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2018, 01-09 Regular Formal MINt lIES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, January 9, 2018 Mayor Higgins called the meeting to order at.&O0 p.m. Attendance: Sta Rod Higgins, Mayor Mark Calhoun, City Manager Pani I laley, Deputy Mayor John I lohman, Deputy City Manager Brandi Peelz, Councihmembcr Cary Driskell, City Attorney i.inda Thompson, Council me Ember Erik Iamb, Deputy City Attorney Ben Wick, Councilmember Chelsie Taylor, Finance Director Sam Wood, Councilmember Mike Slone, Parks &I ee Director Arne Woodard, Councilmember Bill I lelbig, City Engineer Mark Weiner, Police Chief Morgan Koudclka, Sr, Administrative Analyst Henry Allen, Senior Engineer Christine Bainbridge, City Clerk INVOCATION: Pastor Al I lulten of Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and members of the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Haley, seconded and Mianirnously agreed to approve the agenda. It ROJLJC T ION (W SPECIAL GUESTS AND PRESENTATIONS n7ta COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Deputy Mayor Haley, and Councilmembers Wood and Peetz had no report.. Councilmcmbcr Woodard said he attended a ribbon cutting at the Strike Zone; went to a Chamber of Commerce Government Affairs meeting where they had an update on their legislative agenda; said last night he gave a City Hall tour to about eight members from Cub Scout Troop 400, and he thanked Public Information Officer Branch for her assistance with the tour. Councilmembcr Thompson said she had a tour of Aramark Industries, and that they are launching a new program called 104 about customer service and engaging the community and said she was delighted to he able to be there representing the Council; said she attended the marijuana regulators meeting in December, said another jurisdiction representative was talking how to change their system to do permits, and that our planner Micki l Launois did a wonderful job of connecting them with some system changes. Councilmember Thompson said it was great to sec a Spokane Valley City employee really shine out in the community. C ouncilmember Wick: said he met with a group from the City of Spokane and the County and they talked about proposing some legislation to bring back supervision for property crime violators as evidentially the state eliminated that and some are trying to get that revived, and said they spoke ot'thc possibility of having a pilot program for Spokane County if there isn't enough interest at the state level and that he expects more information will be forthcoming in the future, minutes Regular Counci I Meeting;01-09-2013 rage 1 of 12 Approved by Council;01-30-2018 MAYOR'S RE PORT Mayor Higgins said he attended the Clean Air Board meeting and that they are in the process of regulating and assessing fees for pot growing; said he is informed that the state has a bill but it has not yet gone to committee, but [hat the proposal means the state would have primacy over all things marijuana, which would take everything we have done, out of our hands and said we likely don't want that to happen,and he encouraged people to contact their legisla[ors. PUBLIC COMMENTS: After Mayor 1 Liggins explained the process, he invited public comments. Mr. John Harding, Spokane Valley: said he would like to suggest we might want to re-examine the emergency preparedness plan;said he has been working with some Councilmemhers over a year and a half and there are several areas that need to be re-examined; said he thinks for a relative cost we could protect many of these items easily and that there are corporations around the country that specialize in that; said lie doesn't know if th is option has been looked at but for the value, it is pennies on the dollar; said he knows there is some interplay between the County's emergency preparedness and us and that it is different bill since we are a contract city we don't have some components necessary to provide the protection; said there are some serious issues and he talked with Chief Werner and Chief Collins, and they are aware of[hese things he would like to see some Council input.and make sure we have some good communication between the County entity and us; said he talked to the past director and lie made it real clear that politically,they just weren't interested in helping us a whole lot; said he htsn'[ seen much evidence that they have; so will leave that up to Council's hest judgment, Mr. Ed Pace, Spokane Valley: asked Council to consider passing a resolution opposing Washington Stale Senate Bill 5598-211'17-I!, and corresponding I louse Bill 2117 granting relatives including but not limited to grandparents, the right to seek visitation with a child through the courts; he asked that such a resolution be sent to all state Senators and Representatives because this is not on our legislative agenda; said this hill would undermine parental rights as parents should have primary role in raising their children and making decisions on who can contact them or have relationships with their children; said this is City business as part of the Councilmember's oath of office includes upholding the Washington State and United States Constitutions, and Washington State Constitution Article 1 Section 1 states governments ae established to protect and maintain individual rights so of course, this includes city governments; said he expects his government to protect his rights no matter who might [r," to take them away, and again asked Council to please pass the requested resolution. Mr. David Jackson, Spokane Valley: concerning the way the City waters the berms going down the road; said he spoke with Ms. Branch and then Ryan [Kipp?] called him; said he takes bike rides down the strip at night and that the waste of water is incredible,it justruns right to the sewer; said berms are "bcrmed up" where it just runs off; said it isn't just neecssarily that they arc pointed wrong, but they arc over Sprague and those things can't take but just so much water; said the swells where you let the water collect, by the near[ night, they are still full of water or still have water in them and they fill up again, and the lawnmowers just tear them up and make them worse. Mr. Rick Neal: said he is the superintendent for Modern irrigation Water District 18; said he's been there for twenty years, and can't believe the rules on all these homes that end up with no one in them; said he took it upon himself every winter, [0 isolate the water in those homes before frozen pipes destroy them; said that isn't in his job description but he wants to try to take care of this property and help his customers or future customers that will acquire that house; said he is dedicated to the almost 10,000 population in his water district; said he wished there could be some law to get the squatters nut of these homes- Mr. Dean Lynch, City of Spokane: said the is president of the Spokane County Human Rights Task Force; that he came here last March when Council was voting on a resolution concerning human rights; said his task force was created February 2016; (hal their bylaws state they are nonpartisan, nougovernmcnt and nonprofit;and that their bylaws also state that they are designated to have one representative from Spokane minutes Regular Com c i I Meeting:01-09-2015 I'agc 2 of 12 Approved by Council:01-30-2015 Valley and they would like that representative to lac a member of Council or someone appointed by sound[; said their goals include dealing with human