2007, 11-07 Special Meeting MinutesMINUTES
City of Spokane Valley
City Council Special Meeting
Wednesday, November 7, 2007
Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 127 meeting.
Attendance:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Dick Denenny, Councilmember
Bill Gothmann, Councilmember
Rich Munson, Councilmember
Gary Schimmels, Councilmember
Absent:
Mike DeVleming, Councilmember
INVOCATION: Deputy Mayor Taylor gave the invocation.
City Staff:
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the pledge of allegiance.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: N/A
Dave Mercier, City Manager
Mike Connelly, City Attorney
Ken Thompson, Finance Director
Kathy McClung, Community Development Dir
Neil Kersten, Public Works Director
Mike Jackson, Interim Deputy City Manager
Steve Worley, Senior Engineer
Cary Driskell, Deputy City Attorney
Karen Kendall, Assistant Planner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present except
Councilmember DeVleming. It was moved by Councilmember Munson, seconded and unanimously
agreed to excuse Councilmember DeVleming from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed
to approve the amended agenda.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Schimmels: reported that he recently attended a solid waste board meeting, and will
attend a Spokane Regional Transportation Committee meeting tomorrow.
Councilmember Denenny: said that he attended the Regional Health District meeting where they passed
their budget; that there was an approximate $20,000 shortage of State funds this year and the Committee
is examining all available resources.
Deputy Mayor Taylor: explained that he attended a Solid Waste Advisory Committee meeting, which is
not the same as the Board meeting.
Councilmember Gothmann: said that he received an e -mail from Ken Briggs of Spokane Valley Partners
reporting that District 81 has given them a suggested draft contract for use of Pratt School, and that
Spokane Valley Partners are reviewing that contract; he also attended a Government Affairs meeting
where they heard a presentation from Library Director Michael Wirt and City Planner Scott Kuhta; and
that he attended the Regional Health meeting.
Councilmember Munson: explained that at the Spokane Transit Authority committee meeting they
discussed an American Public Transportation Association study conducted at the request of STA, which
found that they need to be more aggressive in replacing buses and having enough drivers, and that they
plan to purchase twenty buses to help maintain service; that he participated in a conference call from
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AWC (Association of Washington Cities) Legislative Committee to go over priorities, and added that the
Supreme Court for Washington State will announce their decision soon on I747.
MAYOR'S REPORT: Mayor Wilhite reported that she attended the employee recognition dinner; she
represented the City at the Fox Theater Opening; and attended a meeting of the Inland Northwest
Foundation which is trying to put together a list of attributes they would like to see the region have, and
that they discussed how to measure that and get the community involved.
Mayor Wilhite then read the Proclamation for "Hunger & Homeless Awareness Week," which was
accepted by Kimberly Rasp who expressed her appreciation for the proclamation to increase awareness of
the issue of hunger and homelessness.
PUBLIC COMMENTS: Mayor Wilhite invited public comment.
David Bernhardt, 4307 S Schafer Road: spoke about private road policy considerations versus public
roads, and private driveways and gave Councilmembers a handout; he mentioned a lack of state statutory
warranty, and said the only protection they have are the codes and code enforcements applied to
businessmen here; he said there is little the City could do in his situation;, but there is much to do to
protect other residents; and added that standards are not intended to keep honest builders honest, but
rather dishonest builders honest.
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. Following Claim Vouchers:
Voucher List Dated 10 -22 -2007; Voucher #s 12714 through 13114 for total amount of
$1,172,289.29
b. Payroll for Period Ending October 31, 2007: $273,322.50
c. Minutes from October 23, 2007 Regular Council Meeting
d. Memorandum of Understanding between City of Spokane Valley and Spokane County Library
District to share cost of City Center Master Planning Services
It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the Consent
Agenda.
NEW BUSINESS:
2. Second Reading Proposed Ordinance 07 -022, Sunshine Disposal Franchise — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to approve ordinance 07 -022. Deputy City Attorney Driskell explained that this seven -year status quo
franchise ordinance is drafted per council direction, and following adoption of this franchise, staff will
present a motion to authorize staff to send notice of termination of the existing tariff, under which the
Washington Utilities and Transportation Commission (WUTC) would continue to exercise exclusive
regulatory authority and control, and once the process is complete, Council may want to consider
authorizing staff to open negotiations with Sunshine for a replacement franchise containing other or
additional terms. Mayor Wilhite invited public comment. Bob Evans, 12623 E Broadway, Apt 18: said
that he represents Sunshine Disposal; and he questioned the process. Attorney Connelly said negotiations
may begin immediately on terms and conditions should council so choose. There were no other public
comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: none. Motion
carried.
