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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