2005, 02-22 Special Meeting MinutesMINUTES
City of Spokane Valley
City Council Special Meeting
February 22, 2004 8:00 a.m.
Mayor Wilhite called the meeting to order at 8:00 a.m.
Attendance:
Cuuncilmernhers:
Mayor Wilhite
Councilmember Schimmels
Councilmember Taylor
Councilmember Denenny
Councilmember DeVleming
Absent:
Deputy Mayor Munson
Councilmember Flanigan
StatT:
Nina Regor Deputy City Manager
Cary Driskell, Deputy City Attorney
Chris Bainbridge, City Clerk
Others: Mike Huffman, Valley News Herald
TOPIC: To consider a motion to authorize the City Manager or designee, to sign a letter to the
Department of Ecology relating to terms under which the City would agree to withdraw the Use
Attainability Analysis Petition.
Mayor Wilhite announced that this morning's meeting concerns the Use Attainability Analysis.
In response to a motion request from Mayor Wilhite, it Iva moved by Coanrcihnember Taylor, seconded
by Councilmember Denenny, and unanimously agreed upon to excuse Deputy Mayor Munson and
Councilmember Flanigan from this meeting as they were unable to attend.
ROIL CALL: City Clerk Bainbridge called roll; all present except. excused Deputy Mayor Munson and
Councilmember Flanigan.
In regard to the Use Attainability Study, it was moved by Mayor Wilhite and seconded by Cotutcilmember
Schimmels to authorize the City Manager or designee to sign a letter to the Deportment of Ecology
relating to the terms under which the City would agree to withdraw the Use Attainability Analysis
Petition without prejudice.
Deputy City Manager Regor explained the background of the petition, and stated that there has been
further activity including a regional meeting last Wednesday afternoon; that at that meeting,
approximately 50 people and interested parties went through the terms of a draft letter that itemized the
conditions under which the regional dischargers would agree to voluntarily withdraw the UAA (Use
Attainability Analysis) petition without prejudice, pending negotiations of load levels within the draft
TMDL (total maximum daily load) report, and the development of a comprehensive Use Attainability
Analysis report; she said Council now has before it a draft letter which is due to go out at noon today.
Ms. Regor said that originally this matter was scheduled for this evening's regular council meeting which
was based upon the deadline the dischargers agreed to withdraw the petition, which is February 25; that in
the process of negotiating and discussing the conditions under which the dischargers and the DOE
(Department of Ecology) could agree to the voluntary withdraw, it became evident that the withdraw
would need to take place the day prior to the deadline or by 5:00 p.m. February 24, 2005; and backing
Council Minutes: 2 -22 -05 Page I of 3
Approved by Council: 03-08-05
into that timeline, the deadline for sending this letter out is noon today. Ms. Regor explained some of the
terms and mentioned that there have been some minor changes and she proceeded to outline the
conditions contained in the letter; and explained that "without prejudice" means that if as part of this
whole process, we determine it is still in our best interests to re- institute the petition, we have the right to
do SO.
Ms. Regor mentioned there were also a few changes in the February 18, 2005 letter:
1. page 2, third bullet regarding the Use Attainability Analysis — that has been broken out into a
separate number rather than a sub - bullet of #3;
2. page one in the introductory section, bottom of paragraph one addressing the topic of the
Spokane River segments not being on the 303(d) list of "impaired waters" for dissolved oxygen — that
sentence has been removed from the final version that they propose sending. Ms. Regor said that the EPA
representative at last Wednesday's afternoon meeting indicated that he did not see the connection between
being on the 303(d) list since we were already there, and tying that in to the negotiation of the TMDL. and
the UA.A for future use of the River.
Ms. Regor then asked if Deputy City Attorney Driskell could clarify the motion, and asked if the motion
implied that the City Manager or designee is authorized to actually sign the withdraw authorization if the
conditions are met. Deputy City Attorney Driskell stated that he feels that would be implied by
authorizing the City Manager or designee to sign the letter, but for clarity's sake, it might be better to
modify the motion to state that the notion would authorize the City Manager or designee to sign the letter
outlining the conditions upon which the petition would be withdrawn. Mr. Driskell also suggested
Council consider authorizing the City Manager or designee to actually sign the withdraw of the petition if
all of these conditions are substantially met.
