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2009, 01-13 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, January 13, 2009 Mayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 151st meeting. Attendance: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember City Staff Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Mike Stone, Parks & Rec Director Scott Kuhta, Senior Planner Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Morgan Koudelka, Sr. Administrative Analyst Ken Thompson, Finance Director Kathy McClung, Community Development Dir Lori Barlow, Associate Planner Carolbelle Branch, Public Information Officer Bill Miller, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries 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 amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMIVIARY REPORTS: Councilmember Schimmels: said his committee was snowed out and he had no report. Councilmember Taylor: said his Convention and Visitor's Bureau meeting was also snowed out and he had no report. . Deputy Mayor Denenny: said he had no report. Councilmember Dempsey: said the ITA was snowed out; and the Spokane Regional Clean Air Committee did not meet during January, so she had no report. Councilmember Gothmann said the Housing and Community Development Advisory Committee approved $302,000 of HUD grant projects; that they make the recommendation to the Board of County Commissioners who makes the final decision; that he also meet with Edgeclift and they are in the process of trying to see what kind of summer programs they can arrange. Councilmember Wilhite: said that she attended the SRTC meeting; and attended Rosauer's grand re- opening which included having Huckleberry's in the middle of their store. MAYOR'S REPORT: Mayor Munson reported that snow curtailed a lot of activities last week; but he attended about five Emergency Operations Center (EOC) meetings in person or by phone; that January 2 he hosted a Spokesman's Review editorial group where they spoke with him for a few hours as he gave Council Regular Meeting: 01 -13 -2009 Page 1 of 5 Approved by Council: 01 -27 -09 an update on what City is all about, including challenges and successes; that he attended the Rosauer's openings; two EOC Meetings that day but not attend the STA Committee meeting; that this morning he was interviewed by Comcast to review the City's challenges and successes from last year; and said in our attempt to reach out to the Board of County Commissioners to mend fences, he saw some positive steps in that direction as he and members of the Board of Commissioners exchanged several communications; adding that a tentative joint meeting is set for February 23 to discuss the wastewater treatment plant. Councilmember Gothmann mentioned that Mayor Munson was selected by the Valley News Herald as the "Man of the Year "; and Councilmember Wilhite made a presentation of a plaque honoring this City's National League of Cities' Membership and support of NLC programs for the past five years. PUBLIC COMMENTS: Mayor Munson invited general public comment. Spokane Valley Fire Chief Mike Thompson mentioned the upcoming special election February 3 where among the many school ballot issues, will be a Fire Department Levy, and he distributed copies of the "2010 -2012 Special Levy Fact Sheet." 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Claim Vouchers, Voucher # 16242 through # 16293; $3,113,928.59 b. Payroll for pay period ending December 31, 2008: $342,334.54 c. Approval of Public Defender Re- Licensing Amendment d. Approval of Council Study Session Meeting Minutes of December 16, 2008 e. Approval of Council Special Emergency Meeting Minutes of December 23, 2008 f. Approval of Council Regular Meeting Minutes of December 30, 2008 g. Approval of Council Retreat Meeting Minutes of January 5, 2009 Councilmember Schimmels mentioned that the December 30 minutes, page three, the committee he was appointed to should be the "Solid Waste Liaison Board; and that Deputy Mayor Denenny is on the Solid Waste Advisory Committee. It was then moved by Councilmember Taylor, seconded, and unanimously agreed to approve the consent agenda as amended. griopase - .Ql a° es_ol ii®i (Ase D_eclarring k ergenely .ondtbi€u s Ab,ate_ o o .aiy lIst ke 1 It was moved by Councilmember Taylor and seconded to pass resolution 09 -001 declaring that the emergency conditions which gave rise to the passage of resolution 08 -023 have abated. Deputy City Attorney Driskell explained that city staff consulted with the appropriate fire, police, and County emergency staff, and all indicated that the emergency conditions have now abated. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. ADMINISTRATIVE REPORTS: 2. District Court — Cary Driskell Deputy City Attorney Driskell explained that consistent with Council's direction to do an analysis on a number of contracts we hold with Spokane County, it became apparent that due to statutory deadlines, we had to immediately address the interlocal contract we have with Spokane County and the District Court, which handles infractions, misdemeanors and gross misdemeanors. Mr. Driskell explained that we have three options: (1) keep the current contract with Spokane County and the District Court, which is a one - year contract which renews annually unless terminated; (2) contract with another governmental entity to provide these services; or (3) form our own municipal court under RCW 3.50. Mr. Driskell explained his contract chart of options which showed February 1, 2009 as the date of notice requirement for remaining with Spokane County; and January 31, 2009 as the date of notice requirement for contracting with another entity or forming our own court. Mr. Driskell further explained that the County has a much shorter termination period, as the contract we have is renewed each year unless