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2010, 01-12 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,January 12,2010 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,Deputy 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 Bob McCaslin, Councilmember Carolbelle Branch,Public Information Office Chris Bainbridge,City Clerk INVOCATION: Pastor Matthew Larson of Good Shepherd Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll;all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Gothmann, seconded and unanimously agreed to approve the agenda as presented. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember McCaslin: no report Councilmember Grassel: reported that she attended the Association of Washington Cities (AWC) conference for newly elected officials held in downtown Spokane. Councilmember Schimmels said he could add to that that he spent a day and a half downtown, refreshing what we should be doing and what we shouldn't be doing. Councilmember Grafos: said he also attended the AWC conference. Councilmember Dempsey: said she attended the AWC training; attended the Spokane Regional Clean Air Agency and was named Chair of that Board, and mentioned the program available to assist low-income citizens when their cars don't pass emissions. Councilmember Gothmann: said he attended the Chamber's Government Affairs meeting where they discussed the legislative agenda; said he had phone conversations with elected officials concerning the Transportation Improvement Board(TIB)and the Governor's proposal to move the TIB into WSDOT (Washington State Department of Transportation); said he met with Mark Peters of the International Trade Alliance (ITA) where Mr. Peters voiced concern that his agency did not receive any funding and was wondering if this Council would re-consider; and mentioned the Governance Manual and he invited Councilmembers to submit ideas or concerns for changes. MAYOR'S REPORT: Mayor Towey reported that he attended the AWC training as well. Mayor Towey read the proclamation for Human Trafficking Awareness Day, which was received by Azra Grudic on behalf of the Lutheran Community Services Northwest; and she thanked Council for the opportunity to Council Regular Meeting 1-12-2010 Page 1 of 7 Approved by Council:02-09-2010 bring this awareness to the community. On the topic of the Advance Agenda, Mayor Towey mentioned the importance of setting a date and time in the near future for the retreat. Councilmember Grafos read the following statement: "Mr. Mayor. I would like to have the following six issues reviewed by staff and or the city attorney and brought before the council for discussion and a vote as soon as they can be put on the agenda. The City Attorney and staff to bring before the council the procedure needed to replace the City Manager with either an interim or permanent replacement for Dave Mercier. The procedure that must be followed by the council to allow voting by telephone by absent City Council members. The staff and or city attorney to update the council on the S.A.R.P. plan and the options available to the council to restore zoning entitlements in effect at City incorporation in 2004 and allow property owners to build under any enhanced zoning entitlements enacted by the city in 2007 and 2009. Update the council on the statue and options available to suspend or table negotiations, and expenditures on the purchase of property at University City. Update the council on the statue and options available at this time on the 2.9% property tax increase for 2010 voted in by the prior council. The staff to schedule a joint public meeting between the council and the County Commissioners to receive issue up-dates and the status of important issues to our citizens. These issues could include negotiations on the railroad right-a-way and the on-going contract talks with the Sheriffs dept. Thank you, Dean Grafos." Deputy City Manager Jackson said as per the Governance Manual, a consensus of three or more councilmembers is needed to place items on future agendas; and there was Council consensus to put the items mentioned by Councilmember Grafos, on upcoming agendas. PUBLIC COMMENTS: Mayor Towey invited general public comments. Margaret Mortz, 3420 S Ridgeview Drive: Read the following statement: "I voted for Positive Change candidates. Last week an unannounced agenda change was made. Then, a vote was called immediately. This essentially prevented citizens who were not present from asking questions. The outcome of this vote will cost the city at least $175,000. This was done by a flawed process that was not compatible with open communications, and without written documentation of fiscal costs and benefits. This type of process leaves the door open for abuse. To prevent that, I believe that Council's required procedures should be legislated so that: (1) there will be "no surprises." Citizens can plan ahead to