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2013, 11-12 Regular Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,November 12,2013 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Erik Lamb, Deputy City Attorney Dean Graf©s, Councilmember Mark Calhoun, Finance Director Chuck Hafner, Councilmember John Holtman,Community Dew Director Rod Higgins, Councilmember Mike Stone, Parks&Rec Director Ben Wick,Councilmember Steve Worley, Senior Engineer Lori Barlow, Senior Planner ABSENT: Marty Palaniuk,Planner Arne Woodard,Councilmember John Whitehead, Human Resources Manager Tim Murphy, Legal Intern Rick VanLeuven, Police Chief Chris Bainbridge, City Clerk INVOCATION: In the absence of a pastor,two minutes of silence were observed. PLEDGE OF ALLEGIANCE: In honor of Veterans' Day, U.S. Marine Corporal Kyle Smith led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Cou ncilmenibers were present except Councilmember Woodard. It was moved by Councilmember Grcrfos, seconded and unanimously agreed to excuse Councilmember J'Voodard fr orm tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD, LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the 9-1-1 Board meeting; the SCOPE budget committee meeting; went to the Central Valley School District Report Card Day; attended the City's Finance Committee meeting, and went to a retirement party for one of the outgoing STA (Spokane Transit Authority)Board Members. Councilmember Higgins: said he attended the County's Growth Management Committee meeting, and yesterday went to the Veterans' Day celebration at Felts Field. Deputy Mayor Schimmels: reported that he also attended the retirement for the STA Board Member; attended last week's STA committee meeting; and went to the annual Wastewater Board Meeting where they went through the financial operation. Councilmember Grafos: said he also attended the Growth Management Meeting; and the City's Finance Committee meeting. Councilmember Wick: said lie attended the SNAP Board of Directors retreat where they discussed their five-year strategic plan and said he went on a bus tour to see the facilities, mentioning that he was able to tour the Valley Community Center; said he was invited by the Spokane Engineers Forum group to give a Council Regular Meeting 11-12-2013 Page 1 of 5 Approved by Council: 11-26-2013 presentation, which he did and he extended thanks to City Manager Jackson and his staff; he said the presentation was an overview of what we've done and the direction we are headed. Councilmember Wick mentioned he has been keeping up-to-date with the State's transportation proposal and said the redirection of sales tax from the general fund to the transportation budget was just the state's portion and not the entire sales tax redirection. MAYOR'S REPORT: Mayor Towey reported that he attended several of the meetings attended by other members of Council; he went to the annual Wastewater Board meeting where they discussed sewer rates for 2014; said the Health Department went over policy items that the staff will be working on in coming years; met with other local mayors and Commissioner O'Quinn; went to the City's Finance Committee meeting where the budget and financial direction were discussed; attended the Clean Air meeting where they discussed minor changes in Avista's regulations; went to the well attended south side senior center meeting honoring the region veterans where they had a guest speaker who was a survivor of the Pearl Harbor attack; he also went to the Felts Field "Welcome Home Veterans" ceremony, where the keynote speaker was a nurse who served in Vietnam, and who spoke of the transition from military to civilian life. PUBLIC COMMENTS: Mayor Towey invited public comments.No comments were offered. 1. 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. Approval of the following claim vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 10/17/2013 30538-30561 $ 94,110.57 10/18/2013 1;4542-4543; 4545-4546 $ 68,205.95 10/21/2013 30562-30596; 12054695; 1015130392 $ 74,996.62 10/22/2013 30597-30599 $ 5,087.50 10/24/2013 5683-5687 $ 714.00 10/24/2013 30600-30627 $ 70,520.29 11/01/2013 30628-30685 $265,220.60 11/04/2013 30686-30722 $141,527.58 11/05/2013 30723-30724 $ 56,998.00 GRAND TOTAL $777,381.11 b. Approval of Payroll for Pay Period Ending October 31,2013: $424,205.16 e. Approval of October 22,2013, Council Formal Format Meeting Minutes d. Approval of October 29,2013 Council Study Session Format Meeting Minutes Councilmember Wick asked that item le be removed for separate discussion. It was then moved by Deputy Mayor Schimmels, .seconded and unanimously agreed to approve the consent agenda less item lc. Councilmember Wick then moved to approve the October 22"`t minutes, correcting the bottom of page three concerning the Library and Balfour Park, which should read " .32 acres," instead of 3.2 acres. The motion was seconded and the vote by acclamation was unanimous to approve the minutes as corrected. NEW BUSINESS: 2. First Reading Ordinance 13-017 Street Vacation,Alki Ave.—Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 13-017 to a second reading. Planner Palaniuk gave a brief explanation of the proposed street vacation; said the vacated cul-de-sac will be replaced through a dedicated emergency access turn-around. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed.'None. Motion carried. Council Regular Meeting 1I-12-2013 Page 2 of 5 Approved by Council: I 1-26-2013 3. First Reading Ordinance 13-018 Unlawful Public Exposure—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schim els and seconded to advance Ordinance 13-018 adopting Spokane Valley Municipal Code chapter 8.55 relating to tmlaivfiul public exposure to a second reading. After briefly explaining the history of the ordinance, Deputy City Attorney Lamb said the ordinance remains substantially unchanged since the administrative report; adding that any penalty would be determined by the prosecuting attorney and set by a judge. Mayor Towey invited public comments. Shane Criddle and Sheryl Demars both expressed gratitude to Council and staff for their work in drafting this ordinance.There were no further public comments. City Clerk Bainbridge read e-mailed comments from Councilmeniber Woodard expressing his support of the ordinance and thanking the City's legal staff for their work. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 4. Resolution 13-010 Establishing Library Capital Facility Area—Erik Lamb It was moved by Deputy Mayor Schirimtels and seconded to adopt Resolution 13-010 authorizing Spokane County to include Spokane Valley in the Spokane County Library District capital facility area. Deputy City Attorney Lamb explained that in order for the Library District to put the matter of creating a library capital facilities area and imposing an excess property tax levy on an upcoming ballot, the legislative body of each affected jurisdiction is required to pass a resolution authorizing creation of the capital facility area that includes their city or county; and said if approved, this Resolution would authorize Spokane County to include Spokane Valley in the Spokane County Library District capital facility area. Mr. Lamb added that the Library requested we adopt the resolution, and that this resolution would not constitute a statement for or against the proposed ballot measure, but would only authorize Spokane County to include Spokane Valley in the capital facility area. Mayor Towey invited public comments; no comments were offered. City Clerk Bainbridge read e-mailed comments from Councilmember Woodard expressing his support of the resolution. Vote by Acclamation: In Favor: Unanimous. Opposed.' None. Motion carried. 5. Resolution 13-011 Approving Interlocal,AWC Trust—John Whitehead It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 13-011 adopting the attached Interlocal agreement between the City of Spokane Valley and the AWC Benefit Trust and authorizing the City Manager to finalize and execute the same. Human Resources Manager Whitehead explained that in order to conduct business as a self-insured program, AWC (Association of Washington Cities), in compliance with state statutes and rules, requires that each member must approve by resolution, an interlocal agreement authorizing them to participate in the self-insured program. Mr. Whitehead added that with the adoption of the resolution and interlocal, benefit premiums for the City's healthcare plans will not increase in 2014. Mayor Towey invited public comment; no comments were offered. City Clerk Bainbridge read e-mailed comments from Councilmember Woodard expressing his support of the Resolution and accompanying interlocal agreement. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. Motion Consideration: Approval of Comprehensive Plan Docket—Lori Barlow It was moved by Deputy Mayor Sch morels and seconded to approve the 2014 Comprehensive Plan Amendment Docket. Senior Planner Barlow explained the 2014 proposed plan amendments as noted in her Request for Council Action form; including that two private, site-specific amendments were submitted prior to the November 1 deadline. During Council questions, it was noted that tonight is just to approve the docket, and that the process ahead will include discussion of the details of the proposals, the merits of the proposal and outcomes of the project. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. Council Regular Meeting 11-12-2013 Page 3 of 5 Approved by Council: 11-26-2013 PUBLIC COMMENTS Mayor Towey invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: 7. Towing Regulations—Erik Lamb Deputy City Attorney Lamb introduced Legal Intern Tim Murphy, who explained that the Spokane Valley Police Department has reported incidents were private owners have discovered that they have stolen vehicles abandoned on their lots; and currently if those private owners call for a private impound of vehicles, there is no requirement for the tower to first call the Police Department to determine whether the vehicle is stolen; and as a result, victims of auto theft are further financially victimized by the tower charging impound and storage fees, and said it could have been avoided had the Police Department been notified of the stolen vehicle. Mr. Murphy said staff recommends adding language in our Code that requires private tow operators to first check with the Police before performing an impound. Mr. Murphy noted that staff also recommends amending the penalty provision from being handled by our Code Compliance Department, to a Class 1 civil infraction handled by the Police Department. There were no objections from Council for staff to proceed. 8. SRTC Horizon 2040 Plan--Steve Worley Senior Engineer Worley explained the history of the SRTC (Spokane Regional Transportation Council) Horizon 2040 Plan, as noted on his November 12, 2013,Request for Council Action form; said comments are due to SRTC by next Monday, and tonight is an opportunity for Council to review the comments and provide feedback. Mr. Worley also distributed copies and explained various pie charts showing the percentage of the $10.86 total billion expenditures, the percentage of programs expenditures, and a more detailed chart showing the percentage of the $10.86 billion expenditures. Mr. Worley said that of these funds, SRTC only manages about 3% of that total, and said he hopes the charts will help give some perspective to the figures. As part of Council's discussion, it was determined that the Sullivan project should come in priority before the Bigelow Project. Concerning the comments as shown on Mr. Worley's Request for Council Action form, Council agreed that focus should be on comment #1 and #2 and not include#3. Mr. Worley said he will draft a letter to send to SRTC conveying that information. 9. Fee Resolution for 2014—Mark Calhoun Finance Director Calhoun briefed Council on the proposed changes to the Fee Resolution. In response to a question about the change in special events permit fee from $5 to $40, Parks and Recreation Director Stone said that in checking with other entities such as the Washington State Parks, and the City of Spokane, the lowest amount is $40.00, and said Spokane County charges $200; he said this originally came about when the issue of block parties was brought up several years ago; and said that in the last two years,we have only processed one of those events;he said the event must be coordinated with traffic, risk management, and the police department as well as checking back with the entity asking for the permit, to make sure all paperwork and insurance is complete. Mr. Calhoun added that in checking with other entities' fees, virtually every time we are the least expensive fee. Councilmember Grafos asked about changing it to $35 instead of $40, Mayor Towey replied that $40 was reached because of our administrative cost, and said he doesn't want to lose that, especially as long as we are compatible. There were no other comments from Council on the proposed fee changes. 10. Advance Agenda—Mayor Towey There were no suggested changes to the Advance Agenda. INFORMATION ONLY (will not he reported or discussed): The (11) Parks and Recreation Master Plan, (12) Operations & Administrative Services Quarterly Report, and(13) GSI(Greater Spokane, Inc) Quarterly Report were for information only and were not reported or discussed. Council Regular Meeting 11-12-2013 Page 4 of 5 Approved by Council: 11-26-2013 CITY MANAGER COMMENTS City Manager Jackson said that the Finance Committee met last week, and as Council likely recalls, it was decided to use the Finance Committee to look at the legislative agenda, which agenda he said will be discussed with full Council next week. He said the Finance Committee selected the Appleway Trail, University to Evergreen, to begin making that familiar to the legislature in 2014, and said that it could be eligible for funding in 2015; he said we received $042,000 from SRTC (Spokane Regional Transportation Council) for that project so we have some matching funds. Mr. Jackson said that after Council reviews the legislative agenda, it will be brought back again for formal adoption consideration. It was moved by Deputy Mayor Schiinme/s, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:20 p.m. A Thomas E. Ts vey, Mayor 0 / a -t4A-4 1 hristine Bainbridge, City Clerk i Council Regular Meeting 11-12-2013 Page 5 of 5 Approved by Council: 11-26-2013 Chris or Mayor Towey, 11/11/13 At minimum,would you enter the following into the record; or at the appropriate times, have it read into the record. Ordinance 13-018 Unlawful Public Exposure Were I there to vote, I would vote `Yea'. This ordinance reflects the minimum values of our citizens and community. It will re-enforce and encourage businesses to value their human resources,female or male, so as not to make them an"object of profit". The additional benefits will be to protect the health, safety and dignity of these employees. Thank You to our legal staff for the work they did. Resolution 13-010 Establishing Library Capital Facility Area I would hope that this resolution would pass! The expansion of Balfour Park and the new Library will help to anchor and rejuvenate that area of Sprague Ave. It is a great project and the only large open/green space along Sprague. I would encourage us to support the establishment of this Capital Facility Area. - Resolution 13-011 Approving Interlocal Agreement, AWC Trust In these changing times we are going to see and experience out of the box' thinking, and it will challenge us as well. This is probably one of those. I believe it is a good agreement that helps us to continue to provide good benefit at as affordable of cost that is possible for our city employees/staff. As thing are changing, this is a first start. Thank You, Councilmember Arne Woodard. • • of $10.86 Billion Expenditures Programs 11% +f \ Operations& Regionally Significant \ Maintenance Projects 45% 21% ti Preservation 23% of 'Programs' Expenditures HPT / .._,... . TSMO 6% / 18% ./ r'40vt„Ikat Nonmotorized \ 23% f _/Planning Transit - 25% E 0011,41PORO TDM . Safety/security 1% 7% 1/I R --old, 74i d � Road Safety/Security % of $10.86 Billion Capital 1% Transit TSMO Expenditures Nonmotorized 2% TDM 3% 2% 2% 0% Pla ing HPT 0� ' ■ 1 f ,. operations& IRegionally Significant '., Maintenance 1 Projects J A 45% i 21.% �-- Il / 0 % Preservation N. 23/0