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2006, 05-09 Regular Meeting MinutesAttendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday May 9, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 91s meeting. City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Marina Sukup, Community Development Director Ken Thompson, Finance Director Neil Kersten, Public Works Director Mike Jackson, Parks & Rec Director Scott Kuhta, Senior Planner Cal Walker, Police Chief Carolbelle Branch, Public Information Officer Tom Scholtens, Building Official Morgan Koudelka, Administrative Analyst Greg "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: Councilmember Munson stated he would like to add an agenda item #8a concerning a proposed Cable Franchise Bill. It was then moved by Councilmember Munson, seconded and unanimously agreed to approve the agenda as amended. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: None. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he attended a Weed and Seed meeting last week, which was well represented by the Sheriff's Office and police officials; but poorly attended by the public. Councilmember Gothmann: explained that he attended several meetings, including a Chamber of Commerce business meeting where they discussed planning for new facilities; a SNAP meeting; and a Special Regional Health District Awards ceremony; and that he attended a law enforcement memorial ceremony at the courthouse. Councilmember Munson: stated that he attended a risk seminar by the Association of Washington Cities on how best to put together an insurance pool; that today he attended a Board Of County Commissioners meeting where population allocation numbers were discussed, and that he testified on behalf of the Steering Committee of elected officials, and that Greg McCormick spoke for the City; that they recommended a medium number as opposed to a large number and of the eight people speaking, no one supported a large allocation number; and that the Board Of County Commissioners postponed their decision until they have a chance to further reflect on the subject, and that it is possible a decision will be made at the May 23 meeting. MAYOR'S REPORT: Mayor Wilhite reported that she attended the Association of Washington Cities Nominating Committee for officers for the state association; and that she attended today's reception for Council Meeting: 05 -09 -06 Page 1 of 7 Approved by Council: 05 -23 -06 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 04 -24 -2006 8985 -9037 $88,483.33 04 -28 -2006 9038 $6,527.19 04 -28 -2006 9039 -9071 $1,733,285.95 GRAND TOTAL $1,828,296.47 city staff and Planning Commission in celebration of the completion of the Comprehensive plan. Mayor Wilhite then read three proclamations, with each proclamation followed by comments from the associated agency: (1) "Older Americans Month" with comments by Diane Smith, member of the Aging and Long Term Care of Eastern Washington Planning and Management Council; (2) "National Safe Boating Week" with comments from Jim Kelley of the Coast Guard Auxiliary; and (3) "Tourism Week" with comments from Harry Sladich, Spokane Regional Convention Visitor's Bureau President and CEO. PUBLIC COMMENTS: Rob Nordhagen, 6708 E Appleway: commented on the signage issue; said he does not understand why flags and pennants are signs, and that the sign ordinance is confusing; he said the definition of a sign does not include streamers, nor does the definition of streamers include signs; he stressed concern having to secure permits for the streamers, putting them up and taking them down, at $50.00 for every quarter; that it appears to him that something got written wrong as there is nothing addressed in the ordinance about streamers, which is his main concern. Mayor Wilhite said that a member of staff will back to him on this issue. Richard Schatzka, 19108 E 2 — he encouraged council to pass the ORV ordnance and said that he is still being plagued by those folks; and he thanked Mr. Driskell and Mr. Connelly for their support; adding he is anxious to get this issue behind him. Donald E. Hess, owner Town & Country Auto at the corner of Pines & Broadway: voiced his concern about the proposal of changing Broadway; said he has had his business there for 16 years, has seen very few bikes; that he left about 5:20 tonight to get here and he sat though two red lights trying to get out of the lot onto Broadway so he could turn on Pines. He said that if we did a neighborhood survey he thinks we would discover that people would not be happy if they knew how long it would take to back out of their driveway; and also that it would contribute to property depreciation; he said Council could better and spend money on something more profitable then a gimmick to try to give people a ride on a bike. 