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2003, 03-27 Regular MeetingCITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11.707 East Sprague Avenue, First Floor Spokane Valley, Washington Thursday, March 27, 2003, 6:00 p.m. 1. CALL TO ORDER 2. INVOCATION 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS 6. APPROVAL OF AGENDA 7. PUBLIC COMMENTS (For members of the public to speak to the Council regarding matters NOT on the agenda. Please state your name, address and subject for the record and limit remark to three minutes. Thank you.) 8. COUNCIL REPORTS 9. CONSENT AGENDA (Consists of items considcrcd routine which arc approved as a group. A Councilmember may remove an item from the Agenda to be considcrcd separately.) 10. PUBLIC HEARING A) Proposed Budget, March 31, 2003 to December 31, 2003 1) Open Public Hearing 2) Public Comments on Proposed 2003 Budget 3) Close Public Hearing 11. ACTION ITEMS A) Motions V 1) Agenda Bill No. 2003 -093, Authorize Execution of Bond Counsel Engagement Letter for Limited General Obligation Bonds, Mirabeau Center Ordinances — First Reading 1) Agenda Bill No. 2003 -092, Adoption 2003 Budget (Ordinance No. 62) (PUBLIC COMMENT ON ORDINANCE NO. 62) Council Agenda: March 27, 2003 1 2) Agenda Bill No. 2003 -090, Adult Entertainment Permit Moratorium (Ordinance No. 61) (PUBLIC COMMENT ON ORDINANCE NO. 61) C) Ordinance — Second Reading A) Agenda Bill No. 2003 -070, Comprehensive Plan (Ordinance No. 52) (PUBLIC COMMENT ON ORDINANCE NO. 52) /2) Agenda Bill No. 2003 -072, Phase 1 Zoning Map (Ordinance No. / 54) (PUBLIC COMMENT ON ORDINANCE NO. 54) 3) Agenda Bill No. 2003 -036, Adult Entertainment Regulations (ordinance No. 36) (PUBLIC COMM ON ORDINANCE, NO. 36) D) Resolutions genda Bill No. 2003 -089, Essential Public Facilities (Resolution V o. 03 -023) (PUBLIC COMMENT ON RESOLIJTION NO. 03-023) 2) Agenda Bill No. 2003 -094, Intent for Agreement Re: Solid Waste Management (Resolution No. 03 -024) (PUBLIC C0M; +I ENT ON RESOLUTION NO. 03-024) 1) E) Contracts 1) Agenda Bill No. 2003 -091, Special Legal Counsel -Peter Witherspoon (Agreement No. CO3 -26) (PUBLIC COMMENT ON AGREEMENT NO. CO3 -26) 12. CITY MANAGER AND STAFF REPORTS A) Information services agreement — Deputy Manager 13. PUBLIC COMMENTS (Maximum of three minutes please; state your name, address and subject for the record) 14. PENDING LEGISLATION 15. NEW BUSINESS 16. ADJOURNMENT FUTURE .SCIIED ULE A) Mar. 31, 2003, SPOKANE VALLEY INCORPORATION B) Apr. 1, 2003, Council Study Session, 6:00 p.rn., City Hall. C) Apr. 4, 5, 6, 2003, City Manager Interviews D) Apr. 8, 2003, Council Regular Meeting, 6:00 p.m., City Hall E) Apr. 15, 2003, File Public Disclosure Reports F) Apr. 15, 2003, Council Study Session, 6:00 p.rn., City .Hall G) Apr. 22, 2003, Council Regular Meeting, 6:00 pan., City Hall H) Apr. 29, 2003, Council Executive Session, 6:00 pan., City Hall Council Agenda: March 27, 2003 2 PUBLIC HEARING SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE . 9O-3 SUBJECTfrM I.3 /- A 3f, A063 � ALL PERSONS WISI {[NG TO SPEAK AT THE PUBLIC HEARING MUST SIGN IN WITH YOUR NAME AND ADDRESS FOR THE RECORD. THERE MAY BE A TIME LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS RELATING TO THE PUBLIC HEARING SUBJECT MUST BE PROVIDED TO THE CITY CLERK NAME PLEASE PRINT B , 0 L wl ADDRESS it., I (P S TELEPHONE ?7 ?Jo3 COMMENTS ON BUDGET DOCUMENT Bob and Crew have done a very good job. I have only 5 comments. I am not sure how to deal with this. I know we decided to suggest an amendment for each change. In dealing with dollars for computer equipment, I see no problem in doing that. I would appreciate input from yall. 1. Page 26 and ine- itern-for-council- computersChange to 2. Page 30. Add the following to the goals (second goal)," To developl policies-that will maximize public safety ". 3. Page 31. l corre °ct in as`suming thift the pool car" in an allocation of the operating costs of all of our vehicles? If not, what is the basis of the number? 4 Page39 Did -we- budget -for the purchase of half of the Precinct building? If not, should we? _ 5. Page -Are -we -not planning for use of the ey Kstone Elementary and (I think) North Pines Middle School buildings? Just for thought, I calculated $1,610,308 or 7.15% of our proposed budget for personnel (1 stand ready for correction). That's a pretty good ratio. The personnel cost does not include the Sheriff's costs, nor should it. Rich General Fund City of Spokane Valley Proposed Amendments to 2003 Budget City Council Add Administrative Assistant (.5 FTE shared with Attorney) $ 16,544 Add City Council Medical Benefits ($742 per month per employee) 26,712 43,256 Legal Add Deputy City Attorney 70,000 Add Administrative Assistant (.5 FTE shared with Council) 16,544 Decrease City Attorney Contract Costs (58,000) 28,544 Public Safety Probation Services (No cost contract). (193,000) Bicycle and Equipment for Bicycle River Patrol 3,000 (190,000) Public Works Department Addition of Interim City Engineer for two months. 19,488 Planning Department Records storage shelving 2,800 Addition of Interim Current Planner 21,168 Addition of Interim Long -Range Planner 21,168 Addition of Interim Planning Technician 14,112 (These positions were not included under the Jan. thru March budget) 59,248 Parks and Recreation Computer for Senior Center 1,850 Extension of Pool Hours - Add 24,400 Extension of Pool Season to Labor Day - Add 16,350 42,600 General Government Increase for laptop computers for west wing offices. 4,500 Desktop Support and IT consulting 10,000 Phones for west wing offices. 8,200 Office Security System 6,000 Miscellaneous Building Maintenance 2,700 31,400 Total Adjustments $ 34,536 SPOKANE OF+ � y SPOKANE ALL �} � Y + {y � S1 OKAJ \ �. COUNTY, VASHING A Oj1 RESOLUTION NO 03 -023 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, WASHINGTON STATING THE CITY'S INTENT TO BECOME A PARTY TO THE INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITIES AND TOWNS WITHIN THE COUNTY RELATING TO THE SITING OF ESSENTIAL PUBLIC FACILITIES. WHEREAS, the City of Spokane Valley on March 31, 2003 will incorporate as a non - charter code City of the State of Washington; WHEREAS, as part of the Interim Comprehensive Plan for the City and the associated Development Regulations, the City desires to adopt a process for the establishment of essential public facilities; WHEREAS, essential public facilities are defined as those facilities that are typically difficult to site within a jurisdiction such as airports, state education facilities, correctional facilities, solid waste facilities, in- patient facilities including substance abuse centers, mental health facilities, group homes and secure community transaction facilities as defined in RCW 71.09.020; WHEREAS, the Growth Management Act requires that provisions be made for the siting of essential public facilities; WHEREAS Spokane. County and including cities and towns within the County have, through Interlocal Agreement provided for the siting of essential public facilities within the County on a State, regional and local level; WHEREAS, in 2002 an Inter]ocal Agreement was entered into between the County and cities of Cheney Deer Park, Fairfield, .Layta, Liberty Lake, Medical Lake, Millwood, Rockford, Spangle, Spokane, Waverly and Airway Heights for the purpose of establishing a regional process for the siting of essential public facilities; WHEREAS, the State of Washington through the Department of Social and .Health Services challenged portions of the Interlocal Agreement with attachments alleging that provisions relating to "group hones and other types of State and regional facilities" should be. excluded; WHEREAS, the parties to the litigation are working toward resolving the issues stated in the .Petition before the Growth Management Hearings Board; and WHEREAS, it is important for the City to state its intent and adopt, as an interim measure, a plan relating to essential public facilities. Page 1 S_3RetiolutionAltmohLtion03 -023, inlcn[ essGStia] facilities_dnc NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: The City adopts as the interim regulations for the siting of essential public facilities the "Spokane County Regional Siting Process for Public Facilities, dated June 21, 2002" that has been adopted by the above referenced cities and towns as the essential public facilities element of the City Comprehensive Plan. The City further states its intent to review and, if appropriate, enter into an Interlocal Agreement between the above referenced towns and the County that provides for administrative procedures to be utilized in the regional siting process for essential public facilities. ATTEST: Adopted this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz City of Spokane Valley Mayor Michael DeVleming Page 2 S:1RcsolutionslRcsolution03 -023 intent essential fscilitics.doc 2 ti ■ DATE ACTION IS TITLE: Authorizing City TYPE OF ACTION: REQUESTED: March 27, Manager to sign agreement 2003 with Lukins & Annis, P.S. to provide Bond Counsel services Ordinance relating to the proposed APPROVED FOR issuance of $7,000,000 in Resolution COUNCIL PACKET: Limited General Obligation Fonds. X Motion City Manager Dept. Head Attorney Approve As To Form ATTACHMENTS: Proposals from Lukins & Annis, P.S. and Preston, Gates & Ellis. Other SUBMITTED BY: Lee Walton CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. (.4.DO STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize the City Manager to execute an agreement with Lukins & Annis, Y.S. to provide Bond Counsel services relating to the proposed S7,000,000 Limited General Obligation bond issue for the construction of iVlaribeau Point as authorized by the voters of Spokane County. DISCUSSION: In May, 2002, voters of Spokane County, including a majority in the area of Spokane Valley, authorized the collection of a special 2% Hotel and a .033 diversion of Sales tax to construct new facilities including Mirabcau Point in Spokane Valley. Originally, the plan envisioned the County issuing a single $96 million bond issue to finance the Convention Center, Fairgrounds improvements as well as the Mirabeau Center. However, following extended negotiations, the four agencies involved, agreed that all would better served if each participating agency issued bonds sufficient to finance its assigned project. For Spokane Valley this involves a $7 million issue for Center Point. To issue this limited General obligation (Councilmanic) bond, it is necessary that the City designate a Bond Counsel to prepare necessary documents and an Underwriter to arrange sale of the issue. As of this date, I have received the following proposals: • Lukins & Annis, F.S. — A flat fee of $11,200 or per hourly rate, which ever is less (plus normal expenses). • Preston, Gates & Ellis — A flat fee of $12,650 or per hourly rate, which ever is less (plus normal expenses). • Foster, Pepper & Shefelman — Referring to the original $96 Million issue, I have an e-mail outlining a proposal to provide services at an hourly rate. At this point, 1 have no specific proposal relating directly to the proposed City issue. Due to a critical time schedule, it is important that Bond Counsel be designated at the meeting of March 27 if possible. Attorneys representing the other three agencies are scheduled to meet Monday, March 31 to review preliminary documents. Although it is not absolutely necessary, it would certainly be appropriate if the City were represented by Counsel at this meeting. Each of the firms listed above have substantial experience in this very specialized field and excellent reputations for providing these services. Indeed, there is little to distinguish between them with respect to professional qualifications,+ competency or cost. However, after reviewing the respective proposals I recommend that the Firm of Lukins & Annis, P.S. be appointed as Bond Counsel because (1) having been involved with this project for a period of time they are already very familiar with the issues and problems involved, and (2) they have been engaged by the County and since their work for the City would essentially duplicate that effort, there should be some significant cost savings. The maximum flat fee quoted to Lukins & Annis, P.S. is slightly less than that offered by Preston, Gates & Ellis and because of the duplication with County work, I anticipate that the final cost based on per hour billing will be less than the quoted flat fee. We are presently soliciting proposals for underwriting services and 1 expect to submit a recommendation to Council in early April. Meanwhile, Mr. Peter Witherspoon has been engaged to represent the City as Special Counsel to review all documents to ensure that the City's interests are fully protected in this matter. If we determine that an advisor is also appropriate, then a recommendation for that service will be forthcoming. ALTERNATIVES: Not approve appointment or selection of another firm. FISCAL IMPACT & SOURCE OF FUNDS: Special Voter approved tax on hotel occupancy and the diversion of a portion of the State Sales Tax. There will be no impact on City budget until cost of operations are recognized in 2004 budget. AMOUNT BUDGETED: N/A for 2003 AMOUNT NEEDED FOR PROJECT: Approximately $13,000,000 of which $6,000,000 is to be financed by grants and private donations. Ray 1. Kutgen Mr. Lee Walton Interim City Manager City of Spokane Valley, Washington 11707 E. Sprague Avenue, Suite 106 Spokane Valley. WA 99206 Dear Mr. Walton: LUIS 8c ANNIS, P. S . ATTORNEYS AT LAW RECEJVED 4i 1&'..diin.�.:u,'f1rnhANCE J.i ?.MFR r 717 5FM I AYP.- • 5�P[irr,3_ W'A49_21 -O &i 1'Hr;in7! i"FS:7} M1'S • FAA I504 March 20, 2003 Re: $7,O0O,0O0 Limited General Obligation Bonds, Series 2003 MAR 2 1 2003 LRi3l ro(ISp 1 I � ey The purpose of this engagement letter is to set forth certain matters concerning the services we will perform as bond counsel to the City of Spokane Valley Washington (the "City ") in connection with the issuance of the above - referenced bonds (the "Bonds "). Scope of Engagement as Bond & a nse,_ En this transaction, we expect to perform the following duties in connection with the issuance of the Bonds to acquire, construct and install improvements relating to Mirabeau, a portion of the regional projects to be financed by various excise tax revenues to be received by the Spokane Public Facilities District (the Regional Projects). 1. prepare and review documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, coordinate the authorization and execution of such documents, review and, where appropriate, draft enabling legislation; 2. assist the City in seeking from other governmental authorities such approvals, permissions and exemptions as we determine are necessary or appropriate in connection with the authorization, issuance, sale and delivery of the Bonds; 3. review legal issues relating to the structure of the Bond issue; 4. assist the City in reviewing sections of the official statement, private placement mernorandum or other form of offering or disclosure document to be disseminated in connection with the sale of the Bonds; SPOKANE • COEUR a'A.rEawr • MOSES LLhc Mr. Lee Walton March 20, 2003 Page 2 5. draft the continuing disclosure undertaking of the City relating to Rule 15c2 -12 promulgated by the Securities and Exchange Commission under the Securities Exchange Act of 1934; and 6. subject to the completion of proceedings to our satisfaction, render our legal opinion regarding the validity of the Bonds, the source of payment and security for the Bonds and the federal income tax treatment of interest on the Bonds (the "Bond Opinion "). The Bond Opinion will be based on facts and law existing as of its date. In rendering the Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation. During the course of this engagement, we will further assume and rely on you to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds and their security. We understand that you will direct members of your staff and other employees of the City to cooperate with us in this regard. Our duties as bond counsel are limited to those expressly set forth above. Among other things, our duties do not include: a. preparing requests for tax rulings from the Internal Revenue Service; b. preparing blue sky or investment surveys with respect to the Bonds (the preparation of these documents is normally the responsibility of counsel to the underwriter of the City's Bonds); c. drafting of state constitutional or legislative amendments (we do not see any need for such drafting at this time); d. pursuing test cases or other litigation, such as contested validation proceedings (litigation is normally the responsibility of the City's general counsel, and we do not anticipate the need for a test case at this time); e. making an investigation or expressing any view of the creditworthiness of the City or the Bonds; f. opining on the continuing disclosure undertaking pertaining to the Bonds or, after the closing of the Bonds, providing advice concerning any actions necessary to ensure compliance with any continuing disclosure undertaking; g. responding to Internal Revenue Service audits or Securities and Exchange Commission investigations: Mr. Lee Walton March 20, 2003 Page 3 h. after closing of the Bonds, providing continuing advice to the City or any other party concerning any actions necessary to ensure that interest paid on the Bonds will continue to be excluded from gross income for federal income tax purposes (e.g., we will not undertake rebate calculations for the Bonds without a separate engagement for that purpose); or i. any other matter not specifically set forth above that is not required to render the Bond Opinion. Additional Services. Services in addition to bond counsel responsibilities may be performed by us upon specific direction of the City. For such additional services, we shall be compensated separately and shall account and bill for such services separately at the hourly rate normally charged by us for the services of the attorneys and paralegals performing such work. Such additional services may include. but are not limited to. the following: 1. negotiate, or assist in negotiation. of the acquisition of any easements, lands or rights or in any eminent domain proceedings; 2. perform ancillary legal work in connection with litigation. pending or threatened; 3. prepare or negotiate contracts between the City and other persons or municipalities; 4. negotiations with or practice before state or federal agencies; 5. act as disclosure counsel to the City, including the drafting of the official statement relating to the Bonds; and 6. assist the City in obtaining a rating for the Bonds. Prior to undertaking any services described under the caption "Additional Services" above, we will provide the Mayor of the City a description of any such additional services and an estimate of our fees for providing such Additional Services. Attorney Client Relationship. Upon execution of this engagement letter, the City will be our client and an attorney- client relationship will exist between us. We assume that all other parties will retain such counsel as they deem necessary and appropriate to represent their interests in this transaction. Our services as bond counsel are limited to those contracted for herein; the City's execution of this engagement letter will constitute an acknowledgment of those limitations. Our representation of the City will not affect, however, our responsibility to render an objective opinion of bond counsel. Mr. Lee Walton March 20, 2003 Page 4 Our representation of the City and the attorney - client relationship created by this engagement letter will be concluded upon issuance of the Bonds. Nevertheless, subsequent to closing of the Bonds, we will prepare and provide a transcript of the proceedings pertaining to the Bonds and make certain that the Internal Revenue Service Form 8038 -G is mailed. Conflicts. We want to advise you that Spokane County is our client in past and present transactions. We currently represent Spokane County in connection with the proposed issuance of its $12,000,000 Limited Tax General Obligation Bonds, Series 2003, to finance improvements to the Fair & Expo Center (a portion of the Regional Projects). We do not believe, however, that this simultaneous representation will adversely affect our ability to represent the City. We believe we can fulfill our professional responsibilities