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2010, 08-10 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, August 10, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff Tom Towey, Mayor Mike Jackson, Acting City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Mike Stone, Parks & Recreation Director Brenda Grassel, Councilmember Ken Thompson, Finance Director Bob McCaslin, Councilmember Neil Kersten, Public Works Director Mike Basinger, Senior Planner Greg McCormick, Planning Manager Scott Kuhta, Senior Planner Morgan Koudelka, Sr. Administrative Analyst Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries 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 Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Gothmann said he wanted to correct a statement he made last week where he stated there were no traffic lights between Argonne and University, but said he should have said there was one traffic signal between Mullan and University, and said he checked with our traffic engineer and that there is also a traffic light at Farr, which would add an insignificant amount to travel time regardless of how the road is constructed. Councilmember Gothmann reported that he attended a Government Affairs meeting in connection with the Association for Washington Business, which is similar to a state Chamber of Commerce, where they discussed supporting Initiative 1053, an initiative to require 2 /3 majority to raise taxes; said he heard discussion from the CEO of Valley Hospital regarding the strike and issues surround that situation; said he visited Liberty Lake's Business Center; said that the Board of County Commissioners had a meeting where they discussed telephone bills and taxes, including the enhanced 911 services. Councilmember Dempsey reported she attended the Clean Air Agency meeting where they discussed the railroad switching yard and pollution problems; said she had a good time as she attended four different National Night Out parties. Councilmember Grafos said he also attended about six National Night Out parties and said they were good events; and he thanked staff and the City Manager for the job on opening the intersection on Sullivan and Sprague, and said he knows the business owners appreciate that intersection opening. City Manager Jackson mentioned that thanks also go to Council and to Public Works. Council Regular Meeting 8 -10 -2010 Page 1 of 11 Approved by Council: 08 -24 -2010 DeputyMayor Schimmels said he co- sponsored a National Night out in his neighborhood and they had a nice turnout; that yesterday they had a committee meeting with the governance issue with solid waste, and said they are still working on it, that they were interviewing the negative group and now are back with this positive group — of which he is a member, and said they hope to have something more to discuss in a month or two. Councilmember Grassel said she also attended about four National Night out parties, and they were well attended. Councilmember McCaslin said in relation to his position as Senator, that there are millions of dollars going to the homeless issue that the public is likely not aware of, and he has requested his office to provide copies of that information. MAYOR'S REPORT: reported that he attended the ADA self - evaluation survey meeting in Council Chambers; he met with the Mayor of Liberty Lake, and Central Valley School District Superintendent Smith; attended the Chamber's Government Affairs Committee meeting; attended three National Night Out parties and said he was encouraged by the number of participating neighbors; said he was invited to the Mukogawa Institute at Spokane Falls Community College, 20 Anniversary, and said that during their twenty years, they graduated 9,000 students; he commended staff and Acme Construction for a job well done at the intersection of Sprague and Sullivan; he met with Eric Sawyer of the Regional Sports Commission about future sports accessibility in Spokane Valley; today met with the City's Finance Committee where they discussed the 2011 budget, and he reminded everyone that the budget is a work in progress up to the final adoption of the budget, which will occur later this year. PUBLIC COMMENTS: Mayor Towey invited general public comments. Tony Lazanis 10626 E. Empire, Spokane Valley said he read in the paper that the council might pick out a manager tonight; and said this would be a good time to discuss the sewers as we pay about 80% of the sewers but don't own them, and citizens could likely see a $100 bill for sewers; and said that he hopes whoever is picked will have an interest in the sewers; and said if we pay for it, we should own it. Ray Ward 13404 E 9 1h Avenue said he would like council to consider adopting an ordinance to keep big trucks out of residential areas overnight and on weekends; he said they can't use their patio and backyards because of the diesel truck fumes and pollution, and said the Health Department will be looking into the noise and pollution problem. Aabida Dar, 13413 E 10` Avenue voiced the same concerns as Mr. Ward; said they have been dealing with the horrible diesel smell for the last eight years and she eventually moved her bedroom from one side of the house to the other in order to try to avoid the noise and smell. 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 WNOUCHER NUMBERS: TOTAL AMOUNT 7/22/2010 20674 —20697,722100041 $233,796.14 7/23/2010 20698 —20716 $173,081.16 7/28/2010 20717— 20726, 72310013 $335,264.13 GRAND TOTAL $742,141.43 b. Approval of Payroll for Period Ending July 31, 2010: $363,525.74 c. Approval of Special Council Meeting/Retreat Minutes of July 13, 2010 d. Approval of Study Session Format Council Meeting Minutes of July 20, 2010 e. Approval of Special Executive Session Council Meeting Minutes of July 27, 2010 f. Approval of Formal Format Council Meeting Minutes of July 27, 2010 Council Regular Meeting 8 -10 -2010 Page 2 of 11 Approved by Council: 08 -24 -2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2. Second Reading Proposed Ordinance, Solicitation (Panhandling) Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt the proposed ordinance amending SVMC 8.25.020, and adding a new section SVMC 8.25.025 regulating solicitation activities as amended. Deputy City Attorney Driskell explained that this issue has been presented to council several times over the years and staff examined the legal and U.S. Constitutional issues surrounding panhandling; he said this ordinance has been re- drafted to include those council suggestions such as refining the definition of "median" and to prohibit pedestrians from entering or being within 100 feet of an intersection to a principal arterial, on or off ramp to Interstate 90, or a state route, and he said the accompanying map shows the clear details of the state routes involved. Mr. Driskell also introduced legal intern Jandon Mitchell and said Mr. Mitchell has put in a tremendous amount of work on this topic as well and was an important part of the team, and Mr. Mitchell mentioned that the complete legislative record is on file with the City Clerk. Mr. Driskell said the outcome of the appeal of the Redondo Beach case is still pending and it could be several years before a determination is made; and also stated that he has worked extensively with Chief VanLeuven who stated this will be an effective tool to promote better traffic flow and increase safety. Mayor Towey invited public comment. Tony Lazanis, 10626 E. Empire, Spokane Valley said he thinks Council is spending too much time on this topic as there are very few peddlers; and Council can use that time for something better. Richard Munson, 12404 E 27"' Avenue extended congratulations to the council for this major step to help our city; and commended council for their hard work; and said we should not expect this to get rid of panhandling, but it will be a tool, if not the solution; and said that ChangePoint would be part of that solution as well as they provide education to our citizens; and he urged council to make sure the educational effort is there to provide information on other avenues of help. Ian Robertson, 17116 S Rotchford Drive he thanked Council for making the reason for this ordinance that of safety and traffic flow; and he thanked Council for the previous resolution to support ChangePoint as they help the disadvantaged and the truly needy rather than support the lifestyles of people who make public begging a way of life; and said they have been and will continue to distribute their information cards to those in need. Evie Crossman, 