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2006, 11-14 Regular Meeting AGLNDA SPOKANE VALLEY CITY COUNC'EI. REGULAR MEETING Council Meeting aloa Tuesday. November 14. 2006 6.00 p.m. CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting CALL TO ODDER: INVOCATION: Pastor Steve Williams, Spokane Valley Nazarene Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE. BOARD, LIAISON SUNB RY REPORTS: MAYOR'S REPORT: Prorlamarions: }'ourlt LtJrl~rshr!> .1fim11r: ,\'crlrnrrrr! Hrnr ~e r .ti lfnnrrtcs :1~r:u<vr~-s,c If'eek PUBLIC (701NINIENTS: E\ccpt «hcrc indicated b6o%% for "public comarent" this. ii-,an opportunity for the public to speak on ruav topic. When you come to the pudiunr, pleas state your name and address f~-)r the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmcmber may remove an item from the Coruscut Agenda to be considered separately. a. Following Claim Vouchers: VOUCHL LIST DATE VOUCHER Jas TOTAL VOUCHER AM01JN f' 10-16--'_006 10166-10169, 10177 133,954.10 10.19-2006 10176, 10 1 78-1 02.4 298,783.95 j 10.26-2006 1045-1030 212,981.08 1 l -02-2006 10303,10313-10362 1.927,111.&S GLAND -TOTAL 2.572,831.27 b. Payroll for Period Ending October 31, 2006: 5225,662.02 c. Minutes of October -14,2006 Regular Council Meeting d. Minutes of November 7, 2006 Council Study Session Meeting NEW BUSINESS Second Reading Progx.Nsed Ordinance 06-024 Adopting 2007 Budget - Ken Thompson (public commentl 3. First Reading Proposed Ordinance 06-027 Amending; ROW Permit Pro, Nlorgan h oudclkal htga Note public commcntl 4. Proposed Resolution 06-022, Repealing and Replucing Rule, .t!' Procedure, t invemance Manual Councilmember DeVleming (public cornmentl tuumil Avclkda j 1-14-0o }i.rt-uh l I'raposcd Resolution 06-023 Establishing "Three Revised School Speed Zones -Neil Kur~,ttn (public comment 6. Motion Consideration: Geiger :Agreement - Morgan Koudclkn (public eommentl 7. Motion Consideration. Mt:T f .dip-,;- !1;i\': iii,r:wr (public cnmmcnf PUBLIC COMMENTS I'.\~l'f't 'A~?ir:' 111;fl.Jtt;.~ .!i (fit tt'r pllblll' C'1)nlllll'Ilt 01:. •1f?f ,lll.lli:;:~' t• the public to speak on any topic. Wbe:n yvu ~~uuc to [ilk: pudium, p1case .r.ltc Your narllC and addr_ss fir the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 8. Proposed Fee Resolution - Ken Tll._ rap , n 9. Snow Plowing dt Street Sweeping Lcccl of Ser: l" - Neil Kcrst>; n 1 U. Appleway Reconstruction Project - Steve Worley/Neil Kersten INFORAIiATION ONLY: 11. Update on UDC (Uniform Develupineni Cudc)1'li'jc~t ~t;~rin;l Sul, l;, 12. Records Management - Chris Bainbridge 13. Pmpowd 2006 Amended Budcct -Ken Thntmp , -n '4 Bc%t'r1% H111> ~t ri11'.Ciltl'r I 1 'tl~i ~tiCii 1., il'Il EXECUTIVE SESSION: [-inli :~L~Iui;lttun; Nc11,3in~, l +tt~;lti, n :~i1Jt 11R1~1i'NI' H-Tt.'RE SCHE D UT I-- Regular Council illeetings are generally held .red and 4" Tuesdays, heginning at b: UU p.rYL Council Study Sm. iorts are generally held l", 3"r and Sth Tuesdays, beginning at 6: 00 p.m. a orr nrlrer.*f~3n7lf Other Tentative tlpcominz 3feefines Events: Thursdav. November 30, 2006: Canuu mly Workshop #3, Interacti,. e f'ranslx)rtation. 6-9 p in. Tyr:a.is~ T3;tllitlsrt T'a:ilit•. lc►~In~ C;;r;,,11,1..'r~r.. •1 IG.I 1.1 i:; ~'.,J!'Ii'_/ I11 I .1J Irf)j1SS'iil':11 1~ ' CUll:a~f dic C. OCIL al I : 1) 0 1 f 1 • 11 4"IJ a3 I (I ati po_ .161_ 1~.1f l)l1 i Itn:..lt, 1 ,s', be ~1:JiIC 1 17 S crrY or~:ane . Valle y. ftocfamation XxTYOXU VVNGER VV7D J710 MELESSNE SSAW,99Y E SS "EK City of Spokane Vadey, Washington WHEREAS, for the past several years the National Coalition for the Homeless and Aational Student Campaign against Hunger and Homelessness have sponsored National Hunger and Homelessness Awareness Week; and - • WHEREAS, the purpose of this proclamation is to educate the public about-the many reasons people - are hungry and homeless including the shortage of affordable housing in the City of the Spokane Valley for very low income residents; and to encourage support for homeless assistance service providers as well as community service opportunities for students and school service organizations; and WI-MA AS, there are many organizations committed to sheltering providing supportive services as well as meals and food supplies to the homeless including: Spokane Valley Community Center and Food Bank, Spokane Neighborhood Action .Programs, Spokane Valley !heals on Wheels, Interfaith Hospitality Network of Spokane, and many other community and religious outreach food programs; and WITEREAS, the theme of Aational Flinger and Homelessness Awareness Week 2006 is "Bringing America Home, " and WHEREAS, the Mayor and City Council members recognize that hunger and homelessness continues to be a serious problem for many individuals and families in the City of the Spokane Valley; and WHEREAS, the intent of National Hunger and Homelessness Awareness Week is consistent with the national, state and local activities. NOW, THEREFORE, 1, Diana Wilhite, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of Spokane Valley, do hereby proclaim the week of November 12`j' - le 2006, as Nationafxunger and?fomekssness. Awareness Week And I encourage all citizens to join me in supporting the homeless efforts. a Diana Wilhite Mayor .1 .111. of S ne ;OoValley Owfiamation xov~xL~A~~sxr~ Mom City of Spokane Valley, Washington WHEREAS, the goals of Youth Leadership are to mobilize youth as leaders in identijving and addressing the needs of their communities through service and service- .learning,.to support youth on a lifelong path ofservice and civic engagement, and to educate the public, the media, and policymakers about the year-round contributions of young people as community leaders; and WHEREAS, young people should be viewed as the hope not only of the future, but also of today, and should be valued for the idealism, energy, creativitj; and commitment they bring to the challenges found in their communities; and WHEREAS, through community service, young people build character and learn vatuable skills, including time management, teamwork, needs-assessment, and leadership that are sought by employers; and WHEREAS, all schools, government agencies, businesses and organizations are encouraged to recognize and foster leadership qualities in Spokane's youth, providing them with a strong foundation for the future. NOW, TIHEREFORE, 1, Diana Wilhite, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley,, do hereby proclaim the month of Novetnber 2006 on, cis Touth Leadership Month and encourage all citizens in the City of Spokane Valley to support our youth leaders. Dated this f0 day of fovember, 2006 Diana 11,71hite 'r Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11-14-06 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: Approval of the Following Vouchers: BACKGROUND: VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 10-16-2006 10166-10169, 10177 133,954.40 10-19-2006 10176, 10178-10244 298,783.95 10-26-2006 10245-10302 212,981.08 11-02-2006 10303, 10313-10362 1,927,111.84 GRAND TOTAL 2,572,831.27 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: Amy Sienknecht ATTACHMENTS Voucher Lists vc ..St Voucher List Page: 1 g0116j2006 4:33:02PM Spokane Valley Bank code: ap,bank Voucher Date Vendor Invoice PO # Description/Account Amount 10156 10/9/2006 000081 STATE OF WASHINGTON 3rd qtr b & o tax 3RD QUARTER 8 & O TAX 2,668.27 Total : 2,668.27 10167 10/10/2006 000409 WASHINGTON STATE DEPARTMENT, Of 3rd qtr leasehold • 3RD QUARTER LEASEHOLD EXCIS 5,290.38 Total : 5,290.38 10168 10/12/2006 000069 MERCIER, DAVID 101102006, AUTO ALLOWANCE 400.00 Total : 400.00 10169 10/12/2006 000193 NORTHWEST CHRISTIAN SCHOOL INC Oct 2006 rent - OCTOBER 2006 RENT 29,315.91 Total : 29,315.91 10177 1011612006 000210 CITY OF SPOKANE VALLEY, PAYROLL A Trf for 10120 payrol TRANSFER FOR 1012010& PAYROLL 96,279.84 Total : 96,279.84 5 Vouchers for bank code : apbank Bank total : 133,954.40 5 Vouchers in this report Total vouchers : 133,954.40 APPROVED: I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services Ken Thompson, Finance Director Date rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist Voucher List Page: 1 10/1912006 2:40:28PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 10176 10/1612006 001156 SIENKNECHT, AMY 10162006 REIMBURSEMENT 225.94 Tota 1 : 225.94 10178 10/19/2006 000230 SPOKANE CNTY AUDITORS OFC, RECO 10162006 STREET VACATIONS 37.00 Tota 1 : 37.00 10179 10/1912006 000001 SPOKANE COUNTY TREASURER 10162006 STREET VACATIONS 10.00 Total : 10.00 10180 1011912006 000958 AAA SWEEPING, LLC 36632 41248 QUOTE # 0008-06 FILTER FABRIC F 11,329.70 36632 41203 06-008 VACTORING SERVICES 310.60 41203 36698 41203 06-008 VACTORING SERVICES 13,845.14 36699 41167 06-015 STREET SWEEPING SERVI( 7,458.11 Total : 32,943.55 10181 10/19/2006 001107 ADVANCEDTRAFFIC PRODUCTIONS 1000020671 41231 0004, 06-012 BARKER ROAD TRAFF 4,430.88 Total : 4,430.88 10182 1011912006 000197 AIR INC. 122040 BACKGROUND CHECKS 75.00 Total : 75.00 10183 10/19/2006 001081 ALSCO IspoBB425 FLOOR MATS FOR CITY HALL 49.18 Total : 49.18 10184 10119/2006 000335 ALTON'S TIRE INC. 6-19272 SERVICE,ON '05 CHEVY SILVERAD 30.46 Total : 30.46 10185 10/19/2006 000168 B & C TELEPHONE INC. 121597 MAINTENACE TO SUE'S PHONE 124.90 121598 CONFERENCE PHONE FOR CENTE 124.90 Total : 249.80 10186 10/19/2006 001149 BEREAN BIBLE CHURCH, ATTN: JONAT 10102006 REFUND REQUEST 50.00 Total : 50.00 10187 1011912006 001105 CAPITAL ENTERPRISES & ENGINEER 2102 41232 0004,06-012 BARKER ROAD TRAFF 1,259.76 Page: 1 vchlist Voucher List Page: 2 1011912006 2:40:28PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10187 1011912006 001105 001105 CAPITAL ENTERPRISES & ENGINEE (Continued) Total : 1,259.76 10188 10119/2006 000729 CH2MHILL INC. 3569191 41025 0003-BARKER ROAD BRIDGE 41,157.02 3569678 40561 CH2M HILL BARKER ROAD P.E. & F 23,721.95 3570476 41281 0019- BROADWAY AVE CONST. MC 10,518.25 3571445 41011 SAFETY STANDARDS OF PRACTIC 2,420.00 Total : 77,817.22 10189 1011912006 001048 CITY PARCEL DELIVERY, INC. 10162006 SEPTEMBER 2006 42.74 Total : 42.74 10190 10119/2006-000109 COFFEE SYSTEMS INC 44319 COFFEE ORDER-10110/20006 138.47 Total : 138.47 10191 10119/2006 000606 COLUMBIA FIBER SOLUTIONS 93 DARK FIBER LEASE 34.75 94 DARK FIBER LEASE 108.60 Total: 143.35 10192 1011912006 001146 COMP MANAGEMENT INC., C/O LEANN " 10102006 REFUND REQUEST 50.00 Total : 50.00 10193 10119/2006 000537 DAVID EVANS AND ASSOCIATES, IN 205544 41267 QUOTE #0015-06 2,002.46 205545 41286 CONTRACT #06-020 DEA DEV. PLA 2,766.00 205547 41286 CONTRACT#06-020.DEA DEV. PLA 6,390.00 Total : 11,158.46 10194 10119/2006 000136 DEPARTMENT OF INFO SERVICES, STA 2006090221 ACCOUNT # E870-0 24.03 Total : 24.03 10195 10/19/2006 000686 DEPARTMENT OF LICENSING 10112006 CASH TRANSMITTAL 69.00 Total : 69.00 10196 10/19/2006 000152 DEPARTMENT OF TRANSPORTATION re-313-atb60912121 PINESIMANSFIELD CORR CONG. R 2,342.35 Total: 2,342.35 10197 1011912006 001144 DEVRIES, SUSAN 10102006 REFUND REQUEST 108.25 Total : 108.25 Page: 2 vchlist Voucher List Page: 3 1011912006 2:40:28PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice -PO # Description/Account Amount 10198 10/19/2006 000278 DRISKELL, CARY 10162006 REIMBURSEMENT 114.57 Total : 114.57 10199 1011912006 001153 DRISKELL, CARY 10102006 REFUND REQUEST 80.00 Total : 80.00 10200. 10119/2006 000246 EAST POKANE WATER DIST#1 10102006 ACCOUNT NO. 02051000 715.91 Total : 715.91 10201 10/1912006 001151 EVERGREEN CHAPTER AL S ASSOC., SF 10102006 REFUND REQUEST 250.00 Total : 250.00 10202 10/19/2006 000171 GEIGER CORRECTIONS CENTER 41500126 WORK CREW INVOICE 3,164.23 Total : 3,164.23 10203 10119/2006 000917 GRAYBAR 920817053 CABLES/CORDS FOR CHRIS BAINE 32.92 Total : 32.92 10204 10/1912006 000692 GUS JOHNSON FORD FTCS233921 KEYS FOR '03 FORD EXPLORER 110.61 Total : 110.61 10205 1011912006.000002 H & H BUSINESS SYSTEMS INC. 091000 PAPER ROLL 62.14 Total : 62.14 10206 10/19/2006 000022 INLAND BUSINESS PRODUCTS, INC. 54428 EMPLOYEE ID CARDS 52.13 Total : 52.13 10207 10/19/2006 000632 INTERNATIONAL CODE COUNCIL M5219813 GOVERNMENTAL MEMBER DUES 180.00 Total : 180.00 10208 10/19/2006 000388 IRVIN WATER DIST. #6 10102006 ACCOUNT NO. 112500.0 2,454.76 Total : 2,454.76 10209 1011912006 000117 JOURNAL NEWS PUBLISHING INC.' 28195 ADVERTISING 110.55 28218 ADVERTISING 42.00 28219 ADVERTISING 79.50 28220 ADVERTISING 53.25 Total : 285.30 Page: 3 vchlist Voucher List Page: 4 10/1912006 2:40:28PM Spokane Valley , Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10210 10119/2006 001150 KNIGHTS OF SANTIAGO, CIO JOLE BIKE 10102006 REFUND REQUEST 50.00 Total : 50.00 10211 1011912006 000635 KUHTA, SCOTT 10162006 REIMBURSEMENT 260.07 Total : 260.07 10212 1011912006 001152 MARKET AMERICA, CIO ROGER HICKS 10102006 REFUND REQUEST 10.00 Total : 10.00 10213 10119/2006-000132 MODERN ELECTRIC WATER COMPANY 10102006 BILLING DATE9/28/06 - 7,306.54 10102006 BILLING DATE 9/22106 2,136.16 Total : 9,442.70 10214 10/19/2006 000662 NATIONAL BARRICADE & SIGN CO., OF 52957 41303 NATIONAL BARRICADE - MISC. NEI 87.97 Total : 87.97 10215 10119/2006 000600 NCARB 10162006 CERTIFICATION RENEWAL 150.00 Total : 150.00 10216 10/19/2006 000193 NORTHWEST CHRISTIAN SCHOOL INC 10162006 NOVEMBER 2006 RENT 27,232.58 Total : 27,232.58 10217 10/19/2006 000882 NORTHWEST HVAC/R ASSOCIATION 8289 2006 AFFILIATEIALLIED DUES 300.00 Total : 300.00 10218 1011912006 001090 NORTHWEST SIGNAL SUPPLY INC. 21613 41235 0004, 06-012 BARKER ROAD TRAFF 890.52 Total : 890.52 10219 10/19/2006 000652 OFFICE DEPOT INC. 353689013-001 41294 OFFICE SUPPLIES 192.83 354571126-001 41311 FILING CABINET 253.59 354711070-001 41313 OFFICE SUPPLIES 36.59 354804277-001 41314 DAN'S CHAIR 174.07 355815632-001 41318 OFFICE SUPPLIES 304.25 355861081-001 41321 OFFICE SUPPLIES FOR FINANCE' 54.42 Total : 1,015.75 10220 10/19/2005 000307 OFFICE OF THE STATE TREASURER 10162006 STATE REMITTANCES 56,393.53 r- ige: 4 vchlist. Voucher List Page: 5 10/112006 2:40:28PM Spokane Valley Bank code : apbank Voucher Date Vendor. Invoice PO # Description/Account Amount 10220 10/19/2006 000307 000307 OFFICE OF THE STATE TREASUREI (Continued) Total : 56,393.53 10221 10/19/2006 000512 OFFICETEAM 16838897 SERVICES FOR CHARREL SANABF 660.00 16916297 SERVICES FOR KIMBERLY WILLIAt 660.00 Total : 1,320.00 10222 1011912006 000899 ONEEIGHTY NETWORKS 541934 SERVICE FOR CITY HALL & CENTS 828.18 Total : 828.18 10223 10/1M006000119 PIP PRINTING INC. 130035523 BUSINESS CARDS/NAME PLATES 156.68 Tota 1 : 156.68 10224 10119/2006 000677 PLANNING ASSOCIATION, OF WASHING 10162006 INDIVIDUAL MEMBERSHIP 35.00 Total : 35.00 10225 10/1912006 001145 PROSTHETICS OUTREACH FOUNDATIO 10102006 REFUND REQUEST 162.25 Total : 162.25 10226 10119/2006 000322 QWEST 09282006 509-228-0669 015B 17422 Total : 174.22 10227 10119/2006 000952 RECALL SECURE DESTRUCTION, SERV 8290082 SECURE DESTRUCTION SERVICE: 4.53 Total : 4.53 10228 10/19/2006 000358 REGOR, NINA 10172006 REIMBURSEMENT 77.43 Total : 77.43 10229 1011912006 000341 RICOH CORPORATION 06111320809 REF NO. 24501353 246.53 06111321096 REF NO. 000000000332973 412.68 06111336365 REF NO. 24548099 238.92 Total : 898.13 10230 1011912006 000726 SHUR:KLEEN SERVICES. INC. 65807 41320 JANITORIAL 305.00 Total : 305.00 10231 10/1912006 000234 SPOKANE CNTY AUDITORS OFC, RECO 10112006 RECORDING FEES 288.00 Total : 288.00 10232 10/1912006 000308 SPOKANE COUNTY PROSECUTING, ATl 10162006 CRIME VICTIMS COMPENSATION F 819.81 Page: 5 vchlist Voucher List Page: 6 1011912006 2:40:28PM Spokane Valley ; Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10232 10119/2006 000308 000308 SPOKANE COUNTY PROSECUTING (Continued) Total : 819.81 10233 10119/2006 000323 SPOKANE COUNTY UTILITIES 0316081081606 SEWER -WASTE WATER CHARGE 255.19 042903-115953 SEWER 8 WASTE WATER CHARGE 781.95 Total : 1,037.14 10234 10/19/2006 000406 SPOKANE REGIONAL CVE3 Sept., 2006 Contract INVOICE DATE SEP. 29, 2006 11,957.00 Total : 11,957.00 10235 10119/2006 000451 SPOKANE REGIONAL SPORTS, COMMIE 10102006 INVOICE DATE 10/4/2006 20,744.05 Total : 20,744.05 10236 1011912006 001083 STANDARD PLUMBING HEATING, CONT 22448 41156 BUILDING MAINTENANCE 6,227.82 Total : 6,227.82 10237 10/19/2006 000211 STATE TREASURER 10182006 NOTARY LICENSE FOR CARRIE AC 10.00 Total : 10.00 10238 10/1912006 000093 THE SPOKESMAN-REVIEW INC. 42801 41308 ADVERTISING 1,235.00 Total : 1,235.00 10239 10119/2006 001024 UNITED RENTALS NORTHWEST 59995246-001 41305 UNITED RENTAL OPEN FOR MISC. 30.94 Total : 30.94 10240 10119/2006 000167 VERA WATERA POWER 10102006 BILLING DATE 9126/2006 146.54 Total : 146.54 10241 10/19/2006 000005 VMI, INC 189534 41172 AUDIO SYSTEM FOR CENTERPLAC 79.92 Total : 79.92 10242 10/19/2006 000038 WASTE MANAGEMENT OF SPOKANE 0036086-1518-7 GRAHAM ROAD LANDFILL 942.99 Total : 942.99 10243 10/19/2006 000980 WESTERN SYSTEMS i0001372 41176 0005-06 - TRAFFIC CONTROLLERS 16,399.69 Total : 16,399.69 10244 10/1912006 001143 WILSON, TAMMY 10102006 REFUND REQUEST 312.50 Total : 312.50 Page: 6 vchlist Voucher List Page: 7 10/3912006 2:40:2812M Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # _ DescriptionfAccount Amount 68 Vouchers for bank code : apbank - Bank total : 298,783.95 68 Vouchers in this report Total vouchers : 298,783.95 AYPROVED: /0 - t, the undersigned, do certify under penalty of perjury, k X-~O' that the materials have been furnished, the sewices Ken Thompson, Finance Director Date rendered, or the labor performed as descrihed herein and that the claim is just, due and an unpaid oNgation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 7 vchlist -Voucher List Page: 1 10126/2006. 4:59:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10245 10/24/2006 001162 INLAND NORTHWEST CHAPTER ICC, Cb 10242006 - REGISTRATION FOR NIK BENTLEY 695.00 Total : 695.00 10246 10/26/2006 000969 ADAMS.& CLARK, INC. 5570 40839 ADAMS & CLARK SW CONSULTING 6,639.98 Total : 6,639.98 10247 10126/2006 001081 -ALSCO Ispo96546 FLOOR MAT FOR CITY HALL 49.18 Total : 49.18 10248 10/26/2006 000335 ALTON'S TIRE INC. 6-19535 TIRE MAINTENANCE ON '02 S-10 64.42 Total : 64.42 10249 1012612006 001012 ASSOCIATED BUSINESS SYSTEMS 109732 MONTHLY CONTRACT BILL 1,794.56 Total : 1,794.56 10250 • - 10/26/2006 000030 AVISTA UTILITIES 10252006-12 BILLING DATE 10/3/2006 23,636.64 Total : 23,636.64 10251 10/26/2006 000271 BAINBRIDGE, CHRISTINE 10242006 REIMBURSEMENT 42.34 Total : 42.34 10252 10/26/2006 000918 BLUE RIBBON LINEN SUPPLY, INC. 8757868 LINEN SUPPLY FOR CENTERPLACI 215.74 8759818 LINEN SUPPLY FOR CENTERPLACI 213.36 Total : 429.10 10253 10/2612006 001022 CARR SALES CO. 824430 41263 MAINTENANCE SUPPLIES 143.80 Total : 143.80 10254 1012612006 000101 CDWG cdk5871 41328 SCANNER FOR NIK BENTLEY 122.69 Total : 122.69 10255 101261200E 000863 CENTURY WEST ENGINEERING CORP. 023290 40976 CENTURY WEST TRANS. PLANNIN, 5,629.44 023291 41285 CONTRACT #46-017 CENTURY WE: 5,572.95 023299 41266 0039 - 06-016 ARGONNE ROAD OVI 24,191.97 Total : 35,394.36 10256 10/26/2006 000729 CH2MHILL INC. 3572664 41025 0003-BARKER ROAD BRIDGE 57,480.08 Page: 1 vchlist Voucher List Page: ' • 2 1012612006 4:59:50PM Spokane Valley - Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10256 10/2612006 000729 000729 CH2MHILL INC. (Continued) Total : 57,480.08 10257 10126/2006 000109 COFFEE SYSTEMS INC 44708 COFFEE ORDER-10/2412006 114.87 Total : 114.87 10258 10126/2006 000606 COLUMBIA FIBER SOLUTIONS 109 DARK FIBER LEASE 32.58 Total : 32.58 10259 10/26/2006 000026 CONTRACT RESOURCE GROUP, INC. 60079-0 41297 OFFICE FURNITURE FOR CHRIS Bi 1,963.22 Total : 1,963.22 10260 1012612006 001157 COUNTRY HOMES POWER EQUIPMENT 41054 41351 QUOTE #0024-06 COUNTRY HOME: 957.25 Total : 957.25 10261 10/26/2006 000284 CRUCIAL TECHNOLOGY INC. 240520625 41345 'MEMORY UPGRADES FOR COUNC 1,231.37 240520626 41334 1 GB MEMORY FOR TOSHIBA M4 T. 375.73 Total : 1,607.10 10262 10!2612006 000683 DAVID EVANS & ASSOCIATES 205546 41315 0016 - APPLEWAY - DAVID EVANS • 6,219.91 Total : 6,219.91 10263 10/2612006 000152 DEPARTMENT OF TRANSPORTATION re-313-atb61010085 SIGNAL & ILLUMINATION MAINTEN 1,476.89 re-313-atb61010086 STATE ROUTE ROADWAY MAINTEI 4,171.51 re-313-atb61010136 PINES/MANSFIELD CORR. CONG. 1,731.70 Total : 7,380.10 10264 10/26/2006 000746 EMPLOYMENT SECURITY DEPARTMENI 10242006 3RD QUARTER 2006 UI TAX 1,208.87 Total : 1,208.87 10265 10126/2006 001113 FLOORMART 1804 41335 NEW FLOORING IN SMALL.DINING 4,875.00 Total : 4,875.00 10266 1012612006 000287 FRIENDS OF THE, CENTENNIAL TRAIL 10252006 REFUND REQUEST 250.00 Total : 250.00 10267 10/26/2006 000007 GRAINGER 9205196182 GRAINGER - MISC. NEEDS 248.17 41301 9210349560 41301 GRAINGER{ MISC. NEEDS 80.64 . 3ge: 2 vchlist Voucher List Page: 3 10126/2006 4:59:50PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10267 10/26/2006 000007 000007 GRAINGER (Continued) Total : 328.81 10268 10126/2006 000002 H & H BUSINESS SYSTEMS INC. 150807 COPIER RENTAUMAINTENANCE 180.74 150829 COPIER RENTAUMAINTENANCE 154.84 150830 COPIER RENTAUMAINTENANCE 75.18 150831 COPIER RENTAUMAINTENANCE 61.40 150832 COPIER RENTAUMAINTENANCE 21.50 150834 COPIER RENTAUMAINTENANCE 2,704.12 150835 COPIER RENTAUMAINTENANCE 82.54 150836 COPIER RENTAUMAI NTE NANCE 62.51 150851 COPIER RENTAUMAINTENANCE 33.01 941 LEASE PAYMENT 201.97 942 LEASE PAYMENT 233.49 943 LEASE PAYMENT ON RICOH 2238C 307.34 944 LEASE PAYMENT 412.68 Total : 4,531.32 10269 10/26/2006 001136 HASKINS STEEL 0038128 41302 MATERIALS FOR DRYWELL REPAII 81.13 Total : 81.13 10270 10/26/2006 000070 INLAND POWER AND LIGHT CO 10252006 ANNUAL PRE-PAYMENT SEPT. 200 209.30 Total : 209.30 10271 10/26/2006 000117 JOURNAL NEWS PUBLISHING INC. 28244 ADVER"nSING 28.00 28250 ADVERTISING 55.50 28251 ADVERTISING 39.00 28252 ADVERTISING 66.75 Total : 189.25 10272 10/2612006 000864 JUB ENGINEERS, INC. 0041855 41269 JUB TRAFFIC ENGINEERING SERV 2,054.69 Total : 2,054.69 10273 10126/2006 001068 KOFMEHL INC. 7965 ELECTRICAL & LIGHTING REPAIR 12,049.03 Total : 12,049.03 10274 10126/2006 001032 MAIN, JODI 10242006 REIMBURSEMENT 177.40 Total : 177.40 Page: 3 vchlist Voucher List Page: 4 10/2612006 4:59:501PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10275 10/26/2006 000033 MCPC, INC. 4996941 41331 DG- OFFICE SUPPLIES 331.61 5000715 41346 NOTEBOOKS FOR BING 17.21 Total : 348.82 10276 10126/2006 000069 MERCIER, DAVID 10242006 AUTO ALLOWANCE 400.00 Total : 400.00 10277 10/2612006 000387 MODEL IRRIGATION DIST. #18 10252006 BILLING-APRIL THROUGH OCTOBE 730.08 Total : 730.08 10278 1012612006 000662 NATIONAL BARRICADE & SIGN CO., OF 53063 41303 NATIONAL BARRICADE - MISC. NEI 78.41 Total : 78.41 10279 10/26/2006 000193 ' NORTHWEST CHRISTIAN SCHOOL INC 10012006 3RD QUARTER CAM CHARGES 506.42 Total : 506.42 10280 10/2612006 001090 NORTHWEST SIGNAL SUPPLY INC. 21702 41193 # 06-011 TRAFFIC SIGNAL CONTRC 10,208.40 Total : 10,208.40 10281 10/26/2006 000652 OFFICE DEPOT INC. 352570571-001 41284 OFFICE SUPPLIES- DG 268.11 356493150-001 41329 OFFICE SUPPLIES 368.84 356653941-001 41330 DG- OFFICE SUPPLIES 232.46 357469830-001 41342 #710-996 Dishwashing Soap for Kitcl 20.18 Total : 889.59 10282 10126/2006 000512 OFFICETEAM 16880221 SERVICES FOR CHARREL SANABF 528.00 16929228 SERVICES FOR CHARREL SANABF 660.00 16969902 SERVICES FOR KIMBERLY WILLIAP 655.88 Total : 1,843.88 10283 10/2612006 000494 PRO PEOPLE STAFFING SERV INC. 16,821 SERVICES FOR CENTERPLACE 1,105.60. 17,015 SERVICES FOR CENTERPLACE 1,105.60 Tota 1 : 2,211.20 10284 10/26/2006 000041 PROTHMAN COMPANY 2006-559 BUILDING OFFICIAL SEARCH EXPE 3,044.55 Total : 3,044.55 10285 10/26/2006 001161 PROVISIONAL STAFFING SERVICES 3008-0500013595 SERVICES FOR MATT KUSHNER 409.28 age: 4 vehlist Voucher List Page: 5 10/2612006 4:59:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10285 10/26/2006 001161 001161 PROVISIONAL STAFFING SERVICE: (Continued) Total : 409.28 10286 10/26/2006 001165 SHATSKIY, ALEX 10252006 REFUND REQUEST 35.00 Total : 35.00 10287 1012612006 001140 SPECIAL ASPHALT PRODUCTS invc037213 • 41326 0022-06 BAGGED COLD MIX 733.06 Total : 733.06 10288 10/26/2006 000424 SPOKANE COUNTY UTILITES, STORMW csv2006-001 TANK SITE VISITS 1,361.05 csv2006-002 TANK SITE VISITS 990.73 csv2006-003 STORMWATER PUMPS 880.48 Total : 3,232.26 10289 10/2612006 000324 SPOKANE COUNTY WATER DIST. #3 10252006 BILLING DATE 10/12/2006 68.07 10252006-2 BILLING DATE 10/1212006 458.68 Total : 526.75 10290 1012612006 001166 SPOKANE ISLAMIC CENTER 10252006 REFUND REQUEST 100.00 Total : 100.00 10291" 10/26/2006 000898 SPOKANE PROCARE 10/1/2006 41012 LANDSCAPE & WEED SPRAYING S 7,085.07 Total : 7,085.07 10292 10126/2006 000311 SPRINT SPECTRUM, L.P. 10262006 ACCOUNT NUMBER 141276664-3 805.65 Total : 805.65 10293 10/26/2006 000211 STATE TREASURER 10242006 LICENSE RENEWAL 100.00 Total : 100.00 10294 10126/2006 000488 SUKUP, MARINA 10242006 REIMBURSEMENT 630.75 Total : 630.75 10295 10/26/2006 000419 SUMMIT LAW GROUP 31823 GENERAL EMPLOYMENT & LABOR 638.00 Total : 638.00 10296 10/26/2006 001138 TIMBERLINE LANDSCAPING 37303 41327 0039 - ARGONNE ROAD CONSTRUt 591.87 Total : 591.87 10297 10/2612006 000102 TRANSNATION TITLE INSURANCE CO 20259357 LIMITED LIABILITY GUARANTEE 2,715.00 Page. 5 vchlist Voucher List Page: ~ . 6 1012612006 4:59:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10297 10/26/2006 000102 000102 TRANSNATION TITLE INSURANCE( (Continued) Total : 2,715.00 10298 10126/2006 001024 UNITED RENTALS NORTHWEST 60137492-001 41305 UNITED RENTAL OPEN FOR MISC. 54.56 60146827-001 41305 UNITED RENTAL OPEN FOR MISC. 51.99 60219802-001 41305 UNITED RENTAL OPEN FOR MISC. 30.52 60257494-001 41305 UNITED RENTAL OPEN FOR MISC. 18.02 Total : 155.09 10299 10/26/2006 000167 VERA WATER & POWER 10252006 BILLING DATE 10/1812006 38.50 10252006-10 BILLING DATE 10112/2006 105.66 10252006-11 BILLING DATE 10/16/2006 149.99 10252006-2 BILLING DATE 10/18/2006 104.00 10252006-3 BILLING DATE 10116/2006 336.39 10252006-4 BILLING DATE 10/17/2006 166.95 10252006-5 BILLING DATE 10/612006 167.55 10252006-6 BILLING DATE 10/9/2006 55.46 10252006-7 BILLING DATE 10/10/2006 15.33 10252006-8 BILLING DATE 1019/2006 77.07 10252006-9 BILLING DATE 10/11/2006 51.01 Total : 1,267.91 10300 10/2612006 000005 VMI, INC 189614 AUDIO EQUIPMENT FOR CENTERP 243.00 189658 41309 AUDIO EQUIPMENT FOR COUNCIL 121.98 189679 41172 AUDIO SYSTEM FOR CENTERPLAC 19.22 189806 41309 AUDIO EQUIPMENT FOR COUNCIL 843.86 Total : 1,228.06 10301 10/2612006 000964 VOLT 15305016 SERVICES FOR CHRIS LASALLE 204.64 Tota l : 204.64 10302 10/26/2006 000089 XO COMMUNICATIONS, INC. 0210633471 PHONE LINE SERVICE 1,539.36 Total : 1,539.36 58 Vouchers for bank code : apbank Bank total : 212,981.08 58 Vouchers in this report Total vouchers : 212,981.08 - °-ige. 6 vol ist Voucher List Page: 7 1012612006 4:59:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount APPROVED: I, the undersigned, do certify under penalty of perjury, /Z that the materials have been furnished, the services Ken Thompson, Finance Director Date rendered, or the labor performed as described twain and that the claim is just, due and an unpaid obligation against the City of Spokane Valloy; and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 7 vchlist Voucher List Page: 1 1110212006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10303 10127/2006 000379 CITY OF SPOKANE VALLEY Oct rode enforcement REPLENISH CODE ENFORCEMENT 34.00 Total : 34.00 10313 10131/2006 000379 CITY OF SPOKANE VALLEY Oct 31 code enforce REPLENISH CODE ENFORCEMENT 33.00 Total : 33.00 10314 11/112006 000606 COLUMBIA FIBER SOLUTIONS 109 DARK FIBER LEASE 195.48 Total : 195.48 10315 111212006 000921 A TO Z RENTALS 75905 41332 JANITORIAL 54.73 Total : 54.73 10316 1112/2006 001167 ALZHEIMERS ASSOCIATION, INLAND NV 10272006 REFUND REQUEST 199.25 Total : 199.25 10317 1112/2006 000030 AVISTA UTILITIES 1112006 BILLING DATE 10/25/2006 5,758.47 Total : 5,758.47 10318 11/2/2006 000168 B & C TELEPHONE INC. 122846 NEW SPACE CONNECTION SERVIC 222.64 Total : 222.64 10319 11/2/2006 000918 BLUE RIBBON LINEN SUPPLY, INC. 8761690 LINEN SERVICE FOR CENTERPLAC 260.86 Total : 260.86 10320 11/2/2006 000379 CITY OF SPOKANE VALLEY 10272006 REIMBURSEMENT 16.80 Total : 16.80 10321 11/212006 001148 COLUMBIA PAINT & COATINGS 97014 41339 MAINTENANCE SUPPLIES 67.18 Total : 67.18 10322 1112/2006 000326 CONSOLIDATED IRRIGATION DIST, 919 1112006 OCTOBER BILLING 241.77 1112006-2 OCTOBER BILLING 24.57 1112006-3 OCTOBER BILLING 55.00 _ 1112006-4 OCTOBER BILLING 139.47 1112006-5 OCTOBER BILLING 52.66 Total : 513.47 Page*. 1 vchlist Voucher List Page: 2 11102/2006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10323 1112/2006 000026 CONTRACT RESOURCE GROUP, INC. 60135-0 41322 OFFICE EQUIPMENT FOR BUILDIN, 10,015.64 Total : 10,015.64 10324 11/212006 000035 CORPORATE EXPRESS 74214061 41348 COPORATE EXPRESS 92.26 Total : 92.26 10325 11/2/2006 000060 DENENNY, RICHARD 1112006 REIMBURSEMENT 587.40 Total : 587.40 10326 11/2/2006 000686 DEPARTMENT OF LICENSING 10272006 CASH TRANSMITTAL 33.00 Total : 33.00 10327 11/2/2006 000912 DEX MEDIA WEST 10272006 ADVERTISING FOR CENTERPLACE 96.29 Total : 96.29 10328 11/2/2006 000246 EAST SPOKANE WATER DIST 91 102720006-4 WATER BILLING 127.02 10272006 WATER BILLING 69.58 10272006-3 WATER BILLING 85.42 10272006-4 WATER BILLING 194.46 Total : 476.48 10329 11/2/2006 001171 EASTERN WASHINGTON UNIVERSITY 10302006 REFUND REQUEST 9.50 Total : 9.50 10330 11/2/2006 001018 HP EXPRESS SERVICES hpe304054358 41356 HP SERVICE EXPRESS WARRANT 815.00 Total : 815.00 10331 11/2/2006 000313 INLAND ASPHALT COMPANY INC. 316202 41109 0019 BROADWAY AVE. CONSTRUC 72,947.78 810238-819545 41347 MATERIAL DISPOSAL FOR SWEEP 208.00 Total : 73,155.78 10332 11/2/2006 000022 INLAND BUSINESS PRODUCTS, INC. 54463 EMPLOYEE ID CARD 19.55 Total : 19.55 10333 11/2/2006 000070 INLAND POWER AND LIGHT CO 1112006 BILLING DATE 10/26/2006 423.01 Total : 423.01 10334 11/2/2006 000117 JOURNAL NEWS PUBLISHING INC. 28266 ADVERTISING 83.25 ^age: 2 J ,1 vchlist Voucher List Page: 3 11102/2006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10334 11/212006 000117 JOURNAL NEWS PUBLISHING INC. (Continued) 28267 ADVERTISING 25.00 28268 ADVERTISING 25.00 28269 ADVERTISING 81.00 Total : 214.25 10335 11/212006 000864 JUB ENGINEERS, INC. 0042034 41166 06-001 STREET MASTER PLAN 36,835.87 Total : 36,835.87 10336 11/2/2006 000786 K & N ELECTRIC MOTORS, INC. 0079908 41324 QUOTE #0021-06 K&N ELECTRICAL 279.10 Total : 279.10 10337 11/2/2006 001170 LINDAUER, SARA 10302006 REFUND REQUEST 12.00 Total : 12.00 10338 11/2/2006 000069 MERCIER, DAVID 10312006 REIMBURSEMENT 310.81 Total : 310.81 10339 11/2/2006 000283 NATIONAL RECREATION & PARK, ASSO 10272006 MEMBERSHIP INVOICE, #94713 160.00 Total : 160.00 10340 11/2/2006 001035 NETWORK DESIGN & MANAGEMENT 14506 MAINTENANCE 682.50 14507 SERVER MAINTENANCE 390.00 Total : 1,072.50 10341 1112/2006 001173 NICHOLS, JENNIFER 10302006 REFUND REQUEST 177.00 Total : 177.00 10342 11/212006 000652 OFFICE DEPOT INC. 357775118-001 41344 PRINTER / FAX FOR NINA 217.59 358250314-001 41349 OFFICE DEPOT 72.73 358257714-001 41353 OFFICE DEPOT SUPPLY ORDER 354.81 358257875-001 41353 OFFICE DEPOT SUPPLY ORDER 80.15 358476343-001 41357 #808-865 binderclips for Carolbelle 146.80 Total : 872.08 10343 11/2/2006 000512 OFFICETEAM 17048508 SERVICES FOR ANGELA FINCH 660.00 17085278 SERVICES FOR KIMBERLY WILLIA1 391.88 Page: 3 vchlistl Voucher List Page: 4 1110212006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 10343 11/2/2006 000512 000512 OFFICETEAM (Continued) Total : 1,051.88 10344 11/2/2006 001133 PATRIOT FIRE PROTECTION, INC. 6-10-50 REPLACEMENT OF FIRE SPRINKLE 425.71 Total : 425.71 10345 11/212006 000119 PIP PRINTING INC. 1330035689 41307 PRINTING 148.45 Total : 148.45 10346 11/2/2006 000494 PRO PEOPLE STAFFING SERV INC. 17,200 SERVICES FOR PARKS & REC. 1,105.60 Total : 1,105.60 10347 11/2/2006 000041 PROTHMAN COMPANY 2006-602 RECRUITMENT OF BUILDING OFFIi 5,467.00 2006-627 BUILDING OFFICIAL SEARCH EXPE 333.53 Total : 5,800.53 10348 11/2/2006 001161 PROVISIONAL STAFFING SERVICES 3008-0500013645 SERVICES FOR MATT KUSHNER 1,023.20 3008-0500013712 Services for Matt Kushner, week endi 1,023.20 Total : 2,046.40 10349 11/2/2006 000322 QWEST 10272006 SERVICE FOR CENTERPLACE 42.79 Total : 42.79 10350 11/212006 001172 SCHNEIDMILLER, KELLI 10302006 REFUND REQUEST 244.00 Total : 244.00 10351 11/2/2006 000854 SHERRY PRATT VAN VOORHIS, INC 759.02 41214 MIRABEAU OVERLOOK 1,376.00 Total : 1,376.00 10352 11/212006 000710 SPOKANE COUNTY BAR ASSOCIATION cb609O54 PHOTOCOPIES 0.75 Total : 0.75 10353 11/212006 000172 SPOKANE COUNTY ENGINEER VIy0609 Street Maintenance charges 149,187.59 Total : 149,187.59 10354 11/212006 000001 SPOKANE COUNTY TREASURER 10272006 SPOKANE CO. SERVICES 1,327,616.86 Total : 1,327,616.86 10355 11/2/2006 000324 SPOKANE COUNTY WATER DIST. #3 10272006 BILLING DATE 10/20/06 76.25 4 ~ l vchlis: Voucher List Page: 5 11102/2006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO i! Description/Account Amount 10355 11/2/2006 000324 000324 SPOKANE COUNTY WATER DIST. # (Continued) Total : 76.25 10356 11/212006 000749 SPOKANE REGIONAL HEALTH DIST. 10272006 SULLIVAN PARK 129.00 10272006-2 MIRABEAU PARK 129.00 Total : 258.00 10357 11/2/2006 000862 SPOKANE ROCK PRODUCTS, INC. 10302006 41260 0039-05-017 ARGONNE ROAD OVE 297,073.46 Total : 297,073.46 10358 11/2/2006 000939 SPRAGUE & SULLIVAN MINISTORAGE 17936 STORAGE FOR CENTERPLACE 119.00 Total : 119.00 10359 11/2/2006 000311 SPRINT SPECTRUM, L.P. 1112006 REMOTE CONNECTIONS FOR FIEL 297.18 Total : 297.18 10360 1112/2006 000773 STUDIO CASCADE, INC. 1102 PLANNING SERVICES THROUGH C 4,895.00 Total : 4,895.00 10361 11/2/2006 001168 UNITED STAGING & RIGGING b000491 STAGE PAINT 377.43 Total: 377.43 10362 1112/2006 000167 VERA WATER & POWER 10272006 BILLING DATE 10125/2006 23.80 10272006-6 BILLING DATE 10125/2006 43.70 10272006-7 BILLING DATE 10/23/2006 48.21 1112006 BILLING DATE 10120/2006 20.45 1112006-2 BILLING DATE 1013012006 1,714.40 Total : 1,850.56 10363 11/2/2006 000667 WSDOT, ENGINEERING PUBLICATIONS 1112006 SUBSCRIPTIONS TO ENGINEERIN( 80.00 1112006-2 SUBSCRIPTIONS FOR ENGINEERIP 25.00 Total : 105.00 52 Vouchers for bank code : apbank Bank total : 1,927,111.84 52 Vouchers in this report Total vouchers : 1,927,111.84 Page: 5 vchlist Voucher List Page: 6 1110212006 5:26:47PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount APPROVED: Z -7 CA I, the undersigned, do certify under penalty of perjury, that the materials have been fumished, the services Ken Thompson, Finance Director Date rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Mayor Wilhite Finance Director Date rge: 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11-14-06 City Manager Sign-off: Item: Check all that apply: x consent Q old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending October 31, 2006 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 151,814.18 Benefits: $ 73,847.84 TOTAL PAYROLL: $ 225,662.02 STAFF CONTACT: Jason Faulkner ATTACHMENTS DRAFT i1.l [NUTES City of Spokane Valley City Council Regular Meeting Tuesday, October 24, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the'103`d meeting. Attendance: City .Staff: Diana Wilhite, Mayor Dave Mercier, City Manager Steve Taylor, Deputy Mayor Cary Driskell, Deputy City Attorney Mike DeVleming, Councilmember Cal Walker, Police Chief Dick Denenny, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Mike Jackson, Parks & Recreation Director Gary Schimmels, Councilmember Greg McCormick, Planning Manager Marina Sukup, CommunityDevelopment Director Absent: Neil Kersten, Public Works Director Councilmember Munson Carolbelle Branch, Public Information Officer Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Deputy Mayor Taylor gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers, were- present . except ~fJ Councilmember Munson. It was moved by Councilmember Denenny, seconded, and unanimously agreed to excuse C'ouncibnember 1Yfunson from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy eilfayor Taylor, seconded, and unanimously agreed to approve the agenda. ]INTRODUCTION O>± SPECIAL GUESTS AND PRESENTATIONS:, NTone. CONliN'LIYUE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels_ reported that he attended a Spokane Regional Transportation Council monthly meeting; that last week that group held an open house at East Valley Middle School on bridging the valley; and that he also attended last week's Association of Washington Cities (AWC) Regional meeting at Center.Place. Deputy Mayor Taylor: stated that he also attended the AWC Regional meeting. Councilmember Gothmann: said that he attended a dinner sponsored by Goodwill; the AWC meeting;.and also attended the Housing and Community Development Advisory Committee meeting concerning funds for the homeless where the Task Force presented their proposed funding allocations to Commissioner Mark Richards and Mayor Hession. MAYOR'S REPORT: Mayor Wilhite reported that in addition to attending the AWC Regional Meeting; she represented the City at the H.irability Today presentation, where community members and companies were honored for hiring people with disabilities; she attended the Spokane Chambers (Regional and Greater Spokane Valley Chambers) meeting to discuss legislative agendas; that she took a tour of Opportunity School as the Central Valley School Board will have their measure on the ballot; and she attended an alliance for justice to honor justices who perform pro bono work. Council Meeting: 10-24-06' Page] of 5 Approved by Council: DRAFT PUBLIC COMMENTS: Mayor Wilhite invited general public comments. No comments were offered. - 1.. PUBLIC HEARING: 2007 Proposed Budget - Ken Thompson Mayor Wilhite opened the public hearing at 6:09 p.m. and welcomed Finance Director Thompson to the podium. Director Thompson explained that this is the third and final public hearing on the 2007 budget, and he brought Council's attention to the updated "blue" pages to be inserted in the budget books; and added that even these pages will be further updated to correct typographical errors and minor changes. Mr. Thompson reported that the total budget is $76 million, and includes several reserves, some new items such as funds for a lobbyist and for the records management program, and that rather than 6.35 new employees, there will be 7.35 as Council approved the experimental position of Administrative Assistant at CenterPlace. Mr. Thompson said also not included in the budget and an item which staff seeks council direction, concerns the $21,000 requested for a GIS site locator program; that the decision need not he made now, but a decision will need to be made within the next two weeks. Mayor Wilhite invited public comment; no comments were offered and Mayor Wilhite closed the public hearing at 6:14 p.m. 2. PUBLIC HEARING: Community Development Block Grant (CDBG~- Greg McCormick - Mayor Wilhite opened the public hearing at 6:14 p.m. and welcomed Planning Manager McCormick. Mr. McCormick explained that the purpose of this hearing is to receive public testimony regarding the proposed list of paveback projects, which list was reviewed by Council at the last meeting, and to gather other public input including suggestions for other projects. Because of the time constraint, Mr. McCormick added that he would also like to request a motion tonight from Council to authorize city staff to prepare the appropriate CDBG Application materials for the list of projects as specified by Council, to submit to Spokane County. Mayor Wilhite invited public comment; no comments were offered and Mayor Wilhite closed the public hearing at 6:23 p.m. City Manager Mercier suggested that Council add as tonight's agenda item 99a, the recommended motion as mentioned above. Council concurred. 