2011, 05-10 Regular Meeting Minutes MINUTES
City of Spolcaoe Vallcy
City Council Regular Meetings
Formal Meetiug Format
Tuesday, May 10, 2011
Mayor Towey called [he meeting to order at 6:00 p.m.
AtlenAnnce: Cilv Stn(f.'
Tom l'owcy, Mayor Mike Jackson, Ciiy Manager
Gary Schiinmels, DepuN Mayor Cary Driskell, Acting CiTy Attomey
Bill Gothmanq Councilinember Ken Thompson, Finance Director
Dean Grafos, Couneilmember Rick VanLewen, Police Chief
Brenda Grassel, Councilmember Mike Smne, Parks & Recreation Director
Arne Woodard, Councihnember Neil Kcrsten, Public Works Dimetor
� Scott Kuhta, Planning Manager
Mary Kate McGee, Building Official
Lori Barlow, Seniur Planncr
Karen Kendall, Associate Planner
Morgan Koudelka. Sr. Administrative Analyst
Carolbelle Branch, Public hiformation Officer
Chris 6ainbridge, City Clerk
INVOCATION: Pastor Craig Smart of Valleypoint Churoh gave the imocation.
PLEDGE OF ALLEGIANCE: Mayor'Cowey led the Pledge of Allegiance.
ROLL CALL: City Clerk Buinbridge called the roll; all councilmembers were presen[.
APPROVAL OF AGENDA: !! wae� nroved by Deputy Mayor Schimme(s, secmrded m+d �manimously
ngreed m approve the agerrda. Mayor Towey gave a brief expinnation of wha[ an agenda "action item" is
and of the two general public comment opportunities; and said that at that time, he would appreciate
citizens liiniting their comments to no longer than Ihree minutes.
INTRODUCTION OF SPECIAL GUESTS AND PI2ESENTATIONS: n/a
COMMITTEE. BOARD, LIAISON SOMMARY REPORTS:
Councilmembcr Woodard: said he attended today's Law Enforcemen[ Memorial Service; he stood in for
[he Mayor as a member of last Friday's REDCON (Real Is[a[e Development and Construction
ConCerence) panel, and ex[ended thanks to the ciTy for an excellentjob.
Councilmembec Gothmann: reported [hat he attended the recent Health f3oard meeting where it was
reported that the radia[ion level in Spoka�c as a result of the Japanese nuclear disaster is 5,000 times
below levels of concern: he mentioneA that the County is considering a bike helmet ordinance; reported
he also attended the Government Affairs mcc[ing where representatives from the Public Facilities Distric[
(PFD) and [he Convention Visitur's Bureau spoke about [he likes and dislikes of people in our area, and
that the PFD gave a pmsentation on the proposed cxpansion of the Comention Center. Councilmember
Gothmann said he also attended tlie Junior Lilac Parade, as well as [hc Law F,nforcement Memorial.
Cowuilmember Grafos: said he had no report 6ut met wi[h severel ci[izens a�d will discuss that issue
during the advance agenda topic later tonight.
Depury Mayor Schiinmels: said he wen[ [o three SRTC (Spokane Regional 'fransportation Council)
mee[ings in Ihe last nvo weeks; and a STA (Spokane Transit Au[horily) Operations Committee Meeling,
and a Sulid Was[e Task Force Mee[ing; and said he attended our Town Hall Meetings and thanked all
those who attended.
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Appraved by Couneil: OS-24-2011
Councilmember Grassel: said she went to [he monthly Chamber of Commerce Board Meeting where [his
month's special guest was a representative from the Human Rights Commission; she par[icipated in
Spokane Valleys Take our Kids to Wbrk Day and she extended [hanks to ihe Human Resources
personnel; also attendcd the REDCON meeting whcre [hey discussed zoning regulations for Spokane
Valley. Spokane City, and Spokane CounTy, and said it was a good discussion.
