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2003, 01-28 Regular Meeting1. CALL TO ORDER Council Agenda: Jan. 28, 2003 CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA — REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday, January 28, 2003 6:00 p.m. 2. INVOCATION Father Tom Connolly, Associate Pastor, St. Mary's Catholic Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. APPROVAL OF AGENDA 6. 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 remarks to three minutes. Thank you.) 7. COUNCIL REPORTS A) City Nanie — Councilmember Steve Taylor B) Mayoral Appointments 8. CONSENT AGENDA (Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Agenda to be considered separately.) A) Approve Regular Meeting Minutes, January 7, 2003 B) Approve Regular Meeting Minutes, January 14, 2003 C) Approve Claims Obligations - $7704 (documentation available at meeting) VR 3; 35" .OD 9. PUBLIC HEARING 1.0. ACTION ITEMS A) Motions B) Ordinances — First Reading 1_) Agenda Bill No. 2003 -029, Provide for Credit Use and Policy, (Ordinance No. 30) (PUBLIC COMM ENT ON ORDINANCE NO. 30) 2) Agenda Bill No. 2003 -030, Establish travel reimbursement policy (Ordinance No. 29) (PUBLIC COMMENT ON ORDINANCE NO. 29) 1 C) Ordinances — Second Reading 1) Agenda Bill No. 2003 -018, Establish City Manager position (Ordinance No. 23) (PUBLIC COMMENT ON ORDINANCE NO. 23) 2) Agenda Bill No. 2003 -025, Establish Police Chief position (Ordinance No. 24) (PUBLIC COMMENT ON ORDINANCE NO. 24) D) Resolutions E) Contracts 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS (Ma.'dmum of three minutes please; state your name, address and subject for the record) 13. NEW BUSINESS 14. ADJOURNMENT FUTURE SCHEDULE A) Jan. 29 -30, 2003, Joint Chambers Legislative Trip, Olympia B) Feb. 4, 2003, Council Study Session, 6:00 p.m., City Hall C) Feb. 6, 2003, Council Study Session, 6:00 p.m., City Hall D) Feb. 11, 2003, Council Regular Meeting, 6:00 p.m., City Hall E) Feb. 13, 2003, Council Study Session/ Regular Meeting, 6:00 p.m., City Hall F) Feb. .19 -20, 2003, AWC City Legislative Action Conference, Olympia Council Agenda: Jan. 28, 2003 3) Agenda Bill No. 2003 -031, Establish gambling tax, (Ordinance No. 28) (PUBLIC COMMENT ON ORDINANCE NO. 28 ) 4) Agenda Bill No.2003 -032, Establish hotel/motel tax, (Ordinance No. 27) (PUBLIC COMMENT ON ORDINANCE NO. 27) 5) Agenda Bill No. 2003 -033, Adopt County Road Standards, (Ordinance No. 33)(PUBLIC COMMENT ON ORDINANCE NO. 33) 6) Agenda Bill No. 2003 -034, Establish Stormwater Utility and Fund, (Ordinance No. 31)(PUBLIC COMMENT ON ORDINANCE NO. 31) 7) Agenda Bill No. 2003 -035, Adopt Stormwater Guidelines (Ordinance No. 32) PUBLIC COMMENT ON ORDINANCE NO. 32) 2 Board /Commission City Delegate City Alternate Delegate Housing and Community Development Advisory Committee Councilmember Rich Munson Selection of Design /Operator for Sewer Treatment PlarIT- Councilmember Dick Denenny Date: January 28, 2003 To: Councilmembers City Staff From: Mayor Michael DeVleming MEMORANDUM Re: Appointments to Regional Boards and Commissions I am making two additional appointments to Regional Boards and Commissions to provide representation for Spokane Valley on these committees. These appointments will be for a one -year term, subject to re- appointment at the end of the calendar year, December 31, 2003. NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 Deputy Mayor Diana Wilhite- Position No. I P Councilmember Dick Denenny- Position No. 7 f Councilmember Mike Flanigan - Position No. 6 I Councilmember Rich Munson- Position No. 5 i) /4/ . 44t.g4 Councilmember Gary Schimmels- Position No. 4 Councilmember Steve Taylor - Position No. 2 P CITY OF SPOKANE VALLEY COUNCIL MEETING DATE 1, � 22 c-d d . 3 COUNCIL ROLL CALL PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY C UNC1L MEETING DATE � - �21� CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON TIIIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES ADDRESS TELEPHONE /705 N. vncVnitiao, LQtile 3 -O (7o q2 -o 22� ftiN1 NAME ADDRESS TELEPHONE .Vite-kez.auetezez--, E. ..5A5 ... [ 7 05 t4 - encm,Ittn Lin -/..., S - - ' `6 3. -01vU 7 1 . t•ac e -T?? L. (4)111R-i ( t o rU etw-e. -6--q1.30 4 , VC • o x0 5 34 - oFi MY2oJ -741. Go '/Go ' 1 e cizzz.= .rla 2' ?a. - /G.xz PUBLIC COMMENT SIGN -IN SHEET COMMENTS ON THE SUBJECT OF NAME CHANGE FOR THE CITY CITIZENS WILL RE ALLOWED TO COMMENT ON THIS AGENDA ITEM FOR A PERIOD OF ONE MINUTE. SPOKANE VALLEY CITY CO ■NCIL MEETING DATE .4f -- .a 3 U Rev. Thomas Connolly -- Parochial Vicar St /ms's In the name of the Father, and of the Son, and of the Holy Spirit. REPLY: Amen. The grace of our Lord Jesus Christ, the love of God, and the fellowship of the Holy Spirit be with you. REPLY: And also with you. The city council provides the mayor with the wisdom of the people for the good of the city. Because of their knowledge and competence the members of the council are called to share with one another and with the mayor their insights honestly, with courage and prudence. And so, the city is strengthened by the unity of effort achieved in reverence and charity. My brothers and sisters listen to the words of St. Paul to the Philippians: If there is any encouragement in Christ, any solace in love, any participation in the Spirit, any compassion and mercy, complete my joy by being of the same mind, with the same love, united in heart, thinking one thing. Do nothing out of selfishness or out of vainglory; rather, humbly regard others as more important than yourselves, each looking out not for his or her own interests, but also everyone for those of others. The Word of the Lord. ST. MARY'S ROMAN CATHOLIC CHURCH / a 304 ADAMS ROAD / SPOKANE, WASHINGTON 99216 TELEPHONE (509) 928-3210 Rejoice in Christ the teacher whose simple words, spoken so long ago, have opened worlds of discovery ever since. Rejoice in the Spirit, the prodder, who plants in us a hunger for growth that keeps us reaching after truth our whole lives long. Rejoice in God the Creator whose world is full of wonders to amaze and delight us at every turn. Rejoice in the gift of learning, the gift of helping others learn, and in rejoicing, know God's joy in you. Let us pray to almighty God. Come to us, remain with us, and enlighten our hearts. Give us light and strength to know your will, to make it our own, and to live it in our lives. Guide us by your wisdom; support us by your power, for you are God, sharing in all glory. You desire justice for all: enable us to uphold the rights of others; do not allow us to be misled by ignorance or corrupted by fear or favor. Unite us to yourself in the bond of love and keep us faithful to all that is true. As we gather in your name may we temper justice with love, so that all our decisions may be pleasing to you, and earn the reward promised to good and faithful servants. We ask this now and forever through Christ our Lord . Amen City of Spokane Valley City Council Minutes Regular Meeting January 7, 2003 DRAFT The regular meeting of the Spokane Valley City Council was called to order by Mayor Mike DeVleming at 6:00 p.m. Councilmembers present: Mayor Mike DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Rich Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim Manager Lee Walton, interim Deputy Manager Stan McNutt, Interim Attorney Stanley Schwartz, interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Public Works Director Richard Warren, and Interim City Clerk Ruth Muller. Invocation: Rev. David Thorin, Chaplain, Good Samaritan Village gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: De nuty Ma 'or Wilhite moved and Ma 'or DeVleming seconded that the agenda be approved as printed. The motion carried unanimously. Public Comments: Blake Gilbert requested that the City assure that adequate attention is given to addressing clearing sidewalks following snowstorms and that the City focus on responsive road maintenance operations. Council Reports: Councilmember Munson reported that the Finance Committee met and thoroughly reviewed all claims submitted for approval at this meeting; is reviewing financial procedures; and an interim budget is in work. Councilmember Denenny reported that the Ad -hoc Governance Committee has been working on a procedures manual for Council operation that will soon be ready for full Council review. Mayor DeVleming added that one item we are trying immediately is having Council study sessions with an informal agenda and in a round table format. Mayor DeVleming reported that plans for the City Hall open house on January 16, 2003 from 4 -6 p.m. are underway with staff and the Valley Chamber organizing this event. Jai. 7, 2003 Council Minutes, Approved 1 Consent Agenda: Councilmember Taylor moved and Councilmember Denenny seconded that the consent agenda be approved including (1) December 10,M21 Meeting Minutes: (2) December 17. 2002 Regular Meeting Minutes: and Claims obligations in the amount of $102,593.98. The motion carried unanimously. Agenda Bill No. 2002 -001: Mayor DeVleming requested advice from Interim Attorney Schwartz on appointment of City officials to regional boards and committees. Schwartz said that Council Rules of Procedure Section 11.2 provides for appointment to other committees according to the niles of the particular committee. Timing of appointment is up to the Council and stair. There was discussion relating to need for appointments from Spokane Valley to certain committees, the process for appointment, the need to evaluate time involved and specific interests of a potential appointee. Mayor Devlemin€ moved and Councilmember Munson seconded that Agenda Bill No. 2002 -001 be deferred to the January 14. 2003 meeting agenda. The motion carried unanimously. Agenda Bill No. 2003 -005: Interim Manager Walton said that he has reviewed the two insurance programs and proposals submitted by Washington Insurance Authority (WCIA) and Cities Insurance Association of Washington (CIAW). Walton recommends that the City accept membership in WC1A as this is a self - insured group of a number of cities, many similar to Spokane Valley, with immediate access to very strong and reliable financial resources and reserves, providing very strong support and education services that are unmatched in quality. WCIA will require a three -year term and a great deal of participation as it is member- owned; the first year premium will be nominal since there is no history, with second and third year premiums based upon the City's experience. Interim Attorney Schwartz suggested that the date in WCIA addendum be changed to November 20, 2002 to be consistent with Resolution No. 03- 011(1) and that a motion be made to take action on these two items together. Councilmember Denenny moved and Councilmember Munson seconded that Resolution No. 03 -01 1(1) Authorizing the City of S okane Valley to Enter Into an Agreement for Insurance Services and Coverage and WCIA Appendix 48 -03 to Interlocal Agreement be approved. The motion carried unanimously. Agenda Bill No. 2003 -006: Interim City Clerk introduced Ordinance No. 13 by reading the title. Deputy Mayor Wilhite moved and Mayor DeVleming seconded that Ordinance No. 13 Establishing City Holidays be adopted. Interim Attorney Schwartz advised that City Ordinance No. 02 established regular office hours for City Hall operation and RCW 1.16.050 governs establishment of holidays. Councilmember Taylor moved and Deputy Mayor Wilhite seconded that Ordinance No. 13 be amended removing the day following Thanksgiving and providing for nine (9) City holidays Councilmember Taylor said that he believes holidays should be for actual celebration and not for the convenience of staff. There was brief discussion of productivity with City Hall open for one day following a Thursday holiday and the philosophy for commemorating specific days. Question called for , the motion to amend to nine (9) holidays failed with two aye votes — Councilmember Taylor and Deputy Mayor Wilhite and five nay votes — Mayor DeVleming, Councilmembers Denenny, Flanigan. Munson, and Schimmels. Jan. 7, 2003 Council Minutes, Approved 2 Mayor DeVleming moved to amend the original motion to provide that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting„ The motion carried by majority vote with six aye votes — Mayor DeVleming. Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Munson, and Schimmels; and one nay vote — Councilmember Taylor. Councilmember Munson moved and Councilmember Flanigan seconded that Ordinance No. 13, Establishing City Holidays be adopted. The motion carried by majority vote with five aye votes — Mayor DeVleming. Councilmembers Denenny. Flanigan. Munson, and Schimmels: and two nay votes — Deputy Mayor Wilhite and Councilmember Taylor. Agenda Bill No. 2003 -007: Interim City Clerk introduced.the ordinance by reading the title. Deputy Mayor Wilhite moved and Councilmember Ta , lor seconded that Ordinance No. 14 Establishing Salaries for City Councilmembers and Mayor be moved to Second Reading on the January 14, 2003 agenda. The motion failed with three aye votes — Deputy Mayor Wilhite. Councilmembers Munson and Taylor; and four nay votes — Mayor DeVleming, Councilmembers Denenny. Flanigan and Schimmels. Councilmember Flanigan moved and Councilmember Denenny seconded that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councihnember Munson moved and Deputy Mayor Wilhite seconded that Ordinance No. 14 Establishing the Salaries for City Councilmembers and Mayor be adopted. There was no public comment on this ordinance. The motion carried unanimously. Agenda Bill No. 2003 -008: Interim City Clerk introduced Ordinance No, 15 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Taylor moved and Councilmember Flanigan seconded that Ordinance No. 15 Imposing a Sales and Use Tax as Authorized by RCW 82.14.030(1) he adopted. interim Attorney Schwartz said that this ordinance imposes the first half -cent sales tax for Spokane Valley and diverts the revenue now being collected by Spokane County to the City, providing for administration and a procedural process with a penalty. This ordinance and Ordinance No. 16 are very similar, but no referendum provisions are provided for the first -half cent sales tax under state law, as is provided for in Ordinance No. 16 for the second -half cent sales tax. There was no public comment on Ordinance No. 15. The motion to adopt Ordinance No. 15 carried unanimously. Agenda Bill No. 2003 -009: Interim City Clerk introduced Ordinance No. 16 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that Jan. 7, 2003 Council Minutes. Appn7ved 3 Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Denenny moved and Deputy Mayor Wilhite seconded that Ordinance No. 16 Imposing a Sales and Use Tax as Authorized by RCW 82.14.030(2) be adopted. Interim Finance Director Noack said that this ordinance does not change the 8.1% sales tax presently collected by Spokane County, but will divert the monies collected to Spokane Valley. The City has filed with the Department of Revenue and businesses within the City will report sales taxes collected to the City's account number. There was brief discussion as to the method for notification to businesses about the change in reporting to Spokane Valley rather than Spokane County, and auditing processes for assuring that all businesses are properly reporting to the State. There was no public comment on Ordinance No. 16. Motion to adopt Ordinance No. 16 carried unanimously. Agenda Bill No. 2003 -010: Interim City Clerk introduced Ordinance No. 17 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Taylor moved and Councilmember Flanigan seconded that Ordinance No. 17 Imposing a One - Quarter Percent Excise Tax on Real Estate Sales, Imposing Restrictions on Use of the Tax. Providing for Collection and Refunds and Establishin a Special Fund be adopted. Interim Attorney Schwartz said that Ordinances No. 17 and No. 18 are linked with each providing for one - quarter percent tax on sale of real property, this is a diversion of tax presently collected by Spokane County, and proceeds are to be used for special purposes as defined under Section 1.C., and creates a special fund for these proceeds. There was no public comment on Ordinance No. 17. Motion to adopt Ordinance No. 17 carried unanimously. Agenda Bill No. 2003 - 011: Interim City Clerk introduced Ordinance No. 18 by reading the title. Deputy Mayor Wilhite moved and Councilmember Denenny seconded that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Munson moved and Deputy Mayor Wilhite seconded that Ordinance No. 18 Imposing an Additional One- Quarter Percent Excise Tax on Real Estate Sales, Imposing Restrictions on Use of the Taxes, Providing for Collection and Refunds and Establishing a Special Fund. Interim Attorney Schwartz said that as with the first one - quarter percent tax, proceeds collected are receipted into a special fund created by this ordinance and used to finance projects specified in the Comprehensive Plan capital facilities element. Jan. 7, 2003 Council Minutes, Approved 4 Tony Lazanis, 10625 East Trent, questioned the type of capital projects this fund could finance. Interim Attorney Schwartz advised that RCW 82.56 governs what projects these monies may finance. Motion to adopt Ordinance No. 18 carried unanimously. Agenda Bill No. 2003 - 012: Interim City Clerk introduced the ordinance by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The notion carried unanimously. Councilmember Munson moved and Councilmetunber Denennv seconded that Ordinance No. 19 Imposing a Leasehold Excise Tax to Obtain the Local Share of Existing Taxes collected by the State and Spokane County and Providing for Other Matters Properly Related Thereto. Interim Attorney Schwartz said that this tax is designed to allow municipalities to recover tax money when private individuals rent public property within the City that is not on the tax rolls. There was no public comment on this ordinance. Motion to adopt Ordinance No. 19 carried unanimously. Agenda Bill No. 2003 -014: Councilmember Flani_an moved and De.ut ' Mayor Wilhite seconded that Resolution No. 03 -01.3 Authorizing the City Manager to Enter Into an Agreement With the State of Washington, Department of General Administration for Purchasing Goods and Services be adopted. interim Attorney Schwartz said that state law requires that municipalities go through a bidding process for purchase of goods and services. The State of Washington has already gone to public bid for a large number of items that cities can take advantage of through use of this agreement. There was brief discussion of the process used, types of goods purchased, frequency of state bid process and ease of use by cities. Jan. 7, 2003 Council Minutes, Approved There was brief discussion on voting and raising the previous question at Councilmember Taylor's request. Doug Rider, 9015 East Mission, questions if the City needs to go to bid if a local business has a lower cost than the state, and Interim Finance Director indicated that would not be necessary if the business is on the state contract. Motion to adopt Resolution No. 03 -013 carried unanimously. Agenda Bill No. 2003 -015: Interim Deputy Manager McNutt said that the City has received five telephone proposals in response to the City's Request for Proposal (RFP) that closed Jan. 3, 2003 at 5:00 p.m. Only about three of these meet the specifications that were prepared by the City using valuable advice and information contained in the IT Transition Committee Report, and the proposals range in price from $12,582 to $21,819. Initial evaluation of these proposals has been completed by staff, but it would be beneficial to use some professional assistance to review the technical aspects of the proposals to assure that the system will be harmonious and integrate with the future computer systems the City will need. A local individual is willing to work with us as a 5 consultant in the final examination for $100 per hour with time estimated to be approximately five to six hours. Councilmember Munson moved and Councilmember Denenny seconded that Staff be authorized the use of professional assistance as outlined in Interim Deputy City Manager memo dated Jan. 7, 2003 and to authorize the Interim City Manager to execute an order for telephone system upon approval of the Finance Committee, at a cost not to exceed $21,819 plus professional services costs. There was no public comment on this motion. Motion carried unanimously. City Manager and Staff Reports: interim Manager Walton reported that the next joint meeting with the Spokane County Commissioners will be held on Monday, January 27, 2003 from noon to 1:30 p.m. at Spokane Valley City Hall. Interim Attorney Schwartz advised that his office and City staff are working from the matrix to submit ordinances and resolutions for Council adoption, and each meeting there will be more of these items completed. Public Comment: Tony Lazanis, 10625 East Trent, said that the Council should approve larger salaries for their services, since they have an extreme amount of work to do. Interim Attorney Schwartz explained the state statute requirements for establishing salaries for the Council. Jim Uhlenkott, 1328 North Lincoln, Spokane, distributed information to the Council relating to a basketball event January 18 to January 20, 2003 that raises funds for underprivileged children in Africa. Tom DeGeare, 2820 South Avalon Road, said that there are great improvements to the Council Chamber space, but suggests that councilmembers should dress better. Mayor DeVleming said that the City does not have a dress code for Council nor is there any state requirement for one. Councilmember Denenny asked for a show of hands from members of the community attending this meeting, if they felt there was any disrespect to the office of councilmember by the way individuals are dressed. Doug Rider, 11516 East Mission, said that the City should consider closing Barker Road to truck traffic since the street is in such bad shape, that Barker Bridge will need to be replaced soon, and Council should consider banning un.muffled jake brakes within the city limits. interim Public Works Director Dick Warren advised that staff is meeting with Spokane County Jan. 8 to assess status of roads within the City. There was discussion about the ability of the City to restrict traffic on certain roads. Jack Riley, 11920 East Mansfield, asked who has responsibility for 1 -90 maintenance since the ruts in the road are very dangerous. Councilmember Schimmels and interim Public Works Director Warren advised of some scheduled freeway work in 2003. Jun. 7, 2003 Council Minutes, Approved 6 New Business: Councilmember Taylor said that he is researching information on potential costs for a city name change and will have a report ready for the Jan. 28, 2003 meeting for formal discussion. Councilmember Schimmels suggested that an item about changing Council meeting nights be added to the Jan. 9, 2003 study session. The mayor requested that Staff schedule this item on an appropriate study session. Adjournment: There being no further business, Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 7:40 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVleming Jan. 7, 2003 Council Minutes, Approved 7 Council Minutes: January 14, 2003, Approved CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting January 14, 2003 DRAFT The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 6:00 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Human Resources Manager Don Morrison, Interim Public Works Superintendent Mac McDonald, and Interim City Clerk Ruth Muller. invocation: Rev. Linda K. Crow, United Church of Christ, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Mayor DeVleming requested that Agenda Bills No. 2003 -020, finance procedures, and No. 2003 -021, purchasing policies, be referred to the Finance Committee before Council action; and Agenda Bill No. 2003 -028, City Hall lease be moved to last item on the agenda. Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the Agenda as amended be approved. The motion carried unanimously. Public Comments: Tom DcGeare, 2820 South Avalon Road, submitted memo to the Council that he read for the benefit of the audience, again addressing consideration of submitting to the voters a City name change proposal and that Council should dress in a manner appropriate to the position they hold. Steve Uptain, 13805 East 27 Avenue, is a small business owner and appreciates all of the items of business that the Council must address, but encourages them not to overlook the issue about naming the City. He does not feel that this issue was fully addressed during the election campaign and is fearful that our identity can so easily be mistaken with City of Spokane, whose officials have the reputation for childish behavior. I -Ie has no suggestion for a name, but the Council should listen to those who do. 1 Betty Zachow, 2601 North Barker Road, is a 60 -year resident of the area and cautions the Council to seriously consider the City name. People usually have a negative reaction to Spokane, but the Council of the City of Spokane and the City of Spokane are not synonymous. It would be short - sighted if we do not take advantage of the rich heritage of Spokane. Duane Scofield, 16317 Last Lane, said that there are many communities that comprise the whole of Spokane Valley. City of Spokane Council has a feisty attitude, but times will pass and we will still be Spokane Valley. Dick Beam, 3626 South Ridgefield, said that there has been argument over a name for a City of the Valley since the early 1990s. In the late 1990s a survey of the community was conducted resulting in approximately 60% favoring Spokane Valley and 40% favoring Opportunity. The backers of the incorporation effort used Spokane Valley as it was felt this name would have the least opposition in the vote for incorporation. People identify with Spokane Valley, with over 30 businesses named Spokane Valley and over 90 businesses having the name Valley included. There needs to be an identification outside of our area, and there is negative perception about Spokane, but not about Spokane Valley. Citizens can request change via the petition method. Council Reports: Deputy Mayor Wilhite reported that the Finance Committee meeting had several items for review: banking, computers, telephones, and diligent audit of the claims obligations submitted for approval. Consent Agenda: Councilmember Munson moved and Deputy Mayor Wilhite seconded that the Consent Agenda be approved. Councilmember Munson suggested the Council delay payment of the primary and election costs until after the incorporation date. Councilmember Flanigan moved and Councilmember Taylor seconded that Check No. 44, made out to Spokane County Treasurer in amount of $35,647.64 be removed from the Claims Voucher List. The motion carried by majority vote with six aye votes — Mayor DeVleming, Councilmembers Flanigan, Denenny, Munson, Schimmels and Taylor, and one nay vote — Deputy Mayor Wilhite. The main motion to approve the Consent Agenda covering Claims Obligations in the amount of $49,059.12 carried unanimously. Agenda Bill No. 2002 -001: Mayor DeVletning moved and Councilmember Munson seconded that appointments made by the Mayor to Regional Boards and Committees as included in the Mayor's memo dated January 14. 