2003, 01-07 Regular Meeting Minutes City of Spokane Valley
City Council Minutes
Regular Meeting
January 7, 2003
The regular meeting of the Spokane Valley City Council was called to order by Mayor
Mike DeVleming at 6:00 p.m.
Councilmembers present: Mayor Mike DeVleming, Deputy Mayor Diana Wilhite,
Councilmembers Dick Denenny, Mike Flanigan, Rich Munson, Gary Schimmels, and
Steve Taylor.
Staff present: Interim Manager Lee Walton, Interim Deputy Manager Stan McNutt,
Interim Attorney Stanley Schwartz, Interim Finance Director Robert Noack, Interim
Planning Director James Harris, Interim Public Works Director Richard Warren, and
Interim City Clerk Ruth Muller.
Invocation: Rev. David Thorin, Chaplain, Good Samaritan Village gave the invocation.
Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance.
Roll Call: Interim City Clerk called roll.
Approval of Agenda: Deputy Mayor Wilhite moved and Mayor DeVleming seconded
that the agenda be approved as printed. The motion carried unanimously.
Public Comments: Blake Gilbert requested that the City assure that adequate attention
is given to addressing clearing sidewalks following snowstorms and that the City focus
on responsive road maintenance operations.
Council Reports: Councilmember Munson reported that the Finance Committee met and
thoroughly reviewed all claims submitted for approval at this meeting; is reviewing
financial procedures; and an interim budget is in work.
Councilmember Denenny reported that the Ad-hoc Governance Committee has been
working on a procedures manual for Council operation that will soon be ready for full
Council review. Mayor DeVleming added that one item we are trying immediately is
having Council study sessions with an informal agenda and in a round table format.
Mayor DeVleming reported that plans for the City Hall open house on January 16, 2003
from 4-6 p.m. are underway with staff and the Valley Chamber organizing this event.
Consent Agenda: Councilmember Taylor moved and Councilmember Denenny
seconded that the consent agenda be approved including (1) December 10, 2002 Regular
Jan.7,2003 Council Minutes,Approved Jan.28,2003 1
Meeting Minutes; (2) December 17, 2002 Regular Meeting Minutes; and Claims
obligations in the amount of$102,593.98. The motion carried unanimously.
Agenda Bill No. 2002-001: Mayor DeVleming requested advice from Interim Attorney
Schwartz on appointment of City officials to regional boards and committees. Schwartz
said that Council Rules of Procedure Section 11.2 provides for appointment to other
committees according to the rules of the particular committee. Timing of appointment is
up to the Council and staff. There was discussion relating to need for appointments from
Spokane Valley to certain committees, the process for appointment, the need to evaluate
time involved and specific interests of a potential appointee. Mayor Devleming moved
and Councilmember Munson seconded that Agenda Bill No. 2002-001 be deferred to the
January 14, 2003 meeting agenda. The motion carried unanimously.
Agenda Bill No. 2003-005: Interim Manager Walton said that he has reviewed the two
insurance programs and proposals submitted by Washington Insurance Authority
(WCIA) and Cities Insurance Association of Washington (CLAW). Walton recommends
that the City accept membership in WCIA as this is a self-insured group of a number of
cities, many similar to Spokane Valley, with immediate access to very strong and reliable
financial resources and reserves, providing very strong support and education services
that are unmatched in quality. WCIA will require a three-year term and a great deal of
participation as it is member-owned; the first year premium will be nominal since there is
no history, with second and third year premiums based upon the City's experience.
Interim Attorney Schwartz suggested that the date in WCIA addendum be changed to
November 20, 2002 to be consistent with Resolution No. 03-011(1) and that a motion be
made to take action on these two items together. Councilmember Denenny moved and
Councilmember Munson seconded that Resolution No. 03-011(1), Authorizing the City
of Spokane Valley, to Enter Into an Agreement for Insurance Services and Coverage and
WCIA Appendix 48-03 to Interlocal Agreement be approved. The motion carried
unanimously.
