2006, 01-10 Regular Meeting
.
AcF-vDA
SPOKAn`1: `'ALLEY CITY COUNCIL
SPrCl1►L MEETING
Council ~**tcrting #83
Tacsclay..Taaaary, 10.'1006 6:00 p.i».
CtTI' HALL 4T REDWOOD YLA'L.a
11707 East Spragne Avcnue, First Floor
Cotrncil Rrquests All Electranic Devices bc Turned OfiDuring Coancil Meeting
CALL 7'O ORDER
[NVOCATION: E'astur Nlurcia '1'ay'Ior, E'ast Vallcy Presbytcrinn
PLEDGE Or ALLrGi AItiCE
ROLL CAI.L.
Al'PROVAL (.)N AGENDA
iN'I'RODUCTIUN UF STECinL GtrEStS AND PRESEh fATic)NS
C:OhiM1TtEE, BUARD, LIAISO'_v Sl!MM1IARY RF:FORTS
nLAYOR's RF-roxT:
PUBLIC CUMNILNI'S F\ccpt «iic:c indicat;.~ci lxlow for "public commenC" this is an opportunity for
the publie ta spealc cm any topic. WI►cn yau come to tlic p(xiium, plcau Stntc your natnr nnd a,idnss for
thc recoccl and limit remarks tu three minutes.
1. CONSENT AGEhDA Cunsists of iicros wnsidrred routinc whirli arc appravC'd 35 IIgftiUp. A
Cuuncilrncmbcr may rrmavc an item from thc Consent Agrnda to bc consiJend scparatel}•.
a. E:ollowing claim vouchers:
VOUCHER I.ISTUATE VOUCHER #s TO'I'AL VUi;C!-[ER AMQUNT
12-09-2005 R 168-R'' t b $155,821.04
12-17-2005 822.3-8259 $127,447.44
l 2-27-2U1>> 8264-8304 $1.811.711.96
12-30-?OUS 8305-8338 5159,039_ 10
(i[L1~I7 TdTA[. S2,254,0 I y.54
b. Payrc}ll for Pny Acrirxi rnding Ueccmber 15, 2005: S143,187.7•1
c, Pn)Toll fur 1'ay Pcriad Ending Ucx:rmUrr 31, ZUQS: 5202,785.78
d. Appruval of Special Council .10ceting of De.~mbcr 12, 2005
e_ Approvsl of Minutes of Regulnr Councif Meeting of December 13, 2005
f. Approval of NZinures of Spcx:ial Council Meeting of Dccembcr 19, 2005
Approti:il of Minutes of C'ounril Study Sessinn Mccting of Decembec 1-0, 2005
h. Approval of Minutc.. ot'i'ouncil Study Srstiiurti Mrzting ofJnnunry 21006
NFW Bt1SINF.SS
t4tciliOQ LOI1SIljCf.ition: SchotiI Kcsour.:r. Pasitioa (Eust Vallcy Scliool District) - Cw) Walkcr
Ipvhlic commentj
l,iuntil .1~,•c:..15 u1-IU•UU l.<_~la~ '~tr~..u:; 1';i ~c f; '
PUI3L[C CU:l1?11Eti'1'S k-:xccpt w1►ete indicaled abcve fuf "publir commeni" this is an opportunity tor
thc puhlic to speak on nny topic. Wicn ynu comc tn the podium, plcaqc statc your namc nnd :uidress for
llll' f:'iilfd .!Rd lIFEIII R'II1;1[1(S 10 I111'~;.7 IIl!i1L11C~,
ADhiLNIS'1'PLAT1VE R1:Yt)RTS:
Amended Fee Resolution l.ipdate - Kcn 'I hompson
-t. Enforcement Process (inctuding Iiearing Examiner provisiuns) - Mike ConnclIy
5. Off-Roact Vchicle Usc - Cury Driskell
6. ('itti• Ittcrcation Ptogr;►m Lfp,latc \likc laclc-ion
ENFOR4IATION ONLY: (The.se iteno tit r/1 rrc,1 be rliscusscd ur recxrr<<cl trlpo►t. J
7. IIclmct tJsc I:ducatiun - Chris Bainhridge
8. Plastic lnjectirn Moiding- Marinn Suku}l
9. UR-1 tnterim 'Loning (exPires 3-0&06) - Mannn Sukup
10. Spokane County Library Uistrict Novembcr 2005 Rcpon
11. Planning Cammission Appcuved Minutes uf Novtmber 10, 2005
A Dd0[tRNMENT
FL7URl•' SC'IIEI)l 'Lls
Regulcr C.ouncil Wttings art gencraUy hclA Ind and I"' Tuecdays, hegfnning at 6: OU p. nL
Council Study Sesrions are generully Ireld 1", miJ ;rlr 7'ur3davs, 6egirning at 6: 0D p. rn.
Other Tcntative UQ,cuncinp 1{Leuln~s/Evrnls:
Thuts,lan 12, 2UQ6. b:40 p.ta., Special Council ~Mccting: Council Ueliberat;on Cump j'Isn Lancf t !:,e
Mon, !an 23, 2006, 6:30 p.m. Central VnUry Sehool District loint N4eeting, CVSD C)flice
I'huts, Feb 4, 6;00 p.m., Special t_'.,imcil mectittL;: Council Drlihcrr,tion Conip Pl:in I(c>usin~; &
Neighborhoods
S:il., Fcb 11, 2006 - Count;iL'Striff%VMr::r Krtrrat i tinir t, i 1•r :tvt.ninc,d l:it<r 1
llrurs, Teb 33, 6:00 p.m., 5prcial Luunc;il Meeting., C'oancil [)rtiberaeion Y:uks & RecrcatWn
7'hur, March 9, 6:00 p.m. Specia! Council Merting Council Uclibcrntion Comp Plan Cap►tal Fuctliuen~
I hurs March 23. 2000. 6:00 p.m. Sprcial Council N9ee1ing, Fina] Public Ncuring Comp Plen
NOIICF.: Individiiuls plsumtng to aztcnd dic mvccing whu rcquire spcctnl asstslaaucc m nccair►modntc ph}sical, hr.aring, or otha
impairment-, pleau cuntisct thc City Clcrk st (50 1931-1 f)l)0 as soon as passlble sn that arrnngcmenzi mny he mnLlc.
C:Hut,cil Aa;:V.,la 01-I0-00 :1rUU141 2 rlf 2
, ~ . CITY OF SPOKANE VALLEY
% Request for Council Action
Meeting Date: 01-10-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approvfll ofthe Following Vouchers: •
BACKGROUND:
VOUCHEIt LIST nATE ~ VOUC}-Ir: R#s ~ TOTFIL VOUCFI:FIR Al'VIOUNT
12-09-2005 ~ 3165-8216 I $155,821.04
12-17-2005 ~ 8223-8259 ~ $127,447.44
12-27-2005 ~ 8260-8304 ~ $1,811,711.96
~ 12-30-2005 ~ 8305-8338 ~ $159,039.10
~ GRAND TOTAL, $2,254,019.54
~ . .
RECOMMENDED ACTION OR MOTION: Approve claims for vouchers: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington
ATTACHMENTS Voucher Lists
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vChlist VOUCher List Page: 1
1210912005 , 4:22:10PM Spokane Valley
Bank code: apbank
Voucher Date Vendor Invoice PO iF DescriptioNAccount Amount
8168 12/812005 000977 ELEGALSUPROR7.COM 12l8J05 PROCESS SERVWG 59.00
Tota I : 59.00
8169 12/9l2005 000197 AIR INC. 96728 EMPLOYEE BACKGROUND CHECK 50.00
Total : 50.00
8170 12/9/2005 000335 ALTON'S TIRE INC. 6-10703 VEHICLE MAINTENANCE/BATTERY 152.54
6-11263 VEHICLE MAINTENANCElCHANGE 56.47
6-11471 VEHICLE MAINTENANCEICHANGE 28.37
Totai : 237.38
8171 1219l2005 000037 AMERICAN LINEN INC. 144302 FLOOR MAT SERVICE 45.34
Total = 45.34
8172 12/9/2005 000135 AMERICAN PLANNING ASSOCIATION 096840-120405 APA MEf1ABERSHIP RENEWAL 150.00
Tota I : 150.00
8173 • 12/912005 000843 ASFPM ID NO. 761012 MEMBERSHIP RENEWAL 90.00
Total : 90.00
8174 12/9/2005 000030 AVIS7A UTILITIES 90091047 CENTERPLACE POWkFt 5,337.80
Total : 5,337.80
8175 1219/'1005 000841 BCI CREATIVE INC. 7060 CENTERPLACE ADVERTISING 9,694.37
, Total : 9,694.37
8176 1219/2005 000907 BUILDING MAIN1"ENANCE SUPPLY 21236 CENTERPLACE JANITORIAL SUPPI 41.40
21419 40796 CENTEI2PLACE JANI70RIAL SUI'PI - 37.82
22011 40817 CEN7ERPLACE JANITORIAL SUPPI 144.42
22611 40808 CENTERPLACE JANITORIAL SUPPI 337.74
. Total : 561.38
8177 1219/2005 000729 CH2MHILL INC. 3533421 40691 VALLEY COR121DOR ANALYSIS PR( 11,427.55
Tota l : 11,427.55
8178 12/9f2005 000109 COFFEE SYSTEMS INC 35779 COFFEE & TEA SUPPLIES 157.21
Page: 1
vchlist . Voucher List Page: 2
1210912005 4:22:10PM Spokane Valley Bank code : apbank
Voucher Datc Vendor Invoice - PO # Description/Account Amount
8178 1219/2005 000109 000109 COFFEE SYSTEMS INC (ConUnued) - Total : 157.21
8179 12/9l2005 000508 CONOCOPHILLIPS FLEET 870166725511 VEHICLE FUEL 1,333.71
' • Total : 1,333.71
8180 121912005 000326 CONSOLIDATED IRRIGATION DIS7, #19 05859.0 WATER CMARGES 66.17
06377.0 WA7ER CHARGES 49.00
Total : 115.17
8181 12/9124D5 000235 DATA BASE 23554 DOCUMENT SHREDDING SERVICE 30.00
. Total : 30.00
8182 12l912005 000136 DEPARTMENT OF INFO SERVICES, STA' 2005110224 STATE fT SERVICES 24.42
Total : 24.42
8183 12l9l2005 000665 DEPT OF GENERALADMINIS7RA710N 18-1-42235 MEMBERSHIP RENEWAL 200.00
Total : 200.00
8184 1219/2005 000975 GLASER & ASSOCIATES, INC. 403 SURVEY FEE 600.00
, Total : 600.00
8185 1219f2005 000071 GOLMAN, SUE 12/08f05 SG Reimb REIMB. OFFICE SUPPLIES & 7RAV1 27.48
. Total : 27.48
8186 • 12/9l2005 000441 HOME DEPOT COMMERCIAL CREDIT 2582485 CENTERPLACE OPERATING SUPPI 9.70
' 2595488 SMALL TOOLS & MINOR EQUIPMEP 28.14
4012328 ' CENTEFiPLACE OPERATING SUPPI 124.84
4012329 CENTERPLACE OPERATING SUPPi 38.95
8072519 CENTERPLACE OPERATING SUPPI 211.87
Total : 413.50
8187 121912005 000388 IRVIN WATER DIST. #6 112500.0 WATER CHARGES 165.00
. Total : 165.00
8188 12/9/2005 000265 JACKSON, MIKE 12l06105 MJ Reimb. REIMB. TRAVEUMILEAGE 30.73
Total : 30.73
8189 12/9/2005 000974 KING, CHRISTA 11/14/05 Refund REFUNp CENTERPLACE DEI'OSIT 200.00
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vchlist , Voucher List Page: 3
1210912005 4:22:10PM Spokane Valley
Bank code : 8pbank -
Voucher Date Vendor , Invoice PO # DescriptionlAccount Amount
8189 12/9/2005 000974 000974 KING, CHRISTA (Continued) Total : 200.00
8190 1719l2005 000545 l.0 INK SPECIALTIES 9799-2 40820 CLIPPER TAGS FOR BLDG. DEPT. 49.95
Total : 49.95
8191 1219l2005 000949 MC ROBERTS, CAROUNE 12/2/05 CM Reimb. REIMB. EMPL. APPREC. DINNER E: 166.43
12/2l05 CM Reimb. REIMB. FOR SOFTWARE 48.36
Total : 214.79
8192 12/9l2005 000033 MCPC, INC. 4841021 40832 OFFICE & KI7CHEN SUPPLIES 907.71
Total : 907.71
8193 1219/2005 000258 MICF20FLEX INC. 00015988 TAX AUDIT PROGRAM 514.20
00015992 TAXTOOLS SOFTWARE RENTAL 341.63
. Tota I : 855.83
8194 12/9/2005 000132 MODERN ELECTRIC WATER COMPANY 11f29l05 Modem Elec STREET LICHTING POWERlWATEF 11,785.81
Total : 11,785.81
8195 12/9/2005 000058 OCCUPA71014AL MEDICINE, ASSOCIATE A500163 11f30l05 EMPLOYMENT PHYSICALS 202.00
Total : 202.00
8196 1219/2005 000652 OFFICE DEPOT INC. 314655730-001 OFFICE SUPPLY CREDIT -171.96
• 315849620-001 40830 OFFICE SUPPLIES 226.21
315849703-001 40830 OFFICE SUPPLIES 126.18
• Total : 180.43
8197 12/912005 000899 ONEEIGHTY NETWORKS - 504724 1"-1 CIRCUITS 825.75
- Total : 825.75
8198 12/9/2005 000976 P.S. JOBS LLC 620 AqVERTISING 99.00
. Total : 99.00
8199 12/9/2005 000494 PRO PEOPLE STAFFING SERV INC. 7,742 TEMPORARY EMPLOYMENT SERVI 339.36
Total : 339.36
8200 1219/2005 000024 RESOURCE COMPU'CING INC. 36946 IT SUPPORT/SERVER MAINTENANi 2,278.50
Total : 2,278.50
. Page: 3
vchlist • Voucher List . Paye: 4
1210912005 4:22:10PM Spokane Valley Bank code : apbank
Voucher Oate Vcndor Invoice PO ti QescriptionlAccount Amount
8201 12l9/2005 000297 SCHOLTENS, TOM 12l6J05 TS Reimb. OFFICE FURNITURE - MARINA 374.00
Tota I : 374.00
8202 12l912005 000709 SENSKE I.AWPJ 8 TREE CARE INC. 1248026 MONTHLY CONTRACT PAYMENT 48,777.97
' 1297018 CENT.TRAIL MONTHLY CONTRACT 1,898.75
, Total : 50,676.72
8203 12/912005 000844 SIMS, AUDRA 10117105 AS Reimb. REIMB. DAY CAMP MISC. SERV. 52.61
Total : 52.61
8204 1219/2005 000172 SPOKANE COUNTY ENGINEER VLY0510 40720 COUNTY ENGINEERING SERVICES 33,885.99
. • Total : 33,885.99
8205 12/9/2005 000656 SPOKANE COUNTY ENGINEERS 17047 GAS MAIN & WATERLINE INSPECT 1,387.72
17206 GAS MAIN PERMIT INSPECTION • 10.28
Total : 1,398.00
8206 1219/2005 000406 SPOKANE REGIONAL CVB 11/30/05 Contract TOURISM PROMOTION 11,333.33
Total : 11,333.33
8207 12/9l2005 000405 SPOKANE VALLEY COMMUNITL, CENTE SVCC 2005 OU751DE AGENCY SERVICES 4,000.00
Total : 4,000.00
8208 1219/2005 000211 STATE TREASURER . 23201 0039901 LICENSE RENEWAL 116.00
_ • Total : 116.00
8209 1219l2005 000063 TAYLOR, STEVE 12/1l05 ST Reimb. REIMB. 7RAVEL/MILEAGE 47.81
• • Tota I : 47.81
8210 121912005 000640 THE FOCUS GROUP INC. 1413 CENTERPLACE GRAND OPENING 1 1,000.00
Total : 1,000.00
8211 1219l2005 000093 THE SPOKESMAN-REVIEW INC. 42365 11l30/05ADVERI'ISING 536.54
• Tota I : 536.54
8212 12/9/2005 000167 VERA WATER 8 POWER 4001-031971.02 STREET POWER LIGHTING CHARC 88.81
0001-032805.00 • STREET POWER LIGWTING/WA'fEF 19.48
0002-001425.01 S7REET POWER UGHTING CHARC 174.81
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vchlist Voucher List Page: 5
12I0912005 4:22:10PM - Spokane Valley
Bank code : apb2nk
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8212 12/9/2005 000167 VERA WATER & POWER (Conlinued)
0004-000755.01 STRF-EI' IIGHTING POWER CHARC 174.34
• 0005-016348.01 STREET UGH7ING POWER CHARC 62.48
0016-007780.00 STREE7 POWER LIGHTING/WAl'EF 242.23
0099-000005.00 STREET POWER LIGHTING CHARC 1,714.44
- Total: 2,476.55
8213 12/9/2005 000964 VOLT 13521259 7EMPORARY EMPLOYMENT SERVI 297.00
- • Total : 297.00
8214 1219l2005 000038 WASTE MANAGEMEN7 OF SPOKANE 16349742681-3 WASTE DISPOSAL SERVICE 313.32
Total : 313.32
8215 1219/2005 000347 WORLEY, STEVE ' 12I7l05 SW Reimb. REIMB. ASCE MEMBERSHIP DUES 220.00
Total : 220.00
8216 12l9/2005 000649 WSBA WSBA # 24087 _ 2006 UCENSE FEE - DRISKELL 404.00
Total : 444.00
49 Vouchers for bank code : apbank Bank total : 155,821.04
. 49 Vouchers in this report , Total vouchers : 155,821.04
I, the undersigned, do certify under penalty of perjury,
that the materials have been fumished, tlie services
rendereti, or the labor periormed as de ,cribed herein _
and that Uie daim is just, due and an unpaid o5ligation against the City of Spokane Valley, and th8t I am
authorized to authe+iticate and certify io said ctaim,
Financo Qirector Date
Page: 5
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vchlist Voucher List Page: 1
1211712005 5:31:33PM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # , QescriptioNAccount Amount
8223 12l1612005 000335 ALTON'S TIRE WC. 6-11630 VEHICLE MAINTENANCE 26.27
Total : 26.27
8224 12/1612005 000135 AMERICAN PLANNING ASSOCIATION 100486-120405 MEMBERSHIP DUES 283.00
Total : 283.00
8225 12/16/2005 000168 B 8 C TELEPHONE INC. 106204 'fELEPHONE REPAIR & LABOR 159.50
106343 TELEPHONE REPAIR & LABOf2 684.64
Total: 844.14
8226 12/16l2005 000173 BINGAMAN, GREG 12114/05 Gf3 Reimb. REIMB. MILEAGE AND SUPPLIES 15.97
Total : 15.97
8227 12l1612005 000918 BI.UE RIBBON LINEN SUPPLY, INC. 8654549 LINEN SERVICE FOR CENTERPLA( 168.02
8660462 LINEN SERVICE FOR CEN7ERPLA( 128.77
8662458 LINEN SERVICE FOR CENI'Ei21'LAC 181.60
8666370 LINEN SERVICE FOR CENTERPLAC 11028
8668308 LINEN SERVICE FOR CENTERPLA( 116.90
8670280 LINEN SERVICE FOR CEN'I'Ef2PLAC 120.26
8672208 LIMEN SERVICE FOR CENTERPLA( 116.75
8674174 LINEPI SERVICE FOR CENTERPLAC 116.75
S0020804 CENTERI'LACE LWENS SERVICE 12.20
S0020991 LINEN SERVICE FOR CENTERPIAC 12.89
• • Total: 1,084.42
8228 12/16/2005 000101 CDWG , VG24536 40828 TEAC CDRW DRIVE 60.86
Total : 60.86
8229 12116/2005 000109 COFFEE SYSTEMS INC 35922 CENTERPLACE COFFEE SUPPLIE: 38.77
Tota I : 38.77
8230 12116/2005 000605 COLUMBIA FIBER SOLUTIONS 3856 12f8/05 DARK FIBER LEASE 32.55
Total : 32.55
8231 12116f2005 000686 DEPAR'i'MENT OF UCENSING 12/16l05 DOL Cash CASH TRANSMI77AL TO DOL 69.00
Total : 69.00
' Page: 1
vchlist Voucher List Page: 2
1211712005 5:31:33PM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # DescriptioNAccount Amount
8232 12116l2005 000010 FEDEX KINKO'S OFFICE SERVICES 289700000261 COPYING & BINDERS 976.54
OA-29551 CREDIT FOR OVERPAYMENI' -4.07
Total : 971.47
8233 12/1612005 000629 FRIENDS OF THE CENTENNIAL, TRAIL 12/16I05 Membership MEMBERSMIP DUES 35.00
Total : 35.00
8234 12I1612005 000171 GEIGER CORREC710NS CENTER 11105 Geiger Corr. GEIGER PROGRAMS FOR 11l05 14,459.46
. Total : 14,459.46
8235 12/1612005 000393 INLAND AUDIO VISUAL 6157 40799 EQUIPMENT REN7AL 97.65
' Total : 97.65
8236 12I16/2005 000022 INLAND BUSINESS PRODUCTS, INC. 53434 CITY PHOTO ID CARD 19.53
53443 CITY PHOTO ID CARD 19.53
Tota I : 39.06
8237 12/16J2005 000288 INTERNA710NAL CODE COUNCIL 0083216-IN 40844 BUILDING PUBLICATIONS 165.72
Total : 165.72
8238 12/1612005 000117 JOURNAL NEWS I'UBLISHING INC. 26958 ADVERTISING 102.00
26959 ADVERTI S I P1G 82.50
26991 ADVERTISING 40.60
26997 ADVERTISING 45.00
26998 ADVERTISING 45.00
- 26999 ADVERTI SI N G 30.75
Total : 345.85
8239 12116/2005 000366 KESSLER GIS 104 40831 REGISTRATION 335.00
Total : 335.00
8240 12/16/2005 000616 NEW HORIZONS INC. 24479 COMPUTER TRAINING CLASSES 1,090.00
Total : 1,090.00
8241 12/1612005 000193 NORTHWEST CHRISTIAN SChI00L INC January 2006 Rent JANUARY 2006 RENT 24,446.07
_ • Total: 24,446.07
8242 12/16l2005 000652 OFFICE DEPOT INC. 315787591-001 40829 OFFICE SUPPLIES 767.64
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vchlist Voucher List Page: 3
1211712005 5:31:33PM Spokane Valley _
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8242 12/16/2005 000652 OFFICE DEPOT WC_ (Gontinued)
• 315787592-001 40829 OFFICE SUPPLIES 108.79
315649620-002 40830 OFFICE SUPPLIES 21.09
316163739-001 40833 OFFICC SUPPUES 640.54
316361746-001 40829 OFFICE SUPPUES 29.36
316453280-001 40838 MS WIRELESS OP7ICAL DESKTOP 108.48
316453881-001 40843 COPIER PAPER 957.44
316658708-001 OFFICE SUPPUES - CREDIT -41.33
316863305-001 40841 OFFICE SUPPLIES 4.68
• • . Total: 2,596.69
8243 12/16/2005 000307 OFFICE 01= 7HE STATE TREASURER 11130105 State STATE REMITTANCES 52,109.68
Tota I : 52,109.68
8244 12/1612005 000677 PLANNING ASSOCIATION, OF WASHINC CI-0121 Renevral MEMBERSHIP RENEWAL 80.00
. Total : 80.00
8245 12/16/2005 000868 POWER CITY ELECTRIC CON. INC. 17202 40801 PROFESSIONAL SERVICES 524.06
17202 40812 PROFESSIONAL SERVICES 784.31
40812
Total : 1,308.37
8246 12116/2005 000494 PRO PEOPLE STAFFING SERV INC. 7,531 TEMPORARY EMPLOYMENT SERVI 691.00
7,955 TEMPORARY EMPLOYMEN'i' SEf2V1 884.48
' Total : 1,575.48
8247 12/16/2005 000019 PURRFECT LOGOS, INC. 15184 40837 CENTERPLACE LOCO TSHIR7S 100.04
Total : 100.04
8248 12/1612005 000341 RICOH CO{21'ORATION 06018847524 COPIER REIdTAL PAYMENT 246.30
06018847955 COPIER REN7AL FAYMENT 412.30
06018866737 COPIER REN'I'AL PAYMENT 238.70
Total : 897.30
8249 12116/2005 000230 SPOKANE CNTY AUDITORS OFC, RECO 12/08l05 Rec. fees COUNIY RECORDING FEES 281.00
Total : 281.00
8250 12116/2005 000658 SPOKANE COUNTY ENGWEERS 17047 CONSTRUCTION PERMIT INSPEC7 4,532.03
Page: 3
vchlist Voucher List Page: 4
12117/2005 5:31:33PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptioNAccount Amount
8250 12116/2005 000656 SPOKANE COUNTY ENGINEERS (Continued)
' 17143 CONS7RUC710N I'ERPAI7INSPEC7 3,272.75
17206 . CONSTRUCTION PERMIT INSPECT 322.16
Total : 8,126.94
8251 12/16f2005 000090 SPOKANE COUN`IY INFORMA710N, SYS 51804 CLASS FOR CONNIE GROVE/ 1/2 C 672.50
Total : 672.50
8252 12l1612005 000308 SPOKANE COUNTY PROSECUTING, ATl 11/05 Pros. Attomey CRIME VICTIMS COMPENSATION F 720.66
' Total : 720.66
8253 12/16/2005 000001 SPOKANE COUNTY TREASURER 12l1/05 Fiearing Exam COI'Y OF RECORD F012 PE-1949-a 188.25
• • Total : 188.25
8254 12I16/2005 000323 SPOKANE COUNTY UTIUTIES 0316081081608 SEWER CHARGES 254.69
' Total : 254.69
8255 12/1612005 000500 TOSHIBA 2207341 40758 EXECUTIVE NYLON CASE/CENTER . 48.81
Total : 48.81
8256 12/16/2005 000646 U.S. POSTAL SERVICE, NEO}'OST POST 12/16/05 Postage POSTAGE 3,010.00
. Totai : 3,010.00
8257 12/1612005 000964 VOLT 13658160 7EMPORARY EMPLOYMENT SERVI 495.00
Total : 495.00
8258 1211612005 000038 WASTE MANAGEMEM' OF SPOKANE 0031127-2681-9 WASTE DISPOSAL SERVICE 59.77
Total : 59.77
8259 12/16/2005 040766 YMCA OF 7HE INLAND NORTHWEST October, 2005 YMCA , YMCA MANAGEMENT CONTRACT F 10,482.00
Total : 10,482.00
37 Vouchcrsfor bank code : apbank Bank total : 127,447.44
37 Vouchers in this report Total vouchers : 127,447.44
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vchlis# Vo ci7er List I Page: 5
1219712005 5:31:33PM Spokane llalley
Bank code : aiobank
. Vaucher aate Vendar Envoice p0 # DescriptianfAccaunt Arnount
the undarsigned, tEa certi(y under penaltY of Pe+]wrYr
lhat tfre materlals ha ua been futnFShed. the servir.es
rendered, vr the labor pertarmed as described here li i
and that tho dainr is jusl, dtio a n d an unpaid abligatian
sgainst ihe City af Spa9cane Valfey, and that I em
, aUthorlted lG aukheniicake and r.ertity lo said cfaim.
r-inanoe airectar
. Page= 5
/ - - f
vchlist Voucher List Page: 1
12127/2005 3:05:22PM Spokane Valley
Bank code : apbank .
Voucher Date Vendor • Invofce PO # DescriptionlAccount Amount
8260 12/23l2005 000335 ALTON'S TIRE INC. 6-11596 VEWICLE MAINTENANCE 23.77
6-11608 VEHICLE MAINTENANCE & REPAIR 100.90
Total : 124.67
8261 12123l2005 000037 AMERICAN LINEN WC. 152462 FLOOR MAT SERVICE 45.34
. Tota l : 45.34
8262 12123/2005 000430 AVISTA U"I'ILI7IES 410069444 STREET LIGHTING/SIGNAL POWEF 18,28726
' Tota I : 18,287.26
8263 12123/2005 000796 SUDINGER & ASSOCIATES INC. 40738 40738 APPLEWAY-FiODGES 70 TSWIRLEl 11,480.00
Tota I : 11,480.00
8264 12123J2005 004907 BUILDING MAINTENANCE SUPPLY 22039 40817 CENTERPLACE JANITOf21AL SUPPI 54.77
, 22876 40834 CENTERPLACE JANITORIAL SUPPI 75.65
23152 CENTERPLACE JANITORIAL SUPPI 42.58
Total : 173.01
8265 12/23/2005 000863 CENTURY WESI' ENGINEERING COf2P. 023015 40670 STH AVENUE RECONSTRUCTION 1,551.63
' Total : 1,551.63
8286 12J'23/2005 000379 CITY OF SPOKANE VALLEY 12/20105 Cash 40859 CASH FOR CHANGE FUND 100.00
Total : 100.00
8267 12/23/2005 000957 COBALT TRUCK EQUIPMENT 18159 TRUCK ECIUIPMEM' 2,316J4
40819
- • 40819 .
. Total : 2,316.74
8268 12/2312005 000109 COFFEE SYSTEMS INC 36230 COFFEE & TEA SUI'PLIES 183.99
Total: 183.99 8268 12/23/2005 000683 DAVID EVANS & ASSOCIATES 183431 40562 SPOKANE VALLEY PLAN REVIEW 4,940.30
153433 40823 RIGHT-OF-WAY INSPECTION SER%, 14,422.50
183434 40861 APPLEWAYAVENUE RECONSTRU, 1,556.95
Tota I : 20, 919.75
Page: 1
vchlist Voucher List Page: 2
12/2712005 3:05:22PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
8270 12/23l2005 000060 DENENNY, RICHARD Denenny 4nd quarter CELL PHONE REIMB. DENENNY 105.00
Total : 105.00
8271 12l23l2005 000686 DEPARTMENI' OF LICENSING 602 251 431 001 0001 MASTER LICENSE RENEWAL 9.00
Total : 9.00
8272 12/23/2005 000059 DEVLEMIPIG, MICHAEL 12/14l05 MD Reimb. REIMB. TRAVEL/MILEAGE-OFFICE 118.04
DeVleming 4th qtr CELL PHONE REIMB. - DEVI..EMING 105.00
Tota I : 223.04
8273 12/23I2005 000278 DRISKELL, CARY 12121f05 CD Reimb. REIMB. 7RAVELIMILEAGE-EMPLOY 244.15
' . , Total : 244.15
8274 12/23f2005 000805 FCS GROUP 922-2511068 C0 STALLOCA710N PLAN 1,272.50
• Total: 1,272.50
8275 12/23/2005 000072 FLANIGAN, MIKE Flanigan 4th qtr CELL PHONE REIMB. FLANIGAN 105.00
Total : 105.00
8276 . 12/23/2005 000505 H 8 H FINANCIAL SEF2VICES INC. 440 COPIER LEASE PAYMENT 201.79
441 COPIER LEASE PAYMENT 233.28
442 COPIER LIEASE PAYMEN7 307.06
443 COPIER LEASE PAYMENT 412.30
' Total : 1,154.43
8277 12123/2005 000117 JOURNAL NEWS PUBLISHING INC. 27023 ADVERTISING 25.00
27024 ADVERTISING 40.50
27025 ADVERTISING ' 88.50
Total : 154.00
8278 12l2312005 000928 KLEIN, TIM 12119l05 7K Reimb. REIMB. FOR CAR WASH 8.50
Total : 8.50
8279 12f23/2005 000788 MEDIA JOE, INC. 2376 40810 ADDITIONAL UAN DROPS FOFZ ROC 2,127.41
Total : 2,127.41
8280 12/2312005 000062 MUMSON, RICHARD 12/14/05 RM Reimb. REIMB. TRAVEUMILEAGE 70 NLC 1,591.11
Munson 4th qtr. CELL PHONE REIMB. MUNSON 105.00
. ~ - e: 2
~ ~ •
vchlist Vou er List Page: 3
1212712005 3:05:22PM Spokane Valley
Bank code: apbank
Voucher Date Vendor Invoice PO # DescriptioNAccount - Qmount
8280 12/2312005 000062 000062 MUNSON, RICMARD (Con4inued) Total : 1,696.11
8281 12/23I2005 000239 NORTNWEST BUSINESS STAMP INC. 56$25 40849 NAME 8 POSI'fION PLATES, STAMF 113.82
• " Total : 113.82
8282 12l23/2005 000652 OFFICE DEPOT INC. 315787591-002 40829 OFFICE SUPPLIES 38.06
315549620-003 40830 OFFICE SUPPLIES 10.87
317273855-001 40845 OFFICE SUPPLIES 190.62
317361783-001 40847 CEPITERPLACE OFFICE SUPPLIES 45.37
Total : 284.92
8283 12J2312005 000119 PIP PRINTING INC. 1330032624 40856 PRINT BUDGET COVERS 90.06
Total : 90.06
8284 12/23l2005 000020 PRESTONIGATESI ELLIS, L.L.P. 675564 LEGAL PROFESSIONAL SERVICES 600.00
Total : 600.00
8285 12/2312005 000494 PRO PEOPLE STAFFING SERV INC. 7,956 TEMPORARY EMPLOYEE SERVICE 565.60
Total : 565.60
8286 12/23/2005 000322 QWEST 509-921-6787 511B 7ELEPHONE CHARGES-MIRABEAU 43.01
Total : 43.01
8287 12/23/2005 000256 RAINBOW ELECTRIC INC 119588 40788 WIRING FOR AIR CONDITIONER & 520.80
Total : 520.80
8288 12/23/2005 000064 SCHIMMELS, GARY 12119l05 GS Reimb. REIMB. TRAVEUMILEAGE 82.50
Schimmels 4th qtr. CELL PHONE REIMB. SCHIMMELS 105.00
Total : 187.50
8289 12/23/2005 000324 SCWD #3 • 170-0040-03 WATER CHARGES 25.52
475-1495-00 WATER CHARGES 7.09
Total : 32.61
8290 12/23/2005 000172 SPOKANE COUNTY ENGINEER VLY0510 COUNTY ENGINEEf21NG SERVICEE 266,955.58
VLY0511 COUNTY ENGINEERING SERVICEc, 253,891_17
VLY0511 40720 COUNIY ENGINEERING SERVICES 23,104.86
• 40720
Page: 3
►rchlist Voucher List Page: 4
1212712006 3:05:22PM Spolcane Valley
Bank code ; apbank .
Voucher Date VendoF Involce PO 9 'DescriptianlAccoUnt Amount
8291) 7212312005 000172 000772 SPOKAN E COUNTY EN G INF-ER (Cantinued) Total 543,951.61
8291 1712312005 00Oa90 SPOKANE COUNTY INFORMATION, S1'$ $1870 r-OllNTY IT 8 UPPOR7 13,21 B_04
Total = 73,278.04
8282 12123l2005 OOOflaI S POE{ANE COUNTI'TREAS URER 1W14105 Caun#y COUNTYCONTRACT PAYh+kENTS 1,167,139_12
Total: 1,767,139_12
$2$3 1212312005000323 SPOKANE COUNTYLITILi71E5 1211105Sewercharge SEWERCHARGES 471.15
Total : 471,15
8284 1212312005 000257 STATE AUaETQR'3 OFFICE L56941 STATUTORY A130 17 S ERVICE S 11,453,40
. . . Tatal: 11,453.40
8295 92123f2005 000479 SUMh+VIT LAkW GF20UP 28376 1211$I05 BAFtGA1NING GONTRAkCT . 6,666.67
2$401 12-115105 GENERAt ENIPLOYM ENT 8LABOR 189,00
Total : 6,855,67
8285 1212312005 000063 TAYLOR, STEVE 7aylar 4th qlr_ CELL PHONE REINOS. 7AYLOR 105,00
Total: 105.00
8297 7712312005 000767 VERawATER& PovVFR 0006-033021,00 sTREEruGHTING PowERm+aTEF 19,48
0007-D17753_01 STREET LIfiHTlhlG POV1+ERIWATEF 17,74
0048-010790_-01 STREET LIGHTING P01fUER 57,86
- 001"03488_-01 STREEf LIGHTIhfG POV1+ER 120.57
' 0011m010828.07 STREEf LIfiHTIFlC POWERNUATE F 35_47
. Total: 251.00
8298 12f2312005 000964 VOLT 73695267 7EMPORARY EMPLOYMEfVT SERVI 495.00
Tota I: 495.00
8299 12r2312005 000100 wABp ING, 640506 MEMsERSHiP RENEwAL 165.00
TGtall: 185.00
B300 12123l20O5 D00047 Vti+ASHlh#GTOh! CITYJCOUNTY, hAANAGFh WC MA Nlercier200B P,r1EMBERSMIP'RENEWAL. 145.00
Tatal: 145,00
8301 12123J2005 OD0982 INEST VALLEY HIGH 3CMOOL BAND, 8C 12J271(15 RE FLINI] DUE TO C IRC Uru1STAf+JCE' 590.01)
VCf1lISt ,
Vo c er List Page: 5
12/2712005 3:05:22PM Spokane Valley
Bank code : apbank
Voucher Date Vendor - Invoice PO # Description/Account Amount
8301 12J2312005 000982 000982 WEST VALLEY HIGH SCHOOL BAN[ (Continued) Total : 590.00
8302 12I2312005 000061 WILMITE, DIANA Wilhite 4th qtc CELL PHONE REIMB. WILHITE 105.00
Total : 105.00
8303 12/23f2005 000089 XO COMMUNICATIONS, INC. 8203848252 TELEPHONE SERVICE 1,847.12
Tota I : 1,847.12
8304 12/2312005 000955 YMCA OF THE INLAND PJORTHWEST 12114J05 Refund REFUND CENTERPLACE DEPOSIT 200.00
Total : 200.00
45 Vouchers for bank code : apbank Bank total : 7,811,711.96
45 Vouchers in this report . Total vouchers : 1,811,711.96
• I, the undersigned, do certify under penalty of perjury, . ,
thai the matcrials have been furnished, thQ services rendered, or ihe labor porformecl as described herein
and that the claim is just, due and an unpaid obligation
againsi the City of Spokane Valley, and thai I arn
authorized to authenticate and certify to satd claim. .
Finance Director Date
Page: 5
~ j
. ~
vchlist Voucher List Page: 1
1213012005 10:59:46AM Spokane Valley
Bank code: apbank
~
Voucher Date Vendor Invoice PO Description/Account Amount
8305 1212912005 000424 SPOKANE COUNTY UTILITES, STORMW SWU122805 • COPY OF GLENROSEICENTRAL Pp 67.45
' Tota I : 67.45
8306 12/30/2005 000986 ALLISON'S FABRICATION 754-ex CENTERPLACE GUTTER & DOWN: 455.28
Total: 455.28
8307 12134l2Q05 OOOB41 BCI CREATNE INC. 7130 CENTERPLACE ADVER7ISING 1,991.90
Total : 1,991.90
8308 12/30/2005 000173 BINGAMAN, GREG 12/20105 Bingaman • CELL PHONE REIMB. BINGAMAN 105.00
. Total: 105.00
8309 12l30l2005 000918 BLUk RI660N LIPJEN SUPPLY, INC. 8678074 CEN"fERPLACE LINEN SEFtVICE 146.63
Total : 146.63
8310 12/30/2005 000729 CH2h4HILL INC. 3535476 40691 VALLEY CORRIDOR ANALYSIS STl 11,395.59
. Total : 11,395.59
8311 12l3012005 000108 COFFEE SYSTEMS INC 36229 CENTERPLACE COFFEE SUPPLIE: 21.65
Total : 21.65
8312 12/30l2005 000686 DEPARTMEN7 OF LICENSING 1213Ul05 DOL Cash CASH 7RANSMITTAL TO D0L 41.00
Total : 41.00
8313 12130/2005 000152 D[PARTMENT OF 7RANSPORTATION RE-313-ATB51213067 SIGNAL & ILLUMINA710N MAINT. 5,105.73
RE-313-A7B51213068 STATE ROUTE ROADWAY MAINT. 2,755.74
Total : 7,861.47
8314 12/30l2005 000912 DEX MEDIA WEST 301641368 DEX ADVERTISING-CENTERPLAC( 8115
. Total : 91.25
8315 12/30/2005 000887 ECOLAB 7706397 JANITORIAL SUPPLIES 381.39
Total : 381.39
8316 12/30I2005 000171 GEIGER CORRECTIONS CENTER 11l05 Geiger Correct WORK CREW BILLING FOFt PW 1,317.40
Total : 1,317.40
' Page: 1
vchlist Voucher List Page: 2
1213012005 10:59:46AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8317 12/30/2005 000071 GOLMAN, SUE • 12/28l05 SG Reimb. REIMB. TRAVEUMILEAGE 4.37
, Total : 4.37
8318 1213012005 000410 GRIFFIN PUBLISHING INC. 6560 SENIOR CENTER NEWSLEiTERS 422.34
Total : 422.34
8319 12/30/2005 000002 H& M BUSINESS SYSTEPAS INC. 139199 COST PER COPY CHARGES . 201.79
139237 COST PER COPY CHARGES 641.46
139238 COST PER COPY CHARGES 124.58
139239 COST PER COPY CHARGES 305.64
139240 COST PER COPY CHARGES 67.83
139252 COST PER COf'Y CHARGES 84.99
139253. COST PER COPY CHARGES 40.28
139254 COST PER COPY CHARGES 208.68
139258 COS7 PER COPY CHARGES 123.35
139305 • COST PER COPY CHARGES 27.52
Tota I : 1,826.12
8320 12130/2005 000086 INLAND EMPIRE UTILITY, COORDINATIN 12/05/05 IEUCC MEMBERSHIP 1,000.00
Total : 1,000.00
8321 12/30/2005 000288 INTERNATIONAL CODE COUNCIL 0085859-IN 40850 pUBLICATIONS 120.02
' Total : 120.02
8322 1213012005 000979 IRS ENVIRONMENTAL 7779 40851 SENIOR CENTER BUILDING TESTIP 949.38
Total : 949.38
8323 12/30/2005 000985 JOHNSON, BARBARA 12/19105 ROW PURCHASE CORNER TAKE - BARK 700.00
• Total : 700.00
8324 12/30l2005 000117 JOURNAL NEWS PUI3LISHING IPJG 27048 ADVERTISING , 44.25
27049 ADVERTISING 25.00
27050 ADVERTISING 70.50
Total : 139.75
8325 12/30I2005 000949 MC ROBERTS, CAROLINE 12f28l05 CM Reimb. REIMB. TRAVEU'MILEAGE 10.67
Total : 10.67
° ~ ~ e: 2
vchlist f J 1 Voucner List Page: 3
1213012005 10:59:46AM . . Spokane Valley Bank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8326 12l30/2005 000290 NORTHWEST MAP SERVICE 101005544 40770 2006 SPOKANE CITYlCOUNTY A'Tlr 430.91
Total : 430.91
8327 12/30/2005 000652 OFFICE DEP07 INC. 3183666331-001 40854 OFFICE SUPPLIES 186.64
. Total : 186.64
832$ 12/3012005 000494 PRO I'EOPLE 57A1=FING SERV INC. 8,176 TEMPORARY EMPLOYMEN7 SERVI 638.98
8,177 TEMPORARY EMPLOYMENT SERVI 565.60
8,392 TEMPORARY EMPLOYMEN7 SERVI 928.60
8,393 7EMPORARY EMPLOYMENT SERVI 565.60
Total : 2,598.78
8329 12130/2005 000019 PURRFECT LOGOS, INC. 15737 40858 PARK SIGNS 227.85
Total : 227.85
8330 12/30/2005 000256 RAINBOW ELECTRIC INC 119627 40842 ADDTL. POWER TO SERVER ROOA 1,343.23
Total : 1,343.23
8331 12134/2005 000001 SPOKANE COUNTY TREASURER ELE-S-00078 SP010775 ELECTIONS COS7S 107,906.32
Total : 107,906.32
$332 12130/2005 000617 SPOKANE COUNTY TREASURER, C!0 C 12/27105 Liquor LIQUOR TAXES & PROFITS 3RD Ql 4,442.12
Total : 4,442.12
8333 1213412005 000311 SPRINT PCS 0141276664-3 CELL PHONE CHARGES 828.19
Total : 828.19
8334 12130l2005 000516 TETRA TECHIKCM 145682 40617 TETRA TECH TOP SOIL MIX DESIGI 5,215.00
145800 40350 S70RMWA7ER UTILITY PROGRAM 5,888.30
Total : 11,103.30
8335 12/3012005 000167 VERA WATER & POWEFt 00 1 2-0041 37.02 STREET LIGHTItJG POW[R/WATEr 35.56
. 0013-432559.01 STREEf LIGH7ING POWERMlATEF 64.57
0014-004275.01 STREET LIGHTING POWERJWATEF 24.09
0014032971.00 STREET LIC7HTING POWER 47.27
0030-031942.01 STF2ECT LIGHTIPIG POWER 45.16
Total : 216.65
Page: 3
vchlist Voucher List Page: 4
1213012005 10:59:46AM Spokane Valley
Bank code : apbank '
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
8336 12f3012005' OOOJ64 VOLT 13732544 TEMPORARY EMPLOYMENT 5ERVI 495.00
Total : 495.00
8337 12l30/2005 000047 WASHING70N CITYlCOUNTY, PAAPIAGEP WCMA Regor 2006 - MEMBERSHIP RENEWAL 129.00
Total : 129.00
8338 12130/2005 000061 WILHITE, DIANA 12130105 DW Reimb. REIMB. MILEAGE - NOV. 82.45
_ Total : 82.45
34 Vouchcrs for bank code : apbank Bank total : 159,039.10
34 Vouchers in this report Total vouchers : 159,039.10
I, tho undersigned, do certity under penal9y of pErjury,
that the materials have been furnished, the serv6ces
rendered, or the labor pErformed as described herein
and that tho claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that I am
authorizetl to authenticate and certify to said claim.
Finanoe Director Date
e: 4
,
- - ~ ~
, - CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 01-10-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ nevr business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : -
Payroll for Period Ending December 15, 2005
GOVERNING LEGISLAT'ION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
, , .
~ OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
Gross: $130,922.35 Benefits: t 12,265.39 TOTAL PAYROLL: $143,187.74
STAFF CONTACT: Jason Faulkner ATTACHMENTS
CITY OF SPOKANE VALLEY
- - Request for Council Action
Meeting Date: 01-10-06 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin, report ❑ pending legislation _
AGENDA ITEM TITLE : Payroll for Period Ending December 31, 2005
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGETlFINANCIAL IMPACTS:
Gross: $131,048.18 . Benefits: 3 71.737.60
TOTAL PAYROI_L: $202,785.78
STAFF CONTACT: Jason Faulkner
ATTACHMENTS. •
nUvuTEs
City of Spolcane Valley
. City Council Special A'Iceting
' Centerl'lac:e Auditorium - 2426N Discovery Place
Monday, Deccmbcr 12,2005
Vtayor Wilhite called the meeting to order at 6:06 p.m.
Attetrdrntce: City, Stnff.
Diana Wil}iite, Mayor Taave Mercier, City Manager
Rich Munson, TaePuty Mayor Nina Regor, l7eputy City Manager
Dick Denenny; Councilmember Marina Sulcup, Commimity Development Dir. Mike DeVleming, Councilmember (arrived 6:13 p.m.) Greg McGormick, Planninb Manaber.
Sleve Taylor, Councilmember Scott Kuhta, Senior Planner
Ken Thompson, Finance iairector
- Carolbelle ]3ranch, Public Informatian OfFicer
"F3ing" Ringaman, IT Specialist .
Absetrl: Chris Bainbridge, City Clerk
Gary Schimrnels, Cvuncilmember Vlike Flanigan, Councilmember Others in Attendance:
Bob Blum, Flanning Commissioner
lan Robertson, I'lanning Commissioner
Rill Gothmann, Planni.ng Com.missianer,
, Approxirnately 15 cifizetis . ROI.,T.. CALT.,: City Clcrk Bainbriclge eaLled roll; all Councilmembers were present except
Councilmembea•s Schimmels and Flanigan.. It was inovetl, secorrded, ajrd unurtinrously crgreecl to excuse
Cvanzcibrienibers Schimmels atzd Flanignj: frani toniglit's meetittg.
PUBLIC iMiAlYliYG: Mayar Wilhite opened the public hearing at 6:07 n.m, for comments on the Dralj:
Comprehensive I'lan, she welcomed everyone to the meeting, and invited public comrlient.
John ivriller,l'inecroft l3usiness Psrk Manncr: cc>nimented about proposccl land uses in 1hac business
park and poten[ial contliets lhey anCicipate; he provided a«ritten letter to councilmembers explaining his
position; and displayed a map o'f the area. We explai.ncd that i.n thc land use categories, the area on the -
souCh side of Mirabeau Parkway is proposed as office use, which he said is admirable except in a building
where a aertain corporation is housetl which conuiins warehouses and that they also distribute pmducts
world-wide; that another company does research and clcvelopment and some 'product inanufachiring;
another building is a medical use with a dialysis center; and he is uneertain of what cafegory each iise
may be; another office in the park is nearing c.ampletion for Ih-onics Corporation, which will eonclucl bot.h
research zuid developnient, along with manufacturing and distribution; and he dnesn't l:no«< <vhat "more uses" is under the definition and anticipatcs fuhire problems; he alsn mentioned they have prop4sed a
re.,staurant in one area which would be eommercial use allowed in «iixed use area; ancl overall he has
concems that land use classifications or categories sound good but he wants to make sure everything will
be approved if companies later neecl to add on; and that fiittire uses and classifications nced to be more
clearly defined; adding that ultiniately therc will,be 900,000 square feet of buildings Nvith about 3,000
people employed. He added that he has discussed this issue wi[h staff but feels he is in unchartered
waters; he hears horror stories of down zoning and wonders if ihat could happen; he is uncertain if biological materials are allowed; and would like some mechanism for future continuity and clearer
clefinirian to specifically what will and will not be allowed.
Sean Lumsden, for Auto Row 1)istrict: sLitecf he suppnrts the creation of the auto district; mentioned
that auto row is uniyue as it brings money ta Spokane Valley; that they are rnoving to televisioa to bring
their message to rnore cifi.zens; and stated that 82.6 % of cars purehased in Spokane can be fouud at autn
row; imd he thanked Council for the support of auto rativ district.
Meeting: 12-12-05 Page 1 of2
Council Approved: '
Mayor Wilhite invited further public comment; no fiirther comments were ofT'ered and Mayor Wilhitc
closed t11e public hearing at 6:21 p.m.
DEL[:BI'sRATION: Council began deliberation on page 36 with Goal LUG-5. Council discussed some goals and polieies and did not discuss others where dley had no comments or suggested changes. Even
after lengthy discussion, Council chose not to make any changes to several goals and policies, and
therefore, only those goals and policies with recommended chatiges are notecl below. Council onlv
briefly discussed some of the maps, and deterniined that discussion woulcl be continued later. There was
eouncil consensus for the following changes:
LUG-5: change "Auto Mall" to "Auto Row" and in LUT' -5.1 and elsewhere.
CITY CCNT.F_.:R: '
LiJP 6.9: add to the end of the first sentence, "in close proximity to high capacity transit."
LUP 7.5: change thc word "grid" to the wrord "nerivork"
LUP 7.2: Re-word the sentencc to read: "'Eneourage pedcstriiui and bicycle circulation by providing
public sidewalks, strcct trees, street fiirniture, and other amenities."
Office Goals & Policies:
LUP 8.1: Council consensus to have staff work on the re-wording of that policy.
LUP 8.2: Add "area lighting" to }iave the Nolicy read: "Inteorate side«<a]ks, bike lanes aW landscaping
"and area lighting" in of~iee itreas to provide a safe and altractive wrorking environment.
Mixed-Use Goals & Policics . LUP 9.1: Add the wnrd "should" to top sentence: The characteristics of a Mixed-use area "shoulcl" include:
LUP 9.2: bullet #1: change "row houses" to townhouses
LUP 9.2: last bullet: remove "etc"
Iviayor Williite called Por a recess at 7:54 p.m., and reeonvened the meeting at 4:11 p.m.
Industrial Gosls & Policies
LTTI' 1f.1.2: Change to read as follows: Eilcaurage "a diverse array oP' 4ew-po-llttino inclustries to locaie in
Spokane Valley. ,
LUP 10.1: ChFtrnge to read as follows: "Plan" pr-OgFilffi ezjpital facility eYpenditures to "assist" ftwilie
the development af lancls designated for industrial uses.
