2010, 07-13 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, July 13, 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
Cary Driskell, Deputy City Attorney
Rose Dempsey, Councilmember
Ken Thompson, Finance Director
Bill Gothmann, Councilmember
Kathy McClung, Community Development Dir.
Dean Grafos, Councilmember
Mike Stone, Parks & Recreation Director
Brenda Grassel Councilmember
Neil Kersten, Public Works Director
Bob McCaslin, Councilmember [arrived 6:10 p.m.]
Greg McCormick, Planning Manager
Christina Janssen, Assistant Planner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: In the absence of a Pastor, Mr. Jack Dempsey 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
Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed
to excuse Councilmember McCaslin from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Gothmann: reported that he met with the City's Lobbyist Ms. Briahna Taylor and
discussed the issue of Canadian trucks traveling through our community; mentioned that this legislative
session will be addressing significant budget shortfalls and grants awarded but not spent could be in
jeopardy; he attended the celebration honoring Dick Behm and his work with FEMA and the floodplain
issues; and attended the City's auditor's entrance meeting.
Councilmember Dempsex said she attended everything Mr. Gothmann mentioned, and also attended a
short Clean Air meeting.
Councilmember Grafos: said he met with the Homebuilders Association and discussed some important
issues and he asked Mr. Jackson if he would meet with that group and listen to their comments. Mr.
Jackson replied he would be happy to do so.
Deputy Mayor Schimmels reported that he also attended the auditor's entrance meeting; attended the
Operations Committee meeting with the STA (Spokane Transit Authority), and last Thursday had a SRTC
(Spokane Regional Transportation Council) board meeting and a committee meeting yesterday; and said
he will be leaving town next week.
Councilmember Grassel: said she was also invited by the Homebuilders to talk about SARP; and attended
the auditor's entrance meeting.
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Approved by Council: 07 -27 -2010
MAYOR'S REPORT: reported that the meeting with the lobbyist was very informative; attended the
City's state auditor's entrance meeting; said today's budget retreat was very informative and everyone
went through a lot of material, and said staff did an excellent job in presenting a clear picture of where we
are now and some choices that council will make in future. Mayor Towey then read a proclamation
proclaiming July as Parks and Recreation Month; which was received by Parks and Recreation Director
Mike Stone, who explained that this a national recognition, and he thanked Council for the support and
urged all citizens to take advantage of the wonderful city and region in which we live, and to enjoy the
many programs and services provided.
Mayor Towey recognized the entrance of Councilmember McCaslin to tonight's meeting.
PUBLIC COMMENTS: Mayor Towey invited general public comments.
Steve Wilson, 16517 East 24` Lane, 99037: said after listening and discussing what transpired at the
meeting last week, he was disappointed, ashamed and embarrassed; said he is not reading from a prepared
statement tonight; he told Councilmember Grafos how embarrassing that situation was, and said he heard
no apology today; and said that the Boy Scouts come to these meetings and see these kinds of activities
that develop here while they focus on kindness, cheerfulness and obedience but they heard nothing like
that last week; he apologized to the staff for the minimization of their hard work that seems to take place;
and said if Mr. Grafos treats his peers that way, how would he treat a private citizen; said his father was a
World War II vet and after reading the comments in the newspaper last week, he said that Mr. Grafos'
conduct was unbecoming, and that there was no apology; and said he is not sure the leadership Mr. Grafos
is promoting is what he can embrace. Deputy Mayor Schimmels said that they are trying not to attack any
one personally on the council, said he won't name any names, but Mr. Wilson should have come to the
prior week's meeting and the same situation existed with another person involved, so he needs the whole
story. Councilmember McCaslin added that elected officials always hear when a citizen thinks you've
made a mistake, and we all make mistakes, but it would be nice to hear something nice once in a while;
and that he isn't defending what was going on as he wasn't here. Councilmember Dempsey added that
she received a very positive e-mail from Fire Commissioner Nesbit who expressed thanks for what
Council does.
