2019, 09-03 Study Session MINUTES
SPOKANE VALLEY COUNCIL MEETING
STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley, Washington
September 3,2019
Attendance:
Councilmembers Staff
Rod Higgins,Mayor Mark Calhoun, City Manager
Pam Haley,Deputy Mayor Chelsie Taylor,Finance Director
Brandi Peetz, Councilmember Cary Driskell, City Attorney
Linda Thompson, Councilmember Mike Stone, Parks &Rec. Director
Ben Wick, CounciImember Mark Werner, Police Chief
Sam Wood, Councilmember John Holtman, Deputy City Manager
Arne Woodard, Councilmember Erik Lamb,Deputy City Attorney
Bill Helbig, City Engineer
Caitlin Prunty,Attorney
Christine Bainbridge, City Clerk
Mayor Higgins called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Haley, seconded, and
unanimously agreed to approve the agenda.
ACTION ITEMS:
1. Resolution 19-013, Substitute House Bill 1406,Affordable Housing—Cary Driskell,Erik Lamb
It was moved by Deputy Mayor Haley and seconded to approve Resolution 19-013 declaring the City's
intent to adopt legislation to authorize the maximum capacity of the sales and use tax authorized by SHB
1406 within one year of the effective date of SHB 1406, or by July 28, 2020 for qualifying affordable and
supportive housing purposes, and request that the City Manager or designee prepare an enabling ordinance
for future Council consideration for at least the first.0073%, no later than February 4, 2020. City Attorney
Driskell explained the background of Substitute House Bill 1406, and emphasized that this would not be
an increase in sales tax but would be a rebate that would otherwise go to the state; said tonight's resolution
focus states our City's intent to adopt legislation to authorize a sales and use tax for affordable and
supporting housing; and once approved, staff would prepare an ordinance which would authorize the
rebated sales and use tax, which ordinance would need to be adopted by July 28, 2020. Deputy City
Attorney Lamb also noted that a plan does not have to be in place now;that upon adoption of an ordinance,
we would give notice that we will be taking that rebate, and we would start getting funds sixty to ninety
days after passage of that ordinance. In response to Councilmember Wick's question about when the 20-
year plan starts,Mr. Lamb replied it starts from when you start collecting the tax.Mr.Lamb also mentioned
that he spoke with our Bond Counsel, and this is subject to some change from the Department of Revenue,
but the money would come in after we provide them notice, so we won't have to wait until July. Mayor
Higgins invited public comment.
Ms. Barb Howard, Spokane Valley: she asked where does the money go and where is it kept; and where
would be affordable housing be built. City Attorney Driskell said those funds would be kept in a separate
fund in the budget and not be touched until we have Council direction; provided the process is consistent
with state Iaw,this would be at Council discretion on where affordable housing would be built.
Council Study Session: 09-03-2019 Page 1 of 3
Approved by Council: 09-10-2019
Mr.John Harding, Spokane Valley: said lie has concerns that with the statement of there will be no increase
in tax; said the state tax was just tripled 'over there' so we'd still pay for this through remediation; said the
police would have to have people onsite to take care of these people; said there is not enough citizen input
and he would like to have the facts about the expense to the taxpayers.
Deputy City Attorney Lamb again explained that this resolution is declaring the City's intent and that the
deadline for doing so is January 2020. Vote by acclamation: in favor: unanimous. Opposed: none. Motion
carried.
2. Motion Consideration: Park Property Acquisition from WSDOT—Mike Stone, Cary Driskell
It was moved by Deputy Mayor Haley and seconded to authorize staff to finalize and execute any documents
necessary for the purchase of Spokane County parcel number 45114.9009 for$844,000,plus any applicable
closing costs. City Attorney Driskell explained the background of this proposition, as noted on his Request
for Council Action form; that the Department of Transportation contacted us to let us know they wanted to
surplus this property; he mentioned the aluminum dross contamination and that cleanup process will likely
end by the end of this year or early 2020; that we have a draft sales and purchase document but we will not
close until 60 days after the property has been determined fully cleaned. Parks and Recreation Director
Stone stated that this property protrudes into park property that we have been maintaining for many years;
and that this is an exciting opportunity for Sullivan Park and ties in with several City policies and objectives,
as well as with the future MasterPlan. Mayor Higgins invited public comment;no comments were offered.
Vote by acclamation: in favor: unanimous. Opposed' none. Motion carried.
NON-ACTION ITEMS:
3. Code Enforcement Revisions—Caitlin Prunty
Via her PowerPoint presentation, Spokane Valley Attorney Prunty gave some background information on
the City's adopted chronic nuisance provisions; mentioned that the proposed changes will better align the
language prohibiting chronic nuisances already in our Code; that one of the revisions includes a more
flexible time period when issuing a notice and order given, changing the 30-day time period to a proposed
`reasonable period.' Ms.Prunty explained the rationale for the 30-day change is associated with when our
Code Enforcement Officer issues the notice and order; that imposing a 30-day timeframe is counter to our
goal, which is voluntary compliance. There was some discussion about how to define `reasonable period'
and Mr.Lamb said that staff can come back with some clarifying language, such as no less or no more than
a certain amount of days. Councilmeznbers agreed with the suggestion and with moving this forward to an
ordinance first reading.
4. Advance Agenda—Mayor Higgins
Councilmember Thompson suggested convening the Governance Manual Committee in order to address
having a more clear process for public comments, based on what happened at the last Council meeting;said
she did not realize after reconvening from the recess that we would not continue further with public
comment; said she wants to hear what citizens say. City Manager Calhoun asked if there was Council
consensus to convene the Governance Manual Committee to address this, and three members of Council
indicated they would like to do so; however,with a lack of a majority,the Committee will not address that
at this time. Mayor Higgins said he has discussions with our legal department, and that at the time of the
incident,the simple thing to restore order was to call a recess. City Attorney Driskell said he and the Mayor
have had a few discussions and will continue some discussion points for Council and that the Mayor may
come forward with something in the near future; adding that public comment is a privilege and not a right.
5. Information Only
The Department Monthly Reports were for information only and were not reported or discussed.
Council Study Session: 09-03-2019 Page 2 of 3
Approved by Council: 09-10-2019
6. Council Check-in—Mayor Higgins
Councilmember Wood mentioned he noticed not all News Channels mention the weather in Spokane
Valley; said some mention Spokane and Coeur d'Alene and skip over Spokane Valley; which he said is
offensive.
7. City Manager Comments—Mark Calhoun
Mr. Calhoun said that the generator will be installed here at City Hall beginning Thursday; and we expect
to have the Police Precinct generator by mid-November; he mentioned the upcoming Council of
Governments meeting this Friday at the Fairgrounds, from 9:30 to noon, hosted by Spokane County, and
that all members of Council plan to attend; and he noted that parking passes and the agenda have been
distributed to all Councilmembers.
It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting
adjourned at 6:51 p.m.
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Christine Bainbridge, ity Clerk
Council Study Session: 09-03-2019 Page 3 of 3
Approved by Council: 09-10-2019