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2012, 10-23 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,October 23,2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Sta ff _ Tom Towey, Mayor Mark Calhoun, Finance Director Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember John Holtman, Community Development Dir. Brenda Grassel, Councilmember Mike Stone, Parks&Rec Director Chuck Hafner, Councilmember Steve Worley, Senior Engineer Ben Wick, Councilmember Scott Kuhta,Planning Manager Arne Woodard, Councilmember Mike Basinger, Senior Planner Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Isaac Hebden of the Intersection Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of AIlegiance. 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 amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended an STA (Spokane Transit Authority) Operational meeting; went to Spokane VaIley's audit exit with the State Auditors; attended an all-day conference concerning crime prevention; went to the Wal-Mart ribbon cutting; attended another STA Board meeting then went to a SCOPE Board meeting; and attended yet one more STA meeting where they evaluated proposals on the painting of transit vehicle advertising services. Councilmember Grassel: said she attended a Visit Spokane, formerly Spokane Convention and Visitor's Bureau, Board meeting where they discussed the upcoming budget; participated in the Lodging Tax Committee meeting and said that Committee's recommendations will be coming to Council at a future meeting; attended the Washington Policy Center Dinner, which is a think tank group that educates the legislators on different upcoming issues like transportation, education, and health care;went to the Cup of Cool Water Dinner, which is a Christian ministry in the City of Spokane, and explained that they help homeless kids to provide them a place to stay,and help with their education. Deputy Mayor Schimmels: explained that he attended the City's Exit Audit with the State Auditor's; went to the Wal-Mart open house, attended a transportation meeting hosted by Commissioner Mielke; and went to the STA Board Meeting. Councilmember Grafos: said he attended the VIP Night and the grand opening at the new Wal-Mart; the Washington Policy Center Dinner; and the City's audit exit meeting with the State Auditors. Councilmember Wick: said he also attended the Audit Exit Conference; and the Regional Transportation Meeting called by Commissioner Mielke. Council Regular Meeting 10-23-2012 Page 1 of 5 Approved by Council: 11-13-2012 � C Councilmember Woodard: said he went to the HCDAC(Housing and Community Development Advisory Committee) and explained that HCDAC makes recommendations to the Board of County Commissioners concerning allocation of CDBG (Community Development Block Grant) funds; went to the Wal-Mart VIP night; the City audit; the Washington Policy Center Annual Dinner; spoke at the Spokane Mortgage and Lenders meeting concerning the last twenty-five years and what's happening now with real estate; attended a City forum at the downtown First Presbyterian Church; a variety of Chamber of Commerce functions; and attended the Providence Children's Hospital presentation. MAYOR'S REPORT: Mayor Towey reported that he attended most of the meetings and events already mentioned; he thanked Finance Director Calhoun and his staff for a great auditor's exit; went to the Policy Center dinner; attended a Crime Prevention meeting; the Wal-Mart grand opening; went to the AWC (Association of Washington Cities) Conference in Pullman where he heard a prelude to what will happen in Olympia concerning legislative priorities and the latest revenue forecasts and trends; and went to the Park Place Wellness Fair. Mayor Towey then read the Proclamation for National Food Day, which was received with thanks from Jandyl,Member Services Coordinator of Second Harvest. PUBLIC COMMENTS: Mayor Towey invited public comments. Mary Pollard, 17216 E Baldwin: spoke concerning an intersection on a new development going in an area near her; said the problem is zoning and that people want to keep it the way it is; she suggested building some kind of predictability into the Code so the zone can "be the zone;" said she wants a comp plan that addresses that; also voiced her concern about the"T"of intersections never lining up; said there should be safety built into the community and have roads align where feasible; also addressed minimum standards for parcels,and said if we create smaller and smaller lot sizes,there won't be space for gardens or for kids to play. Najalr Aishah, 18518 E Cowley, Johnston's Mobile Home Park; said she has lived there for over a year; there are about thirteen mobile homes in their community; they are on limited incomes; and even though the homes are "mobile homes" it would be difficult to move them; she asked for an ordinance as a place holder for a mobile home park as we await the outcome of the Tumwater Court ruling. Randy Chapman, Vice President of Association of Manufactured Home Owners (AMHO), PO Box 142173, Spokane Wa: expressed similar concern as the previous speaker, and he read a statement from Dan Barrett, President of the AMHO urging Council to include in the workplan for 2013, something that would amend the comprehensive plan to allow for a mobile home park zone. JoAnn Weaver, 26012 N Barker Road, Space 114: RiverRose Village; said she wrote a letter to Council on September 19, and she reiterated the contents of that letter; that if they were asked or forced to leave their mobile home park, it would be a huge impact, and she asked for an ordinance now as a placeholder so it would be part of staffs workplan for 2013, so when the Tumwater Decision is made, Council can move forward accordingly. 