in the representation described herein and seek your consent thereto by the execution of this letter. In seeking your consent, we believe that, consistent with Rule 1.7(a) of the Rules of Professional Conduct (the "Rules "), our representation of the City will not be adversely affected by our representation of Spokane County; nor, consistent with Rule 1.7(b), do we believe that our representation of the City will be materially limited by our representation of Spokane County. If facts change which result in a circumstance wherein we feel that our professional and independent representation of the City would be adversely affected or materially limited by our representation of Spokane County, we will promptly advise the City and take appropriate action to withdraw as its counsel and would thereafter represent only Spokane County. We would, however, continue to represent Spokane County on matters unrelated to the City. If circumstances arise which result in our withdrawal, we expect to be compensated in accordance with the provisions of this engagement letter under the captions "Fees" and "Additional Services." We have completed a thorough conflicts check within our firm and have found no current conflict between the City and our existing clients. During the course of this engagement, we will not undertake any new representation of a client with interests that may be adverse to yours, or which would impose a material limitation on our ability to represent you, without your prior writtcn consent. Our firm represents many political subdivisions, companies and individuals. It is possible that during the time that we are representing the City, one or more of our present or future clients will have transactions with the City. We will inform the City of any potential conflicts of interest that might result from such client's transactions with the City, as we become aware of them. We also request that the City notify us of any potential conflicts as they may arise. If we reasonably believe that our representation of the City will not be adversely affected by such potential conflicts, we will request the City's written consent to such potential conflicts and will furnish the City with sufficient information to enable the City to make an informed judgment regarding the granting of such consent. Mr. Lee Walton March 20, 2003 Page 5 Fee& Based upon: (i) our current understanding of the terms, structure, size and schedule of the financing, (ii) the duties we will undertake pursuant to this engagement letter, (iii) the time we anticipate devoting to the financing, and (iv) the responsibilities we will assume, we estimate that our fee will be 511,200, or our hourly rates, whichever is lesser. Such fee may vary: (i) if the principal amount of Bonds actually issued differs significantly from the amount stated above, (ii) if material changes in the structure of the financing occur, or (iii) if unusual or unforeseen circumstances arise which require a significant increase in our time or responsibility. If. at any time, we believe that circumstances require an adjustment of our original fee estimate, we will consult with you and prepare an amendment to this engagement letter. Also, if you find our fee is unacceptable, we reserve the right to meet with the City to arrive at a mutually agreeable amount. Lastly, we believe that due to our representation of Spokane County there are significant economics of scale which will result in a material cost savings to the City. Costs and Expenses. It is our policy to serve you in the most cost effective way. We will expect to be reimbursed for all disbursements made on your behalf, including travel costs, photocopying, deliveries, long distance telephone charges, telecopier charges, Fling fees, computer - assisted research and other direct costs incurred on the City's behalf. We estimate that such out -of- pocket expenses will be in the range of $500 to 51,000. Invoices and Payments — Fees. Our fee is usually paid at the closing of the Bonds, and we customarily do not submit any statement for fees until the closing unless there is a substantial delay in completing the financing. If this transaction is delayed beyond July 31, 2003, we reserve the right to present for payment an interim statement. If the financing is not consummated, we understand that we will be paid for only 25% of our time expended on the City's behalf but will be paid for all costs and expenses made or incurred on the City's behalf. Our firm, like other businesses, has substantial cash demands that require us to borrow money if our accounts are not paid promptly. Thus, we must add a late payment charge to accounts not paid within 30 days of the invoice date. The late payment charge is currently assessed at a rate of one percent (1 %) per month on any unpaid balance. In the event that an account becomes delinquent, we employ the same prudent collection procedures used by other businesses to ensure that the vast majority of our clients who do pay thcir bills promptly are not penalized for the additional costs attributable to delinquent bills. Questions. One of our goals is to ensure that legal services are delivered effectively and efficiently and all billings are accurate and understandable. Please direct any questions about legal services or billing practices to me. Records. At your request, papers and property furnished by you will be returned promptly upon receipt of payment for outstanding fees and client charges. Our own tiles, including lawyer work product, pertaining to the Bonds will be retained by us. For various reasons, including the minimization of unnecessary storage expenses. we reserve the right to Mr. Lee Walton March 20, 2003 Page 6 destroy or otherwise dispose of any documents or other materials retained by us after the termination of the engagement. If the foregoing terms are acceptable to you, please so indicate by returning the enclosed copy of this engagement letter dated and signed by an authorized officer, retaining the original for your files. We look forward to working with you. RJK:psm Enclosure cc: Stanley M. Schwartz, City Attorney ACCEPTED this day of , 2003 CITY OF SPOKANE VALLEY, WASHINGTON By: Lee Walton, Interim City Manager Very truly yours, LUKINS & ANNIS. P.S. Roy J. Koegen INHUNICWAL'E? GAGZNFNI LETTEJMPAI1AI. 0.D: -iTTY aF U'» ANE VALLEY Ewt1AGEMFNT LTLDOC 1 MEMO CITY OF SPOKANE VALLEY TO: Council FR: Lee Walton Subject: Bond Counsel 11707 Sprague Ave, Spokane Valley WA 99206 Tel: (509) 921 -1000, Fax (509) 921 -1008 e -mail lwalton@spokanevalley.org Subsequent to my writing the Agenda Bill regarding appointment of a Bond Counsel, I have received the attached proposal from Foster, Pepper. As with the other two firms Foster, Pepper is a highly respected law firm with a long history of satisfied clients requiring assistance in issuance of bonds. Indeed, their Senior Partner, Hugh Spitzer, is the '`Grand Master" in this business who has mentored almost every new City in Washington over the last 25 years. However with a flat fee $17,400, compared to $11,000 and $12,000 they are obviously not particularly interested in this particular job. Lee Walton Interim City Manager City of Spokane Valley 11707 East Sprague Spokane Valley, WA 99206 Lee: FOSTER PEPPER & SH. FELMAN PLLC A T TOR N r. Y S A T LAW March 26, 2003 Re: Legal Services for the City of Spokane Valley — Bond Counsel Qualifications T understand that you have asked for letters of interest from law firms regarding services the City of Spokane Valley (the "City") will require in connection with the issuance of $7,700,000 nonvoted general obligation bonds (the "Bonds "). The Bonds will be issued to finance improvements at Mirabeau Point. Foster Pepper & Shefelman PLLC ("FP&S") is interested in providing such services. FP &S has the largest group of municipal bond lawyers in Washington State, with offices in both Spokane and Seattle. As bond counsel, we advise local governments of the federal tax laws, the federal securities laws, and the state laws that relate to their ability to borrow money. Our client in this transaction will be the City (and not Spokane County, the Spokane Public Facilities District or the investment firm providing money to the City). In this regard, we will work closely with the City Council and City staff in providing the necessary legal advice and technical guidance. FP &S has been actively engaged in the formation of the City. We advised the incorporation proponents regarding compliance with state election laws. Jeff Nave was an active participant of the Finance & Administration Transition Committee, for which he attended committee meetings, researched laws and prepared legal memoranda regarding the City's authority to borrow money and levy certain taxes. We look forward to continuing our service to the City. The following is a summary of information regarding FP &S. Additional information can be provided on request and/or accessed on the firm's intemet web site: www, foster. corm 50:49438.0 • FP &S is a firm of approximately 120 lawyers, with offices in Spokane, Seattle, Portland and Anchorage. Direct Phone (509) 777.1602 Direct Facsimile (5091 777-1616 e - Moir mend ®foiter.cam WEST 422 R 1 S'E RSIDE Suite 1310 SPOKANE Washington 99201 -0302 Website WWW.I)) )ER.COM A NC UOUM E Alaska PORTLAND Oregon SEATTLE Washington SPOKANE WaSAtngton March 26, 2003 Page 2 543 • Our 13 municipal government lawyers have more than 220 combined years of experience practicing Washington government and public finance law_ Ten of those lawyers focus exclusively on municipal finance matters. Two of those lawyers —Jeff Nave and I— practice in Spokane. With this depth, we can provide the City with a knowledgeable lawyer at meetings with very shoe notice. The City Council and staff will not be required to adjust their schedules to accommodate our schedules. ■ FP&S is "nationally recognized" as bond counsel and has been for nearly 60 years. We routinely represent the State of Washington, state agencies, Indian tribes, counties, cities, school districts and other special purpose districts as bond counsel. FP&S has served as bond counsel to more than 450 governmental entities in the past decade. We recent]} were ranked by The Bond .Troyer (August 16, 2002) as the top bond counsel firm in Washington, based on total principal amount of all bond issues maturing in 13 months or more. During September 2002 alone, we sewed as bond counsel on 18 separate issues with an aggregate principal amount of S263,635,000. • FP&S has two "103" tax lawyers (Le. lawyers whose practices emphasize the federal tax aspects of municipal bonds) that practice in Washington, including the only "103" tax lawyer in .Spokane (Jeff Nave)_ This means that we can offer the City food and immediate access to a tax lawyer to address inquiries regarding the City's compliance with the federal tax laws that govern the City's ability to issue "tax- exempt" bonds. This also means that a tax lawyer can be present for City meetings on very short notice, We believe this capability will provide the City with a real benefit as it implements a federal tax compliance program within its finance department_ As part of the services included in our proposed bond counsel fee, we would be happy to provide the City Council and City staff with a "Municipal Borrowing 101" class so that you can be aware of the various laws applicable to the City and its Councilrnembers when bonds, notes and other forms of debt are issued, Jf we are selected as bond counsel, we expect to perform the following duties: (i) subject to the completion of proceedings to our satisfaction, render our legal opinion (the "Bond ()pinion ") regarding the validity and binding effect of the Bonds, the source of payment and security for the Bonds, and the excludability of interest on the Bonds from gross incornc for federal income tax purposes; (ii) prepare and review documents necessary or appropriate to the authorization, issuance and delivery of the Bonds, and coordinate the authorization and execution of such documents; (iii) review legal issues relating to the structure of the Bond issue; and (iv) review the section of the official statement, private placement memorandum or other form of offering or disclosure document to be disseminated in connection with the sale of the Bonds involving the federal income tax treatment of interest on the Bonds_ March 26, 2003 Page 3 Our Bond Opinion will be addressed to the City and will be delivered by us on the date the Bonds are exchanged for their purchase price. The Bond Opinion will be based on facts and law existing as of its date. In rendering our Bond Opinion, we will rely upon the certified proceedings and other certifications of public officials and other persons furnished to us without undertaking to verify the same by independent investigation, and we will assume continuing compliance by the City after the Bonds are issued with applicable laws relating to the Bonds. Duri.ng the course of this engagement, we will rely on the City to provide us with complete and timely information on all developments pertaining to any aspect of the Bonds and their security. We understand that elected officials and City staff will cooperate with us in this regard. Based upon: (i) our current understanding of the terns, structure, size and schedule of the financing represented by the Bonds; (ii) the duties we will undertake pursuant to this engagement letter; (iii) the time we anticipate devoting to the financing and (iv) the responsibilities we will assume in connection therewith, our fee will be $17,400, plus properly documented out -of- pocket costs, which should not exceed $500. Our fee may vary if: (a) the principal amount of Bonds actually issued is significantly less than S7,700,000; (b) material changes in the structure or schedule of the financing occur; or (c) if unusual or unforeseen circumstances arise that require a significant increase in our time or responsibility. 1f, at any time, we believe that circumstances require an adjustment of our original fee estimate, we will advise you. Our invoice for legal services will be presented to the City upon the issuance of Bonds. If the foregoing terms are acceptable to the City, please cause two copies of this letter to be executed by Mayor DeVlerning. One copy should be returned to me and the other should be retained in the City's files. We look forward to working with you. /s/ James P. McNeill iII Accepted and approved this day of , 2003. CiTY OF SPOKANE VALLEY, WASHINGTON Mike DeVleming, Mayor 3049466.02 FOSTER PEPPER. & SHEFELMAN PLLC SUBMITTED BY: Interim Finance Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -092 DATE ACTION IS REQUESTED: March 27, 2003 TITLE: March 31- December 31, 2003 Budget TYPE OF ACTION: X Ordinance APPROVED FOR CO �" IL PACKET: ATTACHMENTS: Resolution r City Manager Proposed Ordinance No. 62 Motion Ail Dept. Head Other Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings, advance to second reading, and adopt Ordinance No. 62. DISCUSSION: Following the incorporation vote in May 2002 and election of Council in November 2002, Council approved interim operating budgets for the period through March 30, 2003. These interim budgets allowed interim staff and Council to establish staffing levels and to develop and construct office and meeting space for operation of the City of Spokane Valley as of the March 31, 2003 date of incorporation. Staff has now prepared an operating budget for the balance of the year 2003 that has been reviewed by the Finance Committee. The preliminary budget document for the period March 31, 2003 through December 31, 2003 is an attachment to proposed Ordinance No. 62 that is recommended for adoption by the Council. ALTERNATIVES: None FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: ORDINANCE NO. 62 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD MARCH 31, 2003 THROUGH DECEMBER 31, 2003; ESTABLISHING AN ARTERIAL STREET FUND; ESTABLISHING A SEWER FUND; ESTABLISHING AN EQUIPMENT RENTAL & REPLACEMENT FUND; ESTABLISHING A RISK MANAGEMENT FUND; ESTABLISHING APPROPRIATIONS OF FUNDS FOR 2003; AND ESTABLISHING POSITIONS AND SALARY SCHEDULES FOR 2003. WHEREAS, R.CW 35.02.132 requires the City Council to adopt a first year budget for the period from incorporation to the end of the fiscal year; AND WHEREAS, a "Preliminary Budget" was submitted to the City Council and City Clerk on March 18, 2003; AND WHEREAS, the City Council scheduled and held a Public Hearing on the Proposed Budget on March 25, 2003, AND WHEREAS, the City Council desires to establish an Arterial Street Fund, a Sewer Fund, an Equipment Rental and Replacement Fund, and a Risk Management Fund to be included in the 2003 budget; NOWT', THEREFORE the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Arterial Street Fund Established. There is hereby established in the City treasury a fund known and designated as the "Arterial Street Fund" for the purpose of providing funds for construction and maintenance of arterial highways and city streets as authorized by RCW 46.68.070 or otherwise. Section 2. Sewer Fund Established. There is hereby established in the City treasury a fund known and designated as the "Sewer Fund" for the purpose of providing funds for construction and maintenance of arterial highways and city streets in coordination with the Spokane County Sewering project Section 3. Equipment Rental & Replacement Fund Established. There is hereby established in the City treasury a fund known and designated as the "Equipment Rental and Replacement Fund" for the purpose of providing funds for acquisition and maintenance of equipment to be used by city departments as authorized by Chapter 36.33A RCW and RCW 35.21.088, respectively. Section 4. Risk Management Fund Established. There is hereby established in the City treasury a fund known and designated as the "Risk Management Fund" for the purpose of providing funds for the City's risk financing activities. 1 eJ Section 5. Funds Appropriated. The Budget for March 31, 2003 through December 31, 2003 is appropriated by fund as follows: Fund Budget General Fund $ 13,885,076 Street Fund 3,941,315 Arterial Street Fund 400,000 Hotel/Motel Fund 10,000 County City Loan Fund 50,500 Capital Projects Fund 550,000 Special Capital Projects Fund 550,000 Street Capital Projects 1,500,000 Sewer Fund 1,000,000 Stormwater Management Fund 555,000 Equipment Rental & Replacement 70,525 Total Budget: $22,512,416 Section 5. Positions and Salary Schedules. The various positions and salary ranges for City employees are attached to this Ordinance as Appendix A. Section 6. Transmittal. A complete copy of the budget as adopted, together with a copy of the adopting Ordinance, shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of State Auditor and the Association of Washington Cities. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. Effective Date and Publication. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this day of March, 2003. Mayor, Michael DeVleming ATTEST: Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date 3 KO . ...� MIllf= et i i _w'.� __.