14902 East Valleyvay said she has been a Valley resident for fifty years or so; and comes from a family concerned with helping the disadvantaged, and said she is impressed with what she is hearing tonight, and understands the need for banning panhandling, especially with those who are hostile and aggressive with drivers; she mentioned the ten year plan in place called the "Road Home" which hopes to end homelessness in our area; she said someone previously mentioned there are millions of dollars going into homeless programs, but she said they are still woefully at a loss to have adequate services, and in the Spokane area, there are approximately 15,000 homeless people, which count she said is not based on the one day count but on all organizations combining their information; and said there are fewer than 1,000 beds available; she said she spoke with mayors of other cities and said she would like to think we can take care of the poor in our community without forcing them to go elsewhere. Councilmember Gothmann added that the programs "2163" and "2160" are two bills passed by the legislature which address the homeless situation, and provide dollars for homelessness, with the goal to end homelessness in ten years; he said about 85% of people who panhandle are not homeless, and the general rule is the homeless are not panhandlers; he said he doesn't consider panhandling to be a homelessness problem, and he commended staff for spending hundreds of hours on getting this ordinance, and thanked Councilmember Grassel for her impetus. Mayor Towey also extended congratulations to staff for all the hours worked on this topic, and said he feels the ordinance is enforceable and defendable; and Council Regular Meeting 8 -10 -2010 Page 3 of 11 Approved by Council: 08 -24 -2010 if we are going to solve this problem, both the ordinance and the education are necessary. Councilmember Grassel also thanked staff for their work and for being kept informed of upcoming issues. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Abstentions: None. Motion Carried. 3. Second Reading Proposed Ordinance, CTA 03 -10 Code Text Amendment (Sprague /Appleway) — Christina Janssen After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve the ordinance amending Spokane Valley Municipal Code 19.140 and 19.110.020 Appendix D. Standing in for Planner Janssen, Planning Manager McCormick explained that there were four components including adding language to give the Community Development Director authority to grant administrative exceptions for minor design changes; allowing full service restaurants as a permitted use in the Mixed Use Avenue Retail zone, updating the table to allow restricted access to other streets in the Mixed Use Avenue zone, and considering allowing vehicle sales within the Mixed Use Avenue Retail zone; and said this ordinance addresses all but the vehicle sales, as that will be addressed separately later. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion Carried. 4. First Reading Proposed Ordinance, CTA 04 -10 Code Text Amendment — Mike Connelly City Attorney Connelly explained that this matter was before council a few weeks ago at which time council voted not to accept the Planning Commission findings and Council instructed staff to prepare an ordinance to allow the expansion, giving two options, one of granting the Community Development Director the authority to allow such an expansion if all criteria are met, and the second requiring a conditional use permit, which would necessitate a public hearing before the Hearing Examiner; he also suggested council hold a public hearing at the time of the second reading of this ordinance in order to allow public comment on the draft ordinance with only the one option, which would be determined tonight; and he suggested council move to advance the ordinance as drafted, with the first #5, to a second reading; or to advance the ordinance to a second reading as amended with the second #5 option, which is the Conditional Use Permit option. Mayor Towey invited public comment. Stanley Schultz, 425 S Alpine Drive Libegy Lake: Mr. Schultz explained that he represents Hite Crane; that if council chose the first option, council should keep in mind that there would be no "leapfrogging" from one parcel to the next; said he favors the option which does not require the conditional use permit; and said with his experience, those permits require a minimum of 120 days to get through the process, and said Mr. Hite does not have 120 days; he said the conditional use permit is not necessary and sufficient safeguards can be included to administer this situation administratively; and he reminded council that an administrative decision can be appealed to the hearing examiner. City Clerk Bainbridge said she received a public comment e-mail and with the Mayor's consent, read the following into the record: "August 10, 2010. Honorable Mayor Towey. I am opposed to any action that would allow the expansion of nonconforming uses. The City's nonconforming use provisions allow a business activity, which no longer fits the character of the neighborhood, to continue operation until they close or move. The issue of allowing the expansion of nonconforming uses arose because Hite Crane is attempting to establish an industrial use in a neighborhood that is primarily retail and residential. Hite Crane knew before acquiring the proposed site that it was not adequate in size for a crane operation and their business would be a nonconforming use. Although the replacement of one nonconforming use by another is allowed, Hite Crane knew that expansion of a nonconforming use beyond its current site is not authorized under our city code. Hite Crane's request to change the code was heard by the Planning Commission. The Planning Commission recommended to the City Council to deny the request. The City Council voted to reject the Planning Commission's recommendation. The City Council is now positioned to change the city code to permit the expansion of nonconforming uses and create a situation where the entire city may suffer for Hite Crane's choices. Not only will Hite Crane be allowed to expand, but so will any other Council Regular Meeting 8 -10 -2010 Page 4 of 11 Approved by Council: 08 -24 -2010 nonconforming use, in particular the businesses that specialize in `adult products' or `adult entertainment'. Currently, wherever these businesses are operating they are nonconforming. While there are many citizens who would have these businesses shut down and not allowed in the city, the Courts have, citing the First Amendment, upheld these businesses' right to operate. Because of their legal right to operate, the City established places, not on our main street, where these businesses could operate. This council is about to give them carte blanche to expand on our main street. The City Council will probably make some lame attempt to mitigate their mistake in allowing the expansion of nonconforming uses by limiting the expansion to certain zones or requiring a conditional use permit, but neither of these actions can or will stop the expansion of operations offering adult products or adult entrainment. The `adult entertainment' industry has a history of being extremely litigious and willing to make their case in the courts. The impact of the `adult entertainment' establishments on local neighborhoods and business decisions should not be underestimated. As an example, a Porsche dealership wanted to establish in auto - row but chose to go to another site in a different City because of the proximity of an `adult entertainment' establishment to the auto -row site. The City Council should not help Hite Crane by opening the door to the expansion of those businesses we would seek to control. The City Council needs to reject any action that would allow the expansion of nonconforming uses. John G. Carroll, 1207 S. Rotchford Drive, Spokane Valley, WA 99037. 