3. CONSENT AGENDA: 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. Claim Voucher List 10-09-2006; Vouchers 10111-101650; total amount: $840,757.52 b. Payroll for Period Ending October 15, 2006: $154,985.58 c. Resolution 06-019 Setting Public Hearing for Street Vacation STV 03-06 d. Resolution 06-020 Setting Public Hearing for Street Vacation STV 04-06 e. Minutes of October 10, 2006 Regular Council Meeting f. Minutes of October 17, 2006 Council Study Session Meeting It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the Consent Agenda. _ NEW BUSTNVESS 4. Second Reading Proposed Ordinance 06-022 Levying Property Tax - Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy.Vayor Taylor and seconded to approve ordinance 06-022 levying property tares at $J. 60 per thousand dollars of assessed value for the city of Spokane Valley 2007 budget. Finance Director Thompson explained the background of the ordinance levying the property tax, and that section 1 total amount should be $9,520,000 rather than the stated $9,303,040. It was moved by Deputy Alayor Taylor and seconded, to amend the motion to approve ordinance 06-022 to amend section one total amount of $9,520,000. After brief discussion of the ordinance, Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote by acclamation on the amended motion: In Favor: Unanimous. Opposed: Alone. Abstentions: None. Motion carried - Council Meeting: 10-24-06 Page 2 of 5 Approved by Council: DRAFT 5. Second Reading Proposed Ordinance 06-023 Confirming, Excess Propegy Tar l.,cvy - Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor rind seconded, to approve ordinwice 06-023 confirming the City's desire to levy the 1% increase in property tax for 2007. Finance Director Thompson explained that state law requires an ordinance be passed confirming our desire to levy the annual 1% allowable increase in property tax, even though that tax increase might not be necessary. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In .Favor.- Unanimous. Opposed: 1lnone. Abstentions: None. iWotion carried 6 First Reading Proposed Ordinance 06-024 Adoptin% 2007 Budget - Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to advance ordinance 06-024 to a second reading. Mr. Thompson explained that several public hearings have been held on the 2007 budget, that the $21,000 for the site locator needs to be decided within the next two weeks; and that the street fund appropriation needs to be slightly higher based on Council's prior direction; and that number, closer to $4 million, will be changed prior to the ordinance's second reading. After brief discussion concerning $95,000 for impact fee study, and the Parks and Recreation lowered budget, which is a reflection on the YMCA- contract and upcoming pool renovations, Mayor Wilhite invited public comment. No comments were offered. City Manager Mercier mentioned that since there is no meeting October 31, and the Novembcr 7 meeting will be short, that Council might want to voice a preference on the site locator now, to either approve, reject.., reserve the funds now with formal allocation at a later date, or to approve the current budget keeping in mind that the budget can be amended some time in the following year. Council discussion included reserving funds now to formally allocate later; that the Economic Development Council supports the site locator proposal and does not see it to be in competition with their other proposals; increasing the funding for outside agencies by $21,000; whether Coeur d'Alene and - nortlier►i Idaho are included iri this site locator arui; mid that the request falls outside the budget and is not - in order at this time. It was moved by Councilmember DeVleming and seconded, to amend the motion to amend the budget to set the placeholder of $21,000 for decision at a later time. Mayor Wilhite invited public comment; no comments were offered. Vote to amend the motion: hi Favor: Mayor IYilhite and . Conrncibmembers Schimmels, Denenury, and DeWeming. Opposed.- Deputy Mayor Taylor and Cou ncibnember Gothmann. Abstentions: None. Motion carried. Further Council/staff discussion continued concerning the winter weather reserve fund; the philosophy of reserves; the general fund versus the street fund; that for the last two years $2 million a year was moved from the general fiord to the street fund, and that this coming year the amount•is approximately $900,000; finding priorities and distinctions; and a reminder that the upcoming budget numbers are estimates. ' Vote by acclamation on the amended motion to advance ordinance 06-024, adopting the 2007 budget to a second reading; and to amend the budget by setting the placeholder of $21, 000 for a decision at a later time: In favor: Unanimous. Opposed: Alone. Abstentions: None. Motion carried 7. First ReadinProposed Ordinance 06-025 Amending 10.3 Appeal Fee- Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy .Mayor Taylor and seconded, to suspend the rules and adopt ordinance 06-025. Legal Intern Patrice Clemons explained that the purpose of this ordinance is to amend Spokane Valley Municipal Code 10.30.560 to clearly state that the tiling of an appeal is contingent upon complete payment of the appeal fee. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed:, Note. Abstentions: Nome. Motion carried. Council Meeting: 10-24-06 Page 3 of 5 Approved by Council: DRAFT 8 first Reading Proposed Ordinance 06-026 Amending 9.05.030 School Speed Zones - Neil Kersten After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Ablayor Taylor and seconded, to suspend the rules and adopt ordinance 06-026. Public Works Director Kersten explained that this ordinance would amend the City's code to state that the City may amend or adopt school speed zones as necessary, and designate school speed zones with approved signage options; and that any changes to speed limits or school speed zones shall be done by resolution. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed: None. Abstentions: Alone. Motion carried 9. Motion Consideration: Extend Deadline for Comprehensive Plan Amendments Applications - Marina Sukup It was moved by Deputy Mayor Taylor and seconded to accept Comprehensive Pleat Amendment applications for the 2007 Annual Comprehensive Plan Update taitil 5:00 p.m. Friday, December 29, 2006. Community Development Director Sukup explained that the extension for this year is necessary in order to provide at least 60-day's notice to anyone desiring to amend the comprehensive plan as the -deadline stated in the ordinance is November 1, and that date does not provide ample time for advance - notification. Mayor Wilhite invited public comment; no comments were offered. In response to Council question, Director Sukup stated that this extension is a one-time occasion; that Council adopted the ordinance establishing procedures to annually amend the Comp Plan, and that ordinance effective date was September 27, 2006; hence a November 1 application deadline would not provide time for the full 60-day notice. Vote by Acclamation: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9a Motion Consideration: Community Development Block Grant applications - Greg McCormick It was moved by Deputy ii1fayor Taylor and seconded, to authorize city staff to prepare the appropriate - - -cvmntuni develo meat blockgrant applications for projects ro1'ects identified bY City -Council: MaYor Wilhite tl'P invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed: Alone. Abstentions: None. Motion carried. PUBLIC COMMENTS. Mayor Wilhite invited general public comments. Gail Stiltner. 10119 E 44°i Avenue: commented about school zones in general rather than flashing lights; and wanted to plead with Council to not study this indefinitely; she said that this is a difficult issue for law enforcement and citizens; that her teenage grandchildren don't underst And the rules; that she asked the police chief to explain the rules and he couldn't; that when tTaffic tickets are issued they are many times overturned as the term "when children are present" is ambiguous; and that she feels it reasonable to set times-and let common sense rule during-times not otherwise posted. Mayor Wilhite called for a recess at 7:17 p.m. and reconvened the meeting at 7: 28 p.m. ADAUNISTRATIVE REPORTS: 10. UDC Title 20 Subdivision Regulations (aka Title 14) - Grep, McCormick Planning Manager McCormick gave an overview of the draft subdivision regulation ordinance, including an explanation the various sections, and term definitions. CouncilIstaff discussion included the application process and mention of electronic maps for preliminary and/or final design; the various types of hearings and hearing notice procedures. 11. Governance Manual - Councilmember DeVleming Councilmember DeVleming explained that this is the third annual revision of the Governance Manual, and that this year lie and Councilmembers Denenny and Gothmann, along with City Manager Mcrcier and City Clerk Bainbridge, worked to further revise and refine the document. Councilmember DeVleming also mentioned the highlighted areas in the redline version are council reminders; and further went over Council Meeting: 10-24-06 Page 4 of 5 Approved by Council: DRAFT the proposed changes to the document, including a large change on the public hearing portion, dividing the public hearing information into legislative hearings, and quasi juridical hearings. Mr. DeVleming also mentioned the need to keep staff informed of meeting attendance. The exhibit of the telephone tree was also mentioned, and Mayor Wilhite stated that the form was approved several years ago, but no names were included on the form, and she mentioned the need to have a current telephone tree. EXECUTIVE SESSION: None There being no further business, it was moved by Deputy Mayor Taylor, seconded, and unanimously agreed to adjourn. The meeting adjourned at 7:53 p.m. ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk i Cotincil Meeting: 10-24-06 Page 5 of 5 Approved by Council: DRAFT 1 MINUTES CM.. OF SPOKANE VALLEY CITY COUNCIL STUDY S:CSSION Tuesday, November 7, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Present: Counci (members: Staff: Diana Wilhite, Mayor Dave Mercier, City Manager Steve Taylor, Deputy Mayor Nina Regor, Deputy City Manager Mike DeVleming, Councilmember Cary Driskell, Deputy City Attorney Dick Denenny, Councilmember Mike Jackson, Parks & Rec Director Bill Gothmann, Councilmember Marina Sukup, Community Development Dir. Rich Munson, Councilmember Ken Thompson, Finance Director Gary Schimmels, Councilmember Jennifer Cusick, Recreation Cbordinator Chris Bainbridge, City Clerk Employee Introductions: Permit Specialist Jernta Davis by Community Development Director A'farina S'ukup; Building Inspector HBob Bebout by Nik Bentley, Senior Plans Examiner Community Development Director Sukup introduced Building Inspector Bob Bebout, who lives in Priest River, and who is now certified as a building inspector for commercial and residential inspections; and Permit Specialist Jenna Davis, who was formerly in the military police, and has several years experience in the construction trade. Councilmembers welcomed them both. l` 1. Proposed Resolution 06-021 Homelessness Task Force Funding Association - Councilmember Gothmann Councilmember Got:hrnarm introduced Amy Jones, Human Services Assistant with the City of Spokane Human Services Department; Sheila Morley, Emergency Assistance Program Manager with the Spokane Valley Community Center; and Homelessness Task Force Member Gail Kogle. Ms. Jones gave a brief history of the bill and of the funds collected; that there is a $10.00 surcharge of each recorded real estate transaction, with 60% of that charge held for homelessness assistance. Ms..Kogle thanked Council for being appointed to this task fore and said that members of the Task Force all contributed by giving different points of view on how to work with the homeless, that in reviewing the solicited applications for funding, the `]'ask Force discussed what was relevant and important and where the funds should be - distributed throughout the County. Ms. Morley added that part *of those funds that Spokane County applied for will go to the Community Center to be used for rental assistance to help prevent homelessness. It ivas moved by Cornicilrnember Gothmann and seconded to approve Resolution 06-021. (`Mayor Wilhite invited public continent; no comments were offered. Vote by Acclamation: In 1*'avor: Unanimous. Opposed: None. Abstentions: none. Motion carried 2. Motion Consideration: Transfer of Unused Heron Avenue - Carv Driskell .Deputy City Attorney Driskell explained that Spokane County Division of Utilities contacted staff to inquire about the County obtaining an unused portion of City right-of-way that came to the City upon incorporation, as the County requires some space to site a sewer pump house. Mr. Driskell said that the City does not have a transportation need for the property, but would like to reserve an easement for a walking path between Vercler and Plante's Ferry Park. It limas moved by Deputy Mayor Taylor and seconded, to authorize the City Manager or designee to execute any necessary documents to transfer- any interest the City has in Heroy Avenue located beta een the eastern boundary of Plante's Ferry Park and A4eeting Minutes: 11-07-06 Page 1 of 3 Approved by Council: DRAFT the western boundary of where Vercler Road intersects with Heroy Road, reserving an easernent for a walking path between Vercler Road and the eastern boundary of Plantes.Ferry Park. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed.- Mone. Abstentions: none. Motion carried 3. Recreation Pro>;rams Update - Mike Jackson/Jennifer Cusick Recreation Coordinator Jennifer Cusick gave a Summer Program Overview PowerPoint presentation, including highlights of summer day camps, budget, cost recovery, and recommendations for 2007. Ms. Cusick remarked that on-line registration worked well. Councilmembers expressed appreciation for the information on the successful summer programs. 4. CenterPlace Update - Mike Jackson Parks and Recreation Director Jackson gave an update on CenterPlace, including past successes as well as future plans for improvement; budget revenues and expenditures, regional marketing plan, mention of the new website, and that $372,000 remains in the CenterPlace construction fund. Conceming revenues and expenditures, it was mentioned that there are some items already paid for 2007 events, and some 2006 events not yet paid for, and that he will report back to council with more firm amounts at year's end; adding that the projections are substantially better than originally proposed. Council/staff discussion included the desire to better measure the regional impact on CenterPlace; how much the Convention Visitor's Bureau contributes and to what specifically; meetings with the hoteliers; the positive benefits of the added sound system in the upstairs lounge; video-teleconferencing in the future; Universal Park overall funds and matching funds; and how the future use of fiber will greatly increase the Center's capacity over the current T1 lines. 5. Prelimina.r. Legislative Agenda/L.obbvist Update - Dave Mercier City Manager Mercier mentioned that this is the time of year Council ponders what, if any, matters to bring to the attention of state legislators; that there are two topics for consideration: legislative measures, and lobbyist support.. Council discussion identified the following legislative items for consideration: (1) securing funding for the Universal Park project at Mirabeau Point; (2) encouraging support for Project Access; (3) streamlined sales tax; (2) road preservation funds [to start laying groundwork and get involvement of other communities, including a presentation to the NE Mayor's Association]; (4) annexation regulations that would allocate collection of the county road taxes for up to ten years; and (5) increasing BEET funding rather than imposing development related impact fees. Concerning the lobbyist issue, Mr. Mercier stated that we received two responses to -our- Request for - Lobbyist, and mentioned that this item is scheduled to appear on next week's agenda to consider finalizing a professional services contract with a lobbyist. Council discussion included need for a lobbyist' presence in Olympia to keep Council alerted to pending legislation such as Growth Management Act revisions, that a lobbyist could help identify new sources of revenue or grant funding opportunities; and other issues that may have a positive or adverse affect on the City; that Council is willing to proceed for one year and then further analyze the position to determine investment benefits; and there was mention of avoiding any conflict of interest. It was Council consensus that staff proceed to craft a contract. 6. Advance Agenda - Mayor Wilhite Mayor Wilhite reminded everyone of the November 30 Community Workshop meeting; that there is no meeting the week of Thanksgiving, and additionally no meeting December 5 as the majority of councilmembers will likely be attending the Annual Congress of Cities in Reno. Mayor Wilhite mentioned bringing the voting/tabulating machines to the November 30 meeting and Mr. Mercier said he will check with the consultants. Meeting eMinuces: 11-07-06 Page 2 of 3 Approved by Council: D12A1E` T 11. Council Check-in -Mayor Wilhite: No added comments. 12. City Manager Comments - Dave Mercier: No added comments. As the remaining items were for information only, there was no further business and the meeting adjourned at 7:20 p.m. - ATTEST: Diana Wilhite, Mayor Christine Bainbridge, City clerk Meeting Minutes: 11-07-06 Poge 3 of 3 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 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: Second Reading Proposed Ordinance 06-024 Adopting 2007 Budget GOVERNING LEGISLATION: State law requires an ordinance be passed to adopt the 2007 Budget PREVIOUS COUNCIL ACTION TAKEN: Several public hearing's were held on the proposed 2007 budget. The City Council discussed the budget process, goals, outside agency requests and other budget related issues at several meetings during the summer and fall. Departments highlighted significant budget issues at a September council study session. The first reading of the 2007 budget ordinance took place on October 24. Public notices of all budget hearings were provided. BACKGROUND: State law requires several public hearings and an ordinance to adopt the _ 2007-budget. The City held public hearings on August 22, October 10 and October-24. - The first reading of the ordinance to adopt the 2007 budget took place on October 24. OPTIONS: Two readings of the ordinance are required prior to adopting the 2007 budget. The City Council could elect to conduct the second reading on November 14, or at a later date. However, the last reading must be held and the ordinance passed prior to late December, 2006. The City's current budget schedule anticipates 2007 budget adoption in November of this year. Postponing the second reading until December makes it difficult, but not impossible, to adopt the 2007 budget in a timely manner. RECOMMENDED ACTION OR MOTION: Move to adopt Ordinance 06-024 adopting the 2007 budget.. BUDGET/FINANCIAL IMPACTS: Once the Budget Ordinance is adopted, this will be the budget for 2007. STAFF CONTACT: Ken Thompson, Finance Director DRAIr r CITY OF SPOKAI T4, VALLEY j SPOKANE COUNTY, WASHi.NGTON ORDINANCE NO. 06-024 AN ORD VANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASIIINGTON, ADOPTING A BUDGET FOR TFIE PI R10D JANUARY 1, 2007 TBROUGH DECEN[BER 31, 2007 APPROPRIATING FUNDS AND ESTABLISHMG SALARY SCHEDULES FOR :I:STA13LISI.TED POSITIONS. WHEREAS. State law requires the City Manager to prepare a preliminary budget for the City of Spokane Valley at least sixty (60) days before the beginning of the City fiscal year beginning January 1, 2007 and ending December 31, 2007; and WHEREAS, the City Manager in consultation with the Finance Director and Department Heads has prepared and placed on file with the City Clerk a preliminary budget together with an estimate of the amount of money necessary to meet the expenses of the City including payment of outstanding obligations; and W14 RE AS, notice was posted and published on August 25, September 1, September 29, October 6, and October 13, 2006 that the City Council in the City of Spokane Valley would meet and receive public comment in the City Council Chambers prior to the adoption of the budget; and WI 'EKEAS, following the filing of the preliminary budget with the City Clerk, notice of the same and three hearings on the budget, the City Council desires to adopt the 2007 budget, including all allowances and an appropriation for each find so that a balanced budget, where appropriations are limited - --to-the estimated revenues including beoinnin fund balances,-is-adopted for the-City, NOW, THEREFOR-F_, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Adoption of 2007 Budget. The budget for the City of Spokane Valley for the year 2007 is hereby adopted as the balanced budget of the City with appropriations limited to the total estimated revenues and beginning fund balances of the City. `I'•he final budget for 2007 is attached hereto and by this reference is incorporated herein pursuant to RCM 35A.33.075. For summary purposes, the total estimated appropriations for each separate fund plus the aggregate total for all such funds is set forth as follows: 117UND ESTIMATED APPROPRIATION REVENUrS & FUND BALANCE GENERAL FUND $38.907,470 S31,549,504 S'IR.ECT FUND 7,420 000 4,088,372 ARTERIAL STREET FUND 912,000 912,000 TRAILS & PAM-IS MND 21,000 21,000 HOTELMOTEL FUND 658,000 658,000 DEBT SERVICE LTGO 03 600,000 600,000 CAPITAL PROJECTS FUND 4,120,000 4,120,000 SPECIAL CAPITAL PROJECTS FUND 4,420,000 4,420,000 STREET CAPITAL PROJECTS FUND 6,939,843 6,939,843 N1IRA13-A POINT CAPITAL FUND 441,000 441,000 S°C'RT'r'f BOND CAPITAL 816,000 816,000 CD BLOCK GRANT FUND -0- -0- Ordinance 06-024, Annual Appropriation Ordinance 2007' Page 1 of 2 DRAFT CATITAL GFANITS FUND 7,300,000 7,304,000 BAPK-.R BRIDGE FEDERAL FUND 700,000 700,000 STORUMWATER lk+lAN rlUEMENT FUND 2,855,762 1,900,309 PARKS CAPITAL E'ROIECC FTYs\TD 3,550,400 3,550,000 1 LT TENT R&R FUND 944,375 944,375 RISK MANA-GEMEN I' T ]R5 ---217,100 . .217,104 RESERVES: CTV1C' A IL: nES 1,464,400 1,460,000 ENTERPLACE 325,000 325,000 SERVICE LEVEL 5,200,000 5,200,000 WI-NTER WEATEER 544,000 540,000 TOTAL ALL FUI,0 $88,347,550 $76,702,503 The total balance of all funds appropriated for the year 2007 is $76,702,503. -Seaton 2. Positions and Salary Schedules. The. various positions and salary ranges for City Ern ployeed are attached to this Ordinance as Appendix -`A." Section 3. Tran=ittal of 13udget- -A complete copy of the. budget as adopted, together with a copy of this Ordinance sha11 be. transmitted by the City Clerk to the Division of Municipal Corporations in the OfFce of the State Auditor find the Association of Washington Cities- _ . . . - - - . . _ , Section 4. .9overability. If any swion, sentence, clause or phrase of this ordinance sha]1 be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutional ity dial I not of ,-ot the validity or constitutionality of any other section, sentence, clause or, phrase cif this ordinance. Section 5. Effective Date. This 0rdinancc shall Ise in full force and effect five (5 days after the date of puW ication ofthid Ordinance or a summary thereof in the official newspaper of the City- PASSED by the City Council this day ofNovemNr, 2006. Diana Wilhite, Mayor ATTE-S-T: Christine'Bainbridge., City Jerk Approved As To Farm: Office of the City Attorney - Date of Publication: Effective Date.- OH inance 06-024, AnnwiI Appropriation 00inancw 2007 Page 2 aft Appendix A i ~I EMPLOYEE POS1TION CLASSIFICATION MONTHLY SALARY SCHEDULE 2007 Salary Schedule j Position Title Grade 2007 Range City Mana of Undassified De u Ci Manager 21 $ 7,627 - 9.779 City Atterne 1 7,627 9,779 Community Development Director 21 7.627 - 9,779 Finance Oirector 21 7,827 9,779 j Putflic Works aiiector 21 7,627 9.779 Parks and Recreation Director 19 8,178 - 7,921 ! Planning Manager 18 5.561 7,129 ! Building Official 16 5 561 7,129 ! eniof Engineer - Ca ital Fro"ects, Development is 5,561 - 7,129 De u City Attome 18 5.561 7,129 I ! Senior Engineer - Traffic, CIP Plannin lGrants 17 5004 - 8,415 Accounting Manager 17 5,604 - 6.416 City Clerk 16 4,5U4 - 5.774 Engineer 16 4 504 - 5,774 Senior Planner 16 4,584 - 5,774 Senior Plans Examiner 'V6 4,504 - 5,774 IT Mena er 16 4,504 - 5,774 r , ~ ~ Associate Planner 15 4,054 - 5,197 _ Assistant En ineer 15 4,054 - 5,197 Public Works Superintendent 15 4,054 - 5,197 enLerPIwe Coordinator 15 4,054 - 5.197 Human Reso4Frce Analyst 14 3,646 4,677. 77 AccountanUBud et Anal rt 14 3,648 4,6 Adminis#ralive Anal st 14 3.648 - 4,677 Assistant Planner 14 3.648 - 4.677 Building Ins ector II 14 3.648 4.677 Plans Examiner 14 3,648 4,677 Gi Technician 14 3 648 4,677 P4iblic Information Officer 14 3.648 - 4,677 En ineenpi Technician 14 3, 8 - 4;577 Senior Permit S ecial ist 14 648 - 4.677 WintenancelGonstruction Inspector 13-14 3,283 - 4,677 Recreation Coordinator 19-1 3.20 - 4,677 Cade Enforcement Officer 13 3.283 - 4,209 Building Inspector i 13 3.283. - 4,209 Plannin Technician 13 3,283 - 4,209 Re r+i Oif Clerk 'k2-13 2,955 ' - 4,209 Senior Denier Specialist 12-13 2,955 - 4,209 Adminislralive Assistant 1iA2 2660 - 3,789 89 ! Permit ecialist 1 i-12 2,660 - 317 Accounting Technician 11-12 2,660 - 3,789 Maintenance Warker 11A2 2,660 - 3,789 Office Assistant II if1-i1 394 3.409 Office Assistant I 9-10 2.155 - 3,068 iF RiEve~kion Assistant 5 1 323 1.735 t i i i CITY OF SPOKANE VALLEY Request for Council Action 'Meeting Date: November 14, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business x new business El public hearing ❑ infoi natlon ❑admin. report 2) pending legislation AGENDA ITEM TITLE: Hirst Reading Proposed Ordinance 06-027 Amending Spokane Valley Municipal Code Section 10.05.080, 10.05.090, 10.05.110, 10.05.140 and 10.05.180 Relating to Obstruction Permits. GOVERNING LEGISLATION: Spokane Valley Municipal Code; Chapter 10.05 Article II. Construction Work and Activity within Right-of-Way. PREVIOUS COUNCIL ACTION TAKEN: Ordinance 63-03; April 11, 2006 - Administrative Report; June 18, 2006 - Presentation of Ad-Hoc Committee Recommendations; August 15, 2006 - Presentation of Staff Recommendation; October 3, 2006 - Administrative Report ROW Permit Update. BACKGROUND: On April 11, 2006 Staff presented a report to Council that examined the City's current Right-of-Way (ROW) process and compared it to the process of other Washington cities. On August 15, 2006, staff presented different ROW permitting options available to the City and provided a staff recommendation. Staff brought forward a draft ordinance and fee structure based on the staff recommendation on October 3, 2006. Council requested extending, from one hour to two hours, the duration of right-of-way (ROW) activities that are exempt from permitting requirements. This draft ordinance provides that requested extension of time. This change was made in conjunction with requiring that all ROW activities that close more than 50% of any non-arterial street or close any lane on an arterial street require a permit regardless of duration. OPTIONS: Continue implementation of the current Spokane Valley Municipal Code (SVMC) Chapter 10.05 Article II, approve the attached draft ordinance to amend the SVMC or provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to advance Ordinance 06-027 to a second reading. BUDGET/ FINANCIAL IMPACTS: Fees will recover costs at current staffing levels. STAFF CONTACT: Morgan Koudelka Administrative Analyst, Nina Regor, DeputyCity Manager ATTACHMENTS: Draft Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 06-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 10.05.080, 10.05.090, 10.05.110, 10.05.140 AND 10.05.180 RELATING TO OBSTRUCTION PERMITS, PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS. the City adopted Ordinance 03-063, providing requirements for obstruction permits for certain activity in the public rights-of-way. Ordinance 03-063 wars later codified into Spokane Valley Municipal Code 10.05.070-10.05.210; and WHEREAS, the City desires, from time to time, to analyze the effectiveness and appropriateness of its code requirements to determine if they can be improved for the benefit of its citizens; and WHEREAS, amending SVMC 10.05.080, 10.05.090, 10.05.110, 10.05.140 and 10.05.180 will further the public health, safety and welfare. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: .Section 1. Intent. It is the intent of the City Council for the City of Spokane Valley to amend SVMC 10.05.080, 10.05.090, 10.05.110, 10.05.140 and 10.05.180 relating to obstruction permits to make compliance with requirements easier for frequent _ users of the City's rights-of-way ysithcn~t c.mT,n,mi,irw the 'u•_,1!i.r 111-1 crti/cns, or tlrc ci,-n-dition k f Ilrc Crte's Infrastructure. Section 2. AmendiLig Spokane Valley Municipal Code section 10.05.090: SVMC 10.05.080 is amended as follows: I Obsuwtion Permit Rgquired- Unles,: excm .t trr+nl_j ~,lnit rtllllrE'rllCiii, Aan obstruction permit is required of any person or company who performs construction work or otherwise engages in activity within existing or proposed City rights-of-way, streets, easements, or on City owned infrastructure. W,,rk 1'\C If-, i 1'_-rr:W- Pcrtnits stliill not b retfuired for the filllowirlil_: A. Work done by or for the City within its right-of-way. •%,,i Ordinance 0"27 Page I of 4 DRAFT work- does not require: the closure of more than 500/6 of a street. does nc close any lanes on an arterial. does not involve (•~:c l~.Ir,~,n «lthin th right-of-way, and does -w invnlvt~- ciittine or sidewalks. curbs or gu- but will 4-e Wd permit requirements of tius code shall out _oc Llcenic.l to ►;rs:: authorization for any work to be done in any manner in violation of th, provisions jurisdicticu In the case of all vinerbencN, a hri%ate ur 1>uhlic unlit?. nl.,y L0111111clict: work prior to obtaining a permit, provided the person or comji.lny obtains a construction permit within forty-eight (48) hours after work k commenced or on the iir•.i l t !',li .i?) 1,:. ! ,11 I•.I ?.,j~ !i ti' eight (48) hour period Section 3. Amendij 5 ka1 SVMC: 10.05.090 is amended as follows: Obstruction Permit-Application. No tibsnuction pcr1111t -1-mill i" unless a written application is submitted and approved by the Director. The application shall, at i minirnuln. contain the t011owiiw: A. t'on~tructlon plans or rtm%Ninjs al)pro%ed by the Olrectur, 11' required; Ii. A tratiir control t!1_an if the work closcs more than j09, non-arterial street. or closes am, lanes on an arterial street; ca. ne period (}f time during which the ritiht of wav will I,(: obstructed; anti SUI~CUiI[r lltur ~ia;c t.-I~. Prool of the ~:olltr.lciur L, '11d 111 licensing, insurance and requirements. Depending upon the nature and extent of the constnlcliun activity or \-.'ork. the Director may require engineering, restoration and drainage plans prepare(1 h~ :1 ~~':lshin~_'t~~n list nsM cm,incer at applicant's `ole cost and expense At the t17JC[:tl~a c)t_ili~: I i; for licensed and bonded businesses and public utilities. Tate -Multiple-U... Permit fee will be L--stablished by resolution in the Muster Fee Sche-dul,- The itTultirle-I Ise Permit shall expire at the end ofd the City- Fiscal Ye:,- DRAFT '.~.*Itilil ~all9 ..I-Mil;~:`;l t'~ 'tI:_ Il~',•t~iti -t :::1{li':' _ttt ,i.t{,•I, .\11ti lll: -Administr lke rct!Wations~-halI he a violation cif this cock. Section 4. Amending Spokane Valley MunicirW Code section 10.05.110: SVMC 10.05.110 is amended as follows: Notice Required. The applicant shall give to the Director notice not Icss than forty-eight (48) hours before any work or activity is commenced and shall notify the Director upon completion of the same: 11'a traffic cowrol {an is. rLLl sired _!o he >Uhil fined uilh the a _plicatio!i, the a licant _ I, 11 i five the Director not less than 72 hours notice. In the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other requirements of this Ordinance. Section 5. Amending Spokane Valley Municipal Code section 10.05.140: SVMC 10.05.140 is amended as follows: Traffic Control. Pefffvi31ft:Ai!~_ 1,c'rson or cop, xii),. construction \vork or othrrwisu ere gcs in activity within the existing propgsed City rights-of-way, -trtet , exsements. or mi City-owncki infr3tructurc is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protects the public safety, in accordance with the MiJTCD. pcttttiatePic cm or com . an , shall provide for the safe operation of all equipment, vehicles and persons within the right of way. Section b. AmendingSpgkane Valley Municipal Code section 10.05.180: SVMC 10,05.180 is amended as follows: Insurance-Evidence. Permittee, prior to the commencement of construction hereunder, shall furnish the Director satisfactory evidence in writing that the petmittec has in force during the performance of the construction work or activity, commercial general liability insurance of not less than one million dollars ($1,000,000.00) per occurrence and ofietNyo million dollars 2,000,000.00) general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an additional named insured. The Director may reduce the insurance limits if good cause exists. Section 7. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the retraining provisions of this chapter. ordinance 06-027 Pagc 3 of 4 DRAFr Section 8. ElTective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed on this day of ?006. Mayor, Diana W'illike ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: UTdinnnce On-1127 rage 4 ut 4 DRAFT % CITY OF SPOKANE VALLEY SPOKANE COUNTY WASIIliNGTON ORDINANCE NO. 06-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHLITGTON, AI1'IENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 10.05.080, 10.05.090, 10.05.110, 10.05.140 AND 10.05.180 RELATING TO OBSTRUCTION PERMITS, PROWDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS; the City adopted Ordinance 03-063, providing requirements for obstruction permits for certain activity in the public rights-of-way. Ordinance 03-063 was later codified into Spokane Valley Municipal Code 10.05.070-10.05.210; and IvNIR REAS, the City desires, from time to time, to analyze the effectiveness and appropriateness of its code requirements to determine if they can be improved for the benefit of its citizens; and WHEREAS, amending Spokane Valley Municipal Code (SVMC) 10.05.080, 10.05.090, 10.05.110, 10.05.140 and 10.05.180 will further the public health, safety and welfare. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. It is the intent of the City Council of the City of Spokane Valley, to amend SVMC 10.05.080, 10.05.090, 10.05.110, 10.05.140 and 10.05.180 relating to obstruction permits to make compliance with requirements easier for frequent users of the City's rights-of-way without compromising the health and safety of its citizens or the condition of the City's infrastructure. Section 2. Amending Spokane_ Valley Municipal Code section 10.05.080: SVMC 10.05.080 is amended as follows: Obstruction Permit Required. Unless exempt from permit requirements, an obstruction permit is required of any person or company who performs construction work or otherwise engages in activity within existing or proposed City rights-of'-way, streets, easements, or on City owned infrastructure. Work Exempted From Permits: Permits shall not be required for the following: A. Work done by or for the City within its, right-of-way. B. Work that is two hours or less in duration, as long as that work does not require the closure of more than 50% of a street, does not close any lanes on an arterial, does not involve excavation within the right-of-way, and does not involve cutting or placement of pavement, sidewalks, curbs or gutters. Exemption from the pennit requirements of this code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws, ordinances or standards of this jurisdiction. In the case of an emergency, a private or public utility may commence work prior to obtaining a permit, provided the person or company obtains a construction permit within Ordinance 06-027 Amending Right-of-Way Obstructions Permits Rage 1 of 3 DRAFT forty-eight (48) hours alter work is commenced or on the first City business day following said elapsed forty-eight (48) hour period. Section 3. Amending Spokane Valley Municipal Code section 10.05.090: SVMC 10.05.090 is amended as follows: Obstruction Permit-Application. No obstruction permit shall be issued unless a written application is submitted and approved by the Director. The application shall, at a minimum, contain the following: A. Construction plans or drawings approved by the Director, if required; B. A traffic control plan if the work closes more than 50% of a non-arterial street, or closes any lanes on an arterial street; C. The period of time during which the right-of-way will be obstructed; and. Proof of the contractor's and all subcontractors' state licensing, insurance and requirements. Depending upon the nature and extent of the construction activity or work, the Director may require engineering, restoration and drainage plans prepared by a Washington licensed engineer at applicant's sole cost and expense. At the discretion of the Director, a Multiple-Use Permit may be available for licensed and bonded businesses and public utilities. The Multiple-Use Permit fee will be established by resolution in the Master Fee Schedule. The Multiple-Use Permit shall expire at the end of the City Fiscal Year. The administrative regulations governing the Multiple-Use _ Permit shall be written and approved by the Director. Failure to comply with the administrative regulations shall be a violation of this code. Section 4. Amending Spokane Valley Municipal Code section 10.05.110: SVMC 10.05.110 is amended as follows: Notice Reouired. The applicant shall give to the Director notice not less than forty-eight (48) hours before any work or activity is commenced and shall notify the Director upon completion of the same If a traffic control plan is required to be submitted with the application, the applicant shall give the Director not less than 72 hours notice. Ili the event of an unexpected repair or emergency, work may be commenced as required under the circumstances. Unexpected repairs and emergency work shall comply with all other- requirements of this Ordinance. Section 5. Amending Spokane Valley Municipal Code section 10.05.140: SVMC 10.05.140 is amended as follows: Traffic Control. Any person or company that performs construction work or otherwise engages in activity within the existing or proposed City rights-of-way, streets, easements, or on City-owned infrastructure is responsible for all traffic control and assumes the responsibility to maintain appropriate signage, signals and barricades that protects the public safety, in accordance with the MUTCD. The person or company shall provide for the safe operation of all equipment, vehicles and persons within the right of way. Ordinance 06-027 Amending Right-of-Way Obstructions Permits Page 2 of 3 DRAFT Section 6. Amending Spokane Valley Municipal Code section 10.05.180: SVMC 10.05.180 is amended as follows: Insurance-Evidence. Permittee, prior to the commencement of construction hereunder, shall furnish the Director satisfactory evidence in writing that the permittee has in force during the performance of the construction work or activity, commercial general liability insurance of not less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) general aggregate duly issued by an insurance company authorized to do business in this state. In addition, the policy shall name the City as an additional named insured. The Director may reduce the insurance limits if good cause exists. Section 7. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 8. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Passed on this day of 2006. Mayor, Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 06-027 Amending Right-of-Way Obstructions Permits Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11-14-06 City Manager Sign-off- Item: Check all that ap ly: ❑ consent ❑ old business x new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 06-022, Governance Manual Revisions PREVIOUS COUNCIL ACTION TAKEN: Council annually reviews the Governance Coordination Manual to determine if there is a need to make any changes. This item, in redline form and "clean" form, was presented to Council as an information item October 17, 2006; and as an administrative report October 24, 2006. Since the October 24, 2006 meeting, per Council direction, additional changes were made to section 1.0 1.2 as shown below 1.01.2 Council Meetings - Open to the Public. All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110 or RCW 42.30.140. Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. OPTIONS: Make further revisions and schedule finalization of the resolution for another upcoming council meeting; take no action; or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 06-022. BUDGET/FINANCIAL IMPACTS: STAFF/COUNCIL CONTACT: Councilmember DeVleming ATTACHMENTS Resolution 06-022 with Attachment A Governance Coordination Manual DRAFT CLfY OF SPOKANE VALLEY SPOKANE COUNTY, WASHLNGTON RESOLUTION NO. 06-022 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING THE COMPRE-H NSIVE COLLECTION OF i EETENG. RULES, COORDINATION PROCEDURES, AND ADM.T.NISTRATIVE PUBLIC HEARING PROCEDURES, OTHERWISE KNOWN AS THE "GOVERNANCE COORDINATION MANUAL." WHEREAS, the City Council acknowledges that all Council meetings must be open to the public; and WHEREAS, such meetings should be responsive to the public and carried out efficiently and uniformly to promote public participation; and WHEREAS, written rules of procedure best assure an atmosphere conducive to said efficiency and uniformity and help assure that no member of the Council or public will be embarrassed in the exercise of his or her right of. free expression; and WHEREAS, the rules and procedures adopted by the Council need to be amended from time to time. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. On May 13, 2003, Council adopted Resolution 03-028, establishing rules and procedures for - conducting public hearings and mecting.s, including the May 13, 2003 "City of Spokane Valley Governance Coordination Manual." Section 2. On May 25, 2004, Council adopted Resolution 04-013, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 13, 2003. Section 3. On September 13, 2005, Council adopted Resolution 05-021, repealing and replacing the previously adopted City of Spokane Valley Governance Coordination Manual of May 25, 2004. Section 4. The Council hereby repeals the "City of Spokane Valley Governance Coordination Manual" dated September 13, 2005, and replaces it with the "City of Spokane Valley Governance Coordination Manual" dated November 14, 2006, which is attached to this Resolution as Attachment A, and which is incorporated herein by reference. Section 5. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this 14"' day of November, 2006. City of Spokane Valley A`1 1 EST: Diana Wilhite, Mayor Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 06-022 Governance Manual Draft 1TV Of kane. Valley GovernancCoordination Manual Resolution 06-022 Attachmeht A A Comprehensive Collection of Meeting Rules, Coordination Procedures, Administrative Public Hearing Procedures, and Applicable References from the Revised Code of Washington Adopted November 14, 2006 Resolution 03-028 adopted 5-13-2003 Resolution 04-013 adopted 5-25-2004 Resolution 05-021 adopted 9-13-2005 Governance Manual 1 Draft TABLE OF CONTENTS ARTICLE I - COUNCIL MEETINGS ........................................................................................................4 1.01.1. Council Meetings - Time and Location ..................................................................................4 1.01.2 Council Meetings - Open to the Public 4 1.02 Election of Officers 4 1.03 Presiding Officer ....................................................................................................................4 1.04 Quorum 5 1.05 Attendance, Excused Absences 5 1.06 Special Council Meetings 5 1.07 Council Material 5 1.08 Council Packets ......................................................................................................................5 1.09 Council Meeting Agenda / Consent Agenda 5 1.10 Approaching the Dais 6 1.11 Study Sessions and Workshops 6 1.12 Council Travel Provisions .....................................................................................................7 1.13 "Telephone Tree 7 1.14 "Three Touch Principle" 7 1.15 City Manager 8 1.16 City Clerk - Minutes - Public Information Access 8 1.17 City Staff-Attendance at Meetings 8 ARTICLE 2 - DUTIES AND P.R...VTLEGES OF MEMBERS ...................................................................9 2.01 Respect and Decorum .............................................................................................................9 2.01A Forms of Address ...................................................................................................................9 2.02 Seating Arrangement 9 . 2.03 Dissents and Protests ..............................................................................................................9 2.04 filling Council Vacancies ......................................................................................................9 ARTICLE 3 - COUNCIL PROCEDURES 3.01 Rules of Order 9 3.02 Motions ..................................................................................................................................9 3.03 Order of Business .................................................................................................................10 3.04 Adjournment Due to Emergency or Disruption ...................................................................12 3.05 Permission Required to Address the Council .......................................................................12 3.06 Voting and Tele/video Conferencing 12 3.07 Enacted Ordinances, Resolutions and Motions 3.08 Ordinances ............................................................................................................................14 3.09 Resolutions ...........................................................................................................................14 3.10 Reconsideration ....................................................................................................................15 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances, Resolutions and Motions 15 3.12 Complaints and Suggestions to Council 3.13 Photographs, Motion Pictures, Video Tape Permission Required for Artificial Illumination ............................................................................................16 Governance Manual 2 Draft TABLE OF CONTENTS, Continued 'I ARTIC.LF 4 - COMiVlt.I. ITES, BOARDS & COMILISSIO\TS ......16 4.01 Committees 16 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory Bodies ........17 ARTICLE 5 - RELATIONS WITH CITY MANAGER & ADMINISTRATION .................................17 5.01 Role of the City Manager 17 5.02 Administrative Interference by Councilmembers ................................................................17 5.02.1 Inf'ornial Communications Encouraged 17 5.03 Administrative Complaints Made Directly to Individual Councilmembers 17 5.04 Administrative Complaints -"Best Practice" 18 ARTICLE 6 - PUBLIC HEARING PROCEDURES ................................................................................18 6.00 Types of Public Hearings 6.01 Legislative Public l4earing 18 6.02 Quasi-Judicial Public Hearin •••.•••.......19 1. Specific Statutory Provisions ..........................................................................................19 2. Actions/Procedures for Quasi-Judicial Public Hearing 19 3. Public I Iearing Format 20 4. Appearance of Fairness Doctrine 22 6.03 Site Specific Comprehensive Plan and Zoning Amendments (Rezones) 23 ARTICLE 7 - USE OF RULES 25 7.01 Purpose .................................................................................................................................25 7.02 Use .......................................................................................................................................25 7.03 Public Use or Re] iance Not Intended 25 Exhibits and attachments: Exhibit A-1 Telephone Tree Memo ..........................................................................................26 'Exhibit A-2 Tclephone Tree for Council / Manager Chart ....................................................27 Exhibit A-3 :Parliamentary Procedure at a Glance .................................................................28 Exhibit A-4 Legislative Process Flow Chart ............................................................................29 Fxhibit A-5 Committee Structure and Rules ...........................................................................30 Exhibit A-6(1) Task Force/Town Hall Meetings General Model ...............................................32 Exhibit A-6(2) Multi-Agency Coordination Task Force Model 33 Exhibit A-7 Citizen's Task Force General Model Chart ........................................................34 Exhibit A-8 Revised Code of Washington, 35A.13, Council/Nanager Plan .....................35 Exhibit A-9 General Policy Resolution of Core Beliefs ..........................................................42 Governance Manual 3 Draft ARTICLE I - COUNCIL MEETINGS 1.01.1 Council Meeting - Time and Location. All regular meetings of the City Council shall be held at the times and locations specified by applicable ordinances and resolutions of the Council. 1.01.2 'Council Meetings - Open to the Public. All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 4230.110 or RCW 42.30.140. Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 1.02 Election of Officers. Procedures for electing officers arc as follows: (a) Biennially, at the first meeting of the new Council, the members thereof shall choose a presiding officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) (b) The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nomination. Each member of the City Council shall be permitted to nominate one (1) person, and nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and norninations shall be made in the manner previously described for the election of the Mayor. (c) Except when there is only one (1) nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly tumounce the results of the election. Thereafter, the City Clerk shall record the individual votes by councilmembers in the minutes of the meeting. In the event the Council is unable to agree on a Mayor by majority vote of members present, the Office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person is not a member of the Council, the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. 1.03 Presiding Officer. The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by members of the Council shall act as Mayor during the continuance of the absences. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as ".Presiding Officer" from time-to-time in these Rules of Procedure. 1.04. Mayor/Council Correspondence. Councilmembers recognize that in the Council/Manager form of government, the Mayor is recognized by community members as a point-of-contact. To -Governance Manual 4 Draft facilitate full communications, stair will work with the Mayor to circulate to Councilmembers copies of emails and written correspondence directed to the Mayor regarding city business. This provision will not apply to invitations for mayoral comments at various functions nor requests for appointments nor other incidental contact between citizens and the Office of the Mayor. 1.05 Quorum. At al] meetings of the Council, a majority of the Council members who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time-to-time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under- the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170, 35A.12.120) 1.06 Attendance, Excused Absences. RCW 35A.12.060 provides that a Councilmember shall forfeit his/her office, by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Presiding Officer, City Clerk, or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call, the Presiding Officer shall inf.'orm the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable. Upon passage of such motion by a majority of members present, the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. 1.07. Special Council Meetings. Procedures for setting a special meeting are as follows: (a) A special meeting may be called by the Mayor or any three (3) members of the Council. (RCW 35A.13.170, 35A.12.110) (b) Notice of the special meeting shall be prepared in writing by the City Clerk. The notice shall contain the following information about the meeting: time, place, and business to be transacted. (c) The notice shall be delivered by regular or electronic mail or personally to the residence of each Councilmember, the City Manager, and the business office of each local newspaper, radio and television station which has on file a written request for notice of special meetings. The notice must be delivered at least twenty-four (24) hours prior to the meeting. (d) The notices provided in this section may be dispense=d within the circumstances provided by RCW 42.30.080, that is: (1) As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (2) As to any member who was actually present at the meeting at the time it convenes, and (3) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. 1.08 Council Material. Councilmembers and affected staff should read the agenda material and ask clarification questions of appropriate staff prior to the Council meeting, when possible. 1.09 Council Packets. Councilmembers shall personally pick up their agenda packets from the individual mailboxes, provided by the City Clerk, unless otherwise arranged by the member or further directed by Council. Governance Manual 5 Draft 1.10 Council iYfecting Agenda/Consent Agenda.: The City Clerk, under the direction of the City Manager in consultation with the Presiding Officer, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. After the proposed agenda has been reviewed and approved by the Mayor, the Presiding Officer shall have the option of adjusting the agenda as necessary. A copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, and the media who have filed a notification request, on or before close of business on a Friday preceding a Tuesday regular Council meeting, or at the close of business at least 24 hours preceding a special Council' meeting. Any revised agenda thereafter distributed shall contain the date, time and author of the revision. Distribution of the agenda to Councilmembers shall be as directed by Council and may be by mailboxes in City Hall, Fax, E-mail or personal deliverywhen requested. Requests for presentations to be scheduled on the formal agenda imply that the presentation is the official business of the City. Playing of video tapes shall be pre-screened by the Presiding Officer or designee who shall rule on the appropriateness of the video tape: The Presiding Officer, three (3) Councilmembers, a majority of the Councilmembers present, or the City Manager may introduce a new item to the agenda at a meeting. (a) The City Manager, in consultation with the Presiding Officer, shall place matters on the consent agenda which: (1) have been previously discussed by the Council; or (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine, technical or "housekeeping" in nature that passage without discussion is likely; or (4) otherwise deemed in the best interest of the City. (b) The proper Council motion on the consent agenda is as follows: "I move approval of the ' consent agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the consent agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the consent agenda. Therefore, prior to the vote on the motion to approve the consent agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the consent agenda. If any matter is withdrawn, the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1.11 Approaching the Dais. The intent of adding this item specifically to our Governance Manual is to make it clear to Staff-, Council and the general public once a Council meeting has been called to order, stepping behveen the podium and the dais will not be allowed. This includes, but is not limited to, video recording, still photography, tape recording, and written handouts. Approaching the dais will not be permitted after ten minutes prior to the start of the meeting. The Council reserves the right to invite anyone forward to be addressed at the dais. 1.12 Study Sessions and Workshops. Regular or Special Council meetings, or portions thereof, may be designated as Study Sessions by the Presiding Officer. Study Sessions need have no formal agenda, except when required for special meetings under RCW 42.30.080, and may be conducted informally so long as such informality is not in conflict with these rules. The purpose of Study Session discussions is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. The purpose of Workshops is to allow Councilmembers to do concentrated preliminary work with Governance Manual 6 Draft administration on single subjects but time consuming, complex matters (i.e., budget, complex, legislation or reports, etc.). Workshops and Study Sessions shall be in a less formal setting, council may be seated other than at the dais, but shall not discourage public observation. Public comment is not allowed at study sessions although the Council may request participation in the same manner as a regular Council meeting. The City Clerk, under the direction of the City Manager, shall arrange a Council study session or workshop workshect for the meeting. The worksheet shall, for each item, contain the discussion subject, the discussion leader, the activity and the discussion goal. After the proposed worksheet has been approved by the Presiding Officer, a copy shall be prepared for Councilmembers, the City Manager, and the press, on or before 4:30 p.m., one (1) day before the Council study session or workshop. During the Council study session or workshop, the (&cussion leader should. (a) Introduce the subject and give background information; (b) Identify the discussion goal; (c) Act as facilitator to keep the discussion focused toward the goal; and (d) Alert the Presiding Officer when it is appropriate to call for a consensus, motion or official direction of the Council. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each councilmembcr being recognized by the presiding officer. The Presiding Officer retains the option of assuming the function of the discussion lender at any time in order to maintain decorum and ensure all councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 1.13 Council Travel Pro-6sions. This section is intended to provide guidance on the utilization of the Council budget for city business related travel expenses. The total allocation of travel funding budgeted for the Legislative Branch for the fiscal year will be apportioned (117) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of city business. Periodic statements of expenditures to date will be provided each Councilmember by the Finance Department. Should a Councilmember exhaust their apportionment of funds, that person will be responsible for payment of any travel and related expenses or they may request a voluntary allocation frorn another Councitinember who has a balance in their travel account. During the last. six (6) months of a Councilmenmber's current term of office, incurring City business-related travel expenditures require the prior authorization of the Finance Committee, except when such gravel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. 1.14 Telephone Tree. Occasionally there are very important or emergency happenings in the community where members of the Council should receive briefings as quickly as possible. A City Council telephone tree system has been adopted by Council motion and is attached as Exhibit A-1 & A-2. 1.15 "'Three Touch Principle." Decision makers and citizens at all levels of the City should have adequate time to thoughtfully consider the issues prior to final decisions. It is the intent of the Council that the Council and Administration shall abide by the "Three touch principle" whenever possible. The following procedural guidelines are designed to avoid "surprises" to the City Council, Citizens and Administrative personnel: Governance Manual 7 Draft • Any request or proposal for adopting or changing public policy, Ordinances, Resolutions or City Council Directives which will require a decision of the City Council, or Administration, should "touch" the Decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof.. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that the hands of decision makers should not be tied unnecessarily. Unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion'' decision, the persons requesting the expedited decision should also explain the timing circumstances. This Principle excludes staff reports and other general communications not requiring a Council decision. 1.16 City Manager. The City Manager, as the chief executive officer and head of the administrative branch of city government, or his/her designee, shall attend all meetings of the City Council, unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. In the event that the City Manager is unable to attend a Council meeting, the City Manager shall appoint a key staff member to attend the meeting as the representative of City administration. (RCW 35A.13.080) 1.17 City Clerk - Minutes - Public Information Access. The City Clerk shall be ex-officio Clerk-of-the-Council and shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk, the City Clerk shall appoint a replacement to act as Clerk-of-the-Council. The Clerk-of-the-Council shall keep minutes which identify the general discussion of the issue and complete detail of the official action or consensus reached, if any. When practical, and with the exception of Executive Sessions, the City Clerk shall audio record the proceedings.of all City Council meetings, and shall keep and make available an index of the topics of each meeting which will facilitate location of the item in the appropriate meeting minutes. Access to the audio recordings shall be made reasonably available to any party who so requests, according to City public information procedures. 1.18 City staff - Attendance at Meetings. Attendance at meetings by City staff shall be at the pleasure of the City Manager. It is the intent of the Council that the Manager schedule adequate administrative support for the business at hand but also protect the productive capability of Department Heads. NVhen sound system or other monitoring capabilities exist, the Manager may allow personnel to utilize productive time in their offices or other areas while waiting for the specific item of business for which their appearance before the Council is necessary. End of Article I - Council Meetings Governance Manual 8 Draft ARTICLE 2 - DU77ES AND PRIVILEGES OF NIE1VIRERS 1 - 2.01 Respect and Decorum. It is the duty of the Mayor and Councilmembers to maintain dignity and respect for their offices, City staff and the public. While the Council is in session, the Councilmembers shall preserve order and decorum and a member shall neither, by conversation or otherwise, delay or interrupt the proceedings of the Council, nor disrupt or disparage any member while speaking. Councilmembers and the public shall obey the orders of the Chair. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to leave, or be removed from the meeting. Continued disruptions may result in a recess or adjournment as set forth in section 3.04 of this resolution. 2.01A Forms of Address. The Mayor. shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as `Deputy Mayor (surname)." Members of the Council shall be addressed as "Councilmember (surname)" unless waived by the Presiding Officer. 2.02 Seating Arrangement. Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 2.03 Dissents and Protests. Any Cou.ncilmeniber shall have the right to express dissent from or protest, orally or in writing, against any motion, ordinance or resolution of die Council and have the reason therefore entered or retained in the minutes. 2.04 Filling Council Vacancies. If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held, the Council will publish a notice of the vacancy, the procedure, and distribute the application form for applying. The Council will draw up an application which contains relevant information to answer set questions posed by the Council. .The application forms will be used in conjunction with an interview of each candidate to aid the Council's selection of the new COUncilrnember. End of Article 2 - Duties and.Privileges of Afembers ARTICLE 3 - COUNCIL MUTING PROCEDURES 3.01 Rules of Order. Rules of order not specified by statute, ordinance or resolution shall be governed by the chart of the most common "Rules of Order'' questions. Attached as Exhibit A-3. (a) Out of Order Requests. Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During Open Comments From the Public, such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 3.02 Motions and Discussion. (a) All items of business placed before the Council that require the expenditure of Council and/or administration resources shall be in the form of an affirmative motion. Governance Manual 9 Draft Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. (b) Agenda items scheduled as New or Old Business shall require a motion by a Councilmember before discussion unless the Council shall suspend the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. (c) When possible, Councilmembers should direct questions primarily to the City Manager or the designated presenter. 3.03 Order of Business. The business of all regular meetings of the Council shall be transacted as follows: provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct the business before the Council more expeditiously. (a) Call to order by the Presiding Officer. (b) Invocation (c) Pledge of Allegiance. (d) Roll Call (see Section 1.06 for procedure to excuse an absence). (e) Approval of Agenda (f) Introduction of Special Guests and Presentations. (g) Councihnember Reports of Council or government-related activities (e.g. synopsis of Committee or board meetings). These oral reports are intended to be brief, city work- related," heads-up in nature" or otherwise of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional Board or Commission. Extended reports shall be placed as agenda items for presentation or submitted in writing as an informational memo. (h) Presiding Officer's report. (i) Comments from the public on subjects not on the agenda for action - limit 3 minutes each, unless modified by the Presiding Officer. Note: the City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly, timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable Limits as are necessary to prevent disruption of other necessary business. 1. Subjects not on the current agenda. The Presiding Officer may invoke a sign- in procedure for speakers. Any member of the public may request time to address the Council after first stating their name, address, and the subject of their comments. The Presiding Officer may then allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on the agenda or a future Governance Manual 10 Draft agenda, or refer the matter to administration or a Council committee for ' investigation and report. 2. Subjects on the current agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council 'may hear such comments before or after initial Council discussion. As an option, the Presiding Officer may invoke a sign in procedure. The Mayor, in consultation with the City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name, address and subject. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. These rules are intended to promote an orderly system of holding a public meeting, to give persons opportunity to be heard, and to create an environment in which no individuals are embarrassed by exercising their right of free speech. 6. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of members present. 7. Public comments received during the public comment period shall not be allowed by the Council if they relate to any matter upon which a public hearing has been required. (j) Public Hearings (see Article 6 for procedural details). (k) Consent Agenda (see Section 1.10 for procedural details). (1) Old Business. (m) New Business. (n) Public Comments. [same as "i" above] (3-minute time limit each) (o) Administrative Reports. Reports or tracking of an administrative nature. (p) Information only items. (q) Executive Session (as required). Executive sessions may be held in accordance with the Open Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session, the Chair shall publicly announce the purpose for excluding the public from the meeting place and the time when the executive session shall be concluded. If the Council wishes to adjourn Governance Manual 11 Draft at the close of a meeting from executive session, that fact will be announced along with the estimated time for the executive session. The announced time limit for executive sessions may be extended by announcement of the Chair. Councilmembers must keep confidential all oral and written information provided during executive sessions to protect the best interests of the City. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers. (r) Adjournment. No Council meeting; 'should be permitted to continue beyond approximately 9:00 p.m., without approval of a majority of the Councilmembers who are present and eligible to vote. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular Council meeting as old business, unless the Council, by a majority vote of members present, determines otherwise. 3.04 Adjournment Due to Emergency or Disruption. In the event of emergency, such as a fire, threatened violence, or inability to regain good order, the Mayor shall forthwith declare the meeting adjourned or continued and the City Council shall immediately leave the meeting room. 3.05 Permission Required to Address the Council. Persons other than Councilmembers and administration shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or the chair of the appropriate Council committee. 