2006, 06-27 Regular Meeting Minutes Minutes
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
Council Meeting #94
Tuesday, June 27, 2006
Mayor Wilhite called the meeting to order at 6:00 pm and welcomed everyone to the 94th meeting.
Attendance: City Staff:
Diana Wilhite, Mayor Dave Mercier, City Manager
Rich Munson, Councilmember Nina Regor, Deputy City Manager
Dick Denney, Councilmember Mike Connelly, City Attorney
Bill Gothmann, Councilmember Ken Thompson, Finance Director
Gary Schimmels, Councilmember Neil Kersten, Public Works Director
Mike DeVleming, Councilmember Marina Sukup, Community Development Director
Cal Walker, Police Chief
Mike Thompson, Fire Chief
Absent: Mike Jackson, Parks and Rec. Director
Steve Taylor,Deputy Mayor Tom Scholtens, Building Official
Mike Basinger, Associate Planner
Carolbelle Branch, Public Information Officer
Bing Bingaman, IT Specialist
Carrie Acosta, Deputy City Clerk/H.R. Assistant
Deanna Griffith, Administrative Assistant
INVOCATION: Pastor Darrell Cole, Spokane Valley Wesleyan Church gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance.
ROLL CALL: Deanna Griffith, substituting for City Clerk Chris Bainbridge, called roll; all Council
members were present except Deputy Mayor Taylor. It was moved by Councilmember Gothmann,
seconded and unanimously agreed to excuse Deputy Mayor Taylor from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Councilmember Munson, seconded, and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Wilhite acknowledged
members from Boy Scout Troop 415.
COMMITTEE,BOARD, LIAISON SUMMARY REPORTS:
Councilmember Denenny stated he attended the intergovernmental meeting on joint planning. He stated
he would like to commend Councilmember Munson for time and effort he put into the meeting and the
grace in which he handled it. He reported he attended Health Board meeting and a sewer meeting, where
he received the final draft, and would be attending this Thursday's final meeting in regard to the sewer.
Councilmember Munson reported he attended the intergovernmental meeting with the Boundary Review
Board, Spokane County, City of Spokane, City of Spokane Valley to discuss joint planning. He also
attended an Association of Washington Cities (AWC) meeting, and was voted Vice President of the
organization. He mentioned that the AWC includes 280 cities, that it is an honor to be in that organization
and an honor to have been elected to this office, and that he will be eligible to serve as President next
year.
Council Minutes: 06-27-06 Page 1 of 6
Approved by Council:7-25-06
Councilmember DeVleming also attended the AWC conference; he attended discussion in regard to
Broadway changes; and he thanked staff for an informative retreat last Saturday, he also thanked
Councilmember Denenny for the ability to use his home for the retreat.
MAYOR'S REPORT: Mayor Wilhite stated she attended a Community Trade and Economic
Development (CTED) meeting on intergovernmental cooperation and joint planning; she attended the
AWC conference; she was taped by Comcast for CNN to talk about the City's accomplishments; and she
also attended the Indians opening night game and drew the ticket for the High School Senior with perfect
attendance in their Senior year to win a car.
PUBLIC COMMENTS: Mayor Wilhite invited general public comments.
Robert B. Johnson, 1115 Balfour Court. he spoke about the re-striping of Broadway, and questioned how
two lanes could be pushed into one lane, said that the center lane is nothing but a parking spot. He stated
he hasn't seen many bikes on Broadway; and questioned why pedestrians and bikes can't get together and
use the sidewalk; and stated that he wondered why the four council people who were for it could not get
together and re-discuss it; and said that other roads that people talked about do not have as many cars on it
as Broadway.
Scott Derrick, 916 N. Woodruff: said that he owns a small business, he is opposed to not being able to
have one reader board to advertise his business; that he has a small restaurant and he lives and dies by the
sandwich board being out on the street; that he sees other sandwich boards everywhere. He also stated he
has a business at 1510 N. Argonne, that the Shell station next door has a garbage dumpster that hides his
building and without this sign on the street,people do not even know he is there.
Dave Ross, 100 N. Mullan: explained that he has a little sign on the big sign for the building as some
people cannot find him; that his bigger concern is his son-in-law who has a chiropractor business, and
they can't advertise any of his specials; that they spent thousands of dollars to have new sign; and if he
were in the restaurant business, he would need a sign for the special of the day, and questioned how can
the City can enforce a sign code on someone's private property.
