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2003, 04-22 Regular Meeting MinutesCity of Spokane Valley City Council Minutes Regular Meeting April 22, 2003 Mayor Michael DeVleming called the regular meeting of the Spokane Valley City Council to order at 6:01 p.m. Councilmembers present: Mayor Michael Devleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Public Works Director Richard Warren, Interim Engineer Dick Thiel, Interim Parks and Recreation Consultant Bill Hutsinpiller, Interim Recreation Coordinator Shelley Goss, and Interim City Clerk Ruth Muller. Invocation: The Mayor requested a moment of silence in appreciation of our armed forces. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Introduction of Special Guests and Presentations: Mayor DeVleming introduced Boy Scout Troop No. 405 and leader Scott Grimmett. These boy scouts are attending the council meeting working towards earning their citizenship and merit badge. Mayor DeVleming introduced Col. Sizemore and Master Sgt. Ballard from Fairchild Air Force Base. Councilmember Munson presented to Col. Sizemore and Sgt. Ballard a banner honoring the troops from the City of Spokane Valley that can be used during the welcoming home from the Iraqi conflict ceremonies. Col. Sizemore expressed appreciation for this banner noting that it would be hung in the complex of hangars where returning troops and their families will meet. Approval of Agenda: Councilmember Flanigan moved and Deputy Mayor Wilhite seconded that the amended agenda be approved. The motion carried unanimously. Public Comments: Lloyd Peterson, 2001 North Joel Court, said that during his driving today and his observations of the transit buses, there was only one passenger. He suggests that use of the 16- passenger vans would be a less costly and better service provider for transportation in the area. He also has talked with an Assistant Fire Chief about the possibility of using fire personnel rather than ambulances for transport of emergency cases to the hospital. Fire personnel are first on the scene, have equipment, but no vehicles and he suggests that this be explored. Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 1 Council Reports: Mayor DeVleming reported that Councilmember Munson has been appointed by the Association of Washington Cities to the AWC Resolutions Committee. Mayor DeVleming announced that he has appointed himself to the Friends of Centennial Trail Board. Councilmember Schimmels moved and Councilmember Taylor seconded that the Council confirm appointment of Mayor DeVleming to the Friends of Centennial Trail Board. The motion carried unanimously. Consent Agenda: Deputy Mayor Wilhite moved and Mayor Devleming seconded that the consent agenda be approved including (1) Special Meeting Minutes of March 13, 2003; (2) Study Session Notes of March 13, 2003; (3) Special Meeting Minutes of March 20, 2003; (4) Study Session Notes of March 20, 2003; (5) Regular Meeting Minutes of March 25, 2003; (6) Claims obligations in amount of $306,707.72 plus $497.53 for Check No. 194 from April 8, 2003; and (7) Payroll obligations in amount of $13,108.00. The motion carried unanimously. Agenda Bill No. 2003 -099, Ratification to pretrial, court and probation services agreements: Deputy Mayor Wilhite moved and Councilmember Denenny seconded that the motion to ratify pretrial, court and probation services agreements with Spokane County be removed from the table. The motion carried unanimously. Interim Attorney Schwartz and Interim Deputy Manager McNutt summarized the language changes made to these three agreements after approval of the documents by Spokane Valley City Council and prior to approval by the Spokane County Board of Commissioners. After brief discussion of these changes with staff and County District Court Administrator Ron Miles, Councilmember Munson moved and Councilmember Denenny seconded that the Council ratify language changes made by Spokane County to the pre -trial and municipal court agreements. The motion carried unanimously. Carla McNeely, Chief Probation Officer, reviewed for the Council operation of the probation program. There was discussion with Ms. McNeely and Court Administrator Miles relating to how fees are established for defendants, the County process for collection and distribution of the fees collected, the formula used for establishing cost of the agreement, how fees are set for defendants with multiple charges, and the need for further negotiation on the language in this agreement relating to costs for the service. Councilmember Munson moved and Deputy Mayor Wilhite seconded to table the motion to ratify language included by Spokane County in the probation services agreement. Agenda Bill No. 2003 -106, cable franchise fee amendment: Interim City Clerk introduced the ordinance by reading the title. Deputy Mayor Wilhite moved and Councilmember Denenny seconded to suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 20 A -1, Amending Ordinance No. 20 to Provide for the Payment of Franchise on a Quarterly Basis. Interim Attorney Schwartz said that the City received a letter