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2003, 02-25 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting February 25, 2003 The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming 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 Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Human Resources Manager Don Morrison, Interim Accounting Manager Dan Cenis, Interim Building Official Robert Ely, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Ian Robertson, Spokane Valley Nazarene Church, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Introduction of Special Guests: Mayor DeVleming welcomed members of Boy Scout Troop No. 423 and Leader Chris Carothers. Approval of Agenda: Councilmember Munson moved and Councilmember Taylor seconded that the Agenda be approved. The motion carried unanimously. Public Comments: David Millsap, 1213 South Pines Road, said that as the City advertises for staffing, it is important to include adequate applicant screening in the hiring process. He notices that there is provision for drug testing in the personnel ordinance, and suggests that the City also provide for background checks, screening and profiling of applicants. Annette Remshard, 1705 North McMillan Lane, said that she wished to clarify what she had said at a previous Council meeting. She said that the Postmaster at Greenacres Post Office is concerned and requests that Spokane Valley not petition to have zip codes changed from the present designations. Councilmember Schimmels said that he has discussed this issue with the Veradale and Greenacres people, but will again advise that the City is not suggesting any changes to zip codes. It was noted that change of zip codes cannot be made by a City legislative body. Council Minutes,February 25,2003-Approved on March 11,2003 Page 1 of 9 Council Reports: Councilmember Taylor reported that he, Mayor DeVleming and Councilmember Schimmels attended the AWC legislative conference in Olympia and were introduced to the AWC legislative functions,had opportunity to meet with counterparts from other cities, and met with Lynn Schindler and Senator Bob McCaslin. Councilmember Denenny reported that at the recent STA task force meeting the issue of internal and external opposition was discussed. It is proposed that consultants will be used to help provide information about outreach and making the Authority more responsive. Councilmember Munson reported that he and Councilmember Denenny attended the Mirabeau Point Board meeting to continue to gain information as to what role Spokane Valley may play in this project. Councilmember Munson said the Finance Committee met at length last week to discuss procedures, budget and a computer system. He commended Interim Deputy Manager McNutt and Interim Finance Director Robert Noack for their professionalism in helping the City to make the most cost effective purchasing decisions. Consent Agenda: Councilmember Munson moved and Councilmember Denenny seconded that the Consent Agenda be approved as submitted. The motion carried unanimously approving: (a) February 7, 2003 Special Meeting Minutes; (b) February 13, 2003 Special Meeting Minutes; (c)February 11, 2003 Regular Meeting Minutes; and (d) Claims Obligations in the amount of$198,058.78. Confirmation of Appointments to the Lodging Tax Advisory Committee. Mayor DeVleming moved and Councilmember Munson seconded to confirm the mayor's appointments of Jeff Fox, Doubletree Hotel-Valley; Liz Beck, Super 8 Motel; Peggy Doering, Valley Fest; Jayne Singleton; Spokane Valley Legacy Foundation; and Councilmember Flanigan to the City's Lodging Tax Advisory Committee. The motion carried unanimously. Agenda Bill No. 2003-041 (Employee Personnel Policies and Benefits): Interim City Clerk introduced Ordinance No. 44 by reading the title. Interim Manager Walton said this provides for a basic merit system, not a civil service system, and there is background checks and screening done administratively by staff dependent upon the job position. Councilmember Munson moved and Deputy Mayor Wilhite seconded to advance Ordinance No. 44 to second reading. Interim Human Resources Manager Morrison reviewed provisions of the ordinance noting that this ordinance provides for Paid Time Off (PTO) rather than separate provisions for vacation, sick, and personal time. Mayor DeVleming said that the Council is making another change in the process. An ordinance or resolution will be introduced and an overview presented by staff, then after any questions by Council there will be public input on the issue followed by Council debate and action. Council Minutes,February 25,2003-Approved on March 11,2003 Page 2 of 9 Interim Attorney Schwartz said that this is a very comprehensive ordinance that establishes personnel policies for the city with Sections 2 through 5 including requirements of state law;other sections address classified positions, overtime and compensatory time, benefits, holidays. Other provisions for employee leave can be established at Council discretion. Councilmembers questioned staff relating to hours of work for high-level managers and possible incentives for those positions; drug testing requirements and mandatory versus management discretion and typical use of drug testing procedures; and benefits for part- time employees. Dennis Scott, 24324 East Pinehurst Lane, Liberty Lake, cautioned