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2010, 06-08 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, June 8, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, Acting City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Neil Kersten, Public Works Director Brenda Grassel Councilmember Kathy McClung, Community Development Dir. Lori Barlow, Associate Planner Absent: Karen Kendall, Assistant Planner Rose Dempsey, Councilmember Greg McCormick, Planning Manager Bob McCaslin, Councilmember Mike Stone, Parks & Recreation Director Mike Basinger, Senior Planner Carolbelle Branch, Public Information Officer Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: Pastor James Kashork of Holy Trinity Lutheran Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except Councilmembers Dempsey and McCaslin. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to excuse Councilmembers Dempsey and McCaslin from tonight's meeting. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported he attended a SNAP meeting. Councilmember Grafos reported he attended the Spokane Transit Authority (STA) meeting where they discussed collections year -to -date, and said there was a slight improvement last month over the previous month's decrease; but comparing 2008 revenues to 2010 revenues, said we are still about 10% behind or a $165,000 decrease in the general fund; and said he hopes to address some of these issues at the summer retreat. Deppjy Mayor Schimmels: reported that he attended a few subcommittee meetings, such as the STA Operations Committee; the SRTC (Spokane Regional Transportation Council) meeting, and the Solid Waste Liaison Board Meeting. Councilmember Grassel: no report. MAYOR'S REPORT: Mayor Towey stated that he participated with others across the state in a run to support Special Olympics. Council Regular Meeting 6 -08 -2010 Page 1 of 7 Approved by Council: 6 -29 -2010 PUBLIC CONIlVIENTS: Mayor Towey invited general public comments. Margaret Mortz, 3420 S Ridgeview Dr : said she has professional experience in data analysis, and did some number crunching concerning the data for the Broadway accidents; and summarized her handout of the methodology used, adding that there were two severe winters after Broadway was restriped to three lanes; she went over accidents from leaving a driveway and intersection accidents and concluded that since Broadway is a residential arterial, the reduction in driveway accidents by adding the center buffer lane is important and she recommended we complete the conversion of Broadway to three lanes west of Pines. Marc Mims, 15127 E 26 Avenue, 99206 he urged council to continue as planned with the Broadway safety project; said it seems there are a lot of misconceptions about where bikes belong and he stressed they belong and have a right to the roads and they are considered a valid vehicle; said he feels it is not appropriate as some suggested, to have bicyclists ride on sidewalks and said it is illegal to do so in many areas as it puts pedestrians at risk; he said this is not so much as issue of where bikes belong but a safety issue for the citizens using the roadways; he said there are some deep storm drain grates in the traffic lane, and if a cyclist rides close to the curb, their bike tire could actually get caught in the stormgrate which has the potential of causing serious injury; and he asked if the cycling community organized a community ride and provided councilmembers with bikes and helmets, would they be willing to take a tour on the roads to see what the issues are, and said he'd be willing to entertain that. Leonard Byrne 1302 N Skipworth Court, 99206: said he has lived here 35 years, and 32 of those have been within one mile of this office; said this is his neighborhood; and he spoke in favor of moving ahead with the Broadway safety project; he said the only place he's ever seen accidents were at the corner of Broadway and Bowdish and Broadway and University, and said those intersections very unsafe; and said left turns off Broadway onto Bowdish or University are unsafe and there have been t -bone accidents there; and he pleaded to have it re- striped; he said Broadway east of Pines is wonderful while Broadway west of pines is an accident waiting to happen. Dan Robbins Evergreen State Towing, 6511 N Perry, Spokane, 99217 said he wanted to talk about changing our municipal code; that he wants to open a towing and recovery business in Spokane Valley, said he has support from the County Sheriff, the Washington State Patrol, and the landowner; said the property is zoned industrial and he was informed that he would need to pave any property in the Valley; he said paving/developing properties would not be cost effective to his company and he would like to create jobs in Spokane Valley. City Manager Jackson said staff will research his concerns and report back to Mr. Robbins and to council. Ray Ward 13404 E 9 ffi Avenue, 99216: spoke about his concerns of allowing commercially licensed highway trucks and trailers in residential neighborhoods overnight and on weekends, and he asked if there is an ordinance to keep them out of neighborhoods; and said Millwood and the City of Spokane don't allow those trucks in residential neighborhoods. City Manager Jackson said we do not have an ordinance that prohibits that, and staff can research that and report back to Mr. Ward and to council. 1. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT 5/19/2010 5023-5029 $829.00 5/21/2010 20240 - 20267 $537,182.79 Council Regular Meeting 6 -08 -2010 Page 2 of 7 Approved by Council: 6 -29 -2010 5/21/2010 20268 - 20277 $32,608.26 5/28/2010 20307 - 20313 $46,993.79 GRAND TOTAL $617,613.84 b. Approval of Payroll for Period Ending May 31, 2010: $349,855.32 c. Approval of Formal Council Meeting Minutes of May 11, 2010 d. Approval of Study Session Meeting Minutes of May 18, 2010 e. Approval of Formal Council Meeting Minutes of May 25, 2010 f. Approval of Study Session Meeting Minutes of June 1, 2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 2 First Reading Proposed Ordinance Vacating Street (W of 16 and Kahuna) (STV 01 -10) — Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second reading. Planner Kendall explained the proposal as per her PowerPoint presentation, and mentioned that the conditions recommended by the Planning Commission are included in the ordinance language. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3 First Reading Proposed Ordinance CTA 02 -10 Code Text Amendments — Lori Barlow After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Gothmann and seconded to advance the proposed code amendments to a second reading of the ordinance at the June 15, 2010 council meeting. Planner Barlow gave a PowerPoint presentation addressing the batch code amendments, and said proposed changes include changing language to Chapter 17.20 to clarify that the developer is responsible to meet all code requirements, adding a reasonable use exception to the critical areas chapter 21.40, and amending Chapter 21.30.120 to be consistent with the most current Federal Emergency Management Agency (FEMA) Flood Insurance Rate Maps; adding that all three are city - initiated code text amendments, but the first two were as a result of a 2009 review by the Washington Cities Auditor's office that suggested these changes would better protect the city as it adds liability language. Mayor Towey invited public comment. Margaret Mortz said there was a problem in the South Hill area where a developer bought a package of land knowing it was marsh and he filled it, which led to large number of lawsuits so she feels this is good change; but said the section that states that the city planner has sole discretion seems unbalanced when talking about critical areas, and said perhaps this should be done by a consultant such as someone from the Department of Natural Resources, who have experts in critical areas rather than just have this a purely political process. Dick Behm, 3626 S Ridgeview Drive: said he filed the appeal for the revision of the Chester Creek floodplain in 2000 and at that time had no idea it would take ten years to accomplish; and he said he came here to thank staff, former staff member Marina Sukup; and current staff Deanna Griffith who kept people notified of the process, and said the result of the revision is removal of hundreds of homes from the floodplain which is immense for insurance purposes; and he again thanked staff for keeping people informed and for following through. In turn, Councilmember Gothmann thanked Mr. Behm for pursuing this. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Acceptin Collaborative Planning Agreement — Mike Basinger It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or designee to sign the agreement for services related to complete the collaborative planning effort. Planner Basinger said he provided a brief overview and rationale of this at the May 4 council meeting; and said the Collaborative Planning committee requests that the metropolitan cities make a financial commitment based on population, to identify a fiscally sustainable revenue and service delivery structure for Spokane Council Regular Meeting 6 -08 -2010 Page 3 of 7 Approved by Council: 6 -29 -2010 County; and that Spokane Valley's contribution would be $10,000, which could be taken from our general fund, thus reducing the carryover fund at the end of the year by $10,000. Mayor Towey invited public comment; no comments were offered. Councilmember Grassel asked if council would get a report at the end of the project, and Mr. Basinger said the consultant will provide a report to all the cities in working toward the goal of having a better understanding of some of the efficiencies that could be made in Spokane County. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Abstentions: None. Motion carried. 