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2022, 07-26 Formal Meeting Minutes MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, July 26,2022 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 Holman, City Manager Rod Higgins, Deputy Mayor Erik Lamb,Deputy City manager Tim Hattenburg, Councilmember Chelsie Taylor,Finance Director Laura Padden, Councilmember Tony Beattie, Sr. Deputy City Attorney Brandi Peetz, Councilrnember John Bottelli, Parks,Rec&Facilities Dir. Ben Wick, Councilmember Bill Helbig, Community&Public Works Dir. Arne Woodard, Councilmember Gloria Mantz, City Engineer Adam Jackson,Planning/Grants Engineer Mike Basinger,Economic Development Dir. Christine Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole of the Living Hope Community Church gave the invocation. 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, APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wick: said he gave a presentation to the Good Roads meeting where they met to hear about different road preservation programs and highlighting the need for funds for preservation; said there was a good gathering to meet and greet the AWC(Association of Washington Cities)CEO a week or so ago; said he went to the sold-out CRAVE event; and mentioned planning for the upcoming FMSIB (Freight Mobility Strategic Investment Board)meeting. Councilmember Woodard: reported that he attended the Growth Management Steering Committee of Elected Officials where they worked through three of the topics,and said they got the professional/technical engineers involved and have started to streamline the 96 page document which will likely end up under 30 pages, and they expect to have a draft by October for review by the Board of County Commissioners. Councilrnember Hattenburg: said he attended the STA (Spokane Transit Authority) board meeting and workshop and that ridership continues to grow and that they received a$1.2 million grant toward the Park &Ride which will be built at Argonne; said their budget is in good shape;that the city-line will include art work; and that they hired 65 new employees. Councilmember Padden: said she has no report as the Chamber meeting is tomorrow. Councilmember Peetz: stated that she attended the County Mental Health Task Force and that the committee got some stakeholders locally to talk about some of the bigger topics associated with mental health, including accountability from insurance companies; went to the Washington Traffic Safety Commission meeting where they said their goal is for zero fatalities in our state; attended the AWC Legislative Priority Council Meeting Minutes,Formal: 07-26-2022 Page 1 of 7 Approved by Council: 08-09-2022 meeting where they discussed priorities for the state,such as the Blake decision,water rights,transportation funding, and other priorities. Deputy Mayor Higgins: no report MAYOR'S REPORT Mayor Haley said she too attended the STA workshop and board meeting; said sales taxes remain slightly above but are starting to fall; said she attended the CRAVE event; and that STA is still offering bonuses to new hires. PROCLAMATION: National Night Out After Mayor Haley read the proclamation for National Night Out, it was accepted with thanks from Ms. Venus Delcambre-Morris,Neighborhood Watch Coordinator. GENERAL PUBLIC COMMENT OPPORTUNITY [11: After Mayor Haley explained the process, she invited public comments. Mr. Tom Hormel, Spokane Valley: said his property backs up to the Appleway Trail and the weeds there are over seven feet tall; said it is a fire and safety hazard,there are also tree branches hanging so low you can't walk without having to duck; some of the businesses are paying to maintain that and they shouldn't have to. In response,Mr. Hohman said that staff is aware of the issues in this and several areas;that due to the heavy rainfall there is a heavy weed growth; that we have limited use of the Geiger Crews and are actively working to come up with service providers. Mr. John Harding, Spokane Valley: spoke of the Constitution and the Preamble and of government authority. NEW BUSINESS: 1. 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 July 26,2022,Request for Council Action Form: $704,799.16 b. Approval of Payroll for Pay Period ending July 15,2022: $ 473,689.01 c. Approval of Council Meeting Minutes of July 12, 2022, Regular Formal Meeting It was moved by Deputy Mayor Higgins,seconded and unanimously agreed to approve the Consent Agenda. 