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2010, 12-28 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, December 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 Ken Thompson, Finance Director Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Mike Stone, Parks & Recreation Director Brenda Grassel, Councilmember Neil Kersten, Public Works Director Bob McCaslin, Councilmember Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Matt Larson 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 amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Towey expressed his appreciation for the work and dedication of outgoing Planning Commissioners Art Sharpe and Craig Eggleston and asked that Community Development Director McClung come to the podium. Ms. McClung presented Mr. Sharpe with a plaque commemorating his work as a member of the Planning Commission; and both Director McClung and Mayor Towey lauded the work of both outgoing Commissioners, and expressed appreciation for their volunteerism and dedication. Mayor Towey mentioned that Mr. Eggleston was unable to attend tonight's meeting. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported he attended a SNAP meeting; the City Employee Appreciation dinner; the Chamber of Commerce breakfast; the Spokane Valley Fire Department dedication of a rescue truck; had a luncheon meeting with our legislators, and said the purpose was to request the legislators' support of the various items of this Council's agenda, which agenda came about as a result of several council meetings, and ultimately adopted October 26, 2010 by a six to one council vote. Councilmember Gothmann said each councilmember was assigned an item to present to the legislators and his was the street utility item; he said that about half-way through the presentation one of the councilmembers voiced an objection to the item, which was subsequently followed by a second and then a third councilmember. Councilmember Gothmann said even though the legislative agenda was previously approved, at the luncheon meeting the legislators were being told not to include this item. Councilmember Gothmann said he feels a bifurcated approach to convince someone to adopt our legislative agenda will likely not be successful; he said council will be going to Olympia mid-February and unless this Council "gets our act together" this will also be bifurcated, and he said he feels this is not the way to run a council. Council Regular Meeting 12-28-2010 Page 1 of 5 Approved by Council: 01-11-2011 Councilmember Dempsey: said she also attended the legislative luncheon as well as the employee appreciation dinner. Councilmember Grafos: reported that he attended a STA (Spokane Transit Authority) Board meeting which included discussion of the high performance corridor they are attempting to fund in the downtown Spokane area; that he attended the luncheon with State Representatives Matt Shea and Larry Crouse and our city Lobbyist Briahna Taylor, and said they discussed funding available for various city projects, including the possible purchase of additional park land and of this city's road preservation challenge; that he attended the employee appreciation dinner at CenterPlace, which he said was an opportunity for him to meet a number of the dedicated city employees who he would not normally have contact with. Deputy Mayor Schimmels• said he attended the STA Board meeting; a special liaison board meeting with the solid waste where they covered a three-year extension on the burn plant, which has not been finalized yet, and he mentioned the various expiration dates of the cities involved with the interlocal; that he attended a set of interviews at the Spokane Regional Transportation Group with our HUB group which is the freight mobility group, that they interviewed two engineering firms and have a consensus on that; that he had a meeting last week with the Solid Waste Advisory Board, and said they have another interlocal to examine; and that he attended the legislative lunch, and said he does not agree with the first comments made about that lunch, he said normally when council meets like that it includes discussion. Councilmember Grasse]: said she also attended the legislative luncheon. Councilmember McCaslin: reported that he attended the legislative luncheon; and he wished everyone a happy and prosperous new year. Regarding the planning council not getting any money, he said he would be happy to introduce legislation, that he is on the Governing Operations Committee and said he knows the chairman well, and if council likes, Councilmember McCaslin said he could introduce legislation or ask the chair to introduce legislation to try to allow city councils to pay the planning council some stipend. MAYOR'S REPORT: Mayor Towey reported that he participated in the Red Cross Regional Office's "Mail to the Heroes" where they separated and sent postcards and Christmas cards to the troops overseas, and said they mailed about 4,000 cards to the troops; that he met with the lobbyist at Conley's and said he felt it was a good meeting and they discussed different priorities they wanted to move forward, that it was a debate and a discussion about those priorities; that he met with Ian Robertson and heard an update on the ChangePoint and Spokane Partners' work; attended a TPA (Tourism Promotion Area) Meeting, formerly referred to as Hotel Advisory group, where they awarded $1.6 million to the Convention and Visitor's Bureau and $460,000 to the Regional Sports Commission. Mayor Towey said this money is collected from the hotels and awarded annually to different organizations. Mayor Towey also acknowledged and congratulated Councilmember Gothmann for his recent award of an advance Certificate of Municipal Leadership, which was earned by participating in workshops and seminars throughout the year in sessions such as budgeting, community planning, leadership, and personnel, and said it takes a long time to get this award. PUBLIC COMMENTS: Mayor Towey invited general public comments. Arnie Woodward. 