2003, 03-06 Regular Meeting Minutes CITY OF SPOKANE VALLEY
City Council Minutes
Regular Meeting
March 6, 2003
The regular meeting of the Spokane Valley City Council was called to order by
Mayor Michael DeVleming at 6:01 p.m.
Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite,
Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels (7:48
p.m.), and Steve Taylor.
Staff present: Interim City Manager Lee Walton, Interim Attorney Stanley Schwartz,
Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim
Building Official Robert Ely, Interim Parks and Recreation Director Bill Hutsinpiller,
Interim Recreation Coordinator Shelley Goss, Interim City Clerk Ruth Muller, and Interim
Administrative Assistant Karin Bosworth.
Invocation: Pastor Darrel Cole, Spokane Valley Wesleyan Church, gave the invocation.
Pledge of Allegiance: Councilmember Taylor led the pledge of allegiance.
Roll Call: Interim City Clerk called roll.
Approval of Agenda: Mayor DeVleming said that Item 10.A.1. Celebration will be
deferred until Councilmember Schimmels arrives from another meeting. Interim Attorney
Schwartz requested that Item 10.B.1, Ordinance No. 44, be deferred to later meeting.
Councilmember Flanigan moved and Deputy Mayor Wilhite seconded that the Agenda be
approved as amended. The motion carried unanimously with six votes.
Public Comments: Pat Schaffer, 10319 East Sprague, Valley Firehouse No. 1,president
of the Spokane Valley Benevolent Firefighters Association said that invitations have been
sent to councilmembers for the Association fundraiser on March 28, 2003, and he wishes
to personally invite them to attend this function.
Council Reports: Deputy Mayor Wilhite said the Finance Committee has reviewed
documentation that should be included in a policy for authorizing Council travel
reimbursement.
Mayor DeVleming reported that he visited a third grade class at University Elementary and
a fifth grade class at Broadway Elementary thanking them for their logo contest entries and
presenting them with an honorable mention certificate.
Consent Agenda: Councilmember Munson moved and Councilmember Denenny
seconded that the Consent Agenda be approved as submitted. Deputy Mayor Wilhite said
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that as she was absent from the meeting discussing employee insurance and health
benefits, she has discussed this with staff and will vote for approval, even though she has
some objections. The motion carried unanimously approving: (a) adoption of Resolution
No. 03-019, Establishing a Deferred Compensation Program for the City; (b) adoption of
Resolution No. 03-018, Authorizing and Approving Participation in the Washington Public
Employees' Retirement System; and (c) adoption of Resolution No. 03-015, Specifying the
Insurance Plans and Health Related Benefits for City Employees for Fiscal Year 2003.
The motion was unanimously approved with six votes.
Authorize Recruitment for Parks & Recreation Director and City Clerk:
Councilmember Flanigan moved and Councilmember Taylor seconded that Prothman
Company be authorized to recruit for the positions of Parks & Recreation Director and
City Clerk. After a brief discussion of the Council on how broad the recruitment should be
and preference for consideration of local talent for the Parks Director position, the motion
carried by majority vote with four aye votes - Mayor DeVleming, Councilmembers
Denenny,Flanigan, and Munson; and two nay votes—Deputy Mayor Wilhite and
Councilmember Taylor.
Authorize Youth Recreation Program for Summer 2003 —Interim Parks and Recreation
Consultant Hutsinpiller said his department has talked with local groups and organizations
and the City's proposed summer programs would not conflict with any other agency.
Interim Recreation Coordinator Shelley Goss reviewed the details of planned programs for
elementary-age and younger children, with no programs currently planned for teenagers,
although these may be added in the fall 2003 or summer 2004. The planned programs are
fee based, and Goss identified estimated costs and net revenue based on minimum
registration. There was discussion of necessary software for managing these programs;
swimming pool operation and the need to monitor to assure that safety concerns addressed
by Spokane County are in place; possible increased hours of pool operation and cost for
this; use of the Western Dance Hall and potential conflict with existing use; and cost for
parks signage.
