIVES FOR PUBLIC STORP 817.51 Total : 9,872.97 23470 7/22/2011 000652 OFFICE DEPOT INC. 569326469001 001.076.000 OFFICE SUPPLIES: CP 335.74 570754574001 001.013.015 OFFICE SUPPLIES: LEGAL 58.60 570755218001 001.013.015 OFFICE SUPPLIES:LEGAL 47.00 570986970001 001.032.000 OFFICE SUPPLIES:PW 72.54 Total : 513.88 23471 7/22/2011 000322 QWEST July 2011 001.076.302 JULY 2011:PHONE SERVICE 319.72 Total : 319.72 23472 7/22/2011 000256 RAINBOW ELECTRIC INC 126811 001.090.000 LIGHT FIXTURES ADD TO COUNCIL 380.45 Total : 380.45 23473 7/22/2011 000318 SHAMROCK PAVING CO. 827 101.042.000 MATERIALS: PW 28.35 839 101.042.000 MATERIALS: PW 26.96 Total : 55.31 23474 7/22/2011 002531 SIX ROBBLEES INC 5-605878 101.042.000 SHOP MAINT SUPPLIES: PW 18.34 Total : 18.34 23475 7/22/2011 000172 SPOKANE CO ENGINEER VLY1106 101.042.000 COUNTY SERVICES 69,349.44 Total : 69,349.44 23476 7/22/2011 000001 SPOKANE CO TREASURER 11002181 309309.079 INSPECTION CHARGES 2,551.22 Total : 2,551.22 23477 7/22/2011 000093 SPOKESMAN-REVIEW 267604 303.303.113 ADVERTISING 1,266.07 Total : 1,266.07 23478 7/22/2011 001875 STRATA S110151-IN 307.307.088 0088 MATERIAL TESTING SERVCEI 844.20 Total : 844.20 23479 7/22/2011 001895 TAYLOR ENGINEERING INC 6 303.303,113 TAYLOR ON CALL PE AND CN CON' 208.58 6 303.303.154 TAYLOR ON CALL PE AND CN CON' 1,579.24 Page: 2 vchlist 07/22/2011 3:01:10PM Voucher List Page: 3 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23479 7/22/2011 001895 TAYLOR ENGINEERING INC 23480 7/22/2011 000717 TRANSPO GROUP, INC. (Continued) Total: 13939 101.042.133 0133 SPRAGUE ITS CONSULTANT/ Total : 23 Vouchers for bank code: apbank Bank total : 23 Vouchers in this report Total vouchers: 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 1,787.82 2,323.20 2,323.20 123,591.31 123,591.31 Page: 3 vchlist 07/28/2011 4:12:55PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23481 7/28/2011 001685 AICPA 2011 001.018.014 MEMBERSHIP:CALHOUN 215.00 Total : 215.00 23482 7/28/2011 000271 BAINBRIDGE,CHRISTINE Expenses 001.013.000 EXPENSE REIMBURSEMENT 27.76 Total : 27.76 23483 7/28/2011 001606 BANNER BANK 4064 001.058.056 JULY 2011:4064 1,133.45 4458 001.013.000 JULY 2011:4458 271.49 4720 001.013.000 JULY 2011: 4720 4,338.36 8861 001.076.305 JULY 2011:8861 2,082.81 Total : 7,826.11 23484 7/28/2011 002662 DAVID'S BRIDAL, INC 7010143 001.076.305 MONTHLY LICENSE FEE:ACCT 53e 175.00 Total: 175.00 23485 7/28/2011 001881 DOMRESE, DAN Expenses 001.018.014 EXPENSE REIMBURSEMENT 501.01 Total: 501.01 23486 7/28/2011 000849 GRIFFITH, DEANNA Expenses 001.058.050 EXPENSE REIMBURSEMENT 58.65 Total : 58.65 23487 7/28/2011 002413 HAYES, CHRISTINE Expenses 001.013.015 EXPENSE REIMBURSEMENT 38.30 Total : 38.30 23488 7/28/2011 000252 LOWE'S BUSINESS ACCOUNT July 2011 001.076.305 OPERATING SUPPLIES: CP 135.56 Total : 135.56 23489 7/28/2011 001821 MORRIS, HEATHER Expenses 001.058.057 EXPENSE REIMBURSEMENT 32.38 Total: 32.38 23490 7/28/2011 001922 SWANK MOTION PICTURES, 1NC RG-0921671 001.076.301 MOVIE LICENSES-MOVIES IN THE 915.25 Total: 915.25 23491 7/28/2011 000717 TRANSPO GROUP, INC. 13939-B 101.042.133 0133 SPRAGUE ITS CONSULTANT, 10,889.01 Total : 10,889.01 23492 7/28/2011 000487 YMCA OF THE INLAND NW JULY 2011 001.076.302 JULY 2011 OPERATION AND MAINE 72,241.00 Page: 1 vchlist 07128/2011 4:12:55PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 23492 7/28/2011 000487 000487 YMCA OF THE INLAND NW (Continued) Total: 72,241.0 12 Vouchers for bank code: apbank Bank total : 93,055.03 12 Vouchers in this report Total vouchers: 93,055.03 1,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 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 08-09-11 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 July 31, 2011 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 247,300.06 Benefits: $ 127,261.07 Total payroll $ 374,561.13 STAFF CONTACT: Raba Nimri DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington July 19,2011 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Bill Gothmann,Councilmember Mark Calhoun,Finance Director Dean Grafos,Councilmember Kathy McClung,Community Dev. Director Brenda Grassel,Councilmember Scott Kuhta,Planning Manager Chuck Hafner,Councilmember Mike Stone,Parks&Recreation Director Arne Woodard,Councilmember Neil Kersten,Public Works Director Inga Note,Traffic Engineer Steve Worley, Senior Engineer Lori Barlow, Senior Planner Mike Basinger, Senior Planner Mary May,Development Engineer Marty Palaniuk,Planning Technician Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. 1. Sculpture Donation and Placement—Mike Stone Parks and Recreation Director Stone introduced Dr. Harken of the Spokane Valley Arts Council, and explained that Dr.Harkin will talk about the latest sculpture that will be donated to Spokane Valley in just a few weeks. Dr. Harken said that this will be formally presented to the City of Spokane Valley at the dedication ceremony scheduled for 11:00 a.m. August 5 at CenterPlace, and said that Councilmembers will be receiving invitations soon; he explained that the people from the foundry who built this piece are from Enterprise, Oregon and Nancy McLaughlin's actual sculpture, entitled "Berry Picker" will be delivered on a flat-bed truck. Dr. Harken also mentioned that the Arts Council's September 17 event at CenterPlace, which will include an auction and dinner, will have some of the best art ever produced in this town; adding that the Arts Council put on the MAC event last year and raised $70,000, which was then donated to the MAC making that the largest money making event for the MAC. 2. City Sign Plan—Mike Stone Parks and Recreation Director Stone and landscape architect Mike Terrell went through the PowerPoint presentation explaining the various options for an entrance sign; said they are seeking council feedback on these options, such as whether to include the words "welcome to" our city. Several councilmembers indicated their preference to include those words so the entire sign would read: "Welcome to the City of Spokane Valley." There was some discussion about which signs Council preferred, with some councilmembers preferring option 2, and others preferring option 3 using river rock; and Mr. Terrell mentioning that option 1 is the most expensive, but that cost would vary depending on the size and materials. Several councilmembers also suggested putting these options on the city's website to solicit public preference; and that although it would not be a scientific survey, council could get an idea of Council Study Session Minutes July 19,2011 Page 1 of 6 Approved by Council: DRAFT public preference. Mr. Stone also suggested approaching service clubs to see if they would like to participate by adopting a site and/or planting annuals; and council concurred with that suggestion. There was also mention that especially gateway signs would need to be visible by traffic passing at approximate speeds of thirty-five miles per hour; and Mr. Terrell said it would be possible to do some preliminary work in the field. 3. Shoreline Goals and Policies—Lori Barlow Planner Barlow explained that she is the project planner for the shoreline master program update; and tonight's purpose is to introduce the proposed draft Goals and Policies for the Shoreline Master Program Update; she explained that built into the process is an upcoming opportunity to spend time to focus in detail on those goals and policies, whereas tonight is just to serve as an introduction of those goals and policies, and to go over the background and answer council questions. Planner Barlow went through her PowerPoint presentation and explained that this draft was done in collaboration with the Shoreline Advisory Group, which was established as part of the public participation plan to assure that those draft goals and policies would be representative of the community's input; she said members of the group were invited to participate with the goal of having balanced community interest as it relates to the shorelines; she said the group consisted of volunteers and the group had no decision making authority, but was formed to assist staff with the goals and policies; and she extended thanks to those volunteers for their time and assistance. Planner Barlow also indicated that the initial draft was developed by staff based on the RCWs (Revised Code of Washington) and the WACs (Washington Administrative Code). As a reminder, Ms. Barlow noted that SMA (Shoreline Management Act) requires that specific elements be addressed, and we also elected to address three optional elements; and said we are required to create development regulations consistent with our Comprehensive Plan. Planner Barlow said that flexibility comes in how the policies are addressed, and said the policies focus on encouraging, promoting, and allowing a variety of uses within the shoreline area, while balancing the directives of SMA to protect, preserve,and restore fragile and unique shoreline areas,and to ensure no net loss of ecological functions. Councilmember Grassel asked about the process and when Council has the opportunity to discus those regulations, and Planner Barlow responded that this document identifies the development regulations which will establish appropriate buffers and setbacks, but that it doesn't give particular parameters; she said that council provides the directive for those actions depending on those physical conditions; and that council's opportunity act on this document will come in the process after the Planning Commission has conducted a public hearing; and said they anticipate a joint Planning Commission/Council meeting in August or September, and at that joint meeting, we can go through the draft goals and policies to whatever degree both entities desire, either generally or line-by-line; and said council would not be asked to take action until after the public open house, and after the Planning Commission public hearing; than this will come to council with a request to accept or modify; and again said tonight is strictly informational. Planner Barlow explained that there are policy documents in place which identify recommended buffers and setbacks based on certain criteria, and that we are required to comply with a document that is identified by the DOE (Department of Ecology); she said we don't have that expertise in-house so we hired URS Corporation to assist in those development regulations to make sure we are correctly interpreting those documents; and said once the development regulations are in place,we'll look at those specific regulations,but explained we are not yet at that level of detail. Councilmember Woodard expressed concern about some of the verbiage and Planner Barlow assured council that the system is designed so council has the final authority to make changes;that they broke down the process so that each piece can be addressed prior to moving to the next piece, as otherwise, looking at the pieces as one document would be overwhelming. She said this document is intended to represent the grassroots of the community, which was started by going to the community first, then moving to the elected officials; that the essence of the Act is to find out the community needs, then move through the public review system and process and then to council for final decisions; and reiterated that this is not "locked" into any particular language,but that any change in verbiage would need to make sure we have what is required. Council Study Session Minutes July 19,2011 Page 2 of 6 Approved by Council: DRAFT City Manager Jackson said that Council will have a joint meeting with the Planning Commission in order to share and convey thoughts; that the established process is to get the viewpoints of the public, the Planning Commission and the Shoreline Advisory Committee so Council has that information in order to make the ultimate final decision; and he brought council attention to page five of the memo in the council packet which explained the "next steps." Mayor Towey acknowledged that the final authority to accept or reject this is the State and Ms. Barlow concurred that we have two adoption processes: the local and then the State where they will review it to determine if we are consistent with the policies of the Shoreline Management Act; and any inconsistencies will go through a process to resolve those. Councilmember Grassel mentioned a letter she received today from a member of the SAG which has some points of concern; and Mr. Jackson said that letter just came in late today so we need to time to review the information before making a decision on how to proceed; and that he would ask that we come back to council with additional information after legal has had an opportunity to review the letter;but for now,he said the SAG has collectively made a decision, and feels we can recognize that there was acceptance at that level, adding that there is always opportunity for additional information to come in and as it does, it becomes part of the record and part of future consideration of the Planning Commission and Council. Councilmember Grassel said there is confusion about the process and asked for a more specific timeline with clarification of the next steps; and Mr. Jackson agreed that staff can make that available. There was further discussion about all the development regulations and how they tie in with the general goals; Ms. Barlow stated that as we move through this process, the consultant will provide recommendations on which development regulations should be included, and said she feels we are headed in the right direction to make sure we comply with the Shoreline Management Act; that the issues stated in the letter are nothing unusual,and said staff will work to make sure all issues are addressed. Planner Barlow explained that as the development of the goals and policies are technical in nature, staff is the lead for those;that we have contracted with URS Corporation to develop the development regulations consistent with the goals and policies; but they can't start until the draft has been accepted; and again stated that the process is to take the draft to the public, for Council to have a joint study session with the Planning Commission,then schedule a public hearing with the Planning Commission, and then to council for acceptance; and said although we have until December of 2013,our goal is the summer of 2013. 4.Indiana Avenue Speed Limits—Inga Note Traffic Engineer Note explained that upon incorporation, our city adopted the speed limits established by Spokane County; and tonight's topic deals with the adopted speed limit of Indiana Avenue and its extension Mission Parkway and Indiana Parkway, from Sullivan Road to Flora Road. She further explained that both Indiana west of Sullivan and Mission Avenue east of Flora are posted at 35 mph; and because drivers are travelling at 35 mph approaching this segment of Indiana, it is recommended that the segment be posted at 35 to create continuity and to prevent driver confusion. In response to council question of why 35 instead of any other speed, Ms. Note replied that the Manual on Uniform Traffic Control Devises states that a speed zone should be within five mph of the 85th percentile speed of free- flowing traffic, and this meets those criteria. Further, she said they conducted some speed studies at the posted 25 mph,and that the 85th percentile speed is 35;and said with posting the speed at 25,people don't follow it as likely they recognize it was intended to be an arterial with five lanes with open streets,no on- street parking,very little driveways,and said 35 is consistent with the speed study. There was further discussion about speeds in other areas, and Mr. Kersten mentioned people travel about 11 mph when they come into the new roundabout at Flora;that when a school is built they can look at that becoming a school zone. Mr.Kersten also mentioned that the city is set up so that generally roads are 25 unless otherwise noted; all arterials are 35; and schools are 25; and he said some arterials are very residential and there are many little spots where the speeds are different, but in general, the limit is 25 in residential, and 35 on arterials, but said there are some exceptions. Ms. Note said she looked for documentation on why the speed on the east side of Pines is different from the speed on the west side,but Council Study Session Minutes July 19,2011 Page 3 of 6 Approved by Council: DRAFT needs to research further;but on Mission there were changes as part of that was originally 30 mph in front of the hospital, with 35 around Vercler, then back to 30 where the road narrows; and said there were issues with the inconsistency so in 1998 the County made it all 30 mph.Mr. Kersten mentioned that when they do the new upgrade on Mission they plan to have an involved public process on those designs. There were no objections to continuing with the changes as proposed,and to have staff bring this back for council approval next week. Mayor Towey called for a recess at 7:35 p.m. and resumed the meeting at approximately 7:45 p.m. 5.Bike Lane Striping Project—Neil Kersten Public Works Director Kersten explained and showed on the map,where the proposed bike lane stripping would occur; he said these are small projects, all within the City Manager's authority and with council consensus will move ahead and get it stripped before school starts this fall. Ms. Note added that the painting material is more expensive than paint, but should last for several years; and Mr. Kersten suggested the painting would last eight years or more. Mr. Kersten said this proposal was previously approved and they are scheduled to move ahead shortly; and it will be identical to that project on Broadway east of Pines. 6.Transportation Improvement Board(TIB)2011 Call for Projects—Steve Worley Senior Engineer Worley explained that the material contains a preliminary list of possible grant applications in response to a 2011 call for projects put out by the TIB, and via his PowerPoint presentation,gave an overview of the TIB call for projects. Councilmember Hafner said he would like all the other information on what the points means and the accompanying criteria, and Mr. Kersten said if Council would like staff to come back again for another administrative report, he will bring some of that detail including the scenarios staff uses to try to score as high as possible. There was also some discussion about keeping the bike paths clear of gravel. Councilmember Grassel asked about the design funding and Mr. Kersten said they have the design money and once any issues are resolved, they can apply for the construction funds, but that they can't apply for construction funds without the design being completed; and said the applications are due August 31. Mr. Kersten also mentioned that a lot of these projects deal with street preservation as well and Mr. Worley gave Bowdish and Park as examples of partial preservation projects, and as an example, said that partial means the roads currently exist as two lanes, and they make an old road wider. 7.Bike and Pedestrian Master Program—Mike Basinger Senior Planner Basinger introduced Engineer Tech Mary May, and explained that Ms. May wrote most of the text in Chapter 11; he said the consultant is here tonight, as well as Traffic Engineer Note to answer questions if needed; and said they all worked collaboratively to put this plan together. As noted in his PowerPoint presentation,Mr.Basinger gave an overview of the plan and the vision statements of the plan, and stressed that this is not just a bike plan,but is a bike and pedestrian plan;he said that the policies and goals help give structure to do more work with elderly and senior centers, and Ms. May added that most retirement facilities are located on major arterials where sidewalks and bus shuttles already exist. Mr. Basinger explained the idea of bike boulevards and controlled intersections, and said staff believes the plan accomplishes the community's vision, is affordable, reasonable, represents the community's needs, and provides tools for implementation to ensure the facilities are safe and appropriate; and said this is one way to create a quality, sustained community. At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed, to extend the meeting for 25 minutes. Councilmember Woodard said it appears there are two different issues, one of which is a pedestrian plan like sidewalks which has a higher priority than a bike path, he mentioned the need to preserve the roads, Council Study Session Minutes July 19,2011 Page 4 of 6 Approved by Council: DRAFT and said he is concerned this becomes a mandate, which gives us other fmancial issues to address. Planner Basinger replied that people are concerned about where we are going to spend our money; that funding for these types of projects to get the bike lanes, comes through grant money, as well as re- surfacing the roads through preservation money; he said it is an important message to share that we are not strapping anyone with this position,that it is not a mandate as it all must be reviewed and approved by council; that there is nothing that states we will build a specific amount of bike lanes or shared use paths; that nothing forces us or binds us to this plan;but that there are programs being done we want to continue and partner with. Councilmember Hafner asked about bike boulevards, how they are controlled and how we inform people about them. Mr.Basinger replied that we would inform the public via our website, and signage at the area; he said bike boulevards are successful; he said he walks on Valleyway daily and sees cyclists using that road; and by designating these areas as bike boulevards, it helps bike riders get off the busier streets and onto safer routes with less competition with motorists. Councilmember Grassel stated she feels this is a great plan for Portland,Oregon;that our consultant came from Portland; but that she finds the plan is way over the top; she stressed we are not Portland; that maybe 1% of the population use the roads already and the bike lanes;that she is very concerned about the verbiage and feels the plan is extreme; and mentioned the requirement of placing bicycle parking. Mr. Basinger said that regulation currently exists, and Councilmember Grassel said she does not feel it is the role of the City to require bike parking; that our nation is crumbling under a huge debt; that this is an example of setting goals and policies without input by council; and said that if Council had been part of the process, that perhaps some of this could have been addressed earlier; that she feels we do not need to mandate things like a bike boulevard, and she needs more time to digest this plan and to go through the verbiage; and suggested postponing the August 9 hearing so that Council can have more time to review the plan. Councilmember Gothmann said that everyone owns the roads; said he wants to plan something for future citizens; that we need to see what's taking place in cities and more cities are moving toward bicycling; and mentioned there are also grants available for this; and said he doesn't feel we should reject these grants but rather set ourselves up so we can get them; that it doesn't mean we have to build bike lanes; but he would like to take that opportunity for his grandchildren and build a city for future generations. Councilmember Gothmann agreed it would be a good idea to go through this plan line by line, but to review it with the idea that it is a plan and if council gets the opportunity, council will implement the plan. Councilmember Hafner said the primary responsibility of this Council is to look at the safety and welfare of this community, and to make sure that whatever they do,that it takes care of the community. Planner Basinger responded that although the consultant is from Oregon, this is not a Portland, Oregon plan; he said they did a technical assessment for us and worked for those who told him they wanted these connections; adding that there are no policies that would constrain or bind us. Councilmember Grassel asked why not just put in bike lanes down Sprague or Sullivan; she said she went to a meeting and that's what she heard; but to require putting in parking or a bike boulevard or a whole street giving over to bikes, she said that would be for a true bicycling community and said she doesn't see that here; she said there are limited funds; that we're already getting grant money for sidewalks and bike lanes, so that can be done without putting this in our comprehensive plan. Mr. Basinger explained that this type of plan makes us very competitive for those grant funds; that this plan is not for the seasoned cyclists as they feel comfortable anywhere they ride, but this plan is more for those people who don't feel comfortable riding just anywhere; he added that the language for bike racks has already been in the County regulations and was a carryover to our city. Councilmembers stated they would like more time to discuss this and would therefore prefer to delay a first ordinance reading. At approximately 9:25 p.m., it was moved by Deputy Mayor Schimmels and seconded to extend the meeting for an additional fifteen minutes. In Favor: Mayor Towey, Deputy Mayor Schimmels, and Council Study Session Minutes July 19,2011 Page 5 of 6 Approved by Council: DRAFT Councilmembers Hafner, Grassel, Grafos and Gothmann. Opposed: Councilmember Woodard. Motion carried. Councilmember Grafos said the bike boulevards are simply existing streets, so nothing needs to be done other than to inform the public; and said he feels council needs to have more of a broad scope than just bike lanes as the population will increase in the next ten years and council needs to look at the balance for sidewalks and how to provide for those additional citizens. Mr. Jackson said the ordinance readings will be removed from the advance agenda, and staff will schedule another study session to further discuss this plan. 8.Advance Agenda—Mayor Towey Councilmember Woodard asked when Council might be hearing about the city manager spending authority, and Mr. Jackson pointed out that is scheduled for the August 15 meeting. Mayor Towey also mentioned the upcoming special meeting August 15 is needed to take care of necessary action for a ballot issue, and asked if there was any objection from Councilmembers to just having the special August 15 meeting and moving items on the Aug 16th meeting, to August 15,thereby only having one meeting that week. There were no objections. 10. Council check-in Mayor Towey invited everyone to the July 22 reception at CenterPlace to celebrate the signage of House Bill 1922 concerning the port of entry for cattle trucks. 11. City Manager Comments—Mike Jackson This agenda item was not addressed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:40 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Study Session Minutes July 19,2011 Page 6 of 6 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,July 26,2011 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,City Attorney Bill Gothmann,Councilmember Mark Calhoun,Finance Director Dean Grafos,Councilmember Rick VanLeuven,Police Chief Brenda Grassel,Councilmember Neil Kersten,Public Works Director Chuck Hafner,Councilmember Karen Kendal,Associate Planner Arne Woodard,Councilmember Steve Worley, Senior Engineer Inga Note,Traffic Engineer Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk INVOCATION: In the absence of a pastor,Councilmember Gothmann 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. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Towey said we are pleased to have with us tonight, students from the Knowledge School in Duhok, Iraq,and he welcomed the ten,fourth and fifth graders along with their interpreters and chaperons to the city; after which one of the students, through one of the adult interpreters, expressed thanks for being able to visit our country. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: no report. Councilmember Grassel: said she attended an ITA(International Trade Alliance)Board Meeting followed by a party on the patio; she said ITA works with businesses in the region to promote trade, and they help businesses that want to go into the global markets; and said they will have their annual recognition event in November. Deputy Mayor Schimmels: said he attended an STA(Spokane Transit Authority)Board workshop about a week ago; attended a board meeting last week where they voted for the trolley, said this issue will go for a public vote, and even though if passed it would be strictly downtown, said we will be asked to help pay for it;reported he also attended an SRTC(Spokane Regional Transportation Council)Board Meeting,and an Inland Pacific HUB Meeting at Post Falls last week regarding freight mobility. Councilmember Grafos: said he attended the Homebuilder's Association meeting where they discussed what we are doing as a city to move projects along and make sure our permitting process is friendly;went to a Chamber luncheon where the new CEO from Felts Field was the speaker; attended an SDS Real Estate Company meeting where they talked about the Site Selector System; went to the Growth Management Act Meeting; attended an Association of General Contractors meeting with representatives from companies such as Spokane Rock, and Central Pre-Mix and discussed roads, bridges and infrastructures; and went to an open house at CenterPlace with the City's lobbyist Ms. Taylor, in Council Regular Meeting 07-26-2011 Page 1 of 7 Approved by Council: DRAFT celebration of recently passed legislation that eliminated cattle trucks from going through city neighborhoods. Councilmember Gothmann: reported that he attended the Edgeclift Scope's 15th birthday, and said they have done a remarkable job in cleaning up their area physically and from crime; went to a solid waste meeting here at City Hall with Deputy Mayor Schimmels and staff where alternatives were discussed; attended the Port of Entry legislation celebration; went to a 9-1-1 Board Meeting where they continue working on consolidating dispatches for various entities in this area; attended a Board of Health Executive Committee meeting where fees for this coming year were discussed; and mentioned the award the Health Department received for their work in responding to local public health needs. Councilmember Woodard: explained he went to the Spokane Valley Business Association meeting where the County Assessor spoke; attended an ITA Reception downtown; and also attended the Port of Entry reception at CenterPlace. MAYOR'S REPORT: Mayor Towey reported that last week he went to the Convention and Visitor's Bureau meeting which included community leaders as well as stakeholders from various businesses, as they discussed how best to promote and enhance tourism in the region; said he spoke before the American Legion District's annual conference with over 400 delegates from around the state; had his monthly meeting with the Central Valley School Superintendent and Liberty Lake Mayor; attended a Senior Citizen fall prevention meeting; went to the Valley Chamber ribbon cutting ceremony; attended a County/City joint work session on collaborative physical strategies where both entities got together to ask questions about partnerships; went to the reception concerning the Port of Entry legislation; went to a Greater Spokane, Inc. meeting where they discussed economic development for the region and the recruiting of the Caterpillar Company. PUBLIC COMMENTS: Mayor Towey invited public comment. Dick Behm, 9405 East Sprague Avenue: said that Mr. Ross Kelly spoke here a few weeks ago about phase one of an initial traffic analysis; said Mr.Kelly used the traffic count on the area east of University, but Mr. Behm said that has no relationship to the Sprague Avenue one-way section west of University as those traffic counts are totally different; that Mr.Kelly used figures showing traffic counts in 1997,which was before Appleway was built and before the third lane of the freeway was put in, of 29,400 cars east of University; and said after Appleway was built and that third freeway lane added in 2003, the count dropped about 4,000 cars a day. Mr. Behm said our city records show the traffic at Fan, which is about center between Argonne and University and which is a more accurate relationship of what happened to the traffic in that area. Mr. Behm said that in 1999, there were 34,683 cars daily; after the freeway was enlarged and Appleway opened, that that section lost 20,000 cars daily, he said the traffic was gone and so were the businesses; he said the area west of Argonne wasn't hurt nearly as bad; he said council needs to consider this and use those numbers instead of those previously supplied; he said no one will invest in that area with that kind of low traffic count; and he distributed copies to council of a chart showing the traffic counts for various years;he said the count was 34,683 in 1999 and dropped to 14,800 in 2003; and today the present counts are about 15,100; he said it is the City's responsibility to create the areas of economic development that will attract businesses; not that the city has to pay for it,but needs to make it attractive and suitable for businesses to locate there; he said streets, infrastructure, and public safety are the city's responsibility; that council was elected to represent the people and make the decisions,and said Council can't throw that decision back to the people. Howard Herman, 117 N McDonald: spoke regarding the one-way versus two-way Sprague Avenue issue and mentioned an e-mail he previously sent; said he discovered we have a governmental problem regarding the one-way Sprague Avenue that we inherited from the County; that prior to Spokane Valley's incorporation the County decided to relieve the traffic on I-90 by developing this couplet to move traffic and said in doing that they either took into consideration or they ignored that Fire Station#1 would be put in a position where they couldn't deliver services it had intended to deliver and had delivered for years prior to the couplet; he said now we developed a two-tier system in the valley; these fire stations are strategically located to serve the population that surrounds them; the taxpayers feel they'll get equal Council Regular Meeting 07-26-2011 Page 2 of 7 Approved by Council: DRAFT service through that service area;but with the one-way west, he said the fire apparatus can't go east from the fire station on Sprague; they have to go west first; and to get to Sprague and University it consumes one minute and 20 seconds to get to the intersection of Sprague and University; he said he's outlined the implications involved in that in his brief to council; said people can develop heart damage or brain damage in four minutes and subtracting the one minute, 20 seconds doesn't leave much time; he said those who live east are penalized by that one-minute, 20 seconds where citizens to the west are not; he said sometimes there are reasons for a government to discriminate against a portion of its people,but only in the case where the governmental agency has a compelling public interest that overrides the rights of private citizens; he said the Board of County Commissioners thought it was a compelling public interest when they made their decision; but he said that interest no longer exists and hasn't ever since the freeway was widened; he said the compelling public interest is now gone and said this is a discrimination that should not exist; and said he sees this as a potential liability for the city; and said he agrees with Dick Behm that this proposition should not be solved by the public at large; he said the Fire Station is a public safety issue and ought not be relegated to popular vote;and said it is a job council was elected to do. Mary Pollard, 17216 E Baldwin Avenue: said you can't just look at this just as an intersection; there is the Centennial Trail with lots of recreational traffic,the couplet,a residential community; she said she can see the beginning of that couplet from the beginning of Flora; said it is insulting to think council would consider addressing that later; said there are many elderly on Mission, she spoke with the postmaster and there is a big problem with how these people will get across the street to get their mail with 35 mph traffic and said safety needs to be looked at; and said council can't vote on the couplet opening until Council looks at lowering the speed limit; she said roundabouts are safer for cars but not safer for people; and she asked that council lower the speed limit. 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 claim vouchers totaling$820,376.61 VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 07-07-2011 3583-3586;3600,3602,3603,23269-23275 $235,660.68 07-08-2011 23276-23306; 705110009 $332,258A8 07-08-2011 23307-23333 $81,603.64 07-15-2011 23334-23358 $111,308.48 07-19-2011 37604-3607 $59,545.33 GRAND TOTAL $820,376.61 b.Approval of Payroll for period ending July 15,2011: $269,066.04 c.Approval of Minutes of June 28,2011 Formal Council Meeting d. Approval of Minutes of July 5,2011 Study Session Format Council Meeting e. Approval of Minutes of July 12,2011 Formal Council Meeting Mayor Towey ask that Council note the revised page one of the July 12, 2011 minutes. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2.First Reading Proposed Ordinance 11-011 for CPA 02-11 (St.John Vianney)—Karen Kendall Having previously recused himself, Councilmember Woodard left the dias and the council chambers. It was then moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second reading. After City Clerk Bainbridge read the ordinance title,Attorney Connelly explained that the matter before Council is near the end of a lengthy public process involving the annual amendments to the Comprehensive Plan; said this is an ordinance which addresses the proposed comp plan amendment CPA 02-11; and he went over the history of the amendment, including that the Planning Commission heard the matter at a public hearing, after which they recommend not to approve the amendment;he said this came Council Regular Meeting 07-26-2011 Page 3 of 7 Approved by Council: DRAFT to Council with all the other comp plan amendments and was continued to see if a development agreement would minimize the impact; he said Council held a public hearing on the development agreement and said the ordinance incorporates the development agreement as a mitigating factor; he said the ordinance as written adopts the findings of the staff which were in favor of the amendment and differs from those fmdings of the Planning Commission, and said Council has the option to change any findings; and tonight's options are either to advance this ordinance to a second reading or not; and if not, the proposal would not proceed any further. Community Development Director McClung discussed the density of the property and the proposal and explained that the one property is already zoned multi-family and would allow twelve units on that acre; and for the property immediately to the north and owned by the Church, that is currently zoned for R3 single family and the maximum density permitted would be twelve on that lot alone, so they would be allowed to put six duplexes on that property;therefore the maximum density of the two properties without any rezone would be twenty-four units, which is a difference of sixteen from the forty the church is requesting. Director McClung further explained that with the re-zone,the multi-family lot doesn't change and the property to the north, if rezoned, would be allowed twenty units of multi-family on its own; and applying the density bonus for low income housing, they would be allowed a total of nineteen additional units; she said they are requesting forty which is the limit under the development agreement. Director McClung said a question previously arose concerning whether there is a need for senior housing; and she read a quote from an AWC (Association of Washington Cities) magazine: "You've Been Warned: a Tsunami's headed for Washington. This isn't another safety-first alert like the one in March that preceded foot-high swells along the Washington coast. Armed with, and alarmed by, the latest data on aging released by the U.S. Census Bureau in May, demographers are predicting a potentially cataclysmic surge in the senior population. And no city—not even dusty one-stoplight towns far east of the Cascades-will escape inundation." She also said that in Spokane County, 15% of the population is over 60, and about 8% of that qualified for low-income housing; that the population over 65 will increase 35% from 2000 to 2020; the average social security benefit allotted to an elderly person living alone will be 58-88% of what is needed to cover the basics; she said Spokane Valley has three HUD low-income senior housing sponsored projects with a total of 138 units; of those three projects, two have waiting lists and the third has two vacant units. Planner Kendall went over the remaining PowerPoint slides explaining the amendment, and clarified a statement made during the first reading regarding ownership of the right-of-way and Valleyway to the south of the indicated shaded area,an area she explained,on Valleyway that doesn't connect, she said it is privately owned and not owned by the City, although the City might require a right-of-way dedication at the time of future development. Mayor Towey apologized for his previous mis-statement. After further brief Council discussion concerning allowed densities, Mayor Towey invited public comment. The following individuals spoke against the proposal: (1) Attorney Mark Vovos, 1309 W. Dean, Spokane, who said he represents one hundred families against this proposal; (2) Sandy Holder, 9814 E.Valleyway; (3) Dave Fode, 124 N Walnut Road; (4) Gary Graupner, 10219 E. Valleyway; (5) Pat Martin, 607 N. Herald; (6) Linda Lehman, 9920 E. Broadway; (7) Mary Pollard, 17216 E. Baldwin Avenue; (8) Levi Strauss, 302 N Walnut Road; (9) Kiondra Bullock, 2514 N Perry; (10) Michael Lehman, 9920 E. Broadway; (11) Christina Fode 124 N Walnut Road; (12) Judy Rapp, 10401 E. Valleyway; (13) Chris Carr, 223 Walnut Road; (14) Tim Bieber, 312 N Farr; (15) Karen Strauss, 302 N Walnut Road; and (16) Shelly Stevens, 312 N Walnut Road. The following individuals spoke in favor of the proposal: (1) Rob McCann, 12 W. 5th Spokane; Director of Catholic Charities;(2)Ann Martin,Architect for the project; and (3)Marie Raschko-Sokol,Chair of the Pastoral Council at St. John Vianney. There were no further public comments. Mayor Towey called for a recess at 7:53 p.m. and reconvened the meeting at approximately 8:00 p.m. After council comments, Mayor Towey asked if this process is legal and Attorney Connelly explained it is;Mr. Connelly said the position of the City is what we are doing is legal and consistent with statute, this amendment proposal was filed prior to November 1 as part of the amendment process, it was considered under SEPA (State Environmental Protection Act), and routed to the Planning Commission with all the other amendments; and said we feel the process is appropriate. Vote by acclamation to Council Regular Meeting 07-26-2011 Page 4 of 7 Approved by Council: DRAFT advance the ordinance to a second reading: In Favor: Deputy Mayor Schimmels. Opposed: Mayor Towey, and Councilmembers Hafner, Grassel, Grafos, Woodard and Gothmann. Motion failed. 