After brief discussion, Council deterrnined to enci the meeting's deliUeration with I.:UP 10.3 '
There being no further business, rt wus moved by Cauncilrneniber I'crylor, seconded utrd unarrinrously
agreed to adjourn. The mecting adjournecl at 832 p.m.
aTTEST: Diana Wilhite, Mayor ,
Christine Bainbridge, City Clerk
Meeting: 12-12-05 Page 2 of 2
GUuncil rlpproved:
Taraft
iNi'UTFS
City of Spokane Valley
- City Council Special Meetinh
. Tuesday, Decembcr 13, 2005
vlayor Wilhite called the meeli.ng to order at 6:00 p.m., and welcomed everyone to the 82"dmeeting
Altendance: City S1nJf.
17iana Wi.lhite, Mayor Dave Mercier, City Manager
Rich tiiunson, laeputy Ivlayor 'Nina Regor, Lleputy City Manager
Dick nenenny, Councilrnember Cary Drislcell, Deputy City Attorney
Mike I7eVleming, CouncilmembEr Ken Thampson, I-inance Direetor
Mike. Flmugan, Councilmember Vlike Jacksori, Parl:s & Rec Di.rector
Gary Schimmels, Councilmember Tom Scholtens, $uilding Official
Stevc Taylor; Councilmember Ncii Kersten; Public Works lairector $cott Kuhta, Senior Planner ,
Steve «Torley, Senior Engineer
"Bing" Greg Bingaman, IT Specialist
Chris Bainbridbe, City Clerk
TNV~)CATIUi\': Pa.stor Ben prchards of the Spokane Valley Bible Church gave the invocacion.
PLFnGE Or+ ALLEGIAaNCF: Mayor Wilhite led the Pledgc of Allegiance.
' ROLlf CALL: City Clerk BAinbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: If was nroved by Co:nrcilrireiriber `l'aylor, sECOnded by Cozorcilnien:ber
Detretiny, crnd urrarrintotisly a&-reEd tu crpprove the urneyided agerrclu.
TiN'TRODUCTIUN Ol+~' SPF,CiAL GiJESTS ANll YRESENTATIONS:
COiN`IM[TTET, QOr11tll. LIAISn1V Si,TNi1'L1RY 12EPOltTS:
Councilmembcr Schimmels: mentionecl he attcnded dhe National Lea-ue of Cities (NL-C) conference in
Nlorth Carolina last week and attended several workshops focusing on land issues.
' Couiicilmember Tavlor: stated that he attended the Spnkane Hotcl/Motel Associatinn anr►ual clinner last
week.
DeouCv Mavor Munsan: reported that he als4 atfended the NLC convention; and attended the Spekcine
TranSit nuthority (STA) rneetir►g where they chose sn S`I'A labbyist candidate for the $TA Baa-d to
approve or disapprove t:his cpming Thursday.
Councilmember Flaniean: saici that he attcnded the 1=1e1hh District Board rmecting; and also attended
severa) smaller cornmittcc meetings.
Councilmember Denennv: explaineti that he artendecl t:he Reoional Wealth I7istrict Meetincy; mcntioned
the upcoming STA board meeCing; ar►d statcd that the dischargers met with thc T)epartment of F.cology
and they all feel an agrccment will be farthcoming; anci that the full group will be meeting on the 16"'.
Councilmember DeVlemina: reported that he attended this moming's 91, I Board ineeting where staff-ing
budgetino issues were discussecl, ancl that the group received a notice from Motorola that they woulcl no
longer support the 911 phone system after the end of 2006, and that he will keep eveiyone updated on that ,
situatioct as more information becames available.
`IAXOR'S REPC)R1: Ivfayor Wilhitc rcported that she attended the Hotel/vlotel Dinner and the
Chamber's I egislative IunchEOn; ancl ehat shc participated in an Eagle Scout awarcl ceremony for Troop
, 427.
Counci) Meeting: 12-13-05 Page 1 of 7
Approved by Council:
Draft
FUBi..TC COvIME~~f7'S: Mayor Wilhile invited public eomment.
Bill Gothmann, 10010 E 48'h Avenue: reported that he recerttly attended a Spokane Valley Edgecliit
Wced and Seed meeting llecembcr 6, tind that there were a number of interesting speakers, including
Terrance .Donahue, the Associate 17irector of the U.S. [aEpartment of Justice Initiatives, and that he _
icientifed several upeoming chan~cs to the 1'eecl anc~ Seed, some of which inclutle mitking it hi~hly
competitive, and that thcy will ask that communities get oroanized and spend one year in cleaning up their
area before they will be considered as a candidate for «<eed and scecj funds.
1. CO\TSENT AGEiNDA Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Following claim vouchers:
~ VOUCHER LIS"I' DATT: ~ VOl1CWER gs I 1'QTA.T. VOUCHEf't A.►VI.OUNT
~ 11-18-2005 ~ 3059-8089 ~ 536,319.29
~ 11-23-2005 I 8090-8123 1,468,040.95
12-05-2005 8133-8167 59,873.07
GRANll T'QT.AC, ~ $2,064,233.31
b. Fayroll for Pay Period F.nding \iovember 30, 2005, in the amount of $194,979.74
c. Planninc, Comtnission }teappointments of Gail Koble and Fred Be.aulac
J-A .
c. Resolution05-027 Approving Issuance of Non-R.esource Revenue k3oncls
f. Approval of Request tp Use Spokane Valley City Logo for Smoke Alarm Documcnt
g. Approva) of Findings of Fact on Appeal AI'P 04-05 (Hilleri Viljancn)
h. Approval of Vlontgomery Avenue Overlay Project F inal Costs
i. ncceptance of Cast Allocation Plttn
.J.~r s_^_gr--°~.,------..~
k. Approval of Minutes of Special Council Mceti.ng ofNovember 14, 2005 ,
l. Approval of Minutcs of Special Couneil Meeting of November 15, 2005
m. Approval of Minutcs of Special Council Vieeting ofNovember 28, 2005
n. Approval of tilinutes of Regular Council tileeting of November 29, 2005
o. Approval oPMinutes of Council Study Session Meeting ofDec:ember 6, 2005
Mayor `Vilhite requesCed removal of Consent agcnda items "d" and ` j" and stated that lhose items will be
discussexl separately later under tvnighYs new business. It was theit movecl hy J)epury Mcryor Nfcroson,
secorrded, mrd :uTairin:octisly ngreed 1o approve the Cvnsent Agerada nriraus itenrs "d " cuid
\TE+aW BUSLNE, Ss
2. Second Readina Pronosed Ordinance 05-033 StrecC Riaht-of-wav Orclinance - Neil Kersten
After City Clerk Bainbricibe read the ordinance title, it was rnoved by Couricib~rrenrber Flanigarr uncl
seconded by Councilmember Tuylor, to approve Ordinrnice 05-033. Fublic Works 17irector Kersten
explained that no chatiges have been macte since the ftrst reading, except to incorporate the desired option
in Section 2 wherein each such dedicaiion must cottie to Cnuncil for approval; adding that mQSt of those
could I.ikely be done by resolution on the consent agenda. ylayor Wilhite invited public ccamment; no
cqmmenrs were offerccl. Vote by Acclantation: In Fuvar: Unaniinous. Opposed: R'one. Abstenliutzs:
1Vone. Motion carried.
3. Aooroval of Mavor Annointment: Marcia Sands te 1'lanniae Commission - Mtivor Williitc
It was moved Gy 1tfayor Wilhite to canfrnr the uppvirthnent ojjVfurcia Sands to the Planning Cvrr:mission,
tivitit u[erni co»imencing Jrnruary 1, 2006, rntd e►iding December 31, 2006. IVLtyor 1Wiltute mentioned
that Ms. Sands' term would expire Deeember 31, 2006 to correspond with the to-be-vaaated tcrm of now
Councilmember-elect Bill Gotltmann. Vote by Acclanration: In Ftrvor: 1Vcryor Wilhite, and
Courrcilmembers Schimmels, Caylor, Denenny, and Flanigan. Oppo.red.• Deputy Al~cryor iVfu►zsan cmd
Coimcilmember DeYlemirig. Abstenlivns: None. Maliorr carried .
Council Meeting: 12-13-05 Page 2 of 7
Approved by Council:
T)T3ft
4. Annroval of Lodeinz TaC Advisorv Committee Graiit Reconunendzitions - Councilmember Flanioan
Councilmember Flanigan briefly explained the recommended allocations as shown on the Request for
_ Couneil Aetion form, and statecl tha[ hecause of some confusion concerning nifti.ng of public fimds, the
committee felt it would be prudent to allocate $15,000 to Centerl'lace antl ►nove the $5,000 dif~'erence to ,
the Regional Conventinn so that they could use those Cunds for marketing materials for CenterPlace.
Nirst Motion: Af'ter brief discussion, it was moved by Councilmenrher Flanigurr und seconded by
Aluyor Wilhite, to cliangE the comntittee allocativtt 1o Cerrterf'lace from $20,000 to SI5,000, uncl
rrtcrease the kegionul Cotavention allocation fi•om ,S160, 000 ta $1GS, 000; with the rioie thut tire
additional ,S5,000 ivocrld be usetl for ntarketinp, muleriuls fnr CenterPlace. Taiscussion ensued
regarding the addicional $5,000 to the Convention and Visitor's Bureau and that the fimds could be
used for purchase of pens, coffee cups, and other promotional iCems for ti•ade shows. Mayor Wilhite
- invited public comment.
Harrv Sladich. PresidenC ot Snokane Reaional Canvention and Visitor's Bureau. 801 W. Itiverside.
Snokane: said that said they have funds allocated in thcir budget for CenterPlace; and if this were to
occur, they would use tMose funds and add to that effort; that there are some trade journals and
magazines specif cally fpr non-hotel relitted Pacilities in which they eould advertise.
Vote hy Acclamntiof:: hr Fuvor: Unuriirno:cs. Opposecl; 1N'one. Abstentions: Arone. 1lloiion carried.
Councilmember Flanigan then stated the ot;her allocated amounes:
CenterPlace $15,000
Spokane Valley Junior Soccer Association $4,000 - f.'or Plantes I=erry Soccer ficlds
Valley Chamber of Commerce $5,000 - matching funds for community float
Valleyfest . S 15,000 - not jus[ for TV advertising
~Spokane Valley I-[eritage Museum $5,000 - to markct an upcoming Smithsonian exhibit
YMCA $7,000 - for a skate-a-thon
Convention Visitor's Liureau $165,000
Regional Sports Commission $$4,000
TOTAI:, AI~LOCA 1"IOIV $300,000
Council discussed the funds allocated to the Chaniber of Commerce and how 1 float would proinote touris►n or generate ample salcs tax; snd it was mentioned that our Chamber takes the ilqat to other
communities, anci other communities bring their floats and visitors to our cornmunity which helps raise
awflretiess of'our community idencity; that this would be seed money to see if the Chamber coutd rflise the
additional funds; and thiit the committee members favorecl the recommended amount as a mcans to
promote the community and Valleyfest. it was also mentinned that Peg;y Doering nf Valleyfest
recomme.nded the funds be givcn to the Chamber to promote the float as a benefit to the Valleyfest
parade.
Second Mokion: IC was nroved by Couricilmember• DeVleming and secoridetl by Coirncihriennber
Tcrylor to ►vtthdrmv tlral S5,000 ta tlre ,Spokune Valley Chanzber of Conrmerce. Mayar Wilhite invitecl
public commcnt. Tonv Lazanis: quesfioned tvhy tttere was less mnney coming in ttten expected; as he
thought there would be $400,000; aiul tliat Council should use the rnoney for the Valley's benefit anci
keep it in vlirabeau; and he wants tnore money given to the V311ey Chatnber so they can promote the
Valley business. 17ick Behm. 3626 S Ridaevietv 17rive: wantecl to remind Council that he was on ttte
Hcarts of Gold C'estival in Spokane Valle}', and that the Valley float wa..s taken all over the cOun[ry;
and thcrc «rere 150 units in our paradc tiere including 37 floats from other conimunities who broughl
. in hundreds of people, and he would love to see the Hearts of Gold festival rehirn as Valleyfest. Vote
IJy l1GCIU/72C1IlOl7: In Favor" Courzcibnember DeYlemrng; UJlposed.• Mcryor Wilhite, Deputy Mayor
Agiaison, cuul Courrcilrnembers Scltiirttrtels, Tcrylor, Flanigan, and DenerTny. Abstenlrats: A'one.
Alatian juiled. Council Meeting: 12-13-05 F'age 3 of 7
Approved by Council:
Taraft
In response to Couneil yuestaons conceniiiig last year's reserves and next year's allocatibns, Finance
Director Thompson said there is approximately $30,000 to $40,000 in reserves for the current year; and it
appears that of the $300,000 budgeted, it will be closer to $360,000, which agrees with the information ,
reccived from hotels regarding an increase in their clientele; and suggests not allocating anything ovcr the
$300,000 yet. Councilmember Flanigan rrienlioned that the reserve from 2005 is a cnntingency to be used as doiie in the past; ancl that the committee recommended that CenterPlace could later request additional
funds up to $20,000 from any reserves that might be available at the end of the year; and that the reserves
are carried over from year to year.
Thircl Motion: lt was nioved by Coin:cilmember DeVleinmg untl sECanded by Cocorcilnrember
Denenny to crpprove tlre amended Gudget ilems for this fcaid. [It was afterwards clarifed t'hat the
motion is to approve all the items in tfieir amended form as shown on the list above.] Mayor Wilhite
invited public comment. Harrv Sladich. 801 W. Riverside, speaking on behalf of the Sports
Commission ancl the CVB, eapressed thanks to the Council for the trust and the allocation of fimds. Fhilio Ftudv. ] Q72p E. Fniithill: said that he is a member of the EYecutive Committee of the Spokane
Valley Chamber of Commerce, that they are laoking forNvard lo the funds if they beconie available;
and thcy are working on some innovative ideas for a flaat. vote by Acclamation: Cn Favor.•
Unaitimous. Opposed: None. Absteritiorts: None. Motion curried.
5. Presentation: Vallev Corridnr lSoraeueJAqnlcwavl Proiect Uodate - Neil Kcrst:cnJSCeve Worlev SeniUr Engineer Warley saicl thaC this agenda item was to have been an update an the Valley Corridor
Environmental Study, and as a segue to the next agenda item; that a contract was approved last June with CH2M Hill to assist in the environmenta) process in putting together a nurpose and needs statement for
the extension of the couplet, for whatever was the prePened alternative; that hc had anticipated haviug
informaCinn related to soine of those alternatives that woulcl be presented to the stakeholder gcnups, with
the idea of holding a staheholder meeting prior to tonight; but due to delays in gettina the regional traffic
model issues reclified, such ITD (interdisciplinEiry team) meeting was nol held and is now scheduled for '
this Friday. Mr. Worlcy said that CM2M Hill and staff have been working together to get the regional
traffic model to an agreecl point; buC our traffic engineer founci fhere srill exists an crror in the number of
trips crossing state line on I-90, which sia if cantly impacts the valumes of tra.ffic on our streets nwenty
years Erom nnw; tliat further changes were madc, and Friday's I`I`D meetina will discuss alternativcs to come up with a short list to proceed tvith further analysis, with the ultimate goal of being able to present
to Coimcil a list of altcrnaCives, along with all pros and cons; and a narrowed dowm process to select a
' prcfcrred alternative. After a brief discussiott concerrting the model's traffic numbers, M.r. Worley staced
that staff hopes to be able to come up with a preferred alteniative early next year; and sueh preferred
atternative.s needs to be on the Spokane MetropoliGan 1'ransportation Plan prior to July of this year in
order to save the $4.2 million allocated f.rom the TIB for the projecC that comes firom this process; wit}i
.construction possibly starting late 2007 or early 2008.
6. n9otion Cqnsicleratinn: Sorap-ue Aimlewav Traffic Pl4w Corriclnr Confiauration from Universitv R.oad
to T90 - \'eil Kersten/Steve Wnrlev
rngineer Worley stated that Council previously asked that this item be brought fonvard in anticipation of
the previous agenda pre,sentation, zind that staff is available to help with Council's deliberation on the
issue. CounciUstaff discussion included traffic counts undenvay, changing direction on Sprague between -
University and Dishman and any resulting impact on the corridor project; ttiat staff has heard comments &om the communiCy suggesting staff' evaluate alternativcs in terms of Sprague Avenue, but that staff has
nat received any clirection to do au}thing different from what is currently in place on Sprabue; and
projected pGak-hour traffic nurnbers on various part.s of the couplet. _
It was maved hy Iaeputy Mayor 1Yfurtson und seconded by Councilmenrber Denennry, to ciiungE the direction of Sprague betwee~i the »orth uncl south .streets of University and Dishnra~i ?l~Iica, to u twa-ivay
street. That motion generated much discussion including the fechnical information concerning traffic
paecerns; auto row ancl the need for t'urther information frorn them; the desire to have the study results
Council Meeting: 12-13-05 Page 4 01'7
Approved by Council:
Draft
before making any recommendations; fiinding needcd if the direction were ehanged back to two-way; and
ifthere is a need or community desire to address this issue now. Niayor Wilhite invited public conunent.
Philip 17udv. 5647 N Fruithill: said he represents Spokane Valley l3usiness Associalion, that t}iey have
trouble with tlie traffic modeling and feels that information is necessary before any decision ean be made;
that he recornmends having the Comprehensive Plan finalized prior tA making such decisinn; and he
recommends the motion be withd.rawm and Council talce no action now.
Howard.T-(erma.n, 117 N IVfeDonald: said that there is a public safety issue regarding N'ire Station #t and if
the Fire Station receives a ca11 to go north, east or south they must first oo west L-tkitig away precious
re.sponse time.
Tonv Lazanis. E Emnire: sitid it was a mistake to begin wilh makioe Sprague a two-way; and that
Council needs to make a decision of what is best for the people who use it and for Uusinesses who usc it;
ancl suggests having t:he road two ways from tlrgonne to Universitv.
Dick BehiTi. h405 E Snrai~ue: said he owns a business in that area; and is a Roard member of ehe Spokane
Vallcy Rusiness Association; that not everyone is in agreement, but suggests waitino another six months
as it won'C rna.ke any clifferencE as t11ey have waited fnr three years; dhst he wants to see what the sCudy
suggests; and recommends killing the mot.ion and f nishing the Comprehensive Plan.
Rav Yercv. 2020 NEli: stated hc is not re<tlly affected by the road except wtien he wants to shnp; and
sugoests Council throw out the motian and wait until the study is completed; and not to waste money but
to leave the road as it is at least for now.
Bill Gothmann. 100 10 E 48'h: recommends voting aoainst the motion; said during his campaigning most
cornments he received were concerning finishing the couplet, and that hc perhaps only received one
J comment to reverse the road.
Denuty Mayor Munson stated his prefErence to withdraw the motion, but the seconder denied the
withdraw request. Vote : by tlcclumation: In .Favor: Ueputy Alayor iWiirrsot:. Opposed: A1uyor Wilhite,
and Cnuricilmeinbers Schimmel.s, Tuylor, Denenrty, Flanigan «itd DeVleminp. Abstentions: Nvne.
Alotiorr jarlecl.
vlayor Wilhite ca11ed for a recess at 7:49 p.m. and reconveried dhe meetincr at 7:55 p.rn.
6a. Consent Aeenda Item Id: Annrpval of Council AonointmenCS to Listed Committees/13oards/
Commissions - Mavor Wilhite .
H irsl Motion: Groiti,th Management Steering Committee.
Mayor Wilhite explaincd diat Councilmember Taylpr indieated he would tender his resignatian frorn
Che Growth Management Steering Committee in order to acconunodate an appointment of
Counc:ilrnember lleVlerning to that position. .Tt was movecl by 17eputy iVayor 11~fun.cn►r rnzd secorrded,
to approve the appointment of Councilrrteuiber.DeVleming= to take lhe pdace of Councilmember-:lirJ%lor
or1 the Groivth .Mrniagernent Steering Connnitlee. Vote by Acclamatian: Lr Favor: Unrnrinious.
OppUSed.• tVane. Abstentions: tllnire. Mu1ion curried. -
Second A7otion: T'insnce Committce.
Councilmember DeVleming voicetl his request to be placed on the F inance Committee, noting that the
mernbership on tliat committee has not ehanged since inceptinn. ~!iayor Wil.hite indicatecl she would
tal:c that under consideration; that she reviewed which cotmcilmembers were utvolved with which
com.tnittee to try to keep committee representation equally spread out among councihnembers. .It was
moved by Courrcilnzeniber DeVZemittg rnrd secvnded by Caauicihneniber Taenennry lo pvll tlte
appoinlnients of tlae finance cumrriittee until council has Fiad ari appvrtunity for furtlrer review.
Deputy Mayor Munson, as a point of order, stated that it is his understanding the Council's posilion is
Council Ivieeting: 12-13-05 Page 5 of 7
Approved by Council:
T)raft
to approve or disapprove the appointTnents, rAther than namc people to be appointed; and thereforc
suggested that the motion is out of order. City vlanaoer Mercier stated he feels the motion is not out
of order as the essence of the motion is not to deny the Mayor the opportunity to make an
appointment, but was requesting a reservation of the timing of that appointment for a later period. ~
Councilmember Taylor stated that there is nn set tenn for the finance committec, that perhans there
should bc; and that the entire cocnmietee list was not in the past, brought beforE council as awhole
document; aiid suggested each Councilmember review each committee to try to cieterniine any
potential changes. Counc:ilmember Deneiiny asketl if it would be amenable to defer the appointments
until 2006, and to then ask input frorn Councilmembers for their appointment preference. vote by
acclunuilion: In I%irvar: Councilmembers.DeVlemirr$ Denenriy, hlanigun, Taylor. Oppvsed.• lYlcryor
Wilhite, Deputy Alfayor Minisorr, uncl Coimcilmeniber Sc/iimntels. A~fntion carried and filumce
commzttee uppointnzents deferred. City Maatjger Mercicr reminded Council that there are a number nf councilmember committee tenns
which expire the end of this month; and that Council should entertain a motion to deaI with those, or
presenC an overall motion to continue in office, all councilrnember representations until c.hanged at a later
date, so that behveen the end of Deccmber 31, 2005 and the first meeting in .ianuary, there will not be
commitcees with no council representation. Councilmembcr Denenny said that by inaking appointmcnls
at the end of the year, the current Council would bc making appointments which would affect another
sitting council; and he stated his feelings that the appoinlments should be made by the new council. Mr.
vicrcier said that for tonight, he seeks an action by cowicil which will continue the current appointment;5
until replaced by future council action. ,
T'hird Motion: Commitiee List.
It was moved by Mayor Wilhite rnrd seconded by Councilmember Denenny, lo approve the
appointnrenls as lrsted wilh the exceplian of the Finur7ce Cornmittee, ivlaich will be a conlinuutian.
Mayor Wilhite called for the question. Yote ori callirrg the question: In Favor.• Muyvr Willrite, Deputy .
jVlayor Murzson, unc1 Coiaicilmember Schimmels Opposecl.• C'auncilnrember Taylor, UeVlerning,
Flanigan, ancl Deneriny. Thc motion f'ailec3 and discussion continued concerning when best tp consider "
the list of appointments. Mayor Wilhite theri withdrew her motion, with concurrence from the
seconder.
Fourth Modon: Continued Committcc List Considcration.
It was moved hy Mayor Wilhite atid seconded to contrnue all appoinlntents untillhe first meeting in
Jarr:ruty. Vote by Acclamcrtion: In Favar: Unariimozr.s. Opposed- Norre. Absrenrians: None. M. otion
carried
6b. Consent A^enefa ltent 1 i: Aoaroval of STA Bus Sheleer 12eauest and Aereemenl
Deputy Mayor Ivlunson slated his opposition to the bus stop on the north sicie of Indiana, and of his
overall opposition to the request as he feels it is not safe lo approve the bus shop as explained under
option # 1. It was moved by Caznicilmenrber Flcrrtigun arid seconded, to approve S"lA 's reqztesl crnd
authorize the City i1lunager to execule the agreeme►z1 under optipn #1. Af'ter discussion on the proposal,
including the placement of the shelter and all safety aspects, Councilmember "['aylnr called for the
yuestion. Yote orT the call fnr the question.• -1n Favor.• lVcryar Ff'ilhite, and Cnuncilnien:beis Tuylor,
Derierzny, .Flanigan arrd DeVleming. Opposed: Caanicilmernber S'chimmels. Motion canied and the
quescion was talcen. Vote oi: the niotion to aPprove lFte STA Ijus Shelter Reqarest arrd Agreenreirt: In
Fmor: Muyor Wilhite, und Councilmember,s Taylor, Flanigan, Denenny, und 1)eVleming. Opposed:
Deputy iVfayor Manison cuztl Cointcilmember Schintntels. Ab.rtentioyrs: None. Motion carriecl.
PiJRTalC COMIVENTS: Mayor Wilhite invited public comment; no comments were offercci.
. - .
Council Meeting: 12-13-45 Pagc b of 7.
Approvcd by Council:
Draft
AlliMhN15`l'17ATIVF RFFQRTS:
6e. Pendine Countv'I ax Ineremcnt T'inancinE Prooosal - Davc NtercierlCarv Driskell
City h4anager Mereier erplained that on Nlovember 15, bond council gave a briefing to the I3oard of
~ County Commissioners on a perspective taY increment financing (TIF) proposa) in the UGA (LJrbari
Growth Area) beriveen our boundarie,s and L.iberty 1.t1}ce; that at that time there were numerous questions
concerning how that economic developmenC tool would be applied, whether it would be according to the scatute's intent, and that there was a need for additional informalion, wIIIClI w3S LIIOll ghl l'0 bG f01't}1COtillil$
in the form of an ordinance specifying terms i►nd eonclitions for the proposal. Mr. Mercier said that
nothing since has been lieard nf thal proposal until this morning when there was a notice of a public
hearing filed by the CounCy Commissioners last 1'riday. Nfr. Mcrcier explained that the ctocument alerts
the cnmmu.nity that a public hearing will be helcl at 5 p.rn. next "1"uesday, snd in cliscussions with at least
one County Cornmissioner this morning, t:here was an indicalion they might vote on that proposal
Tuesday. M.r. Mercier further explai.ned that the TlF legislation is a uscful tool; but when the legislaturc
adopte.d it for Washingtnn SCate, it was not totally embraced; leading to trepidation voieed by at lcast one
County Commissioner last November about making cert.aira they are meeting the letter of the law. vlr.
Mercier said there are few economic tools availahle for municipal and county jurisdictions in the state, so
diis is one which we would like to see well applied when the oppor[unity arises; and as [his Council Iias
prcviously stated, they have a belief that significant happenings in the UGA between Liberty Lake and
Spokane Valley evould bc a rnatter of great communieation occurring with all involved, anc1 to date, he is
unaware of any communication occurring wilh representatives of this City regarcling that pmposal; and it
therefore appetirs we are opcrating from an informatinn deficit. vir. Mercier said he wnuld like to have
ttivo City staff inetnbers attend the hearing and ask qucstioiis which we thoubht a prepareul ordinance
might have answered, thereby mitking the Count}r Commissioners awtu-e ttiat we recognize dhere is
potential for many triuisportation i.mpacts, and right now, there is insuCficicnt datA available to make a
judgment of what those affects might be.
Council ctiseussion included traffic mitigation and stoplights on Barker Koad and Harvard Road;
J development outside our boundaries wMich would use our infrastructure; not being involved in all
discussions conccrning the TIF boundary; Nire 17ist:rict #1's t:axing authority; and the impnrttince ofi our
stafTattending the public hearing; ancl af the possibility of including further council discussion prior to
Council zicljourning int:o T-_'xccutive Session at the I7ecember 19" Special Meeting. Council went through
the materials prepared by Jeffrey C. Nave concerning Tax Increment I=inancing, and in particular page 32
describing how to halt the TTF creakipn peocess; and further menCianed the need for additional
communicatiorl with the (:ounty. Cotm4i1member DeVleming suggested that agenda items for the next
joint meeting with the Counly Com.missioners should be joint planning itncJ contracting; and that such
meetin,b should occur saon.
nISCUSSIO\`: Council Deliberacion: I7rafi; Comurel.iensive Ylan, I..wid Use and/or Ueilities Chanter
In the inceresC af [i.me, therc was Council consensus that this item be postponed to another rneeting.
I1 tivas ntovetl by Coarncilmenrlaer Flan~gan, seconded, atttl imunimously ugreed to udjotn•n. The meetirrg
adjoirrned at 8: 5S p.m.
Diana Wilhitc, Niayor .
ATT'r ST:
- Christine 13ainbridge, City Clerk
~
Council A4eeting: 12-] 3-OS Fage 7 of 7
Approved by Council:
Dral°t R -TT'UTES
City of Spokane Valley
City Council Fxec:ut•ive Session
i1'londay, December 19, 2005
Ma?ror Wilhite called the meeting to order at 5:30 p.m.
Attertdmzce:
Councilaiembers: staff;
laiana Wilhite, Ma}ror Dave Vlercier, City vlanager
Rie.h iMunson, Depury Mayor Nlina Rebor, Deputy City Manager
ulike Flanigln, Couneilmember Mike Jackson, Parks Rc Recreation 17irector
iVlike lleVleming, Coune.ilmernber Mike Coniielly, City Attorney
Stcvc Taylor, Councilmeinber
llick Denenny, Couneilmembcr
Gary Schimmels, Councilmember
EXECUTNE SESSTQN: At 5:31 p.m., it was nloved by CuuncilnremberFlrvaigan, secotuled hy Uepu.ty
iWuyor Munson, and zrrlrnrimou.rly a,greed thnl Council go inlo .T'..xecutive S'e,s,sion crntil approzintately 730
p.m. for ihe purpose of discussing labur negotiutions. Council adjounied into executive session.
At 7:30 p.m. Mayor Wilhite announced an extension of the Executive Session to approximately 8:00 p.m.
vlgyor - Williite declared Council out of Executive Session aC 7:45 p.m. It wus then nroved by
Courtcilfneiriber FIrnrigari, secandecl by Deputy MUyor Mun.rnrl, C777d tI71QTl1))10USIy QppYOVG(I 10 CZLI 014Yi1.
Thc meeting adjourned at 7:46 p.m.
;
Diana Wilhite, Mayor
ATTEST:
Christine $ainbridoe, City Clerk
,
Council,&tinu4es: 12-19-05 I'agc 1 of 1
Approved by Council:
ivIEN-UTF S
CITY OF SPQKAIVE VALLEY
STUllY SESSiON
' Tucsday, Uece.mber 20, 200a, 6:00p.m.
Attendance:
Councilmembers: Staff:
[7iana «'illiite, Mayor Dave Niercier, City Manager
lZieh Iviunson, 17eputy May.or Nina Regor, Deputy City Managcr
Dick.T)enenny, Councilrnember Mike Connelly, Cit}, Attorney
Mikc CaeVleming, Councilmember Kcn Thompson, Finance Director
N1ike Flvnigan, Councilmernber Neil Kersten, Public Works Iaii-ector .
Gary Schimmels, Councilmember Mitrina Sukup; Community L7evelopment Uirec;tor
SCeve Taylor; CounciLmember Mike Jackson, Parl:s & RecreaCion Director '
Toin Scholtens, Building OfFicial
Cal Walker, Police Chief Stevc Worley, Senior Fngineer
Greg McCormick, Planning ~V'Ianager
Scott Kuhta, Senior 1'lanner
John Wohman; SeniorEngineer ,
Tim Klein, Maintcnance Superintendent
Carnlbelle Branch, I'ublic Inforniation Officer
Bing Bingaman, 11 Specialist .
Chris I3ainbridge, City Clerk
Ntayor Wilhite calletl the meeting tn orcler at 6:00 p.m. antt Nveleomed all in attencla.nce.
~
,
` EmDlovee Intrndcrctiotis: Building Official Tom Scholtens introduced newly hired Permit Specialist Jodi
Main. Council welcomed Jodi to the CiC}' staff.
1. Administration of Oath ot'Office for Councilmembcrs - Chris Bainbridae
City Clerk Bainbrid3e administered the oatih of offlce to all returning councilmembers as a group; then to
newly elected Cauncilmember Bill Gothmann, followed by congratulations and a short break to allow
others to eYtend congratulations and partake in coffee and co4kies.
2_ 2009 Wnr(d Fi«urc SkatinQ Chamoionshins - Dave MerciedTobv Steward .
1'oby Steward and Barb- Beddor of Star USA gavc a presentatian on thc 2009 Figure Skacing
Championships; and also went diroug i a stiort presentation hig,,hlighting the 2007 event. Mr. SteNvard
discussed the bid fnr 2007 and what is needed for 2009; stating that thhe goal is to get ten org-tnizations to
help support the 2009 event and suggest.s each entity contribute $30,000 over a th.ree-year period. Ms.
l3eddcir mentioned chat fgure skating is the most popular sport of NvinCcr Olympics generating thc highest
celevision ratings; and they are confident of hosting the 2009 event. They furlhcr explained that this
would be a state-widc bicl widi Wasliington SCaCC biddincy, Nvith the siCe for evenfs taking place i.n Spokaric
at the r1rena and Spokane Convenlion Center; they discussed bid specifications for the even[ and spoke of
the requirements for hosting; and asked Council for a commitsncnt to help with the event by contributing
$10,000 pEr year f.or 2007, 2008 and 2009; and stated if the bicl is not won, die City has na financial
obligition. vis. 13eddor stated thal revenucs jenerated in previous ycar when Vancouver hoscecl the 2001
event, resulted in an estimated $81.6 million delivered to their economy. They stated their bicl deadlinc
is February 1 and they would appreciatc a dete»nine a,s soon as possible.
~ l7iseussion. and questions followed concei-iiing the number of'hotel rooms necessary ancl if therc is ample
_ capacity. Ms. Becldor cxplained that this event would require 1,000 to 1,500 rooms per night for the .
week-lang period; adcting that more hotel rootns would be filled by fans tlian competitars. Cauncil
Study Srssiqn Minutrs; 12-20-05 PAoe 1 oC4
ApprpvecE by Council:
discussed continueci about Fiinding including the mention of the hoteUmotel fimd; and City Manager
lvtercier stated as a point of information, that other jurisdictions have used funding from hotel 1Qdging tas
for this type of event; and he would recommend convening that eommittee so they could pass a
recommendation to council; adding that the first $10,000 would not be due until 2007.
It was moved by Cvunci!»iemher Flanigun afad secondecl, that the City of Spokune t/ulley sltow support of
the world championships by promisirrg $30,000 over the three year period of 2007, 200c4, und 2009.
Mayor Wilhite invited public comment; no coinments were offered. Vate fiy Acclumution: In Fcrvor.•
Ununirnous. Opposed.• None. Abslentions: None. Motion carried. Mr. Steward mentioned that mid-
March is when the selection commiriee will come here to appraise the bid and faciliries; and that he and
Ms. Bedclor mighe be baek then eo ask council to be irivolved in process if possible.
3. East Vallev School District School Resource Officers - Cal Walker -
, Police Chief Waiker introduced Christine $urgess, East Valley Sehool Superirntendent, and Jeff Miller,
East Valley High Sehool Principal, who will discuss their request for a School Resictential Deputy. Ms.
Burgess explained that thay sEek support to establish a school residenTaal depucy at Fast Valley School
District, iind thaC the Deputy would be housecf at East Valley High School for improved community
safety. She esplained some of the history of safety problems in the past including an incident involving a
gun; oF t}icir budget and their willingliess tn help support the proy*ram; of the neighborhood peesence,
prevention, and educ;ation, and c011tinued with her presentation as per die ctistributeti handoul. Principal
vliller said he spoke with qther area principals who have commissioned officers in their scllools and of
the multilude of benefits. They indicated the cost of.the program Co the School ]aislrict would be $15,000;
with a'total (:StIRl7tE:d annual cost oF $100,000; and StBtCd l'I71t tF1E COUt1Cy and City could sharc the
remaining cost through available g*rants and other local funding.
Counci.l discussion included that such a request for a funded officer has not occurred in the past; the -
,
percesitage of funding sought from the City antf from the County; and lhat diis would be an addition to the
contract and not a re-negotiation. It was Couticil consensus that Chief VJaiker appraach the GOwity to
see if they would be willing to split evenly the $85,000 with the City; and that Ch.ief Walker will report
later to Council conc.erning his discussions with the Couni:y; and lhat Council wants the School District
to remain involved.
4. Ad.Hoc SiQn Committee Undate - T)tive Crosbv
S.iQ Committee Chair Crosby eYplained the issues cQncerning tlie business directional signs located on
Appleway, and the Sign Committee's recoinmenciation not to replace the existi.ng signs. Via his
PowerPainC presentation, he explained that the Commii:tee's eoncerns were (1) are the currcnt signs
effective in directing traffic tn businesses advertiscc4; (2) are they ineffeelive and if so, why; (3) how
could tllc signs be more effective; (4) what alternaeives should be considered; (5) whal are the
implications for other one-way commercial streets where the same conditions exist; and (6) what are the
cost implications and how should business be charged. .
In response to Counciln.lember Denenny's quesfion concerning gifting of public fiinds; City Attorney
Cortnelly responded Chat t11e current signs are likely illegal, and signs could Uc placecl 'in the right-of-way
but they would necd to be similar ta the official bluelgreen state highway signs; and the issue nf gif'ting
could be resolved by charging for the signs. Lengthy disaussion ensued regardinb the effectiveness of the
current sigms; sign ordinance prnhibiting ofF premise adverCising; and if the signs are replaced will '
businesses in other aeeas want the same kind of consideration later, It was Coupeil consensus that since
there will be a fairly extensive study completed on the SPragueJAppleway Corridor in the near future, to
add this element Co the study and have the chosen consultant e:camine the issue for recommendations; but
to le3ve thc situation wichanged for now. It was also mentioned that staff should make sure the chosen
consultailt receives a copy of the Sigm Committce's report.
Scudy S=ion ivljnutes: 12-20-05 Pagc 2 oC4
Approved by Council: -
5. Pavement Cut Policv - Tom Schnltens ,
After Building Official ScholCens gave his PowerPoint presentation, discussion inCluded (1) inspsctions
~ ancl what [hey entail; (2) whether the current bond requirement is necessary; (3) time limits on an -
- obstruclion permit; and (4) right-of=way patches being doiie wit.hout a permit ancl ass4ciated violations;
and is,suing larger, project type permits for scwer or utility installation. It was Council consensus that Mr.
Scholtens will coutinue to gather d3ta and report back in February aftcr he is able to observe the current
prncess to oet a better feel of what should occur nest year and in future years; and that additional daca will
ineludc informatinn concerni.ng the four points mcntioned above; staff requirements, and Spokane Valle}'
business licenses.
6. Drali: R.cauest for Pronosals for the SoraLUe/AonletivAV Corridor Subarea Flan - Marina Sukut) and
Greer McCorniick
Plsnning Manager MeCornnick explained the request for proposals as per his Request for Council Action
form, highlighted some of the wrork items ' witliin the draft Request For Proposal (RFP), ancl rnentioned the
Centative schedule as shown in Section VIII of the draft. Lengthy discussion ensued regarding the
boundaries i.n question, whether to phasc the project and if so how to designatc die phases; fimding and
other budgewry issues; the concept of.' a City Center, auto row; ample commercial land desisnation; and
the corridor as a whole. It was Council consensus that staff move ahead lo4king at the whole corridor,
with phasing being delermined where best suited; and to move forward to publish the RFP, adjusting the
timeline as necessary.
Mayor Wilhice called for a five minute recess at 8: I S p.m., and reconvened the mecting at 8:20 p.m.
7. Draft Scope oF' Work for Street Mastemlan and Related aclivitics - Neil Kersten
Public N'Jorks Director Kersten explained that Council expressed a desire for awcll-defined Street Mastcr
Plan that identifies the current condition of the city streets and recommends appropriale irnprovements
~ and maintenance tq preserve the value and stivctural integrity of the transportalion system. Seninr
` Fngincer Worley then explai.ncd the Scope of Services phases and tasks. In response to Council inqui.ry
concerning a timeline, Mr. ICersten said he expcats the project will takc about a year to eomplctc, that the
grant dates are not final.ized, and to be eligible for some grants, data will be needed nn all sidewalks on all
arterials. VIr. Mercier added that seaffi fecls it imPortant te have the outside consultant do the first pass at
gathering all the information ta have exteiyial validation of the amount of resources that would Ue neeLlecl
for die acttial in&aslruc[ure improvements, to help rationalize the criteria systern that woulcf be uscd to
deterniinc which projects should requirc attention first, that the outside assessment will acaortiplish the
Lisk quickly and provide thaC external validation sliould council detennine thiiC voter approval is required
for some capital improvernents. Vfr. Mercier asked concerning Transportation "I'ask 92, if wc anticipate
the consultants completing Cheir snidy Septembe•r co Decetnber, then the nexe year T'LE' wbich needs
approval in June of 06, will that be a product of in-house stafP? ivlr. Kersten replied it woulcf wiCh the
possibility of enlisting the cotisultant's assistance. i*vir, iVlercier suggested staf'f rnight want to cont~rm the
daees oF the TLl' if the consultiuit won-t bc able to prepare the full six-year TIl' until Sepeembcr or
Dccember of 2006, thaC perhaps the TIF' dates wnuld be for the years 2008 ta 2013 rather than from 2007
through 2012. Mr. VJorley said he would exarninc t:hat issue. lt was Council c;on5ensus to move forwarc3
Nvith ttic Request I'or Proposal.
3. [toad Mainlenancc Undate - Neil Kersten/John Nohman
E'ublic Worlcs .Tairector Kersten esplaincd that there was a joint meeting with the Board of County
•
Commissioners last October which discussed the road maintena.nce contract; and that Nfr. Hotiman Iias
been working nrith County sCaff to lay out a draft plan Por review; that our staff went through this
E'owerPoint prescntation with stafl•' Gom the County to make sure t1hey wel•e comfortable with our
statements; that they suggested sdme changes and those changes tiave been incoiporated into tonigllt's
presental'ion; addirig that there were a fe~v changes in direction since lhcn as die County has slated its
willingness to cotttract witli the City as long as tve need them; ancl if we proeeed with enntracting, as wc
receive aud evaluate bids, if «<e ciccide it is best to go with the County, we can ahvays opt not to award
the bid and stay with the county. R2r. Mcrcier added that he attended the County's meeting this marning,
Swdy Scssion Nfinutcs: 12-20-05 Puge 3 of4
Approvcd by Council:
and each Commissioner said they were i_n suppnrt of continuing services under re<<snnable conditions, adcling that there is no economic disadvantage or grievous union is.sues associated with the contracts, but
t_here are some portions of the contract to re-examine in coming years. Iv1r. Hnhman then wcnt through his PowerPoint presecltaiion, and stated that Chey received validation that the transition plan is really an - optional plan with no forcecl eonclusians.
It was mnverl by Depirty M6yor lYfzinsoti, seconded hy Councilmember 7'aylor, und unanimously crgt•eed 10
exlend the nteeting l0 9: 15 p. m.
Councilmembcr Flanigan asked if we talked with the City of Spokane as they might be interested. Atler
the presentiition of die PowerPnint, it was Council consensus to move forward.
9. Service RecoQnition - llave vlercier
Mr. Mercier relinquishecl the floor to iV(ayor «'ilhite, who then spoke of Councilmember Flanigan's
service, that tonight is his last meeting, and in bidclinb adieu she prescnted Councilmembcr Flanigan with
a plaque honoring him for his part oF the First City Cauncil of the City of Spokane Valley. F1fier
eongratulations were given, Deputy Mayer viunson spoke oP the jested "Flanigan Statue" often referrect
to in the past, and presenCed Mr. F"lanigan with a statue mcmorittlizing tlle ttivo of them during past
Mayor's balls. Each Caunciltnember then spent a few mnments to thank Councilmember Flanigan for his
work as part of the first Council of the City.
10. Aclvance At~enda Addilions - Mavor Wilhite: No comments
11. Couneil Check in - Mavor Wilhite: No eomments
12. Citv Manaper Comments - Davc Mereier .
City ylanager Mercier brought Council attention to t}ie memorandum distributecl to Council tonight ;
concerning the upcoming schedule for hantlling the Conlprehensive Plan; and that the break between '
tonight and Janutiry 12 will give Council opporlunity for further revicw of the Plan, as well as a reminder
of what is needed to accnmplish tirncly aclopYion.
Gottncilmembcr Flanigan said that he heard from a citizen concerried about banning sledcling in die . ' Mission Yark area, a.rid statecl that no such ban would take place wifhout Council eonsensus; with Mr.
Mercier additig that staff is undertaking mcssures to ntake the sledding experience a safe experience.
Mr. Vlcreier st<zted that it is his unclerstanding that the Cotinty has clecidecl to close chcir nffices at 1:00
p.m. on Friday, and if Council desires /o do likewise, tonight would be the last opporhinity to make tliat
decision. It was nroved by Councibnen:ber DeVlenring, seconded by Councibrtember Flanigcm, atrd
zalunimously agreed that City Offices will 41use at 1: UU p.m. Fridcry.
It tivus moved by Councilmentber F!u»igcrn, seconded, ancl unmiimnurly ugreed to adjourtr !he meetrng.
The meeting adjourned at 9:19 p.m. Diana VJilhite, Vlayqr
ATTr ST:
Christ'ine Bainbridge; City Clerk •
Study Sessiun Minvtes: 1 Z-20.05 Pagc 4 of 4
Approved by Cquncil;
TaraFt
, liT\MTES
_ City af Spnkane Valley
City Council Study Session
'I'ucsday, January 3, 2006
Mayor Wilhite called the meetina to order at 6:00 p.m., and welGomed everyone to tltc rne:eting
Attesrdnrlce: City Staff
T)iAna Wilhite; Mayor 17ave Mcrcier, City Manager
Rich Nqunson, Deputy Mayor Nina Regor, Deputy City Manager
Dick I)enenny, Councilmember Mike Cnnnelly, City Attoniey
Mike DeVleming, Couneilmember Ken Thompson, F'inance Director
I3ill Gothmann, Councilmcmber N1ike Jackson, Parks & Ree Director
Gary Schunmcls, Councilmember Tom $choltens, Building Official
Steve Taylor, Councilmember Neil Kersten, Public Works Director
Cary Driskcll, Deputy City Attorney
• Cal Walkcr, Police Chief
Iblarina Sukup; Community Developmcnt Director
Carolbelle Branch, Public I.nformation Officer
"Bing" Greg Bingaman, IT Specialist
Chris Bainbridge, City Clerk
1. Election oP Council Off icers - Chris Bainbridse Ciry Clerk T.iainbridge explained ehe procedure for conducting the election of Mayor and Deputy Mayor,
then called for nominations for Mayor. Councilmember 17enenny numinated .Diana Wilhite for Mayor.
After a ca(t for furiher nominatiAns, none were offerecf and the noininations were closed. Aecording to
pnlicy, since only one person was nominated, written balloLs were not necessary. City Clerk ]3ainbridge
ciilleci for chc vote: In Favor of i7iana Milhile lor Mayor: Unaiiimous. Opposed: None. Abstentions:
None. Diana Wilhite was decltirect Mayor. City Clerk Bainbridge distributecl ballots for Deputy Mayor.
Mayor Wilhite opened nominations far lleputy Mayor, Councilmember Gochmann nominatecl aich
Munson for Deputy Vlayar; Councilmember T)eVleming nominaCed Steve Taylor f'or Deputy Mayor.
After a call for furrher nominations, none were offered and t:he noininations were closed. Ai'ter
. caunciUnembers voted on the written ballots, City Clerk Bainbridge collected and talliecl Che ballots and
declared there were four votes fpr Stcve Taylor and tluee votes for }2_ich Munspn. Steve Taylor was
cleclared lleputy Mayor. Specife vot:es were as follows: for Steve Tziylor: Gary Sehimmels, Steve'1'aylor,
Uick Denenny, and Mike DeVleming; and Por Rich Munson: Rich Munson, Uiana 1Vilhite, and Bill
Cothmann.
2. Council Committee Anoointments - vlavor
Councilmember DeVleming asked that his name replace Sceve Taylor's on the GMA appointnlent, and
Mayor Wilhite eoncurred. It 1vas movecl by Cor.arcilnreirrfier Xfurt,snn rntd secondecl by Cauncilnrenrber
Denenfiv, tv appruve the lis•ted nontinations for conunittee memberships, wrth tlre noted chatlge for the
CjLfA. During Council discussion, Councilmember DeVlemino indicated he would like to be consicfered
For inclusion on the Finance Committee, and Mayor Wilhite said she would keep that under consideraCion.
After further brief discussion, the vote was taken by acclariiatiAn: ht Fcrvor: Nicryor i3'ilhilE, DEputy
Mayor Taylor, (ard Cornicilmenibers Schin:mcls, ne»eiiiiy, lbliinsotr, and Gotjurtur:n; Oppasetl.•
Cvuncilnrember l)eVlerrring-Abste►itiotis: None. Alotioir carried.
Council Study Session: 01-03-06 Paoc 1 of3
Approved by Council:
Draft
3. Student Advisorv Committee FLmdine .Recommendation to Youth Outside Aieneies - Ntike
DeVlemins
Councilmember DeVleming explaincd the process the Student Advisory Committee used in considering
the funding allocation as nated in the background matcrials. It was then moved by Councilmember
DeYleming and ,seconclecl by CbaaTCibnember 17errer7try, to uccepF the .,'~I1lCIC'!11 ACIVISOYy COll7!)1111Ee's
. recommendution on the tling fvr the Big Brothers/13ig Sister,s. 'Mayor Vlrilliite invitetl public comment;
no c;omments were off-ered. Vote hy Acclatrtation.• In Fuvar: Uttmrimous. Opposed: None. Abstenliotts:
None. 111otion carrier.l. 5. ttnnual Accomnlishments Renoit - Nina Resmr and .TaeoarCment Heads
Deputy City Vianager Rcgor began by explaining the six goals adopted by Council for 2005, and .
conrinued wiCh the 1'owerPoint presentation; followed by each department director explaining their
department, c.g. Finance Director Ttiompson, City At[arney ConneUy, Publie GVorks [airector Kersten,
Police Chief Wallcer, Parks and Rccreacion llirector Jackson, Community Develnpment Director S«kup,
with wrap up by City Manager R.cgor. Cnuncilmembers expressed their appreeiatinn for staffs work and
dedication in accomplishing sn much with so few staff members.
Vlaynr Wilhite called for a recess at 7:10 p.m. and reconvened the meeting at 7:20 p.m.
4. National Incident Mvnae,ement Svstem TraininQ (NIMS) - Cal Walker/Tom Mattern
Police Chief VJalker introduced Deputy Director of Oncrations and Plans Tom iVlattern, who went
through the PowerPpint presentation esplain.i.ng the various aspects of becoming NL~VIS compliant,
including implementatinn, staff training, expected timelines, and the lack of federal do113rs for those who
do not cnmply.
. 6. LeQislative Issues - R.ich Munson
Cowicilmcmber Mwison cxplained his packct memo and werat over the items to pass and those to oppose,
adding that #3 should be deleted as chat option has already passed, and reiterated that Chese issues are the
basis f'or discussion ancl not finalized. Councilmembcr DeVleming suggestecl adding rivo aciciitinnal
items: UCA, and state-wide funding for Project tAccess. Cauncilmember Munson indicated he would
contacC the Project access Director for Purther information. Regarding ilem 44, "Support the A1UC
Downtown Revitalization Prograni," Councilmember iMunson said the State approved the program but
faileci tU fund it It was alsn mentioned that 98 is actually the Children's Un. iversal Park, which was •
discussed but no movement has yet t.ahen place. City Attorney Connelly offered assistance on changing
sornc verbiage, such as for 91 to add a sentence coneerning the grantinc, of sanctions for failure to
comply; for #lb co change "clesrly stat:ess" to "spceires"; and for ttli:, to add "approved by the affiected
jurisdietion" after the wqrcls "Capital Faeilities I'lan." CouneiLmemUer Munson also staYed t:hat he did not inclucie tax incremenl financing hccause the currenC legislature staled they will noC change the law.
