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2003, 01-14 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting January 14, 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, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim Deputy Manager Stan McNutt, Interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Human Resources Manager Don Morrison, Interim Public Works Superintendent Mac McDonald, and Interim City Clerk Ruth Muller. Invocation: Rev. Linda K. Crow, United Church of Christ, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Mayor DeVleming requested that Agenda Bills No. 2003-020, finance procedures, and No. 2003-021,purchasing policies,be referred to the Finance Committee before Council action; and Agenda Bill No. 2003-028, City Hall lease be moved to last item on the agenda. Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the Agenda as amended be approved. The motion carried unanimously. Public Comments: Tom DeGeare, 2820 South Avalon Road, submitted memo to the Council that he read for the benefit of the audience, again addressing consideration of submitting to the voters a City name change proposal and that Council should dress in a manner appropriate to the position they hold. Steve Uptain, 13805 East 27th Avenue, is a small business owner and appreciates all of the items of business that the Council must address,but encourages them not to overlook the issue about naming the City. He does not feel that this issue was fully addressed during the election campaign and is fearful that our identity can so easily be mistaken with City of Spokane, whose officials have the reputation for childish behavior. He has no suggestion for a name, but the Council should listen to those who do. Betty Zachow, 2601 North Barker Road, is a 60-year resident of the area and cautions the Council to seriously consider the City name. People usually have a negative reaction to Spokane, but the Council of the City of Spokane and the City of Spokane are not Council Minutes: January 14,2003,Approved Jan.28,2003 1 synonymous. It would be short-sighted if we do not take advantage of the rich heritage of Spokane. Duane Scofield, 16317 East Lane, said that there are many communities that comprise the whole of Spokane Valley. City of Spokane Council has a feisty attitude, but times will pass and we will still be Spokane Valley. Dick Beam, 3626 South Ridgefield, said that there has been argument over a name for a City of the Valley since the early 1990s. In the late 1990s a survey of the community was conducted resulting in approximately 60% favoring Spokane Valley and 40% favoring Opportunity. The backers of the incorporation effort used Spokane Valley as it was felt this name would have the least opposition in the vote for incorporation. People identify with Spokane Valley, with over 30 businesses named Spokane Valley and over 90 businesses having the name Valley included. There needs to be an identification outside of our area, and there is negative perception about Spokane, but not about Spokane Valley. Citizens can request change via the petition method. Council Reports: Deputy Mayor Wilhite reported that the Finance Committee meeting had several items for review: banking, computers, telephones, and diligent audit of the claims obligations submitted for approval. Consent Agenda: Councilmember Munson moved and Deputy Mayor Wilhite seconded that the Consent Agenda be approved. Councilmember Munson suggested the Council delay payment of the primary and election costs until after the incorporation date. Councilmember Flanigan moved and Councilmember Taylor seconded that Check No. 44, made out to Spokane County Treasurer in amount of$35,647.64 be removed from the Claims Voucher List. The motion carried by majority vote with six aye votes—Mayor DeVleming, Councilmembers Flanigan, Denenny, Munson, Schimmels and Taylor; and one nay vote—Deputy Mayor Wilhite. The main motion to approve the Consent Agenda covering Claims Obligations in the amount of$49,059.12 carried unanimously. Agenda Bill No. 2002-001: Mayor DeVleming moved and Councilmember Munson seconded that appointments made by the Mayor to Regional Boards and Committees as included in the Mayor's memo dated January 14, 2003 be confirmed. The motion carried unanimously. Agenda Bill No. 2003-016: Councilmember Taylor moved and Councilmember Denenny seconded that the Interim City Manager be authorized to purchase computer equipment as approved by the Finance Committee in memo dated January 14, 2003. Interim Finance Director Noack reviewed the equipment proposed and approved by the Finance Committee for a total price of$41,750.00 to be provided by a local company. Motion carried unanimously. Council Minutes: January 14,2003,Approved Jan.28,2003 2 Agenda Bill No. 2003-017: Mayor DeVleming moved and Councilmember Schimmels seconded that the position profiles and salary ranges for the positions of Deputy City Manager, Planning Director, Finance Director, Building Official and Public Works Director be approved. Greg Prothman summarized the information contained in the position profiles and that the salary surveys are from cities of comparable size as Spokane Valley. Councilmember Munson said that the position profiles are fine, but he is concerned that the salary range may be too high for this area and suggested that there be a comparison to the City of Spokane or other cities in the eastern part of the state. Deputy Mayor Wilhite concurs and also has a problem with providing a social security replacement program rather than using the social security system. Councilmember Taylor concurs on the salary ranges, but does not agree that we have to provide social security since there are other ways to provide that benefit. Councilmember Denenny moved to amend the motion and remove salary range approval. The motion died for lack of a second. After confirming with Prothman that delaying action on this issue tonight would not affect