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2004, 02-24 Regular Meeting MinutesMayor DeVleming called the City of Spokane welcomed everyone to the 37 official meeting. Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, February 24, 2004 Valley Regular Meeting PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. All councilmembers were present. to order at 6:00 p.m., Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Cal Walker, Police Chief Neil Kersten, Public Works Director Mike Jackson, Parks & Recreation Director Kevin Snyder, Current Planning Manager John Hohman, Senior Development Engineer Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Council Minutes 02 -24 -04 Page 1 of 6 Date Approved by Council: 03 -02 -04 and APPROVAL OF AGENDA: City Manager Mercier stated he would like to have agenda item #4 removed from the agenda to be brought back at a later date. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve the agenda as amended. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he attended a Spokane Regional Transportation Meeting a few weeks ago; that we submitted a request to them for some modeling and assistance on our roadway issues primarily the Couplet, and they will solicit some information and public input; also that the construction will start soon on I90; and the Department of Transportation will start a project soon from Sullivan east to the state line repaving all ramps on I90, and will install a steel cable guardrail from Sullivan Road to the state line to hopefully prevent any further head -on collisions such as have occurred in the past. Councilmember Munson: said there will be a second round of the Community Development funding for Spokane County held on March 4, and the City of Spokane Valley is looking at approximately $475,000 for funded projects. Councilmember Denenny: mentioned that the STA will hold an important meeting tomorrow to consider placing the matter on a ballot, and that the meeting will be held in the Champions Room at the Arena. Deputy Mayor Wilhite: said she and Mayor DeVleming represented the City at a press conference where the Secretaries of Commerce, Labor and Treasury along with the U.S. SBA Administrator presented a check to the Spokane Research and Institute Technology for three million dollars to build a new building. Councilmember Flanigan: stated that he was in Olympia last week meeting with legislators regarding pending legislation requesting a seat on the Public Facilities District, which so far has passed the Senate 47:1; and he also reminded everyone of the March 27 Mayor's Ball. MAYOR'S REPORT: Mayor DeVleming said the City has placed an ad in the newspaper looking for citizen participation on the Capital Facilities Task Force connected with the Library District, and interested persons should contact City Hall. PUBLIC COMMENT: None. 1. PUBLIC HEARING: Proposed Title Transfer Opportunity Township Hall Mayor DeVleming said this is a public hearing regarding a proposal to transfer the Opportunity Township Hall from the City of Spokane Valley to the Spokane Valley Legacy Foundation. Mayor DeVleming opened the public hearing at 6:13 p.m. Parks & Recreation Director Jackson explained that staff is submitting a proposed resolution which will authorize the conveyance of the Opportunity Township Hall property to the Spokane Valley Legacy Foundation; that the resolution stipulates that if the Foundation were to violate any of the terms of the resolution, that the property would convert to the ownership of the City of Spokane Valley. Mayor DeVleming invited public comment. Tony Lazanis: stated his support of the proposal and that he hopes Council grants approval. Mayor DeVleming invited further public comment; none was offered. Mayor DeVleming closed the public hearing at 6:15 p.m. 2. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Munson and Seconded by Councilmember Flanigan to approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Proposed Resolution 04 -003 Authorizing Conveyance of Opportunity Township Hall After City Clerk Bainbridge read the Resolution by title, it was moved by Councilmember Flanigan and seconded by Councilmember Munson to approve Resolution 04 -003 with the following amended language: deleting the following from condition (4) on page 2 of 3, "avoid a bankruptcy or foreclosure" and substituting "that it will not voluntarily place a mortgage or monetary lien" which could lead to acquisition of the Property by creditors. Director Jackson added that staff feels the use of the facility for a museum would be an excellent use. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. . ' • . . • • ' . . 1 • 1 . 1 1 Removed from the agenda. 