2511 S Best Road: extended compliments to the City for the work done on the roads for de-icing and snow removal; and said he has heard nothing but compliments during the last two to three weeks. 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. Council Regular Meeting 12-28-2010 Page 2 of 5 Approved by Council 01-11-2011 a. Approval of the following claim vouchers: VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT 12/07/10 21618 -21639 $84,196.69 12/07/10 11241000058,1129100009,11301-00019, 12031000006 $1,969,308.28 12/08/10 3379-3392; 21617, 21640 - 21643 $203,563.86 12/10/10 21644 -21664 $148,869.74 12/16/10 3394 - 3397; 21665 $57,029.47 GRAND TOTAL $2,462,968.04 b. Approval of Payroll for Period Ending December 15, 2010: $256,035.26 c. Approval of December 7, 2010 City Council Study Session Minutes d. Approval of December 14, 2010 City Council Formal Meeting Minutes It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Proposed Resolution 10-020 Amending Governance Manual - Mike Jackson It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10-020 amending the governance manual as presented. City Manager Jackson explained that this issue has previously been before council, and the only change occurs on pages 13 and 14 to relax those rules concerning council participation in meetings via telephone and video conferencing; and to eliminate the requirement of such request limited to extraordinary circumstances. Mr. Jackson also requested that any such request be submitted to him or the City Clerk by at least the Friday prior to the Council meeting, to give staff ample time to have equipment set up and ready. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. ADMINISTRATIVE REPORTS: 3. Response to Public Comments Concerning Alarm System - Lt Matt Lyons Lt. Matt Lyons gave a brief re-cap of the program; explained that there are 2,466 registered alarm systems in Spokane Valley and 1,366 of those are residential; he said growth has settled to about forty to forty- five new alarms registered monthly; that there has been a 7% reduction overall in the number of false alarms over last year; that of those approximate 2,500 alarm accounts, 78.5% did not have a false alarm in 2010 so they will be eligible for reduced registration for 2011. He said that reduction in the number of repeat false alarms is the best indicator of how well the system works; that it has been suggested that the reduction in the number of false alarms is due to people opting out of program, but said only twenty-six opted out: nine business and seventeen residentials, which he said is about 1%. Lt. Lyons went over some of the benefits of program, one of which is it frees officers to do other work, and it reduces the amount of paperwork by patrol officers. He said we now have accurate registration information and updated contact information. Regarding appeals, he said that to contest a recovery fee assessed on a false alarm, it must be based on credible evidence that the alarm was caused by criminal activity; that there were approximately fifty appeals since last year but only three actually qualified as "legislative" appeals; and the vast majority of the appeals are explanations as to why there was a false alarm, and he said they like to take that as an opportunity for one-on-one contact to explain the situation and how to correct the problem, and in the process, said the fee is usually reduced by about 50%; and said of those, he hasn't seen a repeat false alarm. Regarding Dr. Hinkle's concerns voiced at the last council meeting, he said he discussed this with Dr. Hinkle, that he was mistaken as the call was not cancelled which was verified by reviewing the 911 and dispatch recordings; he said officers did respond, they knocked at the front door but received no answer; and said there was no evidence of crime. Lt. Lyons said he let Dr. Hinkle listen to the call and that Dr. Hinkle is satisfied. Lt. Lyons also mentioned that the perception is that this is a moneymaker and from said from a law enforcement standpoint, that is not the case; it helps to use law Council Regular Meeting 12-28-2010 Page 3 of 5 Approved by Council: 01-11-2011 enforcement resources more efficiently; that the vast majority of taxpayers don't have alarm systems, and they shouldn't subsidize those who do. Lt. Lyons said generally once he explains why and how it works, this is not seen as a problem; that he is pleased with the process and has had no difficulty dealing with the public, and feels they will continue to see the number of false alarms decrease. 