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2012, 02-28 Formal Format Minutes MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday, February 28,2012 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 Dean Grafos,Councilmember Neil Kersten,Public Works Director Brenda Grassel, Councilmember Mark Calhoun, Finance Director Chuck Hafner, Councilmember John Hohman, Community Dev. Director Ben Wick, Councilmember Kelly Konkright,Deputy City Attorney Arne Woodard,Councilmember Karen Kendall, Assistant Planner Morgan Koudelka, Sr.Administrative Analyst Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Darrel Cole of the Spokane Valley Wesleyan Church gave the invocation. PLEDGE OF ALLEGIANCE: Scouts from Troop 423 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 agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the GMA (Growth Management Association) Meeting and said a public hearing is set for March 17 regarding some of their proposed changes; attended the 911 Committee meeting and reported that they are in the process of completing the implementation from broad to narrow bandwidth, which must be done by the end of 2012, and said while many entities won't be able to meet that deadline, they will; went to the STA (Spokane Transit Authority) meeting and said they are in the process of purchasing several buses that run on gas and diesel; said he went to the Health Board meeting and said that $58 million could be cut from that budget so they will be examining their resources for 2013. Councilmember Grassel: said she participated in the first Project Sports Facility Study meeting, along with Parks & Recreation Director Stone, and said within the next six months they hope to have the research completed of sports user groups in the area; and said she went to the ribbon cutting for the Hearth Homes. Deputy Mayor SchimmeIs: said he attended the Solid Waste Advisory Committee; went to the Transportation Committee meeting where they held a luncheon concerning the north/south freeway, and said they had a good turnout. Council Regular Meeting 02-28-2012 Page 1 of 5 Approved by Council:03-13-2012 Councilmember Grafos: reported that he attended the GMA Steering Committee and said there will be a public meeting March 21 concerning areas that will be allowed to connect to utilities over the next ten to twenty years, and said one of those areas is outside Spokane Valley city limits but borders our city; said he attended Mike Wirt's retirement from Spokane County Library District; went to the Chamber of Commerce Business Biz were the keynote speaker was the Superintendent of Public Instruction Randy Zorn; and also attended the Washington State Department of Transportation meeting hosted by the Chamber of Commerce,which included the topic of the north/south freeway. Councilmember Wick: said the SNAP board is getting ready to kick off their capital campaign and has an opportunity to purchase property next to Spokane Falls Community College and if they are successful in the purchase, it would lower their overhead cost; went to the Economic Development talks; had a meeting concerning the Interstate Fair and said they could lose about $60,000 in revenues and they are trying to find alternate funding sources, including the idea of having sponsors; participated in the visitation from Scout Troop 343; also went to the Chamber of Commerce breakfast; and helped support the Junior Livestock auction dinner. Councilmember Woodard: said he attended the Sprague/Evergreen/Sullivan review at Veradale Church and complimented staff on a great job of facilitating the meeting as they discussed what the project would entail and of staff's efforts to minimize the impact on businesses; attended the retirement reception for Mike Wirt of the Spokane County Library District; went to the Chamber of Commerce Connections meeting; the ribbon cutting at Hearth Homes; attended the Planning Commission meeting last Thursday; went to the scouting leadership breakfast at the Convention Center where the guest speaker was John Silverwood, author of the book "Black Wave," about a family's disastrous adventure at sea where the family was saved by the son, who was a former boy scout. MAYOR'S REPORT: Proclamations:March for Meals;Developmental Disabilities Awareness Month Mayor Towey reported that he also attended some of the meetings and events already described, including the Regional Board of Health meeting, the ribbon cutting for Hearth Homes, the boy scout leadership breakfast; and reported he attended the Kaiser Aluminum plant tour of their expansion; said he went to the Greater Spokane, Inc. meeting where EWU Professor Patrick Jones gave a presentation about community indicators. Mayor Towey then read the March for Meals proclamation received with thanks from Pam Almeida; and the Developmental Disabilities Awareness Month proclamation, also received with thanks from Darci Osborne,volunteer with the Arc of Spokane's Inclusion Network. PUBLIC COMMENTS: Mayor Towey invited general public comments;no comments were offered. 