terminated, but the County could Council Regular Meeting: 01 -13 -2009 Page 2 of 5 Approved by Council: 01 -27 -09 give notice December 31, 2008 and the City would have to form its own court or contract with another entity by January 1, 2010. Attorney Driskell also mentioned that he would like to speak with representatives from the District Court and Spokane County about the revoking notice language; and said that at present, he does not have as much information as he would like, but could make further presentation at the January 20 meeting to help Council make a final determination at the January 27 meeting. Mayor Munson asked if the County must accept our withdraw notification, and what might occur should the county refuse to accept our withdraw; to which Mr. Driskell replied that several options will be explored in the next several days and he will report to Council at the January 20 meeting. After further discussion concerning possible options, the various determination notice requirements, the possibility of changing the existing contract to conform with statutory law regarding termination rules; level of service, mention that there are no known difficulties with the current court service and this is only an alternative analysis, Council concurred that Mr. Driskell report on this subject again at the January 20 meeting, including a brief financial analysis if possible. 3. Transportation Infrastructure Stimulus Projects — Councilmember Wilhite Councilmember Wilhite brought attention to the accompanying list of transportation projects to be submitted for consideration for the anticipated federal economic stimulus package, and explained that based on previous formulas, it is anticipated we would receive between $150 and $154 million; that our bridge projects include Barker Road and Sullivan Bridge; and mention that during the second wave of funding, it is anticipated another pool of funds could be available; that the hope is to spend these funds on projects with numerous contractors in order to broaden the scope of employment for a variety of different types of services. There was discussion about the priorities and Bigelow Gulch having an affect on traffic as traffic would deposit on Sullivan, and Council concurred to push the change to have Sullivan a higher priority than Bigelow Gulch. Mr. Mercier asked if the technical group needed anything else and Public Works Director Kersten said nothing further is needed; that pre- funding was primarily focused on bridge projects and not on smaller projects; and by Council agreeing to change Sullivan to a higher priority, this will give him direction for that future technical group meeting. There as also question whether preservation projects would be given a higher priority then new construction; and Councilmember Wilhite reported that Mr. Miles of the SRTC said they wanted to see projects that employed a greater number of people, hence for example, funding bridge projects instead of re- surfacing projects; adding that nothing has been finalized, and there are no guarantees yet as the dollar amount will likely not get settled until late March, adding that she is a member of the National League of Cities Transportation Committee and they are working to encourage this passage as soon as possible in order to get the projects moving. Mayor Munson called for a recess at 6:45 p.m. and he reconvened the meeting at 7:00 p.m. DELIBERATION: 4. Sprague /Appleway Revitalization Plan — Scott Kuhta Senior Planner Kuhta gave a summary of the last deliberation, and went over the goals of tonight's meeting: to finish the city center discussion, then move on to street and open space. He explained that the idea is to begin with the city center regulations as that is where the discussion ended at last night's meeting. Mr. Kuhta explained what city center retail is, read through the building orientation section 2.2.1, and he read what is permitted (page 4 of 38); and mentioned the need to cross out the check cashing stores. Councilmember Taylor mentioned the qualitative wording of "high quality" under ii granting of CUP — bars and nightclubs, and Attorney Connelly said that should be changed as we need to include language regarding not establishing an undue or adverse impact. There was some discussion on whether to have this process allowed as a permitted use or to go through the Conditional Use Permit (CUP) process, which would mean a public hearing with decisions based on established criteria; and there was Council consensus to stay with the CUP process. Council Regular Meeting: 01 -13 -2009 Page 3 of 5 Approved by Council: 01 -27 -09 Mr. Kuhta continued discussion on prohibited uses and Councilmember Taylor mentioned drive -ups, and said he doesn't feel drive -ups would be compatible with the city center core area; and after further discussion on whether to allow banks to have drive - throughs, Mr. Kuhta suggested allowing banks and all drive - throughs in the area which just access Sprague Avenue and not the core street or Appleway, and Council agreed with that compromise. Under the 2.1.1 City Center Core: Pre - Located Core Street Regulations, it was agreed to change c (i) to read "Until the Minimum City Center Core is eenstfueted fully built out City Center Retail is only permitted "; which lead to discussion on the development process, whereupon it was Council consensus to include the need for a binding site plan, as improvements must be in place before a binding site plan is in place, much like what is required for a final plat. In section (iii) concerning "both before and after the Minimum City Center Core has been constructed" Mr. Kuhta mentioned allowing retail on the north side of Appleway in the City Center area, and if that were the case, he would need to change the wording and the chart, to which Council agreed. Mr. Kuhta also mentioned he will