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2011, 02-22 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday, February 22, 2011 Mayor Towey called the meeting to order at 6:00 p.m. Attendance• CitV Staff' Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Kathy McClung, Community Development Dir. Brenda Grassel, Councilmember Mike Stone, Parks & Recreation Director Lori Barlow, Associate Planner Absent: Christina Janssen, Assistant Planner Bob McCaslin, Councilmember Scott Kuhta, Planning Manager Steve Worley, Senior Engineer Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: In the absence of a pastor, and keeping in mind all the recent events worldwide, Mayor Towey called for a few moments of silence. PLEDGE OF ALLEGIANCE: With Mayor Towey's permission, members of Boy Scout Troop 426 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except Councilmember McCaslin. It was moved by Depury Mayor Schimmels, seconded and unanimously agreed 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 the Spokane Valley Business Association meeting; since he could not attend the previous tour, he took a private tour of the Waste-to-Energy Plant; went to the Business Education Committee meeting of the Chamber of Commerce at Freeman High School and mentioned he saw the plans for the new expanded gym, which was partially funded with approximately $80,000 from private community funds; attended the Spokane Regional Health Department Videofest; went to the State of the City address by Mayor Verner, who announced the City of Spokane will be accelerating infrastructure to take advantage of the current lower bid rates; went to the Board of Health Executive Meeting and said he volunteered to be on that Board's budget committee where they will be discussing electronic cigarettes; went to the Greater Spokane Valley Chamber of Commerce breakfast; a meeting at the Greater Spokane Substance Abuse Council, and said they needed a councilmember on that Council as well and said he volunteered for that, and that they will be asking for a letter of support in the future concerning a grant they will be applying for which will benefit those in the Edgecliff area, adding that the Mayor should be receiving information concerning that support letter request soon, which will have no financial impact on our city; said he attended today's 911 meeting where the sheriff's office Council Regular Meeting 02-22-2011 Page 1 of 5 Approved by Council: 03-08-2011 explained they are working with the City of Spokane to consolidate two dispatch centers; and said he was recently informed that Airway Heights council now has completely paperless agendas. Councilmember Grafos: said he attended the Association of Washington Cities Legislative Action Conference in Olympia, and his three issues of concern were: (1) the sprinkler system for the Spokane Valley food bank, (2) funding for the purchase of additional park land adjacent to Centennial Middle School; and (3) legislation to prevent cattle trucks from Canada and Idaho coming through our local streets; and said of those three issues, the funding for the additional park land is the least likely to receive funding. Deputy Mayor Schimmels: said he attended the Inland Pacific HUB meeting which he said is a Freight Mobility Group in this area and ties in with Kootenai County; went to the Spokane Regional Transportation Committee meeting; and traveled to Vancouver, Washington and sat in on a listening session. Councilmember Grassel: explained that she also attended the legislative session in Olympia where she had the opportunity to meet with several representatives and discuss our legislative agenda; and said they heard during the Governor's luncheon that they continue to work on the 2009-2011 supplemental budget, and by the end of July will be looking at cutting another $700 million. MAYOR'S REPORT: Mayor Towey stated that he also attended the legislative session in Olympia and reported that the state will likely have to cut $4.8 billion by April, and said he feels it was very productive for local elected officials to let the legislators know how we're doing and that what they do in Olympia affects us here; he attended the Mukogawa Fort Wright Institute's celebration of the new year. Mayor Towey said he attended Mayor Verner's State of the City Address; went to the Fire District 48 Award Banquet; and today met with School District Superintendent Small and Liberty Lake Mayor VanOrman. PUBLIC COMMENTS: Mayor Towey invited general public comments Steven Neill, 10820 E 18`h Avenue: said he went to the third of eight meetings last Thursday concerning updating the Shoreline Management Act language, which will be presented to this council; he said the environmental groups were well represented and that from what he saw, they were the most dominating voice participating; he said there were two things which stood out to him: (1) the introduction of language which would prohibit the creation of any more parking lots that could be used to allow convenient parking close to the Centennial Trail even on private property; and (2) the restriction of private trails leading to the Centennial Trail even on private property; he said he wanted to make sure council is aware of this language and said in his opinion, it is most certainly contradictory to the U.S. Constitution's Fifth Amendment which specifically states "no person shall be deprived of life, liberty or property without due process of law, nor shall private property be taken for public use without just compensation." He said he is not a lawyer, but the language seems to be a taking of an individual's right to use their property as they see fit; and said unless the City plans on giving recompense for this taking, he suggests the language be looked into. 