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2011, 01-04 Study Session MinutesMINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington January 4, 2011 Attendance: 6:00 p.m. Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney Rose Dempsey, Councilmember Mike Stone, Parks & Recreation Director Bill Gothmann, Councilmember Ken Thompson, Finance Director Dean Grafos, Councilmember Neil Kersten, Public Works Director Brenda Grassel, Councilmember Kathy McClung, Community Development Dir. Bob McCaslin, Councilmember Karen Kendall, Associate Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6 p.m. Proclamation: In Honor of Richard Munson. Mayor Towey spoke of former Mayor Rich Munson's dedication to Spokane Valley, and said he felt it appropriate for the three councilmembers who worked with Mr. Munson, to share in the reading of the proclamation; after which a section of the proclamation was first read by Councilmember Gothmann, then Councilmember Dempsey, followed by Deputy Mayor Schimmels, and ending with Mayor Towey. Former Mayor Rich Munson's son Mark Munson received the proclamation and expressed thanks to everyone for honoring his father, adding that his father loved his involvement with this city and its staff. 1. Petty Cash Resolution — Ken Thompson Finance Director Thompson explained that the purpose of this proposal is to increase petty cash by $100.00 for the receptionist so she doesn't have to get petty cash replenished every week; and said he would like to bring this resolution back next week. There were no objections from Council. 2. Senske Contract Update — Mike Stone Parks and Recreation Director Stone explained that he had been negotiating with Senske Lawn and Tree Care for the last several months for this contract; that the park maintenance services were publically bid in 2009 for a new contract for 2010; that Senske was the low bidder on the new 2010 contract; the new contract was approved for one year with six, one -year renewals based upon satisfactory performance; and said also that the contract price for 2010 was more than $85,000 less than the 2009 contract price. As per the information contained in the Request for Council Action form, Mr. Stone explained the differences in the contract amount which included adding Discovery Playground in April rather than May, and to account for eliminating snow removal in some parks that did not have significant impact during the winter; but that all sidewalks will continue to be cleared. Director Stone said that Senske continues to demonstrate commitment to quality which is very receptive to the citizens, and that he would like to bring this contract back next week for council approval consideration. There were no objections from Council, although Councilmember Grassel stated that regarding the 2009 contract, item #7 states that the prevailing rate of wage is set forth in the exhibit, but that no exhibit was attached. Mr. Stone said he will gather that information. Council Study Session Minutes January 4, 2011 Page 1 of 4 Approved by Council: January 11, 2011 3. Emergency Comprehensive Plan Map Amendment (City Center Plan and Zoning Designation) — Karen Kendall Assistant Planner Kendall explained that this proposed emergency amendment is to change the City Center designation to that of Mixed Use Avenue, and to remove all the language in the subarea plan referencing City Center, which would include 225 acres. Ms. Kendall went through her PowerPoint presentation explaining the borders of the proposed map amendment; she explained the proposed text amendment in Book I is to delete section 1.2 INTENT which addresses instigating the construction of the first City Center; amending the figure to eliminate the City Center Core and neighborhood designation and replacing it with Mixed Use Avenue; and deleting other sections dealing with City Center; to amend Book II which contains the development regulations adopted as part of the city's municipal code Section 19, to delete all references to the City Center and replace it with the Mixed Use Avenue designation, and to amend Book III City Actions, adopted as part of the city's municipal code, to delete references of City Center and Core Street. Planner Kendall also noted that comparison of permitted uses in the City Center and Mixed Use Avenue zones show that specialty food and goods retail, full service restaurants, and recreation (theaters, bowling, roller skating), are permitted in the City Center, while Mixed Use Avenue allows big and medium box retail; drive - through restaurants /espresso stands, gas stations and convenience stores, vehicle sales, and light industrial/warehousing. Planner Kendall also mentioned the differences in development standards between the two zones. Planner Kendall stated that the Planning Commission's findings included that the City needs a city center; we should not remove the City Center from the Subarea Plan without another plan in place, and that there is not enough time for the City Center and subarea plan to work, and said that the Planning Commission recommended that the proposed emergency comprehensive plan amendment to change the City Center comprehensive plan and zoning designation to Mixed Use Avenue be denied. Attorney Connelly said there are three challenges to passing and successfully upholding an emergency ordinance of this nature: (1) That this particular provision is untested and there is no court case resulting in a challenge of a municipality changing a comp plan by emergency ordinance. He stated that the courts have tested emergency ordinances in other particular instances whereby courts consistently indicated that the emergency ordinance be supported by the court if the court finds legitimate and sufficient basis exist. (2) If this moves forward, findings that meet this threshold will be needed. (3) The decision of the Planning Commission and their Findings, that they recommended denial of this change at least increases the likelihood of a successful challenge. Mr. Connelly said these challenges would be eliminated if this issue were folded into the overall SARP review, which is being done annually as part of the annual comprehensive plan review. Mr. Connelly also noted that council is facing three options: (1) accept the recommendation and take no action and this would then be considered with the SARP comprehensive plan review which has already been initiated and is coming up in the future; (2) modify the ordinance in some fashion; that is, accept some of the Planning Commission recommendations but not all; that some of the Commission's findings would need to be addressed like "there was no city center" and the original comp plan called for at least planning for a city center; or (3) reject the Planning Commission recommendation, which he said Council has a right to do, and proceed with the