- -.. _aeiow. • • 1 2e. �Fp ■ of o CITY OF SPOKANE VALLEY Preliminary Budget April 1 to December 37, 2003 R. W. Nowak Interim Finance Director Dated March 20, 2003 Budget Message City Manager /Finance Director Budget Message 1 - 7 City Profile Councilmembers & Staff 8 Planning Commission 9 Organizational Chart 10 Community Profile 11 Budget Guide About the Budget & the Budget Process 12 Spokane Valley Budget Policies 14 Basis of Accounting and Budgeting 15 Budget Summary Budget Ordinance Salary Schedule Professional Services Revenue Assumptions Expenditure Assumptions Budget Summary Revenues by Type Expenditures by Department Capital Expenditures for 2003 CITY OF SPOKANE VALLEY — 2003 BUDGET Table of Contents Revenues General Fund 27 Other Funds 28 Expenditures City Council 30 City Manager 32 Finance 34 Legal 37 Public Safety J8 Administration 40 Public Works 44 17 19 20 21 22 23 24 25 26 Planning & Community Development 46 Building 48 Parks and Recreation 50 General Government 54 Street Fund 55 Arterial Street Fund 56 Hotel/Motel Fund 56 County City Loan Fund 57 Capital Projects and Special Capital Projects Funds 57 Street Capital Projects 58 Sewer Fund 59 Stormwater Management 59 Equipment Rental & Replacement 60 Risk Management Fund 61 ii March 20, 2003 City of Spokane Valley The Honorable Mayor DeVleming and Councilors City of Spokane Valley Spokane Valley, Washington Dear Mayor DeVleming and Councilors: It is with considerable pleasure and satisfaction that 1 present you with recommendations for this City's first annual budget for the year ending December 31, 2003. This budget will be followed by an endless succession of similar documents over the years. However, there can be only one starting point that attempts to address the hopes and aspirations of a new community. This budget is also important in that it represents a justification for the efforts made to incorporate this City by responding to the various issues and concerns that led the citizens of Spokane Valley to make this decision. These concerns can best be summarized as (1) planning and growth management to improve the quality of life in this community, (2) a desire to maintain or improve the level of public safety and - law enforcement, (3) improve transportation and traffic management, (4) expand family recreation and cultural opportunities, and (5) economic development to create new job opportunities. The success of this, and future budgets, will ultimately be determined by your success in addressing these major concerns. In addition, the City will be tested by its ability to establish a strong financial and organizational foundation that will ensure a successful future for this City. Budget Format Pages that follow provide increasing levels of detail about our recommended budgets for the City's Funds. Major funds are the General Fund, Street Fund, Street Capital Projects, Sewer Fund, and Stormwater Management. Descriptions and goals of these funds are included in the budget detail sheets that follow. Speaking broadly, the General Fund accounts for services while the Street Fund and Street Capital Project Fund accounts for items. Essentially these three funds are the ones from which most direct expenditures are made. In addition to these, the Stormwater 11707 E. Sprague • Suite 106 • Spokane Valley, Wa. • 99206 • (509) 921 -1000 • Fax (509) 921 -1008 Management Fund tracks revenues and expenditures for the City's surface water management program. In addition, the budget contains a description of the new City's organization, a description of City departments and operations, and some details about the City itself. Highlights & Goals A city budget should be far more than a mere accounting document. It should also be an expression of Council policy and hopefully the embodiment of community aspirations. A number of these aspirations and goals are incorporated into the following program areas. As with other new cities, Spokane Valley is encumbered and pressured by the necessity to build an organization and establish major policy directions within a short space of time. For this reason the Council has wisely chosen to contract for several major services allowing time to review and research alternative methods to provide these programs more efficiently and effectively. The primary exception to this policy was the land use and planning function, which Council determined to be the most critical element in exercising local control. Planning and Land Use - This program can be divided into two phases. First is implementation of a Current Planning, Building service and establishing a "One Stop" Permit Center. Council decision not to impose a building moratorium requires that these critical services be on line and operational on March 31 to facilitate applications for new development. Spokane County will transfer all pending land use applications to the City on March 31. This may impose some delay and hardship on a few developments that are waiting approval. The staff will do their best to expedite and accommodate these projects. To implement these policies, the Council has also established an independent Planning Department, a Building Services Department and a Planning Commission. To oversee this critical function, your interim Planning Director, Jim Hams, and staff have done well in developing the various ordinances and policies that will be required to meet City responsibilities in this area. We are particularly grateful to Bob Ely, our Interim Building Official, for getting this important operation organized and operational without the usual moratorium that allows a more gradual transition. Phase two will be the development and creation of the first comprehensive plan for Spokane Valley. This is a process that will serve to bring the City together as a community by identifying common goals. To accomplish this task, it is critical that the process taking place over the next eighteen months involve the entire community. This budget provides funds to underwrite this major effort. Transportation and Traffic Management - Most certainly, one rational for incorporation was concern with the transportation and traffic management. For this reason, this budget, and future budgets, will emphasize 2 1 1 roadway improvements. - Over the next few years, considerable attention will be placed on securing grants and other funding to maintain and upgrade the condition of the City streets. While improving the movement of vehicular traffic is a primary City goal, the safety of pedestrians, particularly school children, is also certain to emerge as a major Council objective. Surface Water Management - The City has assumed responsibility for the surface water system previously managed and maintained by Spokane County. The City will contract initially with Spokane County for maintenance. However, in order to improve the level of management, the Council will establish new maintenance standards and solicit proposals to provide this service. During the balance of 2003, the City will evaluate this program and select a provider for 2004. Parks and Recreation - The City anticipates assuming responsibility for nine parks from Spokane County, plus three swimming pools. The City will soon approve a contract with Spokane County to maintain these parks, pending a decision by Council whether the City should undertake this responsibility in 2004. The Council is also moving aggressively to expand the existing County recreation program to serve the community with new emphasis on our younger citizens. Although not included in this preliminary budget, Council may want to consider expanding the availability of the swimming pools to include evening hours and perhaps staying open through Labor Day. Law Enforcement - High quality police protection is always the foundation of a successful city. One of the first major policy decisions rendered by the City Council was to maintain the level of police services to the Citizens of Spokane Valley. The proposed budget provides for a force of 101 officers and establishes a Property Crimes Unit in the Valley precinct. More important, the Sheriff has agreed to organize a City style Police Detachment to emphasize Community based patrol. This means that patrol officers will assume greater responsibility for specific areas of the City, allowing patrol officers to become better acquainted with the population they serve and the problems that will be encountered. Significant Accomplishments In addition to the service enhancements mentioned above in "Highlights ", the City accomplished the following during this pre - incorporation period: • Adopted a resolution to continue the City's existing relationship with Valley Fire and Rescue Districts No. 1 for a one year period. At that point the City must decide whether to form a City Department, contract with existing districts or annex to District No.1 . 3 • The City has also opted to contract with the Spokane Regional Library District pending a final decision on a relationship with that agency. This contract includes an agreement that a facilities plan will be developed over the ensuing 12 months to identify the need, potential location and financing plan for a much needed new library facility. • Recruitment for the permanent City Manager and Department Directors is well underway and successful candidates will be reporting over the next three months. In the meantime, 1 am extremely pleased by the high quality of persons we have been able to attract to serve in the various City Departments. Our emphasis has been on selecting individuals who share the Council's vision to provide "customer oriented" services to the citizens of Spokane Valley. • Negotiated interlocal agreements with Spokane County for interim services. Each of these programs will be carefully evaluated over the next few months to determine what is the most efficient and cost effective means to provide a high quality service. Council has made it clear that these contracts must be analyzed to determine if these responsibilities can be accomplished more efficiently by bidding out to other agencies and /or the private sector, or whether they should be performed by City forces. Additional Coals for 2004 Road Maintenance Animal Control Solid Waste Services Police Services Surface Water Management Adult Detention (Jail) District Court Prosecution Services Public Defender Park Maintenance Road Improvements (to continue work in progress) A traditional prerogative of the City Manager is to offer recommendations and suggestions for Council consideration. Following are three proposals that may be reviewed within the context of this budget. Mirabeau Center - The Council is very supportive of the proposed Mirabeau Center as a means to provide a major cultural opportunity for citizens of Spokane Valley and as a replacement for the badly deteriorated Senior Center. The Council proposes to work closely with the Spokane Public Facility District, Spokane County and the City of Spokane to accomplish this project. However, City support should be conditioned on developing a financial plan that will not impair or risk the City's financial credit. Wastewater Treatment - City staff has been assigned the task of reviewing the proposed new wastewater treatment plant to determine if a regional approach 4 1 might better serve the interests of this City. This effort may result in some delay with regard to the current County efforts to begin construction on the new plant. However, this review is important to insure that the project meets the needs of Spokane Valley in the most efficient and cost effective manner. The City of Spokane has assured us that additional capacity will be made available to this City as necessary to avoid any potential harm that might otherwise be caused by this delay. 1 strongly recommend that the City continue to explore options that would allow selection of the most cost effective solution for wastewater treatment. City Offices - The Council determined that leasing space for City Offices was the most prudent option over the short term. Fortunately, appropriate space was available to the City at a very favorable rate so a four year term was negotiated. This will allow a reasonable time period to evaluate other long -term options including building a City Center that might incorporate other public functions such as a Municipal Court. Wastewater Collection - It is critical that there be no loss of momentum in the current program to install sanitary sewers to replace remaining septic systems. This multi -year program is vital to protect the aquifer that supplies our community drinking water. It is also important that this work incorporate curb to curb asphalt overlays to maintain the integrity of the street surface. Appleway - I recommend that the City Council authorize an evaluation of the Appleway Couplet to determine if an extension of this arterial is warranted. Major Budget Issues Although this is your first annual budget, there are a number of significant policy issues involved that the Council will address during its review and consideration of the Manager's recommendations. Among the issues are the following: Setting the Tax Rate - Prior to incorporation, the County levied a Road District: tax of $1.84 in addition to the general County property tax. This Road Tax will be eliminated in 2004 by the incorporation of Spokane Valley. The City is limited by law to a rate of $1.60 per $1000 of assessed valuation plus any unused portion of its authorized rate not utilized by the Fire District. I recommend that the Council levy the $1.60 which will result in a saving of $0.21 per $1000 AV for all property owners in the new City. This rate will still allow the City to maintain services at their current level. Utility Tax - Although suggested by the incorporation study, the Council has determined that it does not wish to impose the utility tax authorized by State law and utilized by most cities in Washington. Your reasoning is that imposing this tax would increase the level of total taxes paid by the residents of Spokane Valley above the amount previously paid as an unincorporated area. I understand this objective so, 5 therefore, this budget makes no provision for this tax. However, this tax option remains in reserve in the event of unforeseen emergencies or should the community determine the need for a major project that can not be accommodated within current revenue limitations. Mirabeau Center - In 2002 the citizens of Spokane County, including a majority in Spokane Valley, voted to approve a transfer of $0.33 from the State sales tax to finance an expansion of the Spokane Convention Center and Fairgrounds along with construction of the Mirabeau Center in Spokane Valley. The City Council must now determine how the City can provide the necessary bond guarantees and manage this project without impairing the City's credit rating. 1 suggest it is most likely that this can best be accomplished by issuing separate City bonds, rather than being part of a combined issue. Comparison to Incorporation Study Prior to the July, 2001 Spokane Valley incorporation vote, a feasibility analysis was conducted for the Washington State Boundary Review Board. That analysis projected revenues and expenses for the new City during the first full year of incorporation. This budget as proposed is only slightly at variance with those projections. In general, it appears that full year revenues may be slightly less than projected but expenditures are also lower than expected. Conclusion In these few short months, the City of Spokane Valley has laid a solid foundation for local government and community responsiveness. With this budget, the Council can review the design of this foundation as a basis for providing additional levels of services for the citizens of the City. It is predictable that there were a few difficult learning experiences along the way, but it is important that from the beginning, the City has sought to make the exercise of municipal governance meaningful. The future is up from here. On behalf of our dedicated and collegial staff, it has been a pleasure to serve you during the City's - November to April incubation period. I am particularly grateful to Bob Noack and the Interim Staff for their dedication and outstanding service, which were instrumental in bringing this budget together. We look forward to Spokane Valley's continued success and the opportunity to serve you in the future. Presentation of this first annual budget is essentially the last significant task I will perform for the City of Spokane Valley before 1 fade away into well- deserved obscurity. 1 can truly say that this had been perhaps the most enjoyable new city assignment 1 have undertaken. 1 believe this is a combination of having an outstanding and caring Council 6 0 to work with and a highly qualified Interim Staff. Given these almost five months of experience, I am certain the City is in good hands and faces a splendid future. Respectfully, Robert Noack Interim Finance Director CITY OF SPOKANE VALLEY, WASHINGTON City Council Members Michael DeVleming, Mayor Position #3 Diana Wilhite, Deputy Mayor Position #1 Steve Taylor Position #2 Gary Schimmels Position #4 Staff Lee Walton, Interim City Manager Stan McNutt, Interim Deputy City Manager Stanley Schwartz, Interim City Attorney Bob Ely, Interim Chief Building Inspector. Robert W. Noack, Interim Finance Director Ruth Muller, Interim City Clerk Dick Warren, Interim Public Works Director Bill Hutsinpiller, Interim Parks and Recreation Director James Harris, Interim Planning Director. 8 Richard Munson Position #5 Mike Flanigan Position #6 Dick Denenny Position #7 The City Council passed Ordinance Number 35 that created a Planning Commission and established the duties of the Commission. The Commission is composed of 7- members with 3 year staggered terms. Members must live within the City. The Commission makes recommendations to the Council concerning the comprehensive plan, development regulations, shoreline management, environmental protection, capital improvements, and other matters as directed by the Council. City of Spokane Valley Planning Commission Applications are currently being taken by the City and members will be appointed in April 2003. = Prothrnan Interim; Position will continue = New Additional City Positions Contract I Positions ; — (Consulting) i Bldg. Inspector II 3/24 Bldg Inspector II 4/01 Associate Planner 2/17 Associate Planner 30 0 Administrative Assistant (V Shared with PW) 12/20/02 Building Official 6/01 L__ Long Range Planning Mgr. 1/20 urren anntng Mgr. 1 /20 Plans Examiner 3/24 Permit Specialist 3/24 Assistant Planner (DON) Assistant Planner (DON) Community Development Dir. 6/15 • rearming Technician 2/3 Code Enforcement Off, 6/1 Admtntstratrve Assistant (Y/ Shared with CD) 12/20/02 Capital Protects Senior Engineer 7/01 Capital Projects Assistant Eng. (DON) Traffic — Engineering GIS Tech. - 1/2 5/20 City of Spokane Valley Staffing and Organization Chart 1 With Actual /Anticipated Start Dates Fiscal Year 2003} Office of the j • _ City Attorney —• Public Works Director 6/15 City Engineer 3/17 1 _ Engineering Technician 6/1 Citizens of Spokane Valley City Council 1 City Manager 51 Development Senior Engineer 5/01 Development Assistant Eng. • (DON) I � 1 Chief of Police j 1 Maintenance Superintendent 1/13 Maintenance Worker 7/1 On Call Contracted I Services: - FIR -IT - Misc, Contracts I Administrative Analyst 7/1 Adm1stratMe Assistant (DON) Deputy City . Manager 811 • IT Specialist - 1/2 5/20 MR/Admin. Assistant 2/3 City Clerk 6/1 Office Assistant (Receptionist) 12/20/02 Deputy City Clerk 7/1 (DON) = Depending on Need; Position will be budgeted but not filled untit work Iaad justifies need Finance Director 7/1 Accounting Manager 1/20 1 Accountant/ Budget Analyst 6/15 Accounting Technician 2/15 Packs and Recreation Dir. 7/1 Administrative Assistant 5/15 • Senior Center . Coordinator Recreation Coordinator 1/21 • I 1 Recreation Assistants LOCATION The City of Spokane Valley is located in the eastern part of Spokane County adjacent on the east by the City of Liberty Lake and on the west by the City of Spokane and is accessible from 1 -90, SR 27 and SR 290. Demographics Square Miles Population Housing Units Miles of Paved Streets CITY COUNCIL Mike DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schirmels, Councilmember Steve Taylor, Councilmember MUNICIPAL SERVICES Law Enforcement The City of Spokane Valley contracts with the Spokane County Sheriffs Office for its law enforcement services. The City also contracts with Spokane County for jail and court services. The Washington State Patrol also provides services on state and interstate highways and as backup for emergencies. Fire Protection Spokane County Fire District 1, the largest District in Spokane County, provides fire protection as well as basic and advanced EMT life support services for the Central portion of the City. The northern portion of the City will be served by Spokane County Fire District 9, with the southern portion served by Spokane County Fire District 8. COMMUNITY PROFILE 38.5 Animal Control 80,693 Animal control services are provided by the 37,867 Spokane County Animal Control 420 Department, and is staffed with Animal Control Officers trained and commissioned by Spokane County Sheriff's Department. 