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2005, 07-26 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 71 meeting Attendance: Diana Wilhite, Mayor Rich Munson, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Mike Flanigan, Councilmember Steve Taylor, Councilmember Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, July 26, 2005 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 Neil Kersten, Public Works Director Mike Jackson, Parks and Recreation Director Tom Scholtens, Building Official "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole, from Spokane Valley Wesleyan Church, 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 It was moved by Deputy Mayor Munson, seconded by Councilmember Flanigan, and unanimously agreed upon to approve the Amended Agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Schimmels: reported that he recently attended a field trip visit to a large farm in Boardman, Oregon where they have 93,000 acres of property, 90,000 diary cattle, and milk 7,000 cows per hour; that he also attended the Spokane Regional Transportation Committee Meeting; that last week he attended a Transportation Improvement Board meeting where staff presented a request to the Board for a time extension regarding the couplet, and another request to have a fund retention to keep things in motion, which request was granted. Councilmember Taylor: explained that he attended the Spokane Convention Visitor's Bureau Board meeting, and the sales staff reported on the new conventions which are coming to the area, and the implementation of the Destination Promotion Plan; and that tourism promotion area revenues are in excess of what was forecasted. Deputy Mayor Munson: stated that the Spokane Transit Authority (STA) Board met and that light rail research continues as they strive for accurate information; that he also attended a STA subcommittee meeting concerning the survey being drafted to ask the public how much and if, they are willing to pay for light rail; and he attended a legislative hearing today concerning the couplet and the Growth Management Act and how if affects new cities. Councilmember Flanigan: mentioned that he was a part of the interview /selection committee for the new city attorney; that he attended a meeting here with an urban planner who gave projections regarding what he felt the cities will look like in the future and how they could move forward; and along with the Mayor attended a kick -off reception for the American Dairy Goat Association. Council Meeting: 07 -26 -05 Page 1 of 6 Approved by Council: 08 -09 -05 VOUCHER LIST DATE VOUCHER Number(s) TOTAL VOUCHER AMOUNT 07 -08 -2005 7137 -7171 $129,467.64 07 -18 -2005 7172 -7235 $331,813.25 GRAND TOTAL $461,280.89 Councilmember Denenny: said that he chaired the STA meeting referred to above; and last Friday he attended the Spokane River TMDL (total maximum daily load) Collaboration UAA (use attainability analysis) meeting where workgroups worked on issues concerning re -use and flows, and that they are coming forward with a great deal of information as they put together a negotiation settlement with DOE (Department of Ecology), adding that there has been great cooperation within the group and that he feels the permit will soon be issued for a new system. Councilmember Denenny also reminded everyone of the televised STA meetings. MAYOR'S REPORT: Mayor Wilhite stated that she attended a presentation at St. Margaret's homeless shelter, which shelter provides funding, housing and services for the homeless, especially women with children, and mentioned that Bill Gates and the Boeing Company gave substantial amounts to the organization; she also attended the Northeast Mayor's meetings where various school boards were invited to discuss the needs for school facilities and other education issues; and she attended a barbeque picnic with the Seniors. PUBLIC COMMENTS Mayor Wilhite invited public comments. James Pollard, 17216 E Baldwin N Greenacres: spoke concerning a potentially unsafe area in the north Greenacres area housing development, where a natural drainage way was filled with a wall of dirt along his property; that the sloop is steep, he can't mow the area; and he attempted contacting the City Engineer but was informed that the developer is permitted to do what was done with the sloop; that Mr. Pollard feels the sloop design should be such so as not to cause harm to property owners; and suggested having at least a four -to -one slope or a retaining wall. Troy Allen, 5122 N Fruithill Road: explained that he was told to come to Council to see if could get a new zone for a piece of property he recently purchased under the comp plan. Mayor Wilhite explained that those issues will be coming up in the near future and staff will contact him to let him know of the date and time of those upcoming meetings, and that public comment will be taken at those meetings. 