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2022, 06-14 special 4 pm meeting MINUTES City of Spokane Valley City Council Special Meeting Tuesday,June 14,2022 Mayor Haley called the meeting to order at 4:00 p.m. The meeting was held virtually via Zoom, and also in City Hall Council Chambers with Council and staff attending in person. Attendance: Councilmembers Staff Pam Haley,Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb,Deputy City Manager Laura Padden, Councilmember Chelsie Taylor, Finance Director Brandi Peetz, Councilmember Cary Driskell, City Attorney Ben Wick, Councilmember John BottelIi,Parks,Rec&Facilities Director Arne Woodard, Councilmember Bill Helbig, Community&Public Works Director Tony Beattie, Sr. Deputy City Attorney Absent: Dave Ellis, Police Chief Tim Hattenburg, Councilmember Adam Jackson, Planning/Grants Engineer Jerremy Clark,Engineering Manager Mike Basinger, Economic Development Director Lori Barlow, Senior Planner Eric Robison, Housing& Homeless Coordinator Christine Bainbridge, City Clerk INVOCATION: The invocation was given by Pastor Craig Lotze of Victory Faith Church. PLEDGE OF ALLEGIANCE Council,staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Hattenburg.It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Councilmember Hattenburg. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS City Manager Hohman introduced Ms.Melanie Rose from Avista Utilities;said she will be transitioning to a new role at Avista and that tonight is a good opportunity to thank her for developing the strong relationship with us, and to introduce Mr. Colton Ducken who will be her replacement. Mr. Hohman explained that when Ms. Rose came into her position,we were at a critical time in our relationship with Avista concerning several issues, and Ms. Rose changed all that; said she was instrumental in the Barker and the Pines Grade Separation Projects; that the utility relocations on Barker were extremely complicated and that Ms. Rose worked with us through all those issues as well as the agreements with us to make sure everything worked on time, and said all that would not have happened without her; he also mentioned the donation of the property with the Pines project; and extended congratulations and thanks to Ms. Rose, adding that as she works as the representative for the City and the County,that there will likely be many times that we will be able to coordinate our activities and use this strong relationship. Council gave Ms.Rose a round of applause and thanks. Ms. Rose then introduced Mr. Colton Ducken. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wick: said he attended a FMSIB (Freight Mobility Strategic Investment Board) meeting where they continued discussion about their budget, and about truck parking; said he was selected Chair of Council Meeting Minutes, Special: 06-14-2022 Page 1 of 6 Approved by Council: 06-28-2022 the AWC (Association of Washington Cities) Large City Advisory Committee and at that committee meeting, they discussed legislative priorities as well as the topic of affordable housing. Councilmember Woodard: spoke about the HCDAC (Housing and Community Development Advisory Committee); received a report that the CDBG (Community Development Block Grant) allocations have been adjusted down by about $400,000 due to things going on at HUD although he said he hasn't heard anything about adjustments to our projects. Councilmember Padden: said that the Spokane Regional Law and Justice Council passed their bylaws, and that presentations and discussions about the jail facilities will begin soon. Councilmember Peetz: said that as part of the Spokane Mayor's Mental Health's Regional Task Force,that she is on the marketing and policy sub-committee where they are discussing innovative ideas as the Department of Commerce just release their list of grants; also met with the Government Action Committee yesterday where they heard a presentation from the Sports Commission and one from the Fire Department about their budget; said she participated in Greater Spokane, Inc.'s fly-in to Washington, D.C. and got to advocate on our City's behalf; and went to the legislative priorities meeting with AWC where they talked about condo liability and local control. Deputy Mayor Higgins: mentioned the Clean Air Board meeting and that they are struggling with declining revenues and rising cost; also attended the SRTC (Spokane Regional Transportation Council) meeting. MAYOR'S REPORT: Mayor Haley reported that the STA(Spokane Transit Authority)is doing well with sales tax and grant money from the state and federal government;that the SRTC meeting spent most of the time talking about the list of projects, and she noted that our projects are included among the top ten. PROCLAMATION: n/a GENERAL PUBLIC COMMENT OPPORTUNITY Ill: Mayor Haley explained the process, then invited public comments. Ms. Carolyn Loy: said she has a problem with a neighbor who has about nine