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2022, 05-03 Study Session MINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, May 3, 2022 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Chelsie Taylor, Finance Director Laura Padden, Councilmember Cary Driskell, City Attorney Brandi Peetz, Councilmember Bill Helbig, Community&Public Works Dir. Ben Wick, Councilmember John Bottelli,Parks,Rec&Facilities Dir. Arne Woodard, Councilmember Dave Ellis, Police Chief Adam Jackson, Planning/Grants Engineer Morgan Koudelka, Sr. Administrative Analyst Jenny Nickerson,Building Official Chaz Bates,Planning Manager Mike Basinger, Economic Development Dir. Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AMENDED AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. PROCLAMATIONS:Recognizing Child Care Providers; Older Americans'Month Mayor Haley read the proclamations as noted above. ACTION ITEMS: 1. Motion Consideration: Storrnwater Comp Plan and Rate Study Consultant Services Agreement—Bill Helbig It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager to finalize and execute an Agreement for Professional Services with Osborn Consulting, Inc., in an amount not to exceed $282,612.00 for the Stormwater° Comprehensive Plan and Rate Study. After Mr. Helbig gave a brief summary of the purpose of the plan, Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor unanimous. Opposed none. Motion carried. 2. Motion Consideration: 2020 Pedestrian and Bicycle Program Grant Award—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager or designee to accept the Pedestrian &Bicycle Program award for the Sprague Avenue crossing between City Hall and Balfour Park project. After Mr. Jackson gave a brief summary of the grant award process, Mayor Haley invited public comments.No comments were offered. Vote by acclamation: in favor unanimous. Opposed: none. Motion carried. NON-ACTION ITEMS: 3. City Hall Update—Bill Helbig, Shane McFetridge Community and Public Works Director Helbig introduced Mr. Shane McFetridge, the City's outside consulting attorney, who read a prepared statement explaining the background of the building, including the City's occupation of the building in September 2017, the discovery of construction and/or design concepts,the hiring of consultants to identify the nature and extent of the defects, the hiring of himself as Council Meeting Minutes,Study Session:05-03-2022 Page 1 of 4 Approved by Council:05-24-2022 special litigation counsel;that suit was filed April 2020 naming as defendants allegedly responsible for the various defects,prime contractor Meridian Construction,Architects West,All West Testing&Engineering, and Eight31 Consulting; that the parties have engaged in the discovery process which includes extensive testing of various areas and systems of City Hall;that the parties agreed that mediation may assist in solving some or all outstanding issues,the first session was conducted March 17,2022 with all defendants and most subcontractors attending; additional mediation sessions are scheduled for late fall 2022; in the event of unsuccessful mediation, trial is set for March 6, 2023. Mr. McFetridge stated that the City has not waited to conclude the litigation before beginning some of the necessary repairs; and that the City continues to move forward toward resolution in a manner that seeks to hold those who created the defeats, fully responsible. Director Helbig then went over the funds expended to date as shown in table 1 of the agenda packet materials, as well as anticipated 2022 funds needed as shown in table 2; and noted that staff anticipate we will need an additional $700,000 which will include litigation support, project management and necessary construction over the entire four and a half year history including up through spring of 2023; and he noted as there are currently no funds appropriated in the 2022 budget,a future budget amendment will be required. After brief Council discussion, there was unanimous Council consensus to include $700,000 in the 2022 budget amendment,for the additional expenditures for City Hall as noted. 4.2022 Budget Amendment—Chelsie Taylor Finance Director Taylor went over the highlights of the budget amendment materials, and noted that the prior agenda item of$700,000 is not included, but it will be included when the public hearing and first reading of the ordinance to amend the budget, is brought to Council May 24. 5. Potential grant Opportunities: Safe Routes to School; and 2022 Pedestrian Bicycle Program — Adam Jackson After Mr. Jackson went over the background of the potential grant opportunities for submitting grants to the Pedestrian and Bicycle program, and to the Safe Routes to School program, including total available program funds and that no match is required, there was Council discussion about the River Loop and the Kaiser Aluminum plant. Mr. Hohman stated that once he has more details about some of the concerns of Kaiser that will be brought back to Council; that the river loop does require some additional work, and perhaps Sullivan to Flora would be the better segment rather than Plantes Ferry to Sullivan. Councilmember Padden said she would prefer spending be focused on the high priority projects like the Barker Corridor, while Councilmember Wick said he likes the idea of starting to make some progress on the loop trail. After further discussion about the recommended project list, four Councilmembers agreed to have the loop trail projects removed from consideration; and agreed that staff should bring back at the next Council meeting for a motion consideration, that South Barker Road Corridor, Sprague to 4'11 Avenue project under the Pedestrian Bicycle Program, and the South Barker Road Corridor, 4t1'to 8th Avenue project under the Safe Routes to School Program. 6. Parking on Private Property—Bill Helbig, Erik Lamb, Jenny Nickerson Deputy City Manager Lamb explained that staff is looking for more direction concerning these issues;said a draft code is enclosed in tonight's packet materials,which can be modified as Council desires; that there is also the possibility that some issues might need to go before the Planning Commission;and that the topics for tonight's discussion include (1)junk/inoperable vehicle storage, (2)vehicle(including RV)parking and storage on private property, (3) RV and tent camping on private property, and (4) multifamily parking issues. I. Junlr/Inoperable Vehicle Storage As Council was reminded of the City's and state's four criteria of what defines a junk vehicle; i.e.(a)three years old or order, (b) extensively damaged, (c) apparently inoperable, and (d) has an approximate fair market value equal only to the approximate value of the scrap in it; most discussion focused on whether to allow one junk vehicle per lot, screening or enclosed structure. Mr. Lamb stated that our code currently Council Meeting Minutes,Study Session:05-03-2022 Page 2 of 4 Approved by Council:05-24-2022 allows two junk vehicles and a `parts' vehicle and they must be kept in a lawful structure, behind a fence or screened.Mr. Lamb explained that the proposal is not to change the definition of a junk vehicle, but the proposal is to include a definition of`unlicensed vehicle.' Enforceability was also mentioned. There was five to two Council consensus to allow just one junk vehicle behind a fence; and unanimous Council consensus to add the unlicensed vehicle definition. 