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2012, 07-24 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, July 24, 2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Torn Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos, CounciImember Mark Calhoun,Finance Director Brenda Grassel, Councilmember Mike Stone,Parks&Recreation Director Chuck Hafner, CounciImember Steve Worley, Senior Engineer Ben Wick, Councilmember John Hohman, Community Development Dir, Arne Woodard, Councilmember Scott Kuhta,Planning Manager Mike Basinger, Senior Planner Lori Barlow, Senior Planner Rick VanLeuven, Police Chief CarolbeIle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Matthew Larson of Advent Lutheran Church 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. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: nia COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: said he attended STA (Spokane Transit Authority) meetings where they are discussing budget; and attended the Spokane Regional Health District meeting where budget discussions were underway also. Councilmember Grassel: said she participated in two Ad Hoc Economic Development Committee meetings and that Councilmember Wick will be discussing those in detail later, and that she met with people from the Tourism Industry and Rivers users, and Parks Department; went to an ITA (International Trade Alliance) Board meeting where they had an executive session to discuss the process for hiring a new director,as the previous director left for a job with the private sector. Deputy Mayor Schimmels: reported he went to a manufactured housing group meeting a few weeks ago; went to an SRTC (Spokane Regional Transportation Council) meeting where about 35 people attended, and he encouraged citizens to visit that meeting room in the railroad station. Councilmember Grafos: said he went to the Builder's Hall of Fame induction dinner and said they are aggressive in what they are trying to do in economic development. Councilmember Wick: reported that he participated in two Ad Hoc Economic Development Committee meetings; and attended a Chamber of Commerce business connection meeting. Council Regular Meeting 07-24-2012 Page 1 of 6 Approved by Council:08-14-2012 Couneilmember Woodard; said he also attended the Chamber business connection meeting where the three candidates for County Commissioner spoke; and about two weeks ago heard Lt. Col Shore speak, who was a POW in Desert Storm. MAYOR'S REPORT: Mayor Towey reported that he attended the Air Quality Committee meeting; met the new Chief Executive Officer of the YMCA, attended a Philippine American Association meeting; and today had a radio spot with KTW which will air Sunday. PUBLIC COMMENTS: Mayor Towey invited general public comment. Kathleen Blair, 1921 N Vista: read her statement about the problem with trucks in residential neighborhoods, and she asked that Council make this a higher priority so a law can be adopted. Fire Chief Mike Thompson: Spokane Valley Fire District, 2120 N Wilbur Road; remarked that Deputy Chief Hale spoke a few weeks ago about the upcoming levy; he gave some history of the formation of the Fire District; said it has always been a paid department; and in the mid 60's the maintenance and operation levy was presented to voters, and continues to be presented to voters every three years; and said that the levy rate for this ballot is the same amount collected in 2012. 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 VOUCHER NUMBERS; TOTAL AMOUNT 07/10/2012 3976-3979; 3995-3997; 26363-26369 $257,768.25 07/11/2012 26370-26456; 628120035; 705120020 $2,128,154.05 GRAND TOTAL $2,385,922.30 b.Approval of Payroll for period ending July 15,2012: $259,349.54 c.Approval of Minutes of July 3,2012 Study Session Format Council Meeting d. Approval of Minutes of July 10,2012 Regular Formal Format Council Meeting e. Approval of Minutes of July 17,2012 Study Session Format Council Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. 2. PUBLIC HEARING: Development Agreement in Connection with Proposed Comprehensive Plan Amendment CPA 05-12—Mike Basinger Mayor Towey explained that tonight's public hearing is on the development agreement associated with the Comprehensive Plan Amendment CPA 05-12, and encouraged the public to keep their comments to the agreement. Mayor Towey opened the public hearing at 6:17 p.m. and invited Senior Planner Basinger to the podium. Senior Planner Basinger explained the proposal to change the designation from Medium Density Residential to High Density Residential and that the negotiated terms of the development agreement include limiting density to 22 units per acre, that the main access will be Broadway Avenue, Alki Road will not be improved, the developer will construct a ten-foot shared use path from Moore