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2009, 10-13 Regular MeetingVOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 09 -18 -2009 18440 -18489 $2,098,058.74 09 -22 -2009 18490 $119,135.20 09 -22 -2009 18491 $35,891.65 09 -25 -2009 18492 - 18515, 921090022 $1,010,719.36 09 -25 -2009 18516 -18545 $295,141.75 09 -29 -2009 18546 $187.00 09 -30 -2009 18547 38.75 10 -02 -2009 18549- 18581, 930090043 $1,358,953.20 10 -02 -2009 18582 -18586 $47,139.43 GRAND TOTAL $4,965,265.08 AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING, FORMAL MEETING FORMAT Council Meeting #169 Tuesday, October 13, 2009 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 Claude Duty PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: MAYOR'S REPORT: 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: b. Approval of Payroll for pay period ending September 30, 2009: $338,142.00 c. Approval of Council Meeting Minutes of September 15, 2009 d. Approval of Council Meeting Minutes of September 22, 2009 NEW BUSINESS: 2. Second Reading Proposed Ordinance 09 -024 Adopting 2010 Budget — Ken Thompson [public comment] Council Agenda 10 -13 -09 Page 1 of 2 3. Second Reading Proposed Ordinance 09 -030 Amending Cable Code — Cary Driskell [public comment] 4. Motion Consideration: Confirmation of Mayoral Appointment for Planning Commission Vacancy — Mayor Munson [public comment] 5. Motion Consideration: Adopt 2010 Legislative Agenda — Mayor Munson [public comment] 6. Motion Consideration: Council Position, Initiative 1033 [pro and con public comments] BALLOT TITLE: Initiative Measure No. 1033 concerns state, county and city revenue. This measure would limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter - approved revenue increases. Revenue collected above the limit would reduce property tax levies. Should this measure be enacted into law? [ ] Yes [ ] No 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. GSI Presentation of Marketing plan for the SARP — Robin Toth 8. Update on CIP Leveraging— Steve Worley 9. Comp Plan Quarterly Update — Greg McCormick 10. CTA 05 -09 Amendment— Mike Basinger INFORMATION ONLY: (will not be reported or discussed) 11. Centennial Trail- National Trail Status — Mike Stone EXECUTIVE SESSION: N/A 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 2n and 4' Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the Tess formal meeting) are generally held the 1 st, 3` and sometimes 5` 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 10 -I3 -09 Page 2 of 2 VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 09 -18 -2009 18440 -18489 $2,098,058.74 09 -22 -2009 18490 $119,135.20 09 -22 -2009 18491 $35,891.65 09 -25 -2009 18492 - 18515, 921090022 $1,010,719.36 09 -25 -2009 18516 -18545 $295,141.75 09 -29 -2009 18546 $187.00 09 -30 -2009 18547 38.75 10 -02 -2009 18549- 18581,930090043 $1,358,953.20 10 -02 -09 18582 -18586 $47,139.43 GRAND TOTAL $4,965,265.08 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 10 -13 -09 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: RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist 09/18/2009 4:13:04PM Bank code : apbank Voucher 18440 18441 18442 18443 Date Vendor 9/18/2009 000958 AAA SWEEPING, LLC 9/18/2009 001873 ACME CONCRETE PAVING INC 9/18/2009 001534 ALL PRINT 9/18/2009 001012 ASSOC BUSINESS SYSTEMS 18444 9/18/2009 001938 BERGER /ABAM ENGINEERS INC 18445 9/18/2009 000918 BLUE RIBBON LINEN SUPPLY INC 18446 9/18/2009 001105 CAPITAL ENTERPRISE/ENG CORP 18447 9/18/2009 001440 CLEARPATH RE, LLC 18448 9/18/2009 001926 DAVENPORT, SARAH 18449 9/18/2009 000422 DISHMAN DODGE INC 18450 9/18/2009 000010 FEDEX KINKO'S Invoice Voucher List Spokane Valley Pay App #3 PAY APP #3 15807 9052159 2009026 118 SEPT 2009 DOCS205865 28970021136 PO # Description /Account 43008 -A 42271 CONTRACT NO. 09 -006, VACTORIN 43009 -A 42267 CONTRACT NO. 09 -004, SWEEPINC Total : 42396 0102 SPRAGUE/EVERGREEN INT C 42397 0104 SPRAGUE/MCDONALD INT CC Total : 12157 BUSINESS CARDS /NAME PLATES 12243 BUSINESS CARDS /NAME PLATES Total : 084843 COPIER COSTS: 150642 COPIER COSTS:PERMIT CENTER Total : PROFESSIONAL SVCS: PLANNING Total : LINENE SUPPLY: CP REAL ESTATE SEARCH EXPENSES 06 DODGE DAKOTA TRUCK PRINTING COSTS: CP Total : 42409 SOLAR POWERED BEACONS Total : Page: 1 Amount 24,844.82 18,159.99 43,004.81 502,659.12 20,688.30 523,347.42 226.64 225.55 452.19 330.45 169.84 500.29 20,104.02 20,104.02 274.64 274.64 20,139.71 20,139.71 1,475.71 Total : 1,475.71 Total : 230.50 Total : 64.06 Total : 227.51 230.50 64.06 227.51 Page: 1 vchlist 09/18/2009 4:13:04PM Bank code : apbank Voucher Date Vendor 18451 9/18/2009 001859 FINANCIAL FORENSICS 18452 9/18/2009 001530 FIRZLAFF, BETTY 18453 9/18/2009 001447 FREE PRESS PUBLISHING INC 18454 18455 9/18/2009 002130 9/18/2009 001003 GARDNER, CINDY GEOENGINEERS INC 18456 9/18/2009 000505 H & H FINANCIAL SERVICES INC. 18457 9/18/2009 001723 HEDEEN & CADITZ, PLLC 18458 9/18/2009 000741 HONEY BUCKETS 18459 9/18/2009 000313 INLAND ASPHALT COMPANY INC. Invoice 3234 REFUND 32908 32911 Voucher List Spokane Valley REFUND 0102300 0102300 0102300 0102301 SEPT 09 6245 1- 000140 Pay App #1 18460 9/18/2009 000022 INLAND BUSINESS PRODUCTS, INC. 56968 PO # 42214 42213 42213 42215 42215 42398 18461 9/18/2009 000864 JUB ENGINEERS INC. 0060859 42387 Description /Account SEPTEMBER 09: FINANCIAL ANAL\ Total : REFUND DEPOSIT LEGAL PUBLICATION LEGAL PUBLICATION REFUND DEPOSIT LEASE PAYMENT PROFESSIONAL SVCS WEEKLY RENTALS: PARKS Total : Total : Total : GEOTECHNICAL EXPL & PAVEMEN GEOTECHNICAL EXPL & PAVEMEN CONSTRUCTION SUPPORT SERVI( Total : Total : Total : Total : EMPLOYEE PHOTO ODS- HR Total : Page: 2 Amount 1,211.00 1,211.00 52.00 52.00 108.10 68.85 176.95 52.00 52.00 8,170.75 10,184.25 GEOTECHNICAL EXPL & PAVEMEN 2,011.25 8,697.00 29,063.25 954.39 954.39 3,052.50 3,052.50 151.40 151.40 42399 0110 SPRAGUE REHAB 1 - CONSTF 843,322.16 Total: 843,322.16 39.13 39.13 JUB CONTRACT 09 -033 12,978.45 Page: 2 vchlist 09/18/2009 4:13:04PM Voucher List Spokane Valley Page: 3 Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18461 9/18/2009 000864 000864 JUB ENGINEERS, INC. (Continued) Total : 12,978.45 18462 9/18/2009 002131 LDS CHURCH - EVERGREEN WARD REFUND REFUND DEPOSIT 52.00 Total : 52.00 18463 9/18/2009 001886 LLOYD'S AUTOMOTIVE A41367 MAINT SERVICE: 06769D 99.66 Total : 99.66 18464 9/18/2009 000910 MANTZ, GLORIA EXPENSES TRAVEL EXPENSES 465.79 Total : 465.79 18465 9/18/2009 001684 MARKETING SOLUTIONS NW REC 9/9/09 Postage ADVERTISING: CP 513.00 Total : 513.00 18466 9/18/2009 002129 MID - VALLEY MEDICAL GROUP 60065846 EMPLOYMENT PHYSICAL 154.00 Total : 154.00 18467 9/18/2009 002132 MOORE, KYLE REFUND REFUND DEPOSIT 52.00 Total : 52.00 18468 9/18/2009 000600 NCARB 24106 42454 NCARB CERTIFICATION RENEWAL 190.00 Total: 190.00 18469 9/18/2009 002133 NERISON, CHRIS REFUND REFUND DEPOSIT 52.00 Total : 52.00 18470 9/18/2009 000652 OFFICE DEPOT INC. 433510674 -001 OFFICE SUPPLIES: FINANCE 5.04 485058707001 OFFICE SUPPLIES: BING 65.54 485335529001 OFFICE SUPPLIES: COUNCIL CREC -65.19 486632031001 OFFICE SUPPLIES: CP 16.72 486632168001 OFFICE SUPPLIES:CP 37.34 487387653001 OFFICE SUPPLIES: FINANCE 130.43 487387850001 OFFICE SUPPLIES: FINANCE 34.40 487546111001 OFFICE SUPPLIES: FINANCE 172.28 Total : 396.56 18471 9/18/2009 000512 OFFICETEAM 24301894 STAFFING SVC: LASERFICHE 24301901 STAFFING SVC: LASERFICHE 586.80 619.40 Page: 3 vchlist 09/18/2009 4:13:04PM Bank code : apbank Voucher Date Vendor 18471 9/18/2009 000512 000512 OFFICETEAM 18472 9/18/2009 001604 PACIFIC NW PAPER 18473 9/18/2009 001860 PLATT 18474 9/18/2009 001089 POE ASPHALT PAVING, INC. 18475 18476 18477 18478 18479 18480 18481 9/18/2009 000019 PURRFECT LOGOS, INC. 9/18/2009 001276 RANDALL, DAVID 9/18/2009 002128 S.C.O.P.E 9/18/2009 001892 SKILLINGS CONNOLLY INC 9/18/2009 000658 SPOKANE CO SUPERIOR COURT 9/18/2009 000898 SPOKANE PROCARE 9/18/2009 000093 SPOKESMAN- REVIEW Invoice Voucher List Spokane Valley (Continued) 108302 6604029 6611070 43026 43027 43028 43029 43030 43031 43032 43033 24313 1337 SEPT 2009 08 -026 FILING FEES #2 2008 -08 131742 PO # 42281 42281 42281 42281 42281 42281 42281 42281 Description /Account COPY PAPER OPERATING SUPPLIES: CP OPERATING SUPPLIES: CP Total : CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 CONTRACT 09 -003 LOGO SHIRTS: CP Total : Total : 42211 SW ANALYSIS FOR CONSTRUCTIC Total : APPRECIATION CELEBRATION Total : COMPLAINT FOR ABATEMENT OF I Total : Page: 4 Amount Total : 1,206.20 1,433.75 Total : 1,433.75 60.87 49.34 110.21 207,690.33 20,948.87 125,864.29 906.98 23,923.24 487.86 487.35 10,978.12 391,287.04 211.97 211.97 3,040.00 3,040.00 39.00 39.00 42230 REAL ESTATE SERVICES CIP 0088 17,944.43 Total: 17,944.43 30.00 30.00 42270 09 -005 LANDSCAPING SERVICES 13,999.23 Total : 13,999.23 42441 FALL/WINTER RECREATION BROC 3,383.81 Page: 4 vchlist 09/18/2009 4:13:04PM Voucher List Page: 5 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account 18481 9/18/2009 000093 000093 SPOKESMAN- REVIEW (Continued) Total: 18482 9/18/2009 000939 SPRAGUE & SULLIVAN MINISTORAGE 67746 OCT RENT: 1T8- CP Total : 18483 9/18/2009 001083 STANDARD PLBG HEATING CONTROLS 26745 AUGUST 09 MAINT: PRECINCT Total : 18484 9/18/2009 000257 STATE AUDITOR'S OFFICE L79079 AUDITORS Total : 18485 9/18/2009 000888 THE INTERSECTION REFUND REFUND DEPOSIT Total : 18486 9/18/2009 001024 UNITED RENTALS, INC. 83193141 -001 PURCHASED SMALL TOOLS Total : 18487 9/18/2009 000295 VALLEYFEST SEPT 2009 BOOTH REGISTRATION FEES Total : 18488 9/18/2009 000964 VOLT 21371226 STAFFING SVCS: IT Total : 18489 9/18/2009 002103 WSDOT SURPLUS PROGRAMS SEPT 2009. 42447 SNOW PLOW VEHICLE PURCHASE TR29068 42450 TRUCK F550 50 Vouchers for bank code : apbank 50 Vouchers in this report Total : Bank total : Amount 3,383.81 129.00 129.00 506.63 506.63 5,759.80 5,759.80 257.00 257.00 51.61 51.61 25.00 25.00 716.80 716.80 119,135.20 35,942.96 155,078.16 2,098,058.74 Total vouchers : 2,098,058.74 Page: 5 vchlist 09/18/2009 4:13:04PM Bank code: apbank Voucher List Page: 6 Spokane Valley Voucher Date Vendor Invoice PO it 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: 6 vchlist 09/22/2009 9:45:04AM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18490 9/22/2009 002103 WSDOT SURPLUS PROGRAMS SEPT 2009 42447 SNOW PLOW VEHICLE PURCHASE 119,135.20 Total : 119,135.20 1 Vouchers for bank code : apbank Bank total : 119,135.20 1 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been fumished, 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 Voucher List Page: Spokane Valley Total vouchers : 119,135.20 Page: 1 vchlist 09/22/2009 2:23:49PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18491 9/22/2009 001118 COLUMBIA FORD MERCURY LINCOLN TR29068 42450 TRUCK F550 35,891.65 Total : 35,891.65 1 Vouchers for bank code : apbank Bank total : 35,891.65 1 Vouchers in this report Total vouchers : 35,891.65 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: 1 vchlist 09/25/2009 11:33:59AM Bank code : apbank Voucher Date Vendor 18492 9/25/2009 002143 BARNES, ROYCE 18493 9/25/2009 001816 BENTHIN & ASSOCIATES 18494 9/25/2009 000796 BUDINGER & ASSOC INC 18495 9/25/2009 000101 CDW -G 18497 9/25/2009 002141 COSV EMPLOEES 18498 9/25/2009 000683 DAVID EVANS & ASSOCIATES 18499 9/25/2009 002138 ELECTROTECHNICS 18500 9/25/2009 001940 GROUP MOBILE INTL 18501 9/25/2009 001728 HP FINANCIAL SERVICES CO 18502 9/25/2009 000652 OFFICE DEPOT INC. Invoice Voucher List Spokane Valley REFUND 1487 M08218 -8 QGX4239 18496 9/25/2009 002146 CENTER FOR REPRODUCTIVE HEALTH REFUND REFUND 277308 0053853 -IN 10949 600214017 600214135 433837963 -001 488140274001 PO # Description /Account REFUND DEPOSIT DISCOVERY PLAYGROUND 42110 GEOTECH & MATERIALS TESTING Total : Total : Total : Total : PLUG IN STRIP REFUND DEPOSIT REFUND DEPOSIT LONG -SHORT PLAT REVIEW SVS: i Total : SOFTWARE UPGRADE 42452 GD- ITRONIX GD 6000 FOR ROW IN Total : SEPT 09 LEASE PMT SEPT09 LEASE PMT Total : Total : Total : Total : OFFICE SUPPLIES OFFICE SUPPLIES: FINANCE Total : Page: 1 Amount 52.00 52.00 336.00 336.00 2,088.88 2,088.88 115.30 115.30 626.25 626.25 52.00 52.00 2,010.00 2,010.00 571.40 571.40 4,050.00 4,050.00 1,658.22 783.33 2,441.55 6.56 53.26 59.82 18503 9/25/2009 000019 PURRFECT LOGOS, INC. 24412 LOGO SHIRTS: VALLEYFEST 81.53 Page: 1 vchlist 09/25/2009 11:33:59AM Bank code : apbank Voucher Date Vendor 18503 9/25/2009 000019 000019 PURRFECT LOGOS, INC. 18504 9/25/2009 000322 QWEST 18505 9/25/2009 000001 SPOKANE CO TREASURER 18506 9/25/2009 000093 SPOKESMAN - REVIEW 18507 9/25/2009 000311 SPRINT 18508 9/25/2009 002142 SR REDEMMER LUTHERAN CHURCH REFUND 18509 9/25/2009 002145 STONER, SHELLEY 18510 9/25/2009 001895 TAYLOR ENGINEERING INC 18511 9/25/2009 001217 THOMAS, DEAN & HOSKINS INC. 18512 9/25/2009 001464 TW TELECOM 18513 9/25/2009 002144 UPPER COLUMBIA CONFERENCE 18514 9/25/2009 002147 WIDMIER, SONJA 18515 9/25/2009 001074 ZEE MEDICAL Invoice 509 - 921 -6787 5118 41501024 23152 326088106 -022 959698810 -022 REFUND #2 Voucher List Spokane Valley #7 24401 03132396 REFUND REFUND 0161332512 (Continued) PO # Description /Account PHONE SERVICE JULY 09: HOUSING WAPS FOR LAPTOPS SPRINT CELL PHONES REFUND DEPOSIT INTERNET/ DATA LINES: CP REFUND DEPOSIT REFUND DEPOSIT MEDICAL SUPPLIES Total : Total : Total : YEARLY SUBSCRIPTION: COUNCIL Total : Total : REFUND DEPOSIT SPOKANE VALL Total : Total : 42378 ON -CALL INSPECTOR AUTOCAD D 42278 SPRAGUE AVE RESURFACING #2 Total : Total : Total : Total : Page: 2 Amount 81.53 41.53 41.53 41,961.66 41,961.66 129.00 129.00 854.24 884.99 1,739.23 52.00 52.00 52.00 52.00 17,833.00 2,955.62 20,788.62 42374 CONSTRUCTION SUPPORT SERVI( 37,213.63 Total : 37,213.63 1,665.61 1,665.61 52.00 52.00 52.00 52.00 882.83 Page: 2 vchlist 09/25/2009 11:33:59AM Bank code : apbank Voucher Date Vendor Invoice Voucher List Spokane Valley 18515 9/25/2009 001074 001074 ZEE MEDICAL (Continued) 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 PO # Page: 3 Description /Account Amount Total : 882.83 921090022 9/21/2009 001865 MORGEN & OSWOOD CONSTRUCTION PAY APP #10 42219 BRIDGE CONSTRUCTION 893,604.52 Total : 893,604.52 25 Vouchers for bank code : apbank Bank total : 1,010,719.36 25 Vouchers in this report Total vouchers : 1,010,719.36 Page: 3 vchlist Voucher List 09/25/2009 2:34:33PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice 18516 9/25/2009 000050 APA - INLAND EMPIRE SECTION Sept 2009 18517 9/25/2009 000030 AVISTA 010119017 18518 9/25/2009 001606 BANNER BANK 18519 9/25/2009 001409 BEST LINE 18520 9/25/2009 001169 CITY OF SPOKANE VALLEY 18521 9/25/2009 000326 CONSOLIDATED IRRIGATION #19 18522 9/25/2009 000603 CONTRACT DESIGN ASSOC INC 18523 9/25/2009 000693 DEPT OF INFO SERVICES 18524 9/25/2009 000246 EAST SPOKANE WATER DIST #1 18525 9/25/2009 002137 ESPRIT TECHNOLOGIES, INC 410069444 0620 0638 4342 4375 4383 4458 4474 4720 6527 053109032009 Sept 2009 August 2009 27723 2009080189 August 2009 Sept 2009 PO # Description /Account APA ETHICS FOR PLANNERS SEMI Total : UTILITIES: PARKS MASTER AVISTP UTILITIES: PW MASTER AVISTA Total : AUG 2009: 0620 AUG 2009: 0638 AUG 2009: 4342 AUG 2009: 4375 AUG 2009: 4383 AUG 09: 4458 AUG 2009: 4474 AUG 2009: 4720 AUG 2009: 6527 ANSWERING SVC: CP PETTY CASH: 7236,7237,7238,7239 Total : UTILITIES: PUBLIC WORKS MOVING FILE CABINETS UTILITIES: PW Total : Total : Total : Total : AUGUST 09 MASTER LICENSE Total : Total : Page: 1 Amount 40.00 40.00 15,867.09 21,746.82 37,613.91 307.60 85.00 40.00 40.00 45.00 832.87 620.28 3,446.77 684.02 6,101.54 20.00 20.00 15.28 15.28 472.15 472.15 230.99 230.99 345.34 345.34 1,062.87 1,062.87 PREPAID BOOKS FOR SOFTWARE 1,740.00 Page: 1 vchlist 09/25/2009 2:34:33PM Bank code: apbank Voucher Date Vendor Invoice 18525 9/25/2009 002137 ESPRIT TECHNOLOGIES, INC (Continued) Sept 2009 18526 9/25/2009 000735 FREEDMAN TUNG BOTTOMLEY 60744 18527 9/25/2009 000388 IRVIN WATER DIST. #6 August 2009 18528 9/25/2009 001635 ISS FACILITY /EVENT SERVICES 21468 21469 18529 9/25/2009 000239 NORTHWEST BUSINESS STAMP INC. 74041 18530 9/25/2009 000652 OFFICE DEPOT INC. 487298055001 487775202001 18531 9/25/2009 000307 OFFICE OF THE STATE TREASURER August 2009 18532 9/25/2009 000512 OFFICETEAM 24333476 24347702 18533 9/25/2009 000322 QWEST 509- 926 -1840 1946 18534 9/25/2009 002140 ROESTEL, DAVID REFUND 18535 9/25/2009 000415 ROSAUERS 689059 18536 9/25/2009 002128 S.C.O.P.E Sept 2009 Voucher List Page: 2 Spokane Valley PO # Description /Account Amount OFFICE 2007 TRAINING SESSIONS Total : PROFESSIONAL SVCS UTILITIES: PARKS MONTHLY CLEANING: CP EVENT SVCS: CP STAMP FOR STEVE WORLEY Total : OFFICE SUPPLIES: PARKS OFFICE SUPPLIES STATE REMITTANCE PHONES: PARK RD POOL REFUND PERMIT FEES Total : Total : Total : STAFFING SVCS: LASERFICHE STAFFING SVCS: LASERFICHE Total : Total : Total : BRIDAL FESTIVAL BOOTH: CP Total : 4,625.00 6,365.00 2,730.64 Total : 2,730.64 182.60 182.60 7,136.00 118 20 7,254.20 56.52 56.52 79.42 5.38 84.80 79,217.62 Total : 79,217.62 456.40 391.20 847.60 109.41 109.41 250.00 250.00 5.99 5.99 SCOPE APPRECIATION ATTENDAN 13.00 Page: 2 vchlist 09125/2009 2:34:33PM Bank code : apbank Voucher Date Vendor 18536 9/25/2009 002128 002128 S.C.O.P.E 18537 9/25/2009 000709 SENSKE LAWN & TREE CARE INC. 3247107 3247108 18538 9/25/2009 000308 SPOKANE CO PROSECUTING ATTY August 2009 18539 9/25/2009 000323 SPOKANE CO UTILITIES 18541 9/25/2009 001633 STAPLES CREDIT PLAN 18542 9/25/2009 000419 SUMMIT LAW GROUP 18543 9/25/2009 000167 VERA WATER & POWER 18544 9/25/2009 002139 WHITE, RAYMOND 18545 9/25/2009 000766 YMCA OF THE INLAND NW 30 Vouchers for bank code : apbank 30 Vouchers in this report Invoice Voucher List Spokane Valley SEPT 2009 18540 9/25/2009 001083 STANDARD PLBG HEATING CONTROLS 26769 August 2009 43508 2009 REFUND August 2009 (Continued) PO 14 Description /Account CONTRACT MAINTENANCE: CEN T CONTRACT MAINTENANCE: CENTS Total : CRIME VICTIMS COMP FUND Total : SPOKANE COUNTY SEWER WORK ORDER 18308: PRECINCT Total : Total : Total : Total : Total : OFFICE SUPPLIES PROFESSIONAL SERVICE UTILITIES: 2009 REFUND PERMIT FEES Total : Total : AUG MGMT FEES /OPERATING EXP Total : Page: 3 Amount 13.00 2,018.68 51,859.00 53,877.68 1,010.92 1,010.92 1,460.08 1,460.08 410.89 410.89 47.75 47.75 600.00 600.00 2,852.97 2,852.97 105.00 105.00 91,757.00 91,757.00 Bank total : 295,141.75 Total vouchers : 295,141.75 Page: 3 vchlist 09/25/2009 2:34:33PM Bank code: apbank Voucner List Page: 4 Spokane Valley 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 09/29/2009 9:01:45AM Bank code: apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18546 9/29/2009 000365 DEPT OF LICENSING LICENSING FEES LICENSING FEES FOR SNOW PLO\ 187.00 Total : 187.00 1 Vouchers for bank code : apbank Bank total : 187.00 1 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 Voucher List Page: 1 Spokane Valley Total vouchers : 187.00 Page: 1 vchlist 09/30/2009 10:27:42AM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18547 9/30/2009 000365 DEPT OF LICENSING LICENSING FEES LICENSING FEES FOR SNOW PLO1 38.75 Total : 38.75 1 Vouchers for bank code : apbank Bank total : 38.75 1 Vouchers in this report 1, 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 Voucher List Page: 1 Spokane Valley Total vouchers : 38.75 Page: 1 vchlist 10/02/2009 2:35:12PM Bank code : apbank Voucher 18549 Date Vendor 10/2/2009 002152 ALS ASSOCIATION- EVERGREEN CH. 18550 10/2/2009 000335 ALTON'S TIRE INC. 18551 10/2/2009 000173 BINGAMAN, GREG 18552 10/2/2009 000168 BLACK BOX NETWORK SVC 18553 10/2/2009 000904 BRANCH, CAROLBELLE 18554 10/2/2009 002077 COLVICO 18555 10/2/2009 001888 COMCAST 18556 10/2/2009 000683 DAVID EVANS & ASSOCIATES 18557 10/2/2009 001603 DEMPSEY, ROSE 18558 10/2/2009 000060 DENENNY, RICHARD 18559 10/2/2009 002137 ESPRIT TECHNOLOGIES, INC 18560 10/2/2009 001447 FREE PRESS PUBLISHING INC 18561 10/2/2009 001009 GOTHMANN, WILLIAM Invoice Voucher List Spokane Valley REFUND 8080000934 CELL ALLOWANCE 165871 CELL ALLOWANCE 123518 OCTOBER 2009 278520 CELL ALLOWANCE CELL ALLOWANCE Sept 2009 32987 CELL ALLOWANCE PO # 42436 Description /Account REFUD DEPOSIT Total : TRANSMISSION SERVICE: 40206D Total : 3RD QUARTER CELL ALLOWANCE Total : SERVICE CALL FOR PHONES Total : 3RD QUARTER CELL ALLOWANCE Total : COLVICO CONTRACT 09 -027 HIGH SPEED INTERNET LEGAL AD: FINANCE Total : Total : 42243 TRAFFIC ENGINEERING SERVICEE Total : 3RD QUARTER CELL ALLOWANCE Total : 3RD QUARTER CELL ALLOWANCE Total : PREPAID BOOKS FOR SOFTWARE Total : Total : Page: 1 Amount 257.00 257.00 326.09 326.09 135.00 135.00 40.02 40.02 135.00 135.00 6,413.30 6,413.30 108.95 108.95 1,522.00 1,522.00 135.00 135.00 135.00 135.00 1,740.00 1,740.00 105.75 105.75 3RD QUARTER CELL ALLOWANCE 135.00 Page: 1 vchlist 10/02/2009 2:35:12PM Bank code : apbank Voucher Date Vendor 18573 10/2/2009 002128 002128 S.C.O.P.E Invoice Voucher List Page: 3 Spokane Valley (Continued) PO # Description /Account Amount Total : 13.00 18574 10/2/2009 000064 SCHIMMELS, GARY CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 Total : 135.00 18575 10/2/2009 002151 SHILLEY RACHEL REFUND REFUND DEPOST 52.00 Total : 52.00 18576 10/2/2009 001100 SPOKANE CO SHERIFF'S OFFICE Sept 2009 PROCESS SERVICE 52.10 Total : 52.10 18577 10/2/2009 000459 SPOKANE CO TITLE CO 24736 ESCROW RECORDING FEES 296.66 Total : 296.66 18578 10/2/2009 000001 SPOKANE CO TREASURER 41501054 AUGUST 09: HOUSING 43,584.74 Total : 43,584.74 18579 10/2/2009 002149 STEWARD, CHERYL REFUND REFUND DEPOSIT 52.00 Total : 52.00 18580 10/2/2009 000063 TAYLOR, STEVE CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 Total : 135.00 18581 10/2/2009 000061 WILHITE, DIANA CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 Total: 135.00 930090043 10/30/2009 000001 SPOKANE CO TREASURER September 2009 SEPTEMBER 09: SHERIFF SERVICE 1,266,811.17 Total : 1,266,811.17 34 Vouchers for bank code : apbank Bank total : 1,358,953.20 34 Vouchers in this report Total vouchers : 1,358,953.20 Page: 3 vchlist 10/02/2009 2:35:12PM Bank code : apbank Voucher List Spokane Valley Page: 2 Voucher Date Vendor Invoice PO # Description /Account Amount 18561 10/2/2009 001009 001009 GOTHMANN, WILLIAM (Continued) Total : 135.00 l 18562 10/2/2009 000007 GRAINGER 9043023499 42246 GRAINGER BLANKET PO 78.43 Total : 78.43 18563 10/2/2009 001940 GROUP MOBILE INTL 10989 42460 GD- ITRONIX GD6000 VEHICLE RUC 8,100.00 Total : 8,100.00 18564 10/2/2009 001018 HP EXPRESS SERVICES HPE753078 42461 HP HARDWARE SERICE RENEWAL 517.00 Total: 517.00 18565 10/2/2009 002150 INSIGHT REFUND REFUND DEPOSIT 52.00 Total : 52.00 18566 10/2/2009 000265 JACKSON, MIKE CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 Total : 135.00 18567 10/2/2009 000788 MEDIA JOE, INC. 3111 42462 NEW AN PODIUM FOR CENTERPL 25,146.88 Total : 25,146.88 18568 10/2/2009 000069 MERCIER, DAVID CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 OCT 2009 OCT 09: AUTO ALLOWANCE 400.00 Total : 535.00 18569 10/2/2009 000062 MUNSON, RICHARD CELL ALLOWANCE 3RD QUARTER CELL ALLOWANCE 135.00 Expenses SEPTEMBER 2009 220.55 Total : 355.55 18570 10/2/2009 000652 OFFICE DEPOT INC. 489033608001 OFFICESUPPLIES: FINANCE 135.42 Total : 135.42 18571 10/2/2009 000512 OFFICETEAM 24378388 STAFFING SVCS: LASERFICHE 652.00 24378389 STAFFING SVCS: LASERFICHE 635.70 Total : 1,287.70 18572 10/2/2009 001604 PACIFIC NW PAPER 108663 COPY PAPER Total : 155.44 155.44 18573 10/2/2009 002128 S.C.O.P.E SEPT 2009 SCOPE APPRECIATION ATTENDAN 13.00 Page: 2 vchlist 10/02/2009 2:35:12PM 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 Voucher List Spokane Valley Paye: 4 Page: 4 vchlist 10/02/2009 2:47:06PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 18582 10/2/2009 001169 CITY OF SPOKANE VALLEY Oct 2009 PETTY CASH: 7246,47,48 31.66 Total : 31.66 18583 10/2/2009 002137 ESPRIT TECHNOLOGIES, INC Sept 2009 OFFICE 2007 TRAINING CLASSES 4,625.00 Total : 4,625.00 18584 10/2/2009 000132 MODERN ELECTRIC WATER CO August 2009 UTILITIES 4,283.73 Total : 4,283.73 18585 10/2/2009 000193 NORTHWEST CHRISTIAN SCHOOL INC Oct 2009 CITY HALL RENT 37,468.47 Total : 37,468.47 18586 10/2/2009 000324 SPOKANE CO WATER DIST #3 Aug 2009 WATER CHARGES: PARKS 404.28 Sept 2009 WATER CHARGES: PARKS 326.29 Total: 730.57 5 Vouchers for bank code : apbank Bank total : 47,139.43 5 Vouchers in this report Total vouchers : 47,139.43 I, the undersigned, do certify under penalty of perjury, that the materials have been fumished, 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 Voucher List Page: 1 Spokane Valley Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 10 - 13 - 09 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 September 30, 2009 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Gross: $ 225,777.64 Benefits: $ 112,364.36 Total payroll $ 338,142.00 STAFF CONTACT: Raba Nimri ATTACHMENTS DRAFT September 15, 2009 Attendance: Councilmembers Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Ian Robertson, Councilmember MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington Staff 6:00 p.m. Dave Mercier, City Manager Mike Jackson, Deputy City Manager Ken Thompson, Finance Director Neil Kersten, Public Works Director Mike Stone, Parks & Rec Director Kathy McClung, Comm. Dev. Director Cary Driskell, Deputy City Attomey Rick VanLeuven, Police Chief John Whitehead, Human Resources Manager Scott Kuhta, Senior Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Munson opened the meeting at 6:00 p.m. and welcomed everyone to the meeting. City Clerk Bainbridge called the roll; all councilmembers were present except Councilmember Robertson. It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to excuse Councilmember Robertson from tonight's meeting. ACTION ITEMS: 1. Second Reading Proposed Ordinance 09 -021 Amending SARP — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and seconded to approve ordinance 09 - 021. Deputy City Attorney Driskell explained that this ordnance amends Ordinance 09 -012, removing book one which was recommended by the Planning Commission. Mayor Munson invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Second Reading Proposed Ordinance 09 -022 Amending Comp Plan Map (SARP) — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and seconded to approve ordinance 09 - 022. Deputy City Attorney Driskell said that this is the companion piece to 09 -021 and incorporates Book I into the comp plan where it belongs; and declares an emergency pursuant to 36.70A.130. Mayor Munson invited public comment. Susan Scott, 2312 S Bolivar Road; she read the following statement: "at last week's meeting I commented on the lack of availability, to the public, of a copy of the SARP you adopted in June. This prompted a conversation between staff and council on what was available. The Public notice published September 4, 2009 was referenced but it refers to the ordinance and copies of the ordinance not to a copy of the actual plan. I followed through the next morning and stopped by city hall to request a copy of the SARP that was on file. A finished product was not yet available. The Community Development Administrative Assistant charged with the task of producing this document was gracious enough to come up to the counter and show me what she had so far. She even printed the two page subarea plan district map for me. The SARP Council Meeting Minutes: 09 -15 -09 Page 1 of 8 Approved by Council: DRAFT is a huge document. Not only does staff have to make sure they have included all the necessary changes and proofed all the text and companion charts and spreadsheets, they have the additional technical burden of converting the awkward and expensive format of the original to an easier to handle and less expensive to publish 8 -1/2" x 11" format. The point is, the final document, for the SARP, ready for public review and promised last June, does not yet exist. It appears that it did not exist at the time of the original ordinance, and is still not available for this ordinance amendment. In exactly two weeks you intend to begin enforcement of the new form based coding and building regulations contained in this plan. How can you possibly have planning staff adequately prepared to administer the plan without a finished document? I am not blaming staff. I understand and completely sympathize with what they are going through to produce the finished product. I would, however, suggest council seriously consider placing this ordinance amendment on hold and extend the date of implementation until the documentation catches up with the process and is ready for your use as well as public review and comment. This would best serve the interests of transparency and public disclosure. Thank you." Mayor Munson asks staff if the final document is available on line; and Community Development Director McClung said she spoke with Ms. Scott earlier this afternoon; and since that conversation now has updated information, and explained she (Ms. McClung) did not know how complicated it would be to convert this document to a file which could be put on our website; that it has to do with getting the document back from the consultant, then going line by line through the document as the consultant got the document Council adopted but has not made any changes since the original public hearing document; so staff went through the document line by line to ensure accuracy; then there are system constraints as it is a very large document and cannot simply be placed on the website, but must be done in pieces; that staff has this afternoon sent the document to the City's PIO (Public Information Officer) to publish; Ms. McClung said disc copies are available, there are twenty available here tonight, and more can be provided if needed. Mr. Kuhta said the final, updated document is available to the public; there is a copy with the Clerk, it is not in the format staff preferred to start publishing and giving out to the public, but the final version has been filed with the Clerk. Deputy Mayor Denenny asked if staff will be in a position where they can explain to the public, and work with the public, and provide the necessary information for the implementation of this and for the direction developers need to go; and Mr. Kuhta said the final formatting has not deterred from having staff training, and getting staff updated on the regulations; that training has been conducted prior to the adoption up until three or four weeks ago and training will continue as the plan starts to be implemented; and staff is ready. Mr. Kuhta said the format that has been made available to the public is not the final, finished, "pretty" version but is in a version that can be viewed, and people are looking at it and coming in and asking questions, but that there have not been a lot of people asking about the new regulations since it was adopted, as it is likely that most people who are following the process have been keeping up with the document; that he has been regularly asking the planning counter if there are a lot of public questions on the Subarea Plan, and we have not been getting a lot of questions, there are a few projects that have been coming in and we are working with people to get their permits finalized before the Plan goes into effective, but there have not been a lot of people coming in to ask about it. Councilmember Gothmann asked about the format of the CD available now, and Mr. Kuhta said it is a Word document in 8.5 x 11 format; that they are also producing the large format which is another challenge to work with two documents, one that can be filed with the clerk, and one that is in that table -top version that the consultants are producing, so getting those two to match exactly has been a large challenge; but the text and content are available; and he reiterated that although there are twenty CD's now, staff can produce twenty or thirty or more at any time. Councilmember Dempsey asked about delaying the effective date by a month or so to give everything a chance to catch up with itself. Mayor Munson asked when would the final product be on our website; and Mr. Kuhta said it should only take a couple days, it was sent to the website administrator, and there are Council Meeting Minutes: 09 -15 -09 Page 2 of 8 Approved by Council: DRAFT some problems with the links, so it's just technical details and the challenges with working with our website software, but it will hopefully be on the website tomorrow; and as soon as it is ready for publishing, staff will send out an e-mail to Council and to the database /interested party list. Mayor Munson asked for council opinion to delay the effective date until October 15. Deputy Mayor Denenny asked staff if they feel there is any benefit in such a delay; and Mayor Munson asked if the public version is ready yet, and stated that the public might not have a final version available to them until two days from now; and Deputy Mayor Denenny said they can get the CD now if they desire. Mr. Kuhta said it was staff's desire to get a version that is most easy for the public to use; and if Council wants to extend the effective date by two weeks or a month, staff has no objection, but added that staff is ready to go. Councilmember Gothmann said the document is ready now in Word format and it appears there would be no purpose to wait as this format works fine; and if the extended format will be available in a few days, he said he sees no benefit in delaying this document, not to staff or any member of the public and the information is on the CD. Councilmember Schimmels said it should be tabled until everything is ready; and that it would be fair to the public to move it out a few weeks or a month, and said he has no problem with an effective date of October 15. Councilmember Wilhite said although the document is on a CD, if it could be more readily available to the public, she prefers to be overly cautious and have it available, and would agree to postpone the effective date. After discussion on the process to make such a change, Deputy City Attorney Driskell said such a change would represent an amendment to the ordinances, and Mr. Mercier said such amendment proposal could be brought to Council next week if Council desires. Vote by acclamation on the motion to approve Ordinance 09 - 022: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Munson asked if there was Council consensus to ask the City Manager to bring forward an ordinance change on the implementation change date for the Plan, and although Councilmember Gothmann said he does not feel there is a need, there was Council consensus to bring such amendment proposal to Council at next week's meeting, with October 15, 2009 as the newly proposed effective date. 3. First Reading Proposed Ordinance 09 -020 False Alarms — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to advance ordinance 09 - 020 to a second reading. Deputy City Attorney Driskell explained that this is a two -piece process involving this ordinance and the upcoming agenda item concerning the contract, which Chief VanLeuven handled and which resulted in a sole response to the RFP (request for proposal); that this ordinance will turn responsibility of false alarms to an alarm code administrator, it would require an alarm registration fee, and that some of the penalties can be avoided by attending classes to learn how to avoid some of the false alarms; that the school districts have a substantial number of false alarms and this would require them to register as well, but the registration fee would be waived and they would be allowed one uncharged false alarm; adding that the goal is to reduce the number of false alarms. Chief VanLeuven said that most of the school alarms are due to human error. Councilmember Gothmann asked about personal alarms such as On -Star, and staff said they would have to research that aspect of alarms. Discussion included the protocol for the alarms, the proposed registration fees for commercial and residential, the data from the City of Spokane with before and after using the CryWolf service; and that once implemented, the account holder would not see any difference except a more efficient service. Mayor Munson invited public comment. Tony Lazanis asked several questions about whether the police is trying to create more bureaucracy or another branch of security, and Chief VanLeuven assured him that is not the intent nor would that be the outcome; and Mr. Lazanis asked other questions about number of contacts, and that this appears to be duplication of efforts, but Chief VanLeuven said this is not a duplication as the alarm company will handle the information to be forwarded to the police department. Council Meeting Minutes: 09 -15 -09 Page 3 of 8 Approved by Council: DRAFT Dick Behm, 9405 E Sprague Avenue: said that break -ins occur quickly and by the time this gets to the police department, it would take thirty minutes or more; but Chief VanLeuven explained that when an alarm goes off, the alarm company responds within seconds to call the business and if there is no answer, they dispatch the police and police are normally en -route with a miniscule amount of delay; and said this doesn't change anything from the way they handle alarms now. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading Proposed Ordinance 09 -023 Hearing Examiner Rules of Procedure — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and seconded to advance ordinance 09 -023 to a second reading. Deputy City Attorney Driskell explained that Council moved on June 9 to send the revised Hearing Examiner rules of procedure to the Planning Commission for review; and that the Planning Commission met, held a public hearing, and have now forwarded their recommendation to Council; that the proposed amendments updates the existing ordinance, clarifies the role and responsibility of the Hearing Examiner and establishes new procedures to be followed. Councilmember Gothmann asked if it was correct to include references to the Spokane County Code, and Mr. Driskell said he would clarify that between now and the second reading; but felt it was appropriate as the Hearing Examiner is through the County. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Site Selector Agreement — Scott Kuhta It was moved by Deputy Mayor Denenny and seconded to authorize the City Manager's or designee's signature on the Site Selector Agreement as presented. Senior Planner Kuhta said that this issue was discussed in August and Council expressed concern about the automatic annual renewal provision; he said the changes noted are mainly housekeeping, and that working with several entities and trying to get an agreement everyone agrees to, is not very easily accomplished; but that the agreement covers a three year term with a provision that allows any member to withdraw at any time with 30 days' notice; and that staff can give Council an annual report on the Site Selector. Mr. Kuhta said there is a need to find better ways to capture the information and get better reporting, and that is difficult due to the anonymous nature of the Internet; but members of the consortium are working on that; that in reference to a message from Dick Behm sent out earlier about the expired listings, Mr. Kuhta said the listings that get on the website do not come through the consortium members but through the commercial broker's association; and that has been indentified as a problem; he said that if the site selector disappears, the Spokane region would not be "in the game" for many companies who look to locate a business here; that consortium members can work toward enhancing the website and the next time, we can bring more positive reviews. Councilmember Wilhite said this is a process to have a "hands on" to make sure the content within our community is more accurate and up -to -date, and that we need to be involved with this consortium. Mr. Kuhta also mentioned the other slight change in Section 10 concerning the contract sum. Mayor Munson invited public comment. Mike King, 9300 East Sprague: said he is a commercial realtor, and he uses the commercial broker's association from Seattle which ties into the Site selector; that he get ticklers every six weeks to update listings; but he has not seen them coming off the site selector, and said that students at WSU are working on that; that he sees value in the Site selector, but it needs to be monitored a little more. Dick Behm, 9405 E Sprague Avenue: said as a customer, he is impressed with the site, and there are lots of things it can do; and that he is also a marketer and somebody's not doing their job; that of forty listings for Spokane Valley, twenty -seven are in the industrial park; that his listing has been on there for eighteen months but has been leased; and he said it will discourage people if we don't have updated information; Council Meeting Minutes: 09 -15 -09 Page 4 of 8 Approved by Council: DRAFT and he suggested sending this back for clarification on what they are doing and to ask why Spokane Valley is not better represented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Munson called for a short recess at 7:05 p.m. and reconvened the meeting at 7:14 p.m. NON - ACTION ITEMS: 6. Federal Delegation Representatives Update and Report — Mayor Munson Mayor Munson invited Ms. Erin Vincent, Eastern Washington Director for Senator Murray's office to come forward, and he thanked her for attending tonight. Mayor Munson referred to a list of topics to discuss, which included the North/South Corridor, Phase 2 stimulus package; the NPDES [National Pollution Discharge Elimination System], funding from the federal level, federal public works funding for cities, and the 2010 Transportation Authorization Bill. Regarding the North /South Corridor, Ms. Vincent said this type of project is of great concern to every city in the County; that the Senator is concerned in general about aging infrastructure across the State and across the Country, that she is Chair of the Transportation Housing and Urban Development Committee in the Senate and is responsible for authoring the section of the stimulus that gave us the "TIGER" grant fund; that the Senator is interested in making sure that cities have access to tools that will make it easier for them to examine ways to bridge the gaps, and that the challenge as a country is looking at how to deal with that as a whole. Mayor Munson said he is concerned because we currently have a "road to no- where." Regarding the TIGER funds, she explained that the Governor is responsible for prioritizing projects in the State, and that Ms. Vincent understands that the North/South Freeway is on that list; and they are hopeful to see some funding from that. For phase 2 of the stimulus package, Ms. Vincent said she believes that the mind of Congress is focused now on health care with very little attention on other issues, and that she is uncertain of the status of phase 2 stimulus funds. Councilmember Gothmann asked about investigating the possibility of this City being a pilot for a "green building" or "living building" City Hall, which would be 100% sustainable. Ms. Vincent said they will get back to Council on a response for that issue, and will research on this city's behalf, the possibility of such a building. Concerning the NPDES, Mayor Munson mentioned this is an unfunded mandate, that this city can deal with that fairly well, but there are other cities throughout the state which will go bankrupt over this, especially when it concerns the phase 2 licensing process. In speaking generally, Ms. Vincent said that cities across the nation are being bankrupt by obligations to upkeep infrastructure, including roads and stormwater, and this is an issue the Senator feels strong about and realizes this is a growing concern; and said that she (Ms. Vincent) will follow up with this specific issue with Council at a later time. Mayor Munson said that our City has been successful in dealing with the federal public works grant funds and have been fortunate to have the money for matching funds, but would appreciate the possibility of having the matching funds level reduced to assist the cities with these grants. Ms. Vincent said that they are working hard on this as at all levels of government, there is a "disconnect" between the level of match required and the amount that government is actually able to raise, and in the case of local governments, that is particularly keenly felt; that the Senator worked on the match requirement for a bill in a first responder program, which doesn't cover all areas of grant funding, but it is a specific area she examined and will continue to examine those issues; so the Senator understands this is a problem as it relates to public works grants; and Mayor Munson mentioned the idea of having a scoring process for the matching funds, to be based on a needs analysis Regarding the 2010 Transportation Authorization Bill, Mayor Munson said that this has been extended for eighteen months and there are some funds to do some projects during that extension. Ms. Vincent explained that this issue will likely rise to the top after the health care issue has been adequately addressed, and said we do not have an idea of the kind of spending patterns cities can expect due to the short funding in the next eighteen months, but will pass information Council Meeting Minutes: 09 -15 -09 Page 5 of 8 Approved by Council: DRAFT to Council as it becomes available, on spending priorities. Mayor Munson thanked Ms. Vincent for her attention to these issues and said he would like to make this type of report quarterly if possible. 7. Cable Ordinance Amendment — Cary Driskell In full disclosure, Mayor Munson mentioned he has two family members who work for Comcast on the west side of the state. Deputy City Attorney Driskell said staff and Comcast have been engaged in a lengthy discussion over a new franchise, that we inherited a franchise from Spokane County when we incorporated, which franchise was adopted in 1991 and expired several years ago, that we have been operating under an agreement to extend the terms, and that we are close to bringing that forward for council consideration. Mr. Driskell said that one of Comcast's concerns was that a new entrant competitor could come in with better terms, thereby putting Comcast at a competitive disadvantage; and as a result of those discussions, staff determined that it would be advantageous for the City to adopt a more comprehensive cable code that establishes what our minimum expectations would be for any cable provider requesting a franchise; that the essential terms include the franchise fee, which is 5% of the gross revenue, PEG (public, educational and governmental access channels) contribution , which is 35¢ per subscriber per month, customer service standards, and density build out requirements; and Mr. Driskell said staff has worked with Avista and Comcast on language for the Comcast franchise that does not appear to interfere with existing agreements between various utility users in the rights -of -way, which was then transferred to the appropriate section in this draft code; that once the franchise is in place, we can explore use of the PEG funds, which are limited to what is federally allowed, that those are for the benefit of the city citizens, and could be used to broadcast council meetings if desired. Mr. Driskell said we can make some capital contribution; that Comcast would have an upfront contribution and would be reimbursed over time by the 35¢ per subscriber monthly fee; adding that a new franchise will come to council in a few weeks, and the first ordinance reading is set for September 29. 8. Fee Schedule for 2010 — Ken Thompson Finance Director Thompson said that each year there are several suggestions for changes to the fee resolution, and this time there are only four or five suggestions; some to existing fees, some to changing the wording, and there could be some new fees early next year with Parks and Recreation; and said this will be back to Council October 20 for resolution approval consideration. In response to questions conceming the exact fees, Mr. Thompson said he would e-mail that information to council within a week, and said he is not aware of any changes to permitting fees; and City Manager Mercier conformed none of those fees are proposing to change. 