2004, 08-24 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, August 24, 2004
Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 50`" 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: Councilmember Munson gave the invocation.
Staff:
Dave Mercier, City Manager
Nina Regor, Deputy City Manager
Stanley Schwartz, City Attorney
Cary Driskell, Deputy City Attorney
Neil Kersten, Public Works Director
Ken Thompson, Finance Director
Marina Sukup, Community Development Director
Cal Walker, Police Chief
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 Mayor DeVleming and seconded by Councilmember
Denenny 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 recent Valley Chamber Board meeting; and also
announced the recent death of Chamber Board member Ken Holloway, and extended condolences to Mr.
Holloway's family and friends.
Councilmember Flanigan: said that he attended an in- depth, two -day AWC class on finance and budget
preparation.
Deputy Mayor Wilhite: explained that several Councilmembers met with members from the State
Auditor's office as the City undergoes its audit; and that she also attended the executive meeting at the
Economic Development Council.
MAYOR'S REPORT: Mayor DeVleming mentioned that the memorial service for Ken Holloway will
be held September 1.
PUBLIC COMMENTS:
Bill Gothmann, Spokane Valley Planning Commission Chair: said that there have been many citizens who
testified before the Planning Commission concerning errors the County made in its zoning map; that the
County did not provide timely notice to property owners of proposed changes; and that we need to correct
those errors; that a petition has been received for a moratorium on development of residential areas until
the zoning issues are solved; that he wants to give notice to the community that this Thursday city staff
Council Minutes 08 -24 -04 Page 1 of 5
Date Approved by Council: 09 -14 -04
will hold a presentation on the Land Use element of the comprehensive plan; and he invites Council and
citizens to aid in the development of a zoning plan which will solve the problems caused by the County.
Melanie Hays Klobuche, 808 S. Herald Road: stated she need more barrels on the corner of 8 and
Herald; that she has pictures of storms from the June; that Shane Arlt looked at pictures of the first flood
and then six days later, another flood hit; that Shane sent out the road crew to empty the barrel in front of
her house; but that more barrels are needed. She gave pictures to the City Clerk for Council review, but
would like the pictures returned after Council has had a chance to view them.
John Snediker, 18317 E. Broadway: spoke concerning the library and our managed competition, said he
feels he are trying to fix something that is not broken; that the library has a 98% approval rate; says we
don't own the library building and /or the library collection; wants City to look at facts and look into
options like use of the junior high; also stated his concern about the mention of a need to clear the room at
the last Council meeting, and feels there should be more discussion [when someone is out of order] rather
than to threaten everyone.
Jane Franks, 12508 East Skyview: on behalf of the Senior Center, she extended an invitation to attend
their fundraiser to help pay for the CenterPlace dance floor they are paying for 3 /4ths of that she has
flyers and tickets; and said it would be cheaper to buy the tickets tonight then at the door.
1. PUBLIC HEARING: Proposed Amended 2004 Budget — Ken Thompson
Mayor DeVleming opened the public hearing at 6:17 p.m. Finance Director Thompson gave an overview
explaining that State law requires a public hearing and an amendment to the budget when we believe we
will exceed appropriations; and he then explained the areas of adjustment as noted in his August 24, 2004
Request for Council Action. Mayor DeVleming invited public comment. Paul Allison, 11315 E 44 Ave:
stated his concern regarding fines and forfeitures increasing income and expenditures by $600,000; and
also asked for clarification concerning the bond interest. Director Thompson explained that in reference
to fines and forfeitures, we budgeted about $400,000 but when putting the budget figures together, there
was no allowance for additional funds from those who would be paying citations, and that we collect the
fines and forfeitures, and by law we must then pay those funds to the State. In reference to bond interest,
Director Thompson explained that the increase of $30,000 is the investment interest we earned while we
held those bond sale proceeds, and that must be used for the same purpose as the bond sale proceeds.
Mayor DeVleming invited further public comments; no comments were offered. Mayor DeVleming
closed the public hearing at 6:26 p.m.
2. 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
3. Second Reading: Proposed Ordinance 04 -035 Interim Zoning Estate Lots — Marina Sukup
After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by
Councilmember Denenny to approve ordinance 04 -035. Community Development Director Sukup then
went over her Powerpoint presentation, and explained the one change in the last sentence of the "purpose
and intent" section. Mayor DeVleming pointed out on page four of the Findings of Fact, that the district
number should be 15 instead of 14. Mayor DeVleming invited public comment.
