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2008, 01-15 Study Session MinutesMINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, January 15, 2008 Mayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Present: Councilmembers: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember Staff: Mike Jackson, Deputy City Manager Cary Driskell, Deputy City Attorney Kathy McClung, Community Development Dir. Ken Thompson, Finance Director Greg McCormick, Planning Manager Steve Worley, Senior Engineer Neil Kersten, Public Works Director Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk Mayor Munson asked City Clerk Bainbridge to call the roll. Ms. Bainbridge called the roll, and all Councilmembers were present. New Employee Introductions: Carol Carter introduced Brandon Newbill, CenterPlace Administrative Assistant; and Steve Worley introduced Darla Arnold, Administrative Assistant for the CIP Program; Randy Budano, Engineer CIP Technician, and Krystal Stanek, Assistant CIP Engineer. Council greeted and welcomed the new employees Mayor Munson thanked former Mayor Diana Wilhite for her hard work, and presented her with a plaque which reads: "Mayor Diana Wilhite. The first lady of Spokane Valley. She served with grace, style and dedication." 1. Panhandling — Cary Driskell Deputy City Attorney Driskell explained that this issue has been discussed several times in the past particularly where it concerned aggressive begging; that more recently Council requested research on the effectiveness of public awareness campaigns in other cities, and wanted an analysis of the legality of a licensing or permitting approach. Mr. Driskell briefly explained his January 15, 2008 Memorandum and pointed out other cities' practices in dealing with panhandling, that some cities have a downtown core or specific area where regulations apply, thereby making administration of policies somewhat easier than trying to regulate the entire city; and he added that some cities focus on the "root" problem, e.g. substance abuse, rather than a perceived homeless problem. Deputy Mayor Denenny stated that he feels education and signage can make a difference, that our focus should be on abating traffic conditions at intersections, or people standing along streets, and that there are specific areas which would see a significant reduction in the amount of panhandling should education and signage be instigated; and that people have a natural tendency to help so if we educate them that giving money is not helping, we stop the giving and the panhandling will stop. Councilmember Gothmann stated that newly elected Planning Commission Chair Ian Robertson indicated a willingness to work as part of an ad hoc committee to develop an education system. Mayor Munson also mentioned he would like to see an ad hoc committee of two councilmembers, some representation from the faith community and other Study Session Meeting Minutes: 1 -15 -08 Page 1 of 6 Approved by Council: 02 -12 -08 organizations, to provide this education; that the City of Spokane and Liberty Lake have programs, yet nothing is being coordinated in the area; and with council permission, he'd like to authorize forming an ad hoc committee to `flush out this task" with the primary job to coordinate all programs, to make contact with others to see how other cities handle this situation„ and to set up a regional coordination effort. Mayor Munson said he will put together some names and have specific tasks for this committee; that it should consist of five or six people; and that we should publicize the desire for community volunteers. Deputy City Attorney Driskell then briefed Council on the possibility of the City adopting a licensing approach and of charging people a panhandling licensing fee; he said that such approach must be done carefully as we cannot impose an undue financial hardship and it cannot be a long licensing process as it could be perceived as an infringement on protected speech; and he said he is only aware of a few places that have panhandling licensing requirements, and that the Cincinnati ordinance was challenged; that he is very apprehensive on moving forward on this; and suggests we exhaust other remedies before considering a licensing approach. Councilmember Taylor said he would like to approach this more as a traffic safety issue; that people are not supposed to receive anything from someone in a vehicle on the road, and that any contact with a vehicle on the road is a potential hazard; that this should be addressed and perhaps the person giving the money could be ticketed as well as the one receiving the donation. Mr. Driskell said staff would need to work with the police to identify the scope of the program from a traffic impact standpoint and show a safety issue; and that data would have to be collected regarding the history of accidents while people are accepting money. In response to inquiry from Mayor Munson, Police Chief VanLeuven said that officers are briefed on watching for aggressive panhandling; that they receive numerous calls from businesses and citizens complaining about panhandling, or trespassing and /or obstructing traffic, and such is included in his monthly report. Mr. Driskell said that any enforcement of this issue must be done uniformly, and activities such as the Fire Department's "fill the boot" would not be permitted to be in traffic, but they could be directed to have such fundraisers in private parking lots. Councilmember Taylor said he feels the "fill the boot" activities are obstructing traffic and causing hazards. Mayor Munson said that the licensing or registering of businesses is an effort to identify business to make sure they are in the correct zone, that a criminal records check is performed, and that the license could be free but the process would give us an opportunity to check out the panhandlers, which would be beneficial for public safety; and that he agrees to start with a less intrusive aspect, and if this problem can't be solved, it will need further examination. Mayor Munson then recognized and welcomed the Boy Scouts of Troop 405. 