9. Area -Wide Rezoning Process — Kathy McClung Community Development Director McClung explained that during a council meeting a few weeks ago there was discussion regarding a city-wide change to make the zoning consistent with the comprehensive plan, that a citizen raised the question that they felt their church was not properly notified; hence the question arose whether to notify all properties within that change even though state code does not require notifying owners or surrounding owners when there is a city-wide change. Ms. McClung said the public notification process differs depending on whether it is quasi-judicial or legislative issue; that a quasi - judicial decision is made regarding a particular property; and in this jurisdiction, it is usually made by the Hearing Examiner for such things as rezones and subdivisions; that the public notice requirements include notification to the property owner and surrounding properties. Mr. McClung said a legislative decision is area -wide or policy based; that Council makes these decisions which include changes to the Comprehensive Plan Map, policy changes and municipal text code changes; and area -wide zoning changes made to implement changes to the Comp Plan map; that public notice requirements or legislative changes do not require property owners to be notified individually; and said notices are published for city- wide consumption; and said tonight's question is, should the city notify all property owners in the future for legislative actions, notify surrounding properties, and if so, is this only for zoning map changes or for any change to zoning requirements. Council Meeting Minutes: 09 -15 -09 Page 6 of 8 Approved by Council: DRAFT Discussion included mention that there were over 1,000 properties involved with the SARP; that the incident which brought this topic forward involved 400 properties; that not all code changes impact people's use of property; some code changes enhance the use of the property; and a suggestion from Councilmember Gothmann was that he would like to see notification any time it affects 1,000 or less properties if it could result in a change in use, or would be re -zoned into a different use zone, and suggested sending the owners such notice via postcard; and that the idea is to allow property owners to speak to the issue regardless of whether the use of the property was increased, decreased, or simply changed. Ms. McClung said that what Councilmember Gothmann suggests seems to be more of a courtesy notice rather then the legal notice we are often times required to do, and that staff can do a courtesy notice; but will have to re -visit the issue in more detail and bring such research back to Council for further consideration. Council concurred to do so. Councilmember Gothmann suggested making the notification as specific as possible, stating for example, that such change will affect how the property owner will be allowed to use the property; or would affect the future of the property if sold; and Ms. McClung said there may be situations which would require different notifications to different property owners based on different zoning; and it was clarified the idea was to send the notice just to the property owner as opposed to everyone in adjoining properties. 10. Alarm Systems Draft Response — Rick VanLeuven Police Chief VanLeuven explained that they proposed outsourcing the handling of false alarms as a management solution; that it does not change the response, but manages the issue more efficiently in saving manpower hours; that they moved forward with the RFP (request for proposal) on July 17 and received one response from CryWolf Corporation; that this company has ten years' experience, and he went over the bulleted highlights in his September 9 memo to City Manger Mercier, including information on the amount of fees for the false alarm, registration information, and that this will save on court fees, and police manpower; summarizing that outsourcing with this company saves clerical time, court time, taxpayer dollars, and is a proven collection technique. Mr. Driskell said this contract will be in conjunction with the ordinance for false alarms, and both will have a January 1 effective date once approved. There was council consensus to bring this back for official motion consideration. 11. Character Counts Project — Mayor Munson Mayor Munson said that Superintendent Small has participated in this program; and he referred to the handout at the dais, and said that this could be included in our newsletter and /or discussed at the dais; that this is a positive message to our citizens, it could be a word of encouragement, and he asked Mr. Mercier to allow Public Information Officer Carolbelle Branch to get involved with formulation of a program along with Superintendent Small; that he does not anticipate needing a great deal of time, that he received a commitment from some of the radios of their helping make the public aware of this program; and that it is a self - sustaining program and needs no funding. Deputy Mayor Denenny said he agreed to review this concept; and Mr. Mercier approved allowing Ms. Branch's participation on an as- needed basis. 12. Council External Committee Reports - Councilmembers Mayor Munson said he met with Mayor Verner who mentioned about a committee on solid waste and a governance model; and Councilmember Schimmels said there were some basics but no specifics; that there was some criticism of the audit and the word "governance." Mayor Munson said he would like to get a copy of that recommended governance model when it is available. Concerning the SRTC (Spokane Regional Transportation Council), Councilmember Wilhite said she attend the last Board meeting and asked about representation on the Board, that in reviewing our previous council meeting minutes, there was nothing that showed Council had agreed to a set number of Council Meeting Minutes: 09 -15 -09 Page 7 of8 Approved by Council: DRAFT representatives, but was general consensus about having two representatives for the small cities; that she mentioned this at the SRTC meeting and reported back that there is no enthusiasm for changing Spokane Valley's representation; and the representation will stand as presented to change the representatives to two for the small cities; and added that there was no one in favor of dropping the population limit from 100,000 to 80 or 85,000 Mayor Munson said this can be discussed further once we have a draft interlocal agreement. 13. Advance Agenda —Mayor Munson Based on conversation tonight, Mr. Mercier said he added a few items to the Advance Agenda. 14. Information Only: The Aquatics and Parks Contract Update was for information only and was not reported or discussed. 15. Council Check -in — Mayor Munson Councilmember Schimmels said he left some information on the dais concerning "UPDOWN" and said if Council would return that to him, he will get further information later for Council. 16. City Manager Comments — Dave Mercier. Mr. Mercier had no comments. There being no further business, the meeting was adjourned at 8:46 p.m. ATTEST: Christine Bainbridge, City Clerk Richard M. Munson, Mayor Council Meeting Minutes: 09 -15 -09 Page 8 of 8 Approved by Council: DRAFT Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 168th meeting. Attendance: Rich Munson, Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Dick Denenny, Deputy Mayor Ian Robertson, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, September 22, 2009 City Staff INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: nla Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Neil Kersten, Public Works Director Ken Thompson, Finance Director Cary Driskell, Deputy City Attorney Rick VanLeuven, Police Chief Kathy McClung, Community Development Dir. Mike Stone, Parks & Recreation Director Carolbelle Branch, PIO Chris Bainbridge, City Clerk INVOCATION: Pastor Hulten from Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Dempsey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Denenny and Councilmember Robertson. It was moved by Councilmember Gothmann, seconded and unanimously agreed to excuse Deputy Mayor Denenny and Councilmember Robertson from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Wilhite, seconded and unanimously agreed to approve the amended agenda. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Dempsey: mentioned she attended the Wildfire Protection Plan meeting where they discussed a number of past serious fires throughout the County, and talked about being properly prepared. Councilmember Schimmels: no report. Councilmember Gothmann: said he attended a Spokane Valley Business Association meeting where they discussed how to improve the City's development process and he mentioned the City's upcoming October 1 development meeting being held for the purpose of improving the development process; said he met with Transportation Improvement Board Director (TIB) Steve Gorcester and said the TIB has a nationally award winning dashboard on their website which automatically shows when a project is completed, and Mr. Gothmann said he would like to make a future presentation to council on that topic; that he met with several of our legislative representatives where the city hall "living building" concept was mentioned; that he attended a Spokane Regional Transportation Council (SRTC) meeting as a guest; attended the Council of Governance meeting where the topic of transportation benefit district was discussed and the idea of an additional $45 for license car tabs, adding that this Council is reluctant to do that as it does not solve the revenue problem; attended a SNAP breakfast, a Chamber of Commerce breakfast with Jan Quintrell as speaker; he also attended the Washington State University Wildfire conference and suggested Council needs to look at ordinances and how they pertain to wildfire areas; he attended the walk for success in Council Regular Meeting: 9 -22 -2009 Page 1 of 6 Approved by Council: DRAFT Edgeclift; and he extended kudos to Councilmember Wilhite for working to keep that neighborhood free from crime; and said he got a flu shot from the Board of Health and he encouraged everyone to get their flu shot now for the seasonal flu. Councilmember Wilhite: reported that she addend the Edgeclift Walk; and the ALS (amyotrophic lateral sclerosis, also known as Lou Gehrig's disease) walk in Mirabeau Park; she attended the SRTC meeting; the Council of Governance meeting; the Spokane County fair opening; the Art Council auction; the SVBA meeting; and the United Way kick -off. MAYOR'S REPORT: Mayor Munson reported that he had his normal quarterly meeting with the School Superintendent; participated in an on -line legislative committee meting with the Association of Washington Cities (AWC); attended the wildfire protection planning meeting where it was noted the only elected officials attending where from Spokane Valley; participated in the ALS walk and gave the welcome to the group; attended the Greater Spokane Inc (GSI) breakfast; said that he and City Manager Dave Mercier met with GSI representatives Rich Hadley and Jeff Severs today and discussed the need for better communications, and determined they will meet monthly, adding that the GSI is scheduled to present to Council at the October 13 meeting; that he received an e-mail today from the Department of Commerce and said they gave a list of things they will be concentrating on in the next few years, and that he received another e-mail from them regarding the proposed legislation toward climate control and the ways cities will be asked to implement some of the programs discussed. PUBLIC COMMENTS: Mayor Munson invited general public comments and no comments were offered. 1. PUBLIC HEARING: Proposed 2010 Budget — Ken Thompson Mayor Munson opened the public hearing at 6:23 p.m. and invited Finance Director Thompson to the podium. Mr. Thompson said that tonight is last public hearing for the proposed 2010 budget, which is approximately $100 million, which is a decrease of approximately $10 million from last year's budget; and said he does not expect any significant changes in the budget. Mayor Munson invited public comment; no comments were offered and Mayor Munson closed the public hearing at 6:24 p.m. 2. 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. Claim Vouchers, Voucher #18303 through #18439; 831090038, 904090022: total: $2,660,294.61 b. Payroll for pay period ending September 15, 2009: $249,633.44 c. Approval of Council Meeting Minutes of August 25, 2009 d. Approval of Council Meeting Minutes of September 1, 2009 e. Approval of Council Meeting Minutes of September 8, 2009 f. Approval of Executive Session Council Meeting Minutes of September 15, 2009 Councilmember Gothmann asked that item 2c be removed to be discussed separately. It was then moved by Councilmember Wilhite, seconded, and unanimously agreed to approve the consent agenda with the exception of 2c. Item 2c. Approval of Council Meeting Minutes of August 25, 2009 Councilmember Gothmann explained that the sentence on page two reads that he met with Dick Behm at a meeting where he discussed City Finance 101 and disincorporation; but stated that it was Mr. Behm who discussed disincorporation rather than Mr. Gothmann. It was suggested the sentence be changed to read "and Mr. Behm discussed disincorporation." It was then moved by Councilmember Gothmann, seconded and unanimously agreed to approve the minutes as amended. Council Regular Meeting: 9 -22 -2009 Page 2 of 6 Approved by Council: DRAFT NEW BUSINESS: 3. Second Reading Proposed Ordinance 09 -018 Levying Tax — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve Ordinance 09 -018 setting the property tax levy at $10,799,500, for the 2010 budget for the City of Spokane Valley. Finance Director Thompson said that property taxes are expected to comprise an estimated 20% of the General fund revenues; that this will result in an estimated tax rate of $1.54 per $1,000 of assessed value, but that could change to a few cents difference. Mayor Munson invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Second Reading Proposed Ordinance 09 -019 Property Tax Confirmation — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to adopt Ordinance 09 -019 confirming a 2.9% ($299,500) increase in property tax over the 2008 levy which was collected in 2009. Mr. Thompson said that state law requires this as a separate ordinance; that we don't know the rate of inflation so we make the best estimate we can and feel we will be very close to $1.52 per $1,000 assessed value; and said we are required to include what we believe the increase will be, and although we are using the 2.9% figure, it would more likely be an estimated 1.9 %; and said once the County examines everything and knows the assessed value, they calculate the rate. Mayor Munson invited public comment. Dean Grafos, 16120 E. Sprague Avenue: said that under state law council has another option in lieu of raising the property tax, that of reducing the budget accordingly, and said that is the option he would opt for and he asked that Council turn down this ordinance and not approve it. There was brief council discussion on the process for adopting these ordinances and of the budget process in general; and Councilmember Gothmann mentioned that from looking through the budgets for 2007, 2008 and 2009, that property taxes over those past three years increased an average of 4.2% per year, and that most of that was in 2007 and 2008 when we had a lot of construction; that the general fund's primary use is to fund public safety and said that about 60% of the general funds are for public safety, and that the Sheriff's Contract increases an estimated 6% annually as opposed to the 4.2% property tax increase annually; and that these figures do not include the $2 million the City recently paid to the Sheriff's Department; and said if Council wants to cut the general fund, the largest element of that is the Sheriff's Contract, that he is not advocating this but pointing out the percentage amounts; and that the suggestion to reduce the fund by $300,000 equates to reducing the funding amount to the Sheriff's office, and said he does not think that would be a good thing to do. Mayor Munson added that the $200,500 would come primarily from new construction and from how the state tells us the values of those special properties; and that .1% of that increase will come from what we are estimating to be between .1 and .2 from current property owners, and said he feels the approach is reasonable. Vote by Acclamation: In Favor: Mayor Munson and Councilmembers Schimmels, Gothmann, and Wilhite. Opposed: Councilmember Dempsey. Abstentions: None. Motion carried. 5. Second Reading Proposed Ordinance 09 -020 False Alarm — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to approve Ordinance 09 -020. Deputy City Attorney Driskell explained that they did a complete re -write of the city's alarm code, that this is unchanged from the first reading except the definition of "alarm system" was edited to exclude a personal alert system primarily for medical alert purposes. Mr. Driskell also mentioned that staff examined the code and fees from the City of Spokane and it was found they grant a reduction in the alarm registration fee if there is no false alarm the prior year, and they also have some provision for low income, which, Mr. Driskell explained, staff would look to replicate into our own fee structure so the two systems would be identical in that regard. Mayor Munson invited public comment. Tonv Lazanis, Spokane Valley resident: said he doesn t agree with another alarm Council Regular Meeting: 9 -22 -2009 Page 3 of 6 Approved by Council: DRAFT fee, and said just because the City of Spokane does this it doesn't mean we should pass it on to the valley; he said we don't need another fee and are fine the way we are now; and that the valley Police Department has enough dimes to do the job. There were no other public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 6. Second Reading Proposed Ordinance 09 -023 Hearing Examiner Rules of Procedure — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to approve Ordinance 09 -023. City Attorney Connelly said that this ordinance reflects the new set of Hearing Examiner procedures; that the rules were before Council several months ago, then were before the Planning Commission, and are now here for final approval consideration; that the current system has rules adopted by the Board of County Commissioners adopted in the mid 1990's and there are several inconsistencies; that he worked with the Hearing Examiner in developing these rules, and they are now consist with Code and with providing a fair hearing. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 7. First Reading Proposed Ordinance 09 -024 Adopting 2010 Budget — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance Ordinance 09 -024 to a second reading. Finance Director Thompson said that this is the first reading of the ordinance to adopt the 2010 budget, and said the schedule establishing the positions and salary is not yet attached as staff is still negotiating with the Union, but the schedule will be added for the second reading. Mayor Munson invited public comment; no comments were offered. There was brief council discussion concerning the service level reserves, the budget calculator on the city's website, that the budget is balanced with no cuts in service; and commendations to staff. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. This item was moved to 14a. Administrative Report 9. First Reading Proposed Ordinance 09 -026 Amending SARP Ordinance 09 -012 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded t o suspend the rules and adopt ordinance 09 -026. City Attorney Connelly explained that these four ordinances are companion ordinances and should all be considered in the same manner, and the only impact they have is to extend the effective date of the Sprague /Appleway Revitalization Plan from October 1, 2009 to October 15, 2009; and said in order to have them effective prior to the first date of the original SARP ordinance, the rules will need to be suspended and the ordinances adopted tonight. Mayor Munson invited public comment; no comments were offered. Mayor Munson mentioned that he previously asked the City Clerk how many requests she has had for this Plan since it was passed, and she said two requests: one from one of the interim council candidates, and one from Sue Scott; but that Ms. Scott was told we had a hard copy of the Plan but that was not what Ms. Scott desired; and Mayor Munson also extended his thanks to staff for getting this document ready and on the website, adding that it has been on the website now since last Wednesday. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 10. First Reading Proposed Ordinance 09 -027 Amending SARP Ordinance 09 -013 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -027. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. Council Regular Meeting: 9 -22 -2009 Page 4 of 6 Approved by Council: DRAFT 11. First Reading Propose Ordinance 09 -028 Amending SARP Ordinance 09 -021 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -028. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 12. First Reading Proposed Ordinance 09 -029 Amending SARP Ordinance 09 -022 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -029. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. Mayor Munson announced that the SARP will now be in effect October 15, 2009. 13. Motion Consideration: Alarm Contract Award — Rick VanLeuven It was moved by Councilmember Gothmann and seconded to award the contract to Public Safety Corp / "Cry Wok' and authorize the City Manager or his designee to execute the contract. Police Chief Van Leuven said that last week the minimum criteria for this company was discussed, and that in his opinion they exceed those minimum requirements; adding that of the twenty false alarms they received yesterday, eight did not have current contact information, and said that all were in fact, false alarms. Councilmember Schimmels asked if the false alarm ties in with fire alarms, and Chief VanLeuven said they are separate but they can interface with current alarm companies. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 14. Motion Consideration: Mayoral Appointment to Cable Committee — Chris Bainbridge It was moved by Councilmember Wilhite and seconded to confirm the Mayor's appointment of Steven Lunden to the Spokane Regional Cable Advisory Board for a term beginning immediately and expiring December 31, 2009. City Clerk Bainbridge explained that Senior Administrative Analyst Koudelka spoke with the applicant and with the Mayor, and the Mayor favors the appointment, and the applicant is ready, willing and able to participate; and the reason for the short term is that Mr. Lunden will be completing the unexpired term of the last person who is no longer on the committee. Mayor Munson mentioned that the applicant is present tonight, and he thanked him for his willingness to volunteer. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. PUBLIC COMMENTS: Mayor Munson invited general public comments. Tony Lazanis, Spokane Valley resident: said he would like to find out, that the public needs to know, the budget for 2008, and 2009, the traveling budget, and the staff budget for 2008 and 2009, and how much was allocated and how much was spent in 2008 and how much was spent so far in 2009; and said he hopes the Council will tell the public now. Mayor Munson said that is information that staff will need to gather; and said the normal procedure when questions are asked is to give staff enough time to answer the question properly and that procedure will be followed in this case as well. Mayor Munson called for a recess at 7:20 p.m., and reconvened the meeting at 7:30 p.m. ADMINISTRATIVE REPORTS: N/A 14a. (former agenda item #8) Report on Draft Ordinance Finding Substantial Need — Ken Thompson Mayor Munson said that he asked that this action item be changed to an administration report then have a first reading next week. Finance Director Thompson explained that the City is allowed to levy a 1% increase over the highest lawful levy or an increase equal to the implicit price deflator, which equates to inflation, whichever is less; that this has not been an issue for the last eight to ten years as inflation has always been grater than 1% but there is some concern this time that inflation may be -1% and staff is Council Regular Meeting: 9 -22 -2009 Page 5 of 6 Approved by Council: DRAFT trying to guard against a situation where we might actually lose money on the property tax levy; and he explained his spreadsheet showing the figures if inflation is 1 %, 2.9 %, or -1 %; but said that instead of a 2.9% increase, it will be closer to 1.2 which affects the $1.54 tax rate per thousand to $1.52 instead; and said if inflation is negative as shown in column c, we'd lose a little and have a little lower tax rate. In response to council questions, Mr. Thompson said if we have deflation or a negative number, we'd have a decrease in property taxes, but that the assessed value is not likely to go down, that the deflation will have an affect on new construction and improvements. Mr. Thompson also said that we will probably have the same level of service as in the past, and in most years we count on about a 6 -8% cost increase, that this is not the same thing as a "cost of living" increase, but is a special formula the state uses. Mr. Mercier said that there are two things to balance: the escalation in cost in operating the services provided, and the anticipated $2.8 million loss in sales tax and $400,000 loss in building service fees, against a prospective $299,000 increase in property tax; and said the budget is designed so there is no loss of service across all city services. Mayor Munson said the average residential property tax would decrease slightly with column c figures, and under column B they would be up a very little. Mr. Mercier added that column c is entirely hypothetical; with Councilmember Gothmann adding that the increase in tax using the figures in column c would amount to approximately 210 more per month to the average property owner. 15. Department Highlights and Work Plan for 2010 — Mike Jackson Mr. Mercier began by going over the council goals as shown on the PowerPoint slides, followed by Chief VanLeuven giving his public safety highlights, and Mr. Jackson explaining the operations and administrative services highlights including goals for the administrative division and human resources. Finance Director Thompson went over the services and funding slides, followed by Parks and Recreation Director Stone's explanation of the Administrative and Maintenance Division, the Recreation and Aquatics Division, , and plans for the Senior Center and CenterPlace. Community Development Director McClung discussed the work plan and goals for the planning division, and building and development engineering divisions, and in response to question, said the current computer system does not support on- line permitting and that they will have to consult with the finance department in that regard. Public Works street fund, stormwater, and capital projects expenditures were discussed by Public Works Director Kersten, and he mentioned that the new emergency snow operations will be implemented this year and he feels they are on track and moving ahead, and they will continue to evaluate the Long -term options. 16. INFORMATION ONLY: The Department Reports were for information only and were not reported or discussed. EXECUTIVE SESSION: N/A It was then moved by Councilmember Wilhite, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:20 p.m. ATTEST: Christine Bainbridge, City Clerk Richard M. Munson, Mayor Council Regular Meeting: 9 -22 -2009 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 13, 2009 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance 09 -024, adopting the 2010 Budget GOVERNING LEGISLATION: Passage of an ordinance is required under state law to adopt the 2010 City Budget. PREVIOUS COUNCIL ACTION TAKEN: Public hearings on the proposed budget for 2010 were held on August 11, September 8 and September 22, 2009. Ordinances adopting the 2009 property tax levy for collection in 2010, and confirming the increase in property tax were passed during September 2009. The first reading of this ordinance took place at the September 22, council meeting OPTIONS: The City Council should consider the second reading of the attached budget ordinance at the October 13, council meeting. The City Council could also elect to consider the second reading of the ordinance adopting the 2010 budget at a later date. The council could modify the amounts appropriated within this ordinance and conduct a second reading. However, the second reading must take place prior to December 15, 2009 to comply with state law. Appendix A is the position classification schedule for 2009. Negotiations are underway to determine the classifications and salaries for 2010. When these items are determined this ordinance will be amended to reflect updated positions and classifications. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 09 -024, adopting the budget for the calendar year 2010. BUDGET /FINANCIAL IMPACTS: Once passed, this will be the adopted budget for 2010. STAFF CONTACT: Ken Thompson, Finance /Administrative Services Director FUND ESTIMATED REVENUES & FUND BALANCE EXPENDITURE APPROPRIATIONS GENERAL FUND $54,540,850 $54,540,850 STREET FUND 7,399,050 7,399,050 -0- -0- ARTERIAL STREET FUND DRAFT Ordinance 09 - 024, Annual Appropriation Ordinance 2009 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09 -024 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2010 THROUGH DECEMBER 31, 2010 APPROPRIATING FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS. WHEREAS, State law requires the City Manager to prepare a preliminary budget for the City of Spokane Valley at least sixty (60) days before the beginning of the City fiscal year beginning January 1, 2010 and ending December 31, 2010; and WHEREAS, the City Manager in consultation with the Finance Director and Department Heads has prepared and placed on file with the City Clerk a preliminary budget together with an estimate of the amount of money necessary to meet the expenses of the City including payment of outstanding obligations; and WHEREAS, notice was posted and published for public hearings held on Aug 11, Sept 8 and Sep. 22, 2009. The City Council in the City of Spokane Valley met and received public comment in the City Council Chambers during each public hearing; and WHEREAS, following the filing of the preliminary budget with the City Clerk, notice of the same and three hearings on the budget, the City Council desires to adopt the 2010 budget, including all allowances and an appropriation for each fund so that a balanced budget, where appropriations are limited to the estimated revenues including beginning fund balances, is adopted for the City, and WHEREAS, a finding of substantial need was made by the City Council on September 29, 2009 which allowed the property tax levy to increase; and WHEREAS, the City of Spokane Valley property tax levy for 2009 for collection in 2010, will be $10,799,500 which is $299,500 (2.9 %) greater than the levy in 2008 for collection in 2009. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Adoption of 2010 Budget. The budget for the City of Spokane Valley for the year 2010 is hereby adopted as the balanced budget of the City with appropriations limited to the total estimated revenues and beginning fund balances of the City. The final budget for 2010 is attached hereto and by this reference is incorporated herein pursuant to RCW 35A.33.075. For summary purposes, the total estimated appropriations for each separate fund plus the aggregate total for all such funds is set forth as follows: Page 1 of 3 TRAILS & PATHS FUND 8,000 8,000 HOTEL/MOTEL FUND 400,000 400,000 DEBT SERVICE LTGO DEBT SERVICE LTGO 03 650,000 650,000 CAPITAL PROJECTS FUND 1,948,000 1,948,000 SPECIAL CAPITAL PROJECTS FUND 612,000 612,000 STREET CAPITAL PROJECTS FUND 10,572,000 10,572,000 MIRABEAU POINT CAPITAL FUND -0- -0- STREET BOND CAPITAL -0- -0- CD BLOCK GRANT FUND 300,000 300,000 CAPITAL GRANTS FUND 2,465,000 2,465,000 BARKER BRIDGE FEDERAL FUND 1,767,000 1,767,000 STORMWATER MANAGEMENT FUND 4,398,015 4,398,015 PARKS CAPITAL PROJECTS FUND 820,000 820,000 EQUIPMENT R &R FUND CITY FACILITIES REPLACEMENT 919,000 1,240,000 919,000 1,240,000 RISK MANAGEMENT FUND 258,000 258,000 RESERVES: CIVIC FACILITIES 5,827,000 5,827,000 CENTERPLACE 350,000 350,000 SERVICE LEVEL 5,400,000 5,400,000 WINTER WEATHER 505,000 505,000 TOTAL ALL FUNDS $100,378,915 $100,378,915 DRAFT The total balance of all funds appropriated for the year 2010 is $100,378,915. Section 2. Positions and Salary Schedules. The various positions and salary ranges for city employees are included in Appendix A of the final budget which is attached hereto and by this reference incorporated herein pursuant to RCW 35A.33.075. Ordinance 09 -024, Annual Appropriation Ordinance 2009 Page 2 of 3 DRAFT Section 3. Transmittal of Budget. A complete copy of the budget as adopted, together with a copy of this Ordinance shall be transmitted by the City Clerk to the Division of Municipal Corporations in the Office of the State Auditor and the Association of Washington Cities. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect five (5) days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of October 2009. ATTEST: Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Richard M. Munson, Mayor Ordinance 09 -024, Annual Appropriation Ordinance 2009 Page 3 of 3 City of Spokane Valley Washington Annual Budget For the Fiscal Year January 1, 2010 Through December 31, 2010 Budget Message Budget Guide Expenditures City Profile & Other Budget Information CITY OF SPOKANE VALLEY - 2010 BUDGET TABLE OF CONTENTS Council members & Staff 1 City Manager's Budget Message 3 About the Budget & the Budget Process 9 Spokane Valley Budget Policies 12 Basis of Accounting and Budgeting 13 Explanation of Revenue Sources 14 15 Budget Summary 21 -32 General Fund 33-55 All Other Funds 56-69 Capital Expenditures 70 -71 Position Listing by Department 72 Full Time Equivalent Count by Year 74 2009 Workforce Comparison 75 Employee Salary Schedule 76 Community Profile and History 77 Debt Service Schedule 80 Multi -Year Financial Plan for General Fund 81 Multi -Year Financial Plan for the Street Fund 82 Glossary 83 Budget Ordinance 41 ♦♦♦♦ O ♦40 ♦• ♦ • ♦00.00 ♦ ♦ ♦00 ♦e 4.0 00• ♦00 ♦0000•• • ee•O ♦0• • • • • • • • • • • • • • • • • • • • • • • • • ♦ • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • • CITY OF SPOKANE VALLEY Richard Munson, Mayor Position #5 City Council Members Diana Wilhite Position #1 Ian Robertson Rose Dempsey Position #3 • 1 Position #2 • o e • • Gary Schimmels William Gothmann e • ♦ Position #4 Position #6 • o • • • • Dick Denenny, Deputy Mayor o • o • Position #7 • ♦ • • • Staff • s ♦ • • David Mercier, City Manager • • • • e Mike Jackson, Deputy City Manager e • o • Ken Thompson, Finance Director e e • • o • Kathy McClung, Community Development Director e e Mike Stone, Parks & Recreation Director e • • • • • Neil Kersten, Public Works Director e o • • Michael Connelly, City Attorney o°e o • • Christine Bainbridge, City Clerk • e • o • • • • City Manager's Budget Message Annual Budget For Fiscal Year 2010 Spokane Valley° Dear Citizens, Mayor and City Council of Spokane Valley: It is my pleasure to present the budget document for the fiscal year of 2010, which represents the combined efforts of the City Council, staff and citizens. This year, the City Council, Planning Commission and citizens gave much attention to drafting and adopting on June 16, 2009 the Sprague /Appleway Revitalization Plan that endeavors to economically rejuvenate the corridor and create a City Center incorporating community buildings; urban, commercial, and housing opportunities; and to spur reinvestment all along the city's main corridor. Citizens are invited to read about the plan on the City website: www.spokanevalley.org. Budget Highlights The 2010 budget recognizes the economic realities of our times and the necessity to operate within its financial means. The budget process has been used to reinforce the City's commitment to delivering its core services in a cost effective manner. A summary of key budget highlights for review by the Council and community follows: Revenue: Decline and Flat Growth Horizon: Revenue projections for the 2010 fiscal year have identified a sharp decrease ($3.5 million) in sales tax receipts, the city's most significant source of revenue. The City's six -year financial forecast shows flat or slow revenue growth beyond 2010; however, those estimates will fluctuate according to changing trends in the economy. Expense: Moderate Growth in Current Operational Expenses: Investing in the essential core services identified by the Council and community creates baseline costs. Similar to the trend in most jurisdictions, costs and demands for service are growing while tax revenues are decreasing. Even with a relatively small city staff, quality service delivery requires ongoing investment in basic capacity to provide efficient operations. 3 Fact: Public Safety Costs Dominate the Municipal Budget: In 2010, Police, Court and Jail related services will cost $22,062,268 —an amount equal to 204% of anticipated property tax collections for the entire year. That answers the question of how your city tax dollars are spent. 4 Property Tax Revenues $10,969,500 The High Cost of Doing Nothing Each dollar not spent on street preservation today will cost $8 -10 for reconstruction in twenty years. Police/Court/Jail Services $22,062,268 Capital Investments: Successful Grantsmanship Pays Dividends: City staff actively pursues funding commitments from other sources to help pay the cost of needed capital improvements— roads, bridges and parks —that benefit the community. The 2010 street capital construction program totals $10,572,000 of which the City will contribute $2,960,000 or, just 28 percent. Street Fund: State Funding of Local Roadway Maintenance Insufficient: This fund derives its revenues from an allocation of the state Motor Fuel Tax distributed to cities and towns. Currently, the City receives only about $2 million, or, less than forty percent of the funds needed to pay for street maintenance activities like snow plowing, pothole repair, resurfacing eroded lanes, sweeping, weed control, street lighting, traffic signals and a variety of other repairs. A problem facing Spokane Valley for the foreseeable future will be closing that gap between street related revenues and costs. Any decline in routine maintenance expenditures will result in noticeable deterioration in the conditions of local streets. Pavement: In an attempt to determine how best to keep the surfaces and bases (underground support) of roads in proper condition, a Street Master Plan was prepared that itemizes the positive and negative conditions of our city street system, and identifies the repair needs and costs associated with maintaining our 437 miles of roadway. The report details the need for an additional annual investment of $4.3 million in street preservation work to keep the street system from deteriorating and triggering much more expensive repair work in the future. The Current Fiscal Year in Review The sixth full year of operating Washington's newest city marked additional progress in addressing community issues and defining desirable goals for the future. Citizen participation was ample in the proceedings of the City Council, Planning Commission, and at community gatherings discussing the launch of a City Center initiative as the spark of the Sprague /Appleway Revitalization Plan. Residents and business people continue to provide city officials with their views on the broad range of issues related to economic development and land use regulations. The City Council welcomes public comments and works to balance the various interests expressed when enacting ordinances intended for the protection and enhancement of the quality of life in Spokane Valley. City representatives embrace continuous public participation, attend to a heavy workload, and take pleasure in achieving results that affect the community in positive ways. Some of those results are reflected in the substantial progress in meeting the 2009 budget goals. Progress in Attainment of the Major Goals of 2009 Continue monitoring wastewater issues, including governance of wastewater facilities, and pursuit of the most efficient and economical methods to ensure the continuation of wastewater discharges licenses. Goal Accomplished: Council and staff continued collaboration with discharger stakeholder groups, environmentalists and regulatory agencies including meetings with the Director of Washington Department of Ecology. The City provided legislative support amending DOE rules expanding the life span from 10 to 20 years for A Mitigation Implementation Plan (MIP) associated with an acceptable Total Maximum Daily Load ruling. Department of Ecology has renewed a public comment period on their proposal prior to issuance of a discharge permit. City staff also served on the County's Design/Build/Operate vendor selection committee. Explore further funding sources for City Center that builds upon the City's initial investment in a City Hall to spur further private investment in the development of a mixed used City Center. Goal Accomplished: The Office of City Attorney has consulted with Bond Counsel and others to determine legal options available for funding a new City Center, as well as purchase of land for a new City Hall. Purchase and Sales Agreement negotiations continue regarding which party will assume various development costs. 5 Identify performance measures for the Police Department and monitor progress in their attainment. Goal Accomplishment Underway: The ICMA Consulting final report anticipated in July /August 2009 will suggest performance measures for Council and stakeholder consideration. Upon adoption of chosen performance measures, implementation and monitoring will begin. Implement and evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by the City Council. The Budget for Fiscal Year 2010 Balanced Budget Adopted: 6 Goal Accomplishment Commencing October 1: The Council adopted the SARP sub -area plan on June 16, 2009 and created the opportunity for evaluation of the regulation after the October 1 implementation date. Evaluate the availability, costs and effects of private sector vendors performing winter road maintenance for the City. Goal Accomplishment Underway: Substantial effort has been invested to develop a short -term and a long -term strategy for providing winter road services subsequent to notification by Spokane County that the winter roads contract terminates on October 15, 2009. Council receives extensive progress reports every two weeks. And, we await County agreement to commence negotiations of a one-year contract extension should alternative approaches not materialize prior to the winter of 2009/2010. Implement records indexing and phase in a document imagine system City department by City department with the goal of achieving city -wide implementation in 2010. Goal Substantially Accomplished: Implementation of the records indexing system via Laserfiche document imaging system has been initiated. Many of the record series from the City Clerk's Office, Finance Department and Public Works Department have been digitized and indexed. One of the most important tests of fiscal management is the ability of a municipal enterprise to maintain basic services during an economic downturn. The creation and maintenance of financial reserves since incorporation have served their intended purpose and provided the opportunity for Spokane Valley to sustain critical public services during the turbulent economic conditions of 2009. The 2010 budget reflects a continuation of service delivery capabilities during difficult and uncertain economic times. The 2010 budget is in balance; expenses have been paired with known or reasonably predictable revenues. The budget is designed to maintain the healthy, positive fund balance at year end that provides for the city's cash flow needs without costly borrowing. In pursuit of fiscal responsibility, special attention was given to limiting the growth in new programs and financial commitments while City revenue and expenditure patterns further fluctuate with the economy. This approach allows available resources to be put toward sustaining services that are consistent with the City Council's priorities for 2010 and beyond. Department Achievements: Each of the City's departments undertook an aggressive work program in 2009. The budget document contains descriptions of their accomplishments for the year and their goals for next year. City residents are invited to acquaint themselves with the efforts made by municipal employees on your behalf. I leave to the department heads the pleasure of sharing their recent successes and goals for the coming year. Two (2) new full -time positions were included in the budget proposal as we strive to address the demands of a city that has grown to 89,440 people. "...the City has taken a conservative approach to adding staff..." Since incorporation, this City has taken a conservative approach to adding new staff. Spokane Valley continues to have the lowest employee count of any Washington city over 50,000 in population. (Please see the attached 2009 Work Force Comparison.) As we approach the new fiscal year, the provision made for additional new employees is minimal at 2 fulltime equivalent positions in the 2010 budget. Major Goal Statements for 2010: The 2010 budget reflects the distribution of resources consistent with the Council's core services priorities. The following goals represent just very broad areas of concentration important to the well being of the community: 1. Continue monitoring wastewater issues, including govemance of wastewater facilities, and pursuit of the most efficient and economical methods to ensure the continuation of wastewater discharge licenses. 2. Implement records indexing and phase in a document imaging system City department by City department with the goal of achieving city-wide implementation in 2010. 3. Implement and Evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by City Council. 4. Develop a Shoreline Master Program to provide appropriate regulatory protection for waters of statewide significance as required by state statute. 5. Pursue a legislative capital budget request for state funding for the acquisition of parkland adjacent to the Park Street Pool. 6. Develop and implement a multi -vear winter roads maintenance plan including availability, costs and effects of private sector vendors performing winter road maintenance for the City. 7. Pursue state funding of a demonstration project that constructs a city hall in accordance with "living building" standards. Acknowledgments: In closing, it has been a pleasure to work with the Council and individual City departments to accomplish the goals they established. I genuinely appreciate the citizens of Spokane Valley, the City Council and individual staff members who have made it possible for the City to develop and prosper. Everyone involved continues to give generously of their time and energy undertaking heavy and challenging workloads. Thanks also for the patience and feedback from the many citizens who have shown an abiding interest in the community or volunteered their time to improve the quality of life in Spokane Valley. Respectfully, David Mercier, City Manager 8 SO tame TO: David Mercier, City Manager and Members of Council FROM: Ken Thompson, Finance & Administrative Services Director DATE: July 7, 2009 SUBJECT: About the Budget and the Budget Process The budget includes the financial planning and legal authority to obligate public funds. Additionally, the budget provides significant policy direction by the City Council to the staff and community. As a result, the City Council, staff and public are involved in establishing the budget for the City of Spokane Valley. The budget provides four functions: 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org 1. A Policy Document The budget functions as a policy document in that the decisions made within the budget will reflect the general principles or plans that guide the actions taken for the future. As a policy document, the budget makes specific attempts to link desired goals and policy direction to the actual day -to -day activities of the City staff. 2. An Operational Guide The budget of the City reflects its operation. Activities of each City function and organization have been planned, debated, formalized, and described in the following sections. This process will help to maintain an understanding of the various operations of the City and how they relate to each other and to the attainment of the policy issues and goals of the City Council. 3. A Link with the General Public The budget provides a unique opportunity to allow and encourage public review of City operations. The budget describes the activities of the City, the reason or cause for those activities, future implications, and the direct relationship to the citizenry. 4. A Legally Required Financial Planning Tool The budget is a financial planning tool, which has been its most traditional use. In this light, preparing and adopting a budget is a State law requirement of all cities as stated in Title 35A of the Revised Code of Washington (RCW). The budget must be adopted as a balanced budget and must be in place prior to the beginning of the City's fiscal year. The budget is the legal authority to expend public moneys and controls those expenditures by limiting the amount of the appropriation at the fund level. The revenues of the City are estimated, along with available cash carry- forward, to indicate funds available. The budget takes into account unforeseen contingencies and provides for the need for periodic adjustments. 