Vlayor Wilhite invited each councilmember to review the in.formation closely, and to scncl their suggestions to her by Janua.ry 10; and that she will then drah a letter for .311 councilmember's review prior
co finalizing the letter to take to Olympia January 25. 7. Advance Aeenda Fldditions - Mavor
Mayor Wilhitc menlioned the upeoming additional meeting claCes for comp plan deliberation, including
tN-.,o additional publie hearings. The January 23 joint meeting with the School Dislrict was also mentioned and Mayor Wil.hite said she will conlact school officials in orcier to get any background documents to
coiulcil prior to the meeting. City iVlanagcr Mercier mentiuned the February 11 retreat; and it was
suggested that the topics of TIvII~A Matters ttnd Sewer Paveback bc added to that agenda.
Couneilmember IaeVlEming asked about the status of "bus benches and francltise presentation," as well
a.s "Fiber <<s. Tl for communications." Parks ancl Recreation Iaireetor Jackson saicl staff continues Co
work to get the current systems ivnning before addi.ng anything ncw, a.nd that a f_trst priority would be
Couiicil Study Session: O 1-03-05 Page 2 of 3
Approved by Council:
Diaf•~
- fiber between Cit_y Hall and CenterPlace. Councilriiember DeVleming aIso asked about the commictce for
' hot zones, and Mayor Wilhite inclicated shc is hopeful of having apotenlial list of committ.ee membcrs
some time in Januxry.
8. I'ronosed Chanees to Ntaster Fee ftesolution - I.nfornlation Onl'r .1.tem
Nia}ror Wilhite staeed that council can review the information, and the item will be brought back for
discussion at the next couneil meeti.ng.
9. Council Check in - Mavor ,
Ido comments.
10. Citv Nlanucr Comments -)=)ave Mereier .
City Managcr Mercier said thatprofessional trainers will be here for a full staff training in January
concerning the numerous aspects of customer sentice.
11. EXrCU"I7VE SESSION: PotenCial I.,itiization, It ivus nroved by Cotatcibnenrber 11Ir.insorr, secorrded and :otar2imously passed, Fhat Cv:arcrl adjourrr inta
E.Yecutive Sessiorr concerning potential litigulion for appro.rinurlely 45 minutes star[it1g at 8:30 p.m., thal
nv uction will be taken ufter~vaYtls, C!)'1CI f IjYL se,s.crofi lasts longer a naembEr nf Council ►vill cane hack 10
the Courrcil clrn»rbers tm malce r.r .stntenrent tn exlend the Executive Session. Council acljotarned into
EXe:cutive Session at8:25 p.m. Mayor Withite cleclfu•ed Council out of Executive Session at 9:15 p.m. It
►vay theri moved by Cauncihiaembef• JaeYlemirrg, seconded Gy Cauncrlmember Dener2ny, tnrd unanimnusly
passed to adjourn. The mee[ing adjourncd at 9:16 p.rn.
~
Diana Wilhite, Vlayor
A1'TFST:
Christine 13ainbridae, Citp Clerk . '
Council Stucly Session: 01-03-06 Page 3 of 3
Approvcd by Couacil:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 01-10-06 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ iniormation ❑ admin. report pending legislation
AGENDA ITEM TITLE : Motion Consideration: School Resource Position (East Valley
School District) - Proposal from the Spokane County Board of County Commissioners
PREVIOUS COUNCIL ACTION TAKEN: During the December 20, 2005 Council Meeting,
Chief Walker and others gave a presentation in support of a School District Resource Officer for
East Valley School District. Below are the excerpted minutes from that meeting.
3. Fast Vallev Schocal District Scliool Resource Officers - Cal Walker
, Police Chief Walker introduced Christine BLu-gess, East Valley School Superintendent, and Jeff
' iMiller, T'ast Valley H. igh Scliool Principal, wlio will discuss their request for aSchool Residential
Deputy. Ms. Burgess explained that they seek support to establish a schopl residential deputy at
fiast Valley School 17istrict, and that the 17eputy would be housed at East Valley High School fnr
improved community safely. She expltiined some nf t.he history of saFety problems in the pasl
ineludin(F an incident involving a guq; of their budget and thcir willingness to help support the
program; of ttie neighboncood prescncc, prcvcnkion, and e,ducation, and continucd with hcr
presentation as per the distributed handout. Principal Miller said he spoke with other are.a
principals who have commissioneci officers in their schools and of the multicude nf benefts. They
indicated the cost of'the program to the Scliool Taistrict would be $15,000; with a total estirnated
annu.il cost of $100,000; ancl statecl thiit che County and City could share the remaining cost
through available grants and other Ipcal iunding.
Council discussion incluclecl Chat stich a requesc for a funded oflicer has not occurred in the past;
the percentage of funding sought f'rorn t}ie City and from the County; and lhat this would be itn
additinn to the conri-act and not a re-negotiation. It was Counci] consensus that Chief Walker
approach the County to see if they woulcl be willin;; io split evenly the $85;000 with the City; and
th1X Chief WaIker will report later to Couricil concerning his discussions wich thc County; and that
Council wants tFic Scliool Discrict co remain involwed.
- This item was brought before the Board of County Commissioners at their January 3, 2006
meeting. At that time, the Commissioners authorized a counter-proposal be presented to the City Council. They proposed funding 100% of the City/County share of the School Resource
Officer position in the first year and no other County participation in the cost thereafter.
RECOMMENDED ACTION OR MOTION: Provide direction to staff.
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cal VlJalker
,
ATTACHMENTS
. CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 10, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing
❑ information ❑ admin: report X pending legislation
AGENDA ITEM TITLE : Amended Fee Resolution .
GOVERNING LEGISLATION: Resolution 05-024 contains the existing fee schedule for the
city.
PREVIOUS COUNCIL ACTION TAKEN: Resolution 05-024 was passed in December of 2005
and included updated fees. As the city approaches 2006 there are a few additional changes
that need to be incorporated into the fee schedule.
BACKGROUND: The city. uses a resolution to establish fees for city programs, permits and
services. Periodically, the city must update the fee resolution to incorporate new or modified
fees. The changes needed at this time include:
.
1. Add back a$58 per hour charge (page 11 and 12) for City employees working on
proposed projects. This charge was deleted in error in an earlier revision.
2. On page 6 under "Plans Review Fees,° delete the first sentence "Plan Review Fees shall
be collected at the time of permit issuance along with the WSBC fee." This wording is
contained in later paragraphs. 3. On page 6 under "Structural Code" change the second sentence as follows:
..............calculated by the Building Official using the latest valuation data available in
November of each vear in the Building Safety Journal of the International Code Council, .
whichever value is greatest.
OPTIONS:
RECOMMENDED ACTION OR MOTION: Approval of Resolution 06-001.
BUDGET/FINANCIAL IMPACTS: These changes are intended to clarify city fees. No
significant gain/loss in fees is expected.
'STAFF CONTACT: Ken Thompson, Finance Director
CITX OF SPOKAiYF, VALLFY
SPOKAVE CQUNI'Y, WASHTNGTON _ i
RFSULUTION iN0. 06- 001
A YtFSOLU`I70v UF T13E CI'TY OF SPOKANF, VALLEY, SPOKANE COUNTY,
R'ASHIlYGTON, AtIMND]NG RESOLUTION 05-024, A.ND AI'P.ROVING A~Y
AMF\TDED 14iASTER FEE SCH:EAULE.
WHE[ZrAS, it is t.he general policy nf the City to establish fees that are reflcctive ofthe cost of
services prnvided by the City; and
WfHk,REAS, the City uses a resolution to establish fees for City pragrams, pennits and services,
and periodically the fee resolution must be updated to incorporate new or modified services; and
\WWFREAS, Cou.ncil desires to modify-the Resolution and accompanying Fee Schedule.
NO`V 'I'WEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County,lVa.shington, as follows:
Section 1. The changes needed at this time are incorporated into the attached schedules, and include:
(1) insertian of a city employee hourly rate of $58 for eharges billed to uther iridividuals/organizatinns;
(2) deleting duplicatc wording regarding when plan review fees will be collected; and (3) insertion of
wording referencing valuation data in the \tovcmber Auilding Safety Journal.
Section 2. Americlment. Resolution 05-024 is specifically amencied as is set f_'orth in the following Amended Fee Schedule.
SecYion 3. Effcctive Date. 'I'his Resolution shall be in full force and effect January 10, 2006.
Adopted this 10~' day of January, 2006
AT"MST: ti CiTY Ol' SPOK.ANE VALLEY
Christine I3ainbridge, City Clerk Diana Wilhite, Msyor
Approved as to form: .
Office nf dhe City Attorney
.
ANMNnEI-1) MAsTEH FEE scHEDUx,E .
Fee Schedule Page No.
SChedulc A: Develapment 2
Schedule B: Building 4
Schedule C: Fire Cocie 11
Schedulc D: Parks & Recrcation 14
Schedule E: Administrative 17
Schedule T{': Other Fees '
.
Resolution 06-001 Page 2 of 20
iVYAS'.I'ER FEE SCHEDULE \
Schcdule A - DEVE:LOPMENT AMENlln~',NTS
Comprehensive Plan amendment $1,500.00
Zoning or other code text amendment $1,500.00
APPEAI.,S '
Appeal of Administrative llecision $1;000.00
Appeal of I-iearing Examiner findi.ngs $300.00
Transeripdrecord deposit fee on appeals of Hcaring
Examiner's decisions $150.00
FNVIRONMENTAL REi VIFW
State Environmcntal Policy Act (SFPA)
Single dwelling (wheis reyuired) $100.00
All other developmcnts $350.00
Cnvironmental impact Statement (EIS) Fteview $2,200.00
Addencla of existing EIS Review $350.00
Shoreline ~
Substantial Development Permit $500.00 -
Critica! Areas $300.00
Floodplain Permit $50.00 Per lot
PERIVCITS ,
Home Occupativn Pertnit $80.00
Conditional Use Permit $800.00
Temporary Use 1'erni it $150.00
PI.,ATS
Subdivisions
Freliminary plat $2,150.00 Plus $40.00 per lot
Final plat . $1,250.00 Plus $10.00 per lot
Short Plats
Preliminary 2-4 lots $750.00
Final Plat 2-4 Lots $1,050.00 Plus $10.00 per lot
Preliminary plat 5-9 Lots $1,250.00 Plus $25.00 per lot
Final I'lat 5-9 Lots . $1,050.00 Plus $10.00 per lot
Rc:solution 06-001 I?age 3 of'20
- ' I'I:itAlteralion
Subdivision plat $650.00
Short plat $265.00
Binclin; Site Plan $1,500.00
Binding site plan modifcation $.1,300.00
Change of Conditions $650.00
Aggregation/Segregation
T,ot line adjustment $100.00
Lot linc climination $100.00
7ero lot line $100.00 Plus $10.00 per lot
,
SIGVS
Review of permanen[ sigm $50.00 Plus $25.00 if E''ublic
Works rcview is
neecled
lteview of Cemporary sign $50.00
SITF PT.,AN RFVTI:R' " $550.00
ST'RFT,T. VACATIUN AE'1'L1CATION $1,300.00
VARIAn'CES •
Adrninistrative . $300.00 Public Ilearings $1,500.00
ZOiNING
7_oning map amendments (rezone)* $I,650.00 .
PUD plan $1,500.00 Plus $25.00 per lnt
PUD mocliticat:ion $500.00
*If recone is combined with other action(s), cost of other
action(s) is additional.
Note: The F3uilding Q.fficial is authorized to require the permit applicatrt to provide fee
reunbursement to the City of Spokanc Valley for any prnf'essional services rEquired outside of -
City staff review. Soine exampleti of potcntial outside resources uiclurie plan revieNv,
construction inspcction and surveying.
Resolution 06-001 F'age 4 of 20
Schedulc B - BUILDING - 'fhe builciing code permit fees are collected at the time of the issuance of the building permit.
Other fees are also to be collected at the time of thc issuing of the building permit. Each
dcpartment for whnm tliE fee is collccted is to advise the pcrmit specialist of fecs due.
GRAn1iVG
Permit Fees
Cubic Yards FEE
100 or less $20.00
101 to 1,000 $20.00 for the first 100 Cu, Yd., plus $7.00 for each additional 100 Cu. Yd.
1,001 tc) 10,000 $83.00 fAr tlie first 1,001 Cu. Yd., plus $6.00
for each additional 1,000 Cu. Yd. 10,001 to 100,000 - $147.00 for the first 10,000 Cu. Yd. plus
$15.00 for each aciditional 10,000 Cu. .Yd.
100,001 to 200,000 $368.00 for the first 100,000 Cu. Xd. plus
$15.00 for each additional 100,000 Cu. Yd.
200,000 or more $503.00 for the first 200,000 Cu. Yd. plus
$15.00 far each additiona1200,000 Cu. Yd. Ylans Checking Fees
Cubic Yards FEL
50 or less No fee
51 to 100 $12.00
101 to 1;000 e20.00
1,001 to 10,000 $25.00
10;001 to 100,000 $25.00 fnr the first 10,000 Cu. Yd. plus $7.00
for each additional 10,000 Cu. Yd.
100,001 to 200,000 $98.00 for the first 100,000 Cu. Yd. phis $6.00
for each additional 100,000 Cu. Yd.
200,001 or more $158.00
Land Clcaring only (without exrtli being moved) $65.00
Paving 1'erinit (greatcr than 5,000 S.F - new paving only) $250.00
R.esolution 06-001 Pabe 5 oF20
STRUC`IURAi.: CODE -
Building permit fees.for each project are set by the follavving fec schedule. The table below is ta
be uscd to determine the building permit- fccs and plans chcck fees based on the value of the
construction wark as stated by the applicant or the value calculated by the Buildin; Official using
~ the latest valualion data available publrshed in 'November of each vear in the Buildirag Sufety
Journal by the Inteniational Code Council, whichever value is greatcst.
Valuation Table
Tutal Valuation Fce
$ l to $25,000 $69.25 for the first $2,000 plus $14 for each additional
$1,000; or fraction thcreof, up to and including $25,000
$25,001 to $50,000 $391.25 for the first $25,000 plus 0.10 for each
additional S 1,000, or fraction thercof, up to and
vicluding $50;000
$50,001 to $100,000 $643.75 for the firsc $50,000 plus $7 for each
aciditional $1,000, or fYaetion thereof, up to ancl
including $100,000
$100,001 to $500,000 $993.75 for the first $100,000 plus $5.60 for each
additional $1,000, or fraction thereof, up to and
~ includuig $500,000
S500,001 to $1,000,000 $3,233.75 for the first $500,000 plus $4.75 for each
additional $1,000, or fraction t.hereof, up ta and
1I1CIUdll1tJ $ 1,000,000
' $1,000,000 and up $5,608.75 for the first $1,000,000 pllis $3.15 for each
adclitional $1;000, or .f.7-acliqn thercof
Valuation Fxceptions Fce Per
. Syuare Foot
Yrivate garages (wood fraine) $1.9.00
I'rivate garages (masonry) $22.00
llple buildings $19.00
Open carport, decks, porchcs $15.00
Ylans Revieiv Fees
I Xa~$+n-Fees--t~e-tel-lec4ed.;,ro „c;;estt~„'e.,..
iV lJ] Q V
For other thaii signs, one and twn :family residcntial structures and the associated ar,cessory
_ b«ildings or structures, a Plaris Review Fee Dcposit of $200 shall be collected at the time of
aeceptaace of the Building Pernut Application. 'I'!ie application shall be accepted only when the
application is determined to be complete by City staff. '
j
Resolution 06-00 l Page 6 of 20
Far signs, one and hvo family residentYal structures acid the associated accessory buildings or
structures, no plan review deposit will be requircd at the time of Building Pennit Application
submittal. '
'I'he balanGe of ihe Plan Rcview Fee shall be collected at tlie time oEBuilding Peruut issuance
. along with the WSBCC Fee. E1ny excess deposit colleeted duriug the application process shall
be applied to the $uilding Pemut Fee.
Plans Rcview Fees arE not r.efundable once the plan review has been started. Plans Review Fccs
are additional to Building Pernut I'ccs. Plans review fee (general) 65% Of bldg permit fee
1'lans review fee - Grotiip R-3 occupancies (single family 40% Of bldg permit fee
less khan 7,999 sq. fft.)
Flans eeview fee - Group [Z-3 occupancies (singlE family 65% Of bldg permit fee
8,000 sq. ft*. or greater)
Plans review fee - U-1 or U-2 occupancies (sheds, barns, 25% Of bldg pcrmit fee
etc.)
. P11ns review fee - temporary tent or structure 25% Of bldg permit fee
Initial Plan Review Fces shall be capped at $35,000 ma.Yimum witli the iollowing exception: .
CYCeption 141:
if additional professional resources are rcquired for inciividual project plan review for those
projects that reach the maximuin Plan Review Fee, the Building Offieial shall be authorized to
require the permit applicant to provide those resources to ttie City of Spokane Vallcy.
If a set of plans already checked and approved is resubinitted by the owner or liislher agent, an
hourly raie of $47.00 vvill be applied for the rc-review. .
PLUN03ING C01)E •
.'I'he plumbiug cocle fees will be collected when the associatcd percnit is issued. lf the plunibing is
inclucied in the Building Pernut the unit costs are addEd, but not the basic phunbing permit fee.
A. Basic fees l) Basic fee for issuing eaeh permit $35.00
2) }3asic for each supplemental permit $7.50
B. Unit fees (in addition to the basic fee)
l) For each_ plumbing .fixnue on a trap (includiug $6.00 garbaDe ctisposals, dish washers, back flow device, ,
drainage, hot hibs, built in water softener, water
closets, lavatories, sinks, drains, ctc )
Resolution 06-001 . Page 7 of 20
' 2) Private sewage disposal system $20.00
- 3) Water heater . $6.00 rach
4) lndustrial waste pretreatment interceptor including $15.00
its trap and vent; excepC ki[chen type grease
interceptors functinning as #ixture traps. 5) Repair or alteratinn of water piping, drainage or S6.00 Each fxture
vent piping
6) La-vvn sprinkler system on any one meter $25.00
7) Atmospheric typc vacuum breaker $6.00 Each
8) Backflow protective device nther than atmospheric: $6.00 Each
type vacuum brcakers
9) iMedical gas $6.00 Per outlet
10) Tnterceptors $6.00 Each
Resolution 06-001 Page 8 of 20
NiFCHANrCAL COUE
The mechanical codc fees will be collected whcn the associated pernut is issued. If it is included in the Building Permit, the iuut costs arE added, but not the basic mechan3cal pcrmit fee.
A. Basie fees
1) Basic fee for issuing each permit .$35.00
2) ]3asic for cach supplemcntal pernlit $7.50
B. Unit fees (in acldition ta khe basic fee)
1) Furnaces & suspcnded heaters - Installation or
re 1 o cation a. up to and incluciing 100,000 btu $12.00
b. over 100,000 btu $15.00
2) Duct work system $10.00
3) I-Ieat pump & air concfitioner
a. 0 to 3 tons $12.00
b. over 3 to 1,5 tons $20.00
c. over 15 to 30 tons ' $25.00
d. over 30 to SA tons $35.00
. e. over 50 tons $60.00
4) Gas water heater $10.00
5) Gas piping rystem $1.00 Per outlet
6) Gas Ing, fireplace, and gas insert installation $10.00
Appliance vents installation; relocacion; re_placcment $10.00 Each ~
8) Repairs or aclditions $15.00 ~
9) Boilers, compressors, and absorption systems
a. 0 to 3 hp - 100,000 bfu or lESS $12.00
b. Over 3 to 15 hp - 100,001 to 500,000 btu $20.00
c. Over 15 - 30 hp - 500,001 to 1,000,000 btu $25.00
, d. over 30 hp - 1,000,001 to 1,750,000 btu $35.00
e. over 50 hp - over 1,750,000 bYu $60.00
10) Air I-iandlers a. L;ach unit up to 10,000 cfm, including ciucCs $12.00 '
b. Each unit over. 10,000 cFm $15.00
11) Evaporative Coolers (nther than portable) $10.00
12) Ventilation and exliaust
a. Each fazi connected to a single duct $10.00
b. Each ventilation system $12.00
c. Each haoci served by mechanical exhaust $12.00
13) Incinerators
a_ Installation or relocation of resiciential $19.00
b. Installation or relocation of commercial $22.00 14) Appliazlccs, each $10.00
15) Unlistcd appliazices
a. undcr 400,000 btu $50.00
b. 400,000 btu or over $100.00 `
Resolution 06-001 Page 9 of 20
. - , 16) Hoocl
a. Type I $50.00
b. Type II , l Q.00
17) I P Storage tank $10.00
18) Wood or Pellet stove inserl $10.00
19) Wood stove systein - fi-ee standuig $25.00
EVERGY CODE
Fnergy Code Flans check fee is also cstablished to check to mect the requirements of RCW 51-
11 WAC. These are iii addition to the Building Code Fees. lf City inspectors are assigned to
vcrify Energy Plans, the following fees apPly. If an outside encrgy uispeetor is required,
that fee will be determined by !ie outside agcncy.
Residential RcmodeUAciclition $ -0-
- 'New Single Fainily $ -U-
Tena.nt lmprovement
"
A. 0 to 10,000 square fect $35.00
B. 10,00 1 square feet and over . $45.00
C. Multi-Family $60.00 Per building
D. New Commercial aud industrial $90.00 .
OTH:E1213UILnING COllE Fr.F.,S
`J Annual Permit '
Annual Spokane Valley Build'uig Pennits used to:
1) maintain equipment pr buildings, 2) con5truct or remodcl sma.11 areas of asseuibl.y occupancies, or
3) install tents or membraiie structtires
may be available dcpending upon the deternYinfltion of the V8Jl1c1t10I1 of work made by the
Spvkane Vallcy Building OFlicial. Certain record lceeping vld inspection responsibilities shall he
established 'ui a site specific Spokane Valley A-tuiual Permit Agreement. Approach ]'crmit $50.00
Demolition Permit
Single Family lkesidence $44.00
Commercial buildings $125.00
Garage or accessory building associated wit11 a resiclence $20.00
or commcrcial building
Septic tank nr undergeound flanmable tank associated with $10.00 haach
a residence or cottimercial building
;
Farly StKrt Agreeriients (Faundatinns) 25% Of bldg pennit fee
Resolutian 06-00 I . Page 10 of 20
Right-of-Way Qbstruction 1'ermit $70.00
Sign Fees
Nees collected for a sigri permit and a plans check fce for. signs erectcci in accordance witli thc
Sign Code. Thc below fee plus the WSBCC fec of $4.50.
Signs maunted on buildings $45.00
Sign and pole mounting $65.00
Temporary Certificate of Oceupancy $50.00
Washinb on State Buildiog Crade Cauncil (W.S.B.C.C.) Surcharge
A flat fee of $4.50 will be collected on each permit for approved plaus or any other permit that is
issued in accordance with thc Spokane Valley Ruilding Code. EXCEPT: For niulti-family
projects, the fec is $4.50 for t1iE first living unit and $2.00 for each additYOnal unit. The City
Finance DepartmEnt will forward this fee to lhe `'VSBCC on a quartcrly basis.
OTFTCR MISCLLLANEQUS TEES A. For City personnel ' . .
1) Hourly rate set for City Emplnyecs (unless $47.80
otherwise speeified) $5$.00
-2) 4e*Fl5r-tte-f-F pffmit-spee-ia4st $4-2-.00
K-) Qvertime charges 1.5 titttes regular
, rate
13. Hourly rate for contracted services Set according to
cpntract ralc
C. Hourly rate for spccial called inspcctions $47700'
$54.00
D. Mobile home locacion pcrmit aucl inspection
1) Teittporary inobile llome $60.00
2) VlanuFactured home inspection, per section $50.00 *
. E. House Ivloviug Fee
1) Class 1, II, and III - vlovuig pemiit $60.00 ' 2) Class I, II, and III - Inspection fee $60.00 3) Class N(if alreacly permitted by Spokane $-0-
. County or Spokailc City)
* Plus basement/crmvlspace valication permit fee
~**Plus $58.00 4;~O8 per hvur after the ISl haur, ancl S.SOPer mile if ihe builcling to he move.d
into the Cily is outsicle the City limits ;
Resnlutinn 06-001 Page 11 of 20 .
,
~ F. Minimlun I-Iousing Inspection fee $55.00 Plus $58.0047:09
pen cour after ls`
hour
G. `Vork on any structure or building without a pennit iF'
a Spokane Vallcy Periiiit is requircd:
1) Minimum investigative unspection fee $55.00 '
2) Totxil investigativc fee to be eqLjal to the pei-init fee deterrnined for the value of the illegal
work accomplishecl -
H. Special uispectipns (requested by owner or tenant) Fi.re, wind; mud slicle or flood damage $60.00
2) nay Care $60.00
~ 3) \iursing Homes, hospitals, ct al $60.00 Plus $S8.UU47-99
per hour after I st
houu
4) SpecialOccupancies $60.00
~ I. Exccss inspections For a given project created by the $47.00$58.00 Per inspection or re-
developer, o,~vner or contractor inspection
J. Condominiiun conversion plans revic-w/'uispectinn Basec1 on value of
fee project 3nd bidp
code valuation
K. Temporary lents, canopies, a.ud air supportcd structures for public use; inclusive of all tciits
~ for a single event. It docs not apply to lents lcss than 200 sq. ft., canopies less than 400 sq
ft, camping tents, or to tents used fbr private, non com.mercial events,
1) Plans check fee $13.00
2) Basic pernut fee $60.00 .
L. Enclosuig an existing dcck or patio
t) Plans check fee 40% Ofthe basic fee for
plans examinaliori
2) Basic permit fee Based on value of
project; minimum
$3,000
M. Swimming pools (Over 5,000 paUnns) $50.00 Plus plumbina fees
~1. Re-roof Permit: Pce based on the valtie of the peoject. \jo plan review fee will be chargcd unless
plans are submitt:ed for review.
0. Change of Use or Qccupancy Classification permit $47.00 •
P. Tqwers, elevated tan.ks, antenna,s Baseci on value of
project
BIJILll1NG CODF FFE -REFUNll POT.,iCY 'No Yerinit Pee re1'unci is allowed nnce the work has been started. If a refund is requested, thc '
request shxll be addressEd to the Building Official in writing, and shall be received at the
Spokane Vallcy Pernut Center witliui 180 days of the date nf issuance of the pennit. Any fee
rcfiuld requesl received a.fter 1.80 ciays of the dafe oCpermit issuance sliall be denied. Any rei'und
approved shall be limited to 80% of the total Perntit Nee paid. Refunds shall bc liuuted to
~ Building, Plumbing aud Mechanical Permit fees paid to the City of Spnk.ane Valley..
Resolution 06-001 Page 12 of 20 .
Sehedule C - FAtE COU:E
;
FriZE ALAItM, SP12IlYKLER A.ND OTIftC12 PROTLCTION SYSTEMS
Plans check and review fees, inspeckions, and permit for installation of separale fire alarm system
or sprinkler s}7stcm applications, and other fire protection systems.
Fire Alarm System
A. Commercial - permit, plans check ancl inspection $ased on value of
system
B. Residentia.l
1) All rnnes $40.00
2) Pennit Fee $35.00
Sprinkler Systems
A. Tenant unprovements
1) Less than 10 heads $65.00
2) 11 or more heads $85.00 '
B. New systems
' 1) . Com.mercial - permit, plans check and Based on value of
inspectYOn system •
2) R.esidential $60.00 Each riser, nlus $1.10 .
per plugjhead Other Protection Systems
A. rire extinguishing system (other than spruiklers) $50.00 Plus $1.50 per nozzle
B. Standpipe instal.lation
I ) Class I and Class II $58.00
2) Class ID $70.00
.
C. Fire pump installation $55.00
U. Eanergency or standby c•oinmercial power bencrators $55.00
instal.lation
E. Flunmable and cambustible liquids storage tanks
instal l ation
1) a. Undergrouud, lst tazik- $55.00
b. Plus each additional taiilc on same site $35.50
2) a. Above ground tank $55.00
b. Plus cach additional tank on saine site $35.00
3) Annual permit fee far storagE $30.00
. F. Hazardous materials storage tanks installation Per tank
1) Less than 500 gallons $75.00
2) 500 - 1,199 gallons $104.00 .
3) 1,200 gallons or more $147.00
. ~
Resolution 06-001 Page 13 of 20
,
G. Liquefied petroleuin tanks installalion Pcr tFUik
1) Less than 500 gallons $84.00 •
2) 500 - 9,999 ball.ons $104.00
3)10,000 gallons ormor.e $147.00
Gascous oxygen systems installatinn
1) Less than 6,000 cubic feet $78.00 2) 6,000 - 11;999 cubic feet S90.00
3) 12,000 cubic fcet or niore $11$.00
I. IVitrous systems instzllation $95.00 Plus $12.00 each
outlet
J. Medical gas systetins installation
1) Gaseous system $90A0 Plus $12.00 each
- outlet
2) Liquefieci system 595.00 Plus $12.00 each
autlet
K. Hazardous maierial recycling systcm installation .
1} 110 gallons or less per day capacity $95.00
2) Viorc than 110 gallons per day capacit}, $117.00
L. Vapoc recovery system installatian I'er tank
1) Phase I- tank truck and tank $90.00
2) Yhase IT - vchicle fueled and tank $115.00 M. Cryogevic tank iustallation
~ 1) First tank $95.00
2) F_..ach additional tank on same site $35.00 N. 12emoval, abaiidnnment, or any combination thereof,
of flamrnable ar combustible- liquid storage tanks
1) First tank (com.mercial) $84.00
2) Eac-h additional tank on the sanie site . $47.50 .
(cornmcrcial)
3) Contractor's permit for removal or $75.00
abandonment of residential undcr-gound fuel
tanks
O. Fire Depac-t:ment fee for inspections and Follow up. For initial inspeceion, plans check and follow
up inspecl:ions a.s called for in the Nire Code and performed by the fire departmentithe fire •
deparimcnt will be paid 65% of the fec collected for t}ie perniit. Tllis payment will be paid
quarterly.
Resolution 06-001 Page 14 of 20
FIItC F'ATaSE ALARM F'EES Thc follo-vvuig fees are set for repeated malfunctioiurig false alarms in a given six mnnth period.
First alarin No charge
Second alarm ' $30.00
Third alarm $70.00
Fourth alarm $120.00
'
Fifrth and subsequent alanns • Require ahired fire
watch
F1REVVORKS
f ublic display fee* . $100.00 Maxitnum per R.C`V
70.77
#Also requires a perfvrmance borxcl or cash depnsit of S500.00 for cleun up purposes urui a
liability irrsurance policy ofS1,001'),000.00.
PLANS CHECK ANA REV`IEVV ]3Y 1'liE BUREAU OF FIRE PItEVF•N'T°I0N
A. Necv commercial plans check ancl inspection (for projects $40.00
not mentioned elsewhere)
B. Pire watch service $140.00 3 hour min. plus . -hnurly thereafter . . ~
C. Hourly rate $47.00 •
D. rlfier hour inspections, plans review, consult•ations for 1.5 tirnes regular rate
projects that cfo not require a permit, and other special
servi c.cs
.
. Resnlution 06-001 Page 15 of 20
. Schedule D - l'ARKS & RECREATION
ADMYTSTRATME FFES Basie f-ees to be cnnsidercd when applying rates .
Administrative Fee S30.00
Refuse Fee $50.00
AQUATICS .
Pool admission (ase 5 and under) free
1'aol aclmission (age olcicr than 5) $1.00
Pool punch pass (25 swims) $20.00
• NVeekend fa.mily cliseount 1 child under 13 free
with payinD adult
Reservation (less Chan 50 people) $100.00- Per hour*
Tood fee (if applicable) $25.00 .
R.eservation (50 - 100 people) $125.00 Per hour$
Food fee (if applicablc) $50.00
• lteservation (101 - 150 people) $150.00 Per hour$
1=ood fee (i.f applicable) $75.00
*1'lfinirrltent 2 houi•s
Al,COHOT.,IC BEVEKAGT PERAII"1'
tAlcoholic I3everage Permit Pee $10.00
CENTrRPLACE
Confcrence Center `Ving
Auditorium $75.00 Per hour Auditoriiim $450.00 Per day
Auditarium $22$.00 Per half d3y Auditorium w/l'resentatioii System $50.00 Per hour
Auditorium wlPresentstion System $300.00 Per day
Auditoriunl w/Presentation Syslem $150.00 Pcr half day
Auditorium Deposit $50.00
ExECUCivc Conference R.oorn $50.00 Per hour
Executive Conference Room laeposit $50.00
MeeYing Room (Day & Evcning Use) $40.00 Per hour
_ Ivteeting Room $250.00 Per day
tifeeting R.oom $125.00 Per half day
Meeting Room Deposit $50.00
-
Kesolution 06-001 Page 16 of 20
Great Room Kitchen w/Dining Roorn R.ental $100.00 Per use Kitchen - Comxnercial Use (2 hour min.) $50.00 Per hour
Kitchen llepasit ' $50.00
Multi-Use/Qanquet 1-Iall $100.00 Per hour
Mulli-UselBaaquet I4all $$00.00 9 hr session
Mulli-UseBanquet I-Iall . $1,500.00 All day (63m-lam)
Small llining Area $50.00 Per }iour
nepasit $200.00
Stage $20.00 Per section Ner day
' Table Settings (linens R'tableware) $2.00 Per place setting
Senior Center Wing .
i ounge with Divlce Floor $100.00 Per hour
Uunge with Dance rloor $800.00 Per day
Lounge Deposit $200.00
Meeting Room (Eveiiinn Use) $40.00 Per hour
Meeting Room (Evcn.ing Use) $125.00 4 hr sessiQn
Meeti.n; Ronm (Weekend Use) $250.00 Per day
Aleeting Room (Weekend Use) $125.00 Per half day Meeting Room Deposit $50.00 1
1'rivatc Dining Room $50.00 Per hour
Private Dining Room Depqsit $50.00
Wellness Center $100.00 Per hour -
Miscellaneous Cleanup fee . $50-300 1'er event
HosUHostess (after hours) $15.00 Per hour
Presentation System (i.ncludes projeetor/pociium/ $250.00 Per day
DV17/VCR/sound system/camera system)
Room Setup , $25.00 Per hour
Satellite Vicieo Conferencing $250.00 Per hour
Sound System $40.00 Per day
Technical Support $40.00 Per hour
Television/VCR $75.00 Per day
Tauch Pad Voting System $115.00 Base stacinn per day
. +$15.00 1'er keypad per day
EVL,NTS - includes k'avilion Fvents include but are not li.miled to activitics such as car shows, totunaments and activities
involving 200 or more people. '1'he Director of Parks and Recreation will make the fiinal
detezmination.
General C'ec $150.00
Non-prof t applications $80.00 Or frce with .
sponsorship*
*Applications for jornt sponsorship with the City of Sppkane Vulley tivill be consideretl by the -
Spokane Valley Parks ➢epartment.
Resolution 06-001 Pagc 17 of 20
' . .L'.n✓.LLJ RE!\ 1 t1L
Use Fee . $25.00 First hour plus $15
eaeh additional hour
irlnoau usE
Open g}•m adinission $2.00
Playground program admission (10 entries) $20.00
iMII2Ali EAU
Miraneau Springs
Small shelter and waterfall $150.00 IvTiLximum 4 hours
Refundable deposit (less than 200 people) $50.00
Mirabeau Meadows
Shelter (less than 200 people) $80.00
Shelter (200 or more people) - $1 50.00
IZefitndable deposit (less than 200 people) $50.00 .
Refimdable deposit (200 or moee people) $250.00
P[CNIC SHEY.TERS L-J Picnic Shelter (less tihan 200 neople) $30.00
Picnic Shelter (200 or more people) $1.50.00
Refunclable deposit (less than 200 people) $50.00
ReFunclable deposit (200 or more people) $250.00
PROF.F.,SSIQVAL 1'HOTOGRAI'ftX ,
Permit Fec $25.00 Annual
- RECRF_.•ATTQN -
Recreation program fees are set to recaver eosts as specified in t11e Parks and Rcereatioit revenue
policy.
VALLEY A'IISSION AREIYA
Rental* $100.00 Per weekend
Refunclable deposit $50.00
*Renter resportsi$le for on-site preparativn. Rental reqrtires liabiliry irzsuru►ace.
Resoluliou 06-001. Page 18 of 20
Schedule E - ADMI\i'IST:LtATIVE
COPY FEES . Copy of audio tapes, video tapes, photos, maps or otller At cost
records needing reproduction
Copy of wriCten records $0.15 Per page
Copy of fuU documents At cost
07'HE12 ADM7NISTRATIVT FFES
NSF Check $25.00
Resolution 06-001 I'age 19 of 20
Schedule - OTI~:~~2 FEES
Allt7LT FNITER'lA]1'r1VIENT F:E,FS
Establishment Licenscs
Livc Adult EnYertainrnent $1,500.00
Aclult Arcade $1;500.00 Other Adnlt l±,ntertainmcnt Licenses
Adull Arcade Device T icense $150.00
Mana~er I.:icense $150.00
EnCertainer License $150.00
Late License Fec- Charged in addition I:o license fee.
Percent of
Past Due Calenciar Days License 1,"ee
7 - 30 25%
31 - 60 50%
61 and over 75%
BUSINES51tEGISTRATION FEFS
Business registration $13 each year
;\'onprort: registration $ 3 each year
SECURITY FALSE AT..ARNI N"EE.S
R.epeated mal£unctioning securil'y false alarms in a givcn six-month period.
First alai-►n No charge
Second alann $30.00
Third alarm $70.00
Fourth and subsequent alaizns $120.00
STORM WA 1'ER UTIIATY CHA.RGF, ON UEVELOPE•D 1'ARCFL-S
Each single-fainily unit cach year 20.00
AII othcr properties each year 20.00 Per 3,160 square feet
of impervious suiface
TUW OPERATOR ANNUA.T., RL+.GISTR.AT.IQY FEE $100.00
OVrRSI'GED LOAD PE121vIlT FEF $25.00
Resolution 06-001 Paoe 20 of 20
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 10, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending iegislation
AGENDA ITEM TITLE: Enforcement Process and Hearing Examiner Ordinance Amendment
GOVERNING LEGISLATION: SVMC 7.05, 10.30.060, 10.30.150-600, 10.35.150-650 . PREVIOUS COUNCIL ACTION TAKEN: The City Council has passed a number of ordinances
relating to enforcement and the authority of the hearing ezaminer, some of which have been
codified, some of which have not. This information packet identifies numerous changes to
existing ordinances to remove inconsistencies and streamline the enforcement process. The
. information packet further sets forth a new Code Compliance Folicy and Procedures for Council
consideration.
BACKGROUND:
Spokane Valley City Council initially adopted Ordinance 03-53, adopting the Interim Zoning
code, Ordinance 03-083 with respect to nuisances, Ordinance 03-78 which provided enhanced
regulations for abating zoning code violations and finally adopted Ordinance 04-013 regarding
code compliance issues.
These ordinances were codified as SVMC 7.05, SVMC 10.30.060, SVMC 10.30.150-600 and
10.35.150-650. All of these ordinances set forth specific procedures to follow when either a
nuisance was identified or a compliance issued arose, including the process to be followed in an
appeal to the hearing examiner. The procedures set forth were similar but not identical and at
times in conflict. A number of issues were also left unresolved or undefined by the compliance or.dinances
including:
1. The specific role of the Director of Community Development, the Building Official and the -
. City Attorney; •
2. The authority and process to initiate an investigation;
3. The acceptable form of the complaint; 4. The steps a compliance officer may use to investigate possible violations; 5. The procedures to secure evidence for potential litigation;
6. Procedures to follow when considering the entry onto property during emergency and
non-emergency conditions; and
7. Consistency between various necessary forms. '
In order to resolves these issues and eliminate unnecessary duplication and conflict between
existing provisions of the SVMC the following actions may be taken. '
1
1. Adopt Ordinance 06- which repeals chapters 14.406 and 14.412, and amends
sections of chapters 14.402., 14.444, 14.504, 14.512, 14.702, 14.706 and 14.806. This ordinance repeals portions of the interim zoning code relating to administrative appeals ' J
and the hearing examiners authority that are no longer valid and corrects references to
the repealed code provisions.
2. Adopt ordinance 06- which repeals duplicative sections of SVMC 7.05 dealing with
nuisance enforcement and amends specific terms of that ordinance for clarification and
consistency. 3. Adopt ordinance 06- which amends SVMC 10.30.150-600 by amending specific
terms for clarification and consistency, eliminating existing procedures now set forth in
the enforcement policy discussed below, eliminating the "notice of violation° procedure
which was duplicative with the "notice and order" procedure and unworicable if further
' litigation were required, and amending and simplifying the amount and application of
fines.
4. Adopt the attached Code Compliance Policy and Procedure which specifically explains
the investigation procedures to be followed, the steps necessary to enter onto property, the use of voluntary compliance agreements and provides specific forms for
enforcement efforts.
OPTIONS: Request that any or all of the above be placed on the Council's agenda for hearing.
RECOMMENDED ACTION OR MOTION: As determined by the Council.
BUDGET/FINANCIAL IMPACTS: Risk management benefits/reduced liability "
STAFF CONTACT: Mike Connelly, City Attorney ATTAC H M E N TS'
Exhibit A: Proposed Ordinance amending SVMC 10.30.060 and repealing sections of 14.406
and 412 and amending other sections.
Exhibit B: Proposed Ordinance amending and repealing sections of SVMC 7.50.010-200.
Exhibit C: Proposed Ordinance amending and repealing sections of SVMC 10.30.150-600.
Exhibit D: Proposed Enforcement Policy with Attachments.
;
2
CITY Ol+ SPOKANT VALI.TY
' SPOKANE COT7N'TY WA.SHIIYGTON
ORDINANCE NO. OC-
A~v ORDINANCF OF TFiT CI'1 Y OF SYUKANE VALLEY, WASHINGTON,
AIVIEnTDINC Sl'OKANE VALLEY MUN.T.CIYAL CODE SECTI()N 1030.060 AS
FOLLOWS; REYEA_i.,i.n`G CHAPTEI2S 14.406 AND 1.4.412; AMFNllINC
CHAT'TTRS AND SEC'1'I0NS 14.402.1.4A,14.404.Q82(5),14.404.102(2), 1.4.5U4.020,
14.504.040,14.504.060,14.512.000,14.702100(3), 14.706.060, An'll 14.806.080 OT+'
T.HE CITI"S IN`1ERTV1 GOiNING CODE PFK7'A.IlNING f0 ENFqRCENI.Fn`'1'
AiN A.DMIIVISTRATIVF APPEALS, PROVIniNG rOR SEVLRA-RILI'1"Y AND
• AN EFFECTIVE DATF. WIIEREAS, the City adopted Ordinance 03-078 whieh amendecl Interim Zoning
Code Section 14.406 by providing enhanced regulations :for abating Zoning -Code
violations. The City later adopted Ordinance 04-013, which expanded the applicability of
the regulacions originally adopted in Ordinanc;e 03-078 to malce them apply to okher typcs
o,f violatioiLt beyond zoning issues, which was laCer codified as SVMC 10.30.150 -.650.
Tlie prnvisions of Interim Zoning Code Section 14.406.005 through 14.406.660 xelating
to zoning enforcement, codified under SVMC 10.30.060, were never repealed and are in
conYlict with the later-adnpted provisions under SVMC 10.35.150 -.650; and WHFREAS, the Ciq, adopted Ordinance 03-053, which adopted an Interim
'^1 Zoning Code, which was later codi.f:red as SVti1C 10.30.060 - 100; and
'*A'HEREAS, the City's Interun Zoning Code cantains provisions relaling to
procedural requirements for appeals of aclministrative determinations by staff, and for
appeals of detemiinations by the hearing examiner to the Cit}, Council; mid
WHERE AS, thc City also adopted Ord'uiance 03-057 to provide authority c-.nd
direction to the hearing examiner, which was later codified as SVMC 10.35; and
WHFTZLAS, thc City also ad4ptF;ci Ordinance 03-060, whicli adopted by
reference the Spokanc County Applicafian IZeview Procedures For 1'roject Permits as the
City's interim procedures for such actions, which was later codified as 5VMC 10.35.170;
and
W1.1-IaREAS, the Ciry subsequently amended SVMC 10.35.150 through
Orditiance 05-021, ta aclopt specific procedural rcquirements for any appeal of a hearing
examiner decision te the City Council; and
WHERE AS, the provisiocis relat7ng to appeals of adnvnistrative determinations
adopted in 03-053 are in conflict ~vikh the later aciopted prnvisions in 03-060 and 05-021;
and
,
-1-
WMREAS, the City Council now desires to repeal _or amend those previously
adopted provisions i.n Spokane Vallcy Interim Goning Code that conflict with the latcr- ~ ;
adopted pr.ovisions; and W1iE.REAS, thc proposed actiou is exempt from requirements under the Seate
Environmental Pnlicy Act pursuant to WA.C 197-11-800(19)
VVHFRFAS, it is the intent of khe City Cauncil for the City of Spokane Valley to . repeal uitcrim 7oning Code Chapters 14.406 and 14.412, as adapted by S VMC
1030.060, in their cntirety- bccause they conflict ivith later-adopted provisions. Other
pravisions in the City's interim Zoning Code cite lo the appeal provisions that would be
repealed by this action. As such, those other provisions citing to interim Zoning Code
section 14.412 must also bE amended to retlect a new reference to the applicable appeal
provisions adopted by the City in Ordinance 03-060, cociired as SVMC 10.35.170.
NOW THFRErOR.F, die City Council of the City of Spokane Valley; Wasliiuigton,
ordains as follows:
• Section l. Snokane Vallcv Vlunicina) Code section 1030.060. which codifies
the Citv's Interim Goning Code, is aincnded as follows: ~ 1. Rc:ncaline Snokane Vallev Interim Zonins! Code Chapter 14.406.•
Spokane Valley Interim Zoning Code Chapler 14.406, which includes Subsectious 14.406.005 through 14.406.660, is repealed in its entirery.
~ 2. Renealine Soolcane Vallev Intcriin Zoning Code Chanter 14.412.
Spokane Valley Interim "Loning 'Code Chapter 14.412, which includes Subsections
14.412.000 through 14.412.042, is repealed in its entirety. .
~ 3. Amendi.ng Spokane VAllev Interim 7,,onine Codc Section 14.402.140.
The action of thE Hearing EYaminer on azaning map amcndment, pursuant to Scction
14.402.100(1), shall be considered :fuial and c;cwnclusive u.n.less an appeal is filed Aith the
Council under procedures set forth in Section 14.412.042. Upon r.eceipt df any such
appcal, or reqiicst for revieNv, the Council shall at its next regular meeting sel the dAte for
public hearing with notice as prpvided in Section 14.402.160(1) and by the Clerk of the
Council notifying all property owuers and taxpayers within a Cour hundred (400) foat
periphery af the subject site, includi_ng auy access easemenl(s) serving the site, by mail at
least fitteen (15) days prior to the hearing, moreover the Director may cause the action nf
the Hearing Examiner to be rcvietived by the Cnuiicil under procedures set forlh in SVMC
10.35.150-Se ' 14.412.042. Con$ideration of the Council at this hearing shall be "de
novo". Upon conclusion of its hearing, ilie Council may adopt, modify conditians of
approval or cieny the praposed map aanendmenl, and it shall adopt its own findings of fact
and statement setting forth the i"actors considered at the hearing and its own analysis af
findings consiclered by the Council.
-2-
4. Amevding ,Snokane Vsllev Intcrim Zoning Cndc Section
14.404.082(5). The following conditians and requirements pertain to a variance.
,
(5) The I-lcaring Examiner shall make available to all parties of record its dccision, along
with findings of fact and conclusions. The action of the Hea.rino Examiner on a varitince
shall bc considerccl final and conclu,sivc unless an appeal is filed uncler the proceciures set
~ forth in ~ ee6e^ '~.4.412:04? S VMC 10.3 5.170. .
5. AmendinLy Suolcane Vallev Interim Zoniniz Code Scction
14.404.102(2). The H.earing Examincr sha11 make ava.ilablc to all parties of record its
decision, along with findings of fact and conclusions. The action of the Hearing
EYwiner on a conclitional use shall be considered final and conclu.sive uiiless an appeal
is filed with the appropriate body under tlie procedures set forth i.n SVMC 10.35.170
Sestion-1441-?-S4?;
I 6. Amending Snnkane Vallev Interim 7c►ning Cadc Section 14.504.020.
A request for interpretation ot-a zoning map or arterial/road maP by the 17epariment witti
respect lo thc location of any bnundary luie between zon.ing classificalions or speci_fics of
lhe arteriaUroad by any interested citiien or public Qfficial mu.st be made in writing. A
determinaton shall be inade by the Di.ceetor, and the ruling or interpretation shall be
subcuitted in writuig to the person submitting the request. Such interprel:ations or rulings
~ are appealable under the provisions of SVMC 1.0.35.170Section 14.412.041.
7. Amendinfz Spoltanc Vallev Interim Zoniniz Code SecHon 14.504.040.
`--J The following alterations or additions to thc approved site development plans f"or zone
reclassifications, arterial/roacl change or conditional use permits are deemed to be minor
ui nature and may be approved administratively by the Department iF the changes 1ze not
contrary to the adopted findings and conditions:
l. Additions to buildings, provided that thc increa,Se in floor area is less
than ten pe.rcent (10°/u) af tkie tot:al floor area of all buildings on the approved sit:e
development plan and the addition(s) does not exceed allawablc densities of the
tmclerlying zone or requirements govern.ing Uuilding coverage; and/or
2. Minor adjushnents to building or struct«re locations, provided that the
density or intensity af use is not increascd and does not significantly affect adjacent uses;
andlor
3. Changes in parking areas, provided that adopted regulations and
conditions arc met; ancUor
4. Modifications in landscape plans, provided that required percentages of
landscaping or open space are not reduced below those Prescribed in this Cocle or as
approved by the H:earing Examiner; ancl/or
5. Changcs in use far a zone classif cation, provided that documcntation is
submitted that flie impacts and intensity of the proposecl usc are eyual to or less in nature
than the originally approved use or thc surrounding land use as detennined by the Zoning
Aclministrator. -3-
6. The change mcets the ptupose of thc A.rterial/Ftoad Overlay text and
I map and the Gett~ty,-r-t*aer- Fublic Works Director i.ndicates the chazige(s) Nvill meet roadway design and constructioii standards aud will not diminisli the fimction of the
existing or future roadway. Changes to approveci site developmcnt plans other lhan thosc listed above will reqture a
puUlic hEaring before the IIearing Examuicr. A.ny person aggrieved by an interpretation
regardi.ng the five (5) circtunstanc.es listed above may appeal said interprctation tn the
~ Hearing Examiner under geeFion~-4:41-~A4I-SVMC 10.35.170.
~ 8. Amendine Suokane Vallev rnterim Zonine Code Section 14.504.060.
The grankin~ or denyi.n ; of an adininistrative exception pursuant to Chapter 14.506 is an
administeative detennination subject to appeals as specified in SVMC 10.35.170-£eEtkm
14.4 -12-0-4.
~ 9. Amenclini! Snokane Vallev Ynterim Zonint! Codc Section .14.512.000.
Application for the l'ypes of acimuustrative actions described in Chapter 14.500,
_ Administrative Procedures, sball bc made to the lleparlnient on fonns provided ior that
purpose. Any decision by tlie illepartment should be made within thirty (30) days of
i-eceipt of a complete application and may inclucle provisions to mitigale projcet impacts.
• These decisions shall be subject to apPeal to the Hearing Examiner under procedures
~ outliued in SVNIC 1035.170-Sestia~ ^.-~-2:044-.
10. Ainendine Snokanc Vallev Interim 7oninE Code Sectic►n •
1.4.702.100(3). Any person aggrieved by an admuustrative approval or denial of a height `variance by the Planning Dircctor may file an appeal pursuant to SVR9:C 10.35.170
SeGt+Ffj--1-1-4-1-?-A4-1. Notice ni' public hearing shall be as provided for in Section
14.402.140. The dccisinn of the Hearing Esaminer shall be appealable io the superior
court F.OUllsti-pursuant to SVMC 10.35.11 0(A)(11-Seratiex-14.41-2.04?.
11. Amending Snokane Vallev [ntcrim "Loniniz Cude Section
14.706.060(3). The following process shall be used to determine whether or not critical
materials are involved.
a. An initial screening vvill be performed by the Direccnr vf the DesignAted
Taepartment by comparing thc proppsed use, and upon request by said Di.rector, other
pertincnt in.f.ot7nation as provided by the proponent at his/her expense with the Critieal
Materials Activity L.ist. The Director shall exercise any cliscretion in judgment in favor
of Aquifer protcction.
i. If the proposed use is judged to be on thc Critical Materials Activity
Gist, the Director shall notif}, the applicant, i.n writing, that the proposed activity has becn
tentatively dcsignated a Critical Materials Use Activity and shall require t11e applicant to
provide the llepartment with a list of materials, including quantitics, to be used, handled,
stored or transported as associated with the propoted activity. A.dditional inioiniation
shall also be Provided by the proponent at'lus or her expense if requested by the Director.
