2008, 12-30 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 150 meeting.
Attendance:
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
Absent:
Gary Schimmels, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, December 30, 2008
City Staff
INVOCATION: Councilmember Dempsey gave the invocation.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
Mike Jackson, Deputy City Manager
Mike Connelly, City Attorney
Mike Stone, Parks & Rec Director
Scott Kuhta, Senior Planner
Neil Kersten, Public Works Director
Ken Thompson, Finance Director
Kathy McClung, Community Development Dir
Lori Barlow, Associate Planner
John Whitehead, Human Resources Manager
Carolbelle Branch, Public Information Officer
Bill Miller, IT Specialist
Chris Bainbridge, City Clerk
PLEDGE OF ALLEGIANCE: Councilmember Taylor led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except
Councilmember Schimmels. It was moved by Deputy\ Mayor Denenny, seconded and unanimously
agreed to excuse Councilmember Schimmels from tonight's meeting.
APPROVAL OF AGENDA: Mayor Munson said a Roads Report from Deputy City Manager Jackson
will be added to tonight's agenda. It was moved by Councilmember Wilhite, seconded and unanimously
agreed to approve the agenda as amended.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Taylor: no report
Deputy Mayor Denenny: reported that last Thursday he was asked by Chief Thompson to participate in
the selection of the Deputy Chief; that they spent all day interviewing candidates and the process proved
to be interesting and rewarding, and it gave him insight into the Fire Department and civil service process.
Councilmember Dempsey: no report
Councilmember Gothmann: said that the Regional Affordable Housing Task Force met to do some
final draft language of their report, which report will be presented to council in the future.
Councilmember Wilhite: explained that she attended the Spokane Regional Transportation Committee
meeting where project priorities were discussed, that the deadline was originally the 29 but was extended
to January 5; that the eastern region would received an estimated $150 million for different categories,
such as replacement and widening, bridge work, non - motorized, re- paving, reconstruction, and of the list
of priorities, we scored lower on replacement, but we have two projects in the bridge work category and
everything will depend on how much will be allocated; she said the scoring was based on a variety of
criteria and could not be based on population as that would have eliminated the smaller cities; she
mentioned that the group also examined the impact of projects on other jurisdictions, such as the
Council Regular Meeting: 12 -30 -08 Page 1 of 6
Approved by Council: 01 -13 -09
transportation impact on Sullivan Bridge once Bigelow Gulch is completed. In response to Council
request, Public Works Director Kersten added that they are moving ahead as mentioned and trying to get
all the projects on the list ready for bid by the end of June; and said that our projects are already
prioritized and should get significant funding and we can always look at that again if necessary.
MAYOR'S REPORT: Mayor Munson reported that he was interviewed by Mike Fitzsimmons regarding
the County cancelling our snow contract for next year, and about the wastewater treatment plant; that
Deputy Mayor Denenny was elected chair of Spokane Transit Authority (STA) Board and the STA
passed their budget, adding that the STA looked at the coming year realistically and cut back in certain
areas to save money without lowering the level of service for 2009, although the year 2010 might be
different.
PUBLIC COMMENTS: Mayor Munson invited general public comment.
Dick Behm, 3626 S Ridgeview Drive: said he does a lot of snow plowing, and that these last two weeks
have been wild and the City is doing a remarkable job; that after the December 18 big storm, he had to dig
out berms over seven feet high across his driveway; and in looking down Sprague, it was obvious the
snow plower took all the snow and pushed it to the north side as there was no berm on the south side of
Sprague Avenue; and he said that it hasn't happened since after he spoke with the Mayor about that; and
he also mentioned that the independent contractors are more appreciative of the problems when they plow
and they try not to leave big berms; he also mentioned his dissatisfaction with Spokane County Engineers
taking Christmas Eve and Christmas day off completely and said that many people have to work holidays,
including public safety people; and that the response times were extended by police and fire due to this
and he said it was unacceptable; adding that he is personally glad the County won't be plowing next year.
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.
a. Claim Vouchers, List dated 12/05/2008, Voucher # 16029 through # 16133; $3,147,110.82
b. Payroll for pay period ending December 15, 2008: $241,765.33
c. Approval of Prosecutor Interlocal Memorandum of Understanding
d. Approval of Partial Release of Interest for Ponderosa Acres Third Addition Subdivision
e. Approval of Partial Release of Interest for Ponderosa Acres Fourth Addition Subdivision
f. Council Regular Meeting Minutes of December 9, 2008
g. Council Special Executive Session Meeting Minutes of December 16, 2008
Concerning Consent agenda item #1d, Councilmember Gothmann stated that he owns one of the
properties mentioned in that agenda item; he stated he was not a proponent of the action, and had no idea
it was going to occur until it got to the Council for consideration; and that he has not discussed this with
other Councilmembers and said he would not take part in this discussion. Councilmember Gothmann then
left the dais and the Council Chambers. It was moved by Councilmember Taylor, seconded, and
unanimously agreed to approve the consent agenda. Councilmember Gothmann returned to the dais.
