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2003, 03-11 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular/Public Hearing Meeting March 11, 2003 Mayor Michael DeVleming called the regular meeting to order at 6:02 p.m. held at the Valley Community Center. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor (6:06 p.m.). Staff present: Interim City Manager Lee Walton, Interim Attorney Stanley Schwartz, Interim Deputy Manager Stan McNutt, Interim Planning Director James Harris, Interim Long Range Planning Manager Greg McCormick, Interim Current Planning Manager Kim Lyonnais, Interim Planner Scott Kuhta, Interim Public Works Director Richard Warren, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Jim Catlin, Spokane Bible Church, gave the invocation. Pledge of Allegiance: Deputy Mayor Wilhite led the pledge of allegiance. Roll Call: Interim City Clerk called roll. Approval of Agenda: Deputy Mayor Wilhite moved and Councilmember Schimmels seconded that the Agenda be approved. The motion carried unanimously with six votes. Councilmember Taylor arrived. Council Reports: Councilmember Flanigan reported that planning for the incorporation celebration is on schedule and thanked AmericanWest Bank for being a prime sponsor of this event. The incorporation ceremony/ribbon cutting will be held at City Hall on March 31. Tickets to the Mayor's Ball will be available at TicketsWest, Valley Chamber, City Hall, and AmericanWest Bank. Councilmember Munson moved and Councilmember Taylor seconded that $2,000 in seed money be authorized for the incorporation celebration. The motion carried unanimously. Councilmember Munson reported that he and Deputy Mayor Wilhite attended the memorial service held earlier today for Lt. Col. Michael Anderson, and it was an honor to represent Spokane Valley. Consent Agenda: Mayor DeVleming moved and Councilmember Munson seconded that the Consent Agenda be approved. The motion carried unanimously approving (a) regular meeting minutes, February 25, 2003; (b) special meeting minutes, February 27, 2003, and (c) claims obligations in amount of$139,739.71. Council Minutes March 11,2003. Approved March 25,2003 Page 1 of 7 Public Hearing— Spokane County Comprehensive Plan: Mayor DeVleming opened the public hearing at 6:15 p.m., detailed the procedure that will be followed, with staff presentation first. Interim Attorney Schwartz said that a comprehensive plan is a general set of guidelines that sets goals and policies, that there are various elements to be included as required by the State Growth Management Act, that a newly incorporated city has three years in which to develop its own comprehensive plan, that staff recommends the Council adopt Spokane County's Comprehensive Plan by reference, and staff will make minor changes to the County Plan as directed by Council following citizen input at this hearing. Mayor DeVleming asked if there were questions of staff from Council. Councilmember Munson requested affirmation that this is only a temporary interim plan for Spokane Valley, and that following incorporation there may be changes made by the Council, and was advised that this is a proposed interim plan for the City. Councilmember Denenny requested clarification as to the public process if the Council should determine the need for any changes. Interim Attorney Schwartz said that the City should conform to requirements of the Growth Management Act, and this hearing tonight gives the public opportunity to comment on the proposed interim plan, and with two readings of the ordinance there will be a total of three opportunities for public input prior to adoption of the interim plan. An environmental checklist could also be prepared if the Council elects to make major changes to the County plan. Mayor DeVleming opened the hearing for public comment. Howard Herman, 117 North McDonald, said that as a member of the transition committee reviewing this issue, the only objection the committee has to the County Plan relates to the industrial and commercial zones that were over-managed; the County did a good job on the residential zones. Herman pointed out specific areas that would be non-conforming under the County Plan and he feels this could have a deleterious affect on the community with a reduction in sales tax if these properties are restricted for any redevelopment. During incorporation efforts a pledge was made to the community that this would be a business friendly city that should be kept by the Council. Interim Community Development Director Harris clarified information contained on the zoning maps. Bill Gothmann, 10010 East 48th Avenue, said that the Growth Management Act advises cities and counties to make many choices about accommodating growth, and Spokane Valley should evaluate long-term effect choices we make will have on the community, and make careful choices to preserve the many choices the citizens of the area have. Gothmann pointed out policies in the County Plan that may be inconsistent with what the Spokane Valley community desires, and urges the Council to produce a 20-year comprehensive plan that will preserve the diversity of this community. Council Minutes March 11,2003. Approved March 25,2003 Page 2 of 7 Tony Lazanis, 10625 East Trent, commented that he feels neighborhoods could be unsafe by allowing mixed type of uses and requested that the Council assure there is protection of the neighborhoods and of the river. The mayor asked if there were questions of the speakers or staff from the Council. Councilmember Munson asked Mr. Herman and Mr. Gothmann to provide specific information relating to the stated concerns that may be addressed by the City's Planning Commission once that body is appointed and begins work on developing the City's comprehensive plan. Mayor DeVleming closed the public hearing on Spokane County Comprehensive Plan at 6:35 p.m. Public Hearing— Spokane County Phase I Zoning Ordinance: Mayor DeVleming opened the public hearing at 6:36 p.m. Interim City Attorney Schwartz said that staff recommends that Spokane Valley adopt by reference Spokane County Phase I zoning code. A zoning code provides for development regulations that are the laws