2003 be confirmed. The motion carried unanimously. Agenda Bill No. 2003 -016: Councilmember Taylor moved and Councilmember Denenny seconded that the Interim City Manager be authorized to purchase computer equipment as approved by the Finance Committee in memo dated January 14, 2003. Interim Finance Director Noack reviewed the equipment proposed and approved by the Council Minutes: January 14, 2003, Approved 2 Finance Committee for a total price of $41,750.00 to be provided by a local company. Motion carried unanimously. Agenda Bill No. 2003 -017: Mayor DeVleming moved and Councilmember Schimmels seconded that the position profiles and salary ranges for the positions of Deputy City Manager, Planning Director, Finance Director, Building Official and Public Works Director be approved. Greg Prothman summarized the information contained in the position profiles and that the salary surveys are from cities of comparable size as Spokane Valley. Councilmember Munson said that the position profiles are fine, but he is concerned that the salary range may be too high for this area and suggested that there be a comparison to the City of Spokane or other cities in the eastern part of the state. Deputy Mayor Wilhite concurs and also has a problem with providing a social security replacement program rather than using the social security system. Councilmember Taylor concurs on the salary ranges, but does not agree that we have to provide social security since there are other ways to provide that benefit. Councilmember Denenny moved to amend the motion and remove salary range approval. The motion died for lack of a second. After confirming with Protlunan that delaying action on this issue tonight would not affect the timing of the search for these candidates, the maker and seconder withdrew the motion to approve, and Mayor DeVleming moved and Councilmember Munson seconded that this item be scheduled for action following the Jan. 21, 2003 study session. The motion carried unanimously. Agenda Bill No. 2003 -004: Interim Manager Walton said that Bill Burke Productions made a presentation at the Jan. 9, 2003 study session proposing to organize, finance, and manage the incorporation celebration, with the possibility that the City may be requested to appropriate up to $5000 for specific events and city staff may be called on for some support and assistance. The Valley Chamber supports this proposal and Spokane Valley is being asked to support Burke's proposal. Councilmember Munson moved that the City support the proposal by Bill Burke Productions with the caveat that no funds are to be expended by the City. The motion died for lack of a second. Mayor DeVlemin moved and De.ut Mayor Wilhite seconded that the City su ort the Lroposal of Bill Burke Productions to sponsor a community event celebrating the pending incorporation of the City of Spokane Valley. The motion carried by majority vote with six aye votes — Mayor DeVleming. Deputy Mayor Wilhite, Councilmembers Denenny. Flanigan, Schimmels and Taylor: and one nay vote — Councilmember Munson. Agenda Bill No. 2003 -022: Mayor DeVleming moved and Councilmember Denenny seconded that the Amended Appendix "A" Interim Staff Positions to Prothman Contract No. CO2 -03 be approved. There was brief discussion of the positions covered by housing stipends. The motion to approve interim staffing carried unanimously. Agenda Bill No. 2003 -018: Interim City Clerk introduced Ordinance No. 23 by reading the title. Mayor DeVleming moved and Councilmember Munson seconded that Ordinance No. 23 be advanced to second reading. Interim Attorney Schwartz Council ,Minutes: January 14, 2003, Approved 3 summarized the sections of this ordinance establishing the position of City Manager as required by state law. Councilmember Munson moved and Councilmember Denenny seconded to amend Ordinance No. 23 by adding a section as follows: "The City Manager will establish procedures to insure that all department heads and their employees, as the highest administrative priority, understand and execute the principles of outstanding customer service for the citizens of the City of Spokane Valley. The City Manager must possess and demonstrate this same understanding." Councilmember Munson said that all candidates campaigned with the stated intent to provide the highest level of service to the citizens of Spokane Valley, and this should be codified. The motion to amend carried unanimously. Councilmember Munson moved and Councilmember Taylor seconded to amend Ordinance No. 23 by replacing Section 7 with the following: "The City Manager need not be a resident at the time of his/her appointment, but shall reside in the City within six (6) months of such appointment. There was discussion as to whether this is a typical requirement, possible extenuating circumstances preventing residence within the boundaries of the City, average tenure of this position with cities, providing a radius distance for residency and whether the Council can change this requirement. Interim Attorney Schwartz advised that the Council may amend ordinances at any time, and suggested wording that could be used in this section to give the Council some flexibility. The maker and seconder of the motion agreed to add wording at the end of Section 7 ...unless otherwise waived by the City Council. The motion to amend Ordinance No. 23 Section 7 carried by majority vote with five aye votes — Mayor DeVleming. Deputy Mayor Wilhite. Councilmembers Flanigan. Munson and Schimmels; and two nay votes — Councilmembers Denenny and Taylor. Main motion to advance Ordinance No. 23 as amended to second reading carried unanimously. Agenda Bill No. 2003 -019: Interim City Clerk introduced Ordinance No. 20 by reading the title. Mayor DeVleming moved and Councilmember Flanigan seconded that Council suspend it_s rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 20 Establishing a Franchise Fee on Cable Television Services to Provide Revenue for General City Services and Capital Facilities, and Setting Penalties for Non - Compliance. Interim Finance Director Noack said that this 5% fee is just a diversion of revenue now collected by Spokane County and was estimated to be approximately $400,000 per year in the incorporation study. This is not a utility tax, but the cable companies pay for use of the public right -of -way. Tom, East 12434 Portland Avenue questioned if the City would have franchise agreements at a later date. Franchises will be on a study session agenda soon, with approval scheduled following at regular meeting. Motion to adopt Ordinance No. 20 carried unanimously. Council Minutes: January 14, 2003, Approved 4 Agenda Bill No. 2003 -023: Interim City Clerk introduced Ordinance No. 26 by reading the title. Mayor DeVleming moved and Deputy Mayor Wilhite seconded that Council suspend its rules for two readings of this ordinance. advance to second reading and adopt Ordinance No. 26 Creating the Office of the City Clerk. Establishing Duties and Providing for Appointment. interim Attorney Schwartz summarized sections included in this ordinance. Duane Scofield,16317 East Lane, questioned if this position and police chief should have residency requirements, and councilmembers concurred that residency within boundaries of the City is important for the primary leaders. Motion to adopt Ordinance No. 26 carried unanimously. Agenda Bill No. 2003 -024: interim City Clerk introduced Ordinance No. 21 by reading the title. Councilmember Munson moved and Deputy Mayor Wilhite seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 21 Regarding Disclosure of Public Records of the City. Interim Attorney Schwartz summarized sections contained in this ordinance. Motion to adopt Ordinance No. 21 carried unanimously. Agenda Bill No. 2003 -025: Interim City Clerk introduced Ordinance No. 24 by reading the title. Councilmember Denennv moved and Mayor DeVleming seconded that Ordinance No. 24 Creating the Office of the Police Chief, Establishing Duties and Providing for Appointment be advanced to Second Reading. interim Attorney Schwartz summaries provisions of this ordinance, responding to a question relating to authority to commission officers, indicated this ordinance is fairly broad so if the City chooses to have its own department at a later date, there is coverage. Duane Scofield,16317 East Lane, said that he would prefer that the terminology "Chief of Police" not be used, and he likes the term "Marshall". Interim Attorney Schwartz said that RCW 35A.13.090 governs this position, and Chief of Police is most common term used. Motion to advance Ordinance No. 24 to Second Reading carried by majority vote with six aye votes — Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Flanigan. Munson, Schimmels and Taylor, and one nay vote — Councilmember Denennv. Agenda Bill No. 2003 -026: Interim City Clerk introduced Ordinance No. 22 by reading the title. Councilmember Denenny moved and Councilmember Munson seconded that Council suspend its rules, advance to second reading and adopt Ordinance No. 22 Establishing the Procurement Procedure for Architectural and Engineering Services. Interim Attorney Schwartz said that if the City is going to use this type of professional services, state law is quite restrictive about the process cities must go through to seek qualified firms and then negotiate a price for a project. Motion to adopt Ordinance No. 22 carried unanimously. Agenda Bill No. 2003 -027: interim City Clerk introduced Ordinance No. 25 by reading the title. Councilmember Flanigan moved and Councilmember Munson seconded that Council suspend its rules for two readings of this ordinance, advance to second reading Council Minutes: January 14, 2003, Approved 5 and adopt Ordinance No. 25 Creating the Office of the City Attorney, Establishing Duties and Providing for Appointment and Confirmation. interim Attorney Schwartz reviewed sections included in this ordinance. Duane Scofield,16317 East Lane, questioned about any conflict for an attorney to provide services to several municipalities. Councilmember Munson advised that this issue has been discussed and if any conflict arises, the Attorney advises Council and if he needs to withdraw, does so, or the client can waive requirement for withdrawal. Motion to adopt Ordinance No. 25 carried unanimously. Agenda Bill No. 2003 -013: Interim Finance Director Noack reported that nine banks responded to the City's Request for Proposal (RFP) for banking services. All submittals were compared by the Finance Commmittee, focusing on the cost of the $1 million line of credit, since it is projected that there will be a need for more money to operate during the interim period than provided by the road tax funds advance from Spokane County and the loan from Liberty Lake. Two bank proposals are fairly equal, but when the cost of services provided for free by Farmers & Merchants bank is factored in, the Committee recommends appointing this bank as the official depository for Spokane Valley. Councilmember Munson moved and Councilmember Flanigan seconded that Resolution No. 03 -012 he adopted Designating the Official Depository Bank for the City of Spokane Valley as Farmers & Merchants Bank. Councilmember Munson reported that the Finance Committee spent many hours reviewing the bank proposals, and he is pleased that the Committee is able to recommend a local bank where taxes will be retained in Spokane Valley and this furthers the partnership with this institution who has been a real partner during incorporation efforts. Councilmember Taylor also supports the Committee reconunendation, but not on preconceived notions, but the comparison of all proposals and that this bank's proposal is the best offer. Responding to Councilmember's Schimmels question about investment in the State pool versus the County pool, Interim Finance Director Noack said that the County pool is composed of special purpose districts and the City is unable to participate. Tony Lazanis, 10625 East Trent, commended the Committee for recommending Farmers and Merchants Bank which is a fine institution. Motion to adopt Resolution No. 03 -012 carried unanimously. City Manager and Staff Reports: Interim Manager Walton introduced Don Morrison, Interim Human Resources Manager, who will also be working with grants and risk management and Mac McDonald, Interim Public Works Superintendent, who will be working in the field to oversee work performed under the City's maintenance and operation contracts. Mayor DeVleming said that the Council is making every effort to make Spokane Valley government very open to the public. Interim Deputy Manager McNutt reviewed a flow chart that provides new "out- of-the -box" methods that the Governance Committee is suggesting for Spokane Valley. Council Minutes: January 14, 2003, Approved 6 Public Comments: Duane Scofield, 16317 East Lane, inquired about make -up of the Governance Ad -Hoc Committee. Tony Lazanis, 10625 East Trent, said that there is always a great deal of activity at the City Council meetings, but very little reported in the newspapers. Lazanis also urges the City to touch base with people involved in the Convention Center and is concerned that hotel /motel taxes should be utilized for Spokane Valley businesses. New Business: Councilmember Schinunels announced that he would be absent from the January 21, 2003 meeting, asking to be excused. Adjournment: Councilmember Flanigan moved and Mayor DeVleming seconded that the meeting adjourn to the January 16. 2003 Executive Session at 7:00 p.m. as advertised for discussion of the lease for City Hall and other legal matters. The motion carried unanimously. The meeting adjourned at 7:15 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVleming Council Minutes: January 14, 2003, Approved 7 FOR THE ITEMS INDICATED BELOW: ,c Ecixf n fo rlit tifloste vV-riag ■ t (.11 4FCICINU A I Li 1/28 M 2003 $126.66 Robert Ely Reimbursement of supplies 1/28/2003 $239.14 Spokane County Planning Maps Copies, and Reproductions 1/28/20'6 $299.00 Chamber of Accotmtingyap Prj Advertisement i!:!:!:!1!:'..Tni!iT:iiliiiiii : i : i : i ! i i i i i i i iTi l : ! : !! i ii ii::::: 1 :!iiiiiiii::!::il!Iiiiiiiiiiii:i • ::::ili:iiiili!:!:!ili!:!;!iiiiili:iiiii:::i!:!::iiii t iii! 1/28/2003 $948.04 • Pallett Toppers Canopy for PW truck ::.::!:::: ' : ' .": ' ."!:':'-':'.:::':::::::::::!::::::: ' 1 ' : ' : ' :.:.",•:.:•:•:•:::.:•:::;:::::!::::::::•:::::::':.:::.:!: ' : ' '..: ' : ' : ' :.:-:•!•:::•:•:-:•!:!:::!:::::::::::::::.::',:::::::*.;:::::::::::::::::::::::::::::::::::::::::-:::!:::::::!:::::::::::::::!:;!::::::::::::::::::!:::::::::::::::::::::::i::::::::::::::::-....!;.: 1/28/2003 $210.80 , . or 1 . Used draWing board 172ii2003 :•:•:•:•"':.:1:...: ...:!.::"f:T!':•".::"'.''