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2010, 09-28 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, September 28, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Rose Dempsey, Councilmember Neil Kersten, Public Works Director Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Kathy McClung, Community Development Dir. Brenda Grassel, Councilmember Mike Stone, Parks & Recreation Director Bob McCaslin, Councilmember Lori Barlow, Associate Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Mr. Jack Dempsey 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: reported that he attended the Chamber Breakfast and art auction; attended a SNAP retreat where an analysis of essential services they provide was discussed, and that their bid on a Center was accepted which means they will be engaging in an $800,000 fundraising campaign; attended two 911 -Board meetings, one on the budget and one regarding service calls; he participated in the staff /council tour of our city; also went to the Spokane Regional Health Department meeting and said they discussed supporting a resolution to encourage restricting the sale and distribution of electronic cigarettes to minors; went to the Senior Potluck at CenterPlace in recognition of their fifth anniversary; and participated in the Valleyfest Parade and Valleyfest. Councilmember Dempser. said she attended the installation and dedication of the Hite Crane building sign; went to an Arts Council event; attended a wastewater meeting and said she will have a short presentation coming up in the near future; participated in the staff/council city tour and since time only permitted them to see about one -third of the items on the list, she hopes another tour will be conducted in the future; attended the Board of Health meeting; and said she participated in the Valleyfest Parade. Councilmember Grafos: said he participated in Valleyfest; went on the city tour; attended the STA (Spokane Transit Authority) board meeting last week where they discussed anticipated reductions in bus services for the next two years; attended the Hite Crane dedication ceremony; and expressed appreciation to Councilmembers Gothmann and Grassel, and to Acting City Attorney Driskell for their work on finding a solution to the panhandling problem. Council Regular Meeting 9 -28 -2010 Page 1 of 9 Approved by Council: 10 -12 -10 Deputy Mayor Schimmels: on behalf of the Mayor, said he attended the Candlelighters ceremony at Mission Park concerning child cancer, and presented the group with a City Proclamation; attended the Solid Waste Advisory Committee meeting; attended the City tour and the STA Meeting. Councilmember Grassel said she participated in the Valleyfest parade and the city tour and said she appreciated Councilmember Dempsey's idea as it was a good opportunity to get more familiar with various locations; and said she appreciated council's supporting the panhandling idea; went to the convening of the Spokane River Dissolved Oxygen TMDL (total maximum daily load) Implementation Advisory Committee and said she feels it important to have a voice at the table, and the EPA (Environmental Protection Agency) approved our high standard for phosphorous and said this advisory committee is to help discuss a trading program they would like to implement, and said there will be a river clean up in the Valley October 2. Councilmember McCaslin: said he also went to the dedication of the Hite Crane company, and commended Mr. Hite for improving that property; said he met with Ben Small, Superintendent of Central Valley School District where they discussed the upcoming bond issue, which he said is important to the Valley as the schools are overcrowded and short on space. MAYOR'S REPORT: Mayor Towey said he attended Valleyfest and he commended Peggy Doering and her staff for a great job; he extended birthday wishes to Councilmember Gothmann; and then read a letter from the President of the Washington Municipal Clerks Association extending congratulations to City Clerk Bainbridge for achieving her Master Municipal Clerk designation; and City Manager Jackson also extended his congratulations and presented Ms. Bainbridge with a plaque from the International Institute of Municipal Clerks recognizing her achieving the Master Municipal Clerk designation. PUBLIC COMMENTS: Mayor Towey invited general public comments. Gary Hite, Hite Crane he thanked Council for the opportunity to speak; said that when a move is forced upon you after forty years of thinking you're doing the right things and providing for loyal employees; he said he wanted to tell people not to give up but rather to focus on the positive side and positive people will become involved; and he thanked members of council and staff for attending his company's dedication. 