-4-
ii. After the review of the infortnation supplicd by the applicant, the
Director may confirm tlle designation as a Critical Materials Use Activity Ar nullify tbe
tentativc designation.
iii. 7"he applica.nt may respond by acccpting the designation as a Critical
Materials Use Activity or may appeal, in writing, within iwenty (20) calcndar days, the
dcsignation to the Iiearing Eaaininer, pursuant to the provisions of SVMC 10.35.170
~ e~+rcrt,ci~c~aQ.
S6E?tt(?i 14,41.2.04
aa. The iaOE, the DSHS, and the Spakane Geun4y Re6unal
Health District shall bc notified of all hearing proceEdings, ancl legal acivertising
~ consistenc tivith Sections 14.402.160(1) and 44A4a-.A4-1-SVMC 1035.170 shxll be
accomplished. bb. The Hearing Examiner shall have the authority to request
additional information &om eithcr the appellant or the applicant, as appropriate, and at
their eYpense.
cc. In appeal proceedings, substantial weigllc shall bc given to the
Director's decision.
iv. If the proposed use is not on the List, the 17ircctor niay designatc the
acti<<ity as no involviug critical matcrials or may exercise (v) belpw.
v. If the Tairector- has reason to belicve that, even thought the proPosed LLsc
is unlisted, crilical materials may be involved, the Director shall act to dcsi,gnate the
propASed use as a Critical Materials Use Activity c-ind proceed as in 3(a)(i) abovc. The
Directox may consult wikh sueh pcrsous as may be lppropriate to assist in the
determixiation. The llirector may eventually ciesignate the activity as aC-ritical Materials
~ Use Act:ivity. The process would then prnceed as in 3(a)(ii) above, and ttie applicant may
resp4nd as in 3(a)(11i) above.
vi. If the applicant does not have a specific proposal, the Director shall
rccommend that the action be eonditioned, nr shall so condition a Iicense/pcrmit, wilh the
performance.criteria of Section 14.706.030 for all future uses. Tf conditianed approval is
grantecl, the Director sha11 review and approve the projcct prior to occupancy. . 12. Amendiue Snokane Vallcv interim Zoniniz Code Scctinn
1.4.806.084)(2). The decision of the T)epa-tment regardi.ng xiternative luidscaping shall be
fnal unless an aggrieved pcrson appeals t}iat decision to the Hearing Esam.iner under flie
nrovisions of SVViC 1035.170. rF^^°d,.r° ^,a-4ined= L.
The remainder of the Spokane Valley Inlerim Loning Code is unaffccted by this action.
Section 3. Severabilitv. Tf ai-►y section, subsection, sentcnce or clause of this
chaptcr is for wy reason held to be invalid, such decision shall not affect the validity of
the remaining provisions of tlus chapter. .
Sectinn 4. Cffective ciate. This Ordinance shall be in full force and effect five
dlys after nublication of this Ordinance or a swnuiary thereof occurs in the oHicial
newspaper of the City as provided by law.
-5-
Passed on this day of Feb.ruary, 2006. -
Mayor, Diana Wilhitc
A T"T`EST: City Clerk, Christine I3ainbridge
Approved as To Form: Otlice of the City Attomey
llatc oFPublication:
Effective Date: . ;
-6-
CITY Ol± SPOKANT VAi,LEY
Sl'OKAiNE COUiNTY, NVASHII~7GTON
' 4RDL11ANCE N(). 06-
AN ORllLNANCE O)± TFIC Cl'1"Y OF SPOKANE VALL:FY, VVASIIINGTON,
RTPEALING f1iND EIMTNDING SrCTIOnTS OF THE SPOKAs\`E VALJ..FY
~IiTNICIPAT~ CODF SECTIOTjS 7.05.010-200, SFEC.I:FICALLY AMEiYD G
IN
SECTrOrTS 7.05.020, 03A, 040, OS(1, AND 060, ANU REPEALING SECTIONS
7.05.070, 080, 090,100,1.1.0120,130, 1.40,150,160,170, 180, 190, A\TD 200.
WHEREAS, the City of Spokane Valley adopted Orciinance 03-083 rcgulating nuisance
conditions on public and private property; and
. WHER.FAS, the City of Spokane Vallcy fldoPted Ordinance 04-013 regulating
. compliance with code provisions; and .
WIITREAS, the t-vvo Ordinances were subsequenily codified as SVNIC 7.05.010-200
and SVMC l 0.30.150-600 respectively ; and
VVHEI2EAS, the provisions of thESe ordinances are duPlicative, contain verbiage no
loneer consistent Nvith City of Spokane Valley nrdinances and proccdures and reqture
revisivns to ensure consistency aiid clarity; and
-WHHE I7LAS, the folloving changes are necessary tn protect the health, safety, welfare of
the general publie and the environment;
N10IW, '1'HERFFC>EZC, the City Gowicil of the City of .Spokane Valley, Washington
ordains as folloNvs: Section 1. Spokane Valley Mluucipal Code sections 7.05.010-200 arc liereby amended
~ and repealed as is set forth below.
. 7.05.010 1'urpnse and intent.
'I"hc purpose and intent of ttus chapter is to create and inaintain a safe and hcalthy
environment far the citizens af the Ci.ty by identif.ying and reducing the conditions that
. contribute to injury, illness, devaluatinn of'property, and the incidence of crime chrough
the existe.nce of nuisance conditions on public and private property. (Urd. 03-083 § 1,
2003).
7.05.020 Definitions. "Abate" means to t:ake whatever stcps a.re decmed necessary by the director to
asstweensure that the property complies Nvith applicable nuisance ordinancc requirements.
1
Abatemcnt may include, but is uot limited to, rchabilitation, demolition, removal,
replaccment or repair. ;
.
"City" means the CiCy of Spokane Va11ey, Washington.
"Code comoliancc of:Fic.er" means a reaular or soecialhr commissioned officer so
designated bv
the directnr of commujutv devclonment for thc Citv.
"Days" will be counted as business days -whcn five ar fewer days are allowed to do an act
. required by this chapter. "llays" will be corisidered calendar days when more than five
days are allowed to do an act required by this chapter.
"I7eterm.ination of comPliance" means a written statement from the director that the
director has reviewed evidcnce to determine that the violation(s) has bcen sufficiently
abated as lo the nuisance 'vialation(s) stated in thc voluntary compliance agreement;
notie° ^'olaTTen; or notice and order.
"]7irector" meaus the commututy development director for Spokane Valley, or hislher
dcsignee. .
"Found in violarion" means tliat:
~ 1. A eitatieia e notice anci order has been issued and not ti_mely appcaled; . '
2. E1 voluntary compliance agreement has been entered i.ntn; or 3. The hearing exanuner has detexnuned that the vinlation has occurred and such
-determination has not been sCayed or reverseci on appeal.
"I-iearing examiner" mcans the City of SpAkane Valley hearing exiuniner, as provided by
' Chapter 10.35 SVMC as adoDted or hereafter amendeci.
"Imuound." for the numoses 4F th.is chapter, means to talce ancl hold a vehicle in leRal
custodv.
"1~iopcrable" nieans incaqable af beine operated ]es:allv on a nublic hip-hwav. includiug.
but not linuted to. not havuiiz a valid, current reeistration Alate or current certificatE of
reQistratiOn.
"Juiik vEhicle" meuis a vehicle substanfiiallv meetulg at least three of the Follo~Nrina
criteiia:
A. Is th:ree vears old or older;
B. Is extensivelv danarzed, such daniaize includinp- but not limited to anv oE the
foJlowiap_: a broken wiudow or wiudshield. or missing wheels, tires. mntor. or
transrriissian:
. 2
C. Is annarentlv iuonerable;
' D. )=Cas an annroximate fa.ir marlcet value'eaual onlv to the aunroximate valuE of
the scran in it.
"viitigate" means ta take nieasures, subject to City approval, to minimize the harinful
cffects of
the nuisance violation where remediaeion is either impossible or unrcasonably
btirdens4me.
`'1luisance" means the unre7sonable or unlawful use by a person, of real or personal
property, or the un.reasonable, indecent or unla~xfid personal conduct which materially
interfcres «rith or jeopardizes the health, safety, prosperity, quiet enjoyment of prdperty
or welfare of others; offentis common deceney or public morality, or obstructs or
' interferes Nvith the free use of public ways, places or bodies ef water.
"Person" meaus any individual, associltian, partnership, cnrporation or legal entity,
public or private, and the agents and assigns of'such individual, association, partnership;
corporation or legal entiry.
"Person responsible for a nuisance violztion" means thc person who causcd the violation,
if that can be decermuied, and/or the oNvner, lessor, fenant or othcr per.son entitled to
. control, use andlor occupancy of ttie property %vhere the nuisance violation occurs.
"Persan(s) resnonsible fvr a iunk vehicle nuisance violation" means:
A. Thc land owner where the iunk vehiclc is located as showr.n on the last
eaudlized assessment roll; and
B. The last reaistered wmier of the vetucle. unless the owner in the transf'er of
ow-nership of thc vehiclc has comolied witll RCW 46.12.101: anci
' C. The letal owncr of the vchiCle.
"R.emedia.le" means to restore a site to a ennclition wlueh does not pose a probable threat
to the general public health, safety or Nvelfa.re.
"Vehicle," for the nurnoses of SVNiC 7.05.040(R), includes everv clevice cabable of
beinQ moved unon a public hiehwav and in, unen, or bv which. anv nersoras or vronertv is
or mav be transnorted or drami tinon a nublic lliuhwav. incladirip- bicvcles. The term does not include devices cather than bicvcles moved by human oe anima oowEr or u.sed
esclusively unpn stationarv ra.il:s or tracks. as set fUrth in RCW 46.04.670.. (Ord. 03-083 §
2, 2003: Ord. 04-009 S 2. 2004: Orci_ 03-067 6 2. 2003).
7A5.030 Euforcement, authority and administration.
A. In order ta discourage public nuismICes and othenvise promote c;ompliance with
applicable nuisance ordinance provisions, the director may, in response lo ficld
( observations nz reliabl.e complaints; determine that nuisance ordinancc violations have
3
occurrecl or are occurring, aud may urilizE anv of. khc enforceuicnt nrovisions contained in ~
SVVIC 10.30.= J
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J13. The director is authorized to detennine, based upon past coinplaints regarding a
property; subsequent 5eld investigations, and other relevant criteria, whettler a complaint
is r.eliable. If the director detennines a complaint is not reliable, the director is not
obligated tn conduct a field invcstigation. (Ord. 03-083 § 3, 2003).
7.05.044Nuisances prohibitcd.
No person; f rm, or cntity shall erect, contrive, causc, conrinue, maintain, or permit to exist any public nuisanccs widiui the Cily. Prohibited public nuisa.nces include, but arc
nAt limited to:
. A. Vegetatipn.
1. Overhangiug limbs or branches that are less than eight fect above a public
waLkNvay or sidewalk; or less tllan 1.4 feet abovc a public street.
2. Vege[aEion I:hat obstructs or hinders l'he use of any public walkway, siclewalk,
oc street, or that obstructs or obscures lhe vicw of tra.ffic or traffie eantrol devices,
pursuant to clear-view triangle policies adqnted bv the Ci slane
-Val4e3-pt-40'c w ~rks-dtre$ter-. 3. Any growth of noYious weeds or any toxic vegetation sh111 be subject to
Chaptcr 16-750 WA.C as eLu-rently adopted aiid her.eafler amende_d.
B. T3uildings, Stilictures, Fences. , -
1. Buildings or portions thereof which are deerned dangerous by the Spokane
Vallcy building code (currently adopted Uniform Code for the Abatement of Dangerous
13uildings); provided, lhat such conditions or defects cxist to the eYtent thal the life, health, property ar safety of the public or the structure's occupairts is endangereci.
i" •
•
5
2. Any fence that obstructs or obscures the view of traffic or traffic control
devices, pursuant to clear-view triangle policies adopted bv the Citv.ffeffiitlgated-11j-+~e ..j
4ok-affz Yal4 cter
C. S.idewalks.
1. Any protrusiou, awning, or overhang thal iuhibits or obstrucis use of a public
Nvalkway or sidewalk.
2. My object, construction, or damage that inhibits or obstructs the surCace use of
a public walktivay or sidewalk. 3. Snow or ice nol removcci froin a public sidEwalk vvithin a reasouable time.
4. Acciunulatians of dirt or debris not removed from a public sidewal.k.
D. Unauthorizeci Signs. Anv sign riot ui comoliance with the Citv's currcntlv adoptcd
si,n code.
A l~ii--~iiiia•tl•caYn"vr"zr'.r°+ci-$f~~I•1.".1" a.r1r_irnn .»-a tl..,t .J: ..1 ~
~ .aJ~ LtSl"Tb'TVfZ7Gl! ..tp
J-c
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way to "i''"==:xvIi-i cri@@-
E. Buildi_nD and Constructian Materials. Accumulations, stacks, or piles of building or
~ construction materials not associated with a current; in _progress project including metal,
wo4d, w-ire, electrical or plumbing materials in disarray or exposcd to the element;s on the ~
property. I'his Frovision cioes not apply to a designated cantractor's yard, as defined in
Chapter 14300 of thc Spokane County zoning code.
P. x'ire I-Iazards. Stacks or accumulations of newspapers, dead vegetation (excluding
pcoperly maintauicd compost piles), cardboard, or other papcr, cloth, or wooci products
left in a matiner that could pase a substantial risk af cornbustion or the spread of fire.
G. Toxic or CatLStic Substances. linproper storing or keeping of any toxic, flammable, or
caustic ~
substances or niaterials. H. Smoke, Soot, or Odors. The escaping •or emitting of any unnecessary or harmful
smoke, soot, fumes, or gases or odors offensivc or harmful to persons of ordinary
scnsibilities.
1. Bodies of 1Vater.
1. Fxcept for City-approved structures rclated to storm drainage systems, all
stagnant, pooled watier in which mosquitoes, flics or otlier insects may multiply.
2. I'he polluting of any watervvay, well, or body of water not subject to the
~ jurisdic;tion of the Spokane f-ReSional hHealth d.District.
6
J. Garbage, Recyclables, Compost, and Tnfcstations.
~ 1. Crarbage not kePt in a proper receptacle Nvilh a tiglit-f lting lid.
2. A.ccumiilations of broken or neglected items, litter, salvage materials, and junl:
not in an approveci enclosed structure, in the front, back, or side yards of the property.
Recyclables not properly stored and regulaxly disposed of.
4. Creating or maintauZing acctunulations of matter, including foocisriiffs, that
harbor or are an a-ttraction for the inf'estation of insects or vermin; failing lo elimuiate
such infesYations; or lailing to elimi.nate intrusive insccts.
K. Furniture and Applianccs.
, l. All broken or discarded hausehold furniture, furzushings or equipment, or any
, applia.nces not in an apProved enclosed stnichire, i.n the front, side, or back yard of a
property.
2. t111 accessiblc refrigeration appliances not having the doors secured oz
remnvetl, Qr any enclosure that can entrap huma.ns or animals.
L. H.oles, Pits, ancl Excavations. All tuicovered holes; pits, or excavations not marked or
guardeci that are in excess of 10 or more inchcs in wicith at tlie top and fotir feet or more
in depth.
M. Machinery and Equipmenl. Broken, inoperable, accumulations of, or parts of
~ machinery or equipment not in an approved enclosed structure, in the front, baclc, or side
yar.ds of the property. '1'fus section excludes nuisance vehicles that are regulated by .
~ G#:mpter-SVNIC 7.4-805.040lR~ SVN4G.
N. Attractive Nuisances.•t1iiy accessible ath-active nuisance to children including; but not
limited to; unzttencied maclunery or eqiupmenl, unsecured abandoned or vacant
buildings, open and unatlendcd velucle trunks, or other tulguarded conditions ar
situations that could injurc or trap a child.
0. Noise.
1. Any noise or sound that intrudes into the property of another person that
exceeds thc maximum pecnussible noise levels as established in WAC 173-60-040, as
currently adopted and hereal'ter amended.
2. The Irequent, repelitive or continuUUS sounding af any horn or siren anached to
a motor vehiele, except as a warning of danger or as speciFcally pernutted hy law.
3. "I'he creation of frequent, repetitive or continuous sounds in co►uiectinu with the
starting, operation, repair, rebuilding or testuig of: any motUr vehiclc; motorcycle, off-
highway velucle or intemal combustion engine within a residential zone, so as to
un.rea.sonably disturb or interfere with the peace and comfort of owners or
possessors of real prQperty. 4. The noisy operation of miy automobile, truck, motorcycle ox other vehicle in
such a naricmergency manner to cause ttie squealing of tires by the rapid acceleration of
7
the vehicle; the loud aiid continuous grinding, thumping or grading noises from trucks or
other commercial vehiclcs; the euginc compression noise from the unmuffled or p4orly
muf#led compression braking of trucks; the sound from any motor vehicle audio sound
system such as tape players, radios, and compact disc players at volumes so as to bc
audible greater than SO .feet from the vehiclc itself; and loud, excessive engi.ne or eYhaust
noise from unmuffled vehicles or vehicles operating with inadequate muffier s}°stems to
prevent unreasonably loud noises.
P. Dust. I7isturbing the topsoil of any land area, or permitti.ug the swre, by any person
withouC takuig affirruative measures to suppress and minimi~.e the blowing and scattering
of dust so as to unreasonably disturb or interfere with the peace and comfort oF owners or
possessors of real progerty. This provision does .not include permitted agricultural
acrivities as lebal nonconforming uses or permitted agricultural activities in Gcneral
Agriculturzl zones. " Q. Nuisancc Premises. Any preinises or structurES allowing or mainfaining prostilution,
lewd behavior, underage consumpkion of alcohol, the harbori_ng of juvenile runaways or
wanted persons, or Nvherc there is the use, sale, manullacturing or disteibuting of any
• narcotic or controllcd subslance, or al wluch there is a pattern ef criminal activity, arE
prohibited nuisances. (Ord. 03-083 § 4, 2003).
R. A.11 iunk vehicles, or parts Hiereof, olaced. stored or nennittcd to be locatcd on nrivate
property writhin the Cily linuts are nublic nuisances to bc abatecl as provided in tbis _
' cliapter. (Ord. 04-009 ~ 3, 2004; Ord. 03-067 ~ 3, 2003). ~ .
This cliauter doES not anplv to:
a. A velucle or part tllereof that is completelv encloscd withui a buildine, i.n
a lawful manner where ic is not visible from the screet or other public or brivaie nropertv; b. A vehicle or nart tht;renf that is stored or naa•ked in a lawful manner qn
pnvate DCOqerly in connection ~),ritti the business of a licensed dismantler or licensed
vehicle dealer, and is fenceci accordinp- to the nr.ovisions or RCW 46.80.130;
c. A iunk velucle daes not include a vehicle which is in the nrocess of
beinp- renaired, as evideiic•ed bv the 2ood faith efforts of the velucle o"mer. This
cYCCntion shall include havine un to ouc "barts" velucle. from which naMS aie bcinia
salvat-yed cQncur.rent with the repair Drocess .for the vehiclc beinL, exccntetl fifrom
comoliance in this section. CTood faith efforts of reqair can include tiroducina invoices
shawing work or parts nurchased 1~ar repair or rennvation within 30 dlvs Drior to issuance
nf the notice of violation. or a declaration undcr nenaltv of pcriurv 11iat the vehi.cle is in
the Uroccss o.f being repaireci atid has been worked on within 30 davs tirior to issuan.r+e of
the nUtice of violation. This eaceptioil allaws up to 60 davs -for good iaith repair. Unon .
eood cause shAvvn, the directAr shall have the discretion to arairt one additional *6Q-dav
exception neriod to tlus chanter. Under no circumstanc:e shall anv Uood faith efi'''orts of -
renair e,ctend for more than.120 davs, after «hich time this exccation shall no lonraer '
8
apnlv. Tliis exceotinn shall aDnlv to nne vchicle and one Aarfs vehicle ner. narcel of land
n£r calendar vcxr.
cl. There sha11 be allowed as excentions Co ttus clia-nter un to nvo iunk
velucles in UR-3.5 aiid UK-7 zones, so lono- as thev are comnletelv sip-htscreened hv
mainta.ined 1'vpe T. or II landscanine, a rnaintained landseancd berm. or fencinQ. °L"tiDes I
and [I lanclseapula are desc:ribed in Sbokane Getint-, Vallev Tnterim -z7cminQ ECode
SECiion 14.806.060. Junk vehicles allowed bv 11us excentioii are restricted to oul>> thE '
UR-3.5 and i3R-7 zones. lOrd. 04-009 & 4. 2004; Ord. 03-067 & 4, 20031.
7.05.050 In iti.ll lIIVestigation.
~ A. Upon receiat of a comalavitF-,-.keept-~rne~~gefiafl~nise-Ean+p4ai-n~t~s,
field vcrification slioula be made iF possible prior to, concurrent with, or. shortly a:fler
notifying the person responsible for the nuisance violltion ar alleged miisance violation.
bew-44,k-ease-cei:n1~~~-k~ D „ the-per~an(-S)
«t,
-iaf332E@-vt9lEl"n=Ph@-4@c~fre
vrr~rvt
f8S x~--«-r~-cri2 33it
eeeua-ed-,but-s-r~e*~~o to eentaat-he-pgr•scaft
i-ss d•ifl-,4~e4t~~
B. A.dvising interestcd parCies of receipt of complaint and/or field investigation:
1. The pcrson responsible For the nuisance violation shoulci be advised of any
complaint; by personal contacl, phone, Postiiig aiid mail (return receipt requested). The
~
leCter sfioulcl sfiatc that a violation mav have Qccurred, but has iiot becn verified, aiid
should ask the recinient to contact the nersan issuinp- the lette.r.
2. The complainant should be contacted by phone and, if possible, in person
during lhe field visit. .
C. The directnr will record all violations in a database systcm, inc;luding a list of all
actions taken on the complaint.
D. 7"o the e~tent possible, tlie di.rector sball check t11e City's recorcls -uld the records of
oilier agencies for previous violations on the site of the alleged violation or by the o,,xqier qr occupant of the siCe or such other person as may be responsible for the nuisance
violation.
E. Staff uiidertakin; f eld iu~~esti~ations shall comply Nvith tlle provisions o(~ this cl~apter
r.egarding right of entry. (Ord. 03-083 § 5, 2003).
7.05.060 Proccdures when probahle nuisance violation is identified.
A. The ciircetor shall deternline, based upon in:f:ormatinn cierived from soucces sue11 as
field observations, the statements of witnesses, relevanf documents and data systems for
trac.k.ing violations aiid applicable Ciry codes and regulations, whefher or not a nuisance
violaticm has occurred. As soon as the director has reasonable cause to determine that a
9
violation has occui°rcd, he or she shall document the violation and promptly notify the
person(s) responsible for the nuisance violation. . ;
B. Excepl as provided in subsection D of th.is sectipn, a warning shall be issued verbally
or in ~vriting protnptly whcn a ficld inspection revcals a violation, or as soon as the
director otherwise
determines a nuisance violation has occurred. The warning shall i.nform the person
deterrnined to be responsiblc for a nuisance violation Af the violation and allow the
person an apportiuiity to correct it 4r enter into a voluntary compliance agreement as
provided for by this chapter. Verbal warnings shall b.e loggcd and followed up with a
%A7itten warning within five days, and the site shall be ze-inspected within 14 days.
C. The guidelines set forth for warnings, notifications and re-inspections are not
jurisdictional, and failur.e to meet them in any particular case shall not affeet the City's
authority to enforce iluisance provisions with regard to that case.
D. No -vvarning nEed be issued in cmergencies, repeat violation cases, cases that are
already subjcct to a voluntary compliance agrecment, cases where the violation creatcs,
ar ha.s crcateri, a sihiation or eondition that is not likely ta be corrected within 72 hours, or -v%,hen the person responsible for the nuisance violation lcnows, or reasonably should
have known, that the action was a nuisance violation.
E. Notice anci orders should be issued in all cases whcre the director deterntines that the
violation is wnlil:ely to be fully corrected within 72 hnurs. '
F. The director shall use all reasonable means to determine the person actually
responsiblc for the nuisance violation occurring when the properry ovvner has not direclly
or uidirectly caused the violation.
G. If the violation is not carrected, the director shall titi.lize the cnforcement Drovisions
contained in SVMC 10.30 as adanted ar hereafter amended to abtain comnliance Nvith the
annlicable code nrovisions.. :,r ° v^',i"+^F.. affe-e^i°n
~-E~a-~i-@~1.2at,•rrncuiicnrl'•,rr~-flic-~;'an-~ ~ ^-~-r,=°cF-siivikkl-be4SSl3@(G. det~eG~-6€
v•kOlat3~y
be-1S5u@d4fflfBediatel!, -~E3~-
H. All complainants will be asked by staff at the time the complaint is filed whether they
wish to be kept advised of enforceinent efforts. Any complainaut who provides a mailing
address and requests to be kept advised of enforcement e:fi'orts should bc mailed a copy of
all written waznings, voluntacy cUmpliance agcements, ' s; and notice
and orders issucd by the director wifh regard lo the alleged vialation. Any complainant
may appeal a determination of nuisance ordinance compliance issued by the director
I Pursuant to SVMC.q-45-4-9010.30.560. (Ord. 43-083 § 6, 2003).
.
10
7-'1`uaYtYf'trf. W2YPine•,e • tiie 4~~..t n .;nnn~e vielatien as-eeGuttG"
• t ~A~ rt,~_. ~t~~ j^~~r~~
- ~E~-pe~r. ~eElfri.i1 . Hfl~astcig--crr~v.:ivl•1 .
the; ~ee,-viellat-ion, tl3e4' ,ee
~~ccp~orcc:-.
e°~uc~cr+~a-p Fei~e~ t
-r~t~y-~~~a~ae--~t,~ee~e~z ~~y-~~~~r•~el-i~~-ti~e--a-~er
%:eflE Or-~ep-an! '3efore-a~~s-dGddeu~rrt-te SN'MC 7-944-98;
' Upojt-eaEer-ing H~o-€i-eltintai:}~compbasee-ageement-,-~-en-respeasibje -for-
a alliSaASe-v3okal4en wai-vas-€r'~~.~~Q~~~•~r'tg~i~e#~-a{~per', •~~„~;~r~~~c~F~i~s
tYYEtCC~~ .Jo -ora 'n ttl .vVltlt~t'I-6a-:.y.l: y•~ °e~,~~e..i+ nfet! n.~~
e-et~sE~te~~-~tr~S~e-ui4~ati~r
.3. -Chcveluntaij, Gem,~l~~~~-~r-e~~s~FS}~~~- -asonab4e
tii:rz, lay-~he-difec=4ef-.An-aAe&tsien e,~ the-timo
i•:. ..f Il.e ea n4:.rn ne.icY~.i1~II2Li,J
14MI-fer ~~vr~~~r r•ci~vi.~jianee, i.i1Wnny
~
. gi•~.,•°,-~rke-di-r-eeEer- -ter-so~-i-5 p ons j'Imle-€e-,ztt__aaGe,,,Aelatiex-as-she~tq-dtae .
diNi-genEe er----stcbstai~~~l pfe&g--i. -eer•fee-tkitAe-uEOMen, btit-eireu~-rstimees fende
ffil.1 and timd-j sompkanee-uiWef-~4giBfl1 eenditiens-ua-i-eable:--An~--saet
*~,v ersea(o
b
wh9-SignQd4h2 vF}lllkFltftFy~~Eigi'czi ^cz,i~ii,u .
4--z~° •,c-vcrl'cniiEff-y-CiAn i.anee °8 • . . eHtE~n'Ft"eil-1Gjot-
~ r,.,.tb„l.. .,t., efne~n~ by-tze
pefsen( p
~ m-nnc• tn n~
s)-resP~}~.~j''"~ e f- a n~nGeVielEtkien --M - v~tlt~i stif•~-ger-seMEs, ~b ate-t~e
~lv~^~vir, 'ccmv°dlate-+ei °.it °~e, zr--fl'Htlgate th&-tmp'ei~It9-944-I]eQ`~'-- i- ~ ..nlm.,...~nma~r t
T!~iv° - vvT
ePAIIp1~~e~ee~e~, ShaKinektde-1#~WevAf igi. .
T-~e iianie-and re% o~re-~er•setl-£espensrble4or,.ho
'rt ic iza•mi=T-or-~her-ideRt?1-fi~~lAt3-of4tiei-eritK~R-af-the •-.qviacioR; ' 2 . ~ticicii^°-r''.v^i~2-,P • . . . ~ .
,VtiCzh _ Zd;
. ~ . Aess~t2(~i•re~~l° ~.Ey-CieEr~EGt;=siazi va-to-bFf-tµTe;;-ai~~deHt~eattel1
(+khE-dt'ite-@Ft-li-3y-whieh-E6mj34c'i-T3G6-lTii.3$~~}e-E81-1~}pl6,8~ The-pef-sf)23-F23pa :i.i.. .r ,he b' f3t-the on4er th2
~i'-F~~B 4,%-fflid
impeat 4,he~~ -wi-*n=the Y;~antar-y .
aempliam-a
5. T'~-~„at a ei,,;i4 pefiaRy in the fuiieuflt 9 . pesed ptir-stiant -!o
'-8~4A{~t-un.tary-eemplimalee-a~Tee,. :s .,et ,,.,+;s,'red;
i. :,.'~~f72nYl7t'YtC~~~'~i4 ~1'n4 :r t~~e~ ~i.~c~nl•n.~ r~nform.~eJ'_i~~"ilLii-t].~e Cncf81ttlG
ma~6thout-isssuifig a neti~o
. . cisa~.'~~II by tl.:rv n~.nr~'ror~ n~c
Pfope Fty) pa4nkm numt.+ar-y-abateffiei7'Ca-til'ICvielation'j'e~nd-ascenn /-l.ea nnnfc +ri8t11'1'CFY
I1
~ nte rl~ , ..I..t;et~ neI,..a' «ensnnnl.1e lob~.E,l
r.fees-isieStS;
.~~3C~~VWY~~pznt n .,1+. ;c ncc.nr~..7' .a if n$~l~~.
„ b..,.... .tisticz itiiu- - f
fe rantnr ..1~r the-
PfeT"' 'aJ3~er•e-t~ 'r~
Arr41.d ' ,t ,t,.,t +►,e l.e icn
• vvza i68 - '1~~ii~'2 . 'ipF~' &tt~er` ~u■v=~'.iur
gc~ss~r'. ~~ea-o~~~~-~essi.le-€or-the-ntis°„=ree-viemz~air
9: t~hS .
a gf eef neat-z#~ pei sOn Fe5pexsib~e ~anse vielatten ther&-;. .~•~s-~~
the-cendo«-~~.~sefibed if] the-veluntw-~ ~~phanes zgreemw- -ed --aH4
eeflAitated a iimuj st~aaEl-1-6: ,A_n-aOllenc~e~ei~et~t pea:9
1941
~S . iela"p urA8r-or,..,at th..* t,.~ ~t,t,rr •riv~
_ ~b
s~edl•~-~ e~-e~is.° ~~~-€eF-any-4ehaEieti-fdenfiifA d
veWtttm-y-eeffffAie,ase-aj,.~~.-n°.~.. c-+I►c -4ght-to-aEb:n-i-rasErai-ve1y appeal-any
sUeh-fietise-a:~ Nielation-or-~e-ca~~d or-def:, and-a.. at ~;e ei: sae-4;s-l~newil3gbr:
velua! ifi4-J --a .~'2~'~t@~~)' '~I:..~; '_e~~ tl, _ _ _io=--- "l:r:v
•
G. 'att'GEe te 4MFaLf-f[~' -
1 r,r+ho to
&m °---ivi~f~-c=•,^•~rccc-uiz3-iaet-beeT3-gr-&t3ted-4.h~ ,i; cr~,-~-cvcvi...ri.ifiY-BEItE,'F-t-le pfepBFty and
. ea~a~~a~&-'v4.-1k.-1E;,ea-in-aseer-dafiee-with-the-pr-avisi~s-ef l~,=vehajtar-y
:;HH3~~33AEE,'--~e~ld3@I~T• n pPxSSn-rc.~,~.i..,..:L.le-~FN=E~~-ffl32(3e-miiy' ':.ith0t1t -
beliig-t5st!@~-c^c-ftvr~'rC-e (ef-i6lkti6ii-0f.t2A , • .
ametrs,*-e-` $2-58-90; .1-.k. e-Eit), te pur~t-te eempkftaee-and-ts ~ .
abate -te vielatieii:-1'~nak+es-~s~pesed ~uhefi--a vel~R",--EeinplianeeagEeemerrrt-i•s
Bet-+Het-ac-~tr~ :~i-e-E~ate-th~eea-ot-~pFesed~i~-Ralke-e#~rcefnpliafiee
iel~tiAn-ar ~~c~n ri. 1,., L.e a°." r-ri --c~i-~rcdvi ~ ric°zriz--i ac°.~sisiv°-in
"efiiea£ wx4S 8nEei-ed ifitA !•f4hei-; g~36i3-Ui~9~}aiad
''-n. "'"~;e-6reste~'-ay IS-9'Ue-a-net-"Ze-e~ N"al-atien-ea net,,.e .,.,a F.,:l,...o
s3e$t-thL emplianse ageemeat.. , ~
7,8-5-459 Eltiiefl-ce
A:-~th~; . ~"I~~~ti~~c~ - e ~
rl,.~t ....~..1+l~o a; e*~
>
~~l-asses~. .menat~F~--~~y -tg-the-a~ra~ef-3-50-U~-~a-at~r"ele
Fnr ~v~--m'~SF3F1`~~,°---`di'"iisizOi3. A ..r:.. ~.F , C-tSS1~-ck~-e~f'l~•r•n "rrcv-C~
.~.«1
dir-eefl7YFeeeiTes fided . eri'finat.r... thn tr.l: Cabaequen"empla• I~F1C
trnntod nnm..i...•.+n f8~PiifPE.r.an .-.f-[. , .tib
)
EOi33plaNRts shaJ4-H~t-6on5~.~-9~amte vieM0i3-tEl-wh1ch d3e--p6£2c'31r;ec• oF 4.:s4rapter-
apply-
B-[~e-t: .
12
Se'"ia-ir-cc°vio:-r'""ar~'i"f;•,•, fl,••r ,;.,ln.~l{~~
• ~ = OLZ.-cir-fcc md4'lilt4138-HE3m@ S T af3}1 T8S • ^v 4'zrJrvi"vi~~~E~-fi~}k5a?ic^'c-P~rc ~3QCi-
, ~-,-i
- - '?-~1 i~~e ~i~--a-~tcaisai~eVte~t-ie~-~e
4y, ai'v: „i,:eS-pi'zil3 i
2£~-~Suusccerv
~~trs.rseccs~r~e
4 Vtvl.,r:..,, rl,.,ll 23'ui i-pisJ=-c~i@-61-tFl~
fi'
penelfi2c wssessed8-d"s-ef-~#e-Wtt° e^ee-ef-the
er itppeal-ttie-fle~ic-~-a~ufel~ie~~~sir~~~te-~l-ie-~r~ae~r~s-i-~-S~M~~.~.
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4~S-a-j9eES0E:
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a~-'. ~er-se~~~st"ne-~er~~~sanc-e-v-i~~~~kre~, ^~~-:z~ , „~;~e „f ~k~e
~iel-at~t:. es;*, .,r c,.ok,,ae-V-edley-,
#3c~` si-A'~--et]iki-s-aS:rtC'~558~~~FOj~";•,+°•c-m:cc-i"-`cb`i"ri-n6,94-rs-
l. Tnn-~~...i . r.ni~:n V.6lati ' e~~'~'}T~ttsCh ~ ' •
~•s~~r° far- a nutsainee-vielatti-en--suar•tt-t-e
W. s 2hapter.- ,
F ~-l,d ~.,ll~,i ~zu f•,, .
.-E$F?t@ FSf}-~-~3e .,~,c-nvric"~-crr:-`•t{l~fi~t@iis~ --1.}G~l1{~0 ~ I1
..i vi u... ..v.v. ab i,uviu~ucrvar.
1. ~~-rn"--^aaciiv°S ~ W.efl -~@G~HR-O~-t~'1 E3-13 •:~•1. 'rkOI2~
.
2-.A icb^m"ea^vrl~tp0iref th2@peA"-vi--E~eSpalane«~v`c-p£if-eel
•=z-~.~;~~~o~-es~t~e~er-~s-~oe~~~~a6r-i•pt3otrt~k:..~ att-le
propert)*• somnto.])-tised. Joealers; 3--.A-st-atesent-that tho-d: ~°,.T~vr- has-flotind-t-he-Ramed-paFsott(s)-te have sem. xrr~tEed
ea , i.,.:aF~iose ..f;, ,.r• tho
of u'ze-speeifie-pi--owsio., ,.f d,., „hnptetL-fliat was-a=-;-s-being
*EOkateEl
_.i~ f4nn +1
l. n+v 1~]y nt 1 ~ n~l' @
.'St ~~Pi-l•16ciac ~-~~~~iv nn
i~c~rca-cc-~4 ccr~rcirun'~nr-cri`clt--a
u
i3tlisr~fi2C-E' .':f?~s"~tkv.~ 1.., r.~..,,•,-v~:uci--i~~: ri~°,~.1 S.F3bje61•--tOa eW-Il
. . . -~~~'3E-Ai~fl~tE3~-C~~~3~-~i•iit~@".,1asS6SSf?E~l-tl,.,r . t .,('fhO
ea fbuAd-to-ba-respow%b1-4or- t►-RE~sanGe
\4e er-duty fio eerT-eeH;he ^la,.:
pena4ies-er efl3er-cost-~sse&sff~enz;-issited ptif-seianl=tr)-t~ris-cliapt°~~.~~•'4raE
perrall~• mus~~~patd wilhtn-'_.I(1-da•.~~ ,T~Tol-'appea~ed pufst_,mt-te-~-4C' 7.05.19o;
A ~*~.~fnerat„f t-eon~(5t~ade-sF abatement aotieti-~e~c~-be4a1Een;
„
9 A ~~,.f~.,+ ~a. t~.,a,:
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~f5~t~1G@-4ffho ..,,t'oo lQlEifiBH;
F~,F,1+..+70
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t#a tefq-3ey-f• mi~erYx~a~t~-~~e
'7 I)C 1-O8: .
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n. (r~7.G~7FiginalIl~+.inc. n.~,.:..~n1• ..c~ ;c.n .1 o n ;
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dirF,'et93'-tS-3u}i9F1zed ° -c~1~~~8~~A-~--~38F ~~J S OH~}~}4~~0f-~~-i-tit2S&3~~8
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sendit'tens on• c ~H~tex~et~tpl~i•~~1~"4featef~-a-,i-t3ew-eeffiplait+S-fHf-Eke .
PUrp^°o es ef-t-"1-u-ee-e#a ae~iae-e~~tieffis-aet ~~teR-pfeeedem-Ee
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0f
. 82i3t2f~-~H--the
, difeeteF sifte e -thei3otiEe-e~~ien-or-netise and eMer-ruas-i~ssue .
2=The-fYifeeC'Or714allri wv;hinr. Fhe ban.lsi ai'rrv~r~n7c7ii'[~cc?c:7,-
rcL
ilnt.ol] ([-1
and suek Vtnin.+,o.,F sl,nll L.~q~y p.,.-p~.l11;, ren.,,-rl . „le si
r. .
Co4t.feeev@v)-
A.-[a-~'-dWicivn-tc>-tk"• ^"ci- feined4esavailable-ttHde. 4l,;S O1..apto,.3 ,tpPfl-FsSUaftee-e€-&
Retiee-~ ,,..--,-de-~~the-d•~-~6te~--alt~~e ~ ---o= NaRg eamplianee-an4
ab.,*me.at ;=ietif-r-ed-to eef:feet a vaela4~~er-sen-ra:>pef+~,~~.~o;=a . .
~s iaelude:
-easen„ble r ob..l4lesa,:Eests-1'6 „c ~hapte-, `~-~easeiiabie
k-ga-14aes CiR-sests"-shA-ide; b1,t i, ,,,t l;.,,:*oa ,or},---------- =ests-,-beth -
c-lir-eGt an iadifeQr, o,, . .
d,•, ,.h.,p*eM
pa~se~ aests-~",.imr•~de; btit ar~,,.~ „TLe.,;st...,r;..e-e~~e~~s~s;
dir-eet-an , ;
..h.."'.eep-ait-rterAi~ae~d~~~-o~cost~
by*the-~-~: .h,. 4liaptrar--upe}Z--Eemplet.ien
allAtA-weetc.-wer•1rE"°~=ee«r-shtith_pr° P.,°° ^ r°peH-spe~i~y-i~i~~ pR
ef4he-r-eal pr-epe+~:-uwk~e,. Eo o.,f ~
> > !he
od ,.,,s+s-uf-t;he- "•'_.~~ter•esi-reFtted; afid
^ Aewal , d eesfs ef.h • ti6 es, speeifiea~stis-and
zentr-aets;-araesemgkshifmg, eF
.
(.f . ..4-; ' ~ ,,.fi rLinn fvas
B:-8H6h -~?a~38-~fiyS-~~--o .
'C. .L.1"GV~J~jsonoor~ 4.), t~.e~ rr._n'_iirii~ ~ni~~i¢i~fr~_'_iiiiie~i~'rCF~~2~5
' _ _ _
(dl'1C[-TVrQl"al per-sV1~igatioii in ah-pC.i'JAM[~ ~a[~Ci~'H •[gT.~itiG AVlillle'iI.Te
d'r1'1ee Af t~e e.tar o City, ..4 4]~o n~c^~~Taflipliaie9 .
v c1:rr
eff,aft9-h71 J "~~}EQf"
legalaiF,.
~
20 •
D:44-t-~~-,-er_ : z~~u_~f~,-~ ever-5, Of Gest&;-
~e-G~y-~~} ; „_~t~is~:,~ sr; ~-~-~~e-feF-;eeerc}
- ~t~-t~~ie~e-G~~y-a~~~~i~~r~„ ~~^~r~r-'=•ie., .,~~~o U-ze-as:SSSSOe1.
nnni•s e..~1 ;ra ~.~~,p~kF' fl.a ..Int•-nn n.~nnn - .
-feal
.
Stie4i a-14et3-shall be s~tbSt-ftH:IIiit'.-}=H~-€iEC~6e-v►~i~~Fe'~3Sivn „ rc =s?i.d;„r^5--i^rrcciiicaiels
lteits4n-Ghaptef-8:8=~-RGW-,and-saiEI-lier3-sliall-l~e-fore-l-A ;
ed-slu"e-subex~a ..•~te te -;=-prev,-e~is~;.,.~:«-~~.~~~~ M~=°fts
~ ~asc-s~e-propei°t~-as~}al~-ber~~e~e~-~Il-~l~i~~
Eeunty4ahas-,v4O+-A43iela rt shall s#are-pFerity. I I he-Git ^~ic-ane -VaIley rna3-eaus"
t I~c. ~ilo.l r.,-~l .~it3tt~i`tti~~ ~f' tl-.n i~nf~ti'lY~t~
El~+~--~lien~=~=G~. v~
tt:
manet-, -eFI~t-y-ts-cAt~e-o~ ~l.°.A,•~#- #I;~ we~k-~s-eei-ple*o~i&qYuiseIIae&,tba~d-Uie
~laina ~~-o~~~;=tl•!-Eet~~-H-~:~eie~-i-r~eH~z~~o~Mafd~~~~g-thei Retic-e-4 ~4e1atieil,-~
deser-ipttefi-of Ehe-pre$e~rbe-sEarged-uRitlrthe-lien,NNmeF-e~esem', a.,d *'~e t^tg
ekhe-l~° .:~tx~~~~k~~~e-a~e~~~'~~'m~re-te-~e-Ee-Fe4es~~•
n~ ~~Fftted-pr~ope.e-per•ied as pr-aviEled-€e~
by-sE~~-9i-A--~
1 rll '.lITI(S7 CTTia~ Sl.~
T4te-direetef may - se-the~~es-o rder-te-c-el-leet-my-erv+~
Po,,.,,,,~. F~ss;
aE~a~ef.nent-fiinc~
nAll,,,,, ~olleeted-ke~arth~assessime~rt-o-f-~i~-tl-~e~~~tie~s~-~baEe3.,
anE1-wte 11 ~1,..l~a-Illesated to supper ° ,.d shail-be-eeseufAe~
f . t,.o,,..~, o:+i~e~-rien-c~~~-r-~s~~i ~,d a.n„u~~or . ,.-3~~Q~~>>t~eiat-s ests;-er-e4zeF
~t~~+ 1... tl. f;1-. nl~nll l.~r~* 'C2TIZCC~,rl f:-n e
l~ T.'tti.i.ln nnoC~$ lj
~ ~'VYT[-Cll
a'~ff~iie,;t fufld. Aay-manies ~c}-~-Fhat exee-n--tl-=amoutit
p~e~eE~e~-EA-QO~er~t.~r~p~t[eE}-~~3atst}~~t req~ti~~ei-►~-v~i~ti~ra-si*~nth-dme-peiqed
~,-.o,..>>_€~i~td- 9-~.~ £~3 -0-~993}-
shafl--be -u 4h~,r ,
- .
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7. detnetwer:
A-Ry pecsca~~a-~•l~~ld~--er- k-ne~gly eatties'-ffi
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ptir-sa
L~[~~ n
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vPvrrvv ~
eFa*; ~~o.,~,-~&Fi~-tte#~:s-eed-99-d,&~-L aet-i7-wee#t:-E-efisee~#~e-days}-stiel}
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a:sdemeano-e€fefl.se-. t1.^ n., ~F in-additianetae
_ a~istr-at:e-~eaie-~tp4hi5~ter- E) -IUVrzF-4*-~Iafiefi,-the-difec-ter-
fna),-r~esefnffw*E-tha"ie--e ~-e-of-the-6i"o~z,~., F;~~e-Ad plahit--a~
~
21
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ethEf-e3E~~~IEGG-~3f3~-~] . S } ~ ~ ^ 1
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111uj .~'~1=C['Qr+TG~CIC~Lil~uii-p.ti-yVII'~R7G«1VV QJ-a-i
2. A pe,s,,,, ,.h,, do n „t _,.,.~~he f-e~Z,;,-,,, " 33~p~-~viiziiiil~a~l--~3~eFiz---a"~,-rcici-citts-6~~3Ee~'~V'~3E •1J~tss~l6u~^vci~°v-e~
vielatiaii-&-- ?2e4Ee-ElEld `•,-`crcrrcicr,-vr-4 ~H° ~•l,0 1., ,rt .1, sl, GIIFFOE~
shall~.~~~~e»t~a_i i.to ..~[~-fTlLII ~.r.T rr n ..iu4ed
flpp",-t6i~2-W~~1-~1£LE~i~Fd6~E~t~L1--~-E~9-O~ `..c~v-i=~;Sc-O~C~3~-tT6~i86-El~E9~fl~0I3-C~
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clirntr..•-ii~H° •(;lo nl~ "°1 ~'1~1. '7f1 ~I • .
u=rn~ccm ~ a9 ~ "y~ 3-f-S@r-iiE$-0~ '---+cc~icrnrn•rac~rr,--vi
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i+e6se-sEati-ng4he-t4me, --f-eet'en-aiii--date-ei=~ear-iiib=on the-issues-~~eel-eff4he
s#all-m.,;~~ 4-neti6e b),-sfied iiiail;
#~e-d ~-~~-~esi~e~tees~~c~~~kze~-pe~~(s}-~es}~c~~1~f~x=€t-~~►~e-~it~a~i-r.
C; -1~r•A~ee~e~-
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amended-
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. ~ •
viel•atientxeses-a Jtaf ~anE-~ac-ef k-axede-I--- d.ei•-i~e}~e-~,~-it~~~-se
states n-ardar, ;
22
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ee„s~'~~ry-set ef4a ~is-eox~~ w~-c~~l~y-e
zi
thc .weci-
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..a s1,,.11 a-mrzl -na:r•,. flie
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~~at-c -:ialatioi~-Has-ec-rat~-~ci=examiner-sakal-l-upheldeal-aM
fEv2 j' .Jo.- :4~~.L.~ e~•nrYuiczo. ~.,~~n ft,p~H6 ~t
u -,;^tl','I1'r'-tt~C :t~6~- A~~i' «vi ~r.-crr~ «cccr,r-rrrzm-cz~.t~tF0n-ACa(3i•tfi'ed-.
wbete-the-vielation---k~~-e,.,.,.,Fe,a h.,~ ~~xt.al.-i v eI-}'
leiteiistfat-ed t-t-lie-;.4olati ey aneF''eFSei=of n6ty-r1e~-die
ageaW, +e-p"er-t-evoa~r-and-witheut-~4iee=-~ ~-dgo-or-seHs°^,.-,Rc-h
PrePeFty OWnar s#all-be-r-espensibiOatement ef€.=Pielatiea. .i .
eemplia*c-e~k4tl3-per-~~~ ~eqtHr-effien6-m&y-bz d:,k1~afidi ~g~i°f33ffl3Ee--6~
woh-aba+„ „t ,,,.der-4e zv&4-de'r~--stt~E,a#~-~~..~ ,•°a~-~-,~~tsti4pablc..uope"
L. "~ze~~~minof, era~tf~~e~e~i~g-e~r~t~a~~,~ =he~i~-~e€
~ek~~tietre~
nettce-hnd11:1o~~~nlleISs
pfoc;eedi*g-"- PoNans-Gounty
super-ief-seug-t-W.1-h.m.-thefii:fle per-iQ4-spesified-bY-epPkftbJe-;Ttalg-law--FOr~. ~.-~-097-§
~4-97.2883):
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a-tt4l~ZEy, -eft-bebaWl-ef t3c-cct);-maL~~oc~j--cin"-v°-r~~~~i'-(iet33e•,• ••n~it,n~,`~-rki'es ei -neaF4~g
eHaminef'.q arder- b}f~Nilinga -
pet itien-for- en,Ce~eetne„• ;n cpova„e-Geui3ty supdrisr-eetxt,
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~ieet~e=E~e-~enef~r~t~-an.~--e r~ed~-pfe~-k~y-4fi;v; ~
1.'r.,t• , ~~+t.o r•,,.-~a f'~ l~-'i~'• p J-, ~ r. ^
23
~
S C1TY O
- pDlsaII.e
Valley .
4;00 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 1 cityhallCspokanevallcy.org
- . , . _ _..~t~. . .
Memorandum
To: Dave Mercier City Manager; Nina Regor, Deputy City Manager; Councilmembers
Cc: Department Heads
From: Chris Bainbridge, City Clerk
Date: January 6, 2006 Re: Agenda Packet for January 10, 2006
Tlie attached was advertently omitled from the Jaciuary 10, 2006 agenda packel.
Please adtl these materials iuldcr Tab #4, as Lxlubit C as noted on. tne R.equest For
Council Action Forni. We apcilooiz.e i4r ihe inconvenicnce.
. ~ . ; .
' -
CTTY OF SPOKAiNL VALiarv
s'PoK.n~TF cQUn°T~~, VVASIaI~TCTO~T
ORAINAn`CE n°O. 06-
AN Ol7ll1NANCE OF THF CITY UF SYOKANT, VALT..FY, WASIiINGTON,
RF_PFAL.rNG aNv AAiEINTDlNG SECTtONS OF TiiE SL'OK&NM VALLEY
v1L1'V1Cl:l'A:L COnF S.F..C7'IQNS 10.30.150-600, SPFCTF.ICALLY AN1ENDLYG
SFCTIONS 10.30150, 180, .190, 200, 210, 220, 240, 250, 260, 270, 280, 340, 350, 360,
380, 390, 400, 410, 420, 430, 470, 490, 500, 520, 560, 570, 580, A..ND 590, AND
, RFPEALING SEC-110nTS 10.30.290, 300, 31U, 320, A~Yll 370.
