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2009, 05-12 Regular Meeting MinutesMayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 159th meeting. Attendance: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember Council Regular Meeting: 05 -12 -2009 Approved by Council: 05 -26 -09 MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, May 12, 2009 City Staff INVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Munson 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 amend the agenda to have item #4 begin, followed by item #2 and then the remaining items. It was then moved by Councilmember Taylor, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Kathy McClung, Community Development Dir. Mike Stone, Parks & Recreation Director Cary Driskell, Deputy City Attorney Greg McCormick, Planning Manager Mike Basinger, Senior Planner Christina Janssen, Assistant Planner Morgan Koudelka, Sr. Administrative Analyst John Whitehead, Human Resources Manager Chris Bainbridge, City Clerk COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he attended a Solid Waste meeting a few weeks ago; and a law enforcement meeting. Councilmember Wilhite: explained that she missed last week's Council meeting as she was in Washington, D.C. talking with the Congressional Team regarding transportation issues and the stimulus package; she attended Spokane Valley Governor's Affairs meeting where they heard a report on the legislative session; attended the Convention and Visitor's Bureau awards where they recognized those from the hotels who provide outstanding service "above and beyond;" attended the Junior Lilac Parade; and the Spokane Regional Transportation Council which is in the process of examining its mission and perhaps changing the structure of the organization. Councilmember Taylor: said he attended most of what Councilmember Wilhite mentioned including the Lilac Parade and the tourism awards; and mentioned his service on the Spokane Convention and Visitor's Bureau, which generates over $800 million annually in tourism dollars throughout Spokane County and supports over 10,000 jobs. Councilmember Gothmann: said he attended the opening at Keystone Corners which is a collaboration between Spokane Mental Health and SNAP to provide low cost housing for those with mental disabilities; attended the Valleyfest kickoff; the Day of Prayer ceremony here at City Hall; attended a meeting of Page 1 of 5 appreciation to the Homelessness Task Force who worked to determine how to disseminate funds connected with Bill 2163; attended a HCDAC meeting where they discussed providing home funds for low income housing here in Spokane Valley; attended a law enforcement memorial; mentioned Spokane Councilmember Bob Apple who serves on the Aging and Long Term Care of Eastern Washington Committee, and mentioned we don't have a representative on that committee and perhaps we should; attended a ceremony for contract -based education and the opening of that school on the corner of University and Sprague, which school is designed to reduce student failure rates. Deputy Mayor Denenny: mentioned he attended the rally for motorcycle awareness, and most of the other functions mentioned previously. Councilmember Dempsey: said she attended the Women of Compassion luncheon; the Clean Air Retreat and regular meeting, where it was determined that in a declared state of emergency, fines would not be imposed if someone doesn't get a permit before taking down a building; attended the Arbor Day ceremonies; the Jr. Lilac Parade, and added that last night she added an adjudicator's dinner for the music festival. MAYOR'S REPORT: Mayor Munson reported that last Tuesday he hosted a student from East Valley High School who shadowed him so she could see what a Mayor's does; attended the Government Affairs meeting where they heard from the three legislators about the past session, and added that unless there is a major change, the State is facing a $10 billion dollar deficit; attended the STA (Spokane Transit Authority) Operations and Administrative Committee meeting where the fare increase was discussed and passed on for consideration by the board, but Mayor Munson said he voted against it mostly because of the unanswered questions concerning alternatives for those who use paratransit; he helped open and attended