MAYOR'S REPORT: Mayor Towey rcported that last week he participated in the 76'�' Junior Livestock
in Spokanc CounTy, which had ovcr 300 entrants; he participa[ed in the Bring Your Kids to Work Day;
went to a law enCorcement prayer breakfast; met with tlie Mayor oF Liberty Lake and Superintendent of
Central Valley School District; and also attended the law cnforcement memorial. Mayor Towey then rcad
Ihe "Motorcycle Awareness Day" pmclama[ioq which was received with tlianks from sevoral members
of the Lilac City Wings chaptcr, including Michael Mustered, Motorcycle Awareness Day Coordina[or.
PUBLIC COMMENTS: Mayor Towey invited general public comments.
Mark Vovos Delph' Buldine 1309 W Deai Avenue Sook : said he represents home owners,
ci[izens, and taxpayers of this community regarding the proposal by SL John V ianney, and said there are
over one hundred ci[izens opposed to the develupment of the church; and asked Council to deny [he
upcoming request for a sixTy-day estension. He said the application was denied by tlie Planning
Commission, [hat this has been in progress over a year now, and said an additional thirty days migh[ be
appropriate, but mt sixry.
Tim I3ieber 312 N Farr: conrerning tlie SL John Vianney proposal, said he rcpresents citizens living on
kart, Locus[ and the surrounding area that the neighborhood and area is pris[ine and he hopcs Council
considers thc history of thc neighborhood, and denies [he request; said he agrees wi[h taking care of the
elderly, but them are cxisting HUD homes on Appleway, and if the Catholic Charities build this under an
LLC Qimited liability company), [hen it becomes a corporation; and he mentioned parking is curtently
inadequatc.
Garv Anderson. 420 N Felts: said he wantcA ro see by a show of hands, how many people werc hcre
[onigh[ for [his issue, and Mayor "1'owey said council encourages people to speak, but thcy do not want to
[ake wtes. Mr. Anderson said if he wan[cd to be on a busy street, he could have bought property on
Argonne or ciscwhere.
Bill Mihalic. I0824 East Steve Lane: read his s[atement conceming the proposal of SL John Vianney and
of his agreement with the proposal and of the need to help the poor and needy.
1. CONSENT AGENDA: Consis[s of i[ems considered routine which are approved as a group. Any
member of Council may ask that an item be removed from [he Consent Agenda to be considered
separately.
a. Approval of the attached listing of claim wuchers, wi[h grand total of $284,70037
b. Approval of Payroll for Period Endin� April 3Q 201 I: $335,64729
c. Approval of City Council 6xecutive Session Mee[ine Minutes of April 26, 201 I
d. Approval of City Council Minutcs of April ?6, 2011 Formal Meeting Fortnat
1[ was moved 6v Deputy Mayar Schiinnrels, semnded and unanimausl�� agreed to approve the conxen!
agenda.
NEW 6USINESS
2 Mo[iun Concidera[ion� Aooroval of CDBG/HOMF Consortium Agre t— Scott Kuhta
It was nroved bti� Deputy� Moyor Schinrmels and seconded m aulhorize 7/ve Cilv Mannger's signnture on
!he Cooperatiwv Agreemen( j'or Comrmmiry Dere7opmen! Block Grarp and Horne Inveshnen(s ParMership
h5nede�for the yecrr.e 2012 �0 2014. Planning Manager Kuhta explained that evcry three yeare, Spokane
County is required [o re-qualify as an Urban CounTy Consortium in order to participate in the U.S.
Council Regolar Meeting OS-10.201 I Page 2 of 6
Appmved by CaunclL (ti-21-201I
Departmen[ oF Urban and Housing Developmen['s (HUD) Community Development Qlock Gran[
(CDBG) Entitlement Program; and [hat we are again in [he position to decide whether to renew our
participation in that Consortium or bccome a direct entiticment recipient from HUD. Mr. Kuhta
explained [hat he wen[ over the details of [his agreement last week, and showed a map of the affected
areas that meet criteria for low and moderate income. Mayor Towey invi[ed pu6lic commen[s; no
commen[s were offered. Vo�e by Acclamntiair: Li Ftrvor: Unanimous. Opposed.� None. Motion carried.
