2010, 02-09 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, February 9, 2010
Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting.
Attendance:
City Staff:
Tom Towey, Mayor
Mike Jackson, Acting City Manager
Gary Schimmels, Deputy Mayor
Mike Connelly, City Attorney
Rose Dempsey, Councilmember
Ken Thompson, Finance Director
Bill Gothmann, Councilmember
Mike Stone, Parks & Recreation Director
Dean Grafos, Councilmember
Neil Kersten, Public Works Director
Brenda Grassel, Councilmember
Cary Driskell, Deputy City Attorney
Kathy McClung, Community Development Dir.
Absent:
Rick VanLeuven, Police Chief
Bob McCaslin, Councilmember
Carolbelle Branch, Public Information Office
Greg Bingaman, IT Specialist
Chris Bainbridge, City Clerk
INVOCATION: Pastor Jerry Sponseller of Opportunity Baptist Church gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except
Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed
to excuse Councilmember McCaslin from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Councilmember Dempsey, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Gothmann said he went to Olympia last week for the legislative conference, and met
with legislators on Tuesday, attended the Association of Washington Cities (AWC) sessions on
Wednesday; spoke with fellow councilmembers on various topics; and attended various excellent
meetings; upon his return to Spokane Valley he attended a Health Department meeting where Mayor
Verner was selected as Vice Chair; attended the Chamber Awards Banquet; met with the Governor
Affairs Committee; met with representatives on the Emergency Communication 911 committee; and later
this week he and Mayor Towey will attend an Aging and Long Term Care of Eastern Washington
meeting; and said he would like to introduce Council to this committee as they serve our seniors with the
primary goal of enabling seniors to remain at home rather than having to move to care facilities.
Councilmember Dempse. said she also attended the Legislative Conference in Olympia; had another
meeting with members of the HUB; was asked to participate as a judge for the Chase Youth Awards; and
went to a luncheon for the Commute Trip Reduction Awards.
Councilmember Grafos said he also went to Olympia and met with legislators and had an orientation
meeting with the Spokane Transit Authority (STA).
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Deputy Mayor Schimmels reported he too attended the conference in Olympia; had a meeting with the
STA group for his orientation; met with the Spokane Regional Transportation Council a few weeks ago;
and took a field trip through Wenatchee with the Douglas County solid waste advisory committee
Councilmember Grassel said she went to the Olympia AWC meetings; she met with Susan Fagan and
had a courtesy meeting with Mark Peters of the International Trade Alliance; attended a GMA (Growth
Management Act) Steering Committee meeting; and attended the Shoreline MasterPlan community
meeting.
MAYOR'S REPORT: Mayor Towey reported he met with Mayor Verner February 1; met with the
West Valley School Superintendent February 3; attended the Spokane Valley's Finance Committee
meeting; met with the Spokane Regional Sports Commission, and later met with the East Valley School
Superintendent; attended the Shoreline MasterPlan community meeting; attended a Central Valley School
District Summit with over 100 in attendance, where they concentrated on how the community can help
the school district; earlier today he attended the council /staff retreat which he said was very informative
and he enjoyed it; and said that tomorrow he will attend a presentation on the Discovery Playground
Project, which has a grand opening scheduled for May 13. Mayor Towey then read the proclamation for
"National Children's Dental Health Month" and the proclamation of "Future Business Leaders of
America" with representatives of those agencies accepting their respective proclamation.
PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered.
1. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a. Approval of the following claim vouchers:
VOUCHER LIST DATE
W/VOUCHER NUMBERS:
TOTAL AMOUNT
01/15/2010
19357 -19387
$204,429.01
01/20/2010
Payroll vouchers: 3057 -3060, 19388
$62,049.27
01/22/2010 (for 2009 )
19389 -19439
$245,916.31
01/28/2010 (for 2009)
19440 -19458
$128,951.64
01/29/2010
19459 -19546
$353,061.03
02/03/2010
Payroll vouchers: 3070 -3072; 3083,
19547 -19551
$211,907.07
GRAND TOTAL
$1,206,314.33
b. Approval of Payroll for Period Ending January 15, 2010: $263,889.81
c. Approval of Payroll for Period Ending January 31, 2010: $353,790.95
d. Confirmation of Mayoral Revised Committee Appointments
e. Approval of Executive Session Council Meeting Minutes of January 12, 2010
f. Approval of Formal Council Meeting Minutes of January 12, 2010
g. Approval of Executive Session Council Meeting Minutes of January 19, 2010
h. Approval of Formal Council Meeting Minutes of January 19, 2010
i. Approval of Executive Session Council Meeting Minutes of February 1, 2010
It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the consent
agenda as presented.
