2008, 10-14 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 146th meeting.
Attendance:
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, October 14, 2008
City Staff.
Dave Mercier, City Manager
Mike Jackson, Deputy City Manager
Mike Connelly, City Attorney
Mike Stone, Parks & Rec Director
Ken Thompson, Finance Director
Kathy McClung, Community Development Dir
Rick VanLeuven, Police Chief
Greg McCormick, Planning Manager
Inga Note, Traffic Engineer
Neil Kerstcn, Public Works Director
John Whitehead, Human Resources Manager
Carolbelle Branch, Public Information Officer
Bill Miller, 11' Specialist
Chris Bainbridge, City Clerk
INVOCATION: Pastor Brian Prior from Episcopal Church of the Resurrection gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was proved by Councibnember Taylor, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: nla
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Wilhite: reported that she attended the Spokane Valley Business Association meeting
where Mr. Stone gave a presentation on parks; that the insurance Commissioner invited her to participate
in the Health Care Committee to discuss what state legislators might propose for next session; and that
she was invited by Avista to attend a luncheon with the Governor of New Mexico who served as
Secretary of Energy under former President Clinton.
Councilmember Gothmann: stated that along with Councilmember Wilhite, he attended the conference on
Aging; attended the HCDAC meeting there they distributed one million dollars of home funds to be used
for low income housing; along with Councilmember Wilhite attended the Valley Meals on Wheels
Appreciation Dinner; and the Spokane Regional Health Department budget meeting where they discussed
that funds received from the state have been fairly flat in total dollars and as a result the alcohol and drug
assessment will no longer receiving funding.
Councilmember Dempsey: said she attended the Spokane Valley Business Association meeting; the
Spokane Regional Policy meeting where they heard an update on the ten -year plan to end homelessness
and of the efforts to involve businesses; and attended a Life Services Desert where Michael Reagan spoke
concerning counseling services.
Council Regular Meeting: 10 -14 -08
Approved by Council: 11-18-08
Page 1 of6
Councilmember Schirnmels: reported he attended the recent Solid Waste Liaison Board Meeting.
Councilmember Taylor: explained that he attended the Annual Meeting of Greater Spokane, Inc. as well
as the annual meeting of the Valley Chamber; and a collaborative grant meeting at Mirabeau Point.
Deputy Mayor Denennv: reported that he attended a Valley GS1 meeting where he was asked to fill in for
Greg Beaver as Spokesman for the Valley for Leadership Spokane on their economic development tour,
which he mentioned was nicely supported by staff as many people did not know about the
Sprague /Appleway Revitalization Plan and said they spent time at University City area discussing our
vision of development by creating a City Core, adding there was good feedback; and said that he is
scheduled to attend a Health Board meeting this Friday to interview the Health Officer candidate.
MAYOR'S REPORT:
Mayor Munson reported that he attended the STA Operations and Administrative Committee meeting
where they discussed the implications of a budget which might not have as much as hoped, and
mentioned the ramifications of the lowered sales tax revenues, adding that he was impressed with the
level of professionalism of the STA staff toward the effort to provide the needed level of service; that he
presented to the Greater Spokane, Inc., the Spokane Valley's approved, initiative legislative agenda and
added the agenda item concerning the EPA changing the rules again for how to develop a wastewater
treatment plant (WWTP); he attended an Avista dinner where the same message was given to others
concerning asking for assistance to resolve this EPA, WWTP dilemma or risk a development/building
moratorium; he mentioned the new Municipal Transportation Caucus committee; stated he participated in
the climate control committee teleconference where AWC made it clear we will not vote for any climate
change measure that does not provide measurable outcomes that has a cost associated with it and which
the state legislature has funded; and mentioned his upcoming October 17 meeting in Seattle to discuss
those issues.
PUBLIC COMMENTS: Mayor Munson invited general public comment; no comments were offered.
I.. PUBLIC FIEARING: Proposed 2009 Budget — Ken Thompson
Mayor Munson opened the public hearing at 6:20 p.m. and invited Finance Director Thompson to the
podium. Mr. Thompson stated that this is the last public hearing for the 2009 budget; that although the
budget is for $111 million; the actual expenditures will be closer to $46 million; he mentioned the
slowing economy and said sales tax revenues are down, property tax revenues are up, gambling tax
revenues are down as it appears the local casinos are having difficulty competing with the larger casinos
in the outlying areas; explained the expenses including the loan to the street fund, replenishing the winter
weather reserve; and the allocation of $400,000 for records management. There was brief mention from
Mayor Munson of the planning in the budget for a building moratorium, and Mr. Mercier mentioned that
Bruce Rawls is scheduled to report to council toward the end of this month concerning treatment facility
capacity, and we hope to have information at that point. Mayor Munson invited public comments; no
comments were offered and Mayor Munson closed the public hearing at 6:30 p.m.
