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2020, 08-11 Regular Formal MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Spokane Valley,Washington August 11, 2020 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. Attendance: Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz,Deputy Mayor John Hohman,Deputy City Manager Tim Hattenburg Councilmember Cary Driskell, City Attorney Rod Higgins, Councilmember Erik Lamb,Deputy City Attorney Linda Thompson, Councilmember Chelsie Taylor,Finance Director Arne Woodard, Councilmember Morgan Koudelka, Sr. Administrative Analyst Mike Stone,Parks &Recreation Director Absent;Pain Haley, Councilmember Lori Barlow, Senior Planner Chaz Bates, Senior Planner Mike Basinger, Economic Develop. Manager Christine Bainbridge, City Clerk ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Haley. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councilmember Haley from tonight's meeting. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Thompson: said she has been working virtually with NLC's (National League of Cities) Women in Municipal Government group talking to leaders across the nation about how to address similar issues; said she attended the drive-in movie at Mission Park and it was an excellent event. Deputy Mayor Peetz: stated that she attended the Legislative Priorities meeting with the AWC(Association of Washington Cities) and they discussed some controversial topics such as net economical gain, broadband, the Growth Management Act, and others and that she talked with them about some of our legislative items; said a topic mentioned was the requirement for a complete investigation in instances of fatal police force; and said she got an e-mail about the success of this year's Farmer's Market. Councilmember Hattenburg: regarding the STA(Spokane Transit Authority)meeting,said they received a $2.95 million grant from the federal Transportation Administration for seven double-decker buses which they expect to be running by 2023, and which would increase the capacity of each bus by about 33% so it will be more efficient;said the STA also received a$3.9 million grant from the state,and the STA continues to move forward debt free. Councilmember Higgins: reported that he attended the Clean Air Agency meeting and they are in the process of moving into their new quarters, that they are signing a 20-year lease for a space in Airway Heights; he added that they are also in the middle of their selection process for hiring a new executive director and expect that process to be completed about mid-September;regarding the Aging and Long Term Care group he said they just completed an exceptional audit. Councilmember Woodard: said he attended the Farmers Market and it was a good turnout and vendors and participants were happy. Regular Formal Council Meeting: 08-11-2020 Page 1 of 6 Approved by Council: 08-25-2020 MAYOR'S REPORT Mayor Wick said he also heard good things about the Farmer's market; said he has been on some committees planning for school re-opening, including the Health District and all are working on methods to safely get kids back to school,whether in person or virtually; said the Freight Mobility Investment Board also met and they talked about projects and project delivery, and he mentioned the quick progress on the I- 5 interchange project; said the state continues struggling with a large financial crisis with gas tax revenues down. GENERAL PUBLIC COMMENT OPPORTUNITY 111: Mayor Wick briefly explained the process for giving public comment. Two people had previously signed up to comment: Mr. Bob West, Spokane Valley: spoke about recent and continual verbal attacks on private citizens and councilmembers during previous public comments by Ms. Barb Howard. Throughout Mr. West's comments, Councilmember Higgins raised a point of order in that he feels the comments were inappropriate. City Attorney Driskell suggested for future meetings, that Council elaborate on the process and of what is expected,and that it should be done prior to a meeting and be consistent. Mr.West continued his remarks and ended by stating that comments should be respectful and deal with city issues and not be a political platform to attack. Ms. Barb Howard, Spokane Valley: mentioned several past meetings where others were verbally attacked as they spoke about issues or other members of Council and which comments were not connected with the business of the City; she also noted there continues to be homeless people at Balfour Park, CenterPlace and City Hall and she questioned why the rules are not being enforced. City Attorney Driskell said there appears to be some confusion on what is and is not appropriate for public comment legally; said this has been discussed in the past and said he could present an administrative report to Council in about a month in order for this topic to be more fully discussed; said these meetings constitute a limited open public forum and Council could include some regulations on how comments are to be given. Councilmembers nodded in agreement. I. CONSENT AGENDA: Consists of items considered routine which are approved as a group. 