1. PUBLIC HEARING: 2011 Budget — Ken Thompson Mayor Towey opened the public hearing at 6:21 p.m. Finance Director Thompson explained that this is the third and last public hearing on the proposed budget, and went over the information provided at the previous hearings: that our total budget is down from 2010 and the property tax levy is down about $100,000; and that revenues are down and expenses have been lowered; and he mentioned some proposed changes in the general fund include eliminating vacant positions from the budget, adding broadcasting of council meetings, and said departments will save 3% in 2010, which equates to a savings of approximately $1 million. PUBLIC COMMENTS: Arne Woodward, 2511 S Best Road, 99037: said the last time he spoke he mentioned a 3.8% tax on real property coming in 2014, but said it is in the health bill under the Medicare provision, that 3.8% starts in 2013 but may or may not affect every piece of real estate; he said as of mid -day today, there were 265 closed sales in Spokane County and said they expect it could be 310 by Thursday which is about 44 lower than last month; he said this effects sales because if people are not buying homes, they are not buying other things such as appliances or making improvements to their home; and said if there is no demand for homes, prices will likely drop which will affect the revenues in the amount of taxes for this city; he also mentioned the policy for snow removal and said he feels there could be savings if we did not do the cleaning as often; he also suggested council look at the reason we budget $159,000 for the social services Council Regular Meeting 9 -28 -2010 Page 2 of 9 Approved by Council: 10 -12 -10 agencies and what the function of this city is concerning those issues. There were no further public comments and Mayor Towey closed the public hearing at 6:41 p.m. 2. 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 9/03/2010 20976 $43,311.28 9/10/2010 20984 —20986 $3,491.19 9/10/2010 20987 —21011;903100004,903100020 $446,002.29 9/10/2010 21012 —21032 $60,961.78 9/13/2010 3282 —3301;21033 $158,928.60 9/17/2010 21064 —21090 $63,848.66 GRAND TOTAL $776,543.80 b. Approval of Payroll for Period Ending September 15, 2010: $247,885.06 c. Approval of Formal Format Council Meeting Minutes of August 24, 2010 d. Approval of Study Session Format Council Meeting Minutes of September 7, 2010 e. Approval of Resolution 10 -016, Greenacres Neighborhood Park Development, Phase I It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 3. Second Reading Proposed Ordinance, Code Text Amendment (Gateway Commercial Avenue and Gateway Commercial Center Zones) — Lori Barlow After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve the ordinance amending the Sprague and Appleway Corridor Subarea Plan, Book II Development Regulations, Sections 2.01, 2.1.5, 2.1.6, 2.2.2(fl, 2.61(2)(7), and 2.62(6), Gateway Commercial Avenue and Gateway Commercial Center Zones. Associate Planner Barlow said as noted previously, this is for a batch of code text amendments, which were the outcome of the review process directed by Council months ago to review the Subarea Plan on a zone -by -zone basis; and this item was twice previously before council; and during the September 14 discussion, staff was directed by council to modify the ordinance to eliminate the language regarding wall sign location and she said this ordinance contains that change. Councilmember Gothmann asked about certain parts of the city having the designation of "aesthetic corridors" and that one was the south side of Appleway; and he asked if that designation regulation would apply on the south side of Appleway or would this apply as they are not in agreement. Planner Barlow said that she would have to research to determine if the south side of Appleway is regulated by the aesthetic corridor; but once the Sprague / Appleway Corridor Plan was adopted, that Plan became the regulatory body so even if it were previously regulated by the aesthetic corridor, it no longer would be as the Subarea Plan would be the regulator. Councilmember Grassel asked about the language in section 2.1.5, and said she recalled that in hearing from businesses in Auto Row or the Gateway area, that they did not want that language in there as they didn't want it restricted to auto sales; and said she recalled that Auto Zone came that day and said they were changing their name to Gateway as they didn't want to be seen as only wanting auto businesses; and said the whole point was to allow more uses; and said they are once again restricted to just auto related industries; and further she said that on page three, it still has the full service restaurant as restricted use; and said she thought that was going to be allowed. Planner Barlow said when we went through the process, we heard as a general comment from the property owners that they would like to see more uses included within that area; and when the comments were reviewed to determine what changes could be Council Regular Meeting 9 -28 -2010 Page 3 of 9 Approved by Council: 10 -12 -10 made by a code text amendment or what required the comp plan amendment process, it was determined we could minimally allow office uses as worded in the ordinance, which were considered to be supportive of auto - related uses as those uses would be consistent with the goals and policies of the comprehensive plan; so we proposed adding those uses recognizing that Council wanted to look later at adding more uses, but the goals and policies limited the uses proposed; and she said that is on the docket and it will be addressed October 5 when Director McClung discusses this issue and related options. Regarding the question about the restaurant, Ms. Barlow said that was