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2004, 06-22 Regular Meeting MinutesMayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 46 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, June 22, 2004 PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Messianic Rabbi D'Auria gave the invocation. Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Marina Sukup, Community Development Director Cal Walker, Police Chief Mike Jackson, Parks & Recreation Director Tom Scholtens, Building Official Steve Worley, Senior Engineer Greg McCormick, Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Munson: said that all Councilmembers except Councilmember Taylor, attended last week's Ocean Shores Convention, and attended a number of classes which were very well presented. Deputy Mayor Wilhite: mentioned she too attended the Ocean Shores Convention including workshops on finance, budgeting, and tourism activities. Councilmember Taylor: reported that he attended the Chamber of Commerce board meeting and that a letter was approved by the Board to be delivered to Council regarding researching options and specifics of having wastewater collection assumed by the City of Spokane Valley. Councilmember Flanigan: stated of the Ocean Shores workshops, his primary focus was on bringing and enhancing tourism in the City of Spokane Valley. Councilmember Denenny: said he felt one of the better presentations at Ocean Shores was the GMA presentation concerning the differences in boards between the east and west side; that he also attended a STA finance meeting which approved some changes in structure due to passage of the election issue; and Council Minutes 06 -22 -04 Page 1 of 7 Date Approved by Council: 07 -13 -04 that he attended a governance task force regarding sewer and met with Spokane County and the City of Liberty Lake concerning the issue of regional sewering. MAYOR'S REPORT: Mayor DeVleming reported that information from the Washington Office of Financial Management indicates the City of Spokane Valley has moved from the 9 largest city to the 8 largest city with population changes from 82,005 to an unofficial population figure of 83,950. PUBLIC COMMENT: (for items not on tonight's agenda) Ron Allen, Lucky Auto Sales, 324 N Pines: stated he moved to that location June 1 and shortly thereafter the City's Code Enforcement officer rudely spoke to him concerning a complaint that autos were parked too close to Pines and created a hazard for traffic hazard; he said that he felt a courteous greeting would have been better received; and added that the autos have been moved. Grant Rodkey, Spokane Valley: said a friend of his has a problem regarding junk vehicles at 1700 Sprague Avenue; and that he would like to see the issue of different City names set on the next ballot. Mayor DeVleming informed Mr. Rodkey that his friend should contact City Hall in reference to the issue of junk cars. 1. PUBLIC HEARING: Six -Year Transportation Improvement Plan Mayor DeVleming opened the public hearing at 6:15 p.m., and asked Engineer Worley to present the overview. Mr. Worley explained that the City is required by statute to hold a public hearing concerning the City's Six -Year Transportation Improvement Plan, to adopt a revised and extended comprehensive transportation program for the ensuing six years, and that the Plan must be submitted to the Washington State Secretary of Transportation prior to July 1. Mayor DeVleming invited public comment. Grant Rodkey: said that 16 Street is close to where he lives and he is concerned about bike lanes, and if residents would lose their on- street parking with the road widening project; he also questioned the manner of interrupted striping on the road. Larry Rider, Spokane Valley Fire Department: spoke in reference to Indiana, or Mansfield, and stated his concern to make sure emergency traffic will still have access eastbound to Pines; concerning the Barker Bridge project, he also wants to ensure that access route will not be lost for the few years while construction is ongoing. Mayor DeVleming invited further public comment; no further comments were offered. Mayor DeVleming closed the public hearing at 6:24 p.m. 2. 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. 