attend meetings based upon published agendas. This also allows citizens to "do their homework" and prepare written or verbal comments. (2) There will be "three touches." Citizens should have 3 opportunities to discuss this before the Council and in writing before a vote is taken. Although this process has been used in the past, the current council started their terms by ignoring these standards of conduct. Apparently, these "open governance"rules were optional behaviors. Consequently, I request that the Council formally adopt rules of conduct that force compliance. Specifically, the Council should declare that any future vote taken without honoring these rules of conduct will be null and void. I request that Council add an additional requirement before any public discussions and voting. I ask that the council show fiscal discipline and present written cost-benefit analyses for votes during at the beginning of the "3 touches" process. This fiscal analysis should include: the cost of proposed actions; sources of revenues to pay for any costs; processes and time required to recover from any expenses; a discussion of alternatives to the proposed actions with pros/cons; and risks involved in the action. My requests are consistent with the promises made by the "Positive Change" candidates. Here are reminders of those promises: From Dean Grafos(http://www.votedeangrafos.com/future,html): `We must always seek transparency and effective communication with the community. All voices must be heard, and all who work for the City should be accountable.' `Confrontation, litigation and limits on free speech are never acceptable (Spokesman-Review 4/30/09 & 5/9/09). We are the City's customers. No business can survive without understanding this fundamental principle.' Council Regular Meeting 1-12-2010 Page 2 of 7 Approved by Council:02-09-2010 From Brenda Grassel (http://www.votebrendagrassel.com/): `Not allow the voice of the citizens to fall on deaf ears!' `Be Accountable to the Citizens.' From Tom Towey (http://www.votetomtowey.com/home.html): `Listen to the people.' `Restore Public confidence.' `Fiscal responsibility—Transparency.' Council members, you are honorable and competent people. Please live up to your promises. Please make enforceable rules that require(1) `no surprises' (2) `3 touches' (3)written fiscal analyses in advance of the `3 Touches."' Mary Pollard, 17216 E Baldwin Avenue: said she noticed that in our sidewalk and street standards,we are pretty-much going to the swale thing on everything; and said she thinks since we are building pedestrian friendly communities, we are forgetting that since the swales are next to the road,that anybody who parks along the curb, the passenger side has to step into a pit; and said if we are thinking about all the handicapped people and people that may be older or infirm, or just clumsy, we have created all these pits to fall into; and said she and her husband are wondering, and said they noticed in a lot of developments that they have re-routed their water into places that go under the sidewalk; but said if they have to go with swales, that we need to allow a certain number of feet for somebody to be able to have level ground to stand on; as it is kind of dangerous and said when she talked to staff about this when they were talking about the road standards last summer,they suggested that people would just use the driveways of all these houses; but she said if it happens to be a side street where all the houses are facing one direction and the side of these yards is another street,there are no driveways for people to walk in; and she said she came to the end of a development going on a walk, and they had to go down a driveway and she said they almost fell because it was steep and very icy; and said we need in the planning to look at figuring out a way so that along the roadways, because people park; how are they going to get out of their cars without having to drive to the corner to pick somebody up; and she said it is not conceivable if someone has a house party and has a lot of guests; and said she thinks we have not been looking at pedestrian safety in looking at how to gather water. 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 12-17-2009 Beginning 19153, ending 19206 $565,388.23 12-17-2009 19207 $122,460.67 12-23-2009 Beginning 19208, ending 19240 $228,170.68 12-23-2009 Beginning 19241,ending 19274 $98,559.27 12-31-2009 Beginning 19275,ending 19307, 1224090010, 1228090006, 1230090026 $3,884,672.32 01-04-2010(for 2009) Beginning 19308, ending 19324 $56,160.16 01-05-2010(for 2010) Beginning 19326, ending 19330 $421,305.09 GRAND TOTAL $5,376,716.42 b.Approval of Payroll for pay period ending December 31,2009: $350,293.61 c. Approval of Council Meeting Minutes of December 22, 2009 It was moved by Councilmember Dempsey, seconded and unanimously agreed to adopt the consent agenda. Council Regular Meeting 1-12-2010 Page 3 of 7 Approved by Council:02-09-2010 NEW BUSINESS: 2. First Reading Proposed Ordinance 10-001 Amending Gambling Ordinance—Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance ordinance 10-001 to a second reading. Finance Director Thompson explained that as noted previously,the only change is to change the report due date from the 15th of the month to the 30th of the month. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried 3. First Reading Proposed Ordinance 10-002 Amending Spokane Valley Municipal Code 17.100.030 — Cary Driskell City Attorney Connelly explained that his office is also staffed by interns; he said they have a great relationship with Gonzaga University which compensates us for what we pay the interns, or we occasionally get interns for free; and the interns get credit for working with us; he said as a trade-off to that, staff does what they can to provide training opportunities and give them an opportunity to practice law, and tonight we will have two interns who will make presentations in lieu of either the City Attorney or Deputy City Attorney; and Jeana Poloni will handle this item, and Chris Longman will handle another matter later on tonight's agenda. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded, to advance ordinance 10-002 to a second reading. Intern Poloni explained that this proposed ordinance is an amendment to the Spokane Valley Municipal Code enforcement chapter; that this is a housekeeping matter and is anticipated to be revenue-neutral; that it would allow staff to bring code compliance cases and abatement actions either before the District Court or the Superior Court; that it is currently the practice to bring cases before Superior Court, but there may be times when it is necessary to bring cases to District Court. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 4. Motion Consideration: Mayoral Appointments—Mayor Towey Mayor Towey said that annually the Mayor appoints Councilmembers to committees throughout the area to represent Spokane Valley, and he read the following proposed appointments: Chamber of Commerce Board: Brenda Grassel Convention Center&Visitor's Bureau: Brenda Grassel Greater Spokane,Inc.: Dean Grafos Emergency Communications Board 911: Bill Gothmann Finance Committee Spokane Valley: Tom Towey,Dean Grafos, Gary Schimmels Governance Manual: Tom Towey,Bill Gothmann Growth Management Steering Committee of Elected officials: Dean Grafos,Brenda Grassel Health District Board: Bill Gothmann,Rose Dempsey International Trade Alliance: Brenda Grassel Lodging Tax Advisory Committee: Council Representative: Brenda Grassel; representative of person involved in funded activities: Doug Kelly for a two-year position NE Housing Solutions: citizen Terri Symbol, for a term expiring 3-15-2012. Solid Waste Advisory Committee: Gary Schimmels Spokane County Housing&Community Development Advisory Committee: re-confirm Bill Gothmann with a term ending 2011 Spokane Regional Clean Air Agency: re-confirm Rose Dempsey,term runs with council term Spokane Regional Transportation Council(SRTC): Gary Schimmels Spokane Transit Authority(STA): Tom Towey,Gary Schimmels TPA Tourism Promotion Area: Tom Towey Wastewater Policy Advisory Board: Rose Dempsey, Tom Towey Council Regular Meeting 1-12-2010 Page 4 of 7 Approved by Council:02-09-2010 It was moved by Councilmember Dempsey, seconded and unanimously agreed to confirm the appointments as just stated by the Mayor. PUBLIC COMMENTS: Mayor Towey invited other general public comments; no comments were offered. ADMINISTRATIVE REPORTS: 5. Alarm Ordinance Amendment—Cary Driskell By way of background, Deputy City Attorney Driskell explained that during the summer of 2009, the Police Department brought forth information concerning false security alarms and of exploring the concept of hiring an outside entity to manage that as it was taking a tremendous amount of time by the police department to manage the system, and to also try to reduce the number of false security alarms. Mr. Driskell explained that the City of Spokane adopted a program and hired a company a few years ago, and experienced a noted reduction in false security alarms,and therefore, our Police Department proposed exploring a similar system; staff solicited bid proposals and one response was received, that from Public Safety Corporation (PSC), a private company; and subsequently Council awarded a contract to PSC and amended the City's Code related to false alarms, which was adopted September 2009 with a start date January 1, 2010 of new code changes to implement the changes and the program, including amending the fee resolution. Mr. Driskell said that during that time, the City was notifying people about the upcoming system, and getting people signed up when staff notified there were some conflicts between different code provisions,and some of the language was ambiguous and/or superfluous; he explained