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2024, 04-16 study sessionMINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, April 16, 2024 Mayor Haley called the meeting to order at 6:00 p.m. The meeting was held in person in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Pam Haley, Councilmember Rod Higgins, Councilmember Tim Hattenburg, Councilmember Laura Padden, Councilmember Al Merkel, Councilmember Ben Wick, Councilmember Jessica Yaeger, Councilmember Staff John Hohman, City Manager Erik Lamb, Deputy City Manager Chelsie Taylor, Finance Director Gloria Mantz, City Services Administrator Kelly Konkright, City Attorney Bill Helbig, Community & PW Director Jill Smith, Communications Manager Tony Beattie, Sr. Deputy City Attorney Dave Ellis, Police Chief Mike Basinger, Economic Dev. Director John Bottelli, Parks & Ree Director John Whitehead, HR Director Erica Amsden, CIP Engineering Manager Adam Jackson, Engineering Manager Chaz Bates, Planning Manager Deanna Horton, Administrative Assistant Levi Basinger, Associate Planner Nikki Kole, IT Specialist Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roil; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to approve the agenda. PROCLAMATION: GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comment. Mr. Mike Dolan, Spokane Valley: spoke about parks and the Sprague Ave stormwater project. Mr. Kent Ma.. e,Spokane Valley: spoke about the Sprague Ave stortnwater project. Ms. Kendra Dinning, Spokane Valley: spoke about SCRAPS and that they are failing the citizens in our area. Ms. Mary Pollard, Spokane Valley: thanked city staff and then spoke about the investigation regarding Councilmember Merkel, Mr, Matthew Welding,Libeqy Lake: spoke in favor of the Barker/Appleway project as he feels Barker is too narrow for the current growth and believes this project will help with the traffic in that area. ACTION ITEM: 1. first Read: Ordinance 24-006: Yellowstone Franchise — Tony Beattie Erica Amsden After City Clerk Patterson read the Ordinance title, it was moved by Deputy Mayor Hattenburg and seconded to waive the rules and approve Ordinance 24-006 amending the Yellowstone Pipe Line Company franchise. Mr. Beattie provided details regarding the need for the franchise agreement. This agreement will allow Yellowstone to make necessary changes to the pipeline location within the Pines Grade Separation Project. Mayor Haley called for public comment; no comments we offered. Councilmember Merkel questioned the Council Meeting Minutes, Study Session: 04-16-2024 Page 1 of 4 Approved by Council: 05-14-24 need to waive the rules. Ms. Arnsden stated that Yellowstone was ready to start the project and it would keep the project moving forward. Vote by acclamation: in favor: unanimous. Opposed.- none. Motion carried. 2. Motion Consideration: Pines GSP/Yellowstone Contract — Erica Amsden It was moved by Deputy Mayor Hattenburg and seconded to allow the City Manager to finalize and execute the Phillips 66/Yellowstone Pipeline construction reimbursement agreement in the amount of $1,331,304, Ms. Amsden provided background details on the project and stated that Yellowstone was ready to begin work as soon as the contract was in place. Councilmember Merkel questioned why the city was paying for the relocation of the utility. Ms. Amsden stated that they have the rights to the current location, and we can't force them to move and are therefore paying for the relocation. Mayor Haley called for public comment; no comments were provided. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion: Resolution 24-006: Governance Manual Update - Mayor/Councilmember It was moved by Deputy Mayor Hattenburg and seconded to approve Resolution 24-006, repealing and replacing the Governance Manual, Mayor Haley explained that the changes brought forward were the changes discussed in detail at a prior council meeting. Councilmember (CM) Merkel questioned chapter one presiding officer ruling comments as not pertinent, but what we got was not following the Roberts Rules. Mayor Haley questioned if there was previous consensus on that portion. City Manager Hohman noted that the changes were reviewed by multiple staff and based on what was discussed at the last meeting. There was discussion regarding the specific verbiage. CM Merkel felt that in that instance, that Roberts Rules of Order should be followed. CM Higgins poised a point of order. Mayor Haley asked to speak to the point. CM Higgins asked if we are being argumentative, or can we proceed with business? CM Merkel asked the parliamentarian if asking if being argumentative was part of the point of order. Clerk Patterson said yes. CM Higgins stated an additional point of order and provided details that the original discussion began with taking the motion and moving it forward or not and picking it apart and being argumentative. Mayor Haley agreed and stated that the topic has been through an admire report for any