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2011, 10-25 Regular Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday, October 25, 2011 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: Citv Staf! Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayar Cary Driskell, City Attorney Bill Gothmann, Councilmember Mark Calhoun, Finance Director Dean Grafos, Councilmember Neil Kersten, Public Works Director Brenda Grassel, Councilmember John Hohman, Community Dev. Director Chuck Hafner, Councilmember Mike Stone, Parks & Recreation Director Arne Woodard, Councilmember Mike Basinger, Senior Planner Kelly Konkright, Deputy City Attorney Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Steve Diamanti of New Life Assembly of God Church gave the invocation. PLEDGE OF ALLEGIANCE: Members of Boy Scout Troop 481 led 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 Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE, BOARD. LIAISON SUMMARY REPORTS: Councilmember Woodard: reported that he attended the Inland NW Ladies Second Annual Tea; went to a Freddie Mac/Fannie Mae forum; the UGA (Urban Growth Act) open house; and a business connections breakfast where an Eastern Washington University economics expert spoke. Councilmember Gothmann: said he attended a Spokane Valley Business Association meeting where a representative from Avista made a presentation concerning "green" activities; said he attended the last meeting for the year for HCDAC (Housing Community Development Advisory Committee), where they discussed contingency plans for their grants; went to a Board of Health Executive Committee where it was reported they will have to delete a department of about six people in order to balance their budget, and that their official meeting is this Thursday; went to a Chamber of Commerce Breakfast where he heard that retail in Spokane Valley declined faster than any place in the county, and also that we have 5% unemployment in the Valley compared with about 9% in the County; went to the Spokane Valley Auditor's Exit Conference; a 9-1-1 Board Meeting this morning where it was mentioned that about twenty towers are going up around the county for first responders' communications, and that the plan is to phase in about five towers at a time. Councilmember Grafos: said he also attended the Inland NW Ladies Second Annual Tea, and the Chamber of Commerce Business Connections Breakfast. Deputv Mavor Schimmels: reported that he attended an STA (Spokane Transit Authority) meeting last week. Council Regular Meeting 10-25-2011 Page 1 of 10 Approved by Council: 11-IS-2011 Councilmember Grassel: said she attended the Annual Tea; went to a ribbon cutting for Spokane Community Colleges; and Chaired the Lodging Tax Committee Meeting. Councilmember Hafner: said he attended the STA meeting; the City's audit exit meeting; visited Felts Field and suggested Council tour the facility; and went to the UGA meeting last night. MAYOR'S REPORT: Mayor Towey reported that he went to the Spokane Community Colleges ribbon cutting; a City Forum downtown with Kathy McMorris Rogers who spoke about jobs in the Pacific Northwest and what her committee is doing to enhance that; went to Opportunity Elementary School for their 5` Graders' Career Day; met with County Commissioner Mark Richard; went to our City's Exit Audit meeting; went to the UGA meeting; and met today with Senator Patty Murray's Representative. PUBLIC COMMENTS: Mayor Towey invited general public comments. 1. Dr. Robert J. McCann, Executive Director of Catholic Charities of Spokane: said he recognizes we are living in challenging economic times, and that difficult times result in city leaders making difficult decisions; and that what we do in our community to protect and preserve each other often defines who we are; he said there are many in our community who are weak and frail due to a variety of reasons and said it is "our job to protect these vulnerable, at-risk members of our community." Dr. McCann said each councilmember has a sacred responsibility to protect those in need; and said that this past year this Council has made decisions that have not lived up to that responsibility; and said it is heartbreaking to those fragile persons who have been pushed aside and forgotten in the process of some of the work done by this Council. He spoke concerning Council's decision not to allow a zoning change to allow Catholic Charities to build housing for low income, fragile seniors on the campus of St. John Vianney's Parish; and said that was more than a missed opportunity to protect those in need, but was perhaps and unfortunately "symptomatic of a deeper and more chronic disregard of the common good." Dr. McCann said Council made the wrong decision, which decision was in opposition to the opinion of the City Attorney and City staff; and he said every councilmember except Deputy Mayor Schimmels denied the request. He further said the Council's choice was one of self-interest and of political self-preservation; he said the choice allowed about foriy individuals on Walnut Street to promote their own self-interest and their own backroom deal with some members of Council; and said these were the same residents who did not complain when a liquor store and a casino opened on their street in recent years. He said council made the choice because council perceives that those who would be harmed by such a decision would be powerless to make a challenge. Dr. McCann said he is here tonight on behalf of those seniors; and said if Council is unable to make decisions for the common good which promote human dignity, and if Council won't protect those in need, then Dr. McCann asked Council to "prayerfully discern whether or not you are suited to hold these offices." Dr. McCann said if Council can't do what is right for the community, he formally asked Council to remove their names from the ballot for city council and to immediately relinquish the position of councilmember so others who are willing to defend and promote the common good can take these important positions; he said it is difficult for him to ask that but feels Council failed in their leadership, and if such continues, he asked Council to "discern the appropriateness of your future in public office." 