2007, 01-03 Special Meeting MinutesMINUTES
SPOKANE VALLEY CITY COUNCIL
SPECIAL MEETING
Wednesday, January 3, 2007 6:00 p.m.
City Hall Council Chambers
11707 East Sprague Avenue
Spokane Valley, Washington
Mayor Wilhite called the meeting to order at 6:05 p.m.
Attendance:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Gary Schimmels, Councilmember
Mike DeVleming, Councilmember
Bill Gothmann, Councilmember
Rich Munson, Councilmember
Absent: Dick Denenny, Councilmember
Staff:
Dave Mercier, City Manager
Mike Connelly, City Attorney
Marina Sukup, Community Development Dir.
Greg McCormick, Planning Manager
Neil Kersten, Public Works Director
Chris Bainbridge, City Clerk
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except
Councilmember Denenny. It was moved by Councilmember Munson, seconded, and unanimously agreed
to excuse Councilmember Denenny from tonight's meeting.
1. Council/Staff Discussion /Deliberation: Uniform Development Code Titles 17, 18 and 20
Community Development Director Sukup mentioned that the drafting of these titles was a joint effort
with staff from her Department, Deputy City Manager Regor, City Attorney Connelly, Public Works
Director Kersten, and the Planning Commission, and comments received from Councilmembers Munson
and Gothmann. Regarding review procedure to follow tonight for these discussions, it was determined
the Planning Commission's document will be used as the base document, with movement to the first
place a councilmember has questions, or where staff has proposed changes. Deputy Mayor Taylor asked
that during the process, that staff note for council what sections are regulated by state statute and therefore
not subject to change; and to note any areas which were points of contention with the members of the
Planning Commission. Mr. Mercier further suggested that Council deliberate and come to consensus on
each chapter if possible, and have the formal adoption of all chapters simultaneously in March.
Title 17: After Council discussion, below are the suggested changes per Council consensus:
Page 6: Table 17.40 -2: the pre - application conference for Application Type II should be an "X" for
required rather than the shown "0" for optional.
Page 10: 2a. Notice by Mail: (second sentence): Where any portion of the property abutting the subject
property is owned, controlled, or under the option of the project property owner, then all property owners
within three hundred (300) foot radius ...: Consensus to change 300 feet to 400 feet.
Page 1 5 : 8a: should read: i ... and, ii. . . . and iii. or iv or v.
Page 15: 9 City Council Action - regarding the public hearing: City Attorney Connelly will research
whether this should state if the hearing is open or closed. Mr. Connelly added that if the word "public" is
used, the word "open" is not necessary, as the one assumes the other [a public hearing is an open hearing].
Page 17: item 7: same comment as page 15 -9 above. Mr. Connelly will check that also.
Special Meeting Minutes: 01 -03 -07 Page 1 of 3
Approved by Council: 01-23-07
Page 17: 5. Findings of Fact: City Attorney Connelly said if the Planning Commission conducts the
public hearing, they should also prepare formal findings or so note those findings in the meeting minutes.
Page 21: formatting error: 17.50.060 — need space between b. and c.
Page 24: Compliance and Enforcement: regarding signing a compliance agreement; Director Sukup stated
that the objective is compliance, and there are some citizens who have complied, but don't want to sign
the voluntary agreement; and there should be a provision that addresses that. Director Sukup will suggest
an appropriate place for that at a later date. Regarding fines, Attorney Connelly said that currently there is
a "flat" fine and it was proposed to have subsequent violations result in escalated fines; to which Council
concurred and stated they would like to review those provisions once drafted. [also see comments
regarding page 35.]
Page 26: #6 top of page: Attorney Connelly said staff will work to revise the paragraph to make it easier
to read [17.60.040 #6. In Administering the provisions for code compliance, the City ... ]
Page 34: 17.60.260 #1 Civil Penalties — omit a and b and have the paragraph end as " ... pursuant to the
following schedule: Notice and orders and stop work orders: basic initial penalty: $500.00.
Page 35: 17.60.290 Civil Penalties — Waivers: staff will draft language to allow the violation to be
dismissed even if the offender does not sign a voluntary compliance agreement.
Staff will bring Title 17 back to Council for re- review.
Mayor Wilhite called for a recess at 7:19 p.m. and reconvened the meeting at 7:25 p.m.