1. PUBLIC HEARING: Community Development Block Grant Proposed Projects--Scott Kuhta Mayor Towey opened the public hearing at 6:42 p.m. Planning Manager Kuhta explained the CDBG (Community Development Block Grant) process and the three proposed projects; said the projects must be located in residential, low to moderate-income areas. Mr. Kuhta said that Councilmember Wick had previously inquired about using CDBG funds to sewer industrial property in the northeast portion of the City; but he said while funds could be used for economic development purposes, the City must document how the project would benefit low and moderate income residents, and that we would be required to monitor employment growth in the area as well as provide information on the number of low and moderate income individuals employed as a result of the project, and therefore, he said staff recommends not adding that to the list of potential or proposed projects. Mr. Kuhta said he believes the first two Council Regular Meeting 10-23-2012 Page 2 of 5 Approved by Council: 11-13-2012 projects should be moved forward as staff believes those projects meet council's priority for pavement preservation. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:46 p.m. 2. 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 10/04/2012 27160-27189 $35379.66 10/05/2012 27190-27244; 928120032; 1004120022 $1,542,875.09 10/05/2012 4093-4096; 27245-27250 $260,265.06 10/12/2012 27252-27290; 1005120023; 1710914170 $488,804.36 GRAND TOTAL $2,327,324.17 b.Approval of Payroll for period ending October 15, 2012: $283,174.28 c.Approval of Minutes of October 2, 2012 Council Study Session Meeting d. Approval of Minutes of October 9,2012, Council Formal Format Meeting e. Resolution 12-005,Ratification of Spokane Housing Authority Commission Amendment It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Second Reading Proposed Ordinance 12-026 Amending SVMC 7.05—Caty Driskell After City Clerk Bainbridge read the proposed ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-026 amending Spokane Valley Municipal Code 7.05 relating to nuisance conditions. After Mr. Driskell briefly went over the proposed changes, Mayor Towey invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Second Reading Proposed Ordinance 12-027 Amending SVMC 17.100—Caty Driskell After City Clerk Bainbridge read the proposed ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-027 amending Spokane Valley Municipal Code 17.100 relating to Code enforcement. After Mr. Driskell briefly went over the proposed changes, Mayor Towey invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed; None. Motion carried. 5.Motion Consideration: Pines Road ITS (#0061)Project,Bid Award—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to award the Pines Road ITS Project to the lowest responsible bidder, Aztech Electric, Inc. in the amount of$949,160.78 and authorize the City Manager to execute the construction contract. Senior Engineer Worley explained the project as per his October 23, 2012 Request for Council Action Form; and mentioned that three closed-circuit cameras will be installed as well, on Pines at Valleyway, Trent, and at Mission. Mr. Worley also mentioned that staff has coordinated this project with WSDOT (Washington State Department of Transportation) to have the conduit before WSDOT comes in to grind and overlay. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposer'None. Motion carried. 6. Motion Consideration:Interlocal Agreement with King Co Directors Association—Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to finalize and execute the Interlocal purchasing agreement with the King County Directors'Association. City Attorney Driskeli explained that the City is authorized under state law to use the purchasing contracts of other Council Regular Meeting 10-23-2012 Page 3 of 5 Approved by Council: 11-13-2012 jurisdictions in the state by following certain rules and said this proposed interlocal agreement meets those requirements, and that this will enable the City to purchase computers and other IT equipment at cost savings. Mayor Towey invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Added Agenda Item: 6a. Motion Consideration: 2013 CDBG (Community Development Block Grant)Program Projects—Scott Kuhta It was moved by Deputy Mayor Schimmels and seconded to direct staff to prepare CDBG Applications for the Adams Road, and 4th Avenue resurfacing projects. Planning Manager Kuhta mentioned that these are the projects he described as part of tonight's public hearing. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried PUBLIC COMMENTS: Mayor Towey invited public comments;no comments were offered. ADMINISTRATIVE REPORTS: 7. Code Text Amendment,Multi-Family Regulations—Mike Basinger Senior Planner Basinger explained that in the past, the City processed some contentious, privately initiated, site-specific map amendments as part of the annual Comprehensive Plan Amendment process; and as a result, staff researched changes to the Spokane Valley Municipal Code to mitigate the impacts to multi-family development when it is adjacent to single-family development. As per his PowerPoint presentation, Mr. Basinger explained about the proposed code text amendment; said there are two proposals tonight, one is having a relational height limit to single-family residential use or zone of a 1:1 height to setback ratio with a ten-foot minimum setback from single-family residential use or zone; and the other proposal is a proposal from the Planning Commission recommending where new multi-family development is abutting an adjacent parcel with a single-family use or zone,the height of the new multi- family development may not increase by more than 45 degrees when measured from the angle that originates at 25 feet above