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2018, 11-20 Study Session MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington November 20,2018 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 Bill Helbig,City Engineer Sam Wood, Councilmember Chelsie Taylor, Finance Director Arne Woodard, Councilmember Mark Werner, Police Chief Lori Barlow, Senior Planner Martin Palaniuk, Planner Carrie Koudelka,Deputy City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Haley, seconded, and unanimously agreed to approve the agenda. ACTION ITEMS: 1. Motion Consideration: 2019 Annual Comprehensive Plan Amendment Docket—Lori Barlow It was moved by Deputy Mayor Haley and seconded to approve the 2019 Comprehensive Plan Amendment Docket as presented.Senior Planner Barlow told Council this material was discussed at last week's meeting and that the City has received three City initiated map amendments and four text amendments. She referred to Exhibit 1 in the packet materials and pointed out that CPA-2019-0007 and CPA-2019-0005 also reflect updates by the City's Economic Development Senior Planner, including the bike and pedestrian network map, route recommendations and new funding programs. She said all the information will be explained fully when the amendments come before Council for consideration. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In favor: unanimous. Opposed.' none. Motion carried. 2. Motion Consideration: Barker I-90 WSDOT Interlocal Agreement-,Bill Helbig It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to finalize and execute the Interlocal Agreement with WSDOT for engineering services associated with the Barker Rd/I-90 Westbound Interchange project. City Engineer Helbig said this is the first of two items for motion consideration tonight that deal with the Barker/I-90 interchange. He said Council was presented with information at the September 4,2018,meeting and he highlighted some of the items again in his PowerPoint presentation. He said in the morning peak hour,the level of service is "E,"and the southbound queue can approach a quarter of a mile of backup traffic. He said the City has selected a consulting firm to help with the design of the interim improvements and it appears the best plan is to turn the signalized intersection into a single lane roundabout. The interlocal agreement provides that WSDOT will fund the interim project up to $900,000; the City will submit payment right away and any unexpended funds will be returned to WSDOT. He said the City estimates the total cost of the project between $500,000 and $550,000. Mr. Council Study Session: 11-20-2018 Page 1 of 5 Approved by Council: 12-11-2018 Helbig said the next steps include approval of the interlocal agreement and the consultant agreement with HDR for design of the project. He said WSDOT will do any needed right-of-way acquisition in the spring and the project will be ready to advertise for construction next fall, contingent on them getting funding. He said they are still moving forward on the southbound interchange over I-90. Councilmember Wick asked if the funding is only for the interim project or if it also includes the Connecting Washington package. Deputy City Manager Hohman said that in his conversations with WSDOT, the Connect Washington money from the current gas tax are for the interim solutions.He said we are getting a portion of the funds for the interim improvements at Barker, but there is no money in this package to look at the ultimate solution at Barker. He also said he has been told the bridge will need to be replaced and there is still a question as to whether 1-90 is to be lowered or if the bridge is to be raised, but we can expect it to be a very expensive project. Mr. Hohman said that even though this is an interim solution, it will not need to be torn out and replaced, we will be able to maintain it and add lanes later if needed. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation:In favor: unanimous. Opposed: none. Motion carried. 3.Motion Consideration: Barker 1-90 HDR Contract—Bill Helbig It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to finalize and execute the Consultant Agreement with HDR for a maximum payable amount of$373,012.27. City Engineer Helbig said this is the second motion consideration for the Barker/I-90 interchange and said it is for consulting services with HDR for the design of the westbound interchange. Councilmember Woodard inquired as to whether we would have used City staff for the design of this project if we would have had authorized engineers on staff. Mr. Helbig responded that we would have tried to do the design in-house if we had the staff to do it. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation:In favor: unanimous. Opposed: none. Motion carried. PUBLIC COMMENTS: After Mayor Higgins explained the process, he invited public comments: Nina Fluegal, Spokane Valley,said with regard to the art piece that was put into storage,she thinks the new high school in Greenacres would be a good location for it and said it would connect the students to art, it would be in a safe location, and it would be low cost to the City. NON-ACTION ITEMS: 4. Fee Resolution for 2018—Chelsie Taylor Finance Director Taylor said that Council last took formal action on the Fee Resolution on December 12, 2017, setting the fees effective January 1, 2018. She said as part of the Master Fee Schedule process, she asked department staff to submit fee changes to her; three fee changes were submitted by Community and Public Works,and the Parks and Recreation department proposed additional fees to meet customer requests. She said there is a minor change to Schedule D, reflecting that credit card transaction fees are non- refundable, and under Schedule E Other Fees, she said the amounts for business registrations will be changed to meet State registration requirements. Ms. Taylor pointed out that the revenue generated by the new fee resolution for 2019 will be roughly $2.8M, or 6.19 percent of the total General Fund recurring revenues. Councilmember Thompson asked if the $50 fee for "CenterPlace Laptop Usage" is to bring a personal laptop to the event center or if it is to use a City-provided laptop. Ms.Taylor said her understanding is that it is for use of a City computer,but she will have that information for the December 11, 2018 meeting. 