IMCM];AS, the City of Spolcane Valley aciopted Ordinanee 04-013 regiilating
compliaiicc with code pravisions; and
1VFILRE AS, The CiCy of Spo}:ane Valley had previously adopted Ordinance 03-083
regulating nuisance conditions on public asid private property; and
W1iL1tL+"f1S, the t-vvo Or.din.ances were subsequently codified as SVMC 10.30.150-600
_ ancl SVMC 7.05.010-200, respectively; and
R'HERF.AS, the'provisions of these Ordiualices as•e duplicative, contain verbiage no
longer consistent Nvith City of Spokanc Valley ord'uiances and procedures and r.equire
ievisions to ensure consiste~ncy and clarity; and ~ .
VVHFREAS, the following c1langcs arc ncccssary to protect the health, safety, welf~ar.e of
the geiieral public and tlie environmenl;
NOW THEREFORE, [hc City Council of the City of Spokane Valley ordai.ns as
i'Ullows:
Section 1. Spok.a.ne Valley 'Municipal Code sections 10.30.150 - 600 are herby amended
and repealcd as is sct forth below.
Article M. Zuning Code Cumpliance
10.30.150 Definitions.
A. "rlbale" means to cake whacever steps are deerned necessary to ensure that Lhe property
complies with applicable code requirements. Abatement may include, but is not limited to,
rchabilitation, derr►olition, recnoval, replaccment or rep3ir.
- 13. "Code aomoliance ofiicer" means a reeular or snecialiv commissionccl ofticer so desiauated bV
the director ofcomrnunitv deve_lonmeiit foe the Citv.
~13G. "Code violation" tTlefltl$ alld IIICIUCIBS all flGt OC Otil!$510n COI1trFlIy to:
.
Any ordinance, resolution, regulation or public rule of the City ihaC regulates or
protects the use and development oP land or water, and/or
2. `I`he conditions of any pErmit, notice and order or stop work order issucd pursuant to
imy such ordinance, resolution, regulation or public rule. DF. "The Cit:y" means the City nf Spokane Valley, Wa.shington, acting by and lhroiith the
aurhorized representatives and agents desio iated by the comnumitv develonment directoreity
i"emag2~.
~ ED. "Days" will be counted a,S busincss days when five or less days are allo«<ed to do an act
reqiiired by this v-ticle. "Days" will be considered calendar ciays whem more than five days are
allowed to clo an act required by this article.
IPg. "Determination of compliance" means a written statement &om the C-4,director that evidence
co dECermine that the violation(s) has been sufticicntly abated as to the vinlation(s) stated in tlie
voluntary compliance agreement, noticc and order or stop work order. notiee G. "llirector' meails the comrnunitv develoumenl director for Sookane Vallev, or his/her clesianee.
I NHI'~. "FOund in violation" means:
~ 1. That a noticc and oriier or stop work order has been issued and not
timely appealed;
2. That a voluntary compliancc aareement has been entered into; or
3. That che hearing exaaniner has cletermined that the violation has occurred and such .
deterrnination r►as nol been stayed or reversed on appeal.
_ iG. "1-Iearing examiner" rneans Che Cily of Spnkane VaUey hearing ex-aminer, as provided by the
ordinance co<lifed in Chapter 10.35 SVVi.C, Article I, Hearing Examiner, as adopted or hereafter
amended.
~ 144. "«itigate" means to cake measures, subject to City approval, to minimize the liann.ful effects
of the violaiion where remcdistion is either irnpossible or unreasonably burdensome.
I Ka. "['ermit" meatis any form of eerti.ficate, approval, registration, license or any other written
permission issued by the Gity. All conditions ol" approval, and all easements and use li.mitations
shown on the face of an approvEd final plat map which are intended to serve oe protect the
geiieral public are deemed conditions applicable to all subsequent plat property oNvmers, owners'
tenrint's, and owners' agents as permiC requirements enforceable under this article.
I T J. "Person" means any individual, associa[ion, Uartneiship, corporalion or legal entity, public or
private, anct lhe agents vnd assigns of such individual, associatiori, parlnership, corporation or
legal entity.
~ MK. "PerSOn responsiblc for a code violatioii" means the person who caused the violation, if that
can be deterrninecl, and/or the owner; lessor, tenant or olher person entitled to control, use and/or
occupancy of tlle pruperty where the cocle violat'ion occLirs.
I'N-L. "Public rulc" means any rule prope.rly promul3ated to implement provisions of this cade.
~ 0114. "Remediate" means t:o restore a site to a condition that complies with sensitive area or other
, regulatory requirerneiits as they existed beforc the violation occurreci; or, for sites dhat have been
clegraded under prior ownerships, restore to a conditinn whieh does not pose a probable lhreat to
the environment or to the ocneral public heatth, safety or Nvelfare.
~ PNI. "Resolution," for purposes of this 3rt.icle, means any resolution adopted by the City of
Spokane Valley city council. (Ord. 04-013 § 1(1.20.01), 2004).
10.30.160 ltelsil'ionship to Growth _NIsn.lgcment A.ct.
1"his article is aciopted as development regulations pursuant to ChapCer 36.70A RCW (Growth
ARanajernent Act). (Ord. 04-413 § I(1.20.02), 2004).
10.30.170 lleclaration of public nuisancc - Misdemeanor.
A. All violalions of this title are hereby deterniined to be detrimental to the general public healtn,
sitfety and wclfnre And are hereby declared public r►uisances. Al) conditions determined to be
violations of this title shal( be subject [o and enf'orced pursuanC t'o the provisions of this article
except where specifieally excluded by law or regulation.
B. Any person who willfully or k.nowirigly causes, aids or abets ti viokilion pursuant to this aiticle
by any act nf commission pr ornission is gLiilty of a misdemeartor. Upon conviction, the person
s}iall be punished by a fine not to exceee! S1,000 and/nr incarceration for a term not to esceeci 90
days. Each week (seven consecutive days) such violation conrinues shall bc considered a separate
misdemeanor offense. As an alternative, or in addition co any other judicia) or administrative
remcdy Urovided in this alticle or by law or other regiilation, the authorized representarive of the
- Ciry may recommend thai die office of the city atlorney fle a misdemeanor complaint against the
person responsible for code violation when the City has documentation or odler evidence that the
violatiCm was willful artd knowing. (Ord. 0xt-013 § 1(1.20.03), 2004).
10.30.180 Enforcement, au1:hUrity ancl aclministratipn. A. Iri orcier [o discourage public nuisances and otheilvise prumote complianee wit}i applicable
~ code provisions, the 6EEytli►-eecor rnay, in response to .field'observations or reliable complaints,
- determine thaC violati0ns of t:his title havc occurre-d or are occun•ing, and may:
l. Lnter into Voluntary complianee agreements with persous responsible for code
violalions:
.
Issue nntice and orders, assess civil penallie,s and recover costs as authorized by this
ar-ticle;
~ 43. llequire abaCement by rneans of a judicial abatement order, and if such abatement is
not timely completed by the persnn or persons responsible for a cocfe violat.iori, undertake the
abatement and charge the reasanable costs of such work as atithorized by tltis articlc;
~ ~4. Allow a person responsible for the code violation to perform commuriity servicc in
lieu oI' payinc, civil penalties as authorizecl by this artic.le;
~ 65. Ortler work stoppecl at a site by means oE a stop work order, 3ncl if sueh orcler is not
complierl with, assess civil penalties as authorized by this ariicle;
~ 4. Suspend, revolce or modify any permit previnusly issued by the City or deny a Pei-iiiit
application as authorized by this article when other efforts to achieve compliance have failed; and
~ $7. I'orward awritten statemctit prnviding all relevant information relating to the ,
violatinn to the off ce of the cil'y attorney with a recomrnendation to prosecute willful and
knowing violations as misdemeanor offenses. B. The procedures set forth in this article are not exclusive. I"hese nrocedures shall not in any
manner limit or restrieC the City from reitiedying or abating violations of this lit:le in any other
manner au[tiorized by law.
C. In addition to; or as an alternative to, utilizing the procedures set forl:h in this article, the City
.
may seek legal or equitable relief to abate any conditiqns or enjoin aiiy acts or practiccs which
constitute a code violation. D. In sdditinn to, or as an alternative to, utilizing the procedures set forth in this art:iele, the
~ C-itydirecior may assess or rccover civil pcnallies accruing uncter this article by legal action fled
in Spnlcane Coun[y dish-ict court by the office of the city attarney.
E. '1 he provisions di this article shall in no way adversely affecl the rights of the owner, Icssee or
occupant of any nroperty tn recover all costs and expenses incurrecl a.nd required by this articlc
from any pcrson causing such violation.
~ F. !n adrninistering t}le provisions f'or code ea€e+aeiueilicomaliancc. the C-t}direcl:or shall havc
the authority to waive any one or itiore sueh prqvisions so as to avoid substalrtial i.njustice by
application thereoC to the acts or omissions of a public or private entity or individual, or acis or
omissions on public or private property includi_ng, for example, property belonging to public or
private utililies, where rio apparent benefit has accrued to such cntity or individual from a code
violacion. AnY determination of substantial injustice shall be made in writing supported by
appropriate facts. For purpose,,s of this suhsectian, substantial injustice cannot be basecl
esclusively on £nancial har<lship.
G. "I'he provisinns of this artiele detailing the administration of code campliancc procedures arc
intencled only for the purpose of providing guickince to City cmployees and a.re not jurisdiccional,
and are ❑ot to be construed as creaCing a basis for appeal or a defense of aliy kind to an alleged
cede violation.
H. The Qtydireetor may, upon presentation of proper credetitials, with the conscnt of'the oNvner
nr occupier ni' a building or premises; or pursuant to a lawfully issued inspeeHen-wart~tintcourt
ordcr, enter at reasonable times any building or premises subjeeC to the consent or W&I'FaMeOurt
order to perfqrm the duties imposed by this article. It is the intent pf the city council that any
entiy mscte to private property for the purpose of inspcction for code violations be accompli5}iecl
in striet cnnformity wilh constitutional aiid statutory constrainls on entry, and the holdings of the
relevant couct eases reoarcling entry. The right of entry authori'r.ed by this article shall not
supersede those legal consT.raints.
I. The C4tydirecior may reqiaest ehat the police, appropriate fire district, Spokane ~fegioctal
Wbealth DElistrict or other appropriate City departrnent or other tion-city agency assist in
, eriforcement. (Ord. 04-013 § 1(1.20.04), 2004). '
10.30.190 Guidelines for departmental re.sponses to complaints.
- A. ' u4d-bc~~ph ~ ' • e-~-~sa~,~e-1jr~3t~Ha+~~e~ T-lie l :~c-mo~ec~-b},
~espo~d~i~~bj~i-e~c~ .
:
- m1e; strbjesE-te-~et~j3c~l-~evtew--~r~~-a~~~: r-r:5ic irn"°c~~i~c'iivir5-'h78~C~lii~ o •
l;kol;h.,eft-of-or-aat~ edly , damage bho
resetirees--ai- faEi4iEtes;
2. : , a ..f _ SI.
eases ..h• .a :h fa-fsa45k-&~-be , g 'a-rescatifees
te-rettl-~FseF investigations ' c' -6r-t?9t~EHi~ti~- edjng~~espc~~se--a~1n~=. ; ~n, ~~-ys-af-a
~i~lek
t~€fec~-by-{3ede-eo ,
emer-gerrl-rl4es-FwA-F4 within the iiig - r-aE"sk- a
~'-#e-i~as~se-~~es-set and eat-ffiem-itrrtny
. piett~~-ietrktr-eitse- l n * +f t Gc..,'s .,..E►,or:tly-Eo-ettfofee-Gib~-~ .
0
t4iat-£z'}4@:
G: City representatives are authorized to clelermine, based upon past complaints regarding a
prope,rty, subsequent Feld investibations; ancl other relevant criteria, whether a camplaint is
reliable. If the CiCy deterrnines a complaint is not rzliable, the City is nat obligated fo eonduct a
field investigation. (Ord. 04-0 13 § 1(1.20.05), 2004).
~ 10.30.200 Tniti:il invesrigation.
This section sets foith guidelines for mnre specific procetlures to be used by the City in
irnplemencin~ this ar[iclE. Tt~e guideline„s set forth in dhis article are not jurisdictional; anc~ failure
to meet them in any particular case shall not affect the Cily's auChoriCy to er►force city code
pravisions with rcgarcl to t:hat case.
~ A. 1'ield Verifc;atian Required. Except in emergencics - 'i.' ease field '
verification should bc rnade if possible prior to, cpncurrent with, or shortly after notifying the
` person responsible for the alleged code violation. LeNy-Fislrsase-CEOmplaints '
shoulci be acknowledged by sending a letter co the person(s) responsible for dhe code violation.
The lefter should state that a violation may liave occurred, but has not been verifieti, and shoulci
ask the recipieiit to c.ontact the person i5suing the lerter.
B. Advising Interested Parties of Receipt of Complaint tindlor Field Inveseigsil;inn.
1. "1"he person responsible for the code vinlaeion should be adviseci of tiny complainl by
personal contact; pMonc; posting and mail (rcturn receipt requested).
. 2. Tt►e complainant stiould be contacted by phone and, if possible, in persnn during the .
field visit.
C. 'Che City will record all violations in a database system, including a list of all actions taken on
the complaint.
.
~ - - - -
D. 'I'o thc excent possible, the City shall cheek its own records and the records of other agencies
for previous violations on che site of the allegged violation or by the owner or occupant of the siCe or sucli other person as may be responsible for the code violation. E. Staff undertaking field investigations shall canply with the provisions of this article regarding
right nf entry. (Ord. 04-013 § 1(120.06), 2004).
10.30.2101'rocedures when probable violation is identified.
~ A. Thc G4,director shall determine, based upon infprmation derived frorr► sources such as field
observations, the stateinerits of witnesses, relcvant docurrients and data systems for tracking
violations iind applicable City co(les and rcaulations, whether or not a violation has occ.urred. As
soon as the C-itvdirector has reasonable cause to detei-ininc Ihat a violation has occurred, he or she
shall clocument tFie violation and promptly notify the person(s) responsiblc for the codc violation.
B. rxcxpt a4s provided in subsection D of this seclion, a warning shall be issued verbally or in
Iwriting promptly when a ficld inspection reveals a violation, or as soon as die 6rtyclirector
- othenvise determines a violation has occurred. The warninb shall inform the person determined to
bE respflnsiblc for a code violation of the violstion and allow the person an opportunity to corrcct
. it or enter into a voluntar-_y compliance agreement as provided for by this article. Verbal warnings
shall be loaged and follawed up wikh a written «<arning within five days, and the site shall be
reinspeeted within 14 days.
~ C. No warning need be issued i❑ I+r~h--+slrcases~ emergencies, rcpeat violation cases, cases that are already subject to a voluntary compliance ag-reement, cases wfiere the violation creates or has ,
created a situation or eondition that is not likely to be eorrected within 72 hours, ca.ses where a
slop work order is necessary, or when the pcrson responsible for the code violaCion knows, or -reasonably should have known, chat the aclion was a eode violation.
D. det~x~e9-r~HS-~Fa~a~le-t~~t~E~e~~iU1~t~~-~
-6~-.--Nutice and orclers should be issued in all hab4-fis--cases ia which a voluncary compliance
ab eement has not been entered into within vuefifieen days of nocification by the Qtydirector.
Netie2-aREi-caMeps-may-l)e4ssur~d in mede~~.ie anE{-Iow-i=isk-aRS::~ %N':aeFe-tl:ie-Gity AeEerqBmin°^
iri-it-~4eA-per-icad-ef t-i+*e:
F-E. T}ic Gft-fdirecicx shall use all reasonable means to determine and eitenroceed avainst the
personLs) actually responsible for the code violation occurrin5 «fien the property oNvi1er has not
ctirectly or incfirectly caused the violation.
~ CF. I.f'the violation is not corrected,'or a voluntary compliance agreement is not achieved within
15 days of notification by ttac City, a notice and order or stop work order should be issued.
6i~a4e4+.5-SFtH;Ad-Ee-i55tfddNyi4ihit14-5-day5 fi-effi-rteeipt-e~` a :,arjffEaint.--~4etise--&M-afc#eFS-salei#
e€-aeemplaiiit. Stop work ortlers should be issued promptly
upon discovery of a violacion in progress.
~ 14G. All complainants will Ue asked by staff at the time the complaint is fled whether.they wish
to be kept advised of enPorcemertt efforts. Any complainant who provides a mailing address and .
requests to be kept advised of enforcement efforts should bc mailed a eopy of all weitten I warnings, voluntttry compliance agrcements, ~e4c-e-c€ notice aricl orders, stop work '
orders ancl notices oP settlement conferences issued by the City with regard to the alleged
, violation. ttny complainanl may appeal a determinaCiqn of code compliance issued by the City.
(Qrd. 04-013 § 1(1.20.07), 2004).
I 10.30.220 Scrvice -\°s#Ee-of-violagen; notice and order, and stop -tvc►rk order.
( A. Service of ane6ea-ef-wohtiaff-ar-nocice and order sliall be madc on a person responsible for
code violation by one or more of the Following methotts:
~ 1. Personal service of a~eFiEe-e~wi~}~#~efor--notice and order may be made on the person
identified by lhe City as beino responsiblc for the code violation, or by leavi.ng a copy of the
~w4-iee-of-~}3-or notice and order at tlle person's house of usual abode widi a person of
suitable age and cliscretion who resides tliere;
2. Service directed to the landowner and/or occupant of the property may be mtide by
I posting the E}~~Hic~e-~-EeltK~ior~-c~~n~tice ancl order in a conspicuous plare on the prnperty where
the violation occurrec! and concurrently mailing noCicc as providecl for below, if a mailing adciress
is available;
~ 3. Service by mail m3y be macle f.'or s t3ekvielatien-ar-t~-notice and orcler by mailing
hwo copies, postage prepaid, one by ordinary fi.rst class mail arid the other by certified mail, to the
pcrsoii responsible tor the eodc violation at his or her last krnow•n address, at the address of the violation, or at the address of the place of business of the person responsible for the code
violation. '['he ttxpayer's address as shown on rhe tax records of Spokane County shal] be deemcd
to be the proper address for the purpose of mailing such notice tn the landowmer oF the property
where the violation occurred. Service by mail shall be presumed effective upon the third business
day Following the day upon which the Rcatiee-e€-+elatpen-s+'-notice and order was plaeecl in the
mail. "
B. For notice 1nd arders only; when the address of the person responsible for the code violation
cannot be.reasonably deterrnined, service may be made by publication once in dle City's newspaper of record. Service by publication shall confarrn to the requirements of C:ivil Rule 4 of
the Rules for Superior Court.
C. Service of a slop work order on a pcrson respnnsible for a code violAtion may be made by
posting the sCOp work order in a conspicuous placc on the Uroperty where the violation accurred
or by servirig the stop work order in any other manner permittcd by this article.
D. The failure of the Ciry to niake or attempt service on any persou named in the uotice of
violation, notice and order or stop work order shall not invalidate any proceedings a,.s co an_Y otlier
• pcrson duly serveci. (Ord. 04-013 § 1(1.20.08), 2004).
1.4.30.230 Training and rulcmaking. ,
A. ln order to ensure sh-ict corifiormity with the canstraints on eritry imposed by sutt.c and federal •
Iaw, and to ensure ihat City employees deal wich the public in a manner which respects the rights
of pi-ivate property owners, the City shall develop and adopf intcmal procedures, protacols and
training programs governing the conduct of searchcs by compliancc officers.
B. "1'he City shall adopt procedure,s to implement the provisions of this aiticle, ~►nd specifically the
guidelines set out in this article ctescribing reasonable and appropriate protocols for investigating
(code violations. (Ord. 04-013 § 1(1.20.09), 2004). .
1.0.30.240 Oblig:ations nf pcrsons responsible for code violation.
j
A. It shall be the responsibility of any person identified as responsible for a code violation to '
bring the property into a safe and reasonable condition lo achievE code c;ompliance. f'ayment of
civil penalties, applications for permits, acknnwlcdgement of stop work orders and campliance
with ott►er remcdics cloes not substitute for performing the corrective work required and having
the property brought into comEal iance to the extent reasonably possible untfer the circu.mstances.
B. Persons determinecl to be responsible for a code violation pursuant to aiia '
nQtice arid order shall be liablc for the payment of any civil penalties and abatement costs;
providetl, however, that if a property owner affirniatively demonstrates tliat the action which
resulted in the violation wa,s taken withouC the owner's knowleclbe or eonsent by snmeone other
than the nwmer or someone acting on the owner's behalf, that owner shall be respansiblc on.ly for
bringing the property into compliance to the extent reasonably fetisible under the circumstances.
Shoulcl the owner not correct the violation, only those abatement costs ctecessary to bring the
( property into a safe and reasonable condition, as determinetf by the G4ydire_ctnr, shall be assessed
by the City. No civil penalties shall be assesscd against such an owner or his or'her properiy
intcrest. (Ord. 04-013 § 1(1.20.10), 2004).
10.30.250 Determination of cortipliance.
~ After issuance of a warning, voluntary compliance agreement, net-ise_-ef v,ie4atien-,--notice and
orcler, or stop work order, amd after the person(s) respansible for a violation has come into
compliance, the City shall issue a written deterrnination of eompliance. The City shall mai( copies
of the determination of eompliance to each person originally nsmed irt the warning, voluntary
~ enmpliance agreement; e-itat+en, ilotice and order, or stop wark order; as well as the complainant, .
by cerCiGecl mail, Iive-day rehirn receipt requested. (Ord. 04-013 § 1(1.20.11), 2004).
10.30.260 Voluotary compliance agreement-Authority.
A. Whenever the City determines t}tat a code violation has nccurred or is pccurring, the City shall -
make reasonzible efforts tn secure vroluntary compliance from the person responsible for the code
violation. Upon contacting the person responsible for the code violation, the City may enter into a
voluntary compliance agreertient as provicletl fvr in ihis article.
B. A voluntary compliance agreement may be entered into at any time after issuanee of a vcrbal
~ or written warning, a notice and order or a stnp work orcler 1nd befoee F►n
. appeal is decided.
C. 'Upon entering into a voluntary compliance agreement, a person responsible for a code
vialation waives the right to admiiiistratively appeal, ancl thereby aclmits that the conditions
cfesCribed in the voluntary compliance agrecment e!cisfed and constituted a code violation.
D. The voluntary compliitnce agreement shall incorpQrate the shortest reasonable time period for
cpmpli3nce, as determined by the G&xlirector. An extension of the time limit for compliance or a
- mndification of the required carrective action may be granted by the C-~4,director if the person responsible for the code violation has shown due diligenee or substantial progress in correcting •
the violatiou, bu[ circumseances render Full and timely c4mplianee under the original condicions ,
unattainable. Any such extension or modification must be in writing and signecl by the authorized _
~ representative of the G41ydirector and person(s) who sioned the original voluntary compliance ,
agreement.
E. The volunLvy compliance agreement is not a setclement agreement. (Ord. 04-013 § 1(1.20.12),
2004).
10.30.270 Vuluntary compliancc agrcement- Content,s.
T}te volutitary compliance agreement is a written, signed commitment by the person(s)
responsible for a code violation in wliich such person(s) agrees to abate the violation, remecliate
the site; and/ar mitigate the impacts of the violation. The voluntary compliance agreement shall
inclucfe the following:
A. The name and address of the person respansible for the code violation;
B. The adtlress or other identification of the locatien of the violation;
C. A description of llje violation and a refeeence tn the provision(s) of'the ordinance, resolutinn or
regulat:ion wMICI1 }18S bzc11 VIOI3t0CI; .
D. A description oF the neccssary coI7ective action to be taken and idcntification of the date or
time by whieh eornpliance must be completed;
E. '1 he aniount oF the civil penal .ty that will be imposed if the voluntary cotnpliance agreement is
not satisfied; _ P. An acknowledgement that if the CiCy cietermines that the tenns of the voluntary campliance
agreement are nnt me[, the City may, without issuing a aet-Gc-oF-viela+td"-,notice and order or
stop work order, impose any remedy authorized by t:his article, enter the real properly and
perform abatement of the violation by the City, assess the costs incurred by the City to pursue
code compliance and to abate the violation, including reasonable leDal fees and costs, and the
suspension, revocation or lirnitation of a develapment permit obtained or to be sought by the
person responsible tor the code violation;
G. An acknoNvledgernent t:hat if a penalty is assessed, and iF any assessed penalty, fee or cost is
not paid, the City may charge the unpaici amount a.s a lien against the property where the codc
violation occurred if owncct ny tlle Eaerson responsible fnr the code wiolation, and that the unpaid
amourit rtiay be a joint and several personnl abligation of all persons responsible for the violatidn;
H. An acknowledgemcnl t:hal' by entering into the voluntary compliance ajreement, the person
responsible for the code violation thercby adrnik.ti llhat the conditions described in the voluntary
compliance agreEment: existed and constituted a code violation; auld
1. An acknowledgement chat: the person resrionsible for the code Wiolation untlerstands that he or
~ she has the right to be served with a ~^~ee-of-AelaEiort; notice and order, or stop work order fnr any violation identified in the voluntary enmpliancc aarcement, has the right to administra[ively
~ appeal any such 'i,-not;ice and order; or stop work nrder, sincl that he or shc is
knowingly, voluntarily zind intelligently waiving those rights. (Ord. 04-013 § 1(1.20.13), 2004). .
10.30.280 Failure t:o meet terrns of voluntary complistnce agreement.
' A. If the terms of the voluntary compliance agreement are not complete(y met, aiid an extension
'oi' tirr►e has tlot been granted, the autharilecl representatives of the City may enter die real .
properly and abate the violation without seeking a judicia) abatement order. The person
~ responsible lor code eompliance may, without being issued anetimee-e#LvFOEatielr-notiee and orderT
~
or stop work order; be assessed a civil penalty as sec forth by this article, plus all costs incurred by
die City to pursue code compliance and to abate the violation, and may be subject to nther
rernedies authorized by this article. Penalcies imposed when a voluneary compliance agreement is
~ not mct accrue from 1he date diat an appeal of any preceding n^~4ee-arAelatietrnoCice and orderT
or stop work order was to have been filed or from the date the voluntary complianee aggreement
~ was entered into i_E'there was nol a preceding ^~,-f-oielaties}-notice and orderT or stop work
order.
~ B. 1'he City may issue a aeEEEe-ef viakttien, noticc and orderT or stop work order for failure to
meet the ternis of a voliuitary compliance agreement. (Orcl. 04-013 § 1(1.20.14), 2004).
itut-iew; AtrtshoMy:
b~er~~tes#atfOn-f deetiments,-ftttdl
e}iEie~~se; -~-e~~i@n-E~a~eeu~-t#e-GNy-~ss tt
pei'ss+i-r-espensible-fer-Qede-,,al$t:icaia-=~e-C-+~-s~a~ke-a-de~ee-~+~Ur~~e~o~ r~et-~e-issue
c~Ht~t~Fri ~r-I-S-~-~3~Fa~~e~-tt-~e~le-t~rl•lc~~g-a-v~~latfef~-eF eNiew*i-~36U~er~
ditt~t-~ie~a~e~-~~y-~et~~iaa•1~
~Fcary~eses-^ r'-.n-«;it~le-l=~ewet-e~s~e~t~#~see{~+e eensttEc+ce-~11-sepftr-ate
~~►~-peilaitie . af4iele . . ,
t1: r1-~ae~se-o~k4elat+en-~epr-e se+~-c~{ete~++Htieii-tec---~ed-a~~-E~t-#~3e
+e6se(4aAy-+.i'Pe~eii r-esponsfb4e-#er-ea-roc#e-v-ielstioR: ~
131-A-rie4ioe ef-~ta b!e-fa~a-eocle-,LitoH-te-pem#tes-
E:-T-he peFsafl-Fesp !aden sbakl-eitlier-Pay-die-6i341+a-pet~a~e~sses~t.t~
29t#e--rjaliee-Af-µio-latkm-,ef-appeaaR-F&f4ttize~appea-l-the-tietiea-ef Y+oa~tEie~i~~ia~9-~e~s-s#~~-~er-~ k~e-+~a~iee-e€~ialaEte~
a eede-~«~atief~;-sr~~l-tl~~e-~iEet~-}~+ty-is-li~e-~s-~-~e~ei~-+-es~eris~l~ .
G--lnipa-jein E :;:;veF"c»al-,,
af4l3e-~iek~tic~t
attemey, en-4)el+a444P-*e--'_~f Spe'Eat~e-V-a44ey-,m€3y-ee44eeE-ths-eiv+1 penalties assQssed4py-any
iate-leg&k*ea*5-
P.--~~-c~f-~+3e~ise-e~~:io ;tt~k~i~-te-isse~e-,a--~e~eca--a~
any pei:se* .
i 2np,~,
"TT
~:0-~`et-i~►€-~i0~z'.i:o~:-~~ettf9:
vielatioll t' . l~~e-€aElo-~►#ei~~3~~+r ~
^ ,
. '''r-r--r„~~~c:rw}~er ~le-Eef~e-~'falat-ieA;
,
~
B. A 4egaWeser•rp ~ F4il • ar-Ge4-f""b^ ~-8-the
vio4aEi-on-oQGur•r•2(1-e~ -;eeated,Ae-p2:apefty-b-}-eeH+ffKm+1-j--etsed
leFaEerS;
C. .4 stMem2nNMAt-4:"e G«• f d ,~,e-~a~t e~i~;c
a~et-s-brt.;.A~QeseF' ~,,Tnm;-of the-Aie!€t4en{s}-fb+.-nd; .
E'. A ,..%fement e€-t-#e-speei•fie-erdiia , • W , T~a•I~~re~, , -endiHOn;
iiatiee na ,-ae►-PF9W.. ctl'2d;
r. n ..t.,«e,..e... Eh,.. .h,. )lOl=ieC-Af-1Ff0Wt6~-F8}~58flE5-tt-f~8 OEt~F'i-~iHS
~
r. s`i ~3eiat-c}f-t~e-miatr~~ }-°f =~:;~;-;~s-~;-Pen~di~y-~issess , . a-c3i~~rt~+es
,-eFI . .,der ei.'e nFEkCyl2-C~82SrE19t mlFeve-a-pe1=59R4Ottild4 't-C-9c e-V°lAWi@i3
of-his-oe-h ' r--ta-pfv), aii3`-a3c-l-aIl-ai-vA-perrrt ' .
. .
lents ' . Re4-ptw5cr*►lt , na4Ey4vw 2 ' : FieG
a-ppea4ad;
C. A. ef-tlie e4+et+ . 3at Ml reqtiired
ecttve-aeie.. .stbe „►..a• a f.e
V. A etfitateeni-advishig that afl), peFseft na 44 €Hlhve-t , eOerEl-eF
~ eds, a"l° *:_l°
~ the-hea'- b ' r-~Eh+r _ , . 'se-o~@~l~-~ii~t~@F►;
~.A -5nZL-n, . 4-3pp2a-E~l -f~~}~iS-i'E'~tif~BES-t~~e '
~ ~
fmfl~-deleiiiiii9a44 85EFf4,Yed-iH-,.,,t"
at-he-ai& - sooFts+Me
. ~
T. A -ieeit,t;at .:irfi i 1fflewi~~c . see-tk~e
C-tE}~-~'3fE~FE►ey-~~1F~ r~.°,e~~httat~., r ~1..,~ n n n § i! 4 ~ n n~,~'
,
r-re►ocittion:
. , ,Fe'µt3ke-FFi-M9fiEe-E3i'--ti~-pftE, EJ1-@~!~!~@-ft]6~}l~-~-fi-i3Uf'i~-U~-1%•tp~~fAf1-E3~
. (:Iiielllfd-ij9 d-6y .
.
~3--~=13e-Ei~~fr~f~•~r2~~3ti.e-~~iss~.: a uiider-this a=t+ale=
, r f }h° j.: D:•, ^ ~ 6t169-9~ Yt418&1F!- _ ;
~~,~.a•,~••°••'I,n e ~41~1i3•~OFE~2fl.
• - ~O ~ "@o; AF
~-~-it-Paj=t)'te-r2-~~@~FE9-U~-~lU~fl~•h@fi-Wd~-kP"tC'Lj~i{2C-~-1}$~?@~-
_ J:xe#-atTE3i3-A£-r33t7~~fiii~li-S~tEiI•I-tEE2tl~f~Tfr~e i+easens-anu-undef-t}iDg-taets-fet
medifleatieR • ' d-sfiaa,l-4e-s
~ea+i€OHR+ty-with-flk+s-tcj--t4e4 .e-(-0 . . 20-
,
n efff)~-A-siV4-penAy to be-c~et~~e~l-~~i~~~e#ererac~ *^-~-sc~he~e
2pr^tiri4t°zv4icfctFl.-(QfA--04-00 SIf-l~r~, t n, 7n~
J t 'z-°Trl,- v
10.30.340 Notice and order - Aut6ority.
When the City has reason to believe, based on iiivestigation of documcnts andlor physical
evidence, that a code violation exists or has oceurred, er-e
e#-v+sl~ieji-kiave-f►et-beerreeeted,or that the terms nf a voluntary compliance agreement havc
not becn met, the Ciey is authorir.ed to issue a notice and order to any person responsible for a
code violation. The City shal.l make a determination whether or not to issue a notice and order
I within ?30 days of rcceiving a complaint alleging a violation or othenvise discnverino that a
violation may potentially exist, or wichin 10 days of the end of a voluntary compliance agreement
time period which has not bcen met. Subsequent complaint~s shall be treateci as new complaints
for the purpnses of this article. I-SsEIEHiGe--e~i n^eeef-wielat+ea-is-rfet-e-eeAld~tiefFpfec-edefrt-te
i#fe-+s` -oe~c~ef-(Ord. 04-013 § 1(1.20.20), 2004).
1_0.30.350 votiee and order - EffecE.
A. A notice ancl order represents a deCermination that a violaCion has occurred, that the party to
wham rhe notice is issued is a person responsible for a code violation, and that the violations set
out in thc notice and order require che assessment of penalties and ather remedies that may be
specified in the notice ancl order.
13. The Citv is authori7,cd io imnose civil nenalties Uupon a determinafion by the City tliat a violation has occurred pursuanl to a rlotice and order, aivf}
peflaities.
C. ."~~►-i~'~+e~-irrEl~e-netiee-aRd-efder-a
the-f3e66e-and sr-~ler-wifl4R-2-0-~~
.Ef+;a-te-e~eF34-1~it~-~letie~v-i ^v-v;vcr "riiti~'~ricreiictipp~ ^-rczmc:-`t~c~-e ".eriec
Eet3d-~rdeiz-a. r,,..-r,.,~;-Reitnaai-satien-~~3a1.~e-ee~r~te~o~ ed ° ~-..,-tJie;o6ce-a+wl-8rde.~~-(tnd
Eeiisfiit+tte , that-~med paFty--►eade
v4e4atien-
I~C. Tssuance of a notice and order iri no way limits the City's authority Co issue aflotit,=e-e€
u4elatiefl-et-stop work order to a person pre•viously cited 'lhrough the notice and order proeess
puisuant to this article. (Orci. 04-013 § 1(1.20.21), 2004).
10.30:360 Notice and oi•dcr - Contcnts.
The notice and order s1.ta11 contain the followin, infnrmation:
A. The address, when available, or location of the violation;
B. A lebal description of thc real propcrty or the Spokane County tax parcel number where the .
violatiotl oceurred or is locatccl, or a description idenrifying the property by cammonly used '
locators'.
-
_
C. A statement that the Ciry has found the named person(s) to have cotnmilrted a violation amd a
brief description of tlie violation(5) found;
D. A statement of the specific provisinns of the ordinance, resolution, regulation, public rule,
permit condition, notice and order provisian or stop work order that was or is being violatecl;
. E, a statement thai a civil penalty is being assessed, including the dollar amount of the civil
penalties per separate violaCion, and that any assessed penalties must be paid within 20 days of
service of the notiee ancl order;
F. A statement itclvising thAt any cdses ofi ettforcement inc;urred by the City shall also be assessecj
against die person to whom the notice and order is direcled; .
G. t1 statcment that payment of the civil penalcics a.ssessed under this article daes not relicve a
person found to be responsible for a codc violation of his or her dttty to conect the violation
andlor to pay any and all civil penaliics or other cosC :jssessrnents issued pursuant to this article;
k-`.. ;;"fiemefit-PANi.9i}g-tahat-the-€tot:iee-atti-eader-wi4d-Uei^-ri;e
Spok-afr°~~y audite---- ----q_e... Eo-semc-e;
~[ii. r1 statement of the correctivc or abatement aetion required to be taken ancl that all required
pertnits to perCorm the corrective action must be obtnined fi-om the proper issuing agency;
14. A statement advising thae, if aiiy required work is not commenced or completed within the
~ time specif+ed by the notice and order, the Cil'y may proceed to seek a judicial abatement orcler
frorn Spol:ane CounCy superior court to abate the violAtion;
~.TK. A statement advisinb ttiat, if any assessed penalty, fee or cost is not paici ort or befpre the due
date, the Lity may charge the unp<<icl ampunf as a lien atainst the pmperty where the codc
• violaCion occurred if owned by a Eaerson respnnsible for a violadon, ancl as a joint and several
personal obligation of all persons responsible f.'or a code Wiolation;
I ic~,. A statemenC aclvising that a.ny pei-son named in the notice anc3 order, Qr having any recorcl or
equitable citle in the property against which the notice and order is recorded may appeal from tlie
noticc ancl order to the hGarinb examiner within 20 days of t11e date of service of the nocie;e and
order;
I f~M. A statement advising that a failure to cnrreec the violations citcd in the notiee snd order
could leacl to ttie denial of subsequent Spokane Valley permil applications on the subject
nroperty;
I NI'N. A sta[ement advising that a failure lo appeal the notice and order within the appJicable time
limits renders the notice and order a final determinalion that the condiYions described in the notice
and order existed and constituted a violation, and dhat the namecl party is liable as a person
responsible for a violation;
.4 statement advising the person responsible for a code violation of his/her duty tA notify the
City of any actions taken to ach.ieve compliance with ttic notice and order; and
_ ,
~ OP. statement advising lhat a willful and knowing violation may he referred to the office of the _
city attorney for prosecution. (Ord. 04-013 § 1(1.20.22), 2004).
10:30:370-Natiee-anle}de--Reeer-ding.
A. . ,
. iens-~pee-i~1-~~e-~ot~~e-eii<!-ca~~ler-t~a~e-beerr~er-r~c~;e~-c3r-cib~~ec~-to-tl3e
f ,.+.hn r•i,,~ ther,;ty ;t 4"e4SPUk~tie-Ce'u~
g .
of the-p. - ,
tf-opR-►-id-aiyi}-pemities-€er-wkrieh-Wens--hz►ve-beeF--~tleQ-afred 611 *s* d:n,. if-~o, sE3aa-1
vvcr*CmT'[e'.aTT°e-RTBcriii~.; PrvYeF!-t.
C. :±fte , . , , . fri+sFHBHe~-tr~{32Et-w~tti~-E~lfi
~c~M~tte-C-taat~t-;~~tr~•N:a~-~-o~ree-w•i~fr". -
4{ 4 :2~9.23-},~lA~}
10.30.3$0 Notice and order- Supplementation, revocation, modificadon.
I A. The Git;-director may acid to, revake in whole or in part, or otherwise modify a notice and
order by issuing a written suppleinental noiice and order. The supplemental notice and order shall
be governed by the same procedures and time litnits applicable to all not•ice and orders contained
in Chis article. . .
~ 13. The C4director may issue a supplemcntal notice and order, or revoke a notice and order is5ued under this article:
l. If t:he original notice and order was issued in errar; •
2. Whenever there is new inforrnaCion or change of circumstances; or
3. Cf a party to an order was incorrectly named.
C. Such revocation or modifcation shall identify tlie eeasons 1nd underlying facts fbr
modificstion or revocation, and shall be filed .vith the Spokane County auditor's office. (Ord. 04-
013 § 1(1.2024), Zooa).
10.30.390 \`otice and order - Adrninisl'rative c:onference.
I An informal aclminisl'rative conference may be conducted by the C-A}dii-eetor at any time for the
purpose oF facilitating communication amono concernecl persons and providing a fnrum for
efficient resolution,of any violation. Interested parties shall not unreasonably be escluded from
such conferences. (Ord. 04-013 § 1(1.2025), 2004).
10.30.400 Noticc and ardcr - Remedies - Sospension, revocalion or limitation of permit.
I A. The Gitydirec;tor may suspend; revoke or modify any permit issued by the City whenever:
l. `rhc permit hol<ler has committed a violaCinn in the course of performing activities
subject to that perrnit; `
.
2. The permit holder has interfered with the aut.horized representatives ofthe City in the
performance nC his or her duties related to that pcrmit;
3. "1"he permit was issued. in error or on dle Uasis of malerially incorrect information
supplied to the City;
4. 1?ermiC fees or costs were paid cO the City by check and returned from afinancial
institution rnsrked nonsufficient fiinds (INSr) or canceled; or
5. I'or a permit or approval that is subjeel to serisitive area review, t'he applicant has failed
to disclose a change of circumstances on the development proposal site which ►naterially affects
an appliclnt's ability to meet dle permit nr approval cqnditions; or which makes inaccurate the
sensiCive area study that «<as the basis for establishing perniit or approval conditions.
B. Such suspcnsion, revocation, or moclifeation shall be carried oul fhrougtt the notice and order
provisions of this article and shall be effect.ivc uhon dhe compliance clate established Uy die notice
and order. Such suspension, revocstion or modification may be appealed to the hearing examiner
using the appeal provisions of this article.
I G\onvidistanding any other provision of this article, the 6ityclirector may immediately suspend
operations under any perrnit by issuing a stop work order. (Qrd. 04-013 § 1(1.20.26), 2004).
10.30.410 Notice and order - Rerriedies - Dc.ni91 of pcrmit.
~ A. The C-tydirectcr may deny a permit when, with repard to the site or project for which the
pennit is submil,ted:
l. Any person owning the property or submittinu the development proposal has been
~ found in violation of any or<lir►ance, resolution, 'regulation or public rule of the City that regulates
or protects the public hcahh, safety and welfare, or ehe use and development of land and water;
and/or
2. Any person oNvning the property or submitting the developmenC proposal has becn
found in violation and remains in violation of the conditinns of any perrnit, notice and order or
stop work order issued pursuant to any such ordinaitce, resolution, regulation or public rule.
B. In orcler to furtJier the remedial purposes of this article, such denial may continue unlil lhe
Iviolation is curecl by restoration accepted as complete by the C-tydirector and by payment of any
civil penalty imposcd for the violation, escept thac permits or approvals shall be granceci to the
-estent uecessary to accomplish any requircd restoration or cure. (Ord. 04-013 § 1(1.20.27), 2004).
J.0.30.420 Notice and order - Remedies - Abatemeiit.
~ ln addieion to, or as an alternative to, any other judicial or aclministrative remedy, the C-itydirector
rnay use the notice and order provisions pf ihis ar[icle to order any person responsible for a code
violalion t:o abate the violation and to complete the work at such time and under such condilions
~ as the C-itydirector detennines reasonable under the circumstances. Lf the reyuired corrective «<ork
. is not commenced or completecl wit.hin the tirne specified, the City mxy seek a judicial abatement
order pursuant to this article. (Ord. 04-013 § ](1.20.28), 2004).
10.30.430 Stop work order - Authorized.
. 7'he Gi4ydirector is authori2ed to issue a stop w•ark order Io a pcrson responsible for a code
' violation. Tssuance aF aaetiee-E)~vialat+en er-notice and orcier is not a condition precedent to the
issuance of the ston work order. (Ord. 04-013 § 1(1.20?9), 2004).
10.30.440 Stoli work order - Eff'ect. ~
A. A stop «rork order represcnTS a determination that a code violation has occurred or is
oceurring, snd chat any work or activicy that caused, is causing or contributing to the violation en
tlie pronerty where the violatiAn has occurrecf, or is occuning, must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on the
nanied properly. Work activity may not resume umless specifically aulhorized in writing by the
C ity.
C. A stop wrork order may be appealed according to the peocedures prescribed in tttis article. D. Fai7ure to appeal the stop work order within 20 clays renders the stop work order a final
de[ermination that the civil code violation occurrecl and lhat work was properly ordered to cease.
E. A stop work order may be enforced by the City police. (Ord. 04-013 § 1( I.2030), 2004).
10.30.450 Stop work order - I2emedy - Civil penalties.
A. in additian to any other judicial or aclministeative remedy, the City may assess civil psnalties
for the violation of any stop work order according to the civil penalty schedule established irl
SVIviC 10.30.470. B. Civil penalties.for the violation of any stop work arder shall begin to accrue on the first cfay the ,
stop work order is violated and shall eease accruing on the day Che work is actually stopped. :
C. Violation of a stop worlc order shall be'a separate violation fmm any other code violation.
(Ord. 04-013 § 1(1.20.31), 2004).
10.30A60 Stop rr-orl: orcler - l7emedy -Cc°iminal pcnalties.
ln acidition to any other judicial or administrltivc remedy, tt►e Ciry may i'onvdl'd to t11C UffiCe Of
city attorney a cletailecl factuzl background of't•he allegeii violation with a recommendation that x
misdemea.nor charae be fileci a~;ainst the person(s) responsiblc Fc>r any willful violation of a stop
work order. (Orcl. 04-013 § 1(1.20.32); 2004). ~ .
10.30.470 Civil penalties - Asscssrnent schedule.
A. Civil penalties for code violations shall be imposed for remedial purposes and shall be
assessed for each violacinn identified in a notice of violatian, notice and order or stoj) work order,
pursuant to the follotving schedule: .
1. Nagv-e-e .
-1-Notice a.nd orders and stop work orders:
' a. Basic initial penalty: S500.00
b. AcEditional inilial penalties may be added where there is:
i. Pub(ic health risk - amnunt depends on severity: $0 - 2,500
i i. Environmerital dvnaoe - amount depends on severity: $0 - 2,500
,
iii. namage to property - amOunt depends nn severity: $0 - 2,500 -
- iv. Histoiy of similar violations (less than three): $5000 --1-;00
A
v. History af sirriilar violations (three or rnore): $9-45;0882.500. ,
vi. Cconomic benefic co person responsible for violxtion: $9-5,000
c.1'he above penalties inay be offset by the following compliance:
i, rull compliance with a valuntary compliance agreenlent with prior history of _zero to one similar violations: $0 - 1;500
ii, Full compliance widi a voluntary compliarice acgceinent and a liistory of two _
or more prior similar violations: $0 -~385QQ.00
B. 'I"he total inicial penalties assessed for notice and orders and stop work orders pursuant to lhis
article shall apply for the frst 30-cfay pcriod following issuanci: of the order, unless anotlier time
period is specified in a. vnluntar}' compliance agreement. xI€°-s•^'•~'^,~,
. HPt eHtI?EtifflO p@l=tE?~~ £uzs•l : r"--cic`~cr-it}i'frpE`m-A}:ic•• P^~ rt,~ .,oxr 15 diky
pBHW-s"h"-~b!. 150 . o t 44! 8-tFt , .
sHall be-?9a-per-ee*E4h e-ar6et+af e=P Cl-i e-initit.~l-Tle~al6es.-T-lie-intenEE,bs et3t.aa+i-+°r;~,4;;eueaa
. penAies-beyand the N--penaai•it;z s_azed as-aii -rtio« i , hieye-t~,e{y tnefins ea~4Bee,
C. `1atiee-ef vio4atEnn-sWl-l3e-st+bjzet-ss-a-etle6me-penWya1 z-it ien=1=4i d-Gi-ly-f etams
aut~,ej..•~~~.~-subsequz+i r-st~p-we
!fl-thitl-event, "Idicienal s sha-beampesed-
~ D. Civil pentGltics shall be paid within 20 clays of service of the eotiae-of-v-ia4fl4e+~-notice and
ordcr or sto~) work order if nol appealecl. .Payment of the civil penalties assessed under this arlicle
docs not rclieve A person found to be responsible for a code vialation of I.1is or her duty to correcC
the violation and/or to pay any and all civil penatties or other cost assessments issued purSUanC to
this aiticle.
E: `I'he City may suspend civil penalties if the person respoiisible for a cnde violation has entered
into a valuntary compliance agreement. Perialties shall begin tn accrue again pursuant to the
terms of the voluntary compliance aareement if any necessary pennits applied for are ctenied,
canceled or not pursued, eT--if corrective tickion identified in the vnlun[ary compliance agreement
is not cqmpleted as specifecl. or i1'the nronertv is allowecl lo return to a condition similar to l'hat
condition which ~ave rise to the voluntarv compliance aareernent. •
F. Civil penalties assessed creace a join[ aitct several psrsonal nbligxcion in all persons rasponsible
for a code violation.
G. In addition to, or in lieu of, any other state or leeal provision for ttie recovery of civil penaleic5,
chc Ciry rnay file for record with t.he Spokane Cotutty auditor t:o cl3im a lien F1g3LI15L LIlB feaI
properl:}' for cMe civil penalties assessed uncier Chis article if tlie violation was rcasoriably related to
the real Froperty. Any such licn cAn be filed u.nder this art.icle if, after the expiration of 30 clays
from when a person responsible for it code violation receives tlie ftoi:' notice and
nrder or s[op work order (excludinb any appeal) and any civil penalties remain unpaid in whole or
in part. (Ord. 04-013 § l(1.20.33), 2004).
. 10.30.480 Civil penalties - Duty to comply.
_ Persons responsible for a code violaeion have a duty to notify the City in Nvriting of any actions
taken to achieve compliance wiCh lFie notice and order. Fnr purpases of asse.ssing civil penalties, a
' violation shall be considered ongoing until the person responsible for a code violation has come .
into Compliance with the notice and orcler, voluntary compliance agreement, or stop work order,
and ha,.s provided sufifieient evidence of such compliance. (Ord. 04-0t 3§ 1(1.20.34), 2004). 10.30.490 e:ivil penalries - Community set-vice.
Tlie City is authorized to allow a person responsible fQr a c;ode violation who accumulates civil
~ penalties as a result of a-nUFke-ef uiolatiatr, notice and order, or for failure ta comply with the
terms of a voluntary compliance agreement, to voluntarily participate in community service
projects in lieu of paying all or a portion of the asscssed eivil penalties. C:omrnunity servic.e may
include, but is not limited to, abatement, resloration or education prograns designed tn clean up
the City. The amount of community service will reasonably relate to thc comparable value of
penaIties a,ssessed against the violator. The rate at which civil penalties are worketl off under this
subsection is $10.00 per hour. The City shal( take into consicieration the severity ofthe violation,
Etny history of previous violat:ions and practical and legal impedimcnts in considering whether Co
allow cammunity service in lieu ofpayina penalties. (Ord. 04-013 § 1(1.20.35), 2004).
10.30.500 Civil pcnalties - Waivers.
A. Civil penalties may be waived or reimbursed to the payor by the City under the following
cireumstance,s:
- ~ 1. The ffet+ee-of-~e►~,-notice and order or stop work order was issued in crror;
2. The civil penllcies were assessed in error;
3. Notice tailecf to reach the property owner due to unusual circumstances; or
4. New, material information warranting waiver has been prESented to Che City since lhe
~~a~e-e~walatie►~noCiee and order or stop work erder was issued. .~13. The C4tydirector shall state i.n writing the basis for a decision to waive penalties, and such
statement shall Uecome part of the public record Lmless privileged. (Ord. 04-013 § 1(1.2036),
2004).
10.30.510 Civil penalties - Critical areas.
A. T}tc complilnce provisioos for critical areas arc intended to protect critical areas and the
gcneral public frOm 6arttt, to meet the requirzntenfs of Chapter 36.70A RCW (thc Growth
Vlviagerrienl A.ct), vid tq further ttie remedial purposes of this article. To acliieve this, persons
responsible for a cotle violation will not only be requi.red to resthre daniageci critical areas, insofar
as that is possiblc anci beneficial, but will also be required to pay a civil penalty f'or the redress of
ecological, recreaCional, and economic values lost or damaged due to their unlawful 3ction. ' .
B. The provisions of this scction are in addilion to, and not in lieu oF, any otfler penalty, saneCion
or right of action provided by law for other related violalions.