Councilmember Munson moved and Deputy Mayor Wilhite seconded that Council
authorize 2003 summer recreation program as presented. The motion carried unanimously
with six votes.
City Newsletter: Councilmember Munson reported that he submitted a request for
proposals from the Spokesman-Review Valley Voice and the Valley Herald for publication
of a city newsletter pullout section four times per year. He has received information from
only one paper at a cost of$1900 for each publication. Mayor DeVleming moved and
Councilmember Flanigan seconded that Council authorize budget of$1900 per publication
for a City Newsletter to be printed by the Spokesman-Review Valley Voice. The motion
carried unanimously with six votes.
Council Travel to Washington D.C. with Regional Chambers of Commerce:
Councilmember Munson said that the Finance Committee has discussed policies for
approval of such travel, but is looking for guidance as to what councilmembers wish to see
prior to granting approval. There was discussion that there is a need to identify what topics
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are on a conference agenda, need for more than one person because of conflicting
workshop scheduling, specific benefit to Spokane Valley, and estimated costs. The
consensus of councilmembers is that a policy be prepared by the Finance Committee for
approval of Council travel reimbursement.
Agenda Bill No. 2003-052 (General Fees): Interim City Clerk introduced Ordinance No.
38 by reading the title. Councilmember Flanigan moved and Councilmember Denenny
seconded that the rules be suspended for two readings of this ordinance, advance to second
reading and adopt Ordinance No. 38 Relating to Fees Charged for Services Provided by the
City. Interim Attorney Schwartz said that this establishes that fees may be set by
resolution for annual reviewed. The motion carried unanimously with six votes.
Tony Lazanis, 10625 East Trent, asked what the ordinance will cover, and was advised that
it sets the stage for a master fee schedule resolution..
Agenda Bill No. 2003-055 (Model Traffic Code as Amended): Interim City Clerk
introduced Ordinance No. 47 by reading the title. Councilmember Flanigan moved and
Councilmember Taylor seconded to suspend the rules for two readings of this ordinance,
advance to second reading and adopt Ordinance No. 47 Adopting the Washington Model
Traffic Ordinance, Except Certain Sections Contained in the Washington Administrative
Code, Chapter 308-330 WAC, as the Traffic Regulations Within the City of Spokane
Valley. Interim City Attorney Schwartz said that the state has provided written uniform
traffic laws and summarized contents of these laws, noting that the bicycle licensing
section has been deleted. There was discussion as to procedure for speed limit changes,
parking meter provisions, a traffic engineer's role and management of city streets.
The motion to adopt Ordinance No. 47 carried unanimously with six votes.
Agenda Bill No. 2003-056 (Criminal Code as Amended): Interim City Clerk introduced
Ordinance No. 46 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. 46 Establishing a Criminal Code,
Adopting by Reference Numerous Criminal Code Provisions From the Revised Code of
Washington, Defining Other Criminal Offenses, Prescribing Penalties for Criminal
Violations Which Occur Within the City, and Establishing an Effective Date. Interim City
Attorney Schwartz said that he used the services of Attorney Cary Driskell to write this
ordinance, noting that the City only has jurisdiction over misdemeanors or gross
misdemeanors as defined under RCW Title 9. and 9A. Driskell brought to the attention of
the Council several sections of the ordinance that provide options for the City - Section 5
relating to punishment and restitution and Section 20 relating to drug paraphernalia.
There was discussion with Captain Cal Walker of the Spokane County Sheriff's office as
to what is presently in place in Spokane Valley relating to drug paraphernalia and method
used by police to enforce the law; the fact that imposing a more restrictive law could lead
to possible court challenges; that the current law in effect is preferred by police; that the
Council should select either RCW 69.50.412 or RCW 69.50.4121 for penalties covering
this type of criminal activity.
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Councilmember Munson suggested a friendly amendment to the motion to adopt RCW
69.50.412. under Section 20 of this ordinance. The maker of the motion accepted the
amendment. Jim Kauffman, Spokane County Deputy Prosecutor, agrees with Captain
Walker's points about drug paraphernalia and that it should be classified as a
misdemeanor; and also cautions the City to be very cautious in the use of electronic
monitoring.