3. First Reading Proposed Vacation Ordinance 04 -019, STV01 -04 — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to advance ordinance 04 -019 to a second reading. Community Development Director Sukup gave a brief overview, described the property location, and stated that City staff and the Planning Commission feel vacation is appropriate subject to conditions of the ordinance. Mayor DeVleming invited public comment. Kurt Vigessa made brief comment to clarify the pronunciation of his name. Mayor DeVleming invited further public comment, no further comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 06 -22 -04 Page 2 of 7 Date Approved by Council: 07 -13 -04 4. First Reading Proposed Vacation Ordinance 04 -020, STV02 -04 — 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 -020 to a second reading. Community Development Director Sukup gave a brief overview, described the property location, and stated that City staff and the Planning Commission feel vacation is appropriate subject to conditions of the ordinance. She also mentioned that part of the 100 -year floodplain goes through the property. Mayor DeVleming invited public comment. No comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Readings: 2003 Comp Plan Amendments, Reconsideration of Ordinances Remanded by the GMA Hearing's Board — Greg McCormick a. Proposed Ordinance 04 -022 (CPA 03 -02) Councilmember Schimmels stated he will step down from the dais on this matter (CPA 03 -02) in order to avoid any potential conflict of interest. Councilmember Schimmels left the dais. After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to advance ordinance 04 -022 to a second reading. Planning Manager McCormick explained the challenge on the procedural /remanded matter, and stated in reference to this ordinance that staff concurs with the Planning Commission recommendation. Mayor DeVleming invited public comment; no public comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Councilmember Schimmels was invited and returned to the dais. It was then moved by Mayor DeVleming and seconded by Councilmember Munson to combine agenda items #5b through 5f. Mayor DeVleming invited public comment; no comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. After Planning Manager McCormick gave a general overview of the five ordinances, City Clerk Bainbridge read each ordinance title. City Manager Mercier added that the CTED 60 -day time period has lapsed so Council has the option of dealing with the first reading on these ordinances, or suspending the rules and moving for approval. It was moved by Mayor DeVleming and seconded by Councilmember Denenny to suspend the rules and advance the combined ordinances for approval. Mayor DeVleming invited public comment on any of the ordinances; no public comments were offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. g. Proposed Ordinance 04 -027 (CPA 03 -07) After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor, to advance Ordinance 04 -027 to a second reading. Planning Manager McCormick gave the overview of this ordinance, explaining that the request is to change three acres from Low Density Residential to High Density Residential, that the original Planning Commission recommendation was to change the west portion of the property to Medium Density Residential and zone UR -12, and change the east portion to Community Commercial and zone B -2; and that the new remanded Planning Commission recommendation is to change the easterly portion to Community Commercial and B -2 Zoning; and change the westerly portion to High Density Residential and UR -22 zoning. It was then moved by Councilmember Munson and seconded, to amend the motion to suspend the rules and approve ordinance 04 -027. Vote by acclamation to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming invited public comment. Howard Bruegeman, 18422 E. Sharp: spoke against the proposal and voiced amazement at the Planning Commission's change from their original recommendation; said that at the May Planning Commission, the applicant spoke of possible medical offices and also mentioned the possibility of a 30 -unit apartment; and that the Planning Commission voted unanimously (with the exception of one) in favor of the proposal. He ended by stating that he hopes the developers do not own this new City. Council Minutes 06 -22 -04 Page 3 of 7 Date Approved by Council: 07 -13 -04 JoAnn Carlson, 18519 East Sharp: said she lives directly north of this three acres; that she is opposed to development of a 30 -unit apartment complex; that they deal with garbage and traffic from Wendy's and Heiko, that more traffic means more dust, and that she is against this proposal. Bob Walker, N 1315 Greenacres Road: stated he has lived in the area since 1944, that he has worked at his business on east Sprague since 1964, and that a proposal of a 30 -unit apartment complex is not a sound proposal; he also voiced his frustration with impending increased traffic. Peter McCoskey, East Sharp: said he feels a 30 -unit apartment is too much, that the area can't take another development of that size. Larry Mertens, 1114 N Greenacres Road: said he lives on the corner of Boone and Greenacres, that many cars speed through there now and that perhaps if Boone were straightened it would help traffic flow; also stated he does not want that large apartment complex there. Robert Yeoman, 18415 