3.06 Voting and Telelvideo Conferenciog. The votes during all meetings of the Council shall be transacted as .f*ollows: (a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice, except that at the request of any Council.member, a roll call vote shall be taken by the City Clerk. The order of the roll call vote-shall be determined by the City Clerk. (b) In case of a tic vote on any proposal, the motion shall be considered lost. (c) Every member who was in the Council chambers when the question was put, shall give his/her vote unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or ;'nay," their vote shall be counted as a "nay' vote unless the Councilmember is abstaining due to actual, or appearance of, a conflict of interest. (d) The passage of any ordinance, grant or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. (e) The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity or violence of nature or riot or insurrection or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one (1) of the whole membership of the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent Governance Manual 12 Draft assembly of such majority through death or injuries, the provisions of RCN 35A.13.035 may be invoked. (f) The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal'Code, or this Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. (g) 1. Tele/video conference participation by Councilmembers may be allowed provided technical availability and compatibility of electronic equipment shall enable the Councilmember to hear the proceedings, be heard by those present and participate in Council discussion. (a) Requests to use telelvideo conference participation for voting purposes shall be limited to extraordinary circumstances and must be ruled upon by the Council-of-the-Whole by specific motion before the Council main agenda begins. (b) In such case, adequate equipment must allow the telelvideo conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council motion. Adequate notice must be given to allow hookup in time for the main agenda. 2. Requests to monitor by tele/video conference in a nonvoting capacity shall be granted provided technical capability exists and adequate notice is given, and shall be at the Councilmembces own expense, unless waived in the Council motion. 3. -No teleh,ideo conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings. Video eonferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits are clearly visible and legible to all participants and provided that a video and audio record of the videoconference is made and provided to the clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing, unless waived by vote of the City Council. 4. Examples of extraordinary circumstances would be emergencies or illness, accident, unforeseen urgent business, etc. 3.07 )Enacted Ordinances, Resolutions and Motions. (a) An enacted ordinance is a legislative act prescribing general rules of organization or conduct relating; to the corporate affairs of the municipality. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. (b) An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Governance Manual 13 Draft (c) An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes, City Ordinances or Resolutions. 3.08 Ordinances. The procedures for ordinances are as follows: (a) A Councilmember may, in open session, request of the Presiding Officer that the Council study the wisdom of enacting an ordinance. The Presiding Officer then may assign the proposed ordinance to the administration, a committee or the Council-of=the-Whole for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens and Boards and Commissions may also propose consideration of ordinances and resolutions, see Exhibit A-4 attached. (b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution, he or she should so announce, make the initial motion and provide an introduction for the measure. (c) All ordinances shall normally have two (2) separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage; provided that should a Councilmember request that the entire ordinance or certain of its sections be read, such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. (d) The provision requiring two (2) separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. (e) If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost, unless a subsequent motion directs its revision and resubmission to second reading. (f) Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts, incidents, transactions or decisions occumng before such repeal. 3.09 Resolutions. A resolution may be put to its final passage on the same day on which it was introduced. However, Council may invoke the two (2) reading procedures described in Section 3.08 (c) above to facilitate public understanding and/or continent on the resolution. The title of each resolution shall, unless waived by the City Council, be read prior to its passage. A Councilmember may request that the entire resolution or certain of its sections be read, and such request shall be granted. Printed copies shall be made available upon request to any person attending a Council meeting. Governance Manual 14 Draft 3.1.0 Reconsideration. Any action of the Council, including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: • any action previously reconsidered, • motions to adjourn or motions to suspend the rules, • an affirmative vote to lay an item on, or take an item from, the table,- or a vote electing to office one who is present and doers not decline. Such motion for reconsideration can only be made by a member of the prevailing side on the original action. A motion to reconsider must be made no later than the next succeeding regular Council meeting. A motion to reconsider is debatable only if"the action being reconsidered is debatable.. Upon passage of a motion to reconsider, the subject matter is returned to the table anew at the next regular Council meeting for any action the Council deems advisable. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi judicial matter may not be discussed or acted upon unless and until the parties or their-attorneys and the persons testifying have been given at least five (5) days advance notice of such discussion and/or action. 3.11 Legislative Process, Preparation, Introduction and Flow of Ordinances and Resolutions and Motions. Ordinances and Resolutions will customarily be prepared, introduced and proceed in the manner described on the flow chart attached hereto as Exhibit A-4, and by this reference incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to include the most recent revision. (a) PROPOSED DRAFTS shall contain the date and name of the group or individual originating or sponsoring the proposal prior to the first presentation to the City Council. Proposed drafts may be initiated by individual Councilmembers, the City Manager, Citizens or by Hoards, Commissions or other task groups. (b) COUNCIL DRAFTS shall be documents or proposals which have been presented in open session and voted by the City Council for further consideration. 3.12 Complaints and Suggestions to Council. When citizen complaints or suggcstions are brought before the City Council on matters not on a Council agenda, the Presiding Officer shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: (a) If legislative, and a complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if the Council finds such complaint suggest:s a change to an ordinance or resolution of the City, the Presiding Officer may refer the matter to a committee, administration, or the Council-of-the-Whole for study and recommendation. (b) If administrative, and a complaint regards administrative staff perfornlance, execution of legislative policy or administrative policy within the authority of the City Manager, the Presiding Officer should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. Governance Manual 15 Draft 3.13 Photographs, motion pictures or video tape requiring artificial illumination - Prior Permission Required. NO overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. End of Arlicle 3 - Council Procedures ARTICLE 4 - COIN MITITEES, BOARDS & COMATiSSIONS 4.01 Committees. (a) All standing Committees, Boards, and Commissions which are required by state law shall be appointed by the Mayor with confirmation by the Council. (b) All other Council Committees, Citizen Task Force groups and rules or operating procedures thereof shall be established by Council Directive with special attention to RCW 35A.13.120, and after consultation with the City Manager. Such committees shall be commissioned for a time certain, not to exceed two (2) years or the term of the appointing; Mayor, whichever is less and provided with a clear task description and "sunset" provision. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating; said committee or group. Such Committees shall be subject to review, whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any Committee, Board or Commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. A copy of the motion(s), or as hereafter amended, establishing committees, liaisons and citizen's task force groups shall be attached hereto, as Exhibit A-5. (See the attached related charts Exhibits A-6 (1) (2) & A-7.) (c) Other special ad hoc committees and Council liaisons for a particular purpose may be appointed by the Mayor, without confirmation of Council for a time certain, not to exceed the term of the appointing Mayor, along with a clear task description and "sunset" provision. (d) Committees, liaisons and citizen taskforce groups shall be given an opportunity to make a recommendation, when appropriate, on proposed ordinances, resolutions and motions within their area of responsibility or interest, before action is taken by the Council. The appropriate spokesperson shall present the recommendation(s) during discussion of that business item on a Council agenda. (e) Council member(s) may be designated by the City Council to take the lead on particular . significant issues and to provide an appropriate feedback of infoi-mation to Council, in order 'to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. (f) No Advisory Board or Commission shall take any final action outside of an open public meeting. i Governance Manual 16 Draft 4.02 Council Relations with Boards, Commissions and Council Citizen Advisory. All statutory boards and commissions and Council citizen advisory bodies of the City of Spokane - 'I Valley shall provide the Council with copies of minutes of all meetings. Communications from such boards, commissions and bodies to the City Council shall be acknowledged by the Council. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." Should any member of the Council determine that any such communication be officially answered by the Council, the Presiding Officer shall place the matter on the agenda under New Business for the current meeting or any subsequent meeting. End of Article 4 - Committees, Boards & Commissions ARTICLE 5 - RELATIONS NV1T11 CITY MANAGER & ADMINISTRATION 5.01 Role of the City Manager. The City Manager is the chief administrative officer of the City of Spokane Valley. The Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law, RCW 35A.13.080. Such duties may be expanded by Ordinance or. Resolution. Balanced with City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 5.02 Administrative Interference by Councilmembers. Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from, any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) 5.02.1 Informal Communications Encouraged. The above requirement of _RCW is not to be construed t►s to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. 5.03 Administrative Complaints Made Directly to Individual Councilmembers. When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge Governance Manual 17 Draft information he/she deems confidential, in conformity with applicable statutes, ordinances, regulations, policies or practices. 5.04 Administrative Complaints - "Best Practice." Although citizens' direct access to elected officials is to be encouraged to help develop public policy, City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred. In that case refer to Section 5.03 above. End of Article 5 - Relations with City Afanager & Administration ARTICLE 6 - PUBLIC HEARING PROCEDURES 6.00 There are two types of public hearings, legislative and quasi-judicial: (a) Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses such matters as comprehensive land use plans, or the annual or biennial budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific, private parties in a contested setting, but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. (b) Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to klold Them by Bob Mcinig, ?AMC Legal Consultant August 1998) 6.01 Legislative Public Hearings: (a) State.statutes do not specify how public hearings should be conducted. 'Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing should be stated by the presiding official at the beginning of the hearing. (b) Actions for a Public Hearing. Prior to the start of the public hearing, the Presiding Officer announces the following Rules of Order: 1. All public comments shall be made from the speaker's rostrum, and any Individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. Governance Manual 18 Draft 2. No comments shall be made from any other location, and anyone making "out of L order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes. 4 "There will be no demonstrations, applause or other audience participation, before, during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. c. The Presiding officer declares the public hearing on (topic) open and asks staff to make their presentation. d. After staff presentations, the Presiding Officer calls for public testimony. e. The presiding officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions, the appropriate individual will be recalled to the podium. £ The presiding officer declares the public hearing closed. 6.02 (quasi-Judicial Public Hearings: 1. Specific Statutory Provisions. a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, RCW 42.36.040, except that sitting Couneil.members shall not express their opinions on any such matter which is or may come before the Council. b. A candidate for the City Council who complies with all provisions of applicable public disclosure and ethics laws shall not be limited under the Appearance of Fairness Doctrine from accepting campaign contributions to finance the campaign, including outstanding debts. (RCW 42.36.050) e. Ex Parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex porte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Councilmember: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) d. Public Disclosure File. The City Clerk shall maintain a public disclosure file, which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public :Disclosure Commission. Governance Manual 19 Draft e. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and City Council shall be provided with a document containing the following information: (1) the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue, the applicant should do so at least two (2) weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 2. Actions/Procedures for a Quasi-Judicial Public Hearin. a. Prior to the start of the public hearing, the Presiding Officer may require that all persons wishing to be heard shall sign in with the City Clerk, giving their names and addresses, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. Persons who have signed in and wish to be heard shall be given an opportunity to be heard. However, the Presiding Officer shall be authorized to establish speaker time limits and otherwise control presentations to avoid repetition. The Presiding Officer, subject to concurrence of the majority of the Council, may establish time limits and otherwise control presentations. The Presiding Officer may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) b. The Presiding Officer introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. If there is any appeal, the court must make its decision on the basis of what was said at the public hearing. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. There will be no demonstrations, applause or other audience participation before, during or at the conclusion of anyone's presentation. The Council is not allowed to consider such expressions and it takes time away from the speakers. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their ri ght of free speech. 3. Public Hearing Format: 1. The Presiding Officer will customarily call for proponents in quasi judicial proceedings and for speakers in non-quasi-judicial proceedings. When considering a site-specific Comprehensive Plan and zoning amendment or zoning reclassification, the Presiding; Officer shall announce: "Site plans, artistic renditions, and the like in support of a zoning amendment should be avoided except as they help explain the terms of any proposed or anticipated conditions for approval. Any graphic representations should be used for illustrative purposes only, and the administration or City Governance Manual 20 Draft Council should avoid indicating approval or disapproval of such plans. Such evidence shall remain a part of the record." 2. The proponents or speakers now speak. (Mote: if the City of Spokane Valley is the proponent, a member or members of the administration shall be designated to give proponent and rebuttal testimony.) 3. The Presiding Officer calls for additional proponents or speakers. 4. The Presiding Officer calls for opponents by announcing the following: "At this tune the opponents and persons who do not claim to be either a proponent or an opponent will have•an opportunity to speak. Should any opponent have questions to ask of the proponents; ask the questions during your presentation. The proponents shall note the question asked, and answer such questions when the proponent speaks in rebuttal. The proponent shall be required to answer any reasonable question, provided that the Presiding Officer reserves the right to rule any question out of order." 5. Opponents speak. 6. The Presiding Officer calls for additional opponents up to three (3) times. 7. The Presiding Officer calls for proponents to speak in rebuttal. A proponent speaking in rebuttal shall not introduce new materials. If the proponent does, or is allowed to do so, the opponents shall also be allowed to rebut the new elements. 8. The Presiding Officer announces the following: "At this time 1 will inquire of the administration whether the administration wishes to introduce any testimony as to subjects raised by the proponents or opponents, or alter in any regard its initial recommendations." 9. The Presiding Officer inquires as to whether Councilmembers have any questions to ask the proponents, opponents, speakers, or administration. If any Councilmember has questions, the appropriate individual will be recalled to the podium. The Presiding Officer may also permit questions by Councitmembers:of any witness at the conclusion of their testimony. Questions of witnesses submitted by proponents or opponents may be asked by the Presiding Officer of such witnesses if deemed relevant. 10. The Presiding Officer closes the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing unless the Presiding Officer declares the record open until a date certain for the purpose of receiving written testimony, such as a legal brief, on a subject(s) specified by the Presiding Officer. 11. The Presiding Officer inquires if there is a motion by any Councilmember. If a motion is made, it shall be in the form of an affirmative motion. hollowing the motion and its second, discussion occurs among Councilmembers. The Presiding Officer may call on individual Councilmembers in the discussion. The councilmember who makes the motion can't speak against his or her own motion; although he or she can vote against it. The person who seconds the motion, however, can speak against the motion because a second means "Let's discuss it," not "I agree." 12. The Presiding Officer inquires if there is any further discussion by the Councilmembers. Governance Manual 21 Drat 13. The Presiding Officer inquires if there are any final comments or recommendations from administration. 14. The Presiding Officer inquires of the Councilmembers as to whether they are ready for the question. 15. The City Clerk shall conduct a roll call vote. 16. The Presiding Officer may direct the administration to prepare findings. The findings may be approved the same night, if ready, or may be placed on the agenda of the next regular meeting. 4. Appearance of Fairness Doctrine. a. In short, when the law which calls for public hearings gives the public not only the right to attend, but the right to be heard as well, the hearings must not only be fair but must appear to be so. It is a situation , 75 Wn.2d 715 (169). where appearances are quite as important as substance." Smith vs. Skagit ounty "The test of whether the appearance of fairness doctrine has been violated is as follows: Would a disinterested person, having been apprised of the totality of a board- member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights, duties, or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and' integrated into, a site-specific development proposal which is quasi-judicial in nature. c. Obligations of Councilmembers - Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize tliat the Appearance of Fairness Doctrine does not require establislunent of a conflict of interest, but whether there is an appearance of conflict of interest to the average person. This may involve the Councilmember or a Counc►lmember's business associate, or a member of the Councilmember's immediate family. It could involve ex party (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote, the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the Doctrine may not be relied upon to invalidate the decision. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to Governance Manual 22 Draft the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue f prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior ' to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. Further, if two (2) or more Councilmembers believe that an Appearance of Fairness violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council' conducts a hearing to which the Appearance of Fairness Doctrine applies, the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative stair, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. 603. Site-Specific Comprehensive Plan and Zoning Amendments ("Rezones"). The following are general concepts and not intended to add to or change applicable statutes or ordinances or to be considered a land use control. Under Washington's Growth Management Act, Chapter 36.70A RCW, as implemented by Spokane Valley, site-specific rezone requests (initiated by property owners or developers) are processed not more frequently than once each year, concurrently with the Comprehensive Plan amendment process. This assures that all rezones are consistent with the overarching purposes and intent of the Growth Management Act and the City's Comprehensive Plan. All zoning must be consistent with, and implement the Comprehensive Plan. To that end, at the outset of each public hearing or meeting to consider a zoning amendment or zoning . reclassification, the Presiding Officer or City Attorney will announce the legal standards for Comprehensive Plan and zoning amendments and ask the parties to limit their presentations to information within the scope of the standards. The form of the announcement is as follows: The following aregeneral concepts regarding Comprehensive Plan and zoning amendments under the law of the State of Washington: 1. The currt:nt zoning is presumed valid. Governance Manual 23 Draft 2. The burden of proof is on the applicant for the site-specific Comprehensive flan and zoning amendment to establish by proof in sufficient measure that the following requirements have been satisfied. In making its decision, the City Council will consider the recommendations made by i the Planning Commission and the record developed before the Planning Commission. Requiretilents (a), (b), and (c) stated below shall be "considered" and weighed by the Council. The Council must affirmatively find that the applicant has satisfied requirements (d) through (k): (a) Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Spokane Valley Comprehensive Plan; (b) Whether the assumptions upon which the Spokane Valley Comprehensive Plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or any annual amendments of the Spokane Valley Comprehensive Plan; (c) Whether the proposed amendment reflects. current widely held community values; (d) The proposed amendment meets concurrency requirements for transportation, sewer, and water, and does not adversely affect adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services; (e) The proposed amendment is consistent with the goals, policies and objectives of the various elements of the Spokane Valley Comprehensive Plan; (f) The proposed amendment will not result in probable significant adverse impacts to the city's transportation network, capital facilities, utilities, parks, and environmental features that cannot be mitigated, and will not place uncompensated burdens upon existing or planned service capabilities; (g) in the case of an amendment to the land use map, the subject parcels are physically suitable for the requested land use designation and the anticipated land use development, including but not limited to access, provision of utilities and compatibility with existing and planned surrounding land uses; (h) The proposed amendment will not create a pressure to change the land use designation of other properties, unless the change of land use designation for other properties is in the long-term interests of the community in general; (i) The proposed action does not materially affect the land use and growth projections which are the basis of the Comprehensive flan; (j) The proposed action does not materially affect the adequacy or availability of urban facilities and services to the immediate area and the overall area of the city; and (k) The proposed amendment is consistent with the GM.A, the adopted county-wide planning policy of Spokane County, any other applicable interjurisdictional policies or agreements, and any other state or local laws. 3. The facts in support of the application may come from any source; either the applicant, the administration, or the public. The important consideration is that the decision must be made on Governance Manual 24 Draft the basis of information provided to the Planning commission and to the City Council at this public hearing or any continued public hearing. All evidence, such as photographs, letters, charts, maps, slides, computer presentations or other evidence must remain in the record in a form which can be reviewed on any appeal. For example, a print out of a computer slide show may be submitted. Any exhibit not remaining in the record will not be considered. End of Article 6 - Public Hearing Procedures ARTICLE 7 -USE OF ]RULES 7.01 Purpose. These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. 7.02 Use. No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office, misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to followany of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. _ 7.03 Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appew-anec of faimess rules,"' public hearing rules or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. Did of Article 7 - Use of Rule Govemance Manual 25 EXHIBIT A-1 Approved by Council May 13, 2003 MEMORA"UM APRIL , 200_ DATE: TO: CrrY CoucNcm FROM: CM MANAGER SUBJECT: EMmRGENCY-TELEPHor4E T IEF, FOR SPOKANE V ALLEY GOVERNMENT Sometimes an important happening occurs in the City where Councilniembers should be briefed'. For example: Majo'News! Accident, Disaster, Major Utility Failure! Storm Damage Major Police Problem Civil Emergency 4`n' A "telephone tree" ' informs : the entire Council of important happenings in the shortest;.possible time. An informed Councilmember'can avoid 'embarrassment when asked by a citizen about a-major event even when it does not involve the Couin'd in any direct way. The telephone tree for tiniely briefings of major emergency news is shown on the attached sheet. The Mayor should assign the tree according to availability of the members. Governance Coordination Manual 26 EXI- f A-2 Approved by Council I+Iay 13, 2003 COUNCIL MEMBER NAM EE PHONE (WORK) Telephone Tree for 9 t COUNCIL MEMBER Council / Manager Government NAME PHONE (HOME) CELLULAR First Call by Mayor PHONE (WORK) Or City Manager PHONE (HOME) COUNCIL MEMBER MAYOR OR CITY MANAGER CELLULAR NAME NAME PHONE (WORK) PHONE (WORK) PHONE (HOME) PHONE (HOME) CELLULAR CELLULAR NAME COUNCIL MEMBER NAME ISHONE (WORK) PHONE (WORK) PHONE (HOME) CELLULAR 2nd COUNCIL MEMBER PHONE (HOME) NAME CELLULAR • PHONE (WORK) COUNCIL MEMBER PHONE (HOME) NAME CELLULAR 'HONE (WORK) RHONE (HOME) CELLULAR N • i E) S TT A-3 Approved by Council May 13, 2003 PARLIM IENTARY PROCEDURE AT A GLANCE May you Must be Is motion Vote To do this: You say this: interrupt seconded debatable required speaker? ? ? Introduce business "I move that NO YES YES MAJORITY Amend a motion "I move to amend this motion" NO YES YES MAJORITY Request information "Point of information" YES NO NO NO VOTE Suspend further discussion "I move we table it" NO YES NO MAJORITY End debate and bring matter to "I move the previous question an immediate vote NO YES NO MAJORITY Postpone discussion "I move we postpone this matter until..." NO YES YES MAJORITY Have something further studied "I move we refer..." by a committee NO YES YES MAJORITY Ask for a vote count to verify a "I call for a division of the - voice vote house" NO NO NO NO VOTE Object to considering some "I object to consideration of matter this" YES NO NO MAJORITY Take up a matter previously "I move to take from the table tabled NO YES NO MAJORITY Reconsider something already "I move we reconsider action on dis oscd.of.- . _ _ _ _ YES YES YES MAJORITY Consider something in "I move we suspend the rules unscheduled order and..." NO YES NO MAJORITY Vote on a ruling by the chair "I appeal the chair's decision" YES YES YES MAJORITY Object to procedure or personal "Point of order" affront-chair decides YES NO 1\TO NO VOTE Complain about noise, room "Point of privilege" temperature, etc. YES NO NO NO VOTE Recess the meeting "I move that we recess until NO YES NO MAJORITY Adjourn the meeting "I move that we adjourn" NO YE-S NO MAJOR.IT': Governance Coordination Manual 28 EXHIBIT A-4 Approved May 13, 2003 LEGISLATIVE PROCESS FLOW CH'AKII City Council Citizens City Manager (proposed draft) (proposed draft) Administration study draft !Council Study Session (proposed draft) (Council draft or summary) Initiative filed IF REMC ED (only -for matters subject to initiative in accordance with Washington law) City Council 1st reading Public meeting (Council draft) Election held City Council 2nd reading ordinances .(Council ordinance) If approved by voters, ordinance prepared AD. OPTED.POLICY / LAW OF THE CffY - Ila 1 EXHMIT A-5 Approved by Council May 13, 2003 1. Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council: Finance 3 members Planning Commission 7 members Lodging Tax Advisory Committee 5 members. Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the bills/payroll and warrant procedures required by state law, unless specifically charged by the City Council. Committee meetings (when held) should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council Committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council-of=the-Whole, unless referred to a committee for pre-study. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting"the committee at the conclusion of the assigned task. 2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain not to exceed the tern of the appointing Mayor. 3. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or'activity takes place or • • - communication With appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at , times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (ie: Planning Commission quasi-judicial). Liaisons functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to, small Task Force Groups for the purpose of examining issues and making recommendions important to the City Council but not requiring the more formalised process stated in (5) below. In all cases, the instrument appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task assignment and a method of "sunsetting" the group upon completion of the task. 5. Task Force/Public Forum Steering Group for Public Issues of high interestlhigh impact. Upon motion of the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering group to strategize a particular community subject or issue. The steering group shall consist of two Councilmembers and one representative of City Administration. The Councilmembers shall be appointed by the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall identify the task(s) and a method of determining how the group shall "sunset" when the task is completed. The steering group shall serve as a collection point for information and activity pertaining to the task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing information together on the task or issue. The steering group liaison informs Council of the ggoup's activity at Council meetings (when appropriate). A task force group may then be created by Council motion (directive) to function according to the model attached as Exhibit A6(1). 6. Task Force/Public Forum Procedures. When major public policy development warrants, and after adequate preparation of issues and alternatives, the steering group may conduct larger citizen forums to help develop a public consensus on the issues. The product of such citizen forums, when held, shall be presented to the Governance Coordination Manual 30 i I 1 City Council prior to the custoraary City Council deliberations (i.e., agenda actions, public hearin , etc.} which 7 could norm; sly result in final action. The procedures are further illustrated in Exhibit A5(1) attached. The City Manager may also appoint such ad hoc or special projeots administrative advisory task groups as he or she may deem necessary to assist City administrative activity. Such appoin"emts shall identify the wk(s) and a method of determining how the group sballi "sunset" when the task is completed- 7. Citizens Task Foree Steering procedures.' When the natuxe ofamajor issue indicates a need for increased citizen involvement or expertise at the steering level of a task force, the Council may, by legislative directive, commission a Citfz+ens Task Force steering Group consisting of one (1) cvunciImLmbcr, one (1) qualifi ad citizen, and the City Manager- The Citizens Task .Force shall function in aroanuer similar to the Task Force Procedures contained in Sections 4 and 5 above. The procedures are further illustrated in Exhibit A7, attaehed- Multi-Agency Co a rd inating Task Force Steering 1Prbeedures. When a major publiUprivate effort involves key agencies outside of City Goversunent but vital to community coordination, the Council shay create by legislative directive, an appropriately named { alti-Agency} Coordinating Task Force steerin4 Group- Merobcrship shall consist afo1i e (l) councilmember, the City Manager, one (1) representative from each City Board or Commission [coy to the issue or project and one (1) uaeomber from each private, non-profit agency with key interest or resources vital to thu issue or project. Eath agency shall appoint pne (l) rnernber to serve on the steering Group and one (1) member to serve as altcrnate- Except for the first orgar6 7ational start-rip ineeft altercates shall not attend Steering group n]ettings- Steering Group members shall function in a manner similar to the task force procedures described in Sections 4, 5, and 6 above. The procedures arc further illustrated in Fxhibit A6(2) attached, 9. General Town lfalLWeighborbao0 Alee-ti ngs. The public should be encouraged to attend reptIar and special City ~ourtciI rneghl to particEpatu in their governme The City Council Rules of Procedure are desigacd to facilitate an epcn atmosphere for citi7xn participation. However, any tiro (2), but not snare than three (3), members of the City Council may desire to convene a citizens' town halVneigbborhood ineeting or series of meetings for the purpose of providing a general forum,. on c ity operations. Such to v" hal l m coil ags shall, when convened, provide information pertaining to any krLG n issues as weft as opportunity for citizens w express their views on any subject, The Councilnienibers may request that the City Manager or h Wber dcsi gnee attend these meetings to ansiver questions on administrative matters. Although not official council meetings, members of the City Council shall spot issues to the City Council- CouncUmembers should avoid discussion or receiving testimony which pertains or may pertain to potential lawsuits, land use issues, ov other quasi judicial proceedings which blight later came be Fare the Council. I I I ~1 Governance Coordination MannaI EXUBIT A-6(1) TASK FORCE/TOWN HALL MEETINGS GENERAL MODEL city council Final Public Input Meetings Forum Formal agenda Liaison Role discussion, public Councilmember information & two Public Process comment, public hearings, ctc, way communication Citizen Input 'l'ath Task Force Report to Council by Steering steering group 2 Council (appointed by Mayor) Public Process Role City Manager Open Subject Town Hall Meetings Task Force Public ' Forums" (Technical Support) Citizen Issue Appointed by CM Information coordinated *Public Forums Consensus by stecring-group - *Town'Hall 140rums reports to Council by Heaarinriags, eta. Meetings Presentation, Representatiott/Coordination liaison or directly to Brou p discussions, Roles by Councilmember, _ public task force forums identity issue, Staff develop *Can be an appointed core group with consensus general public forum or closed group, depending on issues MOTION "To Approve the Task Forectrown Hall General Model Herein Contained and Incorporated as Exhibit A6(1) of the City of Regional Groups Technical Groups & Local Interest Groups Spokane Valley Council Rules of Procedure." Organizations & Organizations w N i l~ rA I ` El 3MBIT A-6(2) MULTI-AGJCNCY COORDINATING TASK FORCE LYIOD EaL City Council Final Pohlic Input Utisnn Rola Mee#s'iugs Furur« Formal ggendR C❑uncilm,m*u/CiEy Manager& two discussio,s, pubtie Idoi7 Oisy Liaison RvEc way aommunicudaii I'ubl]c roress comulcu~ public AgoncyfGroup Tw.