3. Mution Consideration: Public Access Proerammin4 fundine Pr000sal — Morean Koudelka
lt was moved by Deputy Muyor Schinnnefs and e�econded to aulhorize Ihe Ciry Mmruger to execute (he
agreement with Connnunify Minded Television ao acl as Ihe pub7ic access cl>annel rrrannger. Senior
Administrative Anatyst Koudclka again wen[ over ihe highlights of this agreement, including the funding
aspec[s. Mayor Towey invi[ed public commenC Roberl Poote General Manager of Commudty M'nded
Television thanked council for considering the agreement and he encouraged use of Community Minded
Television for transmitting council messages to the gcneral public. In response to a question about ciosed-
ceptioning Mr. Coote said the newest edition of the sofrware has Ihat capabiliry, and that there is a good
chance with their frs[ annual report in Ocrober, Ihat they will ask for funding to do IhaL Jennie
W illardson 12722 E. 23` Avenue said she was formerly a member of the Cable 6oard and is glad ro see
Ihis issue of havine council meetings shown on Ihe cable, finally come [o fruition. Vote by Acc(anm[iott:
In Favor Unnnimous. Opposed: None� Motion carried.
4. Mavoral A000intment: Plannin�Commission Vacancy—MavorTowey
Mayor Towey explained lhe 6ackground of this commission vacanry, and expressed thanks to xll
applicants for submitting an application, and said it was a difficult decisioq and he recummended
appointmenl of Steven Neill. I[ was then moved by Comrcilmember Woodard and seconded, in approve
the Mayar's recnninrended appointmen! of S[ei�en Nei11 [o (he Planning Comn�ission ro fitl (He posi(ion
recen([y vacated, which iernr expires December 3l, 201/. Mayor'fowey invi[ed public wmmcnt; no
comments wcrc offered. Vote by Acclamofion: Gr Fui�or: Unanimous. Opposed: None. Moliom carried.
PUBLIC COMMENTS: Mayor Towey invited general public commen[s; no comments were offered.
ADMINISTRATIVE REPORTS:
5. Council Posi[ion tt5 Interv'ews — Mayor Towev
As Mayor �Powey had previously rewsed himself from this issue, he [urned the meeting over to Deputy
Mayor Schiminels and Icft tlic room. As per [he previously approved procedure, Council candidates were
interviewed in alphabetical order, witli Chuck Hafner first, followed by Ben Wick; with each
Councilmember asking each candidatc ihree questions. Al the conclusion of ihe interviews, Deputy
Mayor Schimmels thenkeA [he candidates for applying for this posi[ion, and said the interim council
position appointinent is scheduled to take place at the May 17 council meeting.
Ueputy Mayor Schimmels called for a recess at 730 p.m., and [he meeting was reconvened at 7:43 p.m,
with Mayor Towcy presiding.
6 Shoreline Master Proeram (SMP) Update—G ant Funding Ooo rtu �h�— Lor I3a I
Senior Planner Badow cxplained that the Departmcnt of Ecology (DOG) mcenNy made s[aff aware of a
grant funding opportunity; the legislaturc has funds sufficient to award grants tojurisdic[ions reyuired to
adopt new Shoreline Master Programs by 2013, which category includes Spokane Valley, and that DOE
had indicated they have earmarked up to $125,000 which could be used to help subsidize our existing
budget and she esplained that t6e funding may not be used to offset cas[s previously incurred and may
only be used to pay for tasks, deliverables, or staff time that will be encumbered after 7uly I, 201 I. Ms.
Barlow said thal although we have z contrac[ wi[h URS [o complere tl�e update process, grant monies
could be used to supplement the bud�e[ to pay for [asks or deliverables anticipated to begin after July I,
as well as pay for s[aff [ime associated with [he update, and she said [hat additional projec[s, which would
Council Regular Meeting OS-IU-201 I Nagc 3 of6
ApProved by Council: OSQ4-201 I
benefit tlie SMP update but which were not con[emplated within the scope of work wi[h URS could be
comple[ed with gran[ funds, and said if the Ciry is interested in pursuing the grant, a draft scope of work
must he provided [o DOE by mid May, and she said [hat DOE is committed to providing as much
technical and Financial assistance as possible to ensure we suwessfully complete [he update by [he 2013
timcline, and said if we arc not interested in these funds, we need to inFonn DOE. Planner Barlow also
explained about public acccss, critical areas analysis, sta[e regulations specific to shoreline areas, pros and
cons lo either pursuing the gran[ or nol; the more rigid and lengthy amendmen[ process for shoreline
amendmen[s: D08's willingness [o help and of our need [o give them our answer regarding accepting this
granr, tha[ tliere is no need [o hire an additional wnsultant as staff could menage the additional work
needed, and staffs cost wuld be reimbursed as part of the grant, and men[ion again that wc have
cunsultant URS on board currently.