rights issues throughout the country. Ms. Laura Rentr,Spokane: spoke about snow on the sidewalks; that she thinks businesses should be held accountable first before homeowners; that she thinks most business managers aren't even aware of this regulation; said the businesses arc not being held accountable and as a result, many citizens struggle down the sidewalks; said she would like to see the businesses fined; she was also amazed that in driving down Sprague, almost nothing was shoveled. Ms.Carol Trask, Spokane Valley: she asked at what age are we able to make our own decisions; supposedly it is the age of 18, which is the age to be able to vote or enlist in the military; said we should not deny people the responsibility of making their own decisions on smoking; said she is not at supporter of smoking or wiping and would never encourage anyone to partake; but she believes in constitutional freedoms and adults should he able to make decisions; that increasing the age limit would be a wasted effort that could lead to consequences,like lost revenues,wasted police resources,and said she is opposed to lobbying efforts lc}raise the smoking age to 21. The Reverend Genavieve Heywood, Pastor United Church of Christ: via the City Clerk, gave Council copies of her handout and she spoke concerning the Council providing a mission, values and vision statement. Mr. Jay Siegel Spokane Valley: said he thinks there should be more transparency with the compliance officer and her assistant to answer questions waren we come in here to talk to her, 1. CONSENT A( SNDA; Consists of items considered routine which are approved as a gaup. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately_ Proposed Motion I move to approve the Coii,sentA,zeiida a. Approval of claim vouchers on Jan 9, 2018 Request for Council Action Form,Total: $3,637,398,37 b, Approval of Payroll for Pay Period Ending December 15, 2017: $331,67535 c. Approval of Payroll for Pay Period Ending December 31, 2017: $490,492.69 d. Approval of December 12, 20 i 7 Counci l Meeting Minutes, Special Meeting e, Approval of December 12, 2017 Council Meeting Minutes, Regular Formal Format f.Approval of December 19, 2017 Council Meeting Minutes, Study Session Format. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2, First Reading Ordinance 1E-001,-001., Nuisances—Cary Driskell, Erik Lamb After City Clerk Bainbridge rein] the ordinance title, it was moved by Councilinember Woodard and seconded to advance Ordinance No. 1 -001, amending the Spokane Valley Municipal Code related to chronic nuisances and other nuisances, to a second reading. City Attorney Driskell went through his PowerPoint presentation giving the history and background of the City's current nuisance provisions; and then went through the various proposed revisions. '!'here was some Council discussion concerning what constitutes an event and Mr. Driskell said criminal action at a property that results in a search warrant,and then results in an arrest,that is one event not two separate events; said the threshold designed for chronic nuisances is if a property has either four qualifying criminal events, plus at least one regular nuisance, like garbage or noise, in a twelve-month period,we could proceed to impose this violation; or if a property has five qualifying criminal acts in a twelve-month period, we would be able to proceed; said while five might not sound like many, we get calls, the polies gets twenty to fort' calls in a year or more, and a lot of neighborhoods experience many more than five incidents.There was also some discussion about the fines and Mr. Driskell said currently the City can fine up to $5,000 for a nuisance but that has only been done a couple oftitnes in the past,and we can also tine up to$10,000 under certain circumstances. Councilmember Thompson said she appreciated that domestic violence is not included and Mi. Driskell said we do not want Minutes l Regular Council Meeting:01-09-2018 Page 3 of 12 Approved by C:nuncdL 01-30-201X to re-victimize victims of domestic violence. Discussion turned to yard sales and whether Council wanted to cap [he number of permitted yard sales in a particular t.imctrarnc; said having numerous yard sales can make it seem like a commercial business is being run in a residential neighborhood. ']'here was consensus from several Councilmembers to cap the number to three or four a year; and Mr. Driskell said he will bring [hat to Council at the second reading for a tirm number_ There was also discussion about organizations having numerous yard sales and other fundraising activities, and Deputy Mayor Haley said even a fundraiser in a residential arca can cause traffic issues, and based on discussion about church events, Mr. Driskell said he will include language that these restrictions will only apply in residential areas, and churches will be exempt. Councilmember Wood asked if yard sales is a big issue,and Mr, Driskcll said he have received comments over the years about ongoing yard sales in residential neighborhoods. 'l'o summarize, Deputy City Attorney Lamb went over the purpose of the ordinance, (hal it includes amendmen[s to SVMC 7,05, 17.100 and 17,110,as well as amendments to Appendix A related to nuisances_ Mayor Higgins invited public comments. Ms. Renee Anderson, Spokane Valley: after she handed pictures to the City Clerk to share with Council, she thanked Council for bringing up the issue of nuisance houses; she acknowledged Officer Toni Walker for his assistance with this problem and for being such a great advocate for the neighbors. She read her prepared statement: "i'rn a single mom who bought my house where I five now, 17 years ago. I was much younger then. The last 15 years have been hell. Throughout the last few months I was flabbergasted with the insight of what other neighbors have experienced; through all this we've all gotten together. I live directly next door and have my own many issues, but in getting to know the neighbors,I am astonished at the serious and consistent issues [hey deal with that are totally different than mine, I understand we cannot go back 15 years of hell of what I have experienced, so I will not; beside all the adults involved it is very sad to watch the kids affected by this. Countless times I bad scouts from Opportunity filcmcntaiy, University Elementary conic to my house filndraising; and I purchase things and I tell them do not go next door_ And their comment is: `oh, our school warned us about that house.' In fifteen years, [here are 5,470 days. Of that number I have been interrupted in my sleep well over half. I have woken up to the police outside my bedroom window with flashlights, police across the street with megaphones in the middle of the night, trying to coax someone out [0 arrest [hem; SWAT has been there which I was actually very excited about and offered them coffee because I thought this was going to he it. The constant police traffic is very very welcome right now, and most people probably don't say that in their neighborhoods, I would guess that over 15 years there has to be over 5,000 calis to Crime Cheek, I am not the only one_ There are times when I have called three or four times a night when things don't stop or they escalate. I wi[nessed hundreds of people being arrested,countless number of fights and verbal threats as well and i feel like they are drug sales. I am told that unless I sec the actual drug, 1 cannot make that accusation, but 1 watch lots of TV and I say that's drug sales. ']'hese are not isolated