2010, 03-09 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, March 9, 2010
Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting
Attendance: City Staff
Tom Towey, Mayor Mike Jackson, Acting City Manager
Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney
Rose Dempsey, Councilmember Ken Thompson, Finance Director
Bill Gothmann, Councilmember Mike Stone, Parks & Recreation Director
Dean Grafos, Councilmember Kathy McClung, Community Development Dir.
Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney
Bob McCaslin, Councilmember [left at 7:15 p.m.] Karen Kendall, Associate Planner
Marty Palaniuk, Planning Technician
Inga Note, Traffic Engineer
John Whitehead, Human Resources Manager
Chris Bainbridge, City Clerk
INVOCATION: Pastor David Johnson, Valley United Methodist Church gave the ;invocation.
PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 412 led the pledge.
ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present.
APPROVAL OF AGENDA: It was moved by Councilmember Dempsey, seconded and unanimously
agreed to approve the amended agenda.
INTRODUC OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Gothmann reported that he attended a Health Department meeting and an upcoming
item is proposal of an accreditation method for that Department; attended the Council on Governance
meeting; said that the HCDAC (Housing and Community Development Advisory Committee) discussed
the HUD grant and will meet later this week concerning grants; attended the HUB open house; and said
that he is part of the Governance Committee and they met and have no recommended changes.
Councilmember Dempsey said she also attended the Council of Governance meeting and the HUB open
house; attended the Board Meeting for the Clean Air Agency where they continue work on regulations
concerning odors; and attended the joint meeting yesterday with the Council and Board of County
Commissioners.
Councilmember Grafos said he also attended yesterday's joint Council /Commissioners meeting.
Deputy Mayor Schimmels stated that he attended yesterday's joint Council /Commissioner meeting; met
with Mayor Verner and Commissioner Richard concerning starting a kick off study on regional
government, said several mayors were in attendance and they will put out a study on what is affordable;
attended the HUB meeting regarding their financial situation; and attended a three -hour executive session
at SRTC (Spokane Regional Transportation Council) regarding some employee issues, and said there was
no resolution to the issues.
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Councilmember Grassel said she met with representatives of the Sports Commission concerning the
lodging tax funding in order to get a better perspective of what they do and how they use the funds; and
she suggested recipients of those funds report quarterly to the Council on what they are doing to advance
tourism in the area.
Councilmember McCaslin said he attended the joint meeting through Councilmember Grafos, and said
that Mr. Grafos could speak up for him 99.99% of the time.
MAYOR'S REPORT: Mayor Towey said he met with members from GSI (Greater Spokane, Inc.); met
with the City's finance committee; attended the NE Mayor's Association meeting; attended the District 8
Fire District awards; and attended the joint meeting yesterday with the Council and County
Commissioners. Mayor Towey then read the March for Meals Proclamation, which was received by
Valley Meals on Wheels Executive Director Pam Almeida.
PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered.
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
02/23/2010
19627 -19663
$221,889.69
03/01/2010
19664 - 19696, & 226100020
$1,358,077.06
03/02/2010
19697 -19719
$94,403.14
03/02/2010
5001 -5005
$300.00
GRAND TOTAL
$1,674,669.89
b. Approval of Payroll for Period Ending February 28, 2010: $336,186.06
c. Approval of Minutes of Council Retreat Meeting of February 9, 2010
d. Approval of Minutes of Council Formal Meeting of February 9, 2010
e. Approval of Minutes of Council Study Session Meeting of February 16, 2010
f. Approval of Minutes of Council Formal Meeting of February 23, 2010
g. Approval of Minutes of Council Special Executive Session Meeting of March 2, 2010
h. Approval of Minutes of Joint Council/Planning Commission Meeting of March 2, 2010
It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the consent
agenda.
NEW BUSINESS:
2. 1 st Readina Proposed Ordinance 10 -005 UDC Code Amendment, CTA 08 -09 — Marty Palaniuk
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Dempsey and
seconded to advance the ordinance to a second reading at the March 23, 2010 council meeting. Planning
Technician Palaniuk went through his PowerPoint presentation explaining the proposed amendments, and
said that regarding the October 10, 2004 date stated in the ordinance, that date is when the permitting
process was put into place; he discussed the proposals to restrict fence heights in the front yard for all
zoning districts, and other amendments including the proposed changes for allowable use of barbed wire.