from Comcast requesting consideration for a change from monthly payment of these fees, and /or extension of due Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 2 date to 30 days following end of report period, and staff is recommending an amendment to address this request. Richard Behm, 3626 South Ridgefield, said that he contacted Comcast about a transfer fee of $10.55 on his bill for this month and was advised that this is the cost for making customer change to Spokane Valley, as well as for a new cycle of billing. The motion carried unanimously to adopt Ordinance No. 20 A -1 amending provision for payment of cable franchise fees. Agenda Bill No. 2003 -107, animal regulations amendment: Interim City Clerk introduced Ordinance No. 56 A -1 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that Council suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 56 A -1, Amending Ordinance No. 56 Which Adopted by Reference Chapters 5.04 and 5.12 of the Spokane County Code as the Animal Control Regulations for the City of Spokane Valley. Interim Attorney Schwartz said that this ordinance provides for cat licensing within Spokane Valley that was not included in the adoption of animal regulations. Nancy Hill, Spokane County Director of Animal Services and a resident of Spokane Valley, urges the Council to reinstate this provision as it reduces the need for euthanasia, helps to offset costs of operation and will support the animal licensing campaign the County will be promoting. Cheryl Mitchell, 28 West August, in Spokane, said that she is a lawyer representing agencies doing animal rescue. The dollars collected from licensing assist in spay /neuter programs and help to educate people of the need for such a program to reduce the production of unwanted cats from abandoned animals. Loyd Peterson, 3001 North Joel Court, said that he has a licensed, large neutered cat that never leaves his yard, and questions why other types of pets are not required to be licensed. The motion to adopt Ordinance No. 56 A -1 carried by majority vote with six aye votes — Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Munson and Schimmels; and one nay vote — Councilmember Taylor. Councilmember Denenny presented to Councilmember Taylor from his fellow councilmembers a license and other items for the Taylor household cat. Agenda Bill No. 2003 -108, Parks Facilities Regulations: Interim City Clerk introduced Ordinance No. 65 by reading the title. Deputy Mayor Wilhite moved and Councilmember Munson seconded to advance to second reading Ordinance No. 65 Adopting Rules for the Use of Park Facilities. Interim Attorney Schwartz said that this ordinance provides rules for the City parks and that there are sections covering both infractions and misdemeanors for violation of these regulations. Interim Parks Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 3 Consultant Hutsinpiller responded to questions from the Council relating to various provisions of these regulations for special events; responsibility for animals in parks; enforcement of the provisions of this ordinance; the use of alcohol on park property; and several modifications to more clearly address the City's intent for regulating the park facilities. The motion to advance Ordinance No. 65 to second reading carried unanimously. Agenda Bill No. 2003 -100, street obstruction regulations: Interim City Clerk read title of Ordinance No. 63 for second reading. Councilmember Munson moved and Councilmember Flanigan seconded to adopt Ordinance No. 63, Adopting Standards and Procedures for Construction Work and Activity Within City Right -of -Way. Interim Engineer Thiel said that this ordinance has been revised to respond to changes discussed during first reading of the ordinance, and that the issue of permit fees will be on a future study session agenda. The motion to adopt Ordinance No. 63 carried unanimously. Agenda Bill No. 2003 -101, special events regulations: Interim City Clerk read title of Ordinance No. 64 for second reading. Councilmember Flanigan moved and Councilmember Taylor seconded to adopt Ordinance No. 64, Adopting Regulations for Special Events. Interim Attorney Schwartz reviewed the sections of the ordinance that were revised following first reading of this ordinance. Dan Eagle, representing the Spokane Soap Box Derby Association, said that this association has been holding derby races on Skipworth Road between 20 Avenue and 24 Avenue for a number of years. Eagle explained the process that the Association goes through in preparation for and during this race to address care of the area, neighborhood notification, traffic control, and clean -up following the race. The Association would like to continue having the derby in this location and supports enactment of this ordinance to provide for such special events. The motion carried unanimously to adopt Ordinance No. 64. Agenda Bill No. 2003 -116, Bridge the Valley support: Councilmember Denenny moved and Deputy Mayor Wilhite seconded that Resolution No. 03 -026 Providing Support for the "Bridging of the Valley ". Interim Public Works Director Warren