in using the city of Spokane's program, we missed a few things, so tonight staff is doing some cleanup of the code and making it easier for people, staff and police to understand and use the code. Mr. Driskell explained the proposed changes: to remove the requirement at the bottom of page one and other references to a disclosure statement,that Spokane uses a disclosure statement but it was decided we would not use such a statement as it did not add anything; so rather than have an unnecessary document, it was recommended to remove references to a disclosure statement, including the reference on subsection F on the middle of page 2. Mr. Driskell said the change on page 3 is necessary because our police officers are not technically city employees, and a more accurate statement would be "law enforcement officer." Further changes explained by Mr. Driskell included the incorrect reference on page 4 to SVMC 7.20.050; the proposed change to leave section 7.20.170 blank for any future need, and to omit the text as it is superfluous to a provision already provided in the Code under subsection A 1 and 2; and under subsection B at the top of page 6, there was noted a difference between burglary and robbery alarm, and he said our police will not differentiate but have the same response for either alarm. Councilmember McCaslin asked about the annual registration fee, and Mr. Driskell explained that the annual registration is $25.00 but if there are no false alarms,the fee is reduced to an annual fee of$15.00. Councilmember McCaslin said it appears we are charging people who have not had a false alarm; that they are installing alarms in their homes for protection; and said he thinks Council should come up with something to penalize those who have alarm systems who have false alarms rather than those putting in a new alarm which has never caused a problem, or who have never had a false alarm; and he said it appears we are pre judging people by charging them the annual fee when they have had no false alarms. Police Chief VanLeuven said the registration fee is for the registration of the alarm, which is separate from the response to the false alarm; that the registration fee pays for the administration of this program, including verifying current correct contact information; that approximately 40% of our current alarms did not have current information for the people, so even if it was a true alarm, the police had to remain at the business without anyone responding as the owner's contact information was outdated; and he emphasized the importance for the alarm company and for PSC to have current valid contact information, and that registration pays for that task of getting the information, which helps eliminate law enforcement response to false alarms. Chief VanLeuven said if the alarm company gets a trigger on the alarm, they will return the call immediately and determine whether the alarm is valid. Council Regular Meeting 1-12-2010 Page 5 of 7 Approved by Council:02-09-2010 Councilmember McCaslin reiterated that we are charging people who have not had a false alarm, and those who should be charged are the ones who have false alarms; and if we are going to have an ordinance, we should not go after the people putting in new alarms. Chief VanLeuven said only those with a confirmed false alarm will receive a fee for law enforcement response; which is different from the annual registration fee of$25.00 or$15.00 to maintain the cost of the program. Councilmember McCaslin said he feels Council should not pass on this. Councilmember Gothmann said the policy in the past has been to recover operating or administrative expenses just as we do in charging planning permits; and said this is not a question of having false alarms, this is the cost of the administrative effort to keep the system registered and current. Chief VanLeuven said PSC takes 25% of the cost and the remainder goes to the City. Deputy City Manager Jackson explained that the fee is set in the current master fee schedule, which schedule contains all city fees, and said that this ordinance and the fee schedule were previously adopted; and if a fee were to be adjusted it would be done separately under the master fee schedule rather than with the ordinance. City Attorney Connelly added that we also have a contract with PSC and if the contract were to change, staff would need to advise Council of the rights under the contract if Council wanted to institute change. Councilmember Grafos asked about the cost of a false alarm, and Chief VanLeuven said with the new alarm system,there is a short grace period, and the fee schedule on residential false alarm is a flat rate of $85.00 for residents, and $165.00 for commercial; and under the old ordinance the charge was an increasing scale with each subsequent alarm, but this new schedule is a flat fee. Councilmember Grafos asked if someone was installing an alarm, would we