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2006, 04-18 Special Meeting MinutesMINUTES SPOKANE VALLEY CITY COUNCIL SPECIAL MEETING Tuesday, April 18, 2006 6:00 p.m. City Hall Council Chambers 11707 East Sprague Avenue Spokane Valley, Washington Mayor Diana Wilhite called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. Attendance: Diana Wilhite, Mayor Steve Taylor, Deputy Mayor Dick Denenny, Councilmember Mike DeVleming, Councilmember Bill Gothmann, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Connelly, City Attorney Mike Jackson, Parks & Rec Director Cal Walker, Police Chief Marina Sukup, Community Development Dir. Greg McCormick, Planning Manager Scott Kuhta, Senior Planner Ken Thompson, Finance Director Morgan Koudelka, Administrative Analyst Joel Whitman, Administrative Intern Carolbelle Branch, Public Information Officer 1. First Reading Proposed Ordinance 06 -010 Adopting Comprehensive Plan — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance Ordinance 06 -010 to a second reading at a subsequent meeting. City Attorney Connelly explained that the ordinance is a summary of the two to three year's effort in drafting the City's First Comprehensive Plan; that the recitals (whereas clauses) state what is necessary to pass a comprehensive plan, and the Findings are a summary or list of what was accomplished in the formation of the plan. He also mentioned that due to three days of computer technical difficulties, the draft ordinance version Council has before them is not the most current; and he went over several changes to the ordinance, including a new section "a" and "b" under #9 Citizen Participation; and the deletion of the words "proposed and" found at the top of page 2. Councilmember DeVleming asked about the part of the language under new section 9a which mentions comp plan newsletters. After brief discussion, it was determined there were no newsletters drafted and therefore, that part of the new language will be deleted. It was then moved and seconded to amend the motion to add those changes which the City Attorney just read into the record. Mayor Wilhite invited public comment on the motion to amend; no comments were offered. Vote to amend the motion: In Favor : Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote on the newly amended motion: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. First Reading Proposed Ordinance 06 -011 Adopting Crossover Matrix — Mike Connelly After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded, to advance Ordinance 06 -011 to a second reading at the April 25, 2006 Council meeting. City Attorney Connelly explained that the purpose of this ordinance is to create the rules to initially implement the Comprehensive Plan in a way that requires few changes to the current zoning code; that the proposed matrix specifies existing zone categories which will implement individual Comprehensive Plan land use Special Meeting Minutes: 04 -18 -06 Page 1 of 6 Approved by Council: 05 -09 -06 categories. He added that staff also proposes amending Section 14.416.000 which addresses number of uses per lot; as the interim Zoning Code allows one primary use per lot unless otherwise specified in the Code; and this draft ordinance removes the restriction for areas designated Mixed Use and Corridor mixed Use on the Comprehensive Plan Map. Councilmember Munson asked if staff had the recommendation from the Planning Commission's Public Hearing of April 13, and Mr. Connelly explained that aside from one technical error, the Planning Commission unanimously recommended approval. The technical error mentioned is on the bottom of page 2: Heavy Industrial should be I -3 rather than 1 -2 as shown; which change can be treated as a scrivener's error. Councilmember Gothmann mentioned a citizen had concerns about trucks driving through his mixed -use neighborhood; and Community Development Director Sukup explained that mixed use means industrial uses in the matrices are allowed in that zone; and that some allow the use of trucks but that it is a separate issue and will require an ordinance to establish that. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Consideration of Comprehensive Plan Requests and Public Record Statements — Scott Kuhta /Greg McCormick Planning Manager McCormick explained that there were two requests which came before Council last week regarding the comprehensive plan map. The first, he explained came from Michal Lee and Doug Gore, whose property is located at the southwest corner of 16 and Sullivan Road, with a request to change the property to neighborhood commercial; that staff examined the area and feels it would be appropriate, as it is at the intersection of two arterials. The second request, explained Mr. McCormick, came from three separate people, for property located east of Mullan Road and north of Mission; the area (surrounding Willow east of Locust) has a mixture of uses, some single family, some multi - family; that staff visited the site and recommends community commercial; that the recommendation is not a strong recommendation, and office might be a designation for council consideration as a transition from the higher density commercial area to the intersections; and as a point of clarification, the area outlined in blue on the map is the area in question. Council discussion ensued regarding no notices given to the surrounding property owners in either case; whether the lot