Eric Whalen, 100 N. Mullan: said he called several times to confirm that the sign code issues will be
discussed, and questioned why people don't know what is going on; that he has a pamphlet and things in
the pamphlet are not being enforced, and he asked why the businesses were not told this was going to
happen; said that he is being threatened with fines for his sign, that he wants to put up his sign, and stated
that he pays taxes. He mentioned that the bank was able to put in a large sign, yet he has not been able to
do this for six years.
Mayor Wilhite explained that the sign code will be discussed tonight and that citizens may comment as
the meeting moves forward. She also stated staff will work to keep the citizens as informed as possible;
and anyone wishing to be contacted in this regard, may leave their e-mail address with the City Clerk and
the Clerk will put that person's name on the list to receive future council meeting agendas.
Dave Ross, 100 N. Mullan: asked if council could have a moratorium on enforcement until a decision is
made to change the sign code.
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:
Council Minutes: 06-27-06 Page 2 of 6
Approved by Council:7-25-06
VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT
06-12-2006 9286-9333 $171,266.06
06-15-2006 9340-9365 $77,742.01
GRAND TOTAL $249,008.07
b. Payroll for Pay Period Ending June 15,2006: $159,555.55
c. Minutes of June 6,2006 Council Study Session Meeting
d. Minutes of June 7,2006, Council/County Joint Special Meeting
e. Minutes of June 13, 2006 Council Regular Meeting
It was moved by Councilmember Munson, seconded and passed unanimously to approve the Consent
Agenda..
NEW BUSINESS
2. Second Reading Proposed Ordinance 06-015 Amending SVMC Title 10, Construction Work and
Activity within Right-of-way—Tom Scholtens
After Ms. Griffith read the ordinance title, it was moved by Councilmember DeVleming and seconded to
approve Ordinance 06-015, amending Spokane Valley Municipal Code Title 10, Construction work and
Activity in the Right of Way. Tom Scholtens, Building Official made a presentation to the Council in
regard to the preceding actions concerning amending this section of the City Code. He stated that Deputy
City Attorney Driskell asked to have the liability insurance levels included in this amendment. He
answered the question of whether the Director of Community Development would be the one to approve
longer times for bigger projects, and said that rather it would be the Public Works Director. Council
discussed changes and asked questions. Mayor Wilhite invited public comment, there were no public
comments offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion passed.
3. First Reading Proposed Ordinance 06-017 Amending Property Maintenance Code—Mike Connelly
After Ms. Griffith read the ordinance title, Councilmember DeVleming asked City Attorney Connelly if
this was a housekeeping item and he stated that it was. It was then moved by Councilmember Munson
and seconded, to suspend the rules and approved Ordinance 06-017 Amending Property Maintenance
Code. City Attorney Connelly explained that this was a maintenance code that the city does not wish to
enforce., and that it goes into greater detail beyond anything the City could enforce, and that the City has
other ordinances that will take care of the issues we are concerned with. Mayor Wilhite invited public
comment, no public comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:
Non. Abstentions:None. Motion passed.
4. First Reading Proposed Ordinance 06-018 for Street Vacation STV 02-06—Mike Basinger
After Ms. Griffith read the ordinance title, it was moved by Councilmember Munson to advance
Ordinance 06-018 for Street Vacation STV 02-06 to a second reading. Mike Basinger, Associate Planner
explained the proposal for the vacation of McMillan Street, and said that the developer has proposed an
85 lot subdivision; that the street is already vacant, and it is only 30 feet wide. Mr. Basinger mentioned
that at the Planning Commission public hearing one person opposed the vacation; and all adjacent
property owners are in favor of this vacation. He said that the one person who spoke against the vacation
was Linda Rew who has a concern with one of the streets ending at her property. Mr. Basinger stated that
the Planning Commission voted to recommend approval if council accepts stated conditions.