said that this project will provide for safer traffic intersections, allow for smoother moving traffic, and reduce the number of train whistles that are needed. Council discussed the fact that this resolution does not obligate Spokane Valley to any funding of the project; that support of the project gives a message that the City is interested in helping businesses develop; concern that federal funding for this project could impair ability to bring other funds to the community; that the project will address problem crossings; that the benefits could help to offset costs for the project; and the need to prioritize Spokane Valley's needs in more detail in relation to this project. The motion carried by majority vote with six aye votes — Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Munson and Schimmels; and one nay vote — Councilmember Taylor. Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 4 Agenda Bill No. 2003 -110, animal control services: Councilmember Munson moved and Councilmember Flanigan seconded that the Interim City Manager be authorized to execute Agreement No. CO3 -35 for animal control services with Spokane County. Interim Manager Walton said that staff has negotiated with Spokane County to modestly reduce the cost for animal services, but that the City should actively seek to discuss other options and alternatives for addressing animal control within the City. Chris Anderlik, 23602 Est 1 Avenue, Liberty Lake, said that he is President of Animal Advocates of the Northwest, and that the City would be doing the community a great service if there is continued discussion with Spokane County to work towards regionalized animal control services. This would provide for consistency in the area and could make use of the first -rate County system. Don Kachinsky, 716 South Cross Road, said that the County has an excellent facility and does a good job, but that increased enforcement might help to reduce the cost. Kathy Hardben, representing Partners for Pets, urges the Council to keep promises made that the level of service will be maintained, and this is one service that should be maintained. Laura Hawes, 11623 East Broadway, said that she recently had need for use of County animal control services and was very impressed with their responsiveness and sensitivity. Cheryl Mitchell, suggested that the Council require mandatory spay /neuter and urges that they visit competing facilities so that it can be determined if other facilities can do the necessary job required for first -rate animal services. Doris Nesbaum, said that as a volunteer at the County facility, she has learned that this is a true "haven" and that many people do not understand their responsibility as pet- owners. The staff works at reducing abuse of pets to make the spay /neuter program effective, to educate people about pets, and feels that Spokane Valley should not abandon a program that is recognized as one of the top in the nation for an unknown quantity. Carol Snyder, said that she is concerned that the Council is looking at costs versus quality, and that this facility is excellent with quick, prompt and caring service. Joan Berstay, suggested that the Council visit the shelter and consider what alternatives may be like. Councilmembers discussed the fact that the control of barking dogs is a major problem that needs to be addressed, as well as hours of operation; that the Council has a responsibility to spend the public tax dollars with prudence and if a service is too costly, the public expects the Council to find an effective use of the tax dollars necessary for a service; that pet owners need to cover the cost of service; and that there needs to be further work towards establishing a regional facility. The motion to authorize execution of agreement for animal control services carried unanimously. Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 5 The mayor recessed the meeting at 8:15 p.m. for ten minutes. The meeting reconvened at 8:26 p.m. Agenda Bill No. 2003 -114, Software Package: Councilmember Munson moved and Deputy Mayor Wilhite seconded that the Interim Manager be authorized to execute agreement No. CO3 -114 with Eden Systems. Interim Deputy Manager McNutt said that staff requested proposals for providing financial and permitting software following the appropriate process. All proposals were reviewed with staff and Resource Computing and a selection of the Eden Systems was made for the City's software package. Staff responded to questions relating to timeline for installation and training. The motion carried unanimously. Agenda Bill No. 2003 -112, Engineering Services, Capital Projects: Deputy Mayor Wilhite moved and Councilmember Munson seconded that the Interim Manager be authorized to execute Agreement No. CO3 -32 for Engineering Services, Capital Projects with Spokane County. Interim Public Works Director Warren said that this agreement supports capital projects presently in process funded by state and federal dollars. There was brief discussion of the process for transition of this function to Spokane Valley staff, maximum dollar amount