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2003, 02-11 Regular Meeting1. CALL TO ORDER 10. ACTION ITEMS Council Aernt1a Ftb_ 1 1. 2003 CITY OF SPOKANE VALLEY CITY COUNCIL AGENDA = REGULAR MEETINO COUNCIL REPORTS CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor Spokane Valley, Washington Tuesday February 11, 2003, 6:00 p.m. 2. INVOCATION Pastor fury Hcbden, Valley Open Bible Church 3. PLEDGE OF ALLEGIANCE 4. ROLL CALL 5. APPROVAL OF AGENDA • 6. PUBLIC C M ]I.NTS (For members c)f the puh I it to speak to the Council regarding matins NOT on thi agenda. Please state your name, address and 5ubj et for die record and limit remarks to three m inuI C .. Thsmk you.) 8. CONSENT ENDA ( omyisi5 4f' itrmS considered rc'uLine which arc approved aS a groi.p. A Councilnrember may remo'. e an item fmm the Agenda to be considered separately.) } Approve Special Meeting Minutes, January 16, 2003 /2) Approve Special Meeting Minutes, ,Ianuary 21, 2003 3) Approve Regular Meeting iiVlinutcs, January 28, 21103(rtridyril i] Ittliu ) d Apt, rove Claims Obligations in amount of 5117,571.,02 9. ,PUBLIC HEARING 1 1.) Open Public Hearing on Spokane Valley January 1 -March 31, 2093 Anterim Budget 2) Receive Public Comments an Interim Budget (Ail persons spealfingplease sign -in with mrrirnre, address, telephone number) 3) Close Public .Dearing A) Motions ]) Mayoral appointments — Lodging Tax Advisory Committee 1 13) Or9inances — First Reading , /1) Agenda Bill No. 2003 -036, Adult Entertainment (Ordinance No. 36 ) (PUBLIC COMMENT ON ORDINANCE NO. 36) 12) Agenda Bill No. 2003 -037, Planning Commission (Ordinance No. 35) (PUBLIC COMMENT ON ORDINANCE NO. 35) J3) Agenda Bill No. 2003 -038, Amendment to Stormwater Utility / (Ordinance No. 31 -Al ) ( PUBLIc COMMENT ON ORDINANCE NO. 31-A1) I 4) Agenda Bill No. 2003 -039, Jan 1 -Mar 31, 2003 Interim Budget (Ordinance No. 37) (PUBLIC COMMENT ON ORDINANCE NO. 37) C) Or dinances — Second Reading 1) Agenda Bill No. 2003 -032, Establish hotel/motel tax, (Ordinance No. 27) (PUBLIC COMMENT ON ORDINANCE NO. 27) 2) Agenda Bill No. 2003 -033, Adopt County Road Standards (Ordinance No. 33) (PUBLIC COMM r ON ORDINANCE NO. 33) J 3) Agenda 13111 No. 2003 -035, Adopt Stormwater Guidelines (Ordinance No. 32) (PUBLIC COMMENT ON ORDINANCE NO. 32) D Resolutions 1) Agenda 13i11 No. 2003 -040, Expressing intent relating to fire service (Resolution No. 03 -016) E) Contracts 11. CITY MANAGER AND STAFF REPORTS 12. PUBLIC COMMENTS (Maximum of three minutes please; state your nanic, address and subject for the record) 13. NEW BUSINESS 14. ADJOURNMENT FUTURE SCHEDULE A) Feb. 13, 2003, Council Study Session, 6:00 p.nr., City Hall B) Feb. 14, 2003, Council Workshop, noon -6:00 p.m., Redwood Plaza Clock Tower .Building Conference Room No. 204 C) Feb. 18, 2003, Council Study Session, 6:00 p.m., City Hall D) Feb. 19 -20, 2003, A WC City Lesiglative Action Conference, Olympia E) .Feh. 20, 2003, Council Study Session, 6:00 p.m., City Hall F) Feb. 25, 2003, Council Regular Meeting, 6:00 p.m., City Hall Council Aeenda Fcb. 11, 2003 2 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVlering- Position No. 3 }�- Deputy Mayor Diana Wilhite- Position No. 1 i Councilmember Dick Dcnenny- Position No. 7 Councilmembcr Mike Flanigan- Position No. 6 Councilmcmbcr Rich Munson - Position No. 5 i Councilmcmber Gary Schimmels- Position No. 4 7) Councilnicmber Steve Taylor - Position No. 2 COUNCIL ROLL CALL CITY OF SPOKANE VALLEY COUNCIL MEETING DATE (f e,L3 NAME PLEASE PRINT ADDRESS TELEPHONE P e,(1 1) Le // I 1 0 4 (7 6 E, I , . - 1 . !ig M i vy ri011 -Q /3 /g etui-i 9'� PUBLIC HEARING SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE f . . / 3oo SUBJECT acw3 ALL PERSONS WISHING TO SPEAK AT ME PUBLIC HEARING MUST SIGN IN WITH YOUR NAME AND ADDRESS FOR THE RECORD. THERE MAY BE A TIME LIMIT FOR YOUR COMMENTS. A COPY OF ANY WRITTEN COMMENTS RELATING TO THE PUBLIC HEARD IC SUBJECT MUST BE PROVIDED TO THE CITY CLERK NAME PLEASE PRINT ADDRESS TELEPHONE 1 s ue ;. - R, & gc26 /2.0/3 s E. j ld« - lae /Yirq /,v A it e 6.- ■§' 1 /- 7.2 •'� ` 9 2 C'H o c k JA v i PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE .A zi ai (/, �14Y)3 CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. PLEASE STATE YOUR NAME AND ADDRESS FOR THE RECORD. YOUR TIME WILL BE LIMITED TO THREE MINUTES Proposed Hotel/Motel Tax Citizen Advisory Committee for Spokane Valley Jeff Fox General Manager /Doubletree- Valley N. 1100 Sullivan Rd Veradale, WA 99037 (509)922 -6214 Property annually pays the most into the Hotel/Motel tax fund. In addition, Jeff is the past Chair of the Hotel /Motel Association. Liz Beck General :Manager /Super 8 Motel N. 2020 Argonne Spokane Valley, WA 99212 (509)928 -4888 Liz has been GM at this property for about 12 years. She is active on the Valley Chamber Tourism Committee and came highly recommended by several of the other Hotel/Motel managers and owners. Peggy Doering Director /Valley Fest (509)924 -6829 (509)499 -0663 Founder and Director of Valley Fest -an annual, and successful Valley family celebration. Jayne Singleton Director /Spokane Valley Legacy Foundation 216 N. Long Rd Greenacres, WA 99016 (509)891 -0487 (509)979 -0922 Founder and Director of the Valle} .Legacy Foundation, a group dedicated to bringing a Heritage Center /Museum to the Spokane Valley that will celebrate the past, present and future of the Spokane Valley. Mike Flanigan Spokane Valley City Councilrnernber February 11, 2003 To: Spokane Valley City Council From: Penny Lancaster, Community Impact Spokane, 14816 E. Farwell, Spokane, WA 99217; 922 -4825 I am pleased that the council is considering the adoption of the county ordinance, which was updated and adopted with a 5 -year amortization period for existing businesses, in 1999. It is a well- written document and has been defended in state and federal courts, so you are standing on solid ground. May T remind you of the critical nature of Adult Entertainment regulations and zoning ordinances. They are designed to prevent and control health, safety, and welfare issues; and the decline in neighborhood conditions in and around Adult Entertainment premises. Reading from the preamble of the proposed ordinance it says, in part: "...the board finds that adult entertainment establishments are frequently used for unlawful activities including prostitution, sexually explicit conduct in a public place, lewdness, drug activity, use and distribution of obscenity, and sexual exploitation of minors..." and "licensing is a legitimate and reasonable means of accountability..." In light of this truth, I would suggest a small amendment that would bring these regulations into line with Spokane City's regulations and consistent with the current county restrictions for an adult entertainment establishment, namely DejaVu. The proposed ordinance states at Sec.7.80.100 (g) Hours of Operation: "An adult entertainment establishment may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m." As "adult entertainment establishment" is defined in the county ordinance this restriction would not apply to Adult Retail Use Only Establishments like Castle Bookstore, Ms Kitty's, and the two World Wide Video stores on the East 9000 block of Sprague. But why should they be exempt? The secondary harmful effects apply to them just as much as DejaVu — if not more so. The concern is that men are frequenting these businesses after the bars close, often inebriated. They are also coming from within the city of Spokane looking for pornographic materials because their adult bookstores are required to close at 2 a.m. Sometimes they park down the block and walk by businesses that are closed and dark. On at least one occasion a business was broken into late at night, after the Erotique Boutique opened on Division and Garland. One woman reported seeing a man looking into her window after 1 in the morning. The traffic and noise associated with these bookstores 24 hours a day is unnecessary. Other video and bookstores don't stay open all night. Does this reasonable request further the government's interest in preventing crime during the late night hours; is it Constitutional; is it legal? You bet it is! On March 30, 2000 the Ninth Circuit Court of Appeals affirmed a lower court's ruling that Arizona's law closing adult businesses at 1 a.m. is constitutional. WA State courts have also agreed with these limitations. I encourage you to take advantage of this window of opportunity tonight to amend the county ordinance with this proposed provision - for the sake of consistency within the ordinance and with Spokane City laws. Merely add the words "and Adult Retail Use Establishments" to Section 7.80.100(g). Why wait to make Spokane Valley City a little safer at night? 905 N. McDonald Rd. Spokane. WA 99216 (509) 924 -3705 (509) 924 -3709 Fax www.valleyopenbible.org Pastor Gary Hebden Associate Pastor Youth Tim Zakarian Administrator Dale Maurer A Heart For The Home Childcare Chris Armstrong Secretaries Janice Heinen Arlene Hebden ` 1 r M(4 Open Bible Church Prayer for Spokane \Talley City Council Meeting Pastor Gary Hebden Valley Open bible Church 2/11/02 Heavenly Father — Thank you for the opportunity that each of us have to serve this community especially in these ground breaking days. We pray that You would give wisdom and guidance to these City Council members regarding all the issues that come before them tonight. We pray for the people of our community that You would bless the work of their hands and give creative understanding to every issue they encounter. Though these days may be filled with uncertainty, we know that with Your help and provision all things are possible. We invite Your presence and ask For Your blessing on all that is accomplished for the good of Spokane Talley. We ask this in the name of our Lord, Jesus. Amen City of Spokane Valley City Council Minutes Special Meeting January 16, 2003 DRAFT The special meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 7:03 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Rich Munson, Gary Schinlmels and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Contracts Manager Bob Jean, Interim Administrative Assistant Sue Larson, and Interim City Clerk Ruth Muller. Executive Session: Mayor DeVleming advised that Council will recess to executive session for approximately 45 minutes for discussion of legal, personnel and real estate (natters. All persons not required at the executive session exited the chambers. The executive session was extended for approximately one hour at 8:00 p.m. The executive session was further extended for approximately two hours at 9:00 p.m. The meeting reconvened from executive session at 10:20 p.m. Agenda Bill No. 2003 -028, City Hall Lease: Interim Attorney Schwartz said that he recommends in the form of a motion that the Council accept the lease agreement as presented to the City Council tonight, authorize the Interim Attorney to make modification to the lease agreement and approve it as to form, and authorize the Interim City Manager to execute the lease. Councilmember Munson moved and Councilinember Flanigan seconded that the Commercial Lease Within the Clock Tower Professional Building at Redwood Plaza . resented to the Ci , Council toni -'ht be acce►ted, that the Interim Attorne , be authorized to make modifications to the lease agreement as follows, approve it as to form, and that the Interim City Manager be authorized to execute the lease agreement as modified. Modifications to be made to the lease agreement include: Paragraph No. 1: Add language relating to the fenced parking area as part of the leased premises. Council minutes, 01 -I6 -03, Approved 1 Paragraph No. 5: The City will have ten parking spaces dedicated specifically for City use. Paragraph No. 7, Leasehold Improvements: Plans and specifications for leasehold improvements to Suites 101, 105 and 106 shall be as agreed to by the parties. Upon termination of the lease, the City has the right to keep the dais and related fixtures as well as cabinetry, provided the space is returned to the condition it was in prior to construction, with reasonable wear and tear accepted. Paragraph No. 36, Security: Provision will be made for City access to the building and the premises after normal business hours for meetings and special events that occur outside of those business hours, with specific arrangements on security to be agreed to between the parties. Paragraph No. 38, Cost of leasehold improvements: Actual cost of improvements are to be paid by the City and will be factored into the rent paid by the City. Construction shall start immediately upon execution of the lease. Actual cost of the leasehold improvements for Suites 101, 105 and 106 will be factored into the rent and amortized over the four - year lease period. Motion authorizing execution of the lease agreement for City Hall space as amended carried unanimously. Interim Attorney Schwartz said that he will have a revised lease agreement prepared, ready for review by the Council January 21, and if there are no questions relating to the revised document, it will be executed on or about January 23. Councilmember Flanigan moved and Councilmember Taylor seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 10:25 p.m. ATTEST: APPROV ED: Interim City Clerk Mayor Michael DeVleming Council minutes, 01 -16 -03, Approved 2 City of Spokane Valley City Council Minutes Special Meeting January 21, 2003 DRAFT The special meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 8:O5 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Rich Munson and Steve Taylor. Councilmembers excused: Councilmember Gary Schimmels Staff present: Interim Manager Lee Walton, Interim Deputy Manager Stan McNutt, and Interim City Clerk Ruth Muller Agenda Bill No. 2003 -01.7, Department head position profiles and salary ranges: Greg Prothman, said that he has researched organizational structure of the Spokane County and the City of Spokane department staffing and provided Council a summary of positions, salary ranges and work hours included in the salary for these two agencies. Both of these governmental agencies have quite a diiTerent structure than the traditional staffing structure that Spokane Valley is going to have. So he has spread out to other cities in Eastern Washington to provide salary range comparisons as the Council directed. Prothman provided salary reviews for the department heads that includes the Tri- Cities, with a recommended salary range for each position. Councilmembers discussed the need to provide salary range to attract top -notch candidates, that new cities are high -risk situations, that the public works director will be accountable for managing contracts and/or personnel, and what factors attract qualified candidates. Councilmember Munson moved and Deputy Mayor Wilhite seconded that the Public Works Director salary range be $75.000 - $100,000. There were no public comments. The motion failed with two aye votes — Deputy Mayor Wilhite and Councilmember Munson and four nay votes — Mayor DeVleming, Councilmembers Denenny. Flanigan and Taylor, Mayor DeVleming moved and Councilmember Denenny seconded that the Public Works Director salary range be $80,000 - $105.000. The motion carried unanimouslL Council minutes, Jun. 21, 2003, Approved 1 Councilmember Denenny moved and Councilmember Flanigan seconded that the salary ranges for the four remaining positions of Building Official. Deputy City Manager. Finance Director and Planning/Community Development Director be approved reducing the low end but retaining the high end. There were no public comments. After brief discussion, Councilmember Taylor suggested a friendly amendment that the Building Official low end remain as submitted. The maker and seconder of the motion agreed. Motion carried unanimouslypproving salary ranges for Building Official at $63.000 - $78,000; Deputy City Manager at $80,000 - $105,000; finance Director at $80,000 - $105,000; and Planning/Community Development Director at $75,000 - $100.000. Councilmember Denenny moved and Councilmember Flanigan seconded that the position profiles for the five department head positions be approved. The motion carried unanimously. Deputy Mayor Wilhite requested discussion of providing social security or comparable private insurance for these positions. After brief discussion, Councilmember Taylor moved and Councilmember Denennv seconded that Spokane Valley use a 401(A) polram as social security replacement for staff. The motion carried by majority vote with four aye votes — Mayor DeVleming, Councilmembers Denenny, Flanigan, and Taylor: and two nay votes — .Deputy Mayor Wilhite and Councilmember Munson. There being no further business, Councilmember Flanigan moved and Councilmember Denenny seconded that the meeting_ adjourn. The motion carried unanimously. The meeting adjourned at 8:45 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael DeVleming Council minutes, Jan. 21, 2003, Approved 2 CHECK. DATE CHECK NUMBER AmouNT PAYEE DESCRIPTION DEPARTMENT iYiTi:::::i_..!i!ili: .i':i:i!iii:!::::::;::::: =_===========~~==~~~~ lili!ilri:::lifiLPiji:iligiiiiiiIing ilii .P:iiiiiiiiiiiiiiili!i: * Registrations i:iliii::::::::!1:nrili:iiiiiiiiiiiiTiii!i 2P/2003 S250.00 Association of WA Cities Workshop for Mayor & Council 2/7 ' $1,668.79 Resource Conlputing, Inc. Labor to install (12) nesv PCs & transfer data 217/2003 . $150.00 WA State Boundary Review Board lncorporat.ion Studies (10) and Valley Maps (25) 2/7/2003 $164.10 Creative Business Systems, inc. Name tags for Council and Staff 2/7/2003 $115.58 Kinko's Planning maps, (54) ea 11x17 2/7/2003 _iN:1:1:!:;::::::i: $71.67 Staples .,Ei!i'ii!iii:i:ii:Ei!iiti office Supplies 2/7/2 $ 61.56 Cot fee systems, I nc. toffee Service - 5Ib blend 1/7/2003 $193.21 Verizon Wireless, 13ellevue • Cellular Phone Service 'Estate 2/7/200 $180.00 Spokane-Kootenai Real Resear . ;:::::::::!i:i:i:i::::;i:i.lil::!:!:::li!:::iiiii:i Registration, (4) Council, (2) Staff; Real Estate Forum ititiboo $1$,796.44 Hewlett-Packard Company PC Systems iqVit: :ili:iiiiiiiiiIM:i:i::::::!:;O:ii:;: ;!i!i:iii'.iiiiifii:::::::!'::ililii:i:iiiIi!i :iii:;:::i:iiti;i;i:ili:i: Yi!;:::::::i:::':: 2/7/2 $70.27 Bank & Office InteriOrs Office Supplies - label holders 21712 $14 I..ee Walton Reinibursement for Commissioner Ivlig supplies 2/7/2003 $5,361.67 Phones Plus Labor & Mail to install phone system 2/7/2003 $88,217.82 Prothman Company Consulting Services for pay period 1/31N3 2/7/2003 51,333 Office Depot Office supplies 2/7/2003 51113.30 Bob Reimbursement Sandwiches for Cnty Commissioner meeting 2/7/2003 ................. ----•............•—•.--;,:•:-:-:,.•:-: Z'e......,:;1::7bi c1::.,..,:;..;5ril:::::,:i..y.i.iii.i,iTimi:,,„:,.1!ie.: :•...:•:.:.:,..:.:•:•:•,•:•,•:•:-:•,,,•:::::,:::-..:::::::::,::,,,,,...,,,,,,,:;;;:i;i:::!;!;!;:.;!*%.,;:, Addition of (3) e-mail accts & cable install ::.„iti...i;i:,...,:;:::,,,,,,,,,;,;:;:ti,:,i,.; .i • ,. sa25.12 irriprest Cash Reimburse Peity Cash q:*.i':::?:i.liiiiiiii*iii;iii;iiii:Nii,...ii FOR THE ITEMS INDICATED BELOW: APPROV0 - FINANCE COMMITTEE /A r k iiri" , Al2D-MUNSON -" CM:RWN A: Claim *ocher Listing - 2-7-03 r CLAIM VOUCHER LISTING CITY OF SPOKANE. VALLEY, WASHINGTON 99206 DIANA WILHITE STFVE TANI fl Council Meeting 2/11/2003 Total this page' $117,571.02 Page 1 PUBLIC HEARING 1NTERLM BUDGET JANUARY 1 TO MARCH 31, 2003 1. Mayor open Public Hearing City of Spokane Valley City Council Agenda 2. Purpose of this public hearing is to receive citizen comment on Spokane Valley proposed interim budget, January 1, to March 31, 2003. 3. Any person wishing to speak, must clearly state their name and address for the record. There will be a three minutes time limit for comments. 4. Mayor closes Public Hearing DATE ACTION IS REQUESTED: February 11., 2003 TITLE: Adult Entertainment TYPE OF ACTION: regulations X Ordinance APPROVED FOR COU . C L PACKET: ATTACHIVI NTS: Resolution Ordinance No. 36 City Manager Motion Dept. Head Other Attorney Approve As To Form SUBMITTED BY: Interim City Manager CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -036 STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Advance Ordinance No. 36 to second reading. DISCUSSION: The issue of regulating "adult entertainment" has been a difficult and contentious issue with Washington cities for several years. Many efforts have failed because the line between "free speech" and public decency has been difficult to define to the satisfaction of the Courts. Fortunately, Spokane County has developed an ordinance that appears to be effective and which has also passed muster at the 9 Circuit Court. Rather than expend resources developing our own City version, I am recommending that Spokane Valley adopt the County ordinance by reference. The Sheriff is familiar with this legislation and has experience in enforcing its provisions. If experience suggests that this ordinance has shortcomings then of course it can be modified. ALTERNATIVES: (1) To not adopt the ordinance and the City would not regulate these establishments, or (2) direct the City Attorney to draft alternate legislation. FISCAL IMPACT: No additional cost. Enforcement will be part of the proposed law enforcement contract. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINA/44CE NO. 3 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING BY REFERENCE CHAPTER 1.80 ENTITLED "ADULT ENTERTAINMENT ESTABLISHMENTS" OF THE. SPOKANE COUNTY CODE, WHEREAS. the City of Spokane, Valley is committed to protecting the general welfare of the City through the enactment of laws prohibiting obscenity, indecency and sexual offences while preserving constitutionally protected forms of expression; WHEREAS, in reliance upon the extensive study, research and investigation conducted by the City of Spokane and Spokane County including adopting and accepting the record developed by the City and the County with respect to live adult entertainment establishments, the City has concluded that legislation should be enacted in order to protect the health, safety and welfare of the patrons and employees of such businesses as well as the citizens of the City; and WHEREAS, in recognition of and reliance upon the above, the City has concluded that appropriate adult entertainment regulations are contained in Chapter 7 -80 of the Spokane County Code and should, therefore, be adopted as the adult regulations of the City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. .incorporation By Reference. Pursuant to RCW 35A,11.020 and 35A.12.1.40, the City adopts by reference Chapter 7.80 entitled "Adult Entertainment Establishments" of the Spokane County Code as presently constituted or hereinafter amended, as the Adult 'Entertainment regulations of the City. Chapter 7 -50 entitled "Adult Entertainment Establishments" of the Spokane County Code is attached hereto as Exhibit "A" and incorporated herein by this reference as if fully set forth. Section 2- Adoption of Certain Other Laws- To the extent that any provision of the Spokane County Code, or any other law, nil; regulation or document(s) referenced in the attached Chapter 7 -80 entitled "Adult Entertainment Estab]ishrnents ", is necessary or convenient to establish the validity, enforceability or interpretation of the adult entertainment establishment section such provision of the Spokane County Code, or other law, rule, regulation or dacunnent(s) is hereby adopted by reference. Section 3. Reference to Spokane County and Hearinc Bodies. Unless the context requires otherwise, any reference to the "County" or to "Spokane County" shall refer to the City of Spokane Valley, and any reference to County staff or licensing officer shall refer to the City Manager or designee. To the extent that Exhibit "A" refers to the City Council or other licensing body, the City Council hereby designates and confers jurisdiction upon the Hearing Examiner to hold hearings and render decisions on natters which relate to Chapter 7.80 entitled "Adult Entertainment Establishments ", Section 4. Sevcrability. 