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2011, 12-13 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,December 13,2011 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, City Attorney Bill Gothmann, Councilmember Kelly Konkright, Deputy City Attorney Dean Grafos, Councilmember Neil Kersten, Public Works Director Brenda Grassel, Councilmember John Hohman, Community Dev. Director Chuck Hafner, Councilmember Mike Stone, Parks & Recreation Director Arne Woodard, Councilmember Mark Calhoun, Finance Director Scott Kuhta, Planning Manager Marty Palaniuk, Planning Technician Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Al Hulten of Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 419 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll, all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded, and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the STA (Spokane Transit Authority) Board meeting where they discussed the 2012 budget and said STA will be examining some different and/or additional routes in the future. Councilmember Grassel: said her committee meetings were cancelled and therefore, she had no report. Deputy Mayor Schimmels: attended the SRTC (Spokane Regional Transportation Council) meeting, a Solid Waste Advisory meeting, a Chamber of Commerce Transportation Meeting, and went to the Spokane County Wastewater Opening Ceremony at the new plant. Councilmember Grafos: said he attended the Greater Spokane Inc. Economic Emphasis breakfast where speakers talked about the need for aircraft mechanics, and discussed what prompts Fortune 500 companies to come to an area. Councilmember Gothmann: attended a SNAP Board meeting; went to the Valley Meals on Wheels open house at their new location; attended the TIB (Transportation Improvement Board) meeting where he learned Spokane Valley was granted funding for two road projects but was not awarded funding for any of the sidewalk proposals; went to the Spokane County Wastewater opening ceremony at the new plant; attended a Health Board meeting where they elected a new committee chair and recognized outgoing elected officials; attended the tree lighting ceremony in Spokane Valley; went to the George Sly memorial; the 9-1-1 Board meeting; and said he received notice in the mail about social security recipients receiving a 3.6% raise effective January 1. Council Regular Meeting 12-13-2011 Page 1 of 9 Approved by Council: 12-27-2011 Councilmember Woodard: said he attended the Meals on Wheels opening of their new building; went to the GSI (Greater Spokane, Inc.) and Health Care legislative forums at the Davenport; attended the Boy Scouts/Rotary Tree lighting and the open house for the Spokane County Wastewater new facility. MAYOR'S REPORT: Mayor Towey reported that he also attended the Wastewater Plant opening ceremony; the Meals on Wheels Open House; the Board of Health meeting where they recognized outgoing Councilmember Bill Gothmann and others for their service; went to the tree lighting ceremony and commended the children from Sunrise Elementary for a their wonderful singing; said he met with Spokane County Commissioner Richard; attended the Mayor's Conference in Olympia with approximately seventy other mayors and where legislators spoke about the realities of our state's budget condition; met with legislators while in Olympia concerning possible state budget cuts that would affect our city, such as the liquor excise tax and streamlined sales tax mitigation; and met with the Superintendent of Central Valley School District, as well as outgoing Liberty Lake Mayor. PUBLIC COMMENTS: Mayor Towey invited public comments. Peggy Doering, 11522 E. Sunview Circle: said she is the Executive Director of Valleyfest and a member of the 2011 Lodging Tax Advisory Board; said that last November Council denied Valleyfest funding from the Lodging Tax fund and said it was suggested Valleyfest re-apply for the next cycle, which second cycle only exists she said, because the Spokane Regional Convention and Visitor's Bureau didn't apply by the September 16 grant deadline, and said there is usually one grant cycle; she said the apparent lack of endorsement from the City of Spokane Valley negatively impacts her volunteers and sponsors; she said Valleyfest received $36,000 in 2011 from the Hotel Motel Funds for the marketing and promotion of Valleyfest; and since 2004 Valleyfest has received about $187,500, which she said was used to develop tourism activities in Spokane Valley, which included working with the Sports Commission on Valleyfest, entertainment at CenterPlace, and the Inland NW Car Club Council for the car show; and said the success and growth of Valleyfest can only be attributed to the investment of these funds from the City of Spokane Valley. Ms. Doering said the application she submitted in 2011 was complete to that date; that the application was sent to the committee for their review and during the advisory board meeting, questions from the board were asked but no concerns regarding the application were mentioned; and she mentioned the reports needed for the city, which include an annual report in December and another report which is in the applicant's packet and due by March, which goes to the State Auditor; she said this form was included in the packet blank because the signature page followed it; and said prior to the application process she visited with the City Manager, City Finance Director, Mayor Towey, and Councilmembers Grafos, Schimmels, and Gothmann regarding application for the funding; and she explained that the uses of these funds per Washington State