E. Sinto: stated his objection to the proposal and said that East Sinto does not have room as the bridge and roads are overloaded now. John Stiller, East 18315 Sinto: said already too much traffic in that area; objects to the proposal. Lea Simmons, 18410 E. Sharp: said traffic is heavy on Barker now and expressed her concern with the safety of the children in the area. Jay Schumann, 18414 East Sinto: said he is against this development; that roads in the area are undeveloped, no centerline stripe and no sidewalks; that he is happy with the roads that way but that they are not meant to handle high volume traffic; said this proposal is bad for the community and bad for property values. Peter Higgins, 20221 East 8 does not live in the area but said traffic will be blocked up and not able to move in any direction. Mary Colville, lives next door to the proposed project on Boone: said it is difficult to get from Boone to Barker now and expressed concern with current traffic problems and that a 30 -unit project would destroy his property's worth. Dwight Hume, on behalf of the proponent, 9101 N Mountain View Land: said he is a land use planning consultant; said they went before the Planning Commission to explain the request for reconsideration; that the original request supposedly to demonstrate the usability of the site, illustrated a 30 -unit apartment; and that in the interim additional thought was given to the marketability and use of the site and what was once anticipated in the purchase of the property when it was zoned industrial, was that the industrial zone was a zone that allowed commercial use. He further explained that the purchasers knowing this, purchased the property which had been vacated and cleared off; that one of the provisions of the industrial zone is ministorage, and the property owners were planning to use it as such but the County removed the industrial category and did not put back an appropriate category for the use that was there; stated that he and the proponent are here to restore the legal rights of the property and get the appropriate zone; and that to have ministorage use of the property, the B2 zone would have to encompass the entire property. He added that medical offices are not permitted in the UR -12 zone, such as a small animal veterinary clinic. He concluded that they want a stronger marketability and usability of the site and without this, the area would likely remain vacant; they are not certain apartments are the highest and best use, but that in the UR -22 they will have the capability of serving the people with other services. Mr. Hume also presented an aerial photo of what was the "Quickie Box" which had 150 employees working two shifts. He added that they will attend to the issues under SEPA for traffic mitigation, and intend to be a good neighbor. Council Minutes 06 -22 -04 Page 4 of 7 Date Approved by Council: 07 -13 -04 Councilmember Munson asked Mr. Hume if a decision has been made on the use of the area, and Mr. Hume said they are forced into looking at possibilities and they lost their land use category and were going to do ministorage; and do not feel comfortable getting a high enough designation to put that on the property. Sue Anderson, 18505 East Sinto: said that the Quickie Box Mr. Hume referred to was at least 20 -years ago and was prior to Riverwalk, prior to Wendy's, and prior to traffic problems they experience now; that they have problems getting in and out now and she does not want an apartment in the area. John Peterson, 8600 East Sprague representing owners of the property: said he wants to make the property work for the area and feels it is most important to get some sort of medical building in; that he realizes he needs to go through the building permit process and that traffic studies will need to be completed adding that they have no control over traffic; they want to be aware of any problem in the area and want to correct any problems and welcome phone calls; that they will have managers there to react to issues but that they need to be made aware of those issues. Mayor DeVleming invited further public comment; no further comments were given. Councilmember Flanigan said he is aware that the transportation plan calls for extensive construction on Barker over the next six years but that not allowing development is not the solution although he wishes there were some designation to not permit an apartment unit and realizes traffic is an issue. In response to a question from Council, Engineer Worley said that the proposal for Barker is to widen the road and that a small portion from Boone to Mission will be a five -lane section; that the Barker Road Bridge is scheduled to be replaced; and that he is not aware of any WSDOT proposed changes to the interchange. In response to Councilmember Munson's