3.First Reading Proposed Ordinance 11-013,CPA 02-11,Zoning Map—Karen Kendall Attorney Connelly explained since the motion to advance the previous ordinance failed, there is no need to address this ordinance as it is a companion ordinance to address the zoning. Councilmember Woodard returned to the dias. 4. Proposed Resolution 11-006 Amending Speed Limits—Inga Note It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 11-006, which changes the speed limit of Indiana Avenue from Sullivan Road to Flora Road to 35 mph, and establishes a 35 mph speed limit on Indiana Parkway and Mission Parkway. Traffic Engineer Note said to update council on this project since her presentation last week, it is expected the road will be open to travel in a couple weeks barring no problems with the construction; said she realizes there have been some concerns about the speed limit on Mission further east,and said we can always come back and evaluate that separately; it has a completely different character then the part of the roadway they are addressing tonight. Ms. Note said that if adopted, it would be 35 mph from Sullivan to Barker; the roundabout speed is advisory and will be posted at 20 mph. There was council/staff questions and discussion concerning several options to change the speed limit; and Ms. Note recommending the change in order to be consistent, and not confusing in dropping from 35 to 30,then back to 35; and said if Council would like, she can come back to evaluate the speed on Mission further east of Flora; that staff could include that area and do a speed study to see if it would be appropriate to drop to 30 mph; but reiterated she feels it would be confusing for drivers to go back and forth between speeds. Mayor Towey invited public comment, and Mary Pollard, 17216 E. Baldwin Avenue, said she is chair of the East Greenacres Neighborhood, and feels this discussion is frustrating, and that the couplet should be 30; she agrees with Mr. Gothmann that the speed limit should be consistent; they want the couplet and the area east of the roundabout to be 25 or 30; she said this has geographic problems that other areas don't have; and we can't promise that no driver will hit a child. There was discussion on the issue of safety and of increasing traffic in an area with a new park and where a school will eventually be built; along with other council discussion about the need to be consistent. Vote by Acclamation to approve Resolution 11-006: In Favor:Deputy Mayor Schimmels and Councilmembers Gothmann and Grassel. Opposed: Mayor Towey and Councilmembers Hafner, Grafos, and Woodard. Motion failed. At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed, to extend the meeting for thirty minutes. 5.Motion Consideration: Railroad Quiet Zone—Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or designee to finalize and execute a contract with David Evans and Associates for approximately $82,551 to proceed with their scope of work to identify the improvements,policies and strategies needed to accomplish quiet zone implementation. Traffic Engineer Note went over the background of this proposal as explained previously. Council/staff discussion included mention of the cost estimates and that they could be as much as one-half million dollars; that the entire process could take as long as five years and one to one and one-half years just to acquire the approval to proceed; mention that a citizen commented previously that they felt the railroad has softened the situation and perhaps this would not be necessary,with mention from Ms. Note that she has not heard that or similar comments, and a reminder from Ms. Note that regardless of acquiring a "quiet zone" the railroad would still be required to blow their whistles. It was moved by Councilmember Gothmann, seconded and unanimously approved to table this issue until more information can be obtained. Ms. Note said staff will do additional research in an effort to determine whether the areas can be monitored for compliance, and if possible determine if citizens feel the situation has improved. Council Regular Meeting 07-26-2011 Page 5 of 7 Approved by Council: DRAFT PUBLIC COMMENTS: Mayor Towey invited public comment. Mary Pollard: 17216 E Baldwin Avenue: ask to put into business that the speed limit would be addressed between Flora and Barker; she said they can't wait until Mission is re-constructed; that using TIB money to pay for the reconstruction is too little too late; that the speed limit will have to act as the common device; and she said she is not willing to wait for 35 mph and she feels this is an immediate problem to be addressed. 6. Draft Ballot Ordinance—Cary Driskell,Mike Jackson,Neil Kersten City Attorney Driskell explained the proposed draft ordinance, and stated that the $6.4 million dollar figure could change depending on what could go into the ballot; he said they are also waiting for further analysis and more refined study on traffic needs and any other unexpected needs on reversing the traffic; and said the bond cost could be added on to that at an estimated additional 2% of the cost of the bonding, and said as we move forward to a first reading, the language will be refined, and said staff is working to finalize those numbers as quickly as possible. Councilmember Woodard asked it the ballot language would include how much per$1,000 evaluation the taxpayer would pay, and Mr. Driskell said that is not in the ballot language. City Manager Jackson said we could provide that at the next meeting in time for the August 9 first reading. Mr. Jackson also noted he wanted to make sure Council is comfortable with the title and ballot language,and there were no objections from council. 7. I-90 Signage—Neil Kersten Per her Request for Council Action (RCA) form, Traffic Engineer Note went over the three options the city could consider for city-funded signage improvements; i.e. change eastbound exit 285 from reading "Sprague Avenue" to read "Appleway Blvd;" add the words "Appleway Blvd" to the eastbound exit 285 signage; or apply for a Sprague Avenue Business Route. In response to Mayor Towey's question of how the options would be funded, Ms.Note said that would be up to Council; and City Manager Jackson said there would be a fmancial impact as outlined in that RCA, and if council would like, staff can come back for any specific options or for a motion or to bring additional information, and he asked for council direction on options. Councilmembers Grassel and Woodard said they liked option 2,and Councilmember Grafos said he likes option 3 of the business route. Ms. Note explained that there are steps to take to qualify for a business route, including going through WSDOT (Washington State Department of Transportation) in Olympia, and through the Federal Highway Administration, as well as other steps; she mentioned the possibility of combining the two options, but that she would need to check with WSDOT to make sure we could put all the words on a single sign. Councilmember Hafner said he would like more of an explanation on the process and how long it would take and what we would need to do, and it was decided to come back with a future discussion on signage, including where on the east end to place such sign. 8.Finance Monthly Report—Mark Calhoun Finance Director Calhoun went over the layout and charts shown in the monthly report, as well as the investments, the sales tax receipts monthly comparisons, and yearly figures form sales tax collections, hotel/motel tax receipts, and capital projects fund figures. Council expressed their appreciation to Mr. Calhoun for his report. At approximately 9:30, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting for another 15 minutes, or until l 9:45 p.m. 9.Advance Agenda—Mayor Towey City Manager Jackson announced that Community Development Director Kathy McClung is retiring at the end of the month, and he commended her for her work over the last four years; and then announced that City Engineer John Hohman has been appointed as the new Community Development Director. Mr. Jackson gave some background on Mr. Hohman and some of his accomplishments, which was followed by members of Council extending their congratulations to Mr. Hohman. Mr. Jackson added that Mr. Hohman will be reporting to council in a few weeks to outline some of his ideas. Councilmember Gothmann said he wanted to make a correction about a memo he sent out concerning cities that had changed streets from one-way to two-ways, and said there were only six conversions to one-way and at the time, two were still being considered; and that his initial intent was to find out what businesses Council Regular Meeting 07-26-2011 Page 6 of 7 Approved by Council: DRAFT thought about the one-way or two-way streets. Councilmember Woodard said for advance agenda items, he would like to hear more about the Barker speeds, and the Sullivan Bridge. Councilmember Grassel said she would like to discuss speed limits in general as she feels 25 miles is in opposition of what they are trying to accomplish, and would also like to discuss the section of the City's code concerning requiring new development businesses to install bike parking. Information Only items of(10) department reports,(11)Library District Quarterly Report; and(12)Fire Department Quarterly Report were not discussed or reported. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:45 p.m. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Regular Meeting 07-26-2011 Page 7 of 7 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 11-011 Approving Ballot Measure — Sprague/Appleway Two-way GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: July 12, 2011, Council approved a motion to authorize the City Manager to prepare an ordinance and resolution for Council consideration to place the one-way versus two-way Sprague/Appleway issue on the November 8, 2011 ballot; and agreed to move forward with part two of the traffic study relating to potential conversion of Sprague and Appleway from one-way to two-way traffic between Dishman/Argonne and University Roads, with anticipated traffic impacts. On July 26, staff presented a draft ordinance to Council. BACKGROUND: The City Council requested on July 12, 2011 that staff develop the second half of the traffic study for converting Sprague Avenue and Appleway Boulevard from one-way to two-way between Dishman/Argonne Roads and University Road. This second half of the study would focus on a more refined and detailed analysis than what was provided to the Council by HDR Consulting on July 12. The Council requested that staff provide a proposed ordinance for setting a ballot measure that establishes a public vote on conversion of Sprague and Appleway back to two-way between Dishman/Argonne Roads and University Road. Staff worked with City bond counsel, Orrick, Herrington & Sutcliffe, LLP, to draft an appropriate ordinance. The proposed election date would be November 8, 2011. The amount of the bonds proposed to finance the improvements is currently estimated at $6,400,000, which would pay for conversion to two-way, road, drainage, sidewalk, bike and pedestrian and landscaping improvements. The cost may increase based on modifications identified in the second half of the traffic study. Additionally, the bonds would cost an additional 2% over and above the final amount of the improvements. This information will be available on August 15, 2011. The second reading is scheduled for a Special Meeting on August 15, 2011. OPTIONS: Discuss the draft Ordinance and propose revisions as per Council discretion. RECOMMENDED ACTION OR MOTION: I move that we advance Ordinance 11-011 to a second reading on August 15, 2011. BUDGET/FINANCIAL IMPACTS: Estimated $85,000 for traffic study; estimated $25,000 to put on ballot; estimated $6,400,000 for improvements approved by voters, plus bond costs. STAFF CONTACT: Cary Driskell, City Attorney; Neil Kersten, Public Works Director; Mike Jackson, City Manager ATTACHMENTS: 1. Spreadsheet showing anticipated cost impact to homeowners 2. Draft Ordinance 11-011 setting ballot measure for November 8, 2011 P:\Clerk\AgendaPackets for Web\agendapacket 08-09-11\Item 2 Ballot Estimated Tax Levy at 2011 07 13 CITY OF SPOKANE VALLEY, WA 8/1/2011 Estimated Impact on City Property Taxes as a Result of a Voted Bond Issue Net bond proceeds needed $6,400,000 Bond issue costs $128,000 Assumed at 2% of bond issue Bond issue amount $6,528,000 Repayment period (yrs.) 20 Assessed value $7,140,947,644 Value is per the Spokane County Assessor's 2010 assessment for 2011 property taxes. Levy Rate Annual Impact on Property Taxes per$1,000 Assessed $100,000 $150,000 $200,000 Value Home Home Home Annual Interest Rate 4.00% Annual Bond Payment $ 480,342 $ 0.067 $6.70 $10.05 $13.40 Annual Interest Rate 4.50% Annual Bond Payment $ 501,847 $ 0.070 $7.00 $10.50 $14.00 Annual Interest Rate 5.00% Annual Bond Payment $ 523,824 $ 0.073 $7.30 $10.95 $14.60 Annual Interest Rate 5.50% Annual Bond Payment $ 546,259 $ 0.076 $7.60 $11.40 $15.20 Annual Interest Rate 6.00% Annual Bond Payment $ 569,141 $ 0.080 $8.00 $12.00 $16.00 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON PROVIDING FOR THE SUBMISSION OF A BALLOT PROPOSITION TO THE QUALIFIED ELECTORS OF THE CITY FOR THE PURPOSE OF INCURRING UNLIMITED TAX GENERAL OBLIGATION BONDED INDEBTEDNESS, IN ONE OR MORE SERIES, IN AN AGGREGATE PRINCIPAL AMOUNT NOT EXCEEDING$***TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD; TO MAKE STREET, STORMWATER AND LANDSCAPING IMPROVEMENTS, ENHANCE BICYCLE AND PEDESTRIAN ACCESS, AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT; TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS; AND PROVIDING FOR OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley, Washington (the "City"), consistent with its Comprehensive Plan and the Growth Management Act, proposes to undertake the construction of improvements necessary to change portions of Sprague Avenue and Appleway Boulevard from one- way streets to two-way streets and to finance all costs related thereto including, but not limited to, repaving, signalization, striping, curbing, signage installation, enhanced bicycle and pedestrian access,stormwater facilities,landscaping;necessary architectural,engineering and other consulting services,inspection and testing,administrative and relocation expenses,on and off-site utilities and other related improvements and costs (collectively, the "Improvements") for the purpose of promoting economic development and community enhancement; and WHEREAS, to provide all or a part of the funds sufficient to make the Improvements and pay costs of issuance,it is deemed necessary and advisable that the City issue and sell unlimited tax general obligation bonds,in one or more series,in an aggregate principal amount not to exceed$*** (the "Bonds"); and WHEREAS,the Constitution and laws of the State of Washington require that an election be called for the submission of a proposition to the qualified voters within the City prior to incurring unlimited tax general obligation bonded indebtedness; and WHEREAS,the City will notify the Auditor of Spokane County,Washington,in compliance with RCW 29A.04.330, as amended, of its intention to hold a special election on Tuesday, November 8, 2011 to submit the proposition of the issuance of unlimited tax general obligation bonds to the qualified electors of the City for their ratification or rejection; and WHEREAS,the City anticipates incurring expenditures(the"Expenditures")to finance the costs of the Improvements prior to the issuance of the Bonds and wishes to declare its official intent to reimburse itself for any Expenditures it may make from its general funds on the Improvements, Ordinance No. 11-011 —Page 1 DRAFT from the proceeds of the Bonds or other debt obligations, the interest on which shall be excluded from gross income under Section 103 of the Internal Revenue Code of 1986, as amended (the "Code"). NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY DO ORDAIN as follows: Section 1. The City Council(the"Council")hereby determines that the best interests of the residents and property owners of the City require the City to carry out the plans hereinafter provided at the time or times and in the order deemed most necessary and advisable by the Council. Section 2. The City shall undertake the Improvements necessary to change portions of Sprague Avenue and Appleway Boulevard from one-way streets to two-way streets, more specifically described as follows: (a) Sprague Avenue will be converted from a one-way street to a two-way street from Argonne Road eastward to University Road; and (b) Appleway Boulevard will be converted from a one-way street to a two-way street from Argonne Road/Dishman Mica Road eastward to University Road. The costs related to the Improvements including, but not limited to, paving, signalization, striping,curbing,signage installation,enhanced bicycle and pedestrian access,stormwater facilities, landscaping, necessary architectural, engineering and other consulting services, inspection and testing, administrative and relocation expenses, on and off-site utilities and other related improvements and costs shall be deemed a part of the costs of the Improvements for the purpose of economic development and community enhancement. If available funds are sufficient from the proceeds of the Bonds authorized for the above purposes,and state or local circumstances require,the City shall use such funds to pay the principal of or interest on the Bonds, as the Council may determine. The City shall determine the application of available moneys so as to accomplish,as nearly as may be possible, all of the Improvements. The City shall determine the exact extent and specifications for the construction of structures or other improvements. If the Council shall determine that it has become impractical to accomplish any portion of the Improvements by reason of state or local circumstances,including changed conditions,incompatible development, or costs substantially in excess of those estimated, the City shall not be required to accomplish such portions of the Improvements and may apply the Bond proceeds or any portion thereof, to the payment of principal of or interest on the Bonds, as the Council may determine. Ordinance No. 11-011 —Page 2 DRAFT In the event that the proceeds of sales of the Bonds,plus any other moneys of the City legally available, are insufficient to accomplish all of the Improvements, the City shall use the available funds for paying the cost of those portions of the Improvements for which the Bonds were approved that are deemed by the Council as most necessary and in the best interests of the City. Section 3. For the purpose of providing all or a part of the funds necessary to pay the cost of the Improvements described in Section 2 above and/or to reimburse the City for such costs to the extent that City funds have been used for such purposes, together with incidental costs and costs related to the sale and issuance of the Bonds, the City shall issue and sell its unlimited tax general obligation bonds in the principal amount of not to exceed $***. The balance of the cost of the Improvements shall be paid out of any money which the City now has or may later have on hand which are legally available for such purposes. None of the Bond proceeds shall be used for any purpose other than a capital purpose relating to the Improvements. The Bonds shall be issued in an amount not exceeding the amount approved by the qualified electors of the City as required by the Constitution and laws of the State of Washington or exceeding the amount permitted by the Constitution and laws of the State of Washington. Section 4. The Bonds shall be sold in such amounts and at such time or times as deemed necessary and advisable by the Council and as permitted by law, shall bear interest at a rate or rates not to exceed the maximum rate permitted by law at the time the Bonds are sold,and shall mature in such amounts and at such times within a maximum term of not to exceed 20 years from date of issue, but may mature at an earlier date or dates,as authorized by this Council and as provided by law. The Bonds shall be an unlimited tax general obligation of the City and,unless paid from other sources, both principal thereof and interest thereon shall be payable out of annual tax levies to be made upon all of the taxable property within the City without limitation as to rate or amount and in excess of any constitutional or statutory tax limitations. The exact date, form, terms and maturities of the Bonds shall be hereafter determined by the Council. After voter approval of the Bonds and in anticipation of the issuance of the Bonds,the City may issue short-term obligations as authorized and provided by chapter 39.50 RCW. The proceeds of the Bonds may be used to redeem and retire the short-term obligations or to reimburse the City for expenditures previously made for the Improvements. Section 5. It is hereby found and declared that submission to the qualified electors of the City of the proposition of whether the City shall issue the Bonds at a special election to be held Tuesday, November 8, 2011 is in the best interest of the City. The Spokane County Auditor as ex officio supervisor of elections in Spokane County,Washington is hereby requested to call and conduct the special election to be held within the City on said date and to submit to the qualified electors of the City, the proposition set forth below. The Clerk of the City is hereby authorized and directed to certify the proposition to the Spokane County Auditor in the following form: Ordinance No. 11-011 —Page 3 DRAFT PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO$***IN GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD; TO MAKE STREET, STORMWATER AND LANDSCAPING IMPROVEMENTS,ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT;AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJECTED? ❑ The City Clerk or designee is hereby authorized to deliver a certified copy of this Ordinance to the Spokane County Auditor at least 84 days prior to the special election date. Section 6. The election will be conducted pursuant to the voting procedures applicable to Spokane County and shall be administered by the Spokane County Auditor,as ex officio Supervisor of Elections for the City. Section 7. If one or more provisions of this Ordinance shall be declared by any court of competent jurisdiction to be contrary to law,then such provision shall be null and void,and shall be deemed separable from the remaining provisions of this Ordinance, and shall in no way affect the validity of the other provisions of this Ordinance. Section 8. The City hereby declares its official intent to reimburse itself with the proceeds of the Bonds for any of the Expenditures incurred by it prior to the issuance of the Bonds. Section 9. The City's Bond Counsel, Orrick, Herrington & Sutcliffe LLP, is appointed as Bond Counsel for the Bonds. APPROVED by the City Council of the City of Spokane Valley, Washington, at a special meeting thereof held the 15th day of August,2011,after first reading of this Ordinance on August 9, 2011. Ordinance No. 11-011 —Page 4 DRAFT CITY OF SPOKANE VALLEY,WASHINGTON By: Thomas E. Towey, Mayor ATTEST By: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance No. 11-011 —Page 5 DRAFT CERTIFICATE I, the undersigned, City Clerk of the City of Spokane Valley,Washington(the"City"), and keeper of the records of the City Council (the"Council"), DO HEREBY CERTIFY: 1. That the attached Ordinance is a true and correct copy of Ordinance No. 11-011 of the City(the"Ordinance"),duly approved at a special meeting of the Council held on August 15,2011. 2. That the meeting was duly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a legal quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of the Ordinance;that all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled,carried out and otherwise observed; and that I am authorized to execute this Certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 15`h day of August, 2011. By: City Clerk DRAFT OFFICIAL BALLOT CITY OF SPOKANE VALLEY,WASHINGTON NOVEMBER 8, 2011 INSTRUCTIONS TO VOTERS: To vote in favor of the following proposition,place a cross(X)in the square opposite the word"APPROVED;"to vote against the following proposition,place a cross (X) in the square opposite the word"REJECTED." PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO$***IN GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD; TO MAKE STREET, STORMWATER AND LANDSCAPING IMPROVEMENTS,ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT;AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJEC TED? ❑ DRAFT OFFICE OF THE SPOKANE COUNTY AUDITOR WHEREAS, the undersigned as the duly elected, qualified and acting Spokane County Auditor,has jurisdiction of and is required by law to conduct all special elections for cities within the County; and WHEREAS, the City of Spokane Valley, Washington (the "City") lies entirely within the boundaries of the County; and WHEREAS, the City Council of the City by Ordinance adopted Ordinance No. 11-011 a certified copy of which has been delivered to the undersigned,has found that the best interests of the City require the holding of a special election on November 8, 2011; and WHEREAS,the City by Ordinance No. 11-011 has authorized and directed the undersigned to assume jurisdiction of and conduct the special election within Spokane County; NOW, THEREFORE, it is hereby authorized and ordered as follows: The undersigned hereby assumes jurisdiction within Spokane County of the above-mentioned special election of the City of Spokane Valley,Washington, authorized and ordered by Ordinance No. 11-011 of its City Council adopted August 15,2011 and will conduct the special election to be held on November 8, 2011. DATED at Spokane,Washington, this day of , 2011. Spokane County Auditor Spokane County, Washington DRAFT NOTICE CITY OF SPOKANE VALLEY,WASHINGTON NOVEMBER 8, 2011 NOTICE IS HEREBY GIVEN that on November 8, 2011 a special election will be held in the City of Spokane Valley,Washington(the"City")for the submission to the qualified electors of the City of the following proposition: PROPOSITION NO. 1 CITY OF SPOKANE VALLEY GENERAL OBLIGATION BONDS FOR STREET IMPROVEMENTS CITY COUNCIL ORDINANCE NO. 11-011 AUTHORIZES A PROPOSITION TO ISSUE UP TO$***IN GENERAL OBLIGATION BONDS TO FINANCE CONVERSION OF SPRAGUE AND APPLEWAY TO TWO-WAY STREETS BETWEEN ARGONNE/DISHMAN AND UNIVERSITY ROAD; TO MAKE STREET, STORMWATER AND LANDSCAPING IMPROVEMENTS,ENHANCE BICYCLE AND PEDESTRIAN ACCESS AND FOR OTHER RELATED IMPROVEMENTS FOR ECONOMIC DEVELOPMENT AND COMMUNITY ENHANCEMENT;AND TO LEVY EXCESS PROPERTY TAXES ANNUALLY TO REPAY THE BONDS WITHIN A MAXIMUM TERM OF 20 YEARS. SHOULD THIS PROPOSITION BE: APPROVED? ❑ REJECTED? ❑ This election shall be conducted by mail-in ballot, with ballots mailed to the qualified electors of the City. Ballots will be mailed out to qualified electors on or about , 2011 and must be post-marked on or before , 2011 to be counted. Spokane County Auditor Spokane County,Washington CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 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: Proposed Transportation Improvement Board Call for Projects (FY 2013) GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 28, 2011, Resolution #11-005 adopting the 2012-2017 Six Year Transportation Improvement Program (TIP); July 19, 2011, Admin Report on 2011 TIB Call for Projects. BACKGROUND: At their March 2011 Board meeting, the Washington State Transportation Improvement Board (TIB) issued a 2011 Call for Projects for allocation of Urban Corridor (UCP), Urban Arterial Program (UAP) and Urban Sidewalk Program (SP) funding. Anticipated funding levels are: 1. Urban Corridor Program: $8.4 Million for the East Region 2. Urban Arterial Program: $3.4 Million for the Northeast Region 3. Urban Sidewalk Program: $209,000 for the East Region. Project applications are due Wednesday, August 31St, 2011. At the June 24, 2011 TIB Board meeting, the Board approved a supplemental call, totaling up to $50 million, to be added to the normal November award. The supplemental call will include three funding opportunities; one of which Spokane Valley can apply for. Construction Ready Proiects must be ready to go to bid by March 19th, 2012 and notice to proceed must be issued and filed with TIB no later than May 18th, 2012. These projects will be scored and ranked using the normal urban or small city arterial criteria, but will compete only with other construction ready projects. Staff has evaluated the TIB grant criteria and worked to identify projects that will have the highest potential to be selected for funding. We have reviewed the adopted 2012-2017 Six Year Transportation Improvement Program (TIP), the Pavement Management Program, accident hot- spots and several other elements of the city's transportation network, and discussed proposed projects with TIB staff. Based on this review, staff recommends the following list of projects be approved for submitting to TIB for the 2011 Call for Projects. 1. Mission Avenue Improvements - Flora Rd to Barker Rd: This project will reconstruct the roadway with sidewalks, bike lanes and new stormwater facilities to accommodate the increased traffic from the new Indiana Ave Extension project and the rapid development in the North Greenacres and Liberty Lake neighborhoods. 2. Broadway Ave — Flora Rd. to Barker Road: This project would complete a new arterial connection between Flora Rd and Barker Road. This project reconstructs the roadway with sidewalks, bike lanes and new stormwater facilities. 3. Pines Road & 16th Ave. Intersection Safety Improvements: This project would provide restriping and signal improvements at the intersection of Pines Road and 16th Ave where they diverge from SR-27. The safety improvements are needed to address the high accident rate at the intersection. 4. Mansfield Ave Connection — 200-ft east of Houk to Pines Rd (SR27): This project completes a gap in Mansfield Ave between Mirabeau Parkway and Pines Rd (SR-27). The project was originally identified as part of the Pines-Mansfield Congestion Reduction Project, but was not constructed at the time due to lack of funds. 5. Broadway/Argonne/Mullan Concrete Intersections: This project would reconstruct the intersections of Argonne and Mullan roads at Broadway Ave in cement concrete pavement, upgrade the traffic signals, and provide safety improvements. 6. Sprague Avenue Reconstruction — Evergreen to Sullivan: This project will completely remove and replace the existing road surface, upgrade stormwater facilities, install conduit to continue the ITS (Intelligent Transportation System) network, upgrade the signal system at Adams, and remove the signal at Progress. 7. Sprague Avenue Sidewalk - Appleway to Long Rd: This project fills in a large gap in the sidewalk serving Greenacres Middle School and Greenacres Elementary School. 8. 4th Avenue Sidewalk — Sullivan to Conklin Rd: This project fills in several large gaps in the sidewalk connecting several large apartment complexes to Sullivan Road, Central Valley High School and the commercial district on Sprague and Sullivan. 9. Progress Road Sidewalk —Wellesley to Trent Ave.: This project provides sidewalk along a school walking route serving three East Valley School District Schools and the modified STA transit route #96 that will be implemented this fall. OPTIONS: 1) Approve the list of recommended projects for TIB grant applications as presented, 2) Revise the list of projects for TIB grant applications, or 3) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve the list of recommended projects for TIB grant applications as presented. BUDGET/FINANCIAL IMPACTS: The city's match on TIB funded projects is typically 20% of the total project cost. The federal grant funds previously received for the Mission Ave Improvement Project, Argonne/Mullan Concrete Intersection Project, and Mansfield Connection Project can count towards the 20% TIB match. Staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide the needed match for any projects selected for funding by TIB. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Neil Kersten, AIA— Public Works Director ATTACHMENTS: PowerPoint presentation 2011 TI B Call for Projects Project Reviews & Recommendations August 9, 2011 Agenda Review of 2011 TIB Program Review of Selection Criteria Typical Project Cost Estimate Typical & Non -Typical Project Funding Previously Proposed Projects List New TIB Funding Program - Construction Ready Last Year' s TIB Project Selections Local Match Increases / Examples Recommended List of Projects VA 2 2011 Target Program Sizes Urban Arterial Program UAP $ 30 Million East Puget Sound Southwest Puget Sound Southeast Northeast Urban Corridor Program $40 Million Sidewalk Program - SP West $ 1 ,0 Million 3 Overview > 2011 TIB Call for Projects •Urban Arterial Program (UAP) - $3.4m Northeast Region •Urban Corridor Program (UCP) - $8.4m East Region •Urban Sidewalk Program (SP) - $209,000 East Region > Applications due August 31 , 2011 UAP Program — 5 regions UCP & Sidewalk Programs — 3 regions I AM Puget Sound 4 Selection Criteria Criteria UCP UAP SP Safety 10 45 55 Mobility 30 20 Pavement Condition 15 Sustainability 15 15 10 Local Support 30 5 5 Growth & Development 15 Pedestrian Access 30 Total 100 100 100 UAP Selection Criteria Details Safety 45 points • Correctable Accidents 25 points max • Correctable Safety Hazards 20 points max • Access Control 5 points max • Eliminate Existing At-Grade Crossing 2 points Mobility • Capacity Improvement • Truck Route T- 1 to T-3 • Traffic Signal Interconnect • Network Development • Peak Hour Buses • Access Improvements 20 points 10 points max 3 points max 1 point 5 points max 3 points max 6 points max 6 UAP Selection Criteria Details Pavement Condition • Visual Inspection of Existing Pavement • New Route • Rehabilitation Project • Sidewalk Condition Sustainability • Adopted Greenhouse Gas Emissions Policy • Modal Measures • Energy Measures • Environmental Measures • Recycling Measures 1 5 points 15 points max 10 points 7 points 5 points max 1 5 points 3 points 15 points max 9 points max 7 points max 9 points max 7 Local Support • Local Match • Previously Completed Work 5 points 4 points max 3 points max 8 Additional UCP Selection Criteria Local Support 25 points • Local Match • City Funds - 1 pt/every 1 % match 5 points max • Private Funds - 1 pt/every 1 % private match 10 points max • Overmatch - 1 pt/every 2% above min. 10 points max • Construction Ready • PE & RW complete 5 points max Growth & Development 15 points • Central Business District (CBD) or Activity Center access 3 points max • Freight Facility access 3 points max • Employment Center square footage increase • Residential density increase • Annexation area 5 points max 5 points max 5 points max 9 Typical Project Cost Estimate Three Phases r't (Deiyn / Eiiviron) RW (Right of Way) CN (Construction) Project Cost Est. i_stimate CN cost Contingency Inflation Factor 10 - 1 5% for PE 5 - 10% for CE Estimate RW costs 45 CEMENT CONC.PEDESTRIAN CURB L.F. 560 $ 20.00 $ 11,200 46 47 CEMENT CONC./QUARRY SPALL SPILLWAY CEMENT CONCRETE DRIVEWAY APPROACH S.Y. S.Y. 950 $ 50.00 $ 35.00 $ - $ 33,250 48 FENCING-CHAIN LINK OR WOOD LH 1,000 $ 25.00 $ 25.000 49 CEMENT CONCRETE SIDEWALK S.Y. 6,500 $ 28.00 $ 182,000 50 CEMENT CONCRETE CURB RAMP TYPE A EACH 28 $ 1,200.00 $ 33,600 51 RAMP DETECTABLE WARNING RETROFIT EACH 4 $ 300.00 $ 1,200 52 REMOVE AND RESET MAILBOX EACH 30 $ 150.00 $ 4,500 53 TRAFFIC SIGNAL-LOOPS @ Barker LS_ 1 $ 15,000.00 $ 15,000 54 ILLUMINATION SYSTEM L.S. 1 $ 20,000.00 $ 20,000 55 SCHEDULE 40 CONDUIT PIPE 2 IN_DIAM. LH 5.300 $ 10.00 $ 53,000 56 PERMANENT SIGNING LS. 1 $ 6,000.00 $ 6,000 57 PLASTIC CROSSWALK LINE S.F. 500 $ 9.00 $ 4,500 58 PLASTIC TRAFFIC STRIPE L.F. 20,600 $ 2.00 $ 41,200 59 PLASTIC WIDE TRAFFIC STRIPE LF_ 10,300 $ 3.00 $ 30,900 60 PLASTIC TRAFFIC ARROW EACH 26 $ 115.00 $ 2,990 61 PLASTIC TRAFFIC STOP LINE LH 300 $ 12.00 $ 3,600 T MARKING L.F. 5,000 $ 0.50 $ 2,500 TOTAL CONSTRUCTION ESTIMATE 2,850,970 Contingency R25°l5 Inflation Adjustment Factor{4t5fyr} Construction Sub-Total PE-STP{U}Funded CE{1046} 2 years $ $ 715,243 228,878 avement.Section ewalk on both sides 46-ft distance curb to curb 3-lane road section with bike lanes,5,12,12,12,5 Total Estimated Project Cost PE ROW CN OTAL $ 517,700 $ 400,000 $ 4,185,600 $ 5,103,300 10 Typical Project Funding Total Project Cost Estimate Grant Funds Requested (80% - depending on grant) Local Match Required (20% - depending on grant) $ 5 , 103 , 300 $ 4 , 082 , 640 $ 1 , 020 , 660 Local Match can include : City funds Federal Grant funds H State Grant funds Private funds STA funds 11 Non -Typical Project Funding Project: Pines/Manfeld, Wilbur Rd to Pines 2005 Funding Sources PE IOW r na IOTA_ Funding Distribution Total Fund 303 'Fund 102 TIB STA Developers CMAQ 720,000 $ (22,308) $ - $ 193,081 $ — $ 16,000 $ 533,227 616,000 $ 66,421 $ - $ 037,279 $ — $ - $ 212,300 6,291 ,000 $ 1 ,1 46,400 $ 1 20,117 $ 1 ,763,201 $ 525,162 $ 528,938 $ 1 ,207,182 $6,627,000 $ 1 ,190,513 $ 1 20.117 $ 2,293,561 $ 525,162 $ 544,938 $ 1 ,952,709 Local Match Includes City Funds (REET & ASF) $ 1 , 310,630 STA Funds $ 525 , 162 Developer Funds $ 544,938 12 Proposed Project List UAP / UCP (in order of potential funding) Mission Ave Improvement - Flora to Barker Broadway Ave Connection - Flora to Barker Pines Rd / 16t" Ave Safety Improvement Mansfield Ave Connection - East of Pines Broadway/Argon ne / M ullan Concrete Inters . Bowdish Improvement - 8t" to 16tH Park Rd - Broadway to Indiana Sullivan Rd W Bridge Replacement Wish List •IISS&&&&&1,4,1,1,01. 13 Proposed Project List Sidewalk Program Sprague Ave - Appleway to Long 4th Ave - Sullivan to Conklin Progress Rd - Wellesley to Trent New Funding Program Construction Ready Must be ready to bid by March 2012 Must have Contractor NTP by June 2012 Scored with UAP/ UCP criteria O YQUa Proposed Project : Sprague Ave Reconstruction - Evergreen to Sullivan • Plans --80% complete (revise to full reconstruct) • Can meet Bid and NTP schedule • Estimated Cost - $ 3 . 85M • Minimum Local Match $ 770 ,000 • Topographic survey needed before TIB selection 15 Last Year ' s Project Selections Funding Cutoff Score - 40 Park Rd Score - 39 Bowdish Rd Score - 38 Mission AvP Score - 42 (deemed ineligible) I 1 Agency Total Local Total Regional Project UAP Local Fund Project Accumulated 0 Priority Project Description Rating Funds Funds Percent Cost Funds ° Urban Arterial Program(UAP) �) FY 2012 Priority Array J,,,, Northeast Region($S.5M Recommended Program) 1 SPOKANE COUNTY Fanvelt Road Cherry St to Market St 2 SPOKANE Francis Avenue Addison St Intersection i 3 WENATCHEE 5th Skeet Miller St to Western Ave 4 PAST WENATCHEE Easbnont Avenue Grant Rd to 3rd St NE 5 EPHRATA A Street SE ( City Food Bank to Nat Washington Way i 6 CHENEY 55mpson-Parkway Dnve N 6th St to Washington St 7 COLVILLE Third Avenue Railroad St to Wynne St 8 WENATCHEE Pine Street McKittrick S1 to Walnut St 9 DOUGLAS COUNTY 23rd Street NE SR 26 to 300'efo N Baker Ave 64 401,765 2574,397 96.5 2,976,182 991,755 58 541,600 160,460 20 802,000 1,093,385 58 007,166 107.148 16 714.314 1,656,551 56 .4980,500 349,500 15 2,330,081 3,631,051 43 490,500 64,500 10 5459000 4,121,571 42 807,300 125,600 13.5 932,900 4,928.851 41 1,488,000 372,000 20 166,000 6,416,851 41 945,190 241,610 20.4 1,187,000 7,362,041 40 1,067,505 185383 15 1,255,888 8,429,540 Recommended Priority Array Cutoff 10 SPOKANE VALLEY 39 1,625,000 2,177,000 54.4 4,002,000 10,254.546 Park Road Broadway Ave to Indiana Ave 11 SPOKANE VALLEY 6OWdish Road Sprague Ave to 16th Ave 38 1970,460 583,110 22.6 2,553,500 12,224,945 12 WENATCHEE Ovondo Street Columbia St to Worthen St 13 QU]NCY Division Street E 619 Ave SE to Columbia Way 36 352.500 117,500 25 470900 12,577446 35 1,032,971 442,700 30 1.475,671 13,510417 16 Local Mauch Increases Increasing Local Match above minimum scores more points Potentially reduces # of projects we can afford City' s Portion of Local Match can include : REET funds (301 & 302) Street Capital Improvement 2011 + funds (311 ) Stormwater funds (402) APA Revenues fund General funds 17 Local Mauch Increases Examples : UAP: 1 point for every 5% additional local match above the 20% minimum - up to 4 points max . UCP: City Funds - 1 point for every 1 % local match - 5 pts max Private Funds - 1 pt. for every 1 % private match - 10 pts max Overmatch - 1 point per every 2% above 20% Sidewalk Projects : 1 point for each 1 % local match above the required 20 % minimum up to 5 points 18 Local Match Examples Mission Ave - Flora to Barker Minimum City Funds + 2 additional points + 4 additional points $ 174 , 360 $ 672 , 110 $ 1 , 169 , 860 Broadway/Argonne / Mu Ilan Conc . Intersection Minimum City Funds $ 208, 870 + 2 additional points $425 ,940 + 4 additional points $ 643 , 01 0 Sprague Ave Sidewalk - Appleway to Long Minimum City Funds $ 33 ,080 + 5 additional points $ 41 , 350 19 Recommended Projects Mission Avenue - Flora to Barker TIB Request - $ 3 , 982 , 000 City Funds - $ 1 74 , 360 (minimum match) or $ 1 , 169 , 560 (+4 points) Broadway Avenue - Flora to Barker TIB Request - $ 4 ,427 , 1 90 City Funds - $ 1 , 1 06 , 800 (minimum match) Pines Rd / 16th Ave Safety Improvement TIB Request - $ 1 20, 000 City Funds - $ 30, 000 (minimum match) Dollar amounts are preliminary and subject to change as grant applications and estimates are finalized. 