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2006, 04-11 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 89 meeting. Attendance: 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 Special /Regular Meeting Tuesday April 11, 2006 City Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Mike Jackson, Parks & Rec Director Tom Scholtens, Building Official Marina Sukup, Community Development Director Greg McCormick, Planning Manager Scott Kuhta, Senior Planner Morgan Koudelka, Administrative Analyst Carolbelle Branch, Public Information Officer Greg, "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Barry Foster, Valleypoint Baptist Church at Pines gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Wilhite led everyone in the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present. APPROVAL OF AGENDA It was moved by Councilmember Munson, seconded and unanimously passed to approve the amended agenda as presented. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Denenny: reported that he attended a special meeting of the Health District, and stated that there was some misinformation circulating concerning the sale of the Health District Building, but that they are merely gathering information and data at this time and nothing has occurred concerning any sale. Deputy Mayor Taylor: explained that he attended the welcoming for the 2009 Figure Skating Championships last week. Councilmember Gothmann: stated that he attended the business fair sponsored by the Chamber Of Commerce; the Meals On Wheels open house; the 2009 Figure Skating Promotional; the Chamber of Commerce Government Affairs meeting; the Smithsonian exhibit at the Heritage Museum, and the Spokane Regional Health District meeting. Councilmember Munson: said that he attended a joint Spokane Transit Authority/Spokane Regional Transportation Committee meeting concerning light rail, where it was suggested they ask staff to put together a funding and implementation plan for public along with Board consideration to determine the willingness to pay for a one rail system from downtown Spokane to liberty Lake; and that he also chaired a STA Operations and Administration sub - committee meeting. Council Meeting: 04 -11 -06 Page 1 of 10 Approved by Council: 04 -25 -06 MAYOR'S REPORT: Mayor Wilhite reported that she attended the "red carpet" event for the 2009 World Skating Championships; the Smithsonian exhibit at the Heritage Museum, the Governmental Affairs meeting by the Chamber of Commerce; and she was invited to speak at a meeting for alcohol recovery. Mayor Wilhite then read the proclamation proclaiming April as the Drug -Free Washington and National Alcohol Awareness Month. PUBLIC COMMENTS N.A.Brown, on Marietta: explained that he received a letter dated Oct 24, 2005, that we were not able to get a response to the building owner regarding the trash on the property; [letter from Tom Scholtens] and he wondered if anything had happened. Mayor Wilhite indicated that staff will contact Mr. Brown to let him know the status of this issue. Mr. Brown also mentioned the SE corner of Marlin Drive and Drummond is starting to look like a parking lot. Mayor Wilhite indicated the City's Code Enforcement Officers will check the area. Orville Barnes, 104 S Freya, Suite 119, Spokane, 99202: spoke of an issue that he feels the Cities of Spokane and Spokane Valley need to join forces to resolve; which is the area of the berm on the north side of the freeway just before entering the City of Spokane, which was left by the State's Highway Department; that the area is a disgrace; and that between the two cities, something should be able to be done to at least give the appearance that one is entering into a first class city no matter which direction one might be traveling. Mayor Wilhite mentioned that the two city councils have been discussing the idea of having a joint meeting to discuss issues of common interest, and this would be a prime topic for such a meeting. Joseph Edwards, 16104 East Rich Avenue, 99216: said he owns Edwards Taxi; that permits are required to do business in the City of Spokane; but Spokane city cabs come into the valley with no permit or any type of business permit to run in the city, and thus they take away the business from the Spokane Valley based -cabs. He mentioned he would like to see a legislative ordinance, and that he would be glad to pay for such a permit in addition to his $13.00 business license. 1. PUBLIC HEARING: Final Hearing on Draft Comprehensive Plan Prior to opening the hearing, Mayor Wilhite invited Senior Planner Kuhta to give a brief presentation on the revised land use maps and updated strike - through version of the Capital Facilities Chapter. a. Presentation: Revised Land Use Map, and Updated Strike - through Version, Capital Facilities Mr. Kuhta mentioned the strike - through chapter is the last chapter for review and asked Council to let staff know of any changes or adjustments needed. Councilmember Denenny mentioned that page 47 refers to the wrong table (table 4.31), and as does the table on the next page; and that the dollar references do not reference they are in thousands. Mr. Kuhta said he will check to make sure all the text references the correct tables, and will check those figures and dollar references. It was moved by Councilmember DeVleming and seconded, to approve the strike thru version of the Capital Facilities chapter. Council expressed their appreciation for staff's work in getting the strike - through chapter returned to council so rapidly; and of the monumental job in keeping up with all the necessary changes. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mr. Kuhta said the land use changes are organized into a series of maps to help Council review the changes made; and he briefly explained each map, ending with the final map which is the conglomeration of all the changes and explained that the map also needs to be adopted unless other changes are desired by Council. Council Meeting: 04 -11 -06 Page 2 of 10 Approved by Council: 04 -25 -06 It was moved by Councilmember DeVleming and seconded, to approve the updated land use maps. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Planning Manager McCormick then gave an overview via his PowerPoint presentation, and stated that the first reading of the ordinance to adopt the Comprehensive Plan is set for next week with the final reading scheduled for April 25; and after final adoption, the next steps will be implementation which will take the form of the Uniform Development Code; adding that the Comprehensive Plan will be updated annually, with major updates occurring every five years. Mayor Wilhite said that part of the Comprehensive Plan includes the Transportation Element, which also describes the various types of roads; and she asked Public Works Director Kersten to give a definition of a collector road. Mr. Kersten said there are collector roads and residential roads; that a collector is the lowest level of arterial with higher levels of major and minor arterials; that a collector typically collects traffic from a local neighborhood which routes the traffic to one of the main arterials; that collectors are typically 41' wide to the back of the curb, with the right -of -way width of a collector 45' wide; that it has a 13' border easement on each side making a total width of 71 feet. He explained that a residential road serves normal residential traffic in the neighborhood, and is typically 34' feet wide to the back of the curb and has a border easement of 13'; and that the border easement includes the swales and at the outside, a five foot sidewalk. Mr. Kersten explained that there are options in the code if a developer wants to have a larger area or a site for stormwater runoff, and said that the easement area could be narrowed. Mr. Kersten said that collectors are generally wide enough to accommodate parking on both sides and have two lanes of traffic, but there are no bike lanes on collectors but are on arterials. Residential streets, he explained, are narrower with no clear room for two full lanes of traffic; that the width of a residential street is determined by having parked cars on both sides and being able to accommodate the largest emergency vehicle to maneuver up and down the street. Mayor Wilhite stated that when the City of Spokane Valley plans to improve streets within the community, notice is given to the public prior to renovation; and that developers are required to develop the road in front of the development property. Mr. Kersten said that the 16 Street project is an example, and for that project, all landowners were notified, and staff and landowners met to discuss any issues associated with the transition from the roadway to the landowners' land; and when new development occurs, the developer would have to upgrade his half of the street to the centerline of the road, to the new standard, and only in front of the property he is developing. b. Open Public Hearing for Public Comments Mayor Wilhite opened the public hearing at 6:44 p.m. and invited public comments. John Morrison, Real Estate Broker in Spokane, 17424 N Brookside Lane, Colbert, Wa: Mr. Morrison explained he speaks tonight on behalf of a property owner on Willow Road who asked him to come to make comments as the owner is out of town; his lot is one lot off of Mission; that the owner put in water and sewer and wanted the lot to be a duplex lot; the lot sold and in the process of obtaining duplex permits, it was discovered the area is zoned UR 3.5 which requires a 20,000 square foot lot and this lot only had 7,400 square feet; and that he was told it doesn't even accommodate a single family home; but he could get a permit as a non - conforming use; and he asked Council to consider looking at that area which now contains some single family homes and duplexes, which is bordered by UR -22 on both sides; and he asked Council to change that zoning to allow for duplexes. The parcel number of the lot is 45083.0313, and is one block east of Mullan, and this is the second lot on Willow, located north of Mission. Dr. Philip Rudy, 5647 N Fruithill, with a business located at 720 N Argonne: spoke to the proposed zoning map in the area bounded by the freeway and Mullan, Mission, and Locust; and the distributed a color map with current zoning and recommended zoning; he suggested a recommended change as per the map, because 70% of the neighborhood is currently UR -22, B2, and B3; and only that UR cul -de -sac Council Meeting: 04 -11 -06 Page 3 of 10 Approved by Council: 04 -25 -06 portion is not at that higher use; and because the neighborhood is changing as shown in the larger UR parcel; that there is an abandoned foundation because a house was moved from there in preparation of the UR -22 use; there are several duplexes and rentals; and he argued to down change that neighborhood would economically probably not happen; and another reason for making the change is that it clusters commercial development at intersections of major roads; and he recommends council go with the comprehensive plan categories map that said this would be a commercial neighborhood; although he realizes he cannot speak for all the properties. Dr. Ruby said between tonight's hearing and the next hearing, he hopes to have a chance to speak to all the neighbors; and that one neighbor who owns three parcels is here tonight. Councilmember Denenny asked to confirm if what Dr. Rudy asks is to extend the community commercial all the way to Locust, on the front of Mission; and Dr. Rudy concurred. Alice Beattie, 17324 E Montgomery. Spoke to the collector issue; and said that she is aware in looking at the Transportation goals and policies and the six -year transportation plan, that her street, Montgomery, is not on the plan presently or proposed in the near future; and she is concerned since this is an on -going comprehensive plan, and things will change and adjustments will be made in the future; and she asks that council put into record the concern for their neighborhood, which is unique with the River on the edge of the street; that Montgomery does not want to be considered a collector now or in the future. Councilmember Munson added that any improvements to that road will have to be carefully planned and funded in the transportation improvement plan, which is reviewed annually and which is also subject to a public hearing. Leonard Bouge, 304 S Conklin Road; Spokane Valley 99037: he read his comments (and gave a copy to the City clerk) and