statute can be spent on operating festivals. Ms. Doering further explained that the decision not to fund Valleyfest was predicated on the premise that hotel stays or"heads in beds" was the measurement used to grant funds; she said she realizes the funds exist because of the tax revenues collected by the hotels. She explained that the Valleyfest mission is to produce the best experience for the tourists and visitors and it is the hotels' responsibility to sell rooms. Ms. Doering asked that Council reconsider the application which was received by the city September 16, 2011. Councilmember Gothmann asked Ms. Doering if she was previously criticized by councilmembers for leaving the one application blank part and Ms. Doering said she was. Councilmember Gothmann said his vote was predicated on that. Ms. Doering said when she prints the grant application from the City, there is a form that is to be completed for the state auditor, which is the report that is due by March 1; and it was based on the event that had not happened yet for 2011; she said the page following that is the signature page where she attested that she read the entire grant application; and said she could have probably left out that form but instead printed the entire packet, made copies and submitted it to the City. Councilmember Gothmann said he noticed none of the other applicants completed that page either; and he asked if within the past few years, did a hotel committee member offer her and Jayne Singleton from the Valley Museum, each $2,000 to not apply for lodging tax funds, and Ms. Doering said that is correct. Council Regular Meeting 12-13-2011 Page 2 of 9 Approved by Council: 12-27-2011 Councilmember Gothmann also asked if within the past few years, did a hotelier committee member offer her a large grant in the present year on the condition that she would not apply for a grant the following year. Ms. Doering said that is correct, and said she declined all those opportunities, as did Ms. Singleton. Councilmember Gothmann asked if this year, did the hoteliers on that committee report that they had few tourists from Valleyfest at their facility; and Ms. Doering said that is correct. Ms. Doering said it is very difficult to track the number of people who stay in local hotels who do so as a result of Valleyfest. Councilmember Gothmann said the chair of the Lodging Tax Committee previously said that state statutes require the advisory committee to comment on all proposals and that the comments shall include an analysis of the extent to which the proposal will accommodate the activities for tourists or increase tourism and the extent to which the proposal would affect long-term stability of the fund; and said in her report to the council,the Chair stated "Valleyfest doesn't necessarily draw people from the outside area to come here and to stay in hotels' and he asked if this comment by the chair cause the Council to based their decision on inadequate or faulty information, and Ms. Doering said she believes that to be true. Mary Farley, 4819 S Farr Road: said she has lived here for 43 years and has been a Valleyfest volunteer for twenty-two years; that Valleyfest is this City's yearly, regional festival; that she has been on the Valleyfest Board of Directors for almost as long; and said when Valleyfest was formed in the 1990s', the founder was invited to a Board of County Commissioners meeting on the week of Valleyfest where they issued a proclamation declaring it Valleyfest week for the county; and said at that time Valleyfest was a one-day festival; and she mentioned that Tom Foley was the 1994 Grand Marshall for the one-mile Valleyfest Parade; she said support from elected officials has continued over the years from elected officials, school boards, sheriff's officers, and others; and said through Chair Peggy Doering's continuous hard work, this festival has grown into a three-day festival bringing thousands of people together; and she mentioned that each Mayor of this City and the Councilmembers since incorporation have supported the festival. Ms. Farley said during the recent council meeting where funds for 2012 were distributed, that Councilmember Gothmann moved to support Valleyfest with some of the funds but there was no second of the motion and it died, and the support Valleyfest had received from its elected officials for twenty-two years also died; and she asked Council to please rectify this as fast as possible. Gail Bongiovanni, 14120 E. Springfield: said she serves on the Valleyfest Board of Directors; said that the Hotel/Motel Committee's belief that Valleyfest doesn't put"heads in beds" is false; and that their past data shows they attracted tourists from cities in Missouri, Idaho, Montana, North Carolina, Arizona, Oregon, California, Ohio, other cities within Washington; said she spoke with many attendees and learned there were no "deals" for motels, so the people she spoke with said they stayed where they could find lodging that was less expensive; and she invited the hoteliers to work together with Valleyfest to offer a package for future festivals; said she has performed at Valleyfest for twenty-two years and watched it grow from a small neighborhood party to its current three-day festival; said since 1992, the Inland NW Dance Association has been involved with bringing dancers to perform at Valleyfest; and performing groups and their families have come from many cities within and without Washington and from parts of Canada; and she asked council to reconsider the marketing funds. Vivian Shammeo, 13120 E 14th: she is the chair for the Taste of the Valley that