for services and that there is provision for discretionary work that the City may request, and grant administration functions. The motion carried unanimously. Agenda Bill No. 2003 -113, Street Maintenance: Councilmember Taylor moved and Councilmember Flanigan seconded that the Interim Manager be authorized to execute Agreement No. CO3 -33 Regarding Provision of Road Maintenance Services by Spokane County. Interim Public Works Director Warren said that this agreement will be effective once the County road tax money is transferred to Spokane Valley around May 10, 2003, and a fair amount of work is discretionary. County staff is already doing work as directed by Spokane Valley and these functions will be evaluated during 2003 and early 2004 to determine if the City should consider providing these services in- house. Following brief discussion,Councilmember Taylor moved and Councilmember Flanigan seconded that Section 8 be modified to mirror language in the Engineering Services agreement regarding the liability clause. The motion to amend Section 8 carried unanimously. Responding to Councilmember Denenny's question, there was discussion of language added to Section 3 of this agreement relating to payment for services if there are indications that work does not meet Spokane Valley standards. Councilmember Taylor moved and Councilmember Munson seconded that the second paragraph in Section 3 be modified to change the words "in applicable City ordinances and resolutions," to read "as stated in this agreement" and change the word "will" to "may ". The motion to amend Section 3 carried unanimously. Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 6 The motion to authorize execution of Agreement No. CO3 -33 as amended carried unanimously. Agenda Bill No. 2003 -115, Plan Review Services: Councilmember Munson moved and Deputy Mayor Wilhite seconded that Interim Manager be authorized to execute Agreement No. CO3 -31 with Welch Comer & Associates for Professional Services. Interim Engineer Thiel said that as the development work increases and staff works on projects that were in the "pipeline" transferred to Spokane Valley from Spokane County, use of an outside engineering firm provides additional support for processing these permits until Spokane Valley is fully staffed. Welch Comer & Associates was selected from the City's Small Works Roster and does not do engineering work for developers so there will be no conflict of interest in reviewing these development permits. Staff responded to questions and concerns of Councilmember Schimmels relating to the use of a non -local engineering firm for these services, and Council reiterated their policy that the City do business with local firms. The motion to authorize execution of Agreement No. CO3 -31 carried by majority vote with six aye votes — Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Munson and Taylor; and one nay vote — Councilmember Schimmels. Agenda Bill No. 2003 -117, City Manager Agreement: Councilmember Munson moved and Councilmember Denenny seconded that Agreement No. CO3 -66 for Employment of City Manager, David Mercier, be ratified as approved at the April 15, 2003 Study Session meeting. The motion carried unanimously. Councilmember Taylor left the meeting at 9:17 p.m. City Manager and Staff Reports: Interim Attorney Schwartz said that a letter has been sent to the WUTC with notification that Spokane Valley proposes to contract with Waste Management Services and Sunshine Services for solid waste disposal, and that the City may elect to provide its own services as provided by law. Interim Manager Walton advised of the April 23, 2003 training by the State for Planning Commission members and Council. Interim Deputy Manager said that the new City Manager will be available for the April 24, 2003 Council meeting and in City offices on April 25, 2003. The remodel of the Council office area is nearing completion. New Business: Councilmember Flanigan said that the City Hotel /Motel Advisory Committee will hold its first meeting Wednesday, April 23, 2003 at 9:00 a.m. for organization and study session to develop a work program. Councilmember Flanigan said that the Bill in the state legislature allowing an additional seat on the Public Facilities District Board has died, and expressed disappointment about how this came about. Council Minutes, April 22, 2003 Approved by Council: May 27, 2003 7 Councilmember Denenny expressed concern that there had been recent attempts to deal with Spokane Valley about the DARE and SCOPE programs in the media and not directly with Spokane Valley officials Councilmember Schimmels announced that the Public Facilities Board will have a vacancy in December and there should be lobbying of the Board to make an appointment from Spokane Valley Adjournment Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn The motion carried unanimously There being no further business, Mayor DeVleming adjourned the meeting at 9 28 p m ATTEST Interim City Clerk Ruth Muller Council Minutes Apnl 22 2003 Approved by Council May 27 2003 City of Spokane Valley \))-- Mayor Michael DeVle ing 8