20 Recommended Projects Mansfield Ave Connection - East of Pines TIB Request - $ 899 , 1 69 City Funds - $ 190 , 1 75 (minimum match) Also looking for Private Developer Funds Broadway/Argonne / Mullan Concrete Inters . TIB Request - $ 1 , 736 , 580 City Funds - $ 208, 870 (minimum match) ■ Sprague Ave Reconstruction - Evergreen to Sullivan 0 TIB Request - $ 3 , 850 , 000 (Construction Ready Project) City Funds - $ 770 , 000 (minimum match) 0 Dollar amounts are preliminary and subject to change as grant applications and estimates are finalized. 21 Recommended Projects Sprague Ave Sidewalk - Appleway to Long TIB Request - $ 127, 240 City Funds - $ 31 , 810 or $ 39 , 780 (+5 points) 4t" Ave Sidewalk - Sullivan to Conklin TIB Request - $ 160, 210 City Funds - $ 40,050 (minimum match) Progress Rd Sidewalk - Trent to Wellesley TIB Request - $ 238 ,400 City Funds - $ 59 ,600 (minimum match) Dollar amounts are preliminary and subject to change as grant applications and estimates are finalized. 22 Options : Approve list as recommended Approve list with recommended additional match for Mission Ave Project and Sprague Ave Sidewalk Project Provide other direction 23 Questions? 24 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: ❑ Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information ® admin. report Spending legislation executive session AGENDA ITEM TITLE: Administrative Report: Mission Avenue Drainage Easement Extinguishment GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: In 1998, three drainage easements were granted to Spokane County as part the East Mission Plaza plat (See Attachment 1). The plat was never finalized, yet the drainage easements were recorded and dedicated to Spokane County. In 2009, the City of Spokane Valley approved a Binding Site Plan (BSP-04-08) for the Mission Medical Center on the same property, thus superseding the previously recorded easements. The City's Public Works Department has reviewed the recorded drainage easement documents and has determined that they are no longer required. The current property owner has requested that the City extinguish the easements which encumber the property. OPTIONS: Consensus to place resolution to extinguish the easement on a future Council agenda; or do nothing. RECOMMENDED ACTION OR MOTION: Consensus to place resolution extinguishing the drainage easements on the August 23 consent agenda. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman, Community Development Director ATTACHMENTS: 1. Map showing drainage easements. 2. Aerial photo showing subject property. 3. Letter from Valley Medical Building, LLC requesting extinguishment. 4. Memo from Spokane Valley Public Works approving the extinguishment request. 5. Recorded easement documents. nder. .. ::jQ/ '. •- i7fa , 11:10 /15• ' ..I. � .ere .ate )blic' • erts. , the. . ;ene• • 'the.;• sl or- the ti9e )nty' irrn.; mty way ••• SOW,..• it • end. Nit11' . iby • Fled •• 111(9 . the • • N 1/4.,C°RNCR SCC.IS ' .O • ---•N89°5 20aE. NI MISSION ' M. . 11 60.00 ' / • Found V&•'rebar with�/ Plastic cap No.9961/8642 ••'Per..ti.0.5.Auditor's'File No. 96Q2161)93 '• ,Prainoge -Easement. 0. J an • O I-' o . • • ' a •' — 388.95 • 2657.77 -= . AVENUE : • __ep N �1 b— �94.Qtj .•:8' Future• 1'Ac ulsillon V Area 174.97• 1 •• ! • O �, oq: 49 • I 25'•Bulldiny'Setback, z r\'i I. •• •'E.13405 ••. 1.Z la , 1 _ '• :.I.(C I . r. •'�. • I :I ' 25'^Quilpki ai I 1 •E:13423.' :. . ..' J . •'Setbok''s 2 u. � in •1 12.2, 4.w 1.: 24,832SQ.FT. .: •'1 I • - J. I•. Building .Selbdck :. I'.' as 194.00 CHATEAU'.N89° • I 45 I '. .•'I •24�88d SOFT•. ;' '- • I{: L ..e • :.•� `'. Buildlnq' SetEack 20"E LANE.'. . iWO— • •_/Q1 •, . X44■ .e�'� .. O S. ®. — 85.00 u, 30'1 F ' Sewar.Eosdment I 9,350 SQ.F.T. • E 13402' v '�..I10' e ?4• r 5.00 '=' .. 95.00 ' OINGRESS/E0RESS • Ufuly Q}1— '. ^'.25' Buildino—,; L t •10,450 S.Q.F7; o "I E.134:10 Drainage Easement • . 95.00 . ..95.00 ••. ,a ,sEw4R :'EASEME 9 -t•.. DC� . •:10,450 SQ.FT e. . 114.20 • NT - . • . . 8 12573SO.FT... D Un!ly.•... ... E.13429 N . : .' 95.00. • Easemenr."'.'; " E.19:42.6: InaYS .. + .''Easement' `.. .;..II' 41•• '..- N89°56'20. • ..389'41'.. :.., ..,•F a u n a 1/2"mbar with lot'1)0110 Eoien4nl' Plastic cap K1o:9967/8b42 : n ' p ll • Per R.O.S.Audi lore Fite No. .'I` � ' k�: .12.4•S9 (,t ••• $602160003 .'.'1.N,"i_r'.T i r=✓ ...� • • R1405() ,4•11i4,..245.-1(0. . ... R.O.S. AUDITOR'S .. FILE NO•- 960216009 `.., • Drain Easeml 30, , 0 0 • Win. 3: :'5 tD Ordtno :Pawn • •so' ngbroinacr Easement rfli � ' . • • • • Columbia Hearing Centers Spokane Center for Facial Plastic Surgery ==i1 .� Ambulatory Surgery Center NW Advanced Sinus&Allergy Consultants Spokane Ear,Nose&Throat Clinic,P.S. Karen K.Ahlstrom,MD General and Pediatric Otolaryngology Jeffrey D.Bunn,MD Mary E. May,AICP Head&Neck Surgery General Otolaryngology City of Spokane Valley Jan S.Connelly,MD 11707 E. Sprague Avenue, Suite 106 Sinus,Nasal&Allergy Spokane Valley, WA 99206 Disorders Michael J.Cruz,MD Sinus,Nasal&Allergy Dear City of Spokane Valley, Disorders Sleep Apnea&Snoring Neil A.Giddings,MD I am a repetitive of Valley Medical Building, LLC, owner of parcel number Otology/Neurotology 45151.9030(13414 E Mission Ave.; aerial &plat attached for reference0, and I Implantable Hearing Aids am requesting that the following encumbrances/easements be released from Derek K.Hewitt,MD Voice&Laryngology the property: General Otolaryngology John F.Hoffmann,MD • Drainage Easements as identified on the attached Subdivision Facial Plastic& Reconstructive Surgery Guarantee, Schedule A Recorded matters#8, 9 and 10 (recorded General&Pediatric Otolaryngology documents attached0: David S.Malone,MD 0 These easements were intended for a proposed development General Otolaryngology (East Mission Plaza)that was never completed nor was the BSP Brian J.Mitchell,DO ever recorded. All of the drainage easement descriptions Head&Neck Surgery General Otolaryngology referenced are tied to the East Mission Plaza plat. The Michael J.Olds,MD unrecorded proposed plat is attached for reference. Otology/Neurotology Pediatric Otology o The current BSP (Mission medical Center) is attached and Pediatric Cochlear Implants supersedes the drainage easements tied to the East Mission Al Pokorny,MD Plaza BSP. Sirius&Allergy General and Pediatric Otolaryngology Thank you for your consideration. Carrie A.Roller,MD Pediatric and Adult Otolaryngology Respectfully, Barbara Herrbach-Neder,NP-C C I " Rod Emerson ASV Develo; it �t y Valley Medical Building, LLC 509-789-5777 ' L, Rod J.Emerson Project#______ CO Name 217 W.Cataldo-Spokane,WA 99201 — - - - 9922 N.Nevada-Spokane,WA 99218 Submitt 13414 E.Mission-Spokane Valley,WA 99216 (509)624-2326 Fax:(509)744-3040 SjOkane Public Works Department ValleV 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum Date: July 1, 2011 To: Scott Kuhta, Planning Manager Through: Neil Kersten, Public Works Director From: Art Jenkins, Stormwater Engineer Re: Extinguishing Drainage Easements of Unrec rded East Mission Plaza The Stormwater Utility approves of extinguishing Drainage Easements recorded as document numbers 4245909, 4245910, and 4245911 with the Spokane County Auditor 7/20/1998, along with each easement's terms and provisions. The unrecorded plat of East Mission Plaza was discarded for BSP 04-08 and the above listed drainage easements are no longer required. • • • • • • II Ell 11 � 20 9�0 9:2 After Recording Return'I o: ,ailaoltrane County ling€nee EHG AS $8,0 Spokane Co, R Attu.: Right of Way Department • • • Document Title: Drainage Easement • • Grantor(s): INLAND EMPIRE OPTICAL, • Grantee(s): S tikane County Legal Description: NI4i OF NEk, SEC. 15, TWN. 25212,P.G. 44 EAST, W. N. Additional Legal Description: See Page 1 Assessor's Tax Parcel Nlumhrr(9l: 45151 9026 Reference Number: 9208 110257 _ • Log In Date: _P�3--12-9A Requested by: DAVE Prepared by: RM , Purpose: 1648 m__ Tu.No( .: 1721 Road Name(N): xY,A)(>" Canaan SPOKANE COUNTY DIVISION OF ENGINEERING Spokane County,Washington • DRAINAGE EASEMENT ' �se.t�r oto, .. y IN TflE MA'fl ER OF MAKE ROAD -- - ' -----.RF NO.' '1721 KNOW ALI.MEN BY l'l.1ESIi PRESENTS,that the Grantor(s), 1Nz.AaD EMPIRE OPTICAL. • • • of the County of Spokane,State of Washington,for and in consideration of Mutual Benefits,the • receipt of which is hereby acknowledged,grant(s)to Spokane County,a political subdivision of the State of Washington, a Drainage Easement over, under, upon and across the following described real property situated in the County of Spokane,State of Washington: • PORTION OF AFFECTS ASSESSORS PARCEL NO( ).: 451E1._9026 • • • DRAINAGE EASEMENT DESCRIPTION Begin at the NW carrier of Lrat 1 of EAST filISSSION PLAZA as ra Canted aft the Spokane County Auditor's Wes.Thence South 12.043 fast;Thence 11139'99'30V, 3.00 feet 135 th Trtais.l'a�lrtt et • Oa imlin i thence continuing Ne rfta irE, 31.00 feet, Moira South, 79.00 feast; ttiancte SW 50101N,N,31.00 feat;t8sonce North 71.00 feet to the T.1'OA Situate In the N Wt/4 of the NE'dld of Section 15 T. 25N., it.44 iv.ARi.M Spokane.County Washington. • • • The Drainage Easements, as described hereinabove are for the purposes of installing,operating_ • and maintaining drainage facilities to dispose of runoff. The property owner shall maintain the - . drainage area with a permanent live Over of lawn turf, with optional shrubbery and/or trees, which do not obstruct the flow and percolation of storm drainage water in the drainage area as indicated by the-approved plans. &t,E.t xeise lax Exempt poky ••tty fr>.:.<,trar • 3y ., i . rI • • • • • I • 1111 1111 1111111 Potkf2 • I If . • SIMPSttI Eli; FAt 36,(0 Scale ne Go,1 The firraittoa(s) will construct the drainage facilities in conformance with the approved plans on • file in the office of the Spokane County Division of Engineering. • • The individual lot owners or their successors in interest shah maintain the drainage facilities in conformance with the approved plans. . The properly owner or his representative shall in£ot7ti each succeeding purchaser of all • ]Easements on the property and his responsibility.for maintaining drainage facilities within said Easements. The Drainage Easement described hereinvbove is to and shall tun with the land. No modification of the boundaries of said Easement can be made without the prior approval of Spokane County. • Whenever the individual lot owners or(heir successors in interest fail to maintain the drainage facilities in conformance with the approved Drainage Plan, a notice will be given to the individual lot owners or their successors in interest by the County. If not corrected after ten(10) days, the County has the right to correct the maintenance failure or have it corrected at the • expense of the individual lot owners or their successors in interest. Spokane County does not accept the responsibility of maintaining the drainage course on private Iota within Drainage Easements or floodplain areas, nor the responsibility for arty drainage whatsoever,including but not limited to inverse condemnation to any properties due to deficient construction and/or maintenance of drainage courses in Drainage Easements on private property. IN WITNESS WHEREOF, the undersigned has caused this.instrument to be executed on this )5 jai day of •. _...•...J.u)y ._-_-..�..., 199 k - • °YQ•� 6 By:_f >ia:.: %°:. r^: . •LANca E. OLEQN • S t o MIX. ` 0 • • • STATE OF WASHINGTON)INGTON) ���Vi& g"0 • COUNTY OF SPOKANE ) ss �sasaeso0 7 certify that I know or have satisfactory evidence that: _ LANCE E. Ot son • (is,P )the indlvldaaal(s)who appeared before rue,and said individual(sr)acknowledged d that (he/sha )signed this instrument,on oath stated that(helglagagy) (was/yen) authorized to execute the instrument and acknowledged it as the Aumos iuEo AQEtd'r of INLAND EMPIRE OPTICAL • to be the free and voluntary act of such party for the uses and purposes mentioned in the Instrument. • Dated this__LE________day of ,,}ts,L! , 199.4_,.. • • • • • • • • • • • • • • 11111 1.11 11 1,04;4:015154910f0j:29A • • SIMPSOi BC • as WOO Wane Co,IA After Recording Return To: Spokane County Engineer • • Attn.: Right of Way Department • • • Document Title: Drainage Fasement Grantor(s); ItELAND EMPIRE OPTICAL Gri tec(e): Spokane Comity Legal Description: *aW5 OF NE$, SEC. 15, TIN. 25a,_ RLi: 44 EAST, W. M. Additional Legal Description: See Page 1 • Assessor's Tax Parcel Numtier(s: .25151,9026 Reference Number: 9209::10257 Log In Date; 3-12-n Requested by: DAVE Prepared by: Purpose: P_1646 RF No(rg.: 172.1 Road Name(): nr.axe Roan • • SPOKANE COUNTY Y DIVISION OF ENGINEERING Spokane County,Washington . 111111,4, ••■' AAVek,f • DRAINAGE EASEMENT' ; , ,P IN THE IvMA'€`t•ER OF BLAKE on _._ .,RF NO. '' 1721----°..... • • KNOW ALI,MEN BY TI}ESE PRESENTS,that-the Grantor(s), nrao m_a g goPTrcAL • • • of the County of Spokane, Slate of Washington,for and in consideration of Mutual Benefits,the receipt of which is hereby acknowledged,grant(s)to Spokane County,a political subdivision of • the State of Washington, a Drainage Easement over, under, upon and across the following described real property situated in the County of Spokane,State of Washington: PORTION OP AFFECTS tS ASS€;SSORS PARCEL NOM;:: 45153.9026 • • • • • DRAINAGE EASEMENT DESCRIPTION engln at the SE corner of Lot S of EAST MISSS1ON PLAZA as recorded at are Spokane County • Auditor's Mice; thence North along the Beet line of Lot 6. 26.00 ffeet to the True Point of • Beginning;thanes S00'68`20"W,0.00 ffeet;thence North,26.00 feet thence N89°5'20"ie,20.00 feet;thence South 26.00 fast thence SSBe'.65'20'W,14.00 feet to the T.P.O.t3, Situate In the NW1/4 of the NE1/4 of Section 16 T. 26N., R,44 'LW.M. Spokane County Washington. The Drainage Easements, as described hereinabove are for the purposes of installing,operating • • and maintaining drainage facilities to dispose of runoff. The property owner shall maintain the drainage area with a permanent live cover of lawn turf, with optional shrubbery and/or trees, which do not obstruct the flow and percolation of storm drainage water in the drainage area as -• indicated by the approved plans, fi, rcl�aa 1 t� Tktis: �+ t - i k 13 . • • ) '[ . . ..•• , urn `'`� • • • • I • • 4245910 • SIleiCI DIG EAS . MX Saaknre Co.114 . the tit'iintnr(s).will construct the drainage facilities to conformance with the approved plans on. • file in the office of the Spokane County Division of Engineering. _ • The individual lot owners or their Successors in interest shall maintain the drainage facilities in conformance with the approved plans. The property owner or his representative shall inform each succeeding purchaser of all Easements on the properly and his responsibility for maintaining drainage facilities within said • Easements. • The Drainage Easement described hereinabove is to and shall run with the land. No modification of the boundaries of said Easement can be made without the prior approval of Spokane County. Whenever the individual lot owners or their successors in interest fail to maintain the drainage • facilities in conformance with the approved Drainage Plan, a notice will be given to the individual lot owners or their successors in interest by the County. If not corrected after ten(10) days, the County has the right to correct the maintenance failure or have it corrected at the expense of the individual lot owners or their successors in interest, Spokane County does not accept the responsibility of maintaining the drainage course on private lots within Drainage Easements or 11oodplaain areas, nor the responsibility for any drainage whatsoever, including hut not limited to inverse condemnation to any propel-ties due to deficient • construction and/or maintenance of drainage courses in Drainage Easements on private property. • IN WITNESS.WHEREOF, the undersigned has caused this instrument to be executed on this 15 tit day of ...kJ I p'_- -- , 199 a . • ijor• 05eiunaase8 • .0% ot e i$ 8ri ` o - By: _ .. B DA t F` ,, . LANCE E. OLson a NOTARY'tit a L i a uc...,,, w ¢ , �� p I certify that f know or have satisfactory evidence that,„_ LANG$ E. OLSON (ishiaxa)the individualts)who appeared before me,and said Ind.ividual(s)acknowledged that (he/she/they)signed this instrument,on oath stated that(hefahitdtl y) (wash ) authorized to execute the instrument and acknowledged it as the AUTHORIZED AGENT of IIiLAND EMPIRE OPTICAL • to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. • Dated this day of , 19913_, • • • • • • ■ • i f • HI IR It 111 2 °O:2 Sltl itl El4 EAS t9.10 Want Ca.tiii After Recording Return To: Spokane County Engineer Attn,; Right of Way Department • • Document Title: Drainage Easement Grantor(s): INLAND EMPIRE OPTICAL__. Grnntee(s): Spokane Cauniy Legal Description, NW.ilLit•' NE3, SEC. 13.cTWN. 25Ji, RCS. 44 EAST, Sq. M. Additional Legal Description: See Page t Assessors Tax Parcel Number(9): 45151„,j17A Reference Number: 3208310257 Log to Date: 3.12-4t. Requested by: DAVE . ,Prepared by: RM ' Pargose: eP 1648 RF No(14.:, 2721 Road Nanae(a): RI.arr anon beifr • SPOKANE COUNTY DIVISION OP ENCGINEERINCG Spokane County,Washington •*bbb®66P6er, �a ,8FP DRAINAGE EASEMENT .t,o ,14�w �. -s. y ^•' IN TIlE MA'i`t•ER_O _ • BLAKE_ ROAD ' .,WI Mi.•'1721 KNOW ALL MEN BY TIIESts•PRI Sf NT•S,that the{"irantor(sj, itiLatso xMdtaN oi°r icar� of the County of Spokane,•Stale of Washington, for and in consideration of Mutual Benefits,the receipt of which is hereby acknowledged,grant(s)to Spokane County,a political subdivision of the State of Washington, a Drainage E.a seanent over, under, upon and across the following • described real property r:ituatcd in the County of Spokane,State of Washington: . • PORTION OF • lg'i E€'1`5 ASSESSORS ORS l'AifiCl i NOM,: 45151.9026 : B.E.Excise Tax Exempt . ' Dom: 2. .1®'"r . S • "RIM me ---,.� • ti DRAINAGE EASEMENT DESCRIPTION Beatn at the SE corner of Lot S of EAST MISS SIGN PLAZA as rascasded at the Spokane County • Auditors mice; thence North Mona the lit line of Lot 5, 28.00 feet to the True Point of . Beginning;thence S°£S10 W,7.00 feet;thence North,25.00 feet;thence N89°55°20"E,14.00 • teat;thence South 25.00 feat;thence S85°SS'20"W,7.00 feet to the P.Q.S. Situate in the Nviii4 of the NEIl4-of Mien 15 T. 25N., ft... E.Vti.M, Spokane County • • The Drainage Easements,as described hereinabove are for she purposes of installing,operating and maintaining drainage facilities to dispose of runoff The property owner shall maintai • 11 � 9t 1111. 11111 11 o122Ii1991€ °O9 2 • SItP i 114 13,5 $9.QG loakare to,h The tirintor(s) will construct the drainaage facilities in conformance with the approved plans on file in the off ice of the Spokane County Division of Engineering. • The individual lot owners or their successors in interest shall maintain the drainage facilities in conformance with the approved plans. The property owner or his representative shall inform each succeeding purchaser of all Easements on the property and his responsibility for maintaining drainage facilities within said • Easements. • The Drainage Easement described hereinabove is to and shall Lana with the land. No modification. of the boundaries of said Easement can be made without the prior approval of Spokane County. Whenever the individual lot owners or their successors in interest fail to maintain the drainage ' facilities in conformance with the approved Drainage Plan, a notice will be given to the individual lit owners or their successors in interest by the County. If not corrected after ten(10) • days, the County has the right to correct the maintenance failure Or have it corrected at the expense of the individual lot owners or their successors in interest. . Spokane.County does not accept the responsibility of maintaining the drainage course on private lots within Drainage Easements or floodplain areas, nor the responsibility for any drainage whatsoever,including but not limited to inverse condemnation to any properties due to deficient construction and/or maintenance of drainage courses in Drainage Easements on private properly.. • • IN WETNESS WHEREOF, the undersigned has caused this instrument to be executed on this _MIL_day of_____ ).2 , 149a : • Bye ._..-� J t�I 0 '7,.4',,..;.,1,...!,..;,::::^6 td LANCE E. OLSON - t. s re; -- m A "� PU �•�4 • COUNTY OF SPOKANE ) ss te, • A I certify that I know or have satisfactory evidence that iancE E. OLSON • (ism)the individual( )who appeared before me,and said individual(4 acknowledged that (helakal )signed this instrument,on oath stated that(hefsheithey) (was/mar) authorized to execute the instrument and acknowledged it as the Aumota.°m AGENT of INLAND EMPIRE OPTICAL to be the free and voluntary act of such party for the uses and purposes mentioned in the • instrument. • • Dated this. t TN day of Jo 1 , 199€: . . • • • • • • • 13414 E. Mission 131.9 9 65196 131.9 Feet 0 This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: X Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Estimated 2012 revenues and expenditures. GOVERNING LEGISLATION: State budget law. PREVIOUS COUNCIL ACTION TAKEN: No formal Council action has been taken on the 2012 Budget. A proposed budget is currently under review by the City Manager who will present his Preliminary 2012 Budget to the Council on September 6, 2011. BACKGROUND: This marks the second occasion where the Council has discussed the 2012 Budget. The first occurred during the June 14, 2011 Council Retreat where the Council reviewed 2012 Budget worksheets prepared by Staff. By the time the Council is scheduled to adopt the 2012 Budget on November 15, 2011, you will have had an opportunity to discuss it on eight separate occasions, including three public hearings to gather input from citizens: o June 14 Council Budget Retreat o August 9 Admin report: Estimated 2012 revenues and expenditures o August 23 Public hearing on 2012 revenues and expenditures o September 6 City Manager's presentation of preliminary 2012 Budget o September 27 Public hearing #1 on 2012 Budget o October 11 Public hearing #2 on 2012 Budget o October 25 First reading on proposed ordinance adopting the 2012 Budget o November 15 Second reading on proposed ordinance adopting the 2012 Budget Each year Staff members prepare estimates of proposed revenues and expenditures for the next budget cycle and these will be presented to the City Council on August 23rd where a public hearing will be held to consider input from the public. In regards to revenues, we anticipate they will be essentially flat across the board as the economy continues to tread water. As discussed with Council at the June 14th Retreat, Staff has prepared operating expenditure requests that reflect not greater than a 1% increase over the 2011 Budget. OPTIONS: State law requires a public hearing on 2012 estimated revenues and expenditures. A hearing is scheduled for August 23, 2012. RECOMMENDED ACTION OR MOTION: No action is requested at this time. BUDGET/FINANCIAL IMPACTS: This information will be incorporated into the 2012 Budget. Given that the budget will not be adopted by the Council until November 15, 2011, it is possible the figures may be modified as we refine estimates of revenues and expenditures. STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS: o Power Point presentation. o Budget summary information with detail by fund. City of Spokane Valley 2012 Budget Discussion Administrative Report on 2012 Revenues and Expenditures August 9, 2011 2012 Budget Summary All Funds Total appropriations of all City Funds of $56.5 million including $11 .3 million in capital expenditures. Budgets will be adopted across 24 separate funds. Budget will include a new Aquifer Protection Area Fund. FTE count will remain unchanged at 86.25 employees. 2012 operating expenditure increases at or below 1 % over 2011 . Street Fund budget includes an additional $500,000 for street preservation, plus an additional $100,000 to be set aside for future replacements of snow plows. 8/4/2011 2 General Fund REVENUES: Total recurring 2012 revenues of $34,879,900 as compared to $34,827, 125 in 2011 . 2 largest sources are Sales Tax and Property Tax which are collectively estimated to account for 77% of 2012 General Fund revenues. Sales Tax is estimated at $16.2 million — identical to 2011 . Property Tax levy will not include the 1 % increase authorized by #747. 2012 Levy is estimated at $10,750,000 Levy assumes we start with the 2011 levy of $10,732,863 + new construction of $17, 137 Based upon a tax levy of $10,750,000 on assessed values of $7, 140,947,644, the 2012 levy rate would be $1 .505 per $1 ,000 8/4/2011 3 General Fund REVENUES: Initiative #1183 that will come before the voters on November 8, 2011 would privatize the distribution and retail sale of liquor in Washington. Similar in concept to Initiatives 1100 and 1105 which failed in 2010. Should have no impact on the liquor excise tax (estimated at $451 ,400 in 2012). May have an impact on liquor board profits (estimated at $557,800 in 2012). Office of Financial Management will publish a fiscal note in the near future regarding potential impact on revenues. 8/4/2011 4 General Fund EXPENDITURES: 2012 Recurring expenditures of $34,690,900 as compared to $34,825,086 in 2011 (decrease of $134, 186). The 2012 budget presumes service levels that are consistent with those provided in 2011 with neither significant enhancements or reductions in any area of operations. 2012 Nonrecurring expenditures are $189,000 as compared to $2.8 million in 2011 . Included in 2011 : $1 .5 million transfer for full paveback program $1 .084 million transfer for street preservation $146,000 for building permit software 8/4/2011 5 Other Funds Motor Vehicle Fuel Tax revenue that is collected by the State and remitted to the Street Fund is anticipated to be $1 ,905,800. Telephone Taxes that are remitted to the City and support Street Fund operations and maintenance are anticipated to be $3,000,000. Real Estate Excise Tax (REET) revenues that are in large part used to match grant funded street projects are anticipated to total $950,000. Hotel/Motel Tax revenues that are dedicated to the promotion of visitors and tourism are anticipated to be $430,000. 8/4/2011 6 Future Council Budget Discussions Aug. 23 — Public Hearing on revenues and expenditures Sept. 6 — City Manager presentation of Preliminary 2012 Budget Sept. 27 — Public hearing #1 on 2012 Budget Oct. 11 — Public hearing #2 on 2012 Budget Oct. 25 — First reading of proposed ordinance adopting 2012 Budget. Nov. 15 — Second reading of proposed ordinance adopting 2012 Budget. CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget f-201 ,:x . ..,_: 2011 2044 As As proposed ,Aictu is _g 4401 51 A_._,. . endmiien aN0detl..i,. Budget le.0.tk.,G,BRERAVAINDNIAMtdakW4 RECURRING ACTIVITY Revenues Property Tax 10,741,306 10,875,000 0 10,875,000 10,750,000 Sales Tax 16,055,143 16,200,000 0 16,200,000 16,200,000 Gambling Tax 665,276 425,000 175,000 600,000 640,000 Franchise Fees/Business Registration 1,266,776 1,111,000 150,000 1,261,000 1,266,000 Service Revenues 1,472,098 1,600,000 0 1,600,000 1,300,000 State Shared Revenues 2,042,834 1,665,625 30,000 1,695,625 1,834,300 Fines and Forfeitures 1,828,410 1,800,000 0 1,800,000 1,900,000 Recreation Program Fees 630,945 555,500 0 555,500 570,000 Miscellaneous&Investment Interest 255,006 200,000 0 200,000 305,000 Transfer-in -#101 (street admin) 34,300 25,000 0 25,000 39,600 Transfer-in -#105(h/m tax-CP advertising) 39,675 0 0 0 60,000 Transfer-in -#402(stormadmin) 13,386 15,000 0 15,000 15,000 Total Recurring Revenues 35,045,155 34,472,125 355,000 34,827,125 34,879,900 Expenditures Legislative Branch 316,543 324,298 0 324,298 386,249 Executive and Legislative Support 1,266,411 1,055,906 0 1,055,906 1,066,465 Public Safety 21,071,640 22,179,880 0 22,179,880 22,138,036 Deputy City Manager 444,784 559,940 0 559,940 574,270 Finance 952,004 1,014,342 0 1,014,342 1,023,685 Human Resources 194,442 236,646 0 236,646 230,231 Public Works 703,956 892,617 0 892,617 901,519 Community Development-Administration 311,601 321,049 0 321,049 323,743 Community Development-Engineering 601,469 669,570 0 669,570 680,796 Community Development-Planning 863,685 1,023,373 0 1,023,373 994,245 Community Development-Building 1,169,936 1,215,303 0 1,215,303 1,260,454 Library 1,012 0 0 0 0 Parks&Rec-Admin.&Maint. 897,258 948,970 0 948,970 1,059,828 Parks&Rec-Recreation 188,623 246,628 0 246,628 229,811 Parks&Rec-Aquatics 420,734 429,250 0 429,250 442,250 Parks&Rec-Senior Center 73,543 89,653 0 89,653 92,961 Parks&Rec-CenterPlace 1,099,702 1,098,911 0 1,098,911 1,126,357 General Government 1,214,659 2,199,750 0 2,199,750 1,841,000 Transfers out-#502(insurance premium) 318,000 319,000 0 319,000 319,000 Total Recurring Expenditures 32,110,002 34,825,086 0 34,825,086 34,690,900 Recurring Revenues Over(Under) Recurring Expenditures 2,935,153 i (352;961) - 355,000 2,039 189,000 'NONRECURRING ACTIVITY - :1 Revenues Transfer-in-#310(full paycheck) 929,048 2,000,000 0 2,000,000 0 Expenditures Transfers out-#303(fullpaveback) 929,048 1,500,000 0 1,500,000 89,000 Transfers out-#309(park grant match) 100,000 100,000 0 100,000 100,000 Transfers out-#311 (street capital improvement) 0 500,000 0 500,000 0 Transfers out-#311 (40%>$28mm=$584,681) 0 0 584,681 584,681 0 Building permit software purchase 0 0 146,000 146,000 0 Total Nonrecurring Expenditures 1,029,048 2,100,000 730,681 2,830,681 189,000 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures . {100,000) (/00;440) •:".;,,,(730,681y.-;..- 1834,6$1} 089,O00) EXCESS(DEFICIT)OF TOTAL REVENUES OVER(UNDER)TOTAL EXPENDITURES ,., -21835,153 i ,. (452,961). . __(37aF681) (828,642)} .;. 0=1 LA BEGINNING FUND BALANCE 24,626,550 27,461,703 27,461,703 26,633,061 ENDING FUND BALANCE 27,461,703 27,008,742 26,633,061 26,633,061 P:IClerk\AgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 1 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget 2010 As ---� j R- As Pyoissed .._.A ftaiiIs,'Atl.: E...,F dop e i aA► itfd tertE....,..A e iciei! ._.Budget.. SPECIAL# E1'TRUE_FONDS._..14_;; #101 -STREET FUND RECURRING ACTIVITY Revenues Motor Vehicle Fuel(Gas)Tax 1,928,003 1,875,000 0 1,875,000 1,897,800 Investment Interest 6,538 12,000 0 12,000 5,000 Insurance Premiums&Recoveries 14,024 0 0 0 0 Utility Tax 2,986,138 3,000,000 0 3,000,000 3,000,000 Miscellaneous Revenue 15,034 0 0 0 0 Total Recurring Revenues 4,949,737 4,887,000 0 4,887,000 4,902,800 Expenditures Wages/Benefits/Payroll Taxes 319,070 433,931 0 433,931 522,142 Supplies 65,712 72,200 0 72,200 72,200 Services&Charges 2,550,065 3,357,296 0 3,357,296 3,310,321 Intergovernmental Payments 739,172 947,000 0 947,000 847,000 Interfund Transfers-out-#001 0 25,000 0 25,000 39,600 Interfund Transfers-out-#103(MVP) 0 8,300 0 8,300 0 Interfund Transfers-out-#501 (plow replace.) 0 0 0 0 100,000 Interfund Transfers 73,975 44,600 0 44,600 0 Streets Misc.projects 130,206 0 0 0 0 Total Recurring Expenditures 3,878,201 4,888,327 0 4,888,327 4,891,263 Recurring Revenues Over(Under) Recurring Expenditures : . .1`,074,536 °. ;: . (1;327) fl. (1!327) 1.1537:. INONRECURRING ACTIVITY Revenues Grants 129,194 0 0 0 0 Expenditures Bridge/Street Maintenance 0 450,000 0 450,000 0 Street Preservation 0 0 0 0 500,000 Interfund Transfers-out-#402(shop facility) 0 0 375,000 375,000 0 Capital Outlay 35,092 45,000 0 45,000 40,000 Snow Plow purchase(budgeted in 2010 delivered in 2011) 0 200,000 200,000 0 Total Recurring Expenditures 35,092 495,000 575,000 1,070,000 540,000 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures - 94,102 . (495400). . : (575,00), ;: (3:070;004), (540,000), EXCESS(DEFICIT)OF TOTAL REVENUES OVER(UNDER)TOTAL EXPENDITURES t. __ 1,/65,;63$ p..._,a; (496,327) _ .(575;000) . _ (1 471427)x k.Ziol.fixoyi BEGINNING FUND BALANCE 1,910,563 3,076,201 3,076,201 2,004,874 ENDING FUND BALANCE 3,076,201 2,579,874 2,004,874 1,476,411 P:\ClerklAgendaPackets for Weblagendapacket 08-09-11\ltem 5 Budget Summary 2011 08 04,xlsx 2 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget 2411 2012 101. As -- As Pxoposed Afoot (i =FAT4:0 etl _A1rrl1011dt'nentn., .Arnencied.., 4illiidieti,. $PECJAL REVENUE.FUNDS„ onllnuefl #102-Arterial Street Fund Revenues Motor VehicleFuel(Gas)Tax 0 0 0 0 0 Investment Interest 0 0 0 0 0 Interfund Transfer-in 7,917 0 0 0 0 Subtotal revenues 7,917 0 0 0 0 Expenditures Interfund Transfers 0 0 58,019 58,019 0 Subtotal Expenditures 0 0 58,019 58,019 0 Revenues over(under)expenditures 7,917 0 (58,019) 0 Beginning fund balance 50,102 58,019 58,019 0 Ending fund balance 58,019 58,019 0 0 #103-PATHS&TRAILS Revenues Motor Vehicle Fuel(Gas)Tax 0 0 0 0 8,000 Interfund Transfer-in#101 (MVFT) 8,132 8,000 0 8,000 0 Investment Interest 78 0 0 0 0 Total revenues 8,210 8,000 0 8,000 8,000 Expenditures IF Transfer for Trails/Paths Cap Prj 0 0 0 0 0 Miscellaneous 690 0 0 0 0 Capital Outlay 0 20,000 0 20,000 0 Total expenditures 690 : 20,000 0 20,000 0 Revenues over(under)expenditures 7,520 (12,000) (12,000) 8,000 Beginning fund balance 40,666 48,186 48,186 36,186 Ending fund balance 48,186 36,186 36,186 44,186 #105-HOTEL!MOTEL TAX FUND Revenues Hotel/Motel Tax 448,545 480,000 0 480,000 430,000 Investment Interest 1,017 1,000 0 1,000 700 Subtotal revenues 449,562 481,000 0 481,000 430,700 Expenditures Interfund Transfers-#001 37,500 0 0 0 60,000 Tourism Promotion 362,302 500,000 0 500,000 370,700 Subtotal expenditures 399,802 500,000 0 500,000 430,700 Revenues over(under)expenditures 49,760 (19,000) (19,000) 0 Beginning fund balance 222,596 272,356 272,356 253,356 Ending fund balance 272,356 253,356 253,356 253,356 P;1CIerk\AgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 3 CITY OF SPOKANE VALLEY, WA 08/04/2011 2012 Budget IIMIRRE _ iq 2411 x* 2042 2016 kzcf ' v A.s Proposed Act .als,�s .._A?topfed.'t ..A�rtlbkndmOnt :A endwd ,._ ,aBirdgt .:. IS.PECIAL RBVENI BI NDS idartt3pue;i d _ #120-CENTER PLACE OPERATING RESERVE FUND Revenues Investment interest 1,047 3,000 0 3,000 700 Interfund Transfer 0 0 0 0 0 Total revenues 1,047 3,000 0 3,000 700 Expenditures Operations 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 1,047 3,000 3,000 700 Beginning fund balance 349,184 350,231 350,231 353,231 Ending fund balance 350,231 353,231 353,231 353,931 #121 -SERVICE LEVEL STABILIZATION RESERVE FUND Revenues Investment Interest 16,794 54,000 0 54,000 10,000 Interfund Transfer 0 0 0 0 0 Total revenues 16,794 54,000 0 54,000 10,000 Expenditures Operations 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 16,794 54,000 54,000 10,000 Beginning fund balance 5,407,001 5,423,795 5,423,795 5,477,795_ Ending fund balance 5,423,795 5,477,795 5,477,795 5,487,795 #122-WINTER WEATHER RESERVE FUND Revenues Investment Interest 1,131 5,000 0 5,000 700 Interfund Transfer 0 0 0 0 0 Subtotal revenues 1,131 5,000 0 5,000 700 Expenditures Reserve for Winter Weather 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 1,131 5,000 5,000 700 Beginning fund balance 500,037 501,168 501,168 506,168 Ending fund balance 501,168 506,168 506,168 506,868 #123-CIVIC FACILITIES REPLACEMENT FUND Revenues Investment Interest 3,211 12,000 0 12,000 2,000 lnterfund Transfer-#001 397,000 407,000 0 407,000 397,000 Total revenues 400,211 419,000 0 419,000 399,000 Expenditures Capital Outlay 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 400,211 419,000 419,000 399,000 Beginning fund balance 1,208,048 1,608,259 1,608,259 2,027,259 Ending fund balance 1,608,259 2,027,259 2,027,259 2,426,259 P:IClerkAgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 4 CITY OF SPOKANE VALLEY, WA 0 810 412 0 1 1 2012 Budget 7 2911 . 2t1t2 lO'0 qA� rn A>; Ptoposedi .,� of Ise _m_>:� ab tee 7 _.krtertdiaietrt ,Amoritieit.. . ;w t4Iget._ 'DEBT S> RVICE EUNC}S #204-DEBT SERVICE FUND Revenues Facilities District Payment 421,520 460,000 0 460,000 432,320 Interfund Transfer-in-#301 91,978 110,000 0 110,000 92,652 Interfund Transfer-in-#302 91,979 115,000 0 115,000 92,651 Total revenues 605,477 685,000 0 685,000 617,623 Expenditures Debt Service Payments-CenterPlace 421,522 460,000 0 460,000 432,320 Debt Service Payments-Roads 184,051 225,000 0 225,000 185,303 Total expenditures 605,573 685,000 0 685,000 617,623 Revenues over(under)expenditures (96) 0 0 0 Beginning fund balance 96 (0) (0) (0) Ending fund balance (0) (0) (0) (0) P:1ClerkWgendaPackets for Weblagendapacket 08-09-11\item 5 Budget Summary 2011 08 04,xlsx 5 CITY OF SPOKANE VALLEY, WA 08/04/2011 2012 Budget 4_011 202 e2�8ifs��t{,r. - - As �{ ,i, p-R /A..ks p.R! Pro:040ed .,.•.SL_f':N!'4€,`JI i..y,,..A'd-oVfsi `V.. 3A!.S'! iiiiii t.r. ,C.= 4n Y-d .k =:;..ii[idaot..,.... ;CAPITAL PRomeyS 1111V b8IngaatiWiAt;I #301 -CAPITAL PROJECTS FUND Revenues REET 1 -Taxes 487,110 400,000 0 400,000 475,000 Investment Interest 3,661 15,000 0 15,000 1,000 Interfund Transfer-in-#303 135,000 0 0 0 0 Total revenues 625,771 415,000 0 415,000 476,000 Expenditures Intergovernmental Services 0 0 0 0 0 Interfund Transfer-out-#204 0 112,500 0 112,500 92,652 Interfund Transfer-out-#303 0 901,098 0 901,098 363,627 Interfund Transfers 991,543 0 0 0 0 Total expenditures 991,543 1,013,598 0 1,013,598 456,279 Revenues over(under)expenditures (365,772) (598,598) (598,598) 19,721 Beginning fund balance 1,158,647 792,875 792,875 194,277 Ending fund balance 792,875 194,277 194,277 213,998 #302 SPECIAL CAPITAL PROJECTS FUND Revenues REET 2-Taxes 475,194 400,000 0 400,000 475,000 Investment Interest 4,584 15,000 0 15,000 1,000 Interfund Transfer-in 7,841 0 0 0 0 Total revenues 487,619 415,000 0 415,000 476,000 Expenditures Interfund Transfer-out-#101 0 0 0 0 0 Interfund Transfer-out-#204 0 112,500 0 112,500 92,651 Interfund Transfer-out-#303 0 897,393 0 897,393 1,448,059 Interfund Transfer-out-#307 0 11,176 REMEOW3 41,176 0 Interfund Transfer-out-#308 0 0 M_.,.1t0560: 150,000 0 Interfund Transfers 594,536 0 0 0 0 Total expenditures 594,536 1,021,069 180,000 1,201,069 1,540,710 Revenues over(under)expenditures (106,917) (606,069) (786,069) (1,064,710) Beginning fund balance 2,440,001 2,333,084 2,333,084 1,547,015 Ending fund balance 2,333,084 1,727,015 1,547,015 482,305 it P:ICIerk AgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 6 CITY OF SPOKANE VALLEY,WA 08104/2011 2012 Budget '2010 As As Prapbed d..A tOals.,. ;. ,..A0.41 d:.... ..Atii6Ad di Arne lc). e ,Huttgei..... EAP1FAct P} OJ CT0,FUNDS eolittr Lich :; #303 STREET CAPITAL PROJECTS FUND Revenues Grant Proceeds 2,264,783 5,038,819 0 5,038,819 7,755,118 Developer Contribution 70,860 0 0 0 0 Miscellaneous 1,350 0 0 0 0 Interfund Transfer-in-#001 0 1,500,000 0 1,500,000 89,000 Interfund Transfer-in-#301 0 901,095 0 901,095 363,627 Interfund Transfer-in-#302 0 897,393 0 897,393 1,448,059 Interfund Transfer-In-#401 0 100,000 0 100,000 0 Interfund Transfer-in 1,317,918 0 0 0 0 Total revenues 3,654,911 8,437,307 0 8,437,307 9,655,804 Expenditures 005 Pines/Mansfield,Wilbur Rd.to Pines 110,178 450,000 0 450,000 463,312 060 Argonne Rd Corridor Upgrade SRTC 06-31 22,587 581,886 0 581,886 802,792 061 Pines(SR27)ITS Imporvement SRTC 06-26 3,721 1,843,221 0 1,843,221 1,766,201 063 Broadway Avenue Safety Project Pines-Park 74,127 834,000 0 834,000 0 065 Sprague/Sullivan FCC Intersection 957,843 0 0 0 0 066 Broadway Ave.Rehabilitation Proj#2 949 0 0 0 0 069 Park Road-#2(PE Only)-Broadway to Indiana 87,146 0 0 0 0 100 16th&Bettman Stormwater Drainage 0 0 0 0 0 102 Sprague/Evergreen PCCP Intersection 104 0 0 0 0 103 Sprague/Pines PCCP Intersection 7,182 0 0 0 0 104 Sprague/McDonald PCCP Intersection 1,312 0 0 0 0 110 Sprague Resurface-E'green to University 55,313 0 0 0 0 112 Indiana Ave.Extension-3600 189,479 200,000 0 200,000 0 113 Indiana/Sullivan Intersection PCC 54,060 1,171,200 0 1,171,200 0 114 Broadway/Sullivan FCC Intersection 723,739 0 0 0 0 115 Sprague Ave Resurfacing-Evergreen to Sullivan 2,946 0 0 0 1,582,000 127 2009 ADA Improvements 96,449 0 0 0 0 139 Park Rd RR Crosing Safety Improvements 8,938 0 0 0 0 STEP Projects(106,107,109,128,129,130,131) 1,213,840 0 0 0 0 WSDOT Urban Ramp Projects 45,000 0 0 0 0 Contingency 0 500,000 0 500,000 1,500,000 Misc.Road Projects 0 1,935,000 0 1,935,000 0 123 Mission Ave-Flora to Barker 0 488,000 0 488,000 300,000 141 Sullivan&Euclid PCC 0 163,000 0 163,000 26,289 142 Broadway @ Argonne/Mullan 0 271,000 0 271,000 138,150 145 Spokane Valley-Millwood Trail 0 0 0 0 447,000 146 24th Ave Sidewalk-Adams to Sullivan 0 0 0 0 278,520 148 Greenacres Trail-Design 0 0 0 0 60,000 149 In-House Design-Sidewalk Infill 0 0 0 0 398,250 154 Sidewalk&Tansit Stop Accessibility 0 0 0 0 182,290 155 Sullivan Rd W Bridge Replacement 0 0 0 0 600,000 Mansfield Ave.Connection 0 0 0 0 738,000 University Rd/1-90 Overpass Study 0 0 0 0 284,000 Total expenditures 3,654,911 8,437,307 0 8,437,307 9,566,804 Revenues over(under)expenditures 0 0 0 89,000 Beginning fund balance 73,456 73,456 73,456 73,456 Ending fund balance 73,456 73,456 73,456 162,456 P:1Clerk\AgendaPackets for Weblagendapacket 08-09-11\ltem 5 Budget Summary 2011 08 04.xlsx 7 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget 2¢1� 2012 2016 As i As Proposer{ '','ZIOAVeti.41147::-Ag, ._.__Adopted;> A riend itie:n . ,...