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2002, 12-03 Regular Meeting Minutes City of Spokane Valley City Council Minutes Regular Meeting December 3, 2002 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 Steve Taylor, Gary Schimmels, Rich Munson, Mike Flanigan and Dick Denenny. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Finance Director Robert Noack, Interim Public Works Director Dick Warren, Interim Receptionist Karin Bosworth, and Interim City Clerk Ruth Muller. Invocation: Councilmember Munson gave the invocation. Roll Call: Interim City Clerk called roll. Approval of Agenda: Interim Attorney Schwartz answered questions posed by Council relating to process for agenda items, suggesting that Council may wish to suspend their rules on Ordinances No. 01 through No. 04 to waive requirement for first reading and move to final action this meeting. Councilmember Denenny moved to approve the agenda as printed and Deputy Mayor Diana Wilhite seconded the motion. The motion carried unanimously. Public Comments: The Mayor opened the meeting for public comments. Glen Kivett, 17 North Walnut Road, stated that he is a 40-year resident of the Valley and did not support incorporation. He questioned (a) if the City could address the need for more frequent pedestrian crosswalks on Sprague Avenue, since there is a great distance between intersections; and(b) whose responsibility it is to clear sidewalks of snow. Councilmember Munson requested that the City Manager contact the County and respond to these questions. Council Reports: Councilmember Denenny noted that the City Council of Liberty Lake, in their November 14, 2002 correspondence, suggested a joint meeting with Spokane Valley and that there is a December 5, 2002, Mayor's meeting in Cheney. Councilmember Munson stated that the Council should begin thinking about transitioning from the preincorporation committee structure to address how the City will address certain areas. Approved by Council on December 10,2002 Action Items: A) Consent Calendar Mayor DeVleming requested that the November 26, 2002 minutes be corrected on Page 5, Resolution 02-05, for public notice posting at Trentwood rather than Opportunity post office in accordance with Council agreement. Councilmember Denenny moved and Councilmember Flanigan seconded to approve the consent calendar, (1)Nov. 26, 2002 City Council minutes and(2) no claims obligations. The motion carried unanimously. B) Motions (1) Request For Proposal(RFP) for Legal Publications. Interim Attorney Schwartz stated that state statute sets out requirements for official publication of city notices and it is necessary to establish an official newspaper for legal notices of the City. Councilmember Flanigan moved to approve the RFP for Newspaper Publication Services and Councilmember Denenny seconded the motion. The motion carried unanimously. (2) Contract for Interim Management Services and Contract for City Manager Search. Councilmember Munson moved and Deputy Mayor Diana Wilhite seconded that the agenda be amended to remove Contract for Interim Management Services from this agenda and schedule for action at the December 10, 2002 meeting. The motion carried unanimously. Greg Prothman, of The Prothman Company, reviewed the process and timetable he has prepared to start the search for the first City Manager for Spokane Valley with final interviews planned in mid-March 2003. Mr. Prothman responded to several questions of councilmembers relating to this contract, steps and actions required in the timetable, materials used in the search process, and types of employment contracts. Councilmember Taylor moved and Councilmember Denenny seconded that the Council authorize Prothman Company to proceed with the search to develop criteria for a City Manager search. Following brief discussion, the motion and second were withdrawn. Councilmember Taylor moved and Councilmember Denenny seconded that the Council authorize the mayor to execute agreement with Prothman Company as presented in the letter of submittal dated December 2, 2002. The motion carried unanimously. (3) Interim Legal Services. Councilmember Munson moved and Councilmember Taylor seconded that the Mayor be authorized to execute Contract with Witherspoon, Kelley, Davenport & Toole, P.S. for Interim Legal Services. The motion carried unanimously. Approved by Council on December 10,2002 2 C) Ordinances (1) Ordinance No. 01 Establishing Interim Staff Positions.Interim City Clerk introduced Ordinance No. 01 by reading the title. Councilmember Munson moved and Councilmember Taylor seconded that City Council suspend its rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Flanigan moved and