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 CA1)003rneas and Se iingskrmullcr I,.ocil Srttino\Tcmpnirary Interne[ Files IlOrdimince No- 36.doc section, sentence, clause or phrase of this Ordinance. Section 5. 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 February, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming C:lf)ocuments and SewngslnnulleALocal Seuings \Temporary Internet Filcs\OLKl I\Ordinance No. 36,doc Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS Page 1 of 1 Title 7 BUSINESS — REGULATION, LICENSING AND TAXATION Chapter 7.80 ADULT ENTERTAINMENT ESTABLISHMENTS 7.80.010 Preamble. 7.80.020 Findings, 7.80.030 Purpose_ 7.80.040 Definitions. 7.80.050 License required. 7.80.060 License prohibited to certain classes. 7.80.070 Applications. 7.80.080 Adult entertainment establishment manager and entertainer licenses. 7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. 7.80.100 Premises— Specifications. 7.80.110 License fees, term, expiration, assignment, and renewals. 780 120. Licensing . compliance with other county ordinances. 7.80.130 License suspension and revocation -- Hearing. 7.80.140 Appeals. 7.80.150 Notices. 7.80.160 Liquor regulations. 7.80.170 Violation a misdemeanor. 7.80.180 Code viotaiions and_enforcement, 7.80.190 Conflicting sections or provisions, 7.80.200 Time frame for compliance of nonconforming adult entertainment establishments. 7.80.210 Chapter not intended towards particular group or lass, 7.80.220 Liberal construction. 7.80,230 Moral nuisance. 7.80.240 Additional enforcement. 7.80.250 Severability_ http: / /ordl ink.comlcodes /spokanecol DATA/TITLE07 /Chapter_7_80_AD U LT_ENTER... 1/21/2003 7.80.010 Preamble. WHEREAS, the board of county commissioners of Spokane County, hereinafter "the board,' is committed to protecting the general welfare of the unincorporated areas of the county through the enforcement of laws prohibiting obscenity, indecency and sexual offenses while preserving constitutionally protected forms of expression, and based upon public testimony and other evidence and information before it; and WHEREAS, having made a detailed review of the national record, the record in the city of Spokane and the state of Washington, and the conditions in the county of Spokane regarding live adult entertainment establishments and adult entertainment establishments with arcades, hereinafter collectively referred to as "adult entertainment establishments,' the board has conducted an in depth study of the legal issues, regulatory and licensing options, expenses, actions and ordinances utilized by other jurisdictions. Spokane County finds that adult entertainment establishments require special supervision from the public safety agencies of Spokane County in order to protect and preserve the health, safety and welfare of the patrons and employees of such businesses as well as the citizens of Spokane County; and WHEREAS, the board finds that concerns about crime and public sexual activity within the adult entertainment establishments are legitimate, substantial and compelling concerns of the county which demand reasonable regulation; and WHEREAS, the board finds that adult entertainment establishments are frequently used for unlawful activities including prostitution, sexually explicit conduct in a public place, lewdness, drug activity, use and distribution of obscenity, and sexual exploitation of minors; and WHEREAS, the board finds that adult entertainment establishments, due to their nature, have secondary adverse impacts upon the health, safety and welfare of the citizen,ry through increases in crime and opportunity for spread of sexually transmitted diseases; and WHEREAS, the concern over sexually transmitted diseases is a legitimate health concern of the county which demands reasonable regulation of adult entertainment establishments in order to protect the health and well -being of the citizens of Spokane County; and WHEREAS, licensing is a legitimate and reasonable means of accountability to ensure that operators of adult entertainment establishments comply with reasonable regulations and to ensure that operators do not knowingly allow their establishments to be used as places of illegal sexual activity or solicitation, while providing to those who desire to operate or to patronize adult entertainment uses an opportunity to do so in a secure environment; and WHEREAS, there is convincing documented evidence that adult entertainment establishments, if not appropriately regulated and licensed, have a detrimental effect on both the existing businesses around them and the surrounding residential areas adjacent to them, causing increased crime, the downgrading of quality of life and property values, and the spread of urban blight. Reasonable regulation of these facilities will provide for the protection of the community, protect residents, patrons and employees from the adverse secondary effects of such arcade facilities; and WHEREAS, licensing of managers and requiring their presence on the premises during all times when adult entertainment is offered is necessary so that the individual responsible for the overall operation of the establishment, including the actions of patrons, entertainers and other employees, will be available and accountable at all necessary times; and WHEREAS, licensing fees required herein are nominal fees imposed as necessary regulatory expenses incurred by the county in regulating adult entertainment establishments; and WHEREAS, locational criteria alone cannot adequately protect the health, safety and general welfare of the citizens of this county; and WHEREAS, it is not the intent of this ordinance to suppress any speech activities protected by the First Amendment to the United States Constitution, or Article 1, Section 5 of the Washington State Constitution, but to enact content neutral legislation which addresses the negative secondary impacts of adult entertainment establishments; and WHEREAS, it is not the intent of the board to condone or legitimize the distribution of obscene material, and the board recognizes that state and federal law prohibits the distribution of obscene materials; and WHEREAS, the board at its duly advertised public hearing on November 4, 1997, considered the subject matter of adult entertainment establishments within the unincorporated areas of the county of Spokane, at which public hearing the board received comments from the public on that subject matter, which the board believes to be true, and which, together with the findings heretofore set forth as the basis for the enactment of Resolution No. 97 -1052, form the basis for the adoption of this chapter; and Pursuant to the authority granted by the Constitution and the legislature of the state of Washington, be it enacted by the Spokane board of county commissioners the provisions of this Chapter 7.80. (Res. 97 -1052 Attachment A (§ 1), 1997) 7.80.020 Findings. (a) Based upon a wide range of evidence presented to the board and that presented in other jurisdictions to legislators and courts, including but not limited to the testimony of enforcement officers, members of the public, and based upon other evidence, information, publications, articles, studies, caselaw, and materials submitted to and /or reviewed by the board and staff, the board finds that the commercial offering of adult entertainment establishments containing live adult entertainment and /or arcade devices is a use which, although afforded some constitutional protection in the material or performance to be viewed, often creates or enhances undesirable secondary effects, which include a wide range of criminal and unlawful activities that are detrimental to the public health, safety and welfare of Spokane County, which have regularly and historically occurred within and around the adult entertainment facilities. These adverse secondary effects are well documented in the national record. The criminal activity complained of has included the following: narcotics and liquor law violations; breaches of the peace; assaults; criminal activity involving illegal contact between patrons and between entertainers and patrons; tax evasion; money laundering activity; sexually explicit conduct, acts of lewdness, and indecent exposure; prostitution, patronizing a prostitute, promotion of prostitution; sale, promotion, production, distribution, dissemination or display of obscenity or child pornography; soliciting, procuring, aiding and abetting, employing, authorizing, or causing a sexual performance by a minor; indecent conduct with a minor; communication with a minor for immoral purposes; sexual assault or rape; sexual solicitation, molestation or exploitation of a minor; contributing to the delinquency of a minor; maintaining a moral nuisance; having a minor on the premises of a commercial establishment where there are materials or performances depicting specified anatomical areas or activities. Adult entertainment facilities have engaged in practices which involve secreting ownership interests for the purpose of skimming profits and avoiding the payment of taxes in the absence of regulations such as those herein set forth. These hidden ownership interests have, on occasion, been held by individuals and entities reputed to be involved in organized crime. In order for the county to effectively protect the public safety and general welfare of its citizens and effectively allocate law enforcement resources, it is important that the county be fully apprised of the actual operation of adult entertainment establishments, and identities and backgrounds of persons responsible for management and control of the adult entertainment establishments. Sexually oriented businesses of this nature have historically produced adverse secondary effects that are often not controlled by the owners, operators, managers or personnel associated with the establishments. Such persons, and persons previously convicted of a specified criminal activity, have demonstrated an inability and/or unwillingness to maintain premises which are free from such adverse secondary effects. In some instances, employees have been sanctioned by management for not cleaning up after patrons' sexual contacts in the facilities. Used condoms are frequently present in adult arcade premises. Some adult arcade facilities sell sexual devices which are then used on the premises. Masturbation and other sexual contacts within the arcade stations or booths is a frequent occurrence in arcade facilities. Much of the national legislative record is also documented in case law which has developed in Washington State and around the nation. Ino Ino Inc. v. City of Bellevue, 132 Wn.2d 103 (1997) (Municipality's ordinance regulating and licensing live adult entertainment facility is constitutionally valid; courts have recognized government's substantial interest in curbing secondary effects of adult entertainment establishments.) The Supreme Court of the United States has recognized that cities and states have a substantial governmental interest in preserving the character of their neighborhoods, preventing the deterioration therein, and that this reasoning is sufficient support for regulating adult entertainment establishments. Renton v. Playtime Theater, Inc. 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct 925 (1986). In Renton, the Supreme Court further expanded the ability of the legislative body to rely upon the experiences of other cities and the notion of 'legislative notice" to satisfy the requirement that the ordinance be narrowly tailored to achieve the governmental interest. Renton, 106 S.Ct. at 930. (b) Since 1985, the city of Spokane has been studying the issues attendant to adult entertainment facilities. In 1993, the city of Spokane enacted a comprehensive ordinance licensing, regulating and setting enforcement parameters for these facilities. Since that time the city of Spokane successfully defended many challenges to its adult arcade ordinance. In developing and implementing its program, the city of Spokane has worked with many cities, counties and law enforcement agencies around the country regarding the adverse secondary effects associated with adult entertainment facilities containing arcade booths and the best methods for addressing these secondary effects. Ordinances regulating arcade booths are narrowly tailored if they allow for reasonable alternative avenues of communication. Restrictions which require the booths be "open to an adjacent public room" are narrowly tailored so long as the regulation "promotes a substantial governmental interest that would be achieved less effectively absent the regulation." Mitchell v. Comm'n on Adult Entertainment Establishment, 10 F.3d 123, 137 (3rd Cir. 1993). Adult Entertainment v. Pierce County, 57 Wn. App. 435 (1990) (Arcade ordinance requiring doors be removed is justified by the fundamental purpose of preserving the public health and safety); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986) (Evidence submitted which indicated booths were used for masturbation, fondling, and fellatio by patrons on the premises of the store); Wall Distributors, Inc. v. Newport News, VA., 782 F.2d 1165 (4th Cir. 1986) (Ordinance reasonable because it will prevent masturbation and related unsanitary conditions which occur in the adult arcade setting); Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982) (Anticipated health and safety problems associated with adult arcade facility sufficient to justify ordinance). Many other cities and counties have experienced the same adverse secondary effects as those which were evident when the city of Spokane enacted its ordinance regulating and licensing adult arcade facilities. Much of the national legislative record detailing adverse secondary effects sterns from land use studies which examined the effects of adult entertainment establishments. Even though many of the land use studies conducted across the country and rejected in the caselaw resulted in zoning regulations, the record also details facilities rampant with criminal activity and other adverse secondary effects, even after dispersal or restrictive zoning has been put in place. So, although some jurisdictions have utilized zoning as a sole method of minimizing the adverse secondary effects of these businesses, Spokane County finds that zoning alone is not sufficient to control the adverse secondary effects which arise from the operation of such a facility. As such, the resolution codified in this chapter seeks to supplement the efforts of the county's resolution zoning adult entertainment establishments. The following suits provide an overview of the efforts and results in the city of Spokane regarding the adult arcade ordinance enacted in 1993. Book City, Inc. v. City of Spokane, Superior Court Cause No. 93- 06099 -2 (Constitutionality of ordinance upheld -- appeal pending); Book City, Inc. v. City of Spokane, Superior Court Cause No. 95- 2- 032987 -0 (Writ of Review upholding denial of license -- appeal pending); World Wide Video, et al. v. City of Spokane, Superior Court Cause No. 95 -2- 02795 -9 (Upholding constitutionality under state constitution, appeal pending); City of Spokane v. Book City & Walton, Municipal Court Cause No. P960034 (Successful prosecution of a corporation and an individual for hiring an underage dancer -- upheld on appeal); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) (Constitutionality of ordinance upheld under U.S. Constitution and finding no constitutional right to make a profit). Each action, the supporting documentation, and trial materials and testimony are contained in the legislative record and are herein incorporated by reference. It has been the experience of the city of Spokane that to be effective the facilities must adhere to all facets of the ordinance, must actively self- monitor, and must work closely with law and code enforcement personnel. To maximize the benefit of the city's education and experience in this area, and to supplement the county's resources to document the adverse secondary effects associated with adult entertainment facilities with arcades, Spokane County worked very closely with numerous city of Spokane departments to ensure the resolution codified in this chapter was responsive to the county's needs. A copy of the legislative record utilized by the city of Spokane in enacting its ordinance, as well as a copy of the transcript of the public hearing and a transcript of the testimony in Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996), are attached and incorporated as a part of this record. All other materials reviewed and relied upon, whether attached as copies or not, and entities /persons contacted are also incorporated as a part of this record. (c) Similarly, prior to the enactment of this chapter the county of Spokane worked closely with the city of Bellevue and other cities around the state in developing the portion of this resolution which seeks to license and regulate live adult entertainment establishments. Specifically, the legislative record of two such cities, the city of Bellevue, and the city of Federal Way, and the model "Proposed Senate Bill Regulating Live Adult Entertainment" are incorporated in Spokane County's legislative record in support of this resolution. The Spokane board of county commissioners, therefore, finds that the protection and the preservation of public health, safety and welfare requires enactment of this chapter. (Res. 97 -1052 Attachment A (§ 2), 1997) 7.80.020 Findings. (a) Based upon a wide range of evidence presented to the board and that presented in other jurisdictions to legislators and courts, including but not limited to the testimony of enforcement officers, members of the public, and based upon other evidence, information, publications, articles, studies, caselaw, and materials submitted to and /or reviewed by the board and staff, the board finds that the commercial offering of adult entertainment establishments containing live adult entertainment and/or arcade devices is a use which, although afforded some constitutional protection in the material or performance to be viewed, often creates or enhances undesirable secondary effects, which include a wide range of criminal and unlawful activities that are detrimental to the public health, safety and welfare of Spokane County, which have regularly and historically occurred within and around the adult entertainment facilities. These adverse secondary effects are well documented in the national record. The criminal activity complained of has included the following: narcotics and liquor law violations; breaches of the peace; assaults; criminal activity involving illegal contact between patrons and between entertainers and patrons; tax evasion; money laundering activity; sexually explicit conduct, acts of lewdness, and indecent exposure; prostitution, patronizing a prostitute, promotion of prostitution; sale, promotion, production, distribution, dissemination or display of obscenity or child pornography; soliciting, procuring, aiding and abetting, employing, authorizing, or causing a sexual performance by a minor; indecent conduct with a minor; communication with a minor for immoral purposes; sexual assault or rape; sexual solicitation, molestation or exploitation of a minor; contributing to the delinquency of a minor; maintaining a moral nuisance; having a minor on the premises of a commercial establishment where there are materials or performances depicting specified anatomical areas or activities. Adult entertainment facilities have engaged in practices which involve secreting ownership interests for the purpose of skimming profits and avoiding the payment of taxes in the absence of regulations such as those herein set forth. These hidden ownership interests have, on occasion, been held by individuals and entities reputed to be involved in organized crime. In order for the county to effectively protect the public safety and general welfare of its citizens and effectively allocate law enforcement resources, it is important that the county be fully apprised of the actual operation of adult entertainment establishments, and identities and backgrounds of persons responsible for management and control of the adult entertainment establishments. Sexually oriented businesses of this nature have historically produced adverse secondary effects that are often not controlled by the owners, operators, managers or personnel associated with the establishments. Such persons, and persons previously convicted of a specified criminal activity, have demonstrated an inability and /or unwillingness to maintain premises which are free from such adverse secondary effects. In some instances, employees have been sanctioned by management for not cleaning up after patrons' sexual contacts in the facilities. Used condoms are frequently present in adult arcade premises. Some adult arcade facilities sell sexual devices which are then used on the premises. Masturbation and other sexual contacts within the arcade stations or booths is a frequent occurrence in arcade facilities. Much of the national legislative record is also documented in case law which has developed in Washington State and around the nation. Ino Inc Inc. v. City