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2009, 01-27 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 152n meeting. Attendance: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, January 27, 2009 City Staff: Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Mike Stone, Parks & Rec Director Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Steve Worley, Senior Engineer Inga Note, Senior Traffic Engineer Micki Harnois, Associate Planner John Whitehead, Human Resources Manager Greg McCormick, Planning Manager Carol Carter, Customer Relations Coordinator Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Bill Miller, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Bill Dropko of Greenacres Christian Fellowship Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he attended the Council of Governance meeting last week at the Fairgrounds, and that they had good representation, and discussed the water rights issue, and said he would like that as a future council agenda item. Councilmember Taylor: explained that he attended the Developer's forum held by the City with members of our engineering staff, and that John Hohman and others did a fantastic job discussing street standards; and mentioned he also attended the Council of Governance meeting. Deputy Mayor Denenny: said that he attended the Council of Governance meeting; and he and Councilmember Gothmann met with County Commissioner Todd Mielke. Councilmember Dempsey: mentioned she attended a GMA discussion here by City Attorney Connelly; and she too attended the Council of Governance meeting Friday. Councilmember Gothmann reported he met with some of the Edgeclift members where they discussed using Edgeclift as a resource for us or vice - versa, and of what kind of cooperation can take place; he attended the GMA Steering Committee meeting where Susan Winchell discussed collaborative grants and Council Regular Meeting: 01 -27 -2009 Page 1 of 9 Approved by Council: 02 -10 -09 the next phase of looking at possible revenue sources, and said that Greg McCormick gave an update on the UGA growth areas and indicated he'll provide a schedule of future dates concerning the UGA process; that he attended the Health Department meeting where they decided to look at various organizational structures and that they will be moving forward with recruitment for the new Health Officer; and that he spoke with Jennifer Hanson of the Health Department concerning smoking cessation programs; and mentioned he was elected as Vice Chair for this year. Councilmember Gothmann also reported that during the Council of Government meeting, water rights were discussed, including mention that the Department of Ecology is trying to gather all unused rights; and that at the Chamber of Commerce Ball, he witnessed Diana Wilhite, as last year's Person of the Year, give the award to Ian Robertson, this year's recipient. Councilmember Wilhite: said that she attended the GMA meeting and mentioned the change in meeting date for next month and said that Susan Winchell will be giving a presentation then; that she attended the Spokane River Forum at CenterPlace where they discussed water issues and water quality; that she was privileged to announce at the Chamber of Commerce ball that Ian Robertson is this year's Citizen of the Year; and she complimented Spokane Valley staff for a great job on presenting the Developer's forum; MAYOR'S REPORT: Mayor Munson reported that he attended the Business Association meeting January 8; that he and Mayor Verner met and discussed areas of common interest as they worked to develop a list of things both entities can begin to discuss and see if there are ways to cooperate on several issues; that he met with the superintendent of the West Valley School District; he attended the STA Board meeting where Deputy Denenny chaired his first meeting; he and Councilmember Wilhite both commented on the Spokane Regional Transportation Council meeting and of a proposed change in that board's membership; he attended the Greater Spokane, Inc. Board meeting where the stimulus package was discussed, and Mayor Munson mentioned we should not be optimistic concerning this region's transportation funding; that he attended the 911 Board meeting today where they are moving forward with the reverse 911 for this region; and that he met with Susan Winchell today to discuss topics for the next GMA Steering Committee meeting. PUBLIC COMMENTS: Mayor Munson invited general public comment; no comments were offered. Mayor Munson then recognized and welcomed members of the judiciary in tonight's audience: Judge Tripp, Judge White, Judge Peterson, Judge Walker, Court Commissioner Seines, and District Court Administrator Rockwood. 