Council asked questions concerning fence heights and the front yards with the suggestion that the
proposal would make the first twenty feet of front yards unusable. Councilmember Grassel suggested
since discussions are forthcoming concerning suspending zoning in the SARP (Sprague /Appleway
Revitalization Plan), that perhaps this type of zoning should be tabled until after the SARP process is
determined, and Councilmember Dempsey noted that most of the proposals for this amendment are
clarifying the language, and she suggested moving the good changes forward instead of stopping
everything. Councilmember McCaslin stated that five members of this Council ran on the "positive
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change" format and part of that was to get rid of the SARP and that stance was a basis for being elected,
and he cautioned what this Council does with zone changes. Mr. Palaniuk mentioned that these
regulations would affect the entire city and not just SARP. Mayor Towey asked if a property owner put
up an eight -foot fence six years ago and it was destroyed, could it be replaced exactly as it was, and Mr.
Palaniuk responded that yes, provided it be done within twelve months. Councilmember Gothmann said
he would like to address the minor corrective changes, and have more information for the second reading
on questions concerning fence height in front yards in commercial and industrial zones, and said he would
like to hear the perspective of some of the industrial users. Mayor Towey invited public comments; no
comments were offered. Councilmember McCaslin called for the question (which is non - debatable).
Councilmembers voted on whether to call the question (stop discussion and vote on the pending motion to
advance the ordinance forward): In Favor: Mayor Towey, Deputy Mayor Schimmels, and
Councilmembers Gothmann, Dempsey, Grassel and Grafos. Opposed: Councilmember McCaslin.
Abstentions: None. Motion to call the question passed. Vote on the original motion to advance the
ordinance to a second reading: In Favor: Deputy Mayor Schimmels and Councilmembers Gothmann and
Dempsey. Opposed: Mayor Towey, and Councilmembers Grassel, McCaslin, and Grafos. Motion fails
and the ordinance does not move forward.
3. First Reading Proposed Ordinance 10 -006 Uniform Development Code Amendment CTA 01 -10 —
Karen Kendall
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Grassel to advance
the ordinance to a second reading. Assistant Planner Kendall explained the proposed changes via her
PowerPoint presentation, adding that this is a citizen - initiated change for a secondhand store to be
allowed in light industrial, with the criteria that the property must have frontage on an arterial, have a
minimum building size of 15,000 gross square feet, and be limited to a single tenant. In response to
council questions, Ms. Kendall said this minimum would be special for this particular use. It was also
noted that if council preferred to significantly change the planning commission recommendations, that the
ordinance would need to go back to the Planning Commission again; or that Council could consider this
ordinance now and consider reducing the square footage later as a separate action. Mayor Towey invited
public comment.
Dwight Hume, 9101 N Mountain View Lane, Spokane said he is the proponent of the amendment and is
here on behalf of a client; that the proposed secondhand store is large and it was the suggestion of the
property owner to have a minimum of 15,000 square feet; that to have such an establishment elsewhere
would be cost prohibitive; and he said staff has been very helpful,; that it is not the intent of the tenant to
have many users, and said he would like to have the rules suspended for a second reading, and conclude
this action tonight; that he is ready to go and is actually moving into the building on the presumption this
will be approved. After brief council discussion, Councilmember Grassel withdrew her motion; and it was
then moved by Deputy Mayor Schimmels and seconded to suspend the rules and adopt the ordinance.
Mayor Towey invited public comment.