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 02/03/2011 3435-3438; 3447, 22078-22082 $207,361.21 02/04/2011 22083-22098 $63,217.88 02/04/2011 22099-22132; 131110030, 204110005 $1,573,22233 02/11/2011 22133-22151 (void #22152) $72,311.63 GRAND TOTAL $1,916,113.05 Council Regular Meeting 02-22-2011 Page 2 of 5 Approved by Council: 03-08-2011 b. Approval of Payroll for Period Ending February 15, 2011: $254,10537 c. Approval of City Council Retreat Meeting Minutes of February 8, 2011 d. Approval of City Council For►nal Format Meeting Minutes of February 8, 2011 It was moved by Depury Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2 Second Readin_g Proposed Ordinance Re ug lating E-Cigarettes - Carv Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt ordinance 11-003 relating to electronic cigarettes. Acting City Attorney Driskell explained the purpose of the ordinance, as noted in previous meetings, and said a typographical error on page 3 will be corrected. Mayor Towey invited public comment. Ronnel Routon 1617 E Providence Avenue, Spokane, said that she is with Smart Smoke, one of the largest retailers of e-cigarettes in the Spokane area; and stressed the importance of council passing this ordinance; said they have been self- regulating for the last several years, and they include a list of all contents on all their products' labels; she said they feel it is important consumers know exactly what they are purchasing; and said they have elaborate identification devices to help ensure they are not selling to minors. There were no other public comments. In response to Councilmember Grassel's questions about the process to inform the business owners of the new regulations, Mr. Driskell said in addition to the ordinance summary being published in the newspaper, he will ask the Health District to send out notices to known businesses who sell these products, including giving them information about the mandatory signage. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Motion carried. 3 Proposed Resolution AdoptinComprehensive Emergency Management Plan (CEMP) - Mike Jackson It was moved by Deputy Mayor Schimmels and seconded to approve resolution 11-002 adopting the Spokane Comprehensive Emergency Management Plan. City Manager Jackson said that at the February 8, 2011 Council meeting, Chief VanLeuven and Emergency Management Program Administrator Lisa Jameson gave an overview of this plan, and tonight staff seeks approval of the resolution to adopt this Plan. Mr. Jackson said a complete copy of the Plan, which is over 400 pages in length, is on file with the Clerk as well as on the Department of Emergency's website. Chief VanLeuven said the plan is good for four years. Mayor Towey invited public comment. Dick Behm, 9405 E. Spra~ue: said he and others helped to develop this plan in 2004; that it is important and covers everything from wildfires to floods to what would happen in our area should a major earthquake occur in King County, thus forcing the evacuation of thousands of people who would likely if possible, come to this region. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Motion carried. 4 Motion Consideration• Fuel Tax Grant Distribution Agreement - Steve Worlev It was moved by Depury Mayor Schimmels and seconded to authorize the Mayor to sign the TIB's Fuel Tax Grant Distribution Agreement for the 24`" Avenue - Adams Road to Sullivan Road Sidewalk Project." Senior Engineer Worley explained that last year staff came to council with requests for grant applications for some of the city's capital projects, and that one of those was the TIB (Transportation Improvement Board) projects, and said we were successful in getting this project, and that as part of the normal paperwork process when we are awarded a grant from TIB, the Fuel Tax Grant Distribution Agreement needs to be signed by the Mayor to get the project started. Councilmember Gothmann disclosed that he is part of the TIB Board and asked if that presented any conflict, and Attorney Driskell said he felt it did not since Mr. Gothmann is on that board as per his council appointment. Mayor Towey invited public comments. Alan Hinkle 11916 E. Sprague Avenue asked clarifying questions concerning the area of the project, and he received clarification that it is on 24`h Avenue and Adams. Arne Woodward. 2511 Best Road encouraged passage of this motion and said the area has a dangerous corner where the kids climb up on the bank, and said this will help alleviate that problem. There were no further comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Council Regular Meeting 02-22-2011 Page 3 of 5 Approved by CounciL• 03-08-2011 PUBLIC COMMENTS: Mayor Towey invited general public comments Bruce Wakeman 7616 E Baldwin Avenue: explained that a couple weeks ago the Planning Commission discussed the ordinance for adult retail use and entertainment; that he looked up the State's definition of obscenity and found it to be pretty strong; said he e-mailed his comments to the Planning Commission and received a response that the e-mail could not be received because of objectionable content; said he is glad we have a good filter on our e-mails; said he feels there should be a high standard for the community at-large and the community should not be subjected to have to see the adult book stores and their advertising; that nationwide a Mr. Eric Holder, National Public Attorney, has not prosecuted any obscenity laws; that in 1973 the Supreme