2010, 06-15 Study Session MinutesMINUTES
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Spokane Valley City Hall Council Chambers
Spokane Valley, Washington
Attendance:
June 15, 2010
6:00 p.m.
Councilmembers
Staff
Tom Towey, Mayor
Mike Jackson, Acting City Manager
Gary Schimmels, Deputy Mayor
Mike Connelly, City Attorney
Bill Gothmann, Councilmember
Neil Kersten, Public Works Director
Dean Grafos, Councilmember
Cary Driskell, Deputy City Attorney
Brenda Grassel, Councilmember
Kathy McClung, Community Development Dir.
Mike Stone, Parks & Recreation Director
Rick VanLeuven, Police Chief
Scott Kuhta, Senior Planner
Absent:
Morgan Koudelka, Sr. Administrative Analyst
Rose Dempsey, Councilmember
Carolbelle Branch, Public Information Officer
Bob McCaslin, Councilmember
Carrie Koudelka, Deputy City Clerk
Mayor Towey called the meeting to order at 6:00 p.m.
ACTION ITEMS:
1 Second Reading Proposed Ordinance, CTA 02 -10 Code Text Amendments — Greg McCormick
After Deputy City Clerk Koudelka read the ordinance, it was moved by Deputy Mayor Schimmels and
seconded to approve the ordinance amending the Spokane Valley Municipal Code (SVMC) Floodplain
Regulations, Chapters 17.20, 21.30 and 21.40. Planning Manager McCormick went over three code
amendments in this batch: two amendments are proposed as a result of the Washington Cities Insurance
Authority 2009 Annual Review and Audit comments, the third amendment relates to flood hazard areas.
FEMA is set to enact new maps on July 6, 2010 and this amendment will make the code consistent with
the FEMA maps. Mayor Towey invited public comment: No comments offered. Mayor Towey invited
Council discussion: No discussion. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion passed.
2. Subarea Items to Send to the Planning Commission: Scott Kuhta
It was moved by Deputy Mayor Schimmels and seconded to direct the Planning Commission to consider
text amendments to Book H.• Development Regulations, Sprague and Appleway Corridors Subarea Plan
to address the following issues:1) Building Setbacks consider increasing the maximum building setback
distance, or eliminating the maximum building setback distance regulation in both Gateway Commercial
district zones; 2.) Si na e: Increase the number of freestanding signs (pole signs) allowed per parcel.
Consider reverting back to freestanding sign regulations adopted in 2007. Increase the maximum size of
wall signs and the limitation on placing wall signs below the 2nd story of buildings; 3.) Uses: Consider
adding permitted uses to both Gateway Commercial zones that are complementary to uses currently
allowed; 4.) Accessory buildings Clark regulations contained in Book II as they relate to accessory
buildings, to ensure that accessory buildings are not impacted by the development regulations contained
in Book II; S.) Building Frontage Consider removing minimum frontage requirements for buildings in
both Gateway Commercial zones. Senior Planner Kuhta gave a brief overview of the items Council
previously asked be forwarded to the Planning Commission for review. Mayor Towey invited public
comment:
Rich Munson 12404 E 27 Ave — Commented that just like businesses are run according to rules, a City is
no different; without rules we have chaos and he doesn't believe we want Sprague Avenue to turn into the
Sprague like that west of our borders. Chaos is not what we're looking for and we have reasonable
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regulations to allow the private sector to run their own businesses without spoiling the way it looks. He
said in looking around the city, he finds it is beautiful; the yards are well kept except for Sprague Avenue
where he said the businesses that are open are not good.
Mayor Towey invited Council discussion: No discussion; no questions. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion passed.
3. Backhoe Purchase — Neil Kersten
It was moved by Deputy Mayor Schimmels and seconded to approve the purchase of a loader/backhoe as
outlined in the Washington State contract # 00410 in the amount of $99,372.45. Public Works Director
Kersten reported that at the January retreat and again in April they discussed the operations program and
considered buying a backhoe for stormwater. He said the cost would be split 50150 between street funds
and stormwater funds as it would be used year -round by both departments. He said they estimated the cost
at $90,000.00; however, the bid came in at just over $99,000.00. He said the state gave us very good bids
and that this is the smallest unit with a front -end loader and a back hoe.