consider waiving that first charge on a false alarm; and Chief VanLeuven said there is a provision for a grace period and a free first false alarm. Councilmember Grassel asked how many false alarms were residential and how many commercial, and Chief VanLeuven said he did not have those figures with him tonight, but said they went to an estimated 1055 false alarms last year in 2008; and said that he had previously provided council with numerous statistics concerning this topic; and said they are optimistic this will reduce the number of false alarms, thereby making the operation more cost effective and efficient, and saving on police man-hours to false alarms and thereby freeing them to other needed services; and it will be more efficient for the alarm users as well. Councilmember Gothmann reminded everyone that an ordinance is already in effect and these are changes to make the ordinance more accurate; and he suggested we move forward with these changes to the current ordinance, and ask staff to provide the previous information given to Council on this topic; and Deputy City Manager Jackson said that tonight's item is for consensus to move this item forward for a first reading if Council desires. Councilmember McCaslin said he would like to know how much revenue those 1055 false alarm generated; and Chief VanLeuven said they had that information previously; that previously there was a grace period; that the schools were not charged, and there were approximately 100 false alarms; and the revenue that could have been obtained under the old ordinance versus what will be obtained in this is substantially different, and he said costs will be recovered sufficiently under the new ordinance; and that the previous data will be given to council as requested. It was confirmed that staff will move forward with these technical amendments in the interim; that the requested information will be included in next week's council packet; and it was again noted that the fee and the ordinance amendment are two separate issues; and all will be brought back next week. 6. Homeless Housing and Assistance Regional Program—Mike Connelly Legal Intern Chris Long explained that in 2005, State legislature passed an act to reduce state-wide by 2015, the homeless population by 50%; and to do that, they required each county create a task force to develop and implement a plan; and to pay for this the legislature imposed new document recording fees which have been implemented in Spokane County and so far have raised about $4.3 million toward this program, and said that almost $2.4 million has been spent to fund homeless services county-wide; that Council Regular Meeting 1-12-2010 Page 6 of 7 Approved by Council:02-09-2010 currently the City of Spokane Valley has the opportunity to withdraw from the County's plan, or to remain and maintain the status quo; and that there is no cost associated with this to the City of Spokane Valley; but if Council desires to withdraw from the program with the County, the City of Spokane Valley could become responsible for meeting the criteria of the act and would need to start a new plan, still with a deadline of 2015; and if Council chooses to remain with the County, a draft sample resolution is included in tonight's materials. Councilmember Gothmann said he sits on the HCDAC committee and these activities are closely related, that the HUD grants go to low-income areas; and the decision was made some time ago to go with the County; that there are two entitlement areas, the City of Spokane and the rest of the County; and he said the County has an excellent relationship with HUD and of keeping track of funds spent; and on the homeless program, Christine Barada does an excellent job with an excellent staff and he said he would not want to replicate her efforts,and he recommends we continue the status quo. There was no council objection to proceeding as recommended in bringing forth a resolution next week to remain with the County's program. 7. CenterPlace Food Service Contract—Mike Stone Parks and Recreation Director Stone explained the proposed change of contract for food services, and of the positive reasons for moving as proposed; and that Glover Mansion, doing business as Red Rock Catering, is the recommended choice. There was Council consensus that staff move forward as proposed for a motion consideration next week. 8. Amendment to Fee Resolution—Mike Stone Parks and Recreation Director Stone said that the current fee resolution has an erroneous rate for use of a picnic shelter of $84.00 for five hours, which should be changed to $50.00; and since staff desires to charge the correct lower amount, Mr. Stone recommends this move forward next week to correct this error, and Council concurred. It was also noted that Council would like to examine all fees on the fee schedule and Mr. Jackson said that will be brought back separately for council's