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2009, 05-26 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, May 26,2009 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 160th meeting. Attendance: City Staff: Rich Munson,Mayor Mike Jackson,Deputy City Manager Dick Denenny,Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson,Finance Director Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Gary Schimmels, Councilmember Neil Kersten,Public Works Director Steve Taylor, Councilmember Mike Stone,Parks&Recreation Director Diana Wilhite, Councilmember Scott Kuhta, Senior Planner MaryKate McGee,Building Official Lori Barlow,Associate Planner Carolbelle Branch,Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole of Spokane Valley Wesleyan Church gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Gothmann led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Schimmels: no report. Councilmember Wilhite: said she attended a GMA meeting; a Workforce Development Council presentation on their Summer Youth Employment Program, which will provide over 400 paid summer jobs, and she said if businesses need summer help to please contact her for website information. Councilmember Taylor: said that he, Mayor Munson and Councilmember Gothmann spoke before a public policy class as part of the Eastern Washington University Graduate program, to discuss the job of councilmember and how they interact with different groups, with the media, with specific interest groups and individuals, and of the process for policymaking. Councilmember Gothmann: reported he attended a Department of Emergency Management Training session; participated in the kids to work; attended the Lilac military luncheon; met with the CEO of SNAP; and attended the Board of Health Executive Meeting. Councilmember Dempsey: no report. Deputy Mayor Denenny: mentioned the continued discussion on fares at the STA Board meeting; and said concerning the Health Board,that Dr.McCullough will be a real asset to this community. MAYOR'S REPORT: Mayor Munson reported that he participated in the Lilac parade; met with the University High School leadership class; attended a Spokane River stewardship/partnership meeting at Liberty Lake; attended a GMA Advisory Committee meeting; attended a meeting where the discussion focused on how to save space in the jail; and how to make the criminal justice system more cost effective and efficient; had an interview on KXLY; had lunch with Commissioner Mielke where they discussed the upcoming joint June 3 meeting and possible topics; attended Memorial Day services in Deer Park; Council Regular Meeting:05-26-2009 Page 1 of 9 Approved by Council:06-09-09 attended a 911 Board Meeting this morning; and said the metro mayors have been discussing exploring regional metro-projects like region-wide sewer districts or fire services. PUBLIC COMMENTS: Mayor Munson invited general public comments; no comments were offered. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. a. Claim Vouchers,Voucher# 17291 through # 17392: $794,153.05 b. Payroll for pay period ending May 15, 2009: $258,992.22 c. Confirmation of Mayor Appointment of Rhea Coble to NE Washington Housing Solutions Board of Commissioners d.Approval of May 5, 2009 Council Study Session Meeting Minutes e. Approval of May 12, 2009 Regular Council Meeting Minutes Councilmember Dempsey asked that item #le be removed to be discussed separately. It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the consent agenda with the omission of item e. Councilmember Dempsey explained that page 2 of those minutes should include mention that the Clean Air Retreat agreed that in a "declared state of emergency" fines would not be imposed if someone doesn't get a permit before taking down a building. It was then moved by Councilmember Taylor, seconded, and unanimously agreed to approve the minutes as amended for the May 12, 2009 council meeting. NEW BUSINESS: 2. First Reading Proposed Ordinance 09-012 Adopting Subarea Plan Book I and II—Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded to advance Ordinance 09-012 to a second reading. It was then moved by Councilmember Dempsey and seconded by Councilmember Schimmels, to amend the motion to encompass only that area between University and the 1-90 overpass. Councilmember Dempsey explained that she feels the plan presented is beautiful, but is too much, too encompassing, and goes too far and she would like to see a slower start to revitalization and to allow it to grow out in a more natural way. In response to Councilmember Wilhite's question of why that particular line at University, Councilmember Dempsey said that one of the things that came out of the meeting last week,was that that was an older section and it was in more need of revitalization, and that seemed like a good area to start with. Councilmember Wilhite responded that the block along Pines includes the building used as a library which was from the early 1900's, and said that particular block has many older buildings which would fall under the category of needing some revitalization. Councilmember Dempsey agreed and said that the fact that Appleway stops at University was a big part of her decision. Mayor Munson invited public comments on the amendment; no comments were offered. Councilmember Taylor said that he was happy when Appleway was first opened, seeing it end at University has always been a sore spot for him, and said at some point it would be nice to see that wall torn down; and said that the idea is to have Appleway ultimately extend to Tschirley; and in looking at the current zoning, not just the city center zoning, but the comprehensive plan zoning which became effective a few years ago, stopping this plan at University would be extremely disruptive and would cut a city