11 Library Services The Spokane County Library District provides library services to the City. Public Works The City's engineering and roads maintenance is provided by the City's Planning and Public Works Departments. Parks and Recreation The City of Spokane Valley contracts with Spokane County for the maintenance of parks within the community. Recreational Facilities • Balfour Park • Brown Park • Castle Park • Centennial Trail • Edgecliff Park • Mirabeau • Orchard Park • Park Road Park • Sullivan Park • Terrace View Park and Pool • Valley Mission Park, Pool and Senior Center Educational Services The City of Spokane Valley is served by: • Central Valley School District No. 356 • East Valley School District No. 361 • Spokane School District No. 81 • West Valley School District No.363 • (7) private schools About the Budget and the Budget Process The budget includes the financial planning and legal authority to obligate public funds. Additionally, the budget provides significant policy direction by the City Council to the staff and community. As a result, the City Council, staff and public are involved in establishing the budget for the City of Spokane Valley The budget provides four functions: 1. A Policy Document The budget functions as a policy document in that the decisions made within the budget will reflect the general principles or plans that guide the actions taken for the future. As a policy document, the budget makes specific attempts to link desired goals and policy direction to the actual day -to -day activities of the City staff. 2. An Operational Guide The budget of the City reflects its operation. Activities of each City function and organization have been planned, debated, formalized, and described in the following sections. This process will help to maintain an understanding of the various operations of the City and how they relate to each other and to the attainment of the policy issues and goals of the City Council. 3. A Link with the General Public The budget provides a unique opportunity to allow and encourage public review of City operations. The budget describes the activities of the City, the reason or cause for those activities, future implications, and the direct relationship to the citizenry. 4. A Legally Required Financial Planning Tool . The budget is a financial planning tool, which has been its most traditional use. In this light, preparing and adopting a budget is a State law requirement of all cities as stated in Title 35A of the Revised Code of Washington (RCW). The budget must be adopted as a balanced budget and must be in place prior to the expenditure of any City funds. The budget is the legal authority to expend public moneys and controls those expenditures by limiting the amount of the appropriation at the fund level. The revenues of the City are estimated, along with available cash carry- forward, to indicate funds available. The budget takes into account unforeseen contingencies and provides for the need for periodic adjustments. The Budget Process — First Year The budget process for a new city in its first year is different than the normal budget process. Prior to the official date of incorporation, the interim council must adopt a first year budget. The budget will actually deal with only a partial year, covering the period from the official date of incorporation until January 1 of the following year. The interim City Manager will prepare a preliminary budget to be made public at least 60 days prior to the official incorporation date. For this preliminary budget that was not possible due to a lack of data concerning staffing and service contracts. A budget hearing must be 12 held before the incorporation date and any taxpayer may appear and be heard regarding the proposed final budget. Following the budget hearing, the council may make any adjustments or changes in the proposed budget as it deems necessary. The council may adopt the final budget (by ordinance to be effective on the official incorporation date) at the conclusion of the public hearing or at any time before the official incorporation date. Year 2004 Budget Process The budget process for the City of Spokane Valley is, in some respects, an ongoing, year - round activity. The formal budget planning begins in July with discussions between the City Manager and City Council during a mid -year retreat. Following the retreat, the City Manager and the Department Directors prepare the preliminary budget based upon the City Council priorities. The City Council reviews the preliminary budget during November and December. The City of Spokane Valley budget procedures are mandated by RCW 35A.33.135. There are several steps in the budget process. The first requirement is that the City Manager submit estimated revenues and expenditures to the City Council on or before the first Monday in October. The preliminary budget is presented to the City Council in November. Public hearings are held to obtain taxpayers' comments, and revisions, as applicable, are made. The Council makes its adjustments to the preliminary budget and adopts by ordinance a final balanced budget no later than December 31. The final operating budget as adopted is published, distributed, and made available to the public during the first three months of the following year. The City Manager is authorized to transfer budgeted amounts within an account; however, any revisions that alter the total expenditures of a fund, or that affect the number of authorized employee positions, salary ranges or other conditions of employment must be approved by the City Council. When the City Council determines that it is in the best interest of the City to increase or decrease the appropriation for a particular fund, it may do so by ordinance approved by one more than the majority after holding one public hearing. This is usually performed once a year. 13 City of Spokane Valley Selected Budget Policies Department directors have primary responsibility for formulating budget proposals in line with City Council and City Manager priority direction, and for implementing them once they are approved. The Finance Department is responsible for coordinating the overall preparation and administration of the City's budget and Capital Investment Program Plan. This function is fulfilled in compliance with applicable State of Washington statutes governing local government budgeting practices. The Finance Department assists department staff in identifying budget problems, formulating solutions and alternatives, and implementing any necessary corrective actions. Interfund charges will be based on recovery of the direct costs associated with providing those services. Regular employee positions will normally be budgeted only in the City's operating funds and will be retained in accordance with rules established by the Finance Department. Budget adjustments requiring City Council approval will occur through the ordinance process at the fund level coordinated by the Finance Department and will occur prior to fiscal year end. The City's budget presentation will be directed at displaying the City's services plan in a Council/constituent - friendly format. Ending fund balances, excluding contingency funds, for all operating funds will be budgeted at a level of no less than five or more than ten percent of the total budgeted new revenue for each year. For the purpose of this policy "new revenue" means total budgeted revenue, less beginning fund balances and interfund receipts. The City will maintain equipment replacement funds that will receive annually budgeted contributions from the operating expenses of departments owning the capital equipment in an amount necessary to replace the equipment at the end of its useful life. Life cycle assumptions and required contributions will be reviewed annually as part of the budget process 14 LI J i J U BASIS OF ACCOUNTING AND .BUDGETING Accounting A.ccounting records for the City are maintained in accordance with methods prescribed by the State Auditor under the authority of Washington State law, Chapter 43.09.20 RCW, and in compliance with generally accepted accounting principles as set forth by the Governmental Accounting Standards Board. Basis of Presentation - Fund A.ccountinQ The accounts of the City of Spokane Valley are organized on the basis of funds, each of which is considered a separate accounting entity. Each fund is accounted for with a separate set of double -entry accounts that comprise its assets, liabilities, fund equity, revenues .and expenditures or expenses, as appropriate. The City's resources are' allocated to and accounted for in individual funds depending on their intended purpose. The following are the fund types used by the City of Spokane Valley: Governmental Fund Types Governmental funds are used to account for activities typically associated with state and local government operations. All govern rental fund types are accounted for on a spending or "financial flows" measurement focus, which means that typically only current assets and current liabilities are included on related balance sheets. The operating statements of governmental funds measure changes in financial position, rather than net income. They present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. There are four governmental fund types used by the City of Spokane Valley: General Fund This fund is the primary fund of the City of Spokane Valley. It accounts for all financial resources except those required or elected to be accounted for in another fund. Special Revenue Funds These funds account for revenues that are legally restricted or designated to finance particular activities of the City of Spokane Valley. Special Revenue funds include the Street Fund and Arterial Street Fund. Debt Service Funds These funds account for financial resources which are designated for the retirement of debt. Debt Service funds are comprised of the County City Loan Fund and Tax Anticipation Note Fund. Capital Project Funds These funds account for financial resources, which are designated.for the acquisition or construction of general government capital projects. Capital Project Funds include the Capital Project Fund and Special Capital Projects fund. 15 Proprietary Fund Types Proprietary funds are used to account for activities similar to those found in the private sector where the intent of the governing body is to finance the full cost of providing services, including depreciation, which based on the commercial model uses a flow of economic resources approach. Under this approach, the operating statements for the proprietary funds focus on a measurement of net income (revenues and expenses) and both current and non - current assets and liabilities are reported on related balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components. As described below, there are two generic fund types in this category: Enterprise Funds These funds account for operations that provide goods or services to the general public and are supported primarily user charges. The Sewer Fund and Stormwater Management Fund are included in this group of funds. Internal Service Funds These funds account for operations that provide goods or services to other departments or funds of the City. The Equipment Rental and Replacement Fund and Risk Management Fund arc included in this group of funds. Basi s of Accounting Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. The City of Spokane Valley uses a modified accrual basis of accounting. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting for enterprise and internal service funds is full accrual. The appropriate basis is used throughout the budgeting, accounting, and reporting processes. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up ", and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus of budgeting is on the revenues and expendable accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Budgets and Budgetary Accounting Annual appropriated budgets are adopted for all funds. These funds are budgeted on the modified cash basis of accounting. The financial statements include budgetary comparisons for those funds. Budgets are adopted at the fund level that constitutes the legal authority for expenditures. Annual appropriations for all funds lapse at the fiscal period end. 0 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASFIINGTON, ADOPTING A BUDGET FOR THE PERIOD APRIL, 1, 2003 THROUGH DECEMBER 31, 2003; ESTABLISHING AN ARTERIAL STREET FUND; ESTABLISHING A SEWER FUND; ESTABLISHING AN EQUIPMENT RENTAL & REPLACEMENT FUND; ESTABLISHING A RISK MANAGEMENT FUND; ESTABLISHING APPROPRIATIONS OF RINDS FOR 2003; AND ESTABLISHING POSITIONS AND SALARY SCHEDULES FOR 2003. WHEREAS, RCW 35.02.132 requires the City Council to adopt a first year budget for the period from incorporation to the end of the fiscal year; AND WHEREAS, a "Preliminary Budget" was submitted to the City Council and City Clerk on March 18, 2003; AND WHEREAS, the City Council scheduled and held a Public Hearing on the Proposed Budget on March 25, 2003, AND WHEREAS, the City Council desires to establish an Arterial Street Fund, a Sewer Fund, an Equipment Rental and Replacement Fund, and a Risk Management Fund to be included in the 2003 budget; NOW, THEREFORE the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Arterial Street Fund Established. There is hereby established in the City treasury a fund known and designated as the "Arterial Street Fund" for the purpose of providing funds for construction and maintenance of arterial highways and city streets as authorized by RCW 46.68.070 or otherwise. Section Sewer Fund Established. There is hereby established in the City treasury. a fund known and designated as the "Sewer Fund" for the purpose of providing funds for construction and maintenance of arterial highways and city streets in coordination with the Spokane County Sewering project Section 3. Equipment Rental & Replacement Fund Established. There is hereby established in the City treasury a fund known and designated as the "Equipment Rental and Replacement Fund" for the purpose of providing funds for acquisition and maintenance of equipment to be used by city departments as authorized by Chapter 36.33A RCW and RCW 35.21.088, respectively. Section 4. Risk Management Fund Established. There is hereby established in the City treasury a fund known and designated as the "Risk Management Fund" for the purpose of providing funds for the City's risk financing activities. 17 Section 5. Funds Appropriated. The Budget for April 1, 2003 through December 31, 2003 is appropriated by fund as follows: Fund Bude;et General Fund $13,885,076 Street Fund 3,941,315 Arterial Street Fund 400,000 Hotel/Motel Fund 10,000 County City Loan Fund 50,500 Capital Projects Fund 550,000 Special Capital Projects Fund 550,000 Street Capital Projects 1,500,000 Sewer Fund 1,000,000 Stormwater Management Fund 555,000 Equipment Rental & Replacement 70.525 Total Budget: $22,512,416 Section 5. Positions and Salary Schedules. The various positions and salary ranges for City employees are attached to this Ordinance as Appendix A. Section 6. Transmittal. A complete copy of the budget as adopted, together with a copy of the adopting Ordinance, shall be transmitted by the City Clerk to the Division of Municipal Corporations of the Office of State Auditor and the Association of Washington Cities. Section 7. Severability. Should any section, paragraph, sentence, clause or phrase of this Ordinance, or its application to any person or circumstance, be declared unconstitutional or otherwise invalid for any reason, or should any portion of this Ordinance be preempted by state or federal law or regulation, such decision or pre- emption shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 8. Effective Date and Publication. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. PASSED by the City Council this day of March, 2003. Mayor, Michael DeVleming 18 Position Title Grade 2003 Range City Manager Unclassified Deputy City Manager 21 $ 6,964 - $ 9,000 Community Development Director 21 6,964 - 9,000 Finance Director 21 6,964 - 9,000 Public Works Director 21 6,964 - 9,000 Parks and Recreation Director 19 5,641 - 7,290 City Engineer 19 5,641 - 7,290 Senior Engineer 18 5,077 - 6,561 Planning Manager 18 5,077 - 6,561 Building Official 18 5,077 - 6,561 City Clerk 16 4,112 - 5,314 Senior Planner 16 4,112 - 5,314 Accounting Manager 16 4,112 - 5,314 IT Specialist 15 3,701 - 4,783 Associate Planner 15 3,701 - 4,783 Recreation Coordinator 15 3,701 - 4,783 Assistant Engineer 15 3,701 - 4,783 Public Works Superintendent 15 3,701 - 4,783 Accountant/Budget Analyst 14 3,331 - 4,305 Administrative Analyst 14 3,331 .- 4,305 Assistant Planner 14 3,331 - 4,305 Building Inspector II 14 3,331 - 4,305 Plans Examiner 14 3,331 - 4,305 GIS Technician 14 3,331 - 4,305 Engineering Technician 14 3,331 - 4,305 Deputy City Clerk 13 2,998 - 3,874 Code Enforcement Officer . 13 2,998 - 3,874 Building Inspector I 13 2,998 - 3,874 Planning Technician 13 2,998 - 3,874 Administrative Assistant 12 2,698 - 3,487 Permit Specialist 12 2,698 - 3,487 Accounting Technician 12 2,698 - 3,487 Maintenance Worker II 12 2,698 - 3,487 Office Assistant II 11 2,428 - 3,138 Maintenance Worker I 11 2,428 - 3,138 Office Assistant I 10 2,185 - 2,824 ri LJ 3/19/2003 10:58 AM EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE 2003 Salary Schedule 19 EXHIBIT A PROFESSIONAL SERVICES FEES Professional fees for providing management services to the City of Spokane Valley are listed below, Position Per Hour General Government *Project Manager City Manager *Interim City Manager Finance *Interim Finance Director Interim Accounting Manager Interim Accounting Clerk Legal Contract City Attorney Administrative Services *Interim Deputy City Manager *Interim City Clerk . Interim Contract Consultant *Interim Human Resources Specialist Interim Administrative Asst. $ 125 $ 85 $ 70 56 28 $ 140 83 56 85 63 21 Interim Office Assistant I (2) $ 21 Position Community Development *Interim Community Development Dir * Interim Long Range Planning Mgr. 20 Interim Long Range Planner Interim Current Planning Manager Interim Planner Interim Planning Technician Interim Building Official Interim Senior Building Inspector Interim Permit Technician Parks & Recreation *Interim Parks & Recreation Consultant Interim Recreation Coordinator Street Fund *Interim Public Works Director *Interim Public Works Supervisor Interim Public Works Specialist Interim Engineering Technician Per Hour 70 $ 56 $ 42 $ 56 $ 42 $ 28 $ 70 $ 56 28 70 35 $ All costs incurred during the project are the responsibility of the City. Expense items include but are not limited to: ✓ Facsimile and delivery expenses ✓ Printing of documents and materials ✓ Travel expenses and related costs for the Project Manager and Contracts Manager ✓ Travel expenses for interim team members excluding interim team travel to and from home ✓ The individuals whose name is preceded by an asterisk shall receive a monthly stipend for housing of $600 per month. The monthly stipend will be pro -rated per week ✓ Other associated miscellaneous costs ✓ Mileage reimbursement of $.35 per mile 70 56 58 28 l 2003 PRELIMINARY BUDGET Major Revenue Assumptions 1. The 2003 population figure used in the 2003 Preliminary Budget is 80,693 as determined by the Office of Financial Management for the State of Washington. This figure is important when determining distribution of State shared revenues on a per capita basis. The 2003 assessed valuation (AV) is $4,056,439,390 as determined by the Spokane County Assessor. 3. The Spokane County Road Tax receipts were estimated by the Spokane County Treasurer. The City receives only those revenues collected after incorporation and the Treasurer estimates the City will receive 96.6% of the amount levied. 4. Estimates for sales tax receipts were taken from the Boundary Review Board (BRB) Incorporation Study dated July 2001 adjusted to 2003 levels. 5. Gambling tax estimates were estimated from amounts listed by the BRB Incorporation Study adjusted downward to reflect a lowering of the card room rate from 15% to 10 %. 6. Franchise fees were based upon the Boundary Review Board Incorporation Study. 7. Liquor excise taxes and liquor profits are based upon estimates from the Municipal Research Center. 8. Fines & Forfeits were based upon the Boundary Review Board Incorporation Study. ' 9. Building permit and land use fees were estimated by the Spokane County Building Department based upon historical records and adjusted downward to reflect the current economy. 10. Real estate excise taxes were based upon the Boundary Review Board Incorporation Study. 1 1 . Gas tax revenues are based upon estimates from the Municipal Research Center. 12. The Storrnwater Management fee is based upon an Equivalent Residential Unit (ERU), or the amount of stormwater associated with the frontage of a standard residence. 