placed on the use of land within the City. Some minor modifications may be proposed to the County zoning code for the interim Spokane Valley zoning code. Interim Community Development Director Harris provided copies of a list submitted by Wayne Frost requesting specific uses to be allowed in the 1-2 zoning district noting that the listed uses are allowed in the plan except in the 1-4 zoning. Councilmember Munson asked if Council has authority to change uses. Interim Attorney Schwartz advised that the Council has the ability to modify the zoning code, but must assure that any changes are in compliance with the comprehensive plan. Councilmember Flanigan said that it was his understanding that the purpose of the Growth Management Act is to reduce urban sprawl. As land values in a city core rise, the businesses look for lower priced property out of the urban area, and he questions allowing for retail and business use within an industrial zone, since that may eliminate ability for new industrial development. Commercial development may be allowed around industrial zoning. Mayor DeVleming opened the hearing for public comment. Rob Amsden, 3025 South Bannen Court, requested that the Council continue the 1-2 zoning. He suggests that Spokane Valley review the former matrix used by Spokane County prior to adoption of the Phase I zoning code since that matrix allowed for churches, self-service storage facilities, retail and business uses in an I-2 zone. These uses are Council Minutes March 11,2003. Approved March 25,2003 Page 3 of 7 presently excluded from the County's I-2 zone and he believes the City has an opportunity to make changes that will send a message that Spokane Valley is a business friendly city. Kerry Orcutt, 1304 North Evergreen, asked the Council to reconsider the zoning in his neighborhood on the east side of Evergreen Road. The west side of Evergreen Road in this area is zoned for mixed use and the east side is strictly low density residential. David Gump, 1314 North Evergreen Road, supports changing the zoning for the east side properties of Evergreen Road to the same zone as provided on the west side of the street, since property values have dropped dramatically since improvements were made to Evergreen Road. John Konen, Storhaug Engineering Company, said he is representing businesses on the south side of Sprague Avenue that currently have received unintended consequences of the two or three different types of zoning for properties between Appleway and Sprague. The new zoning for this area will make it difficult for properties to remodel and for new development and urges the Council to consider changes that will provide user friendly zoning and support of the business community. Lloyd Thomson, 4202 East Lane, owns property in the area Mr. Konen spoke about. Since there is one zone on the front part of the property and a different zone on the back side of the property, it makes it impossible to get any permit. This conflicting zoning makes the properties non-conforming and property owners need a remedy, so he urges the Council to consider addressing this inconsistency. Mayor DeVleming asked if Council had any questions of citizens or staff. Councilmember Munson noted that the testimony indicates that there is a sense of urgency for addressing some of these concerns soon so that controlled growth can go forward, and questions if making any changes needs to be delayed until the City Planning Commission is in place. Interim Attorney Schwartz advised that during the period prior to incorporation, the Council is able to make minor changes through legislation without the process that is required following incorporation. Councilmember Munson said that his experience on the Board of Equalization confirms the difficulty for the Assessor to assess property at its highest and best use when there is mixed zoning, and asked that staff address the situation on Evergreen. Councilmember Flanigan said that information he obtained from the County relating to the Evergreen area was that these properties are too narrow for commercial zoning, so a zoning change would have to be extended beyond the ones fronting on Evergreen, and wondered if the property owners had received similar information. Mr. Torgerson and Mr. Konen identified that the properties they represent are one acre in size and one-half acre in size and one is unique since it is landlocked with no street access. Council Minutes March 11,2003. Approved March 25,2003 Page 4 of 7 Interim Community Development Director Harris said that the Planning Department has met with property owners along Sprague Avenue in the area under question, recognize the problem, and will work towards developing solutions. Staff also recognize the problem on Evergreen and will work closely with the attorney to see what solutions may be available to address this problem. Harris said that a zoning code should not be rigid, and he feels that Spokane Valley can have a dynamic zoning code that lives and breathes for its citizens and that can be interpreted to work for the community. Councilmember Denenny said that he senses that some situations need flexibility and noted the City needs to have a Planning Director who will have this attitude for working with the community. Harris said that the Council can set the tone for what they wish for the City, and then through the Planning Commission, changes can be made. It is an exciting time for the City to begin to make change from a fresh new start. Interim Attorney Schwartz said that staff will provide information on possible minor changes to the code at the second reading of the ordinances next meeting. Mayor DeVleming closed the public hearing at 7:10 p.m. Agenda Bill No. 2003-070 (Comprehensive Plan): Interim City Clerk introduced Ordinance No. 52 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that Ordinance No. 52 Adopting the Spokane County Comprehensive Plan, Capital Facilities Plan and Maps as the Interim Comprehensive Plan of the City be advanced to second reading. Interim City Attorney_Schwartz said that this ordinance provides for adoption of the County Comprehensive Plan by reference and it will become the