Mark Henderson, Pool Worlds, 831 S Shelly lake Lane, 99037: concerning the SARP project, said he
owns property near the Target Store, 13524 E Sprague and is approaching 35 years there; that during this
SARP re- zoning, their property split into two different classifications, and they view that as bad for
business and the future value of the land; his property has numerous restrictions on use: no bank, or
bowling alley, and said there are numerous restrictions on what you can't have compared with prior to
SARP and with the County; he said now it's mixed use avenue for part of it then residential boulevard
along Second Avenue, and said he can't use that property for any future business use; that he had plans on
how to re- configure it but now because of residential boulevard, those plans are useless; said he worked
for over 34 years to buy that property and now the value and usefulness of that property have been
severely injured, and if he tried to sell the property the new owner's ability would be severely restricted;
he said the SARP regulations will drive business out of the corridor and maybe out of Spokane Valley.
Marshall Clark, 2320 N Atlantic Street, 99205 explained that he has property in Spokane Valley and
owns Clark Pacific Real Estate Company; said when the revitalization plan came about he wrote to the
planning staff and the then current council to ask them to consider some of the impacts some of the
changes would have on property; his property is at 6630 E Sprague and has Starbucks and Super
Supplements on it in that triangle; he said the trunk line that takes the sewer from the valley goes through
his property; he accepted that easement and built on that as best he can avoiding that trunk line; said he
explained this to staff when passing new regulations and explained that to the former mayor both verbally
and in writing, but said no provision was made; he said if it burned down or were destroyed, the area
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Approved by Council: 07 -27 -2010
would have to be built up to the front, but said he couldn't physically do it as would violate the easement;
and said he would like to see the ability to build back away from the street and make a code provision to
address situations where you can't physically meet the provisions; he said he would like to see Council
put the zoning back, or keep the zoning but put back the uses allowed in the B3; said he understands he
can't do a bank or a sit -down full service restaurant, and there are a number of uses you used to do but
can't do now; said there was a tenant looking in town for ten acres but can't find ten acres of contiguous
property; he said a road is planned about every 600 feet and he asked what about if you have a very large
parcel; and said again he would like to see pulling back these regulations, and he knows these issues are
being worked on. Mayor Towey said he can't go into discussion of the SARP now, that this Council has
chosen to step back and take a good look and find the areas that need changing, and he hopes the public
will be patient as Council goes through the process, and said he feels once that is done, it will be a lot
better.
Carlos Landa, 12019 E Sprague, 99206 regarding the couplet between University and Argonne, he said
he contacted some of those property owners, and also talked to staff; said he understands those mentioned
concerns, and said he's wondering if those people know that they're going to have a one -way street in
front of them; he said the comp plan was passed to change it back from University to Argonne; he said
permitting and making decisions, getting appraisals in that area are based on the two -way street; the
zoning is one issue but the street is the big thing, said he doesn't think any retail will live there and likely
the only thing viable in that area is auto row, and as long as the decision hangs overhead, it will be
detrimental to the community.
Dick Behm, 9405 East Sprague Avenue, 99206: said last week Council surprised him by giving him his
own day July 6, 2010, that he was caught by surprise and didn't think he thanked everybody who
participated, especially Deanna Griffith who shepherded this thing through and followed it through; and
he expressed thanks to Kathy McClung and council and others. Councilmember McCaslin thanked Dick
for his work.
Troy Dilley, 2400 N Wilbur Road, #150, 99206 he said that the City of Spokane passed an ordinance
concerning an ombudsman and asked if we did. Mayor Towey replied that we have not, and City
Manager Jackson said that has not been discussed and there has been no event that would prompt a
discussion in that regard.
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
W/VOUCHER NUMBERS:
TOTAL AMOUNT
06/24/10
20447 -20466
$120,489.45
06/25/10
20467 - 20500; 618100030
$468,632.94
06/29/10
20501 -20513
$23,836.68
07/01/10
5061 -5074 (park funds)
$1,689.00
07/02/10
20521 -20561
$287,346.43
GRAND TOTAL
$901,994.50
b. Approval of Payroll for Period Ending June 30, 2010: $359,227.40
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent
agenda.