not proposed as part of any of the proposed changes for these code text amendments but was a previous code text amendment in the mixed -use avenue zoning district. Councilmember Grassel said she recalls that change for the restaurants was specifically requested by Gateway and sent by Bonnie Quinn's group, and said that group was shocked to learn that only fast foods were allowed and not restaurants; and Councilmember Grassel asked if tonight then would be the appropriate time to ask to include that as a code text amendment. Ms. Barlow said she would feel more comfortable to look at the goals and policies as it specifically relates to full service restaurants; and if Councilmember Grassel wanted to stop the process now to consider full service restaurants, because that use wasn't contemplated in the review, which includes a review before the Planning Commission, an environmental review, etc., she said we might have to determine if this needs to be before the Planning Commission for a recommendation, or if even such change would warrant an additional public hearing. Councilmember Grassel that she feels it should be included, it doesn't have to fall into the deadline, but to perhaps to include that for staff's review. Ms. Barlow said that staff can make a note of that, and mentioned that there are additional code text amendments working through the process, also stemming from the additional zone review within the Subarea Plan, and staff can consider that as well to determine if that can be a code text amendment; which would likely not be the next batch coming through, but more likely the one after that, likely during November. Mayor Towey invited public comments; no comments were offered. Councilmember Dempsey said she would like to make a case again for the standard increasing the allowed area for wall signs up to 25 %; and the section taking away the restriction for which floor the wall signs are allowed; she said in her travels, outside every military base is what is referred to as "the strip," and it is a place where businesses have grown up hodgepodge, with big signs, and said it is very aesthetically unpleasant; she said she realizes the SARP plan was to give a more pleasing passage through Sprague and Appleway; and suggested a limitation be placed of 25% of that floor's wall space rather than allowing a business to put 25% of the entire business, or the entire wall, as a sign; and said she feels such a large sign would be obstructive and not aesthetically pleasing. It was then moved by Councilmember Dempsey and seconded to limit the percentage of wall space that a sign can occupy, to the space of one floor's worth of wall; and to add the limitation of 25% of one floor's wall space. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation to amend the motion: In Favor: Councilmembers Dempsey and Gothmann. Opposed: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, and Grafos. Abstentions: None. Motion failed. Vote on the initial motion to approve the ordinance: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Second Reading Proposed Ordinance, Adopting 2011 Property Tax Levy — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt the ordinance to levy City property taxes in 2011. Finance Director Thompson said this is the second reading of the ordinance which will levy the property taxes for 2011, which decreases the property tax by almost $100,000, and will give us a rate of about $1.51 to $1.54, and said we should know that exact amount after the County and the State agree on what that assessed value will be, likely in January. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Regular Meeting 9 -28 -2010 Page 4 of 9 Approved by Council: 10 -12 -10 5. Second Reading Proposed Ordinance, Property Tax Confirmation — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt the ordinance reducing the 2011 property tax levy by $99,500. Finance Director Thompson noted that this ordinance confirms the City's desire to decrease the property tax levy, as per state statute. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Second Reading Proposed Ordinance, Pre - Treatment — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve the ordinance adopting Spokane County Code 8.03A by reference as this City's wastewater pretreatment code. Acting City Attorney Driskell explained that as noted previously, since we don't provide our own sewer treatment, and the City of Spokane handles a small service area in Yardley, and that city advised us we need to adopt a sewer pre- treatment standard and that we recommend to keep the standard uniform by adopting the code of Spokane County; and mentioned that the accompanying interlocal agreement is coming up later on tonight's agenda. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Abstentions: None. Motion carried. 