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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. ill • " - --4111 0411011 L.R. HigginslW Vit7�r� � i �� Christine Bainbridge, ity Clerk Council Study Session: 09-03-2019 Page 3 of 3 Approved by Council: 09-10-2019