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2007, 08-28 Regular Meeting MinutesAttendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, August 28, 2007 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 122 meeting. City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Connelly, City Attorney Mike Jackson, Parks & Rec Director Ken Thompson, Finance Director Greg McCormick, Planning Manager Scott Kuhta, Senior Planner Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Christina Janssen, Assistant Planner Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Matthew Larson, Good Shepherd Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: no reports. MAYOR'S REPORT: Mayor Wilhite reported that she attended an SRTC Meeting PUBLIC COMMENTS: Mayor Wilhite invited general public comments; no comments were offered. 1. PUBLIC HEARING: Uniform Development Code Mayor Wilhite explained that written comments will be accepted until the close of the next public hearing, scheduled for September 11; and that for tonight's meeting, the City Clerk will indicate when each speaker has one minute remaining of the allotted three minutes to speak. Mayor Wilhite then opened the public hearing at 6:07 p.m. and invited the first speaker. 1. Steve Trabun, 1411 E. Mission, Avista Regional Business Manager filling in for Patty Shea: said he is here to speak regarding UDC Title 22 and street light standards; he handed the Clerk written comments concerning the standards, and thanked Council for their prior consideration and said he hopes his issues will be included. 2. John Miller, Pinecroft, E. 5817 Bernhill. Mr. Miller also handed the clerk a packet of information to be distributed to Council; he spoke of the idea of mix -use and of the need to resolve issues regarding the Council Regular Meeting: 08 -28 -07 Page 1 of 7 Approved: 09 -11 -07 industrial zone; he said that prior to September 11, he will submit suggested specific language he would like considered; other issues he has he said deal with performance based zoning, and said what goes on behind closed doors stays there; that if you "can't see it or smell it, why care if it's there;" and that he would like Pinecroft to be part of I -2.; and asked to change the proposed Mixed Use Zone to include all provisions of I -1 and I -2 uses. 3. Jerry Reisdorph, 18825 Fairview Court: said he moved to the Valley because of the space; that he sees some houses going in, six or seven to an acre; that developers come in, pack in the houses, and the builders are gone leaving people crammed into small areas with no parks and no place for kids to play; and that Council needs to choose where the high density housing should be and not simply accommodate any developer who asks for a zoning change; he also mentioned that Deputy Mayor Taylor is within his rights to participate in this deliberation, but he (Mr. Reisdorph) still feels Mr. Taylor should have stepped back. 4. Loyd Petersen, 3001 N Joel Court: he said that the newspaper said for a second time that Council voted to override the Planning Commission; he said he doesn't understand why have a Planning Commission with trained people, just to have Council override them; that developers and builders want to squeeze all the land out with no regard for people; and by allowing this high density zoning, means the homes will lose value; and having homes only ten feet apart is a fire hazard and voting for high density zoning will result in deaths. 5. Michael Klein, 8101 E Buckeye, Representing the Orchard Avenue Irrigation District: he spoke of his concern with the airport overlay zone ordinance; said that the District has been studying lots for the last three years, as has the Spokane County Utilities, but with the zoning change, it was put back to one home for every 2.5 acres; he said that the District now has no land available; they have future money but lost all this under this ordinance and he would like the ordinance re- worked to let everyone know that this is a safety overlay zone and to allow building; that Felts Field has a safe record and is a nice area in which to live. 6. George Karlin, 2918 N Joel Road: spoke of the need for quality, not quantity homes; said that where he now lives he gets to see wildlife; and he asked Council to think about what they are doing before they do it. 7. Ron Hormann, 1319 S Shamrock: explained that he is dismayed by the process we are going through; and that it is hard to follow; that he has been to City offices and on the internet, but he is not certain what he is giving comments on; that he cannot find a proposal that is the Council recommendation, or