4. Aquifer Protection Area - Neil Kersten Public Works Director Kersten said this topic has been discussed several times now, so he just has a few issues to address tonight, the main issue which is should council leave the interlocal as it is now and have the funds come to this city, or work toward amending the interlocal so that the estimated $500,000 fees be used by the county to keep the sewer rates low. Mr. Kersten explained the pros and cons of each option, mentioned that the figures on the spreadsheet showing the sewer fee impact and stormwater fee impact in yellow highlights, include incorrect figures, particularly for the percentage increase, which would be closer to 4% instead of 12.2 as noted; adding that he would check these figures again with Spokane County Utilities Director Bruce Rawls. After council's discussion of those pros and cons, it was determined that council's desire is to keep the interlocal as is now is, and Mr. Kersten said he would inform the County of that decision. 5. Energy Efficiency and Conservation Block Grant (EECBG) Status Report Neil Kersten Public Works Director Kersten said they have been a few changes to the allocation amounts and he explained the proposed changes as shown on the attached chart; and said that funds must be expended by October 2012 and they just discovered that funds must be committed by mid-April 2011. Mr. Kersten said staff has been in contact with Avista as noted by the accompanying e-mail, and that Avista agrees with the changes. There were no objections from Councilmembers concerning the changes and concepts. 6. E-Cigarettes - Cary Driskell Acting City Attorney Driskell explained that this topic came about with a previous presentation from the Health District which resulted in council asking staff to draft regulations for our city; and he again mentioned that e-cigarettes and related components are not regulated by state or federal agencies and at this point, may be sold to minors regardless of nicotine content. Attorney Driskell explained that earlier this month, the United States Court of Appeals for the D.C. Circuit decided a case which determined to what extent the manufacturers of e-cigarettes may be regulated; that the manufacturer argued that the cigarettes are closer to traditional cigarettes than to nicotine delivery devices such as gums and/or patches, and therefore should not be required to demonstrate purity or quality; but the FDA argued that by labeling the products as "healthier" or "safer", manufacturers should be regulated as nicotine delivery devices. Mr. Driskell said the court agreed with the manufacturers ruling that the cigarettes are to be regulated in the same manner as traditional cigarettes. Mr. Driskell said the FDA is expected to appeal, and said he and other local jurisdictions are working on a shared copy of draft legislation, adding that he hopes to have the Health District's legislative record within the next several weeks; and that he expects scheduling of an ordinance first reading for this council at their January 25 meeting. There was some discussion about associated fines with Councilmember Grassel stating she preferred our restrictions not be more stringent than those fines associated with selling regular cigarettes to minors. Council agreed that Mr. Driskell move ahead with this issue. 7. Legislative Agenda - Mike Jackson City Manager Jackson said that as noted earlier, Councilmembers met with local legislators a few weeks ago, and based on that meeting, he thought it would be good to take another look at the legislative agenda; Mr. Jackson said regarding the street utility issue, that the lobbyist indicated such would typically require a fairly strong council support. Council discussion ensued regarding the pros and cons of a street utility legislation to help with street maintenance and of our anticipated $4 million estimated need for road preservation; mention that if the bill has been before the legislature since 2003 it likely is not moving; and other mention that this would be an option for cities and if cities wanted to use the tax, it must be by voter Council Regular Meeting 12-28-2010 Page 4 of 5 Approved by Council: 01-11-2011 approval; and mention of using monies from our general fund to handle road preservation. Councilmember Gothmann also distributed copies of information concerning cost to residential customers based on preservation options. Mr. Jackson said he feels if council does not strongly support this, that perhaps it should be removed from the legislative agenda and council agreed to have it removed. Mr. Jackson said the 911 harassment legislation appears to have been tabled in other venues and council agreed to remove this item from their legislative agenda as well. Mr. Jackson mentioned that they also have a request to prioritize the two capital requests and said since funding will likely not be high, that perhaps the food bank has a better chance of receiving funding. Council agreed that the food bank issue should be priority one, with the park road land issue priority two. 8. Advance Agenda - Mayor ToweX Councilmember Gothmann expressed his desire to schedule a hearing to take a position on the upcoming February Central Valley School District bond issue; but other councilmembers did not concur. INFORMATION ONLY: The Senske Contract and Department Reports were for information only and were not reported or discussed. EUC7,~'W, "E :SEIt was moved by Depury Mayor Schimmels, seconded and u»animously agreed by council to adjourn into executive session for approximately fifteen minartes to discuss pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at approximately 7:55 p.m. At approximately 8:06 p.m., Mayor Towey declared council out of executive session, after which it was moved by Councilmember Dempsey, seconded and unanimously agreed to adjourn. The meeting adjourned at approximately 8:06 p.m. ~ ; % ATTEST: T omas E. Towey, Mayor hristine Bainbridge, City Clerk Council Regular Meeting 12-28-2010 Page 5 of 5 Approved by Council: 0 1-11-2011