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Approved by Council: 07 -27 -2010
NEW BUSINESS
2. First Reading Proposed Ordinance Extending Time for Franchise Acceptance — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to advance the ordinance granting a second extension of time for acceptance of the cable
franchise, to a second reading. Deputy City Attorney Driskell reiterated the situation as previously
explained about the complexities in getting all required signatures; and that this will extend the
acceptance time to August 11; and that Comcast is putting a package together along with the PEG fee
materials, and all will come back together, and this extension is the needed formality since a specific
timeframe was set in the franchise. Mayor Towey invited public comment; no comments ere offered.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
3. First Reading Proposed Ordinance, Panhandling„ Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to advance the ordinance amending solicitation activities to a second reading. Deputy City
Attorney Driskell said that this issue has been before Council several times now, with the last time June
15 when a draft ordinance was proposed; and said there will likely be other changes made to what is
presented tonight, but that the changes will not be substantive, but just to clarify a more in -depth
discussion for the second reading, including a definition of median taken from the WAC (Washington
Administrative Code), and language about ride solicitation will be removed as that is covered in the
Model Traffic Ordinance which has been previously adopted. He explained that the essential nature of
this ordinance would regulate some panhandling, but the core of it would still focus on pedestrians
soliciting from vehicle occupants provided no physical contact is made with the road. He further
explained that the Ninth Circuit Court of Appeals recently rendered an opinion regarding an ordinance
from Redondo Beach, California which ordinance had some prohibitions on solicitation that went further
then what we have proposed; that it went before a three panel court which issued an opinion upholding as
constitutional under the federal Constitution, a city ordinance making it unlawful for any person to stand
on a street or highway and solicit, or attempt to solicit, employment, business or contributions from an
occupant of any motor vehicle. Mr. Driskell said that the plaintiffs have appealed the decision seeking a
review of the three judge panel and if the ordinance is upheld by the Ninth Circuit, then the only appeal
remaining is to the United States Supreme Court. Attorney Driskell said until the final appeal of the
Redondo Beach case is decided, it is uncertain whether an ordinance prohibiting in- person solicitation
would be held constitutional, and said staff recommends if Council wants to copy what Redondo Beach
did, Council might want to wait until the full court decision is made, and said our draft ordinance does not
include sidewalks at this point.
Discussion ensued and Councilmember Gothmann asked about major and minor arterials and collectors
and if a principal arterial includes those classifications; and Mr. Driskell said he would have to research to
make sure the definition is the busiest classification that is identified. Councilmember Grassel said she
feels this is much better than what we currently have and feels this would give more "teeth" in addressing
the situation and said she noticed that many cities in Washington have more restrictive solicitation and to
her knowledge none have been sued, and would like to see us move ahead and include specific sidewalks
similar to the ordinance of Issaquah, and said that would give the police the authority to tell people that
this is not going to be allowed as now we don't have such message; and she said people are tired of
panhandlers, adding that she feels we don't have to be so overly cautious at this point. Mayor Towey
added that he feels what we have now is low risk and this would be moving up to a medium risk and he
asked how long it might take the court to decide, and said the ordinance can always be changed later.
Attorney Driskell said the court could take twelve months for a decision, and confirmed our ordinance
can be changed at any time. Councilmember Dempsey stated her preference for moving this as a medium
level instead of going into more stringent regulations. Councilmember Grafos said he would like to move
it ahead but include the sidewalks. Deputy City Attorney Driskell said that is an option but there is some
risk involved, and if we are sued and it turned out it was a constitutional violation, there would be
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Approved by Council: 07 -27 -2010
damages involved. Further discussion included Spokane City's regulations; mention by Mr. Driskell that
Redondo Beach is a case where the city was sued, adding that the City of Phoenix has been sued over
similar issues and there are many cities which have been sued where it was contended that violation of
First Amendments Rights occurred and that Issaquah and Tacoma have not been sued to date, but it
doesn't mean they are not at risk. There was also further suggestions of simply changing the phrase "not
sidewalks" or changing all similar phrases to "include sidewalks." Council determined to have staff
address these issues and bring the ordinance back for a second reading, at which time amendments could
be discussed, and for staff to work on a compromise for a second reading that includes more input, or
perhaps even bring forth both renditions (with and without sidewalks). Mayor Towey invited public
comment.