incidences but are common. Over the past live years, things have changed.I have begun confronting hundreds of people driving cars and parking in my driveway_ I have a circular driveway_ People, cars, hikes, using my driveway and yard to gain access to." [Her three minutes speaking time expired.] Ms_ Audrey Forsberg, Spokane Valley: said she lives on the corner, approximately two doors down from Renee and from this nuisance house; said in recent years they have had increased foot and car traffic all day and all night; that the cars park in front of her house and they park on the side of her property; said we watched them drop these people off and sit and wait for them as they walk down to this nuisance, drug house; she said we know that because we've watched them go there and watched them walk back. She said they have taken pictures and called Crime Check numerous times; said that in the last few weeks the Sheriff has picked up and confronted some of these walkers,which we are very grateful for;but now we believe to avoid being seen on the street, they are jumping fences and they are running in our back yards; and we know this by the footprints in the snow; said we don't want a confrontation with these people but are asking you to help us feel safe again and please help us take our neighborhood back. Minutes R.cgular Council Meetir ;01-09-2014 I'agc 4 of 12 Approvcd by Council;01-30-2018 Ms. Loretta Albano, Spokane Valley: said she lives in the same neighborhood as Renee; said she lives on the corner house; said the amount of traffic that parks in front of her house to drop people off, is amazing; said she sees them drop them off, they go with full backpacks, and [hey come back with empty backpacks within ten minutes; they go to the same drug house that we have talked about; said she also has a problem letting her grandchildren play outside; said she has found hatchets, knives, drugs within her garden areas; said she has found pipes, and it is scary to know that any child that is out on a street,can get ahold of those; these are children that need to be protected; she asked that Council take this into consideration; she said she stopped sonic of the traffic because she had a friend suggest she go °u[side, take her phone. and lake a picture of the license plate;and said you'd he amazed at liow quickly they leave; and they do; and now they drop them offflip around, and drive around for five or ten minutes, and come back and pick them up; it still is not solving [he issue; for her it is more about the safety of the children and to trust that she can let her grandchildren outside and in the front yard and not have to be there tied to them. Mr. Bob MacFleary, Spokane Valley: said he l ives across the street from the nuisance house;said he knows it's hard to explain that you can't go out and get your mail with all the"weirdos"out there but these people are not normal people; said they come They go; they park their cars in front of his house, but usually only one gets out and goes in; the other two or three pass out or fall asleep, or whatever they're doing; for ten minutes; then the person comes out, gets in the car and they all leave; said when the police show up, it's funny; he said the police are in there; they knock on the door and talk to the owner, and when the police leave, there will be eight or ten of these people— it's like the rats crawling out of a sinking ship; but they only have to walk about a block and a half or two blocks; they have two other places to go, all in the same neighborhood; said he knows it is a struggle to try to get something done; but to start something going, is what needs to be done. He said he has lived over 45 years in the same house, and it's been this way for about twenty years; said they closed the house down and threw them Al in jail because of meth; tore the entire inside of the house off; cleaned it up, put the deal back in,the "old man" died,the kid got out ofjail, came back and i[ starts all over again. He asked, what can you do as you can't shoot them; but there's got to be something you can do to help us out, especially the kids; said there are people with children now, and you can't allow these people to take over the neighborhood like they have;said [hey turned in many license plate numbers, and calling Crime cheek you have to answer more questions like your phone number and your name and your address; said that should be all there because it's a home phone; and then the people disappear as [hey are never there for more that, five or ten minutes; but sometimes at night some people stay all night or pass out all night; said we need your help and hopefully you can do something. Mr. Jay Siegel, Spokane Valley: he said that when Bill Schultz was compliance officer, he issued a lot of citations to them; and we tried to find out where these citations are now and we were told that it is in the court system; and said as he slated earlier,our new compliance officer doesn't seem to want to communicate with us and we've done her legwork for her. Mr. Wayne Wright, Spokane Valley: said lie and his wife live across the street and one house down from the problem house; said he has been there 29 years and it's a great neighborhood and that the kids used to walk to school; said he would hate it if that situation with that house, was around when his kids were younger; said his kids are grown and moved on; said the things going on at night, 41:30 a.m. with people coming and going; said he and his wife don't feel safe. Said he'd never leave his doors unlocked; speeding cars, arguments, people pulled over; strange looking people and cars packed with people in the back with all their belongings; said all that gives him a creepy feeling and he doesn't feel like it is home anymore; said there are ears parked in other places,and in front of his place and people being dropped off and picked up; said although you can't say what they are doing, the neighbors know; said he is worried about his security now and just wants to come home:from work but these people are just ruining their lives for them, and he asked Council to do something about this; and said everyone wants to feel safe- Mr. Kevin Carbury, Spokane Valley: said he lives six houses down from this problem house that Renee lives right next door to; said he's lived in his house for lb years, and in the last couple of years, or over minutes Regular Council Meeting! (11-09-2018 Page 5 of 12 Approved by Crauucil:01-30-2081 most of those years, said he has witnessed drug deals in front of their house; said he knows they are drug deals as he has seen them hand over stuff; said speeding is an issue; that their road on 10`x' has the sante amount of traffic as 811', and seems to have just as much traffic at all hours of the day; said sometimes he gets up [o go to work at two or three o'clock a.m. and there would he multiple people around that house scattered out or riding their bikes; said he lives a block away from the school and he is concerned not only for his children, but for all the neighborhood children who walk to and from school; said he knows that a lot of the kids will avoid walking in front of this particular house; said last year he collected numerous license plate numbers that go to and from this house;said they wait on his end of the street and drop someone off; said he watches and he'll sec someone walking from the house, walking in the middle of the road; they'll take off and someone will pick them up and they'll be gone or they'll just circle the