about providing compensatory time for high-level managers as this could lead to large accumulations that would need to be paid at current rate of pay when an employee leaves employment. Tony Lazanis, 10625 East Trent, asked that the Council use discretion and the super majority principle when hiring top executives. Councilmember Munson advised that Council only has authority to hire the City Manager and all other positions are hired by the City Manager. Jessie Lang, 6015 East Sixth, suggested that Spokane Valley look at how other cities have handled compensation for overtime as there are various ways to handle this. Tom DeGeare, 2820 South Avalon Road, said that upper management is hired by contract to do a job for a certain dollar amount and he does not believe there should be any bonus for this level management and there should be no other compensation than for what they were hired. Bill Gothmann, 10010 East 48th Avenue, has worked as an exempt employee and agrees that no provision for payment over 40 hours is needed as a manager has discretion to provide extra time off for an emergency or long-term project requiring many hours of work. Staff noted that this ordinance does not give manager discretion to allow for extra time off, but these positions do have 80 hours of personal time that could be used in these cases. Responding to Councilmember Munson's question relating to nonexempt personnel, Interim Attorney Schwartz said that he prefers this issue be included in the personnel manual for these employees. Councilmember Denenny moved and Councilmember Flanigan seconded that Section 9.D. of the ordinance be amended to change the third sentence to read"Exempt employees may be...." and that language be added providing management discretion. Following discussion of possible abuse of such a policy and under whose authority this provision would be controlled, Councilmember Denenny withdrew his motion. Council Minutes,February 25,2003-Approved on March 11,2003 Page 3 of 9 Councilmember Munson moved and Councilmember Taylor seconded to amend Section 21 by removing the floating holiday as a legal holiday. Councilmember Taylor offered a friendly amendment to provide the day after Thanksgiving as an option for floating holiday,but withdrew the friendly amendment following brief discussion. Leslie Bush, 1505 East 4th, Deer Park, commended the Council on its preparation for discussion of this ordinance and said that information she has obtained is that the majority of cities in Washington have 11 holidays plus 2 floating holidays. Councilmember Munson said that the City should be a reflection of the community and most private businesses do not get the same number of holidays as government employees; City staff should be available to be responsive to the community. Councilmember Taylor agreed and noted that responsiveness to the community is the primary reason for this City's incorporation. Motion to amend Section 21 removing floating holiday carried by majority vote with four aye votes—Councilmembers Munson, Taylor, Denenny and Deputy Mayor Wilhite; and three nay votes—Mayor DeVleming, Councilmembers Flanigan and Schimmels. Councilmember Munson suggested that at a later date Council should address maternity leave so that the City does not reduce the importance of family by its policies. Mayor DeVleming moved and Councilmember Munson seconded to amend Section 6.A. to require pre-employment drug and alcohol testing for employees. Tom DeGeare, 2820 South Avalon Road, agrees that the City should require pre- employment drug testing for all employees. Councilmember Flanigan noted that there are different levels of testing and costs for these may be needed before voting. Following discussion, it was agreed by the maker and seconder of the motion that Section 6.A. be amended to read"will require pre-employment drug screening". The motion to amend carried unanimously. Mayor DeVleming moved and Councilmember Munson seconded that Section 6.B. be amended to provide for random drug testing for all employees. Leslie Bush, 1505 East Fourth, Deer Park, suggested that the employment application have a place to identify any prescription drugs used by the employee as these might produce a positive drug test. Motion to amend Section 6.B. requiring random drug testing for all employees carried by majority vote with six aye votes—Mayor DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Denenny, Flanigan, Munson, and Schimmels; and one nay vote— Councilmember Taylor. Council Minutes,February 25,2003-Approved on March 11,2003 Page 4 of 9 Following some discussion, it was determined that staff will research the guidelines for establishing a drug-free workplace and for pre-employment physicals. Councilmember Taylor questioned the advisability of combining all employee time off into one paid time off amount under Section 22, since the City has a thin staffing level and this may be too generous along with the holidays provided. Councilmember Taylor moved and Councilmember Munson seconded that Section 22 be amended to provide a specific provision for vacation time and separate policy for all other leaves. Councilmember Denenny said that he would like to include a period of time before new employees can use vacation time and some reward for employees who do not use sick leave. Councilmember Munson said he would not like an employee to