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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. Jan.7,2003 Council Minutes,Approved Jan.28,2003 2 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. Jan.7,2003 Council Minutes,Approved Jan.28,2003 3 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. Jan.7,2003 Council Minutes,Approved Jan.28,2003 4 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. Jan.7,2003 Council Minutes,Approved Jan.28,2003 5 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. Jan.7,2003 Council Minutes,Approved Jan.28,2003 6 , • 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