NEW BUSINESS
2. First Reading Proposed Ordinance 10-003 Amending Alarm Regulations — Cary Driskell/
Rick VanLeuven
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and
seconded to advance ordinance 10 -003 to a second reading. Deputy City Attorney Driskell again
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explained that the purpose of this amendment is to remove those items which were redundant, erroneous,
or unnecessary, and those few changes were noted in the red -line version of the ordinance. Mayor Towey
invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous.
Opposed.• None. Abstentions: None. Motion carried.
3. First Reading Proposed Ordinance 10 -004 — Christina Janssen/Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Dempsey and
seconded to advance ordinance 10 -004 to a second reading. Assistant Planner Janssen explained that this
ordinance would allow for creation of development agreements in conjunction with comprehensive plan
amendments, that it is permitted by state statute, and this would adopt a new section in our Municipal
Code allowing for development agreements as well; and she explained that this allows for greater
flexibility of the city and the developer when considering changes to the comp plan. Ms. Janssen
explained the proposal and said that although some of the residents of nearby Shelley Lake had concerns,
the developer proposed some increased conditions to help satisfy some of those concerns, specifically,
greater setback, more landscape buffer, and no more than twelve units per acres in this area instead of the
twenty -two permitted on the rest of the parcel, and that building height would also be limited from fifty
feet to thirty-five feet to make the development consistent with the adjacent single family neighborhood.
In response to Council question, Ms. Janssen explained that development agreements could only be used
for increased conditions and not to lessen zoning conditions. City Attorney Connelly added that the
development agreements are also recorded at the County's auditor's office and the agreement runs with
the land, so it will pertain to the property even if the property were sold. Mayor Towey invited public
comments. Arne Woodward, 25121 S Best Road said he is also a Planning Commissioner; that he
supports the development agreements; and said that the Planning Commission suggested that the verbiage
be changed to "development" agreements rather than "developer" agreements; he said he feels these
agreements are good for the city as then staff can enter into negotiations concerning any possible land
debates so that the agreement and the development would be blended; and he encouraged council to
approve the ordinance and keep as much flexibility as possible for staff so developers can put something
together that makes sense. There were no other public comments. Vote by Acclamation: In Favor:
Unanimous. Opposed.• None. Abstentions: None. Motion carried.
4. Proposed Resolution 10 -004 Adopting Planning Commission Rules of Procedure — Kathy McClung
At the Mayor's request, the City Clerk Bainbridge read the Resolution title. It was then moved by
Councilmember Dempsey and seconded, to approve Resolution 10 -004 adopting the Planning
Commission Rules of Procedure as amended December 10, 2009. Community Development Director
McClung explained what the new rules would actually do in practice. City Attorney Connelly mentioned
that a question was raised at the last meeting concerning the removal of Planning Commission members,
and he explained that RCW 35.63.030 states that a member can be removed after a public hearing by the
appointing official, and with the approval of this Council, and some of the reasons for removal include
inefficient, or neglect of duty, which he said could be defined by failure to attend meetings; that they are
to be selected and serve without political affiliation, and said the law attempts to shield them from any
political influence. Director McClung said that under the Code of Conduct, missing six or more
unexcused meetings could be a reason for removal consideration; and she said there is one member who
has had several absences due to his job, and that situation will be discussed more at the next Planning
Commission meeting. Mayor Towey invited public comment. Arne Woodward, 25121 S Best Road said
he is opposed to any limitations on commissioners; and agreed they have one member who is not there
and said he feels it hampers the discussion. There were no other public comments. Vote by Acclamation:
In Favor: Unanimous. Opposed. None. Abstentions: None. Motion carried.
