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2010, 11-09 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, November 9, 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 Ken Thompson, Finance Director Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Mike Stone, Parks & Recreation Director Brenda Grassel, Councilmember Rick VanL,euven, Police Chief Bob McCaslin, Councilmember Scott Kuhta, Senior Planner Micki Harnois, Associate Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor John Vanderwalker of Community of Christ Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 494 presented the American Flag and 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 a SNAP meeting; heard a two -year Spokane Valley Hospital report, which mentioned they have added 75 staff, and that their "self -core measurement" increased positively from last year's 77% to this year's percentage in the 90's; that he went to the Spokane Regional Health District meeting where they discussed their budget, and he reported that there will be no cuts in service or staff; attended a Governmental Affairs meeting which included discussion on the jail and said the plans are to have corrections, booking and the jail downtown and things such mental health out on the plains, and reported that the operating costs will be the same as they are now, and that the jail issue will appear on the April 2011 ballot. Councilmember Dempsey: reported that she also attended the Health Board meeting and the meeting at the Valley Hospital; as well as the Convention and Visitor's Bureau annual meeting where their new CEO mentioned that there are in excess of 11,000 people in the region who don't live here, people who are tourists and /or visiting others; she attended a wastewater advisory community meeting yesterday where several people reached the conclusion that no one will be happy with whatever decision is made regarding future fee increases, whether they come from stormwater or sewer; she attended the Regional Clean Air Agency Board meeting and said that a farmer was cited for his rock crusher contributing too much air pollution; and also attended the Hite Crane open house celebrating his new facility. Council Regular Meeting 11 -09 -2010 Page I of 5 Approved by Council: 12 -14 -2010 Councilmember Grafos said he attended the celebration at Hite Crane; and spoke with Representative Larry Crouse about the railroad quiet zone, and said Mr. Crouse and Mr. Tony Lazanis were instrumental in getting the quiet zones that were established here a few years ago. Deputy Mayor Schimmels said he took a tour at the Colbert Landfill; attended a Solid Waste meeting a few weeks ago as well as a Liaison Board Meeting where the City of Spokane made a presentation regarding the interlocal agreement and an alternative view of some things that the County had put out; that he attended a committee meeting with the STA (Spokane Transit Authority), and went to Mr. Hite's open house. Councilmember Grassel said she attended the meeting concerning the TMDL (total maximum daily load) and heard discussion between the point and nonpoint businesses and residences, and said nothing has been finalized yet; and reported that she went to the SCRAPS regional meeting; and the Convention and Visitor's Bureau annual meeting at the Lincoln Center, as well as the Hite Crane open house. Councilmember McCaslin: said that he is a World War II vet; and reminded everyone that Thursday is Veteran's day, a day to remember those veterans who served and those who are in service now. MAYOR'S REPORT: reported that he went to the SCRAPS presentation at the Fairgrounds where they are working to resolve problems on animal control; that he met with elected officials from Liberty Lake and other entities to discuss mutual concerns; attended the Greater Spokane, Inc. Regional Transportation presentation where they discussed future forecasts of regional transportation; attended the Hite Crane open house; and mentioned that in honor of Veterans Day, the North Pines Presbyterian Church will host a free luncheon this Thursday at noon for all vets and active duty personnel; and that there will be a free dinner for veterans at 4:00 p.m. November 15 at the Timber Creek Buffet at Argonne and Montgomery. PUBLIC COMMENTS: Mayor Towey invited general public comments. Aabida Dar, E 13413 E 10` brought a petition regarding a big truck parking in her neighborhood; and said she wants to know what can council do about that; she said the owner left the truck on again; and that she has been dealing with this issue for the past 12 years; and she handed a petition regarding this matter to the City Clerk. Marylyn Cline, 13303 E 10 said she signed the petition, said she has lived there 36 years; that this man moved in twelve years ago; she said she sleeps with the windows open but diesel fumes come in; she said the man is rude; has a dog that barks; said he did put an exhaust on the truck and said he wasn't aware of how bad the smell was; she said he isn't running it as long and is warming it up in the Tidyman's parking lot; she said there's room for four more tractor trailers and something needs to be done; that he