Responding to question relating to state law and whether incarceration costs are mandated
to be paid by municipalities, Interim Attorney Schwartz will research this issue and report
to the Council. There was further discussion about the discharge of firearms and
paintball/BB guns and interpretation of disorderly conduct relating to a child in school.
Tony Lazanis, 10625 East Trent, questioned how police handle a situation when a property
owner must use a gun for protection, and was advised that this would be handled during
the charges filed by police.
The motion to adopt Ordinance No. 46 as amended carried unanimously with six votes.
Agenda Bill No. 2003-057 (General Penalty and Infractions): Interim City Clerk
introduced Ordinance No. 45 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. 45 Adopting a General Penalty
Provision, a Civil Infraction System,Providing for Prosecution and Establishing an
Effective Date. Interim Attorney Schwartz summarized the provisions of this ordinance
that is a"catch-all"to cover any ordinance that may be written without a penalty attached.
The motion to adopt Ordinance No. 45 carried unanimously with six votes.
Agenda Bill No. 2003-042, Substitute Social Security Program. Interim City Manager
Walton said that the Council agreed at a study session not to participate in the social
security system and this resolution establishes a substitute system providing for the
equivalent percentages as the federal program. Councilmember Taylor moved and
Councilmember Denenny seconded to adopt Resolution No. 03-020 Establishing a
Substitute Social Security Program for City Employees. Councilmember Munson and
Deputy Mayor Wilhite voiced their opposition to this resolution. The motion to adopt
Resolution No. 03-020 carried by majority vote with four aye votes—Mayor DeVleming,
Councilmembers Denenny, Flanigan and Taylor; and two nay votes—Deputy Mayor
Wilhite and Councilmember Munson.
Agenda Bill No. 2003-069, Master Fee Schedule. Interim Manager Walton said that this
resolution implements Ordinance No. 38 by consolidating all fees for service into one
document that must be reviewed annually and that the fees for this first year are based
essentially on existing County fees. Councilmember Munson moved and Councilmember
Denenny seconded to adopt Resolution No. 03-021 Adopting a Master Fee Schedule. The
motion carried unanimously with six votes.
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Authorize Appropriation of Funds for Incorporation Celebration: Mayor DeVleming
announced that this item will now be considered since Councilmember Schimmels still has
not arrived. Bill Burke, of Burke Marketing, provided councilmembers with a modified
budget proposal for the celebration expenses, noting that there is a difference of opinion
between himself and the Council as to certain items being more important then others. By
reducing his request for funding to $2500, this will allow the City to purchase those items
that they feel should be included for this celebration. There was discussion with Burke
about specifics of the expenses and sponsorships and the Mayor noted that the compromise
he and Burke worked out is not specifically addressed in the changed line items.
Councilmember Taylor moved and Councilmember Munson seconded that Council
approve appropriation of$2500.00 funding for the incorporation celebration as requested
by Burke Marketing.
Councilmember Schimmels arrived at 7:48 p.m.
Responding to question of Councilmember Munson, Mayor DeVleming said that he will
not support this motion as the concerns he raised and worked out in a compromise with
Burke have not been addressed. There were further questions of Burke as to specific
events planned for the celebration.
The motion to approve funding in amount of$2500 for the incorporation celebration failed
with two aye votes—Deputy Mayor Wilhite and Councilmember Taylor; and five nay
votes—Mayor DeVleming, Councilmembers Denenny,Flanigan, Munson and Schimmels.
Mayor DeVleming called for a ten minute recess at 7:55 p.m.
The meeting reconvened at 8:07 p.m.