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 02/09/2012 25144-25181;202120026 $508,199.48 02/102012 25182-25207 $75,344.39 02/16/2012 3 844-3 847 $60,667.65 GRAND TOTAL $644,211.52 b.Approval of Payroll for period ending February 15, 2012: $277,113.87 c.Approval of Minutes of February 7, 2012 Special Council Meeting,Retreat d. Approval of Minutes of February 7,2012 Study Session Format Council Meeting Council Regular Meeting 02-28-2012 Page 2 of 5 Approved by Council:03-13-2012 e.Approval of Minutes of February 14, 2012 Formal Format Council Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Second Readin'Pro•used Ordinance 12-002 Arnendin. 2012 Bud h et—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-002 amending Ordinance 11-017 which adopted the 2012 budget. Finance Director Calhoun gave a brief overview of the amendments. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed: None. Motion carried. 3. First Reading Ordinance 12-010, Signage and Sale of Alcohol—Kelly Konkright After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-010 to a second reading at the March 13, 2012 Council meeting. After Deputy City Attorney Konkright went over the background of this proposed ordinance, he added that in checking with the Liquor Control Board, they have not issued any violations in this regard; that they are on an education campaign as very few owners are aware of the new regulations; and that they will start issuing warnings later, but don't anticipate any violations or fines until well after the warning process; and said if we move forward with the second reading for March 13, there doesn't appear to be any enforcement issues. Mayor Towey invited public comment. Linda Thompson, 10913 E 46th Avenue: said she works for Greater Spokane Substance Abuse Council, and she asked Council not to pass this; she said that due to initiative 1183 for the privatization of alcohol, this makes us one of the most deregulated states concerning alcohol regulations; said she feels the required signage is enough to advertise businesses, and asks that we stay with what the Liquor Control Board has previously set and not pass this ordinance. Mike Rounds, 524 N McDonaId, said he wants information about how much the fine would be. Samantha Walters, 9522 E. Shannon, asked Council not to pass this ordinance; said on her way to school she walks past establishments with these signs; that she works hard to stay drug free and feels more signs are not warranted. Councilmember Hafner said he doesn't see the relevance of having more signs and is not in favor of advertising more toward young people. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councihnembers Grasse!, Woodard, Wick and Grafos. Opposed: Councilmember Hafner. Motion carried. 4.First Reading Ordinance 12-011 Amending Chapter 22.70,Landscaping Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-011 to a second reading at the March 13, 2012 Council meeting. Councilmember Woodard disclosed that he has some barbed wire on his property inside a six-foot cedar fence, and said he feels he can listen to the information and vote in an unbiased way to do what is best for the citizens. Councilmember Grafos said as he mentioned at the last meeting, he has barbed wire fence next to the right-of-way and feels even though it directly affects him, he can be unbiased in his vote as this issue affects a lot of businesses. Planner Kendall explained the staff was directed to proceed with modifications to the fencing and landscaping standards and she went over the proposed changes to the code. Mayor Towey invited public comment; no comments were offered. Councilmember Wick said he prefers staying with the Planning Commission's recommendation of not allowing barbed wire adjacent to roads. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councihnembef s Hafner, Grassed, Woodard, and Grafos. Opposed: Councihnember Wick. Motion carried. 5.Motion Consideration:Approval of Fire Department Interlocal Agreement —Caty Driskell It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the Interlocal Agreement for Fire Services in the City of Spokane Valley as proposed. City Attorney Driskell Council Regular Meeting 02-28-2012 Page 3 of 5 Approved by Council:03-13-2012 explained about the history of the City's master fee schedule including the Fire Department's fees, which was used as a means to collect the fees and pass the revenues to the Fire Department; and that this Interlocal changes that stipulation as Fire Department fees are clearly set by the Fire Department. Mayor Towey invited public comment; no comments were offered. Councilmember Grassel said she doesn't want council to be held accountable for the increase in those fees and/or have the public assume this body set those fees; and City Attorney Driskell said those fees will be removed and put on a separate sheet. Vote by Acclamation:In Favor: Unanimous. Opposed: None. Motion carried. 