2009, 03-31 Study Session MinutesMarch 31, 2009
Attendance:
Councilmembers
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
Mayor Munson opened the meeting at 6:00 p.m.
MINUTES
STUDY SESSION MEETING
SPOKANE VALLEY CITY COUNCIL
Spokane Valley City Hall
Spokane Valley, Washington
Staff
6:00 p.m.
Mike Jackson, Deputy City Manager
Cary Driskell, Deputy City Attorney
Mike Stone, Parks & Recreation Director
Mike Basinger, Senior Planner
Ken Thompson, Finance Director
Inga Note, Senior Traffic Engineer
Kathy McClung, Community Development Dir.
Marty Palaniuk, Planning Technician
Karen Kendall, Assistant Planner
John Whitehead, Human Resources Manager
Carolbelle Branch, Public Information Officer
Chris Bainbridge City Clerk
1. Lew's Do's and Don'ts Training — Lew Leigh, Washington Cities Insurance Authority (WCIA)
Deputy City Manager Jackson introduced Mr. Lew Leigh, WCIA Director for the last twenty -eight years,
who will present some "Do's and Don'ts" to Council and staff. Mr. Leigh explained that he meets with
about thirty Councils a year; that WCIA is solvent, has no sub -prime issues, no buyer's zones. He
explained the city's risk profile and charts contained in the packet, and brought Council's attention to the
vignettes also contained in the information. Mr. Leigh gave a brief history of WCIA as the first municipal
risk pool which began in 1981, and was established to protect municipalities from financial loss, and
stressed that they are not an insurance company. He mentioned in this highly litigious risky culture,
Councils and staff must aggressively practice risk management, which includes training at least three
times a year; two of which are determined by WCIA, with the third the municipality's choice; and said all
training sessions are cost -free. He mentioned the roles of council concerning employment of staff and
staff issues; mentioned WCIA's pre- defense review; said if Council is going to hear land use appeals then
Council's quasi-judicial skills need to be superior; mentioned the appearance of fairness doctrine; that
Council could waive its attorney /client immunity privilege but individual councilmembers cannot as there
are no individual immunity powers; briefly mentioned the problems associated with keeping a
moratorium for an extended time (months not years); of the need to treat all businesses equally, and of the
importance of allowing members of the public to speak in a public forum.
2. Signalization — Inga Note
Via her PowerPoint presentation, Traffic Engineer Note gave a basic overview of traffic signal
coordination, including parts of the cabinet, detection loops and cameras, with mention that motorcycles
and non - metallic bicycles are not able to trigger the loops; and mentioned the cycle lengths and patterns.
3. Interlocal Agreement Havana Bridge Project — Cary Driskell
Deputy City Attorney Driskell explained that Spokane Attorneys James Richman and John Mercer will
provide an explanation for Council on this issue as the City of Spokane proceeds with their Havana Street
Bridge project, which borders our city limits; that the area for the project is partially owned by Spokane
Council Meeting Minutes: 03 -31 -09 Page 1 of 4
Approved by Council: 04 -14 -09
County and partially by Spokane City; and that part of Spokane City's project will require some land
within Spokane Valley's boundaries; and through a proposed interlocal agreement, they have requested
permission to act on our behalf. Mr. Mercer explained that this project has had a long life as it began in
2002; they signed a contract with Washington State Department of Transportation, and under that
agreement the DOT is responsible for all design work, right -of -way acquisition, advertising, bidding and
construction management, as well as it is their responsibility to pay for these services. Mr. Mercer said
the project to build the bridge includes lowering some of the railroad tracks at Havana Street from
Broadway to Mission, that this project will greatly improve transportation as this area is an important
commercial and freight area; he said that street is blocked by trains about seventeen hours a day, adding
that this project is the first bridging of the valley project; and that while the DOT handles the right -of-
way, they don't do condemnation if any properties require that, which is where the project is now; he said
that phase one starts about July with the relocation of some utility lines, and it should be finished by
October 2011.
Attorney Richman said that the interlocal agreement is necessary as a portion of the property is located
within Spokane Valley city limits; that cities have authority to acquire property or streets only within their
boundaries, and said they need to partner with Spokane Valley in the condemnation action, and that the
interlocal borrows our authority to exercise that condemnation authority and he described how that will
occur at no expense to Spokane Valley. Mr. Richman noted that the interlocal has an ordinance attached
to it which includes a finding of public use and necessity, and lays out the fact that the owner has been
noticed by certified mail and by newspaper publication; and he said that they have been in intermittent
negotiations with the property owner over a period of approximately two years, with the more productive
negotiations taken place recently; and said they need to file a condemnation action to keep the project on
schedule, which puts the property owner in a beneficial position regarding property price; and said that
the need to begin a lawsuit doesn't mean negotiations cease, and if anything would increase and therefore
reach resolution. Mr. Richman said buying property by this method is not cheap and the property owner
will come out all right. Mr. Richman said the ordinance also designates their office as special council to
Spokane Valley to represent them in acquiring the property; and said the interlocal agreement obligates
Spokane City to pay all costs and grants them exclusive decision - making authority regarding the property;
and if there is a lawsuit, they will work with our City Attorney's office. Deputy Mayor Denenny asked
once the property is acquired, who will own the property; and Mr. Richman said it would be part of the
street, and they would ask us after this is done, to dedicate it for public right -of -way purposes; so title
would still be held by Spokane Valley, but they'd like to be able to improve and maintain it; and in
response to further question, said this action will not alter the city's corporate boundary; but Spokane City
is in renewed discussion with Spokane County so the two entities' corporate boundaries will co- exist; and
also mentioned they are exploring the potential acquisition of more than what is actually needed for the
project, and in that case, the boundary would become the right edge of the right -of -way.