.:;:::::;:iii:p!!!!!!! ' i.;! .!: $275.63 Robert Noack (Reimbursement) Palm Reader for Karen Bosworth :::::Ii!iiii:i :::!i:iiiiiiiiiiiiiiiiiiiiiiiii:iliiini;: iiiI!i'::!::::;:iiii:iiiiiiiiiiiiiiiiiiiiiiiiii:iiiii.:::::::::::::iiiiiTi iiiI:iiiiili:iiiiiii::::iii:1:11;ili!::Ifi::::•Iiii iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiii ::Iiii:ili:i::::::;1:::::;:;.:;:ii:;:ii!: I/28/2003 $52.97 Signs Now Magnetic signs ' ii •. ;:i:::;!:::i i ::: , ::!;::: 1 !;!;ii;i:iiiii;lii1::;1::::::::::::::;;I:il iiiii:iliii1:::;;q!ii•N ii:lijli:ill!:!;;;:;:iiiiiiiiiii!;!iliiiiiiiojil!iii!;:i.iii!iii!ili!ii ili,1!;;;:i.iii!iiiii!i!iiifiiiili!i! ;iini:ililil;iii: 1128/2003 $76,631.22 PrOtlunan Company . . Consulting Services 1/28/2003 $854.12 'Office Depot Office Supplies !.'!::!'..'!!.'•.".--''''''''.'''.:!!!!!::!:.::!:". !.:!:!!"-:!" . '-11! : :: : :. : ". : : : ! :::::::::::::. : .! ' :! : :::::!:!!!. ! "-:!::: : -::: : -! ] : : ::;:: : :::::!::::: : ::•A:',:::::!:f::::::::::::::=::'.::;'.;'.;::: : : : ::::::: ; :.:::: iiii ;;;;;;;;:•:!:':::::::;:;:;:;;;;:;;;;;;;;;;;;;:;::::;:',:;;;:::;•.;;;:;;;;;;;=:::::::::::::;;;;;:;:]::: :::i:::::::;::;::' i ;.:, . 1.728.&Cifii $480.06 • Journal of Business • Advertisement 1 /16/266i $354.66 ImPrest Cash Reimbursement Miscellanious supplies $48.63 Stan McNutt (Reimbursement) Hardware items riiiM&Iiiiffiiiiiii!iiiiii: Iiii:11:::;I:ilii::::::!::::Ii:i:::::!::::::Ii;;Iilii;liii::::::TiiiiIi;i:ili 1/28/2003 $163.60 Gr"piriger Company Lights for PW truck iiiiiiiniliPiP-Piliiiiiiii:iiiiiiiiiii:: iiiiii!iiijiiiiiiiii :iii!!!iiiiiii::;i::::!::::::iii!gli.:::!::;:;• ini!!!!ii:lii:1::;::::::;:iTrli;•:;:;;!;;;!1:;1::!,ii:;ritiVii! Y,r1iiiiiy !;!IiIi!!;:iTi!iiiiiiir 1/28/2003 $455.00 Zeipublic . Computer services ilIiiiiiiiiiiiii:Eiililiii.Liiiiiiiiiiiiii:ii ::::::::::::;:iiiii,,iiiIi!:11::::::il;: :;!::::::::::!Ilii:1:iii:PiTiiiiIi;i:1::::::•::41::::::::::Mii:ii!i:::::i..W:!il:!::iliiiiilili::!:::i!::::::::1::::ii::::iiiII!,:n1:!:::iiiiiiii::::!iliii:i;:ifiiIi,:i::!:::::::;::i!ilili!li::!iii!::;!ii i]iiiii;:11:::::iii!::ii::!:!i::::::!:!iiii;iiiii; 1/28/2003 $300.56 Kilko's Copies :iiiiilliliiilililililiiiIiiiIiiiii!'iiiii::: i:;i :iliiiiiiiiiiiiiiii:iliiiiiiiiiiiiiiilfii: iiiiiiiiilfiiii:fii1;:ii:iiiiii::::ii , iiiqiiiiiiiiiiiIiiiii::!;:iiiilifi;:iiiiiiiii•::::::::::::::!Pliiin;;;iiiiii::::;:iliftlffiffiii ; :li ;;;;;;i1;i:iq:;:i:::i:fiiiiiiilliii;: 1/28/2003 $6,851.00 Witherspoon Klley, et al Legal Services ::::i::!;:iiii.::::::;:::::::::;:::;M: :i:i:F.i:::::i!:!:i::::::iiIiiili:iiift •:i:ii.i::::::::::!::::iii:iiiiiiiiiiiiiiiiiil: iiiziliii.ii:i!;,j1i:::::::•;:iiIiiiii;iiii:::11;::::i.;;:i:i:::::1:::;:;it :;:;!:::::::0;:ii:i;:;;;;:i :;;: APPROV INA E CON IITTEE CHAAD MUNSON GM:RWN A: palm Voucher Listing -01.213413 • CL r AIM VOUL.-AER LISTING • CITY OF SPOKANE VALLEY, WASHINGTON 99206 • DIANA WILHITE • itingersni• • r ,„ , 1,, ••••• 7 fy ,.. • !•■ • Council Meeting 1/28/2003 c • Total this page: $88,291.23 Page 1 FOR THE ITEMS INDICATED BELOW: CLAIM VOUCHER LISTING CITY OF SPOKANE VALLEY, WASHINGTON 99206 Council Meeting 1/28/2003 01EO: DATE::;'■7: 1/28/2003 1/28/2003 1/28/2003 1/28/2003 1/28/2003 1/28/2003 • !!!!!!!!!!!!!!!!!!!!!!!!! 1/28/2003 1/28/2003 1/28/2003 • „ — PAY Safety &I Supply Creative Business Systems Corporate Express Griffin Publishing Qwest• Telect RP Consulting Lite International Appleway Automotive Group 77 78 79 80 81 82 83 84 85 $159.98 $97.29 $137.08 $152.42 $435.04 • $1,081.00 $750.00 $215.00 $14,234.96 151iSC11 PT10.N Safety Equipment Letterhead & envelopes Typing Stand Appreciation Certificates Telephone Service 10 ea task chairs Review of telephone sys proposal Move task chairs from Telect to City Hall 2003 S10 Pickup for public works APPROVED - FINANCE COMMITTEE RICHARD MUNSON c.m: RN:4 A: Claim Voucher Listing - 0148 - 03 DIANA lArILHITE sTFvP. TAYl Total this page: Total $17,262.77 $105,554.00 Page 2 SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -029 DATE ACTION IS REQUESTED: January 28, 2003 APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Ordinance No. 30 City Manager Dept. Head Attorney Approve As To Form TITLE: System for use and TYPE OF ACTION: control of credit cards X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 30 Adopting a System for Issuance and Control of Credit Cards DISCUSSION: Use of credit cards allows for efficient operation of the City when purchasing goods, supplies and other items from vendors, as well as, charging expenses incident to authorized travel. State RCW 43.09 -2855 and 42.24.115 authorize the use of credit cards for governmental purchases and expenses incident to authorized travel provided the City adopts a system relating to the distribution and control of the use of such credit cards. ALTERNATIVES: Do not provide for credit card use for City officials and employees. FISCAL IMPACT: None for adoption of a system, but regular expenses as the cards arc used. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: Section 1. Definitions. Paernail attachments\Ordinance No. 30,credit card usc,doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO.30 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON ADOPTING A SYSTEM FOR THE ISSUANCE, USE AND CONTROL OF CREDIT CARDS BY CITY OFFICIALS AND EMPLOYEES INCLUDING AUTHORITY TO ADOPT RULES AND PROCEDURES REASONABLY RELATED THERETO. WHEREAS, the City Council finds the use of credit cards allows for the efficient operation of the City when purchasing goods, supplies and other items from vendors, as well as, charging expenses incident to authorized travel; and WHEREAS, RCW 43.09.2855 and RCW 42.24.115 authorize the use of credit cards for governmental purchases and expenses incident to authorized travel provided the City adopts a system relating to the distribution, authorization, credit limits, payment and control of the use of such credit cards. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: As used in this ordinance, the term "credit card" means a card or device issued under an arrangement pursuant to which the issuer [credit card company] gives to the card holder [the City] the privilege of obtaining credit from the issuer. Section 2. Issuance, Use and Control of Credit Cards. The City adopts the following system for the issuance, use and control of credit cards by City officials and employees. A. The Finance Director is authorized to obtain City credit cards under the following system - which provides - for the distribution, authorization, control= credit limits and payment of bills through the use of the credit cards by City officials and employees. 1. Issuance and Use. Credit cards may be issued to the City of Spokane Valley and used by City officials and authorized employees for purchasing goods, supplies and other items from vendors or incurring registration, training or travel expenses in connection with the performance of their duties on behalf of the City. 2. Authorization and Control. Upon authorization from the City Manager or designee, City employees may obtain credit cards from the Finance Director who shall maintain a ledger of the individual receiving the credit card including the date the card was received. City Council members may obtain credit cards from the Finance Director. The Clerk- Treasurer shall implement accounting controls to insure the proper use of credit cards and credit card funds. 3. Credit Limits. The credit limit shall not exceed $3,000.00 per card. 4.. Payment of Bills. The Finance Director shall establish a procedure for the prompt payment of all credit card bills on or before the due date. 5. Unauthorized Charges. No official or employee shall use the City issued credit card for non -City business purposes. No charge(s) shall exceed amounts established and available in the City budget. 6. Cash Advances. Cash advances on credit cards is prohibited. B. Expenses incident to authorized travel may be charged to a City issued credit card provided the official or employee returns to the City a itemized travel expense voucher with credit card receipts in accordance with the City Travel Policies and Procedures. If certain credit charges are disallowed as a result of audit or City policy, such charge must be repaid to the City with the City having the right to withhold funds payable to the official or employee up to the amount of the disallowed charge including interest at the rate charged by the credit card company. C. The City Manager is authorized to revoke the use of any charge card issued and immediately require the surrender of the credit card. The City Manager may deliver a revocation order to the charge card company with the City not being liable for any future costs incurred after the date of revocation. D. The City Manager is authorized to adopt any additional rules or policies necessary to implement the provisions of this ordinance. ATTEST: Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 4. 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. PASSED by the City Council this day of January, 2003. Interim City Clerk, Ruth Muller P:lemail attachmentslOrdinance No. 30,crcdit card usc.doc Mayor, Michael DeVleming Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:\cntail auac3unents\Ordinance No. 30,crcdit card usc.duc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR THE ESTABLISHMENT OF RULES AND REGULATIONS FOR OBTAINING TRAVEL AUTHORIZATION, ADVANCE OF TRAVEL FUNDS AND REIMBURSEMENT OF EXPENSES WHEREAS, the City of Spokane Valley employees and public officials will incur authorized business expenses for travel, subsistence, registration and related expenses while on official business of the City of Spokane Valley; and WHEREAS, the City of Spokane Valley would like to provide a reasonable and timely mechanism for the reimbursement of such necessary and reasonable expenditures in accordance with RCW 42.24.090. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Establishing Travel Policies and Procedures. The responsibility and authority for developing, adopting, modifying and monitoring the Travel Policies and Procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council Finance Committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the Travel Policies and Procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the Finance Committee consider the following in the development of travel policies and procedures. I. Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; 2. Reimbursement for hotel /motel accommodations; 3. Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; 4. Reimbursement for incidental expenses such as parking, taxi, busses, rental cars, etc.; and 5. Such other matters that are reasonably related to travel. P:\ email attatrhmentslOrdinance No. 29,travcl policy.doc 1 The Finance Department, under the supervision of the Finance Committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items /services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with State regulations and guidelines established by the State Auditor. For Administrative Staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the Travel Policies and Procedures of the City including modifying and amending the same from time to time. The Travel Policies and Procedures are a public document with a copy maintained in the office of the City Clerk. 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: Section 2. Effective Date. Passed By the City Council of the City of Spokane Valley on January _, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:1cmitil auachmentslordinance No. 29,travcl policy.doc 2 Mayor Michael DeVleming SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -030 DATE ACTION 1S TITLE: REQUESTED: Establishing Travel January 28, 2003 Reimbursement Policy APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Ordinance No. 29 City Manager Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 29 Establishing Rules and Regulations for Travel Reimbursement and Expenses. DISCUSSION: There will be times that Spokane Valley employees and public officials will incur authorized business expenses for travel, subsistence, registration and related expenses while on official business of the City. The City would like to provide a reasonable and timely mechanism for the reimbursement necessary expenditures. The City Council Finance Committee will have responsibility for monitoring reimbursement of expenses incurred while on official business of the City. ALTERN °ATIVES: None FISCAL IMPACT: Expense costs of each of the City departments as travel expenses are incurred. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 043 03 l DATE ACTION IS REQUESTED: January 28,2003 Attorney Approve As To Form SUBMITTED BY: Lee Walton TITLE: aaw.61 ..n Tak TYPE OF ACTION: X Ordinance APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Resolution Ordinance # al8 City Manager Motion Dept. Head Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Move that Ordinance #a9be advanced to second reading. DISCUSSION: There are two casinos presently located in the City of Spokane Valley employing a total of 310 people. I have verified a claim by these casinos that the recent opening of the Northern Quest Casino in Airway Heights has seriously impacted revenue and fiscal stability of these local establishments. Taxes paid to Spokane County have declined by nearly 30% over the last two years clearly reflecting increased competition from the Indian casino that is not subject to an equal level of taxation. Washington Cities and Counties typically impose a tax on gambling establishments ranging from 3% to a high of 20% with the average across the state being 10 %. Spokane County currently imposes a 15% levy. However, with the objective of insuring the retention of the 310 jobs noted above I recommend that the gambling tax imposed by the City of Spokane valley be set at 10 %. ALTERNATIVES: To impose a greater or lesser amount of tax on casinos gambling revenue. FISCAL IMPACT: Forfeiture of an undetermined amount of potential revenue. SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: AN ORDNANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR THE TAXATION OF CERTAIN GAMBLING ACTIVITIES, PROVIDING FOR COLLECTION AND PENALTIES FOR VIOLATION THEREOF. WHEREAS, RCW 9.46.110 cities to provide for the taxing of any gambling activities within its jurisdiction; and WHEREAS, the City Council of the City of Spokane Valley finds that it is in the best interest of the City to impose a gambling tax on certain gambling activities. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Definitions. For the purposes of this Ordinance, the terms used herein shall have the meaning provided in Chapter 9.46 RCW, as the same now exists or may hereafter be amended, and as further provided by the rules and regulations of the Washington State Gambling Commission, as set forth in Chapter 230 of the Washington Administrative Code, as the same now exists or may hereafter be amended, unless otherwise specifically provided herein. Section 2. Imposition of Tax. B. Punnchboards and Pulltabs CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 28 Pursuant to RCW 9.46.110, as the same now exists or may hereafter be amended, there is levied upon all persons, associations or organizations conducting or operating in the City of Spokane Valley any of the activities listed below a tax to be paid to the City of Spokane Valley, in the amount hereinafter specified: A. Bingo and Raffles (1) A tax in the amount equal to five percent (5 %) of the gross receipts from a bingo game or raffle, less the amount awarded as cash or merchandise prizes. (1) Commercial stimulant operators shall pay a tax in an amount equal to five percent (5 %) of the gross receipts from the operation of punchboards and pulltabs. P:lttrui! att,ctuncmaNOrdinance ?A, 28. gambling tax.due (2) Bona fide charitable or nonprofit organizations shall pay a tax in an amount equal to ten percent (10 %) of the gross receipts from the operation of the games, less the amount awarded as cash or merchandise prizes. C. Social Card Playing (1) Operators shall pay a tax equal to ten percent (10 %) of the gross revenue from such card games. D. Amusement Games (I) Amusement games authorized for operation pursuant to the provisions of the Washington Administrative Code shall be subject to the levy of a tax in the amount not to exceed two percent (2 %) of the gross receipts from the amusement game, less the amount awarded as prizes, and shall be equal to the amount of actual costs and expenses incurred for enforcement of Chapter 9.46 RCW by the City of Spokane Valley. Section 3. Exem tions - Charitable and Nonprofit Or_anizations. A. Bingo and amusement games conducted by a bona fide charitable or nonprofit organization (as defined in RCW 9.46.0209) shall be exempt from the tax imposed by Section 2, when such organization has no paid operating or management personnel and its gross receipts from bingo or amusement games, or a combination thereof, do not exceed $5,000 per year, less the amount awarded as cash or merchandise prizes. B. No tax may be imposed on the first $10,000 of gross receipts, less the amount awarded as cash or merchandise prizes, from raffles conducted by any bona fide charitable or nonprofit organization. Section 4. Payment of Tax. The tax imposed by this Ordinance shall be due and payable in quarterly installments and remitted to the City Finance Director together with the required information on the return form(s), as prescribed by the City, on or before the 15th day of month succeeding the quarterly period in which the tax accrued, unless the 15th day of the month is a non - business day or holiday, then said tax shall be due and payable on the next business day. Any tax remaining unpaid on the day following its applicable due date shall be delinquent, PR.OViDED HOWEVER: A. Whenever an entity subject to the tax imposed by this Ordinance ceases the taxable activity for a period of more than two consecutive calendar months the tax shall become due and payable on the 10th calendar day following the last date of business, unless the 10th day is a non - business day or P_kmtit lLtuhneat11,0,Snance Nu 23. gnnb ins m',do= 2 holiday, then said tax shall be due and payable on the next business day. B. Whenever the City Manager, determines based upon a history of delinquent payment or an assignment for the benefit of creditors, or such other evidence that the ability of the City of Spokane Valley to collect the tax owing from the taxpayer may be in jeopardy, the City, after not less than ten days' written notice to the taxpayer, may require the taxpayer to remit taxes owing hereunder at a shorter interval than prescribed herein. Notice shall be given by regular and certified mail. In the event that the certified mail is refused by the taxpayer and returned to the City of Spokane Valley, notice shall be deemed effective upon the date of mailing of the notice by regular mail. Section 5. Administration of Collection. The City Finance Director is hereby authorized to create a gambling tax form, which shall be available to the public in reasonable numbers at the City Office during regular business hours. Taxes paid hereunder shall be accompanied by the gambling tax return form and a copy of the taxpayer's quarterly report to the Washington State Gambling Commission for the period in which the tax has accrued. The taxpayer shall be required to swear and affirm under penalty of perjury under the laws of the State of Washington that the information given in the return is true, accurate and complete. The City Finance Director is authorized, but not required, to mail to taxpayers gambling tax return forms for remitting the tax owing hereunder. Failure of the taxpayer to receive such a form shall not excuse timely payment of all taxes due and owing hereunder. Section 6. Delinquent Taxes - Lien Authorized - Collection Actions. Whenever any tax imposed hereunder shall become delinquent, the City Attorney is authorized to file a lien upon the personal and real property used in the gambling activity taxable by this Ordinance in the same manner as provided for under RCW 84.60.010, as the same now exists or may hereafter be amended. Pursuant to RCW 9.46.110 as the same now exists or may hereafter be amended, the lien shall attach on the date the tax becomes due and shall relate back and have priority against the real and personal property to the same extent as ad valorem taxes. The City Attorney is further authorized to bring a civil action to collect fees, interest, penalties and delinquent taxes owing hereunder pursuant to RCW 9.46.350, as the same now exists or may hereafter be amended. Section 7. Late Penalty - Interest. A. If a payment of any tax imposed hereunder becomes delinquent, there shall be added to said tax a late penalty in an amount as may be established from time to time by Resolution of the City Council. B. In addition to an assessment of a late penalty as prescribed P:kmail utach.mcnisSOncilnance No 28, wor.bllag ta>;.dac 3 by Section 7(A), any quarterly tax payment not paid by the due date shall bear interest at the rate of twelve percent (12 %) per annum or the maximum legal rate, whichever is greater. Section 8. Notice of Intention to Engage in Gambling Activity - Filing with City. For the purposes of identifying those subject to the taxes imposed by this Ordinance, each person, association or organization intending to conduct or operate any gambling activity which requires a license pursuant to Chapter 9.46 RCW as the same exists or may hereafter be amended, shall no later than five days prior to the commencement of any such gambling activity, file with the City Finance Director a sworn declaration of intent to conduct or operate such activity on a form to be prescribed by the City, together with a copy of any license issued for that gambling activity by the Washington State Gambling Commission or its designee. Section 9. Inspection and Audit of Premises, Paraphernalia, Books and Records. A. The premises and paraphernalia, and all the books and records of any person, association or organization conducting gambling activities pursuant to Chapter 9.46 RCW, as now existing or hereafter amended, and any person, association or organization receiving profits therefrom or having any interest therein shall be subject to inspection and audit at any reasonable time, with or without notice, upon demand, by the Chief of Police, or his or her designee for the purpose of determining compliance or noncompliance with the provisions of this Ordinance, Chapter 9.46 RCW, and any rules or regulations adopted thereunder. A reasonable time for the purpose of this section shall be: (1) if the items or records to be inspected or audited are located anywhere upon a premise, any portion of which is regularly open to the public or members and guests, then at any time when the premises are so open, or which they are usually open; or (2) if the items or records to be inspected or audited are not located upon the premises set out in subsection (1) above, then at any time between the hours of 8:00 a.m. and 9:00 p.m., local time, Monday through Friday. B. Each person, organization or association engaging in any gambling activity taxable under this Ordinance shall maintain records respecting that activity which truly, completely and accurately disclose all information necessary for the City to determine the taxpayer's tax liability hereunder during each base tax period. Such records shall be kept and maintained for a period of not less than five (5) years. C. It shall be the responsibility of each individual taxpayer, and for organizations, associations, or corporations, the responsibility of each owner, officer, director or manager thereof, to make available at the times set forth above such financial records and information as the City or his or her designee may require in order to determine full compliance with this Ordinance. Section 10. Penalties. A. Whoever, in any application for a license or in any book or P:kmai102chment,iOidinana No 2R, gar..bling LLtdoc 4 record required to be maintained by this Ordinance or by the \Vashington State Gambling Commission or in any report required to be submitted to said Commission or to the City of Spokane Valley hereunder, shall make any false or misleading statement, or make any false or misleading entry or willfully fail to maintain or make any entry required to be maintained or made, or who willfully refuses to produce for inspection by the Commission or its designee, any book, record or document required to be maintained or made by Federal or state law, or this Ordinance, shall be guilty of a gross misdemeanor subject to the penalties set forth in RCW 9A.20.021, as now existing or hereafter amended. B. RCW 9.46.185, 9.46.190 and 9.45.195, as now existing or hereafter amended, are hereby adopted by this reference as if set forth fully herein verbatim. incorporation. ATTEST: Section 11. 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 12. Effective Date. This Ordinance shall be in full force and effect five of the official date of Passed By the City Council of the City of Spokane Valley on January _, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz P:1ecai1 iitaehrnerze odinance 1.%■ 29, ymblixs tv.dOC 5 Mayor, Michael DeVleming Date of Publication: E1Tective Date: PActusil erlachmencslOrdinance No 29, gernbling na dnc 6 DATE ACTION IS REQUESTED: January 28, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMIT'T'ED BY: Interim Finance Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -032 TITLE: Levying Special Excise Tax of 2% on Hotel/Motel/Lodging Fees Resolution ATTACHMENTS: 1) Ordinance No. 27 Motion 2) Copy re: taxes from AWC New City Guide Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend Council Rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 27 Levying a Special Excise Tax of Two Percent on Hotel Motel Lodging Fees. DISCUSSION: This tax is now being collected and distributed to Spokane County by the State Department of Revenue. These funds are accounted for in a special revenue fund, and are restricted as to use according to RCM/ 67.28. ALTERNATIVES: Do not impose the two percent excise tax on hotel /motel lodging fees. TYPE OF ACTION: X Ordinance FISCAL IMPACT: . The incorporation study revenue estimate for this tax is S400,000 a year. The City April 1 to December 31, 2003 proposed budget estimates a total revenue of $228,000 with the first payment to the City scheduled for the first of July. The New City Guide to• a flat fee designed to cover the costs of implementing the program. A revenue- raising business license scheme generally involves different fees for different classes of businesses. Such :fees may be based, for example, on the type of business, on the number of employees, or on the square footage of the business facility. Utility business and occupation taxes. Utility taxes are levied on the gross operating revenues that public and private utilities earn from operations within a city. Utilities on which these taxes may be levied include electric, water, sewer, solid waste, stormwater, gas, telephone, cable TV, and steam. Taxes on some of these types of utilities are subject to a statutory maximum 6 percent rate, unless a higher rate is approved by the voters. Taxes on electric, gas, and telephone utilities cannot take effect until at least 60 days after the ordinance is passed. The imposition of this tax for the first time may be subject to a referendum procedure. / . • Lodging (hotel - motel) tax. Most cities may impose a "basic" 2 percent tax on all charges for .furnishing lodging at hotels, motels, and similar establishments for a continuous period of less than one month. RCW 67.28.180(1). When this tax is imposed, the state sales tax decreases by a like amount, so tourists and other lodgers experience no increase as a result of this tax. • Most cities may also impose an additional 2 percent for a total of 4 percent, though this additional tax is not credited against the state sales tax. RCW 67.28.181(1). Before a city with a population over 5,000 may impose a lodging tax, it must establish a "lodging tax advisory committee." RCW 67.28.1817. A proposal to impose a new lodging tax must be submitted to the lodging tax advisory committee for review and comment at. least 45 days before it is to become effective. Presumably, an interim council may establish a committee prior to the official incorporation date, so that the tax can be made to go into effect upon the official incorporation date. Revenues from this tax may be used only to pay for tourist promotion and the acquisition and/or operation of "tourism- related facilities." RCW 67.28.1815. See A Revenue Guide for Washington Cities and Towns, MRSC Report No. 45 (August 1999), at pages 18 -22, for a detailed discussion of the lodging tax, the lodging tax advisory committee, and the permissible uses for the revenues from this tax. This tax is remitted to the city by the state on a monthly basis. The Department of Revenue needs at. least 45 days to notify taxpayers of a new tax, rate change, or change in recipient of the tax, and such a change must be effective the first day of a month. Therefore, if the council passes an ordinance effective the first of the month after incorporation, the first revenue will be received five months later. For example, if a city incorporates on August 31 and passes a lodging tax ordinance effective September 1, the DOR will begin collecting on November 1. Taxes collected during November are remitted to DOR on December 25 and paid to cities at the end of January. 