2004, 07-20 Study Session MinutesMINUTES
City of Spokane Valley
City Council Study Session
July 20, 2004, 6:00 p.m.
Attendance:
Councilmembers: Staff:
Michael DeVleming, Mayor Dave Mercier City Manager
Diana Wilhite, Deputy Mayor Nina Regor, Deputy City Manager
Dick Denenny, Councilmember Ken Thompson, Finance Director
Mike Flanigan, Councilmember Neil Kersten, Public Works Director
Gary Schimmels, Councilmember Mike Jackson, Parks & Recreation Director
Rich Munson, Councilmember Marina Sukup, Community Development Director
Steve Taylor, Councilmember Cary Driskell, Deputy City Attorney
Cal Walker, Police Chief
Tom Scholtens, Building Official
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone
that this is a study session, said that public comments would be taken on certain action items, and
requested that all electronic devices be turned off for the duration of the meeting.
1. Second Reading Proposed Ordinance 04 -029 Authorizing Election for Property Tax Levy — Ken
Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and
seconded by Councilmember Schimmels to approve Ordinance 04 -029. Director Thompson explained
that this proposal is for curb -to -curb paving in relation to the STEP program, which is the change over
from septic tanks to sewer hookups, that by performing the full -width paving, overall road maintenance
would be substantially less expensive; that this ordinance describes the levy which if passed, would only
be for six years and would be limited to six million dollars. It was also mentioned that if the needs of the
City change where the capital improvements are not required, the Council retains the right not to
construct the improvements and to reallocate the funds to other street improvements deemed more
necessary by the Council. Mayor DeVleming invited public comment.
Roger Moore, 3429 S Gillis, Spokane Valley: asked if Council looks at their property tax statements; said
in examining his 2003 and 2004 statements, that we took out more than the County did in 2003, and that
his evaluation did not change.
Thomas Richardson, 8915 E. Boone: said last week Council was dealing with targeted areas on the map
but this week it appears we're following behind the County paving after sewers; said he paid taxes to the
County but now the metropolis is paying for the paving, which isn't fair, and suggests use of an RID
where the individual homeowner pays for the improvements, based on a vote on whether to have an RID.
Dorothy Huff, 7125 E. State: said her street was recently tore up; said her taxes are substantially from last
year and she is concerned; is also concerned about curb to curb as some areas have no curbs and she does
not want to pay for curbs in addition to street paving.
Ron Branke, 13802 E. Main: said he feels we should not put this issue on the ballot; we're asking for
more tax money when there are other areas were the funds should be spent, like cost of food, fuel and
health care; and he feels our priorities are backwards; there are more important issues to spend money on
Study Session Minutes 07 -20 -04 Page 1 of 5
Date Approved by Council: 07 -27 -04
than curb to curb blacktop; that he paid extra for his property because it already had sewer, if this passes it
appears he would be paying for it again and questioned why we incorporated because a promise was
made that taxes were not going to be raised; and that he cannot support any more tax increases.
Bob Blum, 12722 East 15 feels this issue should not be put on the ballot; the general information before
incorporation was there would be more revenue than what would be needed and feels if we need more
taxes now than incorporation was a failure.
David Crosby, 2607 N Bowdish: supports this proposal; said any time you see the road cuts and repaved
with patching, that the roads never last; that paving curb -to -curb makes sense and he'd gladly pay the tax
to pay for it and encourages the issue be placed on the ballot.
Mayor DeVleming invited further public comment. No further comments were offered.
Councilmember Denenny emphasized that this ordinance takes the issue to the public; that curb -to -curb
paving means full width paving and not installation of curbs where there are none; that the paving
averages about one million a year and he feels it proper to ask the public if they want those services; that
Council has been frugal with expenses, we realize that revenues are low compared to projections, but
expenses are also down by approximately three million less than the Boundary Review Board projections.
Councilmember Munson reiterated that this is not to approve a tax but to put the measure on the ballot
and let the people of the City decide; that putting this issue on the ballot will allow complete public
debate; that the Boundary Review Board gave their best estimate at the time but they simply made a
mistake and we have not reached 75% of the income they projected; that we need to deal with reality and
not place blame.
Councilmember Taylor explained that property taxes were reduced last year from $1.81 to $1.60; that
various properties were reevaluated and reassessed by the County assessor; that this measure would bring
the tax per $1,000 back to the original value it was so would result in no net change per tax rates; that we
have to take care of the investment we have in our roads and if we don't, it will produce a maintenance
backlog similar to our neighbors to the west; and that putting this measure on the ballot will open the
issue to public debate.
