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2010, 02-09 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL MEETING FORMAT Tuesday,February 9,2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Jerry Sponseller, Opportunity Baptist Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: Proclamation: (1)National Children's Dental Health Month; (2)Future Business Leaders of America PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 01/15/2010 19357-19387 $204,429.01 01/20/2010 Payroll vouchers: 3057-3060, 19388 $62,049.27 01/22/2010 (for 2009) 19389-19439 $245,916.31 01/28/2010 (for 2009) 19440-19458 $128,951.64 01/29/2010 19459-19546 $353,061.03 02/03/2010 Payroll vouchers: 3070-3072; 3083, 19547-19551 $211 907.07 GRAND TOTAL $1,206,314.33 b. Approval of Payroll for Period Ending January 15, 2010: $263,889.81 c. Approval of Payroll for Period Ending January 31, 2010: $353,790.95 d. Confirmation of Mayoral Revised Committee Appointments e. Approval of Executive Session Council Meeting Minutes of January 12, 2010 f. Approval of Formal Council Meeting Minutes of January 12, 2010 g. Approval of Executive Session Council Meeting Minutes of January 19, 2010 h. Approval of Formal Council Meeting Minutes of January 19, 2010 Council Agenda 02-09-10 Regular Meeting Page 1 of 2 i. Approval of Executive Session Council Meeting Minutes of February 1, 2010 NEW BUSINESS: 2. First Reading Proposed Ordinance 10-003 Amending Alarm Regulations—Cary Driskell/Rick Van Leuven [public comment] 3. First Reading Proposed Ordinance 10-004—Christina Janssen/Mike Connelly [public comment] 4. Proposed Resolution 10-004 Adopting Planning Commission Rules of Procedure—Kathy McClung [public comment] 5. Motion Consideration: Spokane County Interlocal Agreement, JAG Grant—Cary Driskell [public comment] 6. Motion Consideration: Acting City Manager Appointment Letter—Mike Connelly [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 7. Spokane County Community Services Housing and Community Development—Kate Kennedy 8. Milwaukee Right-of-way—Mike Connelly 9. Advance Agenda—Mayor Towey INFORMATION ONLY: (will not be reported or discussed) 10. Franchise Agreements 11. Department Quarterly Reports 12. Council Broadcasts 13. EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(i)] ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 02-09-10 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-09-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 01/15/2010 19357-19387 $204,429.01 01/20/2010 Payroll vouchers: 3057-3060, 19388 $62,049.27 01/22/2010(for 2009) 19389-19439 $245,916.31 01/28/2010(for 2009) 19440-19458 $128,951.64 01/29/2010 19459-19546 8353,061.03 02/03/2010 Payroll vouchers: 3070-3072; 3083, $211,907.07 19547-19551 GRAND TOTAL $1,206,314.33 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist 01/15/2010 9:45:40AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19357 1/15/2010 000335 ALTON'S TIRE INC. 80800022 TIRES:03 CHEVY 810 402.74 8080002789 TIRES: CHEVY S10 447.93 8080002873 SUPER STARTER: 03 CHEVY S10 331.96 8080002884 OIL CHANGE:08 CHEVY COLORAD 43.63 Total : , 1,226.26 19358 1/15/2010 000135 APA 202975-091004PBM MEMBERSHIP 350.00 Total : 350.00 19359 1/15/2010 002214 ARTCRAFT PRINTING 62413 Sheets of Business Card Masters 505.46 Total : 505.46 19360 1/15/2010 001938 BERGER/ABAM ENGINEERS INC 16387 PROFESSIONAL SVCS: PLANNING 17,925.30 Total : 17,925.30 19361 1/15/2010 000101 CDW-G RFT9983 UPS FOR COMPUTER EQUIPMENT 141.30 Total : 141.30 19362 1/15/2010 000508 CONOCOPHILLIPS FLEET 870166725912 09: FLEET FUEL BILL 1,700.77 Total : 1,700.77 19363 1/15/2010 001157 COUNTRY HOMES POWER EQUIP 512502 POWER EQUIPMENT 134.46 Total : 134.46 19364 1/15/2010 000235 DATA BASE RECORDS DESTRUCTION 51379 SHREDDING CHARGES 123.60 Total : 123.60 19365 1/15/2010 000683 DAVID EVANS&ASSOCIATES 283212 Project SPKV0000-0011:Long-Short I 2,888.00 Total : 2,888.00 19366 1/15/2010 000165 DEPT OF RETIREMENT SYSTEMS 780382 RETIREMENT CONTRIBUTIONS 150.09 Total : 150.09 19367 1/15/2010 001829 EVANS CRAVEN&LACKIE, PS 34842 LEGAL SERVICES 1,332.94 Total : 1,332.94 19368 1/15/2010 000002 H&H BUSINESS SYSTEMS INC. December2009 COPIER COST 1,334.88 Page: 1 vchlist 01115/2010 9:45:40AM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19368 1/15/2010 000002 000002 H & H BUSINESS SYSTEMS INC. (Continued) Total : 1,334.88 19369 1/15/2010 000505 H& H FINANCIAL SERVICES INC. DEC 2009 LEASE PAYMENT 954.39 Total : 954.39 19370 1/15/2010 000259 HUMANIX INC. 172914 STAFFING SERVICE: LASERFICHE 454.40 Total : 454.40 19371 1/15/2010 002187 JENNIFERS AUTO SERVICE 5654 OXYGEN SENSORS:32809D 265.37 Total : 265.37 19372 1/15/2010 001439 K&L GATES LOCKHART 2017478 LEGAL SERVICES THROUGH JULY 576.00 Total : 576.00 19373 1/15/2010 001669 MCGEE, MARY KATE EXPENSES TRAVEL EXPENSES 28.00 Total : 28.00 19374 1/15/2010 001035 NETWORK DESIGN&MANAGEMENT 17504 DECEMBER SYSTEM MAINTENANC 3,120.00 Total : 3,120.00 19375 1/15/2010 000652 OFFICE DEPOT INC. 483697549001 OFFICE SUPPLIES: COUNCIL 65.19 498113379001 REFUND ON INV#497833145001 -33.59 502041491001 OFFIEC SUPPLIES: COUNCIL 130.43 502041612001 OFFICE SUPPLIES; OPS&ADMIN/F 104.22 502051527001 OFFICE SUPLLIES:OPS&ADMIN 162.01 Total : 428.26 19376 1/15/2010 000512 OFFICETEAM 30476872 STAFFING SVCS: LASERFICHE 513.45 Total : 513.45 19377 1/15/2010 001089 POE ASPHALT PAVING, INC. 43169 42484 POE CONTRACT 09-050 WINTER SI 50,847.27 43170 42484 POE CONTRACT 09-050 WINTER SI 38,830.06 43172 42281 CONTRACT 09-003 29,838.51 43173 42281 CONTRACT 09-003 9,213.44 Total : 128,729.28 19378 1/15/2010 000952 RECALL DESTRUCTION SVC 3901103502 DOCUMENT DESTRUCTION 22.03 Total : 22.03 Page: 2 vchlist 01/1512010 9:45:40AM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19379 1/15/2010 000064 SCHIMMELS, GARY 19380 1/15/2010 000230 SPOKANE CO AUDITORS OFFICE 19381 1/15/2010 000090 SPOKANE CO INFO SYSTEMS 19382 1/15/2010 000093 SPOKESMAN-REVIEW EXPENSES DECEMBER 2009 50305088 163493 19383 1/15/2010 000939 SPRAGUE&SULLIVAN MINISTORAGE 17916 19384 1/15/2010 000065 STAPLES BUSINESS ADVANTAGE 19385 1/15/2010 002109 THORCO INC. 19386 1/15/2010 002185 URS CORPORATION 19387 1/15/2010 000087 VERIZON WIRELESS 31 Vouchers for bank code: apbank 31 Vouchers in this report 8014383091 1731819 4180158 6360820923 MILEAGE EXPENSE RECORDING FEES COUNTY IT SUPPORT ADVERTISING FINAL BILL: 1P48 OFFICE SUPPLIES Total : Total : Total : Total : Total : Total : SIGNAL REPAIR: BROADWAY AND Total : PROFESSIONAL SERVICES Total : BROADBADN SERVICES Total : Bank total : Total vouchers : 55.55 55.55 1,254.00 1,254.00 17,393.51 17,393.51 158.86 158.86 78.87 78.87 1,855.29 1,855.29 10,450.00 10,450.00 9,800.00 9,800.00 478.69 478.69 204,429.01 204,429.01 Page: 3 vchlist 01115/2010 9:45:40AM Voucher List Page: 4 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 4 vchlist Voucher List Page: 1 01/2012010 4:14:00PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 3057 1/20/2010 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben32096 401A:Payment 27,944.88 Total: 27,944.88 3058 1/20/2010 000162 VANTAGE TRANSFER AGENTS,401A EXEC P Ben32098 401 EXEC PLAN:Payment 1,315.22 Total: 1,315.22 3059 1120/2010 000145 VANTAGEPOINT TRANSFER AGENTS,457 PL Ben32100 457 DEFERRED COMPENSATION:Payn 3,983.93 Total: 3,983.93 3060 1/20/2010 000682 EFTPS Ben32102 FEDERAL TAXES:Payment 28,672.22 Total: 28,672.22 19388 1/20/2010 001169 CITY OF SPOKANE VALLEY Ben32094 GW DED REIMB. BEBOUT,NOTE,KLEIN, 133.02 Total: 133.02 5 Vouchers for bank code: apbank Bank total: 62,049.27 5 Vouchers In this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that t am authorized to authenticate and certify to said claim. Finance Director Date Total vouchers: 62,049.27 Page: 1 vchlist 01/22/2010 10:09:30AM Voucher List Spokane Valley X009 Page: 1 Bank code: Voucher 19389 19390 19391 19392 apbank Date Vendor Invoice PO# Description/Account 1/22/2010 001081 ALSCO 1/22/2010 002241 AMERICAN WEST ROOFING 1/22/2010 000334 ARGUS JANITORIAL LLC 1/22/2010 001606 BANNER BANK 19393 1/22/2010 002242 BARAC,ADRIAN 19394 1/22/2010 000918 BLUE RIBBON LINEN SUPPLY INC 19395 1/22/2010 000572 CARTER,CAROL 19396 1/22/2010 000101 CDW-G 19397 1/22/2010 000143 CITY OF SPOKANE Dec 2009 December 2009 004595 0620 0638 2674 4375 4383 4458 4474 4720 6527 8861 Expenses 9082372 Expenses FRS6595 RCQ8364 RGT7315 NOV 2009 FLOOR MATS: SHERIFF Total : ROOF REPAIR: CENTERPLACE Total : JANITORIAL SVCS: DECEMBER 20( Total : DEC 09:0620 DEC 09:0638 DEC 09:2674 DEC 09:4375 DEC 09:4383 DEC 09:4458 DEC 09:4474 DEC 09:4720 DEC 09:6527 DEC 09:8861 Total : EMPLOYEE REIMBURSEMENT Total : LINEN SERVICE AND SUPPLY:CP Total : EXPENSE REIMBURSEMENT Total : LAPTOP FOR PUBLIC INFO OFFICE 42515 42513 LAPTOP FOR DEPT CITY ATTY CREDIT MEMO Total : Amount 39.52 39.52 2,826.20 2,826.20 2,165.23 2,165.23 285.00 155.00 22.00 135.00 25.00 1,600.22 943.79 422.96 1,727.47 17.73 5,334.17 19.54 19.54 150.58 150.58 232.09 232.09 902.20 931.65 -1,031.54 802.31 TRANSFER STATION: PW 1,274.51 Page: 1 vchlist 01/2212010 10:09:30AM Voucher List Spokane Valley Page: 2 Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account 19397 1/22/2010 000143 000143 CITY OF SPOKANE 19398 1/22/2010 001169 CITY OF SPOKANE VALLEY 19399 1/22/2010 000571 CODE PUBLISHING CO 19400 1/22/2010 002236 DEPT OF COMMERCE 19401 1/22/2010 000409 DEPT OF REVENUE 19402 1/22/2010 000734 DEPT OF TRANSPORTATION 19403 1/22/2010 000912 DEX MEDIA WEST 19404 1/22/2010 001753 DINGUS,ZARECOR&ASSOC 19405 1/22/2010 002213 ED KA MANUFACTURING INC. 19406 1/22/2010 002157 ELJAY OIL COMPANY 19407 1/22/2010 001232 FASTENAL CO PURCHASING 19408 1/22/2010 001253 GORDON THOMAS HONEYWELL (Continued) Dec 2009 Dec 2009 Dec 2009 Dec 2009 34554 001 002 4th Qtr 2009 RE-313-ATB90915065 December 2009 December 2009 Dec 2009 9523 DEC 2009 IDLEW65682 Dec 1042 Total : PETTY CASH:6938 PETTY CASH: 7320, 7322,7323, 73; PETTY CASH:6937 PETTY CASH: 7626, 7628,7629 Total : MUNICIPAL CODE UPDATE PROFESSIONAL SERVICES PROFESSIONAL SERVICES Total : Total : LEASEHOLD EXCISE TAX RETURN Total : SIGNAL&ILLUMINATION MAIN Total : ADVERTISING: SENIOR CENTER ADVERTISING: CP PROFESSIONAL SERVICES Total : Total : 42514 ED KA SNOW PLOW SPRINGS Total : 42245 OIL FOR SNOWPLOW TRUCKS Total : FASTENAL BLANKET PO LOBBYIST SERVICES Total : Amount 1,274.51 16.07 3.25 2.76 42.25 64.33 1,356.71 1,356.71 3,597.62 33,513.18 37,110.80 4,594.12 4,594.12 4,178.72 4,178.72 36.80 242.10 278.90 894.00 894.00 13,286.35 13,286.35 8.59 8.59 315.84 315.84 3,019.87 Page: 2 vchlist 01/22/2010 10:09:30AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 19408 1/22/2010 001253 001253 GORDON THOMAS HONEYWELL (Continued) 19409 1/22/2010 002196 HOLTEN, MELISSA 19410 1/22/2010 000441 HOME DEPOT CREDIT SERVICES 19411 1/22/2010 000715 HSBC BUSINESS SOLUTIONS 19412 1/22/2010 000259 HUMANIX INC. 19413 1/22/2010 002183 HYDROCAD SOFTWARE SOL. LLC 19414 1/22/2010 000070 INLAND POWER&LIGHT CO 19415 1/22/2010 001635 ISS FACILITY/EVENT SERVICES 19416 1/22/2010 000788 MEDIA JOE, INC. 19417 1/22/2010 000258 MICROFLEX INC. Expenses 5013395 075415 172700 18507 94202 22077 22130 22215 42494 MILEAGE REIMBURSEMENT SUPPLIES: CENTERPLACE SUPPLIES: CP Total : Total : Total : Total : STAFFING SERVICE: LASERFICHE Total : HYDROCAD SOFTWARE UT1LITIES:PW DEC 09 EVENT SVCS: CP EVENT SVCS: CP EVENT SVCS: CP Total : Total : Total : 3125 42462 NEW AN PODIUM FOR CENTERPL Total : 19000 TAXTOOLS SOFTWARE DEC 2009 Total : 19418 1/22/2010 002203 NAPA AUTO PARTS December 2009 19419 1/22/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC 4th Qtr 2009 CAM 19420 1/22/2010 000652 OFFICE DEPOT INC. 42512 NAPA AUTO PART FOR PW Total : 4TH QTR 2009 CAM CHARGES Total : 498113380001 OFFICE SUPPLIES Amount 3,019.87 7.43 7.43 60.97 60.97 57.25 57.25 568.00 568.00 1,205.00 1,205.00 447.42 447.42 496.26 218.66 29.56 744.48 16,764.58 16,764.58 343.83 343.83 1,980.85 1,980.85 1,666.54 1,666.54 45.65 Page: 3 vchlist 01122/2010 10:09:30AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 19420 1/22/2010 000652 000652 OFFICE DEPOT INC. 19421 19422 1/22/2010 000307 OFFICE OF THE STATE TREASURER 1/22/2010 000058 OMA 19423 1/22/2010 002193 QSCEND TECHNOLOGES, INC 19424 1/22/2010 000322 QWEST 19425 1/22/2010 000709 SENSKE LAWN&TREE CARE INC. 19426 1/22/2010 002240 SHOPLET.COM 19427 1/22/2010 001731 SNEDA (Continued) December 2009 Dec 2009 3557 509-924-4707 470B 3736532 1262104768 10203 19428 1/22/2010 000733 SOFTWARE HOUSE INTERNATIONAL 836E7 19429 1/22/2010 000779 SOUTHARD, BRAD 19430 1/22/2010 000308 SPOKANE CO PROSECUTING ATTY 19431 1/22/2010 000324 SPOKANE CO WATER DIST#3 December 2009 DEC 2009 Dec 2009 19432 1/22/2010 000451 SPOKANE REG SPORTS COMMISSION 4th Qtr 2009 42517 STATE REMITTANCE Total : Total : FITNESS EXAM FOR EMPLOYEE Total : 2ND INSTALLMENT Total : PHONE SERVICE:TERRACE VIEW Total : CONTRACT MAINT: PRECINCT Total : OFFICE SUPPLIES: SUE PASSMOR Total : 2ND HALF OF 2009 GRANT: OUTSII Total : Total : Total : Total : Total : SOFTWARE PROTECTION DEAD ANIMAL PICKUP CRIME VICTIMS COMP FUND WATER CHARGES: PW LODGING TAX REIMBURSEMENT- Total : 19433 1/22/2010 000081 STATE OF WASHINGTON 4th Qtr 2009 RETAILING&OTHER ACTIVITIES R Amount 45.65 86,530.88 86,530.88 180.00 180.00 7,600.00 7,600.00 109.32 109.32 70.66 70.66 55.71 55.71 1,500.00 1,500.00 3,496.00 3,496.00 695.00 695.00 1,135.88 1,135.88 8.96 8.96 31,368.74 31,368.74 2,366.73 Page: 4 vchlist 01/22/2010 10:09:30AM Voucher List Spokane Valley Page: 5 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19433 1/22/2010 000081 000081 STATE OF WASHINGTON 19434 1/22/2010 002188 VALLEY BEST-WAY BLDG SUPPLY 19435 1/22/2010 001752 VALLEY MEALS ON WHEELS 19436 1/22/2010 000167 VERA WATER&POWER 19437 1/22/2010 000038 WASTE MANAGEMENT OF SPOKANE 19438 1/22/2010 000676 WEST 19439 1/22/2010 001074 ZEE MEDICAL 51 Vouchers for bank code : apbank 51 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date (Continued) 013575 Dec 2009 December 2009 0050228-1518-5 2617920-2681-5 2617921-2681-3 2617922-2681-1 819769893 0161332714 42498 TOOLS& EQUIPMENT Total : 2,366.73 407.32 Total : 407.32 2,750.00 Total : 2,750.00 2,508.19 Total : 2,508.19 598.86 732.85 285.27 175.70 1,792.68 562.47 Total : 562.47 933.39 933.39 245,916.31 245,916.31 OUTSIDE AGENCY REIMBURSEME UTILITIES: DEC 2009 WASTE MGMT: PW WASTE MGMT: CENTERPLACE WASTE MGMT: PRECINCT WASTE MGMT: MAINT FACILITY Total : LEGAL SUBSCRIPTION MEDICAL SUPPLIES Total : Bank total : Total vouchers : Page: 5 vchlist 01/28/2010 5:48:11PM Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19440 1/28/2010 000958 AAA SWEEPING, LLC DECEMBER 2009 RETAINAGE RELEASE 28,786.87 Total : 28,786.87 19441 1/28/2010 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-01 CRY WOLF CAHRGES 216.25 Total : 216.25 19442 1/28/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9078563 LINEN SERVICE AND SUPPLY:CP 150.58 Total : 150.58 19443 1/28/2010 001169 CITY OF SPOKANE VALLEY Nov 2009 PETTY CASH:7309,7311 17.87 Total : 17.87 19444 1/28/2010 001048 CITY PARCEL 12290073 COURIER SERVICE: CD 9.37 Total : 9.37 19445 1/28/2010 000246 EAST SPOKANE WATER DIST#1 DECEMBER 2009 UTILITY-WATER 240.00 Total : 240.00 19446 1/28/2010 002157 ELJAY OIL COMPANY 4161837 OIL PRODUCTS FOR SNOW PLOW 2,250.65 Total : 2,250.65 19447 1/28/2010 000746 EMPLOYMENT SECURITY DEPT 21715600 2 4TH QTR 2009 7,250.53 Total : 7,250.53 19448 1/28/2010 001859 FINANCIAL FORENSICS 3304 DECEMBER 09: FINANCIAL ANALY: 7,801.72 Total : 7,801.72 19449 1/28/2010 000864 JUB ENGINEERS, INC. 0062649 TIP MAINT AND UPDATES SUPPOR 7,196.15 Total : 7,196.15 19450 1/28/2010 000132 MODERN ELECTRIC WATER CO 04500-01 UTILITIES 12,957.58 Total : 12,957.58 19451 1/28/2010 001089 POE ASPHALT PAVING, INC. DECEMBER 2009 RETAINAGE RELEASE 52,121.59 Total : 52,121.59 19452 1/28/2010 000733 SOFTWARE HOUSE INTERNATIONAL 836e7 SOFTWARE PROTECTION 304.15 Page: 1 vchlist 01/28/2010 5:48:11 PM Voucher List Spokane Valley Page: 2 Bank code: Voucher 19452 19453 19454 19455 19456 19457 19458 apbank Date Vendor Invoice PO# Description/Account Amount 1/28/2010 000733 000733 SOFTWARE HOUSE INTERNATIONF (Continued) 1/28/2010 000898 SPOKANE PROCARE 1/28/2010 000420 SPOKANE REGIONAL HEALTH DIST 1/28/2010 000391 SPOKANE VALLEY FIRE DIST.#1 DECEMBER 2009 4th QTR 2009 DEC 2009 1/28/2010 001083 STANDARD PLBG HEATING CONTROLS 27348 1/28/2010 000419 SUMMIT LAW GROUP 1/28/2010 000152 WSDOT 19 Vouchers for bank code: apbank 19 Vouchers in this report I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date 44983 RE-313-ATB00112061 R E-313-ATB00112063 RE-313-ATB00112072 RETAINAGE RELEASE Total : 304.15 2,865.18 Total: 2,865.18 159.00 Total : 159.00 840.00 Total : 840.00 506.63 Total : 506.63 48.00 Total : 48.00 2,119.23 2,896.69 213.60 5,229.52 128,951.64 128,951.64 4TH QTR 2009:WATER TESTING 3RD QTR 2009: FIRE CODE FEES DEC 2009 MONTHLY MAINT PRECII PROFESSIONAL SERVICE STATE ROUTE ROADWAY MAINT. SIGNAL&ILLUMINATION MAIN INTELLIGENT TRAFFIC SYSTEMS Total : Bank total : Total vouchers : Page: 2 vchlist 01/2912010 2:47:06PM Voucher List Spokane Valley Page: 1 Bank code : apbank Voucher Date Vendor 19459 1/29/2010 001873 ACME CONCRETE PAVING INC 19460 1/29/2010 001534 ALL PRINT 19461 1/29/2010 000150 ALLIED FIRE&SECURITY 19462 1/29/2010 001081 ALSCO 19463 1/29/2010 001715 AMERICAN RED CROSS 19464 1/29/2010 000135 APA 19465 1/29/2010 000050 APA-INLAND EMPIRE SECTION 19466 1/29/2010 001473 APWA 19467 1/29/2010 000659 ASCE INLAND EMPIRE 19468 1/29/2010 000030 AVISTA Invoice CIP No 0103 CIP No 0103 12157 RCB 1020932 LSP0733269 LSPO740154 JAN 2010 JANUARY 2010 067348-091101 076184-091101 096840-091101 101794-100113 PO# DescriptionlAccount Amount 2010 APA 672486 ASE 2010 SEMINAR 010119017 410069444 42371 CONSTRUCTION SVCS FOR SPRA( RETAINAGE RELEASE BUSINESS CARDS Total : Total : QUARTERLY MONITORING: CENTE Total : FLOOR MATS:CITY HALL FLOOR MATS:CITY HALL CPR/1ST AID CLASS BABYSITTING TRAINING Total : Total : 2010 APA ANNUAL MEMBERSHIP: F 2010 APA ANNUAL MAMBERSHIP: F 2010 APA ANNUAL MEMBERSHIP: F 2010 APA ANNUAL MEMBERSHIP: I Total : AUDIO/WEB CONFERENCE: G MCC Total : 2010 APWA MEMBERSHIP:SI.WOF Total ASCE HEC-RAS TRAINING SEMINA Total : UTILITIES: PARKS MASTER AVISTA UTILITIES: PW MASTER AVISTA Total : 1,152.00 29,359.94 30,511.94 505.46 505.46 111.00 111.00 19.69 19.69 39.38 440.00 210.00 650.00 280.00 345.00 350.00 90.00 1,065.00 290.00 290.00 151.00 151.00 200.00 200.00 8,050.00 23,134.75 31,184.75 Page: 1 vchlist 01/29/2010 2:47:06PM Voucher List Page: 2 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19469 1/29/2010 000277 AWC 2010 AWC MEMBERSHIP 2010 AWC DRUG&ALCOHOL MEM 180.00 Total : 180.00 19470 1/29/2010 000485 BARTON JEEP INC. 08630 VEHICLE REPAIR: 38904D 148.80 Total : 148.80 19471 1/29/2010 000841 BCI CREATIVE INC 9558 LOGO PENS: CP 589.08 9569 WEBSITE DESIGN: CP 5.00 Total : 594.08 19472 1/29/2010 001409 BEST LINE 053101212010 ANSWERING SVC: CP 22.00 Total : 22.00 19473 1/29/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9084257 LINEN SERVICE AND SUPPLY:CP 150.58 9086160 LINEN SERVICE AND SUPPLY:CP 150.58 Total : 301.16 19474 1/29/2010 000796 BUDINGER&ASSOC INC M08218-12 42110 GEOTECH&MATERIALS TESTING 264.70 P09303-2 42500 GEOTECH SVCS FOR PROJECT#0 351.90 Total : 616.60 19475 1/29/2010 001122 CAMERON-REILLY, LLC C1P NO. 0098 RETAINAGE RELEASE 2,489.36 Total : 2,489.36 19476 1/29/2010 000572 CARTER,CAROL EXPENSES BRIDAL SHOW EXPENSES 31.00 Total : 31.00 19477 1/29/2010 000863 CENTURY WEST ENG CORP 231471 CONTRACT NO. 09-001:2009 TIP S 4,676.07 Total : 4,676.07 19478 1/29/2010 000729 CH2MHILL INC 3730833 41025 0003-BARKER ROAD BRIDGE 27,490.01 3731597 42433 PARK RD RECON 0069 ENG SVCS 49,652.91 Total : 77,142.92 19479 1/29/2010 001780 CLC ASSOCIATES, INC 30028 42488 SURVEY SERVICES FOR PROJECT 6,508.00 30331 42488 SURVEY SERVICES FOR PROJECT 12,459.50 Total : 18,967.50 Page: 2 vchlist 01/2912010 2:47:06PM Voucher List Spokane Valley Page: 3 Bank code : Voucher 19480 19481 19482 19483 19484 19485 19486 19487 19488 19489 19490 19491 apbank Date Vendor Invoice PO# Description/Account Amount 1/29/2010 000571 CODE PUBLISHING CO 1/29/2010 000109 COFFEE SYSTEMS INC 1/29/2010 001148 COLUMBIA PAINT&COATINGS 1/29/2010 001888 COMCAST 1/29/2010 000326 CONSOLIDATED IRRIGATION#19 1/29/2010 000603 CONTRACT DESIGN ASSOC INC 1/29/2010 002248 CRAIG, LAWRENCE 1/29/2010 000683 DAVID EVANS&ASSOCIATES 1/29/2010 001194 DEPT OF ECOLOGY 34697 3820:042827 3820:044145 1673-3 January 2010 JAN 2010 28222 10000152 REFUND 285144 2010-WAR046507 1/29/2010 000912 DEX MEDIA WEST JANUARY 2010 JANUARY 2010 1/29/2010 001877 1/29/2010 001881 DOBBINS,CHRIS DOMRESE, DAN EXPENSES EXPENSES MUNICIPAL CODE UPDATE Total : COFFEE SERVICE COFFEE SUPPLIES: CENTERPLACI Total : SUPPLIES:CP HIGH SPEED INTERNET UTILITIES: PARKS Total : Total : Total : CAPER CHAIRS FOR STREET MAIN Total : REFUNDING MECHANICAL PERMIT Total : 42485 TOPOGRAPHIC SURVEY FOR PRO, Total : STORMWATER PERMIT Total : ADVERTISING: SENIOR CENTER ADVERTISING: CP MAINT SUPPLIES Total : Total : MEMBERSHIP FEES&CONFERENC Total : 722.70 722.70 32.61 49.35 81.96 605.05 605.05 108.95 108.95 83.69 83.69 3,125.56 3,125.56 50.00 50.00 249.55 249.55 1 0,769.00 1 0,769.00 74.60 487.83 562.43 43.58 43.58 290.00 290.00 Page: 3 vchlist 01/29/201,0 2:47:06PM Voucher List Page: 4 Spokane Valley Bank code • apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19492 1/29/2010 002251 DRAPER,CAROL REFUND \DEPOSIT REFUND 52.00 Total : 52.00 19493 1/29/2010 002245 DUNCAN,SHAWN&SANDRA CIP NO 0088 ROW ACQUISITIONS/BRAODWAY/ 3,950.00 Total : 3,950.00 19494 1/29/2010 000795 EARTHWORKS RECYCLING, INC. 24510 RECYCLING COLLECTION 27.50 Total : 27.50 19495 1/29/2010 001846 ECOPLAN-DESIGN 199 42177 LANDSCAPE ARCHITECTURAL SEF 9,110.24 Total : 9,110.24 19496 1/29/2010 002075 ENVIROTECH SERVICES CD201006531 42521 ICE SLICER-THE ORDER FULFILLI 4,486.92 CD201006532 42521 ICE SLICER-THE ORDER FULFILLI 4,645.38 CD2010066530 42521 ICE SLICER-THE ORDER FULFILLI 4,731.56 Total : 13,863.86 19497 1/29/2010 002246 ESTATE OF PAUL H. GILLESPIE CIP NO 0088 ROW ACQUISITIONS/BRAODWAY/ 13,800.00 Total : 13,800.00 19498 1/29/2010 001859 FINANCIAL FORENSICS 3319 JANUARY 2010: FINANCIAL ANALY: 4,502.00 Total : 4,502.00 19499 1/29/2010 002247 FOLSOM, ELEANOR 16975 REFUND SHORT PLAT REFUND 984.00 Total : 984.00 19500 1/29/2010 001447 FREE PRESS PUBLISHING INC 33502 LEGAL PUBLICATION 90.10 33503 LEGAL PUBLICATION 76.50 33504 LEGAL PUBLICATION 29.75 33505 LEGAL PUBLICATION 48.45 33506 LEGAL PUBLICATION 102.85 33531 LEGAL PUBLICATION 90.10 33542 LEGAL PUBLICATION 91.80 33543 LEGAL PUBLICATION 73.10 33544 LEGAL PUBLICATION 25.00 33545 LEGAL PUBLICATION 25.00 33559 LEGAL PUBLICATION 97.75 33560 LEGAL PUBLICATION 68.00 Page: 4 vchlist 01/29/2010 2:47:06PM Voucher List Page: 5 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19500 1/29/2010 001447 FREE PRESS PUBLISHING INC (Continued) 33561 LEGAL PUBLICATION 90.95 Total : 909.35 19501 1/29/2010 002250 GARCIA, SHARON REFUNDREFUND REFUND GREAT ROOM, SMALL DlP 2,523.00 Total : 2,523.00 19502 1/29/2010 001003 GEOENGINEERS INC 0104733 42486 GEOTECH SVCS FOR PROJECT#0 1,946.81 Total : 1,946.81 19503 1/29/2010 002235 GRAFOS, DEAN EXPENSES AWC CONFERENCE 25.00 Total : 25.00 19504 1/29/2010 000007 GRAINGER 9161335352 42528 2010 SMALL TOOLS&EQUIP 69.14 9161335360 42528 2010 SMALL TOOLS&EQUIP 30.08 Total : 99.22 19505 1/29/2010 000011 GREATER SPOKANE VALLEY 71295 ANNUAL MEMBERSHIP DUES: CP 650.00 Total : 650.00 19506 1/29/2010 001728 HP FINANCIAL SERVICES CO JAN 2010 LEASE PYMT 2,441.42 Total : 2,441.42 19507 1/29/2010 000259 HUMANIX INC. 172978 STAFFING SERVICE: LASERFICHE 568.00 173044 STAFFING SERVICE: LASERFICHE 568.00 Total : 1,136.00 19508 1/29/2010 000022 INLAND BUSINESS PRODUCTS, INC. 57172 EMPLOYEE PHOTO ODS-HR 23.91 Total : 23.91 19509 1/29/2010 000388 IRVIN WATER DIST.