was a renter but now owns the house and she added that he does a beautiful job with his home; but she wants some consideration about tractor trailers and wants some consideration for the neighborhoods and she'd like someone to get back to them. Ray Ward, 13404 E 9 t h: regarding the same topic; said he lives on the east side and they get the diesel fumes every time he starts it up; he said every weekend is the same and said an ordinance is needed to keep trucks out of residential areas. Ronald Knight 9205 E Cataldo: said he is a member of the Inland NW Car Club Counsel that deals in special interest cars, and at the last meeting they approved donating $100 to three different animal protection organizations, and $250 to Second Harvest for turkeys, and $250 to the combat motorcycle club that supports the vets homes. Margaret Mortz, 3420 S Ridgeview Drive she complimented and thanked council for being willing to continue broadcasting and for being willing to put it on the internet as well as on cable; and she thanked Councilmember Gothmann for showing leadership and again thanked all councilmembers; said she is Council Regular Meeting 11 -09 -2010 Page 2 of 5 Approved by Council: 12 -14 -2010 hard of hearing and brought up the topic of closed captions and said the best quality captions are generally unaffordable, but she'd like to have "good enough captions" and suggested YouTube; she said the video would have to be broken down into fifteen minute chunks and then uploaded to YouTube, but it would be an affordable way to accomplish closed captioning. Scott Lanzs 20 N Raymond operates Hotteez Nightclub said he had a complete sprinkler system put in and the system works fine, but that the Fire Department showed up the other day and told him he has twenty -four hours to put a flow meter into the sprinkler system at a cost of about $5,000 to $6,000; said he was made aware of this issue about six months ago and he's looking for direction. City Manager Jackson said staff will contact the Fire Department and look into this. Gary Hite E AMleway owner of Hite Crane and Rigging: said he appreciates council's past support and in particular for several councilmembers coming to his open house; said he doesn't feel a business owner who is trying to build a new and better place should have to go to the level he did to in bringing the issue before council; and said it seems there could be some things accomplished to make that an easier remedy for people to do productive business; said control and standards are needed; and he again thanked council for their support. 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 10 -22 -2010 21302 -21320 $53,396.48 10 -25 -2010 21321- 21361; 1021100008 $1,297,185.05 10 -29 -2010 5181 -5189 $1,096.00 11 -02 -2010 21362- 21392; 1026100081 $1,439,469.08 GRAND TOTAL $2,791,146.61 b. Approval of Payroll for Period Ending October :31, Lu 1u: �OJJ,:)5 i.s i c. Approval of City Council Formal Format Meeting Minutes of October 26, 2010 d. Approval of City Council Study Session Format Meeting Minutes of November 2, 2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2 First Reading Proposed Ordinance Amending Special Event Permits (SVMC 5 15.0 — CM Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second reading. After Acting City Attorney Driskell briefly went over the changes to this code section, including that the flagger training consists of approximately eight hours and $50 to $60 depending on the provider, Mayor Towey invited public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Abstentions: None. Motion carried. 3 First Reading Proposed Ordinance Amending Mixed Use Code Text Amendment CTA 08 -10 — Micki Harnois After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance amending the Subarea Plan Chapter 2 concerning the Mixed Use Zone to a second reading. Associate Planner Harnois went over the proposed changes and planning commission recommendations. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Regular Meeting 11 -09 -2010 Page 3 of Approved by Council: 12 -14 -2010 4. Proposed Resolution 10 -017 Extinguishing Easement — Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10 -017 relating to the Extinguishment of Agreement and Grant of Easement — United States Department of Health and Human Services —parcel numbers 35234.9083 and 35234.9076, and authorize the City Manager or designee to execute any documents related thereto. Acting City Attorney Driskell showed the area in question on the overhead map, and said as mentioned before, that there are now two roads built in the area where there were previously none, so access is not an issue and staff has determined there is no future transportation need for this easement. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: Mayoral Appointment of Representative to Public Transportation Improvement Conference (PTIC) — Mayor Towey It was moved by Councilmember Grafos and seconded to confirm the Mayor's appointment of Deputy Mayor Schimmels to the Public Transportation Improvement Conference Review Committee. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. Jeff Baxter 8615 E Walton said regarding the same issue as the comments from Hotteez Nightclub owner, that restrictions in the public sector are killing businesses; that he has been dealing with a club in Spokane that can't open because of these same restrictions. ADMINISTRATIVE REPORTS 6. Fee Resolution — Ken Thompson Finance Director Thompson went over the proposed changes as noted on his Request for Council Action form, and after brief discussion, Council concurred to have a draft amended fee resolution brought forward at an upcoming council meeting for council approval consideration. 7. Budget Amendment for 2010 — Ken Thompson Finance Director Thompson said that when we think we are about to exceed our budget, we try to bring the items back to Council to get authorization to amend the budget to handle such changes; he said we make a debt service payment in December each year which is for some street bonds and for CenterPlace, and that good accounting practices dictate to accumulate all the costs for one year and keep them in that year; he said we make a payment December first that pays for all the interest and the principal up through December 1, which leaves another thirty days in that year we are accruing interest; so what we have to do is accrue that payment back into that particular year; and said that wasn't noted when the 2010 budget was put together; and said this will actually get paid in the following year, but in the books, it must come through as an expense in 2010. The other change, Mr. Thompson explained deals with increased costs to fire and liability insurance; that we try to estimate that cost, but when we put the budget together in October or November, we don't get the premium until January of the following year; and said our premium on both the liability and the property insurance is based on the number of worker hours and the number and size of the claims; and said we need to add $60,000 to cover those two increases, and said we actually reimburse the state for unemployment claims, which are running higher than in the past. Mr. Thompson said the real estate excise tax is shown as we use those taxes to pay for those street bonds which were sold years ago; and said it won't really cost us any more money, as we are just moving those costs into the current year and we won't make that payment until next year; but that it would eventually come from real estate excise taxes. 8. Advance Agenda — Mayor Towey Councilmember Grassel said that she wanted to make sure the staff is making preparations for when Mr. McCaslin is gone to the legislature, that we can have him be part of the meeting via telephone, and said she realized we have about a month left to do that. Mayor Towey said with council's discretion, we can look into that and see what is available, and that staff would have to work out the technical aspects and Council Regular Meeting 11 -09 -2010 Page 4 of 5 Approved by Council: 12 -14 -2010 that council can review that for approval consideration. City Manager Jackson said that he and the City Clerk have been working on some suggestions for the Governance Manual, and will work to schedule a meeting with the Governance Committee, and said that might be a good opportunity to discuss this along with other items to bring back for council consideration. There were no objections from council. Councilmember Dempsey said she would like council to have a presentation about the wastewater advisory committee meeting and the decision on the council on which way to tax constituents. Mr. Jackson said that is tentatively set for December 7, adding that public works has been working on the quiet zone issue but is not yet prepared to set a date certain; and with the development in SCRAPS coming down to two options, Mr. Koudelka will come back with an update on the animal control proposal. Councilmember Gothmann asked about the information in tonight's packet concerning school speed zones and it was noted that is scheduled for a resolution for next week's council meeting. Councilmember Gothmann also distributed copies of a January 8, 2010 letter from the City of Connell to Olympia Senator Mark Schoesler, and explained that Mr. Gothmann spoke with the Mr. Albert Tripp, Airway Heights City Manager about Senate Bill 6225; and he mentioned Airway Heights and the City of Connell are concerned that their city's population is actually 5,000 but adding in the population of the correctional institutions moves their population to over 5,000 thereby making them ineligible to apply for Transportation Improvement Board program grants; and said perhaps this Council could send a letter to both cities giving Spokane Valley's support of their request to approve SB 6225, or take other action, and said he would like to express support to those cities. Councilmember Gothmann said he initiated this request in speaking with Mr. Tripp, and asked Mr. Tripp to send us a letter. Mayor Towey said Council could consider a letter of support as a future agenda item. City Manager Jackson said he recommends Mr. Driskell examine the impacts of the population issue, as typically a larger population makes an entity more eligible for federal grants or other state funding, and to have Council make