1. PUBLIC HEARING: Amended 2009 Transportation Improvement Plan (TIP) — Steve Worley Mayor Munson opened the public hearing at 6:20 p.m. and invited Engineer Worley to the podium. Mr. Worley explained that as we do at the beginning of each year, this is the annual update to the 2009 TIP; that since the adoption of the 2009 -2014 TIP, staff submitted three grant applications, and the Indiana Avenue Extension project was selected for funding. Mr. Worley explained about the carryover projects from last year; and that staff issued a Request for Qualifications for design services for preservation projects and improvement projects for potential funding from the Federal Economic Stimulus Package, as it is reported that projects eligible for this funding must be ready for bid within 180 days after funds become available; and said staff recommends that the 2009 TIP be amended to reflect the deletion of projects that did not receive funding, and to include those projects that were not completed in 2008 and have been carried over to the 2009 construction year. Mayor Munson invited public comments. No comments were offered and Mayor Munson closed the public hearing at 6:25 p.m. 2. 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, Voucher # 16366 through # 16422; $410,643.53 b. Payroll for pay period ending January 15, 2009: $255,308.98 c. Approval of Council Study Session Meeting Minutes of January 6, 2009 Council Regular Meeting: 01 -27 -2009 Page 2 of 9 Approved by Council: 02 -10 -09 d. Approval of Council Special Study Session Meeting Minutes of January 12, 2009 e. Approval of Council Regular Meeting Minutes of January 13, 2009 It was moved by Councilmember Taylor, seconded, and unanimously agreed to approve the consent agenda. NEW BUSINESS: 3. Proposed Resolution 09 -002 Restricting Parking — Inga Note It was moved by Councilmember Taylor and seconded to approve Resolution 09 -002. Senior Traffic Engineer Note summarized what was discussed last week; adding that she has not received any written comments since the last meeting, did receive a phone call inquiring about the date of tonight's meeting, and said there have been no changes since the last meeting. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Proposed Resolution 09 -003 Amending 2009 TIP — Steve Worley It was moved by Councilmember Wilhite and seconded to adopt Resolution 09 -003 the amended 2009 TIP as presented by staff. Engineer Worley explained that this is the resolution to adopt the amended 2009 TIP; he added if there is a second "wave" of stimulus funding, staff can come back for other revisions; that the economic stimulus funds can only be used for construction and not for right -of -way or design. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: CenterPlace Food Services Contract — Mike Stone It was moved by Councilmember Taylor and seconded to approve the CenterPlace Food Services Contract with Beacon Hill Events and authorize the City Manager or designee to approve the annual renewals. Parks and Recreation Director Stone said this issue was discussed last week; he went over the contract highlights and benefits of the contract; and he and Mayor Munson thanked Carol Carter for her work on this project. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Poe Street & Stormwater Contract Renewal — Neil Kersten It was moved by Councilmember Taylor and seconded to approve the renewal contract to Poe Asphalt Paving Inc. in the amount of $1,175,119.00 .Public Works Director Kersten explained the process of acquiring this bid as noted in his January 27, 2009 Request for Council Action form, adding that if the price of liquid asphalt goes down, Poe will correspondingly lower their price. Mayor Munson invited public comment. Steve Robinson, CEO Spokane Rock Products, 4418 East 8 Avenue: Mr. Robinson said his company has its corporate headquarters within our city limits; they have over 200 employees and provided a competitive bid at the time and he was told the award went to Poe because overtime would not be a part of that contract; but he said he sees overtime is; that regarding experience, he has been in this field of work over 30 years; and that his company works all over the community; that he would like the opportunity to bid on this contract and provide jobs instead of having funds go across to Idaho where Poe has its headquarters; and he requested Council table this motion and to put this out for a competitive bid. There followed discussion about reasons or what criteria we would follow if we did not move forward with automatic renewals; and Public Works Director Kersten said if not, we would have to go through another selection process; he said that Rock Products was included in that process but was not selected; that the contract clearly stated it would have seven, one -year renewal terms so that we might acquire a better price; that there were prices for overtime in the original proposals, but we generally don't use them Council Regular Meeting: 01 -27 -2009 Page 3 of 9 Approved by Council: 02 -10 -09 as the work normally falls during the regular Monday through Friday, eight to five work day. City Attorney Connelly said the project was put out to bid in 2007, and reiterated that the contract called for the seven, one -year renewals; that public works recommends it be renewed for this year, or we can terminate with minimal notice if there is a problem with performance; and once it