5. Second Reading Proposed Flood Plain Ordinance 04 -004 — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve Ordinance 04 -004. Community Development Director Sukup said there are a number of residential and non - residential structures located in the Valley, that the City is currently operating under the umbrella of the County's participation in the National Flood Insurance Program, and that this approval will start the year -long application process for the City's own participation, which participation will enable people within the Valley to purchase flood insurance at Council Minutes 02 -24 -04 Date Approved by Council: 03 -02 -04 Page 2 of 6 reasonable rates. Director Sukup added that staff and the Planning Commission recommend approval. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. First Reading Proposed Stormwater Ordinance 04 -007 — Stanley Schwartz After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor to advance Ordinance 04 -007 to a second reading. City Attorney Schwartz briefed council on the key sections of the ordinance. In reference to Section 7 Appeals, Attorney Schwartz explained that if there is an appeal from a director's decision, the appeal goes to a body of three civil engineers who will decide if the director's decision will remain or should be modified; however, in this ordinance, Attorney Schwartz put that decision to the Hearing Examiner based upon conversations with staff wherein the thought was it would be more uniform to continue to use the examiner process when we have administrative matters which need review. Attorney Schwartz said he recommends the use the examiner process rather than the three civil engineers. City Manger Mercier added that part of the reasoning for this proposed change is to reinforce the architecture of the appeal process, that staff believes the reference to the Hearing Examiner is the appropriate course of action, and staff anticipates no significant cost difference. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. First Reading Proposed Amendment Sign Code Ordinance 04 -008, Institutional Uses — Scott Kuhta After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Wilhite and seconded by Councilmember Munson to advance ordinance 04 -008 to a second reading. Current Planning Manager Kevin Snyder, standing in for Long Range Planner Scott Kuhta, explained that applicant AIA, Northwest Architectural Company, has requested an amendment to allow greater flexibility in size and location of signage for hospitals located in the Urban Residential -22 (UR -22) Zone; that public uses such as hospitals and schools located in this zone are allowed one wall sign at a maximum 32 square feet. This proposal would allow hospitals to follow sign standards as allowed in commercial and industrial zones. Mr. Snyder said that the Planning Commission considered the proposed amendment at a public hearing and recommends allowing greater wall signage for all public uses and schools located in the UR -22 zone. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. First Reading Proposed amended Junk vehicle Ordinance 04 -009 — Cary Driskell City Clerk Bainbridge read the ordinance title. It was moved by Councilmember Munson and seconded by Councilmember Flanigan to suspend the rules and approve Ordinance 04 -009. Deputy City Attorney Driskell explained that as staff has processed various violations of this ordinance, it became apparent there was a need to clarify certain language relating to hearings considered by the Hearing Examiner, and to also add a provision for voluntary compliance. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. First Reading Proposed building Code Ordinance 04 -010 (IBC) — Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was moved by Mayor Devleming and seconded by Deputy Mayor Wilhite to advance Ordinance 04 -010 to a second reading. Building Official Scholtens explained the background as noted in his Request for Council Action form of 2- 12 -04, adding that the Planning Commission recommended having an effective date of July 1, 2004 which would agree with an effective date offered by the Homebuilders Association. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 02 -24 -04 Page 3 of 6 Date Approved by Council: 03 -02 -04 10. First Reading Proposed Sidewalk Ordinance 04 -011 — Stanley Schwartz After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor to advance Ordinance 04 -011 to a second reading. Attorney Schwartz said that the purpose of this ordinance is to recognize that cities cannot properly maintain and improve all sidewalks within its jurisdiction, and this ordinance will have the adjoining property owner repair and maintain sidewalks to make sure the sidewalks are safe for passage. Attorney Schwartz explained section 5; and said that the penalty for not complying with this ordinance could result in the issuance of a civil infraction, which is similar to a speeding ticket. Council discussion ensued regarding this issue, and in particular fences that may separate the property owner's property from a sidewalk, such as some sidewalks at the rear of properties. Councilmember Munson also mentioned the possibility of Community Development Block Grant (CDBG) funds to help with major repairs. Mayor DeVleming invited public comment. Dick Behm, 3626 S Ridgeview Drive: said he objects to property owners being required to keep up and/or