to Sonora and bollards will be placed at each end to prevent vehicle access, and that there will be a 40' wide area of restriction surrounding the property, which will restrict the building height to 35 feet. Councihnember Grassel asked if once approved, could any further changes be made to the agreement, and Mr. Basinger replied that changes would be possible, but that the agreement would need to come back for council approval. City Attorney Driskell added that this would be a contract between the Developer and Council, the agreement would be recorded with the County, and that the agreement would run with the property. Mayor Towey invited public comment. • Council Regular Meeting 07-24-2012 Page 2 of 6 Approved by Council:08-14-2012 1. Jerry Combs, 405 N Sonora Lane: mentioned the fine print on Exhibit A indicates a fire emergency area and he'd like clarification. Mr, Basinger stated there is no intention to have an emergency access off Sonora and no need for a fire access and that if that is in the fine print, staff will clean that up. 2.Katherine Potter, 622 N Moore Road: wanted screening landscaping required, 3. Dennis Crapo, 2602 N Sullivan: said all the agreements should be consistent and same rules applied to all developers. 4. Joseph Wetzler, 424 N Moore: said he thought he would be speaking to the Planning Department; spoke about a previous development where developers built into the right-of- way that denied access to property owners of Valleyway. Mayor Towey reminded him the topic is this development agreement. Mr. Wetzler spoke about the corner of Moore Road to Senora where curbs weren't put in and where there were half-completed projects. 5. Linda Rockhold, 423 Conklin Road: asked if a street light would be put on Broadway as she feels one is needed. 6. Cheryl MeManamon, 504 N Conklin Road: said she thought a development agreement meant the developer was going to meet with the neighbors, and now realizes that is not the case; said a light was promised at the end of Conklin and Broadway and that there is a fence blocking the view; that this is not on a bus route; it's not in agreement with the comprehensive plan as it won't preserve and protect their neighborhood, and that Councilmember Grafos had previously said he received campaign money from the developer and therefore feels he could not vote fairly. 7. Jan Wold, 503 N Conklin Road: doesn't want any large facility as it's not welcome and does not fit with the neighborhood; and agrees Mr. Grafos should not be allowed to vote on this issue, 8. F.J. Dullanty, Jr. 422 West Riverside, Attorney for Developer Arger: said the area referred to is not a buffer but a restricted zone where they are limited to building single family residential; said all aspects of the City's code must be followed; said likely a fence will be erected and shrubs put in; said the roadways are just the site plan; a traffic study was done and determined no light is required. 9.Richard Wilcox, 16102 E. Broadway: extended thanks to Council for their work on this proposal. 10. Dwight Hume, 9101 N Mountain View Lane, Spokane, speaking on behalf of Mr. Arger: said he is pleased with the elements of the draft agreement; commented that it would be impossible to have every development agreement alike as they are site specific; and said this proposal is a much better blend than what is currently permitted by code in that area. 11. Peggy Cunningham 16113 E, Valleyway: said there are some three-story apartments across the street from her;that you can't see coming out from the complex on one way, and that the traffic is so heavy you can't make a left-hand turn off Valleyway; and putting apartments on Broadway will make a big mess. There were no other public comments. There was Council discussion concerning the landscaping and what would be required and included in the Development Agreement, with Planner Basinger explaining that Type 1 landscaping will be required all the way around the complex, which includes a 6' wall fence with slates, and a mix of trees on the inside of the fence, There was also discussion about the setback and area of restriction, as well as discussion about the main access entrance from Broadway, and that signage will help direct people to that main access. Mayor Towey closed the public hearing at 7:03 p.m. NEW BUSINESS: 3. Motion Consideration: Approval of Development Agreement, CPA 05-12—Mike Basinger It was moved by Deputy Mayor Sclrimmels and seconded to approve and authorize the City Manager to finalize and execute the development agreement associated with CPA 05-12. Mayor Towey invited public comment. 