a decision after that information has been gathered. Deputy Mayor Schimmels suggested the Association of Washington Cities (AWC) might have this issue on their docket as well; and Councilmember Gothmann said he suggested Mr. Tripp explore this with the AWC and said Mr. Tripp indicated he was doing that. Mayor Towey reminded everyone that there will be no meeting November 23, Thanksgiving week, and also no meeting November 30 as councilmembers attend a National League of Cities conference in Denver. INFORMATION ONLY: The following items were for information only and were not reported on or discussed: 9) Council Committees /Boards /Commissions; 10) Alki and Pines School Zones 11. EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(i)] It was moved by Deputy Mayor Schimmels and seconded to adjourn into Executive Session for approximately fifteen minutes to discuss pending litigation, and that no action is anticipated upon return. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, Councilmembers Grassel, Grafos, Gothmann and Dempsey. Opposed: (by not voting) Councilmember McCaslin. Abstentions: None. Motion carried. Council adjourned into executive session at 7:14 p.m. At 7:32 p.m. Mayor Towey declared council out of executive session. It was then moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. The meeting adjoined at 7:33 p.m. ATTEST: T4E. y, Mayor istine Bainbridge, City Clerk Council Regular Meeting 11 -09 -2010 Page 5 of 5 Approved by Council: 12 -14 -2010 GENERAL PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: November 9, 2010 GENERAL CITIZEN COMMEN 'OUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MO Please sign in if you wish to make public comments. NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT YOUR COMPLETE ADDRESS TELEPHONE V"c f � 3 1 -1�0 S,� o 1// 7c�_ Petition to prohibit overnight and weekend parking of Semi - Trucks and trailers in Residential neighborhoods. PR MTFTI NAMF SIGN ATURE, . / ADDRESS COMME DATE J COMMENT DATE PRINTED NAME SIGNATURE ADDRESS W 7 n ���' �► i? r' �91�I1��I7 � `� ��. ( / J � 71i' 1 i!111� , � � ( /I�1 / 1�� c _ _ 1. 111 _ , Ii " _ . , t _ _ COMMENT DATE PRINTED NAME SIGNATURE ADDRESS W 7 . aw City of Connell 1910 -2010 January 8, 2010 Senator Mark Schoesler 110 Iry Newhouse Building PO Box 40409 Olympia, WA 98504 -0409 Re: SB 6225 Dear Senator Schoesler: The City of Connell hosts Coyote Ridge Corrections Center (CRCC), one of the state's largest corrections facilities, and the Office of Financial Management currently includes the total number of offenders housed within the institution in our city's official annual population estimate. Connell's 2009 population is 3,430 and is considered a "small" city. Once a city reaches the 5,000 population threshold, the law requires an increase of council positions from five (5) to seven (7), and the municipality is no longer eligible to receive funding through the "Small City Pavement and Sidewalk Account" established by RCW. 47.26.340. The recent expansion of the CRCC from 600 to 2,648 beds will increase Connell's population beyond 5,000 before the new facility reaches capacity. Including the offender population in OFM's official estimate has both a financial and governance impact on our city. Any loss of funding eligibility for infrastructure maintenance and replacement is detrimental to smaller communities already struggling to balance budgets during these tough economic times. Adding two new council positions requires the increase of legislative salary appropriations, election costs, and general administration as well as necessitating capital upgrades to council chambers to seat the two new members. Finding additional qualified citizens willing to endure the rigors of elected office is even more challenging in a community of less than 3,000 non - incarcerated residents such as Connell. We ask for your consideration in approving SB 6225 which provides cities the option of including the offender population in their official estimates as it relates to maintaining eligibility to compete for funding through the "Small City Pavement and Sidewalk Account" and increasing their number of elected council positions. This bill only affects the cities of Connell and Airway Heights, and would have a negligible, if any, financial impact on the state. The legislation's primary intent is to recognize the sizable proportion of a city's population t s:_. of'C lonncll 0 P.O. Box 1200 a Connell, W ashington 99326 * (509) 234 -2101 •sic:: =;.i ii.i tconnc'll.ci ni attributable to the residents housed in correctional facilities and remove the indirect penalties borne by those cities that would otherwise remain classified as "small." In summary, communities hosting correctional facilities manage and absorb a various assortment of impacts for which no direct mitigation is allowed by the state. This bill addresses two of those impacts, and if adopted, will assist the City of Connell in better providing the services and governance necessary for the quality of life of our citizens. Sincerely, Garland D. Walton Mayor C its o1'C:onnell • P.O. Box 1200 * Conncll, Washington 99326 • (509) 234 -2701 0 www.cityolcunnelLcom