2003, 05-13 Regular Meeting MinutesCity of Spokane Valley
City Council Minutes
Regular Meeting
May 13, 2003
Mayor Michael DeVleming called the meeting to order at 6:00 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: City Manager David Mercier, Interim Attorney Stanley Schwartz, Interim
Deputy Manager Stan McNutt, Interim Public Works Director Richard Warren, Interim
Engineer Dick Thiel, Interim Parks and Recreation Consultant Bill Hutsinpiller, Interim
Building Official Bob Ely, Interim Long Range Planning Manager Greg McCormick,
Interim Human Resource Manager Don Morrison, and Interim City Clerk Ruth Muller.
Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance.
Invocation: Pastor Bill Dropko, Greenacres Christian Fellowship, gave the invocation.
Roll Call: Interim City Clerk called roll.
Introduction of Special Guests and Presentations: Mayor DeVleming proclaimed
May 10 -18, 2003 as "Tourism Week in Spokane Valley ".
Approval of Agenda: Interim Attorney Schwartz requested that Item No. 12. E. 3. be
deferred to a later meeting as negotiations are still not completed on the stormwater
agreement with Spokane County. Councilmember Munson moved and Councilmember
Taylor seconded that the agenda be approved as modified. The motion carried
unanimously.
Committee, Board, Liaison Summary Reports: Councilmember Flanigan reported
that the County animal licensing campaign will be marketed by a Committee including
representatives from Spokane Valley, Spokane and the County.
Councilmember Denenny reported that the Spokane Transit Authority Task Force is in
the process of developing a number of surveys to gauge current public perception of the
STA and to garner support.
Mayor Report: Mayor DeVleming reported that the Council has scheduled a special
study session meeting on May 15, 2003 for discussion of two issues — junk
vehicles /nuisance abatement and policy on cost recovery for services provided to the
public.
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The Mayor announced that the first community conversation with Council is scheduled
for June 26, 2003 at 2:00 p.m. at the Spokane Valley Senior Center. These forums will
be scheduled three to four times per year to give the Council and Staff an opportunity to
hear from the community on issues.
Consent Agenda: Deputy Mayor Wilhite moved and Councilmember Flanigan
seconded that the consent agenda be approved including (a) Special Meeting Minutes of
March 27, 2003; (b) Regular Meeting Minutes of April 1, 2003; (c) Claims obligations in
amount of $289,781.60; (d) Payroll obligations in amount of $14,098.81; (e) Resolution
No. 03 -027, Establishing a General Policy Resolution Emanating from the Core Beliefs
of the City Council and Community and Setting Forth Duties of Both Elected and
Appointed Officials of the City to Help Guide Legislative and Executive Decisions
Toward Effective, Responsive, and Open Government; (f) Resolution No. 03 -028 Setting
Rules of Procedure for City Council Meetings, Public Hearings, Legislative Process and
Public Comments or Complaints, including approval of telephone tree memo, Exhibit A-
1, telephone tree chart, Exhibit A -2, parliamentary procedure, Exhibit A -3, legislative
process, Exhibit A -4, committee structure and rules, Exhibit A -5, task force /town hall
model, Exhibit A6(1), multi - agency coordinating task force model, Exhibit A6(2),
citizens' task force model, Exhibit A -7; and (g) approval of Engineering Technician
position. The motion carried unanimously.
Agenda Bill No. 2003 -118, Ratification of County changes to Street Maintenance
Services agreement: Deputy Mayor Wilhite moved and Councilmember Denenny
seconded that the Council ratify County language changes to Street Maintenance Services
Agreement No. CO3 -33. City Manager Mercier introduced Interim Public Works
Director Warren who reported that this agreement will not go into effect until the end of
May, since the County has not yet transferred all of the road tax money to Spokane
Valley. Interim Attorney Schwartz summarized the language changes made by the
County in Section 3 to the paragraph amendment made by Spokane Valley during its
approval of this agreement on April 22, 2003.
Staff responded to Council questions regarding this section of the agreement and the
City's ability to assure that all work is performed to City standards, and options if work
performed under this agreement is not satisfactory.
There was Council discussion of the need to require satisfactory work, the difference
between this maintenance agreement and formal construction contracts, the need for
Spokane Valley to protect the citizens of this community, that the City's rights should be
properly expressed in an agreement, the ability of Spokane Valley to use outside forces
for the discretionary items in the agreement, and the need to continue further negotiations
with Spokane County on the language in this agreement.
