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2006, 03-28 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 88 Attendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Absent: Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Special /Regular Meeting Tuesday, March 28 2006 City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Connelly, City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Mike Jackson, Parks & Rec Director Cal Walker, Police Chief Tom Scholtens, Building Official Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: In the absence of Pastor Denning, Deputy Mayor Taylor gave the invocation. PLEDGE OF ALLEGIANCE Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Council members were present except Councilmember Schimmels. It was moved by Deputy Mayor Taylor, seconded, and unanimously passed to excuse Councilmember Schimmels from tonight's meeting. APPROVAL OF AGENDA It was moved by Councilmember Munson, seconded, and unanimously passed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Council Meeting: 03 -28 -06 Page 1 of 5 Approved by Council: 04 -11 -06 meeting. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Denenny: reported that he attended the Health Board Meeting where they discussed appraisal inquiries. Deputy Mayor Taylor: thanked Mayor Wilhite, Rick Wilhite and others for their fine work on the Mayor's Ball, and that it was a wonderful time and great occasion to showcase CenterPlace. Councilmember Gothmann: said that he attended the SNAP meeting where they are planning the 40 anniversary of the organization; he attended a Chamber of Commerce meeting, a Board of Health meeting, the Mayor's Ball, and a Weed and Seed meeting. Councilmember Munson: stated that he chaired the Growth Management Steering Committee of Elected Officials where testimony was taken regarding population allocation and discussion was held concerning expanding the UGA; and that he also attended the Mayor's Ball. Councilmember DeVleming: mentioned he and his wife and family are hosting an exchange student from Japan, and he introduced the student, and he and Mayor Wilhite welcomed her to Spokane Valley. MAYOR'S REPORT: Mayor Wilhite reported that she attended the Economic Development Council's executive board meeting; that she and the Mayor from Millwood delivered a few meals as part of the "Meals on Wheels" program; that she attended the Firefighters Annual Wine Tasting event; and she spoke at the Japanese American Citizen League last Sunday; and she extended many thanks to everyone who helped with the Mayor's Ball, and gave special thanks to Rick Wilhite. PUBLIC COMMENTS Mayor Wilhite invited public comment; no comments were offered. NEW BUSINESS 1. Approval of Minutes of March 20, 2006 Special Council Meeting, Executive Session — Chris Bainbridge It was moved by Deputy Mayor Taylor, seconded, and unanimously passed to approve the minutes of the March 20, 2006 Special Council Meeting Executive Session. 2. Second Reading Proposed Ordinance 06 -006 Repealing Ordinance 05 -015 in its Entirety — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to approve Ordinance 06 -006. City Attorney Connelly explained the background of this ordinance, that it will reduce the volume of the existing development regulations to something manageable, and that there were no changes since the first reading. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading Proposed Ordinance 06 -007 Repealing Portions of Spokane Valley Municipal Code 10.30.060 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor, and seconded, to approve Ordinance 06 -007. City Attorney Connelly explained that this is the second part of the code streamlining process, adding that some zones do not exist within our city limits or simply do not apply; and that there have been no changes since the first reading. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Proposed Resolution 06 -002, Authorizing City Manager to Sign Community Economic Revitalization Board (CERB) Application — Neil Kersten /Steve Worley It was moved by Deputy Mayor Taylor and seconded, to approve the resolution authorizing submittal of the final grant application to the Washington State Community Economic Revitalization Board. Public Works Director Kersten explained that this resolution is part of the requirement of the grant application; and that in passing the resolution, we are authorizing the submittal of the application. Mr. Kersten added that because it is for an economic development project, he feels the Valley Corridor has a good chance of getting funded. Mr. Kersten explained the funding process, the amounts, and the timelines. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Spokane County Memorandum of Understanding, Sanitary Sewer Project Phase 2 - Neil Kersten It was moved by Councilmember Denenny and seconded, to authorize the City Manager or City Manager's designee to sign the Memorandum of Understanding with the County. Public Works Director Kersten explained the need for the Memorandum of Understanding, adding that the County will do the inspection on the sewer, but the City staff will manage the contract, including paying the contractor, and the County will reimburse the City; and that this agreement grants the authority to move ahead. Mayor Wilhite invited public comment. Mr. Paul Ellis, 18925 E Riverside, asked several questions concerning this project and Barker Road. Mr. Kersten explained that this project is a three -lane section, and covers from the intersection at the stop light just north of the freeway access to Barker Bridge. Mayor Wilhite suggested that staff contact Mr. Ellis later to address any additional questions he may have. Mayor Wilhite invited further public comment; no further comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 03 -28 -06 Page 2 of 5 Approved by Council: 04 -11 -06 6. Motion Consideration: Supplemental Agreement with CH2M Hill for the Barker Road Project — Neil Kersten It was moved by Councilmember Munson and seconded, to authorize the City Manager or City Manager's Designee, to execute the Consultant Supplemental Agreement with CH2M Hill for the Barker Road Project, in an amount not to exceed $167,078. Mr. Kersten explained the agreement per his accompanying Request for Council Action Form, and stated that the amendment authorizes the construction phase with a "not -to- exceed" amount, and that staff will be on -site to monitor the construction and the project. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Barker Road Bid Award — Neil Kersten It as moved by Deputy Mayor Taylor to award the construction contract for Barker Road improvements, to Eller Construction in the amount of $1,673,984.78. Mr. Kersten explained that two bids were received, with Eller giving the lower of the two. Mr. Kersten explained the area for this project, and that this is not connected with a prior council concern of kayakers and others' access to the river. Parks and Recreation Director Jackson explained that he has been working with that group and a letter of intent has been submitted to IAC for potential grant project; and that they are all examining several options; with a short term option of using the existing Centennial Trail parking area. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Motion Consideration: Authorization for Approval of and Authorization for City Manager's Execution of Certification Acceptance Qualification Agreement — Neil Kersten It was moved by Deputy Mayor Taylor and seconded to approve the agreement and authorize the City Manager to sign the certification acceptance qualification agreement. Mr. Kersten explained the proposal as per his March 28, 2006 Request for Council Action form and accompanying March 21, 2006 memorandum, which highlighted the certification acceptance and application requirements. Mayor Wilhite invited public comment; no comments were offered. Mr. Mercier asked if it would be appropriate to have the City Manager designate someone else to sign such agreement. It was then moved by Deputy Mayor Taylor and seconded, to amend the motion to allow the flexibility of a designee of the City Manager to sign the agreement, if appropriate. Vote to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote on the amended motion to approve the agreement and authorize the City Manager or a designee of the City Manager if appropriate, to sign the Certification Acceptance Qualification Agreement. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: Landscape and Weed Control Contract Bid Award — Neil Kersten It was moved by Deputy Mayor Taylor and seconded, to award the contract to ProCare in the amount of $49,068.74, and authorize the City Manager or designee, to enter into the future five -year renewal contracts as provided in the bid documents. Public Works Director Kersten explained that this is a one - year contract, with five, five -year renewal options; that we can request renewal at our option; and they can renew the contract with an amount not to go up more than the CPI or 3% - whichever is less. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Motion Consideration: Cost of Living Adjustment for Non - represented Employees — Dave Mercier It was moved by Councilmember Munson and seconded, to authorize a cost of living adjustment of four percent for non - represented employees, effective April 1, 2006, to reevaluate consumer price indicators and their cost of living effects in three months, and to amend the position classification salary schedule as appropriate. Deputy City Manager Regor explained that the personnel ordinance requires periodic review of the salary schedule; that state law wages through represented employees are determined through the Council Meeting: 03 -28 -06 Page 3 of 5 Approved by Council: 04 -11 -06 bargaining process and that negotiations are ongoing, but a timeframe for completing those negotiations cannot be predicted; and that there has been no update of the salary schedule. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Wilhite invited general public comments; no comments were offered. ADMINISTRATIVE REPORTS: 11. Fair & Expo Center's Economic Impact Study — Chris Frye Marketing Coordinator Erin Gurtel thanked Council for their support and introduced Chris Frye, Ph.D., Consultant with Sport Business Interests, who gave Council his PowerPoint presentation on the Spokane County Fair and Expo Center objectives, including the Economic Impact and Market Research Study analysis. Following his presentation, Dolly Hughes, Director of the Fair (now Expo Center), also thanked Council for the support and briefly discussed the transitioning from a fair grounds to an expo center. 12. Communication Grant Update — Cal Walker Police Chief Walker gave an update on the communication infrastructure (COPS Interoperable Communications Technology) grant status; adding that Fire Chief Thompson is now a 50% partner in everything they are doing. Chief Walker said those involved are meeting as a leadership forum to discuss any possible changes that may be required from the original grant application. Discussion included various aspects of the necessary technology and megahertz required; adjacent areas and their efforts (Kootenai County and /or Vancouver areas); the additional public safety sales tax (1 /10 of 1% recently approved); that matching funds will likely be further addressed in the 2007 budget; that ultimate grant funding will come before council for final approval; that an interlocal will also likely be composed and circulated to all jurisdictions involved; and that as the process continues, Chief Walker will continue to update Council. 13. Lodging Tax Revenues, Attorney General Opinion — Cary Driskell /Mike Connelly City Attorney Connelly explained that this is more of an informational item so Council will be aware of what is and is not allowed when using lodging tax revenues; and that it appears we have been working within the constraints of the law. 14. Solid Waste Update — Mike Connelly City Attorney Connelly gave his PowerPoint presentation to update Council on the status of the solid waste system and agreement; and to answer the questions of what is our commitment to direct the waste stream to the waste energy plant, how much does it cost, and is it realistic. He explained that the current system is owned by the City of Spokane, and operated by a regional system with tipping fees going to the Spokane Regional Waste System; and that if Council would like specific budgetary information on composting and recycling, he can get that information from actual budgets from the last three or four years. Mr. Connelly also stated that the tipping fee has not changed in the last three to four years; but likely will come down some after another two to three years; and stated that bond payments at the end of the term at the largest payments. OTHER BUSINESS: Several comments were made concerning some of the information only items: 16. 2006 Sewer Paveback Update Memorandum Mr. Mercier mentioned that bids are coming in at different amounts then anticipated; and it appears a decision will be needed concerning the high bids. Mr. Kersten briefly went over the revised budgets as shown on his March 28 memorandum; and said that since the Vera Terrace bid was so much higher, he will have to address that project later. Council discussed the County's timing of the projects; the bids overall; not delaying the project if possible; and deferring funds until next year. Mr. Kersten said he Council Meeting: 03 -28 -06 Page 4 of 5 Approved by Council: 04 -11 -06 would discuss the issues with the County and bring this matter back before Council for further consideration. 17. Resolution Approving Non - Recourse Revenue Bonds (Mackay Manufacturing Company) Mayor Wilhite explained that this issue is similar to those in the past needing Council approval by resolution. It was Council consensus to place this item on the April 11 consent agenda for approval consideration. It was moved, seconded and unanimously passed to adjourn. The meeting adjourned at approximately 8:10 p.m. ATTES hristine Bainbridge, City Clerk l'-c4,,,o.,\/,) tic, Diana Wilhite, Mayor Council Meeting: 03 -28 -06 Page 5 of 5 Approved by Council: 04 -11 -06