City Council

CITY COUNCIL MEETING / PUBLIC HEARING TUESDAY, JULY 21, 2015 CITY HALL 22710 E. COUNTRY VISTA DRIVE 7:00 P.M. 1. INVOCATION 2. PLEDGE OF ALLEGIANCE 3. CALL TO ORDER 4. ROLL CALL 5. AGENDA APPROVAL 6. CITIZEN COMMENTS 7. MAYOR AND CITY COUNCIL COMMITTEE REPORTS  Community Development Committee  Finance Committee 8. CITY ADMINISTRATOR REPORT  Facility Task Force Flowchart 9. ACTION ITEMS A. Consent Agenda i. Approve the June 16, 2015 City Council Minutes ii. Approve July 7, 2015 vouchers in the amount of $99,470.60, and the July 21, 2015 vouchers in the amount of $806,681.41 10. PUBLIC HEARINGS Prior to the public hearing, Finance Director RJ Stevenson, will provide a second quarter report and financial forecast. a. City of Liberty Lake 2016 Budget b. Trutina Preliminary Plat, 2015.PL0001 Closed Record Public Hearing 11. 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. 12. CITIZEN COMMENTS 13. 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.  City Council Subcommittee Agendas  June 30, 2015 Community Development Committee Agenda 1. Council Agendas July 21st August 4th Retreat 2. 4th of July Fireworks - Update 3. Project Updates: Katy Appleway Pavillion Park Facility Expansion Ball Fields Restrooms Townsquare Picnic Shelter Pedestrian Safety Improvements Sidewalks Flashing Beacons 4. Amanda  Annual Amendments & Comprehensive Plan Periodic Update / Downtown Discussion Results  CFP Update 5. City Facility Steering Committee: Katy a. Next Mtg. July 1st b. Agenda – Operational Options & Financing Future Meetings  Parks, Recreation, & Public Art Commission  City Project Updates  Electric Charging Station  Finance Committee Meeting Agenda – City Hall Conference Room July 21, 2015 6:00 PM to 7:00 PM I. State Budget Update II. Financial Information a. Monthly and Mid-Year Report b. State Auditor Office (Updated FIT online Report) III. Permit Revenue Update (One time revenue) IV. Trailhead Security V. 2015 Budget Hearing VI. August and September Finance Committee Meetings VII. Other VIII. Voucher Review  LIBERTY LAKE MUNICIPAL LIBRARY JUNE 2015 Statistics Patrons 2015 2014 Total visits: 5,261 6,965 Patrons added: 160 141 Total cardholders: 6,071 5,909 Circulation Checkouts 8,905 7,877 Renewals 982 825 InHouse 439 931 Loaned to CIN 1,055 1,292 Summer Reading Theme 2015 ILL filled 32 7 Downloaded (books) 562 593 Downloaded (music) 485 N/A Total circulation 12,460 11,525 CIN (borrowed from) 563 Program attendance Children: 425 Children: 664 Adults: 195 Adults: 382 Art in the Library: Artist Sandy Sherrill Spiderman & Batman Visit LLML for Super Hero Training Academy Summer Reading: Every Hero Has a Story is the themes for summer reading programs this year. The staff has scheduled a great summer of reading and reading-related activities that began on Saturday, June 17th , and will end on Saturday, August 15th. See accompanying calendar for upcoming activities. Outreach: Ten classes either came to the library from LLES or were visited at the school for Summer Reading presentations Summer Reading Programs: June June 17: Super Hero Academy June 20: Dads and Donuts June 20: Film Speaker-the story behind classic films July 22: Adult book club Movie June 24: Cecil the Magician June 25: Adult book club discussion @ Barlow’s Partnership with CHILL Day Camp: approximately LLML @ the Farmers Market 30 children from camp attend programs at the library Friends Book Sale June 13th netted $500 Farmers Market Booth June 27th (Director & a Friends member) How to Grow Small Fruit June 11th STCU: Budgeting 101, June 10th Liberty Lake Needle Arts Society, every Saturday Kids Crafts, every Saturday Coming in July July 1: Touch-a-Truck @ Townsquare Park, 2:00 PM July 9: Shrinky Dinks (Kid craft), 2 PM July 9: Painting Flower Pots (Adult craft) 6:00 PM July 15: SCTU: Protect Your Credit Score 12:00 PM July 21 & 23: Genealogy for Beginners, 12:30 PM July 22: Minecraft Club, 2 – 4 PM July 27: Adult Book Club Movie, 5:30 PM July 29: All Day LEGO Build July 30: Adult Book Club discussion @ Barlow’s Cecil the Magician plays to 110 kids & 80 July 31: Happy Birthday Harry Potter, 4 PM adults in “flowing out the doors” program ACTION ITEMS  City of Liberty Lake Consent Agenda for July 21, 2015 City Council Meeting Report from the Mayor for pending claims and payment of previously-approved obligations through July 21, 2015 Payee Description Amount See attached voucher report. Total vouchers through July 7, 2015 $ 99,470.60 Total vouchers through July 21, 2015 $ 381,007.39 15-Jun-15 Liberty Lake Sewer & Water District Check No. 20996 $ 100.00 June Payroll & Benefits $326,103.42 TOTAL $806,681.41 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  City of Liberty Lake Quarterly Financial Report Second Quarter 2015 Overview The Quarterly Financial Report provides a summary of budget-to-actual comparison of revenues and expenditures for each fund through the end of the most recently completed fiscal quarter. The report also provides end-of-year data including a summary budget-to-actual comparison of revenues and expenditures for the year. The information contained in this report is prepared on a cash basis. Please note that these numbers are still preliminary and adjustments may need to be made as the Annual Financial Report is prepared. General Fund / Streets Fund Revenues - Retail sales tax revenue for the second quarter increased by 1% compared to last year. - Property tax revenues are received during the second and fourth quarters of the year. Property Tax counts for 32% of the expected General Fund revenue in 2015. - Utility tax revenue for mid year increased by 16% compared to last year. Increases are from a one time adjustment in billing schedule by Avista (Electricity), one time adjustment by Waste Management on collecting taxes on all services (solid waste), and an increase in Verizon Cellular prepaid customer practice which seems to have resulted in an increase in revenue that the City receives. Staff is still reviewing the increase related to Verizon. General Fund Expenditures - Overall, 13% increase in comparison to last year. This is for hiring seasonal staff earlier in the year due to the mild winter, purchase of two new police vehicles, new City server, and when general liability insurance premiums are due. 1 of 9 7/15/2015 The following table shows budgeted and actual revenues through second quarter 2015: GENERAL FUND/STREETS FUND: REVENUES Revenue Category 6-30-2015 YTD Actual Budgeted % of Revenues Collected 01/01/14 - 6/30/14 01/01/15 - 6/30/15 2014 2015 2014 2015 Sales Tax 1,085,458 1,095,003 2,450,000 2,200,000 44% 50% Property Tax 1,049,161 1,077,126 1,880,000 1,950,000 56% 55% Other Taxes 138,195 149,680 260,000 278,431 53% 54% Licenses and Permits 293,485 305,755 550,000 451,000 53% 68% Intergovernmental Revenue 80,337 85,122 145,050 156,880 55% 54% Charges for Services 85,413 92,939 89,900 106,220 95% 87% Fines and Forfeitures 27,844 27,175 65,650 55,650 42% 49% Miscellaneous Revenues 12,944 32,776 27,955 26,565 46% 123% Utility Tax 371,844 433,470 662,000 684,000 56% 63% Motor Vehicle Fuel Tax 80,148 85,056 160,000 170,000 50% 50% Subtotal 3,224,829 3,384,101 6,290,555 6,078,746 51% 56% Non Revenue Sources 32,511 29,930 85,250 85,900 38% 35% Total Revenues 3,257,340 3,414,031 6,375,805 6,164,646 51% 55% 2 of 9 7/15/2015 The following graph demonstrates sales tax by month for the years 2012 thru 2015. SALES TAX COLLECTED THROUGH JUNE 2015. $330,000 $329,861 The following graph demonstrates how sales tax has performed over the last four years. $262,412 $255,000 YEAR 2012 2013 $220,132 2014 2015 181,839 $180,000 $105,000 1 2 3 4 5 6 7 8 9 10 11 12 3 of 9 7/15/2015  2015 YTD Sales Tax = $1,095,003 Following graph demonstrates the different categories of sales tax for YTD 2015. All Other Services 6% Accommodation & Food Manufacturing Service 3% 7% Construction 2011 2012Sales Tax Tax Sales 8% Profesional, Scientific & Tech 5% Wholesale Trade Finance, Insurance, Real 8% Estate, & Adm Support Svcs 2% Telecommunications & Other Information Svcs 4% Retail $609,458 56% C 4 of 9 7/15/2015 Following table demonstrates the sales tax for different categories thru the 2nd qrt of the year. 2nd Quarter YTD Comparison for Sales Tax YR 2011 YR 2012 YR 2013 YR 2014 YR 2015 RETAIL (includes AUTO & RV) 428,299 477,510 526,676 587,199 609,458 CONSTRUCTION 88,160 102,061 89,341 133,004 89,372 WHOLESALE TRADE 85,383 67,732 108,850 81,601 84,323 FOOD & ACCOMODATIONS 51,694 59,722 65,468 74,706 89,142 PROF., SCIENTIFIC, & TECHNICAL 40,874 45,031 41,881 44,952 54,165 ALL OTHER CATAGORIES 147,548 125,025 135,547 163,994 168,543 TOTAL SALES TAX 2nd QUARTER $ 841,958 $ 877,081 $ 967,763 $ 1,085,456 $ 1,095,003 5 of 9 7/15/2015 The following table shows budgeted and actual expenditures for second quarter 2015. GENERAL FUND/STREETS FUND: EXPENDITURES Expenditure Category 6-30-2015 YTD Actual Budget % Expended Through Second Quarter 01/01/14 - 6/30/14 01/01/15 - 6/30/15 2014 2015 2014 2015 General Government Services 177,120 195,144 930,681 885,915 19% 22% Legislative 20,354 25,490 58,362 64,562 35% 39% Municipal Court 50,717 30,892 135,000 180,000 38% 17% Executive 112,583 119,266 230,336 241,289 49% 49% Legal 25,000 25,000 60,000 60,000 42% 42% Finance & Administrative Services 313,053 402,081 772,451 860,586 41% 47% Law Enforcement 790,223 920,171 1,684,287 1,763,309 47% 52% Planning and Building Services 172,668 175,052 378,072 397,952 46% 44% Library 215,501 209,996 427,670 438,032 50% 48% Recreation & Youth Programs 63,754 67,874 163,983 182,069 39% 37% Parks 255,102 423,435 1,099,626 794,103 23% 53% Street Fund 243,988 419,812 1,056,709 935,365 23% 45% Subtotal 2,440,063 3,014,213 6,997,177 6,803,182 35% 44% Non Expenditures 18,675 16,438 87,310 86,310 21% 19% Total Expenditures 2,458,738 3,030,651 7,084,487 6,889,492 35% 44% - Finance and Administration expenses are higher due to changes when General Liability Insurance are due. - General Government Services includes $445K payment to LIFT to be paid later in 2015. - Parks increase comes from an earlier season and preparing the Liberty Lake Ball Fields. - Street Fund, YR 2015 Budget includes $100K for Pedestrian Safety Improvements. - Streets Fund includes $400K transfer to Streets Capital Fund in 2015 for the Appleway Project. $250K has been transferred to date. - Law Enforcement increase is from the purchase of two new vehicles. 6 of 9 7/15/2015 City of Liberty Lake 2015 Cash & Investment Summary By Fund The following table lists what the Cash/Investment Balances are in each fund at the end of June 30, 2015. 6-30-2015 2014 Ending Fund 2015 Actual 2015 Actual ACTUAL Cash FUND FUND # Balance Revenue Expenditures Balance General Fund + Street Fund 001 & 110 $2,896,432 3,414,031 3,030,651 3,279,813 Tourism Promotion Fund 115 $41,802 17,401 15,863 43,339 Tourism Promotion Area Fund 117 $13,168 22,954 22,950 13,172 Restricted Reserve Fund 120 $1,215,525 10,340 - 1,225,865 LTGO Redemption Note 212 $0 84,049 84,049 - City Land LTGO Bond Fund 214 $0 80,760 80,760 - REET 1 Capital Projects Fund 310 $259,016 97,054 23,115 332,955 REET 2 Capital Projects Fund 311 $446,149 97,164 202,546 340,767 Street Capital Projects Fund 312 $1,012,463 1,137,128 1,676,362 473,229 Harvard Road Mitigation Fund 320 $41,133 66,086 - 107,219 Library Capital Fund 330 $62,417 34 32,393 30,059 Police Capital Fund 334 $70,675 42 13,999 56,718 Stormwater Utility Fund 410 $226,671 36,876 5,881 257,665 Aquifer Protection Fund 411 $137,201 28,115 - 165,315 Golf Course 420 $108,617 317,742 238,794 187,565 Unemployment Fund 510 $0 11,602 11,602 - $ 6,531,272 $ 5,421,379 $ 5,438,965 $ 6,513,682 7 of 9 7/15/2015  Description of Other Funds Hotel/Motel Tax (Tourism Promotion Fund)- The Hotel/Motel Tax is derived from the sale or charge made for the furnishing of lodging by any hotel, motel, rooming house, tourist court, or trailer camp within the city limits of Liberty Lake for less than 30 consecutive days. In Spokane County, there must be 40 or more units for the tax to apply. The City levies a special excise tax of two percent. Tourism