change the "special parking and frontage coverage regulations" to make the road go all the way through; and said he will change the one floor minimum across the board; and said he would again re- examine all the numbers on the chart. Mr. Kuhta went through his presentation concerning pre- located streets, how buildings will be oriented, and he showed the pre- located street map and explained the map legend. Attorney Connelly mentioned that staff will work on the language in #iii — Streets and Open Space — and when are new streets required: "District zone building orientation standards require the construction of a new street in order to provide a public street frontage for a new building located in what would have otherwise been the interior of a property not served by publicly accessible streets, public open spaces or active open spaces" and Mr. Kuhta said the question to ask Traffic Engineer Note would concern trying to retrofit existing development in the long corridor. Mr. Kersten mentioned that he spoke with members of the Spokane Transit Authority (STA) Board concerning light rail on the north side where Appleway is constructed; and their board member indicated their preference is being in the center and said they are not interested in being on the north side of Appleway. Mr. Kuhta added that their and our preference is for light rail to go down the center so there would be direct access to parcels on the south side; he then continued with the discussion of access management and referred to page 6 of 23 in the draft; and said that section will need to be re- written since the one - way /two way was decided. Further discussion was held concerning pre - located streets and Mr. Kersten said when you examine possibilities for development, you have to address pre- located streets, but only if there is a traffic demand and nexus for development, and most will not require a street, so most streets on the street plan won't be built; so unless there is a very large development such as three - acres; it would not impact the Plan; and he said that most streets will end up with right and no one to build the streets except the City. Mr. Kuhta suggested requiring new streets when development exceeds a maximum block size, or if impacts of a new development require a new street, and said the general terms are already built into our Municipal Code; or a pre- located street map would be adopted and used as a guide when new streets are proposed; and once Appleway is built. Mayor Munson said he would like to see some "what -if" scenarios about pre - located streets and development. Further discussion included the lack of cross - streets; lack of access, accessing how building cross - streets through pre- determined streets would affect certain properties; mention by Mr. Kuhta that many citizen's individual questions about pre - located streets have been answered; and he said that the regulations dictate building pre- located streets if it is shown on the property; and he suggested removing that and going back to the maximum block size dictating the need for a new street; and said he would discuss with this public works and others to try to glean new ideas for streets and access management. Councilmember Schimmels said the problem is with the numerous east/west streets and that the north/south is a natural connector; and it was determined that staff will do further research, understanding the preference for north /south, but not to the exclusion of east/west. Council Regular Meeting: 01 -13 -2009 Page 4 of 5 Approved by Council: 01 -27 -09 INFORMATION ONLY: The Ratification of Amendments to GMA Joint Planning Interlocal Agreement was for information only and was not reported or discussed. EXECUTIVE SESSION: Pending Litigation It was moved by Deputy Mayor Denenny to go into Executive Session for approximately thirty minutes to discuss pending litigation and that no action is anticipated thereafter. Council adjourned into Executive Session at 8:40 p.m. At 9:10 p.m., Mayor Munson declared Council out of Executive Session; and it was then moved by Councilmember Wilhite, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:11 p.m. Christine Bainbridge, ' ity Clerk ichard Mu . on, Mayor Council Regular Meeting: 01 -13 -2009 Page 5 of 5 Approved by Council: 01 -27 -09 GENERAL PUBLIC COMn9ENT GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sign in if SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: January 13, 2009 you wish to make public comments • NAME PLEASE PRINT rn . -rnAi TOPIC OF CONCERN YOU WILL SPEAK ABOUT L) 144 /"Wt ADDRESS M3/9 E TELEPHONE 0 319 EAST SPRAGUE AVE • SPOKANE VALLEY. WA 99206 -3627 • (509) 928 -1700 • FAX (509) 892 -4125 www.spokanevalleyfire.com The Department forecasts revenues and expenditures into the future in three year blocks. We put 3 year Special Levy's to the Voters and with the other special taxing districts, the schools, to save money. Estimated election costs with schools, $38,000, without schools $ 150,000. 52% of the SVFD budget funding in 2010 will come from this Special Levy. History of the past 3, three year Special Levy's; (values estimated if not yet approved) Year 2004 2005 2006 Special Levy Rate 1.80 1.77 1.57 Regular Levy Rate 1.38 1.39 1.37 Total Levy Rate 3.18 3.17 2.94 Total Levy Rate 2004 — 2009 (6 years) -13 %. Total Levy Rate 2004 — 2012 (9 years) estimated at - 5 %. Total Calls for Service 2004 — 2008 (5 years) ( 2004 — 8530, 2008 — 11594) up 36 %. Non Capital Budgets Increases 2004 — 2008, 29 %. Personnel Increases 2004 -2009 (19) 10 %. If you have any questions, please call Fire Chief Mike Thompson or Deputy Chief Larry Rider, 9 1 700. Mike Thompson Chief 5 IF RE � DEPARTMENT 2010 — 2012 Special Levy Fact Sheet 2007 2008 2009 1.49 1.37 1.36 1.23 1.50 1.43 2.72 2.87 2.79 2010 2011 2012 1.59 1.59 1.59 1.43 1.43 1.43 3.02 3.02 3.02 4