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2020, 12-08 FormalMINUTES City of Spokane Valley City Council Regular Meeting Formal Format Tuesday, December 8, 2020 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via Zoom meeting. Attendance: Councilmembers Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Staff Mark Calhoun, City Manager John Hohman, Deputy City Manager Chelsie Taylor, Finance Director Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Bill Helbig, City Engineer Jenny Nickerson, Building Official Greg Baldwin, Development Services Coordinator Carrie Koudelka, Deputy City Clerk ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS Councilmember Haley said she attended the STA board meetings and reported that the Spokane Regional Health District is using STA busses to transport COVID positive patients but they are no longer using STA drivers; and she said the FTA lobbyist said the FTA is not going to fund any projects unless there is a minimum of a 50 percent local share, which increased from a 20 percent local share. Councilmember Woodard had nothing to report. Councilmember Higgins said the Spokane region has been under scrutiny from the EPA for its past performance of poor air quality and while we have been doing better over the past years, he said in early September we had abnormally poor air quality due to fires. He said we have applied for an "exceptional event" that will hopefully keep us in the good graces with the EPA if it is approved. Councilmember Hattenberg said he met on the performance monitoring committee for STA and he said they approved a contract with the police department for an on -sight police officer at the transit center for crisis prevention. He said there are also two STA security officers and by contract they will receive forty hours of crisis prevention training from the Spokane police department. He also reported that they are looking at additional funds for improvements to the I-90 Valley line park and ride and the Sprague line. Councilmember Thompson said she attended the Spokane Regional Board of Health meeting and they unanimously validated Dr. Velazquez as the interim Health Officer and they began the search for the permanent Health Officer. Deputy Mayor Peetz said at the Valley Chamber meeting they discussed using kindness in the medical field and how businesses and leaders can incorporate kindness into their processes and she said there will be a virtual Lunch and Learn Tuesday December 15'1' at 12:00 p.m. and the topic will be about the impacts on real estate. Regular Formal Council Meeting: 12-08-2020 Page 1 of 4 Approved by Council: 12-22-2020 MAYOR'S REPORT Mayor Wick said he chaired his last board meeting of the Spokane Regional Health District and he reported that at the rate they are currently going with their COVID response, they will exhaust all CARES funds received by mid -February 2021. He said the SRTC is searching for a new Executive Director. PROCLAMATION: n/a GENERAL PUBLIC COMMENT OPPORTUNITY (11: n/a NEW BUSINESS 1. 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. a. Approval of Claim Vouchers on Dec. 8, 2020, Request for Council Action Form Total: $1,131,105.76 b. Approval of Payroll for Pay Period Ending November 30, 2020: $539,242.33 It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. 2. Second Reading Ordinance 20-023 Adopting 2021 Budget — Chelsie Taylor After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve Ordinance 20-023 adopting the 2021 Budget. Finance Director Taylor said Council has heard seven presentations on the budget and has held three public hearings, and this is the eighth presentation. She said the total appropriations are approximately $98 million across all funds and the FTE count remains the same as it was for 2020 at 95.25 FTE. She said the projected ending fund balance in the general fund is expected to be $33 million which is 73.25 percent of recurring expenditures and greater than the 50 percent cap. Vote by acclamation: in favor: Councihnembers Haley, Hattenberg, Thompson, Mayor Wick and Deputy Mayor Peetz. Opposed: Councihnembers Higgins and Woodard. Motion carried. 3. First Reading Ordinance 20-026 Adopting Transportation Impact Fees After Deputy City Clerk Koudelka read the ordinance title, it was moved by Councihnenrber Woodard and seconded to advance Ordinance 20-026 adopting, assessing and collecting transportation impact fees to a second reading as proposed. City Engineer Helbig went through the slide presentation stating that this process began over a year ago with the South Barker Corridor Study to implement transportation impact fees related to new development to pay for infrastructure and services. He said the fees can only be used for capital improvements and the SRTC recommended seven improvement areas along the South Barker corridor that total just under $19 million. Deputy City Attorney Lamb discussed the proposed code changes outlined in the presentation and he said they are all identified in the ordinance, the bulk of which are in Title 22 SVMC adopting the impact fees. He said that the specific rates will be delineated by rate studies, the fees will be collected at the time of issuing building permits rather than during the planning stages and the proposed base rate for South Barker is $1,272 per p.m. peak trip, compared to $2,831 per p.m. peak trip for the Northeast Industrial area. It was noted that the Planning Commission held a public hearing on this item and per the Governance Manual, there would be no further public comment after the public hearing process has been conducted. The agenda mistakenly listed a public comment opportunity for this item and one person registered to give public comment. It was moved by Councilrnember Higgins and seconded to make an exception to the rules and allow the person that registered to give public comment the opportunity to provide public comment. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. Scott Grimmett, Spokane Valley, spoke in opposition to the impact fees. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. First Reading Ordinance 20-027 Adopting Municipal Tree Ordinance — Mike Stone, Cary Driskell After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to advance Ordinance 20-027 regarding the City's municipal tree program to a second reading. Parks and Recreation Director Stone said that at the November l7th meeting Council discussed the relevance of an ordinance seeking a Tree City USA status and he said the proposed code will only apply to City -owned trees and not trees on private property. Regular Formal Council Meeting: 12-08-2020 Page 2 of 4 Approved by Council: 12-22-2020 Barb Howard, Spokane Valley, withdrew her request to provide public comments on this topic. Vote by acclamation: in favor: Councihnenrbers Haley, Hattenberg, and Thompson, Deputy Mayor Peetz and Mayor Wick. Opposed: Councilinembers Higgins and Woodard. Motion carried. 5. First Reading Ordinance 20-029 Granting Comcast Franchise Agreement After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to advance Ordinance 20-029 to a second reading. City Attorney Driskell said an overhaul was done on the cable regulatory provisions and the franchise agreement with Comcast expired in July, 2020. He said the proposed franchise is for ten years and the City will collect fees from Comcast as allowed by law. It was moved by Councihnenzber Higgins and seconded to amend the motion to suspend the rules and adopt the Ordinance in one reading. Vote by acclamation on the amendment: in favor: unanimous. Opposed: none. Motion carried. Vote by acclamation on the amended motion: in favor: unanimous. Opposed: none. Motion carried. 6. Motion Consideration: Award Lodging Tax for 2021 It was moved by Deputy Mayor Peetz and seconded to make the following allocation of Lodging Tax funds for calendar year 2021: Historic Flight Foundation — up to $15, 000; HUB Sports Center— up to $45, 000; JAKT — Brews, Beats & Eats — up to $2, 600; JAKT — Crave NW — up to $15, 200; JAKT — Farmers Market — up to $7,200; Northwest Winterfest — up to $49,000; Spokane County Fair & Expo — up to $49,000; Spokane Sports Commission — up to $27, 000; Valleyfest — up to $12, 600; Valle} fest Cycle Celebration — up to $1, 800 and an amount of the remainder of actual lodging tax collections to be moved into the 1.3% Lodging Tax Fund account dedicated for a large sports venue or venues for tourism, facilities that generate overnight guests so that the ending And balance in the Hotel/Motel Tax Fund #105 is approximately $165,000 at the end of 2021. Finance Director Taylor said that Council has seen several presentations on this and they have the option to approve the recommendations as they stand, they can veto out a line item, or Council can remand the recommendations back to the LTAC for new recommendations, but she said remanding them back to the LTAC for new recommendations will push the process out and may impact the budget processes for the requesting agencies. Barb Howard, Spokane Valley, spoke in opposition to the $49,000 recommended for Northwest Winterfest. Councilmember Woodard said that Northwest Winterfest is held at a private location rather than in a park and he said he doesn't think they will be able to do what they proposed. It was moved by Councilmember Haley and seconded to amend the motion to recommend $0.00 to the Spokane Sports Commission. Vote by acclamation on the amendment: in favor: Councilmenrbers Haley, Hattenberg, Higgins, Thompson, Woodard and Mayor Wick. Opposed: Deputy Mayor Peetz. Motion carried. It was moved by Councilmember Thompson and seconded to amend the motion to recommend $0.00 to JAKT— Brews, Beats & Eats. Vote by acclamation on the amendment: in favor: Councihnernbers Hattenberg, Thompson and Mayor Wick. Opposed: Councihnenrbers Haley, Higgins, Woodard and Deputy Mayor Peetz. Motion failed. Vote by acclamation On the motion as amended:: in favor: Councihnenrbers Haley, Hattenberg, Thompson and Mayor Wick. Opposed: Councibnernbers Higgins, Woodard and Deputy Mayor Peetz. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Wick read the process for making public comments. Barb Howard, Spokane Valley, asked questions of Council pertaining to contaminated water at her house and spoke about health related topics. ADMINISTRATIVE REPORTS: 7. 2021 Fee Resolution — Chelsie Taylor Finance Director Taylor along with Building Official Nickerson and Development Services Coordinator Baldwin discussed the proposed changes to the Master Fee Schedule for 2021 as outlined in the packet materials. She said that changes to Schedule C for the Parks and Recreation department primarily clarify the fees and eliminate fees for things that aren't being used, and she said Section G adds the rate schedule for impact fees that were discussed earlier in the evening. Ms. Nickerson said that the proposed changes to Schedule A for Planning are significant because they have not been updated recently and Mr. Baldwin said Regular Formal Council Meeting: 12-08-2020 Page 3 of 4 Approved by Council: 12-22-2020 in reviewing the fees, hn looked at fees ofc»hur jurixdic(ions on`mx| the area For comparisons as well as ,jurisdictions oil the west coast but lie said the fees for the west coast agencies were not included in the filial comparison hcoauon of skewed numbers. City h4aoogcrCa|houu said the increases bring Our fee schedule in line with iieigliboi-iiigj*Lli,lsdictioiis. Councilmernber Woodard asked if all annual cost ofliving adjustment was built in for future increases and Ms. Nickerson said they will have that included for the next meeting. 8. Advance Agenda — Mayor Wick 9. INFORMATION ONLY:D��� CITY MANAGER COMMENTS: City Manager Calhoun reminded everyone of the special meeting scheduled for December 15, 2020 at 5:00 pm. to communicate the 2021 state legislative agenda to the 4m Wxbic\ Lcgia|uion and hc said the instructions to enter the Zoorn meeting will be different fi-orn the regular Council meetings and they will be included oil the agenda. 10. Executive Session D{CVV42.30.||0(|)(lUPotential Litigation bwas xmmct �);/���),oi- Peetz, secomlecl mml/manilm/tsl)� to W�jO111'17 inlooxecnlive/essioll f�)i,�Iii,mit.Ym���to (Ii.vcii,vspotel7liCillifigCltiOI7 tindificit/modi011will belukenitl)mmYxm /ooppnxoxxkx/.Council udUoornedinto oxocodvcenoiouat7:4| p.nn,&t7:5| p.m.K4uyor�Yiokdeduncd Council out of executive vc session at which time it was moved 6v l)ep/ly Muvo/ yeetc xcoonde// ond ATTEST: Christine Bainbridge, City C|u1 � Bell Wick, Mayor Regular Formal Council Meeting: 12'08'2020 Page 4uf4