City Council

CITY COUNCIL MEETING TUESDAY, APRIL 18, 2023 HELD IN-PERSON & REMOTELY 6 PM WORKSHOP SESSION City officials who physically attended the meeting: Mayor Kaminskas, Mayor Pro Tern Folyer, Councilmembers Spencer, Van Orman, Dunne, Sahlberg and Kurtz, Mark McAvoy, City Administrator, Todd Henderson, IT Technician, Darin Morgan, Police Lieutenant, Sean Boutz, City Attorney, Jandy Humble, Library Director, Damon Simmons, Police Chief and Kelsey Hardy, City Clerk. City officials who remotely attended the meeting via Zoom: David Goehner, Communications Specialist, Kyle Dixon, Finance Director, Jen Camp, Operations & Maintenance Director, David Williams, City Engineer, Amy Mullerleile, Senior Planner, Heidi Workman, HR Manager, Tait Hunter, Office Assistant, and Lisa Key, Director of Planning & Engineering. Executive Session Per RCW 42.30.140(4)(a): Mayor Kaminskas announced adjournment to — executive session until 6:50 p.m. At 6:51 p.m. council reconvened and announced a break until the start of the 7:00 p.m. session. REGULAR CITY COUNCIL MEETING SESSION INVOCATION: Given by Councilmember Dunne. PLEDGE OF ALLEGIANCE: Led by Mayor Kaminskas, City Council and City Staff. CALL TO ORDER: Mayor Kaminskas called the meeting to order at 7:01 p.m. ROLL CALL: City officials who physically attended the meeting: Mayor Kaminskas, Mayor Pro Tern Folyer, Councilmembers Spencer, Cargill, Van Orman, Dunne, Sahlberg and Kurtz, Mark McAvoy, City Administrator, Todd Henderson, IT Technician, Darin Morgan, Police Lieutenant, Sean Boutz, City Attorney, Jandy Humble, Library Director, Damon Simmons, Police Chief and Kelsey Hardy, City Clerk. City officials who remotely attended the meeting via Zoom: David Goehner, Communications Specialist, Kyle Dixon, Finance Director, Jen Camp, Operations & Maintenance Director, David Williams, City Engineer, Amy Mullerleile, Senior Planner, Heidi Workman, HR Manager, Tait Hunter, Office Assistant, and Lisa Key, Director of Planning & Engineering. AGENDA APPROVAL: Mayor Pro Tern Folyer moved to approve the agenda as published. Councilmember Cargill seconded. Councilmember Kurtz moved to amend the agenda to move item 15A, to item 8A. Councilmember Sahlberg seconded. Councilmembers Sahlberg, Dunne and Kurtz voted in favor; Councilmembers Spencer, Van Orman, Cargill, and Folyer voted opposed. The motion failed to carry with a final tally of 3-4. The Mayor then called for the vote to approve the agenda as published. Councilmember Sahlberg, Spencer, Folyer, Van Orman and Cargill voted in favor; Councilmembers Dunne and Kurtz voted opposed. The motion carried with a final tally of 5-2. CITIZEN COMMENTS: Joy Moore, resident, spoke regarding the Library Ordinance. Krista Evans, resident, spoke regarding the Library Ordinance. Kathryn Lynn Atkins, resident, spoke regarding the Library Ordinance. City Council Meeting Minutes April 18, 2023 Page 1 of 5 Linda Ball, resident, spoke regarding the Library Ordinance. Rev Gen Heywood, non-resident, spoke regarding the Library Ordinance. Pat Dockrey, non-resident, spoke regarding the Library Ordinance. Dennis Scott, resident, spoke regarding the Library Ordinance and Country Vista construction signs. Maria Garcia-Bachman, resident, spoke regarding the Library Ordinance. Mike Kennedy, resident, spoke regarding the Library Ordinance. Teresa Tapao-Hunt, resident and Library Board Member, spoke regarding the Library Ordinance. Tim Olsen, resident, spoke regarding the Library Ordinance. Dg Garcia, resident, spoke regarding the Library Ordinance. Erin Zasada, former resident, spoke regarding the Library Ordinance. The City Clerk acknowledged written public comment received from Gen Heywood (non resident), Jack Baratta, Mike Kennedy, Don and Jan Young, Judy Silverstein, Joe Pitt, Ann Warner, Melissa Pitt, Robert Atkins, Teresa Van Haalen, Michelle Eames, Gary and Frances Lynch, and Colleen Robisch. Additionally, she acknowledged written public comment from the March 28th workshop from Amanda Cleary, Evan White, Lisa Mueller, Kyla Scott, Petra Hoy, and Denece Goertzen. ANNOUNCEMENTS I PROCLAMATIONS I SPECIAL PRESENTATIONS: Mayor Kaminskas announced that Councilmember Sahlberg earned his Certificate of Municipal Leadership from AWC. REPORTS & INQUIRIES: City Council: Councilmember Dunne spoke regarding the STA Board meeting. Mayor: Mayor Kaminskas reported on the NLC Conference, a joint meeting with Spokane Valley, upcoming meetings, and Liberty Lake’s first May Day Celebration. City Administrator: Mark McAvoy, City Administrator, reviewed upcoming events and reminders, and offered an opportunity for council to ask questions about the monthly department reports. Kelsey Hardy, City Clerk, provided a quarterly donation report. Kyle Dixon, Finance Director presented a first quarter financial update. Derek Kosanke, Streets Crew Lead, presented on winter operations. Lastly, Mark provided an update on the strategic plan update. Questions