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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. Council Regular Meeting 3 -09 -2010 Page 1 of 7 Approved by Council: 04 -13 -2010 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 Council Regular Meeting 3 -09 -2010 Page 2 of 7 Approved by Council: 04 -13 -2010 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 Council Regular Meeting 3 -09 -2010 Page 3 of 7 Approved by Council: 04 -13 -2010 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. Council Regular Meeting 3 -09 -2010 Page 4 of 7 Approved by Council: 04 -13 -2010 (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 Council Regular Meeting 3 -09 -2010 Page 5 of 7 Approved by Council: 04 -13 -2010 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. Council Regular Meeting 3 -09 -2010 Page 6 of 7 Approved by Council: 04 -13 -2010 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 �.-- Council Regular Meeting 3 -09 -2010 Page 7 of 7 Approved by Council: 04 -13 -2010