Chuck Hafner, 4710 S Whitner: stated his appreciation for being able to present this issue and said he
feels if we were still part of the unincorporated County, he would not have had this opportunity to make
this request.
Council Minutes 08 -24 -04 Page 2 of 5
Date Approved by Council: 09 -14 -04
Bill Gothmann: presented a two -page document concerning the Growth Management Act, and read from
the back page, and said that this is not only a recommendation but is required by the present
Comprehensive Plan; he added that it is up to us to plan our City.
Brief council discussion ensued regarding densities and the opportunity for change. Vote by Acclamation:
In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was then moved by
Councilmember Munson and seconded by Deputy Mayor Wilhite, to approve the Findings of Fact
presented, as modified, and to approve the workplan. Mayor DeVleming invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
4. First Reading: Proposed Ordinance 04 -036 Amending 2004 Budget— Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and
seconded by Mayor DeVleming, to suspend the rules and approve ordinance 04 -036. Finance Director
Thompson gave brief comment. Mayor DeVleming invited public comment; no comments were offered.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Proposed Resolution 04 -021 Amending Fee Schedule — Marina Sukup
After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by
Deputy Mayor Wilhite to approve resolution 04 -021. Community Development Director Sukup
explained the proposed change, which is to have a $35,000 maximum charge, barring no exceptions, on
the planning fee. Mayor DeVleming invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
6. Motion Consideration: Adoption of Council Goals for 2005 — Dave Mercier
It was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve the stated council
goals for 2005.
After brief discussion, it was moved by Councilmember Munson and seconded by Councilmember Taylor
to amend the motion to include the goal: Continually investigate and if possible implement managed
competition opportunities in the conduct of city business, contracts, and activities.
It was then moved by Councilmember Denenny and seconded, to amend goal #5 as follows by inserting
the following words between the word "agencies" and "in pursuit of" in analyzing data related to system
acquisition options and; so that the new goal would read:
Collaborate with Wastewater Dischargers and Regulatory Agencies in analyzing data
related to system acquisition options and in pursuit of interim and long -term resolutions to
water quality and wastewater treatment capacity concerns so that economic development and
natural resources continue to support the vitality of the region.
Vote on amended motion for goal #5: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
Vote on the amended motion to include managed competition as stated above: In Favor: Councilmembers
Munson and Flanigan. Opposed: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers
Schimmels, Taylor, and Denenny. Abstentions: None. Amended motion failed.
PUBLIC COMMENTS: No public comments were offered.
Mayor DeVleming called for a short recess at 7:00 p.m.; Mayor DeVleming reconvened the meeting at
7:10 p.m.
Council Minutes 08 -24 -04 Page 3 of 5
Date Approved by Council: 09 -14 -04
ADMINISTRATIVE REPORTS:
7. Facility Use Agreement — Mike Jackson
Parks and Recreation Director Jackson explained that he was asked to discuss and review the use
agreement with the Car Club; and after that discussion, Director Jackson made the changes noted in
paragraph two: changing the event number from 15 to 50; and of the changes noted on the Exhibit A.
Director Jackson asked if Council had no other changes, he will bring the agreement back for formal
consideration at a later date. Council agreed.
8. Gambling Tax Discussion — Stanley Schwartz
City Attorney Schwartz explained the background of the City's gambling tax on pulltabs and
punchboards, and of the county's 10% tax and of this Council changing that to 5 %, and that when our
ordinance was passed, it did not specify that the tax was 5% of gross receipts "less the amount awarded as
cash or merchandize prizes." Mr. Schwartz also explained his August 18 memorandum with its analysis
and conclusion of the topic and if crediting the amount due would be a gift of public funds. Deputy City
Attorney Driskell said that he and Director Thompson would like to propose a solution to this issue of
unpaid taxes due: to draft an amended ordinance repealing the offending section that only relates to
pulltabs and punchboards effective October 1, 2004; and reestablishing the tax April 2006 at the rate of
5% of gross receipts "less the amount awarded as cash or merchandise prizes." Attorney Schwartz
explained that such an ordinance could be brought to Council for a first reading September 7, which
would give ample time to have the ordinance effective prior to October 1, 2004. Attorney Driskell also
explained that they have proposed a plan for collection of those unpaid funds; that the businesses affected
would sign a promissory note, and the tax payments now owing would be broken into six quarterly
payments; which would have a result in taxes paid of that which was originally intended: the 5% of gross
receipts less the amounts awarded as cash or merchandise prizes. It was also suggested to have something
in the promissory note /agreement addressing how to handle these taxes should the business owner change
ownership, move, or close. It was Council consensus for staff to draft an ordinance for Council review
for the September 7 council meeting.
