2009, 09-08 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 167th meeting.
Attendance:
Rich Munson, Mayor
Rose Dempsey, Councilmember
Dick Denenny, Deputy Mayor
Bill Gothmann, Councilmember
Ian Robertson, Councilmember
Gary Schimmels, Councilmember
Diana Wilhite, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, September 8, 2009
City Staff:
Dave Mercier, City Manager
Mike Jackson, Deputy City Manager
Mike Connelly, City Attorney
Neil Kersten, Public Works Director
Ken Thompson, Finance Director
Rick VanLeuven, Police Chief
Kathy McClung, Community Development Dir.
Mike Stone, Parks & Recreation Director
Chris Bainbridge, City Clerk
INVOCATION: Pastor David Drogemuller of Christ Lutheran Church gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Denenny, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Wilhite: reported that she gave a presentation to the NE Mayor's Association regarding
the corridor and special funding to be available nationwide, and said they are hopeful to receive some of
that funding.
Councilmember Schimmels: said he attended the liaison solid waste board meeting last week.
Councilmember Gothmann: said he attended a graduation of those completing the DUI course.
Councilmember Dempsey: said she attended the Spokane Regional Clean Air Agency board meeting.
Deputy Mayor Denenny: explained that he attended the NE Mayor's Conference on behalf of Mayor
Munson and welcomed them to our community and said the representatives got some input regarding
concerns of our City and gave some input regarding the status of the state budget.
Councilmember Robertson: reported that he would be attending the Regional Convention and Visitor's
Bureau meeting tomorrow.
MAYOR'S REPORT:
Mayor Munson reported that he attended a meeting August 26 dealing with the jail and the Board of
County Commissioners considering re- opening the essential public facilities process, but that no decision
had been made yet; attended the GMA Steering Committee meeting where he was elected chair; had his
monthly meeting with School Superintendent Small where they discussed the campaign to provide a
positive message throughout the community via a word for the community to focus upon, such as
"respect" or "friendship" and said he would like to start doing that from the dais to discuss the chosen
word and what it means, and said it will be done throughout the schools; and reported that he also
Council Regular Meeting: 9 -08 -2009 Page 1 of 8
Approved by Council: 09 -22 -09
attended the opening of the Spokane Valley Partner's food bank addition. Mayor Munson then read the
two proclamations: Childhood Cancer Awareness Month; and Constitution Week, which were accepted
by members from their respective organizations associated with those topics.
PUBLIC COMMENTS: Mayor Munson invited general public comments.
Harry Sladich, Spokane Regional Convention and Visitor's Bureau: Mr. Sladich gave an update on what
they've been doing; said he is excited to be here; that their budget is also down due to bed tax; that
occupancy is down but the rates are not and overall they are not down as much as many other
communities; that there were over 1.5 million rooms booked in the county over the year and it appears the
leisure traveler is still coming to our area; he mentioned the new Hampton Inn coming soon; and urged
everyone to visit the CVB's website; he said they conducted a survey with all their partners and 94%
reported they feel the Bureau is feel doing what they are supposed to be doing.
1. PUBLIC HEARING: Interim Ordinance 09 -015 Developer Agreement Process — Mike Connelly
Mayor Munson opened the public hearing at 6:20 p.m. and invited City Attorney Connelly to the podium.
Mr. Connelly explained that Council passed emergency interim Ordinance 09 -015 at the August 11
meeting, which ordinance also set a public hearing for tonight; that the ordinance amends certain sections
of Spokane Valley Municipal Code Titles 18 and 19 to allow a developer agreement to condition a zone
change; that this is allowed by statute, but we did not previously have the process in our code. Mayor
Munson invited public comment; no comments were offered and Mayor Munson closed the public
hearing at 6:22 p.m.
2. PUBLIC HEARING: Proposed 2010 Budget — Ken Thompson
Mayor Munson opened the public hearing at 6:23 p.m. and invited Finance Director Thompson to the
podium. Mr. Thompson said this is the second of three scheduled hearings for the 2010 budget; that
although the numbers have not changed substantially, they could still change a little; he said we estimate
total resources and expenditures at about $101 million, that sales tax is down about $3.4 million and
property tax levy is up $300,000 or 2.9 %; that the street fund increased winter weather operations; and
that real estate excise tax is down as are capital projects. Mayor Munson invited public comment.
Dean Grafos, 16120 E Sprague: said that "in his introduction to the preliminary 2010 budget, the finance
director again re- stated an adherence to the conservative fiscally sustainable and constrained government
growth policies which the city has provided to the taxpayers since 2004; however, the city's own budget
projections provide a different picture; flat or no growth in revenues over the next five years, a continued
depletion of general fund reserves and budget shortfalls exceeding $21 million yearly; what concrete steps
can the taxpayers expect to be taken by the finance director, the city manager, and the present City
Council to address increasing shares of precious taxpayer dollars being spent by government to bring this
exploding governmental spending in line with community resources? From 2004 to 2009 the population
of the city of Spokane Valley increased by about 4,970 persons or about 1.5% per year; in this same time
period from 2004 to 2009, the general fund expenditures by the City increased from $26 million to $36
million annually; this $10 million dollar a year increase represents a 38% increase in the cost of
government. From the time period 2010 to 2014, the population of the city of Spokane Valley is projected
to increase by an additional 5,000 persons, again another 1.5% per year increase in population; in this
same time period, from 2010 to 2014, revenues are projected to be flat or declining at about $36 million
annually; however, in this same time period from 2010 to 2014, general fund expenditures by the City's
own projections, will increase from $36 million annually to approximately $50 million annually, or
another 38% increase in the cost of the government to the taxpayer. At this point yearly deficits are
projected to be in excess of $21 million. As a final note, I find it ironic that in these challenging times
when over 52% of city revenues come from sales tax, that this City Council, planning department and
Council Regular Meeting: 9 -08 -2009 Page 2 of 8
Approved by Council: 09 -22 -09
planning commission still stubbornly cling to imposing the SARP, which will further clamp down and
depress retail and economic activity. Thank you."