2. Mel Jones, 1404 N Hodges Road: he commended Council for their forward acts taken regarding the "chicken ordinance" passed earlier this year; said he realizes November 1 is the deadline for things to consider for next year, and he asked Council to consider adding food sovereignty for such things as food safety, nutrition, agricultural and food entrepreneur activities; said he's involved with a company called "Food Access Coalition" and that they are in the process of drafting a comprehensive plan which they would bring to council later to consider adopting; and said if the teapartyers have their way, a lot of the infrastructure that supports safe food will disappear; and if you have the opportunity, he asked Council to lay down some good solid policies and ordinances that will allow people to have control over what they eat. Council Regular Meeting 10-25-2011 Page 2 of 10 Approved by Council: 11-15-2011 3. Edna Perkinson, 6300 E 2 Avenue, Space 121: spoke concerning the issue of manufactured homes and of the ability of the owner to sell the land; said she invested about $20,000 in her home and has lived there for over eighteen years, that it is an older home and if she had to move it, it would probably fall apart; and said she couldn't afford to move it anyway; that the landlord is not required to pay moving costs; that this is not just about the money but about friendships formed in the park where people look after each other; and said she hopes council considers re-zoning the parks. 4. Naomi Eisentra,ger, 2601 N Barker Road: also spoke concerning the manufactured home issue; said people live on rented lots for various reasons; that she is hopeful council will consider a permanent mobile home zoning ordinance; and she handed copies of her written statement to the City Clerk for distribution to Council, and read her statement in support of the zoning change. 5. Rand,�pman, Vice President of the Association: said he has heard neighbors speak, that he met with many councilmembers and appreciates their time and said he hopes council will consider this move tonight to put this on the agenda for next year's discussion and implementation. 1. PUBLIC HEARING: Amended 2011 Budget — Mark Calhoun Mayor Towey opened the public hearing 6:37 p.m. Finance Director Calhoun explained that the proposed 2011 budget amendment reflects changes that have occurred through the normal course of operations, and includes such things as paying for half of the new shop facility, snowplow acquisition, and handling expenses related to some capital projects, as outlined in his spreadsheet. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:42 p.m. 2. PUBLIC HEARING and Motion Consideration: Community Development Block Grant — Scott Kuhta Mayor Towey opened the public hearing at 6:43 p.m. Planning Manager Kuhta explained about the two projects as noted in his October 25, 2011 Request for Council Action, and as discussed previously with council, mentioned the two projects as the Sprague Avenue Resurfacing, and the ADA Sidewalk Improvements. Mr. Kuhta noted that at the October 28 council meeting, Council questioned where the proposed Sprague Avenue project ranked relative to other City streets in terms of pavement conditions; and he reported that one-half of the proposed project area is scheduled for resurfacing in 2012, while the other half is scheduled for 2014, with the thought being if we are going to do half, we might as well do the entire street. Mr. Jackson stated that we are trying something a little different tonight by having the public hearing followed immediately with a motion consideration. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:44 p.m. It was then moved by Deputy Mayor Schimmels and seconded, to direct staff to proceed with applications for selected projects with Sprague Avenue resurfacing as the highest priority. Mayor Towey invited public comments; no comments were offered. Yote by acclamation: In Favor.• Unanimous. Opposed: none. 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. a. A roval of the followin claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT 10-OS-2011 3699-3702; 3712; 24059-24063 $235,513.48 10-10-2011 24064-24098; 93110037; 1005110006 $2,033,735.55 10-10-2011 24099 $1,513.45 10-14-2011 24100-24139 $130,495.30 Council Regular Meeting 10-25-2011 Page 3 of 10 Approved by Council: 11-15-2011 10-18-2011 24140-24192 $313,441.14 10-18-2011 24193-24198 $750.00 GRAND TOTAL $2,715,448.92 b. Approval of Payroll for period ending October 15, 2011: $241,734.39 c. Approval of Minutes of October 4, 2011 Study Session Format Council Meeting Councilmember Hafner asked that voucher #24080 be removed to be discussed separately. It was then moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda with the elimination of voucher #24080. Councilmember Hafner asked the purpose of voucher #24080 expenditure, and Public Works Director Kersten explained that the purchase was for 10,500 gallon storage tanks to store the de-icer; that these amounts would allow a full tanker car of de-icer and give enough storage capacity to get through the winter, with a savings of about 20¢ a gallon, and said the storage tanks are above ground. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve voucher #24080 for payment. NEW BUSINESS 4. Second Readin� Proposed Ordinance 11-014 Amendin�Spokane Valley Comprehensive Plan bv Adopting a Bike and Pedestrian Element — Mike Basin�er After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded, to approve ordinance 11-014 amending the Comprehensive Plan by adopting the Spokane Valley Bike and Pedestrian Master Program (BPMP). Senior Planner Basinger gave a quick overview of this process, and said this chapter will provide background information and guiding policies and goals for council and the community. Mayor Towey invited public comment. Cathy Harris, 13908 E. 32° Avenue said she feels this is a win/win for Spokane Valley, that it educates the public about which roads might be safer for bike travelers, it represents a cost savings or no cost; she mentioned the benefits of exercise; said this benefits our entire community, said people have the right to travel safely; and she urged council's approval. Chris Wetherill, 7712 E. Utah Avenue: said he favors the adoption of the plan; and he thanked everyone involved with special thanks directed to Senior Planner � Mike Basinger. Art Zack, 11715 E. Glenview Circle: said he feels this is a good deal for the city; that he loves biking but walks more than he bikes; and drives more than he walks or bikes; that he cares about all three types of transportation; said this is a question of balance and he feels the plan is balanced and will save our city money since it is an integrated plan; that if you have a high quality of life in the city it will attract high-paying jobs with creative people, he urged Council approval; and also gave thanks to Mike Basinger and the rest of the planners and staff who held over two years of public meetings, and workshops, and he commended them for an outstanding job of informing people. Helen Dewev. 1101 W. Colle�e: handed the clerk a letter from Dr. McCullough of the Spokane Health District and read part of the letter commending the vision of the plan and supporting its adoption into the City's comprehensive plan. There were no further comments. Vote by Acclamation: In favor: Unanimous. Opposed: None. Motion carried. 5 Second Reading proposed ordinance 11-015 Levying 2012 Propertv Tax — Mark Calhoun After City Clerk Bainbridge reads the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 11-01S levying regular property taxes for 2012. Finance Director Calhoun went over his PowerPoint presentation explaining this and ordinance 11-016, which ordinances he explained, are required by state law. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In favor.• Unanimous. Opposed.� None. Motion carried. Council Regular Meeting 10-25-2011 Page 4 of 10 Approved by Council: 11-15-2011 6 Second Readin� Proposed Ordinance 11-016 Confirming 2012 Properiy Tax — Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded, to approve Ordinance I1-016 confirming the 2012 property tax levy. Mayor Towey invited public comment; no comments were offered. Mr. Calhoun again remarked that this represents no change of the ad valorem property tax levy from the previous year. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Motion carried. 7 First Readin� Proposed Ordinance 11-017 Adopting 2012 Budget — Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded, to advance Ordinance No. 11-017, adopting the 2012 Budget, to a second reading. Mr. Calhoun went over his PowerPoint presentation. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 8 First Reading Proposed Ordinance 11-018 Franchise A�reement Bonneville Power — Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 11-018 authorizing execution of an electrical transmission franchise with BPA, to a second reading. City Attorney Driskell gave a history of this franchise, explaining that it was a fifty-year agreement signed January 9, 1959 between BPA and Spokane County; that even though the agreement expired in 2009, the terms are intact until a new agreement is entered into; and mentioned that local jurisdictions are precluded by federal law from requiring any liability provisions from the federal government in franchise agreements; and said that aside from some changes to reflect current law, this is just a replacement agreement. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. At 7:35 p.m., Mayor Towey called for a recess; and reconvened the meeting at 7:48 p.m. 9 Proposed Resolution 11-008 Amending Fee Resolution for 2012 — Mark Calhoun It was moved by Deputy Mayor Schimmels and seconded, to approve Resolution No. 11-008 amending the Master Fee Schedule for 2012. Finance Director Calhoun explained that the proposed changes are not expected to have a significant impact on the 2012 revenues; that as part of the annual operating budget, departments were asked to review their fees and ascertain if any changes needed to be made, either in fees or language; and he noted that these changes would not be effective until January l, 2012. Councilmember Grassel asked about the fire department fees under Schedule C and whether we have any control in that since it appears the fees increased 14% from the previous year. Mr. Calhoun explained that we have an interlocal agreement between us and the Fire District, that it would be possible to amend that in the future and simply have those fees as a pass-through since we merely collect them on behalf of the Fire District. City Attorney Driskell confirmed that staff is recommending considering amending that interlocal to remove that clause. Mr. Calhoun brought Council's attention to the last page in the documents which is an explanation from the Fire District for the change in fees. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 10 Motion Consideration: Draft Le�islative Agenda — Mike Jackson It was moved by Deputy Mayor Schimmels and seconded to approve the proposed revised 2011-2013 Legislative Agenda. City Manager Jackson explained that this is the same agenda brought forward to council previously, and he gave the highlights of an e-mail received this date from Briahna Taylor discussing several follow-up items from Council's previous discussion, including tourism funding and streamlined sales t� mitigation funding. Mr. Jackson reported that Ms. Taylor feels that since the tourism funding was cut last year, with the state making additional cuts now to its budget, that they will be seeking to protect the revenues that were not cut, therefore it seems highly unlikely the state would choose to re-fund a progam already cut; and concerning the streamlined sales tax mitigation funding, Ms. Council Regular Meeting 10-25-2011 Page 5 of 10 Approved by Council: 11-15-2011 Taylor reported that it was profitable for the state and that she is working to get specific numbers from the Department of Revenue. Mr. Jackson noted we likely won't know for a few weeks what the AWC (Association of Washington Cities) will have as their final legislation agenda. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 11 Motion Consideration• Letter for SRTC Emergencv Funds — Mike Jackson It was moved by Deputy Mayor Schimmels and seconded to approve payment for the emergency one-time additional IS% increase of $2,895 to SRTC. City Manager Jackson explained that SRTC (Spokane Regional Transportation Council) Executive Director Kevin Wallace sent a letter to Mayor Towey and Deputy Mayor Schimmels explaining that the SRTC Board unanimously passed a motion to request at 15% increase in calendar year 2011 from local contributions; that this emergency is necessary due to a number of unanticipated expenses that occurred through the past year, that the 15% represents $2,895 in local contributions; and because of the time sensitivity, they are requesting a response no later than November 10, 2011. Mr. Jackson noted that Section 8 of the Interlocal, explains that members who have "annual assessments increased by more than fifteen percent shall be given written notice one year in advance of a proposed budget assessment, " and that this is not greater than the mentioned fifteen percent. Mayor Towey invited public comment; no comments were ofFered. Deputy Mayor Schimmels added that this was due to several odd circumstances; and that they have no intention to do this again next year, that this is just to cover this year's shortfall. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 12 Motion Consideration• Letter Authorizing Extension of Solid Waste Interlocal A�reement — Carv Driskell It was moved by Deputy Mayor Schimmels and seconded to authorize staff to execute the proposed amendment to the "Interlocal Agreement (CH.39.34, RCW) Between the City of Spokane, Spokane County and the Ciry of Spokane Yalley Re: Spokane Regional Solid Waste Management System " thereby extending the agxeement until November 16, 2014. City Attorney Driskell explained that this issue has been going on for some time now; and he gave some of the background of the agreement as per the information contained on the October 25, 2011 Request for Council Action form; he said the City of Spokane and Spokane County are at the end of the negotiations for the operating agreement with Wheelabrator, and when Spokane pays off the outstanding debt on the Waste-to-Energy facility on December 1, 2011, our agreement will expire. He also noted that we anticipate Spokane and Spokane County to enter into an agreement for the operation of the Waste to Energy Facility until November 15, 2014, which is also the date identified on the attached three-year extension as the new expiration date; and said that our staff will continue to negotiate with Spokane City and Spokane County for long term solid waste disposal. Tipping fee increases were mentioned and Deputy Mayor Schimmels said the Liaison Board is recommending a$6.00 increase for 2012, $3.00 in 2013 and 2014, but that they are only an advisory board. Mayor Towey invited public comment; no comments were offered. Councilmember Woodard said he feels we are squandering our negotiating opportunity by not acting sooner, and estimates we lost several million dollars of potential negotiating power. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Grassel, Gothmann and Grafos. Opposed.• Councilmember Woodard. Motion carried. PUBLIC COMMENT: Mayor Towey invited general public comment. Joe McGrath. 9320 E. Mont o�merv spoke concerning the benefits of Felts Field and of the positive asset there for training helicopter pilots. Amelia O'Deen, 12415 East 12`�' Avrnue: said she was giving one last plea to council to study the manufactured housing and zoning issue as it is important to 1,100 citizens directly and indirectly to thousands more. Council Regular Meeting 10-25-2011 Page 6 of 10 Approved by Council: 11-15-2011 ADMINISTRATIVE REPORTS: 13 Lo �in� Tax Fundin� — Mark Calhoun Finance Director Calhoun said he estimates $231,000 available in lodging tax funds for next year, and explained that the funds can only be spent on tourism; he said Council gets a non-binding advisory from the Lodging Tax Advisory Committee for funding allocations recommendations, and stressed these are only recommendations as the ultimate decision for funding rests with Council. Mr. Calhoun said that some of the applicants made presentations October 13, and that the committee has recommended the following allocations: $42,600 for the HUB; $185,000 to the Sports Commission, $3,900 to the Museum, nothing to SpoCon which was scheduled to make a presentation but did not show up, and nothing to Valleyfest. Mr. Calhoun said the Committee also recommends that CenterPlace apply for funding just like other applicants instead of automatically receiving an allocation; and that the Committee recommended a second funding cycle after the first of the year. Mr. Calhoun said the City's 2012 budget includes $30,000 of hoteUmotel tax proceeds to use for CenterPlace advertising. Mr. Calhoun mentioned there will be approximately $220,000 as an ending fund balance and the committee recommends drawing down those funds to no less than $100,000. Councilmember Gothmann asked what effect would there be on staff to have a second round, and Mr. Calhoun said his staff could handle it, but he stressed he has limited staff and that he wouldn't want to do more than two a year. Councilmember Gothmann voiced his disappointment in no funds being allocated to Valleyfest and said he feels that is just wrong; that Valleyfest is the festival to celebrate our city; yet the committee recommended funds to the Museum which does not