happens during Valleyfest; and is also a local business person and a marketer; she said the projected budget for Valleyfest is $155,000; and that civic and corporate sponsors and booth fees make up about 80% of that; and fund raising, donations, and grants make up about the other 20%; that they sold 190 business sponsorships in 2010 and sold 231 in 2011, which is over 17% increase from the previous year; she said attendance in 2010 was 45,000; and approximately 15,000 of the attendees were at the parade, and another 35,000 were at the park. Ms. Shammeo said one of their business sponsorships Numerica Credit Union, couldn't be present tonight but asked her to read their statement: "Numerica has supported Valleyfest with the Balloons Over Valleyfest since 2008; and they mainly benefit from the public donations they received; that they choose to support this event because it is the only event in Spokane Valley that draws a regional Council Regular Meeting 12-13-2011 Page 3 of 9 Approved by Council: 12-27-2011 audience of thousands annually; and in addition it is the only event in Spokane Valley that gives sponsors public relations value on radio, TV, and in newspapers; this year through live on-air news interviews, Balloons Over Valleyfest garnered over$2,000 in calculated publicity value on KXLY, and nearly $1,000 more on KHQ for Numerica Credit Union alone, and combined recognition Numerica received overall on Valleyfest promotional advertising, the public relations value surpasses the $5,000 investment. This promotional value is only possible with a reliable marketing budget, and without it, Valleyfest will lose valued sponsors who will not renew and the event will discontinue. Valleyfest is a dynamic event that brings Spokane Valley a family atmosphere event where residents and local businesses can all come together to enjoy science and family entertainment, and contributes to the family friendly image that Spokane Valley wants to promote and without it, Spokane Valley would lose a viable tool when marketing to new businesses, relocation prospects, tourism and group events. Numerica's image has benefitted from our association with Valleyfest as has the City of Spokane Valley. I hope that you choose to continue to support Valleyfest and this beneficial partnership with the business community." Rick Lloyd, 14216 E. 13`x': said long before this city, there was Valleyfest; said he heard a lot from civic leaders, elected and non-elected, that this community needs an identity; and said Valleyfest was providing that even before this city had a name, and continues to do so; he said it is our only and our best civic present and we would be hard pressed to find someone who hasn't been to it and seen it; and said it has spread so much to the community. He said when he first saw Valleyfest, he saw the Spokane Symphony and that his young son was inspired, and is now qualified for state as a violinist, all because of what he saw one night at Valleyfest. He said this group creates a commonwealth of culture and of civic pride and because of that, they should also share in the funds raised by the lodging establishments; and said he hopes Council can find a way to make sure that some of these funds make their way back to Valleyfest. DeeDee Loberg, 18306 E. 4th: said her first engagement with Valleyfest was about eight years ago when she was on the Arts and Culture transition team for the newly incorporated city, and said Valleyfest helped spread information about the Spokane Valley Arts and Culture and supported their endeavor through auctions; that Valleyfest provides opportunities for young people to fulfill their obligations for community service set by the middle and high schools, and it brings together the community in a great celebration; is something she looks forward to, appreciates being involved with, and hopes will continue and grow, and that so many people work so hard to bring in tourism; and she said she is hopeful that Council will support them as much as they support the city. Pat Leu, 11012 E 29''': said Valleyfest is volunteer driven with more than 200 volunteers working during the three-day festival; and appreciation is one of the biggest motivators to volunteers; and they take pride in their accomplishments and in contributing to the civic responsibility; she said for the city to not endorse the Spokane Valley festival is a slap in the face; and she asked Council to please invest in our city and in the volunteers that have made this festival a huge success; she said her family uses Valleyfest as a family reunion and has family members coming from numerous areas and many states; she said they have stayed at various Valley hotels and motels and have never been asked if they were attending Valleyfest; and said if her family members weren't asked, she wonders if others were not asked; and said only when her family members stayed at the Pheasant Hill and participated in the Taste of the Valley were they counted; and she asked council to support this important festival. Ryan McNeice, 3416 S Sunderland: said he is an attorney in Spokane Valley and has been on the Valleyfest Board and it has been a good opportunity; and said his children have participated every year; said his office is actually on the parade route and makes it fun for his office; he said the more common reading of the state statutes clearly include festivals; and that the classic "heads and beds" is not a fundamental mandated piece, but rather council has a requirement to report back to the state as to the overall general statistics that play a part; said it is analogous to the