Councilmember DeVleming asked how this limits us on what we can do in the future as the bullet on
page two states that "limitations based on the County constructing and operating a final effluent filtration
wastewater treatment plant for at least 20 years" — and asked if that locks us in with the County's time
period. Attorney Driskell stated that regarding assumption, that would not keep us from assuming.
Councilmember DeVleming also asked how this would affect the loan that DOE. was promising the
County. Ms. Regor said that the loan was not mentioned in this process and staff does not have those
details. Councilmember Denenny stated that the loan itself was withdrawn and is back up for bids, so we
would have to re -apply because of the time frame. Mayor Wilhite invited public comment; no comments
were offered.
Vote on motion to authorize the City Manager or designee to sign a letter to the Department of Ecology
relating to terms under which the City would agree to withdraw the Use Attainability Analysis petition
without prejudice: Vote h_v Acclamation: In Favor: Unanimous. Opposed: !None. Abstentions: None.
Motion curried
It was moved by Councihnernber Denenny and seconded by Councihnember Taylor to authorize the City
Manager or designee to authorize signing of the withdraw petition if all conditions as set forth in the
prior approved letter are substantially met.
Councilmember DeVleming asked how the word "substantially" would be defined. Deputy City Manager
Regor said that given the timeframe, staff can return to Council if there are substantial changes. Deputy
City Attorney Driskell added that he can anticipate that not everything will be exactly as set forth in the
letter, but will be close and everyone will be able to recognize substantial changes if there are any, and if
Council does not feel comfortable with that; we could set up a second council meeting. Councilmember
Denenny said regarding the word "substantial," one should examine the intent of the letter, which is to
allow a window of opportunity for negotiations to occur; a schedule for implementation that allows for
Council Minutes: 2 -22 -05 Page 2 of 3
Approved by Council: 03 -08 -05
financing long enough and other than word- smithing, to allow the intent to move along through
negotiations with implementation. Mayor Wilhite added that we want to ensure that the River continues
toward clean -up; and one of the big pieces is that we want to be able to get a waste load allocation so that
we can move forward with the process of building the wastewater treatment plant; and that in regard to
the word "substantial that Council and staff would rely upon Councilmember Denenny to monitor the
process. Councilmember Denenny mentioned that if there were substantial changes in this or changes
which altered the intent, notification of Council would be made and if strong enough changes, the issue
would need to be re- visited.
Ms. Regor said that if the items listed in the letter are not addressed in some form, that would be
considered a substantial difference, especially when examining the bulleted items under the current 43.
Councilmember Denenny said that changes will occur as other jurisdictions examine this; and as they
come back he doubts if anyone who has been involved in this will do anything other then try to strengthen
this. Ms. Regor said if we are to agree to the withdraw from the petition, that withdraw needs to be
accomplished by 5:00 p.m. Thursday; and once DOE has received this letter, they have 24 hours to decide
how they will respond; which we foresee occurring Wednesday. Councilmember Denenny added that it
appears there is a timefi in place that if there are substantial changes it would be forwarded back to
Council for additional review; that this letter must be in by noon today and all the remaining elements
must be accomplished by 'Thursday. Mayor Wilhite said that DOE has stated that they would slake a
determination by Friday; and if they should not agree to one of the provisions, this issue can be put: back
on Council's agenda for Tuesday. Ms. Regor stated that they have agreed to this tight timefrarne in which
to respond and will respond within 24 hours of receipt of this letter, and staff will inform Council by the
end of the day tomorrow what, if any, response was received from DOE. Councilmember Taylor stated
that if there is any change, that according to 41 on the letter "the UAA petition can be resubmitted by an
individual Petitioner or all of the Petitioners at any time without additional data or analysis."
Vote on /lotion to authorize the City Manager or designee to authorize signing of the UAA withdraw
petition if all conditions cis set forth in the letter are substantially met. Vote by Acclamation: ht Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
It was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:25 a.m.