have to use vacation time for bereavement leave. Dan Cenis, 3124 South Manito Blvd., Spokane, said that restricting use of the vacation time for a period of time may be a problem for some of the new employees who may wish to use some time for summer leave. Since the City has a small staff there does have to be coordination to cover jobs when an employee is away from work. He supports separate vacation and other leave. Leslie Bush, 1505 East Fourth, Deer Park, said it may be better for audit purposes by the State Auditor if leaves are provided as separate policies. Motion unanimously carried to amend Section 22 providing for separate vacation and other leaves. Councilmember Munson withdrew his motion to advance Ordinance No. 44 to second reading and Deputy Mayor Wilhite withdrew her second. Interim Attorney Schwartz advised that the amending motions are not affected by tabling this ordinance to a study session. Mayor DeVleming moved and Deputy Mayor Wilhite seconded that Ordinance No. 44 be tabled to a study session. The motion carried unanimously. Agenda Bill No. 2003-046 (Sale of Tax Anticipation Note): Interim City Clerk introduced Ordinance No. 39 by reading the title. Councilmember Taylor moved and Councilmember Munson seconded that the rules be suspended for two readings of Ordinance No. 39, advance to second reading, and adopted. Interim Attorney Schwartz said that this ordinance was prepared by Michael Ormsby, attorney for Farmers & Merchants Bank, who is available if there are questions. Interim Finance Director Noack said that this is classified as a line of credit to be used as needed, and he estimated that the City may need to make a draw sometime in late April until the road tax monies are transferred by the County, which is projected to occur in early May. There was discussion of the promissory note and interest rate at which this line of credit is charged. Councilmember Munson offered a friendly amendment that adoption of Council Minutes,February 25,2003-Approved on March 11,2003 Page 5 of 9 Ordinance No. 39 be conditioned upon approval of the final promissory note by City Attorney, Bond Counsel and Finance Committee that was accepted by the maker of the motion. The motion as amended carried unanimously. Agenda Bill No. 2003-047 (Organization, Interpretation, Fees, and Enforcement of Uniform Codes): Interim City Clerk introduced Ordinance No. 43 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 43 Relating to the Organization, Interpretation, Fee Schedule and Enforcement of the Uniform Codes Adopted by the City. Interim Attorney Schwartz reviewed ordinance provisions. There was discussion about the need for consistency in interpretation of codes; role of the hearing examiner and Board of Appeals; and that fees are to be included in the Master Fee Schedule that will be reviewed annually. Tony Lazanis, 10625 East Trent, questioned if appeals on interpretation of the state codes are made to the State and was advised that the State is the proper agency for such appeals. Motion to adopt Ordinance No. 43 carried unanimously. Agenda Bill No. 2003-048 (Uniform Building Codes): Interim City Clerk introduced Ordinance No. 42 by reading the title. Councilmember Denenny moved and councilmember Munson seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 42 Adopting Uniform Mechanical Code, Uniform Plumbing Code, State Energy Code, Washington State Ventilation and Indoor Air Quality Code, Washington State Historic Building Code, National Electrical Code, Uniform Code for the Abatement of Dangerous Buildings, Uniform Housing Code, Uniform Building Security Code and Uniform Sign Code as the Construction standards for the City. Interim Attorney Schwartz reviewed provisions of this ordinance. The motion carried unanimously. Agenda Bill No. 2003-049 (Uniform Fire Code): Interim City Clerk introduced Ordinance No. 41 by reading the title. Councilmember Taylor moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 41 Adopting the Uniform Fire Code as the Fire Regulations of the City. Interim Attorney Schwartz reviewed provisions of this ordinance. Dick Behm, 3626 South Ridgefield Drive, questioned how problems with tenants relating to fire code violations are handled. Interim Attorney Schwartz advised of the process for such situations that fall under the jurisdiction of the Building Official. The motion to adopt Ordinance No. 41 carried unanimously. Agenda Bill No. 2003-050 (Uniform Building Code): Interim City Clerk introduced Ordinance No. 40 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 40 Adopting the Uniform Council Minutes,February 25,2003-Approved on March 11,2003 Page 6 of 9 Building Code as the Building and Construction Standards for the City. Interim Attorney Schwartz reviewed provisions of this ordinance, noting that the ordinance was discussed with the construction industry who suggested some changes that have been made, and the City has added a section for addressing problems with drug properties and structures. The motion to adopt Ordinance No. 40 carried unanimously. Agenda Bill No. 2003-053 (Amendment to Stormwater Utility Ordinance): Interim City Clerk introduced Ordinance No. 31-Al by reading the title. Councilmember Denenny moved and Councilmember Munson seconded to suspend the rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 31-Al Amending Ordinance No. 31. Interim