a proposal that Council will take action on; and he assumes the Planning Commission recommended titles are those which will be recommended by Council at some point; he said he supports 19.40.020 requiring the 40,000 square feet minimum lot size; and supports 19.40.030 low density residential intended to preserve the character of the existing development and allow a limited number of large animals; that there is concern that some Councilmembers feel that 40,000 should be reduced to 25,000 because of concerns of special interests and the GMA, but he said that GMA won't jeopardize the character of neighborhoods to support higher density; and he asked Council to support the majority of the property owners. 8. Deanna Hormann, 1319 S Shamrock: she stated that she believes that Title 22 is now correct showing the 40,000 square feet minimum rather than the 25,000; that she doesn't want loopholes in which subdivision of one -acre tracks can occur; she said that big business will be attracted to and come into the Valley based on how we look as a community and how organized and appealing our neighborhoods are as big businesses have families; that urban villages are a thing of the future and Sprague should be addressed as a potential urban village; and that they have wildlife in their community; that several people staged a search and rescue at their place last Sunday, and they need that ground as it serves many functions. Council Regular Meeting: 08 -28 -07 Page 2 of 7 Approved: 09 -11 -07 9. Art Britton, 18812 E Euclid: said he lives next to the project on Euclid and Buckeye and mentioned traffic at that intersection; he said traffic was congested today as a long and slow train delayed traffic; that he feels the need to keep to the lesser density; that he likes the space but he is losing faith a little with this tight packing, and said we don't need it. 10. Nancy Purcell, 2531 S Adams Road: explained that she read in the August 23 Spokesman Review where our Council said they have no responsibility for denying building permits that would overtax schools and services; that a viable school district is the first thing considered when buying a home; and it is a disservice to tax payers when council says they bear no responsibility for that; that the Boundary Review Board's gerrymandering of borders created a huge problem, and the County, Spokane Valley and Liberty Lake must work together to solve that problem; and to allow excessive building within an area with inadequate schools and services is not responsible planning by council; she said Council needs to listen to taxpayers and not developers, and stated residents are given little or no say in neighborhood development. 11. Greg Bowman, 8205 E Mariette: said that the airport overlay zone ordinance created a bad situation and he wants Council to reconsider and be more fair about the ordinance; that some want to split lots and Council took that away without notifying or asking the public; that he bought property and was told afterwards that he can't split his lots; and he asked for Council's reconsideration to revert this back to the way it was. Theresa Woolerv, N 510 Felts Road: [comments not connected with public hearing, but with Balfour Park.] said that she wants Council to consider her endeavor as a private citizen to enhance a park for the community. Mayor Wilhite said the two of them can discuss this in more detail later. 12. Kevin Rindlisbacher, Steinway Piano Gallery, 134 18 East Nora: said his business is located across from Furniture Row and his property is designated office; that he is not happy about that as the proposed designation is more restrictive than what would currently be allowed as the new designation does not allow retail; he said he doesn't understand why there would be an issue with retail in this area as the area is lower impact and doesn't require any more traffic than an office designation; said if the sign ordinance said it can be regional commercial, he doesn't understand why the need to differentiate; he suggested changing the matrix to allow it so that low impact retailers can fall under the office designation. 13. Tom Watson, 12810 E. Nora: spoke concerning the use matrix going from residential up through office; and said that garden office was excluded from that matrix, and he asked Council to re- examine that as perhaps it was an oversight; he said assisted living facilities make a wonderful transition from the higher end to residential areas, and Council should provide assisted living in garden office. Deputy Mayor Taylor said Council should re -visit the issue. 