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2009, 12-15 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington December 15,2009 6:00 p.m. Attendance: Councilmembers Staff Rich Munson,Mayor Dave Mercier, City Manager Dick Denenny, Deputy Mayor Cary Driskell, Deputy City Attorney Rose Dempsey,Councilmember Mike Jackson, Deputy City Manager Bill Gothmann,Councilmember Neil Kersten, Public Works Director Dean Grafos, Councilmember Mike Stone, Parks&Recreation Director Gary Schimmels,Councilmember Ken Thompson, Finance Director Diana Wilhite,Councilmember Kathy McClung, Community Dev. Director Rick VanLeuven, Police Chief Morgan Koudelka, Sr. Administrative Analyst Karen Kendall, Associate Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Munson opened the meeting at 6:00 p.m. and welcomed everyone to the meeting. At the request of the Mayor, City Clerk Bainbridge called roll;all councilmembers were present. ACTION ITEMS: 1. Second Reading Proposed Ordinance 09-038 Special Events-Mike Connelly/Mike Stone After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve ordinance 09-038. Parks and Recreation Director Stone explained that this is primarily a housekeeping item related to special events regarding functionality, changing the number of people which constitutes the need for a special event permit, and making it more practical to implement the process. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried 2. Second Reading Proposed Ordinance 09-039 Comp Plan Map Change CPA 01-09 — Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve ordinance 09-039. Planner Kendall went through her PowerPoint explaining the proposal for this and the following ordinance, as well as for the development agreement attached to the upcoming resolution. Mayor Munson invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried 3. Second Reading Proposed Ordinance 09-040 Legislative Zone Chance,CPA 01-09-Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to adopt ordinance 09-040. Mayor Munson invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 4. Second Reading Proposed Ordinance 09-041 Firearm Restrictions—Mike Connelly/Mike Stone After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve ordinance 09-041. Deputy City Attorney Driskell outlined the proposed changes Council Meeting Minutes: 12-15-09 Page 1 of 3 Approved by Council: 12-22-09 which he said are largely based on an Attorney General's Opinion regarding the regulating of firearms. Mayor Munson invited public comment. Ben Goodman, 4705 S Highway Court, asked about someone leaving a rifle in a vehicle after hunting, while that person attends an event, and whether that would be permitted. It was determined that staff will research that issue, and well as a question from Councilmember Dempsey regarding carrying a rifle on one's back while attending a demonstration at a public place. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 5. Proposed Resolution 09-018; Development Agreement,Zone Change CPA 01-09 Karen Kendall It was moved by Councilmember Wilhite and seconded to approve resolution 09-018. At the request of Mayor Munson, City Clerk Bainbridge read the title of Resolution 09-018. Ms. Kendall explained that this adopts the development agreement associated with ordinance 09-039 and 09-040, which is associated with the comprehensive plan amendment CPA 01-09. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Pines Mansfield Change Order#36- Steve Worley It was moved by Deputy Mayor Denenny and seconded to authorize the City Manager or designee to execute change order #36 for the Pines/Mansfield project in the amount of$160,500. Public Works Director Kersten explained that previously Engineer Worley gave a detailed history on the change orders, and that this was a result of utility conflicts and increased working days. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. 7. Motion Consideration: Pines Mansfield Change Order#37—Steve Worley It was moved by Councilmember Wilhite and seconded to authorize the City Manager or designee to execute change order #37 for the Pines/Mansfield project in the amount of$468,076.23. Public Works Director Kersten explained that this is the second of two change orders requiring council approval, and that this is for a claim by a subcontractor for quantity increases related to the delay. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. 8. Mayoral Appointments to Planning Commission—Mayor Munson Councilmember Wilhite said that she would like two separate motions. It was moved by Councilmember Wilhite and seconded to confirm the Mayoral appointments of John Carroll, Ms. Sands and Rustin Hall each for a three-year term of January 1, 2010 through December 31, 2012. Mayor Munson invited public comment; no comments were offered. Councilmember Schimmels said there is a planning commission member who it is reported has missed a large share of the meetings this year, and he asked how this should be addressed,adding that it is unknown whether the absences were excused. Deputy City Attorney Driskell said he would research that issue. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried Mayor Munson said that he is recommending Arne Woodward for the remaining position; that it was a difficult choice and there were a large number of qualified people; but that Mr. Woodward is very knowledgeable about land use in Spokane Valley, and has been a supporter of the City. It was moved by Deputy Mayor Denenny and seconded to confirm the mayoral appointment of Arne Woodward for a two- year term of January 1, 2010 through December 31, 2011. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Munson, Deputy Mayor Denenny, and Councilmembers Schimmels, Grafos, Dempsey and Gothmann. Opposed: Councilmember Wilhite. Abstentions:None. Motion carried. Council Meeting Minutes: 12-15-09 Page 2 of 3 Approved by Council: 12-22-09 NON-ACTION ITEMS: 9. Area-Wide Rezone Public Notification Process—Kathy McClung Community Development Director McClung explained that this issue was brought before Council last fall as a result of a citizen's request to be notified on a land use decision which doesn't normally require individual notification; she explained that the current process meets the minimum state requirements; that if a particular property owner asks for a land use change, staff notifies all surrounding properties within three of four hundred feet from that subject property; but if there is a legislative type action like a comp plan city-wide, we are not required to do individual notification; and she said for both types of actions, notices are published in the newspaper and are typically placed on our website. Director McClung said that if Council wants more, that is not a problem, but the issue needs to be addressed by the Planning Commission for a code change proposal. Councilmember Gothmann suggested notifying property owners if there are one-thousand or fewer notifications, and several councilmembers agreed that the cost to do so would not be an issue. Director McClung said this issue can be added to the Planning Commission's 2010 work program, and that options including the associated costs will be researched as any code amendment,to go through the Planning Commission and ultimately to Council for consideration. 10. Court Related Services—Morgan Koudelka Senior Administrative Analyst Koudelka explained that Anne Pflug of the Department of Commerce's Research Services conducted a second study for court-related services; and via his PowerPoint, Mr. Koudelka went over the highlights of the report, including Spokane Valley's circumstances and interests, findings, conclusions and recommendations, background on the criminal justice system and average misdemeanor costs; court and other justice services caseloads, operations and facilities; performance indicators and disposition of filed cases; alternative service delivery methods, and Spokane Valley in- house services. 11. Council External Committee Reports While nothing definitive was mentioned regarding any of the committees and boards Councilmembers participate in, the Solid Waste Plan, STA (Spokane Transit Authority) budget, TIB's (Transportation Improvement Board) potential move to WSDOT (Washington State Department of Transportation), and SRTC(Spokane Regional Transportation Council)proposed changes were briefly discussed. 12. Advance Agenda—Mayor Munson Mayor Munson said he would like to include the solid waste board and governance changes on the list of issues for "early consideration next year"; and Councilmember Gothmann said he has some concerns about the law enforcement contract and potential problems if there is a delay. 13. Information Only: Shoreline Management Program Update: Citizens Advisory Committee List was not reported or discussed. 14. Council Check-in—Mayor Munson no further comments 15. City Manager Comments—Dave Mercier no further comments There being no further business,Mayor Munson adjourned the meeting at 7:30 •.m. I�j/ .,r / ��1 •ler i.. ``�- �t�f�..4_ Richard ►'. runson,Mayor ristine Bainbridge,City Clerk Council Meeting Minutes: 12-15-09 Page 3 of 3 Approved by Council: 12-22-09