2002, 12-10 Regular Meeting Minutes City of Spokane Valley
City Council Minutes
Regular Meeting
December 10, 2002
The regular meeting of the Spokane Valley City Council was called to order by Mayor
Mike DeVleming at 6:00 p.m.
Councilmembers present: Mayor Mike DeVleming, Deputy Mayor Diana Wilhite,
Councilmembers Steve Taylor, Gary Schimmels, Rich Munson, Mike Flanigan and Dick
Denenny.
Staff present: Interim City Manager Lee Walton,Interim City Attorney Stanley
Schwartz, Interim Finance Director Robert Noack, Interim Public Works Director Dick
Warren, Interim Planning Director Jim Harris, Interim Administrative Assistant Karin
Bosworth and Interim City Clerk Ruth Muller.
Invocation: Councilmember Munson gave the invocation.
Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance.
Roll Call: Interim City Clerk called roll.
Approval of Agenda
Deputy Mayor Wilhite moved to amend the agenda adding an executive session under
new business and to move Prothman Contract for Interim Management Services to
executive session for discussion, with action on the contract following executive session.
Councilmember Munson seconded the motion. The motion to amend the agenda carried
unanimously. Councilmember Schimmels moved to adopt the amended agenda and
Councilmember Flanigan seconded the motion. The motion carried unanimously.
Public Comments
Tom DeGeare, 2820 South Avalon Road, said that as a 17-year resident of the area, he
does not support the name of the City as Spokane Valley. Prior to the incorporation vote,
he was advised that this could be a temporary name, but he has heard nothing since the
vote on any change. He said that there should be a decision prior to development of a
logo He said that he voted to divorce the area from the City from Spokane, not to be a
foster child. Mayor DeVleming advised that the Council has agreed not to initiate any
action for a City name change, but that such action must be citizen driven. The mayor
reviewed the process that would be followed if any petition for a name change is
initiated.
December 10,2002 Council Minutes,Approved Jan.7,2003 1
Council Reports
There were no Council reports.
Consent Agenda
Councilmember Munson moved and Councilmember Taylor seconded that the Consent
Agenda be approved including (1) December 3, 2002 Regular Meeting Minutes and(2)
no claims obligations. The motion carried unanimously.
Motions
1) Finance Committee: Mayor DeVleming announced that he has appointed
Deputy Mayor Wilhite, Councilmembers Munson and Taylor to the Finance
Committee. Councilmember Flanigan moved and Councilmember Munson
seconded that the Council confirm the mayor's Finance Committee appointments.
Interim Manager and Finance Director responded to questions of the Council on
the operation of the Finance Committee. The motion to confirm appointments of
Deputy Mayor Wilhite, Councilmembers Munson and Taylor to the Finance
Committee carried unanimously.
2) Ad-Hoc Governance Coordination Committee: Mayor DeVleming announced
that he has appointed Councilmembers Flanigan, Denenny and himself to the Ad-
Hoc Governance Coordination Committee. Mayor DeVleming moved and
Councilmember Denenny seconded that the Council confirm the mayor's Ad-Hoc
Governance Coordination Committee appointments. The mayor responded to
questions as to operation of this committee. The motion to confirm appointments
of Mayor DeVleming, Councilmembers Flanigan and Denenny to the Ad-Hoc
Governance Committee carried unanimously.
ORDINANCES
1) Ordinance No. 6: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Denenny moved and Councilmember Flanigan seconded
that City Council suspend its rules for two readings of this ordinance and proceed
to final action at this meeting. The motion carried unanimously.
