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2019, 10-15 Study Session MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington October 15,2019 Attendance: Councilmembers Staff Rod Higgins, Mayor Mark Calhoun, City Manager Brandi Peetz, Couneilmember John Hohman, Deputy City Manager Linda Thompson, Councilmember Erik Lamb, Deputy City Attorney Ben Wick, Councilmember Mike Stone,Parks & Recreation Director Sam Wood, Councilmember Bill Helbig, City Engineer Arne Woodard, Councilmember Chaz Bates, Economic Dev. Specialist Christine Bainbridge, City Clerk ABSENT: Pam Haley,Deputy Mayor Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Haley (who had called prior to the meeting to state she was ill and would not be participating via phone). It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Deputy Mayor Haley. APPROVAL OF AGENDA: It was moved by Councilmember Woodard, seconded and unanimously agreed to approve the agenda. ACTION ITEM: 1. Resolution 19-014,Barker Road Homes Sewer Project CDBG—Chaz Bates It was moved by Councilmember Woodard and seconded to approve resolution 19-014 formally authorizing the relinquishment of the City's 2020 and 2021 program year CDBG Spokane County set-aside in order to assist eligible low and very low income homeowners with Assessment and Connection charges on the Barker Road Homes project. After Mr. Bates explained some of the history and the project as noted in his Request for Council Action form, there was some discussion about some of the figures, with Mr. Bates explaining that the figures are estimates as we don't know the exact number of families that will be involved. Councilmember Thompson asked if people would be required to connect and Mr. Bates replied that they would; adding that the assessment over time would be about $46.00 a month, based on various scenarios; and stressed that these funds would provide funding for Sewer Assessment grants as well as for zero-interest Ioans for the side sewer connections for qualifying homeowners. In response to a question about any remaining funds from the set-aside,Mr. Calhoun noted the last sentence of the resolution states that if"after assistance for the Assessment and Connection charges with the Barker Road Homes project, there are additional funds from the City's set-side, such funds may be allocated to other projects within the County as recommended by the Community Services Advisory Board." Mayor Higgins invited public comment; no comments were offered. Vote by acclamation:In favor: unanimous. Opposed: none. Motion carried NON ACTION ITEMS: 2. Park Regulations—Erik Lamb, Mike Stone Deputy City Attorney Lamb explained that this topic was brought to Council in August of 2018, at which time Council identified some items of concern, so staff conducted further research; one of the issues that has impacted this issue is the Ninth Circuit Court of Appeals decision concerning no camping and no sitllie Council Study Session: 10-15-2019 Page 1 of 3 Approved by Council: 11-12-2019 regulations in the case ofMartin v.Boise;that concerning our park regulations,staff found some ambiguity in our regulations so those will need to be updated as well; he said staff is proposing to remove camping from park regulations and have separate camping regulations. Mr. Lamb said the issue of drones in parks was brought up previously and he noted there are some areas in parks where drones would not be appropriate, such as in close proximity to where children would play on playground equipment; he said the idea is to restrict drones in parks except to permit them in specifically designated areas; said there are some things we can do under federal law; he said we can't limit where they fly but we can restrict the operators as to where they launch from,and they can't Iaunch within park properties except in specifically designated areas. Mr. Lamb also noted that pinatas were discussed including some concern about damage to frees and other structures,so the proposal is to prohibit hanging them from trees,but they would be permitted within picnic shelter structures provided it is done in a way that is not likely to result in damage to a facility or any person. Mr. Lamb explained that a debatable issue is establishing the park hours of operation, and he mentioned that currently the hours are dark until 10;00 p.m., however, he noted that proposed code language sets the hours as open at 6:00 a.m. and closed at sundown or 9 p.m.,whichever occurs later, but the RCA mentions the proposal is to change the hours from 6:00 a.m. until sundown or 9:00 p.m.,whichever occurs first. Mr. Lamb said he will talk with Mr. Driskell upon his return and discuss the preferred recommendation. Director Stone explained that the objective is to reach a balance as they'd like to have the maximum number of hours open during reservation season, and if there are times to limit hours,to examine that closer; said it has taken several years to educate the public about the system and a change in times will require re- education, as well as a re-write of the policies and reservation forms; and he suggested the idea of having a two-tier system: one for during reservation, and the other to address the remainder of the year. Councilmember Thompson mentioned movies in the park and Mr. Stone explained those types of activities would require a special permit which would dictate when the hours would be allowed for the event. A question arose about how to enforce the hours in the park or if someone walking across a park after hours would be in violation. Mr. Lamb explained that the intent is to limit park hours after dark because that is usually when there is unwanted activity, and that there generally are not problems during the day. Mr. Calhoun restated that the hours for the parks to be open would be determined by Council. Director Stone stated that law enforcement would likely have data on the calls they respond to, but it would not be possible to determine when such unwanted acts occurred as most of the time, it is reported after the fact when it is discovered by the Senske crews. Mr. Lamb said he will check with law enforcement to see if there is data available. A question came up about closing restrooms and Mr. Stone stated that restrooms are usually open April 15 through October 15 primarily because of the water; he said staff is researching automatic timers on restrooms; that they are not fail-proof but staff is trying to find ways to work with that. Councilmember Wood said it is sad we have to close the parks so families can't use them because of some people who abuse the facilities; said he would like to explore leaving the parks open until 9 or 10 pm, or whichever works year around. There was apparent consensus to bring this forward for a first reading, and to perhaps include more than one option to consider for park hours. 3. Camping in Public Spaces—Erik Lamb Deputy City Attorney Lamb said that over the last few years we have seen significant impacts regarding the homeless, and there have been discussions about the various issues including funding problems, and what we can and can't do in light of the Martin v. Boise case; he said staff continues discussions with Spokane City and Spokane County about the numerous issues surrounding a shelter. Mr. Lamb said that those past discussions are not tonight's topic as this agenda item focus is one small aspect,that of regulatory enforcement of no camping; he said staff proposes having a comprehensive ordinance that would apply to all public property. Concerning the draft code language, Mr. Lamb said this ordinance would prohibit camping on public property and rights-of-ways such as roadways, sidewalks and stormwater property; as well as prohibit camping on City Hall property, parks and park facilities and any other public property Council Study Session: 10-15-2019 Page 2 of 3 Approved by Council: 11-12-2019 where camping would materially interfere with the intended public's use of the property; he said it would also prohibit encampments, and he described the aspects of that prohibition as noted in his Request for Council Action. Mr. Lamb noted that this ordinance would be similar to the regulations adopted by the County so police would have some familiarity;said the goal would not be to adopt this and then give people a citation,but rather to connect people with resources to hopefully get them out of being homeless;and said he is seeking Council consensus to bring this forward for an ordinance first reading. Councilmember Wick asked about the fairgrounds,and Mr. Lamb said camping would be allowed by law in designated areas, and said he will make a note to include that in the draft. There was Council consensus to bring this forward for an ordinance first reading. 4. Advance Agenda—Mayor Higgins There were no suggested changes to the Advance Agenda. 5. Council Check-in—Mayor Higgins Councilmember Peetz extended kudos to staff for handling a matter at Balfour Park,and Mr.Calhoun added that there was a lot of standing water next to the park, so the stormwater crews fixed it so the water will drain off the roadway; he added that the stormwater staff continues working through several projects to try to get them taken care of before winter. 6. City Manager Comments—Mark Calhoun City Manager Calhoun mentioned the completed project in the Midilome neighborhood,and that it was the first project using the funds from the street wear fee; and with the completion of the project there will be a small ribbon cutting next Wednesday, October 23, at 4 pm; he said it will be small as there isn't a large space for it; and that more details will be announced later. It was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:49 p.m. ATT S.' L.R. Higgins, . liristine Bainbridge,'ity Clerk Council Study Session: 10-15-2019 Page 3 of 3 Approved by Council: 11-12-2019