runs out, it goes out for public bid. Councilmember Taylor mentioned that it would be more difficult to work with private contractors if they didn't have knowledge that there would be some type of continuity. Councilmember Schimmels suggested looking at that closely if someone protests, that no one ever questioned the renewal effort of other bids; and it was then moved by Councilmember Schimmels and seconded, to table this for thirty days. Vote by acclamation on the motion to table: In Favor: Deputy Mayor Denenny, and Councilmembers Schimmels and Dempsey. Opposed to the motion to table: Mayor Munson, and Councilmembers Gothmann, Wilhite and Taylor. Motion to table failed. Councilmember Gothmann said he would not be opposed to having the issue of the seven, one -year contract renewals discussed in general, or the merits of renewal contracts; and Councilmember Schimmels said he would agree with the seven, one -year renewals if it were for equipment rather than for services. Vote by Acclamation on the original motion to approve the renewal contract to Poe Asphalt Paving Inc. in the amount of $1,175,119.00: In Favor: Mayor Munson and Councilmembers Schimmels, Dempsey, Gothmann, Taylor and Wilhite. Opposed: Deputy Mayor Denenny. Abstentions: None. Motion carried. 7. Motion Consideration: District Court Contract — Cary Driskell It was moved by Councilmember Taylor and seconded to authorize the City Manager or designee to give Spokane County and Spokane County District Court notice of termination of the Interlocal Agreement for costs incident to adjudication of misdemeanor and gross misdemeanor offenses in the City of Spokane Valley, pursuant to RCW 3.50.821 and RCW 35.20.010, and in accordance with the agreement of the parties that such notice of termination may be revoked by the City prior to December 1, 2009. Deputy City Attorney Driskell mentioned that the more appropriate citation would be RCW 39.34.180 instead of those two mentioned; as that provision refers to the other two provisions for the authority and the timeframes under which the notice would be given; and it was moved by Councilmember Taylor and seconded, to amend his motion as stated with the RCW 39.34.180 rather then the previously stated RCWs. Deputy City Attorney Driskell explained that last December, Council provided direction to staff to perform alternative analysis on the seventeen contracts we hold with Spokane County; that staff determined that the District Court contract had a different termination period (based on state statute) then the other contracts; resulting in requiring an immediate analysis; and if the City wanted to perform an alternative analysis on this contract, it would need to give notice prior to February 1, 2009 for the contract to end December 31, 2010; a period of almost two years; and if the City failed to do that, we would not be able to form our own court or use any other providers until January 1, 2015; that an alternative analysis would be irrelevant if we did not examine the option of terminating the contract. Mr. Driskell said staff outreached to the contracting partners to discuss an agreement to allow the City to revoke that termination notice, up to December 1, 2009; which they agreed to. Mr. Driskell said that the District Court agreed and made it clear that they value our contracting relationship and take a great deal of pride in the services they provide, and said they would have preferred we did not feel compelled to perform the alternative analysis. Mr. Driskell said that he was advised today that if Council passes a motion to give notice of termination, Spokane County and District Court will notify the State Administrator of the Courts of the need to reduce the total number of judges allotted by the legislature, from ten judges to eight judges; that the number of judges is based on an objective workload analysis performed annually by the Court; and if such notice of termination were revoked, Mr. Driskell said the Court would anticipate filling any judicial position to cover the increased caseload, with one or more court commissioners. Mr. Driskell further stated that if this motion is passed, staff anticipates simultaneously performing the court analysis along with four other Council Regular Meeting: 01 -27 -2009 Page 4 of 9 Approved by Council: 02 -10 -09 services, i.e. Prosecutor, Public Defender, Pre -trial Services, and Probation due to the inter - related nature, and because it may be if the City determined to start its own court or contract with another entity, it would either be uneconomical or impractical for the County to continue with the other related contracts. Councilmember Gothmann asked about the affects on the County and judges if this motion were not passed; and Mr. Driskell said he would prefer to leave that to the judges rather than speak for them. Deputy City Attorney Driskell stated that if this motion were passed, there would be no change from our standpoint in the provisions of service for the remainder of 2009 and all of 2010. Mr. Driskell also mentioned that since staff would be