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2019, 01-08 Regular Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, January 8, 2019 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: StaO' Rod Higgins,Mayor Mark Calhoun,City Manager Pam Haley,Deputy Mayor John Holtman,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, Councilmember Mike Stone,Parks &Recreation Director Arne Woodard, Councilmember Bill Helbig, City Engineer Marty Palaniuk,Planner Jenny Nickerson, Building Official Gloria Mantz, Engineering Manager John Whitehead,Human Resources Manager Colin Quinn-Hurst, Sr. Transportation Planner Christine Bainbridge, City Clerk INVOCATION: Pastor Brad Bruszer of Genesis Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge 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. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wood stated he had no report. Councilmember Peetz reported she attended the `Wreaths Across America" ceremony. Councilmember Woodard said he also attended the Wreaths Across America ceremony;he attended City staff member Micki Harnois' retirement;and met with several groups of scouts as they work toward their various badges. Councilmember Thompson reported that she drove through the neighborhoods and noticed the wonderful holiday displays. Councilmember Wick mentioned the Health Board meeting and their national search for a new CEO. Deputy Mayor Haley stated she attended an STA (Spokane Transit Authority) meeting where they worked on end-of-year items, and has another STA meeting tomorrow. MAYOR'S REPORT Mayor I-Iiggins reported that he attended the Clean Air Board meeting last week where the focus seems to be on cannabis, on both growing and processing, and that the attitude seems to be it is up to government to ensure these businesses' success. PROCLAMATIONS Mayor Higgins read a proclamation supporting the EWU Eagles. Minutes Regular Council Meeting:01-08-2019 Page 1 of 11 Approved by Council:01-22-2019 1.PUBLIC HEARING: Proposed Code Text Amendment Open Space—Marty Palaniuk Mayor Higgins opened the public hearing at 6:12 p.m. and at his request, City Clerk Bainbridge mentioned the two a-mails she received, both of which she said were also e-mailed to all Councilmembers; one from Karin Morris who asked that Council consider allowing at least some open spaces, and the other from Arthur Whitten of the Spokane Home Builders Association, indicating his support of removing the 'fee in lieu of' language and that he also supports the amended ordinance to remove the 210 square foot requirement. Planner Palaniuk explained the background of this proposed amendment,and the process this went through with the Planning Commission and Council, and of Council's proposed substantive change necessitating this public hearing; he went through the PowerPoint slides and stated that this proposed change deals with open space requirements for residential development in mixed used zones only,and does not apply to any other zone; and he stressed again that this does not apply to any other zones in our city except mixed use and corridor mixed use zones. Mr. Palaniuk states that currently the Code exempts open space requirements for parcels that are within 1300 feet of a park or trail, and that a substantial amount of this corridor mixed use and mixed use zone is currently within 1300 feet of a park or trail. Mayor Higgins opened the floor for public comments. Ms. Barb Howard, Spokane Valley: asked whatever happened to the integrity of our neighborhoods; that this is a dream come true for developers and contractors;she asked who Council is working for as it appears they are not working for her; said she lives off Pines Road in that area and it is horrendous;they just keep building and building; if Council keeps wanting to change the code,why do we need all the help we have; said we have one code enforcement officer and the County has six; she gave a picture to the Clerk who gave it for Council to see and pass around, and reference that picture, said this is what happened in her neighborhood; said she owns her own property and lives in a mobile home; and that[depicted in the photo] is three or four feet over the height requirements;; said she doesn't trust what they are trying to say now with the MU or whatever zone; said permits were issued for that [reference the photo], and the top is supposed to be storage; they changed it and added an office, and as is shown, there are windows on the back and it has a sliding glass door and a veranda and she asked Councilmembers to please look at the picture; that she doesn't approve of their definition because she doesn't know if it will happen on those areas. In backing up a little,Mayor Higgins explained the ground rules for giving comments;and then invited the comments to continue. Mr. Bob West, Spokane Valley: read his prepared statement; said he wants to educate the general public regarding eliminating green space, and remind Council how important this pending vote is and what it means to the citizens; said for example, a 10-second pause represents what it takes for several items that occur on a Council agenda,to happen;that they could be making a motion from the Council dais to eliminate green space from neighborhoods, or it could be a vote from our Planning Commission that is supposed to have our citizen's' best interests in mind; or it could be a motion to suspend rules and rush a vote on a matter; it could be our Mayor asking for a consensus regarding the changing of an ordinance or amendment to the Growth Management Act; it could be a Council vote of four to three which might be influenced by special interests or political ideology;and most importantly it could be the time it takes to change a person's or a family's life or the integrity of numerous neighborhoods with a single vote; building and development within the City is exponentially increasing and said he feels the process for this development in educating the public needs to be more transparent and processes explored to educate and get more citizen's buy-in when addressing changing the comp plan; asked if the average citizen has any idea what is happening around them and what some of this terminology means that affects their lives and livelihood; and said it is overwhelming; green space, the Growth Management Act, neighborhood integrity, open space requirements in mixed use zones, development of duplexes and townhomes in our R-3 zones, that it is no wonder developers and their allies are flooding the valley with all these new building and development projects;said they are reaping a fortune from the broken system that lets them pave over city neighborhoods Minutes Regular Council Meeting: 01-08-2019 Page 2 of 11. Approved by Council:01-22-2019 for profit; said infrastructure is a second thought in the planning stages; impact fees for developers and builders should be assessed instead of community citizens footing the bills; and said if this way of doing business goes unabated, our valley will disappear; he strongly urged Council to vote down this motion to get rid of the green space in these development standards, and recommends a quarterly Council forum where citizens can have a dialogue with Councilmembers instead of the diminished comment period. Ms. Carol Allen, Spokane Valley: said she understands a mixed use area is an area where there is both residential and business