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2004, 07-27 Regular Meeting MinutesMayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 48`" 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, July 27 2004 Staff: Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Mike Jackson, Parks & Recreation Director Neil Kersten, Public Works Director Marina Sukup, Community Development Director Ken Thompson, Finance Director Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Tom Davis, Director of Spokane Valley "Young Life" gave the invocation. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Munson 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 Taylor: reported that he attended the annual INTEC meeting and mentioned that all board positions are now full members and there are no loner any ex- officio positions; and that the Board discussed projects for upcoming year. Councilmember Schimmels: said that he attended a small picnic at Mirabeau with a group of senior citizens, they had a tour of the new park and shelter area and heard a briefing on the progress of the building site. Deputy Mayor Wilhite: explained that she attended the Board Meeting for the Economic Development Council where they discussed their goals and objectives for the upcoming year. Councilmember Flanigan: said he attended the board meeting for the Public Health District and learned more about fluoridation, and that the director of Public Health was authorized a pay increase; and that he also attended a Valleyfest organizational meeting. Councilmember Denenny: said he chaired and attended the Regional Health Meeting as mentioned by Councilmember Flanigan. MAYOR'S REPORT: Mayor DeVleming reported that response has been received from Spokane County regarding wastewater treatment assets, and he would like to add that to a future agenda. Council concurred. Mayor DeVleming also mentioned that "National Night Out" will be held next Tuesday; and that he also attended a groundbreaking today at Mirabeau Point for the Washington Department of Fish and Game, which relocated their new facility at Mirabeau. PUBLIC COMMENTS: none Council Minutes 07 -27 -04 Page 1 of 4 Date Approved by Council: 8 -10 -04 1. CONSENT AGENDA. After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Munson to waive the reading and approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS 2. Second Reading: Proposed Ordinance 04 -030 Amending Criminal Code re Noise — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve ordinance 04 -030. Deputy City Attorney Driskell explained that this is the third touch on this issue, which was brought forward at the request of the Spokane Valley Police Department to give them a tool to control noise disturbances. Attorney Driskell said there have been no changes since the first reading. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Second Reading: Proposed Ordinance 04 -031 Amending Criminal Code re Open Container — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Schimmels to approve Ordinance 04 -031. Deputy City Attorney Driskell said that this would amend 8.20.020 of the City Code and would make the penalty consistent with state law, and that the fine would be $50.00 plus court costs for a total amount of $103.00. Mayor DeVleming invited public comment. Greg Werner 11807 East 16` asked for clarification on the ordinance and if it would be enforced on people's private property. Attorney Driskell said this addresses public places and private property would not be subject to this ordinance. Attorney Driskell added that this would apply to open containers in vehicles with the exception of commercial vehicles that have permission. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading: Proposed Ordinance 04 -032 Amending SVMC Title 5, Section 05 Business Registrations — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Mayor DeVleming to advance ordinance 04 -032 to a second reading at a later date. Finance Director Thompson reported that we have over 3,000 registered businesses; that it was previously agreed that we would use the State's system for registration with a registration fee of $13.00 for for - profit businesses and a $3.00 fee for non - profit busiensses. He then went over some of the proposed changes in the ordinance. After discussion concerning exemption B and the need for further clarification, Director Thompson said that section will be modified for the second reading. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First Reading Proposed Ordinance 04 -033 Establishing Dimensional Standards (Setbacks) — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Denenny to advance ordinance 04 -033 to a second reading. Community Development Director Sukup explained the proposal to amend some of the development regulations as per her accompanying PowerPoint presentation, and added that these proposed changes will make the system more home -owner friendly, especially in regard to backyard setbacks. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Council Minutes 07 -27 -04 Page 2 of 4 Date Approved by Council: 8 -10 -04 6. First Reading Proposed Ordinance 04 -034 Administrative Variances /Exceptions — Marina Sukup After City Clerk Bainbridge read the ordinance title, Community Development Director Sukup explained the proposed ordinance as set out in the accompanying Request for Council Action form, that the ordinance explains who would quality for the exceptions, and that the Planning Commission held a public hearing last Thursday and unanimously recommends approval. Mayor DeVleming invited public comment. Greg Werner, 11807 East 16 said he is a little confused with setbacks and variances and it sounds like these changes would allow for wider streets by taking more private property. Council discussion then ensued regarding the appeal process and expediting the process. It was then moved by Mayor DeVleming and seconded by Councilmember Flanigan to advance ordinance 04 -034 to a second reading. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. For the next reading, Council said they would like to have pictures and more examples. 7. Proposed Resolution: 04 -022 Setting Public Hearing Date for Street Vacation STV 03 -04 — Marina Sukup After City Clerk Bainbridge read the resolution title, it was moved by Councilmember Munson and seconded by Councilmember Denenny to approve Resolution 04 -022. Community Development Sukup explained the process as per the accompanying PowerPoint presentation and said this is only setting a date for the public hearing for the Planning Commission. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Proposed Resolution 04 -023 Setting Public Hearing Date for Street Vacation STV 04 -04 — Marina Sukup After City Clerk Bainbridge read the resolution title, it was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve Resolution 04 -023. Community Development Sukup explained the process as per the accompanying PowerPoint presentation and said this is only setting a date for the public hearing for the Planning Commission. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: Approval of Aquifer Protection Area Interlocal Agreement — Neil Kersten It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the interlocal and authorize the City Manager to execute the agreement. Public Works Director Kersten explained the agreement and brought council attention to the new section 2.7. Director Kersten also mentioned the accompanying spreadsheet which shows the proposed allocation of the revenues based on the agreement. Mayor DeVleming invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS None ADMINISTRATIVE REPORTS: [no public comment] 10. Animal Control Update — Nancy Hill Director Nancy Hill gave her PowerPoint presentation to update Council on the animal shelter, on SCRAPS, and on the concept of a regional facility, adding that Spokane County, the City of Spokane, and Deer Park have positive inclinations toward such regionalization. She mentioned the idea of a one -stop shop which would increase the service level; are said they are almost ready to create a financial model, but are waiting for additional information which she will share with Council once all figures have been collected. Ms. Hill said the shelter will handle approximately 8,000 animals this year, which would be a record amount. Director Hill also discussed enforcement and their educational efforts. Councilmember Taylor mentioned that if we were to agree with the regional concept, he would like to see how costs would be distributed, if it would be per capita or based on time or volume or some other formula. Ms. Council Minutes 07 -27 -04 Page 3 of 4 Date Approved by Council: 8 -10 -04 Hill said she will be examining other financing options and will send those results as well to Council. She will also be examining other options concerning finances and will send a report back to council. 11. New Ci Hall Initial Preferences — Nina Re. or Deputy City Manager Regor gave her PowerPoint presentation explaining the summary of council feedback on new city hall preferences. Ms. Regor added that Web Properties is in the process of gathering additional information regarding our current lease (which expires February 2007), such as buying down leasehold options and/or the ability to lease additional space, and that information will be forthcoming at a later date. Ms. Regor also stated she will check with Web Properties concerning the ability to lease year -to -year. Discussion followed regarding space requirements now, future space requirements, lease options in the surrounding campus, cost differentials between leasing and owning, the idea of having Parks and Recreation at CenterPlace, subleasing, extending the current lease, and of the possibility of snaking some lease decision within the next six months. 12. CenterPlace Update — Mike Jackson Parks and Recreation Director Jackson's PowerPoint presentation showed the status of the construction at CenterPlace, and Director Jackson also discussed the construction schedule and ongoing issues for the upcoming months. As other items on the agenda were informational only, it was moved by Councilrnember Flanigan, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:05 p.m. ST Christine Bainbridge, City Clerk Michael Deleming, Mayor Council Minutes 07 -27 -04 Page 4 of 4 Date Approved by Council: 8 -10 -04 CenterPlace Construction Update 7/27/04 Pouring /Finishing Concrete in Senior Wing Steel Floor Great Room Kitchen Area 2 Installing Air Handling Equipment Waste Line for Possible Future Wet Lab for Spokane Community Colleges August/September Construction • Continue installing mechanical equipment in basement and ductwork • Continue first floor masonry • Continue first floor framing, doors and frames • Electrical • Insulation August/September Construction Cont. • Curbs and sidewalks • Second floor joists and decks • Begin asphalt paving • Fire sprinkler installation • Late September roof structural steel 6 Ongoing Issues • Completion of Upstairs - This is #1 priority and will influence other components. — Architect is preparing cost estimates • Wood Dance Floor- Final selection of floor material, • Lease with college — Getting closer. • Furniture — Architect is preparing a fee proposal to assist in furniture selection and purchase Ongoing Issues Cont. • High Technology — Determining proper process to receive proposals. Primarily for auditorium • Communications and Data — T -1 lines for telephone — Fiber for data • Kitchen — IGtchen equipment was specified in final plans but the cost of the equipment is not part of the contract. Kitchen consultant will prepare bid package and we will determine how we will solicit bids. Ongoing Issues Cont. • Key system — Considering electronic card readers on some doors. It may be difficult to track keys with multiple users. • Security — Considering basic security system. Intrusion alarms and security cameras. • CenterPlace Web Cam - Still under consideration. Checking costs. 