2003, 04-01 Special Meeting Minutes City of Spokane Valley
• City Council Minutes
Special Meeting
April 1, 2003
Mayor Michael DeVleming called the special meeting of the Spokane Valley City
Council to order 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 Manager Lee Walton, Interim Deputy Manager Stan McNutt,
Interim Finance Director Robert Noack, Interim Building Official Robert Ely, interim
Public Works Director Richard Warren, Interim City Engineer Dick Thiel, and interim
City Clerk Ruth Muller.
Invocation: Councilmember Munson gave the invocation.
Pledge of Allegiance: Councilmember Taylor led the pledge of allegiance.
Introduction of Special Guests and Presentations: Mayor DeVleming proclaimed the
week of April 6-12, 2003 as "Washington State University/Spokane County Master
Gardneners' Week" and presented the proclamation to representatives of Master
Gardeners who extended an invitation to the mayor and councilmembers to the April 12
open house and 30th anniversary celebration.
Approval of Agenda: Deputy Mayor Wilhite moved and Councilmember Munson
seconded that the agenda be approved. The motion carried unanimously.
Council Reports: Councilmember Munson reported that he spoke to the Spokane
Sunrise Rotary Club, giving an update on our Spokane Valley incorporation and the
members were enthusiastic about the new City.
Deputy Mayor Wilhite reported that the American Red Cross will be conducting a mock
disaster scenario for community participation. Councilmembers concurred that there
should be a committee appointed for development of a disaster plan for Spokane Valley.
Councilmember Schimmels reported that he attended the Public Facilities District
meeting today, and even though there are problems to be solved, there is some progress
towards resolving issues surrounding Mirabeau Point.
Mayor DeVleming expressed his appreciation and of all councilmembers to the
community for its support during the City's incorporation celebration events.
Council Minutes,April I,2003
Approved by Council May 13,2003
Agenda Bill No. 2003-097, Waive Objection to Preston Gates & Ellis engagement by
Spokane Public Facility District as bond counsel: Councilmember Munson moved and
Councilmember Denenny seconded that Spokane Valley Council waive objection to
Preston Gates & Ellis engagement by Spokane Public Facility District as bond counsel.
Kevin Twohig, Executive Director of the Spokane Public Facilities District said that the
District needs a firm that is experienced to represent them for the issuance of bonds.
Twohig summarized the process that the District has followed to make bond counsel
selection, noting that the bond issues are similar for the District and the City, and that the
District is requesting that Spokane Valley waive objection to the legal firm's Seattle
office representation of the District on this bond issue. •
Councilmember Munson said that he cannot support this motion as the City should not
allow an appearance of any conflict on this issue. Councilmember Taylor said that even
though Spokane Valley's interests are directly in line with the County's interests, there is
an issue of ownership. The City has needed to hire special counsel to represent its
interests on this issue because of potential conflict of interest, and he cannot support this
motion. Councilmember Flanigan said that he supported obtaining special counsel for
the City because of potential conflict and cannot support this motion without
contradicting his position that there be no conflicts of interest on this issue.
Councilmember Denenny said that there likely are enough fire walls to protect each
party's interest if the firm's offices are in two different locations. Councilmember
Schimmels said that this is a very complicated and sensitive issue and Spokane Valley
needs its own representation. Deputy Mayor Wilhite said that even though the County
and City interests are the same, Spokane Valley council.members have concurred that the
City should have its own counsel.
The motion to waive objection to Preston Gates & Ellis engagement by Spokane Public
Facility District failed with aye votes—0: and nay votes— 7.
Agenda Bill No. 2003-096, Amend Master Fee Schedule Resolution: Councilmember
Munson moved and Deputy Mayor Wilhite seconded that Resolution No. 03-021-Al
Amending Resolution No. 03-021. Master Fee Schedule be adopted. interim Manager
Walton said that Council has directed that the City's fees be the same or lower than the
existing County fees, but we have ascertained during our initial start-up process that there
needs to be some adjustment to the plan check fees and land use fees, as the County
administratively did some adjusting and waiving of these particular fees. Staff
recommends that the fee schedule be amended to more accurately reflect what has been
charged by the County. There was discussion with staff about some of the differences in
lees, the 22% County surcharge, that Spokane Valley will not provide a method for fast
tracking permits, the need to resolve fees for roadway obstruction permits, and
administration fee for handling County files that have been transferred to Spokane
Valley. Council concurred that staff prepare a comparison of fees with Spokane County
and City of Spokane for review at a study session in approximately 30 days.
Jim Farrell, 4110 South Olive Court, said that he was surprised at the dollar value
assigned for construction of a shop building on his property that was much higher than
Council Minutes,April 1,2003 2
Approved by Council May 13,2003
the actual cost for building. Mr. Farrell was advised that the value was determined with
use of the County valuation schedule, and these building valuations are based on square
footage value and used for permits and not for property assessed value that is done by the
County Assessor office.
Tony Lazanis, 1048 Trent Avenue, said that there is still confusion about the need to go
to the County for permitting, when Spokane Valley has its own permit center. Mr.
Lazanis was advised that applicants still need to secure electrical permits and Health
Department permits from dowx ntown.
The motion to adopt Resolution No. 03-021-Al carried unanimously.
City Manager and Staff Reports: interim Manager Walton reported that staff is still
working with the County Health Department, Department of Labor and Industries, and
County Utilities to attempt to secure cooperation for permit assistance at the City's
permit center, but do not yet have any agreement with these agencies.
Public Comments: Bill Gothmann, 10010 East 48th Avenue, said that the County Health
Department does not have a Spokane Valley representative on its Board and the City
should request that it have a representative position on this Board.
Cary Driskell, 11014 East 21s1 Avenue, said that he has been sworn in as a member of the
United States Supreme Court, and is the first and only lawyer in Spokane Valley serving
in this capacity.
Annette Remshard, McMillan Lane. thanks the Council for the vote not to waive the
conflict of interest on bond counsel for the Public Facilities District.
New Business: Councilmembers Munson and Taylor reported on proposed state
legislation that would increase the number of seats on a Public Facilities District Board
providing that cities having 15% of the County population have representation on the
Board. Council concurred that they support this legislation and that the mayor send a
letter from the City requesting passage of this bill.
Adjournment: Councilmember Flamean moved and Councilmember Munson seconded
that the meeting adjourn. The motion carried unanimously.
There being no further business, the meeting adjourned at 7:15 p.m. to Study Session
following a ten-minute recess.
ATTEST: APPROVED:
Ruth Muller, interim City Clerk Michael DeVleming, Mayer
Council Minutes,April 1,2003 3
Approved by Council May 13,2003