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2004, 04-27 Regular Meeting MinutesAttendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, April 27, 2004 Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Marina Sukup, Community Development Director Cal Walker, Police Chief Ken Thompson, Finance Director Tom Scholtens, Building Official Steve Worley, Senior Engineer for CIP Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Bill Dropko of Greenacres Christian Fellowship Church led the invocation. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: City Manager Mercier stated that he would like to add item 12a: "Spokane County's Calculation of Committed Flowage to the Treatment Plant." It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the amended agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Munson: reported that he will be attending an AWC Meeting Friday concerning policy statements the AWC will be presenting to several cities in June. Councilmember Taylor: stated that he attended the Board Meeting for the Spokane Valley Chamber of Commerce, at which time there was no quorum but a briefing was received from the STA regarding the benefits of the proposed sales tax increase. Deputy Mayor Wilhite: explained that she attended a meeting of the Economic Development Council and that Mr. Eliassen will likely discuss the content of that meeting tonight; that she also attended a County Commissioner Meeting regarding wastewater. Councilmember Flanigan: said that he and Councilmember Denenny attended the Regional Board of Health meeting last week; and that he also attended the Health District's awards banquet for years of service. Councilmember Denenny: said that regarding the Regional Board of Health meeting, the meeting was well attended, that the issue of fluoridation was on the agenda, and that there is a sense that another initiative may come before the Board at a later time. Council Minutes 04 -27 -04 Page 1 of 4 Date Approved by Council: 05 -11 -04 MAYOR'S REPORT: Mayor DeVleming reported that the first "State of the City" presentation was held last week, that it was well received, and he thanked Council and staff for their assistance. PUBLIC COMMENTS: None were offered. 1. PUBLIC COMMENTS: Couplet Option 2A Public Works Director Kersten explained that Steve Worley will be giving a PowerPoint presentation on this issue, and that afterwards, the floor will be opened for public comment. Engineer Worley went through the presentation explaining option 2A, the other two options under consideration, the options not being considered, frontage road challenges, concerns and suggestions. Mayor DeVleming invited public comment: Lynn Hostetter, 4710 S. Farr Road: said he speaks on behalf of those who enjoy bike lanes, and wanted to know if bike lanes would be incorporated into this option. Public Works Director Kersten said all options include bike lanes. Mayor DeVleming invited further public comment; none was offered. After council discussion concerning the issue, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to remove Option 2A from further consideration. Councilmember Munson said he would prefer continuing investigation of developing the frontage road concept including estimated cost. Councilmember Taylor stated he feels funds would be better served investing in more cross - streets and right -of -way acquisition. Vote by Acclamation: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Taylor, Flanigan, and Denenny. Opposed: Councilmember Munson. Abstentions: None. Motion carried. 2. CONSENT AGENDA. After City Clerk Bainbridge read the consent agenda, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve the consent agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading Proposed Ordinance 04 -001 Towing Ordinance — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Denenny to approve Ordinance 04 -001. Deputy City Attorney Driskell discussed the issues of concern in relation to the ordinance, as outlined in his Request for Council Action form dated April 27, 2004. Mayor DeVleming invited public comment. Kay Seek, owner of Victoria's Towing: said she is not completely happy with the ordinance but will support it and asked Council to look at companies that do not do police tows, that don't have inspected equipment, and that don't have adequate insurance. Rodney Sanki, owner of Bulldog Towing: said he is content with the ordinance. Mayor DeVleming invited further public comment; none was offered. Councilmember Munson commended Attorney Driskell for his diligence in this issue. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Second Reading Proposed Ordinance 04 -015 Amending 2004 Budget — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve Ordinance 04 -015. Finance Director Thompson explained the amendments necessary to the budget as outlined in section one of the ordinance. Mayor DeVleming Council Minutes 04 -27 -04 Page 2 of 4 Date Approved by Council: 05 -11 -04 invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Reading Proposed Grading Ordinance 04 -016 — Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to suspend the rules and approve Ordinance 04 -016. Building Official Scholtens gave the background concerning the need for this ordinance, and said that this ordinance updates testing standards, provides new definitions and has been reorganized into a better working document to enable adequate preparation of building sites, parking lots and earthen berms. He added that the Department of Community Trade and Economic Development offered no comment, and that the proposed ordinance is supported by the Spokane Valley Community Development and Public Works Departments. Councilmember Munson suggested adding the definition of critical areas on page five, and to change the wording on page eight, subparagraph three to read "and requiring no more than 20 feet." As maker of the motion and seconder, Mayor DeVleming and Councilmember Flanigan stated they had no objection to the changes. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried to approve the ordinance with the two noted changes. 6. First Reading Proposed Ordinance 04 -017 Adopting Municipal Code — Chris Bainbridge After City Clerk Bainbridge read the ordinance by title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance Ordinance 04 -017 to a second reading at a date to be determined. Clerk Bainbridge explained that this is the first step in passing the ordinance to adopt the municipal code, that the draft code has been sent to council for review, and that she is in the process of proofreading the document. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Proposed Resolution 04 -012 Designating Change Order Authority — Cary Driskell/Neil Kersten After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to approve Resolution 04 -012. [Councilmember Munson left the room.] Public Works Director Kersten explained that to facilitate city business and provide for the convenience of those who provide goods and services, there is a need for the City Manager to have authority to execute changes in the scope of work on City projects, and that this resolution provides that authority, as noted in the resolution specifically under section 1. [Councilmember Munson returned to the dais.] Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Motion Consideration: Setting May 11, 2004 as the date for a Public Hearing to Consider Adoption of the Municipal Code — Chris Bainbridge It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to set May 11 as a public hearing to consider adoption of the municipal code. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. A copy of the Draft Municipal Code will be made available at the receptionist desk 9. Motion Consideration: Ratification of CenterPlace Change Orders — Neil Kersten /Steve Worley Engineer Worley explained the issue and added that the first change order is now no longer needed; and in that regard, it was suggested to refer to listed change order #2 as order #1. It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve change order #1. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: Mayor DeVleming invited public comment. None was offered. Mayor DeVleming called for a recess at 7:05 p.m., and reconvened the meeting at 7:14 p.m. Council Minutes 04 -27 -04 Page 3 of 4 Date Approved by Council: 05 -11 -04 10. Economic Development Council Presentation — Jon Eliassen, EDC President EDC President Jon Eliassen stated that he wanted to inform Council of that they were doing with the funds awarded them from the City, and went on to explain his two -page written "Quarterly Status Report January - March, 2004." 11. Stormwater Swale Evaluation -Scope of Services — Neil Kersten Public Works Director Kersten highlighted his included April 1 memo, and stated that tonight he seeks council concurrence to proceed with the engineering study and design which will be integrated into the design manual. Director Kersten said the estimated cost is $45,000, that funds are available within the budget, and that staff is working cooperatively with Spokane County and the City of Spokane in the development of the manual. Council concurred to proceed. 