9. Budget 2005 Estimates — Ken Thompson
Finance Director Thompson gave a short PowerPoint presentation on proposed 2005 revenues and
expenditures and added that he is only bringing this information for Council consideration and is not
asking for any decisions tonight. Director Thompson also reminded Council that public hearings are set
for October 12 and 26. Director Thompson also mentioned that the Citywide proposed 2005 budget is
$43,000,000 and not the $40,000,000 as shown on the PowerPoint slide.
10. Stormwater Program /Report on Swale Comparison — John Hohman
Senior Engineer John Hohman gave a brief overview of the action taken to date concerning stormwater
management, and of the previous staff presentation; and introduced Dave Moss of TetraTech, Tony
Righellis of Righellis PC, and Jim Harakas of GEOEngineers. Mr. Hohman gave his PowerPoint
presentation followed by the Consultant's PowerPoint presentation. After the presentation, Mr. Hohman
went over the "next steps" and said that staff seeks council direction on implementation the proposed new
design method, and whether to address the staffing options by hiring additional staff or contracting for
those needs. City Manager Mercier mentioned that all this means that staff will examine the fee schedule
for stormwater and as part of the budget decision packet, the information will be brought forward later.
Council said they have no objection to moving this matter forward.
EXECUTIVE SESSION: It was moved by Mayor DeVleming, seconded by Councilmember Munson
and unanimously agreed upon that Council retreat to the conference room for an Executive Session
regarding an employee personnel evaluation; that the estimated meeting time is 30 minutes; and that
afterwards, Council will reconvene the open meeting. Council adjourned into executive session at 8:30
p.m. Mayor DeVleming declared Council out of executive session at 9:01 p.m. and reconvened the open
Council Minutes 08 -24 -04 Page 4 of 5
Date Approved by Council: 09 -14 -04
meeting. It was moved by Mayor DeVleming and seconded by Councilmember Munson to increase the
City Manager's salary by 4 %, effective as of April 15, 2004, anniversary date. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
It was then moved by Mayor DeVleming, seconded by Councilmember Taylor, and unanimously agreed
upon to adjourn. The meeting adjourned at 9:03 p.m.
1 I✓t
hristine Bainbridge, City Clerk
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Michael DeVleming, M or
Council Minutes 08 -24 -04 Page 5 of 5
Date Approved by Council. 09 -14 -04
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PUBLIC COMMENT SIGN-1N SHEET
SPOKANE VALLEY
CITY COUNCIL MEETING
DATE g' Z 9- 04
Citizen comments on any item. Please state your name and address for the record. Your
time will be limited to THREE MINUTES.
"36.70A.020 Planning Goals
Documents Relevant to Proposed U -1 Zoning
Bill Gothmann
8 -23 -04
Growth Management Act RCW 36.70A
(4) 1- lousing. Encourage the availability of affordable housing to all economic segments
of the population of this state, promote a variety of residential densities and housing
types, and encourage preservation of existing housing stocks.
"36.70A.070 Comprehensive Plans -- Mandatory Elements.
... Each comprehensive plan shall include a plan, scheme, or design for each of the
following:
(2) A housing element ensuring the vitality and character of established residential
neighborhoods that: (a) includes an inventory ... , (b) includes a statement of goals, ..., (c)
identifies sufficient land for housing ... , (d) makes adequate provisions for existing and
projected needs of all economic segments of the community."
"36.70A.110 Comprehensive Plans -- Urban Growth Areas
(2) ... Cities and counties have discretion in their comprehensive plans to make many
choices about accommodating growth."
WAC 365 -195 Growth Management Act -- Procedural Criteria for Adopting
Comprehensive Plans and Development Regulations
"365 -195- 335(3) Urban Growth Areas, Recommendations for Meeting Requirements
The following steps are recommended in developing urban growth areas:
(d) (Determination of the amount of land necessary to accommodate likely growth.
This process should involve at least:
(iii) Selection of the densities the community seeks to achieve in relation to its
growth goals."