509- 927 - 9735" Gary Hite, owner Hite Crane, formerly of 4323 E Broadway 99212 said he feels continually worked by this program to feel he is pushed out of testimony after being likened to some activities that he doesn't have anything to do with, and has never had anything to do with and doesn't condone, and said he doesn't see where the continued operation of his business has anything to do with the prior written testimony; and to refresh present council's memory, he said he was taken by eminent domain by the City of Spokane and the prior Spokane Valley Council gave the City of Spokane authority over him; he said he has had several people tell him it is questionable if that was even appropriate or legal; and said at this point, he has tried to move and continue his 40 -year business, under extreme duress; he said he bought both parcels of property conditionally upon the acceptance of the other owner at the same time because he needed that space to conduct his business as he was losing his prior space; he said he sincerely thanks the members of this Council who have tried to urge for a more quick move on this so he can continue his existing business; he said he has no plans of opening any kind of a business other than which he has traditionally done, and said he takes offense to that being referred to; and he asked Council to please use prudence in moving this forward so he can continue his business. Mr. Hite said this is a time when there are a lot of vacancies along the valley corridor, and said when he started looking for a new property, he was amazed at the amount of vacant property, and said he was repeatedly told that he would never be allowed to build or put a business on the current vacant property, so he said he bought an existing facility, not necessarily ideal but in his timeframe, this is his total survival. He said if he is not allowed to move within the next month, he will be out of business. Councilmember Grafos asked Mr. Connelly, if the adult entertainment referred to in the letter from John Carroll, the head of the planning commission, if they own both properties, would it be a nonconforming use, and if they owned both properties before the zone change, would they be able to expand; and Mr. Connelly said the rules would be applied the same. Mr. Grafos said such establishments would still be restricted by being 1,000' from a residential area and all of the administrative conditions of this property with Hite Crane would be no different. Mr. Connelly said the nonconforming right would be the same as Mr. Hite's property and any other business; and the underlying zoning regulations would not apply to a nonconforming use that was allowed to expand, and he explained that what council is doing is acting legislatively, not writing a "Hite- Crane" ordinance or an adult entertainment ordinance, but would be writing a nonconforming use ordinance that would allow any nonconforming use to expand onto property adjacent to the original, if the conditions are met as set forth on page 3 of that ordinance. Mr. Grafos said then we are basically writing a timing ordinance, and said to go out and scare everybody and say we are going to open the whole city up; the same restrictions apply to those business as any other. Councilmember Gothmann said if he were the owner of an adult business now, and this ordinance were adopted, he could purchase the adjacent property and expand into it, and Mr. Connelly said that is correct, Council Regular Meeting 8 -10 -2010 Page 5 of 1 I Approved by Council: 08 -24 -2010 if all the other conditions set forth in new section five were met; and said that any business today could expand onto an adjacent property if they owned it before the nonconforming was created; and if this ordinance passes, any business will be able to expand onto an adjacent property that was not owned at the time the nonconforming was created, if the conditions in this ordinance are met. Councilmember Grassel said she also takes exception with the comments from Mr. Carroll, and feels this is used as a scare - tactic as only addressing the one type of business. After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded, to advance the ordinance amending SVMC 19.20.060 to a second reading. To clarify, this means the ordinance will be advanced as written with the first #5 option and not the second #5 option to include a conditional use permit. Councilmember Gothmann said this ordinance presents some significant difficulties as it is a general ordinance and not for a specific property; and he distributed copies of "Comp Plan Description 2.5.6 Industrial Designations" and he read the description of "heavy industry" and stressed that "heavy industry" may have "significant noise, odor or aesthetic impacts to surrounding areas" and "commercial, residential and most recreational uses should not be allowed in areas designated for heavy industry." Councilmember Gothmann said that Mr. Hite is moving from an I -2 zone to a corridor mixed use which is designed for business and residences; and he distributed a chart showing the NAICS (North American Industry Classification System) codes for those kinds of businesses, and directed attention to the "crane rental with operator" entry. Councilmember Gothmann said the chart indicates that a business engaged in "asphalt coating and sealing" can be in the I -2 zone; and said at the 17515 Sprague site, we could have an asphalt sealing and coating business, or a driveway paving or sealing, or concrete sawing and drilling firm, or the crane rental with operator; and said these are all 1 -2 heavy industrial applications; and said when he went to the 17515 E Sprague site, he noticed that Greenacres High School is immediately across the street and said he feels mixing those is not good and not good public policy; he said he noted immediately to the north is a row of single family residences; and we would be allowing heavy industry right next to retail uses; he said if Mr. Hite chooses that, such is his legal right; but said he would not want to encourage more noise, more odor and more aesthetic impacts. Councilmember Gothmann said Mr. Hite indicated he needs this for expansion; but said after speaking to the Fire Chief, the Fire Chief informed Mr. Gothmann there is no fire requirement to expand from his present site; and noted that one of the reasons Mr. Hite chooses Sprague is because Spokane Valley does not require extra heavy trucks to contribute to the deterioration of our roads as does the State; and said the reason Mr. Hite would not want to go on Trent is the State charges such a fee; and Councilmember Gothmann said this particular instance is the "poster child" of why we should not permit it; the expansion is not the right thing for a neighborhood; he said the sex shop scenario is very real, and once this ordinance is passed, such shop could expand its business to the adjacent property by purchasing the property; and said he feels this is the "anti- thesis of good neighborhood design" and by granting additional rights, this would put the city at risk. Councilmember McCaslin said he is not worried about the negativity, as Council can always come back to this issue if a problem arises; but there is a company with 30 people making a living. Councilmember Gothmann countered that "given a choice of kids and the safety of our children, versus the heavy industry, I'll choose the kids" although Councilmember McCaslin refuted that such is not the choice. Councilmember Dempsey said she understands the problems of unintended consequences of actions; that she realizes Mr. Hite has had difficulty, and said she has mixed feelings about this; that she wants to help him; she has been to his place on Broadway; and she will vote for this but will do so reluctantly. Deputy Mayor Schimmels added that he feels this is not totally about Hite Crane; and regarding permits, realizes that Mr. Hite would not be able to afford to go down the state roadway; that we may not have a permit system for that in the city; and said these operators generally do not operate without the correct permits. Vote by Acclamation to advance the ordinance to a second reading: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, Grafos, and Dempsey. Opposed: Councilmember Gothmann. Abstentions: None. Motion Carried. Council Regular Meeting 8 -10 -2010 Page 6 of 11 Approved by Council: 08 -24 -2010 Mayor Towey called for a recess at 7:50 p.m., and reconvened the meeting at 8:04 p.m. 5 Motion Consideration: Selection of City Manager — Mayor To wey Mayor Towey said he was privileged to see this council work towards a common goal; and he thanked council for doing a lot of work and evaluations in order to come to a decision which was not an easy decision; that this position will have a tremendous impact on our city; and said he feels this council did its homework; that there were excellent candidates; and he thanked all the candidates for applying; and he asked each councilmember to comment and discuss this issue prior to making a motion. Councilmember Gothmann echoed Mayor Towey's comments, and said everybody was on the same page all along, and he felt it was a good process and staff was superb in providing assistance and