Councilmember Grafos asked if the City is also buying a trailer. Mr. Kersten said instead of buying a
trailer they would buy an option called "right control" which allows us to run the loader on the road. He
said in the future they may want to buy a trailer. Mayor Towey asked if we would have to rent the unit
from POE if we don't buy our own. Mr. Kersten stated that would be the case and they would need to
have one available to us; that they used one a lot last year and he sees a need for its use in the summer.
Councilmember Grafos asked if in purchasing another snow plow (next agenda item) we will have
enough. Mr. Kersten said he is still working through that but he thinks they will have enough plows. He
said this option is the conservative way to go. Councilmember Grassel asked if the bid is for a new
machine and Mr. Kersten confirmed that it is. Mayor Towey invited public comment:
Gordon Curry 14313 E Trent — Asked the Council if we really need a new backhoe rather than renting
units that are cheaper and pointed out the additional costs for a mechanic, storage, and maintenance.
Mayor Towey allowed Mr. Kersten to respond to the question. Mr. Kersten said we have a place to store
it and we currently have operators with experience operating this machinery and he thinks we will use it
fairly heavily so we will want something very reliable that is not likely to break down. He said the State
bid is very competitive; they received five different bids and he thinks this is a good deal and ensures it is
a good machine. They also have a sixty -month warranty for any parts replacement. He recommends they
buy a new one, especially with this bid. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion passed.
4. Snow Plow Purchase — Neil Kersten
It was moved by Deputy Mayor Schimmels and seconded to approve the purchase of one
truck/plow /sander unit per State contract #02709 in the amount of $108,214.80 and #12304 in the amount
of $69,275.60. Public Works Director Kersten reported they are using the state contract. He said this was
discussed at the January retreat and again on April 6, 2010 and that it falls within the City Manager's
authority but they still wanted to bring it before Council. He explained it was a very complicated bid and
Washington State Dept. of Transportation (WSDOT) worked with us to help put the bid together. He said
he is very comfortable with this bid and they would be buying the truck from a national dealer.
Councilmember Grassel inquired as to the life of the units. Mr. Kersten said between eight and ten years,
possibly more depending on the level of snow during the year and how heavily they are used. He said this
would be one of our primary units. Councilmember Grassel asked if they knew the approximate cost to
buy used equipment or to rent. Mr. Kersten said there are not many snow plows available; the ones we
have now are surplus from the state and they are eleven years old. He said the salt and brine are extremely
corrosive and they tend to have electrical pump problems which need to be replaced at a much higher
rate. New trucks are more reliable. He said last winter they lost three trucks in one night and even though
they were able to get them repaired within a day, a new vehicle would be much more reliable. He said to
get a good fleet, he'd like to add some new trucks to the trucks we have and stagger them in and out over
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a period of time. Mayor Towey asked if all the plows have dual usages. Mr. Kersten responded this will
be used mainly as a salt/sanding unit and they have a couple that disperse liquid. Mayor Towey invited
public comment: No comments offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion passed.
5. Comcast Contract Suspension of Fees — Cary Driskell
It was moved by Deputy Mayor Schimmels to authorize the City Manager or designee to negotiate with
Comcast to suspend implementation of Section 13.8 of Ordinance 09 -034 and provide for City discretion
in future re- implementation of PEG fees, and to negotiate whether PEG channel provider contracts under
Section 13.2 should be mandatory. Motion failed for lack of a second.
6. Panhandling — Cary Driskell
Deputy City Attorney Driskell reported that panhandling has been determined by the courts as protected
free speech and as such will be scrutinized by the courts if challenged. If someone is in line to go to the
theater, or if somebody is putting groceries in their trunk and someone asks them for money, a proposed
ordinance would have prohibited that action as that is considered a captive audience because the person
cannot leave. A draft form of that ordinance moved forward to Council last summer; however, the 9 ffi
Circuit Court of Appeals addressed the issue of captive audience as part of their decision in determining
that making somebody uncomfortable in that kind of situation is not reason enough for the government to
infringe on protected rights and as such staff recommended that Council not make move in that direction.