3. Second Reading Proposed Ordinance 07 -023, Waste Management Franchise — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to approve ordinance 07 -023. Deputy City Attorney Driskell said the only difference between this
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ordinance and the one for Sunshine, is that Waste Management is residential and commercial, and
Sunshine is only commercial. In response to a question concerning rates, Mr. Driskell explained that the
rates will be whatever WUTC determines, as we do not have the ability to change that. Concerning the
question of which rate schedule specifically applies to Spokane Valley, Mr. Driskell said he will have to
research that question. Mayor Wilhite invited public comment. Bob Evans of Sunshine Disposal, asked if
the negotiation includes all services or just commercial, and Mr. Connelly responded that all services are
possible, and any distinction would be at Council direction. There were no other public comments. Vote
by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
4. First Reading Proposed Ordinance 07 - 024, Street Vacation STV 04 - 07 — Karen Kendall
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and
seconded, to advance Ordinance 07 -024 to a second reading. Assistant Planner Kendall explained the
proposed street vacation via her PowerPoint presentation. Discussion ensued regarding assigning a value
to the land for compensation purposes, with Councilmembers Gothmann and Denenny voicing an opinion
that there is no value to this piece of land, and therefore no need to charge except for the administrative
fee. Attorney Connelly explained that pursuant to policy, if Council does not want to charge, specific
findings need to be included on the second reading to explain why there would be no charge and why the
City would benefit by not charging; as recently adopted policy states to charge 50% of the appraised
value, reduced by the amount of the cost of the vacation process, with land value determined by the
assessor of adjacent property. It was determined that staff will gather those property assessment figures
for the second reading. Mayor Wilhite invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Proposed Resolution 07 - 018, Collins Road Parking — Neil Kersten
It was moved by Councilmember Gothmann and seconded to approve Resolution 07 -018, prohibiting the
parking of vehicles on Collins Road from 31" to 30 Avenue. Public Works Director Kersten explained
that neighbors have requested expansion of the no parking zone to include the block from 31 to 30
Avenue; and explained that there is no traffic safety reason for making this change as according to the
school's resource deputy, students are parking north of 32" d Avenue because it takes too long to exit the
school parking lot in the afternoon, and that the parking lot has adequate capacity. Mayor Wilhite invited
public comment. Randy Kenworthy, 3021 S Collins: said he appeals to council's empathy; that this is a
problem with parking and with garbage, and is a loitering issue as well, and said that the street sweepers
can't get the streets clean to the curb due to the parked vehicles. There were no other public comments.
Deputy Mayor Taylor mentioned that he is uncertain if this will solve the problem, as we could be
addressing the symptoms and not the root cause, and that if possible, he would like the Police Chief to
discuss this issue with the Student Resource Officer concerning minors smoking. Vote by Acclamation:
In Favor: Unanimous. Opposed: None Abstentions: None. Motion carried.
6. Motion Consideration: Lodging Tax Grant Allocations — Deputy Mayor Taylor
Deputy Mayor Taylor explained about the lodging tax fund and mentioned the committee's
recommendations as shown on the November 7, 2007 Request for Council Action, adding that the request
from the Chamber will be considered at a later date before a full committee, not for any additional
presentation, but for additional consideration by the Committee. It was moved by Mayor Wilhite and
seconded, to approve the following Lodging Tax Grant Allocations: (1) Spokane Fair and Expo $30,000;
(2)Spokane Regional Convention & Visitor's Bureau $306,000; (3) Spokane Regional Sports Commission
$145, 000, with $20, 000 to be held during 2008 for Sports Commission strategic reserve purposes; (4)
Valleyfest $30,000; (5) CenterPlace $90,000; and Spokane Winery Association $8,300; for a total
allocation of $609,300. Mayor Wilhite invited public comments.
