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2014, 10-28 Formal Meeting MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, October 28, 2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff: Dean Grafos, Mayor Mike Jackson City Manager Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager Bill Bates, Councilmember Cary Driskell, City Attorney Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney Rod Higgins, Councilmember Eric Guth, Public Works Director Ed Pace, Councilmember John Hohman, Community Development Dir. Ben Wick, Councilmember Mike Stone, Parks & Recreation Director Morgan Koudelka, Sr. Administrative Analyst Christina Janssen, Planner Martin Palaniuk, Planner Rick VanLeuven, Police Chief Chris Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Cub Scout Troop 423 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD,LIAISON SUMMARY REPORTS: Councilmember Bates: no report. Councilmember Wick: reported that the Tourism Promotion Agency held a meeting which included presentations from the Sports Commission and Visit Spokane, that Committee members voted to recommend to the Board of County Commissioners that funds be split with 51% of the funding allocated to Visit Spokane, and 49%to the Sports Commission, he said there were reserves in the fund prior to that suggested split so the committee determined to open funding opportunities next month for other agencies; said our City's Lodging Tax Advisory Committee met yesterday, came up with some recommendations and that this will be coming to a Council meeting soon. Deputy Mayor Woodard: said he attended several Chamber of Commerce meetings including one introducing their new President and CEO Katherine Morgan; he also noted the Chamber is working on a new logo. Councilmember Higgins: reported that he attended the SWAC (Solid Waste Advisory Committee) meeting and said the County continues working on their Plan, and that when our solid waste plan is completed, it will be a part of the County's Plan. Councilmember Pace: said he attended the Central Valley School District's community connection events, which brings community leaders and "school folks" together; attended the Chamber of Commerce breakfast; participated in the STA (Spokane Transit Authority) Board meeting where they considered whether to spend $1.8 million on preliminary engineer work for STA's "Moving Forward" plan, which Minutes Regular Council Meeting 10-28-2014 Page 1 of 11 Approved by Council: 11-17-2014 funds had been set aside previously, and said they decided to delay that decision until November in order to gather more economic forecast data. Councilmember Hafner: reported that he attended the Visit Spokane Board meeting where they heard a report from STA concerning their ten year plan entitled "Moving Forward" and said the STA is making that presentation to various organizations; mentioned the City of Spokane's park board bond issue; participated in the STA plaza discussion with some organizations indicating they want the plaza moved, although extensive studies show it should stay in its current location; participated in the Health Board Executive Session to determine the agenda items for the next board meeting, and said the Ebola issue was discussed and that there has only been one lab confirmed case in the U.S. although others are being tested; went to a SCOPE Meeting; the Board of Health Governance Committee meeting discussed how their board operates; attended the STA Board Meeting; said he heard a good legislative AWC (Association of Washington Cities) update on the state transportation element and thinks this legislative session will bring very little dollars to cities. MAYOR'S REPORT: Mayor Grafos reported that he met the new CEO of the Rockwood Group and said they are working to bring top quality sports medicine to Spokane Valley; went to the AWC Regional meeting where they discussed how we can be more pro-active with state officials concerning the legislative agenda. PUBLIC COMMENTS: Mayor Grafos invited public comments. Mr. Mike King spoke concerning the County's Sewage system and said he would like to see how the sewage goes in the River and how it is taken out; spoke about the drainage at Shelley Lake and what happens in the Barker Area; said if the water were pumped out to the Saltese, it would have to go down the Old Milwaukee right-of-way, which is quickly becoming a trail. Mr. Dan Allison: said he thinks the Mayor should flip the agenda and make item #12 first since there are so many people here for that agenda item. 1. PUBLIC HEARING: Proposed 2014 Budget Amendment—Mark Calhoun Mayor Grafos opened the public hearing at 6:16 p.m. After Deputy City Manager Calhoun explained the proposed amendments, Mayor Grafos invited public comment. No comments were offered and Mayor Grafos closed the public hearing at 6:26 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a. Approval of claim vouchers on Oct 28, 2014 Request for Council Action Form Totaling: $961,404.77 b. Approval of Payroll for Pay Period Ending October 15, 2014: $307,355.63 c. Approval of October 14,2014 Formal Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Second Reading Proposed Property Tax Ordinance#14-011 —Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 14-011 levying regular property taxes for 2015. Deputy City Manager Calhoun explained that this ordinance establishes a property tax levy and does not include the 1% increase allowed by state law, so other than revenue from new construction, he said there will be no change in the property tax from the previous year. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Minutes Regular Council Meeting 10-28-2014 Page 2 of 11 Approved by Council: 11-17-2014 4. First Reading Proposed Ordinance#14-012 Terminating Sunshine Disposal Franchise—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-012 terminating the City's solid waste collection franchise with Sunshine Disposal, Inc., to a second reading. Deputy City Attorney Lamb explained the process and regulations concerning contracting with solid waste collection companies and of the upcoming new contracts. He mentioned that the effective date of this ordinance will be November 17 to eliminate any gap or overlap. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 5. First Reading Proposed Ordinance#14-013 Terminating Waste Management Franchise—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance proposed Ordinance 14-013 terminating the City's solid waste collection franchise with Waste Management of Washington, Inc., to a second reading As with the previous agenda item, Deputy City Attorney Lamb explained the process and regulations concerning contracting with solid waste collection companies and of the upcoming new contracts. He mentioned that the effective date of this ordinance would be November 17 to eliminate any gap or overlap. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 6. First Reading Proposed Ordinance#14-014,Amending 2014 Budget—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-014 amending the 2014 budget, to a second reading. Mr. Calhoun explained that this is the companion item to tonight's public hearing. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 7. First Reading Proposed Ordinance#14-015 Adopting 2015 Budget—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-015 adopting the 2015 budget, to a second reading. Mr. Calhoun highlighted some of the main points of the ordinance. Mayor Grafos invited public comment and no comments were offered. Councilmember Wick said he realizes the $949,000 for the CAD (computer aided dispatch) System is a contracted service, but would prefer more discussion before those funds are actually spent. Mr. Jackson said that tonight's action merely moves the budget forward to approve the appropriation, but there will be multiple discussions about the details, and that this item would be brought to Council for final approval consideration before any funds are actually spent. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 8. First Reading Proposed Ordinance #14-016 Code Amendment, Appendix A Definitions — Christina Janssen After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-016 to a second reading. Planner Janssen explained that this ordinance proposes adding the word "indoor" to the definition of"gun ranges." Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 9. First Reading Proposed Ordinance#14-017 Code Amendment,Title 19—Christina Janssen After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-017, amending Title 19, Spokane Valley Municipal Code, to a second reading. Planner Janssen explained the proposed changes and background prompting this amendment, which include eliminating the screening requirements for utilities, eliminating the shared access requirement for new development, lessening the requirements for outdoor storage concerning location, Minutes Regular Council Meeting 10-28-2014 Page 3 of 11 Approved by Council: 11-17-2014 fencing and landscaping; updating outdoor display requirements; adding a provision for display items to be located out of required border easements; adding vehicle repair as a permitted use in the Corridor Mixed Use and Community Commercial zones; allowing outdoor storage as a permitted use in the Community Commercial zone; and conditionally allowing medicaUdental clinics in the MF-1 and MF-2 zones. Mayor Grafos invited public comment. Mr. Mike King, said that regarding the conditional permitted use for medical and dental, that originally the change was to make it easier for community professionals to put their practice closer to the community, and when previously passed by Council last year, medical and dental were included, but he said that was changed along the way by staff when they built the code matrix and left the medical/dental off; he said he pointed that out to Council at that time and it then went to the Planning Commission and back to Council; he said staff made a clerical mistake;that the goal was to make it easier for professionals to serve the community and not to create some large commercial structure; and that it was conditioned on being on arterials and not residential streets; he asked that the use be granted but not include the conditions, and that the matrix should show it as permitted as originally intended. Mr. Kelly Konkright, said that a year ago the City took a good step forward in being competitive with neighbors,to open areas where professionals could go; and he asked Council to consider not imposing the restriction in the high density residential zones, but to allow medical to locate to the same extent other professionals can; said he is aware of the concern about availability of land for multi-family housing, but said he doesn't see a reason to treat medical different from other office professionals; he said that the use for medical office is consistent for what is currently allowed, but placing the restriction will prevent a significant amount of land currently zoned as MF but can't be developed as such; he said we will see very little medical use in these new zones due to the restricted size and thinks this won't get the City where it wants to be; he said that medical health care is an area of economic activity which is very vibrant in our community, and we would be well served by making our city competitive with surrounding municipalities like Spokane and Liberty Lake which allow those uses quite freely in those zones; said he realizes the concern for multifamily, and perhaps Council could limit the restriction to land that is not on an arterial street and/or limit it to the larger