2003 PRELIMINARY BUDGET Major Expenditure Assumptions 1. Service levels are the same or greater than provided prior to the March 31, 2003 incorporation date. 2. Positions and salary ranges are based upon cities comparable to the City of Spokane Valley. For budget purposes the mid -step of the range was used. 3. Ending dates for contract employees were estimated by the Prothman Company, the consulting company engaged to provide the interim staffing team. Actual employment dates will be dependant upon the selection of the permanent City Manager. 4. Benefit amounts were based upon the proposed employee benefits plan as presented in Ordinance 44. 5. The contract costs for public safety, park maintenance and street maintenance are based upon estimates by Spokane County. 6. Other costs were based on Spokane County estimates and comparisons with similar size cities. 7. Accounting and building permit software costs are estimates based upon a review of available software products. The actual selection of the software has not been made. 22 Fund 001 General Fund 101 Street Fund 102 Arterial Street Fund 107 Hotel /Motel Fund 202 County -City Loan Fund 301 Capital Projects Fund 302 Special Capital Projects 303 Street Capital Projects 401 Sewer Fund 402 Stormwater Management 501 Equipment Rental 510 Risk Management 3/20/2003 10:42 AM City of Spokane Valley 2003 Budget Summary Est. Beg Fund Balance $ (932,000) $ $ (932,000) $ Revenues 13,641,500 8,040,963 405,000 229,000 50,500 563,556 563,556 1,500,000 1,000,000 770,000 79,108 25,840 26,869,023 23 Expo itures $ 13,885,076 3,941,315 400,000 10,000 50,500 550,000 550,000 1,500,000 1,000,000 555,000 70,525 $ 22,512,416 Est. Ending Fund Balance $ (1,175,576)' 4,099,648 5,000 219,000 13,556 13,556 215,000 8,583 25,840 3,424,607 The deficit beginning fund balance reflects costs incurred during the interim period. The deficit ending fund balance will be covered through an interfund loan from the Street Fund. 3/19/2003 2:59 PM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Revenues by Type General Fund Sales Tax $ 10,000,000 Gambling Tax 462,500 Leasehold Excise Tax 10,000 Franchise Fees 272,000 State Shared Revenues 528,000 Service Revenues 1,214,000 Fines and Forfeitures 1,099,000 Recreation Program Fees 35,000 Investment Interest 21,000 13,641,500 Other Funds Street Fund 8,040,963 Arterial Street Fund 405,000 Hotel /Motel Fund 229,000 County City Loan Fund 50,500 Capital Projects Fund 563,556 Special Capital Projects Fund 563,556 Street Capitial Projects Fund 1,500,000 Sewer Fund 1,000,000 Stormwater Management Fund 770,000 Equipment Rental & Replacement 79,108 Risk Management Fund 25,840 Total All Funds $ 26,869,023 24 3/19/2003 11:17 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Expenditures by Department S eneral Fund City Council $ 73,267 City Manager 135,570 Finance 256,240 Legal 108,000 Public Safety 9,747,890 Administrative Services Deputy City Manager 200,474 City Clerk 164,486 Human Resources 35,530 Public Works 472,618 Planning & Community Dev. Planning 681,488 Building 352,585 Parks & Recreation 928,998 General Government 727,930 Total General Fund 13,885,076 Other Funds Street Fund 3,941,315 Arterial Street Fund 400,000 Hotel /Motel Fund 10,000 County City Loan Fund 50,500 Capital Projects Fund 550,000 Special Capital Projects Fund 550,000 Street Capitial Projects Fund 1,500,000 Sewer Fund 1,000,000 Stormwater Management Fund 555,000 Equipment Rental & Replacement 70,525 Risk Management Fund Total All Funds $ 22,512,416 25 3/19/2003 10:59 AM General Fund 014 Finance Department Business Registration Software $ 14,400 Financial System Printer 1,200 Financial System Server 8,043 Financial System Software 174,764 198,407 016 Public Safety Auto Equipment (Radar) 018 City Clerk Fireproof File City of Spokane Valley Capital Expenditures for 2003 032 Public Works Maintenance Worker Truck • 25,944 3,000 19,458 058 Building Department Building Department Cash Register 400 Building Department Printer 200 Building Department Software 52,290 Building Inspection Truck 19,458 CeII Phones /Radio (2) 242 CeII Phones/Radio (4) 484 73,074 076 Parks & Recreation Department 15 passenger Van 20,000 Registration Computer 800 090 General Government Computers Council Office 9,500 Office Furniture - Council Office 40,000 49,500 101 - Street Fund Capital Expenditures - Sedan 16,000 Capital Expenditures - Small Tools 2,500 Capital Expenditures - Truck 19,000 37,500 501 Equipment Rental & Replacement Pool Car - Sedan Pool Car - Midsize Van 20,800 17,000 19,458 36,458 Total Capital Purchases Budget $ 464,141 26 3/1912003 11:19 AM General Fund Revenues City of Spokane Valley 2003 Revenue Budget April 1 - December 31, 2003 gals: s_Iazas Sales Tax $ 9,100,000 Sales Tax - Criminal Justice 900,000 10,000,000 Ciambiing taaces Punch Boards & Pull Tabs 125,000 Bingo & Raffles 37,500 Card Games 300,000 462,500 i=.easehold Excise Tax 10,000 Etanchis.eiega 272,000 State Shared Revenu .es MVET Criminal Justice - Population 11,100 Liquor Board Excise Tax 212,400 Liquor Board Profits 304,500 528,000 Service Revenues Building Permits 675,000 Plumbing Permits 45,000 Grading Permits 9,000 Mechanical Permits 45,000 Demolition Permits 2,000 Misc. Permits & Fees 54,000 Plans Check Fees 375,000 Energy Plans Check Fee 9,000 1,214,000 Fines and Forfeitures Fines & Forfeits - Traffic 469,000 Other Criminal Non - Traffic Fines 630,000 1,099,000 Besreation Program Charges Program Fees (To participate in a program) 35,000 Investment Interest Sales Tax Interest 21,000 Total General Fund Revenue $ 13,641,500 27 3/19/2003 11:19 AM Other Fund Revenues City of Spokane Valley 2003 Revenue Budget April 1 - December 31, 2003 101 Street Fund Diverted County Road Property Taxes $ 6,757,063 Motor Fuel (Gas) Tax 873,900 Interfund Interest 10,000 Transfer from Stormwater Management 400,000 8,040,963 102 Actedal Street Fund Motor Fuel (Gas) Tax 107 J:lotel/Motel Fu.dd Hotel/Motel Tax 202 County City Loan Eund Transfer from General Fund 301 Capital Projects Fund REET 1 - 1st Quarter Percent a02 Special CapitaLProjects Fund REET 2 - 2nd Quarter Percent 405,000 229,000 50,500 563,556 563,556 303 Street Capital Projects Transfer from Arterial Street Fund 400,000 Transfer from Capital Projects Fund 550,000 Transfer from Special Capital Projects 550,000 1,500,000 401 Se_w_er Fund Transfer from Street Fund 1,000,000 402 Stormwater Management Fund Stormwater Management Fee 770,000 501 Equipment Rental & Replacement Fund Workstation Charges 68,508 Pool Car Charges 1,900 Vehicle Replacement Charges 8,700 79,108 510 Risk Management Fund Employment Security Transfers 5,840 Risk Management Services 20,000 25,840 Total Revenues $ 26,869,023 28 City of Spokane Valley This page intentionally blank 29 Fund: 001 Dept: 011 General Fund City Council City of Spokane Valley 2003 Budget City Council Cost of providing effective elected representation of the citizenry in the goveming body. The Council makes policy decisions for the City and is accountable to Spokane Valley citizens by making decisions regarding how resources are allocated, the appropriate levels of service provided, and establishing goals and policies for the organization. Goals for 2003 To direct creation of a new citizen oriented city emphasizing the importance of excellent customer service. • To develop policies that will allow and encourage greater citizen participation in the affairs of the City of Spokane Valley. To develop policies that will ensure a strong financial foundation for the City without the imposition of new taxes. To seek creative ways to contain or slow the rising cost of providing essential services including the use of competitive contracts to secure these services Develop policies that will expand the economic and commercial base of the City to provide more and better job opportunities for citizens. To provide better recreational and cultural opportunities for adult and youthful residents of Spokane Valley. To implement advanced technology to provide information and services to citizens via the intemet. Budget Summary Personnel TEs Mayor 1.0 Council 5—Q 7.0 Expenditures Salaries & Wages $ 28,197 Supplies 5,360 Services and Charges 28,100 Interfund Services 11,610 $ 73,267 30 City of Spokane Valley 2003 Budget April 1 - December 31, 2003 City Council Salaries & Benefits $ 26,100 Medicare 378 L.& I 100 Social Security 1,618 2,097 Office Supplies 2,160 Meeting Expense 2,700 Publications 500 5,360 Website Development 9,000 Council Retreat 5,000 Community Meetings 1,000 Postage 900 Cell Phone Service 2,200 Meetings/Workshops 2,000 Discretionary Travel 7,000 Memberships (AWC) 1,000 28,100 Allocated Workstation Costs 11,160 Pool Car 450 11,610 TOTAL CITY COUNCIL $ 73,267 31 Fund: 001 Dept: 013 General Fund City Manager's Office City of Spokane Valley 2003 Budget City Manager's Office Accountable to the City Council for operational results and financial integrity; coordinates the allocation of resources in the organization to implement the policy goals of the City Council, and provides communication Zink between citizens, the City Council, City departments, and other government agencies. Goals for 2003 In consort with City Council develop and implement a work plan for 2003 & 2004. Implement a City -wide performance measurement system to ensure that contracted services are delivered effectively at a reasonable cost to the citizens. Budget Summary E t o� nnel • FTEs City Manager 1.0 Administrative Assistant LQ 2.0 Expenditures Salaries & Benefits $ 126,044 Supplies 1,540 Services and Charges 4,300 •Interfund Services 3,686 $ 135,570 32 n 3/19/2003 11:00 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 City Manager's Office Interim City Manager $ 18,700 Interim Office Assistant I 7,920 Housing Interim Team 600 City Manager 68,000 Administrative Assistant 21,413 116,633 401a (SS Substitution) 1,328 Medicare 310 Long -term Disability 126 Retirement (PERS) 283 Medical Insurance 5,301 Dental, Vision, Employee Asst. 1,242 Life Insurance 171 L &I 350 Unemployment Security 300 9,411 Office /Operating Supplies 540 Publications 500 Small Tools & Minor Equipment 500 1,540 Travel /Mileage 1,800 Subscriptions 100 Memberships (ICMA, WMA) 2,400 4,300 Workstation Costs 3,186 Pool Car 500 3,686 TOTAL CITY MANAGER 135,570 33 Fund: 001 Dept: 014 General Fund Finance City of Spokane Valley 2003 Budget Finance The Finance Department provides financial management services for all city departments. Programs include accounting and reporting, payroll, accounts payable, purchasing, budgeting and financial planning, treasury, and investment systems. The department is also responsible to generate and analyze data related to the City's operations. The department prepares monthly, quarterly, and annual financial reports and budgets to ensure compliance with state laws. Goals for 2003 Select and implement a financial accounting system. Assist departments in the preparation of the 2004 budget. Institute a series of internal controls to ensure fiscal steward- ship of city assets. Budget Summary Personnel Eras Finance Director 1.0 Accounting Manager 1.0 Accountant/Budget Analyst 1.0 Accounting Clerk I,Q 4.0 .Expenditure Salaries & Benefits $ 244,238 Supplies 3,180 Services and Charges 2,350 Interfund Services • 6,472 $ 256,240 3/19/2003 11:01 AM 34 City of Spokane Valley 2003 Budget April 1 - December 31, 2003 1 3/19/2003 11:01 AM Finance Interim Finance Director $ 46,200 Housing Interim Team 1,800 Interim Accounting Manager 29,568 Interim Accountant Clerk 14,112 Finance Director 46,248 Accounting Manager 33,286 Accountant/Budget Analyst 22,662 Accountant Clerk 21,841 215,717 401a (SS Substitution) 7,690 Medicare 1,799 Long -term Disability 732 Retirement (PERS) 1,637 Medical Insurance 12,369 Dental, Vision, Employee Asst. 2,898 Life Insurance 226 L & I 630 Unemployment Security 540 28,521 Office /Operating Supplies 1,980 Forms 1,000 Publications 200 3,180 Travel /M ileage 300 Equipment Repair and Maintenance 100 Subscriptions 200 Memberships 750 Printing & Binding 500 Registration 500 2,350 Allocated Workstation Costs 6,372 Pool Car 100 6,472 TOTAL FINANCE $ 256,240 35 City of Spokane Valley This page intentionally blank. 36 Fund: 001 Dept: 015 General Fund Legal City of Spokane Valley 2003 Budget Legal The City Attorney provides accurate and timely legal advice to the Council, City departments and advisory boards and commissions to improve effectiveness and minimize risk of City operations. General legal services for the city are contracted from Witherspoon, Kelley, Davenport, & Toole. Stanley Schwartz is the lead attorney. Additional funds have been included in the budget for special councils which may be needed from time to time. Budget Summary Personnel Fully contracted services. FTEs 0.0 Expenditures Services and Charges $ 108,000 37 Fund: 001 Dept: 016 General Fund Public Safety City of Spokane Valley 2003 Budget Public Safety The Public Safety department budget provides funds for the protection of persons and property in the city. The City contracts with Spokane County for law enforcement, municipal court, prosecutor services, public defender services, probation services, jail and animal control services. Law Enforcement - The Spokane County Sheriff's office is responsible for maintaining law and order and providing police services to the community under the direction of the Police Chief. The office provides for the preservation of life, protection of property, and reduction of crime. Budgeted contract amount: $ 7,000,000 Municipal Court - The Spokane County District Court is contracted to provide municipal court services. The contract provides for the services of judge and court commissioner with related support staff. Budgeted amount also includes jury management fees. Budgeted contract amount: $ 807,000 Prosecutor - The Spokane County Prosecuting Attorney provides services for the prosecution of violations of state and municipal statutes that are punishable as misdemeanor or gross misde- meanor offenses that occur with the City's jurisdiction. Budgeted contract amount: $ 271,800 Public Defender - The Spokane County Public Defender provides services to represent indigent persons in conjunction with violation of statutes that are punishable as misdemeanor or gross misde- meanor offenses that occur with the City's jurisdiction. Budgeted contract amount: $ 260,946 Jail and Probation - Spokane County provides jail and probation services for persons sentenced by any City of Spokane Valley Municipal Court Judge for violating laws of the city or state. Budgeted contract amount: $ 1,093,000 Animal Control - Spokane County will provide animal control services to include licensing, care and treatment of lost or stray animals, and response to potentially dangerous animal confrontations. Budgeted contract amount: $ 286,200 3/19/2003 11:01 AM 38 3/19/2003 11:03 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Public Safety Law Enforcement (Sheriff) $ 7,000,000 Police Decals and Patches 3,000 Auto Equipment (Radar) 25,944 District Court Contract 798,000 Jury Management 9,000 Public Defender 260,946 Prosecutor 271,800 Probation Services 293,000 Jail 800,000 Animal Control 286,200 TOTAL PUBLIC SAFETY $ 9,747,890 39 Fund: 001 Dept: 018 General Fund Administration Services City of Spokane Valley 2003 Budget Administration Services The Administration Services Department is composed of three divisions, the Deputy City Manager Division, the City Clerk Division, and the Human Resources Division. 111 • u.�_. D The Deputy City Manager (DCM) supervises the Administrative Services Department, assists the City Manager in organizing and directing the other operations of the city and assumes the duties of the City Manager in his/her absence. The Deputy City Manager also supervises the information technology and human resources functions of the City. Goals for 2003 Assist and City Manager in general administration of the City as directed. Working with departments measurable goals of customer services and institute a monitoring system of those levels. Develop a disaster recovery plan for the IT system. Develop a plan for competitive bidding for selected services. Budget Summary Personnel ELE.s Deputy City Manager 1.0 IT Specialist 0.5 Administrative Analyst 1.0 HR/Administrative Assistant 1,1) 3.5 Expenditures Salaries & Benefits $ 190,125 Supplies 2,440 Services and Charges 2,830 Interfund Services 5,079 $ 200,474 3/1912003 11:04 AM 40 3/19/2003 11:05 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Administration Services Deputy City Manager Division Interim Deputy City Manager $ 36,520 Interim Housing 1,200 Deputy City Manager 53,960 IT Specialist 15,743 Administrative Analyst 26,967 HR/Administrative Assistant 21,413 • 155,803 401a (SS Substitution) 7,321 Medicare 1,712 Long -term Disability 697 Retirement (PERS) 1,559 Medical Insurance 17,670 Dental, Vision, Employee Asst. 4,140 Life Insurance 226 L &I 537 Unemployment Security 460 34,322 Office /Operating Supplies 540 Publications 900 Small Tools & Minor Equipment 1,000 2,440 CeII Phone (2) 730 Travel /Mileage 900 Subscriptions 200 Memberships . 1,000 2,830 Allocated Workstation Costs 4,779 Pool Car 300 5,079 Total Deputy CM Division $ 200,474 41 Fund: 001 Dept: 018 General Fund Administration Services City of Spokane Valley 2003 Budget Administration Services 014 City Clerk Division The City Clerk's office is the official record keeper for the City. The Clerk also facilitates the legislative process by posting meeting dates, providing copies of the agenda, and recording of minutes. Goals for 2003 Establish a permanent, comprehensive records management system for the City. Ensure that all laws are complied with concerning the reporting of public meetings and proceedings. Train a Deputy City Clerk in the functions of the City Clerk's office. Budget Summary Personnel City Clerk Admin Assistant (DCC) Office Assistant I (Receptionist) Expenditures Salaries & Benefits Supplies Services and Charges Capital Expenditures Interfund Services FTEs 1.0 1.0 1.4 3.0 $ 139,048 8,158 9,500 3,000 4,779 $ 164,485 016 Human Resources Division Human Resources (HR) is administered through the Deputy City Manager (DCM) who serves as the Human Resources Manager for the City. The DCM is assisted by an HR/Administrative Assist- ant who provides clerical and technical support for the Human Resources function. The HR operation provides services in compensation, benefits, training and organizational development, staffing, employee relations, and communications. The operating budget of this division is $35,530. 