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2008, 02-26 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 26, 2008 Mayor Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 133rd meeting. Attendance: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Steve Taylor, Councilmember City Staff: Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Ken Thompson, Finance Director Kathy McClung, Community Development Dir. Rick VanLeuven, Police Chief Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: In the absence of a pastor, Councilmember Gothmann gave the invocation. PLEDGE OF ALLEGIANCE: The audience recited the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember Taylor. It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to excuse Councilmember Taylor from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Gothmann, seconded and unanimously agreed to approve the Amended Agenda as submitted. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Munson read the Support of Armed Forces & Aerospace Museum proclamation. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Wilhite: reported that she heard a report on the Detention Services Master Program given by County representatives concerning alternatives to detention; she attended our City's finance committee meeting; was present as Mountain Gear was awarded a gold level certification for remodeling their building, that Senator Cantwell was in attendance and Ms. Wilhite and Deputy Mayor Denenny welcomed the senator to Spokane Valley. Councilmember Gothmann: mentioned that the Pratt School is now open for business and they have signed a contract to do many things similar as what the Weed and Seed committee previously did; that he attended a conference in Tacoma sponsored by the Association of Washington Cities (AWC) on engaging citizens in government performance and he spoke about performance goals and of the need to do that in all city departments, and he shared a "Final Ranking of the Indicators" from the City of Bellevue. Councilmember Dempsey: mentioned she attended a Boy Scouts luncheon and the Regional Council of Governance. Deputy Mayor Denenny: stated he also attended the Mountain Gear presentation as well as the Boy Scouts luncheon. Councilmember Schimmels: reported that he has a discussion with Nancy Hill concerning animal control, and that he is pleased to hear that the City of Spokane is moving forward concerning animal control. Council Regular Meeting: 02 -26 -08 Page 1 of 4 Approved by Council: 03 -25 -08 MAYOR'S REPORT: Mayor Munson reported that he attended the Boy Scout breakfast; in his capacity as AWC President he met with the Governor to discuss moving forward with a task force to identify overlapping areas of responsibilities of counties, cities and the state; that he met with the leadership of the Association of Washington Counties; met with our City's finance committee, attended the Council of Governance meeting where they discussed Liberty Lake's considering using SCRAPS for their animal control coverage, discussed transportation benefit districts where he passed along our Council's concern about moving forward in parallel with a county -wide effort and about the upcoming possible 1% increase to address interoperability for emergency communications, and said that the Board of County Commissioners will likely prioritize items covered by this ballot issue with emergency communications radio as the top priority PUBLIC COMMENTS: Mayor Munson invited public comments. Phyllis Betts, 11322 E 23` spoke of her concern with the continuing graffiti problem, that she is not sure if this is gang related or vandalism, the areas particularly hit hard are those between 16 and 32 and Pines and Dishman -Mica; and that she did not see any Spokane Valley ordinance covering this issue, but would like to see this issue addressed. Grant Rice, 16620 E Valleyway: mentioned our code 19.40.150 concerning animal raising and keeping, and said he found this to be very confusing; that he lives on a 30,000 square foot lot with a large barn and he wanted to review animal regulations to find out what he can have and how many; that he contacted Community Development Director McClung who asked Chris Berg to respond to Mr. Rice's questions, and Mr. Berg suggested he bring this to Council and perhaps get an advisory committee to examine this, and that he would be willing to be part of such committee as he feels the regulations should be easy to understand. Jim Huttenmaier, and Jeff Severs of Greater Spokane, Inc: said in response to the Mayor's letter regarding what companies they have helped to expand or retain, Mr. Huttenmaier distributed a list of those companies they worked with over the last few years. Mayor Munson said he also would like Greater Spokane's letter to ask what prompts people to move here and Mr. Huttenmaier said they would get their contacts to ask these questions. 