5. Motion Consideration: Mayoral Appointment to NE Washington Housing Solution Board of Commissioners — Mayor Towey Mayor Towey explained that there is an opening on the NE Washington Housing Solution Board of Commissioners, and he proposed to appoint Jack Beeching to the board, and noting Mr. Beeching in the audience, thanked him for his willingness to service in that capacity. It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayoral appointment of Jack Beeching to the Northeast Washington Housing Solutions Board of Commissioners, for a term beginning immediately and ending 1213112014. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Towey also extended thanks to outgoing board member Judy Butler for her past service of five years. 6. Motion Consideration: Broadcasting Options — Greg Bingaman It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager or designee to enter into and execute a month -to -month agreement with Community Minded Television for the broadcasting of City Council meetings. As a matter of disclosure, Councilmember Gothmann said he has given $3,000 over the past six months to this effort through the SVBA (Spokane Valley Business Association) to CMTV (Community Minded Television); and spent $240.00 of his own funds for production and distribution of the DVDs. Information Technology Specialist Bingaman explained that as per his Request for Council Action Form, council can continue this arrangement with CMTV on a month - to -month basis for $3,000 per month, regardless of the number of monthly meetings; and at council direction after Council's retreat, other options could be pursued. It was also noted these funds will come from the general fund. Mayor Towey invited public comment. Robert Foote, General Manager for CMTV thanked council for the opportunity, and said he is willing to reduce costs over time if possible, and hopes this will be a rewarding relationship for all. Peggy Doering, E 11522 Sunview Circle asked what happened with Comcast, and said she hopes this month -to -month will continue so we won't lose access to channels, and Mr. Jackson replied that the Comcast issue will be discussed later on tonight's agenda. Dick Behm 3405 E Sprague, for Spokane Valley Business Association said this has been a rewarding experience in sponsoring this program, and appreciates Council picking this up. Councilmember Grassel stated that the support is for the short term as she wants to look at all available options at the retreat, and said we need to focus on the Internet as well, and she would like to look at competitive bids for the television production. Mr. Jackson explained that the retreat will discuss the budget and some of that discussion will be how it relates to broadcasting, but the retreat will not include an exhaustive discussion on broadcasting, as council can address that at a later time. Vote by Acclamation: In Favor: Unanimous. Opposed None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. No comments were offered. Mayor Towey called for a short recess at 6:56 p.m. and reconvened the meeting at 7:11 p.m. ADMINISTRATIVE REPORTS 7 Public Educational Government (PEG) Funding, — Cary Driskell Deputy City Attorney Driskell explained the issues and potential consequences of a proposed motion that Council asked staff to draft, concerning cessation of the collection of public, educational and governmental (PEG) funds through the Comcast franchise, and said that franchise was originally Council Regular Meeting 6 -08 -2010 Page 4 of 7 Approved by Council: 6 -29 -2010 negotiated, written and adopted in contemplation of collecting the PEG fees, and continued to explain that it opens the possibility of Comcast wanting to negotiate other items in the franchise; that the .35¢ per month per subscriber was also adopted in language in the City Code 3.65, and if the City seeks to suspend collection of the PEG fees through the franchise, it must also amend the Code; that the franchise and the Code require the City enter into contracts with any entities that would provide PEG channel programming through the franchise, and this would include Channel 14, and Spokane District 81, Gonzaga, University of Washington, Washington State University, Eastern Washington University, and the Community Colleges of Spokane (channels 15 -19). Mr. Driskell said the City of Spokane has executed contracts with CMTV, CCS and District 81; and Spokane's contracts include payment of PEG fees to each entity; and when Spokane Valley negotiates with these entities, they may require funds to sign an agreement, and if we cannot agree on contract terms with each entity, Comcast could rely on the terms of the franchise and the City Code and refuse to provide those channels because there would be no contract, which could be very problematic for residents who rely on those channels to take college classes. Mr. Driskell said an option