likely generate heads in beds, and funds to the HUB as well, which is actually outside our city limits; that he feels Valleyfest is similar to the Site Selector, where we set funds aside for that specific purpose, and said it seems logical to have funds set aside for Valleyfest; he said he realizes this issue is not scheduled for action tonight; but he wanted to voice his suggestions and state that he is not pleased with what the committee did and feels it was a dis-service to the community and to the Council. Councilmember Gothmann stated he has no objection to a second round. Councilmember Grassel asked that between now and when the actual vote takes place, she would like Council to have copies of the applications, and Mr. Calhoun agreed. Councilmember Grassel said this is the second year she has chaired the committee; that Valleyfest was discussed; that the Board would recommend authorizing $36,000 but going forward, they would like to see that reduced since it is a local, three-day event, and have the city pick up those funds instead of the using funds from the lodging tax; and said that Council is looking for a return for lodging tax dollars from these groups; that groups like the Sports Commission have a larger return on their investment as they do activities year-round; and she mentioned that Valleyfest applied for outside agency funding this year and was awarded $19,000; that the request for the lodging tax funds was for $50,000 to be used in advertising, and said the committee didn't feel it was a good use of dollars since the local community event doesn't necessarily draw people to come here and stay in hotels; and she suggested having that second round for everyone who wants to apply, even those who applied and were funded during the first round. Councilmember Grassel said the CenterPlace issue was discussed last year as well, that they should have to apply; that it is part of the information process to give council a review of what they did for those dollars, and going back to Valleyfest, they want to see what return Valleyfest got for previous funds. Councilmember Gothmann said the state statutes state the funds are to be used for tourism, and includes such things as museums, and festivals, and that therefore, these funds are designed for such things as Valleyfest; he said he personally saw people at Valleyfest that he knows were from out of town; that Valleyfest brings in tourists; that many times there are figures that are not easy to compute, and he said he feels the committee needs to re-read the state statutes, and reiterated that the funds are for all tourism, not just stays in hotels/motels. Councilmember Grassel said there is a big difference between a$50,000 three-day event and the HUB filling their building year-round as they put on camps and activities in partnership with the Sports Commission; that the difference is huge; she said she is not discouraging Valleyfest from applying, but that the three-day event is mainly driven for the local community. Deputy Council Regular Meeting 10-25-2011 Page 7 of 10 Approved by Council: 11-15-2011 Mayor Schimmels added that Council has some things to consider, such as where do we stand with CenterPlace and Valleyfest; the second round of applications, and to consider the entity that applied but failed to attend the presentation on the 13�'. Mayor Towey said the ultimate decision is Council's and that Council is responsible to accept the advice from the committee and to weigh that to the benefit of our citizens; and said he agrees with Councilmember Gothmann that a second application process should take place; and prior to the final decision, would like to know much funds are left over in reserves so council knows how much would be available for a second round of funding; he said the funds are not meant to be carried over but are meant to be spent; and to answer the question of why three committee members initially agreed that Valleyfest should receive funding, but in the committee's final vote no funds were allocated, that perhaps the applications will help answer those questions; and said historically CenterPlace was given $90,000 so allocating $30,000 to CenterPlace seems reasonable to him; that he wants to review all the applications and CenterPlace should be included. 14 Manufactured Homes Zonin� — Kellv Konkri�ht Deputy City Attorney Konkright explained that last week Council requested more information in order to address some of the public's concerns about the interest of manufactured homeowners and park owners, whereby the home is on leased park land, and of the concern about the temporary nature and whether the homeowner could be forced to move their home, and the costs associated with that issue. Mr. Konkright said that the unique situation where a home owner has invested money in a valuable asset but chose to put it on a temporary lease holder's land, creates tension between the homeowner and the land owner; and several manufactured home owners have voiced their concerns about a lack of protection in our zoning ordinances to guard against an owner from selling the property or converting the park to another use. Mr. Konkright said that the City of Tumwater as well as the City of Lynnwood have mobile home or manufactured home park zoning ordinances, and that there is current litigation against the City of Tumwater which is on appeal as the landowner brings forth a number of Constitutional challenges. Mr. Konkright said that the two ordinances are similar; that Lynnwood allows slightly more uses and they don't prevent the property from being converted; that they restrict the uses of the property to a degree to where under many circumstances, the most profitable use would be the manufactured home park; and since it would be less profitable to convert the use to something else, the hope is the land owner wouldn't do that. Mr. Konkright went over the content of the two ordinances and mentioned some things for Council's consideration: the Department of