C. Where feasible, ihe owner of the laiid on which tiie violaCion occurred shall be named as a
party to ihe notice and order. ln addition to any other persons who may be liable for a violatiott,
and subject to the c.cceptions provided in t]iis article, the owner shall be jnintly and severally
liable for the restoratian of a site And payment of any civil pcnttlties imposed. ,
D. ViolAtion of critical area provisions of this codc me~ms: .
1. 7%ie violulio~2 of any pruvi~ion of Chapter 10.20 SI!A1C, Article LCI, CrilicalAreas, or
of the adniiriistraiive rtrles prornrilgated tltereiuitler. 7'!ie nrdinattce cotlified iir Cliapter 10.20
SViVIC, Article .I.[.I, Cri[icrd Arens, aclopted Cfrrrpter 11.20 oj 11ie Spokane Valley Municipal
Curle 10.30.520 .Spokcrne Cocucty Code «s Its iirterirn crilicul arens regulatiwn.r,
2. `I"he failure to obtain a permit requircd for work in a critical area; or
3. The failure to comply with the condit:ions of any permit, approval, tenns and
conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or
bindinb assurance, or any notice and order, stop work order, miCif'ation plan, contrac[ or
agreement issued or concluded pt►rsuanC Co the above-mentionetl provisions.
E. Any person in violation of Chapter 10.20 SVIv1C, A.rticle [[l; Critiea.l Areas, may be subject to
civil penalties; costs and Cces as follows:
1. According to the civil penalty schedule under SVMC 10.30.470; provided, that the
exact amount of the penalCy per violation sh<<Il be determined by the City based on the physical
exteni anci severiry of the violaCion; or
2. 1'he greiiter of:
s. An amount determined to be equivalcnt to the econnmic benefit dhat the persnn
responsible for a code violation derives from the violation; measured as the total of: .
i. 'Che resulting inerease in market value o.f.'the nroperty;
ii. Thc value received by the person responsible for a violation;
iii. Tbe saviiigs of constriaction c4sts realized by the person responsible
for a code violatioil as a result of performirtg any act in violatien of Chapter 10.20 SVIv1C, Article
lll, Critical A_reas;or
~ b. Code complianec costs (such amounl' noC to exceed $25,000) ineurred by the
C~ City to enforce the orctinvice codified in Cliapter 10.20 SViVIC, Artiele TII, Critical Are<<s, as
adopted or hereafter amended nr replaced with permanent eritical areas ordinances or regulations
against the person responsible ior a code violation. (Ord. 04-013 § 1(1.20.37), 2004).
10.30.520 Cost recovery. ,
A. [n acttlition to the other remedies available under this arlicle, upon issuance of a notic;e and
order or stoEa work order the City shall charge the costs of pursuing code eompliance and
abatement incurred to corcect a code violation I;o the person responsible for a code violation.
'C'hese charges include:
1. Tteasonable Legal fees ancl Costs. For purposes of ttlis section, "re3sonable legal fees
and costs" shall inclucle, 1wt are not limited l'd, Iegal personnel costs, bbch direct and related,
. ~ ineurred to enfbrce the provisions of Uhis article as mav he allowed bv law: and
2. A.dministrative Personnel Costs. For purposes of this scction, "administrative
persorinel costs" shall inclllcle, but are not limited la, ticlministrative employce costs, both direct
and related; incurred to enfbrce the provisians of t:his article; and
3. Abaternent Costs. '1"he City Shal) keep ui itemized account of costs incurred by the
CiCy in the abatement of a violat:ion under this aiticle. Upon completion of any abal:ement Nvork,
the City shall preparE a report specifying a legal c[escription of the real praperty where the abatement work occurrecl, the work done for eaeh property, the itemized c;osts ot' the work, and
inrerest accrued; and
4. Actual expenses and costs of the City in preparing notices, specificatioiis and
conCracts; in accomplishing or contractinj and inspecting the work; and the coses oF any required
~ : printing, mailing or cou.rt Filing fees.
R. Sueh costs are due and payable 30 days from mailing of tlie invoice.
C. All eosts assessed by the City in pursuing code compliancc and/or abatement create a joint and .J
sevcral personal obligation in all persons responsible for a violation. Thc offiee oC the city
at[orney, on behalf of the CiCy, may collect the eosts oP code cnmpliance efforts by any .
appropriaYe legal means. '
17. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City
may, after abating a violation pursuant to this artic;le, fi(e for record with the Spokane County
auditor to claim a lien aDainst the real property for the assessed costs identified in this article i.f
the violation was reasonably related to the real property, in Accordancc with the provision
~ regarding mechuaic's lieri.s in Chapter 60.04 RCiY, und said lien shall be foreclosed in the same
manner as such liens.
E. Any lien filed shall be suborclinate Ca all previously existing special assessment liens itnposed
on the samc property itnd shall be superior to all ocher liens, except for state and county t•a.Yes,
with which it shall share prierity. °1'he City of Spokane Valley may cause a claim for licn to be ,
filed for record within 90 days firom the lacer nf the date that the monetary penalty is due or the
date the worlc is completed or the nuisanae abated. The c;laim of lien shall contain sufficient
~ information regarJirig t.he noCice af~~~and order, a deseription of the property to be charged
wiih the lien, the owner of record, and the total of the lien. Any such claim of lien rnay be
amended from time to time to reilect changed conditions. Any such lien shall bind the affectecl
property for the period as provided for by state law. (Ord. 04-013 § 1(120.38), 2004).
10.30.530 Collecdan of civil penzlties, fecs and casts.
The City may use the services of a collection agency in order tp collect any civil penalties, fees,
costs a.nd/or interest oNvini; under this article. (Ord. 04-013 § l(1.20.39), 2004).
10.30.540 AbaCement. A. T'mcrgency Abatement. Whenever a condition cnnstitutes an ini.mediaCe threat• Co the public
hcalth; safety or welfare or to the environment, the City may summarily and without prior notice
1bate the condilion. Notice of such abateiuent, incluciing the reason for it, shall be given to the
person responsible for the violation a-q s4on as reasouably possible after the abatement.
B. Judicial Abaterrienl. 'I'he City may seek a judicial abalement order from Spokane County
superiqr court, [o abate a condition which continues eo be a violation of this codc where other
methods of remedial action have failecl co produce compliance.
C. The City shall scek to recoWer the costs of abatement as authorized by this article. (Ord. 04-
013 § 1(1.20.40), 2004).
10.30.550 Code compliance abatement fund -Authorized.
All monies collected fi•om the assessment of civil penalties and for abatement costs and Nvork
shall be alloe<<tEd to support expenditures for abatement, and shall Ue accounted Far th.rough either
creation of an account in the fund For such abatement costs, or other appropriate accounting*
mechanism. (Ord. 04-013 § 1(1.20.41), 2004). .
,
10.30.5E0 Adrniriistrative appeals - Standing - Filing reqttiremenYs.
A. Any person issued anetiee-ofia noticc and order or stop work order, and
nny otvner of the land where t.he violation for which a~etiee efyielation,-notice and order or stop
work arder is issued may file a notice of appeal of tlie following:
1. Netie-'-W€"•:"i^~
Notice and brder;
-32. Stap work order.
B. A compkainant wha requests to be kept adviscd rnay appeal a dctermination of compliance by
the Cit:y.
C. A person that daes not meet the requireznents of subsection A or 13 of this section does not
have stAncling to appeal under Chis article.
D. Any persou filing an appeal under this article Nvho was issuecl a j r notice
and order, or is the owner of the land where the violation occurrecl, shall do so by obtaining [hc
appeal form from t:he City and filing the completed appeal form within 20 days of service of Ihc
ftet:iee-eP vielatioH-iiotiee and order oe stop work order. Failure to someal the nn[ice and ordee or
stoo worl: orcler within the aoolicable rime limiis shall render the uotiec and order or stop work
orcter a final derermination tliae the conditions descrihed in the noeice and order existed and
constituted a violakion, and that the naned nartv is liable as a aerson resoonsible for a code
violation. A complainant who appeals the determination of comnliance by the City must File any such appeal within 20 clays of service of the determination of comp(iance.
~ E. A.riy administrative appe_al considered under this tirticle will be deterniined by ehe hearing
I examiner pursuant to Chitpter 10.35 SVV1C, t1r[icle I. iis adonted or hereaf[er amended. unless in
conflict with specifc provisions of this article, in wh.icti case the specific provisions of this article shall control. (Ord. 44-013 § 1(1.20.42), 2004).
10.30.570 Adroinistrafive appeal -Noticc of he:u•ing.
Upori receipt of a notice of appeal, the City shall pravitle a hearin~ notice stating the time,
~ location and date of lhe hearing on the issiles ident:i.fied on the flease-ef-'~'fo}stienr-notice and
order or stop worlc orcler. Thc City shall mail Chis notice by certified mail, tive-ctay retuni receipt
requested, to the person(s) responsible for a violation. (Ord. 04-013 § 1(1.20.43), 2004).
10.30.580 Administrativc appe:il -Procedures.
A. The appeal heiLring shall be aonducted as provictcd for in the ordinanee eoclified in Chapter
1035 SVVIC, ;lrticle I, as adopted or hereafter amended.
B. Enforeement of any notice and orcler of ihe City issued pursuant to this article shall be stayeci
during the pendency of any aclrrtin..istrative appeal except when the City determines lhat the
aiOlAtion poses a signifCant tt1reat Of immediate and/or irreparable harni and so states in any
noi.icc snd order issued. C. I-Fnforcement of a.ny stop wprk order issued pursuant to this article shaIl not be stayed during
the pendency of any administrative appeal under this articlc.
,
~ U. NVhen multiple ffetiees-of-v+elat-tof*.-notices and order or stop work orders httve been issued
simultarleously f'or any set of facts constiCuting a violation, only one appeal of all the enforcemenl ;
actions shallbe allowctl. (Ord. 04-013 § 1(1Z0.44), 2004). "
1.0.30.590 Administrative appeal-Finxl arder.
A. Following review of the evidencc, t:he hearing examiner shall issue a written order containing
~ findings and conelusions, and shall aff irm or modiiy the iietiroe , notice ancf order or
stop work orcler previousl}' issued if Che hearing examiner £nds that a violation has accurrecf. The
hearing examiner shall uphold dhe appeal and reverse the eiteAioti-e~ notiee and order or stoo wark
order if the exarniner finds that no viotation occurred.
B. Tf an owner of property where the violation has occtu-red has affirmatively demonstrated that
the viola[ion was caused by another person or entity nnt the agent of the properfy owner and
widiout the owner's knowledge or consent; such property o-.vner shall be responsible only for
abatement of the violation. Strict compliancc with penniC requirements may be waived regarding
the perfnnnance of such abatement in order to avoid doing substantial injustice to a nonculnable
propsrty owner.
C. The heitring eYaminer's final order shall be final and conclusive Lmless proceedings for review
of the decision are properly comnienced in Spokane County superior eourt within the tirne periotl
spccified by applieable statc law.
I D. A final vrder by tlie liearing examiner affirming, revoking or moditying a net'tee-efviektEier1;
notice and order or stop work order is a final dccisinn. (Ord. 04-013 § 1(1,20.45), 2004).
. ~
10.30.600 Judicial enforcement- Petilion far enforcement.
A. [n acldition to any other judicial or aclministrative remedy, the officc of the city attdrney, on
behalf of the City, rnay seek enforcement of the City's order by filing apetition for eiiforcement
in Spokane Counry superior court.
B. `I"he petitioti must name as respondent ear.h person againsl' whom thc City seeks to obtain civil
enforcentent. C. A petition for civil enforcement may request mone.tary relief, cleclaratory relief, temporary or
pemianent injunctive rc;lief, and ar►y odier civil remedy provided by law, or any combination of
the foregoing. (Ord. 04-013 § 1(1.20.46), 2004).
_ ~
:DRAFT 1.2/29/05
Spoka.ne . J
- ..f Vall.ey Administrative Poli.cY and Procedure
SCTBJFCT: COl)E COMPI.IANCF POl,1ClES AND P1tOCFnUItE S
- Mttnual Section: Poliey \io. Pages:
E1Y'ective Date: Supersedes: I`TA
DEVeloped by: Depariment Head Approval: City Manager Approval:
Mike Connelly, City Attnrney
1. PURYOST: Implement SVNZC Sections 7.05,7.10,10.05,10.15 10.20, 1.Q.25,
10.30150-600, Tnfurcement of Development CUde and Nuisance Violations.
2. R.FFERENCES
SWi IC, SVNiC 7.05, 7.10, SV1viC 1.0.05,10.15,10.20,10.25,10.30.1.50 - 600, RCW 7.43, ,
Injunctions-Drug Nuisances, RCW 7.48 vuisance, RCVV 9.66 Criminal Nuisancc,
RCW 16.74 Statc Dcpartmeut of Health authority re: infected/d is eased pets.
- -
3. 12TSPpVSI131LITT_ES
Thc D'u•ector of Commuiiit:y Development or his/hcr desibmee is responsible for the
enforccrnetit of non-crimi.nal code Provisions for khe City of Spokane Vallcy.
The F3uilding Official is responsible i'or enforcing the provisions ofl:tie building code.
The City Attomey or .h..is /her designec is responsible for advising the Director of
Commuliity Development and the Building Official ancl representing the City o.f. Spokane
Valley in all enf.orc;E:ment actioas.
4. STA'I'E1VIENTS QF POLICX AND P170CFnURE
A. INVESTIGt1TION:
1. The City of Spokane Valley will investigatc potential development cocte or
nuisance violakions, at the direction of the Director of Community
[7EVelnpment or !us/lier designec under the authority of the City Vtanager and
Deptrty City Manager. N0 other City employec has the authority to authorize
such an i.nvesdgatinn. Investigations.will bc eitlier:
. ~
.rorcy Psgc 1 of a
Policy Nv.
a. Thc result of complaints that are well founded as determined
by the Director of Community ]aevelopment or his/her
- designee;
b. the result of well fotmded observations by City employees,
employed, in part for this purpose, andlor appropriate third
party agencics as determined by the Dircctor of Corruni,uuty
Developmc.nt nr his/her designee, or
c. As part of a comprehensive compliance effort direeted by the
City Managcr, laeputy City Manager andlor City Council.
2. Investigation doctunents and related materials shall bc mauitained in an
ofFic:i.a1 file by ttie Director of Community i7evelopment or his/her designee.
3. Complauits shall be filed on the form attached as Attachment A. The
request of a complaining party to maintain confidential.ity shall be honared,
particularly in the case wliere the complaining parly identiFes a fe_ar of
damages to pecsons or property that would res«1[ from the disclosure, iulless
such action would be contrary to law. The complaint form shall be available
to the public al the 1'etmit Center, the City Reception nxea, the City Clerk's
o:Cfice and the City's `VL$ pa„c.
4. Cemplaints Nvill qnly be considered if submitted in writing unless the \condition camplained of constitutcs an immeciiate threat to the public health, safety or welfare or to the environ.ment as determined by the Director of
Commuiuty Development or his/her designee.
5. Anonymous comPlaints will be accepted. 6. The City shall provicie an uutial response to written complaints; however
the City may or may not take any action as a result of any specific complaint.
7. 1,Vhilc investigating complauits the CiCy's code compliance officers may
view the subject prnperty fiom any public right of way, or with the permission
of adjacent or nearby property oNvners, from indoor or outdoor living areas or
walkways ou adjacent or nearby property. This pcrnussion shall be obtained
in wciting in afonn attached as Attachment B. 'I'he same rules of disclosure
set forth above with respect to complaints filed shall apply.
8. NNThile investigating cnmplaints the Cily's code compliance officers may further view the subject propcrty from any private roadway createci as part of
a Planned Unit Devclopment or wherc the-city has the right of ingress and
ecress for thc purposc oCinspccting, maintauung and/or repairing any City
facility or structure or pursuant to any rights created by the issuance of a City
,
Policy Pagc 2 of 4
Policy No. , ,
. permit. The City code campliancc officer may utilize aerial photographs and
internet in:Pormation available to the general publ.ic.
9. City code compliancc officer's cantacts and actions shall be logDed and
records maintained in the official f le.
10. Photao aphs taken by City code comPliance officers sball be properly
authenticated clearly ideutit'ying the lime tlie photograph Nvas taken, the
location and point of view.
11. Taoctunents received shall be date stamped upon receipt.
R. ENTRY ON`1"O PROI'LRTY . l. Emergency condiCions:
a. City code compliance officers shall take all reasonable steps to
obtain pernussion to enter prior to cnaking any non-pennissive entry. .
b. City cocie compliance officers may, without pcruussion, crnss onto
privatc property solely for the purpose of abating a conditian that .
constitutes an immcdiate threat to the public health, safety or welfare
or to the envirorunenl. An}= actions taken should approxi.mate the
minunum action necessary to temporarily remove the imcnediate
direat. Yrior to tal:ing any action requiring cntry anto private property,
r.easonable steps should be takcn to contact the property owner to
dctermine whelher or not thc owner can abatc the immediale threat. It
is rccogni2ed that circuinstanccs may cxist where there may not be
• sufficient time to mal:e such a contact.
c. Doctulientation of any entzy including photob aphs when
appropriate shall be maintained in the official file.
d. At any time cnity is prolubitcd by an owner oz tcnaiIt or purported
owner or tcnant present at the site in question, City code compliance
officcrs shall not enter the property and shall refcr the matter to thc
appropriate law enforceinenl agency.
2. Non-emergency condiiions:
a. Perni-issive entry's onto property shall be documented and
maintauleti in the official file.
b. City employees shall not enter urto any dwelling "withnut being
accompanied by another City employee or other third party. .
. • c. Communications with a property oNvner or other party related to a
specific entry shall be documentcd and maintained in flie official file.
3. Enforcement actions:
a. Enforcement actions shall be pr.ocesseti in accordance with the
procedures set forth in SVIMC .
Pnlicy Pagc 3 of 4
Policy INo.
b. The Cit}, code compliance officers do not have the discrction to
waive any condition, standard or pcnalty set forth iu the abnvc '
ordinance.
c. VAlu.ntary Compliance AgrECCnents entered into pursuaiit to SVvIC
shall be substantially in the form as is seC forth in Attachment
C and may be cntered into witli any party at the discrction of thE
• dircctor of Conimunity Development or his/her dcsignee. t1 copy of
the Voluntary Compliance Agreement sha11 be provided to lhe party in
interest with aA7itten acl.-uowledgemcnt of the same. 'rhe ori,giuRl
. Voluntary Compliancc Agreement shall be maintained 'un the ofticial
file.
d. Judicial action may be initiated when a party fails to comply or pay
levied fines. Attach.tnent D contains standard t"brxn pleaciings for
enforcemcnt actions commonly filed in the Spokane County Superinr
Court. Attachment E contains standard form pleacting for liens and
attachments com.moiily filed in the Spokane County Superior Court.
e. F1fter judicial action has been initiated the City of Spokane Valley
may compromise any penalty, Fuie or condition i_F such agreeinent is
deemed to be in the best interest of the City.
5. ATTACHKTN1 S
1. Attachment A, Coniplaint Furm `
2. Attachmcnt 13, Permissioa to Enter lsnd
2. Attachmenr C, Voluntary Campliance Agreement
3. Attachmcnt ll, Staudard Form Pleadiugs for Enfarccment Aetions
4. Attachment E, Standard Form Pleading for Liens and Attachments
yol1ey Page 4 of 4
Policy No.
~ Attacllment A
crrv OF "
Spokme
Voley
, . . .
_C I T'_Z~E~N. AC.T~I O N _:~E.Q,,U'E:ST_:~_ _ _4 y`_- - City of Spokane Valley I Code Enforcement 111707 East Sprague Avenue, Suite 106 ~ Spokane Valley, WA 99206
, Phone (509) 921-1000 1 Fax (509) 921-1008 .
~ .
Act~ion 'Req uesfi. I nformatibn
Please complete all applicable informafion and return to the address above. You will be contacted if
additional iniormation is required. Response time varies according to workload. Provide all relevant details,
including the specific address of the subject property (one address per form, please).
Address of suspected code violation:
Property owner (if known):
. Name of resident (if known):
Summary of action request:
How long has the suspected violation existed?
1 . . .
' Citizen I1nf6rm8~t~ion
. ~ . _
Your name: Your email address:
Your address:
Your home phone number: Your work phone number:
Disclosure of Personal : Information
Disclosure of information revealing your identity will depend upon application of the public disclosure law, chapter
42.17 RCW, other applicable statutes, and the enforcement action taken by the City. Although City policy
requires a c'rtizen filing a Citizen Action Request to provide their name and other personal information, please
review the following means by which that personal information may be kept confidential:
0 I do not want my identifying information disclosed by the City because I wish to maintain confdentiality.
O I do not want my iclentifying information disclosed by the City because I fear for my life, safety, or property.
, . , . . .
. . . ,
. ;FOR_OFFIGfAL USE Q~NLY
'pafe received: ' : . . : . " Received-by: ' - ' _ ' ' . • . ' -
Gomr'iietits:'f - . . . ' , , ; . _ - • - ' , - i
' 'ri ' ' . - ' . . . ' ` ' . i
~ . .`s . , . - . ' . _ . • I
Attachment B
S~CITY oka w ne ~ Valley
,f
40;OoO 11707 E Sprague Ave Suite 106 ♦ Spokane Valley UJA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallpspakanevalley.org
• : _u~~~ . . . . . . .
, _~.....,r.._ ~
A'UTHO:R.IZA.T:[ON TO ENTER P:RQPERTY
nate:
hei•euy authorize (Tom Scholtens, Citiy o#'
SpokanE Valley Building Official), or ( ,
his designcc), to cnter upon my premises f'or thc purpose of
determining whcther (said premises) (ad.jacent pz•emises) are in
compliance with applicable codes, regulations, rules or
ordinances adopted by the City of Spokanc Valley.
. :1: certify that I am the owner and/or lawful tenant of t:his
property anci am authorized to grant such permission.
1. understand that i have a right to refuse to lct the Building
Official or designee enter thesc premises and waive that right
tu refuse entiry.
Praperfy Ownel•/tenant Address _ 'X~elephone
; -
Attachment C
,
~ - j ~tTV c~
e po n
. Valley
voUUnrrARv caMMANcE aGx~~~ENT -
ZONING CODE COVIPLIANCE
13ACKGROUND:
The Spokane Valley Ciq, Council adopted Spol:.ane Valley Nlunicipal Code provisions ] 030.150
- 10.30.600 to prqvide the City ~%rith autliority to adclress violations of the City of Spokane
Valley Code provisions. Spokane Valley Municipal Cocie provisions 10.30.260 - 280, establish
the abilily for the City to enter into a volunta.ry compliance ab eement with a. person responsible
for a code violation to address an identificcl vio.lation. The voluntary conipliance agreeuient has the folloNving l:ey characteristics:
~ 1. It is a written, signed cominitment b) r a Pcrson resPonsible for a code violatiou wlio agrees to
abale the violation, or remediate the site, or mitigate the imPacts of the violation as specii:ied
in the agreement.
2. By entering into avoluntary compliance agreement, the person responsible for a code .
violation waivcs the righc to administratively appeal, and thereby adnuts that the conditious
deseribed in the voluntary compliance agreement exisled and consticute a civil code
violation.
3. The voluntary cornplian.ce agreemenc is not a settlement agreernent.
. 4. Thc voltultuy c;twmpliance zgreeme•nt specifies the shAriest reasoliable time period for
cOmpliance, as deCerniinecl by the :Dir.ector.
5. Exteiisions of the time limit for campliauce, or a modification qf the required corrective
action may be granted by the Direc[or if the person responsible Cor the code vinlarion has
shovvn clue diligence or substantial progress in correcting the violation, but circumstances
render fiill and timely eompliaiic;e uncier the ori;inal eonditious unaltainablc, and furkher, any
such eatension or modification must be in writing and signed by the Director and person(s)
who sigued the original voluntary compliance agreement.
Giry of Spokane Valley F'ave 1 Voluntary Compliajice Agreement
Code L^"nforr,t;ment File Refercnce No. DATE:
Yi\'FORMATZON:
vA~:
S1TE A]aDRESS: •
PARCEL I~z4:
L:F'GAL 17ESCRIPT.I0N:
DESCRTPTION dF VIOLAT'I0h':
CODE PROVISTONS ViOLATED: RE-QUIRED CORRFCTIVE ACTION:
DATEJ'I'IME FOR CQMF'LETION OF CORREC'1°1VF- t1CTION:
AMOUNT OF CIVIL PLNA[.TY IF AGR.E-I-3-MENT NOT SATISFTED: Dollars.
AGREEiV.[F,NT:
PUT5L1aIlt t0 SVMC 1030.260 -10.30.280 thE following acknowlcdgments arz agneed to:
Ivitials Datc; A. I aCknbwledge that if the Tairector determines that [he teruis of the
voltuitary compliance agrecment are not met, the Cit}, may,
without issuing a ciiation; notice and order or stop work order,
impose any remedy authori7ed by this chapter, enter onto my rcal
property a.nd perform abatement of the violation by the City, assess .
the costs incurred by the City to pursue code compliance and to
abate thc violation, inchiding reasonable legal fees and costs, and ~
City of Spokane Valley . PaSe 2 Voluntary Cocnpliance Agreement
Cocle L•°nforcemenC F'ilc Reference No. DATF:
the suspension, revocation or limitaCion of a development permit
obtauied or to be sought by me.
Initials Datc
B. T acknowledge that if a penalty is assessed, and if any assessed
penalty, fee ar cost is not paid, the Director inay charge the unpaid
amount as a lien against me as the oumer of the proPerty where the
. civil code violacion occurred, and tliat the unpaid amount may be a
, joi.nt and several personal obligation of all persoiLS responsible for ,
the code violation. lnitials TaaCe
C. T acknowledge that by enteiing into ttle voluntaxy compliance
ageement, T admit lhat the conditions described in the voluntary
cornpliance agrcement existed and constituted a civil cocie
violation.
I.nitials Taate
U. I acknowledge that [ understand that 1 ha.ve lhc riglit to be
served with a citation, nqticc aiid arder, or stop work order :Eor any
violation identif ed in the voltuitary compliance agreemEUt; have
the rigirt to admuustratively appeal any such citatiQn; notice and
ordcr, or stop work order, and that I am knouringly, voluntarily and
intelligently tivaivuig [liose rights by entcring into this Agreement.
rAILuRFTO 1VEFT TE].2MS OF VQLLfi~TARY COiVU'I.:CA:\TCE
AG.REEIVIENT:
Pursuant to S VA1C 10.30.260-280, if lhe tcrrns of the voluntary compliznce agreement a.re not
completely mei, and ati extension of tuue has not been grantcd, the Director may enter tiie real
prnperty and abdte the violation without seek.ing a judicial abatemenl order. Tlie person
responsible for code complianc;e may, 'witliout being issuecl a citation, no[ice and o.rder; or stop
-work order, be assessed a civil penalt), as sct forth by this chapler, plus all costs inciu-red by the
Gity to pursue code compliance and to. abate lhe violation, and may be subject to other remedies
authoriied by tlus chapfer. Penallies imposed when a voluntary compliance agreement is not
met accrue from thc date i:hat an appeal of a,ny preceding citation, notice and order, or stop work
order was to have been f-iled or from thc date the voliultary conipliance ao eement was entered
into i.f there was not preceding citarion, notice and ordcr; or stop work order.
City of Spokane Vallcy Page 3 Voluntary Compliatice A;reemcnt
Cocte Bnforcemene File Iteference No. UA'I'E:
_ J
CODE ENrORCEMEN'l" OFFICk:R:
Signed this day of , 200_
Signature
PERS0iq RESPOi\'S1BLE FOI'crxE CODE VioLATioN:
Signed this day of , 200 .
Sigiiature -
•
City of Spokane Valley Page 4 Voluntary Compliance Ag•eement
Attachment D
~ .
~2 .
3
4
5 .
6 • '
_ 7 •
STT,P.ERIOR COIJRT, STA'TL OF WASH]1~tCTON, COUN'1`Y OF SPO.Kt1.NE
8 . .
9 CX 1"S.' OF SP0KANrhr V}tLLEY, a
10 muiucipal corporation, n`O.
' 11 Plaintifk; :
12 v. . SATTSF''AC I lUl~~ OF.TUDGi1ti~i~1'['
13 *pARJ.'MS' NANIES, and the anarital community comprised thereo.f.,
14 llefendants.
15
16 SA l' I:SFA CTI0N OT' ;J U.U G~I~I~+ NT
17 _ ' .
For and i.n consideration of the sum of lawful money of the Uniteci Statcs, to me in .
t8
hand aaaid by the above-named full satisfacti.on is hereby acl:xiowledged of that cerfain
19 ' ' . .
7udgrnent entered in the above-entitl6d Court in said action on the * day of 20 , in favor of
20 . ~ •
~ kereiu against and the Cle.rk of the above-entitled Court is hereby autharized and direetetl to
21
cnter SatisfacL'ion of Judgment of rmord in said action. 5
22 -
23 17ATED this day of , 20 .
24
COMPL.AJN'f FOR ABATEM-PwC Of WISruNCE 25 ANU FOR INJUN'CI'[VF, TLBLIEF - 1. ,
f, .
I
1 . 2 B y, f,
Name* .
3"
• 4 •
5
STATE OF WASHINGTON.) '
G . )
County of Spoka.ue
7
Ou this day of , 20 , beforc me persanal-ly appeac•ed
8 au individual, kuown or identi.~ied to me to be the persou whosc name is subscribed to the within
and faregoing SATISFACl'TONNOF JUDGMf.ENT, aud acknowledged fo me that hc'" valuntar.ily
9 exccuted khe s3cnc [as attorney of record for
10 l[NVMNESS WHER.FOF, I havc hercunta set my hand ancl a.ffaxeci my official scal the j 1 day a.nd year iu this ccrtircate first above writCe.n.
12
13
Notary 1?ublic for the State of Washington; 14 Resicling at County.
My comrni,ssion expires:
15 -
•
16
17 .
is I9 '
20 - . -
21
22 ' .
. 23
24
. ,
COI~IYLA INT FOR AF3ATEnViENT OP NUIS.KdCE •
25 qNq FOR NTUN'CTT1rF. ltLLILF - 2.
, _ . -
i. .
1 CE:F2T.MCATE Ol±ry SERVICE
' 2 I HI-RE13Y CFRTIFY that on the day of . 20 , I causEd a
3 ff.i--ue and correct copy of khe.foregoing to be served on ihe following by i:he rnethod uidicated:
4
U.S. Mail
5 * Recipieni's name anci address ~~d Deli~~ery
Overnight Mail
6 Facsunile: ( ) -
7
s 9
10 * Name
11 12 .
13
i • .
14
'
15
16
•
17
18 '
~
]9 20 ~ •
21 ' .
22 23
24 ~ .
COMf'L:IINT POR AAA1"E:MHWf OF N[JISANCE- ~
25 A-ND FOR RIJUNC'1'I Vt? ItELIEF - 3. .
, . .
- . ~
Attachrnent E
1
,l .
2
3 4 -
5 .
6 .
7
SiJPERIOR C4URT, STAT:L+" OF `VASM\TGTQN, COUN'I'X OF SPOKA1NT
8
9 CITY OF SPOKANE VA1111FY, a
10 Inun.ic;ipal corporatian, NO.
11 rlairiciFr,
12 V. C:LAi1Vi OF L.IEN ,
13 .*PART1LE5' iYAi'VLES, and the mariEal
, communit~, coinprised thercof,
' 14
De:fendants.
1s 16 ,
CLA1A7 OF LIEn7 17 , cla.imarit, vs. , debtor:
1S
~Notice is bereby given that the person named below clai.ms a lien piirsuanl t:o *chapter 64.04 19 •
RC1V. In support of this licn t}ie f.ollowing inforuiaiion is submitted: ,
20 .
1. NA:MF OF LIEN C:C.A-119ANT: -
21
22 T'EL1:1'HONE NTLRMBLR:
23 AD'1712ESS: '
24 • ' '
CO«LAMT F0_R Ak3ATEcffiNT OF NU1SA;VCE
25 AND FOR I'rF]UiNCI'IVE RTL.rFr - 1.
•
;
~
1 2. DATE ON WHTCH THE CLA-TiY1AN=1' BEGAIV TO PERF0121\1 LAB0R, F.ROVaDE
2 PROFESSIONTAL SNRVICES; S*[I!'1'r,Y MA,TERIAL OR EQUYPNZENT, OR THE DATE OI~T
3 Wr-ECH EVfiaLOYEE BEVEF.[T COMI"RIBU TIONS BECANTL DUE:
4 3. .NAlv]L OF FERSON lNDEBTE.D `l'O T.[3E CLA.Uvif1NTT:
5 .
4- DESCTtIf?nON" OF T.HE PROPEI2TY AGA.INST WBICI:C A LL`EN IS CT.,ATMFD (Street
6
address, legal description or other information. that will reasonably describe lhe property):
7
8
9 10 5. NAIvffi OF THE O`'VNE.R OR REFUTEq OWNTER OF THE P.ROPERTY DESCRIBFD
11 LN N0. 4, Af30VE (if not kcnow'u statc "unlcnown"): -
12 6. THE I,AST DATE ON WIICXT T,ABOR WAS PE12F~OI2iV1:L.D; PRO.F,ESSION?4L
. 13 SE,RVTCES 'VERE FU,RN.f.SFI]y,I7; COi~1TRIBV'fTOiVS T'0 A.N FMPLOI'EE I3LNEFIT PLAN
14 NVERE ]7OE; 0R M.A.'17E.[tLAL OR EQTJ1Y1v1EN'T VVAS FUTZylSl:lE17:
15 7. PRINC.TI'A:L A:MOi,TNT'T FOR WITCH THE LTFN l:S CI,AIMED IS:
16 8 `i"ffE CLATMAN`l, IS / IS N0T 1"It~: ASSIGNEE OF TMS CLAI:IvZ SO STA1E lmEtE:
17
18- .
19 Cl ai.m ant
20
21 Phone number, addre;ss, city, anci statc oI'claimant
z? 23
24 .
COIviPLrVN I' FOR ABATSMEe''' OF NUISANICE
25
AN9U NOR hNJUNCTIVE 12E[.I.P.[' - 2.
.
r
1 STA,TE OF WASl:31VGT0IN )
2 COLNTY OF ~ 3 being s-worn, says: T auz tlie claimant (or attozney of the claunant, nr
4 admi.nistrator, representative, or agent of the tiusEees of an employee benefit plan) above nameci: J:
have read or heard the foregoiug claim, read and inow the contents tliei-ero:f,, and believe khe s.me to
5 be ti-ue and corrcct and tha't the claim of lieu is nof f.rivolous and is made with reasonable cause, a:nd
is not clea:rly excessive undcr penalty of Perjiuy.
6
7 Subscribed and stivorn to before•me this clay of , 1.99*.
9
]0
11 Notary Public for:
Residing at:
12
13 '
14
15
]6 .
17 '
!8 . '
19
20
21
22 . .
23 ' ~ .
. ~
24
CQA4PLAI\TT FOR A.BATEibtENy`I' OW'N[JISANCfl ~
25 pND FOR INUUNC['CVL REI,IEF - 3. ti
l
r • i
1
~::N::r~r:~ricATE oF sE~zva:cL - ,
z
Z.HFRE~3 Y' CERT.T.FY that on the da}~ of , 20 , T caused a
3 true and correct*copy of the fozegoing to be served on the followula by the method indicated:
4
$ U.S. Mai1
Recipient's namc ancl acidress 17and I7clivery -
6 Overnigbt :Mail .
' Facsirnile: ( ) -
7 '
S
9
10 -
~ vame
li 12 13
14
' .
15
16
17 18 ' '
19 .
20 21 .
22 .
23
24
CQM:PJ..rINIT FOK ABA'CrM.TriYT OF NUISANCE '
ZS ANp POR T~i 1JiJi~IGTIVF RE11E,F - 4. j
. ~
. CITY OF SPOKANE VALLEY
,
Request for Council Action
Meeting Date: January 10, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent old business ❑ new business public hearing
D information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: Off-road vehicle use.
GOVERNING LEGISLATION: SVMC 10.30, Interim Zoning Code
PREVIOUS COUNCIL ACTION TAKEN: Memorandum from staff on September 27, 2005
addressing issue of ways to limit off-road vehicle use in City as it would apply to any property in
the City.
BACKGROUND:
The Council previously requested that staff propose a legislative revision that would address the
issue of riding off-road vehicles in the City limits. That previous discussion included a
suggestion fhat such a prohibition might take the form of identifying which zones in the City such
activity would be allowed or precluded.
Staff suggests the following definition of "off-road vehicle use" be considered for adoption as an
_ amendment to SVMC 10.30.060, which adopted the Interim City Zoning Code:
"Off-road vehicle use" is Che operation of any motorizeci vehicle, including but
not lirnited to motorcycles aticller all-terrain vchicles, on private property. for
recreational purposes. "I"his dcfiiutiou is not intencled to include velucles which
were designed/construct:ed far yai-d or garden work in residential areas.
The City has 16 zones in which 4he Council can consider prohibiting or permitting off-road
vehicle use. The zones are as follows:
- Rural Residential 10 (up to one residential unit per ten acres)
- Suburban Residential 5(up to one residential unit per five acres)
- Urban Residential 1(up to one residential unit per acre)
- Urban Residential 3.5 (up to three and, one-half residential units per acre) .
- Urban Residential 7* (up to six residential units per acre)
Urban Residential 7(up to seven residential units per acre)
- Urban Residential 12 (up to twelve residential units per acre)
Urban Residential 22 (up to twenty two residential units per acre)
- Business Zones 'f through 3(various types and intensities of commercial uses)
- Industrial Zones 1 through 3(various types and intensities of industnal uses)
- General Agricultural (limited to one area adjacent to Spokane River near Mirabeau)
- Mining Zone
OPTIONS: Instruct staff to revise the definition of "off-road vehicle use", identify which zoning
classifications, if any, the Council wants to prohibit off-road vehicle usage.
RECOMMENDED ACTION OR MOTION: NIA
BUDGETlFINANCIAL IMPACTS:
STAF.F CONTACT: Cary Driskell, Deputy City Attorney; Mike Connelly, City Attorney
ATTACHMENTS: ~
' -
1
Definitions of off-rnad or all-terrain vehiclc
iYormancly Yark
(5) "Off-road vehicle;" or "ORV" rneans any nonhighway vehicle when used for cross-c;ounlry
travel on h-ails or on any one of the following; or a combination thercof land,,water, snow, ice,
marsh, swamplancl, and.other nahiral te~~rain.
Spuk:ane
"Off road vehicle" or "ORV" rneans any nonhigliway vehicle when used for cross-counlry Cravel
on-trails or on iuiy one of thc following or a combin<<tian thereof: I..and, water, snow, icc, marsli,
swarnpland and other nattiral terrain.
Lvcrett
B. "Off road vehicles (ORVs)" means any motorized vehicle designed for or capable oFcross-
CUUilt.ly travel on or iiTimediately over land, w11'ef, Sii.Rd, snow, ICey IT1A1'Sll, swa.mplit]ld, or otlier
Ilahll'aI LCI'Cal(l. Tlle tCITIl 81CIUdES iifly military, fire, emergency, Oi law enforeernent vehicle when
use.d for enlergency purposes.
Bonncy Lskc
. A. "All-terrain vehicle" means any sulf-propelled vehicle capable oCcross-countr}° travel on or
immediately over any ane of the [ollowirtg or a combination thereof: land, water; snow, ice,
►narsh, Sw11l1PI111CI and other natural terrain. Such vehicles shall inelucie but are not limited to
four-wheeled vehicles, motorcycles, itmphibiaus vchicles, ground effects or air cushion vehicles
. and any other means of land transporiat.ion deriving motive power from any saurce other ihan
tnuscle or wind; except any vehicle designecl pri.rnarily fbr travel on, over; ar in I:he water, fai-rn
vehicles, logging vchicJes or any «iilitaiy or law enforc;emenc vehicles or firefighting vehicles.
This phrase specificall}' includes those nvo-wheeled vEhieles with engines of 50 cubic
centimeters or less displacernent, on a wheelbase of 42 inches nr less, ancl which are equipped
wit:h wheels of 14 inches or less rim diameter. The intent of this definition i5 to eneorripass all
veMicles meetinD the definition in this sectinn rvithOuC lirnitation.
Kirl:land
For the purposes of this ehapter, "all-cerrain vehicle" means viy self-propelled vehicle capable
of cross-county travel on or irnmediately over any one of ihe followina or a combination thereof:
lancl, wnter; snow, ice, rtiarsh, sNtiampland and other natural [errsin. Suclt vehicles $I13Il include,
huk are nol limite•d L'b, four-wheeletl vehicles, motorcycles, amphibious vehicles, ground effeccs or
air-ctishion vehicles, and any other means nf land transportation deriving mot:ive ppwer from anv
,oure.es other t}ian cr►uscle or wind except 1ny vehicle designated prim:u•ily for tr2vel on, over or
in the water, farm vehicles, logging vehicles, or an_y military or law enforeemerlt vehicles. (Ord.
2171§1,1971)
ELcn to n
ALL-TERRAIN VT'i-(_ICLF: Any self-propelled vehicle when used tor cross-country travel on tr~'tils
and nonhighway rAads or any onE of'the followi.ng or corlibination thereof: land, water, sriow, ice,
marsh, swampland and other naeural terrain. Sucti vehicles shall include but are not lirnitEd to
four-wheel drive vehicles, mo[orcycles, amphibiaus vehicles, ground ef~'ects or air cushion
vehicles; and any other mear►s of land transportatian deriving moeive power from any source
, other than muscle or wind; except any vehicle designed primarily for travel on, over, or in the
water, f'arrn vehicles, logging and private forest:ry vehiclcs, snowmobiles or any mililary or Iriw
enforcement veMicles.
Sedro-Woolley viunicipal Cnde _
Oiv OR OPF ROA_D VEH1C LFS
Sections:
10.96.I:I10 Definitions.
10.96.020 Operiition of off-hig6wsy vehicles pt•ohihitetl.
10.96.030 Violation.
1096.010 ])efinidons. _ "Off-highway vehicle" means any self-propelled vrehicle when usec3 for recreation travel on
l:rttils and northighway roAds or .Cor recreation cross-couiity travel on any one of the following or a
cornbination thereof: land, water, snow, ice, marsh, swampland, ancl other natural terriiin. Such
vehicles shall include but are ❑ot lirnited to hwo-, three- or four-wheel drive vehicles,
motarcycles, dirt bikes; trail bikes, go-carts, dune buggics, snowinobiles, amphibious vehicles,
arounds effects or air cushion vehicles, and any other mcans of land trsnsnortiition deriving '
motive power from any source other ihan muscle or wind.
"Off=highway vehicle" dqes not include:
A. tlny vehicle desigmed primarily for travel on, over or in the waCer;
B. Any military vehicles, farm tractor's or farm implements; •
C. Riding lawnmowers used to mow lawns;
D. Bicycles with "pu5her rnOfors"; •
E. Vehicles deriving mntive power snlely frorn musele or wind; sueh as bicycle,s. (Orc1.
1310-98 § l, 1998) ' •
10.96.020 Opcration of off-highway vehicles prohibitecl.
No person shall operate any off highway vehicle in the city, except for purposes of licensed
parades, for races on A licensed track; and for brief perivds t:o facilitate repairs. (Ortt. 1310-98 § 2,
19933: Ord. 1235-95 § 1(part): 1995)
10.96.030 Violation.
Violation of this chapter shall be a misdemeanor crime, punishable by << fine not to exceed five
hundred dollitrs. Each occurrence shall constiCute a separatc offense. (Ord. 1310-98 § 3, 1998:
prd. 1235-95 § 1 (pari), 1995)
OJf-road /ul[-terrain vehicles regulated tl:roug/r t:oise cotit.rol
Chelstn "Municipa1 Codc
Chaoter 8.30 NOISE LEVELS FOR MOTOR VEHICLES
httn://nt5.scbbs.comlc6-
binlom isaoi.dll?clientiD=266512& headinr!swithhits=on&hitsnerheadinL=onRinfobase-chelan.n
F6&iumu=8.30&saftoase=Pi. f'rame.4JUMPDEST 8,30
King Counry Code
Chapter 12.86 - Noise -
htto:ll~v-%vw.rru-sc.orL,/mc/kin~Jco/15-title%2012.doc
Bcllewe Munieipal Cvde -
ChaptEr 11.55
;ALL-TER-RA_1N VEI-IICLES .
Sections:
11.55.010 Application.
11.55.030 Unlawfiil operation of all-terrain vehicle.
11.55.010 Application.
The provisions of this chapcer shall apply to al) lands in the city of Bellevue. \bthing in this
chapter shall be deemed to limit the provisions or dhe application of Chapter 46.09 R.M. Further,
nothing in this chapter shall be deemed to grant any person the right or audiority to enter upon
private property without permission of the property owner. (Ord. 2011 1, 1974; 1961 co(ie
11.55.010.)
11.55.030 Unlawful operation of all-tcrrain ve.tiiclc.
It is unla~Nful fQr any person to operate any all-terrain vehiclc:
A. While under the influence of intosicsting liquor or a controlled substance;
8. [n such a marincr as to endangcr the property of another; -
C. On lands not o«med by tlie operator or owner of the all-kerrain vehic;le «<idiout a lighted
headlight ,ind tnillight behwecn the hours of clusk and dawn, or when atherwise required for the
safety of others regardlc.ss of ownership;
. D. On Iitncls not owned by the operator or o%vner of the all-terrain vehicle without an adequatc
braking device or when ok}ienvise required for the safety of others regzirclless of ownership;
E. On lar►ds not owned by the operator or owncr of the all-terrain vehicle without written
permission signed by the owmer(s) of sueh Iands, such permission shall be on tfie operator's .
l person while operjCing such vehicle;
F. Withoul a spark arrestar approved by the Washington 17epartment of Natural Resources;
G. fVit/toul un adeqttate and operating nu~fflirra device whic/r shall effectively ble►rd t%ie
exliausl arrd mnlnr uoise in suc/r a utanrier so rts to preclicrlE e.rcessive or unrLsunl noise. All-
terruirt veJricles rnarrujactured aJ?er Jrrrtu«ry 4, 1973, s/tal[ effective(y muiiilnin suCh noise at a
/evel nf 132 rlecibe/s or below vn tlte "A" scale «t .I00 feet ut:der testiitg procedrrres rrs
esfablislied bj, tlre Wrrsltingtun Suile Patrol; '
H. On lands not owned b>> the operator or owmer of the All-terrain vehicle upon ihe shoulder or
inside bank or slope of any nonhighway roact or highway, or upon the median of any ctivicled
highway; '
. I. Un lands not o«med by the operator or owmer of the All-terrain vehicle in any area or in such
a manner so as tO unrcasonably expose the underlying soil, or to ereate an erosion condition, or to
injure, damage or destroy Crccs, growing erops or other vegetation; .
J. Un lands not owned by thc operAtor or owmer of tlie aU-cerrain vehicle or ori any nonhighway
road or trail which is restricted to pedestrian or animal eravel;
K. Un arty public laiids in violation of rules and regulations of the agency administering such
lancls. (Ord. 2011 1, 1974; 1961 cocfe 11.55.030.)
.
- CITY OF SPOKANE VALLEY
. Request for Council Action
Meeting Date: January 10, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ~ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : City Recreation Program Update
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The City of Spokane Valley provided summer recreation programs in 2003,
2004 and 2005. These essentially include a Summer Day Camp for ages 6-11 years; Kinder- '
camp for ages 3-5 years; Little Tykes for ages 0-3 years and free summer playground programs
for all kids.
The programs have essentially been held at status•quo during the development of the Parks
and Recreation Master Plan. The plan is currently undergoing a SEPA review process and is
scheduled for przsentation to City Council in March, 2006. Very few comments have been
received to date. The Washington Interagency Committee for Outdoor Recreation has already
reported back with no recommended changes.
Staff would like to discuss the recommendations of the Parks and Recreation Master Plan in the
context of developing the recreation program offenngs for 2006. The type and extent of program
offerings is directly related to recruitment and filling of the Recreation Coordinator vacancy.
OPTIONS: General Discussion
RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Nlike Jackson, Parks and.Recreation Director
ATTACHMENTS Power Point presentation summarizing recreation program recommendations
of the Parcs and Recreation Master Plan. '
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 1-10-06 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business j] public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Heimet Use Education
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Council heard and diseusseci inPormation pertinent to
helmet safetiy during five previous council meetings:
(1) During the June l, 2004 Council Study Session, Ana A2arthews of thc Health District gave a
pre:sentation of their campai~n for a helmet ordinance, a.nd Nvent lhrough a list of rea,.sons to enact a helmet
law and added that the Triiffc Safety Commission has pledged free helmets to those in neetl. Brief
diseussian coneluded with Council wAnting to review several model ordinanees for fiiriher discussion and
consicleratioii.
(2) Uuring the Junc 29, 2004 Couneil Sluc3y Session, Dcputy City Attorney Driskel) and }'olice Chief Cal
1'Jalker bave a presentation explaining the legal'issues relating to the propnsed helmet law, wiCh Mr.
Driskcll voicing a concern about issuing citations to children. Police Chief Wall:er aclclecl that he is
conceriied changing fi•om an educational to an enfnrcement format beeause i.n the latter ease, laws must
, Ue cletir ancl concise. Council deCermined that slaff will review the ordinance recently enacted b_y the (:ity
of Spokarie, will check with NiRSC for possible other exainples, and will bring that infarmation bac:k at
~ 'anothercouncil meeting. ,
(3) At die Mav lU. 2005 Council Meeting, Michelle Wolkey, legal couneil for the Spnkane Regional
Health District, updaced Council on the status of the helmet safety issuc, stressing thc icnportance of this
issue as she Sces rnany hicycle rideis without helmets; and spoke of several recent accidents leaving
people in critical condition. She urged that helmets be required for bicycle riders, scaoter nperators, itnd
skateboard riders, and discussed different penalties proposed fnr the different a;;es (fve to fif[een; ancl
sixCc;en and over); the neecl Por eclucation; how lo net helmets if tlie rider could not afford one; and that
guarclians could be cited if their charge wc.re riding a bike without a helmet while in dhe presence of the
guardian. There was discussion coucerning tlie penalty of civil infracNon; the enforceability af such an
ordinanee; discretionwy citing capabilities of officers; and othcr cities that have cnacted similar
ordinances, endinj with Council consensus to move forward for fornlal consideration.
(4) The Mav 24. 2005 Council meeting was the npportu.nity for a fust reacling (which was advanced tn a
second reacling) of a proposecl hcLmct: safety ordinancc, submitted and explained by Tacputy City A.ttorney
DriskelL Mr. Driskell highlighted the penalty provisions, staring that the provisions include an
edueational function for peoplc betwcen the ages of fvc and fifteen; and thc penalty provisions xvould
apply to violators sixteen years old and older. Jauring public comment, five people spolce in favor and
one person spoke agai►ist the helmet safety ordinaoce. 1?,xtensive Council discussion ensued coucerning
compliance, nominal repercussions regarding fnes, education, i.ndividual and/or p3rental responsibility;
conducting bike safety week or other educational promotions oP helmet saiety; protection of the children
while nnt mandating helmecs for adulfs; how the cost of caring for ihe injured fall on community
members; the resemblance oP an orclina.nce for helmets fo the seatbelt law; protecting the citizens; and of
~ the desire to see scaCistics eoncerning other city's ordinance compliance.
(S) The ordinance's second reading was held at the .lune 28, 2005 Council meetinc, where it was moved
to approve the ordinance with an amendment def.ning persons to read "individuals five years of age and ~ under the age of 16." Deputy vlayor Nlunson qucsCioned the actual number of incidents that result in -head trauma.s, ancl questioned if perhaps the better mutc would be an aggressive educatian program,
incluclinb possib]e fbncling of helmets through the SherifPs Office, and rather than pass a helmet Iaw, he
suggested placing the issue on a future study session. Five peuplc spoke in opposition aud siz in favor
of the ordinance. Spok3ne City Poliee Officer Kim Thomas gave information and history conceming the
Spokane City Helmet ordinance; including high usage.rates and collision inforrnatian, but no statistics on
head traumas. After lengthy Gauncil discussion, the motion failed with three in favor ofthe ordinance and
fnur against.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT:
ATTACHMENTS .
1. January 10, 2006 Mcrr►arandum from Chris Bainbridge regardin ; Bicycle lqelmets ' .
2. Internet arkicle: "Helmet i.,aws for Bicycle Riders" - by $icycle Flelmet Safety Institute .
3. internet article: "The National Safe Kids Campaigm $icycle Itijury }?act Sheet" - by TransSafety, lne.
. 4. Internet article: "UnintenCional Injury" - by $pokane Regional Health Uistrict
5. Intemet article: "]toad Injury Prevention & Litigation Journal" - by TransSafety, Tnc.
6. Tntemet articlc: "$icycle Ssfety" - by Brain injury AssociaCian of Anterica
~
S`p~o~~a.ne
Valley
4;00 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org
Memorandum
To: Councilmembers Cc: Dave Mercier, City Manager; Nina Regor, Deputy City Manager
From: Chris Bainbridge, City Clerk
Date: January 10, 2006
Re: Bicycle Helmets '
Current educational efforts:
1. Bicvcle snfe.tv rotleos:
1. SCQPE volunteers
♦'1'here is no schedule for rodens by volunleers, chey are held as needecl hequeslecl.