the Junior Livestock show; attended the Auto Career Day; attended a transportation committee meeting representing Spokane Valley and STA, and said the group was willing to discuss an interlocal agreement to implement a transportation benefit district (TBD), and he said it is this Council's position that it is not an acceptable avenue to address the problem, and said other municipalities agreed; said they are working on a list of things to do to make that legislation applicable to our problems and added that Senator Brown said they would look at it. Councilmember Wilhite added that there was discussion concerning the role of the SRTC (Spokane Regional Transportation Council) and they are looking at drafting some legislation but it likely won't happen until the next January session, and she added that in 2007, SRTC was required to have a metropolitan transportation plan and she said she hasn't had an opportunity to read it. Mayor Munson continued with his report and stated that he attended the opening of the College of Nursing in the WSU downtown Spokane, which is a state -of -the -art facility; he also participated in the Junior Lilac Parade; he went to KHQ and participated in a website question and answer session; he attended the law enforcement memorial, and the jail meeting called by US Marshall for Spokane County, and said a ballot measure on this subject is likely, but the date is unknown. In response to Councilmember Gothmann's question about a Transportation Benefit District (TBD), Mayor Munson explained that is a County function and the idea of a license tab fee has not been decided yet, that there are several choices to raise money for transportation issues, including a gas tax, property tax (which must be voter approved), or the car tab tax. Deputy Mayor Denenny then read the "National Safe Boating" proclamation, which was received by Jim Kelly, representative of Spokane Sail and Power Squadron and Coastal Auxiliary; and Mayor Munson read the "May is Older Americans' Month" proclamation, which was received by Marie Raschko - Sokol, Chair of the Advisory Board for the Area Agency on Aging; and the "Bring Your Kids to Work Day" proclamation was read then received by Spokane Valley Human Resources Manager John Whitehead. PUBLIC COMMENTS: Mayor Munson invited general public comments. Chief Mike Thompson said he wanted to make everyone aware of Fire Department's Campaign for "Stop, Drop & Control Your Blood Pressure" which started May 11 as part of their wellness program; and said that on May 25 all fire stations will be open from 8:00 a.m. to 5:00 p.m. for citizens to get their blood pressure taken, and receive educational materials. Council Regular Meeting: 05 -12 -2009 Page 2 of 5 Approved by Council: 05 -26 -09 Mick Jackson, 2016 S Early Dawn Drive: said he thinks Council is doing a good job; mentioned he recently moved into the new Walt Worthy building and he and his staff enjoy the building; that most of his staff are female, and they sometimes walk along the Centennial Trail to the Mall; that he spoke with the City Police about a hobo camp in the median of the freeway off Sullivan; but the police said there is no ordinance so they can't force them to leave; that there are garbage cans there and they are making a significant mess and said he feels it is not a good representation of the City. Mayor Munson said staff is developing a panhandling ordinance to address this issue. 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 # 17133 through # 17285: $490,262.23 b. Payroll for pay period ending April 30, 2009: $357,557.86 c. Approval of April 14, 2009 Regular Council Meeting Minutes d. Approval of April 28, 2009 Regular Council Meeting Minutes It was moved by Councilmember Taylor, seconded, and unanimously agreed to approve the consent agenda. NEW BUSINESS: 4. Second Reading Proposed Ordinance 09 -010 Batch Code Amendments — Christina Janssen After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to adopt Ordinance 09 -010. Assistant Planner Janssen explained that this ordinance includes a number of amendments as noted in her May 12, 2009 Request for Council Action form. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous; Opposed :None. Abstentions: None. Motion carried. 