Commerce tracks closures of manufactured home parks since they (the parks) are required to disclose when they are going to close, and since 2007, the Department of Commerce has no reports of any park closures in Spokane Valley. Mr. Konkright added that there are no planned closures in Spokane Valley, and the situation is similar in Spokane City. Spokane County had only one closure during that time, and that was, Mr. Konkright explained, in Cheney. Mr. Konkright said there are state law protections such as the landlord/tenant act for home parks which states that the owner must disclose the current zoning so the homeowner knows what uses are allowed; that they must offer at least a one-year tenancy and a promise it won't close for at least three years, which notice can be waived by the tenant when the rental agreement is signed; and said that whoever buys the park would be bound by the landlord's obligations as those provisions would run with the land. At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting for thirty minutes. Deputy City Attorney Konkright also explained that state law includes a system for those forced to relocate whereby they can get reimbursed for moving expenses through a state fund managed by the Department of Commerce; that the amount for mobile homes is up to $12,000, and for a single-wide the maximum reimbursement is $7,000; and Mr. Konkright stressed that this is a reimbursement program so the homeowner would have to incur the expense, but could get reimbursed 100% of their cost up to the stated maximums. Mr. Konkright also mentioned there are property rights of park owners and equal protection challenges as per the Fourteenth Amendment. Mr. Konkright added that regarding the Tumwater challenge; that the City prevailed initially but the matter is on appeal to the 9` Circuit Court Council Regular Meeting 10-25-2011 Page 8 of 10 Approved by Council: 11-15-2011 which is historically known for taking a long time in coming to a decision, and said such decision could be a year or longer in the making; and in answer to Mayor Towey's question if we did an ordinance like Tumwater and the courts overturned that, we would be taking chances having such a regulation. Councilmember Gothmann asked where are the mobile home parks permitted in our city and Mr. Driskell mentioned that staff can research that information. Council discussion included mention that tenants want security and the two city ordinances don't guarantee that the manufactured home owner would not be asked to move from the leased property; a question about grandfathering came up and Mr. Driskell said that it would be a pointless ordinance if it didn't apply to existing home parks. Councilmember Grafos said he feels the Tumwater ordinance is a taking, that there is a unique situation with mobile homes as unlike renting an apartment, the tenant doesn't bring in a$40,000 investment; that a lot of these old parks are a target for developers; and mentioned the idea of giving the home owners a three-year window so any developer would have to look at the long range issue. Councilmember Woodard suggested gathering more information on where manufactured homes can be placed in Spokane Valley and said perhaps we could take some ideas to the legislators and seek their help. City Attorney Driskell stated that it appears we are not in a situation of any imminent action and said there are several legal issues to examine closely, one of which would be interfering with a contractual relationship, as well as Constitutional issues, and said staff will monitor the Tumwater case; that this issue came upon us quickly, and staff would like to develop the issue more and that he feels there is ample time to do that. At approximately 9:30 p.m., it was moved by Deputy Mayor Schimmels and seconded to extend the meeting another thirty minutes. In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Grafos, Gothmann and Woodard. Opposed: Councilmember Hafner. Motion carried. 15. Comp Plan Discussion - John Hohman Community Development Director Hohman gave some background on the process for amending our comprehensive plan and discussed the draft amendment docket; and said he wanted to take this opportunity to ask Council for input on other city-initiated changes Council might want to see on the docket; that manufactured homes might be an idea, or council can weigh that as we move forward. Mr. Hohman explained that we are allowed by law to amend the comprehensive plan annually, and our deadline to do so is November 1 S`; that due to the current workload and focus on permitting, staff has not initiated a lot of different amendments, either text or maps; that of those five privately initiated amendments, we have received two actual applications but expect a few more as the deadline approaches. Councilmember Woodard mentioned his desire to include manufactured housing and senior housing, and City Attorney Driskell voiced his concern with adding that topic prior to knowing the outcome in the Ninth Circuit, and said it may be more appropriate to have that on for next year. Mayor Towey agreed and said he doesn't feel we have enough information to move forward on the manufactured housing in one week; and Director Hohman concurred the better approach might be to work through that issue systematically; that regarding senior housing, he said it is on our pending list but we haven't had time to delve into that yet. Mr. Hohman then explained about the city-initiated comp plan text and map amendments and summarized those proposed amendments. Councilmember Grafos mentioned he would like to include the "garden office" designation at places such as Argonne, and would like to review that on a comprehensive basis; and Councilmember Grassel mentioned the Milwaukee right-of-way and Mr. Hohman responded that would be a separate track about facilities, but not part of a comprehensive plan. 16. Advance Agenda — Mayor Towev Councilmember Hafner asked for an analysis of the fee schedule and how we