on 16 and Sullivan is large enough to warrant a change to neighborhood commercial or to have a gas station. Mr. McCormick said some zones have minimum lot sizes; and landscaping, or off - street parking is usually what drives the designation more than lot size. Senior Planner Kuhta said he spoke with the land owners who have not indicated what exactly they want to put on the lot, although they did suggest an espresso stand (which is not allowed in a neighborhood commercial zone at this time); and that the development for the area would be dependent on how much parking and drainage they would need, and it is possible that office would work in that area. Councilmember DeVleming mentioned that the surrounding property at the intersection is listed quasi - public, and is owned by Vera Water and Power with the intention of erecting a sub - station in the near future; and that he was not sure if gas stations and /or gas pumps had specific space requirements. Mr. McCormick said that once a development is proposed, issues like ingress and egress would be reviewed, but that there is no development proposal at this moment; and the appropriateness of single family at that corner is the issue; and is probably less appropriate for low density residential than it would be for neighborhood commercial. Mayor Wilhite invited public comment; no comments were offered. It was moved by Deputy Mayor Taylor and seconded that the land use amendment M72 be designated neighborhood commercial. Councilmember Gothmann indicated he would vote against the motion as he feels it would be good to have commercial in part of the city, but that this designation needs the neighborhood involved in the discussion; and that he feels the area should be adopted as it is now (e.g. residential), and then ask the developer to go through the Planning Commission so proper notice and Special Meeting Minutes: 04 -18 -06 Page 2 of 6 Approved by Council: 05 -09 -06 public hearings can be held on that specific issue; and that since this only affects one lot, it would appear to be spot- zoning. Councilmember Munson stated he too would vote against the motion because he does not want to put the City in a position designating a lot which only has two options for development. Councilmember Denenny disagreed as he stated that all the other land use designations were made through council without involvement of each lot's neighbors participation; and that the area in question does not fit and cannot be single family residential boxed in by quasi - public property; that the area needs to be cleaned up and one of the ways to accomplish that would be to allow some commercial. Deputy Mayor Taylor said while he appreciates the efforts of the Planning Commission, that is not the only way to have zoning changes; reiterating that council has made similar changes in the last few weeks as it deliberated on various land use map designations. Councilmember DeVleming said there are residential areas on three of the four corners at that intersection, and there are further residential designations nearby with the exception of the church near Sullivan; but that he feels Council is not doing the neighborhood a service by forcing that particular spot as neighborhood commercial, as the lot is small and will therefore limit what can be developed there; and he will also vote against the motion. Councilmember Schimmels stated the lack of notice and of process are factors that lead him to vote against the motion. Planning Manager McCormick commented that Council is approving the Comprehensive Plan rather than approving zoning; if this property owner wants to do something commercial the day after the comp plan is adopted, they would not be allowed, as they would have to use the cross -over matrix to see what kind of zoning would be consistent with that comp plan designation, which would be neighborhood commercial; they would have to come to the City and apply for a site - specific re -zone which would then go to the Hearing Examiner, with neighbors within 400 feet of the area being notified of the hearing; all as part of the re -zone hearing process; that Council is not approving zoning but is considering approving the Comprehensive Plan. Mayor Wilhite mentioned, and Mr. McCormick confirmed, that the area is surrounded by quasi - public land, owned by Vera Water and Power. Vote by Acclamation: In Favor: Mayor Wilhite, Deputy Mayor Taylor; and Councilmember Denenny. Opposed: Councilmembers DeVleming, Gothmann, Munson, and Schimmels. Abstentions: None. Motion failed. It was moved by Councilmember DeVleming and seconded to approve the land use revision M73. Mayor Wilhite invited public comment; no comments were offered. By way of clarification, Mr. McCormick explained that this motion would mean moving the community commercial boundary from the existing line over along the Locust right -of -way. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Department of Ecology NPDES Phase II Regulations Grant — Neil Kersten It was moved by Councilmember DeVleming and seconded, to accept the NPDES Phase II grant in the amount of $75, 000. Public Works Director Kersten explained that the Washington Department of Ecology (DOE) offered the City a one -time $75,000 grant to help set up the City's NPDES Phase II Program; that the grant is part of a $2.7 million program initiated by DOE to assist jurisdictions in complying with the provisions of the permit requirements; that the grants were distributed based upon an evaluation of over a hundred jurisdictions in the state; and that Spokane Valley ranked twenty- second with funds only being distributed to the first thirty -two jurisdictions. To receive the grant, Mr. Kersten explained that there must be an agreement between the City of Spokane Valley and DOE, and that such agreement must be in place by May 1, 2006; and that we anticipate using the funds to create an inventory and GIS database of stormwater outfalls, begin an illicit discharge elimination program, and start development of an education and outreach program. Director Kersten then went over the highlights of his April 12, 2006 memorandum and listed the six permit requirements; adding that the process should be concluded this September. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Special Meeting Minutes: 04 -18 -06 Page 3 of 6 Approved by Council: 05 -09 -06 5. BRAC (Base Realignment and Closure Commission) Process: Walker Army Reserve Center — Amanda Leiker, Project Manager, Office of the Secretary of Defense City Manager Mercier introduced Amanda Leiker, of the Office of Economic Adjustment in Sacramento, California, to brief Council on the deactivitation process concerning the Walker Army Reserve Center. Ms. Leiker explained that she works for the Office of Economic Adjustment, which is a field activity within the Department of Defense, and that her department assists communities affected by base changes; that tonight's topic is the ten -acre parcel on Sullivan Road which is slated for closure; that Council has the option to form or not form, a local redevelopment authority, or LRA. She then explained the steps to form the LRA as well as the steps to decide not to form a LRA, adding that the LRA must be identified by May 9. Mr. Mercier added that if council wants the property in question, we should not form an LRA; and he explained that this ten -acre site could be suited for a variety of local public agency activities and there is potential use for the City for that area; and that he would not want to encourage Council to perform in a dual role as arbitrator and contender for the property. After discussion among Councilmembers, it was moved by Councilmember Denenny and seconded, to authorize the Mayor to send a letter to the Army announcing the decision not to form an LRA regarding the use of the Lt. Walker Army Reserve Facility. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. West Valley City School Presentation on Proposed Crosswalk — Robert Tombari West Valley City Student Robert Tombari, along with the school's Principal, gave a PowerPoint presentation on the safety concerns of the school, in particular, on the need for a crosswalk around Argonne and Mullan Roads. The presenters explained that the utmost concern is the safety of all the students; that many people do not realize there is a school in that area, and most drivers do not slow down for pedestrians in the crosswalk; that they want the community to be more aware, and would also appreciate police officers patrolling the area to ticket offenders, particularly before and after school. Mr. Tombari explained that from observations, only one out of 36 cars stop for pedestrians, and mentioned that many cars travel in excess of the posted 35 mile - per -hour speed limit. Mr. Tombari mentioned that at their request, a resource officer performed a "sting" operation, and in one day wrote approximately 40 tickets for failing to yield to pedestrians in a crosswalk. Mr. Tombari stressed the need for a lighted crosswalk at the very dangerous intersections mentioned. The Principal explained that putting his personnel in the area, or even asking parents to help, is asking them to take their life in their hands; and stated his opinion that enhancements must be made to the intersection and crosswalk to ensure pedestrian safety. After Council discussion, it was determined that Public Works will examine the intersection and try to work on some criteria to determine the best remediation for the situation; adding that it would be good to also do some additional traffic enforcement in that area concerning people not stopping at occupied cross - walks. Mayor Wilhite called for a recess at 7:30 p.m., and reconvened the meeting at 7:39 p.m. 7. Economic Development Council Quarterly Report — Teresa Sanders Spokane Area Economic Development Council Executive Vice President Teresa Sanders and Jim Huttenmaier, Partner Relations Director, highlighted the first quarter report, which documents were included in the council's packet prior to the meeting. Topics included recruitment, expansion, marketing, lead generation, activity report, property and lead source property, and projects update. One of the project titles included the "Spokane County Baseball Stadium Infrastructure Repair," which Mr. Mercier explained Council will see more information forthcoming, as today he received an e -mail asking our Council to pass a resolution in support of that project; as the County owns the fairgrounds and the stadium, but they are located within the City limits of Spokane Valley. Council thanked Ms. Sanders and Mr. Huttenmaier for the report. Special Meeting Minutes: 04 -18 -06 Page 4 of 6 Approved by Council: 05 -09 -06 8. Cable Franchise Update — Morgan Koudelka Administrative Analyst Koudelka explained that the current cable franchise will expire September 