City Council

CITY COUNCIL MEETING / PUBLIC HEARING TUESDAY, JUNE 16, 2015 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. REVISED AGENDA 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. PRESENTATIONS Waste Management Donations to Local Non-Profits Liberty Lake Municipal Library Board of Trustees Annual Report 8. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Finance Committee  Public Safety Committee 9. CITY ADMINISTRATOR REPORT 10. ACTION ITEMS A. Consent Agenda i. Approve the June 2, 2015 City Council Minutes ii. Approve June 16, 2015 vouchers in the amount of $1,548,919.29 11. PUBLIC HEARING Trutina Preliminary Plat, 2015.PL0001 Closed Record Public Hearing 12. INTRODUCTION OF UPCOMING AGENDA ITEMS The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. 13. CITIZEN COMMENTS 14. ADJOURNMENT The public is invited to attend. Parking and meeting rooms are accessible for persons with disabilities. Contact the City at 755-6700 with 24-hours advance notice for special accommodations. PRESENTATION Preserving Yesterday, Informing Today, Inspiring Tomorrow Preserving Yesterday, Informing Today, Inspiring Tomorrow  LIBERTY LAKE MUNICIPAL LIBRARY Preserving Yesterday, Informing Today; Inspiring Tomorrow 2014 ANNUAL REPORT HIGHLIGHTS OF 2014 IV. Holdings  New Library Website SNAPSHOT Physical items 33,583 I. General Statistics III. Patrons Digital 55,986  E readers For Check Out Patron Visits 59,224 Adult 2,502  Teen Tech Month Adult Non-Res 1426 63% of collection is digital Check outs 131,220 Circulation 217,710 Minor 1108 Items deleted: 2658  Charging Station for Patrons ILL 144 Minor Non-Res 367 Items added: 3,198  Teen CyberSmart Program Computer check out 4,100 Homebound 15 Loaned to CIN 15,012 Business 10 CIN Holdings 595,502  Foundation Reading Garden Borrowed from CIN 14,438 Staff 11 Reciprocal Borrowing Privileges at  Summer Reading Program Miscellaneous 35 Spokane County Library District Total cards 5,498  Virtual Gardener’s Library II. Programs Attendance 5,871 New Cards in 2014 1,153 V. Fines/Fees : $7,119.48  New Adult Services and New Summer Reading 756 Youth Services Librarians Hired  Special Exhibit of Historical col- Library Collections lages “Then & Now” during the Library Services Books : Adult, YA, Juvenile, Picture summer Newspapers Free wireless internet Community Art Display Music & Digital Music  Friends’ Annual Tea is Sold Out! Internet computers Book Clubs Magazines & Digital Magazines  STEM-tacular Saturdays Inter-library Loan Liberty Lake Needle Arts Society Maps Lego Club Volunteer Opportunities Reference  Hour of Code Children’s Programs Homebound Outreach Online research databases Early Literacy Programs Reading Counts, Accelerated & Downloadable Audio Books Lifelong Learning Classes Guided Reading Programs Downloadable eBooks Copy machine Summer Reading Program Jobs & Career resources Library Board 2014 Public Meeting Room Friends’ Bookstore Computer-based tutorials  Lu Embrey 24/7 Online Catalog Video Conferencing College-level courses on DVD Jobs & Career Center Public Service Announcements Computer games  Tricia Morgan Reference Microsoft IT Academy Movies on DVD  Linda Dockrey Reader’s Advisory Library Page in The Splash Books on CD Community Bulletin Board Databases: Large Print  Carol Johns 24/7 Online Reference Genealogy, Consumer Reports, Children’s Early Literacy iPads  Pat Lutzenburger Computer classes Health, Encyclopedia, Re Children’s Story Kits Library Newsletter search, History, Literature  City Council Subcommittee Agendas  Finance Committee Meeting Agenda – City Hall Conference Room June 16, 2015 6:00 PM to 7:00 PM I. Legislative Update II. Financial Information a. Debt Capacity b. Financial Forecasts III. 2015 Budget Calendar & Process IV. Other V. Voucher Review From: Brian Asmus To: Dan Dunne; Odin Langford; Keith Kopelson; Pamela Mogen; Bryan Collins (collinsb@spokanevalleyfire.com) Cc: Katy Allen; Ann Swenson Subject: Public Safety Meeting Agenda Date: Monday, June 08, 2015 9:38:38 AM Public Safety Meeting June 9, 2015 5:00 P.M. LLPD Small Conference Room Library Report Pamela Mogen SVFD Report Chief Bryan Collins Police Report Chief Brian Asmus Update on cases Life Saving Award to Officer Jeff Jones Windermere Marathon debriefing Too Good For Drugs Graduation Liberty Lake Elementary School on the 12 th from 9:20-10:30 Community Garage Sale Event Incident Action Plan New Patrol Vehicles are now in service 2016 Budget Equipment Replacement MDC Taser Vehicle Rotation Plan (one vehicle 2016) Unfinished Business New Business Adjourn Liberty Lake Municipal Library MAY 2015 Statistics Circulation May 2015 May 2014 Checkouts 7,113 6,543 Renewals 1,054 551 In-House 204 331 ILL filled 7 20 Digital 557 608 Freegal 545 N/A Loaned to CIN 972 1,133 Total items 10,452 9,184 Fancy Nancy Mother/Daughter