center zone in half and would defy all norms of logic in looking at planning; and added that there has been extensive council discussion about where the plan should end; Council has made particular revisions in the process; and to cut the plan in half doesn't make good sense nor is it good policy. Councilmember Schimmels said he sees a roadblock at University; he said he thinks this would stifle the development from University east on the north side of Appleway because we don't have Appleway; and in looking down the road, it would be three to five years before that roadway would be put in; and the big problem is that we need control of that zoning through there but said he doesn't think we can justify to strap the business community with the subarea plan zoning if you don't have full access to what we have Council Regular Meeting:05-26-2009 Page 2 of 9 Approved by Council:06-09-09 on the map as we only have a portion of that; and also that the cut off of the area from University to Bowdish is half the distance to Pines and that is a big area and said he thinks that is a very viable question. Councilmember Gothmann said the only data he has seen is that which shows we need an area-wide plan and not half an area-wide plan; he said Council originally decided to study the whole corridor; and much thought went into the starting point, and the reasoning at that time to do the whole corridor is that we recognize that what happens in one part of the corridor affects the other part of the corridor; for example if there are zoning regulations west of University, and a different set of zoning regulations east of University, that means you are treating people differently who are in almost equal places, which is not good public policy. Councilmember Gothmann said the idea that was run through all the consultants, was that although we had 40% of the commercial space in the city, we had 60% of the vacancies which doesn't exist just west of university but continues east of University, and the comment was made that there is slightly better occupancy east of University; he said we are here to solve problems, and the problems are the Sprague/Appleway Corridor. Further, Councilmember Gothmann said there have been comments from the Chamber of Commerce, which represents a thousand businesses, and the Spokane Valley Business Association representing a number of businesses, and AutoRow all saying: "do it; get it done;" and said he feels it is time to get it done and accommodate those people who we listen to: namely those more than 1,000 businesses involved. Councilmember Wilhite mentioned that we need to look at the plan area-wide and we need to treat everybody fairly; and to change it for part of one end of the city and not the other would not be wise; but said it does makes a difference about where Appleway would be continued; and said Council needs to look at the implementation of those regulations when they don't have a street that they'd be on; and she said that would be something she would like to discuss with Council; however, she said Council has spent a lot of time and given a lot of thought to this project and said she wished that Councilmember Dempsey had brought this up earlier so Councilmembers could have "hashed it out" and gone back and looked at the map; she said last week she brought up some things that she felt should be changed; and that would have been a good time to have had a thorough discussion; but we are now down to the first reading and she said we need to move forward. Deputy Mayor Denenny said this has been discussed thoroughly; specifically the extent and the geographical area of this, very specifically; and Council made a decision as to the extent of this several meetings ago; he said Council decided how far out to go and that some of it was removed on the other side of Sullivan; and in order for the zoning to work and to make the difference in the rehabilitation of Sprague Avenue,there must be some conformity; and the proposed direction would be counter-productive in what needs to be rehabilitated and how it will be rehabilitated. Councilmember Taylor said if the goal is to kill the plan or significantly gut the plan, this would be the mechanism to do so; the extent of the plan has been discussed before the Consultants were even authorized to start working on the plan; we have moved forward with the study to show if it is better to go the full length or partial, and Council chose the full length; and then amended the eastern portion; and said this motion amendment needs to be rejected and this needs to be moved forward to a second reading. Councilmember Wilhite said Council has made a lot of changes; she said she brought up a lot of proposals, some of which Council agreed with and some not; and she said Council listened to the people and changes were made, even though perhaps every change from every person was not made, but Council listened nonetheless, and said this Council worked hard at looking at the maps and the zoning, and actually visiting sites and talking with people; and said she feels this is a pretty good plan. Councilmember Dempsey said obviously Councilmember Wilhite is referring to her letter [to the editor] and said the sound she was trying to come up with in her letter was dad-dump, dad-dump, dad-dump; she said there has been a lot of comment and a lot of discussion; and said she wondered why those who agree with the plan are obviously in agreement, and those who don't are just single trouble-makers; and she said Council Regular Meeting:05-26-2009 Page 3 of 9 Approved by Council:06-09-09 that troubles her. Councilmember Taylor said that there is an expectation when council hears public comment that the person making that comment obviously wants to get their point across and they want Council to agree with