[added agenda item] Deputy City Manager
Jackson summarized the recent snow fall and removal efforts, which began December 17 and resulted in
closure of City Hall Dec 18 and 19 due to record setting accumulations, with 59.8 inches of snow for
December which is a record for any month as the previous record was 56.5; he mentioned the additional
graders, Mayor Munson's declaration of an emergency, and of the Council's approved resolution ratifying
that declaration; adding that the City of Spokane declared an emergency on the 24 and the Governor's
office declared a state -wide state of emergency. Mr. Jackson said that on December 26, 27 and 28, City
Hall was open and we took approximately 700 phone calls, most of which dealt roads not plowed, or an
emergency. Mr. Jackson stated that we realize there would be another storm behind the current storm and
said we are working with the County as the last situation report was that specific equipment was not
Council Regular Meeting: 12 -30 -08
Approved by Council: 01 -13 -09
Page 2 of 6
going to be requested for Spokane Valley, but that we made it clear that when the County puts in their
request, such needs to incorporate our needs as we work through the County; and said that we continue to
work with the Spokane Department of Emergency Operation Center (EOC) regarding need for graders in
the Valley.
Public Works Director Kersten added that the present status is that the arterials, the 1's and 2's (first and
second priorities) are clear and will be de -iced tonight; that the hillsides were cleared today and will be
de -iced tonight, and that there are eight private graders in the city doing the residentials, with about 15%
of the residentials complete, and he said they will continue through the night and tomorrow until all
residentials are cleared, which likely will be this weekend depending on weather; but he said if we get
another storm in the meantime, they will be moved to the arterials, adding that he realizes people are
getting bermed up a lot; said that the initial intent was that the County would handle the 1's and 2's and
we would keep the contractors on the hills and floors; but it became clear that the County couldn't handle
all the 1's and 2's so we had to pull the private contractors on the 2's to get it done; and said that
everyone is working to make sure the priority roads stayed plowed in order. Council discussion included
thanks to Mr. Kersten and staff for handling a tough situation; and the comment that this is a good
opportunity to assess working with private contractors and that the private contractors are more
considerate as they try to minimize the amount of snow in front of driveways.
NEW BUSINESS:
2. Proposed Resolution 08 -024 Establishing Petty Cash — Ken Thompson
It was moved by Councilmember Taylor and seconded to approve Resolution 08 -024 establishing petty
cash. Finance Director Thompson said that the Auditor recommended we adopt petty cash and change
fund practices by resolution; and said that this resolution would also establish a petty cash fund in the
Parks and Recreation Department. Mayor Munson invited public comment; no comments were offered.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
3. Motion Consideration: Mayoral Appointments, Councilmembers to Committees — Mayor Munson
Mayor Munson announced his proposed appointments, and said where an alternative is needed, that all
other Councilmembers will act as alternates in order to have a wider choice of participation. The
following are Mayor Munson's appointment recommendations:
Chamber of Commerce Board: Rich Munson
Convention Center & Visitor's Bureau: Steve Taylor, all other Councilmembers alternate
Greater Spokane, Inc.: Rich Munson, all other Councilmembers alternate
Emergency Communications Board (911): Rich Munson
Finance Committee: Diana Wilhite, Dick Denenny, and Gary Schimmels
Governance Manual: Dick Denenny, Bill Gothmann, Rose Dempsey
Growth Mgmt Steering Committee Elected Officials: Rich Munson, Diana Wilhite (all others alternates)
Spokane Regional Health District Board: Dick Denenny, Bill Gothmann
Spokane County Housing & Comm. Development Advisory Committee (HCDAC) Bill Gothmann
International Trade Alliance: Rose Dempsey
Solid Waste Liaison Board: Gary Schimmels, all other Councilmembers alternate
Spokane Regional Transportation Council (SRTC) Diana Wilhite, all other Councilmembers alternate
Spokane Transit Authority (STA): Dick Denenny, Rich Munson
It was moved by Councilmember Taylor and seconded, to confirm the appointments as just stated by the
Mayor to the various boards and commissions. Mayor Munson invited public comment; no comments
were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
Council Regular Meeting: 12 -30 -08 Page 3 of 6
Approved by Council: 01 -13 -09
4. Motion Consideration: Mayoral Appointments, Lodging Tax Advisory Committee — Mayor Munson
Mayor Munson indicated his desire to appoint Councilmember Wilhite as chair and council liaison for the
2009 calendar year, and to re- appoint Peggy Doering, Lee Cameron, and Cal Clausen for two -year terms
to the Lodging Tax Advisory Committee. It was moved by Councilmember Taylor and seconded to
confirm the Mayoral appointments to the Lodging Tax Advisory Committee as follows: Councilmember
Wilhite, Chair; and Peggy Doering, Lee Cameron, and Cal Clausen as members for two-year terms.
Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Motion Consideration: Argonne/Indiana Intersection — Neil Kersten
It was moved by Councilmember Gothmann and seconded to accept staff's recommendation for placing a
median to prevent left turns north from Argonne to Indian. Public Works Director Kersten explained that
the original proposal was to put in curbing and close off the turn at an estimated cost of $47,000; that we
cannot do not at this point but could place something temporarily, although he said he is uncomfortable in
placing barriers because if someone were to hit that, it would be a major impact; and said therefore he is
considering using the orange barrels filled with sand to block that turn; and when spring comes, will put
the median in place as originally planned. Mr. Kersten also mentioned that jersey barriers are too wide
and would be too close to the travel lane, and therefore would be dangerous. Mayor Munson asked about
using the posts that can be raised and Mr. Kersten said those are very expensive and very hazardous if hit;
and are used more for blocking roadways and are not intended to be used along a higher speed arterial.
Mayor Munson invited public comment; no comments were offered. Councilmember Dempsey expressed
her disappointment in going this route as she had hoped people would have been more responsible and
obeyed the law. Vote by Acclamation: In Favor: unanimous. Opposed: None. Abstentions: None.
Motion approved.
6. Motion Consideration: Strategic Planning Alternatives Analysis — Mike Jackson
It was moved by Councilmember Wilhite and seconded to authorize and direct the City Manager or
designee to provide for the preparation of an alternatives analysis for all public services currently
provided to Spokane Valley by Spokane County in accordance with interlocal contract agreements.
Deputy City Manager Jackson explained that as previously mentioned, Mayor Munson received a voice
mail from the Board of County Commissioners indicating they had voted to terminate our roads
maintenance contract effective October 15, 2009; that this was discussed at our December 16 council
meeting where there was Council consensus that to make sure we receive our other basic services
interrupted, Council should entertain a motion to address that situation. Mayor Munson invited public
comment; no comments were offered. Mayor Munson remarked that this cancellation puts a significant
strain on our ability to provide snow plowing services for next year as it takes time to put a plan together
and purchase equipment, and such is generally a two -year process. Vote by Acclamation: In Favor:
unanimous. Opposed: None. Abstentions: None. Motion approved.
7. Motion Consideration: Law Enforcement Assessment Alternatives Analysis — Mike Jackson
It was moved by Councilmember Wilhite and seconded to authorize a budget of $52,500 for an
assessment of law enforcement services alternatives analysis presented by ICMA Consulting and to
authorize the City Manager to finalize and execute a contract for such services. Deputy City Manager
Jackson explained that of all the contracts staff will be reviewing, this is by far the largest with an annual
cost of $14 million; that since ICMA is already working on this and had previously provided an option;
that now is an opportune time to commission with them. Councilmember Gothmann said that he assumed
we would look at all alternatives, such as paring with the City of Spokane or other Counties, or private
firms; in addition to examining the costs of providing our own services. Mr. Jackson suggested adopting
this for this specific component; and said we can bring this back later to examine other alternatives or to
make a decision about looking at further alternatives. After Council discussion about mention of the
transition committee's research on this topic; including positive and negative impacts; mention that this
Council Regular Meeting: 12 -30 -08 Page 4 of 6
Approved by Council: 01 -13 -09
has no reflection on the excellent service we are currently receiving from the Sheriff's Office and mention
by Mayor Munson that he and Mr. Mercier spoke with the Sheriff's Office and assured him we are not
doing this to launch our own police department and are doing this as the County could give us a one -year
notice on this agreement as well; and mention by Mayor Munson that the Sheriff's Office supports our
efforts and intends to lobby that termination never takes place. Mayor Munson voiced a need to meet
with the County as it appears there is a lack of trust and said we need to get assurance that we represent
the same people; adding that a meeting could take place in January or February. Mayor Munson invited
public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion passed.
PUBLIC COMMENTS: Mayor Munson invited general public comments; no comments were offered.
Mayor Munson called for a recess at 7:10 p.m. and reconvened the meeting at 7:20 p.m.