There being no further public comments, Mayor Munson closed the public hearing at 6:30 p.m.
3. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a. Claim Vouchers, Voucher #18205 through #18301; 731090037, 820090021: total: $1,032,393.49
b. Payroll for pay period ending August 31, 2009: $347,369.38
c. Approval of Commute Trip Reduction Interlocal Agreement
It was moved by Councilmember Wilhite, seconded, and unanimously agreed to approve the consent
agenda.
NEW BUSINESS:
4. First Reading Proposed Ordinance 09 -018 Levying Tax - Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded to advance Ordinance 09 -018 to a second reading. Finance Director Thompson said the
proposed property tax to levy tax for 2010 tracks with adoption of that budget; that figures are based on
the County's estimate of assessed value, and a change in the assessed value and/or a change in the amount
of our proposed levy will change the tax rate; and he said that the figures might be less depending on what
happens with the cost of living. Mayor Munson invited public comment; no comments were offered. Vote
by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. First Reading Proposed Ordinance 09 -019 Promthr Tax Confirmation — Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and
seconded to advance Ordinance 09 -019 to a second reading. Finance Director Thompson explained that
state law dictates we must pass an ordinance that confirms an increase in property tax over the past year;
that this 2.9% property tax increase is included in the property tax ordinance discussed earlier; and with
this increase in property tax, staff expects the property tax rate to be $1.54 for 2010; and mentioned that
the cost of living might actually decrease next year, and we ask for the higher amount to be covered in the
event the assessed value takes a surge; but we will have to wait and see what actually occurs. Mayor
Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
6. First Readin Pro • osed Ordinance 09 -021 Amendin Ordinance 09 -012 SARP — Mike Connell
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded to advance Ordinance 09 -021 to a second reading. City Attorney Connelly said that this and the
following ordinance are companion ordinances and should be read together, and neither one makes any
change in the subarea plan text passed last June or any change in the map; that there are no substantive
changes which would affect any property, and as we move toward the implementation date of October 1,
staff has advanced a few recommended changes to ensure compliance with the Planning Commission
recommendations so that the document reads exactly as they recommended, and to ensure compliance
with state law so all parts of the plan are effective together; that this ordnance amends Ordinance 09 -012,
removing book one which was recommended by the Planning Commission; and the other proposed
changes reflect the amendments to ordinance 09 -013 and includes a reference to the Spokane Valley
Municipal Code sections 19.30.010 and 020 governing this action. Mr. Connelly said that Book 1 was not
meant to be regulatory but simply the broad guidelines that they talked about for the reasons for the plan;
and is clearly more a comp plan document. Mayor Munson invited public comment; no comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
Council Regular Meeting: 9 -08 -2009 Page 3 of 8
Approved by Council: 09 -22 -09
7. First Reading Proposed Ordinance 09 -022 Amending_Ordinance 09 -01 f SARPICam�p Plan Map —
Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was Moved by Councilmember Wilhite and
seconded to advance Ordinance 09 -022 to a second reading. City Attorney Connelly explained that this
ordinance has more substantive changes; but it doesn't change the text or boundaries of the plan and
incorporates Book 1 into the comp plan where it belongs; and declares an emergency pursuant to
36.70A.130; that one more basis to support a valid amendment to the comp plan is to ensure timely
application and compliance with the Plan and the goals of economic development as it tries to save an
area which is under - developed; that this declaration of emergency would ensure that happens; it is
allowed by statute; and adopts Book I, and he mentioned page 16 incorporates the language from the
comp plan and subarea documents , and #8 finding from the studies support the SARP; and mentioned #9
which is a re- statement of what was in the documents and said we simply moved it into the ordinance.
Mayor Munson invited public comments.
Sue Scott 2312 S Bolivar Road: Ms. Scott read the following statement: "I am here tonight as a
participating member of the public who attended a majority of the public SARP meetings referenced in
these ordinances as your proof of "appropriate public participation." I have to say that after putting in all
that time, it has been very disappointing that once changes were made and the final plan began to take
shape, the public was effectively cut out of the process. In the beginning, the city did itself and its citizens
a great disservice by not providing effective notice to the property owners, of the zoning changes
contained in the plan. The SARP was intentionally marketed as "revitalization ". Zoning was not even
mentioned until July of last year. The public trust was further undermined by the lack of timely updates
revealing the latest details of the plan and plan map. I checked the website today and the most recent
draft of the SARP is dated March 27, 2009, but contains incomplete maps and non - working links to
sections of the plan. In spite of a directive from the mayor last June that a final draft be posted to the city
website and available for public review that has not happened. This deficiency was also pointed out a
month ago by Ben Wick during his interview for the open council seat. You are here tonight declaring an
emergency pursuant to RCW 36.70A.130 and claiming appropriate public participation has occurred. To
date, there is still no final draft or final map available as promised for public review and comment. I'm
not an attorney but it seems to me you may be premature in your action tonight. I can only respectfully
hope that the council is better informed then the public has been allowed to be and is prepared to accept
the full responsibility of this adoption and amendment, as the citizens, in my opinion, have been denied
full disclosure on this issue. Thank you."