cars, none of which are licensed; said he is running a business at 5'1' and Park; said she is tired of cars coming and going, and that this has been going on over two years. Ms. John Freeman: referenced his handout distributed previously by the City clerk; said there needs to be an external investigation into the Spokane Valley Police Department; he spoke about the officer's use of emergency lights to get through an intersection; said they can't follow their own procedures and something needs to happen. Mr. Rick Donaldson: gave his address as 14605 E Sanson in the Trentwood area; spoke of a safety issue regarding the construction of the Bigelow Gulch/Sullivan project; said people are ignoring the detour signs and driving and speeding through the residential area; said maybe someone could put up something to help alleviate this problem, maybe the flashing speed Iimit signs; said people are angry and are putting objects in the streets to deter the traffic; said he contacted the City and the County and each pointed their finger to the other. Mr. Curtis Reiland: spoke of the horrible road condition on 29'11 off Highway 27; said he used a map to try to report this but there has been no response; said he wants to see this road get some attention as it has been declared a red road and nothing has been done. Mr.Jim Hose: he requested that his neighborhood be added to the six-year street plan; said part of that area was developed in the 1950s, 60's, and 70's and nothing has been done for a long time in his neighborhood. 1.PUBLIC HEARING: Six-Year Transportation Improvement Program—Adam Jackson Mayor Haley opened the public hearing at 4:34 p.m. and invited Mr. Jackson to explain about the program. Mr. Jackson explained that the TIP is a tool of the state to enable the spending of REET(real estate excise taxes) on capital projects; he also mentioned the red spaces shown on slide 8, project 30, are the worst streets and not sustainable financially;that cities can spend more dollars fixing smaller areas as without any treatment, they will slowly fall into disrepair; so it is a fine balancing act which staff constantly evaluates; said the area around 29' and Highway 27 is not specifically in the TIP, and that of course, funding comes into play for all the projects.Councilmember Padden told Mr.Jackson that he might have a different attitude Council Meeting Minutes, Special: 06-14-2022 Page 2 of 6 Approved by Council: 06-28-2022 if he lived in one of those neighborhoods, that 35 years is a Iong time without any major improvements, and that she would like to see this neighborhood included in the six-year plan. Mr. Jackson said that even after the street wear fees were applied to the Midilome project,that area is still shown in red;that particular neighborhood along with other neighborhoods are on the list for the pavement study, but the problem is also stormwater. In response to a question from Mayor Haley about how we make the red roads good,Mr. Hohman said that we have been talking extensively about that for 19 years; that the Street Sustainability Committee last year mentioned that the one thing we do well on is the arterials, but there is no grant money for local access roads;even using the street wear fee of$1.5 million,those funds don't go far; said it would be prudent to add this onto the Plan and to look at different options about moving this forward for that and other neighborhoods; he said that ARPA funds are not an allowable use unless it is for water and sewer;he also noted we have certain challenges coming forward on the budget that we discussed this morning; but that we have under-funded maintenance and preservation of local access roads from the beginning. Mayor Haley invited public comment. Mr. Jim Hose again spoke to the disrepair of the roads. Mr. Curtis.Reiland asked when this would happen and said it should have been six or seven years ago. There were no further public comments and Mayor Haley closed the public hearing at 4:56 p.m. 2. Resolution 22-010 Adopting Transportation Improvement Program—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-010 adopting the 2023- 2028 Six Year TIP as presented. Councilmember Wick mentioned that the policy has been to focus on the yellow area, and mentioned the $1.5 million for the Midilome area; said the programs were previously funded by the phone utility tax which has been dramatically dwindling; said we can't keep up with the yellow streets let alone the red as the revenue isn't there and said Council has to come to an agreement about increasing revenues. Mayor Haley mentioned that there will be a future discussion about property taxes as most of our income comes from sales tax. It was moved by Councilmember Padden and seconded to add the Skyview neighborhood to the TIP. Mr. Jackson explained that the TIP is a high-level planning document; that if Council approves the motion,he will add the Skyview Neighborhood project, but it will be in the