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2003, 12-23 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, December 23, 2003 Mayor DeVleming welcomed everyone to the 34 official council meeting, and called the City of Spokane Valley Regular Meeting to order at 6:10 p.m. Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember (via telephone speakerphone) Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development. Director Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Sue Pearson, Deputy City Clerk Chris Bainbridge, Cite Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Pat Mecham of Opportunity Presbyterian Church gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. APPROVAL OF AGENDA: It was moved by Councibnember Taylor and seconded by Councilmember Denenny to have discussion regarding potential changes that •might need to be made to the interlocal agreement to the tourism promotion area, and to have such discussion toward the end of Business. After brief discussion, Mayor DeVleming referred to section 1.9 of the Governance Coordination Manual and said that items may only be added to the agenda by the presiding officer, three councilmembers, a majority of the Councilmembers present, or the City Manager. Mayor DeVleming asked if any other councilmembers wished to support the motion. No other councilmembers voiced their support. 11 was proved by Mayor DeVleming and seconded by Councilmember Schinrmels to approve the agenda as presented. Roll Call Vote: In Favor: Mayor DeVleming, Deputy Mayor Wilhite., Councilmembers Schitnmels, Flanigan and Munson. Opposed: Councilmembers Taylor and Denenny. Abstentions: None. Motion approved. COIM1LITTEE, BOARD, LIAISON SUMMARY REPORTS: Councihnember Denenny: reported that he attended the Spokane Transit Authority Board meeting which involved discussion and ultimate approval of their budget; that the budget reflected substantial reduction in operations beginning July; and that there will be two major public -input meetings on this issue in January; and that after the public process, the Board will vote on the proposed changes. Council Minutes 12 -23-03 Page 1 of 5 Date Approved by Council: 01 -13 -04 Councilmember Taylor: explained that he attended the Board meeting of the inland Northwest Technology Education Center, where the proposal was discussed to move forward with the connect model based on the University of California San Diego connect economic development model used to promote the high -tech sectors in that City; and they are attempting to put together a similar model for the Spokane region. Councilmember Munson: said that he and Councilmembers Flanigan and Wilhite attended the National League of Cities Convention in Nashville where they attended many classes designed to help officials in their roles, such as a course on How to Involve the Public. Councilmember Taylor asked for a point of order in reference to adding an item to the agenda, and that a motion and a second were stated and asked if a vote should have been taken. Mayor DeVleming cited the Governance Manual dealing with the three ways to add items to an agenda. Mayor DeVleming also mentioned the issue has been scheduled as an agenda item for the January 13 agenda. MAYOR'S REPORT: Mayor DeVleming reminded everyone that the Christmas tree is scheduled to be taken down January 2, and asked that any volunteers meet at the U -City parking lot that morning at 9:00 a.m. 11 was moved by Mayor DeVleming and seconded by Rich Munson to confirm the appointment of Rich Munson to fill the vacancy on the Spokane Transit Authority's Board in place of Deputy Mayor Wilhite's resignation. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUi3LIC COMMENT: None was offered. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the consent agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Proposed Ordinance 03 -098 to Create Fund — Second Reading. City Manager Mercier explained that state law requires cities to formally create funds which are planned for use in the budget; that the adopted budget anticipates the use of certain funds to receive revenues and to make expenditures for various programs; and this Ordinance creates that fund. 1t was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve Ordinance 03 -098. Mayor DeVleming invited public comment; none was offered. Vote b_yAcclamation: hi Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Proposed Resolution 03 -055 to Amend Six -Year Transportation Improvement Program. 11 i as moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan to approve Resolution 03 -055. Public Works Director Kersten explained that this is a housekeeping item and simply adds the sidewalk project as a result of receiving a grant from the Transportation Improvement Board to construct sidewalks along Bowdish Road and 24 Avenue. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None.. Motion carried. 4. Motion Consideration: Approval of Fleet Management Policy. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the Fleet Management Policy. City Manager Mercier explained that it is appropriate to have an operating policy and procedures to address the use of the City's vehicles; and that all items raised at the previous study session have been incorporated into the final draft of the policy. Mayor DeVleming invited public Council Minutes 12 -23 -03 Page 2 of 5 Date Approved by Council: 01 -13-04 comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 5. Motion Consideration: To Amend Hotel/Motel Contract Concerning Cost Reimbursement. Finance Director Thompson explained that the agreement states that funds arc to be distributed on a reimbursement basis from the date the agreement is signed to the now modified date of March 31, 2004. However, because the agreement was signed so late in the year, staff proposes that expenditures should quality for reimbursement as of the date of Council approval, or September 9, 2003. It was moved by Mayor Devleming and seconded by Councilmember Flanigan to approve the amendment to the contract concerning cost reimbursements, to make expenditures from September 9, 2003 to March 31, 2004. Mayor DeVieming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Approval of Probation Services Interlocal Agreement. It was moved by .Mayor DeVieming and seconded by Councilmember F Lanigan to approve the interlocal agreement. Deputy City Attorney Driskell explained that after discussing this issue with several other local jurisdictions, it appears contracting with Spokane County at this point is the best option, and that staff will continue to research other options for probation after 2004. Mayor DeVieming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Manor Appointment to Spokane County Air Pollution Control Authority. Mayor DeVieming explained that after discussing this issue with council, Councilmember Schimmels has indicated his willingness to be appointed; and that all small cities will advance a name and then e-mail vote among the Mayors to determine who to advance to the county for appointment. Deputy Mayor Wilhite said she would be willing to be an alternate if needed. It was moved by Mayor DeVieming and seconded by Councilmen:bet. Denenny to advance Councilmember Schimmels to the list of candidates for this appointment. PUBLIC COMMENT: Mayor DeVieming invited public comment; none was offered. 8. Fire District Annexation Issues. Deputy City Manager Regor went over her December 23 memo and the accompanying PowerPoint presentation on the major options for fire services, and added that First District 1 and 8 preferred we annex into both districts. Ms. Regor also mentioned that the Spokane Fire District 1 Board of Commissioners of Spokane Valley Fire Department approved the transfer of the four Spokane County parcels from Fire District #9 to be merged into District 1. Ms. Regor discussed the significant ongoing and financial service impacts to the options as shown on the accompanying chart, including discussion of the maximum levy rates which would be set. Ms. Regor finished by discussing election information and options, and Council concurred that they have no objections to an April 27` election date. 9. Council Retreat Planning. City Manager Mercier explained that many cities and private corporations rely upon a retreat as a time to plan for and address coming issues. After brief discussion, it was determined that February 7, 2004 would be the retreat date with possible times of 9:00 a.m. to 4:00 p.ni. Possible topics for retreat discussion included five -year financial forecast, 2005 goals, review of department workplans, governance coordination manual process and rules, comprehensive plan, sewers, and review of contracting. it was mentioned if more complex items are desired, council could always plan for additional retreat days. Council Minutes 12 -23 -03 Page 3 of 5 Date Approved by Council: 01 -13 -04 10. Draft MOU re STEP A2reement. Public Works Director Kersten explained that Council approved $1,010,000 for the STEP program, and this Memorandum of Understanding outlines the responsibilities and requirements between the City of Spokane Valley and Spokane County for the 2004 Sewer Construction Program. Councilmember Munson requested that staff continue the effort not to cut off traffic from major east/west or north/south corridors for significant lengths of time. The MOU will be placed on the next council agenda for council consideration. 