interim Spokane Valley Comprehensive Plan. The motion carried unanimously. Agenda Bill No. 2003-071 (Phase I Zoning Ordinance): Interim City Clerk introduced Ordinance No. 53 by reading the title. Councilmember Taylor moved and Councilmember Flanigan seconded that 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 as the Interim Development Regulations of the City be advanced to second reading. Interim Attorney Schwartz said that the ordinance provides for adoption of the County code by reference. Councilmembers concurred that staff be directed to address some of the issues raised at the public hearing for changes to the code before adoption. The motion carried unanimously. Agenda Bill No. 2003-072 (Phase I Zoning Map): Interim City Clerk introduced Ordinance No. 54 by reading the title. Councilmember Denenny moved and Councilmember Flanigan seconded that Ordinance No. 54 Adopting by Reference the Spokane County Zoning Map(s) as the Interim Zoning Map(s) of the City be advanced to second reading. Interim City Attorney Schwartz said that this ordinance adopts a map that shows parcel by parcel the zoning that is provided for in the Phase I zoning code. Council Minutes March 11,2003. Approved March 25,2003 Page 5 of 7 Rick Kurtz, 4515 East 14th'submitted a listing of members of the Woodland Terrace Preservation Society. There is an asphalt plant proposed near his back yard on approximately 55 acres that would affect the quality of life of these 125 homes and he asks the support of the Council to address protection of these properties. Duane Schofield, 16317 North Beardsly, wondered if the immediate fixes by the City will be shown on the zoning map. Schofield said that he submitted a letter some time ago relating to the Sprague Avenue couplet and notes that the City should assure that transportation courses are friendly to the business community. John Konen, Storhaug Engineering, said that the map on display this evening is a composite map put together by the County and there is no guarantee that it includes all the specifics on the map that the County has. Interim Community Development Director Harris said that this is a display map, and the official zoning maps will be what is used to guide the staff. The motion to advance Ordinance No. 54 to second reading carried unanimously. Agenda Bill No. 2003-073 (State Environmental Policy Act): Interim City Clerk introduced Ordinance No. 48 by reading the title. Councilmember Taylor moved and Councilmember Schimmels seconded that the rules be suspended for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 48 Adopting by Reference the Spokane Environmental Ordinance Implementing the "State Environmental Policy Act" as the Environmental Regulations of the City. Interim City Attorney Schwartz said that this ordinance implements the state SEPA guidelines and is based on the model ordinance provided by the state. Howard Herman,117 North McDonald, said the transition team took a look at this ordinance and others proposed this evening and agree that these are mandated by the GMA and should be adopted as they are. The motion to adopt Ordinance No. 48 carried unanimously. Agenda Bill No. 2003-074 (Flood Hazard Plan): Interim City Clerk introduced Ordinance No. 51 by reading the title. Deputy Mayor Wilhite moved and Councilmember Munson seconded that the rules be suspended for two readings of this ordinance, advance to second reading, and adopt Ordinance No. 51 Adopting by Reference Chapter 3.20 of the Spokane County Code Entitled"Flood Damage Protection". Interim Attorney Schwartz said that this ordinance provides for flood control and allows residents who are in a flood zone to acquire flood insurance. The motion carried unanimously. Agenda Bill No. 2003-075 (Critical Areas): Interim City Clerk introduced Ordinance No. 49 by reading the title. Councilmember Munson moved and Councilmember Denenny seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 49 Adopting by Reference Chapter 11.20 Entitled"Critical Areas" of the Spokane County Code as the Interim Critical Areas Council Minutes March 11,2003. Approved March 25,2003 Page 6 of 7 Regulation of the City. Interim Attorney Schwartz said that the GMA requires that cities have regulations covering certain areas defined as critical areas. The motion carried unanimously. Agenda Bill No. 2003-076 (Critical Areas Map) Interim City Clerk introduced Ordinance No. 50 by reading the title. Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 50 Adopting by Reference "Critical Areas Map(s)" of Spokane County as the Interim Critical Areas Map(s) of the City. The motion carried unanimously. Agenda Bill No. 2003-077 (Business Registration): Interim City Clerk introduced Ordinance No. 34 by reading the title. Councilmember Munson moved and Councilmember Flanigan seconded that the rules be suspended for two readings of this ordinance, advance to second reading and adopt Ordinance No. 34 Adopting a Business Registration System for the City of Spokane Valley. Interim Attorney Schwartz noted that no fees will be imposed for registration in 2003, although the Council could decide at a later date to charge a nominal fee. Interim Manager Walton said registration of businesses provides a mechanism for the City to make sure we receive the tax revenues from businesses within the corporate boundaries and to make sure the businesses are in zoning compliance. The motion carried unanimously. Public Comments: Rob Amsden, 3025 South Barmen Court, urges the City to consider doing electrical inspection in-house as they set up the one-stop permit center. Jeff Goodwin, 14211 East Broadway, also would like to see the City provide electrical inspections in-house as it makes it much more efficient for applicants. He also has a concern that Spokane Valley may not be able to handle the volume of work with two inspectors, and questioned the process for obtaining permits. Adjournment: Councilmember Flanigan moved and Councilmember Munson seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 7:46 p.m. ATTEST: APPROVED: CjZi2X., L■leudiA Interim City Clerk Mayor Michael eV1 ming kb Council Minutes March 11,2003. Approved March 25,2003 Page 7 of 7