working on all five contracts simultaneously, the alternative analysis would likely take up to December 1, 2009, and that he would work to shorten that time frame if possible; keeping in mind that Council would need time to deliberate upon the alternative analysis. Deputy Mayor Denenny asked if it would be beneficial to solicit aid from an outside agency to assist with the alternative analysis; and Mr. Driskell said he had not given that any consideration; and City Manager Mercier said if we feel we are capacity constrained in conducting the analysis within a reasonable time, we would turn to outside assistance, but that we do not anticipate such need at this time. In response to Councilmember Gothmann's reiteration of what would happen if this motion were or were not passed, City Attorney Connelly said that if this notice is given, the contract continues as is currently written for 2009 and for 2010; and if notice is given and then revoked, it is possible there could be more commissioners and fewer judges performing the services. Mayor Munson invited public comment. Rick White, District Court Judge: stated that he is the Presiding Judge, and is grateful for this communication opportunity; he acknowledged the event which preceded this discussion: something to do with a disagreement with the County about snow removal, and that it had nothing to do with public safety issues; he said he realizes the City of Spokane Valley is and has been happy with the services provided by the Court; that about three months ago the County Commissioners approached him to discuss closing the Valley Court as the cost to provide security is very expensive; and said he responded with a resounding "no." Judge White said they have a presence in the court weekday mornings and evenings; with a special DUI court held every other week; there is a presence in the Valley Substation of the probation office on a part-time basis; and he stated he is pleased with the outcome of the intended goal of having positive relationships with the City; and said if the letter goes out tomorrow to the Board of County Commissioners, then tomorrow afternoon another letter will go to the Chief Justice of the Supreme Court and efforts will be made, and he said he anticipates those efforts will be successful, to reduce the number of judges authorized by the statute, from ten to eight. He said the Board has communicated that they will not fill Judge Plese's position; they have eight judges plus an open ninth position; and that for the current open ninth position, the Board of County Commissioners decided if this letter goes out, they will ask the legislature to reduce the number of judges from ten to eight, which would be effective two years from January. Judge White said that while we have the right to recall the letter by December 1, steps will be taken to reduce the judges for at least the next six years. Judge White also mentioned public safety; and said when it comes to public safety, if we already have a stable court system, then he doesn't want exploration of performing those services in a less expensive way; and he said on behalf of all the judges, they ask and urge Council not to vote in favor of this motion. Mayor Munson said if this motion is not passed, would the County Commissioners proceed with the reduction in judges; and Judge White said he is positive they would not. Mayor Munson asked Judge White if he could address that this Council is working under a threat; and Judge White said there is no threat; as they did the math with AOC, and said if the Valley doesn't have a relationship with the District Court system, that a number of cases, according to AOC's formula, justifies a number of judges in the court, and he said there is no threat; and said the County is under the same time restrictions as the City of Spokane Valley; that this is their window of opportunity, and if they miss this opportunity, they can't do this again for four more years; and he again stressed there is no threat. Council Regular Meeting: 01 -27 -2009 Page 5 of 9 Approved by Council: 02 -10 -09 In response to Deputy Mayor Denenny's question about the difference between a judge and a commissioner, Judge White said the recent statue changes are that a court commissioner cannot hear a jury trial; and he said he feels it is very important to have a judicial officer who is responsive to their community; but a commissioner is an employee; and in terms of responsiveness, a judge is more accountable to the community then a court commissioner. Councilmember Gothmann asked Judge White to compare how Spokane Valley would be served if the motion passes, and if the motion does not pass. Judge White said if the motion passes, City staff and council will engage in an analysis which could include how much it would cost the City to build its own courthouse and have its own judges, prosecutors and public defenders, clerks, and probation office. Councilmember Gothmann stated he wanted to know how we would be served a month from now if this motion passes, and City Attorney Connelly said the contract