the timing of the search for these candidates, the maker and seconder withdrew the motion to approve, and Mayor DeVleming moved and Councilmember Munson seconded that this item be scheduled for action following the Jan. 21, 2003 study session. The motion carried unanimously. Agenda Bill No. 2003-004: Interim Manager Walton said that Bill Burke Productions made a presentation at the Jan. 9, 2003 study session proposing to organize, finance, and manage the incorporation celebration, with the possibility that the City may be requested to appropriate up to $5000 for specific events and city staff may be called on for some support and assistance. The Valley Chamber supports this proposal and Spokane Valley is being asked to support Burke's proposal. Councilmember Munson moved that the City support the proposal by Bill Burke Productions with the caveat that no funds are to be expended by the City. The motion died for lack of a second. Mayor DeVleming moved and Deputy Mayor Wilhite seconded that the City support the proposal of Bill Burke Productions to sponsor a community event celebrating the pending incorporation of the City of Spokane Valley. The motion carried by majority vote with six aye votes—Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Flanigan, Schimmels and Taylor; and one nay vote—Councilmember Munson. Agenda Bill No. 2003-022: Mayor DeVleming moved and Councilmember Denenny seconded that the Amended Appendix "A" Interim Staff Positions to Prothman Contract No. CO2-03 be approved. There was brief discussion of the positions covered by housing stipends. The motion to approve interim staffing carried unanimously. Agenda Bill No. 2003-018: Interim City Clerk introduced Ordinance No. 23 by reading the title. Mayor DeVleming moved and Councilmember Munson seconded that Ordinance No. 23 be advanced to second reading. Interim Attorney Schwartz summarized the sections of this ordinance establishing the position of City Manager as required by state law. Councilmember Munson moved and Councilmember Denenny seconded to amend Ordinance No. 23 by adding a section as follows: "The City Manager Council Minutes: January 14,2003,Approved Jan.28,2003 3 will establish procedures to insure that all department heads and their employees, as the highest administrative priority, understand and execute the principles of outstanding customer service for the citizens of the City of Spokane Valley. The City Manager must possess and demonstrate this same understanding." Councilmember Munson said that all candidates campaigned with the stated intent to provide the highest level of service to the citizens of Spokane Valley, and this should be codified. The motion to amend carried unanimously. Councilmember Munson moved and Councilmember Taylor seconded to amend Ordinance No. 23 by replacing Section 7 with the following: "The City Manager need not be a resident at the time of his/her appointment, but shall reside in the City within six (6) months of such appointment. There was discussion as to whether this is a typical requirement, possible extenuating circumstances preventing residence within the boundaries of the City, average tenure of this position with cities, providing a radius distance for residency and whether the Council can change this requirement. Interim Attorney Schwartz advised that the Council may amend ordinances at any time, and suggested wording that could be used in this section to give the Council some flexibility. The maker and seconder of the motion agreed to add wording at the end of Section 7 ...unless otherwise waived by the City Council. The motion to amend Ordinance No. 23 Section 7 carried by majority vote with five aye votes—Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Flanigan, Munson and Schimmels; and two nay votes— Councilmembers Denenny and Taylor. Main motion to advance Ordinance No. 23 as amended to second reading carried unanimously. Agenda Bill No. 2003-019: Interim City Clerk introduced Ordinance No. 20 by reading the title. Mayor DeVleming moved and Councilmember Flanigan seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 20 Establishing a Franchise Fee on Cable Television Services to Provide Revenue for General City Services and Capital Facilities, and Setting Penalties for Non- Compliance. Interim Finance Director Noack said that this 5% fee is just a diversion of revenue now collected by Spokane County and was estimated to be approximately $400,000 per year in the incorporation study. This is not a utility tax, but the cable companies pay for use of the public right-of-way. Tom, East 12434 Portland Avenue questioned if the City would have franchise agreements at a later date. Franchises will be on a study session agenda soon, with approval scheduled following at regular meeting. Motion to adopt Ordinance No. 20 carried unanimously. Agenda Bill No. 2003-023: Interim City Clerk introduced Ordinance No. 26 by reading the title. Mayor DeVleming moved and Deputy Mayor Wilhite seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 26 Creating the Office of the City Clerk, Establishing Duties and Council Minutes: January 14,2003,Approved Jan.28,2003 4 Providing for Appointment. Interim Attorney Schwartz summarized sections included in this ordinance. Duane Scofield,16317 East Lane, questioned if this position and police chief should have residency requirements, and councilmembers concurred that residency within boundaries of the City is important for the primary leaders. Motion to adopt Ordinance No. 26 carried unanimously. Agenda Bill No. 2003-024: Interim City Clerk introduced Ordinance No. 21 by reading the title. Councilmember Munson moved and Deputy Mayor Wilhite seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 21 Regarding Disclosure of Public Records of the City. Interim Attorney Schwartz summarized sections contained in this ordinance. Motion to adopt Ordinance No. 21 carried unanimously. Agenda Bill No. 2003-025: Interim City