2017, 12-19 Study Session 1MINlJTPS
SPOKANE'V ALLEY COUNCIL ,ME E.J'I iN(i
STUDY SESSION
Spokane Valley City 1-tall Council Chambers
Spokane Malley, Washington
December 19, 20[7
Attendance:
Councilmen'hers Staff
Rod Higgins, Mayor Mark Calhoun City Manager
Arne Woodard, Deputy Mayor Cary Drirwkell, City Attorney
Tarn Haley, Councilmember Chelsie Taylor, Finance Director
Ed Pace,Councilmember Erik Lamb, Deputy City Attorney
Brandi Peetz, Councilmember John I Lohman, Deputy City Manager
Linda Thompson,Councilmember Lori Barlow, Senior Planner
Sam Wood, Councilmember Mike Stone, Parks & Ree Director
Gloria Martz, Engineering Manager
Bill lclbig, City Engineer
Marty Palaniuk, Planner
Mark Werner,Police Chief
Christine Bainbridge, City Clerk
Mayor Higgins called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll, all Counciltnembers were present.
ACTION ITEMS:
1, CONSENT AGENDM 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.
Proposed Motion:I move to approve the Consent Agenda..
a_ Approval of claim vouchers on Dec 19, 2017 Request for Council Action Form "Total: $2,S94,610A
b. Approval of December 5, 2017 Council Meeting Minutes, Study Session
It was moved by Deputy Mayor Woodard, seconded and adnanimousey creed to approve the Consent
Agenda.
2.Motion Consideration: Change Order Euclid Ave. Reconstruction Project—Gloria tvilantz, Craig Aldworth
It was aaaoved by Deputy mor Woodard and seconded to authorize the City Manager or his designee to
execute} Change Order Wo_ i to MDM Construction in the arnOWwi OP'7,766,46, Engineering Manager
Mantz explained the background of the project and the previous change orders, of the amounts the City
pays and the County pays, and that the purpose of tonight's change order is to pay for work needed to
temporarily open Euclid Road to the public during the winter suspension, and grant thirteen and a half
working days for the winter suspension. Mayor Higgins invited public comment; no comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None, Motion carried
NON-ACTION1'1"Ia MS:
3. Open Space Requirements for Residential Projects in Mixed Use Zones—Lori Barlow
Senior Planner Barlow explained that this came up as a request from Couneilmember Wood to discuss
section ]9.70.050(g) of our City code (leafing with the open space requirements for residential projects in
mixed use zones. Ms. Barlow explained that the open space requirement in the mixed use zone has been in
existence since 2007 with essentially the same language; she mentioned that part of the requirement states
that projects with residential components shall provide 210 sq. ft. of open space per dwelling unit; that the
rcquiremcnt does not apply to development of less than ten new dwelling units and does not apply to
residential development located within 1,300 feet of a public park, and that a fee in lieu of land dedication
Couuii]Study Session: 12-19-2017 Page I of
Approved by Council:01-09-2018
may be assessed for the development of public parks but that option has never been used. Via her
PowerPoint she explained what types of uses Trigger the requirement, what zones permit residential uses,
exceptions to the open space requirement, and our standard compared with the City of Spokane, Spokane
County, and Liberty Lake. Deputy Mayor Woodard asked if Council were to make a major change and take
out the 210 sq.ft. or fee in lieu of requirement,would this have to go before the Planning Commission.Ms.
Barlow said this has not been to the Planning Commission, but if Council direction is for a text amendment,
it would fo flow that process and go to the Comm iss io n_ Ms. Barlow also noted that we do not have anything
in place to dictate how a"fee in lieu or would occur or be implemented. Deputy Mayor Woodard said he
would like to see this go to the Planning Commission and get some input from the public and developers.
Councilmember Wood said that he and Councilmember Pace met regularly and went through the City Code
and building regulations, and came across this; that although 210 sq. Il.. is a small amount, they didn't see
the benefit; said he contacted the Home Builders and they would like to see this go away as they don't like
the restrictions; and he would also like to see this go before the Planning Commission. Councilrraemher
Thompson said she would also like to sec more study on this and get more information, as she feels we
need more open space; and she would like to explore that and have this go through the process. There was
Council consensus to move this through the Planning Commission.
4. Shipping Containers—Marty Palaniuk
Planner Palaniuk went through his PowerPoint presentation explaining about shipping containers, the
proposed regulations, and the outcome of the Planning Commission's study, public hearing, and findings,
in that they voted six to one to recommend that Council not make the amendment, Mr. Palaniuk mentioned
that the Commission discussion included the requirement to place the container on paved surface, whether
there was a public need,building permits for structural changes to the containers,and the industry.standards
to ensure safe containers; and he mentioned some of the Commission's Findings, including that there is no
industry certification,containers may be contaminated or hazardous to the public and the environment, and
that the previous container content and use cannot be verified. Couneihnemlcr Wood asked who the one
vote was on the Planning Commission, and it was mentioned that was Comm issioner Phillips, and that the
minutes were included in tonight's Council packet, and Councilmember Wood said he would also look up
that information, Councilnember Haley asked for confirmation that the Commission vote was six against
moving the regulations forward, and one vote not to move it forward, and Mr. Lamb acknowledged that
was correct. Except for Councilmember Pace, there was Council consensus to not move this forward.