7. First Reading Proposed Ordinance to Adopt 2011 Budget — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved Deputy Mayor Schimmels and seconded to advance the ordinance adopting the 2011 budget to a second reading. Finance Director Thompson said this is the ordinance which will adopt the 2011 budget; and a second reading is scheduled for October 12, adding that a new fund is proposed to appropriate $500,000 for street capital improvements. Mayor Towey invited public comment; no comments were offered. It was moved by Councilmember Grafos and seconded to amend the city budget by freezing the 2.5% cost of living increase scheduled to be paid to all non -union employees in January 2011 for a period of one year. Councilmember Dempsey asked Mr. Jackson for the number of non -union employees and how much we would save by this action; and Mr. Jackson responded that about 22% of staff are non - union, and would represent about 34% of the payroll for an approximate $40,000 to $50,000 savings. Councilmember Dempsey said she feels this is breaking faith with the employees; that the employees serve in good faith and they should be treated in good faith, and that all employees have always been treated the same, whether in or out of the union, and said to make second class citizens of the nonunion employees is a travesty. Councilmember Grafos said he feels they have an obligation to the taxpayers first and it is a question of fairness to the taxpayers; that tax revenues from 2007 to the projected revenues for 2011 shows a decrease of $3.6 million. Councilmember Dempsey said the "sky is not falling" and that last week Mr. Thompson told us we would have a surplus at the end of the year, and she asked for specifics from Mr. Thompson, who responded we would have about $10 million in surplus by 2014 and that we have about 23 to 24 million now. Councilmember Grafos countered that we would "dig into reserves about $2.5 million a year starting next year;" he said he is not asking to lay off employees or to give up what they have, but said if we delay this for one year, it will enable council to look at the budget and see where we are heading, that he feels that is fair; and said he feels the average salary of our employees, including benefits is approximately $21 or $22,000 higher than the average in this city. Councilmember Dempsey said that isn't the point; that the staff was told they were going to get this, have been counting on this, and there are enough funds to handle this and she suggested that even though this Council didn't grant that increase, if we don't argue the works of the prior council, we would have to make a new city, and a new government; and said if the federal government did this we would be writing a new constitution every two years. Councilmember Grasse] said that we have set aside another $100,000 for this city's share in increases in retirement costs; that the broadcasting of council meetings is also included in this budget at a cost of Council Regular Meeting 9 -28 -2010 Page 5 of 9 Approved by Council: 10 -12 -10 $46,000; and said every time a new expense is voted on without revenue to cover that, a decision will have to be made on where those funds will come from; and said the "citizens are sick and tired, frankly, of public sector getting cost of living raises, getting health benefits they can't, getting exempted from social security, meanwhile they are taking a cut in pay, a loss of overtime, and many of them are losing their jobs" and said she would venture to say council would "get kudos from the community and also the staff would get kudos if they would be willing to sacrifice that cost of living." Councilmember Dempsey said she would not object if it were the entire staff; and Councilmember Grassel said that's how it works for exempt and nonexempt employees. Councilmember Gothmann said he would not object to this if there was a need; that this council set forth in a budget meeting that the budget goal was to maintain $5.6 million in the city's service stabilization fund, and to maintain at least a 15% carryover and said those goals are met in the present budget; he added if the citizens were not happy the year inflation went up 5% but the staff only had a 2.5% raise; and said staff received a 2.5% increase every year and the average cost of living over that seven years was 2.5 %, which balances; he said this city is well equipped to and is meeting budget goals. Councilmember Grafos said there is no inflation; that the employees received a 3% increase already, so we are talking about 5.5% against no inflation; and said he feels it would be a good gesture from this council that we all share where we are in this city and community. Councilmember Dempsey asked Mr. Grafos if he is willing to take a 2.5% decrease in his council pay; he responded he absolutely is; and Councilmember Dempsey said she will too. Mayor Towey invited public comment. Councilmember Dempsey acknowledged that the person about to speak is her husband Jack Dempsey. John Dempsey, 517 N Sargent Road he said you will note that "Sargent "is misspelled, which says something about the Spokane Valley; he said that stating the obvious, the elimination of a COLA is not a pay raise and was never intended as such; he said a cost of living allowance is intended to keep the pay at the same level as the previous year; he said he was informed that the federal government will not give us a COLA this year; he said he has several pensions from them, so what they are doing is lowering his pension amounts. There were no other public comments. Deputy Mayor Schimmels said he would support this if this were introduced early in the year; but this is the ninth month of the budget, and it