block; said he called Crime Check countless times but the activity doesn't seem to lessen;said he has had numerous things stolen from his house; said he put up cameras and on December 10, he had something stolen which was two days after someone came to his house, backed into his driveway and once they were noticed,they came up to his door and asked him if they could borrow his gas can for five minutes;and said when he told them no, they drove right to that particular house; said he has been harassed and his wife has been harassed by people leaving that house; that one was on a bicycle doing circles in front of her pointing a flashlight at her in her face at night, and staring at her and harassing her; said the people had to come together as a neighborhood to clean this up;and said that there's no way he could live next door to that house like Renee does, and put up with the things that Renee has gone through, and not be in jail himself for taking care of it; said he is afraid that something has to pass or some sort of vigilantism will happen; [hat he wouldn't condone that, but there is only so much a person can lake; and it's not just this house; lie said they are all over [he Valley [hat need to get cleaned up; and we have to figure out some way to take care of it. Ms. Diana Wilhite, Spokane Valley: said she will continue with Renee's remarks, and she read the following: "People on hikes using my driveway to gain access to the house next door; and gets cars going across her yard; she has called the police and asked if they were going to tile trespass charge and was told, well, I don't see any damage to your yard; and an hour later the car would he back up and ruin her yard again; she's upset by having all these cars ruin her yard. Sadly she has fear for her personal safety and she doesn't want to go outside to be cursed at; she asked them not to park in front of her driveway and she is told,you can look the other way- She has yelled out her front door at people shooting, to shut up; and she's threatened to call the police. She gets so angry that these people are allowed to violate her property and her personal space, and it goes on every month- She lives by herself, and this is probably not a good choice; and she is overcome with auger. She has pictures that she's taken of footprints in the snow, hopping her fences and going through her backyard; on the hike paths,there's footprints everywhere. After she goes to bed,she can't leave her granddaughter's bedroom window open. The number of visitors at the house, 50% are from Idaho, probably an average of 25 a day; all night long too. She is constantly woken up hearing doors slam,people yelling,fighting, screaming;cars drive up to the house like they've been there 20 times, but she's never seen a vehicle;she can't sleep with her bedroom window open. She can't.have guests in her front spare bedroom because they'd be constantly woken up by the activity- She has taken pictures and shown i:hein to Officer Walker who is very interested because they have one person on surveillance,stealing from the Home Depot; and then she has another picture of a motor home driven by a fam i ly of known issue kids that have 2018 tabs on the ear but Officer Walker said the motor home has not been registered since 2007- So these are just a couple of the incidents she has passed on; but she says it continues daily- Her grandchildren, the oldest one is 12 and they arc not able to ride their bikes or play in the front yard;they want to camp out on the trampoline but are not allowed because she is afraid of what's going to happen. So she thinks that there is not enough code enforcement; she knows they are short staffed; that there used to be two code enforcement officers; garbage is piled up, mice are running around all summer long; they take the garbage away and several weeks later it is back and the smell is nauseating. The power was shut off and then again she noticed two days later the power was turned on; she doesn't know where they get the money to do this; she is really upset with what is going on; this is not easy as you have heard from the neighborhood; and she would like to have something done as she has had to live with it for 15 years and she's hoping that you will do something inimediately." Minutes Re afar council meeting:0109-2018 Page i of 12 Approved by Council:01-30-2018 Mr. Bill Boss, Spokane Valley: said he lives in the same neighborhood; said he has a problem in that we all agree this is a nuisance drug house; not someone who hasn't mowed his lawn or taken out.the garbage for a week, rather these are known drug houses throughout the valley; he asked Council to do whatever it takes by whatever means possible,to end this;said the city has been around for 15 years and we are arguing over verbiage of an ordinance;please help us and do something. Police Chief Mark Werner: he encouraged Council to support this nuisance ordinance; said Council has heard a lot of people talk about the impact one house has on this neighborhood, and all these people have been victimized over the years by this constant nuisance activity; he said that law enforcement goes there, they arrest people at.the house, do a search warrant, have a SWAT team show up there, but unfortunately 72 hours later,they are back in that house; he said we need a long-term solution as those are jus[ bandaids, and we need Council's support in getting that accomplished; saki Officer Walker and a lot of the officers, detectives work hard on these same problem houses with the same people time after time, and we need Council's support in getting this nuisance ordinance passed so we can have some tools to havesome long term solutions. Ms.Kristin Barlow, Spokane Valley: said she lives kitty-cornered to the nuisance house;said she has s five year old son; and never has she called the police or Crime Check more in her life than she has in the six years she has lived in her current home; said she can't leave her garage door open; said she keeps a trailer parked on the end of her driveway next to her garage and has had items stolen off that; said she won't let her child play outside; said she has a beautiful front yard; there are kids across the street but she won't let her child cross the street to play at the neighbor's house as she doesn't trust what her child might see, or trust what will he around as these people fight so loud like they are the only ones on the street said she has seen them break beer bottles and go after one another like they're going to try to kill each other; said she lives them so what is she supposed to do; said there is nothing she can do; said she has called the police, called Crime Check but it gets worse, continually worse since she moved in 2012; said she will never let her child walk to Opportunity Elementary School which is only a block or two away; said she can't sell her house as it looks incredibly bad, and the fights that happen in the front yard; she said just last week when it was 12' outside, there was a guy in a tank top and shorts just walking around with his hands down his pants just mumbling to himself; said she calls the police hut nothing ever happens, and it is frustrating as they are in control and there is nothing she or others can do about it. Mr- 7'om. Walker, Spokane Valley: he said that Renee had a realtor get an appraisal on her house; and with that nuisance house next door, she would have to drop her price by a minimum of$20,000; said he doubts Councilmemhers would want something like that in their