of Bellevue, 132 Wn.2d 103 (1997) (Municipality's ordinance regulating and licensing live adult entertainment facility is constitutionally valid; courts have recognized government's substantial interest in curbing secondary effects of adult entertainment establishments.) The Supreme Court of the United States has recognized that cities and states have a substantial governmental interest in preserving the character of their neighborhoods, preventing the deterioration therein, and that this reasoning is sufficient support for regulating adult entertainment establishments. Renton v. Playtime Theater, Inc. 475 U.S. 41, 89 L.Ed.2d 29, 106 S.Ct 925 (1986). In Renton, the Supreme Court further expanded the ability of the legislative body to rely upon the experiences of other cities and the notion of °legislative notice" to satisfy the requirement that the ordinance be narrowly tailored to achieve the governmental interest. Renton, 106 S.Ct. at 930. (b) Since 1985, the city of Spokane has been studying the issues attendant to adult entertainment facilities. In 1993, the city of Spokane enacted a comprehensive ordinance licensing, regulating and setting enforcement parameters for these facilities. Since that time the city of Spokane successfully defended many challenges to its adult arcade ordinance. In developing and implementing its program, the city of Spokane has worked with many cities, counties and law enforcement agencies around the country regarding the adverse secondary effects associated with adult entertainment facilities containing arcade booths and the best methods for addressing these secondary effects. Ordinances regulating arcade booths are narrowly tailored if they allow for reasonable alternative avenues of communication. Restrictions which require the booths be "open to an adjacent public room" are narrowly tailored so long as the regulation "promotes a substantial governmental interest that would be achieved less effectively absent the regulation.' Mitchell v. Comm'n on Adult Entertainment Establishment, 10 F.3d 123, 137 (3rd Cir. 1993). Adult Entertainment v. Pierce County, 57 Wn. App. 435 (1990) (Arcade ordinance requiring doors be removed is justified by the fundamental purpose of preserving the public health and safety); Arcara v. Cloud Books, Inc., 478 U.S. 697 (1986) (Evidence submitted which indicated booths were used for masturbation, fondling, and fellatio by patrons on the premises of the store); Wall Distributors, Inc. v. Newport News, VA., 782 F.2d 1165 (4th Cir. 1986) (Ordinance reasonable because it will prevent masturbation and related unsanitary conditions which occur in the adult arcade setting); Ellwest Stereo Theatres, Inc. v. Wenner, 681 F.2d 1243 (9th Cir. 1982) (Anticipated health and safety problems associated with adult arcade facility sufficient to justify ordinance). Many other cities and counties have experienced the same adverse secondary effects as those which were evident when the city of Spokane enacted its ordinance regulating and licensing adult arcade facilities. Much of the national legislative record detailing adverse secondary effects sterns from land use studies which examined the effects of adult entertainment establishments. Even though many of the land use studies conducted across the country and rejected in the caselaw resulted in zoning regulations, the record also details facilities rampant with criminal activity and other adverse secondary effects, even after dispersal or restrictive zoning has been put in place. So, although some jurisdictions have utilized zoning as a sole method of minimizing the adverse secondary effects of these businesses, Spokane County finds that zoning alone is not sufficient to control the adverse secondary effects which arise from the operation of such a facility. As such, the resolution codified in this chapter seeks to supplement the efforts of the county's resolution zoning adult entertainment establishments. The following suits provide an overview of the efforts and results in the city of Spokane regarding the adult arcade ordinance enacted in 1993. Book City, Inc. v. City of Spokane, Superior Court Cause No. 93- 06099 -2 (Constitutionality of ordinance upheld -- appeal pending); Book City, Inc. v. City of Spokane, Superior Court Cause No. 95- 2- 032987 -0 (Writ of Review upholding denial of license -- appeal pending); World Wide Video, et al. v. City of Spokane, Superior Court Cause No. 95 -2- 02795-9 (Upholding constitutionality under state constitution, appeal pending); City of Spokane v. Book City & Walton, Municipal Court Cause No. P960034 (Successful prosecution of a corporation and an individual for hiring an underage dancer -- upheld on appeal); Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996) (Constitutionality of ordinance upheld under U.S. Constitution and finding no constitutional right to make a profit). Each action, the supporting documentation, and trial materials and testimony are contained in the legislative record and are herein incorporated by reference. It has been the experience of the city of Spokane that to be effective the facilities must adhere to all facets of the ordinance, must actively self- monitor, and must work closely with law and code enforcement personnel. To maximize the benefit of the city's education and experience in this area, and to supplement the county's resources to document the adverse secondary effects associated with adult entertainment facilities with arcades, Spokane County worked very closely with numerous city of Spokane departments to ensure the resolution codified in this chapter was responsive to the county's needs. A copy of the legislative record utilized by the city of Spokane in enacting its ordinance, as well as a copy of the transcript of the public hearing and a transcript of the testimony in Spokane Arcade, Inc. v. City of Spokane, 75 F.3d 663 (9th Cir. 1996), are attached and incorporated as a part of this record. All other materials reviewed and relied upon, whether attached as copies or not, and entities /persons contacted are also incorporated as a part of this record. (c) Similarly, prior to the enactment of this chapter the county of Spokane worked closely with the city of Bellevue and other cities around the state in developing the portion of this resolution which seeks to license and regulate live adult entertainment establishments. Specifically, the legislative record of two such cities, the city of Bellevue, and the city of Federal Way, and the model "Proposed Senate Bill Regulating Live Adult Entertainment" are incorporated in Spokane County's legislative record in support of this resolution. The Spokane board of county commissioners, therefore, finds that the protection and the preservation of public health, safety and welfare requires enactment of this chapter. (Res. 97 -1052 Attachment A (§ 2), 1997) 7.80.030 Purpose. In the development and adoption of this chapter, the county recognized that there are adult entertainment uses which, due to their very nature, have serious objectionable operational characteristics, particularly when located in close proximity to residential neighborhoods and schools, thereby having a deleterious impact upon the quality of life in the surrounding areas. It has been acknowledged by courts and communities across the nation that state and local governmental entities have a special concern in regulating the operation of such businesses under their jurisdiction to ensure the adverse secondary effects of the establishments are minimized. This chapter is intended to protect the general public health, safety and welfare of the citizenry of the unincorporated areas of Spokane County through the regulation of the operations and licensing of the adult entertainment devices, premises and personnel of adult entertainment establishments. The provisions of this chapter have neither the purpose nor effect of imposing a limitation or restriction on the content of any constitutionally protected sexually oriented or explicit communicative materials, or communicative performances. The regulations set forth herein are intended to prevent and control health, safety and welfare issues, the decline in neighborhood conditions in and around adult entertainment establishments, and to prevent dangerous and unlawful conduct associated with these facilities. This chapter may not be construed as permitting or promoting obscene conduct or materials. (Res. 97 -1052 Attachment A (§ 3), 1997) 7.80.040 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Adult arcade device," sometimes also known as'panoram,' "preview," "picture arcade," "adult arcade," or "peep show," means any device which, for payment of a fee, membership fee, or other charge, is used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting. All such devices are denominated under this chapter by the term "adult arcade device.' The term 'adult arcade device" as used in this chapter does not include other games which employ pictures, views, or video displays, or gambling devices which do not exhibit or display adult entertainment. "Adult arcade establishment' means a commercial premises to which a member of the public is invited or admitted and where adult arcade stations, booths, or devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of specified sexual activity, or live adult entertainment in a booth setting to a member of the public on a regular basis or as a substantial part of the premises activity. "Adult arcade station" or 'booth" means an enclosure where a patron, member, or customer would ordinarily be positioned while using an adult arcade device or viewing a live adult entertainment performance, exhibition, or dance in a booth. Adult arcade station or booth refers to the area in which an adult arcade device is located and from which the graphic picture, view, film, videotape, digital display of specified sexual activity, or live adult entertainment is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner, manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device or live adult entertainment, and not open to any person other than employees. ' Adult entertainment establishment" collectively refers to adult arcade establishments and live adult entertainment establishments, as defined herein. "Applicant" means the individual or entity seeking an adult entertainment establishment license. ' Applicant control person" means all partners, corporate officers and directors and other individuals in the applicant's business organization who hold a significant interest in the adult entertainment business, based on responsibility for management of the adult entertainment establishment. "Employee" means a person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. "Entertainer" means any person who provides live adult entertainment within an adult entertainment establishment as defined in this section, whether or not a fee is charged or accepted for entertainment. "Hearing examiner means the chief administrative officer of Spokane County or his/her designee. "Licensing administrator" means the director of the division of building and planning of Spokane County and his/her designee and is the person designated to administer this chapter. "Liquor" means all beverages defined in FICW Section 66.04.200. "Live adult entertainment" means: (1) An exhibition, performance or dance conducted in a commercial premises for a member of the public where the exhibition, performance, or dance involves a person who is nude or seminude. Adult entertainment shall include, but is not limited to performances commonly known as °strip tease "; (2) An exhibition, performance or dance conducted in a commercial premises where the exhibition, performance or dance is distinguished or characterized by a predominant emphasis on the depiction, description, simulation or relation to the following "specified sexual activities ": (A) Human genitals in a state of sexual stimulation or arousal, (B) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality, (C) Fondling or other erotic touching of human genitals, pubic region, buttocks, or female breasts; or (3) An exhibition, performance or dance that is intended to sexually stimulate a member of the public. This includes, but is not limited to, such an exhibition, performance, or dance performed for, arranged with, or engaged in with fewer than all members of the public on the premises at that time, whether conducted or viewed in an arcade booth or otherwise, with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that is commonly referred to as table dancing, couch dancing, taxi dancing, lap dancing, private dancing, or straddle dancing. 'Live adult entertainment establishment" means a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not include arcade booths or devices, to a member of the public on a regular basis or as a substantial part of the premises activity. "Manager" means a person who manages, directs, administers or is in charge of the affairs or conduct, or the affairs and conduct, or of a portion of the affairs or conduct occurring at an adult entertainment establishment. "Member of the public" means a customer, patron, club member, or person, other than an employee, who is invited or admitted to an adult entertainment establishment. "Nude" or °seminude means a state of complete or partial undress in such costume, attire or clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. The words "open to the public room so that the area inside is fully and completely visible to the manager° mean that there may be no door, curtain, partition, or other device extending from the top of the door frame of an arcade booth or station, with the exception of a door which is completely transparent and constructed of safety glass as specified in the Uniform Building Code, so that the activity and occupant inside the enclosure are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room. "Operator" means a person operating, conducting or maintaining an adult entertainment establishment. "Person" means an individual, partnership, corporation, trust, incorporated or unincorporated association, marital community, joint venture, governmental entity, or other entity or group of persons however organized. "Premises° means the land, structures, places, the equipment and appurtenances connected or used in any business, and any personal property or fixtures used in connection with any adult entertainment establishment. "Sexual conduct" means acts of: (1) Sexual intercourse within its ordinary meaning, occurring upon any penetration, however slight; or (2) A penetration of the vagina or anus, however slight, by an object; or (3) A contact between persons involving the sex organs of one person and the mouth or anus of another; or (4) Masturbation, manual or instrumental, of oneself or of one person by another; or (5) Touching of the sex organs, anus, or female breast, whether clothed or unclothed, of oneself or of one person by another. "Specified sexual activities" refers to the following: (1) Human genitals in a state of sexual stimulation or arousal; (2) Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (3) Fondling or other erotic touching of human genitals, pubic region, buttocks or female breasts. "Transfer of ownership or control" of an adult entertainment establishment means any of the following: (1) The sale, lease or sublease of the business; (2) The transfer of securities that constitute a controlling interest in the business, whether by sale, exchange, or similar means; (3) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or (4) Transfer by bequest or other operation of law upon the death of the person possessing the ownership or control. (Res. 97 -1052 Attachment A (§ 4), 1997) 7.80.050 License required. (a) A person may not conduct, manage or operate an adult entertainment establishment unless the person is the holder of a valid and subsisting license from Spokane County. (b) An entertainer, employee or manager may not knowingly work in or about, or knowingly perform a service or entertainment directly related to the operation of an unlicensed adult entertainment establishment. (c) An entertainer may not perform in an adult entertainment establishment unless the person is the holder of a valid and subsisting license from Spokane County. (d) A manager may not work in an adult entertainment establishment unless the person is the holder of a valid and subsisting license from Spokane County. (Res. 97 -1052 Attachment A (§ 5), 1997) 7.80.060 License prohibited to certain classes. No license shall be issued to: (a) A natural person who has not attained the age of twenty -one years, except that a license may be issued to a person who has attained the age of eighteen years with respect to adult entertainment establishments where no intoxicating liquors are served or provided; (b) A person whose place of business is conducted by a manager or agent, unless the manager or agent has obtained a manager's license; (c) A partnership, unless all the members of the partnership are qualified to obtain a license. The license shall be issued to the manager or agent of the partnership; (d) A corporation, unless all the officers and directors of the corporation are qualified to obtain a license. The license shall be issued to the manager or agent of the corporation. (Res. 97 -1052 Attachment A (§ 6), 1997) 7.80.070 Applications. (a) Adult Entertainment Establishment License. (1) An application for an adult entertainment establishment license must be submitted to the licensing administrator in the name of the person or entity proposing to conduct the adult entertainment establishment on the business premises and must be signed by the person and certified as true under penalty of perjury. An application must be submitted on a form supplied by the licensing administrator, which must require the following information: (A) For the applicant and for each applicant control person, provide: names, any aliases or previous names, driver's license number, if any, social security number if any, and business, mailing, and residential address, and business telephone number; (B) If a partnership, whether general or limited; and if a corporation, date and place of incorporation; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process; (C) Whether the applicant or a partner, corporate officer, or director of the applicant holds another license under this chapter or a license for similar adult entertainment or sexually oriented business, including a motion picture theater, or a panoram, from Spokane County, another city, county or state, and if so, the name and address of each other licensed business; (D) A summary of the business history of the applicant and applicant control persons in owning or operating the adult entertainment or other sexually oriented business providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended and the reason for the revocation or suspension; (E) For the applicant and all applicant control persons, all criminal convictions or forfeitures within five years immediately preceding the date of the application, other than parking offenses or minor traffic infractions including the dates of conviction, nature of the crime, name and location of court and disposition; (F) For the applicant and all applicant control persons, a description of business, occupation or employment history for the three years immediately preceding the date of the application; (G) Authorization for Spokane County, and its agents and employees to seek information to confirm any statements set forth in the application; (H) The location and doing- business -as name of the proposed adult entertainment establishment, including a legal description of the property, street address, and telephone number, together with the name and address of each owner and lessee of the property; (I) Two two -inch by two -inch photographs of the applicant and applicant control persons, taken within six months of the date of application showing only the full face; (J) A complete set of fingerprints for the applicant or each applicant control person, taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency; (K) A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the interior of the premises. Performance areas, seating areas, manager's office and stations, restrooms, arcade booths or devices, overhead lighting fixtures, and service areas shall be clearly marked on the drawing. An application for a license for an adult entertainment establishment must include building plans which demonstrate conformance with Spokane County building code requirements. Upon request, a prelicensing conference will be scheduled with the licensing administrator, or his/her designee and pertinent government departments to assist the applicant in meeting the regulations and provisions of this chapter, as well as the Spokane County Code. No alteration of the configuration of the interior of the adult entertainment establishment or enlargement of the floor space occupied by the premises may be made after obtaining a license, without the prior approval of the licensing administrator or the administrator's designee. Approval for such enlargement may only be granted if the premises and proposed enlargement first meet the qualifications and requirements of the Spokane County Code, or other applicable statutes or laws. (2) An application will be deemed complete upon the applicant's submission of all information requested in subsection (a) (1) of this section, including the identification or "none" where that is the correct response. The licensing administrator may request other information or clarification in addition to that provided in a complete application it necessary to determine compliance with this chapter. (3) A nonrefundable license fee must be paid at the time of filing an application in order to defray the costs of processing the application. (4) Each applicant shall verify, under penalty of perjury that the information contained in the application is true. (5) 11, subsequent to the issuance of an adult entertainment establishment license for a business, a person or entity acquires a significant interest based on responsibility for management or operation of the business, notice of such acquisition shall be provided in writing to the licensing administrator, no later than twenty -one calendar days following the acquisition. The notice required must include the information required for the original adult entertainment establishment license application. (6) The adult entertainment establishment license, if granted, must state on its face the name of the