He said the City of Spokane adopted their ordinance in 2008 but they are not actively trying to enforce the
captive audience aspect. Instead they are enforcing prohibition of interfering with traffic which is what
we've adopted. He said Spokane is more actively going after aggressive panhandling and their numbers
are down significantly. Liberty Lake does not have prohibitions on panhandling; however, he said the
culture in their city is that their citizens just don't give money to panhandlers. As such, since the
panhandlers don't get money there, they go elsewhere. Mr. Driskell said it is likely we get Spokane and
Liberty Lake panhandlers because our citizens are more willing to give to them. He said the City of
Issaquah has prohibitions on panhandlers within 300' of specified intersections and cautioned Council
that those regulations have not been challenged nor had any court analysis done. While it may be
effective, the fact that they haven't been challenged causes concern because if we were to adopt and
enforce the same regulation and got sued, we would be facing damages under the Civil Rights laws and if
we lost the challenge we would also be responsible for all attorney fees. Mr. Driskell further stated that
our legal department is not comfortable with what both Tacoma and Issaquah have adopted, as they both
could have potential financial risk. He provided Council with a code amendment and map for discussion
purposes only. He said it would prohibit panhandling on the intersections included for the Interstate -90
corridors. He said their approach could be enforcing the panhandling at these intersections because it
creates a traffic hazard due to the volume of traffic; there is a heightened concern for public safety and
therefore there is cause for government to regulate panhandling in that aspect.
Councilmember Gothmann asked how this proposal is different from what Spokane Valley is already
doing. Mr. Driskell explained the language would be more closely tailored to an offense because in theory
someone could step into the right of way and not interfere with traffic. Their proposal would be closely
drafted to a specific activity. City Attorney Connelly added that the proposed language takes a general
statement and identifies a specific instance that will interfere with the flow of traffic and that it is a safety
risk. Councilmember Gothmann asked if it would prohibit solicitation from a sidewalk. Mr. Driskell
stated that the draft prohibits stepping into the roadway; therefore, being on the sidewalk would not be
prohibited by this because we are more able to link safety issues with stepping into the roadway.
Councilmember Gothmann asked if this might prohibit Spokane Cancer Society volunteers from stepping
into the roadway to hand out literature for fundraising. Mr. Driskell said it would depend on the facts of
the situation, but stepping into the roadway to seek funds would be potentially problematic. He said we
have a special permit process tied closely to public safety which requires having insurance, a traffic plan,
traffic control training, and is limited to once per year. Councilmember Gothmann asked if it was ok for
kids with car wash signs to solicit business as long as they were not stepping into the street. Mr. Driskell
said that would not be prohibited.
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Mayor Towey said he thinks the ordinance we have now is not doing the job. He said he thinks an
ordinance and education of citizens on how to help will work better. He said our current ordinance is at
low risk now, and said moving it to a moderate risk level might help. Councilmember Grassel asked if
Precinct Commander Lyons could speak to the police perspective as to how they would address this issue.
Mr. Lyons said that he believes the ordinance would help and it provides police with a tool they can use.
He said he thinks it will be more work for the police, but they can work special details and also inform
panhandlers of what will happen if they continue. Acting City Manager Jackson stated that if the
ordinance is adopted, it would be the police officers on the street who would have discretion as to how it
is used. Councilmember Gothmann asked if principal arterials include medians. Mr. Driskell said they
will have to look at how a median is defined, but sidewalks are not medians. They will make sure the
definition is appropriate. There was Council consensus to bring a proposed ordinance for consideration
at a future meeting.
7. Justice Assistance Grant (JAG) — Morgan Koudelka
Senior Administrative Analyst Koudelka explained that in order for the city to be eligible to receive JAG
funds it must have five years of crime data reported. He said last year we were disparate with the County
and Spokane but this year we are not so we need to apply for the grant ourselves. The grant may be used
for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual
support, and criminal justice information systems for criminal justice that will improve or enhance
specific law enforcement areas. He said we are eligible for $44,231.00 and under the advice of Police
Chief VanLeuven, staff recommends using the funds to purchase seven rugged notebook computers,
referred to as "Go- Books," and ammunition.