2. Vehicle (including RV) Parking and Storage an Private Property Director Helbig lead this discussion noting the City's current code has no limits on the number or location of parked vehicles on private property; and that the draft revised code limits parking/storage only as an accessory use to an established residential permitted use; limits the number of parked or storage vehicles visible from the public right-of-way as well as limits the number of RVs unless the property is greater than one acre, and includes no parking within required side or rear yards and parking only on areas with pavement, concrete, grasscrete or similar material. Mr. Lamb noted that enforcing this provision would be a challenge but complaints received have been about people parking in their front yards, so the question is does Council just want to focus on junk vehicles. Council discussion included mention that many properties don't have concrete upon which to park; concrete or asphalt is expensive; four self-propelled vehicles is enough,which might include one private use RV, one trailer to haul trash, etc.;to perhaps just focus on the maximum number of RV's per lot and not the number of trailers or cars; the idea is to try to avoid people living in their RV's;and there was ultimate Council consensus(six to one)to allow one RV with exceptions, and not to worry about the groundscape. Mr.Driskell mentioned that Council could set a standard but allow for exceptions, there was also Council consensus to go with a limit of five vehicles that are visible on the private property. Mr. Hohman said this would not be complaint-driven,and would be enforceable. 3. RV and tent camping on private property After brief Council discussion, Council agreed to 30 days for the temporary permit, and for short term tent use, 48 hours for four times a year. 4. Multifamily Development Parking. In response to Councilmember Padden's question about whether this would apply to existing multifamily, Mr.Lamb said this would not address current structures where we are having issues with street parking, as we could not go back to require additional spaces. Deputy Mayor Higgins said he doesn't agree with the current code to allow 1.5 spaces per dwelling, and he also doesn't like the idea of subsidizing property owners where they charge for parking. After discussion about the number of spaces, there was consensus to change that to two spaces. Councilmember Woodard asked if it is possible to stop the fee for parking on existing developments, and Mr. Driskell said he will research that, but impairment of contract could be argued; said he will look at other areas and see if anyone else includes that. Mayor Haley noted that if developments won't be able to charge for parking, they'll just put it on the apartment fee, and apartment rentals are very high now; said she world personally prefer not to look at that issue. Deputy Mayor Higgins said he likes the idea of changing the required space to two and to continue with the rest of the proposed language. Mayor Haley called for a recess at 8:03 p.m.; she reconvened the meeting at 8:13 p.m. 7. Comprehensive Plan Amendments Chaz Bates After Mr. Bates went through his PowerPoint explaining about the four proposed comprehensive plan amendments, and there was Council consensus to proceed with a first reading as proposed. 8. Law Enforcement Interlocal Agreement—Erik Lamb, Chief Ellis, Morgan Koudelka Deputy City Manager Lamb stated that we are in the last year of a five-year agreement; and if we want to renew with any changes, we would need to give the County notice.Mr. Lamb briefly went over the history of our agreement and of our dedicated officers.,shared officers,and law enforcement budgeted costs as well as noting the percentage those costs represents out of our general fund budget. Mr. Lamb mentioned that the typical driver of cost increases are cost-of-living adjustments, and increases to health insurance Council Meeting Minutes,Study Session:05-03-2022 Page 3 of 4 Approved by Council:05-24-2022 premiums. Mr. Koudelka then went over the organizational chart, patrol platoons' staffing; officers who supplement patrol response such as resource officers and the homeless services deputy; patrol platoon scheduling which also must accommodate vacation,training and other officer leave; patrol platoon staffing availability, workload and performance measures,civilian positions, capital facilities and equipment,and a chart showing the police service demand of population and calls for service. Mr. Lamb noted the considerations for Council shown on slide 30,and said if Council would like any other information as they think about the contract renewal, to let staff know; said he is not asking for any decisions tonight, adding that next week Council will hear a presentation from Chief Ellis regarding ARPA.There was also discussion about Crime Check with mention from Chief Ellis about the need for data reporting, and that we pay the actual cost for what we use. Mr. Koudelka mentioned the reconciling and settle and adjust, which takes place after the end of the year. At 8:58 p.m., it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to extend the meeting for 10 minutes. 9. Advance Agenda—Mayor Haley Councilmember Wick mentioned that Innovia has an upcoming summit set for May 16,and asked if a report could be given to Council concerning their request, prior to that summit. Mr. Lamb said staff can bring back a report just on Innovia and there was Council consensus. 10. Community&Public Works Monthly Report This report was for information only and was not discussed or reported. 11. Council Comments Mayor Haley There were no additional Council comments. 12. City Manager Comments—John Hohrnan In turning the floor over to City Attorney Driskell, Mr. Driskell introduced recently hired Senior Deputy City Attorney Mr. Tony Bettie.Mr.Holunan noted the two letters placed on Council dais, one a draft letter to support the air mobility command, and Council agreed to send the letter of support with Mayor Haley's signature; and the second a letter from Spokane County Treasurer Baumgartner thanking us for providing space in our City Hall for people to come pay their taxes; and he said there were about 200 people who used our facility to pay their taxes, adding that it is a great service for our citizens. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:04 p.m. ATT T. Pam Haley,Mayor Christine Bainbridge, City Clerk Council Meeting Minutes,Study Session:05-03-2022 Page 4 of 4 Approved by Council:05-24-2022