additional changes so we are not going to go back through as a total and it has been reviewed multiple times with multiple committees. CM Higgins then called for the question. Mayor Haley stated there had been a call for the question. Vote by acclamation: in favor, Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Yaeger, Higgins and Padden. Opposed: Councilmembers Wick and Merkel. Mayor Haley called for the vote on the motion. Vote by acclamation: in favor. Mayor Haley, Depute Mayor Hattenburg, Councilmembers Higgins, Padden, Yaeger and Wick.. Opposed: Merkel. Mayor Haley then realized she had not provided a public comment opportunity and called for public comment. Mike Dolan, Spokane Valley stated that changes were being made by petty people and that there is an impact to the city. Councilrnernber Merkel stated that he feels that the points are directed at him and feels the investigation he has been denied due process and spoke about the 6"' amendment. City Attorney Konkright interjected a clarification to the previous comment stating people to understand what the 6th amendment is, and that it is the right to confront your accuser is reserved for trials; that is a trial right, and the current investigation is regarding workplace rights. CM Higgins poised a point of order and asked if council can move on with the rest of the business. Mayor Haley agreed and once again called for the question. Vote by acclamation: in favor; Mayor Haley, Deputy Mayor Hattenburg, Councilmembers Higgins, Padden Yaeger, and Wick. Opposed: Councilmember Merkel. NON -ACTION ITEMS: 4. Admin Report: Clean Buildin Requirements & Potential Grant Opportunity - Gloria Mantz Ms. Mantz provided details on the background of the clean building requirements that include requirements for energy performance standard for specific types of non-residential buildings. Ms. Mantz stated that three of the city buildings fall under these requirements. The Tier 1 buildings are city hall and CenterPlace. The Tier 2 building is the police precinct. Ms. Mantz then went on to review the steps that were required for compliance purposes to include an energy audit, developing and implementing an operation and maintenance program, and establish an energy management plan. There are two potential grant opportunities that the city can apply for in order to help offset the cost of the audit and other requirements. Currently, the city has until Council Meeting Minutes, Study Session: 04- l 6-2024 Page 2 of 4 Approved by Council: 05-14-24 June 1, 2028, to comply with the Tier 1 building requirements and June 1, 2027 to comply with the Tier 2 requirements. City hall currently complies with the necessary standards, however CenterPlace currently does not meet the energy targets as required. There is an audit required in order to determine what is necessary for CenterPlace to meet the energy targets. Ms. Mantz noted that there was not currently any funding for the audit or the development of the O&M Programs for the buildings. The estimated costs are $85,000 for all the requirements at this time. Ms. Mantz is currently evaluating two grant opportunities that could help offset the cost of the building energy audits and development of the energy efficiency plans; Energy Efficiency Revolving and Conservation Formula Program from the Department of Energy and the Washington State Department of Commerce Clean Building Audit Incentive Program and noted that she would like consensus to return at a later time with a motion to allow for submitting the grant applications. Council discussed the requirements and the funding opportunities and provided consensus to return at a later council meeting with a motion to apply for the grants. 5. Admin Re art: Comm Plan Amendments - Levi BasingerChaz Bates Mr. Basinger provided a detailed PowerPoint presentation that included a review of the two amendments that were being presented. The first amendment, CPA-2024-01, 4418 E 8th Ave, would change 44 acres from Multi -Family Residential (MFR) to Mixed Use (MU) and change 5.2 acres from MFRto Single -Family Residential (SFR). The second amendment, CPA-2024-02, 17103 E Main Ave, would change 0.83 acres from SFR to Corridor Mixed Use (CMU). Council discussed the two amendments and the recommendations from the Planning Commission. The Planning Commission recommended approving the CPA-2024-01 and deny CPA-2024-02. Consensus was reached to move forward with the first reading of the ordinance for CPA-2024-01 and to withdraw CPA-2024-002. 