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