stays in effect this year and all of 2010 regardless of the outcome of this motion. Judge White said if this letter is not sent, he envisions within the next month that the Board of County Commissioners will proceed to fill Annette Plese's position and there will be a full time judge; as now that position is being filled by a Court Commissioner; and if the letter is sent, the County will not fill the position as it will continue with a Court Commissioner. Attorney Connelly said what the County does with the position isn't directly related to any action tonight, but is simply something they can do on their own accord; and Judge White said it is "definitely predictable with all certainty." Councilmember Dempsey asked if the letter is rescinded, and the judges are reduced to eight, can we move back to ten judges; and Judge White answered no, it would be too late as the Board of County Commissioners would have to amend the statute through Olympia; and he said he could not answer if the balance of the two years, should the letter be sent, that the City would be represented by a commissioner as it would be the judges' decision and he would have to discuss that with the entire bench; but reiterated that Annette Plese's position is being served by a commissioner, and added that the judges will serve this community as best they can. Mayor Munson asked how many jury trials that court hears a year, and Judge White responded that it is very rare to have a jury trial; as the Valley was used almost predominately as a traffic court, which is never a jury, and for small claims, which is never a jury, although juries have been done there on an overload basis. Councilmember Taylor asked if there is a large difference between services provided by judges or provided by commissioners; and Judge White said there is no comparison as the two are different; that commissioners have historically been assigned the traffic and non - criminal dockets except when one of the judges is not available, then they fill in; and in terms of being accountable to a community, a judge must be more accountable. City Attorney Connelly added that the other variable that could occur if notice is given and the state reduces the number of judges from ten to eight which would be the court system for the ten -year period, the Commissioners could always go back to the legislature for an additional judge seat; and Judge White said that is very hard to accomplish in one year to ask the legislature to take us from ten to eight, and in the following year ask to go from eight to nine; which Mr. Connelly said might be a good reason to go to nine now. Mayor Munson said we know that the City of Spokane removed itself form the district court system and started their own; and their caseload was much bigger than ours was, so the decision to reduce the number would be based more on that loss of caseload then from Spokane Valley's loss of caseload. Judge White said that is reasonable, but that they already lost all of their court commissioners; they have three court commissioners working for them, two of them share one job; and one does Judge Plese's job in the Valley. Mayor Munson said he is aware of that removal of those five commissioners, but asked if that addresses the need for judges based upon the removal of the City of Spokane from their workload; and Judge White answered yes it does; and he said that the calculations they rely upon, state that the Valley represents 1.1 full -time judicial officer; and added that they now have a zero pro -tem budget. Councilmember Schimmels asked the question: if it's not broken, why are we trying to fix it. Council Regular Meeting: 01 -27 -2009 Page 6 of 9 Approved by Council: 02 -10 -09 Judge Greg Tripp, 1100 W Mallon Spokane, Wa: explained that the public expects and has a right to expect that they will receive services, which is why the courtroom is here; and that they would seek to expand the services of small claims court, harassment cases, traffic cases, etc.; that along with service is the matter of cost; and in reviewing the contract there are some things that should be examined, and said they should look at the formula they use; that they are honored to serve the citizens of Spokane Valley; he reinforced Judge White's comment that this is not a threat; but he said that the opportunity exists now to analyze and amend the contract, and to work with the judges to make sure the City of Spokane Valley is only paying for and receiving the services wanted; and said if we decide not to send the letter of termination, the possibility will be stopped of having to go to the legislators and then having to go back again; and he said section 16 of the contract indicates that no changes can be made unless the change is made in writing and executed by the parties; and emphasized their willingness and happiness in servicing the Spokane Valley; and he asked that the letter of termination not be sent; but that Spokane Valley work with the judges to review the contract, and probably change the methodology in the way Spokane Valley is