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2011, 01-11 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday, January 11, 2011 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 Steve Worley, Senior Engineer Absent: Carolbelle Branch, Public Information Officer Bob McCaslin, Councilmember Chris Bainbridge, City Clerk INVOCATION: Pastor Jerry Sponseller of Opportunity Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE: At Mayor Towey's request, members from Boy Scout Troop 419 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except Councilmember McCaslin. It was then moved by Councilmember Grafos, seconded and unanimously approved to excuse Councilmember McCaslin from tonight's meeting. 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 Al French's swearing -in ceremony; attended former Mayor Munson's funeral and memorial service, and Councilmember Gothmann spoke about Mr. Munson's various avenues of expertise and dedication, adding that we will miss him, and later said that Janet Munson was overwhelmed with the amount of support from the City. Councilmember Dempsey stated that she attended the Spokane Regional Clean Air Agency meeting, that she served as chair last year and has now turned that responsibility over to the new chair; and said she attended Mayor Munson's memorial service and echoed the sentiments expressed by Mr. Gothmann. Councilmember Grafos said he had no report, but has been speaking with the citizens regarding our snowplow operation and the feeling is we have done pretty well, and can always do better. Deputy Mayor Schimmels said he attended a solid waste liaison board meeting last week and a few days later the County Commissioners met regarding the waste -to- energy plant, and reported that they are planning a summit meeting the first of February; he attended a regional transportation committee special meeting last week; last night he and Mayor Towey went to the Spokane City Council meeting where that Council discussed a car tab initiative to raise fees for road maintenance, and said Spokane City decided not to implement that now; and said he also attended former Mayor Munson's memorial service. Council Regular Meeting 01 -11 -2011 Page 1 of 5 Approved by Council: 01 -25 -2011 Councilmember Grassel reported that she attended a Kiwanis Club meeting last Tuesday where she was asked to speak from a new councilmember's perspective about past, present and future zoning issues for Spokane Valley. MAYOR'S REPORT: Mayor Towey stated that he went to Mr. Munson's memorial, and said that the city is saddened -with the news of his passing. Mayor Towey also extended congratulations to Eastern Washington University for their football victory. PUBLIC COMMENTS: Mayor Towey invited general public comments. Geoff Webb 13303 East Mission Avenue #173: said he is pleased with the plowing in the streets but less pleased with the state of the sidewalks; that he rides the bus everyday and is forced to stand in the streets due to snow accumulation; said a lot of sidewalks are icy and some places are almost impassable so people end up walking in the road, which is dangerous; asked why the ordinance to keep sidewalks clear is not being enforced; said most businesses don't clear sidewalks at all and that the only places that reliably clear the sidewalks are the nursing homes and the hospital. City Manager Jackson said that staff will come back to council with an update and report on the sidewalks, adding that the city has been strongly encouraging citizens to clear the sidewalks, and said we are currently address code violations of this type are addressed on a complaint basis. Steve Neill 10820 East 18 Avenue, 99206: regarding SARP; said it is time for people to come to grips with the realization that SARP is illusive, dangerous and nearly impossible to kill; he said that those "clamoring for and feeding this beast have been busy pushing their agenda on us; my response to those who are endlessly trying to force this upon us are a series of questions: we have been treated to an endless array of full -page ads of questionable honesty demanding the return to a two -way Sprague. We make Sprague two -way again, they say, and poof, the businesses will magically appear and be filled with happy little customers with unlimited credit cards. This is what I call the field of dream syndrome. Can anyone really believe this will happen with the Valley Mall, Wal -Mart, and Sullivan shopping only a few miles away? At the City Planning and City Council meetings there is a realtor who has on at least two occasions told the audience that she and her husband moved here because we love it here; then goes on and on about the city not having a vision; demands a city center at Sprague and University, and the adoption of SARP because the future is passing us by. My question to her is, did you move here for what the city is, or what you are requiring it to become. A local paper certainly seems to be promoting SARP by giving former Mayor Munson and other proponents many opportunities to speak for it. Not long ago, the Valley Voice asked five respondents the following question: How do you feel about returning Sprague back to two - ways? All five were in favor of it. Amazing. Would those same people say yes to a more appropriately asked question, knowing it will cost the Valley taxpayers $5 million with a direct benefit to only a few people, are you still in favor of returning Sprague back to a two -way street; or another way to put it would