♦ Usually held in available parking lots, etc. like the NVhunsical Pig Apartments
♦'1'here is no cost tn pau-ticipants.
♦ Volunteer Al Fisher; cell phone 218-5203, is the Bicycle Rodea Coorclinator Por SCOPE.
t11 is also a member of the Spokane County Bicycle Helmet Coalition and Safe Kids
~ Coalition (botli sponsored by Spokane Reoional i-Tealtli District)
♦ Children receive a"report card" following completion.
♦ Children are Purnished wich a free helmet iFthey don't have one available (especially to
low-income families).
2. ShcrifE's 13ike Unit
♦ No cost for participation. . ' ♦ 20 + participants necessary (to make it worthwhile for deputies' time).
3. COPS Shops in City of Spokane
2. Safetv nrogranrs availahle no►v:
♦ T eacue of rlmerican Bicyclists-6 weeks eurriculum (DepuCies Jeff Bergeron and Bob Sola are trained instructors) '
♦ YMCA ♦ Bike shops such as R.E.I. and EVheel Sport ofl'er educational programs on topics ineluding
lielmecs, sa.fe ricling; mainten<<.nce, nutrition, etc.
♦ Bicycle Alliance last year received a$45,000 graiit frorn tlie Traffic Safcty Commission to train
and directly assist 15 schools in the Spokane, Kitsap County, Vloses Lal:e and Olympia regions to
plan and implement safe routes to schaol programs.
♦ Various infoi-iiiational fliers and brochures are availablc through Washingt'on Traffic Safety
Commission, Spokane Re;ional Health Dislrict (Spokane Safe Kids Coalition and Spokane
Counry Bieycle Helmet Coalition) and many of these fliers are distributed through SCOPE
Stations.
H:lebainbriclgulRCAslhelmet memo with helmet rca.doc Page 1 of 2
3. Plnces where »tembers of die nublic cun t►o for Iteln:et education (nrimarilv euvers nroner fit & wliv
it is ►reedet!) ♦ All bike shops ' ♦ SCOPE voltmteerslstations
♦ All Bike Patrol deputies
♦ Valley Precinct
4. Places where rnember.s ot the public can eet tree IreLneb•
♦ SCUPE Stations - they clistribute hundreds nf helmets
♦ Valley E'recinct
♦ Spokane County Healtlt Dislrict (Ana iMathcws)
(Note: These helmets are paid for by grants, and shnuld be on an "as needed" basis to low-
income families, but documentation of income is not requirecl.)
(Than}:s and appreciation are extended to Shv-on Jones of the Spokane Valley Policc Deparlment for her
assisCance in gathering this inforniation)
H:lcbainbridoelRCAslhelrnct memo with helmel rca.doc Page 2 of 2
:Helmet Y,ativs for Bicycle Ridez-s
Revised immediately upon receipt of new iufo.
For date of last revision sec last line at the bottom. '
, Summary: There is no federal law in thc U.S. requirin;
bicycle helmets. The srares and localiries below began
_ adopting laFVS in- 1987, mnstly limited fo childreu uncler 18. Morc info on helmet laws follows the list•.
• _ _ . - - -
Washington State • P,berdeen All ages 2001 _
Bainbridge xsland All ages 2001•
Bellovue - A12 ages 2002 -
Bremerton All ages 2000
. Des Moines " A11 ages 1993
• DuPont • All ages '
Dtivall All ages 1993 ' . Eatonvi-ll.e Under 16 1996 Enumclaw All ages 1993
FizcrESt A].l agES 1995
Ga.g Harbor A1.l agos 1996
Hunts Qoint • Al1 ages 1993
Island County: All ages 1997
(Recoamendation.only.) ' • Kent All ages 1999
King County All ages 1993
Lakewood All ages 1996
• Milton * All ages 1997 _
Osting ' Under 17 19'97
Pa.o.r.ce Count,y All ages .1994
Port Angeles All ages 1994 . '
Poulsbo Under 16 1995 , Puyallup A1 1 ages 1994
'Renton All ages 1999
Seatac A11 ages ovor 1 yr 1999
Soattle All ages 2003
Snohomish skate park A1l ages 2002
, (City-wida bike ordinance repealod) '
- Snoqualmie All ages 1996
Spokane* ' A11 ages 2004
' Stcilacoom All ages 1995 . '
Tacoma * All ages 1994
University Place All ages 1996
niotes .
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'Z'he Spokane law was passed by the City Cotulcil over l'he :
Mayor's veto. `I`he Mayor wanted to delay, reduce coverage to
. thosc 16 anci under, not cover skateboarders or inline skaters and coor.dina.te with neighboring jucisdictious. The Council vofie was _ 5-1 wilh oaie absent.
~
Bicycle Helmet Safety lnstitute
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Helmet Related Statistics from Many Suurce:s
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Summary: Be1ow are acres of stats from every source we can find. Must of them are
~ prabably inaccurate. Takeyour pickt ,
~ First, oue own pick of Basic Numbers from many snurces:
. There are SS million bicycle riders in thc US
. More than 600 bicyclists die in the US every year
. About 540,000 bicyclists visit emergency rooms with injuries every year. Of
_ those, about 67,000 have head injuries, and 27,000 have injuries serious enough to bc
hospitalizccl.
. Bicycle crashes and injuries are under reported, since the majority are noC serious
enough for emergency room visits. • l in 8 of the cyclists with reported injuries has a brain injury.
' • 'T'wathirds ofi'the deaths here are from tratmiatic brain injury.
. A very high percentage nf cyclists' brain injuries can be prevented by a helmet,
esti_mated at an}nvhere from 45 to 88 per cent. -
❑ Many years of patential I ife are lost because about half of the deatlls are chilciten under
15 years old.
O 17irect costs of cyclists' injuries duc lo not using helrnets are estimated at $81 million
f each ycar.
❑ Indirect costs of cyclists' injuries due to not using helmets are estimated at $2.3 billinn
. cach year.
0.Helmet use in the iJS varies by arders of magnitude in di.fferent are,as and diffcrent
~ sectnrs of oui• socicty. White collar commuters probably reach 80 per ccnt, «fiile inner
city k.ids and ritral kids would be 10 per cent or less. Overall, our best wild gucss is
probably no more than 25 per cent. Sommers Point, NJ, where a state helmet law is in
effect, found t.hat only 24 . of the 359 students wlio rode to school in one week of the
Winter of 2002 wore helrnets (6 per cent) unti.l the Sehool District a<lopted a helmet rule.
North Carolina obscrved 17 per cent statewide before their law went into effect in 2001.
D Helmets are cheap. The typical diseount store price has risen from under $10 to about
, $15, but there are slill models available for under $ 10 at majOr retailers.
" Statisfics from thc Ynsurance Iastitutc for.Nip-hwav Safetv
Fatality Facts: Bicycles - 2003
~ Only 1 percent of motor vehicle-related deatiis are bicyclists. A.mong a majority of those
killed, the most serious injuries are to the head; sa it's important for bicyclists to wear
helmets. Helmet use has bcen estimated in one sCudy to reducc hca<I injury risk by 85
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pereent. Nineteen states and the District of Columbia have helroet laws applyittg to younn
bicyclists; none of these laws appiies to all riders. Lpca) ordinances in a few states do
require some or all bieyclists to wear helmets. A nationwide phone survey estimated that
t` state helmet use laws increase thc probabiliCy that a ricier wi.ll wear a helmet by 18
~ percent. Helmets are important for riders of all age,s, especially bccause adult bicyelisCs
represent more than threequarters of bicycle deaths.
0 619 bicyclists were killed in crashes wiCh motor vehicles in 2003. This is 7 percent
fewer than in 2002 and down 38 percent since 1975.
f 0 Eighty-five percent oFbicyelists killed in 2003 reportedly weren't wearing helmets.
~ 13.H.SI Note: We tlori'l know where the nrrnrber.s in dre hu!!et poirtt ahove and tlte cltart
below originuled T/ie duta to make lfrcrl determiiiatioii is not risually collected in t/ie
field. Bicycle Deat6s by Helmet Usc
l 994-ZA03
i ; _ , - • - - , ; --I-
Year ~'N7o Helmet ~ Hclmet Total*
~ Num % ( Num Num i
1994 776 97 192 796 j
' - - _ ._J
1995 783 95 r ` 344 828
i
I ' 1996 73196 274 761
. • f
1997 785 97 23 3 i 811
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1998 741 98 162 757 ~
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. I ' 1999 I 69893 ' 426 750
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2000 ~ 622 90 507 689
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1 2001. 616 84 608 ~ 729 . •
• . - • - ' ~
2002 1 589 89 ' 548 663 j
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; 2003 ~ 527 35 579 619
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i~ 0 Twenty-four percent of bicyclists killed in 2003 had a blood alcohol co. ncentration
~ (BAC) at or above 0.08 percent.
~
0 I.n 2003, about 8 times as many bicycle deaths were males enmpared wilh females. AC
every age, more male than female bicyclists were killed. 17eaths per million pcople were
~ higher among males than ferttales at all ages. Bicycle dcaChs per million people were
highesC among 12 year-old ►nales.
G Deaths among bicyclists younger than 16 have gone down dramatically sinee 1975 (79
percent). Now lhey represenC just a quarter of bicycle deaths in 2003 compared with two-
thirds in 1975. .
~ 0 In 2003, bicycle deaths were most likcly tn occur in summer aiid fall and benween the
hours of 6 pm-9 pm.
~
~ 0 Olcier bicyclists represent a larger percentage of bicyele deaths than in the past.
Seventy-si.Y percettt of 2002 bicycle deattis were riders 16 years and olcler. This compares
with 32 percent of bicycle deaths in 1975.
0More bicyclists were killed in urban areas than in rural areas (68 percent compared # wit}t 31 percent) in 2003. ~ 0 Thirty-fivc percent of bicycle deaths on roadways in 2043 occurred at intersections.
d Sixty-one percent of bieycle deaths on roadways in 2003 occurred on major roads, and
35 percent oceurred on minor roads .
❑ In 2003, 57 pereent of bicycle cieatlu among children younger than 16 and 28 percent
. oPaciult (age 16 and older) bicycle deat;hs occurred on minor roads. Adult bicyelisCs werc more likely than children to hsve been killed on major roads (66 percent eampared with
. 42 percent).
Durvnloaded June, ZOpS. .Fur cliarls und inore deluil see the.I.ffIS site.
~ ~
Statistics frommSafe Kicls USA
On May 11, 2004, the Safe Kids USA published a study on hclmet usage rates showirig
that:
~ • Only 41 pcr cent of thc kids 5 to 14 at surveyed sites were wearing helmets,
although the sites chosen had a bias for highcr rates.
• Even at sites where helruets were reqtiired, only 52 per cent wore the►n.
• At sites whcre wheels arc used for transportatiott, only 38 per cent rvore helme~,s.
~ •
t Mare tl.ian a third of the kids weAring helmcts did not have them .fitted t;nrrectly.
~ Conversely, haro-thirds did! J
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. ~ * The effect of laws 'was noi' well evaluated. Altliough sites uFith state-level hetmet
Iaws tktd only 45 pee cent wearing helmets xnd sites witJi out state level laws had 39 per
P' ocnt, ihc~ study did nat ta]€e into accoutit whether or not there was a local orclinance, ~
g; Ynu can fiind lhe ~~~hale study on the Safe.~id~ sil~.
i~ .
~ S tafisties from lhe C oosurucr 1'rnduct Safety Comm ission
BECycle hcimet usage hits increased &pm l.$ p~,rtcenC in 1991 to 50 percent in 1998
• 'Bike-related crashes kill 900 people every+ year and send about 567,000 to
Iiospita] eqo.erg~:ncy rooiiis with injurics ~ •Wearing a bike tjelrnet can reduce the risk of hczid injury by $5 percent-
~ ■ Today there are aii estiinatQcf 50,6 million riders, 43 percent ofwhom aever wear
helmetc and 7 pcrcerft of whom wear h elmcfs less than halFlhe tiine
• Of bikm wha now repoi# wearing a hi~-lmet, 98 percent said tii e}r wore a hclmet
" for stif+ety reasons, 70 perccttt s{uc{ Chey wai-e a helrnet bec-ausc a parent or spouse insisted ~
on it anc! 44 pei-cent said tlicy dicl so beca use a law eequirW it,
+ 6$ percent afcii ildren undcr 16 ~vear a helmet an a regular ba.sis while riding a bike, accoxdin; to parents. .
€ * 38 perccnt of acIult bike riders re¢ ]arly sxctir dheir helmeks, € . iierc is the '1'ress 'lZelease oii thc sitidv, and here is the whole tex.t. There are other
estirnates further davvn #his page thafi we consider more realistic for thc nalion as a whole,
, f For examplc, thc University of Noilli Caroltna has couducted reliahlc obscrvational
~ f studies showing a staiewide iielmet usage ratc of 17 per cent. On tlie otlier Iiand, usage
obsi~rved in S eattle in 199$ was 600 o for cliildb-eii, 37' o fior teens xnd 7 1 % for adults_
Heliiiet use in wcstern 1xJasliiiigton statc is 56%, but jusx 33% for eastern Wasliingron
~ where IielrE-iet promotion cwnpaiVis have not beeu as intense. (Source: Diaue Thompson;-
" MS, Epidemiologisf, .Harborview Tnjury 'Prevenfiion c4c Research Cen#er)
. M.
7 Mnre Stakistics from the Cnrisumerl'roduct Safcfy Cortirriissiort's
~ Consumcr Product Siifety Revscw - Spririg, 2000
Ra by $oomcr Sports injuries • S poets-related in.jueies amang thosc ages.35 ica 54 {Baby booin ers} increased 33
~ per cent fro»x 1.991 to 1998, , .
• -l-hc population in chat age brackct increas~d ftom 65 to 79 million, explxining
~
~ so= of t'he increase_ .
In 1998; bicycling accoun#rA for the largest number bra#ed rn hospital emergency _
r~ eooins_ BiEc.e il~jtpries were over 65,000, wiWe baskei'ba31 injuries in si~i~ond place were
under 50,040_ . .
* Tn 1998, x i'&xl af 290 boomi~rs diecE in bicycle cras]Zes, with 255 involving a car
_ (SS per cent).
. • 7n 1998, nc> other sport killed as man}+ booiiiers. Swimming wa.; a d3stai}t second -
` with 67 dexths, ski ing tii ird with 7 deaths,
~ • In 1998; bahy hooiners on bicycles died frani head injuries xt nearly twice fihc~
z ratc of chitdren on bikes. C.PSC bciieves that the difFerence iti death rates is due to more
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~ helmet usc by children.
~ • Cl'SC believes diat 69 per cent of children wear bike helmets and only 43 per
3 cent of boomers.
~ • It is important for baby boorners to stay active and p3rticipate in sports.
~ • The article is signed by Genrge Rutherford, CPSC Directoratc for Epiclemiolov
~ And this froni a CPSC Web naQe:
~ Q. VVhich sport is most likely to crash-land you in a hospital emergency room?
A. $ike accidents crash-land more kids in hospital emcrgeney rooms than any other sport.
In fact, kids ages 5 to 14 oet hurt more often than bikers of any othcr age! Every day,
, about 1,000 kids cnd up in hospital emergency roams with injurics from bikes - like
~ broken bones or brain concussions. About one kid every day dies of these injuries. Olhers
~ suffer lifetime problems, like limping or brain clamage.
Injuries to Bieyclists. From A Monogrsph by the .Tohns Hopkins Injury Prevention
Centcr Sponsored by the Snell Memorial Foundation
' AbEach yc.ir in the United States;
, • more than 900 bicyclists are killed ---[Falling since this wa.s done: in 1997 it
wa„S 808]
' • 20,000 are admitted to hnspitals
• 580,000 receive emergency room treahnent
«AFcir the population as a wholc, there are approximately: -
• 1.8 billion bicycle trips
• 300 injuriesper million trips • 1 death in every 2 tnillion trips (O.S per million)
cObiiclmets are needecl because head injurics in bicyclists are nc►led in:
• 65,000 emergency room cases and 7,700 hospital admissions annually
~ • about 40 per cent of bicyclists admitted tn hospitals
~ • an estimated 70 to 80 per cent of fatally injured bicyclists
c~bBicyclists hospitalized with hcad injuries are 20 times as likely to dic as those
without.
c§~bl3icyclist injury rates per million trips are highest at age 5 to 15.
c~bBicyclist death rates per milliou trips are highest above age 50.
ABicyclist death rates per 100,000 population are highest at age 10-14.
AFifty-six per cent of fatally injured bicyelisrs are age 20 or older.
ADeath rates for male bicyclists age 20-54 have substantially increased in rece.nt
~ ycars. Y AComparetl with femxles, males; '
• make 2.5 times as many bicycle trips
• are 2.4 times as likely to be l:illed, per trip
~ • have a death rate per 100,000 population that is 6 times as high
~ AThe death rate per million trips is 8 times as high from 101'M to I AM as from
y. 9 AM tn 1. PM.
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~ 62'bNfotor veliicles 9re involvecl in 90-92 per cent of bicyelist cleaths and 12 per eent
of injuries.
~c~bOne third of bicyclist fatalities occur on ruads ivith speed limits of 55 mpti or
t° higher. "
ATwo-thirds of fatally in jured bicyclists xre tested far alcohol; 32 per cent of
those testecl have beeai drinking.
r ABicyclist cleath rates per trip or per person mile of trfivel gready esceed the ;
rfates for car occupqnts.
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' Statistics fmm the Safe Kids iJSA
~ Flcasc check their Web aale for thcir lsttesl Faet Sheet on Bicycle Injury.
~ lnjuries to Children
' iJeaths and Injurics
o Tn 200 t, nearly 314,600 ch.ilclren ages 14 snd under were t:reated in hospital
emergency rooms for bicyclc-related injuries. Nearly half (47 percent) of children ages 14
~ and under hospiialized tor bicycle-related injuries are diagnosed with a traumatic brain
i.njury.
~ o Tn 2001, children ages 14 aild under accountcd f.'or 36 percent of bicyelisls injured
~ in mc~tor vehicle crashes. It is eslimated that collisions with motor vehicles account for
- '
' nearly gU percent of all bicycle-related deaths and 10 pereent of all nanfatal bicycle-
related injuries
o More than 40 percent ofall bicycle-related deaths due to head injurics and
t~ approximately three-fourlhs of all bicycle-related head injurics occue among chilclren
f ages 14 arid under. o Children can be seriously huuC From colliding widi handlebiirs during a fall, even
in Iow speed bike crashes. Ojte riational study of serinusly injured bicyclists found that
handlebar impacts aecounted for 2.2 percent of injuries among nonhead-injured children.
Tmproper biaycle sizing may predispose a child to falling and eaposc morc of his trunk to
' the handlebar.
V1'hen untl WhCre :13icycle Deaths and Injurii;s Occur
{ o Children are more Likely ta die frorn motor vehicle-related bicycle crashes at
~ nonintersectipn locatians (74 percent), during t:he months of April through October (R l
~ percent) and between 3p.m. and 7 p.cn. (55 percent).
o Nearly 60 percent of all chilclhood bieycle-related deaths occur on minor
roads.The typical bicycle/motor vehicle crash nccurs wil.hin 1 mile of the bicyclist's
home.
o Children ages 4 anct under Are more likely to be injurcd in nonstreet lociiCions
arouncl thc honie (e.g., driveway, garage, yard) than are children ages 5 to 14.
a Children ages 14 and under are neiirly four times more likely to be injurcd riding
in non-daylibht hours (e.g., at dawn, dusk ar night) tban during the daytime.
: a Among cttildren a~es 14 and under, more tfaan 80 percent of bicyele-relat:ed
fiiutlilies are associated with the bicyelist's behavior, including riding i.nto a street without
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~ stopning, turning left or swervina into traffic that is cotning fiorn behind, running a stop
a
~ sign, and riding against the flow of trafFic.
~VVha is at 17isk
k o R.iding without a bicycle helmet significantly iiicre:tses the risk of sustaining a
head injury in die event of a crash. 'Nonhelmeted riders are 14 times more likely Co be
involved in a fatal crash than helmeted riders. o Children agcs 10 to 14 are at grcater risk for traumatic brain injury from a bicycle-
relatecf crash compared with younger children, most likety because helmet use declines as
~ children agc. Helmet use is lowest (for all ages) among children ages 11 to 14 (11
. pe rcent).
o Correct tit and proner positioning are cssential to the effectiveness of bike helmets
at reducing injury. One study found that children whose helmets fit poorly are at hvice the
risk of head injury in a erash compared with children whase helmet fit is excellentln
addition, children who wear cheir helmets tipped back on their heads havc a 52 percent
greater risk of head injury than those who wear thein celmets centered on their heads.
}
o Children ages 14 and under aee five times mere likely tn be injured in a bicycle-
relsted eiash than nlder riders. '
o Males account for $2 percent of bicycle-eelated deaths and 70 percent of nonfatal
, injuries among children ages 14 and under.Children agcs 10 to 14, especially males, have
the highest cleath rate nf all ages from bicycle-rclaCed head injury.
I3icycle Helmet Effective»ess .
o Bicycle helmets 1iave been shoNvn to reduce the risk of head injury by as much as '
85 percent and the risk of brain injuiy by as much as 88 pcreent.Bicyele helrocts have also been shown to offer substantial proCection to the forehead and midface.
o It is estimated that 75 percenC of bicycle-relatccl-fatalitics among children could be
prevented with a bicycle helmet.
o Universal use of bicycle helmets by, children ages 4 to 15 could prevent between
. 05 and 155 deaths, between 39,000 anct 45,000 head injuries, and between 18,000 and
55,000 scalp tmd face i.rijurics annufllly. .
' o Child helmet ownership and use increases with the parent's income and education
level, yet decreases with Che child's age. Children fu-i: mote likely to wear a bicycle
helmet if riding with others (peers or aclults) whq are also wearing qne.ln a national -
survey of children ages $ to 12, 53 percent reported that a parental rule for helmet use
would persuade them to wear a helmct, and 49 percent would wear a helmet if a state or
com.munity law required it. .
, Bicyele Helmet Y.sws and Kegulations : o Currently, 19 stiices, thc District of Columbia and numerous localities have
- enacted some form of bicycle helmeY legislation, most of which cover only younD
j riders.At least five state.s now require children [e wear a helmet while participating in
; other whceled sports (e.g., for scooters, inline skates, skateboards).
o Various studies kave shown bicycle helmet legislation ta be effective at inereasing
bicycle helrnet use and reducinD bicycle-related dcalh and injury among children covered
undcr the law.One example shows that i.n the fve years following tlic passage of a state
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( mandatory bicycle helmet Iaw for chilclren ages 13 and wider, bicycle-related fatalities
decrea,sed by 60 percent. Police enforcement increases Che effectiveneSS of these laws.
? o One recene stucly reportcd that the rate of bicycle helmet use by children
ages 14 and under was 58 percent greater in a county with a fully comprehensive bike
heliliet law dian in a similar county wifh a less compreherisive Isw.
~ Health Care Costs and $avinhs _
o The total annual cost of traftie-related bicyclist death and i.njury among children
ages 14 and undcr is more than $2.2 billion.
o Every dollar spent on a bike helmet saves society $30 in direct medical costs and
~olher coscs lo socieCy. .
~o If 85 percent of all child cyclists wore bicycle hclmets in one'year, dhe lifetime
me.dical c.ost savings c_ould total between $109 million and $142 million.
o A review of hnspital diseharge data in Washinoton state found that treahnent for
nonfatal bicycle injuries arnong children ages 14 and under costs mare lhan $113 rnillion
cach ycar, an average of $218;000 per injured child. •
Stats from thc Jnurnal of Injurv Prevention .
$tate Ievel estimates of the incidence and economic burden of head injuries
- stemming from non-universal use of bicycle hehnets, by J Schalman, J Sacks and G
; Provenz9uo
"Approximately 107,000 bicycle-related head injLu-ies could have been prevented in 1997
in the United States. '1'hese prevenUtble injuries and dcatlis repre.sent an estimated $$1
. million in direct ancl $2.3 billion in indirect liealth costs. Estimates range frnm 200
preventable bicycle-related head injuries and $3 million in health eosCs in Wyorrii.ug
(popularion 480 000) tn 13 700 preventable biCycle-rclatcd head injuries and $320 million
in heailth costs in CaliFornia (population 32.3 million)." (There are numbei-s for other
staies as wel I, but you have to buy t}le article for them.)
A note front the Univcrsity of California at Berkeley rVellness Letter of Dec 97:
°It's est.unateci that 96 % of cyclist~~ killed in 1996 were noc wearing heltncts."
Statistics from the abstract of an article from ,TAMA, the Jvurnal ujtlre Anrericun
Itledical Assuciation: -
Bicycle Associated Hc9d Injuries and Deaths in the Uuited States From 1984
"I hrough 1988: How 1'Iany Are Preve.ntable?
Jeffrey J. Sacks, NOD, IMPEI; Palricia Nolmgreen, NiS; Suznnne M. Smith, N1D; Daniel vl
. Sosin, NID
Qbjective. -To estimate the potential benefits frvm more widespread bicycle safety
, helmet use.
. Design.-R.eview of death certificates and emergency clepartment injury data for 1984
t}irough 1953. Categorization of deaths and injuries as relaCed to bicycling and head
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injury. Using relative risks of 3.85 and 6.67 dcrived from a c.ase-control study and varying
helmet usage &om 10 per cent to 100 per cent, population attributablc risk was calculatecl
j to estimate preventable deaths and injuries.
~ $etting.-Entire United States.
1-lain Outcome iVieasures. -Numbers of US residents coded as dying from bicycle
rclated head injuries, numbers of persons presenti.ng to emergeney departmcnts for
~ bicycle-rclated head injuriGS, and numbers of attributable bicycle relatecl deaths and head
~ injuries.
Main Results. - Prom 1984 tlirough 1988, bicycling aecounted for 2985 head injury
deaths (62 pcr cent of all bicycling deaths) and 905,752 hcad injuries (32 per cent of
~ persons with bicycling injuries treated at an emergcncy deparhnent). Forty-one percent of
heacl injury deaths and 76 per cent of head i.njuries occurrcd among children less than 15
years of age. Universal use of helmets by all bicyclisYs could have prevented as many as
. 2500 deaths antl 757,000 heacl injuries, i.e., one death every day and one head injury
evcry 4 minutes. '
' Conclusions.-Effective eommunity-based education programs and legislated approaches
for increasing bicycle safety helmet usage have been developcd and await only the
resources and cnmmitmenC to reduce these unnecessary cleaths and injuries.
(JA.NIA, 1991;266:3016-3018) •
Statistics from Anrerican Bicyclwt: '
~ Somc Bike Shups Still Do Not Carry Helmets '(As reported in American Bicyclist in August, 1995)
~ Nincty-three peecent of bike shops earry helmets. Two pereent plan to add them in the
~ coming year. Anrericait Bicyclrst asks if that can mean that one bike sh4p i.n 20 still doe.s
. F, not carry helmets.
Source: Ainericcvi l3icyc:lisl research by ReadeY.
Tlris page rvas last revised urr: Decestiher 21, 2005.
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THE NE1TIONAL SAr'E KIDS CANIi'A1GN BICYCLE lINTJURY FACT SHEET Yage 1 of 4
September 9, 1998 '
Auto and Road User TrwiSafety,Inc.
1-800-777-2338
-J ROADS J o u rn a I cU.s. ~a Cmada>
(360) 633-6276
Fax: (360) 683-
6719
info c(rZusroads.com
' ~ 1 1 ~ 1 • ~J ' • ~ 1 I' • f
THE NATIONAL SAFE KIDS CAMPAIGN BICYCLE INJURY
FACT SHEET
(This article is reproducecl with pennission from the website of the National Safe Kids
Campaign ae http://www.safekids.org/liome.h[ml.)
More than 70 percent of children agcs 5 to 14 (27.7 cnillion) ride bicycles. This age gmup rides about 50
pcrccnt more than dle average bicyclist aiid accounts for approximately onc-third of all bicycle-related
deaths aiid more thaii two-thirds of all bicycle-related injuries. Bicycles are associated with more
childhood injuries than any othcr consumcr prnduct except the automobile.
T-lead injury is the leadi.na cause of cieath in bicycle crashcs and is the most unportant determiiiant oF
-~bicycle-rclated dcath and pennanent disability. IIead injuries account for more than 60 percent of
bicycle-related deaths, more than lwo-thirds oFbicyclc-related hospital adttussions, and about one-[hird
of hospital emerbency rooui visits for bicycluig uijuries. The single most cffectivc safcty device
available to reduce head i.njurv anci dealh from bicycle crashcs is a bicycle helmet. Helmet use is
associated with a rcduction ui the risk of bicycle-related death and i.njury and a rcduction iii the severity
of head injury when a crash nccurs. Unfortunately, national estimatcs rcport that bicycle helmet use
amonb child bicyclists ranges from 15 l0 25 percent..Helmct usage is lowest (for all ages) am.ong
children ages 11 to 14 (11 percenC). Bicyele educalion programs and malldatory bicycle helmel
legislation ai-e effective at increasing helmet use nncl, therefore, reducing bicycle-related dealh and injury.
' DEA THS AND IArJURlES
. In 1995; more than 250 children ages 14 and under died.in bicycle-rclated crashes. Motor vehicles
were involveci in 230 of thcse deaths. .
. In 1996, more Chan 350,000 children ages 14 and tuider were treaCed in ho5pital emergency rooms
for bicycle-related 'uijuries. .
. It is estimated tllat collisions with motor vehicles account for 90 pcrcent of all bicycle-related
deaths anci 10 perccnt of all nonfatal bicycle-relatied injuries. Collision with a motor vehicle
: increascs tt1e risk of death, severity of injury, and the probability of sustaining a hezd injury.
•More than 40 percent of all head injury-related deaths and approximately three-fotu-ths of head
http://www.usroads.com/journalslaruj/9809/'ru980901.htm 1 213 012 0 0 5
T'HE NATIONAL SAFE KIDS CAMPAIGN BICYCI.F INNRY FACT SHFET 1'age 2 of 4
i.njuries occur among children ages 14 and under. Youngcr children suffer a higher propnrtiUn of
head injuries than older childreii.
TVTfENAtYD WHERE BICYCLL DFATHSAND INJUR.IES OCCUR -
, . Children are more likely to die fYOm bicycle crashcs at non-intersection locaYions (66 perceut),
during lhe months of May to August (55 percent), and between 3 p.m. and 6 p.nl. (39 pcrcent).
. Nearly 60 percent of all chilcihood bicycle-related deaths occur on minor roads. The typical
bicycleJmotor vehicle crash occurs with_in one milc of the bicyclist's home.
• Children ages 14 and uncier aze more likcly to be injured riding in non-dayli;ht hours (e.g., at
da,Am, dusk or n.ight). The risk of sustauung an injury during non-daylight conditions is ncarly
four limes greater than during the dAytime.
. tlmong children ages 14 and under, morc than 80 percent of bicycle-related fatalitics are
associated with the bicyclist's behavior. The most common crashes include riding into a street
wiihout stopping; turning left or surcrving i.nto traffic that is coming from behind; runni.ng a stop
sign; and riding against the flow oF trafric.
WWO rS AT RISg
• Ridingwithout a bicycle helmct increases the risk of sustaining a head injury in the event of a
crash. Nonheltneted riders axe 14 times more likely to be involved in a fatal crasli than bicyclists _
wearing a helmet. ,
• Collision wiCh a motor vehicle ancl crashes occurring at speeds greatcr than 15 nules per hour
increase the risk of severe bicycle-related i.njury and death.
• Children ages 14 azid under arc five ti.mes more likely to be injured in a bicycle-related crash than
older riclers.
. Males account .for approximately 85 perccnt of bicycle-related cli;aths and 70 percent of nonfalal
injuries and have higher bicycle-related death and injiu°y races than females. Chilclren ages.10 to
14, cspecially males, have thc highest death rate from bicycle-related hcad injury of all ages.
• Children under agc 10 are at greater risk for serious injury wid are more likely to suffer head
injuries than older riders. Approa.i.mately half of all bicycle-related injuries among children under
' age 10 occur to the head/face, compared ta one-fifth among older children. • Bicyclists admitted to hospitals wittl. head injuries are 20 timcs more likely to die as those without
head injuries.
BICYCLE RE LMET FFFECTIVElYLSS
• Bicycle helmets have been shoArti to reduce the risk of head•i.njury by ds much as 85 percent and
the risk of brain injiuy by as much as 88 percent. Bicycle helmets have aJ.so been shown ta off'er .
substantial protection to thc forehead aud mid face.
http:/lwNvNv.usroads.cornljournalsJaruj/9809/ni980901.hbii 12/30/2005
THE NAT10NAL, SAFF KIDS CAMPAIGiN BICYC LL INJURY FACT SHEOT Page 3 oF4
. il is estimated that 75 percent of bicyele-relaled fatalitics amon; children c:c>uld be prevcntcd witti
a bicycle helmet.
,
- • Universal use of bicycle helmets by children agcs 4 to 15 could prevent between 135 and 155
deaths, beCween 39,000 and 45,000 head injuries, ancl bcnwcen 18,000 and 55,000 scalp and face
in,juries annually.
• Child helmet ownership azid use increases with income and educational level, yet decreases ,v7kh age. Cluldren are more likely to wcar a bicycle hehnet if ridi_ng with others (peers or adults) who a.re also wearing one and less likely to wear one if their companions are nnt.
BICYCl. F._HFT ATFT I_A WS AArD RE, GCILATI011TS
• Currently, 15 statcs and more ttian 301ncalixies have enacted somc form of bicycle helmet
legislation, tnost of wliieh cover only young riders. . Various shidies have sho-vNli bicycle helmet legislation to bc cffective at increasuig bicycle helmet
use aild redueing bicycle-related death and 'uijury auiong cluldren covered uncier thc law. Helmct
usE arnong children is ;reater ui those reDions orthe United States with the liibhest prnpnrtion of
mandatory helmet laws.
• One eawnple shows that five ycars following the passage of a state mandalc?ry bicycle hElmet law
for children ages 13 and under, bicycle-related fatalilies decreascd by 60 percent.
-
• Pursuant to the Child Safety Protcction Act of 1994; the Consumer Product Safety Cortunission is
currently developing a maudatory federal sAfety standard for bicycle hclmets.
HEA. .I.,TH CARE COSTS AiVD Sil VIA'GS . Lvcry bicycle helmet saves this cauntry $395 in dircet medical costs and ather eosLs to society.
• If 85 percent ofall ehilci eyelists wore bicycle helmets in one year, the lifetimc medical cost
srivings could total bctwcen $109 million and $142 million.
• A review of hospital discharge data in Washington statc found that trealment for nonfatal bicycle
injuu-ies among children ages 14 ajicl under cost iiiore than $113 million cach year, an average of .
$213,000 per child. PR.EVENTION TIPS FROIYl T.f[L tVA 7'I01VAI.. .SA FE KIDS G4AIPf11GtV
• A bicycle helmct is a necessity, not an accessory. A.lways wear a bicycle helinet every tune ancl
everywhere you ridc.
. Wear a bicycle helmet correctly. A bicycle helmet should i t comfortably and snugly, but not too
tightly. It shoulci sit on top of your head in a level pdsition ancl should not rock fonvard and back
- or fmm side to side. The helmet straps must always be bucl:.led.
• Buy a bicycle helmet that meets or exceeds the safeiy standards developed by the Amcrican
httn://ww%,v.usroads.conViournals/arui/9309/ni980901.htm 12r)0/2005
THF NATI0NE1I, SAFF K[DS CAMPATGN SICYCLE INJURY FE1CT SHEET Page 4 0f 4
Nalional Standards InslYtute (ANSn, the Snell ylemorial Foundation andlor the A.mericau Society
f or Testing and vlaterials (AS'Y M).
•Leam the rules of the road and obey all traffic laws.lZide on the r.ight side of the road, with traffic, not against; use appropriate hand signals; respect traffic signals; stop at all stop signs and
stop lights; and stop and loolc both ways before entering a street.
. Cycling should be restricted to sidewalks and paths until a child is age 10 and able to show how •
well he or she rides and observes thc basie rules of the road. Parenlal and adult supervision is
essential until the craffic skills and judgment tluesholds are reached by each ch.ild.
9/97
This infmmation wns compilecl by ihe Yatianal $AFT K1:pS C;ampaign (71'SK(7, 1301 Aennsylvanin Avenue, Suiic 1000, WnShirtj;lOn, D.C.
20004-1707.
~
Back to Index Top of Page ' . http:/h~v-,v.usroads.corn/journals/aruj/9809/ru980901.htm 12/30f2005
riLT S POKANE EGIONAL , Spokaiie
, . Unintentional Injury
'I'he five leading causes of death due to injury in In a 1999 Spokane County Youth Risk Behevior Survey,
Spokane County for children 0-24 years of age were: 81 % of the respondents reported riding bicycles during
the 12 months before taking the survey. Of those who
• motor vehicle crashes had ridden a bicycle in the past year, 63% never wore a
• suicide helmet.
• homicide
• accidental fire/burns Youth Who Wore F{almats Whlle Rfdln
• drowning' Thelr 81cyGaa (n=1140) "
9
The rate of all fatal unintentional injuries to children, in Ahnays wore a
both Spokane County and Washington State, is Most Of the time wore a __~_holmot 9.4%
decreasing.2 nein►oe 7.rio
Somatimas wore
All FaLal UnfnEmUonal InJury Ratrs for 0 to 24 Yoar Olds, h0lmot 8.3% ~
Spokane Counly and WasAington State 1980•1988
•s I
R
40 Rarelr wore a
35 $ Ok I helmet 11.7'~G , Naver
~ ~ , .
wore a
g 25 ~ - helmat
i
~ 20 62.974
~ ,Y ~ • .
10
SI
o ~ Wearing a bicycle helmet is the single most effective
19°° 1954 1904 19" ION safety device availabie to reduce head injury and death
J-*--Spoksr C&str_•_ WA.StOM; firom bicycle crashes.e
The cornect use of seat belts is estimated to decrease Non-Fatal Bicycia vs. Moto► Vehida In)ury Hospihtizatlon
Rates for 0 to 24 Year Olds by Gandar
motor vehicle-related fatalities for atl ages by 40% to Spokane County 1988-1999'
50% and decrease serious injury by 45% to 55%.4 ~
People who died as a result of a collision were SO% less
likely to have been using a restraining device than those $~I
~.e 3e.~ 37.1
who were injured.s $ s I Xe ~e 3 aes\ ~
There were 62 drowning deaths of children ages 0 to 24 ~ 20 j0 y V.4
in Spokane County between 1980 and 1999.1 1105 17.+
S 10.6 10.4 1~.0 + ■
0 I . . . . . , a.4 .
19Ep 1990 1901 1992 1999 1W4 1905 iDY6 1997 1998 1999
Agc Group Number of Oeaths I tMMN -+-F*=IM 1
04 Years 20 Data Note: In the years where no rate is givm for /emales, there
a were less than five occumenoes and a rate was not celculated.
~ 5•9 Years I 5
15-19 Years i 16
20-24 Years ~ 21
Total For All Ages I 62
Source: Death Certificaoe Oa4, WA State OOFI Cerxer tor Heslth Stetistics
__s The graph below sho-ws that males had a higher
hospitaliz.aiion rate for motor vchicle injuries thari
There are many more non-fat.al injuries than fatal females in Spokane County.
injuries. These non-fatal injuries have a large irnpact on _
the medical care delivery system, family system, Non-Fatal h7otor Vehlclo Injury Hosp(talization Rates for1 0 to 24 Year Olds by Gender, Spokane County 1989-1899
educationai system, taxpayer burden, and the 180
individual's economic situation. The five most prevalent 160
'
non-fatal injuries requiring hospitalization in 140
Washington State and Spokane Caunty from 1998 tn ~ 120
g 100
1999 for children 0-24 years of age were: ~go
60
• motor vehicle erashes (necupant) ~ 40
• falls 20 ! I
• suicide attemplslself injury 0 • - 1889 1990 1991 1992 1993 1994 5895 1998 1997 1898 1899
• pOlSOfl11lg
• bicyele crashes' 1-+-u:aies -+-Femalea I
All Non-Fatal Unlntentlonal Injury Ratss for 0 to 24 Yoar Olds, nzcreased tratfic deat.hs anci hopitalizations are che
600 result of traffic safety campaigms that pramote new laws .
and introduce new ways to avoid problems on the road.b
g ~o ~ 6~~'~ 1 - • . (
o
g 300 .
_ a aoo
100
i .
o •
1999 1891 fm 19vi 1897 1999
~ Spokano Cotmty -a- 4YA St,ito ~ . _
Thk; InformaUon Is excerpted from Ch~pter 9 of
OFor u~tn,~ ~p ~n Spokane, 13fnh through }burtg Ade:ltJr~d.
uestion s, additfonal coptes, or to obcqin che fi~U re~oti, ease oniatact the Sppkane RE:yoru►l liealth District
essmenUGp9cicrniolo~y Center at (509) 323-2853. • '
~
SPOKARE REGIUNAI
1101 W. Collegc Avenue, ltaom 340, Spokane,lVA 99201 H LT H
Phunc: (509) 323-2$53 • Fax: (509) 323-3623 • TDD: (509) 324-146a • %vwti•w.srhd.org ~
~ 4 4
.
, .
1
~
Washington State Shidy Focused on F3icycle-Collision Statistics fYOm 1988-1993 Page 1 oF4 August 10, 1997
_ Ro a d I n j u ry P reve n t i o n TranSafety, Inc.
(360) 683-6276
J ROQDS & Litigation Journal Fax:(360)683-
6719
Copyrtght O 1997 by TranSafety, Inc. info n usroads.com
Washington State Study Focused on Bicycle-Collision
&J?Statistics from 1988-1993
Historically, statistics on bicycle collisions have not found
their way into overall statistical records on collisions iti
Washington State. Ofren bicycle collisions do not meet the
collision-rcportinb criteria set forth by state statute and, .
subsequently, do not bccome part of thc data. In an effort to ,
incr.ease the k.nowlcdgc basc about bicycle cnllisions a.iid .
Ffi l2~; improve highway/traffic safety, the Washitigton State
Depat-lment o£ Transportation (WSDOT) conducted a study on
~R ipiTi bicycle collisinns in Washington State from 1988 through 1993,
using data compiled by the Washingfon State Patrol (WSP).
Ralph :C.,. WessEls discussed the study and its report ul "Bicycle
County May Collisions in Washington State: A Six-Year k'erspective, 1988-
' ~t xDa ed 1993" (Transportation Research Kec~ord Y538). . Driver and
peceased BACKG170UN;U -
Passengers If
EdgE Dropoff
Contributing This study used demographic data from fhe 1990 census. By
cause of crash means of a modified version of the Cross/Fisher bicycle-
collision collection methoci, the stuciy identifieci 22 collision
Injury to Child
Leaving Ice- categories, with collision tYPes delineated bY geograPhical area,
cream Truck age group, and road ownership. Statistics rEgarding bicycle
Did Not Result helmets were considered negligible, since only two,jurisdictions
from had mandaton' helmet laws cturing the shidy period and
Dangerous
Condition or enforcement had becn limited. Rescarchers classifiEd roadways
Nuisance by the followinb ~five £unctional types: interstate, statc routcs,
Created by
Galifomia City county roads, city streets, and ather raads.
Michigan City RE4SULTS
Immune from
Liability When
No Admissible EXCeptfor recognizing an bveral.l aitnual increasc in tlie
Evidence nw»bEr of ccportcd bicycle collisions, the autllor cautioned
showed against basing trend assumptions on fhis collision dattz, since
Intersection factors related to bicycle collisions vary from year to year.
%Was Unsafe
http://,~l~«v.usrnads.conVjoui-nals/rilj/9708/ri970805.htm . 12r)012005
Washington Statc Study T'ocused on Bicycle-Collision Statistics from 1988-1993 1'age 2 of 4
Can Graduated BicyclE collisions during the years siudied occurrcd most ofi:en
Licensing between April and October, and they happened primarily
Lessen Risks
for Young berween 3:00 p.m. and 5:00 p.m. Fighry-Nvo percent of ttie
Drivers? collisions in the study wcre during daylight hours, mostly in
clear or cloudy wcather. While males accounted for 80 percent
Washington
State Study of bicyclists involved in the callisions, researchers viEwed this
Focused on overrepresentation as primarily the result of a higher exposure to
Bicycle- potential collisions rather than as a gender-related factor.
- conision
Statistics from APProximatelY 1 Percent of motorists and bicYclists involved in
1988-1993 reported collisions had been drinking. L'or fatal collisions, the .
Automotive frequency of alcohol involvement rnse to 9 percent for motorists
Engineering and 11 for cyCllsts. •
Describes Effectiveness Approximately half of all bicycle collisions involved cyclists
of Restraints a ed 15 or less, with those a e 10 to 15 com risin the lar est
and Air Bags in g g p g
• Preventing segment of this group. Tn fact, ttie 10-to-15 age category had
Injuries to almost twice the collision rate of the next-highest groups' rates,
Children ages 5 to 9 and 16 to 24. Of particular significance was the
.
comparatively high number of serious collisions involving agres
K;bliway safe,,. 5 to 9 and 1.0 l0 15 on county roads. E'unliuidul►s cotnln&
:Uiicles on Roaei
Enginccring,Road Results of this shid correlate,d closel with othex national n~1i~~«,~C&
Y Y
Munnteawuii4 and data, which show the :ive most common factors involved in Injury Liligation.
[nfimttationand bicyclist fatali.ties axe: f'ailure to yield (23 percent), improper
consulting for Uhe
Autamobdle and Road crossing of roadway or intersection (15 perccnt), fai.lure to obey '''q°`,as `"`"'s
professionoL; in traffic control devices (9 percent), failure to kcep in proper lane
occiJeau invesqEauons. (g percent), and operating without required equipment (5
TranSafcrv's tscc ,
consumor joucnal fur percent).
eutamo6ilo and rond ' uscrs, dtnx sutrscaipaon
;°""'a'S `""l
mainienancc ~Zesults were summarized in relation to five functional classes
,
"U`'"nt"'"'g. °°d'"j"ry of roadway. The article reported data for four of these
IitigatiUrti ond highu•ny
s:-d'e,;, publicaciuns categorie.s: city streets, county roads, state routes, and the
cstnlog. Sec our frcc
consumer;ournot roC interstate system. The fifth category, other roads, recordcd only
automobilc and raad
usrrs,throesubscriptiun 4 of the 325 collisians ciuring the study period. -
journuls on ruad
IT1:iIRiC741RCC,
cnginctring, ansl injury City Strects
litigaaimk, ur,d n
highwuy sofety
puDlications caunlog
City streets accounted for 65 percent of bicycle collisions, .
followed by county roads and state routes. While the majority of
bicycle collisions happened on city streets, those collisions made
up anly a third (33 percent) of bicyclc collision fatalities. Most'
Fatalities on city streets happened at intersections, anci "motorist
action at intersections accounted for a high 30% of'the total
bicycle collisions on city streets."
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`Vash.ington State Study Focused on ]3icycle-Collision Statistics from 1988-1993 Page 3 of 4
County Roads
.
County roads were lhe location of 21 percenfi of all collisions
and 45 percent of the fatalities. Of the fivc functional types of
roadways analyied, county roads had the highest perceniabe of
bicyclists beinb struck from behind by motorists. :Cn adciition, the
percent of cyclists turning or swerving on counly roads was
nearly twice that of all roads (probably a result of narrower
lanes, poor shoulder conditions, and limited sight distance).
Most fatalities involving a bicyclist entering or exiting a
roadway at a midblock location also occurred on county roads.
Of note is the "surprisingly low" (15 percent) number of
. collision.s on county roads that werc ath•ibutable to motorist
action. •
Statc 12outes -
On state routes, intersection collisions made up close to h.alf
(45 percent) of bicycle collisions, while "bicyclists riding the
wrong way accounted for a signif cant 21 per.cent of collisions. Half of the fattzlities involved the bicyclist turning or swer.vi.ng at
a location that was not an intersection."
Interstate System
Wash_ington is onc of only a few states to allow bicyclists on
intcrstatE shoulders, and results indicated relatively few bicycle
collisions took place on interstate roadways. However, while
. . statc and intcrstate systems made up only 13 percent and 1
percent respectively of all collisions, they accounted for 1$
percent and 4 percent of all fatalities. As such, "roads with
higher driving specds arc thE locations of more fatalifies
proporfional to the overall number of accidents."
CONCLUS CONS/INIPLICATiONS
Many people think that motorists striking bicyclists from
bchind represent the majorit), of bicycle collisions, and decision
makers have considereci improving the safety of bicyclists by
having them ride against traffic. This study revealed, hawever,
that "the number of bicycle collisinns in which a bicyclist «ras
riding the wrong way is rivo and one-half times the number of
collisions in which a bicyclist was struck from behind by a
motor vehicle." ]Vlore4ver, beinb st~uck fi-om behind accounted
for only 5.7 percent of all coUisions. A_gain, Ylle 5-fo-9 and 10-
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Washington State Study Focused on F3icycle-CoUision Statistics fi-om 1988-1993 Page 4 of 4
to-15 age groups were most involved. Of note is the fact that .
bicyclists being hit £rom behicld and bicyclists turning or
_ swerving accounted for 12 percent of bicycle collisions but
constituted 40 percent of fattllities.
The study provided information that can be used by a variety
of groups ir.lterested in iinproving and proinoting bicycle sa.f.ety.
In fact, "the report has become a key component of WSDOT's
nonmotorized Safety Management System (SMS). . .
Moreover, the report would suggest that a key area for action
should be education, not only Af bicyclists and motorists but also
of policymalcers and decision makers, whase information on
bicycle issues can be incorrect and short-sighted. The author
concluded:
Safety-improvement programs that only use motor- •
vchitle cullisiun rccords to determine safety
improvements are inherently biased against bicycles as
a transptyrtxtioa mode. A change in thc reporting
requirements for bicyrle collisions iti necessary to allow
Probleai areas to be better identified ancl safety
improvement5 to bc spccifically txrgeted toward
bicycles. Safety-improvement p.rogranis that o.n.ly use motor.-vehicle
. collision records to determine safety improvements are
inherent•ly biased against bicycles as a transportation mode. A
change in thc reparting requirements for bicycle collisions is
neccssary ta allow problem areas to be better identified and
saf.ety improvements to be specifically targeted toward bicycles.
~
Copyrigllt 0 1997 by TeaiiSlfery, hic.
~ac~l to thc Road Injury Peevention & Litigation Juuroal Indcx
http://www.usroads.com/journals/rilj/9708/ri970805.htm 12I30/2005
: _ ;z... ~`'i' =m._•~
BrI`n
2 F t 1.....rY~
of America
Bicycle Safety
M v $?OL Vreenro I)Sui'tQ GLI~
't: . IvicLea~i; ~~~r1•:221112' - ~
tV I~imtlx (lel~lir~e: 13 SUp 44~ G444 31;
faviilYheljilirie~a biausa ot~ , ,
=vri}isv.biau`sa;cira'
- Bicc{e~ri'd
i_n:g poses many risks and always should be done correctly.
Bicycle Facts Who, What, When & Why
• More kids ages 5 ta 14 go to the hospital • The number of people who ride bicycles
emergency departments with injurics related rose &nm 66.9 million in 1991 to 80.6 in
to biking than with any other sport.' 1 y98.' • Fach year, about 567,000 peoplc go to • Distribution of'bicycle-related dcatkis in
hospital emergency departments with 1999:
bicpcle-eelated injuries; about 350;000 of .
thase injured are children under 15. Of • 37 percent of all deatlis occurred
~ those children, about 130,000 sustain brain behveen 5 p.m. aiid 9 p.m:'
injuries.' .
• July, August and Seplember have the
• Each year, bicycle-related crashes kill about • highest percentage of.' bicyle-related
900 peoplc; about 200 of those kiiled are deaths.'
children under 15.2
• Males are seven times mnre likely to
• Statistics show that beriveen 70 and 80% of die in bicycle crashes than females 4
all Fatiil bieyelc erashes involve brain
injuries.z • Tn 1999, 35 percent of bicycle-related deaths
occurred al intersectipns.g
• 90% of bicyele-related deaths involvc
collisions with motor velticles.2 • Bicycle ulcidents are most lil:ely to 4ecur
within five blocks of home.b
• Almost half of All bicycle crashes occur in
driveways and on siclewalks L
.
