2003, 12-02 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, December 2, 2003
Executive Session: 4:30 p.m.
Mayor DeVleming called the meeting to order at 4:30 p.m. All councilmembers were in attendance
except Mike Flanigan and Gary Schimmels. It was moved by Mayor DeVleming and seconded by
Deputy Mayor Wilhite to adjourn into Executive Session as per RCW 42.30.110(g) to discuss a personnel
matter, and to reconvene at 6:00 p.m. into the regular meeting. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried. The meeting adjourned into Executive
Session at 4:32 p.m.
At 4:44 p.m., Mayor DeVleming declared Council out of Executive Session and asked Council to
reschedule the Executive Session to 4:30 p.m., December 16, 2003. It was moved by Councilmember
Munson and seconded by Deputy Mayor Wilhite to reschedule the Executive Session to 4:30 p.m.,
December 16, 2003, for the purpose of discussing a personnel matter as per RCW 42.30.110(g). Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor
DeVleming then called for a recess of today's meeting until 6:00 p.m.
Mayor DeVleming reconvened the meeting at 6:00 p.m., and welcomed everyone to the Council's 33
meeting.
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
Mike Jackson, Parks & Recreation Director
Neil Kersten, Public Works Director
Marina Sukup, Community Development Director
Kevin Snyder, Current Planning Manager
Tom Scholtens, Building Official
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance.
INVOCATION: Pastor Darrell Cole of Spokane Valley Wesleyan Church gave the invocation.
ROLL CALL: City Clerk Bainbridge called roll. All Councilmembers were present.
Council Minutes 12 -02 -03 Page 1 of 4
Date Approved by Council: 12 -23 -03
APPROVAL OF AGENDA: As there were no changes to the agenda, it was moved by Deputy Mayor
Wilhite and seconded by Councilmember Munson to approve the agenda. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Deputy Mayor Wilhite announced that she and Councilmember Denenny attended the recent Spokane
Transit Authority Board meeting where public testimony was given from those who use the bus system as
their only means of transportation; and that some mentioned the possibility of a petition in order to get
this matter on the ballot. Deputy Mayor Wilhite added that it was mentioned that even if fares were
increased it would not be enough to cover the budgetary matters.
Councilmember Flanigan reported that he received 13 grant applications for a total requested amount of
over $592,000; that he estimates the fund for 2004 at $300,000; and looks forward to continuing the
process to the eventual designation of funds.
Councilmember Taylor thanked the Mayor and others for their efforts to have this Thursday's celebration;
and added that new pins are now available.
MAYOR'S REPORT: Mayor DeVleming reported that the Christmas tree is in place for Thursday's
ceremony, and he too thanked everyone who volunteered their time and talents for this celebration,
especially thanked members of SCOPE for their efforts; and invited everyone to come to the celebration.
Mayor DeVleming also announced he received a letter concerning the groundbreaking schedule that PFD
would like to hold with the possibility of combining the openings of the convention center, additions to
the fairgrounds, and CenterPlace, and he asked for council input to join with PFD or hold a separate
groundbreaking. After brief discussion, it was council consensus to hold a separate groundbreaking
ceremony and tentatively set it for December 17.
PUBLIC COMMENT: None were offered.
1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by
Councilmember Munson and seconded by Councilmember Schimmels to approve the Consent Agenda.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
NEW BUSINESS:
2. Proposed Ordinance 03 -096, Annual Appropriation Ordinance for 2004 Budget — Second Reading.
After City Clerk Bainbridge read the Ordinance title, it was moved by Councilmember Munson and
seconded by Councilmember Flanigan to approve Ordinance 03 -096. After brief commentary from
Finance Director Thompson, Mayor DeVleming invited public comment; none was offered. Mayor
DeVleming also extended his thanks to the staff and the finance committee. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
3. Proposed Ordinance 03 -097 Amending Chapter Relating to Adult Retail Businesses — Second Reading.
After City Clerk Bainbridge read the Ordinance title, it was moved by Mayor DeVleming and seconded
by Councilmember Flanigan to approve Ordinance 03 -097. Deputy City Attorney Driskell explained that
no changes have been made since the first reading, and added that this document does not address adult
retail facilities' hours of operation. Driskell said that staff will further examine that issue and it is
tentatively calendared for late January. Mayor DeVleming invited public comment; none was offered.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
Council Minutes 12 -02 -03 Page 2 of 4
Date Approved by Council: 12 -23 -03
4. Proposed Resolution 03 -054 Providing for an Interfund Loan from City's Street Fund to City's
General Fund.
After City Clerk Bainbridge read the Resolution title, it was moved by Mayor DeVleming and seconded
by Councilmember Flanigan to approve Resolution 03 -054. City Manager Mercier stated that the general
fund needs to borrow cash during the current year to pay the start -up costs associated with a new city and
the State Auditor requires a Resolution to provide for an Interfund Loan from the Street Fund to the
General Fund. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Interlocal Cooperation Act Agreement for Establishment of Spokane County Tourism Promotion Area.
City Manager Mercier stated that the Board of County Commissioners recently received an invitation
petition to establish a Tourism Promotion Area and they have scheduled a public hearing on the matter for
December 16, 2003; and that by statute, such an area cannot include property within an incorporated city
unless that City has entered into an Interlocal Agreement with the County of jurisdiction. Mr. Mercier
added that in terms of process, staff recommends Council wait until after the public hearing for
consideration of the agreement. After City Attorney Schwartz went over the highlights of the agreement,
discussion ensued regarding responsibility of proper funding, disestablishment, oversight by the Board of
County Commissioners, possible inclusion of other cities such as Liberty Lake and /or Airway Heights,
and zone assessments. It was council consensus to consider the agreement further at a future council
meeting.
