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2003, 01-28 Regular Meeting Minutes City of Spokane Valley City Council Minutes Regular Meeting January 28, 2003 The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 6:00 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Rich Munson (by telephone conference call until 6:50 p.m.), Gary Schimmels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Community Development Director James Harris, Interim Public Works Superintendent Mac McDonald, and Interim City Clerk Ruth Muller. Invocation: Rev. Thomas Connolly, Parochial Vicar of St. Mary's Church, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Interim Attorney Schwartz requested that three ordinances have first reading only this meeting, Councilmember Taylor moved and Deputy Mayor Wilhite seconded that the agenda be approved having first reading only on ordinances included in Agenda Bills No. 2003-032, No. 2003-033 and No. 2003-035. The motion carried unanimously. Public Comments: Annette Remshard, 1705 North McMillan Lane, said that it is a pleasure to have opportunity to speak to public officials and expressed concern about citizens receiving mail if there is a name change for the City. Council Reports: Councilmember Taylor reviewed information relating to consideration of a name change for the City that he has researched and his proposal for addressing this issue. Councilmember Munson questioned if the City is required to have an ordinance covering initiatives and petitions before considering a citizen petition, and Interim Attorney Schwartz advised that RCW 35.62 should cover this. During discussion of the information contained in Councilmember Taylor's report, Councilmembers questioned the need to obtain more current information on community preference, if Council wishes to initiate the process or let it be citizen driven, that there will be a dollar cost to the City either way a proposal is submitted for vote, most cost effective way, Jan.28,2003 Council Minutes,Approved Feb.11,2003 1 whether to base a decision on a scientific poll, and possible time involved for the Council if a task force is formed to address this issue. Councilmember Taylor moved and Councilmember Flanigan seconded that the Council form a citizens task force to review the total costs and ramifications of a name change and to approve funding for a Request for Proposal for a scientific poll. Mayor DeVleming opened the meeting for public comments on this issue. Irene Amorde, East 13303 Wick, said that she supports retaining the name Spokane Valley. She does not think that the City should consume staff time and City funds on this issue that has been a divisive issue at every election. Everyone identifies with Spokane Valley and we cannot get rid of the river or Spokane, and Spokane Valley should provide leadership to the community rather than a new name. Annette Remshard, 1705 North McMillan Lane, worked in the incorporation office during the campaign and noticed that three-fourths of the calls related to the name with a split of approximately 50% for and against. This issue should be citizen driven since the Council has many other items that need attention, and she does not feel that a poll would be beneficial. Ed Merterrs, 1310 North Pierce, said that he feels the name Spokane Valley fits us. During the incorporation campaign, there were approximately 5000 signatures gathered and certified, who signed the petition that identified the City as Spokane Valley. He is strongly against any name change, since this will take away from the work that needs to be accomplished by the Council. Don Kachinsky, 716 South Karen Road, said that Spokane Valley is the name that has always been used to identify this area, and if people wish to propose a change they should pay for a poll and any costs associated with a petition. The Council needs to preserve the revenue available to the City for many other requirements. The Valley has a fire district, chamber, mall and 25 businesses with Spokane Valley in their name. Myron Ingabo, 4604 North Lucille Road, is a long-time resident of the Valley and anyone from outside this area knows where you are located if you identify as Spokane Valley, and another name would not give that same identification to outsiders. He does not support making any name change, but questioned if there could be a letter sent to registered voters to determine what percentage may wish to have this on an election. Tom DeGeare, 2800 South Avalon, said that he is not a long-time resident, but does feel there needs to be a name change. He plans to begin circulating a petition and indicated that he does not believe election costs would be anywhere near the reported $16,000 for election nor $4000 for poll. Council should step up and take action on this. Jessie Long, 601 East 6th, said that she