2. Second Reading Proposed Ordinance 09 -008 Amending Comprehensive Plan — Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded, to adopt Ordinance 09 -008. Planner Basinger gave a background of the ordinance as noted on his May 12, 2009 Request for Council Action form. Mayor Munson invited public comment. Todd Whipple, 2528 N Sullivan Road: he discussed the May 12, 2009 letter to Mike Connelly from Stanley Schwartz concerning CPA 01 -09 and of the request that it be amended to include the following underlined words: "Change parcel 45242.9032 to medium density residential, provided high density residential may be permitted subject to a Development Agreement, as approved by the City Council according to State Law." Mr. Whipple explained that this proposal would have them lose thirty -two units from their original calculation and they would like to work out a development agreement so they don't give up the overall potential density if it had stayed high density residential; he added that the letter is a culmination of where we are today; that they are trying to protect their original density of how many units they can put on there and assure Reflection that they (Whipple) are still trying to protect their interest as well; and are trying to not be economically damaged by a change in the comp plan. City Attorney Connelly said the Council has three choices tonight: to go with the Planning Commission recommendation and approve the amendments; make the entire parcel high density residential; or remove this from the ordinance and continue CPA 01 -09 for thirty days to give staff the chance to study the language as this letter was just received this morning; and he said he told Stan Schwartz he is not in a position to recommend this language; that the statutes do allow developer agreements to be done before council but we don't have a process in our Code to incorporate developer agreements in these annual comp plan changes. Councilmember Wilhite proposed the removal of CPA 01 -09 from tonight's discussion, and said the representatives from Shelley Lake should be here if changes are to be made; and to allow Mr. Connelly Council Regular Meeting: 05 -12 -2009 Page 3 of 5 Approved by Council: 05 -26 -09 time to review the issue. It was moved by Councilmember Taylor and seconded to amend the motion to withdraw CPA 01 -09 from the comp plan amendments. After brief discussion concerning the process, the previous testimony from people in the Shelley Lake Reflections subdivision with their concerns about high density residential mixed next to their subdivision; and that we typically try to transition density when high density and low density residential are involved, and one of those zones is medium density residential. Vote to amend the motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote on the amended motion to Adopt Ordinance 09 -008 and to remove CPA 01 -09 from the comp plan amendments: In favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was noted that CPA 01 -09 will be removed from the ordinance and brought back for future discussion. 3. Second Reading Proposed Ordinance 09 -009 Amending Zoning Map — Mike Basinger Planner Basinger mentioned that this ordinance will also need to have CPA 01 -09 removed. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded to adopt ordinance 09 -009 and to remove the zoning underlying comp plan amendment 01 -09. Planner Basinger said this ordinance amends the zone map to reflect the just approved comp plan amendments. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. 5. Proposed Resolution 09 -006 Banking Authority — Ken Thompson It was moved by Councilmember Taylor and seconded to approve Resolution 09 -006. Finance Director Thompson said this resolution updates the banking authority as noted, and asked that in section 3 and section 4, the words "Banner Bank" be omitted and the words "Public Depositaries be inserted. Councilmember Taylor withdrew his original motion. It was moved by Councilmember Taylor and seconded to approve resolution 09 -006 with the following amendments: section 3 and section 4 the words "Banner Bank: will be dropped and replaced with `public depositaries." Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed. Mayor Munson called for a recess at 7:09 p.m. and he reconvened the meeting at 7:16 p.m. Removed from the agenda. PUBLIC COMMENTS: Mayor Munson invited general public comment; no comments were offered. ADMINISTRATIVE REPORTS: 7. Draft Ordinance Modifying Spokane Valley Municipal Code 9.10 (Towing) — Ian Whitney /Cary Driskell Councilmember Gothmann disclosed that his son owns a towing company within the city, but he does not do police tows. Deputy City Attorney Driskell explained that towing issues have come up in the past and we have a workable code; but the police department has requested that the towing code be amended to allow junk vehicles and trailers /manufactured homes to be towed to facilities outside the City when towed pursuant to a police initiated impound; thus giving the police more flexibility in dealing with impounds while preserving the convenience to citizens of having personal vehicles towed and stored locally; that there have been instances of vehicles in the right -of -way which would qualify as "hulk vehicles" or pieces of junk; and there have been three or four events where someone disposed of a mobile home in the right - of -way; that the proposed amendments would change some definitions, add the definitions of junk and hulk vehicles; and would allow the towing of hulk vehicles and mobile homes to a facility outside the city limits. There was no Council objection to bring this forward at a future meeting. Council Regular Meeting: 05 -12 -2009 Page 4 of 5 Approved by Council: 05 -26 -09 8. Splashdown Contract Discussion — Mike Stone Parks and Recreation Director Stone explained the highlights of the Contract as noted on his Request for Council Action form, and said the previous agreement was inherited from Spokane County and is outdated; and that the agreement is acceptable with the Kelloggs. There was no Council objection to bring this forward at the next meeting for a motion consideration to approve the agreement. 9. Western Dance Hall Contract — Mike Stone Parks and Recreation Director Stone mentioned this agreement was likewise inherited from Spokane County; and there have been no changes since Council's last review of this item. There was no Council objection to bring this forward at the next meeting for a motion consideration to approve the agreement. 10. Allocation of Space at Valley Precinct Building — Morgan Koudelka Senior Administrative Analyst Koudelka, via his PowerPoint presentation explained the history of the precinct building, and said that the preference is to have a use which would not require renovation of the space; he explained some of the potential uses such as a records and property storage area; or for court - related services; and Mr. Mercier mentioned hat there was a provision in the agreement which said the County could change their occupation rate, which they exercised at of the close of last year; and said we will continue to explore this issue as the County and other departments may need the space. Deputy Mayor Denenny said until we receive the final ICMA report, he would be hesitant to do anything concrete in modifying or converting the area. 11. Regional Transportation Update — Mayor Munson Mayor Munson said he covered the highlights of this topic in his report earlier tonight; there was brief discussion concerning accepting the regional TBD as the current law is adequate to allow accomplishment of regional transportation projects; mention that Mayor Verner is taking the lead on this and this topic will come to our staff with a draft interlocal and the opportunity to discuss funding options; mention of the different levels of sustainability, the change of length of time of the TBD's life and the sunset clause; mention of the desire to allow flexibility within the TBD to as to be able to react to emergency situations like flooding; questions about the street utility concept; and mention of the desire to allow the ability to ask for revisions of the list if something comes up Council feels has a higher priority; that guidance is needed concerning how the funds are spent, and what happens to those funds; that we need to be able to assure the public we won't be continually asking for renewal of a tool they already approved; and mention that Senator Brown will consider these issues. INFORMATION ONLY: The Winter Road Assessment was for information only and was not reported or discussed. EXECUTIVE SESSION: N/A It was moved by Deputy Mayor