Mike King, 9300 E Sprague: in addressing principal arterials, or arterials and collectors for purpose of
safety, he suggested that would not address such things as lemonade stands and he said he would like to
hear comments from the Sheriff's Office at the second reading regarding how to enforce this and
suggested having a ticket fee steep enough to deter panhandling.
Troy Dilley, 2400 N Wilbur: said he is glad Council is stepping up to address this and asked if adopted,
would it be enforced. Mayor Towey said he has confidence in the Sheriff's Office and Police Department
that they would uphold the law to the best of their ability.
Ian Robertson 1716 S Rotchford Drive Spokane Valley: expressed his appreciation to Council for
working on this; and said that his group's big push is to educate the public to discourage giving and of the
effort to publicize about the many organizations that can help; and he said they have several grocery and
hardware stores who will be participating in the bar coding public relations campaign.
Carlos Landa, 12109 E Sprague said he has concerns that if our legal staff puts in sidewalks, and Council
gets into the free speech issue, that the City could get sued; and said if you get sued you will incur
damages; and said he feels Council needs to hear that from staff because if Council says it would move
forward anyway and risk the possibility of getting sued and of damages, that Council would be acting
somewhat reckless.
It was agreed when this issue is brought back, that Chief VanLeuven will be available for input. Vote by
Acclamation on the motion to advance the ordinance to a second reading: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS: Mayor Towey invited general public comments; no further comments were
offered.
ADMINISTRATIVE REPORTS
4 Code Text Amendment CTA -03 -10 (Sera ug a / Appleway) — Christina Janssen
Via her PowerPoint presentation, Assistant Planner Janssen went over the proposed code text
amendments (CTA 03 -10), which would amend Chapter 19.140 to give the Community Development
Director authority to grant administrative exceptions for minor design changes to the Sprague and
Appleway Corridors Subarea Plan; to amend Chapter 2.2.2 (Building Use) Sprague and Appleway
Corridors Subarea Plan to allow full service restaurants as a permitted use in the Mixed Use Avenue
Retail zone, and to amend Table 2.2.2 Sprague and Appleway Corridors Subarea Plan to allow restricted
access to "other streets" in the Mixed Use Avenue zone. Councilmember Dempsey asked about making
changes to address the triangle portion of property brought up by Marshall Clark during public comments,
and Community Development Director McClung said that unless there is other language in the Code
which would address that, she would use the provision of "Community Development Director's authority
to grant minor exceptions" for that situation. Councilmember McCaslin asked how that would be gauged
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Approved by Council: 07 -27 -2010
as "minor" or "major" are subjective terms; and Ms. McClung said that while it is a judgment call, she
would base her decisions on her years of experience, and if she was not comfortable with the exception as
being "minor" then the applicant would have to use another method instead of the administrative decision
method, and if she felt such would be in conflict with the comp plan, or would impact neighboring
property, that would not be minor. There were no objections to move forward with this item.
5. Mixed Avenue Report Back to Council — Scott Kuhta
Standing in for Senior Planner Kuhta, Community Development Director McClung explained that she is
here tonight to report to council the comments received as part of the public meeting held on the topic of
the Mixed Use Avenue District Zone. Concerning the previous comment about "putting everything back"
prior to the SARP zoning, Director McClung said staff could look at adding more uses, but to put
everything back would be a comp plan amendment; and concerning the comment about nonconforming
uses and replacing buildings if destroyed by fire, she said those comments are similar to those heard about
insurance or mortgage costs, and that could be pursued as a code amendment. Councilmember Grassel
asked when Council might get a list of what requires what kind of change, and Director McClung said
probably after the November 1 deadline for comp plan amendments, as at that point they would have
everything staff has been asked to examine; so council could likely start the process in January, and in
addressing Councilmember Grafos' question about when text amendments can be made, Director
McClung said that code text amendments can be made at any time and said in a few weeks, staff will
bring a motion consideration to council to forward issues to the Planning Commission, as they did
previously.
After Director McClung went through the PowerPoint presentation, the following issues were addressed:
Issue #1, Permitted Uses: Director McClung said that boat sales are pending at the Planning
Commission level, full service restaurant was already pending so those two issues have been addressed.
