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2005, 10-11 Regular Meeting MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 76 meeting Attendance: Diana Wilhite, Mayor Steve Taylor, Councilmember Dick Denenny, Councilmember Mike DeVleming, Councilmember Mike Flanigan, Councilmember Gary Schimmels, Councilmember Absent: Rich Munson, Deputy Mayor MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, October 11, 2005 City Staff: Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Cal Walker, Police Chief Tom Scholtens, Building Official Mike Connelly, City Attorney Carolbelle Branch, Public Information Officer "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning, of Fountain Ministries 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 except Deputy Mayor Munson. It was moved, seconded, and unanimously agreed upon to excuse Deputy Mayor Munson from tonight's meeting. APPROVAL OF AGENDA: Mayor Wilhite proposed to amend the agenda by moving agenda item #5 to agenda item #9a as a council consensus item instead of a motion consideration. It was moved by Councilmember Taylor, seconded by Councilmember Flanigan, and unanimously agreed to approve the amended agenda as proposed.. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that Council met with the Board of County Commissioners approximately two weeks ago; that that meeting's ambitious agenda shrunk to two or three main items, and that it is anticipated that another meeting will be scheduled soon; that he also attended the STA (Spokane Transit Authority) Steering committee meeting last week where viable light rail alternatives were discussed. Councilmember Taylor: stated that he attended the orientation and ownership event for the Spokane Regional Convention Visitor's Bureau; and that he will attend the upcoming National League of Cities' Energy and Environmental Sub - committee meeting. MAYOR'S REPORT: Mayor Wilhite reported that she participated in the Walk Across Washington, along with several other walks; and that she anticipates progress in the issue of the City's and County's efforts with joint planning. Council Meeting: 10 -11 -05 Page 1 of 5 Approved by Council: 11 -01 -05 PUBLIC COMMENTS: Mayor Wilhite invited public comments. Chuck Hafner, 4710 S Woodruff, Ponderosa: he spoke of the appearance of fairness in connection with accepting in -kind or cash donations toward a candidate's campaign; that it appears Mr. DeVleming and Mr. Taylor have accepted $500 donations each for their campaign from Mr. Lance Douglas; that he realizes donations are necessary to operate an effective election; but that he requests Mr. DeVleming and Mr. Taylor recuse themselves from any meeting regarding the Ponderosa community to ensure there is no presence of special interest or bias. Gail Stiltner, 10119 E 44 ,Ponderosa: she shared some comments about how their community feels concerning the many previous errors made regarding zoning and associated studies; she asked council to carefully consider and not compound errors made already; that if Council wants citizens to stay involved, it is important to honor them regarding information; that developers have money and resources, and citizens don't have unlimited capital but do have unlimited desire; and that she wants this council to help level the playing field as she doesn't want citizens to feel defeated or give up. Margaret Mortz, 3220 S Ridgeview Drive; speaking from the viewpoint of a Ponderosa resident and from someone who is technical, she stated that she has a Ph.D and formerly ran large scale systems for defense; that she feels a good rule to follow is to have data validation; that Mr. Douglas' system is not valid and she questioned why it took so long in the last fire storm to respond; that there are now more homes and there is still no safety evacuation plan to address their safety; and that safety should be the first concern, followed by development. Keith Stracchino, 10508 Cimmaron: stated that he has lived there since 1983; that he has lived through three major fire emergencies; and he's concerned that this is being pushed through the planning and permitting process without real concern of that defect; that the same choke points exist now as last time and he calls on Council to do something constructive and quickly to give them the assurance that emergency egress will be provided. Bill Gothmann, 10010 East 48 in the Ponderosa; stated that he has lived there since 1972; and lived through two fires and an ice storm, and that he encourages Council to listen to these citizens, and to listen from a