2. Dangerous Dog Ordinance — Cary Driskell Deputy City Attorney Driskell explained that in January Council adopted new procedures for handling appeals of administrative determinations regarding dangerous dogs and potentially dangerous dogs; and in December of last year, a Spokane County Superior Court judge issued a ruling on a City of Spokane dangerous dog case that caused us and Spokane County to examine our code provisions regarding providing sufficient due process and clearly stating the rights of someone appealing, and who would have the burden of proof to establish that an administrative determination was correct; and that there may be room to challenge our provisions in this regard, and as such, he suggests amending our ordinance as shown in the red -line version. Mr. Driskell said this would bring our code into direct compliance and clearly state that Animal Control has the burden of proof, and that the person appealing has the right to see all records. Mr. Driskell said Council can suggest further changes, or suggest we not change it, or when we come to that first reading of the ordinance, suspend the rules and approve, or proceed with the usual two readings. Council concurred to bring this forward for the usual two readings. Study Session Meeting Minutes: 1 -15 -08 Page 2 of 6 Approved by Council: 02 -12 -08 3. Senske Parks Maintenance Contract Renewal — Mike Jackson Deputy City Manager Jackson explained that this is a renewal of a full service contract, that Senske posts shelter reservations, monitors the shelters use, assists with the removal of graffiti, and prepares all the facilities for the reserved use; that we are just entering our fourth year of contracting, and as in 2007, they are requesting a 2% increase. Several councilmembers remarked on the great job Senske has done in taking care of the parks; and it was Council consensus to place this item on the next consent agenda for approval consideration. 4. Valley Mission Senior Center Update — Mike Jackson /Steve Worley Senior Engineer Worley showed the slides depicting the deterioration of the Valley Mission Senior Center; and of the subconsultant who performed some geotechnical work and testing, and of the recommendation to demolish the building. Mr. Jackson added that they have not had discussions yet with the Fire Department to use the building as an optional practice session, but will have those discussions; and that these figures are only estimates as there have not been any actual bids. It was Council consensus to place this item on the next consent agenda for approval consideration. Deputy Mayor Denenny suggested forming a park committee, and that issues such as what to do with this land, would be something for that committee to consider. Mayor Munson cautioned that it is important how we structure such a committee, as they want an advisory committee only, and stated that he would rely on Mr. Jackson and our legal department to put this committee together. Councilmember Gothmann said he feels this would be a good kick -off to get such an advisory committee started, and Deputy Mayor Denenny mentioned it is a good way to involve people in the decision making process. Mr. Jackson remarked that these committees are very common in many cities, that they are generally structured according to an ordinance, that councils select the members, and that the committee generally meets once or twice a month, with the Parks Director working with that Committee's chair to get items for the committee's discussion. Mr. Jackson said that staff can put together some general information to provide to Council. There was also mention of the recommendation within the Master Plan for such a committee. It was council consensus to have the information referred to above by Mr. Jackson, placed on an upcoming agenda as an "information only" item. 5. "AAA Sweeping" Contract Renewal — Neil Kersten Public Works Director Kersten explained that the AAA Street Sweeping Contract was approved for one year with seven, one -year renewal options; and that he recommends the contract be renewed as this company has worked well in providing this service; and he also recommends awarding the 3% as outlined in the accompanying letter as rising fuel costs for these larger equipments would justify such a request. It was Council consensus to place this item on the next Council's consent agenda for approval consideration. 6. Comprehensive Plan Amendments Quarterly Update — Greg McCormick Planning Manager McCormick explained about the time frame set up in the current Uniform Development Code, and of placing November 1 as the due date for any applications to amend the comprehensive plan; that they received eight privately initiated requests all related to the map, and that staff is in the process of going through those; and that staff has identified some text amendments, the majority of which are to update data in the tables within Chapters 1, 2, 3, 5, 7, 8 and 9. Mr. McCormick said that the plan is to move these through to the Planning Commission as soon as there is an opening in their schedule, which is likely to occur in March or April, then come to the Council in May with an anticipated June adoption date. Councilmember Taylor asked about the procedure for Council directed text amendments and when to bring those forward. Mr. McCormick explained that staff initiated amendments are processed according to SEPA compliance, and that it might be awkward to consider additional amendments at this point; that Study Session Meeting Minutes: 1 -15 -08 Page 3 of 6 Approved by Council: 02 -12 -08 he would have to check with our legal department as any change to the Plan needs to go to SEPA; and that anything that comes up now will go on the 2009 docket. Councilmember Taylor said that there needs to be a discussion of when does Council come forward with initiated changes, and Mr. Jackson responded that one of the intents of these quarterly meetings is to give Community Development opportunity to gather input, but that the window of opportunity has closed for 2008 amendments, and Council can now provide input tonight or in the future for amendments to be considered in the 2009 cycle. Mayor Munson remarked that he would have appreciated having previously known of the November 1 deadline as Council was not aware. Mr. McCormick reminded Council that as mentioned in the Comprehensive Plan, we are limited by law to changes only once a year; but that does not apply to the Uniform Development Code which can be amended at any time and more than once a year. Mr. Jackson said that the intent henceforth is for Comp Plan changes to occur in June. Councilmember Taylor said he would like to talk to staff off -line as he feels this is not acceptable, as Council has now missed the deadline for an entire year, and that it is difficult for him to accept that there is no way to have that annual review that was missed. 7. City Year Anniversary — Carolbelle Branch Public Information Officer Branch stated that this information was presented to Council at last week's meeting, and Council desired to conduct further discussion; and that she is open to questions and direction. There ensued discussion among Councilmembers concerning events leading up to the March 31, 2008 5 Year Anniversary; of the possibility of asking the Chamber for their assistance to get the word out to their members so they can participate in this process; that time is a large concern for this year's event; that perhaps something could be included in conjunction with Valleyfest; a "message of the week" was considered; weekly events celebrating for a year leading up to the next anniversary was also mentioned; forming a committee to possibly include Eldonna Shaw and Penny DeVleming; "telling our story" with newspapers clipping and archive information; and making this a community event. Council concurred due to the shortness of time, that they would ask Ms. Branch to develop a committee concept, get people together, and move forward with this celebration; adding that Councilmembers should feel free to contact Ms. Branch if they have any ideas for the celebration. Mayor Munson called for a brief recess at 7:20 p.m. and he reconvened the meeting at 7:30 p.m. 8. Webcast /Televising Council meetings — Councilmember Gothmann Councilmember Gothmann explained that he attended a conference while in New Orleans concerning contemporary and emerging trends for local government; and that included how technology has, should or could influence local government, such as having a "virtual" town meeting, on -line surveys, or web -based transmissions; and that he feels we need to "move into the 21s Century" and consider the why, who and what concerning webcasting. Councilmember Gothmann gave examples of what other cities broadcast their council meetings, and stated that by doing so, we would meet the needs of those who do not have computer access, and or would be unable to physically attend meetings; and that by using the website, it adds to our flexibility in reaching citizens. Councilmember Gothmann mentioned that there has been some concern in other jurisdictions of having people "grandstanding" during the public comment section; but we could always have the option of not televising that section of the meeting. Councilmember Gothmann mentioned there would be specific hardware needed and of course, financial considerations; but that he would leave those concerns to administration. Discussion ensued regarding the cost of webcasting or televising council meetings, especially for the start -up costs, including mention that there is no way to review this issue without reviewing costs. Councilmember Gothmann suggested a means to cost recovery might include 200 to 500 similar to what Comcast charges per home; and stated that he feels this is something administration should determine, evaluate and report to Council with information on various kinds, types and costs. Councilmember Taylor mentioned the other pressing needs such as a new City Hall, and of the concern of placing a camera in front of people who could make Study Session Meeting Minutes: 1 -15 -08 Page 4 of 6 Approved by Council: 02 -12 -08 political statements, and such would change the working atmosphere; that at this point, the cost is prohibitive and that he is not sure he wants to place another cost on the ratepayers for cable. Councilmember Schimmels stated he feels this is not a priority at this time, but is good to think about for the future. Councilmember Gothmann countered that council is always seeking ways to get the message out, and the best method to do that would be television, followed in priority by webcast. Councilmember Dempsey added that in this information age, cameras and microphones don't generally bother people, and that the public expects to be able to hear and see what their government is doing; and that she supports the need to explore this cost. Mayor Munson suggested, and there was Council consensus to leave this issue to the City Manager as a task to be filled or accomplished as time permits, including gathering information on what it would cost for webcasting or having meetings televised, and report to Council later. Councilmember Taylor added that he would like to see the cost difference between webcasting and television. 8a. Transportation Benefits District Update — Cary Driskell (added agenda item) Mayor Munson said that he spoke with several other local officials regarding the I -5 corridor; and positions the County wants us to take; that the County would like to know if we would support a County- wide Transportation Benefit District (TBD); and that how much to collect, and how to disburse those revenues would be discussed later. Mayor Munson mentioned that Spokane City indicated a reluctant to have a Transportation Benefit District whereby all funds would be used for the North /South Freeway thereby precluding the City to deal with other transportation projects; yet others feel this is a Federal highway and perhaps funding should come from the feds first; and that we realize the North/South Freeway does not compete with other federal highways with comparing cost or traffic volume, and we realize there are other freeways which have higher and greater needs. Councilmember Schimmels mentioned that the federal funding system has been flat for the last four or five years, that our "Bridging the Valley" had the best qualifications in the nation but we see the federal part diminished greatly. Councilmember Wilhite reported that she attended a meeting with Chris Marr regarding jurisdictions' concern for projects; and that Senator Marr and Governor Gregoire intimated that transportation funds are in short supply and are based on need; and that there is a growing consensus from the legislature that communities must participate in funding; that there was discussion on whether we should contribute funds to the North South Corridor; and she added that the Spokane City Council and their Mayor don't agree on the direction to go. Councilmember Wilhite also mentioned that perhaps we should examine various funding ideas, and one such idea is a $20.00 additional fee for car tabs, or to add another $20 to $30 to that and take it to the people for a vote, but explain to the voters how the funds will be spent. Deputy City Attorney Driskell outlined some of the issues to consider, as per his memorandum of January 15, 2008; and he stated that he is working with the Association of Washington Cities (AWC) on an analysis of the timing issue of the County or the City moving forward with a TBD; and if the issue were multi jurisdictional, he feels an interlocal would be necessary to state the terms for each district. Mayor Munson asked if we agree to the Countywide district (multi - jurisdictional) and it became apparent that was not working well for us, could we withdraw and form our own, and Mr. Driskell said he would have to research that, including what consequences may arise from such decision. Further discussion included bonding obligations; the need to know the benefits and drawbacks to having the County form the TBD; the need to resolve these issues prior to addressing the North South Freeway issue; that a TBD is a tool for local government's use and it should be thoroughly examined; that perhaps we should take care of our own projects prior to considering a regional component; how to administer such a TBD whether regional or otherwise; the question of keeping some needed funds for local jurisdictions and retain our autonomy; and that we may want the ability to form our own TBD. Study Session Meeting Minutes: 1 -15 -08 Page 5 of 6 Approved by Council: 02 -12 -08 Mayor Munson said he would appreciate getting additional information next week about funding on our own; and that he recommends Council send a letter to be included as input on the County's January 22n hearing, that we agree with a County -wide benefit district in principal, but we also want to reserve the right to establish our own District; and that we will refrain from signing an interlocal until we know the outcome of the negotiations as we want to make sure our own interests are covered. Mr. Driskell said that the January. 18 deadline gives the County the first choice in deciding to do this or not, and if it appears we want to form a TBD with $20 or less, we could use council manic bonds; or if the County wants to do a county -wide fee on top of the local fee, he feels it would have to go to a vote; but that this needs additional research. Further discussion included Councilmember Taylor remarking that the County is not prepared to adopt anything next week, but that they are putting on a hearing to obtain public reaction. There was Council consensus to inform the County that based on insufficient information, Spokane Valley will not make a decision at this point. 9. Advance Agenda — Mayor Munson Mayor Munson said he would like to consider having Mr. Thompson discuss funding options for the next study session, and to then give that to the Finance Committee regarding choices and recommendations to Council. 10. Council Check -in — Mayor Munson Mayor Munson had no further items to discuss. 11. Deputy City Manager Comments — Mike Jackson Mr. Jackson had no further items to discuss. There being no further business, the meeting adjourned at 8:35 p.m. ATTES Christine Bainbridge, City Clerk 'chard Munson, Study Session Meeting Minutes: 1 -15 -08 Page 6 of 6 Approved by Council: 02 -12 -08