#6 JAN 2010 UTILITIES: PARKS 166.00 Total : 166.00 19510 1/29/2010 001635 ISS FACILITY/EVENT SERVICES 22214 JANUARY MONTHLY JANITORIAL S 7,136.00 22277 EVENT SVCS: CP 49.26 22291 EVENT SVCS: CP 29.56 Total : 7,214.82 Page: 5 vchlist 01/2912010 2:47:06PM Voucher List Spokane Valley Page: 6 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 19511 19512 19513 19514 19515 1/29/2010 000252 LOWE'S BUSINESS ACCOUNT 1/29/2010 001684 MARKETING SOLUTIONS NW 1/29/2010 002249 MATTESON,CONNIE 1/29/2010 002218 MOTOROLA INC JAN 2010 CP 1/20/10 REFUND 13769533 1/29/2010 000971 NORTHWEST IMAGES PHOTOGRAPHY, A 41468 A 41476 19516 1/29/2010 000121 NORTHWEST MAILING, INC 19517 1/29/2010 001597 NUMARA SOFTWARE INC. 19518 1/29/2010 000652 OFFICE DEPOT INC. 19519 1/29/2010 000512 OFFICETEAM 19520 1/29/2010 002243 ORBITCOM 77874 42520 OPERATING SUPPLIES: CP ADVERTISING: CP Total : Total : REFUND VIDEO GAME PROGRAM Total : MOTOROLA Total : COUNCILMEMBER PORTRAIT COUNCILMEMBER PORTRAIT Total : SEALING SOLUTION Total : 412533 42533 2 year renewal for Numara Track-It Total : 1171172478 503431543001 503991757001 503991819001 504178230001 30511833 30548141 00304209 OFFICE SUPPLIES OFFICE SUPPLIES:CP OFFICE SUPPLIES OFFICE SUPPLIES:TONER OFFICE SUPPLIES: FINANCE Total : STAFFING SVCS: LASERFICHE STAFFING SVCS: LASERFICHE Total : EITHERNET:JANUARY 2010 Total : 19521 1/29/2010 000019 PURRFECT LOGOS, INC. 25025 SIGN PLATES FOR COUNCILMEMB Amount 165.66 165.66 4,162.95 4,162.95 115.00 115.00 7,425.25 7,425.25 81.40 32.53 113.93 41.25 41.25 1,954.43 1,954.43 130.41 58.75 130.43 36.05 2.73 358.37 513.45 521.60 1,035.05 625.00 625.00 97.50 Page: 6 vchlist 01/29/2010 2:47:06PM Voucher List Page: 7 Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 19521 1/29/2010 000019 000019 PURRFECT LOGOS, INC. (Continued) Total : 97.50 19522 1/29/2010 000322 QWEST JAN 2010 JAN PHONE SERVICE 367.33 Total : 367.33 19523 1/29/2010 000601 RERC RENEWAL FALL 09/SPRING 2010 SUBSCRIPT! 50.00 Total : 50.00 19524 1/29/2010 000935 SERVICE PAPER CO 30461099 SUPPLIES FOR CENTERPLACE 1,087.74 Total : 1,087.74 19525 1/29/2010 001892 SKILLINGS CONNOLLY INC 6383 42230 REAL ESTATE SERVICES CIP 0088 11,228.84 Total : 11,228.84 19526 1/29/2010 001174 SPACESAVER NW 11482 LABELS: CD 666.73 Total : 666.73 19527 1/29/2010 001893 SPOKANE CO CONSERVATION DIST Jan 2010 MITIATION FEES: BARKER ROAD B 32,000.00 Total : 32,000.00 19528 1/29/2010 000323 SPOKANE CO UTILITIES JAN 2010 SPOKANE COUNTY SEWER 1,599.64 Total : 1,599.64 19529 1/29/2010 000324 SPOKANE CO WATER DIST#3 JAN 2010 WATER CHARGES: PW 32.95 Total : 32.95 19530 1/29/2010 001992 SPOKANE HOTEL MOTEL ASSOC 853 LUNCHES-CP 295.00 Total : 295.00 19531 1/29/2010 000391 SPOKANE VALLEY FIRE DIST.#1 REGISTRATION SVFD EMPLOYEE RECOGNITION D 43.00 Total : 43.00 19532 1/29/2010 000939 SPRAGUE&SULLIVAN MINISTORAGE 15990 JAN RENT— 1L46 57.29 Total : 57.29 19533 1/29/2010 000311 SPRINT 326088106-026 JANUARY WAPS FOR LAPTOPS 549.89 959698810-026 JANUARY—SPRINT CELL PHONES 1,616.43 Total : 2,166.32 Page: 7 vchlist 01/29/2010 2:47:06PM Voucher List Spokane Valley Page: 8 Bank code: apbank Voucher Date Vendor 19534 1/29/2010 000202 SRCAA 19535 1/29/2010 002110 TARGET MEDIA N.W. PUBLISHING 19536 1/29/2010 000468 TRANSOFT SOLUTIONS INC. 19537 1/29/2010 002215 VANGUARD CLEANING SYSTEMS 19538 1/29/2010 001618 VIKING CONSTRUCTION 19539 1/29/2010 000140 WALTS MAILING SERVICE Invoice 155 39023 PO# Description/Account Amount 1ST QTR 2010 PRINTING: HOT TOPIC Total : Total : 54091 TRANSOFT TORUS SOFTWARE WI Total : 11651 08002310 REFUND WINTER MAINT FACILITY Total : REFUND COST OF SWALE DEPOSI Total : 23025 INFORMATIONAL SELF-MAILER 23074 PROJECT UPDATE—BARKER BRID Total : 19540 1/29/2010 000038 WASTE MANAGEMENT OF SPOKANE 2640827-2681-3 2640828-2681-1 2640829-2681-9 19541 1/29/2010 000676 WEST 19542 1/29/2010 001792 WHITEHEAD,JOHN 19543 1/29/2010 001949 WILSON, SAYDEE 19544 1/29/2010 000711 WMCA TREASURER 19545 1/29/2010 000089 XO COMMUNICATIONS 819902167 EXPENSEES EXPENSES 2010 WMCA 0233988290 WASTE MGMT: CENTERPLACE WASTE MGMT: PRECINCT WASTE MGMT: PW LEGAL SUBSCRIPTION Total : Total : WA PUBLIC EMPLOYER LABORER Total : WSCPA CONFRENCE Total : 2010 WMCA CONFERENCE:ACOST Total : INTERNET/DATA LINES:JANUARY: Total : 28,771.00 28,771.00 702.69 702.69 1,675.00 1,675.00 150.00 150.00 1,500.00 1,500.00 749.32 314.10 1,063.42 733.23 285.27 173.79 1,192.29 733.74 733.74 63.77 63.77 205.00 205.00 850.00 850.00 241.00 241.00 Page: 8 vchlist 01/29/2010 2:47:06PM Voucher List Page: 9 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19546 1/29/2010 001885 ZAYO BANDWIDTH LLC January 2010 DARK FIBER LEASE 228.27 Total : 228.27 88 Vouchers for bank code: apbank Bank total : 353,061.03 88 Vouchers in this report Total vouchers: 353,061.03 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 9 vchlist 02/0312010 11:41:32A M Voucher List Spokane Valley Page: 1 Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account 3070 2/5/2010 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben32312 3071 2/5/2010 000145 VANTAGEPOINT TRANSFER AGENTS,457 PL Ben32314 3072 2/5/2010 000682 EFTPS 3083 2/5/2010 000682 EFTPS 19547 2/5/2010 000120 AWC 19548 2/5/2010 001896 DANIEL H BRUNNER 19549 2/5/2010 000165 DEPT OF RETIREMENT SYSTEMS 19550 2/5/2010 002227 IDAHO TAX COMMISSION 19551 2/5/2010 000699 WA COUNCIL CO/CITY EMPLOYEES 9 Vouchers for bank code: 9 Vouchers in this report apbank Ben32316 Ben32320 8en32092 Ben 32302 Ben32318 8e n32310 Ben32304 Ben32308 Ben32306 401A:Payment Total: 457 DEFERRED COMPENSATION:Payn Total: FEDERAL TAXES:Payment FEDERAL TAXES:Payment Total: Total: REGENCE HEALTH PLAN(PRE-TAX):P HEALTH PLANS:PAYMENT HEALTH PLANS(COUNCIL):PAYMENT Total: MCCONVILLE,HOLTEN:09-00170,M 07- Total: PERS:Payment Total: IDAHO STATE TAX BASE:Payment Total: UNION DUES:Payment Total: Bank total: Total vouchers: Amount 28,294.72 28,294.72 3,930.42 3,930.42 27,445.52 27,445.52 1,187.32 1,187.32 2,357.34 95,778.38 5,451.79 103,587.51 325.00 325.00 43,079.03 43,079.03 1,931.20 1,931.20 2,126.35 2,126.35 211,907.07 211,907.07 yid/ Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-09-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending January 15, 2010: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 232,562.29 Benefits: $ 31,327.52 Total payroll $ 263,889.81 STAFF CONTACT: Raba Nimri ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 02-09-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending January 31, 2010: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 229,649.20 Benefits: $ 124,141.75 Total payroll $ 353,790.95 STAFF CONTACT: Raba Nimri ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Confirmation of Mayoral Revised Committee Appointments GOVERNING LEGISLATION: BACKGROUND: After Mayoral Committee appointment recommendations were confirmed by Council at the January 12, 2010 meeting, Councilmembers involved with the following noted committees have agreed to the proposed following changes: 1. Greater Spokane, Inc. (Formerly EDC): Confirm Mayor Towey in place of Councilmember Grafos (the Mayor is normally appointed to this committee). 2. Spokane Transit Authority: Confirm Councilmember Grafos in place of Mayor Towey. 3. International Trade Alliance: Confirm Councilmember Dempsey in place of Councilmember Grasse!. OPTIONS: 1. Confirm all or some of the Mayoral Appointments 2. Choose not to approve 3. Take other action deemed appropriate by council. RECOMMENDED ACTION OR MOTION: Move to confirm the revised Mayoral appointments as noted above for Greater Spokane, Inc., Spokane Transit Authority, and International Trade Alliance. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS None DRAFT MINUTES City of Spokane Valley City Council Executive Session Tuesday,January 12,2010 Attendance: Councilmembers: Staff: Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Dean Grafos, Councilmember Brenda Grassel, Councilmember Bob McCaslin, Councilmember EXECUTIVE SESSION: Mayor Towey called the meeting to order at 5:00 p.m. It was moved by Councilmember Gothmann, seconded and unanimously agreed to adjourn into Executive Session for approximately one hour to discuss land acquisition [RCW 42.30.110(1)(b]) and pending litigation[RCW 42.30.110(i)]; and that no action is anticipated thereafter. Council adjourned into executive session at 5:01 p.m. At approximately 6:03 p.m. Mayor Towey declared Council out of Executive Session; and it was moved by Councilmember Schimmels, seconded and unanimously agreed to adjourn. The executive session meeting adjourned at 6:04 p.m. Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes:01-12-10 Page 1 of 1 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, January 12, 2010 Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels,Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Neil Kersten,Public Works Director Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney Bob McCaslin, Councilmember Carolbelle Branch,Public Information Office Chris Bainbridge, City Clerk INVOCATION: Pastor Matthew Larson of Good Shepherd Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Gothmann, seconded and unanimously agreed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember McCaslin: no report Councilmember Grassel: reported that she attended the Association of Washington Cities (AWC) conference for newly elected officials held in downtown Spokane. Councilmember Schimmels said he could add to that that he spent a day and a half downtown, refreshing what we should be doing and what we shouldn't be doing. Councilmember Grafos: said he also attended the AWC conference. Councilmember Dempsey: said she attended the AWC training; attended the Spokane Regional Clean Air Agency and was named Chair of that Board, and mentioned the program available to assist low-income citizens when their cars don't pass emissions. Councilmember Gothmann: said he attended the Chamber's Government Affairs meeting where they discussed the legislative agenda; said he had phone conversations with elected officials concerning the Transportation Improvement Board(TIB) and the Governor's proposal to move the TIB into WSDOT (Washington State Department of Transportation); said he met with Mark Peters of the International Trade Alliance (ITA) where Mr. Peters voiced concern that his agency did not receive any funding and was wondering if this Council would re-consider; and mentioned the Governance Manual and he invited Councilmembers to submit ideas or concerns for changes. MAYOR'S REPORT: Mayor Towey reported that he attended the AWC training as well. Mayor Towey read the proclamation for Human Trafficking Awareness Day, which was received by Azra Grudic on behalf of the Lutheran Community Services Northwest; and she thanked Council for the opportunity to Council Regular Meeting 1-12-2010 Page 1 of 7 Approved by Council: DRAFT bring this awareness to the community. On the topic of the Advance Agenda, Mayor Towey mentioned the importance of setting a date and time in the near future for the retreat. Councilmember Grafos read the following statement: "Mr. Mayor. I would like to have the following six issues reviewed by staff and or the city attorney and brought before the council for discussion and a vote as soon as they can be put on the agenda. The City Attorney and staff to bring before the council the procedure needed to replace the City Manager with either an interim or permanent replacement for Dave Mercier. The procedure that must be followed by the council to allow voting by telephone by absent City Council members. The staff and or city attorney to update the council on the S.A.R.P. plan and the options available to the council to restore zoning entitlements in effect at City incorporation in 2004 and allow property owners to build under any enhanced zoning entitlements enacted by the city in 2007 and 2009. Update the council on the statue and options available to suspend or table negotiations, and expenditures on the purchase of property at University City. Update the council on the statue and options available at this time on the 2.9%property tax increase for 2010 voted in by the prior council. The staff to schedule a joint public meeting between the council and the County Commissioners to receive issue up-dates and the status of important issues to our citizens. These issues could include negotiations on the railroad right-a-way and the on-going contract talks with the Sheriffs dept. Thank you, Dean Grafos." Deputy City Manager Jackson said as per the Governance Manual, a consensus of three or more councilmembers is needed to place items on future agendas; and there was Council consensus to put the items mentioned by Councilmember Grafos, on upcoming agendas. PUBLIC COMMENTS: Mayor Towey invited general public comments. Margaret Mortz, 3420 S Ridgeview Drive: read the following statement: "I voted for Positive Change candidates. Last week an unannounced agenda change was made. Then, a vote was called immediately. This essentially prevented citizens who were not present from asking questions. The outcome of this vote will cost the city at least $175,000. This was done by a flawed process that was not compatible with open communications, and without written documentation of fiscal costs and benefits. This type of process leaves the door open for abuse. To prevent that, I believe that Council's required procedures should be legislated so that: (1) there will be "no surprises." Citizens can plan ahead to attend meetings based upon published agendas. This also allows citizens to "do their homework" and prepare written or verbal comments. (2) There will be "three touches." Citizens should have 3 opportunities to discuss this before the Council and in writing before a vote is taken. Although this process has been used in the past, the current council started their terms by ignoring these standards of conduct. Apparently,these "open governance" rules were optional behaviors. Consequently, I request that the Council formally adopt rules of conduct that force compliance. Specifically, the Council should declare that any future vote taken without honoring these rules of conduct will be null and void. I request that Council add an additional requirement before any public discussions and voting. I ask that the council show fiscal discipline and present written cost-benefit analyses for votes during at the beginning of the "3 touches" process. This fiscal analysis should include: the cost of proposed actions; sources of revenues to pay for any costs; processes and time required to recover from any expenses; a discussion of alternatives to the proposed actions with pros/cons; and risks involved in the action. My requests are consistent with the promises made by the "Positive Change" candidates. Here are reminders of those promises: From Dean Grafos (http://www.votedeangrafos.com/future,html): `We must always seek transparency and effective communication with the community. All voices must be heard, and all who work for the City should be accountable.' `Confrontation, litigation and limits on free speech are never acceptable (Spokesman-Review 4/30/09 &5/9/09).We are the City's customers. No business can survive without understanding this fundamental principle.' From Brenda Grassel (http://www.votebrendagrassel.com/): `Not allow the voice of the citizens to fall on deaf ears!' `Be Accountable to the Citizens.' From Tom Towey (http://www.votetomtowey.com/home.html): `Listen to the people.' `Restore Public confidence.' `Fiscal responsibility — Transparency.' Council members, you Council Regular Meeting 1-12-2010 Page 2 of 7 Approved by Council: DRAFT are honorable and competent people. Please live up to your promises. Please make enforceable rules that require (1) `no surprises' (2) `3 touches' (3)written fiscal analyses in advance of the `3 Touches.— Mary Pollard, 17216 E Baldwin Avenue: said she noticed that in our sidewalk and street standards,we are pretty-much going to the swale thing on everything; and said she thinks since we are building pedestrian friendly communities, we are forgetting that since the swales are next to the road,that anybody who parks along the curb, the passenger side has to step into a pit; and said if we are thinking about all the handicapped people and people that may be older or infirm, or just clumsy, we have created all these pits to fall into; and said she and her husband are wondering, and said they noticed in a lot of developments that they have re-routed their water into places that go under the sidewalk; but said if they have to go with swales, that we need to allow a certain number of feet for somebody to be able to have level ground to stand on as it is kind of dangerous and said when she talked to staff about this when they were talking about the road standards last summer,they suggested that people would just use the driveways of all these houses; but she said if it happens to be a side street where all the houses are facing one direction and the side of these yards is another street,there are no driveways for people to walk in; and she said she came to the end of a development going on a walk, and they had to go down a driveway and she said they almost fell because it was steep and very icy; and said we need in the planning to look at figuring out a way so that along the roadways, because people park; how are they going to get out of their cars without having to drive to the corner to pick somebody up; and she said it is not conceivable if someone has a house party and has a lot of guests; and said she thinks we have not been looking at pedestrian safety in looking at how to gather water. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 12-17-2009 Beginning 19153, ending 19206 $565,388.23 12-17-2009 19207 $122,460.67 12-23-2009 Beginning 19208, ending 19240 $228,170.68 12-23-2009 Beginning 19241, ending 19274 $98,559.27 12-31-2009 Beginning 19275, ending 19307, , 1224090010, 1228090006, 1230090026 $3 884 672. 2 01-04-2010 (for 2009) Beginning 19308, ending 19324 $56,160.16 01-05-2010 (for 2010) Beginning 19326, ending 19330 $421,305.09 GRAND TOTAL $5,376,716.42 b. Approval of Payroll for pay period ending December 31, 2009: $350,293.61 c.Approval of Council Meeting Minutes of December 22, 2009 It was moved by Councilmember Dempsey, seconded and unanimously agreed to adopt the consent agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance ordinance 10-001 to a second reading. Finance Director Thompson explained that as noted previously,the only change is to change the report due date from the 15th of the month to the 30th of the month. Mayor Towey invited public comments;no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. Council Regular Meeting 1-12-2010 Page 3 of 7 Approved by Council: DRAFT 3. First Reading Proposed Ordinance 10-002 Amending Spokane Valley Municipal Code 17.100.030 — Cary Driskell City Attorney Connelly explained that his office is also staffed by interns; he said they have a great relationship with Gonzaga University which compensates us for what we pay the interns, or we occasionally get interns for free; and the interns get credit for working with us; he said as a trade-off to that, staff members do what they can to provide training opportunities and give them an opportunity to practice law, and tonight we will have two interns who will make presentations in lieu of either the City Attorney or Deputy City Attorney; and Jeana Poloni will handle this item, and Chris Longman will handle another matter later on tonight's agenda. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded, to advance ordinance 10-002 to a second reading. Intern Poloni explained that this proposed ordinance is an amendment to the Spokane Valley Municipal Code enforcement chapter;that this is a housekeeping matter and is anticipated to be revenue-neutral;that it would allow staff to bring code compliance cases and abatement actions either before the District Court or the Superior Court; that it is currently the practice to bring cases before Superior Court, but there may be times when it is necessary to bring cases to District Court. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Mayoral Appointments—Mayor Towey Mayor Towey said that annually the Mayor appoints Councilmembers to committees throughout the area to represent Spokane Valley, and he read the following proposed appointments: Chamber of Commerce Board: Brenda Grassel Convention Center&Visitor's Bureau: Brenda Grassel Greater Spokane, Inc.: Dean Grafos Emergency Communications Board 911: Bill Gothmann Finance Committee Spokane Valley: Tom Towey, Dean Grafos, Gary Schimmels Governance Manual: Tom Towey, Bill Gothmann Growth Management Steering Committee of Elected officials: Dean Grafos, Brenda Grassel Health District Board: Bill Gothmann, Rose Dempsey International Trade Alliance: Brenda Grassel Lodging Tax Advisory Committee: Council Representative: Brenda Grassel; representative of person involved in funded activities: Doug Kelly for a two-year position NE Housing Solutions: citizen Terri Symbol, for a term expiring 3-15-2012. Solid Waste Advisory Committee: Gary Schimmels Spokane County Housing& Community Development Advisory Committee: re-confirm Bill Gothmann with a term ending 2011 Spokane Regional Clean Air Agency: re-confirm Rose Dempsey,term runs with council term Spokane Regional Transportation Council (SRTC): Gary Schimmels Spokane Transit Authority(STA): Tom Towey, Gary Schimmels TPA Tourism Promotion Area: Tom Towey Wastewater Policy Advisory Board: Rose Dempsey, Tom Towey It was moved by Councilmember Dempsey, seconded and unanimously agreed to confirm the appointments as just stated by the Mayor. PUBLIC COMMENTS: Mayor Towey invited other general public comments; no comments were offered. Council Regular Meeting 1-12-2010 Page 4 of 7 Approved by Council: DRAFT ADMINISTRATIVE REPORTS: 5. Alarm Ordinance Amendment—Cary Driskell By way of background, Deputy City Attorney Driskell explained that during the summer of 2009, the Police Department brought forth information concerning false security alarms and of exploring the concept of hiring an outside entity to manage that as it was taking a tremendous amount of time by the police department to manage the system, and to also try to reduce the number of false security alarms. Mr. Driskell explained that the City of Spokane adopted a program and hired a company a few years ago, and experienced a noted reduction in false security alarms, and therefore, our Police Department proposed exploring a similar system; staff solicited bid proposals and one response was received, that from Public Safety Corporation (PSC), a private company; and subsequently Council awarded a contract to PSC and amended the City's Code related to false alarms, which was adopted September 2009 with a start date January 1, 2010 of new code changes to implement the changes and the program, including amending the fee resolution. Mr. Driskell said that during that time,the City was notifying people about the upcoming system, and getting people signed up when staff notified there were some conflicts between different code provisions, and some of the language was ambiguous and/or superfluous; he explained in using the city of Spokane's program, we missed a few things, so tonight staff is doing some cleanup of the code and making it easier for people, staff and police to understand and use the code. Mr. Driskell explained the proposed changes: to remove the requirement at the bottom of page one and other references to a disclosure statement,that Spokane uses a disclosure statement but it was decided we would not use such a statement as it did not add anything; so rather than have an unnecessary document, it was recommended to remove references to a disclosure statement, including the reference on subsection F on the middle of page 2. Mr. Driskell said the change on page 3 is necessary because our police officers are not technically city employees, and a more accurate statement would be "law enforcement officer." Further changes explained by Mr. Driskell included the incorrect reference on page 4 to SVMC 7.20.050; the proposed change to leave section 7.20.170 blank for any future need, and to omit the text as it is superfluous to a provision already provided in the Code under subsection A 1 and 2; and under subsection B at the top of page 6,there was noted a difference between burglary and robbery alarm, and he said our police will not differentiate but have the same response for either alarm. Councilmember McCaslin asked about the annual registration fee, and Mr. Driskell explained that the annual registration is $25.00 but if there are no false alarms,the fee is reduced to an annual fee of$15.00. Councilmember McCaslin said it appears we are charging people who have not had a false alarm; that they are installing alarms in their homes for protection; and said he thinks Council should come up with something to penalize those who have alarm systems who have false alarms rather than those putting in a new alarm which has never caused a problem, or who have never had a false alarm; and he said it appears we are pre judging people by charging them the annual fee when they have had no false alarms. Police Chief VanLeuven said the