Mayor Munson asked if a final was issued on this plan two weeks ago; and Mr. Connelly asked the clerk
when was the final notice of the SARP original plan, and the City Clerk said she would have to research
that. Mr. Connelly said he believes the final notice was submitted to the newspaper about a week and a
half ago, with the actual notice published in last Friday's newspaper, that he can check that; that the Clerk
has a final copy of the text and the map and it was an arduous task to bring this all together in an 8 1/2 x 11
form, properly formatted so it could be available to the public; that due to the length of the document, it
will be up on the website as soon as staff is able. Mr. Connelly also mentioned that the public
participation is outlined in the ordinance for Council's review at their leisure. Councilmember Gothmann
said that he believes one of the reasons for making the effective date October 1 was to allow staff time to
draw up the final document, train staff and notify the public. Mr. Connelly said the reason for tonight's
amendment is to ensure everything is correct and appropriate for October 1. Vote by Acclamation to
advance Ordinance 09 -022 to a second reading: In Favor: Unanimous. Opposed • None. Abstentions:
None. Motion carried.
Council Regular Meeting: 9 -08 -2009 Page 4 of 8
Approved by Council: 09 -22 -09
8. Proposed Resolution 09 -012 Amending Governance Manual — Mike Connelly
It was moved by Councilmember Wilhite and seconded to approve Resolution 09 - 012 amending
Resolution 07 -020 the Governance Coordination Manual. City Attorney Connelly asked if Council would
consider amending the motion to include the changes that are included in tonight's handout dealing with
paragraph 3.06 and tele - videoing and teleconferencing meetings, which was something staff added to deal
with potential emergencies such as a pandemic. It was then moved by Councilmember Wilhite and
seconded to amend the motion to include the aforementioned changes by Mr. Connelly for the pandemic
proposal. City Attorney Connelly said that after the last meeting, staff made changes or did not make
changes pursuant to Council's instructions; and he explained that approaching the dais language was kept
in; the 9:00 rule was kept in; and the emergencies are dealt with in section 3.06 with the inclusion of the
word "pandemic." He said the handout includes mention that televised or conference meetings may be
held by some or all members but that it can only be done in extraordinary circumstances or emergencies,
and must receive prior approval by Council; and Mr. Connelly said if Council met remotely, we would
need a method to ascertain that each Councilmember was within the jurisdiction of the City when they
have that meeting, as they cannot take action on ordinances outside the jurisdiction of the city; and said
the details of how to actually have such a meeting would be determined at a later date, that if such
emergency were to occur, when Council gives prior approval, the specific details would be supplied at
that time.
Mayor Munson said regarding section 3.11 section a and b, he would prefer to keep those in, that those
sections discuss council members or others may propose a draft piece of legislation for the council; that
there may be a good time for this to be done and he said he feels it is not prudent to omit that. City
Manager Mercier explained Council has this authority without this being included in the Manual; the
preceding language in the body of 3.11 states that ordinances and resolutions will customarily be prepared
and introduced and proceed in the manner prescribed in the flow chart; so page 30 Exhibit A -4 has that
flow chart, but by statute, this Council has the opportunity to introduce any ordinance they wish
considered; and members of the public are invited to speak before the Council at the regular meetings and
have that opportunity to suggest legislation for Council consideration; and staff has the ongoing
opportunity to propose legislative matters for Council consideration; and said that the two sections being
proposed for deletion, such removal would not impair anyone's ability to petition the legislative body to
undertake any matter of governance they feel important. City Attorney Connelly said on Exhibit A -4,
there shows a path for citizens either through the City Council or through the Council study sessions or
through initiative; which is not affected by the removal of this language; and Mayor Munson said he has
no problem then provided it does not affect the ability to present such legislation. Mayor Munson invited
public comment; no comments were offered. The vote to amend the motion by including the
aforementioned changes by Mr. Connelly for the pandemic proposal was passed unanimously. Vote on
the amended motion to approve Resolution 09 -012 amending Resolution 07 -020 the Governance
Coordination Manual to include the aforementioned changes by Mr. Connelly for the pandemic proposal:
In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
9. Proposed Resolution 09 -013 Regarding Employees Pay During Pandemic — Mike Jackson
It was moved by Deputy Mayor Denenny and seconded to approve Resolution 09 -013. Deputy City
Manager Jackson explained that this resolution is part of the planning in case of an emergency or health
crisis like the pandemic flu; and as mentioned previously, the 2006 Attorney General Opinion leaves the
matter to each jurisdiction to develop rules for their employees; that this resolution states for those
employees ready and able to work but due to pandemic conditions are asked not to come to the work
place, they would be compensated; adding that many employees would be able to work from a remove
location. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
Council Regular Meeting: 9 -08 -2009 Page 5 of 8
Approved by Council: 09 -22 -09
10. Motion Consideration: Ado
t Pandemic Plan — Mike Jackson
It was moved by Councilmember Gothmann and seconded to approve the City of Spokane Valley
Continuity of Operations Plan (COOP). Mr. Jackson explained that as was discussed previously, this plan
was prepared to help ensure essential functions will continue if we should have a pandemic or other type
of emergency; and in case of a pandemic, we hope to limit the number of illnesses and to help the city
recover as soon as possible; and he brought attention to page six addressing the various response levels,
adding that we would be at response level 2 now. It was noted that due to suggestions from
Councilmembers Dempsey and Gothmann, disinfectant dispensers are now located at our office
entrances. There was council discussion about including the Mayor as essential staff as the mayor
receives requests from other government agencies and in case of emergency, would be in contact with
others. Mr. Mercier explained that this plan covers staff, and that Council is not staff but are elected
officials, and that they would participate in a manner deemed appropriate, and said staff will consider
including an addendum to deal specifically with Council. Mayor Munson invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion carried.