2. PUBLIC HEARING: Community Development Block Grant — Greg McCormick
Mayor Munson opened the public hearing at 6:31 p.m. and invited Planning Manager McCormick to the
podium. Mr. McCormick reviewed the proposed projects eligible for funding: (1) Clement Sewer Project
(full width paving in conjunction with County sewer project); (2) installing ADA (America's with
Disability Act) improvements on the recently completed street improvements on Dishman -Mica Road,
Montgomery Road, and Euclid to meet federal accessibility requirements; and (3) of the self - assessment
study of ADA compliance. There was brief discussion concerning the set aside amount of $300,000 and it
was mentioned that amount is set aside for capital projects without the need for us competing with other
jurisdictions, but we are still eligible to compete in other categories. Mayor Munson invited public
comment; no comments were offered and Mayor Munson closed the public hearing at 6:35 p.m.
Council Regular Meeting: 10 -14 -0S Page 2 of 6
Approved by Council: 11 -18 -08
3. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Approval of Claim Vouchers 15631 - 15695 totaling $283,500.85
b. Payroll for pay period ending September 30, 2008: $331,952.81
c. Approval to Apply for Re- Licensing Grant
d. Approval of Council Meeting Minutes of September 9, 2008
e. Approval of Council Study Session Meeting Minutes of September 16, 2008
f. Approval of Council Meeting Minutes of September 23, 2008
g. Approval of Council Study session Minutes of September 30, 2008
h. Approval of Council Study Session Minutes of October 7, 2008
Councilmember Gothmann asked that Consent Agenda Item #3e be removed to discuss separately. It was
then moved by Deputy Mayor Denenny, seconded, and unanimously agreed to approve the consent
agenda except item #3e.
Regarding item #3e, Councilmember Gothmann mentioned page 4, last sentence of item 7 of the draft
September 16 minutes state that Mr. Gothmann suggested "that prior to the start of negotiating a new
contract for the Sheriff's Office, that Council meet with the Sheriff's Office to discuss relevant issues."
Mr. Gothmann said that is just not true; and he read the verbatim transcription of that meeting provided
by City Clerk Bainbridge:
". . . and again, I'm not particular of the time in when I'm talking about the month or
whatever, i do think that we as a Council need to meet before we start negotiating a new
contract with the sheriff, and just make sure that we're all on the same page 1 think it would
be helpful to the Council and helpful to the City Manager, and 1 just want to put a caveat that
we have a meeting to discuss issues relative to the sheriffs contract prior to the time of going
into negotiations. i know that I think, well, let me just stop there."
Councilmember Gothmann said to leave the record as is suggests that he made an unethical and illegal
suggestion; and in keeping with those verbatim remarks, Councilmember Gothmann moved to amend the
minutes to have that last sentence read: "Councilmember Gothmann suggested that `we as a Council
need to meet before we start negotiating a new contract with the sheriff.' " Council vote by acclamation
to amend the minutes ii'as unanimous; followed by unanimous Council vote by acclamation to approve
the September 16, 2008 minutes as amended.
NEW BUSINESS: (items were discussed in the order shown
5. First Readii� Proposed Ordinance 08 -022 to Amend Appeal Procedures — Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded to suspend the rules and adopt the ordinance to amend Council appeal procedures. City
Attorney Connelly explained that the purpose of this ordinance is to correct a scrivener's error wherein
Appendix B should have been Appendix C, with that appropriate document attached; and added that the
change in this from the previous version is the added sentence about a tie vote indicates an unsuccessful
appeal. Mayor Munson invited public comments; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None, Motion carried
4. First Reading Proposed Interim Emergency Code Ordinance 08 -021 — Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was proved by Councilmember Taylor and
seconded to suspend the rules and approve Ordinance 08 -021, title 20 emergency code amendments.