registration fee is for the registration of the alarm, which is separate from the response to the false alarm;that the registration fee pays for the administration of this program, including verifying current correct contact information; that approximately 40% of our current alarms did not have current information for the people, so even if it was a true alarm, the police had to remain at the business without anyone responding as the owner's contact information was outdated; and he emphasized the importance for the alarm company and for PSC to have current valid contact information, and that registration pays for that task of getting the information,which helps eliminate law enforcement response to false alarms. Chief VanLeuven said if the alarm company gets a trigger on the alarm, they will return the call immediately and determine whether the alarm is valid. Councilmember McCaslin reiterated that we are charging people who have not had a false alarm, and those who should be charged are the ones who have false alarms; and if we are going to have an ordinance, we should not go after the people putting in new alarms. Chief VanLeuven said only those with a confirmed false alarm will receive a fee for law enforcement response; which is different from the Council Regular Meeting 1-12-2010 Page 5 of 7 Approved by Council: DRAFT annual registration fee of$25.00 or$15.00 to maintain the cost of the program. Councilmember McCaslin said he feels Council should not pass on this. Councilmember Gothmann said the policy in the past has been to recover operating or administrative expenses just as we do in charging planning permits; and said this is not a question of having false alarms, this is the cost of the administrative effort to keep the system registered and current. Chief VanLeuven said PSC takes 25% of the cost and the remainder goes to the City. Deputy City Manager Jackson explained that the fee is set in the current master fee schedule, which schedule contains all city fees, and said that this ordinance and the fee schedule were previously adopted; and if a fee were to be adjusted it would be done separately under the master fee schedule rather than with the ordinance. City Attorney Connelly added that we also have a contract with PSC and if the contract were to change, staff would need to advise Council of the rights under the contract if Council wanted to institute change. Councilmember Grafos asked about the cost of a false alarm, and Chief VanLeuven said with the new alarm system,there is a short grace period, and the fee schedule on residential false alarm is a flat rate of $85.00 for residents, and $165.00 for commercial; and under the old ordinance the charge was an increasing scale with each subsequent alarm, but this new schedule is a flat fee. Councilmember Grafos asked if someone was installing an alarm, would we consider waiving that first charge on a false alarm; and Chief VanLeuven said there is a provision for a grace period and a free first false alarm. Councilmember Grassel asked how many false alarms were residential and how many commercial, and Chief VanLeuven said he did not have those figures with him tonight, but said they went to an estimated 1055 false alarms last year in 2008; and said that he had previously provided council with numerous statistics concerning this topic; and said they are optimistic this will reduce the number of false alarms, thereby making the operation more cost effective and efficient, and saving on police man-hours to false alarms and thereby freeing them to other needed services; and it will be more efficient for the alarm users as well. Councilmember Gothmann reminded everyone that an ordinance is already in effect and these are changes to make the ordinance more accurate; and he suggested we move forward with these changes to the current ordinance, and ask staff to provide the previous information given to Council on this topic; and Deputy City Manager Jackson said that tonight's item is for consensus to move this item forward for a first reading if Council desires. Councilmember McCaslin said he would like to know how much revenue those 1055 false alarm generated; and Chief VanLeuven said they had that information previously; that previously there was a grace period; that the schools were not charged, and there were approximately 100 false alarms; and the revenue that could have been obtained under the old ordinance versus what will be obtained in this is substantially different, and he said costs will be recovered sufficiently under the new ordinance; and that the previous data will be given to council as requested. It was confirmed that staff will move forward with these technical amendments in the interim; that the requested information will be included in next week's council packet; and it was again noted that the fee and the ordinance amendment are two separate issues; and all will be brought back next week. 6. Homeless Housing and Assistance Regional Program—Mike Connelly Legal Intern Chris Longman explained that in 2005, State legislature passed an act to reduce state-wide by 2015,the homeless population by 50%; and to do that,they required each county create a task force to develop and implement a plan; and to pay for this the legislature imposed new document recording fees which have been implemented in Spokane County and so far have raised about $4.3 million toward this program, and said that almost $2.4 million has been spent to fund homeless services county-wide; that currently the City of Spokane Valley has the opportunity to withdraw from the County's plan, or to remain and maintain the status quo; and that there is no cost associated with this to the City of Spokane Valley; but if Council desires to withdraw from the program with the County,the City of Spokane Valley could become responsible for meeting the criteria of the act and would need to start a new plan, still with a deadline of 2015; and if Council chooses to remain with the County, a draft sample resolution is Council Regular Meeting 1-12-2010 Page 6 of 7 Approved by Council: DRAFT included in tonight's materials. Councilmember Gothmann said he sits on the HCDAC committee and these activities are closely related, that the HUD grants go to low-income areas; and the decision was made some time ago to go with the County;that there are two entitlement areas,the City of Spokane and the rest of the County; and he said the County has an excellent relationship with HUD and of keeping track of funds spent; and on the homeless program, Christine Barada does an excellent job with an excellent staff and he said he would not want to replicate her efforts,and he recommends we continue the status quo. There was no council objection to proceeding as recommended in bringing forth a resolution next week to remain with the County's program. 7. CenterPlace Food Service Contract—Mike Stone Parks and Recreation Director Stone explained the proposed change of contract for food services, and of the positive reasons for moving as proposed; and said that Glover Mansion, doing business as Red Rock Catering, is the recommended choice. There was Council consensus that staff move forward as proposed for a motion consideration next week. 8. Amendment to Fee Resolution—Mike Stone Parks and Recreation Director Stone said that the current fee resolution has an erroneous rate for use of a picnic shelter of $84.00 for five hours, which should be changed to $50.00; and since staff desires to charge the correct lower amount, Mr. Stone recommends this move forward next week to correct this error, and Council concurred. It was also noted that Council would like to examine all fees on the fee schedule and Mr. Jackson said that will be brought back separately for council's consideration. INFORMATION ONLY: The Planning Commission Rules of Procedure and Legislative Agendas were for information only and were not reported or discussed. It was moved by Councilmember Grafos, seconded and unanimously agreed to adjourn. The meeting adjourned at 7: 25 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 1-12-2010 Page 7 of 7 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Executive Session Tuesday,January 19,2010 Attendance: Councilmembers: Staff: Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Dean Grafos, Councilmember Brenda Grassel, Councilmember EXECUTIVE SESSION: Mayor Towey called the meeting to order at 5:03 p.m. and announced that the executive session is cancelled. It was moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:04 p.m. Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes:01-19-10 Page 1 of 1 Approved by Council: DRAFT MINUTE S City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, January 19, 2010 Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels,Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Neil Kersten,Public Works Director Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney Kathy McClung, Community Dev. Director Absent: Rick VanLeuven,Police Chief Bob McCaslin, Councilmember Carolbelle Branch, Public Information Office Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed to excuse Councilmember McCaslin from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Deputy Mayor Schimmels, and Councilmembers Grafos and Grassel had no report; Councilmember Dempsey reported that she visited the HUB and was impressed with the facility; and Councilmember Gothmann said regarding the Housing and Community Development Advisory Committee meeting, that they are reviewing HUD grants so that recommendations can be made to the Board of County Commissioners, and he explained that Spokane Valley has a 20% set-aside amount with the County for these funds, and that this time the amount is approximately$320,000. MAYOR'S REPORT: Mayor Towey reported that he attended the Second Harvest celebration at Trent Elementary School and the YMCA Kids café kick-off, explaining that the YMCA partners with Trent to feed the kids before and after school; and said he was impressed with the outstanding job they do with little financing; said that last Thursday he met with Airway Heights Mayor Patrick Rushing and they talked about things the two cities are involved with, such as the treatment plant, and they discussed annexation, and talked about relationships and how to help each other; that he met last week also with Commissioner Mager and they discussed future mutual challenges, talked about relationships and discussed the current economic situation and of partnering with neighboring communities such as Council Regular Meeting 1-19-2010 Page 1 of 7 Approved by Council: DRAFT Millwood and Liberty Lake; said he went to the Chamber's business breakfast; attended the Northeast Mayor's Conference in Spokane where seventeen Mayors came together to discuss problems, and said that Governor Gregoire dropped in and discussed issues relative to cities and said at that meeting that businesses and government will have to re-boot to survive, which Mayor Towey said he understands that means to adopt short and long term goals to survive. PUBLIC COMMENTS: Mayor Towey invited general public comments. Dick Behm, speaking for Spokane Valley Business Association: Mr. Behm submitted copies of his statement, and then read his prepared remarks concerning the Sprague Appleway Revitalization Plan, or SARP: "Where did it come from? Did the former City Council or City staff dream it up?What about the City Center Plan? Is that something the City and Developers put together? No,that's not what happened. In 2003 the City Council asked the citizens what their vision of Spokane Valley was and which direction they wanted their brand new city to go. How was this done and what were the results? The City Community Development Department contracted with Clearwater Research to conduct a Community Preference Survey. The survey was designed to gauge the public's views on issues such as transportation, urban design, city identity, growth and development. The final results were presented to the City in April 2004. Those results were used to develop priorities in the new Spokane Valley Comprehensive Plan by the Planning Commission. The Planning Commission is made up of citizen volunteers who have spent thousands of hours working on how to make our City a better place to live,work and play. The result was a new Comprehensive Plan to replace the one established by Spokane County. It has been tweaked and amended many times since then, as situations and priorities change, by the City Council. So what about SARP? Well, SARP is a part of the Comprehensive Plan and it reflects the direction the citizens said they wanted the City to go. Citizens were asked `how important it was to the future of Spokane Valley to have an area of the City that is recognized as a city center or downtown' and 61% said it was very important or somewhat important. The question was also asked where the City Center should be located. The choices submitted by citizens were Evergreen and Sprague, Pines and Sprague, Mirabeau Point, University City, and others. University City area was the overwhelming choice receiving 52%of the total vote. Mirabeau Point was second with 18%. Respondents were also asked `how supportive they would be of Spokane Valley officials spending public money to promote the creation of a city center.' Three-quarters of the respondents (75%) indicated they were supportive of Spokane Valley officials spending public money to create a city center. 76% reported that having a community identity was very or somewhat important to the future of Spokane Valley. So following the desires of the citizens the city hired a consultant to help plan a city center and suggest a plan to revitalize Sprague Avenue. 64 public meetings and workshops were held. Hundreds of Valley citizens attended with a desire to help plan their new city's future. Their viewpoints were heard and incorporated into the plan and SARP was born. Is SARP a bad plan?NO! Is it a good plan? NO! SARP is a plan in progress. It is a 20 to 30 year plan. It needs tweaking and changes, but it does reflect the direction that the citizens said they wanted the city to go. We would ask the City Council not `to throw the baby out with the bathwater' and act in haste. The new members on the Council should do their due-diligence and research. Please ask the staff for copies of the Clearwater Research Report filed April 28, 2004 and read all the results of the study." Spokane Valley Business Association, Terry Lynch—President, Dick Behm, Secretary/Treasurer. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 01-07-2010 (year 2010) 19331-19334 $2,378.57 01-08-2010 (year 2009) 19337-19353 $3,264,279.48 01-08-2010 (year 2010) 19354 $4,594.00 Council Regular Meeting 1-19-2010 Page 2 of 7 Approved by Council: DRAFT 01-12-2010 (payroll) 3041, 3042, 3043, 19325, 19335, 19336, $208,769.21 19355, 19356 GRAND TOTAL $3,480,021.26 b. Approval of Council Meeting Minutes of January 5, 2010 It was moved by Councilmember Dempsey, seconded, and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Second Reading Proposed Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to approve ordinance 10-001. Finance Director Thompson explained that this is an ordinance amending the current gambling ordinance, and the only change is to change the due date for gambling tax reports from the 15th of the month to the 30th in accordance with the State Auditor's Office suggestion, and to assist those establishments in timely meeting their report requirements. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.Abstentions:None. Motion carried. 3. Second Reading Proposed Ordinance 10-002 Amending 17.100.030— Cary Driskell/Jeana Poloni After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to approve ordinance 10-002. Legal Intern Poloni explained that this change would allow the City to assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court or Superior Court; and said this ordinance is revenue neutral. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. 4. Proposed Resolution 10-001 Homeless Housing and Assistance Act—Mike Connelly It was moved by moved by Councilmember Dempsey, seconded and unanimously agreed to approve Resolution 10-001. Legal Intern Longman explained that this resolution is for Spokane Valley to continue participation in Spokane County's Homeless Housing and Assistance Act Regional Program instead of handling the program through our City. Mayor Towey invited public comment. Alvin Fisher, 13808 E Valley Way asked if this has anything to do with the panhandling problem and Councilmember Gothmann said it does not, and explained that panhandling is a permitted activity per our Washington State Court. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried. 5. Proposed Resolution 10-002 Amending Fee Resolution—Mike Stone It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the 2010 fee resolution amendment as outlined by staff. Parks and Recreation Director Stone explained that this addresses an incorrect fee regarding picnic shelter reservations, that the actual reservation fee should be $50.00 instead of$84.00. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried. 6. Motion Consideration: CenterPlace Food Service Contract—Mike Stone It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the CenterPlace Food Services Contract with Red Rock Catering and authorize the City Manager or designee to approve the annual renewals. Parks and Recreation Director Stone said this is the food service contract for 2010, and they are excited to work with Red Rock Catering. Councilmember Gothmann asked about the verbiage under paragraph 1B in the agreement, and Mr. Stone said he would check with our legal staff to make sure the language is clear. It was moved by Councilmember Gothmann and seconded to amend the motion to include that we will amend Section B in the contract as discussed. Council Regular Meeting 1-19-2010 Page 3 of 7 Approved by Council: DRAFT The vote to amend the motion was unanimously in favor. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation on the amended motion: In Favor: Unanimous. Opposed: None.Abstentions:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited other general public comments Alvin Fisher, 13808 E Valley Way: spoke on the subject of panhandling and said he sees numerous violations and there must be a way to cure this problem; that he doesn't like people to have to walk around panhandlers, and said it is time for this city to take a stand on this. Councilmember Gothmann responded and said that a committee was previously appointed to discuss panhandling, that several meetings have been held and ways to address the problem discussed; that a recent ruling by the State Supreme Court allows panhandling provided they are not aggressive, which means they can't block citizen's from walking on the sidewalks, and the panhandlers cannot step into the streets; he said there is a national publication put out by SCOPE on this issue; and said that an education process must take place so people will stop giving to panhandlers, as that is the only way to stop it; that 90% of what is given to panhandlers goes to support their drug and alcohol problems. City Attorney Connelly said he can discuss the matter further with Mr. Fisher if he wants to call Mr. Connelly's' office. Deputy City Manager Jackson added that we can schedule a presentation in the future and give Council history and background information if that is Council's direction. Peggy Doering, 11522 E Sunview Circle: said she is going to Olympia next week and is wondering what is the message from here to Olympia. Mr. Jackson said he has a copy of our current legislative agenda with eight items of interest, including street utility enabling legislation, increased state funding for the 911 system, seeking $300,000 for the acquisition of park land adjacent to the Park Road pool and Centennial Middle School, Law Enforcement District enabling legislation, securing state funding for statewide communications interoperability of infrastructure, reasonable legislation related to the "cap and trade" provisions of climate control regulations under consideration; access to enhanced state fuel purchasing power, and provide support for the Association of Washington Cities' legislative agenda items that serve the best interests of the City of Spokane Valley. ADMINISTRATIVE REPORTS: 7. Animal Control—Cary Driskell/Nancy Hill/Commissioner Todd Mielke After Deputy City Attorney Driskell gave some background history of animal control in Spokane Valley, SCRAPS Director Nancy Hill went through her PowerPoint presentation explaining some of the issues association with Animal Protection, including their mission and purpose, their education program, their location, hours of operation and what their facility has, such as after hours animal receiving room and new cat room; she mentioned staff including maintenance personnel, their pet licensing program, adoption program, and volunteer program; their animal protection services and officers; and how they handle emergency and routine calls. Ms. Hill gave statistics on time study percentages, showing requests for services, calls, impounds, etc., for Spokane County, Spokane Valley, Millwood, Cheney and Fairchild AFB, showing Spokane Valley involved in over 46% of those services. Spokane County Commissioner Mielke, on speaking to regional issues, said Ms. Hill has done a great job with all aspects of animal control and in increasing licenses so we know where those pets are;that the issue of animal control is also being discussed at the City of Spokane as their current animal control no longer wishes to be in that business and they are working to find a transition plan; that the City of Spokane is interested in becoming a part of the coalition but there are some challenges in doing that, and he encouraged the Council to take a tour of the facility, which was built in 1975 and has never had any major upgrades; and said currently there is no facility large enough to house a combined effort; that the parcel this building is on is long and narrow. Commissioner Mielke mentioned that the interlocal with the City of Spokane is on hold, that they had to renew their contract with Spokane Animal and their costs doubled, so they are in the process of negotiation, and are willing to extend the contract if a solution is being pursued. Other discussion included mention that the Washington Department of Fish and Wildlife partners with SCRAPS on some Council Regular Meeting 1-19-2010 Page 4 of 7 Approved by Council: DRAFT items, but that mostly SCRAPS does not deal in wildlife; that to upgrade a thirty-five-year old building would likely take $3 to $5 million, and that the building it not hooked up to sewer as the closest hookup is on the other side of the railroad tracks, and they would have to bore underneath to accomplish such hookup, and that it would be expensive; and said in the end they might be looking at $10 to $13 million for a new building, plus the additional cost of the land. Mr. Mielke said they are trying to do what they can to soften the impact on general funds, and they rely heavily on the use of volunteers, including use of Geiger Work Release crews for such things as kennel cleaning. Ms. Hill said their fundraiser is schedule for April 23, and Mr. Mielke said it is likely that each jurisdiction may want to re-coup more money from animal licenses or impose sur-charges, and that flexibility exists. Deputy City Attorney Driskell said in reference to the code proposal changes included in tonight's council packet materials, that is a proposed change to the definition of kennels, which is a policy choice, and such will be brought back for council consideration at an upcoming meeting. 