could be justified and be on the agenda for 2011, but said he does not feel at this point this should be done; he said everyone knew where we were nine months ago; and said he doesn't believe council should change at this point; but would support it next year with reason. Councilmember Grassel said that there are items in the budget that were not in the budget at July; and said the city share retirement cost will increase $100,000 and said she doesn't recall having that information during the July budget retreat; and said we could go slowly and use up the reserves and cut staff in 2014, or act now. Deputy Mayor Schimmels added that the $100,000 is only aimed at one classification of employees, and said he does not feel that is fair. Councilmember Grassel asked that the finance committee ask to re -open those union contracts for the 2012 budget. Vote by Roll Call: In Favor of making an amendment to freeze the 2.5% COLA: Mayor Towey, and Councilmembers Grafos, Grassel and McCaslin. Opposed: Deputy Mayor Schimmels and Councilmembers Gothmann and Dempsey. Motion to amend by freezing the COLA passed. Vote on the amended motion to advance the ordinance to a second reading as amended to freeze the 2.5% cost of living allowance increase scheduled to be paid to all non -union employees in January 2011, for a period of one year: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Towey called for a recess at 7:20 p.m., and reconvened the meeting at 7:33 p.m. 8. Motion Consideration: Fund Allocation to Outside Agencies — Ken Thompson Mr. Thompson explained that tonight council will consider the funding allocations to those nineteen agencies which requested funds; and said the worksheet provided shows the average of what the councilmembers suggested; and said that the council number on the sheet is not associated with the Council Regular Meeting 9 -28 -2010 Page 6 of 9 Approved by Council: 10 -12 -10 council position of each councilor, but is merely the order of the returned worksheets; and he mentioned that the funding amount set aside for total funding distribution is $159,000. Council discussion ensued, with mention that those agencies who did not receive at least three council votes not be funded; and that since we have a contract with SCRAPS of approximately $300,000, they also not be included in the funding allocations. It was moved by Councilmember Dempsey and seconded to adopt Councilmember Gothmann 's suggested recommendation, which is $3,000 for Big Brothers /Big Sisters; $2,500 to Changepoint; $20,000 to Project Access; $5,000 to Spokane Valley Arts Council; $2,000 to the Heritage Museum; $28,000 to Spokane Valley Partners; $7,500 to Meals on Wheels; $18,000 to the Chamber of Commerce; $51, 000 to Greater Spokane, Inc. (GSI); $13,500 to International Trade Alliance (ITA); $4,500 to Global Trade; and $3,500 to the Sports HUB. Councilmember McCaslin said the average is the will of the Council and said he will probably vote no since he accepted the average. Mayor Towey invited public comment; no comments were offered. Councilmember Grassel said for the 2012 budget, she would appreciate the finance committee reviewing all of the line items in the budget and to examine the purpose of outside agency allocations and how to structure that for future budgets. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Grafos, Dempsey and Gothmann. Opposed: Councilmember McCaslin. Abstentions: None. Motion carried. 9. Motion Consideration: Poe Winter Contract — Neil Kersten It was moved by Deputy Mayor Schimmels and seconded to approve the Winter Services Contract to Poe Asphalt, Inc., in the amount of $700,000. Public Works Director explained that this process is in two phases because of the calendar year, with phase one going through the end of December, and phase two starting during the following year's budget. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Motion Consideration: Interlocal, Pre - Treatment — Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to approve the interlocal agreement with the City of Spokane in relation to wastewater treatment, and authorize the City Manager to execute the same. Acting City Attorney Driskell explained that this is the interlocal he referenced during the above agenda item, and said it outlines the mutual obligations of both entities. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11. Motion Consideration: Mayoral Appointment: Spokane River Implementation Advisory Committee — Mayor Towey It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayoral appointment of Councilmember Grassel to the Spokane River TMDL Implementation Advisory Committee. Councilmember Gothmann said he appreciates Councilmember Grassel's offer to participate on this committee; and said when all councilmembers accepted the responsibility for being a member of council, that everyone realized that part of that responsibility includes participation on various boards and committees; and said he feels it is unfair for only six people to have assignments, yet Councilmember McCaslin has not offered to step forward; that there are about twenty -one different committees, which means each councilmember should be on approximately three committees; and suggested asking Councilmember McCaslin to serve in that