Christine Cochran, 16114 E Broad Avenue: explained that she is the Director of Operations at the Best
Western; she extended thanks to Council for funding allocations to the Central Visitor's Bureau and
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Sports Commission; but encouraged Council to re -visit the amounts as she said those entities deserve to
be funded as requested. She mentioned that she has issue with the Chamber's request going back to
committee when others did not; and also has concerns about the winery's allocations as several wineries
have a self - guided tour through the wineries, which encourages people to drink and drive.
Dan Zimmerer, 16609 N Fairview, Colbert: explained that he is here on behalf of the Spokane
Hotel. /Motel Association; that they represent approximately forty hotels in Spokane and Spokane Valley;
that hotels work hard to earn the lodging tax dollars; and he appreciates council's efforts and council
being good stewards in allocating funds; and he requested that the entities show practical data for their
request; or that Council issue those funds to those who have a proven track record of bringing money
back to hotels.
Jodi Sanders, 10110 N College Road: said she works for Sterling Hospital, Holiday Express and Valley
Suites; she supports what was allocated; and asked that we make sure funds are being used for the correct
purpose each year.
Harry Sladich, 2808 S Park Spokane: he thanked Council for the grant; said he appreciates the hotel
partners asking more for them; and he gave some statistics concerning the large increase in room nights in
the Spokane area, and of the overall increase in funds in the community.
Eric Sawyer, Spokane Regional Sports Commission, 801 W Riverside: he mentioned that there are lots of
good things going on; and he sees some headway regarding developing and securing facilities for this
region; he mentioned some past and some upcoming events such as the National Cross - Country
Championships held at Plantes Ferry complex scheduled for next year; and the Valley Girl triathlon held
in Liberty Lake, and said he appreciates council's support.
There was brief Council discussion concerning the work of the Committee members and of Deputy
Mayor Taylor, of the funds in reserves, and that other areas have shown an increase in tourism when they
have held winery tours. Vote by Acclamation: In Favor: Unanimous. Opposed: None Abstentions: None.
Motion carried.
7. Motion Consideration: Approval of JUB Change Order — Neil Kersten
It was moved by Deputy Mayor Taylor and seconded to approve the change order to J -U -B in the amount
of $196,000 for the updating of the 2007 Street Master Plan. Public Works Director Kersten explained
the updated cost as per the attached maintenance and update estimated fees exhibit attached to the draft
agreement. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None Abstentions: None. Motion carried.
8. Motion Consideration: Barker Road Bridge Aesthetics — Neil Kersten
Engineer Worley explained that the Barker Road Bridge Project is close to being completed and the final
plans and specifications are being prepared so the project can be put out to bid; and that one element of
the bridge project is the desire for aesthetic treatments that tie to the Spokane River /Centennial Trail
activities, and Mr. Worley showed some sketches of local artist Sami Perry as preliminary concepts for
bridge treatments. After Mr. Worley went through his PowerPoint presentation showing the options for
treatment, along with examples of what had been done in other areas, he mentioned that the cost estimate
for the bridge project at the 90% design level is $9,985,161; and that staff will work to keep that below
$10 million for federal funding purposes. Mr. Worley said that these estimates do not include any
aesthetic treatments, and anticipates that there would be two funding levels, one for the bridge, and the
other for aesthetics, and that the aesthetics would be city - funded. Councilmember Munson suggested
keeping the aesthetics on the inside of the bridge so people can see them instead of on the outside where
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very few would see it; and to reduce the proposed number thereby making the bridge seem less "busy."
Councilmembers Denenny and Gothmann agreed.
Mayor Wilhite invited public comment. Ms. Sami Perry, 11717 E. View Ridge Lane, spoke of other
areas' attempts to include artwork on the bridge, that Liberty Lake was successful in that endeavor, and
that she would like us to consider this to be an example to other cities to show how to help create a
healthy community through public art.
Council discussion included mention of custom inlays for the abutments on the inside and a couple on the
piers, and to have this separate from the other part of the bridge project, total budget amount for the art
work, the preferred "wave" pattern, and of the desire not to do anything to jeopardize the bridge grant. It
was moved by Councilmember Munson and seconded, to approve the aesthetic improvements to the
bridge with improvements on the side and on the outside on the caps or piers, for a maximum cost of
$74,000. Vote by Acclamation: In Favor: Mayor Wilhite, and Councilmembers Schimmels, Denenny,
Gothmann, and Munson. Opposed: Deputy Mayor Taylor. Abstentions: None. Motion carried.
