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2003, 02-11 Regular Meeting Minutes CITY OF SPOKANE VALLEY City Council Minutes Regular Meeting February 11, 2003 The regular meeting of the Spokane Valley City Council was called to order by Mayor Michael DeVleming at 6:02 p.m. Councilmembers present: Mayor Michael DeVleming, Deputy Mayor Diana Wilhite, Councilmembers Dick Denenny, Mike Flanigan, Richard Munson, Gary Schimmels, and Steve Taylor. Staff present: Interim City Manager Lee Walton, Interim City Attorney Stanley Schwartz, Interim Finance Director Robert Noack, Interim Planning Director James Harris, Interim Finance Manager Dan Cenis, Interim City Clerk Ruth Muller, and Interim Administrative Assistant Karin Bosworth. Invocation: Pastor Gary Hebden, Valley Open Bible 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 asked that Resolution 03-017 be added to the agenda as Item No. 10.D).2). Interim Attorney Schwartz advised that he has received information about comments Spokane County staff has relating to the City's stormwater utility ordinance and requests that Ordinance No. 31-Al be removed from this agenda to give him time to review the comments. Deputy Mayor Wilhite moved and Councilmember Flanigan seconded that the Agenda be approved as amended. The motion carried unanimously. Public Comments: Tom DeGeare, 2820 South Avalon Road,reported that the name change poll he is doing is going well. This will give the City a good idea as to what the citizens want. He invited the Council to attend the sorting and counting of this poll at his home on March 10. Chuck Sauter, 12013 East Main Avenue, expressed his concern regarding half-way houses, sex offenders, and drug homes in approximation to City libraries and schools. Interim City Attorney Stanley Schwartz replied that the Council will soon be reviewing a resolution establishing procedures for siting essential facilities. Council Reports: Mayor DeVleming welcomed Boy Scout Troops 405 and 424 in attendance. Council Minutes from February 11,2003-Approved on February 25,2003 Page 1 of 6 Councilmember Munson reported that the Finance Committee met, thoroughly reviewed claims submitted and approved them for payment, with expenses still well below budget appropriations. Consent Agenda: Councilmember Flanigan moved and Councilmember Denenny seconded that the Consent Agenda be approved as submitted. Mr. Noack added that one invoice from the consulting firm is currently under discussion, but that it was paid. The motion carried unanimously approving: (a) Special Meeting minutes from January 16 and 21, 2003; (b) Regular Meeting minutes from January 28, 2003; and (c) Claims Obligations in the amount of $117,571.02. Public Hearing: Spokane Valley Interim Budget Mayor DeVleming opened the public hearing at 6:10 p.m. for the purpose of receiving public comment on the proposed Spokane Valley interim budget for period January 1, 2003 through March 31, 2003. Interim Finance Director Noack said that this is Spokane Valley's first public hearing and he is honored to have this opportunity to provide information for public comment on the proposed budget. Noack summarized the contents of the proposed interim budget, reporting that to date, the City has expended $474,316.33, which is well under budget, and noting that the public may obtain copies of this interim budget at City Hall. He thanked the Finance Committee for their assistance in developing this budget. There were no comments from the public on the proposed interim budget. Mayor DeVleming closed the public hearing at 6:30 p.m. Mayoral Appointments - Lodging Tax Advisory Committee: Mayor DeVleming announced that he has appointed to the City's Lodging Tax Advisory Committee for a term expiring December 31, 2003, the following: Liz Beck (Super 8 Motel), Peggy Doering (Valley Fest), Jayne Singleton (Spokane Valley Legacy Foundation), Jeff Fox (Spokane Valley Doubletree Hotel), and Councilmember Flanigan. Councilmember Flanigan said that it is estimated that this tax will bring in $300,000 to $400,000 yearly to be deposited into a special fund that is administered by this Committee. Councilmember Munson moved and Councilmember Denenny seconded to confirm the Mayor's appointments to the Lodging Advisory Committee. Councilmember Taylor moved and Councilmember Denenny moved to table the motion to the next appropriate meeting, to allow time for Council briefing on the appointees. The motion to table carried by majority vote, with six aye votes—Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Denenny, Munson, Schimmels, and Taylor; one nay vote - Councilmember Flanigan. Agenda Bill No. 2003-036,Adult Entertainment: Interim City Clerk introduced Ordinance No. 36 by reading the title. Councilmember Taylor moved and Deputy Mayor Wilhite Council Minutes from February 11,2003-Approved on February 25,2003 Page 2 of 6 seconded to advance to second reading Ordinance No. 36 Adopting by Reference Chapter 7.80 Entitled "Adult Entertainment Establishments" of the Spokane County Code. Interim Attorney Schwartz summarized the ordinance noting that it does not regulate zoning. Schwartz said that he will review a proposed amendment to the County code and report back to the Council. Responding to Councilmember Munson's question, Schwartz advised that a moratorium could be imposed on new adult entertainment establishments during this interim period until incorporation. After the incorporation on March 31, 2003, the moratorium could be extended for six months while the City's