parcels; he said we won't get the multi-family housing on the small parcels anyway. There were no further public comments. After brief discussion about the concerns mentioned above, including whether any change would necessitate this being sent back to the Planning Commission, Community Development Director Hohman said that about a year ago, items were consolidated in the use matrix with some categories consolidated into one use; there were some allowances for permitting these in different areas, and it did include the professional uses to be in the multi-family zones, but medical and dental did not get carried over to that, which is the purpose of tonight's amendment. Mr. Hohman said that the Planning Commission had extensive discussions about this as well as the MF-2 zones during the annual comprehensive plan amendments this year. Mr. Hohman said this was not a clerical error or oversight but more of a concern trying to maintain uses, and the highest and best use for this zone is multi-family not office; he said there are plenty office uses throughout the City; however, during the development of that issue, if was felt these would be problematic so this was brought forward as an administrative report; he recommended Council consider looking forward to modify the condition, perhaps use that arterial reference instead of the 110% of lot coverage; he said he feels this would be a minor change and not necessitate sending this back to the Planning Commission; but if it were changed as a permitted use, he feels it would need to go back to the Planning Commission. City Attorney Driskell concurred. There was Council consensus to incorporate that change for the second reading. Vote by acclamation on the motion to forward to a second reading: In Favor: Unanimous. Opposed:None. Motion carried. 10. First Reading Proposed Ordinance#14-018 Code Amendment, Title 22 -Christina Janssen After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-018 to a second reading. Planner Janssen explained that this Minutes Regular Council Meeting 10-28-2014 Page 4 of 11 Approved by Council: 11-17-2014 amendment is intended to update the language in the code for consistency with other part of the code, and to lessen the requirements for required parking stalls, loading areas, and bicycle parking, and to add a director modification provision in the section dealing with vehicle parking. Councilmembers Bates and Pace questioned some of the aspects of as well as the requirement for bike racks. Mr. Hohman explained that these requirements are in the existing code and these amendments represent a significant reduction in those requirements; and that any further change would require a comprehensive plan amendment; he said there will be ample opportunities to examine this in the coming months, and he recommends keeping this as proposed; and again stressed that this is a way to ease up on those requirements, adding that small businesses are exempt from this regulation. Mayor Grafos agreed to move forward and stated that this is a huge reduction from what it was. There were no other Council objections. Mayor Grafos invited public comment; no comments were offered. Vote by acclamation on the motion to forward to a second reading: In Favor: Unanimous. Opposed:None. Motion carried. 11.First Reading Proposed Ordinance#14-019 Code Amendment, Manufactured Homes—Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 14-019 to a second reading. As noted on his PowerPoint, Planner Palaniuk explained the proposed changes concerning a new manufactured home park, or when redeveloping an existing manufactured home park, which include increasing the allowed density for the number of homes from seven to twelve, establishing minimum space requirements, establishing a 10% open space requirement for new parks, eliminating space coverage and minimum space width requirements, placing setback information in a table, and revising the setbacks to be consistent with the fire and building code requirements. Mayor Grafos invited public comment. Mr. Wes Crosby, as noted in his materials the Clerk distributed to Council, stated that he has a problem with the setbacks and how it would affect parking and garages; he noted if someone wants a double carport, more parking would be required, and he noted that with manufactured homes, sometimes a carport is the same thing as a patio; he said the pad on the garage floor is only 10' and not too many cars would fit in that, and said it would be a large imposition to develop a park with that kind of a setback; he suggested the setback be equal to the manufactured home setback. Ms. Amelia Odeon, of Walla Walla, said she represents the Association of Manufactured Home Owners, and asked if this proposal is just for MF1 and 2 zones. Mr. Palaniuk explained that it is for density changes for the zones in which it is permitted. Ms. Odeon said that the change appears to be well thought-out, but she asked how this change would help preserve affordable housing as the owners still have no long term security and some would be forced to live closer together than they currently are, and she asked Council to examine the long term strategies. Councilmember Wick asked that if Council wanted to make a change to give more notice of relocation assistance, where would that fit in the regulations. Mr. Jackson said that would be independent of tonight's ordinance. There was brief discussion about the density and making it more economically feasible; and that having an allowed density of twelve doesn't mean there must be twelve homes; and Deputy Mayor Woodard said he would like to see a change for the second reading to have the same setbacks as the manufactured home itself. Mayor Grafos asked if this were to advance tonight, could staff make modifications on the garage setback. Mr. Hohman