. ,
Creatiitg u hetter fitture throrigh brain injrrry preverrtivn, rr.se(ircli, editcution utid advocacy
nPfii 2001
Bicycle Helmets Bicycle Helmet Checklist:
• In 1997, 813 bicyclist.s were killed in • Buy a helmet that meets the safety standards
crashes, an increase of 7 percent from the of the Americati National Standards InstiCute previous year. 4f these, 97 percent were noC (t1NSI) or the Snell Vtemorial Foundation.
wearing helmcts.'
• Always da these things to ensure a
• Medical researeh shows lhac 85 perecnt of proper fit:
bicyclists' head injuries ean be prevented by
a bicycle helmet.e l. 'Tigliten the chin straP to keep lhe
helmel from slipping forward or
• About 50 percent of all bicycle riciers in the backward.
. U.S. regularly wear bieyele helmets - a rise
from 18 percent in 1991.' 2. Only riwo tingers should i t under the
chin strap.
• Of the 50 percent of bikers whci regularly
wear a bike helmet, 43 percent said they 3. Place the helmet directly over the
always wear a helmet and 7 percent said forehcad.
they wear a helmet more than half of thc
time.' • `Vearing a helmet corrcctly is vitally
important to the ability nf the helmet to
- • Universal use of helmets could prevent one work effectively in preventing injuries.
deach every day and onc brain injury cvery
four minutes.=
• Half af all bike riders, do not wear a helmet
regularly, which is the single most effective
protection against brain injury.'
• PIaving fi•iends or parents who wear bike
- - - - - -
- 'helmets significantly ericourages c -i - reri to- " - - - '
use tllem.g
~
Sau►cos:
1. C4'SC, Mc0uml1ds Rdezx :tciatul Sm-ry m Dilce HdUne Us:tSe Fkler_t lise mi tte Riu Svt [filfof A!I Riden Still Nu1 REaing Hdmar. April 21. 179.
2 Oicyde }(dmK Sday Irmtum: A Cccrqmdiicn of Sciristio fmm %Stiaa Soacu hep:Gbww.h,4si.o~~JwcEMaMaulun (luws+y zb, ~LOt)
.
7. M{ISA. £h;',iv &yCryFa-fi: Ptd-d Clc fixt, 1979
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kane .
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11707 E Sprague Ave Suite 106 ♦ Spokane Valley N/A 99206
509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallpspokanevalley.org
, , . , . ,
Memorandum,
To: Dave Mercier, City Manager and Members of City Council
From: Marina Sukup, AICP, Community Development Director
CC: Nina Regor, Deputy City Manager
' Date: January 10, 2006
Re: Plastic Injection Molding Staff has received a request for consideration of "Plastic Injection Molding" as a
permitted use in business zones. Using current technology, the process involves
heating plastic pellets within a mold. No solvents or Volatile Organic Compounds
are used in the molding process. Machinery is hydraulic, generating less noise than
a small forklift. The process is fess intensive than a print shop which is a permitted
use in both B-2-and B-3 business zoning districts. '
. Currently the use is permitted only in I-2 Light Industrial and I-3 Heavy Industrial
zoning districts. Under the land use classifications proposed in the draft
Comprehensive Plan, the iase is consistent with a"Corridor Mixed Use" designation.
A hearing is scheduled before the Planning Commission on January 12, 2006.
The proposed amendment was sent to CTED on December 8, 2005, and a
Determination of Non-Significance (DNS) was made on the same day, with
comments due on December 30, 2005.
~ -
Attached: Draft ordinance '
DRAFT
C1T'Y uF SPUK.ANF VAI,LEY
, . SFQICAi\~N; COiJNTY, VVASlili\'GTC)N
ORnINr1NC:N, N0. OG-_
Ai1T ORn1NANCE OF THL CTTY OF SPOKANE, VALLrl', SPOK.A.NE COiJ\7TY,
WASHlNGTON, Al1'.[FN`DIING CFT.APTE1214.623, BCJSINF:~SS ZOINES IViATM,
CUlliF'1E1:) AS SLCTION 10.30.060 OF THE, SPOICANE VA.LLEY iti7i3NTC[PAL
CQDE, TO PTR1VIl'i PLAST1C 1NJFCTION MOLDENG IN CTRTAYN 13T7SINLSS
. 7O\°F, S.
WIiF,REAS, the City of Spokane Valley Ordinance Nn. 03-053 codifed as 1030.060 of the
Spokaiie V<<Iley Municipal Code, adopCed the Spokane County Zoning Code as Interim Developrnent
Regulations pursuant to the requirements of RCW Chap. 36.70A; and
WlURFAS, the Comprehensive Plan Goal Goal UI...Sa is to "[p]rovide consistent,fair and Cimely regulations that are ilcxible and responsive and ef~'ective"; and
. W1iL+"REA:S, Policy UL.5.6 is to "[r]evicw development regulations continuously to cnsure clarity,
consisilency,predict<<bility and dirECCion"; and
V1'LiL+"ftEAS, the technology associaCe<l with plascic injcction molding involves heating of plastic
pcllets into a molcl without the use of'solvents ar volatile organic compounds; and
NNTHER1sAS, the process is not inconsistent with ot.her uses of similar or greater lancl use intensiey
allowed within certain buiness zoning districts; ancl
WHLItEAS, a publie hearino was helci laefore the Spokane Valley Planning Commissinn on
January 12; 2006 to provide the opportunity for public eommenC on tMc proposed regulations; and
. WIi.H,1tE.4S, the proposecl development regulations must be submittcd to the Washington
lleparLment of Community`l'rade antl Fconomic Uevelopment pursuant to WAC 365-195-620;
i\`UW, TT:IE12_CF0RF, the City Council of the CiCy of Spokane Valley, Washington, orclains as
tollows;
Section 1. Chapker 14.623.020 is arnended to add ihe followinb use in Business Zoncs Matrix as
follows:
H-1 l4-2 B-3
Plastic Injection malding N V P
Section 2. Sevcrabilitv. If any section, sentence, elause or phcase of this ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconscitutionality shall not affect the valicliry or constitutionality of any other seecion, senteiice, clause or
phrase of thi5 ordinance. Sectinn 3. Lffective Date. This Urdinanee shall be in Piill f.'orce and effect fvc days sfter
publication of this Ordinance or a suro.m<3ry thereof occurs irn'the official newspaper of the City iis pravided
by law.
F'ASSED by the City Council this day of , 2006.
ivlayvr, Diana Wilhite
$usiness "LoiSe Matri:: Pugc 1 aC2
DRAFT
ATTES 1':
City Clerk, Christine ]3ainbridge
. Approved as to Forni:
Off ce af the City Attorney
D3tc of Publiciitian:
I:, .ff.ectivc DaCe:
Busincss Gone Nfatrix 1'age 2 of 2
CITY OF SPOKANE VALLEY Request for Council Action
Meeting Date: January 10, 2006 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
~ information admin. report ❑ pending legislation
AGENDA ITEM TITLE: Information: An ordinance extending the UR-1 Urban Residential
Estate Interim Zoning for a second six months in the Ponderosa and
Rotchford Neighborhoods and amending the findings of fact and work
plan.
GOVERNING LEGISLATION: RCW 35A.63.220, Spokane Valley Ordinance 05-025
PREVIOUS COUNCIL ACTION TAKEN: Ordinance Na 04-035 extending the Interim
Zoning for an additional six months by Ordinance
No. 05-025 adopted on September 27, 2005 as an
. emergency measure.
BACKGROUND: A moratorium or interim zoning ordinance may be renewed for one or more
six-month periods if a public hearing is held and findings of fact are made prior to each renewal.
The Interim UR-1 Urban Residential Estate Zoning was originally effective on September 8,
2004. A renewal of six months was authorized as an emergency measure on September 27,
-2005, expiring on March 6, 2006. The updated work plan had anticipated completion of the
Comprehensive Plan prior to this date. The following work is not expected to be complete until
after that date:
. Approval of regulations implementing the Comprehensive Plan.
• Revision of floodplain maps for Saltese Creek by FEMA.
• Finalization of stream reclassification by the Department of Natural Resources.
• Completion of a draft Natural Hazard Mitigation Plan with the concuRence of
emergency response personnel relating to urban wildland fire and evacuation
• The resolution of' the wastewater capacity issue resulting from the Total Maximum
Daily Load (TMDL) Study by the Department of Ecology and the Environmental
protection Agency (EPA) remains incomplete.
A public hearing is scheduled for January 24, 2006. OPTIONS: Establish UR-1 Urban Residential Estate as permanent zoning, approve the
extension following a public hearing, deny the extension.
RECOMMENDED ACTION OR MOTION: None required.
BUDGET/FINANCIAL IMPACTS: Not applicable.
STAFF CONTACT: Marina Sukup, Community Development Director
- ATTACHMENTS:
Draft ordinance, Findings of Fact, Amended Workplan
DRA}1.
CITY QF $POKANE VALI.,FY
Si'OKrVV~+ COIJNTY, VVASFf11TGTON ,
OIZDINANCE N(U.
AN OI2DI:NANCE Ok 'CkIF CITY OF SPOK.ANE VALLI:Y, WASHINGTUN,
F.XTENDINC.: T.TJ-E ITIZBAN RESIDENTIAG FSTATE (UR-1) ]11''TEltliN-l
70NP1G AUTAORI'LED 13Y ORlliNANCF NO. 04-035 FOR Atrl
ADDiTTONAL SIX.MO\TTHS BF,YOND fHE FTRST .EXTENSTON
Al'PKqVTD BY O12DT~~ANC:E i\'o. 05-025 liY TIiE Pp1'DE.1tOSA AND
RQTCl3FO1tD AREaS AND ANIENllING THF WO1tI{PLAN ANll
llECLAR.l1iG AlY URGFNCY A\''ll EvTFRGENCY NCCESSITATING TkT.T
T_1ViMMllLATF An01''1'ION QF THE OI2DINA.NCE AND FURTHER Tli.AT 'I'HE QRD.T1Vt1NCE SFiAI.,L BE EFFECTIVE UYOY ADOPTION
WWT:REAS, The GroAvt:h Management A.ct provides dhat all zoning regulations be consistent with
an adopted Comprehensive Plan (RCW 35E1.63.105); and
WHER.[::AS, RCVV 35A.63.220 provides for establishnlent of interim zoning for up tn one year
following a public hearing where a Work plan is developed for related studies; ar►d
Wf-iERT'AS, the interim zoning ►nay be * estended for one nr more six-monch periods 'if a
subsequent.public hearing is held and tinctings of fact are made prior to esch renewal; and
, j WHHRFAS, the SUokane Valley Lo«iprchensive 1'lan is iiot yet complete;
W.T-[FREAS, various stuclies required to eomplete the aniilysis of thc environmental impacts
rcmain i.ncompletc; and Nkrf-TFTZEAS, the neighborhoods desire Co continue the Interim ZOtllt1g until such Yime as full
anitlysis has bcen cUmpleted; and
WI4-FLREt1S, Ordinance No. 05-025 extended the interim zoning for a periocl of six mont:hs until
March 6, 2006; WITE IZ.HAS, the City Council held a public hearincr on January 24, 2006 ancl approved revisecl the
Findings of Fact and «'orkplan; and
NOW, T'HEREPORF, the City Council of the City of Spolcane Valley, NVashington, ordai.ns as .
follows: "
Section 1. The Interim Urhan Residential Fstate (UR-1) Zoning is hereby extended for an additioiial
six month period within thc original boundaries and subject to the regulations set forth in SPokanc Valley
Ordinance No. 04-035.
Section 2. . Severabilitv. .T_fi'any sectio►i, sentence, clause or phrase of this ordinanee shall be held to be •
invalid or unconsdt'utional by a courC of competent j urisdiction, such invalidity or unconstitueionality shall - not affect the validiCy or constitutionality of any other seCCion, sentence, clause or phrase of chis
' ordinance.
F'age 1
DRAFT Section 4. Effective Taake This Ordinance shall be in fiill force and effect five days after publication of this .
Orclinanec or a summary thcreof qecurs in the official newspaper of the City as provided by law.
PASSFD by thc City Council Chis day of February, 2006.
Mayor, Diana Wilhite
AZ"I'EST:
City Clerk; Christine Bainbridge .
Approved as to Form: ,
Offiee of the City Attorney
Date of Publication: Fffi3c2ive Datc:
Paee 2
. ~ `
DEPARTMENT OF COMMUNITY~DEVELOPMENT ~ : r, ` ~ i` 7 • tt..,~ k. ^ K~~ ~ +s ~ ~ .i '
~ c-- ` . ' Se~ `S . , , , , . .
J n S t X y Y f l ) ~ ' , .
I.dl [ lF poKane ``,h~ ~ ~xt " FINDIN:GS ~4F4 FACTti . . . .
- h. . . .
s° REVISED .1A~NUARY'24, ~200fi.
V' .y 2.... f • t~
alleY
~SECOND.EXTENSION OF INTERIM :URBAN RESIDENTIAL ESTATE: . • ~ ~ (UR-1) ZONING FOR SIX40NTHS~ •
STAFF REPORT DATE: January 24, 2006
PROPOSAL DESCRIPTIOrv: Extension of interim zoning controls to limit residential densities for a period
of six months, and to continue practice of allowing the keeping of large animals on residential lots.
PROPOSAL LOCATION: Portions of the Ponderosa and Rotchford residential subdivisions.
PREPARED BY: Marina Sukup, AICP, Director, Spokane Valley Community Development Dept.
1. BACKGROUND INFORMATIOfd
PROPERTY INFORMATION:
...i
Ponderosa: Located adjacent to Browne's Mountain on the southern edge of
~Characteristicsthe City, neighboring the Dishman Natural Area on the northwest and the Iller
Conservation area on the south. Fully developed single-family residential lots
generally exceeding one acre in size, served by local access and residential
' ~•s"::`%` °~Y-~~: collectors. Limited access to munici al wastewater collection s stem. Terrain
hilly with intermittent streams fe ding Chester Creek. Portion of the
~:F,``>' subdivision located within the 100-year floodplain. Large stands of native
: .
Ponderosa pines. Abuts a closed landfill. Platted in phases between 1964
. and 1992.
Rotchford: Located on the eastern edge of the City. Fully developed single-
family residentiat lots generally exceeding one acre in size, served by local
access and residential collectors. No access to municipal wastewater
collection sYstem. Rolling terrain abuttin9 steep hills with draina9e into
.
Saltese Creek. Saltese Creek is located within the 100-year floodplain.
`Platted in 1974.
Both subdivisions were originally platted as residential subdivisions designed
. -for the keeping of a limited number of horses.
SURROUNDING COMPREHENSIVE PLAN Sc ZONING
Comprehensive Plan - Low Density Residential
fF?roperties':~
Zoning - Interim UR-1 Residential Estate
,
Prosetvatfon of Existing Resufential Subdlvisions (UR-1 Interim Zoning)
FINpINGS Revised
February 24, 2006
1 oi S
II. FINOINGS OF FACT AND CONCLUSIONS
INTERIM COMPRENENSIVE PLAN:
Relevant provisions of the Spokane Valley Interim Comprehensive Plan are found in Chapter 6
(Housing) includes the Vision -"Spokane County is a community that provides the opportunity for a
variety of housing types and development pattems for all incomes and lifestyles while preserving the
environment and the character of existing neighborhoods."
"Planninq Principles
The following planning principles, developed through citizen participation efforts, form the basis for
development of the Urban Land Use Chapter.
• Compact urban forms should be encouraged that create a greater sense of "community," with
pedestrian/bicycle-friendly settlement pattems.
• Neighborhood character should be preserved and protected.
• Jobs, housing, services and other activities should be within easy walking distance and shorter
commute times of each other.
0 Communities should have a center focus that combines commercial, civic, cultural and
recreational uses. , • Streets, pedestrian paths and bike paths should contribute to a system of fully connected
routes.
• Communities should have a diversity of housing and job types that enable residents from a
wide range of economic levels and age groups to work and reside within their boundaries.
General Goals
UL.1a Provide a healthful, safe and sustainable urban environment that offers a variety of
opportunities for affordable housing and employment,
UL.1b Create a future rich in cultural and ethnic diversity that embraces family and community values
and recognizes the interests of the +rvhole community. '
Goal UL.2 Maintain and enhance the quality of life in Spokane County through urban design
standards.
Policies
UL.2.1 Establish minimum performance standards within the zoning code for nuisances such as
noise, vibration, smoke, particulate matter, odors, heat and glare and other aspects as appropriate to
ensure compatibility with adjacent land uses and neighborhoods.
UL.2.2 The design of development proposals should accommodate and complement environmental
features and conditions, and preserve and protect significant cultural resources.
UL.2.6 Develop urban design °guidelines" that provide consistency of application for the design
review process. The guidelines should focus on the functional interrelationships between land use, site
design, neighborhood character and transportation systems.
UL.2.9 Develop neighborhood, subarea and community plans with specific design standards .
that reflect and preserve community character, ;
UL.2.11 Promote linkage of developments with open space, parks, natural areas and street
connections.
' Preservation of Exisiing Residential Subdivisions (UR-1 In#erim Zoning)
FINDINGS Revised
February 24, 2006
2 ot5
UL.2.12Enhance and preserve the site characteristics of residential development (existing trees,
watercourses, historic features and similar assets) through sensitive site planning tools such as
clustering, lot averaging, transfer of development rights and flexible setback requirements.
Goal UL.4 Encourage exemplary developments and creative design through the use of
performance standards.
Policy
UL.4.1 Allow flexibility and innovative design through the use of performance standards which
emphasize outcomes.
Goal H.1 Coordinate housing policies and programs with other jurisdictions, agencies and
neighborhoods.
H. 1.3 -"Provide opportunities for early and continuous participation of citizens and neighborhood
groups in land use and community development planning processes."
H. 1.5 -"Encourage the creation and continued operation and effectiveness of neighborhood
associations through neighborhood and subarea planning programs. .
Goal H-2 Reduce regulatory barriers and allow greater flexibility in the housing
development process.
Policy
H2.2- When developing housing regulations, consider the balance between housing affordability and
environmental quality, design quality and maintenance of neighborhood character.
H2.3. Develop consistent, precise, fair and enforceable regulations that maintain environmental quality
and public health and safety standards, while minimizirig housing development costs.
Housing Policy H2.5. Provide incentives for safe and decent housing that is in close proximity to jobs,
transportation and daily activities.
Goal H.3a Develop a variety of housing options for all economic groups
Policy
. H3.2 Ensure that the design of infill development preserves the character of the neighborhood.
Goal ED.5b Promote publiclprivate partnerships that encourage innovation and creativity in the
economic expansion of our region.
Policy
ED.5.6 Review development regulations continuously to assure clarity, consistency, predictability and
direction. Provide opportunities for citizens to initiate amendments to inconsistent, outdated,
inappropriate or unnecessary or confusing regulations. Amendments shall be consistent with the
Comprehensive Plan. •
NEIGHBORHOOD CHARACTER:
Ponderosa: Low density residential designed for on-premises maintenance of a limited number of
horses. Heavily wooded with rugged terrain in parts. Expansion to the northwest precluded because
of the Dishman Natural Area and terrain. Over 95% of lots fully developed. Some remain vacant
because of topography.
Rotchford: Low density residential designed for on-premises maintenance of a limited number of
horses. Terrain is relatively flat east of Sullivan Road with steep hillside limiting any easterly
expansion. Equine easements provided on local streets. Subdivision is fully developed.
Preservation of Existing Residontial Subdivisions (UR-1 Interim Zoning) FINDINGS Revised
February 24, 2006
3of5
Social Character: Well-organized and cohesive neighborhoods.
DESIGN QUALITY: Local access and residential collectors designed to accommodate lots of
approximately one acre. Single-family housing is well-maintained and designed for residential _privacy. A limited number of large animals, especially horses is a design theme in both •
neighborhoods.
The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
established implementing regulations, performance or design standards to assure the quality
of residential design to preserve neighborhood character pursuant to this Plan.
ENVIRONMENTAL QUALITY:
Wastewater. Limited access to public sewer in the Ponderosa. Balance of property relies on septic
systems. Rotchford Acres relies entirely on septic systems. Re-subdivision to increase residential
densities should not be permitted absent an organized wastewater collection and treatment system.
Potable Water. Ponderosa is served by Spokane County Water District #3, Rotchford by Vera Irrigation
Dist. #14, both Group "A" Community Water Systems. Re-subdivision to increase residential densities
will require adequate supply and pressure for domestic consumption and fire protection. Stormwater: the Ponderosa subdivision has intermittent streams that drain to Chester Creek. The
contribution of to the rate and volume of flows from additional impervious cover resulting from re-
subdivision could result in an environmental damage as yet undetermined for which mitigation would
need to be established in a planned and coordinated manner. Similar concerns concerning drainage
which could affect Saltese Creek. A significant stream traversing the neighborhood has been
reclassified as a Type 4 stream by the Department of Natural Resources Division of Fish and Wildlife.
The implications of this change have not been assessed. The Federal Emergency Management
Agency proposes to release draft floodplain maps affecting Saltese Creek is mid-2006. _
Erodible soils: Both the Rotchford and Ponderosa subdivisions include or abut geological hazard
areas which require further evaluation prior to allowing additional residential densities.
Native Vegetation/habitat: Ponderosa-includes areas of wildlife critical habitat for White Tail Deer and
threatened species.
The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
, established implementing regulations, performance or design standards to assure the
continued preservation of environmental quality in outlying areas with limited public
infrastructure and specific environmental conditions, such as steep slopes, intermittent
flooding and highly erodible soils.
PUBLIC HEALTH & SAFETY: Access: Ponderosa: Property lies west of the Union Pacific Railroad with only two points of access.
Additional access should be required prior to any increase in residential densities for evacuation and
emergency services. The evaluation of access will be incorporated in the Natural Hazard Mitigation
Plan under development by the City of Spokane Valley in the Fall and Winter of 2005-2006.
Animal Maintenance: The requirements for the maintenance and upkeep of even a limited number of
large animals raises issues of compatibility resulting from noise, odor, proximity to residential
structures, flies, etc.. These issues are compounded with increased residential densities and
requirements for buffering for any additional residential densities may be required.
Landfill: Ponderosa: The proximity of a closed landfill to an increased number of residences requires -
,
additional study. • The Spokane Valley Comprehensive Plan is under review. Spokane Valley has not yet
established implementing regulations, performance or design standards to assure continued
PreservaUon of Existing Residential Subdlvislons (UR-1 Interim Zoning)
FINDINGS Revised
February 24, 2008
4 of5
compatible principal and accessory land uses within residential neighborhoods in
conformance with the draft Comprehensive Plan.
PUBLIC NOTICE:
Current property owners purchased property with notice of existing regulations pertaining to the
keeping of large animals. The Short Plat process requires notice only to adjacent property owners.
COMPLIANCE WITH THE STATE ENVIRONMENTAL POLICY ACT (SEPAI: Ordinance No. 48 (effective
March 31, 2003) adopted on an interim basis by reference the Spokane Environmental
Ordinance (Spokane County) thereby implementing the State Environmental Policy Act
(SEPA) and Chapter 197-11 of the Washington Administrative Code (WAC) within the
jurisdictional limits of the City of Spokane Valley. An Environmental checklist' was
completed and a Determination of Non-Significance was issued on April 26, 2004.
Conclusions were- based on the finding that a regulation preserving the status quo would
have no adverse environmental impact.
Conclusion(s):
Permitting piecemeal increase in residential densities without the establishment of
implementing regulations, performance and design standards raises serious issues related to
preservation of neighborhood character and design, maintaining environmental quality, public
health and safety, and the adequacy of public notice, which require additional study prior to the
establishment of permanent regulation:
III. DECISION
The Interim UR-1 Residential Estate Zoning adopted pursuant to Spokane Valley Ordinance 04-
~ 035 and extended by until March 6, 2006 pursuant to Ord9inance No. 05-025 should be extended
for a second six month period pending completion of environmental review and the
development of implementing regulations, performance and design standards to preserve
neighborhood character, maintain environmental quality, and to ensure the continued health,
safety and welfare of the areas pursuant to RCW 35A.63.220 following a public hearing before
the City Council. Resolution of issues shall be accomplished in accordance with the revised
Workplan attached as Exhibit"C"
Prescrvatian of Existing Resldential Subdivfsions (UR-1 Interim Zoning)
FINDINGS Rsvised
February 24, 2045
5of5
t-
~
; 1.
, ~
, ~ ~ ~~~1~J - -
• _ ' _ , + ~ ~ ' J _
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~ ~ t I Y
,
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Exhibit "A" Ponderosa
(Portion)
_ - - - .
Exhibit «B"
Rotchford Acres
~ . _ ~~•[J~ ` ~ ~ - ~
l C--`-~ ~y ` ~ _ ~ 1 • ~ . . ~ I y _ I L , , . ' ~ . ~ c , Y ~ .
. - ~ ~ ' - r~• I ~ _~_~'yr{~.. . ~_'+~~r _ ~ " . ~ ' ~ .
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tl~ _ .
Exhibit °C"
_ REVISED UR-1 Interim Zoning Work Plan
February 24, 2006
• ' I ' 0205 I 0308 , I . .
, ID' . Task 1Vamc Star1. Firfrsh Ot.!rvtr'ort
• - • ~ , . : f+lRr I Apr IMY ~ Jun I Jur I A14 Scn
I
1 I NcighbofioorJ Character I 316/2006 91612006 26.6w
Coniprehensive Plan. 31612006. ~ 9J6f2005 . 2o.6w
- ' Adanted . , ' _ _ . . _ 1 i
3~ I Design Quality ~ 318/2004 I 9/6/2006 I 130.0w
w
4 I Environmental Quality ~ 3l2812005 I 9I612006 ~ 75.6w
, : ti9!&/2006 1
' ~ 75.6w.,
-~Wltese Creek Fte=Map., 3128I2005•I
' I.. - .
6 I Public HealthlSafety I 31812006 I 8122l2006 I 24w,
7. I : Fiazard; P.litigation: Acoess i~.>.3/81'2006 ' i 8/22J'20~D6 _ 2Qvr: ,
Ir .l
8 I Public NoUce ~ 6l912006 I 7/11/2007 ~ 56.71w I
9:I Regulatory Review ~ 3f2712006 I 8116f2006 I 21w ~
~ 10 IF_ : Zomp Plan Regs-Draft. 1`~ 3/27/2006 jly ~8/1 812 0 0 6 , • ' 21yv
Original7asks
. • ~ Nevr 7asks
Spoka.ne County I.,i brary Districl•
Spokane Valley Li.Urary Services and District Support
R.eport to the Cily of Spokane Valley .
Novembe.r. 2005
LIBRARY SERVICES
' -Cusiomer use measurES, District-wzde
As year-end nears, most traciitional aistomer use mEasures are at or slighi:ly above 2004 levels. The
exccption. continues to be reference incluiries, whi.ch aze up 70%. In Web-based scrvices, re[erence is
u.p 28%, renewtils 26%, liolds 25%, databasc, searches :1.8 % and dat-abase rEtrievals 165%.
Library cardholtiers totz.l.ed 110,626 at the End af Novenlber; an 1.1.9% increase f7otn Navember 2004.
Library resources, District-wide 'the liUrary rnatcrials col.l.ection size at the end of 'NovembEr was a fxaction of a percent ahead oE last
year at that hi_tne, rvith a tolal of 397,742 ite.rns -excluding the 11,000 new materials now stocl:piled.
' for \!tor.an Prairie. Thus far in 2005, 75,739 print and audio-visu.al materials have been add.ed -,tr1d
59,121 deleted.
Customer use uieasures, Greater Spokane Valley
(n the Great'ex Spokane Vallcy, usage trends genera.l.l.y rnirror the District z.s awhole. Once ag;ain,
% • circulation, referencc: inquiries, and soEtwaxe station baoki.ngs c-uc down; khe door c4u.nr, prograin
~ attenda.nce, and meeL-i.ng room boo.kings are up. Spokane Valley Library Card.holdErs totaled 37,147 at
the end of Uctober. 1'here were 9,920 custorners regislerecl at Argonne and 5,774 at Otis Orcha.r.ds.
Librar.y xesourees, Greater Spokane Valley
TI-ie Spokanc Valley Library ii,aterials collecrion toraI conti.ciues to be 6"/o abovc Iast \TOVember wi1:11
114,8$4 items. So far i.n 2005,17,61.5 i.ten,s have been added, rno.re tht-u► a 70°/u collcction update.
Spol:ane Valley has received 23.26% o.E this yeae's new materials. With Arg;onne and Ods Orchards,
L•he Grcater $pokane Valley has been al.located 35.2$ m of new purchascs.
Selected Novenlbez 2005 Sfiatistics Cireulation 17nor count Reference Program Sofhware Station
Inquiries Attcndance Tiookings
YTD YTT) to YT'D YTD to Y['Ta YTD ta YTU 1°1'I) to YT'IU YTD to
2005 2004 2005 2004 2005 2004 • 2005 2004 2005 2004
SCi..i) 1,690,600 - 0.4% I 841,4911 + 0.9% 1 250,114I} 9.9%I49,453 + 0.8% I 1.69,1011 0.0%
Spo Valley 459,989 - 4.5% I 247,589 I+6.$% 69,1811 -4.7% I 13,036 + 13.3%I 54,9271 - 0.6% I
I Azgonne 1.03,8411 - 7:3%1 62,706I-1.2.9% 10,688 + 3.49b I 1,431 I- 25.996 13,4351 t 4.59b I
(?Ns I 81,3421 - 9.7%I 40,923 - 7.9% I 7,267 + 3.4% 1,7501 -13.3%I 8,0621 + 2.5%I
Subcotal I 645,1.721 - 5.64'~, 351,218 + 0.9% 87,1361 - 3.195 16,217 I+ 4_99'o I 76; 424 I+ 0.6%
.'%u SCC[7 I 38.2%I I 41.7w I I 3~1.5% I I 32.895 I - I 45.2~'4 I
1'age 7, of 5
Novembcr 2005 Registered Custamers by Bxanch of 1Zegistration
2005 7'otal % of YTD Change "/u A.dult % Youth SCLD frnm 2004 -
Total 110,626 +14.656 749G 26%
5CLO
I Spo Valley I 37,147 33.696 I + 9.5% I 769o I 24°b I
: I Argonne I 9,920 9.09b I + 9.49b : I 769a I 24°,6
ONs I 5,774 5.2% I +8.8% I 67% 33%
Subtoral I 52,841 47.8% I +9.4 % I - I - I
At branches ser.ving Spokane Valley residents...
Regiona.lly: November was a normal month from a custonler use point of view. l;ntemally, however,
it was .far from "normal" duc to ongoing spccial projects: getti.ng ready for the inove to the new
Morzn I'rairie bxanch; reworki.ng d1e enti.re staffing schedu.le to accommodate die January increase in
Apen hours; plannuig sessions for rcvievv of outrEach services ancl centralizEd phone service; and
pianning for VoIl' phone system installat-ion.
Regional adult and youth sertrices supervisors warked on deternuning the exact shelving loeations
for specific material collectians in the new Moran Prairie brinch. 'I'he mdnth's After School. SpeCial
for ldds wa.s rnaking hanging "l•hankful boxes." The icica was Eor each fa.niily to write on a pieCe of
paper sornething they were thankfiil for, place it in the box, and then read them. bPEore ar after
Tha.n.ksgiving ciinner. - '
In circu:lation, work continueti wi.th blaclccd Outreach Services facilihcs, Nvh.ich are slowly Finding
m.issing materials. SincE june,1,51 items were IASt; evcrything lost prior to that time was cleared.
Branch highlights: AttendancE at one of the Spokane Valley todd.ler storytim.es during the month
was 79. :Ivfore new fu.rniturc has arrived: a bean bag chair far the teen area, a new chilclreci s table,
a.nd half of the children's area chairs. Taking the idea from a workshop, the chilcirezi s heen area has a
box laheled "The Bax oE Good Boaks" -good stories that weren t checking out as well as we'd. l.i,ke,
. but now are. 1'he idea was quickly repJicated in the tee.n area. The November 1°or Lvvc? of Movies ,
showing of "The "I'hin Mari' saw 12 in attendance, one of the larger "grotivn up movie" cr4wds in a
while. .
t1t Argorine,.a Friend of the Li.brary provided t-wo marionecte.s, wluch are 50 yEars or inpre old, .fox the
ciisplay in tlte glass case. OnE of br.a.nch supcrvisor Judy Luck's favorite c-xperiences dur.i.ng
November invol.ves thc author of a mystery serie.s. "A cusi•omer haci requested a title that appeared
in the bacl< of one of the bool:.s, and I cou.ldn't find it anywhcre. I did fuld a website for her series,
sent an email, a.nd got back an i.mmed.iate response froni the author. She said she used to be an
elementary school ]ibrarian a.nd "always envied pEOple at the rEfcrence desk-they always looked as
if tihey wcre havi.ng such a good time! Refere.nce wark seeaied so glainorous!" "C'kiat pretty much
says it all..." ,
Fram. the Otis Orcliards monthly report "Our page found a hand-written ]etter auiside pur cloor
when we opcned one day. In a very young person s writing was an apo.I.ogy from Eir.i,ly for jumping
off our chair onto our pole. She was very sorry and knew it was wrong. None oE us noticed ttti5
blatant act of recklessness.
Outreach highlights: With assistance fron1 adult care activity directors and cu.stonlers living in the • facilities, an adciitiona155 pe4p1e obt"ai.tled individual. library cards. Issuing lib.rary cards fu.lfills our
, I'abe2of5
new pracdce of having individuals a.nd not Eacilities ehcckout nlatei'ials. Good S..~naritan and
Cheney Assisted T ivi.n.g centers arE n1ovulg to a"Browse Basket Service.° This nlonth's custorner
quot:e: "My forgetter works.really wcll."
Fr.iends of the Library: greater Spokanc Va11ey
Spukccr-ie Vallc~J: 'Che Triends had its inontlily meeting imZCi discussed a variel.y of activities for next
year, but the nne thak was at the top of tlle l.ist was "17oing samEthing for the slafF fo.r the holidays!"
It was very in-ipre.ssive to haveailI of them taik aboul• how much they value thesL•a.ff_
Fricnds of the Library: qther. T)istrict
fl.irzvrcy Ile-iglr.ts: 'l:h.e Friencls of the AirwTay Heighls library are hostung a?vteet the A.uthor rught
Thursciay, Deceniber 7.5t. T. Dawn Richard, a loca.l au.l•hor, is sharing her HTriting experience with the
grola.p and will artiswer quest7ons of how to beconle apublished au.thor. [Nate: This evenh was
cancelled due to bad weather.... reschedu.lea d.ate yct to be zuuloanced.j
Taeer Park: The Deer. Paxk Friencis nlet t4 discuss thei.r uproming baok sale during Wiriterfest. T'hey
wer.e given a tiTish lisr tliat includes a e11air and a half Eor the adult brawsing area.
Triirield: '[he Friends agreed lo aJlorv onE of thEir menlbers to sell donatecl baaks online.
Muran Prrririe: The Friends planted abou.t 1.400 btilbs on the new Uuilding site khis month and voted
to provzde funds for the granci o~.~ening.
O •
Library mater.ials
• 1,21:1 l-itles and 3,193 copies were oraerecl. 7,098 iteuis wereprocessed and sent to Uru-iches; 5,$36
itenls were del.etetl froni the systenl.
' 1,220 new Moran Prairie storage ilems were processed in \Tovernber, brinb7i.ng us to over 10,000
itcros purchased du_ring the year fnr the prnjPct• and. alm.ost 11,000 in storage.
Programming .
■ F1s noted earlicr in tlus report, the "7"een Read to rcEd" was a tiTinner. Youth sc'.rviccs coorciinaLOr
Thoin Bart}ielmess hopes thafi the Fred Meyer Foundatian will fund il agai.n. next year.
■'l°horn gave a talk tn d1e freshma.n cl.ass af the Librai-y TeCh program atSFCC on collection
developiTiec1t, collection maintenance, and .intellechial freedonl. .
■ Adu.lt• programs included Fnr tlre I ove of Movies at NQrdh Spoka.ne and. 5pokanc Valley, and
Cornprtter Brrs'cs at North Spokane.
Interlibrazy loan
• bVe borrojved 197 itcros fox ou.r cuslomers and loaned 239 itenis lo other libraries.
Technical sexvices
■ A project began to update cataloging records so titles and auihors from contents nates -Al] be
indexed as key-words to enhance searchinQ capabi.l.i.t-ies.
■ LabELs were developed .for the new Uooks on M:113 CD format that ivi11 be available to the public
ea.rly next year.
Other
■ The'Chomson Gale Healtii &We.llness Resaiuce Center and Alternativc Heaith IViQdule online
databases wc:re sclected fQr addition to SCLD rESCaxch resou.rees anci will bc available ta the public
(i.n bra.nches and renlotely) begi_nn.i.ng December 31.
■ A"Holiday Reads" adult booklist was created Ior the yveb and czn be fou.nd u.nder Readcr's
, CUrner.
Page 3 of 5
' D 1 •
2006 budget .
The 2006 budgel• outlaok cantinued to be p4sitive in Noveinber, with revenues exceecling expenses bi '
enough of a masgi.n tn bc able to tra.nsFer $300,000 to ttie Capital Reserve Fund. I anticipate few, if
any, thatges between the prelim.i.nary budgct approved at thE Novembee 15 Boarci o.£'C'rustees
meeting and l•he final budget to be approvecl in December. A major service enhancement for 2006 is
expanded open haurs at.fou.r l,ibraries (Cheney, Moran Prau-ie, Nor.Ek1 Spokane, andSpokane Valley) .
on Fr[days and Sunday afl•ernoon hours at the same four. There'l.l be an 11% increase in matenals
expenditures and continued technology u.pgrades.
Short-term 2006 financixig
Follow-i:ng Board clirection aE t11e Naveinbe.t meeting, thE plan ta use a line af rredit for short-term
2006 financing is be.i.ng droppEd due to u.nanticipated associared expenses and. "C'ax Anticipation
Notes ivill once again be sold. We'.re working with bond counsel Roy Koegen and Piper jafEray
Public Fi.na.nce u1 Seattlf-, on the issue.
Mor.an Prairie LCFA 2006 budget 'C'he Board af County Com,missianers acting as the Maran Prau'ie 11CFt\ Bozird adopled the 2006
budget and Excess levy resolutian far the LCFA at its iNavember 1.5 meeting. '
Additional Ixbrary open hour.s increase
Beca.use a portian of the open hours at Argonne and Moran Prairi.e can be made con.sistent with ather
branches withouY a.ny v-icreasc, in staffi.ng, i.n January two additional hvurs per tiveek will bc aclded. to
each li.bxa.ry's schedule. T'hey'll open at 11:00 a.m. raCher than naan hvo days a weck.
New Moran Prair.ie Library •
'['he new date foc Moran Prairie substantial completiorl is Uecember 20, -,aT.i.th final completi.on _
targeted for December 30. Most of the carpeting tivas insta11Ed and shelvi.ng installaLion bPgan at the
end of the month. Depe.n.d_i.ng on the contractor s success in meeting the completion dal•es, we're
cu.eeently plaruiing a ja.nuary 14 grand opening.
Lawyers for. Libraries semina.r
SCLD legal counsel Jim 5loane a.nd i attended the A.nierican Library Associatiori 5 Lawyers for
Libraries seminar at Sealtle Z'ublic Library and felt that it ver}' ixt.Eoralativc and well done. lt focused.
primaril.y on l•he application of lhe Frest Amenciment lo libraries. Topics i.ncluded the policies
conceniing the libraxy as a public forevn; pat-ron Uehavior; book reniaval/censurShip issues; Inteznet
accESS; meeting rpoms, clisplay cases, and bulletin b:oa eds; and harassment and hostile work
e.nvironment, and the gPneral issue of pri.vacy and confident7al.ity.
. Board of Trustees vacancy
'["he County Comm.issioners Office annou,nced thE SCLD Board of Trustees position vaczjncy thal'll be
created Uy Claud.ia 1?arkins retirement from the Baard. It's also publici.zed on our Wrb site and
Spo.kane Valley s, a.nd irs posted on branch bulletin board5. Tt spECifics reside.ncy within the City of
Spokane Valley and st'ates that it wi.ll be open until filled.
PROFESSIONAL D •
Locally; I attend.ed the Novcmber 5pakane Valley Chamber oE Commerce GovPrnment Affai.rs
COIIUnittee meeYJng and the Cham.be[ S BuSineSS COnnechOns brealcfaSt; the $pokane Regional _
Chamber of Commerce member b.reakfast; anci an :Cn.land Northwest Council of Librari.es board
nieeting. In addirion, I chaireci the Ial.( meeting of the 4Vashingtan Libra.ry Associatiori s T..egislativc -
Page 4 of 5
Planning Comiruftee u1 Issaqua.h early in d1e inontll a.nd attended, with SCLI7 atto.r.ney Jim Slaane,
_ the American Li.brary Association's Irawyers for Libraries sem.i.nar in SEattle.
• M • (BETH LLLESPIE, CO •
■ Compieted 2006-07 Com.municatiaitis Plan
• Coordi.nated "library as com.mun.ity center" story with the Spokesnran-Revieca's Sa.r.a Leaining (ran
11/2E/U5)
• Coorclinaled on-air presentation of :Read to Feed "promo" checlc with the KREtiI 2"Toiii s':I"urkey
Dl-ivc.•' .
■ ComplEted 3 bra.neh visits far 6-nionrh r.evieiv/update of al.l siUnage, displays, etc.
■ Continued wQrk on Moran Prairie Lik,ira.ry opening
HUMAN . RESOURCES . L EICHENBERG,
• Job announcements werc distriUated Eor i:hree new and two exisli.ng positions.
■ WCIF,/WCIl' representatiives conducted three 3 "benefitfairs" for insurance open enrollnient.
• The Final i.nsrallnlent of ulentori.ng trainulg was compleled, as was thc final customer service
trttining seSSiun. .
■ The Safet}T Comm.itree met and safely inspections and fire drills weee completed in all fzcilities.
■'f:'he Unitcd Way carnpaign was camplel•ed witih. pleciges totaling $7,57 7, a$1,700 increast over Iasl•
yea r. .
INFORMATION • •
i~ • Novembcr was dominated by preparatioitis for the new telephone systems zund trQUbleshootuig af
3 rnLnlber of crihcal servc-r praUlems. By the end af the month, the server prablems were resolved
anci telephone syslPm pr.eparation was as far along as possible.
• Loaded and bcgan teslinU SQL 2005 on a test server.
■ Installed and then updated staff schedtiling saftware for publ.ic ser.viccs. • Completed insta.llation of the people cou.nre.rs at entrzjnces to ail beanc.hes except North SpokanP,
which ren»,s to be done. ■ 17esea.rchccl and made cha.nge ta remove the patron na.m.e f.rorn chtu'ge and renewa[ eeceipts.
. PURCHASING .
FINANCE, •
• 4Vith ane nlonth reulaini.ng i.n the fiscal year, 99.6% of projected property tax collections havE
' bECn received. s All facility and grounds prepa.rations far the'p5-'Ob -winter seasan wcre verified.
• 2006 budgels fur all fLU1ds were cocnpleted..
•'Che State Auclitor's OfEic:e con.tinued werk on the [7isLrict's 2004 annual audit.
• 2004 financial statements were refor.matttd in conformance witfi a.n "alternate presentati4n" lo
Gt1SB-34, wluch will allow the Dish-ict to receive an unyualified audit opiruon.
1_2/16/05 ayw
, .
Page 5 of 5
Spokane Valley Planning Commission
Approved Minutes
Council Chambers - City Hall 11707 E. Sprague Ave
November 10, 2005
I. CALL TO ORDER
Commissioner Crosby called the meeting to order at 6:00 pm
Staff members attending the meeting are: Marina Sukup, Director Community
Development and Deanna Griffith, Administrative Assistant.
II. PLEDGE OF ALLEGIANCE
The Commission, audience, and staff recited the Pledge of Allegiance.
III. ROLL CALL
Fred Beaulac - Presenf Bill Gothmann - Present
Bob Blum - Present lan Robertson - Absent Excused
David Crosby - Present John G. Carroll - Absent
Gail Kogle - Present IV. APPROVAL OF AGENDA
Commissioner Kogle moved that the November 10, 2005 agenda be
approved as amended. Commissioner Beaulac seconded the motion.
Motion passed unanimously.
APPROVAL OF MINUTES
It was moved by Commissioner Kogle seconded by Commrssioner B/um
that the minufes of the October 13, 2005 Planning Commission meefing be
. approved as written. Motion passed unanimously
VI. PUBLIC COMMENT:
Chan Bailey, 16010 E. Heroy Ave. Mr. Bailey stated that he is very opposed to
the requiring of mandatory garbage service. He pays less to haul it himself and
he and his wife are on a fixed income. Mr. Bailey stated that it is a catalyst for
him to recycle more. He stated that at least half his neighbors do not take the service and that there are no excessive garbage issues in his neighborhood. He
and his wife do quite a bit of volunteer work and feel they would have to cut that
back to little or nothing if they had to pay for the garbage senrice and the rest of
the cost of living increases. .
Plannfng Gommissron Minutes Nov. 10, 2005 Page 1 0! 4
Dan Rash, 820 S. Pierce Rd. Mr. Rash spoke about the mandatory garbage "
issue. He takes care of his garbage himself and he can do for one quarter relying on himself what the garbage service costs. He has 5 children and he is
using the reduce/recycle/reuse program at his home and can not afford the
garbage service. He feels it is wrong to force people to pay.
It was explained to the audience that although the Planning Commission has
forwarded the Comprehensive Plan to the City Council, any testimony given here
this evening will be a part of the permanent record and passed on to the City
Council as part of the recorded testimony for the Comprehensive Plan.
Commissioner Gothmann stated he would like to comment for the record about
this mandatory garbage service suggestion. He feels there are some
_ inaccuracies in regard to the subject, pricing for one, he presented to the reporter
his feelings for and against it and the reporter only repeated the for side of it.
Commissioner Gothmann stated he remembered the conversation where it was
discussed to have that policy removed and believes he did not vote to leave it in
the Comprehensive Plan. Now is not the time to discuss requiring mandatory
service or any change in the current service, since we are under contract to
Waste Management, however when we get closer to the end of the contract
there will need.to have several discussions in regard to what we should do in the
future.
Commissioner Blum stated he does not believe that the Commissioners made
the recommendation to have this policy in the plan at all. He has not done the
research but he does not recollect even making that recommendation and is his
recollection right or wrong? Commissioner Kogle stated she did not vote for it then and is not in favor of this
policy now.
Commissioner Beaulac stated that he discussed with the reporter why the
Commission would consider such a policy. Commissioner Beaulac said he told
the reporter that one thought would be that it would beautify the city. It was the '
question that was posed to him, antl that is the quote that was taken. In no way
does the Commissioner support this policy.
Director Sukup stated that some research had been done into the issue in
question, policy CFP-5.3, requiring mandatory garbage pick-up and including it in
the Comprehensive Plan. Director Sukup stated that Mrs. Griffith could share the
particulars behind this subject.
Mrs. Griffith stated that the Capital Facilities chapter came up for discussion on
08/31105 and during that meeting the subject of garbage service was discussed.
At that time the Commissioners asked the staff to draft a policy that would require
mandatory curb-side garbage service and they would discuss it at the next
discussion of this chapter. At the 9-15-05 meeting, where the Capital Facilities
chapter was under review it was discussed, moved, seconded and voted upon
unanimously to strike this policy from the plan.
Mrs. Griffith also stated that she listened to the recording of 8/31/05 before giving the reporter the information on the evening of 10-27-05. There was no meeting
that evening due to a lack of a quorum that evening. The reporter did speak to
Commissioner Gothmann, Commissioner Beaulac and Director Sukup about the subject. Commissioner Gothmann contact the staff the day after stating that he
Plsnning Commission A42eting 10113l05 Page 2 of 3
w .
; thought he remembered that the Commission did not want that policy included in the plan. The research was done and he is correct.
VII. COMMISSION REPORTS: Commissioner Gothmann stated he attended
the City Council meetings, that they are currently deliberating on the
Transportation Chapter of the Comprehensive Plan and that they are doing a
grea't job. He also stated that during the 10/25105 public hearing that Mrs. Mary
Pollard asked for a vibration ordinance. There was also a remand to the Hearing
Examiner in regard to a particular PUD in the Greenacres area.
Commissioner Blum said he also attended the City Council meeting and thought
that they were doing a good job. He also, since the last meeting, +rvent to the
Exxon-Mobil storage facility to discuss all the precautions that they take in regard
to fuel storage and storage tanks. This subject, storage tanks, at some point will
be returning to the Commission for discussion.
Commissioner Beaulac stated he attended the City Council meeting and
although they have struggled getting started in their deliberations, should be
finding their rhythm soon. The only real change so far is going from mandatory
sideEValks to pedestrian walk ways. ,
Commissioner Kogle stated she attended the Light Rail Steering Committee and
Citizen Advisory meeting. They also presented the Noble Bus-Rail Dual-Track
" proposal. There was good, intelligent well rounded discussion going on during
the meeting.
Commissioner Crosby has been involved in work related business and out of
town and unable to attend the City Council Meetings.
VIII. ADMINISTRATIVE REPORTS: Director Sukup reported on the comments
received from the Washington State Department for Community Trade and
Economic Development (CTED) and that the Commissioners should be proud of
their work and the recognition that they have been given from the State agency.
CTED made the comment that they are probably going to be using it as a model
for other cities to follow. The next City Council meeting will be on the 14'h of
November at the Church of the Nazarene on E. 20t'. They will be holding a .
public hearing and deliberation meeting that night. IX. COMMISSION BUSINESS:
A. OLD BUSINESS: None.
B. NEW BUSINESS: Land use definitions and use matrix. Discussion in
regard to land use definitions and the use matrix to support that. Animal clinics,
_ 7here are 5 listings in the current matrix. It was agreed that it would be reduced
" to one, Animal clinics- large and small. The allowable uses will be B-1,
`--permitted, B-2, and B-3. It will not be allawed in any industrial zone, office or
Planning Commission iNeeting 10/13105 Page 3 of 3
;w
office technology. Should there be a desire to locate in a UR-1 zone, it is
recommended that the property be rezoned and permitted. _Day-cares. There will be 4 classifications of day-care facilities. Day-care -
Adult, less than 24 hour care, Day-care - Child less than 24 hour care, Day-care
Family home, could be more than 24 hours, Day-care - Adult Family Home,
could be more than 24 hours. All will be permitted in all residential zones.
Remove the line designated Nursery schools. Allowed as accessory use in
Industrial zones 2 and 3. Will be allowed in publiclquasi-public facilities.
Strike line Distribution center for home delivery. No explanation as to what this
is.
Dormitory, would only go along with institutional facilities, allowed in Capital
Facility properties, schools, church schools,
Dwellings, duplexes. A duplex has a party wall. Not an accessory dwelling unit,
unattached. Should duplexes be allowed or not allowed in UR-1 or UR-3.5?
Commissioner Blum made a motion to change Dwellings - Duplex from.allowed
to not allowed in zones UR-1 and UR-3.5. Vote is 3 for, one abstain, the chairman does not vote. Needs four votes to pass, does not pass. Also
discussion about temporary accessory dwelling units and a time limit for such
structures. We will set this discussion aside and return to it later.
X. FOR THE GOOD OF THE ORDER: Commissioner Gothmann brought up a letter from a citizen related to animal keeping and lot size. Leave animals "
allowable in UR-1, based on the size of the lot. Discussion in regard to lots being
large enough to allow animals good space and exercise room. Citizen has a lot
that was zoned UR-3.5 and bought it intending to divide and build home for
daughter. Area has been rezoned to UR-1 with a current moratorium to not allow
for change at this time. Will it be possible for him to grandfather this to the zone
it was when he bought it? Will need to be a discussion for the future.
Next meeting is 12/8/05. Staff would like to provide dinner as a thank you to the
commissioners for their hard work in the last year. Would like to staR around
5:00/5:30 pm. Commissioners will receive update in near future.
XI. ADJOURNMENT
There being no further business, the meeting was adjourned at 8:50 pm.
. SUBMITTED: APPROVED:
Deanna Griffith, Admin Assist David Crosby, Chairman -
Planning Commission PAeefing 10/13l05 Page 4 of 3