7 City Council Prayer 7/27/04 Dear Heavenly Father, Tom Davis Area Director Thank you for the opportunity to open this meeting in prayer to acknowledge you and to lift up tonight's agenda to you. Thank you for this incredible weather you have blessed us with. I thank you for Spokane Valley - a safe place for families and individuals to live, to work, to make a difference, and to give back. I ask God for your presence in this meeting tonight. Please be with the leaders in this room and in the community who make decisions that affect all of us and grant them wisdom and insight. Give them a clear purpose and honorable intentions for every decision they make. And lastly, as a representative of Spokane Valley Young Life and local high school and middle school kids, I ask for your protection and favor in our schools. These ldds are the leaders of tomorrow. I pray that they might know you, so they will understand how important and loved they are. And as a result of a relationship with you, may they be equipped to make a difference in their schools, their families, and in our community. I ask these things in your son Jesus name, Amen Spokane Valley Young Life 14022 East 20 Avenue Veradale, WA 99037 (509)892- 9044/Ce0: (509)998 -5405 E -mail: ytspokanevalley@msn.com ADMINISTRATIVE EXCEPTIONS & ADMINISTRATIVE VARIANCES Community Development Department July 27, 2004 Siokane ��Ualley f Background • City Council was briefed on Development Regulation policy issues on April 6, 2004, and provided direction concerning the intent of the provisions included in Ordinance No. 05 -53 • SEPA analysis was completed on April 26, 2004 and a Determination of Non - Significance issued • Planning Commission held a public hearing on July 22, 2004 Proposed Amendments • The provisions of Section 14.404.090 adopted by City Council have been incorporated into the amended requirements of Section 14.506 and 14.404.090 repealed • In addition obsolete provisions relating to "Future Acquisition Areas" were deleted. Added were provisions which allow consideration of Administrative Exception on improved property rendered non - conforming as a result of right -of -way acquisition by voluntary dedication, purchase or condemnation RECOMMEN DATION • Plannin Commission recommended approval-by-a--vo te of 6:- •,\.„ Spamnm e 4 jValley Proposed Dimensional Standards Community Development Department July 27, 2004 BACKGROUND • Authorized pursuant to RCW 35A.63.105, WAC 365- 195-845, WAC 365 - 195 -855, and the City's Interim Comprehensive Plan • The interim Development Regulations include many provisions which do not apply within urban areas and other regulations which staff has suggested should be amended to eliminate redundancy, ambiguity and conflicts in enforcement • On April 6 and June 1, 2004, Council was briefed on problems, including enforcement, associated with a alternative setback requirements • A public hearing was held before the Planning Commission on July 22, 2004 1 • Current building setback requirements — "rural" vs. "urban" • Significant customer and staff time spent figuring out building setback requirements • Customer service issue for planning & building staff 55' from the roadway centerline or 25' from the front lot line, whichever is greatest — where is the roadway centerline? BACKGROUND Street The requirement is 5' per story - is this a second story? My garage is single -story along this property line while along the other property line the house is two story - so I can have a 5' setback on one side and a 10' setback on the other? This is how the County has always done it, Proposed Residential Setbacks • Tabular format • Delete minimum 2,640 sq. t. separation between B -1 zones 2 Current Proposed Front Setback 25' 15' Garage 25' 20' Side Yard 5' /story 5' Side Yard (flanking) 25' 15' Rear Yard 15' 20' • Current building setback requirements — "rural" vs. "urban" • Significant customer and staff time spent figuring out building setback requirements • Customer service issue for planning & building staff 55' from the roadway centerline or 25' from the front lot line, whichever is greatest — where is the roadway centerline? BACKGROUND Street The requirement is 5' per story - is this a second story? My garage is single -story along this property line while along the other property line the house is two story - so I can have a 5' setback on one side and a 10' setback on the other? This is how the County has always done it, Proposed Residential Setbacks • Tabular format • Delete minimum 2,640 sq. t. separation between B -1 zones 2 Suggestion • Add note for attached side - loading garages which would allow a fifteen foot front setback • Should be permitted although not a typical layout in Spokane Valley P/L PROPOSED 10' Border Easement (Typ) Street 24 -28' ROW 3 • Planning Commission recommended approval by a vote of 6 -1 S 1i61 S SS4lmm j�alley Set August 26, 2004 for Public Hearing STREET VACATION STV -03 -04 Chris Linc Properties L.L.C., 2320 North Atlantic Street, Spokane WA 99205 , July 27, 2004 Background • Chris Linc Properties L.L.C., 2320 North Atlantic Street, Spokane WA 99205 • Remainder of David Road, originally acquired by Spokane County for the Appleway Extension. RECOMMENDATION • Set August 26, 2004 as the date for a public hearing before the Planning Commission Stioka' n � ..Valley Set August 26, 2004 for Public Hearing STREET VACATION STV -04 -04 McCallum Ford Sales, Inc., dba Gus Johnson Ford, P.O. Box 13309, 8200 E. Sprague Avenue, Spokane Valley, WA 99213, July 27, 2004 r Background • McCallum Ford Sales, Inc., dba Gus Johnson Ford, P.O. Box 13309, 8200 E. Sprague Avenue, Spokane Valley, WA 99213 • Proposed right -of -way vacation: 20 foot alley located between Parcels No. 45192.0101 and 45192.0102 Set August 26, 2004 as the date for a public hearing before the Planning Commission