Precinct Commander Lyons explained the Go -Books are a critical tool and have become so important that
they won't allow officers out in the field without one. They are able to look on screen to see where
officers are, offering computerized dispatch and allowing supervisors to see where the officers have been
assigned. In addition, they allow immediate access to all the policies and procedures, RCW's and the
Department of Licensing records. They can also access the Physician's Desk Reference which helps
officers to identify prescription drugs in the field, as well as NCIC booking photos which increases
efficiency. He explained the reason for the seemingly high cost is because the machines are very rugged.
They are designed to withstand temperature extremes and heavy vibrations of the cars. The ammunition to
be purchased would be used for firearms training. He said the actual use of firearms is low but training is
critical. Mayor Towey commented that the Go -Books are a great tool and they are used continually to
look up different aspects of the job. He said he thinks they are very valuable to the police. Mr. Koudelka
said they could come back in two weeks with a proposal to submit the grant application which is due on
June 30th. He said all the work would be done prior to Council consideration and saved on the Justice
Department database so if Council approves the motion on June 29, 2010, he can submit it the following
day to meet the deadline. There were no objections from Council.
8. City Manager Selection Process — Mayor and Council
Mayor Towey said Council has received all the applications for City Manager vacancy and they have
scheduled an executive session to evaluate the candidates. No action will be taken in the executive session
and subsequent sessions may be scheduled. Action to appoint a City Manager and/ or approve a contract
will be taken in a regularly scheduled meeting. There were no further comments or questions.
9. 2011 Budget — Mike Jackson and Ken Thompson
Acting City Manager Jackson explained that tonight he and Finance Director Thompson are providing
general background information on the 2011 budget in preparation for the Budget Retreat in July. He
asked that if Council thinks staff has missed anything they let staff know so it can be discussed. He said
they hope to answer the frequent question of citizens as to where their property taxes go, how we propose
to weather the current economic storm, as well as provide a comparison of Spokane Valley with other
Washington cities.
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Mr. Thompson explained that we pay for most of our operations from the general fund and within that we
have two main sources of revenue, sales tax and property tax. He said our sales taxes are down but
property taxes are up a little bit. Councilmember Gothmann asked if the general fund includes a
substantial carryover. Mr. Thompson confirmed that these are 2010 figures and they reflect what we
anticipate will carry over into 2011. Mayor Towey asked how the tax rate is calculated. Mr. Thompson
said it is calculated by the state based on what we submit for our tax levy. He said the county has five
places they check to make sure we are within the rules and divide by the assessed value to get the tax rate;
it is a fairly complicated process and it is difficult to predict where we might be.
Acting City Manager Jackson said that sales tax revenue is down significantly, $3.5 million from the high
we saw in 2007. He said they will discuss ideas to remove our future deficit, maintain basic service levels
with reduced resources, minimize personnel overhead by contracting, leverage city funds with grants, and
minimize our debt. Mr. Thompson said the Finance Committee suggested looking at a 3 %, 6 %, and 9%
reduction, after already reducing the budget by 3 %. Mr. Jackson said we don't want a deficit in 2014. We
want to maintain the general fund ending balance at 15% through 2014 and maintain the service level
stabilization fund of $5.4 million through 2014 rather than spending it down. He said they think if we
meet our objectives at a minimum we will be in a good financial situation. He said a 15% ending balance
is considered a healthy carryover and $5.4 million helps put us in good financial shape. He said we base
the budget and our six -year business plan on the current financial conditions. He asked all departments to
consider their budget at 97% and said that we look good to achieve that goal, which saves the city about
$1 million. He said they also looked at cutting future expenditures by at least 3% and it looks like we can
achieve our objectives to maintain the stabilization fund if we make reductions for 2011 at 34%.
Councilmember Grafos said he thinks we are headed in the right direction and he is pleased we are getting
ahead of the curve; that we need to be proactive. Councilmember Gothmann said there has been
discussion in the public as to how we got the debt. Mr. Thompson explained that in 2002 the public
approved an extra 1 /10 of 1% tax for the Convention and Visitor's Bureau, the fairgrounds, and
CenterPlace. When we incorporated, the County transferred to us a $7 million debt for CenterPlace and a
$2 million debt for road projects, so we started with a $9 million debt which we have paid down a bit.