agrees that a poll should be a simple sign-up rather than a professional poll if the Council feels it necessary to have one. She does not recall Jan.28,2003 Council Minutes,Approved Feb.11,2003 2 anything during the incorporation campaign indicating that there would be any name change following the election. Sandy Vernon, 304, North University, said that he is a relatively new resident of the community, noting that as a new city maybe there should be some consideration to a new name. Steve Drew, 10307 East Diane, said that this area has always been known as Spokane Valley, and there were many attempts to incorporate under other names, but this effort succeeded with the name Spokane Valley. Councilmember Schimmels reviewed the ballot title that voters approved for incorporation on May 21, 2002, and advised attendees at this meeting that the City has now been billed for approximately $36,000 to cover costs of the Council elections. He noted that there are special purpose districts, post office, railroads, and numerous businesses that use Spokane Valley as an identifier. After re-statement of the motion by Councilmember Taylor, the motion to appoint a citizen task force and approve funding for a scientific poll to address possible name change of the City failed with one aye vote—Councilmember Taylor; and six nay votes— Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Munson and Schimmels. Mayor DeVleming thanked Councilmember Taylor for the good research and report on this subject for Council consideration. Mayoral Appointments: Mayor DeVleming announced that he has made two more appointments to regional committees, with alternates to be designated at a later date. The Mayor appoints Councilmember Rich Munson to the Housing and Community Development Advisory Committee; and Councilmember Dick Denenny to the Committee for Sewer Treatment Plant Design/Operator Selection. Mayor DeVleming moved and Councilmember Taylor seconded that the appointments be confirmed. The motion carried unanimously. Mayor DeVleming proposes appointments to three ad-hoc committees that will explore options and report to the Council, with duties concluding once Council has made a decision. These ad-hoc committees are: City website: Deputy Mayor Wilhite, Deputy Manager McNutt and one citizen Councilmember Munson exited the meeting at 6:50 p.m. City newsletter: Councilmember Munson, Manager Walton, and one citizen Council Chambers remodel: Mayor DeVleming, Deputy Mayor Wilhite and Deputy Manager McNutt Jan.28,2003 Council Minutes,Approved Feb.11,2003 3 Councilmember Flanigan moved and Councilmember Schimmels seconded that appointments to the ad-hoc committees be confirmed. The motion carried unanimously with six aye votes. Deputy Mayor Wilhite reported that the Finance Committee met and reviewed claims submitted for payment,pending expenditures for vehicles, remodeling costs, and generally checked finances of the City. Mayor DeVleming reported that he, Councilmembers Flanigan, Schimmels and Interim Planning Director Harris traveled to Pasco to meet with officials of that City that has a population of 36,000 and is growing rapidly. The City has a very progressive approach for working with developers and Spokane Valley officials learned a great deal to help us as we set up our one-stop permit center. Consent Agenda: Deputy Mayor Wilhite moved and Councilmember Denenny seconded that the Consent agenda be approved as submitted, correcting the claims obligation amount to $105,554.00. The motion carried unanimously with six votes approving (a) January 7, 2003 regular meeting minutes, (b) January 14, 2003 regular meeting minutes, and(c) claims obligations in amount of$105,554.00. Agenda Bill No. 2003-029, credit cards: Interim City Clerk introduced Ordinance No. 30 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded that Ordinance No. 30 Adopting a System for the Issuance, Use and Control of Credit Cards by City Officials and Employees Including Authority to Adopt Rules and Procedures Reasonably Related Thereto be advanced to second reading. Interim Attorney Schwartz summarized provisions of the ordinance noting that Section 2 is the operative portion of the ordinance. Interim Finance Director Noack explained how these cards will be obtained and handled, and that the Finance Committee has a policy under review. Tony Lazanis, 10625 East Trent, suggested that as the Council creates the budget there needs to be travel limitations specified. Motion to advance Ordinance No. 30 to second reading carried unanimously with six votes. Councilmember Flanigan moved and Councilmember Taylor seconded that Ordinance No. 30 be adopted. The motion carried unaninmously with six votes. Agenda Bill No. 2003-030, travel reimbursement policy: Interim City Clerk introduced Ordinance No. 29 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that