*Amended..., Buic#; et.. ICAPITA IV E TS EEl.P c;Q ititiVia 4 #304-MIRABEAU PROJECTS FUND Revenues Other Miscellaneous Revenue 0 0 0 0 0 Investment Interest 0 0 0 0 0 Total revenues 0 0 0 0 0 Expenditures Capital Outlays 0 0 0 0 0 Transfers 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 44,302 94,302 94,302 94,302 Ending fund balance 44,302 44,302 44,302 44,302 #307-CAPITAL GRANTS FUND Revenues Grant Proceeds 1,685,541 0 1 = 120:.0.00 120,000 0 Miscellaneous 1,000 55,000 0 55,000 0 Infetfiund Tra6sf4et4h;n# 02 : 0 0 V .W 0.0:00 30,000 0 Interfund Transfer-in 311,226 0 0 0 0 Total revenues 1,997,767 55,000 150,000 205,000 0 Expenditures 019 Broadway Ave.Rehab-Bates to Sullivan 4,986 0 0 0 0 039 Argonne Road Overlay-Indiana to Montgomery 2,931 0 0 0 0 054 44th Ave Pathway:Woodruff Rd.to Sands Rd. 360,234 5,000 0 5,000 0 062 Appleway/Sprague/Dishman ITS 190-Dishman-0( 2,880 50,000 0 50,000 0 088 Broadway-Moore to Nora 1,626,735 0 ECE1,40J0:01011 150,000 0 Miscellaneous 0 0 129 129 0 Total expenditures 1,997,767 55,000 150,129 205,129 0 Revenues over(under)expenditures 0 0 (129) 0 Beginning fund balance 129 129 129 0 Ending fund balance 129 129 0 0 i P:1ClerklAgendaPackets for Weblagendapacket 08-09-111Item 5 Budget Summary 2011 08 04.xlsx 8 CITY OF SPOKANE VALLEY, WA 08/04/2011 2012 Budget - 2011 201 X00 As As _Popo ed Actoptel n .A.Anendf e:re , Amended Budget. 10APJTAL.PROJECTS FUNDS aontlnued, "j #308-BARKER BRIDGE FUND Revenues Grant Proceeds 494,897 0 0 0 0 Developer Contribution 83,676 0 0 0 0 Interfund Transfer-€n-#302 669,779 0 P 950A0011 150,000 0 Total revenues 1,248,352 0 150,000 150,000 0 Expenditures Bridge Reconstruction 1,248,352 0 I ; 150'40U1 150,000 0 Total expenditures 1,248,352 0 150,000 150,000 0 Revenues over(under)expenditures 0 0 0 0 Beginning fund balance 0 0 0 0 Ending fund balance 0 0 0 0 #309-PARKS CAPITAL PROJECTS FUND Revenues Grant Proceeds 0 500,000 0 500,000 0 Interfund Transfer-€n-#001 0 100,000 0 100,000 100,000 Interfund Transfers 209,031 0 0 0 0 Investment Interest 2,612 13,000 0 13,000 0 Total revenues 211,643 613,000 0 613,000 100,000 Expenditures Terrace View Park Shelter 23,489 80,000 0 80,000 0 Terrace View Park Play Equipment 0 0 0 0 120,000 Contingency 0 320,000 (220,000) 100,000 50,000 Greenacres Park 55,106 1,559,036 0 1,559,036 0 Valley Mission Park 39,132 0 0 0 0 Discovery(Universal)Park 191,305 0 0 0 0 Total expenditures 309,031 1,959,036 (220,000) 1,739,036 170,000 Revenues over(under)expenditures (97,388) (1,346,036) (1,126,036) (70,000) Beginning fund balance 1,346,752 1,249,365 1,249,365 123,329 Ending fund balance 1,249,365 (96,671) 123,329 53,329 P:1CIerkVAgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 9 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget Zoittop 2U11 02 0)U As � As =Ptopdsed .Act als,.._ it Adapted= . .._Anfartcl ienti__ _,_:Att'tbnded._„, Budget IGApiTAL PROJRGTS Ft,1NE co101-00l #310-CIVIC FACILITIES CAPITAL PROJECTS FUND Revenues Interfund Transfers 0 0 0 0 0 Investment Interest 18,060 40,000 0 40,000 0 Total revenues 18,060 40,000 0 40,000 0 Expenditures Interfund Transfers 929,048 0 0 0 0 Interfund Transfers-out-#001 0 2,000,000 0 2,000,000 0 Facilities 17,866 0 0 0 0 Total expenditures 946,914 2,000,000 0 2,000,000 0 Revenues over(under)expenditures (928,855) (1,960,000) (1,960,000) 0 Beginning fund balance 5,828,600 4,899,745 4,899,745 2,939,745 Ending fund balance 4,899,745 2,939,745 2,939,745 2,939,745 #311 -STREET CAPITAL IMPROVEMENTS 2011+ Revenues Interfund Transfers-in-#001 0 500,000 0 500,000 0 Interfund Transfers in-#001 (40%>$26mm=$584,681) 0 584,681 584,681 0 Investment Interest 0 0 0 0 0 Total revenues 0 500,000 584,681 1,084,681 0 Expenditures Facilities 0 500,000 (500,000) 0 1,084,681 Total expenditures 0 500,000 (500,000) 0 1,084,681 Revenues over(under)expenditures 0 0 1,084,681 (1,084,681) Beginning fund balance 0 0 0 1,084,681 Ending fund balance 0 0 1,084,681 0 P:\ClerklAgendaPackets for Weblagendapacket 08-09-111Item 5 Budget Summary 2011 08 04.xlsx 10 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget 10 w . As Y¢ 20 As Propose ag:Wiiiirigil CAMaiiititilircwoiwkow •Arnsn;i. cl3 ; utlg IENTERPRts5j,FlJI!tl]S. ..., #402-STORMWATER FUND I RECURRING ACTIVITY Revenues Stormwater Management Fees 1,742,244 1,710,000 0 1,710,000 1,750,000 Investment Interest 7,360 0 0 0 5,000 Miscellaneous 6,324 22,000 0 22,000 0 Total Recurring Revenues 1,755,928 1,732,000 0 1,732,000 1,755,000 Expenditures Wages/Benefits/Payroll Taxes 337,055 418,000 0 418,000 438,614 Supplies 12,287 43,100 0 43,100 32,540 Services&Charges 885,283 1,221,905 0 1,221,905 1,244,287 Intergovernmental Payments 22,135 46,640 0 46,640 23,000 Depreciation 50,582 0 0 0 0 Interfund Transfers-out-#001 0 0 0 0 15,000 Total Recurring Expenditures 1,307,343 1,729,645 0 1,729,645 1,753,441 Recurring Revenues Over(Under) Recurring Expenditures ..-448,58:6 :2;355. „ 0 2;355 , :1,559': !NONRECURRING ACTIVITY Revenues Grant Proceeds 19,754 0 0 0 153,667 Interfund Transfers-In-#101 (shop facility) 0 0 375,000 375,000 0 Total Nonrecurring Revenues 19,754 0 375,000 375,000 153,667 Expenditures lnterfund Transfers-out 90,170 100,000 0 100,000 0 Contracted maintenance 0 120,000 0 120,000 0 Div.055 NPDES-Phase 11 program dev. 21,670 0 0 0 0 Capital-various projects 334,887 300,000 0 300,000 400,000 Shop Facility 0 0 750,000 750,000 0 Total Nonrecurring Expenditures 446,727 520,000 750,000 1,270,000 400,000 Nonrecurring Revenues Over(Under) Nonrecurring Expenditures :.4..:'7,(37.5;000).,::::::::;::::::.($95:,004. .;(426,$73) � (520000) . r . (246,333) EXCESS(DEFICIT)OF TOTAL REVENUES OVER(UNDER)TOTAL EXPENDITURES 2't 812 3 iiiaiAtxgt§rtIgaxfr.copoyi-274gtoom4o itzt(244,774) BEGINNING FUND BALANCE 2,267,232 2,288,845 2,288,845 1,396,200 ENDING FUND BALANCE 2,288,845 1,771,200 1,396,200 1,151,426 P:IClerk'AgendaPackets for Weblagendapacket 08.09-1111tem 5 Budget Summary 2011 08 04.xlsx 11 CITY OF SPOKANE VALLEY,WA 08104/2011 2012 Budget 2t 1 0. 2 2010. As : As ' Proposed Adapted ..:At1ta?#rtienf . "Arriiind.6d.,_. Budget . ENTERPRISE,FUNDS eentlnvg'd..,..T :-`1 #403-AQUIFER PROTECTION AREA Revenues Spokane County 0 0 500,000 500,000 500,000 Investment Interest 0 0 0 0 2,500 Total revenues 0 0 500,000 500,000 502,500 Expenditures Facilities 0 0 0 0 0 Total expenditures 0 0 0 0 0 Revenues over(under)expenditures 0 0 500,000 502,500 Beginning fund balance 0 0 0 500,000 Ending fund balance 0 0 500,000 1,002,500 P:1Clerk\AgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 12 CITY OF SPOKANE VALLEY,WA 08/04/2011 2012 Budget 516W.. ?b1'I_,Vqge:: ,.,E!W. .. 2012 2o*0 As As Proposed ilituats.£_.: ,._.-mAdopt i`I�,.�i_--Atrl rd>aieit ...._.�x 1me.0efed a.._1311sdget tIVTgAN AL 5ERvICE Ft1NDt, K I #501 -ER&R FUND Revenues Interfund Transfer-in-#001 0 0 0 0 0 Interfund Transfer-in-#101 (plow replace.) 0 0 0 0 100,000 Investment Interest 301 9,000 0 9,000 0 Total revenues 301 9,000 0 9,000 100,000 Expenditures Computer replacement lease 0 0 0 0 0 Software/Hardware replacement 0 0 0 0 0 Vehicle Replacement 0 0 0 0 0 Capital Outlay 0 209,000 0 209,000 0 Total expenditures 0. 209,000 0 209,000 0 Revenues over(under)expenditures 301 (200,000) (200,000) 100,000 Beginning fund balance 906,078 906,379 906,379 706,379 Ending fund balance 906,379 706,379 706,379 806,379 #502-RISK MANAGEMENT FUND Revenues Investment Interest 50 0 0 0 0 Interfund Transfer-#001 318,000 319,000 0 319,000 319,000 Total revenues 318,050 319,000 0 319,000 319,000 Expenditures Services&Charges 309,724 319,000 0 319,000 319,000 Total expenditures 309,724 319,000 0 319,000 319,000 Revenues over(under)expenditures 8,326 0 0 0 Beginning fund balance 12,094 20,420 20,420 20,420 Ending fund balance 20,420 20,420 20,420 20,420 P:1Clerk'AgendaPackets for Weblagendapacket 08-09-1111tem 5 Budget Summary 2011 08 04.xlsx 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Ordinance Amending SVMC 2.40.010, 2.40.020, 3.10.010, 3.10.100, 3.15.040 relating to the position and duties of the city treasurer. GOVERNING LEGISLATION: SVMC 2.40.010, 2.40.020, 3.10.010, 3.10.100, 3.15.040. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The existing language in SVMC 2.40.010, 2.40.020, 3.10.010, 3.10.100, and 3.15.040 contain provisions relating to the position and duties of the city treasurer. The City does not employ a person with the title of city treasurer. Instead, it has been the practice of the City to have the finance director fulfill these duties. However, some provisions in State law refer to a city treasurer, so it is helpful to keep the reference to the city treasurer in the Code. The terms "city treasurer" and "finance director" are used interchangeably in various places, so both terms should be retained. As such, Staff recommends this amendment be adopted to ensure compliance with State law, provide clarity, and accurately reflect the City's practice. Staff views this as a housekeeping item. OPTIONS: Seek additional information or advance to first reading. RECOMMENDED ACTION OR MOTION: Consensus to put on a future agenda for first reading. BUDGET/FINANCIAL IMPACTS: Anticipated to be revenue neutral. STAFF CONTACT: Cary Driskell, City Attorney; Mark Calhoun, Finance Director ATTACHMENTS: Attachment 1 — Proposed amendment to SVMC 2.40.010, 2.40.020, 3.10.010, 3.10.100, 3.15.040. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 11-*** AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING SECTIONS 2.40.010, 2.40.020, 3.10.010, 3.10.100, AND 3.15.040 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE CITY TREASURER AND FINANCE DIRECTOR, AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code sections 2.40.010, 2.40.020, 3.10.010, 3.10.100, and 3.15.040, which have provisions relating to the position and duties of the city treasurer; and WHEREAS, it is the City's practice to have the finance director perform the duties of the city treasurer,and no person is employed as the city treasurer;and WHEREAS, there is no requirement in State law that a city have both a city treasurer and a finance director;and WHEREAS, the existing provisions should be amended to ensure compliance with State law, to provide clarity,and reflect the actual practice of the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 2.40.010 is hereby amended as follows: 2.40.010 Oath required. The city manager, city clerk, city treasurer,—/city finance director and the city chief of police,before entering upon the performance of their duties, shall be required to take an oath or affirmation for the faithful performance of their duties in substantially the following form: OATH OF OFFICE I do solemnly swear (or affirm) that I will faithfully and impartially to the best of my ability perform the duties of the office of in accordance with the laws of the State of Washington and all other duly enacted laws, rules and policies of the City of Spokane Valley, Spokane County,Washington. By: [Attestation] The oath or affirmation shall be given before the mayor and filed with the Spokane County auditor. Ordinance 11- Finance Director/Treasurer Page 1 of 4 DRAFT Section 2. Amendment. Spokane Valley Municipal Code section 2.40.020 is hereby amended as follows: 2.40.020 Bond required. Prior to performance of their duties, the city manager, city clerk, city treasurer, /city finance director and city chief of police shall be required to furnish an official bond, to be renewed annually, conditioned on the honest and faithful performance of their official duties. The premium on the bond(s) shall be paid by the City. The amount of the bonds shall be as follows: A. City manager: $250,000; B. City cler'%: $250,000; C.Finance director/city treasurer: $250,000; D. Chief of police: $250,000. In lieu of individual fidelity bonds,the City may purchase a blanket fidelity bond in amounts not less than those provided for above. Section 3. Amendment. Spokane Valley Municipal Code section 3.10.010 is hereby amended as follows: 3.10.010 One-quarter percent excise tax on real estate sales. A. Imposition. Pursuant to RCW 82.46.010, there is imposed an excise tax on each sale of real property constituting a taxable event as defined in Chapter 82.45 RCW, as the same now exists or may hereafter be amended. The tax imposed under this section shall be collected from persons who are taxable by the state under Chapter 82.45 RCW,as the same now exists or may hereafter be amended, and such tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state under Chapters 82.45 and 82.46 RCW, as the same now exist or may hereafter be amended. B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.010, as the same now exists or may hereafter be amended, shall be one-quarter of one percent of the selling price of all real property upon which this tax is imposed. C. Use of Proceeds. All proceeds from the tax imposed by this section shall be placed by the finance director/city treasurer, or authorized designee, in the City's capital project fund, with expenditures therefrom restricted solely to those uses permitted by state law; namely, for any capital purpose identified in a capital improvements plan and local capital improvements including those listed in RCW 35.43.040. Section 4. Amendment. Spokane Valley Municipal Code section 3.10.100 is hereby amended as follows: 3.10.100 Additional one-quarter percent excise tax on real estate sales. Ordinance 11- Finance Director/Treasurer Page 2 of 4 DRAFT A. Imposition. Pursuant to RCW 82.46.035,there is imposed an additional excise tax on each sale of real property constituting a taxable event as defined in Chapter 82.45 RCW, as the same now exists or may hereafter be amended. The tax imposed under this section shall be collected from persons who are taxable by the state under Chapter 82.45 RCW, as the same now exists or may hereafter be amended, and such tax shall comply with all applicable rules, regulations, laws and court decisions regarding real estate excise taxes as imposed by the state of Washington under Chapters 82.45 and 82.46 RCW,as the same now exist or may hereafter be amended. B. Tax Rate. The rate of tax imposed by this section pursuant to RCW 82.46.035, as the same now exists or may hereafter be amended, shall be one-quarter of one percent of the selling price of all real property upon which this tax is imposed. C. Use of Proceeds. All proceeds from the tax imposed by this section shall be placed by the finance director/city treasurer, or authorized designee, in the City of Spokane Valley's special capital project fund established under SVMC 3.10.170 and shall be used solely for financing capital projects,as specified in the capital facilities plan element of the City comprehensive plan approved by the city council. Section 5. Amendment. Spokane Valley Municipal Code section 3.15.040 is hereby amended as follows: 3.15.040 Administration and collection. I The finance director/city treasurer, or designee, is authorized and directed to contact the Washington State Department of Revenue to administer and collect the tax in accordance with RCW 82.29A.080. The city manager is authorized to enter into a contract with the State Department of Revenue for the administration, collection and disbursement of the taxes imposed herein, pursuant to RCW 82.29A.080.A copy of the contract shall be maintained on file in the office of the city clerk. The city clerk is further directed to transmit a certified copy of the ordinance codified in this chapter to the clerk of the board for Spokane County, the Washington State Office of Financial Management and the Department of Revenue. Section 6. Severability. If any section, sentence,clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary. Passed this day of August,2011. Ordinance 11- Finance Director/Treasurer Page 3 of 4 DRAFT Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 11- Finance Director/Treasurer Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 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: Draft Amendment #2 - 2011 Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: Admin. Report at February 8, 2011 Meeting on FTA- New Freedom Grant Application; Adopted Amended 2011 TIP on March 29, 2011, Resolution #11-003; Adopted the 2012-2017 Six Year TIP (which includes this project) on June 28, 2011, Resolution #11-005. BACKGROUND: Council adopted the Amended 2011 TIP based upon information staff had earlier this year. Since the adoption of the Amended 2011 TIP, staff submitted an application for the Federal Transit Administration's (FTA) New Freedom program and was awarded funding for the Sidewalk & Transit Accessibility Project. Staff plans to begin the design of the Sidewalk & Transit Accessibility Project later this summer so that it is ready for bid and construction early next year. Based on this information, it is recommended that the 2011 TIP be amended again to reflect the addition of this newly funded project. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Consensus to move this item as a Proposed Resolution for Council's August 23, 2011 meeting BUDGET/FINANCIAL IMPACTS: STA notified us recently that the amount of FTA New Freedom Grant funds available has been reduced due to previous commitments. See table below for a summary of the changes in funding for the Sidewalk & Transit Accessibility Project. Original Project Budget Current Project Budget New Freedom Grant Funds $252,000 $178,790 City Matching Funds (20%) $63,000 $44,698 Totals $315,000 $223,488 The 2011 budget has sufficient funds to accommodate this proposed addition to the 2011 TIP. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: Draft Amendment #2 - 2011 TIP City of Spokane Valley Department of Public Works P1 Amendment#2- 2011 Transportation Improvement Program Primary City Total 2011 Proj.# Project From To Source Amount Project Costs 1 0003 Barker Road Bridge @ Spokane River City $ 140,000 $ 140,000 2 0005 Pines/Mansfield Montgomery Pines(SR-27) City $ 500,000 $ 500,000 3 0088 Broadway Ave Reconstruction 180 ft. E of Moore Flora TIB-UAP $ 30,000 $ 150,000 4 0069 Park Road Project 2(PE Only) Broadway Indiana STP(U) $ 18,800 $ 139,000 5 0063 Broadway Ave Safety Project Pines(SR 27) Park TIB-UAP $ 171,000 $ 855,200 6 0112 Indiana Ave. Extension e/o Sullivan Flora TIB-UCP $ 215,400 $ 1,492,000 7 0060 Argonne Road Corridor Improvements 1-90 Trent CMAQ $ 93,000 $ 686,000 8 0113 Indiana/Sullivan Intersection PCC Indiana @Sullivan STA $ 242,000 $ 1,294,000 9 0061 Pines Corridor ITS Sprague Trent CMAQ $ 32,400 $ 240,000 10 0142 Broadway @ Argonne/Mullan Intersections PCC Broadway @Argonne/Mullan STP(U) $ 37,300 $ 276,300 11 0123 Mission Ave Improvement Project Flora Barker STP(U) $ 28,000 $ 207,000 STEP Paveback Various locations 12 0130 -Corbin(Received$330,733 CDBG Grant) CDBG $ - $ 82,000 13 0131 -Cronk City $ 16,100 $ 16,100 14 0129 -South Greenacres 3 City $ 7,000 $ 7,000 15 -South Greenacres 4 City $ 205,000 $ 205,000 16 0128 -West Farms City $ 97,000 $ 97,000 17 0151 -Green Haven($247,000 CDBG Grant Anticipated) City/CDBG $ 303,000 $ 550,000 18 0152 -Mica View City $ 250,000 $ 250,000 19 0141 Sullivan/Euclid PCC Intersection(PE/RW Only) Sullivan Euclid STP(U) $ 24,000 $ 175,000 20 0155 Sullivan West Bridge Sullivan @Spokane River BR $ 115,000 $ 574,000 21 0133 Sprague ITS University McDonald EECBG $ - $ 330,920 22 0139 Park Rd/BNSF Barrier Curb Trent(SR 290) Indiana WUTC $ 4,000 $ 39,000 23 0145 Spokane Valley-Millwood Trail(PE Only) SCC Valley Mall STP(E) $ - $ 186,000 24 0146 24th Avenue Sidewalk Project Adams Sullivan TIB-USP $ 19,650 $ 33,700 25 0148 Greenacres Trail(PE Only) Sullivan Hodges EECBG $ - $ 100,000 26 0135 Flashing Yellow Arrows Various locations EECBG $ - $ 33,550 27 0136 Traffic Signal LED Replacement Various locations EECBG $ - $ 74,000 28 0153 Broadway Ave.Overlay(Approx$88.7K CDBG grant) Park Vista City/CDBG $ 257,300 $ 346,000 29 0149 Sidewalk Infill Project Various locations CMAQ $ 24,000 $ 153,000 30 Mansfield Extension Project Pines(SR 27) Houk St. CMAQ $ 39,000 $ 288,000 31 0133 Sprague/Sullivan ITS McDonald/Sprague Sullivan/l-90 CMAQ $ 4,000 $ 30,000 32 Sidewalk&Transit Stop Accessibility Project Various locations FTA $ 6,800 $ 34,000 $ 2,879,750 $ 9,583,770 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Funded Projects Added Projects C:\Documents and Settings\sworley\Local Settings\Temporary Internet Files\Content.Outlook\YTQXEHVP\Amended 2011 TIP-#2.xls 8/3/2011 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Aug 9th, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2011 City Safety Grant Program GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: WSDOT Highways and Local Programs issued a call for projects under the City Safety Grant Program. This is a sub-category of the federally funded Highway Safety Improvement Program. The purpose of this program is to address fatal and serious collisions on city streets with a focus on intersection safety. Staff has prepared preliminary ideas for projects and is requesting input from Council prior to preparing the application. OPTIONS: Please let us know if you have questions or would like additional information. RECOMMENDED ACTION OR MOTION: None. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: 1. 2011 City Safety Grant Program presentation. 2011 City Safety Grant Program August 9th, 2011 Inga Note Neil Kersten Funding Details • Federal SAFETEA-LU funds (HSIP) • Only City Safety Program for 2009-2015 • $50 Million available • No match required • Invitational call • Schedule o Proposals due by 10/28/2011 o Funds obligated by 6/30/2015 Program Purpose 3 • To address fatal and serious collisions on city streets, with a focus on intersection safety. o Intersections o Corridors o Citywide ■ 4 Selection Criteria • Can receive funding for 3 Spokane Valley projects o Shared jurisdiction projects do not count towards total • Intersection and Corridor projects awarded based on a benefit/cost analysis. • Citywide funding awarded if program meets the criteria. Subprogram : Intersections One location : SR 27 / Grace Subprogram : Intersections 4-Lane With center turn lane Subprogram : Intersections 7 SR 27 / Grace Purchase property on the NW corner and remove sight obstruction . Subprogram : Corridors 1 . Argonne from 1-90 to Empire (Millwood) o Joint project with Millwood 2. SR-27 from 1-90 to Grace 3. Argonne from Broadway to Montgomery 4. SR 290 from Mission (Spk) to Fancher o Joint project but mostly in Spokane 5. Broadway from McDonald to Sullivan O Includes old 4-lane collision data Subprogram : Corridors 9 #1 - Argonne from Millwood to 1-90 - z .y • 4 • - 7� r . Yl•4. l I . .� I . L_. l.. is ` • Improve coordination plans • Connect Millwood signals • Sign a bike route Subprogram : Corridors #2 — SR 27 from 1-90 to Grace 211 We' Widen to 5 lanes : ... "'45142.9411 • 1. 337 - Subprogram : Corridors 11 #3 - Argonne from Broadway to Montgomery F •VA • 4. r a • { - -F...,....., r • ••' •I; 1- .� - 4 .; .Y••-e -' L4. . • .. 7 r 1 i ' • 4 4--i -F , riri n • ° ' + .h — •w ". .■ J i .d•..p_r.n ['F { I.e=,: -.i'. • Improve off-peak coordination • Sign a bike route Subprogram : Citywide • Eligible for $400,000 • Address intersection related collisions • Low-cost and widespread • Example treatments o Signing and striping o Access control o Illumination O Signal Timing 13 Citywide Ideas • Countdown signal heads • Install leading pedestrian intervals at some signals • Set some ped signals to "rest in walk" Citywide Ideas • Install crosswalk islands with "stop for pedestrian" • Rapid Flashing Beacons for uncontrolled crosswalks • Install illumination at crosswalks — LEDs? Citywide Ideas • Bike route signage and markings • Bike lane striping , signage, and legends ■■■ice a111111rrr11rrnn w �_��'±; _ 111111111.11 ENNIIMEMERRIIRTM lagairiiiiliffiliNES 11111••••••••••Elp ii•MIIIIIIMME• •1111111111M111 11111 let" FEERIMMIME M1111111111•111•11k MEM r # 111111111MOM 111••••••••111i IMMO A 4 ERVEN in ORR: 111111 •..II 44111111111111 Citywide Ideas II • Upgrade regulatory signs at intersections o STOP o No Left Turn ai 1.1.11111■ ME= u■EM•111111••11• 1•/» _1.■ . >•NiM INIIM ■■MISO■MIM11 1 1E.1• • • CCmum U MI •■•111 ■FA MEMEMMEMEI ARM i■■1■■■• 111■ ••■1■■11� •11•■ IHIHIKI!! ..11.1E••••• 1■•1•■! ■1 ■1••1■!• •iui��•uu •••• # R11 11•••••••• 11111 • 1 , r •11■1■1■■■ 1•• •11•1••• IIIi •••••••••• 1•A ■■••11 ■•■ ••■1111!1• •# � d �# u.11 ■U••IU• • .■.. .� ■■�� 1I Recommended Projects A. SR 27/Grace • widen to 5 lanes B. Argonne from 1-90 to Empire (Millwood) • Signals and timing c. Argonne from Broadway to Montgomery • Bike route signage and timing D. Citywide for $400,000 • Crosswalk improvements • Regulatory sign replacements Questions ? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: Aug 9th, 2011 Department Director Approval: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Request for Quiet Zone at Park Rd and Vista Rd Union Pacific Railroad Crossings GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Discussion at 10/26/2010,12/7/2010, 3/22/11, and 7/26/11 Council Meetings BACKGROUND: A group of neighbors in the northwest part of Spokane Valley submitted a petition in 2010 asking for the installation of a Quiet Zone at the Union Pacific Railroad (UPRR) crossings of Park Road and Vista Road. A Quiet Zone is a crossing that has been enhanced with additional safety measures and has been approved by the Federal Railroad Administration (FRA) as a location where trains are not required to blow their whistle. At the 12/07/2010 Council Meeting staff was asked to move forward by preparing a scope of work with an engineering firm to further evaluate the quiet zone. We selected a consultant from our roster and have attached their scope of work and fee. The scope of work includes stakeholder and neighborhood meetings, coordination with UPRR and FRA, evaluation of different improvement options, 90% design and cost estimates for the work, and filing of the preliminary paperwork with the FRA to establish the quiet zone. This scope would take the City to the point where a decision would need to be made on how to fund the required crossing improvements. The estimated fee for this work is $82,551. Staff has had some dialogue with the City of Millwood. Their Council is aware that we may move forward with the design and would like to be kept involved in the process and solutions. They are not interested in closing their crossing at Marguerite. They also have concerns about how a quiet zone at Vista would impact traffic flow on Euclid between the two jurisdictions. Concern was also expressed about the cost/benefit of the project as some citizens in the area have gotten used to the noise and are not bothered by the trains. Even if Park and Vista are made into quiet zones the trains would still use horns for the Marguerite and Argonne crossings. If the City desires to move forward with construction, then additional engineering, construction inspection, and coordination with UPRR and FRA would be required. This stage is not covered in the attached scope of work. At the July 26, 2011 Council meeting, council requested that staff research comments Council heard concerning possible improvement in this situation, and staff will report their findings. OPTIONS: Please let us know if you have questions or would like additional information. RECOMMENDED ACTION OR MOTION: Council consensus to place this on the Aug 23 agenda as old business to consider removing the previous motion from the table. BUDGET/FINANCIAL IMPACTS: $82,551 from Reserve Fund. Additional $50,000 - $500,000 per crossing if implemented. STAFF CONTACT: Neil Kersten, Public Works Director; Inga Note, Senior Traffic Engineer ATTACHMENTS: Scope of Work and Estimate City of Spokane Valley, WA Spokane V Zone Study cope and Fee Estimate i4 r 4 -ti1'. - '-1..1••••••:,•_ '• , `la y 1'1 - • • ■ ilo 8 c3 �11 :. � - 1. 'i ,. j. ," 11 1 --.J; , ir. . iii , . 7-It-qk (411' '' M'll - ON ` - F * - +!R� T -• . ' " Prepared by: • WI - . • ..' . . - -1(e . - • C.. 0 -- . • • DAVID EVANS : ; • -;.}, -.+ } � •AND ASSOCIATES INC. _' a March 7, 2011 - •'� • _ � - ® O DAVID EVANS AND ASSOCIATES INC. INTRODUCTION David Evans and Associates, Inc. (DEA) staff blends the skills, resources, and expertise necessary to evaluate the feasibility of establishing a quiet zone for the City of Spokane Valley. DEA offers highly qualified individuals with established experience in quiet zones and railroad crossing operational studies and design, as well as specific experience with complex railroad coordination. DEA also offers the most responsive project personnel available to provide the best client service. Led by Quiet Zone Project Manager, Susan Grabler, DEA will approach this project with enthusiasm, focus, and commitment. DEA will provide the City of Spokane Valley with comprehensive railroad operations and design experience, familiarity with railroad policies and practices, and a practical background in the implementation and funding of railroad projects. PROJECT UNDERSTANDING DEA understands that the City of Spokane Valley wishes to reduce train whistle noise in Union Pacific Main Line corridor at the Park and Vista crossings. A quiet zone study will identify the improvements, policies and strategies needed to accomplish quiet zone implementation while meeting federal and railroad requirements and given realistic potential funding sources. The timeline for the establishment of a quiet zone is highly variable, depending on the FRA, UPRR<and road authority requirements unique to each crossing. The schedule for the initial work up to the preliminary design is expected to be completed within six months of the start date for this project. Project Objectives DEA's approach to the quiet zone study will focus on early definition of project goals and identification of critical project elements that will need to be addressed in order to achieve these goals. Project objectives may include: • Building a strong and effective agency/public coordination program with all of the key stakeholders, such as the City of Spokane Valley and the Union Pacific Railroad (UPRR), the Washington Utilities and Transportation Commission (WUTC), and affected property owners. Project Manager Susan Grabler has a strong relationship with the UPRR. • Evaluating the critical elements associated with the project and developing solutions that will successfully address those issues and achieve the project goals. • Identifying potential project constraints, such as special railroad requirements, right-of-way constraints, utility impacts, and public concern early and developing a plan of action to efficiently comply with all regulations with minimal impact on the primary project objectives and schedule. • Developing an overall project design that achieves the project goals and provides the City of Spokane Valley with an enhanced transportation district. Recommended Project Phasing Phasel—Quiet Zone Study and Preliminary Design Phase one includes the work covered by this contract. The DEA team will analyze all of the FRA supplemental safety devices for each Phase of the quiet zone study to determine the best and safest alternate for each crossing. DEA will assist the UPRR and all regulatory agencies necessary to obtain approvals for the quiet zone. Project Manager Susan Grabler spent 24 years as the Public Project Manager for the UPRR. In that position Susan has worked with and negotiated numerous public projects through the regulatory agencies in several states and numerous public agencies. 1 City of Spokane Valley Spokane Valley Quiet Zone Study ® O DAVID EVANS AND ASSOCIATES INC. Susan is familiar with the processes at each agency and has a track record for successfully completing several challenging projects throughout her career. Susan will be able to provide the City of Spokane Valley with a "Letter of Intent", which needs to be filed with the FRA once the quiet zone corridor has been selected. DEA will assist the City with the implementation of the quiet zone by making sure the preliminary analysis of each crossing is complete and concise before the actual diagnostic meetings are held. Once the diagnostic meetings are completed, DEA will compile the information and run the FRA calculations for each crossing, and prepare the "Letter of Intent" to be filed with the FRA. Susan Grabler has the experience and knowledge to keep the project moving along, and will also work with the stakeholders to make sure there are no unknown issues; as any unknown issues can derail the quiet zone process and delay the implementation. DEA will provide preliminary design plans to 90% completion for the improvements needed to complete the quiet zone. With such modifications as raised medians with channelizing devices, new crossing systems and gates, and potential road closures, DEA will complete a set of plans for review by the City and UPRR for submittal to the FRA. In conjunction with the analysis and preliminary design, DEA will coordinate the approval process through the railroad company and the FRA. The FRA reviews and analyzes all quiet zone projects and proposed changes annually with statistical information as well as input from stakeholders during the quiet zone process. Phase 2- Implementation Subsequent to the completion of the items contained within this scope of work,the City may select a consulting firm to develop final design drawings, and provide construction assistance as necessary for the City and railroad approved improvements to implement the quiet zone. DEA is a multi-disciplined engineering and planning firm and we can plan, design, estimate and support a quiet zone project during design and construction after the City has received approvals from the FRA, WUTC, UPRR and other stakeholders on the required improvements. Critical Issues There are several critical issues/challenges associated with this project that must be successfully addressed in order to achieve the project objectives and goals, as addressed in the following tasks. Our approach to the City of Spokane Valley Quiet Zone Study is to work collaboratively with the City and other stakeholders to develop a document that achieves the technical, fiscal, and implementation objectives. Our key staff has successfully completed many projects similar in scope. Through this experience, we have developed a technical and management approach that blends our understanding of jurisdictional and agency procedures with specific project requirements. Because we see the "big picture" of both the immediate tasks at hand and the overall objectives, we can provide an approach to meet project schedules within fiscal constraints while delivering the highest quality work. PROPOSED SCOPE OF WORK Task 1—Data Collection and Assessment The project will begin with the collection and inventory of data relating to the crossings from the Federal Railroad Administration (FRA) and the UPRR. This information will be used in subsequent tasks to evaluate the crossings for improvements to bring them in compliance with Quiet Zone requirements. Also during this task, an assessment of the adjacent crossings in the City of Millwood (Margeurite and Argonne) will be conducted and coordination will take place to determine if the crossings will be included in the quiet zone. In the event that the Margeurite and Argonne crossings are to be included, negotiations would be necessary with the City of Millwood to provide funding for the analysis of those crossings. 2 City of Spokane Valley Spokane Valley Quiet Zone Study ® O DAVID EVANS AND ASSOCIATES INC. Task 2—Field Review Engineering and design personnel will visit the sites to familiarize themselves with geometric, safety, operational and environmental conditions related to the crossings prior to beginning the design of proposed improvements. There is currently a planned shared use pathway (Millwood Trail) that will interact with this section of the railroad. The field review would include consultation with Craig Aldworth to determine the location and impact of the proposed trail. Task 3—Summary of Legal Issues DEA will develop a summary of the legal issues that accompany the establishment of a quiet zone. This summary will be submitted to the City for review and included as an appendix in the final report. The legal summary will include such topics as indemnification and the City's liability in relation to the crossings in the quiet zone provided as a list and not intended as legal advice. Task 4—Survey Also to be completed prior to the design tasks, a topographic survey will be conducted to establish a base from which to begin design of proposed improvements. The survey will gather data related to road edges, centerlines, train rails, signals, traffic control, and one-call utility locates for the two crossings in the City of Spokane Valley: Park Road and Vista Road. It is assumed that coordination with the railroad will be done by the DEA Project Manager. Through coordination with the City of Millwood, additional survey efforts may be necessary and would be funded through the City of Millwood. Task 5—Documentation Based on the field review and data collection, the sites will be documented within the FRA database for compliance with the Quiet Zone requirements. A brief technical memorandum will be prepared summarizing the sites and their requirements. Task 6—Analysis of Safety Measures Once components of the crossings have been entered into the FRA system, potential safety measures will be identified and evaluated for inclusion in the Quiet Zone. Potential measures include Supplementary Safety Measures (SSM) and Alternative Safety Measures (ASM) as included in the Use of Locomotive Horns at Highway- Rail Grade Crossings; Final Rule. The five SSMs include temporary closure, four-quadrant gates, gates with medians or channelization, and one-way street with gates, and permanent closure. ASMs are a safety system or procedure other than an SSM that is reviewed and decided to be an effective substitute for the locomotive horn. Examples include modified SSMs, non-engineering ASMs (enhanced enforcement), or engineering ASMs. It is understood that it is the City's intention to keep adjacent street open to travel if possible. As such, combinations of SSMs and ASMs will be considered to accomplish this. Task 7—Quiet Zone Feasibility Evaluation Based on the evaluation of the safety measures and site-specific information, the feasibility of a Quiet Zone at the crossings will be evaluated. This includes data entry to the FRA database for a safety rating based on the proposed safety measures. With the current configuration of the UPRR crossings it will be difficult to meet all Federal regulations to establish a quiet zone without some modifications to the crossings. One of the Federal requirements to establish a quiet zone is that all driveways within 60-feet of a railroad-highway crossing must be closed. Several options will need to be evaluated as potential solutions to mitigate the issue and meet the quiet zone requirement at each of the actual roadway crossings. Curb and gutter or a concrete barrier may be constructed on the approaches to the tracks. 