compare to other municipalities; and Mr. Jackson said staff intends to come back throughout next year with an e�austive review. City Manager Jackson said he wanted to clarify a point concerning the recent exit conference our city had with the State Auditors, and during that conference the auditors mentioned we never had a finding, but Mr. Jackson said to clarify, we had a finding in 2006 and 2007 on the same issue concerning how soon and how the city transferred capital projects from construction phase into an asset for the city; Council Regular Meeting 10-25-2011 Page 9 of 10 Approved by Council: 11-15-2011 that since then, there have been no findings; and he mentioned that all auditor's reports can be found on the State Auditor's website. INFORMATION ONLY: Department Reports, Railroad Memorandum, Stormwater Update, Urban Growth Area Update, and Thorpe Road were all for information only and were not discussed or reported. There being no further business, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:48 p.m. �. Thomas E. To y, Mayor ATTEST: � Z i' / hristine Bainbridge, City Clerk � Council Regular Meeting 10-25-201 ] Page 10 of 10 Approved by Council: 11-15-2011 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: October 25, 2011 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please si n in if ou wish to make ublic comments. NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT YOU WILL SPEAK ADDRESS ABOUT �G O�r �vl � ' ��1 � � Z(o� �'Z1 -o ,; z S ' `� -C� � �, �, � l� - �� �. 7l� _ �T��l �►,� 3S=zG� � `� 1�' IM. �' l 0 U.� ,� '� a~� � v�� � 0�12 S /�'��� �- �"y� ��� � �s �e� �oU��'�� n ���ti` � �0�1 ��' � ���e�� ' � . ll�l 5 E.�IEr1u:eW e� r�; � ��- �3 � �}` GL s � � = c . G l '� ( ' f,,�.l o,,,ta,,•ye=.� Z B'w�—t.. � � �� I e:�a'�,� d P� w Please note that once injormation is entered on this form, it becomes a public record subject to public disclosure. GENERAL PUBLIC C�MMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: October 25, 2011 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please si n in if ou wish to make ublic comments. NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE PLEASE PRINT YOU WILL SPEAK ADDRESS ABOUT `��� i 3�� � ,� � � - S73y G,� �l i s � � �.�' - �c.Q ►�'Ylu�l ' l �-�C.�cc Please note that once information is entered on this form, it becomes a public record subject to public disclosure. 1 10/25/2011 Good Evening Mayor, council members. My name is Naomi Eisentrager and I live in River Rose Village at 2601 N. Barker Rd. space #-109. I would like to explain the concerns we residents of MHP's, in the Spokane Valley, have for our continued homeownership. Living on rented lots may not be someone's vision of homeownership, however it is a way many have chosen for a variety of reasons, and an option that has been and still is available, and we are hopeful that will continue with a permanent MHP zoning ordinance. Our collective plea, for a MHP ordinance, is the reason we are here again tonight wearing these bright green t-shirts. We urge the council to take this issue seriously so we won't have to confront the possibility of having to walk away from our homes. If any one of the approximately thirty MHP's, in the Spokane Valley is sold, the owner is required to give a year notice to vacate a lot and the park. In this area there are few empty lots available in valley's approximately thirty MHP's, a testament that MHP's are a more affordable housing option for many, yet not close to enough vacant lots to accommodate the homes from even one MHP, if one should close. Although we may be of varying degrees of ineans we still want our independence. Something living in a MHP affords. We in River Rose Village realize how fortunate we are to live where we do. It is one of the nicest MHP's in the Valley however it is also one that could be sold to a developer because of the location with its long river frontage. With the new bridge on N. Barker Rd. we residents are aware of the sewer line coming closer to our park, which may increase the possibility of the property being sold for a more profitable venture. Out of the over one hundred homes in our park, most would not even have a chance of being moved, because of the age of the home. Then of course the cost of a move is so prohibitive for all but a few homeowners. In the past couple years, many new apartment units have been built, these units are advertised as being affordable, however we all know that the term does not always determine one's ability to pay. For those on a limited fixed budget paying for a rental, which would cost more than where we live now, would be out of the question. Not only would we have to find a new place to live but we would lose all investment in our homes. I've been told that if we can't find or affo�d to move our homes the only option is to walk away from the lives we've created. For those who still have a mortgage on their homes it would be an added concern because not only would they lose their homes but would still owe the balance of their loan. With the economy as it stands, low cost housing units are full and the waiting lists are long and a waiting � � time of two years is not unusual. The many elderly will have only the option of going to a facility where they will be allowed only a small portion of their social security, or moving in with family members probably not the vision they had in mind for their retirerr�ent years. ' 2 Our lives are filled with options; some options are good and others not so good. We do the best within our means, to make the best decisions we can for our existence, and do what we must to live with dignity and independence as long as we are able. We as residents of the areas MHP's hope this council finds the continued and permanent MHP zoning ordinance an important issue to consider because we believe keeping real affordable housing options a priority. Thank You Naomi Eisentrager �_ • SPOKANE REGIONAL H LT H , . 