the rules be suspended for two readings of this ordinance, advance to second reading, and to adopt Ordinance No. 29 Providing for the Establishment of Rules and Regulations for Obtaining Travel Authorization, Advance of Travel Funds and Reimbursement of Expenses. Interim Attorney Schwartz summarized provisions of this ordinance noting that Section 1 delegates responsibility to the Finance Jan.28,2003 Council Minutes,Approved Feb.11,2003 4 Committee for development of a policy for travel reimbursement. Interim Finance Director advised that the travel policy is under review by the Finance Committee. Motion to approve Ordinance No. 29 carried unanimously with six votes. Agenda Bill No. 2003-031, gambling tax: Interim City Clerk introduced Ordinance No. 28 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded that the rules be suspended for two readings of this ordinance, advance to second reading and to adopt Ordinance No. 28 Providing for the Taxation of Certain Gambling Activities, Providing for Collection and Penalties for Violation Thereof. Interim Manager Walton said that state law authorizes cities to impose a gambling tax on certain activities. He recommends that Spokane Valley impose a ten percent gambling tax which is typical in the state to cover costs for law enforcement activity relating to the establishments in the City that presently employ approximately 310 people. Motion to adopt Ordinance No. 28 carried unanimously with six votes. Agenda Bill No. 2003-032, hotel/motel tax: Interim City Clerk introduced Ordinance No. 27 by reading the title. Councilmember Flanigan moved and Mayor DeVleming seconded that Ordinance No. 27 Levying a Special Excise Tax of Two Percent on the Sale or Charge Made for the Furnishing of Lodging by any Hotel, Motel, Rooming House, Tourist Court, or Trailer Camp; Establishing a Special Fund for the Tax; and Providing for Other Matters Properly Related Thereto be advanced to second reading. Interim Attorney Schwartz reviewed provisions of this ordinance advising that he will reword Section 1.C. for clarification prior to Council adoption. There was brief discussion about timing of effective date of this ordinance and appointment of advisory committee and when collected taxes will first be transferred to the City. Tony Lazanis, 10625 East Trent, said that this tax should only be used for stadiums and tourist related projects and should not be diverted to other expenditures. Interim Finance Director Noack explained that this ordinance authorizes a separate fund for this tax money that will only be expended as authorized by the advisory committee. Motion to advance Ordinance No. 27 to second reading carried unanimously with six votes. Agenda Bill No. 2003-033, road standards: Interim City Clerk introduced Ordinance No. 33 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded that Ordinance No. 33 Adopting by Reference the Spokane County Standards for Road and Sewer Construction as the Interim Standards for Road and Sewer Construction of the City be advanced to second reading. Interim Attorney Schwartz reviewed provisions of this ordinance advising that he will reword Section 4 to comply with proposed governance committee procedures prior to Council adoption. There was brief discussion as to length of time for development of the City's own standards, and process for making changes to these standards following incorporation. Motion to advance Ordinance No. 33 to second reading carried unanimously with six votes. Agenda Bill No. 2003-034, stormwater utility: Interim City Clerk introduced Ordinance No. 31 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded that Ordinance No. 31 Establishing a Storm Drainage Jan.28,2003 Council Minutes,Approved Feb.11,2003 5 and Surface Water Management Utility and Providing for Other Matters Properly Related Thereto be advanced to second reading. Interim Attorney Schwartz reviewed provisions of this ordinance and that the utility is presently operated by Spokane County. Councilmember Denenny suggested a friendly amendment to Section 4 adding the word "annually" following $10.00, that was accepted by the maker of the motion. Mark Richard, 5813 East Fourth, of Spokane Home Builders Association, said that he supports this ordinance and feels that there needs to be local control with Spokane Valley philosophy for administration. Interim Finance Director Noack requested consideration of approval of this ordinance at this meeting, since the information needs to be submitted to Spokane County Treasurer as soon as possible in order to make changes to accounts prior to the incorporation date. Councilmember Taylor moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading as previously moved, and adopt Ordinance No. 31 as amended. The motion carried unanimously with six votes. Agenda Bill