8. False Alarms—Rick Van Leuven/Cary Driskell Police Chief Van Leuven gave an overview of how they arrived at outsourcing the task to PCF/CryWolf, as noted on his September 15, 2009 Request for Action and accompanying documentation, and said the documents summarize a year's worth of work to explain why they think this is cost efficient and an efficient use of resources for the Spokane Valley Police Department. Councilmember Grafos said he agrees with the program,but would like to see the first response at no charge so people can get used to the program; and Chief Van Leuven said that is why, as noted in the ordinance, that people who get new alarms have a sixty-day grace period and the first false alarm is free. Deputy City Attorney Driskell said the contract is a two-year contract with a series of three, potential one-year rollovers; and it was negotiated based on the anticipated workload and revenue, which is how they arrived at the 25/75 split, and if fees and costs were to be changed, they would need to look at amending the contract, adding that the fee structure is the same as was adopted with the City of Spokane. Mayor Towey called for a short recess at 7:44 p.m. and reconvened the meeting at 7:56 p.m. 9. Ed Byrne JAG Grant— Cary Driskell Deputy City Attorney Driskell explained that Council previously approved staff to apply for a 2010 JAG grant in conjunction with Spokane and Spokane County;the grant was awarded with the City of Spokane the fiscal agent for the funds; and under the grant, we are entitled to $50,367; and that the interlocal is necessary to direct the funds to Spokane County for their intended purpose since they are our contract service provider; that Spokane County will use the $12,500 for policing purposes between now and September 30, 2012; and the remainder of the funds will be used for other police-related services in the future. There was council consensus to move this forward for motion consideration at the February 9 council meeting. 10. City Manager Vacancy—Mike Connelly City Attorney Connelly said this is the beginning of the process to secure a permanent city manager for Spokane Valley; and there are two steps which need to be taken, the first rather quick needed step is to appoint someone to assume the powers of the city manager, which is probably best done by appointment of an interim or acting city manager, and then to identify what process Council will follow to appoint a permanent city manager. Mr. Connelly went over the steps for removal and replacement of a city manager as defined by state statute; and said Council needs to hire someone who is component to do the job and can handle the tasks. Mr. Connelly pointed to additional guidance on seeking a "qualified" city manager as noted in the ICMA "Recruitment Guidelines Handbook"which is included as part of tonight's council packet; and said that the general language of the statute provides a wide range of qualifications that would fit the bill for a city manager, and said the closer someone is to having actual experience as a city manager, would probably be the closer someone would be to have those requirements and be qualified and able to handle the duties of the position; and said Council could appoint an existing member of staff Council Regular Meeting 1-19-2010 Page 5 of 7 Approved by Council: DRAFT as an interim or acting city manager while Council considers a permanent resolution. Mr. Connelly said the first goal is that prior to February 5, 2010, when the administrative leave expires for the City Manager, to appoint or designate a qualified person as interim City Manager, and Mr. Connelly recommended scheduling a motion for the February 2 council meeting to do that action, and to also schedule between now and then, an executive session to discuss the qualifications as to the existing deputy city manager, or to look elsewhere for those qualifications. In answer to council question, Mr. Connelly said an interim or acting city manager could remain as such until terminated,or for an undefined term or until such time as a permanent city manager is selected, or have the position be temporary; but in the meantime, Council needs to move into the second phase to find a permanent city manager; and said one option would be to appoint the Deputy City Manager as the interim City Manager, or conduct a search to accept applications for the interim city manager; but said the choice is at Council's discretion. Mr. Connelly also said that if Council determined to have a current staff member as acting or interim city manager, pay would be an issue, and a contract would be necessary with the guaranteed right for that person to go back to their original job if the interim job didn't work out, or if no one would take the job, and said there are standard contracts distributed by ICMA which council could use as guidelines. Regarding the selection and recruitment for a permanent city manager, once the acting or interim city manager is determined, Mr. Connelly said there is no time schedule; and he again referred to the ICMA recruitment guidelines provided; and said this selection is one of the most important responsibilities of a local governing body and he stressed the importance of the position, and said in a Council-Manager form of government, the city manager is vested with substantial responsibilities, duties and rights to administer the city; that Council makes the policy and the city manager makes the policy happen. Recruit process was discussed including use of the City's human resources department for an in-house search, or use of an executive recruitment firm for the search, and that cost would be dependent on how many people Council would eventually interview, including background searches and cost of flying candidates here for the interview process; and Mr. Connelly said the likelihood of getting the broadest field of candidates would be considerably lower if such search were conducted locally and in-house; and said the added difficulty in our case is that we just had a requested termination, so there could be some hesitancy in top people applying unless we have a professional conduct the search; and said we could also have a professional firm come to discuss the process with Council. Mr. Connelly said he contacted MRSC (Municipal Research Services Center) to see what others do in similar situations, and discovered that 90% of the cities of our size conduct a professional search. Councilmember Grassel asked if Council wanted to look at a different form of government such as a strong mayor or mayor elect, what would that do to this process; and Mr. Connelly said staff can start to look into that if Council desires, but said it would not interfere with the process as the election process is lengthy, and said he sees that as a separate issue. It was determined that an Executive session will be scheduled prior to February 2 to discuss candidate qualifications, and to make sure Council is informed prior to voting on a motion at the February 2 council meeting. 11. Advance Agenda Discussion—Mayor Towey Mayor Towey reminded everyone of the upcoming winter retreat February 9 at CenterPlace,from 10 a.m. to 4 p.m., and that the meeting will be held in the conference room on the second floor, and the meeting is open to the public. Councilmember Grafos read the following statement: "I would like to have the following two issues reviewed by staff and or the city attorney and brought before the council for discussion, council options, and a possible vote as soon as these two items can be put on the agenda. #1 Several weeks ago at a meeting of the Auto Row dealers and at a later meeting with Denny Waltermeier of Spokane Hyundai the issue of the possibility of installing crosswalks at certain locations in the one way corridor was introduced. Dick Behm voiced the same concern at the Council Regular Meeting 1-19-2010 Page 6 of 7 Approved by Council: DRAFT SVBA meeting which I attended last week with Mayor Towey. Their concern was the safety of pedestrians crossing Sprague Ave along the one way section of Sprague Ave in the University and Auto Row areas of the City. #2 For some reason as the city website has been upgraded, expanded, and revised in the last 2 years the city budget from the first full year of city incorporation in 2004 until 2008 is no longer available to the public on our website. As an incoming member of the finance committee and in the interests of transparency and public disclosure, it is difficult for the public to see where we are going, where we have been, and what actions and decisions we are making as stewards of the taxpayers money without this information. This financial information should be readily available to the public without the necessity and difficulty of requesting this information from the city via a public records request. I would like the prior year budgets from 2004 to 2008 restored to the city website as soon as possible. Thank you." Deputy City Manager Jackson said with Council's concurrence, staff will look into those issues. Council concurred. Mayor Towey also reminded everyone there will be no meeting next week as Council attends the legislative conference in Olympia. INFORMATION ONLY: The Paveback and Fee Resolution were for information only and were not reported or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:24 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 1-19-2010 Page 7 of 7 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Executive Session Monday February 1,2010 Attendance: Councilmembers: Staff: Tom Towey, Mayor Mike Jackson, Deputy City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Dean Grafos, Councilmember Brenda Grassel, Councilmember EXECUTIVE SESSION: After Mayor Towey called the meeting to order at 4: 00 p.m., it was moved by Councilmember Gothmann, seconded and unanimously agreed to adjourn into executive session for approximately two hours to evaluate the qualifications of an applicant for public employment [RCW 42.30.110(1)(g)] and that no action is anticipated thereafter. Council adjourned into executive session at 4:00 p.m. At approximately 5:45 p.m., Mayor Towey declared council out of executive session. It was moved, seconded and unanimously agreed to adjourn. The meeting adjourned at 5:45 p.m. Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes:02-01-10 Page 1 of 1 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business Znew business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : First Reading Proposed Ordinance 10-003, Amending Alarm Regulations GOVERNING LEGISLATION: SVMC 7.20 Alarm Systems PREVIOUS COUNCIL ACTION TAKEN: Adoption of false alarm code in 2004; adoption of new false alarm code in 2009, applicable January 1, 2010; administrative report to Council January 12, 2010. BACKGROUND: At the request of the Police Department, the City Council adopted a new false security alarm code in September, 2009, effective January 1, 2010. Concurrently, the Council approved a contract with Public Safety Corp./CryWolf (PSC), a private company specializing in helping jurisdictions reduce the number of false alarms. In the process of registering the many alarm users in the last month, PSC and our Police Department personnel found several items that were redundant, erroneous or unnecessary. The attached proposed code amendments are considered housekeeping items, and would remove or amend those provisions. These proposed changes are listed below in the order they appear in the draft ordinance. 7.20.050(D) page one, bottom —the word thirty is currently spelled out. The protocol in the City Code is to use the number, so it is being changed accordingly. 7.20.050(E) page one, bottom — neither the City nor PSC utilize a disclosure statement. This was a remnant of the provisions borrowed from the City of Spokane. Since the City does not use the disclosure statement, the entire subsection should be removed, and the rest of the section renumbered. 7.20.050(new E)(5) page two, top — with the removal of the requirement for a signed disclosure statement in the old subsection (E), this subsection had to be amended to similarly remove the reference to the statement. 7.20.050(new F) page two, middle - with the removal of the requirement for a signed disclosure statement in the old subsection (E), this subsection had to be amended to similarly remove the reference to the statement. 7.20.050(new H)(3) page two, middle — removed the word "his" as it was unnecessary for the sentence. 7.20.100(D) page three, middle —the reference to "employee of the city" was a remnant of the City of Spokane language not applicable to our city because we contract for police services, and they are thus not employees of the City. 7.20.110(D)(2) page four, top — the reference to SVMC 7.20.050 should be removed because it does not refer to system modification or inspection as asserted. 7.20.110(J)(11)((c) and (d) page four, middle — there are three numbers spelled out that should be numerically stated. 7.20.170 page five, bottom and top of six — the Police Department does not differentiate between burglary and robbery in terms of how they respond, so there is no basis for a different charge. As such, this section is being deleted in its entirety and left blank in the event the City wants to add a section in the future for whatever reason. The rest of SVMC 7.20 would remain the same. OPTIONS: Proceed with amending SVMC 7.20 as outlined above; recommend additional changes; do nothing; RECOMMENDED ACTION OR MOTION: I move to advance Ordinance 10-003 to a second reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, Deputy City Attorney; Rick VanLeuven, Chief of Police ATTACHMENTS Proposed Ordinance 10-003 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 7.20.050, 7.20.100, 7.20.110, AND REPEALING 7.20.170 RELATING TO SECURITY ALARMS,AND OTHER MATTERS RELATING THERETO WHEREAS, the City of Spokane Valley previously adopted regulations relating to false alarms that became effective January 1, 2010, codified in Spokane Valley Municipal Code 7.30; and WHEREAS, in the course of implementing these Code changes, staff discovered several items that needed to be amended because they were either unnecessary or contradictory; and WHEREAS,the City Council desires to amend the Code to correct these errors. NOW THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Spokane Valley Municipal Code sections related to alarms to remove unnecessary or erroneous provisions. Section 2. Amending Spokane Valley Municipal Code 7.20.050: SVMC 7.20.050 is amended as follows: Section 7.20.050 Registration Terms and Fees A. Alarm registration is valid for one year. B. Alarm registration is issued to a person or persons ("alarm user") having bona fide ownership or control of an alarm site (i.e., home owner, business owner, renter, leaseholder, etc.) and specifically for that alarm site or address. Alarm registration remains in the name(s) of the alarm user of record until a change of ownership or control of the alarm site occurs. C. Alarm registration is attached to the alarm user and the alarm site registration and is not transferable. A new alarm site registration must be issued whenever there is a change of ownership or control of an alarm site. D. The initial registration application shall be given to the alarm user at the time of alarm installation and shall be submitted to the alarm administrator or designee within 30thiftt days. E. A signed copy of the disclosure statement required in SVMC 7.20.110 shall be submitted to the alarm administrator along with the initial registration application. Receipt of the disclosure statement is a precondition of registration. Ordinance 10-003 False Alarm Page 1 of 6 DRAFT E. Registration information is determined by the alarm administrator and shall include, but not be limited to,the following: 1.Name and address of the alarm user(i.e.,the person financially responsible for operation of the alarm system being registered). 2. Home,business and cellular telephone number(s) of the alarm user. 3.Name, address and telephone number of the alarm business providing monitoring service to the system. 4. Alternate telephone number for verification (cell phone or other telephone designated by the alarm user). 5. Signature of the alarm user verifying that the alarm user he has read and understood the City public disclosure statement and agrees to pay the fees associated with false alarms. GF. On receipt of the application and fees,. . . -- - -- •_ . .• . . . ••-- the alarm administrator (or designee) shall issue a security alarm registration number to the alarm user. 44G. The security alarm registration number assigned to an alarm user remains the same for as long as the alarm user continuously maintains registration for the alarm site. mil. Registration may be renewed under the following conditions: 1. The alarm site has no past-due fees. 2. The alarm site's registration is not suspended for excessive false alarms. 3. The alarm user either updates his registration information or verifies that the current registration information is still correct. 4. The appropriate annual registration fee is paid. ii. Renewal information and fees are submitted to the alarm administrator (or designee) on or before the initial registration anniversary date each year. JK. The rates for security alarm registration fees are set forth in the City's Master Fee Schedule, as set forth in SVMC 7.20.310. The established rates shall assure that the alarm administrator position and all other costs related to administration and enforcement of the security alarm ordinance are supported entirely by registration fees. Section 3. Amending Spokane Valley Municipal Code 7.20.100: SVMC 7.20.100 is amended as follows: Section 7.20.100 Alarm Dispatch Requests A. Alarm dispatch requests shall be made in the manner prescribed by the alarm administrator and approved by 911 and police dispatch. Ordinance 10-003 False Alarm Page 2 of 6 DRAFT B. Alarm dispatch requests may include, but are not limited to, the following information: 1. Alarm site registration number. 2. Location of the alarm activation. 3. Type of alarm activation (burglary/property/intrusion/robbery/ panic/hold- up/duress or roll-over/airbag deployment). 4. Alarm business' incident number(or other official incident identifier). 5. Alarm business' assigned control number. C. Alarm dispatch requests made to the department (or its designee) shall be for police incidents only, and shall accurately indicate the type of alarm activation (burglary/property/intrusion, robbery/hold-up/panic/duress) that is the proximate cause for the alarm dispatch request. D.No alarm business shall initiate an alarm dispatch request if it knows, or reasonably should know,that doing so would cause a law enforcement office • -•• . o -- . .- • to respond to an alarm site containing a protective/reactive alarm system. E.No dispatch request and subsequent police response to a robbery alarm (as defined in SVMC 7.20.0201 may be cancelled by the alarm user. In every case at least one officer shall respond to affirm that the alarm user is not under duress of any kind. Section 4. Amending Spokane Valley Municipal Code 7.20.110: SVMC 7.20.110 is amended as follows: Section 7.20.110 Duties of Alarm Installation Company and/or Monitoring Company A. All alarm installation and/or monitoring companies shall ensure that their customer information is updated with the alarm administrator or designee at least monthly. This information shall include: 1. Customer name and contact information (i.e., all phone numbers); 2. Alarm site address and billing address; 3. Monitoring company name and contact information; and 4. Installation date or date the alarm monitoring ended. B. All alarm installation and/or monitoring companies shall ensure that an on-site inspection of the operating systems for the alarm system shall occur at least once every three years. The records of these inspections shall be made available to the alarm administrator upon request. C. The alarm installation company shall provide written and oral instructions to each of its alarm users in the proper use and operation of their alarm systems. Such instructions Ordinance 10-003 False Alarm Page 3 of 6 DRAFT will specifically include all instructions necessary to turn the alarm system on and off and to prevent false alarms. D. Effective January 1, 2010, and thereafter, alarm installation companies shall not program alarm systems so that they are capable of sending one-plus duress alarms. 1. Monitoring companies may continue to report one-plus duress alarms received from alarm systems programmed with one-plus duress alarms prior to January 1, 2010. 2. Effective January 1, 2010, and thereafter, when a takeover or conversion occurs, or if an alarm user requests an alarm system inspection or modification, pursuant to SVMC 7.20.050, an alarm installation company must remove the one-plus duress alarm capability from such alarm systems. E. Effective January 1, 2010, and thereafter, alarm installation companies shall not install a device to activate a holdup alarm,which is a single action,non-recessed button. F. Effective April 1, 2010, the alarm installation companies shall, on new installations, use only alarm control panel(s)which meet SIA Control Panel Standard CP-01. G. An alarm company shall not use automatic voice dialers which call 911 or the police department. H. After completion of the installation of an alarm system, an alarm installation company employee shall review with the alarm user the customer false alarm prevention checklist established by department policy. I. The monitoring company shall make an alarm dispatch request for a police officer response to a burglar alarm signal, including panic, duress and hold-up signals. A residential alarm user is provided one false alarm response during the first sixty days following an alarm system installation without any charge. J. A monitoring company shall: 1. Report alarm activations or signals by using the telephone numbers designated by the alarm administrator; 2. Attempt to verify every burglar alarm signal prior to requesting a police dispatch by making at least two phone calls to the responsible party or parties. This procedure does not apply to duress or hold-up signals; 3. Communicate alarm dispatch requests to the Spokane Valley police in a manner and form determined by the alarm administrator; 4. Communicate cancellations to the Spokane Valley police in a manner and form determined by the alarm administrator; 5. Ensure that all alarm users of alarm systems equipped with duress, hold-up or panic alarm(s) are given adequate training as to the proper use of the duress, hold-up or panic alarm(s). Alarm system training should be provided to every alarm user and/or additional training provided in situations where the alarm user has established a high incident rate of false alarms resulting from unintentional or accidental activation; 6. Communicate any available information (north, south, front, back, floor, etc.) about the location on all alarm signals related to the alarm dispatch request; Ordinance 10-003 False Alarm Page 4 of 6 DRAFT 7. Communicate type of alarm activation (silent or audible, interior or perimeter); 8. Provide an alarm user registration number when requesting an officer dispatch; 9. After an alarm dispatch request, promptly advise the Spokane Valley police if the monitoring company knows that the alarm user or the responder is on the way to the alarm site; 10. Attempt to contact the alarm user or responder within twenty-four hours via mail, fax, telephone or other electronic means when an alarm dispatch request is made; and 11. Effective January 1, 2010, monitoring companies must maintain for a period of at least one year from the date of the alarm dispatch request, records relating to alarm dispatch requests. a. Records must include the: i. name, address and telephone number of the alarm user; ii. alarm system zone(s) activated; iii.time of alarm dispatch request; and iv. evidence of an attempt to verify. b. The alarm administrator may request copies of such records for individually named alarm users. c. If the request is made within sixty60 days of an alarm dispatch request, the monitoring company shall furnish requested records within tee3 business days of receiving the request. d. If the records are requested between S'ixty60 days to one year after an alarm dispatch request, the monitoring company shall furnish the requested records within tkift 30 days of receiving the request. K. An alarm installation company and/or monitoring company that purchases alarm system accounts from another person shall notify the alarm administrator of such purchase and provide details as may be reasonably requested by the alarm administrator. Section 5. Repealing Spokane Valley Municipal Code 7.20.170: SVMC 7.20.170 is repealed as follows: Section 7.20.170 Fees for Appropriating Public Police Services for Private PurpesesIntentionally left blank A. The cost recovery fees for appropriating public police services for private purposes arc in the City's Master Fcc Schedule,pursuant to SVMC 7.20.310. Ordinance 10-003 False Alarm Page 5 of 6 DRAFT 1. Separate rates may be established for commercial properties and residential properties responses to false burglary/property/intrusion alarms and to false robbery/hold up/panic/duress alarms. 