1 Gambling tax. A city that decides to allow gambling activities within its borders may impose a tax on gambling revenues. The maximum tax for amusement games is 2 percent of gross receipts less the amount awarded as prizes. For bingo and raffles, it is 5 percent less the amount awarded as cash or merchandise prices. For punch boards and pull -tabs, the maximum rate is, 129 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF TWO PERCENT ON THE SALE OR CHARGE MADE FOR THE FURNISHING OF LODGING BY ANY HOTEL, MOTEL, ROOMING HOUSE, TOURIST COURT, OR TRAILER CAMP; ESTABLISHING A SPECIAL FUND FOR THE TAX; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, RCW 67.28.180 and 67.28.181 provide that qualified cities, such as the City of Spokane Valley, are authorized to levy and collect a special excise tax on the sale or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW; and WHEREAS, RCW 67.28.1815 provides that such tax shall be levied only to pay all or any part of the cost of tourism promotion, acquisition of tourism - related facilities or operation of a tourism - related facility; and WHEREAS, the City Council of the City of Spokane Valley desires to establish and levy such tax for the purposes provided by Washington law. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Imposition of Tax on the Furnishing of Lodging. A. Imposition. There is levied a special excise tax of two percent (2 %) on the sale of or charge made for the furnishing of lodging that is subject to tax under Chapter 82.08 RCW. The tax imposed under Chapter 82.08 RCW applies to the sale of or charge made for the furnishing of lodging by a hotel, motel, rootning house, tourist court or trailer camp, and the granting of any similar license to use real property, as distinguished from the renting or leasing of real property. It shall be presumed that the occupancy of real property for a continuous period of one month or more constitutes a rental or lease of real property and not a license to temporarily use and enjoy the same. B. Definitions. The definitions of "selling price," "seller," "buyer," "consumer," and all other definitions as are now contained in RCW 82.08.010, and subsequent amendments thereto, are adopted as the definitions for the tax levied in this Ordinance. C. Imposition of Tax in Addition to Other Taxes and Fees. The tax levied in this Ordinance shall be in addition to any license fee or any other tax imposed or levied under any law or any other ordinance of the City of Spokane Valley. P:IOrdinance No. 27.doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 27 There is created a special fund in the treasury of the City of Spokane Valley termed the "Hotel Motel Tax Fund" into which all taxes collected under this Ordinance shall be placed and 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 or to pay for any other uses as authorized in Chapter 67.28 RCW, as the same now exists or may hereafter be amended. incorporation. Section 2. Creation of Tourism- Promotion Fund. Section 3. Administration. Section 4. Penalty. Section 5. Severabilitv_. P:Ordinance No. 27.doc For the purposes of this the tax as levied in this Ordinance: A. The Department of Revenue is designated as the agent of the City of Spokane Valley for the purposes of collection and administration of the tax. B. The administrative provisions contained in RCW 82.08.050 through 82.08.060 and in Chapter 82.32 RCW shall apply for administration and collection of the tax by the Department of Revenue. C. All rules and regulations adopted by the Department of Revenue for the administration of Chapter 82.08 RCW are adopted by reference. D. The Department of Revenue is authorized to prescribe and utilize such forms and reporting procedures as the Department may deem necessary and appropriate. It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the provisions of this chapter and shall constitute a misdemeanor. Each day of violation shall be considered a separate offense. 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 7. Effective Date. This Ordinance shall be in full force and effect five of the official date of ATTEST: Passed By the City Council of the City of Spokane Valley on January , 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:1Ordinance No. 27.doc Mayor, Michael DeVieming CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003-033 DATE ACTION IS REQUESTED: January 28, 2002 TITLE: Adopt County Road TYPE OF ACTION: Standards X Ordinance APPROVED FOR COUNCIL PACKET: ATTACHMENTS: Resolution Ordinance No. 33 City Manager Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim Public Works Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 33, adopting by reference Spokane County Standards for road and sewer construction. DISCUSSION: The City Council may modify these standards at some later time. We will later simplify the stormwater portion of these standards and improve sonic of the road paving details. ALTERNATIVES: Draft our own document which would take several months to complete. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 33 AN ORDINANiCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY STANDARDS FOR ROAD AND SEWER CONSTRUCTION AS THE INTERIM STANDARDS FOR ROAD AND SEWER CONSTRUCTION OF THE CITY. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley desires to adopt Standards for Road and Sewer Construction within the corporate limits of the City; WHEREAS, Spokane County adopted Standards for Road and Sewer Construction effective April 3, 2001 which included the roads and,sewers within the City; WHEREAS, after the date of incorporation, the City of Spokane Valley intends to review, revise and, as necessary, develop its own Standards for Road and Sewer Construction. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Standards for Road and Sewer Construction. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County Standards for Road and Sewer Construction effective April 3, 2001 which is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Standards for Road and Sewer Construction 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 and references to County staff shall refer to the City Manager or designee. Section 2. 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 Standards for Road and Sewer Construction is necessary or convenient to establish the validity, enforceability or interpretation of the Standards for Road and Sewer Construction, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Standards for Road and Sewer Construction 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 4. Modification of Standards. The responsibility and authority For developing, adopting, modifying and monitoring the effectiveness of the Standards for Road and P;lemail attachmcntsiordinance No. 33, road standards.doc Sewer Construction of the City of Spokane Valley is delegated to the City Council Public Works Committee (as presently constituted or hereafter amended). The Council Committee shall work with the Director of Public Works, staff and others in order to provide for road and sewer development that promotes the orderly development of the City and serves the best interest of the residents. The Council reserves the right to review the Standards for Road and Sewer Construction including modifying and amending the same from time to time. Section 5. Uniform Code - Copies on File. The City Clerk is to maintain one copy on file of the Standards for Road and Sewer Construction 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 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: effective Date: PASSED by the City Council this day of January, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: P:lemail attnchments\Ordinsmce No. 33, road standards,doc Mayor, Michael DeVleming SUBMITTED BY: Interim Public Works Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -034 DATE ACTION IS REQUESTED: January 28, 2003 APPROVED FOR COUNCJL PACKET: City Manager Dept. Head Attorney Approve As To Form TITLE: Establish Stormwater TYPE OF ACTION: Utility ATTACHMENTS: Ordinance No. 31 X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 31 to second reading. DISCUSSION: Creation of a City storniwater utility will provide for continued billing and collection of revenue that is currently collected by Spokane County. This action does not increase the cost to properties in the City. It simply diverts existing fees from the County to the City. ALTERNATIVES: (1) Let County keep all revenue or (2) drop the charge all together. FISCAL IMPACT: None, will result in revenues projected for 9 months of approximately S500,000 SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: Section 3. Definitions. P :\email attacrunentslOrdinance No 31,stormwutcr utility_doc CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 31 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING A STORM DRAINAGE AND SURFACE WATER MANAGEMENT UTILITY AND PROVIDING FOR OTHER MATTERS PROPERLY RELATED THERETO. WHEREAS, prior to the incorporation of the City of Spokane Valley, Spokane County established a stormwater utility pursuant to RCW Chapter 36.89 through Resolutions 92 -0253 and 93 -0155; WHEREAS, the County stormwater utility protects the public health and safety by providing for the development, maintenance and operation of stormwater facilities to collect storm and surface water from improvements within the drainage basins; WHEREAS, the County also through the stormwater utility identified stormwater facilities within the public right of way, provided information to the Department of Ecology, responded to complaints for flooding, designed and constructed stormwater control facilities, and performed enforcement activities; WHEREAS, the City is desirous of continuing the program established by Spokane County including maintaining rates and fees in the same amount as those established by the County; and WHEREAS, State law authorizes the City of Spokane Valley to operate a stormwater utility for the purpose of collecting and controlling the flow of storm or surface water within and through the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Stormwater Utility. The City of Spokane Valley hereby establishes a Storm and Surface Water Utility to provide for the development, maintenance and control of storm drainage and surface water within the City. The City reserves and elects to exercise all power and authority relating to the construction, acquisition, condemnation, maintenance and operation of the storm drainage and surface water systems including the right to establish rates and charges for service. Section 2. Purpose. The Storm and Surface Water Utility is created to promote and protect the public health, safety and welfare by establishing a comprehensive approach to storm and surface water management recognizing that the utility will provide benefits to the real property located within the City. Further, the Utility will assist in protecting the Spokane Valley natural environment by reducing the likelihood of flooding and erosion by controlling the discharge of storm and surface water into the ground. A. "Developed Parcel" means any parcel of real property that has been altered from its natural state including clearing, grading or filling, whether or not that work accompanies excavation and construction. 