14. Eric House, 1711 N Flora Road: said for the last four years he has been involved in new construction sales, and his homes range in square footage; that most people he counters are young professionals, empty- nesters, retirees who don't want large lots; they want low- maintenance areas; that these are nice homes and are what people can afford; and added that he lives in the area. Mayor Wilhite invited further public comments. 15. Gisela Dalke, 7703 East Glass: voiced her concerns about the airport issues; said there are infrastructure and density issues; that she recognizes there are various opinions, but rather than base density on the amount of houses per lot, that perhaps it would be possible for developers to create a village design where there are various housing types in one area; that some could live in apartments, or homes, or townhouses, and there could be green areas as well; she said that some people don't want big Council Regular Meeting: 08 -28 -07 Page 3 of 7 Approved: 09 -11 -07 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 08 -07 -2007 12398, 12409, 12413 -12486 $1,673,635.00 08 -17 -2007 12408, 12410, 12411, 12487, 12488, 12491 12499 -12598 $302,422.63 08 -14 -2007 12490, 12493 $368,980.42 GRAND TOTAL $2,345.038.05 lots and she doesn't want big lots; she likes green but doesn't want to take care of it; and that at some point developers should pitch in to create some of those green spaces. Mayor Wilhite invited further public comments; no comments were offered and Mayor Wilhite closed the public hearing at 6:53 p.m. Councilmember DeVleming asked if the internet versions of the UDC title are redline versions so the public can see the suggested changes, and Mr. McCormick said that most of the titles have been updated with Council's changes and those are available but not on the website yet as nothing has been officially adopted; that staff could present those titles as Council's preliminary drafts; and he added that only two titles (19 and 22) are outstanding and that comments received tonight mostly relate to those titles. Councilmember DeVleming recommended placing on the city's website, "Council preliminary drafts" of the UDC titles with the exception of titles 19 and 22. Deputy Mayor Taylor remarked that having the working titles (19 and 22) on the website is difficult as Council has been changing those titles twice a week; making placing a "preliminary council draft" of those titles difficult; adding that Council also wants to wait and see the maps recommended by the Planning Commission; and that he does not want to confuse members of the public. Councilmember Gothmann remarked that even though staff could put "council approved drafts" on the website, the entire UDC will continually be a work in progress. Mayor Wilhite said that she would like to take into consideration comments sent in; and with the extended deadline of comments, she wants to compare everything received from the Planning Commission and examine all documents next week, including public comments. Councilmember Munson reminded everyone that nothing has been finalized yet, and there is another public hearing set for September 11. Mayor Wilhite said the final determination of the UDC is scheduled for the September 25 council meeting. Mayor Wilhite called for a recess at 7:01 p.m., and reconvened the meeting at 7:15 p.m. 2. 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. Following Claim Vouchers: b. Payroll for Period Ending August 15, 2007: $191,923.3 c. Resolution 07 -015 Setting Planning Commission Public Hearing for Street Vacation STV 04 -07 d. Police Precinct Building Lease Modification e. Homeland Security Precinct Grant f. Land Acquisition: Real Property Related to Streets g. Extension of Time to Submit Uniform Development Code Written Comments — Mike Connelly h. Minutes from August 13, 2007 Special Council Study Session Meeting i. Minutes from August 14, 2007 Regular Council Meeting j. Minutes from August 21, 2007 Council Study Session Meeting It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the Consent agenda as presented. Council Regular Meeting: 08 -28 -07 Page 4 of 7 Approved: 09 -11 -07 NEW BUSINESS: nia PUBLIC COMMENTS Mayor Wilhite invited general public comments; no comments were offered. ADMINISTRATIVE REPORTS: 3. Balfour Park — Mike Jackson Parks and Recreation Director Jackson explained that Theresa Woolery is interested in raising money to construct a water spray park in Balfour Park; and if successful, this would be a project for Parks and Recreation to maintain and operate; that staff needs to further examine the scope of the project, but the first step