2. The established rates shall assure that the full cost of police response to false .security alarms is recovered by the City. B. Cost recovery fees are assessed based on the response requested. An alarm dispatch request reporting a robbery alarm, for example, is subject to the false alann penalty fee applicable to robbery false alarm responses, even if the alarm activation should properly have been reported as a burglary alarm. Section 6. Remainder of SVMC 7.20 Unchanged. The remaining provisions of SVMC 7.20 are unchanged by this amendment. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall become effective five days after publication of the ordinance, or a summary thereof, in the official newspaper of the City. Adopted this day of , 2010. City of Spokane Valley Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Ordinance 10-003 False Alarm Page 6 of 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9th, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 10-004, Amending SVMC 17.80 and 19.30; as follows: Chapter 17.80.030-Update Table 17.80-1 to include Developer Agreements as a Type IV application and minor modifications to Developer Agreements as a Type I application. Chapter 17.80.140- Include Developer Agreements in the language that outlines Type IV applications. Chapter 19.30.015-Add language which provides for Developer Agreements in conjunction with Comprehensive Plan Amendments. GOVERNING LEGISLATION: RCW 36.708.170-210 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. On August 11, 2009 the Spokane Valley City Council passed Ordinance 09-015, an emergency ordinance which provided for the creation of Developer Agreements, something that is not currently provided for in the Municipal Code. These agreements can only be considered in conjunction with Comprehensive Plan amendments and associated rezones and would provide both the developer and the City with the flexibility needed to carry out the goals and policies of the Comprehensive Plan. Some items that may be addressed through Developers Agreements include, but are not limited to, permitted uses, densities, building sizes, development conditions, design standards, impact fees, affordable housing and phasing. Minor modifications to these agreements may be approved by the Community Development Director based on criteria included in the regulations. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. a. LUP-1.2 requires code provisions that "protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses." Developers Agreements provide the City with a mechanism that protects existing neighborhoods while also allowing development to occur. The Planning Commission finds that the code amendments are consistent with this provision. b. NP-2.2 calls for the review and revision of existing land use regulations to provide innovation and flexibility in the design of new residential developments. Developers Agreements provide flexibility on a case by case basis which allows both the developers and the City to create a variety of different housing options. The Planning Commission finds that the code amendments are consistent with this provision. c. IP-encourages the periodic review of programs, procedures, processes and other opportunities of reaching customer service goals. Developers Agreements are a way to offer greater flexibility to those who choose to develop in Spokane Valley. The Planning Commission finds that the code amendments are consistent with this provision. Staff Comment: The proposed amendments meet the above outlined goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Move to advance the ordinance to a second with or without modifications; choose not to advance the ordinance to a second reading; or provide further direction to staff. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 10-004 to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Christina Janssen —Assistant Planner; Mike Connelly-City Attorney ATTACHMENTS: Table 17.80.30, Section 17.80.140, Section 19.30.015 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ADOPTING A NEW SECTION OF THE UNIFORM DEVELOPMENT CODE, SPECIFICALLY SECTION 19.30.015, AND AMENDING EXISTING SECTION 17.80.030 AND 17.80.140 TO ESTABLISH A PROCEDURE FOR CONSIDERATION OF DEVELOPER AGREEMENTS IN CONJUNCTION WITH AN AMENDMENT TO THE COMPREHENSIVE PLAN AND THE COMPANION ZONE CHANGE AND REPEALING ORDINANCE 09-015. WHEREAS, the City of Spokane Valley adopted the Uniform Development Code (UDC) pursuant to Ordinance 07-015 on the 25th day of September, 2007; and WHEREAS,the UDC became effective on the 28th day of October, 2007; and WHEREAS, the adopted UDC does not specifically provide for the consideration of a developer agreement in conjunction with a comprehensive plan amendment and companion zone change processed as part of the City of Spokane Valley's annual amendment to the Comprehensive Plan; and WHEREAS, such an agreement is authorized by RCW 36.70B.170-210; and WHEREAS,the city council approved Interim Ordinance 09-015 on the 11th day of August, 2009; and WHEREAS,the planning commission has reviewed the proposed ordinance and held a public hearing to allow comment from the public on the 14th day of January, 2010, and subsequent to that hearing and deliberations, recommended approval of the same; and WHEREAS, the ordinance was provided to the Department of Commerce for their review pursuant to RCW 36.70A.106 on December 21, 2009. NOW, THEREFORE, THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: amending SVMC 17.80.030: Section 17.80.030 shall be amended as follows: 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to the following table: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross- Reference Accessory dwelling units 19.40.100 Type I Administrative determinations by community development director, Multiple public works director, or building official Ordinance 10-004 Developer Agreement Page 1 of 8 DRAFT Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home occupation permit 19.40.140 Minor modifications of development agreements 19.30.015(I) Record of survey to establish lots within a binding site plan 20.60.040 Right-of-way permits 22.130.060 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or 20 30.060 binding site plan Alterations—Preliminary and final subdivisions, short subdivisions, 20.50 binding site plans Binding site plan—Preliminary and final 20.50 Binding site plan— Change of conditions 20.50 SEPA threshold determination 21.20.060 Type II Shoreline substantial development permit 21.50 Short subdivision—Preliminary and final 20.30, 20.40 Preliminary short subdivision, binding site plan— Change of 20.30 conditions Wireless communication facilities 22.120 Conditional use permits 19.150 Planned residential developments 19.50 Plat vacation 20.70.020 Type Preliminary subdivision— Change of conditions 20.50 III Subdivisions—Preliminary 20.30 Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Type Annual Comprehensive Plan amendments (text and/or map) 17.80.140 Ordinance 10-004 Developer Agreement Page 2 of 8 DRAFT IV Area-wide zoning map amendments 17.80.140 Development Agreements associated with Comprehensive Plan 17.80.140 Amendments Development code text amendments 17.80.150 Section Two: amending SVMC 17.80.140: 17.80.140 shall be amended as follows: 17.80.140 Type IV Applications — Comprehensive Plan Amendments, Development Agreements associated with a Comprehensive Plan Amendment, and Area- wide Rezones A. Initiation. Comprehensive Plan Amendments and Area Wide Rezones may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The Department, Planning Commission, or City Council. B. Applications. Applications shall be made on forms provide by the City. C. Application Submittal: 1. Applicant initiated: Comprehensive Plan Amendments and Area-Wide Rezones shall be subject to a pre-application conference, counter-complete, and fully- complete determinations pursuant to SVMC 17.80.080, 090, and 100. The date upon fully-complete determination shall be the date of registration with the Department. 2. Non-applicant initiated: After submittal of a non-applicant initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area-wide Rezones. The Department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty (60) days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun. Notice shall be distributed as follows: ai. Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of Ordinance 10-004 Developer Agreement Page 3 of 8 DRAFT the current calendar year, shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. 3. Emergency Amendments: The City may review and amend the Comprehensive Plan when the City Council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130 (2)(a). F. Notice of Public Hearing. Comprehensive Plan Amendments and Area-Wide Rezones require a public hearing before the Planning Commission. 1. Contents of Notice. A Notice of Public Hearing shall include the following: a. The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official file; and f. A statement of the right of any person to submit written comments to the Planning Commission and to appear at the public hearing of the Planning Commission to give oral comments on the proposal. 2. Distribution of Notice. The Department shall distribute the notice pursuant to SVMC 17.80.120(2). G. Planning Commission Recommendation — Procedure. Following the public hearing, the Planning Commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the City Council. The Planning Commission shall take one of the following actions: 1. If the Planning Commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the City Council adopt the proposal. The Planning Commission may make modifications to any proposal prior to recommending the proposal to City Council for adoption. If the modification is substantial, the Planning Commission must conduct a public hearing on the modified proposal; 2. If the Planning Commission determines that the proposal should not be adopted, it may, by a majority vote, recommend that the City Council not adopt the proposal; or 3i. If the Planning Commission is unable to take either of the actions specified in subsections (G)(1) or (2) above, the proposal will be sent to City Council with the notation that the Planning Commission makes no recommendation. H. Approval Criteria. 1. The City may approve Comprehensive Plan Amendments and Area-Wide Zone Map Amendments if it finds that: Ordinance 10-004 Developer Agreement Page 4 of 8 DRAFT a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of RCW 36.70A and with the portion of the City's adopted plan not affected by the amendment; c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City must also consider the following factors prior to approving Comprehensive Plan Amendments: a. The effect upon the physical environment; b. The effect on open space, streams, rivers, and lakes; c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools; e. The benefit to the neighborhood, City, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within sixty (60) days of receipt of the Planning Commission's findings and recommendations, the City Council shall consider the findings and recommendations of the Commission concerning the application and may hold a public hearing pursuant to Council rules. The Department shall distribute notice of the Council's public hearing pursuant to SVMC 17.80.120(2). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the City Council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If the modification is substantial, the Council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the Planning Commission for further consideration. J. Transmittal to the State of Washington. At least sixty (60) days prior to final action being taken by the City Council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiate the sixty (60) day comment period. No later than ten (10) days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. Ordinance 10-004 Developer Agreement Page 5 of 8 DRAFT Section Three: amending SVMC 19.30: SVMC Chapter 19.30 shall be amended by adding a new section 19.30.015 as follows: 19.30 Changes & Amendments 19.30.010 Comprehensive Plan Text& Map Amendments Pursuant to RCW 36.70.130(2)(a) proposed updates to the Comprehensive Plan will be processed only once a year except for the adoption of original sub-area plans, amendments to the Shoreline Master program, the amendment of the Capital Facilities Chapter concurrent with the adoption of the City budget, in the event of an emergency or to resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearing Board. Comprehensive Plan text and map amendments are classified as Type IV development applications and shall be processed pursuant to SVMC Chapter 17.80.140. 19.30.015 Development Agreements associated with a Comprehensive Plan Amendment A. Pursuant to RCW 36.70B.170 -210, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. A development agreement and subsequent rezone shall be consistent with applicable development regulations set forth in the UDC, SVMC Chapters 17-24. B. Development Agreements associated with a Comprehensive Plan Amendment are classified as Type IV development applications and shall be processed in compliance with the Comprehensive Plan Amendment and the regulations of RCW 36.70B.170 - 210. C. Development agreements associated with a comprehensive plan amendment and subsequent rezone may be used at the city council's discretion. Development agreements may be used to place restrictions on a proposed amendment to minimize the impacts of future development. D. Development agreement contents 1. For the purpose of this section, development standards may include, but are not limited to the following: a. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes; b. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provision, other financial contributions by the property owner, inspection fees, or dedications; c. Mitigation measures, development conditions, and other requirements under 43.21C RCW; d. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features; e. Affordable housing; Ordinance 10-004 Developer Agreement Page 6 of 8 DRAFT f. Parks and open space preservation; g. Phasing; h. Review procedures and standards for implementing decisions; i. A build-out or vesting period for applicable standards; and j. Any other appropriate development requirement procedure. E. The final decision authority for approval of the development agreement and development plan shall be the City Council set forth in SVMC Chapter 17.80.060 (D). F. The decision of city council on a development agreement and plan in conjunction with a comprehensive plan amendment and subsequent zoning change is the final decision of the city and may be appealed pursuant to RCW 36.70C. G. A development agreement shall be recorded with the Spokane County Auditor at the applicant's expense. During the teen of the development agreement, the agreement is binding on the parties and their successors. H. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement in a manner set forth above unless it is deemed a minor modification as set forth in (I)below. I. Modifications of development plan 1. The director of community development may approve minor modifications to the development plan pursuant to Chapter 17.80.030. 2. Criteria for approving minor modifications include but are not limited to the following: a. Shall conform to the terms of the development agreement b. Shall not reduce landscaping, buffering, or open space areas c. Shall not reduce setback requirements d. Shall not result in an increase in height of any structure e. Shall not result in a change in ingress or egress f Shall not increase any adverse impacts or undesirable effects g. Shall not significantly alter the project Section Four: Repealing ordinance 09-015. Ordinance 09-015 shall be repealed upon the effective date of this ordinance. Section Five: Severability. If any section, sentence clause or phase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, clause or phrase of this Ordinances. Ordinance 10-004 Developer Agreement Page 7 of 8 DRAFT Section Six: Effective date. This ordinance shall be full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this day of February, 2010. Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-004 Developer Agreement Page 8 of 8 41•0°_,..1112ffsmssa Department of Community Development Planning Division City Council 1St Reading Amendments to the Spokane Valley Municipal Code February 9, 2010 40•-•!..1112ffsmssa Department of Community Development Planning Division History September 24th, 2007-Uniform Development Code is adopted. Becomes effective October 28th, 2007. • UDC does not specifically provide for the consideration of a developers agreement in conjunction with a Comprehensive Plan amendment. •RCW 36.70B. 170-210 authorizes the use of Development Agreement in conjunction with Comprehensive Plan amendment. •August 11 , 2009- City Council passes emergency ordinance (09-015 ) to allow for the creation of developers agreements when tied to a specific Comprehensive Plan amendment. 400°_,..1112ffsmssa Department of Community Development Planning Division Purpose Allows greater flexibility for both the City and the developer when considering changes to the Comprehensive Plan. Density Building height Setbacks Landscaping •Any other applicable development standard " " �P TY"A � �K""EV *Siam Department of Community Development Planning Division 41•0°_,..1112wissa A p a r t m e n t H O U s n 9 =32=2 905) %52=2 9075 Proposed Apartment Complex 324:9?51 u 45242.9136 I =U=2 )57 =5242.9453 2 9333 C tly+i Spo►a n a Valley =52=2 4312 =32=21722 52-2 1701 --X21702 e5242.1€14 =S242.160 l(Ma10L =52=21611 4:5242.1521 522.17133 I I53d2.1510 I 4 .1`17 Shelley fake .,�,� 5242.ia18 2 1535 =2=2 1'}� =12=2.1707 45242.1703 L5 3 Lrac.2151L I =52L2'519 '2.21513 1 52.2.1512 452421709 1142K 2.1710 L52=2.15 LS21-21711 rGi ur "`•.. "TY"A«� POK""EV Department of Community Development Planning Division 1-r'i AVL\IJI 45242.9036 46242.9.957 45242.9035 1 I I I 1 I I 45242.9056 45242.90.33 41•0°_,..1112ffsmssa Department of Community Development Planning Division Increased Conditions CPA-01 -09 Increased side yard setback From 5 feet to 40 feet Building height From 50 feet to 35 feet Landscaping Increase Type I Landscape buffer from 5 feet to 10 feet •Density Limit density to 12 units per acre from 22 units per acre " "�� TY"A P�K""EV *Siam Department of Community Development Planning Division Questions? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing 'information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 10-004, adopting Planning Commission Rules of Procedure as follows: The Planning Commission recommends making the following changes to its Rules of Procedure: • Changing reference of Ordinance No. 35 to the Spokane Valley Municipal Code 18.10 • Minor changes for clarification, removal of duplicate language, • Moved section 14 (formerly 15) B from Conflict of Interest to section 7 Voting, where it is more appropriate. • Modified the order of business to match what is current on the agenda being presented • Deleted section 13, on the recommendation of the City Council. Council has stated in the past the desire to maintain the sole right to create temporary committees. Renumbered the rest of the sections. • Changed the review time from every other year to odd numbered years. GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10 PREVIOUS PLANNING COMMISSION ACTION TAKEN: Recommended approval at the December 10, 2009 Planning Commission meeting. Presented as an information item on the City Council on January 12, 2010. BACKGROUND: The Rules of Procedure were updated last in June of 2006. The Procedures currently state that they should be reviewed every other year. This was not done at that time and they need to be amended to current code references, along with clarification of language, one section has been deleted based on previous Council direction, one subsection has been moved to a more appropriate section. OPTIONS: Approve the resolution with or without modifications; choose not to approve the resolution; take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 10-004, adopting Planning Commission Rules of Procedure as amended December 10, 2009. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Kathy McClung, Director ATTACHMENTS: Proposed Resolution 10-004 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-004 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE CITY SPOKANE VALLEY PLANNING COMMISSION RULES OF PROCEDURE WHEREAS, pursuant to the provisions of Spokane Valley Municipal Code Section 18.10.030 establishes the rules for the Spokane Valley Planning Commission and mandates that the Planning Commission shall adopt rules and procedures as are necessary for the conduct of business, subject to the approval of the city council; and WHEREAS,the Planning Commission adopted Rules of Procedure which were last updated June 22, 2006; and the rules call for updating every two years; and WHEREAS, the Planning Commission revised their rules December 10, 2009 which provided clarification and reflects current practice. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington as follows: Section 1. Adoption of Spokane Valley Planning Commission Rules of Procedure. The Spokane Valley City Council hereby adopts the Spokane Valley Planning Commission Rules of Procedure as amended December 10, 2009,which are attached hereto and made a part hereof. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this day of February 2010. CITY OF SPOKANE VALLEY Thomas E. Towey, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 10-004 Planning Commission Rules DRAFT City of Spokane Valley Planning Commission RULES OF PROCEDURE Updated 06-22-2006 Updated 12-10-2009 We, the members of the Planning Commission of the City of Spokane Valley, State of Washington, pursuant to the City of Spokane Valley Municipal Code (SVMC) 18.10, do hereby adopt and publish the following Rules of Procedure ORGANIZATION AND RULES OF PROCEDURE 1. Name A. The "City of Spokane Valley Planning Commission," hereinafter referred to, as the "Commission" is an advisory body created by the City Council for purposes consistent with SVMC 18.10. 2. Location A. The Commission offices shall be the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 18.10. A. Officers of the Commission shall be elected from its membership; the officers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by majority vote. B. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. C. The Vice-Chair shall, in the absence of the Chair from any meeting, perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Department of Community Development or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings are prepared and filed in the public record. Resolution 10-004 Planning Commission Rules DRAFT C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. 5. Election of Officers A. Officers shall be elected at the first regular meeting in the 12th calendar month of each year, by majority vote of the membership of the Commission. Terms of office shall run from January 1 until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No member shall serve as vice-chair for more than two full consecutive terms. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission is eligible to fill the vacancy. However, no member can hold two office positions. 6. Quorum A. A quorum shall consist of four members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for public hearings and study sessions. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters, which require adoption or changes to the City's Comprehensive Plan and the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote but no proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in . attendance at all public hearings regarding such matter or has listened to the taped recording of the public hearing and reviewed the written record of the matter in question 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled on the 2nd and 4th Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. Resolution 10-004 Planning Commission Rules DRAFT 1. Meetings on General Planning Matters. General planning matters to be reviewed by the Commission will be typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staff. Generally, no testimony from the public shall be taken at a study session. 