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2004, 03-02 Regular Meeting MinutesMayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Attendance: Councilmembers: Michael DeVleming, Mayor Steve Taylor, Councilmember Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Excused: Diana Wilhite, Deputy Mayor MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, March 2, 2004 INVOCATION: Councilmember Munson gave the invocation. Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Jackson, Parks & Recreation Director Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll. Deputy Mayor Wilhite was absent; remainder of the councilmembers were present. It was moved by Councilmember Munson and seconded by Councilmember Flanigan to excuse Deputy Mayor Wilhite. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. APPROVAL OF AGENDA: Under "Future Schedule," City Manager Mercier added that there will be a joint Council /Planning Commission meeting March 15, 2004, from 6 -8 p.m. It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to approve the agenda. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Denenny reported that he attended the STA Board of Directors meeting last Wednesday, and the Board voted to accept the Task Force recommendation regarding implementing an adjustment in July in the schedule and routines if revenue shortfalls continue, and to also put the issue on the May 18 ballot for an increase in sales tax up to 3 /10 of a percent, with a sunset clause which would take place during the presidential election in 2005 and become effective the following June. Councilmember Flanigan said he had the opportunity to read to the first graders at University Grade School; he and Councilmember Denenny also attended a public health board meeting where one of the issues discussed was the banning all public smoking. Councilmember Munson said that he was elected Chair of the Operations and Maintenance Committee for the Spokane Transit Authority; and was also named to the Board of Directors of the American Public Transportation Association. Council Minutes 03 -02 -04 Page 1 of 3 Date Approved by Council: 03 -23 -04 Councilmember Taylor explained that he attended last week's EDC annual meeting and heard discussion on regional economic issues, EDC's need to acquire permanent sources of funding, and the future of job growth in this region; and he also attended a meeting wherein CH2M Hill gave a presentation on behalf of the Use Attainability Analysis, to inform the public on what information has been gathered from approximately 175 documents regarding the future uses of the river. MAYOR'S REPORT: Mayor DeVleming reported that the last Pizza with the Mayor will be held March 17 at University High School; and the next Conversation with the Community is scheduled for April 14 at the Community Senior Center. PUBLIC COMMENT: Mayor DeVleming invited public comment; none was offered. 1. CONSENT AGENDA. After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the Consent Agenda. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Second Reading Proposed Building Code Ordinance 04 -010 (IBCA) — Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Ordinance 04 -010. Building Official Scholtens explained that there have been no changes since the first reading, and the ordinance reflects an effective date of July 1, 2004. Mayor DeVleming invited public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Hearing Examiner Ordinance 04 -012 — Stanley Schwartz After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to suspend the rules and approve Ordinance 04 -012. Deputy City Attorney Driskell, standing in for Attorney Schwartz, explained that the ordinance states that if there is no appeal on site specific rezone decisions, the Hearing Examiner decision is final; and if the Examiner approves the rezone, the action of the City is completed by a notation on the official zoning map of the City. Mayor DeVleming invited public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading Proposed Ordinance 04 -013 Uniform Development Code re Enforcement & Penalties — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance Ordinance 04 -013 to a second reading. Community Development Director Sukup went over the changes indicated on replacement pages 5, 6, 7, 8, 15 and 16; and added that she received a telephone call from the Department of Community Trade and Economic Development indicating they found the ordinance to be thorough, comprehensive and easy to read. Director Sukup then further explained specific changes on page 15 dealing with cost recovery, and page 16 dealing with CTED. Mayor DeVleming invited public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Mayor Appointments /Council Confirmation It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the appointment of Jennie Willardson to the Library Capital Facilities Advisory Task Force. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: Darin Bell, Bowdish, stated he would like to know the status of the couplet. Mayor DeVleming responded that the discussion is ongoing and staff will contact him to discuss the issue. Council Minutes 03 -02 -04 Page 2 of 3 Date Approved by Council: 03 -23 -04 Tony Lazanis: said he feels there is not enough information to the public regarding the wastewater issues; there have been no press releases and the public is not informed. Mayor DeVleming responded that at the March 23 Council meeting, there will be an opportunity for special public comment to discuss wastewater issues. 6. Senior Citizen Bus — Mike Jackson Parks and Recreation Director Jackson provided a cost comparison of contracting bus services versus operating the Spokane Valley Senior Center Bus for the Tuesday and Thursday routes. Director Jackson said it appears to be more economical to use the contracted service, especially if there is going to be more than 13 passengers; and that he recommends the City not accept the bus and not operate the vehicle, but that we contribute the previously discussed $4300 to help offset costs of the first year of operation. City Manager Mercier added that the contacting agency would be the Senior Center organization, and they would have the ability to make arrangements for whatever mode of transportation they chose. In order to give opportunity for public comment, it was Council consensus to place this item on the next agenda. 7. Adult Entertainment Hours of 0. eration Discussion — Ca Driskell Deputy City Attorney Driskell explained that he has compiled a notebook of information for Council review, containing documentation of what other communities found were adverse secondary impacts of having these facilities in their counties; that the book will be left in the West Wing with the City Clerk, and also contains a CD with the U.S. Attorney's Opinion of 1986. Attorney Driskel] said there is also information from Ms. Kitty's explaining why she voluntarily limited her hours of operation. Attorney Driskell added that if Council desires, staff can draft an ordinance which would first go before the Planning Commission as a land use issue/zoning regulation, which would then be forwarded to Council for a decision. Attorney Driskel] said this matter can be handled as a regulation through the zoning code or as a license issue and that most establishments do this as a regulation through the zoning code. Councilmember Flanigan reminded Council that only one establishment has not voluntarily reduced its hours of operation. Council will review the notebook. 8. Wastewater Interlocal A reement Discussion — Neil Kersten Public Works Director Kersten explained the proposed changes to the a.greement. City Manager Mercier added that the agreement includes the statutory provision to allow this City to assume ownership of all sewer enterprise facilities that underlie city streets, and described conditions of termination attached to that assumption. In response to a question from Councilmember Schimmels, City Manager Mercier said that he and staff will research to try to determine what legal issues might be involved by having a plant outside the city jurisdiction, and another jurisdiction assuming ownership. 9. Advance A Add #inns — Ma or De Vie min Mayor DeV ]eming mentioned that a more recent version has been distributed to Council as several changes have taken place since the advance agenda was placed in the Council packet; and brought council attention to the May 4 agenda which will include a specific public comment period regarding the couplet. There being no further business, it was moved by Councilmember Flanigan, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 7 :28 p.m. , / lristine Bainbridge, City Clerk Council Minutes 03 -02 -04 Date Approved by Counc]l: 03 -23 -04 Mike Delem ing, May r Page 3 of 3 NAME PRESENT /ABSENT COMMENTS Mayor Michael DcVlcming- Position No. 3 Deputy Mayor Diana Wilhite-Position No. 1 6/16 Councilmember Dick Denenny- Position No. 7 Councilmember Mike Flanigan - Position No. 6 Councilmember Rich Munson- Position No. 5 Councilmember Gary Schimmels- Position No. 4 Councilmember Steve Taylor - Position No. 2 CITY OF SPOKANE VALLEY COUNCIL MEETING DATE COUNCIL ROLL CALL 3 - a -off/