Denenny, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:15 p.m. ATTEST: ristine Bainbridge, Ci Clerk Council Regular Meeting: 05 -12 -2009 Approved by Council: 05 -26 -09 Page 5 of 5 NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT ADDRESS TELEPHONE t -S. ✓, <<1Zt& X5` ; --76; ' Il6v , ` co,ct11co - 0 lei Adt445 in-4.4, ,4 1t0 s, Su,1,,, Zc ct a 'f -o 5 c, 14:' 1 C- � / � 6 ,l Oil( PA � m /Yt u n 4 -b2.c.: -�- ra j ,� , A76 kit 4c, - / 76 0 _i//-4,k &4 H ,2- GENERAL PUBLIC COMMENT SIGN —IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: May 12, 2009 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES Please sign in if you wish to make Dublic comments. ROBERT L MAGNUSON NED M. BARNES WILLIAM D LYNNE!** ROBERT H LAMP K. THOMAS CONNOLLY THOMAS D COCHRANJ DUANE M SWINTON JOSEPH H WESSMAN JEFFREY L SUPINOEB• 1051118 WEATIIERIIEAD•j MICIIAELD CURRJN BRIAN T REKOFKE• EDWARD I. ANSON.. R. MAX ETTER J . MICHAEL F NI8NFTEDT• JOHN M. RILEY 111 DLVNISM DAVIS.. P1 DULLANTY. J0. DANIEL L FINNEY MARY R. OIAXTfIXI•j TIMOTHY M. LAWLOR WILLIAM M SYMMES•j MARK A. ELLINGSEN•> STANLEY M SCHWARTZ• DAVID M. KNUTSON JODY M. M.OnPMICKI MICHAEL. L uN ROSS P. WHITE RICHARD L MOUNT JOEL P HAZEL. ROBERT 1 CALDWFLL• ANDREW SCHULTHEIS•• SHEI.IEY N RIPLEY CHRISTOPHER 0 VARAU.O•( KIMBERLY 6. SAMEL• RYAN M BEALIDOIN• PATRICIA L JOHNSON L.6RA L IIEMINGWAY RICHARD A REAP BENJAMIN 8. COLEMAN. RYAN A JENSEN NUE 11 OLDS. OEANA VAN DESSEL STEVENI DIXSO.V MATTHEW W DALEY JENNIFER M SIMPSON.. NATHANO SMITH JACLYN R CI.ABDY SHANE COLEMAN JASON 8 WLNO.• OF COUNSEL flunky 0. 86.x8 D onald LW. RETIRED Allan H Tod. la4,E Heath. k • Also admitted to Idaho I Also admitted on Oregon > Also admitted in Montana ••Also admitted on Califotnu • Also admitted In New York •.Admitted In Idaho only Dear Mr. Connelly, WITHERSPOON, KELLEY, DAVENPORT & TOOLE A PROFESSIONAL SERVICE CORPORATION ATTORNEYS & COUNSELORS PORTLAND OFFICE 1515 SW FIFTH AVENUE, SUITE 690 PORTLAND, OREGON 97201 Telephone. (503) 546 -2391 Fax: (503) 224 -8434 Mike Connelly City Attorney City of Spokane Valley 11707 E. Sprague, Suite 103 Spokane Valley, WA 99206 1100 U.S. BANK BUILDING 422 WEST RIVERSIDE AVENUE SPOKANE, WASHINGTON 99201 -0300 Telephonc: (509) 624-5265 Fax: (509) 458 -2728 May 12, 2009 Re: Crapo - Comprehensive Plan Amendment No. CPA -01 -09 COEUR D'ALENE OFFICE THE SPOKESMAN REVIEW BUILDING 608 NORTHWEST BOULEVARD, SUITE 401 COEUR D'ALENE, IDAHO 85814 -2146 Telephone (208)667 -4000 Fax. (208) 667-8470 This letter follows our discussions concerning the pending City Council action on CPA -01 -09 scheduled for May 12, 2009. Through this letter we request that the Council action under City Ordinance 09 -008, Section 4, file No. CPA -01 -09 be amended to include in the Council Decision (page 4 of 6) a modification to the last sentence. The underlined words are the suggested modification. Change parcel 45242.9032 to medium density residential, provided high density residential may be permitted subject to a Development Agreement, as approved by the City Council according to State Law. As you know, RCW 36.70B.170 -.210 authorizes and provides the process for considering a Development Agreement, which includes a public hearing before the City Council. While we had some discussion concerning process, and the right of a party to separately appeal a Development Agreement, 1 refer you to two cases: (1) City of Burien v. Central Puget Sound GMHB, 113 Wn. App. 375 (2002); and (2) Alexanderson v. Board of Clark County Commissioners, 135 Wn.App. 541 (2006). These two cases establish that a challenge to a Comprehensive Plan Amendment goes to the Growth Management Hearings Board with a challenge to a Development Agreement proceeding through LUPA. Thus, the above modification creates two rights to process. Michael Connelly May 12, 2009 Page 2 Finally, we will, as part of the Development Agreement, seek Site Plan review, which is provided for in SVDC 19.130.030 with the requirement that such review be consistent with the Comprehensive Plan. We respectfully request that the Council consider the above amendment and allow the opportunity to present a Development Agreement for future consideration. Thank you for your courtesies. SMS /lj cc: Todd Whipple Ben Goodmansen City Clerk Dennis Crapo Very truly yours, WITHERSPOON, KELLEY, DAVENPORT & TOOLE, PS 4y i 3 ci t---tz