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2004, 06-08 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Tuesday, June 8, 2004 Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 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 PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Gary Hebden, Valley Open Bible Church Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Marina Sukup, Community Development Director Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Greg McCormick, Long Range Planning Manager Scott Kuhta, Long Range Planner Steve Worley, Senior Engineer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: Mayor DeVleming said that there will be two added agenda items: #2a will be a resolution regarding Felts Field Airport Zoning; and item #5a will be a discussion on June 11 as a national day of mourning. It was moved by Councilmember Denenny and seconded by Councilmember Flanigan to approve the agenda as Amended. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Munson: reported that he serves on a committee putting together rules for a public advisory committee for the Spokane Transit Authority. Councilmember Schimmels: stated that he met with the Solid Waste Liaison Committee which is working with an engineering firm in Spokane concerning a possible conflict with the Comp Plan Agreement; that a vote was taken resulting in a tie so the matter will be forwarded to the Spokane City Council and Spokane Board of County Commissioners. Councilmember Flanigan: stated that he observed a Tourism Promotion Area Commission meeting, that they are examining combining this year and next year's revenues for an estimated 1.9 million and will have approximately $100,000 in reserves; that 1.75 million is planned to be recommended to be used by the Regional Sports and the Convention Visitor's Bureau leaving $50,000 for other entities requesting funds. Councilmember Flanigan also stated he attended the grand opening of the Skate Park last week, along with 400 — 500 other community members. Council Minutes 06 -08 -04 Page 1 of 5 Date Approved by Council: 06 -22 -04 Deputy Mayor Wilhite: announced she attended an EDC meeting where they went over the consultant's survey which was the information presented last week; and that she also attended the Skate Park Grand Opening. MAYOR'S REPORT: None PUBLIC COMMENTS: None 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS 2. Proposed Resolution #04 -016 Authorizing Inclusion of Spokane Valley Within an Aquifer Protection Area — Neil Kersten After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to approve Resolution 04 -016. Public Works Director Kersten gave an overview of the re- authorization of the aquifer protection area program, and suggested adding the following verbiage to the last paragraph: "NOW, THEREFORE, BE IT HEREBY RESOLVED that ... within the boundaries of the reauthorized Spokane Aquifer Protection Area, subject to approval by Spokane Valley and Spokane County of an interlocal agreement regarding use of the funds..." Mayor DeVleming accepted the revised language in the resolution, seconder agreed. Mayor DeVleming invited public comment; no comments were offered. Vote on the following amended motion: To approve Resolution 04- 016 with the revised included language: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2a. Resolution 04 -017 Adopting Section 8(f) and (g) of the Amended Spokane County /City Airport Agreement as the land use and zoning plan for development of Felts Field Airport. After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve Resolution 04 -017. Councilmember Denenny stated he has a hanger at Felts Field and therefore recused himself from this issue and left the dais. Councilmember Munson stated that this is the first time he has seen this and suggested this issue be tabled until the next meeting to give him a chance to read the material. Attorney Schwartz explained that this is a time - sensitive matter as the airport is in the process of developing new and additional hangers at the field, that they would like construction activity to commence before July 1 before the new Code takes affect. Attorney Schwartz continued by explaining that this resolution is intended to address the proper zoning for Felts Field, and once that is accomplished, a building permit process will be initiated. Attorney Schwartz then explained the recitals of the resolution and added that the Felts Field Airport MasterPlan provides for expansion, and that a copy of that Plan will be available at the City Clerk's office. Councilmember Munson stated that although the proposal appears straight- forward, he has a basic principle not to vote on issues without studying the information. Mayor DeVleming invited public comment: Jerry Neal, general counsel to Spokane Airports thanked Council on behalf of the Spokane Airports, and said he is available should council have questions. Mayor DeVleming invited further public comment; no further comments were offered. Vote by Acclamation: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Taylor, and Flanigan. Opposed: Councilmember Munson. Abstentions: Councilmember Denenny. Motion carried. Councilmember Denenny returned to the