alternatives. Councilmember Dempsey said she was impressed with staff, in particular Human Resources Manager John Whitehead; and said she was pleasantly surprised this council came together on the initial selection to bringing the finalists down to about ten people; that she felt councilmembers were all looking for the rights things in a city manager and had the best interests of the city at heart. Councilmember Grafos agreed with the last statement, and said council did due diligence, that originally there were about 26 candidates; all very well qualified; and that council worked together for the common good and the welfare of the city and put individual personal feelings aside, and looked to make the best decision for the city. Deputy Mayor Schimmels added that this is a work in progress; that there were some great candidates, and said the council joined in, which was refreshing to see. Councilmember Grassel said she is excited for this new chapter of the city, that it is somewhat of a new beginning and this is a great opportunity; that council worked hard together; and she thanked human resources and legal staff; and said she appreciates all those extra efforts to get all the pertinent information to council. Councilmember McCaslin initially indicated he would abstain and said he would not vote no as under Robert's Rules abstaining is permitted, but it was mentioned that the Council's Governance Manual does not permit abstaining; and he said he felt there was a better candidate. It was moved by Deputy Mayor Schimmels and seconded to authorize Mayor Towey to enter into contract negotiations with Mike Jackson to fill the position of City Manager. Councilmember Gothmann said he was impressed with Mr. Jackson's work with regard to ICMA (International City /County Management Association), and the outstanding reports from Mr. Jackson's references regarding his ability to work with people. Mayor Towey invited public comment. Gene Strunk 12902 East Broadway: said the election a while back resulted in four people here elected by a wide margin to represent the will of the people, those who pay the taxes in this city; and as these new people came to office, some of the existing people on the council found it necessary, he said in his opinion, to denigrate the new people coming on by saying they were ill- equipped and needed more experience, and the critical word in the Valley Voice, was to "learn how to work with the staff." Mr. Strunk said in his opinion, the public spoke and they wanted changes; these new people came together and removed Mr. Mercier; there was a great deal of turmoil particularly in the little local paper, the Valley Voice, which had apparently some interesting ties to Ms. Wilhite, Mr. Munson, and said in his business opinion, would not be in business if it weren't for the notifications of foreclosures because no one advertises with them, and said therefore, you can take their credibility at face value. He said there has been an ongoing dispute and now it sounds like council has determined they are going to give Mr. Mercier's second -in- command, Mr. Jackson, an opportunity to represent the public, the taxpayers. He said to Mr. Jackson, that when he is elected, to keep this in the back of his mind that it wasn't that long ago, a couple weeks ago, that Ms. Grassel asked one of the city staff about a grant application that had to be voted upon immediately, that night, and when Ms. Grassel asked this individual staff member, who he said Mr. Jackson will oversee, why they were not given prior notice and why does council have to vote immediately tonight; that individual told Ms. Grassel that it was new to him and that if we want these millions of dollars in grant money, you have to vote on it tonight. Mr. Strunk said that in fact, was a bald - faced lie; that staff individual knew about this four to six weeks prior to bringing that before Ms. Grassel; he said Ms. Grassel was inadvertently condemned again in the Valley Voice. Mr. Strunk said he is getting a little tired of how the people who were defeated and thrown out of office again by the taxpayers, still have influence in this council; and said apparently we cannot give up the past; and he recommended to Mr. Jackson that as taxpayers, there are a lot of things wrong, and more wrong than right with this city Council Regular Meeting 8 -10 -2010 Page 7 of 11 Approved by Council: 08 -24 -2010 staff that has been extolled again and again as to their wonderful virtues; and said the taxpayers are picking up the tab for this. He continued by stating that for example, the planning and building department almost doubled their budget from the prior year and added 1.75 additional employees built into that budget; he said you're going to be in charge of them, and said the only problem with this wonderful plan that Mr. Munson, Ms. Wilhite and a few people sitting here had, is that if you'll look at the production of this one only department, there's nothing going on. He suggested people look outside as there are no new houses going up, yet he said, the budget goes up almost a million dollars for this one department, $700,000, and he said there is no oversight on this. Further he said, in the next six months, the income to this city is going to go in the tank; and said we are in absolutely precarious times as a nation financially, and said the reason these new four individuals were brought to office, is because the public in general recognizes this point that we're in trouble, and they were put here to safeguard the taxpayer's interest; and he said this continual idea that these progressive status views, whether it be a porn shop going up, using this same legal diatribe we heard here tonight, when a man who has 30 grown men with families is just trying to stay in business, and to use these scare tactics, that is the continual modus operandi of these individuals that have held office too long and when they can't win the argument, they try a scare tactic. Mayor Towey reminded Mr. Strunk that the topic is the selection of Mr. Jackson and to please make comments toward that topic. In summary, Mr. Strunk said that Mr. Jackson is nothing more than a reflection of Mr. Mercier, and said in his opinion, council has made a big mistake, and there will be the same problem with staff that brought the new four people to office, and he said the public will not tolerate it in the next round of elections. Mayor Towey said council appreciates comments from citizens, and council encourages citizens to comment. Councilmember Dempsey reminded everyone that Spokane Valley is in better shape than almost every city in the State of Washington; there are no layoffs and the services remain the same with no cuts; that we have had sound fiscal management; that the country is in dire shape, but that is not the fault of the city nor of the staff; she said staff's job is to make the citizens happy, and if that doesn't occur, they don't have a job; therefore, she said staff would not try to act contrary to what citizens want; she said she is offended that the staff and the city have been insulted. Arne Woodward, 2511 S Best Road, Spokane Valley, 99037 said council interviewed 26 applicants no doubt from all over the country; that his biggest concern is that in the interviewing, he hopes we got the candidate who has a passion for Spokane Valley, as he feels it takes a passion to understand who we are, and where we are going; and he said Mr. Jackson at least appears to understand some of the issues the Council has, that he has been more than willing to listen and has been a solid candidate, and if that continues, we will continue to build the city. Tony Lazanis, 10626 E. Empire, Spokane Valley said he agrees with the everything the other man said except he feels Mr. Jackson is his own man; and said he does not know if Mr. Jackson will follow Mr. Mercier's agenda; but that Mr. Jackson is a good man. Nancy Holmes, 1411 E. Mission, with Avista said her job at Avista is regional business manager assigned to Spokane Valley; that one of the things she feels Mr. Jackson will have going for him is the staff here at the city; that Avista works on a lot of issues with the city, and said she finds the staff is dedicated, cooperative, and willing to discuss issues; and she congratulated Mr. Jackson and said she feels he will have a solid staff behind him. Deputy Mayor Schimmels said Mr. Strunk brought up the permit center and building permits and our community development groups; he said we haven't carried this through the rest of the month this year, but we doubled