comprehensive plan is in development, and extended an additional six months if certain criteria are followed. Councilmember Munson moved and Councilmember Denenny seconded to table this motion until the interim staff has had time to review the code. The motion carried unanimously. Penny Lancaster, 14816 East Farwell, said she is pleased that the Council is considering the County's ordinance. Lancaster reminds the Council of the critical nature of the adult entertainment ordinances designed to prevent and control health, safety, welfare issues, and neighborhood conditions around the premises of these establishments. She suggests an amendment to County Code Section 7.8.100 G—Hours of Operation, to include Adult Retail Use Establishments, since they are presently exempt and customers are frequenting these businesses after 2 a.m., often time inebriated. Kim Arrotta, 18318 East River Way,presented some information to the Council regarding pornography bookstores. She said she has attended several City of Spokane council meetings and heard that homeowners near these bookstores are finding adult paraphernalia in their yards. Arrotta encouraged the Council to weigh the revenue from these establishments and the fallout that comes from the cost to human lives. She said that the Council should serve and protect the community, and it is important to remember moral standards as legislation is considered. Tom DeGeare, 2820 South Avalon Road, agrees 100%with the previous comments. The motion to table action on Ordinance No. 36 carried unanimously. Deputy Mayor Wilhite moved and Councilmember Munson seconded that Staff be directed to develop a resolution imposing a moratorium on any new adult entertainment establishments during the interim period before incorporation. The motion carried unanimously. Agenda Bill No. 2003-037, Planning Commission: Interim City Clerk introduced Ordinance No. 35 by reading the title. Councilmember Mike Flanigan moved and Councilmember Munson seconded to advance to second reading Ordinance No. 35 Creating a Planning Commission and Establishing the Duties Thereof. Interim Attorney Schwartz summarized provisions of this ordinance. Councilmember Denenny stated that there was agreement by Council at the study session that we wish to have a broad section of the community represented on this commission. Deputy Mayor Wilhite added that the terms of appointment will be staggered initially, then every three years thereafter. The motion to adopt Ordinance No. 35 carried unanimously. Council Minutes from February 11,2003-Approved on February 25,2003 Page 3 of 6 Agenda Bill No. 2003-039,2003 Interim Budget: Interim City Clerk introduced Ordinance No. 37 by reading the title. Councilmember Munson moved and Deputy Mayor Wilhite seconded that Ordinance No. 37 Adopting a Budget for the Period January 1, 2003 Through March 31, 2003; Appropriation of Funds and Establishing Positions and Salary Schedule be advanced to second reading. Interim Attorney Schwartz summarized the provisions of this ordinance that appropriates funds generally, as required by law and includes a salary schedule for interim staff. Interim Finance Director Noack said the budget presented includes one revision to include Council cellular telephones for contact within the City. Following discussion on the necessity and advisability for this revision, Interim Attorney Schwartz suggested that the budget be adopted because state law does allow for adjustment of small items within funds administratively. He will research this issue and advise staff. Councilmember Munson withdrew his motion to advance Ordinance No. 37 to second reading. Councilmember Flanigan moved and Councilmember Denenny seconded that Council suspend its rules for two readings of this ordinance, advance to second reading and to adopt Ordinance No. 37 Adopting a Budget for the Period January 1, 2003 Through March 31, 2003; Appropriation of Funds and Establishing Positions and Salary Schedule. Councilmember Denenny noted for the record that the $1 million from Spokane County is an advance of the road tax monies that will be transferred to Spokane Valley upon incorporation. The motion carried unanimously. Agenda Bill No. 2003-032,Establish hotel/motel tax: Second reading of Ordinance No. 27 was made by Interim City Clerk. Councilmember Munson moved and Councilmember Denenny seconded to adopt Ordinance No. 27 Levying a Special Excise Tax of Two Percent on the Sale or Charge Made for the Furnishing of Lodging by any Hotel, Motel, Rooming House, Tourist Court, or Trailer Camp; Establishing a Special Fund for the Tax; and Providing for Other Matters Properly Related Thereto. Interim Attorney Schwartz highlighted changes made to the ordinance from first reading that clarify provisions for the Advisory Committee. The motion carried unanimously to adopt Ordinance No. 27. Agenda Bill No. 2003-033 (Adopt County Road Standards): Second reading of Ordinance No. 33 was made by Interim City Clerk. Councilmember Flanigan moved and Councilmember Munson seconded to adopt Ordinance No. 33 Adopting by Reference the Spokane County Standards for Road and Sewer Construction as the Interim Standards for Road and Sewer Construction of the City. Interim City Attorney Schwartz explained the changes to Section 4 that are in accordance with the Council governance manual. The motion carried unanimously to adopt Ordinance No. 33. Agenda Bill No. 2003-035, Adopt Stormwater Guidelines: Second reading of Ordinance No. 32 was made by Interim City Clerk. Councilmember