2018, 07-17 Study Session MINUTES
SPOKANE VALLEY COUNCIL MEETING
STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley, Washington
July 17, 2018
Attendance:
Councilmembers Staff
Rod Higgins, Mayor Mark Calhoun, City Manager
Pam Haley, Deputy Mayor John Hohman, Deputy City Manager
Brandi Peetz, Councilmember Cary Driskell, City Attorney
Linda Thompson, Councilmember Erik Lamb, Deputy City Attorney
Ben Wick, Councilmember Chelsie Taylor, Finance Director
Sam Wood, CounciImember Bill Helbig, City Engineer
Arne Woodard, Councilmember Lori Barlow, Senior Planner
Marty Palaniuk,Planner
Micki Harnois, Planner
Karen Kendall,Planner
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 Councilmembers were present.
Community Recognition:Anna Priebe, Girl Scout Gold Award Recipient
Mayor Higgins announced that we are kicking off our Community Recognition program with a
proclamation for Ms. Anna Priebe, Girls Scout Gold Award recipient. After Mayor Higgins read the
proclamation honoring Ms. Priebe, she was handed the proclamation by City Clerk Bainbridge and the
audience extended a round of applause. Ms.Priebe thanked everyone in the community for everything they
do in the community, as she explained that all girls scout projects are community projects. The audience
again extended Ms. Priebe a round of applause.
1. Aging and Long Term Care of Eastern Washington—Mark Calhoun; Lynn Kimball,Art Swannack
City Manager Calhoun introduced Ms. Lynn Kimball, CEO of the Aging and Long Term Care of Eastern
Washington, and Whitman County Commissioner Mr. Art SwannacIc, who is that agency's Board Chair.
Ms. Kimball gave an overview of the Aging&Long Care Agency in order to assist Council to determining
whether they have an interest in joining the agency's interlocal agreement. Ms.Kimball and Mr. Swannack
talked about some of the services involved with their agency,such as helping older adults and people living
with disabilities stay in their homes, as the agency's mission is to promote well-being, independence,
dignity and choice. She mentioned they serve five counties including Spokane,and mentioned some of their
area partners, including Meals on Wheels, SNAP, and Family Home Care. They spoke of their Governing
Board's structure,which meets quarterly; and of the Planning and Management Council which includes 35
volunteers from five counties, meets ten times a year, and reviews and makes recommendations to the
Governing Board. Ms. Kimball explained that their budget includes 51% for contracted services, 43% for
direct services, and just 6% for administration; she mentioned that if Spokane Valley City were to join,
based on 16 percent of our population aged sixty and over, our annual cost would be $12,026.
Concerning the Governing Board, Mr. Swannack explained that board would have one member from
Spokane Valley if Council is willing to join; the Board would get together and discuss what's been
recommended by the Planning and Management Council in terms of budget contracts,or other management
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issues; he said the Governing Board is the final decision maker on whether an issue is approved; he said it
is nice to have people on the Board representing the citizens in their areas; he mentioned that Council has
a good understanding of what is going on with the citizens of Spokane Valley so it would be good to have
that representation.
Councilmember Thompson said she noted on the material included, that the Governing Board has three
representatives from the City of Spokane ,and that the proposal is for Spokane Valley to have one. Ms.
Kimball said that would be up to Council to propose and that her agency would be willing to look at the
idea of having more than one representative. Mr. Swannack said Council can ask for whatever it wants as
that is part of the negotiation process.Councilmember Woodard asked about the makeup of the three people
on the Planning and Management Council if those individuals are usually elected officials. Mr. Swannack
replied that one individual is appointed by the governing board, for example Spokane Valley, and the other
two are brought forth in the nomination process and then the Planning and Management Council
recommends them to the board to be appointed, so they are at-large citizens. Councilmember Wick asked
if joining this agency would give more representation within the agency since they already do much within
the community and the other counties, and Ms.Kimball concurred. There was Council consensus to move
this forward for consideration and action. Mr. Calhoun said staff will bring that forward for Council
consideration and if Council concurs,we will include that$12,000 in our 2019 budget development process.
2. Comprehensive Plan Amendments—Lori Barlow, Marty Palaniuk, Micki Harnois,Karen Kendall
Councilmember Thompson said that she lives in the Ponderosa neighborhood, about ten blocks from the
Crapo property; that she has considered it, read the documents, and feels she can participate in the
discussion and the decision on this being very objective and unbiased. Ms. Barlow began by succinctly
explaining the annual Comprehensive Plan amendment process,which includes the staff role,the Planning
Commission role, and the Council role; she mentioned the gap in time between the Planning Commission
public hearing and the deliberations was due to an appeal on the DNS for comp plan amendment 2018-
0003, which appeal was heard by the Hearing Examiner who ultimately denied the appeal on April 17,
2018. Ms. Barlow explained that the rules of the Growth Management Act require us to consider all
requests cumulatively; and when the appeal was being considered, all the other comp plan proposed
amendments were put on hold pending that appeal decision.Ms. Barlow also went over the approval criteria
and noted that CPA 2018-0002 and 0007 were withdrawn by the applicant and the City respectively; and
that no action was taken on either of those amendments.