own neighborhoods; he said Renee's house is not the only one like that in the Valley as there are a number of them, and said he thinks Council probably already knows that and probably knows where some of them are; said the process we have now, that he knows of two houses in the Valley that were shut down finally after about two to three years; said that is way too long for the residents in the neighborhoods to worry about that; that it needs to be done quicker and he hopes that.Council will pass this ordinance overwhelmingly.There were no further public comments- Councilmember Ps cta thanked everyone for coming here tonight; and said that another tool that might he of assistance for the neighbors is also SCOPE; she thanked the citizens for conning together as a community and thanked them for their comments. Couneilmember Woodard also thanked our legal department; said he too has been in a similar situation;that we have the courts to thank for a lot of what happens; and these properties must be taken care of; and we will continue to look for other ways to handle [hese situations, including working with utility companies; said this is not what he considers the Valley- Councilmember Wood said lie agrees with Councilmember Woodard's remarks and that we need to find a way to do this faster; and he hopes the police and our attorneys can find a way to do that. Deputy Mayor Haley slated that she hopes we can speed up the remedies; said she doesn't live near that home but that home actually burglarized her home; and ransacked it completely; said what tonight's citizens have mentioned going Minutes Regular Council Meeting:01-09-2018 Page 7 of 12 Approved by Council!01-30-201S through is horrific, and it impacts the entire valley. Councilmember Wick also thanked the citizens for coming here tonight; that he supports this ordinance, and wanted to know if prior incidents would be counted toward the five incidents. City attorney Driskell explained that once the ordinance is in effect, that is when the clock starts; said concerning these. properties,this will happen relatively quickly and we will not have to wait a year or two as these sites are on-going criminal activity; and he has no doubt that the people who populate these properties, they will create the violations in fairly short order; and that this will provide the remedy that many of our citizens are looking for, and will provide for a safer neighborhood. Mr. Driskell also noted that slafl'are working with our legislators and Government Affairs Consultant to provide other remedies on this as well; said we've heard about the "zombie houses" where you get foreclosure on properties and have people squatting in those; said those are locations where a lot of this occurs, and we are working on a way that will allow the banks to move in quicker. Mayor I liggins also thanked everyone for getting involved; and said he hopes citizens can sense that the Council is with the neighbors on this. Vole by Acclamation:In.Favor: unanimous. Opposed: none. Molion carried. 3. First Reading Ordinance 18-002,Unfit Dwellings Cary Driskell, Erik Lamb After City Clci'k Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to advance Ordinance No. 18-002 adopting chapter 17.105 SV (J'.for unfit dwelling, building, and sfruuiarr€ regulairions, to a second reading, Deputy City Attorney lamb went through the PowerPoint explaining the background of the nuisance process for all types of nuisances and that the primary goal is voluntary compliance; that the current process makes it challenging for recovery of costs in large abatements such as demolition of unfit structures; he explained the state law option alternative abatement process as it solely relates to unfit dwellings, buildings and structures and that it requires specific procedures, including the adoption of an ordinance specifying those procedures, Mr. Lamb mentioned the highlights of the proposed ordinance in that it designates the City Manager or designee as the improvement officer, and the designee will likely be the building official; and that the appeals commission will likely be the hearing examiner_ Mr. Jamb said he also noticed a few typos so those will he cleaned up for the second reading. In response to Councilmember Wood's question about a time period in which to comply,Mr. Lamb said it would depend on the nature of the remedial action as we will give time for people to work with their insurance companies; and he mentioned that the maximum time would be 18 months from the date of the final determination of unfitness, including any appeals of such determination. In response to Councilmember Wick's question about determining the building unfit, Mr. Lamb said the building official will make that determination, likely in joint effort with the Fire Department; said the big change will be conducting a hearing;but that he doesn't feel thcrc will be a problem in handling these cases_Mayon Higgins invited public comment. _ Ms. Mariann Torretta, Spokane Valley: said there is a house in her neighborhood which has been empty for over 24 years; said this empty houses affects the neighborhood; it is a fire hazard with dry wood and trash behind the fence in the backyard; said there have been break-ins in this house which led to some criminal activity in the neighborhood; sonic of the neighbors think there could be drug deals; she said some younger people have been breaking into the house and having parties in the basement; said it is an eyesore to the neighborhood; that it hasn't been painted in years; windows and doors have been broken out so they are boarded up,all of which brings down the property value of other homes in the neighborhood; she said there have also been abandoned cars parked out thcrc,perhaps about four cars that don't appear to he in working order but were dumped there by tenants who live in the duplex next door to the house, which she said is also [he owner's property. Ms. Ruth Del-Tart, Spokane Valley: in reference to the same house spoken of by Ms. Torretta; she said the house has been vacant for probably 33 years; the roof is rotting; doors and windows are boarded up; it has resident raccoons there for the East twenty years;thousands of mice; said the owner is a contractor and when he finishes a job,all the leftover stuff goes into the house or in the backyard; said it is an eyesore, is a loess, it will fall down, said the neighbors want him to get rid of it or have the owner rehab it. 