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 Consent Agenda. a.Approval of claim vouchers on Aug 11, 2020, Request for Council Action Form Total: $2,729,539.64 b. Approval of Payroll for Pay Period Ending July 31,2020: $554,597.20 It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Motion Consideration: Justice Assistance Grant(JAG)2020—Morgan Koudelka It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to apply for the Justice Assistance Grant to purchase lighting and cameras to cover the Spokane Valley Police Precinct rear lot, immediately to the south of the existing precinct building. Mr.Koudelka explained about the grant opportunity and that after speaking with Police Chief Ellis, it was determined lighting and cameras were needed to support officer safety and wellness. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2a. Motion Consideration: Barker Road Cassell Acquisition—Cary Driskell, John Hohman It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to finalize and execute the Settlement Agreement, and any additional paperwork necessary to purchase the rights needed from Bradley Cassell for parcels 55061.9022, 55061.9047, and 55061.9408,for a total amount of$405,000.00. City Attorney Driskell said staff has been working on property acquisition for some time now and had been in negotiation with Mr. Cassell for a while;said the condemnation action was proceeding in due course and in talking with Mr. Cassell and his attorney, we were able to arrive at this negotiated settlement amount. Mr.Driskell said there is one more property to pursue.Mr.Hohman gave some brief background of the rest Regular Formal Council Meeting: 08-11-2020 Page 2 of 6 Approved by Council: 08-25-2020 of the project, noting that the $9 million in TIGER funds must be obligated by September 30 of this year, but that we can't obligate the funds until we have the right-of-way certified; he noted that the Department of Transportation (DOT) worked with us to come up with a different approach in connection with the one remaining property, and that we applied for and were granted approval to except out this particular parcel as we move forward; he said there is a lot of work to do on this project and expressed his appreciation for the helpfulness of DOT, and that this will allow us to meet the September 30 deadline; said plans are being finalized now and staff hopes to advertise in October with a bid opening in December or January, adding that construction would not occur during winter.Mr.Hohman mentioned the December 7 court date on this and said he will try to maintain that to be able to follow through on condemnation. Mr. Driskell added that this will give us more time to get it through the court and that the courts have been very backed up; said it is unclear when those issues will get unclogged but we will push as hard as we can to get that resolved. Mr. Hohman said the next milestone is to obligate funds and we can't advertise until that is done; regarding groundbreaking, he said that Avista is cun-ently moving some of their power poles to accommodate the project and that we may be scheduling a groundbreaking in the spring as now we would be limited to no more than five people due to COVID restrictions.Councilmembers agreed spring is better for such an event. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed. none. Motion carried. 2b. Motion Consideration: Agreements with Spokane Valley Partners, SNAP, Central Valley School District, West Valley School District, and East Valley School District Regarding CARES Act Funding Allocations—Chelsie Taylor, Erik Lamb I. Agreement with Spokane Valley Partners It was moved by Deputy Mayor Peetz and seconded to approve the agreement with Spokane Valley Partners to administer the City's CARES Act CRF Funding program for food security in the amount of$236,640, and authorize the City Manager to finalize and execute the Agreement in substantially the form presented. Deputy City Attorney Lamb explained that the contracts are our standard form agreements with the main body more of a boilerplate but modified to meet the CARES requirements; he and Ms. Taylor also noted that the specifics are included in each contract's Scope of Work. Ms. Taylor noted that Valley Partners plans to purchase two vehicles, one will be a refrigerated truck and the second a small vehicle to help distribute food. Mayor Wick asked for public comments and City Clerk mentioned the written e-mailed comments from Ms. Jennifer Wilcox in favor of the contracts. There were no other public comments on any of the motions for this agenda item. Vote by acclamation: in favor: unanimous. Opposed:none. Motion carried. 