questions of how the previous request has been addressed in the comprehensive plan; that he has submitted correspondence with the planning department but has not received an answer; that he owns property at 4308 S Woodruff, he purchased it with the intent of short platting it into two parcels in order to have a home there close to his family; and he wants to know what provisions have been made to allow that to occur, and asked if a grandfather clause has been included in the comprehensive plan. Councilmember Gothmann explained that the Comprehensive Plan only addresses the entire land (Ponderosa neighborhood) as low density residential; with low density defined as between one and six units per acre; and that the development regulations will take care of which portions are designed UR 3.5 and UR -1; and Mr. Bouge's problem as well; and he suggests Mr. Bouge talk to Director Sukup as these concerns should exist in the development regulations which will go through the Planning Commission. Gail Stiltner, 10119 East 44 —' Avenue Spokane Valley 99206: she stated that she supports the need for a city center and feels it is a priority; and she stressed bringing in all affected parties at the earliest stage possible to accomplish this; she also addressed the land use section on page 8 and mentioned that the GMA in actual practice doesn't work well for her area, and that there are huge loop holes which make it difficult for neighborhoods to take any actions on their behalf; and she asks council to keep in mind how to close the loopholes to make the GMA work as it was intended. She asked that the process and guidelines occur as soon as possible; and said that neighborhoods and neighbors are anxious to be involved. She stated it is her hope that impact fees will be substantial so general citizens won't bear the burden of development; and also that transportation studies need to be focused on safety issues, and to target those issues as soon as possible. At French, office address of 124 E Walton, office: 99207: said he is a local architect and development consultant, and here on behalf of his clients who own property on the southeast corner of Layberry and Barker Road; that the property got a zone change from the County Hearing Examiner in 1997, changing the property from UR 3.5 and UR 7 to UR 22; and the change was conditioned that the property be limited to an assisted living facility, which was the project they were trying to do at the time; but State and federal funding for assisted living facilities changed, and construction was not done. He explained that his clients are now trying to develop the property; and cannot develop the property to the full UR 22 status because of the condition formerly placed on the property; and that he suggests in the adoption Council Meeting: 04 -11 -06 Page 4 of 10 Approved by Council: 04 -25 -06 process, to include language to allow the planning director to go through a process of conforming existing zoning to the new comprehensive land use plan; that there may be conditions in certain areas that were previously placed by the County's hearing examiner. He mentioned that the County has already developed a similar structure whereby at the pre - development meetings, the planning director can make those conforming actions, and he mentioned the City of Spokane is reviewing the possibility of doing likewise. Councilmember Munson asks legal to research to see if council can reverse a specified special decision by a Hearing Examiner based on council's planning. Deputy City Attorney Driskell said the City Attorney's Department will research that issue. Mary Pollard, E 17216 Baldwin, speaking for the North Greenacres neighborhoods: she stated that the neighbors understand that the city does not intend to do anything with their roads; but that the developers are making roads and plans; and the neighbors don't want the old design or the new design by the developer; and may not want parking on both sides of the street or at all; and they were told there was no moratorium, and the developers are building out and local roads are turning into a nightmare and do not include such things as the multi -use paths; that she encourages Council to have a transportation goal that states there should be a fee or some way of garnering funds to do transportation studies of communities that are the most hard pressed for development; she also mentioned the need for affordable housing, and that something needs to be done to assist those people with mental and /or physical incapacities or be able to buy a home. Gail Kogle, 12518 E 24 she spoke of the need for a city center and some city identity; she also mentioned that early in the process of the comprehensive plan discussions of the introduction chapter, the chapter previously had language that mentioned that the area has been important for approximately 12,000 years; that the 12,000 years was discussed and because it might offend some people, and in the spirit of cooperation, that was taken out; and that she would like that put back in as she feels it is an important part of the chapter to realize how long this area has been an area of importance. [see top of page 6 in introduction] Deputy Mayor Taylor suggested perhaps changing that to "thousands of years," and Mayor Wilhite indicated Council will look at that passage again. Brian Isaac, 17212 E Montgomery Avenue; 99016; said his biggest concern is the collector road because if that goes through, he would lose half of his front yard; he feels we are developing too fast and asked if there is a city road plan. Mayor Wilhite indicated city staff is working on a city master street plan, which will be done this year, and that once completed, the plan will be posted on the City's website. Mr. Isaac asked who it is who determines if a road is a collector or residential road. Mayor Wilhite responded that the Public Works Department makes that determination, and the council does approval of the overall road plans. Mr. Isaac said he was told there is a state standard on roads where access to a main road must be 300 feet; and this development is less than 200 feet, the road coming onto Flora, and he wants to know what he can research to determine what the rules are. Mayor Wilhite suggested