problem solution point of view and not a political point of view; that there is an egress and ingress problem which the City has not addressed and which needs to be solved. John Boyd, 4024 S Forrest Meadow Drive, Ponderosa: stated that he feels the Growth Management Act is a Growth Mis- management Act; that he realizes the problem cannot be fixed retroactively; but he wants to advocate for council to apply strict interpretations of the safety laws and all laws regarding the GMA. Janice Cooperstein, 9716 E 45 Avenue: stated that she wrote several letters regarding this problem; and that she would appreciate council's support by appealing within the Hearing Examiner hearing; that she is disappointed and upset to find out they (the neighborhood) are not supported at the next step to appeal as an independent body to the superior court; and she asked Council to appear with them; she also discussed road standards and the need to have at least minimum safe standards; she stated that it is not safe to have less than two access roads; adding that the Hearing Examiner and the County refused to study the issue; and that she finds it difficult to understand our attorney's position on this. Mayor Wilhite invited further comments; no further comments were offered and Mayor Wilhite expressed her thanks for those people attending and speaking. Council Meeting: 10 -11 -05 Page 2 of 5 Approved by Council: 11 -01 -05 VOUCHER LIST DATE VOUCHER Number(s) TOTAL VOUCHER AMOUNT 09 -27 -2005 7672 -7718 1,260,171.83 10 -05 -2005 7719 -7768 $59,331.99 GRAND TOTAL $1,319,503.82 1. PUBLIC HEARING: Proposed 2006 Budget — Ken Thompson Mayor Wilhite opened the public hearing at 6:30 p.m. and invited Mr. Thompson to give opening remarks. Mr. Thompson explained that this public hearing is another opportunity for the public to comment on the budget; and then explained the highlights of the changes in budget. Mayor Wilhite invited public comments; no comments were offered and Mayor Wilhite closed the public hearing at 6:34 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. Approval of the Following Vouchers — Mary Baslington: b. Approval of Payroll of September 30, 2005 of $201,826.92 — Jason Faulkner c. Approval of Council Study Session Meeting Minutes of September 20, 2005 d. Approval of Council Special Meeting Minutes of September 21, 1005 e. Approval of Council Regular Meeting Minutes of September 27, 2005 f. Approval of Council Study Session Meeting Minutes of October 4, 2005 It was moved by Councilmember DeVleming, seconded by Councilmember Taylor, and unanimously agreed upon to approve the Consent agenda. NEW BUSINESS 3. Second Reading Proposed Ordinance 05 -028 Adopting Powers of Initiative and Referendum — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Denenny and seconded, to amend the language as necessary and approve Ordinance 05 -028 adopting the powers of initiative and referendum for the City of Spokane Valley. Deputy City Attorney Driskell explained the background and required timeline of adopting powers of initiative and referendum, and explained that Resolution 05 -012 was published July 1, 2005; that citizens then had an opportunity to file a referendum to block this action if done within 90 days of publication; and that no legally sufficient referendum petition has been filed. Mr. Driskell added that no changes have been made to the proposed ordinance since the first reading. Mayor Wilhite called for public comment. Clark Hager, 11717 E. Lenora Drive thanked each councilmember for their participation in granting the basic rights for initiative and referendum to the citizens. Mayor Wilhite invited further public comment; no further comments were given. Vote by Acclamation: In Favor: Mayor Wilhite, and Councilmembers Schimmels, Taylor, Denenny, DeVleming, and Flanigan. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Arterial Road Fund/Motor Fuel Tax Fund Allocated to Street Fund for Maintenance — Ken Thompson It was moved by Councilmember Flanigan and seconded by Councilmember Taylor that we allocate 100% of the motor vehicle fuel tax to the street fund for street maintenance activities. Finance Director Thompson explained that State law required that approximately 30% of motor fuel tax received by cities be used for capital improvements on city arterial streets; and that the State legislature recently changed the law to allow cities to spend motor vehicle fuel tax on street maintenance and/or for street capital improvements; and that cities could make the decision based on need; that we will receive approximately Council Meeting: 10 -11 -05 Page 3 of 5 Approved by Council: 11 -01 -05 $1.7 million in fuel tax in 2006; and that $500,000 of that would have been earmarked for arterial street capital projects under the old law. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Wilhite, and Councilmembers Schimmels, Taylor, Denenny, DeVleming, and Flanigan. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Wilhite invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: 6. Economic Development Council Third Quarter Report — Teresa Sanders, Robin Toth Teresa Sanders and Robin Toth gave their presentation and briefly described the 2005 priorities and how they were implemented. Council thanked Ms. Sanders and Toth for their report and presentation. 7. Residential Motorcycle Track — Cary Driskell Deputy City Attorney Driskell explained that several people previously addressed council regarding operation of an off -road motorcycle course in a residential neighborhood, and of that activity's impact on the neighbors' quiet enjoyment. Mr. Driskell said that staff provided a memorandum dated September 27, 2005 to Council regarding this topic, and that tonight's focus is more specifically on the neighbors' complaints. Mr. Driskell explained that there are several approaches to consider, including enforcement of existing rules, and consideration to make policy or zoning code changes. Mr. Driskell also remarked that a meeting is set for tomorrow night between legal counsel and several neighbors to determine what specifically is occurring in that neighborhood. Mr. Driskell described what measures have been taken previously, including code enforcement responding to complaints, visiting the site, and measuring the decibels (which did not rise above allowed levels). Mr. Driskell explained that staff did not look at this situation as a complaint about loud, continuous noise which would have unreasonable affects on neighbors so they would not be able to enjoy their property; and that while that was an error, a cure needs to be established. Mr. Driskell said that specific data will be collected to determine if this issue gives rise to an order or notice of violation; and if so, staff will process the matter as is normally done under the nuisance code. Mr. Driskell stated that if a violation has been found to have occurred, the property owner will be notified in writing to give them ample opportunity to stop the activity. Another point to consider, Mr. Driskell added, is that the current zoning code does not list off -road motorcycle use as a prohibited activity; and Council may want to consider if this activity should be permitted in any zone, or restricted during certain daytime hours; and if changes do occur, such changes could be implemented in a phased -in period of six to twelve months. Mr. Driskell said further that staff needs to examine the frequency impact, and the duration to see if it (the activity) rises to a level of violation. Council /staff discussion ensued regarding subjective determinations, zoning issues, special events, conditional uses, and the nuisance ordinance. Mr. Driskell said that staff will review specific evidence provided by neighbors at the meeting tomorrow regarding duration, impact, and frequency; and staff will then determine if a notice and order should be issued; adding that he feels a determination on this issue could be made within about two weeks; and at that time, he will present a bullet -list of possible remedies rather than a draft ordinance. Mr. Driskell explained that a letter was sent out to neighbors, but they interpreted that as the City giving them the run - around. Mr. Driskell said the letter was not a form letter but a letter he discussed with code enforcement, because if staff is going to examine this issue further for possible violations, there must exist a record of evidence addressing frequency, duration, and impact, and that is what that letter was trying to elicit. It was determined that this issue will be placed on the December 6 council agenda. 