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2009, 09-22 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 168th meeting. Attendance: Rich Munson, Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Dick Denenny, Deputy Mayor Ian Robertson, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, September 22, 2009 City Staff Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Neil Kersten, Public Works Director Ken Thompson, Finance Director Cary Driskell, Deputy City Attorney Rick VanLeuven, Police Chief Kathy McClung, Community Development Dir. Mike Stone, Parks & Recreation Director Carolbelle Branch, PIO Chris Bainbridge, City Clerk INVOCATION: Pastor Hulten from Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Dempsey led the Pledge of Allegiance. ROLL CALL• City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Denenny and Councilmember Robertson. It was moved by Councilmember Gothmann, seconded and unanimously agreed to excuse Deputy Mayor Denenny and Councilmember Robertson from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Wilhite, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Dempsey: mentioned she attended the Wildfire Protection Plan meeting where they discussed a number of past serious fires throughout the County, and talked about being properly prepared. Councilmember Schimmels: no report. Councilmember Gothmann: said he attended a Spokane Valley Business Association meeting where they discussed how to improve the City's development process and he mentioned the City's upcoming October 1 development meeting being held for the purpose of improving the development process; said he met with Transportation Improvement Board Director (TIB) Steve Gorcester and said the TIB has a nationally award winning dashboard on their website which automatically shows when a project is completed, and Mr. Gothmann said he would like to make a future presentation to council on that topic; that he met with several of our legislative representatives where the city hall "living building" concept was mentioned; that he attended a Spokane Regional Transportation Council (SRTC) meeting as a guest; attended the Council of Governance meeting where the topic of transportation benefit district was discussed and the idea of an additional $45 for license car tabs, adding that this Council is reluctant to do that as it does not solve the revenue problem; attended a SNAP breakfast, a Chamber of Commerce breakfast with Jan Quintrell as speaker; he also attended the Washington State University Wildfire conference and suggested Council needs to look at ordinances and how they pertain to wildfire areas; he attended the walk for success in Council Regular Meeting: 9 -22 -2009 Page 1 of 6 Approved by Council: 10 -13 -09 Edgeclift; and he extended kudos to Councilmember Wilhite for working to keep that neighborhood free from crime; and said he got a flu shot from the Board of Health and he encouraged everyone to get their flu shot now for the seasonal flu. Councilmember Wilhite: reported that she addend the Edgeclift Walk; and the ALS (amyotrophic lateral sclerosis, also known as Lou Gehrig's disease) walk in Mirabeau Park; she attended the SRTC meeting; the Council of Governance meeting; the Spokane County fair opening; the Art Council auction; the SVBA meeting; and the United Way kick -off. MAYOR'S REPORT: Mayor Munson reported that he had his normal quarterly meeting with the School Superintendent; participated in an on -line legislative committee meting with the Association of Washington Cities (AWC); attended the wildfire protection planning meeting where it was noted the only elected officials attending where from Spokane Valley; participated in the ALS walk and gave the welcome to the group; attended the Greater Spokane Inc (GS1) breakfast; said that he and City Manager Dave Mercier met with GSI representatives Rich Hadley and Jeff Severs today and discussed the need for better communications, and determined they will meet monthly, adding that the GSI is scheduled to present to Council at the October 13 meeting; that he received an e-mail today from the Department of Commerce and said they gave a list of things they will be concentrating on in the next few years, and that he received another e-mail from them regarding the proposed legislation toward climate control and the ways cities will be asked to implement some of the programs discussed. PUBLIC COMMENTS: Mayor Munson invited general public comments and no comments were offered. 1. PUBLIC HEARING: Proposed 2010 Budget — Ken Thompson Mayor Munson opened the public hearing at 6:23 p.m. and invited Finance Director Thompson to the podium. Mr. Thompson said that tonight is last public hearing for the proposed 2010 budget, which is approximately $100 million, which is a decrease of approximately $10 million from last year's budget; and said he does not expect any significant changes in the budget. Mayor Munson invited public comment; no comments were offered and Mayor Munson closed the public hearing at 6:24 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Claim Vouchers, Voucher #18303 through #18439; 831090038, 904090022: total: $2,660,294.61 b. Payroll for pay period ending September 15, 2009: $249,633.44 . 