be to ask, businesses prosper all over America on one -way streets, including Argonne and Mullan, but a few businesses on Sprague feel they can't. So, they are expecting you to pay for their shortfall. Is this a good thing to do in today's economy? A possible follow -up question would be, do you feel that the businesses who directly profit from returning Sprague to a two -way should be required to pay the additional travel expenses and give a travel allowance to those who are required to crawl down Sprague again as traffic backs up to pre - couplet levels. City Councilwoman Rose Dempsey also had a recent piece criticizing those who are not in favor of SARP. As for the realtor, those who oppose SARP are treated like as being anti - visionary. In this particular case, I could not agree more. I do have a vision problem. I'm having a hard time seeing why her vision should cost me money and the people of Spokane Valley future debt. Reality says that by implementing SARP you will not bring Sprague into the promised land of happy shoppers with lots of credit, nor will you line it with pedestrians basking in the shopping oasis. If these people insist in living in a fantasy, then let them pay for it." He then asked Council to "enforce the will of the people and end all possibilities of SARP in the most expedient and legally defensible means at its disposal." Council Regular Meeting 01 -11 -2011 Page 2 of 5 Approved by Council: 01 -25 -2011 John Tiersma 105 N Skipworth Road, 99206 said he just recently found out they're now in a different zone since they're in the city center; he said he was fine with that until a couple months ago he wanted to refinance his house and had it appraised, and said he was told the bank will not loan on his house or let him refinance because of the zoning because they are a single family dwelling; and it says if the house burns down over 80 %, it can't be re- built, and said a bank won't loan on something like that. He said he is in limbo because he can't refinance and can't sell it since no bank will loan anyone the money. He said he heard Council is considering repealing the City Center, and he'd like to know the status of that. Mayor Towey said that staff can get back with Mr. Tiersma about the difference of the city center zoning and what Council is doing regarding that evaluation; and Mr. Jackson said that topic is scheduled for next week's council meeting as well. Arne Woodward, 2511 S Best Road said he is a real estate broker; said that December was a better month than he would have anticipated; 336 people bought homes and closed in December, which is an increase from 279 in November. 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 12/17/2010 21666- 21747, 1217100005, 1217100006 $755,240.49 12/21/2010 21748 -21780 $50,797.28 12/23/2010 21781 -21786 $93,435.06 12/29/2010 21787 -21843 $207,045.65 12/30/2010 5198, 5199, 5200 $258.00 01/04/2011 21844 -21845 $9,353.05 GRAND TOTAL $1,116,129.53 b. Approval of Payroll for Period Ending December 31, 2010: $357,913.77 c. Approval of City Council Formal Format Meeting Minutes of December 28, 2010 d. Approval of City Council Study Session Meeting Minutes of January 4, 2011 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2 Proposed Resolution 11 -001 Amending; Resolution 08 -024 Petty Cash — Ken Thompson It was moved by Deputy Mayor Schimmels and seconded to approve Resolution I1 -001 amending Resolution 08 -024, Petty Cash and Change Accounts. Finance Director Thompson said this was discussed a week ago, and that the purpose of this amendment is to increase petty cash by $100 so that staff won't be in a position to have to weekly reimburse the petty cash. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3. Motion Consideration: 2011 Sensk Park Maintenance Contract — Mike Stone It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or his designee to finalize and execute the 2011 Senske Park Maintenance contract, entitled 'T nd Amendment to Park Maintenance Contract, " in the amended contract amount of $606,477.88. Parks and Recreation Director Stone explained that this also was discussed in some detail last week; that Senske was the low bidder and had reduced their previous year's bid by almost $85,000; he said the contract allows for six additional one -year renewals based on satisfactory performance, which has been the case. Mr. Stone said that the Discovery Playground was added to the contract in 2010, and that the contract represents about 1.5% Council Regular Meeting 01 -I1 -2011 Page 3 of 5 Approved by Council: 01 -25 -2011 increase. Mr. Stone also noted that Appendix B concerning prevailing wage information is included in the packet information. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4 Motion Consideration: Appleway Courts Senior Housing Support Letter — Mayor Towey It was moved by Deputy Mayor Schimmels and seconded to authorize Mayor Towey to sign and send the attached letter in support of the Appleway Courts Senior Housing Project, second phase, known as Appleway Court II. " Mayor Towey said that staff received an e-mail on January 4, 2011 from Community Frameworks, requesting council to consider sending a letter of support for the Appleway Courts Senior Housing Project; in the letter of support, the Rockwell Retirement Community is seeking an award of $14 million in low- income housing tax credit to complete a second phase of their development. Mayor Towey said receiving the letter of support will enhance their scoring ability and for them, could include $4 million in tax credits, and for the City of Spokane Valley, it would enhance 60 jobs during the construction phase of the project. Mayor Towey said he recommends Council approve the letter of support. Councilmember Gothmann said he called the principle man regarding this request, who emphasized that the competition will be steep and who told him that it is essential they get all the points possible; one of the reasons they feel it will score high is because the Sprague / Appleway Revitalization Plan is in effect, and that if it were not in effect, that man felt he would probably lose and be unable to do the project. Councilmember Gothmann said this is typical of numerous private and public sources of funds that they want to see a plan; and said he is encouraged it could bring $4.5 million to our city, and favors sending a letter of support. Councilmember Grassel asked Councilmember Gothmann if he was suggesting that if we don't have the SARP plan that this would not go through; and Councilmember Gothmann said it was not a suggestion, but a statement, and that was what he was told by the gentleman applying for the funds that they could get additional points since they were within a revitalization project, and that without those points, he would not be as competitive. Councilmember Grafos said that the SARP plan is an overlay of the comprehensive plan, and if we eliminated SARP we would still have the comprehensive plan which calls for the low -cost zoning; and said what would be eliminated are the restrictions that are hurting our citizens, like the man who spoke earlier about not being able to re-finance his home. Councilmember Dempsey asked for a point of order: she said the letter is the topic of discussion and not SARP. Mayor Towey said the point of order is well taken; and council should concentrate on the letter of support and recognize that there are many factors that contribute to the points available for this project's funding. Councilmember Gothmann said that one of those points is that we have revitalization and not just a comp plan, but revitalization is the key term used by the gentleman he spoke with concerning this project. Councilmember Grassel asked if the letter were approved, would this council be "held hostage later" to say since we signed this letter therefore we have to approve all the regulations in the current zoning. Councilmember Gothmann responded that he asked, and was told that the City of Spokane Valley would not be further obligated in any way; but that the issue is of timing, and since SARP presently exists, it would allow them extra points. Mayor Towey invited public comment. Chris Venne, Development Finance Manager of Community Frameworks, 315 W Mission Avenue he said he is the one requesting the letter; that this is a state -wide competition, and the funding will be awarded until they run out of money, and that it will be awarded to those who apply based on scores, that there are about 250 points available; no one gets all points; there are seven points available that is mentioned in his original letter: five points from being in an area targeted for affordable housing, and two points if in addition to that, it is part of a revitalization plan. Mr. Venne said if he could get those entire seven points, he feels more confident in receiving funds, and if he received no points, it would be difficult to compete. He said the current letter addresses the first, which is the five -point category, which is very helpful. Mr. Venne said neither he nor the Community Frameworks takes a position on SARP; the only point he was making is that there are two possible points out there; that he wants the money to come here Council Regular Meeting 01 -11 -2011 Page 4 of 5 Approved by Council: 01 -25 -2011 and not elsewhere; and mentioned that this project is at 95% completion as of last Friday, and they expect a grand opening in about six to eight weeks; and he said if the zoning were to change, it is not known what impact that might have as he is applying for grants based on what is in place at this time; keeping in mind that many things included in the application could change over time. He said he submits his application tomorrow. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried ADMINISTRATIVE REPORTS 5. Advance Agenda — Mayor Towey Suggested additional topics for future agendas included sidewalks, and solid waste, and it was decided to include solid waste was an "information only" item on the 18 agenda, and to have an administrative report on January 25 th . INFORMATION ONLY: n/a 6. EXECUTIVE SESSION: Pending Litigation It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed by council to adjourn into executive session for approximately 45 minutes to discuss pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at approximately 6:50 p.m. At approximately 8:03 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 8:03 p.m. /x7 X Thomas E. Toomey, Mayor - nbridge, City Clerk Council Regular Meeting 01 -I1 -2011 Page 5 of 5 Approved by Council: 01 -25 -2011 GENERAL PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: January 11, 2011 ENERAL CITIZEN COMMEN OUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE Mn PlPace don in if vnn with to make nuhlic comments im NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT YOUR COMPLETE ADDRESS TELEPHONE R GL x, r) /e fo 133c�3 _ h s Slan !�7 2q o -ti338 SA VM d D Z10 E j <?4 A r'� 9 7 F' C isr C ► C llztL � - l Os N Sk -,