might be to re- negotiate section 13.2 of the franchise and said he would present that as part of next week's motion. Mr. Driskell said a question was posed to him if Comcast is required to have those channels, and in response Mr. Driskell said federal law only states channel capacity be designated for PEG, but doesn't require any more than that; and said a FCC interpretation of that act is that cable companies don't need to provide that but government entities can negotiate for capital funding, which he explained is what we did; we negotiated a governmental channel; that channel is dark now but the capacity is there; and he explained that we could use PEG funds for capital needs but they would not be required to pay for broadcasting in Spokane Valley; and similarly for Education, there is no obligation that Comcast provide that. Councilmember Gothmann said that the Community College is reimbursed by Comcast after presenting a bill for capital equipment. Mr. Driskell said in the franchise, there is the opportunity for Comcast to give us a certain amount of funds for PEG fees; and if we don't spend up to the amount in the franchise, Comcast could come back and reduce the PEG collection by a certain amount; and he said it is not intended to be a hard cap but tailored to needs. 8. SARP (Subarea Plan) Report to Council re Public Meeting Comments — Lori Barlow Planner Barlow explained that this discussion continues as part of Council's review of the Gateway Commercial Avenue and Gateway Center Zoning Districts within the Subarea Plan; she gave a re -cap of the May 20, 2010 public meeting and of the process used to advertise for and hold the meeting; and via her PowerPoint presentation, went over the areas of concern as a result of the meeting, and asked that Council keep the following in mind for each concern: to send an issue to the Planning Commission as a code text amendment; identify which direction staff should take, something to add to the annual docket for annual comprehensive plan amendments, the option of taking no action, and to provide other direction to staff. In response to Mayor Towey's statement that it appears all except one issue are code text amendments, City Attorney Connelly said some of that could change once council specifically directs staff further, and to keep in mind that Council has already by motion placed the whole subarea plan on the docket. City Manager Jackson added that staff will shape tonight's direction into a straightforward motion so all will be clear on the issues to vote upon before Council at their next meeting. The following are the issues presented and the direction for each issue: Issue #1: Maximum Front Setbacks (vehicle display options) Send to Planning Commission to have them consider reducing or extending or eliminating the setback distance; they to have that discussion and consider all options. City Attorney Connelly said after sending these to the Planning Commission, then we can look at those issues under the comp plan under these two different zones. Issue #2: Free Standina Sian Limits on Double Frontage Lots Send to Planning Commission to examine ways to increase signage within the current sign code. Council Regular Meeting 6 -08 -2010 Page 5 of 7 Approved by Council: 6 -29 -2010 Issue #3: Reduction in Uses Fashion a motion for the Planning Commission then look at other options for doing the whole comp plan. Issue #4: Accessory Structures Council consensus to clarify in the code that accessory structures not impacted. Issue #5 & 6: Minimum Buildiniz Frontage Requirement Comp plan change: eliminate the requirement that buildings frontage greater than 50% of the lot width in the Gateway Commercial Center; and greater than 30% of lot width in the Gateway Commercial Avenue. Issue #7: Trees versus Signage It was determined that signage issues will be addressed later. Issue #8: Development Regulations on Double Frontage Lots City Attorney Connelly said the five -acre maximum and building orientation likely intertwines with the comp plan and should probably be best addressed when they get to that area; so staff will add this to the list of things to discuss when we go through the comp plan. Issue #9: Signage Related to Brand Requirements Examine the issue of wall signs 15% instead of 25% and that wall signs are now only allowed below the second floor. City Attorney Connelly suggested those could be addressed as part of the package to send to the Planning Commission. #10 Replacing Non - Conforming Structures/Use The question arose to consider this totally for the SARP or wait until we get to other zones, and Council determined to wait until we get to other zones. In other discussion, Councilmember Grassel asked about the 80% destruction of a building and if that could be 100% building destruction for the entire city, and Attorney Connelly explained that if we change that regulation to 100 %, the nonconforming uses would continue forever; which is not the intent, and said Council's opinion could change once we get to the mixed use are; that Council could examine 100% just in the subarea plan, but we would not apply that regulation city -wide. 9. Advance Agenda Councilmember Gothmann mentioned last summer's swimming scholarship fund for local people and of the need to provide that again this summer, and Mr. Jackson said that has been set up and an information item will be included in next week's council packet on that topic. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting to 9: 30 p. m. Councilmember Grafos read the following statement: "Mr. Mayor: Councilman Gothman presented us with over 60 examples of one way versus two way road conversions from across the United States, Australia and Canada. These road conversion from one way to two way seem to have one common characteristic. They are examples within downtown City Centers. However, for the City of Spokane Valley the creation of the Valley Mall has shifted the Economic Center of the City (a place where we buy goods and services) to the Sullivan Rd/Mirabeau Park Area. It has also shifted the Community center of the City to the Mirabeau Park area. Our Community Life is alive and well and this fact is evident when our citizens speak of CENTERPLACE, its community orientated activities, its parks and events, now the Discovery Playground. This is our City Center. The issue of one way versus two way traffic at University City needs to be uncoupled from the grand boulevard envisioned by the Sprague Appleway Reallocation Plan, (SARP). Private funds, not public taxpayer dollars should re- develop the University City area. New Council Regular Meeting 6 -08 -2010 Page 6 of 7 Approved by Council: 6 -29 -2010 destination type businesses can be encouraged by some realistic infrastructure enhancements, possible tax abatements and a welcoming business friendly local government. Although the citizens of this city have indicated time and again that they do not want more tax dollars spent reversing traffic around University City, the prior council approved this change. I was elected to the City Council pledging to the taxpayers that I would not vote to change the traffic around the couplet and U -City back to two way without the consent of the taxpayers. This issue should be put on the General election ballot in November. Settle this issue once and for all. This issue needs to be resolved and the taxpayers should have the final say. The cost of putting this issue on the November 2010 General Election ballot has been estimated by Vickie Dalton's office at about $12,000.00. If the council wants this issue on the ballot we must inform the County elections office of our intent by August 1, 2010. A special election at a later date on this issue would cost in the neighborhood of $100,000.00. Each traffic direction revision as developed by staff should be placed on the ballot with the complete cost to the taxpayer (traffic signal revision, right -a -way purchases, sidewalks, landscaping, etc.) clearly stated on the ballot after each traffic revision. If we are ever to have a common sense direction to move our city forward we need to resolve this issue. I would like to see this issue brought back to the council for a motion as soon as possible to see if this issue can be put on the ballot for a vote in the November General Election." Mayor Towey and Deputy Mayor Schimmels agreed with the idea of putting this issue on the November ballot, to get the cost involved, and let the voters decide. Councilmember Gothmann added that we should also inform our citizens of the arguments for and against the proposition. Councilmember Grafos also mentioned a May 17, 2010 article from the National League of Cities publication "Cities Weekly" addressing finding new uses for abandoned commercial property. Councilmember Grafos further mentioned an article addressing a view of Peter Gordon, UCLA Professor, who has studied the way a number of cities have changed and how they manage change, and that in highly regulated cities, developers are likely that a change or relocation is `not in accordance with our plan' but in lightly regulated cities, proposed changes are more likely to be accommodated, provided they properly manage any adverse effects. Councilmember Grassel said regarding the request by the Towing Company to review our code regarding parking, that we move that as an urgent matter to perhaps the June 29 meeting. Mr. Jackson said the issue will be addressed next week as an administrative report, and then the issue could be forwarded to the Planning Commission. INFORMATION ONLY: Justice Assistance Grant (JAG) was for information only and was not reported on or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:25 p.m. ATTEST: Christine Bainbridge, City Clerk Council Regular Meeting 6 -08 -2010 Page 7 of 7 Approved by Council: 6 -29 -2010