Councilmember Taylor seconded adoption of Ordinance No. 01 Establishing the Positions of Interim City Attorney, Interim City Manager, Interim City Clerk, and Other Positions Including Appointments Plus Providing for Other Matters Related Thereto. Interim Attorney Schwartz reviewed contents of the ordinance, noting that he has included a City Policy in Section 8 of this ordinance that shall be deemed incorporated into all contracts and agreements made during the interim period. Mr. Schwartz responded to questions from councilmembers relating to adding new positions, difference between this ordinance and agreement with Prothman Company, and use of individual names. The motion to adopt Ordinance No. 01 carried unanimously. (2) Ordinance No. 02 Setting Days and Hours of Operation of City Hall. Interim City Clerk introduced Ordinance No. 02 by reading the title. Councilmember Munson moved and Councilmember Schimmels seconded that City 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 Diana Wilhite seconded that City Council adopt Ordinance No. 02 Setting the Days and Hours of Operation of City Offices. The motion carried unanimously. (3) Ordinance No. 03 Authorizing Payment of Claims. Interim City Clerk introduced Ordinance No. 03 by reading the title. Councilmember Denenny moved that City Council suspend the rules for two readings of this ordinance and proceed to final action at this meeting. The motion and second were withdrawn. Interim Attorney Schwartz summarized content of this ordinance. Councilmembers discussed who should sign checks and how many signatories should be designated. Interim Attorney Schwartz suggested an amendment to Section 1 authorizing City Manager, two designated Councilmembers and Finance Director to sign checks with all checks to be signed by one authorized councilmember and one staff member. Councilmember Taylor moved and Councilmember Flanigan seconded that City Council suspend the 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 Diana Wilhite seconded that Ordinance No. 03 as amended be adopted Authorizing the Payment of Claims or Other Obligations by Check Pursuant to RCW 35A.40.020. The motion carried unanimously. Approved by Council on December 10,2002 3 (4) Ordinance No. 04 Appointing an Auditing Officer. Interim City Clerk introduced Ordinance No. 04. by reading the title. Councilmember Denenny moved and Councilmember Flanigan seconded that City Council suspend the rules for two readings of this ordinance and proceed to final action at this meeting. At the request of two Councilmembers to postpone this action until after the discussion, the motion and second were withdrawn. Interim Attorney Schwartz summarized content of this ordinance. Interim Finance Director Noack and Interim City Manager Walton reviewed with councilmembers the process for auditing purchase/service invoices submitted to the City and the need for checks and balances to assure that public money is being properly expended. Councilmember Taylor moved and Councilmember Flanigan seconded that City Council suspend the rules for two readings of this ordinance and proceed to final action at this meeting. The motion carried unanimously. Councilmember Denenny moved and Councilmember Munson seconded that Ordinance No. 04 Appointing an Auditing Officer be adopted. The motion carried unanimously. (5) Ordinance No. 05 Adopting Interim 2002 Budget. Interim City Clerk introduced Ordinance No. 05 by reading the title. Interim Finance Director Noack reviewed the operating budgets that will be necessary during the period prior to and after incorporation, and that this 2002 Interim Budget does not need to have the detail required for other budgets, noting that the summary provided to Council includes expected expenditures through 2002. Councilmember Munson moved and Councilmember Taylor seconded that City Council suspend the rules for two readings of this ordinance and proceed to final action at this meeting. Councilmember Munson questioned if it is necessary for a public hearing prior to adoption of this budget. Interim Finance Director Noack stated that information from the state auditor indicates that for this short-term budget, since the proposed budget had been published on the agenda and reviewed publicly at this meeting, no public hearing is necessary; however, Council is free to hear public comments on the proposed budget. The Mayor opened the meeting for public comments on the proposed interim budget for the period November 20 through December 31, 2002. Bob Davis, 1020 North Sargent Road, questioned whether Council can approve a budget without details. Interim Manager Walton responded that this is an estimated budget and the proposed