Agenda Bill No. 2003-006: Interim City Clerk introduced Ordinance No. 13 by reading
the title. Deputy Mayor Wilhite moved and Mayor DeVleming seconded that Ordinance
No. 13 Establishing City Holidays be adopted. Interim Attorney Schwartz advised that
City Ordinance No. 02 established regular office hours for City Hall operation and RCW
1.16.050 governs establishment of holidays. Councilmember Taylor moved and Deputy
Mayor Wilhite seconded that Ordinance No. 13 be amended removing the day following
Thanksgiving and providing for nine (9) City holidays. Councilmember Taylor said that
he believes holidays should be for actual celebration and not for the convenience of staff
There was brief discussion of productivity with City Hall open for one day following a
Thursday holiday and the philosophy for commemorating specific days. Question called
for , the motion to amend to nine (9)holidays failed with two aye votes—Councilmember
Taylor and Deputy Mayor Wilhite and five nay votes—Mayor DeVleming,
Councilmembers Denenny, Flanigan, Munson, and Schimmels.
Mayor DeVleming moved to amend the original motion to provide that Council suspend
its rules for two readings of this ordinance and proceed to final action at this meeting.
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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.
Councilmember Munson moved and Councilmember Flanigan seconded that Ordinance
No. 13, Establishing City Holidays be adopted. The motion carried by majority vote with
five aye votes—Mayor DeVleming, Councilmembers Denenny, Flanigan, Munson, and
Schimmels; and two nay votes—Deputy Mayor Wilhite and Councilmember Taylor.
Agenda Bill No. 2003-007: Interim City Clerk introduced the ordinance by reading the
title. Deputy Mayor Wilhite moved and Councilmember Taylor seconded that Ordinance
No. 14 Establishing Salaries for City Councilmembers and Mayor be moved to Second
Reading on the January 14, 2003 agenda. The motion failed with three aye votes—
Deputy Mayor Wilhite, Councilmembers Munson and Taylor; and four nay votes—
Mayor DeVleming, Councilmembers Denenny,Flanigan and Schimmels.
Councilmember Flanigan moved and Councilmember Denenny seconded that Council
suspend its rules for two readings of this ordinance and proceed to final action at this
meeting. The motion carried unanimously.
Councilmember Munson moved and Deputy Mayor Wilhite seconded that Ordinance No.
14 Establishing the Salaries for City Councilmembers and Mayor be adopted. There was
no public comment on this ordinance. The motion carried unanimously.
Agenda Bill No. 2003-008: Interim City Clerk introduced Ordinance No, 15 by reading
the title. Councilmember Munson moved and Councilmember Denenny seconded that
Council suspend its rules for two readings of this ordinance and proceed to final action at
this meeting. The motion carried unanimously.
Councilmember Taylor moved and Councilmember Flanigan seconded that Ordinance
No. 15 Imposing a Sales and Use Tax as Authorized by RCW 82.14.030(1) be adopted.
Interim Attorney Schwartz said that this ordinance imposes the first half-cent sales tax for
Spokane Valley and diverts the revenue now being collected by Spokane County to the
City,providing for administration and a procedural process with a penalty. This
ordinance and Ordinance No. 16 are very similar, but no referendum provisions are
provided for the first-half cent sales tax under state law, as is provided for in Ordinance
No. 16 for the second-half cent sales tax.
There was no public comment on Ordinance No. 15. The motion to adopt Ordinance No.
15 carried unanimously.
Agenda Bill No. 2003-009: Interim City Clerk introduced Ordinance No. 16 by reading
the title. Councilmember Flanigan moved and Councilmember Taylor seconded that
Council suspend its rules for two readings of this ordinance and proceed to final action at
this meeting. The motion carried unanimously.
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Councilmember Denenny moved and Deputy Mayor Wilhite seconded that Ordinance
No. 16 Imposing a Sales and Use Tax as Authorized by RCW 82.14.030(2) be adopted.