1pproval of Council Meeting Minutes of August 25, 2009 d. Approval of Council Meeting Minutes of September 1, 2009 e. Approval of Council Meeting Minutes of September 8, 2009 f. Approval of Executive Session Council Meeting Minutes of September 15, 2009 Councilmember Gothmann asked that item 2c be removed to be discussed separately. It was then moved by Councilmember Wilhite, seconded, and unanimously agreed to approve the consent agenda with the exception of 2c. Item 2c. Approval of Council Meeting Minutes of August 25, 2009 Councilmember Gothmann explained that the sentence on page two reads that he met with Dick Behm at a meeting where he discussed City Finance 101 and disincorporation; but stated that it was Mr. Behm who discussed disincorporation rather than Mr. Gothmann. It was suggested the sentence be changed to read "and Mr. Behm discussed disincorporation." It was then moved by Councilmember Gothmann, seconded and unanimously agreed to approve the minutes as amended. Council Regular Meeting: 9 -22 -2009 Page 2 of 6 Approved by Council: 10 -13 -09 NEW BUSINESS: 3. Second Reading Proposed Ordinance 09 -018 Levying Tax — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve Ordinance 09 -018 setting the property tax levy at $10,799,500, for the 2010 budget for the City of Spokane Valley. Finance Director Thompson said that property taxes are expected to comprise an estimated 20% of the General fund revenues; that this will result in an estimated tax rate of $1.54 per $1,000 of assessed value, but that could change to a few cents difference. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Second Reading Proposed Ordinance 09 -019 Property Tax Confirmation — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to adopt Ordinance 09 -019 confirming a 2.9% (8299,500) increase in property tax over the 2008 levy which was collected in 2009. Mr. Thompson said that state law requires this as a separate ordinance; that we don't know the rate of inflation so we make the best estimate we can and feel we will be very close to $1.52 per $1,000 assessed value; and said we are required to include what we believe the increase will be, and although we are using the 2.9% figure, it would more likely be an estimated 1.9 %; and said once the County examines everything and knows the assessed value, they calculate the rate. Mayor Munson invited public comment. Dean Grafos, 16120 E. Sprague Avenue: said that under state law council has another option in lieu of raising the property tax, that of reducing the budget accordingly, and said that is the option he would opt for and he asked that Council turn down this ordinance and not approve it. There was brief council discussion on the process for adopting these ordinances and of the budget process in general; and Councilmember Gothmann mentioned that from looking through the budgets for 2007, 2008 and 2009, that property taxes over those past three years increased an average of 4.2% per year, and that most of that was in 2007 and 2008 when we had a lot of construction; that the general fund's primary use is to fund public safety and said that about 60% of the general funds are for public safety, and that the Sheriff's Contract increases an estimated 6% annually as opposed to the 4.2% property tax increase annually; and that these figures do not include the $2 million the City recently paid to the Sheriffs Department; and said if Council wants to cut the general fund, the largest element of that is the Sheriff's Contract, that he is not advocating this but pointing out the percentage amounts; and that the suggestion to reduce the fund by $300,000 equates to reducing the funding amount to the Sheriffs office, and said he does not think that would be a good thing to do. Mayor Munson added that the $200,500 would come primarily from new construction and from how the state tells us the values of those special properties; and that .1% of that increase will come from what we are estimating to be between .1 and .2 from current property owners, and said he feels the approach is reasonable. Vote by Acclamation: In Favor: Mayor Munson and Councilmembers Schimmels, Gothmann, and Wilhite. Opposed: Councilmember Dempsey. Abstentions: None. Motion carried. 5. Second Reading Proposed Ordinance 09 -020 False Alarm — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was proved by Councilmember Gothmann and seconded to approve Ordinance 09 -020. Deputy City Attorney Driskell explained that they did a complete re -write of the city's alarm code, that this is unchanged from the first reading except the definition of "alarm system" was edited to exclude a personal alert system primarily for medical alert purposes. Mr. Driskell also mentioned that staff examined the code and fees from the City of Spokane and it was found they grant a reduction in the alarm registration fee if there is no false alarm the prior year, and they also have some provision for low income, which, Mr. Driskell explained, staff would look to replicate into our own fee structure so the two systems would be identical in that regard. Mayor Munson invited public comment. Tony Lazanis, Spokane Valley resident: said he doesn't agree with another alarm Council Regular Meeting: 9 -22 -2009 Page 3 of 6 Approved by Council: 10 -13 -09 fee, and said just because the City of Spokane does this it doesn't mean we should pass it on to the valley; he said we don't need another fee and are fine the way we are now; and that the valley Police Department has enough dimes to do the job. There were no other public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 6. Second Reading Proposed Ordinance 09 -023 Hearing Examiner Rules of Procedure — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to approve Ordinance 09 -023. City Attorney Connelly said that this ordinance reflects the new set of Hearing Examiner procedures; that the rules were before Council several months ago, then were before the Planning Commission, and are now here for final approval consideration; that the current system has rules adopted by the Board of County Commissioners adopted in the mid 1990's and there are several inconsistencies; that he worked with the Hearing Examiner in developing these rules, and they are now consist with Code and with providing a fair hearing. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 7. First Reading Proposed Ordinance 09 -024 Adopting 2010 Budget — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance Ordinance 09 -024 to a second reading. Finance Director Thompson said that this is the first reading of the ordinance to adopt the 2010 budget, and said the schedule establishing the positions and salary is not yet attached as staff is still negotiating with the Union, but the schedule will be added for the second reading. Mayor Munson invited public comment; no comments were offered. There was brief council discussion concerning the service level reserves, the budget calculator on the city's website, that the budget is balanced with no cuts in service; and commendations to staff. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 8. First This item was moved to 14a. Administrative Report 9. First Reading Proposed Ordinance 09 -026 Amending SARP Ordinance 09 -012 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded t o suspend the rules and adopt ordinance 09 -026. City Attorney Connelly explained that these four ordinances are companion ordinances and should all be considered in the same manner, and the only impact they have is to extend the effective date of the Sprague /Appleway Revitalization Plan from October 1, 2009 to October 15, 2009; and said in order to have them effective prior to the first date of the original SARP ordinance, the rules will need to be suspended and the ordinances adopted tonight. Mayor Munson invited public comment; no comments were offered. Mayor Munson mentioned that he previously asked the City Clerk how many requests she has had for this Plan since it was passed, and she said two requests: one from one of the interim council candidates, and one from Sue Scott; but that Ms. Scott was told we had a hard copy of the Plan but that was not what Ms. Scott desired; and Mayor Munson also extended his thanks to staff for getting this document ready and on the website, adding that it has been on the website now since last Wednesday. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 10. First Reading Proposed Ordinance 09 -027 Amending SARP Ordinance 09 -013 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -027. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. Council Regular Meeting: 9 -22 -2009 Page 4 of 6 Approved by Council: I 0 -13 -09 11. First Reading Propose Ordinance 09 -028 Amending SARP Ordinance 09 -021 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -028. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 12. First Reading Proposed Ordinance 09 -029 Amending SARP Ordinance 09 -022 — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to suspend the rules and adopt ordinance 09 -029. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. Mayor Munson announced that the SARP will now be in effect October 15, 2009. 13. Motion Consideration. Alarm Contract Award — Rick VanLeuven It was moved by Councilmember Gothmann and seconded to award the contract to Public Safety Corp / "Cry Wolf" and authorize the City Manager or his designee to execute the contract. Police Chief VanLeuven said that last week the minimum criteria for this company was discussed, and that in his opinion they exceed those minimum requirements; adding that of the twenty false alarms they received yesterday, eight did not have current contact information, and said that all were in fact, false alarms. Councilmember Schimmels asked if the false alarm ties in with fire alarms, and Chief VanLeuven said they are separate but they can interface with current alarm companies. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. 14. Motion Consideration: Mayoral Appointment to Cable Committee — Chris Bainbridge It was ,moved by Councilmember Wilhite and seconded to confirm the Mayor's appointment of Steven Lunden to the Spokane Regional Cable Advisory Board for a term beginning immediately and expiring December 31, 2009. City Clerk Bainbridge explained that Senior Administrative Analyst Koudelka spoke with the applicant and with the Mayor, and the Mayor favors the appointment, and the applicant is ready, willing and able to participate; and the reason for the short term is that Mr. Lunden will be completing the unexpired term of the last person who is no longer on the committee. Mayor Munson mentioned that the applicant is present tonight, and he thanked him for his willingness to volunteer. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: none. Motion carried. PUBLIC COMMENTS: Mayor Munson invited general public comments. Tony Lazanis, Spokane Valley resident: said he would like to find out, that the public needs to know, the budget for 2008, and 2009, the traveling budget, and the staff budget for 2008 and 2009, and how much was allocated and how much was spent in 2008 and how much was spent so far in 2009; and said he hopes the Council will tell the public now. Mayor Munson said that is information that staff will need to gather; and said the normal procedure when questions are asked is to give staff enough time to answer the question properly and that procedure will be followed in this case as well. Mayor Munson called for a recess at 7:20 p.m., and reconvened the meeting at 7:30 p.m. ADMINISTRATIVE REPORTS: N/A 14a. (former agenda item #8) Report on Draft Ordinance Finding Substantial Need — Ken Thompson Mayor Munson said that he asked that this action item be changed to an administration report then have a first reading next week. Finance Director Thompson explained that the City is allowed to levy a 1% increase over the highest lawful levy or an increase equal to the implicit price deflator, which equates to inflation, whichever is less; that this has not been an issue for the last eight to ten years as inflation has always been grater than 1% but there is some concern this time that inflation may be -1% and staff is Council Regular Meeting: 9 -22 -2009 Page 5 of 6 Approved by Council: 10 -13 -09 trying to guard against a situation where we might actually lose money on the property tax levy; and he explained his spreadsheet showing the figures if inflation is 1 %, 2.9 %, or -1 %; but said that instead of a 2.9% increase, it will be closer to 1.2 which affects the $1.54 tax rate per thousand to $1.52 instead; and said if inflation is negative as shown in column c, we'd lose a little and have a little lower tax rate. In response to council questions, Mr. Thompson said if we have deflation or a negative number, we'd have a decrease in property taxes, but that the assessed value is not likely to go down, that the deflation will have an affect on new construction and improvements. Mr. Thompson also said that we will probably have the same level of service as in the past, and in most years we count on about a 6 -8% cost increase, that this is not the same thing as a "cost of living" increase, but is a special formula the state uses. Mr. Mercier said that there are two things to balance: the escalation in cost in operating the services provided, and the anticipated $2.8 million loss in sales tax and $400,000 loss in building service fees, against a prospective $299,000 increase in property tax; and said the budget is designed so there is no loss of service across all city services. Mayor Munson said the average residential property tax would decrease slightly with column c figures, and under column B they would be up a very little. Mr. Mercier added that column c is entirely hypothetical; with Councilmember Gothmann adding that the increase in tax using the figures in column c would amount to approximately 210 more per month to the average property owner. 15. Department Highlights and Work Plan for 2010 — Mike Jackson Mr. Mercier began by going over the council goals as shown on the PowerPoint slides, followed by Chief VanLeuven giving his public safety highlights, and Mr. Jackson explaining the operations and administrative services highlights including goals for the administrative division and human resources. Finance Director Thompson went over the services and funding slides, followed by Parks and Recreation Director Stone's explanation of the Administrative and Maintenance Division, the Recreation and Aquatics Division, , and plans for the Senior Center and CenterPlace. Community Development Director McClung discussed the work plan and goals for the planning division, and building and development engineering divisions, and in response to question, said the current computer system does not support on- line permitting and that they will have to consult with the finance department in that regard. Public Works street fund, stormwater, and capital projects expenditures were discussed by Public Works Director Kersten, and he mentioned that the new emergency snow operations will be implemented this year and he feels they are on track and moving ahead, and they will continue to evaluate the long -term options. 16. INFORMATION ONLY: The Department Reports were for information only and were not reported or discussed. EXECUTIVE SESSION: N/A It was then moved by Councilmember Wilhite, seconded an unanimously agreed to adjourn. The meeting adjourned at 8:20 p.m. ATTE r rte, 44 htistine Bainbridge, ity Clerk Council Regular Meeting: 9 -22 -2009 Approved by Council: 10 -13 -09 Ric and M. Munson, rayor Page 6 of 6 CITY OF SPOKANE VALLEY 2010 PROPERTY TAX INCREASE FINDING OF SUBSTANTIAL NEED '9 -22 -09 CITY IS ALLOWED A 1% INCREASE OR AN INCREASE EQUAL TO INFLATION, WHICHEVER IS LESS, PLUS NEW CONSTRUCTION & IMPROVEMENTS INFLATION MAY BE A NEGATIVE NUMBER. A B C INFLATION EQUAL TO ---> 1% 2.90% -1% 1.20% 2008 LEVY FOR 2009 BUDGET $10,500,000 $ 10,500,000 $ 10,500,000 INFLATION INCREASE /(DECREASE) $ 105,000 $ 110,250 $ (105,000) NEW CONSTRUCTION & IMPROV. $ 189,434 $ 189,434 $ 189,434 2010 LEVY $10,794,434 $ 10,799,684 $ 10,584,434 DIFFERENCE COLUMNS B & C $ 215,250 USING $7,100,000,000 A.V. $ 1.54 RATE > $ 1.52 $ 1.52 $ 1.49 LEVY OF $ $ 10,799,500 IF INFLATION IS A NEGATIVE #, A FINDING OF SUBSTANTIAL NEED WILL PROVIDE THE CITY WITH A LEVY OF $10,799,500 9 --0267