person or persons to whom it is issued, the expiration date, the doing - business-as name and the address of the licensed adult entertainment establishment. The license must be posted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read when the business is open. (7) A person granted an adult entertainment establishment license under this chapter may not operate the adult entertainment establishment under a name not specified on the license, nor may a person operate an adult entertainment establishment, or an adult entertainment device under a designation or at location not specified on the license_ (B) Upon receipt of the complete application and fee, the licensing administrator shall provide copies to the sheriff, fire, and building and planning departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall, within fifteen days of the date of such application, inspect the application and premises and shall make a written report to the licensing administrator whether such application and premises comply with the laws administered by each department. A license may not be issued unless each department reports that the applicant and premises comply with the relevant Taws_ It the premises is not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. An adult entertainment establishment license approved before the premises construction is undertaken must contain a condition that the premis may not open for business until the premises have been inspected and determined to be in conformance with the drawings submitted with the application. The sheriff, fire, and building and planning departments shall recommend denial of a license under the subsection if it finds that the proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other applicable law. The department shall cite in a recommendation for denial the specific reason for the recommendation, including applicable laws. (9) No adult entertainment establishment license may be issued to operate an adult entertainment establishment in a location which does not meet the requirements set forth in the Spokane County Zoning Code Sections 14.626.210(4) and 14.628.210(6) unless otherwise exempt. (10) The exterior design and /or signs of the adult entertainment establishment must meet the requirements set forth in the Spokane County Zoning Code Sections 14.804.040 and 14.804.120. (11) The licensing administrator shall issue an adult entertainment establishment license within thirty calendar days of the date of filing a complete license application and fee, unless the licensing administrator determines that the applicant has failed to meet any of the requirements of this chapter or provide any information required under this subsection or that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a license. The licensing administrator shall grant an extension of time in which to provide all information required for a complete license application upon the request of the applicant. (12) If the licensing administrator finds that the applicant has failed to meet any of the requirements for issuance of an adult entertainment establishment license, the licensing administrator shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the licensing administrator fails to issue or deny the license within thirty calendar days of the date of filing of a complete application and fee, the applicant shall be permitted, subject to all other applicable laws, to operate the business for which the license was sought until notification by the licensing administrator that the license has been denied, but in no event may the licensing administrator extend the applicant review time for more than an additional twenty days. (b) Adult Arcade Device License. In addition to the provisions set forth in subsection (a) of this section, the following conditions apply to adult arcade device license applicants: (1) It is unlawful to exhibit or display to the public any adult arcade device or device license upon any adult arcade establishment without first obtaining a license for each such device for a specified location or premises from Spokane County, to be designated an "adult arcade device license." (2) The adult arcade device license shall be securely attached to each such device, or the arcade booth, in a conspicuous place. (Res. 97 -1052 Attachment A (§ 7), 1997) 7.80.080 Adult entertainment establishment manager and entertainer licenses. (a) A person may not work as a manager, assistant manager or entertainer at an adult entertainment establishment without a manager's or an entertainer's license from the licensing administrator. An applicant for a manager's or entertainer's license must complete an application on forms provided by the licensing administrator containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The licensing administrator shall provide a copy of the application to the sheriff's department for its review, investigation and recommendation. An application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information: (1) The applicant's name, home address, home telephone number, date and place of birth, fingerprints taken by the sheriff's department (or such other entity as authorized by the sheriff's department or licensing administrator), social security number, and any stage names or nicknames used in entertaining; (2) The name and address of each establishment at which the applicant intends to work; (3) Documentation that the applicant has attained the age of eighteen years. Any two of the following are acceptable as documentation of age: (A) A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth, (B) A state- issued identification card bearing the applicant's photograph and date of birth, (C) An official passport issued by the United States of America, (D) An immigration card issued by the United States of America, or (E) Any other identification that the licensing administrator determines to be acceptable and reliable; (4) A complete statement of all convictions of the applicant for any misdemeanor or felony violations in the jurisdiction or any other city, county or state within five years immediately preceding the date of the application, except parking violations or minor traffic infractions; (5) A description of the applicant's principal activities or services to be rendered; (6) Two two -inch by two -inch color photographs of applicant, taken within six months of the date of application showing only the full face; (7) Authorization for Spokane County, its agents and employees to investigate and confirm any statements in the application. (b) Every entertainer shall provide his or her license to the adult entertainment establishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by Spokane County, its agents, and employees, at any time during business hours of the adult entertainment establishment. (c) The licensing administrator may request additional information or clarification when necessary to determine compliance with this chapter. (d) The contents of an application for an entertainer's license and any additional information submitted by an applicant for an entertainer's license are confidential and will remain confidential to the extent authorized by RCW Chapter 42.17. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes. (e) The licensing administrator shall issue an adult entertainment establishment manager's or entertainer's license within fourteen calendar days from the date the complete application and fee are received unless the licensing administrator determines that the applicant has failed to provide any information required to be supplied according to this chapter, has made any false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a license under this chapter. If the licensing administrator determines that the applicant does not qualify for the license applied for, the licensing administrator shall deny the application in writing and shall cite the specific reasons therefor, including applicable laws. (f) An applicant for an adult entertainment establishment manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Such temporary license shall automatically expire on the fourteenth calendar day following the filing of the complete license application and fee unless the licensing administrator has failed to approve or deny the license application in which case the temporary license shall be valid until the licensing administrator approves or denies the application, or until the final determination of any appeal from a denial of the application. In no event may the licensing administrator extend the application review time for more than an additional twenty calendar days. (Res. 97 -1052 Attachment A (§ 8), 1997) 7.80.090 Standards of conduct and operation of adult entertainment establishments and personnel. (a) All employees of an adult entertainment establishment must adhere to the following standards of conduct while in any area in which a member of the public is allowed to be present: (1) An employee may not be unclothed or in such Tess than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks, vulva or genitals, except upon a stage at least eighteen inches above the immediate floor level and removed at least eight feet from the nearest member of the public. (2) An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(1) of this section, nor may a male employee appear with his genitals in a discernibly turgid state, even if completely and opaquely covered or wear or use any device or covering that simulates the same. (3) An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola, vulva, genitals, anus, a portion of the public region, or buttocks. (4) An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle or erotically touch that employee. (5) An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that constitutes a violation of RCW Chapter 7.48A, the Washington moral nuisance statute, or any provision regulating offenses against public morals. (6) An employee mingling with a member of the public may not conduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance, performance or exhibition is performed at a distance of at least four feet from the member of the public for whom the dance, performance or exhibition is performed. The distance of four feet is measured from the torso of the dancer to the torso of the member of the public. (7) A tip or gratuity offered to or accepted by an entertainer may not be offered or accepted before any performance, dance or exhibition provided by the entertainer. An entertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or arcade device must be placed into a receptacle provided for receipt of gratuities by the management of the adult entertainment establishment or provided through a manager on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the live adult entertainment establishment must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer. (b) This chapter does not prohibit: (1) Plays, operas, musicals, or other dramatic works that are not obscene; (2) Classes, seminars and lectures which are held for serious scientific or educational purposes and which are not obscene; or (3) Exhibitions, performances, expressions or dances that are not obscene. The exemptions in subsection (b) of this section do not apply to sexual conduct defined in Section 7.80.040 of this chapter or the sexual conduct described in RCW Section 48A.010(2) (b) (ii) and (iii). Whether or not activity is obscene shall be judged by consideration of the standards set forth in RCW Section 7.48A.010(2). (c) At an adult entertainment establishment the following are required: (1) Admission must be restricted to persons of the age of eighteen years or older. An owner, operator, manager or other person in charge of the adult entertainment establishment may not knowingly permit or allow any person under the age of eighteen years to be in or upon the premises whether as an owner, operator, manager, patron, member, customer, agent, employee, independent contractor, or in any other capacity. This section is not intended to be used in a prosecution of a minor on or within an adult entertainment establishment. (2) Neither the performance, nor any photograph, drawing, sketch or other pictorial or graphic representation of the performance, displaying any portion of the breasts below the top of the areola or any portion of the pubic hair, buttocks, genitals, and /or anus may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment establishment. (3) A member of the public may not be permitted at any time to enter into any of the nonpublic portions of the adult entertainment establishment, that includes but is not limited to: the dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. However, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform the person's job duties. (4) Restrooms may not contain video reproduction equipment and /or adult arcade devices. (5) All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation opening cover may not be located more than one foot below the top of the booth walls or one foot from the bottom of booth walls. There may not be any other holes or openings between the booths. (6) No adult arcade booth or station may be occupied by more than one person at any time. (7) There must be permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade premises a sign stating substantially the following: OCCUPANCY OF ANY STATION OR BOOTH IS AT ALL TIMES LIMITED TO ONE PERSON. THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, BOOTHS, OR ON THE PREMISES, INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS, INDECENT EXPOSURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT, AS DEFINED HEREIN. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. Each sign must be conspicuously posted and not screened from the patron's view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height. (8) Doors to areas of the adult entertainment establishment which are available for use by persons other than the owner, manager, operator, or their agents or employees, may not be locked during business hours. (9) No person may operate or maintain any warning system or device, of any nature or kind, for the purpose of alerting, warning, or aiding and abetting the warning of any patrons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment establishment, that police officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises. (d) The responsibilities of the manager of an adult entertainment establishment shall include: (1) A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license. (2) The licensed manager on duty shall not be an entertainer. (3) The manager licensed under this chapter shall maintain visual observation from a manager's station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee, and each member of the public, a manager licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment establishment. All adult arcade stations or booths must open to the public room so that the area and occupant inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located at the main entrance way to the public room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult entertainment establishment. (4) The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all other employees shall comply with all requirements of this chapter. (Res. 97 -1052 Attachment A (§ 9), 1997) 7.30.100 Premises -- Specifications. (a) Live Adult Entertainment Establishment Premises. The performance area of the live adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least: eighteen inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all points of the performance area must be installed on the floor of the premises to separate the performance area and the public seating areas. The stage and the entire interior portion of cubicles, rooms or stalls wherein the live adult entertainrnent is provided must be visible from the common areas of the premises and from at least one manager's station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes, walls, merchandise, display racks or other obstructions. (h) Adult Arcade Entertainment Establishment Premises. All adult. arcade stations or booths must open to the public room so that the area and occupant. inside the booths are fully and completely visible by direct line of sight to the manager located at the manager's station which shall be located in the main entrance way to the publ.ic room containing the arcade stations or booths. No curtain, door, wall, merchandise, display rack, or other nontransparent enclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupant of the adult arcade station or booth, or the performance area. (c) Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas of the entertainment establishment so that all objects are plainly visible at all times. A minimum lighting level of thirty lux horizontal, measured at thirty inches from the floor and on ten -foot centers is required for all areas of the adult entertainment establishment where members of the public are permitted. (d) Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment establishment. stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY TFIE LAWS OF SPOKANE COUNTY. ENTERTAINERS ARE: A, NOT PERIVIITTED TO ENGAGE TN ANY TYPE OF SEXUAL CONDUCT_ B. .NOT OT P1 RM1 fED TO APPEAR SEMI -NUDE OR NUDE, EXCEPT ON STAGE, C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES S IN ADVANCE OF THEIR PERFORMANCE_ D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAG.E AREA OR TN ANY ARCADE STATION OR BOOTH. (e) Recordk.eeping } equiremenls. All papers, records and documents required to he kept pursuant to this chapter must be open to inspection by the licensing administrator during the hours when the licensed premises are open for business, upon two days' written notice to the licensee. An adult entertainment establishment shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including independent contractors and their employees. The purpose of the inspection shall be to determine whether the papers, records and documents meet the requirements of this chapter. (f) inspections. Prior to the issuance of a license, the applicant must be qualified according to the provisions of all applicable county ordinances, the laws of the United States and of the state of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the Uniform Building Code, and the Spokane County Zoning Code_ All premises and devices must he inspected prior to issuance of a license_ Upon request, the licensing administrator will schedule a preli.censing conference with ail pertinent county departments to assist the applicant in meeting the regulations and provisions of this chapter. In order to ensure compliance with this chapter all areas of a licensed adult entertainment establishment that are open to members of the public must be open to inspection by agents and employees of the jurisdiction during the hours when the premises are open for business. The purpose of such inspections must be to determine if the licensed premises are operated in accordance with the requirements of this ch peer, It is expressly declared that unannounced inspections of adult entertainment establishments are necessary to ensure compliance with this chapter. (g) Hours of Operation. An adult entertainment establishment may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m. (Res. 97 -1052 Attachment A (§ 10), 1.997) 7.80.120 Licensing compliance with other county ordinances. All required county approvals andfor licenses other than those specifically set forth herein are separate from the licensing process set forth in this chapter. The granting of any license or any approval pursuant to this chapter shall not be deemed to be an approval of any county license or requirement not specifically set forth in this chapter. (Res. 97 -1052 Attachment A (§ 12), 1997) 7.80.120 Licensing compliance with other county ordinances. All required county approvals and /or licenses other than those specifically set forth herein are separate from the licensing process set forth in this chapter. The granting of any license or any approval pursuant to this chapter shall not be deemed to be an approval of any county license or requirement not specifically set forth in this chapter. (Res. 97 -1052 Attachment A (§ 12), 1997) 7.80.130 License suspension and revocation -- Hearing. (a) The licensing administrator may, upon the recommendation of the sheriff, the sheriff's designee, or on its own determination, and as provided in subsection (b) of this section, suspend or revoke any license issued under the provisions of this chapter: (1) If the license was procured by fraud or false representation of fact; (2) For the violation of, or failure to comply with the provisions of this chapter by the licensee or by the licensee's servant, agent or employee when the licensee knew or should have known of the violations committed by the servant, agent or employee; (3) For the conviction of the licensee of a crime or offense involving prostitution, promoting prostitution, a liquor law violation or transaction involving controlled substances as defined in RCW Chapter 69.50, or a violation of RCW Chapter 9.68 or 9.68A committed on the premises, or the conviction of the licensee's servant, agent or employee of a crime or offense involving prostitution, promoting prostitution, liquor law violations or transactions involving controlled substances as defined in RCW Chapter 69.50, or a violation of RCW Chapter 6.68A committed on the premises in which his or her adult entertainment establishment is conducted when the licensee knew or should have known of the violations committed by the servant, agent or employee. A license may be suspended or revoked under this subsection only if the conviction occurred within twenty -four months of the date of the decision to suspend or revoke the license. (b) The licensing administrator shall revoke a license procured by fraud or misrepresentation. If another violation of this chapter or other applicable ordinance, statute or regulation is found, the license must be suspended for a period of thirty calendar days upon the first such violation, ninety days upon the second violation within a twenty -four- month period, and revoked for a third and subsequent violation within a twenty- four -month period, not including a period of suspension. A licensee whose license has been revoked is not eligible to re -apply for a license for a period of one year following the date the decision to revoke becomes final. (c) The licensing administrator shall provide at least ten calendar days prior written notice to the licensee of the