Councilmember Munson moved and Councilmember Flanigan seconded to table the
motion to ratify new language in Agreement No. CO3 -33. The motion carried by
majority vote with four aye votes — Deputy Mayor Wilhite, Councilmembers Denenny,
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Flanigan, and Munson; and three nay votes — Mayor DeVleming, Councilmembers
Schimmels and Taylor.
Agenda Bill No. 2003 -108, Parks Facilities Regulations: Interim City Clerk read the
title of Ordinance No. 65 for second reading. Councilmember Mujnson moved and
Councilmember Flanigan seconded to adopt Ordinance No. 65 Adopting Rules for the
Use of Park Facilities. City Manager Mercier introduced Interim Parks and Recreation
Consultant Hutsinpiller who reviewed changes made to this ordinance as directed by
Council during first reading of the ordinance. The motion carried unanimously to adopt
Ordinance No. 65.
Agenda Bill No. 2003 -119, Reauthorizing the "SCOPE" Program: Councilmember
Flanigan moved and Councilmember Munson seconded that Council authorize the
continuation of the current SCOPE program within the City of Spokane Valley as an
extension of the City's contract with the Spokane County Sheriff. City Manager Mercier
said that imbedded in this motion is that cost for the program needs to be addressed by
budget amendment at a future study session. The motion carried unanimously.
Agenda Bill No. 2003 -120, Community Development Block Grant Consortium:
Councilmember Munson moved and Councilmember Denenny seconded that staff be
authorized to send a letter to Spokane County and the U.S. Department of Housing and
Urban Development (HUD) stating the City's intent to participate in the County's
Community Development Block Grant (CDBG) consortium. City Manager Mercier said
that the Council reviewed the three options available to the City for these funds at a study
session. The motion carried unanimously.
Agenda Bill No. 2003 -121, Fireworks Regulations: Interim City Clerk introduced
Ordinance No. 66 by reading the title. Councilmember Munson moved and
Councilmember Flanigan seconded that the rules be suspended for two readings of this
ordinance, advance to second reading and adopt Ordinance No. 66 Regulating the Use
and Possession of Fireworks Within the City in a Manner Consistent with Title 3 of the
Spokane County Code and the Revised Code of Washington, Chapter 70.77 to Prohibit
the Sale or Discharge of Consumer Fireworks Within the City of Spokane Valley. City
Manager Mercier introduced Interim Building Official Ely who said that this ordinance
was developed at the direction of the Council and prohibits the use, storage, and
manufacture of fireworks within Spokane Valley. The motion carried unanimously to
adopt Ordinance No. 66.
Agenda Bill No. 2003 -122, Employee Salary Schedule Amendment: Interim City
Clerk introduced Ordinance No. 62 A -1 by reading the title. Councilmember Munson
moved and Deputy Mayor Wilhite seconded that the rules be suspended for two readings
of this ordinance, advance to second reading and adopt Ordinance No. 62 A -1 Replacing
the Adopted Employee Position Classification and 2003 Monthly Salary Schedule of the
City. City Manager Mercier introduced Interim Human Resources Manager Morrison
who said that this is a proposal to broaden the salary range allowing the City Manager
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more options in the hiring process. The motion carried unanimously to adopt Ordinance
No. 62 A -1.
Agenda Bill No. 2003 -123, Bond Reimbursement: Councilmember Munson moved
and Councilmember Denenny seconded to adopt Resolution No. 03 -029 Setting Forth the
City's Official Intention to Make Certain Improvements and Betterments to the City's
Regional Entertainment Facilities and the Issuance of Limited Tax General Obligation
Bonds to Pay Part of the Cost of Such Improvements; Authorizing the Designation of a
City Official to Determine Expenditures to be reimbursed with Project Financing; and
Providing for Other Matters Properly Relating Thereto. City Manager Mercier
introduced bond counsel Michael Ormsby who said this document provides for
reimbursement from bonds for staff expense of planning and other activities associated
with the Mirabeau CenterPlace project. The motion carried unanimously to adopt
Resolution No. 03 -029.
Agenda Bill No. 2003 -125, Job Descriptions: Councilmember Denenny moved and
Deputy Mayor Wilhite seconded to adopt Resolution No. 03 -031 Adopting Job
Descriptions for all City Positions. City Manager Mercier introduced Interim Human
Resource Manager Morrison who said that amendments to these job descriptions have
been made at the direction of Council to make sure standards are consistent in all
positions. The motion carried unanimously to adopt Resolution No. 03 -031.
Agenda Bill No. 2003 -126, Employee Pay Plan: Councilmember Denenny moved and
Deputy Mayor Wilhite seconded to adopt Resolution No. 03 -032 Adopting a Pay Plan for
the City. City Manager Mercier introduced Interim Human Resource Manager Morrison
who said that the budget authorizes positions and salaries, and this pay plan is a
mechanism to walk employees through a salary range from entry -level to top- level. The
motion carried unanimously to adopt Resolution No. 03 -032.
Agenda Bill No. 2003 -129, Housing Authority: Councilmember Flanigan moved and
Councilmember Munson seconded to adopt Resolution No. 03 -033 Declaring the Need
and Authorizing the Spokane Housing Authority to Exercise Authority Within the City of
Spokane Valley. City Manager Mercier introduced Dianne Quast, Executive Director of
the Housing Authority, who said that following briefing to the Council at a study session,
the Board has indicated that there will be a review as to how to take action for providing
a voting seat on the Board for Spokane Valley. The motion carried unanimously to adopt
Resolution No. 03 -033.
Agenda Bill No. 2003 -127, Bond Underwriter: City Manager Mercier said that three
firms have offered their services to the City as bond underwriter, with two of the firms
present at this meeting. Sean Keats, Lehman Brothers summarized his involvement in
regional projects in the Spokane County area and specifically working with the Public
Facilities District on the Mirabeau project. Keats responded to questions of the Council.
Jack McLaughlin, D. A. Davidson & Company reviewed his experience as a local bond
underwriter in the Spokane area, clarified his proposal relating to bond insurance and
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rating, and summarized his firm's ability to develop essential data on Spokane Valley for
bond issuance.
Interim City Manager Walton said that the Mirabeau project has the support of the voters,
there have been many months of meetings with the four agencies involved in the projects
to be funded, both of these firms are exceptionally qualified to perform this work, but it is
his recommendation that Lehman Brothers be selected as Mr. Keats has been involved
during agency discussions over the past months and is expected to serve as the County
underwriter, so service for Spokane Valley could be simplified using this firm.
Councilmember Taylor moved and Councilmember Munson seconded that the City
Manager be authorized to execute an agreement with Lehman Brothers to serve as Bond
Underwriter with regard to the proposed issuance of $7,000,000 in Limited General
Obligation bonds for the construction of the CenterPlace project located in Mirabeau
Park. There was discussion as to the excellent qualifications of both firms, value in
dealing locally, securing of rating for the City, complexity of this project and need to
recognize expertise for best representation on behalf of Spokane Valley. The motion
carried by majority vote to authorize agreement with Lehman Brothers with five aye
votes — Deputy Mayor Wilhite, Councilmembers Flanigan, Munson, Schimmels and
Taylor; and two nay votes — Mayor DeVleming and Councilmember Denenny.
Agenda Bill No. 2003 -128, Storm Water Services: Interim Attorney Schwartz said that
he asked for delay of this agreement since some of the language contained in the
agreement is troubling and not what Spokane Valley would expect, so staff will continue
to negotiate with Spokane County. City Manager Mercier said that this item will be
added to the May 20, 2003 study session agenda to collect all concerns relating to the
agreement.
Administrative Reports: City Manager Mercier reported that Spokane County has
accepted ownership of Dishman Hills.
Interim Deputy Manager McNutt reported that staff will analyze revenue and billings
recently received from Spokane County and report to the Finance Committee.
Interim City Clerk reported that registrations should be made soon for the Association of
Washington Cities Annual Conference in Spokane June 18 -20.
City Manager Mercier advised that the April 2003 Building Department Report is
included in the agenda packet. Each department will be submitting monthly reports to be
included in Council packets for the second regular meeting of the month.
Executive Session: Mayor DeVleming announced that the Council will go into
executive session for approximately 15 minutes to discuss potential litigation, and no
action is planned following the executive session.
The meeting recessed to executive session at 7:58 p.m.
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The meeting reconvened from executive session at 8 33 p m
Adjournment Councilmember Flanigan moved and Councilmember Munson seconded
that the meeting adjourn The motion carried unanimously
There being no further business the meeting adjourned at 8 35 p m
ATTEST
Christine Bainbridge, City Clerk
Council Minutes May 13 2003
Approved by Council 06 10-03
APPROVED
Michael DeVlemmg, M. or
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