Mike King, Commercial Realtor, 9300 E. Sprague said he is a commercial realtor in Spokane Valley;
that this proposal has some major flaws; said if this reverts back to the Planning Commission, the
prospective tenant would move on and move elsewhere and do something different because it would be
bureaucratic entanglement; the large square footage would be tailor made toward large charities and not
toward "Mom and Pop" businesses; and said that would be too big of a building so the "Mom and Pop"
would not be able to fall into that category and would move elsewhere; he said he proposes this be
advanced to a second reading but with a modification of 5,000 or even 3,000 square feet; and said that
15,000 square feet would be tailor made to large charities. Councilmember Gothmann asked if the
recommendation from Mr. King then is to set the minimum size at either 5,000 or 3,000 square feet so the
`Mom and Pop" stores can take advantage of industrial zoning; and Mr. King Confirmed that, but added
that doesn't mean all industrial zoning encompasses large buildings. Councilmember Grassel said the
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square footage is her concern as well, and said she feels Council would like to move this forward now,
and come back later for a review of lowering the square footage. Councilmember Gothmann indicated
his preference to have two readings, but said he would vote in favor of this motion as that is the motion
before him. Councilmember Grafos said that he understands that the Volunteers of America is the
proposed tenant; that he spoke with their manager Bill Mitchell who told Mr. Grafos that there are
twenty -eight to thirty-two jobs at stake, and he said he feels that is more important than a second reading.
Councilmember Dempsey mentioned her concern with the haste of passing this proposal; and said two
weeks would not make a difference but would give due process and permit others the opportunity to
comment. Mayor Towey said the Planning Commission held a public hearing on this matter, with a
unanimous vote (five to zero) in favor of moving this forward. Councilmember McCaslin asked the
Mayor for a roll -call vote. Mayor Towey stated that the motion on the floor is to suspend the rules and
vote on the ordinance as presented, with the 15,000 square feet verbiage. City Clerk Bainbridge
conducted the roll call vote: Councilmember Gothmann: yes. Councilmember Dempsey: Yes.
Councilmember Grafos: yes. Councilmember McCaslin: Yes. Councilmember Grassel: Yes. Deputy
Mayor Schimmels: Yes. Mayor Towey: Yes. The motion was passed unanimously.
4 Proposed Resolution 10 -006 Declaring Area near Broadway Surplus— Steve Wor
It was moved by Deputy Mayor Schimmels and seconded to approve Resolution No. 10 -006 for the
surplus of the triangular parcel 43B2 adjacent to 16608 E. Broadway. Public Works Director Kersten,
standing in for Mr. Worley, explained the situation with the proposal property as per the March 9, 2010
Request for Council Action form. Councilmember McCaslin recused himself and explained that Mr.
McKinley donated $10,000 to his campaign several years ago; Mayor Towey said that he has known Mr.
McKinley since they were children, but added he feels there is no conflict of interest; Councilmember
Grafos also noted he knows Mr. McKinley. City Attorney Connelly stated that donations lawfully made
do not constitute a conflict. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5 Motion Consideration: Authorization to Notify Comcast to Suspend PEG Fees and Reimbursement —
Cary Driskell
It was moved by Deputy Mayor Schimmels and seconded that we authorize staff to send a letter
substantially in the form as Attachment 1, requesting that the PEG fee payment and reimbursement by
Comcast be suspended until further notice from the City. Deputy City Attorney Driskell said Council
recently requested information on suspending the collection and payment to the City of the PEG (public,
education and governmental channel) funds that would be collected by Comcast; lie said the City awarded
a franchise to Comcast last December, and one of the terms was in exchange for the use of the City right -
of -way for them to operate their business, they would be required to pay to the City certain amount of
funds for PEG channels, which would amount to an estimated $400,000 to $450,000 for a five year
period, to be collected monthly from subscribers, which collection amounted to .35¢ a month per
subscriber; and said that Council asked staff to buy more time so that Council could discuss what, if
anything, Council wanted to do with the PEG funds; and he mentioned some possible uses would be
buying equipment and other hard assets to video -tape Council, Planning Commission and other meetings,
and said that this motion would have staff send the letter to Comcast to request suspending
implementation of Spokane Valley /Comcast Franchise Section 13.8 concerning Comcast remitting to the
City $150,000 and charging the subscriber .35¢ a month. Mayor Towey invited public comment; no
comments were offered. Discussion included mention by Councilmember Gothmann that Council is not
dropping the subject of whether to televise council meetings, but suspending the issue; Deputy Mayor
Schimmels said he didn't want subscribers to pay the .35¢ until a firm plan was established;
Councilmember Dempsey said the .35¢ would be paid by Comcast subscribers for the privilege of
watching televised broadcasts; and those who do not subscribe to Comcast would not pay the fee. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
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(added agenda item) It was moved by Councilmember Gothmann and seconded to award the
Broadway /Sullivan PCCP Intersection Project to the lowest responsible bidder, Acme Concrete Paving,
Inc. in the amount of $627,198.75. Public Works Director Kersten explained that this project is included
in the 2010 -2015 six -year Transportation Improvement Plan, which was previously approved; and he
explained the project per his March 9, 2010 Request for Council Action form; adding that the bids were
very competitive and came in under budget by several hundred thousand dollars; and by awarding this bid
tonight, it keeps the project moving forward. Mayor Towey invited public comment; no comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried. [Note: Councilmember McCaslin left the meeting due to illness at 7:15 p.m.]
PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered.
ADMINISTRATIVE REPORTS
6. District Court — Judge Vance Peterson and Court Administrator Virginia Rockw
Judge Peterson expressed his appreciation to come before Council and briefly explain the functions of the
District Court; and he introduced Court Administrator Virginia Rockwood, who lie explained, manages
the court and eight different judges. Judge Peterson discussed the different judges and what they do; said
without seeking additional funding, they are working to establish a veterans' court; he mentioned that last
year's budget was cut by 20% but thanks to a unique schedule, they have a full staff in Spokane Valley;
he mentioned traffic court and traffic and non - traffic infractions; misdemeanors and gross misdemeanors;
civil cases including small claims court; and he invited the Mayor and Council to attend the half -day
judges' meeting March 26, 1:30 to 5 p.m. here in this Council Chamber.
7. Detention Services Project — Lt Sparber
Lt. Mike Sparber and Sheriff Knezovich gave a PowerPoint presentation describing the detention service
project; explained about the site process and whether to build horizontally or vertically; that Geiger is
slated to close in 2013; discussed phased bonding options; staffing; the essential public siting process; the
ten sites being evaluated; and said the top three sites will be presented to the County Commissioners the
end of March, with the top site selected early April, with a target of putting phase one on the ballot April
2011.
Mayor Towey called for a recess at 8:05 p.m., and reconvened the meeting at 8:15 p.m.
8. Review of Land Use Regulations (SARP, Subarea Plan) — Mike Connelly/Kath y McClung
City Attorney Connelly explained that the purpose of this agenda item tonight is in response to Council's
request that staff explore the alternatives available to rescind part or all of the Spokane Valley Sprague
and Appleway Subarea Plan (SARP), which became effective October 15, 2009, which amended the
Comprehensive Plan Map and added Book One of the Subarea Plan to the Comprehensive Plan; along
with Ordinance 09 -021 which amended the Uniform Development Code by adopting Books Two and
Three of the Plan, effective October 15, 2009, amending the official zoning map, and which changed
zone classifications and conditions of development within the defined subarea. Per his March 3, 2010
Memorandum to Mayor and Councilmembers, Attorney Connelly explained the traditional
comprehensive plan amendment process, identified the process of use of an interim zoning regulation and
a moratorium; said that amendments to the Development Code must not be inconsistent with the
Comprehensive Plan, and explained that there are exceptions to the Comprehensive Plan Annual
Amendment Requirement, although he said it does not appear that any of those alternatives are applicable
in this case. Attorney Connelly went over some of the options council has, and said that council could
entertain a motion to place the repeal or modification of the SARP on the docket for comp plan
amendment consideration for early 2011, said that could be done by council action and does not require
any pre- notice or other public participation; said that Council could also immediately place on an agenda
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each of the sections of the SARP and break them into logical sections of study, go through each section
so council understands what that section means, and then council can tell staff what they want changed;
he said staff would note it for discussion, get a sense of what to change, and give council the feedback
concerning whether it would be consistent with the comp plan, or if such would not require any change to
comp plan; and said that staff could also bring forth all the economic data specific to any single topic, and
open discussion concerning the corridor and economic challenges it faces; and could bring all
transportation data collected and any additional studies as to one or two -way issue, or narrowing or
changing the street configuration. After reviewing relevant case law and other information provided in
the council packet, Mr. Connelly explained that if Council determines to repeal or replace or make
significant change to the subarea ordinance, that the safest method would be to immediately put a motion
on an agenda to consider this matter for the docket for consideration of a comprehensive plan change for
2011; and then to also put on an agenda in a series over the next few months, each section of Book Two
and Three for Council's review and determination if there are things which can be changed immediately
and which don't interfere with the comp plan.
