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2023, 04-18 study session MINUTES City of Spokane Valley City Council Study Session, Special Meeting Tuesday,April 18, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in the Great Room at CenterPlace, 2426 N Discovery Place, Spokane Valley, 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 Tom Hattenburg, Councilmember Bill Helbig, Community &Public Works Dir. Brandi Peetz, Councilmember Dave Ellis, Police Chief Laura Padden, Councilmember Gloria Mantz, City Engineer Ben Wick, Councilmember Morgan Koudelka, Sr.Administrative Analyst Arne Woodard, Councilmember Mike Basinger,Eeo.Development Director Jenny Nickerson, Building Official John Whitehead,Human Resources Manager Emily Estes-Cross, Public Information Officer Virginia Clough,Legislative Policy Coordinator Chad KnodeI,IT Manager Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Higgins, seconded, and unanimously agreed to approve the agenda. GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Ms. Barbara Howard, Spokane Valley (via zoom): spoke about an ongoing issue she has with Crime Check where they ask people to call back, said the citizens pay for all the services, and that she feels it is time for our own department. Mr. John Wilson, Spokane Valley: talked about junk and inoperable vehicles that he sees scattering the landscape or stored in front of driveways;gave the City Clerk copies of an ordinance from the City of Bellevue, which she distributed to Councilmembers; said among other regulations, Bellevue requires an inoperable vehicle to be sight-screened from public view; and said he hopes Council will look at that ordinance and maybe take some action. ACTION ITEM: 1. Resolution 23-006 Repealing and Replacing Governance Manual to Temporarily Change Regular Council Meeting Location—Erik Lamb It was moved by Deputy Mayor Higgins and seconded to waive the rules and adopt Resolution 23-006 repealing and replacing the Governance Manual to temporarily relocate regular Council meetings to CenterPlace Regional Event Center, 2426 N Discovery Place, Spokane Valley, Washington. Deputy City Manager Lamb explained that we are required by state law to identify our regular meetings, and that this change only changes the meeting place,or reference to the Council Chambers meeting place,to CenterPlace as the current meeting place noted in the Governance Manual, is Council Chambers. Mr. Lamb said that normally proposed changes go before the Governance Manual Committee, but as the Chambers are currently under construction, staff are asking Council to waive that regulation. He also noted that this change will save significant staff time involved with setting special meetings each week. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. Council Meeting Minutes,Study Session:04-18-2023 Page 1 of 3 Approved by Council:05-09-2023 NON-ACTION ITEMS: 2.Police Staffing Assessment Update—Erik Lamb, Chief Ellis,Morgan Koudelka Deputy City Manager Lamb introduced members of the Matrix Consulting Group Mr. Richard Brady, President,zooming in for tonight's meeting,and Ms.KeIli Sheffer,in person, Support Functions Manager. Mr. Lamb stated that tonight is an opportunity to discuss where we are in the law enforcement assessment; that last year we approved a five-year renewal for our law enforcement agreement,and that part of that was identifying a need for a staffing assessment to determine the appropriate number of officers.Mr.Brady then went through his PowerPoint explaining his company's approach; that they use extensive input and data analytics to create appropriate and achievable implementation strategies; he went over the study's objectives and gave an overview of the study's process and of what it will include as part of their staffing analysis; he noted the final draft report will be completed in late May and will be revised with City staff before being finalized. There was discussion concerning relationships between staff levels and workloads; patrol officers and the need to balance workloads; caseload work standards; tier status; cost comparisons; crime statistics and overall crime. Council thanked staff, Mr. Brady and Ms. Sheffer for their presentation. 3. Massage Business Ordinance—Erik Lamb Deputy City Manager Lamb explained that he and Sgt. Johnson will be discussing this agenda item and the next as one item together since the issues are connected. Mr. Lamb said staff is proposing adding a new section to chapter 8.20 SVMC to adopt by reference, state law provisions related to the unlicensed practice of professional services; and to also amend chapter 5.05 SVMC which will clarify the procedure to revoke business licenses generally. Spokane County Deputy Sheriff Sgt. Johnson added that the city is experiencing an influx of illegal massage parlors and without the necessary regulations,these are difficult to combat; said the illegal establishments are typically run by Chinese people with a different culture and who are of a very tight-knit group; said there have been many failed investigations throughout the country, adding that many of these investigations include human trafficking, which usually requires some kind of cooperation by the victim, but which doesn't often happen; he said investigations take a while and the licensing process usually takes too long and the managers of those businesses are not interested in waiting; he said human trafficking is about money, and an updated ordinance will help law enforcement to quickly deal with these situations; said we want them shut down and if we are successful,hopefully the County and Spokane City will follow suit. Mr. Lamb further stated that we are looking at a two-prong approach to this issue: adopt state criminal law provisions and make it a violation to conduct a business without a license. After brief discussion, Council concurred to bring this and the next item, forward for an ordinance first reading. 4. Business Licensing—Erik Lamb See discussion on item#3 above. 5. Potential and Pending Projects—Chelsie Taylor,John Hohman Finance Director Taylor explained that tonight's discussion will focus more on the next layer of general fund excess fund balance to be transferred into the capital reserve 312 fund, which will be included in the upcoming 2023 budget amendment; that this transfer will consist of the 2021 fund balance in the general fund that is in excess of our minimum fund balance policy of 50%of recurring expenditures; that the 2023 transfer will be about$5.4 million;she went over some of the figures on the allocation worksheet,and after the shown adjustments,that there is approximately $4.4 million available to be allocated by Council; that the worksheet shows some potential allocations for Council discussion, such as City Hall repairs, the recently acquired facility on Balfour park for property repairs and equipment, and Greenacres Park City match of$500,000. Concerning the acquired facility on Balfour park, Mr. Hohman explained we know it needs a new roof and interior finishes need to be updated; and we have contracted with a construction management firm that helped with the White Elephant, and those costs will be brought forward later; he added that we have not yet received Garco's City Hall repair cost estimates for phase 1 and 2 and hope to know more soon, adding that those will also be discussed more at the June budget workshop. Council had the following suggestions: put some funds aside for the Sullivan Bridge; cameras in parks and on trails; funds to address density issues associated with legislation 1110; the take-out at Sullivan for the Council Meeting Minutes,Study Session:04-18-2023 Page 2 of 3 Approved by Council:05-09-2023 River; and food festival sponsored courts. Concerning the cameras, Mr. Hohman said he met with the Sheriff's Office to discuss what the County is doing and they generated another list of'hot spots' in parks where cameras are needed, so we can put in a placeholder for that. Councilmember Padden suggested adding a report on the status of the River Loop Trail and Mr. Hohman said we can give a future update on that issue,hopefully within the next several weeks. Councilmember Hattenburg said he wants to make sure there are enough funds to take care of the City Hall repairs; and Mayor Haley said that needs to be the priority.Councilmember Wick mentioned development around the HUB and perhaps we could discuss that later.Mr. Hohman said perhaps that could be integrated into the tourism study. 6. Legislative D.C. Trip Update—Virginia Clough Ms. Clough gave a presentation/update on the recent trip to Washington, D.C., and of the six prominent meetings they held there, as outlined in the Request for Council Action form. 7.Advance Agenda—Mayor Haley With Council concurrence, it was decided to add an upcoming discussion of ADU (accessory dwelling units) based on recent/pending legislation, a report from SNAP of what they do and the impact on the community, and the issue of abandoned vehicles, parking in rights-of-way,recreational vehicles, etc. COUNCIL COMMENTS There were no additional Council comments. CITY MANAGER COMMENTS City Manager Hohman talked about today's Barker Road ribbon cutting and expressed appreciation to the public for their patience; said the project is substantially complete and the fencing has been installed. Mr. Hohman also gave a brief update on some of the recent state legislation, such as the passing of House Bill 1337 concerning accessory dwelling units,or ADU,which has now been sent for the Governor's signature; said that the bill allows for two attached ADUs per lot and that it is not required that the owner of a lot reside in or occupy the ADU; said that off-street parking will also be impacted; mentioned the Blake Bill and said that he is unsure how it will come together, adding that the session is projected to end Sunday; he mentioned vehicle pursuits, and the condo and middle housing bills. Mr. Hohman also referenced a copy of a draft letter distributed at the Council dais,to state legislators regarding SB 5536 dealing with controlled substances. After Councilmembers took a few minutes to read the letter,there was no objection in having the Mayor sign the letter and having it forwarded on to the legislators. Deputy City Manager Lamb then gave a brief update on the regional homeless collaboration; that cities such as Airway Heights, Cheney, Millwood, and Liberty Lake are also being asked to participate; said a consultant who had worked with the City of Houston will be in town next Monday for a community discussion; he said more details will follow. Concerning the jail, Mr. Lamb said the Board of County Commissioners elected to put the issue of funding a new community correction center,to a ballot measure; said there have been significant issues with the current facility which is very old and can only accommodate about 800 beds a night. EXECUTIVE SESSION: [RCW 42.30.110(1)(b) and (l)(i)] Potential Acquisition of Real Estate; Potential Litigation It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn into executive session for approximately 30 minutes to discuss potential acquisition of real estate, and potential litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:45 p.m. At 8:05 p.m.,Mayor Haley declared Council out of executive session as which time it was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. • ✓Christine Bainbridge, City let Pam Haley,Mayo' Council Meeting Minutes,Study Session:04-18-2023 Page 3 of 3 Approved by Council:05-09-2023 PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, April 18, 2023 6:00 P.m. GENERAL PUBLIC COMMENT OPPORTUNITY THIS IS FOR GENERAL PUBLIC COMMENTS 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 141 L'kji '-411 e)1,9f0He e M1,6 Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Home I/)/ C Government f/city-government)/ Departments(/city_ government/departments)./ Development Services(/city government/departments/develo ent)/ Codes and Guidelines city_ government/departments/development/codes-and=guidelines)./ Code Compliance ci government/departments/development/codes-and-ouidelines/code-compliance)/ Storage of Inoperable Vehicles Storage of Inoperable Vehicles The City of Bellevue regulates the storage of inoperable motor vehicles.inoperable motor vehicles and vehicles in various states of disrepair on residential neighborhoods must be stored in one of the following ways: • In a vented garage • In a carport(if open-sided,the vehicle must be screened from neighboring property and the public right of way) • In a side or rear yard in compliance with setback requirements,which are typically five feet from the property line(the vehicle must be screened from neighboring property and the right of way) STREET Required ' Landscaping 2 w >- Front Yard I O Private t• w =4 Residence • w r Carport 7, IQurniv j5' NQP Vl=.II INigla®®i.. t,.I L 1i�o J 2 , Side yard \ Fully screened setbacks 1 }In a carport or vented garage - . In a side yard or rear yard if in 2 compliance with setback requirements applicable to accessory structures_ (5'typ) Locations for Inoperable Vehicle Storage (figure 1) What about my right to store my inoperable vehicle on my property? The City Council has determined that the concern for protecting the aesthetics,integrity,vitality and property values in residential neighborhoods outweighs the interest of those desiring to store inoperable motor vehicles on residential properties unless they are properly screened. Screening Inoperable motor vehicles must be screened from neighboring property and the public right of way by a legally permitted solid structure or fence or by dense landscaping at least six feet in height. Screening may consist of: • A solid board fence,at least six feet in height • A legally permitted solid structure 1/4 • Dense landscaping,at least six feet in height INOPERABLE VEHICLE " '1I11,fRIIIIIMfill - i * : Ii1III111� CO Solid Board Fencing Site Screening i 1 ' ` INOPERABLE ! \. VEHICLE = `. -� ua IHIii11JiJ1IHiJ1i9 i, iftJIJIIt I110 `M1iMi £1T E 1ij ii[1;.111 i 1'1. ` .ter Fence Optional -_ Site Screening F . Sight- Obscuring N. Landscape 1 INOPERABLE '' c 1 VEHICLE ''''.? iL .. � IllfIIIIII1IIII'l1111111111lll 43 rp'�� / 1, L Solid Board Fencing /--___Does not meet 6` Minimum the Screening Requirement Screening and Slopes (figure 2) Permitted Solid Structures Possible structures may include a garage,house,shed,playhouse,solid walls of a carport or a guest house.Legally permitted refers to structures which meet all applicable city codes. What if I am making repairs on my vehicle and can't move it right away? Open or unscreened storage of an inoperable motor vehicle is permitted for a seven-day period while the vehicle is under repair or awaiting repair. What type of plant materials are acceptable for screening? The following Is a list of suggested plants,which,according to Sunset's Western Garden Book,are well-foliaged from the ground up and can provide a dense screen.This list is only a suggestion for suitable plants;other plants may be used if they provide the appropriate end result.Remember that plant spacing,height at time of planting,and ongoing care and maintenance are necessary considerations 2/4 when determining if the required screening is provided.Where available,both the common and Latin names are provided. • Berberis(several types) • Carpinus betulus(European hornbeam) • Crataegus monogyna(Hawthorne) • Liquidambar styraciflua(American sweet gum) • Lonicera(several types) • Thamnus frangula"Columnaris"(Tall buckthorn) • Bamboo(several types) • Calocedrus decurrens(Incense cedar) • Damellia japonica • Camellia sasanqua • Chamaechparis lawsoniana(False cypress) • Cupressocyparis leylandil • Escallonia • Euonymus kiautschovica Ilex(some)(Holly) • itea ilicifolia(Holly-leaf sweetspire) • Juniperus(columnar types)(Juniper) • Mahonia aquifolium(Oregon grape) • Myrica californica(Pacific wax myrtle) • Osmanthus heterophyllus(Holly-leaf osmanthus)Photinia • Platycladus orientalis(Oriental arborvitae) • Podocarpus(some) • Prunus laurocerasus(English laurel) • Pseudotsuga menziesii(Douglas fir) • Pyracantha(Firethorn) • Rhamnus alaternus(Italian buckthorn)Sequoia sempervirens(Coast redwood)Taxus(Yew) • Teucrium(Germander) • Thuja(Arborvitae) • Tsuga Canadensis(Canada hemlock) • Tsuga heterophylla(Western hemlock) • Umbellularia californica I would like to convert my carport to an enclosed garage to store my inoperable motor vehicle. Are building permits required? Yes.You can apply for a building permit online at MyBuildingEerrnit(baps://mybuildingpermit.com/),Contact Permit Processing (mailto:permits@bellevuewa.gov)for information and assistance.Hours are 8 a.m.to 4 p.m.,Monday through Friday(Wednesdays,10- 4). I would like to build a fence around my vehicle. Are there any height restrictions I should be aware of? Yes.Learn more about fences(/city_government/departments/development/zoning-and-land-use(zoning-r=ec uirements/fences/). I have a large residential lot. Can I charge to store other inoperable motor vehicles? No.Parking or storage of inoperable motor vehicles for compensation is not permitted within a residential land use district. Aside from a flat tire, my motor vehicle is operable. Do I need to screen it? No.You need to repair the tire in order to operate your motor vehicle legally on the public roads and contact the Code Compliance officer to demonstrate that your vehicle is now operable. I've repaired my motor vehicle to make it operable and legal to drive on public roads. I don't plan to actually drive it on public roads at this time. Do I need a current license? No.Motor vehicles are not required to be currently licensed to be legally stored on your property. I received a letter from the city regarding an apparently inoperable motor vehicle on my property. The vehicle does operate although I'm not using it currently. What should I do? Contact the Code Compliance officer upon receiving notification so you may demonstrate that your vehicle is operable. What is the ordinance number of this regulation? Ordinance No.4654,which regulates the storage of inoperable motor vehicles,was adopted by the Bellevue City Council on June 6, 1994,as Section 20.20.470 of the Bellevue Land Use Code. 3/4 My neighbor has an inoperable motor vehicle that I don't think is legal. What can I do? To file a complaint about an inoperable motor vehicle,call Code Compliance at 425-452-2047 or use the IA"Bellevue .(h_ ps://believuewa gov/cifyrgovemment/departments/finance/mybellevue/customer-assistance)portal online. I don't understand some of the terms used. Please define them. • Vehicle-A motorized conveyance that includes, but is not limited to an automobile,car,motorcycle,small watercraft,jet ski or snowmobile in operable condition. • Inoperable Motor Vehicle-A motor vehicle which is apparently inoperable or which requires repairs in order to be operated legally on the public roads,such as repair or replacement of a window,mirror,windshield,wheel,tire,motor or transmission. • Neighboring Property-All abutting properties. • Public Right of Way-All public streets and property dedicated to public use for streets,together with public property reserved for public utilities,transmission lines and extensions,walkways,sidewalks,bikeways or equestrian trails. • Type 1 Landscaping-intended to provide a very dense sight barrier to significantly separate uses.Planting of rows of trees and/or shrubs at least six feet in height. This information is intended to provide guidance in applying certain regulations and is for informational use only.It is not a substitute for the Bellevue City Code. Contact 450 110th Ave NE P.O.Box 90012 Bellevue;WA 98009 Telephone 425-452-2047(te1:425.452-2047) Email codecompliance@bellevuewa.gov(mailto:codecom•lianceCi bellevuewa.gov) Business Hours 8 a.m.to 4 p.m.,weekdays 4,4 - 3 Update To Be Provided During Tonight's City Manager's Comments DRAFT SB 5536 Mayor's Letter: Hello State Legislators, As local governments, public safety is our number one job, and we are asking for help from the state Legislature to restore tough boundaries, maintain local control, and protect our communities. We, the undersigned mayors, have become increasingly concerned with the changes made by the House to SB 5536.The changes represent a step back in accountability and make it more difficult for local governments to keep our communities safe. We recognize substance use disorder is a medical issue and that substance use disorder treatment and services are necessary.'We appreciate that the Legislature has taken-action to approve crisis response facilities and has allocated funding to construct those facilities to ensure that treatment and services are available, However, even with available facilities, substance use disorder impairs individual decision- making ability which prevents many from entering necessary treatment and services without being adequately compelled. Given that, any final version of SB 5536 needs to ensure that the final bill enacted encourages individuals to obtain necessary treatment, holds individuals accountable, and directs the court to implement a mandatory penalty that is often necessary for the individual to enter and complete treatment. We are supportive of the Senate's proposal to make possession of controlled substances punishable as a gross misdemeanor and for the additional statutory guidance to the judiciary on appropriate sentencing levels. However, there are specific issues within the House-approved version of SB 5536 that are gravely concerning to local cities who are accountable for and must deal with the local impacts associate with drug use. • We are concerned that the version passed out of the House lacks adequate accountability to compel an individual to seek and complete the services they need. Though We recognize substance use disorder is categorized as a medical issue,and that treatment services are necessary. However, someone that suffers from substance use disorder does not have the right to victimize the community. Tile state must recognize that substance use disorder impairs individual decision-making ability and has substantial impact on the individual and the community they live in and that individual requires incentives, which often includes being compelled, to seek help_The law that ultimately gets passed out of the legislature needs to contain tougher guardrails so that individuals enter and complete the necessary treatment and services. We are urging that the legislature retain the mandatory minimums and gross misdemeanor penalty in the Senate version for final passage of the bill. • We are also concerned with the addition to the legislation language that restricts the ability of local jurisdictions to regulate the public use of drugs. The House insertion into the Senate bill will preempt local laws passed or being considered by many cities across the state.The public use of drugs presents an immediate and prolonged health and safety risk to our local public from the discarded paraphernalia, effects of the drug on the user, and potential contact with the substance by law abiding people. For these reasons cities ought to have the power to address this dangerous situation in a manner that is best to protect their e-ie+4sfamilies,visitors, workforce, businesses, and others in their community. We are concerned that current local laws that have proven to be effective at addressing these impacts will be replaced with a state law that will fail to address the local issues. Public use is different than simple possession for these reasons and should be treated as such. Our citizens communities are tired of the rampant drug use and the resulting violence, vandalism, and crimes that typically accompany substance abuse. We hear about it every single day. Decriminalizing drugs and taking away necessary accountability has sent the wrong message to the small percentage of criminal element that is negatively impacting the overwhelming majority of law-abiding citizens individuals in our communities. Our families, businesses, and individuals deserve to live in a community where they feel safe and you can help us get there. Please address the measures outlined above so that we can stand in partnership in the safety of our communities. Regards, (Mayor's Signatures)