billed for their services on a more precise, per -case basis. Council discussion included comment from Councilmember Gothmann that the measurement system we are trying to serve is too much, and he said he would be against this motion, but he asked to continue the effort to the alternative analysis, and that we should not disturb a good system only because we want to measure it. Councilmember Taylor mentioned other than the sudden termination by the County of the snow plowing contract which started this process of preparing contingency plans should other contracts be severed unexpectedly; that this involves a multi -year dispute between the City of Spokane and Spokane County over the provision of judicial services; when the City of Spokane moved to terminate their contract, it was because they wanted to form their own court, but that is not the case here; and he explained that these are defensive measures to ensure our citizens will be best served if there is a disruption in the services contracted for; and this letter of termination is not because we are looking for our own way or we don't like the services being provided; but is rather a way to examine the complete options for our city which have not been explored since incorporation; and said he agrees with the philosophy that "if it isn't broke don't fix it," but said we need to make sure it is not broke and that we can get the best service from the providers to make sure our citizens are not paying more than they should, and said he would support the motion. Deputy Mayor Denenny mentioned that if it were not for the unusual circumstances with the judicial vacancy, and that there could be a change in the number of judges, he said he feels there would be no question that we would be examining alternatives; but because the City of Spokane left, there would obviously be a number of judges displaced; that what was removed were the commissioners, and in looking at the proportionally of cases, he said he thinks there would be an equal number of commissioners to judges with the eight , in light of the City of Spokane, a city of 200,000 is now gone; if one judge is removed and all the commissioners were removed; and said if our city said we want to be part of this again, the positions would be re- filled with commissioners, therefore making the proportionally of judges to commissioners as it was in the past. Mr. Mercier said that the numbers prior to the separation of the City of Spokane included nine judges and five commissioners, and currently if tonight's proposition were to move forward, the number of judges would be reduced to eight and 1.5 commissioners; and that the reduction in commissioners was budget - related due to the reduced workload. Councilmember Dempsey stated that she is perturbed by what she feels is a threat that prevents us from conducting our own study; that the study was to be on court options and not on the effectiveness of the court, and she said that she feels there is a hammer over her head; and she said she is not thrilled about the threat. Councilmember Wilhite remarked that not only is our city on a tight timeline, but likewise is the County regarding how they would keep the courts; and she said she was not aware that the court system might not fill a vacancy created by Ms. Plese taking over a new judgeship; and from what Judge Tripp mentioned, she said perhaps there is a need to examine the billing methodology; therefore we should be examining our Council Regular Meeting: 01 -27 -2009 Page 7 of 9 Approved by Council: 02 -10 -09 contracts, and she said she was sorry this places the judges in the position that they might lose a position they fought from the legislature to receive. Mayor Munson added that the City of Spokane Valley is not the City of Spokane and we are not in a position to make the decision that Spokane made; but we need an alternative plan in the event the County Commissioners decide to terminate this contract; that they only need give us notice a year ahead of time; but we are required to give notice during an election cycle, which is a two -year cycle, thereby putting us in a difficult position; and he added that the County Commissioners have a choice of being confident that our analysis will show that the current system works well, but these would be the alternatives available to the City of Spokane Valley should the County Commissioners decide to terminate the contract; that the County Commissioners do not have to reduce the number of judges based on an action to examine the contract; and such is not a requirement but a reaction to what we are trying to do; and if at the end of the two years we should decide to act, that would mean they would have two more years to adjust the judges; and Mayor Munson said that the argument could be made that if this motion is passed tonight, removing a judge based on that letter of termination would be arbitrary; and perhaps capricious and not prudent; and he added that that is his personal opinion, and said he agrees with Councilmember Dempsey that he views this as a threat; as