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2004, 01-13 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, January 13, 2004 Mayor DeVleming welcomed everyone and called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Tom Scholtens, Building Official Bing Bingman, IT Specialist Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Shelley Bryan -Wee of Zion Lutheran Church gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. All councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan to approve the agenda as presented. Roll Call Vote: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Deputy Mayor Wilhite: reported that she represented the City at the dedication of the Michael Anderson Elementary School on Fairchild Air Force Base. She also attended an Eagle Scout presentation and presented two proclamations honoring the two young men who had attained the rank of Eagle Scout. Councilmember Taylor: said that he attended the Spokane Public Facilities District Board meeting and will report more on that meeting later concerning the size of the Board. Councilmember Denenny: reminded everyone that the public hearings for the Spokane Transit Authority will be held tomorrow at the Arena from 11:30 a.m. to 4:00 p.m., and again Thursday at the Convention Center from 5:30 p.m. to 8:30 p.m. Council Minutes 01 -13 -04 Page 1 of 5 Date Approved by Council: 01 -20 -04 MAYOR'S REPORT: Mayor DeVleming said the Christmas tree has now been removed and thanked all those who helped. PUBLIC COMMENT: Rick Behm, 9405 East Sprague: expressed extreme gratitude to SCOPE in general and specifically for their performing a security check at his business at 2:00 a.m. Matt Jankowski, 9512 E. Sprague: discussed the couplet and the negative impact the one -way has had on his business at 9512 East Sprague; said prior to the couplet his revenues were $850,000, and this year revenues were approximately $640,000; that he had to lay off people; feels the Valley Mall had no impact on the business decline as the Mall opened long before the decline of his business; wants Sprague returned to two -way and wants that considered at this Thursday's meeting. Art Britton, E. 18812 Euclid: stated his opposition to spending money to change Sprague back to two - way; said he realizes $4.2 million is ready to help extend the couplet out to Evergreen; that if it does get extended traffic congestion should lessen; he also suggested adding cross - streets. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the consent agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. First Reading Proposed Towing Ordinance 04 -001. After City Clerk Bainbridge read the ordinance by title, it was moved by Councilmember Munson and seconded by Councilmember Denenny to advance this ordinance to a second reading for January 20, 2004. Attorney Driskell gave an overview of the ordinance and his accompanying memo; he suggested changing Section 6, Al to omit the reference to the commercial driver's license and to state whatever is required under existing state law. In response to a call for public comment, Bill Sproutz, 13503 E. 28 stated that he feels [towing] businesses should be located within the city limits as well as the storage facility. Councilmember Denenny added that he feels it reasonable to have operators located within the City limits so that citizens can have reasonable expectations of retrieval within community boundaries. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Street Vacation Ordinance 04 -002. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to advance Ordinance 04 -002 to a second reading. Current Planning Manager Kevin Snyder explained that the main purposes of this ordinance are to implement policies for the processing and consideration of street vacation requests; to address conformity to applicable statutory requirements; and to provide a level of certainty to customers, the Council, Planning Commission and staff on procedures for street vacations. Mr. Snyder went over the highlights of the ordinance, and added in keeping with the desire to have cost recovery, staff suggests revising the current $300 fee to $1300. Mr. Snyder explained that this fee is comparable to other public hearing related application fees (such as a $1500 fee for a rezone request) which involve various departments such as planning and legal. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 01 -13 -04 Page 2 of 5 Date Approved by Council: 01 -20 -04 4. First Reading Proposed Fire District Annexation Ordinance 04 -003. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to advance ordinance 04 -003 to a second reading. Deputy City Manager Regor gave some background leading to this ordinance, and stated that the Fire Districts involved will also be required to pass similar motions to set this into action. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions. None. Motion carried. PUBLIC COMMENTS: Tony Lazanis said he questioned why council and the city manager won't give direction regarding the Design Build Operation in that the DBO will cost millions more to the valley people; that he would like to see other options; and he feels there is a need to have the valley own and operate the facility. ADMINISTRATIVE REPORTS: 5. Animal Control Discussion. Deputy City Manager Regor gave background information concerning animal control service including contract summary, method used in determining estimated cost of animal control, projected animal control costs, a regional plan for licensing, and next steps which include determining the best service options. Spokane Animal Control Director Nancy Hill was asked to speak regarding the county's response to the RFP and the estimated $651,000 annually. Ms. Hill said that more details will be known after the January 20 meeting, that a true regional approach will allow cost savings; that she plans tentatively to go with a two -year contract to give the community the opportunity to further discuss the regional approach, adding that a regional committee will be forming and she would like to have at least