Councilmember Munson asked about the woman who complained, and if the Planning Commission feels
that the Hearing Examiner would deal with this issue of lights. Director Sukup stated that the Planning
Commission could only address vacation, this has not been to the Hearing Examiner and mitigation is not
for the Planning Commission to determine. Councilmember Denney asked if there is anything in the Code
for municipal compensation for street vacation; and Director Sukup stated that Council may require it but
Council Minutes: 06-27-06 Page 3 of 6
Approved by Council:7-25-06
it has not been an issue so far, and Council can reserve the opportunity to ask for conveyance for a piece
of property. Councilmember Munson mentioned that it has never been improved, and Councilmember
Gothmann questioned that since nothing says that it would cause a hardship to a developer to not approve
the vacation, so why can we not use the street. Councilmember Denenny asked if the enhanced value
would be just compensation for this vacation. Mayor Wilhite invited comments from the public.
Mary Pollard, 17216 E. Baldwin: Ms. Pollard stated that if a resident is concerned with issues of lights
and safety, the Hearing Examiner does not deal with mitigation; that she knows for a fact and is living
proof that no mitigations are taken into consideration. She asked council to please not sacrifice someone's
home for the good of someone else's pocketbook; and if that person has an issue, then stop and look at
things now. Ms. Pollard said that the Hearing Examiner does not take care of curbs or bushes or any
other factors.
Larry Rider, 19324 E Buckeye: Mr. Rider said that you cannot continue to carve up land to support six
and larger units per acre; and that developers cannot continue on this way; that when you come to put a
street into his driveway, he will be back for that too; adding that a developer does not want to redo the
plat to not allow less than six units per acres.
Mayor Wilhite invited further public comment; no further public comment was offered.
Councilmember Munson stated that he is aware of Ms. Pollard's concerns, and there is a street which runs
right to her house, and no mitigation issues were ever taken. Councilmember Denenny stated he would
vote against this because he would first like to review the authority of the Hearing Examiner, and would
like the opportunity to drive out and see the property. There was considerable Council discussion about
the plat design, the traffic that would be generated, and what the Hearing Examiner would be allowed to
do. City Attorney Connelly stated that the issue on the agenda this evening was the street vacation and
that it would be the appeal process that would decide if the mitigation factors were appropriate. Vote by
Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion passed.
5. Motion Consideration: Acceptance of Bid Award, Vactoring Services—Neil Kersten
It was moved by Councilmember Munson and seconded to approve the bid and award the contract for
vactoring services to AAA Sweeping. Public Works Director Kersten made a short presentation of the
bids and award process, followed by Council discussion concerning the qualifications of the award
winner, AAA Sweeping , how the money would be billed, and if all the drains would be cleaned in a
proper time frame. Vote by Acclamation: In Favor: Unanimous. Opposed: None., Abstentions: None.
Motion passed.
PUBLIC COMMENTS Mayor Wilhite invited general public comments.
Mary Pollard, 17218 E. Baldwin: she thanked Council for intervention and response in regard to the
things that were happening around her property; that transportation issues are looked over all the time by
engineers, and the developer's own engineers are inspecting work,which she stated, is like having the fox
guard the chicken coop. She said there have been problems such as open manholes; and mentioned that
those developers need to act like they are professionals.
Dick Behm, 3626 S. Richview Dr: he said that in the spring, weeds and grass grow, and he has noticed
that the streets have no weeds, and he commended Director Kersten and said that the City never looked
better.
Council Minutes: 06-27-06 Page 4 of 6
Approved by Council:7-25-06
ADMINISTRATIVE REPORTS:
6. 911 Board Update—Lorlee Mizell
Director Mizell of the 911 Program reported that last year the Center answered 360,000 calls, received
only 62 inquiries of which only 30 were founded. She said that staff is working hard and is doing a great
job, and as of today they have taken in 139,000 calls, which is an increase of 32%; and that staff is
keeping up with the calls. She explained that the Crime Reporting Center has received 31,805 calls. Ms.
Mizell said that model considerations for 2007 include having continued 24/7 support; or have 16 hours
of service, as calls between 1:00 a.m. and 6:00 a.m. are infrequent and many are non emergency calls.