Tea 2015 Borrowed from CIN 849 719 Check-ins 7,473 6,719 Patrons Total Visits: 4,631 2764 (estimate) Story/Craft times: 371 368 Adult programs: 49 40 Program visits: 420 408 Patrons added: 72 78 Total patrons: 5,919 5,773 Outreach & Events In May Computer classes Kid’s Craft Class SCTU Personal Finance Class City Hall Open House Farmer's Market Outreach (1) Author Visit: A.R. Shaw Fancy Nancy Mother/Daughter Tea Party Gardening For Life Class Library Tools Class Movie Nights (2) Looking Ahead Friends of the Library Book Sale: June 12th & 13th Summer Reading Registration: June 1st This year’s program will be 11 weeks long, ending on August 15th and offer three levels: Every Hero Has a Story: Families & kids to 4 – 12 Unmask: Teens 13 – 18 Books to Movies: Adults STCU: Budgeting 101 Class / June 10th How to Grow Small Fruit at Home Class / June 11th Film Expert Program: Books to Movies--the stories behind how classic books became movies/ June 20th Book Club (Summer Reading Prog & Adult's Book Club combined) begins meeting at Barlow's / Movie @ the Library: June 22, Book discussion @ Barlow's June 25. Special Computer Class: Easy basic maintenance/ June 27 Farmer's Market June 27 LL Needle Arts Society / every Saturday @ 10:30 Kid's Craft Classes / every Saturday @ 1:30 ACTION ITEMS  City of Liberty Lake Consent Agenda for June 16, 2015 City Council Meeting Report from the Mayor for pending claims and payment of previously‐approved obligations through June 16, 2015 Payee Description Amount See attached voucher report. Total vouchers through June 16, 2015 $ 1,167,031.36 29‐May‐15 Bank of America Check No. 20913 $ 80,759.90 May Payroll & Benefits $301,128.03 TOTAL $1,548,919.29 RECOMMENDATION: Approve and Authorize for Payment ATTACHMENTS: All original invoices are on file with the City Treasurer. SIGNATURES: City Clerk Mayor Finance Committee PUBLIC HEARING INFORMATION  AGENDA ITEM NO.: 11 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: June 16, 2015 Trutina Preliminary Plat (File # 2015.PL0001) DEPT. OF ORIGIN: Planning & Building Services DEPT. HEAD APPROVAL: Katy Allen EXHIBIT: Memo to City Council for Hearing - Project Procedure Types / Closed Record Public Hearing Process Notice of Public Hearing Before the City Council & Hearing Examiner Recommendation Notice of Hearing Examiner Public Hearing Sign Location & Picture Notice of Hearing Examiner Public Hearing Affidavits of Posting and Mailing Notice of Hearing Examiner Public Hearing Affidavit of Publication Notice of Hearing Examiner Public Hearing Emails Planning & Building Services Staff Report & Attachments (available at http://www.libertylakewa.gov/DocumentCenter/View/1815) Additional items in the record (available upon request) EXPENDITURE REQUIRED: Not Applicable BUDGETED: Not Applicable SUMMARY STATEMENT The Trutina Preliminary Plat (File # 2015.PL0001), proposes to subdivide 137.33 acres into 400 lots (363 residential and 37 commercial / multi-family) with open space and drainage tracts. The project is located East of Harvard Road (Parcels 55102.9019, 55102.9020, 55102.9014, 55102.9013, 55102.9067, 55102.9069, & 55101.9093). The Hearing Examiner has recommended that this matter be remanded to the City of Liberty Lake to schedule a new public hearing (open record before the City Hearing Examiner) after all notice requirements under the municipal code have been satisfied. The Hearing Examiner concludes that the notice for the public hearing conducted on May 13, 2015, was legally defective because the Notice of Hearing was not posted on the project site for the required period of time. In the alternative, in the event the City Council disagrees with the Hearing Examiner and concludes that the public notice was legally sufficient, the Hearing Examiner recommends approval of the preliminary plat, subject to conditions (see attached recommendation). RECOMMENDED ACTION To consider the Hearing Examiner's Recommendations and other items in the record prior to making a decision to: 1. Accept the Hearing Examiner’s Recommendation that the Trutina Preliminary Plat be remanded for a new open record public hearing. 2. Reject the Hearing Examiner’s Recommendation that the Trutina Preliminary Plat be remanded for a new open record public hearing. If #2 above is selected, then to consider the Hearing Examiner's Recommendation that the Trutina Preliminary Plat be Approved Subject to Conditions as set forth in the Findings, Conclusions, & Recommendation for File 2015.PL0001 and other items in the record prior to making a decision to:  AGENDA ITEM NO.: 11 BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON a. Accept the Hearing Examiner’s Recommendation that the Trutina Preliminary Plat be Approved Subject to Conditions as set forth in the Findings, Conclusions, & Recommendation for File 2015.PL0001. b. Reject the Hearing Examiner’s Recommendation that the Trutina Preliminary Plat be Approved Subject to Conditions as set forth in the Findings, Conclusions, & Recommendation for File 2015.PL0001.  