2. Agreement with SNAP It was moved by Deputy Mayor Peetz and seconded to approve the agreement with SNAP to administer the City's CARES Act CRF Funding program for rental/mortgage assistance and utility assistance in the combined amount of$993,424, and authorize the City Manager to.finalize and execute the Agreement in substantially the form presented. Ms. Taylor said some of the parameters Council might want to consider discussing include that the assistance would be given to those households at or below 80% of the average median income; rental/mortgage assistance would be provided for up to four months; utility assistance would provide up to $1,000 and would include water, garbage, sewer and internet services. After brief discussion on those parameters, including hearing input from SNAP CEO Ms. Julie Honekamp on what 80%of the average median income is for a Spokane County household of various sizes, and that the$1,000 utility assistance might seem high but many households are in arrears, Council agreed with the 80%, the four months rent with no cap, the $1,000 for utilities and include the internet but not TV. Vote by acclamation: in favor.' unanimous. Opposed: none. Motion carried. 3. Agreement with Central Valley School District It was moved by Deputy Mayor Peetz and seconded to approve the agreement with Central Valley School District to administer the City's CARES Act CRF Funding program for school assistance in public health expenses, and authorize the City Manager to finalize and execute the Agreement in substantially the form presented, Mr. Lamb said he met with representatives of all three school districts and they identified a process to allow them to use the funds in the best way possible while allowing flexibility; said usually Regular Formal Council Meeting: 08-11-2020 Page 3 of 6 Approved by Council: 08-25-2020 allocations are based on FTEs, with Central Valley taking half, and the other half split between West and East Valley, and they wanted to be clear that if one district didn't use all their amount, if could be given to another district and that any changes would be subject to written approval from the other districts; he said the safety equipment would allow kids to come back to school; that Central Valley wants equipment to allow their personnel to check kids as they come into the building; West Valley will be purchasing more direct personal protection equipment, and East Valley will be doing temperature checks. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4.Agreement with West Valley School District It was moved by Deputy Mayor Peetz and seconded to approve the agreement with West Valley School District to administer the City's CARES Act CRF Funding program for school assistance in public health expenses, and authorize the City Manager to finalize and execute the Agreement in substantially the form presented. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Agreement with East Valley School District It was moved by Deputy Mayor Peetz and seconded to approve the agreement with West Valley School District to administer the City's CARES Act CRF Funding program for school assistance in public health expenses, and authorize the City Manager to finalize and execute the Agreement in substantially the form presented. Vote by acclamation: in favor: unanimous. Opposed: none.Motion carried. Mr.Lamb said staff is working on marketing efforts and Council will see that coming up soon, including social media marketing, e-mail, postcards, press releases, and advertising on our and the Chamber's website; and he thanked Council and all the partners we are working with to have these CARES funds allocated, which should all occur in under two months. Mr. Calhoun also thanked Mr. Lamb and Ms. Taylor for getting this done so quickly and smoothly. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Wick mentioned that the comments are limited to three minutes each. Two people had previously signed up to comment: Ms. Pete Miller, Spokane Valley: said she wanted to address a few of the Planning Commission remarks and their observations regarding Comp Plan Amendment 2020-0007; said "they seemed not to realize that the only change for the proposed R4 zone was lot size of 4300 square feet;that the current R3 zone is the same type of housing proposed for the R4 zone; nothing changes except lot size;the CPA increases duplex lots to 14,500 square feet in the proposed R3 and will discourage the kind of duplex rental development that has become an alarming percentage of building permits; in one commissioner's comments,the health, safety and well-being of city residents was used as a reason to vote against this CPA and that made absolutely no sense; although some commissioners seemed to favor advancing the CPA, they ended up voting against it for the good of the order; they have an objection to eight houses per acre in the proposed R3 zone,they should have done their math;43,560 square feet per acre divided by 5,000 square feet,equals 8.71 dwelling units; the only way that can happen is without any infrastructure and is next to impossible; rule of thumb is 20%for infrastructure; if they had taken that 43,560 square feet times 80%which is 34,848 square feet divided by 5,000 square feet for each lot the result would have been 6.97 dwelling units; this should have nullified any objection; applying the same numbers to any objection to ten dwelling units in the proposed R4 zone leaves a max of eight dwelling units; lack of comments was a concern - the city provided the exact notice that was required by law and is the same notice that was given when the R4 zone was erroneously combined with R3 in 2016; at that time there were 86 comments, 64 of which were site- specific which was the Sprague and Barker area; my point is the majority