2. Public Hearing Meeting. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or, in the absence of the Chair, by the Vice-Chair. Notice of cancellation shall be given personally to Commission Members and to the public by posting a notice at Commission offices. 4. The recommended order of business for meetings is: (a) Call to order by Chair. (b) Pledge of Allegiance. (c) Roll call by recording secretary. (d) Approval of Agenda. (e) Approval or amendment of minutes. (f) Public Comment (g) Commission Members Report (h) Administrative Report. (i) Commission Business. a. Old Business b. New Business (j) For the Good of the Order. (k) Adjournment. B. Planning Commission meetings shall be held in accordance with the requirements of the Open Meetings Act, RCW Chapter 42.30. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or, in the Chair's absence, by the Vice-Chair. 2. By the written request of three or more members of the Commission. 3. By agreed motion of the Commission. 9. CONDUCT OF HEARINGS A. Actions for a Planning Commission Public Hearing. 1. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard shall sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak Resolution 10-004 Planning Commission Rules DRAFT as proponent, opponent, or otherwise. Any person who fails to sign in shall not be permitted to speak until all those who signed in have done so. At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard.. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.) B. The Chair introduces the agenda item, opens the public hearing, and announces the following Rules of Order: 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. Demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation are prohibited. It is distracting to the Commission and persons testifying. 5. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard and to ensure that individuals are not embarrassed by exercising their right of free speech. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Commission members should now give consideration as to whether they have: (1) A demonstrated bias or prejudice for or against any party to the proceedings; (2) A direct or indirect financial interest in the outcome of the proceeding; (3) A prejudgment of the issue prior to hearing the facts on the record, or (4) Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. Please refer to Section 16(B) for more specific information on how to proceed where there has been an ex parte communication. Resolution 10-004 Planning Commission Rules DRAFT If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. CONDUCTING THE PUBLIC HEARING The Chair announces the matter and opens the public hearing stating the date and time. The Chair allows staff to describe the matter under consideration and place matters in the public record. The Chair inquires as to whether Commissioners have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. The Chair allows proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. At the conclusion of the public testimony, the Chair asks staff if there is_any additional information, testimony or evidence to submit for the record. The Chair either closes or continues the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, unless the Chair declares the record open until a date certain for the purpose of receiving written testimony or materials. The Chair inquires if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion occurs among Commission members. The Chair inquires if there is any further discussion by the Commission members. The Chair inquires if there are any final comments or recommendations from staff. The Chair inquires of the Commission members if they are ready for the question. The Secretary records a roll call vote. The Chair may direct staff to prepare findings for approval. Resolution 10-004 Planning Commission Rules DRAFT D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Department of Community Development in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Planning Commission shall be sent to each member up to seven (7) days prior to the date of the meeting. B. If available, staff reports will be sent to Planning Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. 11. Minutes and Communications with the City Council. A Minutes of all meetings shall be kept and the complete files of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and upon approval shall become part of the official record of action of the Commission. Minutes shall also be transmitted as correspondence to the City Council for general information. B The assigned City Council Liaison may attend meetings for the purposes of communications with the Council as set forth in the "CITY OF SPOKANE VALLEY GOVERNANCE COORDINATION MANUAL." 12. Recording of Meetings Proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13 Code of Conduct A. Prohibited Acts. Members of the Commission are prohibited from: 1. Acting in a manner, which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing six (6) or more regularly scheduled meetings or study sessions in a 12-month period without such absence being excused by the Commission. Resolution 10-004 Planning Commission Rules DRAFT 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly giving or agreeing to receive compensation, gifts, rewards, or gratuities from any source, except the City of Spokane Valley, for a matter connected with or related to the services as a member of the Commission, unless otherwise provided by law. 6. Accepting employment or engaging in business or professional activities that he or she might reasonably expect would require or induce said member to disclose confidential information acquired by reason of membership on the Commission. 7. Disclosing confidential information gained by reason of his or her membership on the Planning Commission or using such information for his or her personal gain or benefit. 14. Conflict of Interest A. Any Commission member having a direct or indirect interest in, or who would benefit from any matter, shall disclose this interest and shall, if deemed appropriate by that commissioner or required by law, refrain from participating or voting on the matter. 15. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the appearance of fairness doctrine, RCW Chapter 42.36. B. During the pendency of any quasi-judicial proceeding, no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding, unless the Commission member: (1) places on the record the substance of such oral or written communications; and (2) provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) 16. Review of These Rules of Procedure The Planning Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Any amendments identified by the Planning Commission shall be forwarded to the City Council for review and ratification. Resolution 10-004 Planning Commission Rules DRAFT KNOW ALL PERSONS BY THESE PRESENTS: That the undersigned Secretary of the Spokane Valley Planning Commission does hereby certify that upon review and majority vote, the above and forgoing rules have been duly adopted by the members of said Commission. BY: Secretary of the Commission Date: Resolution 10-004 Planning Commission Rules CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion consideration - Interlocal agreement with Spokane County — 2010 JAG grant funds GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Approval to staff to apply for 2010 Justice Assistance Grant (JAG) in Summer, 2009. Authorized staff to execute interlocal agreement with Spokane to receive funds 12-8-09. BACKGROUND: The Council previously authorized staff to apply for a 2010 Edward Byrne JAG grant in conjunction with Spokane and Spokane County. A grant was awarded, with the City of Spokane being the fiscal agent for the funds. Under the grant, the City of Spokane Valley is entitled to receive $50,367. The City executed an interlocal with the City of Spokane in December, 2009 spelling out the terms under which the funds will be administered, and the rights and obligations of the respective jurisdictions for the City of Spokane to receive the funds. The City will not receive the funds until after we have expended them, then would submit a reimbursement request to the City of Spokane. This interlocal, now with Spokane County, is with Spokane County as our contract service provider. Spokane County would spend up to $12,500 for prosecution purposes consistent with the grant between now and September 30, 2012, and the City of Spokane Valley would reimburse Spokane County. Specifically, Spokane County wants to use the funds to help pay salary and benefits of a "Criminal History Specialist" at the Prosecuting Attorney's office. We would then seek reimbursement from the City of Spokane. The remainder of the funds will be utilized for other criminal justice-related services in the future on an as-needed basis. OPTIONS: Request changes to interlocal agreement; place on subsequent agenda for motion to authorize staff to execute the proposed interlocal as drafted (such motion can be on the consent agenda or as a regular action item) RECOMMENDED ACTION OR MOTION: I move that we authorize the City Manager or designee to execute the proposed interlocal agreement authorizing expenditure of 2010 Edward Byrne Justice Assistance Grant with Spokane County. BUDGET/FINANCIAL IMPACTS: Reimbursement obligation of $12,500 in grant funds to Spokane County, which is then required to be reimbursed to Spokane Valley by the City of Spokane. STAFF CONTACT: Cary Driskell, Deputy City Attorney; Rick VanLeuven, Police Chief ATTACHMENTS: Proposed interlocal agreement Return to: City Clerk City of Spokane Valley 11707 E. Sprague Ave., Ste. 106. Spokane Valley,WA 99206 City Clerk's No. INTERLOCAL AGREEMENT THIS AGREEMENT is between the CITY OF SPOKANE VALLEY, a Washington State municipal corporation, having offices at 11707 E. Sprague Ave., Ste. 106, Spokane Valley, Washington 99206, hereinafter referred to as the "City," and the SPOKANE COUNTY PROSECUTOR, having offices at 1100 West Mallon Avenue, Spokane, Washington 99260, hereinafter referred to as the "County," and jointly hereinafter referred to as the "Parties." WITNESSETH: WHEREAS, the Parties made a joint application along with Spokane County and the City of Spokane for an Edward Byrne Memorial Justice Assistance Grant (JAG) Program, hereinafter referred to as the "Grant;" and WHEREAS, the Grant 2009-DJ-BX-0482 was awarded; and WHEREAS, the County was designated to receive funds from the Grant; and WHEREAS, the City of Spokane has been designated applicant/fiscal agent in conjunction with the Grant; and WHEREAS, the City of Spokane Valley is designated as a sub-recipient of the grant and desires to pass through a portion of the award to Spokane County to support a criminal history specialists -- Now, Therefore, The Parties agree as follows: 1. PURPOSE. The purpose of this agreement is to set forth the Parties' understanding of the terms and conditions under which the City will disburse grant funds to the County Prosecutor. 1 2. PERFORMANCE. The County agrees to perform the following: A. Provide salary and benefits for a Criminal History Specialists. The City's role as to the Project shall be only of funding. 3. TERM. This agreement shall begin October 1, 2009 and shall run to September 30, 2012, or until the funds as set forth in Paragraph 4 - FUNDING are expended, whichever comes first. Either party may terminate this agreement at any time for cause after a reasonable time to cure the breach of contract upon thirty (30) days written notice to the other party. 4. FUNDING. The City shall disburse funds in the amount of TWELVE THOUSAND FIVE HUNDRED AND NO/100 DOLLARS ($12,500.00)to the County. 5. PAYMENT. The County will invoice the City for its services on a periodic basis. Payment by the City will be due thirty (30) days after receipt of the County's invoice. Application for payment shall be made to the Attention: Saydee Wilson, Finance Department, City of Spokane Valley, 11707 E. Sprague Ave., Ste. 106, Spokane Valley, Washington 99206. 6. ASSIGNMENT. This agreement shall be binding upon the Parties, their successors and assigns. No party may assign, in whole or in part, its interest in this agreement without the approval of the other party. 7. NOTICES. All notices shall be in writing and served on any of the Parties either personally or by certified mail, return receipt requested, at their respective addresses. Notices sent by certified mail shall be deemed served when deposited in the United States mail, postage prepaid. 8. INDEMNIFICATION. Each party to this agreement shall be responsible for damage to persons or property resulting from negligence on the part of itself, its employees or its officer. Neither party assumes any responsibility to the other party for the consequences of any acts or omissions of any person, firm or corporation not a party to this agreement. Each party shall be responsible for its own negligence and neither party shall indemnify or hold the other party harmless. 9. ANTI-KICKBACK. No officer or employee of the City, having the power or duty to perform an official act or action related to this agreement shall have or acquire any interest in the agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the agreement. 10. VENUE. This agreement shall be construed as having been made under the laws of the State of Washington that shall be applicable to its construction and enforcement. Any action at law, suit in equity, or judicial proceeding for the enforcement of this agreement or any of its provisions shall be instituted only in the courts of competent 2 jurisdiction within Spokane County, Washington. 11. COMPLIANCE WITH LAWS. The Parties shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. 12. NON-DISCRIMINATION. No individual shall be excluded from participation in, denied the benefit of, subjected to discrimination under, or denied employment in the administration of or in connection with this agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. 13. GRANT REQUIREMENTS. The terms and conditions to the Edward Byrne Memorial Justice Assistance Grant (JAG) 2009-DJ-BX-0482 are incorporated by reference into this agreement and the Parties agree to comply with them. 14. MISCELLANEOUS. A. NON-WAIVER. No waiver by any Party of any of the terms of this agreement shall be construed as a waiver of the same or other rights of that Party in the future. B. ENTIRE AGREEMENT. This agreement contains terms and conditions agreed upon by the Parties. The Parties agree that there are no other understandings, oral or otherwise, regarding the subject matter of this agreement. No changes or additions to this agreement shall be valid or binding upon the Parties unless such change or addition is in writing, executed by the Parties. C. MODIFICATION. No modification or amendment to this agreement shall be valid until put in writing and signed with the same formalities as this agreement. D. HEADINGS. The section headings appearing in this agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. E. COUNTERPARTS. This agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. F. SEVERABILITY. If any parts, terms or provisions of this agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the Parties shall not be affected 3 in regard to the remainder of the agreement. If it should appear that any part, term or provision of this agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this agreement shall be deemed to modify to conform to such statutory provision. G. RELATIONSHIP OF THE PARTIES. The Parties intend that an independent contractor relationship will be created by this agreement. No agent, employee, servant or representative of the County shall be deemed to be an employee, agent, servant or representative of the City for any purpose. Likewise, no agent, employee, servant or representative of the City shall be deemed to be an employee, agent, servant or representative of the County for any purpose. 15. RCW 39.34 REQUIRED CLAUSES. A. PURPOSE. See Section No. 1 above. B. DURATION. See Section No. 3 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. No new or separate legal or administrative entity is created to administer the provisions of this agreement. D. ADMINISTRATION. The County contract administrator shall be the Spokane County Prosecutor. The City administrator shall be the Saydee Wilson, Finance Department.. E. RESPONSIBILITIES OF THE PARTIES. See provisions above. F. AGREEMENT TO BE FILED. The City shall file this agreement with its City Clerk. The County shall file this agreement with its County Auditor or place it on its web site or other electronically retrievable public source. G. FINANCING. Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. H. TERMINATION. See Section No. 3 above. I. PROPERTY UPON TERMINATION: Title to all property acquired by any Party in the performance of this agreement shall remain with the acquiring Party upon termination or expiration of the agreement. Jointly acquired property shall be divided in proportion to the percentage share of each Party contributing to its acquisition. 4 Dated: BOARD OF COUNTY COMMISSIONERS OF SPOKANE, COUNTY, WASHINGTON TODD MIELKE, Chair MARK RICHARD, Vice-Chair BONNIE MAGER, Commissioner ATTEST: CLERK OF THE BOARD Approved as to form: By: Daniela Erickson Deputy Civil Prosecuting Attorney Dated: CITY OF SPOKANE VALLEY By: Title: Attest: Approved as to form: City Clerk Assistant City Attorney 09-443 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion to approve Letter of Agreement for Acting City Manager GOVERNING LEGISLATION: RCW 35A.13.150 PREVIOUS COUNCIL ACTION TAKEN: Council has been advised of options for the replacement of both the acting city manager and permanent city manager. Council further met in executive session to evaluate the qualifications of the Deputy City Manager on February 1, 2010, and approved amended Resolution 10-003 designating the Deputy City Manager to perform the duties of the City Manager until such time as a permanent City Manager is selected, further to authorize the Mayor to negotiate and present for council consideration, a Letter of Agreement for Acting City Manager. BACKGROUND: The Mayor and Deputy City Manager have met. A negotiated agreement is attached as exhibit A for council consideration. OPTIONS: Approve, disapprove or recommend changes to the attached agreement. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: See agreement STAFF CONTACT: Mike Connelly, city attorney ATTACHMENTS: A. Letter of Agreement for Acting City Manager. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Spokane County Community Services, Housing and Community Development Department Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Kate Kennedy of Spokane County Community Services, Housing and Community Development Department, will speak concerning homelessness. l y • SpoKAK Comfy The Spokane County, Community Services,Housing, and Community Development Department has received a$622,278 grant through the American Recovery and Reinvestment Act of 2009. These dollars will help individuals, in need of rent and utility assistance, before they become homeless. The grant money is being made available through the federal Department of Housing and Urban Development (HUD),which allows Spokane County to administer the Homelessness Prevention program to outlying areas. These funds are designated to provide assistance to households in the following areas; Liberty Lake, Millwood, Spokane Valley, Latah, Fairfield, Cheney, Medical Lake, Rockford, Spangle,Airway Heights, Deer Park,Waverly and unincorporated areas of Spokane County. Those interested in applying for assistance must first complete a screening survey. Applicants may call 2-1-1 and apply over the phone, access the survey directly at www.spokanecountvhprp.com or learn more about the program and access the survey on the county website at www.spokanecountv.org. Simply click on the Homelessness Prevention Program icon on the home page. The attachment is provided as a promotional tool for this program. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Spokane County Envelope stuffer for 2-1-1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Admin Report: Milwaukee Right-of—Way GOVERNING LEGISLATION: RCW 35.02.180 PREVIOUS COUNCIL ACTION TAKEN: Council previously has authorized negotiations with Spokane County concerning the use of the right-of-way and authorized initiation of suit to Quiet Title as to the right-of-way in question. The City Council has further identified the property in question as a future roadway on the Arterial Street Plan, as part of the Spokane Valley Comprehensive Plan, the Six-Year Transportation Improvement Program and the Spokane Metropolitan Transportation Plan. As set forth below, improvement of this right-of-way is also contemplated by the Sprague Appleway Subarea Plan approved by the City Council in August of 2009. BACKGROUND: 1. In 1980, Spokane County purchased the Milwaukee right-of-way from the Chicago, Milwaukee, St. Paul and Pacific Railroad, via a Quit Claim Deed for the amount of $3,250,000 with moneys from the Spokane County Sewer Interceptor Construction Fund. The County constructed a sanitary sewer interceptor line under much of the right- of-way as well as granting AVISTA the authority to install and maintain high voltage power lines over portions of the north side of the right-of-way. In 1986, the County transferred ownership of the right-of-way to the Spokane County Road Fund. 2. Spokane County prepared, approved and recorded a dedication Resolution dedicating this property for "public road purposes" on April 26, 1994, pursuant to Spokane County Resolution 94-0587. 3. A portion of the right-of-way, from the Dishman Mica Roadway east to University, was improved by the County in 2001. The County does not dispute that this portion of the right-of-way transferred to the City of Spokane Valley upon incorporation. 4. Prior to the incorporation of the City of Spokane Valley, Spokane County requested and obtained approval for approximately 4.2 million dollars in TIB funds to be used for the construction of the right-of-way from University to Evergreen. A portion of the right- of-way was also identified as a proposed Urban Principle on the Spokane County Arterial Road Plan. Subsequent to incorporation, Spokane County transferred the right to receive these funds to the City of Spokane Valley. These funds have not been accessed due to uncertainties concerning the ownership and future development of the roadway. 5. After incorporation, the County and City engaged in negotiations for the transfer of this property to the City but were unable to reach an agreement. One concern was the desire of the County, the STA (Spokane Transit Authority) and the City to preserve sufficient property for some kind of rapid transit within the right-of-way along with an improved roadway. The right of way in question varies in width from 50 feet in some places to 100 feet in others. Future road plans, adopted by the City of Spokane Valley, call for the construction of a roadway requiring approximately 77' and the reservation of approximately 28' as a rapid transit corridor. The responsibility for the purchase or acquisition of property at those points where the right-of-way was less than 100 feet was a second point of contention between the parties. 6. Unable to resolve the matter by negotiation, the City initiated a suit for Declaratory Judgment and to Quiet Title asking the Court to determine whether or not the property transferred upon the date of incorporation, as a matter of law. Both the Superior Court and the Court of Appeals held that title to the right-of-way was held by the County. The Supreme Court denied review. 7. On September 4, 2007, Spokane County transferred to the City of Liberty Lake the portion of the right-of-way lying within the City's corporate boundaries, reserving a 28 feet easement along the south side of the right-of-way for light/rail/mass transit, pursuant to Resolution 7 0742. A copy of that Resolution is attached as Exhibit A. 8. STA has also indicated its interest in the preservation of a portion of this right-of-way as a potential rapid transit corridor. In 2009, STA set aside funds for the purchase of right-of-way along this corridor, specifically at those locations where the right-of-way was less than 100 feet. The City has met with STA and attempted to fashion an Interlocal Agreement to accommodate both parties' needs, but, due to the uncertainty surrounding the ownership of the right-of-way and the location of a future rapid transit corridor, has been unable to complete those discussions. 