decision to suspend or revoke the license stating the reasons for the decision to suspend or revoke. The notice must inform the licensee of the right to appeal the decision to the designated hearing examiner and must state the effective date of the suspension or revocation. (d) If the building official or fire department or the county health department find that a condition exists upon the premises of an adult entertainment establishment that constitutes a threat of immediate serious injury or damage to person or property, the official may immediately suspend any license issued under this chapter pending a hearing in accordance with subsection (c) of this section. The official shall issue a notice setting forth the basis for the action and the facts that constitute a threat of immediate serious injury or damage to persons or property, and informing the licensee of the right to appeal the suspension to the designated hearing body under the same appeal provisions set forth in Section 7.80.140. However, a suspension based on threat of immediate serious injury or damage may not be stayed during the pendency of the appeal. (Res. 97 -1052 Attachment A (§ 13), 1997) 7.80.140 Appeals. (a) Any applicant or licensee may appeal the decision of the licensing administrator refusing to issue or renew a license, or to suspend or revoke a license, under this chapter to the hearing examiner, by filing a written notice of appeal with the licensing administrator within ten calendar days of issuance of the notice of such action by the licensing administrator. The hearing examiner shall conduct the hearing within thirty calendar days following the filing of the notice of appeal of any decision refusing to issue or renew a license, or within forty -five calendar days following the filing of the notice of appeal of any decision to suspend or revoke a license. The hearing examiner shall provide at least fourteen calendar days written notice of hearing to the appellant and the sheriff's department. At the hearing, the appellant and other interested parties may be heard and submit evidence, subject to the rules of procedure adopted for the hearing examiner pursuant to county resolution. The hearing examiner shall render his/her decision in writing, supported by findings of fact and conclusions, within fifteen calendar days of the close of the appeal hearing. (b) Any person of record, including the Spokane County sheriff, aggrieved by the written decision of the hearing examiner rendered under subsection (a) of this section may file an appeal in writing with the board of county commissioners (board) within ten calendar days of the date of the written decision by the hearing examiner. All appeals shall be accompanied by a two - hundred- twenty -five- dollar appeal fee. Upon receipt of a written appeal and payment of the appeal fee, the appeal shall be forwarded to the hearing examiner. All written appeals shall be on a form available in the office of the board and shall include the following information: (1) The name and mailing address of the appellant, and the appellant's attorney, if any; (2) Identification of the hearing examiner, together with a copy of the decision of the hearing examiner being appealed; (3) Facts demonstrating that the appellant is both a party of record and a party aggrieved by the decision being appealed; (4) A separate and concise statement of each error alleged to have been committed; and (5) A concise statement of facts upon which the appellant relies to sustain the statement of error. (c) The board shall not consider any new facts or evidence on a matter appealed to them; provided, additional evidence regarding the following items shall be admissible: (1) Grounds for disqualification of the hearing examiner that made the decision, where such grounds were unknown by the appellant at the time the record was created; (2) Matters that were improperly excluded from the record after being offered by a party to the hearing before the examiner; and (3) Matters that were outside the jurisdiction of the examiner. The board may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record. (d) The appellant shall be required to pay all costs incurred by the hearing examiner in preparing the record for the hearing(s) held by the hearing examiner, and the cost of preparing six copies of such record as hereafter specified. Within three business days of the filing of the appeal with the board, the appellant shall pay a deposit of one hundred dollars to the office of hearing examiner as a condition precedent to the hearing examiner's preparation of such record and copies. Within three business days of being notified by the hearing examiner that the record has been prepared, the appellant shall reimburse the hearing examiner for the costs incurred by the hearing examiner in preparing such record and copies in excess of the deposit paid by the appellant, or shall be refunded any amount paid by the appellant in excess of such costs. The appeal may be dismissed by the board if the appellant fails to comply with subsection (a) or (b) of this section. (e) The hearing examiner shall cause preparation of a certified record of the hearing(s) before the examiner, including a verbatim transcript of the hearing(s) and a copy of all documents in the record, within fourteen working days of receiving the one - hundred - dollar deposit for the same. If the hearing examiner, the appellant and other parties of record agree, or upon order of the board, the verbatim transcript and documents in the record may be shortened or summarized to avoid reproduction and transcription of portions of the record that are duplicative or irrelevant to the issues to be reviewed by the board. The hearing examiner shall also prepare within such fourteen -day period a total of six copies of the official certified record, including one for each board member, one for the appellant, one for the prosecuting attorney's office and one for the county sheriff. Upon completion of the certified record and required copies, and payment of the costs owing for the same by the appellant, the hearing examiner shall promptly forward the certified record to the clerk of the board, and provide copies of the record to those entitled. Other parties of record may obtain copies of the record for the cost of reproduction. (f) At the next regular meeting of the board following receipt of the certified record from the hearing examiner, the board shall schedule a date at which it shall consider the appeal. Such date shall not be earlier than thirty -five days from the board's receipt of the certified record. Notice of the meeting at which the board will set the date of the hearing need not be provided by the board to the appellant or other parties of record. The appellant or other parties of record may address the matter of setting an appeal date either by appearing in person at the meeting or by filing a letter with the board prior to the meeting. Upon the board setting a date for consideration of the appeal, the clerk of the board shall give notice of the time, place and date of such consideration to all parties of record by mailing notice to such parties at their addresses contained in the record or filed with the board. (g) The appellant and any other party of record may file a memorandum in support of the appeal with the clerk of the board, provided it is filed no later than twelve p.m. on the second Friday preceding the date set for consideration of the appeal. The respondent and any other party of record may file a response memorandum with the clerk of the board, provided it is filed by twelve p.m. on the Friday immediately preceding the date for consideration of the appeal. The memorandums filed shall not contain any new facts or evidence or discuss any matter outside the record, except as provided in subsection (c) of this section. Any memorandum containing information in violation of this subsection will either be stricken or have such information stricken from the memorandum by the board and not considered. (h) All parties of record desiring to make oral argument to the board have the obligation to communicate with other parties of record to align themselves either in support of or in opposition to the appeal, and shall attempt to reach agreement for the selection of a common speaker or to allocate the time allowed between them. The board, acting through its chair, will allow the appellant and other parties of record in support of the appeal up to thirty minutes to make oral argument in support of the appeal, answer questions by the board and rebut the arguments of those opposed to the appeal. Following the argument(s) in support of the appeal, the chair will allow the respondent(s) up to twenty minutes to make argument, respond to the questions from the board and rebut the arguments of those in favor of the appeal. This subsection authorizes the presentation of argument only, to persuade the board that a particular conclusion follows logically from the law or evidence in the record, and that the record or the law does not support the findings or decision of the hearing examiner, but does not authorize the presentation of any new evidence or facts. (i) The board shall review the record and such supplemental evidence as permitted under subsection (c) of this section. The board may reverse, modify or remand the decision of the hearing examiner only if the appellant has met the burden of establishing one of the following standards for relief: (1) The hearing examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; (2) The hearing examiner's decision is an erroneous interpretation of the law, after allowing for such deference as is due the construction of the law by a local jurisdiction with expertise; (3) The hearing examiner's decision is not supported by evidence that is substantial when viewed in Tight of the entire record; (4) The hearing examiner's decision is a clearly erroneous application of the law to the facts; or (5) The hearing examiner's decision is outside the authority or jurisdiction of the examiner. The board may also remand the hearing examiner's decision for further proceedings if the appellant seeks to enter information outside the record that was not previously available for reasons beyond the control of that party, and such information if admitted would more than likely affect the outcome of the appeal. If the board reverses, modifies or remands the decision of the hearing examiner, it shall set forth in its written order its findings and conclusions justifying such action. (j) The clerk of the board shall mail a copy of the board's written decision to the appellant and other parties of record before the board, which decision shall include a statement regarding appeal rights. Any party of record before the board aggrieved by the board's decision may appeal such decision to the superior court by filing a writ of certiorari, prohibition or mandamus pursuant to RCW 7.16 et seq. within twenty days of the date the decision by the board was mailed to the appellant. (k) The decision by the licensing administrator, hearing examiner or the board to deny the renewal of a license, upholding the denial of a license, suspending or revoking a license, or upholding the suspension or renewal of a license must be stayed during the pendency of an appeal pursuant to RCW 7.16 et seq., except as provided in subsection (d) of Section 7.80.130. (Res. 97 -1052 Attachment A (§ 14), 1997) .80.150 Notices. (a) Any notice required or permitted to be given by the licensing administrator, hearing examiner, or any other county office, division, department, or other agency under this chapter to any applicant, licensee, operator, owner, or manager of an adult entertainment facility or arcade device shall be given, either by personal delivery or by certified United States mail, postage prepaid, return receipt requested, addressed to the most recent address as specified in the application for the license, or transfer application which has been received by the licensing administrator, or any notice of address change which has been received by the licensing administrator. Notices mailed as above shall be deemed given upon their deposit in the United States mail. In the event that any notice given by mail is returned by the postal service, the licensing administrator or his /her designee shall cause it to be posted at the principal entrance to the establishment. (b) Any notice required or permitted to be given to the licensing administrator or hearing examiner by any person under this chapter shall not be deemed given until and unless it is received in the respective office. (Res. 97 -1052 Attachment A (§ 15), 1997) 7.80.160 Liquor regulations. Any license issued under this chapter shall be subject to rules of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the applicable rules of the Washington State Liquor Control Board, the rules of the Washington State Liquor Control Board shall govern. (Res. 97 -1052 Attachment A (§ 16), 1997) 7.80.170 Violation a misdemeanor. A person violating this chapter is guilty of a misdemeanor. Any person violating any of the provisions in this chapter shalt be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed, continued, authorized, or permitted; provided, no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request or order of the sheriff or duly appointed agent thereof. (Res. 97 -1052 Attachment A (§ 17), 1997) 7.80.180 Code violations and enforcement. The remedies provided herein for violations of or failure to comply with provisions of this chapter, whether civil or criminal, are cumulative and in addition to any other remedy provided by law. (Res. 97 -1052 Attachment A (§ 18), 1 997) 7.80.190 Conflicting sections or provisions. In the event there is a conflict or inconsistency between the sections and provisions set forth in this chapter and those set forth elsewhere in the County Code, the sections and provisions of this chapter govern and supersede those set forth elsewhere_ (Res. 97 -1052 Attachment A (§ 19), 1997) 7.80.200 Time frame for compliance of nonconforming adult entertainment establishments. Any adult entertainment establishment lawfully operating on the effective date of this chapter that is in violation of the configuration or operational requirements of this chapter is a nonconforming use. The nonconforming use is permitted to continue for a period not to exceed ninety calendar days, unless sooner terminated for any reason or voluntarily discontinued for a period of thirty calendar days or more. Such nonconforming uses may not be increased, enlarged, extended or altered except that the use may be changed to a conforming use pursuant to the procedures set forth in this chapter. (Res. 97 -1052 Attachment A (§ 20), 19971 7.80.210 Chapter not intended towards particular group or class. (a) tt is the purpose of this chapter to provide for and promote the health, safety and welfare of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter. {b} Nothing contained in this chapter is intended or shall be construed to create or form the basis for any liability on the part of the county or its officers, employees, or agents for any injury or damage; (1 ) Resulting from the failure of any owner, operator, manager, or other person in the adult entertainment establishment to comply with the provisions of this chapter; (2) By reason or in consequence of any inspection, notice, order, certificate, permission, or approval authorized or issued or done in connection with the implementation or enforcement pursuant to this chapter; or (3) By reason of any action or inaction on the part of the county related in any manner to the implementation or enforcement of this chapter by its officers, employees or agents. (Res. 97 -1052 Attachment A (§ 7), 1997) 7.80.220 Liberal construction. This chapter shall be deemed to be an exercise or the porice power of Spokane County to preserve the public health, safety and welfare, and its provisions shall be liberally construed for the accomplishment of that purpose. (Res. 97 -1052 Attachment A (§ 22 (part)), 1997} 7.80.230 Moral nuisance. An adult entertainment establishment operated, conducted or maintained contrary to the provisions of R W C hapter 7.48, Moral Nuisance, is unla wful and a public and moral nuisance and the prosecuting attorney may, in addition to or in lieu of any other remedies in this chapter, commence an action or actions, to abate, remove and enjoin the public and moral nuisance, or impose a civil penally, in the manner provided by FICW Chapter 7.48A. (Res. 97 -1052 Attachment A (§ 22 {part}), 1997} 7.80.240 Additional enforcement. The remedies found in this chapter are not exclusive, and the county may seek any other legal or equitable relief, including but not limited to enjoining an act or practice that constitutes or will constitute a violation of the provisions in this chapter. (Res. 97-1052 Attachment A (§ 24), 1997) 7.80.250 Severability. If any portion of this chapter, or its application to any person or circumstances, is held invalid, the validity of the chapter as a whole, or any other portion thereof, or the application of the provision to other persons or circumstances is not affected_ (Res_ 97- 1052 Attachment A (§ 25), 7997) APPROVED FOR CO • ' .L PACKET: i p 4M City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim Planning Director SOURCE OF FUNDS: General Fund AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -037 DATE ACTION iS TITLE: Planning Commission TYPE OF ACTION: REQUESTED: 2/11/03 Ordinance ATTACHMENTS: Ordinance #35 X Ordinance Resolution Motion Other STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Move to advance ordinance to second reading and adoption. DISCUSSION: The ordinance creates a 7-member Planning Commission with 3 year staggered terms, all of whom must live within the City. The Commission makes recommendation to the Council concerning the comprehensive plan, development regulations, shoreline management, environmental protection, capital improvements, and other matters as directed by the Council. ALTERiNATiVES: To not adopt the ordinance and to direct the City Attorney to drat' an alternative ordinance which may deal with issues such as the number of Commissioners, the residency requirements, or whether or not the City would have a Commission, in which case the Council may act as the Commission. FISCAL IMPACT: Only a minor fiscal impact related to travel and subsistence related to official duties. P:\ email attachmenislordinancc No. 35, planning commission.doc CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 35 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, CREATING A PLANNING COMMISSION AND ESTABLISHING THE DUTIES THEREOF. WHEREAS, the City of Spokane Valley is a non - charter code city authorized to create a Planning Conunission which will serve in an advisory capacity to the City Council; WHEREAS, the City will adopt a Comprehensive Plan and Development Regulations to guide the reasonable and orderly development of the City; WHEREAS, the City Council wishes to respond to the expressed concerns of citizens that immediately after incorporation the City begin a comprehensive planning process and review of development regulations; and WHEREAS, the City of Spokane Valley desires to encourage citizen input into the planning process by establishing a Planning Commission which will study, receive public input and recommend a Comprehensive Plan and Development Regulations to the City Council for review and adoption. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Establishment and Purpose. There is created the City of Spokane Valley Planning Commission. The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. Section 2. Membership. 1. Qualiications: The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City of Spokane Valley. 2. Appointment: Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four (4) members of the City Council. Planning Commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor, when considering appointments, shall attempt to select residents that represent various interests and locations within the City. 3. Number of Members/Terms: The Planning Commission shall consist of seven (7) members. All members shall reside within the City of Spokane Valley. The terms for the initial Commissioners shall be two (2) one (1) year terns, two (2) two (2) year terms and three (3) three (3) year terms. The initial members and their terms shall be decided by the Mayor and confirmed by the City Council. Subsequent terms shall be for a three (3) year period. Terms shall expire on the thirty -first day of December. 4. Removal. Members of the Commission may be removed by the Mayor, with the concurrence of the City Council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three (3) consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the City Council regarding membership on the Planning Commission shall be final and without appeal. 5. Vacancies. Vacancies occurring other than through the expiration of tennis shall be filled for the unexpired term in the same manner as for appointments 6. Conflicts of Interest. Members of the Planning Comnmission shall fully comply with RCW 42.23, Code of Ethics for Municipal Officers, RCW 42.36, Appearance of Fairness, and such other rules and regulations as may be adopted from time to time by the City Council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the Planning Conunission. Section 3. Meetings — Rules. 1. The Planning Conunission shall every second year organize and elect from its members a Chair, who shall preside at all meetings of the Commission and perform such other functions as determined by rule. A Vice -Chair shall be elected to preside in the absence of the Chair. A majority of the Commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. 2. The Conunission shall determine a regular meeting schedule (time, place and frequency) and shall meet, at least, one time every month. All meetings shall be open to the public. 3. The Commission shall adopt such rules and regulations as are necessary for the conduct of business and shall keep a taped record of its proceedings. Section 4. Staff Support. Administrative staff support to the Planning Commission shall be provided by the City Planning and Community Development Department. In addition, the Commission, through its Chair may request formal opinions or memorandums from the City Attorney or Planning and Community Development Director on any pending matter. Section 5. Duties and Responsibilities. The Planning Commission, as an advisory body to the City Council, shall perform and have the following duties and responsibilities: 1. Assist in the preparation of a Comprehensive Plan and Development Regulations in compliance with RCW 36.70A and 35A.63 including the establishment of procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the Development Regulations; 2. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; 3. Upon request from the City Manager or City Council, review P:kmail auachmcnislordinance No. 35, planning commission.doc potential annexations to the City; 4. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; 5. Identify issues and recommend priorities for geographic sub -areas including park and open space areas in the City; 6. Meet and confer with the Hearing Examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; 7. Make periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City; 8. Hold public hearings in the exercise of duties and responsibilities; 9. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the City Council. Unless otherwise assumed by the City Council, the Planning Commission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. 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 five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller P:kmail attachments&Ordinancc No. 35, planning commission.doc Mayor, Michael DeVleming Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Ptlemnil attachmentslOrdinancc No. 35, planning commission.doc DATE ACTION IS REQUESTED: February 11, 2003 Attorney Approve As To Form SUBMITTED BY: Interim Public Works Director FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -038 TITLE: Amend Ordinance No. TYPE OF ACTION: 31, Stormwater Utility X Ordinance APPROVED FOR COUNC PACKET: ATTACHMENTS: Resolution Ordinance No. 31 -A1 Manager Motion Dept. Head 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. 31 -Al. Amending Ordinance No. 31. DISCUSSION: As we reviewed the section relating to utility charges, it was noted that several words clarifying application of the utility charges were not included in Section 4. This ordinance amends Section 4 to assure that these charges are consistent with the intent of the City. Wording contained in the original section would require that City staff measure each property in the City for square footage of impervious surface. ALTERNATIVES: Do not amend Section 4 of Ordinance No. 31, and expend City resources to determine impervious surface on all properties in the City. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 31 -Al AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING ORDINANCE NO. 3.1. WHEREAS, for the purpose of clarifying language set forth in Ordinance No. 31, it is necessary to modify the same; and WHEREAS, this amendment does not result in a substantive change to Ordinance No. 31. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Amendment. Section 4 of Ordinance No. 31 is hereby amended as follows: Section 4. Utility Charge. There is hereby imposed upon every developed parcel of property within the City a storm and surface water utility annual charge of 510.00 for each single family unit and $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 Resolution 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 2. 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 February, 2003. Interim City Clerk, Ruth Muller P_lOrdinanceslOrdinance h'o. 31 -A1, stormwater utility anicnd.doc Mayor, Michael DeVleming Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: P:101(1 inners \ Ordinance No. 3 t -A I, stormwriter utility tuttend.doc CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -039 DATE ACTION IS REQUESTED: February 11, 2003 APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim Finance Director ALTERNATIVES: None FISCAL IMPACT: SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: TITLE: Interim budget from Jan 1 to Mar 31, 2003 ATTACHMENTS: (1) Notice of Public Hearing (2) Ordinance No. 37 (3) Proposed Budget 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. 37 Adopting a Budget for the Period January 1, 2003 through March 31, 2003; Appropriation of Funds and Establishing Positions and Salary Schedule. DISCUSSION: State RCW 35.02.132 requires a newly incorporated city to develop an interim budget in consultation with the state auditor for the period between January 1 and the official date of incorporation. A proposed interim budget for the period Jan 1 through March 31, 2003 has been developed by the Finance Department and reviewed by the Finance Committee, with the attached proposed budget recommended for approval. A public hearing is scheduled for citizen input on this proposed budget at the Feb. 11, 2003 council meeting. ORDINANCE NO. 37 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2003 THROUGH MARCH 31, 2003; APPROPRIATION OF FUNDS AND ESTABLISHING POSITIONS AND SALARY SCHEDULE. WHEREAS, RCW 35.02.132 requires the City Council to adopt an "Interim Budget" for the period of operation prior to incorporation; AND WHEREAS, an "Interim Budget" was submitted to the City Council and the Interim City Clerk on February 7, 2003; AND WHEREAS, the City Council scheduled a public hearing on the proposed interim start -up budget on February 11, 2003; NOW THEREFORE the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Funds Appropriated. The "Interim Budget" for the period January 1, 2003 through March 31, 2003, is appropriated by fund as follows: BUDGET BUDGET FUND EXPENDITURE REVENUE General Fund $1,201,834 Street Fund 140,870 County /City Loan Fund 1,050,000 Tax Anticipation Note Fund 292.704 TOTAL BUDGET 51,342,704 $1,342,704 Section 2. Positions and Salary Schedule. The various positions and salaries for the interim City Manager, Interim Department Directors, and interim clerical personnel are attached to this ordinance as Appendix "A ". Section 3. Transmittal. A complete copy of the "Interim Budget" as adopted, together with a copy of this adopting ordinance, shall be transmitted by the Interim City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption Ordinance No.37 Int. Budget, Jun 1-Mar 31,2003 1 shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Effective. Date and Publication. This ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a suirnnary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Ordinance No37 , Int. Budget, Jan 1-Mar 31,2003 Mayor, Michael DeVleming 7 Position Per Hour General Government *Project Manager $ 125 City Manager $ 56 *Interim City Manager $ 85 Finance $ 56 *Interim Finance Director $ 70 Interim Accounting Manager $ 56 Interim Accounting Clerk $ 28 Legal $ 56 Contract City Attorney $ 140 Administrative Services *Interim Deputy City Manager $ 83 *Interim City Clerk $ 56 Interim Contract Consultant $ 85 *Interim Human Resources Specialist $ 63 Interim Administrative Asst. $ 21 Interim Office Assistant 1 (2) $ 21 Interim Engineering Technician $ 28 Position Per Hour Community Development *Interim Comm Devel Director $ 70 *Interim Long Range Planning Mgr $ 56 Interim Long Range Planner $ 42 Interim Current Planning Manager $ 56 Interim Planner $ 42 • Interim Planning Technician $ 28 Interim Building Official $ 70 Interim Senior Building Inspector $ 56 Interim Permit Technician $ 28 Parks & Recreation *Interim Parks & Recreation Consultant $ 70 Interim Recreation Coordinator $ 35 Street Fund *Interim Public Works Director $ 70 *Interim Public Works Supervisor $ 56 Interim Public Works Specialist $ 58 Interim Engineering Technician $ 28 Attachment A, Budget Ord. PROFESSIONAL SERVICES FEES Professional fees for providing management services to the City of Spokane Valley are listed below. All costs incurred during the project are the responcibility of the City. Expense items include but are not limited to: Facsimile and delivery expenses. Printing of documents and materials. Travel expenses and related costs for the Project Manager & Contracts Manager. Travel expenses for interim team members excluding interim team travel to and from home. The individuals whose name is preceded by an asterisk shall receive a monthly stipend for housing of $600 per month. The monthly stipend will be pro -rated per week. Other associated miscellaneous costs Mileage reimbursement of $.35 per mile. Parts/Recreation Bill Hillainpiller _I Parks & Rec. Coordinator Shelly Goss pioxorporl Building Official Bob Ely Sr. Buiteitti --I inspector Feb 170 Peri= Technician • i Feb 170t City of Spokane Valley Interim Staffing Organization Chart L Planning Director Jim Harris _I Long Range Planning Mgr Greg McCormick d Current Mil anla° Manager Kim Lyonnais _ . . PMmmr Jan 27th • Renner Jan 20th • Planning Technician Feb10th Citizens City Cotincil L Interim Chy Manager Lee Walton F Publin Warks !Director Dick Warren PW Specialist I Dennis Scott vn) PW Supetintondent. 1 Mac McDonald Technician ' Jan 27th [ 'Finance Director Bob Roach Accouatanting Manager Dan Canis ---I Technician City Clerk Ruth Muller Office Assistant .1 • Fob 10th Office Assistant I Mary Basfingon OnIce Assistant I Kai in Bosworth Office Assistant I Susan Larson to Attachment A Ordinance Deputy City Manager Stan McNutt Con ract Cons sltant • Bub Jean Mr) Contracts Coeidinatorilir Specialist Dion Morrison Page 1 PUBLIC HEARING NOTICE NOTICE IS HEREBY GIVEN THAT THE SPOKANE VALLEY CITY COUNCIL WILL HOLD A PUBLIC HEARING DURING THE REGULAR COUNCIL MEETING ON TUESDAY, FE.BR.UARY 11, 2004 BEGINNING AT 6:00 P.M. IN THE COUNCIL CHAMBERS LOCATED AT REDWOOD PLAZA, 11707 EAST SPRAGUE AVENUE, SUITE 101. THE PURPOSE OF THIS PUBLIC HEARING IS TO RECEIVE CITIZEN INPUT ON THE PROPOSED INTERIM BUDGET FOR THE PERIOD JANUARY 1, 2003 TO MARCH 31, 2003. COPIES OF THE PROPOSED INTERIM BUDGET WILL BE AVAILABLE, FRIDAY, FEBRUARY 7, 2003 AT CITY HALL, 11707 EAST SPRAGUE AVENUE, SUITE 106. ANY PERSON MAY SUBMIT WRITTEN COMMENTS ON THE PROPOSED INTERIM BUDGET, OR MAY SPEAK AT THE PUBLIC HEARING. RUTH MULLER INTERIM CITY CLERK CITY OF SPOKANE VALLEY 2003 INTERIM BUDGET JANUARY 1ST MARCH 31 K.W. NOACK Interim Finance Director (Dated February 3' 2003) City of Spokane Valley Interim Budget January 1 --- March 31, 2003 Transmittal Letter 1 Budget Highlights 2 - Organizational Chart and List of Officials 4 - 5 Budget Ordinance • 6 - 7 Revenue & Expenditure Summaries 8 — 12 General Fund City Council 13 City Manager 15 Finance 17 Legal 19 Administrative Services 21 Community Development 23 Parks & Recreation 25 General Government 27 Street Fund 29 Tax Anticipation Note Fund 31 County/ City Loan Fund Interim Employees Salary Schedule TO: The Citizens of Spokane Valley and City Council Members SUBJECT: 2003 Interim Budget - January 1st thru March 31 The City of Spokane Valley 11707 E. Sprague, Suite 106 - Spokane Valley, WA 99206 January 1, 2003 2003 BUDGET OVERVIEW INTERIM BUDGET: The City Council of a newly incorporated city must adopt an interim budget for the interval timeframe as required by RCW 35.02.132. This interval period is defined as that period from the date the newly elected officials receive their oath of office to the selected date of incorporation. For the City of Spokane Valley this is the period of November 20, 2002 to March 31, 2003. This document contains the City of Spokane Valley's interim budget for January 1, 2003 to March 31, 2003. BUDGET PROCESS: The interim council of a new city must adopt an interim budget for the interim period. if the interim period extends into a new calendar year, it must adopt a second interim budget; the first would extend from the beginning of the interim period to January 1 and the second would extend from January 1 to the official incorporation date. RCW 35.02.132. The only statutory guidance with respect to creation of the interim budget or budgets is as follows: "These interim budgets shall be adopted in consultation with the state auditor." Id. There are no state auditor guidelines for development of the interim budget. The interim council should contact the state auditor's office soon after taking office in order to develop an interim budget in a timely matter.' ADOPTON OF THE INTERIM BUDGET: Prior to adoption the City Council may make any adjustments and/or changes to the proposed interim budget as deemed necessary. The Council would then adopt the final interim budget by ordinance to become et'ective upon passage. Revision of the adopted interim budget can only be accomplished by the ordinance process. The New City Guide, Municipal Research K Services Center of Washington, February 2002, Report No. 54, pp 34. 1 'BUDGET 11I HLl l•ITS The 2003 budget defines the level 'of set -up seivice'developecl for the period from January 1 through March 31, 2003 based upon the incorporation feasibility study, as well as policy direction we have received from the Council_ Our goal with the interim budget document is to present the information in. a user-friendly format, one that can explain the di flferent funds and cost centers. The majority of the money required to operate the City in this initial stage wines from borrowing we will not begin to recei ve revenues of any critical mass until the hist day of June, The City of Spokane Valley received a $1,000.000 lean from Spokane County and a $50,000 loan ITom the City of Liberty Lake. Also, the City Council authorized borrowing up to $1,000,000 in a line of credit from Farmers & NMerclxants Bank_ Many of the services we will provide will be through contracts with Spokane County. These contracts, many of which will expire in December 2004, are non - exclusive so that we may analyze our needs more closely and perhaps explore other vendor sources that could provide services_ Land use and building permit services will be done by the City after incorporation. The 2003 interim budget includes hiring staff and consultants to accept and review permits_ We believe the quantity of building permit activity in Spokane Valley is sufficient to require hiring staff for building peanut purposes. Code enforcement is.an issue that is being 'negotiated with Spokane County. "here are fluids in the omnnunity Development cost center to begin a community- generated comprehensive plan process, ASSUMPTI.ON.S: The Spokane Valley incorporation study, elated July 10, 2001 and updated ins .December 2001, was prepared by a local incorporation study team for the.l3oundary Review Boa, of Spokane County.. • The City population is 80,693. ■ City assessed value is $3,769,699,869 as forecasted in the feasibility study. ■ All expenditures were developed with the assistance of the Spokane Valley Incorporation, Study dated 'December 2001. ■ The enclosed budget document reflects the expenditure by category within each department on a monthly basis with a total through March 31 # ` or that period prior to incorporation. • The interim budget includes . a proposed organizational chart and summary expenditure totals for fund and cost centers. ■ The individual cost centers have salaries and wages expense estimates based upon contract employees_ • The road tax. levy receipts will be available beginning May, this revenue must be deposited and recorded in the Street Fund and may be loaned to the General Fund. 2 SUMMA RY The Finance Department will begin the development of the City of Spokane Valley budget for the balance of the year 2003 imrnediately after the adoption of the interim budget. This budget will include projected revenues and expenditures for the period April 1. through December 31, 2003 for all services to be provided by the new city. We thank the Citizens of Spokane Valley. who have enthusiastically supported the incorporation through volunteering their time, talents, and their treasures. Thanks also to those individuals who loaned or donated supplies and furniture. We can build upon the sold foundation that numerous volunteers helped establish. Our task is to ensure we operate the City in a responsible, businesslike manner that the citizens can support in future years. We also have the responsibility to be good neighbors within the region and pursue .excellence in intergovernmental relations, recognizing that our citizens deserve our dedicated representation for them on issues of regional importance. We thank the City Council for their understanding and guidance as we move through the requirements for incorporation. We appreciate both the amount of time you have devoted to studying the issues that face this new city and your decisiveness in determining the course of action that will best serve the community. We thank the Council Members who have served on the Finance' Committee for their assistance and support in developing this interim budget. Thanks also to the interim staff whose assistance is greatly appreciated in developing the City of Spokane Valley interim Budget. Res • Retail sales tax revenues will not be received until the end of June 2003. • State - shared revenue based on our assumed population of 80,693 will be received at the end of June 2003. • A line of credit for $1,000,000 from Farmers and Merchants bank is available. • During February and March budget estimates for revenues and expenditures will be prepared for presentation to the Council. • This Interim Budget is a working document and should be reviewed and revised, if necessary, prior.to adoption. S ubmitted, . ` Robert * 'Noack Interim Finance Director Finance Director 3 Citizens UDUEE Pa rks/Rouoation Bill Hutsinpi2er pitorynr) Building Official Bab Ely — Parks & Rec. Sr. Bt f Lng Coordinator y inspector Shelly Goss Feb 17111 — Technician l _ _ Feb 17th _ City of Spokane Valley Interim Staffing Organization Chart Planting Director Jim Harris Long Range Planning Mgr Greg McCormick H Currant Planning Marutgcr Kim Lyonnais Planner t Jan 27M _J Hamner Jan 20th — _I Planning ' Technician j Febloth Interim City Manager Lee Walton Public lA4orks Director Dick Warren PW Specialist Dennis Scott (ern 4 Finance Director Bob Noack Accountanting Manager Dan Coals Pw r•— •— •—._._• Accountant Superintendent. —I Technician Mac McDonald I _ Jon tith. _ . nr„ine erir; Techrrjcfen - j _ Jan 27th _ 1 City Clerk Ruth Muller Otimo Assistant f Feb I Qth Office Assistant I Mary Bastingon Offie Assistacnt I Karin Bost•orth Assistant —I Office I Susan Larson Ordinance Deputy City Manager Stan McNutt Contract Consultant • Bob Jean tprr) Contracts CoordlnatorlHr Specialist Don Morrison Page 1 CITY OF SPOKANE VALLEY City Council Members Michael DeVleming, Mayor Position #3 • Diana Wilhite, Deputy Mayor Position 111 Steve Taylor Position 112 Gary Schimmels Position 114 Richard Munson Position #5 Mike Flanigan Position #6 Dick Denenny Position 117 Staff Lee Walton, Interim City Manager Stan McNutt, Interim Deputy City Manager Stanley Schwartz, Interim City Attorney Bob Ely, Interim Chief Building Inspector Robert W. Noack, Interim Finance Director Ruth Muller, Interim City Clerk Dick Warren, Interim Public Works Director Bill Hutsinpiller, Interim Parks and Recreation Director Jim Harris, Interim Planning Director 5 ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2003 THROUGH MARCH 31, 2003; APPROPRIATION OF FUNDS AND ESTABLISHING POSITIONS AND SALARY SCHEDULE. WHEREAS, RCW 35.02.132 requires the City Council to adopt an "interim Budget" for the period of operation prior to incorporation; AND WHEREAS, an "Interim Budget" was submitted to the City Council and the Interim City Clerk on February 7, 2003; AND WHEREAS, the City Council scheduled a public hearing on the proposed interim start -up budget on February 11, 2003; NOW THEREFORE the City Council of the City of Spokane Valley, Washington, do ordain as follows: Section 1. Funds Appropriated. fhe "Interim Budget" for the period January 1, 2003 through March 31, 2003, is appropriated by fund as follows: BUDGET BUDGET FUND EXPENDITURE REVENUE General Fund $1,201,834 Street Fund 140,870 County /City Loan Fund 1,050,000 Tax Anticipation Note Fund 292.704 TOTAL BUDGET $1,342,704 51,342,704 Section 2. Positions and Salary Schedule. The various positions and salaries for the interim City Manager, interim Department Directors, and Interim clerical personnel are attached to this ordinance as Appendix "A ". Section 3. Transmittal. A complete copy of the "Interim Budget" as adopted, together with a copy of this adopting ordinance, shall be transmitted by the interim City Clerk to the Division of Municipal Corporations of the Office of the State Auditor and to the Association of Washington Cities. Section 4. Severability. Should any section, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance be declared unconstitutional or otherwise invalid for any reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such decision or preemption Ordinance No. , lnt. Budget, Jan l -Mar 31,2003 shall not affect the validity of the remaining portions of this ordinance or its application to other persons or circumstances. Section 5. Effective Date and Publication. This ordinance shall be in full force and effect on the official date of incorporation provided publication of this ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Ordinance No. , Int. Budget, Jan 1 -Mar 31,2003 Mayor, Michael DeVleming 7 Department Description Actual 001 GENERAL FUND Revenues Beginning Fund Balance $ Transfer from Tax Anticipation Note Fund Transfer from County City Loan Fund 335,000 Total General Fund $ 335,000 Expenditures City Council S City Manager 55,145 Finance 14,450 Legal 8,802 Administrative Services 35,750 Community Development 12,590 Parks & Recreation 4,340 General Government 21,700 Total General Fund Expenditures 152,777 Ending Fund Balance S 182,223 101 STREET FUND Revenues Beginning Fund Balance $ Transfer from County City Loan Fund 15,000 $ 15,000 Expenditures Street Dept & Public Works' 13,708 Ending Fund Balance S 1,292 201 TAX ANTICIPATION NOTE FUND Revenues Line of Credit Proceeds pendilures Transfer to General Fund Ending Fund Balance $ - 202 COUNTYICITY LOAN FUND Revenues Intergovernmental Loans $ 350,000 Expenditures Transfer to General Fund Transfer to Street Fund S Ending Fund Balance $ City of Spokane Valley 2003 Interim Budget Revenue - Expenditure Summary January - March 2003 2002 2003 Budget 335,000 15,000 350,000 8 January February March Total S 162,223 $ - $ - $ 182,223 230,000 229,611 459,611 250,000 190,000 120,000 560,000 S 432,223 S 420,000 $ 349,611 $ 1,201,834 S 45,240 S 14,420 $ 7,920 $ 67,580 51,230 49,860 49,860 150,950 24,103 33,283 92,084 149,470 10,000 10,000 10,000 30,000 67,004 66,200 66,660 199,864 52,980 96,880 85,320 235,180 20,710 41,970 21,970 84,650 100,063 98,013 86,064 284,140 S 371,330 $ 410,626 $ 419,878 1,201,834 $ S 1,292 $ - $ - $ 1,292 50,000 60,000 30,000 140,000 S 51,292 S 60,000 $ 30,000 $ 141,292 5 38,210 S 60,830 $ 41,830 140,870 $ 422 $ $ 230,000 $ 229,611 $ 459,611 $ $ 230,000 $ 229,611 459,611 $ $ 250,000 $ 250,000 S 200,000 $ 700,000 250,000 190,000 120,000 560,000 50,000 60,000 30,000 140,000 $ 300,000 $ 250,000 S 150,000 700,000 Department Description Actual 001 GENERAL FUND Beginning Fund Balance Transfer from Tax Anticipation Note Fund Transfer from County City Loan Fund Total General Fund 101 STREET FUND Beginning Fund Balance Transfer from County City Loan Fund 201 TAX ANTICIPATION NOTE FUND Line of Credit Proceeds City of Spokane Valley 2003 Interim Budget Revenue Summary January - March 2003 2002 2003 Budget 335,000 $ 335,000 15,000 $ 15,000 202 COUNTY /CITY LOAN FUND Intergovernmental Loans $ 350,000 9 January February March Total $ 182,223 $ - $ $ 182,223 230,000 229,611 459,611 250,000 190,000 120,000 560,000 $ 432,223 $ 420,000 $ 349,611 $ 1,201,834 $ 1,292 $ - $ - • $ 1,292 50,000 60,000 30,000 140,000 $ 51,292 $ 60,000 $ 30,000 $ 141,292 $ $ 230,000 $ 229,611 $ 459,611 $ 250,000 $ 250,000 $ 200,000 $ 700,000 Note: Borrowings from Spokane County and the City of Liberty Lake for the interim period total $1,050,00. Department Description 001 GENERAL FUND City Council $ 7 $ 45,240 $ 14,420 $ 7,920 $ 67,580 City Manager 55,145 1 51,230 49,860 49,860 150,950 Finance 14,450 3 24,103 33,283 92,084 149,470 Legal 8,802 1 10,000 10,000 10,000 30,000 Administrative Services 35,750 8 67,004 66,200 66,660 199,864 Community Development 12,590 9 52,980 96,880 85,320 235,180 Parks & Recreation 4,340 2 20,710 41,970 21,970 84,650 General Government 21,700 1 100,063 98,013 86,064 284,140 Total General Fund Expenditures 152,777 32 $ 371,330 $ 410,626 $ 419,878 1,201,834 Ending Fund Balance 101 STREET FUND Street Dept & Public Works' Ending Fund Balance 201 TAX ANTICIPATION NOTE FUND Transfer to General Fund Ending Fund Balance 202 COUNTY /CITY LOAN FUND Transfer to General Fund 335,000 250,000 190,000 120,000 560,000 Transfer to Street Fund 15,000 50,000 60,000 30,000 140,000 350,000 $ 300,000 $ 250,000 $ 150,000 700,000 Ending Fund Balance $ City of Spokane Valley 2003 Interim Budget Expenditure Summary January • March 2003 2002 Actual FTEs January February March Total $ 182,223 $ 1,292 $ 422 $ $ $ 230,000 $ 229,611 $ 459,611 $ $ 13,708 4 $ 38,210 $ 60,830 $ 41,830 140,870 10 2003 Budget Department 001 GENERAL FUND City Council City Manager Finance Legal Services Contract Administrative Services Community Development Parks & Recreation General Government Other Funds 101 Street Fund Street Dept & Public Works' City of Spokane Valley • 2003 Interim Budget Expenditure Summary January - March 2003 Salaries & Wages $ 13,520 57,970 83,580 30,000 182,724 202,440 61,740 6,000 Total General Fund $ 637,974 113,660 660 3,550 Total Street Fund $ 113,660 $ 660 $ 3,550 $ TOTAL $ 751,634 $ 11,290 $ 348,780 $ 11 Other Capital Supplies Services Expenditures $ 1,260 $ 180 540 1,260 1,740 360 5,290 $ 10,630 $ $ 67,580 150,950 149,470 30,000 199,864 235,180 84,650 284,140 345,230 $ 208,000 $ 1,201,834 52,800 .