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2006, 02-14 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 85 meeting. Attendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Mike DeVleming, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Rich Munson, Councilmember Dick Denenny, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 14, 2006 City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Tom Scholtens, Building Official Carolbelle Branch, Public Information Officer Mike Jackson, Parks & Rec Director Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Greg "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Father Snyder gave the invocation. PLEDGE OF ALLEGIANCE Mayor Wilhite led everyone in the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Councilmember Munson, seconded by Councilmember DeVleming, and unanimously approved to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Schimmels: stated that he attended the Light Rail Steering Committee meeting; the Spokane Regional Transportation Council meeting, a meeting on solid waste, and the Boundary Review Board meeting regarding Liberty Lake's annexation issue. Councilmember Denenny: said that he attended the meeting on the Total Maximum Daily Load (TMDL), which was briefed to Council at Saturday's retreat. Deputy Mayor Taylor: explained that he attended the Convention Visitor's Bureau board meeting where they adopted their 2006 budget; and mentioned that tourism promotion applications have been submitted to the TPA (tourism promotion area) commissioners. Councilmember Gothmann: reported that he attended the Economic Outlook dinner; a flag raising ceremony at the District Health office; a conference where round - abouts were discussed; the Government Affairs Meeting, the International Trade Alliance (ITA) meeting, and last Saturday's Council/Staff winter retreat. Councilmember Munson: said that he also attended the Government Affairs meeting regarding levy and bond issues coming up on the March election; the round - abouts meeting, the Economic Outlook meeting, the ITA Annual Meeting, which had a speaker who was the manager of the local Kaiser Plant who spoke concerning the Kaiser plant operation; he attended a sub - committee meeting for Spokane Transit Authority which discussed schedule changes and new busses, including bus service into Centerplace; and Council Meeting: 02 -14 -06 Page 1 of 5 Approved by Council: 02 -28 -06 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT January 20, 2006 8454 -8473 $100,811.56 January 23, 2006 8474 -8492 ( -8485) $3,684.49 January 2 2006 8'193 8'198 683,502.19 January 30, 2006 8499 -8536 $106,702.98 February 3, 2006 8547 -8573 $62,276.86 GRAND TOTAL $956,978.08 he also attended the Light Rail Committee meeting where he was the only dissenting vote to go forward with light rail decision. Councilmember DeVleming: other than those meetings already mentioned, he had no further report. MAYOR'S REPORT: Mayor Wilhite reported that she attended the Economic breakfast; she spoke to a Kiwanis meeting; and she assisted in the kick -off for the muscular dystrophy's shamrock sale. PUBLIC COMMENTS Mayor Wilhite invited public comment; no comments were offered. 1. 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 Pay Period Ending January 31, 2006 of $210,180.47 c. Approval of Award of Bid and Authorization for City Manager's Signature on Contract d. Approval of Request for Use of Spokane Valley and CenterPlace Logos for Mayor's Ball e. Approval of Minutes of Council Study Session Meeting of January 17, 2006 f. Approval of Minutes of Special Council Meeting of January 23, 2006 g. Approval of Minutes of Regular Council Meeting of January 24, 2006 h. Approval of Minutes of Council Study Session Meeting of January 31, 2006 i. Approval of Minutes of Council Study Session Meeting of February 7, 2006 Councilmember Gothmann requested that Consent item li be removed to discuss separately; and Councilmember DeVleming requested the January 24, 2006 voucher list be removed from the Consent agenda to be discussed separately. It was moved by Councilmember Munson, seconded by Councilmember Denenny, and unanimously agreed to approve the remainder of the Consent agenda. la Voucher List January 24, 2006, 8493 -8498, $683,502.19 Councilmember DeVleming questioned the purpose of several payables concerning enforcement of legal services. Finance Director Thompson explained that those were payments to the law firm that handled some of the code enforcement violations currently in progress. It was then moved by Councilmember DeVleming, seconded by Councilmember Taylor, and unanimously agreed to approve the January 24, 2006 voucher list. li Approval of Minutes of Council Study Session Meeting of February 7, 2006. Councilmember Gothmann spoke concerning page two of the minutes, item M66, as it was his understanding that M66 would be left as is. City Clerk Bainbridge explained she re- checked the tape from the meeting, and that although Council wanted to see the results of the additional research, they did concur to leave that issue as it was. The sentence will be changed to read: "Council consensus to leave as is, and council can review the results of the additional research." It was moved by Councilmember Council Meeting: 02 -14 -06 Page 2 of 5 Approved by Council: 02 -28 -06 Gothmann, seconded by Deputy Mayor Taylor, and unanimously agreed to approve the minutes as changed. NEW BUSINESS 2. Second Reading Proposed Ordinance 06 -001, UR -1 Interim Zoning — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded by Councilmember Munson, to approve Ordinance 06 -001. Community Development Director Sukup explained that other than the two previously noted corrections in the Findings of Fact, e.g. the correct district number for Vera, and the date, no changes have been made to the ordinance. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Previously removed from the agenda. 4. First Reading Proposed Ordinance 06 -003 Amending Aviation Area — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded, to advance the ordinance to a second reading. Community Development Director explained that Council was briefed last fall on the inconsistencies between the interim Airport Overlay zone regulations, state guidelines and the federal regulations; that the Planning Commission was briefed on the proposed amendments to this ordinance, they held a public hearing February 9, 2006, and prior to that received a presentation by WSDOT Division of Aviation on the requirements. Ms. Sukup explained that the proposed amendments will bring the airspace hazard ordinance into conformance with federal requirements, and establish land use compatibility zones restricting certain land uses in proximity to Felts Field. Ms. Sukup added that the Planning Commission also recommended the deletion of "medical facilities" as found on page 6, subsection le. Council concurred to delete "medical facilities" as mentioned above, and on the "prohibited uses" table, to add a line indicating that the "dot" indicated the use is prohibited. Mayor Wilhite invited public comment. Dick Behm, 3626 S Ridgeview Drive; 99206 said he is impressed with this ordinance; that although Felts Field only has a small portion in Spokane Valley, our City and the City of Spokane will benefit equally. Mayor Wilhite invited further public comment; no further comments were offered. It was moved by Councilmember Munson and seconded, to amend the motion to include the removal of the term "medical facilities." Vote by acclamation to amend the motion: In Favor: Unanimous; Opposed: None. Abstentions: None. Motion carried. Vote by acclamation to advance the ordinance to a second reading with the change of deleting the words "medical facilities" as found on page 6, subsection le: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Memorandum of Understanding with Spokane County Regarding 2006 Sewer Construction Program — Neil Kersten It was moved by Councilmember Munson and seconded by Deputy Mayor Taylor to authorize the City Manager to execute the Memorandum of Authorities with Spokane County for full -width paving costs associated with Spokane County's 2006 Sewer Construction Program. Public Works Director Kersten explained the paveback program as per his accompanying February 8, 2006 memorandum, mentioned that the adoption of the 2006 budget includes funds for full -width street paving associated with the County's Sewer Program; and explained the projects involved, estimated road improvement costs, and estimated drainage improvement costs. Mayor Wilhite invited public comment; no comments were offered. Council discussion included mention that full -width paving will not be done automatically every year; that the dollars are well spent; contingency funds; not wanting to send the wrong message to the voters who voted against such a policy; and reasonable bids. Vote by Acclamation: In Favor: Mayor Wilhite, Council Meeting: 02 -14 -06 Page 3 of 5 Approved by Council: 02 -28 -06 Deputy Mayor Taylor, and Councilmembers Schimmels, Gothmann, Denenny, and Munson. Opposed: Councilmember DeVleming. Abstentions: None. Motion carried. 6. Motion Consideration: a. Spokane County Street Maintenance Interlocal — Neil Kersten It was moved by Deputy Mayor Taylor and seconded by Councilmember Denenny to approve the 2006 Spokane County Street Maintenance Interlocal and authorize the City Manager to sign the agreement. Public Works Director Kersten went over the highlights of the interlocal and the options contained therein, with emphasis on the three -year transition plan; and explained which duties would be County duties; adding that he projected an approximate 6% increase annually. Councilmember Gothmann stated the year from 05 to 06 appeared to be a 7% increase, and Mr. Kersten said he would re- examine the formula. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. b. Two new FTEs: Maintenance /Construction Inspector Positions, Grade 14 It was moved by Councilmember Gothmann and seconded by Councilmember Munson to approve two new maintenance /construction inspector FTE's at grade 14. Director Kersten explained the salary range for the grade 14 position; the bid contracts, that landscaping included such things as swales along city streets, maintenance of the sprinkler systems, and weed control; and that the employees' tasks would include such things as inspection, managing, overseeing projects to ensure quality, and other tasks highlighted in the accompanying handouts. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Wilhite called for a short recess at 7:32 p.m. and reconvened the meeting at 7:40 p.m. 7. Motion Consideration: Mayoral Appointment, Lodging Tax Advisory Committee — Mayor Wilhite Mayor Wilhite stated her intent to appoint Brendan Genther of the Holiday Inn, to fill the vacancy in the Lodging Tax Advisory Committee. Mayor Wilhite invited public comment; no comments were offered. It was moved by Councilmember Munson, seconded, and unanimously agreed, to approve the appointment of Brendan Genther to the Lodging Tax Advisory Committee. Council also extended their thanks to Mr. Fiman for his work on the committee. 8. Motion Consideration: Mayoral Appointment of Councilmember Gothmann to the Weed & Seed Committee - Mayor Wilhite Mayor Wilhite stated her intent to appoint Councilmember Gothmann to the Weed and Seed Committee. Mayor Wilhite invited public comment; no comments were offered. It was moved by Councilmember Munson, seconded, and unanimously agreed to approve the appointment of Councilmember Gothmann to the Weed and Seed Committee. PUBLIC COMMENTS Mayor Wilhite invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: 9. Fire District #1 Levy — Fire Chief Mike Thompson Fire Chief Thompson gave a brief overview and PowerPoint presentation concerning the upcoming March 14 Levy vote of a three -year levy to provide funding to meet the increase in demand for services, and to assist the fire department in improving response times. 10. Bus Benches — Cary Driskell Deputy City Attorney Driskell explained the issue of bus benches in City rights -of -way; and discussed the various facets of having those bus benches, including the need to amend the sign ordinance (the benches Council Meeting: 02 -14 -06 Page 4 of 5 Approved by Council: 02 -28 -06 would be an exemption to the prohibited signs); the advertising on the benches through the firm of Sunset Outdoor; and the draft proposed contract for bus bench placement, which contract is similar to the contract Sunset has with the City of Spokane. Mr. Driskell explained that policy considerations for council include the price for the placement, term of contract, and if Council desires to seek back compensation. After Council consideration and discussion of the issues, it was determined that Mr. Driskell will research to determine if there exists state or federal regulations prohibiting advertising of tobacco and /or alcohol products; any ADA (American with Disabilities Act) issues or concerns; general obstruction permit and inspection fee; and an appropriate mechanism to enforce the terms of the contract; and that Mr. Driskell will present those findings to the Planning Commission as part of their hearing on the matter, and afterwards, Council will be presented with all additional information including the recommendation of the Planning Commission. Council also stated their preference not to seek retroactive compensation. 11. Spokane County Service Agreements — Nina Regor /Morgan Koudelka Administrative Analyst Koudelka, via his PowerPoint presentation, gave an overview of the service agreements with Spokane County, including the model agreements for Animal Control, District Court, Hearing Examiner, Jury Management, Pre- Trial, Prosecution, and Public Defender, adding that some of the contracts have automatic renewals, while others were extended until the new agreements are finalized. Mr. Koudelka also mentioned that City and County staff continue to work on refining the law enforcement, GIS, jail, communications, and Geiger agreements. Council commended Mr. Koudelka's work and analysis, and indicated their preference to have the contracts come before Council at the next meeting for motion consideration, and to have the item as one motion enumerating the various contracts for final consideration. Other Matters: City Manager mentioned that Attorney Connelly discussed annexation laws and options and the February 11 retreat, and that distributed to council tonight, are copies of Mr. Connelly's follow -up of necessary steps for an annexation process. There being no further business, it was moved, seconded, and unanimously agreed to adjourn. The meeting adjourned at 8:58 p.m. ATT Christine Bainbridge, City Clerk 0,u0AAa L6,A,R,i9_, Diana Wilhite, Mayor Council Meeting: 02 -14 -06 Page 5 of 5 Approved by Council: 02 -28 -06