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2024, 07-16 Study SessionMINUTES City of Spokane Valley City Council Study Session Meeting Tuesday, July 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, Mayor Tim. Hattenburg, Deputy Mayor Rod Higgins, Councilmember Laura Padden, Councilmember Al Merkel, Councilmember Jessica Yaeger, Councilmember Ben Wick, 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 & Rec Director Jerrenry Clark, Traffic Engineering Manager Virginia Clough, Legislative Policy Coordinator Lori Barlow, Senior Planner Morgan Koudelka, Sr. Administrative Analyst Henry Allen, Senior Engineer Patricia Rhoades, Deputy City Clerk Chad Knodel, IT Manager Marci Patterson, City Clerk ROLL CALL: City Clerk Patterson called roll; 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. John Harding, Spokane Valley, Mr. Scott Buettner, Spokane Valley, Mr. Brannen Reasor, Spokane Valley, Mr. Michael Pentico, Seattle, and Mr. Rick Freier, Spokane Valley all provided comments on various topics. ACTION ITEM: 1. Motion Consideration: ORioid Settlement- Kroger -- Tony Beattie It was moved by Deputy Mayor Hattenburg and seconded to authorize the City of Spokane Valley to participate in the settlement ti)ith Roger and authorize the City Manager or designee to finalize and execute all documents necessary for participation. Mr. Beattie provided a brief overview of the settlement and funding. Mayor Haley called for public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed. none. Motion carried. NON -ACTION ITEMS: 2. Admin Report: Solid Waste Contract Discussion — BiIl Helbig Mr. Helbig opened the discussion with brief introductions for Sunshine Disposal and Spokane County as they were the two providers that submitted a materials for the request for information for the future transfer, Council Meeting Minutes, Study Session: 07-16-2024 Page 1 of 3 Approved by Council: 08-21-2024 transport and disposal contract for the city. Mr. Helbig presented a PowerPoint that included a history of the disposal contract, an overview of what the future contract would include, key elements in the request for information that was reviewed, considerations for council regarding the services and the contract, and the agreement rates and term for the contract. Council offered numerous questions that included fees, current rates, total costs on services, and review of the number of FTE's. Mr. Mark Torre and Mr. Steve Wulf presented an overview of their operation, costs associated with the operation and terms of the contract. They also discussed the current contract with Sunshine Disposal. Council questioned the new rates, the CPI with the contract, capitalization expenses involved with the contract, residential use of the facility, and the option of terms for the contract. Mr. Kyle Twohig and Ms. Deb Geiger both with Spokane County Solid Waste met to present details of their operation at the county. They reviewed the capital outlays, the term of the contract, fees, and current rates. They detailed that the rates are ultimately approved by the Spokane County Board of Commissioners on the recommendation of the Solid Waste Advisory Committee (SWAC). Council questioned the use of the Waste to Energy Plant and if that facility was no longer used, what would that do to the rates and ability to provide all the services. Council also discussed capital improvement projects and costs for those projects for the facilities, any potential additional costs for services, the term of the contract and services offered long term. Mr. Helbig closed the discussion noting that he would return at a future meeting with motion consideration for contract services. It was moved by Mayor Haley and seconded to take a breakfram 7: 47 p. in. to 8: 00 p. m. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Admin Report: Street Vacation STV-2024-0002 — Lori Barlow Ms. Barlow discussed a detailed PowerPoint presentation that included the location of the proposed street vacation at Hutchinson Rd - 60 x 130 ft and Riverside Ave - 40 x 170 ft., the land ownership details, the overall process of the street vacation, and the agency comments and conditions required for the street vacation. Ms. Barlow noted the Planning commission recommended 5 to 0 to the council that they approve the vacation and that there were no comments were received during the comment period. Various agencies provided comments. Utilities and service providers did request easements because they would still have utilities in the right of way. Council discussed the requirements for the proposed street vacation and provided consensus to move forward with the street vacation process. 4. Admin Report: Oversize and Overweight Vehicle Permit Terremy Clark Mr. Clark opened the conversation with a PowerPoint presentation that included a definition of an oversized load, the permitting process, background on the prior requirements, and what proposed permit code and fee assessment would include. Staff reviewed the impact of the oversize and overweight vehicles to our current infrastructure and reviewed what the other agencies currently had in place for such requirements. The proposed code language - SVMC 9.30.075, Reference to RCW, equipment ratings, time -of -day limitations, reference to Master fee schedule, application information, liability, insurance requirements, and indemnification. Council discussed the need for the application and fees and that this process would codify the process in order to protect our existing infrastructure. Council also discussed the ability to enforce the proposed fees and regulations. Council provided consensus to return at a future meeting with an Ordinance on the application and fees. It was moved by Councilrnember Yaeger and seconded to extend the council meeting by 30 minutes. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried 5. Admin Report: Grants Pass v. Johnson Update — Kell Konkri ht City Attorney Konkright presented an update on the Grants Pass v. Johnson decision. Mr. Konkright noted that as a result of the Court's decision, enforcement of public property camping bans in Washington no longer violate the 8th Amendment if (1) the prescribed penalties themselves do not meet the definition of cruel and unusual punishment, and (2) the ordinance does not criminalize persons merely for being homeless — i.e. applies to all individuals engaging in the prohibited conduct regardless of whether or not they are homeless. Mr. Konkright went on to explain the current provisions in the city code and defined some of the violations for camping. Council discussed the current city code and what the fines are. Councilmember Council Meeting Minutes, Study Session: 07-16-2024 Page 2 of Approved by Council: 08-2112024 Merkel suggested an alternate option to have civil misdemeanors and allowing for a magistrate and public defender and an officer acting as a public defender in the field to make an immediate determination. A point of order was raised. Mayor Haley asked to speak to the point. Councilmember Higgins questioned if this was the proper place on the agenda for this topic. Mayor Haley allowed City Attorney I{onkright to answer the question as to whether or not the alternate option is even a feasible option. Mr. Konkright noted that the option would be extremely challenging and if you are speaking of removing people it would require taking custody of them and that generally that involves due process issues, but: not researching the issue it would have some constitutional challenges right away. Councilmembers questioned the rights of the people in that circumstance as well as the cost of the having all of the individuals "in the field" working and it would not be possible for an officer to act as a prosecutor. There were many concerns about the alternate option. Mr. Hohman suggested an update on the current methods of assisting those that are camping on city property and reviewing what is being done and offered to those that are on city property. 6. Advance Agenda — Mayor Haley Councilmember Merkel requested looking into a reserve force for our police officers. Councilmember Yaeger noted that SCOPE is also looking for assistance and that we may not be able to find anyone if we put this forward. Councilmember Padden noted that perhaps Chief Ellis should weigh in on the topic. There was not consensus to move forward with the item. Councilmember Merkel Proposed assigning priority to advanced agenda items. Mr. Hohman stated that it would be an administrative item to handle. There was not consensus to move that request forward. Councilmember Merkel wanted to pass an Ordinance to require public buildings in the city to have flags for the public to use for meetings. There was not consensus to move that request forward. COUNCIL COMMENTS Councilmember Merkel stated that he was upset that he was not called on for the homelessness topic. There was a point of order raised. Mayor Haley asked to speak to the point. Councilmember Higgins stated that Councilmember Merkel is continuing to campaign and to please cease and desist. Mayor Haley stated that she agreed and that she would like to continue on. Councilmember Merkel continued to speak over Mayor Haley. Mayor Haley noted that she would adjourn the meeting if he continued. CITY MANAGER COMMENTS Mr. Hohman noted that the city is continuing work. on the Pines project and it is moving forward and will continue to move to the construction phase of the project. There will be further updates on that with our Federal Lobbyist. Mr. Hohman also noted that he attended CRAVE and it was a successful event and that we had citizens attending from at least six various states. City Manager Hohman also stated that he was troubled to hear that Councilmember Merkel was in an active construction zone. Mr. Hohman went on to note that it posed danger to not only Councilmember Merkel, but also to the city and the workers in the construction area. There are numerous safety concerns being in an active construction zone without the proper training and safety gear that would be required. Mr. Hohman asked that unless you are authorized to be in the active construction zone, that you stay out of the area. It was moved by Deputy Mayor Hattenburg, seconded to adjourn. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Hattenburg, Councilmember Yaeger, Higgins, Wick, and Padden. Opposed: Councilrrrerrrber Merkel. Motion carried. The meeting was adjourned at 9:17 p.m. ATTE T: 'I, Z�n IVJ Marci P t e-rson, City Clerk Parrs Haley, Mayor Council Meeting Minutes, Study Session: 07-16-2024 Approved by Council: 08-27-2024 Page 3 of 3 Questions to Open Dialog with Sunshine Disposal & Recycling and Spokane County Solid Waste. Questions have been segregated into the sections that will be discussed and followed. It is anticipated that these questions will be used as building blocks for discussions. Sunshine Questions County. Questions Term There is a significant jump when going You've indicated a 5-year Interlocal from a 5-Year Contract to a 10-Year Agreement. Is this the standard term contract. is this because of the for other agencies that have joined the improvements needed at the transfer regional solid waste system? station? Is Sunshine willing to extend the current What if the City wanted to go for a contract for 3 years? longer or shorter term? Rates The rates show an increase from the 5- Are the County Commissioners solely year rate to the 10-year rate. Is this to