11. Motion Consideration: Outside A encies Funding Allocations — Ken Thompson
Finance Director Thompson explained that twelve agencies submitted requests for a total requested
amount of $236,598 compared with the budgeted amount of $141,000 and an average council allocation
recommendation totaling $142,500. Mr. Thompson also noted that one of the Councilmembers recused
himself from this issue and did not submit recommendations. Councilmember Wilhite said she served on
the Chamber Board as a private citizen and therefore recused herself from voting for funding for any of
the Economic Development Agencies. It was moved by Councilmember Wilhite and seconded, to make
the following outside agency funding allocations for 2010: Arts Council $6, 000; Big Brothers/Big Sisters
$5, 000; Meals on Wheels $6,500; Project Access $20, 000; Spokane Valley Partners $25, 000; and none
for the other agencies. Councilmember Robertson went on record as not participating and he therefore
excused himself from the discussion and left the dais. Council discussion ensued regarding those not
included for funding; that the bulk of funds Hearth Homes requested would be for salaries which is
difficult to monitor; and mention that the proposed motion provides funding for all those where over half
of the Council recommended providing funding; mention from Councilmember Schimmels that he prefers
granting $35,000 for Valley Partners with further mention that doing so would require amending the
budget or making other adjustments; and the statement of funding those agencies which provide the most
services for the most people. Councilmember Gothmann called for the question. Vote by acclamation: In
Favor: Deputy Mayor Denenny and Councilmembers Schimmels, Robertson, Wilhite, Gothmann and
Dempsey. Opposed: Mayor Munson. Abstentions: None. Motion carried. Councilmember Wilhite then
recused herself and left the dais.
For the Economic Development Agencies, there was discussion concerning funding Greater Spokane, Inc.
and Deputy Mayor Denenny moved to grant $20, 000 to the Chamber; $30, 000 now to Greater Spokane,
Inc., and to set aside an additional $30, 000 to be disbursed upon approval of a plan from them. After
brief discussion there was a call for the vote. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried. Deputy Mayor Denenny said he prefers to amend the budget
to handle the difference in what was budgeted and what was allocated. It was brought to Mayor Munson's
attention that public comment was omitted, and Mayor Munson then invited public comment.
Tony Lazanis said we should hire a specialist, someone in the chamber to promote the industry; and asked
why we would give the funds to Greater Spokane, Inc. with very little benefit in return and said we have
been doing that for too long, and the process needs to change to use the Valley Chamber to promote the
valley business; and not throw the money away without benefit.
Council Regular Meeting: 9 -08 -2009 Page 6 of 8
Approved by Council: 09 -22 -09
Philip Rudy, 5647 N Fruithill, as Chair and an official of the Chamber, he thanked Council for including
them in the proposed allocation of funds, and promised to be a good steward of any money granted.
Brenda Grassel 1418 N Woodruff Road, 99206: said as a manufacturing business owner, she would like
to support Greater Spokane, Inc; she said that just today she received a letter in the mail advertising a
manufacturing and trade technology show for April 2010; she said that regarding Greater Spokane, Inc.
"while you point your finger at them not promoting the city, how do they promote a city that has a SARP
plan which actually discourages businesses from moving into this area, discourages building in the area
by a difficult permit process, and does not engage in business - friendly practices. Therefore, I think we've
made the challenge to the GSI difficult in promoting the Spokane Valley. Thank you."
After brief discussion about the procedure for taking a re -vote, City Attorney Connelly suggested Council
have a motion to reaffirm the vote. It was moved by Deputy Mayor Denenny and seconded to reaffirm
our vote. [the previously voted upon motion to allocate $20, 000 for Greater Spokane Valley Chamber of
Commerce, $30,000 initially and $30,000 later for Greater Spokane, Inc.] Vote by Acclamation: In
Favor: Deputy Mayor Denenny, and Councilmembers Wilhite and Schimmels. Opposed: Mayor Munson
and Councilmember Dempsey. Abstentions: None. Motion carried. [Councilmembers Wilhite and
Robertson had recused themselves from voting.]