4, 2006; that Comcast invoked the renewal process and chose to negotiate informally; and that we will follow the guidelines of the process while negotiating informally with Comcast. Mr. Koudelka and Administrative Intern Whitman explained the various aspects of the franchise, including what we can and cannot regulate, the franchise process, ascertainment phase, that a public hearing is scheduled for June 2006, negotiations, local public access (or PEG channels), the citizen survey results, and the need to complete the technical review. Ken Watts, Comcast General Manager also briefly discussed the rates, including the rates for limited basic service. Mr. Koudelka stated that the technical review starts tomorrow and will be completed within the next month; that staff will compile the statements and issues concerning the informal negotiations; and that staff asks Council to consider extending the current franchise agreement through the end of 2006 to allow citizens to continue to use the facilities; and change the dates of the agreement to have it run on the calendar year. Council voiced no objections. 9. Sprague /Appleway Subarea Plan Consultant Contract Report — Marina Sukup /Scott Kuhta Senior Planner Kuhta explained that staff received four responses to the request for consultant contract; conducted interviews, and now recommends to Council that staff begin negotiations with ECO Northwest, which includes Studio Cascade and Glatting Jackson. Mr. Kuhta also mentioned that staff and the consultants met March 27 to discuss reducing their $408,000 proposal closer to the City's budgeted $250,000. Mr. Kuhta said the consultants will likely be able to reduce the city center part but the transportation part will take longer to finalize; that the subsequent Phase will not happen until the next budget year so it might be feasible to split the costs between two budget years. During Council /staff discussions, Mr. Mercier mentioned that we have not attempted to calculate any in -kind costs, but this project will be a high priority work plan element for staff and will require the collaboration of a number of staff; and there is the possibility of hiring temporary staff to work on the daily issues; freeing time for the planners to concentrate on the difficult task of the subarea plan. Councilmember Munson said that one issue which must be resolved is the ownership of Appleway. There was Council consensus that staff continue to work to reduce costs were possible, and to balance everything considered and come back with a proposal. It was moved by Councilmember Gothmann and seconded to extend the meeting to 9:15 p.m. In Favor: Mayor Wilhite, Deputy Mayor Taylor, and Councilmembers Schimmels, Munson, Gothmann, and Denenny. Opposed: Councilmember DeVleming. Abstentions: None. Motion carried. 10. CenterPlace Fiber vs. T1 Communications and Data — Mike Jackson In the interest of time, this item was postponed to a future council meeting. 11. Parks & Recreation MasterPlan Pending Policy Issues — Mike Jackson Parks and Recreation Director Jackson explained that the plan is scheduled for adoption April 25; he listed the pending policy issues; and asked Council if they would like to see any other issues addressed or changes made. City Manager Mercier asked if Council would concur to grant staff license to exchange the language to mirror that language pattern of the Comprehensive Plan, changing words "support" for "encourage," etc. Council concurred. 12. Valley Corridor Project: Replace Transportation Improvement Board (TIB) Funds With Federal Funds through Spokane Regional Transportation Council (SRTC) — Neil Kersten In the interest of time, City Manager Mercier gave a very brief synopsis of this issue and explained that it will be forthcoming on the April 25 council agenda. Special Meeting Minutes: 04 -18 -06 Page 5 of 6 Approved by Council: 05 -09 -06 13. Advance Agenda — Mayor Wilhite Mayor Wilhite mentioned she plans to schedule a meeting with the Board of County Commissioners to discuss the Appleway property. Councilmember Munson suggested that prior to such meeting, Council determine what kind of strategies or parameters council would like to address with the Commissioners. Council determined that Councilmembers Munson, Denenny, and DeVleming will get together prior to such joint meeting, to determine those parameters; and to work to form a draft to submit for full council consideration. Mr. Mercier mentioned the May 9 agenda item #3 can be moved if necessary. He also mentioned that he will be in a strategic planning exercise next Monday along with the Board of County Commissioners, to discuss such major issues facing the county as the jail and the court, and to work to find a formula to come to conclusion on some of these difficult issues, and present them at a public meeting. 14. Information Item: Initial Draft Ordinance, Logo Usage — Cary Driskell No report at this item was information only. 15. In ormation Item. Temn s oral Assistance to Communi Develo • ment — Nina Re_• or No report at this item was information only 16. Council Check -in — Mayor Wilhite — no report. 17. City Manager Comments — Dave Mercier - no report. It was moved, seconded, and unanimously agreed to adjourn. The meeting adjourned at 9:20 p. m. ATTEST: Christine Bainbridge, City Clerk ()-covy\sk vJtAIuT Diana Wilhite, Mayor Special Meeting Minutes: 04 -18 -06 Page 6 of 6 Approved by Council: 05 -09 -06