Promotion Area (Tourism Promotion Area Fund)- The City established a tourism promotion area (TPA) that encompasses the entire City of Liberty Lake and has authorized lodging charges within the established area. Lodging businesses in the TPA that have 40 or more units must collect the lodging charge from persons who purchase lodging. The City receives $2.00 per night of stay from lodging businesses with 40 or more units with lodging revenues exceeding five hundred thousand dollars during the preceding calendar year. The City receives $.50 per night of stay from lodging businesses with 40 or more units with lodging revenues below five hundred thousand dollars during the preceding calendar year. Restricted Reserve Fund- The Restricted Reserve Fund is generally maintained at 15% of the General Fund’s projected or actual, if known, operating revenues for the fiscal year. Policies for management and use of the Restricted Reserve Fund are outlined in the City of Liberty Lake Ordinance No. 107-D. REET (Capital Projects Fund & Special Capital Projects Fund)- Real Estate Excise Tax (REET) of one-quarter of one percent of the selling price is imposed on each sale of property in the City of Liberty Lake. The tax is deposited into the Capital Projects Fund and is restricted to fund any capital purpose identified in a capital improvement plan and local capital improvements including those listed in RCW 35.43.040. There is an additional one-quarter of one percent on real estate sales within the city limits. According to state law, cities planning under GMA (Growth Management Act) have the authority to levy a second quarter percent tax (REET 2). Funds from REET 2 are placed in a Special Capital Project Fund and used solely for financing capital projects as specified in a capital facilities plan element of the comprehensive plan. Street Capital/Library Capital /Police Capital Funds- These are unreserved dollars set aside for Capital Projects Harvard Road Mitigation Fund - Mitigation fees collected for road improvements. This plan has been updated in 2014 with a fee increase to start May 2014. Stormwater Utility Fund - City collects money from property owners to maintain its stormwater system. Ordinance #88A. Aquifer Protection Fund - City collects money from property owners to protect the Aquifer. Ordinance #208. Golf Course Fund - This is an Enterprise Fund where fees are charged to external users for services. G.O. & LTGO Bond/Note Funds- Debt service funds that track bond and note payments. Revenue for these funds are typically interfund transfers. 8 of 9 7/15/2015 CITY OF LIBERTY LAKE SUMMARY OF GOLF COURSE FUND - June 30, 2015 2013 Actual 2014 Actual 2015 Actual 2015 Budget Pro Shop Sales 24,117 27,150 29,035 40,000 Season Passes 17,062 16,658 22,814 17,000 Green Fees 97,438 97,382 109,225 195,000 Lessons 7,295 6,281 10,662 10,000 Driving Range 56,856 51,787 60,188 80,000 Golf Cart Trail Fees 1,975 1,904 1,895 2,000 School Driving Range Fees 1,472 1,740 1,472 1,500 Restaurant 12,543 14,308 18,900 34,000 Golf Cart 12,705 16,898 18,302 39,000 Misc 3,003 22,901 2,893 4,670 Non Revenue 33,077 33,081 42,357 69,000 Total Revenue 267,544 290,091 317,742 492,170 Salaries/Benefits 74,147 81,431 78,890 171,186 Supplies 59,014 76,667 87,598 124,800 Services 31,151 52,409 37,891 83,000 Non Expenditures 21,992 21,184 25,951 66,000 Operations 186,304 231,691 230,330 444,986 Capital 9,990 156,967 8,465 45,500 Capital and Other 9,990 158,307 8,465 45,500 Total Expenditures 196,294 389,998 238,794 490,486 Notes: - City purchased (Capital) new golf carts in 2014. 