Mr. Isaac give his name and address to the clerk and staff will contact him to address his questions. Mike Lee, of Northwest Renovators, along with Doug Gore, 415 S Alpine Drive, Liberty Lake: Mr. Lee said they want a re -zone of the property at 1604 S Sullivan Road; that it is currently 3.5 and in working with the Planning Department, he was told to ask for a change from 3.5 to a neighborhood commercial (as per his April 1, 2006 letter); because of the heavy traffic on Sullivan and 16th, they feel it is not a good residential opportunity and ask that it be changed to neighborhood commercial; he explained his reasons for the re -zone as stated in his letter; and said that as of last Friday, NW Renovator is the legal owner of the property. Mayor Wilhite said the Planning Department will review his request. Steve Heaps, 17511 E Montgomery Avenue, Greenacres, Wa: commented concerning the proposed change in the road between Barker and Flora on Montgomery; that it is a country road which goes mostly Council Meeting: 04 -11 -06 Page 5 of 10 Approved by Council: 04 -25 -06 to no -where coming from the corner of Flora and Barker; that he'd like to clear up the rumor that the road was going to be an arterial 80' wide with bike lanes and center turn lane, and asked if perhaps there could be a statement about what the possible or proposed plans might be in process regarding that road. Councilmember Munson said he just finished reading the flyer, and expressed his shock at the amount of misinformation put in writing as everything was wrong; there are no plans to do anything with the road; it will be discussed during any development that might happen in that area; and if there were anything done to the road, it would be done in a public way giving citizens opportunity for comment; and said that whoever wrote the flyer should be ashamed of themselves as it is not accurate. Councilmember Denenny reiterated that earlier tonight, Public Works Director Kersten gave the dimensions and what is involved in a collector, and that the information contained in the flyer does not comport with the information given by Mr. Kersten on what constitutes an arterial or collector. Mayor Wilhite added any time a road is proposed to change, notice is sent to the property owners to meet with staff to discuss those proposed changes. Juli Evans, 1705 N Willow (property owner of Willow Road spoken of by Dr. Rudy). said she is in favor of getting the rest of land changed because now they don't have to apply for a re -zone; and in looking at Dr. Rudy's map, their's is the parcel off the left hand side of Wilbur Road facing Mission, and they also own the two parcels north of the UR -22 parcel, which they were going to get re- zoned; and for those two parcels at least, they would not be opposed to the rezoning of either a business or a UR 22 designation. Mary Pollard, E 17216 Baldwin: said she wanted to clarify that the dimensions referenced by the flyer Councilmember Munson spoke of, were taken off Spokane Valley material which was handed to the resident who came to city hall; and that there was an error in the public works department, and the language previously used by Councilmember Munson was very strong and she feels it was wrong to shame someone who went to the work to get the information. Senior Planner Kuhta explained during the last few days, several letters and e -mails were received from the following individuals, to be made part of the record: 1. Cindy Algeo, Executive Director of Spokane Low Housing Consortium: no concerns about the comp plan housing chapter, they are disappointed that some of the goals and policies do not contain measurable outcomes. 2. Art Nowell, with the Spokane Housing, similar comments about the housing element of the comp plan 3. Chuck Hafner, concerning neighborhood issues with the neighborhood chapter. 4. Scott R. Smith, concerning the Good Samaritan property at 12715 E. Mission: he supports the medical office overlay concept (which Mr. Kuhta said is more of an implementation issue). 5. Al French, who spoke earlier tonight 6. several letters on the Montgomery Road Issue: one letter with no name; Randal McKim, Barbara McCurn, David and Lorie Ebert, Duane and Ladiena Davidson, Mrs. Beattie, Past SCOPE President Judy Rigby, Aaron Rigby and Lance; Jerry Greer, Matt (unable to decipher last name), Gertrude Lohr, Judith Rigby, Justin and Jan Greer, Marilyn Greer, Diane Keller, Meg Mann, Kelly and Kevin Coburn, Michele Holden, Tim Stromberger, Mr. and Mrs. Joe House, Cecil, Russell and Ruth Countrymen, David Coates, Kevin and Teresa Lybbert, and that several people responded back including the Lybberts expressing appreciation for Councilmembers Gothmann and Munson's response and were satisfied with the Councilmember's explanation. c. Continue Public Hearing to April 25, 2006 Council Meeting Mayor Wilhite invited further public comment. As there were no further comments; Mayor Wilhite continued the public hearing to April 25, 2006 council meeting, and that the tonight's portion of the public hearing ended at 7:40 p.m. Mayor Wilhite called for a recess at 7:40 p.m., and reconvened the meeting at 7:50 p.m. Council Meeting: 04 -11 -06 Page 6 of 10 Approved by Council: 04 -25 -06 VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT 03 -17 -2006 8755 $415.95 03 -23 -2006 8754 -8789 $196,308.26 03 -24 -2006 8790 -8821 $633,608.46 GRAND TOTAL $830,332.67 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 Pay Period Ending March 31, 2006: $200,249.57 c. Minutes of March 21, 2006 Special /Regular Council Meeting d. Minutes of March 23, 2006 Special Council Meeting e. Minutes of March 28, 2006 Regular Council Meeting f. Minutes of March 31, 2006 Special Council Meeting g. Resolution 06 -003 Approving Issuance by Industrial Development Corporation of Non - Resource Revenue Bonds (Mackay Manufacturing, Inc.) h. Minutes of April 4, 2006 Council Study Session Meeting It was moved by Councilmember DeVleming, seconded and unanimously agreed, to approve the Consent Agenda. NEW BUSINESS 3. First Reading Proposed Ordinance 06 -008 Amending Interim Zoning Re Plastic Injection — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 06 -008 to a second reading. Community Development Director Sukup explained