activity;that 210 square feet is not very much space,but if you are in a mixed area where people are living and where there are businesses occurring, you have even more need for a green space; said you need buffers between businesses and neighborhood housing;you need places where people can go and touch the grass; said the Planning Commission recommended 210 square feet; and said she thinks the only reason Council wants to get rid of it is because you don't want government involved in anything, which she said is weird because Council is government; and also because of the developers; said all Council is concerned about is profit, profit for the valley and profit for the developers; said she wants Council to maintain our green space as there isn't that much of it left. Mr. Tim Lape, Spokane Valley: said he's heard on the campaign trail for City Council,that people want to maintain the rural picture of the Spokane Valley; said 210 square feet for open space is a small amount and he thinks it should be more; said he thinks Council should work to provide more open spaces to save the integrity of Spokane Valley and what people love about it; said the removal of the 210 square feet may be a small amount, but it's a start and said he'd hate Council to go down the slippery slope and reduce even more open spaces; said what is the purpose of the Planning Commission as this issue was sent to them and they gave Council a recommendation which included the 210 square feet of open space; said he doesn't know the reasons behind it, but the Council felt that nobody cares about open spaces, which he said is totally false; and said he doesn't know why they did away with this on their own motion, and said it seems to him that if you have a Planning Commission and they give Council a recommendation, that Council should follow it; said he understands the Planning Commissioners are volunteers and have no axe to grind, and that it bothers him that Council ignored the recommendation. Ms. Donna O'Leary, Spokane Valley: said why are we considering this and why is this coming up;said she is aware there is a Growth Management Act, and that the Valley has been growing but that she doesn't understand why Council wants to continue to take property; said just about every Councilmember ran on property rights, but whose,the people who already own and reside here or the developers;that the way she sees it,it is growing way too fast and if it keeps up,we might as well change the name to the city of sardines. There were no further public comments and Mayor Higgins closed the public hearing at 6:29 p.m. 2. Second Reading Ordinance 19-001 Code Text Amendment Open Space—Marty Palaniuk After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to approve Ordinance 19-001. Mr. Palaniuk said he is available if there are questions from Council. Councilmember Woodard said he just wanted to make it clear that this is for the commercial mixed use and the mixed use zones and Mr.Palaniuk confirmed he is correct.Councilmember Woodard further stated that this does not affect residential zoning, or the multi-family zoning,or the commercial or industrial land; and Mr. Palaniuk confirmed he is correct. Mr.Palaniuk stated that it also does not affect public open spaces,as this is talking about private open space dedications required as part of development.Councilmember Wood said he worked on this and this originated with him; that he was working for over one and a half years on the comp plan and zoning regulations, and said he went through it line by line looking at areas he thought were detrimental to property owners, developers,and other people and said he thought it was an over-reach by government.Councilmember Wood then read his statement:"By eliminating the open space requirement in the MU and CMU zones, we will be maximizing the density of development along transit corridors and commercial areas.This will help in providing mixed use residential projects in those areas where sometimes Minutes Regular Council Meeting:01-08-2019 Page 3 of 11 Approved by Council:01-22-2019 lot size could be prohibitive if the open space requirement was imposed." Councilmember Wood said he therefore supports this amendment. Councilmember Wick stated that we have now covered that it does not apply to residential or multi-family zones, and asked what does it apply to; and asked if this would be any multi-family development inside the mixed use zones. Mr. Palaniuk replied, yes, that it would be for any residential development inside of a mixed use or a corridor mixed use zone. Councilmember Wick said therefore we now allow an apartment complex or something like that to be built inside of our mixed use zones, and Mr. Palaniuk confirmed that is correct and that would be a permitted use inside those zones.Mr. Wick asked if that would also apply to the mixed use zones where there is residential and business, and do they also in the existing Code, have open space requirements and that's been removed too?Mr. Palaniuk responded that the existing Code has a requirement of the 210 square feet; there are some exemptions that are permitted in that Code section; now if there are less than ten dwelling units they do not have to provide the open space standard; if they are within 1300 feet of a public park or trail they are not required to provide that open space;and he stated that approximately 60% of the parcels within these zones are within 1300 feet of a park or trail; so that means we are tallcing about applying this to about 40% of the corridor mixed use and mixed use zones, or the parcels within those zones. Councilmember Peetz said that in looking over the materials, some of this requires within a quarter-mile of a public park or trail,but that does not mean that every piece of property is within a quarter-mile of a public park or trail, so it's not all of them just most; she said she feels that disadvantages the properties that aren't near open space; and a couple of things that people in support of this have said, that Spokane and Spokane County do not require open space in mixed zones and may feel it is an economic disadvantage that they are going to Spokane and Spokane County and then coming here and it's not the same across the board; she said we are not Spokane, we are Spokane Valley and she wants to keep the integrity of the neighborhoods and preserve what open space we have left so she therefore does not support this amendment. Councilmember Thompson said she also is not in favor of this amendment because she feels the word `residential' is the key word here: residents are where people are living; said as we see affordable housing becoming more of a problem, more people will live in mixed use areas and multi-use unit places and said she thinks providing for open space,210 feet is per unit so it's not just a small space, but would be enough so there could be swing sets or benches,or walking, or a place to connect with the trail;which she said she thinks is about the integrity of our community, and she wants to maintain that integrity and said she will vote against this. Deputy Mayor Haley said that she looks at this as being mainly along Sprague and Trent and that needs some revitalization; said she knows there are developers who want to do a type of`Kendall-yard' thing in Spokane Valley, which they currently can't do; that there are so many vacancies along Sprague and that