last year of the TIP. Mr. Hohman added that staff would come back at a future meeting and highlight the cost of this project.Councilmember Wick reminded everyone that the TIP has to be financially constrained, with comment from Councilmember Woodard that Council needs to talk about the need for additional revenue to address residential neighborhoods, even with coming into a time when it would be difficult to pay for additional programs. Mr. Jackson also reminded everyone projects must be in the six- year TIP program in order to use the REET(real estate tax) funds, and that the Tip can be amended at any time. Mr. Hohman said it would be helpful to have Mr. Jackson look at the extent of the poor streets and come back later for that discussion; that we don't have the funds to expend, but can look at the neighborhoods and identify the needs. Vote by acclamation to amend the motion: in favor: unanimous. Opposed: none. Motion carried. Vote by acclamation on the fully amended motion: in favor: unanimous. Opposed: none. Motion carried. NEW BUSINESS: 3. 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 June 14, 2022, Request for Council Action Form: $1,254,217.56 b. Approval of Payroll for Pay Period ending May 31,2022: $623,739.55 c. Approval of Council Meeting Minutes of May 24, 2022,Formal Meeting d. Approval of Council Meeting Minutes of May 31, 2022 Study Session It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the consent agenda. 4. Second Reading Ordinance 22-009 Public Parking—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 22-009, as proposed. City Attorney Driskell went through the PowerPoint and noted staff will be reporting back after about twelve months on the use of SCOPE as enforcement, adding that a resolution for a master parking prohibition schedule will also be coming forward in the near future. Mayor Council Meeting Minutes, Special: 06-14-2022 Page 3 of 6 Approved by Council: 06-28-2022 Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. First Reading Ordinance 22-010 Code Enforcement—Erik Lamb, Bill Helbig After City CIerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 22-010 adopting amendments related to junk vehicles, vehicle parking/storage, and camping nuisances, to a second reading. Deputy City Manager Lamb went through the PowerPoint explaining the amendments and noting that they address junk vehicles,vehicle parking and storage,RV and tent camping, but that multifamily will not be included as it is a development code issue and by law, must go through the Planning Commission process, which staff has started. After discussion about the amendments, it was determined to make the following changes for the second reading: the exception to junk vehicle, i.e. exception for one sight-screened junk vehicle, should also apply to unlicensed vehicle; vehicle parking and storage on private property to limit no more than five parked or stored operable vehicles, plus one RV plus one boat on a licensed trailer, and to keep the exception for the number where the owner/tenant can demonstrate more than five licensed drivers residing at the property. All Councilmembers agreed with the change for the second reading, on the number of vehicles, except Councilmembers Wick and Padden.Mayor Haley invited public comment;no comments were offered. Vote by acclamation: in favor:Mayor Haley, Deputy Mayor Higgins, and Councilmembers Peetz and Woodard. Opposed: Councilmembers Wick and Padden. Motion carried. 6. Resolution 22-011 Amending Master Speed Limit Schedule—dei'remy Clark It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-011 repealing and replacing Resolution 18-006, and amending the Maser Speed Limit Schedule. Mr. Clark said the schedule with the recommended revisions is per last week's briefing. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 7.Resolution 22-012 S. Barker Corridor Rate Studies—Jerremy Clark It was moved by Deputy Mayor Higgins and seconded to approve Resolution 22-012 adopting the South Barker Corridor Transportation Impact Fee Rate Study for Liberty Lake, the South Barker Corridor Transportation Impact Fee Rate Study for Spokane County, and the South Barker Corridor Impact Fee Cost Per Trip by Segment Analysis. Mr. Clark said the resolution is per discussion with Council at last week's briefing. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 8. Motion Consideration: Splashdown Contract Amendment—Cary Driskell It was moved by Deputy Mayor Higgins and seconded to approve the 2022 Amendment to the Lease Between the City of Spokane Valley and New Splash-Down Concessions, Inc., and authorize the City Manager to finalize and execute the same. City Attorney Driskell briefly went over the background of Splashdown and the proposed lease amendment. Mayor Haley invited public comment;no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Haley invited public comments. Ms. Barb Howard, Spokane Valley (via Zoom): spoke about property taxes and suggested when Council goes to Vancouver,that they talk to the Governor about this issue; said the state screwed us over' and that 'we are not rolling in dough;"said taxes come from levies and bonds and we don't get much; said she thinks it is not a good idea to shut off some of the lights; and said that the tax break for seniors won't be revisited until 2025. There were no other public comments. Mayor Haley called for a recess at 6:03 p.m.; she reconvened the meeting at 6:07 p.m. Council Meeting Minutes, Special: 06-14-2022 Page 4 of 6 Approved by Council: 06-28-2022 ADMINISTRATIVE REPORTS: 9. Code Text Amendment 001, Community Services Regulations — Lori Barlow, Erie Robison, Mike Basinger Senior Planner Barlow went through the PowerPoint explaining the proposed community services regulations amendments as well as reference to House Bill 1220, which resulted in our adopted interim regulations,which expire July 19,2022. Mr.Robison stated that since the Planning Commission,there have been some other suggested amendments, which are not in the packet; that the first is to authorize the City Manager to authorize temporary emergency shelter spaces in response to emergencies such as a cooling or warming center in response to such things as a fire,tornado or other event where people's health and safety are at risk, the City Manager could authorize temporary emergency shelters, which emergency would be good for 30 days but could be renewed; that these would not be on-going regular shelters, but for an immediate event; he also noted they are working to find potential operators for such emergency cooling and warming centers; he added that last year in the Spokane area, 168 people in the County passed away outside during severe inclement weather conditions so it was felt there is a need for short-term emergency shelters. The second proposed change,Mr.Robison explained deals with spacing requirements;the original code shows one mile between any uses,the Planning Commission recommends one-half mile between any uses, and Family Promise indicated they would like to have a community site that would classify as transitional housing,not a shelter,in the Broadway Elementary neighborhood as they serve a lot of families in that area and they would like the families to be close to the school. He noted NAOMI,another transitional housing provider just down the street and that a representative from NAOMI indicated they would like to be in this neighborhood but the regulations state they would have to be one-mile away. Mr. Robison noted there are problems with the spacing requirements as one doesn't always know where the transitional houses are and that they do not require any permitting,and he noted that transitional housing is very different from an emergency shelter as transitional housing often times includes families with children. There was lengthy Council discussion on the various suggested changes for when the proposed changes come before Council as a first ordinance reading. Concerning the emergency power of the City Manager, it was ultimately decided to go with City Attorney Driskell's suggestion after the thirty day period of emergency,that an extension be handled by a resolution to be approved by Council, declaring emergency conditions,and that the emergency resolution would state that as soon as the conditions are over,that would result in an end of the emergency and staff would bring Council another resolution declaring that the emergency has ended. Concerning spacing between transitional housing, which is more of a family neighborhood issue, it was determined to remove the spacing requirement. For the issue of transitional housing and parking regulations, in additional to the Planning Commission proposed criteria,Mr.Robison explained that the idea is to have a place where they are allowed and we can direct people there so they won't have to keep moving;that doing so gives us ability to contact them to work to get them into housing; that most models require background checks and to park there the establishment would have to apply and get approved; on-site services would be ideal; and ideally we would have a situation which would include on-site case management. Ms. Barlow added that as drafted, this would be for example, if a church were to propose to provide transitional parking, part of the review would be us looking at their parking requirements,so should this be proposed at any location where they have a required parking amount, they would not be able to `under park' themselves in order to provide this service; and every requirement for the other uses, whether it is emergency shelter or emergency housing, all of those same requirements apply to the transitional parking and they would have to go through the same process with the operations plan for review, and would have the same limits on the number of people. Ms. Barlow added that you couldn't get more than 20 adults in a non-residential zone, and