Discussion ensued about how to handle the difference in what was budgeted and what was just allocated;
with Deputy Mayor Denenny suggesting to amend the budget. Mr. Mercier said the budgeted amount of
$141,000 is slightly less than what was allocated, but he said this is now the Council's budget; that the
proposed 2010 general fund expenditures are more than those in 2009 by .6 of 1%; that there is roughly
$250,000 more in general fund actual spending that's budgeted in 2010 then in 2009; so it is a relatively
modest increase over the previous budget year, and when Council takes a vote, staff will automatically go
back and make the adjustment in the proposal, and Council then gets an opportunity October 13 to decide
whether to adopt the budget as presented or make further changes.
12. Motion Consideration: Mayoral Appointments to Wastewater Policy Advisory Board - Maw
Munson
It was moved by Councilmember Gothmann and seconded to confirm the mayoral appointment of Mayor
Munson and Councilmember Robertson to the Policy Advisory Board for a term of four years or at such
time as either such elected official ceases to be an elected official. Mayor Munson said he will ask the
new advisory board to name Dick Denenny as the non- elected official, with each councilmember named
as alternates to the Board. Mayor Munson invited public comment. Tony Lazanis said he feels it shameful
to have the City of Spokane Valley pay 75% of the sewer bills and not control our own destiny; that we
should own the plant or the Spokane Valley bills in the future could be $100; and said Mr. Denenny
would be the worst person to put in that position, that he hopes council will reconsider and take a different
course to try to take over the wastewater treatment plant and therefore control our sewers.
Councilmember Dempsey said she has been on council for twenty -one months and feels she earned the
right to set on some of these boards. Vote by Acclamation: In Favor: Mayor Munson, Deputy Mayor
Denenny, and Councilmembers Schimmels, Robertson, Gothmann and Wilhite. Opposed: Councilmember
Dempsey. Abstentions: None. Motion carried.
13. Motion Consideration: 2009 Federal Call for Projects — Steve Worley
It was moved by Councilmember Dempsey and seconded to approve the list of projects as presented for
the 2009 federal call for projects and authorize the Mayor to sign the project certifications for each
project funding application. Public Works Director Kersten explained that the revised Request for
Council Action explains that the Sullivan /Sprague Concrete Intersection project has been added to this
most current list of grant applications; that the estimated cost for this project has been recently updated
and is greater than the previous STP(U) grant received in 2006; and staff recommends submitting another
Council Regular Meeting: 9 -08 -2009 Page 7 of 8
Approved by Council: 09 -22 -09
grant application for this project to increase the federal funding to the typical 86.5% of the new cost
estimate. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS: Mayor Munson invited public comments; no comments were offered.
ADMINISTRATIVE REPORTS: N/A
14. INFORMATION ONLY: The Request for Affordable Housing Provisions was for information only
and was not reported or discussed.
EXECUTIVE SESSION: N/A
It was then moved by Deputy Mayor Denenny, seconded and unanimously agreed to adjourn. The
meeting adjourned at 8:00 p.m.
Christine Bainbridge, Ci Clerk
chard M. Mu , Mayor
Council Regular Meeting: 9 -08 -2009 Page 8 of 8
Approved by Council: 09 -22 -09
S1�ki
jUalley
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, September 8, 2009
Please sib n below if ou would like to speak at the
Public Hearing
PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents
for Council consideration should be provided to the City Clerk for distribution.
NAME
PLEASE PRINT
A '-/f/y
ADDRESS
TELEPHONE
g-Z7
My name is Susan Scott. I live at 2312 S. Bolivar Rd.
1 am here tonight as a participating member of the public who attended a majority
of the public SARP meetings referenced in these ordinances as your proof of
"appropriate public participation ". I have to say that after putting in all that time,
it has been very disappointing that once changes were made and the final plan
began to take shape, the public was effectively cut out of the process.
In the beginning, the city did itself and its citizens a great disservice by not
providing effective notice to the property owners, of the zoning changes contained
in the plan. The SARP was intentionally marketed as "revitalization ". Zoning was
not even mentioned until July of last year. The public trust was further
undermined by the lack of timely updates revealing the latest details of the plan
and plan map.
I checked the website today and the most recent information posted on the public
process dates back to September of 2008. The most recent draft of the SARP is
dated March 27, 2009, but contains incomplete maps and non - working links to
sections of the plan.
In spite of a directive from the mayor last June that a final draft be posted to the
city website and available for public review that has not happened. This
deficiency was also pointed out a month ago by Ben Wick during his interview for
the open council seat.
You are here tonight declaring an emergency pursuant to RCW 36.70A.130 and
claiming appropriate public participation has occurred. To date, there is still no
final draft or final map available as promised for public review and comment.
I'm not an attorney but it seems to me you may be premature in your action
tonight.
I can only respectfully hope that the council is better informed than the public has
been allowed to be and is prepared to accept the full responsibility of this adoption
and amendment, as the citizens, in my opinion, have been denied full disclosure on
this issue.
Thank you.