5. Motion Consideration: Spokane County Interlocal Agreement JAG Grant — Cary Driskell
It was moved by Councilmember Dempsey and seconded, to authorize the City Manager or designee to
execute the proposed interlocal agreement authorizing the expenditure of the 2010 Edward Byrne Justice
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Assistant Grant with Spokane County. Deputy City Attorney Driskell explained that this is a follow -up
item of a grant which was applied for last year for criminal justice related purposes; he said we don't
provide our own criminal justice services as we contract with Spokane County, that under the grant we
are entitled to receive $50,367; that we executed an interlocal with the City of Spokane in December 2009
stating the terms and conditions for administration and that the City of Spokane would be the fiscal agent
for the area; and that for this interlocal, Spokane County would be our contract service provider, that they
would spend up to $12,500 for prosecution purposes between now and September 30, 2012; and we
would reimburse Spokane County; adding that Spokane County wants to use the funds to help pay for a
"Criminal History Specialist" at the Prosecutor's office; and then we would seek reimbursement from the
City of Spokane, with the remainder of the funds used for other criminal justice - related services in the
future on an as- needed basis. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
6. Motion Consideration: Acting City Manager Appointment Letter — Mike Connelly
Council determined that they would hear Mr. Connelly's presentation first, then consider a motion. City
Attorney Connelly explained that this is the third time this matter has been before Council for discussion;
at the last meeting a resolution was approved designating Acting City Manager Mike Jackson with the
authority to act as City Manager, and that the Mayor and Mr. Jackson met and negotiated the letter of
agreement which is now before Council. Mr. Connelly went over the highlights of the "Letter of
Agreement" and said it is anticipated that this designation will be for no more than six months; that this is
a temporary agreement to allow Mr. Jackson to serve for the term indicated, and give Council time to
explore other options to permanently fill the city manager position. Mr. Connelly said that as part of their
negotiations, Mayor Towey received a summary of the salary of other city managers, with a range for
like -sized cities, which cities usually had higher salaries for those city managers, but he added that it is
difficult to compare solely based on population as we are a very large city, but we contract a large part of
our services, such as law enforcement and the court system; and the annual salaries from other cities
ranged from $130,000 to $140,000 and in excess of $160,000. Mr. Connelly said the first paragraph on
the back of the Agreement should state that Council will make a determination "within" instead of "at
the end of six months and there were no council objections; and said if Mr. Jackson were selected as the
permanent city manager, a new contract would have to be negotiated. It was moved by Councilmember
Gothmann and seconded to approve the attached letter of agreement between the City and Mr. Jackson.
In response to Councilmember Grafos' question concerning severance pay, Mr. Connelly said that if Mr.
Jackson decided to leave, severance would not be included. Mayor Towey invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered.
ADMINISTRATIVE REPORTS
7. Spokane County Community Services Housing and Community Development — Kate KennedA
Ms. Kate Kennedy of Spokane County Housing and Community Development Department explained that
she is here to talk about linking our community with some of the homeless dollars; that the American
Recovery and Reinvestment Act of 2009 dealing with resolving Homelessness, has allocated some funds
to our area; that the funds are designed to provide assistance to households throughout our area; and the
Act is also designed to have the community partners collaborate as closely as possible in addressing
homelessness; she explained about their 2 -1 -1 promotional poster and flyer, and she encouraged people
who need assistance with rent or utilities, to contact them; and Mr. Jackson agreed she could send these
flyers to our central reception for display purposes.
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8. Milwaukee Right -of -way — Mike Connelly
City Attorney Connelly explained that the Milwaukee right -of -way, which is about from Dishman Mica
Highway to the city limits and follows Fourth Street or Appleway, was an old abandoned railroad right -
of -way; and in 1980, Spokane County purchased it from the Chicago, Milwaukee, St. Paul and Pacific
Railroad via a quit claim deed in the amount of $3,250,000; that the funds used to purchase the right -of-
way were from the Spokane County Sewer Interceptor Construction Fund; which interceptor line was
constructed under much of the right -of -way, and said the County also granted Avista authority to install
and maintain high voltage power lines over portions of the north side of the right -of -way; that in 1986, the
County transferred ownership of the right -of -way to the Spokane County Road Fund so it became more of
a road project; in 1994, Spokane County recorded a dedication Resolution dedicating this property for
public road purposes; that in 2001, the County improved a portion of the right -of -way from Dishman
Mica Roadway east to University, and he explained that the County does not dispute that portion was
transferred to the City of Spokane Valley upon incorporation. Mr. Connelly further explained that prior
to our City's incorporation, Spokane County requested and received approval for approximately $4.2
million dollars in TIB (Transportation Improvement Board) funds to be used for the construction of the
right -of -way from University to Evergreen; that a portion of the right -of -way was identified as a proposed
Urban Principle on the Spokane County Arterial Road Plan; and subsequent to our incorporation,
Spokane County transferred the right to receive those funds to the City of Spokane Valley; but the funds
have not been accessed due to uncertainties concerning the ownership and future development of the
roadway.