AT
ristine Bainbridge, City Clerk
Council Minutes: 2 - 22 - 05
Approved by Council: 03 -08 -05
0- l.o,tt W6i7oL
Diana Wilhite, Mayor
Page 3 of 3
SFOxa�E
Dear Mr. Peeler:
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444.41446719181129
Mr. David Peeler
Water Quality Manager
Washington State Department of Ecology
P.O. Box 47600
Olympia, WA 98504
Fax: (360) 407 - 6426
Email: dpee461@ecy.wa.gov
Spokane
®'Oral ley
February 22, 2005
VIA EMAIL AND FACSIMILE - ORIGINAL TO BE ]MAILED
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Thank you for your recent communication with us regarding the petition for adoption,
repeal and /or amendment of administrative regulations WAC 173 -201 A -600 and WAC 173 -
201A 602 (the "UAA Petition "). We understand the deadline for the Department to take
action with regard to the UAA Petition is February 25, 2005. Ecology has proposed that the
Sponsors of the UAA (the "Petitioners ") and Ecology agree to a course of action that will
facilitate negotiations between the Petitioners and Ecology to resolve the Petitioners'
concerns with draft Submittal Report for the Spokane River Dissolved Oxygen Total
Maximum Daily Load dated October, 2004 ("Draft TMDL").
The Petitioners are prepared to voluntarily withdraw the UAA Petition, provided
that on or before February 24. 2005, the Department and the Petitioners reach written
agreement that contains the following terms:
1. The Petitioners' will voluntarily withdraw the U.AA Petition by 5 p.m., February
24, 2005, "without prejudice." The UAA Petition can be resubmitted by any
individual Petitioner or all of the Petitioners at any time without additional data
or analysis. The UAA Report will remain as part of the administrative record for
both the TMDL and the UAA.
2 . Upon receipt of a letter from all Petitioners voluntarily withdrawing, without
prejudice, the UAA Petition, Ecology will voluntarily hold the Draft TMDL in
abeyance during the negotiations so long as the UAA Petition remains
withdrawn. Ecology shall provide written confirmation of the abeyance of the
Draft TMDL to the Petitioners, via email or fax communication to John Spencer,
at (spence2@CM2M.com, or FAX 425 -08- 3:100.
3. 'Following withdrawal of the UAA Petition and abeyance of the Draft TMDL , the
Washington Department of Ecology Water Quality Program Manager, or the
Director of the Department of Ecology, and the Petitioners will negotiate, in
good faith, a TMDL implementation plan that will achieve the following
objectives:
Mr. David Peeler
Page 2
February 22, 2005
• Provide a waste load allocation in the Spokane River for Spokane
County's new sewage treatment plant, with waste load allocations and
NPDES permit effluent limitations based on the County constructing and
operating a final effluent filtration wastewater treatment plant for at least
20 years.
• Provide implementation schedules for each municipal and industrial
Petitioner that allows sufficient time for reasonable capital debt
redemption for Petitioners to implement final filtration or equivalent
technology.
• Develop a joint agreement to implement a watershed based phosphorus
non -point source control program.
• Cooperate in the development of other phosphorus reduction
opportunities including but not limited to water re -use and conservation
strategies.
Ecology will proceed in a timely manner to reissue or administratively extend all
expired and expiring NPDES permits to authorize continuing municipal and
industrial discharges by the Petitioners based on existing permit conditions and
technologies pending the adoption of a final TWA..
5. Ecology will collaborate with Petitioners to develop a comprehensive Use
Attainability Analysis for the Spokane River by August 31, 2005, and, if
appropriate, Ecology wilt initiate the rulernaking process by December 31, 2005.
The UAA Petitioners welcome the Department of Ecology's interest in constructive
discussions to achieve significant and meaningful improvements to the Spokane River water
quality. We are prepared to commit to aggressive and good .faith negotiations to
expeditiously resolve the pending UAA and TMDL issues. We look forward to hearing from
you quickly. In the interest in facilitating communications, please direct fur ther
communications to John Spencer at Ispence2@CH2M.com, or FAX 425 -468 -3160 who will
provide your response to the Petitioners.
4.
UAA Sponsors and Petitioners:
[Signatures Here]
Sincerely,
cc: Gov. Christine Gregoire (via email and facsimile)
Tom Fitzsimmons, Chief of Staff (via email and facsimile)
Linda Hoffman, Director of Ecology (via email and facsimile)
Jay Manning, Incoming Director of Ecology (via email and facsimile)
Ronald Lavigne, Assistant Attorney General (via email and facsimile)
2
Mr. David Peeler
Page 3
February 72.2005
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