capacity or to make some trade; he said there have been nine Board meetings of the Greater Spokane Valley Chamber of Commerce but we only had representatives at three of those nine meetings, and said it is Councilmember Grassel who is assigned to that Committee; he said he understands attending various meetings is difficult, and said he feels Councilmember Grasse] is already overloaded or she would have attended more meetings. Councilmember Grassel said the Chamber Committees meetings had one cancellation and two had a change in dates thereby creating a conflict with previously scheduled commitments; she said this is a short term committee and will not continue on like many of the other positions; and said the only reason she asked to be appointed was she has been Council Regular Meeting 9 -28 -2010 Page 7 of 9 Approved by Council: 10 -12 -10 attending all the river forum meetings thereby giving her a history of the issues; and said the meeting last month was open to all councilmembers, but said she was the only one who attended; she said it was fortunate she attended that meeting last month as they asked specifically if there was anyone not on the committee who should be, and she indicated Spokane Valley should be included; she said there is also a second position they would like to have filled as an alternative person; and said they are expecting to meet monthly in the next four to six months in preparation of public hearing; and again said it is not a long- term committee appointment. Councilmember Dempsey echoed that councilmembers do have a lot of assignments, and when she knows a councilmember will be in attendance at one of those meetings, she feels comfortable in not going since the council would be represented. Mayor Towey invited public comment; no comments were offered. Councilmember McCaslin said it is correct that he is not on any committee; said he received an -email asking why he ran for office since he had prior heart problems; but Councilmember McCaslin said he didn't know he had heart problems, but because of health issues, he told Mayor Towey that that he has two years to go as a Senator, then he can devote full time to this, and said if Mayor Towey wants to put him on a committee, he said that's fine; and he reminded Councilmember Gothmann that he wasn't appointed as a councilmember, he was elected with over 58% voting for him; and said he will do what he can on Tuesday night meetings; and said he is here to serve the public and that he believes he does that. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers McCaslin, Grassel, and Grafos. Opposed: Councilmembers Gothmann and Dempsey. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments; Allan Creach he thanked members of Council who came to his father's funeral who was killed by a Spokane County Deputy Sheriff August 25 in his parking lot at 11:07 p.m. after he had been in bed for two hours. He said he doesn't know what kind of discussions this council has had as to the representation we have from the Spokane County Sheriff's Department, but said he thinks council will have to agree with him that this kind of representation and this kind of action is completely unacceptable; he said the assumption that they can come onto private property, park their car and do their business without informing the property owner who sleeps 125 feet from where he was shot dead, is completely unacceptable; and said he hopes council is in sympathy with him and he asked that Council would consider asking the Sheriff what his policies, practices, and procedures are in regard to trespass on private property. He said he has had discussions with Sheriff Ozzie Knezovich, and Mr. Creach said he is not happy with that man and his attitude toward his defense of his deputy in an action that is inexcusable; and said he is also unhappy with the way they have turned that investigation over to the Spokane Police Department and though the promise was made that it would be a complete and thorough and very transparent investigation, it has now been turned over to the Spokane County Prosecutor and he said it is filled with gaping holes; he said he would challenge each councilmember to ask for that investigation and look at it; and whether it would be complete at this point, he said he doesn't know. Mr. Creach said he is greatly disturbed by what has happened as he is sure many members of council are; and said he thinks all reasonable people in this valley are; and also in light of some of the comments made by the Sheriff to other citizens requesting help, specifically, the gentleman with the car lot down the street who had questions for Ozzie, and Mr. Creach said Ozzie's statement to that gentleman today was `if you think you can do a better job than me then run against me.' Mr. Creach said we as a city have contracted with this organization for police services; and said he is not confident that we are getting what we are paying for and if getting his Dad shot is what we are paying for, he said he recommends council suspend those payments as he is not in favor of the service. There were no other public comments. Councilmember Gothmann said he feels it is right and proper to recognize the grief that Mr. Creach and his family has, and Councilmember Gothmann