6. Advance Agenda — Ma or Hale Councilmember Merkel requested reducing the stormwater fees to their original amounts. City Manager Hohman offered staff to provide the background and history on the stormwater program to Councilmember Merkel. Councilmember Merkel amended the request to be a presentation at a future Council meeting. City Manager Hohman stated that this has been reviewed several times previously. The Council did not reach a consensus. Councilmember Merkel requested placing a public safety funding initiative on the ballot this year as he has heard comments from residents regarding public safety. Councilmember Wick stated that he had received a call from a County Commissioner regarding the aquifer protection area renewal. City Manager Hohman stated that once he receives a letter from the County that staff will bring this forward to the Council. No consensus was required. Councilmember Higgins requested the city withdraw our membership from the National League of Cities as he believes the city goals do not align with the NLC. City Manager Hohman suggested reviewing that during the budget process this June. No Consensus was required. Councilmember Padden voiced concerns about issues with squatters and requested a report regarding the city's stance on squatters. There was consensus for a report to be presented. COUNCIL COMMENTS Deputy Mayor Hattenburg mentioned a request for a support letter for STA to the Federal Transit Administration for low or no emission efforts. He read the letter and provided details on the need for the letter and requested the mayor sign the letter on behalf of the council. Council provided consensus to allow the mayor to sign the support letter. Councilmember Wick stated that he has received questions regarding the construction crew that left the Pines GSP location and wanted to let residents know that the construction crew that pulled out was part of BNSF but was not related to the Pines GSP project and that the current project is still moving forward as noted in a previous council meeting. Councilmember Merkel stated he felt there was unfairness in the governance manual update process. He also stated that there needed to be more review of all topics and that the 3-touch rule needed to be used more often. He mentioned that he was unclear about the project on 4"` Avenue and would be reaching out to the City Manager with questions regarding details of the project. Council Meeting Minutes, Study Session: 04-16-2024 Page 3 of 4 Approved by Council: 05-14-24 CounciImember Yaeger thanked the members of the public for the nice comments that were received via email in the general comments portion of the meeting. CITY MANAGER COMMENTS Mr. Hohman stated thatthe state parks received a two -million -dollar grant from RCO funding to overlay the entire centennial trail and they selected POE asphalt to do the work for them. The project will start in Millwood to Stateline and be closed for many months for the overlay project. Mr. Hohman noted that the city will try to keep everyone updated on the project as it proceeds, but that state parks does have a site for the project if anyone has questions. It was moved by Deputy Mayor Hattenburg, seconded and unanimously agreed to adjow-n. The meeting adjourned at 7:18 p.m. ATTEST: Pam Daley, M yor Marci katterson, City Clerk Council Meeting Minutes, Study Session: 04-1 b-2024 Page 4 of 4 Approved by Council: 05-14-24 Sp000 ukan"" jUalley. April 16, 2024 Kirsten Wiard-Bauer Office of Program Management Federal Transit Administration 1200 New Jersey Avenue, S.E. Washington, DC 20590 CITY COUNCIL 10210 E Sprague Ave I Spokane Valley, WA 99206 Phone (509) 720-5000 1 Fax (509) 720-5075 www.spokanevatteywa.gov RE: Spokane Transit Authority's (STA) Submission to FTA's FY 2024 Low or No Emission Grant Program Dear Ms. Wiard-Bauer: We are writing to express our support for ETA's application submitted in response to the Federal Transit Administration's (FTA) FY 2024 Low or No Emission Grant Program Notice of Funding Opportunity. STA provides fixed route service to the Public Transportation Benefit Area (PTBA) which includes riders to and from the City of Spokane Valley, connecting people to services, connecting workers to jobs, and advancing regional economic development. STA's project is an exciting opportunity for our community, and we look forward to expanding zero - emission fleet supportive infrastructure in their system. The project constructs Battery Electric Bus (BEB) charging infrastructure for the High -Performance Transit (HPT) network to address a regional need to increase capacity for commuters, provide increased connectivity, and improve cleaner transportation options in the area. We believe strongly in the future of Spokane Valley and in its partnership with STA. Our two agencies regularly collaborate to deliver effective and practical solutions for our community. We urge you to fund the construction of the STA's electric charging infrastructure project. Sincerely, Pam Haley, Mayor On behalf of City of Spokane Valley Council Marci Patterson From: bugsmind <bugsmind@comcast.net> Sent: Monday, April 15, 2024 10:41 AM To: Council Meeting Public Comment Subject: You're doing great! [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. I'm sorry that some folks are being harsh, rude and challenging. Thank you for keeping the system working for the majority of our citizens. Cynthia Hamilton Sent from Samsung Galaxy smartphone. Mard Patterson From: Shirley Grossman <emacap@comcast.net> Sent: Monday, April 8, 2024 8:31 PM To: Council Meeting Public Comment Subject: Thank you! [EXTERNAL.] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Dear Spokane Valley city Employees, We just want to thank you so very much for your hard work! We know the stress that you have been subjected to - But just know that the vast majority of people appreciate you, and feel badly that YOU have been treated badly. Warmly, Shirley Grossman Mard Patterson From: TravisRHunt <travisrhunt00@gmail.com> Sent: Monday, April 8, 2024 7:23 PM To: Council Meeting Public Comment Subject: A thanks to the city employees [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Hi Spokane Valley city employees, Thanks for all you do. I moved to the area a year before the city became a thing, and have watched the growth. The employees of the city are the heavy lifters that make it go. Thanks a ton! Travis Hunt Greenacres Marti Patterson From: Madeline Buescher<madeline.s.buescher@hotmail.com> Sent: Monday, April 8, 2024 9:07 AM To: Council Meeting Public Comment Subject: Spokane valley employees [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. I would just like to say a solid than kyou for your hard workH And I am sorry forth e difficulties at present... Madeline Get Outlook for iOS Marci Patterson From: Bryanna Franzen <Bryanna.undergroundrainbow@gmail.com> Sent: Wednesday, April 10, 2024 1:20 AM To: Council Meeting Public Comment Subject: Written Testimony [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. Hello, Please read the betow testimony at the City of Spokane Valley Meeting on April 16, 2024. My name is Bryanna Franzen and I live in Spokane Valley. On April 2, 2024, there was a slanderous verbal attack made during Open Public Comment at the City of Spokane Valley Meeting. This is to correct the slew of incorrect statements, address the atrocious claims, defend myself from accusations, and to ask the Mayor and the City Council to ensure they are enforcing the rules to which they claim to have. This statement is in regards to City business as the Council allowed another member of the public to break the rules of public comment and attack myself and others personally from our organization. Our organization comes to these meetings asking our elected officials to uphold and enforce the contracts our tax dollars are paying for, not to change the contract. It should have been enforced for the last 10 years. These are reasonable actions which should have been happening all along. We are NOT the "SCRAPS Group". We are individuals and a non profit animal welfare organization advocating which is our 1 st Amendment right and we will not be silent. Secondly, there was a slanderous statement claiming "when you were there, you didn't do your jab. That's why you were removed." I want to ensure I am crystal clear with my response. During my employment at SCRAPS, I had an impeccable record, with zero verbal warnings, written warnings, or complaints. I had zero mediations, meetings, or investigations in regard to my employment, attitude, work ethic, or any other aspect of my positions at SCRAPS. Instead, I was promoted to a Lead Position as a Senior Shelter Technician. My employment was not terminated, I was not removed, I resigned when Jesse Ferrari was brought on due to a multitude of issues within the county, the shelter itself, and due to the lack of ethics and morals exhibited by SCRAPS Management. This was a personal attack on myself and other former employees of SCRAPS. Our previous employment is NOT City Business. Additionally, children are also members of our community and have every right to attend, listen, and even speak at City Council meetings. Personally, I am beyond proud that these children want to have their voice be heard, write their own speeches, try to understand how their government works, and are proud of standing up for what they believe in. It's positively repulsive that anyone would try to humiliate children, or allow it, when they are bravely testifying at a local government meeting. Where we take our children and what we allow them to do is NOT City Business. This person's public comment should have been ended when they chose to not follow the rules. Thank You, Bryanna Franzen PUBLIC COMMENT SIGN4N SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, April 16, 2024 'D b C:00 p.m. to GENERAL PUBLIC COMMENT OPPORTUNITY Please sigh up to speak for up to THREE minutes and the Mayor will afford the public the opportunity to speak. The public comment opportunity is limited to a maximum of 45 minutes. NAME PLEASE PRINT TOPIC YOU WILL SPEAK ABOUT YOUR CITY OF RESIDENCE i tl ey l� �f A-L e� -'f5 (-MO,,4j e e e S5 O V �rri c 12-AP 5rd'koLet'e_ V" t 147 IV Please mote that once information is entered on this.brim, it beeoines a public record subject to public disclosure.