Clerk introduced Ordinance No. 24 by reading the title. Councilmember Denenny moved and Mayor DeVleming seconded that Ordinance No. 24 Creating the Office of the Police Chief, Establishing Duties and Providing for Appointment be advanced to Second Reading. Interim Attorney Schwartz summaries provisions of this ordinance, responding to a question relating to authority to commission officers, indicated this ordinance is fairly broad so if the City chooses to have its own department at a later date, there is coverage. Duane Scofield,16317 East Lane, said that he would prefer that the terminology"Chief of Police" not be used, and he likes the term"Marshall". Interim Attorney Schwartz said that RCW 35A.13.090 governs this position, and Chief of Police is most common term used. Motion to advance Ordinance No. 24 to Second Reading carried by majority vote with six aye votes—Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Flanigan, Munson, Schimmels and Taylor; and one nay vote—Councilmember Denenny. Agenda Bill No. 2003-026: Interim City Clerk introduced Ordinance No. 22 by reading the title. Councilmember Denenny moved and Councilmember Munson seconded that Council suspend its rules, advance to second reading and adopt Ordinance No. 22 Establishing the Procurement Procedure for Architectural and Engineering Services. Interim Attorney Schwartz said that if the City is going to use this type of professional services, state law is quite restrictive about the process cities must go through to seek qualified firms and then negotiate a price for a project. Motion to adopt Ordinance No. 22 carried unanimously. Agenda Bill No. 2003-027: Interim City Clerk introduced Ordinance No. 25 by reading the title. Councilmember Flanigan moved and Councilmember Munson seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and adopt Ordinance No. 25 Creating the Office of the City Attorney, Establishing Duties and Providing for Appointment and Confirmation. Interim Attorney Schwartz reviewed sections included in this ordinance. Council Minutes: January 14,2003,Approved Jan.28,2003 5 Duane Scofield,16317 East Lane, questioned about any conflict for an attorney to provide services to several municipalities. Councilmember Munson advised that this issue has been discussed and if any conflict arises, the Attorney advises Council and if he needs to withdraw, does so, or the client can waive requirement for withdrawal. Motion to adopt Ordinance No. 25 carried unanimously. Agenda Bill No. 2003-013: Interim Finance Director Noack reported that nine banks responded to the City's Request for Proposal (RFP) for banking services. All submittals were compared by the Finance Committee, focusing on the cost of the $1 million line of credit, since it is projected that there will be a need for more money to operate during the interim period than provided by the road tax funds advance from Spokane County and the loan from Liberty Lake. Two bank proposals are fairly equal, but when the cost of services provided for free by Farmers & Merchants bank is factored in, the Committee recommends appointing this bank as the official depository for Spokane Valley. Councilmember Munson moved and Councilmember Flanigan seconded that Resolution No. 03-012 be adopted Designating the Official Depository Bank for the City of Spokane Valley as Farmers & Merchants Bank. Councilmember Munson reported that the Finance Committee spent many hours reviewing the bank proposals, and he is pleased that the Committee is able to recommend a local bank where taxes will be retained in Spokane Valley and this furthers the partnership with this institution who has been a real partner during incorporation efforts. Councilmember Taylor also supports the Committee recommendation, but not on preconceived notions, but the comparison of all proposals and that this bank's proposal is the best offer. Responding to Councilmember's Schimmels question about investment in the State pool versus the County pool, Interim Finance Director Noack said that the County pool is composed of special purpose districts and the City is unable to participate. Tony Lazanis, 10625 East Trent, commended the Committee for recommending Farmers and Merchants Bank which is a fine institution. Motion to adopt Resolution No. 03-012 carried unanimously. City Manager and Staff Reports: Interim Manager Walton introduced Don Morrison, Interim Human Resources Manager, who will also be working with grants and risk management and Mac McDonald, Interim Public Works Superintendent, who will be working in the field to oversee work performed under the City's maintenance and operation contracts. Mayor DeVleming said that the Council is making every effort to make Spokane Valley government very open to the public. Interim Deputy Manager McNutt reviewed a flow chart that provides new "out-of-the-box"methods that the Governance Committee is suggesting for Spokane Valley. Public Comments: Duane Scofield, 16317 East Lane, inquired about make-up of the Governance Ad-Hoc Committee. Council Minutes: January 14,2003,Approved Jan.28,2003 6 Tony Lazanis, 10625 East Trent, said that there is always a great deal of activity at the City Council meetings,but very little reported in the newspapers. Lazanis also urges the City to touch base with people involved in the Convention Center and is concerned that hotel/motel taxes should be utilized for Spokane Valley businesses. New Business: Councilmember Schimmels announced that he would be absent from the January 21, 2003 meeting, asking to be excused. Adjournment: Councilmember Flanigan moved and Mayor DeVleming seconded that the meeting adjourn to the January 16, 2003 Executive Session at 7:00 p.m. as advertised, for discussion of the lease for City Hall and other legal matters. The motion carried unanimously. The meeting adjourned at 7:15 p.m. ATTEST: APPROVED: Interim City Clerk Mayor Michael 1 eV eming Council Minutes. January 14,2003,Approved Jan.28,2003 7