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 the Following Vouchers: b. Approval of Payroll of July 15, 2005 of $137,615.82 c. Approval of Council Executive Meeting Minutes of July 11, 2005 d. Approval of Council Meeting Minutes of July 12, 2005 e. Approval of Council Study Session Minutes of July 19, 2005 f. Approval of Resolution 05 -015, Amending Student Advisory Councilmember Terms g. Council Confirmation of Mayoral Appointment of Bradley Griffith to the Cable Television Advisory Board h. Approval of CenterPlace Change Order Authorization i. Approval of Contracts for Construction Services j. Approval of Council Executive Meeting Minutes of July 14, 2005 k. Confirmation of City Manager Appointment of City Attorney Council Meeting: 07 -26 -05 Page 2 of 6 Approved by Council: 08 -09 -05 It was moved by Councilmember Flanigan, seconded by Councilmember Taylor, and unanimously approved to waive the reading and approve the Consent Agenda. NEW BUSINESS 2. Second Reading Proposed Ordinance 05 -023 Amending Special Events — Mike Jackson /Cal Walker After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Munson and seconded by Councilmember Denenny, to approve Ordinance 05 -023. City Manager Mercier mentioned that the ordinance contains a scrivener's error in that each mention in the ordinance of "City Manager" should be changed to `Parks and Recreation Director" as per the draft submitted at the first reading. Parks and Recreation Director Jackson explained that the only other change is as noted, changing section 5.15.050, changing the minimum requirement from not less than 15 business days in advance of the event, to at least five days in advance of an event, adding that staff will encourage citizens to submit requests as early as possible, particularly for large events such as parades. During Council questions, it was mentioned that the insurance certificate would cost approximately $100 to $200 depending on the number of people attending each event. Councilmember Flannigan felt such requirement would be a detriment to such events and asked if the City Manager could waive the liability insurance requirement. Director Jackson explained that Lisa Pound of WCIA (Washington Cities Insurance Authority) encourages and recommends the coverage if such events barricade or block the street. Chief Walker also suggested changing section 5.15.060 from bond shall be required, to bond may be required. As the person making the motion, Deputy Mayor Munson stated he had no objection to the change as a friendly amendment; Councilmember Denenny concurred as seconder of the motion. Further discussion included the need for permits and insurance only if the street were blocked, the number (29) of national night out parties scheduled within our city limits; the purpose of the function; whether the County Sheriff's office sponsors the event (they do not but are an active partner in participation of numerous events); and the general idea of assumption of liability. Deputy City Attorney Driskell mentioned his concern that payment by the City for such insurance could constitute a gift of public funds as it would be for private benefit. Mr. Mercier said while not staff's intent to impede a council policy prerogative, he would be remiss in his responsibility if he did not suggest that it is beneficial for communities to come to concrete answers on legal concerns that are raised. Councilmember Denenny raised a point of order and questioned the procedure to add another separate item. Mayor Wilhite then invited public comment. The following spoke against the insurance requirement: Kathe Williams, 1721 S Davis Road explained that she has held a block party for 12 years, it includes 50 homes and they need the street as a venue to bring all those neighbors together; she encourages staff and council to examine whatever opportunities may be available to handle the insurance, including having the City bear the cost of the insurance. Marilyn Cline, 13303 East 10 has her own block party; she is a SCOPE volunteer and block watch captain; that the parties help rid the neighborhoods of undesirables; and if insurance is required, the parties will go away. Mary Pollard, 17216 E Baldwin Ave: just had their 15 annual party; feels would be terrible to have fees to have the neighbors get together. Further Council Discussion ensued regarding the need to help this endeavor without burdening the communities with the insurance issue; the idea of not requiring insurance for this particular event; to provide an exception for arterials and collectors or classify a certain type of road as exempt; to exclude any type of block party or community party; that timing is a concern; and finally that insurance is Council Meeting: 07 -26 -05 Page 3 of 6 Approved by Council: 08 -09 -05 currently required, and the suggested change tonight for the current ordinance, is the time factor of submitting an application for a permit. Councilmember Denenny, as stated previously, recommends passing the ordinance with the minor changes indicated, and add to the agenda a motion of consideration regarding how Council would like to address the issue of National Night Out. Councilmember Taylor mentioned that regarding the ordinance currently in force, that perhaps Council should take further consideration to determine if this is the preferred policy for special events, and he is not comfortable with singling out National Night Out over all other types of neighborhood block parties. Councilmember Denenny stated that if a minimum of three Councilmembers concurred to bring this ordinance back later for further amending consideration, that can be scheduled for such consideration. Vote on the motion to approve ordinance 05 -023, correcting the scrivener's error to change all references of "City Manager" to "Parks and Recreation Director," and in Section 5.15.060 bond required, changing the `Parks and Recreation Director shall" to "The Parks and Recreation Director may:" In favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. Citing point of order, Deputy Mayor Munson questioned when a new motion might be addressed tonight. City Manager Mercier suggested if Council wants to place a motion on tonight's agenda for consideration of National Night Out or insurance payment assistance, a vote can be taken to amend the agenda to include a motion of consideration It was moved by Councilmember DeVleming and seconded by Deputy Mayor Munson to amend the agenda to include an item #2a to discuss the insurance issue of National Night Out. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2a. Discuss the Insurance Issue of National Night Out It was moved by Councilmember DeVleming and seconded that the City of Spokane Valley waive the requirement of the insurance issue for National Night Out." Councilmember Taylor requested adding a friendly amendment to include "for 2005." The Friendly Amendment was rejected. Councilmember Taylor, in support of his reasoning for the change, questioned Council's desires to keep an ordinance intact that makes certain all block parties have insurance except for National Night Out as he feels that is not good policy, and if the ordinance needs amending, that should occur rather than wait until the next constituency group asks for a similar waiver. Councilmember Taylor moved, seconded by Councilmember Munson to amend the motion to include the words `for the year 2005." Vote to amend the motion: In Favor: Deputy Mayor Munson and Councilmember Taylor; Opposed: Mayor Wilhite, Councilmembers Schimmels, Flanigan, Denenny, DeVleming. Abstentions: None. Motion failed. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation on the motion that the City of Spokane Valley waive the requirement of the insurance issue for National Night Out: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Proposed Resolution 05 -014 Creating a Human Resources Analyst Classification and Job Description — Nina Regor It was moved by Councilmember Flanigan and seconded, to approve Resolution 05 -014 creating the human resources analyst classification and position description. Deputy City Manager Regor explained that the proposal to add this position was previously presented and it was Council consensus to proceed; that with a staff of approximately 60 employees and no staff member dedicated solely to fulfill personnel responsibilities, such position is needed; adding that funds were included in the recently approved 2005 budget amendment to fill the position. Mayor Wilhite invited public comment; no comments were offered. Council discussion included the need for the position, which they feel is a very real need, but discussed the salary range as substantially higher than what is found for that particular designation within this region; and that Council preferred this position to have a pay grade of 14 rather than 15. It was moved by Councilmember Taylor and seconded by Councilmember Denenny, to amend the motion to Council Meeting: 07 -26 -05 Page 4 of 6 Approved by Council: 08 -09 -05 change the pay grade to 14. Vote by acclamation to amend the motion: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. Vote by Acclamation on the amended motion to Approve Resolution 05 -014 creating the human resources analyst classification and position description with a grade of 14: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. 4. Motion Consideration: City of Spokane Valley Values — Nina Regor It was moved by Deputy Mayor Munson and seconded by Councilmember Taylor to approve the draft values statement. After Ms. Regor gave the PowerPoint presentation explaining the values, Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. 5. Motion Consideration: Dept. Emergency Management Contract — Cal Walker Police Chief Walker explained that the Board of County Commissioners recently decided to apply charges for Department of Emergency Management (DEM) services to the County's smaller cities and will charge all cities over 1,000 in population for their proportionate percentage of the total DEM allocation; that this does not present a substantial change to the contractual obligation and that Spokane Valley's share remains at .1913% and is applied to the total DEM budget as noted in the prior contract. It was moved by Deputy Mayor Munson and seconded by Councilmember Taylor that Council approve and authorize signatures for the contract based upon suggested changes. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. 6. Motion Consideration: Written Findings, Conclusions and Decision on APP 01 -05 — Cary Driskell It was moved by Councilmember Denenny and seconded by Councilmember Flanigan to adopt the draft proposed Findings Of Fact, Conclusions of Law, and Decision upholding the recommendation of the City Hearing Examiner in APP 01 -05. Deputy City Attorney Driskell explained the issue as per his July 26, 2005 Request for Council Action form, and stated that the Findings are consistent with that written decision of the Hearing Examiner. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. 13r4s4ie11 This item was removed from the agenda. PUBLIC COMMENTS Mayor Wilhite invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: [no public comment] 8. Governance Manual Committee Report — Councilmembers Denenny, DeVleming and Flanigan Councilmember DeVleming pointed to the few areas of concern, noting that some are merely grammatical errors or modifying words to make the statement more precise; and suggested placing this item on a future study session to discuss the issue, in particular that section dealing with public comments. It was Council consensus to place this issue on an upcoming study session for further consideration. 9. National Incident Management System (NIMS) Report — Cal Walker Chief Walker explained that this is the first touch on this issue, gave the background of administering a NIMS, and that compliance is expected to be required by September 2006 as a condition for federal preparedness assistance grants, adding that there is no charge for training in this regard. It was Council consensus to begin that process and return the issue for formal council consideration. Council Meeting: 07 -26 -05 Page 5 of 6 Approved by Council: 08 -09 -05 Mayor Wilhite called for a recess at 7:35 p.m. and reconvened the meeting at 7:45 p.m. 10. Probation Services Agreement — Cary Driskell Deputy City Attorney Driskell explained the agreement and background per his July 26, 2005, Request for Council Action form, and added that since there is no cost to the City, the language will be changed in Section 5 to state that payment of the services are as set forth in Exhibit 2. City Manager Mercier added that this is a transaction we don't need to be a part of and we can let the County conduct it while we gain the assurance of probation services, and allow those responsible under statute to conduct that business without our interaction. It was Council consensus to place this matter on the next Council consent agenda for adoption. 1 • • • 14 This item was moved into the "Information Only" category of the agenda. EXECUTIVE SESSION: Pending Litigation It was moved by Councilmember Flanigan and seconded, to adjourn into Executive Session for pending litigation for approximately thirty minutes, and that afterwards, a decision may be made. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. Council adjourned into Executive Session at 7:52 p.m. At approximately 8:30 p.m., Mayor Wilhite returned to Council Chambers and announced the Executive Session would be extended for approximately an additional 15 minutes. Mayor Wilhite declared Council out of Executive Session and reconvened the regular meeting at approximately 8:47 p.m. It was then moved by Councilmember Denenny and seconded by Councilmember Taylor to move item #1 1 from tonight's agenda, and place it on the legislative agenda for future consideration, and to send the matter to the Planning Commission. Vote by Acclamation: In Favor: Unanimous. Opposed: none. Abstentions: None. Motion carried. It was moved by Councilmember Flanigan, seconded, and unanimously agreed upon to adjourn the meeting. The meeting adjourned at 8:48 p. m. ATTEST: ristine Bainbridge, City Clerk Council Meeting: 07 -26 -05 Approved by Council: 08 -09 -05 Diana Wilhite, Mayor Wau Page 6 of 6 Date: July 26, 2005 To: The City of Spokane Valley Council From: James Pollard, 17216 B. Baldwin, 926 -8899 Re: Potentially Unsafe Sloping of Fill Material at a Housing Development The housing development, next to my property, has filled in a natural drainage way resulting in a wall of dirt along the entire east side of my property, the highest point being approximately 6.75 feet. This wall of material, has a relatively steep slope and will be difficult, if not unsafe to maintain by my new neighbors. Attempts to mow grass on these slopes would be comparable to pushing and pulling a lawnmower up and down a set of basement stairs with a door closed at the bottom, once my fence goes back up. My attempts at communication with the City engineering concerning this fill material have been unproductive. The developer is simply doing what he has been permitted to do. My intent is not to dictate what a developer may do on private property but, should a development's design be allowed to generate slopes which could potentially cause harm to these future property owners. These are not naturally occurring slopes, they are designed slopes to benefit the developer. My request to the city council is that our city would require at least a 4:1 slope, or use of a retaining wall. heft as they are, should a new neighbor become injured maintaining these steep slopes, l perceive a possible lawsuit against the City for allowing this developer to generate a safety problem on what formerly was reasonably flat ground. Also, this engineering design, which reverses the natural flow of water, flooded the property east of this development this spring. Use of drywells will supposedly rectify this. The city council should ask engineering if this elaborate use of drywells (which I hope were registered with the State) will still be functioning in 10 years. If not, who will be held responsible when flooding re- occurs?