Social Services 2009 Awarded 12010 Requested $ Avg. of Prosals 2010
Project Access 15,000 25,000 21,000 $ 20,000
Arc of Spokane 5,000 750 $
Center Pointe 1,500 600 $
Hearth Homes 0 10,000 1,900 $
Valley Meals on Wheels 5,500 6,500 6,200 $ 6,500
Big Brothers, Bigh Sisters 4,000 10,184 4,900 $ 5,000
Spokane Valley Partners (Communit 11,000 35,000 27,500 $ 25,000
Coalition of Responsible Disabled (C 0 13,414 2,100 $ -
Spokane Valley Arts Council 5,000 10,000 6,100 $ 6,000
Community Minded Television 25,000 0 $
Greater Spokane Substance Abuse . 500 0 0 $
Vanessa Behan Crisis Nursery 0 0 0 $
Sub -Total 41,000
Economic Development Agencies
Greater Spokane Valley Chamber of 5,500
Greater Spokane Inc. 64,000
International Trade Alliance (ITA) 26,000
Spokane Neighborhood Economic D 3,000
Spokane Site Selector 16,500 already in 2010 budget
Sub -Total 115,000 95,000
156,000 236,598
_Budget = $1
141,598 71,050
30,000 21,200 $ 20,000
65,000 53,400 $ 60,000
0
0
74,600
145,650
i
DMAI'President cs CEO
.• .
DMAP
Destination
Marketing
Association Iniematinn='
Spokane Regional
Convention Et Visitors Bureau
Destination Marketing
Accreditation Program
has met the requirements for Accreditation by the
Destination Marketing Accred tation Program and
is hereby designated as an
Official - Destination Marketing Organization
2009- 2013
1A,C
MichiaelD. ehrisch ''
� Christine Shimas a, CMS,
DMAP Chair
Erosional Features
Depositional Features
Channeled scabland
Giant gravel bars
Dry coulees
Giant current ripple marks
Longitudinal grooves
Ice -rafted erratics
Recessional cataract canyons with rock blades
and plunge pools
Bergmounds
Potholes, rock basins, mesas, benches, and
buttes
Graded flood rhythmites
Abandoned spillways and divide crossings
Giant gravel mounds
Trenched spurs
Clastic dikes
Streamlined and scarped Palouse hills
Water gaps
Giant landslides
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Ice -Age Floods Fact Sheet
Glacial Lake Missoula (source for most Ice Age floods):
Equivalent to the volume of Great Lakes Erie and Ontario combined.
• Maximum Area = 3,000 mi (7800 km
• Maximum Volume = 600 mi (2,500 km
• Maximum Depth = 2,000 ft
• Maximum Length = 200 mi
• Years to fill = several dozen
• Days to Empty =2to3
Ice Age Floods:
Theory originally proposed in 1923 by geologist Harlen Bretz. Theory vehemently rejected
until the late 1950's. Generally accepted by the early 1970's. Similar flood features observed on
Mars.
• Peak discharge from Lake Missoula = 600 million ft /sec (17 million m /sec) = 10 times
the combined flow of all the rivers in the world.
• Last period of flooding = 12,800 to 15,500 radiocarbon years before present. Earliest
floods may have occurred 1 -2 million years ago, at the beginning of the Ice Age. ,
• Number of floods between 12,800 to 15,500 years before present = up to 100
• Length of influence (ice dam to Pacific Ocean) = 500 mi (800 km)
• Topsoil removed from eastern Washington = 16,000 mi (40,000 km
• Maximum height of hydraulic dam behind Wallula Gap = 1250 ft (380 m)
• Maximum depth of flooding above:
Tri Cities = 950 ft (290 m)
Yakima = 250 ft (75m)
Walla Walla = 250 ft (75 m)
Umatilla /Hermiston = 600 ft (185 m)
• Maximum velocity of floodwater = —80 mph
• Duration of floods = one week or less
• Types of features left behind by the floods:
Compiled by Bruce Bjornstad, Registered Professional Geologist
Senior Research Scientist, Pacific Northwest National Laboratory
509 - 371 -7223 (work)
509 - 948 -9893 (cell)
bjorn993520yahoo.com
The Floods
In the waning millennia of the Ice Age cataclysmic outburst floods swept across the
Pacific Northwest. The scablands, dry cataracts and coulees of eastern Washington
are just a few of the many examples of floods evidence that can be seen between the
mountains of western Montana and the Pacific Ocean. The story of those floods
literally changed the scientific discipline of geology in recent decades and fascinates
scientists, students and tourists today.
The Trail
ICE AGE FLOODS NATIONAL GEOLOGIC TRAIL
Prepared by Ice Age Floods Institute
The first of its kind Ice Age Floods National Geologic Trail will be a central route
with loops and spurs of existing highways connecting significant features formed by
the outburst floods of Glacial Lake Missoula. The main route would begin in
Missoula, Montana, cross northern Idaho and much of eastern Washington and then
follow the Columbia River to the Pacific Ocean, including parts of northern Oregon
and the Willamette Valley. (See accompanying map.)
The role of the National Park Service is primarily one of coordination of interpretive
efforts along the trail. Many floods features are already interpreted by state and
local governments and private groups. Feature selection, signage and highway pull
out locations will be determined by the Park Service.
The Ice Age Floods Institute
The Ice Age Floods Institute is a non - profit volunteer educational organization
formed in 1994 that is dedicated to informing the public about the unique geological
history of the region of the floods. The Institute participated in the 1999 "Study of
Alternatives
and Environmental Assessment" that was funded by the National Park Service. The
Institute and its ten local chapters conduct public field trips and present local
programs throughout the floods region.
State Support
Between 1998 and 2000 the Oregon, Washington and Idaho State Parks
Departments and the Montana Commerce Department all published statements of
support for the National Park Service's "Study of Alternatives and Environmental
Assessment ". During 2004 numerous local governments, mainly in eastern
Washington, passed resolutions of support for the trail bill that has been introduced
into both houses of Congress.