City Attorney Connelly explained that this change, which would be effective immediately upon adoption,
addresses a requirement for the location of survey points which was not achievable, and electronic fling
which was not practical, that. the surveying required was expensive, and to staff's knowledge, only one
local survey company is able to perform such surveying; therefore staff proposes to remove the
requirement to submit an electronic map for preliminary subdivisions since it is not necessary at that stage
Council Regular Meeting: 10 -14 -08 Page 3 of 6
Approved by Council: 11 -18 -08
of the development. Community Development Director McClung clarified that there are two
amendments: one to provide electronic copy of the plat at the preliminary plat stage; and the other
regarding the survey required for the final plat stage. Mayor Munson invited public comments; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: Drone. Abstentions:
None. Motion carried
6. First Reading Proposed Ordinance 08 -023 Adopting 2009 Budget — Ken Thompson
After City Clerk Bainbridge read the Ordinance title, it was moved by Councilmember Wilhite and
seconded, to advance Ordinance 08 -023 to a second reading. Finance Director Thompson mentioned
there are a few changes to be made prior to the second reading; including the fourth "whereas" clause
regarding "all allowances"; that the street fund will be slightly decreased; and he mentioned in general
that the original $300,000 shortfall estimate in sales tax will be closer to $600,000, and could be more by
the time we get to the end of the year but that he feels it is not a significant problem as there are budget
reserves for revenues adjustments. City Manager Mercier mentioned the contingency and reserve funds
on page 62. Mayor Munson invited public comment; no comments were offered. Councilmember Taylor
asked for additional information as he explained there are several large items slated for 2009, including
the SARP, shoreline inventory, updating the shoreline piaster program; perhaps a law enforcement
contract; and with that in mind, he proposed that the $50,000 traffic impact fee item be removed from the
2009 budget, keeping in mind that a budget can be amended at any time. Mr. Mercier added that a full
traffic impact fee could actually stretch to more than $300,000 and that the $50,000 was an estimate for a
partial impact fee study as school units generally undertake their own study. It was then moved by
Councilmember Taylor and seconded to remove the impact study fee line item under general government,
from the 2009 budget. There was brief council discussion on this proposed change, with a reminder the
budget can be amended later if necessary. Vote to amend the motion: In Favor: Deputy Mayor Denenny,
and Councilmembers Schimmels, Taylor, Gothmann, and Wilhite. Opposed: Mayor Munson and
Councilmember Dempsey. Abstentions: None. Motion to amend the motion passed. Vote by Acclamation
on the amended motion to advance ordinance 08 -023 to a second reading as amended (by removing the
impact fee study line item): In Favor. Unanimous. Opposed: None. Abstentions.: None. Motion carried.
1t was also noted there are several typographical errors that will be corrected prior to the second reading,
including changing page 73 from "University Park" to "Universal Park."
7. Motion Consideration: Ado tion of CDBG — Gre McCormick
Planning Manager McCormick explained that staff is preparing the materials to submit to Spokane
County as noted on his October 14, 2008 Request: for Council Action, including the project fir an ADA
Accessibility Self - assessment study grant in the amount of $20,000. After brief discussion on the set
aside amount of $300,000; and that the second project of "various street projects" could itself amount to
the $300,000; it was moved by Councilmember Taylor and seconded, to direct staff to prepare CDBG
applications for the Clement Sewer Project, various street projects with ADA component, and ADA
accessibility self - assessment study. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
8. Motion Consideration: Shannon Avenue Parking — Neil Kersten and inga
Traffic Engineer Note explained that this proposal is a result of a request from the East Valley School
District to restrict parking in the Shannon Avenue cul -de -sac east of Pines Road; that the District uses
larger buses on that route and they have experienced difficulty maneuvering in the cul -de -sac when
parked vehicles are present; but are able to maneuver the turn- around without additional backing when
there are no parked cars; and the concern is that the bus may have to back out over 800 feet to exit the
dead end street. Ms. Note explained that the Model Traffic Ordinance gives authority to the Traffic
Engineer to establish No Parking zones for distances up to 100 feet; but a no parking zone in excess of
that must be authorized by Council, which is the case here as the no parking zone would be 330 feet. Ms.
Council Regular Meeting: 10 -14 -08 Page 4 of 6
Approved by Council: 11 -I8 -08
Note also mentioned that the request is to restrict parking between 7 a.m. and 4 p.m., which was not
explicitly stated previously.