Tulip Festival and if this issue were in front of that festival, you might ask if they should get the money as people would go to that area because Council Regular Meeting 12-13-201 1 Page 4 of 9 Approved by Council: 12-27-201 1 of the festival; and said support coming from the valley over the years as this festival grows is important; and hopes that there could be some better guidelines and protocol and perhaps application clarity in the future; and said he is hopeful everyone can work together to see if this can move forward. Tony Lazanis, 10626 E. Empire Way: said Valleyfest gives identity to the Valley; it has been around a long time, has international flavor; he thinks the tourist money is generated from Valleyfest businesses, and said some hotels have a place downtown and in the valley and that he feels sometimes downtown gets more money and has a higher priority; and said he hopes Council funds Valleyfest. Carla Kaley, 10516 E. Main Avenue: said she has been participating for some years as a "newbie" and that a few years ago, she heard that we fought against outside people telling us how to live and defining our city for us and how to build our buildings; and that was put to rest; and said now there is a home- grown community-oriented fabulous tradition that is older than the city that council is not supporting; and she asked which is it: are we going to be somebody else or who we already are; she said what she hears all the time from this council is how important it is to be a Spokane Valleyite; and said what is that if not Valleyfest; and said she feels this is merely an operational error which will be corrected; that the operational error is likely a misinterpretation of how we should be funding and supporting activities that definitely fall under the statutory definition of being beneficial to the community; she said she understands this council can accept the recommendation of the committee or modify the recommendation; and that she hopes council will take action and support Valleyfest; and said it sends a bad message when the City Council itself won't support such an important, historical event that many people from outside the area identify with the Valley; and said it sends a bad message to people who would relocate here or move their business here and to supporters and people who would provide for this event; and a bad message to our children and our families when we say come out and come play and have a good time, but we don't have any money for you; and she urged council to support what is already in place and she asked Council to consider revisiting the recommendations and make the proper rectifications. Julie Cough, 106 N Bennen Road: she gave the Clerk handouts of an article entitled "The Family" and asked that those be distributed to councilmembers, which article is a proclamation distributed by the Church of Jesus Christ of Latter-Day Saints; said her family moved to the valley in 2006 to open a business; she wanted to voice concerns about the existing business called "Castle" and of an newly opened business called "Lovers" on Sprague Avenue; said she is concerned with the nature of the business and their negative effect on families in the surrounding community; said she feels these types of retail businesses don't help build good and strong communities or create strong moral character traits in people who frequent them; said she also bases her concerns on Bible Scripture that warns about the downfall of communities because of the corruption of morals and values; and asked if there is some way to change our City's code to help move these types of business from here, or to change the code so that businesses such as"Lovers"would be considered adult entertainment. 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 VOUCHER NUMBERS: TOTAL AMOUNT 11-10-2011 24378-24396 $73,486.62 11-10-2011 24397-24444; 1104110015 $814,072.11 11-17-2011 24445-24467 $413,129.54 11-18-2011 3747-3750 $56,218.80 11-18-2011 24468-24489 $71,614.90 11-28-2011 24490-24501 $57,424.60 11-30-2011 5380-5387 $1,300.70 Council Regular Meeting 12-13-2011 Page 5 of 9 Approved by Council: 12-27-2011 12-02-201 1 24502-24505 $57,965.94 12-02-2011 24506-24556; 1129110011; 12011100003; 1202110015 (less#24519) $2,070,421.70 12-05-2011 24557-24560 $2,463.78 12-06-2011 3763-3778; 24561-24565 $223,261.08 GRAND TOTAL $3,841,359.77 b. Approval of Payroll for period ending November 15, 2011: $263,894.48 c. Approval of Payroll for period ending November 30,2011: $363,950.33 d. Approval of Minutes of November 15, 2011 Special Formal Format Council Meeting e. Approval of Minutes of November 29, 2011 Study Session Format Council Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Second Reading Proposed Ordinance 11-020 Electric Lightwave Franchise—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 11-020 authorizing execution of a telecommunications franchise with Electric Lightwave, LLC. City Attorney Driskell explained that as noted in the ordinance title, this would be a non-exclusive franchise; that the company currently has an estimated 32 miles of fiber optics in the right-of-way due to their prior agreement with Spokane County; and said this is a ten-year franchise agreement. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 3. Second Reading Proposed Ordinance 11-022 Maximum Criminal Penalty,Gross Misdemeanor—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 11-022 relative to the maximum penalty for a gross misdemeanor. City Attorney Driskell explained that this is a housekeeping item to keep our code consistent with State Statutes. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 4. Proposed Resolution 11-011 Amending Speed Limits—Neil Kersten/Inga Note It was moved by Councilmember Grafos and seconded to approve Resolution 11-011 setting the speed limit on Mission Avenue between Flora Road and Barker Road to 30 miles per hour. Public Works Director Kersten said staff presented this topic a few weeks ago, and said staff continues to recommend 35 miles per hour based on state and city code; he said prevailing speeds don't change when speed limits change and artificially low speeds can cause some problems; that they are difficult to enforce and sometimes drivers become frustrated and there is a concern that they can make dangerous moves which cause accidents; he said the best way to change the speed limit is to change the feel of the road by narrowing the lane, adding curbs, landscaped medians and/or different traffic calming devices that will cause the speed to slow down to the level council is interested in. In response to questions from Mayor Towey about the 85th percentile, Mr. Kersten explained where that comes from and why; and said that the state adopts that MUTCD (Manual on Uniform Traffic Control Devices) standards as does the city, and he noted the second page of the Request for Council Action Form explains the guidance relative to Washington Administrative Code and the MUTCD. Mayor Towey invited public comment. Larry Blanchard, 2601 N Barker said driving at 35 instead of 30 saves gas and results in emitting less pollutants; and that the traffic engineer has noted there doesn't appear to have been any accidents. Pete Miller, 18124 E. Mission: had several handouts for council and read her prepared statement in support of the lower speed limit. Richard Harmon, 17610 E. Mission: thanked Engineer Worley for a great job on the drain hole they put out there; spoke in favor of the lower speed limit and said if people speed, the Council Regular Meeting 12-13-2011 Page 6 of 9 Approved by Council: 12-27-2011 police should issue them tickets, and that safety is a big concern. City Clerk noted an e-mail from Janice Austin, 17222 E. Mission,who also favored reducing the speed to 30 miles per hour. Council discussion included Councilmember Woodard stating he feels for safety reasons, the speed should be lower; comment from Councilmember Gothmann that speed limits should be based on engineering and traffic investigations; remarks from Councilmembers Hafner and Grafos that it is important to listen to what the people are saying and for safety reasons, feels 30 is appropriate. Public Works Director Kersten spoke concerning the park area and said that he and Traffic Engineer Note feel the trail could be extended as the bike path currently doesn't go anywhere; and of the idea of creating a cross-walk and a center island, and that it might be a possible small project to give good pedestrian access; and said creating a refuge island in the middle could be a good interim solution. Mayor Towey stressed the need to be careful when changing speeds on specific roads; that the traffic engineer's study needs to be taken into consideration as well as other factors, such as a potential school and park causing future problems. City Attorney Driskell said regarding state and local law, that RCW 46.61 identifies the prerequisites to changing a speed limit and that several factors are included in the analysis; including the health, safety and welfare of the city, which are concerns voiced by council, and which provides a legal framework to modify the speed limit should council so desire. Vote by acclamation to approve the resolution setting the speed limit at 30: In Favor: Mayor Towey, and Councilmembers Hafner, Grafos, Grassel, and Woodard. Opposed: Deputy Mayor Schimmels and Councilmember Gothmann. Motion carried. Mayor Towey called for a recess at 7:45 p.m., and reconvened the meeting at 8:00 p.m. 5. Motion Consideration: Bid Award, Sullivan Road W. Bridge Temporary Repairs—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to award the Sullivan Road Bridge #4508 Temporary Repair contract to the lowest responsible bidder, N.A. Degerstrom, Inc., in the amount of $156,171.30. Senior Engineer Worley explained that bids were advertised November 11; five bids were received with the lowest bid from N.A. Degerstrom. Mr. Worley added that he anticipated closing the bridge the first part of February, and noted the bid included the successful bidder making the repairs through the winter as the goal was to remove the weight restrictions as soon as possible. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. Motion Consideration: Law Enforcement Interlocal Morgan Koudelka This item was moved from the agenda. 7. Mayoral Appointments of Councilmembers to various Committee and Boards—Mayor Towey Mayor Towey said this year there are 26 committees to fill; and he thanked all councilmembers for their commitment; said several of these committees require a lot of time and he tried to even out the assignments keeping in mind that some councilmembers work outside the council; said he spoke with each councilmember and as noted on the revised Request for Council Action form, made a few changes; and he then briefly went over the revised list of committee assignments, which included: Mayor Towey: Spokane Valley Finance Committee, Spokane Valley Governance Manual Committee; Greater Spokane, Inc., Spokane Regional Health District, Tourism Promotion, Wastewater Policy Board, and Spokane Regional Clean Air Agency. Deputy Mayor Schimmels: Wastewater Policy Board, Solid Waste Liaison, Solid Waste Advisory (pending final County