their point of view and a lot of times that doesn't happen because Council has to make'policy based-dn-the,good of the broader public, and when it goes against the public comment there is disappointment and likely a feeling of disenfranchisement for those who went to the effort to communicate to the Council; and that is the reality of having a representative form of government; and he said he has been on the losing end of a six/one vote more times then he'd like, but he doesn't hold it against other councilmembers nor does he feel castigated or think someone feels he is making a bad suggestion; and he said he hopes Councilmember Dempsey doesn't feel put out by a rejection of this • amendment; and added that he is adamant that this is a bad amendment and should not go forward. Councilmember Dempsey responded that she hopes that she will not be put into the position of being able to say, "I told you so"and Mayor Munson concurred. Mayor Munson said he will not support the amendment because this would not be doing anyone any favors by adding to the uncertainty of what will be happening in a few years; he said there is no doubt people want to see Sprague be the kind of vital corridor it has been in the past as it is not now; and said the problem of Appleway and whether it is fair to ask those people who own property along Appleway to follow our zoning, is a fair question; and added that this plan will not be"chiseled in stone" and put on a shelf; and said he is convinced that if we don't have an answer to Appleway by the end of this year, the plan will be re-visited and decisions will be made about zoning along the part of the plan we don't own; but for now, stopping it at University would add a great deal of uncertainty to all those property owners east of University not knowing what we would do in a few years. Councilmember Dempsey said this is the first time she thinks that anyone has heard her objections, and she appreciates it. Vote on whether to amend the motion to encompass only that area between University and the 1-90 overpass: In Favor: Councilmembers Dempsey and Schimmels. Opposed: Mayor Munson, Deputy Mayor Denenny; and Councilmembers Taylor, Gothmann and Wilhite. Abstentions:None. Motion fails. City Attorney Connelly then addressed the original motion to advance ordinance 09-012 to a second reading: he stated he wanted to highlight some of the ordinance's specifics, and said when we get to ordinance 09-013, the substance of that ordinance is almost identical. Mr. Connelly explained that this is an ordinance which would adopt the subarea plan, the plan encompasses a significant portion of the Sprague/Appleway corridor; the ordinance identifies certain timelines of such dates as when the comprehensive plan was first adopted, which comprehensive plan anticipated and charged this Council with the development of a sub-area plan for this corridor; Council amended the Comprehensive Plan on three occasions pursuant to annual amendments, and amended procedures on one occasion; council adopted the Uniform Development Code in September 2007,which was the first attempt to implement the scope of the comprehensive plan;there have been several amendments to that development code; and said those amendments are listed in ordinance 09-012. Mr. Connelly said that in July 2006, Council began developing the subarea plan pursuant to the comprehensive plan; and the development of the subarea plan has been continuous since then. He said Council initiated a planned action review under the SEPA legislation for a portion of the sub-area plan, in keeping with the environmental requirements for properties within that area; and make development substantially easier and quicker, all being done in conjunction with the development of this plan in its entirety. Mr. Connelly further explained that the matter went before the Planning Commission on February 14, 2008, and it came back to Council July 29, 2008 for deliberation; and said if Council determines to advance this to a second reading, that will occur June 16, 2009. Mr. Connelly reviewed Findings of Fact, #4, #5, and #6; and said the SEPA requirements have been complied with; and that the plan is the result of written and public testimony, studies, and analysis, all of which will be included in an index for the second reading. Mr. Connelly said Council has choices concerning the effective date, which can be five days after official publication, thirty days after official publication, or even sixty or ninety days after official publication; and he suggested Council might want to include building language into the ordinance which would allow those in the pre-development Council Regular Meeting:05-26-2009 Page 4 of 9 Approved by Council:06-09-09 status, to follow the existing rules if they file for a permit within a specific period of time, perhaps six months to one year. Community Development Director McClung said pre-applications are good for one year now; that this could affect six to ten projects, none of which are large projects, but include such things as storage buildings and/or small additions; and said she is concerned about giving them enough time to get it in before they have to apply the zone guidelines to their projects. Councilmember Taylor said perhaps the ordinance could include language that the ordinance would be effective in sixty days but anyone who is currently in the pre-development process will be able to complete that process; and those who file between the date of adoption and that sixty days, could be grandfathered in. Director McClung said that in looking at the projects which have been through the pre-application process, if council makes it sixty days, or even ninety days,that will give adequate time to get those projects in as they have been sitting on the shelf for a