Councilmember Gothmann asked for comment from the fire chief concerning whether this request would
be needed twenty -fours a day. Chief Thompson said it would be difficult for him to comment on, and that
he would need to ask the fire prevention crew to review the area but said the longest vehicle is over 36
feet, but has all -steer so the rear wheels turn in conjunction with the front to get a tight turn.
Councilmember Gothmann suggested approval of the proposal and leaving the hours to staff and the
police chief to decide. Councilmember Dempsey stated that she feels this is over- regulation; that she
drove her 35' motor home in that area and did not have any problem; and suggested having no parking on
the south and east and still allow some vehicles to park on the north and west side. In response to
question from Mayor Munson, Ms. Note said they do not know how many vehicles park in that area as
they have not conducted a survey, but rely on the word of the school district that it is an issue. Deputy
Mayor Denenny said he is not willing to risk safety or question the accuracy of the school district
comments. 11 was moved by Councilmember Gothmann and seconded to restrict the parking in the
Shannon Avenue cul -de -sac to permit safe and efficient maneuvering of school buses and to leave the time
of day of restriction up to staff as they consult with the local fire district. Mayor Munson invited public
comment; no comments were offered. Vote by Acclamation: Inr Favor: Mayor Munson, Deputy Mayor
Denenny, and Councilmembers Schimmels, Taylor, Wilhite and Gothmann. Opposed: Councilmember
Dempsey. Abstentions: None. Motion carried.
9. Motion Consideration: Argonne /Indiana Intersection —Neil Kersten
Traffic Engineer Note explained that Council was previously given information regarding this
intersection, along with a recommendation from staff to extend the medium and eliminate the northbound
left turn movement; and that Council indicated a preference for signing the intersection as "No Left Turn"
in lieu of the median, and asked for additional information regarding capacity. Ms. Note stated that since
the last report, there have been several additional accidents, and said she does not know the nature of
injuries; and that staff recommends restricting the northbound lane movement by extending the medium,
but still allow the southbound left turn into the businesses as indicated in her drawing. Ms. Note also
mentioned that staff sent letters to impacted businesses, and they received a letter from the Advanced
Dermatologists requesting changes to the signal timing at Argonne and Knox to increase direction of the
northbound left turn lane; and she said that change was accomplished but staff has not noticed if that
improved the situation; she mentioned also that Nest Valley School District favors installing the medium;
and that staff also received a recommendation to put up the directional signage for Marie Callenders and
Motel 6 to be consistent with the freeway signage. It was moved by Deputy Mayor Denenny and
seconded, to put the signs at limiting the hours of turn restrictions to Monday through Friday. 7 a.m. to 6
p.m., with an additional sign indicating to use the signal at Knox for left -hand turn on the intersection.
Mayor Munson invited public comments.
Dan Barbieri, of Marie Callenders Restaurant, 2111 N Argonne: he said extending the medium would
force traffic to go to Knox and turn off on Hutchinson, and will impact businesses on both sides of
Argonne; that it would be confusing to customers; would have a detrimental impact to sales and tax
revenues; that we are looking at only nine or ten accidents over the last year; that a certain traffic pattern
causes these accidents; and said perhaps the holding cell is not long enough; adding that hundreds of jobs
could be affected and said we are only dealing with rush hour traffic as other hours present no problem;
and said that most accidents are a result of poor driving skills.
Discussion included question from Deputy Mayor Denenny if it is possible to monitor the amount of
traffic going into Knox, or the backup or amount increased by restricting this; and Mr. Kersten said they
could watch the activity and Ms. Note can adjust the timing of the left turn to allow more traffic. Other
comments included the suggestion of restricting the right turn on red on the east -bound Knox traffic;
Council Regular Muting: 10 -14 -08 Page 5 of 6
Approved by Council: 11 -184)8
mention that the heaviest traffic is generally between 7 -9 a.m. and 4 -6 p.m.; that U -turns are allowed but
typically not posted; mention from Mr. Kcrsten that Chief VanLeuven supports the closed intersection;
and that Council is willing to give this a try but wants all aspects monitored to see how Knox handles the
traffic and if people obey the signs. Vote by Acclamation: In Favor: Mayor Munson, Deputy Mayor
Denenny, and Councilmembers Schimmels, Dempsey, and Gothmonn. Opposed: Councilntembers Taylor
and Wilhite. Abstentions: None. Motion carried.