that the present business use matrix does not include plastic injection molding; that the use is identified in the Industrial Use Matrix but the process is not defined or described; and that this ordinance will alleviate that situation. She also explained that the proposed amendment was sent to CTED December 8, 2005, and a Determination of Non - Significance was made on the same day. Mayor Wilhite invited public comments; no comments were offered. Vote by Acclamation: in Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading Proposed Ordinance 06 -009 Amending Sign Ordinance — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance ordinance 06 -009 to a second reading. Deputy City Attorney Driskell explained that this issue was initially brought up about a year ago concerning bus benches and the advertising thereon; which is in the rights -of -way. He added that as an attachment for council review, there is a proposed agreement for advertising on bus benches, which changed slightly since first discussed, which is shown in section G concerning the deletion of the general obstruction permit and the added language of "installation or maintenance of benches shall not obstruct traffic flow on the adjacent street." Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Proposed Resolution 06 -004 Establishing Speed Zone at West Valley High School — Cary Driskell After City Clerk Bainbridge read the resolution title, it was moved by Deputy Mayor Taylor and seconded, to approve Resolution 06 -004 as drafted. Deputy City Attorney Driskell explained that the resolution is being brought for council consideration at the request of West Valley High School, for a 20- mph school speed zone through the Vista Road frontage as the school has been facing some safety concerns due to construction work. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Meeting: 04 -11 -06 Page 7 of 10 Approved by Council: 04 -25 -06 6. Motion Consideration: Authorization Electronic Monitoring — Cary Driskell It was moved by Deputy Mayor Taylor and seconded, to authorize staff to send Geiger a letter advising Geiger that the City will pay any costs for electronic home monitoring not covered by inmates for misdemeanor and gross misdemeanor inmates. Deputy City Attorney Driskell requested the motion be modified to include the following words at the end of that motion: "based on a determination of financial need. " As the motion had not been stated for discussion, the mover and seconded concurred to the added language. Deputy City Attorney Driskell stressed that this electronic monitoring would only be for inmates who committed misdemeanors, gross misdemeanors and non - violent offenses. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Motion Consideration: Consultant Services Agreement Supplement with CH2M Hill — Neil Kersten It was moved by Deputy Mayor Taylor and seconded to approve the agreement and authorize the City Manager or designee to sign the Supplemental Agreement for CH2M Hill for the Barker Road Bridge Replacement Project final design in the amount of $760,394.00 ($691,267 plus 10% contingency). Public Works Director Kersten explained that the City received a federal Bridge Replacement Advisory Committee (BRAC) grant covering 100% of the cost for replacement of the Barker Road Bridge; that CH2M Hill completed a study which was reviewed and approved by WSDOT, and which has a total estimate of $10,229,836. As the BRAC funding only covers 100% of the costs up to $10 million, Director Kersten said that staff will work with the consultants to ensure that the total costs remain under $10 million. Director Kersten also noted the construction should be completed in 2008. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstention: None. Motion carried. 8. Motion Consideration: Broadway Avenue Overlay Project Construction Contract — Neil Kersten It was moved by Deputy Mayor Taylor and seconded to award this contract to the lowest responsive bidder, Inland Asphalt Company, approve the agreement, and authorize the City Manager or designee to sign the agreement with Inland Asphalt Company in the amount of $748,350.00. Public Works Director Kersten said the bids received were very competitive; and that the lowest responsive bidder Inland Asphalt, was slightly over the engineer's estimate of $790,268.35; that the project will likely begin mid - June after school closes for the summer; that federal funding for the project is $702,986; and City participation is $109,715; with $35,000 for contingency. Councilmember DeVleming asked about striping, and after brief discussion about making the road as safe as possible, Mr. Kersten said staff will bring back an information item stating the pros and cons associated with options for this project, including striping, and left-hand turn lanes. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstention: None. Motion carried. PUBLIC COMMENTS Dick Behm, 3626 S Ridgeview Drive: said he previously sent Council an e -mail, and sent pictures to Director Sukup and Senior Planner Kuhta, showing all- terrain vehicle (ATV) use of the Dishman Hills area; that he requests Council consider banning or requiring a permit for off road vehicles use in commercial areas; that ATV activity occurred in the Dishman Hills area last week and by Monday morning the road was covered in mud; he mentioned that some of that property is railroad owned property; that he is concerned about safety; and the trails going into the area; and is not asking for a ban on the use of ATVs, but regulations to control such use. Steve Skipworth, Vera Director of Operations, 601 N Evergreen Road: his comments were concerning the Road Obstruction Right -of -way procedures report listed as tonight's agenda item #10; that it came to their attention that the City might require obstruction permits for work done in the public right -of -way; that Vera is a public utility and they have crews working day in and out in the public right -of -way; and he is not sure what it is we are proposing, but it appears we are looking for fees every time they stop at a Council Meeting: 04 -11 -06 Page 8 of 10 Approved by Council: 04 -25 -06 location; which could become difficult; he voiced his concern of any cost and benefit, and said that any