while. Mayor Munson said he would like something in writing for the second reading, discussing the pros and cons of these suggestions. City Attorney Connelly said that the boulevard mixed use zone will be, and has been changed to community boulevard. Mayor Munson said that CTED has changed to the Department of Commerce, and asked if that should be incorporated into this ordinance for the second reading and Mr. Connelly said he will research that. Mayor Munson extended his and Council's appreciation to Mr. Kuhta for the amount of time, effort and dedication he put into this Plan; and Mr. Kuhta said thanks should also be extended to Kathy McClung, Deanna Griffith, and Lori Barlow for their assistance as well. Mr. Kuhta said tonight's draft includes all the changes Council made from the time they received the Planning Commission's recommendation, to date, and last week's changes include renaming "residential boulevard" to "community boulevard" and noted the maps need to reflect that change; page 2 of 24 adds the 24-month time period for nonconforming uses to allow re-establishment; map 2E shows the property at Evergreen and Appleway is now removed from the district boundary; and it was noted that map 2F heading should be changed; and Mr. Kuhta said these maps will be included on the City's website tomorrow. Mayor Munson invited public comment. Dean Grafos, 16120 E Sprague., said he owns "community commercial" space at 15813 E Sprague; and said these parcels are not part of Fred Meyer; the parcel he referenced is the last parcel in the plan; and said this letter is follow up to a letter sent January 30, 2009 to Council by land use attorney Stacy Bjordahl, and he requested that this parcel be removed from the Plan as he stated in his public testimony April 28, 2009; he said the proposed downzone from community commercial to neighborhood center zoning would create a nonconforming business; he said the site has been occupied without interruption since 1999 as an automobile and equipment sales lot; and he listed the following subsequent properties as you move east on the same side of Sprague Avenue, all of which has been removed from the plan, which include NAPA Auto Parts 15823 E Sprague, Les Schwab 15911 E Sprague, Les Schwab Tire Center 15915 E Sprague, MAACO Auto , 16011 E Sprague, and Jacobs Auto Upholstery 16023 E Sprague; and said he does not believe the inclusion and downzone of his particular parcel meets the standard and requests that 15813 E Sprague be removed form the Plan and retain the present Community Commercial zoning; and he gave his May 26, 2009 letter to the City Clerk. Councilmember Taylor said that there has been a lot of discussion throughout the Planning Commission and Council, there has been a lot of focus on the impacted properties, and there has been much deliberation over some aspects of the plan; and through this process, he feels most every specific comment has been addressed that dealt with constructive criticism; and said he is pleased to move this ordinance to a second reading, and celebrate that we are doing something very positive for Spokane Valley and for the viability of the corridor; which was something he heard quite a bit about in 2002 and 2005 after knocking on a combined 14,000 doors between those two elections, about how people did not like how the corridor was becoming ugly, cluttered,vacant, or dis-invested; and upon becoming a city we would finally have an opportunity to address a lot of these issues; and based on so many comments since Council Regular Meeting:05-26-2009 Page 5 of 9 Approved by Council:06-09-09 the City's inception that this Plan is really Council's follow-through on what the community told Council they wanted; and that this is a major milestone for Spokane Valley; and said this permits a tremendous opportunity to put in a unique city/town center of which none exist throughout this entire region, and which will make us a standout community, and will let us achieve our own identity and accomplish some of the basic goals since the City's inception. Councilmember Taylor said the passage will result in an outstanding legacy for the entire community. In response to Mayor Munson's question about Mr. Grafo's request, Mr. Connelly said Mr. Grafos is requesting that the map be altered, and that would be a part of ordinance 09-013, and when that ordinance is considered, Council can direct staff to amend or modify that ordinance; and he said the zoning map would also have to be adjusted for the second reading. Councilmember Gothmann explained that when the City was incorporated, many citizens asked Council to do something about Sprague Avenue as vacancies were skyrocketing and values were plummeting; and council listened, then acted. In response to those citizens, he explained that Council engaged EcoNorthwest and they found that although we had 40% of the commercial space, we had 60% of the vacancies. In addition, we knew that some Sprague intersections were near failure and we had to address that problem, thus revitalization is essential to the City. In response, through 76 different meetings involving hundreds of citizens, the Sprague Appleway revitalization Plan was developed. Councilmember Gothmann said that some people said Council did not listen, but Councilmember Gothmann suggested the facts be examined: (1) Grafos, Inc had problems with both rezoning and designated streets provisions; Council removed the far eastern property from the Plan; (2)Lark Properties had problems with rezoning; and their property was removed from the Plan; (3) Walt's Mailing Service was concerned about rezoning the rear of their property which they use, and Council passed a provision permitting existing Appleway uses to continue; (4)Ruby Motors wanted to be included in the Auto Zone, and at Councilmember