No. 2003-035, stormwater management guidelines: Interim City Clerk introduced Ordinance No. 32 by reading the title. Councilmember Flanigan moved and Councilmember Denenny seconded that Ordinance No. 32 Adopting by Reference the Spokane County Guidelines for Stormwater Management as the Interim Guidelines for Stormwater Management of the City be advanced to second reading. Interim Attorney Schwartz reviewed provisions of this ordinance advising that he will also reword Section 4 to comply with proposed governance committee procedures prior to adoption of the ordinance. There was brief discussion about ability to modify these guidelines, having a sunset clause, and the need for engineering standards to provide for orderly control of development Motion to advance Ordinance No. 32 to second reading carried unanimously with six votes. Agenda Bill No. 2003-018, City Manager position: Second reading of Ordinance No. 23 was made by Interim City Clerk. Councilmember Flanigan moved and Councilmember Denenny seconded to adopt Ordinance No. 23 Establishing the Office, Scope of Authority and Other Matters Relating to the City Manager. Interim Attorney Schwartz advised that Section 3 and Section 7 have been amended with some modification as approved by Council at the January 14, 2003 meeting. Councilmember Taylor moved and Councilmember Denenny seconded that the motion be amended to remove Section 7 relating to the residency requirement. There was discussion as to the need for this requirement, ability in existing wording to waive requirement, and limitation on options for hiring. Councilmember Schimmels suggested that the motion to amend not remove Section 7, but require residency within Spokane County. The maker and seconder of the motion to amend accepted this change. Motion to amend Ordinance No. 23 to retain Section 7 with residency requirement in Spokane County carried by majority vote with five aye votes—Mayor DeVleming, Jan.28,2003 Council Minutes,Approved Feb.11,2003 6 Countilmembers Denenny, Flanigan, Schimmels and Taylor; and one nay vote—Deputy Mayor Wilhite. Cary Driscoll, 11014 East 21st, said that the Council may wish to re-address the six month requirement, since that requirement was included to give an applicant an opportunity to find a home within the City. Tony Lazanis, 10625 East Trent, said he thought that Council had agreed with the six- month requirement, and feels that the person in this position should live in the City. Annette Remshard, 1705 North McMillan Lane, feels that a City employee should live in Spokane Valley and support the City with taxes, etc. Motion to adopt Ordinance No. 23 Establishing the Position of City Manager as amended carried unanimously with six votes. Agenda Bill No. 2003-025, Police Chief position: Second reading of Ordinance No. 24 was made by Interim City Clerk. Councilmember Flanigan moved and Councilmember Taylor seconded to adopt Ordinance No. 24 Creating the Office of the Police Chief, Establishing Duties and Providing for Appointment. Interim Attorney Schwartz said that there are no changes to this ordinance from first reading January 14, 2003. Motion to adopt Ordinance No. 24 carried unanimously with six votes. City Manager and Staff Reports: Interim Manager Walton said that since Councilmember Munson is out of town, if no one from Council can attend the January 30 Housing and Community Development Advisory Committee meeting, a staff member can attend on behalf of the City. Councilmembers Taylor and Denenny indicated that they are planning to attend this meeting. Interim Manager Walton said that it is planned the Council will need to have additional meetings beginning in February as the pace is picking up with contracts for review and authorization,plus requirements for public hearings on some issues. Interim Attorney Schwartz provided a memorandum he prepared to the Mayor and Council on Spokane Rock Products, including a letter from the attorney representing this company. Public Comments: Tony Lazanis, 10625 East Trent, said that it is important for Spokane Valley to carefully review all proposals and contracts in relation to the sewage treatment plant in order to protect our City. New Business: Councilmember Denenny advised that he and Councilmember Flanigan will be attending the Chambers legislative conference in Olympia January 29 and 30. Mayor DeVleming announced that there will be two study sessions next week. Jan.28,2003 Council Minutes,Approved Feb.11,2003 7 Adjournment: Councilmember Flanigan moved and Councilmember Taylor seconded that the meeting adjourn. The motion carried unanimously with six votes. There being no further business, Mayor DeVleming adjourned the meeting at 7:55 p.m. ATTEST: APPROVED: 441P (1721 Interim City Clerk Ruth Muller Mayor Michael DeVleming Jan.28,2003 Council Minutes,Approved Feb. II,2003 8