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 April 30, 2006: $200,784.91 c. Resolution 06 -011 Setting Planning Commission Public Hearing for Street Vacation Request STV -02 -06 d. Minutes of April 18, 2006 Special Council Meeting e. Minutes of April 25, 2006, Regular Council Meeting f. Minutes of May 2, 2006 Council Study Session Meeting It was moved by Deputy Mayor Taylor, seconded, and unanimously passed to approve the Consent Agenda. NEW BUSINESS 2. Second Reading Proposed Ordinance 06 -012 Amending Regulations for Off -road Vehicles — Mike Connelly /Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to approve Ordinance 06 -012. Deputy City Attorney Driskell explained that there have been no changes to this ordinance since the first reading; and briefly explained the background of the ordinance. It was Council Meeting: 05 -09 -06 Page 2 of 7 Approved by Council: 05 -23 -06 moved by Deputy Mayor Taylor and seconded by Councilmember DeVleming, to amend the motion to preclude UR -1 zones from this particular prohibition and allow the use of ORV's in UR -1 designated zones. Deputy Mayor Taylor explained that there are some areas in the City more rural in character, that are or will be zoned UR -1; that some areas include several acre parcels where it would not be a nuisance to have an ORV used on those properties; and he stated his opposition to the ordinance as written as possibly being too broad. Council discussion continued concerning size of parcels, small parcels surrounded by higher densities; regulating the peace and quite of parcels bordering the one -acre lots; and whether this should apply to UR -1 areas in Ponderosa and /or Rotchford. Vote by Acclamation to amend the agenda: In Favor: Deputy Mayor Taylor; Opposed: Mayor Wilhite, Councilmembers Schimmels, Denenny, Gothmann, DeVleming, and Munson. Abstentions: None. Motion failed. City Manager Mercier mentioned that we have a complaint - driven enforcement program. Mayor Wilhite invited public comment. Gail Stiltner 10119 E 44th Avenue: said she feels it will take the wisdom of Solomon to make this right; that she knows people in the Ponderosa area are very interested in this issue; she realizes you can't legislate respect for people yet there must be some way to solve this, and she stated that perhaps this ordinance is not the right way to go; that someone using an ORV on their own property that creates a noise or nuisance problem to a neighbor, should be treated as any other nuisance problem like barking dogs, or hot - rodding at midnight; that she would like to see those areas strengthened rather than a prohibition on off -road vehicles in places with acreages; she mentioned she spoke to some of the kids who ride the ORVs, and they stated they have no place to go; she suggested we need to give them a reasonably safe place that won't harm the land or infringe on other's rights. Richard Schatzka, 19108 E 2 ° — : said he is in support of the ordinance and is surprised at the "last hour" discussion; that he hopes not to reverse course and wants to put this behind him; that the people using the track are now urinating in public; that this activity seems to happen every weekend; and the people have no regard or respect for their neighbors; that it often happens at 10:00 p.m. and that it has to stop. Claire Penel 19109 E 4th: said that he lives next door to the race unit; that he formerly owned the property; that the current owners run as many as five ORVs at once; that the track is too small and five are too many; and they can't sit outside because of this problem; and he asked when the six months would start. Mike Edwards, 19205 E 4 explained that he lives next to Claire; that he encourages passage of this ordinance; and as a neighbor east to the problem, he still hears the problem; that it is a constant problem; and it does prevent neighbors from having peace and quite. Mayor Wilhite invited further public comments. As none were offered, City Clerk Bainbridge read the May 9, 2006 e -mail from the Halversons, adding their encouragement to Council to pass the ordinance. Council discussion included comments of trying to help the majority of the people in the community; the efforts of the legal staff in drafting a reasonable ordinance to address the issue; that this issue is not merely confined to one section of the City; that Council tries to balance the right to use property and the right to peace and quite in the neighborhood; and that the real issue is neighbors being unkind or unfriendly to other neighbors. Vote by Acclamation: In Favor: Mayor Wilhite, and Councilmembers Schimmels, Denenny, Gothmann, DeVleming, and Munson. Opposed: Deputy Mayor Taylor. Abstentions: None. Motion carried. In response to Council question to clarify when the six months begins, Attorney Driskell said the six months begins after the effective date of the ordinance, which is five days after publication; but that the provisions prohibiting new or expanded off -road vehicle use will be effective on the effective date of the ordinance; adding that he will continue to monitor the situation and if complaints are issued, staff will check for violations. Council Meeting: 05 -09 -06 Page 3 of 7 Approved by Council: 05 -23 -06 After brief Council discussion concerning the need for the six month period, Mayor Wilhite stated that Council can discuss the ramifications of the six months with the City Attorney later. 3. First Reading Proposed Ordinance 06 -013 Regulating Logo Use — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to suspend the rules and pass ordinance 06 -013. Deputy City Attorney Driskell explained that changes were incorporated in the ordinance per Council's discussion last week; and if Council approves this ordinance, staff will prepare a resolution setting a style and standards guide for the logo. Mayor Wilhite invited public comment; no comments were offered. It was moved by Councilmember DeVleming and seconded to change the word `plaques" with "items of recognition." Vote to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. The amended motion was then voted upon: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried to suspend the rules and pass ordinance 06 -013 with the change in section 3 as noted above. 