Agenda Bill No. 2003-060, Law Enforcement Services: Interim Deputy Manager
McNutt and Captain Walker, from the County Sheriff's office, reviewed the main points of
this agreement that was negotiated with excellent cooperation from the County Sheriff's
office. The agreement provides for a long-term relationship providing the same level of
service or better with a department that emulates a City department and at cost of
$11,537,018 for a full year,pro-rated to $6,729,928 for the year 2003. There was
discussion as to how police staff will operate within Spokane Valley; what effects there
may be with division of patrol and traffic officers to develop a"like" City department; the
presence of officers in neighborhoods; and the fact that there will be a City Chief full time
who will be responsive to the direction of the Council through the City Manager.
Tony Lazanis, 10625 East Trent, said he would like to see the Police Chief salary deducted
from the agreement and the position be directly employed by the City, and questioned if all
of the people working under this contract would be stationed at the Valley Precinct.
Interim Deputy Manager McNutt advised that there is provision for 101.5 fulltime
employees in this contract, with some located in the downtown office and that under this
contract the Chief will be chosen from among the qualified candidates within the
department.
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Interim Attorney Schwartz said that after meeting with County deputy prosecuting attorney
and Spokane Valley staff, and his review of this agreement, he requests language
modifications in the first paragraph of Section 5; first paragraph of Section 5.8; Section
5.11; Section 5.13; and the second bullet under Section 14.3.
.Councilmember Munson moved and Councilmember Denenny seconded that Council
authorize execution of Interlocal Agreement No. CO3-14 for Law Enforcement Services in
the City of the Spokane Valley with modifications suggested by Interim Attorney
Schwartz. Councilmembers and the Mayor commended the County Sheriff's staff and the
City team for negotiating a landmark agreement that is urban based, but neighborhood
friendly. The motion to approve execution of Agreement No. CO3-14 as modified carried
unanimously.
Agenda Bill No. 2003-061, Prisoner Confinement, Geiger Facility (Interlocal
Agreement No. CO3-15). Interim City Manager Walton said that this provides a more
economical way for prisoner confinement and makes use of a work crew-work release
program. Councilmembers requested that the Interim Attorney research to see if the City
can recover costs for housing prisoners.
Cary Driskell— 11014 East 21st, explained a little about the electronic monitoring process
for prisoners.
Councilmember Denenny moved and Councilmember Schimmels seconded that Council
authorize execution of agreement with Spokane County Regarding Confinement-Work
Crew-Work Release at the Geiger facility. The motion carried unanimously.
Interim Attorney Schwartz advised that he and City staff met with Spokane County deputy
prosecutor and department heads today and there are some changes to be made to the four
agreements relating to court services. He equested that action on these agreements be
delayed to a later meeting. Council concurred that action on interlocal agreements
covering municipal court services, public defender services, prosecutor services, and jury
management services be delayed until a later agenda.
City Manager and Staff Reports: Interim Manager Walton suggested that Council keep
their calendars open March 20 and 27 for special meetings, if needed.
Responding to a question, Interim Attorney Schwartz summarized the Public Facilities
District and the voter approved projects that are under discussion between the Public
Facilities District, Spokane County and City of Spokane, noting that Spokane Valley has
the option of waiting to participate for one year.
Councilmember Munson moved that Council direct staff to begin engineering studies for
identification of problem areas that may need to have traffic speed revision. Following
brief discussion as to what areas should be included in such a study, it was the consensus
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of Council that this will be addressed as citizens notify the City of problem areas. The
motion died for lack of a second.
Deputy Mayor Wilhite suggested that an appropriation be approved for memorabilia for
the incorporation celebration, and provided costs for acquisition of lapel pins. The Council
concurred that a $1500.00 budget appropriation be made for celebration memorabilia.
There was further discussion as to the protocol for Spokane Valley attendance at meetings
of the Public Facilities District, the need for any attendees to clarify that they do not
represent the City Council, the need for special legal counsel to represent Spokane Valley
in these discussions, and the need to become knowledgeable about what role Spokane
Valley will play in the Mirabeau project.
Adjournment: Councilmember Flanigan moved and Councilmember Munson seconded
that the meeting adjourn. The motion carried unanimously.
The meeting adjourned at 9:28 p.m.
ATTEST: APPROVED:
Interim City Clerk Mayor Michael DeVleming
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