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.
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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
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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.
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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
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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