In February of 2005 Senate Joint Memorial 8000, a statement supporting creation of
the trail, was unanimously passed in the Washington State Senate.
Partnerships
Currently the Ice Age Floods Institute is forming partnerships for the purpose of
floods interpretation. Partnerships with Washington Water Trails Association,
Army Corps of engineers, Coulee Corridor Scenic Byway, Soap Lake Conservancy,
Washington State Parks and the Pasco - Kennewick Rotary are examples of efforts in
the planning stages that will impact eastern Washington. Other partnerships are
being formed in neighboring floods region states. The goal is for the National Park
Service to coordinate appropriate interpretive efforts into a unified trail spanning
the four -state region of the floods. The coordination by the NPS will bring tourists
to the largely rural floods region, creating business, job and educational
opportunities.
Economic Impact
The proposed legislation calls for an expenditure by the National Park Service of not
more than $500,000 annually to manage the trail. This is a modest amount when
compared to the tourist income that will be generated in the mostly rural
communities along the routes of the trail.
The tourism industry often makes reference to attractions like the trail as reason to
"spend another day" in the region. When one multiplies the $150 to $200 per day
expenditure by the number of tourists visiting the region, the income and revenue
potential is significant.
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3.06 Voting and Tele /video Conferencing. The votes during all meetings of the Council shall be
transacted as follows:
(a) Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by
voice, except that at the request of any Councilmember, a roll call vote shall be taken by
the City Clerk. The order of the roll call vote shall be determined by the City Clerk.
(b) In case of a tie vote on any proposal, the motion shall be considered lost.
(c) Every member who was in the Council chambers when the question was put, shall give
his/her vote unless the Council, for special reasons, shall excuse the member by motion.
If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a
"nay" vote unless the Councilmember is abstaining due to actual, or appearance of, a
conflict of interest.
(d) The passage of any ordinance, grant or revocation of franchise or license, any resolution
for the payment of money, any approval of warrants, and any resolution for the removal
of the City Manager shall require the affirmative vote of at least a majority of the whole
membership of the Council.
(e) The passage of any public emergency ordinance (an ordinance that takes effect
immediately), expenditures for any calamity or violence of nature or riot or insurrection
or war (except for the statutory powers of the Mayor in accordance with RCW
35A.13.030), and provisions for a lesser emergency, such as a budget amendment, shall
require the affirmative vote of at least a majority plus one (1) of the whole membership of
the Council. (RCW 35A.13.190) In the event calamitous conditions should prevent
assembly of such majority through pandemic, death, injuries or other emergency, the
provisions of RCW 35A.13.035 may be invoked.
(f)
Governance Manual
The passage of any motion or resolution not subject to the provisions of Washington law,
the Spokane Valley Municipal Code, or this Resolution as amended requiring a "super
majority" for approval, shall require the affirmative vote of at least a majority of the
membership of the Council who are present and eligible to vote.
(g) 1. Tele /video conference participation by Councilmembers may be allowed by
some or all members provided technical availability and compatibility of electronic
equipment shall enable the Councilmember to hear the proceedings, be heard by those
present and participate in Council discussion.
(a) Requests to use tele /video conference participation eyes
shall be limited to extraordinary circumstances or emergencies and must
be approved by the Council of the Whole by specific motion
(b) In such case, adequate equipment must allow the tele /video conference
participant to engage in Council discussion and be heard.
Telephone /computer system charges are to be at the Councilmember's
own expense, unless waived in the Council motion. Adequate notice
must be given to allow hookup in time for the main agenda.
13
Requests to monitor by tcic /vidco conference in a nonvoting capacity shall be
granted provided technical capability exists and adequate notice is given, and
(b) No tele /video conference participation for voting purposes shall be allowed for
public hearings or any quasi-judicial proceedings. Video conferencing may be
permitted upon a majority vote of the Council present at the meeting site for such
proceedings provided that all documents and exhibits are clearly visible and
legible to all participants and provided that a video and audio record of the
videoconference is made and provided to the clerk. The cost of such
videoconferencing and record thereof shall be paid by the Councilmember
requesting videoconferencing, unless waived by vote of the City Council.
Examples of extraordinary circumstances include but are not limited to culd he
emergencies or illness, accidents or unforeseen urgent business, ct.
3.07 Enacted Ordinances, Resolutions and Motions.
(a) An enacted ordinance is a legislative act prescribing general rules of organization or
conduct relating to the corporate affairs of the municipality. Council action shall be
taken by ordinance when required by law, or where prescribed conduct may be enforced
by penalty.
(b) An enacted resolution is an administrative act which is a formal statement of policy
concerning matters of special or temporary character. Council action shall be taken by
resolution when required by law and in those instances where an expression of policy
more formal than a motion is desired.
(c) An enacted motion is a form of action taken by the Council to direct that a specific
action be taken on behalf of the municipality. A motion, once approved and entered into
the record, is the equivalent of a resolution in those instances where a resolution is not
required by law, and where such motion is not in conflict with existing State or Federal
statutes, City Ordinances or Resolutions.
3.08 Ordinances. The procedures for ordinances are as follows:
(a) A Councilmember may, in open session, request of the Presiding Officer that the Council
consider enacting an ordinance for a specific purpose. The Presiding Officer then may
assign the proposed ordinance to the administration, a committee or the
Council of the Whole for consideration. The committee or administration shall report its
findings to the Council. The City Manager may propose the drafting of ordinances
(RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of
ordinances and resolutions, see Exhibit A -4 attached.
