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2010, 10-19 Study Session MinutesMINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington October 19, 2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Rose Dempsey, Councilmember Kathy McClung, Community Development Dir. Bill Gothmann, Councilmember Mike Stone, Parks & Recreation Director Dean Grafos, Councilmember Rick VanLeuven, Police Chief Brenda Grassel, Councilmember Neil Kersten, Public Works Director Scott Kuhta, Acting Planning Manager Absent: Lori Barlow, Associate Planner Bob McCaslin, Councilmember Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6:00 p.m. At the request of the Mayor, City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember McCaslin. It was moved by Councibnenrher Grafos, seconded and unanimously agreed to excuse Councibnember McCaslin from tonight's council meeting. ACTION ITEM: 1. Lease Agreement with Community Colleges of Spokane — Mike Stone It was moved by Deputy Mayor Schinunels and seconded to authorize the City Manager or designee to execute the Center Place lease ivith Community Colleges of Spokane as submitted. Parks and Recreation Director Stone explained the lease proposal as he had during previous meetings; explaining that this is a one year lease for one room and that the square foot rental rate was determined after negotiation, and keeping in mind the city can use that space for computer training as well. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentious: None. Motion carried. NON - ACTION ITEMS: 2. Community Boulevard, Report to Council —Lori Barlow Planner Barlow explained that staff is aware that per Council direction, the Community Development Director has been working on the process to revoke the Subarea Plan, which discussion is scheduled for next week; but that tonight's discussion staff will continue with this district review as was done with all other zoning reviews in order to be consistent; and she mentioned that this is the last zoning district to be reviewed. Via the PowerPoint presentation, Ms. Barlow explained the procedure for conducting the community meeting, and the topics covered such as the permitted uses, nonconforming uses, business recruitment, flexibility for developer standards, height requirements, split zoning and residential buffering north of Apple way and those applicable regulations and appropriate staff comments; and she noted that concerning the nonconforming uses, council previously determined that nonconforming regulations would be discussed following the SARP review as nonconforming uses are regulated by the City's Municipal Code regulations which apply to properties city-wide. Ms. Barlow said normally the procedure would be for council to consider the comments and whether to send those issues that could be processed Council Study Session Minutes, October 19, 2010 Page I of 3 Approved by Council October 26, 2010 as a code text amendment, back to the Planning Commission for further review and recommendation; and to docket any other changes; and said based on next week's outcome, council might consider whether there would be benefit to pursue any code text amendments. Councilmember Grafos said although this will be discussed further next week on the entire SARP program, he wanted his concerns to go on record; that the situation has changed with the economy changing, said he feels a 2500 square feet video or film processing store in a two -story building on Appleway Boulevard, a road we don't own, isn't feasible; that he'd prefer to return to pre -SARP zoning, wants to restore the IP zoning on the back part of those properties which would turn H & H Building and Valley Best Way out of the nonconforming status they currently hold; he said he would like to have the 70% coverage restriction on the community boulevard removed; the two -story building restriction removed; return to the pre -SARP sign regulations; wants to remove the 2500 square foot size restriction; wants to remove the corner lot restriction on retail; wants to allow residential development on the ground floor; wants to remove the maximum setback of 30'; and wants to eliminate split zoning and the unique uses restriction. City Manager Jackson asked if Council would like staff to frame a motion for next week's council meeting, to send those items to the planning commission and pursue those changes, and Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grafos and Grassel concurred. Mr. Jackson said council still might want to consider the time element as there could be sixty to ninety days where a text amendment could be in effect while council continues working through the comprehensive plan amendments; and said Ms. McClung will address that further next week as well. 3 Special Events Code Amendment — Cary Driskell Acting City Attorney Driskell explained the history of the special event permit ordinance and the need for the participants to have successfully completed the Spokane County Incident Traffic Control program or its equivalent; and said that we have since learned that training is not available to the public; hence Mr. Driskell suggested including the "Washington Department of Transportation Flagger Certification" as adequate training; and said that change will be reflected in an upcoming ordinance amendment for council consideration. Councilmember Grassel asked Mr. Driskell how people access the training, whether it is available via Internet, and the time and cost involved; and Mr. Driskell said he will gather that information for council at the ordinance's first reading. 4 Panhandling Update — Rick VanLeuven Police Chief VanLeuven explained the process his department uses in enforcing the panhandling ordinance, including the importance of the two week warning and educational period; and he said he feels the ordinance has been extremely effective and his department has had better than expected compliance. 5 Semi -truck Parking — Rick VanLeuven Police Chief VanLeuven, as per his October 19, 2010 Request for Council Action form, explained his department's procedure in dealing with complaints about semi -truck and /or trailer parking; and said that of the 108 calls received, only five referenced a trailer or semi; and of those five, two were found to be legally parked, one left prior to the officer's arrival; one was involved in an active paving project; and one was found by the officer who contacted the owner who agreed to move the vehicle. Councilmember Grafos asked about Chief VanLeuven's authority over noise and Chief VanLeuven explained that this city has a noise ordinance and the Police Department has not received complaints about noise from semi - trucks, but that his department more handles parking violations; adding that our Code Enforcement Department handles various noise complaints. 6 Advance Agenda — Mayor Towey There were no comments, or suggested changes to the advance agenda. Council Study Session Minutes, October 19, 2010 Page 2 of 3 Approved by Council: October 26, 2010 7. Information Only Electronic Cigarettes and Urban Growth Area or discussed. Update ivere for information: only and were not reported 8. Council Check In — Mayor Towey Deputy Mayor Schimmels said that he and the City Manager Jackson and Public Works Director Kersten would be touring the Fishtrap recycling facility and he would have a further report after the tour. 19. City Manager Comments —Mike Jackson Mr. Jackson had no comments. EXECUTIVE SESSION Pending Litigation [RCW 42.30.110(i) It was proved by Deputy Mayor Schinunels, seconded and unanimously agreed to adjourn into Executive Session for approximately fifteen minutes to discuss pending litigation, and that no action is anticipated thereafter. Council adjourned into executive session at 7:00. At 7:35 p.m., Mayor Towey declared Council out of executive session; after which it was proved by Councihnember Dempsey, seconded and unarti»rously agreed to adjourn. The meeting adjourned at 7:35 p.m. ATTEST: Christine Bainbridge, City Clerk Council Study Session Minutes, October 19, 2010 Approved by Council: October 26, 2010 Thomas E. Towey, Mayor Page 3 of 3