4. Motion Consideration: Contract Award for Sprague /Appleway Subarea Plan — Marina Sukup /Scott Kuhta Senior Planner Kuhta explained that Council previously received an update on contract negotiations for the Sprague /Appleway Corridor Subarea Plan; that staff has further examined the proposed Scope of Service and the budget proposals of the consultants; and that staff is pleased to bring forth a final contract proposal and detailed scope of service. Mr. Kuhta also briefed Council on the proposed timeline as shown in the materials accompanying his presentation, including the phasing of the project. He further explained that stakeholder and community workshops are very important in this process and those will be scheduled; and that once Council chooses the final alternative, phase three will begin which is implementing community intent; which is where the final subarea plan is developed, which includes a full coding, regulatory framework for the entire corridor and includes the City center and all associated segments. Mr. Kuhta explained that the first two phases should be completed by the end of this year, with the regulatory part completed early spring next year. Mr. Kuhta also mentioned that the entire project amount is slightly over $400,000; that staff made sure there were no duplications of services among the consultants, and that staff worked hard to get this project cost down to this amount, and reminded Council that the entire project can be split between two fiscal budget years. It was moved by Deputy Mayor Taylor and seconded by Councilmember Denenny, to authorize the City Manager to execute a contract with ECO Northwest, Freedman, Tung & Bottomley, Glatting Jackson, and Studio Cascade in the amount of $428,972 for the development of the Sprague /Appleway Corridor Subarea Plan. Mayor Wilhite invited public comment; no comments were offered. Council discussion included positive comments concerning budgeting this project over two budget years; having this study done first does not preclude the incremental implementation of the plan (e.g. starting at Auto Row and moving down the street) should Council decide upon that approach; and positive comments concerning the consultants. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Consultant Services Agreement for the Street Master Plan — Neil Kersten Public Works Director Kersten gave the background of the street masterplan as noted in his May 9, 2006 Request for Council Action; that two responses were received with staff recommending JUB Engineering. Mr. Kersten brought Council attention to the accompanying detailed scope of work and the phases and costs of the project, adding that the contract would be funded from the Street Fund. It was moved by Councilmember Gothmann and seconded by Councilmember DeVleming, to approve the contract with JUB Engineers for the Street MasterPlan Project in the amount of $435,470.00. After brief positive council comments, Mayor Wilhite invited public comment. Mary Pollard, 17216 E. Baldwin: asked if this is going to help define concurrency of the streets and to make sure we have community concurrency in the neighborhoods. Mayor Wilhite indicated staff will respond later, to Ms. Pollard's question. Council Meeting: 05 -09 -06 Page 4 of 7 Approved by Council: 05 -23 -06 6. Motion Consideration: Hearing Examiner Agreement — Morgan Koudelka It was moved by Councilmember DeVleming and seconded, to authorize the City Manager to amend the Hearing Examiner Agreement CO6 -14. Administrative Analyst Koudelka explained that the County adjusted the hearing examiner rate to include non - productive hours, such as vacation, sick leave, breaks, training, and other non - billable time so that we will pay for a share of all hearing examiner costs; and that this is similar to settle and adjust agreements in which our usage rate is applied to all costs of service. Mr. Koudelka stated that the estimated cost for 2006 Hearing Examiner services will increase from $43,352 to $55,307; and that the addendum to the agreement (including a new Exhibit 2), was included in the council packet; and that staff recommends approval. Mayor Wilhite invited public comment. Chuck Hafner, 4710 S Woodruff: said there are many developments beginning to happen in his (Ponderosa) community which puts a time concern relative to the Hearing Examiner; that there have been times already where they are looking at retired judges that might assist; or at the City of Spokane's Hearing Officer to give some assistance; and that his concern is by limiting the number of hours, it will also limit the time the Hearing Examiner will be able to do his work; and if there are too many developments and too many hearings, Mr. Hafner doubts that the examiner will be able to accurately do the job he was hired to do. Mr. Koudelka further explained that the number of hours the hearing examiner works on cases will not be reduced; that this simply factors in time that the hearing examiner spends on other matters which are not billable to clients, such as training, vacation, breaks, etc.; which are classified as non - productive times. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Acquisition of State Park Lands — Mike Jackson Parks and Recreation Director Jackson explained that April 28, 2006, the City became aware of the proposed auction sale of several parcels of Washington State Park property which lie within the City of Spokane Valley; that the Washington Parks and Recreation Commission scheduled a public meeting concerning the potential auction of these parcels, for May 11, 2006 with some determination of the land set for June 22 when the commission votes; and that he feels open space is critical to recreation activities. It was moved by Deputy Mayor Taylor and seconded to direct the City Manager or his designee to submit formal notification to the Washington State Parks and Recreation Commission expressing the City's desire to acquire and manage the surplus State lands located on the north side of the Spokane River and lying within the City's boundaries. Director Jackson further stated that the primary goals are to hold onto property; but actively evaluate all properties against criteria and added that the County is looking at this from the same aspect as we are, which is to have the property transferred. Mayor Wilhite invited public comment. Dick Behm, 3626 S Ridgeview Drive: said he was on the original board that built the Western Dance Hall; that the property was originally part of the state and was surplused; that the Department of Transportation turned the property over to the County under the condition it be used for recreation purposes, with the Western Dance Association holding a 25 -year lease; that the County agreed to put in a well and the Western Dance Association agreed to furnish restrooms; that the border doesn't seem correct as the County would not have put a well into a state park property; and that he encourages our pursuit to keep that property in public ownership. Mary Pollard, 17216 E. Baldwin: said she worked hard as a neighborhood to bring this issue to the City's attention; that she urges Council to pursue the land; that they have 64 signatures if support is needed; and that she would appreciate council taking action on this item; and she handed the City Clerk her May 9 letter voicing support for the property acquisition. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 05 -09 -06 Page 5 of 7 Approved by Council: 05 -23 -06 8. Motion Consideration: School Zone Flashing Light Project Grant — Neil Kersten It was moved by Deputy Mayor Taylor and seconded, to accept the Washington Traffic Safety Commission Grant for School Zone Flashing /Radar Boards in the amount of $35,600. Public Works Director Kersten explained that public works submitted a grant request to the Washington Traffic Safety Commission to purchase and install four flashing yellow lighting /radar board systems for the vicinity of Progress Elementary and University Elementary. Director Kersten explained that the equipment needs to be purchased on or before June 30, 2006, with installation to be completed by September 1, 2006; that we purchase the items and bill the Washington Traffic Safety Commission for reimbursement no later than sixty days from the date of the approval letter, or from April 6, 2006. Mr. Kersten added that they are submitting funding requests for four more grants for lights only (no radar), adding that all the elementary schools are located on arterials. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8a. Franchise Bill and Congresswoman McMorris (added agenda item) Councilmember Munson explained that consensus is needed to move forward with this item; that Congress is considering a bill entitled the "Communications, Opportunity, Promotion and Enhancement (COPE) Act;" which is a telecommunications bill that passed the House Energy and Commerce Committee on April 26, with action by the full House expected this month; that the National League of Cities has issued a call to action for all local officials to contact their representatives in Congress and tell them to vote no on COPE. Councilmember Munson explained that this bill would strip meaningful authority away from cities; would eliminate local franchising of video /cable service, would preempt local oversight of the rights -of -way and provide insufficient enforcement and audit authority, and would undermine local governments financially by limiting revenues, and it would oppose "build -out" obligations on the presumption that market competition will bring high -speed service to all consumers. He further explained that this bill would strip local governments of their authority to franchise the use of the rights -of -way; and that consumers would have to contact the federal government with concerns about their television or advanced internet services; and finally that the measure would allow service providers to pick and choose which neighborhoods get premium services and which get no service at all. Councilmember Munson proposed we follow the lead of the City of Spokane and Comcast and send (via e -mail) a letter to Congresswoman McMorris asking her to oppose the bill; and to allow Mr. Mercier to draft the letter in order to transmit the letter as soon as possible. Although Deputy Mayor Taylor indicated he would like more information before sending the letter, Councilmember Munson replied that time is of the essence. It was moved by Councilmember DeVleming and seconded by Councilmember Munson, to send the letter. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Wilhite, and Councilmembers Munson, DeVleming, and Gothmann. Opposed: Deputy Mayor Taylor and Councilmembers Schimmels and Denenny. Abstentions: None. Motion carried. PUBLIC COMMENTS Mary Pollard, 17216 E. Baldwin: stated she feels this is a good time to bring up the need for a Parks Board for the City; that such board could reach across and help build the community; and also that during their neighborhood meeting they expressed a desire for Mission Avenue to have a lower speed limit; that she realizes the only ones who can lower a speed limit is Council, and she asks for a motion to do that. Mayor Wilhite called for a recess at 8:10 p.m.; and reconvened the meeting at 8:20 p.m. ADMINISTRATIVE REPORTS: 9. Hazard Inventory Analysis Report — Tom Scholtens Building Official Scholtens explained that staff learned October 2004 that a Hazard Inventory and Vulnerability Analysis was required to be developed and approved prior to any federal disaster mitigation funding granted to the City; and the Community Development Department began working with the Fire and Police Chiefs to develop that plan, which they later learned would actually be a Spokane County- wide analysis. Mr. Scholtens further explained that staff became involved with the Spokane County Council Meeting: 05 -09 -06 Page 6 of 7 Approved by Council: 05 -23 -06 Hazard Mitigation Committe in September 2005, which was formed at the request of Spokane City /County Emergency Management Department; and all involved worked to develop a Draft Mitigation and Objectives Plan. Via his PowerPoint presentation, Mr. Scholtens gave an update of the project, including the goals and objectives, and stated that the next steps after the Plan is approved at the State level, is to return to the local jurisdictions for that approval. Council/staff discussion included that drills are not planned; getting the utilities involved on the committee (Chuck Hafner reported that no one from the Water Department is involved at this point); the main objective of the committee was to develop the overall plan which enables jurisdictions to apply for FEMA funds; and that disaster recovery is a function of the Department of Emergency Management. 10. Draft Customer Service Definition — Nina Regor Deputy City Manager Regor explained that one of Council's last year's goal was to have an official customer service program; and that the first step of such a program is to define what customer service means; that the interdepartmental task force drafted that definition as explained in her PowerPoint presentation. Council thanked Ms Regor for the presentation; and Ms. Regor mentioned that the plan will be finalized and eventually included as part of the City's webpage. 11 CenterPlace Technology — Mike Jackson Parks and Recreation Director Jackson explained that staff previously presented various options to Council concerning installation of fiber -optic cable at CenterPlace; and part of that discussion included the possibility of T1 lines rather than fiber option. Mr. Jackson explained that they are revising that again and now have three Ti lines; but that overall it was determined that the best alternate is the use of fiber to connect City Hall to CenterPlace; adding that IT Specialist Bing is working on the details with Columbia Fiber. Director Jackson also mentioned that the recurring monthly fees (with the fiber use) would be approximately $1300.00, compared with the current monthly cost of $435, plus the build cost estimated at $23,000. In response to council question, Mr. Jackson indicated further study would be needed concerning video - conferencing transmitting, and if that were pursued, it would be more of a viewing site rather than a transmitting site. Director Jackson concluded that he is open to guidance at this point, that they are serving the current needs, but will likely need fiber in the future. After Council /staff discussion on the topic, including what Comcast does or does not currently provide, it was concluded that Mr. Jackson will find out what service is needed or what would be optional to provide, and then determine what type of technology will be needed to accomplish that goal. It was moved by Councilmember DeVleming, seconded, and unanimously agreed to adjourn. The meeting adjourned at 8:52 p. m. ATTEST Diana Wilhite, Mayor iristine Bainbridge, City Clerk Council Meeting: 05 -09 -06 Approved by Council: 05 - 23 - 06 Page 7 of 7 E !Ilil Ibld NAME PLEASE PRINT mime, vita I I 141 QQM . TOPIC OF CONCERN YOU WILL '11 U,('. 41ERE jB' WI MINOI II O I ll' . ADDRESS TELEPHONE 11 ?, 01-0.e 4 Sena_1' — 0 e. V '0€i ) I ^'A P. Z 1' ( Z,_ ��." ("zi d ff' D0/0a -`R/ /�/'S' #70 G - //ei1c 9 S5'^ 1700 i� 10 3 1 I CI ' ViatlY t 1t ii SIGN -IN SHEET SI'OKANE VALLEY CITY COUNCIL MEETING DATE: May 9, 2006 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO TIIREF MINUTES May 9. 