Councilmember Grassel said at the retreat she would like to look at department priorities by individual
department. Mr. Jackson agreed and said we should also look at capital projects and street preservation
projects. He said the economy needs to improve to help with our tax base, but the City will need
additional revenue sources to fully fund the Street Master Plan. Councilmember Grassel asked if there are
grant funds for that project. Mr. Jackson said there may be a rare grant but they are really looking at
funding street preservation through City revenues. Most of the grants come for arterial streets, not usually
for community roads. Councilmember Grassel asked that the budget reflect the actual "needs" of Spokane
Valley first and "wants" second. Mr. Jackson said he can provide that information at the budget retreat.
Mayor Towey called for a recess at 7:35 p.m. The meeting reconvened at 7 :45 p.m.
10. Subarea Plan (SARP)Zone: Mixed Use — Scott Kuhta
Senior Planner Kuhta went through the presentation on the Mixed Use Avenue District Zone within the
Sprague and Appleway Subarea Plan. Councilmember Grassel inquired as to what types of residential
units they are referring to as permitted on the ground floor. Mr. Kuhta said apartments would be
permitted, garden apartments, condos, etc., so long as they are not more than one - story. Councilmember
Grafos stated there are pre - located streets that are part of this zone, and there are approximately 46
buildings that pre - located streets go through so that changes the orientation of the buildings. He said we
should talk to property owners about the effect the pre - located streets have on their properties.
Councilmember Grassel asked if staff will come back with notes for Council from the June 24 community
meeting discussing the Mixed Use Avenue Zone. Mr. Kuhta confirmed that is their plan. Community
Director McClung said they mailed their meeting notices according to information from the Accessor and
our own database and we received several of the notices back. She said staff tried calling businesses to get
better information, but for some reason they are getting a lot back and it seems as though many that came
back were from owners out of state. She stated the community meeting is June 24 in City Council
Chambers from 8:00 to 10:00 a.m. Councilmember Grafos asked for clarification as to what is meant on
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Approved by Council: 6 -29 -2010
page 6 where they are referring to "80 %" under non - conforming use clarifications. Mr. Kuhta said the
80% in this circumstance refers to if the "use" is destroyed at 80% of the value of the structure; not if the
"structure" is destroyed by 80 %. He said they need to clarify that language and separate "use" from
"structure" value. City Attorney Connelly said the City can entertain legislative changes to our code but
we would want to do that on a case -by -case basis if, that is what Council desires.
11. Information Only The Pavement Requirements, Swimming Scholarship, and Comcast Sixty Day
Extension were for information only and were not reported on or discussed.
12. Advance Agenda — Mayor Towev
Acting City Manager Jackson said the deadline to submit the ballot issue to the County is August 10; it is
scheduled as in information item for June 29 but that could possibly be an administrative report.
13. Council Check in — Mayor Towey
Councilmembers Gothmann, Grafos, Deputy Mayor Schimmels and Mayor Towey had no comment.
Councilmember Grassel said she attended the American Cancer Society Relay for Life and interviewed
with Steve Mumm on the Discovery Playground.
14. City Manager Comments — Mike Jackson
Pointed out info only items — and thanked staff for rapid turn- around to respond.
15 Executive Session: To evaluate the qualifications of an applicant for public employment [RCW
42.30.110(1)0)1
It was moved by Deputy Mayor Schimmels, seconded, and unanimously agreed to adjourn into executive
session for approximately 120 minutes to evaluate the qualifications of applicants for public employment
pursuant to RCW 42.30.110 (1) (g), and further that they approve the attendance of councilmember Rose
Dempsey by telephone. No action is anticipated when they return from executive session. Council
adjourned into executive session at 8:13 p.m. At approximately 9:30 p.m., Mayor Towey declared
Council out of executive session, and it was moved by Deputy Mayor Schimmels, seconded and
unanimously agreed to adjourn. The meeting adjourned at 9:32 p.m.
ATTEST:
Christine Bainbridge, City Clerk
Council Meeting Minutes: 06 -15 -2010
Approved by Council: 6 -29 -2010
T omas E. Towey, Mayor
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