3 City of Spokane Valley Spokane Valley Quiet Zone Study ® O DAVID EVANS AND ASSOCIATES INC. Due to the proximity of the adjacent crossings in Millwood, the train horns would still be heard through the quiet zone at a reduced volume. Although they are far enough away not to be included, the feasibility of their inclusion will be evaluated and subsequent coordination with Millwood officials will be pursued, if necessary. The FRA rules and regulations require that all crossings in a proposed quiet zone corridor be funded 100% by the local entity requesting the quiet zone. Typically, Federal funding has not been used to fund quiet zone improvements. Further research will be necessary to investigate all funding options. DEA has successfully worked with other communities on creative strategies which may be negotiated with the railroads. For example, the City and DEA may identify existing at-grade crossings which could be closed and approach the railroad with this proposal. The railroad has a program whereby they will pay the road authority for the closure of redundant public at-grade crossings, thereby offsetting a portion of the cost of improvements to the remaining crossings. Task 8—Diagnostic Review and Agency Coordination DEA's Project Manager will coordinate contact with the FRA and UPRR throughout the project to identify conflicts or concerns and effectively address them. A full diagnostic review is required with all of the major stakeholders at each of the at-grade highway-railroad crossings in any proposed quiet zone corridor. If it is determined at the diagnostic review that a railroad signal installation or roadway improvements are required, then the railroad signal system design and estimate as well as actual installation can typically take 12-18 months from the date of the on-site diagnostic. In addition, any roadway improvements, including installation of curb and gutter, driveway closures, utility relocations and other civil improvements, must be designed, estimated and installed before a quiet zone can be implemented. Coordination and effective communications with the UPRR throughout the process is critical. Project Manager, Susan Grabler will facilitate this process and keep it moving to meet the City's timeline. Task 9—Conceptual Railroad Signal Cost Estimate As part of the upgrades to the crossings, a new signal and gates will be necessary at Park Road to meet Quiet Zone requirements for gates, lights, constant warning time devices and power out indicators. In addition, depending on the age and functionality of the components of the Vista Road crossing, it is possible that a new signal or additional gates would need to be installed there, as well. UPRR will provide a cost estimate for the signal components necessary to meet these criteria. Task 10—Conceptual Roadway and Crossing Improvements Potential improvements to the site to meet Quiet Zone requirements include some aspects of roadway improvements, such as a raised median and channelizing devices. In order to establish a quiet zone, the roadway must be improved in such a way that vehicles cannot enter the crossing when a train is present and the signal is active. The recommended improvements at the crossings will be displayed in a conceptual design for presentation to the Client for approval. Task 11—Draft and Final Reports A draft report will be submitted to the City in electronic form summarizing the Quiet Zone study process and results. It is expected that the City will have two weeks to review the draft report and return comments to DEA. In turn, DEA will prepare a final report for submittal. The Final Report will consist of two hard copies as well as an electronic copy. 4 City of Spokane Valley Spokane Valley Quiet Zone Study ® O DAVID EVANS AND ASSOCIATES INC. Task 12—Presentations and Public Involvement During the early stages of the project, DEA will conduct a stakeholders meeting; most likely in coordination with the field review task. In conjunction with the completion of Task 9, DEA will present the conceptual design and cost estimate to the City Council for comment and approval prior to completing the preliminary design. In addition, DEA will lead one public meeting to inform residents of the process and address comments and concerns of the residents. It is possible that the improvements may include street closures at intersections immediately adjacent to the crossing. DEA will provide alternative options to the closures and facilitate discussion regarding the options at the public meeting. It is expected that the meeting will occur in conjunction with Task 6—Quiet Zone Feasibility Evaluation, so that public comment may be considered prior to the commencement of the design phase A key to the success of this project will be to engage the many affected stakeholder agencies in an open, coordinated project development process that begins with mutual project definition and continues through completion of the project. Coordination, communication, and documentation are essential. This approach requires that each entity that has jurisdictional approval authority, such as the FRA, WUTC, SRTC, and emergency service providers, participate in a committed and consistent manner throughout the entire project development process. This is an essential element in creating an efficient process. Our first priority in agency coordination will be to seek a thorough understanding of all of the project issues. Our approach seeks effective and efficient agency coordination through an early and continuous communications process. We will keep all agencies and stakeholders "in the loop" throughout the project in order to minimize procedural oversights and to avoid overlooking significant project elements or requirements. Regular coordination meetings with the City and other agencies and stakeholders will be held throughout the duration of the project. The coordination process must be effective and focus dually on keeping the City staff and the UPRR informed and building consensus on the study. Based on our prior experience with similar projects, we envision close interaction with City staff, including formal preliminary and final reviews of the quiet zone study. It is anticipated that three meetings will be scheduled to be integrated strategically within the study process. Task 13—Preliminary Design and Cost Estimate As presented in the approved conceptual design, the 90% preliminary design of crossing improvements will include the plan sheets necessary to construct the improvements and a project cost estimate. The preliminary design will be contingent upon a defined set of improvements and it may be necessary to delay the completion of this task until after the approval process is complete. It is assumed that the improvements included in the design will include all or part of the following: raised median with channelizing devices, active warning systems with crossing gates, four quadrant gate systems, concrete curb and gutter, asphalt pavement, roadway closure and obliteration, and advanced warning signage. This submittal will include a detailed engineering estimate based on the recommended improvements to be installed. Task 14—Coordination of Approval Process Following the submittal of the letter of intent to the FRA, DEA will continue administrative support of the quiet zone process as it progresses through agency approval. Susan will be available during this period to address concerns by either the City or the UPRR until the final decision has been made by the FRA. Based on DEA's prior experience on similar quiet zone projects, we know that we need to identify the City's public safety concerns as well as the Railroad's safety concerns, making sure that the safest quiet zone possible is established. Additionally, we will make sure that all Federal Railroad Administration (FRA) processes are considered and in place for the City to file its quiet zone "Letter of Intent" with the FRA. Identifying and establishing positive solutions to the railroad's infrastructure are a critical element to this process as are the 5 City of Spokane Valley Spokane Valley Quiet Zone Study ® O DAVID EVANS AND ASSOCIATES INC. unique processes that the railroads use to implement public projects. DEA will coordinate the process with the railroad agencies throughout this process for the City. In addition, it is likely that the City of Millwood will want to include their crossings in the quiet zone. This task will also encompass the coordination with that jurisdiction as needed to complete the quiet zone process. Task 15—Miscellaneous Tasks Other task such as accounting and administration, preparation of presentation materials, and travel to the site will be completed commensurate with project progression. If required, Susan Grabler would make up to two trips for meetings with City staff. It is anticipated that these trips will be coordinated with the public involvement efforts. KEY PERSONNEL Susan Grabler, Project Manager Susan Grabler is the Mountain West Regional Rail Manager in the DEA Denver office and will serve as the Project Manager and the administrative point of contact for this project. She will be responsible for team coordination, project schedule, and overall management of the tasks within this project. Susan has experience with all aspects of the project, including railroad engineering, quiet zone documentation, railroad coordination, and railroad project funding. This hands-on experience will provide project efficiency as Susan can usefully contribute to the team tasks as well as manage the overall project. She also has strong interpersonal skills that will prove to be invaluable for the success of this project. Other key personnel and their anticipated roles are described below. Our team organization chart is located at the end of this section. Ms. Grabler has more than 38 years of railroad engineering experience both working for a Class 1 Railroad and in the private sector. Her experience includes ten years of railroad track design, as well as general railroad engineering experience. She has managed hundreds of public projects over a 24 year period working as a Manager of Industry and Public Projects for UPRR in nine states and has facilitated the administration of at-grade and grade separation public projects from inception to completion. She has participated in all phases of the railroad process and assisted city, county, and state authorities to move their projects through the railroad administration and construction process. Susan has served on several technical advisory committees where the railroad was an integral part of the transportation studies. She is an active member of Committee 36 (Communications and Signal Committee) of the American Railroad Engineering and Maintenance of Way Association. Susan has managed several quiet zone studies including San Diego, California, Sheridan, Wyoming, and Douglas County, Colorado. While working for the UPRR, Susan participated in several on-site diagnostic reviews of proposed Quiet zones for the Town of Winter Park, the City of Brighton and the City of Arvada. Jerremy Clark,PE, Traffic Engineering Mr. Clark has led the efforts to date for the proposed quiet zone projects as part of his three years of ongoing traffic work with the City of Spokane Valley. With a background of nine years in the engineering field, he has extensive experience in a range of projects from sidewalks to highways.Through the past five years of his experience in traffic engineering, Jerremy has served both planning and design roles in numerous projects including traffic signals and roadways. Through his work with the City of Spokane valley, Jerremy has led such tasks sight distance studies, operational analyses and coordination optimization along City corridors, and traffic design relative to Capital Projects. Jerremy will be the primary local contact for the project, assisting DEA's project manager and providing support and coordination through preliminary design. Jerremy will also staff any needed City Council interaction. 6 City of Spokane Valley Spokane Valley Quiet Zone Study 1 O DAVID EVANS AN°ASSOCIATES.NC. Kevin Picanco, PE, Traffic Engineering Mr. Picanco is a senior transportation engineer with more than 17 years of engineering and transportation planning experience. His professional experience spans many aspects of transportation including roadway and freeway transportation planning, traffic engineering, and roadway and freeway design. His recent professional focus has been on roadway and channelization design, transportation planning studies, traffic operational analysis, traffic impact studies, traffic signal design, and site access and circulation evaluation. Kevin has managed numerous roadway design projects including projects with railroad crossing improvements. Carole Richardson, PE, Quality Assurance Ms. Richardson has 23 years of experience in transportation planning, engineering and management, emphasizing multi-modal studies and projects. Richardson is a talented group facilitator and skilled presenter, capable of explaining complex issues in terms that decision-makers and the public can easily understand. She is also a seasoned veteran in the realm of transportation funding, and her prior experience with the Bridging the Valley project provides her with a good handle on crossing issues related to the Union Pacific Corridor. As DEA's quality assurance manager, Carole's role is to ensure that the City gets the best from the DEA team, and that DEA's quality and value exceed the City's expectations. 7 City of Spokane Valley Spokane Valley Quiet Zone Study ODAVID EVANS ANOASSOCIATES.NC. REFERENCES Union Pacific Railroad(UPRR) `I have had the pleasure of working with David Evans and John Trumbull Associates'railroad, bridge, and roadway engineers on Retired Industry and several occasions.In each instance,DEA coordinated with Public Projects Manager UPRR to prepare designs that were sensitive to our 2020 South West 4th Avenue, 3rd Floor standards,procedures, requirements and operations. This Portland, OR 97201-4958 included close communication with railroad personnel throughout each project. (503) 736-4135 DEA's creativity in finding solutions that keep the project's BNSF Railroad best interests at heart, while meeting our needs and those of Andy Amparin, Manager Public Projects their clients in each case, has gone above and beyond the 4515 Kansas Avenue call of duty." Kansas City, KS 66106 -John Trumbull (913) 551-4964 Town of Sheridan, Wyoming Nic Bateson PO Box 848 Sheridan, WY 82801 (307) 674-6483 extension 248 Douglas County, Colorado Fred Cook 100 Third Street Castle Rock, CO 80104 (303) 660-7490 8 City of Spokane Valley Spokane Valley Quiet Zone Study o( YY DAVID EVANS °°ASSOCIATES°N°. CITY OF SPOKANE VALLEY-RAILROAD QUIET ZONE STUDY REPORT Consultant Labor Hours TASK DESCRIPTION Project Por'"lpal Principal Manager Engineer I Engineer II Engineer Senior DCSigner Survey 2-Person Manager Survey Crew Survey Project Technician Assistant T tal T k H Labor Total Greer Costs Total Cost Grabler Richardson Picanco Clark Pierce Zimmerman Denton $ 17400 5 14800 $ 145.00 ®i $ 105.00 $ 140_00 ®i $ 80 00 EgMEI i ©-- ---- -- -- ® $ 348 00 - -C ® $ 398.00 ©-- ---- -- ® 5 348.00 ® S 348.00 2. Field Review -- = i ��-- --IT S 6,184.00 FIM S 6,184.00 -- ®--- --I® S 1,474_00 IIM S 1 474.00 -®®®-I® $ 4,53500 C $ 4,535 00 --- -- ®--- --® $ 1,822.00 IIM S 1,822.00 EiMiZEMEM ®-® ®--- --I® $ 1,70600 C $ 1,706.00 ®®- ®--- --I® $ 2,40200 121M S 2,402.00 0-- ®--- --I® $ 2,41600 IIM S 2,416.00 0------ --INZIE=I® S 1,392.00 ®®----IEMM:11®S =1 0-- ®�� ®--- --I® $ 7,684.00 liiM S 7,684.00 ©- ©--- -- $ 2,054.00 EIM S 2,054.00 ®®- ®--- -- EMEI© C Pre•are and facilitate•ublic moesin. ® 5 5,648.00 IZIM 5 5,648.00 1 ®®----I® S 11,26400 C $ 11,264.00 -- -----U $ 25,18000 liM S 25,180.00 Re•ro.ra.hics Re•ort Production Presentation Materials --- ---- -- • liiM S 500.00 $ 500.00 ®EI1515[01 C ©--0--- -®® $ 1,01300 C $ 1013.00 36 12 182 92 4 16 16 6 590 5 80,279.00 5 2,271.90 S 82,550.90 City of Spokane Valley o( YY DAVID EVANS °°ASSOCIATES°N°. CITY OF SPOKANE VALLEY-RAILROAD QUIET ZONE STUDY REPORT Consultant Labor Hours TASK DESCRIPTION Project Por'"lpal Principal Manager Engineer I Engineer II Engineer Senior DCSigner Survey 2-Person Manager Survey Crew Survey Project Technician Assistant T tal T k H Labor Total Greer Costs Total Cost Grabler Richardson Picanco Clark Pierce Zimmerman Denton $ 17400 5 14800 $ 145.00 ®i $ 105.00 $ 140_00 ®i $ 80 00 EgMEI i ©-- ---- -- -- ® $ 348 00 - -C ® $ 398.00 ©-- ---- -- ® 5 348.00 ® S 348.00 2. Field Review -- = i ��-- --IT S 6,184.00 FIM S 6,184.00 -- ®--- --I® S 1,474_00 IIM S 1 474.00 -®®®-I® $ 4,53500 C $ 4,535 00 --- -- ®--- --® $ 1,822.00 IIM S 1,822.00 EiMiZEMEM ®-® ®--- --I® $ 1,70600 C $ 1,706.00 ®®- ®--- --I® $ 2,40200 121M S 2,402.00 0-- ®--- --I® $ 2,41600 IIM S 2,416.00 0------ --INZIE=I® S 1,392.00 ®®----IEMM:11®S =1 0-- ®�� ®--- --I® $ 7,684.00 liiM S 7,684.00 ©- ©--- -- $ 2,054.00 EIM S 2,054.00 ®®- ®--- -- EMEI© C Pre•are and facilitate•ublic moesin. ® 5 5,648.00 IZIM 5 5,648.00 1 ®®----I® S 11,26400 C $ 11,264.00 -- -----U $ 25,18000 liM S 25,180.00 Re•ro.ra.hics Re•ort Production Presentation Materials --- ---- -- • liiM S 500.00 $ 500.00 ®EI1515[01 C ©--0--- -®® $ 1,01300 C $ 1013.00 36 12 182 92 4 16 16 6 590 5 80,279.00 5 2,271.90 S 82,550.90 City of Spokane Valley CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Solid Waste Discussion GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Discussion of solid waste disposal issues and options: • Proposed Regional Solid Waste Management Alliance. • Interlocal Agreement between City of Spokane, Spokane County and Spokane Valley dated 5-27-03. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS: 1. Proposed Regional Solid Waste Alliance, Proposed Interlocal Agreement for Solid Waste Disposal Service, drafted by Solid Waste Summit Task Force and Spokane County 2. Interlocal Agreement Between the City of Spokane, Spokane County and the City of Spokane Valley, recorded file #4940682, dated June 19, 2003 Prepared by Spokane CountySolid Waste Summit Task Force (DRAFT OF MAY 25,JUNE 24 2011 INTERLOCAL COOPERATION ACT AGREEMENT FOR SOLID WASTE HANDLING, TRANSFER AND DISPOSAL BY THE SPOKANE REGIONAL SOLID WASTE MANAGEMENT ALLIANCE by and among City Airway Heights, City of Cheney, City of Deer Park, City of Fairfield, City of Latah, City of Liberty Lake, City of Medical Lake, City of Millwood, City of Rockford, City of Spangle, , City of Spokane Valley, City of Waverly, and Spokane County ,2011 Prepared by Spokane County TABLE OF CONTENTS Page ARTICLE I RECITALS 2 ARTICLE II PURPOSE AND SCOPE 2 SECTION 2.1 PURPOSE OF AGREEMENT 2 SECTION 2.2 COMMITMENT&ACCESS TO JOINT FACILITIES 2 SECTION 2.3 CONTRACT DOCUMENTS 2 SECTION 2.4 DEFINITIONS 32 ARTICLE III NONPROFIT CORPORATION GOVERNANCE 42 SECTION 3.1 SOLID WASTE MANAGEMENT ALLIANCE 42 SECTION 3.2 POWERS 42 SECTION 3.3 PUBLIC AGENCY ACCOUNTABILITY 52 SECTION 3.4 NO EFFECT ON MEMBER POLICE POWERS 52 SECTION 3.5 SWMA BOARD 62 SECTION 3.6 SWMA VOTING 62 SECTION 3.7 LOCAL GOVERNMENT REVIEW AND COMMENT g2 SECTION 3.8 COMMITTEES $2 SECTION 3.9 BOOKS AND RECORDS g2 ARTICLE IV SWMA FINANCE S2 SECTION 4.1 SWMA RATES&CHARGES g2 SECTION 4.2 MEMBER COVENANTS TO EXERCISE FLOW CONTROL AND MAKE PAYMENTS g2 SECTION 4.3 MEMBER COVENANTS TO MAINTAIN CHARGES $2 SECTION 4.4 MEMBER BONDS 92 SECTION 4.5 SWMA BILLINGS AND PAYMENTS 92 SECTION 4.6 TAXES 92 SECTION 4.7 ADMINISTRATIVE AND TREASURY SERVICES 92 SECTION 4.8 SWMA BUDGETING 4-92 ARTICLE V SOLID WASTE TRANSFER, DISPOSAL AND RECYCLING 442 SECTION 5.1 SWMA SERVICE OBLIGATION IN SERVICE AREA 442 SECTION 5.2 MEMBER OBLIGATION TO DELIVER FLOWS 442 SECTION 5.3 SWMA SYSTEM CAPACITY 442 SECTION 5.4 MEMBER OPTIONS IN THE EVENT OF CAPACITY CONSTRAINT 442 SECTION 5.5 COMMITMENT TO SUPPORT WASTE REDUCTION 422 SECTION 5.6 INTEGRAL INVOLVEMENT OF SWAC 422 ARTICLE VI SWMA COOPERATION IN MANAGEMENT& DEVELOPMENT OF SOLID WASTE FACILITIES 2 SECTION 6.1 RESPONSIBILITY FOR JOINT FACILITIES AND LOCAL SYSTEMS 4-32 -1- 51151049 5 Prepared by Spokane County Page SECTION 6.2 RELATIONSHIP TO LOCAL PLANNING 42 SECTION 6.3 MEMBER COMMITMENTS TO ASSIST SWMA 432 ARTICLE VII STATE ENVIRONMENTAL POLICY ACT 442 SECTION 7.1 COORDINATION OF ENVIRONMENTAL REVIEW& SEPA REQUIREMENTS 4-42 SECTION 7.2 SEPA COMPLIANCE 4-42 SECTION 7.3 RETENTION OF SUBSTANTIVE AUTHORITY 442 ARTICLE VIII LEGAL RELATIONS 452 SECTION 8.1 EFFECTIVE DATE&TERM OF AGREEMENT 452 SECTION 8.2 MEMBER WITHDRAWAL AND REMOVAL 452 SECTION 8.3 ADDITION OF MEMBERS 452 SECTION 8.4 AMENDMENT OF AGREEMENT AND ORGANIZATION 452 SECTION 8.5 NOTICE 462 SECTION 8.6 RESOLUTION OF LEGAL DISPUTES 4-62 SECTION 8.7 ARBITRATION. 472 SECTION 8.8 MEMBER OBLIGATION PENDING RESOLUTION OF DISPUTES 472 SECTION 8.9 SURVIVAL OF OBLIGATIONS 472 SECTION 8.10 INTERPRETATION OF AGREEMENT 4-82 SECTION 8.11 WAIVER 482 SECTION 8.12 REMEDIES 4-82 ARTICLE IX COOPERATION THROUGH CONSOLIDATION PERIOD 482 SECTION 9.1 COORDINATION: SWMA BOARD&THE COUNTY AND CITY OF SPOKANE 182 SECTION 9.2 ADMINISTRATIVE AND TREASURY SERVICES CONTRACT WITH SPOKANE 4-92 SECTION 9.3 CONSOLIDATION PRINCIPLES AND OBJECTIVES 4-92 SECTION 9.4 CONSOLIDATION EVENT 4-92 ARTICLE X APPROVAL AND EFFECTIVE DATE 4-92 SECTION 10.1 EXECUTION AND APPROVAL 4-92 SECTION 10.2 IMPLEMENTATION 202 -11- 51151049 5 Prepared by Spokane County INTERLOCAL COOPERATION ACT AGREEMENT FOR SOLID WASTE HANDLING, TRANSFER AND DISPOSAL BY THE SPOKANE REGIONAL SOLID WASTE MANAGEMENT ALLIANCE THIS INTERLOCAL COOPERATION ACT AGREEMENT FOR SOLID WASTE HANDLING,TRANSFER AND DISPOSAL BY THE SPOKANE REGIONAL SOLID WASTE MANAGEMENT ALLIANCE ("Agreement") is entered into by and among the City Airway Heights, Washington ("Airway Heights"), the City of Cheney, Washington ("Cheney"), the City of Deer Park,Washington("Deer Park"), the City of Fairfield,Washington ("Fairfield"), the City of Latah, Washington("Latah"), the City of Liberty Lake,Washington ("Liberty Lake"), the City of Medical Lake,Washington("Medical Lake"),the City of Millwood,Washington("Millwood"), the City of Rockford,Washington("Rockford"),the City of Spangle,Washington("Spangle"),the City of Spokane, Washington ("Spokane"), the City of Spokane Valley, Washington ("Spokane Valley"), the City of Waverly, Washington ("Waverly") and Spokane County, Washington ("County")pursuant to Chapter 39.34 RCW. The parties are individually referred to as"Member" and collectively as the"Members." The Members agree as follows: ARTICLE I RECITALS Section 1.1 Under the broad governmental authority granted to cities and counties over solid waste,including Act XI, §1 1 of the State Constitution and RCW 35.21.156 and 36.58.040, certain incorporated cites in the County, together with the County, desire to enter into an interlocal cooperation agreement allowing for the formation of a new entity to manage solid waste transfer, disposal and recycling services. Section 1.2 The Members in this endeavor have concluded that the most efficient and equitable way to come together to operate this new solid waste management entity is to form a non-profit corporation under the authority of RCW 39.34.030(3)(b). Section 1.3 The Members have agreed that an independent,public,nonprofit corporate entity should be established pursuant to Chapter 24.06 RCW to enable the Members to engage in coordinated solid waste handling and disposal, recycling, and other activities including the ownership, operation and maintenance of joint use facilities, in response to the current and future Solid Waste Management Plan for Spokane County. Section 1.4 The Members will exercise control of the new non-profit corporate entity, called the "Spokane Regional Solid Waste Management Alliance" ("SWMA"), through appointment of board members by and from their legislative bodies, who will represent their respective local governments. Section 1.5 While the County will remain responsible under RCW 70.95.080 for preparing a Comprehensive Solid Waste Management Plan for the County, the Plan will be prepared with the participation of the SWMA Members and an expanded Solid Waste Advisory Committee. Section 1.6 The SWMA Members will enforce municipal flow control powers to effect the transfer and disposal and recycling components of the Comprehensive Solid Waste Management Plan. -1- 51112918.3 51151049 5 Prepared by Spokane County Section 1.7 When not otherwise supported by rate revenues, the SWMA Members individually will fund proportional shares of capital investments of the SWMA, by population until such time as the public non-profit corporation formed pursuant to this Agreement is authorized to and has issued tax exempt municipal bonds or other forms of indebtedness in its own name. Additionally, the SWMA Members individually will fund proportional shares of operation expenses of the SWMA through payment obligations set forth in this Agreement. ARTICLE II PURPOSE AND SCOPE Section 2.1 PURPOSE OF AGREEMENT- 2.1.1 The purpose of this Agreement is to provide for a new governance structure to contract for the services and construction necessary to develop and manage new joint use facilities in response to the current and future Comprehensive Solid Waste Management Plan for Spokane County. 2.1.2 The Members shall form a new public, nonprofit corporate entity, to be known as the Spokane Regional Solid Waste Management Alliance ("SWMA"),pursuant to chapters 39.34 and Chapter 24.06 RCW. The SWMA shall be solely controlled by Member representatives and its primary function shall be to carry out the public purposes expressed in the Solid Waste Management Plan for Spokane County and this Agreement, as both may be amended or supplemented from time to time. The Members intend for the SWMA to function as a regional agency that provides regional solid waste services, including transfer, disposal and recycling - .. - , •- .. :; transportation; disposal; collection, as may be authorized by separate contract with a member or members authorized to engage in solid waste collection;recycling; and certain financial resources for closed landfills under adopted closure and post-closure plans. Section 2.2 COMMITMENT &ACCESS TO JOINT FACILITIES Consistent with the Comprehensive Solid Waste Management Plan for Spokane County and with this Agreement, the Members shall and hereby commit to direct all solid waste in their local systems or under regulatory control to the transfer and disposal and recycling facilities designated by the SWMA. Each Member foregoes the opportunity to plan for and individually transfer or dispose of its solid waste. Because this Agreement and the Comprehensive Solid Waste Management Plan for Spokane County contemplate that all Members will be using joint facilities and because most, if not all, Members will be transporting, or otherwise regulating, solid waste subject to their local systems through the political jurisdictions of one or more other Members,the Members declare and confirm. 2.2.1 that this Agreement is not intended as an instrument to permit one Member to control the solid waste collection services of another Member; and, 2.2.2 that each Member will cooperate to provide the others with access for solid waste transport and transfer to joint facilities. -2- 51112918.3 51151049 5 Prepared by Spokane County Section 2.3 CONTRACT DOCUMENTS The following exhibits are incorporated by reference into this Agreement as though fully set forth herein: Exhibit A Articles of Incorporation of SWMA Exhibit B Bylaws of SWMA Exhibit C Administrative and Treasury Services Contract Section 2.4 DEFINITIONS For purposes of this Agreement,the following terms shall have the meanings set out below. 2.4.1 "Alliance"means the SWMA. 2.4.2 "Closed Landfill" means each of the Spokane County Colbert, Greenacres and Mica landfills. 2.4.3 "Consolidation" means the point at which the SWMA has been formed and is capable of functioning as an independent agency. 2.4.4 "Debt Service" means the principal of, interest on, sinking fund requirements, reserve account requirements and any coverage requirement required by a resolution authorizing the issuance of SWMA debt. 2.4.5 "Executive Director" shall mean the chief executive officer or other person identified by the SWMA Board to be the head of the SWMA. 2.4.6 "Joint Facilities" means transfer, disposal and recycling facilities developed by or under contract to SWMA. 2.4.7 "Joint Facilities Maintenance and Operation Expenses" means all costs and expenses relating to and properly chargeable to the operation and maintenance of the Joint Facilities, whether directly or by contract, including taxes and"in lieu of taxes" chargeable to the operations of the Joint Faculties plus administrative overhead expenses, and any other similar costs chargeable to the Joint Facilities. 2.4.8 "Local Collection System" means solid waste collection systems that are operated by or under contract with one of the SWMA Members or by a municipality that is not a SWMA Member. 2.4.9 "Plan" means the Comprehensive Solid Waste Management Plan for Spokane County dated September 15, 2009 and as may be amended from time to time. 2.4.10 "SWMA"means the SWMA created by this Agreement, and the non-profit corporation to be created by the Members pursuant to Chapter 24.06 RCW. -3- 51112918.3 51151049 5 Prepared by Spokane County 2.4.11 "SWMA Board" or"Board of Directors"means the board of directors created pursuant to Chapter 24.03 RCW to manage and oversee the SWMA non-profit corporation. 2.4.12 "SWMA Debt"means any notes,bonds or other obligation of the SWMA issued to finance or refinance improvements, betterments, or extensions to Joint Facilities or any other costs related to the SWMA System. 2.4.13 "SWMA System" means all Joint Facilities that are owned, managed, operated, or controlled by one or more of the Members or by SWMA or that are used or useful in the performance of SWMA's functions, 2.4.14 "Solid Waste"means solid waste as defined by RCW 70.95.030(22). 2.4.15 "Spokane Regional Solid Waste Management Alliance"or"SWMA"means the non-profit corporation to be created by the Members pursuant to Chapter 24.06 RCW and this Agreement. 2.4.16 "SWAC" means the Solid Waste Advisory Committee mandated under RCW 70.95.165, that will be involved in providing continuing advice to SWMA in addition to its advice on the development of the Comprehensive Solid Waste Management Plan. 2.4.17 "Tipping Fees" means the fees established by SWMA for use of Joint Facilities or other solid waste transfer, disposal or recycling facilities under contract with the SWMA. ARTICLE III NONPROFIT CORPORATION GOVERNANCE Section 3.1 SOLID WASTE MANAGEMENT ALLIANCE As soon as practical after this Agreement takes effect, the Members shall act to form a nonprofit corporation under Chapter 24.06 RCW to be formally called the "Spokane Regional Solid Waste Management Alliance." A form of articles of incorporation and bylaws are attached as Exhibits A and B respectively, and the Members shall use articles of incorporation and bylaws substantially in the form set out in Exhibits A and B to create the nonprofit corporation. Section 3.2 POWERS The SWMA, an independent legal entity, acting through its Board of Directors and duly authorized employees and agents, shall have all the powers of an agency under Chapter 39.34 RCW, a nonprofit corporation organized under Chapter 24.06 RCW, and as a tax-exempt organization pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986 as amended. Among its powers, the SWMA shall have the full power and authority to: 3.2.1 Acquire, construct, receive, own, manage, lease, sell, and otherwise dispose of real property,personal property, intangible property, and Joint Facilities; 3.2.2 Plan, develop, replace, operate and maintain Joint Facilities; -4- 51112918.3 51151049 5 Prepared by Spokane County 3.2.3 Enter into contracts with a SWMA Member or any person or entity for goods, services, work, or other benefits to the SWMA; 3.2.4 Borrow money and issue debt instruments or provide for the borrowing of money and issuance of debt instruments; 3.2.5 Receive gifts or grants for the planning,design,development,construction, or operation of Joint Facilities,or assets or programs to further SWMA's purposes,or for other purposes necessary to carry out SWMA's purposes; 3.2.6 Lend money or provide services or facilities to any Member or other governmental utility or governmental service provider in furtherance of SWMA's purposes; 3.2.7 Invest its funds; 3.2.8 Sue and be sued; 3.2.9 Hire and fire employees of the SWMA; 3.2.10 Fix salaries,wages and other compensation of officers and employees; 3.2.11 Employ or retain engineering, legal, financial or other specialized personnel and consultants as may be necessary to carry out the purposes of the SWMA; 3.2.12 Impose, alter,regulate, control, and Tipping Fees at its Joint Faculties; 3.2.13 Purchase insurance and participate in pooled insurance and self-insurance programs; 3.2.14 Indemnify the Members and their officers and employees in accordance with law; 3.2.15 Establish policies, guidelines, or rules to carry out its powers and responsibilities; 3.2.16 Exercise all other powers within the authority of and that may be exercised individually by all of the Members with respect to solid waste transfer, disposal or recycling or other SWMA purposes or functions as set forth herein; and 3.2.17 Take any other actions as the SWMA Board deems necessary to implement the Plan, to protect and advance the interests of the SWMA System, its Members, and its ratepayers that are consistent with this Agreement, Chapter 39.34 RCW, and other applicable law. Section 3.3 PUBLIC AGENCY ACCOUNTABILITY The Members intend for the SWMA to operate and function as a public agency. The SWMA Board shall conduct its deliberations and take action openly. Therefore,the SWMA shall operate and conduct its business subject to the Open Public Meetings Act(Ch.42.30 RCW,as may be amended), the Public Records Act (Ch. 42.56 RCW, as may be amended), local government accountancy statutes (RCW 43.09.200 et seq., as may be amended), and other applicable laws, regulations, and self-imposed policies. -5- 51112918.3 51151049 5 Prepared by Spokane County Section 3.4 No EFFECT ON MEMBER POLICE POWERS Nothing in this Agreement shall be deemed to limit the exercise of a Member's police or regulatory powers as may be required or allowed by law. The Members confirm that the SWMA Board has no local solid waste collection authority within each Member's jurisdiction, unless SWMA enters a separate contract with a member or members. However, the SWMA Board will have a central role in developing the Comprehensive Solid Waste Management Plan and exercising flow control to effect the objectives of that Plan. In addition, the SWMA Board may comment on proposed changes by Members to their solid waste collection plans where such changes could affect the amount, timing or characteristics of solid waste to be handled in the SWMA System. Section 3.5 SWMA BOARD 3.5.1 Composition. The Board of Directors for the SWMA shall consist of one Director from each Member. A Director shall be appointed by and from each Member, and shall be an elected official of the Member. 3.5.2 Alternate Director. Each Member shall appoint an Alternate Director to serve when the Member's Director is not available. The Alternate Director is not required to be an elected official of the Member. 3.5.3 Composition. The Board of Directors for the SWMA shall consist of one Director Director shall be appointed by and from each MemberDirector Removal. The Director and alternate Director of each Member appointed to the SWMA Board shall serve at the will and discretion of the legislative body of that Member. Any Member may remove its Director or Alternate Director from the SWMA Board at any time. In the event that a Member's Director or Alternate Director is so removed, is no longer qualified to serve on, or otherwise departs from the SWMA Board, that Member's legislative body shall promptly appoint a new Director or Alternate Director to the SWMA Board. It is the Members' intent that a representativeDirector on the SWMA Board will represent his or her Member local government in voting and acting as a SWMA Board member. 3.5.4 Joint Representation. It is the Members' intent that a representative on the SWMA Board will represent his or her Member local government in voting and acting as a SWMA Board member. Upon request to, and approval by the Board, one or more Members may agree to be represented at SWMA by another Member's Director (a "representative Director"). A representative Director shall be an elected official. Such an agreement shall be in writing and approved by a Member's legislative authority. 3.5.5 Local government representationGovernment Representation. The Members hereby agree that legislative oversight by their respective local governments shall not be required for any SWMA Board decisions in the management and operation of the SWMA System, except as expressly provided herein. SWMA Board i crDirectors shall represent the interests of their respective local governments in carrying out their responsibilities to act in the best interests of the SWMA. -6- 51112918.3 51151049 5 Prepared by Spokane County Section 3.6 SWMA VOTING 3.6.1 Procedures and voting. A Member's alternate Director shall vote in place of that Member's Director when the Director is absent or unavailable or when the Director position is vacant; provided, an alternate Director shall not participate in super majority votes. The SWMA Board shall establish procedures for conducting its meetings consistent with Roberts Rules of Order or other rules deemed appropriate, and its decisions shall be by a majority vote except when a super majority vote is required, as provided below. 3.6.2 Majority Voting. Each action of the SWMA Board shall be by majority vote, or by super majority vote under Section 3.6.2.3.6.3. A majority vote shall consist of the votes of Directors (or alternative or representative Directors)representing A) the votes of Directors (or alternative Directors) representing at least forty-five percent(45%) of the total population of all Members; and B) the votes of a majority of all Members. 3.6.3 Super Majority Votes. A supermajority vote shall consist of the votes of Directors (or representative Director who is an elected official)representing A) the votes of Directors (or alternative Directors) representing at least forty-five percent(45%) of the total population of all Members; and B) the votes ofa minimum of sixty percent(60%) of all Members. 3.6.4 Super Majority Actions. The following actions shall require a super majority vote by the SWMA Board A) Approval or amendment of the Plan; B) Revisions to the Articles of Incorporation or Bylaws or dissolution of the SWMA non-profit corporation; C) Issuance of bonds or other indebtedness; D) Establishment of tipping fees and rates; E) Establishment of any payment requirements directly from Members, in addition to Tipping Fees for use of the SWMA System; F) Employment of an executive director; G) Approval of n*'-*:' . •. . - . .. , a contract providing for SWMA expenditures in excess of$100,000 H) Member removal; and -7- 51112918.3 51151049 5 Prepared by Spokane County I) Member addition; andprovided,initial membership shall not require super majority approval. J) Dissolution. 3.6.5 Member Population. For purposes of this Section 3.6, a Member"s population shall be determined from information maintained by the State of Washington Office of Financial Management (or successor agency) as of December 31 of the calendar year before the year in which a vote is taken. Section 3.7 LOCAL GOVERNMENT REVIEW AND COMMENT The SWMA Board shall, in a timely manner, solicit the review and comment by its Member local governments and the SWAC of proposed changes in Comprehensive Solid Waste Management Plan, annual budgets and annual capital programs. The SWMA Board shall consult with a Member local government on any specific Joint Facility capital project proposed within the Member jurisdiction prior to approving the final design for such project. Section 3.8 COMMITTEES The SWMA Board may form and convene committees and advisory bodies as it deems appropriate for Member review and comment, public input, efficient staff and Board work, and other purposes. Section 3.9 BOOKS AND RECORDS Any Member of the SWMA Board or a representative of such Member may examine the books and records of any Member or of SWMA that relate to the Joint Facilities, to the administration thereof, or this Agreement. After provision of reasonable notice, such books and records may be examined at the Member's sole expense at any reasonable time during SWMA business hours or of that of the Member subject to examination. The SWMA Board may appoint an auditor or accountant to review any such books and records and the costs of such review shall be charged to SWMA which in turn may include such costs as a Joint Facilities Maintenance and Operations Expense. ARTICLE IV SWMA FINANCE Section 4.1 SWMA RATES& CHARGES The SWMA shall establish rates and collect Tipping Fees for solid waste transfer, disposal and recycling that will be at least sufficient to pay the expenses of maintenance and operation of the SWMA System and will meet the principal,interest and coverage requirements and other bond covenants of all obligations issued by the SWMA or by a Member on behalf of the SWMA that are related to improvements and extensions to the SWMA System and that constitute a charge upon the revenue of such system. -8- 51112918.3 51151049 5 Prepared by Spokane County Section 4.2 MEMBER COVENANTS TO EXERCISE FLOW CONTROL AND MAKE PAYMENTS 4.2.1 Covenants to exercise flow control. In consideration for the SWMA and operating the Joint Facilities and as a condition for use thereof and service therefrom, each Member irrevocably covenants, obligates and binds itself to direct solid waste collected within or subject to its jurisdiction to transfer, disposal and recycling facilities designated by the SWMA pursuant to the Comprehensive Solid Waste Management Plan. 4.2.2 Covenants to make payments. In addition, each Member irrevocably covenants, obligates and binds itself to pay any additional payments, in addition to Tipping Fees, required of all Members pursuant to a super majority vote of the Board. Section 4.3 MEMBER COVENANTS TO MAINTAIN CHARGES Each Member irrevocably covenants and agrees to establish rates and collect fees for solid waste collection in the case of a Member's operation of or contract for a collection system within its jurisdiction, or otherwise collect fees and taxes that will be at least sufficient to pay any Tipping Fees or direct charges established by the SWMA and to pay the other maintenance and operation expenses of their respective local solid waste collection systems. Section 4.4 MEMBER BONDS On and after the effective date of this Agreement, no Member shall issue any debt secured by existing or future Tipping Fees, Joint Facilities, or any other SWMA revenues or assets. However,with the approval of the SWMA Board, a Member may issue such debt on behalf of or for the benefit of the SWMA; or debt secured by revenues from SWMA payments to a Member pursuant to separate contract. Section 4.5 SWMA BILLINGS AND PAYMENTS For any direct charges to the Members that may be adopted by supermajority of the Board, the SWMA shall bill each Member on the first day of each calendar month for charges accrued to the first day of the immediately preceding month, unless already paid as provided in Section 4.1. Each Member shall pay such charges so billed by the twentieth day of the month such bill is received, after which time such billing shall be delinquent. Charges omitted in one month may be billed in the following months. Delinquent charges shall accrue interest on the unpaid balance at a rate, and pursuant to policy, to be established from time-to-time by the Board. Section 4.6 TAXES In recognition of the SWMA as a public entity, the Members shall not impose any tax on the gross receipts of the SWMA. Each Member,however,may levy a gross receipts tax on its own solid waste collections and other non-SWMA solid waste operations in its jurisdiction, including receipts representing funds collected to pay any direct charge to the Members that may be adopted by the SWMA. -9- 51112918.3 51151049 5 Prepared by Spokane County Section 4.7 ADMINISTRATIVE AND TREASURY SERVICES 4.7.1 Interim Services. For an interim period of up to one year, SWMA will enter into an Administrative and Treasury Services Contract with Spokane County to provide for Spokane County to provide administrative and treasury services to SWMA for an initial period of time. Within the first year of its incorporation the SWMA shall, in its sole discretion, decide how to operate and maintain the administrative and treasury services through, either through its own staff or through a contract or contracts with others, including any of the Members. 