Mayor Wilhite called for a recess at 7:55 p.m. and reconvened the meeting at 8:05 p.m.
9. Motion Consideration: CTED Regional Collaboration Grant — Scott Kuhta
Community Development Director McClung said that the City was selected by the Washington State
Department of Community, Trade and Economic Development (CTED) to receive a Competitive growth
Management Planning Grant in the amount of $150,000 as per the accompanying October 29, 2007 letter
from CTED, and that once successful, staff will work on drafting interlocal agreements related to the
annexation issues. It was moved by Deputy Mayor Taylor and seconded to accept the Competitive Growth
Management Act Planning Grant in the amount of $150, 000, which was submitted along with other cities
and municipalities as a collaborative grant proposal to the Department of Community, Trade and
Economic Development. Mayor Wilhite invited public comments; no comments were offices. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
10. Motion Consideration: Notification to Washington Utilities and Transportation Commission —
Cary Driskell
It was moved by Deputy Mayor Taylor and seconded to authorize staff to send a letter to the Washington
Utilities and Transportation Commission notifying them of the termination of the existing Tariffs for
Waste Management and Sunshine Disposal, and the adoption of Ordinances 07 -022 and 07 -023. Mr.
Driskell explained that this motion is in connection with the two previously adopted ordinances, and that
the "seven- year" clock will start upon the effective date of the ordinances, which will occur five days
after those ordinances are published as per statute. Mayor Wilhite invited public comment; no comments
were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
11. Mayoral Appointment: Cable Advisory Board — Mayor Wilhite
It was moved by Deputy Mayor Taylor and seconded, to confirm the Mayor's appointment of Douglas
Wollan to the Spokane Regional Cable Advisory Board for a term beginning immediately and expiring
December 31, 2009. Mayor Wilhite said that it has been difficult to find people to serve on this board, that
she spoke with Mr. Wollan and appreciates his level of interest, and would be pleased to have him
appointed to this Board. Mayor Wilhite invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
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lla. Proposed Emergency Interim Ordinance 07 -025 Amending Specific Sections of UDC Titles 19,
22 and Appendix A Definitions — Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to suspend the rules and approve interim emergency ordinance 07 -025 amending specific sections of the
Uniform Development Code Titles 19, 22, and Appendix A definitions. City Attorney Connelly explained
that this is a proposal to pass an interim emergency ordinance, which also sets a public hearing date of
December 11; and that such action will keep things at status quo until the hearing; that a section was
added to address accessory dwelling units, that the ordinance will cover an omission of setbacks, and will
also include specific language as to future acquisition areas; that staff has drafted a proposed ordinance
which would prevent any dramatic change from the status quo until there is an opportunity to review
those affected UDC title sections; adding that passage of the emergency ordinance will require a majority
plus one. After brief discussion on some of the proposed changes, Mr. Connelly stated that staff also
proposed adding the reference RCW 35A.63.220 to section one and two. Deputy Mayor Taylor amended
his motion to reflect that addition. Mayor Wilhite invited public comment; no comments were offered.
Vote to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
Vote on the amended motion, to suspend the rules and approve interim emergency ordinance 07 -025
amending specific sections of the Uniform Development Code Titles 19, 22, and Appendix A definitions,
and to add RCW 35A.63.220 to Section One and Two: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
1113. Motion Consideration: Appellant's Motion to Continue Date for Appeal Hearing — Mike
Connelly
Deputy Mayor Taylor said that he spoke with our legal department concerning recusing himself on this
issue because of a possible or perceived conflict of interest due to his employment; and that while he
doesn't know Mr. Walker, he and Mr. Walker are members of the Association of Realtors, and that
although Mr. Taylor feels he is not biased on this matter, he recognizes the process must be fair and must
also appear to be fair, and to ensure that, Mr. Taylor said he will recuse himself at this time. Deputy
Mayor Taylor left the dais at 8:30 p.m.
City Attorney Connelly explained that Council will be acting in a quasi-judicial capacity; that the
appellant has requested a continuance of the November 19 hearing date by a November 2, 2007 letter
filed with city clerk; and that the date of the request was the date the appellant's brief would have been
due. Mr. Connelly said Council has authority to continue the hearing if they feel the argument is
persuasive; and he stated that the applicant has waived any objection to an extended hearing. Mr.