3/19/2003 11:04 AM 42 1 D 1 3/1912003 11:05 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Administration Services City Clerk Division Interim City Clerk $ 18,816 Housing Interim Team 1,200 Interim Administrative Assistant 7,056 Interim Office Assistant I 7,056 City Clerk 36,124 Admin Assistant (DCC) 23,553 Office Assistant I 19,076 Overtime 2,100 114,981 401a (SS Substitution) 5,013 Medicare 1,172 Long -term Disability 477 Retirement (PERS) 1,067 Medical Insurance 12,369 Dental, Vision, Employee Asst. 2,898 Life Insurance 161 L & I 490 Unemployment Security 420 24,067 Office Supplies 4,158 Forms & Printing 2,000 Publications 2,000 8,158 Codification 5,000 Postage 1,800 Travel 500 Legal Notices 2,000 Memberships 200 9,500 Capital - Fireproof File 3,000 Allocated Workstation Costs 4,779 Total City Clerk Division 164,485 Humac es9urms ivi ion Interim Human Resources Mgr 16,000 Housing Interim Team 1,600 Office Supplies 180 Forms and Printing 1,000 HR Publications 750 Safety /Risk MgmtfHR Consulting 5,000 Drug /Physical Exams 4,000 Postage 1,500 Advertising 5,000 HRIS Data Base 500 Total Human Resources Division 35,530 TOTAL ADMINISTRATIVE SERVICES $ 400,489 43 Fund: 001 Dept: 032 General Fund Public Works City of Spokane Valley 2003 Budget Public Works The Public Works Department provides overall planning and oversight of public works projects in the City of Spokane Valley. The department provides engineering plan review, inspection, coordination of major public works capital improvement projects, long -range transportation planning and neighborhood traffic management. The Public Works Maintenance section is responsible for miscellaneous maintenance of public works infrastructure. Goals for 2003 Manage contracts with Spokane County and others for public works services and construction. Provide engineering services to support City projects. Provide engineering services to support the City's planning and building activity. Seek grant support for City public works projects. Budget Summary Personnel ,2E Public Works Director 1.0 Administrative Assistant (.5 FTE) 0.5 City Engineer 1.0 Senior Engineer (Development) 1.0 Assistant Engineer (Development) 1.0 Senior Engineer (CIP) 1.0 Assistant Engineer (CIP) 1.0 PW Superintendent 1.0 Maintenance Worker II 1 Q Total 8.5 Expenditures Salaries & Benefits $ 425,282 Supplies 6,000 Services and Charges 4,485 Interfund Services 17,151 Capital Expenditures 19 $ 472,618 3/19/2003 11:05 AM 44 3/2012003 8:27 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Public Works Interim Public Works Director $ 29,400 Interim Public Works Supervisor 9,744 Housing Interim Team 2,100 Public Works Director 50,050 Administrative Assistant (.5 FTE) 9,177 City Engineer 51,168 Senior Engineer (Development) 51,813 Assistant Engineer (Development) 37,773 Senior Engineer (CIP) 23,028 Assistant Engineer (CIP) 16,788 PW Superintendent 41,448 Maintenance Worker II 24,472 346,961 401a (SS Substitution) 18,954 Medicare 4,433 Long -term Disability 1,804 Retirement (PERS) 4,035 Medical Insurance 37,107 Dental, Vision, Employee Asst. 8,694 Life Insurance 587 L & I 1,447 Unemployment Security 1,260 78,321 Office Supplies / Forms 3,240 Engineering Manuals 400 Safety Equipment 200 Gas, Oil, Tires 2,160 6,000 Cell Phone (2) 730 Equipment Repair and Maintenance 150 Memberships 200 Training & Registrations 1,200 County GIS Access Fee 2,205 4,485 Workstation Costs Equipment Replacement Cell Phones /Radio (2) Maintenance Worker Truck Total Public Works $ 472,618 4 5 11,151 6,000 17,151 242 19,458 19,700 3/1912003 11:06 AM Fund: 001 Dept: 058 General Fund Planning & Community Development City of Spokane Valley 2003 Budget Planning & Community Development The Planning & Community Development Department provides overall management and oversight to the development services functions: the Planning Division is responsible for current and long -range planning, coordination of regional environment issues: the Building Division provides building plans review and inspections; the Permit Center provides coordinated, one -stop administration of all development permits. The Code Enforcement Officer is responsible for the enforcement of building and development codes. along with nuisance code violations. 45.8_'lanni Division The Planning Division is primarily a "land use management agency." It is responsible for providing professional policy guidance on land use issues to the City Council and citizen advisory committees. It is also responsible for processing land use permits, reviewing environ- mentally sensitive areas, and providing code enforcement services. Goals for 2003 Develop public participation guidelines that will direct the City's efforts to provide meaningful opportunity for all citizens to participate in the planning process. Coordinate planning efforts with surrounding jurisdictions and part- cipate in regional planning activities. as required by the Growth Management Act, Assure quality, certainty, and predictability in the land development process by the effective administration of land use codes and through the highest level of customer service. Budget Summary P_e.rsol12a1 fIEs Community Development Director 1.0 Administrative Assistant (.5 FTE) 0.5 Planning Manager Long -Term 1.0 Planning Manager Current 1.0 Associate Planner Long -Term 1.0 Associate Planner Current 1.0 IT Specialist (.5 FTE} 0.5 Assistant Planner 1.0 Assistant Planner 1.0 Code Enforcement Officer 1.0 Planning Technician 10.0 Expenditures Salaries & Benefits S 536,499 Supplies 4,230 Services and Charges 13,180 Intergovernmental Services 112.135 Interfund Services 15.444 $ 681,488 46 r-� 3/19/2003 11:47 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Planning Division Interim Comm Devel Director $ 29,120 Interim Long -Range Planning Mgr 33,600 Interim Current Planning Mgr 33,600 Housing Interim Team 5,100 Community Development Director 51,132 Administrative Assistant (.5 FTE) 9,180 Planning Manager Long -Term 40,299 Planning Manager Current 40,299 Associate Planner Long -Term 37,773 Associate Planner Current 37,773 IT Specialist (.5 FTE) 15,743 Assistant Planner - 30,216 Assistant Planner 26,439 Code Enforcement Officer 26,439 Planning Technician 30,591 447,304 401a (SS Substitution) 21,445 Medicare 5,015 Long -term Disability 2,041 Retirement (PERS) 4.566 Medical Insurance 42,408 Dental, Vision, Employee Asst. 9,936 Life Insurance 664 L & I 1,680 Unemployment Security 1,440 89,195 Office Supplies / Forms 2,500 Planning Code Documents 500 Gas, Oil, Tires 1,230 4,230 Planning Commission Expenses 750 CeII Phone (2) 630 Travel/Mileage 1,000 Equipment Repair and Maintenance 500 Copier Maintenance Contract (.5) 1,575 Subscriptions 425 Memberships 1,500 Printing & Binding 1,800 Training & Registrations 5,000 13,180 Hearing Examiner 42,000 GIS Services (County) 66,800 County GIS Access Fee 2,835 Planning System Software 500 112,135 Workstation Costs 12,744 Equipment Replacement 2700 15,444 Total Planning Division $ 681,488 47 Fund: 001 Dept: 058 General Fund Planning & Community Development City of Spokane Valley 2003 Budget Planning & Community Development Q 9 Building Division The Building Division implements the State uniform building code. It is responsible for ensuring that buildings and structures comply with adopted building code standards through professional plan review and inspection services. The Permit Center receives applications and coordinates the review and processing of permits. Goals for 2003 Provide the general public with minimum standards for health, safety, and general welfare which allows a desirable environment in which to reside and work. Provide a full service center to the public for efficient processing of building permits and land use applications. Develop and maintain an efficient and effective record keeping system of building projects and and use applications. Develop, maintain, and enforce a constant and consistent inspection program that will ensure the codes, regulations, and ordinances of the City of Spokane Valley are adhered to. Budget Summary Personnel FTEs Building Official 1.0 Building Inspector 11 1.0 Building Inspector 1 1.0 Permit Technician 1.0 Plans Examiner J—Q 5.0 Expenditures Salaries & Benefits $ 252,991 Supplies 3,250 Services and Charges 9,547 Interfund Services 13,965 Capital Expenditures 72,832 $ 352,585 3/19/2003 11:07 AM 48 c� _I I I I 3 3r19r200.3 11:07 Aul City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Building Division Inte rim Build $ 23.620 Housing iruorim Teem 1,200 uildtng Drfficlef 43,750 Buihning inspector IE 33,993 Building Inspector I 30,591 Pern7il Technician 27,531 Plans Examiner 33 993 194,57B 401a (S Substitution) 10,531 Medi are 2,463 Long -term Disability 1.002 retirement (PER) 2,242 Medical Insurance 32,395 Dental, Vision, Employee Asst. 7,590 Life Insurance 326 L & I 1,003 Unemployment Security 860 55,413 Office Supplies 1 Forms 1,000 Building Code Books 500 Fuel /Oil(Tires x,750. 3,750 Spokane Cniy - Software Maintenance 4.600 Postage 135 Cell Phone /Radio&Pagcr (4) 1,377 Travel /Mileige 5$5 Equipment Repair arid Maintenance 200 Copier Maintenance Contract (.5) 1,575 Subscr ptians 130 Memberships 450 Printing & Binding 250 Reg istry #ion 365 9,547 Workstation Costs Equipment Replacement 7,965 0, 060 13, 965 Building pe 52,290 Building Deparlmcni Cash Register 400 Building Department Printer 200 Building Inspection Truck 19,458 Ceti Phones /Radio (4) 484 72,832 Total Building Division 352,5$5 TOTAL PLANNING & CD S .1,034,073 49 Fund: 001 Dept: 076 General Fund Parks and Recreation City of Spokane Valley 2003 Budget Parks and Recreation The Parks and Recreation Department is composed of two divisions, Administration and Park Maintenance Division and the Recreation Division. The overall goal of the department is to provide quality recreation programs and acquisition, renovation, development opera- tion, and maintenance of parks and recreation facilities. The Administration Division provides direction and leadership for the Parks and Recreation Department in implementing the goals and objectives of the City Council and facilitate the general upkeep of parks and public areas of the City. Goals for 2003 Monitor and manage the agreement with Spokane County Parks for maintenance and operation of the park system. Assess the condition of the City parks. Participate in the development of Mirabeau Point. Identify options for a maintenance complex. Develop a proposal for use of University Center (old U -High) for a community center and maintenance complex Budget Summary Personnel FTEs Parks and Recreation Director 1.0 Administrative Assistant �Q 2.0 Expenditures Salaries & Benefits $ 119,726 Supplies 810 Services and Charges 3,220 Interfund Services 3,186 Contract Maintenance - County 650,000 Total Parks $ 776,942 50 1 1 , 3/19/2003 11:10 AM City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Parks Administration and Maintenance Parks & Recreation Consultant $ 19,040 Housing Interim Team 1,200 Interim Recreation Coordinator 10,600 Parks & Recreation Director 49,749 Administrative Assistant 21,413 102,002 401a (SS Substitution) 4,412 Medicare 1,032 Long -term Disability 420 Retirement (PERS) 939 Medical Insurance 8,246 Dental, Vision, Employee Asst. 1,932 Life Insurance 137 L & I 327 Unemployment Security 280 17,724 Office Supplies / Forms 810 Travel /Mileage 2,500 Subscriptions 110 Memberships 610 3,220 Workstation Costs Park Maintenance - Spokane County Total Administration 51 3,186 650,000 $ 776,942 Fund: 001 Dept: 076 General Fund Parks and Recreation City of Spokane Valley 2003 Budget Parks and Recreation 074 Recreation The Recreation Division coordinates and facilitates the delivery of recreation programs and services throughout the city and the City's park system. Goals for 2003 Develop and implement a summer recreation program Develop and implement a fall recreation program. Expand aquatics open hours. Expand staff at the Senior Center to effectively manage senior programs. Budget Summary Eersonnel FTEs Senior Center Coordinator 1.0 Recreation Coordinator t.Q 2.0 Ex ennditt s..0 Salaries & Benefits $ 69,142 Temp /Seasonal Employees 28,718 Supplies 11,660 Services and Charges 18,000 Interfund Services 3,736 Capital Expenditures 20,800 Total Recreation $ 152,056 52 3/19/2003 11:11 AM Recreation Coordinator Senior Center Coordinator City of Spokane Valley 2003 Budget April 1 - December 31, 2003 Recreation $ 29,379 23,793 53,172 401a (SS Substitution) 3,297 Medicare 771 Long -term Disability 314 Retirement (PERS) 702 Medical Insurance 8,246 Dental, Vision, Employee Asst. 1,932 Life Insurance 102 L&I 327 Unemployment Security 280 15,970 Temp /Seasonal Employees 26,000 Social Security 1,612 Medicare 377 L & I 89 Unemployment Security 640 28,718 Fuel/Tires/Oil 1,660 Recreation Supplies 10,000 11,660 Recreation Registration Program 2,500 Program Costs 5,000 Printing & Binding 10,500 18,000 Pool Car 550 Workstation Costs 3,186 3,736 Registration Computer 800 15 passenger Van 20,000 20,800 Total Recreation 152,056 Total Parks and Recreation $ 928,998 53 General Government The General Government Department comprises activities that encompass services to mulitiple departments. Included in this department are the costs of city hall and related utilities, manage- ment information services, insurance costs, miscellaneous city intergovernmental costs and capital equipment costs that benefit more than one department. Also included in the department is the cost project manager, the Prothman Company, and the costs related to the search for key city department heads. Detail Budget 0 108,3 Interim Project Manager $ 3,000 Search Fees 600 0 Travel Expenses 135,000 City Hall Rent ,000 IF Risk Management Payment 25 25 Alcohol Treatment 22,500 Interfund Loan Interest 22, 00 500 Repay Intergovernmental Loan Intergovernmental Loan Interest 87 500 2 7 Spokane Cnty Air Pollution Authority 2 , Business Registration Supplies Business Registration Software 14,400 174, Financial System Software ,4,468 8,043 Accounting Software Maintenance 17,468 System Server 843 , Financial System Printer 200 Computers Council Office 1 9,500 Office Furniture - Council Office TOTAL GENERAL GOVERNMENT $ 727,930 Fund: 001 Dept: 090 3/19/2003 11:11 AM General Fund General Government 54 2003 Budget r Fund: 101 Dept: 042 Street Fund Spokane Valley 2003 Budget Street Fund The Street Operating program is established to provide efficient and safe movement of both motorized and non - motorized vehicles as well as pedestrians within the limits of the City and coordinate convenient interconnect to the regional transportation system. The transportation networks, under this program, are designed, constructed, and maintained to improve the quality of life while providing the efficient movement of commerce. Goals for 2003 To operate and maintain all City streets and the two state highways, SR 290 and SR 27, which the City must assume. To complete the planning, design and construction of the projects on the City's 6 -year transportation improvement plan. To work with Community Development to insure that adequate traffic and transportation mitigation is provided. Detail Budget Contract Services - Overlays $ 200,000 Office Supplies 540 Traffic Engineer (.5 FTE - Contract) 38,700 Spokane Cnty - Engineering Svces 400,000 Fuel/Tires /Oil 2,700 Spokane Cnty - Street Maintenance 1,700,000 WSDOT - Road Maintenance 270,000 Street Lighting /Signal Power 200,000 SRTC Member Dues 16,875 SRTC Management Center 15,000 Consulting Services 60,000 Transfer to Sewer Fund 1,000,000 Capital Expenditures - Small Tools 2,500 Capital Expenditures - Truck 19,000 Capital Expenditures - Sedan 16 000 Total Street Fund $ 3,941,315 3/19/2003 11 :11 AM 55 Fund: 102 Dept: 041 Arterial Street Fund Spokane Valley 2003 Budget Arterial Street Fund The Arterial Street Fund accounts for the receipt and expenditure of the State - levied motor vehicle fuel tax distributed to the City in accord- ance with State RCW 82.36.020. These revenues will be transferred to the Street Capital Projects Fund for the construction, improvement, chip sealing, seal coating, and repair of arterial streets. Detail Budget Transfer to Street Capital Projects $ 400,000 Fund: 105 Dept: 105 Hotel /Motel Fund Spokane Valley 2003 Budget Hotel /Motel Fund The Hotel /Motel Fund accounts for the receipt and expenditure of a special excise tax of two percent on the sale or charge made for the fumishing of lodging under RCW 82.08. These funds will be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition of tourism - related facilities, or operation of tourism - related facilities, and funding marketing of special events and festivals designed to attract tourists. The budget for the expenditure of these funds is limited to $10,000 to be used for special event advertising and promotion. Expenditures from this fund will be budgeted after an assessment of tourism industry. Detail Budget Tourism Promotion $ 10,000 3/19/2003 11:11 AM 56 Fund: 202 Dept: 202 Funds: 3D1/302 3i19/2003 11:11 AM County City Loan Fund This debt service fund accounts for the accumulation of resources for the payment of principal and interest on an outstanding Joan received from the City of Liberty Lake. Funds for this payment are budgeted as a transfer from the General Fund Detail Budget Loan repayment to the City of Liberty Lake $ 50,500 Detail Budget Fund 301 Fund 302 Capital Projects & Special Capital Project Funds County City Loan Fund Capital Projects and Special Capital Projects Funds These funds account for the collection and expenditure of the real estate excise tax levied on all sales of real estate. The tax is levied in two phases of a quarter of a percent each . - The first quarter percent of the real estate excise tax or REET imust be spent on capital improvements identified in a capital improvements plan. This REET 'Jtax is accounted for in the Capital Projects Fund. The second quarter percent or REET 2 may only be levied by cities that are planning under the Growth Management Act. These funds must bt used for public works projects or for streets, water systems, or sewers. The REET 2 tax is accounted for in the Special Capital Projects Fund. Revenues accumulated in these funds will be used as matching funds for street construction projects and will be transferred to the Street Capital Capital Projects Fund. Transfer to Street Capital Proj Transfer to Street Capital Proj 57 $ 550,000 $ 550,000 Spokane Valley 2003 Budget Spokane VaI ley , 2003 Budget Fund: 303 Street Capital Projects Fund Spokane Valley 2003 Budget Street Capital Projects Fund The Street Capital Projects Fund accounts for monies used to finance the 6 year transportation improvement plan. Revenues are transfers from the Arterial Street Fund, Capital Projects Fund, and Special Capital Projects Fund. Expenditures are for matching funds for Transportation Improvement Board grants administered through Spokane County. Detail Budget Transportation Improvement Board Match $ 1,500,000 3/19/2003 11:12 AM 58 r -- �l k 311912003 11;12 AM Fund: 401 Sewer tr ued Sewer F und The sewer fund IS responsible for paying for the reconstruction of the streets after completion of the sewers. Revenue is received from the Street Fund and expended for street reconstruction as part of the overall sewering project in the City being carried out by Spokane County. Goals for 2003 Manage a contract with Spokane County to continue the extension of sewers to all properties in the City. To participate in esta bIi a new wastewater treatment capacity to serve the City's future needs. To participate financially in the sewer and wastewater treatment process to ensure uninterrupted service to au properties in the City. Detail Budget Spokane County - Contract Services S 1,000,000 Fund: 402 Starmwater Management Stormwater Management The Stormwater Management fund accounts for receipt and expenditure of the stormwater management fee. This fee is levied on a annual basis based upon a number of service units attached to the parcel. The expenditures are used for storrliwater construction and r»anagernenl through both the Street Dopartmenl and Spokane County_ Goals for 2003 Continue to enforce standards to improve water qualify and prolect the aquifer_ Support planning and building to insure that new development meets starrrrvatar standards_ Detail Budget Spokane County - Stormwatsr Admin, 30,000 Transfer to Street Fund for Overlays 400,000 Spokane County - Contract Services 125,000 59 555,000 Spokane Valley 2003 Budget Spokane Valley 2.003 Budget Fund: 501 Equipment Rental & Replacement Spokane Valley 2003 Budget Equipment Rental & Replacement The Equipment Rental & Replacement Fund (ER &R) accounts for the cost of maintaining and replacing City vehicles and equipment for all City departments. The ER &R fund is an Internal Service fund. The fund accumulates the resources for vehicle and equipment replacements in the fund. The Funds or Departments using the vehicle or equipment pay the scheduled replacement fee. Replacement funds are being collected on the telephone system, computer network system, desktop computers, and vehicles. Maintenance and service charges for copiers, telephones, intemet are also charged to funds through this department. The fund also finances and administers a fleet of pool cars for use by City departments. Goals for 2003 Setup and administer an accounting system for replacement costs for city equipment. Purchase and place into service pool cars for use by City departments. Detail Budget Copier Maintenance Contract $ 3,600 Telephone Charges XO 5,922 Telephone Charges DSL 2,385 Gas, Oil Tires 2,160 Equipment Rental Mnt - Contracted 20,000 Pool Car - Sedan 17,000 Pool Car - Midsize Van 19,458 Total $ 70,525 3/19/2003 11:12 AM 60 Fund: 510 Risk Management Fund Spokane Valley 2003 Budget Risk Management Fund The City of Spokane Valley Risk Management Fund is established to account for and expend monies for the procurement of insurance claims settlement and administration of a risk management and safety program. This fund also accounts for the funding of self- insured unemployment claims through the State of Washington. Goals for 2003 Setup and administer an accounting system for a risk management internal service fund. Detail Budget There are no expenditures budgeted for this fund in 2003. 