fees assessed would be passed to their customers; and if the City decided to have a committee meeting concerning this subject, Vera would be interested in having someone on that committee. Judy Cole, representative of Avista: also commented on the road obstruction right -of -way procedures report; said the details are not clear; and added that she would be interested in working closely with the City to find resolution on some of the issues, such as participating on a task force for meetings; that they began researching this topic to see how it is addressed in other areas and that they are willing to exchange that information with City officials and staff. ADMINISTRATIVE REPORTS: 9. CenterPlace Update — Mike Jackson Parks and Recreation Director Jackson discussed his PowerPoint presentation, followed by a brief discussion of the administrative Policy and Procedure for rental of the facilities, including the process for waiving fees, adding that city- sponsored activities fall under this category, and as do other governmental meetings and events which do not charge a fee. Council and staff discussion included marketing through the Convention Visitor's Bureau, fees in general, and the idea of a regional facilities guide. Councilmember Schimmels also suggested a 20 m.p.h. speed restriction be considered for Mirabeau Parkway, which Director Jackson said he would refer to public works. It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to extend the meeting to 9:15 p. m. 10. Road Obstruction Right -of -way Procedures — Tom Scholtens Via his PowerPoint presentation, Building Official Scholtens explained the current policy and ordinance concerning road obstruction right -of -way procedures; and said that any work done within the City right - of -way, must have a permit. Council /staff discussion included questions concerning quick stops, flagmen, fire department activities, and utility company work. It was moved by Deputy Mayor Taylor, seconded, and unanimously agreed to extend the meeting to 9:30 p.m. Administrative Analyst Koudelka gave the summary of the process and the fee amount and how the Pavement -Cut policy affect this type of work; ending with examples of fee methods from other cities. It was moved by Deputy Mayor Taylor, seconded, and unanimously agreed to extend the meeting to 9:45 p.m. Deputy Mayor Taylor said he likes the idea of separate fees for frequent users; and Councilmember Gothmann suggested staff gather input from the utility companies. Building Official Scholtens said he met with Avista representatives yesterday to discuss the pavement cut policy issues and stated staff and the utility companies are working toward a better working relationship. Councilmember DeVleming suggested that the every -day activities should be different from the longer, occasional activities, such as from picking up trash, to repair of electrical, water, cable or other lines. Councilmember DeVleming suggested we acknowledge the difference between a utility cut and everyday work to determine what does and does not require an inspection and a permit; and he suggested creating an ad hoc committee with staff and stakeholders to determine what works best for all, and bring that information back to council. Councilmember Munson also suggested including first responders as part of the committee. Councilmembers concurred that an ad hoc committee should be formed, to include staff and stakeholders including first responders; and that staff will work on the fee structure for the two separate issues — those activities which require inspection and those which do not; and that staff will bring further information Council Meeting: 04 -11 -06 Page 9 of 10 Approved by Council: 04 -25 -06 back to council on what this committee might look like, and will also address in the form of an action item, any amendments to the current ordinance. EXECUTIVE SESSION: Pending Litigation and Personnel Matter It was moved by Councilmember Munson, seconded and unanimously agreed to extend the meeting to 10:00 p.m. It was then moved, seconded, and unanimously agreed to adjourn into Executive Session for fifteen minutes to discuss pending litigation and a personnel matter; and that afterwards, no decisions will be made. Council adjourned into Executive Session at 9:44 p.m. Mayor Wilhite declared council out of Executive Session at 9:57 p.m.; it was then moved by Councilmember Munson, .seconded, and unanimously agreed to adjourn. The meeting adjourned at 9:57 p.m. ATTE l ristine Bainbridge, Ci q.(-(v\k6, W:(.0 lAila Diana Wilhite, Mayor Council Meeting: 04 -11 -06 Page 10 of 10 Approved by Council: 04 -25 -06 N ANIL PLEASE PRINT ADDRESS j' TELEPHONE V“ 754/y af- 7 s�v III rk ir a rarCkc d 7.1 6 41.1 7Prti , Z.10_ Veta fi rev ink" -t 2<Yj f%- IL(p L.. 2 UPy Jas �' � rZr7S 1Lro9 L . R - 4-, o f A. - ! ( 732 o 30 S 0,4,,,.)?,,-0,5,--,c, ` 7Y --i - V y 2Z- (/ '7 3 p f l • -n-, ZCN Zo(266 _, - A� /7 ?! p yUh /V. Dog,- lCo4 p 19 '/ J4 7Z Ca, Si . ,l -\\ !OLLo E y`` /KJ 9aNI- Caq,?. 4'st- fi00,,-;43 12.¥ ._ J ci V1' 3 3/ f •I r L ��( `i.v� L/ i/ J .4'V'IA ,_ ? —'¢ q • Sr�C 7lM.q 1 r*� ) % 4 ge dal - /a5' C Q .. 60,tz Iasi X E ay 3 V. ?- czv's►.,- S / AL 1jZt2 cyloNacimlc l 9Z)-S NO N kane Valley SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, April 11, 2006 PUBLIC HEARING SIGN -IN SHEET SUBJECT: Draft Comprehensive Plan IF YOU WOULD LIKE ID SITAK at the Public Hcaring4 pknksi&4L.belQW. PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. T' %pe Urban Arterial System Urban Collector System Rural Arterial System Classification Principal Minor Collector Major and Minor Collector Construction Curb Shoulder Curb Curb ADT All All All All Below 400 400 -2000 Over 2000 Painted Center /Left -tum Lanes' 12' 12' 12' 12' - - - Inside lanes 12' 12' 12' 12' Intermediate lanes 12' 12' 12' 12' Outside lanes' 16' 12' 16' 16' 12' 12' 12' Shoulder 8' 3' 6' 8' Border w/ Swale 18' 15' 18' 18' 10' 10' 15' Border w/o Swale 15' 8' 15' 15' 6' 8' 8' Roadway Width W) 2 lanes — — 44' 37' 30' 36' 40' 3 lanes 46' — 46' — — — — 4 lanes 56' 64' 56' — -- — 64' 5 lanes 70' 78' 70' — — — — 6 lanes 80' 102' -- — — — -- 7lanes 94' — — — — — — Right of Way width See Section 3.08 See next page for footnotes. Spokane County Standards February 2001 TABLE 3.02 ARTERIAL AND COLLECTOR STREET DESIGN ELEMENTS MINIMUM WIDTHS Page 3 -6 1. Traveled lanes of a two-lane road are shown as outside lanes. 2. Distance W is shown on Standard Plan sheet A -1 3. Parking lanes included. 4. Where raised median islands are required, the center lane or left -tum lane shall be fourteen feet in width. TABLE 3.02 ARTERIAL AND COLLECTOR STREET DESIGN ELEMENTS MINIMUM WIDTHS Spokane County Standards Page 3 -7 FebruL 001 4 - OMEN GENERAL NOTES (1na Nola 5) - t 14N? 001L ana /Tr{ SEE MOIL 11 — PAM( •CNI. SEY •U1t7 1 • I. 1. PAVEILN1 ho AY BE A' H1 ALT CONCRETE OR POR•AIO CMENT CO/OICTE AS DE MANNED BY 1H1E COUNTY CMWIEER. Z PAYMENT, CT4ISHED SLRf r17P Cain( ANSI CRUSHED %AVACNC BASE COt1RSE THUOUESSES SWILL R CCTLaa4NLO BY IRAfflC twos ANO 5 k vALLJES OITOI SLOPES AND S10E SL OPES 9141 BE No STEEPER nom PI&MS SHOWN UNLESS REC[>1NIEli0ED EY A SULS REPOBI AND APPfsato B Y n+t COUN I Y ENGOEDL E ><CAVABON SLOPES IuadR TAM a' SHALL it oETERunEA BY SOLS TESTING. *11r SItALL DE SHIOMi C11 CONSTRUCTION PLANS. S. WERE il'I t -TURN I A1ES ARL PEOLIOCO. Y -17 HIEN LI MAN IS P TED MEN RAISED YEDHAN sung TwE Y OusiB USED LI -11' othriiwSt u -0 1. SHALL BE uSED O&Y MERE QPItOJED HY At COUNTY ETICTVECR. 7. r PL S mum ARr USED AS A 1lcWIt1RAINN SwALE. THE wont SHALL BE 10' It • Kan TO CILM IDLE SECTION VCR LOCATIOi OE Rltan OHirCrs a. (MIEN *AM= UEDIATLS ARE COMi1NUXUS LIETNCEN WTLRSCC DONS. (1M -u) /7 '➢/ALL NOT BL LESS MAN 1s 1/3 /ut UETt1U IiJ I( S ALUed 1101; 1 • csr p Harts 7.L I a Cb1Tl JW% SOtWJLA i.=TLE SPOKANE COUNTY DEPARTMENT OF PUBUC WORKS Ig1A1t. 41. 44310 ass - 1/m SEL MOIL t C4uSMD war AONG nor COU11A CRUSE* BUM/ ArJ11C SAX MUMS( APPROVED:-_ caw ?I 0111 • -.. r r • ST!E N011 7 r -r• -•- 7. "so' BORDER BORDER CON TIGUOUS SIDEWALK SEE NOTE 6 SIDEWALK A Sloan1 ST AND ARO ROADWAY SECTION — CURBED SEC TATKE n Sgf1 1 A -1 ROAD TYPE 'S.N RAECSO3ENILAL S" LAN OTHER a' INN 4 - OMEN GENERAL NOTES (1na Nola 5) - t 14N? 001L ana /Tr{ SEE MOIL 11 — PAM( •CNI. SEY •U1t7 1 • I. 1. PAVEILN1 ho AY BE A' H1 ALT CONCRETE OR POR•AIO CMENT CO/OICTE AS DE MANNED BY 1H1E COUNTY CMWIEER. Z PAYMENT, CT4ISHED SLRf r17P Cain( ANSI CRUSHED %AVACNC BASE COt1RSE THUOUESSES SWILL R CCTLaa4NLO BY IRAfflC twos ANO 5 k vALLJES OITOI SLOPES AND S10E SL OPES 9141 BE No STEEPER nom PI&MS SHOWN UNLESS REC[>1NIEli0ED EY A SULS REPOBI AND APPfsato B Y n+t COUN I Y ENGOEDL E ><CAVABON SLOPES IuadR TAM a' SHALL it oETERunEA BY SOLS TESTING. *11r SItALL DE SHIOMi C11 CONSTRUCTION PLANS. S. WERE il'I t -TURN I A1ES ARL PEOLIOCO. Y -17 HIEN LI MAN IS P TED MEN RAISED YEDHAN sung TwE Y OusiB USED LI -11' othriiwSt u -0 1. SHALL BE uSED O&Y MERE QPItOJED HY At COUNTY ETICTVECR. 7. r PL S mum ARr USED AS A 1lcWIt1RAINN SwALE. THE wont SHALL BE 10' It • Kan TO CILM IDLE SECTION VCR LOCATIOi OE Rltan OHirCrs a. (MIEN *AM= UEDIATLS ARE COMi1NUXUS LIETNCEN WTLRSCC DONS. (1M -u) /7 '➢/ALL NOT BL LESS MAN 1s 1/3 /ut UETt1U IiJ I( S ALUed 1101; 1 • csr p Harts 7.L I a Cb1Tl JW% SOtWJLA i.=TLE SPOKANE COUNTY DEPARTMENT OF PUBUC WORKS Ig1A1t. 41. 44310 ass - 1/m SEL MOIL t C4uSMD war AONG nor COU11A CRUSE* BUM/ ArJ11C SAX MUMS( APPROVED:-_ caw ?I 0111 • -.. r r • ST!E N011 7 r -r• -•- 7. "so' BORDER BORDER CON TIGUOUS SIDEWALK SEE NOTE 6 SIDEWALK A Sloan1 ST AND ARO ROADWAY SECTION — CURBED SEC TATKE n Sgf1 1 A -1 April 11, 2006 City Clerk City of Spokane Valley 1707 E Sprague Ave, Suite 106 Spokane Valley, WA 99206 RE: Rezone of 1604 South Sullivan Road In the review of the current comprehensive plan, Northwest Renovators, Inc. requests the City of Spokane Valley approve a rezone of the property at 1604 South Sullivan Road, (Parcel number 45261.0407) from residential 3.5 to neighborhood commercial B I. The requested property is located at the southwest corner of the heavy traffic intersection of 16 Avenue and Sullivan Road. The current condition of the property is a dilapidated foreclosure and serves as an eyesore for the community. As evidenced in the exhibits, this parcel is surrounded by Quasi Public, in the comprehensive plan, and is isolated as an island from any residential neighborhood and therefore is no longer suitable for residential use. We believe the evidence greatly supports changing this parcel to neighborhood commercial. The Neighborhood Business Zone (B1) Chapter 14.624.100 paragraph two (2) states The number of such areas shall be limited by spacing such areas a minimum of one -half (1/2) mile apart." The closest comparisons would be approximately' /. ofa mile away at 5 Avenue and Sullivan Road. •Ihis paragraph further states "whenever possible in a one - business island centrally located in the trade area...." As you can see from the exhibits, this parcel is certainly a centrally located "island ". In addition, paragraph three (3) states '`Site access should be provided by a Collector Arterial or higher arterial road classification." Sullivan Road and 16 Avenue are both designated as urban principal arterials. We appreciate your time and effort in considering 1604 South Sullivan Road for a rezone change from residential 3.5 to neighborhood commercial. Sincerely, Michael Lee (509) 993 -2739 Northwest Renovators, Inc. "%miffing 9»a d& - Doug Gore (509) 487 -1508 PO Box 88.5 Liberty Lake, WA 99019 -0885 I ��` Z4 SW 7 l t 'TWIN won :-As m r : Ne,piirotaat v wsisip ev JEL4 -.36 sm. ILI I Li! A 1111114N s'rs Hwy. ;-• re i http: / /usgs.spokanrcounty.org/output/ Parcels _Sections_USGSSC46204788986. j pg -- - - - - tztifiN sites 1 - 7 - 2_∎ z � HONT501-44-1 Co t2 & 11(AC.taa S ( r4 v I ec1 . r. • 7. saw- III n--- I . i ii i 1 =eve f t ) 3 _ Q I 1 a i t • llli i _:: i se z ; a IL mz t Ws 1- L UNPLATTED WC • • j • ; AVENUE L = • • L. . - .. V r, 1 ' i 13 WIN max. +.� � - -< < � . 