our permit revenue in May of 2010 and he said that just didn't happen; there is work being carried on here daily; and he said council has given staff a fairly heavy load with the reconsideration of Sprague Avenue and said he disagrees with Mr. Strunk's statement. Councilmember Dempsey said that Mr. Jackson came in as Deputy City Manager about the same time she came on council; that she knew him initially from good reports from just about everybody; that he worked quietly Council Regular Meeting 8 -10 -2010 Page 8 of 11 Approved by Council: 08 -24 -2010 I as the Deputy City Manager, and when he stepped into the position as City Manager, he did so calmly and coolly and he was able to work with everyone to alleviate the anxiety and stress; that he is a people - person who can help people reach agreement on many things, and said she feels this selection is the best person of all those excellent, highly qualified applicants. Councilmember Grafos said most of the 26 applicants were very well qualified, and after review of the applications, he concluded the selection should be Mike Jackson, that he understands and has a sense of who we are as a community; he knows we are not other cities and he has demonstrated a willingness to meet, discuss and listen to everyone; that he is customer - service oriented and speaks often of how the city can best serve its citizens; he has a common - sense, nonconfrontational approach to solving complex problems such as his work to conclude the sheriff's contract after years of work; and said he feels Mr. Jackson is just what the city needs to come together as a real community. Mayor Towey said one of his highest priorities in evaluating these qualified applicants, was honesty followed by integrity; and said because we are a contract city, we needed a people - person, someone who works with others and gets along in difficult times; and he thanked Mr. Jackson for stepping up in a difficult time, and he commended Mr. Jackson for an outstanding job during these last seven months, adding that he didn't have a deputy city manager to help him. Councilmember Grasse] said she will support and endorse the person chosen by council tonight; and said it came down to who has the most years of experience, and while Mr. Jackson "rose to the cream of the crop" as far as the final contenders, but said having run a city was an important factor. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Dempsey, Gothmann and Grafos. Opposed. Councilmembers Grassel and McCaslin. Abstentions: None. Motion carried. 6. Motion Consideration: Law Enforcement Contract — Mike Jackson Mr. Jackson thanked council for their support, and said he "wouldn't expect anything less than a lot of varied opinions in our city" and that the challenge we face is to embrace all the opinions and pull the community together and respect the diverse viewpoints we have; and said he appreciates, respects, and enjoys the wide diversity we have in Spokane Valley, and will do his very best for this city. It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to finalize and execute the interlocal law enforcement agreement with Spokane County. City Manager Jackson said after meeting once a week for six months, we have agreement on the Law Enforcement Contract, and he highlighted the changes in this interlocal from the previous agreement; and acknowledged the help of City Attorney Connelly, Police Chief VanLeuven, and Senior Administrative Analyst Koudelka for their extensive work on this issue; and said this is scheduled for approval consideration by the County Commissioners at their meeting next week. Mr. Jackson also went over the cost increases including a 4.5% cost of living allowance and health insurance which equates to approximately $684,000; and he mentioned one of the new tools in this agreement is greater communication among all entities involved. Mayor Towey invited public comment and Tony Lazanis asked several questions of how revenues are received and spent and Mr. Koudelka explained that there are laws and rules governing how specific revenue funds are to be spent; that the "seizure" amount is a shared fund, and the fines and forfeitures amount to approximately $1 million in revenues for this city. Arne Woodward, Best Road commended council and the staff in moving forward with the contract, and for the steps taken to have good working relationships. Councilmembers extended their appreciation to staff for their work on this contract. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. At 9:00 p.m., it was moved by Councilmember Dempsey and seconded, to extend the meeting one hour. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Grafos, Gothmann and Dempsey. Opposed: Councilmember McCaslin. Abstentions: None. Motion carried. 7. Motion Consideration: Setting Preliminary Budget Hearings — Ken Thompson It was moved by Deputy Mayor Schimmels and seconded to set the 2011 Budget hearings for September 14 and September 28, 2010. Finance Director Thompson explained that the law requires Council to set two budget hearings, and those dates fit nicely into the schedule. Mayor Towey invited public comment; Council Regular Meeting 8 -10 -2010 Page 9 of I 1 Approved by Council: 08 -24 -2010 no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. Deputy City Attorney Driskell: said he wanted to take this opportunity to mention that this is Mr. Connelly's' last public meeting with the City, that he put in five good hard years, and he wanted to publicly thank him for his legal knowledge, healthy approach on how to represent a city, and for his friendship. Mayor Towey extended his thanks to Mr. Connelly for all his advice and for his five years with the city and said the city benefitted greatly; and he wished Mr. Connelly well in his future endeavors. City Attorney Connelly thanked everyone for their kind remarks, and said he has enjoyed his tenure here, that it was a challenge and a pleasure, and his biggest regret is just as he is getting to know councilmembers, he will be leaving. Gabe Brown, Community Minded Television (CMTV), 25 W Main, Spokane: requested that General Manager Robert Foote come before council in the future to present some ideas and ask some questions, and to go over how to make the most of the money used for this service; and to discuss practical issues on shooting, presentation, and other possibilities. Mr. Jackson said staff will visit with CMTV to schedule a time for council. It was noted that Councilmember McCaslin left the meeting at 9:05 p.m. ADMINISTRATIVE REPORTS 8. Estimated Revenues and Expenditures — Ken Thompson Via his PowerPoint presentation, Finance Director Thompson gave a preview of the 2011 proposed budget, which is $62 million, which is down from 2010; he said most vacant positions were dropped from the budget resulting in $350,000 savings, and said departments are expecting to save 3% in the current budget, which results in a savings of approximately $1 million. Councilmember Grassel said she would like to see the preservation and maintenance fund for roads and Mr. Jackson said that will come next week as Public Works will be giving a presentation on the street preservation plan and will repeat the projections for capital projects and council can determine what the target might be, and he said not knowing what the future economy will be, it might be too soon to use reserves for capital projects; adding that we are in a solid financial situation now; and council can discuss this and provide staff direction. 