Connelly further explained the procedure for filing appeal briefs, and suggested if the hearing were
continued to November 27, that the appellant's brief due date would be noon November 9, with the
respondent's brief due by the following Friday at noon; and Mr. Connelly said that he spoke with both
attorneys regarding that possibility.
Councilmember Gothmann disclosed that he lives in the Ponderosa area but not close to this area in
question; that he knows Ms. Cooperstein and that they worked together on some projects; and when he
began his Council term he made an agreement with the people in Ponderosa that they would not discuss
any issues dealing with anything that could be perceived as a possible conflict of interest. Mayor Wilhite
invited Ms. Bjordahl, attorney representing the applicant and the appellant, to the podium.
Stacy Bjordahl, 422 W Riverside, Suite 1100, said she represents the applicant and the appellant; she
stated that this issue pertains to the denial of a forty -five lot subdivision in the Ponderosa; and that they
voice their objection to any participation by Mr. Gothmann due to his residency in the neighborhood and
upon the issues that would be presented in the hearing, and that his history of the neighborhood may
present a prejudice; and asked if prior to the hearing perhaps some action could take place. In response to
Councilmember Munson's question on the options in this instance, City Attorney Connelly said that the
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objection is noted, and if he chooses, Mr. Gothmann can discuss the matter with legal counsel later. Ms.
Bjordahl explained the lengthy process up to date, she mentioned the sixteen to eighteen hours of
testimony over a four -day hearing, which resulted in 6,000 to 8,000 pages of record; she mentioned that
she was on vacation and did not have notice of the meeting setting the hearing date and discovered upon
her return, that the hearing was set for November 19; that if they were to follow the ordinance concerning
the policy for appeals, her brief would have been due on the 2n of November, which, she stated, is an
unreasonable time frame in which to submit such brief. Ms. Bjordahl stated that the record closed June 19
and a decision was not rendered until August; and with the aforementioned in mind, she asked that a
hearing date not be set any time before 2008; that she recognizes Council will be in transition and she
feels otherwise they would not be keeping with procedures or due process. She stated that as the
appellant, they have the burden of proof, and that due process needs to be afforded to them. Ms. Bjordahl
also said she waives any time constraints for making a decision, and asked for a hearing date in 2008.
Tamara Murock, on behalf of Ponderosa Association: stated that there was no objection at the time
Council set the hearing for November 19; that the appellant's request for a continuance was made last
Friday, two plus hours after the appellant's brief was due; that the brief is optional and the appellant still
has the right to present the case on November 19. Ms. Murock stated that the Association believes they
will be prejudiced if a continuance is granted and will object as the motion was brought forth at such a
late date. She said that the City Attorney Connelly courteously supplied a copy of the entire procedural
ordinance to both counsels, and in that ordinance the appeal process is stated; that deadlines were met by
the Hearing Examiner on preparing the transcript, Council met their deadline in setting the hearing date,
and she is ready to meet her deadline as well and is prepared to submit her brief this Friday. Ms. Murock
stated that City staff sent prior written notice to the appellant's counsel advising when the meeting would
take place wherein Council would set the hearing date; and even though Ms. Bjordahl was out of town,
she could have sent a letter expressing her desires concerning the appeal hearing date. Ms. Murock also
explained that if the hearing is moved to 2008, there are personal reasons and family medical reasons
which could render Ms. Murock not being available for a hearing in 2008; that counsel has had three
years to be prepared for this; and only a select relevant portion of the record and not the entire record is
necessary to prepare the brief; and that she asked Council to enforce the rules and not grant preferential
treatment to counsel.
After discussion concerning the waiving of the timelines in this matter, and that an extension could be
made for the filing of the briefs without moving the hearing until 2008, it was moved by Councilmember
Munson, seconded and unanimously agreed to reschedule the hearing to November 27 at 6.•00 p.m. Mr.
Connelly said he will speak with both counsel regarding the scheduling of the briefs, and that Ms.
Bjordahl will submit her brief by noon Friday November 9, and Ms. Murock's response brief will be due
by noon Friday, November 16.