There was council discussion concerning how [o manage the grant funds, wi[h Ms. Barlow explaining that
ihis is a performance-based grant, where we set up the grant and establish [he [imeGame and deliverables,
wi[h DOE reimbursing us for each dclivereble; so if wc diddt spend all the money, no reimbursemen[
would be required. In response to council question, Ms. Barlow said tlia[ Council has thc option to revise
the entire documen[; that the Shoreline Advisory Group is the volunteer group [o assis[ staFf in developing
lhe initial draft, which goes m the public for comment, Lhen to council For initial accepWnce, at which
point Council will have opportuniry to make changes; adding that s[aff would be bringing council
periodic updates, and she s[ressed there would be numerous opportunities for council to make changes;
that aceeptanee of the grant does no[ tie our hands [o make changes nor does it change DOE's authority.
Councilmember Woodard said he has scrious concerns with DOE's involvement and said there are always
strings attached beyond deliverables, that hc has been watching [he County's process a�d said it is
alarming Ihat the County will end up suing to get the plan acceptcd; and said if we accept additional grant
money, DOE would impose more controis, and said he feels [here are already [oo many controls. Planner
Barlow said the DOE does not have any addifional authority other than wha[ is given m them via [he state
statutes, and would not have more au[hority if we eccep[ed the granT, [het we are not required to adopt this
wrtil 2013, and the DOE wants to ensure our success, and in fact, are using us as a model for many
aspec[s of the plamiing pmcess. Mayor Towey said he feels the posiiives ouhveigh [he negatives as the
grant would allow us to do lot more [han what we are doing now, and Councilmember Gothmann said he
would be in favor of reques[ing staff [o apply for the grant Councilinember Grassel said it appears the
grant would cost us more in the fonn of needcd reports and analysis work by staff, and agrees strings have
been attached wi[h the DOE working with other jurisdictions; and said she would prefer some sort of
legal analysis with someonc expert in shoreline management, tliat she feels we don't have a lot of firtn
information. and said she is reluctant to participate with (he DOE at [his time.
City Manager Jackson said [onighPs intcnl is to see if council would like us to bring this issue back for a
motion, tha[ thc [imcGaine is short, [ha[ he is not happy with short timeframes, bu( said we don't want to
deny [his opportuniry based on a short time Game, but rather preferred m bring the issue to council for
direction. Ms. [3nrlow said that [his erant would iinpose specific timelines on the deliverables, [hat we
have already pmlonged certain phases to get additional informa(ion, and we were free to do that without
am sort of DOF, approval; and if we have an agreement wiHi the DOE, she fully anticipa[es if we submit
nn explanation, Aeadlines could shift, but it would require an additional layer of review to extend [hose
deadlines; adding that our representalive has assured staff [hat this is a fluid document, and changcs occur
frequenlly. Councilmember WooJard said he is not opposed [o having [his come back beforc council,
Mayor Towey and Deputy Mayor Schimmels indicated they would like more informa[ion conceming
those additional aspects of tlie pmject, sueh as public access and critieal areas, and how all [hat fits in
with the goals and policies; and Councilmember Grafos said we wanl to make sure we do this right as
DOE has their own agenda, [hal he would like [o louk al lhis as a mtal project and Ihal [he grant will help
but perhaps we need [o brine in a consul[ant or attorney to give us some guidance as we move along and
as we spend the money. Planner I3arlow e�plained tha[ we alrcady have our expert consultan[; [hat we
cad[ devia[c from guidelines as if we stray too far DOG, who has ultimate authority for approval, DO8
Council Rcgnlar Mecting OS-10-201I Page 4 of6
Approved M1y Comcil: OS-24-2011
wodl approve i[; and that t6e consultan[ we have is [here [o give us technical guidance. Councilmember
Grassel said shc feels DOE is giving [he opportunity for grant money to do addi[ional reports [ha[ are not
required, Iha[ we'd have [o pay for, and said we dodt have figures on how much time and money [ha[ will
wst; and that she has an overall concem the grant money wodt cover aIl the things we need to do, and
that shc feels this would be opening Pandora's Boz. I[ was determined that staff will bring this back for a
motion consideration on [he May 24"' agenda.