Mayor Munson called for a recess at 7:25 p.m. and reconvened the meeting at 7:33 p.m.
4. Comprehensive Plan Amendments /Quarterly Update — Mike Basinger
Senior Planner Basinger explained that this year's planning team includes Planning Technician Marty
Palaniuk and Assistant Planner Karen Kendall. Mr. Basinger mentioned that the Planning Commission
findings are not included in tonight's packet, but will be distributed to Council prior to the first reading.
The PowerPoint presentation mentioned that the Comp Plan lays out a vision for the future of Spokane
Valley during a twenty -year period and responds to the requirements of the Growth Management Act
(GMA); he explained the site - specific map amendments, one which is privately initiated and three which
are city- initiated, and showed maps of the areas in question; followed by review of the city- initiated text
amendments to Chapter 2 Land Use, which included the re- designation of the public /quasi - public
property, and proposed amendments to Chapter 3 Transportation, Chapter 4 Capital Facilities and Public
Services, and Chapter 8 Natural Environment. Mr. Basinger said that after Council has had an opportunity
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Approved by Council: 04 -14 -09
to review everything, he encouraged Council to bring any additional questions to the first reading, and
said it is not his intent to individually go through all 160 parcels during that ordinance reading. Deputy
City Manager Jackson added that this report also covers the quarterly update, and said if Council has
items for the next round of amendments, to also please make those suggestions to staff.
removed from the agenda to be brought back later.
6. Advance Agenda — Mayor Munson
Mayor Munson mentioned that the airport ordinance is now scheduled for April 14. There were no other
suggested changes to the advance agenda.
7. Council External Committee Reports — Councilmembers
Councilmember Wilhite mentioned the tent meetings regarding transportation issues and visioning for
transportation, including the idea of a transportation benefit district, and said the Spokane Regional
Transportation Council is working to develop modeling and planning with traffic across the Idaho border
as they are determined to have a beneficial closer working relationship with Kootenai County.
Councilmember Gothmann mentioned discussion in the legislature about the local option for health
funding and said they will watch that item for updates. Deputy Mayor Denenny mentioned the hiring of
Dr. Joel McCullough from Portland, as the District's new Health Officer. Other items included Deputy
Mayor Denenny's mention of the solid waste system discussion of the future organization of the
governance structure of that system, and said as the bonds are paid off, there will be an ability to further
discuss interlocals and that he would like something that gives proportional representation much like the
STA and Health District; and he read some of the highlights of the February 25, 2009 Solid Waste System
Memorandum and said he seeks Council's input. Discussion on this topic included concern about
accountability, that we pay a higher rate for solid waste services and Council needs to be ready when the
options come up to look at other services; that the bonds are scheduled to be paid off during the last
month of 2010; and of the mention of two different committees doing almost the same thing yet reporting
to two different entities, which is confusing.
Mayor Munson mentioned the TMDL (total maximum daily load) and the wastewater plant, and directed
Council's attention to the e-mail discussions and questions generated from a March 25 meeting of
stakeholders. Mayor Munson said he and Councilmember Wilhite attended the GMA (growth
Management Act) Advisory Committee meeting and said the County came up with another formula for
population allocation, which he'll ask Mr. McCormick to discuss in more detail later; that the GSI
Executive Team met a few weeks ago where he was tasked to come up with something to publish to the
stakeholders, and he completed that and distributed it to committee members and suggested revisions.
Other items mentioned included the fast pace of the Edward Byrne Memorial Justice Assistance Grant
Program, other grants available such as the one for pre -trial service test programs; and Mr. Jackson said
the JAG grant will be discussed in further detail in upcoming meetings.
8. Council Check -in — Mayor Munson:
Councilmember Gothmann said that Council took a position or made recommendations prior to when he
and Councilmember Dempsey came to council, regarding programs conducted by our Parks and
Recreation Department; and whether they could or could not be held within the Edgeclift Neighborhood
Center; and said he understands Council's position was that they should not be held there; but added that
the facility has a gym available and there could be other things he is not aware of regarding the facility
and our programs, and he would like further discussion of that previous council rationale. Deputy City
Manager Jackson said that there was formerly policy discussion on full cost recovery of recreation
programs except the summer playground; and said staff can re -visit the issue of use of Pratt Elementary
facility, and said staff will align themselves with Council's goals of making sustainable recreation
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Approved by Council: 04 -14 -09
programs so the programs would recover its expense. Councilmember Gothmann said he would like this
topic added to a future agenda, including the idea of businesses sponsoring some programs.
Due to the prolonged winter weather, it was moved by Councilmember Dempsey, seconded and
unanimously agreed that we go into spring, have a gentle spring and have the seasons as they are
supposed to be.
9. City Manager Comments — Mike Jackson
Deputy City Manager Jackson mentioned that some grant opportunities are coming up fast, and he will
bring an update next week.
There being no further business, the meeting adjourned at 8:55 p.m.
ATTEST:
Christine Bainbridge, City Clerk
Council Meeting Minutes: 03 -31 -09 Page 4 of 4
Approved by Council: 04 -14 -09