4.7.2 Separate Funds. The SWMA Board shall control and direct the disposition of all SWMA funds and monies. Spokane County and any successor contractor shall establish a separate fund to hold SWMA funds, establish special accounts within the SWMA Fund, and keep separate and adequate books and records of the same,all as required by law and regulations of the State Auditor and as the SWMA Board may direct. The contractor shall also be responsible for investment of SWMA funds consistent with the investment policy adopted by the SWMA Board. Section 4.8 SWMA BUDGETING 4.8.1 Annual SWMA budget. A) By each June 1,the SWMA Board shall notify each Member of its proposed budget and capital improvement program for the Joint Facilities showing its estimate of the debt service and reserve requirements for debt obligations incurred to finance the SWMA System. Each Member shall furnish SWMA with its recommendations and comments by July 31. Thereafter SWMA shall adopt its final annual budget and capital improvement program for the forthcoming calendar year on or before August 31. Subject to adjustment as provided in this subparagraph, any direct charges to the Members over and above Tipping Fees shall be based on the final budget. B) By March 1 of each year, SWMA shall determine and notify the Members of the actual debt service and reserve requirements of the SWMA Debt, the actual Joint Facilities Maintenance and Operation Expenses, the actual requirements for SWMA contract obligations and any other payment requirements for the immediately preceding calendar year, or part thereof, covered by this Agreement. C) The annual schedule of budget events is summarized as follows: March 1St Notice of previous year's reconciliation March 15th Preliminary solid waste generation estimate for next calendar year provided by SWMA April 15th Members respond to preliminary solid waste generation for next calendar year May 1St SWMA provides final solid waste generation estimate for next calendar year June 1St SWMA provides proposed budget, Tipping Fee levels and capital improvement program for next calendar year July 31St Members and public comment on proposed SWMA budget, Tipping Fee levels and capital improvement -10- 51112918.3 51151049 5 Prepared by Spokane County program for next calendar year August 31St SWMA adopts budget and capital improvement program for next calendar and advises Members of Tipping Fees and any direct charges to Members to take effect January 1st D) To respond to special circumstances, the SWMA Board shall have the authority to amend the annual budget schedule in a given year. 4.8.2 SWMA Joint Facilities budget adjustments. The SWMA shall operate within its annual budget. Should debt service and reserve requirements for the SWMA debt, or Joint Facilities Maintenance and Operation Expenses, or contract requirements increase above budget estimates, or should the money in the operations account or capital account of the SWMA be insufficient to meet and pay those requirements and expenses in that calendar year, the SWMA may amend its budget and increase the Tipping Fees or direct charges to the Members after first submitting the proposed budget amendment and proposed increases to the Members for comment. ARTICLE V SOLID WASTE TRANSFER, DISPOSAL AND RECYCLING Section 5.1 SWMA SERVICE OBLIGATION IN SERVICE AREA SWMA shall accept all Member solid waste that is approved for delivery to Joint Facilities within the SWMA System, subject to the conditions and limitations established by the SWMA. The SWMA is established to provide solid waste transfer,disposal and recycling services for solid waste generated throughout Spokane County, but it may also accept solid waste from other jurisdictions, provided such acceptance is in accord with the Comprehensive Solid Waste Management Plan for Spokane County. Section 5.2 MEMBER OBLIGATION TO DELIVER FLOWS Each Member shall enact and enforce such ordinances as necessary to assure solid waste flow control and for delivery of solid waste collected by its Local Collection System, or within its jurisdiction, to the SWMA System. Each Member shall direct solid waste to such locations in the SWMA System and pursuant to procedures and other terms and conditions as may be established by the SWMA Board and in accordance with the Comprehensive Solid Waste Management Plan for Spokane County. Except as otherwise provided by law, a Member shall not direct solid waste generated in its jurisdiction to an agency other than SWMA; a SWMA contractor, designated for such purposes; or, without the consent of the SWMA Board. Section 5.3 SWMA SYSTEM CAPACITY 5.3.1 Annual solid waste predictions. The SWMA Board shall annually provide to the Members by March 15th a preliminary estimate of solid waste that is expected to be generated within each Member local government based on data relating to population and employment, and economic development Each Member,within thirty(30)days of receipt of the estimate,shall a)estimate and provide to SWMA the expected building activity within its jurisdiction for the following calendar year based on plats and/or building permits approved or pending immediate approval and b) -11- 51112918.3 51151049 5 Prepared by Spokane County provide to SWMA any other information that it would like SWMA to consider in establishing a final estimate of the transfer, disposal and recycling capacity available during the following calendar year. After receiving such comments and information from the Members, the SWMA Board shall publish a final estimate no later than each May 1st identifying the total estimated capacity available for the following year in the SWMA System and the percentage of such capacity expected to be utilized during such year. 5.3.2 No default. The SWMA shall not be in default of its obligations under this Agreement or any other intergovernmental contract in the event that the SWMA Board determines that insufficient capacity exists to accept, transfer, dispose, or recycle all solid waste generated within the Members'jurisdictions,despite using best efforts to develop sufficient capacity. The existence of a capacity constraint or the unavailability of additional capacity shall not excuse or reduce any Member's obligation to exercise flow control or to make any required payments to the SWMA under this Agreement. Section 5.4 MEMBER OPTIONS IN THE EVENT OF CAPACITY CONSTRAINT 5.4.1 In the event that the SWMA Board limits additional solid waste generated within the Member's jurisdiction to the SWMA System pursuant to Section 5.3, the following exclusive remedies are available to the Members,but only for the duration of such limitation. A) A Member may deliver additional solid waste to an agency other than the SWMA System for transfer, disposal or recycling; and B) A Member may develop its own solid waste facilities for transfer, disposal or recycling; provided that such facilities are sized no larger than reasonably necessary to serve customers during the expected duration of the capacity constraint in the SWMA System. 5.4.2 The foregoing remedies are the exclusive remedies available to a Member as to the SWMA and the other Members in the event of an SWMA System capacity constraint, except that the Members shall not be limited to such exclusive remedies in the event the SWMA is in default of its obligations under this Agreement. Section 5.5 COMMITMENT TO SUPPORT WASTE REDUCTION As early as practical, but in no event later than one year after consolidation, the SWMA Board will develop economic and other incentives that assist individual Members to implement rates and other incentives to reduce the generation of solid waste in their respective jurisdictions and throughout the County. Section 5.6 INTEGRAL INVOLVEMENT OF SWAC 5.6.1 The SWAC will be integrally involved in developing plans for SWMA facilities, amendments to the Spokane County Comprehensive Solid Waste Management Plan and economic and other incentives for the reduction of solid waste generation throughout the County. 5.6.2 In order to encourage the broadest participation by the SWAC, the SWMA will take steps to expand the membership beyond the minimal number and representative membership prescribed -12- 51112918.3 51151049 5 Prepared by Spokane County under RCW 70.95.165 by suggesting a broad membership for appointment by the Spokane County Board of Commissioners. 5.6.3 The primary responsibilities of the SWAC are to provide both technical and policy advice to the SWMA in the development of the Comprehensive Solid Waste Management Plan, development of facilities for transfer, disposal and recycling of solid waste, and economic and other incentives for the reduction of waste generation throughout the County. 5.6.4 The SWAC will be responsible for its own internal organization,but it is anticipated that as part of its work the SWAC will create standing technical advisory committees to review specific issues that come before them and to assist the SWMA in its deliberations. 5.6.5 The SWAC costs and fees, including costs and fees relating to Solid Waste Management Plan amendments, adoption and implementation, shall be included as SWMA Joint Facilities Maintenance and Operation Expenses. ARTICLE VI SWMA COOPERATION IN MANAGEMENT & DEVELOPMENT OF SOLID WASTE FACILITIES Section 6.1 RESPONSIBILITY FOR JOINT FACILITIES AND LOCAL SYSTEMS 6.1.1 Joint Facilities. The SWMA shall in its sole discretion determine the name, location, and time of construction of any SWMA Joint Facilities. The SWMA shall maintain through responsible insurers including insurance pools public liability insurance for Joint Facilities operations and responsibilities in accordance with industry standards. 6.1.2 Local Systems. The Members shall maintain and operate their respective local collection systems and facilities in accordance with high engineering standards and in conformity with the standards established by the state and federal agencies having jurisdiction over them. The Members shall secure and maintain with responsible insurers including insurance pools all such insurance as is customarily maintained with respect to solid waste systems and facilities of like character against loss of or damage and other liability to the extent that such insurance can be secured and maintained at reasonable cost. 6.1.3 Closed Landfills. SWMA shall include within its system of rates and charges, such amounts as maybe necessary to provide funding to Spokane County for the ongoing closure and post-closure operation, maintenance and monitoring of a Closed Landfill consistent with closure and post-closure plans in existence at the time of this Agreement. Except as otherwise provided in this Section 6.1.3, SWMA shall have no responsibility for any cost, expense or liability for environmental clean-up and/or damages at or caused by a Member's Closed Landfill or other landfill or a closed or other landfill within a Member's jurisdiction. Provided, nothing in this Section 6.1.3 shall limit SWMA's authority and responsibility (if any) for solid waste handling under SWMA management and control. 6.1.4 Liability. Any liability incurred by the SWMA as a result of the operation of the SWMA System shall be the sole liability of the SWMA and any liability incurred by a Member as a result -13- 51112918.3 51151049 5 Prepared by Spokane County of the operation of its local collection systems and facilities shall be the sole liability of that Member. Section 6.2 RELATIONSHIP TO LOCAL PLANNING The Plan shall be consistent with and responsive to solid waste management plans adopted both individually and collectively by the Members at the time this Agreement is adopted and whenever the Plan is amended. Future solid waste management plans proposed individually or collectively by the Members that affect solid waste transfer,disposal and recycling shall be offered to the SWMA Board for review and comment regarding their relationship to current SWMA plans prior to their adoption. Before adopting any new or modified solid waste management plan to be integrated with the Comprehensive Solid Waste Management Plan for the County, each Member shall forward any such plan proposal to the SWMA Board and to the SWAC for review and comment prior to the Plan being processed consistent with Chapter 70.95 RCW. Section 6.3 MEMBER COMMITMENTS TO ASSIST SWMA To the extent legally feasible, each Member agrees to give good faith consideration to SWMA requests for necessary zoning, land use, eminent domain proceedings and other permits and approvals to implement the Plan. In the event that a Member completes an eminent domain proceeding for the benefit of the SWMA to secure property or property rights for Joint Facilities, the SWMA shall compensate the Member for its expenses and for just compensation paid for such property and property rights. ARTICLE VII STATE ENVIRONMENTAL POLICY ACT Section 7.1 COORDINATION OF ENVIRONMENTAL REVIEW& SEPA REQUIREMENTS The Members and the SWMA are obligated to identify and consider environmental impacts, alternatives and mitigation measures in the development of plans,programs and facilities relating to solid waste management. The State Environmental Policy Act, Chapter 43.21C RCW, and the regulations and ordinances promulgated under it ("SEPA"), establishes procedures for preparing environmental documents and obtaining input from citizens and agencies, and requires identification of a lead agency to prepare the environmental documents and administer the environmental review process. SEPA also requires agencies to integrate environmental review at the earliest time in the decision making process to ensure that planning and decisions reflect environmental values. The Members agree that it is generally in the public interest for the SWMA to directly manage environmental review of SWMA proposals and actions to assure the early consideration of environmental factors. For purposes of this Article VI, "action"has the meaning given it in WAC 197-11-704, and "proposal"has the meaning provided in WAC 197-11-784. Section 7.2 SEPA COMPLIANCE 7.2.1 SWMA as an Agency under SEPA. The SWMA shall fulfill the responsibilities of an agency pursuant to SEPA in connection with all proposals and actions which it undertakes. By -14- 51112918.3 51151049 5 Prepared by Spokane County carrying out the responsibilities of an agency under SEPA, the SWMA shall satisfy any SEPA obligations that apply directly to the SWMA as well as any that may apply to indirectly due to SWMA acting on a Members' behalf. 7.2.2 Procedural Responsibilities as Lead Agency. With respect to SWMA proposals and actions, the SWMA shall carry out the Members' lead agency procedural responsibilities under SEPA, including the procedural functions of a "lead agency" under SEPA, WAC 197-11-758. This includes, without limitation, authority to adopt agency SEPA rules, to establish an administrative appeals process,to enter into lead agency agreements pursuant to WAC 197-11-944, and to appoint a"responsible official." However,the Members retain their legal authority to assert lead agency status for projects located within their respective jurisdictions as permitted under SEPA, including, for example,by WAC 197-11-340(2)(e) and 197-11-948. Section 7.3 RETENTION OF SUBSTANTIVE AUTHORITY The SWMA's authority under this Article VII is to implement the procedural requirements of SEPA for SWMA proposals and actions. The Members retain their respective substantive authorities to condition or deny such proposals and actions in their respective jurisdictions as part of their zoning, land use, SEPA, or other permitting processes. In addition, pursuant to its responsibility under Chapter 70.95 RCW,the County retains its lead responsibility for the Spokane County Comprehensive Solid Waste Management Plan. ARTICLE VIII LEGAL RELATIONS Section 8.1 EFFECTIVE DATE & TERM OF AGREEMENT 8.1.1 Effective date. This Agreement shall become effective on the first date when all of the following events have occurred: A)the Agreement has been executed by those Members choosing to join [specify a date?, e.g., by October 3, 20111; and B) the Agreement has been filed with the Spokane County Auditor pursuant to RCW 39.34.040. 8.1.2 Duration. Commencing on the effective date specified above,this Agreement shall be for a term of thirty-five (35) years or such longer period as any SWMA Debt is outstanding or the payment thereof is not fully provided for, secured and funded. Section 8.2 MEMBER WITHDRAWAL AND REMOVAL 8.2.1 Withdrawal. Any Member, upon at least two (2) 'S.written notice to the Board, may individually withdraw from the obligations of this Agreement with the consent of all of the other Members, which consent shall not be unreasonably withheld, after all of that Member's proportionate share of SWMA Debt is retired or payment thereof is fully provided for, secured and funded, and the remaining Members shall continue to be bound by this Agreement as it may be amended. 8.2.2 Removal. Any Member may be removed from SWMA upon: A) the final action on a dispute under Section 8.6; and, B) the Member's non-compliance with the order and/or judgment arising out of the dispute. A Member shall be given no less than sixty (60) days written notice of -15- 51112918.3 51151049 5 Prepared by Spokane County the SWMA Board's consideration of a Member's removal. The Member shall have a right to be heard by the SWMA Board prior to action on the Member's termination. Upon termination of a Member by the SWMA Board, the Member shall remain subject to that Member's proportionate share of SWMA Debt incurred by SWMA incurred prior to the sixty (60) day notice provided by this Section 8.2.2. Section 8.3 ADDITION OF NEW MEMBERS 8.3.1 Upon the incorporation of anyA city not joining SWMA as a Member prior to October 3, 2011, or new city incorporating within the County, that city, upon at least one hundred eighty (180) days' written request to the Board, shall be automatically added as a Member to this Agreement and as a member of the Board of the SWMA. 8.3.2 However, anyAny Member city or the County that has previously withdrawn from the SWMA, shall only be added as a new Member with the consent of Ala super majority of the other Members,which consent shall not be unreasonably withheld. Section 8.4 AMENDMENT OF AGREEMENT AND ORGANIZATION This Agreement may be amended with the approval of the legislative bodies of the Members. The SWMA may be converted from a non-profit corporation, with the approval of the legislative bodies of the Members,into a separate municipal corporation if and as permitted by law. Upon the creation of such a separate municipal corporation, all SWMA rights and obligations under this Agreement shall transfer to that new municipal corporation. Section 8.5 NOTICE Notices required to be given to Members shall be deemed given when served on the respective City Clerks and the Clerk of the Board of County Commissioners. When members of the SWMA Board must be notified, notice to one Director thereof from each Member shall be sufficient compliance, but reasonable efforts shall be made to give notice to every alternate Director as well. Section 8.6 RESOLUTION OF LEGAL DISPUTES 8.6.1 Exclusive Process. To effect a quick and efficient resolution of legal disputes that may arise under this Agreement,the Members establish the following procedure. All claims or disputes concerning the interpretation or application of this Agreement or breach thereof("Dispute") shall be decided exclusively by the following dispute resolution procedure unless all Members agree in writing otherwise. This dispute resolution procedure applies only to disputes of a legal nature that arise under this Agreement, and shall not be construed to apply to legislative or policy matters that are within the discretion or authority of the SWMA Board or individual Members. 8.6.2 Notice of Dispute. Each Member shall use its best efforts to resolve issues prior to giving Notice of Dispute and invoking the procedures set forth in this Section. In the event that any Member is not satisfied with the results of the resolution, that Member, acting through its representative on the SWMA Board,shall give prompt written notice of any Dispute to SWMA. If the Dispute is between Members, the notice shall provide a copy of the notice to the other -16- 51112918.3 51151049 5 Prepared by Spokane County Members' representatives on the SWMA Board, with a copy to the SWMA Executive Director. This notice,herein referred to as a"Notice of Dispute," shall clearly state the subject matter of the unresolved issues and the relief requested. 8.6.3 Level I. Within ten (10) working days of receipt of a Notice of Dispute, each Member's representative on the SWMA Board shall designate a representative and the designated representatives shall meet and confer and attempt to resolve the Dispute for a period not to exceed five (5) working days. If the Dispute is not resolved at the close of the Level I meeting, the designated representatives shall prepare before adjournment of the meeting a written memorandum summarizing the matters that remain at issue. 8.6.4 Level II. If the Dispute is not resolved within 48 hours of the close of the Level I meeting, each designated representative shall meet with that Member's representative on the SWMA Board to discuss the Dispute and the memorandum. Within ten (10) working days of the close of the Level I meeting,the designated representatives of the Members shall meet and confer and attempt to resolve the Dispute for an additional period not to exceed five (5)working days. Attendance by SWMA Board members at the Level II meeting is optional. If the Members are not able to resolve the Dispute in the Level II meeting, the designated representatives shall discuss the use of mediation, arbitration, or other alternative dispute resolution process before concluding the Level II meeting. 8.6.5 Documentation. The terms of the resolution of all Disputes concluded in Level I or II meetings shall be memorialized in writing and signed by each Member's representative on the SWMA Board, and a SWMA Board representative. 8.6.6 Level III. If the Dispute is not resolved within 48 hours of the close of the Level II meeting, then A)the Members may mediate the issue; B)the Members may submit the dispute to arbitration as provided in Section 8.6.7; or C) SWMA or any Member may commence a civil action to resolve the Dispute, unless the Parties agree otherwise in writing. Mediation and arbitration shall require the prior written consent of SWMA and Member(s) involved with the Dispute. Section 8.7 ARBITRATION. A)-8.7.1 Arbitration shall be governed by the laws of the State of Washington, including Chapter 7.04A RCW, in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Provided, the American Arbitration Association shall not administer or otherwise have any involvement in arbitration matters. B}8.7.2 All arbitrated disputes shall be heard and decided in Spokane County by one arbitrator selected by the Parties. If the Parties are unable to select an arbitrator, the presiding judge of Sk-agitSpokane County shall select an arbitrator from a list of three (3) arbitrators, each list submitted by a Party. C) 8.7.3 There shall be no consolidation of any arbitration with any other arbitration involving, arising from, or relating to this Agreement, except as otherwise agreed in writing by the Parties. -17- 51112918.3 51151049 5 Prepared by Spokane County 8.7.2 8.7.4 Any Dispute shall be limited to the interpretation and application of this Agreement and may not impair the contract and debt obligations of SWMA or the powers of SWMA to fix the budget for and determine the methods used in the management of the Joint Facilities. 8.7.3 8.7.5 Costs and Fees. In the event suit or action or arbitration is instituted to enforce any right granted herein, each Member shall be responsible for payment of its own attorney fees and costs. SWMA attorney fees and expenses shall be a Joint Facilities Maintenance and Operation Expense. Section 8.8 MEMBER OBLIGATION PENDING RESOLUTION OF DISPUTES The initiation or existence of a dispute between the Members or between one or more Members and the SWMA arising out of or relating to this Agreement shall not relieve or authorize the deferral of the Members' duty to exercise flow control of solid waste or make payments to the SWMA as provided herein. Section 8.9 SURVIVAL OF OBLIGATIONS The Members' obligations under Section 8.2 of this Agreement shall survive the expiration or earlier termination of this Agreement. Section 8.10 INTERPRETATION OF AGREEMENT 8.10.1 Governing law. This Agreement shall be governed by the laws of the State of Washington. The exclusive jurisdiction and venue for any lawsuit between the Members arising out of this Agreement shall be in Spokane County Superior Court. 8.10.2 Assignment. This Agreement shall be binding on each Member and the successors to them and may not be assigned in any respect without the consent of all Members. 8.10.3 Third party beneficiaries. The Members expressly do not intend to create any right, obligation or liability, or promise any performance, to any third party. The Members have not created any right for any third party to enforce this Agreement. 8.10.4 Severability. It is the belief of the Members that all provisions of this Agreement are lawful. If any covenant or provision of this Agreement shall be finally adjudicated by a court of competent jurisdiction to be invalid or unenforceable, such adjudication shall not affect the validity, obligation or performance of any other covenant or provision, or part thereof, which in itself is valid if such remainder conforms to the terms and requirements of applicable law and the intent of this Agreement. In such event, the Members shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement of such covenant or provision. 8.10.5 Entire Agreement. This Agreement embodies the Members' entire agreement on the issues covered by it,except as supplemented by subsequent written agreements that the Parties make. All prior negotiations and draft written agreements are merged into and superseded by this Agreement. 8.10.6 Counterparts. This Agreement may be executed in counterparts, each of which shall be considered for all purposes as an original. -18- 51112918.3 51151049 5 Prepared by Spokane County Section 8.11 WAIVER No waiver by any party of any term or condition of this Agreement shall be deemed or construed as a waiver of any other term or condition,nor shall a waiver of any breach be deemed to constitute a waiver of any subsequent breach whether of the same or a different provision of this Agreement. Section 8.12 REMEDIES In addition to the remedies provided by law, this Agreement shall be specifically enforceable by any party. ARTICLE IX COOPERATION THROUGH CONSOLIDATION PERIOD Section 9.1 COORDINATION: SWMA BOARD& THE COUNTY AND CITY OF SPOKANE The Members recognize that, during at least the initial twelve (12)months after the effective date of this Agreement, extraordinary cooperative efforts will be required to coordinate the legal and service obligations of the SWMA System and to complete all of the legal and administrative steps necessary to consolidate SWMA operations. Section 9.2 ADMINISTRATIVE AND TREASURY SERVICES CONTRACT WITH SPOKANE To provide for an orderly transition of administrative and treasury services, SWMA and Spokane County shall enter into an Administrative and Treasury Services Contract generally in the form set out in Exhibit C. The term of the Administrative and Treasury Services Contract shall commence on the date of Consolidation and terminate six months after the SWMA Board provides notice of termination to Spokane County,which notice shall not be given earlier than December 31, 2011. This Section shall not preclude other contracts with Spokane County at the SWMA Board's discretion. Section 9.3 CONSOLIDATION PRINCIPLES AND OBJECTIVES The Members shall use their best efforts and work together in good faith to achieve Consolidation by meeting the following objectives: 9.3.1 SWMA. The SWMA shall have been formed; confirmed Section 501(c)(3) status with the Internal Revenue Service, and demonstrated its capability of carrying out its responsibilities under this Agreement. 9.3.2 Flow control and Tipping Fees. Each Member shall have approved and imposed flow control requirements and Tipping Fees, and the proceeds are under the control of and available for use by the SWMA.I 9.3.3 Administrative and Treasury Services Contract. The SWMA and Spokane County shall have entered the Administrative and Treasury Services Contract to take effect upon Consolidation. -19- 51112918.3 51151049 5 Prepared by Spokane County 9.3.4 Other necessary steps. As determined by the SWMA Board, the Members shall take such other steps and actions as are necessary and appropriate to enable the SWMA to function as a comprehensive management entity for solid waste transfer, disposal and recycling. Section 9.4 CONSOLIDATION EVENT When it determines that the Consolidation objectives set out in Section 9.3 have been substantially achieved,the SWMA Board shall adopt a resolution by super majority vote that finds and declares that Consolidation has been achieved. The Members acknowledge that the SWMA Board may make a finding of Consolidation that reflects substantial attainment of the objectives. ARTICLE X APPROVAL AND EFFECTIVE DATE Section 10.1 EXECUTION AND APPROVAL 10.1.1 IN WITNESS WHEREOF, each Party has caused this Agreement to be signed by its duly authorized officer or representative as of the date set forth below its signature. 10.1.2 Each Member warrants that it is authorized to and has executed this Agreement for and on behalf of the Member. Section 10.2 IMPLEMENTATION This Agreement shall take effect and be in force consistent with Agreement Section 8.1.1, but shall otherwise be binding on all Members executing the Agreement on the last of the dates the Agreement has been signed by County and Spokane Valley. -20- 51112918.3 51151049 5 Prepared by Spokane County CITY OF AIRWAY HEIGHTS CITY OF C By By Its: Its: Date: Date: Attest: Attest:_ CITY OF DEER PARK CITY OF F. By By Its: Its: Date: Date: Attest: By Attest: By_ CITY OF LATAH CITY OF L By By Its: Its: Date: Date: Attest: By Attest: By_ -21- 51112918.3 51151049 5 Prepared by Spokane County CITY OF MEDICAL LAKE CITY OF N By By Its: Its: Date: Date: Attest: Attest:_ CITY OF ROCKFORD CITY OF S: By By Its: Its: Date: Date: Attest: Attest:_ CITY OF SPOKANE VALLEY SPOKANE By By Its: Its: Date: Date: Attest: Attest: CITY OF WAVERLY CITY OF SI By By Its: Its: Date: Date: Attest: Attest:_ -22- 51112918.3 51151049 5 Prepared by Spokane County -23- 51112918.3 51151049 5 Prepared by Spokane County Exhibit A ARTICLES OF INCORPORATION of the SPOKANE REGIONAL SOLID WASTE MANAGEMENT ALLIANCE The undersigned, to form a nonprofit corporation under the provisions of the Nonprofit Miscellaneous and Mutual Cooperation Act (Chapter 24.06 of the Revised Code of Washington), as amended,hereby submit the following Articles of Incorporation. Article 1. NAME The name of the corporation shall be the Spokane Regional Solid Waste Management Alliance (the "Corporation"). Article 2. DURATION The Corporation shall have perpetual existence. Article 3. PURPOSES AND POWERS Section 3.1 Purposes. 3.1.1 This Corporation is organized exclusively for one or more of the purposes specified in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended. The Corporation shall exist for the primary purpose of providing for the services and construction necessary to develop and manage joint use facilities in response to the current and future Comprehensive Solid Waste Management Plan for Spokane County The Corporation was created pursuant to that certain Interlocal Cooperation Act Agreement for Solid Waste Transfer and Disposal by the SWMA, dated , 2011, by and between the City Airway Heights, Washington ("Airway Heights"), the City of Cheney, Washington ("Cheney"), the City of Deer Park, Washington ("Deer Park"), the City of Fairfield, Washington ("Fairfield"), the City of Latah, Washington ("Latah"), the City of Liberty Lake, Washington ("Liberty Lake"), the City of Medical Lake, Washington ("Medical Lake"), the City of Millwood, Washington ("Millwood"), the City of Rockford,Washington("Rockford"),the City of Spangle,Washington("Spangle"),the City of Spokane, Washington ("Spokane"), the City of Spokane Valley, Washington ("Spokane Valley"), the City of Waverly,Washington("Waverly") and Spokane County,Washington 3.1.2 In furtherance of such purposes, this Corporation shall have all power available under Chapters 24.06, Chapter 39.34, 35.21 and 36.58 RCW, to include and not be limited to the following purposes and powers: (A) implement and otherwise effectuate the Agreement; A-1 51151049 5 Prepared by Spokane County (B) administer property, including without limitation, selling, leasing, exchanging or otherwise distributing real and personal property; (C) contract for services and work and enter into other legal instruments binding the Corporation or provide for benefits to be secured by the Corporation; (D) aid, support,and assist by contributions or otherwise,other organizations organized and operated exclusively for purposes specified in Section 501(c)(3) of the Internal Revenue Code of 1986, as amended,no part of the net earnings of which inures to the benefit of any private shareholder or individual, and no substantial part of the activities of which is carrying on propaganda, or otherwise attempting to influence legislation; and (E) engage in any and all lawful activities which may be necessary,useful or desirable for the furtherance, accomplishment, fostering or attainment of the foregoing purposes, either directly or indirectly and either alone or in conjunction or cooperation with others, whether such others be persons or organizations of any kind or nature, such as corporations, firms, associations, trusts, institutions, foundations, or governmental bureaus, departments, or agencies. Section 3.2 General Corporate Powers. In general, and subject to such limitations and conditions as are or may be prescribed by law, these Articles of Incorporation or the Corporation's Bylaws, the Corporation shall have all powers which now or hereafter are conferred by law upon a corporation organized for the purposes set forth above, are necessary or incidental to the powers so conferred, or are conducive to the attainment of the Corporation's purposes. Article 4. LIMITATIONS Section 4.1 Exercise of Authority. All of the purposes and powers of the Corporation shall be exercised in such manner that the Corporation shall qualify as an exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law,and that contributions to the Corporation shall be deductible under Section 170(c)(2) of the Internal Revenue Code of 1986, or the corresponding provision of any future United States Internal Revenue law. Section 4.2 Political Affairs. No substantial part of the activities of the Corporation shall be the carrying on of propaganda, or otherwise attempting to influence legislation, except as otherwise permitted by an organization described in Section 501(c)(3) of the Internal Revenue Code of 1986, or the corresponding provision of any future United States Internal Revenue law. The Corporation shall not participate in, nor intervene in any political campaign, including the publishing or distribution of statements, on behalf of or in opposition to any candidate for public office. A-2 51151049 5 Prepared by Spokane County Section 4.3 Internal Revenue Code Compliance. Notwithstanding any other provisions of these Articles, the Corporation shall not carry on any activities not permitted to be carried on (a) by a corporation exempt from federal and state income taxes under Section 501(c)(3) of the Internal Revenue Code of 1986 or the corresponding provision of any future United States Internal Revenue law, or (b) by a corporation, contributions to which are deductible under Section 170(c)(2) of the Internal Revenue Code of 1986, or the corresponding provision of any future United States Internal Revenue law. Section 4.4 Restrictions on Distributions. No part of the net earnings of the Corporation shall inure to the benefit of, or be distributable to, its members (if any), directors, trustees, officers, or other private persons, except that the Corporation is authorized or empowered to pay reasonable compensation for services rendered and to make payments and distributions in furtherance of its purposes. Article 5. DISSOLUTION Upon the winding up and dissolution of the Corporation, the assets of the Corporation remaining after payment, or provision for payment, of all debts and liabilities of the Corporation, shall be distributed proportionately to the Members of the SWMA in such a manner as to best accomplish the goals of the Corporation as provided in a plan of final liquidation and dissolution as may be approved by the Corporation's Board of Directors. If,however,(i)such distribution would not be in compliance with Section 501(c)(3) of the Internal Revenue Code of 1986; (ii) no such governmental entity or municipal corporation is willing or able to accept the distribution; or(iii)if such distribution is not otherwise possible,then the distribution shall be made to an organization or organizations recognized as exempt from taxation under Section 501(c)(3)of the Internal Revenue Code of 1986,or the corresponding provision of any future United States Internal Revenue law(to be used exclusively to accomplish the purposes for which this Corporation is organized)as may be provided in a plan of final liquidation and dissolution approved by the Corporation's Board of Directors. Article 6. MEMBERS The qualifications of members, the property, voting and other rights, privileges, and responsibilities of members shall be set forth in the Bylaws. Article 7. DIRECTORS Section 7.1 Management. The management of the Corporation shall be vested in a Board of Directors pursuant to the Nonprofit Miscellaneous and Mutual Cooperation Act, these Articles of Incorporation and the Corporation's Bylaws. The Board shall consist of directors and alternate directors. The powers, duties, number, qualifications, terms of office, manner of election, time and criteria for removal, and time and place of meetings of the directors and alternate directors shall be as set forth in the Bylaws of the Corporation. A-3 51151049 5 Prepared by Spokane County Section 7.2 Initial Directors. The names and addresses of the persons who are to serve as the initial directors of the Corporation are as follows: Name Address Jurisdiction For purposes of these Articles of Incorporation, and unless the context otherwise clearly indicates, the term "director" shall include both directors and alternate directors. Article 8. DIRECTOR LIABILITY LIMITATIONS Section 8.1 No Director Liability. A director shall have no liability to the Corporation for monetary damages for conduct as a director,except for acts or omissions that involve intentional misconduct by the director, or for any transaction from which the director will personally receive a benefit in money,property or services to which the director is not legally entitled. If the Nonprofit Miscellaneous and Mutual Cooperation Act is hereafter amended to authorize corporate action further eliminating or limiting the personal liability of directors,then the liability of a director shall be eliminated or limited to the full extent permitted by the Nonprofit Miscellaneous and Mutual Cooperation Act, as so amended without need for further amendment of these Articles by the Corporation's Board of Directors. Any repeal or modification of this Article shall not adversely affect any right or protection of a director of the Corporation existing at the time of such repeal or modification for or with respect to an act or omission of such director occurring prior to such repeal or modification. Section 8.2 No Personal Liability. Directors of the Corporation shall not be personally liable to the Corporation or its members, if any, for monetary damages for conduct as a director, except for acts or omissions that involve intentional misconduct by a director or a knowing violation of law by a director,where the director votes or assents to a distribution which is unlawful or violates the requirements of these Articles of Incorporation, or for any transaction from which the director will personally receive a benefit in money, property, or services to which the director is not legally entitled. A-4 51151049 5 Prepared by Spokane County Article 9. INDEMNIFICATION Section 9.1 Right to Indemnification. Each person who was, or is threatened to be made a party to or is otherwise involved (including,without limitation, as a witness) in any actual or threatened action, suit or proceeding, whether civil,criminal,administrative or investigative,by reason of the fact that he or she is or was a director or officer of the Corporation or,while a director or officer,he or she is or was serving at the request of the Corporation as a director, director, officer, employee or agent of another corporation or of a Membership, joint venture, trust or other enterprise, including service with respect to employee benefit plans (whether the basis of such proceeding is an alleged action in an official capacity as a director, trustee, officer, employee or agent or in any other capacity while serving as a director, trustee, officer, employee or agent), shall be indemnified and held harmless by the Corporation, to the full extent permitted by applicable law as then in effect, against all expense, liability and loss (including attorney's fees, judgments, fines, ERISA excise taxes or penalties and amounts to be paid in settlement) actually and reasonably incurred or suffered by such person in connection therewith, and such indemnification shall continue as to a person who has ceased to be a director, trustee, officer, employee or agent and shall inure to the benefit of his or her heirs, executors and administrators;however, except as provided in Section 9.2 with respect to proceedings seeking solely to enforce rights to indemnification,the Corporation shall indemnify any such person seeking indemnification in connection with a proceeding(or part thereof)initiated by such person only if such proceeding (or part thereof)was authorized by the Board of Directors of the Corporation. The right to indemnification conferred in this Section 9.1 shall be a contract right and shall include the right to be paid by the Corporation the expenses incurred in defending any such proceeding in advance of its final disposition; however, the payment of such expenses in advance of the final disposition of a proceeding shall be made only upon delivery to the Corporation of an undertaking, by or on behalf of such director or officer, to repay all amounts so advanced if it shall ultimately be determined that such director or officer is not entitled to be indemnified under this Section 9.1 or otherwise. Section 9.2 Right of Claimant to Bring Suit. If a claim for which indemnification is required under Section 9.1 is not paid in full by the Corporation within sixty (60) days after a written claim has been received by the Corporation, except in the case of a claim for expenses incurred in defending a proceeding in advance of its final disposition, in which case the applicable period shall be twenty(20)days, the claimant may at any time thereafter bring suit against the Corporation to recover the unpaid amount of the claim and,to the extent successful in whole or in part, the claimant shall also be entitled to be paid the expense of prosecuting such claim. The claimant shall be presumed to be entitled to indemnification under this Article upon submission of a written claim (and, in an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition, where the required undertaking has been tendered to the Corporation), and thereafter the Corporation shall have the burden of proof to overcome the presumption that the claimant is not so entitled. Neither the failure of the Corporation (including its Board of Directors, independent legal counsel or its members, if any) to have made a determination prior to the commencement of such action that indemnification, or the reimbursement or advancement of expenses of the claimant is proper in the circumstances, nor an actual determination by the Corporation (including its Board of Directors, A-5 51151049 Prepared by Spokane County independent legal counsel or its members, if any) that the claimant is not entitled to indemnification or the reimbursement or advancement of expenses,shall be a defense to the action or create a presumption that the claimant is not so entitled. Section 9.3 Nonexclusivity of Right. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of these Articles of Incorporation,Bylaws, agreement,vote of members,if any,or disinterested directors or otherwise. Section 9.4 Indemnification of Members. The Corporation shall hold Corporation members harmless and defend all claims for personal injury or property damage arising out of the Corporation's activities in the same manner as provided for directors and officers under Sections 9.1, 9.2, and 9.3, and only to the extent that such claims, damages, and injuries are not caused by the negligent act or omission of a member to perform required maintenance or other operations or by any member violation of applicable laws or regulations. Section 9.5 Insurance, Contracts, and Funding. The Corporation may maintain insurance at its expense to protect itself and any director, trustee, officer, employee, agent or member of the Corporation or another corporation, Membership,joint venture, trust or other enterprise against any expense, liability or loss,whether or not the Corporation would have the power to indemnify such persons against such expense, liability or loss under the Washington Business Corporation Act, as applied to nonprofit corporations. The Corporation may, without further action of the Corporation's members, enter into contracts with any director or officer of the Corporation in furtherance of the provisions of this Article and may create a trust fund, grant a security interest or use other means(including,without limitation, a letter of credit) to ensure the payment of such amounts as may be necessary to effect indemnification as provided in this Article. Section 9.6 Indemnification of Employees and Agents of the Corporation. The Corporation may,by action of its Board of Directors,provide indemnification and pay expenses in advance of the final disposition of a proceeding to employees and agents of the Corporation with the same scope and effect as the provisions of this Article with respect to the indemnification and advancement of expenses of directors and officers of the Corporation or pursuant to rights granted pursuant to, or provided by, the Washington Business Corporation Act, as applied to nonprofit corporations, or otherwise. Article 10. BYLAWS Bylaws of the Corporation may be adopted by the Board of Directors at any regular meeting or any special meeting called for that purpose,so long as they are not inconsistent with the provisions of these Articles of Incorporation. The authority to make, alter, amend or repeal A-6 51151049 5 Prepared by Spokane County Bylaws is vested in the Board of Directors and may be exercised at any regular or special meeting of the Board of Directors. Article 11. INCORPORATORS The name and address of the incorporators of the Corporation are: Name Address Jurisdiction Article 12. REGISTERED OFFICE AND AGENT The address of the initial registered office of the Corporation shall be , Washington 98 . The name of the initial registered agent of the Corporation at such address shall be Article 13. AMENDMENTS These Articles of Incorporation may be amended as allowed by the Washington Non-profit Corporation Act and pursuant to a unanimous vote of the Board of Directors. IN WITNESS WHEREOF, the undersigned have signed these Articles of Incorporation: (Signature) (Signature) Print name: Print name: Date: Date: (Signature) (Signature) Print name: Print name: Date: Date: [add others as appropriate] A-7 51151049 5 Prepared by Spokane County CONSENT TO SERVE AS REGISTERED AGENT I, , hereby consent to serve as Registered Agent in the State of Washington for the SWMA. I understand that as agent for the corporation, it will be my responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation or of any changes in the registered office of the corporation for which I am agent. DATED: (Signature of agent) Address of Registered Office and Agent: A-8 51151049 5 Prepared by Spokane County Exhibit B BYLAWS of the SPOKANE REGIONAL SOLID WASTE MANAGEMENT ALLIANCE The Board of Directors of the Spokane Regional Solid Waste Management Alliance (the "Corporation")hereby adopts the following Bylaws: Article 1. OFFICES Section 1.1 Principal Office. The principal office of the Corporation shall be located at its principal place of business or such other place as the Board of Directors may designate. The Corporation may have such other offices, either within or outside of the State of Washington, as the Board of Directors may designate or as the business of the Corporation may require. Section 1.2 Registered Office and Agent. The Corporation's initial registered office and registered agent shall be as set forth in the Articles of Incorporation. The registered agent and the address of the registered office may be changed by the Board of Directors. Article 2. MEMBERSHIP Section 2.1 Members. The Corporation shall have one class of members consisting the following initial members: the City Airway Heights, Washington ("Airway Heights"), the City of Cheney, Washington ("Cheney"), the City of Deer Park, Washington ("Deer Park"), the City of Fairfield, Washington ("Fairfield"), the City of Latah, Washington ("Latah"), the City of Liberty Lake, Washington ("Liberty Lake"), the City of Medical Lake,Washington ("Medical Lake"), the City of Millwood ("Millwood"), the City of Rockford, Washington ("Rockford"), the City of Spangle, Washington ("Spangle"), the City of Spokane, Washington ("Spokane"), the City of Spokane Valley, Washington ("Spokane Valley"), the City of Waverly, Washington ("Waverly") and Spokane County, Washington Members may withdraw pursuant to the provisions of Section 8.2 of the Interlocal Cooperation Act Agreement for Solid Waste Handling, Transfer and Disposal,dated , and added pursuant to Section 8.3 of that Agreement. B-1 51151049 5 Prepared by Spokane County Section 2.2 No Voting Rights. Except as expressly provided in this Section 2.2,the Members of the Corporation shall not be members within the meaning of RCWChapter 24.06 RCW and shall not have the authority to manage or vote on any matters related to the business and affairs of the Corporation. Each Member shall have the right to appoint one Director and one Alternate Director to represent such Member on the Board of Directors pursuant to the terms of the Interlocal Cooperation Act Agreement for Solid Waste Handling,Transfer and Disposal, dated . Voting shall be pursuant to Section 3.6 of that Agreement. Section 2.3 Meetings. Because Members do not have voting rights and because each Member appoints a representative Director and Alternate Director to the Board of Directors, there shall be no annual or special meetings of the membership. Article 3. BOARD OF DIRECTORS Section 3.1 General Powers. The business and affairs of the Corporation shall be managed by a Board of Directors. The actions of the Board shall be consistent with and shall effectuate the terms of that certain Interlocal Cooperation Act Agreement for Solid Waste Transfer and Disposal, dated ("Agreement"). The Board shall have the power to do,but shall not be limited to, the following: (A) Acquire, construct, receive, own, manage,lease, sell, and otherwise dispose of real property, personal property, intangible property, and the facilities of the Corporation; (B) Plan, develop, operate,replace, and maintain the facilities of the Corporation; (C) Enter into contracts with a Member or other person or entity for goods, services, work, or other benefits to the Corporation; (D) Borrow money and issue debt instruments or provide for the borrowing of money and issuance of debt instruments; (E) Receive gifts or grants for the planning, design, development, construction, or operation of the facilities of the Corporation,or for the assets or programs to further the Corporation's purposes, or for other purposes necessary to carry out the purposes of the Corporation; (F) Lend money or provide services or facilities to any Member or other governmental utility or governmental service provider in furtherance of the Corporation's purposes; (G) Invest Corporate funds; B-2 '11,1049 Prepared by Spokane County (H) Sue and be sued; (I) Hire and fire employees of the Corporation; (J) Fix salaries,wages and other compensation of officers and employees; (K) Employ or retain engineering, legal, financial or other specialized personnel and consultants as may be necessary to carry out the purposes of the Corporation; (L) Impose, alter,regulate, control, and collect rates, charges, and assessments; (M) Purchase insurance and participate in pooled insurance and self-insurance programs (N) Indemnify Members, officers, and employees in accordance with applicable law; (0) Establish policies, guidelines, or rules to carry out the Corporation's powers and responsibilities; (P) Convene or appoint committees and advisory bodies as the Board deems appropriate for Member or public review and comment on Corporate matters, efficient staff and Board work, or any other purpose in the best interests of the Corporation and consistent with applicable law; (Q) Exercise all other powers within the authority of, and that may be exercised individually by all of, the Members with respect to sewage or wastewater conveyance, treatment, disposal, reclamation, reuse, conservation, or other Corporate purposes or functions as set forth in the Agreement; and (R) Take any other actions as the Board deems necessary to implement a comprehensive plan and to protect and advance the interests of the Corporation, its property and other assets, its Members, and its ratepayers that are consistent with the Agreement, Chapter 39.34 RCW, and other applicable law. Section 3.2 Number and Types. The Board of Directors shall consist of one Director from each Member appointed by the legislative body of each Member. Section 3.3 Qualification and Representation. [Subject to Revision.] Subsection 3.3.1 .Director Qualification. Each Director must be an elected official of the Member that has appointed that Director. Subsection 3.3.2 Alternate Director. Each Member shall appoint an Alternate Director to serve when the Member's Director is not available. The Alternate Director is not required to be an elected official of the Member. B-3 51151049 5 Prepared by Spokane County Subsection 3.3.3 Director Removal. The Director and alternate Director of each Member appointed to the SWMA Board shall serve at the will and discretion of the legislative body of that Member. Any Member may remove its Director or Alternate Director from the SWMA Board at any time. In the event that a Member's Director or Alternate Director is so removed, is no longer qualified to serve on, or otherwise departs from the SWMA Board, that Member's legislative body shall promptly appoint a new Director or Alternate Director to the SWMA Board. Subsection 3.3.4 Joint Representation. It is the Members' intent that a representative on the SWMA Board will represent his or her Member . The Alternate Director local government in voting and acting as a SWMA Board member. Upon request to, and approval by the Board, one or more Members may agree to be represented at SWMA by another Member's Director (a "representative Director"). A representative Director shall be an elected official. Such an agreement shall be in writing and approved by a Member's legislative authority. Section 3.4 Appointment of Directors. Subsection 3.4.1 Initial Directors. Each initial Director and Alternate Director named in the Articles of Incorporation shall serve until he or she resigns,becomes disqualified to serve as a Director or Alternate Director, or is removed or replaced by the Member that he or she represents. Subsection 3.4.2 Successor Directors. Each Director and Alternate Director shall be appointed by the legislative body of the Member that each respective Director and Alternate Director is to represent. Section 3.5 Vacancies. A vacancy in a Director or an Alternate Director position shall be filled promptly by the Member who appointed the predecessor Director or Alternate Director. Vacancies may occur or arise by removal, disqualification, or resignation, as described below, or by other means. Subsection 3.5.1 Removal. A Director or Alternate Director may be removed at any time by, and at the sole discretion of, the Member that appointed the respective Director or Alternate Director. The removal of a Director or Alternate Director shall constitute a vacancy of that position. Subsection 3.5.2 Disqualification. Whenever a Director or Alternate Director is no longer qualified to serve as a Director or Alternate Director pursuant to these Bylaws,that Director or Alternate Director shall cease to be a Director or Alternate Director and his or her position shall be considered vacant. B-4 51151049 5 Prepared by Spokane County Subsection 3.5.3 Resignation. Any Director or Alternate Director may resign at any time by delivering written notice to the Chairperson or the Secretary of the Corporation at the principal office or registered office of the Corporation, or by giving written notice at any meeting of the Board of Directors. Any such resignation shall take effect at the time specified in the notice, or if the time is not specified,upon delivery of the notice. Upon the effective date of the resignation, that position shall be considered vacant. Unless otherwise specified in the notice, the acceptance of such resignation shall not be necessary to make it effective. Section 3.6 Compensation and Expenses. Directors and Alternate Directors shall not receive compensation for their service as Directors and Alternate Directors. Consistent with any applicable law, Directors and Alternate Directors may receive reimbursement for expenditures incurred on behalf of the Corporation. Article 4. ACTIONS OF BOARD OF DIRECTORS Section 4.1 Regular Meetings. Regular meetings of the Board of Directors shall be specified as to the date,time and place for the holding of such regular meetings by the adoption of a resolution of the Board of Directors. Section 4.2 Special Meetings. Special meetings of the Board of Directors may be called by or at the written request of the Chairperson or a majority of Directors. Notice of special meetings of the Board of Directors shall be made as set forth in Section 4.5. Section 4.3 Meetings by Telephone. Members of the Board of Directors may participate in a meeting of such Board of Directors by means of a conference telephone or similar communication equipment if all persons participating in the meeting can hear each other at the same time and the participation complies with the Open Public Meetings Act,Chapter 12.30,42.30 RCW,as may be amended. Participation by such means shall constitute presence in person at a meeting. Section 4.4 Place of Meetings. All meetings shall be held at the principal office of the Corporation or at such other place within the State of Washington designated by the Board of Directors, by any persons entitled to call a meeting, or by a waiver of notice signed by all of the Directors and Alternate Directors. Section 4.5 Notice of Meetings. Where notice of a meeting of the Board of Directors is required by the Articles of Incorporation or these Bylaws, such notice shall be given to each Director and Alternate Director in writing or by personal communication with Director or Alternate Director not less than five (5) B-5 51151049 5 Prepared by Spokane County calendar days before the meeting. Notices in writing may be hand delivered or sent by U.S. mail, or facsimile transmission to the Director or Alternate Director at his or her address shown on the records of the Corporation. Neither the business to be transacted at, nor the purpose of, the meeting need be specified in the notice of such meeting, unless specifically required by the Articles of Incorporation or these Bylaws. If a notice is delivered by mail, the notice shall be deemed effected when deposited in the official government mail properly addressed with postage prepaid. If notice is given by facsimile transmission, the notice shall be deemed effective upon receipt of the facsimile transmission confirmation showing the facsimile transmission was received at the Director's or Alternate Director's facsimile number shown on the records of the Corporation. Facsimile transmission of any signed original document, and retransmission of any signed facsimile transmission shall be the same as delivery of an original document. At the request of the Secretary, any person will confirm facsimile transmitted signatures by signing an original document. Section 4.6 Waiver of Notice. Subsection 4.6.1 Written Waiver of Notice. Whenever any notice is required to be given to any Director or Alternate Director under the provisions of these Bylaws, the Articles of Incorporation or applicable Washington law, a waiver thereof in writing, signed by the person or persons entitled to such notice,whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. Neither the business to be transacted at, nor the purpose of, any regular or special meeting of the Board of Directors need be specified in the waiver of notice of such meeting. Subsection 4.6.2 Waiver of Notice by Attendance. The attendance of a Director or Alternate Director at a meeting shall constitute a waiver of notice of such meeting, except where a Director or Alternate Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened. Section 4.7 Quorum. The attendance of a majority of Directors (or their respective Alternate Directors) shall constitute a quorum at any meeting of the Board of Directors. For purposes of these Bylaws, "majority" shall mean a number more than one-half of Members represented by Directors. If a quorum is not present at a meeting, any one Director present may adjourn the meeting. Section 4.8 Manner of Acting. The act of the Directors (or their respective Alternate Directors) present at a meeting at which there is a quorum shall be the act of the Board of Directors, when enacted pursuant to the following B-6 51151049 5 Prepared by Spokane County Subsection 4.8.1 Procedures and voting. A Member's alternate Director shall vote in place of that Member's Director when the Director is absent or unavailable or when the Director position is vacant.-, except as provided in Section 4.8.3. The SWMA Board shall establish procedures for conducting its meetings consistent with Roberts Rules of Order or other rules deemed appropriate, and its decisions shall be by a majority vote except when a super majority vote is required, as provided below. Subsection 4.8.2 Majority Voting. Each action of the SWMA Board shall be by majority vote, or by super majority vote under Section 4.8.3. A majority vote shall consist of the votes of directors (alternate or representative Directors) representing (A) the votes of directors (or alternative Directors) representing at least forty-five percent(45%) of the total population of all Members; and (B) the votes of a majority of all Members. Subsection 4.8.3 Super Majority Votes. (A) A supermajority vote shall consist of the votes of Directors (or representative Directors) representing (A) the votes of Directors (or Representative Directors)representing(1) at least forty-five percent(45%) of the total population of all Members; and (B) the votes of(2) at least sixty percent(60%) of all Members. (B) (C) Super Majority Required. (D) The following actions shall require a two-thirds weighted vote by the SWMA Board: (E)-(1) Approval or amendment of the Plan; (F) (2) Revisions to the Articles of Incorporation or Bylaws or dissolution of the SWMA non-profit corporation; (6 -(3) Issuance of bonds or other indebtedness; (44)-(4) Establishment of tipping fees and rates; (I) (5) Establishment of any payment requirements directly from Members, in addition to Tipping Fees for use of the SWMA System; (J) (6) Employment of an executive director; B-7 51151049 5 Prepared by Spokane County (K)— 7Approval of contracts [all?; a fixed or variable amour ]a contract providing for SWMA expenditures in excess of$100,000; (L) (8)Member removal; and (M)-(9) Member addition; andprovided initial membership shall not require super majority approval. (C) 00}Dissolution. Subsection 4.8.4 Member Population. For purposes of this Section 4.8, a Members population shall be determined from information maintained by the State of Washington Office of Financial Management(or successor agency) as of December 31 of the calendar year before the year in which a vote is taken. Section 4.9 Presumption of Assent. A Director (or, where authorized by these Bylaws to cast a vote, an Alternate Director) of the Corporation present at a meeting of the Board of Directors at which action on any corporate matter is taken shall be presumed to have assented to the action taken, unless the Director's or Alternate Director's dissent or abstention is entered in the minutes of the meeting or the Director or Alternate Director files a written dissent or abstention to such action with the person acting as secretary of the meeting before the adjournment of the meeting or forwards such dissent or abstention by registered mail to the Secretary of the Corporation immediately after the adjournment of the meeting. Such right to dissent or abstain shall not apply to a Director or Alternate Director who voted in favor of such action. Section 4.10 Open Public Meetings. Meetings of the Board are subject to the Open Public Meetings Act, Chapter 43.20 RCW. Accordingly,the Board shall ensure that its deliberations are conducted openly and that the actions of the Corporation are taken openly. Section 4.11 Procedure. The Board shall conduct its meetings consistent with Robert's Rules of Order on Parliamentary Procedure, so far as applicable and when not inconsistent with these Bylaws, the Articles of Incorporation, the Agreement, or any resolution of the Board. The Board may adopt additional rules of procedure to govern the conduct of its meetings. Article 5. OFFICERS Section 5.1 Officers. The officers of the Corporation shall be a Chairperson, one Vice Chairperson, a Secretary and a Treasurer, each of whom shall be elected by the Board of Directors. Other officers and assistant officers may be elected or appointed by the Board of Directors,such officers and assistant B-8 51151049 5 Prepared by Spokane County officers to hold office for such period,have such authority and perform such duties as are provided in these Bylaws or as may be provided by resolution of the Board of Directors. Any officer may be assigned by the Board of Directors any additional title that the Board of Directors deems appropriate. Any two or more offices may be held by the same person, except the offices of Chairperson and Secretary. Section 5.2 Election and Term of Office. The officers of the Corporation shall be elected annually by the Board of Directors. Unless an officer resigns or is removed or replaced, he or she shall hold office until the next annual election by the Board of Directors or until the officer's successor is elected and assumes the office, whichever is later. Section 5.3 Vacancies. A vacancy in any office created by the resignation, removal, replacement, or any other cause may be filled by the Board of Directors for the unexpired portion of the term or for a new term established by the Board of Directors. Section 5.4 Resignation. Any officer may resign at any time by delivering written notice to the Chairperson, a Vice Chairperson, the Secretary or the Board of Directors or by giving oral or written notice at any meeting of the Board of Directors. Any such resignation shall take effect at the time specified in the notice, or if the time is not specified, upon delivery of the notice and, unless otherwise specified in the notice, the acceptance of such resignation shall not be necessary to make it effective. Section 5.5 Removal. Any officer or agent elected or appointed by the Board of Directors may be removed from office by the Board of Directors whenever in its judgment the best interests of the Corporation would be served thereby. Such removal shall be without prejudice to the contract rights, if any, of the person so removed. Section 5.6 Chairperson. The Chairperson shall preside over meetings of the Board of Directors. The Chairperson may sign deeds, mortgages, bonds, contracts or other instruments, except when the signing and execution thereof have been expressly delegated by the Board of Directors or by these Bylaws to some other officer or agent of the Corporation or are required by law to be otherwise signed or executed by some other officer or in some other manner. In general,the Chairperson shall perform all duties incident to the office of Chairperson and such other duties as are assigned to him or her by the Board of Directors. B-9 51151049 5 Prepared by Spokane County Section 5.7 Vice Chairperson. In the event of the death of the Chairperson or his or her inability to act, the Vice Chairperson shall perform the duties of the Chairperson, except as may be limited by resolution of the Board of Directors, with all the powers of, and subject to, all of the restrictions upon the Chairperson. The Vice Chairperson shall have, to the extent authorized by the Chairperson or the Board of Directors, the same powers as the Chairperson to sign deeds, mortgage,bonds, contracts or other instruments. The Vice Chairperson shall perform such other duties as from time to time may be assigned to him or her by the Chairperson or the Board of Directors. Section 5.8 Secretary. The Secretary shall: (a)keep the minutes of meetings of the members and the Board, and minutes which may be maintained by committees of the Board; (b) see that all notices are duly given in accordance with the provisions of these Bylaws or as required by law; (c)be custodian of the corporate records of the corporation; (d) keep records of the post office address of each member and Director and of the name and post office address of each officer; (e) sign with the Chairperson, or other officer authorized by the Chairperson or the Board,deeds,mortgages,bonds, contracts, or other instruments; and (f) in general perform all duties incident to the office of Secretary and such other duties as from time to time may be assigned to him or her by the Chairperson or the Board. Section 5.9 Treasurer. The Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation; receive and give receipts for moneys due and payable to the corporation from any source whatsoever, and deposit all such moneys in the name of the corporation in banks, trust companies or other depositories selected in accordance with the provisions of these Bylaws, the Agreement, and applicable law; and in general perform all of the duties incident to the office of Treasurer and such other duties as from time to time may be assigned to him or her by the Chairperson or the Board. Section 5.10 Salaries. The officers shall serve without salary unless they are employees of the Corporation. No officer shall be prevented from receiving a salary by reason of the fact that he or she is a Director or Alternate Director of the Corporation. Consistent with any applicable law, officers may receive reimbursement for expenditures incurred on behalf of the Corporation upon approval of the Board of Directors. Article 6. EMPLOYEES Subject to the other provisions of these Bylaws, the Board of Directors may establish such positions of employment as it deems desirable and shall fix the salaries for such positions; provided, there shall be created and maintained the position of Executive Director. This position shall be responsible for implementing Board policy and for general administration of the Alliance functions. B-10 51151049 5 Prepared by Spokane County The Executive Director shall have sole authority to appoint persons to fill other positions created by the Board, or to dismiss or discipline such persons. The appointments shall be based on ability and training appropriate for the position. Except for the purpose of inquiry, the Board and its members shall deal with policy implementation or administrative services solely through the Executive Director and neither the Board nor any of its members shall give directions or orders to employees subordinate to the Executive Director. Nothing in this Article shall prevent the Board from freely and fully discussing with the Executive Director anything pertaining to appointments and removals of subordinate employees. Article 7. ADMINISTRATIVE PROVISIONS Section 7.1 Books and Records of the Corporation. The Corporation shall keep at its principal or registered office copies of its current Articles of Incorporation and Bylaws; correct and adequate records of accounts and finances;minutes of its proceedings; records of the name and address of each Member, Director, Alternate Director, and officer; and such other records as may be necessary or advisable. All books and records of the Corporation shall be open at any reasonable time to inspection by any Director or Alternate Director. Section 7.2 Books and Records of Members. Any Director or a representative of that Director may examine the books and records of any Member which relate to the Corporation (including, but not limited to, the Corporation's assets, property, facilities, governance, and finance). After provision of reasonable notice, such books and records may be examined at any reasonable time during business hours of that Member. The Board may appoint an auditor or accountant to review any such books and records and the costs of such review shall be charged to the Corporation, which in turn may include such costs as an expense to be shared jointly among all Members. Section 7.3 Accounting Year. The accounting year of the Corporation shall be the twelve months ending December 31 of each year. Article 8. AMENDMENTS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by a super majority vote of the Board of Directors. THE FOREGOING BYLAWS were adopted by the Board of Directors on Secretary B-11 51151049 5 Prepared by Spokane County B-12 ,11,1049-, Prepared by Spokane County Exhibit C ADMINISTRATIVE AND TREASURY SERVICES CONTRACT WITH SPOKANE COUNTY C-1 ,11,1049-, Document comparison by Workshare Professional on Friday, June 24, 2011 3:32:29 PM Input: Document 1 ID Powerpocs://S EADOCS/51 1 51 049/3 Description SEADOCS-#51 1 51 049-v3-SWMA_Agreement Document 2 ID Powerpocs://S EADOCS/51 1 51 049/5 Description SEADOCS-#51 1 51 049-v5-SWMA_Agreement Rendering set standard Legend: Insertion Deletion Tim Moved to Style change Format change AIM ell UCICL1Ull Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: Count Insertions 119 Deletions 138 Moved from 3 Moved to 3 Style change 0 Format changed 0 Total changes 263 • II II 1111 II II 11 II I 111 4980682 ��CBt���42F OFFICE OF CITY CLERK ACR MB Spokane Co, to 2 r Return: Spokane City Clerk's Office Eii Floor,808 W.Spokane Falls Blvd Spokane,WA 99201 rgb 03 05 06 430pm File no. 03"51 File no. 3 0666 File no. INTERLOCAL AGREEMENT(CH.3934 RCW)BETWEEN THE CITY OF SPOKANE,SPOKANE COUNTY AND THE CITY OF SPOKANE VALLEY • RE: SPOKANE REGIONAL SOLID WASTE MANAGEMENT SYSTEM RECITALS WHEREAS, the City of Spokane, a first class charter city duly organized and existing under and by virtue of the laws of the State of Washington(the"City"), and the County of Spokane, a class A county duly organized and existing under and by virtue of the laws of the State of Washington (the "County"), have specific powers and statutory duties relating to planning and controlling the management, handling and disposal of solid waste ("solid waste management") within the City and unincorporated area of the County (the "region"), respectively, including the development of a Solid Waste Management Plan under RCW 70,95; WHEREAS, the City of Spokane Valley, WA, (hereinafter "Signatory Regional City"), a non charter optional code city duly organized and existing under and by yirtue of the constitution and laws of the State of Washington, likewise has specific municipal statutory powers and duties relative to solid waste management within its jurisdiction; and WHEREAS, the County duly adopted a Spokane County Comprehensive Solid Waste Management Plan for the region("Plan")on July 21, 1998,including revisions in •1111111.1111111111111■1•111■111111=11.0=11■1r 1111111 494Q682 Pab� 2of12 OF1'1111111111111 IN I NE 1111 FICE OF CM CLERK AR �,O ` Sp anne 4�P � pc Co,Ca, �A Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 2 Spokane County Resolution No. 98-0602;and WHEREAS, the City and County initiated the Spokane Regional Solid Waste Disposal Project in 1984 in order to develop a necessary solid waste management system and plan, including appropriate waste reduction and recycling provisions and litter control provisions; and WHEREAS, after years of planning and the completion of an adequate environmental impact statement and vendor selection process, and after due consideration of the environmental, social, technical, economic and other relevant factors, including public and governmental comment, and observation of applicable federal,state, and local procedures, the City and County established a cooperative project for the management, handling and disposal of solid waste generated within. the City and the unincorporated areas of the County by execution of an Interlocal Cooperation Agreement by a joint Resolution adopted on November 3, 1987, as superseded by an Interlocal Cooperation Agreement adopted by the City and County on October 10, 1988, as superseded by Amended and Restated Interlocal Cooperation Agreement between the City of Spokane and Spokane County,WA on April 10, 1989 (hereinafter collectively referred to as the "County Interlocal Cooperation Agreement");and WHEREAS, the County, by the County Interlocal Cooperation Agreement has agreed to exercise its police and contract powers,and designate the System as the site for disposal of solid waste collected within the unincorporated area of the County by its Plow Control Ordinance,subject to the exceptions set forth therein; and WHEREAS, Signatory Regional City now desires, in consideration for the City handling the disposal of Solid Waste at the System,to agree to exercise its police powers to designate the System as the sole site for disposal of Solid Waste under its control; NOW THEREFORE,IT IS AGREED: Section 1: DEFINITIONS. As used in this Agreement, the following words shall have the following meanings,unless the context dictates otherwise: A. Annual Budget shall mean the System budget for a Fiscal Year, as adopted or amended by the City in accordance with Section 8.12 of the Bond Ordinance. B. Bond Ordinance means Ordinance C-29285, adopted January 9, 1989 by the City of Spokane City Council. 111 II 11111111 III 11111 II 494682 Q81O8(20003 1:42P OFFICE IF CITY CLERK AGR $30.00 Spakaiie Co, W Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 3 C. City shall mean the City of Spokane,Washington, a first class charter city of the State of Washington. D. County shall mean Spokane County, Washington, a class A county of the State of Washington. E. County Interlocal Cooperation Agreement shall mean the above referenced County Interlocal Cooperation Agreement between the City and the County for the ownership, financing and management of the system and any amendments thereof. F. Disposal Site means a site or sites approved by the Board of County Commissioners for Spokane County or the Board's Authorized Designee, where any final treatment, utilization, processing, or deposition of Solid Waste occurs, This includes, but is not limited to, transfer stations (included as part of the disposal system of the County), sanitary landfills, incinerators, composting plants, and the location of a Facility for the recovery of energy resources from Solid Waste or the conversion of the energy from such wastes to more useful forms or combinations thereof. G. Facility shall mean the mass bum resource recovery steam and electric generating facility constructed pursuant to the Construction Contract; such facility is the"Facility"as such term is defined in the Construction Contract. H. Hazardous Waste shall mean waste which,by reason of its composition or characteristics is a toxic substance or hazardous waste as defined in the Resource Conservation and Recovery Act(RCRA),42 USC 6901 et esq., together with its implementing regulations, or in the Toxic Substances Control Act (TOSCA), 15 DSC 2601 et seq., together with its implementing regulations, or the definitions as promulgated by the State of Washington as Dangerous Waste or Extremely Hazardous Waste, all as May be now or hereafter amended from time to time. Recyclable Materials shall mean those materials,other than Recovered Materials which are separated from Solid Waste, either by the generator at the source of such Solid Waste or mechanically by the System at any lawfully authorized transfer station,recycling facility, or other permitted location,as the case may be,and which are capable of being returned to the economic mainstream by the System.Recyclable Materials may include,but shall not be limited to,bottles,aluminum cans,newspapers, cardboard,paper materials,or other specific commercially marketable items,where and only where such materials have been specifically sorted 682 • 11 111 111111111#11 II 11 Pa , 4 of 1 O87O4940J2003 OB:2 42F OFFICE OF CITY CLERK MR 3O Spokane Co, M Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 4 by the generator prior to collection and are collected apart from the common municipal solid waste stream for commercial manufacture or recycling. J. Regional Cities shall mean all incorporated cities and towns in Spokane County, including Signatory Regional City,except the City of Spokane, which have entered into, or hereafter enter into a Regional City Interlocal Agreement. K. Scale System means the scales, scale house, computer hardware and software and associated equipment necessary to operate an automated ticketing system. L. Signatory Regional.City means the City of Spokane Valley,WA. M. Solid Waste includes garbage and refuse and shall mean all putrecible and non putreeible wastes,whether in solid or in liquid form except liquid- carried industrial wastes and sewage. "Solid Waste"includes garbage, rubbish,ashes,industrial wastes,swill,demolition and construction wastes, abandoned vehicles or parts thereof;discarded home and industrial appliances,manure,digested sludge, and vegetable or animal solid and semi-solid materials. Solid Waste does not include Recyclable Materials or Hazardous Waste.In addition,all materials deposited in cans or containers for collection, (other than Recyclable materials or Hazardous Waste),shall be deemed Solid Waste. N. System shall mean the existing Spokane Regional Solid Waste Management System comprised of all property, real or personal, tangible, or intangible that is now owned or hereafter acquired by the City which is used or useful by the City (i) in connection with the collection and disposal of Solid Waste generated within the City's boundaries and (ii)in connection with the disposal of Solid Waste generated and collected elsewhere and delivered to the System for disposal. As of the date hereof, the System includes, without limitation, the City's Northside Landfill,the City's refuse collection system, and all facilities and equipment appurtenant thereto, whether real or personal, and vehicles necessary and incident thereto. O. Tipping Fee means the amount charged per ton of Solid Waste for disposal by the System, All other capitalized terms used herein, which are not defined, shall have the meanings given to them in the Bond Ordinance, Otherwise they shall have the same 4940682 OF1111111112 1 BM 11111 FIf Of CITY CLERK ! l r !2Q03 o45t4 P GR $ 1.00 Spokane Go, WA Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 5 meaning as used in other documents referenced in this agreement unless another specific document is referenced. Section 2: PURPOSE. The purpose of this Agreement is to establish the participation of Signatory Regional City in the System as one of the Regional Cities. Section 3: SOLID WASTE DIRECTED TO SYSTEM. A, Signatory Regional City hereby covenants, agrees and contracts to exercise its police and contractual powers and authority as may now or hereafter be recognized in contract or at law to direct the deposit of Solid Waste generated within its geographical boundaries to the System. B. The following are specifically exempted from the provisions of subsection A: { 1), Wrecking automobiles and parts thereof including storage and handling facilities, minor reclamation of scrap metal, glass, discarded clothing, paper, and their associated facilities which leads to resale or reuse of said material where no charge is made for collection or disposal to the originator. 