Commissioner Board approval), Spokane Regional Transportation Council, and Spokane Transit Authority. Councilmember Grafos: Spokane Valley Finance Committee, Growth Management Steering Committee. Councilmember Grassel: Convention and Visitor's Bureau, International Trade Alliance, Lodging Tax Advisory Committee. Councilmember Hafner: Emergency Communication 911, Growth Management Steering Committee, Regional Health District, Spokane Transit Authority, Spokane Valley Finance Committee. Councilmember-elect Wick: Spokane River TMDL, Spokane Valley Governance Manual Committee. Councilmember Woodard: Chamber of Commerce, and Spokane Housing and Community Development Advisory Committee Council Regular Meeting 12-13-2011 Page 7 of 9 Approved by Council: 12-27-2011 (pending final County Commissioner Board approval). It was moved by Councilmember Woodard and seconded to confirm the Mayoral appointments and recommendations of Councilmembers to the various boards, committees and commissions as shown on the revised sheet,for the calendar year 2012 or for a term as otherwise stated above. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 8. Mayoral Appointments of Lodging Tax Advisory Committee Members—Mayor Towey Mayor Towey explained that the two openings are for people authorized to be funded by the tax, and since there will be a second round of funding, he feels it beneficial to re-appoint Peggy Doering and Doug Kelley, each for a one-year appointment. It was moved by Councilmember Grafos and seconded to confirm Mayoral appointments to the Lodging Tax Advisory Committee as follows: Peggy Doering for a one year term, and Doug Kelley for a one year term. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 9. Motion Consideration: CH2M Hill Supplemental Agreement, Sullivan Bridge—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or his designee to execute Supplemental Agreement Number 1 with CH2M Hill for a maximum amount payable of $569,411.00 for Preliminary Design services for the Sullivan Road West Bridge Replacement Project 4-0155. Engineer Worley explained that this item has been before council several times; that this project will be done in phases which will include two public meetings. Mayor Towey invited public comment. Tony Lazanis, 10626 E. Empire: asked if anyone other than CH2M Hill bid on this. Engineer Worley replied that we had a selection committee of four people who reviewed statements of qualifications; and that of the three firms interviewed, CH2M Hill was ranked the highest. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: 10. City Council Health Insurance Benefits--Mike Jackson City Manager Jackson explained, as he briefly mentioned last week, that this issue recently came to light with the upcoming open enrollment period, which he said ends December 28; that there is a discrepancy in the resolution passed in 2006 with the practice of allowing council health benefits to council and their families at no cost; and council can modify the resolution, create a new one and remove the POP (premium only plan) option; or follow the existing resolution and conform to the practices outlined therein. Discussion ensued regarding the apparent intent of not requiring councilmembers to pay for the health premium as is the current practice, and council elected that staff bring forward a new resolution at the December 27 meeting to confirm what is in practice. 11. Proposed Code Text Amendment, Boundary Line Adjustments(BLA)—Marty Palaniuk Via his PowerPoint presentation, Planning Technician Palaniuk explained the proposed code text amendment to allow the Community Development Director discretion when requiring a record of survey for boundary line adjustments, based on an evaluation of the complexity of the proposal. Community Development Director Hohman added that he hopes to put in procedures that will help guide how these decisions are made, and added that when a decision is necessary concerning the BLA, that if he were not available he would designate someone to make those decisions in his absence. Council concurred to bring this back for a first ordinance reading. 12. Comprehensive Plan Amendments— Scott Kuhta Planning Manager Kuhta explained that council adopted the 2012 Comprehensive Plan Amendment Docket on November 1, and directed staff to include a review of the Economic Development Chapter and Corridor Mixed Use Land category along Trent Avenue, as well as review the Garden Office zone. In Council Regular Meeting 12-13-201 1 Page 8 of 9 Approved by Council: 12-27-2011 taking the sections one at a time, Mr. Kuhta said the Economic Development Chapter is pretty standard, and the proposal is to update all the outdated charts, graphs and maps as well as remove outdated references to city center and the Sprague/Appleway revitalization plan; and asked if council had input for the goals and policies. Councilmember Woodard suggested discussion of the goals and policies might be a good topic for the winter retreat, but Mr. Kuhta mentioned that time is a factor as the public hearings before the Planning Commission are scheduled for February; he said many of the initiatives are covered by existing goals and policies in that chapter, and asked if Council has any input over the new few weeks, to please let him know; and said more things can always be added later for next year. Mayor Towey concurred to examine the housekeeping items now and keep the goals for later as a major discussion. Mr. Kuhta explained the process and of the development of specific changes over the next three or four weeks, and again said council input could be sent to him or Director Hohman, adding that the Comprehensive Plan is on line for ease in review. At 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting to 9:30 p.m. Mr. Kuhta said the corridor mixed use along Trent has some challenges, and Councilmember Grafos said he would like to see comparison uses in place prior to 2007 in order to see what uses are no longer allowed; and said many businesses in that area are nonconforming; that he would like to look at those parcels to identify issues and see what makes sense for that complicated area, and again said many businesses can't expand as they're nonconforming, and suggested Mr. Kuhta bring back a matrix to help in that explanation. Mr. Kuhta agreed and went over the maps contained in the packet and explained the rationale behind the use of Garden Office as a transition between residential and office; and said some of the uses in that area appear to work well, while others might be further discussed. It was agreed staff will bring back those requested matrixes for further discussions. 13. Advance Agenda—Mayor Towey Councilmember Grassel said she spoke with Andy Dunau of the River Forum and she would like to invite him to give council an update on some trailhead improvements made along the river. Council concurred. Councilmember Hafner asked about the status of a report on car shows, and Mr. Jackson said previous council direction was for Parks and Recreation Director Stone to work with the car show representatives, and he is doing that, and said a report has not yet been scheduled. INFORMATION ONLY (will not be discussed or reported): Items 14 through 18, Pedestrian Flagging Program, Pines Road Project#0061 Consultant Agreement with Transpo, Street and Stormwater Maintenance Contract Renewal Information, Sweeping Contract Renewal Information, and Snow Plowing Policy, were for information only and were not discussed or reported. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:14 p.m. 2 ATTEST: T omas E. Towey, Mayor • 1tt , Alit Christine Bainbridge, City Clerk Council Regular Meeting 12-13-2011 Page 9 of 9 Approved by Council: 12-27-2011 6ENtitkLak'''.-] i Lit;e41*-, �� SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: December 13, 2011 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT YOU WILL SPEAK ADDRESS _' ABOUT O 0o1(,,JLo o - i � N 3�� ■ R- Cc•9 1111— 1 -, 1.L0 k . i, 4)L:q„-r l:;v r t5 S V 014'-c-d a-( y, 104 T cl 2 i t, x`1 , ( 1 5 Z- e c--L,LL,1A1('A\ p n 'U ► a, S U , (k)6 c-2vCor--2.9 . < ace/ S • S d 4--S c�v � 1//-91/6, tt s sid, ►�� 1,0/4 91-f-W`i/ %`- , ` - ��.........1 s. I2A1 1 I /c=2 ( 4(14, T i,_3i�v / J-/Oc ,_ , L)ciu I O( E a.c. n'i - 147c,.. o%ue b e_e. L bey \rck.ktELI .--0_ 4- 18 �cac� �� vralk iwpr 0137-4g73 ,G 16 c fc,n717 We-/ ✓ hs 6Wi �6"7/r e>I ai-,a Lgrci /nl.s.'. (o/? ,_5 4/ir 94.34 N o i9 I /(R T12:2,`3s-y)-t ESC _ =- ,. • ems — . t. Vo ,*L L e-,e•-1 -. Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Dec.13, 2011 Mayor Towey,Councilmembers: I DON'T AGREE WITH STAFFS INTERPRETATION OF THE TRAFFIC STUDIES OR RECOMMENDATION FOR A 35 MPH SPEED LIMIT ON MISSION. I FEEL YOU HEARD ONLY THE NUMBERS NEEDED TO SUPPORT ENGINEERINGS'OPINION. I HAVE TWO MORE SUPPORTING DOCUMENTS,ONE WHICH I BELIEVE YOU ASKED TO HAVE INCLUDED IN TONIGHTS SUPPORTING DOCUMENTS AND IT IS NOT. THE TIMEMARK STUDY IN YOUR SUPPORTING DOCUMENTS IS DATED OCT 16,2006. WHY IT'S INCLUDED AND REPRESENTED AS TIMELY—I DON'T KNOW. IT DOES SHOW, 118 DRIVERS EXCEEDING 45 MPH, 8 EXCEEDING 55 AND 3 EXCEEDING 65. IT ALSO SHOWS 2746 TRIPS PER DAY. THE SECOND DOCUMENT SHOWS A PROJECTED PER DAY TRAFFIC COUNT ON MISSION OF 11,289 IN 2014. THIS IS NOT GOING TO BE AN IMPACT OF 600 TO 1000 TRIPS PER DAY AS REPRESENTED BY STAFF-NOR DO WE HAVE SOME PEDESTRIAN TRAFFIC AND FEW DRIVEWAYS. THE MIKE MCLUSKEY SURVEY IN YOUR SUPPORTING DOCS IS CONVOLUTED AND BILL WHITE"s OPINION,AT INTERMOUNTAIN TRANSPORTATION SOLUTIONS, IS BASED UPON THE MCLUSKEY TRAFFIC STUDY. IF YOU HAVE THE TIME TO PUT THE PAGES IN ORDER THAT MAKE SENSE, IT WILL TELL YOU THAT ON OCT.5,32 DRIVERS EXCEED 45 MPH, ONE OF THOSE AT 54.2 MPH,2 EXCEEDED 55 AND 1 EXCEED 65 WHICH WAS 66.2 MPH. ON OCT.6,AGAIN,32 DRIVERS EXCEED 45 MPH, ONE AT 53.2 AND ANOTHER AT 54.2 MPH,5 EXCEEDED 55, AND 4 EXCEEDED 65—TOP SPEED IN THE OVER 65 BUNCH WAS 93.1 MPH. WHEN IT COMES TO THESE TRAFFIC STUDIES,AVERAGE SPEEDS DON'T MEAN SQUAT. THE 85TH PERCENTILE IS ONLY A GUIDELINE. I TAKE ISSUE WITH COUNCILMAN GOTHMAN'S REMARK WHEN HE SAID"WE" (MEANING THE COUNCL) HAVE NOT HEARD FROM ANYONE. 54 SURVEYS WERE DELIVERED TO HOMEOWNERS DIRECTLY IMPACTED BY INCREASED TRAFFIC ON MISSION AND WE HAD A 74%RETURN. YOU HAVE THAT SURVEY. 44%SAID LOWER THE LIMIT TO 30,40%SAID LOWER IT TO 25 FOR A TOTAL OF 84%. WITH A SIMPLE CHECKMARK,ON THE INDIANA/MISSION SEPA CHECKLIST,STAFF DETERMINED THE GREENACRES NEIGHBORHOOD WAS NONSIGNIFIANT. WE ARE NOT. IN THE END,THIS IS NOT ABOUT NUMBERS—THIS IS ABOUT PEOPLE, NEIGHBORHOODS, FAMILY, PROPERTY VALUES AND—SAFETY. ON BEHALF OF THE NEIGHBORHOOD,I WOULD ASK YOU GIVE STAFF FURTHER DIRECTION TO PLACE 30 MPH SIGNS ON MISSION AVE. PETE MILLER 18124 E. MISSION THE FAMILY A PROCLAMATION TO THE WORLD THE FIRST PRESIDENCY AND COUNCIL OF THE TWELVE APOSTLES OF THE CHURCH OF JESUS CHRIST OF LATTER-DAY SAINTS C�v E.THE FIRST PRESIDENCY and the Council of the Twelve to provide for their physical and spiritual needs, and to Apostles of The Church of Jesus Christ of Latter-day Saints, teach them to love and serve one another,observe the corn- solemnly proclaim that marriage between a man and a mandments of God, and be law-abiding citizens wherever woman is ordained