Councilmember Grafos said he would like to see vehicle sales in the mixed -use area, and Mayor Towey
and Deputy Mayor Schimmels agreed, while Councilmember Dempsey disagreed; thus there were at least
three councilmembers who would like to see that proposed change.
Issue #2: Nonconforming uses: it was agreed to handle this the way it was handled before and wait until
the end to look at nonconforming issues for the entire city since it is a citywide regulation.
Issue #3: Setbacks and Parking: the suggested change would be a comp plan change so parking would
be allowed in front of buildings.
Issue #4, Additions, Expansions, Reconstruction: Director McClung said the comments at the public
meeting were not specific as to what change should be made, and that this would be a code text
amendment. It was decided to change the trigger to 80% instead of 50% concerning reconstruction. City
Manager Jackson asked if this applies only to the SARP and Director McClung confirmed it does.
Issue #Architectural Standards. Director McClung said the public meeting comments were generic
about being too costly, but she said the changes could be done fairly simply, and if council wanted this
addressed, it would be a code text amendment. It was determined to put this on the "back burner" for a
while and see if it comes up in any of the remaining community meetings.
Issue #6 Prelocated Streets: council decided to look at different options, and Deputy City Attorney
Driskell said that Attorney Connelly would want to weigh in on this to ensure there would be a firm legal
basis for criteria for requiring streets.
Issue #7: Signage. Director McClung said that the comments were generic and previously council
decided to address signage citywide.
Issue #8: One -way vs. two -way. Director McClung said they received comments in support of what is
already in the plan, and it was determined to wait to change as this issue is coming back for ballot issue
discussion.
Community Development Director McClung said another issue that came up tonight is about making
provisions for easements, and she assumes that is not addressed in the code, and if not, it should be; and
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Approved by Council: 07 -27 -2010
council concurred that should be added. Director McClung also mentioned she will contact the individual
who had the property on two different zones in order to speak to his specific concerns. In response to
question, Planning Manager McCormick said the absolute deadline for submitting comp plan changes is
November 1, that the code requires a pre - application meeting before they can make that submission, so
that would necessitate a pre - application meeting mid - October.
Mayor Towey called for a recess at 8:00 p.m. and reconvened the meeting at 8:15 p.m. Councilmember
McCaslin did not return after the brief recess.
6. Subarea Plan (SARP) Check -in — Kathy McClung
Community Development Director McClung said she has provided Council with everything they have
done so far, that there are projects in process and other issues pending, and asked Council to let staff
know if they want to change anything; she said the schedule will be pushed back a little as they found
they did not account for the timing it takes to transcribe the taping of the meetings. There were no
suggestions or comments from council.
7. Greenacres Neighborhood Park Funding — Mike Stone
Parks and Recreation Director Stone explained that to date, the City has received $500,000 in direct
appropriations from the state for the development of Phase 1; and funding for the completion of phase 1 is
not currently available; that phase 1 is estimated to cost $1,580,000; and recently the finance committee
discussed several funding options, one of which would be to use the $500,000 state funding, and
$200,000 from the civic facilities fund and the remaining balance from the Parks Capital Fund, and he
mentioned that amount of money would deplete the parks capital fund. He said under this proposal, we
will forgo the park acquisition funding, but said he thinks the Greenacres funding is top priority and the
neighborhood is extremely favorable to this project's completion. Council concurred to move this item
forward by bringing it back next week for a motion consideration.
8. Advance A . eg_nda There were no suggestions for changes.
INFORMATION ONLY: The following items were for information only and were not reported on or
discussed: Community Development April /May Report; Transportation Improvement Board Call for
Projects; Street Superintendent Position; Establishment of Maintenance /Construction Inspector-
Mechanic Position; Law Enforcement Interlocal Agreement; Smart Routes Call for Projects.
EXECUTIVE SESSION N/A
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:24 p.m.
Christine Bainbridge, City Clerk
Council Regular Meeting 7 -13 -2010
Approved by Council: 07 -27 -2010
omas E. bwey, Mayor
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