it does not have to happen; and he questioned the need to use the City of Spokane Valley to reduce the number of judges, especially when no decision has been made to change what is in place; and that this City cannot be placed in a position that if the County were to terminate this contract, we would have no alternative to fall back on, which would be a disservice to our citizens. Vote by acclamation on whether to amend the motion: In Favor: Unanimous. Opposed. none. Abstention: None. Motion carried to amend the motion to change the RCW citation. Vote by showing of hands, on the amended motion to send the letter of termination: In Favor: Mayor Munson, Deputy Mayor Denenny, and Councilmembers Dempsey, Wilhite, and Taylor. Opposed: Councilmembers Gothmann and Schimmels. Abstentions: None. Motion carried and the letter of termination notice will be given. PUBLIC COMMENTS: Mayor Munson invited general public comment; no comments were offered. Mayor Munson called for a short break at 7:45 p.m. and reconvened the meeting at 7:55 p.m. ADMINISTRATIVE REPORTS: 8. Street Vacation STV 04 -08 — Micki Harnois Planner Harnois explained the proposed street vacation as per her January 27, 2009 Request for Council Action form and accompanying PowerPoint presentation; and when a question came up about the Railroad's rights to the vacated property, City Attorney Connelly said his office is researching that issue. Ms. Harnois added that the Planning Commission voted unanimously to recommend approval. There was council consensus to place this issue on a future agenda for council approval consideration. 9. City Hall Design Services — Neil Kersten Public Works Director Kersten explained that Bernardo Wills and GGLO developed the City Hall Program document outlining the function and space requirements for the future City Hall; and in order to continue the development of the project and continue with the work schedule approved by Council, Mr. Kersten submits the proposal for Council review; and if approved, this phase would move ahead with the design of City Hall, which would lay out in detail and in two and three - dimensional drawings, interior spaces, architecture, site design, landscaping, and building detail to clearly see what the building will look like; and said that this would take us through about 15 -20% of the design in order to get it ready to bid to a contractor. Discussion turned to the benefits and options, and pros /cons of doing the LEED /ELCCA, which was listed at $33,500; whether that option should be removed entirely; to keep it in and get enough information to make a future determination; whether keeping that might mean future financial assistance; the idea of beginning the process and making a decision later; and to see the cost figures associated with Council Regular Meeting: 01 -27 -2009 Page 8 of 9 Approved by Council: 02 -10 -09 all aspects associated with the LEED/ELCCA. Gary Bernardo mentioned that an estimated one -third to one -half of that line item is associated with the life -cycle cost analysis which is required for publicly funded buildings; some is not discretionary as the analysis must be done, and the intention is to create enough LEED analysis that could be incorporated in the building, whether that be for recycling rain water, or other options. Mayor Munson said he would like to get some closer cost analysis on what the study would look like; and Councilmember Wilhite mentioned she attended a seminar several years ago on LEED certification where the company went platinum, and said she will communicate back with the architect to see what the costs were including maintenance, and whether it saved them money. Mr. Mercier mentioned that this item is scheduled for a council vote for the February 10 council meeting. 10. Growth Management Act Interlocal Amendment — Mayor Munson Mayor Munson mentioned that this would be a ratification of changes already approved by the GMA Steering Committee of Elected officials; and after he went through the changes, there was Council consensus to place this on the next regular council consent agenda for approval consideration. INFORMATION ONLY: The Spokane County Library District 2008 Fourth Quarter Report, and Department Reports were for information only and were not reported or discussed. EXECUTIVE SESSION: Pending Litigation; Land Acquisition It was moved by Deputy Mayor Denenny and seconded, to adjourn into Executive Session for approximately thirty minutes for the purpose of discussing pending litigation and land acquisition, and that no action is anticipated afterwards. Council adjourned into Executive Session at 8:30 p.m. At 8:54 p.m., Mayor Munson declared Council out of Executive Session. It was moved by Councilmember Taylor, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. TT 9 Christine Bainbridge, City Clerk chard Munso ayor Council Regular Meeting: 01 -27 -2009 Page 9 of 9 Approved by Council: 02 -10 -09 NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT ADDRESS TELEPHONE yd' Alivv 'Di,. 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