'There were no further comments. Minutes Regular Council Meeting:01-09-2018 PaigC 8 of 12 Approved by Council:01-30-2018 Vole by Acclamation; Tri Favor unanimous. Opposed.. none_ Motion carried. Mayor Higgins called fora recess at 7:49 pm.; he reconvened the meeting at 8:0O p.m. 4. Resolution 18-001 Repealing&Replacing Resolution 17-001, Bank Signing Authority—Chelsie Taylor It was moved by Deputy payor Haley and seconded to approve Resolution #18-001 declaring which qualified public depositories the City is authorized to conduct financial transactions with, and declaring which Councilmeinber's and City officers leave ,signing authority on behalf of the City. Finance Director Taylor explained that per our municipal code, we are required that Council authorize by resolution, which qualified financial depositors the City may use to make payments on claims or obiigations, and who has authority to sign checks for the City. Mayor I I iggins invited public comment; no comments were offered. Councilrncrnher Wick asked why we have three Cuuncihnembers, and Ms. Taylor explained that is how it is set out in our Municipal Code, Vote by Ace!antation= In Favor unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Award of I.TAC Funds—Chelsie Taylor It was moved by Deputy Mayor Haley and seconded to deduct $250,000 from the available Lodging nor . irnds.for distribution in 2018 and move those Ands into the 1,3% Lodging Tax Fund account dedicated for a large sports venue or venues for tourism,facilities that generate overnight guests; and To make the j011owing allocation of Lodging Tax funds for calendar year' 2018: Spokane Oktolser°fact- $10,000; Crave NW- $30,000;Spokane Valley Heritage/'fuseunt-$13,000;Spokane County Fair&Expo• Interstate Fair - '50,000,` Spokane Sports Commission - $80,000; HUB Sports Center - $48,400; Va!leyfe,st - 18,600; Valleyfest{*le Celebration- 52,000; and Visit Spokane-$70,000. Finance Director Taylor went over the spreadsheet showing the amount requested by each entity,the Lodging Tax Committee's recommendation, and Council's proposal,after which Dcpu[y City Attorney I,arnb briefly went over some of the background of the process and the three approval options for Council; he mentioned that [he funding is on a reimbursement process,and if Council wants something different tonight from their last proposal, it would require another forty-five days for review by the I.TAC, unless Council determines to fund each entity as per LTAC's original recommendation. Mayor Higgins invited public comment. Mr. Ed Paces Spokane Valley, said he feels too much money goes to organizations outside the city limits, and he offered his suggestions for allocations; he also suggested establishing a future allocation policy to start in 2018 to require all recipients of funds to show five years of statistics of heads in beds as counted by hotels and not by studies; said he,is more biased toward events that have Spokane Valley in their name, or were originated here. There were no further public comments. Council discussion included comments from several Councilmembers that they would like to see more investment in Our parks system, but felt [he current Council proposal is a good compromise. Councilmember Woodard mentioned he would like to see the law change so it ends up back in the hands of Council. Vote by Acclamation: in Favor: arraaralrnous_ Opposed.-none. Moiion carried, 6. Appointments: Councilmembers to Committees- Mayor I liggins it was moved by Deputy Mayor Haley and seconded to confirm the Mayoral appointments of Councilrraember•s to the committees and boards as listed alcove_ At the Mayor's request, City Clerk Bainbridge read the list of committee appointments: Spokane Clean Air Ageney: Rod Higgins; Emergency 9-1-1: Brandi Peetz; Finance Committee: Rod T iggins, Pam I laley and Ben Wick; Governance Manual Committee: Arne Woodard, Sam Wood, Linda 'Thompson; Greater Spokane Valley Chamber of Commerce: Arne Woodard; Growth Management Steering Committee: Rod I liggins, Sam Wood; Greater Spokane, Inc.: Rod Higgins;Housing and Community Development Advisory Committee(HCDAC)Arne Woodard; Health District Board: Linda Thompson, Brandi Peetz; Lodging Tax Advisory Committee (L'1'AC): Sam Wood; Mayor's Association of Nil Washington: Rod Higgins; Spokane Regional Transportation Council(SRTC): flen Wick; Spokane Transit Authority (STA): Pam Haley and Sam Wood, Minutes Regular Cowicil Meeting:01.0-2415 Page 9 of 12 Approved by Council:01-30-2018 and Arne Woodard as alternate; TPA: Sam Wood; Visit Spokane: Pam Haley; and Linda Thompson as alternate; and Wastewater Police Advisory Board: Arne Woodard, and Rod I1iggins. Councilmember Thompson asked that we consider having a representative on the 1-luman Rights Task Force as requested earlier by Mr.Lynch and Mayor Higgins said Council will take that up at a later date. Mayor I I iggins invited public comment. Mr.Tony Iaran is, Spokane Valley: spoke concerning the lodging tax allocation as noted in the previous agenda item. Ms. Diana Wilhite. Spokane galley: thanked all the Couneilmcmbers for serving on the various committees-There were no further public corn rnents- Vote by Acclamation:In Favor.' unanimous. Opposed: none. Motion carried 7. Appointments::Planning Commission-Mayor II iggins It was moved by Deputy Mayor Haley and seconded to confirm the Mayor's nominations for appointments is to the Planning Commission, of Michael Phillips and Danielle #:aschmitter, each.for a three-year term beginning January 1, 201N, and ending December 31, 2020. Mayor Higgins invited public comments; no comments were offered. Vote by Acclamation: In Favor: unanimous. Opposed: none- Motion carried 8. Appointments: Lodging Tax Advisory Committee Mayor Higgins It was moved by Deputy Mayor Raley and seconded to confirm Jr the Mayoral appointments to the Lodging Tax Advisory Committee, of Colleen Hehiselman from the Hampton Inn, representing a member authorized to collect the tax; and Crre oay Repitti with the HUB, representing a member involved in activities authorized to be funded by the tax, with each appointment's term beginning immediately upon appointment and expiring December 31, 2019. Mayor Higgins invited public comment, and Ms. Peggy Doering said she appreciates the vote today and discussion,and that people arc already working hard for Vallcyfest 20113;and she also extended thanks for the process on the allocations. 'There were no other public c:oniinents. Vote by Acclamation.- In Favor: unanimous. Opposed. none. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comments; no comments were offered, ADMINISTRATIVE REPORTS 9. Solid Waste Collection Street-War Fee- .Morgan.Koudelka,Erik Lamb, Henry Allen Via their PowerPoint presentation, Mr. Koudelka explained some of the background of the competitive solid waste collection process, the street maintenance and preservation funding issues, and the challenges. He also went over revenue captured at different tcc rates of 12.5%, 6% and 5%, as welt as impacts to rates with a 12.5%street-wear fee; he mentioned information concerning customers who currently use their own can, why the drop-box contracts are excluded, a fee at the transfer station on self-haulers, our costs compared with those who receive equivalent service in the unincorporated County; and that with a 12.5% street-wear fee, Spokane Valley customers would pay $.90 less per month, Mr. Koudelka noted that when we have an opportunity to take advantage of some savings without impacting citizens, it provides a unique opportunity wb ich he said, is why staff is before Council tonight to ask whether Council would like to mu ve forward to consider a contract amendment. Deputy City Attorney Lamb said this would be a street-wear fee as part of a contract amendment; be said there is a specific difference under state law,between a tax and a fee; he explained that taxes are generally applicable to raise general revenue for general purposes; whereas fees are regulatory and they respond directly to impacts or other burdens from other fcc payers so in this ease, we have been working with an outside group studying the impacts from garbage trucks and trying to refine that study, and we have identified that there are very specific impacts from garbage trucks, so if Council were to move forward with this fee, it would be limited to respond to those impacts and could not be used for other general fund purposes.. In response to Councilmember Wood's request for a clarification of the term,revenue shift Mr. Koudelka explained that some lines experience a greater amount of-savings and they were able to move revenues around a little and take from some service lines that have more room to work with,and move them to other services lines that didn't have as much rootti so it.equalizes things more;so for example if you had some lines that may have had I 5% reduction, others had 10%or sonic other number, so they shifted things M Rega'lar Council Meeting,: 01-09-201S Page IU of 12 Approver]by Council:41-34-2018 around to have more of an equal percentage reduction, so if Council chooses to apply a fee that takes those savings in that fee it is applied as a percentage to all service Tines to all customers, it equals things out so most costumers would come out at or near their current rates thereby having a very small impact to the customers;adding that most of those shifts happened within residential;that if the option where chosen that captured most of the savings,it would impact some residents whereby they would be paying more;so Waste Management had the expertise to move things around where that would not happen. Mr. Koudelka also noted customers always have the op[ion of not having this service and hauling their own garbage; adding that we were attempting to provide options that did not raise rates, and there were just a few we were not able to do that with; there are a few commercial customers who have multiple weekly pickups; and there are canned customers who won't be able to use their cans anymore;however, Mr. Koudelka explained that there are some things to consider such as carts which will be provided at no additional charge so customers won't have to buy or replace cans, or even track down can lids that have blown down the street; and that we will work with Josie Management to order carts that are slightly larger and give some of the 35-gallon earls io the customers who previously used their own 32-gallon cans thereby givi ng them a little more room; that Waste Management will work with these customers to see if perhaps they can recycle more, or if there are other options for smaller cans if they would like; and that there will also be a grace period to allow for the transition, hut there is potential for people who have urns, to pay a little more to convert to a cart, but there is the added convenience of not having to chase down can lids, or replace cans as they wear out, Couneilntembcr Thompson said there are people on fixed incomes and a dollar or two more a month might be a big hit for them; and Mr. Lamb said they could also opt for the 20-gallon cart. At approximately 9:00 p.m., it was moved by Deputy Mayor Waley, secondee and wrrranairrrnusly agreed to extend the meetingforfifteen minutes until 9.15 p.m. In looking at the various spreadsheets included in the Council packet for this issue, Councilmember Wick said he likes the free enterprise system where the bids came back and we showed a savings, and that the largest savings appears to be in the extra yard debris or cleanup; and as we talk about yard cleanup or nuisance, that he hopes we would make that cheaper and hopefully encourage more people to use [hat service; and in looking at the total number who subscribe to that service, it appears that the two largest numbers are the two that changed the most, and said he doesn't know if we are achieving much of a net bill change when you think of those using cans and yard service together, versus leaving it as is it to let the market rate he the market rate.; so some might experience an increase in the garbage rate, they'd see a much lower or an equivalent decrease in the yard rate; so since they are very similar, he said he would prefer to leave the government out of it and let the market contract be the way it is and if we want to collect a 12.5%fee then we do that and slay out of the shifting revenues. Couneilremher Woodard said what Council might be missing is that these shifts by Waste Management don't affect the client as their rates will be mora or less the same as the customer won't see an increase here or a decrease there but will mostly see the same rate; Waste Management will be doing the bookkeeping and the citizen's rates will stay about the same; if we leave it at the contract,that$1,5 million does go back to the client and then it starts up at 3%, or whatever percentage it states, fur the next ten years; said he has been speaking with customers over the last six months and citizens are happy to have this predictable and stable;but not doing this won't solve the wear on streets over the long-term;that our wear from the garbage trucks on the local streets is about$1 million on those streets per year; this could at least start to maintain them and maybe start getting some of the worst streets taken care of, all without affecting the monthly rate customers are paying; the rate increase for 2018 has already been activated, so for 2019, the rates will be prediclablc; otherwise, those streets will continue to deteriorate. Mr, Lamb said the contract does include an annual escalator, which is set at 90% of CPI (consumer price index), so customers will see an annual increase. Mr. Koudelka stated that staff is not trying to persuade Council one way or the other;but.to Councilmemher Wick's comments,the yard waste service is very popular and people believe it is a good rate now which is a reason for its popularity; but we have about 23,000 residential customers, compared to about 10,400 that have yard waste, so when staff is presenting options, we are thinking ahead to how many phone calls the City will get how many e-mails will Coutteilmembers and Waste Management receive from customers who minutes regular Council Meeting, 01-09-2015 Page. 11 of 12 Approved by Council:01-30-2015 have been impacted with increases; staff's goat was to try to limit that number as much as possible for all options; but certainly free marketis a great conec:p[ and works well; we arc trying to piggyback on that and work within those confines to capture some revenue and have as little impact on customers as possible,and hopefully save everyone money in the long run by maintaining our streets now versus trying to rebuild them. later, Councilmember Wood slated that the road preservation fund is in trouble and we have to solve that problem and this looks like one way to solve that problem with very little impact to citizens;at[ributittg the damage the trucks do to the wads justifies this 12.5% feu, so it looks like we arc accomplishing our goal preserving the road preservation fund, with that money going to that fiend; he stated that once we are finished with the studies and find out where we are on that fund,this $1,5 million will offset that;and said he thinks staff did great work and presented it well. At approximately 9:05 p.m., it was moved by Deputy Mayor flaky, seconded and unanimously agreed to extend the meeting another fifteen minutes. Mayor I liggins asked if there is Council consensus to move forward; and City Manager Calhoun added that we also need to know at what level. Deputy City Attorney Lamb mentioned that staff had discussed generally about the 12.5%to collect the maximum, but other options were also presented. There was consensus of four councilmembers to move forward with the 12.5%; and Mayor Higgins said there will he further Council discussion when this come back for a motion. Deputy City Attorney Lamb also noted that when this comes back before Council, it will be in the form of a motion for a conlracl amendment.approval, and there will also be opportunity for public comment. 