PLANNING & BUILDING SERVICES April 26, 2011 (Updated May 27, 2014) Memo To: City Council RE: Project Procedure Types / Closed Record Public Hearing Process Legislative vs. Quasi-Judicial Actions As related to land use, there are two types of actions that a City must consider, legislative and quasi-judicial.  A legislative action is one which will affect the entire community, not just an individual property owner or single piece of land. Examples include updating or revising a comprehensive plan and adopting zoning code text amendment ordinances. When you change the comprehensive plan or zoning code, the rules change for everyone. No one is seeking or being granted special consideration. Legislative actions are “open record” throughout the review and decision process.  A quasi-judicial action is one in which the reviewing body is sitting “like a judge,” evaluating a specific case or proposal submitted by individual parties. Examples include applications for variances, special use permits, and subdivisions. In each case, a decision is being made that affects an individual (or family, partnership, or corporation), but not the entire community. The reviewing body is acting like a judge, weighing the merits of an individual case before the court. Guilty or not guilty? Grant the variance or deny it? Quasi-judicial actions have “open record” and “closed record” components depending on the type of application. Appearance of Fairness & Ex Parte Communication (derived from the Short Course On Local Planning Resource Guide - created for Planning Commissioners) When you’re dealing with these individual applications and project proposals, you are held to very high levels of scrutiny. These are contained in the Appearance of Fairness Doctrine. Basically, all of your actions when you are in your quasi-judicial role must not only be fair in fact, but must appear fair to the average person. The question you must ask yourself is: Would a disinterested person, apprised of the totality of your personal interest or involvement in the matter which the commission / council is considering, be reasonably justified in thinking that your involvement might affect your judgment in reaching a decision? The place where most commissioners / council members get into trouble on this one is a direct result of their well intentioned attempts to be open and accessible to their friends and neighbors. It’s really difficult to cut someone off when they call you up at home, or approach you on the street or at the coffee shop and start to tell you what they think about a particular proposal which you’re considering, or are about to consider. But when you listen to their thoughts outside a regular meeting, regardless of whether they are for or against the proposed project, you are engaging in what the law calls an “ex parte” communication. Ex parte communications are forbidden, because they violate the intent of the Appearance of Fairness Doctrine: Regardless 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV of whether any single “off the record” conversation influenced your final vote on a proposed project or application, it just doesn’t look right. The law says your actions must appear fair as well as be fair in fact. So what do you do if you get a letter at home, and read it through before you realize it’s an attempt to lobby you to approve a new 80-home subdivision? Or what if a friend grabs your arm at the post office and blurts out his deeply held thoughts that the thus-and-so project, if approved, is going to change forever the rural character of your town? (He knows this because he worked for years as a real estate appraiser in a very similar community in California, and he can tell you as a real estate professional exactly what a proposal like this one did to that town and its tax base.) When a situation like one of these occurs, you need to take immediate action at the next meeting. You’ll need to announce and place on the record at the beginning of the discussion of that item the substance of any written or oral ex parte communication which you’ve received. If you feel that, regardless of this contact, you’ll still be able to render a fair decision, you need to state that for the record as well. At this point in the meeting, you’ve opened yourself up for a challenge from anyone who feels that you’ve been tainted by the ex parte communication. If you’re challenged, and don’t step down for the duration of the discussion and decision on the proposal under consideration, you’ve left yourself and the commission / council wide open for a legal challenge. Our advice if you’re challenged? Consult