of comments received will not address the actual reasons why this City initiated CPA as necessary.The City is correcting what they realize was a zoning mistake, by removing the R4 zone in the first place. In my opinion, staff has done a brilliant job and 1 totally support what they have done." [The three minute time period expired.] Ms.Barb Howard, Spokane Valley: said she doesn't like people who lie and doesn't know how to deal with people who lie to her; said the person who commented might want to look at all things he was surfing the interne for; said she had two recordings on her answering machine, one was from Bob West's lawyer telling her to back off him; and the other was from a City code enforcement officer stating that an officer Regular Formal Council Meeting: 08-11-2020 Page 4 of 6 Approved by Council: 08-25-2020 said that it is ok for people to stay in motor homes as long as they are playing video games; said on the one comment she will be calling the bar association in the morning; said she would like a public apology for Michelle Rasmussen for what they did to her; said before she is done she will have that apology; said to remember that what Mr. Driskell is going to do to her,will also be done to anyone. ADMINISTRATIVE REPORTS: 3.Valleyfest Update—Peggy Doering Valleyfest Executive Director Ms. Peggy Doering explained that changes have been made to many community events and will also be made to Valleyfest due to the current pandemic; said she had remained hopeful people would have been able to gather in person but that is not the ease since we are obviously not moving to phase 3 in August and therefore likely won't be in phase 4 before Valleyfest would have been scheduled to begin; she went over some of the ideas she has for this year's Valleyfest including virtual vendors, streaming live entertainment from YouTube,vendors interacting with shoppers via Zoom, virtual races, and a porch parade. Ms. Doering said she feels it is important to celebrate as doing so can not only be entertaining, but give us hope and help celebrate our great community spirit. Councilmembers said they appreciate Ms. Doering's commitment, inventiveness and imagination. 4. Code Text Amendment(CTA-2020-0001,Annexation)—Mike Basinger, Erik Lamb Mr.Basinger went through the PowerPoint explaining about the proposed code text amendment concerning annexation; he spoke of methods and applicability of annexation, evaluation criteria, jurisdictional cooperation,and zoning. There were no objections that staff bring an ordinance to a future council meeting for first reading consideration. 5. Code Text Amendment(CTA-2020-0002, Essential Public Facilities)—Lori Barlow Ms. Barlow went through her PowerPoint presentation explaining the proposed code text amendment addressing essential public facilities; that the proposed amendment would prohibit locally significant essential public facilities(EPFs)in residential zones,and permit them in the Mixed Use Zone;she explained what an EPF is and that they are typically difficult to site due to the use or resulting impacts; she explained that a proponent would submit a request for determination of appropriate siting process to the Spokane County Planning Department for a decision by the Board of County Commissioners; and if the use is determined to be regionally or statewide significant, a regional siting process would be undertaken to consider a location analysis and have public involvement that would ultimately result in a ranking of the sites from the County Commissioners; and she mentioned that we have signed an Interlocal Agreement with Spokane County regarding Siting of Essential Public Facilities within Spokane County. She said that although we cannot prohibit the siting of EPF within the City limits, we can prohibit the siting of EPFs in single-family residential zones provided there is adequate, appropriate land available in other zones including allowing EPFs in at least one residential zone. Ms. Barlow noted the Planning Commission conducted a study session on the proposed CTA and held a public hearing and deliberations, and the Commission voted unanimously to recommend to the City Council that CTA-2020-0002 be approved, to prohibit EPFs in residential zones, permit them in the mixed use zone, and for other housekeeping items. She noted there were no public comments at the Planning Commission's July 11 Public Hearing. Ms. Barlow also noted that there was a substance abuse facility that previously wanted to locate in a residential area and the Hearing Examiner determined the use to be incompatible with residential uses. After brief discussion,there was Council consensus to place this item on a future agenda for an ordinance first reading. Mayor Wick called for a recess at 8:00 p.m.; he reconvened the meeting at 8:05 p.m. 6. Proposed Comprehensive Plan Amendments—Mike Basinger After Mr. Basinger went through the PowerPoint presentation, he asked for Council consensus on each proposed comp plan amendment,and went over the elements of each proposed amendment. The following is the consensus from Council on each proposed amendment: (1) CPA 2020-0001: the Planning Commission unanimously recommended approval to change the area from single family residential to commercial mixed use. There were no objections from Council. (2) CPA 2020-0002: the Planning Commission unanimously recommended approval to change the area from Industrial to Regional Regular Formal Council Meeting: 08-11-2020 Page 5 of 6 Approved by Council: 08-25-2020 Commercial. There were no objections from Council. (3) CPA 2020-0003: the Planning Commission unanimously recommended denial to change the area from multifamily residential to corridor mixed use. Council disagreed and recommended moving this forward as proposed. (4) CPA 2020-0006: the Planning Commission recommended approval to change the area from industrial to commercial mixed use with a five to two vote. There were no objections from Council in moving this forward. (5) CPA 2020-0007: the Planning Commission unanimously recommended denial of the proposal to change the Code text and area- wide rezone of the R-3 residential zone from single-family residential urban to single family residential; and to add an R-4 zone for single family residential urban which would allow for single family residential development at an urban density that provides flexibility and promotes reinvestment in existing single- family neighborhoods and other text changes as noted in the PowerPoint presentation. Mr. Basinger noted that townhouses are not considered multifamily. Mr. Basinger said this was brought forward to address a problem in the Greenacres area about inappropriate development. Council disagreed with the Planning Commission and instead recommended moving this forward as proposed. 7. Memorandum Of Understanding, Wa. Dept of Commerce Manufacturing Roadmap Chaz Bates Mr.Bates explained about the Washington State Department of Commerce new program called Regulatory Roadmap for Manufacturing Siting Feasibility; and that the program is the latest addition to a series of localized online portal designed to help ease the process of getting preliminary regulatory requirement satisfied for expanding or siting a new manufacturing facility. Mr. Bates said that to participate in the program we must enter into a Memorandum of Understanding;he noted the manufacturing roadmap would be maintained and hosted on Commerce's website and that there is no fee for them to do so, although we would be responsible for developing content and graphics consistent with Commerce's templates. Council agreed that staff bring forward this item as a motion for a future Council agenda. 8. Advance Agenda—Mayor Wick Deputy Mayor Peetz suggested moving forward with Mr.Driskell's previous suggestion about him bringing a report to Council to discuss the process of public comment,and what is expected by Council and citizens. Councilmembers agreed. 9. Finance Monthly Report The Finance monthly report was for information only and was not reported or discussed. CITY MANAGER COMMENTS City Manager Calhoun mentioned that there is only one item on the August 18 agenda as we had anticipated having the CARES contracts that night;since Council just approved those contracts,Mr.Calhoun suggested moving the one item currently on the August 18 agenda,to the August 25'h Council agenda,and cancelling next week's meeting. Councilmembers agreed. It was moved by Councilmember Higgins, seconded and unanimously agreed to adjourn, The meeting adjourned at 8:27 p.m. ATTFfiTZaiot UI isc Ben Wick, Mayor pristine Bainbridge, City Clerk Regular Formal Council Meeting: 08-11-2020 Page 6 of 6 Approved by Council: 08-25-2020 Chris Bainbridge From: Jennifer Wilcox <jcode.wilcox@gmail.com> Sent: Tuesday, August 11, 2020 3:57 PM To: Council Meeting Public Comment Subject: 8-11-2020 Council Meeting Public Comment Meeting date: 8-11-2020 Agenda Item: New Business- 2b.Motion Consideration for CARES Act Funding Allocations Name: Jennifer Wilcox City of Residence: Spokane Valley Mayor Wick, Deputy Mayor Peetz, Spokane Valley City Manager Calhoun, Councilmembers and City Staff, Thank you for the opportunity to give my comments regarding tonight's meeting. My comments: The agenda item notes an opportunity for public comment for each of the five agreements listed in the "Request for Council Action"document. For purposes of brevity, I'm sending my support for all five agreements and concurrence for fund allocations, as listed in the document. I've been present at all council meetings (6-23-2020 through 8-11- 2020) and have read the agendas and attached documents. The 7-7-2020 and 7-14-2020 meetings were of particular interest since they covered new funding for COVID-19 community relief from the Washington State Department of Commerce. The documents discussed at both meetings were substantive and complex. I've read them all and appreciate the level of care, commitment and equitable, funding allocation I noticed from city staff and council members. Sometimes, city residents are more reactive than proactive concerning interaction with city staff and city council members. Given the time constraints staff and council members had to review, consider options and finalize the overall plan, I hope the community will realize how well you've served us. Respectfully, Jennifer Wilcox CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 1