the applicable property line, creating a 1:1 height-to-setback ratio to the abutting single-family use or zone, and that the minimum setback from a single family use or zone should be ten feet from the property line. Mr. Basinger said staff feels either proposal would meet the objective tasked by Council. There was discussion about which proposal is preferred; what the City of Spokane and Spokane County's regulations are; with final consensus from Council to go with the Planning Commission recommendation as it would be more compatible with the other jurisdictions. It was also decided to bring this back for a first reading at the November 13 council meeting. At 7:37 p.m.,Mayor Towey called for a recess;he resumed the meeting at 7:49 p.m. 8. Comprehensive Plan Docket discussion—John HohmanfMike Basinger Community Development Director Holman explained that as a process of the Comprehensive Plan update, he wanted to determine what they could initiate with current staff and budget. Via his PowerPoint presentation, Senior Planner Basinger then explained the city-initiated text and map amendments, after which discussion focused on the slide showing additional docket considerations. Mr. Basinger also noted that Chapter 6 of the Comprehensive Plan will not be addressed this year as the Parks and Recreation Master Plan won't be ready for another year. The "additional docket considerations" included (1) add policies and goals to further support AutoRow; (2) consider revising the Land Use Map to include more opportunities for multi-family development; (3)add policies and goals relating to food systems; (4)revise the local access street map to include connections along Appleway Boulevard; (5) add policy language to include sidewalks and pathways for low income neighborhoods; (6) include policy language on pavement preservation; and (7) add extension of Shared Use Pathway to newly purchased property. Both Director Holtman and Senior Planner Basinger explained that including items on the docket enables staff to begin work on those issues, and Mr. Basinger stated that by putting a consideration in the plan, we also might Council Regular Meeting 10-23-2012 Page 4 of 5 Approved by Council: 11-13-2012 be able to get financing assistance. By consensus, Council determined to keep the additional docket considerations on for the 2013 docket with the exception of#4,which deals with local access street map. The topic of manufactured homes was also discussed and it was ultimately decided not to include that topic on the 2013 docket, but to get information from staff for making a decision ill 2014, with City Attorney Driskell adding that staff will work toward bringing forth that information in March 2013. At 8:55 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting for thirty minutes. 9. Regulation of Commercial Vehicles—Cary Driskell City Attorney Driskell went over the draft language, and added that he would also bring forth a separate resolution as a type of master list for local deliveries only; and said he will also discuss the weight and other issues with Traffic Engineer Note, and will also work on refining the language further concerning landscaping to cover such things as trucks used for taking down trees. There was Council consensus that this draft move forward at a future council meeting. At 9:30 p.m., it was moved by Deputy Schimmels, seconded and unanimously agreed to extend the meeting another thirty minutes. 10. Planning Commission Rules of Procedure--Cary Driskell Community Development Director Hohman explained that staff met with Planning Commission Chair Bates who feels very strongly about the work the Planning Commission did to make the changes to the Rules and Procedures, that they spent three meetings discussing this and the trigger points for absent commissioners, and that Mr. Bates feels strongly that the existing language is sufficient for the chair to conduct their duties, that he would be a very strong advocate for attendance, and asked that Council consider staying with the existing language, which permits greater flexibility for the Planning Commission Chair. After brief discussion, Council concurred not to make further changes, with Councilmember Grassel adding that she is okay with this draft, but has concerns and would have preferred to include clarifying language about whether the absence is legitimate. 11.Advance Agenda Councilmember Woodard asked about the possibility of not meeting November 6. After brief discussion, it was determined to keep the November 6 meeting as planned. There were also no objections to having the winter workshop/retreat February 19, and not include an evening meeting as has been done in the past. INFORMATION ONLY(will not be reported or discussed): 12. Department Reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS: Mr. Calhoun had no comments. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:47 'liomas E. Towey,Mayor A EST L'1,1 Ak..4 �-f Christine Bainbridge, CiiClerk Council Regular Meeting 10-23-2012 Page 5 of 5 Approved by Council: 11-13-2012 G1KNE A L PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE October 239 2012 GENERAL CITIZEN COMMENTS \\\\ 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 in /), I e- k iforl) ,Z G[,/ /(J f3,4 W k e.- y2(( r//g` .„ =I 021;4- 10, < PakL zv/'; /i el-LS r� i"{► cr s 98--err ill / /l / ' / / ;! ,/ le Z ''tit? E ✓�.�/ f�' 9:24 ds7„ _erg , Ifs ALA , ." uS f Nts14 & 7,,,,„0,1.... 185 t bf 11 +4. .