Finance Committee will have responsibility for review of detailed expenses submitted for approval. Dan Meckel, 1022 South Veradale, suggested that the City use Quickbooks for payroll in-house rather than a payroll company. Interim Manager Walton said that cities are required to adhere to certain state requirements relating to expenditures that are not available in Quickbooks. Approved by Council on December 10,2002 4 Tony Lazanis, 10625 East Trent, questioned if the City will secure bids when purchasing. Interim Manager Walton said that the first priority will be to use local businesses, then to secure the best value, and for many large items cities can use the State purchasing contract that provides very economical purchasing. Bob Blum, 12722 East 15th Avenue, said that he understands the need for adoption of many ordinances during this interim period prior to incorporation, and can see the reason for suspension of rules for two readings of ordinances, but is concerned that Council may be moving too hastily especially on financial issues. He cautioned that attention to detail is a necessary requirement for members of the proposed Finance Committee to have. Question was called for and the motion to suspend rules on this ordinance carried unanimously. Councilmember Taylor moved and Councilmember Munson seconded to approve Ordinance No. 05 Adopting an Interim Budget for the Interim Period Through December 31, 2002 With Exhibit"A" Incorporated as a Part of the Ordinance. The motion carried unanimously. Councilmembers expressed agreement with cautions expressed by citizens, but this is urgent and all items included as proposed expenses have been discussed at this meeting. D) Resolutions (1) Resolution No. 02-07 Establishing Interim Depository Bank. Interim City Clerk introduced the Resolution by reading the title. Since the agenda included a different resolution title than this proposed resolution, Deputy Mayor Diana Wilhite moved and Councilmember Munson seconded to amend the agenda to add Resolution No. 02-07 Establishing Interim Depository Bank. The motion carried unanimously. There was brief discussion as to differences between a resolution and ordinance, and that this is an interim requirement to allow for payment of City obligations; the City is seeking banking Request for Proposals (RFP) from banks for an official bank depository after incorporation. Councilmember Munson moved and Councilmember Taylor seconded that Resolution No. 02-07 Establishing an Official Interim Depository Bank for the City of Spokane Valley be approved. The motion carried unanimously. City Manager and Staff Reports Interim Manager Walton reported that Spokane County Commissioners have approved a $1 million line of credit from the County Road Fund to the City at no interest until Spokane Valley's road taxes are collected in 2003. Approved by Council on December 10,2002 5 Interim Public Works Director Dick Warren reported that he has had a number of meetings with County and State officials to determine what contracts will be necessary for execution. These items will be on Council agendas sometime after the first of the year. Public Comments The Mayor opened the meeting for public comments. Bill Gothmann, 10010 East 48`"Avenue, referred to the timeline discussed for the City Manager search and questioned if there is a problem if the City has not hired a Manager by date of incorporation. Duane Schofield, 16317 East Main representing the Spokane County Property and Business Owners Association, submitted a memorandum addressing the need for the City of Spokane Valley to preserve the Valley business cores and prevent urban sprawl. The Association offers assistance as the City begins addressing these issues. Tony Lazanis, 10625 East Trent said that since Spokane Valley is a pretty good sized city, the Council should consider developing a city charter to include protection by establishing requirement for super majority vote. Interim Attorney Schwartz explained that a non-charter code city has every power of all other cities and towns, but there is no charter required; the majority of emergency actions taken by a non-charter code city require a majority plus one vote. Mayor DeVleming recessed the meeting at 7:50 p.m. for a ten-minute recess. The meeting reconvened at 8:10 p.m. and Council went into Study Session. The Study Session was completed at 9:12 p.m. Adjournment There being no further business, Councilmember Flanigan moved and Councilmember Taylor seconded that the meeting adjourn. The motion carried unanimously and the meetingadjourned at 9:15 p.m. ATTEST: APPROVED: Q4:vviti Interim City Clerk Mayor Michael DeVlemi Approved by Council on December 10,2002 6