2. Second Reading Ordinance 22-010, Nuisance, Code Enforcement — Cary Driskell, Erik Lamb, Bill Helbig After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to approve Ordinance 22-010 as drafted adopting amendments related to junk and unlicensed vehicles, vehicle and vessel parking/storage, and camping nuisances. Mr. Lamb explained that tonight's proposed amendments are to address issues identified by Council;said staff and Council have gone through numerous iterations to get to this point tonight, and that any changes are Council policy choices and that Council decides whether or not to make these amendments; said we will still have existing code, and that staff as well as Council gets numerous complaints from citizens; he went over the proposed changes, which are shown in the draft ordinance in track-change format. Mr. Lamb also noted that the imposition of an application fee for a temporary use permit for RVs is not included in the ordinance as that can be addressed later when the next iteration of the Master Fee Schedule is before Council;he noted that one of the recitals states that in establishing a temporary use permit requirement for RV use associated with residential visitation up to 30 days, Council may impose an application fee of up to $25; but he explained that is not included as part of the ordinance, but can be discussed broadly so staff will have an idea of what figure to include when the Master Fee Schedule comes up on a future agenda. Council Meeting Minutes, Formal: 07-26-2022 Page 2 of 7 Approved by Council: 08-09-2022 Councihnember Padden brought up the topic of a chronic nuisance and what that entails, and Mr. Lamb said that is a separate ordinance and is different from the ordinance before Council tonight, but again, Council always has the option of expanding the chronic nuisance ordinance later if so desired.Mayor Haley invited public comment. Ms. Kari McCombs, Spokane Valley: said she knows this is more for health and safety issues, but as she has also seen various items thrown behind buildings, she is sure this also takes aesthetics into consideration and what those properties due to neighborhood property values. Mr.Dan Allison, Spokane Valley: said he knows rules and laws will last forever as once on the books,they don't go away; he suggested having a sunset clause of three years; said the `camping thing' bothers him and that a permit should be free. Mr. Tom Hormel, Spokane Valley: said the ordinance speaks to blocking the public right-of-way, but we are violating our own nuisance Iaws while trying to pass nuisance laws onto the public;said it is an integrity problem as weeds are rampant on the Trail; and suggested getting your own house in order first. Ms.Linda Penfield, Spokane Valley: said there is a chronic criminal nuisance property in her neighborhood at 15020 E Broadway Avenue, the first house west of Progress Elementary; said it is a chronic drug house and she has witnessed drug deals occur in the middle of the night;said she became the Neighborhood Watch Coordinator, and that she calls Crime Check when she sees drug activity; said she called 9-1-1 but police never came, even when she witnessed someone being smacked around. Ms. Nicole Ortega, Spokane Valley: asked about the proposed section 4b and if someone had a family member who stayed twice in a year; maybe if there were no other violations in six months they could be granted another 30-day permit. Mr. Chuck Simpson.,Spokane Valley: said he has never seen any nuisance property; said he wanted a new city because he and others wanted less government; said he talked to eight people last week and no one knew about these ordinances; said it looks like infringing upon property rights and suggested postponing this and having town hall meetings this fall to let people know that's going on as he feels 95%of the people don't know what's going on, Ms.Karen Gallion, Spokane Valley: she thanked Council for responding when she sends in an e-mail; said there could be other circumstances where more time then 30 days is needed, like during the birth of a child or when someone needs medical care; and she suggested more balance then 30 days every quarter. Mr,John Harding,Spokane Valley;said he is happy to see citizens here tonight;that he suggested enforcing the laws we have and if we do what the system is set up to do,we might not have a problem at all;just fix the system and find out why it's not working. Councilmember Woodard said that part of this is to fix things so the laws can be enforced; said we have to take are of those who are breaking the laws and we can't back off; said he doesn't believe nuisances will go away as Council has been trying to get nuisances handled; said this is not a complaint-driven issue and it doesn't mean this is neighbor against neighbor; said laws can go away and many of our ordinances have been revised or removed; said he is ready to pass this ordinance as the longer it is put off the longer police can't come take care of some of these issues discussed tonight. Councilmember Peetz said she has also dealt with some of these nuisance properties personally; that Council gets a lot of complaints and many times Council hears from people who don't attend meetings; said she feels a temporary use permit should not have a cost and perhaps the 30 days in a year is also something to discuss. Councilmember Wick said he feels the evolution on this has been good and he hopes to address those dumping waste from RVs but he Council Meeting Minutes, Formal: 07-26-2022 Page 3 of 7 Approved by Council: 08-09-2022 thinks it went too far in the number of operable vehicles as he doesn't see that is causing a health and safety issue. It was then moved by Councilmember Wick and seconded to strike section 7.05.040(0) entirely. He read that portion so the public would be aware of which section he was referencing. Mayor Haley said Council was considering this in order to have nuisance problems enforced; said it is not a problem until you live next door to a nuisance property; said Council wants to give Code Enforcement the ability to enforce things, and that it is not taking anything away, but that this is about people taking advantage of doing everything they can do and not account for it; said Council has to do something. There was further discussion about the number of vehicles with Couneilmember Padden suggesting changing that to two vessels but it would not be a violation unless it includes another nuisance incident. Councilmember Peetz suggested instead of focusing on the number of vehicles,to perhaps focus on certain criteria. Mr. Lamb said staff could change the unlicensed vehicles to perhaps look at those with broken windows, or make it a violation only in connection with other violations; but said it could be challenging to look at specific characters of a vehicle to determine why is one junk and not the other vehicle. Mayor Haley invited public comment on the amendment. Mr. Tom Hormel said a definition of RV is not included and he agrees with striking the entire thing. Ms. Nicole Ortega also agrees with striking that section; said drug dealers won't own five vehicles.Mr.Dan Allison spoke in generalities of his opposition to the proposed ordinance.Ms. Kari McCombs had questions about the number of vehicles in a duplex. Couneilmember Woodard said rules are made to solve problems and you have to have some flexibility when it comes to enforcement as a code enforcement officer will see from looking at the property whether it is or is not a nuisance problem; said we have many problem properties; said these rules are reasonable and that be has no problem in dropping that section if it means getting out of here tonight. Vote by acclamation and show of hands on the proposed amendment: in favor.' Councilmembers Wick, Hattenburg, Padden and Peetz. Opposed: Mayor Haley, Deputy Mayor Higgins and Councilmember Woodard. Motion passed to strike section 7.05.040(0). Councilmember Padden moved to amend the motion to postpone this and have staff come back,considering the definition of RV, and she started to explain her rationale for the motion, and said that she liked her idea of giving a hook for the number of vehicles but to have them show there are other nuisances, that it is a problem place and not just a law abiding citizen who just someone has two boats; and said she would like them to come back with some kind of language on that; and said she didn't know how to phrase all that. Mr. Lamb said there is a definition of recreational vehicle in our Code, as it is contained in the Appendix definition section, and Director Helbig read the definition. Mr. Hohman said it almost sounds like Councilmember Padden is trying to amend the section that was just removed. Councilmember Padden said yes, but she wanted them to bring back something that was amended but was similar but had the additional nuisance. In seeking clarity,Mr.Hohman said that Councilmember Padden would like the provisions back in the code but with the threshold, and Councilmember Padden agreed. Deputy Mayor Higgins said that at some point Council can try to tie this down so no one moves anywhere; but now with our new Code Enforcement Officers,we believe these officers will enforce the code and suggested we give them a chance and a chance to use some discretion, and leave some room so they can make a decision; and he suggested we go back to the drawing board. It was moved by Councilmember Padden and seconded to postpone the second reading. In response to a question from Mayor Haley, City Clerk Bainbridge said that when this ordinance comes back again, that Council Meeting Minutes,Formal: 07-26-2022 Page 4 of 7 Approved by Council: 08-09-2022 section `0' will show it as being stricken. Vote by acclamation and show of hands, in favor: unanimous. Opposed: none. Motion carried Mr. Hohman asked for further discussion as he is not sure what to bring back; and also about Councihember Padden's idea of bringing back section 0 but with some type of linkage to some other code enforcement issue,and asked if there is a consensus for that,or to keep section 0 out.Councilmember Wick said he didn't want that section in there and is not sure anything would be gained by linking it to another code enforcement issue.Mr.Hohman added that many of the issues in this particular section were based on the many complaints Council has been receiving over the years; about people have a dozen or more vehicles on what should be a front lawn; for example, there is a neighborhood which is very consistently well maintained and then there is one house with 10+cars on the front lawn and that is what Council has been trying to address; and the other issue is the number of RVs; you could have three or four and there are people living in those and that issue was brought up to try to have staff enforce so many different issues happening on that property, from camping to storage, commercial uses and other things in a residential zone; so staff just needs some clarity. Deputy Mayor Higgins agreed with Mr. Hohman's assessment of what Councilmember Padden was trying to address. Councilmember Peetz said he agrees with staff coming back with more suggestions based on some of the comments made tonight; and said she personally does not want to see a cost associated with a temporary use permit; or maybe start with the idea of having a temporary use permit once quarterly and see how that works;and if we were to bring back section 0,maybe just upping the totals a little more to make it enforceable; said she would feel more comfortable putting it back in if we upped it a little. Councilmember Hattenburg said he also feels there should be no cost for the temporary use permit. In regard to re-inserting section 0, Councilmember Wick said there is a section for the total number of operable vehicles, the exception for more than five licensed drivers, but it appears that section is not there for boats or RVs, so if there is a duplex and both sides have a boat, who gets the one boat?Mr. Hohman said staff will look at that as well.Finally,Mr.Hohman said that if 0 remains out so there is no limit on the number of RVs,would Council like a limit on the number of temporary use permits allowed on each lot. Councilmember Woodard stated that a temporary use permit would not have stopped the fire tonight on University and 14tt;and the individuals in that RV got out safely because a neighbor knocked on their door and alerted them to the fire; said from appearances it was one of many vehicles in behind on a duplex lot, and the fire took out the pine tree; said they are not meant to be lived in that way; and suggested Council think about this more;that people are renting out their RV for someone to live in and they are not meant to be lived in for that duration. Deputy Mayor Higgins suggested staff some back with more on the chronic nuisance ordinance as it seems to him that the criteria of four criminal offenses might be excessive. Mr. Hohman asked Council how many thirty day periods they would like;there was ultimate consensus to have two. 3.Motion Consideration:Potential Grant Opportunity,Transportation Improvement Board—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager or designee to apply for TIB Grants for the projects identified in Table 1. [Those projects include for the UAP: 1. Broadway& Park Concrete Intersection; 2. Barker Roundabouts at 4th& 8th Ave; 3.Pines Road/BNSF GSP; and for the ATP Program,the 8th Avenue Bike& Sidewalk Improvement Project,Fancher to Park.] After Mr. Jackson gave a brief synopsis of the proposed projects, Mayor Haley invited public comment.No comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Motion Consideration: Potential Grant Opportunity Railroad Crossing Elimination Program Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager or designee to apply for the RCE grant for the Pines Road/BNSF Grade Separation Project. Mr. Jackson said this references an announced call for projects for the Railroad Crossing Elimination Grant Program. Mayor Haley invited Council Meeting Minutes,Formal: 07-26-2022 Page 5 of 7 Approved by Council: 08-09-2022 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. Karen Gallion, Spokane Valley: said she previously lived in the Edgecliff neighborhood and several years ago SCOPE received a Weed& Seed Grant and got a dumpster and cleaned up that area; said maybe there are grants that we can hand people, some kind of voucher,to get those areas cleaned up. There were no other public comments. ADMINISTRATIVE REPORTS: 5. Midilome Neighborhood Swales—Gloria Mantz. City Engineer Mantz explained that the Midilome First Addition drainage design was platted in 1979 and that over the Iast 40 years, swale elevation has become higher than dipped driveways due to accumulated sediment, high unmaintained sod, tree root-balls and other vegetation and settlement of some driveways. Also, prior to 2019, she explained, the pavement had many cracks that infiltrated some of the stormwater. She mentioned that according to the plat language, the owner of each lot shall be held responsible for the maintenance of the swale and that neither Spokane County nor Spokane Valley accepts responsibility of maintaining the drainage course nor for any damage whatsoever; she also explained that this neighborhood was selected as a reconstruction project using streetwear fee funds, as there was significant cracking and settlement and the stormwater was infiltrating through pavement cracks and not reaching drainage swales. Ms. Mantz noted that since incorporation,numerous homeowners have complained regarding the designed `dipped' driveway approach and front yard drainage swales;however per plat language,the property owner has the responsibility to maintain the swales, which includes removing accumulated sediment, and cutting down the sod as well as potentially removing other landscape to provide positive drainage towards the swale. Mayor Haley called for a recess at 8:05 p.m.; she reconvened the meeting at 8:15 p.m. 6. Law Enforcement Contract—Erik Lamb, Morgan Koudelka Mr.Lamb stated that as part of the renewal discussion,staff wants to talk about the law enforcement services and the actual agreement; said the current agreement is a five-year agreement that started in 2018, so we are in the final year,and that Council needs to decide whether or not to renew the agreement;and if Council wants to renew the agreement,are there amendments and if so,we should start talking with the County now in order to come to agreement before the end of this year. Mr. Lamb noted that concerning staffing,there has been significant growth to our City but the number of staff and dedicated officers are mostly the same, although we did recently add four officers; and said he feels staffing discussions should be independent discussions but run parallel with the agreement renewal; mostly he noted, Council needs to determine whether or not to renew, and if Council wants to renew, what levels of police service does Council want. Mr. Lamb then went over some of the data contained in the charts on slide 3.Moving to slide 7 suggestions, CounciImember Wick suggested having more clarification on the positions to include those in training,and Councilmember Woodard asked about options on reserve officers,or partial commissions as we don't need a commissioned officer to handle some of the duties for example associated with report writing or data gathering. Mr. Lamb asked if there were any Council comments on slide 8, and there were none. Moving to slide 9, Mr. Lamb said civilian staff is not discussed in the contract but we know they are critical for police services and there were no objections to the suggestions listed on that slide. Mr.Lamb also noted that staff is working more toward a system of directly purchasing equipment, like the cameras and speed trailer recently purchased where we just make the purchase.Mr. Lamb again stated that staff is not looking for a final decision tonight on these items or the renewal,but more looking for direction and if Council is comfortable with staff starting discussions with the County; including the reserve and partial commission officers discussion, and then come back to Council for further discussions. Council Meeting Minutes,Formal: 07-26-2022 Page 6 of 7 Approved by Council: 08-09-2022 Councilmember Peetz mentioned she would like to see an education piece in the contract as the County has a Public Information Officer to share information with and educate the public,for example on the resources it takes for public safety. There was Council consensus that staff begin negotiations with the County. 7.Advance Agenda—Mayor Haley There were no suggested changes to the Advance Agenda. 8. Department Monthly Reports These reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS: City Manager Hohman reminded everyone that tomorrow is the State of the City address,which is sold out; said next Tuesday night is National Night Out so there is no Council meeting August 2,and the next meeting will be August 9. He also noted that SRTC (Spokane Regional Transportation Council) awarded us some cash awards for some of our projects, including$1.3 million for the Argonne 1-90 Bridge, $1.1 million for the Barker Road Appleway to Sprague project, $6.4 million for the Pines GSP, and $1.4 million for the Sullivan Trent Interchange project, so all total about$10.2 million for this cycle. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:54 p.m. AT T 1 c ti►"11/ Pam Haley,Mayor Christine Bainbridge, City Clerk . Council Meeting Minutes,Formal: 07-26-2022 Page 7 of 7 Approved by Council: 08-09-2022 SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, July 26, 2022 6:00 p.m. Regular Meeting GENERAL PUBLIC COMMENT OPPORTUNITY Citizens may only speak at one or the other, but not both General Public Comment Opportunities. THIS IS GENERAL PUBLIC COMMENT OPPORTUNITY 2 - THIS OCCURS LATER IN THE AGENDA. SPEAKERS MAY SPEAK AT EITHER GENERAL PUBLIC COMMENT OPPORTUNITY 1 OR 2 - BUT NOT BOTH. 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 ti ,/LlSO,'4d ,340,/,(/ -/t/Ce S,oc c � U 92 dAuletiet, Lae, \ritttiti 0-A1 ylkcitac_. 6pokairte Va Please note that once information is entered on this form, it becomes a public record subject to public disclosure. SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, July 2,02,022 6:00 p.m. Regular Meeting GENERAL PUBLIC COMMENT OPPORTUNITY Citizens may only speak at one or the other, but not both General Public Comment Opportunities, 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 NOT BOTH. 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 gc, )p0-€. 171-14L L-2-4 ()a/7,/e7 Please note that once information is entered on this form, it becomes a public record subject to public disclosure.