repair sidewalks and that it should be the City's responsibility; or that there should be a public hearing on the matter. Bert Porter, 222 S Evergreen: agrees with the previous comments; said his issue is allowing weeds on sidewalks. Tony Lazanis: asked about liability insurance if some were to fall due to icy conditions. Mike Dempsey, Hearing Examiner: said he is familiar with County road standards and sidewalks are located outside the right -of -way within border easements due to liability issues. Bob Blum, 12722 E. 15` said his sidewalk is at the back of the house with a fence adjacent to the sidewalk; feels cleaning, maintaining and replacing sidewalks is asking too much of property owners. Mike Dempsey: said there may be portions of Sprague that have sidewalks that are within the right -of- way, as some older sidewalks have rights -of -way on sidewalks. Council continued discussion concerning sidewalks the City might own, people with sidewalks behind their property, and flexibility of the ordinance. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11. Mayor Appointments /Council Confirmations — Mayor DeVleming Mayor DeVleming proposed the following committee appointments: a. Mayor DeVleming said that Parks & Recreation Director Jackson is organizing an Ad Hoc Committee of approximately seven individuals including citizens at large, senior citizens, and councilmembers; that said committee would work with the Senior Center Association in preparation for the move to CenterPlace. Mayor DeVleming recommended Councilmembers Schimmels and Flanigan to represent council on the committee. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to confirm the above appointments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. b. It was moved by Mayor DeVleming and seconded to advance the names of Jeff Fox and Harry Sladich to the Hotel Advisory Commission. Vote by Acclamation: In Favor: Mayor DeVleming, Councilmembers Schimmels, Taylor, Munson, Flanigan, and Denenny. Opposed: Deputy Mayor Wilhite; Abstentions: None. Motion carried. It was then moved by Mayor DeVleming and seconded by Councilmember Schimmels to appoint Councilmember Taylor as ex- officio member. Vote by Acclamation: In Favor: Council Minutes 02 -24 -04 Page 4 of 6 Date Approved by Council: 03 -02 -04 Mayor DeVleming, Councilmembers Schimmels, Taylor, Munson, Flanigan, and Denenny. Opposed: Deputy Mayor Wilhite; Abstentions: None. Motion carried. c. It was moved by Mayor DeVleming and seconded by Councilmember Munson to make the following appointments to the Cable Advisory Committee: Alan Gilson to a three-year term; John Horstketter to a two-year term; and R.J Demers to a one-year term. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: None was offered. ADMINISTRATIVE REPORTS: 12. Proposed Amendment to Hearing Examiner Ordinance — Stanley Schwartz City Attorney Schwartz explained that when a site - specific rezone request is received, the matter is heard before the Hearing Examiner who makes a final decision, which administrative decision is appealable to the City Council; and if there is no appeal, the decision is final. Attorney Schwartz said that consideration should be given to memorializing that final decision, which is typically accomplished through an Ordinance approved by Council. Attorney Schwartz said that the present ordinance does not seem to adequately address the legislative discretion the council should have; and as an alternative, the Hearing Examiner, on a site specific re -zone would make a recommendation to the Council, the Council will then act on that recommendation via a closed record public hearing; and after such decision, staff would update the zoning map. Attorney Schwartz also mentioned that if the process used is a Council recommendation, there would still have to be an additional record prepared of Council's review of the Hearing Examiner recommendation, which review could include not only the opinion, but all exhibits and transcript testimony. Attorney Schwartz said it might be easier to have an amendment to the Hearing Examiner ordinance, that the examiner's decision is an administrative recommendation to the Council that must be appealed within a certain time frame, and if there is no appeal, the decision is final. After brief discussion of the council's legislative role, zoning decisions, and appearance of fairness, City Manager Mercier said that in any process wherein the Council would make a final decision in the matter, Council should not participate in the lower process. Mayor DeVleming called for a recess at 7:35 p.m., and reconvened the meeting at 7:45 p.m. 13. Compliance Regulation Discussion — Marina Sukup After Community Development Director Sukup briefly went over proposed ordinance changes, it was Council consensus to bring this ordinance back for further council consideration as a first reading at a future meeting. 