Councilmember Munson moved and Deputy Mayor Wilhite seconded that
Council adopt Ordinance No. 6 Requiring Certain City Officials to Take an Oath
of Office and Furnish a Bond. Responding to Councilmember Denenny's
question relating to Section 2 and dollar amounts for these bonds, Interim
Attorney Schwartz advised that the bond amounts are established at Council's
discretion. Councilmember Munson moved to amend the ordinance and
Councilmember Schimmels seconded to establish a$250,000 bond requirement
for the positions of City Manager, City Clerk, Finance Director and Chief of
Police. Following discussion of suitable bonding requirements, the motion to
amend Section 2 requiring $250,000 bonds carried unanimously. Adoption of
amended Ordinance No. 6 carried unanimously.
December 10,2002 Council Minutes,Approved Jan.7,2003 2
2) Ordinance No. 7: Interim City Clerk introduced the ordinance by reading the
title. Mayor DeVleming moved and Councilmember Taylor seconded that City
Council suspend its rules for two readings of this ordinance and proceed to final
action at this meeting. The motion carried unanimously.
Councilmember Schimmels moved and Deputy Mayor Wilhite seconded that
Council adopt Ordinance No. 7 Relating to Legal Actions Brought Against City
Officials and Employees, Providing for Legal Representation for Conduct, Acts
and Omissions on Behalf of the City Within the Scope of Their Services or
Employment and Other Matters Reasonably Related Thereto. Interim Attorney
Schwartz summarized this ordinance as a contract for indemnity of City officials
whose legal defense will be covered if they are acting in good faith as a City
employee, and identified exclusions, conditions of defense, reimbursement and
coverage if there is conflict with provisions of insurance policies. Following
discussion of the contents of the ordinance, the motion to adopt Ordinance No. 7
carried unanimously.
3) Ordinance No. 8: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Taylor moved and Councilmember Flanigan seconded that
City Council suspend its rules for two readings of this ordinance and proceed to
final action at this meeting. The carried unanimously.
Councilmember Denenny moved and Councilmember Munson seconded that
Council adopt Ordinance No. 8 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. Interim Attorney
Schwartz summarized provisions of the ordinance, advising that per state statute
credit cards may be issued to the City for use by City officials for the purchase of
goods, supplies and for travel; the cards will be under control of the Finance
Director who will maintain a log of uses. The motion to adopt Ordinance No. 8
carried unanimously.
4) Ordinance No. 9: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Taylor moved and Councilmember Flanigan seconded that
City Council suspend its rules for two readings of this ordinance and proceed to
final action at this meeting. The motion carried unanimously.
Deputy Mayor Wilhite moved and Councilmember Denenny seconded that
Council adopt Ordinance No. 9 Establishing Accounting Funds. The motion
carried unanimously.
5) Ordinance No. 10: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Denenny moved and Councilmember Flanigan seconded
that City Council suspend its rules for two readings of this ordinance and proceed
to final action at this meeting. The motion carried unanimously.
December 10,2002 Council Minutes,Approved Jan.7,2003 3
Mayor DeVleming moved and Councilmember Denenny seconded that Council
adopt Ordinance No. 10 Establishing a General Fund Petty Cash Account for the
City of Spokane Valley for the Purpose of Making Minor Authorized
Disbursements.
Councilmember Munson moved and Councilmember Taylor seconded to amend
Section 1 establishing the petty cash amount to not exceed$1000.00. The motion
to amend carried unanimously.
Motion to adopt Ordinance No. 10 as amended carried unanimously.
6) Ordinance No. 11: Interim City Clerk introduced the ordinance by reading the
title. Councilmember Taylor moved and Deputy Mayor Wilhite seconded that
City Council suspend its rules for two readings of this ordinance and proceed to
final action at this meeting. The motion carried unanimously.
Councilmember Schimmels moved and Mayor DeVleming seconded that Council
adopt Ordinance No. 11 Establishing a Small Works Roster to Award Public
Works Contracts. Interim Attorney Schwartz summarized provisions of the
ordinance that allows the City to maintain a small works roster for projects under
$200,000, soliciting bids from firms on the roster, and providing specifications
and bids to the Council for authorization of projects; without such a roster, all
projects are subject to formal bid requirements. The motion to adopt Ordinance
No. 11 carried unanimously.