City Attorney Schwartz said that amendments to the stormwater utility ordinance are to clarify sections of the ordinance recently adopted by the Council and to incorporate some suggested changes by Spokane County. Interim Manager Walton presented additional language that would address the request of Spokane County for an amendment to Section 7 of Ordinance No. 31 relating to exemptions for low income senior citizens since the tax bills have already been mailed for 2003 and they have no way to implement the exemption for this year. Councilmember Munson noted that this is an example of why Spokane Valley is unique in addressing the needs of its citizens. Councilmember Denenny proposed a friendly amendment to begin Section 7 of Ordinance No. 31 with the words "Effective for the tax year 2004 and each succeeding years"prior to Low income seniors. The friendly amendment was accepted by the seconder. Tony Lazanis, 10625 East Trent, said that some builders do not provide adequate drainage during development and this needs to be addressed. He was advised that this ordinance is just for the actual stormwater utility,but that development provisions will be addressed in other ordinances. The motion to adopt Ordinance No. 31-Al as amended carried unanimously. Agenda Bill No. 2003-054 (Amendment to Interim Budget): Interim City Clerk introduced Ordinance No. 37-Al by reading the title. Councilmember Taylor moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 37-Al. Interim Finance Director Noack said that this budget adjustment is necessary to provide appropriation for the computer hardware that will be necessary to begin servicing the community upon incorporation. Interim Attorney Schwartz said that this is a budget adjustment between funds and a super majority vote is required to approve the ordinance. There was discussion of timing for payment of invoices for this equipment; the need to have the equipment as soon as possible in order to have City staff trained so that we have a functional permit center upon incorporation; and the amount proposed for this budget amendment. The motion to adopt Ordinance No. 37-Al carried unanimously. Council Minutes,February 25,2003-Approved on March 11,2003 Page 7 of 9 Agenda Bill No. 2003-037 (Planning Commission): Second reading of Ordinance No. 35 was made by Interim City Clerk. Councilmember Taylor moved and Councilmember Denenny seconded to adopt Ordinance No. 35, Creating a Planning Commission and Establishing the Duties Thereof. Interim City Attorney Schwartz said that this ordinance establishes the Planning Commission who acts as an advisory body on land use issues to the Council. The mayor advised that acceptance of applications for this commission will conclude on March 21, 2003. The motion to adopt Ordinance No. 35 carried unanimously. Mayor DeVleming recessed the meeting at 8:10 p.m. for ten minutes. The meeting was reconvened at 8:21 p.m. Resolutions: Councilmember Munson moves and Councilmember Flanigan seconded that Agenda Bills No. 2003-042,No. 2003-043,No. 2003-044, and No. 2003-045, be tabled to a study session before consideration. 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. Agenda Bill No. 2003-051, Moratorium on New Adult Entertainment Permits Deputy Mayor Wilhite moved and Councilmember Flanigan seconded to adopt Resolution No. 03- 014 Establishing a Moratorium on the Filing of Applications with Spokane County for Development Permits or Land Use Approvals Associated with Adult Entertainment Within the Corporate Limits of the City of Spokane Valley. Interim Attorney Schwartz said that during this interim period an incorporating city may establish a moratorium on filing of applications with the County, and this resolution provides for a hearing prior to incorporation if the Council determines the moratorium should be extended for another six months. Annette Remshard, 1705 North McMillan Lane, commends the Council for taking this issue seriously and encourages the continuance of the moratorium. The motion adopting Resolution No. 03-014 carried unanimously. City Manager and Staff Reports: Interim Manager Walton distributed a draft law enforcement agreement that will be on the March 4 study session agenda. Interim Deputy Manager McNutt introduced Patrick Whalen and John Whalen from Resource Computing. A PowerPoint presentation summary of the Basic Network Design for the City computer system was reviewed with the Council identifying elements of the system and applications that are recommended. Whalen responded to questions of the Council relating to the maintenance, security, timeline, and costs. Mayor DeVleming announced that the meeting would recess to an executive session for approximately one hour for review of City Manager applications and for personnel issue discussion, and that no action would be taken following executive session. Council Minutes,February 25,2003-Approved on March 11,2003 Page 8 of 9 At 8:55 p.m. Councilmembers recessed to a conference room for executive session. The meeting reconvened at 10:15 p.m. from executive session. Adjournment Councilmember Flanigan moved and Mayor DeVleming seconded that the meeting adjourn. The motion carried unanimously. The meeting was adjourned at 10:18 p.m. ATTEST: APPROVED: \\ _ _ Interim City Clerk Mayor Michael De lem ng Council Minutes,February 25,2003-Approved on March 1 1,2003 Page 9 of 9