Deputy Mayor Wilhite said she realizes many people are not able to attend these council meetings, and
placing this issue on the ballot will give the community at large the opportunity to be involved in the
discussions and decision.
Mayor DeVleming mentioned that he bought a home which already had sewer; that communities help
create a better community by helping others, and can do so by leveraging these tax dollars now; he
encourages people to drive around communities like 8 and Barker to see what trench filling feels like;
and that he feels this is important to let the community decide the issue.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
2. First Reading Proposed Ordinance 04 -030 Amending Criminal Code Re Noise — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by mayor DeVleming and seconded by
Deputy Mayor Wilhite to advance Ordinance 04 -030 to a second reading. Deputy City Attorney Driskell
explained the issue as written in his Request for Council Action and as previously explained at the June 8
council meeting. Mayor DeVleming invited public comment. No comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
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Date Approved by Council: 07 -27 -04
3. First Reading Proposed Ordinance 04 -031 Amending Criminal Code Re Open Containers — Cary
Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and
seconded by Councilmember Flanigan to advance Ordinance 04 -031 to a second reading. Deputy City
Attorney Driskell explained the issue as written in his Request for Council Action and as previously
explained at the June 8 council meeting. Mayor DeVleming invited public comment. No comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
4. Motion Consideration: Precinct Lease Agreement — Cal Walker
It was moved by Councilmember Munson and seconded to consider signing the lease agreement as
presented. Police Chief Walker explained the terms and conditions of the lease as written in the
ownership /use /purchase section; and added that either party may terminate the agreement for any reason
upon six month's written notice. Mayor DeVleming invited public comment. No comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
5. Motion Consideration: Approval of Department of Emergency Management Interlocal — Cal Walker
It was moved by Deputy Mayor Wilhite and seconded by Councilmember Munson to approve the
Department of Emergency Management Interlocal Agreement. Police Chief Walker explained the
background concerning the previous interlocal as noted in his July 14 Request for Council Action, adding
that the net results are approximately $97.00 in monthly savings to the City of Spokane Valley. Mayor
DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
6. Ad Hoc Sign Committee Report — David Crosby /Marina Sukup
Sign Committee Chair Crosby stated he is enjoying chairing this committee; that the committee has had
two meetings and will have another soon just on sign definition; and that they are working hard to make
sure the ordinance will be understandable and easily enforceable. Mr. Crosby said they hope to have the
definitions complete at the next meeting but this portion of the charge has been a challenge as there are
reader boards, electronic signs, changing electronic signs, menu boards, blow -up signs, murals, and more.
Community Development Director Sukup said that Council has the ability to amend the sign regulations
now provided billboards are not reinstated; that Council adopted the moratorium on billboards but if
Council desires to allow new billboards, it will require an amendment to the comprehensive plan, and that
all this will be discussed during the sign committee meetings. City Manager Mercier stated that this
committee serves at the pleasure of Council, and the charge was to review the current sign codes and
deliver a set of recommendations of what should be retained or changed. Director Sukup said she
anticipates another committee report in September and she assured Council the issue of billboards will not
be overlooked.
7. Clear View Triangles Enforcement Approach — Marina Sukup
Community Development Sukup went through her PowerPoint presentation briefing Council on the issue
of enforcement approaches as a result of the initial report of June 29. City Manager Mercier added that
staff is recommending a series of dimensional requirements different from what we have had, which
would be less aggressive on property owners to meet the standards. Director Sukup reported that some
issues will be seasonal and that she anticipates 600 to 800 cases a year, but that 60% to 80% of people
will comply with regulations when approached to do so. She added that like other enforcement issues, the
system is complaint driven. After further discussion concerning enforcement issues, it was Council
consensus to take this issue to the Planning Commission and let them discuss the issues, gather public
input, and afterwards to bring the recommendations back to Council.
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Date Approved by Council: 07 -27 -04
8. Requirements and Schedules for Amending the Comprehensive Plan and /or Development Regulations
— Marina Sukup
City Manager Mercier stated there have been questions raised about what might be done to attend to
problems in the codes and regulations now prior to completion of the comprehensive plan; and it is in
response to those questions that Director Sukup gives this presentation tonight. After Director Sukup
explained her PowerPoint presentation, there was discussion concerning amending the current plan, which
is the interim plan; and that once adopted, our plan cannot be in conflict with the County's plan. Director
Sukup mentioned that WAC requires that development regulations must be enacted by the deadline for
adoption of the comprehensive plan or within six months; that CTED must approve any extension filed
prior to the deadline, and that the 60 -day advance filing with CTED for any development regulation still
applies. City Manager Mercier said that staff will produce larger scale copies of tonight's PowerPoint
presentation so Council can have that information as a reference.