Mr. Connelly continued the explanation of the background of the area as per the February 9, 2009
Request for Council Action form; and said that appeals have now been exhausted so the road belongs to
the County. City Attorney Connelly further explained that STA (Spokane Transit Authority) approached
us to enter into an interlocal with them, to use our authority under zoning laws to preserve the right -of-
way and that they'd pay for the acquisition of properties in some of those pinch points where the road is
50' in width; but he said that was never finalized because of the continued inability to reach agreement
between Spokane Valley and Spokane County; and he added that the SARP (Sprague /Appleway
Revitalization Plan) contemplates it will be constructed as a roadway, and the zoning plan and conditions
of development all anticipate there will be a roadway in that location. In the summer of 2009, Mr.
Connelly said that the City's resolution asked the County to enter into mediation; but we received a letter
from the Board of County Commissioners thanking us for the resolution, but stating they are interested in
moving ahead for mass transit and arterial purposes and were looking to recoup some of the investment.
Mr. Connelly said the complicating factor is the funds they paid for that, as much of the funds were at the
benefit of the citizens of Spokane Valley, and what weight to give that is something for future discussion.
Mr. Connelly said that Mr. Jackson responded to the County's December letter, and that this will be the
main subject of discussion at the upcoming joint meeting with the Board of County Commissioners.
Discussion included mention of negotiations with STA and of the various "pinch points "; what the
preferred route is, i.e. Appleway or Sprague, and that such needs to be openly discussed. There was also
mention of a similar situation with the City of Liberty Lake, and Mr. Connelly said he would have to
examine a map to see the specific areas; and he added that we should try to avoid writing letters back and
forth with offers since that has been notably unsuccessful in the past; and said it might be beneficial to
have members of all three parties in a meeting to negotiate the topic, as STA has an interest and they have
set aside significant funds to purchase right -of -way at the pinch points. Councilmember Grafos said that
one of the items in this agreement which is very important to Spokane County was to preserve the 28' on
the south side for mass transit; but Mr. Connelly said it was to preserve a corridor and not necessarily on
the south side, but said the County has consistently expressed a desire to preserve a 28' corridor in the
right -of -way. Councilmember Grafos said then, what they wanted from the City of Spokane Valley was
that Spokane Valley preserve that 28' and they would purchase a portion of that possibly on the south
side, and the City of Spokane Valley would purchase it on the north side. Mr. Connelly said he wasn't
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sure if the County ever offered to purchase a portion, but one of the city agreements had a percentage, that
if additional right -of -way were required, there would be percentage for Spokane Valley to pay and a
percentage for Spokane County to pay. Councilmember Grafos said then, it was the City's unwillingness
to work with those pinch points on the north side, or to purchase those north side pinch points that stalled
this agreement. Mr. Connelly said he thinks it was more of a reluctance to pay for pinch points on the
south side or pay a portion of those pinch points; or pay a part of the STA mass transit corridor; and he
said he believes there was never a reluctance to purchase 25' on the north in those 50' areas; and said the
difficulty is that a great deal of time was spent arguing about what was said and what was meant, instead
of how to solve the problem; and he recommended setting aside all the "wheel spinning" and regardless
of where we were, the discussion need to focus on where we want to be and how to get there.
Councilmember Grafos stated that along the corridor. were some of the properties that were down -zoned
from commercial to residential - boulevard, or residential properties along the corridor, with the SARP
program. Mr. Connelly said the corridor was affected by the SARP from University through just after
Sullivan where the SARP ended, and the properties were up -zoned or down - zoned, but they were
changed.
9. Advance Agenda — Mayor Towey It was confirmed that there will be no Council meeting March 16.
INFORMATION ONLY: The franchise agreements, department quarterly reports, and report on
Council Broadcasts were for information only and were not discussed or reported.
13. EXECUTIVE SESSION Pending Litigation [RCW 42.30.110(i)]
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn to executive
session for approximately thirty minutes to discuss pending litigation; and that no action is anticipated
upon return. Council adjourned into executive session at 7:32 p.m. At 8:05 p.m. Mayor Towey declared
Council out of executive session, and it was then moved by Councilmember Dempsey, seconded and
unanimously agreed to adjourn. The meeting adjourned at 8:05 p.m.
ATTEST- Thomas E. Towey, Mayor
Christine Bainbridge, City Clerk
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