9 Year 2010 Budget Process The City of Spokane Valley operates on a calendar year basis. It utilizes an incremental budgeting approach that assumes, for most functions of government, that the current year's budget is indicative of the base required for the following year. Any increases are incremental and based on need defined by the organization's budget policies, emerging issues, Council goals, and available resources. The formal budget planning begins in the spring with discussions between the City Manager and City Council during a retreat. Following the retreat, the City Manager and the Department Directors prepare the preliminary budget based upon the City Council priorities. The City Council reviews the preliminary budget beginning in August. In June, departments prepare requests for new staff, programs, or significant increases to their current year budget that will address emerging issues and other operational needs. In their requests, the departments identify the problem that they are trying to address, the recommended solution, implementation plan, projected cost and expected outcomes. The Finance Department and City Manager conduct an analysis of the departmental base budgets and the revenue outlook for the coming year to determine the availability of funds for any new initiatives. During May and June, the departments also develop their budgets. These budget requests are submitted to the Finance Department by the middle of May. In early July, the City Manager reviews each department's budget requests and develops a preliminary budget recommendation. As mandated by RCW 35A.33.135, the first requirement is that the City Manager submit estimated revenues and expenditures to the City Council on or before the first Monday in October. The preliminary budget is presented to the City Council in September. Public hearings are held to obtain taxpayers' comments, and revisions as applicable, are made. The Council makes its adjustments to the preliminary budget and adopts by ordinance a final balanced budget no later than December 31. The final operating budget as adopted is published, distributed, and made available to the public during the first three months of the following year. After the budget is adopted, the City enters a budget implementation and monitoring stage. Throughout the year, expenditures are monitored by the Finance Department and department directors to ensure that funds are within the approved budget. Finance provides financial updates to the City Council to keep them current with the City's financial condition. Any budget amendments made during the year are adopted by City Council ordinance. The City Manager is authorized to transfer budgeted amounts within a fund; however, any revisions that alter the total expenditures of a fund, or that affect the number of authorized employee positions, salary ranges or other conditions of employment must be approved by the City Council. 10 When the City Council determines that it is in the best interest of the City to increase or decrease the appropriation for a particular fund, it may do so by ordinance approved by one more than the majority after holding one public hearing. Significant Changes to the 2010 Budget A review of the 2010 preliminary budget reveals the following significant changes: Revenues 1. Sales Tax receipts for 2010 have been estimated at $15.9 Million, a reduction of about $3.5 Million from 2009 budgeted receipts. Citizens are tightening their financial belts as concerns relating to jobs, retirement plans, and home equity have slowed the economy. 2. A slowing of real estate sales has reduced Real Estate Excise Tax receipts from $2 Million/year to $800,000 /year which are used for capital projects. 3. While not a "significant" change, it is important to note the City of Spokane Valley property tax rate is expected to be near $1.54/$1,000 of assessed value. This is the second lowest rate of all cities in Spokane County. 4. Service fee receipts (Building and Planning) have been reduced by $400,000 as development activity slows. Expenditures 1. The 2010 budget anticipates the following for winter street maintenance in the street fund: • Operation/Maintenance of 6 used state plows /trucks $120,000 • Lease and improve Street/Stormwater maintenance facility $65,000 2. A serious shortage of funds to use as match on federal and state grants for parks and street capital projects may reduce the amount of improvements made in these areas during 2010. A new revenue source would help capture these state and federal dollars for local capital improvements. 3. Reservation software for CenterPlace has been included at a cost of $30,000. 4. $300,000 has been budgeted to continue implementation of an automated records management system. 5. Two new positions have been proposed in the Finance Division to assist in preparing annual fmancial statements and to keep the project accounting system current. 6. A total of $200,000 has been budgeted, $50k in the general government budget & $150k in street fund, to prepare an inventory of Americans with Disabilities Act needed improvements. 11 City of Spokane Valley Selected Budget Policies Department directors have primary responsibility for formulating budget proposals in line with City Council and City Manager priority direction, and for implementing them once they are approved. The Finance Department is responsible for coordinating the overall preparation and administration of the City's budget. This function is fulfilled in compliance with applicable State of Washington statutes governing local government budgeting practices. The Finance Department assists department staff in identifying budget problems, formulating solutions and altematives, and implementing any necessary corrective actions. Interfund charges will be based on recovery of costs associated with providing those services. Budget adjustments requiring City Council approval will occur through the ordinance process at the fund level prior to fiscal year end. The City's budget presentation will be directed at displaying the City's services plan in a Council /constituent- friendly format. The City will pursue ending fund balances for operating funds at a level of no less than 8% of revenue. Beginning in 2010, short term debt shall not exceed 10% of revenues. No long term debt will be incurred without identification of a revenue source to repay the debt. Long term debt will be incurred for capital purposes only. The City will maintain equipment replacement funds that will receive budgeted contributions from the operating expenses of departments using the capital equipment in an amount necessary to replace the equipment at the end of its useful life. Life cycle assumptions and required contributions will be reviewed annually as part of the budget process. 12 BASIS OF ACCOUNTING AND BUDGETING Accounting Accounting records for the City are maintained in accordance with methods prescribed by the State Auditor under the authority of the Revised Code of Washington (RCW), Chapter 43.09.20, and in compliance with generally accepted accounting principles as set forth by the Governmental Accounting Standards Board. Basis of Presentation - Fund Accounting The accounts of the City of Spokane Valley are organized on the basis of funds, each of which is considered a separate accounting entity. Each fund is accounted for with a separate set of double -entry accounts that comprise its assets, liabilities, fund equity, revenues and expenditures or expenses, as appropriate. The City's resources are allocated to and accounted for in individual funds depending on their intended purpose. The following are the fund types used by the City of Spokane Valley: Governmental Fund Types Governmental funds are used to account for activities typically associated with state and local government operations. All governmental fund types are accounted for on a spending or "financial flows" measurement focus, which means that typically only current assets and current liabilities are included on related balance sheets. The operating statements of governmental funds measure changes in financial position, rather than net income. They present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. There are four govemmental fund types used by the City of Spokane Valley: General Fund This fund is the primary fund of the City of Spokane Valley. It accounts for all financial resources except those required or elected to be accounted for in another fund. Special Revenue Funds These funds account for revenues that are legally restricted or designated to finance particular activities of the City of Spokane Valley. Special Revenue funds include the Street Fund, Arterial Street Fund, Trails & Paths Fund, Hotel/Motel Fund, CenterPlace Operating Reserve Fund, Service Level Reserve Fund, Civic Facilities Reserve Fund, and Winter Weather Reserve Fund. Debt Service Funds These funds account for financial resources which are designated for the retirement of debt. Debt Service funds are comprised of the Debt Service LTGO 03. Capital Project Funds These funds account for financial resources, which are designated for the acquisition or construction of general government capital projects. Capital Project Funds include the Capital Project Fund, Special Capital Projects Fund, Streets Capital Projects Fund, 13 CDBG Fund, Capital Grants Fund, Barker Bridge Federal Grant Fund, and Parks Capital Projects Fund. Proprietary Fund Types Proprietary funds are used to account for activities similar to those found in the private sector where the intent of the governing body is to finance the full cost of providing services, including depreciation, which based on the commercial model uses a flow of economic resources approach. Under this approach, the operating statements for the proprietary funds focus on a measurement of net income (revenues and expenses) and both current and non - current assets and liabilities are reported on related balance sheets. Their reported fund equity (net total assets) is segregated into contributed capital and retained earnings components. As described below, there are two generic fund types in this category: Enterprise Funds These funds account for operations that provide goods or services to the general public and are supported primarily by user charges. The Stormwater Management Fund is included in this group of funds. Internal Service Funds These funds account for operations that provide goods or services to other departments or funds of the City. The Equipment Rental and Replacement Fund and Risk Management Fund are included in this group of funds. Basis of Accounting Basis of accounting refers to when revenues and expenditures are recognized in the accounts and reported in the financial statements. The City of Spokane Valley uses a modified accrual basis of accounting. Modified accrual recognizes revenues when they become both measurable and available to finance expenditures of the current period. The basis of accounting for enterprise and internal service funds is full accrual. The appropriate basis is used throughout the budgeting, accounting, and reporting processes. Full accrual is a method of accounting that matches revenues and expenses with the period to which they relate, rather than focusing on actual cash flows. In this method, for example, an asset is depreciated as it is "used up," and the expense is recognized in periodic increments, rather than assuming the asset holds its value until it is actually disposed of. However, since the focus of budgeting is on the revenues and expenditure accounts, depreciation and amortization are not considered budgetary accounts, and are excluded from the budgeting system. Budgets and Budgetary Accounting Annual appropriated budgets are adopted for all funds. These funds are budgeted on the modified cash basis of accounting. The financial statements include budgetary comparisons for those funds. Budgets are adopted at the fund level that constitutes the legal authority for expenditures. Annual appropriations for all funds lapse at the fiscal period end. 14 GENERAL FUND REVENUES: EXPLANATION OF REVENUE SOURCES Property Tax Revenue Property taxes play an essential role in the finances of the municipal budget. State law limits the City to a $3.60 levy per $1,000 assessed valuation, deducting from there the levy of $1.50 by the Spokane County Fire Districts #1 and #8, along with deducting $0.50 for library levies, which leaves the City with the authority to levy $1.60 for its own purposes. The levy amount must be established by ordinance by November 30th prior to the levy year. Local Retail Sales and Use Tax The local retail sales and use tax is comprised of two separate .5% options with the County receiving 15% of each .5 %. After deducting .01% as a County administrative fee, the City's effective rate is .84 %. Local Criminal Justice Sales Tax Local Sales Tax for Criminal Justice funding is to be used solely for criminal justice purposes, such as the City's law enforcement contract. This tax is authorized at 1 /10 of 1% of retail sales transacted in the County. Of the total amount collected, the State distributes 10% to the County, with the remainder being distributed by population to the cities and the unincorporated areas of the County. Beginning in 2005, an additional .1% voter approved increase in sales tax was devoted to public safety purposes. This final .1% was approved by the voters again in August 2009. Gambling Tax Revenues Gambling tax revenues must be spent primarily on law enforcement purposes pertaining to gambling. Funds remaining after necessary expenditures for such enforcement purposes may be used for any general government purpose. Gambling taxes are to be paid quarterly to the City, no later than the last day of January, April, July and October. The City imposes a tax on the following forms of gambling at the following rates: Bingo (5% gross, less prizes); Raffles (5% gross, less prizes); Games (2% gross, less prizes); Card playing (10% gross). Leasehold Excise Tax Taxes on property owned by state or local governments and leased to private parties (City's share). Franchise Fees Cable TV is the only franchise fee levied in the City at a rate of 5% of gross revenues. This is a fee levied on private utilities for the right to use city streets, alleys, and other public properties. 15 State - Shared Revenues State - shared revenues are received from liquor sales, and motor vehicle excise taxes. These taxes are collected by the State of Washington and shared with local governments based on population. State - shared revenues are distributed on either a monthly or quarterly basis, although not all quarterly revenues are distributed in the same month of the quarter. The 2009 population figure used in the 2010 Preliminary Budget is 89,440 as determined by the Office of Financial Management for Washington State. This figure is important when determining distribution of State shared revenues on a per capita basis. Liquor Board Profits and Liquor Excise Tax Cities receive a share of both liquor board profits and liquor excise tax receipts. The profits are distributed on the last day of March, June, September, and December. The excise portion is distributed on the last day of January, April, July, and October. To be eligible to receive these revenues, a city must devote at least two percent of the distribution to support an approved alcoholism or drug addiction program. Service Revenues Fees are charged for services rendered by the City of Spokane Valley. Most of the fees in the General Fund are construction inspections and permits related to services such as planning, zoning and building. Fines and Forfeitures Fines and penalties are collected as a result of Municipal Court rulings and other miscellaneous rule infractions. All court fines and penalties are shared with the State, with the City, on average, retaining less than 50% of the amount collected. Recreation Program Fees The Parks and Recreation Department charges fees for selected recreation programs. These fees offset some of the costs related to providing the program. CenterPlace Fees The Parks and Recreation Department charges fees for use of CenterPlace. Uses include regional meetings, weddings, receptions and banquets. Rental rooms include classrooms, the great room and dining rooms. Investment Interest The City earns investment interest on sales tax, property tax, and fund investments. 16 OTHER FUND REVENUES: STREET FUND: Motor Vehicle Fuel Excise Tax (gas tax) The City receives gas tax based on population. Gas tax must be spent on streets. The City expects to receive approximately $23 per capita in motor vehicle fuel excise tax (gas tax) in 2010. The gas tax has increased each year for several years. However, the higher cost of gasoline has resulted in users cutting back on the amount they buy which ultimately reduces the tax received by the City. Telephone Utility Tax The City of Spokane Valley levies a 6% telephone utility tax. Companies providing this service pay this tax to the City monthly. Telephone tax has been estimated at $2.8 million for 2010. ARTERIAL STREET FUND: Motor Vehicle Fuel Excise Tax (gas tax) All Motor Vehicle Fuel Excise Tax is now directed to the Street Fund. The only new revenue for the Arterial Street Fund will be small amounts of interest income earned from the balance existing in this Fund. TRAILS & PATH FUND: A small percentage of the City's gas tax must be set aside for capital expenditures on trails and paths. This money will likely accumulate for several years until adequate dollars are available for a project. HOTEL/MOTEL FUND: This fund receives all revenue resulting from the Hotel/Motel Tax levied upon charges made for the furnishing of lodging by a hotel, rooming house, tourist court, motel, trailer camp and other transient accommodations in the City. The tax rate is 2 percent of the selling price or charge made for the lodging. It is collected and administered by the Washington State Department of Revenue. State law requires that these taxes be credited to a special fund with limitations on use, principally to generate tourism/convention activities that bring new visitors to our area, as prescribed by RCW 67.28.310. DEBT SERVICE FUND — LTGO 03: The Public Facilities District will provide funding for the debt service on CenterPlace Bonds. The City's Capital Projects and Special Capital Projects Funds will provide funding for the debt service on street bonds. CAPITAL PROJECTS FUND: 17 Under Washington State Law, RCW 82.46.010, the City is allowed to impose an excise tax on each sale of real property at the rate of one - quarter of one percent of the selling price. The revenue generated is used for financing capital projects as specified in the capital facilities plan under the Growth Management Act. SPECIAL CAPITAL PROJECTS FUND: Under Washington State Law, RCW 82.46.010, the City is allowed to impose an additional excise tax on each sale of real property at the rate of one - quarter of one percent of the selling price. The revenue generated is used for financing public works capital projects as specified in the capital facilities plan under the Growth Management Act. INTERFUND TRANSFERS: Many funds receive their revenues from other funds in the form of an interfund transfer. These transfers may represent payments for service, an operating transfer, or a concentration of revenues for a specific project. The following funds receive transfers from other funds. General Fund is budgeted to receive transfers from the Street Fund, Stormwater Management Fund, and the Hotel/Motel Fund of $25,000, $15,000 and $90,000, respectively. The street fund will be repaying the general fund for loans made in prior years for street maintenance. Trails & Paths Fund is budgeted to receive a transfer from the Street Fund in the amount of $8,000 which represents .42% of gas tax allocated to the City. Street Capital Projects Fund (303) is budgeted to receive transfers from Stormwater Management Fund, Special Capital Projects Fund (302) and Capital Projects Fund (301). Debt Service Fund is budgeted to receive transfers from the Capital Projects Fund and the Special Capital Projects Fund of $105,000 each. Parks Capital Fund (309) will receive a transfer from the general fund. Risk Management Fund is budgeted to receive $258,000 from the General Fund for employment security payments and City insurance premiums. STORMWATER MANAGEMENT FEE: This fee is imposed upon every developed parcel of property within the City and is an annual charge of $21.00 for each single family unit and $21.00 per 3,160 square feet of impervious surface for all other properties. These charges are uniform for the same class of customers and service facilities. These fees are estimated to be $1,600,000 for 2010. 18 2010 BUDGET Major Revenue Assumptions 1. The 2009 population figure used in the 2010 Preliminary Budget is 89,440 as determined by the Office of Financial Management for the State of Washington. This figure is important when determining distribution of State shared revenues on a per capita basis. 2. The 2010 estimated assessed valuation (AV) is $7.06 billion. The City's actual assessed value will be assigned by the Spokane County Assessor. 3. Property taxes are levied based on assessed value and the City's authorized levy rate. A rate of $1.54 per thousand dollars of assessed value is anticipated. The City expects to collect 95% of taxes levied in 2010 realizing the remaining 5% will be collected in the following years. 4. Franchise fees and business registrations are based on projected fees in 2009. 5. Liquor excise taxes and liquor profits are based upon estimates from the Municipal Research and Services Center (MRSC). 6. Fines & Forfeits are based on projected collections in 2009. 7. Building permit and land use fees are estimated by the City of Spokane Valley, based on expected 2009 collections. 8. Real estate excise taxes are based on projected collections by the City in 2009. 9. Gas tax revenues are based on estimates by the City of Spokane Valley. 10. The Stormwater Management fee is based on an Equivalent Residential Unit (ERU) rate of $21. 19 2010 BUDGET Major Expenditure Assumptions 1. Service levels are the same or greater than provided in 2009. 2. Positions and salary ranges are based on the City's compensation and classification plan. 3. Benefit amounts are based on the employee benefits plan. 4. The contract costs for public safety, park maintenance, aquatics and street maintenance are based on estimates by City staff. 5. State required retirement (PERS) costs have been included. 20 trod 001 General Fund 101 Street Fund 102 Arterial Street Fund 103 Trails & Paths Fund 105 Hotel/Motel Fund 120 CenterPlace Operating Reserve Fund 121 Service Level Stabilization Fund 122 Winter Weather Reserve Fund 123 City Facilities Repair & Replacement 204 Debt Service LTGO 03 301 Capital Projects Fund 302 Special Capital Projects 303 Street Capital Projects 304 Mirabeau Point Capital Projects Fund 306 CD Block Grant Fund 307 Capital Grants Fund 308 Barker Bridge 309 Parks Capital Projects Fund 310 Civic Building Capital Projects Fund 402 Stomlwater Management 501 Equipment Rental & Replacement Fund 502 Risk Management Fund City of Spokane Valley 2010 Budget Summary Estimated Beg. Fund Balance $ 19,375,000 1,777,000 19,000 347,000 5,350,000 500,000 825,000 1,553,000 230,000 518,000 5,770,000 2,771,015 900,000 28,000 $ 39,963,015 $ Total Resources $ 100,378,915 The City budgets all resources of each fund. It is recognized that all resources will not be spent. • This column Is staffs best estimate of the fund balance at year end. 21 Revenues gxpenclitures $ 35,165,850 $ 54,540,850 5,622,050 7,399,050 8,000 8,000 381,000 400,000 3,000 350,000 50,000 5,400,000 5,000 505,000 415,000 1,240,000 650,000 650,000 395,000 1,948,000 382,000 612,000 10,572,000 10,572,000 300,000 300,000 2,465,000 2,465,000 1,767,000 1767,000 302,000 820,000 57,000 5,827,000 1,627,000 4,398,015 19,000 919,000 230,000 258,000 Anticipated Fund Balance 12131/2010 $ 18,599,813 1,000,000 25,000 350,000 5,400,000 505,000 1,240,000 150,000 5,827,000 1,300,000 919,000 30,000 60,415,900 $ 100,378,915 $ 35,345,813 39,963,015 City of Spokane Valley 2010 Budget Resources by Type General Fund Beginning Balance $ 19,375,000 Property Tax 10,969,500 Sales Tax 16,600,000 Gambling Tax 425,000 Franchise Fees /Business Registration 1,100,000 State Shared Revenues 1,450,000 Service Revenues 1,500,000 Fines and Forfeitures 1,600,000 Recreation Program Fees 650,000 Miscellaneous & Investment Interest 561,350 Transfers 310,000 Total General Fund 54,540,850 Other Funds ioi Street Fund 7,399,050 102 Arterial Street Fund - 103 Trails & Paths Fund 8,000 105 Hotel /Motel Fund 400,000 120 CenterPlace Operating Reserve Fund 350,000 121 Service Level Reserve Fund 5,400,000 122 Winter Weather Reserve Fund 505,000 123 City Facilities Repair & Replacement 1,240,000 204 Debt Service LTGO 03 650,000 301 Capital Projects Fund 1,948,000 302 Special Capital Projects Fund 612,000 303 Street Capitial Projects Fund 10,572,000 304 Mirabeau Point Project Fund - 306 CDBG Fund Revenues 300,000 307 Capital Grants Fund 2,465,000 308 Barker Bridge - Federal Grant Fund 1,767,000 309 Parks Capital Fund 820,000 310 Civic Building Capital Fund 5,827,000 402 Stormwater Management Fund 4,398,015 501 Equipment Rental & Replacement Fund 919,000 502 Risk Management Fund 258,000 Total Other Funds 45,838,065 Total All Funds $ 100,378,915 22 Fines and Forfeitures 2.9% State Shared Revenues 2.7% Franchise Fees /Business Registration 2.0% Gambling Tax .8% Sales Tax 30.4% Service Revenues 2.8% City of Spokane Valley 2010 General Fund Revenue Sources $54,540,850 Recreation Program Fees 1.2% 23 Miscellaneous & Investment Interest 1.0% Transfers 0.6% Property Tax 20.1% Biginning Balance 35.5% Capital Projects Fund 23.9% Debt Service Fund 0.6% Other Misc Funds 8.2% City of Spokane Valley 2010 Estimated City Sources $100,378,915 Stormwater Manangement Fund 4.4% 24 Internal Service Fund 1.2% Biginning Balance 19.3% General Fund 35.0% General Fund Revenues Beginning Fund Balance Property Tax Property Tax Property Tax - Delinquent City of Spokane Valley 2010 Budget Detail Revenues by Type 2008 2009 2010 Proposed Actual Budget Budget $ 13,747,197 $ 12,116,644 $ 19,375,000 5 9,669,437 $ 10,500,000 $ 10,799,500 166.651 175,000 170,000 9,836,088 10,675,000 10,969,500 Sales Taxes Sales Tax 16,161,028 17,880,000 14,410,000 Sales Tax - Criminal Justice 1,380,721 920,000 1,400,000 Sales Tax - Public Safety 780,361 600,000 790,000 18,322,110 19,380,000 16,800,000 Gambling Taxes Punch Boards & Pull Tabs 75,518 60,000 70,000 Amusement Games 1,136 2,000 2,000 Card Games 753,494 463,000 343,000 Interest on Gambling tax 16,054 - 10,000 846,202 525,000 425,000 Licenses & Permits Business Licenses 81,403 60,000 80,000 Franchise Fees 925,439 904,550 1,020,000 1,006,842 964,550 1,100,000 Stale Shared Revenues Streamline Mitigation of Sales Tax 197,476 - 90,000 MVET Criminal Justice - Population 18,417 11,100 19,000 Criminal Justice Area #4 123,808 101,450 124,000 Criminal Justice Special Programs 70,844 60,000 71,000 DUI - Cities 15,894 35,000 16,000 Liquor Board Excise Tax 428,953 400,000 430,000 Liquor Board Profits 598,659 650,000 696,600 Work Study Reimbursement 3,342 - 3,400 1,455,393 1,257,550 1,450,000 Service Revenues Building Permits 1,205,020 1,200,000 722,800 Plumbing Permits 73,174 53,000 35,000 Grading Permits 4,617 7,000 5,000 Mechanical Permits 91,261 99,000 92,000 Demolition Permits 5,145 5,000 5,200 Misc. Permits & Fees 108,531 55,000 100,000 Plans Check Fees 315,375 250,000 250,000 Planning Fees 291,205 219,540 290,000 2,094,328 1,888,540 1,500,000 Fines and Forfeitures Fines & Forfeits - Traffic 763,251 765,730 620,000 Other Criminal Non - Traffic Fines 986,813 610,730 980,000 1,750,064 1,376,460 1,600,000 Recreation Program Charges Activity Fees (To use a recreational facility) 534,591 449,070 584,000 Program Fees (To participate In a program) 65,135 63,000 66,000 Other - - - 599,726 512,070 650,000 Miscellaneous Investment Interest 361,845 300,000 300,000 Sales Tax Interest 58,432 40,441 60,000 Property Tax Interest - 25,000 Police Precinct Rent 97,753 - 51,564 Office of Public Def- Re- Licensing Grant 75,100 - - Miscellaneous Revenue & Grant 63,119 52,800 149, 656,249 418,241 561,350 Transfers Transfer from Street Fund - Overhead 25,000 25,000 25,000 Transfer from Stormwater - Facility Transfer from Stormwater Transfer from Street Fund - Membership Repayment from St. Fund Transfer from Hotel/Motel - CenterPlace Total General Fund Revenue 15,000 15,000 15,000 34,300 44,900 30,000 - - 150,000 84,590 90.000 90,000 158,890 174,900 310,000 $ 36.725.892 $ 37.172,311 $ 35,165,850 25 Total General Fund Revenue and Beginning Fund Balance $ 50,473,089 $ 49,288,955 $ 54,540,850 Other Fund Revenues City of Spokane Valley 2010 Budget Detail Revenues by Type 2008 2010 Actual 2009 Proposed Budget Budget Budget 101 Street Fund Beginning Fund Balance 3,718,759 1,542,000 1,777,000 Property Taxes 1,025 Motor Fuel (Gas) Tax 2,093,688 2,050,000 1,900,000 Investment Interest 53,103 125,000 10,000 Loan from General Fund 430,000 1,175,000 - Utility Tax - 2,500,000 2,800,000 Insurance Premiums & Recoveries 4,646 Transfer From Stormwater Fund - Facility 200,000 Miscellaneous Revenue & Grant 26,455 712,050 6,327,676 7,392,000 7,399,050 1Q2 Arterial Street Fund Beginning Fund Balance 611,095 581,000 Contributions - Development & Planning Investment Interest 16,431 10,000 627,526 591,000 103 Trails & Paths Fund Beginning Fund Balance 33,744 34,000 - Motor Fuel (Gas) Tax 9,892 Investment Interest 970 1,000 - Transfer from Street Fund 8,000 8,000 44,606 43,000 8,000 105 Hotel /Motel Fund Beginning Fund Balance 80,000 19,000 Hotel /Motel Tax 467,089 512,000 380,000 Investment Interest 10,280 8,000 1,000 477,369 600,000 400,000 120 CenterPlace Operating Reserve Beginning Fund Balance 338,566 330,000 347,000 Investment Interest 8,228 10,000 3,000 346,794 340,000 350,000 121 Service Level Stabilization Reserve Beginning Fund Balance 5,242,901 5,300,000 5,350,000 Investment Interest 127,078 100,000 50,000 5,369,979 5,400,000 5,400,000 122 Winter Weather Reserve Beginning Fund Balance Investment Interest 123 City Facilities Repair & Replacement Beginning Fund Balance 355,000 825,000 Investment Interest 9,726 5,000 8,000 Interfund Transfer 397,000 407,000 407,000 406,726 767,000 1,240,000 26 561,429 500,000 500,000 13,608 - 5,000 575,037 500,000 505,000 Other Fund Revenues Other Fund Revenues 204 Debt Service - LTGO 03 Beginning Fund Balance Facilities District Revenue and Special Capital Projects City of Spokane Valley 2010 Budget Detail Revenues by Type 2008 2010 Actual 2009 Proposed Budget Budget Budget 412,520 185,127 597,647 440,000 440,000 210,000 210,000 650,000 650,000 301 Capital Proiects Fund Beginning Fund Balance 4,447,597 4,948,000 1,553,000 REET 1 - 1st .25 Percent 1,001,137 1,000,000 380,000 Investment Interest 101,533 - 15,000 5,550,267 5,948,000 1,948,000 302 Special Capital Proiects Fund Beginning Fund Balance 5,136,460 1,880,000 230,000 REET 2 - 2nd .25 Percent 985,625 1,000,000 380,000 Investment Interest 114,264 100,000 2,000 6,236,349 2,980,000 612,000 303 Street Capital Projects Beginning Fund Balance (120,260) - Developer Contributions 815,635 200,000 Grant Proceeds 2,224,276 8,803,000 7,779,000 Transfer from Block Grant - 300,000 300,000 Transfer from Capital Projects Fund 1,798,448 3,956,000 1,843,000 Transfer from General Fund 50,000 50,000 Transfer from Arterial Street Fund 591,000 Transfer from Stormwater Management Fund 219,748 200,000 200,000 Transfer from Street Fund - Transfer from Special Capital Projects 811,197 2,875,000 200,000 5,799,044 16,725,000 10,572,000 304 Mirabeau Project Beginning Fund Balance 396,511 360,000 Investment Interest 8,859 10,000 405.370 370,000 306 CD Block Grant Fund Beginning Fund Balance CDBG Grant Proceeds 300,000 300.000 300,000 300,000 307 Capital Grants Fund Beginning Fund Balance (17,365) - Capital Grant Proceeds 6,071,579 1,098,000 1,749,000 Transfer from Streets & Paths 12,187 - Transfers from Arterial Street Fund 316,821 Transfers from Special Capital Projects Fund 396,197 - 68,000 Transfers from Capital Projects Fund - 475,000 Miscellaneous /Private Development 500 - 648,000 6,779,919 1,573,000 2,465,000 27 Other Fund Revenues 309 Parks Capital Proiects Beginning Balance Investment Interest State Rec & Conservation Grant Rev Transfer from Parks General Fund Transfer from Capital Projects Fund Transfer from Special Capital Projects Fund Transfer from the General Fund 402 Stormwater Management Fund Beginning Fund Balance Spokane County Reimbursment State Grants Stormwater Management Fee Investment Interest All Other Funds Total Revenues City of Spokane Valley 2010 Budget Detail Revenues by Type 2008 2010 Actual 2009 Proposed Budget Budget Budget 308 Barker Bridge Reconstruction - Fed Grant Private Development - 58,000 Federal Grant Proceeds 1,988,235 5,165,000 1,470,000 Transfer from Special Capital Projects Fund 14,099 812,000 239,000 2,002,334 5,977,000 1,767,000 1,346,036 550,000 518,000 15,416 5,000 1,453, 059 200,000 109,317 1,106,254 600,000 134,654 20,000 70,000 97,000 4,184,736 1,220,000 820,000 310 Civic Facilities Capital Proiects Beginning Balance 5,782,478 5,800,000 5,770,000 Investment Interest 138,410 57,000 Transfer from General Fund - - 5,920,888 5,800,000 5,827,000 2,721,432 1,800,000 2,771,015 25,495 1,686, 936 1,600, 000 1,600, 000 51,820 40,000 27,000 4,485,683 3,440,000 4,398,015 501 Equipment Rental & Replacement Fund Beginning Fund Balance 867,845 700,000 900,000 Investment Interest 32,960 30,000 9,000 Transfer from General Fund 50,000 10,000 Vehicle Purchase Transfers - - 900,805 780,000 919,000 502 Risk Management Fund Beginning Fund Balance 15,434 30,000 28,000 Investment Interest 349 - Employment Security Transfers - 8,000 8,000 Transfer from General Fund 188,000 192,000 222,000 203,783 230,000 258,000 Total Revenue & Beginning Fund Balance 57,242,537 61,626,000 45,838,065 28 50,473,089 49,288,955 54,540,850 107.715,626 110.914.955 100378.915 City of Spokane Valley 2010 Budget Expenditures by Department General Fund Legislative Branch $ 322,120 Legislative & Executive Services 1,063,842 Public Safety 22,062,268 Operations & Administrative Deputy City Manager 620,574 Finance 1,023,373 Human Resources 248,435 Public Works 893,793 Planning & Community Development Admin 323,205 Planning 1,124,206 Building 1,313,320 Development Engineering 791,719 Library - Parks & Recreation Administration & Maintenance 987,556 Recreation 237,846 Aquatics 422,550 Senior Center 85,503 CenterPlace 1,192,578 General Government 21,827,963 Total General Fund 54,540,850 Other Funds 101 Street Fund 7,399,050 102 Arterial Street Fund 103 Trails and Paths Fund 8,000 105 Hotel /Motel Fund 400,000 120 CenterPlace Operating Reserve Fund 350,000 121 Service Level Stablization Fund 5,400,000 122 Winter Weather Reserve Fund 505,000 123 Civic Facility Replacement Fund 1,240,000 204 Debt Service - LTGO 03 650,000 301 Capital Projects Fund 1,948,000 302 Special Capital Projects Fund 612,000 303 Street Capitial Projects Fund 10,572,000 304 Mirabeau Point Capital Projects Fund 306 CD Block Grant Fund 300,000 307 Capital Grants Fund 2,465,000 308 Barker Bridge - Federal Grant Fund 1,767,000 309 Parks Capital Projects Fund 820,000 310 Civic Buildings Capital Projects Fund 5,827,000 402 Stormwater Management Fund 4,398,015 501 Equipment Rental & Replacement 919,000 502 Risk Management Fund 258,000 Total All Funds $ 100,378,915 29 City of Spokane Valley 2010 Budget General Fund Expenditures by Department by Type Wages & Capital Benefits Supplies Services Intergovernmental Interfund Expenditures Total General Fund Legislative Branch $ 126,978 $ 19,500 $ 175,642 $ $ $ $ 322,120 Legislative & Executive 922,152 17,400 124,290 - 1,063,842 Public Safety - 22,062,268 22,062,268 Operations & Administrative Deputy City Manager 547,874 6,000 66,700 - - 620,574 Finance 966,473 11,000 45,900 1,023,373 Human Resources 180,835 3,500 64,100 248,435 Public Works 696,230 50,988 146,575 - 893,793 Planning & Community Development Admin 282,145 4,100 21,960 15,000 323,205 Planning 799,406 10,200 239,600 75.000 - 1,124,206 Building 1,100,070 39,000 98,650 65,000 10.600 1,313,320 Development Engineering 668,219 8,000 70,500 45,000 - 791,719 Library - Parks & Recreation Parks Administration 180,704 62,000 731,652 10,000 3,200 987,556 Recreation 132,452 11,490 86,352 - 7,552 - 237,846 Aquatics - 500 422,050 - 422,550 Senior Center 69,903 6,600 9,000 - 85,503 CenterPlace 358.575 90,540 389,463 - 354,000 1,192,578 General Government - 111,500 581,500 977,800 20,157,163 21,827,963 Total General Fund $ 7,032,015 $ 452,318 $ 3,273,934 30 23,250,068 $ 20,532,515 $ $ 54,540,850 General Government.. 40.0% City of Spokane Valley 2010 General Fund Expenditures by Dept 54,540,850 Legislative Branch Parks & Recreation 5.4% Planning & Community Development 6.5% 31 Public Works 1.6% Legislative & Executive Semites 2.0% Operations & Administrative Services 3.5% Public Safety 40.5% Interfund Payments 37.6% Intergovernmental Payments 42.6% City of Spokane Valley 2010 General Fund Expenditures by Type $54,540,850 32 Wages & Benefits 12.9% Supplies .8% Services 6% Fund: 001 Dept: 011 General Fund Legislative Branch Spokane Valley 2010 Budget 011 - Legislative Branch This department accounts for the cost of providing effective elected representation of the citizenry in the governing body. The Council makes policy decisions for the City and is accountable to Spokane Valley citizens by making decisions regarding how resources are allocated, the appropriate levels of service, and establishing goals and policies for the organization. Accomplishments for 2009 • Continue monitoring significant wastewater issues. including governance of wastewater facilities, enhanced citizen awareness of options for the future and pursuit of the most efficient and economical use of allowed wastewater discharges. Goal Accomplished: Council and staff continued collaboration with discharger stakeholder groups, environmentalists and regulatory agencies including meetings with the Director of Washington Department of Ecology. The City provided legislative support amending DOE rules expanding the life span from 10 to 20 years for A Mitigation Implementation Plan (MIP) associated with an acceptable Total Maximum Daily Load ruling. Department of Ecology has renewed a public comment period on their proposal prior to issuance of a discharge permit. City staff also served on the County's Design /Build /Operate vendor selection committee. • Explore further funding sources for City Center that builds upon the City's initial investment in a City Hall to spur further private investment in the development of a mixed used City Center. Goal Accomplished: The Office of City Attomey has consulted with Bond Counsel and others to determine legal options available for funding a new City Center, as well as purchase of land for a new City Hall. Purchase and Sales Agreement negotiations continue regarding which party will assume various development costs. • Identify performance measures for the Police Department and monitor progress in their attainment. Goal Accomplished Underway: The ICMA Consulting final report will suggest performance measures for Council and stakeholder consideration in July 2009. Upon adoption of chosen performance measures, implementation and monitoring will begin. • Implement and evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by the City Council. Goal Accomplishment Commencing October 1: The Council adopted the SARP sub -area plan on June 16, 2009 and created the opportunity for evaluation of the regulation after the October 1 implementation date. • Evaluate the availability, costs and effects of private sector vendors performing winter road maintenance for the City. Goal Accomplishment Underway: Substantial effort has been invested to develop a short-term and a long -term strategy for providing winter road services subsequent to notification by Spokane County that the winter roads contract terminates on October 15, 2009. Council receives extensive progress reports every two weeks. And, we await County agreement to commence negotiations of a one -year contract extension should alternative approaches not materialize prior to the winter of 2009/2010. • Implement records indexing and phase in a document imaging system City department by City department with the goal of achieving city -wide implementation in 2010. Goal Substantially Accomplished: Implementation of the records indexing system via Laserfiche document imaging system has been initiated. Many of the record series from the City Clerk's Office, Finance Department and Public Works Department have been digitized and indexed. 33 Fund: 001 Dept: 011 General Fund Legislative Branch Spokane Valley 2010 Budget 011 - Legislative Branch Goals for 2010 • Continue monitoring wastewater Issues including governance of wastewater facilities, and pursuit of the most efficient and economical methods to ensure the continuation of wastewater discharges licenses. • Implement records indexing and phase in a document Imaging system City department by City department with the goal of achieving city-wide implementation in 2010. • Implement and Evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by City Council. • Develop a Shoreline Master Program to provide appropriate regulatory protection for waters of statewide significance as required by state statute. • Pursue a legislative capital budget request for state funding for the acquisition of parkland adjacent to the Park Street Pool. • Develop and implement a multi -vear winter roads maintenance plan including availability, costs and effects of private sector vendors performing winter road maintenance for the City. • Pursue state funding of a demonstration project that constructs a city hall in accordance with "living building" standards. Budget Summary 2008 2009 2010 Actual Budget Budget Personnel - FTE Equivalents Mayor 1.0 1.0 1.0 Council 6_0 6.0 6.0 Total FTEs 7.0 7.0 7.0 Budget Detail Salaries, Wages, & Benefits $ 109,977 $ 126,978 $ 126,978 Supplies 14353 19,000 19,500 Services & Charges 137,450 184,922 175,642 Interfund Charges - - - Total Legislative Branch $ 261,780 $ 330,900 $ 322,120 34 Fund: 001 Dept 013 General Fund Executive & Legislative Support Spokane Valley 2010 Budget 013 - Executive & Legislative Support This department Is accountable to the City Council for the operational results of the organization, effective support of elected officials in achieving their goals; fulfillment of the statutory requirements of the City Manager, implementation of City Council policies, and provision of a communication linkage between citizens, the City Council, City departments, and other govemment agencies. Accomplishments for 2009 • Continue monitoring significant wastewater Issues, Including govemance of wastewater facilities, enhanced citizen awareness of options for the future and pursuit of the most efficient and economical use of allowed wastewater discharges. Goal Accomplished: Council and staff continued collaboration with discharger stakeholder groups, environmentalists and regulatory agencies including meetings with the Director of Washington Department of Ecology. The City provided legislative support amending DOE rules expanding the life span from 10 to 20 years forA Mitigation Implementation Plan (MIP) associated with an acceptable Total Maximum Daily Load ruling. Department of Ecology has renewed a public comment period on their proposal prior to issuance of a discharge permit. City staff also served on the County's Design /Build/Operate vendor selection committee. • Explore further funding sources for City Center that builds upon the City's initial Investment in a City Hall to spur further private investment In the development of a mixed used City Center. Goal Accomplished: The Office of City Attomey has consulted with Bond Counsel and others to determine legal options available for funding a new City Center, as well as purchase of land for a new City Hall. Purchase and Sales Agreement negotiations continue regarding which party will assume various development costs. • Identify performance measures for the Police Department and monitor progress In their attainment. Goal Accomplished Underway: The ICMA Consulting final report will suggest performance measures for Council and stakeholder consideration in July 2009. Upon adoption of chosen performance measures, implementation and monitoring will begin. • Implement and evaluate regulations specified In the Sprague /Appleway Revitalization Plan as adopted and amended by the City Council. Goal Accomplishment Commencing October 1: The Council adopted the SARP sub -area plan on June 16, 2009 and created the opportunity for evaluation of the regulation after the October 1 implementation date. • Evaluate the availability, costs and effects of private sector vendors performing winter road maintenance for the City. Goal Accomplishment Underway: Substantial effort has been Invested to develop a short-term and a long -term strategy for providing winter road services subsequent to notification by Spokane County that the winter roads contract terminates on October 15, 2009. Council receives extensive progress reports every two weeks. And, we await County agreement to commence negotiations of a one -year contract extension should alternative approaches not materialize prior to the winter of 2009/2010. • Implement records Indexing and phase In a document Imaging system City department by City department with the goal of achieving city-wide Implementation In 2010. Goal Substantially Accomplished: Implementation of the records Indexing system via Laserfiche document imaging system has been initiated. Many of the record series from the City Clerk's Office, Finance Department and Public Works Department have been digitized and Indexed. 35 Fund: 001 Dept 013 General Fund Executive & Legislative Support Spokane Valley 2010 Budget 013 - Executive & Legislative Support Goals for 2010 • Continue monitoring wastewater Issues including governance of wastewater facilities, and pursuit of the most efficient and economical methods to ensure the continuation of wastewater discharges licenses. • Implement records Indexing and phase in a document imaging systemCity department by City department with the goal of achieving city-wide Implementation in 2010. • Implement and Evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by City Council. • Develop a Shoreline Master Program to provide appropriate regulatory protection for waters of statewide significance as required by state statute. • Pursue a legislative capital budget request for state funding for the acquisition of parkland adjacent to the Park Street Pool. • Develop and implement a multi -year winter roads maintenance plan including availability, costs and effects of private sector vendors performing winter road maintenance for the City. • Pursue state funding of a demonstration project that constructs a city hall in accordance with "living building" standards. Personnel - FTE Equivalents City Manager City Attorney City Clerk Deputy City Attorney Deputy City Clerk Administrative Assistant - Legal Administrative Assistant (CC) Administrative Assistant (CM) Total FTEs Budget Summary 2008 2009 2010 Actual Budget Budget 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 8.0 8.0 8.0 Interns 3.0 3.5 3.5 J3udaet Detail ( *1 Salaries, Wages, & Benefits $ 765,390 $ 891,331 $ 922,152 Supplies 16,504 18,600 17,400 Services & Charges 101,406 123,390 124,290 Capital Outlay - - Interfund Charges - Total Executive & Legislative Support $ 883,300 $ 1,033,321 $ 1,063,842 36 Fund: 001 Dept: 016 General Fund Public Safety City of Spokane Valley 2010 Budget 016 - Public Safety The Public Safety department budget provides funds for the protection of persons and property in the city. The City contracts with Spokane County for law enforcement, district court, prosecutor services, public defender services, probation services, jail and animal control services. See following page for detail information on each budgeted section. Judicial System - The Spokane County District Court is contracted to provide municipal court services. The contract provides for the services of judge and court commissioner with related support staff. Budgeted amount also includes jury management fees. Budgeted contract amount: $ 2,023,386 Law Enforcement - The Spokane County Sheriffs Office is responsible for maintaining law and order and providing police services to the community under the direction of the Police Chief. The office provides for the preservation of life, protection of property, and reduction of crime. Budgeted contract amount: $ 17,487,843 Jail System - Spokane County provides jail and probation services for persons sentenced by any City of Spokane Valley Municipal Court Judge for violating laws of the city or state. Budgeted contract amount: $ 900,000 Animal Control - Spokane County will provide animal control services to include licensing, care and treatment of lost or stray animals, and response to potentially dangerous animal confrontations. Budgeted contract amount: $ 350,920 Fines & Forfeitures State Remittance Budgeted contract amount: $ 900,000 Communications Budgeted contract amount: $ 320,119 Interfund Transfers Budgeted contract amount: $ 80,000 Total $ 22,062,268 37 City of Spokane Valley 2010 Budget 016 - Public Safety 2008 2009 2010 Actual Budget Budget Judicial System: District Court Contract 748,327 787,200 982,937 Jury Management Contract 5,000 - Intergovernmental Payments 75,000 - - PublicDefenderContract 337,309 351,500 468,172 Prosecutor Contract 358,525 374,900 503,152 Pretrial Services Contract 42,959 47,400 69,125 Subtotal Judicial System 1,562,120 1,566,000 2,023,386 Law Enforcement System: Sheriff Contract 13,906,413 17,054,909 16,261,741 Emergency Management Contract 85,291 121,900 101,402 Wages & Benefits 2,634 Operating Supplies 3,153 5,000 Repair & Manit. Supplies 3,951 5,000 Gas, Oil, & Tires 4,805 - Small Tools & Minor Equipment 6,861 2,000 Electricity /Gas 30,899 32,000 Water 2,241 2,400 Sewer 691 800 Waste Disposal 2,651 - 2,800 Copier Maintenance 500 500 Law Enf. Bldg Maintenance Contract 45,988 120,000 74,200 Miscellaneous Services 76,601 5,000 1,000,000 Subtotal Law Enforcement System: 14,172,179 17,302,309 17,487,843 Jail System: Jail Contract 360,701 404,200 400,000 Jail - Geiger Corrections Center 262,464 278,200 500,000 Subtotal Jail System: 623,165 682,400 900,000 Other: Capital Outlays /Communications 166,816 176,800 320,119 Fines & Forfeitures State Remittance 877,833 700,000 900,000 Animal Control Contract 332,839 333,575 350,920 Building Replacement Costs - 80,000 80,000 IF Transfer:Civic Facil. Replacemnt FD 80,000 - - Subtotal Other: 1,457,488 1,290,375 1,651,039 Total Public Safety 17,814,952 38 20,841,084 22,062,268 18,000,000 16,000,000 14,000,000 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 City of Spokane Valley , 11 rl R. .rincfar r_nnfrart FYnwnrliturP_s District Court Public Prosecutor Pretrial Sheriff Emergency Law Enf. Bldg Jail Contract Animal Contract Defender Contract Services Contract Management Maintenance Control Contract Contract Contract Contract Contract 39 Fund: 001 Dept: 018 General Fund Operations & Administrative Services Spokane Valley 2010 Budget 018 - Operations & Administrative Services The Operations & Administrative Services Department is composed of three divisions, the Deputy City Manager Division, the Finance Division, and the Human Resources Division. As of 2007, the Legal Division costs will be included in the Executive and Legislative Support Division. 