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2008, 09-09 Regular Meeting MinutesDeputy Mayor Denenny called the meeting to order at 6:03 p.m., and welcomed everyone to the 144th meeting. Attendance: Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Rich Munson, Mayor Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, September 9, 2008 City Staff: Dave Mercier, City Manager Mike Connelly, City Attorney Mike Jackson, Deputy City Manager Ken Thompson, Finance Director Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Mike Stone, Parks & Recreation Director Rick VanLeuven, Police Chief Scott Kuhta, Senior Planner John Whitehead, Human Resources Manager Carolbelle Branch, Public Information Officer Lisa Combs, Accounting Technician Carrie Acosta, Deputy City Clerk INVOCATION: Pastor Barry Foster of Valleypoint at Pines Church gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Dempsey led the Pledge of Allegiance. ROLL CALL: Deputy City Clerk Acosta called roll; all Councilmembers were present except Mayor Munson and Councilmember Taylor. It was moved by Councilmember Dempsey, seconded and unanimously agreed to excuse Mayor Munson and Councilmember Taylor from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Wilhite, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Wilhite said she attended the Spokane Regional Transportation Council audit findings and said the findings were favorable. Councilmember Gothmann said he attended the Affordable Housing conference and said they are looking at the statistics for who needs to be served by affordable housing and what kind of affordable housing is available. He said he also attended the Ministerial Association meeting and the Council on County Governments meeting; he extended his appreciation to the County Commissioners for hosting the meeting and said he learned a lot from it. Councilmember Dempsey said she attended the Spokane Regional Clean Air Agency meeting and said their concerns included getting permits and work done on their new building as well as some "housekeeping" matters such as writing checks and the number of checks to be written. She said she also attended the Regional Council of Governments meeting and the opening of the fair. Councilmember Schimmels said he attended the fair opening and Regional Council of Governments meeting and he said he felt the time was well spent. Council Regular Meeting: 09 -09 -08 Page 1 of 8 Approved by Council: 10 -14 -08 Deputy Mayor Denenny said he also attended the Council of Governments meeting and filled in for Mayor Munson at a meeting of Mayors at Fairchild Air Force Base. He said he was impressed and gratified by the quality of speakers. MAYOR'S REPORT: N/A PUBLIC COMMENTS: Deputy Mayor Denenny invited general public comment. No comments were offered. 1. PUBLIC HEARING: Proposed 2009 Budget — Ken Thompson Deputy Mayor Denenny opened the hearing at 6:11 p.m. Finance Director Thompson explained this is the second of three public hearings to discuss the 2009 budget and highlighted some of the issues. He said they are very close to the 2008 budget in dollars: 2009 will have $111,000,000.00 and of that will carry over $18 million into the new year. He said he expects expenditures to be around $46 million, which is where we were in 2007 and will likely be in 2008. He said the economy is slowing, sales tax dollars are down about $300,000 or a little more. Mr. Thompson said property taxes are up $630,000 which is a 6% increase and he expects the rate per thousand of assessed value to be approximately $1.53. Gambling tax will be down. He said for expenses, we have a loan to the street fund until the telephone utility tax flows in; a loan to replenish the Winter Weather Reserve of $500,000; and $400,000 to get started on the records management program. He explained the number of capital projects are increasing, that costs are up and the number of engineers on the projects have increased while real estate excise taxes are slowing with the economy. Councilmember Dempsey asked if there will be a 6% increase in property tax and asked for clarification. Mr. Thompson said they are asking for a 6% tax increase in the property tax levy that is based on the assessed value of property. He said it is needed because sales and gambling taxes are decreasing, and confirmed that it is an increase that the City is paid, but not an increase that necessarily gets added to the property tax. Councilmember Gothmann asked for clarification about the funding relative to the sheriff; he said he looked it up and found there to be a 9.1% increase in 2007 and between 2007 and 2008 there was a 13% increase. Mr. Thompson confirmed the numbers sound correct. Deputy Mayor Denenny asked for public comment; hearing none, he closed the public hearing at 6:16 pm. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Approval of Claim Vouchers 15260 —15344 totaling $1,119,482.53 b. Payroll for pay period ending August 31, 2008: $325,830.45 c. Watershed Resources Inventory Area (WRIA) Memorandum of Authority d. Lodging Tax Advisory Committee Request for Release of Funds e. Approval of Council Meeting Minutes of August 26, 2008 It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 3. First Reading Proposed Ordinance Amending Ordinance 08 -016 STV 01 -08 — Mike Connelly After Deputy City Clerk Acosta read the ordinance title, it was moved by Councilmember Wilhite and seconded to suspend the rules and adopt Ordinance 08 -018 amending Ordinance 08 -016. City Attorney Connelly stated the amendment is needed for the recently passed Ordinance 08 -016 due to an omission in item number 10 on page 3 of 4 that was contained within the staff report but wasn't transferred over to the ordinance. He said they also changed the citations in the ordinance to the current code provisions. Deputy Mayor Denenny invited public comment: none given. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. Council Regular Meeting: 09 -09 -08 Page 2 of 8 Approved by Council: 10 -14 -08 4. First Reading Proposed Ordinance 08 -019 Tax Confirmation — Ken Thompson After Deputy City Clerk Acosta read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance Ordinance 08 -019 to a second reading at the September 23, 2008 Council meeting. Finance Director Thompson explained that the City is required to pass a separate ordinance each year that identifies any increase in property tax. This proposal is to increase the property tax 6.39 %, $631,060 that helps to offset the loss in sales tax and gambling tax. Deputy Mayor Denenny invited public comments; none given. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. 5. First Reading Proposed Ordinance 08 -020 Property Tax — Ken Thompson After Deputy City Clerk Acosta read the ordinance title, it was moved by Councilmember Wilhite and seconded to advance Ordinance 08 -020 to a second reading at the September 23, 2008 council meeting. Finance Director Thompson explained the City is required to have an ordinance that levies the property tax for the 2009 budget. The total tax will by $10.5 million and that is 22% of the revenues in our general fund. Councilmember Dempsey asked for clarification between this ordinance and the one previous. Mr. Thompson explained state law requires that any increase in property tax is a separate ordinance He said he believes this is to clearly show that property taxes are going up. He said the 6.39 % increase is an increase on the tax the City will collect that comes through new construction, any increase the state assigns to the value in utilities. He clarified that individual property owners may pay more or less depending on what happens with the value of their homes. Deputy Mayor Denenny invited public comment: Dick Behm, 3626 S Ridgeview commented that his property taxes are made up of several taxing districts including the fire department, school district, county and the City, and property taxes are not going up the 6.39% just because the amount the City collects as their portion increases. He asked what the overall property tax increase will be. Finance Director Thompson said he can not answer that question because there are a number of different taxing districts. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. 6. Motion Consideration: Adoption of Legislative Agenda — Dave Mercier It was moved by Councilmember Schimmels and seconded to adopt an initial legislative agenda. City Manager Mercier informed council of the seven items they are looking at for the initial legislative agenda as discussed at previous council meetings and told them these items can change as new bills get introduced over the next year. Council has had discussion on seven principle items of interest that consist of 1.) Securing state funding for statewide communications interoperability infrastructure: He said that locally the citizens have approved a sales tax increase that includes 1 /10 of 1% for communication equipment; however, the revenue is insufficient to fund all five items within that initiative and explained that interoperability is a statewide concern. He said their recommendation is to try to stimulate legislative interest to share in a statewide solution to that problem. He said according to the Association of Washington Cities there is a $400 million problem to be resolved. 2.) Increased state funding for the 911 system: Mr. Mercier said the rates applied to telephone and other bills that generate revenue for the 911 systems are set by state legislature and have not been revised for a long time. He said many 911 centers are advising their constituents that they are not able to hold a budget below the current revenues and expressed a need for relief from the state. 3.) State financial support for the completion of Greenacres Park development and any site acquisitions that may be available: Mr. Mercier said last term we submitted a request for $500,000 in state capital budget support development of Greenacres Park. We have acquired the property and it costs an estimated $1,000,000 to develop it to a full service park. Last year we sought $500,000 and received $300,000. The community also applied for and was denied a state grant for another $500,000 for recreation support. We now have a $700,000 gap that we want to ask the capital budget committee for support. He said we are two years away from being able to apply to that Council Regular Meeting: 09 -09 -08 Page 3 of 8 Approved by Council: 10 -14 -08 other funding source and has asked staff to look at creating a plan to utilize the $300,000 we have to complete design and as much development as the funding will allow to show the legislature we are using the funds received for the purposes intended. 