7. Permi[ Trackine Svs[em — Marv Kate McGee
Building Official McGee explained that the CiTy currently uses the PLUS pertnit tracking system as
provided tl�rough Spokane County; lha[ it is a sys[em crea[ed by the Counly's Information Services
Departmen[, and the s was scheduled to be retired in 2012; she said thc City and County staff
inves[igatcd six sys[ems and it appears the County is ready to pmwre Nie system's replacement; and she
explained [he onotime wst ro purchase hardware and software is estima[ed at $146,OOQ which includes a
10% contiiigency. and on-going budget allocalion for estimared yearly maintenance cost of the new
Paladin-SmartGov tracking system is approximately $19,300, which is 28%o less [han the alloca[ion for
the current yearly permit tracking sysrem. Ms. MeGee said we have no[ made any obliga[ions a[ [his point
and would like to discuss how m pay for the system as it is not included in tlie current budget, and would
thus likely necessitale a budge[ amendinen[, and said the County has not yet settied on Ihe amount, but
said iF we use Ihe same sys[em as the CounTy, it ensure fumrc ronnectivity. No objections were noted.
8. Developmenl Aereement CPA 02-I I(SC John V iannev) — Karen Kendall
As Councilmcmber Woodard had previously recused himself from [his topic, he left the dias and [he room
at 8:47 p.m. Planner Kendall gave a staWS report on the amcndmcn[ to change [he property from low
density to medium density, and of the concept proposal for a 40-unit seniur housing building; and said
Ihat ac of last week the neighborhood mpresen[ative mfified Calholic Charilies, [he applicant and city
staCf thet they no longer wish to participant in drafting a development agreement; but tha[ Catholic
Charities has eapressed willingness to con[inue to work toward finalization of such an agreement, and
with that in mind, staCf seeks an ex[ension of up to sisry days for additional review, which time includes
time to hold a public heacing including the legal notification process for such hearing. Ciry Manager
Jackson said we are not seeking action tonight, but depending un counciPs desire, we can bring [his back
for a motion considera[ion next week. Mayor Towey said sixty days seems reasonable as tha[ will give
staff additional time to galher morc infonnation so [ha[ council can make a better decision. It was
de[ermined to bring this back next wcek for a mo[ion consideration [o orant up ro an addi[ional sixTy days
for submittal of a development aoreement Councilmember Woodard returned to the meeting.
9. Advance Agenda— Mayor Towey
Councilmember Woodard asked about the Qroadway drywell issue and Mr. Jackson said that it takes
some time to prepare, and stall wants to make sure [hey get the date set intemally prior to placing that on
the advance agenda. The June 21 and August 2 meetings were discussed, and it was decided that Council
will not hoiding council meeiings on those da[es, as June 21 is the AWC (Association of Washington
Cities) conference, and August 2 is National Night Out Mayor Towey also mentioneA that Mako tho fire
dog is scheduled to visit us at tlie May 31 council meeting. Cauncilmember Grafos saiJ he met wi[h a
representalivc of a towing company in our city who has concerns about Ihe agreement the ciTy signed in
2010 concerning towingjunk vchicles, and tha[ the ci[izen was curious if that agreemen[ was wnstmed to
allow Spaulding to have all that business. Attomcy llriskcll said tlic Request for Proposal process was
used including advertising and that he would be happy to sil down and go over [hc procedure with Ihe
ci[izen and Councilmember Grafos. Councihnember Grassel asked about the timing of the May 17 six-
year TIP report and of thc upcoming May 24 public hearing, and Mr. Jackson said there should be enough
[ime to Itold tlte hearing as planned, and if w[, Nie hearing could be pushcd back as needed.