3/19/2003 11:14 AM 61 Attorney Approve As To Form SUBMITTED BY: Interim City Manager FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION • Agenda Bill No. 2003 -090 DATE ACTION 1S TITLE: REQUESTED: Moratorium, Adult March 27, 2003 Entertainment Permits X Ordinance APPROVED FOR CO , - PACKET: ATTACHMENTS: Resolution City Manager Proposed Ordinance No. 61 Motion Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules, advance to second reading and adopt Ordinance No. 61. DISCUSSION: On February 11, 2003 when an adult entertainment regulation ordinance was discussed by the Council, it was determined that staff prepare a resolution for moratorium on any new permitting for adult entertainment establishments during the interim period prior to incorporation. This moratorium was approved by the Council on February 25, 2003 under Resolution No. 03 -014. At the regular Council meeting on March 25, 2003, a public hearing was held by the Council to receive citizen input on continuance of this moratorium as of the date of incorporation on March 31, 2003. It is the recommendation of staff that the moratorium be continued for six months during which time the Planning Department will begin work on a plan for adult entertainment establishments within Spokane Valley. ALTERNATIVES: Discontinue the moratorium as of the date of incorporation. TYPE OF ACTION: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 61 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING AND ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT ENTERTAINMENT AND ADULT ESTABLISHMENTS. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City Council believes it is in the best interest of the citizens to adopt, consider. and enact reasonable controls and development standards and criteria that relate to adult entertainment; • WHEREAS, the adult entertainment regulations adopted within Spokane County are extensive and must be properly studied and evaluated in order to determine their extent, scope and appropriateness within the City of Spokane Valley; WHEREAS, moratoriums and interim zoning ordinances enacted under R.CW Chapter 35A.63.220 are methods by which local governments may preserve the status quo so that plans and regulations will not be rendered moot by intervening developments; WHEREAS, upon consideration and adoption of this moratorium, the City Council shall either prior to adoption hold a public hearing or within sixty (60) days of adoption hold a public hearing on the proposed moratorium; WHEREAS, the moratorium shall not be effective for longer than six (6) months but may be effective for up to one (1) year if a work plan is developed by the City; and WHEREAS, the City Council finds protection of the public health, safety and welfare supports establishment of a moratorium on applications or permits for development approval of adult entertainment of establishments within the City of Spokane Valley. NOW, THEREFORE, the City Council of. the City of Spokane Valley, Washington, do• ordain as follows: Section 1. Adult Entertainment Moratorium. The City of Spokane Valley imposes a moratorium upon the filing of any and all applications for licenses, permits and approvals for adult entertainment or establishments, as that term is defined in Chapter 7.80 of the Spokane County Code (Resolution 99 0762, dated September 7, 1999) and the City Zoning Code. Without limitation, this moratorium is intended to prohibit the filing or approval of applications or permits for adult entertainment establishments, adult retail use establishments and similar uses within the City of Spokane Valley. The City shall not accept any such filings or applications P:1OrdinanceslOrdinance No.moratorium, adult entcr..doc Page I related to the same until this moratorium either expires or is removed by action of the City Council. Section 2. Findings. The City adopts the above findings of fact as support for this moratorium and further adopts as support for this moratorium and study all findings of fact and materials adopted by Spokane County pursuant to Resolution 99 0762 as amended. Section 3. City Administration. City staff shall not accept any applications or issue any permits for adult entertainment as that term is deiined or referenced in this ordinance. City staff shall develop a work plan and report to the City Council proposed regulatory matters regarding the use and development.of adult entertainment facilities. Section 4. Term of Moratorium. This moratorium shall be effective immediately upon passage of this ordinance and shall continue in .full force and effect for six (6) months from the date of this ordinance. Section 5. Severability. If any section, sentence, clause or phrase of this ordinance shall 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 6. Effective Date. The Council declares that a public urgency and emergency exists such that this ordinance must be im ti.ediately effective in order to preserve and protect the public health, public safety, public property and public peace provided this ordinance is adopted by a majority vote plus one of the whole membership of the City Council. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P :lord inanceslordinano No.moratoriurn, adult enter..doc Mayor, Michael DeVleming Page 2 The following is the title and surnrary of Ordinance No. passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A MORATORIUM ON THE FILING AND ACCEPTANCE OF APPLICATIONS FOR DEVELOPMENT PERMITS OR LAND USE APPROVALS ASSOCIATED WITH ADULT ENTERTAINMENT AND ADULT ESTABLISHMENTS. The introductory paragraphs state the City desires to establish an adult entertainment moratorium. Section 1 establishes a moratorium. Section 2 adopts findings regarding the moratorium. Section 3 directs that no applications be accepted. Section 4 establishes a six (6) month moratorium. Section 5 establishes a severability clause in the event some portion of the Ordinance is held invalid. Section 6 states the Ordinance is immediately effective. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: P:\OrdinanceslOrdinance No.moratoriurn, adult enter..doc City of Spokane Valley 11707 E. Sprague Spokane, WA 99206 (509) 92l -1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL. Page 3 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -070 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Comprehensive Plan March 11, 2003 -First Read March 25, 2003 - Second Read X Ordinance March 27, 2003- Adoption ATTACHMENTS: Ordinance No. 52 Resolution APPROVED FOR COUNC PACKET: Motion City Manager Other Dept. }lead Attorney Approve As To Form SUBMITTED BY: Interim Community Development Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the Spokane County 2002 Comprehensive Plan as amended. DISCUSSION: The Spokane County 2002 Comprehensive Plan meets the basic requirements of the State Growth Management Act (GMA). The City has three years after March 31' to formulate its own plan. Proposed amendments will address some of the land use inconsistencie -s that are to be found in the County's Plan and that were called to the attention of the City Council at the March 11 Public Meeting. Following public hearing on March 11, 2003, staff recommendations were presented to the Council at the March 25, 2003, meeting. The Council delayed action to the March 27, 2003, special meeting. ALTERNATIVES: Do not adopt the County's 2002 Plan; instead adopt the County's 1981 plan. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: A_1Agenda Bill Master Document Comprehensive Plan.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 52 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING THE SPOKANE COUNTY COMPREHENSIVE PLAN, CAPITAL FACILITIES PLAN AND MAPS AS THE INTERIM COMPREHENSIVE PLAN OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley is required to adopt a Comprehensive Plan within the corporate limits of the City; WHEREAS, Spokane County on November 5, 2001 through Resolution No. 1 -1059 adopted a Comprehensive Plan, Capital Facilities Plan and Maps which included land within the City of Spokane Valley; WHEREAS, this Comprehensive Plan, Capital Facilities Plan with Maps adopted under the Growth Management Act of the State of Washington, RCW Chap. 36.70A will assist in providing for the orderly growth of the City of Spokane Valley; and WHEREAS, after the date of incorporation, the City of Spokane Valley intends to develop its own GMA Compliant Comprehensive Plan. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain. as follows: Section 1.. Comprehensive Plan. Pursuant to RCW 35A.11.020 and 35A_12.140, the City adopts by reference the Spokane County Comprehensive Plan, Capital Facilities Plan and Maps adopted November 5, 2001 through Resolution No. 1 -1059 which. is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Comprehensive Plan, Capital facilities Plan and Maps of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall refer to the City of Spokane Valley. Section 2. Amendment. The Urban . Comprehensive Plan Land Use Map found in the Comprehensive Plan is modified as follows: Changes to the Comprehensive Plan Land Use Map 1. Evergreen Road Three parcels on the east side of Evergreen, immediately south of the interchange, are Page 1 P:1Ordinances\ordinance, #52, comp plakfinalCP.doc proposed to be designated Mixed Use, consistent with property along the west side of Evergreen. The property owners have been negatively impacted by the widening of Evergreen and construction of the new interchange. The parcels are located generally in the NW 1/4 of the NW 1/4 of Section 14, Township 25 North, Range 44 E.W.M 2. Mirabeau The proposal is to change a portion of the Mirabeau property from Mixed Use to Light Industrial. The proposal does not include the Urban Forest property owned by the Washington State Department of Natural Resources. The property is located generally in the NE 1/4 of Section 10, Township 25 North, Range 44 E.W.M. 3. Desmet Road (east of Pines' The subject property received a conditional zone change in 1991 to I -1. The zone change approval limited the use of the property to the manufacture of fabric supplies and sewing of garments. The property was designated Low Density Residential by the 2001 Spokane County Comprehensive Plan. The Phase 1 Zoning Regulations zoned the property UR -7. The property owners are requesting that their zoning be restored. Property directly west of the subject site is designated Mixed Use on the Comprehensive Plan. The proposal is to designate the subject property Mixed Use. The previous zoning will be reinstated, consistent with the Phase 1 :Development Regulations. Future use of the property would then be subject to the conditions of the zone change. The property is located in the North 1/2 of the SW 1/4 of the NW 1/4 of Section 15, Township 25 North, Range 44 F.W.M. Section 3. Adoption of Other Laws. To. the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Comprehensive Plan is . necessary or convenient to establish the validity, enforceability or interpretation of the Comprehensive Plan, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 4. Reference to Hearing Bodies. When the attached Comprehensive Plan refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi-judicial or other matter is then pending. Section 5. Comprehensive Plan. The City Clerk is to maintain one copy on file of be Comprehensive Plan adopted by this ordinance. P:10rdinances\Ordinance, #52, comp plan,finalCP.doc Page 2 Section 6. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance shall 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 8. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim. City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:1Ordinanccs\Ordinancc, #52, comp plan,ftnalCP.doe Mayor, Michael DeVlemng Page 3 DATE ACTION IS TITLE: Phase I Zoning Map TYPE OF ACTION: REQUESTED: March 11, 2003 -First Reading March 25, 2003 - Second Reading March 27, 2003 - Adoption ATTACHMENTS: APPROVED FOR COUNCIL PACKET: City Manager X Dept. Head Attorney Approve As To Form SUBMITTED BY: Jim Harris STAFF RECOM=MENDS COUNCIL MAKE A MOTION TO: Adopt the Phase I Zoning Map DISCUSSION: The Phase I Zoning Map indicates where in the City the different zoning districts are located. The map is an integral part of the Phase I zoning document which describes the different fercnt zoning districts and what types of land uses are permitted in each district. Following public hearing on March 11., 2003, staff recommendations were presented to the Council at the March 25, 2003, meeting. The Council delayed action to the March 27, 2003, special meeting. ALTERNATIVES: None FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: A:1Agcnda I3iII Master Document Zoning Map.doc CiTY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -072 Proposed Ordinance 54 X Ordinance Resolution Motion Other CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 54 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY ZONING MAP(S) AS THE INTERIM ZONING MAP(S) OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, the City of Spokane Valley is required to adopt a Zoning Map(s) within the corporate limits of the City; WHEREAS, Spokane County has a Zoning Map(s) under the Growth Management Act of the State of Washington, RCW Chap. 36.70A which includes land within the City of Spokane Valley; and WHEREAS, after the date of incorporation, the City of Spokane Valley intends to review and modify its own GMA compliant Zoning Map(s). NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1.. Zoning Map(s). Pursuant to RCW 35.21.180 and 35A.14.140, the City adopts by reference the Spokane County Zoning Map(s) described on Exhibit "A" ( "Zoning Map ") which is attached and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Zoning Map(s) of the City of Spokane Valley. Unless the context requires otherwise, references to Spokane County shall be construed to mean the City of Spokane Valley. Section 2. Amendment. The Zoning Map is hereby amended as follows: Changes to the Zoning Map 1. Split Commercial/Industrial Zoning (University to McDonald) A number of parcels lying south of Sprague Avenue, between University and McDonald Roads, have split B -3/I -2 zoning. The proposal is to change this entire strip of I -2 zoning to 13 -3. The Comprehensive Plan designates the western portion of the subject properties as Urban Activity Center (approximately 10 parcels); the remaining parcels are designated Regional Coninmercial. Current uses within strip of I -2 zoning include office, retail, light and heavy industrial uses. The property to be zoned 13-3 is described below. The properties are located generally in the North 1/2 of the North 1/2 of the North 1/2 of Section 21, Township 25 North, Range 44 L.W.M; and the North 1/2 of the North 1/2 of Page 1 C:Documcnts and Scttings.rmullciLoca) ScttingsVfcmporary Intcrnct Filcs\OLKi I\Ordinancc No. 54.doc the North 1/2 of Section 22, Township 25 North, Range 44 E.W.M. 2. Industrial to Commercial Zoning (vicinity of Lowes. Ethan Allen) The subject property is bound by Carnahan to the west, I -90 to the south, Fancher to the cast and Sprague to the north. The property includes a mix of retail, office, light industrial and heavy industrial uses. The Comprehensive Plan designates this area Regional Commercial. The proposal is to zone the below described property B -3, consistent with the Regional Commercial land use designation of the Comprehensive Plan. The property to be zoned B -3 is described below. The property is located generally in the North 1/2 of the NE 1/4 of Section 23, Township 25 North, Range 43 E.W.M. 3. Evergreen Road Three parcels on the east side of Evergreen, immediately south of the 1 -90 interchange, are proposed to be zoned Neighborhood Commercial. This zoning category is consistent with the proposed Comprehensive Plan land use change to Mixed Use. The property to be zoned B -1 is described below. The parcels are located generally in the NW 1/4 of the NW 1/4 of Section 14, Township 25 North, Range 44 E.W.M. 4. Desmet Road (east of Pines) The subject property received a conditional zone change in 1991 to I -1. The zone change approval limited the use of the property to the manufacture of fabric supplies and sewing of garments. The subject property was designated Low Density Residential by the 2001 Spokane County Comprehensive Plan. The Phase 1 Zoning Regulations zoned the property UR- 7. The property owners are requesting that their zoning be restored. The proposal is to reinstate the previous I -1 zoning, which is allowed under the Mixed Use Comprehensive Plan Land Use category (see item No. 3 under Proposed Changes to the Comprehensive Plan Land Use Map). The property to be Zoned I -1 is described below. The property is located in the North 1/2 of the SW 1/4 of the NW 1/4 of Section 15, Township 25 North, Range 44 E.W.M. 5. Additional Amendments are set forth on Exhibit 13. Section 3. Adoption of Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability or interpretation of the Zoning Page 2 C:1Documents and Scttingslrmullcr\Local Scltings\Temporary Internet Filcs \OLKI ROrdinarroe No. 54.doc Map(s), then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 4. Reference to Hearing Bodies. When the Zoning Map refers to planning commissions, board of appeals, hearing examiner, or any other similar body, the City Council shall serve in all such roles, but retains the right to establish any one or more of such bodies, at any time and without regard to whether any quasi- judicial or other matter is then pending. Section 5. Map - Copies on File. The City is to maintain one copy on file of the Zoning Map(s) adopted by this ordinance. Section 6. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or =constitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect on the official date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael .DeVleming Page 3 C:Documents and Setlings\rmullerU _ ocal Scttings \Temporary Intcmct Filcs101.KI IlOrdinanoc No. 54.doc The following is the title and summary of Ordinance No. 54 passed by the City of Spokane Valley City Council on the day of , 2003. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY ZONING MAP(S) AS THE INTERIM ZONING MAP(S) OF THE CITY. The introductory paragraphs state the City adopts a Zoning Map. Section 1 adopts the Spokane County Zoning Map. Section 2 amends parts of the Spokane County Zoning Map. Section 3 adopts other relevant laws related to the Map. Section 4 makes reference to Hearing Bodies. Section 5 requires that the Map be maintained by the City. Section 6 places permit responsibility on the applicant. Section 7 establishes a severability clause m the event some portion of the Ordinance is held invalid. Section 8 states this Ordinance shall be in full force and effect five (5) days after publication of the Ordinance Summary, and on the date of incorporation. The full text of the Ordinance is available at the City of Spokane Valley City offices as identified above. A copy will be mailed out upon request. Ruth Muller Interim City Clerk Published: City of Spokane Valley 11707 E. Sprague Spokane, \VA 99206 (509) 921-1000 NOTICE OF ORDINANCE PASSED BY SPOKANE VALLEY CITY COUNCIL Page 4 C:1Documents and Setting slrmuller\Local Settings\Temporary Internet Files\OLKI IlOrdinatce No. 54.doc SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -036 DATE ACTION IS TITLE: Adult Entertainment TYPE OF ACTION: REQUESTED: regulations February 1 2003 -first read March 27, 2003 APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 36 City Manager Dept. Head Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Ordinance No. 36 X Ordinance Resolution Motion Other DISCUSSION: The issue of regulating "adult entertainment" has been a difficult and contentious issue with Washington cities for several years. Many efforts have failed because the line between "free speech" and public decency has been difficult to define to the satisfaction of the Courts. Fortunately, Spokane County has developed an ordinance that appears to be effective and which has also passed muster at the 9th Circuit Court. Rather than expend resources developing our own City version, I am recommending that Spokane Valley adopt the County ordinance by reference. The Sheriff is familiar with this legislation and has experience in enforcing its provisions. If experience suggests that this ordinance has shortcomings then of course it can be modified. ALTERNATIVES: (1) To not adopt the ordinance and the City would not regulate these establishments, or (2) direct the City Attorney to draft alternate legislation. FISCAL IMPACT: No additional cost. Enforcement will be part of the proposed law enforcement contract. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 36 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 7.80 ENTITLED "ADULT ENTERTAINMENT ESTABLISHMENTS" OF THE SPOKANE COUNTY CODE. WHEREAS, the City of Spokane Valley is committed to protecting the general welfare of the City through the enactment of laws prohibiting obscenity, indecency and sexual offences while preserving constitutionally protected forms of expression; WHEREAS, in reliance upon the extensive study, research and investigation conducted by the City of Spokane and Spokane County including adopting and accepting the record developed by the City and the County with respect to live adult entertainment establishments, the City has concluded that legislation should be enacted in order to protect the health, safety and welfare of the patrons and employees of such businesses as well as the citizens of the City; and WHEREAS, in recognition of and reliance upon the above, the City has concluded that appropriate adult entertainment regulations establishing standards of conduct for operations are contained in Chapter 7.80 of the Spokane County Code and should, therefore, be adopted as the adult regulations of the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Incorporation By Reference. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference Chapter 7.80 entitled "Adult Entertainment Establislunents" of the Spokane County Code as presently constituted or hereinafter amended, as the Adult Entertainment regulations of the City. Chapter 7.80 entitled "Adult Entertainment Establishments" of the Spokane County Code is attached hereto as Exhibit "A" and incorporated herein by this reference as if filly set forth. Section 2. Adoption of Certain Other Laws. To the extent that any provision of the Spokane County Code, or any other law, rule, regulation or document(s) referenced in the attached Chapter 7.80 entitled "Adult Entertainment Establishments ", is necessary or convenient to establish the validity, enforceability or interpretation of the adult entertainment establishment section such provision of the Spokane County Code, or other law, rule, regulation or document(s) is hereby adopted by reference. Section 3. Reference to Spokane County and Hearing Bodies. Unless the context requires otherwise, any reference to the "County" or to "Spokane County" shall refer to the City of Spokane Valley, and any reference to County staff or licensing officer shall refer to the City Manager or designee. To the extent that Exhibit "A" refers to the City Council or other licensing body, the City Council hereby designates and confers jurisdiction upon the Hearing Examiner to hold hearings and render decisions on matters which relate to Chapter 7.80 entitled "Adult Entertainment Establishments ". 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 C:IDoeuments and Scttineslrmullcr\Local Seuings\Temporary Internet Files\OLKI IlOrdinancc No. 36.doc invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 5. Section 6. Effective Date. The Council declares that a public urgency and emergency exists such that this ordinance must be immediately effective in order to preserve and protect the public health, public safety, public property and public peace provided this ordinance is adopted by a majority vote plus one of the whole membership of the City Council. ATTEST: PASSED by the City Council this day of March, 2003. Interim City Clerk, Ruth Muller Approved As To Form: I.nterim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael De \'leming C:\Documents and Scttingslrmuller\Loca1 Settines\Tcmporary Internet Filesl01 ..K1 I\Ordinance No. 36.doc EXHIBIT "A" SPOKANE COUNTY CODE Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS 7.80.010 Preamble. 7.80.020 Findings. 7.80.030 Purpose. 7.80.040 Definitions. 7.80.050 License required. 7.80.060 License prohibited to certain classes. 7.80.070 Applications. 7.80.080 Adult entertainment establishment manager and entertainer licenses. 7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. 7.80.100 Premises -- Specifications. 7.80.1 10 License fees, term, expiration, assignment, and renewals. 7.80.120 Licensing compliance with other county ordinances. 7.80.130 License suspension and revocation -- Hearing. 7.80.140 Appeals. 7.80.150 Notices. 7.80.160 Liquor regulations. 7.80.170 Violation a misdemeanor. 7.80.180 Code violations and enforcement. 7.80.190 Conflicting sections or provisions. 7.80.200 Time frame for compliance of nonconforming adult entertainment establishments. 7.80.210 Chapter not intended towards particular group or class. 7.80.220 Liberal construction. 7.80.230 Moral nuisance. 7.80.240 Additional enforcement. 7.80.250 Severability. ALTERNATIVES: None. This is a state mandate. SUBMITTED BY: Community Development Director FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: AA\Agcnda Bill Master Document Essential Public Facilities.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda 13i11 No. DATE ACTION IS Attorney Approve As To Form REQUESTED: Facilities Interlocal Agreement X Ordinance TITLE: Essential Public TYPE OF ACTION: APPROVED FOR COUNCIL PACKET: ATTACHMEN Resolution Interlocal Agreement with City Manager Spokane County Motion Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt the Interlocal Agreement regarding siting of Essential Public Facilities within Spokane County with Attachment A (Administrative Procedures) and adopt the unified Spokane County Regional Siting process administrative fee. DISCUSSION: The Growth Management Act (GMA) RCW 36.70A.200 requires that no local comprehensive plan or development regulation preclude the siting of essential public facilities. Essential Public Facilities include those facilities that are typically difficult to site such as airports, state educational facilities, state or regional transportation facilities, state and local correctional facilities, solid waste handling facilities, mental health facilities and group homes. CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -094 DATE ACTION IS REQUESTED: March 27, 2003 TITLE: Intent for agreement on Solid Waste Management APPROVED FOR COUNCIL PACKET: ATTACHMENTS: ty Manager Dept. Head Attorney Approve As To Form Resolution No. 03 -024 TYPE OF ACTION: Ordinance X Resolution Motion Other SUBMITTED BY: Interim Public Works Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -024. DISCUSSION: It is necessary for the City of Spokane Valley to provide for the management of solid waste for the community. Spokane County has adopted a Comprehensive Solid Waste. Management Plan the included the arca within the corporate boundaries of Spokane Valley. The City of Spokane, along with other cities and Spokane County established a cooperative project for the management, handling and disposal of solid waste generated within the boundaries of their respective communities. Staff recommends that the City of Spokane Valley continue the present Solid Waste Management System and become a party to the Interlocal Agreement. This resolution establishes the intent of the City of Spokane Valley to enter into the Interlocal Agreement between the City of Spokane, Spokane County Re: Spokane Regional Solid Wastc Management System. ALTERNATIVES: Develop a plan and provide staffing, equipment and other necessary requirements for handling solid waste within Spokane Valley. FISCAL IMPACT: At this time, not known, but this is a resolution of intent only; negotiation of agreement will establish cost figures SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO 03 -024 A RESOLUTION OF TIIE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON STATING ITS INTENT TO ENTER INTO A INTERLOCAL AGREEMENT FOR THE REGIONAL SOLID WASTE MANAGEMENT SYSTEM. WHEREAS, to protect the public health and safety, it is necessary for the City to provide for the management of solid waste; WIHER.FAS, on November 3, 1987, the City of Spokane, other cities and Spokane County established a cooperative project for the management, handling and disposal of solid waste generated within the incorporated and unincorporated areas of Spokane County through an lnterlocal Cooperation Agreement; WHEREAS, Spokane County has adopted a Comprehensive Solid Waste Management Plan for the region including revisions set forth in Spokane County Resolution No. 98.0602 that was applicable to the area within the City of Spokane Valley prior to March 31, 2003; and WHEREAS, the City is desirous of continuing the present Solid Waste Management System and becoming a party to the Interlocal Agreement relating to the Regional Solid Waste Management System. NOW, THEREFORE, be it Resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: 1. The City Council expresses its intent on behalf of the City to enter into the "Interlocal Agreement between the City of Spokane, Spokane County and the City of Spokane Valley Re: Spokane Regional Solid Waste Management System" for the purpose of providing for the management, handling and disposal of solid waste within the City. Staff is directed to seek a modification of the above agreement to provide that the City will be a voting member of the Liaison Board and will work cooperatively with the County and other cities to prepare a plan for solid waste management which may be a part of the Spokane County Comprehensive Solid Waste Management Plan. 2. Further, City staff shall investigate and report to the Council the City's responsibility with respect to the control, management and regulation of solid waste within the City including matters which must be presented to Washington State Regulatory Authorities such as the WUTC. Staff shall further develop ordinances to regulate the flow and PAkesoknionAkesolntion 03.024 incaa•so d wastedoc 1 ATTEST: Adopted this day of March, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M.. Schwartz P,'d3es tnions'Resolution 09.024,inmsn•so6d s nste.doc control of solid waste and do all things necessary to provide for the public health and safety of the residents and inhabitants of the City. City of Spokane Valley Mayor Michael I7eV Leming 2 CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -091 DATE ACTION IS TITLE: TYPE OF ACTION: REQUESTED: Special Legal Counsel March 27, 2003 APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Contract No. CO3 -26 / City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager Ordinance Resolution Motion X Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Authorize Interim City Manager to execute contract with Workland & Witherspoon, P.L.L.C. DISCUSSION: Following a presentation and discussion at the March 13, 2003 Study Session of the Mirabeau Center project, the Council agreed that it would be in the City's best interests to engage special legal counsel to represent them in discussions relating to this project. During an executive session with Interim City Attorney and Peter Witherspoon as to what the Council would expect from legal counsel, there was consensus that a contract be prepared for execution with Workland & Witherspoon. ALTERNATIVES: Do not accept ownership of Mirabeau Center, and not participate in any agreements relating to this project. FISCAL IMPACT: Costs for legal services based on S150 per hour plus minor costs and expenses SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: ATTORNEY- CLIENT FEE CONTRACT This document (the "agreement ") is made and entered into as of the 13 day of March, 2003. We, WORKLAND & WITHERSPOON, P.L.L.C., ( "attorneys ") will provide legal services to you, City of Spokane Valley, ( "client ") on the terms set forth below: 1. CONDITIONS. This agreement will take effect as of the date set forth above when you return a signed copy of this agreement. 2. SCOPE OF SERVICES. You are hiring us as your attorneys to represent you relating to your proposed involvement and participation in agreements to be entered into among you, Spokane Public Facilities District, Spokane County and the City of Spokane leading to a proposed issuance of Limited Tax General Obligation Bonds in the principal amount of $7,000,000.00. We will provide those legal services reasonably required to represent you in these transactions although it is specifically understood that we will not be acting as bond counsel in this matter. We will take reasonable steps to keep you informed of progress and to respond to your inquiries. Unless you and we make a different agreement in writing, this agreement will govern all future services we niay perform for you. 3. CLIENT'S DUTIES. You agree to cooperate with us, to keep us informed of developments, to abide by this agreement and to pay our bills on time. 4. MINIMUM FEE /DEPOSIT. Not applicable. 5. CURRENT LEGAL FEES AND BILLING PRACTICES. You agree to pay by the hour at the rate for time spent on your matter by our legal personnel that we have agreed to. The hourly rate for legal services performed in this matter will be $150.00. We will charge you for the time we spend on telephone calls relating to your matter, including calls with you, other counsel or parties. 6. COSTS AND OTHER CHARGES. We will incur various costs and expenses in performing legal services under this agreement. You agree to pay for those costs and expenses in addition to the hourly fees. The costs and expenses commonly include process servers' fees, fees fixed by law or assessed by courts and other agencies, court reporters' fees, long distance telephone calls, messenger and other delivery fees, postage, parking and other local travel expenses, photocopying and other reproduction costs and other similar items. Unless set forth otherwise, all costs and expenses will be charged at our cost. You agree to pay transportation, meals, lodging and all other costs of any necessary out -of -town travel by our personnel. You will also be charged the hourly rates for the time legal personnel spend traveling. To aid in the preparation or presentation of your case, it may become necessary to hire expert witnesses, consultants or investigators. We will not hire such persons unless you agree to pay their fees and charges. We will select any expert witnesses, consultants or investigators to be hired. ATTORNEY- CLIENT FEE CONTRACT - Page 1 PAWiCity of Spokane Vallcy /ATTORNEY- CL1ENT FEE CONTRACT 7. BILLING STATEMENTS. We will send you periodic statements for fees and costs incurred. Each statement will be due within ten (10) days of its date. You may request a statement at intervals of no less than thirty (30) days. If you do, we will provide one within ten (10) days. 8. DISCHARGE AND WITHDRAWAL. You may discharge us at any time and we may withdraw our representation at any time if we believe it is in your best interests or for good cause. Good cause includes, but is not limited to, your breach of this agreement, your failure to pay monies owed this firm or others with whom we have contracted for services /products on your behalf, your refusal to cooperate with us or to follow our advice on a material matter or any fact or circumstances that would render our continuing representation unlawful or unethical. When our services conclude, all unpaid charges will immediately become due and payable. After our services conclude, we will, upon your request, deliver your file to you, along with any funds or property of yours in our possession. However, it is agreed that you will pay the reasonable cost of copying your file prior to release by this law firm. Unless agreed otherwise, it is further agreed that this law firm and attorneys may retain your file after our discharge or upon the completion of the services contemplated by this agreement. It is agreed that this law firm and /or attorneys may destroy your file, without recourse, any time after a period of three years has elapsed from the date of our discharge or upon completion of the services contemplated by this agreement. 9. VENUE /JURISDICTION. The Client acknowledges that venue for any dispute between Client and Attorneys shall be properly laid in Spokane County, Washington. Washington law shall exclusively apply to the interpretation and enforcement of this agreement, regardless of the choice -of -law. Client waives the right to pursue litigation elsewhere and consents to submit to the exclusive jurisdiction of the Spokane County Superior Court. 10. DISCLAIMER OF GUARANTEE. Nothing in this agreement and nothing in our statements to you will be construed as a promise or guarantee about the outcome of your matter. We make no such promises or guarantees. Our comments about the outcome of your matter are expressions of opinion only. 11. AUTHORIZATION FOR THE FIRM TO SIGN CHECKS FOR THE CLIENT. The Client gives the Firm the authority to sign checks on the Client's behalf only to deposit in a trust account and to release amounts recovered for the Client by settlement or judgment. The Firm will make every reasonable effort to notify the Client when the Firm receives a check payable to the Client, which the Firm intends to sign, deposit and/or release. 12. SAVING OR DES`T`ROYING THE CLIENT'S FILE AFTER THE CASE IS OVER. The file belongs to the Client. Within two years after the case is concluded, including the time for any appeal to conclude, the Client agrees to contact the Firm to pick up the file. Alternatively, the Client authorizes the Firm to destroy the file, ATTORNEY- CLIENT FEE CONTRACT - Page 2 PAW /City of Spol ane Val ley/ATTORNEY-CLIENT FEE CONIRACI- except for documents of intrinsic value or legal significance, four years after the case is concluded, including the time for any appeal to conclude. The Finn may, in its sole discretion, maintain copies of any part or the entire file. The Client expressly agrees to reimburse the Firm for all reasonable copy charges incurred if the Client wishes to obtain his or her original file and/or documents in the file. 13. PRIVACY POLICY. Lawyers, as providers of certain personal services, are now required by the Gramm- Leach - Bliley Act to inform their clients of their policies regarding privacy of client information. Our law firm understands your concerns as a client for privacy and the need to ensure the privacy of all your information. Your privacy is important to us and maintaining your trust and confidence is a high priority. Lawyers have been and continue to be bound by professional standards of confidentiality that are even more stringent than those required by such Act. Therefore, we have always protected your right to privacy. The purpose of this notice is to explain our Privacy Policy with regard to personal information about you that we obtain and how we keep that information secure. We collect nonpublic personal information about you that is provided to us by you or obtained by us with your authorization or consent. WE DO NOT DISCLOSE ANY PERSONAL fNPORMATION ABOUT OUR CLIENTS OR. FORMER CLIENTS TO ANYONE, EXCEPT AS PERMITTED BY LAW AND ANY APPLICABLE STATE ETHICS RULES. We do not disclose any nonpublic personal information about current or former clients obtained in the course of representation of those clients, except as expressly or impliedly authorized by those clients to enable us to effectuate the purpose of our representation or as required or permitted by law or applicable provisions of codes of professional responsibility or ethical rules governing our conduct as lawyers. We retain records relating to professional services that we provide so that we are better able to assist you with your professional needs and to comply with professional guidelines or requirements of law. In order to guard your nonpublic personal information, we maintain physical, electronic, and procedural safeguards that comply with our professional standards. 14. EFFECTIVE DATE. This agreement will take effect as of the date set forth in the first paragraph hereof. WORKLAND & WITHERSPOON, P.L.L.C. 13Y ATTORNEY - CLIENT FEE CONTRACT - Page 3 PAW /City of Spokane Valley /ATTORNEY - CLIENT FEE CONTRACT PETER A. WITHERSPOON The undersigned has read and understood the foregoing terms and agreed to them. CITY OF SPOKANE VALLEY By: Lee Walton, City Manager ATTORNEY - CLIENT FEE. CONTRACT - Page 4 PAW /City of S pokane Valley/ATTORNEY-CLIENT FEE CONTRACT