with your city attorney or county prosecutor, if that person is available: You may be able to stay and participate. But in the absence of legal advice to the contrary, step down and leave the room. Don’t take a seat in the audience, from where you can later be accused of sending “baseball signals” to the remaining members of the commission to influence their votes on the proposal. Instead, go home and take a well-deserved evening off. After the Doctrine of Appearance of Fairness was first enacted, it didn’t take long for clever applicants to figure out that if they could just taint those members of the commission / council who would probably oppose their application, they could then challenge them on the grounds of having received an ex parte communication. These commissioners / council members would then be forced to step down and--bingo! an approved application. The problem with this sneaky strategy is that if enough members are disqualified, the commission / council lacks a quorum, and can’t do business. A clever legal solution called the Doctrine of Necessity was enacted to counter this lack of a quorum. Basically, if enough members of the commission / council are challenged to make it impossible to obtain either a quorum or a majority vote, then those challenged members can return to their seats and participate fully in the debate and the decision. All they have to do is disclose publicly the reason for their disqualification before they render their decision. A simple three step ounce-of-prevention strategy is definitely worth a pound of cure on this one. We recommend that the Chair / Mayor inquire at the beginning of the discussion of each agenda item if any member of the commission / council has any ex parte oral or written contacts to report for the record. The Chair / Mayor should then ask if any member of the commission / council is aware of any appearance of fairness violations which would prevent his or her participation on the quasi-judicial matter before the commission / council. Once these have been reported, the Chair / Mayor should solicit from members of the audience any challenges they wish to pose to individual commissioners / council members based on what the commissioners / council members have just said. It’s worth noting at this point that if no one in the audience raises any challenges right here, then they’ve waived their right to challenge the participation of any member of the commission / council later on. This is their one opportunity. If they’re silent, they’re agreeing to let all unchallenged members of the commission / council hear the testimony / review the record (Closed Record Hearing) and render a decision. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV Why do we have Closed Record Public Hearings? In 1995, the Washington State Legislature enacted, and the Governor signed, a broad land use and environmental regulatory reform law recommended by the Governor’s Task Force on Regulatory Reform (ESHB 1724). ESHB 1724 made significant changes to three of the state’s core land use laws: the GMA; the State Environmental Policy Act (SEPA); and the Shoreline Management Act (SMA). The primary goal of this regulatory reform was to establish comprehensive plans and development regulations as the foundation from which subsequent land use decisions are made. ESHB 1724 also introduced new state requirements for more coordinated and streamlined project review and decisions. Most notably, it required all cities and counties to provide for not more than one open record hearing and one closed record appeal for project applications. Municipalities fully planning under the GMA were required to issue a final decision on a project application within 120 days of a complete application, unless the jurisdiction was waiting on additional items from the applicant during the review process. At the project level, integration of environmental review and the permit process is required in all jurisdictions. Jurisdictions fully planning under the GMA have more specific requirements for integrated project review. An open record hearing creates a local government’s record through testimony and information that is submitted. A closed record hearing or appeal is to a local government body or officer after an open record hearing on a project permit application. No new evidence or only limited new evidence that was not available prior to the open record public hearing may be submitted. ESHB 1724 has been incorporated into RCW 36.70B, Local Project Review. When the City of Liberty Lake incorporated, our Hearing Examiner System was established to hold all the quasi judicial open record public hearings whereby the City Council would make the final decision, based upon the existing record, on applications such as Preliminary Plats. Since state