14. Discussion Proposed Ordinances to Amend Ordinance 40 & 41 — Tom Scholtens Building Official Scholtens gave Council background information concerning the current Building Code and Fire Code Ordinances, #40 and #41, and stated that those ordinances mandate fire sprinklers in all buildings over 8,000 square feet; but that that portion of the code is not supported by current national and State of Washington codes or the 2003 International Building Code. Mr. Scholtens said that the proposed code supports the minimum requirements found in the International Codes and this change would allow designers or contractors the ability to use the proposed Spokane Valley Building Code ordinance as an alternative to the current Spokane Valley Building Code until July 1, 2004. Council said there is no objection to move this forward to a first reading at a future meeting. 15. Senior Citizen Bus — Mike Jackson Parks and Recreation Director Jackson reported that since his report last week, he received an e -mail from John Haley informing him that the Senior Citizen Board offers the following: "for the City to strike a deal with STA to maintain the bus; that the City would collect and keep revenue from advertising posted on Council Minutes 02 -24 -04 Page 5 of 6 Date Approved by Council: 03 -02 -04 the bus; the seniors will pay $800 deductible annual bus expenses to the City, will pay for all fuel and all tires, and will pay all drivers' wages outside the city limits only; and the City will discount the Senior Center rent by $6,000 until such time as the center is moved to the new location." Director Jackson said there are other transportation options available and the Seniors are exploring those. He also reiterated that when this proposal was first issued, the Association readily accepted the bus, and that transaction was between the then Association President and the County; also that in discussing the operation with the seniors, Mr. Jackson suggested that he could bring forward an option to pay the money that the City had already budgeted for the driver ($4300), and at the end of the year when the Association would pay the City, with proper documentation, they would subtract whatever they had paid the driver from the $6,000 owing at the end of the year. City Manager Mercier said that the Department is attempting to move away from being a provider of transportation in any recreation program as we don't have a commercially licensed driver and that there are liability issues. Councilmember Munson said he feels STA will not be in a position to help financially as they look to severely cut services. Mayor DeVleming said he would like staff to bring back next week, a full cost analysis, including an analysis of short and long -term options; and Deputy Mayor Wilhite added that Council should ask the BOCC to consider delaying the transfer. There being no further business, it was moved by Councilmember Flanigan, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:05 p.m. L Christine Bainbridge, City Clerk _ es jil, Mike DeVleming, Mayoi Council Minutes 02 -24 -04 Page 6 of 6 Date Approved by Council: 03 -02 -04 NAME PRESENT /ABSENT 'COMMENTS Mayor Michael DeVleming- Position No. 3 . . Deputy Mayor Diana Wilhite- Position No. 1 . . Councilmember Dick Denenny- Position No. 7 - Councilmember Mike Flanigan - Position No. 6 . Councilmernber Rich Munson - Position No. 5 Councilmember Gary Schimmel~ - Position No. 4 Councilmember Steve Taylor - Position No. 2 CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL - / pyt oy Senior Bus v Repl Reply to all vQ Forward I 18 v, 1. I x 'Close From: john haley ijwhaleyjr@hotmail.com] Dick Denenny; Diana Wilhite; Gary Schirurnels; Mike Devleming; Mike Flanigan; Mike Jackson; Richard Munson; Steve Taylor To: Cc: Subject: Senior Bus Attaclmlents: - .ezi ((If/2 Page 1 of 1 Hel p Sent: Fri 2/20/2004 1:46 PM View As Web Page Hi everyone, This note is to give you a heads up on the latest meeting of the Board of (Directors at the Senior Center. The l3oard is forwarding the following to Mike Jackson; they 'didn't want to "blind side" the council, thus this communication. The Board asked me to send this off as they consider me one of their main spokespersons in this matter. It was presented to me over the phone in the form of a list so please consider this somewhat second hand and as I said MJ will have a formal comunication in his hand on Monday. Regarding responsabiiitics of the Senior bus Thc.Senior Board presents the following: 1. City to strike a deal with STA to maintain bus. 2. City would collect and keep revinue from advertising posted on the bus. 3. Seniors to pay $800 dcdcuctablc annual bus expenses to the city. 4. Seniors to pay for all fuel and all tires 5. Seniors to pay all drivers wages outside city limits only. 6. City to discount Senior Center rent by $6000. Until such time as the center is moved to the new location. Thank you very much for your consideration John W. Haley Get fast, reliable access with MSN 9 Dial -up. Click here for Special Offer! htt, : / /click.atdmt.com /AVE /* o/omn00200361 ave /direct/01/ https: //m ail.spokaneval1ey.org/ exchange/ gschimmels /Inbox/Senior%20Bus.EML2Cmd =open 2/20/04