2006 Mary Pollard. Chairwoman North Greenacres Neighborhood 17216 E. Baldwin Ave. Greenacres, WA 99016 Honorable Mayor Wilhite and Council Members, We strongly urge that City of Spokane Valley to make a resolution to have Washington State parks and Recreation Commission transfer the properties that are under consideration of disposal. to our jurisdiction. This would preserve these river properties as a legacy for the future recreation use, passive enjoyment. and habitat of wildlife along the river. We ask that the City please send someone to the hearing, this Thursday to emphasize the importance we place on preserving this land, a natural resource of irreplaceable worth. North Greenacres Neighborhood brought this up at our neighborhood meeting last Wednesday and has 62 signatures in support of this being transferred to the city. We have worked very hard since we discovered the public notice to alert the entire community. since the Centennial Trail is enjoyed by all jurisdictions. This is a joint effort that we can join hands in protecting. The fact this almost escaped notice, and could have been lost heightens the need for action. Retention of solely the 200 ft. of shoreline is not stewardship. We are deeply concerned. Mike Jackson has worked very hard and we would also like to thank Mike Bassinger for the excellent map he provided to help relay information to the public and all concerned. Please ensure the retention of the public ownership of all parts of these parcels. Sincerely, Mary Pollard Chris Bainbridge From: Annette Halverson [halverson97 @hotmail.com) Sent: Tuesday, May 09, 2006 10:15 AM To: Chris Bainbridge Subject: our public comment for tonight From: Kevin and Annette Halverson 19124 E. 2nd Ave. Spokane Valley, WA 99016 509 - 027 -5947 Dear Councilmember: We will not be able to attend tonight's meeting regarding the use of off -road vehicals in residential areas tonight due to a prior family comittment. We do not want this to appear as if we are not strongly interested in having this measure be passed by your council since we have spent the last 2 years, along with our neighbors, trying to make this happen. We missed the last hearing as Mike Connelly knows, because we were not notified that the issue would be on the agenda at the meeting. We have always been notified in the past, as we were this time, but unfortunately did not know until it was too late. This is what we would Like to say about the issue because we will not be there tonight to speak during public comment. For the past 2 years our neighbors at 19025 E. 4th have been riding motorcycles for hours on end on a regular basis in their back yard. Almost always they have friends come with motorcycles in trucks and 4- wheelers and ride for hours on end. This is especially the case on the weekends. This has been a horrible noise and dust nuisance for us and our neighbors and has prevented us from enjoying the outdoor use of our own property. The noise is irritating and unreasonably loud, and the clouds of dust from the constant riding of often 3 -5 big motorcycles has been unbearable and has coated our house, play equipment and shop. All of us neighbors tried to work with the home owner, but many of us have been met with very disrespectful and aggressive behavior from the homeowner at 19025 and can only turn to the city of Spokane Valley for a lawful solution to this problem. We have been passed from Crimecheck to code enforcement, to the council, the city attorney, to the planning commission and now back to you. Please pass this ordinance so we and our neighbors and the other citizens of Spokane Valley who live in close proximity to one another can enjoy our properties, family barbecues and peace and quiet. As the city develops more and more residential housing this problem will arise more frequently and this is now the opportunity to take care of it while it's in your hands instead of going through this process again. Please let our hard work and your hard work pay off and pass this law. Thank you so much, feel free to call us if you have any more questions. Thank you and good luck, Sincerely, Kevin and Annette Halverson 19124 E. 2nd Ave, Spokane Valley 99016, 509 - 927 -5947 FREE pop -up blocking with the new MSN Toolbar — get it now! http: / /toolbar.msn. click- url.com /go /onm00200415ave /direct /01/ 1 Chris Bainbridge From: Richard Munson Sent: Monday, May 08, 2006 8:06 PM To: Bill Gothmann; Branch, Carabelle; Cary Driskell; Chris Bainbridge; Dave Mercier; Diana Wilhite; Dick Denenny; Gary Schimmels; Mike Connelly; Mike Devleming; Nina Regor; Richard Munson; Steve Taylor; Sue Golman Subject: Franchise Authority Importance: High Attachments: Franchise authority.doc wrrtir Franchise uthority.doc (40 KB. Best Regards, Rich I know all of you have seen the letter the City of Spokane and Comcast sent to Congresswoman McMorris. Attached is an article from NLC explaining in more detail what this bill will do to Cities. I will ask the council to authorize our Mayor to send Congresswoman McMorris an email that will agree with Spokane City's position which is to oppose the bill. I apologize for dropping this on you at the last minute, but since the vote is this week, we have little time to consider our action. As you saw in my email to Jim Haggerton, I have posed some questions about mitigating measures that may help us. Jim is the AWC representative on the NLC Telecommunications Committee. I figure either Cathy or NLC will know how to