law only allows for one open record public hearing, it was reconfirmed by the City Attorney that the City Council decision hearing would need to be closed record with the City Council’s decision based on the record established up through the open record pre-decision public hearing before the Hearing Examiner. City Review Process Types With adoption of the City Development Code in December 2005, the City of Liberty Lake established four types of quasi judicial project permits and one legislative (City Development Code / RDSAP Section 10-4B-3). The City utilizes a consolidated project permit process which provides for integrated processing of multiple discretionary permits issued by the City of Liberty Lake related to a specific project and environmental review on that project. Consolidated project review also provides for coordinated meetings and hearings associated with the project. Most project permits can be processed between a 60 and 120 day timeframe. Applicants that promptly prepare and supply required items will aid in expediting the overall process. 1. Exempt Projects do not require project permit review processes because they are generally smaller scale permits or administrative actions by the Community Development Department that are not required to go through public notice provisions, full agency review, or State Environmental Policy Act (SEPA) review. Decisions on Exempt Projects are made by the Community Development Department and depending on the type and complexity of the project, review time can vary, however, it is the City’s goal to process projects as quickly as possible. Examples of Exempt Projects are Class A Variances, Commercial, Industrial, Grading, & other building permits that may require a site plan review meeting and design review, but do not require SEPA, and Boundary Line Adjustments. a. Public Notice - No public notice is conducted. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV 2. Type I Project Permits are generally administrative decisions that usually require SEPA with minimal notice requirements, and decisions are made by the Director or his or her designee, without a public hearing. Examples of Type I Project Permits are Commercial, Industrial, Grading, & other building permits that require SEPA, Preliminary Binding Site Plans, and Preliminary Short Plats. a. Public Notice - i. Notice of Application - A Notice of Application Packet is posted on the City Website under Public Notices, a Notice of Application is published in the official City newspaper, an adjacent / 150’ property owner notification is provided by mail, affected agencies, the applicant, and the public notice email group are provided notice by email, and a Notice of Application sign(s) is posted on the subject site. ii. Notice of Decision - A Notice of Decision Packet is posted on the City Website under Public Notices, a Notice of Decision is published in the official City newspaper, and parties of record, affected agencies, the applicant, and the public notice email group are provided notice by email / mail. 3. Type II Project Permit decisions are Hearing Examiner decisions that require an 'open record' public hearing before the Hearing Examiner, full public notice, and they may or may not require SEPA. Examples of Type II Project Permits are Conditional Use Permits and Class B Variances. a. Public Notice - i. Notice of Application - A Notice of Application Packet is posted on the City Website under Public Notices, a Notice of Application is published in the official City newspaper, a 400’ property owner notification is provided by mail, affected agencies, the applicant, and the public notice email group are provided notice by email, and a Notice of Application sign(s) is posted on the subject site. ii. Notice of Public Hearing Before the Hearing Examiner - A Notice of Public Hearing Packet is posted on the City Website under Public Notices, a Notice of Public Hearing is published in the official City newspaper, a 400’ property owner notification is provided by mail, affected agencies, the applicant, parties of record, and the public notice email group are provided notice by email / mail, and a Notice of Public Hearing sign(s) is posted on the subject site. iii. Notice of Decision - A Notice of Decision Packet is posted on the City Website under Public Notices, a Notice of Decision is published in the official City newspaper, and parties of record, affected agencies, the applicant, and the public notice email group are provided notice by email / mail. 4. Type III Project Permit decisions are City Council decisions that require an 'open record' public hearing before the Hearing Examiner and approval by the City Council after an additional 'closed record' public hearing where the Council reviews the Hearing Examiner's recommendation and the public record. Type III projects may or may not require SEPA. Examples of Type III Project Permits are Change of Conditions or Amendments to an Existing Plat or PUD (Major Modification), Property Rezones (individual properties), and Preliminary Plats. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV  a. Public Notice - the record remains open through the end of the Public Hearing Before the Hearing Examiner. i. Notice of Application - A Notice of Application Packet is posted on the City Website under Public Notices, a Notice of Application is published in the official City newspaper, a 400’ property owner notification is provided by mail, affected agencies, the applicant, and the public notice email group are provided notice by email, and a Notice of Application sign(s) is posted on the subject site. ii. Notice of Public Hearing Before the Hearing Examiner - A Notice of Public Hearing Packet is posted on the City Website under Public Notices, a Notice of Public Hearing is published in the official City newspaper, a 400’ property owner notification is provided by mail, affected agencies, the applicant, parties of record, and the public notice email group are provided notice by email / mail, and a Notice of Public Hearing sign(s) is posted on the subject site. iii. Notice of Closed Record City Council Public Hearing - A Notice of Public Hearing Packet is posted on the City Website under Public Notices, a Notice of Public Hearing is published in the official City newspaper, and affected agencies, the applicant, parties of record, and the public notice email group are provided notice by email / mail. iv. Notice of Decision - A Notice of Decision Packet is posted on the City Website under Public Notices, a Notice of Decision is published in the official City newspaper, and parties of record, affected agencies, the applicant, and the public notice email group are provided notice by email / mail. 5. Type IV procedures apply to legislative matters and Type IV projects are not project permits. Legislative matters involve the creation, revision, or large-scale implementation of public policy (e.g., adoption of land use regulations and amendments, Comprehensive Plans, zone changes and comprehensive plan amendments which apply to entire districts, parks plans, and Capital Facility Plans). Type IV matters are considered initially by the Planning Commission with final decisions made by the City Council. The project permit 120 day process timeline shall not apply to Type IV projects and Type IV projects shall only be reviewed once a year. a. Public Notice - Provided through meeting agendas, notice publication in the official City newspaper, posting on the City Website, at the Liberty Lake Municipal Library, and at City Hall in the atrium, and affected agencies, the applicant, and the public notice email group are provided notice by email. 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV  3 X3 = Per Section 10-4B-4, updated 11/17/09, the Hearing Examiner's decision is a recommendation to the City Council and a motion for reconsideration by the Hearing Examiner may be submitted to the City within fourteen (14) calendar days from the date of the Hearing Examiner’s recommendation decision. The motion for reconsideration shall be reviewed and decided upon by the Hearing Examiner prior to scheduling the City Council decision hearing. An appeal of the final decision of the City Council can be made to Spokane County Superior Court. Preliminary Plats In summary, on a Type III Project Permit for a Preliminary Plat, the Closed Record City Council Hearing is to review items in the record and consider the Hearing Examiner's Recommendation on the Preliminary Plat prior to rendering a decision on the application. A Preliminary Plat application is a quasi-judicial action which under state law allows for one open record pre- decision public hearing which is held before the City Hearing Examiner and a City Council closed record public hearing where the decision is rendered. Discussions among the City Council and the City Council's decision on the application are held in an open public meeting forum; however no additional public testimony is taken. Public testimony opportunities were available during the Notice of Application and through the Hearing Examiner public hearing. The record is closed at the conclusion of the Hearing Examiner public hearing. Hopefully this helps with understanding the process that leads up to a Closed Record Public Hearing. Also for more information, refer to the Short Course On Local Planning Resource Guide, developed by the Planning Association of Washington and the State of Washington Department of Commerce available at http://www.commerce.wa.gov/Documents/GMS-Short- Course-Guidebook-5-1.pdf. Please let me know if you have any questions. Amanda