Interim Finance Director Noack said that this ordinance does not change the 8.1% sales
tax presently collected by Spokane County,but will divert the monies collected to
Spokane Valley. The City has filed with the Department of Revenue and businesses
within the City will report sales taxes collected to the City's account number. There was
brief discussion as to the method for notification to businesses about the change in
reporting to Spokane Valley rather than Spokane County, and auditing processes for
assuring that all businesses are properly reporting to the State.
There was no public comment on Ordinance No. 16. Motion to adopt Ordinance No. 16
carried unanimously.
Agenda Bill No. 2003-010: Interim City Clerk introduced Ordinance No. 17 by reading
the title. Councilmember Flanigan moved and Councilmember Taylor seconded that
Council suspend its rules for two readings of this ordinance and proceed to final action at
this meeting. The motion carried unanimously.
Councilmember Taylor moved and Councilmember Flanigan seconded that Ordinance
No. 17 Imposing a One-Quarter Percent Excise Tax on Real Estate Sales, Imposing
Restrictions on Use of the Tax, Providing for Collection and Refunds and Establishing a
Special Fund be adopted. Interim Attorney Schwartz said that Ordinances No. 17 and
No. 18 are linked with each providing for one-quarter percent tax on sale of real property,
this is a diversion of tax presently collected by Spokane County, and proceeds are to be
used for special purposes as defined under Section 1.C., and creates a special fund for
these proceeds.
There was no public comment on Ordinance No. 17. Motion to adopt Ordinance No. 17
carried unanimously.
Agenda Bill No. 2003-011: Interim City Clerk introduced Ordinance No. 18 by reading
the title. Deputy Mayor Wilhite moved and Councilmember Denenny seconded that
Council suspend its rules for two readings of this ordinance and proceed to final action at
this meeting. The motion carried unanimously.
Councilmember Munson moved and Deputy Mayor Wilhite seconded that Ordinance No.
18 Imposing an Additional One-Quarter Percent Excise Tax on Real Estate Sales,
Imposing Restrictions on Use of the Taxes, Providing for Collection and Refunds and
Establishing a Special Fund. Interim Attorney Schwartz said that as with the first one-
quarter percent tax,proceeds collected are receipted into a special fund created by this
ordinance and used to finance projects specified in the Comprehensive Plan capital
facilities element.
Tony Lazanis, 10625 East Trent, questioned the type of capital projects this fund could
finance. Interim Attorney Schwartz advised that RCW 82.56 governs what projects these
monies may finance. Motion to adopt Ordinance No. 18 carried unanimously.
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Agenda Bill No. 2003-012: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Flanigan moved and Councilmember Taylor seconded that Council
suspend its rules for two readings of this ordinance and proceed to final action at this
meeting. The motion carried unanimously.
Councilmember Munson moved and Councilmenmber Denenny seconded that Ordinance
No. 19 Imposing a Leasehold Excise Tax to Obtain the Local Share of Existing Taxes
collected by the State and Spokane County and Providing for Other Matters Properly
Related Thereto. Interim Attorney Schwartz said that this tax is designed to allow
municipalities to recover tax money when private individuals rent public property within
the City that is not on the tax rolls.
There was no public comment on this ordinance. Motion to adopt Ordinance No. 19
carried unanimously.
Agenda Bill No. 2003-014: Councilmember Flanigan moved and Deputy Mayor Wilhite
seconded that Resolution No. 03-013 Authorizing the City Manager to Enter Into an
Agreement With the State of Washington, Department of General Administration for
Purchasing Goods and Services be adopted. Interim Attorney Schwartz said that state
law requires that municipalities go through a bidding process for purchase of goods and
services. The State of Washington has already gone to public bid for a large number of
items that cities can take advantage of through use of this agreement. There was brief
discussion of the process used, types of goods purchased, frequency of state bid process
and ease of use by cities.
There was brief discussion on voting and raising the previous question at Councilmember
Taylor's request.
