Loading...
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 Council Meeting Minutes: 03 -31 -09 Page 2 of 4 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 Council Meeting Minutes: 03 -31 -09 Page 3 of 4 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