as written, up to ten adults in residential zones, which is likely where most of our churches are located. Mr. Basinger stated that with the program that staff will be bringing forward,there will be steps to get into permanent housing; he feels our limitations are reasonable,the separations with the shelters would prevent anything like what is going on downtown, and with our transitional parking, you would never see anything like Camp Hope, that we would only allow 20 people and there are rules and regulations;and that is something that a service provider or a church would want to provide;he added that all the models staff has seen were churches;that churches Council Meeting Minutes, Special: 06-14-2022 Page 5 of 6 Approved by Council: 06-28-2022 can do what they want; but we want to have regulations in place; and that the goal is not just permanent housing, but how to get people into employment; and if these rules and regulations are not functioning as we would have hoped, we can always go back and make revisions. Ms. Barlow stated that the provider would have to provide a plan for waste management;that does not mean an RV must have a hook-up; and that staff would review the plan for approval. Mr. Hohman also clarified that these would not be city- initiated or owned facilities; they would be a service provider, or non-profit and they would make the proposals and come in for a permit. At 7 :00 p.m., it was moved by Deputy Mayor Higgins, seconded and unanimously agreed to extend the meeting for fifteen minutes. Mr. Robison further explained that the original uses in this code include emergency shelters, which is similar to a traditional shelter, up to only 20 people in certain zones, which would likely run year-around; and this additional amendment, in the event of an emergency like heating/cooling,for those; said he has been having conversations with Spokane Valley Partners who might use their basement for families and single women,and that the Dream Center who would either be a church with a lot of open space, they would use their space for men or couples; so once there is no longer an emergency,they would go back to whatever their regular operations were. To recap, Mr. Hohman said on the 30 days we would have the draft language referred to by Mr. DriskelI; that transitional housing would be removed from the spacing requirement,which leaves the question of spacing between uses and whether to use the Planning Commission's suggested half-mile, or a mile. Council confirmed they would like the mile between uses. Council confirmed there were no issues on the transitional parking. 10.Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS City Manager Hohrnan said that Spokane Indians President Chris Duff would like to present some additional information and talk about the specifics of the project, and he mentioned the idea of holding a special meeting either here at Council Chambers or at the stadium. Councilmembers were in agreement to hold such a special meeting at the Stadium. Mr.Holtman said it would likely be held later afternoon or early evening on a non-game day. Mr.Hohman noted the letter distributed to Council concerning a request for a support letter for STA's(Spokane Transit Authority)Argonne Station Park&Ride Project,to urge WSDOT to fund the construction of that project. There were no objections to Mayor Haley signing and sending the letter. Mr. Hohman also noted there have been some changes in our code enforcement officers and our new code enforcement officers are Mr.Chris Johnston,former community resource officer,and Mr. Tim Wirun, a former Geiger Correction Officer. And lastly, Mr. Hohman reminded everyone that next Monday City Hall will be closed in recognition of the new holiday,Juneteenth, and that the June 21 Council meeting has been cancelled as Councilmembers attend the Association of Washington Cities (AWC) Conference in Vancouver, Washington. It was moved by Deputy Mayor Higgins, seconded, and unanimously agreed to adjourn. The meeting adjourned at 7:05 p.m. ATTES Pam Haley,Mayor/S-C14/4-iristine Bainbridge, City Cler Council Meeting Minutes, Special: 06-14-2022 Page 6 or Approved by Council: 06-28-2022 SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, June 14, 2022 4:00 p.m. Special Meeting GENERAL PUBLIC COMMENT OPPORTUNITY 1 Citizens may only speak at one or the other, but not both General Public Comment Opportuniti;s THIS IS GENERAL PUBLIC COMMENT OPPORTUNITY 1 — THIS OCCURS EARLY IN THE AGENDA. SPEAKERS MAY SPEAK AT EITHER GENERAL PUBLIC COMMENT OPPORTUNITY 1 OR 2 — BUT NO BOTH. rc. YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES You may sign in to speak but it is not necessary,as the Mayor will afford the public the opportunity to speak. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT /CartiLo11-t 4.0\-/ 0 a440 cAJAN, 'J . /.1t-.t1A rll 2t= [h t" ! C51 f C e, ri 1 s r t•_)jn u r � ilk! 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