013 - Deputy City Manager Division The Deputy City Manager (DCM) supervises the Operations & Administrative Services Department, assists the City Manager in organizing and directing the other operations of the City and assumes the duties of the City Manager in his/her absence. Accomplishments for 2009 • Implemented and monitored City-wide performance measures in the Business Plan • Evaluated service options and assessed current services we derive under contract with Spokane County • Used audit program to identify cost inaccuracies and insufficient cost control in service contracts • Utilized 2009 community survey to improve public information process • Completed design phase of the Human Resources Intranet to provide information support to City employees to 'Go Live' in 2010 • Completed Comcast cable franchise negotiations Goals for 2010 • Implement findings of the service options analysis conducted in 2009 • Define and formalize contracting guidelines • Draft and implement a comprehensive Public Information Plan • Develop Human Resources intranet to provide information support to City employees Budget Summary 2008 2009 2010 Actual Budget Budget Personnel - FTE Equivalents Deputy City Manager 1.0 1.0 1.0 Senior Administrative Analyst 1.0 1.0 1.0 Public Information Officer 1.0 1.0 1.0 Administrative Analyst 1.0 1.0 1.0 Administrative Assistant 2.0 2.0 2.0 Office Assistant I 1.0 1.0 1.0 Office Assistant II 1_0 1.0 1.0 Total FTEs 8.0 8.0 8.0 Budget Detail Salaries, Wages, & Benefits $ 427,348 $ 579,020 $ 547,874 Supplies 3,380 5,700 •6,000 Services & Charges 13,116 76,700 66,700 Capital Outlay - - - Interfund Charges 4,084 Total Deputy City Manager Division $ 447,928 , $ 661,420 , $ 620,574 40 Fund: 001 Dept: 018 General Fund Operations & Administrative Services Spokane Valley 2010 Budget 014 - Finance Division The Finance Division provides financial management services for all City departments. Programs include accounting and reporting, payroll, accounts payable, purchasing, budgeting and financial planning, treasury, information technology and investments. The division is also responsible for generating and analyzing data related to the City's operations. The department prepares monthly, quarterly, and annual financial reports and budgets to ensure compliance with state laws. Accomplishments for 2009 • Implemented telephone utility tax • Reviewed City 2003 bond sale for Internal Revenue Service arbitrage compliance • Implemented Washington Cities Insurance Authority recommendations • Made significant improvements to the project accounting system • Implemented several suggestions made by State Auditors Office • Enhanced telephone system with additional lines /numbers • Converted tape drive computer backup to a data replication system which swaps data to /from CenterPlace • Acquired /installed Government Accounting Standards Board software for annual report preparation Goals for 2010 • Implement additional State Auditor suggestions • Consider Washington Cities Insurance Authority suggestions • Improve financial statement process and accuracy • Consider enhanced accounts receivable system to include code enforcement liens attached to county parcels Budget Summary 2008 2009 2010 Actual Budget Budget Personnel - FTE Equivalents Finance & Admin Services Director 1.0 1.0 1.0 Financial Report Specialist 0.0 1.0 1.0 Accounting Manager 1.0 1,0 1.0 Accountant/Budget Analyst 3.0 3.0 3.0 Accounting Technician 1.0 1.0 3.0 IT Specialist 2.0 2.0 2.0 GIS /Database Administrator 1.0 1.0 1.0 Total FTEs 9.0 10.0 12.0 Intern 1.0 1.0 1.0 Budget Detail Salaries, Wages, & Benefits $ 620,637 $ 833,937 $ 966,473 Supplies 7,881 7,000 11,000 Services& Charges 25,665 37,500 45,900 Capital Outlay - Interfund Charges Total Finance Division $ 654,183 $ 878 437 $ 1,023 373 41 Fund: 001 Dept: 018 General Fund Operations & Administrative Services Spokane Valley 2010 Budget 016 - Human Resources Division Human Resources (HR) is administered through the Deputy City Manager (DCM). The HR operation provides services in compensation, benefits, training and organizational development, staffing, employee relations, and communications. Accomplishments for 2009 • Expanded Employee Orientation and Training Program o Developed processes that improve employee access to information by updating the City's Internet site o Enhanced use of Eden applicant tracking modules o Enhanced Employee Recognition Program Goals for 2010 o Implement HR section of City Intranet • Collective Bargaining Agreement o Develop and implement Employee Training Guidelines Budget Summary Personnel - FTE Equivalents Human Resource Manager Human Resources Technician 2010 2008 2009 Proposed Actual Budget Budget 1.0 1.0 1.0 1.0 1.0 1_0 2.0 2.0 2.0 Total FTEs Budget Detail Salaries, Wages, & Benefits $ 121,794 $ 162,985 $ 180,835 Supplies 3,043 3,500 3,500 Services & Charges 38,120 69,800 64,100 Capital Outlay Interfund Charges Total Human Resources Division $ 162,957 $ 236,285 $ 248,435 42 Fund: 001 Dept: 032 General Fund Public Works Spokane Valley 2010 Budget 032 - Public Works The Public Works Department provides overall planning and oversight of public works projects in the City of Spokane Valley. The department provides engineering plan review, inspection, coordination of major public works capita improvement projects, long -range transportation planning and neighborhood traffic management. The Public Works Street Maintenance Section is responsible for maintenance of streets. Accomplishments for 2009 • Worked with County and DOE regarding the Wastewater Treatment Facility and TMDL. • Designed and constructed funded capital projects. • Worked with Project Team on City Center Implementation. • Completed City Hall facility program & site design, services and City Center design concept. Personnel - FTE Equivalents Public Works Director Administrative Assistant Senior Engineer (CIP) Senior Engineer Assistant Engineer (CIP) Limited Term Construction Inspector- Bridge Construction Inspector (ROW) Engineering Technician I Engineering Technician 11 Total FTEs Goals for 2010 • Work with the County and DOE on next phase of Wastewater & TMDL. • Implement data base program to track capital projects information and implement Eden Capital Project module to track project budgets. • Implement approved capital projects. • Continue development and implementation of Capital Projects Database it coordination with Fiance Budget Summary 2010 2008 2009 Proposed Actual Budget Budget 1.0 1.0 1.0 2.0 2.0 2.0 1.0 1.0 1.0 2.0 2.0 2.0 1.0 1.0 1.0 0.0 1.0 1.0 1.0 0.0 0.0 1.0 1.0 1.0 2.0 2.0 2.0 11.0 11.0 11.0 Budget Detail Salaries, Wages, & Benefits $ 517,634 $ 626,765 $ 696,230 Supplies 33548 46,308 50,988 Services & Charges 216,728 140,875 146,575 Intergovernmental Payments - - - Capital Outlay 3,120 - Interfund Charges - Total Public Works $ 767 709 $ 817 068 $ 893,793 43 Fund: 001 Dept: 058 General Fund Community Development - Administrative Spokane Valley 2010 Budget Personnel - FTE Equivalents Community Development Director Administrative Assistant Office Assistant I Administrative Division The Planning and Community Development Department provides overall management and oversight to development services, including current and long -range planning, coordination of regional environmental issues, building permitting and inspections, and code enforcement. The Permit Center provides coordinated, one -stop administration of all development permits. Code compliance is responsible for the enforcement of zoning regulations and nuisance abatement. Accomplishments for 2009 • Provided administrative support for Planning Commission and Staff in recommendation of the Sprague Appleway Plan by formatting and mailing staff reports, responding to public comments, preparing minutes, keeping website up to date, etc... • Provided administrative support for Planning Commission and recommended changes to the Spokane Valley Comprehensive Plan and Spokane Valley Municipal Code by formatting and mailing staff reports, preparing agendas and minutes, keeping website up to date. • Completed Office Assistant Procedure manuals • Archived files from basement storage rooms Goals for 2010 • Continue to provide department wide training to facilitate teamwork and efficiency. • Provide staff support to the Planning Commission. • Prepare a file archive plan and train staff to archive electronic and paper files to meet City specifications. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 Total FTEs 3.0 3.0 3.0 Budget Detail Salaries, Wages, & Benefits 255,545 298,924 282,145 Supplies 6,144 4,160 4,100 Services & Charges 21,985 13,200 21,960 Intergovernmental Payments 13,847 15,000 15,000 Capital Outlay - - Interfund Charges - - Total Building Division i $ 297,521 $ 331,284 $ 323,205 * Department total is correct. Due to implementing new divisions in 2009, actual 2008 amounts were distributed based on the same % as 2010 budget estimates. 44 Fund: 001 Dept: 058 &059 General Fund Community Development - Planning Division Spokane Valley 2010 Budget Community Development planning Division The Planning Division is responsible for providing professional policy guidance on land use issues to the City Council and Planning Commission. Planning staff participate at a regional level on issues such as annexations, growth targets, water quality, etc. It is also responsible for processing land use permits, reviewing enviromentally sensitive areas administering the State Enviromental Protection Act and reviewing home occupation licenses. Accomplishments for 2009 • Facilitated adoption of the Sprague /Appleway Plan. • Coordinated Planning for City Center including the Purchase and Sale Agreement for City Hall. • Selected consultant for preparation of a City Center Planned Action Ordinance. • Facilitated adoption of Comprehensive Plan Updates through Planning Commission and City Council. • Prepared 4 -5 amendments to the Spokane Valley Municipal Code. • Participated in regional discussions regarding Urban Growth Area Boundaries (UGA) boundaries in Spokane County. • Administered the county grant for study of the UGA's. • Initiated the Planned Action Ordinance for the City Center • Selected the consultant and started the Shoreline Master Program • Completed major updates to the Airport Overlay and Subdivision Regulations • Processed plats and rezones through the Hearing Examiner process. • Coordinated Planning Commission training Goals for 2010 • Work on implementation of the Sprague /Appleway Plan per City Council direction. • Complete the Planned Action Ordinance for the City Center. • Work with regional staff on Urban Growth Area Boundaries and complete Joint Planning Agreements. • Complete the Shoreline Master Program update. • Prepare sustainability goal, policies and related regulations as directed by Council. • Complete the annexation process forms for the City of Spokane Valley. • Select consultant to perform Shoreline Master Program inventory depending on funding available. 45 Fund: 001 Dept: 0588059 General Fund Community Development - Planning Division Spokane Valley 2010 Budget Community Development Services - Planning Division Budget Summary 2010 * 2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Senior Planner 1.0 2.0 2.0 Planning Manager 1.0 1.0 1.0 Associate Planner 1.0 2.0 2.0 Assistant Planner 1.0 3.0 3.0 Planning Technician 1.0 1.0 1.0 Total FTEs 5.0 9.0 9.0 Budget Detail Salaries, Wages, & Benefits $ 689,612 $ 754,093 $ 799,406 Supplies 12,288 12,050 10,200 Services & Charges 228,646 221,000 239,600 Intergovernmental Services 74,000 75,000 75,000 Capital Outlay - Interfund Charges Total Planning Division $ 1,004,546 $ 1,062,143 $ 1,124,206 'Department total is correct. Due to implementing new divisions in 2009, actual 2008 amounts were distributed based on the same % as 2010 budget estimates. 46 Fund: 001 Dept: 058 General Fund Community Development - Building Division Spokane Valley 2010 Budget Community Develooment 059 - Building Division The Building Division implements the Washington State Building Code. It is responsible for ensuring that buildings and structures comply with adopted building code standards through professional plan review and inspection services. The Permit Center receives applications and coordinates the review and processing of permits. Code compliance staff enforce zoning and building regulations on a complaint- driven basis. Accomplishments for 2009 • Prepared a clearview triangle compliance program. • Issued building permits for commercial projects including: Rite -Aid, 1 -90 Self Storage Hampton Inn, Spokane Valley Ear, Nose and Throat, Appleway Apartment! • Started Clearview Triangle Compliance Program • Cross - trained staff for code compliance and right -of -way inspector back -up • Completed first major court ordered abatement • Worked with water districts on cross - connection control agreements. • Completed updates of informational handouts Goals for 2010 • Work to finalize cross connection control inter -local agreements and implementation • Develop a permit timeline report that can be published on the City's website • Review and adopt the State Building Code • Complete internal procedures manual • Further implementation of Clearview Triangle Compliance. Personnel - FTE Equivalents Building Official Building Inspector 11 Code Enforcement Officer BP Construction Inspector Senior Permit Specialist Permit Specialist Senior Plans Examiner Plans Examiner MainVConst Inspector (ROW) Office Assistant 11 Total FTEs Budget Detail Salaries, Wages, & Benefits Supplies Services & Charges Intergovernmental Payments Capital Outlay Interfund Charges Budget Summary Total Building Division $ 1 205 159 2010 2008 2009 Proposed Actual Budget Budget 1.0 1.0 1.0 3.0 4.0 4.0 2.0 2.0 2.0 2.0 1.0 1.0 1.0 1.0 1.0 3.0 2.0 2.0 1.0 1.0 1.0 0.0 0.75 0.75 0.0 1.0 1.0 0.0 1.0 1.0 13.0 14.75 14.75 $ 998,838 12,288 118,720 64,000 11,313 $ 1,059,588 28,675 96,950 65,000 75,000 $ 1,100,070 39,000 98,650 65,000 10.600 $ 1 325 213 $ 1.313,320 Department total is correct. Due to Implementing new divisions In 2009, actual 2008 amounts were distributed based on the same % as 2010 budget estimates. 47 Fund: 001 Dept: 058 General Fund Community Development - Dev. Engineering Spokane Valley 2010 Budget Community Development Engineering Division Development Engineering provides the review and inspection for stormwater, access management and other public works improvements in development applications and provide policy recommendations for public works issues. Accomplishments for 2009 • Coordinated driveway approach plan review and inspection with the Building Division • Coordinated the City's application for stimulus Energy Grant Funds • Facilitated adoption of the Stormwater Manual through Planning Commission and City Council. • Facilitated adoption of Street Standards through Planning Commission and City Council. Goals for 2010 • Complete sidewalk priority plan • Cross train within division to increase knowledge base and provide better staff coverage. • Implement the public education piece by adopting new street standards. Budget Summary 2010 * 2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Senior Engineer 1.0 1.0 1.0 Engineer 3.0 1.5 1.5 Assistant Engineer 2.0 1.0 1.0 Engineering Technician 2.0 2.5 2.5 Construction Inspector 0.0 1.0 1.0 Office Assistant I 3.0 1_0 1.0 Total FTEs 11.0 8.00 8.00 Budget Detail Salaries, Wages, & Benefits $ 497,511 $ 661,299 $ 668,219 Supplies 30,719 8,800 8,000 Services & Charges 70,353 155,100 70,500 Intergovernmental Payments 44,000 45,000 45,000 Capital Outlay Interfund Charges Total Building Division $ 642,582 $ 870,199 $ 791,719 Department total is correct. Due to implementing new divisions in 2009, actual 2008 amounts were distributed based on the same % as 2010 budget estimates. 48 Fund: 001 Dept: 076 General Fund Parks & Recreation Spokane Valley 2010 Budget 076 - Parks & Recreation The Parks and Recreation Department is composed of five divisions, the Administration and Park Maintenance Division, Recreation, Aquatics, Senior Center, and the CenterPlace Division. The overall goal of the department is to provide quality recreation programs and acquisition, renovation, development, operation, and maintenance of parks and recreation facilities. 000 - Parks Administration & Maintenance Division, The Administration Division provides direction and leadership for the Parks and Recreation Department in implementing the goals and objectives of the City Council and facilitates the general upkeep of parks and public areas of the City. Accomplishments for 2009 • Began construction of Discovery Playground. • Completed design for Greenacres Park. • Celebrated Arbor Day. • Completed renovation of Valley Mission Park. Goals for 2010 • Complete construction of Discovery Playground. • Complete construction of Greenacres Park. • Construct new picnic shelter at Terrace View Park. • Acquire Park Road Property. • Purchase new software for customer reservation /payment database and complete training of staff. Budget Summary Personnel - FTE Equivalents Parks & Recreation Director Administrative Assistant 2010 *2008 2009 Proposed Actual Budget Budget 1.0 1.0 1.0 1.0 1.0 1.0 Total FTEs 2.0 2.0 2.0 Budget Detail Salaries, Wages, & Benefits $ 193,727 $ 178,212 $ 180,704 Supplies 4,790 30,315 62,000 Services & Charges 638,644 736,706 731,652 Intergovernmental Services 11,353 10,000 10,000 Capital Outlay - 1,700 - Interfund Charges 110,401 3,200 Total Parks Administration $ 958,915 $ 956,933 $ 987,556 • Department total is correct. Actual 2008 salaries were distributed based on 2010 employee allocation 49 Fund: 001 Dept: 076 General Fund Parks & Recreation Spokane Valley 2010 Budget 301 - Recreation Division The Recreation Division coordinates and facilitates the delivery of recreation programs and services throughout the City and the City's park system. Accomplishments for 2009 • Changed format of Recreation Seasonal Program Brochure • Established consistent guidelines for contract recreation program instructors • Hosted the Washington Recreation and Parks Association Conference in April • Added Card Making workshops for adults • Hosted new Environmental Special Event "Spring into Action" At Mirabeau Park • Hosted new Special Event Haunted House at Valley Mission Pool Goals for 2010 • Provide Recreation Programs for a variety of ages • Research creating a recreational tennis program • Partner with surrounding school districts to promote student volunteerism with our department • Expand program marketing Budget Summary 2010 *2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Recreation Coordinator 1.0 1.0 1.0 Budget Detail Salaries, Wages, & Benefits $ 105,366 $ 143,908 $ 132,452 Supplies 5,524 9,940 11,490 Services & Charges 44,212 76,818 86,352 Interfund Charges 5,953 1,521 7,552 Capital Outlay - - Total Recreation Division $ 161,055 $ 232,187 $ 237,846 Department total Is correct. Actual 2008 salaries were distributed based on 2010 employee allocation 50 Fund: 001 Dept: 076 General Fund Parks & Recreation Spokane Valley 2010 Budget 302 - Aquatics Division The City of Spokane Valley owns three pools: Park Road Pool, Terrace View Pool, and Valley Mission Pool. Services include open swim, swim lessons, swim team and facility rentals. In addition, the City leases a portion of Valley Mission Park to Splashdown Inc. for a water park. The City currently is contracting with the YMCA for all aquatic activities within the City. The YMCA provides the lifeguards and maintains the pools during the season. Accomplishments for 2009 • Re- opened all 3 pools with new amenities with Grand Re- Opening Celebrations • Added noon time lap swim at Park Road Goals for 2010 • Look into other recreational opportunities at the pools Budget Detail Supplies Services & Charges Intergovernmental Services Total Aquatics Division Budget Summary 2010 2008 2009 Proposed Actual Budget Budget $ 17,434 $ - $ 500 279,724 403,616 422,050 $ 297,159 $ 403,616 $ 422,550 ' Department total is correct. Actual 2008 salaries were distributed based on 2010 employee allocation 51 Fund: 001 Dept: 076 General Fund Parks & Recreation Spokane Valley 2010 Budget 304 - Senior Center Division The City of Spokane Valley Parks and Recreation Department assumed operational control of the Valley Senior Center in 2003. Accomplishments for 2009 • Enhance evening and weekend activities that will appeal to the 50+ population. • Focus programming on changing shift in life styles of seniors for future programming. • Provide programming that emcompasses multiple dimensions of health and wellness. Goals for 2010 • Continue to provide and enhance resource and referral information for seniors in the community. • Expand the use of the Wellness Center to include such programs as Aging and Long -Term Care of Eastern Washington (ALTCEW) SHIBA (Senior Health Insurance Benefits Advisors) Program. • Continue to be a host agency for WSU Nursing students who offer health screenings. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Senior Center Supervisor 1.0 1.0 1.0 Budget Detail Salaries, Wages, & Benefits $ 60531 $ 70,989 $ 69,903 Supplies 7,731 6,650 6,600 Services & Charges 8,162 15,905 9,000 Capital Outlay - 650 Total Senior Center Division $ 76,424 $ 94,194 $ 85,503 • Department total is correct. Actual 2008 salaries were distributed based on 2010 employee allocation 52 Fund: 001 Dept: 076 General Fund Parks & Recreation Spokane Valley 2010 Budget 305 - CenterPlace Division Construction of Mirabeau Point CenterPlace began in late 2003, and was completed mid -year 2005. The project represents the culmination of eight years of planning and fundraising by Mirabeau Point Inc. and the joint involvement of the City and Spokane County. The approximately 54,000 square foot facility houses the City of Spokane Valley Senior Center, a great room (banquet facility), numerous meeting rooms, multi - purpose rooms, and a high tech lecture hall. The facility combines with Mirabeau Meadows Parks and Mirabeau Springs to form a regional focal point for Northeast Washington and Northern Idaho. Accomplishments for 2009 • Electronic marquees were installed in the lobby to display events, CCS classes, Senior Center and recreation activities, and to market CenterPlace. • The CenterPlace logo was registered and Regional Event Center added to the name. • Entered into a nonexclusive Food Services contact with Beacon Hill catering in order to become full service for our corporate customers. • Developed relationship with Spokane Regional Convention and Visitors Bureau and local hotels and motels to assist in meeting tourism objectives. Goal for 2010 • Create an updated marketing plan for the next five years. This marketing plan will help create name recognition for CenterPlace and develop more corporate reservations. Budget Summary 2010 "2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Customer Relations/Facilities Coordinator 1.0 1.0 1.0 Administrative Assistant 2.0 2.0 2.0 Custodian 0.0 0.0 2.0 Maintenance Worker 2_0 2.0 2.0 Total FTEs 5.0 5.0 7.0 Budget Detail Salaries, Wages, & Benefits $ 257,053 $ 355,641 $ 358,575 Supplies 62,650 76,293 90,540 Services & Charges 345,636 303,176 389,463 Interfund Charges 351,944 390,000 354,000 Total CenterPlace Division $ 1,017,283 $ 1,125,110 $ 1,192,578 • Department total is correct. Actual 2008 salaries were distributed based on 2010 employee allocation 53 Fund: 001 Dept: 090 General Fund General Government Spokane Wiley 2010 Budget 090 - General Government The General Government Department comprises activities that encompass services to multiple departments. Included in this department are the costs of City Hall and related utilities, management information services, insurance costs, miscellaneous city intergovernmental costs and capital equipment costs that benefit more than one department, and outside agency funding. Outside agencies provide needed public services an behalf of the City. The outside agencies must provide an annual report of how the money was spent. Budget Summary 2008 2009 2010 Actual Budget Budget Budget Detail General Citywide Costs Accounting & Audit Services $ 87,964 $ 130,000 $ 130,000 Advertising 20,137 50,000 30,000 Business Registrations 1,317 8,000 5,000 Copier 18,289 27,000 40,000 Economic Development- Site Selector 20,306 - 15,000 Election Costs 118,000 80,000 Employee Recognition Safety & Bicycle Safety 4,262 10,000 10,000 Equiment Repair & Maintenance 3,305 - 5,000 Gas, Oil, & Tires 2,210 4,000 General Operating Leases: Computers 13,287 - 33,000 IT Support - Network 73,246 102,000 100,000 Miscellaneous 9,833 29,000 20,000 Office and Operating Supplies 14,125 - 15,000 Office Supplies 6,808 11,000 11,000 Other Governmental Services 126 - Postage 15,226 - 18,000 Printing and Binding 7,296 5,000 7,500 Registrations 390 - Small Tools and Minor Equipment 62,689 38,000 60,000 Software Licenses and Maintenance 2,055 47,000 44,500 Student Advisory Council - 1,000 - Telephone /DSL Charges 42,830 28,000 45,000 Vehicle Rental 3,907 - 10,000 Vehicle Replace & Purchase Misc Gen Gov 19,702 - - Web Site Services - 20,000 10,000 Interfund Interfund Risk Management Payment 188,000 230,000 275,000 Interfund Loan to Street Fund (winter weather reserve) - 500,000 - Interfund Transfer to Street Capital 50,000 - - Interfund Transfer to Parks Capital Fund 20,000 - - Facilities Facility Repairs & Maintenance 926 5,000 5,000 Computer Software/Hardware 341,507 123,000 100,000 Computer Software/Hardware Replacement 20,326 - - Office Furniture & Equipment 113,529 25,000 Energy Conservation Improvement 111,350 ADA Inventory 50,000 City Hall Leasing Costs: City Hall Rent 428,691 450,000 462,000 Leasehold Improvements 7,115 - 12,000 54 Fund: 001 Dept: 090 General Fund General Govemment Spokane Valley 2010 Budget 090 - General Government Budget Summary - continued Outside Services Alcohol Treatment 25,504 21,000 26,000 City Economic Development - 10,000 10,000 Community Survey 14,083 - 10,000 Memberships - SRTC 34,300 43,000 34,300 Records Management 14,307 400,000 300,000 Requests from Outside Agencies - Economic Development 94,000 115,000 80,000 Requests from Outside Agencies -Scdal Services 31,333 41,000 62,500 Spokane County Air Pollution Authority 117,469 124,000 120,000 Voter Registrations 131,021 91,000 60,000 Contingency & Reserves Reserve for Revenue Adjustments - 270,000 192,000 Estimated Ending Fund Balance 12,116,644 13,224,561 18,599,813 Transfer - Capital Projects 123,000 100,000 Operating Loan- Street Fund 1,175,000 - Contingency - 500,000 500,000 $ 14,178,065 $ 18,069561 $ 21827963 55 Fund: 101 Dept: 042 Street Fund Spokane Valley 2010 Budget 101 - Street Fund The Street Operating Program is established to provide efficient and safe movement of both motorized and non - motorized vehicles, as well as pedestrians within the limits of the City, and coordinate convenient interconnect to the regional transportation system. The transportation networks, under this program, are designed, constructed, and maintained to improve the quality of life while providing the efficient movement of commerce. Accomplishments for 2009 • Updated the 2008 Street Master Plan. • Optimized traffic signals on selected corridors. • Transitioned from Spokane County to private contractors for snow removal. • Ongoing development of a long range plan for managing street maintenance, street sweeping and landscaping services. • Applied for grants and worked with various schools to install flashing beacons at crosswalks. • Located facility for storage of material and equipment for street maintenance. Goals for 2010 • Update the 2008 Street Master Plan. • Optimize traffic signals on selected corridors . • Apply for grants and work with various schools to install flashing beacons at crosswalks. • Renew Contracts with private contractors for street maintenance services. • Develop and implement a Bridge Maintenance program. Budget Summary Personnel - FTE Equivalents Senior Engineer - Traffic 1.0 1.0 1.0 Public Works Superintendent 1.0 1.0 1.0 Maintenance /Construction Inspector 1.0 1.0 1.0 Assistant Engineer - Traffic/Planning 1.0 2.0 2.0 Senior Engineer (Planning /Grants) 0_4 0_0 0_0 Total FTEs 4.4 5.0 5.0 Budget Detail Salaries, Wages, & Benefits $ 338,101 $ 413,112 $ 455,868 Supplies 63,493 52,784 69,200 Services & Charges 1,725 221 1,880,383 3,670,792 Capital Outlay 24,690 40,000 762,050 Intergovernmental Payments 194,046 1,777,317 947,000 Interfund Charges and End Fund Bal 2,958,517 3,228,404 1,494,140 Total Street Fund $ 5,304,068 * $ 7,392,000 $ 7,399,050 Ending fund balance was added to this page. 56 2010 2008 2009 Proposed Actual Budget Budget Fund: 102 Dept: 041 Arterial Street Fund Spokane Valley 2010 Budget 102 - Arterial Street Fund The Arterial Street Fund accounts for the receipt and expenditure of the State - Levied Motor Vehicle Fuel Tax distributed to the City in accordance with State RCW 82.36.020. These revenues will be transferred to the Street Capital Projects Fund for the construction. Budget Detail Transfer to Street Capital Projects Transfer to Capital Grants Fund Investment Interest Improvements to Arterials Total Arterial Street Fund Budget Summary 2010 2008 2009 Proposed Actual Budget Budget 16,431 591,000 $ 16,431 $ 591,000 $ Fund: 103 Dept: 103 Trails & Paths Fund Spokane Valley 2010 Budget 103 - Trails & Paths Fund The Trails & Paths Fund accounts for the receipt and expenditure of the State - Levied Motor Vehicle Fuel Tax distributed to the City in accordance with State RCW 47.30.050. These revenues originate from .42% of Motor Vehicle Fuel Tax attributable to Street Maintenance. These funds are restricted for constructing new trails and paths throughout the City. Expenditures of $8,000 are budgeted for this fund in 2010 $8,000 57 Fund: 105 Dept: 105 Hotel /Motel Fund Spokane Valley 2010 Budget 105 - Hotel /Motel Fund The Hotel /Motel Fund accounts for the receipt and expenditure of a special excise tax of two percent on the sale or charge made for the furnishing of lodging under RCW 82.08. These funds will be used solely for the purpose of paying all or any part of the cost of tourist promotion, acquisition or operation of tourism - related facilities, and marketing of special events and festivals designed to attract tourists. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail Tourism Promotion $ 483,506 $ 510,000 $ 380,000 Interfund Transfers 90,000 20,000 Total Hotel /Motel Fund $ 483,506 $ 600,000 $ 400,000 58 Fund: 120 Dept: 120 CenterPlace Operating Reserve Fund Spokane Valley 2010 Budget 120 - CenterPlace Operating Reserve Fund The CenterPlace Operating Reserve Fund was established to provide an emergency revenue source for the recently completed facility. Budget Summary 2009 2008 Amended 2010 Actual Budget Budget Budget Detail Reserve for CenterPlace Operations $ 8,228 $ 340,000 $ 350,000 Fund: 121 Dept 121 Service Level Stabilization Reserve Fund Spokane Valley 2010 Budget 121 - Service Level Stabilization Reserve Fund The Service Level Stabilization Reserve Fund was established to provide an emergency revenue source to maintain service levels in the event of a downturn in the local economy. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail Reserve For Service Level Stabilization $ 127,078 $ 5,400,000 $ 5,400,000 59 Fund: 122 Dept: 122 Winter Weather Reserve Fund Spokane Valley 2010 Budget 122 - Winter Weather Reserve Fund The Winter Weather Reserve Fund was established to provide emergency services during an unusually harsh winter. Loan from General Fund, repaid from Street Fund. Budget Detail Reserve for Winter Weather Budget Summary 2010 2008 2009 Proposed Actual Budget Budget $ 430,000 $ 500,000 $ 505,000 Fund: 123 Dept: 122 Civic Facility Replacement Fund Spokane Valley 2010 Budget 123 - Civic Facility Replacement Fund This fund was created to collect dollars for the eventual replacement of CenterPlace and the Police Precinct Building on E. Sprague. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail Reserve for Facility Replacement $ $ 767,000 $ 1,240,000 60 Fund: 204 Dept: 204 Limited Tax General Obligation - Debt Service Fund Spokane Valley 2010 Budget 204 - Limited Tax General Obligation - Debt Service Fund The LTGO - Debt Service Fund collects and distributes monies received and paid for long -term debt obligations. Revenue to this fund consists of money received from the Public Facility District and City revenue, which will be used to pay annual debt obligations on outstanding bonds. Budget Detail Debt Service on Mirabeau Bonds Debt Service on Street Bonds Total Debt Service Fund Budget Summary 2008 2009 Actual Budget 2010 Proposed Budget $ 412,520 $ 450,000 $ 440,000 185,127 200,000 210,000 $ 597,647 $ 650,000 $ 650,000 61 Fund: 301/302 Capital Projects & Special Capital Projects Funds Spokane Valley 2010 Budget 3011302 - Capital Projects & Special Capital Proiects Funds These funds account for the collection and expenditure of the real estate excise tax levied on all sales of real estate. The tax is levied in two phases of a quarter of a percent each. The first quarter percent of the real estate excise tax (REET 1) must be spent on capital improvements identified in a capital improvements plan. This REET 1 tax is accounted for in the Capital Projects Fund 301. The second quarter percent (REET 2) may only be levied by cities that are planning under the Growth Management Act. These funds must be used for a capital project. The REET 2 tax is accounted for in the Special Capital Projects Fund 302. Revenues accumulated in these funds will be used as matching funds for construction projects and will be transferred to other Capital Project Funds. Budget Summary 301 - Capital Projects Fund 2010 2008 2009 Proposed Actual Budget Budget Transfer to Capital Grants Projects (303) $ 1,001,137 $ 3,956,000 $ 1,843,000 Transfer to Debt Service (204) 101,533 105,000 105,000 Transfer to Parks (309) 600,000 Transfer to Capital Grants (307) 475,000 Transfer to Barker Bridge Fund (308) 812,000 Total Capital Projects Fund $ 1,102,670 $ 5,948,000 $ 1,948,000 302 - Special Capital Projects Fund Transfer to Capital Grants Fund (307) $ - $ $ 68,000 Transfer to Barker Bridge Fund - 239,000 Transfer to Street Capital Projects (303) 985,625 2,875,000 200,000 Transfer to Debt Service (204) 114,264 105,000 105,000 Total Special Capital Projects Fund $ 1,099,889 $ 2,980,000 $ 612,000 62 Fund: 303 Street Capital Projects Fund Spokane Valley 2010 Budget 303 - Street Capital Prolects Fund The Street Capital Projects Fund accounts for monies used to finance the 6 -year Transportation Improvement Plan. Revenues are transfers from the Capital Projects Fund, Special Capital Projects Fund, and the Stormwater Fund. Expenditures are often for matching funds for Transportation Improvement Board and other grants. Budget Summary 2008 Actual Budget Detail Road Design & Construction Projects 16th Avenue - Project 2 Appleway- University- Evergreen Argonne Road -190 to Trent Broadway - Fancher Broadway Avenue Safety Project Pines- Park Broadway /Sullivan Intersection PCC Evergreen /Sprague Intersection PCC Evergreen Road Indiana /Sullivan Intersection PCC Indiana Avenue Extension - 3600' e/o Sullivan Misc. Road Preservation Projects Park Road - #2 (PE Only) - Broadway to Indiana Pines /Mansfield, Wilbur Rd. to Pines Pines /Sprague Intersection PCC Sprague Resurface - E'green to Sull. ADA Sprague Resurfacing /University - Evergreen Sprague /Conklin Signal Sprague /McDonald PCCP Intersection Sullivan Road (PE Only) Sullivan /Sprague PCC WSDOT Urban Ramp Projects 26,945 Road Preservation Projects Other Preservation Projects 505,627 Euclid Avenue Rehab - Sullivan Rd to Flora Rd Dishman-Mlca Rd Rehab - 16th Ave to City Limits 32nd Ave Rehab - University Rd to Pines Rd Contingency Road Paveback (Septic Elimination) 24th Avenue - Sullivan to 22nd 1,050,911 Broadway Ave. - Repaving at Lowes Electric Railroad Grandview Acres Parks Road Trentwood Vera Terrace Veradale Heights Misc. Road Paveback Projects 1,030,717 $ 2,895 $ 6,083 608,000 19,562 2009 Budget 937,000 933,000 1,133,000 1,342,000 3,558 18,230 - 861,000 300,000 1,293,000 500,000 1,500,000 2010 Proposed Budget 576,000 834,000 1,230,000 1,342,000 1,874,000 352,000 246,000 3,041,226 3,368,000 19,818 742,000 2,856,000 1,944,000 298,000 1,678,000 250,000 300,000 Total Street Capital Projects Fund $ 5,725,572 $ 16,725,000 $ 10,572,000 63 Fund: 304 Dept: 304 Mirabeau Point Capital Project Fund Spokane Valley 2010 Budget 304 - Mirabeau Point Capital Proiect Fund Mirabeau Point is a multi -use regional project located at 2426 Discovery Place which will be operated by the City. The bond sale proceeds were spent in 2003, 2004, and 2005. CenterPlace provides space for a Conference Center Wing, Senior Center Wing and a Great Room Wing. The portion of CenterPlace used for the Conference Center Wing and Great Room Wing is being developed as a "regional facility" as defined in RCW 36.100 and 35.57.020. Budaet Summary 2009 2008 Amended 2010 Actual Budget Budget Budget Detail Transfer to Civic Facility Replacement Fund $ $ 370,000 $ Reserve for Replacement Construction in Progress Total Mirabeau Point Project Fund $ $ 370,000 $ Fund: 306 Dept: 306 CD Block Grant Fund Spokane Valley 2010 Budget 306 - CD Block Grant Fund Budaet Summary Budget Detail Transfer to Street Capital Projects (303) $ Transfer to Capital Grant Fund Total CD Block Grant Fund $ 2010 2008 2009 Proposed Actual Budget Budget $ 300,000 $ 300,000 $ 300,000 $ 300,000 64 Fund: 307 Dept: 307 . Capital Grants Fund Spokane Valley 2010 Budget 307 - Caultal Grants Fund The Capital Grants Fund accounts for capital Improvement projects funded partially by grant proceeds from other govemmental agencies, such as TIB, STA, STP, and CDBG. Revenues to this fund are from grant proceeds and transfers from other special revenue funds. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail 44th Ave Pathway: Woodruff Rd. to Sands Rd. $ 21,495 $ 328,000 $ 8th Avenue - Farr Road to University Road - - - 8th Avenue - Havana to Park Road - - Appleway Blvd - Tschirley Road to Hodges 4,970,634 - - Appleway /Sprague/Dishman ITS 190 - Dishman -066 32,577 124,000 Argonne Road Overlay - Indiana to Montgomery 548 - Barker Road - Boone to Spokane River - - Broadway Ave. Rehab - Bates to Sullivan - Broadway Ave. Rehab - Fancher-Theirman-066 - - - Broadway Avenue Inlay: 1 -90 EB Ramps to Park Rd. 551,785 - Broadway Fancher PCC -067 58,160 761,000 Broadway - Moore to Flora 83,992 60,000 2,465,000 Contingency 30,510 300,000 - Dishman Mica Rehab - 1st Ave to Sprague - - - Montgomery Avenue Inlay 2: Argonne to University - - - Park Road - Bridging the Valley - Park Road - Project 2: Broadway to Indiana 354 - Park Road - Project 3: Sprague to Broadway - Signal Controller Upgrades (SRTC 06-22) 179,142 Sprague Ave ADA 4,232 - Sprague /Bowdish PCC Intersection 846,030 - Sullivan Road PCC: Mission to 1 -90 EB Ramps 414 Sullivan Road West Bridge - @ Spokane River - Transfer to the Street Bond Fund - - University Road Inlay 1: Dishman -Mica to 15th Ave. - University Road Inlay 2: 15th Avenue to 4th Avenue - Valley Corridor Project- Environmental Study Valley Corridor, Project #2 Total Capital Grants Fund S 6,779,873 S11 573,000 $ 2.465,000 Fund: 308 Dept: 308 Barker Bridge - Federal Grant Fund Spokane Valley 2010 Budget 308 - Barker Bridge - Federal Grant Fund The Barker Bridge - Federal Grant Fund was created to account for the revenues and expenditures associated with the Barker Road Bridge Replacement Project. This project is fully funded by BRAC grant proceeds and will cost approximately $8,000,000 over the course of the next few years. Budget Detail Barker Road Bridge Reconstruction pudaet Summary 2010 2008 2009 Proposed Actual Budget Budget $ 2 002 335 $ 5,977 000 $ 1,767,000 65 Fund: 309 Dept: 309 Parks Capital Projects Fund Spokane Valley 2010 Budget 309 - Parks Capital Proiects Fund The Parks Capital Projects Fund is an allocated reserve of monies specifically designated for the Parks and Recreation Capital improvements. Swimming Pools Various Improvements Greenacres Valley Mission Park Discovery (Universal) Park Total Parks Capital Project Fund Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail Park Land Acquisition $ $ $ 225,000 Terrace View Shelter 80,000 Greenacres 300,000 Contingency 15,000 2,600,531 555,000 103,517 115,000 200,000 108,993 150,000 25,463 200,000 200,000 2,838,504 1,220,000 820,000 Fund: 310 Dept: 310 Civic Facilities Capital Projects Fund Spokane Valley 2010 Budget 310 -Civic Facilities Capital Projects Fund The Civic Buildings Capital Projects Fund is an allocated reserve of monies specifically designated for future construction of Civic Facilities. Budget Summary 2009 2008 Amended 2010 Actual Budget Budget Total Civic Buildings Capital Fund $ 128,771 $ 5,800,000 $ 5,827,000 66 Fund: 402 Dept: 402 Stormwater Management Fund Spokane Valley 2010 Budget 402 - Stormwater Management Fund The Stormwater Management fund accounts for receipt and expenditure of the Stormwater fee. This fee is levied on an annual basis based upon a number of equivalent residential units attached to the parcel. The expenditures are used for stormwater construction and management through both the Street Department and Spokane County. Accomplishments for 2009 • Completed Inventory of all city -owned drywells and SW facilities. • Hired a SW Engineer • Evaluated IDDE Ordinance and recommended code change to comply with Ecology SW Permit • Completed stormwater tax rolls, registered new drywells, created SW Hotline, brochures for swimming pool discharges, and created a mascot (Stormdrain Dan). • Developed a long -range stormwater plan for completion in 2013. Goals for 2010 • Continue work on the (NPDES) Phase II Stormwater Permit (completion in 2012). • Continue work on the DOE Underground Injection Control Program (completion in 2013). • Determine location and purchase property for a treatment facility for the discharging of vactoring liquids. • Complete stormwater assessment rolls, update the commercial impervious surfaces map, look at • Renew contracts with private contractors for stormwater maintenance services. fee update. • Develop criteria to assess city -owned UIC wells for retrofit or abandonment. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Personnel - FTE Equivalents Engineer 1.0 1.0 1.0 Engineering Technician 1.0 1.0 1.0 Assistant Engineer 1.0 1.0 1.0 Maintenance /Construction Inspector 1_0 1_0 1_0 Total FTEs 4.0 4.0 4.0 Budget Detail Salaries, Wages, & Benefits $ 240,130 $ 360,317 $ 402,590 Supplies 29,330 25,980 29,980 Services & Charges 862,802 1,040,259 1,498,405 Intergovernmental Services 27,692 46,640 46,640 Capital Outlays 19,724 393,075 403,600 Interfund Transfers & Ending Balance 2 381 157 1,573 729 2 016,800 Total Stormwater Fund $ 3,560,835 $ 3,440,000 $ 4,398,015 67 Fund: 501 Equipment Rental & Replacement Fund Spokane Valley 2010 Budget 501 - Equipment Rental & Replacement Fund The Equipment Rental & Replacement Fund (ER &R) accounts for the cost of maintaining and replacing City vehicles and equipment for all City departments. The ER &R fund is an Internal Service fund. The fund accumulates the resources for vehicle and equipment replacements in the fund. The funds or departments using the vehicle or equipment pay the scheduled replacement fee. Replacement funds are being collected on the telephone system, computer network system, desktop computers, and vehicles. Maintenance and service charges for copiers, telephones, and the internet are also charged to funds through this department. The fund also finances and administers a fleet of pool cars for use by City departments Goals for 2010 • Combine this fund in the General Fund with funding intact. Budget Summary 2010 2008 2009 Proposed Actual Budget Budget Budget Detail Computer replacement lease $ - $ $ 35,000 Software /Hardware replacement 20,121 37,000 Vehicle Replacement 22,000 All other 780,000 825,000 Total ER &R Fund $ 20,121 $ 780,000 $ 919,000 68 Fund: 502 Dept: 502 Risk Management Fund Spokane Valley 2010 Budget 502 - Risk Management Fund The City of Spokane Valley Risk Management Fund is established to account for insurance costs, claims settlement and administration of a Risk Management Safety Program. This fund also accounts for the funding of unemployment claims through the State of Washington. Accomplishment for 2009 • Continued to administer and refine the risk management internal service fund accounting system. Budget Detail Services & Charges Budget Summary 2010 2008 2009 Proposed Actual Budget Budget $ 188,349 $ 230,000 $ 258,000 Total Risk Management Fund $ 188,349 $ 230,000 $ 258,000 69 Department Capital Outlay Descdptlon City of Spokane Valley Capital Expenditures for 2010 City Funds $ 77,000 167,000 50,000 883,000 34,000 40,000 100,000 164,000 275,000 50,000 203,000 50,000 200,000 50000 200,000 1,843,000 200,000 68.000 68,000 239,000 239.000 82,000 15,000 105,000 105,000 97,000 105,000 105,000 303 Street Capital Fund OS Road Deslon 8 CanstmcAOn Prelecta 0060 Argonne Road -190 to Trent $ 576,000 0083 Broadway Avenue Salary Projed $ 834,000 0065 Sprague/Sullivan Intesection PCC $ 1,678,000 0069 Park Road -12 (PE Only) - Broadway to Indiana $ 246,000 0070 Sullivan Road (PE Only) $ 298,000 0112 Indiana Avenue Extension - 3600' e/o Sullivan $ 1,874,000 0113 Indiana /Sullivan Intersection PCC $ 1,342,000 0114 Broadway/Sulllvan Intersection PCC $ 1,230,000 0115 Sprague Resurface - E'green to Sull. ADA $ 1,944,000 Misc. Road Preservation Projects $ - Contingency $ 250,000 Road Paveback (Septic Tank Elimination Program) STEP Pavebadt (s) $ 300,000 303 Street Capital Fund Subtotal $ 10,572.000 307 Capital Grants Fund Road Design a Construction Prolectg 0088 Broadway Avenue 180 ft E. of Moore to Flora $ 2,465,000 307 Capital Grants Fund Subtotal $ 2,465,000 308 Barker Bridge - Fed Grant Fund 0003 Barker Road Bridge Reconstruction 308 Barker Bridge - Fed Grant Fund 310 Civic Building Capital Projects Fadll0es 310 Civic Building Capital Projects Total Capital Expenditures 102 001 402 Arterial 301 302 Project General Stormwater Street Real Estate Real Estate Expenses 2010 Fund Fund Fund Excise Tax 1 Excise Tax 2 $ 1,767,000 $ 1,767,000 204 Debt Service $ 210000 $ 210,000 309 Parks Capital Projects Park Land Acquisition $ 225,000 Discovery (Universal) Park $ 200,000 Terrace View Shelter $ 80,000 Greenacres $ 300,000 Contingency $ 15,000 309 Parks Capital Projects $ 820,000 $ 5,827,000 $ 5,627,000 $ 21,661,000 $ 147,000 $ 200,000 $ - $ 1,948 000 $ 612,000 70 American Recovery Surface and Congestion Transportatio Reinvesbne Management Developer Spokane Pr ivate/ Transit contrtbuti City of Spokane Valley Capital Expenditures for 2010 306 Federal Bridge Greenacra Replacement a State AP TB: UCP t0ru WSDOT Grant 309 Parks Capital 310 Civic Facilities $ 1,215,000 $1 944 000 $ 499,000 $ 2,044,000 $ 906 000 $ 300,000 $ 567,000 53,159 000 $ 1,470,000 $ 200,000 9 523,000 5 5,927,000 71 Grants City Funds 745,000 212,000 258.000 1,944,000 $ 499,000 1,067,000 977,000 200,000 300,000 667.000 1,410,000 1215,000 1.944,000 499,000 2,044,000 200,000 300,000 667,000 1,410.0001 - - - - 646,000 1,749,000 - - - - 648,000 - - 1,749,000 - - - - 58,000 1.470,000 - - - - 58,000 - - - 1,470,000 - - - 200,000 225,000 200,000 80,000 18,000 - - _ - - - 200,000 523,000 - 5,627,000 - - - - - - 5,827,000 American Recovery Surface and Congestion Transportatio Reinvesbne Management Developer Spokane Pr ivate/ Transit contrtbuti City of Spokane Valley Capital Expenditures for 2010 306 Federal Bridge Greenacra Replacement a State AP TB: UCP t0ru WSDOT Grant 309 Parks Capital 310 Civic Facilities $ 1,215,000 $1 944 000 $ 499,000 $ 2,044,000 $ 906 000 $ 300,000 $ 567,000 53,159 000 $ 1,470,000 $ 200,000 9 523,000 5 5,927,000 71 ACCOUNTANT /BUDGET ANALYST ACCOUNTING MANAGER ACCOUNTING TECHNICIAN 3.0 1.0 3.0 ADMINISTRATIVE ANALYST ADMINISTRATIVE ASSISTANT ASSISTANT ENGINEER 3.0 1.0 2.0 0.0 0.0 2.0 1.0 1.0 ASSISTANT PLANNER ASSOCIATE PLANNER - CURRENT ASSOCIATE PLANNER - LONG -TERM BUILDING INSPECTOR I BUILDING INSPECTOR II BUILDING OFFICIAL CITY ATTORNEY CITY CLERK CITY MANAGER 1.0 1.0 1.0 CODE ENFORCEMENT OFFICER COMMUNITY DEVELOPMENT DIRECTOR CONSTRUCTION INSPECTOR 1.0 1.0 CUSTODIAN CUSTOMER RELATIONS/FACILITIES COORDINATOR DEPUTY CITY ATTORNEY 1.0 DEPUTY CITY CLERK DEPUTY CITY MANAGER ENGINEER 1.0 1.0 0.0 ENGINEERING TECHNICIAN I ENGINEERING TECHNICIAN II FINANCE DIRECTOR 1.0 2.0 1.0 GIS /DATABASE ADMINISTRATOR HUMAN RESOURCE MANAGER HUMAN RESOURCE TECHNICIAN 1.0 1.0 1.0 IT SPECIALIST MAINTENANCE WORKER MAINTENANCE /CONSTRUCTION INSPECTOR 2 . 