13. "impervious Surface" means a hard surface area, which either prevents or retards the entry of water into the soil mantle as under natural conditions prior to development, and/or a hard surface area which causes water to run off the surface in greater quantities or at an increased rate of flow different than the natural conditions prior to development. Common impervious surfaces include, but are not limited to, roof tops, walkways, patios, driveways, paved parking lots or storage areas, concrete or asphalt paving, gravel roads, packed earthen materials, and oiled surfaces which similarly impede the natural infiltration of storm water. Open, uncovered retention/detention facilities shall not be considered as impervious surfaces. C. "Parcel" means any area of land within the City that is identified as a distinct property by the Spokane County Assessor's Office, whether or not the parcel is considered taxable. D. "Right -of -Way" means a strip or parcel of land dedicated to the City for public uses including street, mass transit, bicycle, and pedestrian uses as well as emergency access, utility, drainage, vegetation management, view corridor or other necessary public uses. Section 4. Utility Chartze. There is hereby imposed upon every developed parcel of property within the City a storm and surface water utility charge of $10.00 per 3,160 square feet of impervious surface. Utility changes shall be uniform for the same class of customers or service and facilities. The City hereby incorporates by reference as if fully set forth herein the rates and charges adopted by Spokane County through R.esolution 93 -155. The rates and charges provide a method to fund the storm and surface water utility and establish comprehensive management and administration. The City Council may by Resolution modify the rates and charges imposed by the Utility. Except as otherwise provided in RCW 90.03.525 for the Washington State Department of Transportation, all public entities and public property shall be subject to rates and charges established by the City Council for stormwater control facilities to the same extent as private persons and private property. The City Council when setting rates for public entities and property may consider stormwater services provided and maintained by the public entity and other related improvements, as well as, donations of services and property to the City Utility. Section S. Stormwater Utility Fund. There is hereby established a fund that is to be known as the "Storrnwater Utility Fund" into which shall be deposited monies received by the City with expenditures authorized as are properly chargeable to the fund pursuant to this ordinance. Monies in the fund shall be budgeted and appropriated for purposes consistent with the Storm and Surface Water Utility including, but not limited to, the planning, designing, acquiring, constructing and maintaining of stormwater control, conveyance and treatment facilities plus reasonably related administrative expenses. Section 6. Entry of Premises. Whenever necessary to make an inspection to enforce any of the provisions of this ordinance the City's designee may enter upon a parcel at reasonable times to inspect the same provided that if a building or parcel be occupied, identification and a request For entry shall be made. If a building or parcel is unoccupied, all reasonable efforts shall be made to contact the owner or occupant prior to entry. . Section 7. Exemptions. Low income seniors and disabled persons receiving relief under RCW 84.36.381 shall receive the following partial exemptions from surface water charges: A. All parcels for which a person qualifies for an exemption under RCW P: email attach mentslOrdinance No. 31,stormwater utility.doc 84.36.381(5)(a) shall be exempt from 40 percent of the utility fee. 13. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(i) shall be exempt from 60 percent of the utility fees. C. All parcels for which a person qualifies for an exemption under RCW 84.36.381(5)(b)(ii) shall be exempt from 80 percent of the utility fees. Section 8. Billing, Payment and Collection. The Finance Director or designee shall prepare and certify a roll identifying the developed parcels and the related utility charge to be paid. The City may through agreement with the Spokane County Assessor arrange for the utility charge to be placed upon the property tax bills sent to the owners of property within the City of Spokane Valley. All charges shall be due and payable on the date that the first property tax installment is due and payable to Spokane County. Thereafter, accounts shall be deemed delinquent and shall bear interest at a rate of 8 percent per annum, or at such other rates as may be authorized by law, computed on a monthly basis from the date of delinquency until paid in full. All charges (and interest) received shall be deposited into the Stormwater Utility Fund. Section 9. Lien for Delinquent Charges. In addition to any other remedies permitted by law, the City shall have a lien pursuant to RCW Chapter 35.67, as currently enacted or hereafter amended, for all delinquent and unpaid storm and surface water rates and charges, including interest, against the developed parcel which is subject to the charge. The lien may be foreclosed pursuant to RCW 35.67. Section 10. Administrative Adjustments. The City Manager or designee may authorize in writing a refund, credit or adjustment for any rate or charge when it is determined that an error, miscalculation or mistake has occurred. No refund, credit or service charge adjustment may be authorized unless brought to the attention of the City Manager or designee within one year of the occurrence of the error, miscalculation or mistake. In any instance where refund or credit is authorized, interest on the outstanding amount shall he waived. Section 11. Management Cooperation. Recognizing the purpose and functions of the City Stormwater Utility and to promote interjurisdictional cooperation, the Public Works Director or designee niay coordinate and jointly perform activities with Spokane County and other jurisdictions that promote the maintenance, operation and development of the City Storm and Surface Water drainage utility. The Public Works Director may adopt rules, policies and programs that relate to joint activities between the City and other jurisdictions including the review of development proposals that affect storm or surface water control. Section 12. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 13. 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. P: email attachments \Ordinance No. 31„tormwater utility.doc ATTEST: Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: PASSED by the City Council this day of January, 2003. P:lentail attachmcnts\Ordinance No. 31,stunnwater utiGry.doc Mayor, Michael DeVieming SUBMITTED BY: Interim Public Works Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -035 DATE ACTION IS REQUESTED: January 28, 2003 TITLE: Adopt County Guidelines for Stormwater Management APPROVED FOR COUNCIL PACKET: ATTACHMENTS: City Manager Ordinance No. 32 Dept. Head Attorney Approve As To Form TYPE OF ACTION: X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 32 Adopting by Reference he County Guidelines for Stormwater Management. DISCUSSION: In order to provide for management of stormwater systems within the City, Spokane Valley must adopt guidelines by which system construction, maintenance and operation can be monitored. The City will later modify the County guidelines or develop its own guidelines to provide for management of stormwater systems in the City. ALTERNATIVES: Draft our own document which would take several months to complete. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 32 AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE THE SPOKANE COUNTY GUIDELINES FOR STORMWATER iVAANACEMENT AS THE INTERIM GUIDELINES FOR ST ORMWATER MANAGEMENT OF THE CITY. WHER,EAS, the City of Spokane Valley will incorporate on March 31, 2003; and WHEREAS, the City of Spokane Valley desires to adopt Guidelines for Stormwater Management within the corporate limits of the City; WHEREAS, Spokane County adopted Guidelines for Stormwater Management dated January 1981, with subsequent amendments and addendums, which included the areas within the City of Spokane Valley; WHEREAS, after the date of incorporation, the City intends to review, revise and as necessary, develop its own Guidelines for Stormwater Management. NOW, TI-IERE:FORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Guidelines for Stormwater Management. Pursuant to RCW 35A.11.020 and 35A.12.140, the City adopts by reference the Spokane County Guidelines for Stormwater Management dated January 1981, with subsequent amendments and addendums which is attached hereto as Exhibit "A" and incorporated herein by this reference as presently constituted or hereinafter amended as the interim Guidelines for Stormwater Management 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 and references to County staff shall refer to the City Manager or designee. Section 2. 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 Guidelines for Stormwater Management is necessary or convenient to establish the validity, enforceability or interpretation of the Guidelines for Stormwater Management, then such provision of the Spokane County Code, or other law, rule or regulation is hereby adopted by reference. Section 3. Reference to Hearing Bodies. When the attached Guidelines for Stormwater Management 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. P:lcrnail attachmcntslOrdinancc No. 32,stormwatcr guidclincs_doc Section 4. Modification of Guidelines. The responsibility and authority for developing, adopting, modifying and monitoring the effectiveness of the Stormwater Management Guidelines of the City of Spokane Valley is delegated to the City Council Public Works Committee (as presently constituted or hereafter amended). The Council Committee shall work with the Director of Public Works, staff and others in order to provide for stormwater management and development of related facilities that promote the orderly development of the City and serve the best interest of the residents. The Council reserves the right to review the Guidelines for Stormwater Management including modifying and amending the same from time to time. Section 5. Uniform Code - Copies on File. The City Clerk is to maintain one copy on file of the Guidelines for Stormwater Management 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 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 January, 2003. interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P;lemsiil auachmentslOrdimincc No. 32.s1ormwutcr guidclincs.doc Mayor, Michael DeVleming SUBMITTED BY: Interim City Manager ALTERNATIVES: None CIITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -018 DATE ACTION IS TITLE: Establish position of TYPE OF ACTION: REQUESTED: City Manager January 14, 2003 -e .Reading January 28, 2003 -2 Reading APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 23 City Manager Dept. Head Attorney Approve As To Form STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Ordinance No. 23 Establishing the Office, Scope of Authority and Other Matters Relating to the City Manager. DISCUSSION: The City of Spokane Valley is a non - charter code city operating under the Council - Manager plan of government. Under the Council- Manager plan of government, the City Council appoints an officer who will be the chief executive officer and head of the administrative branch of the City with responsibility for the proper administration of all affairs of the City. Ordinance No. 23 creates the office of City Manager setting out the duties, powers and responsibilities of that office. FISCAL IMPACT: annual salary and benefits as negotiated in a contract. SOURCE OF FUNDS: General fund AMOUNT BUDGETED: budget not yet adopted AMOUNT NEEDED FOR PROJECT: not known X Ordinance Resolution Motion Other CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 23 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON ESTABLISHING THE OFFICE, SCOPE OF AUTHORITY AND OTHER MATTERS RELATING TO THE CITY MANAGER. WHEREAS, the City of Spokane Valley is a non - charter code city operating under the Council - Manager plan of government found at RCW Chapter 35A.13; and WHEREAS, under the Council - Manager plan of government, the City Council shall appoint an officer of the City whose title shall be "City Manager "; WHEREAS, the City Manager shall be the chief executive officer and head of the administrative branch of the City of Spokane Valley responsible for the proper administration of all affairs of the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Office Established — Appointment. There is created the office of City Manager. The City Manager shall be appointed by the City Council for an indefinite term. Section 2. Duties, Powers and Responsibilities. The powers and duties of the City Manager shall be to: A. Serve as chief executive and administrative officer of the City, supervising, administering, and coordinating the activities and functions of the various City offices and departments as established by the City's ordinances and the policies of the City Council; 13. Appoint and remove at any time all department directors, officers, and employees of the City, except members of the City Council, subject to the provisions of any applicable contract, law, rule or regulation relating to civil service; C. Appoint the municipal judge(s) of the City, subject to confirmation by the City Council; D. Attend all meetings of the City Council unless unavailable or excused by the Mayor; E. Recommend for adoption by the City Council such measures as necessary or expedient; P:lcmail attachmcnts \Ordinance 23, City Mgr revised.doc Page 1 City; F. Upon Council approval, execute contracts and other instruments on behalf of the G. Prepare and submit to the City Council such reports as may be required or deemed advisable; H. Periodically, advise the City Council as to the financial condition of the City and its future needs; I. Prepare and submit to the City Council a proposed budget for the fiscal year, and be responsible for its administration upon adoption; J. Supervise all expenditures by the various City offices, departments, and Boards within the limitations of the annual budget of the City; K. Make transfers between individual appropriations including allowances for budget items, departments and salary classifications within any one fund, provided the same is reported to the City Council or conunittee thereof, showing expenditures, liabilities and receipts against each separate budget appropriation during the period; and L. Represent the City at meetings with other governmental units, agencies, commissions, and associations as deemed necessary or as directed by the City Council. Section 3. Personnel Authority. The City Manager shall serve as the personnel officer for the City and be responsible for and have the authority to monitor and enforce the City personnel policies. The City Manager will establish procedures to insure that all department heads and their employees, as the highest administrative priority, understand and execute the principles of outstanding customer service for the citizens of the City of Spokane Valley. The City Manager must possess and demonstrate the above principles and periodically report to the City Council efforts and examples of enhanced service delivery. The City Manager during the annual budget process shall make recommendations concerning compensation of appointive officers, department directors, and employees which shall be fixed by ordinance. The appointive officers shall include a City Clerk and a Chief