Tainio, Planning & Building Services Manager 22710 E. COUNTRY VISTA DR., LIBERTY LAKE WA 99019 TELEPHONE (509) 755-6700 FAX: (509) 755-6713 WWW.LIBERTYLAKEWA.GOV  NOTICE OF PUBLIC HEARING BEFORE THE CITY COUNCIL The City of Liberty Lake Planning & Community Development Dept. (Review Authority) has published this Notice of Hearing to provide notice of a 'closed record' hearing before the City Council on the described proposal. The file may be examined 8:00 a.m. to 5:00 p.m. Monday through Friday (except holidays) at the Planning & Community Development Dept. Project info is also available on the City website at http://www.libertylakewa.gov/196/Public-Notices. Questions may be directed to the Project Coordinator listed below. Proposal File #: 2015.PL0001 Zoning: SAP-08-0001 River District M: Neighborhood Center Mixed Use & River District R: Mixed Residential Proposal: Trutina Preliminary Plat Proposal Description: Preliminary plat for 400 lots (363 residential and 37 commercial / multi-family) with open space and drainage tracts on 137.33 acres General Location: East of Harvard Road (Parcels 55102.9019, 55102.9020, 55102.9014, 55102.9013, 55102.9067, 55102.9069, & 55101.9093) Abbreviated Legal Description - Section: 10 Township: 25N Range: 45E. W.M. Owner: Inland Empire Paper / Centennial Properties, Inc. (Doug Yost) Phone: 509-227-5802 Contact: Rivercrossing, LLC (Kevin Schneidmiller) Phone: 509-458-5860 Application Date: 1/26/15 Determination of Completeness Issued: 2/13/15 Incomplete & Complete Notice of Application Review: 2/18/15 - 3/4/15 Number of Acres: 137.33 Proposed Number of Lots: 400 SEPA Threshold Determination: Mitigated Determination of Nonsignificance (MDNS) SEPA Mitigation: See SEPA MDNS Issued April 27, 2015 Hearing Examiner Public Hearing: 5/13/15 Hearing Examiner Recommendation Received: 6/2/15 The Hearing Examiner recommends that this matter be remanded to the City of Liberty Lake to schedule a new public hearing after all notice requirements under the municipal code have been satisfied. The Hearing Examiner concludes that the notice for the public hearing conducted on May Hearing Examiner 13, 2015, was legally defective because the Notice of Hearing was not posted on the project site for Recommendation: the required period of time. In the alternative, in the event the City Council disagrees with the Hearing Examiner and concludes that the public notice was legally sufficient, the Hearing Examiner recommends approval of the preliminary plat, subject to conditions (see attached recommendation). City Council Public Hearing Date: June 16, 2015 Public Hearing Time: 7pm Public Hearing Location: Liberty Lake City Hall Council Chambers This notice has been provided to advise agencies, property owners, neighborhoods, and the public in general that a proposal requiring a public hearing has been scheduled for a "closed record" hearing before the City Council. The Hearing Examiner's decision following the previous 'open record' hearing on 5/13/15, was a recommendation to the City Council and the City Council will conduct this additional 'closed record' public hearing at a regularly scheduled City Council meeting to render the decision. The opportunity for public testimony was available during the pre-decision hearing before the Hearing Examiner and public testimony will not be taken at this 'closed record' hearing. The City Council may continue any hearing, and no additional notice of hearing shall be required if the matter is continued to a specified place, date, and time. An appeal of the final decision of the City Council can be made to Spokane County Superior Court as outlined in Judicial Appeal in River District SAP-08-0001 Section 10-4B-4(H). Appeals from the final decision of the City Council shall be made to the Spokane County Superior Court and must be filed as a land use petition at the superior court within twenty-one (21) calendar days of the date the written decision is signed. 1. Notice of the appeal and any other pleadings required to be filed with the court shall be served on the City Clerk and all persons identified in RCW 36.70C.040, within the applicable time period. 