of God and that the family is central to they live. Husbands and wives—mothers and fathers— the Creator's plan for the eternal destiny of His children. will be held accountable before God for the discharge of ALL HUMAN BEINGS—male and female—are created in the these obligations. image of God. Each is a beloved spirit son or daughter of THE FAMILY is ordained of God.Marriage between man and heavenly parents,and,as such,each has a divine nature and woman is essential to His eternal plan.Children are entitled destiny. Gender is an essential characteristic of individual to birth within the bonds of matrimony,and to be reared by premortal,mortal,and eternal identity and purpose. a father and a mother who honor marital vows with com- plete fidelity. Happiness in family life is most likely to be IN THE PREMORTAL REALM, spirit sons and daughters knew and worshipped God as their Eternal Father and accepted achieved when founded upon the teachings of the Lord Jesus Christ. Successful marriages and families are estab- His plan by which His children could obtain a physical body and gain earthly experience to progress toward per- lished and maintained on principles of faith,prayer,repen- fection and ultimately realize their divine destiny as heirs of tance, forgiveness, respect, love, compassion, work, and eternal life. The divine plan of happiness enables family wholesome recreational activities.By divine design,fathers relationships to be perpetuated beyond the grave. Sacred are to preside over their families in love and righteousness ordinances and covenants available in holy temples make it and are responsible to provide the necessities of life and possible for individuals to return to the presence of God and protection for their families.Mothers are primarily respon- sible for the nurture of their children. In these sacred re- for families to be united eternally. sponsibilities,fathers and mothers are obligated to help one THE FIRST COMMANDMENT that God gave to Adam and Eve another as equal partners.Disability,death,or other circum- pertained to their potential for parenthood as husband and stances may necessitate individual adaptation. Extended wife.We declare that God's commandment for His children families should lend support when needed. to multiply and replenish the earth remains in force. We further declare that God has commanded that the sacred WE WARN that individuals who violate covenants of powers of procreation are to be employed only between chastity,who abuse spouse or offspring,or who fail to ful- fill family responsibilities will one day stand accountable man and woman,lawfully wedded as husband and wife. before God. Further, we warn that the disintegration of WE DECLARE the means by which mortal life is created to be the family will bring upon individuals, communities, and divinely appointed.We affirm the sanctity of life and of its nations the calamities foretold by ancient and modern importance in God's eternal plan. prophets. HUSBAND AND WIFE have a solemn responsibility to love WE CALL UPON responsible citizens and officers of gov- and care for each other and for their children. "Children ernment everywhere to promote those measures designed are an heritage of the Lord" (Psalm 127:3). Parents have a to maintain and strengthen the family as the fundamental sacred duty to rear their children in love and righteousness, unit of society. This proclamation was read by President Gordon B.Hinckley as part of his message at the General Relief Society Meeting held September 23,1995,in Salt Lake City,Utah. / -/3 - c/6„,„5/ REVISED Ageifa Item#7 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: December 13,2011 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Mayoral Appointment: Councilmembers to various Boards and Committees GOVERNING LEGISLATION: Various ordinances,resolutions, and state statutes PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place councilmembers on various regional boards and committees. The following lists represents Mayor's Towey's recommended appointments: COUNCIL COMMITTEESBOARDS/COMMISSIONS: Mayor Towev: 1. Finance Committee 2. Governance Manual 3. Greater Spokane Incorporation 4. Spokane Regional Health District 5. Tourism Promotion 6. Wastewater Policy 7. Spokane Regional Clean Air Agency Deputy Mayor Schimmels: 1. Wastewater Policy 2. Solid Waste Liaison 3. Solid Waste Advisory [Mayor makes recommendation, Board of County Commissioners makes appointment.] 4. Spokane Regional Transportation Council(SRTC) 5. Spokane Transit Authority(STA) Councilmember Grafos: 1.Finance Committee 2. Growth Management Councilmember Grassel: 1. Convention and Visitor's Bureau 2.International Trade Alliance 3.Lodging Tax Advisory Committee 4. Spokane River TMDL Councilmember Hafner: 1.Emergency Communication 911 [term on this committee runs with Council position] 2. Growth Management 3.Regional Health District 4. Spokane Transit Authority(STA) 5.Finance Committee SEE OVER REVISED Agendem#7 Councilmember Wick: 1. Spokane Regional Clean Air Agency 1. Spokane River TMDL 2. Governance Manual Councilmember Woodard: 1. Chamber of Commerce 2. Spokane Housing & Community Development Advisory Committee (HCDAC) [Mayor recommends appointment, Board of County Commissioners approves appointments.] OPTIONS: Other considerations as council deems appropriate. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointments and recommendations of Councilmembers to the various boards, committees and commissions as shown above,for the calendar year 2012, or for a term as otherwise stated above. STAFF CONTACT: Chris Bainbridge ATTACHMENTS