Denenny moved and Councilmember Munson seconded to adopt Ordinance No. 32 Adopting by Reference the Spokane County Guidelines for Stormwater Management as the Interim Guidelines for Stormwater Management of the City. Interim Attorney Schwartz explained that Section 4 of Council Minutes from February 11,2003-Approved on February 25,2003 Page 4 of 6 this ordinance was also changed to be in accordance with Council governance manual. Responding to Councilmember Flanigan's question, Interim Attorney Schwartz said this is an engineering ordinance rather than a control ordinance. Interim Manager Walton added that Interim Public Works Director Dick Warren is meeting with County staff and local builders to address the concerns about restriction on development. Eleanor Anderson, 2805 South Needham, asked who is in charge. Interim Attorney Schwartz answered that services will be the same, but the City would be in charge, with a different level of accountability. Dick Behm, 3626 South Ridgeview Drive, said he worked on the Stormwater Transition Team, and the Council is following their recommendations. Robert McClain, 11931 East Diana Court, asked if this ordinance covers standing water on the pavement. Councilmember Denenny replied it did not, but that the money collected from the Stormwater Utility presently goes for monitoring, inventorying, etc. with no capital projects. The Council will, over time, provide funding for improvements. The motion to adopt Ordinance No. 32 carried unanimously. Agenda Bill No. 2003-040, expressing intent relating to fire service. Councilmember Flanigan moved and Councilmember Denenny seconded that Resolution No. 03-016 be adopted Stating the Intent of the City to Continue to Receive Fire Protection Services From Spokane County Fire Protection District Nos. 1, 8 and 9. Interim Attorney Schwartz said that this resolution gives the fire districts information as to the intent of the City relating to fire services following incorporation. Deputy Mayor Wilhite asked about annexing into three different districts and Schwartz indicated that the resolution doesn't address this question, but he will research this issue. The motion to adopt Resolution 03-016 carried unanimously. Resolution No. 03-017, Support North-South freeway: Interim Manager Walton introduced the resolution that is presented for Council action at the request of the Washington State Department of Transportation (WSDOT). Walton said that information was presented to the Council at the Feb. 4, 2003 study session on this project by WSDOT, who have indicated they would like to have support of the various cities involved along the project route as they prepare to secure funding for the project. Councilmember Munson said that he would like the Council to carefully look at all requests for City endorsements and be selective about what is approved. Councilmember Denenny moved and Councilmember Munson seconded to adopt Resolution No. 03-017 Expressing Support for Ongoing Activities in Connection with a Multi-Modal, Limited Access, North-South Transportation Corridor. Tom DeGeare, 2820 North Avalon, inquired if this support includes financial support. Interim Manager Walton advised that there is no financial support,just a voice of general support for the project. The motion to adopt Resolution No. 03-017 carried unanimously. Council Minutes from February 11,2003-Approved on February 25,2003 Page 5 of 6 New Business: Interim Attorney Schwartz said that he and attorney Cary Driskell recently provided a memorandum to the Council summarizing state land use laws that should help them understand the various ordinances and agreements relating to land use that will be considered in the next 20-30 days. Interim Manager Walton added that land use documents will be a subject for discussion at the February 20, 2003 study session, with action on legislation and public hearings as required scheduled for the March 11, 2003 regular meeting that will be held at the Community Center. Interim Manager Walton said that the County Commissioners are interested in scheduling the next joint meeting, possibly for a breakfast meeting. Interim Finance Director Noack again thanked the Finance Committee for the careful scrutiny of the interim budget as it was prepared. The next focus for Finance will be to start development of the budget for April 1 through December 31, 2003. New Business: Councilmember Schimmels requested legal comments relating to the County decision on the Spokane Rock Products project. Councilmembers concurred that the interim city attorney review and investigate all permits issued or to be issued on this project that may impact Spokane Valley, and report back to the Council. Public Comment: Tony Lazanis, 10625 East Trent, said that there is concern about the road for this project that may not be in compliance with road standards and noise in the summertime. He requested the Council to take steps to assure protection for the neighborhood. Interim Attorney Schwartz explained that projects have vested rights under the laws in existence as of the date they file a complete application, but any future permits are subject to laws that then apply. Adjournment: There being no further business, Councilmember Flanigan moved and Councilmember Taylor seconded that the meeting adjourn. The motion carried unanimously. The meeting adjourned at 7:40 p.m. ATTEST: APPROVED: ciszt Interim City Clerk Mayor Michael DeVlemi g kb Council Minutes from February 11,2003-Approved on February 25,2003 Page 6 of 6