6.Motion Consideration: 2012 Law Enforcement Interlocal Amendment—Kelly Konkright,Morgan Koudelka It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the "2012 Amendment to Interlocal Agreement for Costs Incident to Law Enforcement Services in the City of Spokane Valley"consistent with the attachments. Deputy City Attorney Konkright explained that he and Senior Administrative Analyst Koudelka are here tonight to discuss the proposed changes as well as some prior changes that have taken effect regarding a change of services, and allocating different resources in different areas when needed; and of the desire to have the current agreement reflect those changes. Mr. Koudelka went over the updates since Iast December and said this mainly concerns the change in the Intelligence Led Policing position, in that it was performed by a deputy who is no longer available; and that there are no current deputies qualified for this position and that the Sherriff's Office recommends this position be filled by a detective/corporal; which would have an impact on our budget of$4,500 annually. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comment; no comments were offered. ADMINISTRATIVE REPORTS: 7.Lodging Tax—Round Two--Mark Calhoun Finance Director Calhoun explained that for round two of lodging tax grant applications, eight applications were received and of those eight, six presentations were made to the committee at the February 2 meeting; and said that the Spokane Valley Soccer Club was scheduled to make a presentation but did not attend; and he said that one of the criteria for receiving funds is the entity must be a non-profit entity, and that the Regional Golf Consortium had not yet received that designation and that they too did not attend. Mr. Calhoun also noted that the committee recommended that the Regional Convention and Visitor's Bureau receive funding contingent upon a meeting held in Spokane Valley between partners applying for lodging tax in order to discuss joint marketing opportunities; and said that would be something this Council could stipulate if desired when making the motion award at the March 27 council meeting. Mr. Calhoun went over the`funding and remarked that the funds could be further drawn down which would still leave a balance of about $100,000; and if Council made that decision, Council could make a recommendation to formally amend the budget later. Mr. Calhoun also discussed the application from the Spokane Arts Council requesting $50,000 for a large statue, and said staff sought the opinion from the State Auditor and it appears that the "city would need to demonstrate how the statue would promote or increase tourism to Spokane Valley," and said it appears this does not fit into any of the categories and feels if we were to pursue this at this time, it would be an "uphill battle" to convince the auditor's office that spending the money on this project would be appropriate. Councilmember Grassel said the Arts Council had asked council if they could apply and she told them they could; but when the standards were brought up, she moved her support to the Convention and Visitor's Bureau; but suggested the Arts Council could apply in the future by perhaps including some statues as a point of interest; but that this application was for a specific statue for the city's entrance. Council Regular Meeting 02-28-2012 Page 4 of 5 Approved by Council:03-13-2012 8.Advance Agenda--Mayor Towey Mayor Towey mentioned he would like to have a joint meeting with the Mayor and Council of the City of Spokane; and a separate joint meeting with the Board of County Commissioners, and said if councilmembers have any agenda topics, to please tell him or City Clerk Bainbridge. INFORMATION ONLY (will not be discussed or reported): The items of (9) Community Development Block Grant (CDBG); (10) Department Reports; and (11) Raised Concrete Medians on Arterial Streets, were for information only and were not discussed or reported. 12. EXECUTIVE SESSION: Pending/Potential Litigation [RCW 42.30.110(1)(i)] It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:52 p.m. At approximately 8:30 p.m., City Attorney Driskell returned to Council Chambers and announced that the executive session would be extended to 9:00 p.m. At 9:00 p.m., City Attorney Driskell again returned to Council Chambers and announced the executive session would be extended to 9:15 p.m. At 9:15 p.m., Mayor Towey declared Council out of Executive Session; after which it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. r ` C yy7 _ AT T. } Thomas E. Towey, Mayor al.�-- - L•,'Yl lam• iristine Bainbridge, City Clerk Council Regular Meeting 02-28-2012 Page 5 of 5 Approved by Council:03-13-2012