Planner Hamnois explained that CPA 2018-0001 is a privately initiated amendment to change the land use
designation from Single Family Residential(SFR)to Multi-Family Residential(MFR)and the zoning from
R-3 to MFR; she showed the area in question on the accompanying slide, and went over the difference of
the development standards between the R-3 and MFR zones; said the area has no environmental restraints
and there were no public comments received on this amendment; and that the Planning Commission
recommended six to one to recommend approval. Council concurred to proceed as the Planning
Commission recommended.
Mr. Palaniuk explained that CPA 2018-0003 is an amendment on Sundown and Bowdish to change the
land use designation from SFR to Corridor Mixed Use; and to change the underlining zone from R-2 to
Corridor Mixed Use;he showed the area in question on the accompanying side,which shows a large vacant
lot, and went over some of the environmental characteristics, including that it is located in a floodplain,
which would require a floodplain permit,that there is a type F stream running along the railroad track which
would require some buffering; that the current land use designation is single family residential, and if it
were to change would become corridor mixed use. Mr. Palaniuk showed the differences of development
standards from R-2 to corridor mixed use; which changes would be significantly different from the current
R-2.Mr.Palaniuk noted we received some significant comments from agencies such as the Fish&Wildlife
concerning protecting the stream, and that we also received some significant public comments concerning
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traffic, access in and out of the site, and whether commercial development would fit with the neighbor
character; that it is in the floodplain, and the impact on schools. Mr. Palaniuk stated that the Planning
Commission recommended denial of this request. Council concurred to proceed as the Planning
Commission recommended,
Mr. Palaniuk next explained CPA 2018-0004,an amendment to change the land use designation from SFR
to Neighborhood Commercial (NC); and to change the land use zone from R-3, which is single family
residential urban,to NC;the area in question is 7'" and University as shown on the accompanying slide; he
noted the adjacent site is owned by the same person requesting this amendment; he showed the differences
in development standards; and mentioned that a single family residential use is a permitted use in the
neighborhood commercial zones, Mr. Palaniuk noted some significant public comments were received,
some concerning traffic in and out of 7"' Avenue, and that 8th is fairly restrictive; said some felt it did not
fit with the neighborhood character,and there were some concerns about the underlying plat covenants,and
a letter concerning those covenants was received which letter stated the covenants specifically do not allow
commercial uses. Mr, Palaniuk explained that it was the City's determination that those are private matters
and it don't affect Council's ability to make a decision on the land use designation; and he said that the
Planning Commission recommended seven to zero that Council approve this amendment. Councilmember
Peetz asked about the covenants and why we would still be able to proceed as proposed. Deputy City
Attorney Lamb said a comp plan amendment and zoning map amendment does not change or invalidate or
otherwise alter or amend those covenants or the plat;he explained that is a legislative decision as to the city
regulations as to what is allowed from a planning standpoint for comp plan amendments and regulatory use
from a zoning standpoint; within that, the citizens who agreed to create that plat can impose whatever
conditions they want;sometimes those are through the plat process and the hearing examiner imposes those,
and generally those are dedication type things such as are needed for public use like easements for utilities,
or border easements for sidewalks; those we would enforce so you cannot build within those; and citizens
can go even further and adopt private covenants and those are enforceable solely amongst those private
citizens; and in that instance,there is no government telling them what they can do or what those limits are;
rather they have agreed what they want their neighborhood to look like; so to change those covenants,they
set out what those requirements are;so through this action Council would not be modifying those covenants,
and anyone who wished to do anything on that property would still be subject to those covenants; and so
even though a NC would allow commercial use, it also allows residential use, and they could build a
residential use under the covenants, but they would want to consult a lawyer and may be subject to a
challenge if they tried to build something commercial, Mr. Lamb said as contained in the material, we
provided a response back to the citizens,and they contacted an attorney,and their letter as well as the letter
from their attorney Witherspoon Kelly is included in the materials; and the attorney acknowledged that was
the view under the law;said they requested we put a notation on the parcel for any commercial development
so anyone who wishes to actually build would be on notice, and could work with the neighborhood for an
appropriate development if one would work out. Councilmember Peetz,to clarify,said if Council goes with
the Planning Commission recommendation, they could still pursue their covenants. Mr. Lamb agreed.