9 of 9 7/15/2015  CITY OF LIBERTY LAKE - MONTHLY FINANCIAL DASHBOARD For General Fund (001) and Street Fund (110) - June 2015 Current financial assessment Extreme Bad Very Bad Bad High Concern Concern Mild Concern Fair Good Very good Excellent Revise Budget Revenue Stress Some Concern Fundamental Long-Term Short-Term Revenues Meeting Exceeding Exceeding Problems problems Revised Expectation Fiscal Stress Expectations Expectations COUNCIL ACTION ADMINISTRATIVE ACTION NORMAL Key Indicators: - YTD 2015 Sales Tax = $1,095K, 2014 YTD = $1,085K - Total Revenue collected for 2015 = $3,414,031 - Reserve Fund balance is $1.2M - Total Expenses for 2015 = $3,030,651 - 2015 Beg Cash Balance = $2,896,432 General Fund/Streets Revenue thru 6-30-15 7,000 Thousands 6,000 5,000 4,000 6,165 Budget 3,000 Actual 3,414 2,000 2,200 684 1,950 1,077 1,095 433 1,331 808 1,000 0 Property Sales Tax Utility Tax Other Total Taxes Revenue General Fund/Streets Expenses thru 6-30-15 7,000 Thousands 6,000 5,000 6,889 4,000 Budget 3,000 Actual 3,031 2,000 3,035 1,943 420 1,000 951 976 491 1,168 935 0 Police Parks and Rec Streets All Others Total  CITY OF LIBERTY LAKE - MONTHLY FINANCIAL DASHBOARD City Projects 2015 City Projects over $500K thru 6-30-15 2,500 C = Project Complete Thousands 2,000 1,500 2,160 C Budget 1,778 1,802 1,000 Actual 896 892 500 - 0 Liberty Lake Ball Fields Liberty Lake Road Appleway Project 2014- Project 2015-16 2015 City Projects under $500K thru 6-30-15 300 C = Project Complete Thousands 250 293 200 131 150 C 136 100 70 Budget 100 C Actual 50 75 85 60 27 17 22 29 2 - 27 40 0  AGENDA ITEM NO.: 10b BUSINESS OF THE CITY COUNCIL, LIBERTY LAKE, WASHINGTON SUBJECT: FOR THE AGENDA OF: July 21, 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 dated 7/6/15 Original 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). After conducting the additional open record public hearing due to the remand, the Hearing Examiner has recommended approval of the preliminary plat, subject to conditions (see attached recommendation dated 7/6/15). RECOMMENDED ACTION 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 (dated 7/6/15) and other items in the record prior to making a decision to: 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 and Deny the Trutina Preliminary Plat, 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 & 6/24/15 HE Recommendation Received: 6/2/15 & 7/6/15 Hearing Examiner The Hearing Examiner recommends approval of the preliminary plat, subject to conditions Recommendation 7/6/15: (see attached recommendation). City Council Public Hearing Date: July 21, 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 6/24/15, 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: July 6, 2015 Signature: PLEASE VISIT http://www.libertylake wa.gov/DocumentCent er/View/1815 for Planning & Building Services Staff Report & Attachments . Please also refer to the information contained in the June 16th City Council Packet. Introduction of Upcoming Agenda Items  DRAFT CITY COUNCIL ADVANCED AGENDAS For Planning Discussion Purposes Only As of JULY 10, 2015 Please note: This is a work in progress; items are tentative August 4, 2015 NATIONAL NIGHT OUT DUE Wed, July 29 1. PRESENTATIONS  Butterfly Garden Dedication & Recognition – Sam Martin  Safewise – Chief of Police, Brian Asmus 2. Consent Agenda (minutes, vouchers) 3. General Business: Consultant selection for design of Liberty Lake Road, Mission Avenue, & Molter Road 4. FIRST READ ORDINANCE - Granting Right of Franchise to Comcast Cable August 18, 2015 COUNCIL RETREAT DUE Wed, Aug 12 Dinner @ 5:30 p.m., regular meeting @ 6:00 p.m., followed immediately by retreat Regular Council meeting agenda: 1. Consent Agenda (minutes, vouchers) 2. FIRST READ ORDINANCE - Enacting a Covered-Load Law Council Retreat agenda: WORKSHOPS: – Annual Amendments & Comprehensive Plan Periodic Update – Sign Code – Capital Facilities Plan – Council Priorities 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 4. SECOND READ ORDINANCE: Enacting a Covered-Load Law September 15, 2015 DUE Wed, September 9 1. Consent Agenda (minutes, vouchers) 2. PUBLIC HEARING Capital Facilities Plan 3. FIRST READ ORDINANCES – Amending the City Comprehensive Plan /Development Code/RDSAP – Capital Facilities Plan Update 4. SECOND READ ORDINANCE: – Granting the Right of Franchise to Comcast Cable 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 - Capital Facilities Plan Update 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 ?)