dais. 3. Motion Consideration: Approval of Opportunity Cemetery Association Easement — Cary Driskell It was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve the Cemetery Easement. Deputy Attorney Driskell explained the background as presented on his Request for Council Action form, and added that we are still waiting for the legal description, and once received, that will be Council Minutes 06 -08 -04 Page 2 of 5 Date Approved by Council: 06 -22 -04 added to the easement. Mayor DeVleming invited public; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Approval to Advance 2005 -2010 Six -Year Transportation Improvement Program to Public Hearing for Adoption Consideration at Council's June 22 Meeting — Neil Kersten /Steve Worley It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to advance 2005 -2010 Six - Year Transportation Improvement Program to Public Hearing for Adoption Consideration at Council's June 22 Meeting. As shown on the Request for Council Action Form, Engineer Worley went through the changes in the plan adopted last year for 2004 -2009, and spoke concerning the additional projects. After brief council discussion concerning the proposed changes, Mayor DeVleming invited public comment. Bill Gothmann, 10010 East 47 Avenue and Chair of the Planning Commission, stated his concern with the amount of traffic on 8 and another concern for school children crossing from the north side of 8 to the south side. There being no further comments, Mayor DeVleming called for the vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion consideration, Mayor Appointments to Salary Commission — Mayor DeVleming It was moved by Mayor Deveming, and seconded by Councilmember Munson to approve the following citizens to the salary Commission: Diane Brown, Frankie DeWitt, Michele Eickerman, Dave Gregory, Rod Grondel, and Jim Huttenmeier as alternate if someone cannot accept the position. Mayor DeVleming invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5a. Discussion on Designating June 11 as a National Day of Mourning. It was moved by Councilmember Munson and seconded by Councilmember Taylor that the City Council authorize that this City also close offices in recognition of the national day of mourning for President Reagan. After brief discussion, Mayor DeVleming called for the vote by acclamation: In Favor: Mayor DeVleming, Councilmembers Schimmels, Taylor, Munson, Flanigan and Denenny. Opposed: Deputy Mayor Wilhite. Abstentions: None. Motion carried. PUBLIC COMMENT: Mayor DeVleming invited public comment. Howard Bruegeman, 18422 E. Sharp, Greenacres: stated his objection to zoning of property at the northwest corner of Boone and Barker; said there was mention of a 30 -unit apartment going in there which he feels is unacceptable; and that he will further comment on this at the June 22 meeting. Mr. Bruegeman handed a petition to the City Clerk of those neighbors against the proposed zoning. Minnie Overstreet, E 18511 Sharp: stated she lives across from where they want to put in the apartment and she opposes the proposal. JoAnn Carlson, 18519 E. Sharp: said she has lived on that property for 44 years, and if an apartment goes in with many units, she won't be able to get past the light across Broadway and Barker as the traffic will be highly congested; she is against the proposal and will speak more at the next meeting. Mayor DeVleming invited further public comments; no further comments were given. Mayor DeVleming called for a brief recess at 7:20 p.m., and reconvened the meeting at 7:30 p.m. 6. Plan Review Fee Structure — Marina Sukup Community Development Director Sukup went over the permit fee schedule on page six: Plan Review Fee; and explained those fees and percentages. Discussion ensued regarding typical plan reviews, average hours for staff, cost recovery, fixed costs, enough history upon which to base any figure, larger fees for unusually complex plans, and dollar amount caps versus percentages, or some combination. Council Minutes 06 -08 -04 Page 3 of 5 Date Approved by Council: 06 -22 -04 Mayor DeVleming suggested staff pursue implications of a cap, perhaps $25,000 or $35,000 on plan review fees and if that would allow cost recovery excluding something extraordinary and complex. City Manager Mercier suggested coming back to Council with a formula or capping proposal in extreme situations. Deputy Mayor Wilhite said she would like to see research on fee percentages and caps and what the differences would entail, keeping in mind we want to remain business - friendly. City Manager Mercier added that as part of the budget, staff will bring back a series of recommendations regarding what fees might be altered. Mayor DeVleming stated he would like staff to work toward a modified percentage and capping issues to give options. 7. Discussion Points on Potential Amendments to Criminal Code — Cary Driskell Deputy City Attorney Driskell said that there are several agencies involved with carrying out our criminal justice contracts and they have brought forward suggested changes to the Criminal Code. Attorney Driskell then explained the issues presented in his attached June 8 memorandum. Council discussion focused on loud music, car music, and noise complaints in general. Attorney Driskell stated he will conduct further research on jake brakes, if there are any car - stereo music hobbyists, and commented further on the "reasonable person" standard for violation and the use of decimeters. 