It was moved by Councilmember Denenny, seconded and unanimously agreed to extend the meeting to
9:30 p.m. Deputy Mayor Taylor returned to the meeting and to the dais.
PUBLIC COMMENTS Mayor Wilhite invited public comment; no comments were offered.
ADMINISTRATIVE REPORTS:
12. Proposed County Animal Control Ordinance — Nancy Hill
Ms. Hill explained that the purpose of tonight's presentation is to discuss the proposed County Animal
Control Ordinance, and to seek Council's input on these matters. Ms. Hill said that there has been no
significant increase in related fees in many years; and that prior to this proposed increase actually going
into effect, a notice will be issued; she explained that the Senior's rate will be a $5.00 discount; and that
there are some funds from a grant received from the ASPCA to help notify the public once these changes
are enacted. She also mentioned that they are planning to have an insert in the property tax bill, and a
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local marketing firm is donating their professional designed piece to help promote pet licensing. Ms. Hill
said she is working toward a regional approach, and that she and Mr. Emicio are working on an interlocal
for that purpose. Ms. Hill explained that she spoke to the City of Spokane about joining in the
standardizing of fees; and will resume those discussions after the election. She also stated that the
boarding fees will be increased as will the regular trip and the emergency trip fees. In response to
Council questions about veterinarians notifying us when they treat unlicensed pets, Ms. Hill said the Vets
association is upset about being asked, and that she does not want to alienate the veterinarian community;
and that the people who go to the vets office are likely the more responsible pet owners; but she added
that the Vets object to being forced into a situation which might affect their patient confidentially. Mr.
Driskell added that if that criteria were included in our interlocal, it would make that document
substantially different from the County's interlocal, and while there is room for minor variations, there
could be problems in not having the same criteria regionally. Councilmember Munson asked if we would
have the option of adding to the County requirements, and Mr. Driskell said he could research that, but
recalls that one of the reasons for the interlocal was to have a regional approach. Mr. Mercier stated that
he recalled that the Board of County Commissioners was discussing a base licensing fee, and if other
jurisdictions wanted to add something, it would be a local option; but that we would have to check the
agreement.
Councilmember Munson also asked about requiring a license for people who sell puppies, but that the
draft discussed not acquiring a license until the animal is six months old; adding that he feels we are
missing an opportunity not to license the puppies. Ms. Hill said the typical age of licensing is six months
old, that many people who raise puppies only keep one puppy, that the fee requires a license at twelve
months old, and said that the license is not transferable; it is for the pet owner and does not follow the pet
should the pet be sold or given to another owner. Mr. Mercier reminded Council that the purpose of Ms.
Hill's presentation tonight is to solicit input from our Council to take back to the Board of County
Commissioners. Councilmember Denenny said that he feels the ordinance demonstrates a lack of animal
control, and he asked about enforcement procedures to handle such things as howling, barking dogs. Ms.
Hill explained the procedure for addressing the problem and contacting the owner to work with them to
find a solution, how they log calls, and issue citations, but that they do not have the authority to remove a
dog and to change a "barking dog" citation from an infraction to a misdemeanor, as that would take
significant legislation.
After further discussion concerning owner appeal process, dangerous dogs, SCRAP's staffing levels, the
desire for more strict enforcement, the possibility of having larger fee increases, a registration process for
dog breeders, and the need to consider the level of service being provided, Mayor Wilhite said she will
articulate these issues in a letter to the Board of County Commissioners for their consideration in
addressing this ordinance.
It was moved by Councilmember Munson and seconded to extend the meeting to 10:00 p.m. In Favor:
Deputy Mayor Taylor, and Councilmembers Schimmels, Denenny, Gothmann and Munson. Opposed:
Mayor Wilhite. Abstentions: None. Motion carried.
13. Community Re- licensing (Driver's License) Cary Driskell /Howard Delaney
Deputy City Attorney Driskell introduced Spokane City Prosecutor Howard Delaney to discuss the
community re- licensing program. Mr. Delaney quickly went through his PowerPoint presentation which
explained the process of the program, and mentioned that the application for a City grant of about $6,500,
is due November 26. It was moved by Deputy Mayor Taylor, seconded, and unanimously agreed to
authorize staff to submit a joint grant application with the City of Spokane, to the Washington State Office
of Public Defense Contracts for funds to operate the community relicensing program. Mayor Wilhite had
invited public comment and there were no comments offered. It was mentioned that if we are successful
in this grant application, a motion to accept the grant can be placed on the December 11 consent agenda.