she thinks it would be nice to have businesses with apartments above them that are reasonable;that we are well within walking distance to the trail or to parks from virtually any of those places. Councilmember Woodard said the misunderstanding about mixed use is pretty astounding in some ways; that this helps to bring more affordable housing within those corridors; that a builder can probably make some units that become affordable or at least where a lot of this comes from is a person who wants to run a business on the main floor but live above it; those are generally the kinds of lots we are talking about; and it gives other potential options and opportunities to make it affordable to do some of these kinds of developments that everybody seems to be against;he said it is not in your residential zone and it does not affect multi-family, and 210 square feet per unit does not have to be accumulated all in one space and could be like a back patio; said it is not in the front as he would hate to have a swing set in the front yard on Sprague or on Trent or Pines or any of them where traffic is 35 mph or more; but this 210 feet is another room for a business or an the upstairs apartment and said he is in favor of this amendment as it creates another option for business and for accumulating properties together and coming up with a nice strip, boutique-type business area with Minutes Regular Council Meeting:01-08-2019 Page 4 of 11 Approved by Council:01-22-2019 apartments above; and said he is for open space and we are continuing to create that with our park and trail system, but having open space on Trent, Sprague or Pines where there is high speed doesn't make sense to him. Councilmember Wick said he is open to having a development with a mixed use and there are many other communities that do so and that he too would like to see those kind of developments;but that he thinks the Planning Commission's recommendation would help us get there; he mentioned the exemption of within 1300 feet of a public park or trail, so we talk about Sprague Avenue or Appleway,we have the Appleway Trail so plenty within that 1300 feet would be exempt from the requirements of open space;which he said is similar to the current Code; he stated that Trent doesn't have any mixed use or corridor mixed use along that corridor, but as we talk about 60% of this mixed use area is within the 1300 feet,which means,he said we are talking about the other 40% not within the 1300 feet; said he's not saying lie is opposed to development or this kind of development or mixed use as he'd really like to see that,but that he also wants to make sure the infrastructure is in place; and so as we deem where our infrastructure is needed is more of those parks,or open spaces,or trails so that way they don't have to be accommodated in these projects;said he thinks the 1300 feet that has come through the Planning Commission is a good compromise and allows us to do these kinds of things along the Sprague Appleway corridor where there is infrastructure in place and incentives to open those up if we provided the infrastructure such as parks or trails along these neighborhoods that we want to do it in; he said it puts the onus back on us to expand our trails and park system to support more of this kind of development; he further noted that the Home Building Association was the only public comment the Planning Commission received, and the Home Building Association also submitted a letter to Council today saying they support not only the Planning Commission's recommendation,but also the one that we are in today;said no one has really come out against the Planning Commission's recommendation which includes the 1300 foot buffer; said he supports the Planning Commission's recommendation which came forward and includes the 1300 foot requirement, but said as the motion is he is against the motion but would be open if there is any other member of Council who might be interested in going back to the Planning Commission's recommendation. Vote by Acclamation:In favor: Mayor Higgins, Deputy Mayor Haley, and Councilmembers Woodard and Wood. Opposed: Cowicilmembers Peetz, Wick, and Thompson. Motion carried. 3. 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 consent Ai endo. a.Approval of claim vouchers on Jan 8, 2019 Request for Council Action Form Total: $341,888.51 b. Approval of Payroll for Pay Period Ending December 15,2018: $353,513.50 c. Approval of Payroll for Pay Period Ending December 31,2018: $494,727.68 d. Approval of December 11,2018 Council Meeting Minutes, Special Meeting With Legislators e. Approval of December 11,2018 Council Meeting Minutes,Regular Formal Meeting f. Approval of December 17,2018 Council Meeting Minutes, Special Meeting, Accountability Audit g Approval of December 18, 2018 Council Meeting Minutes, Study Session Councilmember Wick asked that voucher#46422 on page 5, which is a payment to Wick Enterprizes, be removed and set aside. City Attorney Driskell said that instead of giving his administrative report later on the agenda, he will be giving it now as it relates directly to this issue. Mr. Driskell said this came up last month and he had a brief discussion with Council about a way to make this a little smoother; and that he had initially told Council that there is a process for that; he stated the applicable law for this is RCW 42.23.070 which identifies among prohibited acts for Councilmembers, that contracts with Councilmeinbers are prohibited with some exceptions, in that if a municipality wants to use a business owned by a Councihnember, it can but the expenditures cannot exceed $1500 per month, and any such contract must be maintained in a publicly assessable database, and that as Mr. Wick has done in the past, he would not be able to participate in the vote. Further, Mr. Driskell said in the future, staff can remove Minutes Regular Council Meeting: 01-08-2019 Page 5 of 11 Approved by Council:0 I-22-2019 such voucher from the original list,to a separate voucher making it easier not to miss; and on that issue, as usual, the Councilmember would recuse themselves from discussion and from the vote on that voucher. Mr. Driskell said we use Mr. Wick's publication on several occasions as we do with other publications, so it is not favoring one publication over another. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the amended consent agenda with Mr. Wick's voucher payment for his publication, being removed. Councilmember Wick recused himself and left the room.It was then moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the $350.00 expense voucher for the Current. Councilmember Wick returned to the room. NEW BUSINESS: 4.Motion Consideration: Amended Legislative Agenda—Cary Driskell Deputy Mayor Haley recused herself from this agenda item since one section refers to child care licensing and she owns two childcares, and she left the room. It was moved by Councilmember Woodard and seconded to approve the proposed amended 2019 legislative agenda. City Attorney Driskell explained that last November, Council approved its legislative agenda; on December 11, Council had a meeting here in Council Chambers with most of its legislative delegation and in discussing legislative issues,Council indicated a desire to consider an amended 2019 legislative agenda relating to child care issues; and he noted the existing language under the "Protect Businesses by Reforming State Regulatory Burden" discussed Labor & Industries, which he said is also contained in another legislative item;and the amendment for tonight,which is in response to the discussion held at the December 11 meeting, is to address a need to form the Department of Children,Youth and Families oversight program. Mayor Higgins invited public comments. Mr. John Harding, Spokane Valley: said he is talking about process and open and accountable government, that when we do propositions without a dollar value, it seems that is an off way to do business when asking taxpayers to pay for something; said as part of the County, our taxpayers are paying the same percentage as the people in town are, for example, sales tax; he mentioned the last tax proposition was passed by 80%of the people who he said are apparently fine in giving fire, police and emergency communication, a blank check; said he's a retired firefighter and supports firefighters, but said he wants to know how much money they want to spend; and that there's a great variation between what they said they needed and what has been generated; and said that no one ever bothered to tell the people that there's millions of dollars generated that weren't initially suggested they would need; said he doesn't know if it's too late to have our legislators look into this; and said he'd appreciate it if Council would look into this in more detail to make sure that anything on a ballot that asks for taxpayer dollars, Let's make sure we have at least an estimate, of how much that will cost. There were no further public comments. Councilmember Woodard explained that this a legislative agenda that Council is trying to bring to the State through our Iegislative delegation;and that any interference with business that is compounding child care business, or L&I needs to be reviewed, and that is what Council is asking in this agenda, as it is getting difficult for child care centers to operate. Councilmember Wick said it appears to him that we are including this as an example in that agenda item and asked for clarification,that this is not like we are going to have our lobbyist fight for child care reform. City Manager Calhoun said that is an accurate assessment. Vote by acclamation:In favor: Unanimous. Opposed'None. Motion carried. Deputy Mayor Haley returned to the room. 5. Motion Consideration: Barker Rd/I-90 Interchange,WSDOT Modified Agreement—Gloria Mantz 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 Road/I-90 Westbound Interchange Project. Engineering Manager Mantz explained the purpose of the modified agreement, as outlined in her Request for Council Action Form. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In favor: Unanimous. Opposed:None. Motion carried Minutes Regular Council Meeting:01-08-2019 Page 6 of H Approved by Council:01-22-2019 6. Motion Consideration: Water District Memorandum of Understanding—Bill Helbig It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to finalize and execute the Memorandum of Understanding with Spokane County Water District#3 for 2019 Pavement Preservation work City Engineer Helbig explained the purpose of the Memorandum of Understanding, as outlined in his Request for Council Action form, and as previously explained. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In favor: Unanimous. Opposed:None. Motion carried. 7. Mayoral Appointments: Planning Commissioners—Mayor Higgins Mayor Higgins gave a brief explanation of the duties of the Planning Commissioners,in that they serve without compensation, and act as a screening source largely for property issues for the City. It was moved by Deputy Mayor Haley and seconded to confirm the Mayor's nominations for Planning Commission appointments of James (JJ)Johnson, Timothy Kelley, and Robert McKinley, each for a three-year term beginning January 1, 2019, and ending December 31, 2021. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In favor: Unanimous. Opposed:None. Motion carried 8. Mayoral Appointments: Councilmembers to Committees—Mayor Higgins At the Mayor's request,City Clerk Bainbridge read the list of proposed committee appointments: (1)Aging & Long Term Care of Eastern Washington — Rod Higgins; (2) Chamber of Commerce Board — Arne Woodard; (3) Clean Air Agency—Rod Higgins; (4) City Finance Committee: Rod Higgins, Pam Haley, Sam Wood; (5)GMA(Growth Mgmt Steering Committee of Elected Officials)—Rod Higgins, Sam Wood; (6) City Governance Manual Committee—Arne Woodard, Sam Wood, Linda Thompson; (7) GSI—Rod Higgins; (8) HCDAC (Housing and Community Development Advisory Committee)--Arne Woodard; (9) Health District Board—Linda Thompson,Ben Wick;(10)Lodging Tax Advisory Committee—Sam Wood; (11)Mayors' Association of Northeast Washington—Mayor Higgins; (12) Spokane County Continuum of Care for the Homeless —Arne Woodard; (13) SRTC (Spokane Regional Transportation Council) - Arne Woodard;(14) STA(Spokane Transit Authority)—Pam Haley, Sam Wood,and Arne Woodard as alternate; (15)Tourism Promotion Area(TPA)—Brandi Peetz;(16)Visit Spokane—Ben Wick, and Linda Thompson as alternate; and(17)Wastewater Policy Advisory Board—Arne Woodard,Rod Higgins. It was moved by Deputy Mayor Haley and seconded to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed above. Mayor Higgins explained that with the exception of the TPA appointment, all appointments for 2019 are the same as they were for 2018. Councilmember Paetz said there are eight committees that don't have alternates, and she suggested perhaps she could be an alternate for one of those; said she understands that the TPA doesn't meet very often, and said she wanted to offer her assistance on those other committees. Mayor Higgins said we will look into that possibility. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: In favor: Unanimous. Opposed:None. Motion carried. 9. Mayoral Appointment: Hotel/Motel(TPA)Hotelier Appointment—Mayor Higgins Mayor Higgins explained that this appointment is different as this is an at-large appointment. It was moved by Deputy Mayor Haley and seconded to confirm the Mayoral appointment of Chris Nelson with the Mirabeau Park Hotel, to the Spokane Hotel/Motel Commission for a three-year terra beginning immediately upon appointment. Mayor Higgins invited public comments. Ms. Carol Allen, Spokane Valley: said she wanted to know the qualifications of these people who are being appointed. Ms. Peggy Doering, Spokane Valley: she asked for clarification if this is for a three-year term, and it was confirmed it is; she recommended Council review the qualifications for these positions and perhaps set term limits on some of these people who are coming forward; said she has served on many committees and removed herself so others can serve; and that it would be good to have others have the opportunity to serve. There were no further public comments. Mayor Higgins asked the City Clerk if this position was advertised. City Clerk Bainbridge explained that this committee appointment is a little different and comes to us from the Spokane Hotel/Motel Association, and according to their bylaws,they send us a list of recommendations;that we advertise it on our website; and this was the only person who applied.Councilmember Wick said we are doing this for a three-year term,but noticed Minutes Regular Council Meeting:01-08-20I9 Page 7 of 11 Approved by Council:01-22-2019 in the packet