10. Motion Consideration: Bid Award, Senior Center Demolition — Mike Stone/Neil Kcrsten
It was moved by Councilmember Wilhite and seconded, to award the contract to the low bidder Larson
Demolition in the amount of $101,179.36. Mr. Kcrsten explained that bids were received and the low
bidder for this contract is Larson Demolition and that the bidded amount is within budget. Regarding the
intended use of the land once the building is demolished, Mr. Stone said the intent is to put some activity
there that would compliment the park, perhaps a skate park or other function, that the intent is not to leave
the area vacant, but no formal decision has yet been postulated. Mayor Munson invited public comment;
no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions.:
None. Motion carried.
PUBLIC COMMENTS: Mayor Munson invited general public comments; no comments were offered.
AI)MIINiSTRATIVE REPORTS:
11. Comprehensive Plan Quarterly Update — Greg McCormick
Planning Manager McCormick explained that the November 1 deadline is fast approaching for the 2009
comp plan amendment cycle; that they met with three applicants regarding potential map amendments,
although no actual applications have been received yet, and that staff anticipates receiving at least two of
the prospective applications. Brief discussion ensued regarding annexation, of the County's needing to
complete a portion of their GMA planning and officially designate UGA areas to the City before
annexation can be considered; that comprehensive plan changes must include the acceptance of the JPAs;
and that last year's amendments identified contiguous growth areas, similar to what Liberty Lake did
prior to their annexations, adding that we have moved as far as possible in identifying future annexation
areas. City Attorney Connelly also mentioned that state law requires it to be within a UGA and that
annexation must be consistent with the comp plan; and that the capital facilities plan is not clearly
addressed in state statute. Mr. Mercier mentioned that Spokane County previously believed there were
some prohibitions in the County Wide Planning Policies that would prohibit activities until UGA's were
attributed to a community; but he said that we don't necessarily agree with that stance.
INFORMATION ONLY: The Code Compliance Related Ordinance Amendment (graffiti and Uniform
development Code) was for information only and was not reported on or discussed. Deputy Mayor
Denenny mentioned the graffiti ordinance and the desire of not penalizing the property owner; and City
Attorney Connelly stated he would e-mail Council an explanation of that issue.
There being no further business it was moved by Councilmember Taylor, seconded and unanimously
agreed to adjourn. The meeting adjourned at 7:55 p.m.
ATTEST:
Christine Bainbridge, ity Clerk
Council Regular Meeting: 10 -14 -08
Approved by Council: 11-18-08
ayor
Richard t 'nson
Page 6of6
NAME
PLEASE PRINT
TOPIC OF CONCERN YOU
ADDRESS
TELEPHONE
WILL EVAE.Millgrill
N (SasQS1 t2 ‘
- Tt.icV. t j., r Y
N gm Ar .-d k _
`) z 4/123
!GENERAL PUBLIC COMMENT
SIGN -IN SHEET
f
!.1110 .01 gl
SPOKANE VALLEY CITY COUNCIL MEETING
DATE: October 14, 2008
OFTINICRA L MUM (El
IV )
YOUR SPEAKING TLVEE WILL BE LIMITED TO THREE MINUTES
Conferences
Departments Professional srvs Travel/Traininq Registration
Legislative 36,000 (1) 38,822 (2) 9,100 (11)
Executive 31,000 (a) 16,850 7,000
Legal 5,000 3,500 3,000
DCM 50,000 (5) 5,200 1,000
Finance 6,000 (10) 6,000 2,000
HR 30,000 (6) 30,500 (7) 350
PW 125,000 (8) 21,000 2,144
CD 315,000 (9) 19,900 20,000
P & R 11,000 1,650
Gen Gov 102,000 (3)
Total 70 0, 000 152,772 46,244
Details
City of Spokane Valley
2009 Budget - Expense Detail
(1) Lobbyist
(2) Travel & conferences for Council Members
(3) IT network support $52,000, Impact fee study $50,000
(4) Outside legal assistance
(5) Citywide consulting, Translation, Temp help
(6) ID cards, Physical Exams, Background, Legal srvs, Reclassification
(7) City Wide Education & Training
(8) Decanting facility consultant $75,000; Engineering & Architectural unanticipated consultant srvs $50,000
(9) Shoreline inventory$145K, SARP architect$20K, SARP website$10K,(CH2MHiIl flood plan review, DEA surrey $125k
Extra ordinary Engineering reviews $15,000
(10) Accounting
(11) AWC $2,800, NLC $6,300