one Spokane Valley representative on that committee. During discussion of licenses, City Attorney Schwartz said he will research to see if other cities require a license at the point of sale of the pet. 6. Design Build Operation (DBO) Discussion Public Works Director Kersten went over his PowerPoint presentation which included DBO advantages and disadvantages, the DBO process, risk allocation, financial guarantees, and similarities and differences compared with Stockton, California's DBO. Mr. Kersten said that it would take approximately 18 months from RFQ to signed agreement and that the DBO should result in lower rates. City Manager Mercier added that the County will be the lead on this project and staff will provide details of the public hearing process at the next council meeting. Mr. Kersten indicated he anticipates the interlocal agreement to be finalized within the next few months. Mayor DeVleming called for a recess at 7:40 p.m., and reconvened the meeting at 7:50 p.m. 7. Tourism Promotion Area Discussion City Attorney Schwartz said that in the formation of the TPA, the first procedural process is to establish a TPA through notice and an opportunity for all affected rate payers to testify about the TPA; however, the notice was deficient because it had not been delivered to all of the lodging associations, specifically to the owners of recreational vehicle parks and similar establishments. Mr. Schwartz explained that in the "Decision" there are three reasons which caused the Board of County Commissioners to terminate the formation proceedings for the TPA. Also, to include a City within a county -wide TPA, the city must have given consent via an interlocal agreement. Mr. Schwartz explained that the City of Spokane signed an interlocal agreement but it was not the agreement agreed to by the County so the agreement will need to be modified. Also, the Board of County Commissioners would like some indication from this body on possible additional issues to be presented in the interlocal agreement. Discussion then ensued regarding the draft interlocal agreement. Specific issues included: Section 7C and if it differs from State law; Section 7B and the apparent ambiguous phrase "honor this request;" cost for a TPA manager and who will act as said manager; clarification of Section 7B regarding the 40% filing a petition; and having a Council Minutes 01 -13 -04 Page 3 of 5 Date Approved by Council: 01 -20 -04 section dealing with litigation, indemnification and protection of the city. Councilmember Flanigan added that he wants to make sure the hoteliers have the ability to remove themselves. Mr. Schwartz will continue to gather information and report again at the next council meeting. 8. Library Agreement Report. Deputy City Manager Regor explained that the current offer made by the Library Board mid - December contained two possible options: one based on property tax valuation, and the other on assumed usage. Council previously supported the usage concept. Ms. Regor said that the Board came up with a base usage of $1,902.171, with 2004 adjusted Spokane Valley costs of $2,032,660, which took into consideration a 6.86% increase factor, and added $67,200 for the value of participating in the reciprocal agreement between the Spokane County Library District and the City of Spokane Public Library, which agreement was recently enacted and allows members of any jurisdiction or area to use the other facility without costs. This brought the board adopted option to approximately $2.1 million. Additionally, the Board changed the inflation factor from 6.86 to 6.21% as the original percentage was not the final budget figure. This correction led to the total cost of $2,087,456, or a difference of about $12,000.00. Discussion turned to the $67,200 figure and how that value was calculated. Ms. Regor also confirmed that if there is no exchange of funds between the two library districts, the Spokane County Library District will not experience $67,200 worth of expenses associated with the reciprocal agreement. Ms. Regor said in reference to the Capital Facilities Plan, the agreement states that the Library District and the City of Spokane Valley will work to complete the Plan by June 2004; that both entities will contribute staff time, the District will pay external costs; and should the City not contract with or annex to the District beyond 2004, the City will reimburse the District for up to $10,000 of those external costs; and that both entities will agree in advance as to what those costs include. Additionally, the City will appoint a staff member and a citizen as well as staff support, to the Capital Facilities Plan Advisory Committee. Ms. Regor said the next Board meeting is set for January 20, 2004. It was Council consensus to remove the $67,200 figure. Mr. Mercier stated staff will provide this counteroffer to the District. 9. International Building Code Discussion. Building Official Scholtens gave a report on the background of the building code changes and announced the upcoming January 22 public hearing before the Planning Commission. After their review, the ordinance will be brought back before Council. Mr. Scholtens also noted that the enforcement of a statewide building code is mandated by statute. It was moved, seconded and agreed upon to extend the Council meeting to 9:15 p.m. 10. Legislative Issues Discussion. Tax Equalization Issues: Councilmember Taylor reported that AWC continues working to clarify the issues surrounding the sales tax issue in preparation for upcoming hearings; and as the figures are not specific, AWC is examining the possibility for funding those cities which would be severally affected due to the anticipated drop in revenue. Council agreed to continue to oppose this legislation pending further specific information. Public Facilities District Board: discussed expansion of the Board to six members, which would include one member of Council. Councilmember Taylor said that the Board is reluctant to expand beyond the five members they have; and they prefer that one of the two County