this appointment is due to a resignation, and he said normally the appointment would complete the resigning member's unexpired term. Ms. Bainbridge said that according to the SHMA,this is to replace a resigning member,and it is for a three-year term;and to clarify,Mr.Nelson is not the person who just resigned. Vote by acclamation: In favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Higgins explained the process, and invited general public comments. Mr.Bob West, Spokane Valley: said regarding recent changes made to the Governance Manual in Iimiting public comments at City Council meetings; said he did a little research and found the following from the First Amendment Coalition,Defending Free Speech&the Public's Right to Know, specifically their intake on limiting public comments at meetings; said he would like to quote from their article: "The Brown Act requires a legislative body to provide an opportunity for members of the public to directly address the legislative body on any item of interest to the public;" said it also talks about regulations limiting the total amount of time allocated for public testimony on particular issues and for each speaker; the Brown Act itself does not define what a reasonable time limit would be but said he believes our present time of three minutes is appropriate and that should remain; every citizen that so desires should be given the opportunity to address the Council; by moving public comments toward the end of the meeting, you are sending a message to the citizens that their comments mean nothing; the Council's business is over at the end of the meeting. You have also put a cap on these comments at 45 minutes in total; this way of doing business is not transparent or productive; it is your job to listen and give respect to any citizen that wants to come forward;this article went on to state that any attempt to impose or apply a time limit to prevent a particular individual from criticizing the Council, or to prevent comments on a particular item, may be in violation of the Brown Act and the First Amendment; said it would be his request to return the directives of the Governance Manual back to what they previously were;in effect,two public comment periods,and limiting speakers to the aforementioned three minutes;said he would also suggest the allowance of a citizen's forum to be conducted on a quarterly basis and to take the place of one of the study sessions; this forum would give our citizens the opportunity to dialogue with Councilmembers and get answers from Council and staff regarding various issues that come up in the community; said that as he has become more involved in the governance procedures within Spokane Valley, he has witnessed and come to the understanding the difficulty in navigating the present system; depending on the issue and who you talk with,many times you are given different answers; if answers given are subject to interpretation, it is difficult and sometimes non- existent to ask for a second opinion or an appeal. Mr. West said he would also propose Iooking at the possibility of an administrative ombudsman for the City to assist citizens in navigating the labyrinth of statutes and ordinances pertaining to these issues and depending upon the department, how to appeal findings; and said that he would hope these recommendations will be given due consideration in the future. Ms.Barb Howard, Spokane Valley: said she wanted to talk about impact fees; she mentioned Eagle Point Apai talents; said when they put that in,they had to do the road which is Jackson, connect the sidewalks all the way around, and upkeep on their landscaping; and said that two out of three "ain't bad." She said the Mirabeau Ranch Estates above the Eagle Point and above where she lives, they had to put up part of the agreement of putting in that development; said she thinks it was either $400,000 or $700,000 to upgrade Mansfield and Pines;it helped put in that light do some upgrades; and she asked why we can't do something like that; that it would help pay for the roads, and other things that are needed; and she suggested putting some of this back on the developers instead of on the citizens. Ms. Rhonda Stapleton, Spokane Valley: said she's lived here since they built their house and it is a wonderful place to raise your children; said her issue is the City is letting too many businesses decide what they are going to do; said she is referring to the new construction at 604 S. Sullivan; said they are putting in a Domino's Pizza and two other little businesses into that stretch mall; said she was told they were going to completely fence in that commercial property; said she has now found out that the property owner wants to leave access off of her dead-end street,Newer Road; she said that on a little piece of 6th Street, which has never been maintained by the City or the County prior to the City's incorporation; she said the only Minutes Regular Council Meeting:01-08-2019 Page 8 of 11 Approved by Council:01-22-2019 maintenance on that abutment of 6th that's ever been done was done by her or her family; and the problem she's going to have is twelve homes on a dead-end street, and Domino's Pizza coming in right on Sullivan; she said they will be coming through that little abutment on 6th Street going down Newer Street; she said they are taking away her dead-end street,that several families have just moved into this area and is a great place for families; and as this is going on, she said property values are plummeting but they will still have to pay the same taxes;that once her road becomes a thoroughfare for delivery drivers,for the general public who don't want to have to deal with Sullivan, decide to come up off of Newer and come into that nice little development that's not fenced off; she said she is speaking for all the neighbors, and said they will start coming to Council meetings, and if Council is going to let this mixed unit of a building be built on the front of Sullivan,but them let them do whatever they want and use her private roads for access, said she believes that is wrong and thinks that something needs to be done about it. Mr. Wes Teterud, President of Widow's Might: said his organization invited Council to an appreciation luncheon back in December, and because of some regulations Council couldn't come, so he decided to come here to express his organization's appreciation on behalf of the eleven member board of trustees and over 3,400 widows in Spokane Valley; he said the City gave them a very nice Outside Agency grant and he wanted to express his deep gratitude and to encourage Council to continue to do that kind of work because he doesn't know of any other kind of civic organization or government that offers that kind of grant to nonprofits, and he again expressed his appreciation, and gave some examples of how that grant money is helping in Spokane Valley, Ms.Peggy Doering, Spokane Valley: said in looking at 2019, she has some expectations and vision and she hopes Council can share that in planning for our City in 2019; she mentioned our young City is growing, and said she would like to believe that Council with the input of all citizens, can have a vision as to what we should look like in livability,building codes, streets,and other amenities,which includes venues,parks, recreation spaces and a safe community; said her vision would like us to consider