(b) Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or
resolution, he or she should so announce, make the initial motion and provide an
introduction of the measure.
(c) Ordinances shall normally have two (2) separate readings at separate Council meetings.
Unless waived by the City Council at each reading, the title of an ordinance shall be read
Governance Manual 14
the manner described on the flow chart attached hereto as Exhibit A -4, and by this reference
incorporated herein. Prior to final passage of all ordinances, resolutions or motions, such
documents or proposals shall be designated as DRAFTS. All such drafts shall also be dated to
include the most recent revision.
3.12 Complaints and Suggestions to Council. When citizen complaints or suggestions are brought
before the City Council on matters not on a Council agenda, the Presiding Officer shall, in
consultation with the City Manager, first determine whether the issue is legislative or
administrative in nature and then:
(a) If legislative, and a complaint is about the language or intent of legislative acts or
suggestions for changes to such acts, and if the Council finds such complaint suggests a
change to an ordinance or resolution of the City, the Presiding Officer may refer the
matter to a committee, administration, or the Council of the Whole for study and
recommendation.
(b) If administrative, and a complaint regards administrative staff performance, execution of
legislative policy or administrative policy within the authority of the City Manager, the
Presiding Officer should then refer the complaint directly to the City Manager for review,
if said complaint has not been so reviewed. The City Council may direct that the City
Manager brief the Council when the City Manager's response is made.
3.13 Photographs, motion pictures or video tape requiring artificial illumination — Prior
Permission Required. No overhead projection, photographs, motion pictures, or video tapes
that require the use of floodlights, or similar artificial illumination shall be used by the public at
City Council meetings without the prior consent of the Presiding Officer or the City Manager.
End of Article 3 - Council Procedures
ARTICLE 4 - COMMITTEES, BOARDS & COMMISSIONS
4.01 Committees.
(a) All standing Committees, Boards, and Commissions which are required by state law shall
be appointed by the Mayor with confirmation by the Council.
(b) All other Council Committees, Citizen Task Force groups and rules or operating
procedures thereof shall be established by Council Directive with special attention to
RCW 35A.13.120, and after consultation with the City Manager. Such committees shall
be commissioned for a time certain, not to exceed two (2) years or the term of the
appointing Mayor, whichever is less and provided with a clear task description and
"sunset" provision. Appointment shall be by the Mayor. Council may waive
confirmation in the instrument creating said committee or group. Such Committees shall
be subject to review, whenever a new Council is seated following elections, so as to
determine whether the committee and its functions continue to be appropriate and
necessary. Members of any Committee, Board or Commission which have been
appointed or confirmed by the Council, may be removed without cause by a majority
Governance Manual 16
EXHIBIT A -5
1 Standing Committees or Commissions required by law shall be appointed by Mayor for a time certain not
to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council:
Finance -- 3 members
Planning Commission -- 7 members
Lodging Tax Advisory Committee -- 5 members.
Committee Procedures: The Finance Committee shall have no regular prescribed duties or meetings except the
bills /payroll and warrant procedures required by state law, unless specifically charged by the City Council.
Committee meetings (when held) should be open to the public, including the media, unless discussing matters
which would qualify for an executive session if discussed within the whole Council. All Council Committee
meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters
unless requested by the City Manager. Legislative policy considerations should be brought to the
Council -e€ -the- Whole, unless referred to a committee for pre- study.
The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for
the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a
clear task and a method of "sunsetting" the committee at the conclusion of the assigned task.
2. Council liaison appointees shall be appointed by the Mayor and confirmed by the Council for a time certain
not to exceed the term of the appointing Mayor.
3. Liaison Procedures. Individual members of the Council may be assigned as liaisons whose duties involve
keeping current with a group or activity by either attendance when the group or activity takes place or
communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons
may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be
taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies
or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaisons
functions and duties may be further defined and /or directed by the Presiding Officer with concurrence of
Council.
4. Task Force Creation Criteria. The City Council may, from time to time, create, and appoint members to,
small Task Force Groups for the purpose of examining issues and making recommendations important to the
City Council but not requiring the more formalized process stated in (5) below. In all cases, the instrument
appointing a Task Force shall prescribe a time certain for the work of the Task Force, contain a clear task
assignment and a method of "sunsetting" the group upon completion of the task.
5. Task Force/Public Forum Steering Group for Public Issues of high interest/high impact. Upon motion of
the City Council, a Councilmember may be appointed by the Mayor as a liaison leader to organize a steering
group to strategize a particular community subject or issue. The steering group shall consist of two
Councilmembers and one representative of City Administration. The Councilmembers shall be appointed by
the Mayor and the technical support shall be appointed by the City Manager. Such appointments shall
identify the task(s) and a method of determining how the group shall "sunset" when the task is
completed. The steering group shall serve as a collection point for information and activity pertaining to the
task or issue assigned. Various City representation roles and Council liaisons may be involved in bringing
information together on the task or issue. The steering group liaison informs Council of the group's activity at
Council meetings (when appropriate). A task force group may then be created by Council motion (directive)
to function according to the model attached as Exhibit A6(1).
Governance Manual 29