10, Advance Agenda--Mayor Higgins There were no suggestions for the Advance Agenda- CITY MANAGER C:C MIV1E TS City Manager Calhoun reported that the State legislature went into session this week, and as they touch on. bills that impact our legislative agenda,there may be times when it is appropriate to seek Council consensus to draft a letter under the Mayor's signature, concerning some items, such as the item concerning raising the age to buy tobacco to age 21; and said he will stay in [ouch with Couneilmembers on these topics. Mr. Calhoun also noted Ihat the winter workshop is scheduled for Tuesday February 13 beginning about 8:30 a.m. and ending early afternoon, adding that he will try to have the meeting concluded before 3:00 p.m.; and that the February 13 evening meeting has been.cancelled. It was moved by Deputy Mayor Haley, second d and unanimously agreed !o oa ourn, The meeting adjourned at 9:14 p,m, A r,i L.R. Higgins,Majws r Christine Bainbridge, 'ity Clerk Minutes Regular Council Meeting; 01-09-2018 Page 12 of 12 Approved by Council:(i1-30-2018 REVISED Agenda Item 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 9: 2018 Department Director Approval: L Check all that apply: 17 consent f 1 old business ® new business ] public hearing I] information E admin_ report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Confirmation of Mayoral Appointments of Councilmembers to Boards and Committees GOVERNING LEGISLATION: Various ordinances; resolutions, and state statutes_ PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place Councilniombers on various regional board and committees. The following are the Mayor's recommendations for each Councilrnember's committee assignments: 1. Spokane Clean Air Agency: Rod Higgins 2_ Emergency 9-1-1 : Brandi Peetz 3_ Finance Committee: Rod Higgins, Pam Haley, and Ben Wick 4. Governance Manual Committee: Arne Woodard, Sam Wood, Linda Thompson 5. Greater Spokane Valley Chamber of Commerce: Arne Woodard 6_ Growth Management Steering Committee: Rod Higgins, Sam Wood 7, Greater Spokane, Inc. (GSI): Rod Higgins 8. Housing and Community Development Advisory Committee (HCDAC): Arno Woodard 9, Health District Board: Linda Thompson, Brandi Peetz 10, Lodging Tax Advisors/ Committee (LTAC): Sam Wood 11. Mayors' Association of NE Washington: Rod Higgins 1.2. Spokane Regional Transportation Council (SRTC): Ben Wick 13. Spokane Transit Authority (STA): Pam Haley, Sam Wood; and Arne Woodard as alternate 14. TPA (Tourism Promotion, Hotel/Motel Association): Sam Wood 15. Visit Spokane: Pam Haley: and Linda Thompson as alternate 16. Wastewater Policy Advisory Board: Arne Woodard, Rod Higgins OPTIONS: Move to confirm the Mayoral appointments of Councilmem hers to the committees and boards as modified or listed above. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointments of Counciimembers to the committees and boards as listed above. BUDGETIFRNANCIAL IMPACTS: COUNCIL CONTACT: Mayor Higgins ATTACHMENTS: List of committees SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 9, 2018 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEARING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. If you wish to comment about an individual action item on tonight's agenda (such a a notion to approve an ordinance, resolution, or contract) the Mayor will ask for comme r s on ose items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF C'ONC'ERN YOU YOUR CH Y CIF' I 'IDENCE PLEASE PRINT virrm SPEAK. BOUT Avic/€rscin biti nee p 0 Octlier 41,164 ir ;t r !ll id 4104 4urft1(47 VLof 'Cf"!+ H 44, 'h I. I SGA,f'{ Vail. X el . AV 14 / � L/Ci 1I ail PPD \IJi-i / ke-- 5r° Please note that once information is entered on this form, it becomes a public record subject to public disclosure. SPATE VALLEY CITY COUNCIL MEETING Tuesday, January 9, 2018 6:00 p.m. Regular ular Meetin GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda.. If you wish to comment about an individual action itemon tonight's agenda (such a.. a -notion to approve an ordinance, resolution, or contract) the Mayor will ask for commc s on •.ose items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN VOI. YOUR CITY OF l 'LUENCE PLEASE PRINT WILL SPEAK ABOUT r-A*1175 , 5,704a-ACP /f5A A9 t / 0' EL _ 412fe� a. a +y''I' ik6 004 a_. s Please;role that once information is entered on this form, it becomes a fabric record subject to public disclosure. Spokane Valley City. January 9, 2018 As you begin your New Year as the Spokane Valley City Council, I offer to you again, a draft mission statement to help each of you practice being servants of the citizens of this city. Especially consider the section marked values that reads: "In all respects, city government is dedicated to accomplishing its mission through: • Professionalism • Pride • Service } Fairness • Accountability The 2017 City Council fell short of it's potential in all these areas. As the2018 Council, be examples of the best of us. The 2018 Council must set aside seeking of personal gain, prestige, and power. Work toward a quality of life for this city's citizens that will encourage young people to stay as well as attract others to make our city the place to live, work, raise a family, and retire. To make Spokane Valley a city where people come to stay, the City Council must work toward a place with exceptional schools, quality roads, amazing power and water services, attentive snow removal, and safe neighborhoods. Make this city business friendly by making the workforce stable, educated, and reliable. Give preference to businesses that want to be active in supporting our community. Make this acity known for civility, respect, integrity, and accountability. These qualities must be found in our 2018 City Council. Hold each other responsible to model these qualities. Consider, your mission. Take the draft mission statement and work with it. Read it before every meeting to remind yourselves that you are temporary guardians of this city's future. Submitted by Rev. Genavieve Heywood, Pastor Veradale United Church of Christ 611N Progress Road Spokane Valley, WA 99037 Spokane Valley Draft Mission Statement offered October 10. October 24, 2017, and today, January 9, 2018 Our City Council shall provide visionary leadership in policy making that supports: Our Mission, Our Vision, and Our Values OUR MISSION The City of Spokane Valley Promotes social, economic, environmental and cultural well-being of the community, Ensures that resources are used efficiently and effectively as well with transparency and accountability in decision-making, Provides the prudent use and stewardship of local community resources, so that the citizens of Spokane Valley may realize the best quality of life possible through cost-effective governance. OUR VISION To accomplish this mission, city government is committed to provide citizens with: ▪ A safe and clean community • Efficient, effective, transparent, and quality city services. • Infrastructure of adequate capacity to accommodate present and future needs. • Diverse opportunities for recreational, cultural, and economic development. • A well-managed and fiscally sound community, OUR VALUES in all respects, city government is dedicated to accomplishing its mission through: • Professionalism • Pride ▪ Service • Fairness • Accountability This draft mission statement was written using the statements from Marion, Iowa; Pullman, Washington; and the Spokane Valley Governance Manual. Submitted by Rev. Genavieve Heywood, Pastor Veradale United Church of Christ 611N Progress Load Spokane Valley, WA 99037