Doug Rider, 9015 East Mission, questions if the City needs to go to bid if a local business
has a lower cost than the state, and Interim Finance Director indicated that would not be
necessary if the business is on the state contract. Motion to adopt Resolution No. 03-013
carried unanimously.
Agenda Bill No. 2003-015: Interim Deputy Manager McNutt said that the City has
received five telephone proposals in response to the City's Request for Proposal (RFP)
that closed Jan. 3, 2003 at 5:00 p.m. Only about three of these meet the specifications
that were prepared by the City using valuable advice and information contained in the IT
Transition Committee Report, and the proposals range in price from $12,582 to $21,819.
Initial evaluation of these proposals has been completed by staff, but it would be
beneficial to use some professional assistance to review the technical aspects of the
proposals to assure that the system will be harmonious and integrate with the future
computer systems the City will need. A local individual is willing to work with us as a
consultant in the final examination for $100 per hour with time estimated to be
approximately five to six hours.
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Councilmember Munson moved and Councilmember Denenny seconded that Staff be
authorized the use of professional assistance as outlined in Interim Deputy City Manager
memo dated Jan. 7, 2003 and to authorize the Interim City Manager to execute an order
for telephone system upon approval of the Finance Committee, at a cost not to exceed
$21,819 plus professional services costs.
There was no public comment on this motion. Motion carried unanimously.
City Manager and Staff Reports:
Interim Manager Walton reported that the next joint meeting with the Spokane County
Commissioners will be held on Monday, January 27, 2003 from noon to 1:30 p.m. at
Spokane Valley City Hall.
Interim Attorney Schwartz advised that his office and City staff are working from the
matrix to submit ordinances and resolutions for Council adoption, and each meeting there
will be more of these items completed.
Public Comment: Tony Lazanis, 10625 East Trent, said that the Council should
approve larger salaries for their services, since they have an extreme amount of work to
do. Interim Attorney Schwartz explained the state statute requirements for establishing
salaries for the Council.
Jim Uhlenkott, 1328 North Lincoln, Spokane, distributed information to the Council
relating to a basketball event January 18 to January 20, 2003 that raises funds for
underprivileged children in Africa.
Tom DeGeare, 2820 South Avalon Road, said that there are great improvements to the
Council Chamber space, but suggests that councilmembers should dress better. Mayor
DeVleming said that the City does not have a dress code for Council nor is there any state
requirement for one. Councilmember Denenny asked for a show of hands from members
of the community attending this meeting, if they felt there was any disrespect to the office
of councilmember by the way individuals are dressed.
Doug Rider, 11516 East Mission, said that the City should consider closing Barker Road
to truck traffic since the street is in such bad shape, that Barker Bridge will need to be
replaced soon, and Council should consider banning unmuffled jake brakes within the
city limits. Interim Public Works Director Dick Warren advised that staff is meeting with
Spokane County Jan. 8 to assess status of roads within the City. There was discussion
about the ability of the City to restrict traffic on certain roads.
Jack Riley, 11920 East Mansfield, asked who has responsibility for I-90 maintenance
since the ruts in the road are very dangerous. Councilmember Schimmels and Interim
Public Works Director Warren advised of some scheduled freeway work in 2003.
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New Business: Councilmember Taylor said that he is researching information on
potential costs for a city name change and will have a report ready for the Jan. 28, 2003
meeting for formal discussion.
Councilmember Schimmels suggested that an item about changing Council meeting
nights be added to the Jan. 9, 2003 study session. The mayor requested that Staff
schedule this item on an appropriate study session.
Adjournment: There being no further business, Councilmember Flanigan moved and
Councilmember Munson seconded that the meeting adjourn. The motion carried
unanimously.
The meeting adjourned at 7:40 p.m.
ATTEST: APPROVED:
Interim City Clerk Mayor Michael DeVleming
Jan.7,2003 Council Minutes,Approved Jan.28,2003 7