5. Open Space Proposed Code Text Amendment Marty Palaniuk Senior Planner Barlow said that in December 2017, Council requested this section of the code come before Council for discussion. She said it was dissected and compared to other jurisdictions for open space requirements and through the course,two concerns came up: 1)Property owners outside the exemption area Council Study Session: 11-20-2018 Page 2 of 5 Approved by Council: 12-11-2018 may be disadvantaged by being required to provide open space; and 2)Other multi-family projects should be forced to provide open space for residents. There was a consensus of Council to have the Planning Commission look into this section of the code and provide a recommendation for Council consideration. In January 2018, the Planning Commission began their discussions and she said it appears on paper that they discussed it on several occasions, but while it was on the agenda, there were three meetings where it was not discussed because their agenda was too full. She said in March,they conducted a review that looked at a broader comparison of jurisdictions including Yakima, Tri-Cities, and Boise and concluded approximately half of the jurisdictions required open spaces in mixed-use zones. She said they also looked at development in our mixed-use zone and whether developers provided open space and they found that the majority provided open space even though it was not required.She said it did not appear the property owners would have been disadvantaged by the requirement to provide open space because they included open space based on what they likely thought would attract residents to their development. Planner Palaniuk said an environmental review was done, and after the public hearing in September, the Planning Commission recommended this amendment go forward to Council. He said the amendment primarily deals with open space in mixed-use zones as defined in our code.He went through his PowerPoint presentation and reiterated the amendment only applies to the mixed-use zone.Mr.Palaniuk said the current regulation does not require open space be provided in multi-family developments of less than ten units,nor if the project is within 1,300 feet of a public park,which would include the Centennial and Appleway trails. He said nearly eighty percent of properties in the mixed-use zone are exempt from this provision because of their proximity to trails and parks, so when it comes down to it only twenty percent of prospective properties are subject to this provision. He said the proposed amendment provides a few exemptions for mixed-use development and cleans up some of the language. He said open space would not be required for projects where non-residential uses make up all ground floor units or an entire floor on any level, with residential uses located in the remainder of the building.He said open space would not be required if twenty- five percent or more of the mixed-use building is for non-residential use,or if the project is part of a larger mixed-use project where non-residential uses equal twenty-five percent or more of the total development. Councilmember Wick said the definition for wanting open space is for leisure or recreation and he said if there is an office space on the ground floor,people cannot recreate there. Ms.Barlow said mixed-use zones do not require the commercial businesses to allow residents to use the space, she said the purpose of the zoning designation is to allow a mix of different uses in that area. Councilmember Woodard said he thinks the Planning Commission went backwards and asked what the options are if Council disagrees with any part of their proposal. Ms. Barlow said Council has two options, they can send their recommended changes back to the Planning Commission to conduct another public hearing or Council can conduct their own public hearing. City Attorney Driskell said if Council wants to make changes to the proposal, those would break down to "substantive" and "non-substantive" changes. He said we would not need a separate public hearing for non-substantive changes,but if Council is looking to make substantive changes to the recommended amendment, they can send it back to the Planning Commission or schedule their own public hearing. Councilmember Woodard said he does not Iike what came back from the Planning Commission and lie said open spaces are not needed in mixed-use zones by intent. He said he would like all commercial mixed-use and mixed-use zones to be exempt from open space requirements and he would like Council to hold a public hearing for more discussion and public input. He said Spokane and Spokane County do not have this provision and if Spokane Valley does this, he thinks it will disadvantage Spokane Valley property owners from developers who will go to the County, Spokane or another jurisdiction to build their projects.He said smart developers will consider this requirement when determining where they will build. Councilmember Thompson said she is an advocate for open land for children and seniors to use and she said she does not think the trails are a substitute for parks because they do not have monkey bars or swings. Council Study Session: 11-20-2018 Page 3 of 5 Approved by Council: 12-11-2018 Councilmember Wood said he is not in favor of placing restrictions on property owners. He said Spokane Valley has a shortage of land and requiring open space eats into that land for development. He said he thinks the Council should conduct a public hearing.Deputy Mayor Haley said she is in favor of moving the amendment forward the way it is, because she said it appears the developers