$ 92,800 4,150 61,200 15,880 11,400 19,600 2,550 20,000 165,650 107,200 Total 23,000 140,870 23,000 $ 140,870 231,000 -$ 1,342,704 Budget 2003 FUND: ALL All Funds City of Spokane Valley Expenditure Assumptions Interim Budget DESCRIPTION • PERSONNEL: The amount of interim staff for the City of Spokane Valley in 2003 is reflected in the employee data section of the 2003 budget. In addition, the organizational chart outlines the reporting and responsibility matrix. Personnel costs for interim period are based on the hourly rates paid for each employee per the Prothman,Company Contract. The department directors are estimated to work 55 hours a week. All other employees are estimated to work 40 to 45 hours per weel SUPPLIES: Office supplies are necessary for employees to perform and accomplish their job responsibilities and duties. A new city will incur additional costs for supplies during the start -up period. Once employees have acquired the start -up supplies, a cost of $60 per month for each employee is budgeted. OTHER SERVICES & CHARGES: The budget estimates for other services and charges include services costs and overhead cost for employees. Other services may be provided by a governmental agency or by a private business organization. The items include professional services, communication, travel, advertising, rentals and leases, insurance, utility service, repairs and maintenance, and other miscellaneous services. CAPTIAL OUTLAY: Costs budgeted are assets such as computers, vehicles, land, and.building. The interim year budget includes office equipment, telephone system, sound system,some tenant improvements, computers, office lease, and large computer software purchases. 12 Budget FUND: 001 2003 DEPARTMENT: 11 General Fund City Council City of Spokane Valley Interim Budget DESCRIPTION City Council Cost of providing effective elected representation of the citizenry in the governing body. The City Council meets regularly to consider land use applications, approve expenditures and funds and set public policy with the primary criteria being the health, safety and general welfare of the community. SALARIES AND WAGES Note: Compensation for Council Members is from November 20th through March 31. PERSONNEL STATUS REPORT NO. START DATES Mayor 1.0 Nov City Council 6.0 Nov Total FTEs 7.0 SUPPLIES OTHER SERVICES AND CHARGES This category includes meeting expenses, miscellaneous supplies, a $3,500 capital expenditure for website design, election costs of $36,000 and $500 for a contest to design the new city logo. 13,520 1,260 52,800 $ 67,580 1 3 City of Spokane Valley Interim Budget January thru March 2003 Expenditures Department FTEs Salary January February March Total Description (4.4 weeks) (4 weeks) (4 weeks) CITY COUNCIL Personnel: Councilmembers 6.0 $4001mo $ 6,390 $ 2,400 $ 2,400 .S 11,190 Mayor 1.0 $5001mo . 1330 500 500 $ 2,330 Supplies: General Supplies Total Salaries 7.0 $ 7,720 $ 2,900 $ 2,900 $ 13,520 $ 420 $ 420 $ 420 $ 1,260 Other Services & Charges: Website Development 1,000 1,000 1,500 3,500 Council Retreat 2,500 2,500 Community Meetings 1,000 1,000 2,000 Meeting Expense 1,000 1,000 2,000 Postage 100 100 100 300 Logo Contest 500 500 Travel /Mileage 5,000 1,000 6,000 Election Costs 36,000 36,000 52,800 Total Other $ 37,520 $ 11,520 $ 5,020 $ 54,060 Total City Council $ 45,240 $ 14,420 $ 7,920 $ 67,580 14 Budget FUND: 001 2003 DEPARTMENT: 13 General Fund City Manager City of Spokane Valley Interim Budget DESCRIPTION City Manager The City Manager is the chief executive officer of the City government and is directly responsible to the City Council for planning, organizing and directing the activities of all city operations. The City Manager ensures all laws and ordinances governing the City are enforced, recommends to the City Council such measures or actions which appear necessary and desirable, prepares and submits to the City Council the City budget; and performs other activities required by law or designated by the City Council. The City Manager is also responsible for human resources, contract management, and information services. SALARIES AND WAGES The estimate for salaries & wages is based on the costs included in the existing contracts for staff. PERSONNEL STATUS REPORT Interim City Manager SUPPLIES NO. START DATES 1.0 December OTHER SERVICES AND CHARGES The major items in this category are for travel and mileage, meeting expense, consulting services, as well as a S88,500 recruitment cost for a city manager and department directors. 57,970 180 92,800 $ 150,950 15 City of Spokane Valley • Interim Budget January - March 2003 Expenditures Department . FTEs - Salary January February March Total Description (4.2 week,) (4 weeks) (4 weeks) CITY MANAGER Interim City Manager 1.0 $85hr $ 20,570 $ 18,700 $ 18,700 $ 57,970 Total Salaries 1.0 $ 20,570 . $ 18,700 $ 18,700 $ 57,970 Supplies: General Supplies ($601personlmonth) $ 60 S 60 $ 60 $ 180 Other Services & Charges: Housing Interim Team 600 600 600 1,800 Travel & Mileage 500 1,000 1,000 2,500 Recruitment Costs 29,500 29,500 29,500 88,500 92,800 Total Other $ 30,660 $ 31,160 $ 31,160 S ' 92,980 Total City Manager $ 51,230 $ 49,860 $ 49,860 S 150,950 16 Budget FUND: 001 2003 DEPARTMENT: 14 General Fund Finance City of Spokane Valley Interim Budget DESCRIPTION Finance The Finance Department provides financial management services for all City funds. Programs include accounting and reporting, payroll, accounts payable, purchasing, budgeting and financial planning, treasury and investment systems. The Department is also responsible to generate and analyze data related to the City's operations. The department prepares monthly, quarterly, and annual financial reports and budget to ensure compliance with state laws. SALARIES AND WAGES PERSONNEL STATUS REPORT NO. START DATES Interim Finance Director 1.0 November Interim Accounting Manager 1.0 January Interim Accounting Clerk 1_0 February Total FTEs 3.0 SUPPLIES OTHER SERVICES AND CHARGES Included in this budget category is miscellaneous office and computer supplies, printing and payroll charges. CAPITAL EXPENDITURES A $60,000 purchase for accounting and budgeting software has been budgeted and printer hardware equipment in the amount of $1,200 is budgeted. 83,580 540 4,150 61,200 $ 149,470 17 City of Spokane Valley Interim Budget January - March 2003 Expenditures Department FTEs Salary January February March Total Description (4.4 weeks} (4 weeks) (4 weeks) FINANCE Interim Finance Director Interim Accounting Manager Interim Accounting Cleric SUPPLIES: General Supplies ($60/person/month) CAPITAL OUTLAY: Accounting System Software Printer Total Salaries 1.0 •$70/hr S 16,940 $ 15,400 $ 15,400 $ 47,740 1.0 $56/hr 4,480 8,960 8,960 22,400 1.0 $28/hr 1,120 6,160 6,160 13,440 3.0 $ 22,540 $ 30,520 $ 30,520 S 83,580 $ 180 $ 180 $ 180 $ 540 OTHER SERVICES & CHARGES: Housing Interim Team 600 600 600 1,800 Travel Interim Team 250 250 250 750 Payroll Charges 333 333 334 1,000 Postage 200 200 200 600 4,150 Total Other $ 1,563 S 2,763 S 61,564 $ 65,890 Total $ 24,103 $ 33,283 $ 92,084 $ 149,470 18 1,200 60,000 60,000 1,200 61,200 Budget FUND: 001 2003 DEPARTMENT: 015 General Fund Legal City of Spokane Valley Interim Budget DESCRIPTION Legal This includes contract services for the following: Interim City Attorney Legal services for the interim period are being contracted for from Witherspoon, Kelley, Davenport & Toole. Stanley Schwartz is the lead attorney. 30,000 $ 30,000 19 Department FTEs 'Salary January February March Total Description (4.2 weeks) (4 weeks) (4 weeks) Legal City of Spokane Valley Interim Budget January - March 2003 Expenditures Interim City Attorney 1.0 $140hr $ 10,000 $ 10,000 $ 10,000 $ 30,000 Total Salaries 1.0 $ 10,000 $ 10,000 $ 10,000 $ 30,000 Total Legal $ 10,000 $ 10,000 $ 10,000 $ 30,000 20 Budget FUND: 001 2003 DEPARTMENT: 18 General Fund Administrative Services City of Spokane Valley Interim Budget DESCRIPTION Administrative Services The Administrative Services Department is composed,otthree divisions, the Deputy City Manager,0ivision, the City Clerk Division, and the Human Resources Division. The Deputy City Manager supervises the Administrative Services Division. He assists the City Manager in organizing and directing the other operations of the city and he assumes the duties of the City Manager in his abscense. The City Clerk Division is responsible for maintaining the official records of the city. The Clerk supervises the office staff and coordinates City Council meetings. The Human Resources Division is responcible for personnel matters to include recruitment, benefit programs, and training. SALARIES AND WAGES PERSONNEL STATUS REP ORT h10. START DATES Interim Deputy City Manager 1.0 November Interim Contracts Manager 1.0 December Interim City Clerk 1.0 December Interim Human Resources Mgr. 1.0 January Interim Office Assistant II - 1.0 January Interim Administrative Assistant 1.0 November Interim Office Assistant I 2_0 January 8.0 SUPPLIES OTHER SERVICES AND CHARGES Included in this budget category is miscellaneous office and computer supplies, printing and binding for special reports, advertising for legal notices, publication of ordinances and bulk mailing charges. 182,724 1,260 15,880 $ 199,864 21 City of Spokane Valley Interim Budget January - March 2003 ' Expenditures Department FTEs Salary January February March Total Description (4.6 weeks) (4 weeks) (4 Weks) ADMINISTRATIVE SERVICES Interim Deputy City Manager 1.0 $83Ihr $ 20,086 $ 18,260 $ 18,260 $ 56,606 Interim Contracts Manager 1.0 $85/hr • 2,040 2,040 4,080 Interim City Clerk 1.0 $56/hr 13,552 12,320 12,320 38,192 Interim Human Resources Mgr. 1.0 S63Ihr 15,246 13,860 13,860 42,966 Interim Office Assistant II . 1.0 $281hr 2,800 4,760 4,760 12,320 Interim Administrative Assistant 1.0 $21/hr 3,360 3,360 3,360 10,080 Interim Office Assistant! 2.0 S21Ihr 5,040 6,720 6,720 18,480 SUPPLIES: General Supplies (S60 /person /month) Total Salaries 22 8.0 $ 62,124 $ 61,320 $ 59,280 $ 182,724 420 $ 420 $ 420 $ 1,260 OTHER SERVICES & CHARGES: Housing Interim Team 1,800 1,800 1,800 5,400 Travel Interim Team 750 750 750 2,250. Publications 710 710 210 1,630 Printing & Binding 500 500 500 1,500 Codification 3,000 3,000 Postage • 200 200 200 600 Legal Notices 0 500 500 500 1,500 15,880 Total Other $ 4,880 $ 4,880 $ 7,380 S 17,140 Total $ 67,004 $ 66,200 $ 66,660 S 199,864 Budget FUND: 001 2003 DEPARTMENT: 058 General Fund Community Development City of Spokane Valley Interim Budget DESCRIPTION Community Development Community Development is responsible for the City's land use and planning, including growth management planning, mapping, building inspections, code enforcement, flood plain management administration, State Envioronmental Policy Act (SEPA) administrations and shoreline management permits. The Department also manages the building permit process. The Department's responsibilities will increase with the adoption of the City's Interim Comprehensive Plan and associated interim development regulations. SALARIES AND WAGES The estimate for salaries & wages is based on the costs included in the existing contracts for staff. PERSONNEL STATUS REPORT NO. START DATES Interim Community Development Director 1.0 December Interim Long Range Planning Manager 1.0 January InterimLong Range Planner 1.0 January Interim Current Planning Manager 1.0 January Interim Planner 1.0 January Interim Planning Technician 1.0 February Interim Buikfing Official 1.0 January Interim Senior Building Inspector 1.0 February Interim Permit Technician 1.0 February 9.0 SUPPLIES: OTHER SERVICES AND CHARGES This category includes advertising of meetings, meeting notices, dues and memberships. 202,440 1,740 11,400 CAPITAL EXPENDITURES: 19,600 Capital purchases include the provision fora vehicle ($18,000) and a laminating machine (S1,600) for maps. 235,180 23 City of Spokane Valley Interim Budget January - March 2003 Expenditures Department FTEs Salary January February March Total Description (4.4 wew+st (4 wyee s) (4 weds) COMMUNITY DEVELOPMENT Interim Comm Devel Director 1.0 $70/hr $ 16,940 $ 15,400 $ 15,400 $ 47,740 Interim Long Range Planning Mgr 1.0 $561hr 6,720 8,960 8,960 24,640 Interim Long Range Planner 1.0 $421h1 1,680 6,720 6,720 15,120 Interim Current Planning Manager 1.0 $561hr 4,480 8,960 8,960 22,400 Interim Planner 1.0 $42/hr 3,360 6,720 6,720 16,800 Interim Planning Technician 1.0 $28/hr 3,360 4,480 7,840 Interim Building Official 1.0 $70/hr 16,940 15,400 15,400 47,740 Interim Senior Biding Inspector 1.0 $56/hr 4,480 8,960 13,440 Interim Permit Technician 1.0 $28fir 2,240 4,480 6,720 Total Salaries 9.0 $ 50,120 $ 72,240 $ 80,080 $ 202,440 SUPPLIES: General Supplies (560 per personimonih $ 360 $ 540 $ 540 $ 1,440 Maps /Copying 300 300 1,740 OTHER SERVICES & CHARGES: Housing Interim Team 1,200 1,200 1,200 3,600 Travel I nterim Team 500 500 500 1,500 Travel /Mileage 500 1,000 1,500 3,000 Publications 1,800 1,500 3,300 11,400 CAPITAL PURCHASES: Laminating Machine 1,600 1,600 Capital Purchases - Vehicle 18,000 18,000 19,600 Total Other $ 2,860 $ 24,640 $ 5,240 $ 32,740 Total $ 52,980 $ 96,880 $ 85,320 S 235,180 24 Budget FUND: 001 2003 DEPARTMENT: 076 General Fund Parks & Recreation City of Spokane Valley Interim Budget DESCRIPTION Parks & Recreation The Parks and Recreation Department interim team is coordinating the transfer of existing Spokane County Parks to the new city. The transfer will include 12 community parks, the Opportunity Township Hall, Valley Mission Pool and Valley Senior Center. The transfer would also include the Mirabeau Point recreation area and two additional pools. A recreation coordinator has been hired to begin planning for the summer recreation season. SALARIES AND WAGES The estimate for salaries & wages is based on the costs included in the existing contracts for staff. PERSONNEL STATUS REPORT NO. START DATES . Interim Parks & Recreation Consultant 1.0 January Interim Recreation Coordinator 1.0 January 2.0 61,740 SUPPLIES OTHER SERVICES AND CHARGES CAPITAL EXPENDITURES This category includes the capital purchase of vehicle for $20,000. 20,000 360 2,550 $ 84,650 25 City of Spokane Valley Interim Budget January - March 2003 Expenditures Department FTEs Salary January February March Total Description (4.4 weeks) ) (4 weeks) (4 weeks) Parks & Recreation Interim Parks & Recreation Consultant 1.0 S70lhr $ 16,940 $ 15,400 $ 15,400 $ 47,740 Interim Recreation Coordinator 1.0 $35/hr 2,800 5,600 5,600 14,000 SUPPLIES: General Supplies S60lpersonlrnonth S 120 S 120 S 120 $ 360 OTHER SERVICES & CHARGES:. - Housing Interim Team 600 600 600 1,800 Travel Interim Team 250 250 250 750 CAPITAL EXPENDITURES: Capital Outlay - Pool Car Total Salaries 2.0 $ 19,740 $ 21,000 $ 21,000 $ 61,740 26 2,550 20,000 20,000 Total Other S 970 S • 20,970 $ 970 $ 22,910 Total Parks & Recreation $ 20,710 $ 41,970 $ 21,970 $ 84,650 Budget FUND: 001 General Fund 2003 DEPARTMENT: 90 General Government City of Spokane Valley Interim Budget DESCRIPTION • General Government The General Government Department comprises activities that encompass services to multiple departments. Included in this department are the costs of city hall and related utilities, management information services reproduction services and postal costs. Also included in this section is the cost of the interim team project manager, Craig Prothman and the projected costs for the incorporation cerimony. SALARIES AND WAGES . 6,000 5,290 165,650 107,200 $ 284,140 PERSONNEL STATUS REPORT NO. START DATES Interim Project Manager 1.0 November SUPPLIES OTHER SERVICES AND CHARGES Included in this budget category is miscellaneous expenses relating to the interim consulting contract, copier expenses, telephone expenses, building lease costs, and telephone costs. CAPITAL EXPENDITURES Capital purchases include furniture for city hall, office software, postal equipment, a sound system, the telephone system hardware, and computer and printer hardware. 27 City of Spokane Valley Interim Budget January - March 2003 Expenditures Department FTES Salary January February March Total Description (4.4 rac.ks) (4 woks) (4 each) General Government Interim Project Manager 1.0 5125mr 5 2.000 $ 2,000 1 2,000 5 6,000 Total Salaries 1.0 $ 2,000 S 2,000 5 2,000 5 6,000 SUPPLIES: Miscellaneous O10ee Supp0es $ 263 S 263 $ 264 1 790 Copy Paper 4,500 4,590 5,290 OTHER SERVICES & CHARGES: Incorporation Ceremony 7,000 7,000 Travel Expenses 250 250 250 750 Facstnie and Delivery Expenses 200 200 200 600 Name tags/Letter Read 1,000 1,000 1,000 3,000 Printing of Documents/materials 200 200 200 600 Miscellaneous Costs 333 333 334 1,000 Mileage Reimbursement 667 667 666 2,000 Consuxng Services 10,000 10,000 10,000 30,000 hteerg Expenso 1,000 1,000 1,000 3,000 Insurance 60,000 60,000 Postagausinesstnfarrnation 3,000 4,000 4,000 11,000 Copier Maintenance Contract 2,500 2,500 2,500 7,500 Telephone Charges 1,200 1,200 1,200 1600 Cell Pone Charges 200 200 200 600 9utding Lease 35,000 35, 000 165,650 CAPITA! EXPENDITURES: Furrdture 4,000 4,000 2,000 10,000 Special Software 5,000 5,000 10,000 Postage Machine 5,400 5,400 Postage Scale 400 400 Reoardaz S and System 10,000 10,000 Portable PA System 5,000 5,000 Telephone System 15,650 15,650 Telephone Trunl, Linn 1,250 500 1,250 3,000 Compu,ers'PtintersIMontors 10,000 21,750 10,000 41,750 Miscellaneous Expenses 2,000 2,000 2,000 6 107,200 Total Other 5 96,063 $ 96,013 $ 84,064 $ 278,140 TOTAL GENERAL GOVERNMENT $ 100,063 $ 98,013 $ 66,064 5 264,140 28 Budget FUND: 101 2003 DEPARTMENT: 42 Street Fund City of Spokane Valley Interim Budget DESCRIPTION Street Fund - Public Works • The Street Fund is used for the improvements to the City's street system. The interim team is responsible for the coordination of contracts for street maintenance with Spokane County. The engineering section will coordinate and supervise public works engineering projects. SALARIES AND WAGES PERSONNEL STATUS REPORT • NO START DATES Interim Public Works Director, 1.0 December Interim Public Works Supervisor 1.0 January Interim Public Works Specialist 1.0 January Interim Engineering Technician 1_0 February Total FTEs 4.0 SUPPLIES OTHER SERVICES AND CHARGES Included in these charges are expenses for office supplies and travel mlage. CAPITAL EXPENITURES Capital expenditures include funds for the purchase of a pool car, small tools, and a digital camera. 113,660 660 3,550 23,000 _ $ 140,870 29 City of Spokane Valley , Interim Budget January - March 2003 Expenditures . Department FTEs Salary January February March Total Description (4.4 weeks) (4 weeks) (4 weeks) STREET FUND Interim Public Works Director Interim Public Works Supervisor Interim Public Works Specialist Interim Engineering Technician Total Salaries 1.0 $70/hr $ 16,940 $ 15,400 $ 15,400 $ 47,740 1.0 $561hr 8,960 8,960 8,960 26,880 1.0 $581hr 9,280 9,280 9,280 27,840 1.0 $28/hr 5,600 5,600 • 11,200 4.0 $ 35,180 $ 39,240 $ 39,240 $ 113,660 SUPPLIES: General Supplies ($60lperso month) S 180 S 240 S 240 $ 660 OTHER SERVICES & CHARGES: Housing Interim Team 600 600 600 1,800 Travel Interim Team 250 250 250 750 Travel /Mileage 500 500 1,000 3,550 CAPITAL EXPENDITURES: Digital Camera 1,000 1,000 Capital Expenidtures - vehicle _ 17,000 17,000 Capital Expenidtures - small tools . 