TITLE 18: After Council discussion, below are the suggested changes per Council consensus:
Page 2: #3: Revise to read: "the commission shall adopt such rules and procedures as are necessary for
the conduct of business and shall keep a recording of its proceedings subject to approval of the Council.
Page 3: 18.20.020 Powers and Duties. Amend la iv: "Shoreline Permits when they need a conditional
use permit or variance" (or similar verbiage) which, Ms. Sukup explained is when a public hearing would
be required.
It was Council consensus that there is no need for Council to re- review Title 18.
TITLE 20: After Council discussion, below are the suggested changes per Council consensus:
Page 3: 20.10.080 General Design. #1: Staff will consider changing the word "character" to the specific
verbiage in the comprehensive plan.
Page 4: dii will need to change the reference to the appropriate Code section.
Page 4: 3a: After discussion concerning the use of 800 feet block length maximum, it was Council
consensus to leave this as 800 feet.
Page 4: First paragraph: Ms. Sukup said that Mr. Kersten recommended adding the word "connectivity"
in the very first sentence to read: Block dimensions should reflect due regard to the needs of convenience
access, connectivity, public safety, emergency vehicle access... .
Page 5: Council consensus to make the organizational change as shown in the strike -out version (moving
20.10.080 3d to a new number 10; and re- numbering current 10, 11 and 12.)
Special Meeting Minutes: 01 -03 -07 Page 2 of 3
Approved by Council: 01-23-07
Page 6: Questions arose about adding language that one of the areas to be examined by the Hearing
Examiner is emergency egress or evacuations. Attorney Connelly said he will research whether we could
have development regulations that would require findings concerning an emergency evacuation egress;
and we should not include general statements in the zoning code which are designed to solve particular
problems; that if there is an area in the urban growth area that poses a unique danger due to fire, trees, or
is adjacent to natural areas, then we may want to have specific design plans for those specific areas; and if
that is the case, those areas and design standards need to be identified; and also a need to examine that
link with the comprehensive plan and how it might be operationalized using the statutory language.
Page 6: 20.20.020 lc: change the two references to 300 feet, to 400 feet.
Council consensus to add language to allow submittal of electronic versions, such as audo cad, asri micro -
station, in specified standards, but that it would not serve as a substitute for paper copy. Director Sukup
will draft that language for a new subsection 3e; (bottom page 6); then re- number f and g top of page 7.
Page 7: include electronic submittal as a new subsection under 20.20.020 2p; and the language would be
replicated at both the preliminary and final level. Director Sukup also received Council consensus to add:
"Boundary points for corner shall be located by Global Positioning System (GPS) on the preliminary
subdivision, final short subdivision or final binding site plan based on Washington State Plane Coordinate
North Zone North American Datum 83 (NAD 83) in U.S. feet. Precision shall meet Iligh Accuracy
Reference Network (HARN) or High Precision Geodetic Network (HPGN) standards. The final
subdivision, final short subdivision or final binding site plan shall show or be accompanied by a map
showing the control system through which the coordinates were determined from points of known
coordinates in conformance with RCW 58.09.070." Director Sukup explained that those will be the
boundary points for corners on the survey.
Page 9: include electronic submittal (as mentioned above) under 20.30.010
Page 11: Concerning #15: discussion on the order of a -h, and whether to add review by the Fire
Department and to have that review first. Mr. McCormick said that staff will research this issue (and
check with the Fire Department) to determine where best to place the requirement that the Fire
Department review the preliminary plat, as the Fire Department review is not needed for a final plat.
Page 13: Change 300 feet to 400 feet (mid -page under 20.60.020 first paragraph).
Page 15: #6. Delete the first two lines so the section would begin: A record of survey of the property
shall be completed.....
There was also discussion on adding a clause that all newly created lots shall front on a public street. No
consensus on that at this time. Although not enumerated in these minutes, during the above process staff
mentioned numerous sections regulated by state statute and therefore not subject to change.
There being no further business, the meeting adjourned at 8:55 p.m.
AT
iristine Bainbridge, ity Clerk
Diana Wilhite, Mayor
Special Meeting Minutes: 01 -03 -07 Page 3 of 3
Approved by Council: 01 -23 -07