There was council discussion about the process; whether it might be advisable to form a committee of
perhaps two council, one staff and four citizens to analyze and break the SARP into sections in order to
determine what sections are not compatible with investments; mention of going through each zone
category to determine what is or is not allowed; mention of the public participation process and of
hearings by the Planning Commission, with further public comment during Council meetings as
appropriate and of the importance of involving the public to participate; mention of the Milwaukee right -
of -way as related to this as the comp plan contemplates the extension of Appleway, and that the purchase
would likely not have an impact on SARP discussions, but the use of the right -of -way could, such as
keeping it on a future road plan; mention by Mr. Connelly that an interim ordinance could arguably be
supported if it were economic in nature, but a moratorium would not fit under any scheme and Mr.
Connelly said he would prefer not moving in a direction which could be challenged, such as a property
owner not agreeing with any action, or being challenged by the Center for Justice, which could prove
expensive. Councilmember Gothmann stated that he feels Council is assuming that SARP is evil; yet he
had a conversation with the owner of Quality Inn, who informed Mr. Gothmann that upon looking for a
city in which to locate his hotel, the first thing he looks at is the downtown area, and if there are nice
buildings, and a stretch of road with some kind of median with vegetation; and if there is a set of
regulations that show that the community cares about its future; summarizing that there are people who
believe that what we have is ideal, said he realizes there is a diversity of opinion, and suggested Council
define which direction to take, and to plan strategically; and he suggested Council proceed as Mr.
Connelly suggested. Council concurred.
9. Adult Entertainment — Cary Driskell
Deputy City Attorney Driskell explained the background of the City adopting the County's Adult
Entertainment Code, and said they have worked to clean up some of the ambiguities and provide code
regulations that define what constitutes adult entertainment, keeping in mind that adult retail is a different
issue; and he mentioned the case law is in the Clerk's office for Council's review; adding that if this
moves forward, he would like to include as a future item, changing the fee resolution to include a $1,050
appeal fee, which is the same fee as other appeals, and said this is revenue neutral as we seek only to
recover the cost of the appeal. Council agreed to have staff move forward as suggested.
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting to
9: 30 p. m.
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10. Proposed Amended 2010 Transportation Improvement Plan (TIP) — Steve Worley
Public Works Director Kersten said this is a housekeeping item, that the new TIP will be coming up soon;
that last year the 2010 plan was adopted and each year staff always comes back to amend the current year
as projects shift and change and we get additional grant funding; and he went over the proposed changes
as noted on his Request for Council Action form; and said there are sufficient capital project funds to
cover these 2010 costs; and the 2010 budget would be amended later to reflect the changes associated
with this change.
11. Advance Agenda
Councilmember Grafos said he would like to put on next week's agenda or as soon as possible, a motion
to repeal the SARP (Sprague /Appleway Revitalization Pan) and to look at the zoning component first.
City Attorney Connelly said he will draft a motion to cover that to consider amending the comprehensive
plan for 2011; and to consider what can be amended without going back to the Planning Commission.
There was no council objection.
INFORMATION ONLY: Crosswalks, Response to Public Comments, Response to Public
Correspondence, Community Development Monthly Report, and Retreat Brainstorming Follow -up were
for information only and were not reported or discussed.
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 9:05 p.m.
f _=s-tine'Bainbridge, t t
i Thomas E. Towey, Mayor
I, / t-
City Clerk �.--
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