2. Costs of transcribing and preparing all records ordered certified by the court or desired by the appellant shall be borne by the appellant. Prior to the preparation of any records, the appellant shall post with the City Clerk, an advance fee deposit in the amount specified by the City Clerk. Any overage will be promptly returned to the appellant. REVIEW AUTHORITY: PROJECT COORDINATOR: Amanda Tainio, Manager Planning & Building Services 22710 E. Country Vista, Liberty Lake, WA 99019 Phone: (509) 755-6700, Fax: (509) 755-6713, www.libertylakewa.gov Date Issued: June 2, 2015 Signature: From: Amanda Tainio To: "Andrew Staples (astaples@libertylakewa.gov)"; "JoAnn Jenkins (jjenkins@libertylakewa.gov)"; Katy Allen; "Michelle Griffin (mgriffin@libertylakewa.gov)"; Rudy Torres; "Wayne Hammond (whammond@libertylakewa.gov)"; Michele Frachiseur; Brian Asmus; "Avista (Dave Chambers) (Dave.chambers@avistacorp.com)"; "Bekkedahl, Robin"; "jrowell@cvsd.org"; Coeur d"Alene Tribe Jill Wagner; "Comcast (Vicki Whitt-Williams)"; "Comcast (Bryan Richardson)"; "LLSWD (Tricia Poitevint)"; "LLSWD (Larry White)"; "bijay@libertylake.org"; "CenturyLink (Karen Stoddard)"; "awestby@spokanecleanair.org"; Spokane County Building & Planning (John Pederson); "mehaffeyc@spokanevalleyfire.com"; "Harvey, Traci"; "mhynes@spokanetransit.com"; Spokane Tribe; TransCanada (Steve McNulty); "sepacenter@dnr.wa.gov"; WA State DOE SEPA Unit; WA State Dept. of Fish & Wildlife Karin Divens; "WSDOT (Greg Figg)"; Spokane County Engineering & Roads (Scott Engelhard); "centennial.trail@parks.wa.gov"; Wayne Hammond Cc: "Kevin Schneidmiller" Subject: Notice of Public Hearing and MDNS Issuance for Trutina Preliminary Plat Date: Monday, April 27, 2015 3:03:00 PM Attachments: 2015.PL0001 NOH - MDNS Packet.pdf image003.png http://www.libertylakewa.gov/196/Public-Notices Liberty Lake, WA • Admin Home • CivicPlus Page 1 of 3 My Favorites Modules 0 Amanda Help Content Permissions Notify Me Back Export Subscriptions Import Subscriptions Help List Subscriptions Email Address: HTML  SMS Number: SMS Email Add Example: yourname@youraddress.com Example: 555-555-0123 Active (114 Subscribers) Email Email Email SMS Receives Receives Type Address Bounces Number Emails SMS Actions HTML abenado@greenstonehomes.com 0 (None) Yes No Delete HTML angalicqua@hotmail.com 0 509-989-9611 Yes No Delete HTML apensare@gmail.com 0 (None) Yes No Delete HTML 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Delete Marked This site is powered by CivicPlus Rev: 5.0.44161 | For assistance, please visit our support site | Learn more about the CivicPlus Service http://www.libertylakewa.gov/Admin/list.aspx 6/8/2015 PLEASE VISIT http://www.libertylake wa.gov/DocumentCent er/View/1815 for Planning & Building Services Staff Report & Attachments Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of JUNE 11, 2015 Please note: This is a work in progress; items are tentative July 7, 2015 DUE Wed, July 1 1. Consent Agenda (minutes, vouchers) 2. FIRST READ ORDINANCE– Granting Right of Franchise to Comcast Cable July 21, 2015 DUE Wed, July 15 1. Consent Agenda (minutes, vouchers) 2. Second Quarter Report / Budget / Forecast– RJ Stevenson 3. PUBLIC HEARING : 2016 City Budget August 4, 2015 NATIONAL NIGHT OUT DUE Wed, July 29 1. Consent Agenda (minutes, vouchers) August 11, 2015 DUE Wed, Aug 5 COUNCIL RETREAT – 6:00 p.m., with dinner @ 5:30 p.m. WORKSHOPS:  Capital Facilities Plan  Annual Amendments & Comprehensive Plan Periodic Update (SIGN CODE ONLY?) August 18, 2015 DUE Wed, Aug 12 1. Workshop - Annual Amendments & Comprehensive Plan Periodic Update 2. Consent Agenda (minutes, vouchers) 3. SECOND READ ORDINANCE – Granting the Right of Franchise to Comcast Cable September 1, 2015 DUE Wed, Aug 26 1. WORKSHOP: 2016 Budget Update 2. Consent Agenda (minutes, vouchers) 3. RESOLUTION – Adopting the Liberty Lake City Council’s 2016 Priorities September 15, 2015 DUE Wed, September 9 1. Consent Agenda (minutes, vouchers) 2. PUBLIC HEARING  Capital Facilities Plan 3. FIRST READ ORDINANCE – Amending the City Comprehensive Plan /Development Code/RDSAP October 6, 2015 DUE Wed, September 30 1. WORKSHOP – Utility Tax Options 2. Consent Agenda (minutes, vouchers) 3. PUBLIC HEARING: City of Liberty Lake 2015 Development Code & RDSAP 4. SECOND READ ORDINANCE - Amending the City Comprehensive Plan /Development Code/RDSAP October 20, 2015 DUE Wed, October 14 1. WORKSHOPS:  Mayor Peterson’s proposed 2016 budget  Update on Council Priorities 2. Consent Agenda (minutes, vouchers) November 3, 2015 DUE Wed, October 28 1. WORKSHOP – Property Taxes 2. PUBLIC HEARING –2016 Proposed City Budget 3. Consent Agenda (minutes, vouchers) November 17, 2015 DUE Tues, November 10 1. PUBLIC HEARING –2016 Proposed City Budget 2. Consent Agenda (minutes, vouchers) 3. RESOLUTIONS  Levying the regular property taxes for the City of Liberty Lake  12-164C – amending the public improvement list for LIFT December 1, 2015 DUE Tues, November 24 1. Consent Agenda (minutes, vouchers) 2. FIRST READ ORDINANCE – Adopting 2016 Budget December 15, 2015 DUE Wed, December 9 1. Consent Agenda (minutes, vouchers) 2. Employee Recognition Awards 3. RESOLUTION – Need to revisit Resolution No. 15-196. STA Board Term is until 2017. Mayor was only appointed until 2015. Are we choosing another elected official to fill the STA seat? 4. SECOND READ ORDINANCE – Adopting the 2016 Budget ************* TENTATIVE ITEMS: 1. WiFi contract with Ptera 2. CVSD Land Discussion (October ?)