said staff hasn't had a chance to examine that information, but could look into that and for the second reading, bring this back with modifications, or if Council preferred,this matter could be brought back as an administrative report. Mayor Grafos suggested moving this forward and bringing the noted modifications back for the second reading. There were no objections from Council. Vote by acclamation on the motion to advance the ordinance to a second reading: In Favor: Unanimous. Opposed: None. Motion carried. Mayor Grafos called for a recess at 7:36 p.m.; he reconvened the meeting at 7:48 p.m. Minutes Regular Council Meeting 10-28-2014 Page 5 of I 1 Approved by Council: 11-17-2014 12. Motion Consideration: Determine Option for Draft Ordinance for Commercial Vehicles in Residential Areas-Cary Driskell City Attorney Driskell said that tonight is an opportunity to discuss the options for vehicle parking in the public rights-of-way in residential zones; and that after several past discussions, this was narrowed down to the two options noted in his Request for Council Action form; that of(1) "Option Two" to prohibit any tractor, commercial trailer over 27' or combination, from parking on the public rights-of-way in residentially-zones areas for more than 24 consecutive hours; and(2) "Option Four A" to prohibit parking of any tractors or any vehicle over 22' or over 15,000 gross vehicle weight, from parking on the public rights-of-way in residential zones, but that it would exempt motorhomes, RV's, boats, personal transportation vehicles, emergency vehicles, construction vehicles, moving vehicles, and trailers where the use is predominantly for personal non-business purposes. It was then moved by Councilmember Hafner and seconded, to authorize staff to draft option 4A into a draft ordinance for further discussion. Mayor Grafos invited public comment. 1. Bill Gothmann, spoke in opposition to an ordinance; read his prepared letter, which stated that these regulations would make it impossible for him and many seniors to park their RV on their own property, and would prevent his family members while visiting Mr. Gothmann, from parking their RV in front of Mr. Gothmann's property. He also noted that his neighbor drives a diesel truck and that he has no problem with the truck noise or fumes, but rather recognizes that his truck-driver neighbor is working to putting food on his table. 2. Mary Nickerson, spoke in opposition to an ordinance; said they own a small trucking company and several trucks; that the trucking industry is already heavily regulated and taxed; said she doesn't want additional ordinances based on a few complaints; that they should be able to park their truck in front of their own property. 3. Jim Fallis, spoke in opposition to an ordinance; said people moved here to have a nice big lot and they should be able to do what they want on their own property, including parking an 18-wheeler on their property; said truck drivers need to be able to drive their trucks home as a means of keeping the contents secure. 4. Peggy Minnugh, spoke in opposition to an ordinance; said many truck drivers couldn't be here tonight because they work; said an ordinance would be unfair not to permit people who work for a living to park their truck in front of their house; said there aren't a lot of secure places to take a truck and this doesn't seem right to make regulations because a few people complain. 5. Philip Mead, spoke in opposition to an ordinance; said truck drivers have to plug in their trucks during the winter; said he appreciated his neighbors telling him about tonight's meeting; he doesn't get much time at home and having a 24-hour restriction would mean he'd have to leave early; said his neighbors don't mind and he should be allowed to stay. 6. Susan Pate, spoke in opposition to an ordinance; said a lot of these truck drivers are their own mechanics and if they park elsewhere, she questioned how they would work on their trucks. 7. Debra Berg, spoke in opposition to an ordinance; said her neighbor parks his truck in his own driveway in back of his house and leaves early in the morning, and that she doesn't hear him; and said she doesn't understand how someone a block away could complain and cause such conflict; said these are hard working men who pay taxes and we should be thankful they have a job. 8. Win Flannigan, spoke in opposition to an ordinance; said Council has a lot better things to do than this; if a neighbor has a problem he suggested it be handled by the Sheriffs Office; said they don't need any more laws and he wants to do whatever he wants to on his own property; that if Council continues to Minutes Regular Council Meeting 10-28-2014 Page 6 of 11 Approved by Council: 11-17-2014 make rules about this then that would be a problem; if neighbors are having a problem, he said the police should be called. 9. Scott Shriver, spoke in opposition to an ordinance; questioned how many complaints have been issued about this; said he heard there was only one complaint; he asked if this issue is because of safety or because of complaints; he asked about the safety record and asked if anyone had been hurt. 10. Wes Crosby, spoke in opposition to an ordinance; said he has a trailer which is parked someplace that is okay at the moment; said he has sold a lot of RV's and developed for the last fitly years; that these people with trucks or RVs came here because we didn't have rules; and if they wanted rules they would have moved to Spokane. 