seats be given to the Valley; and the County opposes that idea. Councilmember Taylor said the PFD Board would like to know if Council would support, or not oppose, legislation that provides us a seat by the County transferring one of their appointments, and if so, we would have the final word on who that appointee would be. Mayor DeVleming announced he would support a position of no position. Councilmember Munson said he would not support their position. After further discussion, it was determined that an official decision will Council Minutes 01 -13 -04 Page 4 of 5 Date Approved by Council: 01 -20 -04 be made when the legislation comes forward. An opportunity to vote on the legislative agenda will be included on next week's agenda. SCAPCA Board: Discussion ensued on increasing the number of representatives for this board, along with the possibility of this Board dissolving. Councilmember Munson said that he and Councilmembers Taylor and Wilhite will write a letter to address this topic also. City Manager Mercier suggests Council pursue appropriate representation on all boards for matters that affect our community and feels that placing this on the legislative agenda would be consistent with that direction. It was moved, seconded and agreed upon to extend the Council meeting another fifteen minutes. It was Council consensus to focus on the first four items addressed in the 1 -13 -04 Request for Council Action form, to add SCAPCA Board, and to monitor the issues of Water Rights and Tort Reform. 11. Council Retreat City Manager Mercier mentioned the February 7 Council retreat (or planning conference), and that the focus will be on the Review of Departmental Work Plans and Submittal Timetables; Finance and Budget related Issues; Facilities and Contracts; and Community Involvement and Outreach. Additionally, if more specifics are needed, another planning conference can be scheduled later. There being no further business, it was moved, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:20 p.m. hfistine Bainbridge, City Clerk Michael DeVleming, May r Council Minutes 01 -13 -04 Page 5 of 5 Date Approved by Council: 01 -20 -04 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 . . - 1 . . , . Deputy Mayor Diana Wilhite - Position No. 1 . Councilmember Dick Denenny - Position No. 7 c am - . • . . Councilmember Mike Flanigan- Position No. 6 Councilmember Rich. Munson - Position No. 5 • Councilmember Gary Schimmels- Position No. 4 • Councilmember Steve Taylor- Position No. 2 j . CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL / -/3-T Spokane Valley Council Meeting January 13, 2004 Pastor Shelley Bryan Wee Zion Lutheran Church, Millwood There's a Peanuts cartoon that I've remembered for years. In the first frame, Lucy is standing next to a tree. Looking up, she shouts to Linus, "What are doing in that tree ?" Linus answers from the branches of the tree, "Looking for something." Then he adds, "Can you see Snoopy? We climbed up here together, but now I don't see him." Lucy unsympathetically shouts back up the tree, "Beagles can't climb trees." The next frame shows Snoopy falling out of the tree right on his head with a loud "klunk." "You're right!" Snoopy concludes. Then Lucy lets Snoopy have it. "You stupid Beagle, what are you doing climbing around in a tree ?" Snoopy's sore head is still spinning. Linus interrupts from the tree, "Don't yell at him.... We're trying to find a strange creature in a nest...." Lucy walks off saying, "You're both crazy! Go ahead and knock yourselves out! I couldn't care less! !" Then Snoopy with his head still sore and spinning things says, "Rats...I was hoping for a hug!" Too often we lecture instead of listen, we ridicule rather than have compassion. Although I don't think we should hug everyone that we meet — I am not an advocate of indiscriminate hugging —1 am one to say that we are not to indiscriminately criticize either. Let us pray tonight that as this council meeting begins, ears are open, tongues are tempered and compassion is the rule. Let us pray: Gracious God, we come before you as servants to you and as servants of Spokane Valley. As business is conducted this evening, we pray for your Spirit of graciousness to be a part of every decision. May the people gathered here tonight be thoughtful in all of their discussions as they listen to one another. May they speak with care even in their disagreements. May they make decisions with compassion as they remember those whose voices are not present tonight. In your name we pray. Amen NAME PLEASE PRINT TOPIC OF CONCERN ADDRESS TELEPHONE . r BP rue lv l ► leetia ,,(� _ fr -� i 9 2-z —a NA tA A04-t<twsv.c, s s .u_ e .co„ - 4511E. SP 5 Si� PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE ` 13 — 0 + CITIZEN COMMENTS ON ITEMS NOT INCLUDED ON THIS AGENDA. Please include your name and address for the record. Your time will he limited to three (3) minutes. Animal Control Contract Status Report Contract Summary ❑ SV budgeted $286,083. ❑ Contract expires December 31, 2004. ❑ Methodology: Percentage of SV usage X total cost of animal control, net of revenues. ❑ Final actual costs are not yet available. ❑ Adjust and settle period will apply percentage of SV usage to actual 2003 costs. 2003 Animal Control Costs Per Contract At year -end Budgeted Expenses $ 1,205,024 $1,205,024 Budgeted Revenues ($421,611) ($421,611) Cost of animal control $783,413 $783,413 SV % of usage 48.69% 48.86% SV share $381,444 $382,776 Pro -rated cost (9 months) $286,083 $287,082 2003 Animal Control Costs 2004 Budgeted Expenses $1,229,374 2004 Budgeted Revenues ($411,988) Cost of Animal Control $817,386 of SV usage for 2003 48.86% Projected 2004 SV Cost $399,375 2004 Projected Animal Control Cost Pet Licenses Sold 2002 2003 % Change Oct. New 835 1160 39% Oct. Renewals 1503 2132 42% Nov. New 910 930 2% Nov. Renewals 1367 1831 34% Calgary Plan (Pet Licensing) ❑ Initial Results Next Steps ❑ Finalize settle and adjust. ❑ Identify and evaluate alternative options. o Determine best service options. ❑ Negotiate post 2004 agreement with service provider.