8. CenterPlace Project Status — Mike Jackson Parks and Recreation Director Jackson, with the assistance of Engineer Worley, gave a presentation on the construction update, followed by a report on the potential floor plan change for the Senior Center Wing, and an update on discussions with the college. Engineer Worley reported that the contractor is doing well, the site is completely rough graded, drain drywalls are installed, the basement walls are complete, and the floor slab has been poured. Concerning the Senior Center, Director Jackson said he has had ongoing discussions concerning the senior's desire for a wood floor in that section dedicated to the seniors. Councilmember Munson said he has no problem with that provided the senior association is willing to pay the expenses; Councilmember Taylor said he would be in favor of adding a wood floor but not in favor of the City paying the entire cost. Director Jackson said the change would result in an estimated additional $10,000. After discussion concerning removal of the wall in that area, tile versus wood floor, modular floors, and the conference room in that area, it was moved by Mayor DeVleming and seconded by Councilmember Schimmels, to proceed with the wood floor on a 75 %/25% fee allocation, with the association paying the 75 %. City Manager Mercier stated that the construction continues and direction needs to be given on moving forward, and that perhaps consideration could be given to grant staff the latitude to move forward provided the city does not bear the majority of the expense. It was then moved by Deputy Mayor Wilhite and seconded by Councilmember Denenny to amend the motion to add granting staff direction to move forward with the project, where the City would not be responsible for the major portion of it. After further discussion on the cost allocation, Councilmember Munson called for the question. Vote by acclamation on the amended motion: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Munson, Flanigan, and Denenny. Opposed: Councilmember Taylor. Abstentions: None. Motion carried. City Manager Mercier reiterated that staff will pursue the 75 %/25% mix, that staff may need to give direction to the contractor and architect before all meetings and figures are resolved, and if the Association counter- offers there may be some costs we could not recover, and that it is clearly understood that the proposal will be brought to the association with the 75 %/25% mix. Concerning the discussions with the College, Director Jackson said that concerning the space they propose to possibly put in a wet lab, that if that is done the cost is a concern with there will be additions of running water, drains, exhaust hoods and motors, etc, and would cost an estimated $25,000; that the College proposes to rough -in those fixtures; and that staff recommends the college be responsible for that additional cost, that the College appears agreeable and staff is waiting for the final response. 9. Comprehensive Plan Amendments Reconsideration of Ordinances Remanded by the GMA Hearing Board — Greg McCormick/Scott Kuhta Long Range Planning Manager McCormick went over the history of the remanded ordinances, and briefly explained each File No. Prior to explanation, Councilmember Schimmels removed himself from the dais Council Minutes 06 -08 -04 Page 4 of 5 Date Approved by Council: 06 -22 -04 so as to avoid any appearance of conflict of interest on specifically File No. CPA- 03 -02. After Manager McCormick's explanation of the files, his PowerPoint presentation on each, and brief discussion concerning the possible neighborhood issues associated with CPA 03 -07, Councilmember Schimmels returned to the dais, and City Manager Mercier said that when the ordinances are presented at the June 22 meeting, CPA -03 -02 will be presented first, followed by CPA 03 -01, then the next five, with the potentially controversial CPA -03 -07 being presented last. As there was no further business, it was moved by Councilmember Flanigan, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:47 p.m. ristine Bainbridge, City Clerk Michael DeV eming, Ma or Council Minutes 06 -08 -04 Page 5 of 5 Date Approved by Council: 06 -22 -04 NAME PRESENT /ABSENT COMMENTS Mayor Michael DeVleming- Position No. 3 c � Deputy Mayor Diana Wilhite- Position No. 1 Councilmember Dick Denenny- Position No. 7 C / 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 ay s�1t ; ;s%. Memorandum To: David Mercier, City Manager; and Councilmembers From: Chris Bainbridge, City Clerk Date: June 10, 2004 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Re: Citizens Against Proposed Zoning of CPA 03 -07 (Remanded Ordinances for Comp Plan) Mr. Howard Bruegeman submitted the attached petition at the last council meeting and asked that I forward copies to members of the Council. I have also forwarded copies of this petition to Marina Sukup and Greg McCormick. 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