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14. Aviation Ordinance Discussion — Mike Connelly
In the interest of tine, there was Council consensus to move this agenda item to another council meeting.
15. Billboard Lease — Cary Driskell
In the interest of time, there was Council consensus to move this agenda item to another council meeting.
15a. City Manager Comments — Dave Mercier
Mr. Mercier explained that he was asked to provide an update concerning the Pines Mansfield project,
and he said that we continue to seek one additional piece of right -of -way and when that is cleared, we can
move forward with the completion of the design and put the project to bid. Concerning that project, Mr.
Mercier said that Council awarded the Appleway bid a few weeks ago, and that there was a pre -
construction conference meeting at which time the contractor decided to delay the project's start until
next spring; and said that it will likely be completed by September or October next year. Mr. Mercier
said in other comments, that Council generally considered annually whether to authorize the Mayor to
review the employment contract with the City Manager and make any necessary amendments thereto. It
was then moved by Deputy Mayor Taylor, seconded, and unanimously agreed to authorize Mayor Wilhite,
on behalf of the City Council, to update and execute the employment agreement with the City Manager.
Mr. Mercier also mentioned that they will schedule an hour for the November 27 hearing, which gives
each attorney twenty minutes to speak and allows Council discussion time, and that deliberation can begin
after the hearing or at another date as Council deems appropriate.
INFORMATION ONLY: The Greater Spokane, Incorporated Third Quarter 2007 Report, and the
Spokane Regional Site Selector Activity Report were information only items and not discussed.
EXECUTIVE SESSION:
There being no further business, it was moved by Councilmember Munson, seconded, and unanimously
agreed to adjourn. The meeting adjourned at 9:50 p.m.
/Pr
Q
Christine Bainbridge' ity Clerk
Diana Wilhite, Mayor
There was no executive session.
Council Regular Meeting: 11 -07 -07 Page 9 of 9
Approved: 12 -11 -07
Private Road Policy Considerations
Protecting Spokane Valley Residents
Why Needed?
Why Private Drive Standards Are Needed
- Consumer Protection
• No statutory warranty for new home construction
• No right of action for negligent construction
- Building /Construction Standards
• Only covers public roadways and shared private roads
• Keeps dishonest builders honest
- Builder's Quote
•
The state of Washington does not make me honor a warranty" — Tim Jones, Value Built Homes
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Proposed Private Road
Preliminary Short Plat
SE 1/4 of Sec. 32, T25N, R44 EWM
- Proposed April 2004
Original Plans
- Call for Shared Private Road
Serving Four (4) Single Family Lots
Required Grading Permit
Requires Inspection and Signoff by City
- Code Enforcement Protection
F.
92.66
Shared Private Road
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SClid
6260
2
Actual Shared Private Driveway
4307 S. Schafer Road
Spokane Valley, WA 99206
Lot 4 purchased - December 11, 2006
Shared Private Driveway Installation
Approximate installation. September 2006
No inspection required
No signoff required
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Without Driveway Standards
Stains on driveway show no crown and runoff direction
Private Drive Standards would have:
Ensured construction of the shared private driveway
conformed with approved construction plans.
- Ensured properly prepared sub - service and
subsequent failure of shared private drive.
KI-
- Ensured the slope of the private drive to control runoffs
and limit the erosion of the septic drain field.
Builder uses rock and bark to hide slope erosion,
but cannot prevent failure of driveway
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APPROVED FOR
CONSTRUCTION
- 54 L, rule 9 • g il OS
Approved construction plans calls for crown in driveway
4
The Effect - Erosion of Drain Field
Erosion Area
8 ft long, 6 ft wide, 10 ft deep
Erosion of Drain Field — sprinkler head held up with stake
Close up of sprinkler head
Erosion Area Sample 1
5
Erosion along driveway 6 inches wide by 29 feet wide
Next Steps?
Council urged to consider and implement enforceable private
driveway standards
If additional information is needed, please feel free to contact:
David Bernhardt
4307 S Schafer Rd
Spokane Valley, WA 99206
(509) 279 -0940
david.bernhardt @ey.com — work email
daveber @comcast.net — personal email
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