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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