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2003, 03-20 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 20, 2003 Mayor Michael DeVleming called the special meeting of the Spokane Valley City Council to order at 6:04 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Finance Director Robert Noack, Interim Community Development Director Jim Harris, Interim Building Official Bob Ely, Interim City Engineer Dick Thiel, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Councilmember Taylor gave the invocation. Pledge of Allegiance: Councilmember Denenny led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Presentations: Councilmember Munson suggested that Spokane Valley join other organizations in support of our United States Military and read a proposed proclamation. Councilmember Flanigan moved and Councilmember Taylor seconded that Spokane Valley proclaim March 23-29, 2003 as "Support Our Troops Week". The motion carried unanimously. Approval of Agenda: Councilmember Taylor moved and Deputy Mayor Wilhite seconded that the Agenda be approved as submitted. The motion carried unanimously. Council Reports: Deputy Mayor Wilhite reported that the Finance Committee has reviewed expenditures in relation to interim budget appropriations and these are consistent with estimated expenses; expenditures for the past two weeks were recommended for approval. Councilmember Flanigan reported that community response to the events during the incorporation celebration is very good and tickets for all events are available. Councilmember Flanigan reported that Senate Bill 6026 and its companion House Bill 1581 relating to formation of Parking and Business Improvement Districts are moving through both houses. An amendment to House bill 1581 removing County legislative authority to form these districts within corporate boundaries of cities is still being considered. Council Minutes,March 20,2003 Approved by Council April 22,2003 Page 1 of 6 Councilmember Taylor reported that he met recently with Justin Morris of the Child Home Society regarding the capital campaign for building at Mirabeau Center in regard to a request submitted to Representative George Nethercutt's office for $500,000. Council concurred that a letter stating Spokane Valley's support of this request be prepared for signature. Councilmember Denenny reported on the Spokane Transit Authority (STA) task force activity noting that there is a different attitude at STA now with the hiring of a new manager and a new communications firm. There is a new approach to actively involve the public regarding the needs for public transit, which is very encouraging. Mayor DeVleming reported that today, he and Councilmembers Flanigan, Munson, and Schimmels attended an emergency management workshop. A committee will be appointed in the near future to begin work on preparing an emergency plan for the City as required by law. Mayor DeVleming noted that all Planning Commission applications are to be submitted by March 21, 2003 at 5:00 p.m. Agenda Bill No. 2003-058 (Property Tax): Interim City Clerk introduced Ordinance No. 55 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that the rules be suspended for two readings of this ordinance and to adopt Ordinance No. 55 Levying the Regular Property Taxes for the City of Spokane Valley, Washington in Spokane County for the Year Commencing January 1, 2004 to Provide Revenue for City Services as Set forth in the City Budget. Interim Manager Walton said that adopting this ordinance gets information on the County books regarding the Spokane Valley tax levy rate. This levy rate is actually a decrease to property taxes of City residents of approximately $0.24 per $1000 of assessed valuation. Annette Remshard, 1705 North McMillan Lane, said that there is a great deal of concern among residents about any increase to taxes, and urged the Council to include information to the public about the decrease so that there is a better understanding by the community. The motion to adopt Ordinance No. 55 carried unanimously. Agenda Bill No. 2003-078 (Animal Control Regulations): Interim City Clerk introduced Ordinance No. 56 by reading the title. Councilmember Flanigan moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 56 Adopting by Reference Chapters 5.04 and 5.12 of the Spokane County Code as the Animal Control Regulations for the City of Spokane Valley. Interim Manager Walton said that this ordinance, with the removal for licensing of cats,provides for animal regulations until the City has time to develop its own regulations. Tony Lazanis, 10625 East Trent, suggested that an ordinance be created for barking dogs. The motion to adopt Ordinance No. 56 carried unanimously. Council Minutes,March 20,2003 Approved by Council April 22,2003 Page 2 of 6 Agenda Bill No. 2003-079 (Hearing Examiner Jurisdiction): Interim City Clerk introduced Ordinance No. 57 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded to suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 57 Establishing the Office of Hearing Examiner, Adopting a Hearing Examiner System, Conferring Jurisdiction and Providing for Rules and Regulations. Interim Manager Walton said that his ordinance has been reviewed by the County Hearing Examiner who will be hearing Spokane Valley appeals. Interim Community Development Director Harris said that use of a hearing examiner helps to relieve the volume of work before the Council, as the land use appeals are heard before a professional. Harris responded to questions of the Council relating to language in the ordinance and the appeal process. Tony Lazanis, 10625 East Trent, said this process should be carefully explained to the public. The motion to adopt Ordinance No. 57 carried unanimously. Agenda Bill No. 2003-041 (Employee Personnel Policies and Benefits): Interim City Clerk read the title of Ordinance No. 44 for second reading. Councilmember Munson moved and Councilmember Flanigan seconded to adopt Ordinance No. 44 Establishing a Human Resources System for the City and Outlining the Basic Personnel Policies and Employee Benefits of City Employees. The motion carried unanimously. Agenda Bill No. 2003-080, Pre-Trial Services Interlocal (Agreement No. CO3-21) Deputy Mayor Wilhite moved and Councilmember Schimmels seconded that the Interim City Manager be authorized to execute Agreement No. CO3-21 for Pretrial Services in the City of Spokane Valley. Interim Manager Walton said that this agreement has been negotiated between City staff and Spokane County staff and it is recommended