Court said obscenity is not protected speech under the First Amendment; said there is a movement to send the legislators a letter to ask Eric Holder to begin prosecution of the laws we have regarding obscenity; and to ask our state legislators to help clean up our communities. Mel Jones 1404 N HodgLs Road Greenacres: concerning the chickens in residential areas issue, that he supports chickens in residential areas; said an ordinance was adopted by Seattle which expanded the opportunity to people to grow their own food, and if grown there, can be sold there; and said that offers sustainable vision for the Seattle area and he is hopeful it could do likewise for Spokane Valley; and said he would like to see things included such as allowing the growing and selling of vegetables; and he urged council to consider the bigger vision to include more than chickens. ADMINISTRATIVE REPORTS: 5. Chickens in Residential Areas (CTA 01-11) - Christina Janssen Via her PowerPoint presentation, Assistant Planner Janssen explained the current regulations, the proposed amendment, and the regulations of several surrounding jurisdictions. Ms. Janssen also mentioned that City Code Enforcement Officers report that they typically receive one to two complaints per month regarding chickens, and more complaints about roosters; and said the proposal is to separate chickens from other small animals such as other fowl; and that these changes would be just for chickens. Councilmember Grassel asked about allowing chickens in front yards, and Ms. Janssen explained that the first twenty feet of a yard is considered the front yard, so it would not be allowed. There were no objections to moving forward for a first reading March 8. 6. Code Text Amendment. Adult Retail Uses - Lori Barlow Associate Planner Barlow went through her PowerPoint to explain the proposed amendment, and said the intent is to limit viewing of adult-themed films to occur within adult entertainment establishments which are appropriately regulated; she explained the differences between adult retail use establishments and adult entertainment establishments; and explained that the Planning Commission voted four to three to recommend the Commission's alternative definition for council's consideration. She said staff does not support the proposed Planning Commission alternative definition because it regulates based on the expectation of adverse impacts instead of the evidence of such impacts; and said if the City finds that the alternative proposed by staff does not achieve the desired result of limiting viewing of adult video in the nature of an arcade to the adult entertainment facilities, we can come back with a second amendment to address specific problems; and said it is felt the incremental approach should reduce risk for the city. Both definitions were provided for council's future consideration. Ms. Barlow said that staff received Mr. Wakeman's comments, and they will be included in the material provided to council at the first reading of the ordinance. There were no objections to moving forward for a first reading March 8. 7. Liberty Lake Sign - Mike Jackson City Manager Jackson said that we have been asked by Liberty Lake City Engineer Andrew Staples to consider sharing in the cost to erect a monument sign between the two cities, and that a rough estimate given July 2009 was $24,700; and that the estimate includes the use of solar lighting rather than connecting to an electrical grid. Mr. Jackson said the approximate $30,000 could be taken from the Council Regular Meeting 02-22-2011 Page 4 of 5 Approved by Council: 03-08-2011 Records Management line item in the 2011 budget. Mr. Jackson said that he, Mr. Kersten and Mr. Stone have discussed this, that there is no hurry and no sign plan yet; but Liberty Lake would like to know if we are interested in participating, and said he was looking for a consensus from council. Although the use of solar lighting was mentioned, it was suggested if we participate in such a sign, that it be wired for electricity, thus saving money should we later need or decide to use electricity. Landscaping, sign design, the idea of a sign similar to those at CenterPlace, and how many signs were all discussed and it was determined that staff will gather more data and bring this matter back to council at a later time. 8. Advance A.genda - Mayor Towev Councilmember Grassel announced she would not be in attendance at the March 8 council meeting. INFORMATION ONLY: Department monthly reports, and the Library Quarterly Report were for information only and were not reported or discussed. EXECUTIVE SESSION: Potential Litigation fRCW 42.30.110(i)1 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately 30 minutes to discuss potential litigation and that no action would be taken upon return to open session. Council adjourned into executive session at approximately 7:30 p.m. At 8:00 p.m., Acting City Attorney Driskell returned to Council Chambers and announced the executive session would be extended for another thirty minutes. At 8:26 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 8:27 p.m. . ATTEST: Thomas E. Towey, Mayor l ~ 6 ;,f Christine ainbridge, City Clerk Council Regular Meeting 02-22-2011 Page 5 of 5 Approved by Council: 03-08-2011 GENERAL PUBLIC C UMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: February 22, 2011 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please s%nin if ou wishto make ublic comments. NAME C OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT WILL SPEAK ADDRESS ABOUT fe 7/0 --_3 I$~ ~ ~z;~ ~ - ✓ S o W kt 111,1 /IP4120 E 49 c f okh4r A/l, 206