11. Proposed Street Vacation Ordinance Discussion. Deputy City Attorney Driskell explained his December 18, 2003 memo addressing the questions of whether to require payment for the value of the property, and what amount to set for an administrative fee. Attorney Driskell said Spokane County's vacation fee is $300.00. Attorney Driskell said one of the previous questions addressed was whether to charge anything for the value of the property; that there is nothing mandating we charge for the value of the property, but staff suggests if that is an option Council chooses, we might want to charge a fee which would reflect a reasonable amount of cost recovery. Councilmember Munson asked in reference to paragraph 2B, if staff is aware and has examined that case law, and also that the Assessor's Office states that the actual valuation of the land is not relevant, only the total value of land and improvements are relevant. Discussion continued regarding land value versus property value; option 1 administrative fee, special exceptions where the right -of -way has been acquired at public expense, large vacations, and simple vacations. Council agreed to have staff move forward on establishing an appropriate administrative fee with Council or the planning commission retaining the option of approval. City Manager Mercier said staff will come back to council with a recommended administrative fee that staff feels would reflect recovery of costs. 12. Library Report. Deputy City Manager Regor explained her December 23, 2003 memo and accompanying draft agreement. Ms. Regor said that the Library Board met December 16, 2003, and offered some alternatives to their original version approved December 3, 2003. Two variations were approved December 16. One option is based on a taxable valuation formula whereby the property tax valuation would be multiplied by the library district rate of .50¢, minus 5% uncollectible amount and that resulting amount would be the amount the City of Spokane Valley would pay in 2004 for library services. Ms. Regor stated that the property tax valuation continues to fluctuation, and the 5% uncollectible amount is an estimate and the actual amount will not be known until the end of the year. Under this option, Capital Facilities Planning would be included to be paid for by the District.. The second option the Board approved was a payment based upon Valley usage. Costs were allocated to the Valley based upon the Valley use of each library branch. Councilmember Munson said he would like to see if our share of use is proportional to our share of the budget. Councilmember Taylor said he would Iikc the contract based on cost and not on amount of revenue collected. Ms. Regor said she will confirm if the library card can be used district -wide or only in one district. City Manager Mercier added that staff will be looking at what other professional service contracts are part of the 2004 budget so that we can balance whether we are paying the full cost of the professional service contract: for capital facilities charge but participating on a percentage basis on all of the other professional services contracts. It was determined staff will focus on option #2 and no longer attempt negotiations with option #1. 13. Legislative issues Discussion. City Manager Mercier mentioned that he and Jim Justin, Association of Washington Cities lead lobbyist, discussed the council question regarding community empowerment zones, and Mr. Justin verified that as a matter of statute, only six zones are currently allowed creation in the State of Washington, and all of those zones need be established by January I, 2004; if we want another zone related it would require legislative activity; that Mr. Justin was not certain of the process required if we were simply looking to enlarge a zone in our area; that CTED, the governing arm of that particular program, will be discussing Council Minutes 12 -23 -03 Paee 4 of 5 Date Approved by Council: 01 -13-04 with Mr. Justin the process to follow for enlargement; and whether it can be an administrative agency decision or needs legislative attention. Mr. Justin informed Mr. Mercier that there are several exemptions within the fabric of the statutes that created the zone, which expire June 2004, and therefore in the short session, the legislature will need to visit this topic area to determine whether or not there will be an extension of the exemption that would otherwise expire; that would provide a legislative vehicle to consider enlargement of the zone or the creation of an additional zone, depending upon which avenue is required under the statute. Mr. Mercier added that legislative issues discussion is scheduled for Council agenda January 13, and the January 20, 2004 agenda includes a motion consideration to adopt the City Council Legislative agenda. Councilmember Munson suggested writing a letter to the legislators with a fist and notes and to have this in their possession before they leave for the session. Councilmember Munson suggested he and Councilmembers Taylor and Wilhite get together to draft the letter. Regarding tax equalization, City Manager Mercier said that AWC e- mailed the updated figures prepared by the Department of Revenue, to demonstrate which communities would gain or lose revenue, and there was no change for Spokane Valley with an estimated $106,000 increase per year under this proposal; however, estimates and the affects continue to change leaving great uncertainty in the numbers proposed. Because not all figures are known, Council agreed to oppose this legislation. Regarding water rights, Councilmember Taylor mentioned he feels this should not be included on the agenda this year as it is a long tens problem. Councilmember Schimmels agreed this is not a problem this year for our area. Council agreed however, to support the Public Facilities District issue. Regarding tax increment financing, Deputy Mayor Wilhite said she is gathering data and will have some information soon to share with Council. Mayor DeVleming said in reference to tort reform, he would like to monitor the issue until further information becomes available. Deputy Mayor Wilhite said that Senator McCaslin introduced a bill last session which will be re- introduced and more information will be gathered for the next council discussion. [Note: Councilmember Denenny momentarily left the room.] It was also mentioned that in the letter to be drafted by Councilmembers Munson, Taylor and Deputy Mayor Wilhite, the letter will also address the support for the PFD expansion. [Councilmember Denenny returned.] Brief discussion ensued regarding holding a council meeting January 6, 2004. Councilmember Flanigan indicated he would not like to have a meeting as he intends to attend the County's public hearing that date on tourism promotion area. It was moved by Councilmember Taylor and seconded by Councilmember Denenny to have a council meeting January 6, 2004. Discussion turned to issues which might be addressed at a January 6 meeting in addition to the tourism promotion area issue, Vote by Acclamation In Favor: Councihnembers Taylor and Denenny; Opposed: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Flanigan, Munson, and Schimmels. Motion defeated. As there was no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The meting adjourned at 8:25 p.m. Christine Bainbridge, City Clerk Council Miaow 12 -23 -03 Date Approved by Council; 01 -13 -04 Michael DeVlema g, M -yor Page 5 of 5 NAME . PRESENT/ABSENT •COMMENTS Mayor Michael DeVleming-Position No. 3 ,-- • ' . . Deputy Mayor Diana Wilhite-Position No. 1 Councilinember Dick Denenny-Position No. 7 . t---- . . . • . . . Councilmember Mike Flanigan-Position No. 6 c----- • • Councilmeinber Rich Munson-Position No. 5 @ . Councilmember Gary Schimmels-Position No. 4 1 . . - . • _ • . Councilmember Steve . Taylor-Position No. 2 „,.-"*"-------- . CJTY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL -03 Loving God, we thank you for the joy and the privilege of being here tonight, for the health that makes it possible, for the faith entrusted to us by those who put us here. We ask, God, that you will give us guidance in our task, and confidence that you use the imperfect gifts we offer in a perfect way. Thank you for a special season of the year —a time in which we remember that mighty things often have small beginnings. As you told us through your prophet, "Unto us a child is born, unto us a son is given, and the government will be on his shoulders." Thank you, God, that we don't have to carry the City of Spokane Valley on our shoulders alone! To you be thanks and praise. Amen. Patrick W. Mecham Associate Pastor Opportunity Presbyterian Church iz/z3/v3 Indirect Direct Cost per 2003 Cost Per Cost per Hour at Admin M &O Position # Budget Person Hour 6.27% per Hour per Hour Total Cost Per Hour Per Employee Type Probation Officer 5 251,988 50,397.60 25.84 1.62 3.55 1.00 : 32.02 Support Staff 6 190,433 31,738.83 16.28 1.02 3.55 1.00 21.85 11 Hours worked per Position 1,950 Total Hours Workod 21,450 Administration M &O 76,200 21,549 540,170 Spokane County Probation Office Hourly Rates Based on 2003 Budget 3.55 (Cost per hour, based upon cost of $76,200, divided by 11 staff or 21,450 hours) 1.00 (Cost per hour of m&o, based upon total cost of 521,549 divided by 11 staff (g 1950 hours each) 4.56 Total per hour charge for administration and maintenance /operation expenses ATTACHMENT "A" L.. ,il23 CITY OF SPOKANE VALLEY 2005 FIRE SERVICES Status to Date (2004 Services) ❑ City and the three FD Boards have approved extension of services through 2004 ❑ FD1 and FD9 have agreed that the four FD9 properties within Spokane Valley city limits should annex to FD 1 ❑ FD1 and FD8 prefer that the City annex into both Districts December 23, 2003 2 2005 Fire Service Options ❑ Option 1: Annex into one or more district(s) ❑ Option 2: Contract with district(s) or other provider ❑ Option 3: Form municipal fire department December 23, 2003 3 OPTION #la —ANNEX TO FD] AND FD8 ❑ Service levels and tax rates constant for citizens within each district but vary citywide ❑ Subject to potential Boundary Review Board review ❑ Election required ❑ No startup costs ❑ No transfer of assets December 23, 2003 4 OPTION #lb -ANNEX TO ONE DISTRICT ❑ Service levels and levy rates change for citizens switching districts but are consistent citywide ❑ Subject to potential Boundary Review Board review ❑ Election required ❑ No startup costs ❑ Assets transfer between fire districts December 23, 2003 5 ■ OPTION #2 - CONTRACT FOR FIRE PROTECTION SERVICES ❑ Service level established by contract ❑ No election or startup costs ❑ Asset transfer issues to address December 23, 2003 6 OPTION #3 — CREATE A MUNICIPAL FIRE DEPARTMENT ❑ City can establish, monitor, and adjust service levels ❑ City would acquire assets from FD1 and FD8 ❑ Startup costs would include operating and training facilities acquisition or construction, uniforms, equipment, and liability coverage December 23, 2003 7 Financial Impact of Options 2 & 3 Est Tax Value Within City Limits Operating Estimated Tax Tax Rate Revenues Estimated Tax Reven ues (Si. _S0 Rate) Difference $6,375,000 (6,371,175) $225,000 (37,635) FD #1 4,250,000,000 2.9991 $12,746,175 FD #8 150,000,000 1.7509 $262,635 Total 4,400,000,000 $13,008,810 $6,600,000 (6,408,810) December 23, 2003 8 ELECTION INFORMATION o Permanent annexation into one or more fire districts requires an election o Two measures are required for each annexation with the residents of the city voting to approve the annexation and the residents of the fire district outside of the city limits voting to approve the annexation. A simple majority is required in each case o The City must initiate the annexation by adopting an ordinance and the fire district must concur ❑ Annexation is subject to a potential review by the Boundary Review Board ❑ The county legislative authority shall, by resolution, call a special election to be held not less than 45 days from the date of the declaration of the finding o The estimated cost for election is $80,000 - $109,000. The cost would be divided according to the number of registered voters in each participating entity o Other ballot proposition(s) on the same election would reduce the cost per entity December 23, 2003 9 ELECTION DATE FILING DEADLINE February 3 December 19 March 2 January 16 April 27 March 12 May 18 April 2 September 14 July 30 November 2 September 17 December 23, 2003 2004 ELECTIONS 10 TIMELINE IF BRB DOES NOT RENDER OPINION 45 Days - BRB Consideration January 15 i March 1 March 12 (Council /Board Ordinances) (Filing deadline) 45 Days — Election Process i April 27 (Election date) December 23, 2003 11 Nina Regor, Deputy City Manager December 23, 2003 City of Spokane Valley 2004 Library Agreement 1 TIMELINE IF BRB DOES RENDER OPINION 45 Days — BRB 120 Days — BRB Review January 15 March 1 (Council /Board Ordinances) i 45 Days — Election Process i July 1 July 30 (Filing deadline) 1 Sept. 14 (Election date) December 23, 2003 12 Current estimated A.V. $ 4,400,000,000 Multiplied by $.50 / $1,000 2,200,000 5 % uncollectible (108,750) Total $ 2,090,000 OPTION #1 Payment Based Upon Formula ❑ The assessed valuation is still fluctuating ❑ The actual uncollectible amount will be unknown until the end of the year. ❑ Capital facilities planning is included under this option. Branch use $1,902,171 Two -year adjustment (6.86 %) 130,489 Spokane Public Library fee 67,200 Total $2,099,860 OPTION #2 — Payment Based Upon Usage Level o Branch use is determined by applying the District's cost allocation model to 2002 actual costs. o The two -year adjustment is determined by applying the percentage increase from the 2002 general fund budget to the 2004 general fund budget. o The SPL library fee is the product of multiplying the estimated 1,600 Spokane Valley residents registered with the SPL by the $42 non - resident fee. o Spokane Valley would reimburse the SPLD up to $10,000 for capital facilities planning. Potential Factors Mitigating Costs ❑ Reduced operating hours at the Otis Orchards branch. ❑ Capital Outlay (287,000). ❑ Other factors. Percentage of SCLD registrants residing in the City of Spokane Valley 38.630/0 Percentage of SCLD population served residing in the City of Spokane Valley 36.200/0 Average Annual Increase (2000 -04) 1.93% Option #2 By the Numbers