-W., IIC~Ciu ,etC. -Nt on City Age❑cylGroup . . Tusk Force Input Task Force City Board or a'atli Steering Group Comalissiork RoporC to Council by stccrin~ vrouu i-Coun~iimcmber .1-City aVlaaager comp-Flan 1-City Board or review Comm.issioa Town Flail Meeting: I-Non City AgencyfCroup I-boa City Agvaq Group Task Force Public (Each agency apoipL~ its Forums Cililcculssue - Infarnlaticn coordinated owl MP) by ziWoring group - *OpertlIouscForums Consensus 11. ' - I7orrrnL9 reports to Agency by *Towrr MLEi Meetings po;imLatiaq RepmsentatiDnlCoordinetion liaison w directly to *Club I'ro ems Inlu Vaup Roles by Staring Group public task forco fi mms disoussiom, j&ri ify iSSUM, 3wfrmbeYS deveEap 11Can be an appointed core group with WrLWrsus general publk Forum ar closed goup, depending on issues Y MO'I.JON "1'o Approve the Multi-Agency Ccordiuating Taslc Force General Mudcl Plan Community * Gather Into rmation Chart Y1crein Contained and Incorporated as Information and *Teckaicxll Croups BSc T flLx! 1=uterest Groups l Xhibit AG(2) of HLO City Of p011aue Malley Inrulmuent Strategies organizations & Organizations Goycrnoluce Coordination Rules of Se rviee Clubs, etc. yroeedum" U, WHIT A-7 Motion "To Appravo the Citizens' Task FoXcc Ge neral Model Chart Xereiu Coutainud and Incorporated us Exhibit A7 of the City of Spokane VLXey Council Rules ofPrcccdure." City Council CITIZENS TASK FORCE U@15on MOLD Final Public Input Forum GENERAL MODEL coundIrpoonberordilzon, Meetirtg~ Formal agonda d1scussion, publio-- Uorma&m & WD way comment, public hearings, etc oarnmunlraUon Public ProGeSS Task Force jeering I Council - (appointed by Mayor) _ Citizen Input Path Report to Caundl by steering group 1 Citizen - ' Citizen Input (appolrrt,ed by Mayor. Qualified approved by Council) non-city---- official appolnteo Public Process - - ' " - " - - - - - Comm unityr Co nsonsus Role Public Forums ,I Staff Citizen lssuo Consonsuz Forums (appointed by City. Task Force Presentation, group discussi❑ns, Manager) 1 Town Hall Meetings identity Issues, dovel❑p consensus Information coordinatod by Others (Technical SUpport) steering group - reports to , Council by Iiais0n ❑r directly to public task force forums l opresentation ! Coordination Roles by Councilmemb,r, Citizen or Staff Local lAterest Ftogi❑nal (,sups jTechniul Groups Orgarilzations Chapter 35A.13 RGW oundl-lL-nanager plan of government Chanter Listing RCW Sections 35A.13.010 City officers - Size Of council, 35A-13.020 Election of councilmen Eligibility - Terms - Vacancies Forfelture of office - Council chairman- , 25A-13.030 Mayor -R Election - Chairman to be mayor- Duties- 35A,13-033 Election on proposition to designate person elected to position ona as chairman - Subsequent holders of position one to ba chairman. 35A-13-035035 Mayor pro tem pore or deputy mayor. 35K13.W Compensaticn of councilmen - E=xpenses. 35A-13.050 City manager-- Qualifications. 35A-13.060 City manager may serve hero or more cities. 35AJ 3rO7_0 City manager - Bond and oath, 35A-11080 City manager - Powers and duties- 35A.13,000 Creation of departrnents, offices, and emplbyrrisnt - Compensation, 35A-13-100 City manager - Department heads - Authority- 35A.13.11 U City manager Appointment of subordinates -Qualifications - Terms, 35A.13-120 City manager - Interference by rounral mejnbefs. 35A-13-130 City manager - Removal - Resolution and notice. 35A-13-140 City manager - Removal - Reply and hearing- 35A,13.150 City manager - Substitute- 35A-13-1W Oath and band of officers. 35A,13,170 Council meetings-- Quorum - Rules - Voting. 35A,13A &G Adoption of codas by reference- 35A.13-190 Ordinances - Style Requisites - Veto, 35A,13, 0DAuthentication, recording and publication ofordinanues. = 35A.13-210Audit andallowanceof demands againPAcity . ` 35A,13.221) Optional division of city into wards. 35A,13.230 Powers of council- 35A.1 City officers Size of council. The counciimembers shall be the only elective officers of a code city electing to adopt the council-manager plan of governient authorized by this chapter, except where' statutes provide for an elective municipal judge. The council shall appoint an officer whose title shall be "city manager" who shall be the chief executive officer and tread of the administratEve branch of the city go%?emment. The city manager shall be responsible to the council for the proper administration of all affairs of thQ coda city. Tlie council of a noncharter code city having less than twr my-five hundred inhabitants shall consist of five members; when there are twenty-five hundred or morn inhabifanis the council shall consist of seven members, PROVIDED, That if the popul'oWn of a city after having became a code city decreases from twenty-five hundred or mare to less than Menty-five hundred, it shall continue fo have a seven member council- If, after a city has become a ccuncil-m;~nager code city its population increases to twenty-five hundred or more inhabitants, the number of oauncilmanic offices in such city may increase frorn five to seven members upon the aftirmative vote of a majority of the existing coundI to increase the number of councilmanic otfces in the city- When the population of a council-manager coda city having five counoilmanic cf5ces increases to five thousand or more inhabitants, the number of councilmanic offices in the city shall increase from five to seven members. In the event of an increase in the number of oaundlmanic offices, the city council shall, by Majodty vote, porsuant Jo RCW 35A,13,020, appoint hvo persons to serve in these offices until the next municipal general election, at which election one person shall be elected for a two-year term and one parson shall be eled.ed for a four-year ferm- The number of inhabitants shall be determined by the most recent official state or- federal census . or determination by.the state office of financial management. A charter adapted under the provisions of this title, incorporating the oound1--manager plan of governs-neat set forth in Us chapter rimy provide for an unaven number of couricilmembers not exceeding eleven- A noncharter code city of lass than f[ve thousand inhabitanls which has elected the council-manager plan of government and which has seven counclImanlc offices may establish a five-member council in accordance with the follonving procedure- At feast six months prior fo a municipal general election, the city council shall adopt an ordinance providing for reduction in the number of c uid[manic offices to five. Toe ordinance shall specify which Iwo 35 councilmanic offices, the terms of which expire at the next general election, are to be terminated. The ordinance shall provide for the renumbering of council positions and shall also provide for a two-year extension of the term of office of a retained councilmanic office, if necessary, in order to comply with RCW 35A.12.040. However, a noncharter code city that has retained its old council-manager plan of government, as provided in RCW 35A.02.130, is subject to the laws applicable to that old plan of government. [1994 c 223 § 35; 1984 c 61 § 72; 1987 c 3 § 16:1985 c 105 § 2; 1983 c 12B § 2; 1979 ex.s. c 18 § 24; 1979 c 151 § 34; 1967 ex.s, c 119 § 35AJ3.010.] Notes: Severability --1987 c 3: See note following RCW 3.46.020. Severability 1979 ex.s. c 18: See note following RCW 35A.01.070. Population determinations, office of financial management: Chapter 43,62 RCW. 35A.13.020 Election of councilmen - Eligibility - Terms - Vacancies - Forfeiture of office - Council chairman. In council-manager code cities, eligibility for election to the council, the manner of electing councilmen, the numbering of council positions, the terms of councilmen, the occurrence and the filling of vacancies, the grounds for forfeiture of office, and appointment of a mayor pro tempore or deputy mayor or councilman pro tempore shall be governed by the corresponding provisions of RCW 35A.12.030, 35A.12.040, 35A.12.050, 35A.12.060, and 35A.12,065 relating to the council of a code city organized under the mayor-council plan, except that in council-manager cities where all council positions are at-large positions, the city council may, pursuant to RCW 35A.13.033, provide that the person elected to council position one shall be the council chairman and shall carry out the duties prescribed by RCW 35A.13.030. 11994 c 223 § 36; 1975 1st ex.s. c 155 § 1; 1967 ex.s. c 119 § 35A.13.020.] 35A.13.030 Mayor- Election - Chairman to be mayor- Duties. Biennially at the first meeting of the new council the members thereof shall choose a chairman from among their number unless the chairman is elected pursuant to RCW 35A.13_033. The chairman of the council shall have the title of mayor and shall preside at meetings of the council. In addition to the powers conferred upon him as mayor, he shall oontinue to have all the rights, privileges, and immunities of a member of the council. The mayor shall be recognized as the head of the city for ceremonial purposes and by the governor for purposes of military law. He shall have no regular administrative duties, but in time of public danger or emergency, if so authorized by ordinance, shall take command of the police, maintain law, and enforce order. 11975 1st ex.s. c 155 § 2; 1967 ex.s, c 119 5 35A.13.030.i 35A.13.033 Election on proposition to designate person elected to position one as chairman - Subsequent holders of position one to be chairman. The city council of a council-manager city may by resolution place before the voters of the city, a proposition to designate the person elected to council position one as the chairman of the council with the powers and duties set forth in RCW 35A.13.030. If a majority of those voting on the proposition cast a positive vote, then at all subsequent general elections at which position one is on the ballot, the person who is elected to position one shall become the chairman upon taking office. 119751st ex.s. c 155 § 3.] 36 Mayor pro tem pore or deputy mayor. Biennially at the first meeting of a new council, or periodically, the members thereof, by majority vote, may designate one of their nurnber as mayor pro tempo re or deputy mayor for such period as the council may specify, to soRe in the absence or temporary disability of the mayor; Qr, in lieu thereof, the counciI may, as the need may arise, appoint any qunlir~ed person to serve as mayor pro tem pore in the absence or temporary disability of the mayor, fn tha event of the extended excused absence or disability of a councilman, the remaining members by majority vote may appoint a councilman pro terripore to serve during the absence or disability. [1969 ex.s, C a1 § 1.] Notes: Effective date •1959 ex.s. c 81, "This 19139 amendatory act shall take effect July 1, 1969J1 969 ex. s. c 61 § 7] 3 5A.13, 13,040 Cornpensatfon of councilmen - Expenses, The salaries ofthe councilmen, including the mayor, shall be nixed by ordinance and may be revised from time to time by ordinance, but any increase ❑r reduction in the compensation attaching to an office shall not become effective until the expiration of the term then being served by the incumbent: PRWDED, That compensation of councilmen may not be increased cr diminished after their election nor may the compensation of the mayor be increased ar dfininished after the mayor has been chose n. by the couhcil- Until councilmen of a newly-arganized council-manager cods city may lawfully-be paid as provided by salary ordinance, such councilmen shall be entitled to compensation in the same manner and in tho same amount as - councilmen of such city prior to the adoption of this caundi-manager plan- Until a salary ordinance can be passed and become effective as to elective officers of a newly incorporated code city. the first councilmen shall be entitled to compensation as follovrs. In cities having less than five thousand inhabitants - twenty dollars per meeting for not more than two meetings per month; in cities having more than five thousand but less than fifteen thousand inhabitants - a salary of one hundred and fifty dollars per calendar month; in cities having more than fifteen thousand inhabitants - a salary of four hundred dollars per calendar month. A councilman who is occupying the position of mayor, in addition to his salary as a, councilman, shall be entitled, while serving as mayor, W an additional amount per calendar month, or portion thereof, equal to twenty-five percent of the councilmanic salary: PROVIDED, That such interim compensation shall remain in effect only until a salary ordinance is passed and becomes effective as to such officers, and tho compensation provided herein shall not be construed as fi)ang the. usual cnrripensation of such officers- Councilmen shall receive re[mbursemant for their actual and necessary expenses incurred in the performance of the duties of their office, or the council by ordinance may provide for a per diem allourance. Procedure Far approval of ofaims for expenses shall be as provided by ordinance- [1979 ex. s_ c t$ § 25; 1967 6x.s, c X19 § 35~4.13.ddd•] Notes: everability - 1978 QXS. C 18: See note following RCW 35A.01.070. 3 5A,13.050 City manager - Qualifications. The Iffy manager need not ba a resident at the time of his appointment, but shall reside in the code city after his appointment unless such m5idence~ is waived by the cotindl, He shall be dhosan by [he council solely on the basis of his executive and administrativa qusIif s ions with special reference to his actual experience In, or his knowledge of, accepted practice in respect to the duties of his office. Ho person elected to membership on the council shall be eligible for appointment as city manager until one year has elapsed following the expiration of the term for which he was elected, [IR87ex.s_c118 35A13A50.1 37 35A.'13.0~~ G-Ity manager may serve two or more ciUeu. Whether the city manager shall devoie his full Vme to tine affairs of one code city shall be determined by the council, A city manager may serge two ar more cities in that capacity at the same time- 119B7 cxs. c 119 § 35A.13.UU0-1 35A,13.078 City manager- Bond and oath. Before entering upon the duties of his office the city manager shall tike an oath or afFrrmaHon for the faithful perfomlance of his dunes and shall execute and file with the cleric of the council a band in favor of the code city in such sum as may be fixed by the council. The premium on such bond shall be paid by the city- [1967 ex.s. C 119 § 3~5 10.1 35A,13.080 City manager- Powers and duties. The provers and duties of the city manager shall be. (1) To have general supervision over the administrative affairs of tha code city; (2) To appoint and remove at any time all department heads, officers, and cmplayees of the code city, except members of the council, and subject to the provisions Df any applicable law, rule, or regulation relating fo civil service: PROVIDED, That the council may provide for the appaintment by the mayor, subject to confirmation by the council, of a city planning commission, afid other advisory citizens' committees, carnmissions, and boards advisory to the city council: PROVIDED FURTHER, That if the municipal judge of the code city is appointed, such appointment shall be made by the city manager subject to confirmation by the council, far a four year term- The council may czi use an audit to be rnade of any department or office of the code city government and may select the persons [a make it, without the advice or consent of the city manager; (3) To attend all meetiings of the council at which his attendance may ba realtllred by that body; I (4) To see that all laws and ordinances are faithfully executed, subject to the authcFity which the council may grant the mayor to maintain Iav. and order in Limas of emergency; (5) To recommend for adoption by the council such measures as he may deem necessary 0r expedient; (6) To prepare and submit to the council such reports as may be required by that body or as he may deem it advisable to submit, (7) To keep the council fully advised of the fimncial condition of the code City and its fLrlure needs; (8) To prepare and submit to the council a proposed budget for the fiscal year, as required by chapter 35A.33 RC1+J, and to be responsible far its administration upon adoption; (9) To perform such other denies as the council may determine by ordinance or resolution. ~~987 C 3§ 17; 1967 ex.s. G ii 9 g 3.i3.Q60,] i Motes: Severabillty 1 U87 c 3: See note fallowing RCVV 3,46-020. 38 i I } - Creation of departments, offices, and amp€oyment ^ Compensation. On recommendation of the city mana gar or upon its own action, the council may cfaate such departments, of res, and employments as it may find necessary or adv[sable and may determine the pcmers and duties of each department or office. Compensation of appointive officers and employees may be fixed by ordinance after recommendations are made by the city manager. The appointive officers shall include a city clerk and a chief of police or other lavi enforcement officer. Pursuant to recwnmendation of the city manager, the counc€I shall make provision for obta[ning legal counsel for the city, either by appo€ntment of a city attorney on a full time or part time basis, or by any reasonable contractual arrangement for such professional services- ti#67ex.s-c 119 35R-13.-01; 35A.13.1.00 City manager- department heads -Authority. The city manager may auther[ze the head of a department yr office responsible to him to appoint and. remove subordinates,in such department or office- Any office ror employee who may be appointed by the City manager, ar by the head of a department or office, except one who holds his position subject to civil seMce, may be removed by the managor or other such appointing officer at any time subject to any applicable lavr, rule. or regulation relating to civil service- Subject to the provisions of RC 35A J3.0k and any appi[cable cavil service provis[ons, the decision of the manager or other appointing officer, shall be Final and thero shall be no appeal thefefram to any other office, body, ar court whatsoever. [1957 ex.s- c 11 A § 35A J 3. OD.] 35A.13.11 a City manager- Appointment of subordinates- Qualifications Terms. Appo€ntments made by or under the authority of the city manager shall be on the basis of ability and training or experience of the appointees in the duties which they are to perfanri, and shall Ins in compliance with provisions 4f any merit system applicable to SLIch city- Residence within the code city shall not be a requirement. All such appointments shaft be without definite term- [1957 eX.5- c 1 J §$,~5,7 ] 35A,13A 2Q City manager Interference by council rnernbers. Neither the council, nor any of its committees or members, shall direct the appointment of any person to, or h[s removal from, oificu by the city manager or any of his subord[nate5, Except for the purpose of inquiry, the council and ifs mernbers shall deal vdth the administrative service solely through the manager and neither the council nor any committee or merrber thefeaf shall give orders to any subordinate of the city manager, either publicly ar privately, The provis[ons of €his section do not prohibit the council, while in open session, from fully and freely d[scuWhg with, the city manager anything pertain[ng to appointments and removals of city officers and employees and city affairs. [i $Q7 ox.s. ~ 119 § 35,x.13-12Q.] - - 39 35A.13.130 City manager - Removal - Resolution and notice. The city manager shall be appointed for an indefinite term and may be removed by a majority vote of the council. At least thirty days before the effective date of his removal, the city manager must be furnished with a formal statement in the form of a resolution passed by a majority vote of the city council stating the council's intention to remove him and the reasons therefor. Upon passage of the resolution stating the council's intention to remove the manager, the council by a similar vote may suspend him from duty, but his pay shall continue until his removal becomes effective. 11967 ex.s. c 119 § 35A.13,130.1 35A.13.140 City manager- Removal - Reply and hearing. The city manager may, within thirty days from the date of service upon him of a copy thereof, reply in writing to the resolution stating the council's intention to remove him. In the event no reply is timely filed, the resolution shall upon the thirty-first day from the date of such service, constitute the final resolution removing the manager and his services shall terminate upon that day. If a reply shall be timely filed with the city clerk, the council shall fix a time for a public hearing upon the question of the manager's removal and a final resolution removing the manager shall not be adopted until a public hearing has been had. The action of the council in removing the manager shall be final. [1967 ex.s. c 119 § 35A.13 140.1 35A.13A 60 City manager - Substitute. The council may designate a qualified administrative officer of the city or town to perform the duties of manager. (1) Upon the adoption of the council-manager plan, pending the selection and appointment of a manager, or (2) Upon the termination of the services of a manager, pending the selection and appointment of a new manager, or (3) During the absence, disability, or suspension of the manager. [1967 ex.s. c 119 § 35A,13.150.1 35A.13.160 Oath* and bond of officers. All provisions of RCW 35A.12.080 relating to oaths and bonds of officers, shall be applicable to code cities organized under this council-manager plan. [1967 ex.s. c 119 § 35AA3.113 35A.13.170 Council meetings - Quorum - Rules - Voting. All provisions of RCW 35A.12.110, as now or hereafter amended, and 35A.12.120, relating to council meetings, a - quorum for transaction of business, rules and voting at council meetings, shall be applicable to code cities organized under this council-manager plan. [1979 exs. c 18 § 26; 1967 ex.s. c 119 § 35A.13,170.1 Notes: Severability --1979 ex.s. c 18: See note following RCW 35A.01,070. 40 i" 35A,13.180 Adopt€on of codes by r2fe re nee. Ordinances of cities organized under this chapter may adopt codes by reference as provided In RCV/ 35A.12-140- [1987 ex.s- c 119 § 33A.13-16~.] 35A.13,1 DD Ordinances ---Style - Requisites - Veto. The enacting clause of all ordinances shall be as follows, "The city council of the city of do ordain as follows:' No ordinance shall contain snare than ane subject and that must be clearly expressed in its Me, No ordinance Or any $eCtiDn or subsection thareof shall be revised or amended unless the new ordinance sets faith €he revised ordinance or the amended section or subsection at full length. N❑ ordinance shall take effect unti€ five days after the date of ifs pub[icagon unless otherwise provided by statute ❑r charter, except that an ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public pro perty or the public peace, may ba made efferAve upon adoption, but such ordinance may not levy taxes, grent, renew, or extend a (ranch€se, or authorize the bonrnv€ng of money. [1867 ex,s, c 119 § 3x1 ti3.19(1.] 35A.13-200 Authent€cation, recording and publication or ordinances- Ordinances of code cities organized under this Chapter shall be authenticated. recorded and published as provided in f,--- RC 35A-12.150 and 35A.12-160. [7937 ex,s, c 119 § 35.&j 3,200.] 35A,13.210 Audit and allowance of demands against city, RCW 35A-12.170 shall apply to the audit and allowance of demands against the city- ~1987 ek.s. c 11 s ~ 35.x-13.2i~-] 35A,13.0 Optional dhr[slbn of city into wards. A code city organized under th[s chapter may W divided into wards as provided in RCW 36A.12.130- [I@G7 ex.s. c 11'J g 35A_13.22a-j 3bA.13,230 Powers of council- The council of any code city organized under the council-manager plan provided in this chapter small have the powers and authofty granted to legislative bodes of cider governed by this t€€le as mare particularly described in chapter 35A,11 RCW, except insofar as suds power and ~ hority is vested in the city manager. [1'67 ex.s- c 119 ~ 35A.13-238.] 41 Elhibit A-9 RESOLUTION O- 03-027 OENMRAL POLICY RESOLUTION Of CORE BELIEFS A RESOLUTION OF T> FE NEW CITY OF SPOKANE VALLEY E,STABLI HPi 1G A, GENTRAL,POLICF RE',5'OLU77ON ENUNATING FROM ` 'J E CORE BELJXF,9 OF AE CITY COUNCIL AND CO 1V.1(UNITV AND SETTING FORTE D[1TMS OF BOTH ELECTED AND APPOINTED OFIKTCLUS OF THE CITY TO HELP GUIDE LEGLSL#TTVE AND E E,CUTWE DEC-] SIONS TOWARD EFFECTIVE, RESPONSIVE, AND OPEN O0VE,EtN11'MNT ;AREAS, the City Council of the City of Spokane Valley, as the elective Iegislative body, is charged with. promulgating Ordinances and resolutions which beeoma the law of the city; and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with; all other applicable federal anti state statutes and regulations; and . . . WHEREAS, the City Council desires to provide a clear set of general policy P idelincs for the conduct of city government; NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm.and resolve that Chu foQowirg core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City G overament Section 1. ' We bel ievc that Spokane Valley shoal d be a visionary city enboura&g its ei tizt n s and their government to l ook to the future beyond the present genoration and to bring such idias to public discussion and to - enhanc6 a sense of community identity. - - Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public. participation and decision making. Section 3. We believe in the City Cc Lmcil as policy leaders of the City. Cne or more City Cotincilmembers are encauraged to take the lead, where practical.' in sponsoring Ordimmm or eWutiong excepting quasi-judicial or other public hearings and ft statutory duties of the City N faiiager as set forth in RCW 13.02 D, Staion 4. We believe in hearing the public view, o affirm-that members of the public. should be.. . moov wed to speak and be heard through reasonable rules of procedure when the public business is being covsidered, rhos giving elected officials the broadest perspectives frolia which to makc deeisions. section S. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive, effective and courteous ma Lner. Seetio n 5. We believe th at the economic and commercial job base of the community should be preserved and £ncmuraged to grow as an altemativL to increasing property taxes.'Wobelieve it imperative to have an expanded and diverse economic base, Sectiou 7. We solicit the City ~Lvtanager's support in couduakLcr the affairs of the city with due regard for; (a) Promoting mutual respect between the Citizens, City staff and the. City CounciI by creating the organizational teamwork necessary for effi-,ctive, responsive and open govem-meet. 42 Governance Coordination Manual (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for ` discussion. (c) Establishing and maintaining a formal city-ride customer service program with. emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing "best practices" in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Passed and approved by the City Council of the City of Spokane Valley at a regular meeting on May 13th, 2003. Mayor Attest: Approved as to form: City Clerk City Attorney Governance Coordination Manual 43 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 2006 City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business ❑X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 06-023 Establishing Three Revised School Speed Zones GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Informational memo to Council on September 5, 2006 and Council approval of Ordinance 06-026 on October 24, 2006 BACKGROUND: Council approved Ordinance 06-026 on October 24, 2006 which allows Council to amend or adopt school speed zones and signage by resolution. Proposed Changes to the School Zones: The recent. acceptance of the flashing beacon grants from the Washington -Traffic Safety - - Commission necessitates a change in the City's speed limit resolution. The beacons are intended for operation with a 20 mph sign and a "When Flashing" plate. Modifications are also necessary to the school zone boundaries at Progress Elementary, University Elementary and Sunrise Elementary to facilitate the flashing beacons. Additionally, the Principal of Broadway Elementary has asked for a 20 mph school zone to be established on Alki Avenue south of the school. There are two gates in the school's fence, and many students walk on Alki to avoid Broadway. The school zone limits would be "Alki Avenue from Glenn Road to Pierce Road". Attached for your review is a proposed resolution detailing the above changes. OPTIONS: Seek further revisions; take no action; or take other appropriate action. RECOMMENDED ACTION OR MOTION: Motion to approve Resolution 06-023 establishing three revised school speed zones; establishing a new school speed zone; and revising two school speed zone signs. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Neil Kersten ATTACHMENTS Draft Resolution DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 06-023 A IZESOLUTION ESTABLISHING THREE II EVISED SCHOOL SPEED ZONES; ESTABLISHING A NEW SCHOOL SPEED ZONE; AND REVISING TWO SCHOOL SPEED ZONE SIGNS PURSUANT TO SPOKANE VALLEY i MUNICIPAL CODE CHAPTER 9.05.030 WHEREAS, the City Council from time to time may lower the speed limit in response to increased traffic in and around school property; and WHEREAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which, in part, provides that the maximum speed limits for streets can be established by ordinance or resolution; and WHEREAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which, in part, provides that designated school zones may be signed and enforced in accordance with Washington Administrative Code Section 392-151-035; and WHEREAS, the City Council has authority under SVMC 9.05.030 to change speed limits, which is an exercise of the police power of the City to protect the health, safety, and welfare of its citizens. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows:- Section 1. Revised School Speed Zones: The following City school speed zones shall be amended as follows: • the existing school speed zone at Broadway Avenue from 300 feet west of Progress Road to 300 feet east of St. Charles Road shall be amended to Broadway Avenue from 300 feet west of Progress Road to St, Charles Road • the existing school speed zone at University Road from 18th Avenue to 15'h Avenue shall be amended to University Road from 19th Avenue to 16th Avenue • the existing school speed zone at 24th Avenue from 600 feet west of Adams Road to Adams Road shall be amended to 24th Avenue from •300 feet west of Calvin Road to 200 feet east of Adams Road. Section 2. Establishing New School Speed Zone: The following City road section shall be designated as a school speed zone: • Alki Avenue from Glenn Road to Pierce Road. Section 3. Revised Signs for School Speed Zones: The following City school speed zones shall be designated with signs that indicate that the 20 mile per hour speed limit is in effect and enforceable when the attached beacon flashes and shall state "School Speed Limit 20 When Flashing:" • Broadway Avenue from 300 feet west of Progress Road to St. Charles Road • University Road from 19'h Avenue to 16`x' Avenue Resolution 06-023 Establishing Three School Speed Zones Page 1 of2 DRAFT Section 4. Severability. If any section, subsection, sentence or clause of this Resolution is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this Resolution. Section 5. Effective Date. This Resolution shall be effective upon adoption. Adopted this day of November, 2006. - City of Spokane Valley Mayor Diana Wilhite ATTEST: City Clerk, Christine Bainbridge Approved as to form: Office of the City Attorney Resolution 06-023 Establishin; Three School Speed Zones Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 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: Motion Consideration: Spokane County Geiger Agreement GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Model Agreement Presentation on February 14, 2006; Informational Item on July 11, 2006; Informational Item November 7, 2006. BACKGROUND: The Geiger Agreement has been re-worked in the model agreement format. The draft agreement presented will utilize the "settle-and-adjust" style dividing the estimated costs into twelve equal payments that will be paid each month of the contract year and reconciled to actual costs after year-end. There will be no interest charged on final reconciliation settlement should the contract terminate (Deviates from model language). Capital improvement costs will be factored into the rates for the year in which they occur up to $1,000,000 aggregate. An. operating..reserve. -of $500,000 will be. built up oven two year's time in 2007: and 2008., by. adjusting the rates for those years. The City comprises approximately 1.6% of the total usage of Geiger 'services so ' that the maximum capital improvement costs the City will pay in any year is $16,000 and the City will contribute $8,000 to-the operating reserve over two years. The rates have been adjusted to recover all costs of the current year. In previous years, Geiger was running a revenue-deficit and the rates were based on costs for two years prior. An operating loan from the County (to cover the deficit) has been factored into the current year rates. These factors have lead to a substantial increase in rates. In addition, confinement days charged to, the City. have risen 50% in 2006,, due to the availability of.more beds and transferring. more inmates from the jail (Geiger increased its security level). In addition, the Courts have increased the number of weekend or short-stay inmates. These factors have led to a sharp increase in overall Geiger costs for the City. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to execute the Interlocal Agreement for Geiger Confinement, Work Crew, and Work Release Services in the City Of Spokane Valley. BUDGET/FINANCIAL IMPACTS: 2005 Cost $121,461 2005 SV Budget $118,759 2006 Estimate $325,000 2006 SV Budget $120,000 The extra expense of Geiger in 2006 is offset by savings in other public safety service agreements. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative Analyst ATTACHMENTS 1. Draft Interlocal Agreement Return to: Daniela Erickson, Clerk of the Board 'Board of County Commissioners 1.116 W. Broadway Spolzane, Washington 99260 INTERLOCAL AGREEMENT FOR GEIGER CONMEME NT, WORK CREW A.N0 WORK RELEASE SERVICES IN TELL CITY OF SPOKANE VALLEY (January 1, 2005--December 31; • 2005) = THIS AGREINN.WiNT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COI.NTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices fbr the transaction of business at the Redwood Plaza, 1.1.707 [past Sprague Avenue, Suite 106, Spokane Valley, Alashington 99206, hereinafter referred to as "CIT Y*," jointly hereinafter referred to as the' ART[ES." The COU ITY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of COUNTY property and the management of COUNTY fiends and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perforrn certain functions which each may legally perform under chapter 39.34 RCW (Irlterlocal Cooperation Act). (c)- Pursuant t4 thiE provisions of RCW 70.48.210 quid RCW'9.94A7 .7251 the C66rity has- - established and.maintains the Geiger Corrections Center that provides cordhiement, work crew, work release programs and other related ser-6ces. (d) Pursuant to the provisions of RCW 9.92.130, when a person has been sentenced by any municipal or district court judge in this State to a terns of imprisonment: in, a city jail, such person may be compelled on each day of such temp,except Sundays, to perform eight (8) hours' labor upon the streets, public buildings, mid grounds of such city. (e) The City of Spokane Valley is desirous of entering into an agreement with the County, wherein the County will provide confinement, work crew, work release programs and other related services for persons sentenced by a Spokane County District Court Judge for violating City Page 1 of 18 ordinances and/or State misdemeanor and gross misdemeanor laws and when in conjunction with such sentencing are authorized by court order to participate in a confinement and work crew/work release programs. SECTION NO. 2: DEFINITIONS (a) Agreement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding confinement, work crew, work release programs and related services. (b) City: "CITY" means the City of Spokane Valley. (c) County: "COUNTY" means Spokane County. (d) Maintenance and Operations: `.