ordinance to adopt the change as initially proposed by council; and said with this option, Council would have to have findings of fact to support the emergency and to address the findings and issues raised by the Planning Commission; and said when that ordinance comes before council, it would need debate and discussion on the findings, which could be modified for the second reading if needed. Mr. Connelly said he would like some indication from Council on whether to proceed with the ordinance or let it die. Councilmember Gothmann suggested Council take the second option; he suggested moving the demarcation line between the Mixed Use Avenue and the City Center on the north side of Sprague, to Balfour, or move it east to Balfour; and move it between the two zones to Dartmouth south of Sprague; and said we have an opportunity to develop a community to help the employment situation, and said by doing this it would relieve some of the problems addressed by Attorney Connelly. Councilmember Dempsey said Councilmember Council Study Session Minutes January 4, 2011 Page 2 of 4 Approved by Council: January 11, 2011 Gothmann talked to her about this possibility and she feels this could make for a winning situation all - around. To further explain, Councilmember Gothmann said by moving the line to Balfour, it would include all the Pring property in the Mixed Use Avenue area which permits auto uses; and that everything from Balfour to Bowdish would be City Center Zone; and on the south side, to move the line to Dartmouth, which would include the Pring and bank property to be in the mixed use area, and would leave property from Dartmouth east to Bowdish in the city center zone. Councilmember Gothmann said he read the minutes of the August 18 meeting and looked at who was represented and said there were many people not represented; that we didn't hear from Appleway Florist, or the New Life Church, or the Iron Horse grill, Mike's Doughnuts, Halpins, and more; and said he estimates we only heard from three properties owners out of about two hundred properties; and said he feels it is essential to talk to them to see what they'd like. Mayor Towey asked if the change were modified to Councilmember Gothmann suggestions, would it need to go back to the Planning Commission; and attorney Connelly said that the Planning Commission could have modified the proposal; and since this matter was already before them, he doesn't think it would have to go back again but would prefer to discuss that with Community Development Director McClung. Discussion ensued concerning some jobs at stake; that the SARP plan is full is restrictions and tells property owners what they can no longer do with their property; of the number of buildings currently nonconforming and mention from Councilmember Grafos that he feels this is an emergency. Attorney Connelly also reminded council that this is not zoning a specific piece of property, but is making a legislative change from city center to mixed use, and the discussion son what happens to that property should not be based on that, but want council wants for all the property owners, keeping in mind what property owners may or may not do with their property is speculative. It was mentioned that if this were to proceed as a normal comprehensive plan change, it would likely be done in April. While it appeared at first that there was some councilmembers who preferred going with a smaller city center, it was ultimately voiced by the majority of the council to move ahead with the emergency ordinance to amend the comp plan and zoning map to totally eliminate the City Center. There was additional discussion concerning whether this constitutes an emergency with Councilmember Dempsey stating that nothing has changed for two years and therefore she does not feel this is an emergency; mention by Mayor Towey that he feels it is an emergency since it hurts property owners; and Deputy Mayor Schimmels suggesting that the word "emergency" could be substituted with the word "opportunity," however, Councilmember Dempsey disagreed that the words are interchangeable. Mayor Towey said it appears the majority of councilmembers want to move forward to eliminate the City Center, and Attorney Connelly said he will work toward that, and said it would be helpful to have council opinions voiced at the first reading, in order to give him and staff time to incorporate any changes into the final ordinance. 4. Advance Agenda — Mayor Towey Mayor Towey reminded everyone of the upcoming February 8 winter retreat, and City Manager Jackson said he is working on a draft agenda and will circulate that to councilmembers by the end of this week, so Councilmembers can let him know if there are other suggestions for the agenda. Councilmember Grafos mentioned his recent conversation with County Commissioner Richard regarding the piece of property the County was going to give us, and said he feels it would be a good site for a monument, and Mr. Jackson said he would follow up on that issue. Regarding the "information only" item added to tonight's agenda, there were no objections from Council concerning bringing this back next week for formal action, and Mayor Towey said that the individual requesting the letter indicated that receiving a letter of support January 12 would fit with his time schedule. City Manager Jackson said he received a letter from Airway Heights City Manager Albert Tripp concerning our agreement with that city for us performing their planning review, and that the agreement expired at the end of 2010, and Airway Heights would like us to continue that agreement. Council agreed that Mr. Jackson send a letter to Mr. Tripp temporarily extending the agreement until council can consider later if they would Council Study Session Minutes January 4, 2011 Page 3 of 4 Approved by Council: January 11, 2011 like to continue this procedure; and to give staff time to discuss if this should remain a temporary agreement, or become permanent, as when this idea was first brought up, it was discussed as a temporary arrangement. City Manager Jackson also commented on the passing of former Mayor Rich Munson, and said from a staff perspective, that Mr. Munson cared very deeply for the city and staff and always treated staff with respect and courtesy, that staff very much appreciated that, and that we mourn his passing and will miss him deeply. 5. Council Check -in — Mayor Towey n/a 6. Ci , Manager Comments — Mike Jackson n/a Added Agenda Item: Information Only: Request for Letter of Support for Applewe Court Senior Housing Project. This was for information only and was not reported or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:50 p.m. f' homas E. Towey, Mayor ATTES . Christine Bainbridge, ity Clerk Council Study Session Minutes January 4, 2011 Page 4 of 4 Approved by Council: January 11, 2011