7) Ordinance No. 12: Interim City Clerk introduced the ordinance by reading the
title. Mayor DeVleming moved and Councilmember Munson seconded that City
Council suspend its rules for two readings of this ordinance and proceed to final
action at this meeting. The motion carried unanimously.
Councilmember Denenny moved and Councilmember Munson seconded that
Council adopt Ordinance No. 12 Providing for Small Contract Authorization.
Interim Attorney Schwartz said that this ordinance gives the City Manager
purchasing authority for goods and services of budgeted items not to exceed
$5000, audited by the Finance Director and reviewed by the Finance Committee.
Following discussion as to the desirability and need for increasing this authority
from the $1000 currently in effect, the motion to adopt Ordinance No. 12 carried
by majority vote with four aye votes—Mayor DeVleming, Councilmembers
Denenny, Schimmels and Taylor; and three nay votes—Deputy Mayor Wilhite,
Councilmembers Munson and Flanigan.
RESOLUTIONS
1) Resolution 02-08: Interim City Clerk introduced the resolution by reading the
title. Councilmember Taylor moved and Councilmember Denenny seconded that
City Council adopt Resolution 02-08 Designating March 31, 2003 as the Official
Date of Incorporation for the City of Spokane Valley.
December 10,2002 Council Minutes,Approved Jan.7,2003 4
Interim Manager Walton said that staff and Council have reviewed the pros and
cons as to a February 28 versus the March 31 date and have determined that the
March 31 date is preferable both financially and for time necessary to accomplish
everything required prior to incorporation. The motion to adopt Resolution No.
02-08 carried unanimously.
2) Resolution No. 02-09: Interim City Clerk introduced the resolution by reading
the title. Councilmember Taylor moved and Councilmember Denenny seconded
that City Council adopt Resolution 02-03 Authorizing Investment of City of
Spokane Valley Monies Into The Local Government Investment Pool. Interim
Finance Director Noack said that this investment pool was established by the
State to provide opportunity for cities within the State to earn a better return on
their investments given the larger pool of money for investment; in recent years,
the Pool has been able to offer a better return on investments than many other
financial institutions. The motion to adopt Resolution 02-09 carried unanimously.
3) Resolution No. 02-10: Interim City Clerk introduced the resolution by reading
the title. Councilmember Denenny moved and Councilmember Munson seconded
that City Council adopt Resolution No. 02-10 In the Matter of a Loan From
Spokane County to the City of Spokane Valley Payable From Road District
Regular Property Tax Collection Distributions. The motion carried unanimously.
CITY MANAGER AND STAFF REPORTS: Interim Manager Walton reported about
office work space/equipment status; requested that all transition committee reports be
made available to staff; and that a master list of boards and committees for City
participation will be ready for the December 17, 2002 meeting.
Interim Finance Director Noack reported that banking proposals are to be submitted by
interested banks on December 18, 2002 and this will be an item on the January 7, 2003
agenda.
Councilmember Munson reported that he has had discussion with Michael Volz of the
County Treasurer's office regarding information on property taxes.
PUBLIC COMMENTS: There were no public comments at this time.
NEW BUSINESS
Logo Contest: Interim Manager Walton presented draft information,requirements, and
application form for a possible logo contest for the new City. Walton said that such a
contest has been very successful in other new cities and is a good opportunity to involve
students and community members in the process of preparing for the official date of
incorporation on March 31, 2003. Walton asked that City Council consider having such a
contest, and provide guidance to staff as to (1) who should be eligible for entry, (2)
whether a prize should be offered, (3) final date for entry form submittal, and (4) where
information/entry forms should be displayed.
December 10,2002 Council Minutes,Approved Jan.7,2003 5
Councilmember Flanigan reported that the Valley Chamber of Commerce will be happy
to work with the City for placement of the entry forms within the City. Councilmember
Munson moved that the draft document submitted for a logo contest be approved with
entry deadline of January 31, 2003. Deputy Mayor Wilhite suggested that the design of
any logo selected be limited to three colors to reduce production costs. The motion died
for lack of a second.
Bill Gothmann, 10010 East 48th Avenue, said that Eastern Washington University
students would be happy to participate in design of a logo. There was discussion as to
whether entries should be limited to residents within the boundaries of the City.
Councilmember Taylor moved to limit logo contest entries to residents living within the
boundaries of Spokane County. The motion died for lack of a second. Councilmembers
Taylor and Schimmels spoke for allowing entries beyond the City boundaries to include
all of Spokane County since there are areas that may annex and these areas include
people with good ideas. Councilmembers Munson and Flanigan spoke against allowing
entries from residents outside City boundaries since there are many talented people living
within the City.
Mayor DeVleming advised that the Council will accept public comment on this issue.
Richard Belmer, 3626 South Ridgeview Drive, suggested limiting entries to residents
within the three school districts since there are areas of the districts outside the City
boundary. Councilmember Denenny supports this suggestion.
Doug Ryder, 11516 East Mission Avenue, said that School District No. 81 is totally
within the City and suggested using Fire District No. 1 boundary as the entry limitation.
Councilmember Taylor moved and Deputy Mayor Wilhite seconded that the logo design
contest be limited to residents of Spokane County. The motion carried by majority vote
with five aye votes—Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers
Denenny, Schimmels and Taylor; and two nay votes— Councilmembers Munson and
Flanigan. The consensus of the Council is to provide a cash prize of$500, entry deadline
of January 31, 2003, and to work with the Valley Chamber of Commerce for distribution
of entry forms.
Mayor DeVleming recessed the meeting for ten minutes at 7:45 p.m. announcing that
following the recess the Council would convene in executive session for approximately
thirty minutes for discussion of Prothman Contract for interim staffing services.
The meeting reconvened at 7:55 p.m. and Council convened in closed conference room
for executive session. The executive session was extended for approximately 30 minutes
at 8:29 p.m.
The meeting reconvened from executive session at 9:05 p.m.
December 10,2002 Council Minutes,Approved Jan.7,2003 6
w
Councilmember Denenny moved and Councilmember Schimmels seconded that Council
authorize Mayor DeVleming to execute contract with Prothman Company for Interim
Management Services with the following conditions: (1) no Prothmen employee or
"sourced"person may become an employee of Spokane Valley until the termination of
the contract June 30, 2003; (2) provision for a 5%transfer fee for only those individuals
"sourced"by Prothman Company; (3) if additional interim staff are authorized by the
Council, Prothman Company will "source" and present qualified candidates for review
and approval by Council; and (4) a housing stipend of$600 per month is provided to nine
individuals identified on Exhibit"A" and this amount will be pro-rated if an individual is
off work for more than one week per month. The motion carried by majority vote with
six aye votes—Mayor DeVleming, Councilmembers Denneny, Munson. Schimmels,
Taylor and Flanigan; and one nay vote—Deptuy Mayor Wilhite.
Councilmember Taylor suggested that the Council revisit the issue of City name change.
After brief discussion, Council requested that the Interim Attorney research this issue and
provide a memo to City Council about process and statute requirements.
Greg Prothman announced that he will have information available at the December 17,
2002 meeting on City Manager search and interim staff organization chart with positions,
dollars, and job descriptions.
Interim Manager Walton announced that there will be a study session scheduled
following the December 17, 2002 regular meeting.
There being no further business, Councilmember Flanigan moved and Mayor DeVleming
seconded that the meeting adjourn. The motion carried unanimously and the meeting
adjourned at 9:25 p.m.
ATTEST: APPRO r . D:
Interim City Clerk Mayor ichae DeV eming
December 10,2002 Council Minutes,Approved Jan.7,2003 7