9. Subarea Plan (SARP) Report to Council on Neighborhood Center — Mike Basinger Senior Planner Basinger went through his PowerPoint presentation giving the recap of the July 22, 2010 public meeting on the Neighborhood Center District Zone; and explained the process to address the issues at hand: Issue #1 Nonconforming Uses would be a code text amendment; Issue #2 Setbacks and Parking would be a comp plan change; Issue #3 is the one -way vs. two -way street network, which would be a comp plan amendment; Issue #4 District Zone Map would be a comp plan amendment; Issue #5 Permitted Used would be a code text amendment and /or a comp plan amendment; Issue #6 Architectural Standards would be a code text amendment, and it was mentioned that issue will be addressed in whole after all sections of the Subarea plan have been addressed; and Issue #7 conditional use permits, would be a comp plan amendment. Mr. Basinger said they are seeking council direction, and said staff will bring this back at a later meeting as a motion consideration to send to the Planning Commission; and the comp plan changes will be addressed later. There was no council objection to proceed. There was some discussion about a letter from Mr. Hume stating that there are 36 uses no longer allowed and that council would like further information in that regard. There was also mention of Council's desire to change the language enough to make those uses all conforming through the code text amendment, and there appeared to be council consensus to do so. Council Regular Meeting 8 -10 -2010 Page 10 of 11 Approved by Council: 08 -24 -2010 10. Advance A eg nda Councilmember Dempsey mentioned she will not be at the August 31 meeting. Mayor Towey suggested forming an ad hoc committee to study what can be done to help the businesses in Sprague; he said the plan to turn Sprague into a two -way won't happen in the near future, and he is concerned about the businesses and suggested this committee to study the situation to determine what can be done now; he suggested the committee be comprised of one member from the Planning Commission, one member from staff, four citizens, and one Councilmember, and to give the committee a mandate to get some suggestions and ideas. Councilmember Gothmann suggested we get citizens who are involved with businesses. The specific area was discussed and Mayor Towey said he did not want to include the entire six -mile corridor, but perhaps focus on University to Argonne. Councilmember Dempsey suggested extending that to the freeway; and Councilmember Grafos said he is not in favor of such committee as if we do that, we should have similar committees to discuss the Industrial Park, or the businesses on Trent, or those east of Sullivan, and Councilmember Grassel agreed. After discussing the pros and cons of such a committee, at least three councilmembers agreed to have this as an upcoming agenda item for further discussion. The upcoming outside agency presentations was mentioned and that we received applications from eighteen agencies, and it was suggested to split the presentations into two meetings, with social service agencies presenting at one meeting, and the economic development agencies presenting at another. INFORMATION ONLY: The following items were for information only and were not reported or discussed: Wheel Sport Helmets, Library Quarterly Report, Fire Department Quarterly Report, Draft Legislative Agenda, Council 2011 Draft Budget Goals, Community Development Monthly Report. It was moved by Deputy Mayor Schimmels, seconded and adjourned at 9:58 p.m. AT S / �� i. hristine Bainbridge, t1ty Clerk Council Regular Meeting 8 -10 -2010 Approved by Council: 08 -24 -2010 agreed to adjourn. The meeting !=r� t,/ E. Towey, Page 11 of 11 4 ` l August 10, 2010 City of Spokane Valley 11707 E. Sprague Ste 106 Spokane Valley, WA 99206 Honorable Mayor Towey I am opposed to any action that would allow the expansion of nonconforming uses. The City's nonconforming use provisions allow a business activity, which no longer fits the character of the neighborhood, to continue operation until they close or move. The issue of allowing the expansion of nonconforming uses arose because Hite Crane is attempting to establish an industrial use in a neighborhood that is primarily retail and residential. Hite Crane knew before acquiring the proposed site that it was not adequate in size for a crane operation and their business would be a nonconforming use. Although the replacement of one nonconforming use by another is allowed, Hite Crane knew that expansion of a nonconforming use beyond its current site is not authorized under our city code. Hite Crane's request to change the code was heard by the Planning Commission. The Planning Commission recommended to the City Council to deny the request. The City Council voted to reject the Planning Commission's recommendation. The City Council is now positioned to change the city code to permit the expansion of nonconforming uses and create a situation where the entire city may suffer for Hite Crane's choices. Not only will Hite Crane be allowed to expand, but so will any other nonconforming use, in particular the businesses that specialize in 'adult products' or 'adult entertainment'. Currently, wherever these businesses are operating they are nonconforming. While there are many citizens who would have these businesses shut down and not allowed in the city, the Courts have, citing the First Amendment, upheld these businesses' right to operate. Because of their legal right to operate, the City established places, not on our main street, where these businesses could operate. This council is about to give them carte blanche to expand on our main street. The City Council will probably make some lame attempt to mitigate their mistake in allowing the expansion of nonconforming uses by limiting the expansion to certain zones or requiring a conditional use permit, but neither of these actions can or will stop the expansion of operations offering adult products or adult entrainment. The 'adult entainment' industry has a history of being extremely litigious and willing to make their case in the courts. The impact of the 'adult entertainent' establishments on local neighborhoods and business decisions should not be underestimated. As an example, a Porsche dealership wanted to establish in auto -row but chose to go to another site in a different City because of the proximity of an 'adult entertainment' establishment to the auto -row site. r °L. 0 The City Council should not help Hite Crane by opening the door to the expansion of those businesses we would seek to control. The City Council needs to reject any action that would allow the expansion of nonconforming uses. John G. Carroll 1207 S. Rotchford Drive Spokane Valley, WA 99037 509 - 927 -9735 0 Comp Plan Description 2.5.6 Industrial Designations Providing for industrial land is important for the economic health of Spokane Valley. Industrial businesses help drive the local economy and create an economic multiplier effect throughout the region. Providing an adequate supply of usable land with minimal environmental constraints and infrastructure in place helps ensure that Spokane Valley will be an attractive place for industrial businesses to locate and prosper. (See Chapter 7, Economic Development, for additional policies that encourage recruitment and retention of industrial business.). Heavy Industry Heavy industry is characterized by intense industrial activities which include, but are not limited to, manufacturing, processing, fabrication, assembly /disassembly, freight - handling and similar operations. Heavy industry may have significant noise, odor or aesthetic impacts to surrounding areas. [Emphasis added. WG] Commercial, residential and most recreational uses should not be allowed in areas designated for heavy industry, except for small -scale ancillary uses serving the industrial area. The conversion of designated industrial lands to other uses should be limited. Limiting incompatible uses ensures a competitive advantage in business recruitment by providing adequate industrial land supply, reducing land use conflicts and preventing inflation of land prices. Moreover, allowing a wide variety of commercial, retail and other uses in the Industrial areas would be in conflict with other portions of this Plan related to concentrating major commercial growth in nodes at the intersection of major streets. Light Industry The Light Industry designation is a planned industrial area with special emphasis and attention given to aesthetics, landscaping, and internal and community compatibility. Uses may include high technology and other low- impact industries. Light Industry areas may incorporate office and commercial uses as ancillary uses within an overall plan for the industrial area. Non - industrial uses should be limited and in the majority of cases be associated with permitted industrial uses. The Light Industry category may serve as a transitional category between heavy industrial areas and other less intensive land use categories. The category may also serve as a visual buffer for heavy industrial areas adjacent to aesthetic corridors. Bill Gothmann Aug. 9, 2010 2002 NAICS to 1997 2002 NAICS to 1997Economic Bridge Between 1997 NAICS NAICS 1987 SIC Census and SIC 2002 NAICS 1997 NAICS 1987 SIC Corresponding Index Entries 238990 235990 1799 JArtificial turf installation [238990 [235710 1.771 Asphalt coating and sealing, residential and commercial parking lot and driveway 238990 235710 1771 JAsphalting, residential and commercial driveway and parking area 238990 235990 1.799 