Dempsey's suggestion, Council moved the eastern border to Appleway; (6) Big Boys Auto Dealers were concerned about rezoning and all along those blocks, and at Councilmember Wilhite's suggestion, the plan would permit commercial along the four western blocks on the south side of Appleway; (7) Auto Row wanted land rezoned to accommodate a future recreation park and Council enlarged the Gateway Commercial area to accommodate this; (8) in response to public testimony, Council changed the plan to accommodate both businesses and commuters by making Sprague and Appleway one-way west of Argonne, and two-way east of Argonne; (9) Council permitted additional light industrial uses in both mixed use and gateway commercial zones; (10) the Greater Spokane Valley Chamber of Commerce expressed reservations about the one-year non-conforming grandfather provision; and Council changed it to two years; (11)Mr. Pring expressed concern about restricting retail elsewhere in City Center to core streets; and Council agreed this can be changed if it becomes a problem; and (12) in response to public testimony, Council changed the minimum frontage requirements, the outside display and storage requirements, increased the acreage trigger for new streets, and prohibited billboards from the City center. Councilmember Gothmann said this is a plan that exchanges one set of zoning requirements for another, we are not putting in new zoning requirements as zoning requirements already exist; and that is designed to increase values and revitalize Sprague; and in developing the Plan, Council has listened and has responded to the hundreds of people in over 70 meetings who have provided suggestions and input to Council,and he said Council is grateful for such input. Deputy Mayor Denenny re-emphasized the number of documents he has gone through; the reviewing of materials, drafts, listening to comments, looking at the plan and drafts, talking to staff, reading e-mails, and spending time to get educated about the plan; he heard some public comment that many Councilmembers are doing this for egos; but he said he has seen no egos on this Council; and at the end of his term at the end of this year, he said he will carry many fond memories about the hard work of this Council, and said there is and has been no ego other then the desire to have an improved community which will be the envy of others around us, and something which will enhance the economy so his children and grandchildren can continue to have jobs and stay in this beautiful community; and he said he Council Regular Meeting:05-26-2009 Page 6 of 9 Approved by Council:06-09-09 realizes the criticisms he has heard from members of the community were based upon that same criteria: to find a way to improve the community and improve the economic status of this community and their own economic status. Councilmember Dempsey said it is difficult to speak as she is "pushing water up hill" and it doesn't work; and she likened this plan to a Potemkin Village, which she explained were purportedly fake settlements erected at the direction of Minister Potemkin so Catherine the Great would not have to see anything ugly while she was out in her carriage; Councilmember Dempsey said she doesn't see this as something that is needed; that she knows we need revitalization; that this was the only plan considered as there was no other plan; and that if we had looked further we might have been able to find a plan that would have suited our area and our way of life rather then try to turn us into another California suburb. Councilmember Wilhite said she recalled when our consultant came from California and we had community meetings, that he said these are some ideas that I have given you as to changes that can be made, but he said Council must take the plan and "make it yours" and to fit your city and your community; and that is why there were numerous community meetings; so we could hear what the citizens wanted to see in the plan; and that Council listened; she added that she realizes the plan isn't perfect nor are the members of Council; but we all learn from our mistakes, and after this plan is adopted, there will be something that needs to be changed; but since the plan is not caste in concrete, changes can be made; and she said she feels we need to move forward and not backward. Mayor Munson said staff was asked to come up with a consultant to assist with the corridor; and the initial message was that they recognized a unique opportunity exists where there is a failing corridor, a new City is just beginning to develop their development codes and plans on how the city should look; there was quite a bit of excitement from Council about that message; and Council determined to look forward at the possibilities; Council asked the Consultant to return and participate in a public meeting, which meeting was packed; and Mayor Munson explained that "in comes this guy in a Brooks Brothers suit and an earring in his ear" and Mayor Munson said he thought to himself, `this is Spokane Valley, these people are probably going to put him on a rail and run him out of here;" but within five minutes Mr. Freedman (the Consultant) had the entire audience enthused and wanting to hear what he had to say because the message and the possibilities were exciting; and Mr. Freedman had a record to show it could be done. Mayor Munson said there were comments in that room that day from a number of business leaders about how do we get this thing started and get this study done; and Council listened to those remarks and realized we needed to do more than an economic impact study; and Council kept its promise and hired the Consulting firm and had them put together the outline of a plan that Council felt would do what Council asked them to do: to look at a corridor