6. Office of Professional Standards Presentation.
Police Chief Cal Walker and Lt. Greg Conner gave an informational presentation concerning the existing
procedures used for handling citizen complaints and comments, and for conducting internal
investigations. Lt. Conner explained that prior to 1996, there was no formal process to handle such issues
and that his job is to scrutinize his department's employees. Lt. Conner said that he prefers if Council
receives a complaint concerning police practices, that such correspondence be forwarded directly to him
or Chief Walker.
7. Ownership Occupancy Options for Police Precinct.
City Manager Mercier explained that staff has been working for months to analyze factors associated with
allocation of space and operational expenses and options related to the City of Spokane Valley police
force's occupancy in the County's Valley Precinct Station on East Sprague Avenue. Mr. Mercier then
briefed Council on the City's proposal for acquiring 49% ownership, the County's counterproposal for
selling 56% of ownership, the County's November 18 letter describing a leasing option, and the costs
associated with those options. After discussion of option preferences, it was council preference that staff
move toward our proposal with a lease option in order to try to have the most favorable financial and
operational option.
8. Street Vacation Ordinance Discussion.
Deputy City Attorney Driskell and Current Planning Manager Snyder gave a PowerPoint presentation and
discussion of the options for processing street vacation requests. The three options presented included:
(1) not charging for any vacation request; (2) charging the statutory amounts — up to 50% if held less than
25 years and no public funds were used to purchase, or 100% if the opposite were true; and (3) a
modification of option 2 whereby council would set a percentage up to 50% for those properties held less
than 25 years or not purchased with public funds. Attorney Driskell said that in terms of cost recovery,
option 2 would be best; and Mr. Snyder added that the best vehicle for cost recovery of actual staff time
would be the fee schedule. Mr. Snyder said over a year's time, staff receives approximately six requests
for street vacations. After further discussion of the options, Mr. Mercier suggested staff come back at a
future meeting to present council with a composite view and a series of scenarios, adding that there could
be instances where no charge should be assessed.
Council Minutes 12 -02 -03 Page 3 of 4
Date Approved by Council: 12 -23 -03
9. Advance Agenda Additions.
The Spokane Transit Authority has confirmed that it will make a presentation to council December 16;
also confirmed was the January 15, 2004 joint meeting of Council and Planning Commission from 3 -5
p.m. Mayor DeV leming added that the planned executive session for today is re- scheduled for December
16 at 4:30 .m.
There being no further business, it was moved, seconded, and unanimously agree upon to adjourn. The
meeting adjourned at 8:35 p.m.
Christine Bainbridge, City Clerk
Michael DeVleming, .yor
Council Minutes 12 -02 -03 Page 4 of 4
Date Approved by Council: 12 -23 -03
NAME
PRESENT /ABSENT
COMMENTS
Mayor Michael
DeVleming- Position No. 3
.
Deputy Mayor .Diana
Wilhite- :Position No. 1
•
Councilmember Dick
Denenny- Position No. 7
Councilmember Mike
Flanigan - Position No. 6
-
Councilmember Rich
Munson- Position No. 5
•
Councilmember Gary
Schinimcls- Position No. 4
.
Councilmember Steve
Taylor - Position No. 2
4
CITY OF SPOKANE VALLEY
C_ /1/0-2 /
COUNCIL MEETING DATE b 3
COUNCIL ROLL CALL
Invocation
Spokane Valley City Council Meeting
Dec. 2, 2003
Heavenly Father,
We are especially reminded of Your great love for us at this season of the year. That. You
would send Your Son to become a man and give His life to pay for our sins, reveals how
amazing Your love really is. As we celebrate His coming as a baby may we not forget
why He came and the price He would pay. I pray that our City's first Christmas
celebration Thursday night will serve as a reminder of Your love.
We pray for those separated from loved ones at this special time of the year. We also pray
for wisdom in the decisions made here that will affect this city and its citizens, and we
pray for a personal blessing on each of these serving us and their families.
Amen.
Pastor Darrell Cole
Spokane Valley Wesleyan Church
Comparison of City and County Partial- Purchase Proposals: Spokane County Valley
Precinct Building
December 2, 2003
*net unincorporated area with 119,844 population as estimate by Washington Office of
Financial Management, April 2003
** County calculations based on total cost and November 2002 estimate of
unincorporated area population totaling 201,849, without consideration for the General
Fund revenues collected from all other incorporated cities in the County and applied
toward the purchase and renovation costs.
* ** Estimate of Valley -based tax revenues used by County for purchase and renovation
expenses
j? /b /i3
City Proposal
9/25/03
District Proposal
10/7/03
Unincorporated
Area Investment'
671,081'
2,400,000*'
City Investment"
459,197
975,046
City Ownership
49%
56%
County Ownership
51%
44%
City Buy -In Cost
$94,639
8368,954
Comparison of City and County Partial- Purchase Proposals: Spokane County Valley
Precinct Building
December 2, 2003
*net unincorporated area with 119,844 population as estimate by Washington Office of
Financial Management, April 2003
** County calculations based on total cost and November 2002 estimate of
unincorporated area population totaling 201,849, without consideration for the General
Fund revenues collected from all other incorporated cities in the County and applied
toward the purchase and renovation costs.
* ** Estimate of Valley -based tax revenues used by County for purchase and renovation
expenses
j? /b /i3