of Police. Upon approval of the annual budget, the City Manager is authorized to make salary adjustments within the annual budget appropriations upon the exercise of reasonable discretion. Section 4. Creation of Departments: Offices and Positions; Council Audit. The City Manager shall recommend the creation, elimination, consolidation and modification of departments, offices and positions as necessary or advisable for the efficient operation of the City, as well as, the power and duties of each department, office and position. The City Manager may delegate to any officer or position any duties required or authorized to be performed by the City Manager. The City Manager shall designate in writing an Acting City Manager to be responsible during extended absences of the City Manager from the city. The Acting City Manager shall have all power and authority of the City Manager during the absence. Paea�ail auachmenislOrdinancc 23, City Mgr reviseil.doc Page 2 The City Council reserves the right to cause a performance of financial audit to be made of any department or office within the City and may select the persons or entity to make such audit without the advice or consent of the City Manager. The scope of the audit and the results shall be reported directly to the City Council. This audit authority shall be exercised in a manner consistent with the power of the City Council to define the functions, powers, duties, compensation and working conditions of officers and employees including the authority to create departments, offices and employments as necessary or advisable. Section S. Removal From Office. The City Manager shall be appointed for an indefinite term and may be removed by a majority vote of the City Council in accordance with the provisions of RCW 35A.13.130 and RCW 35A.13.140. Section 6. Salary. The salary of the City Manager shall be as approved by the City Council in the annual budget. Section 7. Residency. The City Manager is not required to be a resident of the City on the date of City Council appointment but shall reside in the City within six (6) months of such appointment, unless otherwise waived by the City Council. Section 8. 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 9. 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: Effective Date: PASSED by the City Council this day of January, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: P:temail attachments\Ordinance 23, City Mgr revised.doc Page 3 Mayor, Michael DeVleming DATE ACTION IS REQUESTED: January 14, 2003 -0 Reading January 28, 2003 -2 Reading CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -025 APPROVED FOR ATTACHMENTS: COUNCIL PACKET: Ordinance No. 24 City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager ALTERNA'T'IVES: None TITLE: Establish the position TYPE OF ACTION: of police chief STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Ordinance No. 24 establishing the position of police chief, establishing duties and providing for appointment. DISCUSSION: State law requires that cities appoint a Chief of Police or other law enforcement officer with responsibility as the chief law enforcement officer of the City. Ordinance No. 24 creates the office, provides for duties of the office and for appointment of the police chief. FISCAL IMPACT: annual costs associated with operation of the office of police chief SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: x Ordinance Resolution Motion Other CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 24 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, CREATING THE OFFICE OF THE POLICE CHIEF, ESTABLISHING DUTIES AND PROVIDING FOR APPOINTMENT. WHEREAS, the City of Spokane Valley will incorporate on March 31, 2003; WHEREAS, RCW 35A.13.090 requires that the City of Spokane Valley appoint a Chief of Police or other law enforcement officer who shall be the chief law enforcement officer of the City; and WHEREAS, the City desires to prescribe the power and duties for the Office of the Chief of Police. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane, County, Washington, do ordain as follows: Section 1. Office Created. The City of Council of the Spokane Valley hereby creates the Office of the Chief of Police. Section 2. Duties. The Chief of Police, under the direction of the City Council and City Manager, shall serve as the chief law enforcement officer of the City of Spokane Valley. The Chief of Police and his designees shall possess investigative, arrest and incidental powers relating to the enforcement of municipal laws including criminal and traffic misdemeanors and civil infractions committed in the City of Spokane Valley. Additional duties performed include patrol, traffic and pedestrian safety, crime prevention, community relations and such other matters as necessary for the proper functioning of the City of Spokane Valley police force. The Chief of Police has the authority to commission police officers for the City of Spokane Valley and may perform all acts necessary to preserve the peace and the order of the City of Spokane Valley under State and local law. The Chief of Police shall serve pursuant to the ordinances and regulations of the City of Spokane Valley, and all applicable State and Federal statutes. Section 3. Appointment. Pursuant to RCW 35A.13.080, the Chief of Police shall be appointed by the City Manager. The City Manager shall have authority to remove the Chief of Police subject to any rule, law, ordinance or regulation relating to civil service (if applicable). Section 4. Qualifications. The City Council and City Manager shall confer in order to establish qualifications for the position of Chief of Police with such qualifications approved by Resolution of the City Council. Section 5. Salary. The salary for the position of Chief of Police shall be set by ordinance or contract. P:lemail attachmentslOedinance No 24, police chief position.doc t Section 6. 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 7. 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 of the City of Spokane Valley on January , 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor Michael .DeVlerning P:lemail nonchmcnts\Ordinance No 24, police chief position.doc 2 Objective I am proposing that the Council vote to send a name change measure to the September ballot upon the recommendation of a citizen task force pending its review of the total costs and ramifications of the change and its provision of opportunities for the public and various stakeholder groups to voice their opinion of this policy. Items to research: Change of Name Proposal Cost of election Placing an issue on the ballot will cost a considerable amount of money. The Spokane County Elections Office charges each municipal entity and taxing district the cost of the election based upon a factor relating to the number of issues on the ballot multiplied by the number of voters in the district. The multiplication factor is one (1) for the first ballot measure and .2 for every measure thereafter. (Thus our factor for the 2002 general election was 2.2 for 7 positions). The estimated cost of placing one issue on the ballot for the September 2003 election would be $16,000 with a second measure costing an additional $3,200. The cost would be the same if the measure was voted on by the council or sent to the ballot by petition. The cost will also be driven by the specific resolution or petition sent to the ballot. The least cost proposal would be to send no more than two names to the ballot, which requires that one name receive a majority vote after a majority of voters decide that the name should be changed. If a majority does not vote to change the name, then the issue is defeated. Proposing three or more names, however, poses the likelihood that none of the names will receive a majority vote and the measure will require another election. This, of course, will cost more money. The appointment of a citizen task force is being proposed to take on the task of determining additional costs to the city (i.e., changing signs, letterhead, and other materials) and presenting that information to the council. Public Involvement The larger question that must be presented to the people is: Should the name be changed in the first place and how do we determine what the new name should be? This will be another task appointed to the citizen task force. Changing the name of a city or community is and should be a process that heavily involves the public. The council should not be making a decision on the new name while operating in a vacuum. The task force will hold several forums and town hall meetings to gather input and comments from citizens, businesses, and stakeholder groups as to how a name change will affect there. Poll In order to determine what name(s) to place on the ballot, it may be necessary to conduct a scientific poll to gauge where the public stands on this issue. Polls can be expensive and the projected cost for a 5 - question poi! with a 2.5 — 3 point margin of error is roughly $4000. Recomrnendation and Final Vote Amer receiving public comment and conducting all necessary research, the task. Force will report to the council their findings and recommendations. The council will then make the choice to send the measure to the ballot or decline action, Time Frame The citizen task force can be appointed in Febniary and conduct its business for an approximate 60-90 day period. The process should be carried out as quickly and thoroughly as possible in order to provide interested citizens ample time before the 2003 election season to collect the necessary petitions if the council decides to take no action. .Respectfully submitted, Steve Taylor, Councilman (Enclosed are the RCW's pertaining to the procedures for changing our city's name.) RCW 35.62.010 Authority for. Any city or town may change its name in accordance with the procedure provided in this chapter. (1965 c 7 § 35.62.010. Prior: 1925 ex.s. c 146 § 1; RRS § 8891 -1.] RCW 35.62.021 Election -- Petition or resolution. The question of whether the name of a city or town shall be changed shall be presented to the voters of the city or town upon either: (1) The adoption of a resolution by the city or town council proposing a specific name change; or (2) the submission of a petition proposing a pec' c name changelfhalhas been signed by voters o It17eTcit or lawn equallin nun er tojaY,least ■ten percera , of the total nurnberiday.e_tprtsli5fetthicipal generalreN nom. owever, for any newly incorporated city or town that has not had city officials elected at a normal general municipal election, the election that is used as the base for determining the number of requi tur'f7Xhall,t5 tf e?el_cti Tatiiwhiehwlheli iN fficials w� UEE1 ectgi The election on changing the name of the city or town shall be held at the next general election occurring sixty or more days after the resolution was adopted, or the resolution [petition] was submitted that has been certified by the county auditor as having sufficient valid signatures. [1990 c 193 § 1.] RCW 35.62.031 Ballot -- One name proposed. Where only one new name has been proposed by petition or resolution such question shall be in substantially the following form: "Shall the name of the city (or town) of (insert name) be changed to the city (or town) of (insert the proposed new name) ? Yes... No..." If a majority of the votes cast favor the name change, the city or town shall have its name changed effective thirty days after the certification of the election results, [1990 c 193 § 2.] RCW 35.62.041 Ballot -- More than one name proposed -- Votes necessary. Where more than one name is proposed by either petition or resolution, the question shall be separated into two separate parts and shall be in substantially the following form: "Shall the name of the city (or town) of (insert name) be changed? Yes... No..." "If a name change is approved, which of the following should be the new name? (insert name) jinsert name) Vote for one." Voters may select a name change whether or not they vote in favor of changing the name of the city or town. If a majority of the votes cast on the first proposition favor changing the name, the name that receives at least a majority of the total number of votes cast for an alternative name shall become the new name of the city or town effective thirty days after the certification of the election results. If no alternative name receives a simple majority vote, then an election shall be held at the next November special election date, at which voters shall be given the option of choosing which of the two alternative names that received the most votes shall become the new name of the city or town. This ballot proposition shall be worded substantially as follows: "Which of the following names shall become the new name of the city (or town) of (insert name) ? (insert name) (insert name) Vote for one." The name that receives the majority vote shall become the new name of the city or town effective thirty days after the certification of the election results. [1990 c 193 § 3.] RCW 35.62.060 Results -- Certification. Whenever any city or town has changed its name, the clerk shall certify the new name to the secretary of state prior to the date when the change takes effect. [1965 c 7 § 35.62.060. Prior: 1925 ex.s. c 146 § 6; RRS § 8891 -6.] .SIPIEMISMMIE1 IM IU ACCOUNTING 477.2280 FAX 477-8451 VICKY M. DALTON, CPA SPOKANE COUNTY AUDITOR 1116 W. Broadway Ave. Spokane, WA 99260 -0020 STATE OF WASHINGTON ) ) ss. County of Spokane County ) Certification of the total number of votes cast at the last State General Election held November 5, 2002 in accordance with RCW 84.52.052. ENTITY: CITY OF SPOKANE VALLEY VOTES CAST: 24,915 40 % REQUIREMENT: 9,966 ATTEST: DATED this 13 day of December, 2002 J aul E Brandt, Elections Manager AUTO UICSN 8 477.2221 TOD: 477.2249 0 RECORDING 477.2270 FAX: 477.8451 CERTIFICATE 40% LEVY REQUIREMENT Vicky M Psalton, Auditor' of Spokane County, Washington as Ex- officio Supervisor of Elections ❑ ELECTIONS 477.232D TOO: 477.2373 RECEIVED DEC 1 7 2002 0 ADMINISTRATION 477.2217 FAX: 477.8451