that was once the vital business area within the city, or in that case the County, and to see what can be done to make it a better place, thereby making this City a better place. Mayor Munson said surveys were done, meetings were held, and now that promise made is about to be a promise kept; as there is a Plan. Mayor Munson said if people think a plan is something you write and forget about, they don't understand what planning is all about; as a plan must be dynamic and we must be willing to change. More importantly, explained Mayor Munson, it is a matter of vision; he said when he was elected the message he got was if Rich Munson was going to represent the people, then Rich Munson needed a vision about what the future would be in this city; and Mayor Munson said those people told him that if there were disagreements about that vision, there would always be another election. Mayor Munson said the vision is based on the goal to make this the best city in the State of Washington; the best city that provides jobs, career and housing opportunities, and it isn't just the Sprague Corridor that will provide that, it is the entire plan for the city, including the Comprehensive Plan and the Uniform Development Code(UDC), and this Plan is part of those documents, and is probably the final touch to that process; that there have been approximately five changes made to the Comprehensive Plan, and several changes to the UDC, and those documents have only been around for a few years. Having the vision that sets the City on a path,he explained, is absolutely essential. Implementation of the Plan, Mayor Munson said, is another story; he said that this city will not purchase and develop all the Council Regular Meeting:05-26-2009 Page 7 of 9 Approved by Council:06-09-09 properties and make sure everybody follows the rules as Council sees them; rather, this plan is an outline of direction; the private sector will look at these properties, and they will make the decision to commit their capital and take their risks to develop the properties in accordance with the Plan; and if it doesn't work, the Plan will not happen; if the risks are too great, or the economic environment isn't conducive to this kind of plan, it won't happen, and the Council will then be forced to re-evaluate. Mayor Munson stressed that this is a start rather then an end; and said he feels comfortable that the start is in the right direction. Vote by Acclamation to advance ordinance 09-012 to a second reading:In favor:Mayor Munson, Deputy Mayor Denenny, and Councilmembers Taylor, Gothmann and Wilhite. Opposed: Councilmember Dempsey and Schimmels. Abstentions:None. Motion carried. Mayor Munson called for a recess at 7:40 p.m. and reconvened the meeting at 7:50 p.m. 3. First Reading Proposed Ordinance 09-013 411 i tl g Adapting Subarea Map—Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to advance ordinance 09-013 to a second reading. City Attorney Connelly explained that this is a companion ordinance to that just discussed; it amends the Comprehensive Plan map, and if Council wants to make any changes to the map, it can be brought forward with the previous ordinance to make - those changes together. Mayor Munson said he would like to discuss Mr. Grafo's comments tonight, but that we would also like staff input about what this would do to the Plan. Deputy Mayor Denenny said that is one of the benefits of having the two readings of an ordinance; and said he would like to examine the information provided in written form, and physically go out to the property in question; and with the information from staff, then re-analyze the request, but wants to proceed tonight with advancing the ordinance to a second reading. Councilmember Wilhite agreed and said that she too wants to go back and view the property, keeping in mind changes can be made at the second reading. Councilmember Taylor said he doesn't disagree with that process, but questioned whether there is a reason why this wasn't brought up at the last meeting; and reminded Councilmembers that this particular comment came in at the April 28 meeting; and Councilmember Wilhite added that the letter Mr. Grafos mentioned from Stacy Bjordahl was dated January 30, 2009. Deputy Mayor Denenny said the physical descriptions put a little different rationale and said he would like to consider this further. Councilmember Gothmann said tonight's description of Mr. Grafo's property was more enlightening. Councilmember Dempsey said when this "line"was drawn in the first place, it was Councilmember Wilhite who said it looked like a good spot; and Councilmember Wilhite responded and said the desire was to draw the line along property lines, and sometimes streets are used, and that she was under the impression this was taken out. Mayor Munson said the reason he recalled this was left in, was that it was considered part of the Fred Meyer complex, not that it belonged to Fred Meyer, but it appeared to be part of that obvious complex; and the other properties were not part of that complex; and said that this issue will be brought up at again at the second reading. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Munson, Deputy Mayor Denenny, and Councilmembers Schimmels, Taylor, Gothmann, and Wilhite. Opposed: Councilmember Dempsey. Abstentions: none. Motion carried. 