Council concurred to proceed as the Planning Commission recommended.
Planner Kendall next explained that CPA 2018-0005 and CPA 0006 are City-initiated map amendments to
correct some mapping errors; both of which are non-project actions; said the areas inadvertently bisect
parcels for the land use designation and the zoning as a result of the City's 2016 comprehensive plan update.
She explained that 0005's proposal is to expand the NC designation and zoning to eliminate split zoning of
the parcels currently designed SFR and NC and zoned R-3 and NC;she explained the location of the parcel,
some of the unique characteristics,and the proposed amendment, including that it is located in the 100-year
floodplain and the property owner has received approval for a conditional letter of map revision,to reduce
those floodplain boundaries; she mentioned the 500' Bonneville Power Administration easement that runs
through the middle of the property; and that the area also includes a small stream. Ms. Kendall said the
area is currently split between neighborhood commercial and single family residential; and the zoning map
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is designated neighborhood commercial and R-3; to correct the mapping area, staff noticed an irrigation
canal was bisecting these parcels; so this amendment would eliminate that bisection and correctly zone the
properties, so this would expand the neighborhood commercial designation. She noted that the Planning
Commission had onecommissioner abstain, and the remainder voted six to zero to approve this mapping
correction. Council concurred to proceed as the Planning Commission recommended for CPA 2018-0005.
Planner Kendall then explained in more detail, the amendment CPA 0006 to correct a mapping error; she
said this change would expand the Industrial Mixed Use designation and eliminate a split zoned property.
She went over the location of the property,and said the area that contains the split zoning is a 15' area along
the eastern portion of the property which is currently developed with stormwater facilities; that the split
zoning is single family residential and industrial mixed use, so the proposal is to modify the entire area to
industrial mixed use, and therefore change the zoning map to be consistent with that change. Ms. Kendall
noted the Planning Commission voted seven to zero to approve this proposal. Council concurred to proceed
as the Planning Commission recommended for CPA 2018-0006. Ms. Barlow noted that staff will bring
Council a draft ordinance next week reflecting Council's direction.
3. Council Goals/Priorities for Lodging Tax Advisory Committee—Chelsie Taylor
Finance Director Taylor said tonight's discussion will include three topics:what is the lodging tax and how
may it be used, what is the Lodging Tax Advisory Committee (LTAC) and its role in the award process,
and Council's role in the award process. As noted in her July 17, 2018 Request for Council Action form,
Director Taylor explained the background of that tax, how it is generated and paid to the state and then to
our City; she explained the award allocation process for those organizations submitting funding requests;
and she went over the composition of the Lodging Tax Advisory Commission as per state statute; adding
that the 2019 award process is currently scheduled for mid-October. Ms.Taylor noted the limits of use for
those award funds, and the reporting requirements for those organizations receiving funds as contained in
state statutes. Ms. Taylor said at the end of this discussion agenda item, staff will be seeking Council
direction on any changes in the goals and priorities, which will be communicated to the members of the
LTAC. She said Council could also consider prioritizing the tourism venues decided upon during the July
10 Council meeting, which included improvements to the fairgrounds, a sports complex, and expansion of
the CenterPlace outdoor venue, and if Council desires, to include those as part of the goals and priorities.
Director Taylor noted that we are including in the 2019 budget, the $30,000 set aside for Centerplate
marketing.
After Council discussion regarding the Council Goals and Priorities, state required reporting and some of
the goal phraseology such as "create distinct and identifiable increases," there was apparent consensus to
remove stated goal#2 and include#2's first sentence as a new first sentence for goal#1; and to remove the
first sentence in the stated goal#1,but for goal#1 to keep the verbiage about distinguishing Spokane Valley
as a tourism destination. There was also some discussion about omitting stated goal #6, but Council
ultimately agreed to leave it as is. Director Taylor said she will work on the verbiage and bring that back to
Council in track-change format for further discussion.
Discussion moved to the additional 1.3% lodging tax,with Councilmember Woodard stating he would like
more information and perhaps convene a meeting between the hoteliers and the motels and the school
superintendents; said he feels our HUB type of project is different from a HUB type sports project
envisioned by the schools and hoteliers, and before Council advises staff to put together a grant application
for LTAC funds, he would like that feedback in order to come up with the right kind of project if possible,
as opposed to one that won't work for anyone. Councilmember Wick said he agreed more information is
needed and more feedback from the public;said he would like to add this as a goal so Council can determine
a plan of what to do with those funds rather than just leaving it at the goal level; said he would also like to
have more thought put into those top three venues selected previously and have a committee open house or
some similar meeting to get the public input on what the public would like to see, and then turn that
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information into an application to send to the LTAC;he said those funds have been rolling over for several
years now.