0 0.0 OFFICE ASSISTANT I OFFICE ASSISTANT II PARKS 8 RECREATION DIRECTOR 1.0 1.0 1.0 PERMIT SPECIALIST PLANNING MANAGER PLANNING TECHNICIAN PLANS EXAMINER PUBLIC INFORMATION OFFICER PUBLIC WORKS DIRECTOR 1.0 1.0 PUBLIC WORKS SUPERINTENDENT RECREATION COORDINATOR SENIOR ADMINISTRATIVE ANALYST 1.0 SENIOR CENTER SPECIALIST SENIOR ENGINEER SENIOR ENGINEER - Traffic, CIP Planning/Grants/Prot Mgmt 1.0 2.0 SENIOR PERMIT SPECIALIST SENIOR PLANNER SENIOR PLANS EXAMINER • SENIOR FINANCIAL SPECIALIST 1.0 TOTALS 8.0 8.0 12.0 2.0 11.0 3.0 Title & range may change Position Listing City of Spokane Valley 2010 Budgeted Position 72 c F .e Q S et c P �b a m Position Listing City of Spokane Valley 2010 Budgeted Position o �m 73 3.0 1.0 3.0 1.0 0.0 0.0 1.0 2.0 11.0 1.0 2.0 1.0 5.0 3.0 3.0 2.0 2.0 0.0 0.0 4.0 4.0 1.0 1.0 1.0 1.0 1.0 2.0 2.0 1.0 1.0 1.0 3.0 2.0 2.0 1.0 1.0 1.0 1.0 1.0 1.5 1.0 2.5 2.5 4.5 1.0 2.0 1.0 1.0 1.0 1.0 2.0 2.0 2.0 1.0 1.0 1.0 3.0 1.0 3.0 1.0 2.0 1.0 1.0 2.0 2.0 1.0 1.0 1.0 1.0 0.75 0.75 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 1.0 2.0 1.0 3.0 1.0 1.0 2.0 2.0 1.0 1.0 1.0 9.0 14.76 8.00 2.0 1.0 1.0 7.0 6.0 4.0 95.75 S et c P �b a m Position Listing City of Spokane Valley 2010 Budgeted Position o �m 73 City of Spokane Valley FTE Count by Year 2010 Budget 2009 2010 Budget 2010 Budget Authorized Changes to Proposed Interns Department FTEs FTEs FTEs for 2010 Executive & Legislative Support City Manager 5.0 5.0 1.5 Legal 3.0 3.0 3.0 Operations & Administrative Services: - Deputy City Manager 8.0 - 8.0 - Finance 10.0 2.0 12.0 1.0 Human Resources 2.0 2.0 - Public Works 11.0 11.0 Planning & Community Development: 34.75 34.75 Parks & Recreation: Parks Admin 2.0 2.0 - Recreation 1.0 1.0 - Senior Center 1.0 1.0 1.0 CenterPlace 7.0 7.0 - Street Fund 5.0 5.0 - Stormwater Fund 4.0 4.0 2.0 TOTAL 93.75 2.00 95.75 8.50 74 2009 Work Force Comparison: The 15 Washington Communities with Population of 50,000 & Over CITY POPULATION FULL -TIME PART -TIME Seattle 592,800 10,419 894 Tacoma 202,700 3,717 67 Spokane 204,400 1,974 5 Bellevue 119,200 1,294 47 Everett 102,300 1,148 17 Vancouver 162,400 1,079 40 Bellingham 75,750 792 38 Kent 86,980 781 40 Renton 78,780 718 23 Yakima 84,300 695 15 Kennewick 65,860 354 8 Federal Way 88,040 318 25 Lakewood 58,780 269 8 Shoreline 53,440 124 7 Spokane Valley 88,920 94 19 AVERAGE 1,585 84 The 18 Washington Communities with Population of 30,000- 49,999 Redmond 51,320 620 31 Olympia 44,800 517 38 Richland 46,080 476 29 Auburn 67,005 458 6 Kirkland 48,410 438 34 Bremerton 36,860 367 28 Lynnwood 35,680 364 18 Longview 35,880 294 47 Puyallup 36,930 284 25 Pasco 52,290 276 8 Bothell 32,860 271 12 Walla Walla 31,350 270 8 Edmonds 40,760 258 6 Marysville 37,060 254 12 Lacey 38,040 244 7 Sammamish 40,550 73 6 University Place 31,440 61 4 Burien 31,540 49 10 AVERAGE 310 18 Source: Association of Washington Cities Survey: 2009 Full Time 7/30/2009 75 COMMUNITY PROFILE AND HISTORY "You cannot look to the future if you do not know the past." On May 21, 2002, voters within the City approved incorporation of the City of Spokane Valley, which is the second largest city in the County and the seventh largest city in the State, with approximately 88,920 residents. The City incorporated as of March 31, 2003. The assessed valuation of real property within the boundaries of the City for taxation purposes is estimated for 2009 tax collection to be approximately $7,066,796,275. Spokane Valley encompasses approximately 38.2 square miles of land area. It has an extensive retail tax base and is home to several major auto dealerships and the Spokane Valley Mall, which includes over 700,000 square feet of gross leasable floor area. There are an estimated 4,000 businesses in Spokane Valley with estimated retail sales of $1.9 billion. The first permanent settler in the Spokane Valley was Antoine Plante, a retired French- Canadian trapper. Mr. Plante built a cabin near the Spokane River in 1849, from which he operated a small Hudson's Bay Company trading post. Other settlers began arriving in this area between 1865 and 1882. "Firsts" to occur in Spokane Valley include the first settler in 1849, first business and ferry in 1850, the first store and bridge in 1862, the first house in 1866, and the first post office in 1867. All of these "firsts" occurred before the arrival in 1873 of James Glover who was considered the "Father of Spokane." In 1883, the Northern Pacific Railroad opened the west up with the transcontinental railroad. The new railroad, coupled with the discovery of silver in north Idaho, created an influx of people to the Spokane Valley area. Within a few years the Spokane area was connected to the rest of the country by five transcontinental railroads. The next major innovation to Spokane Valley was the introduction of irrigation to the area. Within 20 years 30,000 acres of dry land had been converted into fertile farm land. The first irrigation systems were constructed between 1899 and 1905. The Valley population grew from 1,000 residents at the tum of the century to nearly 10,000 by 1922. During this time apple growing became the predominant agricultural crop with nearly 2 million apple trees being planted by 1912. As the population of the Valley increased, small communities with churches, schools, businesses, community clubs, and other organizations thrived. 76 Prior to World War II, the federal government made a decision to build an aluminum plant in Spokane Valley along the Spokane River. Additionally, the federal government identified a need for warehouse space and facilities to support coastal activities during the war. In 1942, Spokane Valley was chosen as a site for one of theses Inland Supply Depots. The Naval Storage Yards are now the Valley Industrial Park that has 5,000,000 square feet of gross leasable floor area. Rapid growth continued in Spokane Valley throughout the 1950s, 60s, and 70s. Along with this continued growth came concerns regarding the impact of the development on the Valley environment. Citizens' concerns were related to impacts to lakes in the area as well as the aquifer underlying a majority of the Spokane Valley. No protections were put into place to address these issues; sanitary sewers were not required for new construction. Steady residential and commercial growth continued in the Spokane Valley throughout the 80s and 90s. High tech companies followed Hewlett Packard into the Liberty Lake area. Later, some high tech companies moved into the Industrial Park. The State Board of Health threatened to enact a moratorium on new development in 1983, unless sewering of the Valley began. In response, Spokane County developed a wastewater management plan that put into motion construction of a sewer trunk line and a sanitary sewer system was made available to the citizens of Spokane Valley. MAJOR PUBLIC FACILITIES AND PARKS IN SPOKANE VALLEY There are public facilities and a number of parks in the City of Spokane Valley. The Spokane Indians, a minor league baseball team, plays its home games at Avista Stadium, located just inside the city limits on the east side of Havana Street. This stadium is one of the finest facilities in the Northwest League and can seat 7,200 spectators. Situated next door to Avista Stadium is the Spokane County Fair and Exposition Center. The Fairgrounds was expanded in 2003 with the construction of a new covered grandstand that was opened at the 2003 Interstate Fair. Various other shows and events are held throughout the year at the Fairgrounds. Mirabeau Point Park, situated on 54.5 acres of land, located between Pines Road and Evergreen Road interchanges (north of I -90), along the south bank of the Spokane River, is the home of CenterPlace. CenterPlace, a 54,000 square foot facility, was built to accommodate a regional senior center, education and business center, and a cultural and performing arts center. Mirabeau Meadows is a 15 -acre parcel of land providing another area for community activities, such as family get - togethers and games, outdoor music, corporate outings, farmers markets, arts and crafts, and other special events in Mirabeau Point Park. Valleyfest, an annual community event that is sponsored by individuals and businesses in our City, was held in this park in 2004. 77 Park Name Park Classification Park She Balfour Community Park 2.8 acres Brown's Community Park 8.2 acres Castle Community Park 2.7 acres Edgecliff Community Park 4.8 acres Mirabeau Point Park Community/Regional Park 54.5 acres Myrtle Point Natural Area 31.0 acres Park Road Pool Special Use 2.0 acres Sullivan Community Park 10.3 acres Terrace View Community Park 9.1 acres Valley Mission and Valley Mission South & Pool Community Park 27.2 acres Valley Senior Center Special Use 2.0 acres Centennial Trail Trail 7 linear miles The City of Spokane Valley operates a number of parks within the City. Below is a summary of these parks: THE FUTURE OF SPOKANE VALLEY Spokane Valley: a community of opportunity where individuals and families can grow and play, and business will flourish and prosper. The potential of Spokane Valley is tremendous, with an adequate tax base and room for expansion of residential, commercial, and industrial growth. Spokane Valley rivals other cities in Eastern Washington in terms of population and significance in the region. The City is committed to planning for the future. It has adopted its first Comprehensive Plan, and its first Parks and Recreation Master Plan. It is in the process of creating a Sprague /Appleway revitalization plan to promote redevelopment of the major east -west corridor. The City is also creating a street master plan. 78 Position Title Grade 2010 Range City Manager Unclassified Deputy City Manager 21 -22 $ 8,214 - $ 11,701 City Attorney 21 8,214 - 10,530 Community Development Director 21 8,214 - 10,530 Finance Director 21 8,214 - 10,530 Public Works Director 21 8,214 - 10,530 Parks and Recreation Director 19 6,653 - 8,530 Human Resources Manager 18 5,988 - 7,677 Planning Manager 18 5,988 - 7,677 Building Official 18 5,988 - 7,677 Senior Engineer - Capital Projects, Development 18 5,988 - 7,677 Deputy City Attorney 18 5,988 - 7,677 Senior Engineer- Traffic, CIP Planning /Grants 17 5,389 - 6,909 Accounting Manager 17 5,389 - 6,909 City Clerk 16 4,850 - 6,218 Engineer 16 4,850 - 6,218 Senior Plans Examiner 16 4,850 - 6,218 Public Works Superintendent 16 4,850 - 6,218 Senior Administrative Analyst 16 4,850 - 6,218 Senior Planner 16 4,850 - 6,218 Associate Planner 15 4,365 - 5,596 CenterPlace Coordinator 15 4,365 - 5,596 Assistant Engineer 15 4,365 - 5,596 IT Specialist 15 4,365 - 5,596 Engineering Technician II 15 4,365 - 5,596 GIS /Database Administrator 15 4,365 - 5,596 Human Resource Analyst 14 3,929 - 5,037 Accountant/BudgetAnalyst 14 3,929 - 5,037 Administrative Analyst 14 3,929 - 5,037 Assistant Planner 14 3,929 - 5,037 Building Inspector 11 14 3,929 - 5,037 Plans Examiner 14 3,929 - 5,037 Public Information Officer 14 3,929 - 5,037 Engineering Technician I 14 3,929 - 5,037 Senior Permit Specialist 14 3,929 - 5,037 Maintenance /Construction Inspector 13 -14 3,536 - 5,037 Recreation Coordinator 13 -14 3 536 - 5 037 Customer Relations /Facilities Coordinator 13 3,536 - 4,533 Code Enforcement Officer 13 3,536 - 4,533 Building Inspector I 13 3 536 - 4,533 Planninq Technician 13 3,536 - 4,533 Deputy City Clerk 12 -13 3,183 - 4,532 Senior Center Specialist 12-13 3,183 - 4,532 Human Resources Technician 12 -13 3,183 - 4,532 Administrative Assistant 11 -12 2,864 - 4,080 Permit Specialist 11 -12 2,864 - 4,080 Accounting Technician 11 -12 2,864 - 4,080 Maintenance Worker 11 -12 2,864 - 4,080 Office Assistant 11 10 -11 2,578 - 3,672 Custodian 10 2,578 - 3,304 Office Assistant I 9 -10 2,321 - 3,304 'Financial Reports Specialist Pending Pending Appendix A EMPLOYEE POSITION CLASSIFICATION MONTHLY SALARY SCHEDULE 2010 Salary Schedule Effective 1/1/2010 79 Year Appendix B OUTSTANDING GENERAL OBLIGATION BONDS DEBT SERVICE SCHEDULE 2010 -2014 1,200,000 1,885,112 3,085,112 * 2015 -2019 1,655,000 1,612,068 3,267,068 2020 -2024 2,480,000 1,135,250 3,615,250 2025 -2029 2,090,000 519,250 2,609,250 2030 -2033 940,000 112,500 1,052,500 $ 8,555,000 $ 5,671,052 $ 14,226,052 ' Approximately 74% paid by the Public Facilities District for Centerplace Total Principal Interest Requirements 80 General Fund Revenues: Sales Tax Property Tax Gambling Tex Franchise Fees/Bus. Reg. State Shared Revenues Service Fees Fines & Forfeitures Recreation Program Fees Interfund Transfers Repayment from St. fund Investment Int. & Misc. Carryover from prior yr Total General Fund General Fund Expenditures: Legislative Executive & Legislative Public Safety Deputy City Manager Finance Human Resources Public Works Dev. Engineering Planning Building Parks Admin Recreation Aquatics Senior Center Library Services CenterPlace Transfer to Capital Inc. Bus. Plans General Government Total General Fund Net Less cash flow reserve Carryover to next yr City of Spokane Valley Multiyear Financial Plan - General Fund - Problem Statement #1 9-3 -09 2009 2010 2011 2012 2013 Estimate Estimate Estimate Estimate Estimate $ 15,900,000 $ 16,600,000 $ 16,600,000 $ 16,600,000 $ 16,600,000 $ 16,600,000 $ 10,675,000 $ 10,969,500 $ 11,000,000 $ 11,000,000 $ 11,000,000 $ 11,000,000 $ 525,000 $ 425,000 $ 425,000 $ 425,000 $ 425,000 $ 425,000 $ 1,000,000 $ 1,100,000 $ 1,111,000 $ 1,122,110 $ 1,144,664 $ 1,156,111 $ 1,400,000 $ 1,350,000 $ 1,383,750 $ 1,418,344 $ 1.490,148 $ 1,527,402 $ 1,800,000 $ 1,500,000 $ 1,500,000 $ 1,500,000 $ 1,600,000 $ 1,600,000 $ 1,700,000 $ 1,600,000 $ 1,600,000 $ 1,600,000 $ 1,600,000 $ 1,600,000 $ 525,000 $ 650,000 $ 656,500 $ 670,000 $ 683,467 $ 690,302 $ 165,000 $ 160,000 $ 165,000 $ 165,000 $ 170,000 $ 170,000 $ - $ 150,000 $ 150,000 $ 150,000 $ - $ - $ 450,000 $ 450,000 $ 425,000 $ 425,000 $ 425,000 $ 425,000 $ 21,000,000 $ 14,375,606 $ 13,319,068 $ 9,329,799 $ 2,160,292 $ (8,427,778) $ 55,140,000 $ 49,330,106 $ 48,335,318 $ 44,405,253 $ 37,298,571 $ 26,766,036 $ 330,900 $ $ 1,033,321 $ $ 20,841,084 $ $ 661,420 $ $ 878,437 $ $ 236,285 $ $ 817,068 $ $ 870,199 $ $ 1,393,427 $ $ 1,325,213 $ $ 956,933 $ $ 232,187 $ $ 403,616 $ $ 94,194 $ $ 20,000 $ $ 1,125,110 $ $ 123,000 $ $ 4,422,000 $ 35,764,394 19,375,606 (5,000,000) 14,375,606 322,120 $ 347,890 1,063,842 $ 1,148,949 22,062,268 $ 23,827,249 620,574 $ 670,220 1,023,373 $ 1,105,243 248,435 $ 268,310 893,793 $ 965,296 791,719 $ 855,057 1,447,411 $ 1,563,204 1,313,320 $ 1,418,386 987,556 $ 1,066,560 237,846 $ 256,874 422,550 $ 456,354 85,503 $ 92,343 $ 1,262,578 $ 1,363,584 100,000 $ 100,000 $ 425,000 3,128,150 $ 3,075,000 36,011,038 39,005,519 13,319,068 13,319,068 9,329,799 sales tax reduced for actual collections -city usually spends less than budget - initiative 1033 81 $ 375,721 $ 1,240,865 $ 25,733,429 $ 723,838 $ 1,193,662 $ 289,775 $ 1,042,520 $ 923,461 $ 1,688,260 $ 1,531,856 $ 1,151,885 $ 277,424 $ 492,862 $ 99,731 $ 1,472,671 $ 100,000 $ 535,000 $ 3,372,000 $ 42,244,961 9,329,799 2,160,292 2014 Estimate 405,778 $ 438,241 1,340,135 $ 1,447,345 27,792,104 $ 30.015,472 781,745 $ 844,284 1,289,155 $ 1,392,288 312,957 $ 337,993 1,125,922 $ 1,215,996 997,338 $ 1,077,125 1,823,321 $ 1,969,187 1,786,757 $ 1,929,698 1,244,036 $ 1,343,559 299,617 $ 323,587 532,291 $ 574,875 107,709 $ 116,326 $ 1,590,485 $ 1,717,723 100,000 $ 100,000 700,000 $ 700,000 3,497,000 $ 3,734,000 45,726,350 $ 49,277,698 (8,427,778) (22,511,662) 2,160,292 (8,427,778) (22,511,662) Street Fund - #2 Beginning Fund Bal Interest Income Utility tax - Telephones Stormwater Share Facility Loans from General Fund Grant Motor fuel tx & misc Expenditures Repay Loan Ending Fund Balance 2009 Estimate City of Spokane Valley Street Fund - Problem Statement # 2 9/3/2009 2010 Estimate $ 1,280,000 $ 1,892,000 12,000 18,000 2,800,000 2,800,000 200,000 - 400,000 712,000 1,900,000 1,900,000 6,592,000 7,322,000 4,700,000 5,950,000 150,000 * Winter Mntnce costs added difficult to predict winter street mntnce ** Share costs with stormwater 2010 expend. Includes bridge mntnce 82 2011 Estimate $ 1,222,000 12,000 2,800,000 1,900,000 5,934,000 5,100,000 150,000 2012 Estimate $ 684,000 $ 146,000 $ (304,000) 2,000 2,850,000 2,850,000 2,850,000 1,960,000 5,496,000 5,200,000 ' 150,000 2013 Estimate 2,000,000 4,996,000 2014 Estimate 2,000.000 4,546,000 5,300,000 5,400,000 1,892,000 $ 1,222,000 $ 684,000 $ 146,000 $ (304,000) $ (854,000) Accrual Basis — A basis of accounting in which revenues and expenditures are recorded at the time they occur as opposed to when cash is actually received or spent. Appropriation — A legal authorization granted by the City Council to make expenditures and to incur obligations for a specific purpose. Assessed Valuation — The valuation set upon real estate and certain personal property by the County Assessor as a basis for levying property taxes. Authorized Positions — Employee positions, which are authorized in the adopted budget, to be filled during the year. Bond — A long -term promise to repay a specified amount (the face amount of the bond) on a particular date (the maturity date) The most common types of bonds are general obligation revenue bonds. Bonds are primarily used to finance capital projects. Budget — A plan of financial activity for a specified period of time (fiscal year or biennium) indicating all planned revenues and expenses for the budget period. Budget Message — The opening section of the budget that provides the City Council and the public with a general summary of the most important aspects of the budget, changes from the current and previous years, and the views and recommendations of the Mayor. CITY OF SPOKANE VALLEY Glossary of Budget Terms 83 Capital Improvement — Expenditures related to acquisition, expansion or rehabilitation of an element of the government's physical plant; sometimes referred to as infrastructure. Capital Outlay — Fixed assets that have general value of $5,000 or more and have a useful economic lifetime of more than one year. Capital Project — Major construction, acquisition, or renovation activities which add value to government's physical assets or significantly increase their useful life, also called capital improvements. Capital Projects Fund — A fund created to account for all resources and expenditures used for the acquisition of fixed assets except those financed by enterprise funds. Contingency — A budgetary reserve set aside for emergencies or unforeseen expenditures not otherwise budgeted. Contractual Services — Services rendered to a government by private firms, individuals, or other govemmental agencies. Debt Service — Payment of interest and principal on borrowed money according to a predetermined payment schedule. Department — The basic unit of service responsibility, encompassing a broad mandate of related service responsibilities. Division — Can be a subunit of a department which encompasses a substantial portion of the duties assigned to a department (e.g. Building Division in the Planning and Community Development Department). Encumbrance — The commitment of appropriated funds to purchase an item or service. To encumber funds means to set aside or commit funds for a specified future expenditure. Expense — Charges incurred (whether paid immediately or unpaid) for operations, maintenance, interest or other charges. Face Value — The amount of principal that must be paid at maturity for a bond issue. Fiscal Year — A twelve -month period designated as the operating year for accounting and budgeting purposes in an organization. Full -time Equivalent Position (FTE) — A full -time or part-time position converted to the decimal equivalent of a full -time position based on 2,080 hours per year. For example, a part-time person working 20 hours per week would be equivalent of 0.5 of a full -time position. Fund — A fiscal entity with revenues and expenses that are segregated for the purpose of carrying out a specific purpose or activity. GAAP — Generally Accepted Accounting Principles. Uniform minimum standards for financial accounting and recording, encompassing the conventions, rules, and procedures 84 that define accepted accounting principles. GASB — The Governmental Accounting Standards Board, established in 1985, is the current standard- setting board for governmental GAAP. General Fund — The principal operating fund of the City used for general governmental operations. Taxes and fees that generally have no restriction on their use support it. General Obligation (G.O.) Bonds — This type of bond is backed by the full faith, credit and taxing power of the government issuing it. Indirect Cost — A cost necessary for the functioning of the organization as a whole, but which cannot be identified with a specific product, function or activity. Infrastructure — The physical assets of a government (e.g. streets, water, sewer, public buildings, and parks). Interfund Transfers — The movement of monies between funds of the same governmental entity. Levy — To impose taxes for the support of the governmental activities. Long -term Debt — Debt with a maturity of more than one year after the date of issuance. Mission Statement — A broad statement of the intended accomplishment or basic purpose of a program. Modified Accrual Accounting — A basis of accounting in which expenditures are accrued but revenues are accounted for when they become measurable and available. Since this type of accounting basis is a conservative financial approach, it is recommended as the standard for most governmental funds. Operating Budget — The portion of the budget that pertains to daily operations that provide basic governmental services. Ordinance — A formal legislative enactment by the City Council. If it is not in conflict with any higher form of law, such as a statute or constitutional provision, it has the full force and effect of law within the boundaries of the municipality to which it applies. Program — The smallest organization that delivers a specific set of services. A program may be an entire department; or if a department encompasses significantly diverse responsibilities or large work forces, a single department may be divided into two or more programs. Reserve — An account used to either set aside budgeted revenues that are not required for expenditure in the current budget year or to earmark revenues for a specific future purpose. Resolution — A special or temporary order of a legislative body —an order of a legislative body requiring less legal formality than an ordinance or statute. Resources — Total amounts available for appropriation including estimated revenues, fund transfers, and beginning balances. 85 Revenue — Sources of income financing the operations of government. Taxes — Compulsory charges levied by a government for the purpose of financing services performed for the common benefit. This term does not include specific charges made against particular persons or property for current or permanent benefits such as special assessments. Neither does the term include charges for services rendered only to those who pay, for example, sewer service charges. Unreserved Fund Balance — The portion of a fund's balance that is not restricted for a specific purpose and is available for general appropriation. User Charges — The payment of a fee for direct receipt of a public service by the party who benefits from the service. Vision Statement — A short statement that conveys the big picture of the organization. It is general in scope, not restricting. It answers the question "Why ?" CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 13, 2009 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second reading Proposed Ordinance 09 -030 amending Cable Code, SVMC 3.65 GOVERNING LEGISLATION: 47 United States Code § 201, et seq.; SVMC 3.65 PREVIOUS COUNCIL ACTION TAKEN: Numerous discussions with City Council regarding granting a cable franchise to Comcast, and related discussion of adoption of a comprehensive cable code. BACKGROUND: As Council is well aware, staff has been negotiating with Comcast for a replacement franchise to the one Spokane Valley inherited from Spokane County upon incorporation. During those negotiations, a recurring theme for Comcast was a concern that a new entrant competitor could come in and get better terms from the City, which would put Comcast at a competitive disadvantage. As a result of those discussions, staff determined that it would be advantageous for the City to adopt a more comprehensive cable code that establishes what our minimum expectations would be for any cable provider requesting a franchise. The essential terms that any franchisee would be primarily interested in are the franchise fee (5% of gross revenue), PEG contribution (.35 cents per subscriber per month), customer service standards, technical requirements, and density buildout requirements. Please note that there was one minor change from first reading, contained in Section 29. The change was to remove the requirement for a full audited statement within the annual report each year from the franchisee, and instead requires a little less formal annual revenue statement that shall be reviewed by a CPA. Our research has shown this approach to be in line with the requirements found in cable franchises and codes in Washington. Staff believes this will provide reliable information for providing our oversight function. OPTIONS: Request additional changes; place on agenda for a second reading. RECOMMENDED ACTION OR MOTION: I move that we approve Ordinance 09 030. BUDGET /FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, Deputy City Attorney; Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: Proposed draft cable code. DRAFT AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, STATE OF WASHINGTON, REPEALING EXISTING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 3.65 IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS RELATING TO FRANCHISING AND OPERATION OF A CABLE TELEVISION BUSINESS IN THE CITY, AND OTHER MATTERS RELATED THERETO WHEREAS, the City of Spokane Valley currently has limited City Code provisions relating to the franchising and operation of a cable television business in the City; and WHEREAS, a comprehensive cable code would establish minimum standards for persons or entities operating or desiring to operate a cable television system in the City; and WHEREAS, a comprehensive cable code would help ensure the City's continued compliance with Federal law requirements regarding rough consistency between franchisees. 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 adopt a comprehensive Cable Code for the City of Spokane Valley. Section 2. Repealing Spokane Valley Municipal Code Chapter 3.65. Spokane Valley Municipal Code Chapter 3.65, and all of its sections as currently adopted, are hereby repealed in their entirety. Seetiens: 3.65.020 Cable TV franchise fcc. 3.65.030 Definitions. 3.65.010 Franchise fee Amount. 3.65.050 Accounting year. 3.65.070 Quarterly installments. 3.65.080 Records. 3.65.110 Overpayment of fcc. 3.65.130 City administrator to make rules. 3.65.110 Appeal to city council. 3.65.150 Franchise agreement. Ordinance 09 -030 Cable CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-030 Ch z 65 Page 1 of 30 DRAFT 3 D fl D. 'Person" mcans any person, firm, corporation, association, or entity of any type en aged in a €T axpaycr" means any person liable for thc tax imposed under this chapter. (0 d. 20 §-3-,--2-00-3): 3 c hi e _ A mount selling or thc furnishing of cable television services, a franchise fce equal to five percent of the gross rcvcnuc derived from such business in the City during thc period for which thc fee is duc. (Ord. 20 § 4, 2803), December 31st with fees duc during such periods or portions thereof. (Ord. 20 § 5, 2003). 1 _ 1 .. . • . • . .. . .. . . There is excepted and deducted from the total gross rcvcnuc upon which the fcc is computed, so much Washington. (Ord. 20 § 6, 2003). The fee impos..d by SVMC 3.65.010 shall be paid in quarterly installments. Franchise fcc payments Beginning with January 1st, the end of each quarterly period shall bc: March 31st, June 30th, September 30th and December 31st. For example, the March (or first quarter) remittance shall be paid by April 30th. § 1, 2003; Ord. 20 § 7, 2003). 3.65.080 Reeerds. Ordinance 09 -030 Cable Page 2 of 30 DRAFT to be filed. (Ord. 20 § 8, 2003). § 10, 2003). 3.65.110 O vert nt e f f failure to comply with this chapter is a class 2 civil infraction (Chapter 7.80 RCW), subject to a fmc of up to $250.00 for cach day that a violation continues. (Ord. 20-§-1-2 determination to the city council, or to the hearing examiner if the city council so establishes. (Ord. 20 § 11, 2003). c.tccutcd by the person providing service and approval by the city council. (Ord. 20 § 15 Section 3. Adopting Spokane Valley Municipal Code Section 3.65.010. Spokane Valley Municipal Code Section 3.65.010 is adopted as follows: Ordinance 09 -030 Cable Page 3 of 30 DRAFT 3.65.010 Definitions For the purpose of this Chapter, the following words and terms shall have the meaning set forth below: "basic cable service" shall mean any service tier which includes the lawful retransmission of local television broadcast signals and any public, educational. and governmental access programming required by a franchise agreement to be carried on the basic tier. "Cable Act" means the Cable Communications Policy Act of 1984 as amended by the Cable Television Consumer Protection and Competition Act of 1992. and the Telecommunications Act of 1996, and any amendments thereto. "cable advisory board" shall mean a City or regional cable advisory board as established by ordinance or interlocal agreement. "cable service" or "service" shall mean (A) the one -way transmission to subscribers of (i) video programming or (ii) other programming service, and (B) subscriber interaction, if any, which is required for the selection or use of such video programming or other programming service. "cable system" or "system" shall mean a facility. consisting of a set of closed transmission paths and associated signal generation, reception. and control equipment that is designed to provide cable service which includes video programming and which is provided to multiple subscribers within a community. but such term shall not include: (1) a facility that serves only to retransmit the television signals of one (1) or more television broadcast stations; (2) a facility that serves only Subscribers without using any public right -of -way; (3) a facility of a common carrier which is subject. in whole or in part. to the provisions of 47 U.S.C. & 201 et seq., except that such facility shall be considered a cable system (other than for purposes of 47 U.S.C. & 541(c)) to the extent such facility is used in the transmission of video programming directly to subscribers. unless the extent of such use is solely to provide interactive on- demand services: (4) an open video system that complies with 47 U.S.C. & 573; or (5) any facilities of any electric utility used solely for operating its electric utility system. For the purpose of a franchise, cable system shall mean a grantee's cable facilities servicing the City. "channel" shall mean a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of a television channel, as television channel is defined by the FCC. "City" means the City of Spokane Valley. a Washington municipal corporation. "City Manager" means the City Manager or designee. "complaint" shall mean a subscriber contact with a grantee to express a grievance or dissatisfaction concerning cable service. Complaints do not include matters not within the scope of a franchise Ordinance 09 -030 Cable Page 4 of 30 DRAFT agreement. A complaint may be verbal or in writing, but need not include initial contacts where an issue is promptly resolved to the subscriber's satisfaction. "construction" or "construct" shall mean digging. excavating. laying. extending, upgrading, removing, and replacing of a facility, "FCC" shall mean the Federal Communications Commission or any legally appointed or designated agent or successor. "facility" or "facilities" means all of the plant, equipment, fixtures. appurtenances. and other related property necessary to furnish and deliver cable television services, including but not limited to wires, cables, conductors, ducts, conduits, vaults, manholes, pedestals, amplifiers, appliances, and attachments. necessary or incidental to the distribution and use of cable television services. "franchise" shall mean the nonexclusive right and authority to construct, maintain. and operate a cable system through use of public rights -of -way in the City pursuant to a contractual agreement approved by the City Council, and executed by the City and a grantee. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. "grantee" shall mean any person or corporation granted a franchise under this chapter. "gross revenues" means all revenue derived directly or indirectly by a grantee, or by a grantee's affiliates, from the operation of a grantee's cable system to provide cable services in the franchise area. Gross revenues include. by way of illustration and not limitation, monthly fees charged subscribers for cable services including basic service and all other tiers of cable service; pay - per -view service: cable service installation. disconnection, change -in- service and reconnection fees, leased access channel fees. late fees, payments received by a grantee from programmers for carriage of cable services on the cable system and recognized as revenue under generally accepted accounting principles ( "GAAP "), revenues from rentals of cable system equipment such as converters; advertising revenues (including local. regional, and a pro rata share of national advertising carried on the cable system in the franchise area) net of commissions due to advertising agencies that arrange for the advertising buy and as recognized as revenue under GAAP; additional outlet fees, franchise fees, and revenues from home shopping channels. Gross revenues shall not include (i) bad debt, provided, however, that all or part of any such bad debt that is written off but subsequently collected shall be included in gross revenues in the period collected; (ii) any capital contribution referenced in subsections 13.8; (iii) any payments by the City to a grantee for I -Net maintenance or expansion; or (iv) any taxes on services furnished by a grantee which are imposed directly on any subscriber or user by the State, City or other governmental unit and which are collected by a grantee on behalf of said governmental unit. The franchise fees are not such a tax and are therefore included in gross revenues. "lockout device" shall mean an optional mechanical or electrical accessory to a subscriber's terminal which inhibits the viewing of a certain program, certain channel, or certain channels provided by way of the cable system. "maintenance or maintain" shall mean repair, restoration. replacement. renovation and testing of the cable system or components thereof so as to ensure that it operates in a safe and reliable manner and as required by this chapter. (1rAinanre 09 - 1)10 Cable Page 5 of 30 DRAFT "non - commercial" shall mean. in the context of PEG Channels, that products and services are not sold via the PEG Channel. The term will not be interpreted to prohibit an PEG Channel operator or programmer from independently (i.e. not in the context of any televised programming) soliciting and receiving financial support to produce and transmit video programming on an PEG channel or from acknowledging a contribution, in the manner of the corporation for public broadcasting. A PEG channel operator or programmer may cablecast informational programming regarding City events. projects and attractions of interest to residents so lone as the format for such programming is consistent with the purposes for which PEG resources may be used. "normal business hours" shall mean those hours during which most similar businesses in City are open to serve customers. In all cases, "normal business hours" must include some evening hours, at least one (1) night per week and/or some weekend hours. "normal operating conditions" shall mean those service conditions which are within the control of grantee. Those conditions which are not within the control of a grantee include but are not limited to, natural disasters, civil disturbances, power outages, telephone network outages. and severe weather conditions. Those conditions which are ordinarily within the control of a grantee include, but are not limited to, special promotions pay - per -view events, rate increases. regular peak or seasonal demand periods. and maintenance or upgrade of the cable system. "PEG" shall mean any channel set aside for public use, educational use, governmental use without a channel usage charge. "Person" shall mean an individual or legal entity. such as a corporation or partnership. "premium service" shall mean pay television offered on a per channel or per program basis. "public property" shall mean any real estate or any facility owned by the City. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. "right -of -wad" shall mean all property, and the space above and below, in which the City has any form of ownership, title, or interest. including easements and adjacent utility strips. which is held for public roadway or dedicated for compatible utility purposes, regardless of whether or not any roadway or utility exists thereon or whether it is used, improved or maintained for public use. "service interruption" shall mean the loss of picture or sound on one (1) or more cable channels. "service tier" shall mean a specific set of cable services which are made available as. and only as, a group for purchase by subscribers at a separate rate for the group, "standard installation" shall mean those that are located up to one hundred twenty-five (125) feet from the existing distribution system. Grantee shall comply with applicable FCC regulations regarding commercial installations as may now or hereafter arise. "subscriber" shall mean any person who lawfully receives cable service via the system. "video programming" shall mean programming provided by, or generally considered comparable to programming provided by, a television broadcast station. Ordinance 09 -030 Cable Page 6 of 30 DRAFT Section 4. Adopting Spokane Valley Municipal Code Section 3.65.020. Spokane Valley Municipal Code Section 3.65.020 is adopted as follows: 3.65.020 General Provisions A. It is unlawful to engage in or commence construction, operation, or maintenance of a cable communications system without a franchise issued under this chapter, except as may be otherwise provided by state or federal law. The council may, by ordinance. award a nonexclusive franchise to construct. operate and maintain a cable communications system within all or any portion of the city to any person, whether operating under an existing franchise or not. who makes application for authority to furnish a cable communications system which complies with the terms and conditions of this chapter; provided. that this section shall not be deemed to require the grant of a franchise to any particular person or to prohibit the council from restricting the number of franchisees should it determine such a restriction would be in the public interest. Any franchise for the construction, maintenance and operation of cable television systems using the public streets, utility easements, other public rights -of -way or places shall conform generally to the provisions of this chapter, except as may be otherwise set forth in the ordinance granting such franchise. B. The provisions of this chapter may be incorporated by specific reference in any franchise agreement approved under this chapter. However, in the event of any conflict or ambiguity arising between the provisions of any franchise agreement and those of this chapter, the provisions of the franchise agreement shall prevail. Section 5. Adopting Spokane Valley Municipal Code Section 3.65.030. Spokane Valley Municipal Code Section 3.65.030 is adopted as follows: 3.65.030 Non - Exclusivity. The grant of authority for use of the City's rights -of -way under this chapter is not exclusive and does not establish priority for use over other franchise holders. permit holders and the City's own use of public property. Nothing in any franchise agreement made under this chapter shall affect the right of the City to grant to any other person a similar franchise or right to occupy and use the rights -of -way or any part thereof.. Section 6. Adopting Spokane Valley Municipal Code Section 3.65.040. Spokane Valley Municipal Code Section 3.65.040 is adopted as follows: 3.65.040 Franchise Issuance Prior to the granting of a franchise, the city council shall conduct a public hearing to determine the following: A. Initial franchise; 1. That the public will be benefited by the granting of a franchise to the applicant; 2. That the aplicant has the requisite financial and technical resources, and capabilities to build. operate and maintain a cable television system in the area: 3. That the applicant has no conflicting interests, either financial or commercial which will be contrary to the interests of the City; 4. That the applicant will comply with all terms and conditions placed upon a franchisee by this article; 5. That the applicant is capable of complying with all relevant federal, state, and local regulations pertaining to the construction, operation and maintenance of the cable facilities and systems incorporated in its application for a franchise: Ordinance 09 - 030 Cable Page 7 of 30 DRAFT 6. That the public rights -of -way have the capacity to accommodate the cable communications system: 7. That the applicant is capable of meeting buildout threshold requirements as specified in SVMC 3.65.090; 8. That the proposed franchise is consistent with the city's present and future use of the public rights -of -way to be used by the cable communications system, 9. That the benefit to the public from the cable communications system outweighs the potential disruption to existing users of the public rights -of -way to be used by the cable communications system and the resultant inconvenience which may occur to the public: and 10. That all other conditions resulting from the grant of the franchise have been considered by the City and that the City determines that the grant is still in the public's best interest. B. Renewal franchise. 3.65.050 Fee. 1. That the applicant has complied with the terms and conditions of the existing franchise: 2. That the quality of the applicant's previous service has been reasonable in light of community needs: 3. That the applicant's proposal is reasonable to meet the future cable related community needs and interests taking into account the cost of meeting such needs and interests; 4. That all other conditions resulting from the grant of the franchise have been considered by the City and that the city determines that the grant is still in the public's best interest. Section 7. Adopting Spokane Valley Municipal Code Section 3.65.050. Spokane Valley Municipal Code Section 3.65.050 is adopted as follows: A. In all franchises made under this chapter. the grantee shall pay to the City five percent (5 %) of its annual gross revenues in the City. pursuant to 47 U.S.C. & 542. throughout the full term of the franchise agreement. Payment shall be due no later than 30 days from the end of each calendar quarter. after which interest shall accrue at the rate of 1% per month. In the event all or a portion of the franchise fee has not been paid within 60 days of the end of each calendar quarter, a penalty in the amount of 10% of the delinquent amount shall be added to the outstanding amount. All franchise fees, interest and penalties shall constitute a debt of the City and may be collected by any means allowed under the law. B. No acceptance by the City of any payment from grantee shall be construed as an accord that the amount paid is in fact the correct amount. nor shall such acceptance of payment be construed as a release of any claim the City may have for further or additional sums payable under the provisions of the franchise Agreement. All amounts paid shall be subject to auditing and recomputation by the City, C. Grantee acknowledges and agrees that the franchise fees payable by grantee to City pursuant to a franchise agreement. as well as capital support provided by grantee for PEG equipment and facilities, are authorized under the Federal Cable Act and shall not be deemed to be in the nature of a federal state or local tax. D. Franchise fees subject to audit. Upon reasonable prior written notice, during normal business hours, at the grantee's principal business office, the City shall have the right to inspect the grantee's financial records used to calculate the City's franchise fees. The City shall provide to the grantee a final report setting forth the City's findings in detail, including any and all substantiating documentation. In the event Ordinance 09 -030 Cable Page 8 of 30 DRAFT of an alleged underpayment, the grantee shall have thirty (30) days from the receipt of the report to provide the City with a written response agreeing to or refuting the results of the audit, including any substantiating documentation. Grantee shall review and the City shall be entitled to review grantee's historical financial records used to calculate the City's franchise fees consistent with the currently applicable state statute of limitations. E. Failure to comply with this section, except alleged underpayments under subsection D above. shall constitute a material breach of the franchise agreement pursuant to SVMC 3.65.380. Section 8. Adopting Spokane Valley Municipal Code Section 3.65.060. Spokane Valley Municipal Code Section 3.65.060 is adopted as follows: 3.65.060 Competitive Equity A. The City reserves the right to grant more than one franchise. The City shall amend a franchise, as requested by the grantee, if it grants additional cable service franchises or similar multiple channels of video programming authorizations that contain material terms or conditions which are substantially more favorable or less burdensome to the competitive entity than the material terms and conditions contained in a previously granted franchise. A word- for -word identical franchise or authorization for a competitive entity is not required so long as the regulatory and financial burdens on each entity are generally equivalent taking into account any difference in the number of subscribers served, the number of PEG channels and aggregate support provided, the level of fees and taxes imposed, the term of the franchise. and all other circumstances affecting the relative burdens. B. Notwithstanding any provision to the contrary, at any timeprior to the commencement of a grantee's thirty-six month renewal window provided by Section 626 of the Cable Act, that a non - wireless facilities based entity, legally authorized by state or federal law. makes available for purchase by subscribers or customers, cable services or multiple channels of video programming within the franchise area without a franchise or other similar lawful authorization granted by the City. then a grantee shall have a right to request franchise amendments that relieve the grantee of regulatory burdens that create a competitive disadvantage to the franchisee. In requesting amendments, the grantee shall file a petition seeking to amend the franchise. Such petition shall: (1) indicate the presence of such wireline competitor: and (2) identify all material terms or conditions which are substantially more favorable or less burdensome to the competitive entity. The City shall act on the petition within 120 days. C. In the event an application for a new cable television franchise is filed with the City proposing to serve the franchise area, in whole or in part. the City shall notify the grantee. Section 9. Adopting Spokane Valley Municipal Code Section 3.65.070. Spokane Valley Municipal Code Section 3.65.070 is adopted as follows: 3.65.070 Taxes. As is consistent with applicable law, nothing contained in any franchise agreement granted under this chapter shall be construed to except the grantee from any applicable tax, liability or assessment authorized by law. Section 10. Adopting Spokane Valley Municipal Code Section 3.65.080. Spokane Valley Municipal Code Section 3.65.080 is adopted as follows: 3.65.080 Cable System Specifications. Ordinance 09 -030 Cable Page 9 of 30 DRAFT A. Prior to entering into a franchise agreement, and during the term of the franchise agreement. the grantee's cable system shall meet or exceed the following specifications: hybrid fiber coaxial. fiber- to -the- node system architecture, with fiber -optic cable deployed from the headend to the node and coaxial cable deployed from the node to subscribers' homes. Active and passive devices capable of passing a minimum of 750 MHz and capable of delivering high - quality analog or digital video signals meeting. or exceeding FCC technical quality standards. Cable system nodes designed for future segmentation as necessary to maximize shared bandwidth. B. A grantee shall comply with all applicable technical standards of the FCC as •ublished in sub Bart K of 47 C.F.R. & 76. To the extent those standards are altered, modified. or amended during the term of the franchise agreement. the grantee shall comply with such altered, modified or amended standards within a reasonable period after such standards become effective. The City shall have. upon written request, the right to review tests and records required to be performed pursuant to the FCC's rules. C. In accordance with applicable law, the City shall have the right to regulate and inspect the construction. operation and maintenance of the cable system in the public rights -of -way. Upon reasonable prior written notice and in the presence of the grantee's employee, the City may review the cable system's technical performance as necessary to monitor the grantee's compliance with the provisions of the franchise agreement. All equipment testing under a technical performance review shall be conducted by the grantee. Section 11. Adopting Spokane Valley Municipal Code Section 3.65.090. Spokane Valley Municipal Code Section 3.65.090 is adopted as follows: 3.65.090 Cable Service. A. Subject to the density considerations listed below, except in areas reserved for public travel or utility access not yet opened and accepted by the City as public right -of -way that the grantee is specifically and lawfully prohibited from deploying its cable system by the owner /developer, the grantee shall provide cable service as follows: 1. A new entrant grantee shall commence constriction within 120 days of the granting of a franchise. The city council may grant an extension thereof for good cause shown provided, however, that formal application for such an extension must be filed by the grantee within the 120 day period. 