5. Small Cell Regulations—Cavy Driskell Erik Lamb
Via his PowerPoint presentation, Deputy City Attorney Lamb explained about the proposed small cell
deployment regulations, including an explanation of existing Laws, and briefly explaining small cell
technology; and said if we were to move ahead with implementing this, it would he via a franchise
agreement,which would cone to Courted in the form of an ordinance. City Attorney Driskell stated [hat he
has been working with Verizon and are almost in total agreement to bring a draft franchise forward,which
would set out how to do what they want to do in our rights-of-way, Mr_ Lamb added that some cities have
a long process and require each structure to have a permit, but we would recommend [hirty sites-per permit,
Councilmember Wood asked about snow covering those boxes on the ground, and whether we would have
any liability. Mr. Driskell said he assumes the boxes are waterproof; that it is the right-of-way and there are
meters on the ground now, so it hasn't been an issue and feels we would not have any liability_ There was
Council consensus to move this forward to [he Planning Commission.
6. Unfit Dwellings—Cary Drisk,ell, Erik Lamb
Deputy City Attorney Lamb went through the PowerPoint presentation explaining about unfit dwellings
and our City code enforcement issues dealing with public nuisances; and that with state law chapter 3 S.80
RCW, which relates solely to unfit dwellings, buildings and structures, that provision allows the City to
recover all costs of abatement as a priority Lien of equal rank with state and Iocal taxes; he showed some
photos of examples of unfit dwellings,and weirt over the required procedures as stated in RCW 35.80.030.
Councilmember Haley asked who would enfrarce this ordinance and Mr. Lamb explained that this would
go through the code enforcement division, wi[h the building official signing off on the complaint; and that
Council Study Session: 12-19-2017 Fage 2 01-3
Approved by Council;01-09-201$
the fire department or code enforcement would likely make us aware of these structures. City Attorney
Driskcll added that to address code compliance, we can only do what our code says we can do, and
throughout time, we have found gaps; said these nuisances can represent a substantial investment to abate
but with this ordinance, we could actually recover costs for fixing a problem, which helps us help the
neighborhood. There was Council consensus for staff to move this forward for a first ordinance ruling,
7. Police Department Monthly Report—Chief Werner
Chief Werner went over some of the highlights of his monthly report, again extending thanks to S_C_O_P.F_
for their great effort,and thanking Council for recognizing S.C. .P,R. last week with a proclamation. Chief
Werner mentioned that various scams arc continuing, and he reminded the public if someone calls for
banking information or to fix your computer that you have not previously contacted, it is a scam, and lie
cautioned members of the public not to give out. important banking information, or purchase gilt cards in
response to these scams. Chief Werner also noted that the property crimes unit has been extremely busy
over the last week weeks and issued numerous search warrants, made numerous arrests and charged about
twenty-seven people with over 500 charges, including fraud, vehicle theft, and other crimes,
Councihncmber Thompson asked if he is seeing an increase in packages being stolen off people's porches,
and he replied that it has been occurring, but there has not necessarily been an increase.
8, Advance Agenda—Mayor I l iins
There were no suggested changes to the Advance Agenda_
9. Department Report..
These were for information only and were not reported or discussed.
{}_ Council Check-in—Mayor Higgins
Couneilmember Pace mentioned that as tonight is his last Council meeting, he wanted to thank everybody;
said it was a privilege to serve the City and he thoroughly enjoyed his term,and is proud of his term and of
his perfect attendance;and he thanked staff for doing a great job of running [he City;and ended by wishing
the new Councilmemhers all the best, and encouraging Council to keep up the good work.
Deputy Mayor Woodard applauded the public for their work on clearing the sidewalks of snow,particularly
the Sate Routes to School; and applauded the plows for their work as well; and also extended thanks to
Councilrnember Pace for his service. Mayor 1 1iggins wished everyone a merry Christmas,and said Council
will return January 2.
11. City Manager Comments—Mark Calhoun
City Manager Calhoun reminded everyone that there is no Council meeting next Tuesday, December 26,
and the next meeting will be January 2, at the regular (i p.m. time, but on that same day at 5 p.m., we will
have the swearing in of the five new Councilmembers. Mr, Calhoun also acknowledged Council member
Pace's last meeting; said Mr. Pace was successful in the election of 2013 and served a four-year period
from 2014 through 2017, and served on the Finance Committee, Governance Manual Committee,
Wastewater Policy Advisory Board, the STA (Spokane Transit Authority) Board, the Health Board, and
SR7'C (Spokane Regional Transportation Council), so he has been a very busy man and was fully engaged
in his role. Mr. Calhoun said it has been a pleasure working with Mr. Pace and will miss his dry sense of
humor; he presented Mr. Pace with a commemorative plaque and everyone thanked him for his service.
It was moved by Deputy Mayor Woodard, seconded and unanimously a• •eed to adjourn. The meeting
adjourned at 7:29 p,m.
A'1" • 'Si • , 00,
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L.R.Hi.ggins,'� _
Christine Bainbridge, City Clerk
Council Study Session; 12-19-2017 Page 3 of 3
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