offered consolation for him, and said he can't image how difficult and how tragic this is for Mr. Creach and his family and Councilmember Gothmann said he is extremely sorry it occurred. Council Regular Meeting 9 -28 -2010 Page 8 of 9 Approved by Council: 10 -12 -10 ADMINISTRATIVE REPORTS 12. Subarea Plan (SARP) Zone Community Blvd. — Lori Barlow Planner Barlow gave a brief overview of the Community Boulevard zoning district, which is a district within the Subarea Plan, and said that this is the final zone for review; that the community meeting for this zoning district is scheduled for this Thursday and following that discussion, staff will report back to council, which is tentatively set for October 19 with a report summarizing the issues and concerns identified through the review process. As per the PowerPoint presentation, Planner Barlow explained the areas which comprise this zone, she went over the permitted uses, and explained some of the differences in uses between 2003 -2010; she discussed site development standards with wider setbacks and sidewalks; and went over some of the sign standards for wall signs, freestanding signs and monument signs explaining the difference from the current zoning regulations to the pre -SARP (Sprague /Appleway Revitalization Plan) regulations; and she mentioned that as a result of an informal survey, it appears that 9% of the businesses in this zoning district are nonconforming. Councilmember McCaslin remarked in looking at page ten of the package materials, it appears there is more freedom under pre -SARP than what is permitted under SARP, and said in particular, freestanding signs are not permitted under SARP but are permitted under pre -SARP, and said he is more for freedom in the zoning; and suggested council keep freedom in mind for the property owner. At 9:00 p.m. it was moved by Deputy Mayor Schimmels and seconded to extend the meeting for forty-five minutes. In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Gothmann, Grafos, and Dempsey. Opposed: Councilmember McCaslin. Abstentions: None. Motion carried. 13. Advance A eg nda During the previous city tour, time limited what council could see, it was suggested and council concurred to hold a special meeting next Tuesday at 5:00 p.m., with councilmembers meeting at the Winter Maintenance Shop behind the Post Office, in order for councilmembers to tour that facility. Mr. Jackson added that any councilmember who could not attend and wanted to tour the facility, to please contact him or Mr. Kersten. Councilmember Grafos said he had the opportunity to meet with an architect who is active in this city and who recently was involved in some projects in our city and reported that the architect was very complimentary in the change in attitude in the building department and with the city process, and Councilmember Grafos passed compliments on to city staff Lori Barlow, Kathy McClung, Doug Powell and Mike Turbak. INFORMATION ONLY: The following items were for information only and were not reported or discussed: (14) Department Reports (I5) Gain Sharing. EXECUTIVE SESSION: RCW 42.30.110(i) It was moved by Deputy Mayor Schimmels and seconded to adjourn into executive session for approximately thirty minutes to discuss pending litigation; and that no action is anticipated thereafter. Council adjourned into executive session at 9:06 p.m. At 9:35 p.m., Mayor Towey declared Council out of executive session; and it was then moved by Deputy Mayor Schimmels, seconded, and unanimously agreed to adjourn. The meeting adjourned at 9:35 p.m. A Christine Bainbridge, City Cle Council Regular Meeting 9 -28 -2010 Approved by Council: 10 -12 -10 4 omasE. ey , May-or d-- Page 9 of 9 City of Spokane Valley Original Budgeted Expenditures by Department For the years 2007 through 2011 General Fund (001) Legislative Branch Legislative & Executive Public Safety Deputy City Manager Finance Human Resources Public Works Community Development Admin Planning Building Engineering Parks & Recreation Admin. & Maintenance Recreation Aquatics Senior Center CenterPlace General Gov. Library General Fund Grand Total Street Fund (101) Stormwater Fund (402) * Included in Public Works ** Includes Admin. Division * ** Included in Engineering E Estimated 9-zj- -z--d 2011 2007 2008 2009 2010 Proposed Budget Budget Budget Budget Budget 242,393 319,991 330,900 322,120 324,298 881,554 997,076 1,033,321 1,063,842 1,020,031 18,256,400 19,297,300 20,841,084 22,062,268 22,179,880 519,212 627,178 661,420 620,574 559,942 782,652 824,249 878,437 1,023,373 1,023,765 165,944 204,280 236,285 248,435 240,500 1,142,887 789,437 817,068 893,793 899,830 - * ** 331,284 323,205 324,550 999,967 696,322 1,062,143 1,124, 206 1,028, 258 1,296,309 E 1,325,000 1,325,213 1,313,320 1,219,845 * E ** 1,541,817 870,199 791,719 672,270 905,309 929,535 956,933 987,556 951,829 242,947 211,549 232,187 237,846 246,628 259,450 351,150 403,616 422,550 429,250 75,301 90,955 94,194 85,503 89,653 603,179 1,061, 231 1,125,110 1,192,578 1,098,911 5,156,000 3,417,988 4,845,000 3,228,150 4,645,750 20,000 20,000 20,000 - - 31,549,504 32,705,058 36,064,394 35,941,038 36,955,190 $ 4,088,372 $ 4,195,304 $ 4,343,000 $ 6,134,314 $ 5,383,327 $ 1,900,309 $ 1,983,944 $ 2,083,071 $ 2,381,215 $ 2,325,745 9-zj- -z--d