2005, 06-07 Study Session MinutesAttendance:
Councilmembers:
Diana Wilhite, Mayor
Rich Munson, Deputy Mayor
Mike DeVleming, Councilmember
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
Steve Taylor, Councilmember
Gary Schimmels, Councilmember
MINUTES
CITY OF SPOKANE VALLEY
STUDY SESSION
Tuesday, June 7, 2005, 6:00 p.m.
Staff:
Dave Mercier, City Manager
Nina Regor, Deputy City Manager
Tom Scholtens, Building Official
Marina Sukup, Community Development Director
Ken Thompson, Finance Director
Neil Kersten, Public Works Director
Mike Jackson, Parks & Recreation Director
Cary Driskell, Deputy City Attorney
Greg "Bing" Bingaman, IT Specialist
Chris Bainbridge, City Clerk
Mayor Wilhite called the meeting to order at 6:00 p.m. and welcomed all in attendance.
Employee Introductions: Public Works Director Kersten introduced new employees Inga Note, Traffic
Engineer; and Alysa Wiyrick, Assistant Engineer - Development. Parks and Recreation Director Jackson
introduced new CenterPlace Coordinator Lisa Bracco. Councilmembers welcomed the new employees.
1. Student Advisory Council - Councilmember DeVleming
Councilmember DeVleming praised the efforts of the first Student Advisory Council, introduced those
student members, and then presented them with commendation plaques, including a plaque for Debbie
Gallagher, Business Representation from the American Cancer Society. Present Chair Mike Green,
incoming Chair Katie Osterbeck, and present Historian Randee Berg gave Council a brief summary of
accomplishments from last year, including drafting bylaws, and addressing several topical issues to
students; e.g. guns in school, homelessness, and Valleyfest. Ms. Osterbeck mentioned that plans for next
year include continued emphasis on the problem of guns in schools, and also addressing the problems
associated with excess noise. Mr. Green then reported the following individuals as recommended new
members: Ashley Bell, West Valley High School; Victoria Berndt, Central Valley High School; Jessica
Cannon, East Valley High School; Jolean Hughes, Central Valley High School; and Brent Vlahovich,
University High School. Councilmember DeVleming also mentioned that they will be needing
alternatives for those times when a student moves away or otherwise can't fulfill their term; and he asked
for Council consensus to place those recommended appointments mentioned earlier, on an upcoming
agenda. It was Council consensus to place these names on an upcoming consent agenda so that the
appointments will be officially on record.
2. Community Development Block Grant Program - Tim Crowley /Marina Sukup
Community Development Director Sukup introduced Tim Crowley, Manager of Housing and Community
Development for Spokane County. Ms. Sukup discussed her June 7 Request for Council Action on the
background of the Community Development Block Grant Program, and highlighted the entitlement
process and funding formulas shown, explaining the difference. Mr. Crowley added that the formula is
not determined by the age of housing, but that is considered in the overall plan; and that repair, and level
of priority are considered in the cost for running that program. Mr. Crowley stated that Option #1 impacts
the surrounding communities the least, and added that the City could not opt out during the three -year
period 2006 -2009. Entitlement, pass- through, and the options were discussed. Councilmember Taylor
stated that regarding Option 1, he would like to see changes in the way allocation funds are handled for
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different entities, but feels this remains the best choice for our municipality and surrounding communities.
It was mentioned there is a need for further communication with members of the committee to keep
current on this issue, and keep lines of communication open regarding procedures. City Manager Mercier
stated that today's intent is to provide background information to help council decide which option to
pursue; and that while they have been anticipating an extended deadline, that official word has not yet
been received and will likely occur some time in July, but that staff will not hold off beyond the time in
which the county has to file.
3. Spokane County Comprehensive Plan Update and Urban Growth Boundary — Marina Sukup
As explained in her June 7 memorandum, Director Sukup indicated there is no new information to
provide; that she met with County planning directors over last the several months; that the Board of
County Commissioners indicated they are looking for a population range of a set amount and the proposal
to accommodate that population; that the proposal would be to expand the Urban Growth Area (UGA) by
over eleven square miles; although there may be some adjustments. She mentioned that she will continue
to monitor the process.
4. Local Agency Agreement and Federal Aid Project, Argonne Road — Steve Worley
Director Kersten, stepping in for Steve Worley, explained that this is more of a housekeeping item; that
approval of the six -year Transportation Improvement Plan includes this project and that the agreement
and prospectus must be signed by a city official and returned to WSDOT for processing and approval.
Mr. Kersten stated that the local match funds of $42,600 will come from the 2005 Street Capital Projects
Fund with an estimated project cost of $316,600. It was Council consensus to place this item on the June
14 consent agenda for approval.
5. Draft Ordinance Greenacres Moratorium Request- Scott Kuhta /Cary Driskell
Community Development Director Sukup gave a history of the petition for moratorium against
development of densities of more than one house per acre; and stated that at the same time the
moratorium was issued, an application was received for a rezone from UR7* to UR 3.5; that copies of the
petition were distributed to Council and Planning Commissioners August 13, 2004; at the November 18,
2004 Planning Commission meeting, the Commission voted unanimously to recommend denial of the
moratorium to the City Council; and at the May 10, 2005 Council meeting, staff was directed to prepare a
draft moratorium for future council consideration, and that draft ordinance is included in this council
packet for review and discussion.
Discussion then included the aspects of a moratorium and what is needed to impose such moratorium; the
need for findings of fact to support such moratorium; how this would affect currently issued permits;
current and future development, especially in the Greenacres area; subdividing lots; density;
environmental issues; sewer and /or water issues; the timeline for any moratorium and the procedure for
imposing same; and whether this action could be handled through motion or ordinance. It was
determined that an ordinance will be brought forward at the June 28 council meeting for consideration.
Mayor Wilhite called for a recess at 7:15 p.m.; and reconvened the meeting at 7:25 p.m.
6. Draft Initiative /Referendum Ordinance- Cary Driskell
Mayor Wilhite stated that as usual for study sessions, there will be no public comments tonight, and she
apologized to those in attendance for any miscommunication on this issue; and asked those who came
tonight to support this issue, to please stand to indicate that support. Approximately ten people stood.
Deputy City Attorney gave the background of this issue as per his June 7 Request for Council Action; he
mentioned that council asked staff to prepare draft documents concerning initiative and referendum and
those documents are included. After explaining the difference between initiative and referendum and
their associated powers and the procedure for adopting either or both, there was Council discussion on the
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issue. Councilmember Denenny stated that he asked this issue to be brought forward as it was his
impression that this process was an automatic part of incorporation; and feels the matter should be
brought forward on a council agenda for formal consideration. Councilmember Taylor stated that people
choose their leaders to make decisions, and a remedy for disagreeing with an elected official's decisions,
can always be shown at election time. It was Council consensus to bring the process forward for formal
council consideration, and Council would like to consider initiative and referendum together; and
referendum separately.
7. Traffic Control /Special Events — Mike Jackson /Cal Walker
Parks and Recreation Director Jackson explained that ordinance 64 adopts regulations for special events,
but that the issue of block parties held on City streets has been brought to staff's attention; and that issue
might be further explored concerning obtaining a permit and /or providing proof of liability insurance; that
staff is aware of the positive community benefits, yet is also aware of the need for emergency vehicles to
be able to negotiate through a street, which if closed without City's knowledge, could present problems.
Police Chief Walker argued that any ordinance should have the ability to be enforced, and at present, such
activities as National Night Out and the numerous block parties held throughout local communities, have
not been held to these regulations; and that he feels such regulations would hinder the community good-
will to burden communities to adhere to a formalized process of requiring special permits and insurance.
Discussion followed concerning the 15 day advance period and whether it could be changed to perhaps a
five -day period; of traffic control and notification to fire and police; a $5.00 permit fee; the pros and cons
of requiring insurance; that communities could purchase insurance through WCIA, but for the City to
purchase any such rider would be considered a gift of funds; that no citations have been issued in
connection with this ordinance; that the public is unaware of these requirements; and of the responsibility
of having ordinances enacted which are enforceable and enforced. It was Council consensus to amend
the ordinance as discussed above (15 days to 5; $5.00 permit), and to place this item on a future council
agenda for formal action.
8. Advance Agenda Additions — Mayor Wilhite
Mayor Wilhite brought council attention to the upcoming June 14 agenda and of Council's first closed
record public hearing. Other future agenda items mentioned for consideration included meeting with the
School District; SCOPE in CenterPlace (currently set for June 28); and of adding the Post Office to an
upcoming agenda for a report on any local changes.
9. Council Check in — Mayor Wilhite
Councilmember Taylor mentioned that there is an issue regarding a hearing examiner meeting tomorrow
and asked if we were planning to present at the hearing on the SEPA determination by the County. Mr.
Mercier responded that there is a hearing examiner process tomorrow on a development occurring in the
County's jurisdiction that has some affects on our community; our staff has reviewed the SEPA Notice of
Nondetermination and has evaluated the governing rules and regulations of the City and that process, and
as an administrative decision, has created an appeal to that determination and will be giving testimony at
the Hearing Examiner process tomorrow. Mr. Mercier further responded by stating that the matter of
examining from a planning perspective the SEPA notification and making a determination of its
sufficiency, is an administrative function, and as such, we believe there is a statutory bar from the Council
to make a ruling on those issues that are otherwise considered administrative. Mr. Mercier added that each
councilmember has received copies of the documents that would be entered into evidence tomorrow; and
in terms of what would happen if there's a disagreement on the judgment of the Hearings Examiner, that
if they are legislative in nature, there could be an appeal to the City Council or County Commissioners or
otherwise to Superior Court; and that staff would report to Council should a court action be considered.
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10. City Manager Comments — Dave Mercier
City Manager Mercier brought council attention to the added agenda items "a" and "b" (Walk across
Washington; and Regional Agreement with ESRI [Environmental Systems Research Institute, Inc.]) and
the accompanying attached materials; that both issues are time sensitive and he requests placing these
issues on the June 14 consent agenda. Council concurred.
There being no further business, the meeting adjourned at 8:07 p.m.
ATTEST Diana Wilhite, Mayor
.1
Christine Bainbridge, ity Clerk
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