She said that the Board must also consider replacement of the 911 phone equipment, and that each work
station is $55,000; that the existing phone system is old technology and cannot be upgraded, adding that
VoIP is the new technology and it will not adapt to the current system. She further explained the Public
Safety Answering Points are secondary points which are not on 911 truck lines, and then explained the
difference between the Crime Reporting Center and Crime Check, and mentioned the proposals for 211
and 311 calling; that having 311 calling would be used as a general government non-emergency
information line, which is expensive and not economically feasible for most government offices, while
211 is the first response phone calls for human services, which can help in the event of a disaster. She
said that 211 will be managed by Spokane Mental Health, funded partially by the United Way, and
partially funded from state, local, and/or federal grants. Ms. Mizell also stated that 311 calling can be
obtained through Qwest for an approximate fee of$190.00.
Mayor Wilhite called for a recess at 7:36 p.m., and reconvened the meeting at 7:45 p.m.
7. Sign Code Update—Mike Connelly
City Attorney Connelly gave an overview of the history of the sign code, which was passed June 14,
2005, and said that the City gave a six-month enforcement grace period, with enforcement beginning
January of this year. He explained that we have had fairly good compliance after initial contact; and for
those who did not comply, some cases have had to go to legal. He said that some instances involved
confusing or sensitive concerns; and now the sign code can be reviewed to simplify and/or clarify those
issues. Mr. Connelly said the process now is to ask the sign committee to review and make
recommendations to the Planning Commission for issues concerning portable signs, daily message and A-
frames, streamers/pendants/colored flags, and pole signs as permanent signs, such as Gus Johnson's,
Jaremko's or Jennifer's autos; and he mentioned that the Planning Commission will also consider
incorporating any Comprehensive Plan changes; and afterwards, the Planning Commission will make a
recommendation to the City Council. Mr. Connelly also advised against placing a moratorium on
enforcement, as that would"create a legal nightmare to take care of non-conforming issues."
Discussion among councilmembers covered abandoned versus obsolete signs, how long before they have
to be torn down; changing the structure of the sign committee, getting other people involved, reassigning
people, filling sign committee vacancies, and changing the size of the committee. Council voiced their
desire to have more interaction with sign committee members so committee members understand their
task. It was determined that staff will contact the last sign committee members to determine who would
like to continue to serve on the committee; that any committee vacancies will be filled, and Council will
decide whether to add members to the Committee and from which areas we would like to have them
added. Council will also consider which issues they want to have addressed.
8. Fire District#1 Report—Ken Thompson
Finance Director Ken Thompson explained that the City has a fee agreement with the Fire District, and
we have been asked to make changes to those fees; and one change is to have a $35.00 fee for each permit
rather than 35% of the total fee. Fire Chief Mike Thompson said that the department examined their fees
and determined they were not recovering costs for time and service provided, that they checked with other
jurisdictions,reviewed their fees and recommended the changes as noted.
Council Minutes: 06-27-06 Page 5 of 6
Approved by Council:7-25-06
9. Comprehensive Plan Amendment Process
City Attorney Connelly explained that there are two different processes for amending the Comprehensive
Plan; one is applicant driven, and one is the process to provide more information to adopt the Urban
Growth Areas. For the applicant driven process, Mr. Connelly explained that we could either do it now or
wait a year and half; that the process is based on guidelines, it must be noticed to citizens and the general
public 60 days prior to the change; must go before the Planning Commission and then on to Council, and
that the last date for submittal is November 1, 2006. Council expressed concern about the public process.
And stated they would like to find other ways to advertise this process, including the possibility of
distributing a public service announcement. Mr. Connelly said the general process will be codified in the
upcoming months; and staff will move forward to draft the ordinance to define this process.
Other Business:
Concerning Department Monthly Reports, Councilmember DeVleming made a comment that the
department reports require a great amount of time to prepare and asked if staff could switch to quarterly
reports, with the exception of finance and the police staying with the monthly report.
Councilmember Denney stated that the final Ecology/Sewer meeting has been postponed.
Councilmember Munson thanked the other Council members for staying late at the AWC meeting to
participate in the voting process and for helping him become elected Vice-President.
There being no further business, it was moved, seconded, and unanimously agreed to adjourn. The
meeting adjourned at 8:26 p.m.
Ui
Diana Wilhite, Mayor
ATTEST:
l
City Clerk/Deputy City Clerk
Counci Minutes: 06-27-06 Page 6 of 6
Approved by Council:7-25-06