question concerning procedure when an application for a permit for commercial property is received and if there is any opportunity for the permit process to deal with public input, especially concerning zoning issues, Planning Manager McCormick explained that the first formal step in permitting uses in a zoning district, is an environmental checklist submitted under SEPA, then issue a determination based on anticipated impacts which is then published in the newspaper announcing a public comment period, after which a building permit is granted if all conditions are met. Deputy Mayor Wilhite says she favors the proposal as is and would not be in favor of an industrial use; that she understands there are traffic problems, but with that designation that are other structures that can be put in and that she hopes the owner will take into consideration the concerns of the neighbors; that she is sympathetic to traffic moving in and out of the property and feels we need to look at how we can help with this and other traffic issues. Councilmember Munson added that as neighbors have the opportunity to voice concerns about any future building, he will support the proposal. Vote by Acclamation on the amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming called for a recess at 6:50 p.m., and reconvened the meeting at 6:58 p.m. 6. Proposed Resolution 04 -018 Amending Resolution 04 -007 Creating Student Advisory Council — Mayor DeVleming After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve Resolution 04 -018. Mayor DeVleming explained that there were a few minor changes to the resolution, under representation to designate the Mayor or designee and the City Manager or designee, and to make reference to by -laws as shown in Section 2D and Section 3C. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 06 -22 -04 Page 5 of 7 Date Approved by Council: 07 -13 -04 7. Proposed Resolution 04 -019 Approving Six -Year Transportation Improvement Program — Steve Worley After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Schimmels to approve Resolution 04 -019. Mayor DeVleming invited public comment. Grant Rodkey, 11524 East 19 Avenue asked for a copy of the Plan. (City Manager Mercier supplied him with a copy.) Mayor DeVleming invited further public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Motion Consideration: Set Election Date of 09/14/04 for Fire Districts Annexation — Nina Regor It was moved by Mayor DeVleming and seconded to set the date of September 14, 2004 for the fire annexation vote. Deputy City Manager Regor explained the background of the annexation to Fire Districts One and Eight, after which Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: Parks MasterPlan Contact Award — Mike Jackson It was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the MasterPlan Contract award. Parks and Recreation Director Jackson explained that the City has determined that a Parks and Recreation MasterPlan should be developed to guide the future acquisition, development and operation of parks and recreation facilities and programs, and that the plan also includes a feasibility study for a swimming pool or other aquatic facility. Director Jackson said that in response to advertisement, the City received ten Statements of Qualifications from firms interested in developing the Plan, and after review of the qualifications, staff chose four of the applicants to submit proposals and attend interviews. Staff feels the firm of Moore Iacofano Golstman, Inc. was the most qualified firm. Director Jackson stated that this would be a 12 -month process which would start July 1; that staff has not negotiated the final schedule, and anticipates the final MasterPlan to be completed no later than the end of June 2005. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: Peter Higgins, 20221 East 8 said we are in the process of mixing land uses; that in reference to large animal keeping, he suggests that when any urban subdivision goes in next to any large animal keeping area, that a fence be required to protect the public and the animal. ADMINISTRATIVE REPORTS: 10. Valley Corridor Environmental Assessment /Traffic Study — Neil Kersten Public Works Director Kersten went through his PowerPoint presentation explaining the corridor project, current status and history, public participation process, and work to be done. He explained that the City received significant public comment on the proposed options, and based on those meetings staff requested a scope of work and cost proposal from Jones & Stokes, the consultant who developed the draft Environmental Assessment for Spokane County. After Director Kersten's presentation, it was Council consensus to bring this matter back to the next council meeting for motion consideration. 