9. During and after the tenancy of the lawsuit, the City drafted and in late 2009 approved the Sprague Appleway Subarea Plan which overlays a portion of the right-of-way in question. The Subarea Plan contemplates the eventual extension of Appleway from University to Conklin and has adopted specific development regulations concerning development adjacent to this right-of-way, assuming that it will, in the future, be constructed. 10. The last offer and counter offer concerning the transfer of this right-of-way are also attached as Exhibit B and Exhibit C. OPTIONS: Council Information RECOMMENDED ACTION OR MOTION: Council Discretion BUDGET/FINANCIAL IMPACTS: Significant but not calculated for this presentation. STAFF CONTACT: Mike Connelly ATTACHMENTS: Exhibit A — Resolution 7 0742 Exhibit B — Letter to Spokane County dated May 16, 2007 Exhibit C — Letter from Spokane County dated March 24, 2008 II I III �� II11I 1111111111M11111111 II4 5e 0,2136 o16 1a.4LA SPOKANE CA ENSSINEERINC+ RES 50.00 Spokane Co: WA After Recording Return to: Spokane County Engineer Atm: Engineering Administration, 1026 W. Broadway Ave., Spokane WA 99260 NO.. 7 0742 (, BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MATTER OF DEDICATION OF ) COUNTY OWNED PROPERTY FOR ) RIGHT OF WAY PURPOSES TO THE CITY OF ) RESOLUTION LIBERTY LAKE BEING A PORTION OF THE ) CHICAGO,MILWAUKEE, ST.PAUL AND ) PACIFIC RAILROAD ASSESSOR'S TAX PARCEL ) NOS.55115.9018 AND 55105.9140 ) COUNTY ENGINEER'S ROAD FILE NO.23I2-D ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County (hereinafter sometimes referred to as the "Board") has the care of County property and the management of County funds and business. WHEREAS,pursuant to the provisions of RCW 36.34.290 the Board of County Commissioners may dedicate any county land to public use for public streets and alleys in any city or town. WHEREAS, that.portion of the former Chicago, Milwaukee, St. Paul and Pacific Railroad (hereinafter sometimes referred to as"former railroad property") right of way proposed to be dedicated is adjacent to Appleway Boulevard,an Established public street within the City of Liberty Lake. WHEREAS,that portion of the former Chicago,Milwaukee, St. Paul and Pacific Railroad right of way proposed to be dedicated is owned by Spokane County as General property within the jurisdictional boundaries of the City of Liberty Lake. WHEREAS, the following License agreements have been granted by Spokane County over, under, above and across certain portions of the former railroad property to the owners of adjacent properties all located within the City of Liberty Lake and it is the recommendation of the County Engineer that the following License agreements be transferred to the City of Liberty Lake for administration of these agreements: ® Resolution 91-0817,Hal R.Dixon Trust,June 18, 1991 ® Resolution 88-0432,Gerald and Barbara Frislie,May 3, 1988 11111 III. I I.1111 II 1II I I III 5590308 e 2 f ` +3,c0.c00, 09 41A SPOKANE LO ENGINEERING RE' ff+.00 Spol:ane Co: WA • Resolution 05-0964,Hunt Family Properties,LLC,October 25,2005 • Resolution 05-0965,Hunt Family Properties,LLC,October 25,2005 • Resolution 90-0918,Medco AKA National Rx Services,July 30, 1990 • Resolution 01-0595,SDS Properties Liberty Lake,LLC,June 28,2001 • Resolution 99-0713,Spokane Teachers Credit Union,August 10, 1999 • Resolution 97-0996,Telect,Inc.,October 21, 1997 WHEREAS, this portion of the former railroad property is part of a contiguous corridor purchased in fee simple by Spokane County for $3,400,000.00 (Three-Million Four Hundred Thousand dollars) to provide for transportation and utilities to include a mass transit corridor through the City of Liberty Lake and the City of Spokane Valley. To preserve said corridor the County Engineer recommends that the south 28 feet of this proposed dedication be reserved for light rail/mass transit. WHEREAS, Spokane County has heretofore conveyed by Quit Claim Deed per County Commissioners Resolution No. 96-0238 certain portions of the former railroad property to the owners of property lying south of Appleway Boulevard, east of Liberty Lake Road and west of Signal Road retaining a 22 foot easement adjacent to the south side of Appleway Boulevard. WHEREAS, the Spokane County Engineer, working in conjunction with the City of Liberty Lake deems it in the best interests of the public that the property described in the immediately following recital be dedicated to the City of Liberty Lake for streets and recommends approval of this dedication for roadway purposes, together with conveyance of all License Agreements aforementioned and all easements for light rail/mass transit reserved through Commissioners Resolution No. 96-0238 property transactions that have between property owners located between Liberty Lake Road and Signal Road on the former railroad property; and finally that a 28 foot easement be retained for light rail/mass transit along the south side of this dedication. WHEREAS, following are the legal descriptions of the portions of the former railroad property subject to said dedication: ASSESSOR'S TAX PARCEL NO. 55105.9140 A portion of the former Chicago,Milwaukee, St. Paul and Pacific Railroad right of way within the South-half of Section 10, Township 25 North, Range 45 East, Willamette Meridian, lying Northeasterly of the Easterly Iine of Homestead Commercial site all situate within Spokane County,Washington. ASSESSOR'S TAX PARCEL NO.55115.9018 And a portion of the former Chicago, Milwaukee, St.Paul and Pacific Railroad right of way within the Northwest Quarter and Southwest Quarter of Section 11, Township 25 North, Range 45 East, Willamette Meridian all situate within Spokane County, Washington. NOW THEREFORE BE IT RESOLVED by the Board of County Commissioners of Spokane County, Washington, pursuant to the provisions of RCW 36.32.120(6) and RCW 36.34.290, that the Board does hereby accept the recommendation of the County Engineer and that the aforementioned former railroad property (the "Property") be and are hereby dedicated to the City of Liberty.Lake for roadway purposes subject to: NEM , 1111111 111111 1 fill I1 Ill FAQ ; ! �9,E0,X00. 09 41A SPOKANE CO EN)INEERIPJG RES 40.00 :;Ftiolaie Co: 11R (1) Transfer by Spokane County of all aforementioned License agreements that currently exist over the Property to the City of Liberty Lake for administration,and (2) Those certain easements granted along the north 22 feet of those properties conveyed by Commissioners Resolution No. 96 0238 that provides for a 22 foot light rail/mass transit corridor adjacent to Appleway Boulevard;and (3) Reservation to Spokane County an easement for light rail/mass transit over the South 28 feet of the Property. BE IT FURTHER RESOLVED,by the Board of County Commissioners of Spokane County, Washington,that each of the hereinbefore recitals are adopted with and made a party of the dedication. PASSED AND AD I PTED by the Board of County Commi ioners of Spokane County, Washington this day of ,,i_i_,% . ,2007. co cons No,i p , sly ,&oG� /`r'm :y�°�i r � •RK RICHARD,Chair {{- i � ' Z.3 ATTEST: �' I t $ IE MAGER,Vice-Chair 41 By / E;. 1_ _ /�- Daniela Erickson f - Clerk of the Board TO io D MIELKE,Comm ssioner STATE OF WASHINGTON ) ) ss. County of Spokane ) On this 144'7 day of 4,p . ,2007,before me,the undersigned,a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared, MARK RICHARD, BONNIE MAGER and TODD MIELKE to me known to be the Commissioners of the Board of County Commissioners of Spokane County, a political subdivision of the State of Washington, that executed the 1 within and foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said political subdivision, for the uses and purposes therein mentioned,and on oath stated that they were authorized to execute said instrument,and that the seal affixed is the seal of said County. IN WITNESS WHEREOF,I have hereunto set my hand . • .ffixed ffixed my seal the day and year first rst 1 written above. If .°e„„„„i1tI„0 \\.\ -1,P:....S $46161 ''.°1 i'� Washington,residing at Spokane. State of S. i' `' 00 ritgd \9Z My commission expires: le- 17—g0/0 4,4: '''‘f MC 1 r 66!% SCITY ors pokane Valley 11707 E Sprague Ave Suite 106 0 Spokane Valley WA 99206 509.921.1000 ® Fax: 509.921.1008 0 cityhall@spokanevalley.org WA'F. ...4szue -146FreAMErldatrnalss. May 16, 2007 �. m .; . David W. Hubert Deputy Prosecuting Attorney ' 6 no 1115 West Broadway Avenue Spokane WA, 99260 t)s t ` ` "N p r9E( L !NG AT-10[ 4 Re: City of Spokane Valley v. Spokane County Superior Court Cause No.: 06-2-0573-8 Dear Dave: Thank you for your offer of April 17, 2007. The City would like to suggest a counter offer as outlined below. Any agreement would be subject to being reduced to a written agreement with approval by the City Council. This document should be considered an offer of settlement p ursuant to ER 408. We recognize the goals and priorities of Spokane County. We also appreciate the County's recognition of the goals and priorities of the City of Spokane Valley. A few of the City's goals enumerated in your correspondence are, as you know, at risk if we cannot resolve this issue immediately. We intend to place the extension of Appleway Avenue east of University to beyond Sullivan Road on the Metropolitan Transportation Plan in June based on the results of the City's Sprague/Appleway Revitalization Plan study. This would allow the City to apply for TIB grant funds in August, 2007. We are also in the process of finalizing our City Center and Sprague/Appleway Corridor plans, and have begun the process of contacting property owners as the first step toward creating a city center in the City of Spokane Valley. Uncertainty with respect to the property in question could derail both of these efforts. The suggested twits are as follows: 1. RIGHT OF WAY BETWEEN UNIVERSITY AND EVERGREEN a. The County would immediately transfer/acknowledge our ownership in the right-of-way property between University and Evergreen, including any adjacent property owned by Spokane County, by quit claim deed to the City subject to (a) an easement for the construction, repair, maintenance, and operation of sewer and other utilities within the Property as well as (b) in all areas where the Property, including county property adjacent to the right of way, is at least one hundred (100) feet wide, a twenty-eight (28) foot easement for a regional mass transportation corridor located within the right of way at issue. The specific location of the easement would be negotiated at a later date. If agreed, the location of the easement could be relocated off the property. Both parties would agree to negotiate this issue in good faith and further agree to enter into mediation at either party's request. On those portions of the Property that are less than one hundred (100) feet wide, including county property adjacent to the right of way, the County will transfer to the City the existing property. Any such property in excess of seventy two (72) feet in width will be reserved as an easement for mass transportation corridor as specified above. If the described property has a width of less than seventy two (72) feet the City will be responsible for the acquisition of any additional property it deems necessary for its improvements. Finally, the City shall have the right to construct improvements upon the described property in any location until such time as the easement is specifically located. 2.RIGHT OF WAY BETWEEN ARGONNE AND UNIVERSITY a. Where the current right of way is one hundred (100) feet in width the City would grant to the County a twenty-eight (28) foot easement located within the right of way of the existing Appleway Avenue for a regional east-west mass transportation corridor beginning at Argonne Road and running east to Farr Road. (This represents approximately the same proportional length as the University to Evergreen section of the property in relation to the total property in dispute. It is anticipated that the remaining easement contained within the Argonne to University section of constructed roadway would be resolved when a solution as to the remainder of the property in dispute is reached.) The location of this easement would be as is described previously in paragraph 1. 3. ADDITIONAL TERMS a. The City will enforce setbacks and future acquisition areas along the boundary of the entire right of way between University and the City limits to allow for the future one hundred(100) feet wide right of way. b. The parties would agree to enter into mediation as to the transfer of the remaining portions of this right of way (From Evergreen to the City limits) and the conditions that would be attached to such a transfer. c. The City and County would dismiss their respective claims against one another without costs. Claims as to the portion of the roadway between Evergreen and University would be dismissed with prejudice. I look forward to our response. }} Cary Di'kell Deputy City Attorney , 3 a I ',33 ..i� _ SPOKANE ,,4, r � 1 COUNTY STEVEN J.TUCKER OFFICE OF PROSECUTING ATTORNEY MAIL TO: PROSECUTING ATTORNEY Civil Division 1115 W.Broadway Avenue Spokane,WA 99260-0270 MARCH 24, 2008 (509)477-5764 FAX:477-3672 RECEIVED Mr. Michael F. Connelly City Attorney MAR 2 6 2008 City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley,Washington 99206 CITY OF SPOKANE VALLEY LEGAL DEPARTMENT Re: City of Spokane Valley v. Spokane County Superior Court Cause No.: 06-2-05375-8 Court of Appeals File No.: 26268-5-111 Milwaukee RR Right of Way—Quiet Title Action Dear Mike: Thank you for your e-mail February 14, 2008 explaining that the offer of settlement tendered by Spokane Valley City, dated May 16, 2007, is still on the table. Upon receiving the offer in May of 2007 I immediately presented it to my clients. You will recall that the hearing of our competing summary judgment motions was set before Judge Moreno on May 18, 2007. I recall that prior to entering the courtroom for the hearing I had explained to you and Mr. Driskell that my clients had considered the May 16, 2007 offer and chose not to accept it but rather would rely upon the Court's decision to resolve the matter. I apologize for not having conci"led that conversation in writing. The offer having been reiterated by your clients I have again discussed it with my clients for their thoughts now that the litigation has proceeded to the Appellate Courts. Although my clients can not accept the offer extended in the May 16, 2007 offer, they are still open to a compromise that will substantially achieve the goals of both the City of Spokane Valley and regional goals that our clients have identified in their previous conversations and correspondences. Those goals having been identified as: ❑ ❑ ❑ ❑ ❑ Criminal Department Civil Department Domestic Violence Unit Drug/Property Department Juvenile Department 1100 W.Mallon Avenue 1115 W.Broadway 901 N Monroe,Suite 200 721 N.Jefferson 1208 W.Mallon Avenue Spokane,WA 99260-0270 Spokane,WA 99260-0270 Spokane,WA 99201 Spokane,WA 99260-0270 Spokane,WA 99260-0270 (509)477-3662 FAX:477-3409 (509)477-5764 FAX:477-3672 (509)835-4500 FAX:835-4552 (509)477 6416 FAX:477-6450 (509)477-6046 FAX:477-6444 Mr. Michael F. Connelly March 24, 2008 Page 2 Regional Goals • A continuous regional transportation corridor connecting Liberty Lake and the City of Spokane Valley on the east to the City of Spokane and eventually Cheney on the west. • An East to West mass transit/alternative transportation corridor extending to and through the urban communities along the right of way. • A corridor for the installation, maintenance and protection of a sanitary sewer line and other County utilities infrastructure to and through the urban communities lying along the right of way property. • Avoid liability to the County for conditions and/or events that may have occurred at or upon the property that were outside of the control of the County. City of Spokane Valley's Goals • Predictability regarding the portion of the right-of-way property between University and Evergreen roads. • A sub-area plan for the completion of the Appleway Couplet. • Ownership of the property for the purpose of obtaining federal funding related to the construction of the Appleway Couplet upon the Property. • Reliance upon the Appleway Couplet to meet transportation concurrency in Spokane Valley City. • Specifically to address failing intersections at Pines and Sprague Ave and at Sullivan and Sprague Ave. • Desire for flexibility regarding the location of a regional East-West mass transportation corridor within the City. The compromise that my clients feels most fairly balances the goals and interests identified by both of our clients over the past several years that negotiations for the transfer of this property to the City of Spokane Valley has been going on, is summarized as follows: 1. The County would immediately transfer the property commonly referred to as the Milwaukee Rail Road property located between University Road on the west extending east to the City of Spokane Valley corporate limits (hereinafter "the Property") to the City, except for the south 28 feet of the Property in all areas where the Property is at least one hundred (1.00) feet wide, and on those portions of the Property that are less than one hundred (100) feet wide, extending from a line lying fifteen feet south of and parallel to the existing sanitary sewer line to the south boundary line of the Property, but not to exceed 28 feet in total width from the south boundary of the property. For the purpose of identification, the exception to the conveyance as described in this paragraph will be herein referred to as the"Mass Transportation Corridor". Mr. Michael F. Connelly March 24, 2008 Page 3 2. That portion of the Property less the Mass Transportation Corridor as described in paragraph 1 above shall be subject to an easement for the construction, repair, maintenance, and operation of sewer and other utilities within the Property, 3. The County would consider in good faith an exchange with the City of the Mass Transportation Corridor property for the proposed relocation of the regional Mass Transportation Corridor to another location on the Property or off of the Property. The County would not oppose binding dispute resolution methodology in the event the Parties can not mutually agree on a proposed relocation or shift of the easement. 4. The City agrees to enforce building set backs and the preservation of future acquisition areas along the boundary of the Property and the Mass Transportation Corridor to allow for a full twenty-eight (28) feet width of the Mass Transportation Corridor in the future. 4. In those areas where the Property is less than one hundred (100) feet wide as described in paragraph (1), the City agrees to assist the County or its successor and/or assigns in future acquisition of the additional property necessary to complete a twenty- eight (28) foot width of the Mass Transportation Corridor by employing the City's authority in eminent domain as may be necessary. 5. The City would transfer to the County or is successor and/or assigns by quit claim deed a twenty-eight (28) foot easement for mass transit purposes over the southern side of that portion of Appleway Boulevard owned by the City generally described as Appleway Boulevard between the eastern boundary of the intersection of University Road and Appleway Boulevard and the western boundary of the intersection of Appleway Boulevard and Dishman-Mica Road, concurrent with the transfer of the Property from the County to the City. 6. The City would dismiss the above captioned lawsuit and appellate court case with prejudice and no costs to either party. Please note that the offer for the transfer of the property extended to the City of Spokane Valley is upon essentially the same terms that the County transferred a portion of the Milwaukee Rail Road property within the corporate limits of the City of Liberty Lake to that city via Resolution 2007-0742 of the Spokane County Board of County Commissioners. The proposed transfer is also upon the same terms that the City of Spokane Valley agreed to regarding the transfer to the City of a portion of the Property in the vicinity of Hodges to Tschirley in 2007. In order to accommodate the City's needs, the proposed transfer of a portion of the Property to the City of Spokane Valley could be accomplished either as was done for the City of Liberty Lake, pursuant to resolution and under the authority of RCW 36.34.290, or by quit claim deed whichever the Mr. Michael F. Connelly March 24, 2008 Page 4 City should choose. This letter is an offer of settlement as defined in ER 408 and shall expire without further notice unless written acceptance of this offer is received in the office of the Spokane County Prosecuting Attorney, at the address stated above, no later than 4:30 p.m. May 30, 2008. Thank you for your assistance in bringing this matter to an amicable resolution. Si rel+iy, D. id W. Hubert Deputy Prosecuting Attorney XC: Board of County Commissioners Bob Brueggeman Pat Harper DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of February 4, 2010; 12:00 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of Acting City Manager Re: Draft Schedule for Upcoming Council Meetings February 16,2010: Stud Session Format,6:00 p.m. [due date Mon,Feb 8] 1. Greater Spokane, Inc. 4t Quarter Update-Robin Toth (15 minutes) 2. SRTC Interlocal Agreement-Glenn Miles, Stan Schwartz (30 minutes) 3.Wastewater Treatment System-Neil Kersten/Bruce Rawls (60 minutes) 4. Council Broadcasting-PEG Channel-Greg Bingaman/Morgan Koudelka (30 minutes) 5. Cable Advisory Board-Morgan Koudelka (10 minutes) 6. Paveback-Neil Kersten/Ken Thompson (15 minutes) 7. Advance Agenda (5 minutes) 8. Information Only: (a)Declare as surplus A piece near 16608 Broadway(b) Capital Projects Future List Executive Session: [*estimated meeting: 165 minutes] February 23,2010,Formal Meeting Format,6:00 p.m. [due date Mon,Feb 15] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance 10-003 Alarm Regulations-C.Driskell/R.VanLeuven (10 minutes) 3. Second Read Proposed Ordinance 10-004 UDC,Dev Agrmnt(Ord 9-015)-C.Janssen/M.Connelly (10 mins) 4. Proposed resolution: Cable Advisory Board-Morgan Koudelka (10 minutes) 5. Motion Consideration: Paveback Financing-Ken Thompson (10 minutes) 6. Motion Consideration: Paveback Interlocal Agreement- Steve Worley (10 minutes) 7. Motion Consideration: City Hall Negotiations-Mike Connelly (15 minutes) 8. Admin Report: Uniform Development Code Amendment CTA 01-10-Karen Kendall (15 minutes) 9. Admin Report: Review of Land Use regulations-Mike Connelly/Kathy McClung (60 minutes) 10. Admin Report: Property Tax-Ken Thompson (15 minutes) 11. Surplus Property: 16608 E Broadway- Steve Worley (10 minutes) 12. Advance Agenda (5 minutes) 13. Info Only: (a) Department Reports; (b) crosswalks; Executive Session [*estimated meeting: 175 minutes] CONFIRMED: March 2,2010, 6:00 p.m. [due date Mon,Feb 22] Joint Meeting Council and Spokane Valley Planning Commission Topic: Shoreline [*estimated meeting: 120 minutes] CONFIRMED: Monday,March 8,2010, 1 -4 p.m. Spokane Valley City Hall Council Chambers Joint Meeting with Spokane County Board of County Commissioners [due date Mon March 1] Tentative Topics: Milwaukee Right-of-way March 9,2010 Formal Meeting Format,6:00 p.m. [due date Mon,March 1] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance UDC Amendment CTA 01-10-Karen Kendall (20 minutes) 3. Proposed Resolution Declaring Area Near 16608 E Broadway Surplus- Steve Worley (20 minutes) 4. Admin Report: Judge Vance Peterson&Virginia Rockwood, Dist Court (tentative) (10 minutes) 5. Jail presentation-Lt Sparber confirmed (15 minutes) 6. Accomplishments Report-Mike Jackson (30 minutes) 7. Adult Entertainment Code Revision-Cary Driskell (10 minutes) 8. Admin Report: Fee resolution Amendments-Adult Entertainment Appeal Process-C.Driskell(10 min) 9. Admin Report: Proposed Amended 2010 TIP- Steve Worley (20 minutes) 10. Admin Report: Advance Agenda (5 minutes) Draft Advance Agenda 2/4/2010 3:30:32 PM Page 1 of 3 Executive Session: [*estimated meeting: 145 minutes] March 13-17, 2010:National League of Cities, Congressional City Conference, Washington, D.C. March 16,2010, Study Session Format,6:00 p.m. confirmed:no meeting [due date Mon,March 8] March 23,2010,Format Meeting Format,6:00 p.m. [due date Mon,March 15] 1. PUBLIC HEARING: Proposed Amended 2010 TIP— Steve Worley 1 (15 minutes) 2. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 3. Second Reading Proposed Ordinance UDC Amendment CTA 01-10—Karen Kendall (15 minutes) 4. First Reading Proposed Ordinance Regarding Adult Entertainment—Cary Driskell (20 minutes) 5. Admin Report: Advance Agenda (5 minutes) 6. Info Only: Department Reports Executive Session [*estimated meeting: 60 minutes] CONFIRMED: Tuesday,March 30, 2010, 2:00 p.m.- 4:30 p.m. Spokane Valley Council Chambers Joint Meeting with City of Spokane Mayor and Council [due date Mon March 22] Tentative Topics: Animal Control March 30,2010, Study Session Format,6:00 p.m. [due date Mon,March 22] 1. Advance Agenda Executive Session April 6,2010, Study Session Format,6:00 p.m. [due date Mon,March 29] 1. Comp Plan Update—Greg McCormick (15 minutes) 2. Advance Agenda (5 minutes) Executive Session: April 13,2010 Formal Meeting Format,6:00 p.m. 'due date Mon,April 5] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Adult Entertainment Appeal Process—Cary Driskell (10 minutes) 3. Proposed Amended Fee Resolution,Adult entertainment Appeal Process— Cary Driskell (10 minutes) 4. Proposed Resolution Adopting Amended 2010 TIP— Steve Worley i (10 minutes) 5. Admin Report: Advance Agenda Executive Session: [*estimated meeting: minutes] April 20, 2010, Study Session Format,6:00 p.m. [due date Mon,April 19] 1. Advance Agenda Executive Session April 27,2010,Format Meeting Format,6:00 p.m. [due date Mon,April 19] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Admin Report: Advance Agenda 3. Info Only: Department Reports Executive Session Draft Advance Agenda 2/4/2010 3:30:32 PM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Affordable Housing Participation Alternative Analysis (contracts) Bidding Contracts (SVMC 3. —bidding exceptions) Bike and Pedestrian Master Plan Budget 2011 (fall 2010) Community Development Block Grant(Fall 2010) Concurrency Council Remote Voting: Governance Manual East Gateway Monument Structure # Hotel/Motel Grant Proposals for 2011 (Nov 2010) Jail Project tour Law Enforcement Contract Lobbyist Presentation(Gordon, Thomas,Honeywell) Outside Agencies Presentation (August) Overweight/over size vehicle ordinance Planned Action Ordinance Police Department Position Retreat, summer(June,July?) Sheriff Office Request, Emergency Mgmt Update■ Six-Year 2011-2016 Transp. Improvement Plan (May 5 admin; May 25 Hearing; June 15 Resolution to adopt) Shoreline Management Program Update Solid Waste Board/Governance Sprague Appleway Corridor Environ. Assessment Transportation Benefit District: (a). Establish ord.; (b)set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts WIRA,Water Protection Commitment,public education =request for Council's early consideration # =Awaiting action by others * =doesn't include time for public or council comments Draft Advance Agenda 2/4/2010 3:30:32 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Franchise Agreements GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Throughout 2010, various franchise agreements will be presented to the City Council. The following provides a general background of franchise agreements. A franchise is an agreement between a municipality and a utility company, granting the company access to a municipality's right-of-way, with conditions imposed. The way cities grant franchises is through adoption of an ordinance. Franchise agreements can be formed for various products or services, such as water, sewer, telecommunications, electricity, natural gas, petroleum, cable television, and solid waste. Franchise agreements have varying benefits, liability concerns, and other considerations, making each agreement fact-specific. For example, since a petroleum franchise will deal with ultra-hazardous materials, the City will seek higher insurance requirements than in other franchise agreements. Or, in the case of fiber optic franchises, for example, the City does not charge a franchise fee, but the agreement will allow the City to use optical fiber infrastructure for public purposes at a lower rate than it would pay normally. Prior to Spokane Valley's incorporation on March 31, 2003, there existed many franchise agreements. Of these agreements, many contained a clause that terminated the agreement either within six months of incorporation, or upon incorporation. The City and various franchising entities are operating under the terms of the old franchises, even if they have expired, until new franchises can be adopted. The Office of the City Attorney is continuing to negotiate expired franchise agreements for presentation and authorization for approval by the City Council. OPTIONS: N/A. RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: N/A. Sin Valley 11707 E Sprague Ave. •Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org Memorandum To: Members of Council From: Mike Jackson, Deputy City Manager/Acting City Manager Date: January 26, 2010 Re: Quarterly Report— Summary of October through December Activities Administrative: ▪ Completed 2010 Business Plan ▪ Finalized City's Safety Plan ▪ Completed and Presented Court Study ▪ Completed and Presented Court-Related Services Study Completed Comcast Franchise Negotiations (Adopted by Council) Human Resources: Recruiting/Employment Recruitment Applicants Interviews Part-Time Office Assistant 154 6 Administrative Assistant-Public Works 215 5 TOTAL: 369 11 ** Numbers do not reflect interns, Parks & Rec temp/seasonal, Host/Hostess, or duplicate applications Position M AIME Status Administrative Assistant—Public Works Interviewing Recreation Assistant—Host Open Deputy City Manager Quarterly Report—continued ,2009 -2- Public Information: Key Reporting Areas 400 350 355 300 250 200 —•—•1st Qtr 150 /� f2nd Qtr 100 113 3rd Qtr 50 .. - 3 ��4th Qtr 35 3 0 I I I I Media Media Earned Total Media Hot Topic Contacts Releases& Media Stories Community Traffic Stories Enewsletter Alerts • Media relations o Media contacts: Does not include those that were subsequently referred to another City resource o Earned media stories: Does not include all television/radio/web o Total media stories: Does not include 94 police activity stories, nor all ads, television, radio or web stories OTHER: Citizen contacts: • Website Updates: 71 (Does not include P10-initiated, and regularly scheduled updates) • Areas of Significant focus: o Responding to media inquiries re/election and new councilmembers o Discovery Playground o Barker Bridge Update o Sullivan Corridor Projects public info plan & initial mailer o Research, solicitation, selection and preparation for new website software management program Deputy City Manager Quarterly Report—continued ,2009 -3- Googlevideo views of Spokane Valley videos: Video Filename Title Date Views Uploaded CN-Spok-Munson_WMV_V9.wmv Spokane Valley's Mayor Munson discusses the budget 01/13/2009 Feb 2, 2009 1 CN-Spok-Munson-2_WMV_V9.wmv Spokane Valley's Mayor Munson discusses snowstorm 01/13/2009 Feb 2, 2009 1 SARP05.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 23 (Pt.5) 2008 SARP04.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 6 (Pt.4) 2008 SARP03.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 13 (Pt.3) 2008 sarp02.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 12 (Pt.2) 2008 SARPO1.avi Spraque/Appleway Revitalization Plan Community Workshop#4 Sep 29, 74 (Pt.1) 2008 /gfs/ug/home/video/upload/scotty/form/dropzo Spokane Valley City Center Concept Sep 17, 237 ne/S/SM 1 QfkC-_5WVi-Ry 2008 sarp_feb08.avi City of Spokane Valley-Spraque/Appleway Revitalization Sep 9, 2008 138 presentation 2/2008 Kuhta101807.wmv Spokane Valley Planner summarizes SARP 10/18/2007 Sep 3, 2008 45 munson71207.wmv Spokane Valley Mayor Rich Munson discusses SARP 7/12/2007 Sep 3, 2008 22 2008_state_of_the_city_edited.wmv 2008 Spokane Valley State of the City Address Jul 22, 2008 61 roundabout.avi City of Spokane Valley-informational clip on roundabouts Jun 30, 2008 342 Web Site Web Site Summary 4th Quarter 2009 October November December Year to Date Unique User Sessions 39,967 34,339 38,696 113,002 Top Five Pages Viewed Employment 3803 3,111 4,900 11,814 Spokane Valley 821 809 1,525 3,155 Police 644 682 879 2,205 Bldg. 784 666 749 2,199 Public Notices 554 646 651 1,851 Top Five "Referrer"Web Sites Spokane County—employment 634 497 459 1,590 Municipal Research(MRSC) 218 185 201 604 County Ideas 161 173 192 526 City of Spokane Valley 132 173 145 450 Spokane+Valley 64 35 154 253 Deputy City Manager Quarterly Report—continued ,2009 -4- Central Reception: Business Registration • 426 New registrations • 1454 Annual renewals (Due annually in December) Call Volume 1 1200 1000 800 600 400 200 0 1111-1 �. . ` 7 CD Council H R Legal Misc. Ops/Ad P& R PW Total min •October 440 55 12 22 232 106 16 134 1017 •November 354 75 9 22 241 84 15 92 892 •December 361 58 12 14 218 79 6 96 844 Visitor Volume December, 204 October, 359 1 November, 215 \11114.11 Deputy City Manager Quarterly Report—continued ,2009 -5- Citizen Action Requests Misc EMI Sweeping Storm drain/swales - Traffic speed Street lights Signs Signal timing Sight obstruction r ■Oct 72 Signal lights out •Nov 54 Debris •Dec 81 Snow/de-ice Potholes II- Dumping MI Dead Animals "Covers"off C TOTALS MIMIMI 0 10 20 30 40 50 60 70 80 90 Spokane PARKS AND RECREATION FOURTH QUARTER REPORT 2009 1.111,11' ADMINISTRATION AND PARKS: • Various items for the construction of the new Discovery Playground continued into the winter months. Landscaping will be completed in the spring. Grand Opening is scheduled for May 13, 2010 at 11:00 a.m. • The contract for Operation and Maintenance of Pool Facilities for all city pools was awarded to the YMCA of the Inland Northwest. The agreement is in effect until December 31, 2010, with up to four one-year renewal options. • The Park Maintenance contract for all our city parks was awarded to Senske Lawn & Tree Care. The contract term is for a period of one year with up to six one-year renewal options. • Greenhouse glass panels at CenterPlace damaged during our winter storm were removed and replaced. • The Spokane Valley Police Precinct Building roof damage that was incurred during our winter storm was patched and repaired. • Staff developed and implemented new policies for special events, park reservations, and vendors in our city parks. We wanted to minimize the impact events have on parks and ensure that park preservation measures are in place and adhered to. • Staff worked on a new non-exclusive food services contract for CenterPlace. • Our $790,000 of state funding for Discovery Playground was received by the city in December. RECREATION AND AQUATICS: • The First Annual Valley Mission Haunted Pool Event was successful and brought in 342 people in attendance over three days. • The city co-hosted the Breakfast with Santa Event with Spokane Valley Rotary for the second year. Over 225 people participated at CenterPlace for this successful family event. • Participation in recreation programs grew by 1,916 participants in 2009 over 2008. i CENTERPLACE: • It was determined through a mutual agreement that the non-exclusive food services contract with Beacon Hill Catering would not be renewed for 2010. We determined that we would negotiate with the caterer which finished second in our Request for Proposal process. Red Rock Catering currently caters for the following facilities: Glover Mansion, Fox Theatre, Masonic Temple, and the Lincoln Center. • Staff worked on the fee schedule that was approved for 2010. It included providing a price for groups to utilize the west lawn area for outdoor events, and consolidating pricing for table settings and linens to make it more convenient for our customers to order this service. We have also grouped pricing together to make wedding and reception pricing into packages, so it is easier for customers to understand. • A new presentation system was purchased for the auditorium. Previously, the Great Room and the auditorium shared the same A/V equipment, with the auditorium acting as an overflow. The auditorium has turned out to be a standalone reservation and needed its own equipment. Because of the size and good sound quality of the auditorium, it is being rented for telephone/internet conference meetings. The A/V equipment installed will better accommodate that usage. • Digital signage monitors were installed in the reception area of CenterPlace and the Senior Center. The monitors list the events occurring in the meeting rooms and also give more information on renting our facility. • CenterPlace staff took 50 reservations this quarter. The yearly total is 815 events at CenterPlace in 2009. That is 123 higher than in 2008. Meetings/seminars continue to be the largest growing type of reservation, with 538 being held in 2009. Weddings, private parties, community events, banquets, fundraisers, graduations, and dances were also held. CenterPlace Year-to-Date Revenue * CenterPlace Year-to-Date Expenses" " ❑Total Projected Revenue for the Year 0 Projected Expenses 0Year-to-Date Expenses ■Revenue Received Year-to-Date $600,000.00 - $900,000.00 =l- ®— — — — — — $800,000.00 -- $500,000.00 - $700,000.00 - 7 -- _ $400,000.00 - $600,000.00 -- — $500,000.00 d — $300,000.00 $400,000.00 a $200,000.00 $300,000.00 _ $200,000.00 - 1 $100,000.00 $100,000.00 $ $- 2007 � 2007 2008 2008 2009 2009 * Revenues include lodging tax funding. ** Expenses do not include the No lodging tax monies were used for operations, building replacement funds. 2 only for out-of-area advertising. SENIOR CENTER: • WSU nurses provided healthy nutrition and diabetic education days. • Maxim Health Care administered 161 flu and pneumonia shots for seniors and community members. • The Wellness Center is utilized on a monthly basis for foot care, and for free hearing checks by Columbia Hearing. • Three seminars were presented on Medicare. • The Greenhouse was open October through December. • The billiards room proves to be the most active program. A close second for participation is the senior fitness classes and then art classes. • A company researching how easy or difficult it is to open prescription bottles came twice asking seniors for their participation. • A Balance and Fall Prevention Workshop was held, with 16 people participating. • The dance committee held a dance recital. There were 55 people who came to watch and some took part in the performance. Rose Pointe and Mission Ridge Retirement communities attended. • A special dance was held in honor of Veterans' Day. • The Senior Center and Discovery Shop Style Show and Luncheon had 125 participants. This is one of the most popular events. • Pickleball had 125 participants at their new location, Hepton Center on S. Barker Rd. • The Association held elections for three new board members, who will serve three-year terms. New board members elected are Dale Ferrell, Darlene Markey, and Gay LeBret. 3 Sp""okane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: Mayor and City Council Mike Jackson, Acting City Manager From: Morgan Koudelka Date: February 9, 2010 Re: Public, Educational, and Governmental (PEG) Funding The Spokane Valley City Council approved the cable franchise agreement with Comcast on December 1, 2009. As part of this agreement, Comcast agrees to provide funding for capital expenditures associated with public, educational , and governmental programming (PEG) programming provided to the citizens of Spokane Valley broadcast through the Comcast system. Amount The amount of funding will be the equivalent of$.35 per subscriber per month. There are approximately 22,000 Comcast subscribers in Spokane valley, resulting in a PEG contribution of $7,700 per month or $92,400 per year. Comcast has agreed to provide an up-front contribution of$150,000 (within 90 days of approval of the franchise agreement). This contribution will be paid back by means of Comcast withholding $.25 of the monthly $.35 contribution until the $150,000 is recouped. At the current subscriber number it would take 27 months for Comcast to recoup the upfront payment. In addition to the $150,000 payment, Comcast will remit the equivalent of$.10 per subscriber per month until the upfront payment is recouped. This scenario will repeat itself if the agreement is continued for the second five-year term. City of Spokane Valley PEG Funding February 9,2010 Page 2 of 5 The PEG contributions will be as follows. Year 1 - $150,000 + $20,000 (9 months @ $2,200) Year 2 - $26,000 (12 months @2,200) Year 3 - $13,000 (6 months @ $2,200)+ $46,000 (6 months @ $7,700) Years 4 & 5 - $92,000 per year Total 5 year contribution - $440,000 -Rounded to the nearest thousand -Not adjusted for inflation or present value Qualifying Expenditures Capital items, such as equipment and construction costs that would be utilized to provide public access, educational, and governmental programming that is broadcast on Comcast channels are acceptable uses of the PEG funds. Operational costs such as staffing costs are unacceptable uses. Comcast has indicated that should the City contract for PEG services, the portion of the invoice that goes toward capital items would qualify an allowable expense as long it is clearly indicated on the invoices. Additional Revenue Comcast pays the City 5% of its gross revenues as a franchise fee in return for utilizing the public right-of-way. We have budget approximately $1 million dollars in the 2010 budget for franchise fee revenues. This is unrestricted general fund revenue. Comcast passes this fee along to its customers through a franchise fee line item charge. Comcast has also agreed to provide a $10,000 upfront payment to help the City defray costs for auditing Comcast should the City choose to do so. The funds, however, are unrestricted. If the agreement continues into the second five-year option, Comcast will provide another payment of $10,000 at the beginning of that term. Requests for PEG Funds The Cable Advisory Board for Learning and Education (CABLE) currently prepares and broadcasts educational programming on five cable channels. CABLE requested $63,000 in annual capital contributions from the City of Spokane Valley in 2006 in anticipation of a Comcast PEG contribution to the City. Community Minded Television (CMTV)is the operator for public access programming on one local access cable channel. In 2007 CMTV requested $74,000 in annual capital contributions from the City in anticipation of a Comcast PEG contribution to the City. City of Spokane Valley PEG Funding February 9,2010 Page 3 of 5 Comcast has indicated that it will pass on the PEG reimbursement to its subscribers in the form of a line item fee on the monthly invoice. Staff recommends the Council determine the governmental broadcasting needs associated with the PEG capital funds before considering any public and educational distributions. Community Interest in PEG The City conducted a community survey in 2009. The results below show that 21% attended a local public meeting while 40%watched a local public meeting on cable television. Both results are below the benchmark of like-sized cities that also had the survey performed. FICLRE 67:PARTICIPATION_IN CIVIC ENGAGEMENT OPPORTUNITIES ,zrerded a nee:n, lo:o elecrec of* 21'rt occi ..lo . neer-g. '.':atoned a—ee: EC- { off C":]I {-•_. Ioca_ pu a l is M EE r:;c'cab a:e te•,it c• 0 � .'ol..ntee—d}ou-:me:csornegroup or activity it Spokane V IIe'y' 45% Participated in a dub or civic group r.Sp or:. - Valley Provided help Uoafriend o a' b{' 94^. 0`. 213-7. 40'IL 50`4 00`.4 100". Pei c--:of •e::D.cents who did each at least once in It 12 months How well utilized are the current City information outlets? The results below show that nearly a quarter of the respondents utilize the City's "Hot Topic" newsletter and/or the City's website. Both results are below the national benchmarks. FICLRE 71:USE OF IFFORw1ATION SOURCES Read Spo•:are',al ey"s 23% 'Hot Top C' 1e'r.s,etGe Visited the City of Spokane Valley Web site FYI. 2074 413'%. 60% •0°. 100% Percent of respondents who did each at least once in It 12 months City of Spokane Valley PEG Funding February 9,2010 Page 4 of 5 The majority of respondents rated local government's information disseminated through cable television and through public information services good or excellent. The cable TV result surpassed the national benchmark while the public information result was below the national benchmark. FIGLRE 73:RATINGS OF LOCAzGOVERVMEVT MEDIA.SERVICES AND INFORMATION DISSEMINATION I Excellent Good Cab e e eci5ior. 20% 58% Pub r'nforrn etion se-,ices 141. 53% 07. 25% 30% 73' 1GC% 3e-ce°-o respondents. As part of the cable franchise renewal process, the City conducted a survey of Spokane Valley citizens to assess the performance of the current cable operator and to determine the future cable- related needs of the community. The following information comes from that survey. 32% of respondents felt that PEG is important or very important, 33%felt PEG is somewhat important while 34%felt it is not at all important. Importance of PEG Very Important 23% Important 9° Somewhat Important 334 Not At All Important 34% 0% 5% 10% 15% 20% 25% 30% 35% %Importance City of Spokane Valley PEG Funding February 9,2010 Page 5 of 5 When respondents were asked what type of programs they would like to see broadcast on local PEG channels, most did not know, but those that did preferred to see programs about Spokane Valley and City government meetings. Programs Respondents Would Like to See on Local Access Channels Don't Know 153% Programs About SPV I 10% Arts/Hist./Culture City Gov't Meetings I 8% K-12 Activities/Instructional 1. 1 8% Public Safety&Emergency 7% Info _ / 0% 10% 20% 30% 40% 50% 60% % Responses Only 2% of respondents indicated they had used the public access channel studio and equipment. Local Public Access Studio Usage Yes 2% s No 98% so" ne Valleyk 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum To: Mayor and City Council Mike Jackson, Acting City Manager From: Greg Bingaman Date: February 9, 2010 Re: Council meeting broadcasting options At the council request I have put together some information about options for broadcasting city council meetings. The first consideration is what would the council like to accomplish with broadcasting of council meetings? Would you like to just broadcast the meetings or provide a more information channel similar to Spokane's City cable 5? Option 1 — Continue with delayed broadcast only. We could continue delayed broadcasts similar to what the SVBA has arranged with Community Minded Television. The current arrangement provides for one taped and post edited replay of the Tuesday night council meeting on the following Monday at 7:30 pm on the public access channel 14 on Comcast cable. The cost of the current production is approximately$1400/month;this provides one camera operator,some post editing and one hour of replay. If we wanted to cover meetings up to 3 hours in length the cost would be approximately$2000/month. Option 2- Broadcast meetings live. We could chose to broadcast the council meetings live using one or more of the following outlets. If you would like to explore one of these options we would be able to provide more in-depth analysis at your request. 1. Negotiate with City Channel 5 for broadcasting 2. Use the multi-jurisdictional channel the Comcast has reserved but is not active currently;this channel would be shared with the City of Spokane Valley,the City of Spokane and Spokane County. 3. Negotiate with Community Minded TV to broadcast on public access channel 14 4. Replace Spokane's City Channel 5 with our own Spokane Valley channel 5. 5. Broadcast on the internet Option 3—Do not broadcast at all CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: February 9, 2019 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ® executive session AGENDA ITEM TITLE: EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(i)] GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Move to adjourn into executive session for approximately minutes to discuss Pending Litigation; and that no action is anticipated thereafter. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: