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2007, 03-27 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:05 p.m., and welcomed everyone to the 111 meeting. Attendance: Diana Wilhite, Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Steve Taylor, Deputy Mayor Rich Munson, Councilmember Gary Schimmels, Councilmember Absent: Bill Gothmann, Councilmember MINUTES City of Spokane Valley City Council Special Meeting Tuesday, March 27, 2007 City Staff: Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Steve Worley, Senior Engineer Rick VanLeuven, Police Chief Greg Bingaman, IT Specialist Marina Sukup, Community Development Dir. Chris Bainbridge, City Clerk INVOCATION: Pastor At Hulten from the Valley Assembly of God gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember Gothmann. It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to excuse Councilmember Gothmann from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Denenny, seconded and unanimously agreed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: (See Mayor's Report) COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: no report Councilmember Denenny: mentioned that the Health Board met on the 22 and had no specific issues, but did a reiteration of the ad hoc committee and the search for the potential new administrator and new health officer; that they will meet on the 29 for a public question and answer session; and that they will have someone from the State Health District to discuss the pros and cons of the different forms of organization. Deputy Mayor Taylor: reported that he attended the National League of Cities Congress of Cities meeting in Washington D.C.; and that he met with the Energy, Environment and Natural Resources Committee, of which he is a member; and he reported that he also attended his second meeting of the County's Solid Waste Advisory Committee, which group is going through their draft plan. Councilmember DeVleming• said he had no report, but mentioned he had a wonderful time at the Mayor's ball last weekend. Deputy Mayor Taylor concurred and Mayor Wilhite and Rick Wilhite were given a round of applause to thank them for their hard work. Councilmember Munson: explained that he attended a Growth Management Association Ad Hoc Committee meeting yesterday where they discussed some of the consequences about not getting work submitted in time to get this update completed; and he gave a brief report on funding issues concerning STA and SRTC, including a call for projects for 5307 funding, and that the STA will develop a new Memorandum of Understanding to more accurately state how those funds will be handled; and that the Council Meeting: 03 -27 -07 Page 1 of 6 Approved by Council: 04 -10 -07 issue will be further discussed this summer and as it progresses, he will look for guidance from the Council on preferred options. MAYOR'S REPORT: Mayor Wilhite reported that she also attended the Congress of Cities in Washington D.C. where she had the opportunity to discuss issues with federal legislators, such issues as funding for highways like the widening of I90; and the problems associated with Community Development Block Grant funding. Mayor Wilhite also reported that she attended the first board meeting yesterday of the newly merged Spokane Region Chamber of Commerce and the Economic Development Commission; and said that group is working to prioritize their EDC concerns. Mayor Wilhite also took a few minutes to recognize and congratulate the Greenacres Neighborhood on receiving one of three "Outstanding Neighborhood" awards for 2006 from the Neighborhood Alliance of Spokane; and said that the award was for the North Greenacres Neighborhood's involvement and collaboration in development of Spokane Valley's comprehensive plan, zoning ordinances and building practices. Mayor Wilhite invited Mary Pollard to come forward to accept the award; and she asked that the City keep the award and hang it in an appropriate place. PUBLIC COMMENTS: Roy Basler, 12904 E Maxwell: said that he just found out about 200 bed drug rehab ward within a block of his house and that he is concerned about the type of people who will be housed there; and whether the facility will be a lock -down facility; that he is concerned with the safety of the neighborhood, and he wants to know how it got approved without the neighbors knowing it; that he spoke with city Planner Karen Kendall who said notification is mandated only within 400 feet; but it appears construction has begun and that it is a "done deal." JoAnn Zinkgraf, 12912 E Maxwell: explained that she too wants to know if this facility will be a lock down facility; if it will be fenced, and if people will be coming in on a daily basis; she said she also spoke with Karen Kendall who said it is not a done deal; but they are working on it. She explained that she also talked to Central Valley School District who will see about moving their bus stops because of it; that she is concerned for the neighborhoods, and angered she was not told about it; adding that she is sure property values will go down and she wants answers. Deputy Mayor Taylor explained that this facility came through as an essential facility procedure through the County, and that all jurisdictions are obligated under state law to be able to provide certain facilities. Deputy City Manager Regor also explained that we will provide more detailed responses to citizens as we follow through with the process; that it is a siting process at the County level; and our municipality discusses conditions and that the issue is under the Hearing Examiner procedure, which matter has not yet come up for hearing. Mayor Wilhite added that a hearing announcement will be posted at the site once the hearing date is determined, in addition to having it posted in the newspaper. Councilmember Munson mentioned that this issue has had several articles in the Spokesman Review, the Valley News Herald, and the Journal of Business, and that there is only so much one can do to get the word out. Mayor Wilhite invited further public comment. Mary Pollard, 17216 E Baldwin Avenue: said she has been following this and has concerns about it; and she feels we can do more to ensure that the community is informed, and we don't have to take the minimum state law requirements; that she looked on the zoning and that this doesn't belong in a residential place; that we need to decide where we want them and zone it appropriately. Council Meeting: 03 -27 -07 Page 2 of 6 Approved by Council: 04 -10 -07 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 03 -02 -07 11186 -11233 $376,970.63 03 -09 -07 11234 -11292 $1,590,006..86 03 -19 -07 11299 -11362 $268,243.65 GRAND TOTAL $2,235,221.14 Ed Weilep, 7216 E 10 Avenue: said that he put a survey in the newspaper about putting the issue on the ballot, of whether Appleway and Sprague should be one way or not; that he received 20 responses (which he hand delivered to the Clerk); that most wanted us to stop the studies and spend the money on construction; and all those responded wanted to have the issue put on the ballot. Mayor Wilhite remarked that the study wasn't just about transportation, but it included land use as well and also whether to have a city center. Dick Behm, 3626 S Ridgeview Drive: said that he noticed that Schafer Road will be closed April 3 and 4; so for two days everyone in the Ponderosa will have to use Bowdish; that parents will be bringing their kids to and from school; and he is concerned about the extra time (four minutes extra in going around) that emergency response units will take; and that he thinks two days is too long. Councilmember DeVleming mentioned that there will be no school traffic on those days as that is during Spring Break. Mary Pollard, 17216 E Baldwin Avenue: spoke of her concern with construction and the inconveniences it brings; that when construction was done in her neighborhood, there was a mass of dirt blocking her driveway; that sometimes when things go beyond the norm, you have to do something to mitigate the issues; and she feels the City should have a policy to address this; that she also recognizes that the staff works hard and there are not enough staff to do what is needed for a city of this size; and she said the City needs to hire another full time planner. Mayor Wilhite invited further public comment; and no further comments were offered. 1. PUBLIC HEARING: Proposed Amended 2007 Transportation Improvement Program — Steve Worley Mayor Wilhite opened the public hearing at 6:34 p.m. and invited Mr. Worley to explain the proposal. Engineer Worley explained that this public hearing is an opportunity for the public to comment on the proposal to amend the 2007 Transportation Improvement Program (TIP); and he explained the recommended projects as listed in his Request for Council Action (RCA) form. He also mentioned that a memorandum which was previously distributed to Council had the Broadway Avenue Project 190 ramps, but that project should not have been included as that is not scheduled to start until next year. Mayor Wilhite invited public comment. Ed Weilep, 7216 E 1Oth Avenue said that there is a fueling station on Valleyway from the Park Road east, and trucks are breaking up the road, and there is no curbing, and that he thinks it should be looked at. Mayor Wilhite informed Mr. Weilep that that project is not on this list of proposals. Mayor Wilhite invited further public comments; no further public comments were offered and Mayor Wilhite closed the public hearing at 6:40 p.m. 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. Following Claim Vouchers: b. Payroll for Period Ending March 15, 2007: $175,923.21 c. Minutes of February 27, 2007 Regular Council Meeting d. Minutes of March 6, 2007 Regular Council Meeting Council Meeting: 03 -27 -07 Approved by Council: 04 -10 -07 Page 3 of 6 It was moved by Deputy Mayor Taylor, seconded and unanimously approved to approve the Consent Agenda. NEW BUSINESS 3. First Reading Proposed Ordinance 07 -004 Amending Purchasing Code — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 07 -004 to a second reading at a subsequent meeting. Deputy City Attorney Driskell explained that this item is before council tonight as a reflection of policy choices indicated previously; and in an attempt to clarify those issues in terms of what is the signing dollar authority of the City Manger; and other than a few minor grammatical changes, there are no substantive changes from what council choices were indicated earlier. Mayor Wilhite invited public comment; no comments were offered. Councilmember DeVleming voiced his concern about giving away a responsibility this Council has and mentioned that he still struggles with that, not with this council and this staff, but future councils and future administrations; and he does not want to create a turf battle in the future; that he struggles with the overall philosophy of the change. Councilmember Schimmels said he would not lend support to this because of the dollar figure; that he believes the Finance Committee is good, but this should be a council function and staff should present these matter to the full council. Deputy Mayor Taylor said that these issues were all discussed last week in depth and his concerns have been taken care of by this proposed approach; keeping in mind Council annually approves a budget, the Finance Committee is involved, and Council signs off on the vouchers presented on the consent agenda, he feels there is no lessening of oversight, but is a matter of being able to administer these issues more efficiently. Vote by Acclamation: In Favor: Mayor Wilhite, Deputy Mayor Taylor, and Councilmembers Denenny and Munson. Opposed: Councilmembers Schimmels and DeVleming. Abstentions: None. Motion carried. 4. First Reading Proposed Ordinance 07 -005 Renumbering Title 7.35 Motorized Transportation Devices — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to suspend the rules and approve Ordinance 07 -005. Deputy City Attorney Driskell explained that this is a housekeeping item only; and that the only change is renumbering this item in the Municipal Code from 7.35 to 9.20. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Reading Proposed Ordinance 07 -006 Amending Public Record Ordinance — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 07 -006 to a second reading on the April 10, 2007 Council agenda. Deputy City Attorney Driskell explained that this proposed ordinance is a result of the State legislature during the 2006 session adopting the model public records Ordinance prepared by the Attorney General's Office, and this ordinance would make our regulations consistent with that model ordinance. Councilmember Munson asked if there were any further changes as a result of further legislative action; and Mr. Driskell said he will check to make sure we are not adopting something which would be immediately out dated. Mayor Wilhite invited public comment. Richard Harmon, 1760 E Mission; said he is at a loss here because he doesn't have a copy of the ordinance and therefore, can't make any public comment without understanding what it is we are doing; although he understands this deals with public records, and he urges Council not to pass any ordinance that would make it hard for people to get public records they should have. Councilmember Munson explained that this makes getting public records getting easier by State Statute; and he added that the Council Meeting: 03 -27 -07 Page 4 of 6 Approved by Council: 04 -10 -07 information is generally available to the public on our website. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Proposed Resolution 07 -002 Adopting the Spokane County All- Hazard Mitigation Plan — Marina Sukup It was moved by Deputy Mayor Taylor and seconded, to adopt Resolution 07 -002. Community Development Director Sukup said this resolution would adopt the multi - jurisdiction all- hazard plan, developed by the Division of Emergency Management, which plan has a series of action items which address threats or possible threats of hazards; that it is a county -wide effort; and will allow us to apply for mitigation funding from the Division of Emergency Management, and is approved by FEMA. She also mentioned that they will correct the information concerning our city, including correcting the incorporation date. Mayor Wilhite invited public comment. Dick Behm, 3626 S Ridgeview Drive: said this was a one and a half year endeavor, with a multitude of agencies involved, including the Health Department and other emergency services. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS Mayor Wilhite invited general public comments. Steven Pollei, S 212 McDonald: said he sent out an e -mail about the internet and about putting agendas and minutes on the internet; and that many people still have dial -up and that he recommendations splitting up some of the PDF documents to enable more people to get those documents. Mary Pollard, 17216 E Baldwin Avenue: said she heard from a friend in Colorado where they are putting all their forms on line as a further aid to the public. ADMINISTRATIVE REPORTS: 8. Sullivan Road Concrete Project — Robert Blegen, Washington State Department of Transportation Robert Glegen of the Washington State Department of Transportation gave a PowerPoint presentation on the Sullivan Road Concrete Project, including general information, goals of the project, and detour plans. In other business, Councilmember DeVleming said regarding the information only item of the Student Advisory Council Bylaws; that the changes include adding a Treasurer, changing the meeting place from Council Chambers to CenterPlace, and adding an approved date. It was Council consensus to place that issue on the next Council Consent Agenda for approval consideration. EXECUTIVE SESSION: Land Acquisition It was moved by Deputy Mayor Taylor and seconded, to adjourn into Executive Session for a period of approximately 15 minutes to discuss land acquisition; that Council would take a 15- minute break prior to beginning the Executive Session; and that after the Executive Session; they may take action back in regular session. At 7:35 p.m., Council adjourned for a 15- minute break and then retreated into Executive Session. Mayor Wilhite declared Council out of Executive Session at 7:59 p.m. It was moved by Councilmember Denenny and seconded, to authorize the City Manager or designee to complete negotiations and sign all necessary documents to purchase for park purposes, the property located at 1405 North Long Road, Spokane Valley, within the limit of the appraised value. Mayor Wilhite invited public comment: Mary Pollard commented that she is excited about the vision to enhance the community by adding the park. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 03 -27 -07 Page 5 of 6 Approved by Council: 04 -10 -07 It was then moved by Councilmember Denenny and seconded, to authorize the City Manager or designee to complete negotiations and sign all necessary documents to purchase for park purposes, the property located at 17721 East Boone Avenue, Spokane Valley, within the limit of the appraised value. Mayor Wilhite invited public comment: Mary Pollard extended her thanks. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. There being no further business, it was moved by Deputy Mayor Taylor, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:02 p.m. ATTEST Christine Bainbridge, ity Clerk 0-u?0,,,,,,i3 aR Diana Wilhite, Mayor Council Meeting: 03 -27 -07 Page 6 of 6 Approved by Council: 04 -10 -07 NAME PLE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT ADDRESS TELEPHONE / ?O / A S Al- /? /3 0114 /a o ;/ r � rer ca6',, , 44' t ace 040.t titab / i 1 e viziiialffi 1 1.„, ...LA, 5 7?/6 i i-- )i ,-,.. \. ,pvqr4) GENERAL PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: March 27, 2007 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sign in if you wish to make Dublic comments.