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2005, 02-22 Regular Meeting MinutesAttendance: Diana Wilhite, Mayor Steve Taylor, Councilmember Gary Schimmels, Councilmember Mike Flanigan, Councilmember Mike DeVleming, Councilmember Dick Denenny, Councilmember Absent: Rich Munson, Deputy Mayor MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 22, 2005 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 61 meeting Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director John Hohman, Senior Engineer Tom Scholtens, Building Official Mike Jackson, Parks and Recreation Director Cal Walker, Police Chief Steve Worley, Senior Engineer Greg "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Barry Foster, Valleypoint at Pines gave the invocation. PLEDGE OF ALLEGIANCE Mayor Wilhite led the Pledge of Allegiance. ROLL CALL It was moved by Councilmember Denenny and seconded by Councilmember DeVleming, to excuse Deputy Mayor Munson from tonight's meeting. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. APPROVAL OF AGENDA It was moved by Councilmember DeVleming, seconded by Councilmember Flanigan, and unanimously agreed upon to approve the amended agenda as presented. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Schimmels: reported that he attended last week's AWC legislator's conference in Olympia. Councilmember Taylor: mentioned that he also attended the AWC legislator conference; that today he was part of a conference call to the Assistant Secretary of Commerce where discussion was held regarding changes to be made to federal development grants, including the CDBG (Community Development Block Grant), and that the issue will continued to be monitored. Councilmember Flanigan: stated that he attended a five -hour Public Health District retreat last week concerning policy and direction for the district. Councilmember Denenny: announced that there will be a STA (Spokane Transit Authority) meeting Thursday night and prior to that meeting, a public hearing will be held regarding route changes, and he encouraged all interested parties to come and testify. Councilmember DeVleming: reported that the SAC (Student Advisory Council) is addressing issues such as guns in schools; and they will hopefully involve the Sheriff and Police Department, and mental health representatives to address some of the homeless and transient issues; and that he also attended a Centennial Trail Board retreat. Council Meeting: 02 -22 -05 Page 1 of 4 Approved by Council: 03 -08 -05 VOUCHER LIST DATE VOUCHER Number(s) TOTAL VOUCHER AMOUNT 02 -04 -05 6259 -6293 (less 6268) 62,581.96 02 -11 -05 6294 -6326 398,330.64 GRAND TOTAL 460,912.60 MAYOR'S REPORT: Mayor Wilhite reported that the Council/Staff winter retreat was held last Saturday; that she attended a Spokane Homeowners Resource Center Board meeting, an EDC (Economic Development Council) annual meeting, and mentioned that the University of Phoenix now has a classroom facility in our City; that she attended interviews for Fire District #1 fire chief and attended a reception for retiring Chief Grover; and announced that the new fire chief is Mike Thompson, scheduled to start March 1. 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. (Note: Council may entertain a motion to waive reading and approve Consent Agenda.) a. Approval of Regular Council Meeting Minutes of February 8, 2005 b. Approval of Council Workshop Notes of February 12, 2005 c. Approval of Council Study Session Minutes of February 15, 2005 d. Approval of Payroll of February 15, 2005 of $104,834.20 e. Approval of the Following Vouchers: It was moved by Councilmember DeVleming and seconded by Councilmember Flanigan to waive reading and approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. OLD BUSINESS: 2. Unfinished Business: Tabled Item: Lodging Tax Advisory Committee Appointment — Diana Wilhite It was moved by Mayor Wilhite and seconded by Councilmember Flanigan to remove this issue from the table. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to confirm the Mayoral appointment of Liz Beck to the Lodging Tax Advisory Committee for a term of two years. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to confirm the Mayoral appointments of Peggy Doering and Lisa Bracco to the Lodging Tax Advisory Committee for a term of one year and two years respectively. Mayor Wilhite invited public comment: Tony Lazanis asked for background information on the proposed appointees and what they would be doing. Councilmember Flanigan gave a brief background on each candidate. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS 3. First Reading Proposed Ordinance 05 -011 Placing On Ballot, Annexation to Spokane Co. Library District — Nina Regor After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded by Councilmember DeVleming to advance ordinance 05 -011 to a second reading. Deputy City Manager Regor explained the issue as previously discussed at the February 8, 2005 council meeting, and went through the timeline necessary to place the matter on the ballot. She also mentioned that the sixth "Whereas" on the ordinance would change to an effective date of January 1, 2006 rather than December Council Meeting: 02 -22 -05 Page 2 of 4 Approved by Council: 03 -08 -05 31, 2005. Mayor Wilhite invited public comment. Tony Lazanis asked several questions concerning the library's budget, the library's reserves, and the need for another facility. Mayor Wilhite responded by suggesting Mr. Lazanis acquire those figures from the Library. After brief discussion concerning whether to suspend the rules, it was determined that the timeline is such that suspending the rules would not be necessary. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading Proposed Stormwater Ordinance 05 -013 — John Hohman After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded by Councilmember DeVleming to advance ordinance 05 -013 to a second reading. Senior Engineer Hohman explained the changes as per the draft, highlighted ordinance, including a proposed change of the word "shall" to "may" under section 10.09.08.07: "Drainage ponds and swales located in Garrison or other standard soils s14411 may use the equation below to determine the size of the facility." Mayor Wilhite invited public comment. Dick Behm, 3626 S Ridgeview Drive, stated he would like to see the definition of "property owner" to include all government entities, schools, etc, as the words "property owner" are too broad and can be too easily misconstrued. Deputy City Attorney Driskell explained that the term is clearly defined within the law and he does not perceive that as a potential problem. After brief council discussion it was Council consensus to change the word "shall" to "may" as explained above. Mayor Wilhite invited further public comment; no further comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: UAA Petition Nina Regor [public comment] Removed from the agenda as the issue was addressed at the special February 22, 2005, 8:00 a.m. meeting. 5. -6 Motion Consideration: Local Agency Agreement, Federal Aid Project Prospectus — Steve Worley a. Dishman -Mica Road Project It was moved by Mayor Wilhite and seconded to authorize the City Manager or designee to execute the Local Agency Agreements (for each phase of the project as needed) and Project Prospectus for the Dishman -Mica Road Rehabilitation Project. Engineer Worley explained that this is more of a housekeeping item, that the grant was previously approved as was the list of projects as they are all part of the six -year transportation program, and we now need the agreements and project prospectus signed. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. b. Broadway Project It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to authorize the City Manager or designee to execute the Local Agency Agreements (for each phase of the project as needed) and Project Prospectus for the Broadway Avenue Overlay Project. Engineer Worley explained that this is the same situation as the item just approved. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. c. Appleway Project It was moved by Councilmember Taylor and seconded by Councilmember Denenny to authorize the City Manager or designee to execute the Local Agency Agreements (for each phase of the project as needed) and Project Prospectus for the Broadway Project. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Student Advisory Council Use of Spokane Valley City Logo — Councilmember DeVleming It was moved by Councilmember DeVleming and seconded by Councilmember Flanigan that Council approve the use of the City logo on the Student Advisory Council letterhead. Councilmember DeVleming explained that the Student Advisory Council is a sanctioned portion of our government and that they have now drafted their letterhead, and would like approval to include the City of Spokane Valley logo. Mayor Council Meeting: 02 -22 -05 Page 3 of 4 Approved by Council: 03 -08 -05 Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: No comments were offered; although there was brief discussion concerning the process for taking public comments. It was determined that the issue can be further discussed when the Governance Manual is reviewed later this year for potential changes. ADMINISTRATIVE REPORTS: [no public comment] 7. Revisions to Nuisance Code (garage sales) — Cary Driskell Deputy City Attorney Driskell stated that Council previously discussed some on -going problems last month concerning certain neighborhoods where some citizens have what appears to be perpetual yard sales; and that the proposed ordinance would amend the current nuisance ordinance to include the definition of a yard sale, and that holding such yard sale on a frequent basis, as stated in the proposed ordinance, would be prohibited. There was some Council discussion on the definition of a personal item, of addressing the selling of motorized vehicles, and of the intent to address the property owner who uses their residential property for a perpetual yard/garage sale. It was Council consensus to move this item forward for a first reading. 8. CenterPlace Fiber Connection — Mike Jackson Parks and Recreation Director Jackson explained that based on the premise that CenterPlace will be technologically advanced, staff has been researching various options for telephone and internet service including high speed/high capacity internet, wireless services, and video conferencing; and that the option recommended by staff is "lit" fiber and full internet services provided by Time Warner, Inc. Mr. Jackson also explained that there would be a one -time installation fee of $48,000 to run fiber to the building, and a fixed monthly cost of $2,300 for five years, and that at the end of that period, the fee would be re- negotiated. IT Specialist Bingaman explained the issues surrounding fiber, internet, and phone costs, including fiber versus T -1, dark fiber and lit fiber, and cost to build and monthly re- occurring costs; adding that as technology continues to evolve, fiber is the choice over T -1; although it was mentioned that the College will be using T -1 for their own purposes. Council discussion included the investment necessary for a high -tech facility, the primary uses of the facility, backup consideration, and all the accompanying costs. It was Council consensus to move this issue forward for a future motion (with Councilmember Taylor voicing his opposition due to cost). Councilmember Taylor indicated he would like an analysis of who we expect to use the services, and how much (and how) we expect to recover some of the costs in renting out the facility, including what staff will use and taking into consideration the uses of the Senior Center. As there was no further business, it was moved by Councilmember Flanigan, seconded by Councilmember DeVleming, and unanimously agreed upon to adjourn. The meeting adjourned at 7:31 p.m. / Christine Bainbridge, City Clerk 1-cau,Le„W Loc,1_ Diana Wilhite, Mayor Council Meeting: 02 -22 -05 Page 4 of 4 Approved by Council: 03 -08 -05 Proposed Annexation into Spokane County Library District Nina Regar, Deputy City Manager February 22, 200.5 History • Area annexed to SOLD from 1943 -2003 • According to state law, annexation to Library District ended upon incorporation • City contracted with SOLD for 2004, with Tong- term options to follow • Through managed competition, City contracted with SOLD to provide service from 2005 -2009 February 2.2, 2005 krrnoxalion Into SCLD 2 1 Annexation Background Info • Only cities with Tess than 100,000 population may annex to a library district • Annexation requires voter approval • Library district directly levies taxes upon the properties within its boundaries • Service oversight is through the library district's Board of Directors • District Board members are appointed by the County in which the library district resides February 22, 2005 Annexation into SCLD 3 Annexation Election Procedures • Notify State Librarian of proposed ordinance • City Council adopts ordinance • SCLD Board adopts concurring resolution • Board of County Commissioners adopts resolution • Elections Office notified 45 days in advance of election • Election held • Results submitted to County Assessor and state Department of Revenue February 22, 2005 Annexation into SCLD 4 2 Election Timeline • In order for the annexation to take place by 2006, the election results must be certified by June 1 rwNn 0,5405 Yam nay IT VW. n...n, r.>v.12.mf ilE...n.a ypdnra. t_, ...Y.ra. d, 175 no Wawa rM.S, 4501.:13C O..M Yr.. RnM ..n t.a..+ ae.. .ndf Jan. 15,3005 O[iDYY1s5 1 I N.cn6..Y vIo 1.,7]15 •.-N, r.Mnq 2t.1r=5 *°3 run.n, Yarn 33,3(5 1 M. Br.Y ...Iv *IMO. • :MI Cw.ray rndr, I1,..hr,YN 11, 2715 YAlan, - , M. SL,1P?1 pa.. n 1Y.• ebdv. r- neo�.l.aua.. ....an. =IS cae}nan February 22, 2005 Annexation into SCLD 5 Draft Ordinance • Annexation election to take place May 17, 2005 and be effective January 1, 2006 • Election to be a mail -in election • Cost sharing with other ballot measures • State periodically requires voter address certification and a mail -in election satisfies that requirement • Five -year contract with SCLD ends upon annexation February 22, 2005 Annexation into SCLD 6 3 Draft Ballot Language • Shall the city of Spokane Valley be annexed to and be a part of the Spokane County Library District? (Yes /No) February 22, 2005 Annexation into SCLD 7 4 Spo kane Student Advisory Council OFFICERS Mike Green Council Chair Central Valley High School Katie Osterback Vice Council Chair University High School Victoria Benson Un ivcrsity High School .j Valley Randee Berg Council Historian Central Valley I -Iigh School COUNCIL MEMBERS Kellie Brennan Fast Valley High School Amanda Clardic East Valley High School Paul Heim University I lieh School Steven Leeberg Wet Valley High School .Ioseph Neaves West Valley High School Laura Schlcct Valley Christian Debi Gallagher Business Representative Mike DeVleming City of Spokane Valley Mike Jackson City of Spokane Valley 11707 East Sprague Avenue, Ste. 120, Spokane Valley, WA 99206 509.921.1000 / SAC@spokanevalley.org z -220