accomplish this or if we have chance to mitigate. Richard M. Munson Council Member Spokane Valley 1 NLC Stands Ready To Defeat Latest Assault On Local Franchise Authority by Alexander Ponder and Jimmy Gomez In the face of recent legislative developments, cities must stand together to defeat the Communications, Opportunity, Promotion and Enhancement (COPE) Act telecommunications bill that passed the House Energy and Commerce Committee on April 26.With action by the full House expected this month, NLC has issued a call to action for all local officials to contact their representatives in Congress and tell them to vote no on COPE. The bill represents the latest attempt of the federal government to strip meaningful authority away from cities. COPE would eliminate local franchising of video /cable service, preempt local oversight of the rights -of -way, provide insufficient enforcement and audit authority, undermine local governments financially by limiting revenues and oppose "build -out" obligations on the presumption that market competition will bring high -speed service to all consumers. The negative impact of these changes would reverberate in the pocketbook of every city — big and small — throughout the country. NLC, as well as a coalition of national groups that represent local interests on telecommunications legislation, opposes the COPE bill. Local elected leaders welcome new video competitors into the marketplace to drive down prices and increase service quality. Current efforts of reform, however, will significantly undermine cities' ability to perform their core functions. Franchising is an essential local tool municipalities use to manage public roads and to protect public safety when they grant private companies access to local streets and sidewalks. Franchising also ensures public compensation when a private company uses public land to sell services to their customers. The bill strips local governments of their authority to franchise the use of public rights of -way for video /cable services and gives that authority to the federal government. The Federal Communications Commission has never had the authority to regulate local public rights of way and has no expertise concerning local streets, sidewalks, public safety or traffic patterns. COPE gives the federal government the authority to oversee all local rights of way management practices and all customer service issues. In addition, the legislation allows broadband /video service providers to pick and choose which neighborhoods they want to serve while bypassing all others completely. The bill would also allow broadband /video providers to avoid maintaining or upgrading facilities in poorer neighborhoods while affluent neighborhoods receive cutting - edge services and lower prices. The telecommunications reform bill, as it now stands, will, in effect, muzzle the voices of consumers and local governments. If enacted, consumers will be at the mercy of telecommunication giants and the federal government when faced with concerns about their television and advanced Internet services. This measure leaves the door wide open for service providers to pick and choose which neighborhoods get premium services and which get no service at all. The legislative battle occurring in Congress to determine who benefits from telecommunications reform will have long- lasting consequences for consumers and local governments. Local officials must go on the offensive and send a powerful message to members of Congress to respect the authority of cities in telecommunications and when it comes to matters that are inherently local. Local officials can make their voices heard on this important issue through various means, including calling, writing or meeting with their members of Congress. NLC's staff is available to assist in efforts to defeat the current telecom bill. By visiting NLC's Grassroots Action Center at www.nlc.org, members can find: legislative updates; localize and personalize templates; and talking points on the impact of telecommunications reform on cities. Furthermore, local elected officials are encouraged to write op -eds to highlight the benefits of city authority over telecommunications matters. Every phone call, letter, meeting and op -ed will make the difference in this struggle to protect the interests of cities and consumers. Local Government Champions on Telecommunications When the House Energy and Commerce Committee voted on April 26, 42 to 12 to support the Communications, Opportunity, Promotion and Enhancement Act (COPE), without approving any of the amendments to protect local government interests, there were members of the committee who voted in support of a substantial number (or all) of the amendments supported by NLC and voted against the final committee legislation. As local governments move to mobilize opposition to COPE when it is considered by the full House of Representatives, if you are a local government official in any of these districts, please take a moment to thank these members of Congress for their support of your community: Reps. John Dingell (Mich.); Henry Waxman (Calif.); Edward J. Markey (Mass.); Anna. Eshoo (Calif.); Diana L. DeGette (Colo.); Lois Capps (Calif.); Mike Doyle (Pa.); Thomas H. Allen (Maine); Janice D. Schakowsky (111.); Hilda L. Solis (Calif.) and Ta.mmy Baldwin (Wisc.).