2,000 2,000 1,000 5,000 23,000 Total Other $ 3,030 $ 21,590 $ 2,590 $ 27,210 Total $ 38,210 $ 60,830 $ 41,830 $ 140,870 30 Budget FUND: 2003 DEPARTMENT: 201 Tax Anticipation Note Fund City of Spokane Valley Interim Budget DESCRIPTION Tax Anticipation Note Fund On January 14, 2003, the City Council passed Resolution 03 -012 accepting the commitment of Farmers & Merchants Bank, Spokane Valley, Washington, to provide a revolving line of credit evidenced by a note payable from the taxes and other revenues to the City. The Ordinance authorized the issuance of the note in an aggregate principal amount not to exceed $1,000,000 at any time outstanding for the purpose of paying expenditures of the City's General Fund and other funds pending the receipt of taxes and other revenues. $ 459,611 31 Department January February March Total Description (4.4 weeks) (4 weeks) (4 weeks) TAX ANTICIPATION NOTE FUND City of Spokane Valley Interim Budget January - March 2003 Expenditures Transfer to General Fund S - $ 230,000 $ 229,611 $ 459,611 Total Tax Anticipation Note Fund $ S 230,000 $ 229,611 $ 459,611 32 Budget FUND: 2003 DEPARTMENT: 202 County /City Loan Fund City of Spokane Valley Interim Budget DESCRIPTION County /City Loan Fund On November 26, 2002, the City Council passed Resolution 02 -04 accepting the offer of the City of Liberty Lake to loan the City of Spokane Valley $50,000 at little or no interest. The ban is to be repaid on or before June 30, 2003 following the the first road tax distribution. On December 10, 2002, the City Council passed Resolution 02 -10 authorizing the Mayor to execute all documents necessary for the City of Spokane Valley to obtain a loan from Spokane County for S1,000,000 in installments of $300,000 upon execution of the loan documents, S250,000 on January 10, 2003, $250,000 on February 10, 2003, and $200,000 on March 10, 2003. The loan is interest free and will be repaid by the City from Road District taxes collect by the county that would otherwise go to the City under RCW 35.02.040 after March 31. $ 700,000 33 City of Spokane Valley Interim Budget January - March 2003 Expenditures Department January February March Total Description (4.4 weeks) (4 weeks) (4 weeks) COUNTY /CITY LOAN FUND Transfer to General Fund $ 250,000 $ 190,000 $ 120,000 S 560,000 Transfer to Street Fund 50,000 60,000 30,000 140,000 S 300,000 $ 250,000 $ 150,000 $ 700,000 Total County /City Loan Fund $ 300,000 $ 250,000 $ 150,000 $ 700,000 34 Position Per Hour General Government *Project Manager $ 125 City Manager $ 56 *Interim City Manager $ 85 Finance $ 56 *Interim Finance Director $ 70 Interim Accounting Manager $ 56 Interim Accounting Clerk $ 28 Legal $ 56 Contract City Attorney $ 140 Administrative Services *Interim Deputy City Manager $ 83 *Interim City Clerk $ 56 Interim Contract Consultant $ 85 *Interim Human Resources Specialist $ 63 Interim Administrative Asst. $ 21 Interim Office Assistant I (2) $ 21 Interim Engineering Technician $ 28 Position Per Hour Community Development *Interim Comm Devel Director $ 70 *Interim Long Range Planning Mgr $ 56 Interim Long Range Planner $ 42 Interim Current Planning Manager $ 56 Interim Planner $ 42 Interim Planning Technician $ 28 Interim Building Official $ 70 Interim Senior Building Inspector $ 56 Interim Permit Technician $ 28 Parks & Recreation *Interim Parks & Recreation Consultant $ 70 Interim Recreation Coordinator $ 35 Street Fund *Interim Public Works Director $ 70 *InterimPublic Works Supervisor $ 56 Interim Public Works Specialist $ 58 Interim Engineering Technician $ 28 35 PROFESSIONAL SERVICES FEES Professional fees for providing management services to the City of Spokane Valley are listed below. Attachment A, Budget Ord. All costs incurred during the project are the responsibility of the City. Expense items include but are not limited to: Facsimile and delivery expenses. Printing of documents and materials. Travel expenses and related costs for the Project Manager & Contracts Manager. Travel expenses for interim team members excluding interim team travel to and from home. The individuals whose name is preceded by an asterisk shall receive a monthly stipend for housing of $600 per month. The monthly stipend will be pro -rated per week. Other associated miscellaneous costs Mileage reimbursement of $.35 per mile. DATE ACTION IS REQUESTED: Jan. 28, 2003 — l Reading Feb. 11, 2003 — 2 " Reading APPROVED FOR COUNCIL PACKET: City Manager Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim Finance Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -032 TITLE: Levying Special Excise TYPE OF ACTION: Taxof2 %on Hotel/Motel/Lodging Fees ATTACHMENTS: 1) Ordinance No. 27 2) Copy re: taxes from AWC New City Guide STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: 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 RCW 67.28. This ordinance was advanced to second reading at the Jan. 28, 2003 meeting, and the City Attorney has made amendments to the ordinance as shown on attached redline copy. ALTERNATIVES: Do not impose the two percent excise tax on hotel/motel lodging fees. Ordinance Resolution Motion Other 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 S228,000 with the first payment to the City scheduled for the first of July. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 27 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, LEVYING A SPECIAL EXCISE TAX OF TWO PERCENT ON THE SALE OR CHARGE MALE FOR THE FURNISHING OF LODGING BY ANY MOTEL, 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 provides that qualified cities, such as the City of Spokane ft Deleted: and 67.28.181 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 this ordinance replaces the Special Excise Tax adopted by Spokane County through Resolution 77 -950 and does not increase the amount of tax otherwise .aid by responsible persons; 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 Lodeing. 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, rooming 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 arc 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 P:tcmail attnchmentstQrdinnoec N. 27rcdlinc, hatcl -rootcl tax.doS Deleted: GAICICity of Spokane Valle lkdinamoes'Ardinance 27,edhine.doc levied in this Ordinance shall be credit a ainst the amount f a es tax RCW Cha ter 82.08) due the State of Washington on the sale of lodging as set forth herein. Section 2. Creation of Tourism - Promotion Fund. 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. Section 3. Administration. 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 fortes and reporting procedures, as the Department may deem necessary and appropriate. Section 4. Lodging Tax Advisor Committee. The City Council shall establish a Lodging Tax Advisory Committee consisting of five (5) members. Two members of the Committee shall be representatives of businesses required to collect the tax and. at least two members shall be +ersons involved in activities authorized to he funded by this ordinance. The City shall solicit recommendations from organizations re resentin businesses that collect the tax and organizations that are authorized to receive funds under this ordinance. The Committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the Committee shall be from the City Council. Annually. the Membership of the Committee shall be re viewed, The Mayor shall nominate persons and the Council member for the L.odgint Tax Advisory Committee with Council confirmation of the nominees. Nomination shall state the term of Committee membership. Appointments shall be for one and two year terms. P:lennil attachm No. 27redlineh -motel rn$,dQC Deleted: in addition to any liccn c for of any other tar imlwvnd or revied under nny Inw a any other ordin.tce ache City of Spokar c Valley t oeteted: Cf C%City of Spokane \ allevordb xx..s )rdinmrceNo, 27rcdtine.doc ATTEST: Section. Penalty. 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. Section ._ _ _ _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 pate. 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 of the City of Spokane Valley on February _, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: I Mernail altoctuneatts \Ordinance No. 27redline, hotel -mnlel taSdct Mayor, Michael DeVleming _ - Deleted: a { Deleted: 5 Deleted: 6 1 } Deleted: a:SCtCity ofSpolamc VallevSOrdinanceekOrdtnancc No. 27rcdlinc.doc 67.20.010 or public camps to nearby highways by donation, purchase or condemnation, and to build, construct, care for, control, supervise, improve,. operate and maintain parks, playgrounds, gymnasiums, swimming pools, field houses and other rec- reational facilities, bathing beaches, roads and public camps upon any such land, including the power to enact and enforce such police regulations not inconsistent with the constitution and laws of the state of Washington, as are deemed necessary for the government and control of the satire. The power of eminent domain herein granted shall not. extend to any land outside the territorial limits of the governmental unit or units exercising said power. [1988 c 82 § 7; 1949 c 97 § 1;,1921 c 107, § 1; Rem. Supp. 1949 § 9319. FORMER PART OF SECTION: 1949 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949 § 9321 now codified as RCW 67.20.015.] , 67.20.015 Authority to establish and operate public camps — Charges. Any city,:town, county, separately organized park district, or school district shall have power to establish, care for, control, supervise, improve, operate and maintain a public camp, or camps anywhere within the state, and to that end may make, promulgate and enforce any reasonable rules and regulations in reference to such camps and.make such charges for the use thereof as may be deemed expedient. 1 c 97 § 3; 1921 c 107 § 3; Rem. Supp. 1949 § 9321. Fornierly RCW 67.20.010, part.] 67.20.020 Contracts for cooperation. Any city, park district ; ..School disuict, county or town sliall have power to enter into any contract in writing with any organization or organizations referred to in this chapter for the purpcise of conducting a' recreation program or exercising any other power granted by this chapter. In the conduct of such recreation program property or facilities owned by any individual, group or organization, whether public or private, may be utilized by consent of the owner. [1949 c 97 § 2; 1921 c 107 § 2; Rem. Stipp. 1949 § 9320.] 67.20.030 Scope of chapter. This chapter shall not be construed to repeal or limit any existing power of any city or park district, but to grant powers in addition thereto. [1949,,c97 §.4; 1921 c 107 § 4; Rem., Supp. 1.949 § 9319 note] Sections 67.24.010 Commission of— Felony. 67.24.020 Scope of 1945 c 107. •r 67.24.010 Commission of— felony. Every person who shall give, offer, receive, or promise, directly or indirectly, any compensation, gratuity, or reward, or make any promise thereof, or who shall fraudulently conunit any act by trick; device, or bunco, or any'ineans whatsoever with intent to influence or change the outcome of any sporting contest between 'people or between 'animals, shall be guilty of a felony and shall be punished by imprisonment in a state t Chapter 67.24 FRAUD 211 SPORTING CONTEST ITitle 67 RCW — page 281 Title 67 RCW: Sports and Recreation— Convention facilities correctional facility for not less than five years., [1992 c 7 § 43; 1945 c 107 § 1; 1941 c 181 § 1; Rem. Supp. 1945 § 2499-11 67.24.020 Scope of 1945 c 107. All of the acts and statutes in conflict herewith are hereby repealed except chapter 55, Laws of 1933 [chapters 43.50 and 67.16 RCW] and amendments thereto. [1945 c 107 § 2; Rem: Supp. 1945 § 2499 -1 note.] Sections 67.28.080 67.28.120 67.28.125 67.28.130 67.28.140 67.28.150 67.28.160 67.28.170 67.28.180 67.28.1801 67.28.181 67.28.1815 67.28.1817 67.28.183 67.28.184 67.28.200 67.28.220 67 28.8001 Chapter 67.28 PUBLIC, STADIUM, CONVENTION, ARTS, AND TOURISM FACILITIES Definitions. Authorization to acquire and operate tourism- related facili- ties_ Selling convention center facilities — Smaller Counties within national scenic areas. Conveyance or lease of lands, properties or facilities autho- rized—luint participation, use of facilities. Declaration of public purpose — Right of eminent domain. Issuance of general obligation bonds — Maturity— cvfethods of payment_ Revenue bonds — Issuance, sale, form, term, payment. re- serves, actions. Power to lease all or part of facilities — Disposition of pro- ceeds. Lodging tax authorized — Conditions. Credit against sales tax due on same lodging. Special excise taxes authorized— Rates — Credits for city or town tax by county — Limits. Revenue—Special fund —Uses for tourism promotion and tourism facility acquisition and operation. Lodging tax advisory' committee in.targc municipalities-- Submission of proposal for imposition of or change in tax or use — Comments. Exemption from tax— Emergency lodging for homeless persons—Conditions. Use of hotel -motel tax revenues by cities fur professional sports franchise facilities limited. Special excise tax authorized — Exemptions may be estab- iislted= Collection. Powers additional and supplemental to other laws. Reports by municipalities— Summary and analysis by de- .panmcnt of community, trade, and economic develop- meat. 67.28.900 Scvcrrrbility-1965 c 15. 67.28.910 Severtbitity -1967 c 236. 67.28.911 Sevetnbiliry -1973 2nd ex.s. c 34. 67.28.912 Severability -1975 1st ex.s. c 225. 67.28.913 Severability-1988 ex.s. c 1. Multipurpose community centers: Chapter 35.59 RCW. Stadiums, coliseums, powers of counties to build and operate: RCW 36.6&.090. Tar changes: RCW 32.14.055. Tar rare calculation errors: RCW 82.32.430. 67.28.080 Definitions.. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "Acquisition" includes, but is not limited to, siting, acquisition, design, construction, refurbishing, expansion repair, and improvement, including paying or securing the payment of all or any portion of general obligation bonds, (2002 Ed.) DATE ACTION IS REQUESTED: Jan. 28, 2003 — 1 reading Feb. 11, 2003 — 2 " reading Attorney Approve As To Form CITY. OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -033 TITLE: Adopt County Road TYPE OF ACTION: Standards X Ordinance APPROVED FOR ATTACHMENTS: Resolution COUI 'CIL PACKET: Ordinance No. 33 Motion City Manager Other Dept. Head SUBMITTED BY: Interim Public Works Director STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: 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 some of the road paving details. This ordinance was advanced to second reading at the Jan. 28, 2003 meeting, and the City Attorney has made amendments to the ordinance as shown on attached redline copy. 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 ORDINANCE 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, THER.EFORE, 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. 1 1.020 and 35A.I2,140, 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 Deleted: `i"'""s' recommendations for modifying and monitoring the effectiveness of the Standards for Road and Deleted: C:CC' Vn11eyi0v1innn ts'Ordinnnce No. 33 rodline,doc 1 ' 1ti _clrIlibitB4ehancnls,Qrditlwicc No, 33rcdlinc.Cuunty:u xI ,I ndn:i s,cIcx Sewer Construction of the City of Spokane Valley , may be delegated to City Council. _ -- Cornmittee accordin_to_Counc_il Rules. The Council Committee shall work with the Manager, designated staff and others,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.`,', shall periodically review the Standards for Road and Sewer Construction and modify and amend. the same from time to time. as necessary. s � , t Deleted: Dhector Works, 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: PASSED by the City Council this day of February, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: PAernail r inrntslQ thnatoee,&o, 53re tine county mnd .ttnntinnicdo, Mayor, Michael DeVleming Deleted: (ns presently constituted or hereafternrnended) , t Deleted: reserves the right to 0 Deleted: inclmdiug Deleted: in or ' r j Deleted: iqs �Ii Deleted: its _ - { Deleted: Jutuary Deleted: G:1CSCity yalley\Ordinanccs50tdtntarce No. 33rcdlinc.doc SUBMITTED BY: Interim Public Works Director CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003-935 DATE ACTION IS TITLE: Adopt County REQUESTED: Guidelines for Stormwater Jan. 28, 2003 — l reading Management Feb. 11, 2003 — 2 " reading APPROVED FOR City Manager Dept. Head Attorney Approve As To Form ATTACHMENTS: Ordinance No. 32 TYPE OF ACTION: X Ordinance Resolution Motion Other COU L PACKET: STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: 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 he monitored. The City will later modify the County guidelines or develop its own guidelines to provide for management of stormwater systems in the City. This ordinance was advanced to second reading at the. Jan. 28, 2003 meeting, and the City Attorney has made amendments to the ordinance as shown on attached redline copy. 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 MANAGEMENT AS THE INTERIM GUIDELINES FOR STORMWATER MANAGEMENT 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 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, THEREFORE, 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 addendum 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. 1 I„ c mail atiact,n tit rclimurce.No, 32 tctllincstormwmicr puidclirtes.dc Deleted: G:S lcuy of Spokane Vallcy5Ordinanccs'Ordinancc No. 32 mdliae.doc • l Inserted: G; C City ofspokane Vallcy10rdinaner3'0tdintttec No. 32 redlines dos Deleted: C:1C'City of Spokane Vancylprdinanncs'Otdineacc No. 32.doc Section 4. Modification of Guidelines. The responsibility and authority for developing recommendations for modifying and monitoring the effectiveness of the Stormwater , _ - {Dcicted:.aduptin j Management Guidelines of the City of Spokane Valley , may be delegated to ,Cite Council - -. Deleted: Committee , accordine to Council Rules. The Council Committee shall work with the ,. City,': _ ( Deleted: the Manager, designated staff and others , to provide for stornnvater management and developrnent of related facilities that promotes the orderly development of the City and serves the best interest , of the residents. The Council , shall periodically review the Guidelines for Stormwater , Management and modify and amend,the same from time to time, as necessary. Section 5. Uniform Code - Copies on File. The City Clerk is to maintain one copy •o,,, t Deleted: in Older on file of the Guidelines for Stormwater Management adopted by this ordinance. Deleted: reserves the right to 1 , ( Deleted: ins 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. eve Section 7. Srability. 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 D by the City Council this day of ,February, 2003. Interim City Clerk, Ruth Muller Approved As To Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Mayor, Michael DeVleming Inetoail iutnchntenttlordhcancc,No.32 redline. m d�J tarwnter truiines,dnc Deleted: (as presently eonsumted of 1 hereafter amended) Deleted: Director of Public Works, Staff - { Deleted: January Deleted: G:VC City ol'Spokanc ValleytOrdinances'erdinnme No. 32 redline ,doe Inserted: G:,OCityof Vnl eytOrdirancesOrdinnnce No. 32 redltne.do: � Deleted: 0 :4C1City ol' Spokc vnik No. 32.doc Deleted inclodtrk Deleted: ropy DATE ACTION IS REQUESTED: February 11, 2003 APPROVED FOR COUNCIL PACKET: Resolution No. 03 -016 Dept. Head Attorney Approve As To Form SUBMITTED BY: Interim City Manager STAFF RECOMMENDS COUNCIL MAKE A MOTION TO: Adopt Resolution No. 03 -016 Stating the Intent of the City to Continue to Receive Fire Protection Services From Spokane County Fire Protection District Nos. 1, 8 and 9. DISCUSSION: RCVV 52.04.161 covers fire service provisions to a newly incorporated city located in one or more fire districts for the balance of the year following the official incorporation date. The provisions of this statute allow an opportunity for the newly incorporated city to investigate and report on future lire protection services for the city. ALTERNATIVES: Not to adopt this resolution. FISCAL IMPACT: None SOURCE OF FUNDS: AMOUNT BUDGETED: AMOUNT NEEDED FOR PROJECT: CITY OF SPOKANE VALLEY REQUEST FOR COUNCIL ACTION Agenda Bill No. 2003 -040 TITLE: Fire Services TYPE OF ACTION: ATTACHMENTS: Ordinance X Resolution Motion Other CiTY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO 03 -016 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON STATING THE INTENT OF THE CITY TO CONTINUE TO RECEIVE FIRE PROTECTION SERVICES FROM SPOKANE COUNTY FIRE PROTECTION DISTRICT NOS. 1, 8 AND 9. WHEREAS, RCW 52.04.161 provides that a newly incorporated city located in one or more fire districts is deemed annexed by the fire protection district or districts effective immediately on the city's official date of incorporation unless the newly incorporated city adopts a resolution during the interim transition period precluding such annexation; WHEREAS, the State law further allows the City of Spokane Valley to remain annexed to the fire protection districts through December 31, 2003 plus an additional year (2004) if such extension is approved by Resolution jointly adopted by the City Council and the respective boards of fire commissioners; and WHEREAS, the City of Spokane Valley is desirous of being annexed by Spokane County Fire Protection Districts Nos. 1, 8 and 9 from March 31, 2003, the official date of incorporation, until December 31, 2003, with a potential one year extension if joint resolutions are adopted by the City Council and the Board of Fire Commissioners for Fire District Nos. 1, 8 and 9. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Intent to Annex. In order to continue receiving fire protection, fire prevention, fire suppression, emergency medical, and hazardous material incident response, it is hereby declared that the City of Spokane Valley shall be deemed annexed to Spokane County Fire Protection Districts Nos. 1, 8 and 9 from March 31, 2003 through December 31, 2003. Section 2. Extension of Annexation. The City Manager is directed to contact Fire District Nos. 1, 8 and 9 to investigate and report on future fire protection services including, but not limited to, annexation for an additional year if approved by the City Council and the Board of Fire Commissioners for Fire District Nos. 1, 8 and 9. Section 3. Notification to Board of Commissioners. The City Clerk shall send a copy of this Resolution to the Board of Commissions for Fire District Nos. 1, 8 and 9. I' cn,a l a uachmenutResolu,icn03 -16. inert tc lire services.doc 1 Section 4. Effective Date. This Resolution shall be in full force and effect on March 31, 2003, provided that the terms of this resolution shall also be effect during the interim period. ATTEST: Adopted this day of February, 2003. Interim City Clerk, Ruth Muller Approved as to Form: Interim City Attorney, Stanley M. Schwartz I',1rinAil nuscltrocastResolution03 -16, intern re fire xsvices,doc City of Spokane Valley Mayor Michael DeVleming 2