11. Robin Olson, spoke in favor of an ordinance; said he realizes this is a difficult issue; but the concept that it is your property you can do anything you want is incorrect; said if you own a house you have an obligation to your neighbors to keep your property in a condition that doesn't devalue the property and you cannot just do whatever you want; said parked trucks are dangerous and he suggested Council not wait until a child gets killed on a bike; also if you are backing out onto the street, he said you can't see the street because the trucks blocks the view so that is an accident waiting to happen. He suggested for option 4A to re-define a semi-truck, and to take out the 27'. 12. Bonnie Crisman, spoke in opposition to an ordinance; said a 24-hour limit won't work; said they need the truck in the yard for several reasons; that the refrigerator would need to be cleaned and everything adjusted; said she is against option 4A; asked if this is based on two complaints or if the complaining persons are older people and paying a reduced property tax; and said she pays a full property tax and she asked Council to reconsider. 13. Robert Ashley, spoke in opposition to an ordinance; referenced an earlier e-mail he sent Council; said he has a commercial driver's license and as part of that had to take 120 hours of classroom training; they stress pre and post trip to make sure there are no obstacles; said he has a granddaughter who plays in the neighborhood and he is very cautious about traffic on the residential streets; he rhetorically asked what does it matter if the diesel is from a big truck or a pick-up truck; and said his pick-up truck is louder than his big truck. 14. Dixie Eggleston, spoke in favor of an ordinance; said she said she lives up the street from Albertson's; she said a truck driver doesn't have to live on the block where the truck is parked; there are some people who live in restricted areas and park on her street; said there are elderly people in her neighborhood who expected the value of their home to increase over the years and who want to keep the value of their home and don't want the home to be devalued because there is an 18-wheeler parked in their area; said people shouldn't buy something if they can't afford it or can't take care of it so it doesn't infringe on the rights of others. 15. Delberta Schmidt, spoke in favor of an ordinance; said she hears the truck go down the street and she thanked the Mayor for his understanding about the noise and pollution factor of trucks in the neighborhood; said people can't see around them; and those who park their trucks in neighborhood are running a business but they live in a single family residential area; said businesses should not be allowed ; and said if Liberty Lake, Millwood and Spokane don't allow trucks in residential areas, we shouldn't either. 16. Mark Mangrallea, spoke in opposition to an ordinance; said he lives next door to a person who owns a truck and doesn't know what the big deal is; said they don't smell bad, are nice and clean and he didn't even know trucks were there when they first moved in; said this is ridiculous; said they are respectful and honest, hardworking people and we should let them have their profession. Minutes Regular Council Meeting 10-28-2014 Page 7 of 1 Approved by Council: 11-17-2014 17. Ty Broyles, spoke in opposition to an ordinance; said he has lived across the street from two trucks for seventeen years and they don't bother him; they are clean,they take care of their vehicle and home and support their family; said he drives a commercial vehicle as do people who work for utility companies, and they all take their trucks home at night; and if you limit that it will cut down response times from them in event of an emergency. 18. Marilyn Cline, spoke in favor of an ordinance; thanked the Mayor for the proposed option 4A; said many people believe that is the way it should be but some people are afraid or intimidated to come speak and express feelings; she said the noise, smell and vibration are terrible; she purchased her home as residential but now it is commercial and dangerous; asked why we can't get rid of those trucks as other municipalities have done; said they are not safe and she then read some information published from the EPA (Environmental Protection Agency) concerning diesel pollution; said this is a serious situation and people will be moving out of this area. 19. Blair Ashley, spoke in opposition to an ordinance; said he has a diesel truck;that this is not Millwood or Liberty Lake, and he has lived here for seventeen years. 20. Ray Ward, spoke in favor of an ordinance; thanked the Mayor for placing this on the agenda; said there is overwhelming scientific evidence that diesel causes cancer; said Spokane Valley has air stagnation and inversion problems and it should be obvious allowing these vehicles will only accelerate the problem; said the noise and smoke wake you up and prevent people from sleeping with the windows open; that we need to restrict vehicles; having trucks creates a hardship to sell the home with multiple semis parking close by; said it is an obnoxious hindrance. 21. Nick Canverdern, spoken in favor of an ordinance; said he was asked to speak for several neighbors; that there is a parked truck in front of a neighbor's home where the owner is selling her home, and just dropped the home price $25,000; said a semi-truck and trailer are ruining the neighborhood; that the neighbor asked the trucker not to park in front of her home while it is up for sale, and he agreed, so they realize it is damaging; said Council needs to pass an ordinance to protect all the neighbors equally; said a time Limit would serve no purpose; asked why we don't authorize SCOPE to issue citations; said if you make a law,the majority of people will follow it. 22. Charles Roach, spoke in opposition to an ordinance; said he is frustrated Councii is trying to have an ordinance solve a neighborhood dispute; said diesel fumes don't go into the air they go into the ground; said his Dodge diesel truck makes more noise than a semi; said studded tires are the biggest problem as they wrecked the highway; said this is a neighborhood squabble and Council is trying to settle it with a stupid ordinance. 