4. Motion Consideration: Swimming Pool Change Order—Neil Kersten It was moved by Councilmember Taylor and seconded to approve the change order for the Pool Upgrade Project in the amount of$100,537.00 and authorize the City Manager or designee to execute the change order, and approve the City Manager an additional change order authority for the Kilgore Construction contract for the Spokane Valley Swimming Pool Updates, in the amount of$100,537.00. Public Works Director Kersten explained that currently the City Manager has authority for $200,000 and this will give him an additional $105,537 in change order authority; that they are finishing up the pools, they are on Council Regular Meeting:05-26-2009 Page 8 of 9 Approved by Council:06-09-09 schedule, but we discovered there is a federal law recently enacted regarding pool drains, and he said we are obligated to meet that; and the contractor has been given the direction to begin the work but this items needs Council's formal approval. Mayor Munson invited public comment; no comments were offered. Deputy Mayor Denenny added that he hears that the youth are anxious to play in these new facilities,that we did a Parks Master plan and found out what the public wanted; and they wanted improvements done to each pool rather than having one large pool. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. PUBLIC COMMENTS: Mayor Munson invited general public comment. Dick Behm, 321 S Dishman Road, Mr. Behm said he has a complaint about a contractor who closed Dishman Road without notifying any businesses there; that he spoke with Mr. Kersten who wasn't aware of the road closure; and Mr. Behm suggested as a condition of getting a permit, a contractor should be required to notify other businesses and closures and/or re-routing. ADMINISTRATIVE REPORTS: 5. Discovery Playground Bid—Mike Stone Parks and Recreation Director Stone gave an update on the process as per his May 26, 2009 Request for Council Action form, and said the bid was scheduled for May 29 but as several bidders requested additional time, the time was extended to June 9. There was Council consensus to bring this back to Council for bid award after June 9. 6. Permitting Activity Report—Kathy McClung Community Development Director McClung, per her PowerPoint slides, explained the permitting activity, including comparing construction permits in 2009 with those in 2008, showed comparisons with land use applications for 2007, 2008 and 2009 through April, mentioned there are 70 pending applications, and currently under review they have eleven commercial buildings projects, seven tenant improvements, and nine single family residential projects. Ms. McClung also gave figures for pending projects under construction, and the number of pre-application meetings, said they do not anticipate any layoffs, but there are three positions on hold which will not be filled this year, and rather then have a $35,000 development engineering plan review assistance and $10,000 street standards assistance, those items will be handled in-house. In response to Council questions, Building Official McGee briefly explained cross-connection control and said she is working with water districts for a possible interlocal agreement to develop a format on how to work together, and hopes to bring something to Council in the fall. INFORMATION ONLY: The Department Reports were for information only and were not reported or discussed. EXECUTIVE SESSION: Pending Litigation;Land Acquisition It was moved by Munson, seconded and unanimously agreed to adjourn into executive session for approximately 30 minutes to discuss Pending Litigation and Land Acquisition; and that no action is anticipated thereafter. Council adjourned into executive session at 8:34 p.m. Mayor Munson declared council out of Executive Session at 8:59 p.m. It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:1 . f4 4 ichard Munson yor K ristine Bainbri.ge,City lerk Council Regular Meeting:05-26-2009 Page 9 of 9 Approved by Council:06-09-09 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: May 26, 2009 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES Please si• n in if you wish to make public comments. NAME TOPIC OF CONCERN YOU ADDRESS TELEPHONE PLEASE PRINT WILL SPEAK ABOUT ( 4 k-2,44/ /Y/2_7 • it- /J • r GENERAL GRAFOS INVESTMENT, INC. COMM/RESIDENTIAL CONTRACTOR CONSTRUCTION REAL ESTATE LAND DEVELOPMENT 5/26/09 My name is Dean Grafos at 16120 E. Sprague, and we are the owners of a property presently zoned Community Commercial at 15813 E. Sprague. This letter is a follow-up to a letter sent to you on Jan. 30th. 2009 by land use attorney Stacy Bjordahl, in regards to the inclusion of this parcel of property in your Subarea plan. As a follow-up to that letter, I had requested that this parcel be removed from the Subarea plan in my public testimony on April 28th 2009. The proposed downzone of this property from Community Commercial to Neighborhood Center zoning will create a non-conforming business situation on this property. The site has been occupied without interruption since 1999 as an automobile and equipment sales lot. The subsequent properties as you move East on the same (North side) of Sprague Ave. include the following businesses. 15823 E. Sprague— NAPA AUTO PARTS (East property line of Grafos property) (removed from plan) 15911 E. Sprague - LES SCHWAB BRAKE AND ALIGNMENT CENTER (removed from plan) 15915 E. Sprague—LES SCHWAB TIRE CENTER— (removed from plan) 16011 E. Sprague - MAACO AUTO PAINTING AND REPAIR—(removed from plan) 16023 E. Sprague - JACOBS AUTO UPHOLSTERY - (removed from plan) This is just a partial list of automotive and related uses in the same block which have been exempted from your plan. There is also a towing and wrecker service, auto repair shop, a welding shop and hitch center, and a equipment and trailer sales lot. As the Subarea plan has evolved many properties have been added or removed by your planning staff to insure that non-conforming business uses are kept to.a minimum, and that there is a compelling public interest and benefit for the inclusion or removal of individual parcels in the Subarea plan. I do not believe the inclusion and downzone of this particular parcel meets this standard. I request that the property at 15813 E. Sprague