1. Jan Wold, 503 N Conklin Road: asked if there would be ample parking or if people would be parking on the streets. Planner Basinger said a certain number of parking spaces will be required, and that will include taking into consideration parking for visitors, but there will not be "no parking" signs and sand we cannot guarantee people won't park on the street. Council Regular Meeting 07-24-2012 Page 3 of 6 Approved by Council:08-14-2012 2. Jerry Combs, 405 N Sonora: said if there is no parking on Broadway, Conklin will be limited due to its width and said there will be nothing to stop people from parking at the end of their cul-de-sac. 3. Katluyn Potter, 622 N Moore: voiced concern about the lack of sidewalks on Conklin. 4. Greg Arger, 300 N Mull Road: explained about the parking requirements that would be associated with his building, and said they have every intention to exceed code regarding parking requirements; said these types of projects are successful as they try to create a product with amenities that are marketable based on what is reasonable and what is working in the market place. Planning Manager Kuhta clarified the parking requirements of one space per dwelling unit for one and two bedroom apartments, plus 5% to accommodate guests. In response to Councilmember Grassel's question about sidewalks, Mr. Kuhta said frontage improvements are required for any new development, and they only have to improve that part on Conklin, 5. Dennis Crapo, 222 Sullivan: said he feels a precedent is being set by not having consistent development agreements, and said there is vague language in the development agreement. 6. Luke Davis, 16323 E Valleyway: also asked Council to consider parking issues. 7. Peggy Cunningham 16113 E. Valleyway: said she wants the same consideration for this project as the people at the Shelley Lake project; and said if she had known this was going to happen, she might have sold her house and moved away. Mr. Basinger again explained the 40' setback and area of restriction in response to further Council questions; said that there will be a 40' buffer surrounding the entire property that will limit the height to 35 feet; and said if Mr. Crapo had had a 40' restriction all the way around his property, he would not have been able to develop his property; and said if the developer wanted to build a structure that was 35' or lower, it could be 5' from the property line; which he said is just like the residential zone of the neighbors; and said with a single family residence,there is a clear definition of a rear and a front yard; but that is not the case with a multi-family structure, Mr. Dullanty also commented on what would or would not be permitted. After further discussion about the number of allowed stories,the setback and the area of restriction, it was moved by Councilmember Grafos and seconded, to amend the motion by approving the development agreement with the following changes: under 2.2.5.2 add in the 40' restricting area surrounding the project, the building will be limited to two-story building with no balconies or decks within the 40'restricted area facing toward the parameter, and on Exhibit A, to remove the reference to an emergency exit on Senora and remove the reference to a 40'single story only. Mayor Towey invited further public comment. Jerry Combs, 405 N Sonora, said it is a 35' building height and said that wasn't covered. After Council discussion it was determined that reference was not changed in the agreement. Kathryn Potter, 622 N Moore: said the planner "threw a big fit" when he was limited to nonhabitable spaces, and said the intent of the building is obvious that he will put two-story residences five feet off the back of her property, and said she doesn't want people looking down to her yard and that having a balcony or not is irrelevant; and said it should say "non-habitable."Jeff Potter, 522 N Moore agreed with his wife's statement and does not want a two-story building off the back of his yard. Frank Hebis, 16210 E Broadway, asked why the property owner isn't allowed to build within 15' feet of their property line in the back but can build within 5' of the property line from the back of the homes. Richard Wilcox, 16120 E Broadway: said it is his understanding that it will be 35' buildings out further away from the property line than what it is. Dennis Crapo, 2602 N Sullivan: said the buffer zone discussed is really just an area that they can build a 35' structure in, and is not a setback,and said Council already previously determined it should be a 40' setback, but he hears tonight it should be 5' and said for one project it should be 40', but for this project,the setback should be 5'. Greg Arger, 300 N Milian: said the intent was to agree to a 40' restricted area, and said typically developments are buffered by garages, which are one story or possibly two, and there may be an opportunity to provide some townhouses along this area or something to mitigate the tall building to the surrounding neighbors; and