Spokane County Comprehensive Plan (Adopted by City of Spokane Valley)
[Page UL- 1 :I
"Planning Principles
•
• Neighborhood character should be preserved and protected
•
• Communities should have a diversity of housing and job types that enable
residents from a wide range of economic levels and age groups to work and reside
within their boundaries."
"Urban Land Use Categories
Residential Categories
... Low density residential includes a density range of 1 to and including 6 dwelling units
per acre. ..."
[Page UL 13]
"Policy UL.9.1 Establish low, medium, and high density residential categories to achieve
population and economic growth objectives. Low density residential areas
shall range from 1 to and including 6 dwelling units per acre, ...."
Bill Gothmann, 10010 F. 48th. Ave., Chair of Planning Commission
In the past few months, there have been many, many citizens and groups who
have testified before the Planning Commission to a variety of mistakes that were made by
the County in its zoning map. A number of businesses were classified as residential;
areas within the airport boundaries were classified as residential; and many hundreds of
citizens have had their zoning changed to UR -7 without their knowledge. The County
may have satisfied the letter of the law -- 1'll leave that for others to decide. However, it
has become crystal clear to me that the County, in developing their zoning niap, did not
provide timely, adequate notice to affected property owners. This is a prime requirement
of the Growth Management Act and I believe that the County fell far short of meeting
that goal.
Thus, it falls to us, the citizens of the City of Spokane Valley, to do two things.
First, we need to correct the errors in zoning that were made by the County. A petition
has been received by the Planning Commission to place a moratorium on development of
residential areas until the residential zoning problems are solved. This indicates the depth
to which citizens believe that they have been wronged by the County, and I believe the
petition deserves serious consideration.
Second, it is important that we -- the Planning Commission and the City Council -
- do not repeat the mistakes of the County when it provided inadequate notice. To that
end, 1 want to put the community on notice. This Thursday, the city staff will be
presenting its first blush of the Land Use element of our comprehensive plan to the
Planning Commission. This section will detail what zones are permitted, where city
center will be, and other land use topics. It will become the guide for the eventual
development of a zoning map for our city. 1 invite the Council, and I invite all citizens to
hold the Planning Commission's feet to the fire -- to develop a zoning plan and a zoning
map that solves the problems the County caused, and one which fully meets the present
and future needs of our community.
WHEREAS, the proposed development regulations must be submitted to the Washington
Department of Community Trade and Economic Development pursuant to RCW 36.70A.106WAC 365-
195 -620; and
follows:
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as
Section 1. Chapter 14.615 of the Interim Zoning Code is hereby established as an
amendment to Ordinance No. 03 -53 to read as follows:
"Chapter 14.615
Urban Residential Estate (UR -1) Zone
14.615.100 Purpose and Intent
The purpose of the UR -1 zone is to preserve the character and vitality of existing substantially developed
urban neighborhoods consisting primarily of one -acre lots which were created through a formal lap tting
process more than twenty -five years ago and which have historically permitted the keeping of a limited
number of large animals and livestock. Lots are presently served by a public water system and may
require connection to a public sewer system. The residential character necessitates the provision of paved
roads and other public facilities. The UR -1 zone is an interim zone and is limited to the properties
identified in Section 2 below.
14.615.210 Permitted Uses
Hereafter in the UR -1 zone no building, structure improvements or portion thereof shall be erected,
constructed, converted, established, altered, or enlarged, nor shall any lot or premises be used, except for
those uses specifically permitted in this zone pursuant to Chapter 14.605, Residential Zones Matrix,
Section 14.416, and 14.816. In addition, the following specific standards are required for the following
permitted uses.
A. Residential uses
B. Public and Semipublic Uses
1. Community hall, club or lodge, provided that it is related to local community social
activities and its principal activity includes a service customarily carried on as a business.
2. Public utility transmission facility, provided that:
a. The utility company shall secure the necessary property or right -of -way to
assure for the proper construction, continued maintenance, and general safety
to the properties adjoining the public utility transmission facility;
b. All support structures for electrical transmission lines shall have their means of
access located a minimum of ten (10) feet above the ground;
c. The facilities shall be compatible with the surrounding uses either by distance,
landscaping, buffering, or design, as determined by the Zoning Administrator;
and
d. The height of the structure above ground does not exceed one hundred twenty-
five (125) feet.
3. Day care center (in a church or public or private school). provided that:
a. There are no more than fifty (50) children;
b. Any outside play area shall not be closer than fifty (50) feet to a property line;
or
c. Any outside play area must be completely enclosed with a minimum four (4)-
foot fence.
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