Loading...
2015, 03-10 Formal Format Meeting MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 10, 2015 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff Dean Grafos,Mayor Mark Calhoun, Deputy City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Chuck Hafner, Councilmember John Hohman, Community Development Dir. Rod Higgins, Councilmember Mike Stone, Parks & Rec Director Ed Pace, Councilmember Eric Guth,Public Works Director Ben Wick, Councilmember Erik Lamb, Deputy City Attorney Chad Riggs, Development Engineer ABSENT: Karen Kendall, Planner Bill Bates, Councilmember Christina Janssen, Planner Marty Palaniuk, Planner Chris Bainbridge, City Clerk INVOCATION: Pastor Sid Johnson of Spokane Valley Baptist Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, Staff, and audience rose for the Pledge of Allegiance, led by Boy Scouts from Troop 404. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Bates. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Bates from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Deputy Mayor Woodard: said he attended the Wastewater Advisory Committee meeting where it was determined there would be no sewer rate increase for 2015; said there will be a hearing for CDBG (Community Development Block Grants) and that the Board of County Commissioners will finalize the recommended funding amounts in about a month. Councilmember Wick: reported that he attended the Spokane Hotel/Motel meeting; participated in the Safe Energy Leadership Alliance, which consists of representatives from Washington, Idaho, Montana, Oregon and Canada to advocate for safe rail transportation of oil and other products; chaired the LTAC (Lodging Tax Advisory Committee) meeting; and went to a SNAP meeting. Councilmember Hafner: reported that Councilmember Bates is doing better, the tumor has been reduced to a size where it is now operable; said he attended the 9-1-1 Board meeting where they discussed the 1/10th of 1% funding, which help enables first responders to communicate with each other; said the State legislators removed $8 million from that fund and the hope is those funds will be restored prior to the end of the legislative session; said the Board of Health continues to discuss revisions to their governance manual; said he attended the Chamber of Governments affair meeting where Senator Padden and Representative McCaslin discussed the State transportation package. Minutes Regular Council Meeting:03-10-2015 Page 1 of 6 Approved by Council:03-24-201 Councilmember Pace: said he also attended the Board of Health meeting and they received numerous comments about Spokane City Council Member Fagan's comments concerning vaccinations, but he explained that the Health Board's concerns are goals and legislative items and that the board members are not health care experts; said he attended the Chamber's Iunch at the HUB; went to the Wastewater Policy Advisory Board meeting and as noted there will be no sewer rate hike in 2015, but there will be a 501 increase in 2016, which he said he voted against as he would prefer seeing a rate study to address efforts to cut costs; went to our City's employee appreciation lunch and he thanked staff for being friendly, open and helpful and said he receives positive feedback from citizens, such as Mike's Old Fashioned Doughnuts who praised the City for the way he was treated and assisted as he moved his business location. Councilmember Higgins: reported that he attended the Spokane Regional Clean Air Agency meeting which focused on building maintenance and setting aside reserves as well as planning for human resource needs as many people are likely to retire in a few years; said they also discussed air quality issues created by marijuana. MAYOR'S REPORT: Mayor Grafos said he attended the HUB meeting and luncheon. Mayor Grafos read the following statement concerning the Painted Hills Golf Course: "The City is aware of a traffic scoping meeting conducted for a proposed Painted Hills Planned Residential Development(PRD)project. A PRD is allowed in all residential zones subject to conformance with the existing regulations. Although no application has been submitted, based on preliminary discussions a rezone will most likely not be required for this project. A PRD requires a review and approval by the Hearing Examiner. The Hearing Examiner process insures all regulations are met and requires a public hearing to be conducted. Comments will be taken at that time. Notices will be posted on the site, mailed to property owners within a 400 foot radius of the property and published in the local paper pursuant to the City Code. The City Council does not participate in the review of this type of land use action, or plan on participating in the Hearing Examiner review process. If you wish to submit comments prior to the public hearing, please contact Planner Christina Janssen." Mayor Grafos also read a letter he received from the O'Reilly Auto Parts Store expressing gratitude to the Planning and Development departments for assistance with the store's project, and that his project was one of the best in the last ten years, and expressed thanks to Karen Kendall, Luis Garcia, Jenny Nickerson, and Sean Messner. PUBLIC COMMENTS: Mayor Grafos invited public comments. Gary Edwards: part of the "Spokane 8th Man Movement," which is a Spokane City Council watchdog group; spoke about illegal workers and illegal immigrants getting jobs and overburdening communities. Ann