4 %. . r - -- 1 ■ era 1It f�= �L+.7 L - •.. .. .. •.... LLan 1 — v 0 1� • l - -_ � f - -1 -� - - 3 4 Z 1 ...,..,.1 16 X 1 6 1 1 UNPLATTED 1 a ' Ext5:r r- - _ - 'eP • 1 om� i - �trp - - -....4..._ - 1 Ee 1 1 1 _. North Greenacres Neighborhood Planning Official Public Comment on Comprehensive Plan April 11, 2006 Dear Honorable Mayor Wilhite and Council Members, I'd like to thank Mayor Wilhite for going the extra mile to come out to our neighborhood and take a look at our area. It warmed our hearts and was immensely appreciated. Mr. Gothmann has also gone the extra mile of endeavoring to explain the city's view point. Montgomery is not on the TIP but that doesn't mean private development isn't building roads to the county standards. Basically while Spokane Valley isn't baking cookies and states they are not going to use a cookie cutter approach, Developers are making cookie cutter roads with the lone road tool the county cookie cutter. This does not meet the unique topography and transportation problems of our area. 2008 will not address the congestion at the end of Flora where Montgomery begins, nor the other small roads. It needs a study. Goals Needed or Policies for Transportation Provide citywide transportation studies to plan our city streets an define concurrency levels by assessing city -wide fees to appropriate funding to gather this information. Work with other agencies such as SRTC and adjacent municipalities to provide information to access impacts of development within and outside the city limits. The city needs to access a fee from every application designated for regional transportation planning of our entire city. If you can't charge impact fees until you know the condition of the road - get a fee in place to actually complete this job of studying putting a plan into place — prioritizing the areas under the most heavy development — that is the east end of the Valley. County Utilities for Sewer stated today, that this east end of the city is the most heavily hit for development. Areas of intense development should be prioritized for transportation studies and improvements. If there isn't money to actually plan the roads - these areas should be put into urban reserve. We recognize the hard work, countless uncompensated hours that are contributed by the council, and staff but we also ask that our concerns be treated with the merit and concern that they deserve whether the city or the developers are working here — work is being done. People are infuriated to have the questions diverted to a pat answer that is divested of the reality we are looking at. Housing Affordable Housing — specific goals There needs to be more specific goals to provide for affordable housing. We need separate detached housing of owner occupied properties that can be utilized as assessory dwellings or used as rentals. Families with mental illness, reoccurring medical disorders leave these families in a constant financial problem in providing. You have essentially hamstrung the community to be able to give a helping hand to adult family members. Spokane City looked at the 2000 census and while it was generally assumed to have mostly traditional families with children, only 18% are traditional with minor children. Then 33 % are non - traditional living alone or living with a significant other — adult child or other living in their unit. 25% are single elderly. This is compelling information that we need cottage housing, assessory unit housing. Not traditional single family homes. It is becoming the minority that fit this description. This is a huge problem that needs a cure. Spokane Valley very likely reflects this same kind of mix. In single family homes, there is concerted effort to turn them into duplexes or triplexes by sharing a home and renting them by the bedroom at $400 a month. (That was what one investor told me he charges.) Neighborhood Chapter Goal Neighborhoods /Subareas may request the planning commission and city county to initiate sub- area /neighborhood plan map and text amendments at any time, without fee, upon finding proposed changes are in the public's interest and consistent with the Comprehensive Plan. Thank you, Mary Pollard Chair North Greenacres Neighborhood 17216 E. Baldwin Ave. Greenacres WA 99016 4 +Ltd ,e_ek Comments to the Spokane Valley City Cool on April 11, 2006 - 6 PM ...at Council Chambers - City Hall TOPIC: FINAL DRAFT OF THE CITY OF SPOKANE VALLEY'S COMPREHENSIVE PLAN. 1 ALL 1 REALLY WANT TO KNOW LS: HOW HAS OUR PREVIOUS REQUEST BEEN ADDRESSED IN THE COMPREHENSIVE PLAN? MOST CORRESPONDENCE 1 HAVE RECEIVED ASKS 'DO YOU IIAVE QUESTIONS'....(WHICH I HAVE SUBMITTED) USUALLY THAT WOULD IMPLY A FORTHCOMING ANSWER WHICH HAS NOT BEEN RECEIVED .MY CONTACT WITH SPOKANE VALLEY PLANNING, ETC DATES BACK TO JULY 2004. 1 HAVE HAD CONTACT WITH MARINA SUKUP & SCOTT KUHTA PREVIOUSLY. WE ARE VERY INTERESTED BECAUSE YOUR ACTIONS ON THUS MA I 1 LR COULD DRAMATICALLY AFFECT OUR PLANS FOR RETIREMENT AND A HOME IN THE FUTURE 2 TO REITERATE OUR SITUATION: WE HAVE OWNED PROPERTY AT 4308 S. WOODRUFF RD (PARCF_L #45324.0801 - LOT I, BLOCK 3 OF PONDEROSA ACRES FOURTH ADDITION) SINCE JULY 2003. YOU N BOUGE 304 S. CONKLINN RD - OFFICE SPOKANE VALLEY, WA 99037 - WE FLAVE 1.23 ACRES - ZONED 3.5 UNIT'S PER ACRE WHEN PURCHASED. - WE PURCHASED IT WITH THE INTENT OF SHORT PLATTING IT INTO TWO PARCELS SO WE CAN HAVE A HOME THERE IN OUR RETIREMENT YEARS - CLOSE TO OUR DAUGHTER & FAMILY.....AT THAT TIME THERE WAS NO PROBLEM - THE ZONING MORATORIUM OF 2004 (One duelling per acre) HAS STOPPED OUR PLANS UNTIL RESOLUTION I DO BELIEVE, AND HAVE ASKED FOR EXCEPTION TO BE MADE FOR OWNERS OF RECORD PRIOR TO THE MORATORIUM 1 ALSO BELIEVE THAT OUR PROPERTY RIGHTS MUST BE CONSIDERED. -1 DO NOT OBJECT TO THE MORATORIUM PER SE (as previously stated) - BUT DO BELIEVE THAT SUCH ACTION MUST CONSIDER THOSE WHO HAVE HAD PROPERTY PRIOR TO THE ACTION TAKEN IN 2004. AGAIN, I ASK WHAT PROVISIONS BEEN MADE TO ALLOW US TO DO AS WE HAVE PLANNED? 1 TRUST THAT YOU HAVE CONSIDERED OUR (AND PERHAPS, OTHERS) CIRCUMSTANCES AND HAVE INCLUDED PROVISIONS ACCORDINGLY - HAS A 'GRANDFATHER CLAUSE' BEEN INCLUDED M THE COMPREHENSIVE PLA N'1 - OR ANOTHER WAY TO ALLOW US TO DO AS WE PLANNED WHEN THE PROPERTY WAS PURCHASED - WITHOUT ADDED COST? 4 ANY QUESTIONS FOR ME FROM THE COUNCIL?..........DO YOU WANT A COPY OF THESE NOTES I HAVE BEEN SPEAKING FROM TONIGHT? CAN A 'CONTACT' PERSON BE DESIGNATED FOR ME THAT CAN KFFP ME ABREAST OF THE PROGRESS? Phones: Horne - 922-4.443 Office - 926-5300 E -Maul: Birch 1 990'c.aol.cam 4/11/06 CURRENT ZONING NOVEMBER 18, 2003 RECOMMENDED P � .■ �AQi7E RN ELECTRIC WATER TOWER SPOKANE VALLEY COMP PLAN CATEGORIES MAP CURKENT ZONING • MODERN ELECTRIC WATER TOWER r MODERN ELECTRIC WATER TOWER PROPOSED ZONING MAP mureamil NOT RECOMMENDED