1. 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: list dated 02 -06 -2008; total amount $120,006.43 b. Approval of Payroll for Pay Period Ending February 15, 2008: $210,781.21 c. Approval of Minutes of February 12, 2008 Regular Council Meeting d. Approval of Minutes of Resolution 08 -001 for Special Anniversary Logo Use It was moved Councilmember Wilhite, seconded and unanimously agreed to approve the Consent Agenda as presented. NEW BUSINESS: 2. First Reading Proposed Ordinance 08 -002 Amending UDC for Dog Kennels — Kathy McClung After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Denenny and seconded to advance Ordinance 08 -002 to a second reading. Community Development Director McClung explained that this proposal is to amend the UDC to allow doggie daycares and indoor kennels in the neighborhood commercial, regional commercial and corridor mixed use zones; and that the applicants are in the audience tonight if council ahs questions. In response to a question about potential Council Regular Meeting: 02 -26 -08 Page 2 of 4 Approved by Council: 03 -25 -08 noise, Director McClung explained that a condition of approval is to require soundproofing. Mayor Munson asked if there are other establishments or businesses which have 24 -hour coverage when animals are kept overnight; and Director McClung said she would have to research that; and Deputy Mayor Denenny added that if there are complaints, that would be treated as a code enforcement issue. Mayor Munson invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Proposed Resolution 08 -002 Human Resources Manager — Mike Jackson It was moved by Councilmember Gothmann to approve resolution 08 -002 designating the Human Resources Manager classification at pay grade 18. Deputy City Manager Jackson explained that staff had previously suggested this position be a grade 16, but after two failed recruitment processes, it was evident that the position was classified too low, and the new classification of 18 would be more in line with salary ranges staff researched. Mayor Munson invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Poe Contract Renewal — Neil Kersten It was moved by Councilmember Wilhite and seconded to approve the Poe Asphalt Paving in the amount of $1,475,119 and authorize the City Manager to sign the contract. Public Works Director Kersten gave a very brief overview as explained in the accompanying Request for Council Action Form, stated that staff recommends approving the contract; and that the total amount will remain the same as last year and we will absorb those unit price increases, and that the $500,000 for street preservation work is included in that total amount. 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. ADMINISTRATIVE REPORTS: 5. Governor Acknowledgement of Spokane Valley Anniversary — Carolbelle Branch Deputy City Manager Jackson, speaking for Carolbelle Branch explained the options of the type of Governor acknowledgement of our fifth -year anniversary. After brief discussion, there was Council consensus for staff to move forward to secure the letter of greeting from the Governor that is to be read by one of the Governor's representatives at the celebration event. 