jBillboard erection 238990 235710 1771 IBlacktop work, residential and commercial driveway and parking area 238990 235990 1799 JBoat lift installation 238990 235710 1771 JBrick driveway contractors 238990 235710 1771 113rick paver (e.g., driveways, patios, sidewalks) installation 238990 235990 1799 Cable splicing (except electrical or fiber optic) 238990 235990 1799 IChain link fence installation 238990 561720 1799 ICleaning building interiors during and immediately after construction 238990 561720 1799 lCleaning new building interiors immediately after construction 238990 235710 1.771 JConcrete patio construction [238990 [235710 [1771 Concrete paving, residential and commercial driveway and parking area 238990 235990 1799 lConcrete sawing and drilling (except demolition) [238990 [235990 [1799 Cnstruction elevator (i.e., temporary use during construction) erection dism 238990 235990 1799 lConstruction site cleanup contractors 238990 234990 7353 JCrane rental with operator 238990 235710 1771 Culvert, concrete, residential and commercial paved area F 238990 [235710 1.771 Curb and gutter construction, residential and commercial driveway and parking are 238990 235710 1771 jDriveway paving or sealing 238990 235990 1799 Fence installation (except electronic containment fencing for pets) 238990 235990 1799 IFencing contractors (except electronic containment fencing for pets) 238990 235990 1799 IFlagpole installation F238990 F 5990 [1799 House moving (i.e., raising from one site, moving, and placing on a new foundatio 238990 235710 1771 Iffiterlocking brick and block installation 238990 235990 1799 IMail box units, outdoor, multiple box -type, erection 238990 235990 1799 IManufactured (mobile) home setup and tie down F238990 235710 1771 IParking lot paving and sealing 238990 235710 1771 IPatio construction 238990 235710 1771 IPaver, brick (e.g., driveway, patio, sidewalk), installation F 238990 235710 1771 Paving, residential and commercial driveway and parking lot 238990 235990 1799 IPlayground equipment installation 238990 235990 1799 Pole (e.g., telephone) removal 238990 235990 1799 Posthole digging 238990 235990 1799 Radon gas alleviation contractors 238990 235990 1799 Isafety net system, erecting and dismantling at construction site 238990 235990 1799 ISandblasting, building exterior 238990 235990 1799 Scaffold erecting and dismantling 238990 235990 1799 IShoring, construction 238990 235710 1771 ISidewalk construction, residential and commercial 238990 235990 1799 ISign (except on highways, streets, bridges and tunnels) erection 238990 235990 1799 Sign, building, erection 238990 235990 1799 IStatue erection 238990 235990 1799 ISteeplejack work 238990 235710 1771 IStreet, interlocking brick (i.e., not mortared), installation 238990 235990 1799 ISwimming pool screen enclosure construction 238990 235990 1799 Swimming pool, outdoor, construction 238990 235990 1799 Tank lining contractors 238990 235990 1799 ITurf, artificial, installation 238990 235990 1799 lunderpinning, construction Bill Gothmann 8 -9 -2010 IA7 l Agen Ce n e . oc Agreement Exhibits EXHIBIT I Sheriffs Office - 2010 Commissioned Officer Worksheet Total Commissioned FTE: 236.00 Total included in Commissioned Officer Charge: 217.67 Excludes those allocated along with administrative costs and those that are County responsibility. City 2010 Final CCM 06 -30 -10 (4) Category 2 Shared Services Investigative/ Community Services /K -9 Major Crimes Captain Lieutenant __ 1 Sergeant Detectives 5 Crimes 5.84 Property Crimes TF Category 1 Sergeant Other Cost Recovery Method Detectives Dedicated FTEs Deputies ;� — 3 Note: "Unincorporated" here includes small cities. 2 Lieutenant _ 1.00 Unincorp Valley Medical Lk Deer Park Total Admin Deputies 2.25 Gang Enforcement Chief /Inspector Sergeant 1.00 Detective /Corp Sergeant Deputies 1.00 Total Investigative Lieutenant 0.25 0.75 1 Patrol Marine /Search Rescue Deputies Captain 1 — Deputies Lieutenant 2 ! 2 :, 45.67 4 Sergeant 7 ' 6 - --- ._- _ -_ --- 13 Detective /Corp. — 4 6 10 Deputies 52_ 44 - 5 - _- _ __ 2 ! 103 Traffic /CVEO - - - -- ... - -- - -_— - - - - -_- - - Sergeant _ -.._ 1 -- -- 1 Detective /Corp. — - _ - 2 ! 1 _ _ -, .,- . 3 Deputies _ .-_7 5 _- -_- -_ - --- 12 Property Crimes Sergeant - - - -- 1 '- - - - - -- - -- - 1 Detective /Corp. 3 I _ _ 6 ;. _ . ... _ _ -.._ _ -- -..- -- 9 Community Services Deputy -- - - 1 _.... — -- - - 2 Domestic Violence Detective /Corp. 1 Deputy _ — -- - - - - -� - - 1 SRO Deputies 3 ;._ _..__ _ r4. 1 8 Total Dedicated FTEs 83.25 80.75 5 3 172 Dedicated FTEs excluding SROs 80.25 76.75 5 2 164 City 2010 Final CCM 06 -30 -10 (4) Category 2 Shared Services Investigative/ Community Services /K -9 Major Crimes Captain Lieutenant __ 1 Sergeant Detectives 5 Crimes 5.84 Property Crimes TF Sergeant Other Cost Recovery Method Detectives 4 Deputies ;� — 3 ISU /CIU/DEC /JTTF/Meth % /DTF % 2 Lieutenant _ 1.00 Sergeant _ _ _ 1.00 Detectives 6.83 Deputies 2.25 Gang Enforcement _ Sergeant 1.00 Detective /Corp 2.00_ Deputies 1.00 Total Investigative 37.92 Intellelligence Led Policing Deputies -, 1 Marine /Search Rescue Deputies 1.75 K -9 Deputies _ _ 5 Total Investigative /Support Sery 45.67 Comm Officer Worksheet Category 3 Allocated with Other Cost Recovery Method Administrative Costs Command Staff - — Undersheriffs 2 PIO Sergeant _ 1 Training /OPS _ Lieutenant 2_ Sergeant 1 Deputies 2 Total Administrative 8 Category 4 County Responsibility/ Other Cost Recovery Method Civil Lieutenant Deputies 3 Marine Patrol Deputy _ _ _ 0.25 DEA _ Detective /Corp _ — 1 DTF Detective /Corp 1.50 Deputies 0.75 Sex Off. Res. Verif. Detective /Corp 0.16 Sex Off. Res. Verif. SA03 Detective /Corp 1.00 WA Meth Grant Detective /Corp _ _ 0.67 Child Sex Pred Grant Deputy 1 Admin Sheriff Total Coun /Other 10.33 g Exhibit 1 Services The COUNTY will provide law enforcement services consisting of the following: Category 1— Dedicated FTE's • Valley Police Administration • Patrol • Traffic Investigation • Property Crimes • Community Services • Domestic Violence Unit • School Resource Officer Category 2 — Shared Services Investigative /Community Services/K -9 • Major Crimes • Sex Crimes • Property Crimes Task Force • Investigative Support Unit • Criminal Intelligence Unit • Drug Endangered Children Detective • Joint Terrorism Task Force • Meth Detective • Drug Task Force • Gang Enforcement • Intelligence LED Policing • Marine /Search and Rescue • K -9 Category 3 — Allocated with Administrative Costs • Administration - Undersheriff and Staff • Public Information Officer • Office of Professional Standards and Training Category 4 — County Responsibility or Other Cost Recovery Method • Civil Process • Marine Patrol Grant • DEA Grant • Drug Task Force Grant • Sex Offender Registration • Sex Offender Residency Verification Grant • WA Meth Grant • Child Sex Predator Grant • Sheriff °I Law Enforcement Services Allocated by Various Basis • SCOPE /SIRT • Radio Dispatch • Helicopter • Forensics • Crime Check • Records Management • Property Room • Explosive Disposal • Communications Law Enforcement Services included in the Per Commissioned Officer Rate • LEIS • Crime Analysis Unit • Garage • Firing Range • Fleet • SWAT/Hostage Negotiation • Extra Duty Employment • Reservist and Explorer Units • Countywide Indirect Costs — OMB A -87 • Annual Changes in Accrued Leave HIBIT 2 I-V)L 4. r< Spokane County Sheriffs Office Law Enforcement Cost Allocation Model Summary of Client Charges Based on 2008 Actuals Summary - Budget Other Allocations Spokane Spokane Valley Deer Park Millwood Spangle Rockford Airway Heights Fairfield Liberty Lake Medical Lake Latah Waverly Cheney Fairchild AFB Unincorporated County Total Type of Allocation: Actual Total Other Charge Allocations for 2008 1,562,405 1,562,405 2,189,664 2,189,664 112,040 112,040 60,011 60,011 4,036 4,036 10,615 10,615 68,715 68,715 7,543 7,543 73,889 73,889 43,760 43,760 2,280 2,280 1,648 1,648 15,213 15,213 3,073 3,073 3,231,984 3,231,984 7,386,876 7,386,876 County Responsibility/Other Cost Recovery - 41,541,344 41,541,344 Total Costs Net of Revenues - 48,928,220 48,928,220 Commissioned Officer Rate 125,295 City 2010 Final CCM 06 -30 -10 (4) 2008 Actuals to 2010 w Multplrs Other Allocations 3.25 1.250% BUDGET 3.25% 1.250% BUDGET 2009 2009 2009 2010 2010 2010 COLA MULTIPLIER CONTRACT COLA MULTIPLIER CONTRACT 50,778 20,165 1,633,348 53,084 21,080 1,707,512 71,164 28,260 2,289,088 74,395 29,544 2,393,027 3,641 1,446 117,127 3,807 1,512 122,446 1,950 775 62,736 2,039 810 65,585 131 52 4,219 137 54 4,410 345 137 11,097 361 143 11,601 2,233 887 71,835 2,335 927 75,097 245 97 7,885 256 102 8,243 2,401 954 77,244 2,510 997 80,751 1,422 565 45,747 1,487 590 47,824 74 .29 2,383 77 31 2,491 54 21 1,723 56 22 1,801 494 196 15,903 517 205 16,625 100 40 3,213 104 41 3,358 105,039 41,713 3,378,736 109,809 43,607 3,532,152 240,073 95,337 7,722,286 250,974 99,666 8,072,926 1,350,094 536,143 43,427,581 1,411,396 560,487 45,399,464 1,590,167 631,480 51,149,867 1,662,371 660,153 53,472,391 4,072 1,617 130,984 4,257 1,691 136,932 City 2010 Final CCM 06 -30 -10 (4) 2008 Actuals to 2010 w Multplrs Sheriffs Office - 2010 Commissioned Officer Worksheet Total Commissioned FTE: 236.00 Total included in Commissioned Officer Charge: 217.67 Excludes those allocated along with administrative costs and those that are County responsibility. Category 2 Category 1 Shared Services 4 Dedicated FTEs _3 Note: "Unincorporated" here includes small cities. DEA Major Crimes 1.00 Unincorp Valley Medical Lk Deer Park Total Admin Sergeant 1 Detectives Chief /Inspector - -- - Sergeant Sergeant -- - -- - 1 Lieutenant L 0.25 i . _ ! _ _ - _ - 1 Patrol — Detective /Corp — 1.00 Captain 1 T -..._. 