said they have not gone through a design criteria on this; and said they are trying to be allowed the flexibility to have a townhouse or a loft without impeding the neighborhood, and Council Regular Meeting 07-24-2012 Page 4 of 6 Approved by Council:08-14-2012 said it is not practical to compare one development agreement for one property,to that of another property as the demographics are different in each area; and said this site supports the traffic with access to Broadway; and said it works if they have the flexibility to work within the two-story; and said it is difficult to design today and be restricted to just one story, and said this was a means to be sensitive to the surrounding neighborhood, and said they can accomplish that if they are allowed to have the two-story along that restricted area. Joan Cook, on Sullivan and said she has a home on North Moore Street, and spoke about previously getting a paper around asking this not be changed from residential to commercial, and that Council changed it anyway for a contractor,and it appears the contractor will get exactly what he wants. Dwight Hume, on behalf of Mr. Arger, and said they agree with the revisions of the amended motion as it clarifies the intent of that 40' space; and said it is difficult without a site plan, to reach any kind of appeasement of the manifestation of what that performance standard means; said we are in a Growth Management Plan, which requires accommodating future populations; and said when we start micromanaging the places where residential can go just because the neighbors don't want it, that ignores the intent of what that performance standard change was all about. There were no further public comments. It was then moved by Councilmember Grassel to further amend the motion concerning no balconies or decks, to include no windows. The motion was not seconded and therefore did not move forward. Vote by acclamation on whether to amend the motion as earlier stated:In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Woodard and Grafos. Opposed: Councilmembers Haffner, Grasse.and Wick. Motion to amend passed. Vote by acclamation on the filly amended motion: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Woodard and Grafos. Opposed: Councilmembers Hafiter, Grassel and Wick. Motion carried. Mayor Towey called for a recess at 8:30 p.m. He reconvened the meeting at 8:45 p.m. At 8:45 p.m. it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed, to exceed the meeting for one hour. He also mentioned there would be no Executive Session after the meeting. 4,First Reading Proposed Ordinance 12-020 Amending Spokane Valley Municipal Code 8.25.025 Solicitation Exceptions—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12020 amending Spokane Valley Municipal Code 8.25.025 relating to solicitation from vehicle occupants, to a second reading. Legal Intern Ashley Stoltz explained as she did during the first reading, that these changes are being proposed in order to make the provisions consistent with other provisions within the Code. After brief discussion about sidewalks and curbs, Mayor Towey invited public comment. No comments were offered. It was also noted that the motion refers to the new draft ordinance just distributed to Council tonight. Vote by Acclamation:In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafiter, Grafos, Wick and Woodard. Opposed: Councilmember Grassel, Motion carried. 5.Motion Consideration: Transportation Improvement Board Call for Projects—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to authorize staff to submit a 2012 TIB grant application for the Sullivan Road West Bridge Replacement Project #0155. Senior Engineer Worley explained the history of this proposal as noted in the July 24, 2012 Request for Council Action Form. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments,no comments were offered. ADMINISTRATIVE REPORTS: 6. Shoreline Master Program(SMP)Goals and Policies—Lori Barlow Senior Planner Barlow explained that at the last meeting, the draft goals and policies were introduced and the approval process discussed, and tonight Mr. Tadas Kisielius will lead further discussion on these draft Council Regular Meeting 07-24-2012 Page 5 of 6 Approved by Council:08-14-2012 goals and policies,with the anticipated date of August 14th as the date for Council to consider a resolution to accept the draft, either as presented or with modifications. Mr. KisieIius explained that the purpose of the goals and policies is to have a broad statement of the City's vision to shape the overall approach, and said the process is much the same as the comprehensive plan amendment policy; he said some of the detail will be missing as these are generalized vision statements, but that the details will be flushed out while keeping the appropriate