11. Business Registration Discussion — Ken Thompson Finance Director Ken Thompson gave a PowerPoint presentation on the issues connected with the business registration process and of options for further consideration concerning possible registration fees. Director Thompson also explained that on June 1, council tentatively decided to use the Washington State Department of Licensing (DOL) to register and renew city licenses, including nonprofits, and at that meeting, there was discussion concerning recovering costs. Director Thompson stated that the cost recovery would include costs associated with 2004 costs but not include 2003. Director Thompson recommended a $13.00 business registration fee with a reduced fee of $3.00 for nonprofits. After brief council discussion, it was Council consensus to proceed with those specified amounts. It was also Council Minutes 06 -22 -04 Page 6 of 7 Date Approved by Council: 07 -13 -04 determined that the ordinance needs to be modified to specify who should and should not register. This item will be brought back to council for further review at a later date. 12. Report on Proposed Resolution Amending Leave Policies — Nina Regor Deputy City Manager Regor explained that staff proposes to change the two types of leave without pay in order to adhere to state regulations connected with family and medical leave. After further brief discussion, it was agreed that a draft resolution will be brought forward at the next Council meeting for Council consideration. There being no further business, it was moved by Councilmember Flanigan, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:02 p.m. ATTEST. . Christine a ainbridge, City Clerk Michael DeVleming, May 1 Council Minutes 06 -22 -04 Page 7 of 7 Date Approved by Council. 07 -13 -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 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 z z r NAME PLEASE PRINT TOPIC OF CONCERN ADDRESS TELEPHONE f . , (9 , A 1` t.-- t C , o 1. 1 3c) v N P, . -, e s 9 )_ 1 - 1 z I S 3DA_N 41 G / ? wn ' 6 ®-- ) k ,J q o- . ih (M>P go c - / y / , /011,1160 ° 40 i S(/jr cz,,2 c11A P7/?2J// s� • .... - '' ! ' 4a 41 1111 10 V PUBLIC COMMENT SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE (f/Z2/ CN Citizen comments on any item. Please state your name and address for the record. Your time will be limited to THREE MINUTES. NAME PLEASE PRINT ADDRESS TELEPHONE u 1 ti ,� r /11 C-- c2 /6/ A( Ci7/ I e,) Lif,. 2/3 S a/c •"\m, j PUBLIC HEARING SIGN-IN SHEET Six -Year Transportation Improvement Plan SPOKANE VALLEY CITY COUNCIL MEETING DATE: June 22, 2004 All persons wishing to speak at a PUBLIC HEARING must sign in with your name and address for the record. There may be a time limit for your comments. A copy of any written comments relating to the public hearing subject must be provided to the City Clerk. pc • :•• 7•1•• • - • tr • . ' • • 1 - - t. 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(.. ••••■••• • itAWCV .611411,1. • 1=; . - • ii„::•; • ..1.1•0406:41.111101.MINWP.• • ....le . -■■•■••••■• NAME- PLEASE PRINT ADDRFSS TELEPHONE r j n Ualley PUBLIC HEARING SIGN —IN SHEET Six -Year Transportation Improvement Plan SPOKANE VALLEY CITY COUNCIL MEETING DATE: June 22, 2004 All persons wishing to speak at a PUBLIC HEARING must sign in with your name and address for the record. There may be a time limit for your comments. A copy of any written comments relating to the public hearing subject must be provided to the City Clerk. Business Registration Spokane Valley Council Meeting June 22, 2004 Background Ordinance #34 adopted March 2003, requires bus. registration • 2,900 + businesses registered !;. 21. :0114 1 June 1, 2004 Department of Licensing Include Non - profits Discussed Cost Recovery 2003 Costs - NO 2004 Costs - Yes Fees • Recover 2004 Costs only • Recommendation • Businesses = $13 /year • Non - Profits =$3 /year 2 6 Recommendation Motion to amend the existing business registration ordinance Include Non - Profits Use WA ST DOL Include Recommended Fees REVENUES STATE CITY FEE TASK DOL ONLY Revenues $75,000 < -$25 $39,000 < -$13 Tess uncollectibles $(3,750) $(1,950) Total Revenues $71,250 $37,050 3 TASK EXPENDITURES STATE CITY FEE DOL ONLY Telephone calls, walk -in traffic, questions $ 6,500 $ 6,500 Finance Dir. Time $ 2,200 $ 2,200 Half -time employee $ - $ - Fee to Microflex/DOL $ 27,000 $ - Register new businesses $ 5,200 $ 5,200 Software $ - $ - Desk, chair, computer (over 3yrs) S - $ - Bank fees for cr. Cards S 1,750 S 1,000 Forms, letters, postage $ - $ - Add non - profits (over 3 yrs) $ 5,000 $ 5,000 Recover costs from prior yr $ 12,000 $ 9,000 2004 costs only TOTAL EXPENDITURES $ 59,650 S 28,900 EXPENDITURES cont STATE CITY FEE DOL ONLY 4 5:2.1 REV & EXP RECAP STATE CITY FEE TASK DOL ONLY Total Revenues $71,250 $37,050 Total Expenditures $59,650 $28,900 Difference $11,600 $8,150 5