1 Lieutenant 2 : 2 4 Sergeant 6 13 Detective /Corp. - - _ 4 _� - -- -- - - - - - -- - _6 10 Deputies ' 44 5 I -- -. - -. 2 : 103 Traffic /CVEO Sergeant _. 1 _ 1 Detective /Corp. 2 I — 7_!, 1 3 Deputies _.! 5 12 Property Crimes -- Y Sergeant r 1 1 Detective /Corp. 31 ._ _ _ 6 - I 9 Community Services -- -; - Deputy i 1 , - - -- —� 2 Domestic Violence Detective /Corp. - - 1� Deputy SRO Deputies _3 Total Dedicated FTEs 83.25 80.75 5 3 172 Dedicated FTEs excluding SROs 80.25 76.75 5 2 164 Category 2 1 Shared Services 4 Investigative/ _3 Community Services /K -9 DEA Major Crimes 1.00 Captain 1. Lieutenant 1 Sergeant 1 Detectives 5 Sex Crimes Deputies Sergeant Detectives —5-84 Property Crimes TF Sergeant 1 Detectives 4 Deputies _3 ISU /CIU /DEC /JTTF/Meth % /DTF % DEA Lieutenant _ 1.00 Sergeant _ 1. Detectives 6.83 Deputies 2.25 Gang Enforcement Sergeant 1.00 Detective /Corp 2. 00 Deputies 1.00 Total Investigative 37.92 Intellelligence Led Policing Deputies 1 Marine /Search Rescue Deputies 1.75 V S Sery 45.67 Category 3 Allocated with Administrative Costs Staff Administrative _ . �- -- -_2 I 47 1 Category 4 County Responsibility/ Other Cost Recovery Method Deputies 3 10.33 City 2010 Final CCM 06 -30 -10 (4) Comm Officer Worksheet Marine Patrol Deputy - _0.25 DEA _ - Detective /Corp DTF -- -- Detective /Corp 1.50 Deputies 0.75 Sex Off. Res. Verif. - Detective /Corp Sex Off. Off. Res. Verif. SA03 Detective /Corp — 1.00 WA Meth Grant _ Detective /Corp Child Sex Pred Grant Deputy 1 Admin Sheriff 10.33 City 2010 Final CCM 06 -30 -10 (4) Comm Officer Worksheet Spokane County Sheriffs Office 1 10,824 1 Type of Allocation: Law Enforcement Cost Allocation Model _ 25,563 93.8% 11.25 11.25 A;87 g] Allocation of Commissioned Officers Between Unincorporated and Small Cities 1.0% Based on 2008 Actuals Rockford 499 1.8% 0.22 Fairfield % of Regular 0.27 Population Total Officers Unincorp. Unincorporated - District 8 i 11,066 86.9% 5.22 5.22 Millwood 1,665 13.1% 0.78 Total District 8 12,731 i 6.00 I Unincorporated - District 10 Unincorporated - District 11 1 10,824 1 Total Unincorporated -Dist 10 & 11 _ 25,563 93.8% 11.25 11.25 Spangle 275 1.0% 0.12 Rockford 499 1.8% 0.22 Fairfield 603 2.2% 0.27 Latah 194 0.7% 0.09 Waverly 1271 0.5% 0.06 Total Districts 10 and 11 27,261 100.0 %' 12.00 Unincorporated - Districts 8,10,11 Unincorporated - other than Dist. 8,10,11 Total Unincorporated without small cities Population numbers used 2008 statistics 16.4 / 62.25 78.72 City 2010 Final CCM 06 -30 -10 (4) Small Cities City 2010 Final CCM 06 -30 -10 (4) 2010 Comm Officer Summary Spokane County Sheriffs Office a of Allocation: Law Enforcement Cost Allocation Model 1111111111101111FA -8741111111111 Commissioned Officer Summary :Ty Based on 2008 Actuals Commissioned Officers Dedicated to Local Jurisdictions Spokane Valley Deer Park Millwood Span le Rockford Airway Heights Fairfield Liberty Lake Medical Lake Latah - Waverly Cheney Fairchild AFB Unincorporate d County Total Costs Commissioned Officer Rate Total FTE Dedicated FTEs excluding SROs 76.75 2.00 0.78 0.12 0.22 0.27 5.00 0.09 0.06 78.72 164.00 School Resource Officers 4.00 1 1.00 1 1 1 1 3.00 , 8.00 Total Dedicated FTEs 80.75 1 3.00 0.78 0.12 0.22 0.27 5.00 0.09 0.06 81.72 172.00 Category 2 _ 49 41x 2,515 349.51 _ ,_2.03 103,096.44 __3$132.96 :_ 0.75 _ 0.09 _4,734.80 _ _0 87 44 344.20 _ -,x_0 - 08 4 072.95 _ , 2.00) 101,823.65 0.04 1 - 2 - . 240.12 - 1 1__0.02 i_ - Statistic: Avg RMS & Cases _ 46.70 2 377 429.38 - :101.989 Total Investigative Dollars - 1 221.88 ' :x . 5,192,445.87 . 136 , 93Y x37.92 K -9 Statistic: K -9 26.00 31.00 1.00 4.00 2.00 5.00 1.00 -2.00 1.00 ' : 3,782.00 Total K -9 Dollars 4,706.80 5 611.95 - 181.03 724.12 362.06 905.15 181.03 - 362.06 r 181.03 ':.. 206 193.92 684,657.95 136,932 5.00 U2,570.00 Intellelligence Led Policing Dedicated FTEs excluding SROs 2.00 0.78 0.12 0.22 0.27 5.00 0.09 0.06 78.72 164.00 Total Community FTEs 4,592.22 1.801.75 277.95 504.35 609.47 - 11,480.54 196.08 128.36 - - 180 744.78 376,561.87 136,932 2.75 Total Investigative/K -9 /Community Services Costs 3,156,824.66 112,398.46 45,547.44 5,012.87 45,029.80 724.12 5,044.74 905.15 113,490.22 2,436.29 1,350.30 362.06 181.03 2,764,449.80 217.67 Statistics for Avg RMS & Cases and K -9 from 2008 Actuals Estimated Medical Lake City 2010 Final CCM 06 -30 -10 (4) 2010 Comm Officer Summary e Spokane County Sheriffs Office Type of Allocation: Law Enforcement Cost Allocation Model A•87 Commissioned Officer Rate and Allocation 0 Based on 2008 Actuals 2010 Allocation of Commissioned Officer Charge Dedicated Investigative School SRO Total Dedicated Commissioned Community Sery Resource SRO Contract Net SRO i Commissioned Officers Officer Charge K -9 Charge Officers Charge Revenue Charge Officer Charge: Spokane I Spokane Valley 76.75 10,509,499 3,156,825 4.00 547,726 67,056 480,670 14,146,995 Deer Park 2.00 273,863 112,398 1.00 136,932 16,764 120,168 506,429 Millwood 0.78 107,450 45,547 - - 152,997 Spangle 0.12 16,576 5,013 - - 21,589 Rockford 0.22 30,078 45,030 - 75,107 Airway Heights - - 724 724 Fairfield 0.27 36,346 5,045 41,391 Liberty Lake - - 905 905 Medical Lake 5.00 684,658 113,490 i 798,148 Latah 0.09 11,694 2,436 14,130 Waverly 0.06 7,655 1,350 9,005 Cheney - - 362 362 Fairchild AFB - 181 - - 181 Unincorporated County 78.72 10,778,962 2,764,450 3.00 410,795 50,292 360,503 13,903,914 Total All Jurisdictions 164.00 22,456,781 6,253,757 8.00 1,095,453 134,112 961,341 i 29,671,878 Commissioned Officer Rate Total Commissioned Officers Serving Local Jurisdictions 217.67 2008 Actuals for Commissioned Officer Rate with Multipliers 136,932 City 2010 Final CCM 06 -30 -10 (4) 2010 Commissioned Officer Alloc City 2010 Final CCM 06 -30 -10 (4) 2008 Settle and Adjust Spokane County Sheriffs Office Law Enforcement Cost Allocation Model Summary of Client Charges Based on 2008 Actuals Actual Settle and Commissioned 'Total Adjust Officer Other Charge PAID 2010 Charge Allocations for 2008 2008 CONTRACT 1 ,562,405 15 ,207,683 - - 582,681 203,154 24,149 83,944 69,377 45,505 74,717 43,925 15,340 ' 9,947 15,545 3,238 Spokane - 1,562,405 Spokane Valley 13,018,019 2,189,664 Deer Park 470,641 112,040 Millwood 143,142 60,011 Spangle 20,113 4,036 Rockford 73,329 10,615 Airway Heights 663 68,715 Fairfield 37,962 7,543 Liberty Lake 828 73,889 Medical Lake 166 43,760 Latah 13,060 2,280 Waverly 8,299 1,648 Cheney 331 15,213 Fairchild AFB 166 3,073 City 2010 Final CCM 06 -30 -10 (4) 2008 Settle and Adjust Spokane County Sheriff's Office Law Enforcement Cost Allocation Model Summary of Client Charges Based on 2008 Actuals Summary - Charges to Clients Spokane Spokane Valley Deer Park Millwood Spangle Rockford Airway Heights Fairfield Liberty Lake Medical Lake Latah Waverly Cheney Fairchild AFB Type of Allocation: A -87 Commissioned Total Officer Other Contract Budget Charge Allocations for 2010 - 1,707,512 1,707,512 14,146,995 2,393,027 16,540,021 506,429 122,446 628,875 152,997 65,585 218,583 21,589 4,410 25,999 75,107 11,601 86,708 724 75,097 75,821 41,391 8,243 49,634 905 80,751 81,656 798,148 47,824 , 845,972 14,130 2,491 16,621 9,005 1,801 10,807 362 16,625 16,988 181 3,358 3,539 2008 Settle & Adjust Total Monthly Carry Forward Contract Budget Billing 2010 Including Carry Forward 2010 - 1,707,512 - 16,540,021 1,378,335 - 628,875 - 218,583 - 25,999 - 86,708 - 75,821 - 49,634 - 81,656 - 845,972 - 16,621 - 10,807 - 16,988 - 3,539 City 2010 Final CCM 06 -30 -10 (4) Total Budgetfor.2010