2. A new entrant grantee shall begin providing service to subscribers within 240 days of the granting of a franchise. 3. A new entrant grantee shall have completed buildout within all areas of the city within 36 months of the granting of a franchise. The city council may grant an extension thereof for good cause shown, provided, however. that formal application for such an extension must be filed by the grantee within the 36 month period, and the maximum extension allowable is up to six additional months. 4. Areas subsequently annexed shall be provided with cable service within twelve months of the time of annexation. 5. Failure to comply with these buildout requirements shall result in revocation of the franchise by the city council. Ordinance 09 -030 Cable Page 10 of 30 DRAFT B. Access to cable service shall not be denied to any group of potential cable subscribers because of the income of the potential cable subscribers or the area in which such group resides. All residents requesting cable service and living within a standard installation of one hundred twenty-five feet shall have the cable installed at no more than the prevailing published installation rate. In the event a request is made for cable service and the residence is more than a standard installation of one hundred twenty-five feet, such installation shall be completed on a time and material cost basis for that portion of the service line extending beyond one hundred twenty-five feet. C. Upon request through the designated City representative. the grantee shall provide. without charge and throughout the term of the franchise agreement, one outlet, one converter, if necessary, and basic cable service and expanded basic cable service (i.e. together the equivalent of sixty channels of programming) or the future analog or digital equivalent of such service tiers offered by grantee to the City's administrative buildings as designated by the City, fire station(s), police station(s), libraries and state accredited K -12 public and private school(s). 1. If the drop line to such building exceeds a standard installation drop one hundred twenty-five feet, the grantee will accommodate the drop up to three hundred feet if the City or other agency provides the necessary attachment point for aerial service or conduit pathway for underground service. If the necessary pathway is not provided the City or other agency agrees to pay the incremental cost of such drop in excess of one hundred twenty-five feet or the necessary distribution line extension of the cable system. including the cost of such excess labor and materials. The recipient of the service will secure any necessary right of entry. 2. The cable service will not be used for commercial purposes and the outlets will not be located in areas open to the public excepting one outlet to be located in a public lobby of any government building that will be used by the public for viewing public. governmental, or educational access channels. The City will take reasonable precautions to prevent any use of the grantee's cable system in any manner that results in inappropriate use, loss or damage to the cable system. grantee hereby reserves all rights it may have under the law to seek payment from City for liability or claims arising out of the provision and use of the cable service required by this section. 3. If additional outlets of cable service are provided to such buildings, the building occupant will pay the usual installation fees, if any. D. Grantee shall extend the system to any portion of the City after the date of the franchise agreement, when dwellings can be served by extension of the system past dwellings equivalent to a density of seven dwellings per one - quarter mile of cable contiguous to the system. Grantee may petition the City for a waiver of this requirement. such waiver to be granted for good cause shown. Such extension shall be at grantee's cost. In areas not meeting the requirements of seven or more dwellings per one - quarter mile, for mandatory extension of service, grantee shall provide, upon the request of any potential subscribers desiring service, an estimate of the costs required to extend service to such subscribers. Grantee shall then extend service upon request and upon payment of an amount equal to the reasonable value of actual time and materials to be incurred by grantee for such extension. Any customer drop not exceeding a standard installation drop of one hundred twenty-five feet will be free of charge to the customer other than normal installation fees. For drops in excess of one hundred twenty-five feet, grantee may assess an amount equal to time and materials. Section 12. Adopting Spokane Valley Municipal Code Section 3.65.100. Spokane Valley Municipal Code Section 3.65.100 is adopted as follows: Ordinance 09 -030 Cable Page 11 of 30 DRAFT 3.65.100 Programming. A. All final programming decisions remain the discretion of grantee in accordance with a franchise agreement made under this chapter. •rovided that antee notifies Ci and subscribers in writing th days prior to any channel additions, deletions. or realignments, and further subject to grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. § 531 -536, and further subject to City's rights pursuant to 47 U.S.C. & 545. B. A grantee shall provide at least the following initial broad categories of programming to the extent such categories are reasonably available: 1. Educational programming: 2. News, weather and information: 3. Sports: 4. General entertainment including movies: 5. Children. family oriented: 6. Arts. culture and performing arts: 7. Foreign language programming: and 8. Science /documentary, C. A grantee shall offer to all subscribers a diversity of video programming services and it will not eliminate any broad categories of programming without first obtaining the written approval of the City, such approval not to be unreasonably withheld. D. A grantee shall notify in writing the City of its intent to eliminate any broad category of programming noted in subsection B, above. The City. or its designee, shall make a determination on such request not later than sixty days after receipt of the request by grantee. In the event that the City makes an adverse determination. such determination shall be in writing. along with a concise statement of the reasons therefore. In the event the City fails to make a determination within sixty days after receipt of a request from grantee, grantee shall have the right to make the deletion contained in its written request. Section 13. Adopting Spokane Valley Municipal Code Section 3.65.110. Spokane Valley Municipal Code Section 3.65.110 is adopted as follows: 3.65.110 Rates. A. Throughout the term of any franchise agreement made under this chapter and upon request by the City. the grantee shall provide an updated rate card to the City that details applicable rates and charges for cable services provided under the franchise agreement. This does not require the grantee to file rates and charges under temporary reductions or waivers of rates and charges in conjunction with promotional campaigns. B. A grantee shall provide a minimum of thirty days' written notice to the City and each Subscriber before changing any rates and charges. C. City may regulate rates for the provision of cable service provided over the system in accordance with applicable federal law, in particular 47 C.F.R. Part 76 subpart N. In the event the City chooses to regulate rates it shall, in accordance with 47 C.F.R. & 76.910, obtain certification from the FCC, if applicable. The City shall follow all applicable FCC rate regulations and shall ensure that appropriate personnel are in place to administer such regulations. City reserves the right to regulate rates for any future cable services to the maximum extent allowed by law. Ordinance 09 -030 Cable Page 12 of 30 DRAFT Section 14. Adopting Spokane Valley Municipal Code Section 3.65.120. Spokane Valley Municipal Code Section 3.65.120 is adopted as follows: 3.65.120 PEG and Local Programming. A. Any grantee shall make available one full -time non - commercial multi jurisdictional PEG channel (the "government channel ") for future activation and joint use by the City, the City of Spokane and/or Spokane County for governmental access programming. The City shall provide grantee with a minimum of forty-five days prior written notice of an initial meeting to develop an implementation plan for activation of the government channel. B. Commencing on the effective date of a franchise granted under this chapter, and throughout the term of the franchise. grantee shall deliver those PEG channels with whom the City has contracted for service, up to a maximum of six channels. Grantee shall continue to deliver those PEG channels so long as the City's contracts are valid and the PEG channels have content to distribute. The City shall provide copies of all PEG channel contracts, and contract renewals, to grantee within thirty days of execution. C. The grantee will endeavor to provide the subscribers in the franchise area with the other regional PEG channels so long as the PEG programmers offer them for use on the cable system. D. All PEG channels provided to subscribers under a franchise made pursuant to this chapter shall be included by grantee subject to applicable law. For all PEG channels not under grantee's control _grantee shall insure that there is no material degradation in the signal that is received by grantee for distribution by grantee over the cable system. E. The City shall be responsible for all programming requirements for the government channel, including but not limited to scheduling, playback. training, staffing. copyright clearances. and equipment, maintenance and repair, unless responsibility for administering the government channel has been designated to a third party. which shall then become responsible for all programming requirements under this section. F. The grantee shall provide the PEG channels as part of the cable service provided to any subscriber, at no additional charge. If channels are selected through a menu system the PEG channels shall be displayed as prominently as commercial programming choices offered by grantee. A grantee will use reasonable efforts to minimize the movement of Citv - designated PEG channel assignments and maintain common channel assignments for compatible PEG programming. G. At such time as a grantee converts its basic cable service tier from an analog to a digital format, the City's PEG channels will be carried on the digital platform and grantee shall install, at its sole cost, such headend equipment to accommodate such channels. Such PEG channels shall be accessed by subscribers through use of standard digital equipment compatible with grantee's cable system. H. Grantee will remit to the City as a capital contribution in support of PEG capital requirements an amount equal to thirty -five cents per subscriber per month to be paid to the City on a Quarterly basis for the life of the franchise. The City shall allocate all amounts under this subsection to PEG capital uses exclusively. Grantee shall not be responsible for paying the PEG capital contribution with respect to gratis or bad debt accounts. Consistent with 47 C.F.R. § 76.922, grantee may, in its sole discretion, add the cost of the PEG capital contribution to the price of cable services and to collect the PEG capital contribution from subscribers. In addition, consistent with 47 C.F.R. § 76.985, all amounts paid as the PEG capital contribution may be ordinance 09 - 010 Cable Page 13 of30 DRAFT separately stated on subscribers' bills as a City of Spokane Valley PEG capital contribution. Upon grantee's written request and due as agreed upon by both parties. the City shall provide the grantee with documentation showing expenditures for PEG capital use of the previous fiscal years' PEG capital contribution and showing the budgeted use of the current year's PEG funding. In the event the City cannot demonstrate that PEG capital funding was used or budgeted for PEG capital needs grantee's PEG funding obligations going forward shall be reduced by an equivalent amount. I. Within ninety days of request, the grantee shall provide an estimate of costs associated with the construction and activation of one return path capable of transmitting video programming to enable the distribution of the City's specific government access programming to subscribers on the multi - jurisdictional PEG channel. The return line shall run from a location to be determined by the City to the grantee's facilities. Within two hundred seventy days of the City's directive. the grantee shall construct and activate a retum line in accordance with the cost estimate previously provided. The City agrees to pay the costs of the return line within sixty days of construction / activation and receipt of an invoice from the grantee. Section 15. Adopting Spokane Valley Municipal Code Section 3.65.130. Spokane Valley Municipal Code Section 3.65.130 is adopted as follows: 3.65.130 Institutional Network Connections. Upon request of the City, a grantee shall investigate and provide the City a plan with a cost estimate based on either a managed network or the most cost efficient connection utilizing current technology to accommodate the City's reasonable broadband capacity needs for a non - commercial connection between the City's facilities. For the purposes of this section. non - commercial means private network communications from and among the City and other public agencies and excludes leasing or reselling the broadband capacity to a third party for any purpose. After receiving a request from the City. grantee shall provide the City a plan. including an estimate of the construction costs, within ninety days. The cost estimate shall include the fully allocated construction cost from the nearest grantee identified fiber access location to the requested site(s) including. but not limited to site construction. fiber labor. materials and grantee provided equipment. The City shall pay all of grantee's design engineering costs associated with development of the requested plan and cost estimate(s), if the City does not accepted the plan for construction. To approve the grantee to perform the work, the City shall provide the grantee with written authorization to complete the connectivity construction and a purchase order in the amount of the cost estimate. Any connectivity construction shall be performed and completed within six months after the City authorizes the work be performed, unless the parties agree in writing to a different completion date prior to commencement of the work in order to accommodate special considerations of the City. Section 16. Adopting Spokane Valley Municipal Code Section 3.65.140. Spokane Valley Municipal Code Section 3.65.140 is adopted as follows: 3.65.140 Parental Control. A. A grantee shall provide subscriber controlled lockout devices (audio and visual) at a reasonable charge to subscribers upon their request. B. As to any program which is transmitted on a channel offered on a per channel or per program basis, grantee shall block entirely the audio and video portion of such program from reception by any subscriber who so requests. Scrambling of the signal shall not be sufficient to comply with this provision. Ordinance 09 -030 Cable Page 14 of 30 DRAFT Section 17. Adopting Spokane Valley Municipal Code Section 3.65.150. Spokane Valley Municipal Code Section 3.65.150 is adopted as follows: 3.65.150 Recovery of Costs. A grantee shall reimburse the City for all costs of one publication of an ordinance authorizing a franchise made under this chapter in a local newspaper, and required legal notices prior to any public hearing regarding the franchise, contemporaneous with its acceptance of the franchise. Section 18. Adoptine Spokane Valley Municipal Code Section 3.65.160. Spokane Valley Municipal Code Section 3.65.160 is adopted as follows: 3.65.160 Least Interference. The City shall have prior and superior right to the use of its rights -of -way for installation and maintenance of its facilities and other govemmental purposes. Work by grantee in the right -of -way shall be done in a manner that causes the least interference with the rights and reasonable convenience of property owners and residents. The owners of all facilities, public or private. installed in or on such public properties prior to the installation of the facilities of the grantee, shall have preference as to the positioning and location of such utilities with respect to the grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such right -of -way. Disputes between the grantee and other parties over the use, pursuant to a franchise agreement. of the rights -of -way shall be submitted to the City for recommended resolution. No franchise under this chapter shall. in any way, prevent or prohibit the City from using any of its rights - of -way. or affect its jurisdiction over them or any part of them. The City hereby retains its full police power to make all changes, relocations, repairs, maintenance, establishments, improvements; dedications or vacation of same, including the dedication, establishment, maintenance, and improvement of all new rights -of -way. Section 19. Adopting Spokane Valley Municipal Code Section 3.65.170. Spokane Valley Municipal Code Section 3.65.170 is adopted as follows: 3.65.170 Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done. whether it is by itself or by contractors, assigns or agencies. Section 20. Adopting Spokane Valley Municipal Code Section 3.65.180. Spokane Valley Municipal Code Section 3.65.180 is adopted as follows: 3.65.180 Restoration After Construction. If in connection with the construction, operation, maintenance, upgrade, repair or replacement of the cable system, a grantee disturbs, alters, or damages any public or private property, the grantee agrees that it shall at its own cost and expense pay for any damage and replace and restore any such property to a condition reasonably comparable to the condition existing immediately prior to the disturbance. Whenever grantee disturbs or damages any right -of -way or other public property, grantee shall complete the restoration work within a reasonable time as authorized by the City's Public Works Director. Ordinance 09 - 030 Cable Page 15 of 30 DRAFT Section 21. Adopting Spokane Valley Municipal Code Section 3.65.190. Spokane Valley Municipal Code Section 3.65.190 is adopted as follows: 3.65.190 Obstruction Permits Required. Grantee shall apply for and obtain appropriate obstruction permits from the City pursuant to the Spokane Valley Municipal Code. Grantee shall pay all generally applicable permit fees for the requisite City permits and reimburse the City for all generally applicable fees incurred by the City in the examination. inspection, and approval of grantee's work. Section 22. Adopting Spokane Valley Municipal Code Section 3.65.200. Spokane Valley Municipal Code Section 3.65.200 is adopted as follows: 3.65.200 Emergency Response. The grantee shall maintain with the City an emergency response number providing an emergency 24 -hour response for the City to use in case of an emergency. After being. notified of an emergency. grantee shall cooperate with the City and make every effort to immediately respond with action to aid the protection the health and safety of the public. Section 23. Adopting Spokane Valley Municipal Code Section 3.65.210. Spokane Valley Municipal Code Section 3.65.210 is adopted as follows: 3.65.210 Hazardous Substances. Grantee shall comply with all applicable state and federal laws concerning hazardous substances relating to grantee's facilities in the right—of-way. Section 24. Adopting Spokane Valley Municipal Code Section 3.65.220. Spokane Valley Municipal Code Section 3.65.220 is adopted as follows: 3.65.220 Environmental. Grantee shall comply with all applicable state and federal laws concerning environmental protection relating to grantee's facilities in the right —of - -way, Section 25. Adopting Spokane Valley Municipal Code Section 3.65.230. Spokane Valley Municipal Code Section 3.65.230 is adopted as follows: 3.65.230 Movement and Relocation of Facilities. A. Relocation of facilities at the request of a third party. I. If any removal, replacement, modification or disconnection of the cable system is required to accommodate the construction. operation or repair of the facilities or equipment of another City cable franchise holder(s), grantee shall, after at least thirty days advance written notice, take action to effect the necessary changes requested by the responsible entity, as long as the other franchise holder(s) pay for the grantee's time and material costs associated with the project and grantee is issued a permit for such work by the City, Ordinance 09 -030 Cable Page 16 of 30 DRAFT 2. The grantee shall, upon reasonable prior written request of any subscriber relocate its aerial distribution cable facilities underground, as long as the subscriber pays for the grantee's time and material costs associated with the project and grantee is issued a permit for such work by the City, 3. In the event an underground conversion of cable facilities is required as part of the street improvement condition(s) of a new land use development, not associated with a City designated capital improvement project, a franchise shall in no way limit the grantee's right to bill and collect in advance all time and material costs associated with the underground conversion of the cable system from the person responsible for the land use development project. 4. At the request of any person holding a valid permit and upon reasonable advance notice and payment by the permit holder of grantee's expenses of such temporary change, grantee shall temporarily raise, lower or remove its facilities as necessary to accommodate a permittee of the City. B. Relocation at Request of the City, 1. Upon at least sixty days prior written notice to grantee, the City shall have the right to require grantee to relocate any part of the cable system within the rights -of -way when the safety. health or welfare of the public requires such change, and the expense thereof shall be paid by grantee. The City may, at its option. provide more than sixty days notice. After receipt of such notice, antee shall com . lete relocation of its facilities at least five da s 'rior to commencement of the project or an agreed upon date by both parties. Should grantee fail to remove or relocate any such facilities by the date established by the City. the City may effect such removal or relocation, and the expense thereof shall be paid by grantee, including all costs and expenses incurred by the City due to grantee's delay. If the City requires grantee to relocate its facilities located within the rights -of -way. the City shall make a reasonable effort to provide grantee with an alternate location within the right -of -way. If public funds are available to any person using such rights -of- way for the purpose of defraying the cost of any of the foregoing, the grantee may make application for such funds. 2. In the case of relocation projects where the conversion of overhead utilities is within a City capital improvement project. then the grantee shall participate in the joint trenching portion of the project, and grantee shall nay to the City grantee's portion of the traffic control and trench costs, including excavation and other associated costs, trench bedding. and backfill commensurate with grantee's proportionate share of trench usage. However, if bids from the City or it's designated contractor for placement of grantee's conduits and vaults /pedestals in the supplied joint trench, in the reasonable estimation of the grantee are not acceptable, the grantee shall have the option to utilize contractor(s) of its choice to complete the required work, so long as use by grantee of its contractor(s) does not delay the City project. The City or it's designated contractor shall coordinate with the grantee's contractor(s) to provide reasonable notice and time to complete the placement of the grantee's facilities in the supplied joint trench. 3. Nothing in a franchise made under this chapter shall prevent the City from constructing any public work or capital improvement. Further, the City shall have the right to require grantee to relocate, remove, replace, modify or disconnect grantee's facilities and equipment located in the rights -of -way or on any other property of the City in the event of an emergency or when necessary to protect or further the health, safety or welfare of the general public, and such work shall be performed at grantee's expense. Following notice by the City, grantee shall relocate, remove, replace, modify or disconnect any of its facilities or equipment within any right -of -way, or on any other property of the City. Ordinance 09 -030 Cable Page 17 of 30 DRAFT 4. If the grantee fails to complete the above work within the time prescribed by the City. given the nature and extent of the work. or if it is not done to the City's reasonable satisfaction, the City may cause such work to be done and bill the reasonable cost of the work to the grantee, including all reasonable costs and expenses incurred by the City due to grantee's delay. In such event. the City shall not be liable for any damage to any portion of grantee's cable system. Grantee shall pay the City within ninety days of receipt of an itemized list of those costs. The City shall give consideration to any circumstances outside the grantee's control preventing grantee's completion of work. Section 26. Adopting Spokane Valley Municipal Code Section 3.65.240. Spokane Valley Municipal Code Section 3.65.240 is adopted as follows: 3.65.240 Tree Trimming. A grantee shall have the authority to conduct pruning and trimming for access to cable system facilities in the rights -of -way subject to compliance with applicable City Code relating to the same as adopted or amended. All such trimming shall be done at the grantee's sole cost and expense. The grantee shall be responsible for any damage caused by such trimming. Section 27. Adopting Spokane Valley Municipal Code Section 3.65.250. Spokane Valley Municipal Code Section 3.65.250 is adopted as follows: 3.65.250 Vacation. The City may vacate any City road. right -of -way or other City property which is subject to rights granted by a franchise under this chapter. but the grantee shall be provided notice of such vacation proceedings and the opportunity to secure future use rights as allowed under the City's Municipal Code. Section 28. Adopting Spokane Valley Municipal Code Section 3.65.260. Spokane Valley Municipal Code Section 3.65.260 is adopted as follows: 3.65.260 Abandonment of Grantee's Facilities. No facility constructed or owned by a grantee may be abandoned without the express written consent of the City. Section 29. Adopting Spokane Valley Municipal Code Section 3.65.270. Spokane Valley Municipal Code Section 3.65.270 is adopted as follows: 3.65.270 Maps, Books, and Records. A. Grantee shall provide to the City upon request: 1. A route map that depicts the general location of the cable system facilities placed in the rights -of- way. The route map shall identify cable system facilities as aerial or underground and is not required to depict cable types, number of cables, electronic equipment, and service lines to individual subscribers. The grantee shall also provide, if requested, an electronic format of the aerial/underground facilities in relation to the right -of -way centerline reference to allow the City to add this information to the City's GIS program; and Ordinance 09 -030 Cable Page 18 of 30 DRAFT 2. A copy of all FCC filings which relate to the operation of the cable system in the franchise area. B. To the extent such requests are limited to specific facilities at a given location within the franchise area in connection with the construction of any City project, grantee shall cooperate with the City, upon the City's reasonable request, to field locate its facilities in order to facilitate design and planning of City improvement projects. C. The City has the right to inspect books and records of grantee, which are reasonably necessary to monitor a grantee's compliance with the provision of cable services. Within receipt of written notice from the City to inspect a grantee's books and records under this section, the grantee shall within five business days or a mutually agreeable date and time, accommodate the City's request at the grantee's business office in the City. during normal business hours, and without unreasonably interfering with the grantee's business operations. All such documents pertaining to financial matters shall be preserved and maintained in accordance with grantee's standard record retention policy except for financial records which are governed by SVMC 3.65.050(D). D. The City has the right to request a copy of the books and records that are not identified asproprietary or confidential. For purposes of this section, the terms "proprietary or confidential" include, but are not limited to, information relating to the cable system design, customer lists, marketing plans. financial information unrelated to the calculation of franchise fees or rates pursuant to FCC rules or other information that is reasonably determined by the grantee to be competitively sensitive. 1. The City shall have a right to inspect but the grantee shall not be required to release information that it reasonably deems to be proprietary or confidential in nature provided that this shall not prevent the release of such proprietary or confidential documents for purposes of any enforcement proceeding where appropriate legal steps are available to address grantee's concerns regarding confidentiality. In the event the grantee asserts that certain information is proprietary or confidential in nature, the grantee shall identify generally the information which it deems proprietary and confidential and the reasons for its confidentiality in writing to the City. Each page of such information provided will be clearly marked as "proprietary and confidential." The City agrees to treat any information disclosed by the grantee as confidential and only to disclose it to those employees, representatives, and agents of the City that have a need to know in order to enforce the franchise agreement. and who agree to maintain the confidentiality of all such information. The grantee shall not be required to provide customer information in violation of Section 631 of the Cable Act or any other applicable federal or state privacy law. 2. Information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. The City shall timely provide a grantee with a copy of any public disclosure request to inspect or copy documentation/information which the grantee has provided to the City and marked as "proprietary and confidential" prior to allowing any inspection and /or copying as well as provide the grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non - disclosure of the requested documentation/information. In the event the City disagrees with the grantee's basis for non - disclosure. the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow grantee an opportunity to file a legal action under RCW 42.56.540. Section 30. Adopting Spokane Valley Municipal Code Section 3.65.280. Spokane Valley Municipal Code Section 3.65.280 is adopted as follows: 3.65.280 Reports. Ordinance 09 -030 Cable Page 19 of 30 DRAFT A. File for Public Inspection. A grantee shall maintain at its business office, in a file available for public inspection during normal business hours. those documents required pursuant to the FCC's rules and regulations. B. Complaint File and Reports. A grantee will keep an accurate and comprehensive file of all complaints regarding the system and grantee's actions in response to those complaints in a manner consistent with the privacy rights of subscribers. Upon thirty days written request, grantee will provide a report to the City that contains total number and summary of all complaints received by category. length of time taken to resolve and action taken to provide resolution. C. Annual Report. No later than March 31st of each year. if requested by the City. grantee shall file a written report with the City. which shall include: 1. a summary of the previous calendar year's activities in development of this system, including but not limited to services begun or dropped number of subscribers (including gains and losses). homes passed. and miles of cable distribution plant in service (including different classes if applicable): 2. a gross revenue statement for the preceding fiscal year and all deductions and computations for the period, and such statement shall be reviewed by a certified public accountant, who may also be the chief financial officer or controller of grantee; 3. a current statement of cost of any construction by component category: 4. a summary of complaints, identifying the number and nature of complaints and their disposition: 5. if a grantee is a corporation. a list of officers and members of the board and the officers and board members of any parent corporation: 6. a list of all partners or stockholders holding one percent or more ownership interest in a grantee and any parent corporation: provided, however. that when any parent corporation has in excess of one thousand shareholders and its shares are publicly traded on a national stock exchange, then a list of the twenty largest stockholders of the voting stock of such corporation shall be disclosed; 7. a copy of all of a grantee's written rules and regulations applicable to subscribers and users of the cable system; 8. any additional information related to operation of the cable system as reasonably requested by the City. D. Customer Service Reports. Grantee shall maintain a quarterly compliance report specific to the system in the franchise area and shall provide such report to the City at the request of the City. Such report shall demonstrate grantee's compliance with the customer service standards set forth herein. E. Grantee shall upon request of the City, make available to the Public Works Director a description of construction plans for the following twelve months. F. Grantee shall, upon request of the City, make available a copy of the final report on each proof of performance test of each technical parameter defined in Part 76 of the Rules and Regulations of the FCC. Ordinance 09 -030 Cable Page 20 of 30 DRAFT Section 31. Adopting Spokane Valley Municipal Code Section 3.65.290. Spokane Valley Municipal Code Section 3.65.290 is adopted as follows: 3.65.290 Customer Service Standards A. A grantee shall comply in all respects with the customer service standards contained herein. 13. A grantee shall comply at all times with all applicable federal. state and local laws and regulations regarding discrimination. as adopted or amended. C. In providing service, a grantee shall maintain a convenient local customer service location in either the City of Spokane Valley or the City of Spokane for receiving subscriber payments. handling billing questions, equipment replacement and dispensing customer service information. Also the grantee will endeavor to accommodate a bill payment location in the City as long as there is an acceptable 3' party vendor available to support the service in accordance with the grantee's business practices. D. When similar complaints have been made by a number of subscribers, or where other evidence exists which, in the reasonable judgment of the City, casts doubt on the reliability or quality of the cable service, the City, notwithstanding any other provisions of this franchise agreement. shall have the right and authority to require that grantee test, analyze and report on the performance of the system relative to applicable technical standards of the FCC. Upon 30 -day prior written notice from the City, the grantee shall fully cooperate with the City in performing such testing and shall prepare a written report of the results, if requested. E. A grantee shall satisfy the consumer protection and service standards as outlined below. 1. Cable system office hours and telephone availability: • a. Grantee will maintain a local, toll -free or collect call telephone access line which will be available to its subscribers twenty-four hours a day, seven days a week. Clydinance 09 -030 Cable i. Trained grantee representatives will be available to respond to customer telephone inquiries during normal business hours. ii. After normal business hours, the access line may be answered by a service or an automated response system, including an answering machine. Inquiries received after normal business hours must be responded to by a trained grantee representative on the next business day. b. Under normal operating conditions, telephone answer time by a customer representative, including wait time, shall not exceed thirty seconds when the connection is made. If the call needs to be transferred. transfer time shall not exceed thirty seconds. These standards shall be met no less then ninety percent of the time under normal operating conditions, measured on a quarterly basis. hone answerin ment to measure com.liance with the tele • • • c. Grantee shall standards above. ossess d. Under normal operating conditions, the customer will receive a busy signal less than three percent of the time. Page 21 of 30 DRAFT e. Customer service center and bill payment locations will be open at least during normal business hours. 2. Installations, Outages and Service Calls. Under normal operating conditions, each of the following standards will be met no less than ninety-five percent of the time measured on a quarterly basis: a. Standard installations will be performed within seven business days after an order has been placed. i. The "appointment window" alternatives for installations, service calls and other installation activities will be either a specific time or, at maximum a four - hour time block during normal business hours. (grantee may schedule service calls and other installation activities outside of normal business hours for the express convenience of the customer.) ii. Grantee may not cancel an appointment with a customer after the close of business on the business day prior to the scheduled appointment. iii. If grantee's representative is running late for an appointment with a customer and will not be able to keep the appointment as scheduled, the grantee shall use its best efforts to contact the customer prior to the time of the scheduled appointment. The appointment will be rescheduled. as necessary. at a time which is convenient for the customer. iv. Under normal operating conditions, if grantee cannot perform installations within the times specified in applicable customer standards. the grantee shall offer the subscriber a credit equal to the charge for a standard installation or other compensation of equal or greater value. For non - standard installation grantee shall attempt to contact a subscriber requesting an estimate of charges within seven business days of receiving the request by the subscriber. This subsection does not apply to the introduction of new products and services when grantee is utilizing a phased introduction. b. Excluding conditions beyond the control of grantee, grantee will begin working on "service interruptions" promptly and in no event later than twenty-four hours after the interruption becomes known. Grantee must begin actions to correct other service problems the next business day after notification of the service problem. Grantee shall resolve all service interruptions to the extent reasonably possible within forty-eight hours under normal operating conditions. i. In those cases where service is not restored within twenty -four hours due to unusual circumstances, the reasons for the delay shall be fully documented in an outage log. ii. Under normal operating conditions, if after twenty-four hours service is not restored to a subscriber, grantee shall, upon a subscriber's request, provide a refund or credit or other compensation of equal or greater value. Ordinance 09 -030 Cable Page 22 of 30 DRAFT iii. As subscribers are connected or reconnected to the system. grantee shall, by appropriate means such as a card or brochure, furnish general subscriber information (including. but not limited to, terms of service and procedures for making inquiries or complaints, including the name. address and local telephone number of the employee or employees or agent to whom such inquiries or complaints are to be addressed) and furnish information concerning the City office responsible for the administration of the franchise agreement, including the address and telephone number of said office. 3. Communications between grantee and subscribers. a. Notifications to subscribers. i. Grantee shall provide written information on each of the following areas at the time of installation of service, at least annually to all subscribers and at any time upon request to subscriber or the City: 1. Products and services offered. 2. Prices and options for programming services and conditions of subscription to programming and other services. 3. Installation and service maintenance policies. 4. Instructions on how to use the cable service. 5. Channel positions of the programming carried on the system; and 6. Billing and complaint procedures including the address and telephone number of the City. b. Rate/Programming Changes. i. Subscribers will be notified of any changes in rates, programming services or channel positions as soon as possible in writing. Notice must be given to subscribers a minimum of thirty days in advance of such changes if the changes are within the control of the grantee. In addition. the grantee shall notify subscribers thirty days in advance of any significant changes in the other information required by this section. Grantee shall not be required to provide prior notice of any rate changes as a result of a regulatory fee, franchise fee or other fees. tax, assessment or charge of any kind imposed by any federal agency, state or City on the transaction between the grantee and the subscriber. ii. Grantee shall provide a qualified discount program for senior and disabled customers. iii. All programming decisions remain the discretion of grantee, provided that grantee notifies City and subscribers in writing thirty days prior to any channel additions, deletions or realignments directed to each subscriber individually through mailed notice or as an insert or addendum to the subscriber's monthly bill, email or other means reasonably calculated to give the subscriber and the City advanced notice. and further subject to grantee's signal carriage obligations hereunder and pursuant to 47 U.S.C. & 531 -536, and further subject to City's rights pursuant to 47 U.S.C. & 545. Location and relocation of the PEG channels shall be governed by the franchise agreement, and further to the programming category requirements contained within the franchise agreement. Ordinance 09 -030 Cable Page 23 of 30 DRAFT d. Refunds. Refund checks will be issued promptly, but no later than either: i. the subscriber's next billing cycle following resolution of the request or thirty days. whichever is earlier: or ii. the return of the equipment supplied by grantee if service is terminated. e. Credits. Credits for service will be issued no later than the subscriber's next billine cycle following the determination that a credit is warranted. £ Subscriber Charges. A list of grantee's current subscriber rates and charges for cable service shall be maintained on file with City and shall be available for public inspection. F. A grantee shall comply with all applicable federal and state privacy laws. including Section 631 of the Cable Act and regulations adopted pursuant thereto. Section 32. Adopting Spokane Valley Municipal Code Section 3.65.300. Spokane Valley Municipal Code Section 3.65.300 is adopted as follows: 3.65.300 Cable Advisory Board. City reserves the right to maintain a Cable Advisory Board for advisory purposes only. The grantee agrees to cooperate with reasonable requests for information, through the designated City representative, to support the Cable Advisory Board. Section 33. Adopting Spokane Valley Municipal Code Section 3.65.310. Spokane Valley Municipal Code Section 3.65.300 is adopted as follows: 3.65.310 City Ordinances and Regulations. c. Billing. i. Bills will be clear. concise and understandable. Bills must be fully itemized. with itemizations including.. but not limited to. basic and premium service charges and equipment charges. Bills will also clearly delineate all activity during the billine period, including. optional charges, rebates and credits. ii. Billing complaints shall be responded to promptly. but in no event later than within seven days of receipt. In the event of a conflict between the Municipal Code and regulations and the terms of a franchise granted under this chapter, the terms of the franchise shall control subject to the limitation of the City's exercise of the police powers set forth below. Subject to federal and state preemption, the material terms and conditions contained in the franchise may not be unilaterally altered by the City through subsequent amendments to any ordinance, regulation, resolution or other enactment of the City, except within the lawful exercise of the City's police power. Grantee has the right to challenge any City ordinance or regulation that conflicts with its rights under a franchise. A grantee's rights under a franchise are subject to the police powers of the City to adopt and enforce ordinances necessary to protect the health, safety and welfare of the public and grantee agrees to comply with all applicable laws and ordinances enacted by the City pursuant to such power so long as the same do not unduly discriminate against grantee. Ordinance 09 -030 Cable Page 24 of 30 DRAFT Section 34. Adopting Spokane Valley Municipal Code Section 3.65.320. Spokane Valley Municipal Code Section 3.65.320 is adopted as follows: 3.65.320 Indemnification. A grantee shall. at its sole cost and expense, indemnify and hold harmless the City its officials boards, commissions, agents and employees against any and all third party claims, suits, causes of action, proceedings, and judgments for injury, loss. or damage arising out of the construction, reconstruction, use, operation. ownership and maintenance of the cable system under a franchise agreement, except that no such requirement shall apply where such claims. suits, causes of actions, proceedings, and judgments for damage are occasioned by the active negligence. gross negligence or intentional acts of the City or its officials, boards, commissions, agents and employees while acting on behalf of the City. These damages shall include. but not be limited to. claims made against the City by the franchisee's employees from which the franchisee would otherwise be immune under Title 51 RCW. penalties arising out of copyright infringements and damages arising out of any failure by the grantee to secure consents from the owners. authorized distributors or licensees of programs to be delivered by the grantee's cable system whether or not any act or omission complained of is authorized. allowed, or prohibited by a franchise agreement. Indemnified expenses shall include. but not be limited to, all out -of- pocket expenses. such as costs and attorneys' fees, and shall also include the reasonable value of any services rendered by the Office of the City Attorney, or any outside consultants employed by the City. Grantee shall not be required to provide indemnification to City for programming cablecast over the access channel administered by City. The City shall give the grantee timely written notice of any claim or of the commencement of any action, suit or other proceeding covered by the indemnity in this section, but failure to give notice is not a defense to the indemnification obligations except to the extent of actual prejudice. In the event any such claim arises, the City or any other indemnified party shall tender the defense thereof to the grantee and the grantee shall have the obligation and duty to defend. through services of competent counsel satisfactory to the City, settle or compromise any claims arising thereunder. If the City determines that it is necessary for it to employ separate counsel, the costs for such separate counsel shall be the responsibility of the City. Section 35. Adopting Spokane Valley Municipal Code Section 3.65.330. Spokane Valley Municipal Code Section 3.65.330 is adopted as follows: 3.65.330 Insurance. A. Upon the granting of a franchise agreement under this chapter and following simultaneously with the filing of the acceptance of a franchise agreement and at all times during the term of a franchise agreement, the grantee shall obtain, pay all premiums for, and deliver to the City written evidence of payment of premiums for and a certificate of insurance, naming the City as an additional insured, with a company licensed to do business in the State of Washington with a rating by A.M. Best and Co. of not less than "A" or equivalent, for the following: 1. A comprehensive commercial or general liability insurance policy or policies, issued by an insurance carrier licensed to do business in the State of Washington. Said policy or policies shall pay on behalf of and defend the City, its officials, boards, commissions. agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) on account of personal injury, bodily injury or death of a person or persons or damages to property occasioned by the operations of the grantee under a franchise agreement, or alleged to have been so caused or occurred, with a minimum combined Ordinance 09 -030 Cable Page 25 of 30 DRAFT single limit of $1.000,000 per occurrence. and $2,000,000 general ageregate for personal injury, bodily injury and property damaee. 