DELIBERATION:
8. Sprague /Appleway Revitalization Plan — Scott Kuhta
Senior Planner Kuhta gave a summary of the December 16 council deliberations, which were also
included in the council packet; and said a report will be presented at the January 6 meeting concerning the
public notice process. Mr. Kuhta also mentioned that regarding the adult entertainment regulations, we
will go back later into the Uniform Development'Code of the Spokane Valley Municipal Code to amend
that section to add new zone district boundaries, as the regulations are very restrictive we will need to
clean all that up once adopted. Mr. Kuhta showed the aerial photo and he explained where the boundaries
are; and said that staff proposes to take the neighborhood center boundary just past the vacant area with
the rest still zoned community commercial under the current zone, and he asked for Council discussion
regarding that proposal After Council discussion concerning the Four Seasons business, mention that the
proposed neighborhood center is probably not consistent with that type of use; and whether to keep the
line where it is or move it to the west with Mr. Kuhta explaining the neighborhood center designation is
more for pedestrian activity such as grocery stores, plant stores, etc., there was Council consensus to move
the neighborhood center boundary one lot over to the other side of the bank. Discussion moved to
gateway commercial zoned districts, and of Mr. Kuhta's suggestion to keep the spreadsheet handy for
each meeting's deliberation, it was mentioned that there was a suggestion to add light industrial as a
building use category then decide what is and isn't permitted; and that Mr. Kuhta we will have that as a
separate section next time, although he mentioned that it won't be in the next packet as that council
packet goes out tomorrow.
Discussion was also held concerning amusement parks, and there was consensus to add amusement parks
in the gateway commercial centers. Mr. Kuhta then reviewed and explained some of the regulations in
the gateway commercial avenue and centers, including maximum heights and frontage regulations,
including mention by Deputy Mayor Denenny and other Councilmembers of auto row wanting frontage
on both Appleway and Sprague, and that Council would like to go back and look at some examples that
Mr. Freedman had presented earlier. Mr. Kuhta said he could research those and bring some slides of that
next time, and said the "big book" plan has some pictures toward the back of the book.
Other discussion included mention of letter #19 and of the previously approved Street Vacation of First
Avenue and Sipple; and that this letter will be further discussed when the discussion takes place on the
topic of pre - located streets. There was mention in the letter of the concern about requiring a new street
when the maximum block size is used; and that under the Street & Open Space standards, the maximum
block size is four acres and that their lot is larger than that, so development would require a new street to
be located somewhere on their property; and there was also the letter's suggestion of eliminating the
maximum block size or exempting auto dealerships. Councilmember Gothmann said he prefers to say a
street is needed every two blocks, or 700 or 800 feet, and Mayor Munson asked how that concept would
Council Regular Meeting: 12 -30 -08 Page 5 of 6
Approved by Council: 01 -13 -09
work with what we have now. Mr. Kuhta said he would rather discuss this with the future pre - located
street discussion as he would like Public Works available to answer potential questions.
The eastern boundary of the gateway commercial avenue area was discussed, with the ultimate council
consensus to leave it as is, with Mayor Munson in opposition. Other discussion included built -to -corner
regulations in the Gateway Commercial zone, the regulations in the mixed use avenue as shown on the
spreadsheet and discussion of what it includes; that the Planning Commission added light industrial uses
and that we will examine that definition again to see if there are other issues which should be added; and
that we can later determine if it would be appropriate for this zone to include retail with bio- technical
chemicals, if they are stored outside the building; and mention by Councilmember Taylor about gas
stations at major intersections along Sprague. Further mention of vehicle sales was brought up, including
the idea of having all car sales located at auto row, and Mr. Connelly suggested writing it as car sales
instead of new or used car sales; and the desired future discussion of outdoor storage including such
stores as Ace Hardware and others having temporary outdoor storage or taking up parking in limited
parking areas. Community Development Director McClung mentioned special sales, such as putting up
tents in parking lots, and whether to have this done on a permit basis, or have an ordinance for temporary
sales; and said staff would have to look at it to see how it applies, as there are some uses that will come in
for a month, and others may be seasonal, and that it appears most if not all major box stores do that, but
enforcement would be difficult; so options would be to allow it, not allow it, have it screened, permit it
provided it doesn't interfere with parking requirements; or other options.
ADMINISTRATIVE REPORTS: N/A
INFORMATION ONLY: The following items were for information only and were not reported or
discussed: Update on Office of Public Defense Grant Award, and Department Reports.
EXECUTIVE SESSION: Land Acquisition, Pending Litigation
It was moved by Councilmember Gothmann, seconded and unanimously agreed to adjourn to executive
session to discuss land acquisition and pending litigation, for not more than thirty minutes, and that no
action would be taken thereafter. Council adjourned into Executive Session at 8:45 p.m. At 9:11 p.m.,
Mayor Munson declared Council out of Executive Session, at which time it was moved, seconded and
unanimously agreed to adjourn.
4'
Kristine Bainbridge, ' ity Clerk
Council Regular Meeting: 12 -30 -08 Page 6 of 6
Approved by Council: 01 -13 -09