6. Ad Hoc Committee Charters — Mayor Munson/Deputy Mayor Denenny Mayor Munson explained that regarding panhandling, a goal is to identify other programs throughout the county that are addressing this issue, and to find out what other cities are doing, then begin the process of cooperation in applying programs; and ultimately have the committee recommend what kind of community information program to institute to help people understand the choices in helping panhandlers; and to recommend to council any other actions needed to address this. Mayor Munson suggested opening the committee formulation process to application, then write a task for the committee members based on those points just mentioned; and he mentioned that Spokane City Mayor Verner and Liberty Lake Mayor are amicable to this process; and that we should have at least two councilmembers to give guidance on what we can and cannot do. Councilmembers Gothmann and Dempsey volunteered for this ad hoc committee. Councilmember Wilhite mentioned she would like to see a report from Spokane and Liberty Lake on how they are handling this issue and what they are doing, for us to see what has been accomplished then decide what the charter would be for our committee as committee members must be aware of First Amendment rights. Mayor Munson said he would also like the faith community involved in program development, and that perhaps another source of information would be the Gospel Mission; adding that we do not want to duplicate efforts, but the first step would be to gather information on what is already available in the community. Mayor Munson asked staff to advertise for these committee Council Regular Meeting: 02 -26 -08 Page 3 of 4 Approved by Council: 03 -25 -08 • • members, and of the seven total committee members, we have two councilmembers and Planning Commission Chair Ian Robertson has volunteered, leaving a need for four more committee members. Parks Committee: Deputy Mayor Denenny explained that the idea is to begin with an ad hoc committee and if needed later, the committee could be transformed into a standing committee; that some of the tasks of this committee could be what to do with the park property after the old senior center has been demolished; general park usage and schedules, park amenities, fees, and what is needed for future programs and facilities; and to ask Mr. Jackson to begin to form an outline or action plan so the committee can get started when have a new parks director, leaving time for that new individual to acclimate to the new position. Deputy Mayor Denenny proposed instructing staff to begin to develop an outline to be brought back later for council approval, regarding the vision and perceived actions of the ad hoc park committee, adding that seven members should be adequate and there is no apparent need for any councilmembers to participate. Mr. Jackson said staff will formulate the outline for the committees and bring back to council to formalize via council motion. 7. Legislative Issues — Dave Mercier City Manger Mercier spoke of the latest report from our lobbyist in Olympia includes mention of the success of the earlier effort in getting the house's delegation of $300,000 for the development of the Greenacres Park, and that work continues on the senate side so that we might be able to enhance that amount to the original $500,000 request; but if this is not successful, it can be pursued again at the beginning of the next legislative session. Deputy Mayor Denenny mentioned that this is another example of the importance of having a lobbyist as there were approximately 4,000 bills submitted for consideration this session. INFORMATION ONLY: The Universal Park Consultant Selection, and the various department reports were for information only and were not reported or discussed. EXECUTIVE SESSION: Pending Litigation It was moved by Deputy Mayor Denenny and seconded to move into executive session for approximately thirty minutes to discuss pending litigation, that no action will be taken upon return to the meeting. Council adjourned into executive session at 7:08 p.m. Mayor Munson declared Council out of executive session at 7:35 p.m. It was then moved by Deputy Mayor Denenny, seconded, and unanimously agreed to adjourn. The meeting adjourned at 7:36 p.m. /r, 1 Christine Bainbridge, ty Clerk ' ichard Munson, Mayor Council Regular Meeting: 02 -26 -08 Page 4 of 4 Approved by Council: 03 -25 -08 NAME PLEASE PRINT TOPIC OF CONCERN YOU ADDRESS TELEPHONE WILL 'SPEAK ABOU1! �rQ-�ri T � Jo E. � lay -,s s l � n II e L -GrAii i C. R; c e Sr^`• 11 et njdne( LIi-Qd-OCk re_60,, iDki c + /10(00 Vd w, Y g q"2-O l y 79 93 Sr ',Wt a tA4evt hlOipr .ee 1N,(o ;).� i �� - 3,4,... St ,./t4 1, 2 - q3S( N i, P11V!o W4 , A MEN' SIGN —IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: February 26, 2008 CITIZEN COIVI1VIENTS YOUR SPEAK]Li G TIME WILL BE LIMITED TO THREE MINUTES Sign..inrif' Tou wish to . make public=commcnti5. OVERALL AVERAGE RATING: 7.24 OVERALL AVERAGE RATING: 7.24 Final Ranking of the Indicators 10= "VERY USEFUL" ... "NOT USEFUL" =1 1. Patrol Response Times to Critical Emergencies 9.02 2. Good to excellent rating for parks and recreational opportunities 8.93 3. Traffic tirnes in key corridors 8.70 4. Number of violent and property crimes committed per 1,000 population 8.55 5. Amenities (shopping, churches, libraries) 6. Responsive, open, honest city government 7. Moody's Investors Service bond rating 8. Community services / Social services 9. Water: taste / smell / appearance 10. Residents rating Bellevue as a good or excellent place to live 11. State city mission, then ask about direction 12. Violations of state and federal drinking water standards 13. % of residents who believe city govt is spending money wisely 14. Percent of fires confined to room of origin 15. Resident satisfaction rating for clean streets 16. Residents rating neighborhood as a good /excellent place to live 17. % saying they are getting their money's worth from city gov't 18. Cardiac arrest survival rate 19. Diversity of parks, recreation programs, green space 20. Value of water/ sewer/ drainage for money 21. Measures to combat aggressive driving 22. - Residential street average pavement rating 23. % "satisfied" with job city Is doing in planning for the future 24. Housing: Affordable to range of incomes 25. Incorporating diversity in community 26. Citizen perception that city govt Is responsive to citizen Input 27. Water service interruptions per 1,000 service connections 28. % saying Bellevue is heading In the "right direction " 29. % of Mobility Management Areas achieving concurrency 8.53 8.04 • 8.00 7.80 7.61 7.60 7.55 7.53 7.47 7.46 7.40 7.35 7.24 7.05 6.91 6.80 6.80 6.46 6.30 6.29 6.00 5.98 5.88 5.77 4.80 .. G oiuoN, TH OMAS > _ , ,s �_ !ONEY WELL . GOVERNMENTAL tuttv AFFAIRS TO: Mayor Munson, Dave Mercier FROM: Tim Schellberg, Derek M. Young DATE: February 25 2008 RE: City of Spokane Valley Legislative Report The sixth week of the 2008 Legislative session has ended. The last day for bills from opposite house to pass policy committees is February 29 The Gordon, Thomas Honeywell Governmental Affairs (GTH -GA) Legislative Report contains a brief overview on the progress of the City of Spokane Valley's priority agenda. Also included is detailed information on additional legislative issues that may possibly be pertinent for the City. For more information, see the Association of Washington Cities Bulletin. L CITY OF SPOKANE VALLEY PRIORITY AGENDA SIIB 2797 /SSB 6580 — Addressing climate change through GMA GTH -GA has represented Spokane Valley in meetings with the bill's sponsoring organization Futurewise. Futurewise introduced a significantly scaled back version that addressed our concerns that that the bill not create unfunded mandates. In addition the amendments set up fully funded pilot programs that might interest the City due to the fact that the requirements now are largely the same as already required by GMA. GTI-I -GA will work with the City to determine if the program is worth pursuing during the interim. The bill passed out of the Senate last week with amendments. The scaled down Senate version awaits hearing on February 26 at 1:30 in House Local Government. Greenacres Park Capital Budget Request GTH -GA worked with Spokane Valley's staff and delegation to prepare a Capital Budget request in the amount of $500,000. The House Capital Supplemental Budget was released and passed last week with a $300,000 appropriation for Greenacres Park. An appropriation like this is unusual given that this is a supplemental budget year. GTH -GA will work in the Senate to increase the appropriation to the requested amount. HB 2787 — Statewide radio interoperability The bill would create a new statewide radio interoperability department in the Governor's office. Previously this program had been managed by the Washington State Patrol. The ultimate goal is to increase funding for grant programs aimed at upgrading public safety communications systems. The bill was heard in the House Committee on Technology 1201 Pacific Ave., Suite 2100 Tacoma, WA 95401 Ph: (253) 620 -6500 * Fax: (253) 620 -6565 www.gth -goti . corn One Union Square, 600 University, Suite 2100 Seattle, WA 98101 Ph: (206) 676 -7500 * Fax: (206) 676 -7575 wwwgth- gov.cnm 203 Maryland Ave., NE Washington, DC 20002 Ph: (202) 544 -2681 * Fax: (202) 544 -5763 www.gth -eo v. com GORDON, THOMAS Ho1vwEu. GOVERNMENTAL . AFFAIRS and Energy & Communications on January 22' but did not receive a recommendation and is considered dead. IL OTHER SIGNIFICANT LEGISLATION AFFECTING SPOKANE VALLEY SB 6926 — Simplifying disincorporation Sen. McCaslin introduced this bill late in the session. it's designed to make disincorporation of municipalities easier and changes some provisions of ownership of debts and assets after disincorporation. In talking with the Senator's office, it appears the bill is designed to aid some smaller communities that are particularly hard hit by initiatives and lack the funds to continue operations. Sen. McCaslin felt the process was too cumbersome for those communities and views this as a good governance bill. The bill did not receive a hearing and is considered dead for this session. Sen. McCaslin said he will introduce the bill next year. E2SHB 2712 — Criminal street gangs The bill is the result of an interim study designed to look at tools for combating gangs. it adopts a number of sweeping new laws designed to grant local law enforcement tools that would address gang graffiti, prevent gang members from being in high crime areas, creates a statewide gang database, and establishes a witness protectionprogram. The bill passed the house with amendments and awaits hearing on February 27 at 3:30 in Senate Judiciary. A more detailed summary of the tools proposed under this legislation can be found here. HB 3292 — Taping of executive sessions GTH -GA has joined a team of local government representatives to oppose this bill. It would require local governments to record executive sessions and sets up a procedure for interested parties to ask a judge to review the recording to determine if any discussions took place that are not permissible by law. The bill cleared committee and was referred to Rules. GTH -GA worked closely with AVVC to oppose the bill and was successful in having it held in House Rules. House Majority Leader and prime sponsor of the bill, Rep. Kessler, conceded that the bill did not have the support of the membership. SSB 6229 — Creates a lake study and advisory committee The bill directs the Department of Ecology to prepare a comprehensive lakes management strategic plan. The plan shall serve primarily to guide state programs that provide technical and financial assistance to other state agencies, local governments, special purpose districts, and non - govern rental entities for the protection and restoration 1201 Pacific Ave., Suite 2100 Tacoma, WA 9340! Ph: (253) 620 -6500 * Fax: (253) 620 -6565 www.gth -go v. corn One Union Square, 600 University, Suite 2100 Seattle, WA 98101 Ph: (206) 676 -7500 * Fax: (206) 676 -7575 www.gth -go% coni 203 Maryland Ave., NE Washington, DC 20002 Ph: (202) 544 -2681 * Fax: (202) 544 -5763 www.gth-gov.com GokwoN THOMAS A .- HONEY WELL GOVERNMENTAL r AFFAIRS of the state's freshwater lakes. Requires not later than December 31, 2009, the department of ecology with the assistance of the lakes management advisory committee to prepare recommendations for creating dedicated state funding assistance for lakes restoration and protection. The bill was moved out of Senate Committee on Natural Resources and Ocean & Recreation with a do pass recommendation and referred to Senate Ways and Means. The House version did not receive a recommendation from its committee and is considered dead. SHI3 2854 — Reporting of compliance with countywide planning policy requirements The bill requires the department of community, trade, and economic development to report annually on counties' compliance with countywide planning policy requirements under the growth management act. If a jurisdiction does not meet CPP requirements, sanctions could be imposed. The bill was moved out of the House Committee on Local Government and referred to the Rules Committee. It has not been scheduled for a floor vote. SSB 5762 — Community Economic Revitalization Board amendments Last session the legislature created an infrastructure task force with the direction to study funding for infrastructure and economic development. The economic development subcommittee recommended that the Job Development Fund be eliminated and its funds combined with CERI3. CERB programs are to. be divided equally between rural and urban projects. The bill also provides for a permanent funding source by directing a portion of the State's real estate excise tax. The bill was moved out of the Senate Committee on Economic Development and Trade & Management with a do pass recommendation and referred to Senate Ways and Means. Given the fiscal impacts the bill is not likely to pass this session. SHB 2604 — Exempting certain development from impact fees Currently under state law cities that impose impact fees may exempt projects from paying. However, those funds must be replaced, usually from the city's general fund. This bill would allow cities to exempt development like affordable housing projects without replacing those funds. The bill moved out of the House Committee on Local Government and referred to the Rules Committee. It has not yet been scheduled for a floor vote. SHB 2844/SS13 6469 — Urban Forestry The substitute bill encourages local government to create an optional evergreen cities forest management plan. Originally the bill was a requirement and compliance with the requirements of the bill would be necessary to be eligible for state grant and loan programs. Additionally, grant programs would be created to aid local government in development and implementation of their plan. 1201 Pacific Ave., Suite 2100 Tacoma, WA 98401 Ph: (253) 620 -6500 * Fax: (253) 620 -6565 www.gth- gov.com One Union Square, 600 University, Suite 2100 Seattle, WA 98101 Ph: (206) 676 -7500 * Fax: (206) 676 -7575 www.gth -gov corn 203 Maryland Ave., NE Washington, DC 20002 Ph: (202) 544 -2651 • Fax: (202) 544 -5763 www.g ih -lov, com GOKDON, THOMASi a- Hoinwir. GOVERNMENTAL AFFAIRS The bill was passed by the House on February 18` The Senate version was amended in the Committee on Natural Resources and Ocean & Recreation prior to being moved out of the committee with a do pass recommendation and referred to Senate Ways and Means. The amendment would again make the bill a requirement for cities whose jurisdiction is larger than 19,000 acres which would include Spokane Valley. The House version without the amendment has a hearing scheduled for the 25 at in Senate Natural Resources at 1:30. Given that the Senate version did not pass out Ways and Means GTH -GA believes there is a good chance that either the House version will pass or both bills will stall again in Senate Ways and Means. Ill. ADDITIONAL MUNICIPAL LEGISLATIVE ISSUES H.B 2476 — Authorizing tribal police officers to act as general authority Washington state peace officers. Tribal police would have the same powers as commissioned officers around the state with the same ability to make arrests off tribal trust land. The bill is intended to close the loophole now currently available to criminals on tribal lands. However many jurisdictions are concerned with the unintended consequences. The bill moved out of the House and was referred to Senate Judiciary where its companion version failed previously. The hearing was held on February 21 Executive session has not yet been scheduled. Still 2815 /SSB 6516 — Regarding greenhouse gas emissions During the interim the Governor's Climate Advisory Team met to discuss a number of issues related to reducing greenhouse gas emissions and adapting to climate change. The CAT has recommended a number of changes encompassed in this legislation. The bill authorizes a reporting system to monitor greenhouse gas emissions, establishes a process for maintaining a comprehensive inventory of greenhouse gas emissions to track the state's progress in achieving its greenhouse gas emission reductions, and creates a green collar job training program. The bill passed out of the House and a hearing was held in the Senate Committee on Water and Energy & Telecommunications. The Senate version previously received a do pass recommendation but failed to move beyond the Senate Ways and Means committee. HB 2534 — Regulating light pollution Requires the best technology available in all exterior lighting in order to reduce energy consumption and protect the night sky, requires "fully shielded" lighting, with exceptions, and further regulates outdoor lighting. Requires all new public and private outdoor lighting installed after July 1, 2008, to conform to the requirements of this act and all other public and private outdoor lighting must comply by 2012. The bill was heard in the House Committee on Ecology & Parks on January 22 " but did not receive a recommendation from the committee. The bill did not receive a recommendation and is considered dead. 1201 Pacific Ave., Suite 2100 Tacoma, WA 98401 Ph: (253) 620 -6500 * Fax: (253) 620 -6565 wwwgth- gov.com One Union Square, 600 University; Suite 2100 Seattle, WA 98101 Ph: (206) 676 -7500 * Fax: (206) 676 -7575 www.gth- gov.cotn 203 Maryland Ave., NE Washington, DC 20002 Ph: (202) 544 -2681 * Fax: (202) 544 -5763 www.gth- gov.corn GORDON, THOMAS da- HoruwF1L GOB MENTAL r L i t t LitL r AFFAIRS U ow HB 2630 — Changing the definition of meeting The bill would change the definition of "meeting" for local government to any gathering of a quorum of the legislative body of a local government. The current law prohibits a city council from discussing city business outside of a noticed public meeting. Many cities currently notice any potential event that a majority' of their legislative body might be at, this would require it in all cases. There is also legislation that would increase the penalty for violation of this rule from $100 to $1000. The bill was heard in the House Committee on State Government & Tribal Affairs on January 23 " The bill did not receive a recommendation and is considered dead. SIIB 2576 — Addressing affordable housing through CMA Affordable housing is a major issue for the Legislature this year and is addressed in a number of policy and spending bills. This bill originally created a new requirement to GMA that cities allow for enough land for low and moderate income homes in the housing element of their respective comprehensive plans. The substitute changed the language from a requirement to an option. The bill moved out of House Committee on Local Government with a do pass recommendation and placed on second reading. The Rules Committee placed it m the "X" file meaning that it is unlikely to be considered for a vote this session. HB 2921/SB 6595 — Amending the blighted property cause for condemnation The US Supreme Court's Kelo decision has made eminent domain a politically sensitive issue over the last couple of years. Because the "blight" clause was used in that case, this bill is designed to limit its use by cities in Washington. GTH -GA joined a number of other cities with concerns on the affect of the bill. The bill did not receive a reconunendation from either the House or Senate committee and is considered dead. 1201 Pacific Ave., Suite 2100 Tacoma, WA 93401 Ph: (253) 620 -6500 * Fax: (253) 620 -6565 www.gth- gov.corn One Union Square, 600 University, Suite 2100 Seattle, WA 93101 Ph: (206) 676 -7500 * Fax: (206) 676 -7575 www.gth-gov.com 203 tvtaryland Ave., NE Washington, DC 20002 Ph: (202) 544 -263! * Fax: (202) 544 -5763 www.gth-gov.com Spok ane r Incorporated RECUR ITM.ENT Guardsmark (Stan Key) Brian Thompson, Mgr. 1.121 N. Argonne 924 — 6103 EXPANSION / RETENTION lt.ronix (Stan Key) John Schneider, Bus. Unit Director Cliff Allen, Bus. Unit. Director 12825 E. Mirabeau Pkwy. 624 — 6600 Kaiser (Stan Key) Dave Rickman, Engineering Mgr. 2315 N. Sullivan 927 — 6159 Xpedx (Robin Toth) Michael Toth, Branch Mgr. 2501 N. Farr Lane 921 — 1245 Cascade Windows (Stan Key) Garman Lutz, Sr. Vice President 21.30 N. Molter, #206 Liberty Lake, WA 789 -2121 Volt Technical Services (Gary Mallon) Jakob Packebush 1420 N. Mullan, #108 891 — 8658 American Family Insurance (Nancy Duncalfe) Amy Schell, Mgr. 15920 E. Indiana Ave. 921 — 5566 Contact: Jeff Severs — 742 -9351 or Jim Huttenmaier — 742 - 9358 8ot W. Riverside, Suite 100, Spokane, WA 99201 Phone: 509.624.1393 or t.800.SPOKANE Fax: 509.747.0077 tvww.greate rspoka nei ncorpo ratet_laorg Healthcare Resource Group (Gary Mallon) :Kristine English, CFO 12610 E. Mirabeau Pkwy. #900 800 - 695 — 8171 Critical Logic (Gary Mallon) John MacAllister, CEO 1120 N. Mullan, #206 921 — 5095 Precision Cutting Technologies (Stan Key) Clint Grasse!, Sales Manager 9922 E. Montgomery, #21 922 — 8755 Ecolite Manufacturing Company (Stan Key) Ron Caferro, President 9919 E. Montgomery 922 -8888 Berg Company (Stan Key) Zack Hill, Counsel 16124 E. Euclid 624 — 8921. Greater Spokane Incorporated - Integrated to Accelerate Regional Economic. Prosperity - The Spokane EDC and Chamber t %ww•.grea terspokaneincorporated.org 1 19.40.150 Animal raising and keeping. Where permitted (1), the keeping of poultry and livestock (excluding swine) is subject to the following conditions: A. The lot or tract must exceed 40,000 square feet (2) in area; B. The keeping of swine is not permitted; C. Beekeeping for noncommercial purposes is limited to 25 hives; D. Any building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located not Tess than 75 feet (3) from any habitation (4); E. No building or structure housing poultry or livestock including, but not limited to, any stable, paddock, yard, runway, pen, or enclosure, or any manure pile shall be located within the front yard nor be closer than 10 feet from any side property line; F. The keeping of animals and livestock is limited as follows: 1. Not more than three horses, mules, donkeys, bovine, llama or alpacas shall be permitted per gross acre (5); or 2. Not more than six sheep or goats shall be permitted per gross acre; or 3. Any equivalent combination of subsections (F)(1) and (F)(2) of this section; (6) G. Small Animals /Fowl. A maximum of one animal or fowl, including chicken, duck, turkey, goose or similar domesticated fowl, or rabbit, mink, nutria, chinchilla or similar animal (7), may be raised or kept per 3,000 square feet (8) of gross lot area. In addition, a shed, coop, hutch or similar containment structure must be constructed prior to the acquisition of any small animal /fowl; and H. Structures, pens, yards, enclosures, pastures and grazing • areas shall be kept in a clean and sanitary condition. (Ord. 07 -015 § 4, 2007). Questions (1) "Where permitted ". Where is the keeping of animals not permitted? Paragraph A. (2) "The lot or tract must exceed 40,000+ square feet ". Does this requirement apply to just sections A -F3 or sections A -G with the "maximum of one animal or fowl per 3,000 square feet" in section G, merely determining the number of small animals permitted per 40,000+ square Ft, but with no small animals permitted on lots under 40,000 square Ft? Paragraph D. (3) "75 feet ". If this is the set back for poultry and livestock buildings on 40,000+ Sq. Ft. Tots thats acceptable. But, it is overly restrictive if also applied to small animal keeping on lots of less than 40,000 Sq. Ft.. Most cities require 50 Ft. or less set backs. (4) "habitation" Neither Chris Berg, nor Chris the city clerk, could find a definition of this word. Does "habitation" include the neighbors workshop which may be located within 25 Ft. of a animal barn, or is it his house, in which he lives that is located 80 Ft. away from the animal barn, or both? Paragraph F1. (5) " gross acre ". What is it? Why is an acre which is technically 43,560 Sq. Ft. referred to here reference to how many large animals are permitted when the lot size that permits livestock period in section A. is only 40,000+ Sq. Ft.? This is confusing. Paragraph F3. (6) "Any equivalent combination of subsections (F)(1) and (F)(2) of this section" I I understand what this means but please explain it to be certain. Paragraph G. (7) "similar animal" How is this defined, by height, by weight? Turkey and geese which were previously referenced in this section can weight 75 and 40 lbs respectively. Can a person keep a Pygmy goat or a Dwarf Nigerian dairy goat which weights between 30 -50 Lbs and who's head height is just above the knee of an average person? Many dogs are much larger than this. (8) " 3,000 square feet ". Does this Sq. Ft. per animal formula apply to lots Tess than 40,000 Sq. Ft. ? If so this should be clearly stated in the regulation so it is easily understood. If the city expects compliance to its regulations on keeping animals, this section needs to be rethought and rewritten. As it is, even code enforcement officers don't know for sure what is permitted and what is not. I am proposing that a citizens advisory committee be formed to do this and I am volunteering to be on it. Grant C. Rice 16620 E. Valleyway 892 -0944