Council ReKWar Mecting OS-10-201 I Page 5 of fi
Approved by Councih OS-24-201 I
INFORMATION ONLY: The "Choose Spokane Va!ley" wps for informa(ion only and was na reparled
ar discussed.
It was moved by �epury Mqyor Schimnre7s, seconded und unanimously aqreed �o adjourn into executive
sessiar j or opproximo(ely nven,ry minutes to �liscass paten(ial ]mrd acquisition and polenlia/ litigation,
and (ha! no rmtion is nnticipated upon return m open sessiorz Couneil adjoumed into executive session at
9:00 p.m. At 922 p.m. Mayor Towey declared council out of executive session; and it was [hen moved
seconded arrd unanimously agreed (o adjourn The mee[ing adjourned a[ approsimately 9:22 p.m.
..�� t ,
ATTEST: - Thomas E. Towey, Mayor
'f
� ' � N
hris[ine Bainbridge, City Clerk
Council Rcgular Meetin� OS-10-201 I Puge 6 of 6
Approved by Cauncil: OS-24-?011
GENERAL PUBLIC COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCII. MEETING
DATE: May 10, 20ll
GENERAL CITIZEN COMMENTS
YOUR SPEAKING TIMF, WILL GENERALLY BF. LIMITED TO THREE MRViITE
Please si n in if ou wish to make ublic comments.
NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE
PLEASE PRQ71' YOU WILL SPEAK ADDRESS
ABOUT
�3a`i,w An,
� ouus . EvP ��.�e�.�e � PK/ /�jG D N+� ��6-5
��° • SV'do� � ,
M l��e� �'l.�'�o.�• N•31z_. n r�l CjZZ�/N./aZ.
St John Vianney (3)
My uame is Bill Mihatic. I live at ] 0824 East Steve Lane, Spokene Valley, WA 99206
I am here once again to give you some food for though[. I wan[ to make it pedec[ly clear
that I do not have the authority ro speak for S[ JoM V iauney or Catholic CLarities. I am
speaking from my heart as a concemed citizen for the plight of [6e poor and needy.
1'tl start with a revisit to tent city. Nowhere in Uus case and the 7udge's decision was
there a limit placed on the number of tents permitted on church properiy. 1 don't think the
opposition would like 15.20,30 or 40 tents with out houses in the'v neighborhood.
They can rest assured that it is not in St John V ianney's plans. The members of the
"Greatest Generation" deserve bettec Permanent housing is the plan.
For a number of yeazs, my &iend, Tom Groce and 1 hauled boxes from the liquor s[ore to
the Valley Parmers food distribudon center. We did tlils weekly. By the uumber of boxes
generated, this had to add to the Uaffic on Walnu[ Sheet. Perhaps more so tF�ar� the
proposed housing.
I too, at one time protested a development of some 80 houses in my neighborhood
because of added traffic that would block my egress incase of ano[her firestortu like tha[
of 1991. However, the pertnit was granted. Today, there are about 30 houses buil[. I have
yet to be delayed by trattic, even with [he current coustruction. The contractors have been
more than accommodazing in keeping the road open.
At the Dishman Hills fire we vacated our home. Thece were no riaffic jams. Upon
retuming to om home the next day Officers were at bo[h crossings to the Ponderosa area.
We showed our identification and were pertnitted [o proceed. There was no looting of the
vacant houses.l'he event was playbook perfect.
[ envisiou a quiet and uneventGil situation with the housing ou St John Vianney properiy.
When did I have such a fervent desire to help the poor and needy? It probably started in
1946 when my ship docked in Sasebo, Japan. I visited Negasaki and saw the devastalion
of the area whete ihe atomic bomb was dropped. I saw the open sores on the faces of the
lapanese people. This wasn't their war. It was Tojds war. I will never forget Ihose poor
P�PIe.
1 leave you with these words, `[ solemuly swear that I will uphold the Consritution of
these United States, so help me God"
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