4.) State funding for City Center public improvements: Mr. Mercier said we want to solicit state interest and support for the City Center. He said the Community Trade and Economic Development department (CTED) has had some funding for similar projects elsewhere in the state and we want to ensure they are aware of our community project. 5) Reasonable legislation related to the "cap and trade" provisions of climate control regulations under consideration: Mr. Mercier reminded council that Mayor Munson has repeatedly reported on the climate control and change regulations now being discussed in Olympia as well as Washington D.C., using the term "cap and trade" in reference to efforts to reduce our carbon footprint and we'll want to be aware of the progression and options for a regulatory environment. 6) Street utility enabling legislation: Mr. Mercier explained that council has seen several presentations regarding Spokane City Councilman Al French's proposed street utility legislation and has previously shown support of the legislation. He said the proposal enables legislation that would allow local control and determination by city councils and local electorate to decide if it is a tool they want to use in their community to attend to street maintenance functions. 7) Access to enhanced state fuel purchasing power. Mr. Mercier said that an item of interest to him is to determine if there is a way to access enhanced state fuel purchasing power due to the large amount of fuel purchased by the state, county, and city to operate vehicles and whether there is a way to combine our purchasing power to drive down the cost of the fuel being purchased. Councilmember Gothmann said he is surprised a request for funding for the North /South freeway is not on the list because they have gone to the legislature in the past for this funding. Mr. Mercier stated it may be because there is not yet a specific proposal to ask for participation relief. He said he thinks Greater Spokane Inc. has a forum coming up on September 28 for municipal officials around the county to demonstrate key projects they want to seek funding for and he said he thinks that will likely be one of the top projects discussed. Mr. Mercier said after the presentation, council will be given the information and asked for their input as to which items they want to include on their legislative agenda. Councilmember Gothmann then asked if our legislative items should be prioritized. Mr. Mercier said at some time they may come up with a loose prioritization, but he recommends prioritizing based on support or opposition whether strong, medium or light. Deputy Mayor Denenny commented that legislative agenda items could lose priority after talking with our lobbyist. City Manager Mercier pointed out that we are about two months ahead of schedule right now. He said the Governor's budget will be submitted shortly and if there are capital projects we want included it is better to have the items marked in the Governor's budget before it closes rather than trying to insert a project afterward because then we have to work solely with the legislature. Councilmember Gothmann commented that for clarification to the public he thinks Mayor Munson's concern with climate control legislation is that we want to be aware of what goes through legislation so that Spokane Valley is not adversely affected. City Manager Mercier stated he believes that is correct and he explained there are a series of eligibility questions as well as where thresholds will be set that have captured attention. Deputy Mayor Denenny invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. City Manager Mercier for clarification asked if the motion from Council includes all seven items he discussed. Deputy Mayor Denenny said the consensus of council is to include all seven items on their initial legislative agenda. 7. Motion Consideration: Approval of Interlocal Agreement with Thurston County for Document Imaging — Cary Driskell It was moved by Councilmember Dempsey and seconded to authorize the City Manager or designee to execute the Interlocal Contract with Thurston County. Deputy Attorney Driskell stated one of the Council goals from the retreat was to complete a records indexing and document imaging system. As a means to accomplish this, one option is utilizing another jurisdiction's efforts and still complying with bid laws by "piggy- backing" on their contract rather than going through the RFP process. He identified one of the Council Regular Meeting: 09 -09 -08 Page 4 of 8 Approved by Council: 10 -14 -08 prerequisites as being an interlocal agreement with the host agency. Thurston County is one of the first to use this document imaging company and they have been host to several other jurisdictions piggy- backing on their contract. He said Thurston County has approval of the interlocal agreement scheduled on their agenda for September 15, 2008. Councilmember Gothmann asked about the cost as it relates to the start- up and backlog of documents that need to be imaged and future cost with day -to -day document imaging. City Manager Mercier said he thinks the annual cost to use the program is $18,000. Beyond that, the cost is based upon need and use. He said it is too early to know if we have a backlog of $400,000 or $1,000,000. Deputy Mayor Denenny said that he believes the expense is something we need to pay right now but it will be a great cost savings in the future. Mr. Mercier confirmed that statement and added that eventually we are moving toward a paperless system for the public as well as employees. Scanned documents are also readily available so it makes retrieval more efficient. Councilmember Wilhite said if the company goes out of business, her understanding is that Thurston County will have all of the source codes and asked if Spokane Valley would still have access to the system. Mr. Mercier said he is confident we will have access and that the State Archivist has said scanned image documents can substitute for the paper document for retention requirements. Deputy Mayor Denenny invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. PUBLIC COMMENTS: Deputy Mayor Denenny invited general public comment; no comments were offered. DELIBERATION: 8. Appeal Deliberation: APP 08 -08 and APP 03 -08 — Mike Connelly City Attorney Connelly provided legal opinions in determining statutes as requested by Council. He said there are two issues of interpretation before the Council in this appeal. The first issue is if Council intended the substantial change requirement to be an additional and separate requirement that would have to be supported by sufficient fact or did they intend to restate the state law requirement that exists for substantial change of circumstances when they passed Section 19.30.030(2) of the Municipal Code. The second issue of interpretation is whether the Council meant the establishment of the R -3 district on October 28 of 2007 or the establishment of the UR -3.5 district that was established in 1991 and extended by the City in 2003 when they used the words "since the establishment of the current zoning district." He said the primary purpose of interpreting an ordinance is identifying its legislative intent. The ordinance should be construed as a whole, each part given an effect, and each part should be harmonious. If the zoning ordinance is ambiguous, the court should give great weight to the contemporaneous construction of the ordinance by the officials charged with its enforcement. He said the officials in this case would be the Community Development Director. Mr. Connelly provided a brief summary of what occurred before and after Council adopted this code. In July 2007, Council was considering the recommendations of the Planning Commission which did not contain the change condition requirement. In August 2007, Councilmember Gothmann provided five factors gleaned from other jurisdictions which included the change condition requirement. At that time, Mr. Connelly said he provided advice and referred Council to pages 3 and 6 of the August 13, 2007 Council meeting minutes. He clarified that his previous comments in regard to substantial change circumstances were that it is already required by state law and Council does not have to include it. He also provided Council with the cases that were cited by the opponents to the appeal and previously provided cases that were relevant to Council's determination. Mr. Connelly said he has found no case that interpreted the substantial change circumstances requirement in the manner Mr. Dempsey interpreted them as being a separate and additional condition; however he has found no case that has examined these particular words. He said other ordinances had more expansive "either /or" language contained within them. Mr. Connelly informed Council they need to decide what the ordinance meant given those guidelines and if they reach a preliminary decision, he will draft findings consistent with their decision and present those findings to Council at the September 16, 2008 meeting. Councilmember Gothmann asked for time to read the documents presented by Mr. Connelly. Deputy Council Regular Meeting: 09 -09 -08 Page 5 of 8 Approved by Council: 10 -14 -08 Mayor Denenny asked Mr. Connelly what they were given by the Planning Commission. Mr. Connelly said the Planning Commission gave the Council 19.30.030 that contained four criteria: Wastewater, Contiguous, Within 1 /4 mile of transit routes, with 1 /4 mile of commercial center. He said council debated those four criteria and discussed possibly adding to them and Councilmember Gothmann provided the five criteria that included the substantial change. Mr. Connelly said Council then asked staff to come up with new criteria for Council to review based in part on Councilmember Gothmann's suggestions. On August 28, a memo was provided that incorporated new criteria that were substantially the same as what was adopted in the code. Deputy Mayor Denenny asked for clarification on the deadline. Mr. Connelly said the decision needs to be made within 60 days of the date of the initial hearing and he anticipates bringing findings back before Council next week but we can extend that timeline with the acquiescence of the applicant if Council needs additional time. Mr. Connelly then verified the timeline is 60 days from the date we receive the transcript from the Hearing Examiner and that if we go beyond next week we would need to get an extension. Councilmember Gothmann said he thinks the issue seems whether the Hearing Examiner made an unreasonable decision. He said he thinks the decision of the Hearing Examiner was reasonable because there was a zoning change, not just a designation change but also the dimensions changed. He said with regard to the changed conditions, he doesn't see where the City Attorney said that just obeying the Comp Plan satisfies the changed conditions. He said he thinks a reasonable person would assume that what is meant by the words "changed condition" is that something has changed. He said he would uphold the Hearing Examiner decision. Deputy Mayor Denenny said he thinks it is good the Council consists of many of the members who deliberated this topic originally. He said looking at Councilmember Gothmann's criteria from the minutes, his intent was that if there was a change in the environment or geographic area then that fulfilled the criteria, and that as they deliberated Council decided they wanted to have criteria that gave more defined guidelines for the Hearing Examiner and one of those was a change in conditions. He said he thinks the Hearing Examiner missed their legislative intent. Councilmember Dempsey said she thinks any change that was made would change from that date forward; therefore, she agrees with Councilmember Gothmann. Councilmember Schimmels said he would uphold the Hearing Examiner decision. Councilmember Wilhite said she thought when they were discussing this topic with the City Attorney, they were simply clarifying what they were adding and not making a substantial change. She said she agrees with Deputy Mayor Denenny that she did not think it was a substantial change. Deputy Mayor Denenny asked Mr. Connelly to clarify the next steps in this process. Mr. Connelly said he will draft findings based on the verbal direction given by Council and that Council should make a motion indicating their direction to staff. It was moved by Councilmember Gothmann, and seconded, to uphold the Hearing Examiner decision in this case. The motion was then amended by Councilmember Gothmann to accept the Hearing Examiner decision and ask Mr. Connelly to prepare preliminary findings. He then amended for clarification, and seconded, to preliminarily accept the decision of the Hearing Examiner and request the City Attorney to prepare findings to that end. Vote by acclamation: In Favor: Councilmembers Schimmels, Dempsey, and Gothmann. Opposed: Deputy Mayor Denenny and Councilmember Wilhite. Abstentions: None. Motion passed. Deputy Mayor Denenny called for a break at 7:25 p.m. The meeting reconvened at 7:35 p.m. 9. Sprague /Appleway Revitalization (SARP) — Scott Kuhta Senior Planner Kuhta informed Council we are continuing with Book 1, page 3 of 21 of the Planning Commission recommended draft. He reminded Council there were no changes to the Intent section. 1.4 Future Corridors: Mr. Kuhta said the primary focus of this section is to transform the corridor from a commercial strip to patterns of sections and segments. He explained the different market focus discussed Council Regular Meeting: 09 -09 -08 Page 6 of 8 Approved by Council: 10 -14 -08 in this section is the reason for differences in the types of retail going into commercial use and the different land use categories that translate into zoning. He said the City Center core is the most urban part, whereas City Center neighborhood areas are less intense in development. Councilmember Dempsey asked what the boundary for Auto Row is. Mr. Kuhta explained the boundary is from I -90 to Dishman Mica mainly between the Appleway right -of -way and the northern edge of Sprague. Councilmember Wilhite said the book indicates the boundary is the railroad overpass. Mr. Kuhta said they will clarify the language to say Dishman- Mica /Argonne. Councilmember Wilhite asked if on page 14 of 21 (actually page 9 of 21) they will leave the language regarding on- street parking and two way traffic along Sprague Avenue under the "Gateway Commercial Avenue" section. Mr. Kuhta said that will need to be decided by Council. Councilmember Gothmann said he would like to delay the decision on two -way traffic until they discuss Book III. Mr. Kuhta mentioned that it will be important to monitor and update whatever plan they adopt as conditions change and that they establish criteria to measure the success of the document. Councilmember Wilhite said she is concerned with the word "limited" in the last sentence of the second paragraph in the Gateway Commercial Avenue section regarding signage. She said some auto dealers have requirements by the manufacturer for signage that may not coincide with what we allow in the code. She said we need to have flexibility in our sign code so businesses can meet their requirements and still do business in our community. Councilmember Gothmann would like to take the word "limited" out and change "two -way" to "street ". There was consensus of Council to make those two changes. Mr. Kuhta suggested the change read: "In this district, Sprague Avenue will provide on- street parking and easy access to all dealers and other businesses in the district. There was consensus of Council to modify the language as Mr. Kuhta suggested. Councilmember Dempsey said with regard to the City Center Core on page 5 of 21, she is concerned with "continuous" in referring to ground level shops, cafes, and small restaurants because she doesn't think it fits the concept of Spokane Valley. She said she thinks a tight, enclosed City Center is counterproductive. Deputy Mayor Denenny said the intent is to make the core extremely walkable, with open public spaces and common spaces. Mr. Kuhta said the vision for Appleway is primarily residential and office boulevard with buildings that are smaller in scale. Dempsey asked if there will be a lot of pavement cuts for driveways or if property owners will access properties from the back side. Mr. Kuhta said it will be addressed in Book II, but the intent is to have access from side and rear access streets and limited access to Appleway. Councilmember Wilhite said she thinks it would be more conducive to have commercial or retail businesses on the north side of Appleway, which is the south side of Sprague, rather than residential because the back of those properties will be facing commercial properties. She also said that one of the things citizens like is there is not a lot of traffic coming out onto Appleway and there are not a lot of pavement cuts so traffic moves quickly. Her recollection was if they allow for residential properties we would not do many curb cuts on the south side of Appleway and she said she has concerns with the front doors of properties facing north and with how to blend residential uses in to the commercial uses. Mr. Kuhta said they address that in the plan with development standards and architectural guidelines and by creating a better pedestrian environment so you can transition from an office or retail to residential in one block. He directed Council to the example of page 13 of 21 showing how compatible uses co- exist. He also said he doesn't think we will see a lot of residential development between Sprague and Appleway in the near future because of what is already there now; however, the market will respond to it if the regulations allow it. He said if we make the area more pedestrian friendly it will attract a market that is more residential. Deputy Mayor Denenny said much will depend on the density that occurs and the types of transit available. Mr. Kuhta said he has looked at different jurisdictions and many require a certain number of residential uses as a component of mixed use; however, we are not making a requirement but instead we are allowing residential use to happen within the mixed use zones. Council Regular Meeting: 09 -09 -08 Page 7 of 8 Approved by Council: 10 -14 -08 1.5 Corridor Revitalization Strategy: Mr. Kuhta said in placing the highest priority on the realization of the community's dream of a City Center, the recommendation is to move quickly, to examine public - private partnerships, to get the City Center successful first, and provide flexible entitlements. No changes made by Council. Section 2): Provide a policy framework that accommodates the market's preference for retail concentrations at major crossroads, while building on the patterns of value already in place. Realign development policy, refocus retail development, support value already in place. Councilmember Gothmann asked how much space we have for retail use. Mr. Kuhta said we are over - retailed, meaning the amount of retail space and the retail demand is unbalanced. Councilmember Wilhite said she is concerned with how restrictive we make the plan. Deputy Mayor Denenny said the concept and intent of the City Center is to use mechanisms available to help focus on the entities we need within the City Center and that implementation comes in later discussion of the plan. No changes made by Council. Section 3): Reverse creeping disinvestment by identifying the long term "highest and best uses" for the Corridor as a whole. No changes made by Council. Sections 4 and 5): No comments or changes by Council. Section 6): Protect and enhance Auto Row — Councilmember Wilhite asked if they will take out "restricting used car sales." Mr. Kuhta confirmed they will take that language out. Sections 7 and 8): No comments or changes by Council. Deliberation will continue next in Book II. ADMINISTRATIVE REPORTS: n/a INFORMATION ONLY: City Manager Mercier explained the 2008 Community Survey informational memo was included in the packet for information only and will be reported and discussed at a future meeting. EXECUTIVE SESSION: Labor Relations It was moved by Councilmember Gothmann, and seconded, to adjourn to executive session to discuss labor relations. He estimated it will take 20 minutes and anticipated no action would be taken afterward. Deputy Mayor Denenny declared Council out of executive session at 8:47 p.m. It was moved by Councilmember Gothmann, seconded and un•4j sly agree to adjourn. The meeting adjourned at 8:48 p.m. Christine Bainbridge, ' ity Clerk Council Regular Meeting: 09 -09 -08 Approved by Council: 10 -14 -08 Ric , Mayor Page 8 of 8