Ave. be removed from your Subarea plan and retain the present Commuty Commercial zoning. Dean Grafos 16 20 E.SPR E AVE. • SPOKANE VALLEY,WA 99037 • (509)922-2912 • FAX (509)922-2933 a 4d-a 74 &104-61-9 ,57,41.29*- • v • PARSONS/BURNETT/BJORDAHL LLP ATTORNEYS Stacy A.Bjordahl sblordahl @pblaw.biz January 30, 2009 Deanna Griffiths City of Spokane Valley 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Re: Sprague &Appleway Corridor Subarea Plan Grafos Property/Parcel No. 45133.1444 Dear Ms. Griffiths: This letter is written on behalf of Elizabeth and Dean Grafos who own approximately 29,000 square feet of commercial property located at 15813 E. Sprague Avenue. The Grafos' have owned the property for over 10 years and it is currently developed as a used car lot. The property is currently zoned Commercial. The City is proposing to downzone the property to Neighborhood Center under the proposed Sprague Appleway Revitalization Plan. A downzone of this property is inappropriate for a number of reasons. First, the property is and has been used for commercial use. A downzone to C to NC will make the existing business non-conforming. A non-conforming status is extremely problematic for property owners because lenders are very reluctant to lend money on such property. This makes re-financing, borrowing and selling of the property very difficult. Finally, a downzone of property which has been purchased,developed and utilized for commercial uses for a number of years will significantly decrease the value of the property and nullify the significant investments that have been made to this property. Downzoning property is an action that should not be taken lightly and is rarely done by communities. A downzone of this nature is contrary to one of the most fundamental goals of the Growth Management Act: the protection of property rights. The GMA provides in pertinent part: "the property rights of landowners shall be protected from arbitrary and discriminatory action." RCW 36.70A.020(6). Based upon the above facts,the proposed downzone of this property violates the GMA and could be construed as an arbitrary and discriminatory action. The GMA, as well as the City's Comprehensive Plan, also encourage economic development and a diverse economy. Downzoning a commercially zoned and used parcel of property does not promote or maintain the economic benefits that the City presently enjoys from this property in the form of commercial property tax base, sales tax, etc. 505 W.Riverside Ave,Suite 500,Spokane WA 99201 • T(509)252-5066 • F(509)252-5067 • www.pblaw.biz A Limited Liability Partnership with offices in Spokane and Bellevue Ms.Deanna Griffiths January 30,2009 Page 2 Base upon the above, we respectfully request that the property be either removed from the Subarea Plan in its entirety or the property retain its Commercial zoning. If you have any questions or require any additional information,please contact me. Thank you for your courtesies. Sincerely yours, PARSONS/BURNETT/BJORDAHL, LLP Stacy A. Bjordahl C: Mr. and Mrs. Grafos Enc. 5/a24/4 -2aY When the City was incorporated, many, many citizens asked that Council do somethipg ab 'ut Spragu Avenue. Vacancies were skyrocketing and values were plummeting. ttae. V sit / - , �In ce� In response to these citizens, Council engaged Econorthwest and they found that, although we had 40% of the commercial space, we had 60% of the vacancies. There WAS a problem. In addition to that, we knew that some Sprague intersections were near failure and we had to do address that problem. Thus, revitalization was essential to the City. In response, through 76 different meetings involving hundreds of citizens, we developed the Sprague- Appleway Revitalization Plan which we have before us. Some have said we did not listen. Let's examine the facts: 1. Graphos Inc. had problems with both the rezoning and designated streets provisions. We removed the far eastern property from the Plan. pp perrV es 2. Lark had problems with rezoning. Mayor Munson suggested we remove their property from the Plan and we agreed. 3. Walt's Mailing Service was concerned about rezoning the rear of their property, since they use it. We passed a provision permitting existing Appleway uses to continue. 4. Ruby Motors wanted to be included in the Auto Zone. Councilmember Dempsey suggested we moved the eastern border to Appleway and we agreed. 5. Big Boys Auto Dealers was concerned about rezoning. We adopted Councilmember Wilhite's proposal to permit commercial along the four western blocks on the south side of Appleway. 6. Auto Row wanted land rezoned to accommodate a future recreation park. We enlarged the Gateway Commercial area to accommodate this. 7, In response to public testimony, we changed the plan to accommodate both businesses and commuters by making Sprague and Appleway one way west of Argonne and two way east of Argonne. 8. We permitted additional light industrial uses in both mixed use and gateway commercial zones. 9. The Greater Spokane Valley Chamber of Commerce expressed reservations about the one-year grandfather provision. We changed it to two years. 10. Mr. Pring expressed concern about restricting retail elsewhere in City Center to core streets. We indicated that Council can change this if this becomes a problem. 11. In response to public testimony, we changed the minimum frontage requirements, the outside display and storage requirements, increased the acreage trigger fo onew streets, and prohibited billboards from City Center. This is a plan that exchanges one set of zoning requirements for another that is designed to increase values and revitalize Sprague. In developing the plan, we have listened and we have responded to the hundreds of people in 70 meetings who have provided suggestions and input to the Council. --Bill Gothmann