consideration. INFORMATION ONLY: The Planning Commission Rules of Procedure and Legislative Agendas were for information only and were not reported or discussed It was moved by Councilmember Grafos, seconded and unanimously agreed to adjourn. The meeting adjourned at 7: 25 p.m. ATTEST: , � - Thomas E. Towey,Mayor la ristine Bainbridge,City Clerk V Council Regular Meeting 1-12-2010 Page 7 of 7 Approved by Council:02-09-2010 1/12/10 Mr. Mayor I would like to have the following six issues reviewed by staff and or the city attorney and brought before the council for discussion and a vote as soon as they can be put1on the agenda. The City Attorney and staff to bring before the council the procedure needed to replace the City Manager with either an interim or permanent replacement for Dave Mercier. The procedure that must be followed by the council to allow voting by telephone by absent City Council members. The staff and or city attorney to update the council on the S.A.R.P plan and the options available to the council to restore zoning entitlements in effect at City incorporation in 2004 and allow property owners to build under any enhanced zoning entitlements enacted by the city in 2007 and 2009. Update the council on the status and options available to suspend or table negotiations, and expenditures on the purchase of property at University City. Update the council on the status and options available at this time on the 2.9%property tax increase for 2010 voted in by the prior council. The staff to schedule a joint public meeting between the council and the County Commissioners to receive issue up-dates and the status of important issues to our citizens. These issues could include negotiations on the railroad right-a-way and the on-going contract talks with the Sheriff's dept. Thank you, Dean Grafos Comments to the Spokane Valley Cit Council, Jan. 12, 2010 Margaret Mortz; 3420 S. Ridgeview Dr.; Spokane Valley, WA 999206; 509-893-1472; mmortz @gmaill.com I voted for Positive Change candidates. Last week an unannounced agenda change was made. Then, a vote was called immediately. This essentially prevented citizens who were not present from asking questions. The outcome of this vote will cost the city at least $175,000. This was done by a flawed process that was not compatible with open communications, and without written documentation of fiscal costs and benefits. This type of process leaves the door open for abuse. To prevent that, I � ,„ believe that Council's required procedures should be legislated so that: /4:1' 1. There will be "no surprises". Citizens can plan ahead to attend`based upon published agendas. This also allows citizens to "do their homework" • and prepare written or verbal comments. 2. There will be "three touches". Citizens should have 3 opportunities to discuss this before the Council and in writing before a vote is taken. Although this process has been used in the past, the current council started their terms by ignoring these standards of conduct. Apparently, these "open governance" rules were optional behaviors. Consequently, I request that the Council formally adopt rules of conduct that force compliance. Specifically, the Council should declare that any future vote taken without honoring these rules of conduct will be null and void. I request that Council add an additional requirement before any public discussions and voting. I ask that the council show fiscal discipline and present written cost-benefit analyses for votes during at the beginning of the "3 touches" process. This fiscal analysis should include: the cost of Mortz; Jan. 12, 2010; 1 proposed actions; sources of revenues to pay for any costs; processes and time required to recover from any expenses; a discussion of alternatives to the proposed actions with pros/con; and risks involved in the action. My requests are consistent with the promises made by the "Positive Change" candidates. Here are reminders of those promises: From Dean Grafos (http://www.votedeangrafos.com/future.html): "We must always seek transparency and effective communication with the community. All voices must be heard, and all who work for the City should be accountable." "Confrontation, litigation and limits on free speech are never acceptable (Spokesman-Review 4/30/09 & 5/9/09). We are the City's customers. No business can survive without understanding this fundamental principle." From Brenda Grassel (http://www.votebrendagrassel.com/): "Not allow the voice of the citizens to fall on deaf ears!" "Be Accountable to the Citizens" From Tom Towey(http://votetomtowey.com/home.html): "Listen to the people" "Restore Public confidence" "Fiscal responsibility-- Transparency" Council members, you are honorable and competent people. Please live up to your promises. Please make enforceable rules that require 1 "No surprises" 2. "3 Touches" 3. Written fiscal analyses in advance of the "3 Touches". Mortz; Jan. 12, 2010; 2