8. Recent Petitions: Hearing Examiner's Decision Regarding Ponderosa Ridge Development — Mike Connelly City Attorney Connelly said this agenda item is to further explain the pending litigation as a result of Spokane County's Hearing Examiner approving the Ponderosa Ridge Development located south of our Council Meeting: 10 -11 -05 Page 4 of 5 Approved by Council: 11 -01 -05 City; that the matter was appealed to the Superior Court with the City of Spokane Valley named as a party. Mr. Connelly explained that the plat is a decision by the County concerning property located in the County; that we have no authority to approve or disapprove this particular plat; that fire safety issues were identified and conditions imposed by the Fire District #8, which has jurisdiction over the property. He stated that the City of Spokane Valley has an interest in this property and has been involved in the process since the beginning. Mr. Connelly said that the pending appeal is a record appeal before the Superior Court, and that the court reviews the record and does not generally substitute its opinion for the Hearing Examiner's recommendation but will only hear what the Hearing Examiner has already heard; that we are a party in this pending action; that we intend to continue to monitor the issue to insure the areas of emphasis wouldn't be eroded by some fashion as the case progresses; adding that the record will have to be finalized November 28. Attorney Connelly explained that the Superior Court Judge could uphold, reverse, or remand the decision as a decision contrary to law and send it back. In response to Councilmember Taylor's question concerning any councilmember's apparent conflict of interest, Mr. Connelly stated that campaigns are not basis for appearance of fairness issues; that the statutes are very specific and this cannot be a violation of the appearance of fairness doctrine. Mr. Connelly added that a court decision concerning the Hearing Examiner's decision will likely occur in early 2006, which could subsequently be appealed. Mayor Wilhite called for a recess at 7:20 p.m. and reconvened the meeting at 7:30 p.m. 9. Financial Management Policies — Ken Thompson Finance Director Thompson explained the history of the policies proposed by the interim staff, which went to the Finance Committee and was approved by that committee; that the attached recommended changes are now presented for formal adoption consideration. After brief council discussion, it was Council consensus to place this matter on the October 18 consent agenda. 9a (previously #5 Motion Consideration) Changed to "council consensus" Comprehensive Plan Order Deliberation — Nina Regor Deputy City Manager Regor explained that the purpose of this issue is to give Council opportunity to determine some particulars concerning the deliberation of the Comprehensive Plan, including determining the order of element discussion. After Ms. Regor's PowerPoint presentation, it was Council consensus that the chapters will be discussed in the following order: (1) Transportation, (2) Land Use, (3) Utilities, (4) Natural Environment, with further order to be determined as the matter continues. Councilmember Flanigan suggested gathering public input from service clubs, schools, special districts, and to make sure utility providers are in attendance especially when the utilities chapter will be discussed. Concerning additional meetings, it was determined that Council will look at their calendars and e-mail Ms. Regor or the Mayor of any possible conflicts, but to schedule at least every other Monday as additional meetings; and to have the utilities section set as a public hearing making sure invitations are sent to appropriate parties, including other district representatives, and school board members. There being no further business, it was moved by Councilmember Flanigan, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at approximately 8:15 p.m. `r'istine Bainbridge, City Clerk {tkiv,st..W dlAdt, Diana Wilhite, Mayor Council Meeting: 10 -11 -05 Page 5 of 5 Approved by Council: 1 1 -01 -05 NAME PLEASE P INT TOPIC OF CONCERN ADDRESS TELEPHONE (p )N112 h `e V 'c9 14k4f/ &__ APip (-7LENM 44 a0-- fo moaeosA 9c�o 3 ''Da /e s reek-., P 1 023 S f2Srs i `' C ,1/4- \ S-�; I A- w.� QonSt-skr -osc to k \ c ‘ -E 4 4 9ac? —1,D4 - j f i li �;,.. I. i 1 , ll• . � •. F3 ,1 ,' f PI Z._opP ell ` 70a 1a'X-0,i/ ��r 7ORSO? " 9 aa. — 024 11era, V S- I-f-c.cc -0 if l as C.o. aro crn��� po'kane .Valley PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Date: October 11, 2005 Please include your name, address an tc cp one number for the record. Your time will be limited to three (3 minutes) NAME PLEASE PRINT ADDRESS TELEPHONE ( (A 9403 g (411,-,A.c, be (., -?.-.? -?,?0,27 1 (A )1(:4e, 6( <, l e ct} (5 e 4 h r9,2a G _ 5. W00 gi �(' a r�C- r , G ; --- -.- e v 1 1-7-2 - 3 — S 1 5 Spb'kan� jUalley SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, October 11, 2005 gi n 1 iona ota it m SUBJECT: Proposed 2006 Budget Please sign below if you would like to speak at the PUBLIC HEARING. 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.