23. Jo Dickinson, spoke in favor of an ordinance; said this is more than just one neighborhood's complaint; said the neighborhoods don't have sidewalks and trucks parked on the street are a tremendous safety hazard; that if she wanted to have a home business there are stringent rules about signs, business types and how it would impact the neighborhood; she spoke of safety, property values, and said she would like to see this City follow what other cities have done to outlaw parking on residential streets. 24. Gene Strunk, said Council has to decide between equal number of citizens telling their heartfelt feelings; said maybe Council needs to vote on this based on principles not perception; that he heard a lot of things today from both sides based on self-interest; said the value of the home concern is based on greed; and people talking about kids' safety doesn't compare with the concern that should be about the teenagers who don't have a place to sleep or enough to eat; and he suggested tabling the issue and starting over. Minutes Regular Council Meeting 10-28-2014 Page 8 of 11 Approved by Council: 11-17-2014 At 8:56 p.m., it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to extend the meeting for forty-five minutes. 25. Cindy Hallet, spoke in favor of an ordinance; said this is a zoning issue; that there are no sidewalks; said Council has to protect the neighborhoods;that the truck that parks on McDonald is a block and a half away from a public school and that truck is an attractive nuisance; said she is very hard of hearing but knows then that truck leaves as the windows in her home vibrate. 26. Rodney Humphrey, spoke in opposition to an ordinance; said there is a truck parked a block from a convenience store and a half block from University Elementary, but that the truck goes around the block and pulls up to the curb next to a vacant building and doesn't block mailboxes; said he is far enough away from the sidewalk and there is no danger to kids in that area; said his own home windows rattle when a motorcycle revs through the intersection; and he wondered what issue Council would chase after next. There were no further comments. City Attorney Driskell said that the motion is for a draft ordinance for further discussion purposes; and that the next step depends on the outcome of that motion. Councilmember Pace said he doesn't want a big vehicle of any type parked across the street from his house, but that doesn't mean there should be a law prohibiting that; said he spoke with a group of about sixty people, and about 95% of those said we need fewer laws not more; said we don't have to be like other cities; and said he cannot support anything that restricts property rights and therefore cannot support either option. Councilmember Higgins moved to amend the motion on the floor to read that we take no further action on the issue before us. It was determined that since there is a motion on the floor, that new motion is not appropriate. Councilmember Wick said if the issue is the diesel fumes, or clear-view triangles perhaps that should be discussed; but said he doesn't want to ban such things as loading or unloading; said it would be difficult to make that 24- hour mark; that he doesn't like option 4A nor does he like the thought of telling people what they can't do on their own property; said he feels 4A is too restrictive. Deputy Mayor Woodard said he too has concerns with personal property rights, with the right to peaceful enjoyment and of earning a living; said he drove around the City over the Last three weeks and saw many semi-truck vehicles that had set ups like fences and shops; he rhetorically asked how big the problem is and whether we are business friendly or not; said we are not like other cities and it is not against the law to have a home business or to take your commuter vehicle home; that we don't want the police or SCOPE out in the neighborhoods measuring vehicles or creating an adversarial atmosphere in the City. Councilmember Higgins said we offer a unique lifestyle of semi-rural and relaxed and we are business friendly, but it appears we are attempting to take an action with repercussions far beyond the semi-trucks; and said he can't support the motion. Mayor Grafos said this is a way of having a business in the neighborhoods and that we are talking about safety and children; and that there are a lot of home businesses that you can't have in a neighborhood; and about 98% of them deal with freight; said if a truck is parked at the home then basically that is the business address; said there are existing rules on home occupations and that properties should retain a residential appearance and character, and that an 80,000 pound truck in front of a house is not keeping with that character. Mayor Grafos also suggested changing the semi-trailer definition so it is not in conflict with the 22' clause; said that Council's primary responsibility is to protect the health, safety and welfare of the majority of the residents. At 9:40 p.m., it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to extend the meeting to 10:30 p.m. Minutes Regular Council Meeting 10-28-2014 Page 9 of 11 Approved by Council: 11-17-2014 Councilmember Bates said semis don't belong in the neighborhoods and residential means residential; that it is not just a safety issue but deals with preserving the neighborhoods of this City, that there are a lot of hard working people and most are parked on the side of the house or driveway but a semi has no place in a residential neighborhood. Vote by acclamation on the motion to authorize staff to draft option 4A into a draft ordinance for further discussion: In Favor: Mayor Grafos, and Councilmembers Hafner and Bates. Opposed: Deputy Mayor Woodard, and Councilmembers Wick, Higgins and Pace. Motion failed. It was then moved by Councilmember Higgins and seconded to take no further action on the issue before us. Vote by Acclamation: In Favor: Deputy Mayor Woodard, and Councilmembers Wick, Higgins and Pace. Opposed: Mayor Grafos and Councilmembers Hafner and Bates. Motion passed. Mayor Grafos called for a short recess at 9:45 p.m.,and reconvened the meeting at 9:54 p.m. PUBLIC COMMENTS: Mayor Grafos invited public comments. Mr. Rodney Humphrey, said he is a victim of robbers, thieves, and terrorists, and has been victimized three times by those people; said officers said they wouldn't come into his home; that a burglar broke the window of his basement, came into his home and filtered through his drawers and that he called Crime Check and followed up by going to the SCOPE station, which is four houses from him, and said the person at SCOPE said they were just there to answer phones and didn't know anything; said the place is a joke; that he appreciated Mr. Jackson taking the time to see a citizen and he admires Council for what they do, but they need to set up a webpage like the one for sex crimes to let people see pictures of who these criminals are and where they live. ADMINISTRATIVE REPORTS: 13. Annual Comprehensive Plan Amendment Process—John Hohman Community Development Director Hohman gave a brief update on the comprehensive plan amendment process for the 2015 comp plan docket; said the City is not bringing forward any amendments at this point; that staff will be working on the legislative update shortly; but for the 2015 docket, they have one land use designation change and expect one more proposed change next week and that both of those will be on the docket for Council's review. 14. Solid Waste Collection Services Contracts—Erik Lamb, Morgan Koudelka Deputy City Attorney Lamb said we are in the process of terminating the solid waste collection franchises and entering into contracts to replace those existing franchises; said this is related to collection or curbside pickup only and does not relate to the transfer station, disposal or Sunshine's earlier contract. Mr. Lamb also acknowledged Consultant Jeff Brown, with Epicenter Services, LLC. Mr. Brown said the original 2008 franchises were designed to address the seven years state law requirement for expiring certificates; and that term that deals with measurable damages, which deals with anything the hauler can bring forward that states they have some issues with cancelling franchises; said the industry standard is to give three years to expire those measurable damages, instead of paying cash to fulfill that requirement; said the three years is something generally negotiated, and accepted within the industry, and that both haulers have accepted that; and the new contract fully and explicitly expires all previous rights and will end early 2018; he said that once those contracts are approved and fulfilled, we will have full authority of services. Mr. Lamb said we will have control over the rates, and that the existing franchise rates are administered through the Washington Utilities Commission; said rates will go into effect November 17 and everything will be identical as it is now; and he noted the effective date of November 17 will be the same date as the termination of the franchises. 15. Legislative Agenda—Mike Jackson City Manager Jackson explained that Council has seen this draft Legislative Agenda on a few occasions, and that next week it will be before Council for approval and that he will include the AWC (Association Minutes Regular Council Meeting 10-28-2014 Page 10 of 11 Approved by Council: 11-17-2014 of Washington Cities) Legislative agenda in next week's packet. Mr. Jackson went over the legislative issues; said we are aware the State has budgetary constraints which will likely make it difficult for them to give up any revenues; said we are still seeking the ability to recoup additional code enforcement costs and think if the State is willing to proceed with lien authority, that perhaps a statement could be included with the County's property tax statements. Concerning marijuana, Mr. Jackson said we would propose to not have the medical marijuana and a potential way to reconcile is to have one form of marijuana which could be purchased at one location. The subject of marijuana vaping lounges was brought up and Mr. Jackson said he will try to add draft language concerning that for next week's discussion; and to perhaps include general issues like minors in possession. Councilmember Pace suggested having our own ordinance for marijuana and vaping and Mr. Driskell added that there are some things we cannot do because they would be in conflict with state laws, but we need to look at issues that are local and/or have state-wide solutions. Mayor Grafos suggested we leave the issues alone for a while before trying to pass our own ordinance. Mr. Jackson noted the rail recommendations; and said he feels the focus of the last meeting concerning rail was primarily about emergency response; he said the next meeting is in December in Olympia. Mr. Jackson said that even though we don't use public works trust funds, we could still support it as we might want to use that someday; and said that although we have not taken the 1% permitted property tax increase in the last six years, other municipalities have that and that the revenue deals with increasing the property tax cap from 1%. Councilmember Wick asked about the Public Facilities District (PFD), and Mr. Jackson said they had a discussion and continue working with the PFD to see if we could get some funds for CenterPlace, but suggested the timing might not be best now, although he could discuss it with our lobbyist Briahna Taylor to seek a change in the law to allow direct representatives for cities of a certain size. 16. Advance Agenda Mayor Grafos asked that or a future meeting, staff look at our regulations and rules on home occupations and come up with an ordinance to restrict from residential neighborhoods, freight forwarding businesses or heavy hauling businesses in residential neighborhoods, to include any vehicles with gross vehicle weight over 15,000 as they are running a business. Mr. Jackson said staff will investigate current code so we understand if we are fully utilizing the code that we have. INFORMATION ONLY The (17) Department Reports, and the (18) City Hall Lease Amendment were for information only and were not reported or discussed. CITY MANAGER COMMENTS There were no further comments from Mr. Jackson It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 10:30 p.m. ATTES . eGrafos,Mayor Christine Bainbridge, City Clerk L'iler------ Minutes Regular Council Meeting 10-28-2014 Page 11 of 11 Approved by Council: 11-17-2014 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING October 28, 2014 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ABOUT I/ 614 clavele v/ 41 -Fr 5617/C1)1 6106e/if-Tat "07Please note that once information is entered on this form, it becomes a public record subject to public disclosure. From: Wes Crosby wes.cresby@ccmcast.net Subject: Park Date: October 28,2014 at 5:14 PM Tc: Wes Crosby;ves.crosby@ccmcast.net 1 • V:R" ;iimiiir Oft% t Ill ''''''.1 '- 44' ....,. -''. ir: : j -Ivo! - ' i 4ft lft.,„alli , 1 ti U. k. yk Y .,-- Arc* ..\ ', a • iii. .. .....,..:, ... ., ,, 4_,,, ,,4 : > - Vii= s tY- r From: Wes Crosby wes.crosby@�comcast.net Subject: Park Date: October 28,2014 at 5:17 PM To: Wes Crosby wres.crosby@corncast.net • '. R moi. v . tet. 1. 4. , • ”,.......t.,.... , , - M. - „ - .41.14diw •fit, .--4 rr. i(J' n ti-,,,,..:'.."1,1.I �'4� '4c,tfid' i' .. -. t ' V alkWRI Ile WIIII L" r• •. •r -.— • • .. • ,D�.:SE0 et .. . _..ate _ . ..a: i a • /i[�"• 4.4i.:::.4!,,.:..1... LfF� `5 65' ' oI 1tVG UR 3.5 • �r- 140.1 ( '. -= 1 Of,{ ; n S•0i _ . SRP' ZoNe0 014 Z Z.,„, , 0 , : cI 011.04-1. 1:ii., ..,____- . ....„..„_:_______ 1,„...,,c3). . ® v. ,4 7Z- 7D 07 I " • / --'7 I S� _ — . �:-- - _ — _ Vii— _ ._ � - __ -�- — _ — -- - _ t V ' t�4 Al , REQ RSR° n — --7 irr.77:7—riti!-- 4 jr:--':---:-T-—— 17rre-- -7,-- -cigi---- - - 1- — 119' - : . .- 4"8 f - .' .. ..:.-L-,-.1- , L' t_ k1_h•.1 . 1 ij ice e , 1 �D 4-1---. fit? ''� �8 q'J G , : ' _ 114!,, ,,\-5 ... : .: U 3 3rjz r t ,' -, r 2' i g,+rcu Q ZON AC QHSqtr UR 'Z 2 , . 1. �o �,o� _ 2 5 90 " t � ti it iv I Ng LL. 0TH z is Sod, 1'5g4 7,___?__ ..,, o Mr. Mayor, Deputy Mayor, and Councilmembers: After a very fulfilling career in both electronics and higher education, I retired in 1999. One of my goals was to do more camping in our RV, and we have done so. We leisurely pull out our RV, sanitize the water(2-4 hours),turn on the refrigerator(takes about 4 hours to cool) and,over a period of two days, pack for the trip. After the trip,we pull the RV onto our property and spend some time draining water, unloading,and cleaning the RV—maybe a day or two. We then park it on our property. Proposals I have heard made by this council will make this impossible to do for many seniors. First, they would be required to pay RV Storage firms in order to park their RV. Second,even if they paid an RV Storage firm,they will not be able to park in front of their own house to prepare for a trip or to unload after a trip. Please allow me and my fellow seniors to enjoy their camping experiences by parking, readying their RV, enjoying their camping experience,and unloading and parking the RV in front of their own property when they return. Allow us to choose our own way of life in the years we have left. About every other year, my nephew, Eric,and his family go RV-ing out west from their home in the State of Maine, arriving at our house for part of their stay. They park their RV in front of our house with its 135 ft.frontage for about a week. While here, he and their family spend their money enjoyingthe sights and amenities of Spokane and Spokane Valley. One of their favorites is Hu Hot next door. Is this an economic impact the Council wishes to encourage? I am sure that many of my fellow retirees enjoy their seldom-seen families in this same manner, bringing economic impact to our area. Under the second proposal,visitors would be prohibited from parking their RVs in front of their host's house,thus discouraging the visit itself. Please encourage visitors to visit,encourage them to spend their money within our City,and allow us seniors to enjoy our family visitors from across the US in the years we have left. I have heard that some do not like the appearance of an RV. This perception is wholly within the eye of the beholder. Many of these RVs are nicer and more modern than the houses in front of which they park. Which is more esthetically pleasing—a sleek,well painted,aerodynamic RV or a house with its angles, nooks, and crannies? Finally, permit me a comment on truck parking. For years, our neighbor has fired up his diesel truck not more than 40 feet from our bedroom window at about 5AM. We usually sleep through it but,when we do wake, we smile and say to ourselves, "Matt is off to work." We appreciate his dedication to putting food on his table for his family and recognize that he is part of our neighborhood family. Just as I may do things that that he may not, he lives his life differently from mine. That is what a neighborhood is—a collection of people with different goals and habits. We need to appreciate and encourage job creation and uplift the hard workers within our diverse community. Bill Gothmann 10010 E. 48th.Ave. Spokane Valley,WA 99206 Oct. 28, 2014