level of abstraction and resisting the urge to fine tune each goal and policy. He further explained that not everything will be implemented through development regulations alone, as there are other ways of accomplishing this, like incentives or other mechanisms, and then explained some of the areas which were mandated by the state statutes and/or Washington Regulations; and reminded Council that it is not his job to approve or reject policy decisions as those are at the discretion of Council, with ultimate approval by the Department of Ecology. Mr. Kisielius also noted that there are two main themes: what are the statutory standards that govern protection of the critical areas of shorelines, and to assure no net loss; and to balance the statutory shoreline requirements against constitutional protections for private property owners. Further Council discussion in direction to staff to draft a policy that recognized the Centennial Trail as an economic asset and review the language of policies 5.2 and 12.10 for conflicts. At 9:45 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting another fifteen minutes. 7.Advance Agenda—Mayor Towey Deputy Mayor Schimmels noted the second reading of the ordinance regarding CPA 05-12 is set for next week, and since there would not be a full council, suggested moving it to August 14th. There was brief discussion concerning Councilmember Woodard's planned absence and of the possibility of him phoning in on the City's connection, so that he would be able to hear the meeting and others would be able to hear him. Councilmember Woodard said he would contact Mr. Jackson tomorrow to let him know whether he would be able to attend the July 31 meeting. Councihnember Grassel asked about the process to "clean up the code" so development agreements would not be necessary, and Community Development Director Hohman noted that the topics of the Zoning Use Matrix, Revisions to the Comprehensive Plan Amendment Process, and a review of Multi-family zone requirements are all scheduled for the August 21 council meeting. 8. Department Reports and (9) Sullivan Road Bridge Final Design Contract Amendment were for information only and were not reported or discussed. CITY MANAGER COMMENTS: City Manager Jackson reported that this Thursday the committee on Solid Waste will reconvene and listen to comments from Mr. Russ Menke on why there were no responses to the Request for Proposals. 10. EXECUTIVE SESSION: Labor Negotiations [RCM/ 42.30.1140(4)]. There was no executive session. It was moved by Deputy Mayor Schimmels, seconded and r nanimously a,r,=d to adjourn. The meeting adjourned at 9:50 p.m. ATT +S . Thomas E. To vey, Mayor - iristine Bainbridge, City Clerk Council Regular Meeting 07-24-2012 Page 6 of 6 Approved by Council:08-14-2012 Spokane - Vl1ey .000 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, July 24, 2012 Please- ign below if you would like to speak at the ublic Hearin the Development Agreement Associated with Comprehensive Plan Amendment CPA 0542 PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME PLEASE PRINT ADDRESS TELEPHONE - Arr.- /6( a6r00- 85') )9). elli/Ac7 r 71-7e 6,z-q 19700--re CoN Lo, 91,-7k €19 e-J-3 I/ ,i( 1/. M00,21= -P- ` --l8‘1)/ --1-42-,4 pi\ }M o.v.ct vwo� S ti W Cc,1,1< % 79 9 —°g Vc)\A -93 3) _\(\W" co,q - (,).4 hti S ,etv0 9 a ? Please note that once information is entered on this form, it become a public record subject to public disclosure. ENE I'' 4 L PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE July 24, 2012 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT YOU WILL SPEAK ADDRESS ABOUT � � /4o A! Lc-47 t,,L i n .r ci..v F 4/146 ...A , .mo rar L16 ge - E/o/ L ii_-t -- C f/- c. , 5-13,,e ,ft e Oa r a i 3'7 l- 7 V 7 Please note that once information is entered on this form, it becomes a public record subject to public disclosure. I Kathleen R. Blair - 1921 N. Vista- Spokane Valley, WA 99212 July 24,2012 I want to give you a brief up-date regarding the signage on Trent and Vista. The"no trucks" sign has been re-installed going south on Vista off of Trent. Kudos to our Traffic Engineer, Angie. However we all know a sign is merely an exercise in futility without a law! I understand the situation regarding a law or ordinance is not on the agenda for this evening, however I want to emphasize again the importance of action as soon as possible. It should not be stay on either the top shelf, the bottom drawer or the back burner. Now that it is common knowledge that no law exists and rest assured, I'm making sure it is common knowledge we, as a City (7'h largest in the State I believe)must take action Summer school starts - school busses will be stopping on Vista (pick-up and delivery) I don't know the work load of the City Attorney but I want to encourage him to make this a priority.