1101 West College Avenue Spokane, WA 99201-2095 October 25, 2011 509.324.1500 � rE� 509.324.1464 � rnn www.SRND.org The Honorable Tom Towey and Spokane Valley City Council City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Mayor Towey and Spokane Valley Council Members: Spokane Regional Health District supports the City of Spokane Valley's Bike and Pedestrian Master Program and its adoption into the City of Spokane Valley's Comprehensive Plan. We firmly believe its adoption into the Comprehensive P�an provides a reaffirmation that the city cares about the citizens and wants to support their health and a higher quality of life. It is the vision of the health district that all citizens in Spokane County live safe, healthy and productive lives. Achieving our vision hinges on our partnerships with proactive jurisdictions like the City of Spokane Valley and its development of the Bicycle and Pedestrian Master Program. Like most cities, the City of Spokane Valley is no exception to the national obesity epidemic we're facing; 64% of adults are considered obese or overweight, putting them at risk for chronic diseases such as diabetes, heart disease, high blood pressure, and some cancers. And nationally, obesity is driving up health care costs more than 16% of the gross national product. Next to tobacco, the obesity epidemic is contributing to more lives lost each year than any other cause. Without changes like those proposed by the City of Spokane Valley, for the first time ever, our children may live shorter lives than their parents. Obesity is a public health crisis. The obesity epidemic did not arise entirely out of poor personal choices as many think. The design of many of our communities over the past decades have eliminated many opportunities for the daily physical activity people used to get, like walking and biking. These small reductions in physical activity can have substantial changes in weight over time. Walking or biking to the store, a friend's house, and to school on a regular basis can help a person lose weight and become healthier over time. Not having those opportunities can have the opposite effect. Our society plays a dramatic role in the obesity epidemic. Effective public policy is essential to turning this trend around. Education and encouragement are important elements of a healthy community, but they do not have the reach or the impact that changes to the environment have for making communities more active. The Institute of Medicine of the National Academy of Sciences recommends fighting obesity by establishing policies to encourage the construction of quality sidewalks, bikeways, and other places for physical activity. Research has shown that environmental and infrastructure changes are the most effective ways to get a community safely active. The Federal Highways Administration safety review The Honorable Tom Towey and Spokane Valley City Council Members Page 2 October 25, 2011 found that streets designed with sidewalks, raised medians, traffic-calming measures and treatments for disabled travelers improve pedestrian safety. The Spokane Regional Health District supports infrastructure projects that are intended to increase the safety of the community and increase the activity levels of the residents who live nearby. Not only would a more walkable and bikeable community encourage physical activity, but it would also promote the reduction of traffic congestion and improve safety, thus increasing the quality of life. Again, we're proud to support the City of Spokane Valley in adopting its Bike and Pedestrian Master Program as it supports our mission to protect and improve the community's health. Sincerely, �� m ` � Joel McCullough, MD, MPH, MS Public Health Director and Health Officer 2011-JM-LOS-BikePlan-SpokaneValley Mike Jackson From: Briahna Taylor � Sent: Tuesday, October 25, 2011 12:19 PM To: Mike Jackson Subject: Follow-Up Items M ike, Per our phone conversation on Wednesday, here are the follow up items from Council's discussion on the legislative agenda. 1) Tourism Funding — Last year, funding was cut to the Tourism Commission and to grants to local agencies for tourism activities. The Council asked for my opinion/recommendation on whether there is an opportunity to re- fund these tourism activities. This coming year, the state is going to make additional cuts to its budget. In anticipation of these cuts, we will largely be protecting the revenues that were not cut last legislative session. It seems highly unlikely that the state would choose to re-fund a program that has already been cut at a time when they are looking at making cuts. I would recommend NOT requesting for the program to be refunded at this time, UNLESS the Legislature develops a revenue package (tax increase) to fund general government activities. If such a proposal is put forward, then it would be appropriate to request that a portion of the revenue go toward tourism. This item does not needed to be added to the Legislative Agenda for the City to take this course of direction. The City would simply need to direct me to monitor for appropriate opportunities to seek tourism funding in the event of a revenue package. 2) Streamlined Sales Tax Mitigation Funding — Council raised the issue of whether the state's participation in the national streamlined sales tax agreement was profitable for the state. In the event that it is not profitable, the council discussed asking the state to exit from the agreement. In the meeting with the Governor's Office, staff indicated that the program has been profitable for the state. I am working to get specific number from Department of Revenue but have not heard back from them. I would recommend not pursuing this route, unless Department of Revenue reports back that there is a negative impact to the state (which seems unlikely). eriahna Taylor Senior Governmental Affairs Consultant Gordon Thomas Honeywell Governmental Affairs Cell: (253) 310-5477 E-mail: btavlor@sth-�ov.com /�'�► GQRD�Ii THOMAS HONEY1MEll oo�ernLLw���ws � 1 _ ._ _ . _ - � — — 11 - ' —