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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