our street accesses and construction of our arterials and that this will be a huge impact on many if we don't start addressing arterials and the impact of more people and housing, and especially all the apartments; said a vision should also include planning more pocket parks, city parks, and recreation venues; said she has been to a lot of City Council meetings and listening to the development,and we are not asking them to put any green space into these developments of over 220 homes; said we need citizen input on what projects we'd like to have; and with the sports facility, said she thinks this.needs to be reviewed and Council needs input from the citizens who will be paying for this eventually, including maintenance; said she would like to see if we can start putting citizen impact or focus groups together and start talking about our needs;that we hear a lot of people talking but said she thinks it is time to take action and put our vision to work. Mr.Tim Lape,Spokane Valley: said now what the snow season is upon us,snow on sidewalks is a concern; said he lives in an apartment complex and they come down N. Cherry, there is a school bus stop and an STA bus stop,but the sidewalks were unavailable to stand on,so school kids and those waiting for the STA bus were standing in the street; he said there were other STA bus stops where the snow was piled up two to three feet high; said he doesn't know if there is an ordinance requiring adjacent property owners to keep the area clean,but thinks there should at least be an emphasis on school bus and STA stop areas to be given a priority to be cleaned up; said he thinks it is a safety issue and has seen kids slide off the banks that are on the sidewalk, down into the street; and said he would like to see something done about that as it is scary to watch. Mr. Brian Falteisek, Operations Manager with Lime of Spokane: he said Lime is the global leader in smart mobility; they have revolutionized urban centers with smart, multi-modal transportation solutions that he said are free to cities; said they are carbon-neutral; that they recently ran a very successful pilot program with the City of Spokane where they saw over 40,000 individual riders circle the earth five separate times in the miles they rode in only two months;he said the city sponsored a survey and 3500 people responded, Minutes Regular Council Meeting: 01-08-2019 Page 9 of 11 Approved by Council:01-22-2019 with 75% stating Lime is good for the City and they want to see Lime long-term; he said Lime is the efficient, affordable, and fun transportation option; their service complements existing transit options and makes that last mile connection possible;they free up parking spaces,mitigate pollution and generally make life more fun; said he would like to see Lime in Spokane Valley and said Spokane Valley would benefit from Lime; said they provide economic opportunities, they hire locally, their warehouse is in Spokane Valley, and said he guarantees Council will see users smiling as they head to and from their destinations; said if Council can agree on a time to meet, he would appreciate that and he Ieft several of his business cards with the City Clerk for distribution to Councilmembers. Mr. John Harding, Spokane Valley: said he wants to address a public safety issue; as a legislative body of any city or county, it is always mentioned that the number one priority is the safety of its citizens,which he said is as it should be; said we have a problem in that adjacent to us we have a city that is a sanctuary city; said they don't want to admit that but its open knowledge in any other state on the West Coast, and that creates a problem for us; said he'd like to know if there is a definitive way to address the criminal element in our area in the valley that are illegal aliens; he said it is important to define this problem and said he is not sure there is any mechanism put in place to do that; and said until we come up with a mechanism we really don't know;he said what we do know is those people that come to Spokane as a sanctuary city, cost us and everybody in the United Sates $70,000 a year;there is a U.S.Federal Code, perhaps 18 but said he doesn't remember the section numbers, that any entity that knowingly transports these people or accepts them and gives them aid, it's a violation of a U.S.federal law; said he thinks this issue needs to be examined and would be smart for us to do because they don't stay in Spokane, they spread out throughout the community,throughout the county and probably several other counties; and said most of them he's sure are fine people, however, until we can define them by looking at them or vetting them, which he said is a bit difficult to do when you come from many of the nations they come from; said there's no record of these people,we don't know who they are, and said he doesn't think we should accept people who; said many of them who cross the border are terrorists; listen to the border agents, they'll tell you; and said he thinks it is a problem right here that any time you are close to a sanctuary city,you've got a problem. ADMINISTRATIVE REPORTS: 10.Resolution Regarding Holidays,Vacation,and Leave Benefits---John Whitehead Human Resources Manager Whitehead explained that Council approved Resolution 06-026 in December 2006 to delineate the various leave benefits provided to City employees; and that in November, 2018, Council also ratified the 2019-2021 Collective Bargaining Agreement describing the benefits provided to City employees; and this resolution updates those benefits and replaces the resolution of 2006. There was Council consensus to bring this resolution on the January 22 consent agenda for Council approval consideration. 11. Spokane Valley Current Magazine, Claim Vouchers--Cary Driskell This item was explained during the consent agenda. 12.Advance Agenda—Mayor Higgins Councilmember Woodard requested that the Mayor convene some kind of a task force or work group that has to do with solid waste, to include a representative from the City Manager, from Legal, from City Engineer Henry Allen and the water and garbage contract part of the people so we have them represented, along with the purveyors that take care of our solid waste, including Waste Management, Sunshine and also those purveyors that are not, so we can have a serious discussion about what's happening in the world of garbage as things are rapidly changing; said he's been doing some research on solid waste issues to try to figure out the various aspects of recycling, new container development, new laws on straws, plastic bags, and that we should have a conversation to try to stay or get in front of some of the changes that the state is also starting to do particularly on recyclables; and to include two or three Councilmembers on that task force as well.Four Councilmembers raised their hand in agreement. Minutes Regular Council Meeting:01-08-2019 Page 10 of 11 Approved by Council:01-22-2019 Councilmember Wood said he thinks what Ms. Doering said was very good about the idea about a vision and that he likes the idea of focus groups, although said he doesn't know how such groups could be orchestrated or put together, and he looked to the City Manager. Mr. Calhoun said Ms. Doering had an interesting comment, and as far as focus groups, if you think about it that happens in several ways; said the comp plan