Archibald: said she represents a group of concerned neighbors near Painted Hills and said she appreciated the Mayor's clarifying statements; and said she would hope the Council and staff would keep her group informed about what is coming up as she feels the project is a bad idea. Marty Kittelson, Spokane Valley: said she is with Ignite Community Theatre, located in the Spokane Valley Partners building, and explained that they present outstanding live stage productions at affordable prices, and they have free parking, and she encouraged people to come see their growing enterprise, with a showing of"Bees in Honey Drown" about society's obsession with fame. 1.PUBLIC HEARING:Proposed Amended 2015 Transportation Improvement Program—Steve Worley Mayor Grafos opened the public hearing at 6:25 p.m. After Mr. Worley went over the background of the 2015-2020 Transportation Improvement Program (TIP) and the proposed changes for 2015, Mayor Grafos invited public comments. There were no comments offered and Mayor Grafos closed the public hearing at 6:28 p.m. Minutes Regular Council Meeting:03-10-2015 Page 2 of 6 Approved by Council:03-24-2015 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. Proposed Motion:I move to approve the ConsentAttenda. a. Approval of claim vouchers on March 10,2015 Request for Council Action Form Totaling:$784,287.62 b. Approval of Payroll for Pay Period Ending March 5,2015: $411,708.28 c. Approval of February 17, 2015 Council Workshop, Special Meeting Minutes d. Approval of February 24, 2015 Council Formal Meeting Minutes e. Approval of March 3,2015 Study Session Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Second Reading Proposed Ordinance 15-004 Street Vacation Old Mission Avenue—Karen Kendall After City Clerk Bainbridge read the Ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 15-004 vacating a triangle-shaped area along Old Mission Avenue. Planner Kendall explained that there have been no changes since the first reading. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Proposed Reimbursement Resolution 15-001 —Erik Lamb It was moved by Deputy Mayor Woodard and seconded to approve Resolution No. 15-001 adopting a reimbursement resolution under federal tax law. Deputy City Attorney Lamb explained about the city hall project and that this resolution is being presented to preserve the option for the City to use bond proceeds to reimburse City funds used to pay for the land acquisition and design and engineering costs that may be incurred between now and the issuance of the bonds. Mayor Grafos invited public comment. Boy Scout Troop 404 Leader John Rocus, on behalf of one of his scouts, asked why we would want to build something new instead of remaining in this building, and Deputy Mayor Woodard explained that we are leasing this building, and a building owned by the City would be an asset, much the same as a person would discontinue renting an apartment and purchase a home. There were no other public comments. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5. Proposed Drainage Easement Release Resolution 15-002—Chad Riggs It was moved by Deputy Mayor Woodard and seconded to approve Resolution No. 15-002 releasing drainage easement at 16927 East Euclid Avenue. Mr. Riggs gave a brief summary of the issue as noted in the March 10, 2105 Request for Council Action form. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 6. Motion Consideration: Lodging Tax Advisory Committee Allocation of Funds—Mark Calhoun It was moved by Deputy Mayor Woodard and seconded to make the following allocations of Lodging Tax funds for calendar year 2015: Visit Spokane, operations $230,000; Visit Spokane, visitor center $0; Spokane Valley Parks & Rec volleyball Courts $68,000; Spokane Valley Parks & Rec CenterPlace $17,000; County Fair & Expo, marketing $30,000; County Fair & Expo interim marketing $8,000; County Fair & Expo exotic animal $6,000; Valleyfest marketing$31,600; Sports Commission $120,000; Spokane River Forum $1,000; Heritage Museum $18,400; HUB Sports Center $40,000,for a total of $570,000.00. Deputy City Manager Calhoun went over the history of this issue, including the remanding of the matter back to the Lodging Tax Advisory Committee last December so members of the LTAC could reconsider their recommendations in keeping with the goals and priorities approved by Council at their August meeting. Mr. Calhoun also mentioned that during the LTAC February 25, 2015 meeting,the committee unanimously agreed by motion to request the City Council pass an additional 1.3% lodging tax to be put into a fund dedicated for a large sporting venue or venues for tourism facilities that generate Minutes Regular Council Meeting:03-10-2015 Page 3 of 6 Approved by Council:03-24-2015 overnight guests; which Mr. Calhoun explained, is slated as a separate agenda item later in tonight's meeting. Mayor Grafos invited public comment; no comments were offered. Councilmember Wick said he feels these are good recommendations and that they address the Council's goals. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 7. Motion Consideration: Browns Volleyball Contract—Mike Stone It was moved by Deputy Mayor Woodard and seconded to award the Browns Park Volleyball Courts Construction Project Phase I to Stone Creek Land Design Development LLC in the amount of $169,668.74 and authorize the City Manager to finalize and execute the construction contract. Parks and Recreation Director Stone explained as noted in the Request for Council Action Form, that this will include construction of five new courts and the removal of the softball backstop, and that this will be phase 1 of many phases to complete the overall development master plan. Mr. Stone explained that as a result of the Lodging Tax fund allocation, he will put out a separate bid package to add two more courts, and said it is his plan that all the construction will be completed at the same time and before the volleyball season begins May 151. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 8. Motion Consideration: Kitsap County Purchase Interlocal - Eric Guth It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute the Interlocal Agreement between Kitsap County and the City of Spokane Valley for LiDAR Services. Director Guth explained the proposal as noted in his March 10, 2015 Request for Council Action form; said that in looking at tree growth and topography, the tree growth is too dense in one area so the project was narrowed which resulted in a new contract amount not to exceed $21,480. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Grafos invited public comments. Ms. Tony Hansen, Executive Director of the Spokane Hotel/Motel Association: said regarding Mr. Calhoun's mention of the second motion from the Lodging Tax Advisory Committee for the additional tax, that there is great concern to the hospitality community about further taxing without a plan for those funds; and expressed the organization's hesitancy to propose further taxes on customers; that due to the time sensitivity of the issue,they had a special meeting March 5 concerning that motion; said there were a couple Councilmembers present and she expressed gratitude for them attending; said the Association understands the lodging tax revenues and of the desire to pursue the most funds possible within the 12% cap; but they are also concerned about further taxing guests and providing additional revenues without protecting those funds; as Council cannot perfectly predict future actions on current intentions; said they do not want those funds collected without ensuring those funds are protected for their intended use. ADMINISTRATIVE REPORTS: 9. Comprehensive Site Specific Amendments—Marty Palaniuk, Christina Janssen Ms. Janssen explained the comp plan proposed amendment process with the Planning Commission, said this is a privately initiated map amendment to change certain parcels from Office to Community Commercial; she showed the area in question on the map provided, noted the Planning Commission's discussion points and said that the Commission was unable to reach a consensus and therefore makes no recommendation. There were no questions or comments from Council on this proposed amendment. Mr. Palaniuk then explained the second privately initiated map amendment to change certain parcels from Low Density Residential to Mixed Use Center; he showed the area in question on the map provided, noted the Planning Commission's discussion points and said that the Commission voted four to three in favor of recommending approval. Deputy Mayor Woodard said that he agrees with the reasonable extension of the Mixed Use Center. Mayor Grafos said he also agreed but noted the big challenge is Minutes Regular Council Meeting:03-10-2015 Page 4 of 6 Approved by Council:03-24-2015 access and said he hopes they work through the process and resolve the below-grade area of traffic coming off Mission. Council concurred to move these two amendments forward. 10. Congestion Mitigation and Air Quality Improvement(CMAQ)Call for Projects—Eric Guth Mr. Worley, standing in for Mr. Guth, explained the projects as noted on the March 10, 2015 Request for Council Action form; he went over the projects shown in both tables; noted that it is a preliminary list and the numbers are subject to change; and explained that the numbers in parenthesis indicated the City's required matching funds. Mr. Worley mentioned that for the Pines Road, UP, BNSF & Trent (SR-290) project, they might be just looking at design funds as part of the Bridging the Valley project and that could be a way to get the project started, then staff would continue looking for future funds. Mr. Worley mentioned the Sullivan Rd & Wellesley Intersection Imp Project and said the intersection is at a failing level of service; said that Bigelow Gulch project intends to connect at this intersection. Mr. Worley said staff is open to other project suggestions. Councilmember Wick asked about sidewalk infill projects and Mr. Worley replied that those projects do not score well as these listed projects are possible congestion management air quality projects, and we would need to be able to show reduction in air quality problems; he said sidewalk funding could come from other funding sources. Council indicated they like the list of projects. Deputy Mayor Woodard said it would be nice to apply for Sullivan to Tschirley as the last leg of the trail since this call for projects is for years 2018 to 2020; and Council nodded in agreement. Mr. Worley said this will come to Council on the March 24 agenda as a motion consideration. 