are providing the open space without being required. Councilmember Wick said when Spokane Valley was developing as a city, we did not require parks and open spaces because the lots were designed to be bigger and people did not need other open spaces, but he said that is changing and our code should reflect our philosophy and where we think we want to be as a City. Mayor Higgins asked for Council consensus as to how to proceed with the amendment. Mayor Higgins and Councilmembers Woodard and Wood said they do not want to move it forward; Deputy Mayor Haley and Councilmembers Peetz, Thompson and Wick said they want to move the proposed amendment forward for Council consideration as it is. 6. Marijuana Code Text Amendment Transportation Use—Erik Lamb Deputy City Attorney Lamb said the City allows licensed production, processing, and retail sale of marijuana.In 2016,the City adopted a prohibition on every other licensed use, including transportation.He said marijuana transportation is a licensed use by State law to transport marijuana between businesses, and requires that detailed chain-of-custody records of the marijuana be maintained.He said the majority of the transportation involves moving product from the east side of the state to the west side. Mr. Lamb asked if there is consensus as to whether Council wants to move the amendment forward to the Planning Commission to consider and provide their recommendation to Council or to continue prohibition of marijuana transportation. It was the consensus of Council to forward the amendment to the Planning Commission for consideration and recommendation. 7. City Logo,Proposed Code Amendment—Erik Lamb Deputy City Attorney Lamb said the City Logo Use requirements have not been amended since 2007 and we would like to better align our logo regulation with our operations. He said we have a few entities that are allowed to use the logo, but the current code is fairly restrictive. Mr. Lamb outlined the changes referenced in packet materials and said they will provide for our three logos: Spokane Valley logo, CenterPlace logo, and the Economic Development logo. He also said the changes propose removal of guaranteed uses to allow flexibility to respond to changing conditions. Mr. Lamb said clear criteria will be set, with considerations to include whether it is used for a service provided to the City, for Economic Development purposes, or whether it is a single use entity or community use, and allow the media to use our logo for new stories without pre-approval. He said under the current code, logo use is approved by the Mayor, but to be consistent with the City's legal construction as a Council/Manager form of government, it should fall under the administrative authority of the City Manager. He said another proposed change is regarding the penalties for misuse. Mr. Lamb said given there were no comments, if Council wishes to waive the rules for three touches, he can bring this item forward for a first and final reading. It was the consensus of Council to waive the rules and take action on this item after one reading. 8. Advance Agenda—Mayor Higgins Councilmember Peetz said there are events held in Spokane that people have expressed wanting to move to Spokane Valley and she would like to see those events held at CenterPlace and that the City be proactive in recruiting them. City Manager Calhoun said CenterPlace and the west lawn are open for business and he said if anyone is interested,they are encouraged to contact us and he is interested in working with whoever wants to use those spaces. Councilmember Thompson asked for and received Council consensus to have staff provide an administrative report on gambling tax. 9. Information Only: The Department Monthly Reports and Quarterly Survey Report were for information only and were not reported on or discussed. Council Study Session: 11-20-2018 Page 4 of 5 Approved by Council: 12-11-2018 10. Council Check-in—Mayor Higgins Councilmember Thompson said she will be in Olympia during the December 4th Council meeting and asked to join the meeting by phone. It was moved by Deputy Mayor Haley, seconded, and unanimously agreed to allow Councilmember Thompson to participate in the December 4, 2018 Council meeting via remote access. Councilmember Wood said he attended an STA board meeting and reported that they were granted $2.64M for six electric buses. 11. City Manager Comments—Mark Calhoun City Manager Calhoun said there is no Council meeting November 27, 2018, and that on Thursday, November 29,the Rotary will have the annual Christmas tree lighting ceremony at City Hall beginning at 5:30 p.m., with performances by Bowdish Middle School choir and marching band and Council will recite `Twos the Night Before Christmas. He said in July, Council authorized staff to apply for '1'1B grants for three projects and we were awarded funds for two out of the three projects. He said we were unsuccessful in our grant request for the Sprague and Barker intersection project but we were awarded $1.875M for the University Rd from 16"`to Dishman-Mica project and $406,400 for the Adams Road Sidewalks from 16th to 23`d project. Mr. Calhoun then played the latest marketing video from NREM set to air between now and the end of the year. During the video, newly designed City of Spokane Valley pins were distributed to Council to give out as part of marketing the City. 12. Executive Session: Pending Litigation [RCW 42.30.110(1)(i) It was moved by Deputy Mayor Haley, seconded, and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss pending litigation and that no action will be taken upon return to open session. Council adjourned into executive session at 7:25 p.m, At approximately 7:50 p.m., Mayor Higgins declared Council out of executive session, at which time it was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. OPP -- — A S ► r'L.R. Higgins, T1 i& hristine Bainbridge, City Clerk Council Study Session: 11-20-2018 Page 5 of 5 Approved by Council: 12-11-2018