responsible for setting the disposal account for improvements needed at rates for the Regional Solid Waste the transfer station? System? Do you only collect the 3.6% refuse tax Does County staff or the Solid Waste on self -haulers only? Advisory Committee (SWAC) have any influence on the rates? Do you collect the refuse tax on Does the $3.00 Environmental Fee per garbage from curbside collection that vehicle get charged to commercial WM does? vehicles, like curbside collectors, as well? In the rates you provided, there will not It is the City's understanding that the be any change on the minimum rate for 3.6% refuse tax is not charged by the self -haulers? County on self -haulers or curbside collectors. Then, how is the refuse tax handled? Since the County covers the refuse tax, do you know if WM will stop collecting Disposal Contract Questions Page 1 of 3 Sunshine Questions County Questions the tax from curbside collection accounts if the City chooses the County for disposal? Rate Adjustments Are you still willing to tie rate Historically, how significant have the adjustments to a percentage of the disposal rate increases been annually? Consumer Price Index (CPI)? How does County staff and the Solid Waste Advisory Committee have influence on the County Commissioners for rate adjustments? The County currently has some of its waste going to the City of Spokane's Waste to Energy facility. With the recent news that the facility may face steep climate tax change, what effect will this have on County rates? Transfer Station .Capacity Does the current transfer station have Does the current transfer station have the capacity to support the City into the the capacity to support the City into the future? future? What type of facility improvements are Before the City separated from the needed to serve the City into the Regional Solid Waste System, there future? were queuing backups from your transfer station onto Kiernan and onto Sullivan Road. Do you anticipate these types of backups again? Are future capital costs figured into the rates you provided? Continuity of Service This is the first time the County itself will be operating transfer stations. Why Disposal Contract Questions Page 2 of 3 Sunshine Questions County Questions did Commissioners move away from having a contractor operation the stations? What hiccups doe the County anticipate in taking over operations? Other l Administrative Fee The Administrative Fee, as we understand it, is imposed by the City through the disposal contract and you collect it for us. Are you still willing to collect the fee for the City? The City collects an Administrative Fee through the disposal contract to help fund our program. It is correct that the County doesn't have the mechanisms to collect a fee that is remitted to the City? Disposal Contract Questions Page 3 of 3 Marc'r Patterson From: Brannen Reasor <brannenreasor@gmail.com> Sent: Tuesday, July 16, 2024 1:14 PM To: Council Meeting Public Comment Subject: July 16 council meeting - Grants Pass vs Johnson [EXTERNAL] This email originated outside the City of Spokane Valley. Always use caution when opening attachments or clicking links. intend to come and speak at the meeting tonight, but I am sending this in case I do not make it to the meeting. 1. July 16, 2024 2. Brannen Reasor 3. Spokane Valley 4. Grants Pass vs. Johnson Good Evening, I am a resident of Spokane Valley, and I am writing today to discuss the Grants Pass vs.Johnson decision. It is my view that the Supreme Court decision on this matter is immoral and only seeks to criminalize homelessness. Being without a home is a position that I would not wish upon anyone, and those in that position deserve their dignity and our help, not further criminalization. It's clearthat this council views the decision as immediately actionable for the city's approach to citizens existing on our public property. I would ask that this council reconsider this justification as its use only stands to tear down those strugglingthe most in our community. If someone is sleeping on public land it is not because they wish to, and arrestingthem, throwing out their stuff and slapping them with a fine they can't afford to pay, is not going to help our neighbors who have been hurt the most by the cost of living crisis we are in today. This approach only stands as a way to kick those who are down. I know the city has a homeless task force and that is good. The city should empower them to handle and help our homeless neighbors without fining them and placing them in jail. Help should be offered and not forced; mental health care, rehab centers, and housing should be readily available and offered, empathy should be used in all situations, if someone refuses a shelter bed, there is a reason, maybe it's because they've been robbed in the shelter, maybe it's because they have to be clean, and they aren't yet, whatever the reason jail and fines are not the solution and will never be the solution, we need to approach our community members with compassion, not force. I do not wish for the parks in our city to be free of tents because any time one is placed it is trashed and the person using it is taken to jail and slapped with a fine, I want our parks to be clean because the city takes care of its citizens, builds them up, and helps them when they are down on their luck.That is how you build a community. PUBLIC COMMENT SIGN --IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, July 16, 2024 6:00 p.m. GENERAL PUBLIC COMMENT OPPORTUNITY Please sign 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 tM lA/6, Pv/3L 1 1 C J \-0 ��v[✓I��� � G� � e- Please mote that once information is entered on Ellis form, it becomes a public record subject to public disclosure.