for execution. Walton responded to Council questions relating to procedures for indigent counsel appointment. The motion carried unanimously. Agenda Bill No. 2003-067, Probation Services Interlocal (Agreement No. CO3-17) Deputy Mayor Wilhite moved and Councilmember Taylor seconded that the Interim City Manager be authorized to execute Agreement No. CO3-17 for Probation Services for the City of Spokane Valley. Interim Manager Walton said that this agreement has been negotiated between City staff and Spokane County staff and is recommended for execution. The agreement is at no cost to the City, as assessments are levied by the Court that cover costs for service. The motion carried unanimously. Agenda Bill No. 2003-066 Jail Services Interlocal (Agreement No. CO3-16) Councilmember Denenny moved and Councilmember Flanigan seconded to authorize the Interim City Manager to execute Agreement No. CO3-16 Between Spokane County and City of Spokane Valley Regarding Cost Sharing for Jail Services. Interim Manager Walton said that this agreement has been negotiated between City staff and County staff Council Minutes,March 20,2003 Approved by Council April 22,2003 Page 3 of 6 and is recommended for execution. Councilmember Munson questioned if the City can bill prisoners for any of the jail housing costs; staff will research this question. Annette Remshard, 1705 North McMillan Lane, stated her concern about the relationship between the City and County regarding law enforcement services, and urged the Council to assure that the City is not unfairly represented in these agreements. Councilmembers Munson and Denenny noted that there will be on-going review of how these agreements are working and that in the case of the law enforcement services agreement, Spokane Valley has taken control and there must be accountability to Spokane Valley Council. Tim Rose, 904 North Phelps, questioned when Spokane Valley becomes responsible since it appears in his neighborhood that deputies seem to be resentful and are not respectful to the citizens. Interim Manager Walton explained that after incorporation on March 31, 2003, Spokane Valley is responsible and the deputies will be assigned specific areas to help them become more knowledgeable and responsive to their assigned area; any action by a deputy that is of concern by a neighborhood should be reported to the City and to the Sheriff Valley precinct. The motion to authorize execution of Agreement No. CO3-16 carried unanimously. Agenda Bill No. 2003-081, Building and Construction Permit Transition (Agreement No. CO3-20). Deputy Mayor Wilhite moved and Councilmember Schimmels seconded to authorize the Interim City Manager to execute agreement No. CO3-20 Between Spokane County and the City of Spokane Valley Relating to Processing of Building and Construction Permit Applications. Interim Manager Walton said that this agreement minimizes inconvenience to people by providing that Spokane County will complete all building permits presently in work. New permits as of March 31, 2003 will be issued by Spokane Valley. The motion carried unanimously. Agenda Bill No. 2003-083, Roads Maintenance,WSDOT (Agreement No. CO3-24) Councilmember Flanigan moved and Councilmember Taylor seconded to authorize the Interim City Manager to execute agreement No. CO3-24 for State Department of Transportation Maintenance of City of Spokane Valley Owned Roadway on State Route 27 (Pines) and State Route 290 (Trent). The motion carried unanimously. Agenda Bill No. 2003-084, Sign and Signal Maintenance,WSDOT (Agreement No. CO3-25) Councilmember Flanigan moved and Councilmember Taylor seconded to authorize the Interim City Manager to execute agreement No. CO3-25 for State Department of Transportation Maintenance of City of Spokane Valley Owned Traffic Signals and Illumination on State Route 27 (Pines) and State Route 290 (Trent). Interim Manager Walton said that electrical power for these signals is the responsibility of the City, and that these two agreements with the State are very clear agreements. The motion carried unanimously. Council Minutes,March 20,2003 Approved by Council April 22,2003 Page 4 of 6 Agenda Bill No. 2003-082, Engineering Services Memorandum of Understanding (Agreement No. CO3-23). Councilmember Munson moved and Councilmember Denenny seconded that the Interim City Manager be authorized to execute agreement No. CO3-23, Memorandum of Understanding Between the City of Spokane Valley and Spokane County for Engineering Services. Interim Manager Walton said that this MOU will allow projects to continue until such time as the City and County have approved a contract for engineering services. Tony Lazanis, 10625 East Trent, asked if this is for the rest of 2003, and was advised that the MOU covers projects presently underway or about to bid. The motion to authorize execution of CO3-23 carried unanimously. . Agenda Bill No. 2003-085, Hearing Examiner Services Interlocal (Agreement No. CO3-22) Councilmember Munson moved and Councilmember Schimmels seconded to authorize Interim City Manager to execute agreement No. CO3-22 Between City of Spokane Valley and Spokane County for Hearing Examiner Services. Interim Manager Walton said this agreement has been negotiated by City staff and County staff with input from the County hearing examiner. The agreement provides for Spokane Valley to use the County hearing examiner who has been very responsive to the City's needs. The motion carried unanimously. City Manager & Staff Reports: Interim City Manager Walton reported that the permit center is on schedule to begin operation March 31, 2003; the Council is in step to get the critical laws in place by date of incorporation and can complete others that are necessary following incorporation. Council Chamber remodeling is nearly complete and will be ready for meetings following incorporation. Public Comments: Annette Remshard, 1705 North McMillan Lane,thanked the Council for doing a miraculous job during this interim period to get the City ready for incorporation, saying that she is very proud of them and that as elected officials they deserve to be treated respectfully. New Business: Deputy Mayor Wilhite requested that Council excuse herself and Councilmember Denenny from the March 25, 2003 Council meeting, as they will be in Washington D.C. on official business. Mayor DeVleming adjourned the meeting to Study Session at 7:08 p.m. ATTEST: APPROVED: r In erim City Clerk Mayor Michael De eming kb Council Minutes,March 20,2003 Approved by Council April 22,2003 Page 5 of 6