12. Report on Eastern Washington Growth Management Hearings Board Decision — Cary Driskell [City Attorney Schwartz left the dais to excuse himself from the discussion] Deputy City Attorney Driskell began by stating that City Attorney Schwartz has not taken part in any proceedings between the City of Liberty Lake and the City of Spokane Valley. Attorney Driskell then gave the background of the issue as noted on his April 27 Request for Council Action form, which also explains the results of the hearings held a few weeks ago, and added that he has been instructed to draft the final order to have to the Board by May 7, 2004. 12a. Spokane County's Calculation of Committed Flowage to the Treatment Plant — Dave Mercier/Neil Kersten City Manager Mercier reported that he met with County Commissioners this morning, and is concerned specifically with two situations: (1) the ability of Spokane County, in planning to expand the sewer capacity, to receive a discharge permit; and (2) the date when current capacity with the County and the City of Spokane fails to keep up with demands of service. Mr. Mercier said that County staff is working to calculate what the amount of committed capacity is versus today's flow, and added that we would like to know how many new developments the County can grant based on available sewer. Mr. Mercier said the STEP program must also be taken into consideration as there are still about 9,000 septic tanks that could be eliminated, but those sewer connections need to be made. Mr. Mercier then explained the scenarios as shown on the supplied information from Mr. Rawls. EXECUTIVE SESSION: It was moved by Mayor DeVleming and seconded by Councilmember Munson that Council retreat to the conference room for an Executive Session regarding employee performance; that the estimated time is no greater than 45 minutes, and that the Council will come back and adjourn. Council adjourned into executive session at 7:50 p.m. Mayor DeVleming declared Council out of executive session at 8:24 p.m., and at 8:25 p.m. it was moved by Councilmember Flanigan and seconded by Councilmember Denenny to adjourn. The motion passed unanimously. Christine Bainbridge, City Clerk Council Minutes 04 -27 -04 Date Approved by Council: 05 -11 -04 r Michael DeVleming, Mayo Page 4 of 4 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 L / Deputy Mayor Diana Wilhite- Position No. 1 Councilmember Dick Denenny - Position No. 7 Councilmember Mike Flanigan - Position No. 6 / Councilmember Rich Munson - Position No. 5 Councilmember Gary Schimmels- Position No. 4 Councilmember Steve Taylor- Position No. 2 , CITY OF SPOKANE VALLEY , COUNCIL MEETING DATE 7 " g9 - d COUNCIL ROLL CALL ADVISORY TO APPLICANTS FOR DEVELOPMENT APPROVALS BY THE CITY OF SPOKANE VALLEY (INCLUDING THOSE WITH UNEXPIRED DEVELOPMENT APPROVALS WHICH ARE NOT YET CONNECTED TO THE PUBLIC SEWER SYSTEM): Public sewer facilities in the City of Spokane Valley are owned and operated by Spokane County. Currently, the capacity of the regional wastewater treatment plant which is available to properties in the City is allocated to Spokane County rather than to the City. The City has been advised that the federal Environmental Protection Agency (EPA) has alerted the Washington Department of Ecology (DOE) that DOE should not issue any discharge permits until the ongoing Total Maximum Daily Load study has been completed, perhaps in early -2007. As a result, the County may consider adopting a County -wide moratorium on new connections to the sewer system served by the treatment plant in order to conserve its remaining wastewater treatment capacity. If enacted by the County, such a moratorium would have the effect of halting new connections to the sewer system in the City of Spokane Valley. Considering the multi -year timeframe required to permit, design, construct and bring additional treatment facilities online, the regional wastewater treatment capacity currently under the control of the County may be inadequate to meet demand before the new wastewater treatment facility is operational. Planning to expand available wastewater treatment capacity is underway. However, as the regional treatment plant nears its capacity, the County may determine that it is unable to issue certificates of sewer availability to developments in the City of Spokane Valley. Although the City of Spokane Valley is participating in the planning for expanded wastewater treatment capacity, its ability to grant development approvals may be affected by the circumstances described above which are not under its control. As such, any statement by the City of Spokane Valley relating to sewer concurrency will be based exclusively on information provided by Spokane County as the owner /operator of the wastewater facilities. Spokane Valley has not performed any independent analysis as to the existence or non- existence of water capacity, and specifically makes no representations as to the accuracy of the sewer treatment capacity information provided by Spokane County, or as to whether the County may take action, such as adopting a moratorium, which affects certificates of sewer availability that have already been issued or may be issued in the future. Therefore, applicants for development approvals should carefully consider the adequacy of wastewater treatment facilities at an early stage of planning developments in the City of Spokane Valley. The City of Spokane Valley April 27, 2004 Distribution: applicants, public, news media 1 "Development approvals" include subdivisions, short plats, binding site plans, manufactured home park site development plans, planned unit developments, zoning reclassifications, and conditional use permits that would permit an increased amount of wastewater to be generated on the site. ADVISORY TO APPLICANTS FOR DEVELOPMENT APPROVALS 13Y THE CITY OF SPOKANE VALLEY (INCLUDING THOSE WITH UNEXPIRED DEVELOPMENT APPROVALS WHICH ARE NOT YET CONNECTED TO THE PUBLIC SEWER SYSTEM):' Public sewer facilities in the City of Spokane Valley are owned and operated by Spokane County. Currently, the capacity of the regional wastewater treatment plant which is available to properties in the City is allocated to Spokane County rather than to the City. The City has been advised that the federal Environmental Protection Agency (EPA) has alerted the Washington Department of Ecology (DOE) that DOE should not issue any discharge permits until the ongoing Total Maximum Daily Load study has been completed, perhaps in early -2007. As a result, the County may consider adopting a County -wide moratorium on new connections to the sewer system served by the treatment plant in order to conserve its remaining wastewater treatment capacity. If enacted by the County, such a moratorium would have the effect of halting new connections to the sewer system in the City of Spokane Valley. Considering the multi -year timeframe required to permit, design, construct and bring additional treatment facilities online, the regional wastewater treatment capacity currently under the control of the County may be inadequate to meet demand before the new wastewater treatment facility is operational. Planning to expand available wastewater treatment capacity is underway. However, as the regional treatment plant nears its capacity, the County may determine that it is unable to issue certificates of sewer availability to developments in the City of Spokane Valley. Although the City of Spokane Valley is participating in the planning for expanded wastewater treatment capacity, its ability to grant development approvals may be affected by the circumstances described above which are not under its control. As such, any statement by the City of Spokane Valley relating to sewer concurrency will be based exclusively on information provided by Spokane County as the owner /operator of the wastewater facilities. Spokane Valley has not performed any independent analysis as to the existence or non- existence of water capacity, and specifically makes no representations as to the accuracy of the sewer treatment capacity information provided by Spokane County, or as to whether the County may take action, such as adopting a moratorium, which affects certificates of sewer availability that have already been issued or may be issued in the future. Therefore, applicants for development approvals should carefully consider the adequacy of wastewater treatment facilities at an early stage of planning developments in the City of Spokane Valley. The City of Spokane Valley April 27, 2004 Distribution: applicants, public, news media "Development approvals" include subdivisions, short plats, binding site plans, manufactured home park site development plans, planned unit developments, zoning reclassifications, and conditional use permits that would permit an increased amount of wastewater to be generated on the site. z/--4,7-9-ae/ TABLE 1 DRAFT Type of Sewer Commitment Connections in Sewered Areas, through Dec 2003 Developed Parcels in Sewered Areas, but not connected Vacant Parcels in Sewered Areas New Development, Counter Complete TOTAL COMMITTED CAPACITY, APRIL 2004 ERU'S 36,220 3,639 3,607 500 43,966 Committed Flow Gallons Per Day 7,312,315 734,598 728,204 100,943 8,876,060 Table 1 above, shows that as of this date, if all of the parcels that currently have sewer service available to them actually develop, Spokane County would need to provide wastewater treatment capacity of 8,876,060 gallons per day. Therefore, the remaining presently available wastewater treatment capacity, as of this date is 1,123,940 mgd, or approximately 5,000 ERU's. TABLE 2 Potential Sewer Commitment For Remaining STEP Areas Developed Parcels in Septic Tank Elimination Program Areas Vacant Parcels in Septic Tank Elimination Program Areas TOTAL CAPACITY REQUIRED FOR REMAINING STEP PROGRAM AREAS ERU'S 9,323 996 10,319 Committed Flow Gallons Per Day 1,882,186 201,078 2,083,264 Based on Table 2, it can be seen that the treatment capacity required to serve the remaining Septic Tank Elimination Program (STEP) areas, should the County continue the STEP projects, would be 2,083,264 gallons per day. DRAFT Scenario # 1-- Continued STEP, with completion in 2010, annual development growth at 2.5 % Scenario # 2— Moratorium on New Development, continue STEP, with completion in 2010 Scenario # 3— Moratorium on STEP Connections, starting 01/2005, continue to allow new development Scenario # 4— Continue constructing STEP projects, but delete 1 -year connection requirement for STEP connections until new wastewater treatment capacity is secured. Continue to allow new development Scenario # 1: Continued STEP Program, STEP Connections completed by 2012 Growth after 2012 with completion in 2010 of 2.5 % annually YEAR 01/2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 31 1 1 2.159 Committed Capacity, mgd Actual Flows, mgd Scenario # 2: Continued STEP STEP Connections completed Moratorium on New Development 8.876 7.3 Program, with by 2012 9.533 10.189 10.846 11.502 12.815 13.472 14.129 14.482 14.844 15.215 7.84 8.38 8.92 9.46 10 10.54 11.08 11.62 11.911 12.208 12.513 completion in 2010 I 1 YEAR 01/2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Committed Capacity, mgd 8.876 9.314 9.751 10.189 10.627 11.065 11.502 11.940 12.378 12.378 12.378 10.18 12.378 10.18 Actual Flows, mgd 7.3 7.66 8.02 8.38 8.74 9.1 9.46 9.82 10.18 10.18 Scenario # 3: Moratorium on STEP Connections starting 01/2005 ' Growth of 2.5 % annually YEAR 01/2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Committed Capacity, mgd 8.876 9.533 9.771 10.015 10.266 10.522 10.785 11.055 11.331 11.615 11.905 12.203 10.036 Actual Flows, mgd 7.3 7.84 8.036 8.237 8.443 • 6.654 8.870 9.092 9.319 9.552 9.791 Scenario # 4: Continued STEP Delete 1 -Year Requirement for STEP Program, with Connections, completion in 2010 . until new WWTP is functional Growth of 2.5 % annually (Assume 400 Voluntary STEP Connections Annually) YEAR 01/2004 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 Committed Capacity, mgd 8.876 9.533 9.868 10.212 10.565 10.926 11.297 11.676 12.065 12.464 12.873 10.932 Actual Flows, mgd 7.3 7.84 8.116 8.399 8.689 8.986 9.291 9.603 9.923 10.251 10.587 Wastewater Flows- Moratorium Scenarios DRAFT - 04/27/04 DRAFT PUBLIC SERVICE ANNOUNCEMENT CITY OF SPOKANE VALLEY Federal Flood Insurance Now Available in the City of Spokane Valley, Washington The City of Spokane Valley has joined over 19,000 communities nationwide who are allowed to purchase federally backed flood insurance. This availability follows the community's adoption and enforcement of ordinances to reduce flood losses and acceptance by the National Flood Insurance Program (NFIP). The City of Spokane Valley is eligible to participate in the NFIP effective April 1, 2004. Residents of the City of Spokane Valley will be able to purchase flood insurance up to the limits under the Regular Phase of the program. However, there is a 30 -day waiting period before the flood insurance coverage goes into effect. For single family homes, this limit is $250,000 and $100,000 for the contents. Renters can also protect their belongings through the contents coverage. For commercial properties, this limit is $500,000. Lenders must require borrowers whose property is located in a designated flood hazard area to purchase flood insurance as a condition of receiving a federally backed mortgage loan in accordance with the Federal Disaster Protection Act of 1973. The NFIP is implemented through the Federal Emergency Management Agency. There are over four million flood insurance policies in the more than 19,000 participating communities nationwide. \ \Sv -fsl\ Users \CBainbridge \cbainbridge\Press Release Flood Insurance.doc NAME PLEASE PRINT ADDRESS TELEPHONE L. 74'# /7 T E 7 T1 Y= q2 /v S' -. /-weir ,if' 7,2 8' - y'P's 4 / 2 1 44 . 1 .—T.;\ PUBLIC COMMENT SIGN -IN SHEET TOPIC: COUPLET SPOKANE VALLEY CITY COUNCIL MEETING DATE: April 27, 2004 All persons wishing to speak at a PUBLIC COMMENT must sign in with your name and address for the record. There may be a time limit for your comments. A copy of any written comments relating to the public hearing subject must be p rovided to the City Clerk.