2. A comprehensive automobile liability insurance policy or policies issued by an insurance carrier licensed to do business in the State of Washineton. Said policy or policies shall pay on behalf of and defend the City. its officials. boards, commissions. agents or employees from any and all claims by any person whatsoever (including the costs, defense costs, attorneys' fees and interest arising therefrom) for bodily injury and property damaee occasioned by any vehicle operation of the grantee, or alleged to have been so caused or occurred, with a minimum liability of $1.000,000 per person and $5.000.000 in any one accident or occurrence. B. Not less than thirty days prior to its expiration. grantee shall deliver to City, a substitute. renewal or replacement policy or bond conforming to the provisions of this Chapter. Section 36. Adopting Spokane Valley Municipal Code Section 3.65.340. Spokane Valley Municipal Code Section 3.65.340 is adopted as follows: 3.65.340 Performance Bond. A. Within sixty days of the effective date of a franchise. grantee will provide a performance bond to the City in the total sum of $250.000. which will remain in effect for the term of the franchise. The performance bond is to ensure the faithful performance of grantee's oblieations under the franchise including the payment by the grantee of any penalties, claims, liens, fees or taxes due the City which arise by reason of the operation, maintenance, or construction of the cable system within the franchise area. B. If a franchise is terminated. or upon expiration or renewal, or transfer of a franchise, the City will return the original bond or sign the necessary documentation to release the bond promptly if grantee does not owe funds to the City or is not in default of a material provision of the franchise. Section 37. Adopting Spokane Valley Municipal Code Section 3.65.350. Spokane Valley Municipal Code Section 3.65.350 is adopted as follows: 3.65.350 Remedies to Enforce Compliance. A. This section does not apply to revocation of a franchise agreement. Whenever the City seeks to enforce a franchise agreement, it shall first provide written notice to the grantee of the nature of the problem and requested action, together with any applicable time frame for response. Any time limits here or in a franchise agreement may be modified by written stipulation of the City and grantee, except time limits relating to revocation of a franchise agreement or where otherwise required by law must be approved by the city council. B. Except in case of urgency or public need relating to management of the public right -of -way as reasonably determined by the City, the grantee has thirty days from receipt of such notice to respond in writing to the City official sending the notice: 1. contesting it; or 2. accepting it and agreeing to cure as requested within time limits specified; or Ordinance 09 -030 Cable Page 26 of 30 DRAFT 3. requesting additional time or other modifications. In such event, grantee shall promptly take all reasonable steps to cure the default, keeping the City informed as to the steps to be taken and a projected completion date. C. If the City is not satisfied with the grantee's response, both parties shall meet informally to discuss the matter. If these discussions do not lead to resolution of the problem, the City shall notify the grantee in writing. Grantee may thereafter request a hearing thereafter as provided in this franchise. D. No provision of a franchise is intended to affect the right of either party to seek judicial relief from a violation of any provision of a franchise, or any regulation or directive under a franchise. The existence of other remedies under a franchise does not limit the right of either party to recover monetary damages, or to seek judicial enforcement of obligations by specific performance, injunctive relief or mandate, or any other remedy at law or in equity Section 38. Adopting Spokane Valley Municipal Code Section 3.65.360. Spokane Valley Municipal Code Section 3.65.360 is adopted as follows: 3.65.360 Liquidated Damages. A. Because grantee's failure to comply with the provisions of a franchise agreement will result in damage to the City and because it will be impractical to determine the actual amount of such damages, the City and grantee hereby agree upon and specify certain amounts set forth hereafter in this section which represent both parties' best estimate of the damages. Damages associated with non - payment of franchise fees are not subject to this section. B. The City shall specify any damages subject to this section and shall include such information in the notice sent to grantee required under SVMC 3.65.350. Such a notice may provide for damages sustained prior to the notice where so provided, and subsequent thereto pending compliance by grantee. C. To the extent that the City elects to assess liquidated damages as provided in this section. and such liquidated damages have been paid. the parties agree that this shall be the City s sole and exclusive damage remedy in lieu of actual damages: provided. however, this shall not limit the right of the City to seek equitable or other relief as reserved in SVMC 3.65.370. D. Unless otherwise provided, liquidated damages do not accrue after the timely filing of a request for hearing by grantee until the time of a decision from the hearing. Nothing in this section prevents the parties from settling any dispute relating to liquidated damages by mutual stipulation. E. Grantee may cure the breach or violation within the time specified to petition for review to the City's satisfaction. whereupon no liquidated damages are assessed. G. After fulfillin: the •rocedure required under SVMC 3.65.350 •rantee has tit' da s to •a such amounts, or grantee may seek review of any assessment of liquidated damages under SVMC 3.65.360. Liquidated damages shall be immediately payable from the performance bond, if review is not sought or if not paid within the thirty day period by the grantee. G. Schedule of Liquidated Damages. Liquidated damages are set as follows. All amounts accrue per day, but not beyond the number of days to exceed the amount of $10,000 per twelve month period unless specifically provided. Nothing requires the City to assess liquidated damages, acting in its sole discretion, but such event does not operate as waiver or estoppel upon the City. Damages resulting from failure to pay franchise fees or PEG capital contributions may be recovered in whole, without limitation. Ordinance 09 -030 Cable Page 27 of 30 DRAFT H. Pursuant to the requirements outlined herein. liquidated damages shall not exceed the following amounts: 1. Five hundred dollars per day for failure to provide cable service as promised in Section 3.65.070 of this chapter; one hundred dollars per day for material departure from the FCC technical performance standards; fifty dollars per day for failure to provide the PEG channel or any PEG fee related thereto which is required hereunder: one hundred dollars per day for each material violation of the customer service standards: twenty five dollars per day for failure to provide reports or notices as required by this chapter; and one hundred dollars per day for any material breaches or defaults not enumerated herein. 2. Where grantee has three or more of the same violation or breach events (an "event" may involve multiple customers. but is discrete in time or circumstances) within any twelve month period. all applicable damages amounts are doubled. Section 39. Adopting Spokane Valley Municipal Code Section 3.65.370. Spokane Valley Municipal Code Section 3.65.370 is adopted as follows: 3.65.370 Hearings. Grantee may request a hearing as follows: A. Grantee files a written request within fourteen days of receipt of a decision it wants reviewed with the City Manager. The request does not stay the effect of the decision or obligation to comply or exercise of any remedy available to the City except as otherwise provided. The City Manager may conduct the hearing or appoint an alternate hearings officer, who shall not be the person issuing the order or such person's subordinate. For matters exceeding $25,000 reasonably estimated value in controversy as determined by the City Manager. the grantee may file a request that the City Hearings Examiner conduct the hearing. A reasonable filing fee may be set by the Hearings Examiner or generally applicable ordinances. B. The hearing may be informal and shall be conducted within twenty days. with at least ten days prior notice to both sides. The official conducting the hearing is responsible to keep a record of any materials submitted and shall record the hearing by video or audio tape. for matters exceeding $25,000 reasonable estimated value amount in controversy. A written decision shall be issued within ten days. Either party may appeal the decision to a court of competent jurisdiction within thirty days. C. Except where otherwise provided, at the conclusion of the City hearings process, if grantee remains in default, it shall correct said default in fifteen days or as otherwise ordered by the City. In the event the grantee does not cure within such time to the City's reasonable satisfaction, the City may: 1. seek specific performance of any provision that reasonably lends itself to such remedy as an alternative to damages, or seek other equitable relief; and /or 2. assess liquidated damages resulting from grantee's default if not already done or await the conclusion of the judicial process. D. Where grantee seeks judicial review and ultimately prevails. any money judgment against the City shall be paid or may thereafter be offset by grantee, in grantee's discretion, against further franchise fee Ordinance 09 -030 Cable Page 28 of 30 DRAFT payments due to the City. In such event, grantee shall notify the City at least sixty days prior to apply the offset. E. Nothing in this section limits the City's right to seek to revoke a franchise agreement in accordance with SVMC 3.65.380. Section 40. Adopting Spokane Valley Municipal Code Section 3.65.380. Spokane Valley Municipal Code Section 3.65.380 is adopted as follows: 3.65.380 Revocation. A. The City may revoke a franchise agreement made under this chapter and rescind all rights and privileges associated therewith in the following circumstances: 1. Grantee abandons the cable system, fails to cure a non - payment of a quarterly franchise fee within 30 days of the required payment date, or terminates the cable system's operations: or 2. Grantee has a pattern of failing to perform the material obligations listed under SVMC 3.65.360(8): or 3. Grantee attempts to evade any material provision of the franchise agreement or practices any fraud or deceit upon the City or subscribers. B. Prior to revocation of a franchise agreement, the City shall give written notice to the grantee of its intent to revoke the franchise agreement, setting forth the exact nature of the noncompliance. The grantee shall have thirty days from such notice to object in writing and to state its reasons for such objection and provide any explanation. In the event the City has not received a timely and satisfactory response from the grantee, it may then seek a revocation of the franchise agreement by the City Council in accordance with this section. C. The grantee may file a revocation hearings request within 14 days of the City's written notice of intent to revoke the franchise with the City Hearings Examiner. The filing fee shall be established by separate resolution. and is considered an appeal of an administrative decision. Any revocation hearing under this subsection shall be consistent with SVMC 17.90, except as specifically set forth below. This shall provide the grantee a fair opportunity for full participation, including the right to be represented by legal counsel, and to introduce evidence. Within 20 days of the hearing, the Hearing Examiner shall issue a recommendation to the city council. At the next available city council meeting with notice provided to the grantee the city council shall review the City Hearing Examiner's record and recommendation, allowing the grantee an opportunity to state its position on the matter reserving the right to set reasonable time limits. Within sixty days after the review, the city council shall determine whether to revoke the franchise agreement or if the breach at issue is capable of being cured by the grantee, direct thantee to take appropriate remedial action within the time and in the manner and on the terms and conditions that the city council determines are reasonable under the circumstances. The city council shall issue a written decision and shall transmit a copy of the decision to the grantee. Any appeal of the decision by the city council shall be to Spokane County Superior Court within thirty (30) days of adoption of the decision. Upon timely appeal, the effect of the revocation is stayed pending final judicial resolution, but this shall not affect accrual of penalties or the right of the City to take any other enforcement action, including curing the default at grantee's expense and liability, also subject to judicial review. The parties shall be entitled to such relief as the court may deem appropriate. D. The city council may in its sole discretion take any lawful action that it deems appropriate to enforce Ordinance 09 -030 Cable Page 29 of 30 DRAFT the City's rights under the franchise agreement in lieu of revocation. Section 41. Adopting Spokane Valley Municipal Code Section 3.65.390. Spokane Valley Municipal Code Section 3.65.390 is adopted as follows: 3.65.390 Conditions of Sale. If a renewal of a franchise agreement is denied or a franchise agreement is lawfully terminated and the City lawfully acquires ownership of the cable system or by its actions lawfully effects a transfer of ownership of the cable system to another person. any such acquisition or transfer shall be at a price determined pursuant to the provisions of the Cable Act. Section 42. Adopting Spokane Valley Municipal Code Section 3.65.400. Spokane Valley Municipal Code Section 3.65.400 is adopted as follows: 3.65.400 Transfer of Rights. A franchise granted under this chapter may not be assigned or transferred without the written approval of the City pursuant to the provisions of the Cable Act. However, grantee can assign or transfer a franchise without approval of but upon notice to the City to any parent, affiliate or subsidiary of grantee or to any entity that acquires all or substantially all the assets or equity of grantee, by merger, sale, consolidation or otherwise and for transfers in trust obtained to finance constmction or operations of a cable system by pledging the system as collateral. Section 43. 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 44. 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. ATTEST: Adopted this day of , 2009. Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney City of Spokane Valley Richard M. Munson, Mayor Ordinance 09 -030 Cable Page 30 of 30 Meeting Date: October 13, 2009 CITY OF SPOKANE VALLEY Request for Council Action City Manager Sign -off: Item: Check all that apply: e consent ❑ old business Z new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Planning Commission Mayoral Appointment GOVERNING LEGISLATION: Spokane Valley Municipal Code: 18.10 Establishment and purpose. The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. Membership: A. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City of Spokane Valley. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members /Terms. The planning commission shall consist of seven members. All members shall reside within the City of Spokane Valley. The terms for commissioners is three years, and terms expire on the thirty-first day of December. BACKGROUND: This appointment will fill a vacancy left by Ian Robertson when he was appointed to the Interim council position. Mr. Robertson's Planning Commission term was from Jan 2009 through 12- 31 -2009; and thus this appointment will complete Mr. Robertson's term which was to end 12 -31 -2009. Other vacancies cooling in the near future include: 1. Eventual replacement of Tom Towey, tern of January 2009 through 12 -31 -2011 2. Marcia Sands and John Carroll's terms end 12- 31 -09. OPTIONS: (1) Approve the Mayor's Recommended Appointment; (2) Choose not to approve; or (3) Take other action deemed appropriate by council. RECOMMENDED ACTION OR MOTION: Move to confirm Mayor Munson's recommended appointment of Rustin Hall to the Planning Commission for a term beginning immediately and ending 12- 31 -2009. BUDGET/FINANCIAL IMPACTS: STAFF /COUNCIL CONTACT: Mayor Munson, City Clerk Bainbridge ATTACHMENTS Meeting Date: 10 - 13 - 09 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation CITY OF SPOKANE VALLEY Request for Council Action AGENDA ITEM TITLE: Motion Consideration: Legislative Agenda GOVERNING LEGISLATION: None PREVIOUS COUNCIL ACTION TAKEN: Annually, the Council considers various legislative topics to determine how best to protect and promote the interests of the City. As the "short" session of the Washington Legislature approaches, it is once again time to consider what matters the City Council wishes to promote on behalf of the City. BACKGROUND: Most government associations are strive to adopt a Preliminary Legislative Agenda in October in order to gain attention for potential inclusion in the Governors' Budget in advance of the upcoming session of the Washington State Legislature. Hence, Spokane Valley would do well to adopt such an agenda by October 13. Please refer to the attached Preliminary Legislative Agenda offered for Council consideration and discussion. OPTIONS: 1. Discuss an initial legislative agenda. 2. Revise the proposed agenda. 3) Give the matter further thought. RECOMMENDED ACTION OR MOTION: Move to adopt the 2010 Legislative Agenda BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier and Mayor Munson S�YO�II� P Valley® II The following is the initial legislative agenda adopted by Council: Ei2ht Principle Items of Interest: 1) Street utility enabling legislation: Council has seen several presentations regarding Spokane City Councilman Al French's proposed street utility legislation and has previously shown support of the legislation. The proposal enables legislation to allow local control and determination by city councils and local electorates to decide if it is a tool they want to use in their community to attend to street maintenance functions. 2) Increased state funding for the 911 system: Rates applied to telephone and other bills that generate revenue for the 911 systems are set by state legislature and have not been revised for a long time. Many 911 centers are advising their constituents that they are not able to hold a budget below the current revenues and have expressed a need for state relief. 3.) Seek $300, 000 for the acquisition of park land adjacent to the Park Road pool and Centennial Middle School. Spokane Valley has a population of 89,440 people but only 172 acres of public parks — drastically below the 6.25 - 10.5 acres /1,000population (559 — 938 acres) specified in the Parks Master Plan. Spokane Valley has successfully partnered with the State Legislature in the acquisition and development of Greenacres Park, adjacent to Central Valley School District's future elementary school. We want to ask the Capital Budget Committee for support in replicating our success in co- locating public assets in under -served and economically distressed neighborhoods. 4) Law Enforcement District enabling legislation: Law enforcement needs and resources vary in jurisdictions across the state like those for fire prevention and suppression. More tools are needed to best consolidate, deploy and pay for law enforcement services. Use of fire districts has proven to be a viable system for the provision of essential public services and many jurisdictions may derive benefit from providing law enforcement services under a similar system. 5) Securing state funding for statewide communications interoperability infrastructure: Locally the citizens have approved a sales tax increase that includes 1 /10 of 1% for communication equipment; however, the revenue is insufficient to fund all five items within that initiative. Interoperability is a statewide concem and according to the Association of Washington Cities, there is a $400 million problem to be resolved. 6) Reasonable legislation related to the "cap and trade" provisions of climate control regulations under consideration: Council has heard repeated reports on the climate control and change regulations being discussed in Olympia as well as Washington D.C., using the term "cap and trade" in reference to efforts to reduce our carbon footprint. We want to be aware of the options under consideration for regulatory for enactment. 7) Access to enhanced state fuel purchasing power. We have a desire to determine if there is a way to access enhanced state fuel purchasing power related to the large amount of fuel purchased by state, county and city organizations to operate government vehicles. Exploration of methods that aggregate governmental purchasing power that may drive down the cost of the fuel purchases is warranted. 8.) Provide support for the Association of Washington Cities' legislative agenda items that serve the best interests of the City of Spokane Valley. Spokane Valley 2010 Legislative Agenda Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 13, 2009 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 Consideration: Council Position, Initiative 1033 GOVERNING LEGISLATION: RCW 42.17.130 Guidance on Ballot Issues includes that members of the public are afforded an approximately equal opportunity for the expression of views in favor and against a ballot issue. BACKGROUND: BALLOT TITLE: Initiative Measure No. 1033 concerns state, county and city revenue. This measure would limit growth of certain state, county and city revenue to annual inflation and population growth, not including voter - approved revenue increases. Revenue collected above the limit would reduce property tax levies. Should this measure be enacted into law? [ ] Yes [ ] No RECOMMENDED ACTION: 1. Allow up to ten minutes for a speaker to speak in favor of the measure; 2. Allow up to ten minutes for a speaker to speak in opposition to the measure; 3. Open the floor for general comments, with a maximum comment period of 3 minutes per speaker (a) from those speaking for the measure; then (b) from those speaking against the measure; and then (c) for general comments neither for or against the measure. RECOMMENDED MOTION: After hearing public expression in favor and in opposition to the ballot issue, Council may consider a motion to support, not support, or stay neutral regarding this proposed initiative. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mike Connelly /Chris Bainbridge ATTACHMENTS: Initiative Measure No. 1033 Initiative Measure No. 1033 COMPLETE TEXT AN ACT Relating to protecting taxpayers by limiting the tax burden on Washington's citizens; adding a new section to chapter 43.135 RCW; amending RCW 84.52.065; adding new sections to chapter 36.33 RCW; adding new sections to Title 35 RCW; adding new sections to Title 35A RCW; amending RCW 84.52.043; amending RCW 84.55.010; and creating new sections. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: POLICIES AND PURPOSES NEW SECTION. Sec. 1. This measure is intended to protect taxpayers by reducing our state's obscene and unsustainable property tax burden by controlling the growth of government to an affordable level. It is long overdue. This measure would limit the growth rate of state, county, and city general fund revenue, not including new voter - approved revenue, to inflation and population growth. Excess revenue collected above these limits would be used to reduce property taxes. This measure permits the growth of Washington's tax burden to increase at an affordable, sustainable rate, allows citizens to vote for higher taxes where they see a need, and uses excess revenues above this limit to reduce property taxes. Intent of sections 2(7), 4(7), 6(7) and 8(7): Voter - approved increases in revenue are exempt from this measure's revenue limit. This includes binding votes of the people and does not include a revenue increase approved by an advisory vote. The language of this Code Rev /JM:segl [08/16/2002) I- 1630.1/03 act is clearly intended to ensure that voter approval of a property tax levy lid lift only exempts the additional increase in property tax revenue and not the base levy. Intent of sections 2(8), 4(8), 6(8) and 8(8): In order to ensure affordability, sustainability, and predictability of the people's tax burden, the rate of growth of general fund revenue, not including new voter - approved revenue, shall not exceed inflation and population growth. The general fund revenue limit for 2010 will be the revenue collected and received in 2009, adjusted for inflation for 2009 and population growth using determinations by the office of financial management in 2009 and 2010 (new voter - approved revenues are exempt). The general fund revenue limit in 2011 will be the general fund revenues received in 2010 that do not exceed the limit for 2010, adjusted for inflation and population growth using determinations by the office of financial management in 2010 and 2011 (new voter - approved revenues are exempt). The people want the revenue limit for any year to be the previous year's general fund revenue plus an adjustment for that year's inflation and population growth. This will ensure that the rate of growth of our tax burden does not exceed the taxpayers' ability to afford it. Intent concerning inflation and population growth: This measure limits state, county, and city general fund revenue increases, not including new voter - approved increases, to inflation and population growth. The office of financial management reports the bureau of economic analysis' calculation for annual inflation on March 27 following each calendar year; this measure uses that calculation to define inflation. The office of financial management annually develops and tracks populations for the state, counties, and cities and generally reports its determinations each year on June 30. It is an extensive, detailed and long- standing demographic program. This measure defines population growth as the percentage change in population based on those determinations made in the current year Code Rev /JM:seg2 [08/16/2002] 1- 1630.1/03 and the previous year; this measure uses those calculations to define population growth. Intent of section 11: Property tax increases are limited to one percent per year. This measure makes the calculation of that limit. Instead, it requires property taxes when general fund revenues exceed the currently no change to a reduction in revenue limit. Intent related to reserve accounts: This measure exempts fund transfers in and out of the constitutionally required rainy day fund for the state. In regard to cities and counties, this measure makes no change to the ability of any city or county to use existing and future reserve funds to supplement their general fund revenue when revenue is below their revenue limit. During these tough economic times, struggling working families and fixed - income senior citizens desperately need and deserve meaningful property tax relief. Property taxes have skyrocketed for decades and politicians have done nothing to address this very real problem. This measure also provides a much - needed economic stimulus to our state's struggling economy by keeping our tax burden at an affordable, sustainable level and by reducing our state's crushing property tax burden. So, this measure ensures meaningful tax relief, a big boost to our state's economy, and long- overdue reform of government. It is a smart, balanced, reasonable solution to our state's property tax problem. LIMITING THE TAX BURDEN OF WASHINGTON'S CITIZENS BY LIMITING THE GROWTH OF STATE GOVERNMENT'S GENERAL FUND REVENUE, NOT INCLUDING NEW VOTER- APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH. EXCESS REVENUE ABOVE THIS LIMIT WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY STATE GOVERNMENT NEW SECTION. Sec. 2. A new section is added to chapter 43.135 RCW to read as follows: (1) The growth rate of state government general fund revenue, not including new voter - approved revenue, must be limited to inflation and population growth. As provided in subsection (8) of this Code Rev /JM:seg3 [08/16/2002] I- 1630.1/03 section, any revenues received above this limit must be deposited into a new account hereby created called the "Lower State Property Taxes Account." All revenues received during a year which are deposited in this account must be used to reduce the subsequent year's state property tax levy as provided in section 3 of this act. (2) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees, and other governmental charges received by state government that are deposited in any fund subject to the state expenditure limit under RCW 43.135.025. "General fund revenue" does not include the funds required to be transferred into the fund created under Article 7, Section 12 of the state constitution and does not include funds transferred from that fund. "General fund revenue" does not include revenue received from the federal government. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of this section, "population growth" means the the statewide population based on the annual determinations reported by the office of during the prior calendar year and the current percentage change in statewide population financial management calendar year. (5) If the cost the state general fund limit under RCW 43.135.025, on or after source of funding, or of any state program or function is shifted from or any fund subject to the state expenditure January 1, 2009, to another if revenue is transferred from the state general fund or any fund subject to the state expenditure limit under RCW 43.135.025 to another fund or account, the limit required by this section shall apply to the aggregate of funds subject to the state expenditure limit under RCW 43.135.025, plus the shifted and /or transferred revenue for that year and all subsequent years. (6) If the cost of any state program or function and the revenue to fund the program or function are shifted to the state general Code Rev /JM:seg4 [08/16/2002] I- 1630.1/03 fund or any fund subject to the state expenditure limit under RCW 43.135.025, on or after January 1, 2009, the limit required by this section shall apply to the aggregate of funds subject to the state expenditure limit under RCW 43.135.025, including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter - approved revenue" is defined as the increase in revenue approved by the state's voters at an election after the effective date of this act. (8) The limit established in subsection (1) of this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not including new voter - approved revenue, received above the amount received in 2009 adjusted by any amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower State Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter - approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower State Property Taxes Account," adjusted by any amount necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower State Property Taxes Account." Sec. 3. RCW 84.52.065 and 1991 sp.s. c 31 s 16 are each amended to read as follows: (1) Subject to the limitations in RCW 84.55.010, in each year the state shall levy for collection in the following year for the support of common schools of the state a tax of three dollars and sixty cents per thousand dollars of assessed value upon the assessed valuation of all taxable property within the state adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue. (2) The state property tax levy must be reduced from the amount that could otherwise be levied under subsection (1) of this section Code Rev /JM:seg5 [08/16/2002] I- 1630.1/03 by an amount equal to the cross deposits to the "Lower State Property Taxes Account" established in section 2 of this act from the previous Year. (3) The balance of the "Lower State Property Taxes Account" must be transferred each year to the general fund to account for the reduction of the levy as provided in subsection (2) of this section. (4) As used in this section, "the support of common schools" includes the payment of the principal and interest on bonds issued for capital construction projects for the common schools. LIMITING THE TAX BURDEN OF WASHINGTON'S CITIZENS BY LIMITING THE GROWTH OF EACH COUNTY'S GENERAL FUND REVENUE, NOT INCLUDING NEW VOTER - APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH. EXCESS REVENUE ABOVE THIS LIMIT WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY EACH COUNTY NEW SECTION. Sec. 4. A new section is added to chapter 36.33 RCW to read as follows: (1) The growth rate of each county government's general fund revenue, not including new voter - approved revenue, must be limited to inflation and population growth. As provided in subsection (8) of this section, each county must deposit revenues received above this limit in a new account created by the county called the "Lower County Property Taxes Account." All revenues received during a year which are deposited in this account must be used to reduce the subsequent year's county property tax levy by the amount of gross deposits in the account. (2) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees, and other governmental charges received by the county that are deposited in the county's current expense fund. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. Code Rev /JM:seg6 [08/16/2002] I- 1630.1/03 (4) For purposes of this section, "population growth" means the percentage change in the countywide population based on the annual countywide population determinations reported by the office of financial management during the prior calendar year and the current calendar year. (5) If the cost of any county program or function is shifted from the county's current expense fund on or after January 1, 2009, to another source of funding, or if revenue is transferred from the county's current expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the county's current expense fund plus the shifted and /or transferred revenue for that year and all subsequent years. (6) If the cost of any county program or function and the revenue to fund the program or function are shifted to the county's current expense fund on or after January 1, 2009, the limit required by this section shall apply to the aggregate of the county general fund including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter - approved revenue" is defined as the increase in revenue approved by the county's voters at an election after the effective date of this act. (8) The limit established in subsection (1) of this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not including new voter - approved revenue, received above the amount received in 2009 adjusted by any amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower County Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter - approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower County Property Taxes Account," adjusted by an amount necessary to reflect inflation for the immediately prior calendar Code Rev /JM:seg7 [08/16/2002] 1- 1630.1/03 year and population growth, must be deposited in the "Lower County Property Taxes Account." NEW SECTION. Sec. 5. A new section is added to chapter 36.33 RCW to read as follows: Any county's property tax levy shall be reduced from the amount that could otherwise be levied under RCW 84.52.043 of this section by an amount equal to the previous year's gross deposits to that county's "Lower County Property Taxes Account" established in section 4 of this act. LIMITING THE TAX BURDEN OF WASHINGTON'S CITIZENS BY LIMITING THE GROWTH OF EACH CITY'S GENERAL FUND REVENUE, NOT INCLUDING NEW VOTER - APPROVED REVENUE, TO INFLATION AND POPULATION GROWTH. EXCESS REVENUE ABOVE THIS LIMIT WOULD BE USED TO REDUCE PROPERTY TAXES IMPOSED BY EACH CITY NEW SECTION. Sec. 6. A new section is added to Title 35 RCW to read as follows: (1) The growth rate of each city government's general fund revenue, not including new voter - approved revenue, must be limited to inflation and population growth. As provided in subsection (8) of this section, each city must deposit revenues received above this limit in a new account created by the city called the "Lower City Property Taxes Account." All revenues received during a year which are deposited in this account must be used to reduce the subsequent year's city property tax levy by the amount of gross deposits in the account. (2) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees, and other governmental charges received by the city that are deposited in the city's current expense fund. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each Code Rev /JM:seg8 [08/16/2002] I- 1630.1/03 calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of this section, "population growth" means the percentage change in the city wide population based on the annual city wide population determinations reported by the office of financial management during the prior calendar year and the current calendar year. (5) If the cost of any city program or function is shifted from the city's current expense fund on or after January 1, 2009, to another source of funding, or if revenue is transferred from the city's current expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the city's current expense fund plus the shifted and /or transferred revenue for that year and all subsequent years. (6) If the cost of any city program or function and the revenue to fund the program or function are shifted to the city's current expense fund on or after January 1, 2009, the limit required by this section shall apply to the aggregate of the city's current expense fund including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter - approved revenue" is defined as the increase in revenue approved by the city's voters at an election after the effective date of this act. (8) The limit established in subsection (1) of this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not including new voter - approved revenue, received above the amount received in 2009 adjusted by an amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter - approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower City Property Taxes Account," adjusted by an amount Code Rev /JM:seg9 [08/16/2002] 1- 1630.1/03 necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." NEW SECTION. Sec. 7. A new section is added to Title 35 RCW to read as follows: Any city's property tax levy must be reduced from the amount that could otherwise be levied under RCW 84.52.043 of this section by an amount equal to the gross deposits to that city's "Lower City Property Taxes Account" established in section 6 of this act from the previous year. NEW SECTION. Sec. 8. A new section is added to Title 35A RCW to read as follows: (1) The growth rate of each city government's general fund revenue, not including new voter - approved revenue, must be limited to inflation and population growth. As provided in subsection (8) of this section, each city must deposit revenues received above this limit in a new account created by the city called the "Lower City Property Taxes Account." All revenues received during a year which are deposited in this account must be used to reduce the subsequent year's city property tax levy by the amount of gross deposits in the account. (2) For purposes of this section, "general fund revenue" means the aggregate of revenue from taxes, fees, and other governmental charges received by the city that are deposited in the city's current expense fund. (3) For the purposes of this section, "inflation" means the annual percentage change in the implicit price deflator for the United States as published on or about March 27 following each calendar year by the bureau of economic analysis and reported by the office of financial management. (4) For purposes of this section, "population growth" means the percentage change in the city wide population based on the annual city wide population determinations reported by the office of Code Rev /JM:seg10 [08/16/2002] I- 1630.1/03 financial management during the prior calendar year and the current calendar year. (5) If the cost of any city program or function is shifted from the city's current expense fund on or after January 1, 2009, to another source of funding, or if revenue is transferred from the city's current expense fund to another fund or account, the limit required by this section shall apply to the aggregate of the city's current expense fund plus the shifted and /or transferred revenue for that year and all subsequent years. (6) If the cost of any city program or function and the revenue to fund the program or function are shifted to the city's current expense fund on or after January 1, 2009, the limit required by this section shall apply to the aggregate of the city's current expense fund including the shifted revenue for that year and all subsequent years. (7) For the purposes of this section, "new voter - approved revenue" is defined as the increase in revenue approved by the city's voters at an election after the effective date of this act. (8) The limit established in subsection (1) of this section must be implemented as follows: (a) For the first calendar year beginning after the effective date of this act, the general fund revenue, not including new voter - approved revenue, received above the amount received in 2009 adjusted by an amount necessary to reflect inflation for the 2009 calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." (b) For subsequent years, the general fund revenue, not including new voter - approved revenue, received above the amount received in the immediately prior calendar year, less any deposits into the "Lower City Property Taxes Account," adjusted by an amount necessary to reflect inflation for the immediately prior calendar year and population growth, must be deposited in the "Lower City Property Taxes Account." Code Rev /JM:segll [08/16/2002] 1- 1630.1/03 NEW SECTION. Sec. 9. A new section is added to Title 35A RCW to read as follows: Any city's property tax levy must be reduced from the amount that could otherwise be levied under RCW 84.52.043 of this section by an amount equal to the gross deposits to that city's "Lower City Property Taxes Account" established in section 8 of this act from the previous year. Sec. 10. RCW 84.52.043 and 2005 c 122 s 3 are each amended to read as follows: Within and subject to the limitations imposed by RCW 84.52.050 as amended, the regular ad valorem tax levies upon real and personal property by the taxing districts hereafter named shall be as follows: (1) Levies of the senior taxing districts shall be as follows: (a) The levy by the state shall not exceed three dollars and sixty cents per thousand dollars of assessed value adjusted to the state equalized value in accordance with the indicated ratio fixed by the state department of revenue to be used exclusively for the support of the common schools; (b) the levy by any county shall not exceed one dollar and eighty cents per thousand dollars of assessed value; (c) the levy by any road district shall not exceed two dollars and twenty -five cents per thousand dollars of assessed value; and (d) the levy by any city or town shall not exceed three dollars and thirty - seven and one -half cents per thousand dollars of assessed value. However any county is hereby authorized to increase its levy from one dollar and eighty cents to a rate not to exceed two dollars and forty -seven and one -half cents per thousand dollars of assessed value for general county purposes if the total levies for both the county and any road district within the county do not exceed four dollars and five cents per thousand dollars of assessed value, and no other taxing district has its levy reduced as a result of the increased county levy. (2) The aggregate levies of junior taxing districts and senior taxing districts, other than the state, shall not exceed five dollars and ninety cents per thousand dollars of assessed valuation. The term "junior taxing districts" includes all taxing districts other than Code Rev /JM:seg12 [08/16/2002] I- 1630.1/03 the state, counties, road districts, cities, towns, port districts, and public utility districts. The limitations provided in this subsection shall not apply to: (a) Levies at the rates provided by existing law by or for any port or public utility district; (b) excess property tax levies authorized in Article VII, section 2 of the state Constitution; (c) levies for acquiring conservation futures as authorized under RCW 84.34.230; (d) levies for emergency medical care or emergency medical services imposed under RCW 84.52.069; (e) levies to finance affordable housing for very low- income housing imposed under RCW 84.52.105; (f) the portions of levies by metropolitan park districts that are protected under RCW 84.52.120; (g) levies imposed by ferry districts under RCW 36.54.130; (h) levies for criminal justice purposes under RCW 84.52.135; and (i) the portions of levies by fire protection districts that are protected under RCW 84.52.125. (3) The limitations in subsections (1) and (2) for the levies by the state, counties and cities must be further adjusted as provided in sections 2. 4. 6 and 8 of this act. Sec. 11. RCW 84.55.010 and 2006 c 184 s 1 are each amended to read as follows: Except as provided in this chapter, the levy for a taxing district in any year shall be set so that the regular property taxes payable in the following year shall not exceed the limit factor multiplied by the amount of regular property taxes lawfully levied for such district plus revenues deposited as provided in sections 2(7), 4(7), 6(7) and 8(7) of this act in the highest of the three most recent years in which such taxes were levied for such district plus an additional dollar amount calculated by multiplying the increase in assessed value in that district resulting from new construction, increases in assessed value due to construction of electric generation wind turbine facilities classified as personal property, improvements to property, and any increase in the assessed value of state - assessed property by the regular property tax levy rate of that district for the preceding year. The adjustments Code Rev /JM:seg13 [08/16/2002] 1- 1630.1/03 provided in sections 2, 4, 6, and 8 of this act provide a limitation on property tax levies which is in addition to the limit factor in this section. CONSTRUCTION CLAUSE NEW SECTION. Sec. 12. The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act. SEVERABILITY CLAUSE NEW SECTION. Sec. 13. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. MISCELLANEOUS NEW SECTION. Sec. 14. Subheadings used in this act are not part of the law. NEW SECTION. Sec. 15. This act shall be known and cited as the Lower Property Taxes Act of 2009. Code Rev /JM:segl4 [08/16/2002] I- 1630.1/03 Sprague Appleway Revitalization Plan Marketing Plan Prepared by Greater Spokane Incorporated DRAFT FOR PRESENTATION ON 10/13/09 Greater Spokane Incorporated Marketing Plan 10/7/2009 Our Values • Community Identity and Pride - Spokane Valley promotes an environment that supports the home and family, and job and education opportunities. • Focus on the Future - Spokane Valley is a visionary city encouraging its citizens and their government to look to the future beyond the present generation, and to bring such ideas to public discussion, enhancing a sense of community identity. • Open, Collaborative Govemment - Spokane Valley values a "user- friendly govemment, in which govemance practices and general operations consider how citizens will be served in the most responsive, effective and courteous manner. The History Incorporated in 2003, the City of Spokane Valley holds the distinction of being one of the newest and largest cities in Washington State. With an estimated population of 89,440 (WA State OFM, 2008), the City ranks as the seventh largest in the state. The City of Spokane Valley is home to approximately 6,000 businesses, with annual estimated annual retail sales of $1.89 billion in 2008. The majority of these businesses are focused in the retail, construction and hospitality industries. There are many recreational opportunities in and near Spokane Valley, with eleven city parks, three city pools and seven miles of the Centennial Trail. The City of Spokane Valley is also home to three major public facilities including CenterPlace Regional Event Center, Avista Stadium and Spokane County Fair and Expo Center. Greater Spokane Incorporated 10/7/2009 Spokane Valley Community Vision A community of opportunity where individuals and families can grow and play, and businesses will flourish and prosper. Spokane Valley prides itself on quality neighborhoods and schools, along with strong business and retail centers. Friendly people, natural surroundings and beautiful weather are part of what make Spokane Valley a favorite destination for visitors from all over the world. With all four seasons represented, there are an abundance of recreation activities. There are also four ski resorts, 75 lakes within an hour's drive, and many hiking and biking trails to enjoy. Marketing Plan SECTION I Existing Outreach The City's Administrative department has developed a number of community outreach activities that it uses to inform its constituency of important City activities, events, feedback opportunities, etc. These outreach activities can be leveraged for some components of the marketing plan. o Website The City's website is an excellent vehicle for outreach. Much work has gone into the formatting of the site to make it easy to navigate and locate desired information. Greater Spokane Incorporated would recommend that a new section be added specifically targeted to developers and brokers, highlighting the corridor and specifically the City Center plan. Information that needs to be added to this site includes: • Entitlements - SEPA pre - approval /conforming buildings /renderings • Sales and lease prices • Lot sizes • Utilities and services available to each lot • Specific incentives that the City is willing to offer • Photo of the site • Map of the district • Contact information This information can also be leveraged for other websites and other types of collateral. o Newsletters The City's quarterly Hot Topic newsletter is an ideal outreach method to use for education awareness and information for the local community for this project. Articles about the corridor have already been included in this newsletter and plans for future issues should include new information once it has been developed. Greater Spokane Incorporated Marketing Plan 10/7/2009 • Direct Mailings or inserts • Events o Continue to leverage existing events occurring at the planned City Center site • Lighting of the Christmas Tree • Santa's arrival — Check on all of this • Parade staging • Etc. o Create new events • Holidays — trick or treat, Thanksgiving Art Walk, Singing Christmas Tree, etc. • Sporting events • Farmer's market or public market • ValleyFest events • Car shows • Etc. Greater Spokane Incorporated Marketing Plan 10/7/2009 The overall objectives of this marketing plan are: • Education and Awareness • Attraction and Retention of Business • Attraction of New Real Estate Development Investments • Attraction of Consumers Greater Spokane Incorporated proposes to do this using the following strategies and tactics which will be done in conjunction with the City of Spokane Valley staff and resources. While most of the activities can be accomplished by leveraging existing activities and tactics, some may require additional resources and funding. These types of activities could include incentive programs (districts, infrastructure, local revitalization area) which may temporarily have an impact on the City budget, but overall help create new revenue streams for the future growth and development of Spokane Valley. All communication should be clear that this is a multi -year effort. Section I — Infrastructure Needs Section II — Existing Outreach Section 111— New Outreach Section IV — Tactical Plan Greater Spokane Incorporated Marketing Plan 10/7/2009 SECTION I Infrastructure Needs o Develop funding plan • Federal Funding opportunities - FTA, earmarks /appropriations, stimulus Phase 11/111 • State funding opportunities - TIB, DOT pedestrian and bicycle safety, Washington Wildlife and Recreation Program, PWTF • Incentive programs, i.e., LRA, TIF /LIFT, CERB • Others - BID, LID, impact fees, transportation benefit districts, real estate excise tax o Street network improvements • Design, planning and phasing needs to be completed for City Center o Strreetscape improvements • Take advantage of smaller funding opportunities • Private /corporate donations • Begins to communicate the vision • Landscaping /planting strips • Banners • Waste receptacles • Seating • Lighting c. Destination attractions — pre -City Hall • Green space • i.e., Pocket Park or dog park • Blue space • Splash pad or fountain • Hardscape • Benches • Artwork • Pedestrian path /bike path • Skatepark Greater Spokane Incorporated Marketing Plan 10/7/2009 The Opportunity Strengthening the Core of Economic Stability and Vitality In the City of Spokane Valley The City of Spokane Valley has seized the opportunity to create an identity for itself as a progressive, economically- oriented municipality by focusing on a revitalization effort at the heart of the community. The Spokane Valley City Council has identified revitalization of the Sprague and Appleway corridor as one of its top economic development and community development priorities. Located in the heart of Spokane Valley, the corridor is also proposed to be the location for a City Center. The Sprague and Appleway corridor has faced declining retail, housing, commercial and other private investment. Citizen surveys, focus groups and workshops have been used to gauge community input and interests in establishing a long -range plan that will bring economic success and investment. The time is now to create a catalyst for renewed energy and investment in the heart of the city. Greater Spokane Incorporated is the associate development organization and economic development council for Spokane County. Our primary goals are to increase private investment and grow jobs in our region. In addition to helping local companies grow and expand, Greater Spokane Incorporated also markets the region to international and national site selectors to assist in the recruitment of new companies and investments. Mayor Rich Munson has requested that Greater Spokane Incorporated develop a marketing plan to assist the City with promoting and positioning the Sprague and Appleway corridor as an ideal site for retail and commercial investment. As part of the preparation for this marketing plan, Greater Spokane Incorporated performed research on internal and external audiences and on comparable projects. The primary external audience for this marketing plan is real estate brokers and corporate site selectors in the retail market. We reviewed regional real estate stats for 2008 and early 2009 to gain a perspective on how this corridor fits into the overall regional real estate market. The Spokane region's retail market remained strong throughout 2008, with a softening occurring in the second half of the year. The Spokane Valley however added new retail property and vacancies declined over the prior year with some softening in rental rates. In 2009, experts predict that property owners may need to offer more incentives to retain or to gain tenants and that many retailers are using the down economy to proactively negotiate rent reductions and enhance their year -end outcomes. Some believe that the latter half of 2009 could bring some retail expansion planning. The effects of this planning won't occur until 2010 or beyond, but retail is often the leading indicator of current market conditions and should be one of the first sectors to recover. In addition, reports by local real estate companies suggest that there is more opportunity for office and commercial investment in the Spokane Valley as regional and national companies consolidate operations. Companies that are expanding or need large sites may be interested in this Sprague /Appleway corridor. Greater Spokane Incorporated Marketing Plan 10/7/2009 While this plan will eventually be developed to target the entire corridor, Greater Spokane Incorporated believes that it will be the completion of a Phase 1 project in the City Center that will help define the vision for external private audiences; i.e., developers, brokers and site selectors. Public projects will drive private investments. Obviously these public projects will require funding. A section of this marketing plan addresses possible funding opportunities that could be leverage to create these public projects. In addition, Greater Spokane Incorporated has been in discussions with both local and national retail brokers to discuss the opportunity presented by the Sprague /Appleway revitalization plan. Elements identified later in this plan have come directly from their recommendations, including: • Identify specific types of retail — neighborhood, niche retail, service- oriented • Improve the streetscape (gateway) and infrastructure to accommodate additional traffic • Transit - oriented development — around STA station • Have a completed planned action ordinance /environmental impact statement for the area • Permitting process needs to be evaluated /one -stop or single person for permitting on each project • Incorporate some flexibility into the design requirements • Offer incentives • Consider public investment in a civic area at the proposed city center Greater Spokane Incorporated Marketing Plan 10/7/2009 • Site Selector Meetings o Schedule retail specific site selector face -to -face meetings to discuss development opportunity • Ensure that all collateral is available for both hard copy and email o Familiarization Tour • An annual or semi - annual site selector FAM tour • Five to ten national or international site selectors and land developers • Retail and commercial focus • Present City Center development opportunity • Include reception or networking activity for Council and Community Members Trade Shows o Participate in ReCon — Global Retail Real Estate Convention • In association with the International Council of Shopping Centers Greater Spokane Incorporated has participated the prior two years with the Greater Spokane Incorporated 10/7/2009 INTERNATIONAL ECONOMIC DEVELOPMENT COUNCIL The Power of Knowledge and Leadership • Real Estate Broker Workshop /Developer forum o Co host with the City of Spokane Valley a broker or developer workshop • Present existing and new information as it evolves • Provide forum for Q &A/feedback — suggestions follow 1. How would you assess the development situation in Spokane Valley? 2. What types of projects would be feasible in the City Center? 3. What are the impediments to development here? 4. What are the advantages? 5. What types of investments in infrastructure would help facilitate development? 6. What zoning or parking requirements are needed for project feasibility? 7. What are the permitting process needs? 8. What public and /or civic services would facilitate development, such as city hall, parks, library, senior center and community center? • Distribute new materials • Call to Action IC$C *4 416 Marketing Plan Downtown Spokane Partnership and City of Spokane • May 23 to 25, 2010 in Las Vegas, Nevada • May need a standalone booth and materials o Participate in other retail shows o Participate in other downtown conferences • Videos o Good start on website with workshop and other videos o Consider additional video opportunities through Comcast • Need to incorporate new branding and graphics o Consider PSAs for local audiences Greater Spokane Incorporated Marketing Plan 10/7/2009 SECTION 111 New Outreach The City's Administrative department has developed a number of community outreach activities that it uses to inform its constituency of important City activities, events, feedback opportunities, etc. These outreach activities can be leveraged for some components of the marketing plan. • Branding o Create a destination brand for the new City Center • University Crossing (use Sprague or Appleway ?) • University Gateway (use Sprague or Appleway ?) • University Plaza (use Sprague or Appleway ?) o Create a marketing logo that represents the City Center concept o Create a marketing tagline that represents the vision of the City Center o These tactics will be utilized in all marketing products for external audiences o The existing branding and logo can be continue to be used for internal purposes if desired, but is not recommended except when used specifically in regards to the Revitalization Plan Collateral o Develop flyers that represent specific properties at the proposed City Center District — must include • SEPA approved /conforming buildings /renderings • Sales price • Lot sizes • Utilities and services available to each lot • Specific incentives that the City is willing to offer • Photo of the site Greater Spokane Incorporated I0/7/2009 TOWN CENTER AT C O B B WO EXAMPLES ONLY 147311M,111 CARRIAGr CROSSI\i ,�® Marketing Plan • Map of the district o Flyers can be emailed or direct mailed to identified audiences /contacts Graphics o Signage needs to be developed and displayed • City Hall • City Center Site • CenterPlace and other recreational sites (i.e. golf courses, etc.) • Commercial establishments Website o Create web versions of the information to be duplicated on various websites including • www.spokanevalley.orq • www.selectspokane.orq • Should include the new city center as a "district" • www.greaterspokane.orq Consider a standalone development website • Newsletter o Monthly GSI Advantage Spokane email newsletters to 2200+ international and national site selectors • See www.greaterspokane.orq website for examples • Quarterly issues focused on specific development opportunities • Create Spokane Valley update for site selectors • This quarterly update will include information on new activities, new tenants, etc. o Hot Topic • Present an update each quarter or per agreed upon schedule to community members o Valley Voice Greater Spokane Incorporated 10/7/2009 Marketing Plan Collateral and Presentations Banner /Podium Card • Simple, multiple -use signage for all presentations, media events and meetings • Features name /logo, and, as appropriate, web address Local /regional audiences • Reinforces the brand • Provides photo opportunities • Establishes credibility Three to six months Tier One Hot Topic Newspaper insert • Include articles in all quarterly inserts • Maximize opportunity to get to Valley residents for positive story placement • Check schedule with Carolbelle Citizens • Educate citizens • Build awareness • Encourage support Three to six months Property Flyer • Develop property flyers with necessary information for development and investment • Need plot plan and renderings, including infrastructure planning • Send out via Advantage Spokane newsletter • Post on all websites Developers and site selectors • Drive awareness and investment Six to nine months Tier Two Traveling Display • Easily assembled floor and table -top displays • Used at presentations and in public places (Malls, City Hall, City events, partner events) • Features pictures of area, illustrations of vision, & key message points • As models and proposals for the project are developed, incorporate into display Citizens, Property owners, developers, Media, Businesses, Community Organizations Citizens, Property owners, developers, Businesses, Community Organizations • Reinforce the brand • Educate key constituencies • Encourage engagement • Build awareness • Build awareness • Encourage support Spring 2010 Spring 2010 Tier Two Tier Two Street Banners • Feature logo /name • On parking lot or utility poles throughout proposed revitalization area • Idea: partner with business owners or organizations to reduce costs Greater Spokane Incorporated 10/7/2009 Marketing Plan Electronic Media Website • Containing accurate, timely information updates on the project's status, milestones, etc. written for the target audiences and including renderings and other visual elements • The web address should be included in all written and verbal communication to drive key audiences to it • A Zink to the website should appear on the following websites www.spokanevalley.orq, Citizens, Property owners, developers, Media, Businesses, Community Organizations, • Educate key constituencies • Encourage engagement by providing feedback mechanism Immediate and ongoing Tier One www.selectspokane.com and www.greaterspokane.orq and others Legislative Relations Adapt media kit as legislative information package: Q &A, Fact Sheet, Budget, Timeline, News clips, Community /business endorsements Local, State and Federal Govemment • Educate legislators • Generate funding support Immediate and ongoing Tier One Legislative Contacts • Develop schedule of one -on -one and group meetings with key local, state and federal funders • Use legislative information kit for advance information and meeting leave - behind Local, state and federal government • Educate legislators • Generate funding support Immediate and ongoing Tier One Greater Spokane Incorporated 10/7/2009 Marketing Plan SECTION IV Spokane Valley City Center Tactical Plan The following tactics are recommended for Phase One of the marketing program. The tactics are designed to support the education and awareness process and the start of the site selector and developer outreach. Tactics focus on educating audiences about the project, and attract the interest of national developers and site selectors that might be interested in an investment in this project. Communication Tactic Priority: • Tier One = strongly recommend • Ticr Two = recommend implementing as resources allow • Tier Three = good idea but not critical. Implement as possible. Greater Spokane Incorporated Marketing Plan 10/7/2009 Tactic Audiences Goal Timeframe Pr Identity Project Name /Graphic • Begin concept work on project name • Public outreach for citizen ideas /voting • Finalize project name and develop type treatment and graphic for use on all communications All audiences • Name the project • Establish attributes Start immediately and conclude within three to six months Tier One Media and Partnerships Develop media kit • Q &A • Fact Sheet • Anticipated timeline • News releases as applicable • Media advisories • May already exist and just need to be updated Media and local /regional audiences • Provide tools to assist reporters in creating positive news coverage • Use advisories and news releases to update reporters about key events, developments Three to six months Tier One Editorial Board support Meet with editorial boards to outline process, request support for effort and encourage citizen involvement All audiences, through media outlets • Support for effort and encourage involvement Three to six months Tier One News conference/ Special event • Hold news briefings to educate media, and publicize project Media; all audiences • Create excitement • Encourage involvement Six to nine months Tier One Develop video presentation • Build short 5 -7 minute video to help educate key audiences • Pursue donated production as part of media partnership All audiences • Education about process Six to nine months Tier Two Greater Spokane Incorporated 10/7/2009 Marketing Plan Spok ane 4\3 Ina�rporat 1 regional econarnlc pro5centy City of Spokane Valley Sprague /Appleway t =� Revitalization � � Marketing Plan Draft • October 13, 2009 greaterspokane.org City of Spokane Valley A community of opportunity where individuals and families can grow and play, and businesses will flourish and prosper Accelerating Sprague /Appleway Revitalization Plan •Top economic development and community development priority for the City •Requested marketing plan from Greater Spokane Incorporated for the corridor Phase ! of marketing plan to be focused on City Center with followon phases for remainder of corridor Spokane � Accelerating Marketing Plan Preparation •RESEARCH •identify Target Audiences •Internal • Citizens •Community Groups •Property owners •Businesses •Media/Legislators •External •Corporate retail site selectors •Real estate brokers •Review comparable projects Spo 1 Accelerating Marketing Plan Preparation •Internal Audience Input •Included in revitalization plan •Develop or consider site specific or district funding plans •External Audience Recommendations •Identify specific types of retail • improve the streetspace • Transit- oriented development •Completed ordinance/EIS •Permitting process streamlined •Offer incentives •Comparable Projects • Consider a public investment at the site Accelerating Marketing Plan Preparation •Review Infrastructure needs -Develop funding plans •Federal and state opportunities PTA, Stimulus 11 /111 •TIB, DOT, PWTF •Incentive programs •LRA, TIF /LIFT CERB -Street network improvements •Design, planning and phasing Accelerating Marketing Plan Preparation •Streetscape improvements 'Landscape/planting strips 'Banners 'Waste receptacles 'Seating 'Lighting •Pocket parks /dog park 'Splash pad or fountain 'Pedestrian/stroller activities 'Artwork Accelerating Marketing Plan Preparation •Civic /Destination Areas Spokane y �tc�wnuun.n:ar.•rm� City Center Marketing Plan -Identify immediate needs and leverage existing activities •Branding and Identity •Media Relations • Collateral and Electronic sites •Legislative Relations -Kickoff projects • See Tactical Plan Spokanel> k Accelerating City Center Marketing Plan -Existing Outreach •Website -Utilize existing www.spokanevalley.orq, www.selectspokane.com and www.greaterspokane.orq sites •Newsletters •Hot Topic •Spokane Valley Voice •Direct mailings to constituents Spok e j� Accelerating City Center Marketing Plan •Existing Outreach - continued •Leverage existing events at the site •ValleyFest 'Christmas Tree Lighting •Develop new events •Fireworks celebration •OktoberfestlTrick or treat •Thanksgiving Art Walk •Famer's market or public market •Car shows Gnxter Spokane Accelerating City Center Marketing Plan •New Outreach •Branding and Identity •Create a destination brand fo the new City Center •University Crossing, Gateway or Plaza? "Sprague or Appleway? •Create a marketing logo and tagline S okane Center C�+- ounf <l • Idmik) T " •New Outreach - continued •Collateral City Center Marketing Plan 'Create flyers to represent specific properties or segments of the City Center District •Include developer specific information, including pricing and permitting /zoning •Develop portfolio of incentives FEZ Spoka ee www.ctican lookana.oro Accelerating City Center Marketing Plan •New Outreach - continued •Graphics 'Develop signage •Display at Spokane Valley sites •City Hall •Site •CenterPlace 'Businesses SPoka e e •Website City Center Marketing Plan •New Outreach - continued •Consider new development website — www.universitycrossinq.com — example •Make sure that new "district" or area is included on the existing websites •Newsletter •Monthly GSI Advantage Spokane email newsletter •Sent to over 2200 international and national site selectors •Quarterly issue can be designated for City of Spokane Valley revitalization site •on e;cnomic prosp r{?y SPOaee Incupu-rt[d Accelerating City Center Marketing Plan •New Outreach - continued •Site Selectors •Schedule retail specific site selector meetings •Coordinate with familiarization tour /reception •Include community members and electeds •Broker or Developer Forum •Provides opportunity for development- specific input •Creates stronger relationships •Provides Call To Action opportunity SPo ane Accelerating City Center Marketing Plan •New Outreach - continued •Trade Shows •Attend retail specific shows •Leverage existing and new materials •Set meetings with brokers •$$$ •Videos •Develop new videos for use in external marketing •Use existing footage for PSAs •$$$ SpokaGM-3 Meeting Date: October 20, 2009 City Manager Sign -off: Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation AGENDA ITEM TITLE: Update on Capital Improvement Program Leveraging GOVERNING LEGISLATION: CITY OF SPOKANE VALLEY Request for Council Action PREVIOUS COUNCIL ACTION TAKEN: Adoption of annual Six Year Transportation Improvement Program; Approval of many federal and state transportation grant funding applications. BACKGROUND: Attached is a list of transportation projects the city has completed over the past three to four years. The list shows the approximate leveraging of city funds with grant funding. OPTIONS: Discussion only RECOMMENDED ACTION OR MOTION: Discussion only BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Steve M. Worley, PE - Senior Capital Projects Engineer Neil Kersten, AIA — Public Works Director ATTACHMENTS List of recent transportation projects. Project Name Total Project Cost Outside Funding Sources % Outside Funding City Share % City Funding 1 24th Ave - Sullivan to Vera Crest $ 598,000 $ - 0% $ 598,000 100% 2 44th Ave Pathway $ 334,000 $ 334,000 100% $ - 0% 3 Appleway - Tshirley to Hodges $ 5,888,600 $ 5,472,600 93% $ 416,000 7% 4 Appleway /Sprague ITS $ 672,000 $ 607,000 90% $ 65,000 10% 5 Argonne Resurfacing - 1 -90 to Trent $ 385,000 $ 274,000 71% $ 111,000 29% 6 Barker - Boone to Spokane River $ 2,524,000 $ 2,223,000 88% $ 301,000 12% 7 Barker Road Bridge $ 11,817,000 $ 10,340,000 88% $ 1,477,000 12% 8 Broadway Rehab - Pines to Sullivan $ 902,000 $ 703,000 78% $ 199,000 22% 9 Broadway Ave Safety Project $ 932,850 $ 746,280 80% $ 186,570 20% 10 Broadway Rehab - Fancher to 1 -90 $ 608,000 $ 525,600 86% $ 82,400 14% 11 Broadway Rehab - 1 -90 to Park $ 684,700 $ 615,800 90% $ 68,900 10% 12 Broadway /Fancher PCC $ 760,900 $ 658,000 86% $ 102,900 14% 13 Dishman -Mica PCC - 1st to Sprague $ 235,000 $ 187,000 80% $ 48,000 20% 14 Dishman- Mica /Montgomery Rehab $ 505,600 $ - 0% $ 505,600 100% 15 1 -90 Ramp Resurfacing $ 300,000 $ - 0% $ 300,000 100% 16 Pines - Mansfield $ 6,397,100 $ 5,405,600 85% $ 991,500 15% 17 Sprague 2009 ADA Upgrades $ 110,700 $ 88,570 80% $ 22,130 20% 18 Sprague ADA Upgrades $ 60,000 $ 49,000 82% $ 11,000 18% 19 Sprague Rehab - Univ. to Evergreen $ 2,838,000 $ 2,607,000 92% $ 231,000 8% 20 Sprague /Bowdish PCC $ 1,066,000 $ 709,100 67% $ 356,900 33% 21 Sprague /Conklin Signal $ 285,000 $ 250,000 88% $ 35,000 12% 22 Sprague /Evergreen PCC $ 953,000 $ 758,000 80% $ 195,000 20% 23 Sprague /McDonald PCC $ 909,000 $ 723,000 80% $ 186,000 20% 24 Sprague /Pines PCC $ 946,000 $ 752,000 79% $ 194,000 21% Funded Projects in Design Phase: 25 Argonne ITS - Trent to 1 -90 $ 1,289,200 $ 1,111,000 86% $ 178,200 14% 26 Broadway - Moore to Flora $ 2,757,000 $ 2,416,000 88% $ 341,000 12% 27 Broadway /Sullivan PCC $ 1,230,000 $ 978,000 80% $ 252,000 20% 28 Indiana Extension - Sullivan to Flora $ 2,612,000 $ 2,297,000 88% $ 315,000 12% 29 Indiana /Sullivan PCC $ 1,342,000 $ 1,067,000 80% $ 275,000 20% 30 Park Rd - Broadway to Trent $ 352,000 $ 304,500 87% $ 47,500 13% 31 Pines ITS - Sprague to Trent $ 2,080,700 $ 1,801,900 87% $ 278,800 13% 32 Signal Controller Upgrades $ 258,400 $ 223,500 86% $ 34,900 14% 33 Sprague /Sullivan PCC $ 1,164,400 $ 745,100 64% $ 419,300 36% STEP Re- paving Projects: 34 Grandview Acres $ 1,094,000 $ 975,700 89% $ 118,300 11% 35 Trentwood $ 1,178,900 $ 1,133,800 96% $ 45,100 4% 36 Rockwell /Summerfield Phase 1 $ 401,400 $ 359,900 90% $ 41,500 10% 37 Rockwell Phase 2 $ 799,300 $ 694,000 87% $ 105,300 13% 38 Summerfield Phase 2 $ 748,200 $ 603,800 81% $ 144,400 19% 39 Sutters $ 1,013,100 $ 787,300 78% $ 225,800 22% 40 White Birch $ 541,000 $ 377,800 70% $ 163,200 30% 41 Clement $ 1,263,800 $ 925,600 73% $ 338,200 27% 42 Rotchford Acres $ 1,129,600 $ 753,800 67% $ 375,800 33% 43 Valleyview $ 1,600,100 $ 1,152,200 72% $ 447,900 28% 44 West Ponderosa Phase 1 $ 1,750,100 $ 1,077,300 62% $ 672,800 38% 45 West Ponderosa Phase 2 $ 1,802,600 $ 1,550,800 86% $ 251,800 14% Total Costs $ 67,100,000 $ 55,400,000 83% $11,800,000 18% City of Spokane Valley Active Capital Projects, 2006 -2009 Leveraged Funding Summary Leveraged City Match: $ 4.69 Amount City Received in Outside Funding for Every Dollar of City Matching Funds , P:\CIerk\AgendaPackets for Web\agendapacket 10- 13- 09 \CIP Project Grant Funding Summary.xls 10/07/2009 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 13, 2009 City Manager Sign -off: Item: Check all that apply: ❑ Consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information ® Admin. Report Pending Legislation AGENDA ITEM TITLE: 2010 Comprehensive Plan Amendment Update GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: The Growth Management Act (GMA) allows local jurisdictions to update comprehensive plans no more than once a year. The City codified this process in the Spokane Valley Municipal Code (SVMC) in Section 17.80.140. Consistent with state law and the SVMC, staff published notices in August advising the public of the annual amendment process and that the City will accept comprehensive plan amendment applications for the 2010 cycle through November 2, 2009 (due to November 1 falling on a Sunday). This notice was also posted in the main reception area of City Hall, the Permit Center and at the Spokane Valley Library main branch. City staff will place needed amendments on the City's docket and include any requested amendments initiated by citizens or property owners. Processing of the amendments will begin shortly after the November 1 deadline. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: N /A. BUDGET /FINANCIAL IMPACTS: N /A. STAFF CONTACT: Greg McCormick, AICP — Planning Division Manager CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 13, 2009 Item: Check all that apply: FILE NUMBER: CTA -05 -09 AGENDA ITEM TITLE: Amendment to Spokane Valley Municipal Code (SVMC) City Manager Sign -off: I] new business ❑ public hearing ❑ consent ❑ old business ❑ information ® admin. report ❑ pending legislation DESCRIPTION OF PROPOSAL: A privately initiated text amendment to the SVMC providing density incentives for developments that include an affordable housing component in the Multifamily Medium Density Residential District (MF -1) and the Multifamily High Density Residential District (MF -2), Corridor Mixed Use (CMU), Mixed Use (MU), Mixed Use Avenue (MUA), City Center (CC) and Community Boulevard (CB) district zones. GOVERNING LEGISLATION: SVMC 19.30.040 development regulation text amendments PREVIOUS ACTION TAKEN: None BACKGROUND: In 2006, the City of Spokane Valley adopted their first Comprehensive Plan. The Comprehensive Plan includes several policies and goals regarding affordable housing. Policy HP -1.3 of the Comprehensive Plan calls for development regulations and incentives that encourage greater diversity of housing types, costs, and designs that may include bonus incentives, clustering, and transfer development rights. [he intent of the proposed text amendment is to develop regulations that promote affordable housing in the Multifamily Medium Density Residential District (MF -1) and the Multifamily High Density Residential District (MF- 2), Corridor Mixed Use (CMU), Mixed Use (MU), Mixed Use Avenue (MUA), City Center (CC) and Community Boulevard (CB) zoning classifications by allowing density bonuses in exchange for the inclusion of affordable housing units within the development. Staff has developed a recommended regulation in cooperation with Northeast Washington Housing Solutions, and the applicant's representatives to provide density incentives to encourage affordable housing and criteria to ensure the project is well designed and has additional amenities that contribute to the quality of life for the residents. Staff presented the proposed amendments to the Planning Commission at a study session on October 1, 2009. The Planning Commission held a public hearing on the amendments on October 8, 2009. Staff is scheduled to provide Council with the Planning Commission's recommendations and findings at the October 27, 2009 Council meeting. APPROVAL CRITERIA: Section 17.80.150(6) of the Spokane Valley Municipal Code provides approval criteria for text amendments to the Spokane Valley Municipal Code. The criterion stipulates that the proposed amendment(s) must be consistent with the applicable provisions of the Comprehensive Plan and bear a substantial relation to the public health, safety, welfare, and protection of the environment. OPTIONS: Consensus to proceed with first reading scheduled for October 27, 2009 STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Draft Affordable Housing Regulations 1 of 1 DRAFT Sections: 19.35.010 Purpose 19.35.020 General 19.35.030 Applicability 19.35.040 Density Calculations 19.35.050 Development Standards 19.35.060 Siting 19.35.070 Approval 19.35.080 Affordability Agreement Chapter 19.35 RESIDENTIAL DENSITY BONUS 19.35.010 Purpose. The purpose of this chapter is to provide density incentives to residential developments to help achieve consistency with the Growth Management Act, the City's Comprehensive Plan, and countywide planning policies for Spokane County. 19.35.020 General. The provisions of this section are available, at the sole discretion of the property owner, as incentives to encourage construction of housing affordable to low and moderate - income households for new multifamily developments. In exchange for residential density bonuses, the development is required to provide a well- designed project with additional amenities contributing to the quality of life for the residents. 19.35.030 Applicability. This chapter applies to MF -1, MF -2, CMU, MU, MUA, CC, and CB district zones. Development incorporating affordable housing component may increase the dwelling unit density in the underlying zone, rounded to the nearest whole number in accordance with 19.35.040, provided that required amenities and site design criteria are met. If the density bonus results in an odd number of housing units, the odd unit must be applied as an affordable unit. Projects must be a minimum of twenty units to be eligible for a residential density bonus. 19.35.040 Density Calculations. A. New multifamily or mixed -use projects may provide affordable units as part of the project. One bonus market rate unit is permitted for each affordable unit based on the following criteria: 1. Affordable housing units provided to families whose income is at or below 40 percent of median income may increase the underlying base density by 40 percent. 2. Affordable housing units provided to families whose income is at or below 50 percent of median income may increase the underlying base density by 30 percent. 3. Affordable housing units provided to families whose income is at or below 60 percent of median income may increase the underlying base density by 20 percent. 4. Affordable housing developments may increase the underlying base density an additional 10 percent by providing one of the following: a. LEED certification or equivalent b. alternative energy c. covered bus shelter d. underground parking e. other amenities approved by the Director 5. Affordable housing developments may also increase their density by providing additional amenities in the required useable open space: a. benches and fountain — an additional increase of density up to 5 percent b. playground apparatus — an additional increase in density up to 10 percent c. sport court — an additional increase in density up to 10 percent 1 of 3 DRAFT d. Indoor Recreational Facility — an additional increase in density up to 20 percent e. other amenities as approved by the Director — additional increase shall not exceed 10 percent 6. Notwithstanding paragraphs 5(a -e), overall density of a project cannot increase by more than 60 percent of the underlying zone rounded to next whole number. 19.35.050 Development Standards. A. The Director may allow the maximum building height to be exceeded by not more than 25 percent B. The Director may allow exceptions to yard setback requirements where the deviation is for 10 percent or less of the required yard C. In addition to the open space requirements of SVMC 19.40.020 developments receiving a density bonus under this Chapter shall provide an additional 5 percent open space (total of 15 percent) to accommodate the additional residents associated with the residential density bonus. D. Site Design Criteria. All developments under this provision shall be subject to the following site design criteria. 1. Natural amenities such as views, significant or unique trees, or grouping of trees, creeks, riparian corridors, and similar features unique to the site shall be incorporated into the design. 2. Emphasize, rather than obscure, natural topography. Buildings shall be designed to "step up" or "step down" hillsides to accommodate significant changes in elevation. 3. Projects shall have design continuity by using similar elements throughout the project such as architectural style and features, materials, colors, and textures. 4. Placement of physical features such as play equipment shall be in visible locations to maximize the ability to be seen, and therefore creating a safe environment that discourages crime. 5. Parking structures shall be architecturally consistent with exterior architectural elements of the primary structure(s); including rooflines, facade design, and finish materials. 6. Pedestrian pathways and pedestrian areas shall be delineated by separate paved routes using a variation in paved texture and color, and protected from abutting vehicle circulation areas with landscaping or other methods. 19.35.060 Siting. The affordable units constructed under the provisions of this chapter shall be included within the parcel of land for which the density bonus is granted. 19.35.070 Approval. Prior to the issuance of any permit(s), the City shall review and approve the location and unit mix of the affordable housing units consistent with the following standards: A. If the affordable housing development has both affordable and market rate units, the affordable units shall be floating units. A "Floating" designation provides the flexibility to maintain a certain number of affordable units throughout the required period, allowing the specific units to vary with availability. The floating units ensure that affordable units are indistinguishable from and interchangeable with market -rate units; B. The design and appearance of affordable housing units shall be compatible with the total housing development and be consistent with design criteria outlined in SVMC 19.35.050(D); C. Affordable housing units shall have an equivalent bedroom mix consistent with the total housing development; except that the developer may include a higher proportion of affordable housing units with more bedrooms; 19.35.080 Affordability agreement. Prior to issuing a certificate of occupancy, an agreement in a form acceptable to the City that insures compliance with the provisions of 19.35 of this code shall be 2 of 3 DRAFT recorded with Spokane County Auditor's Office. This agreement shall be a covenant running with the land and shall be binding on the assigns, heirs, and successors of the applicant. Affordable housing units that are provided under this section shall remain as affordable for the life of the project for rental affordable housing units. New Definitions (Appendix A): Affordable Housing: Where the term affordable is used, it refers to the federal definition of affordability stating that annual housing costs shall not exceed one third of a family's annual income. When establishing affordability standards for moderate to extremely low- income families and individuals the median household income is the amount calculated and published by the United States Department of Housing and Urban Development each year for Spokane County. Recreational Facility, Indoor: A place designed and equipped for the conduct of sports and leisure - time activities within an enclosed space. Examples include gymnasiums, amusement arcades, health and fitness clubs, indoor tennis and racquetball courts, bowling alleys, and indoor swimming pools. This definition excludes indoor sports arenas, auditoriums, and exhibition halls. 3 of 3 Department of Community Development Planning Division mow {_ ^.__�'7R .- CTA -45 -09 Amendment to the SVMC October 13, 2009 October 1, 2009 Mike Basinger, Senior Planner ----- Department of Community Development ..,„00 Val • Planning Division Privately Initiated Text Amendment • Initiated July 2009 • Collaboration with applicant & Housing Authority • Optional regulations — Provide workforce housing in exchange for MF density bonus • Workforce housing 40% - 60% of median income — Median income 56,700 Spokane MSA October 1, 2009 CTA-05-09 1 Department of Community Development Planning Division Regional Affordable Housing Affordable housing is integrally connected to our community's economy and quality of life Task Force: Mayor Verner, Mayor Munson, Commissioner Mager October I, 2009 CTA -05 -09 Department of Community Development Planning Division Task Force Implementation Strategies • Spokane County Governmental jurisdictions develop and adopt a wide variety of incentives including land use, regulatory and monetary, and other incentives October I, 2009 CTA -05 -05 2 FY 2008 Income Limit Area Median Income FY 2008 Income Limit Category 1 Person 2 Person 3 Person 4 Person Spokane, WA MSA $56, 700 Extremely Low (30%) Income Limits 512,100 $13, 850 $15,550 $17,300 Very Low (50%) Income Limits $20, 150 $23,050 $25,900 $28,800 Low (80%) Income Limits 532,250 $36,900 $41,500 $46,100 Department of Community Development Planning Division Legal Basis • HB 2984 allows cities and counties to "enact or expand affordable housing incentive programs providing for development of low - income housing units through development regulations" October 1, 2009 CTA -05.09 Department of Community Development Planning Division 2008 Income Limits October 1, 2009 CTA -05-09 3 1 Department of Community Development - Planning Division Need Assessment • Person earning min wage $1,487 (monthly) • In Spokane "Affordable Rent" $446 (30% income) • Reasonable 1 bedroom apartment = $583 • "Reasonable Rent" — "Affordable Rent" = $136 • Annually less disposable income = $1,640 October 1, 2009 CTA -0s-09 e \ Department of Community Development Planning Division Affordable Housing Policy Framework • GMA — Requires a housing element in Comp Plan 0 — Encourage variety of housing options El — Allow smaller lots I — Provide density bonuses for affordable housing — Encourage infill development Q — Allow for MU development El October 1, 2009 CTA -05.09 4 Department of Community Development Planning Division COSV Comp Plan • HP -1.3 Establish development regulations and incentives for greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and transfer of development rights October 1, 2009 CTA -05-09 Department of Community Development Planning Division Mixed use zones Multifamily zones Subarea zones MF 5 Department of Community Development Planning Division Additional Density Increase in Exchange for Amenities • Benches and fountain — additional 5% • Playground apparatus — additional 10% • Sport Court — additional 1 0% • Indoor Recreational Facility — additional 20% • Other amenities approved by Director — not to exceed 10% Note: overall density shall not exceed 60% • MF -2 development — 22 units with 60% increase = 35.2 units October 1.2009 CTA -05 -09 6 ,•-•"\-- Department of Community Development — t Planning Division Density Calculations % of Median ($56,700) Bonus Density (MF -2) 40% ($22,680) $11 an hour 40% (30.8 units /acre) 5 affordable units 50% ($28,350) $14 an hour 30% (28.6 units /acre) 4 affordable units 60% ($34,020) $16 an hour (2 people min wage) 20% (26.4 units /acre) 2 affordable units Note: affordable housing units shall be floating (Interchangeable) 30% and below Is served by housing authority, nonprofit housing agencies & private Landlords October 1, 2009 CIA -05 -09 Department of Community Development Planning Division Additional Density Increase in Exchange for Amenities • Benches and fountain — additional 5% • Playground apparatus — additional 10% • Sport Court — additional 1 0% • Indoor Recreational Facility — additional 20% • Other amenities approved by Director — not to exceed 10% Note: overall density shall not exceed 60% • MF -2 development — 22 units with 60% increase = 35.2 units October 1.2009 CTA -05 -09 6 Department of Community Development Planning Division Development Standards • Additional 5% open space (total 15 %) • Make use of site characteristics — Trees, creeks, riparian zones, etc. • Emphasize natural topography • Requires design continuity • Promotes a safe environment • Emphasizes pedestrian paths • Exceptions — 25% building height — 10% of required yard October 1, 2009 CTA -05-09 Department of Community Development Planning Division Voluntary —Vs- Inclusionary "The provisions of this section are available, at the sole discretion of the property owner, as incentives to encourage construction of housing affordable to low and moderate income households for new multifamily developments" October 1, 2009 CIA -05-09 7 Department of Community Development Planning Division Summary • Developers increase density of project — Provides both market rate and affordable units — Reduces per unit land costs • Affordable housing @ no cost to City — Increases real estate value of projects — Work force housing opportunities attracts businesses October 1, 2009 CTA -05.09 Department of Community Development Planning Division Decision Criteria • Section 17.80.150(F) of SVMC — The proposed text amendment is consistent with the applicable provisions of the Comp Plan — The proposed text amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment October I, 2009 CIA -05-09 8 Department of Community Development Planning Division 9 S Valley® Memorandum To: City Council Members; David Mercier, City Manager Date: October 8, 2009 Re: Centennial Trail Designation 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org From: Michael D. Stone, CPRP, Director of Parks and Recreation The Friends of the Centennial Trail and the North Idaho Centennial Trail Foundation are applying for National Trails (NRT) status. The NRT program works to protect the beautiful natural corridors of our country. Its aim is to promote the expansion of new pathways to establish a national network of trails. Benefits of an NRT designation include fundraising support, promotion of trail preservation efforts, access to relevant contacts, and training opportunities. Through designation, the Centennial Trail would be recognized as a trail of regional significance. To be designated as a National Recreation Trail, all public landowners whose property is traversed by the trail must give written consent. The City of Spokane Valley is being asked to provide such a letter for their application. The application deadline is November 1, 2009. The criteria for NRT designation is as follows: -The trail must be open to public use and be designed, constructed, and maintained according to best management practices, in keeping with the use anticipated. -The trail is in compliance with applicable land use plans and environmental laws. -The trail will be open for public use for at least 10 consecutive years after designation. -NRT designation must be supported by the landowner(s), public or private, whose property the trail crosses. If you have any questions or need additional information please let me know. Thank you.