for example is the vision for how is this City going to grow over the next seven years; in 2019 staff will be bringing forward to Council an updated Park Master Plan where we are going to be seeking public input; and staff will also be bringing forward to Council in 2019, an update on our Bike and Pedestrian Master Plan;he said we take these items on in individual segments and through all those process, we seek public input;he said that the big item would be the Comp Plan which Council adopted in December of 2016, and again stated that this year we will look at the Park Master Plan, and the Bike and Pedestrian Master Plan;regarding Ms.Doering's comment on the sports facility,he said if Council and the community were leaning in that direction,when staff brings that forward that will have a Council conversation again; said staff have been busy working through the budget development, but in a meeting in approximately last August, Council had selected three out of ten possible tourism concepts, and at that point Council asked staff to come back for additional conversations concerning those three selections items, i.e. completing the CenterPlace West Lawn project,replacing a building at the Spokane County Fairgrounds,and the sportsplex idea;he said we have done quite a bit of analysis on each of those and need to determine what else to bring back to Council; but particularly with the sportsplex, our optimistic analysis shows that would be a $2 million annual cash outflow from our general fund,and we know Council would want to think hard on that and have public input on that as we move through those items. Councilmember Thompson said that next Monday the Spokane Valley Youth Voice group will be finalizing plans for an community inclusion engagement event on February 11 which would be their regular meeting, where they want to invite the community to talk about things that the youth see as important to them; and said she will have something to report on that next week, and said Councilmembers Peetz and Wick have been assisting with that, and said that is about engaging the community and talking about issues. 13.Finance Department Monthly Report This report was for information only and was not reported or discussed. CTT MANAGER COMMENTS City Manager Calhoun mentioned we have fifteen City staff members here tonight which represents 16% of our workforce,and by comparison, if Spokane City had 16%of their workforce at a meeting,they would see about 320 staff sitting out here; and said it is impressive the Iarge staff turnout we have for so many of our Council meetings. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:43 p.m. C 7010111% P ATTEST. L.R. Higgins,M or Christine Bainbridge, City Clerk Minutes Regular Council Meeting: 01-08-2019 Page 11 of 11 Approved by Council:01-22-2019 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 8, 2019 PUBLIC HEARING SIGN-IN SHEET SUBJECT: Proposed Code Text Amendment, Open Space Please sign below if you would like to speak at the PUBLIC HEARING. PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME Your City of Residence PLEASE PRINT \A-V.{-30-^-Cf \\1/ H 50.6 Lfra-)9-1- ,577o /1/plic 6r-,A.L... tio "---)Ttyt II Please note that once information is uttered on this form, it becomes a public record subject to public disclosure. SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 8, 2019 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. If you wish to comment about an individual action item on tonight's agenda (such a a otion to approve an ordinance, resolution, or contract) the Mayor will ask for comme s on ose items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF IDENCE PLEASE PRINT WILL SPEAK ABOUT bo 6 (.,3,-) AT �'/l] 5 � / ey C�tilCo �cJ�Ct lam �''i tj 41(10- Sio-etsch" P2)1v4t riet,LAlieu)art 0-witoti �l / Ie , 1e tesei. 1 k Ar,ii< C664.frtc;t r � 17 2,:sc Oa- 0-tet— Please(rote that once information is entered on this form, it becomes a public record subject to public disclosure. Chris Bainbridge From: Karin Morris <karin morris19@hotmail.com> Sent: Tuesday,January 8, 2019 7:30 AM To: City Council; Chris Bainbridge Subject: Writing In Support of Open Spaces, Ordinance#19-001 - public hearing tonight at 6 PM Dear Mayor Higgins, Deputy Mayor Haley, and City Council Members in the City of Spokane Valley, I am writing to ask that you consider allowing at least SOME open spaces in the city's municipal code. I feel that it is vital to preserve at least some open space in our future developments. We don't have to be another Liberty Lake, however allowing some green/open spaces would be appreciated. I have copied some text in the attachment (see below) in support of open spaces. Will you please consider these points when making your decisions tonight. Thank you for your consideration. Sincerely, Karin Morris Spokane Valley, WA "[Public spaces] don't earn direct revenue, but indirectly, they drive a lot of value," Kelley said. These public gathering spaces have other tangible financial benefits. According to a recent Urban Land Institute study, properties adjacent to parks and open spaces can see as much as a 40% increase in value. Nearly 80% of those real estate investors and landlords surveyed by ULI in the same report saw open spaces as a "crucial catalyst for economic development." Hines already hosts 300 events a year at Atlantic Station's Central Park. The expansion will allow the developer to hold larger and longer events, which have a halo effect on the real estate directly bordering the park in the form of higher rents, Garzia said. "We're driving rents higher than we're getting in the rest of the center. And this is already happening," he said. This trend is not limited to urban environments. Many developers are investing big dollars into public gathering spaces even in suburban projects. Some 35 miles north of Atlanta, in suburban Forsyth County, Atlanta-based RocaPoint Partners is taking a wooded, 135-acre tract and transforming it into a dense, mixed-use center with a movie house, restaurants, retailers and office space. 1 Instead of developing hundreds more square feet, Roca Point will take 50 acres of the site and design open, green spaces featuring manicured lawns and a dog park. Roca Point expects to spend millions of dollars on those areas. "Those places have become super important. They are not just afterthoughts," RocaPoint principal Phil Mays said. He called the planned village green "an extension of a community and a connection in exchange for additional profits." https://www.bisnow.com/national/news/mixed-use/greenspace-public-spaces- attracting-millions-of-dollars-for-no-direct-revenue-return-95833 D _ Developers Are Pumping More Money Into Growing Open Spaces At Their Projects - bisnow.com Atlantic Station is a sprawling mini-city in the heart of Midtown Atlanta, home to office towers, condominiums, hotels, townhouses and strings of retail shops spread across its own street grid. www.bisnow.com 2 Chris Bainbridge From: Mark Calhoun Sent: Tuesday, January 8, 2019 7:02 AM To: Chris Bainbridge Subject: FW: SHBA Comments Regarding 2nd Reading of Open Space Code Text Amendment Attachments: 1.7 SVCC MUOS,pdf Chris, FYI Mark Calhoun, City Manager 10210 E.Sprague Avenue I Spokane Valley, WA 99206 (509)720-5100 I mcalhoun@snokanevalley.org Sfilikane This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW From:Arthur Whitten [mailto:AWhitten@shba.com] Sent: Monday,January 7, 2019 2:19 PM To: City Council <CityCouncil@spokanevalley.org> Subject: SHBA Comments Regarding 2nd Reading of Open Space Code Text Amendment Mayor Higgins, Deputy Mayor Haley& Councilmembers, Thank you for the opportunity to participate in the comment period for the open space code text amendment on tomorrow evening's agenda. Please find attached additional comments following last month's public testimony. I am glad to answer any questions you may have. Best, Arthur Arthur Whitten Government Affairs Director Spokane Home Builders Association 5813 E.4th Ave Ste. 201 Spokane Valley, WA 99212 509-532-4990 awhitten@shba.com SPOKANE •0114(1HOME ASSOCIATION 1 SPOKANE HOME •poo0 BUILDERS ASSOCIATION 5813 E 4Ih Ave Ste 201 • Spokane Valley,WA 99212 •509-532-4990 •www.SHBA.com January 7,2019 Spokane Valley City Council Spokane Valley City Hall 10210 E.Sprague Ave. Spokane Valley, WA 99206 Re: Mixed Use Open Space Requirement Amendment To: Mayor Higgins&City Councilmembers Thank you again for the opportunity to comment on matters related to the building industry before the City of Spokane Valley.The over 700 members of the Spokane Home Builders Association work each day in our community to build our community and keep housing attainable. SHBA appreciates the thoughtful discussion and deliberation that has gone into the review of the mixed use open space code and encourages support of its removal as recommended at the December 4th council meeting. Our Association's comments at the December meeting were geared towards the general content of the ordinance and potential barrier it creates to residential development in the mixed use and corridor mixed use zonings. In addition to summarizing our prior comments,we hope to address several concerns that have been brought forward. The original council direction to the Planning Commission was to review the effectiveness of requiring open space for residential development greater than 10 units in the mixed use (MU)or corridor mixed use (CMU) zonings outside of the areas already exempted due to proximity to parks or trails. Staff reports showed that the remaining non exempted areas amounted to approximately 15%of the MU zoning and 50%of the CMU zoning(See Figure 1). SHBA supports the recommendation of the Plan Commission to remove the fee in lieu of language found in the open space code. Never quantified or collected,this portion of the code only represented an additional development cost that like any tax or fee passed by government raises the final cost of housing to the consumer impacting overall housing affordability in the City of Spokane Valley. Furthermore,SHBA is supportive of Council's amended ordinance to remove the requirement for 210 square feet of open space for residential development outside of the prior 1,300 ft exemption area of the two zonings.This amendment brings consistency between Spokane Valley's code with the City of Spokane and Spokane County's mixed use zonings. Area builders and developers look for certainty and predictability when working between local jurisdictions to meet the local market demand for housing. This recommendation is supported by several portions of the Spokane Valley comprehensive plan including LU-P16 which states "maximize the density of development along major transit corridors and near transit centers and commercial areas." and LU-P13 "Work collaboratively with landowners and developers that seek to provide mixed- use residential projects." SHBA The Spokane Home Builders Association represents over 700 members across the Eastern Washington Counties of Ferry, Grant, Lincoln, Pend Oreille, Spokane, Stevens, and Whitman. SPOKANE HOME • BUILDERS 041 ASSOCIATION 5813 E 4th Ave Ste 201 • Spokane Valley,WA 99212 • 509-532-4990•www.SHBA.com Spokane County continues to experience housing shortages fueled by low rental vacancy rates and lack of for sale inventory. Reducing the barriers to infill development near existing city services and amenities allows for a response to housing market demand while simultaneously growing the local tax base and economy in vacant or underutilized parcels.This recommendation is a step towards allowing the sort of development envisioned in the mixed use zoning. Throughout deliberations on this ordinance a number of questions have been raised.To address potential concerns and comments that were raised in December, it is important to note that this ordinance: • Does not change open space requirements beyond the MU or CMU zonings: The existing multifamily zoning open space requirement of 10%gross area is not changed. • Does not change off street parking requirements: Residential units would still be required to provide the parking otherwise necessary in the code. • Would not eliminate existing public open space: As has been noted by staff,these zonings enjoy close proximity to existing trails and parks in addition to the amenities allowed for in mixed use zonings. • Would not preclude a developer from providing innovative market driven amenities in mixed use developments: Our Association encourages market driven public policy. Staff findings have shown that exempt MU and CMU residential developments have largely included open space in recent years, providing marketable amenities to residents without an arbitrary square footage requirement. Thank you for the ongoing opportunity to participate in this and other matters before the Spokane Valley City Council. SHBA encourages your support of the mixed use open space requirement ordinance. I can be reached at awhitten@shba.com or 509-532-4990 ext. 31 with any questions. Best Regards, atitliatC Arthur Whitten Government Affairs Director Spokane Home Builders Association • •. _= SHBA The Spokane Home Builders Association represents over 700 members across the Eastern Washington Counties of Ferry, Grant, Lincoln, Pend Oreille, Spokane, Stevens, and Whitman. SPOKANE HOME "" BUILDERS �� ASSOCIATION 5813 E 4th Ave Ste 201 • Spokane Valley,WA 99212 • 509-532-4990 •www.SHBA.com n Exceptions to the �r,�', = �; open space �' Y 4 requirement �" `-, --i I i (1,r,'. e-' k,r..,,, _ , ! ' .`, II • MU and CMU fr.-- -7f f _.Fy S J13k � �� j zoned sites , :9 that l i e 1,0, : 111 within 1300' k `, « . _ ,. ill . of public Legend parks and �,. ,i Fank5,3GORbuffer 1 -Nolo. trails kw.7==ail 11 I -Centennial TrnA Zoning \gm mil t.3 cf.+.U% Figure 1:Source:Spokane Valley Planning Commission Minutes.April26,2018. • • " SHBA The Spokane Home Builders Association represents over 700 members across the Eastern Washington Counties of Ferry, Grant, Lincoln, Pend Oreille, Spokane, Stevens, and Whitman. Current Code Comparison to PC and CC Recommendation Open Space Requirements for Residential Development in Mixed Use Zones Current Code Planning Commission City Council (19.70.050.G) Recommendation Recommendation • 210 square feet per • 210 square feet per DU • Eliminate the open dwelling unit (DU) • Required no matter the number space requirement • Not required if less of DU for all residential than 10 DU • Not required if within 1300 feet development in the • Not required if of a public park or trail mixed use zones within 1300 feet of • Eliminates "fee in lieu of" Note„ the change public park or trail • Not Required for residential does not affectillulti • Allows "fee in lieu" development containing a family Residential Zones "mixed use" component •s