«,„ Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Honorable Spokane Valley City Council; I am the President of the Association of Manufactured Home Owners. We are a member based, statewide organization representing more than 70,000 households in Washington State. For the last 2 years AMHO has been working hard in the Spokane area to preserve Manufactured/Mobile Home Communities as affordable housing for seniors and limited income families. These past two months you have heard residents ask the Council to include an amendment to the Comprehensive Plan that would allow the introduction of a mobile home park zoning ordinance to preserve manufactured housing communities in Spokane Valley. These 17 communities provide space for 1,100 manufactured homes and families. Many of these households are seniors on fixed incomes. We ask that you allow this discussion to continue and give all the voices an opportunity to be heard. Please include in your work-plan for 2013 an item that would amend the comprehensive plan and allow for the introduction of a mobile home park zone so those we represent have the opportunity to remain in their homes. We would like to see the City continue to be in compliance with the Growth Management Act by preserving existing neighborhoods, providing housing options and increased densities, and addressing the housing needs of low income families. We realize that such an ordinance does not preserve these communities forever. But these homeowners have a vested interest in their homes; an investment that was enticed by these communities and the lifestyle they offered. That investment deserves a degree of protection somewhat as the landlords currently enjoy. There is always a way for landlords to request a rezone if the property is proven to be no longer viable as its current usage. An application for a rezone should not cost the landlord anything. Preservation of manufactured housing communities is part of the solution to the affordable housing crisis in the Spokane area and preserving existing affordable housing is consistent with the Growth Management Act. Thank you for your favorable consideration to this matter. Dan Barrett, President Association of Manufactured Home Owners (253) 856-1919 dan.barrett @comcast.net Association of Manufactured Home Owners www.WAMHO.org , Randy Chapman I I- Vice President PO Box 142173 AMHO Spokane, WA 99214 ' 'a"O"0' Manulaclured Howl 509-343-9624 Owners MHTTARhdtmail.com Added Agenda Item #6 a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Department Director Approval: X Item: Check all that apply: ❑ consent ❑ old business la new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: MOTION CONSIDERATION: 2013 Community Development Block Grant Program — Potential CDBG Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: In May, 2011, Spokane Valley entered into a three year agreement (2012-2014) to continue participation as a member of the Spokane County CDBG/HOME Consortium. BACKGROUND: The City of Spokane Valley is a member of the Spokane County Community Development Block Grant (CDBG) Consortium. Each year the Federal Department of Housing and Urban Development provides CDBG entitlement funding to Spokane County, with last year's funding totaling $1.295 million. In 2008, Spokane County amended the CDBG funding policies to establish a 20% set-aside of the County's annual federal appropriation for City of Spokane Valley infrastructure projects. The County anticipates that Spokane Valley's 2013 share will be approximately $259,000 for eligible, high priority infrastructure projects. Although Spokane Valley has a guaranteed set aside, the City must participate in the same application process as all other agencies requesting CDBG funding. The application deadline is November 10, 2012. A public hearing on the City's potential projects is scheduled for October 23, 2012. To be eligible for CDBG funding, projects must be located in residential, low to moderate income target areas (see attached map). Proposed projects must also be ranked as a "high priority" in the Spokane County 2010-2014 Consolidated Plan, the guiding document for Spokane County's CDBG program. High priority infrastructure projects include water, sewer and street improvements. Since the City is not a sewer or water provider, only street improvement projects are proposed for the 2013 program year. The following preliminary projects have been identified by City staff based an evaluation of CDBG eligible projects. Proposed CDBG Projects: Estimated Costs 1. Adams Rd. Resurfacing, Sprague to 4'h (Street Preservation) $213,000 2. 4`h Ave. Resurfacing, Park to Theirman, (Street Preservation) $184,000 3. Farr Rd., Appleway to 8th (Reconstruction) $610,000 These projects are listed in the adopted Pavement Management Program. The Adams Road project is currently scheduled for 2013. The 4th Avenue Project is currently scheduled for 2016. And the Farr Road project from 4'h to 8th is currently scheduled for 2016, while the Farr Road project from Appleway to 4th is scheduled for 2017. Added Agenda Item #6 a Staff reviewed the proposed project list at the October 2, 2012 study session. At the study session, Councilmember Wick inquired about using CDBG allocations to sewer industrial property in the northeast portion of the City. CDBG funds can be used for economic development purposes, but the City must document how the project would benefit low and moderate income persons. The City would be required to monitor employment growth in the area and provide information on the number of low and moderate income individuals employed as a result of the CDBG project. Staff recommends no change in the list of potential CDBG projects. On October 23, 2012 Council conducted a public hearing on the proposed projects. OPTIONS: Identify projects for consideration. RECOMMENDED ACTION OR MOTION: Move to direct staff to prepare CDBG Applications for the Adams Road and 4th Avenue resurfacing projects. BUDGET/FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Scott Kuhta, Planning Division Manager Steve Worley, Senior Engineer ATTACHMENTS: