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2003, 03-25 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting March 25, 2003 Mayor Michael DeVleming called the regular meeting of the Spokane Valley City Council to order at 6:02 p.m. Councilmembers present: Mayor Michael DeVleming and Councilmembers Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Councilmembers excused: Deputy Mayor Diana Wilhite and Councilmember Dick Denenny. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Finance Director Robert Noack, Interim Community Development Director James Harris, Interim Long Range Planning Manager Greg McCormick, Interim Current Planning Manager Kim Lyonnais, Interim Long Range Planner Scott Kuhta, Interim Public Works Director Richard Warren, Interim City Engineer Dick Thiel, City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Rick Evanson, Good Shepherd Lutheran Church, gave the invocation. Pledge of Allegiance: Mayor DeVleming led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Mayor DeVleming added a presentation from the Planning Department before Second Reading Ordinances Item 11.B. Interim City Attorney Schwartz distributed a proposed ordinance for moratorium on adult entertainment permits as Item 11.A.4., said there would be no action required for Item 11.C.2., and that Item 11.C.1. will be ready for the March 27, 2003 special meeting. Councilmember Munson moved and Councilmember Flanigan seconded that the Agenda be approved as amended. The motion carried unanimously with five votes. Public Comments: Tom DeGeare, 2820 South Avalon Road, presented information to the Council on the name change poll that he conducted, requesting that they review the information after this meeting. David Elton, 5210 East 5th Avenue, questioned if changes to the comprehensive plan were considered scientifically. He volunteers assistance to the City as he has been a certified appraiser since 1992. Council Reports: Councilmember Munson said the Finance Committee met, reviewed claims obligations and recommend approval by the Council. Council Minutes,March 25,2003 Council Approved,April 22,2003 Page 1 of 6 Councilmember Flanigan reported that about 300 tickets have been sold for the Mayors Ball on March 29, 2003. Councilmember Flanigan updated the Council on Senate Bill 6026 and its companion House Bill 1581. The bill as amended has passed in the Senate and is now in the House for hearing. Councilmember Flanigan suggested another letter from the Council supporting this bill with the amendment to remove County authority to establish Parks and Business Improvement Districts within cities. This item will be added to the agenda under Pending Legislation for action and public comment. Councilmember Munson reported that he recently attended a Mirabeau Point Board Meeting and there was discussion relating to City ownership and status of this Board if the City accepts ownership. Consent Agenda: Councilmember Flanigan moved and Councilmember Munson seconded approval of the Consent Agenda including: (a) Special Meeting Minutes of March 6, 2003; (b) Regular Meeting Minutes of March 11, 2003; and (c) Claims Obligations in the amount of$135.837.03. The motion carried unanimously with five votes. Public Hearing: Mayor DeVleming opened the Public Hearing at 6:20 p.m. The mayor stated that the purpose of this hearing is to receive citizen input on the proposed extension of a moratorium on permits for adult entertainment establishments and announced the procedure that will be followed. Interim Attorney Schwartz said that approving a moratorium would put a six-month freeze on the filing of adult entertainment establishment permits. This gives the staff opportunity to study the County code and develop recommendations to submit to the Council for adoption as the City code governing this type establishment. The mayor opened the public hearing for public comment. Bill Gothmann, 10010 East 48th Avenue, read a statement that supports establishing a moratorium on adult entertainment permit issuance to give the Council opportunity to thoroughly study the services that all businesses provide to a community and make decisions as to what will be in the best interests for building a good community. David Elton, 5210 East Fifth Avenue, said that having these types businesses can be very expensive to a community. Building a community takes time, strategy and needs much public input, and he said that the Council would be well advised to take their time and think through this issue very carefully. There being no further comments, Mayor DeVleming closed the hearing at 6:31 p.m. Council Minutes,March 25,2003 Council Approved,April 22,2003 Page 2 of 6 Agenda Bill No. 2003-086 (Subdivision Regulations, Ordinance No. 58): Interim City Clerk introduced Ordinance No. 58 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 58, Adopting by Reference Title 12, Entitled "Subdivisions" of the Spokane County Code as the Interim Subdivision Regulations of the City. Interim Attorney Schwartz summarized this ordinance stating that staff is recommending a change to County code by allowing shortplat of 9 or fewer lots to be approved administratively, that is less costly to the developer, but will still be required to comply with all zoning and subdivision requirements. Staff responded to several questions relating to certain sections of the ordinance and capability of staff to handle workload. Dwight Hume, 707 West 7th, No. 200, said that the homebuilders association has analyzed a 9-lot versus a 4-lot shortplat and there is a savings of approximately $1200 plus time to the applicant. He said the proposed revision is a quantum step forward in accommodating applicants. The motion to adopt Ordinance No. 58 carried unanimously with five votes. Agenda Bill No. 2003-087 (Shoreline Master Program, Ordinance No. 59): Interim City Clerk introduced Ordinance No. 59 by reading the title. Councilmember Flanigan moved and Councilmember Schimmels seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 59, Adopting the Spokane County Shoreline Program and Related Regulations as the Interim Shoreline Management Program of the City. Interim Attorney Schwartz summarized provisions of this ordinance, and said that the state requires cities to regulate shorelines through a master program. The motion carried unanimously with five votes. Agenda Bill No. 2003-088 (Land Use Application Review, Ordinance No. 60): Interim City Clerk introduced Ordinance No. 60 by reading the title. Councilmember Flanigan moved and Councilmember Taylor seconded to suspend the rules for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 60, Adopting by Reference the Spokane County "Application Review Procedures for Project Permits" as the Interim Application Review Procedures for Project Permits of the City. Interim Attorney Schwartz said that legislation requires there be a uniform permitting process that this ordinance addresses. Staff will be analyzing this ordinance as they go through the permitting process and will determine any recommendations for changes. The motion carried unanimously with five votes. Ordinance No. 61, Moratorium on Adult Entertainment Permits: Interim City Clerk introduced Ordinance 61 by reading the title. Mayor DeVleming moved and Councilmember Taylor seconded that Ordinance No. 61 Establishing a Moratorium on the Filing and Acceptance of Applications for Development Permits or Land Use Approvals Associated with Adult Entertainment and Adult Establishments be advanced to second reading. Interim Attorney Schwartz said that this ordinance establishes the moratorium on issuance of development permits for adult entertainment establishments for a six-month Council Minutes,March 25,2003 Council Approved,April 22,2003 Page 3 of 6 period giving the City an opportunity to study and determine its own regulations for control of these establishments. Annette Remshard, 1705 North McMillan Lane, said that she is pleased that the Council is taking steps in an effort to provide more protection for the City's citizens. The motion to adopt ordinance No. 61 carried unanimously with five votes. Staff Presentation: Mayor DeVleming said that before the agenda items covering second readings of ordinances, the Community Development Department will make a short presentation on suggested changes to these documents for Spokane Valley. Interim Long Range Planning Manager McCormick reviewed the changes that staff recommends be made to the land use documents to address some of the issues that were raised at the March 11, 2003 public hearing and from citizen contact during the past few weeks. Interim Community Development Director Harris said that other issues that were raised will need more study so that the City does not create spot zoning. Agenda Bill No. 2003-070 (Comprehensive Plan, Ordinance No. 52): Interim City Clerk read Ordinance No. 52 title for second reading. Councilmember Munson moved and Councilmember Flanigan seconded to adopt Ordinance No. 52, Adopting the Spokane County Comprehensive Plan, Capital Facilities Plan and Maps as the Interim Comprehensive Plan of the City. Interim Attorney Schwartz summarized provisions of this ordinance noting that there could be additional amendments included of properties that have proceeded through the County permit and review process with approximately 99% of the work done for such changes. Schwartz provided some options for how these additional changes might be handled by Spokane Valley. Councilmember Munson moved and Councilmember Flanigan seconded to amend the motion to include requested comprehensive plan changes that are nearly complete through the County process and that staff deem appropriate. There was brief discussion of specific properties that may need to be addressed by Spokane Valley and compliance with the Growth Management Act. Richard Behm, 3626 South Ridgefield Drive, said that there were many hours of testimony prior to and during the construction of Appleway and he is concerned about the commercial designation on the south side of this right of way. He also notes that the designated discharge area for stormwater in the vicinity of Carnehan and 8th Avenue needs to be thoroughly studied and urges that Council delay action on this document until more information and research has been gathered by staff. Tony Lazanis, 10625 East Trent, expressed concern about the zoning change of the Spokane Rock Products property, and requested that staff do more research on this issue prior to adoption of this ordinance to assure that the neighborhood quality of life is protected. Davis Hume, 707 West 75h, #200, represents owners of properties in the vicinity of Appleway and Park and noted that the comprehensive plan changes have been well reviewed through the County process and allow for reasonable; it is his opinion that Council Minutes,March 25,2003 Council Approved,April 22,2003 Page 4 of 6 commercial will not spread to the south side of Appleway. He questioned status of a specific change that he has submitted to the City. Interim Community Development Director Harris responded that this request, along with others will be looked at by staff so that zoning along the whole corridor is considered for the best solution to address these requests. Responding to questions of the Council relating to the concerns raised by citizens, Interim Community Development Director Harris advised that staff has thoroughly reviewed proposed comprehensive plan changes processed through the County, but other issues will be addressed as the Planning Commission proceeds with development of the City's Plan. Councilmembers agreed that it is not the City's intent to be a roadblock for the amendments that have gone through extensive public input and County staff review, and they do not wish to take action that could hamper business opportunities in Spokane Valley. Councilmember Munson withdrew his motion to amend and Councilmember Flanigan withdrew his second to amend. Councilmembers agreed to delay action on Ordinance No. 52 until the March 27, 2003 meeting to give staff opportunity to respond to the concerns raised about this ordinance. Agenda Bill No. 2003-071 (Phase 1 Zoning Code, Ordinance No. 53): Interim City Clerk read Ordinance No. 53 title for second reading. Councilmember Flanigan moved and Councilmember Taylor seconded to adopt Ordinance No. 53 Adopting by Reference Chapters 14.100 Through 14.800 With Appendices entitled the Spokane County Zoning Code as Supplemented and Amended by the Phase I Development Regulations and This Ordinance as the Interim Development Regulations of the City. Interim Attorney Schwartz reviewed provisions of this ordinance and highlighted changes suggested by staff to the County ordinance. The motion carried unanimously with five votes. Agenda Bill No. 2003-072 (Phase 1 Zoning Map, Ordinance No. 54): Interim City Attorney Schwartz recommended that this agenda item be delayed to the next meeting to give staff opportunity to address the concerns raised during discussion of Ordinance No. 52. Council agreed to add this item to the March 27, 2003 agenda. Mayor DeVleming recessed the meeting at 8:03 p.m. for ten minutes. The meeting reconvened at 8:12 p.m. City Manager and Staff Reports: Interim Finance Director Noack presented the preliminary budget for the nine-month period, March 31, 2003 through December 31, 2003. A public hearing is scheduled March 27, 2003 to receive public input on this proposed budget. Noack responded to questions of the Council on several parts of the proposed budget. Council Minutes,March 25,2003 Council Approved,April 22,2003 Page 5 of 6 Public Comments Jim Laddie, 1506 South Pierce, expressed concern about the cost for obtaining street obstruction permits and suggested that the City staff meet with purveyors to convey information about required permits and costs Annette Remshard, 1705 North McMillan Lane, expressed appreciation for the budget document that indicates the City will be operating with less expenditures than revenues Tony Lazarus, 10625 East Trent, thanks Councilmember Flanigan for keeping on top of the proposed state legislation relating to lodging taxes and urges Council to support the efforts to lobby the legislature, since the legislation without amendment is bad for the industry Pending Legislation Councilmember Munson moved and Mayor DeVlemmng seconded that Council approve the letter to the State House Trade and Economic Development Committee supporting the amendment to Senate Bill 6026 removing the legislative authority of counties to form a Parking and Business Improvement Distnct within city corporate boundaries Councilmember Flanigan explained provisions of the bill and the proposed amendment, noting that Spokane Valley could support the bill with the inclusion of this amendment There were no public comments either for or against this proposed letter The motion to approve the letter carried unanimously with five votes Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn The motion carried unanimously with five votes There being no further business,the meeting was adjourned at 8 43 p m ATTEST APPROVED CLZ/A., L-tj Intenm City Clerk Mayor Michael DeV1 ming kb Council Minutes March 25 2003 Council Approved April 22 2003 Page 6 of 6