City Manager Calhoun said that Iast week Council examined those ten potential projects and narrowed the
list down to a more manageable three; said the plan is to come back and "unpack' each of those three at a
greater level of detail;to perhaps include a one page summary on each of those three to include where do
the costs and expenditures come from not just for the capital but for operation as well; and depending on
Council's input,we can set a sense of how best to move forward;he said that 1.3%continues to accumulate
about$370,000 a year, plus the LTAC has set aside a portion of that 2%; so it is a balance that continues to
grow so at some point we could provide a nice down payment on something. Timing was also discussed
and Mr. Calhoun said he and Ms. Taylor will work on these suggestions and bring back something to
Council no later than August 14; and in the meantime,that will give Council an opportunity to decide what
to bring forth for the community;then maybe Council would want to present one of those three venues to
the community, or perhaps even all three at the collective decision of Council. Councilmember Wick said
he would still like to propose a goal to determine what to do with that 1.3,and wants to see something more
than a goal. Mr. Calhoun said staff will work on these issues and we can further discuss the 1.3% and work
through that, and that Ms. Taylor can work on something broad. Council agreed with that suggestion.
At approximately 7:28 p.m.,Mayor Higgins called for a twelve minute recess. The meeting reconvened at
7:40 p.m.
4. Modification of Speed Limit Schedule for School Zones—Bill Helbig
After City Engineer Helbig went over the proposed changes to the master speed limit schedule to
accommodate new schools,there was brief discussion about where school speed limit signs are permitted,
if there are ever any exceptions to those rules, and whether it is possible to re-use those signs that will be
removed when or if needed in other areas. Mr. Helbig explained that he would have to confirm that
information with the Washington State Department of Transportation since the signs are their property.
There was consensus from Council to bring this back for approval consideration at the next meeting.
5. Avista Natural Gas Easement—Cary Driskell
City Attorney Driskell explained that we received a request from Avista for the City to grant an easement
to them so they can install a natural gas line; the line would be located in Bettman's Addition, and they
would install a line from 146'Lane south to connect up with existing right-of-way; and that if the City needs
to make any alteration to the property for a public purpose, the easement language requires Avista to move
its facilities. There were no objections from Council to place this on the next Consent Agenda.
6. Advance Agenda—Mayor Higgins
There were no suggested changes for the Advance Agenda.
7. Information Only
The items Ordinance 18-017ExteNet Wireless Franchise Agreement;and Ordinance 18-018 ExteNet Fiber
Franchise Agreement were for information only and were not discussed or reported.
8. Council Check-in P-Mayor Higgins
Councilmember Thompson said as part of the Health District Board's finance committee, they met last
week and she noted there will not be a fee increase for fees for this coming Fiscal Year; but she wanted to
let Council know that the Board is anticipating a shortfall with their budget, and she will be reporting more
as that topic is discussed further on the Health Board. Councilmember Peetz said she misspoke last week
about the Appleway Trail clean up and it wasn't last week but will be tomorrow at 6:30 and she welcomed
any volunteers.
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9. City Manager Comments—Mark Calhoun
City Manager Calhoun stated that Councilmember Woodard shared that he was contacted by Traci Couture,
District Director for Representative Cathy McMorris-Rodgers, who will be here in town this Friday, July
20, from 9:15 a.m. to 10:00 a.m. Mr. Calhoun said that he has a call in to Ms. Couture to confirm the date
and time, and once confirmed, he will contact each member of Council. Mr. Calhoun said the last time
Representative McMorris-Rodgers visited city hall we arranged a special meeting, and said he anticipates
that occurring again for this Friday,but will contact each Councilmember as soon as he has the details;that
once all is confirmed, we will schedule and notice the special meeting, and will work on an agenda to
include general discussion on such topics as Bridging the Valley,Barker BNSF grade separation project, a
heartfelt thanks to her for helping us acquire the$9 million TIGER grant;the Fines BNSF project and issues
with Burlington Northern for their two or possibly three tracks, including distance and spacing.Mr.Calhoun
said again once all is confirmed, we will set up the meeting here in Council chambers and have Council,
Ms.McMorris-Rodgers,and appropriate staff sit at the tables set up here on the floor for ease in discussion.
Mr. Calhoun also noted that tomorrow is the 9th annual employee appreciation barbeque, from 11:30 a.m.
to 1 p.m.; and he noted that this is not paid for by the City, but is entirely paid for by the directors who buy,
prepare and cook the food, and handle clean up as well;and said he hopes to see Councilmembers there.
It was moved by Councilmember Wood, seconded and unanimously agreed to adjourn. The meeting
adjourned at approximately 7:50 p.nr.
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Christine Bainbridge, ity Clerk 1
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