`Maintenance and Operations". and_ "M&O.'. shall mean (1) those class codes (3000-5999 and 7000-9999) used by Spokane County in its budgetary process as prescribed by the BARS manual adopted by the State of Washington under chapter 43.88 RCW so long as such expenditures are'directly attributable and proportionate to services rendered to CITY under the terms of this Agreement. (e) Services: "Services" means those services identified in Exhibit 1. i Compensation: "Compensation" means that methodology set forth in Exhibit 2 used:-to.-establish the amount of money -which--the- -C T-Y= will pay the COUNTY- for- providing Services. (g) Capital Improvement: !"Capital Improvement" shall mean any expenditure in excess of $1999.99 or. such higher figure as set by the COUNTY as the capitalization threshold during the term of the Agreement. The COUNTY shall give the CITY advance notice of any increase in the capitalization threshold. The PA12 ITES of gee to meet and discuss the impacts. of any change in the capitalization threshold which will cause an increase of costs to the CITY in excess of $50,000.00. Any such expenditure will be coded as provided for in the BARS-manual - adopted by the State of Washington und6P RC`V 43.88.._ . (h) Uncontrollable Circum stances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. (i) Rep: ".Report" mean.sJthe Billing .Register Report which is a component of the JMS (Jail Management System). (j) Geiger Corrections Center or Facility: "Geiger Corrections Center or Facility". means that facility operated by Spokane County located at 3507 S. Spotted Road, Spokane, Washington 99224. Page 2 of 18 SECTION NO. 3: PTJRPOSE The purpose of this Agreement is to reduce to writing the PAR"17MS' understanding as to the terms and conditions under which the COUNTY -,till provide Services on behalf of the CITY. It is the intent of the PARTIES that Services to be provided by the COUNTY will be consistent with the CITY'S CouncilfManager form of government provided for in chapter-35A.] 3 RCW. SECTION NO. 4: DURA11ON/WiTI DRAWAL This Agreement shall commence on January 1; 2005, and run through December 31, 2005. At the conclusion of the iuu.tial term, this Agreement shall automatically be renewed from year to - . year thereafter..effective January1".to December 3 l C_. All renewals shall be subject to all.terms and. conditions set forth herein except ghat the fees will be revised as provided for in Exhibit 2. The PARTIES recognize it highly unlikely that Exhibit 2 setting forth the estimated costs for each year's Services .vill be available at the start of-any renewal timeframe. Accordingly, until a new Exhibit 2 has been prepared for any calendar year, the PARTIES agree that the COUNTY will bill the CITY and the CITY will pay the COUNTY at the same rate used for the previous year. Upon the PARTIES agreement on a new Exhibit 2, the CITY and COUNTY will reconcile payments to date under the previous year's payment schedule with the new payment schedule. Any _.underpayment.for. any. Services will. be due. i.n -the first-payment due following: reconciliation. -:Any.-. overpayment for any Services will be credited to the first monthly payment due following the reconciliation. The PARTIES agree that no interest shall be owing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any Party may withdraw at any time from this Agreement for an.y reason whatsoever. upon a mini--mum of 180 days written notice as provided for in Section 7 to the other Party. In the event of tennination, the COUNTY will continue to Services for those individuals already participating, in programs, but will not accept any new individuals. The CITY shall continue to pay those fees asset - - - -forth -tn Exhibit-2--for such individuals until their- respective participation--is termunawd. im such - program. Provided, however, in the instance where the fees increase in the follo-vNing calendar year, the CITY shall pay such increased fees. SECTION NO. S: COST" OF SERVICES AND PAVNIEiNTS The CITY shall pay the COUNTY the costs for Services provided under this Agreement as set forth in Exhibit 2, attached hereto and incorporated herein by reference. The COUNTY CFO shall advise the CITY Manager as soon as possible of any anticipated or unanticipated capital improvement costs ("capital improvement'') that arise during the contract period. The cost for any capital improvement actually incurred shall be.included in calculating, fees for the year in which the cost is incurred and shall not be amortized over the life of the capital improvement. Provided, however, the PARTIES agree that the COUNTY will establish an Page 3 of 18 amortization schedule for each capital improvement actually incurred having an actual cost of over $50,000.00. The amortization schedule shall reflect the true estimated useful life of the capital improvement. The amortization schedule shall spread the COUNTY'S and CITY'S share of the capital improvement cost over the established time frame. For the purposes of this Agreement, the COUNTY'S and CITY'S share shall be calculated based upon each parties actual usage of the Facility for confinement in the yeaf in which the capital improvement was made.. The COUNTY'S share shall include the share of all other users at the Facility. (For example, if in calendar year 2006 a capital improvement of $120,000.00 was made, it would be included in calculating rates for calendar year 2006. The COUNTY would also establish an amortization schedule for such capital improvement. The CITY proportionate share of that capital improvement would be based on its proportionate share of all the confinement fees paid for calendar year 2006.) The amortization schedule may extend beyond the term of this Agreement or any renewal thereof If either Party withdraws .from the Agreement the COUNTY agrees to pay the CITY the tun-depreciated portion of r the amortization.schedule.for each_capitaLimprovement for which an amortization schedule bad been prepared from the date of the 'Mthdrawal to the end of the amortisation schedule. This amotnnt shall be paid within sixty (60) calendar days of any such termination. Provided, however, the aggregate costs of all capital improvements in any calendar year for which the COUNTY seeks reimbursement from the CITY shall not exceed $1,000,000.00. Any capital improvement which the COUNTY includes in calculating fees or reconciliation and for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. The CITY shall be responsible only for capital improvement costs incurred after March 31, 2003. ....Any,portion- of.a.rapital.improvement-,that_.~vas_paid..for.or.acquired through, separate, agreement or with grant proceeds, bond proceeds, user fees,, donations, or any other acquisition method that reflects a contribution on behalf of CITY shall not be included in the rates applied to the CITY. Any capital improvement for which the COUNTY seeks reimbursement from the CITY must be necessary to fulfill the requirements of this Agreement. The COUNTY will bill the CITY for the cost of services as outlined in Exhibit 2, monthly, by the 15"' of the month for the previous month. Payments by the CITY will be due by the 5`h day of the following month. The COUNTY, at its sole option, may charge interest on any late payment calculated-on any.-lost interest.eaming.had.the..anlount due been invested since-the date-due.to the._. date of payment in the COUNTY'S investment pool. SECTION NO. 6: RELATIA) RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or its designee agrees to attend staff meetings as requested by the CITY Manager. The COUNTY or its designee agrees to meet upon request by the CITY Manager or his/her designee to discuss any Service provided under the terns of this Agreement. The CITY agrees the COUNTY may use the COUNTY'S stationery in conjunction with providing Services under the terms of this Agreement. Page 4 of 18 SECTION NO. 7: NOTICE All notices or other communications given hereunder shall be deemed given on: (i) the day such notices or other communications are received when sent by personal delivery; or (ii) the third clay following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the COUNTY or the CITY at the address set :forth below for such 'Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1.1.1.6 West Broadway Avenue Spokane, Washington 99260 Geiger Corrections Director 3507 South Spotted Road Spokane, Washington 99224 CITY: City of Spokane Valley City iNfanager or his/her authorized representative Redwood Plaza 11707 East Sprague Avenue, Suite 106 -Spokane: Val ley;: Washington 99206...:.. - SECTION NO. 8: RE POKI'MC Reports - The COUNTY shall provide the CITY with reports documenting actual usage under this Agreement. The PARTIES agree that the terminology "reports documenting actual usage" means that type of information provided by the COUNTY to other users for Services. An updated report shall be submitted quarterly unless otherwise mutually agreed by the PARTTES. Such reports shall be in a format as mutually agreed to between the PARTIES. The content and/or format for such - :.---reports. may -be• changed- from tune-to-ti.me by written- agreement- between- CITY-and . COisi 1TY-- - staff. Records Review - The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY will provide the COUNTY with reasonable advance notice of the records reviews. The PARTIES agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that k%-ill allow disclosure of the necessary information to accurately conduct a records review. If the CITY will be allowed to view only those records directly relating to Services provided within CITY'S corporate boundaries, then the COUN'T'Y must keep a log of original documents used to charge the CITY, and those documents must have identifyuig numbers or letters so the original source documents can be easily retrieved. Page s or 18 SECTION NO. 9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No Tarty may assign in whole or part its interest in this Agreement without the written approval of the other Party. SECTION NO. 1.1: COUNTY EMPLOYEES ..De,C<)UN"I:Y,shall hire, assign, retain and discipline all employees performing Services under this . Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY Lvith respect to staff' that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION NO. 12: ILIA] MITY (a) The COUNTY shall indemnify and hold harmless the CITY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the COUNTY, its officers, agents and employees,-relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY, the COUNTY shall defend the same at its sole cost and expense; provided that the CITY reserv,es the right to participate in said suit if any principle of govermnental or public law is involved; and if final judgment in said suit be rendered against the _.CITY,_and._its officers,. agents, and employees,-or jointly- against the CITY and-the COUNTY.and_-__. their respective officers, agents, acid employees, the COUNTY shall satisfy the same. (b) . The CITY shall indemnify and hold harmless the COUNTY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any naftwe whatsoever, by any reason of or arising out of any negligent act or omission. of the CITY, its'officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the COUNTY, the CITY shall defend the same at its sole cost and expense; provided that the COUNTY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the COUNTY, and its officers, agents, and employees, or jointly against the COUNTY and the CITY,and their respective officers, agents, and employees, the CITY shall satisfy the same. Page 6of18 (c) If the comparative negligence of the PARTIES and their officers anal employees is a cause of such damage- or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. (d) Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability. shall accept all liability for the other Party's officer or employee's negligence. (e) Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. _ (f) The..forcgoing.indemnity is .specifically -intended...to_. constitute. a_ waiver of each Party's . immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party ',Aith a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. (g) The COUNTY and the CITY agree to either self insure or purchase polices of insurance covering the matters contained i-n this Agreement with coverages of not less than $5,000,000 per occurrence with $5,000,000 aggregate limits including professional liability and auto liability coverages.: SECTION NO. 13: RELATIONSHIP OF THE PAEt` 1FS The PARTIES intend that an independent contractor relationship M.11 be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY, that the CITY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the COUNTY.. Any and all employees who provide Services to the CITY under this Agreement. - shall be deemed, employees solely of the.COUN'TY: -The COUiNI Y shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. &ECTiON NO. 14: MODIFICATION This Agreement may be modi Fied in writing by mutual written agreement of the PARTIES. SECTION NO. 15: PROPT:RTY AND EQtJ PXMNT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the.original owner, unless othefwise specifically and mutually agreed to by the Page 7 of 18 PARTIES to this Agreement. For the purpose of this section, the terminology "owner" means that Party which paid the futl purchase price for the property or equipment. SECTION NO. 16: ALL WRITINGS CON'T'AINED REREEI'VBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto, their successors and assigns. SECTION NO. 17: DISPUTE RESOLUTION Any dispute behveen the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. E\cept as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the COUNTY CPO and the CITY Manager. If the COUNTY CPO quid the CITY Manager cannot resolve the dispute it will. be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall .be binding. on the PARTIES and shall be .subject to. judicial..review. as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION NO. 18: VENUE STIl'ULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement _ ._.shalt be- governed by the ._laws_ _of..the_.State,.of..Washington .both. as-.-to-interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 19: SEVERABTLITY The PARTIES agree that if any parts, terms or. provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict vvith any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict Page 8 of 18 shall. be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 20: RECORDS All public records prepared, owned, used or retained by the COUNTY inconjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY Manager subject to the attorney client and attorney work product privileges set forl:h in statute, court rule or ease law. The COUNTY will notify the CITY of any public disclosure request under chapter 42.17 RC'V for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO. 21: IlEAOINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the- sections to which they pertain. SECTION NO. 22: TIME OF ESSENCE OF AGR.F..EM.ENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time :firmed for the performance of the respective obligation by -the-.terms•of this Agreement, the other.Party may,:at its election, hold the other •Party-liable for all costs and damages caused by such delay. SECTION NO. 23: UNCONTROLLABLE CTRCiJMSTANCES/IMI'OSSIcil7.TTY A delay or interruption in or failure of performance of all or any part of this Agreement .resulting from Uncontrollable Circumstaxices shall be deemed not a default under this Agreement. A delay or interruption in or failure of perfonuance of all or any part of this Agreement resulting from-any change-in-or- new law, order, rule or-regulation of any nature which-renders providing Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY which render legally impossible the . performance by-the COUNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 24: Fi-LiNC This Agreement shall be filed by the County with such offices or agencies as required by chapter 39.34 RCW or placed on the COUNTY'S web site. Page 9 of 18 SECTION NO. 25: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 26: MITIATTVF_.S The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the Cf fY, COUNTY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amowit(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good l~aith to achieve a mutually agreeable resolution in a.timely fashion. _ SECTION NO. 27: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 28: DISCLAIMER rxcept.as otherwise provided, this Agreement shall not be construed Jn any manner,that_woutd linut eitlter_Parry's, authority or powers under law. SECTION NO. 29: ASSURANCE The CITY shall pay the COLJNITY the true and full cost of all Services provided under this Agreement. The intent of the Parties is that neither Party will subsidize the other and that the CITY will not subsidize any other jurisdiction that is receiving similar services. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and_y_ear opposite their_ respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINIGTON TODD MTELKE, Chairperson ATTEST: MARK RICHARD, Vice-chairman Clerk of the Board Uaniela Erickson PHILLIP D. HARRIS, Commissioner Page 10 of 18 DATED: CITY OF SPOKANE' VALLEY: AWEST: David Mercier, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Cary P. Driskell, Deputy City Attorney Page 11 of 18 EXHIBIT 1 Under the terms of this Agreement, COUNTY, through the Facility, will provide pretrial confinement, work crewhvork release programs and related services to CITY for persons charged with violating CITY municipal ordinances and/or State misdemeanor and gross misdemeanor laws within the CITY'S jurisdiction as well as post trial confinement, work crew/work release programs and related services to CITY for persons sentenced by any District Court Judge for violating CITY municipal ordinances and/or State misdemeanor and gross misdemeanor laws within the CITY'S jurisdiction and when in conjunction with such sentencing are authorized by Court order to " participate in a confinement and work crew/work release program.. The terminology "confinemenf' shall include electronic home monitoring. The.termi.nology "Nvork crew" shall mean a program of partial conf.nement.wherein a person shall.. . be housed at the Facility and while housed at such Facility shall participate in civic improvement tasks to be pert mied on public property. The terminology "work release" shall mean a program of partial confinement .wherein a person shall be housed at the Facility and while housed at such Facility is employed or engaged as a student in a regular course of school. Housing provided by COUNTY at the Facility shall be the same housing provided by the COUNTY for COUNTY persons participating, in programs at the Facility. The COUNTY shall provide all medical services for a City person receiving Services under this Agreement. The cost of such medical services shall be included in calculating the fees set forth in Exhibit 1. In the event that the. Court orders any special services in conjunction -with an individual participating in work crew/work release program under the terms of this Agreement, it is agreed that COUNTY and CITY will negotiate a fee concerning the special services, in the event such fees ..are not specifically set forth in Exhibit 2--------- - _ . _ The Parties agree that there is limited space at the Facility. COUNTY reserves .the right to screen all individuals CITY requests and/or Court allows to participate in work crew/Nvork release programs. COUNTY reserves the right to refuse to accept any individual if it is determined not in COUNTY'S best interest and/or-there is no space available at the Facility. The determination of COUNTY in each of the above circumstances shall be final and binding. In instances where COUNTY provides a work crew/work release program under this Agreement, CIT Y, shall be responsible for providing to COUNTY'S representative with a list of CITY civic improvements, which may be work crevvt%vork release projects. Page 12 of 18 Li conjunction with COUNTY providing work crew programs set forth herein; the COLN'1"Y shall also provide any and all transportation to and from the Facility to the work site. COUNTY shall provide any and all transportation to and from the Facility and Spokane County Jail which may be.necessary in conjwiction with COUNTY providing Services to CITY wider the terms of this Agreement. (IYHIS SPACE NTENTIONALLY LEFT BLANK) Page 13 of 18 EXHIBIT 2 The rates for calendar year 2005 were based on the 2005 Geiger preliminary budget figures which were submitted by Geiger management to the COUNTY in October of. 2004. Based on those figures, the 2005 calendar year rates were: (a) $41.38 per day for each person participating in a confinement program. (b) $39.80 per day for each person participating in work release program. (c) $34.42 per day for each person participating in work crew program. (d) $22.40 per day for each person participating in Electronic Home Monitoring (1HM). (e) Special Services - to be negotiated on a yearly basis. Disputes as to the amount to be billed for any Special Service, other than those set by the independent cost allocation plan preparer, shall be resolved in the same manner as disputes over billings addressed ...hereinafter..- -Agreement on Special Service .fees -shall be -evidenced _by a written memorandum signed by the Parties representatives identified in Section No. 7. (f) $10.00 per day for court ordered placement of sobrictor units in homes of persons that are not on electronic home monitoring. (g) $ 3.50 per day for court ordered placement of sobrietor units in homes of persons that are on electronic home monitoring in addition to the fee rate forth in (d) above. There is no reconciliation of rates charged or paid in calendar year 2005. For all. subsequent years_klni.s Agreement. is in effect, the independent, cost allocation -plan. preparer will establish annual rates for (a) through (d) referenced herein above based on the following methodology. The plan preparer will take the "target budget" for Geiger. For the purpose of this Agreement, the terminology "target budget" shall mean that budget prepared by the COUNTY Office of Administrative Services in September of each calendar year for the operation of Geiger in the subsequent calendar year. The "target budget" takes into consideration the adopted Geiger budget for the previous year and adjusts it for salary and benefit increases and any supplementary appropriations.during. that year. through..September._For_ exaunple, the "target budget". for. calendar......... year 2006 is established by the County Office of Administrative Services in September 2005 using the 2005 adopted maintenance and operations (M&O) Geiger budget, plus estimated 2006 Salary and Benefits, plus adjustments fbr supplementary appropriations to the Geiger budget through September 2005. The plan preparer will then establish fees as provided for in (a) through (d) for Geiger using the last half of the previous year's usage for all users and the first half of the present year's usage for all users. For example, the plan preparer i.n conjunction with establishing fee (a) A41. use the actual usage for the last half of 2004 and first half of 2005. The COUNTY taking the fees established by the plan preparer, for items (a) through (d) and using the CITY'S actual use for items (a) through (d)-for the last half of the previous year and the first Page 14 of 18 half of the present year, will determine a projected annual cost for the following year: For csample, the COUNTY will use the CITY'S actual number of confinement days.for item (a) in the last half of 2004 and fast half of 2005 to determine its projected item (a) costs in 2006. The COUNT Y will use this same approach for items (b) through (d). This total amount for all items (a) through (d) will then be divided into twelve equal payments. The Parties acknowledge and agree that in calendar year. 2007 the budget will include a line item denominated as "cash reserve" in the amount of $250,000.00. The Parties frurther acknowledge and agree that in calendar year 2008 an additional amount of $250,000.00 will be included in the "cash reserve" line item for a total of $500.000.00. This line itern recognizes that Geiger is an enterprise fund and requires cash reserves. This line item will be used in establishing 2007 and 2008 rates respectively for items (a) through (d). In conjunction with the reconciliation for calendar year 2007 and 2008, the plan preparer will determine the proportionate amount of the "cash reserves" line --item-paid. by .the. C.fI .Kin each year.... This amount. ~,Nrill be_calculated. by determining the 2007 and.. . 2008 rates with and without the inclusion of the "cash reserve" line item and then determining the 656rence between the CITY'S 2007 and 2008 payments based on the items (a) through (d) with and without the inclusion of the "cash reserve" line item. Upon the facility becoming a COUNTY general fund obligation or termination of this Agreement for any reason whatsoever by either Party, the COi3NTY agrees to reimburse the CITY that portion of the "cash reserve" which it paid in calendar year 2007 and 2008. The COUNTY dill establish rates and bill separately for items (0 and (g) as fellows: (f) Per day fee for court ordered placement of sobrietor units in homes of persons that are not on electronic home rnonitorina. This fee has been set at $10.00 per day by the COUNTY. There is no precise methodology used to establish this fee. The COUNTY «rill continue to charge a $10.00 per day fee for this service until a new methodology is itdopted. Once a new methodology is adopted, the COUNTY will give the CITY thirty (30) days advance notice prior to imposing the new fee and the basis for the adjustment. (g) Per day for court ordered placement of sobrictor units in homes of persons that are on electronuc home monitoring in addition to the fee rate forth in (d) above. The COUNTY leases sobrietory units. The methodology used to establish the per day cost takes the actual lease cost of each sobrietory unit per day and rounds it up to the nearest dollar. In the event the COUNTY leases sobrietory tuiits from a new suppler or purchases sobrietory units, the per day fee will be revised using the same methodology for leased units or a new methodology for purchased units. In such instance, the COUNTY will give the CITY thirty (30) days advance notice prior to imposing the new fee and basis for the adjustment. Page 15 of 1.8 Applying the above methodology, the 2006 calendar rates are: - (a) $66.55 per day for each person participating in a confinement program. (b) $36.99 per day for each person participating in work release program. (c) $54.53 per day for each person participating in work crew program. (d) $23.42 per day for each person paficipating in Electronic Home Monitoring (EHIM). (e) Special Services - to be negotiated on a yearly basis. Disputes as to the amount to be billed for any Special Service, other than those set by the independent cost allocation plan preparer, shall be resolved in the same manner as disputes over billings addressed hereinafter. Agreement on Special Service fees shall be evidence by a written memorandum signed by the Parties representatives identified in Section No. 7. _ (fj _ _........$10.00 per day-. for court _ordered_placement__of sobrietor. -units in. homes.- of persons that are not on electronic home monitoring. (g) $ 4.00 per day for court ordered placement of sobrietor units in homes of persons that are on electronic home monitoring in addition to the fee rate forth in (d) above. The COUNT Y'will bill the CITY :for all services monthly as provided for in Section No. 5. At the end of the calendar year 2006 and all subsequent years, using the actual yearly expenditures for.Geiger..the. plan .preparer. NN-rill calculate. the actual. fees for items (a) through (d) .that.year.. ,The.. _ COUNTY shall then use actual CITY services required for that.year to determine what the CITY should have paid the COUNTY during the previous calendar year. The CITY will have sixty (60) calendar days from its receipt of the expenditure documentation to provide the COUNTY vvith any written objections(s) to such documentation. The written objection(s) must specifically identify the expenditure(s) in question. The COUNTY agrees to consider all written objections received from the CITY within thirty (30) calendar days of receipt of the objections(s). In the event that the PARTIES cannot mutually resolve any written objection(s) submitted by-the CITY within the thirty (30). calendar. days time.frame, or such other time.frarne as._ the PARTIES may mutually agree, the objections shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 17. Pending resolution of the objections(s), the PARTIES agree. that the CITY shall pay that portion of the bill that is undisputed. To the extent that the CITY overpaid the COUNTY for the previous calendar year, it shall receive a credit on the next monthly billing following the reconciliation. In the event that the CITY underpaid the COUNTY for the previous calendar year, it will receive a debit on the next monthly billing following the reconciliation. In the event that the CITY overpaid the COUNTY and it is the last year of the Agreement, the COUNTY will pay the CITY any amount owing and due within thirty (30) calendar days of the reconciliation. In the event that the CITY underpaid the COUNTY and it is the last year of the Agreement, the CITY -Mtl pay the COUNTY any amount owing and due within thirty (30) calendar days of the reconciliation. The Parties agree that no interest shall be Page 16 of 18 oiNing by either Party to the other Party for any overpayment or underpayment determined as a result of the reconciliation. Any resolution of a disputed amount through use of the arbitration process identified in Section 17 shall include at the request of either Party, a detemn.i.nation of whether interest is appropriate, including the amount. There will be no reconciliation for items (e), (f or (g). It is the PARTIES intent that any reconciliation take place as soon_ as possible and accordingly will use their respective best efforts to timely prepare, disseminate and review all expenditure documentation. -Fhe.COUNTY. shall not claim any. additional.charge(s).for.any. calendar. year more-than. siaty (60) days after the reconciliation has taken place for that calendar year. The Parties agree that if the COUNTY claims any additional charge(s) widl-Lin sixty, days after the reconciliation for any calendar year, the CI'T`Y shall have the ability to dispute such additional charge(s) within sixty (60) calendar days after receipt of any billing for any additional charge(s). The dispute shall be processed in the manner set forth herein .for a billing or reconciliation. The COUNTY provides certain services that are charged to the individual participating in the prograrn(s) such as electronic monitoring. If the participant is unable to pay for such service, the CITY may pay for such service in lieu of the participant having to be incarcerated.. - For the purpose .of this Exhibit a "day" shall include any period of time within a 24-hour (day) timcframe in which a person participates in a confinement, work crew or work release program. The first day shall be a. billable day and the last day shall not be a billable day. In determining if the CITY should be billed in conjunction with receiving Services under this Agreement; the Facility booking officer will access the Jail Management System (f MS). The CITY shall be responsible for fees under this Agreement when.JIMS indicates-a- CITY charge is the principal basis for booking a person in the Spokane County Jail where one -or more of the following applies, whether pre-trial or post-trial or self surrender: (a) The person is booked for violation of a ary, ordinance; or (b) °T•he person is booked for violation of a misdemeanor or gross misdemeanor committed witlLin the CITY; or (c) The person is booked for a warrant relating to (1) (a) and (1) (b) above. Page 17 of 18 A CITY charge is not the principal basis for confining a person where: (a) The person is booked exclusively or in combination with other charges by reason of a felony charge (including 727hour hold). Provided, after the felony charge is released, the CITY shall be responsible for fees as they relate to pending CITY charges; or (b) The person is booked exclusively or in combination with other charges by reason of a felony charge that has been reduced to a CITY misdemeanor or gross misdemeanor; or (c) The person is a federal prisoner who can be removed by a federal agency without regard to the CITY charges. Provided, this provision does not apply when the federal booking is an administrative hold pending release of CITY charges. The CITY shall also be responsible for fees under this Agreement when JMS indicates that a person was booked in the Spokane County Jail under multiple charges only for misdemeanor or gross misdemeanor charges originating from the CITY'S jurisdiction. By way of example: (a) Prisoner held or processed on both felony and CITY misdemeanor or gross misdemeanor charges. (i) Concurrent bookings/detention. No charge, the more serious felony offense _ W control. (ii) Consecutive bookings/detention. Upon release of the felony offense the billing for CITY charges lA ill commence. ' (b) CITY misdemeanors or gross misdemeanor charges and COUNTY or another City's misdemeanors or gross misdemeanor charges. (i) Concurrent bookings/detention. (a) Arresting agency will be initially billed when charges are at same level. (b) CITY will be-billed if during transport for another City/County in transit book>lig, a CITY charge(s) is found and causes the individual to be booked and removed from in transit until released on CITY charge(s). Page 18 of 18 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 11/14/06 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business x❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Preliminary Legislative Agenda and Prospective Lobbyist Services GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: On November 7, the Council considered various legislative topics to determine how best to protect and promote the interests of the City. The Councilmembers also discussed a desire to retain the services of a registered lobbyist to assist the City Council to accomplish its legislative program. A Request for Proposal was issued and responded to. Respondent interviews were held on October 17. BACKGROUND: On November 7, the City Council identified the following matters of legislative interests to be advanced on behalf of the City during the upcoming session of the Washington State Legislature. The items discussed are listed below (not in any priority order): A) Securing state funding for the Universal Park project at Mirabeau Point; B) Perform groundwork for increased state funding for street preservation and maintenance; C) Encouraging state financial support for Project Access; D) Urging streamline sales tax programming that avoids adverse effects on Spokane Valley; E) Supporting annexation regulations that would allocate 10 years of County road taxes to the annexing jurisdiction; and, F) Vetting proposals that increase REET funding in lieu of imposition of development related impact fees. The Council considered additional tasks for a prospective city lobbyist such as: 1) Creating an effective presence for the City in Olympia so that legislators are aware of our active interest in pending legislation such as Growth Management Act revisions: 2) Alerting the Council of emerging issues that may have a positive or adverse effect on the City; and, 3) Identifying new revenue and grant funding opportunities, - OPTIONS: 1. Give the matter further thought. 2. Maintain the status quo. 3.' Move forward with authorizing a contract for lobbyist services based upon the initial scope of services identified above. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or designee to negotiate and finalize a professional services contract under the City Manager's purchasing - authority. BUDGETIFINANCIAL IMPACTS; Estimated expenses between $15,000 and $36,000 depending upon the agreed scope of services. $40,000 for this purpose has been allocated in the proposed F 2007 budget. STAFF CONTACT: Dave Mercier and Nina Regor i CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information X admin. report X pending legislation AGENDA ITEM TITLE : Amended Fee Resolution GOVERNING LEGISLATION: Resolution 06-014 contains the existing fee schedule for the city. PREVIOUS COUNCIL ACTION TAKEN: Resolution 06-014 was passed in July of 2006 and included updated city fees. As the city moves into 2007 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. Deleting the blasting permit fee 2. Increasing the storm water fee from $20 to $21 per Equivalent Residential Unit to parallel Spokane County fees. 3. Updating right of way permit fees (pending review) 4. Updating development fees: Subdivisions Preliminary Plat from $2,150 + $40/lot to $2,324 + $40/lot Final Plat from $1,250 + $10/lot to $1,424 + $10/lot Short Plat Preliminary Plat 2-4 lots from $750 to $924 Final Plat 2-4 lots from $1,050 + $10/lot to $1,224 + $10/lot Preliminary Plat 5-9 lots from $1,250 + $25/lot to $1,424 + $25/lot Final Plat 5-9 lots from $1,050 + $10/lot to $1,224 + $10/lot Binding Site Plan Binding Site Plan from $1,500 to $1,674 Binding Site Plan Modification from $1,300 to $1,474 OPTIONS: Make changes to the proposed fees. Leave the fees as they exist today. RECOMMENDED ACTION OR MOTION: Staff recommends council consensus to include these revisions in the fee resolution, which is scheduled for formal adoption November 28, 2006. These proposed changes would be effective January 1, 2007. BUDGET/FINANCIAL IMPACTS: General fund fee increases are intended to keep city fees at a level where costs are recovered. The storm water fee will generate an estimated increase of $75,000 for storm water projects and programs. STAFF CONTACT: Ken Thompson, Finance Director r h Proposed Fee Resolution NOVEMBER 14, 2006 KEN THOMPSON Proposed Fee Resolution, Continued • Delete Blasting Permit Fee • Increase Storm Water Fee • Right of Way Fees • Subdivision & Binding Site Plan Fees 1 CITY S pokane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ citvhall©spokanevalley.orP, Memorandum To: David Mercier, City Manager and Members of Council From: Nina Regor, Deputy City Manager Date: October 24, 2006 Re: 2007 Budget - Follow-up Information from October 10, 2006 Meeting At the October 10 meeting, Council had some questions about the proposed increase to some development fees.. The purpose of this memo is to provide additional information. Development Fee Increase The Master Fee Schedule includes a proposed increase to certain development fees: Development Fee Increase Proposal: Fee Tye Current Proposed Subdivision Preliminary Plat $2,150 + $40/lot $2,324 + $40/lot Final Plat $1;250 + $10/lot $1,424 + $10/lot Short Plat Preliminary Plat 2-4 Lots $750 $924 Final Plat 2-4 lots $1,050 + $ 1 0/lot $1,224 + $10/lot Preliminary Plat 5-9 Lots $1,250 + $25/lot $1,424 + $25/lot Final Plat 5-9 Lots $1,050 + $10/lot $1,224 + $10/lot Binding Site Plan Binding Site Plan $1,500 $1,674 Binding Site Plan Modification $1,300 $1,474 The City's development fees arc based on a philosophy of cost recovery. So far, the City's fees only include direct costs, not indirect costs such as administrative overhead. That remains true with this proposed increase. The Finance ]department will be looking at all of the City's fees in 2007 and will present an analysis to Council regarding the incorporation of administrative overhead. 2007 Budget - Follow-up Information from October 10, 2006 Meeting, continued October 24, 2006 Page 2 of 3 Major Cost Factors Newly Incorporated into the Fees: The fees listed above incorporate both planning and engineering direct costs. When the engineering portion of the fees were calculated, only the engineers' development review time was factored in. It did not include other direct costs of Public Works activities, such as development construction inspection and traffic engineering review. 9 Development Inspection: o Inspect the infrastructure of private development projects during construction o Review the testing and quality control data for the infrastructure Traffic Engineering Review: o Impact studies to validate concurrency standards of development projects • Development access points The 2007 proposed budget includes the addition of 1.0 FTE Assistant Engineer for Traffic and .60 )'TF_ Construction Inspector (added to the existing .40 FTE). The purpose of the Development Construction Tnspector is to oversee the infrastructure of private development projects. In addition, this position reviews the required construction certification packages which include the testing and quality control data for the infrastructure, and is responsible for the backlog of sureties left over from the County. At .4 F'TE, the position has been vacant since 2005, due to a lack of qualified candidates willing to accept part-time employment. The City has been contracting with a private firm since early 2006 at a significantly higher hourly rate, and an anticipated annual cost of $90,000 (compared to $72,000 for 1.0 FTE City employee). The $90,000 contract purchases approximately .3 FTE level of service. This position is attributed 100% to development cost recovery. The workload for the traffic division has outgrown the capabilities of one engineer. The 2007 proposed budget includes the addition of a 1.0 FTE Assistant Engineer for traffic assistance. The City anticipates spending $80,000 in 2006 to contract for engineering assistance. This provides approximately .4 FTE level of service, and the need is 1.0 FT.E. About 25% of this position's time would be attributed to development-related activities. Examples include reviewing traffic impact studies to validate that concurrency standards are appropriately applied to all development, and reviewing development access points. These activities were not included as part of the above fees. However, they are legitimate costs eligible for recovery. Staff estimates that they require about three hours of staff time. The currently adopted fee schedule includes a $58 hourly rate for City Employees (unless otherwise specified). Each fee is therefore proposed to be increased by $174. The question about fee comparability was raised at the meeting. Following is a comparison of Spokane Valley's proposed fees with three neighboring jurisdictions: The City of Spokane, Spokane County, and Liberty Lake. 2007 Budget - Follow-up Information from October 10, 2006 Meeting, continued October 24, 2006 Page 3 of 3 Spokane Valley is higher in some fees and lower in others, but it must be noted that each -jurisdiction takes a different approach to calculating development fees, and viewing these fees in isolation may result in a distorted picture. Spokane Valley has not had the opportunity to do a comparative analysis of total development costs. Fee Type Spokane Valley Spokane (Cif)) Spokane Liberty Lake tq used Cuunty Subdivision Preliminary Plat $2,324+ $2,650+ $1,844+ $1,633 + $14/lot S40/lot $66/acre S I Mot 5 or more) Final Plat S1,424+ $1,240+ $936 + $12/lot $829 +S10/lot $10/lot $14/lot (10 or more 1 ots Short Plat Preliminary Plat 2-4 Lots $924 $2,810+ $720 (2 lots); $638 (2 lots); $35/acre $1,107 (3 lots) $956 (3 lots); $1,276 (4 lots Final Plat 2-4 Lots $1,224+ $1,115 + 18/lot $358 (2 lots); $318 (2 lots); S l0/lot $541 (3 lots) S479 (3 lots); $638 4lots) Preliminary Plat 5-9 Lots S1,424+ $2,810+ $1,440 (4 or $1,633 + $14/lot $25/lot $351acre more +$14/lot _ Final Plat 5-9 Lots $1,224-1- S1,115+ $720 (4 or $829 + $10/lot 'l. $10/lot S18/lot more+S14/lot Binding Site Plan Binding Site Plan S1,674 $2,810+ $1,872+ $1,659+ $35/acre $12/lot $10/lot Binding Site Plan $1,474 80% of fee $720 $638 Modification under schedule Final Binding Site Plan n/a $1,820+ $1,440 n/a $17/acre CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO.06-0 A RESOLUTION OF TBE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ATTENDING RESOLUTION 06-014, AND APPROVING AN ATTENDED iVIASTER FEE SCJ-TFDULE W IEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically, the fee resolution must be updated to incorporate new or modified services; and WHEREAS, Council desires to modify the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section 1. The changes needed at this time are incorporated into the attached schedules, and include (1) deleting a blasting permit fee (page 5); (2) increasing the storm water fee per equivalent residential unit to $21 from $20 (page 18); updating the right of way obstruction permit (page 9); and updating plat/binding site plan fees (pages 3, 4). -Section 2.-- Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein, they are repealed. Section 3. Effective Date. This Resolution shall be in full force and effect on January 1, 2007. Approved this _ day of November, 2006. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Diana Wilhite, Mayor Approved as to form: Office of the City Attorney AMENDED MASTER FEE SCHFD)ULE Fee Schedule Page No. Schedule A: Development 3 Schedule B: Building 5 Schedule C: Fire Code 13 Schedule D: Parks & Recreation 16 Schedule E: Administrative 19 Schedule F: Other Fees 20 i Fee Resolution 06- Page 2 of 19 MASTER FEE SCHEDULE ` Schedule A - DEVELOP]Vi_ENT AMENDMENTS Comprehensive Plan amendment $1,500.00 Zoning or other code text amendment $1,500.00 APPEALS Appeal of Administrative Decision $1,000.00 Appeal of Hearing Examiner findings $300.00 Transcript/record deposit fee on appeals of Hearing $150.00 Examiner's decisions Appeal of determination trade pursuant to SVMC $500.00 10.30.150-.660 ENVIRONMENTAL REWEW State Environmental Policy Act (SEPA) Single dwelling (when required) 5100.00 All other developments 5350.00 Environmental Impact Statement (EIS) Review $27200.00 Addenda of existing EIS Review $350.00 Shoreline Substantial Development Permit $800.00 Critical Areas S300.00 Floodplain Permit $50.00 Per lot PERMITS Home Occupation Permit S80.00 Conditional Use Permit $800.00 Temporary Use Permit $150.00 PLATS Subdivisions Preliminary plat $2,324 S2,150.00 Plus $40.00 per lot Final plat $1,424 $1,250.00 Plus $10.00 per lot Short Plats Preliminary 24 lots $ 924 $750.00 Final Plat 2-4 Lots $1,224 S1,050.00 Plus $10.00 per lot Preliminary plat 5-9 Lots $1,424 51,250.00 Plus $25.00 per lot Final Plat 5-9 Lots $1,224 S1,050.00 Plus $10.00 per lot Fee Resolution 06-- Page 3 of 19 Plat Alteration Subdivision plat $650.00 Short plat $265.00 Binding Site Plan. Binding site plan modification $1,474 $1,300.00 Change of Conditions no change S650.00 Binding site plan $1,674 $1,500.00 Aggregation/Segregation Lot line adjustment $100.00 Lot line elimination $100.00 Zero lot line $100.00 Plus $10.00 per lot SIGNS Review of permanent sign $50.00 Plus $25.00 if Public Works review is needed Review of temporary sign $50.00 SITE PLAN REVIEW S550.00 STREET VACATION APPLICATION $1,300.00 VARIANCES Administrative $300.00 Public Hearings $1,500.00 ZONING Zoning map amendments (rezone)* $1,650.00 PUD plan $1,500.00 Plus $25.00 per lot PUD modification $500.00 *If rezone is combined with other action(s), cost of other action(s) is additional. Note: The Building Official is authorized to require the permit applicant to provide fee reimbursement to the City of Spokane Valley for any professional services required outside of City staff review. Some examples of potential outside resources include plan review, construction inspection and surveying. Fee Resolution 06- Page 4 of 19 I Schedule B -HU'.1.LD The building code permit fees 4ze collected at the time of the issuance of the building permit, Other :fees are also to be collected at the time of the issuing of the builclu permit- Each depaitinent fox whom the fee is collected is to advise the permit specialist of fees due. DINGY Permit Fees Cubic Yards FE r-I 140 or less 520.00 141 to 1,000. - 520.04 for the first 100 u. Yd., plus $7.04 for each additiona1190 u. Yd. 1,001 to 10,000 583.00 for the first 1,041 Cu. Yd., plus $6.04 far each additional 1,000 u. Yd. 1[),1101 to 100,004 $147.00 for the first 14,004 u. lid. plus 515.04 for each additional 10,000 Cu. Yd. 100,001 to 200,000 $365.00 for the first 1. 00,000 Cu. Yd. plus $15.00 for each additional 100,000 u. Yd. 200,000 or more $503.00 for the first 200,000 Cu. Yd. plus $15.40 for each additiona12 0 0,0 00 C Yd. Blasting Permit Fee iTjfe alety) $ 0 Delete I'lans Checking Fees Cubic Yards FEE 50 or less No fee 51 to 100 $12.00 101 to 1,1!04 $20.00 1,001 to 10,004 $25.00 1.0,11111 to 100,040 $25.00 for the first 14,040 u. Yd. plus 7.00 for each additional 10,000 Cu. Yd. 140,001 to 200,000 595.00 for the fiat 100,000 Cu. Yd. plus $6.00 fur each additional 10,000'Cu. Yd. 200,001 or more 5158.40 Land Clearing only (withoA earth bein,- moved) . $65.00 Paving .Fermit (greater than. 5,000 SP - new paving only) $250.00 Fee Resoiutiorn 06- Vage 5 of 19 STRUCTURAL ODE - Buikling permit fees for each project arc set by the following fee schedule. The table be]o is to be used to determine the building permit fees and plans check fees based oar the value of the construction work as stated by the applicant or the value calculated by_ the Building Official using the latest valuation data published in the Building Safety Journal b the Lnternational Code Council, wh ichever value is greatest. Valuation Table Total Valuation Fee S1 to 525,000 $69.25 for the first $2,000 plus $14 for each additional 51,000, or fraction thereof, up to and including $25,000 $25,001 to $50,000 $391.25 for the fimt $25,090 plus $10.10 for each additional S1,00, or fraction thereof, up to and including 550,000 -$50,001 to $10i1,000 St543.75 for the first 550,000 plus '$7 for each additional $1,000, or fraction thereof, up to and including 5100,1100 $100,001 to $500,000 $993.75 for the first $1.00,000 plus $5.60 for each additisonaI 51,000, or fraction thereof, up to and including $500,000 $500,001 t4) $1,000,000 $3,233.75 for the first $500,000 Plus $4.75 for each additional $1,000, or fraction thereof, up to and including $1,000,000 51,000,000 and up 55,608.75 for the-first $1,000,000 plus $3.X5 for each additional $1,000, ur fraction thereof Valuation Exceptions Fee Per Square Foot Private garages (wood frame) 519.00 Private garages (Masionry) 522.00 Pole buildings 1.01 Opea carport, decks, porches $15.00 Plans Review Fees 'For other than siVis, one and two family residential structures and the associated accessory buildings or structures, a Plans 'Review Fce Deposit of $200 shall bu collcctcd at the time of acceptance of the Building Permit Application. Thu application shalt be, accepted only when the application is determined to be complete by twity staff-, For signs, one mid two famiIy residential structures and the associated accessory buildings or structures, no plan review deposit wilI. be required at the tim5 of Building Permit Application submittal. The balance of the Plan Review Fee shall be collected at the time of BUiIding Perm it issuance along with the WSB C Fee. Any excess deposit collected during the {ipplication process shall be applied to the Building Permit Fec. Mans Review Fees arc not refundable once the plan review has been started. Plans Review Fecs are additional to ]wilding permit Fees. Fee esoltition 00-_ Page CP of 19 Plans review fee (general) 65% Of bldg permit fee Plans review fee - Group R-3 occupancies (single 40% Of bldg permit fee family less than 7,999 sq. ft.) Plans review-fec - Group R-3 occupancies (single 65% Of bldg permit fee family 8,000 sq. ft. or greater) Plans review fee - U-1 or U-2 occupancies (sheds, 25% Of bldg permit fee barns, etc.) Plans review fee - temporary tent or structure 25% Of bldg permit fee Initial Plan Review Fees shall be capped at $35,000 maximum with the following exception: Exception #1: If additional professional resources are required for individual project plan review for those projects that reach the maximum Plan Review Fee, the Building Official shall be authorized to require the permit applicant to provid6 those resources to the'City of Spokane Valley. If a-set of plans already checked and approved is resubmitted by the owner or his/her agent, an hourly rate of $58.00 will be applied for the re-review. PLUMBING CODE The plumbing code fees will be collected when the associated pennit is issued. If the plumbing is included in the Building Permit the unit costs are added, but not the basic plumbing permit fee. A. Basic fees 1) Basic fee for issuing each permit $35.00 2) Basic for each supplemental permit S7.50 B. Unit fees (in addition to the basic fee) 1.) For each_ plumbing fixture on a trap (including $6.00 garbage disposals, dish washers, back flow device, drainage, hot tubs, built in water softener, water closets, lavatories, sinks, drains, etc ) 2) Private sewage disposal system $20.00 3) Water heater S6.00 Each 4) :Industrial waste pretreatment interceptor $15.00 includint- its trap and vent, except kitchen type 111 grease interceptors functioning as fixture traps. 5) Repair or alteration of water piping, drainage $6.00 Each fixture or vent piping 6) Lawn sprinkler system on any one meter $25.00 7) Atmospheric type vacuum breaker S6.00 Each 8) Backflow protective device other than S6.00 Each atmospheric type vacuum breakers 9) Medical gas $6.00 Per outlet 10) Interceptors $6.00 Each Fee Resolution 06- Page 7 of 19 MECHANICAL CODE Tile mechanical code fees will be collected when the associated permit is issued. If it is included in the Building Permit, the unit costs are added, but not the basic mechanical permit fee. A. Basic fees 1) Basic fee for issuing each permit $35.00 2)* Basic for each supplemental permit $7.50 13. Unit fees (in addition to the basic fee) 1) Furnaces & suspended heaters - Installation or relocation a. up to and including 100,000 btu $12.00 b. over 100,000 btu $15.00 2) Duct work system $10.00 3) Beat pump & air conditioner a. 0 to 3 tons 51.2.00 b. over 3 to 1.5 tons $20:011 c. over 15 to 30 tons $25.00 d. over 30 to 50 tons $35.00 e. over 50 tons $60.00 4) Gas water heater $10.00 5) Gas piping system 51.00 Per outlet 6) Gas log, fireplace, and gas insert installation $10.00 7) Appliance vents installation; relocation; $10.00 Each replacement 8) Repairs or additions $15.00 9) Boilers, compressors, and absorption systems a. 0 to 3 hp -100,000 btu or less $12.00 b. Over 3 to 1.5 hp -100,001 to 500,000 btu $20.00 c. Over 15 - 30 hp - 500,001. to 1,000,000 $25.00 btu d. over 30 hp -1,000,001 to 1,750,000 btu $35.00 e. over 50 hp - over 1,750,000 btu 560.00 10) Air Handlers a. Each unit up to 10,000 efm, including $12.00 ducts b. Each unit over 10,000 cfm $15.00 11) Evaporative Coolers (other than portable) $10.00 12) Ventilation and exhaust a. Each fan connected to a single duct $10.00 b. Each ventilation system $12.00 c. Each hood served by mechanical exhaust $12.00 13) Incinerators a. Installation or relocation of residential $19.00 b. Installation or relocation of commercial 522.00 14) . Appliances, each $10.00 15) Unlisted appliances a. under 400,000 btu $50.00 b. 400,000 btu or over $100.00 Fee Resolution 06- page 8 of 19 16) flood a. Type I $50.00 b. Type 11 $10.00 17) I.. P Storage tank $10.00 18) Wood or Pellet stove insert $10.00 19) Wood stove system - free standing $25.00 ENERGY CODE Energy Code Plans check fee is also established to check to meet the requirements of RCW 51-11 WAC. These are in addition to the Building Code fees. If City inspectors are assigned to verify Energy Plans, the following fees apply. If an outside energy inspector is required, that fee will be determined by the outside agency. Residential Remodel/Addition $_0_ New Single Family $_0_ Tenant Trnprovement A. 0 to 10,000 square feet $35.00 B. 10,001 square feet and over $45.00 C. Multi-Family $60.00 Per building D. New Commercial and industrial $90.00 OTHER -BUILDI G CODE; FIET.S . Annual Permit Annual Spokane Valley Building Permits used to: 1) maintain equipment or buildings, 2) construct or remodel small areas of assembly occupancies, or 3) install tents or membrane structures may be available depending upon the determination of the valuation of work made by the Spokane Valley Building Official. Certain record keeping and inspection responsibilities shall be established in a site specific Spokane Valley Annual Permit Agreement. Approach Permit $50.00 Demolition Permit Single Family Residence $44.00 Commercial buildings $125.00 Garage or accessory building associated with a $20.00 residence or commercial building Septic tank or underground flammable tank associated $10.00 Each with a residence or commercial building Early Start Agreements (Foundations) 25% " Of bldg permit fee Right-of-Way Obstniction Permit see below 570.00 Fee Resolution 06- Page 9 of 19 Category Fee 1. S70 2 $105 3 51.60 4 5200 5 5160 A traffic control plan review is required if more than 50% of the width of any street is closed or if a single arterial lane is closed. Plan review fee $50 If a category 5 permit requires additional time, the additional fee is $40 for each additional 3 days or part thereof. Multiple-use and long-duration permits shall require a deposit. Sign Fees Fees collected for a sign permit and a plans check fee for signs erected in accordance with the Sign Code. The fee below plus the WSBCC fee of $4.50. Signs mounted on buildings $45.00 Sign and pole mounting $65.00 Temporary Certificate of Occupancy $50.00 Washington State Building Code Council (W.S.B.C.C.) Surcharge A flat fee of $4.50 will be collected on each permit for approved plans & any other permit that is issued in accordance with the Spokane Valley ]wilding Code. EXCEPT: For multi-family projects, the fee is $4.50 for the first living unit and $2.00 for each additional unit. The City Finance Department will forward this fee to the WSBCC on a quarterly basis. OTHER MISCELLANEOUS FEES A. For City personnel 1) Hourly rate set for City Employees (unless $58.00 otherwise specified) 2) Overtime charges 1.5 times regular rate B. Hourly rate for contracted services Set according to contract rate C. Hourly rate for special called inspections $58.00 Fee Resolution 06-- Page 10 of 19 F " D. Mobile home location permit and inspection 1) Temporary mobile home $60.00 2) Manufactured home inspection, per section $50.00 E- House Moving Fee 1) Class I, fl, and III - Moving permit $60.00 2) Class I, TI, and III - Inspection fee $60.00 3) Class IV (if already permitted by Spokane $ -0- County or Spokane City) * Plus basement/crmvlspace valuation permit fee "Plus $58.00 per hour after the.1" hour, and $.50 per mile if the building to be moved into the City is outside the City limits Fee Resolution 06-- Page 11 of 19 F. Minimum Housing Inspection fee $55.00 Plus $58.00 per hour after 1" hour G. Work on any structure or building without a permit if a Spokane Valley Permit is required: 1) Minimum investigative inspection fee $55.00 2) Total investigative fee to be equal to the permit fee determined for the value of the illegal work accomplished H. Special inspections (requested by owner or tenant) 1) Fire, wind, mud slide or flood damage $60.00 2) Day Care $60.00 3) Nursing Homes, hospitals, et al $60.00 Plus S 58.00 per hour after 1st hour 4) Special Occupancies $60.00 1. Excess inspections for a given project created by $58.00 Per inspection or the developer, owner or contractor re-inspection J. Condominium conversion plans review/inspection Based on value of fee project and bldg code valuation K. Temporary tents, canopies, and air supported structures for public use; inclusive of all tents for a single event, It does not apply to tents less than 200 sq. ft., canopies less than 400 sq ft, camping tents, or to tents used for private, non commercial events. 1) Plans check fee $13.00 2) Basic permit fee $60.00 L. Enclosing an existing deck or patio 1) Plans check fee 40% Of the basic fee for plans examination 2) Basic permit fee Based on value of project; minimum $3,000 M. Swimming pools (Over 5,000 gallons) $50.00 Plus plumbing fees N. Re-roof Permit: Fee based on the value of the project. No plan review fee will be charged unless plans are submitted for review. 0. Change of Use or Occupancy Classification permit 547.00 P. Towers, elevated tanks, antennas Based on value of project BUTLDIFNG CODE FEE REFUND POLICY No Permit Fee refund is allowed once the work has been started. If a refund is requested, the request shall be addressed to the Building Official in writing, and shall be received at the Spokane Valley Permit Center within 180 days of the date of issuance of the permit. Any fee refund request received after 180 days of the date of permit issuance shall be denied. Any refund approved shall be limited to 80% of the total Permit Fee paid. Refunds shall be limited to Building, Plumbing and Mechanical Permit fees paid to the City of Spokane Valley. Fee Resolution 06- Page 12 of 19 Schedule C - EIRE CODE F.1 RE ALARM, SPRINKLER AND OTHER PROTECTION SYSTEMS City processing fee of $35 is added to these Fire District 1 fees. Plans check and review fees, inspections, and permit for installation of separate fire alarm system or sprinkler system applications, and other Fire protection systems. Fire Alarm System New installation 1-4 devices $150 5-100 devices $250 Additional 100 devices S 50 Each additional panel $ 40 Sprinkler supervision only $ 75 Each additional floor $ 40 Fire Sprinkler Systems 1-9 heads $ 53 10-49 $165 50-100 $275 101-200 $325 201-300 $350 301-400 $375 401-500 $425 500+ $500 + $.33 per head For hydraulically designed systems multiply the above .fee by 2 New Suppression Systems Range hoods, halon, C02, dry chemical, FM. 200, intergen spray booths, etc. Unit 1-5 nozzles $100 Over 5 nozzles $100 + $1.0 per nozzle Bottle(s) $30 per bottle Fire Pump installation flan review & inspection fee $500 Underground Fire Mains - Plan review and inspect. $150 Standpipes not a part of automatic suppression system Plan review and inspection $150 Pee Resolution 06-- Page 13 of 19 Other Protection Systems Fire extinguishing system (other than sprinklers) - S 50 plus $1.50 per nozzle Standpipe installation Class I and Class 11 $ 58 Class III $ 70 Tank installation - per tank Flammable and combustible liquids - storage tanks installation $-60 Hazardous materials- storage tanks installation $ 60 Liquefied petroleum $ 60 Gaseous oxygen systems $ 60 Nitrous systems S 60 Medical gas systems $ 60 Hazardous material recycling systems $ 60 Vapor recovery system $ 60 Cryogenic $ 60 Removal, abandonment or any combination thereof of flammable or combustible liquid storage tanks $ 90 Emergency or standby commercial power generator install S 60 PERMITS Conditional Use Permit $ 60 Temporary Use Permit $ 60 Tents/canopy Permit (event) To be determined PLANS CHECK AND REV-fEW BY THE BUREAU OF Ff E PREVENTION New commercial plans check and inspection (for projects not mentioned elsewhere) $ 60 LAND USE Subdivision/PUD Preliminary $120 Final $ 60 Short Plat Preliminary $120 Final $ 60 Fee Resolution 06- Page 14 of 19 Schedule D - PARKS & RECREATION ADMINISTRATIVE FEES Basic fees to be considered when applying rates Administrative Fete 530.00 Refuse Fee 550.00 AQUATICS Pool admission (age 5 and under) free Pool admission (age older than 5) $1.00 Pool punch pass (25 swims) 520.00 Weekend family discount 1 child under 13 free with paying adult Reservation (less than 50 people) $100.00 Per hour£ Food fee (if applicable) $25.00 Reservation (50 - 100 people) $125.00 Per hour's Food fee (if applicable) $50.00 Reservation (101 -150 people) 5150.00 Per hour* Food fee (if applicable) $75.00 *Mini nuin 2 hours ALCOHOLIC BEVERAGE PER MT Alcoholic Beverage Permit Fee S10.00 CEiVTERPLACE Conference Center Wing Auditorium $75.00 Per hour Auditorium $450.00 Per day Auditorium $225.00 Per half day Auditorium w/Prescutation System $50.00 Per hour Auditorium w/Presentation System $300.00 Per day Auditorium w/Presentation System $150.00 Per half day Auditorium Deposit $50.00 Executive Conference Room $50.00 Per hour Executive Conference Room Deposit $50.00 Meeting Room (Day & Evening Use) S40.00 Per hour Meeting Room $250.00 Per day Meeting Room $125.00 Per half day Meeting Room Deposit 550.00 Fee Resolution 06-- page 15 of 19 Great Room KReben WDining Roam Rental. $100.00 Per use Kitchen - Commercial Use (2 hour rnin.) $50.00 Per hater Kitchen Deposit $50.00 Multi-UseJT3anquet Hall $100.00 Per Roar Muld-Use/Banquet Hall $$00.00 hr session Multi-UsefJ3angnet gall 51,500.00 All day (ham-lam) Sewall'Dining Area $50.00 Pee hour Deposit $200.00 Stage $2{1.00 Per section per day Table Settings (linens tableware) $2.00 Per place setting Stui0r Center Wing Louoge Rith Dance Floor $100.4)(1 Per hour Lounge with Dance Floor 5500.00 Per day Lounge Deposit $200.00 Meeting Room (Evening Use) $40.00 Per hour Meeting Room (Evening'Use) 5125.00 4 hr session Meeting loom (Week-end Use)' $250.00 Per day Meeting Room (Weekend X7se) $125.00 Per half day Meeting Room Deposit $50.00 Private )[}fining boom 550.00 Per hour Private Dining Room Deposit $50.00 Wellness Center $100.00 Per hour Miscellaneous Cleanup fee S50-300 Per event flost{Hostess (after hours) 515.00 Per hour Presentation System (includes projector/podium/ $250.00 Per day DVDf C~Rlsound systenilcamcra system) ROOM Setup $25.00 Per hour Satellite Video Conferein eing $250.00 Per hou r Sound System $40.00 Per day Technical Support $40.00 Per boor rIelevisionl CR $75.00 Per day Touch Fad Voting System 5115.00 Rase station per +515.00 day Per keypstd per day EVENTS - includes Pavilion -Events include but are dot limited to activities such as car shows, tournaments and aaivities involving 00 or more people. The T)irector of Parks and Recreation will make the final determination. General Fee $1500) Non-profitapplieations SNO.0 11 Or free with sponsarshipl *Applications for joint sponsorship wtrh the City of Spokane Valley will be comiderod by the Spokane Valley Parks Depm-hnenl. Fee Rr solutioa 06-- Page 16 of 19 FIELD RENTAL Use Fee $25.00 First hour plus $15 each additional hour INDOOR USE Open gym admission $2.00 Playground program admission (10 entries) $20.00 NIIRABEAU N irabcau Springs Small shelter and waterfall S150.00 Maximum 4 hours Refundable deposit (less than 200 people) $50.00 Mirabeau Meadows Shelter (less than 200 people) 580.00 Shelter (200 or more people) $150.00 Refundable deposit (less than 200 people) S50.00 Refundable deposit (200 or more people) $250.00 PICNIC SHELTERS Picnic Shelter (less than 200 people) S30.00 Picnic Shelter (200 or more people) $150.00 Refundable deposit (less than 200 people) $50.00 Refundable deposit (200 or more people) $250.00 PROFESSIONAi., PHOTOGRAPHY Permit Fee $25.00 Annual RECREATION Recreation program fees are set to recover costs as specified in the Parks and Recreation revenue policy. VALLEY MISSION ARENA Rental* $100.00 Per weekend Refundable deposit $50.00 *Renter responsible for on-site preparation. Rental requires liability insurance. Fee Resolution 06- Page17of19 Schedule E - ADNHNISTRATIVI'1 COPY FEES Copy of audio tapes, video tapes, photos, maps or other At cost records needing reproduction Copy of written records $0.15 Per page Copy - Large format $3.00 Per page Copy of full documents At cost OTHER ADMI LMISTItATWE FEES NSF Check $25.00 Fee Resolution 06- Page 18 of 19 Schedule 'F - OTHER FEES ADULT ENTEI2TAIlwiENT FEES Establishment Licenses Live Adult Entertainment $1,500.00 Adult Arcade $1,500.00 Other Adult Entertainment Licenses Adult Arcade Device License $1.50.00 Manager License $150.00 Entertainer License $150.00 Late License Fee-Charged in addition to license fee. Percent of Past Due Calendar Days License Fee 7-30 25% 31-60 50% 61 and over 75% BUSENESS REGISTRATION FEES Business registration $13 each year Nonprofit registration $ 3 each year SECURITY FALSE ALARM FEES Repeated malfunctioning security false alarms in a given six-month period. First alarm No charge Second alarm $30.00 Third alarm $70.00 Fourth and subsequent alarms $120.00 STORM WATER UTILITY CHARGE ON DEVELOPED PARCELS Each single-family unit each year S21 20.00 All other properties each year $21 20.00 Per 3,160 square feet of impervious surface TOW OPERATOR ANNUAL REGISTRATION FEE $100.00 OVERSIZED LOAD PERiM*t,r FEE. $25.00 Fee Resolution 06-- Page 19 of 19 CITY OF SPOKANE VALLEY Request far Council Action 11 eeting mate: November 14, 20016 City Manager Sign-off, Item: Check all that apply: ❑ consent ❑ old busIness D new business ❑ public Dearing El informatlon Z adm1n, report ❑ pending legislation AGENDA ITEM, TITLE: Snow Plowing & SErcet wccping I.4 vel of Service GOVERNING LEGISLATION: PRE=VIOUS COUNCIL ACTION TAKEN: BACKGROUND: The attached presentation will provide the background for a discussion on the level of service for snow plowing and strut sweeping. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS_ STAFF CONTACT: Neil }Gersten ATTACHMENT Presentation Snow Removal & Sweeping Level of Service Neil Kersten, Public Works Director John Hohman, Senior Engineer Tim Klein, Maintenance Superintendent November 14, 2006 Snow & Sweeping Level of Service 1 Snow of Service Levels o L City's Superintendent monitors weather reports from consultant and internet & directs County activities Crews available in shifts for 24 hour coverage Plowing Limited operations for snow events ranging from 1 to 3 inches - focuses on problem areas Full plowing activities for snow events exceeding a depth of 4 inches Snow & Sweeping Level of Service 2 Snow -Levels of Service Deicing activities begin prior to snow event Deicer continuously melts snow and ice -can remain effective for several days Sanding occurs during snow event -usually limited to intersections, hills, and corners Plowing performed as conditions warrant - coordination occurs with Police Department Full plow of City takes 4'/2 days with 24 hour operations Snow 8 Sweeping Level of Service 3 Priority 1 Poll wow, slim Jam" . . • -"''-"•'-•~«~.~..f'• _ ~ --a~• 1 ~ry,, 4 _r.~K i• r1i1~. r jf4 h~~ - W~T" . 1'«' I.~~~ 'die. I• A 1 _ Pool loo: T v~l it b. c i t 7t1: bJii - r~r ~~i 11~ 's ~'.1 '~',~fs A~ 1.~-~'i~j~A7. lot look ♦ M I 01, L~ r i 4 .t-.' loop V 1 4,10 hum 20012004 Pdottty I {S{] }q, ~IW i ri ~ Snow Romwal ooll i Snow & Sweeping Level of Service 4 Priority 1 & 2 ~ . ',t r- ~ ~ --L lea ~ f - u ~ ~/a.,.~ii~rP'~•..- ~ •n'~'irr! _ I F~ ~r -.~i_ 1i~1]~~ _ ~ I ! u.. :a _S-ii -fffl.'; I -r i-' • i- I ,.,fr=i.►. AP$ C, ~ r ~ - I 'd- ~I - - 7 - L ~.i w' r g'T nn1~'1~ . rfl. I>A y - .a, / Im 05 ImImb" `2003`x004 Prborny Snow Ramoval 6-r FMK)Myv 77 Snow & Sweeping Level of Service 5 Priority 1 , 2 & 3 OPOI "T 1, f ~ ~ • -;i ~ !~j ~ aril -hi..~. 't j ,_-1 - r h•„ I r C ~ Mi f am Op 1~r;~•M I` rrl i No- 4ti i 3 i { c l - IT 2067-2004 Priority Snow Removal Is Snow & Sweeping Level of Service Priority 1, 2, 3 W' W OCR!) i ~srrs r - A I+ 1en1 ~ {pC1 , E' A j `*9 ~ let"A~A T - ~I '~13 -244 - L - - AM] 1 $i1 ~ ys~ Jhe' $ fi" lllla ,Jr1 ~ L Rll 1 srf171a1"R9117ovall M.~1p~ ~ ~ PRSVFI'T'f 1 mo3ruy ~ I'fiICJHLI"f FFRlOFuryd i Snow & Sweeping Level of Service: 2006/07 Operations Plan = Use of new de-icing product Granular product In lieu of liquid de-icer and sand WSDOT used last year on Trent and Pines Goal is for increased effectiveness combined with a reduction in cost to the Spring street sweeping effort Snow 8 Sweeping Level of Service B Sweeping Level of Service Follows County's historic levels of service Spring cleanup f Majority of annual effort Removes sand and de-icer from roadways Summer maintenance only as needed to remove debris from spills and accidents Fall cleanup Leaves and pine needles Limited activities due to typical narrow window between when leaves fall and snow arrives Snow & Sweeping Level of Service 9 City Budget for 2004 and 2005 Spokane County -Plowing, Sanding, Deicing 2004 $765,204 (Spent $334,757) 2005 $765,204 (Spent $369,037) 2006 $811,116 (Spent to date $72,730) Spokane County -Sweeping 2004 $542,624 (Spent $472,486) 2005 $542,624 (Spent $534,896) 2006' $520,000 (Spent to date $447,417) *Combination of County and Private Contractor Snow & Sweeping Level of Service 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 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: Appleway Avenue Reconstruction Project GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of the 2007-2012 ' Trarisportation' Improvement Program (which includes the Appleway Avenue Reconstruction Project), approval of the selection of David Evans & Associates, Inc. as the most highly qualified firm for the design, right-of-way acquisition, and construction management, Informational Memo in the November 7 Council Packets describing the phasing approach to the Appleway Project. BACKGROUND: At the September 120' Council meeting staff presented a list of proposed projects in which to submit applications for federal transportation grant funding.through SRTC's-2006 Call for - - Projects. At this meeting it was briefly mentioned that the Appleway Avenue Reconstruction Project was being phased and that an application was recommended to be submitted for Phase 2 of the project. This memo is intended to provide more detailed information on the status of the Appleway Avenue Reconstruction Project. Attached is a letter to Glenn Miles of SRTC describing the current funding situation relative to this project. The letter requests approval to split the project into two phases and use the currently allocated federal funds to pay for the phase one improvements. The letter also requests additional federal funds to help cover the projected funding shortfall of $455,102. Also attached is a response to our request from Mr. Miles. In summary the request to split the project into two phases was approved, use of the currently obligated federal funds for phase one of the project was approved, and our request for additional federal funds was denied due to the lack of available funds. Included in Mr. Miles' response is a suggestion to use the $458,768 in federal funds currently allocated to the Valley Corridor Project 2 (Preliminary Engineering (PE) only) to cover the shortfall on the Appleway Avenue Reconstruction Project. If this approach were to be used, funding for the Preliminary Engineering of the Valley Corridor Project 2 (University Road to Evergreen Road) would need to be covered from a portion of the $4.2 million in federal funds currently allocated to the construction phase of the Valley Corridor Project 2. OPTIONS: 1) Use federal STP(U) funds currently allocated to the Valley Corridor Project 2 (PE Only) to cover the funding shortfall on the Appleway Avenue Reconstruction Project, 2) Use city funds to cover the funding shortfall on the Appleway Avenue Reconstruction Project, 3) Delay the Appleway Avenue Reconstruction Project and seek additional grant funds from other sources (TIB?), 4) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Use federal STP(U) funds currently allocated to the Valley Corridor Project 2 (PE Only) to cover the funding shortfall on the Appleway Avenue Reconstruction Project. BUDGET/FINANCIAL IMPACTS: Using federal STP(U) funds currently allocated to the Valley Corridor Project 2 (PE Only) for the Appleway Avenue Reconstruction Project will reduce the financial impact on city resources. Federal funds will cover up to 86.5% of the increased cost on the Appleway project. Additional grant funds will be needed to complete Phase 2 of the Appleway.Avenue Reconstruction Project. Application has been made to •SRTC.-for federal - funding of Phase 2 of the Appleway Project. Additional funding will also be needed to supplement the $4.2 million in STP(U) funds allocated to the Valley Corridor Project 2. The current estimate for the Valley Corridor Project 2 is $14 million. STAFF CONTACT: Neil Kersten, Public Works Director Steve M. Worley, Senior Engineer - Capital Projects ATTACHMENTS September 8, 2006 letter to SRTC, September 26, 2006 response letter from SRTC loop Crrv c~ S pWane Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhaUspokanevalley.org September 8, 2006 Glenn F. Miles Transportation Manager Spokane Regional Transportation Council 221 W. First Avenue, Suite 310 Spokane, WA 99201-3613 Subject: Appleway Avenue Reconstruction - STPUL-3842(002) (Srtc04-20) Dear Glenn: As part of the Appleway Avenue Reconstruction Project, we recently received an updated construction cost estimate from David Evans & Associates (DEA) based on an 80% complete design. The current construction estimate is $4,514,390. This is significantly higher than the original construction estimate of $2,127,796 Spokane County prepared - ' back in 2004 when the STP(U) grant application was prepared. These estimates include a 10% contingency. Attached is a comparison of the two estimates. You will note there are several issues related to the increased estimate including the following: The price of asphalt and concrete has risen substantially in the last two years. • The current road section based on a geoteehnical report from Buddinger is thicker than the county planned. This increases the quantities of roadway excavation, crushed surfacing, and asphalt. • The county's unit price for "roadway excavation, including haul" was significantly lower than currently estimated • There were several bid items not included in the county's estimate. Based on the new increased estimate and the amount of city and STP(U) funds currently obligated to this project, we would like approval to split the project into two phases. Phase One would be from Tshirley Road to Barker Road and would include a new signal at the Appleway/Barker intersection. Phase Two would be the remainder of the project from Barker Road to Hodges Road. We request approval to use all of the currently obligated STP(U) funds for the Phase One project. We would then prepare another grant application for Phase Two seeking Glenn Miles, SRTC 9!8/2006 Appleway Avenue Reconstruction STPUT.-3842(002) Page 2 additional STP(U) funds under the current Call for Projects to complete the improvements. This proposed approach includes completing the design and right-of-way acquisition for both Phase One and Phase Two under our current design contract with DEA. Splitting the contract documents into two bid packages is not currently in our scope of work with DE'A and would require an equitable adjustment of their fee. Attached is also a funding summary for this proposed phased approach. As indicated in the summary, there is still a $455,102 shortfall in funding. We would like to request STP(U) contingency funds to cover this shortfall. Please let me know as soon as possible if this two-phased approach and the utilization of currently obligated STP(U) funds for Phase One is acceptable and if additional STP(U) funds are available. Sincerely, Steve M. Worley, P.E. Senior Engineer - Capital Projects Enclosures: Construction Cost Estimate Comparison, Cc: Louis Graf, City of Spokane Valley Bill McCammon, WSDOT, H&LP _ APPLEWAY AVENUE TSCHIRLEY TO HODGES STPUL-3842(002) Oven/ PT"ea Improvemems COMPARISON BETWEEN DEA S ESTIMATE AND COUNTY ESTIMATE 77 DEA ESTIMATE 8/30/06 COUNTY ESTIMATE 1/6/04 DIFFERENCE BIG FIRM REM IAEIB EST UNIT TOTAL 0_OITEN 17[1 SAM EST MOST TOTAL ►Ir.01Rn..e. MO. QUANTITY PRICE AMOUNT ND QUANTITY PRICE AMOUNT - TIdV U5 1 six.moci 1 000 0091 'M0BIL2ATI0N LS 1 1614 301,814 _ L 1 " oat ER0610PPM1TER POLLUTION CONTROL 01A t 17 30400 37.000 W EROSIOAIAVN!!R CONTROL P%LYTM FA f'EM LO 30290 10 Roc CLEARING AND rRUNDING LB I 310 00000 S 10 00C Om5 " NO APO GRUOSING Aa1H i2.3m.00 11$ 000 ' RIMOVI M91T SIDEWALK IL DRIVEWAY NY 403 100 SS be 0:51i REMOVE9TRJO83T ;S 1 00400 10000 1:^l m REMOVE EXIST CURB LF 4409 32L: RE LF 0 3400 10 m ROAOWEY EXCAVATION_ INCL HAUL C~ 34,20 523.00 pet 000 0710 ROADPAY tXrAVATKW NCL HAUL CY 219011 fB 3216100 376$1640 eAMUTRIMABPIMLT U 1030 it" 81575 OW :eMNCUTRIGOMPINLT LF 0 10 S!v na CRUSHED SURFACING BASE COURSE CY 1mm 313. 3103102 7046 CRU HEO SURFACING BASS COUISB CY 11,47 104 f]Of Mf 51601447 m CRUSHED SURFACING TOP COURIG CY 7 311 $1400 110 474 Ws CRWIEO SURFACING TOP COURSE CY 500 $11,710 PI ':'1 m HOT MIXASPHALT, P070.26.2INCHES T71I1:f1 R I,pI id &W 773 07442 HOiMIX ASPHALT. PC 702AS*ACHES THSb( BY 61. 360 MAO (!,Go" n1 na HOT IIIK A/MALT, 1010.21,) WCNEE T►SL71 SY 1,H6 i6 $t] i.. 5`s:5 NOT MIX ASPHALT, b 70.201 INCHES THIGH fr 31 pJ0 N146p 5787,078) m HOT MILK ASPHALT, PO ?0.29 B INCHES THICK BY 64.4161 cam /1,71.5 911 KV 1107 MR ASPHALT" PO 1000 E INCHES THICK SY V.. 31 725,917 m MISC PAVV4(3. 2 NCIEB TMKK. 14CL 4 NCH CSTC Y 1 i 3100 f t n ; A,CP MISC 2911/291 Sy 100 3 AOJIIH CO OR GIN ASPHALT N 1 100900 M ADJ M11 C DW OR 04 N AOPMV,T EA 0 $4 5.0 m ADJ VALVE 6071 N ASPHALT EA 3 3)10.09 S. !u: ADJ VALVE BOX N ASPHALT EA 0 62 3•C KR[ RELOCATE MAILBOK EA 76 5130. L4 !4: RELOCATE MAILBOX EA 20 szm RELOCATE VALTER METER 11000. S_ rxv RELOCATE VIIATIR lR[M EA 0111 W na RILOCAT FIRE HYDRANT EA 7 $I S' =u - RELOCATE FIRE HYDRANT EA O 10.00 10 m RELOCATE EL.OVVCP* EA 1 31 00400 $111:41 OELOGTE SLOWOFF EA O 10.00 $4 m GRAVEL ACCESS ROAD. 4 INCHES THK7t CY 1 002 374.00. f URAVEL ACCESS ROAD. A INCHES THICK CY O 60.00 p m TYPE T CONC CV1e LF 13.715 St500 jyn 725 0709 TYPET CONIC CURB V 15705 4460 3112241 au ~7' EI. TYPE W COW CURB LF 1,111 1110"09 $713943 97NI rYPE'A' COM; CURB lF 100 1000 iRla ORNEVAYAPPROACN STANDARD Sy 7:05' 550.00 3110.10 70561 DRNTIMY APAPPROACH, -MWO*C= PROACH STAMWD BY 1700 324 $37.700 1': 011 A"ROACK REINFORCED R .00 /16.-00 XXK DRN'ElAY R 0 p $0 I,e mu ISIOEWALK ETHIC Sr Opt 353 )J!' "i 5 813EVYALK Ir TAIL SY 7. 31500 $129.410 5107567 m RAISED MEDIAN ISLAND B4CL 4 NCH CRC BY 1T) 13L 32' m RAAW 1011010011 ISLAND. NQ 4 NCH CSTC NY 10290 71' m CONC CURS N LIT TYPE 1 EA 12S Si: 0 CONC CURB INLET TYPE 1 EA 0 $0.00 10 lr m ORY1i6L TYPEA SA 22 12100.00 it'r:•: m r^YVK%L TYPE A EA 0 09 90 74 W ORrfML TY 0 EA 3 "200 00 Su n,r. DRYWE EA 42 12 6 CATCH MAIN. SPOKANE COUNTY TYPE I EA 2 $1111000 p •.n. CATCH BASH SPOKANE COWRY TYPE 1 EA o Jam 10 n!,.0 m 12 IC" "M STORM DRAIN Li 20 *32m 1> : m •2 NCH STORM "CIPt DRAIN LF D Koo so P^ m NC'L 2 INCHES CSTC SIX.00 141 10 0 70501 CURB RAMP_ W1 2 SCfTC EA 12 1700G1 ,UR9 RAW. 23 m ION PERMANENT LB 1 11000. 14100 SQN PERMANENT 63 t 33000AD 39000 31J0JL NPLABTIC UN YELLOW :F ",41 31.00 $ti 214 6607 TLC LINE LF 30,6161 10601 P3,700 LA~ PLASTIC LI`0 IWITE LF 3:V0 5+.00 $3 YO m iPLASTIC UNE. VA✓TE L1 0 ILO 00~ f0 m PLASM WIDE LINE. VARTE f LF 13,0041 f1.S0 201,027 0616 "TIC D$LINE YRSTE jr) LP 1 $200 $2,400 v n' ml PLASM STOP LIKE 1 V 43, 0100 $172 600 "STIC STOP LIM lF 432 IS oO f2Sf2 _ na TIC TRAFFIC ARROW EA 10 770000 M 6830 PLASTIC TRAFFIC ARROW EA 84 too o0 010 $4 ih nP PLASTIC BICYCLE LANE SYMSOL 66 10 00 $2700 " no PLA6TK SICYCLE LANE SVIASOL EA 0000 64 f:-V.0 PLASTIC CROSSWALK UWE (in v t 7250 6bT IPLASTK LINE 117) 2.10 I 0 v!.r. ml PLASTIC TRAFFIC LETTER CA 30 5000 f0 WTI PLASTIC TRAFFIC LETT&R EA 111 100 f0o0 YL .:U m TRAFFIC SIGNAL LAI 1, omam $100 0011 TRAFFIC SIGNAL LS 1 1 000 $100.000 t5u.:0a ml am TALLATION tY t70111 7600 STO GW SOO 04TAUATM r Sall la~ $3000 3%R wt SEEDING AND FERTS.QER AC t. 6111 890600 AN Pt*T%MM AC 81 2,100 .U.4r!i m TCPSOLTVPf, A CY I.riv i2S001 843176 0105 TOPSOIL TYPEA a m t W- BWAAA •LS m CHECK DAY N TI 10000'. 7 100 p0%LE CHECK DAM EA 0 woo f0 ) • m IRRLOA M t 76700.00' Too WTI PIRrATIONSYSTEM LS 1 po~mcm 10000 _ ♦.'9,!R m CONSTRUCTION TRAFFIC CONTROL LS 1 776.000. 577000 0111 14)I I IC CONTROL LABOR NR NO $7f. 150 3Yt 65,; oN CON91RUCTION TRAFFIC PLANS CONTROL LA I 53.000. 000 ?0 ~r114 TRUCTION TAM/IC CONTROL PLANS LI 0 $0.00 f0 31070 m SURVEY FOR CONSTRUCTION LS I lic WO.16 000 m SLIP. VEY FOR CCNSTRVCTION LS 0 70.00 70 191IAFU ll - - 10% C-d blew nM YNM~ in DEA'R ••iA - - 1A300 - - - • _ TOTAL I 10031 METAL FRALIE -PE 1 $10,!00 ..'s' 6410 ~TCP80L TYPE B CY 1125 $O.W 112125 - ~1•: •r _ 6016 N YFAVIA.N AIARKPQ 391 >016 •fi i.`--: I(. vc♦ c-CRr-T SP0.LAAY 05 MAO 1 1 i+ :.j 708 * CK" , MR I N:.F *Y7E 1 200 ft f: t'N CKI! :-ILN.I TYPED 200 f1 1: <:J C ULN 1 f2 .0012,6010 .0' 1 I $211691631 Illln •NYI6Y - - _ TOTAL $2 '127.704 Phased Funding Summary grnal Phase 1 Phase 2 Total Revised L3udget -Budget Budget Budget preliminary Engineering $193,000 $ 219,342 $ 16,064 $235,406 It-of-Way $416,000 $ 416,000 $ - $416,000 Aruction $2,588,000 $ 3,320,761 $ 2,123,708 $5,444,469 of 11 Prnjnrt ~o ~o~ nr?r r, i3 ;T cork raters) PE RW Const. Total reliminary Engineering 8% $ 219,342 Local Funds (13.5-A) $ 29,611 $ 56,160 S 448,303 $ 534,074 Dnstruction Engineering 8% $ 219,342 Fed. Funds S 189,731 $ 359.840 $ 2,872,458 $ 3,422,029 !ght-of-.Nay $ 416,000 Total Project $ 3,956,102 ubtotal $ 3,596,457 mn ingency 10% 359,646 Approved Shortfall hase 1 Total $ 3,956,102 Local Funds (21%) $ 735,700 S (201,626) Federal Funds (79';i,) $ 2,765,300 S 656,729 Total $ 3,501,000 S 455,102 phase 2 PE RW Const. Total instruction Estimate $ 1,606,436 Local Funds $ 2,169 $ - $ 286,701 $ 288,869 reliminary Engineering 1% $ 16,064 (Phase 1) Federal Funds $ 13,896 $ - S1,837,008 S 1,850,903 instruction Engineering 10% $ 160,644 Total Project S 27139,773 ght-of-Way $ - (Phase 1) .ubtotal $ 1,783,144 Approved Shortfall ontingency 20% 356,629 price escal.) Local Funds $ - $ 288,869 2,139,773 Federal Funds $ - $ 1,850.903 Spokane Regional Transportation Council 221 W. First Avenue, Suite 310 • Spokane, WA 99201-3613 509/343-6370 FAX- 509/3434400 SR September 26, 2006 SEP 2 7 2006 Mr. Steve Worley, P. E. Senior Engineer, Capital Projects City of Spokane Valley 11707 E. Sprague Ave, Suite 106 Spokane Valley, WA 99206 Subject: Appleway Avenue Reconstruction - STPUL-3842(002) Dear Mr. Worley: We are in receipt of your letter dated September 8, 2006, which informs us of the funding shortfall on the above referenced project. Our response to the significant increase in the project cost to the City of Spokane Valley is to propose the project be split into two logical phases. This would allow work to.move forward on the segment between Tschirley and Barker Roads, including a new traffic signal at Barker and Appleway. Given the significant increase in the cost of materials and excavation, the Spokane Regional Transportation Council (SRTC) concurs with the request to phase the project and use the currently available STP funds for the Phase 1 project previously described. Your letter also included a request seeking an additional $455,102.00 in potentially available STP(U) contingency funds to offset the shortfall in the Phase 1 project. Unfortunately, there are no STP(U) contingency funds available. The City of Spokane Valley currently has a project contained in the Transportation Improvement Program (TIP) for future preliminary engineering and design in the Sprague/Appleway Corridor. With the effort underway by the City of Spokane Valley to define the future land use and transportation investments in the Sprague/Appleway Corridor, it may be pragmatic to reprogram the STP(U) funds already In the TIP to cover the shortfall in the Phase 1 Appleway Avenue Reconstruction project. This is consistent '~,.ith the currently available funds, since Phase 1 is contained within the defined corridor. Should you have questions, please feel free to contact me 343-6370. i Sincerely, Glenn F. Miles Spo Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: City Manager David Mercier and Members of Council From: Marina Sukup, Community Development Director CC: Nina Regor, Deputy City Manager Date: November 14, 2006 Re: Update on Uniform Development Code The City has four years upon incorporation to adopt a Comprehensive Plan and implementing regulations. The 2006-2026 Comprehensive Plan was adopted on April 25, 2006 and effective on May 10, 2006. The implementing regulations will be incorporated into the Spokane Valley Uniform Development Code (UDC). They are subject to the same requirements for early, continuous and collaborative public participation as the Comprehensive Plan. The purpose of this memo is to provide an update on the UDC process. There are seven Titles making up the UDC. Attached is a proposed calendar for completing them by March 31, 2007. Please note that the timeline is aggressive, and requires a significant time commitment from both Planning Commission and Council members. Council received information concerning the proposed process on July 11, 2006. The Planning Commission conducted public hearings on Title 17 General Provisions, Title 18 Administration and Title 20 Subdivision Regulations on September 28, 2006, and recommended approval. Council was briefed on these regulations. Following is a summary of the intent of each title. Title 17 -General Provisions. This Title includes generally applicable rules of construction, interpretation and rules affecting the application procedures for various types of permits, including the requirements for notice and hearing, as well as appeals and enforcement. Title 18 -Administration. This Title includes primarily the duties and responsibilities of the Planning Commission, the Hearing Examiner, the Community Development and Public Works Directors, and the Building Official. It does not include the Rules of Procedure adopted by either the Planning Commission or the Hearing Examiner. Title 19 - Zoning Regulations This Title provides for the establishment of land use zoning districts, and associated regulations. The City is engaged in two projects which will have a major impact on the Development Code. The Sprague-Appleway Revitalization Plan will result in changes to zoning in a significant area of the City (i.e., the Sprague-Appleway Corridor). The creation of the development regulations for that area are included as the final phase of that project. Because it will entail a major amendment to the zoning map, staff proposes making limited changes to the map at this time by Update on Uniform Development Code, continued November 14, 2006 Page 2 of 3 simply renaming existing zones so they're consistent with the newly adopted Comprehensive Plan. Under this approach, all of the changes can be consolidated and discussed together, which will make for a more holistic view of the City's zoning designations. This Title and Title 22 - Design and Development Standards are perhaps those of the greatest public interest. Title 20 - Subdivision Regulations This Title includes the requirements for the subdivision of land prescribed by statute. Title 21 - Environmental Controls Environmental regulations are prescribed by statute and include the State Environmental Policy Act (SEPA), critical areas regulations and shoreline regulations. The proposed Shoreline Master Program Goals and Policies will be incorporated into Chapter 8 Natural Environment of the Spokane Valley Comprehensive Plan. The overlap between critical areas regulations and the Shoreline Master Program (SMP) suggests that these be considered concurrently. Much of the underlying work for the SMP was developed in conjunction with the Spokane County mandatory update. Three open houses on the SMP will be held prior to the end of 2006, and the actual regulations included in the UDC. Significant statutory changes affect wetlands and fish and wildlife conservation. Updates to the Washington model floodplain regulations and changes resulting from the Chester Creek re-study have been incorporated into the proposed regulations. The Federal Emergency Management Agency (FEMA), the Washington Department of Ecology and the Washington Department of Natural Resources have significant oversight responsibility in the review and implementation of these regulations. Title 22 - Design & Development Standards Height and areas standards, lighting, and landscaping, fencing and screening are included in Title 22, as are requirements for concurrency. The second major project affecting the UDC is the street master plan, which includes the creation of street design standards. Since provisions relating to street design are included in the master plan project, the City will initially reference existing standards. As the new standards are developed, the City will amend the UDC. Storm water requirements and utilities are also being developed by the Department of Public Works. Title 24 - Building Regulations The International Code Council updates the building codes every three years. The last update was in 2003, effective July 1, 2004. The State of Washington has mandated the adoption of the International Codes, and is currently reviewing the 2006 Codes. Also included in this Title are regulations for grading, fill and excavation, previously adopted by the City. Proposed regulations require public hearings before the Planning Commission, which will submit its recommendation to City Council. Drafts of Titles---17, 18, 20 and 21 have been submitted to the Community Trade & Economic Development Department (CTED) for review. Other titles will be submitted once drafts are finalized, not less than sixty days prior to final adoption by the City Council. A threshold determination under the State Environmental Policy Act (SEPA) as a non-project action is also required. The attached schedule should allow the City to complete all essential development regulations within the statutory four years. Where existing regulations are in place, as is the case with the International Codes, Council action after March 31, 2007 is permissible. The actual rezoning of properties is expected to extend beyond this time in order to provide adequate notice and opportunity for public comment. The City has requested a six month extension from CTED to initiate actual rezoning. Update on Uniform Development Code, continued November 14, 2006 Page 3 of 3 The adoption of a single ordinance enacting the UDC is important to the City and property owners because it provides a single date for implementation, reducing confusion concerning the proper vesting of pending land use actions and permits. The schedule contemplates that the adoption of the SMP will be incorporated into the first update of the Comprehensive Plan. S C&kaap ne ;,oOValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley VIA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: City Manager Dave Mercier; Deputy City Manager Nina Regor; City Councilmembers From: Chris Bainbridge, City Clerk Date: November 14, 2006 Re: Records Management One of the amended city council budget goals for fiscal year 2006 is to Explore and .-Implement a Records Management System, including document archiving, document imaging, and all necessary components which will encompass and manage the entire City's records. Upon first glance, many would suppose a new city such as ours would have no records management problems to contemplate, let alone resolve. However, as Spokane Valley was previously part of the County, we inherited numerous tiles from Spokane County. Additionally, simply keeping up with the myriad of documents the City has generated since incorporation is quickly becoming it heavy task. To that end, and to address storage •issues--before--the issues become insurmountable, - staff- is, exploring purchase of a document imaging system as part of our records management system. Such a system will not only maintain the functionality of cacti city department, but will preserve the historical value of documents which we must keep as per state guidelines. :Document lmagin Most document imaging companies sell locally hosted systems which run on the host's (our) computers and which store the data either on a hard drive or on a network server. There are some companies which act as the application service provider whereby both the applications and the data reside on the vendor's server, with the client (us) having easy access to the data. hither way, a good records management system would include document imaging -system which would have the capability to--electronically " ° - - capture, process, index, store, access, view, revise, reproduce, distribute, and dispose of documents for clients (city staff) and to a more controlled degree, for the public. Once appropriated and functional, vi imaging application would be used as a means to provide rapid information retrieval, while at the same time allowing original, and often times historical documents to remain in our archives undisturbed and unharmed. Some advantages of using a document. imaging system include • Deducing the reliance on paper, and placing more reliance on electronic documents • Web-enabled imaging and document management for greater and improved public access • Streamlining business processes by reducing document retrieval and management time • Eliminating lost or misplaced/misfiled documents • Improving document security and thereby creating greater disaster recovery capabilities (all original documents would be kept in one centralized location) • Establishing a city-wide systematic, reliable document management repository easily accessed by the city staff for staff and public use. Document imaging systems also include security features which can be designed for each department's specific needs and the needs of the citizens. Some even have tracking capabilities enabling staff to create a complete audit trail of the document's life. Once we are ready to begin the process, a Request for Proposals will be submitted for a document imaging service. Once the system is in place and employee training completed, i would anticipate hiring temporary staff to scan documents from all departments. Once the documents are scanned into the system, we would then be able to move forward to archive the original and seldom used records. Record Archiving: We have a responsibility to develop a comprehensive records management program and to abide by the state's mandated records retention schedule. Aside from merely meeting our functional business needs, we must ensure that our records management program fulfills legal mandates and responsibilities; that records are stored in the most efficient and cost-effective manner possible; and that there is internal control to assure document access, protection, and security as appropriate. The term "public records" applies to any paper, correspondence, form, bound volume, film, magnetic medium, drawing or other document, regardless of form or physical characteristics, that has been created or received by any state agency during the course of public business (40.14.010 RCW Preservation and Destruction of Public Records). All public records are required to be maintained and disposed of in accordance with the provisions of 40.14 RCW. Document retention varies with the document type, but can range from 30 days to 60 years, with a vast majority of documents having a six-year retention schedule. Documents which must be kept but are no longer needed during the regular course of the workday, can be stored in our areh.ive warehouse, which is to be located next to the new permit center. - Quotes for shelving were solicited-from three vendors; with the lowest-quote of $1.3)842:62-received -from- Spacesaver. The City Records Officer (the city clerk or designee) will ensure that scanned documents are systematically filed in our "archives" area, correctly boning records for storage, and identifying and removing records to their ultimate destination or destruction. When records are needed, the employee will complete a form and send it to the City Records Officer who will keep track of who checked out what record, and make sure the record gets properly filed back in the archives. Public records will be maintained until the end of their approved retention period and then either disposed of, or if the document has historical value, it will be sent to the State Archives office in Cheney. Records ready for destruction wi I I be indexed prior to destruction. It is anticipated that once the shelving is in place (approximately late November), departments-will begin the scanning process. It is a goal to have the document imaging system in place and functional by mid to late spring. - 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 2006 . City Manager Sign-off- Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing X information ❑ admin. report pending legislation AGENDA ITEM TITLE: Proposed Amendments to the 2006 Budget. GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our budget when the City will exceed appropriations (budget). Previous Council Action Taken: The City budget for 2006 was adopted in November 2005. Several amendments were authorized by the city council in May of this year. BACKGROUND: - --Additional budget adjustments are needed to: 1) transfer $1,500,000-to'the Civic' Facilities Fund for future facilities; 2) adjust revenue sources to anticipated levels; 3) update the budget for potential settle/adjust costs of the sheriff contract; 4) include interest costs for a loan to the Community Development Block Grant Fund; and 5) appropriate for the development of city-wide street standards. A more detailed listing of the proposed budget amendments is attached as Exhibit A. OPTIONS: Options include amending the budget, amending the budget for some of the changes or making no amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: No action is needed at this time. This item will return to the council agenda on November 28, for council consideration. BUDGET/FINANCIAL IMPACTS: None at this time. STAFF CONTACT: Ken Thompson, Finance Director Jason Faulkner, Accountant/Budget Analyst DRAFT i CITY OF SPOKANE VALLEY SPOKAV~-, COUNTY, WASHINGTON ORDINANCE NO. 06-028 AN ORDINANCE AMENDING ORDINANCE NO. 06-014 PASSED BY THE CITY COUNCIL ON JUNE 13, 2006 AND ENTITLED "AN ORDINANCE OF ME CITY OF SI'OKA\rU VAI: LEY, SPOKANE COUNTY, WASHINGTON," WHICH 6kjV1-EN.D.1!-,D ORDINANCE NO. 05-029, THE ADOPTED BUDGET FOR THE PERIOD JANUARY 1, 2006 THROUGH DECEM13ER 31, 2006, APPROPRIA "1NG FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS." WHEREAS, subsequent to the adoption of the 2006 annual budget, it has become necessary to make changes by adding new revenue, appropriations, and amendments, and transferring funds in order to properly perform various City functions, services and activities; and WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the adopted budget to reflect anticipated revenue, expenditures, and fund balances, and appropriating same as set forth herein. NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as follows: Section 1. Amended Revenues. Ordinance No. 06-014, as adopted or amended, adopted a budget for the twelve months ending December 31, 2006. Each item, revenue, appropriation, and fund is hereby amended as follows. A. General Fund of the 2006 budget is amended to include an additional $754,000 in unrestricted carryover fund balance from 2005. Sales Tax receipts are increased $1,143,000 for a total increase in general hind revenues of $1,902,000. B. Community Development Bloclc Grant Fund revenues are increased by $2,000 for a contribution from the General :Fund. C. Interest income in the Street Fund is increased 545,000 representing additional interest generated by a greater than estimated fiend balance and increasing interest rates. for purposes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this reference as set forth in full. Ordinance 06-028 Amending 2006 Budget Page 1 of 3 DRAFT REVENUES, FUND FUND JUNE 2006 AMENDED ENDING NUMBER NAME BUDGETED REVENUES AMENDMENTS REVENUES 001 GENERAL $ 32,4113,641 $ 1.902,0130 $ 34,312,641 101 STREET $ 4.188,856 $ 45,000 $ 4,211,856 102 ARTERIAL ST_ 566,655 $ - $ 568,655 103 TRAILSIPATHS 23,653 $ - $ 23,653 105 HOTELMOTEL 400.667 $ - $ 400.667 204 DEaT 5ERVICE 600,000 $ - $ 600,004 341 CAPI'T'AL PRC)J_ $ 1,210,000 $ - $ 1,210,(104 302 SPEC, CAP. PRJ $ 1,070,713 $ $ 1,070,713 303 STREET CAP PRJ $ 8,385,843 $ - $ 8,385,843 W4 MIRABEAU PT $ 78$,205 $ - $ 783,205 305 STREET BOND PRJ $ 1,2(12,460 $ $ 1,202,460 306 COM DEV BILK C}NT $ u $ 2,000 $ 2,000 31)7 CAP_ GRANTS $ 8,211,000 $ - $ 8,211,000 348 BARKED BRDGE FED $ 890,400 $ 890,400 309 PARKS CAP_ PRJ $ 1,300,000 $ 1,3(10,(1013 340 CIVIC BUILDING $ 1,100,000 $ 1,1(10,0013 120 CENTERPLACE OP_ $ 300,000 $ $ 300,000 121 SERVICE LEV_ STAB $ 1,000,000 - 1,000,000 122 WINTER WEATHER $ 500,000 - 500,000 402 STORMATER $ 1,621,634 S - S 1,621.534 501 EQUIP REPL & RES $ 893,257 S - 893.257 502 RI $K MGMT $ 189.939 $ S 189,939 TOTALS 56,628,223 $ - ---1.,48,000. S 65,677,223 ,Section 2. Expenditures Appropriated. To appropriate the amendments from the above estimated revenues and unrestricted beginning fiend balances for each separate fund, the (-'xpenditure- ' app opriations fc)r the period January i through December 31, 2006 are amended as set forth below, F PENDITURES PPROPRIATIONS: NUMBER NAME APPROPRIATION ANIF-NQMENTS . APPROPRIATIONS 001 GENERAL 5 32.41 D.641 S 1,902,000 + 34,312.641 Ia1 $TREET $ 4.166,856 $ 45,600 $ 4,211,856 102 ARTERIAL 3T. $ 568,655 $ - $ 568.555 103 TRAILSIPATI-IS $ 7-3,053 $ - $ 29.053 y05 HOYEIJN o-re. $ 400,667 $ - $ 400,667 204 DEBT SERVICE $ 600,000 $ - $ 600,000 301 CAPITAL PROJ. $ 1,214,1)00 $ - $ 1,216,000 302 SPI=O. CAP_ PRJ $ 1,470,793 $ - $ 1,070.713 2303 STREET CAP PRJ $ 8,385.843 $ - $ 8,385,843 304 MIRAUEAU PT $ 763,205 $ - $ 783,2(X305 STREET BOND PRJ $ 1,2(12,464 $ - $ 1,262.466 346 COM QEV BI-K GRNT $ - $ 2,000 $ 2,000 307 CAP. GRANTS $ $,211,001) $ - $ 8,211,006 3108 CARKER OR 00- E FED $ 890,460 $ - $ 808,401) 309 PARKS CAP. PRJ $ 1,304,401) - $ 1,300,000 316 CIVIC FACILITIES $ 1,100.0m S $ 1,1 0(1,(106 126 CENTERPLACE OIa_ S 300,000 $ 300,000 121 SERVICE LEV, SPAS 1,000,000 5 1,1)00,040 122 WINTER WEATHER 5 506,060 $ - $ 500,404 4102 STORMWATER $ 1,621,834 $ - $ 1,627,534 501 EQUIP REPL RES $ 693.257 6 - S 693.257 507- FRISK M C NIT $ 189.939 189.939 TOTALS $ 66.626,223 $ 1.949.000 68,577,223 Ord4,rance 06-025 A3ri enr irig 2006 BkLdgel P~lge 2 of 3 DRA.Fr These amendments include a transfer from the General Fund to the Civic Buildings Capital Projects Fund of $1,500,000; a $400,000 addition to the sheriffs contracts for settle and adjust costs occurring in the General Fund; a $2,000 increase in the CD Block Grant.Fund for interest on an inter-fund loan; and a $45,000 increase in appropriations in the Street Fund to update street construction standards as approved by the city council on October 10, 2006. Section 3. Positions. The City of Spokane Valley's number of full-time equivalent positions is 63.8. Section 4. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. Passed by the City Council of the City of Spokane Valley this day of December, 2006 ATTEST: Diana Wilhite, Mayor Christine BainbridGe, City Clerk APPROVED AS TO FORM: Office of the City Attorney Date of Publication: Effective Date: Ordinance 06-028 Amending 2006 Budget Page 3 of 3 City of Spokane Valley Exhibit A Amendments to 2006 Budget Nov-06 REVENUE EXPENDITURE Fund INCREASE INCREASE Explanation GENERAL Unrestricted fund balance $ 754,000 Transfer to Civic Facilities Fund $ 1,500,000 Set S aside for civic facilities Sales tax $ 1,148,000 $ - Increase to cement estimate Transfer to Com. Dev. Block Grant $ 2,000 to pay interest on loan Sheriff contract $ 400,000 Pay settle and adjust costa General Fund Totals $ 1,902,000 S 1,902,000 Community Dev. Block Grant General fund contibution $ 2,000 Transfer from Gen. Fund Interest expense S 2,000 Interest on interfund loan Street Interest income $ 45,000 To update street construction Consultant S 45,000 standards as approved 10-10-06 GRAND TOTALS---> $ 1,949,000 S 1,949,000 :Budgetarnendx 11-14-06 attach A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: November 14, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing [9 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Beverly Hills Drainage Improvements GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: NIA BACKGROUND: The Beverly Hills area is characterized by steep roads, high density development, and shallow bedrock that lead to high runoff rates resulting in erosion and flooding of private and public properties. Sewer was installed in the neighborhood in 2002. Although, the area had historically experienced numerous drainage problems, the lack of a comprehensive drainage system was not addressed at the time of sewer installation. In addition, sewer installation disrupted the existing roadside ditches, increasing the instability and erosion potential. On May 21, 2004, there was a significant storm event in the Spokane Area. The runoff caused erosion and flooding of downstream properties. Spokane County Utilities contributed $25,000 to the City towards the cost of a comprehensive drainage plan for the Beverly Hills area, Adams & Clark was selected from the Consultant Roster to provide recommendations for erosion and flood control measures, produce engineering drawings, and prepare a complete bid package. The cost of the study was $33,175. Based on the cost of the improvements, it was decided to proceed with the project in two phases. Adams & Clark produced engineering drawings for the first phase and provided recommendations for the second phase. The plans and specifications for phase I were finalized in October 2006. The proposed improvements include a pipe system, upgrading existing ditches, curbing, and swales and drywells. The engineering estimate for the proposed improvements is $320,000. We are scheduled to bid the project in January 2007. OPTIONS: Provide Council additional information prior to bidding the project. RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: The project will be funded by the 2006 & 2007 approved budget. STAFF CONTACT: Neil Kersten ATTACHMENTS