2). Depositing soil, rock, tree stumps, gravel, broken concrete,broken asphalt, and similar inert wastes onto the surface of the ground whereby such depositing is to be temporary in nature, graded, and otherwise worked to fill an existing depression or low area of ground. 3). Depositing agricultural Solid Waste onto or under the surface of the ground when said waste is being utilized primarily for fertilized or a soil conditioner, or is being deposited on ground owned or leased by the person responsible for the production of said"waste as long as depositing such waste does not create a nuisance. 4), Depositing sewage and/or sludge onto or under the surface of the ground at a Disposal Site that has otherwise been issued a Permit by a local, state or federal agency to be operated, maintained or managed for that purpose. 5). Depositing Hazardous Wastes or Dangerous Wastes onto or under the surface of the ground at a Disposal Site that has otherwise been r i • 11111111101 111111111111111111111111 Fas:' 4940682 OFFICE OF CITY CLERK AR 430,00 42P of 12 43a,00 Spokane co, Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 6 issued a Permit by a local, state or federal agency consistent with the Comprehensive Solid Waste Management Plan to be operated, maintained, or managed for this purpose. 6). Establishment and operation of a Woodwaste Landfill site; "Woo dwaste Landfill" being defined in the Spokane County Flow Control Ordinance, No. 85-0395, section 2 II, adopted May 14, 1985. C. The Spokane County Comprehensive Solid Waste Management Plan will address disposal of all types of waste. The City and County will include Signatory Regional City in planning for and opportunities for proper disposal of exempt waste. Section 4: ADMINISTRATION. • A. Precise organization of entity. The entity defined above as the System has already been created. Signatory Regional City joins this System by this agreement, The City will manage the System pursuant to the terms and conditions of the County Interlocal Cooperation Agreement. B. The City will provide Signatory Regional City with a copy of the Annual Budget for the System. C. Although tho City is the administrator of the System, a Policy Liaison Board has been established by the County Interlocal Cooperation Agreement. The Liaison Board already consists of two delegates from the City of Spokane, two from the County and one from the Regional Cities. With respect to Signatory Regional City however, it the intent of the parties that this Signatory Regional City (Spokane Valley) be entitled to its own separate voting seat on the Liaison Board, to be created as an additional sixth seat. Each party stipulates to and/or agrees to seek amendment of any other applicable interlocal agreements as may be necessary to accomplish this intention. D. Holding, disposing real, personal property Any real or personal property needed for System operations may be acquired, held and disposed of by the City, as administrator under this agreement.The City administers all special funds for System operations. Section 5: TIPPING FEES. nommossomor Et 111111111 1111111 494©6 �as!2O o 82 42F OFFICE OF CITY CLEF( AG$ 130,00 Spokane Co,WA Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 7 ' A. The_Ii_ppin ees charged for dis osai of Solid Waste at the System shall be that es a fished by the City. Tipping Fees shall be um orm or e same c ass o service, except that Tipping Fees at the System's transfer stations and the Facility may differ to reflect the costs of transporting Solid Waste from the transfer stations to the Facility. The City has included and shall continue to include in the Tipping Fee a "landfill closure component" which will be allocated between the City, the County, and the Regional Cities as provided herein and in the County Interlocal Cooperation Agreement. B. If the Signatory Regional City is determined to have liability under Initiative 97 (RCW. 70.105D) or the Comprehensive Environmental Response Compensation, and Liability Act (CERCLA) in connection with any landfill, the System shall allocate to Signatory Regional City a portion of the revenues from the landfill closure component of the System's Tipping Fees. Such allocation of revenues shall be in the same proportion that Signatory Regional City's Solid Waste generated and delivered to the System bears to the total non-City[from sources other than the City of Spokane} Solid Waste generated from all other areas of • Spokane County and delivered to the System each year. The portion of such non-City Solid Waste delivered to the System by • the Signatory Regional City shall be determined by the population of the Signatory Regional City compared to the total non-City population [people living outside the City of Spokane in all other areas of Spokane County] or by such other mechanism as may be mutually agreed upon by the City, the County and the Signatory Regional City. The landfill closure component of the Tipping Fee will be increased or decreased periodically as deemed necessary by the City to generate the amount of funds required by the County or Regional Cities for landfill closure purposes within the limitations set forth in the County Interlocal Cooperation Agreement. D. Allocation of the revenues from the landfill closure component of the Tipping Fee will be made monthly to reflect the actual proportions based upon weight of Solid Waste delivered or caused to be delivered to the System each year by the City, County, and Regional Cities. The determination of the total weight of Solid Waste delivered or caused to be delivered to the system by the 4g94t1682 { O&7J2I 3 G$42P OFFICE OF CITY CLERK AGR $34.04 Spokane Co, VA Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 8 City, the County, and Regional Cities, shall be made through the use of Scale Systems or, at any Disposal Site where Scale Systems are not available, by converting volumes of Solid Waste to tons of Solid Waste at the agreed upon ranges of 3 1/3 cubic yards of compacted Solid Waste to one ton of Solid Waste and 6 213 cubic yards of non-compacted Solid Waste to one ton of Solid Waste. The determination of whether any particular Solid Waste delivered to a disposal site by any person is from the City or from other areas of the County shall be determined by the City through such methods or systems as the City and the County shall agree and deem appropriate. E. Revenue allocated to Signatory Regional City if any shall be remitted quarterly. Allocable revenues, including interest earnings thereon,may be used for the following purposes: 1). To pay landfill closure costs. 2). • To fund a reserve for future landfill costs. 3). To pay other collection costs. 4). Any other landfill pm-pose. Section 6: UTILITY TAX. If the City, County or Signatory Regional City should impose a utility tax on the disposal of Solid Waste at the System,the proceeds of that utility tax on disposal of Solid Waste generated within the County, either from incorporated or unincorporated areas, shall be shared, after the deduction of all appropriate and reasonable administrative costs, between the City,the County and the Regional Cities proportionately based upon the tons of Solid Waste delivered to the System from the City,the Regional Cities, and the tons of Solid Waste delivered to the System from other sources. The allocation of the tax will be pursuant to the method specified in Section 5B of this Agreement. Section 7: UPDATE OF THE COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN. Pursuant to RCW 70.95.080, Signatory Regional City hereby authorizes the County, acting independently or through its agents or consultants, to prepare a plan for Signatory Regional City solid waste management as a part of the revisions to the Spokane County Comprehensive Solid Waste Management Plan Update in 1989 and every five(5) years thereafter, including preparation of a Local Hazardous Waste Plan, a Recycling 111111 II 1111 1 11 11 III II 494082 Pagge. 8 0# 12 { OS) J21 # 05,42P OFFICE OF CITY CLEM AGR $SAO Spokane Co, M Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 9 • Plan and any environmental documents required therefore. The County will provide drafts of the update and notify Signatory Regional City of meetings regarding the update. The Plan and any updates will be submitted to Signatory Regional City for their approval. Section 8: AMENDMENT. A mendment of this Agreement may be made only by written agreement of the parties. Section 9: DURATION AND TERMINATION. A This Agreement shall be for an initial term of 8 years or for such • longer term as any Bonds or Additional Bonds remain.Outstanding. B This Agreement can be terminated early only by written agreement of the City of Spokane, Spokane County, and the Signatory Regional City. Upon termination of the Agreement, the City shall own the System and all of its assets. [cross reference, County Interlocal Cooperation Agreement, See. 5.2 e}. Section 10: HEADINGS. The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to limit or extend the scope or intent of the sections to which they apply. Section 11: ADDITIONAL, This Agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto. The parties have read and understand all of this Agreement, and now state that no representation,promise, or agreement not expressed in this Agreement has been made to induce the parties to execute the same. Failure to enforce any term or condition in any one instance-shall not be deemed waiver in other instance. This Agreement shall not be construed to favor any party. Section 12: FILING OF THE AGREEMENT, The City of Spokane and Signatory Regional City shall file this Agreement with the respective City Clerks and the City shall file this Agreement with the Spokane County Auditor and Secretary of State. • II 1111111111MM 1111111 48940682 081061230 0Q 42P • OFFICE OF CITY CLERK AIR 930.00 Spokane C , WA Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 10 Section 13: SEVERABILITY. In the event any provision of this Agreement shall be declared by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the validity, legality and • enforceability of the remaining provisions shall not, in any way, be affected or impaired thereby. Section 14: EFFECTIVE DATE. This Agreement shall become effective immediately after it is duly adopted by the Board of Spokane County Commissioners,and the Councils of the Cities of Spokane and the Signatory Regional City. IN WITNESS WHEREOF each of the parties have executed this Agreement by their duly authorized officials. DATED this f 9 day of t. ,2003. CITY OF SPOKANE By: Alt 7 4j1 . Jo .4r•owers, ayor . /r 'ac C1 City Administrator ATTEST: 01 SAS. Oil � i e.i Terri Pfister __ .. City Clerk =V 11 i i i l�w Approved as to Form: '4/#— et) //1N ,,O 7 obert Beau j,; - Assistant City A torney 1111 II 11111 11 I I 1 I 11 111111 II 49 40682 C$J08f2003 42P OFFICE OF CITY CLERK AGR $30.00 Spokane Co, Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System. Page 11 ADOPTED by the Board of County Commissioners of Spokane County,Washington this day of f ! . 2003. CO ' 'max o� t�r�,� 14�F / :A 4%.1 I f f M;/1.1. .A�... . • Jo . Rasei { . ,z . f s • •• s$ni • ATTEST; ��� _� ./ VICKY M.DALTON ,� '' .� ip anis, CLERK OF THE BOARD 1';Y: a _ LOYAA. _1( OK/L. Daniela Erickson,beputy M.Kate c i aslin,Commissioner ATTEST: APPROVED: XjAD9. J � `e la Erickso ' -"cine Boxer Jerk ofth:B.ard Chief Executive Officer Appro -d as to Form: L 1 amen P 'nisei() Deputy Prosecuting Attorney • 111111 1 1111 ,o,,ow2 002, 48940682 OFFICE OF CITY UK 1411 3 ►.O Spokano Co, WA Spokane Valley Agreement to Join Regional Solid Waste System as Regional City, pledging all solid waste to System Page 12 DATED this 3 d day of ,2403. City of Spokane Valley,WA Signatory Regional City City Manager Attest: mac. .�.�.�:, City Clerk Approved as to form: Atto ,. • DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of August 3,2011; 8:30 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 August 15,2011,Special Meeting,6:00 p.m.Council chambers [due date Mon,Aug 8] 1.ACTION ITEM: 2nd Reading Ordinance For Ballot Bond issue—Cary Driskell,Mike Jackson(40 minutes) NON-ACTION ITEMS: 2. Spokane Valley Municipal Code 3.35 Contract Authority—Mike Jackson (30 minutes) 3. Signage Regulations—Scott Kuhta (30 minutes) 4.Ballot Guidelines for Elected Officials —Cary Driskell 5.Advance Agenda (5 minutes) [*estimated meeting: 105 minutes] August 16, 2011,NO MEETING. (Meeting will be held Monday,August 15th instead.) August 23,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Aug 15] 1. PUBLIC HEARING: 2012 Revenues&Expenditures (15 minutes) 2. Consent Agenda(claims,payroll,minutes,re-appointment to Housing Dev Advisory Committee, extinguishment easement) (5 minutes) 3. Proposed Resolution Amending 2011 TIP—Steve Worley (10 minutes) 4.Motion Consideration: Set 2012 Budget Hearings for Sept 27 and Oct 11—Mark Calhoun (10 minutes) 5.Admin Report: Review of ordinance that levies 2012 property tax—Mark Calhoun (15 minutes) 6.Admin Report: Review Ordinance to Confirm Tax Levy—Mark Calhoun (15 minutes) 7.Admin Report: Traffic School—Morgan Koudelka (30 minutes) 8. Info Only: Dept Reports [*estimated meeting: 100 minutes] August 30,2011, Study Session Format,6:00 p.m. [due date Mon,Aug 22] 1. Library District 20-year Facilities Plan Overview- Doug Stumbough (25 minutes) 2. Outside Agency Presentations(Social Service Agencies) — Mark Calhoun (-60 minutes) 3.Bike and Pedestrian Master Program—Mike Basinger (90 minutes) 4. Solid Waste Update—Neil Kersten (20 minutes) 5.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 200 minutes] Wed,August 31,2011,confirmed Joint Council and County Commissioners Meeting,9:00 a.m.—Noon, Spokane County Fairgrounds, Conference Facility in the Expo Complex Bay 1. Agenda items include: (1) Solid Waste Alliance Interlocal Agreement; (2) Animal Control; (3) Milwaukee right-of-way; (4) Transportation Benefit District;and(5)Jail. September 6,2011, Study Session Format,6:00 p.m. [due date Mon,Aug 29] 1. Outside Agency Presentations(Economic Development Agencies) — Mark Calhoun (-60 minutes) 2. City Manager's Presentation of Preliminary 2012 Budget—Mike Jackson (30 minutes) 3.Building and Land Use Permitting Process Revisions—John Hohman (30 minutes) 4.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 125 minutes] September 13,2011,Formal Meeting Format,6:00 p.m. [due date Mon, Sept 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 8/4/2011 4:20:11 PM Page 1 of 3 September 20,2011,Study Session Format,6:00 p.m. [due date Mon, Sept 12] 1.Advance Agenda—Mayor Towey (5 minutes) 2.Fee Resolution Review—Mark Calhoun (15 minutes) [*estimated meeting: minutes] September 27,2011,Formal Meeting Format,6:00 p.m. [due date Mon, Sept 19] 1. Public Hearing: 2012 Budget —Mark Calhoun (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Motion Consideration: Allocation of funds to Outside Agencies—Mark Calhoun (30 minutes) 4. Info Only: Dept Reports [*estimated meeting: 45 minutes] October 4,2011,Joint Meeting with Planning Commission Study Session Format,6:00 p.m. [due Sept 26] Shoreline Draft Goals and Policies—Lori Barlow (-120 minutes) October 11,2011,Formal Meeting Format,6:00 p.m. [due date Mon, Oct 3] 1. Public Hearing: 2012 Budget —Mark Calhoun (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.First Reading Proposed Ordinance,2012 budget Property Tax -Mark Calhoun (15 minutes) 4.First Reading Proposed Ordinance 2012 budget,tax confirmation—Mark Calhoun (15 minutes) [*estimated meeting: 45 minutes] October 18,2011, Study Session Format,6:00 p.m. [due date Mon,Oct 10] 1. CDBG Project Ideas—Scott Kuhta (20 minutes) 2.Budget Amendment,2011 —Mark Calhoun (20 minutes) 3.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: 45 minutes] October 25,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Oct 17] 1. PUBLIC HEARING: 2011 Amended Budget—Mark Calhoun (10 minutes) 2. PUBLIC HEARING: CDBG—Scott Kuhta (10 minutes) 3. Second Reading Proposed Ordinance,2012 budget Property Tax—Mark Calhoun (15 minutes) 4. Second Reading Proposed Ordinance 2012 budget,tax confirmation—Mark Calhoun (15 minutes) 5.First Reading Proposed Ordinance Adopting 2012 Budget—Mark Calhoun (15 minutes) 6. Proposed Resolution Amending Fee Resolution for 2012—Mark Calhoun (20 minutes) 7. Info Only: Dept Reports [*estimated meeting: 85 minutes] November 1,2011, Study Session Format, 6:00 p.m. [due date Mon, Oct 24] 1.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] November 8,2011,No meeting (3 councilmembers attending a conference) November 15,2011, Special,Formal Format,6:00 p.m. [due date Mon,Nov 7] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Adopting 2012 Budget—Mark Calhoun (15 minutes) 3.First Reading Proposed Ordinance Amending 2011 Budget—Mark Calhoun (10 minutes) 4.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 8/4/2011 4:20:11 PM Page 2 of 3 November 22,2011; NO MEETING(Thanksgiving week) November 29,2011, Study Session Format 6:00 p.m. [due date Mon,Nov 21] 1. Info Only: Dept Reports [*estimated meeting: minutes] December 6,2011,Study Session Format, 6:00 p.m. [due date Mon,Nov 28] 1.Advance Agenda—Mayor Towey (5 minutes) [*estimated meeting: minutes] December 13,2011,Formal Meeting Format,6:00 p.m. [due date Mon,Dec 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance Amending 2011 Budget—Mark Calhoun (10 minutes) 3. Committee,Boards,Commission Mayoral Appointments—Mayor Towey (15 minutes) [*estimated meeting: minutes] December 20, 2011,Possible no meeting(Christmas Week) December 27, 2011,Formal Meeting Format,6:00 p.m. [due date Mon,Dec 19]] 1. Info Only: Dept Reports [*estimated meeting: minutes] OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Bidding Contracts(SVMC 3.—bidding exceptions) Centennial Trail Agreement Code Compliance Report—Extreme Cases Commute Trip Reduction Program Renewal East Gateway Monument Structure Governance Manual(resolution)Update Greenacres Trail/Northern Railroad Investment Accounts Liberty Lake City Sign Lodging Tax Funding for 2012 (Oct 2011) Milwaukee Right-of-way Mission Ave Design(Mission&Long ped. crossing) Monument(Veterans') Sign Old Mission Ave Trail Access Parking/Paving Options(for driveways,etc.) Pavement Management Program Update Prosecution Services Public Input Process for Capital Projects Railroad Quiet Zone Tabled Motion of 7-26-11 Sidewalks Site Selector Update Solid Waste Amended Interlocal Speed Limits Sprague Appleway Corridor Environ.Assessment WIRA,Water Protection Commitment,Public Educ. *time for public or council comments not included Draft Advance Agenda 8/4/2011 4:20:11 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Shoreline Master Program Update GOVERNING LEGISLATION: RCW 36.70A, RCW 90.58, and WAC 173-26 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: On July 19th staff provided the preliminary draft Goals and Policies that were developed in collaboration with the Shoreline Advisory Group. Prior to that meeting the Council received two letters by email that proposed revisions to the preliminary draft goals and policies and questioned the applicability of the Shoreline Management Act to lakes created as a result of gravel pit mining operations. Council requested that staff follow-up with information regarding the comments, as well as provide an updated timeline identifying the next steps of the Shoreline Master Program (SMP) update process. The attached memo discusses staffs responses in detail, however a summary of the response is noted below: Gravel Pits: Staff has consulted with the Department of Ecology and they have confirmed their position that gravel pits should be included in the SMP update. The City Attorney's office is currently reviewing the issue. Staff has met with Central Pre-Mix representatives to work toward solutions that are directly related to the unique shoreline circumstances associated with an active gravel mining operation. Centennial Properties: Staff has reviewed the revisions proposed and has concluded that the comments should be considered through the public comment process. The public review process identifies public comment periods. Following the process assures the public that all comments are considered fairly and balanced against community-wide interests. During the public review process. the Planning Commission will consider all comments received and forward a recommendation to the Council. The Council will consider the Planning Commission recommendation and will have the ability to accept the document, make changes to the document, reject the document, or provide other direction to staff. Last, the attached SMP Update timeline identifies that the next steps to review the draft Goals and Policies will be to conduct an Open House and a joint study session between the Planning Commission and the City Council. At this time the Open House is tentatively set for the first week of September and the Study Session is scheduled for October 4th. Public Hearings in front of the Planning Commission will follow, but dates have not been scheduled. OPTIONS: No Action Required RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP-Senior Planner ATTACHMENTS: Memo to Mike Jackson dated August 3, 2011 SMP Work Program Summary Resolution # 09-016 Public Participation Plan Spoka•R ne From the Community Development Department Valley Interoffice Memorandum To: Mike Jackson, City Manager From: Lori Barlow,Senior Planner CC: Scott Kuhta,Planning Manager; John Hohman,Director Date: August 3,2011 Re: SMP Update—Request for Additional Information On July 19, 2011 staff provided Council a preliminary draft of the Goals and Policies that were developed in collaboration with the Shoreline Advisory Group(SAG). Prior to the meeting,two emails were received expressing concerns about the draft document. This memo identifies how the correspondence is being addressed,and provides a recommendation on how to incorporate the comment in the shoreline update process. Gravel Pits Nathan Smith, representing Central Pre-mix (CPM), has questioned the applicability of the Shoreline Master Program to the two gravel pit sites within Spokane Valley. Prior to initiating the update process, DOE representatives noted in meetings that the gravel pit sites were to be included since they met the definition for Shorelines of the State. As indicated in the correspondence, the definition is directly related to the size of the surface water. The definition for shorelines is found in RCW 90.58.030.2(e)and states: "Shorelines" means all of the water areas of the state, including reservoirs, and their associated shorelands, together with the lands underlying them; except (i) shorelines of statewide significance; (ii) shorelines on segments of streams upstream of a point where the mean annual flow is twenty cubic feet per second or less and the wetlands associated with such upstream segments; and(iii) shorelines on lakes less than twenty acres in size and wetlands associated with such small lakes;" DOE was contacted to discuss the issue. DOE has confirmed their position that gravel pits are within shoreline jurisdiction and should be addressed during the shoreline master program update process. The issue is also under review by the City Attorney's office. Last, staff met with Central Pre-Mix representatives on August 2 to discuss the letter submitted. Staff will continue to work with Central Pre-Mix to identify solutions to address the unique shoreline issues associated with an active gravel pit mining operation. Centennial Properties A comment letter was also received from Centennial Properties' Representative stating that"Centennial Properties feels as though its concerns were not adequately addressed...we have undertaken the opportunity to revise the draft Goals and Policies to make them consistent with our understanding of the Memo to City Manager SMP Update Memo August 3,2011 Page 2 of 3 direction of the SAG." Since the comments were received just hours prior to the meeting, staff did not have sufficient time to review the comments and adequately respond at that Council meeting. At this time, staff has reviewed the comments and is recommending that the comments proceed with the draft document through the public review process for the following reasons: 1. The SAG was formed to assist staff with the development of the goals and policies. As discussed previously, the group was intentionally comprised of diverse interest groups, property owners, etc, to assure that the goals and policies represented the collective interests of the community, as well as comply with the SMA requirement that people representing different community interests develop the local shoreline programs. The group's work was intended to be the draft public review document. Now that their work is complete, the document should move forward as is, and any changes to the document should be a result of the public review process. The SAG could be reconvened to collectively discuss any emerging issues. A dissenting opinion is not an emerging issue, but a concern that should be duly considered by the Planning Commission and Council during the public review. 2. The Public Participation Plan was adopted by Resolution #09-016 on October 27, 2009 (see attached). The plan noted that the Shoreline Advisory Committee, which is now referred to as the Shoreline Advisory Group, would `Be established to provide feedback and communication primarily during the development of the goals, policies and supporting development regulations." The establishment of the SAG complies with the requirement of RCW 90.58.130 to provide full opportunity for the involvement of all persons and entities having an interest in the development and implementation of the Shoreline Master Program (SMP). The SAG group has completed their work consistent with the Public Participation Plan. 3. The public review process identifies public comment periods where citizens are invited to comment. Following the structure of the process assures the public that all comments are considered fairly and equally. Considering comments outside of the defined process could be perceived as favoring interests over those of others. 4. On July 7d', staff met with Centennial Property Representatives to discuss their concerns and advised them that the appropriate time to present the comments would be prior to the public hearing. However, the representatives were informed that if they chose to provide comments on the SAG Goals and Policies draft,that those comments would be forwarded for review during the public review process as a dissenting opinion. Centennial Properties representatives indicated that this was acceptable. This option was also mentioned at the June 23rd SAG meeting so that all members understood what their alternatives would be should they disagree with the draft. Next Steps of Review Process Attached is an updated Work Program Summary that reflects the new tasks and timeline associated with the DOE Grant. The Summary identifies the general timeframes anticipated for open houses, study sessions, Planning Commission Public Hearings, and Council Review. The timeline will be adjusted accordingly as the draft documents move through the process. Please let me know if you would like additional information. Shoreline Master Program Update — Work Program Summary Q Complete * Not scheduled or work-in-progress 2009 c -a co to Q +• 9 U cu LL 2 a 2 a (n o z 0 URS Corporation Selected Q Shoreline Inventory Conducted (Consultants Q conducted a field inventory) Public Participation Plan reviewed by PC and CC 0 Open House#1 (Nov 5 2009—Topic: General info Q on SMP Update) Draft Shoreline Inventory and Analysis Report 0 Completed 2010 Open House#2 ( Feb 4 2010—Topic: Inventory and 0 Analysis Report) PC and CC Study Session (Inventory and Analysis Q Report) PC PH on Draft Inventory and Analysis Report 0 CC Meeting(Review Draft Inv. and Analysis Report- 0 May 4, May 11) CC Resolution#10-014 (Accepting Draft Inv and 0 Analysis Report) 2011 SAG Meeting#1 Q SAG meeting#2 0 SAG Meeting#3 0 SAG Meeting#4 Q SAG Meeting#5 0 SAG Meeting#6 0 SAG Meeting#7 0 SAG Meeting#8 0 SAG Wrap-up Meeting—Elective Meeting Q Open House#3—Draft Goals and Policies * Joint PC/CC Study Session—Draft Goals and * Policies PC Public Hearing—Draft Goals and Policies * CC— Draft Goals and Policies (Review and * Resolution) February 24, 2011;revised July 25, 2011 Page 1 Shoreline Master Program Update — Work Program Summary El Complete * Not scheduled or work-in-progress 2011 L L Op a ++ 9 c, co 612 2 a 2 < ( 0 o Drat Environment Designation Complete * Open House#4—Draft Environment Designations * Joint PC/CC Study Session—Draft Environment * Designations Draft Critical Areas Integration Analysis * 2012 PC—CC Critical Areas Integration Analysis Update * PC Public Hearing—Draft Env Designations * CC— Draft Env. Designations (Review and * Resolution) Draft Development Regulations Complete * Open House#5 Draft Development Regulations * Joint PC/CC Study Session—Draft Development * Regulations PC Public Hearing—Draft Dev Regulations * CC— Draft Dev Regulations (Review and * Resolution) Draft Restoration Plan Complete * Open House#6 Draft Restoration Plan * Joint PC/CC Study Session—Draft Restoration Plan * PC Public Hearing—Draft Restoration Plan * CC—Draft Dev Restoration Plan (Review and * Resolution) Draft Public Access Plan Complete * Open House#7 Draft Public Access Plan * Joint PC/CC Study Session— Draft Public Access * Plan PC Public Hearing—Draft Public Access Plan * CC—Draft Public Access Plan (Review and * Resolution) Draft Cumulative Impacts Analysis Report * No Net Loss Report * February 24, 2011;revised July 25, 2011 Page 2 Shoreline Master Program Update — Work Program Summary 2013 c -a co L OA Q ++ 9 U Li' 2 a 2 a (n 0 z o DRAFT SMP Complete * PC Public Hearing—Draft SMP * CC—Draft SMP—Ordinance * El Complete * Not scheduled or work-in-progress February 24, 2011;revised July 25, 2011 Page 3 ( ( CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 09-016 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A PUBLIC PARTICIPATION PLAN FOR THE SHORELINE MASTER PROGRAM UPDATE WHEREAS, the Washington State Legislature passed the Shoreline Management Act (SMA) in 1971 requiring, among other things, the development of a Shoreline Master Program for cities; and WHEREAS, following incorporation, the City of Spokane Valley adopted the Spokane County Shoreline Master Program (SMP) as the interim SMP for the City to comply with the requirements of the Shoreline Management Act; and WHEREAS, the City of Spokane Valley must take Iegislative action to update its Shoreline Master Program to ensure the program complies with the new 2003 Shoreline Master Program Guidelines requirements of the SMA (RCW 90.58 and WAC 173-26); and WHEREAS, the update of the City of Spokane VaIley's Master Program must be completed on or before December 1, 2013,pursuant to the timetable mandated in RCW 90.58.080; and WHEREAS, the city of Spokane Valley must establish and broadly disseminate to the public a public participation program consistent with RCW 90.58.130 that identifies procedures and schedules whereby updates, proposed amendments,or revisions, are considered by the governing body; and WHEREAS, on October 8, 2009, the Spokane Valley Planning Commission voted to forward to the City Council a recommendation of approval of the Public Participation Plan for the Shoreline Master Program Update. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. Adoption of Public Participation Plan for the Shoreline Master Program. The City Council adopts the attached Public Participation Plan for the City of Spokane Valley Shoreline Master Program Update. Section 2, Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 27th day of October,2009. IC O A '•ANE V•LLEY AT' S /`�.f11��� •�.: • ichard M. Mures. 1, Ma or 7( 2, .4 pi---Christine Bainbridge, City Clerk --- Approved as to form: ' 4, . .- Office the Crty Attorney Resolution No.09-016,Public Participation Plan for the SMP Update Page 1 of 4 Spokane Valley Shoreline Master Program and Development Regulations Update Public Participation Plan Project Update the Shoreline Master Program and Development Regulations consistent with the DOE Guidelines. The update process includes completion of inventory and analysis reports with corresponding maps and illustrations that characterize shoreline ecological conditions; development of shoreline policies, environment designations, and use regulations; as well as analysis of cumulative impacts and uses, and preparation of a shoreline restoration plan. Applicable Rules and Regulations The following regulations apply to this project: 1. WAC 173-26-201 Comprehensive process to prepare or amend shoreline master programs 2. WAC 173-26-100 Local process for approving/amending shoreline master programs 3. RCW 36.70A.140 Comprehensive Plans--Ensure public participation 4, RCW 90.58.130 Involvement of all persons having an interest, means 5. WAC 365-195-600 Public Participation. Public Involvement Plan Overview The public involvement plan is based on the following requirements or points: 1. Create opportunities for early and continuous involvement of all interested parties that include, shoreline property owners, state agencies,Tribes, local residents, neighboring jurisdictions, elected officials, recreational users,conservation groups, etc. 2, Include opportunities to identify shoreline management issues of local concern early in the process; 3. Inform the public of the process, opportunities to participate, decisions made, and next steps by utilizing various media methods. The plan includes the use of a Shoreline Advisory Committee and the identification of a Technical Advisory Group, community meetings, Planning Commission and Council workshops,meetings and briefings, creation of a shoreline page on the City's website, and mailings. The specific elements of the plan include: Citizens Advisory Committee and Technical Review Group A Technical Review Group(TRG)will consist of representatives from local, regional, state,and tribal agencies. The City is required to seek input, participation and recommendations from these groups. Completed phases of the update will be provided to the group for review and comment to share information, encourage cooperation and promote intergovernmental activity associated with the SMP update. A list of TRG members will be developed for distribution of materials. A Shoreline Advisory Committee(SAC)will be established to provide feedback and communication primarily during the development of goals, policies and supporting development regulations. However, the committee may be used throughout the process. The SAC will consist of property owners, interested neighborhood groups, recreational users, interested individuals and organizations with technical expertise. A limited number of government and agency representatives may be involved at this level. The Committee will review and discuss the findings and or recommendations associated with the phases listed below, Resolution No.9-016 Page 2 of 4 Key points for discussion with committees are: 1. Shoreline inventory, characterization, and analysis a. Present report and request feedback and issue identification 2. Shoreline environment designation a. Introduce designations and rationale—request input 3. Shoreline policy and regulation development a. Ongoing meetings to review the draft policy and regulation language 4, Cumulative impacts analysis and restoration planning a. Present reports and request input Open Houses/Community Meetings This format will be used to educate the public on the Shoreline Master Program and gain input from the public on issues or alternatives. Open Houses will be scheduled at the conclusion of the following tasks or other significant timeline events. Shoreline inventory, characterization and analysis report 2 Development of the environment designations 3 Draft Shoreline policy and regulations 4 Draft cumulative impacts analysis and restoration plan 5 Final Draft Plan and Development Regulations City of Spokane Valley Web page Staff will create and maintain a web page. The web page will be used to issue press releases, SMP updates, and notices for public meeting. Content updates will occur as new information is available. The web page will also be used to distribute information and provide opportunity for public comment. Materials on the site will include fact sheets,reports,maps, as they become available, meeting notices, agendas, and summaries, and staff contact information. Informational Mailings Mailings will be sent to all the property owners within the shoreline jurisdictional area that describe the SMP update process, introduce the City of Spokane Valley web page where information can be consistently found regarding shoreline update process, and identify key staff for contact information, Property owners will be encouraged to provide their email addresses for the email distribution list. Additional mailings may be completed for open houses and public hearings to insure opportunity for feedback. E-mail Notification and Mailing Lists Staff will maintain an E-mail distribution list and a mailing distribution list for notices of scheduled public meetings. Notice will be provided by mail and/or email. Individuals and Organizations interested in being on the mailing list will be provided opportunity to add their names to the list at public meetings, on the shoreline website, or by contacting staff directly. Staff will distribute updates,notices for open houses, and notices for Planning Commission and Council meetings. Press Releases Press Releases will be prepared and published area wide prior to each open house. Planning Commission Updates/Public Hearings Staff will provide monthly updates to the Commission on process and progress. Study sessions will be scheduled at the conclusion of major tasks or other significant timeline events. Tasks and information to be reviewed will be the same as the Committee work program. The Commission will conduct a public hearing and provide a recommendation to the council to accept each completed phase of the SMP update Resolution No.9-016 Page 3 of 4 by resolution. Additional Study Sessions/workshops will be held prior to public hearings for final review by Commission. The Commission will hold a minimum of one public hearing and forward its final recommendations and findings to the City Council for further action. Joint Plan Commission and Council Review Meetings Joint work sessions may be held between the PIanning Commission and Council to review preliminary Shoreline Master Program Information at the conclusion of major tasks. Joint sessions will be scheduled at the discretion of staff if it is determined to be a more efficient means to review information. Council Updates/Public Hearings Staff will provide quarterly updates to council. As major components of the SMP are completed Council will be asked to accept them individually by resolution(or other mechanism) including the public participation plan, inventory and analysis,environmental designations, goals and policies,and regulations. Study sessions will be conducted prior to a request for action on each component. Study Sessions will be conducted prior to any public hearings conducted for final adoption of the plan. • Additional Public Meetings Staff may elect to hold additional meetings if it is determined that more meetings are needed to provide project information and/or provide additional opportunities for gathering public comments and public participation. Written comments Written comments will be considered throughout the SMP update. During formal comment periods, written comments must be received by the end of the public comment period (to be determined). All written comments should be sent to the address below or may be submitted through the Shorelines Master Program Update web page. City of Spokane Valley Community Development Department 11707 E Sprague Ave, Suite 106 Spokane Valley,WA 99206 Fax 509-921-1008 Staff Staff will be available to answer questions and provide information regarding the Shorelines Master Program update. The following individuals may be contacted for shoreline update information: Greg McCormick,AICP, Planning Manager, Project Lead (509)688-0023 Lori Barlow,Associate Planner, 509-688-0262 Micki Harnois,Associate Planner, 509-688-0048 Resolution No,9-016 Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: August 9, 2011 Department Director Approval ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ® executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: Performance Review of a public employee GOVERNING LEGISLATION: RCW 42.30.110(1)(g)] PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: "I Move that Council adjourn into executive session for approximately minutes to discuss the performance review of a public employee and that no action will be taken upon return to open session." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: