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2006, 02-28 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 86 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 28 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 Chris Berg, Code Compliance Officer Bill Schultz, Code Compliance Officer Greg McCormick, Planning Manager Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Greg "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Stan Hudson, Spokane Valley Adventist Church 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 City Manager Mercier requested that agenda item 6a be added as a motion consideration to authorize a partial payment of monies owed to Spokane County regarding the Law enforcement contract. It was moved by Councilmember Munson, seconded, and unanimously passed to add new agenda item 6a. It was then moved by Deputy Mayor Taylor, seconded and unanimously passed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS Mayor Wilhite recognized several students from University High who were attending tonight in partial fulfillment of a class requirement; and also the members of Boy Scout Troop 485. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember DeVleming: reported that he attended the 911 Board meeting where software technology was discussed concerning a problem of the current software not being able to support the 911 system in another few years, and the need to buy other equipment at an expense of approximately $3 million. Councilmember Munson: stated that he attended the Financial Audit Exit Interview, and that the auditors' report was very positive. Councilmember Gothmann: said that he attended a Spokane Regional Health District conference; he attended a Weed and Seed meeting; attended a Chamber of Commerce meeting where they discussed the Council's previous discussion on the neighborhood chapter of the comprehensive plan and of the Chamber's preference to keep the chapter in the Plan; and that he attended a SNAP (Spokane Council Meeting: 02 -28 -06 Page 1 of 6 Approved by Council: 03 -21 -06 Neighborhood Action Program) Board meeting, which discussed partnering with Spokane Mental Health concerning low cost units. Deputy Mayor Taylor: explained that he also attended the Auditor's Exit Interview; and he met with Washington State representatives from the Department of Ecology concerning wastewater issues. Councilmember Denenny: reported that he attended the Health Board Meeting where they are working on a format for evaluations of their CEO (Chief Executive Officer); he attended a meeting with the Regional Director of the DOE (Department of Ecology), where the discussion was productive and he feels we will see new draft documents within the next few weeks. Councilmember Schimmels: said he attended a Solid Waste Comp Plan update meeting; the light rail open house last week; and also spent an afternoon at Adams School with the student body during their citizenship awards program. MAYOR'S REPORT: Mayor Wilhite extended thanks to Deputy Mayor Taylor for presiding over last week's meeting; that while she was away she had the opportunity to meet with the Mayor of Austin, Texas; that she attended the Economic Development Council meeting; the Chase Youth Commission meeting regarding America's Promise and that they plan to make a presentation later to Council; and she also attended the Auditor's Exit Interview; and expressed her appreciation to the Finance Department for a terrific job, mentioning that the auditors were duly impressed. PUBLIC COMMENTS Mayor Wilhite reminded everyone that any comments given tonight concerning the Comprehensive Plan will not be part of the record for the comp plan without written statements; that comprehensive plan comments can only be part of the record if in written format or given at any of the public hearings designated for the Comprehensive Plan, and she urged people to attend the March 9 public hearing scheduled for that purpose. Mayor Wilhite invited general public comments. Gail Stiltner, 10119 E 44 Avenue: voiced her concerns about neighborhoods and spoke of her desire to keep the neighborhood chapter as a separate chapter. Dave Olson, 8808 E 44 Avenue: voiced his concern about neighborhoods and stated citizens' voices and opinions should never be silenced; and urged keeping the neighborhood chapter as a separate chapter. Pete Miller, 18124 E Mission: explained that after months of citizen input, the Planning Commission made the recommendation to include the neighborhood chapter in the comp plan, and she feels the chapter should remain as a separate chapter. Diane Fritz, 4621 S Barr Road: said that neighborhoods are comprised of citizens; and council is here to help citizens; and she reminded Council that they are supposed to be working for the citizens. Mary Pollard, 17216 E Baldwin Avenue: thanked council for all their hard work; encouraged council to recognize all the hours citizens worked to give meaningful contributions to the comp plan; extended her belief to keep the neighborhood chapter as is, and handed in her written comments to the City Clerk. Fred Beaulac, 3824 S Sundown Drive; and member of the Planning Commission, read his statement concerning his desire to keep the neighborhood chapter as is, and handed in his written statement to the City Clerk for the record. Jerry Leise, E 125 6 Street, Spokane: spoke concerning the recent sign ordinance, says the city is not business friendly, that signs are needed to promote businesses, the ordinance infringes upon free speech, and suggests modifying the ordinance to allow temporary and freestanding signs, perhaps with permits. Council Meeting: 02 -28 -06 Page 2 of 6 Approved by Council: 03 -21 -06 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT February 10, 2006 8575 -8617 $162,993.85 February 15, 2006 8618 -8654 $609,354.31 GRAND TOTAL $772,348.16 Philip Rudy, 5647 E Fruithill: explained that he has an office at 720 N Argonne, that someone recently drove into his building; that fortunately no one was hurt, and he thanked the Sheriff's Office, Police Department, and State Patrol for their response to the incident, that the perpetrator was taken to jail but was later released; that he feels the enforcement arm in the community is strong but the justice system needs help as the man who was released had four court dates for other offenses, and that Dr. Rudy is interested in tonight's court report. James W Pantaleo, E 10414 Holman Road: regarding the neighborhood chapter; said if this chapter merges into another section, there won't be a neighborhood program at all as it will be lost. Mayor Wilhite invited further public comments; no further 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 February 15, 2006: $146,775.99 c. Approval of Minutes of February 9, 2006 Special Council Meeting d. Approval of Minutes of February 14, 2006 Regular Council Meeting It was moved by Deputy Mayor Taylor, seconded by Councilmember DeVleming, and unanimously agreed to approve the consent agenda. NEW BUSINESS 2. Second Reading Proposed Ordinance 06 -002, Amending Airport Overlay Zone — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded by Councilmember DeVleming, to approve Ordinance 06 -002. Community Development Director Sukup mentioned that nothing in the ordinance has changed since the first reading, however, the lower shaded portion of the map will be removed, which is zoned 3 in the land use compatibility, it showed 20° from the centerline of the runway rather than 30, that will be removed; as that was the recommendation of the Planning Commission. Council stated no objection. Mayor Wilhite invited public comment; no comments were offered. After council commended staff's work, the vote was taken by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Ordinance 06 -003 Amending Certain Sections Numbered 14 of the Interim Zoning Regulations — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded by Councilmember Munson, to suspend the rules and approve ordinance 06 -003. Deputy City Attorney Driskell explained that this is a housekeeping issue and cleans up some things the City has already superseded, and the amending will make the Code more consistent. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 02 -28 -06 Page 3 of 6 Approved by Council: 03 -21 -06 4. First Reading Proposed Ordinance 06 -004 Amending SVMC Nuisance Requirements Sections —Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded by Councilmember Munson, to suspend the rules and approve ordinance 06 -004. Deputy City Attorney Driskell explained that staff found a duplication of the code and therefore, this ordinance moves junk vehicles with the rest of the nuisances. Attorney Driskell added that he also has a recommendation to amend page 2, definition of "Determination of compliance" so that it would read: "means a written statement from the director that the director has reviewed evidence exists to determine that the violations(s) has been sufficiently abated as to the nuisance violations(s) stated in the voluntary compliance agreement, notice of violation, or notice and order. Mayor Wilhite invited public comment; no comments were offered. It was moved by Councilmember Denenny and seconded by Councilmember Gothmann, to amend the motion to include the amended language of the definition as presented. Vote to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed to amend the motion. Vote on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Reading Proposed Ordinance 06 -005 Amending SVMC Code Compliance Sections— Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded by Councilmember Munson, to suspend the rules and approve ordinance 06 -005. Mayor Wilhite invited public comment; no comments were offered. Attorney Driskell explained that this ordinance refines the code compliance tools for items such as notices of violation so that all complaints are treated equally. He mentioned that a similar change needs to be made to this ordinance's definition of "determination of compliance" so that it reads: "means a written statement from the €4.ty-director that evidence exists to determine that the violations(s) has been sufficiently abated as to the nuisance violations(s) stated in the voluntary compliance agreement, notice of violation, notice and order or stop work order." It was moved by Councilmember Munson, seconded, and unanimously agreed upon to amend the motion to include the amended language of the definition as presented. Vote on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Spokane County Service Agreements — Morgan Koudelka It was moved by Councilmember Munson and seconded by Deputy Mayor Taylor, to approve and authorize the City Manager to execute the following agreements: Animal Control, District Court, Hearing Examiner, Jury Management, Pre- Trial, Prosecution, and Public Defender. Administrative Analyst Koudelka explained that no changes have been made to the agreements since his last overview, and the agreements are now being presented for approval consideration. Councilmember Munson mentioned the need to improve the pet licensing program so the City's cost can be reduced; and Mr. Koudelka mentioned the revenues are factored in and do reduce the cost, but to allow flexibility, that level of detail is not included in the contract, adding that Animal Control is working to bring in additional revenues. Mayor Wilhite invited public comment. Tony Lazanis, 10626 E Empire: suggested regulating the city's cost of animal control through an ordinance rather than pay all the money. Mayor Wilhite invited further public comments; and no further comments were offered. Several councilmembers mentioned they appreciate staff's work with these agreements, including the relationship with and work from County staff. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6a — Motion of Consideration to Authorize a Partial Payment of Monies Owed to Spokane County Regarding the Law Enforcement Contract — Dave Mercier It was moved by Councilmember Munson and seconded, to authorize the City Manager to make a partial payment on our law enforcement contract . Mr. Mercier mentioned that this is one of the contracts subject to settle and adjust; that the recent arbitration decision for the deputies association payroll was rendered, so the settle and adjust for 2005 is $1 million; he mentioned that the County is not in position to verify Council Meeting: 02 -28 -06 Page 4 of 6 Approved by Council: 03 -21 -06 actual expenditures, but there is an extensive amount of money now owed to the County; that they have isolated a portion belonging to 2004 amounting to $225,000, and the County asked for a down payment. Mr. Mercier said he would appreciate having the range of up to $225,000, and stated we are still likely to owe them another $800,000; but issuing the first payment demonstrates a good faith effort on our part. Mr. Mercier also stated that this adjustment was anticipated. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS Mayor Wilhite invited general public comments. Jennie Willardson, 12722 E 23 99216; extended thanks to Councilmembers Gothmann and Schimmels for supporting keeping the neighborhood chapter in the comp plan last week; and said that if the chapter is removed, it gives the impression Council is not interested in neighborhood plans. Mary Pollard, 17216 E Baldwin Avenue: said she feels there needs to be a transportation study of Greenacres; she mentioned the need for a study and to look at the plans for the running path, the bridge, and access to the Centennial Trail; she also voiced her concern and urged Council to pass a construction ordinance to deal with allowed hours of construction and noise issues. Mayor Wilhite invited further public comment; no further comments were offered. Mayor Wilhite called for a recess at 7:12 p.m., and reconvened the meeting at: 7:24 p.m. ADMINISTRATIVE REPORTS: 7. State of the Court Report — Judge Padden and Judge Derr Deputy City Attorney Driskell introduced Judge Padden and Judge Derr, and Judge Padden introduced Judge Walker and Tami Winn of the DUI Court, who all participated in the presentation of the PowerPoint presentation, which presentation discussed the Friendship Diversion Services Day reporting Program, the DUI Court's Intensive Supervision Program, and phases of the treatment programs. 8. Draft Environmental Impact Statement for the Spokane Regional Light Rail Project — Neil Kersten, Steve Worley, Greg McCormick Planning Manager McCormick explained that regarding the DEIS (Draft Environmental Impact Statement) for Spokane Regional Light Rail Project, staff performed a review of the document and developed the accompanying list of comments and questions regarding the information provided in the DEIS. Mr. McCormick said that comments are due to STA (Spokane Transit Authority) no later than Friday, March 3, and they seek council direction on the method to provide the comments to the STA. Several Councilmembers commended staff on a very thorough review and agreed it would be beneficial to get the comments to STA by the due date. Councilmember Munson indicated he would be willing to hand deliver the comments to tomorrow's STA meeting. Council concurred. 9. Proposal to Amend 2006 Transportation Improvement Plan — Neil Kersten Public Works Director Kersten explained the need to amend the 2006 Transportation Improvement Program (TIP), that of the three grant projects as noted on the February 28, 2006 Request for Council Action form, the City was not successful in the grant process, so those will be removed from the TIP and folded in future years; and to further amend the 2006 TIP to include projects that were not completed in 2005 and have been carried over to the 2006 construction year; and for those added 2006 projects. Mr. Kersten mentioned that a public hearing on this matter is scheduled for April 25, 2006. 10. Code Compliance Report — Chris Berg /Bill Schultz /Tom Scholtens Building Official Scholtens, and Code Compliance Officers Berg and Schultz went through the PowerPoint presentation explaining the process behind several examples of code compliance; after which Council Meeting: 02 -28 -06 Page 5 of 6 Approved by Council: 03 -21 -06 Councilmembers gave staff hearty kudos for working to resolve these large code violation/compliance cases. Other business: Mayor Wilhite reminded everyone that the March 7 Council meeting is a study session for comprehensive plan deliberation, and that a public hearing on any aspect of the Comprehensive Plan is scheduled for Thursday, March 9 in the Council chambers. Councilmember DeVleming voiced his preference that staff be sure to spell out all acronyms in their documents as while some are familiar, many are not. There being no further business, it was moved by Councilmember Munson, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:40 p.m. Christine Bainbridge, City Clerk Ouaik&k V. ctkAt Diana Wilhite, Mayor Council Meeting: 02 -28 -06 Page 6 of 6 Approved by Council: 03 -21 -06 NAME PLEASE PRINT I ;W�ii ti in ibee 'i li. h ko Nam roolik TOPIC OF CONCERN YOU L iI`IiiIE }NO ADDIZISS TELEPHONE WILL !s4I r nun= �nn'.1 Ste, \`rsa_e_v fi.).2._∎ c&f)v t'1QO IA e. 4 to.- PO I1 -` E T 13801 5 1 -., 9 ag - (.ay 3 'b'-'?--( Qc2 t- 7S 1 -0,1. - l if kle L. /2vt71 1- 4 &L.64sE /276Rhn V 20 Al 4' 6o,e4e & /? OT Ct4 7;4/1 q2(a b � � 3 deft y L e/sE upQ 11 (-Lie. 7 I rt .ti P. 1 L-2- ti.. 11-c66( .P.o) 1 ?Jai 0 tii ISS i 00 1 4 iv--) S Ea..r v . , .' i 1, -! am- I I „. 1 ",/ /' "gel- 1 1. �i ii,: 22a1/6 8 ) )// 9 ;4"99 L 0/ .1 Vi - VeI4- ljoa s 3 8 z V S_ St/moo d o2 7ZS - 726A Malta OW 1.1 I e0W SIGN —IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: February 28, 2006 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES SPOKANE VALLEY PROBATION SERVICES Do you live in the City of Spokane Valley? The City of Spokane Valley partners with Spokane District Court Probation to provide monitoring services for Spokane Valley citizens who have acquired criminal charges at a misdemeanor level. This collaboration allows for the sharing of :many of our resources, allowing both agencies to operate efficiently without duplicating services. :Location: 127:0 E. Sprague The Probation Department has recently opened a new office in the midst of the Spokane Valley to better serve clients who reside in this area. T.h.e office itself 'is located at :12710 E. Sprague in the Valley Precinct along with police iuixits, administrative staff, and court Services. Who to Contact: 0 0 All appointments at the Valley Office are pre - arranged through the individual :P.robation Officer. if you already have a Probation Officer, you will need to contact.hinlih.er directly at the following number(s): Roger Bjornson 477 -2627 ;Ma Crock:er 477 -646 1. Julie ''Driscoll 477 -3858 Shannon Koutecky 477 -261,3 Vivian Miller 477 -3682 Thomas Squires 477- 6471 Serino Tregellas 477 -6469 Jeremy Young 477 -2405 if - you do not know the name of your Probation Officer, please cal l� 477 - 4751' and speak with the receptionist. lf you have an issue that needs to be discussed with a supervisor, feel :&ee to contact Tainra Wynn at 477- 3 857. /4464; S °pokan�� jUalley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org For information, contact: Carolbelle Branch, P1O City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane, Valley, WA 99206 509- 688 -0232 Fax 509- 921 -1000 Email: cbranch @spokanevalley.org MEDIA RELEASE For immediate Release February 28, 2006 Spokane Valley Performance Impresses State Auditors SPOKANE VALLEY - -- "Phenomenal," "impressive" and "professional" are just some of the adjectives used by Audit Manager Allina Holmquist of the State Auditor's office to describe the City of Spokane Valley's outstanding performance in its recently- completed 2003 -2004 Accountability Audit and 2004 Financial Statement Audit. "We are pleased to report no findings or management letter items," the exit conference statement reported, saying " -- no instance of noncompliance, no reportable conditions, and no material weakness." With the audit of a city's first full year of operations, Holmquist said it would not be unusual for the auditors to report findings, especially in common pitfall areas such as payroll and wage documentation, or contract bidding and awarding, but there were none. The auditors did suggest that the City find ways to validate revenue amounts from other third -party sources such as gambling taxes, Splash -Down concessions, YMCA swimming pool management, and CenterPlace registration revenues. City Finance and Administration Services Director Ken Thompson is quick to credit his staff for the excellent results. "I'm really pleased," he said of his staff members who worked diligently to make sure things were done right and on time, identifying areas needing improvement before they could become a problem. MORE... Audits on the City's financial statement and accountability are audited annually. Areas examined include accountability for public resources, and reviews of cash rcccipting and revenues, electronic data processing, purchasing, and payroll. Accountability for public resources includes legal compliance with applicable state laws and regulations, as well as compliance with the City's own adopted policies and procedures. For additional information, contact Ken Thompson at 688 -0027. 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org 2003 -2004 Audit Results Quotes from Allina Holmquist, Audit Manager, Team Spokane ofthe Washington State Auditor's Office, in a February 28, 2006 telephone interview discussing the 2004 audit results for the City of Spokane Valley: "Phenomenal." "Commendable." "Impressive." "Outstanding performance for a community of this size." "The city undertook a lot of projects including CenterPlace, sidewalk improvements, growth management, and in all cases, there was excellent paperwork and follow- through." "We would like to see more of this." "You guys are providing great service [to the auditors], even when your staffing was down, you have done it." "While the 2003 audit was only a financial audit, we had our audit staff informally look ahead at some of the things that were coming and we made some recommendations and we were very pleased with the results and their [financial staff] responsiveness to those initial informal recommendations." "Ken did a great job of comparative research [on audit costs] for comparable cities on the West side... that resulted in about $15,000 savings for the City.' "Incredibly impressed." "Highly professional."