9. Parks and Recreation MasterPlan Update — Mike Jackson
Parks and Recreation Director Jackson explained that the process is just beginning; that specific issues
will be brought forward later; but that the contract is approved and he and the consulting representative
spent Thursday and Friday looking at facilities and discussing the park conditions and the number of park
properties; they looked at the pools and started discussing pool expanded use; looked at restroom
conditions of some of the parks and discussed replacement and/or maintenance; and that other issues for
future consideration are vending and concessions in parks, radio car club and other special uses by
organizations in city parks and the future of the senior center. Director Jackson stated that they are
working on the questionnaires and are gearing surveys to be community specific; and that he hopes to
have the first issues paper and questionnaires for council review at the August 24 meeting. Director
Jackson said he has had a number of calls concerning public involvement, that there will be at least four
public meetings and many opportunities for public involvement. In response to a question concerning the
horse arena, Director Jackson that that area is still being used several weekends a year and that is a type of
the issue which will be addressed in more detail later.
10. Report on Aquifer Protection Area Interlocal — Neil Kersten
Public Works Director Kersten explained that in January, County Commissioners sent a letter requesting
our consideration for inclusion in the reauthorization of the Aquifer Protection Area. Director Kersten
said that an interlocal has been drafted, and section 2 details the use of the APA funds. After further
discussion concerning the interlocal agreement, it was council consensus for staff to bring this agreement
back for approval consideration at the next council meeting.
11. Advance Agenda Additions — Mayor DeVleming
Councilmember Munson suggested adding to the August 10 meeting, a motion consideration supporting
the increase in property tax. Councilmember Taylor said he feels that would be redundant from tonight's
vote. Mayor DeVleming suggested that perhaps it could be added to the August 10 or August 17
meeting. Councilmember Denenny said by voting for this ordinance tonight, he did not indicate support
for the tax, but only supported putting this issue on the ballot.
12. Council Check -in — Dave Mercier
City Manager Mercier said that in searching ways to expedite work on the agenda, staff researched law
and it appears we may be the only community where we take time to read each item on the consent
agenda; that there is nothing in State law mandating reading of the consent agenda, but the City's
Governance Manual states it will be read unless such reading is waived. Mr. Mercier said he proposes
Council consider making a motion to waive the reading and approve the consent agenda, unless prior to
such motion any Councilmember wants to remove any item from the consent agenda for individual
consideration. Mr. Mercier stated that this is merely another mechanism to move through the meeting and
have more time to concentrate on those matters that require policy consideration. Mayor DeVleming
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Date Approved by Council: 07 -27 -04
mentioned this will be an item for revision consideration later in the Governance Manual, and that at the
council meetings, he will move to waive the reading and approve the consent agenda. Councilmember
Munson voiced objection as by not reading, he said we might be give the perception of having the public
know what is on the consent agenda. No other objections to this proposal were voiced.
13. City Manager Comments — Dave Mercier
City Manager Mercier mentioned that there will be a Transportation Improvement Board meeting this
Friday at 9:00 a.m. at the Oxford Suites where there will be a presentation on the Valley Couplet Project;
that the meeting actually begins the preceding day at 2:00 p.m., but the public formal meetings are Friday
morning. In other issues, Mr. Mercier said in an effort to avoid schedule conflicts, we have been sending
out suggested dates for retreats and it appears that since no Saturday in January fit with everyone's
schedule, that February 12, 2005 is a good day for a half -day retreat; and he suggests June 11 as the mid-
term retreat, and encourages Council to give that date consideration and send their date availability to Mr.
Mercier. Mr. Mercier also reported that he received a mailing yesterday from the Spokane Housing
Authority concerning their proposition that they change their composition of board of directors which
would provide an additional position to Spokane Valley. In addition, that Board is considering a name
change to give a more broad representation of what they actually do. Additionally, Mr. Mercier reported
that County Commissioners may have put forward a proposal for the September 14 ballot which would
raise sales taxes 1 /10`" of 1% to help defray public safety costs; that there are no other details at this time
but staff will attempt to gather more information to share with Council.
There being no further business, the meeting adjourned at 7:58 p.m.
hristine Bainbridge, City Clerk
Michael DeVleming, Mayor
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Date Approved by Council: 07 -27 -04