11. Lodging Tax Committee Request for Additional Lodging Tax—Erik Lamb, Mark Calhoun Deputy City Attorney Lamb explained that the City is authorized to impose a 2% special excise tax on lodging and have done so since 2003; he said the City can also impose an additional amount equal to the lesser of 2% or the rate when combined with other sales tax, equals 12%, and he referenced the table shown on page two of his Request for Council Action form; he said our City could impose an additional 1.3%tax to be used for the same purposes as the current Lodging tax. Mr. Lamb explained that during the LTAC (Lodging Tax Advisory Committee) February 25, 2015 meeting, a motion was made, seconded and unanimously agreed to request Council to pass an additional 1.3% lodging tax to be put into a fund dedicated for a large sporting venue or venues for tourism facilities that generate overnight guests. Mr. Lamb said the LTAC considered this February 25, and there is a 45-day required period before a new tax is passed; which time period is to give the LTAC opportunity to comment on a municipality's request for an increase. However, Mr. Lamb said, since the LTAC already met on February 25, if the Council desired to impose the increased lodging tax, it could do so after April 11, 2015; and based on changes made during the 2013 legislative session, once the tax is increased, any proposal to use those taxes would require the City to apply to the LTAC and receive a recommendation for use of those funds. Mr. Lamb explained that the mechanism to pass such an increased tax would be an ordinance. Deputy Mayor Woodard asked about the effect on the tax if STA's sales tax ballot measure passes; and Mr. Lamb explained that the tax is calculated on a first-come, first-served basis; and if STA were to pass their additional tax, it would not impact our additional 1.3% on lodging but it would exclude the STA tax on lodging within Spokane Valley only, and only for that additional amount of whatever would put it over 12%. The content of the LTAC's motion was discussed and Mr. Driskell added that if Council wanted a change in the proposal, it would have to go back to the LTAC and the clock would re-start. There was discussion about what the approximate $330,000 funds those taxes would generate, and Mr. Calhoun explained that if Council wanted to use the funds for a bond issue, he estimated it would cover a five million dollar project spread out over three years. Mr. Calhoun said he is not recommending a bond, but this is just for information; and said that additional funds would be needed as those would only cover construction of a facility, and that operation and maintenance would be substantially greater than a bond issue. It was noted if Council wanted to move forward with an ordinance, staff could present a first reading at the March 24 meeting,with a second reading April 14. Minutes Regular Council Meeting:03-10-2015 Page 5 of 6 Approved by Council:03-24-2015 The question of protecting the funds in a dedicated fund came up and Mr. Lamb said restrictions on the funds could be included in the ordinance which could also restrict the LTAC process to make recommendations for any application for use of those funds; that an application would have to meet certain criteria under the code as well as an amount, and that recommendation would come before Council for approval; he said a future Council could change that, but it would have to go through the same process to change the code as well as the LTAC committee process. Mr. Calhoun confirmed that if an ordinance for this tax were approved, it would also create a new fund for those proceeds. Mayor Grafos asked if the idea of the motion is to use the funds for capital projects, and Mr. Lamb concurred. There was Council consensus to bring an ordinance for first reading consideration at the March 24 Council meeting. 12. Advance Agenda—Mayor Grafos. There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS Deputy City Manager Calhoun said our lien authority priority bill passed out of the Senate this morning with a forty-nine to zero vote and will now move to the House for consideration, and he extended special thanks to Senator Padden. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:46 p.m. A01: T Dean Grafos, hristine Bainbridge, City Clerk/ Minutes Regular Council Meeting:0310-2015 Page 6 of 6 Approved by Council:03-24-2015 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, March 10, 2015 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 CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ABOUT / r (11)74P fiiZ45-. Al 770t2 C is - ,\._ LAS8tis 6kii<J C:n° L c Please note that once information is entered on this form, it becomes a public record subject to public disclosure. March 10, 2015 Council meeting The City is aware of a Traffic Scoping meeting conducted for a proposed Painted Hills Planned Residential Development (PRD) project. A PRD is allowed in all residential zones subject to conformance with the existing regulations. Although no application has been submitted, based on preliminary discussions a rezone will most likely not be required for this project. A PRD requires a review and approval by the Hearing Examiner. The Hearing Examiner process insures all regulations are met and requires a public hearing to be conducted. Comments will be taken at that time. Notices will be posted on the site, mailed to property owners within a 400 foot radius of the property and published in the local paper pursuant to the City code. The City Council does not participate in the review of this type of land use action, or plan on participating in the Hearing Examiner review process. If you wish to submit comments prior to the public hearing, please contact Planner Christina Janssen.