would be to have a feasibility study to determine if the park would support such project, and to determine if this would fit in with other long -range needs of the City within the park system. If this project were approved, Mr. Jackson said it is possible for it to be absorbed in the maintenance of the other pools, or could be staffed separately; and that it is possible to have this as part of the existing pool contract, or it could be staffed by seasonal park staff or monitored; and that staff is examining other spray parks in the area such as Liberty Lake. Mr. Jackson said the feasibility study could take ninety days at an estimated cost of $7,500; that it is possible to fit this into the Parks masterplan, but not as part of the city center concept. After further discussion of the parks in general, it was council consensus that without raising false expectations of a completed project, that staff should move forward with a feasibility study at the citizen's expense; and staff should also contact the Kiwanis Club for possible assistance. 4. UDC Deliberation — Greg McCormick Deliberation began with 22.70, page 31, "m "; and after brief discussion City Clerk Bainbridge mentioned that it was Council consensus at the August 21 meeting to omit "m" after discussion of the definition of gravel. [m. The use of gravel shall not satisfy the requirement for landscaping... ] Discussion included screening and buffering and whether this section is too ambitious and requires too much landscaping; code requirements and enforcement issues; swales and swale maintenance; maintaining the landscaping on City property; the buffers required by type as shown on table 22.70 -2; having an attractive area to drive through (the Sprague corridor); and the suggestion of having an arborist comment on this portion of the title. It was decided to keep this as is, keeping in mind it can be changed later if needed. There was also consensus to include "gravel" and "decorative rock" in the definitions, as well as mention of the need for an index.. Page 31 (redline version) n -q — no change. 6 Street Trees (page 31) - discussed having an arborist review this and the diagram on page 32; but further discussion resulted in no change. 7. Landscaping Requirements for Parking Areas e. Amount and location: II — Deputy Mayor Taylor suggested deleting this as he said he feels the requirement is arbitrary for a parking lot island to have one medium tree, and said that perhaps it should include different shrubs or flowers. Further discussion resulted in a majority of Councilmembers supporting leaving the item as is. In response to a question concerning parking lot standards, Mr. Kuhta said he will research whether parking lots are required to have islands. Council Regular Meeting: 08 -28 -07 Page 5 of 7 Approved: 09 -11 -07 8. Landscaping for Required for Common Open Space [editor's note: omit the word "for" as shown] no other changes 9. Screening of Loading Docks — no change 10. Landscaping requirements for freestanding signs — no change 11. Xeriscaping. no change 12. Modification of Landscaping Requirement — no change Table 22.70.5 Credits of tree preservation - no change 13. Installation, Maintenance & Enforcement — no change 14. Landscaping Plan Requirements — no change 22.110 Sign Regulations There was brief discussion about electronic signs, and Mr. Connelly said that those changes would be premature at this point as prohibited signs will be re- examined later as well as billboards, and there will be future discussions on whether to impose any additional restrictions. It was mentioned this section includes suggestions by the Ad Hoc Sign Committee; and that permanent signs lawfully erected are grandfathered in; but portable signs have never been allowed. Mr. Connelly said the biggest change here deals with temporary signs; and if there was no copy on the signs (like murals or streamers) it would not be a concern; and that a section was created to allow for temporary signs of a specific time period, such as open house signs, lease signs, construction signs, or lease of property; but that those signs must be attached into the ground or a structure; and that portable reality signs set on the public right -of -way are not permitted. 22.110.020 Prohibited Signs Discussion centered on code enforcement and the current "complaint driven" process. Mr. Mercier said that Council previously recognized that staff would be more pro - active in dealing with signage along Sprague, specifically with those signs presenting a safety issue or non - conforming signs; but that now might be a good time to consider, or think about considering in the future, a larger policy issue of having Code Enforcement more pro- active and not only acting on complaints. Councilmember DeVleming agreed and mentioned the "bandit" signs such as "we buy houses" etc. and mentioned the idea of having staff remove the signs. Mr. Mercier said staff can develop a program to meet Council's interest, and mentioned there may be extra legal steps involved in removing signs. It was determined that this issue will be a policy issue to discuss at another time. 22.110.030 Permit Required. — no change 22.110.040 Number, General Regulations for Permitted Permanent Signs — no change Mr. Connelly brought attention to the newly created special category for "decorative emblem or standard" sign (the Gus Johnson flagpole signs), and the allowance of those if they adhere to a specific size and are attached to light standards. 22.110.050. Permitted Temporary Signs — no change Council Regular Meeting: 08 -28 -07 Page 6 of 7 Approved: 09 -11 -07 22.110.060 General Provisions Applicable to All Signs — no change In response to Council question, Mr. McCormick said there will be significant changes in the corridor once the subarea plan is approved. 22.110.070 Comprehensive Sign Plan — no change 22.] 10.080 Aesthetic Corridors Staff will check #1 to make sure this matches with that listed in the Comprehensive Plan. 22.110.090 Sign Location and Front Setbacks — no change 22.1 10.100 — Sign Area Calculation — no change Attorney Connelly mentioned the words "Harley Davidson" were removed. 22.110.110 Maintenance of Signs 6. Consensus to make the following change: "Any abandoned sign support structure shall be removed within thirty-six (36) months by the owner or lessee of the premises upon which the sign is located when It was moved by Deputy Mayor Taylor and seconded, to extend the meeting for fifteen minutes. vote by Acclamation: In favor: Mayor Wilhite, Deputy Mayor Taylor, and Councilmembers Schimmels, Gothrnann, Denenny, and Munson. Opposed: Councilmember DeVleming. Abstentions: None. Motion carried. 22.110.120 Existing Nonconforming Signs — no change 22.110.130 billboards la. Consensus to change as follows: "No rReplacement billboards shall not exceed the height....." ld. Consensus to reinstate the deleted language. Prior to the meeting being adjourned, Mr. Mercier asked Council if they had any objection to moving the information item of CII2MHILL to the next consent agenda, and Council stated they had no objection. It was moved by Councilrnember Munson, .seconded, and unanimously agreed to adjourn. There was no executive session. The meeting adjourned at 9:10 p.m. ATTEST: Kristine Bainbridge, Ci Clerk Diana Wilhite, Mayor p. tki Council Regular Meeting: 08 - 28 - 07 Page 7 of 7 Approved: 09 -11 -07 NAME PLEASE PRINT ADDRESS ZIP TELEPHONE Sr ril45 7720 4 Ile ,s, -,g. c 1/(/ E. ,t(s_5e0) ryzzo 5:,--. c/ 5-Z5Z? .. n V\i'tl(Ct46 Fj?Au1( S r7,2 r , 1-9 I c c Gd,'( £ f d 2 •<< it 0 r tAg- 7 c,..... 2 S c a- 7/ y a .-.eC.? i fe-t 4 ? L-10 fL -3- 149` J(, Clod ('42. P.Jr, T- 7 9"ze~73S '_'\ O,9w l (+iv.. err J•:r't' • 'k.1st $ioIEn:.frke Y _ `)1011.2 90?4 - ys - &. 3 ,o i'1 6C= if 4 g Li il/ `? / 8 ,v 7 ( o 2 - 1 4 1 7 1 — 6 ( 0 4 1 1 1) X X 9 '/ 6. 2 - 76'y g4/ G '' i t) o A/14AL° /c /? .5. ,&hiai Peck ??0 7 V V77,4 - D00.,„„ rw. b x,„ i -5 \ s• Sk [f 0 � ? 1 ! -L ! i,2 ,t.■•c" 6.,„"gt,_ � , jff2fa_ t cL 10 site? ? t--/'irF /I/avic /j t r c e .// � s Ar i ins k Q d ?9 7 ? 6- - cess 5 /-)- '5 - 7-5 .-. - 1 - r �2 g f �f,, 72, z 9.27--ice (2 / 5 ot /v 2 ?2c cO 1 Wrie..11% c i1/4.4.9[4 . 1121---- 2 G /L� ev�,� f 'i/'S Lh.- Pak � S ?7 7 7- ,2 -2 /1 .o � �I ‘44, • PUBLIC COMMENT UNIFORM DEVELOPMENT CODE SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: August 28, 2007 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sign in if you wish to make public comments. Al 4 111-re IRRIGATION District #6 8101 E. Buckeye Spokane, WA 89212 Greg Bowman At t. n t tM .n.g.r (509) 926 -4563 CELL: 991 -6412 NAME PLEASE PRINT ADDRESS ZIP TELEPHONE __--- • / 04 f (elil CA/ / EA/Die 992/4 4p say- 7/0 - Y38 4 , 'fr .,. PUBLIC COMMENT UNIFORM DEVELOPMENT CODE SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: August 28, 2007 CITIZEN COMMENTS YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES Sign in if you wish to make Dublic comments. GENERAL PUI3LIC COMMENT SPOKANE VALLEY CITY COUNCIL MEETING DATE: August 28, 2007 CITIZEN COMMENTS YOUR SPEAIENG TIME WILL BE LIMITED TO THREE MINUTES Sign in i f • you wish to make public comments. SIGN -IN SHEET NAME TOPIC OF CONCERN YOU WILL SPEAK ABOUT PLEASy PRINT A/2- L.-6) ,j 7 ADDRESS TELEPHONE 1 )- 2'