asked and answered throughout. Parks & Arts Commission: Laura Frank, Parks and Arts Commissioner reported on the call to artists for the Hooptown USA mural, progress on the DAR memorial garden, and an update on the garden barrel project. Questions asked and answered. Liberty Lake Sewer & Water District: Kottayam Natarajan, Jr., District Commissioner, spoke regarding shortage of meter supplies for new development. Spokane Valley Fire Department: Brian Asmus, Commissioner, spoke regarding a new maintenance facility. WORKSHOP DISCUSSIONS: Development Code Amendments Building Height Definition, RV & Ministorage as a Limited — Use in C-2 Zone: Lisa Key, Director of Planning & Engineering, presented proposed changes to the City’s Development Code to amend the definition of building heights and to allow for RV and City Council Meeting Minutes April 18, 2023 Page 2 of 5 Ministorage as a limited use in the C-2 Zone. Jim Frank provided public comment. Questions asked and answered. Municipal Code Amendments Proposed amendments to Title 8 (Public Ways and Property) to — address unlawful camping and storage of personal property in public places: Mark McAvoy, City Administrator, presented the proposed amendments to the Municipal code related to camping on public property. Questions asked and answered. GENERAL BUSINESS Consent Agenda Mayor Pro Tem Folyer moved to approve the consent agenda, item 1OA was to approve the March 21, 2023 city council meeting minutes, item lOB was to approve the March 28, 2023 special meeting minutes, and item bC was to approve the April 4 and 18, 2023 vouchers, March 1-15, 2023 payroll, benefits and quarterlies, and the April 4, 2023 manual EFT in the total amount of $1,515,378.08. Councilmember Cargill seconded, which carried unanimously. Action Items: Mayor Pro Tem Folyer moved to approve and authorize the Mayor to sign the Crack Seal Agreement with Road Products LLC. Councilmember Spencer seconded, which carried unanimously. Mayor Pro Tern Folyer moved to authorize the Mayor to sign the Agreement for yoga classes in the park provided by The Mat LLC. Councilmember Sahlberg seconded, which carried unanimously. Mayor Pro Tern Folyer moved to authorize the Mayor to approve and sign the contract between Pro Tech Automotive & Towing 2 and the City of Liberty Lake on behalf of the Liberty Lake Police Departrnent. Councilrnember Kurtz seconded, which carried unanimously. Mayor Pro Tern Folyer moved to authorize the Mayor to approve and sign the Memorandum of Understanding between Avista Corporation and the City of Liberty Lake on behalf of the Liberty Lake Police Department. Councilmember Sahlberg seconded, which carried unanimously. Mayor Pro Tern Folyer moved to authorize a work order in the amount of $1 1,435 to Colvico, Inc. to remove the utility pole located on the southeast corner of Liberty Lake Road & Country Vista Drive, and underground electric service to the Liberty Lake Rd/Country Vista Drive traffic signal during the installation of electric service for the EV Charging Station located at Trailhead. Councilrnember Kurtz seconded, which carried unanimously. Mayor Pro Tern Folyer moved to approve the amended Professional Service Agreement with Liberty Lake Geotech for 3 Party Material Testing, increasing the amount of the agreement from $6,734 to $12,197, and authorize the Mayor to execute the agreement. Councilmember Kurtz seconded, which carried unanimously. Mayor Pro Tern Folyer moved to authorize the Mayor to approve the donation of an Amana kitchen range, with a value of $800, to the Liberty Lake Police Department. Councilrnember Van Orman seconded, which carried unanimously. Mayor Pro Tern Folyer moved to approve the donation of two street signs to Ridgeline High School that were included in the surplus resolution approved on March 21, 2023. Councilmernber Cargill seconded, which carried unanimously. COUNCIL COMMENTS: No comments at this time. PUBLIC HEARINGS I APPEALS: No items at this time. RESOLUTIONS: No items at this time. City Council Meeting Minutes April 18, 2023 Page 3 of 5 ORDINANCES: 2 Read Ordinance No. 1190: The city clerk read, by title only, Ordinance No. 1190, “An — Ordinance of the City of Liberty Lake, Spokane County, Washington Amending Ordinance No. 11 9B, Establishing the Liberty Lake Public Library and Repealing any Provisions in Conflict Thereof.” Sean Boutz, City Attorney reviewed options for moving forward. Council discussion ensued and continued throughout the following actions taken. Councilmember Kurtz moved to start the discussion with Councilmember Dunne’s proposal. Councilmember Dunne seconded. Councilmembers Kurtz and Dunne voted in favor; Councilmembers Sahlberg, Spencer, Folyer, Van Orman and Cargill voted opposed. The motion failed to carry with a final tally of 2-5. Councilmember Dunne moved to defer the second read of Ordinance 1190 to the second meeting of May. Councilmember Kurtz seconded. Councilmembers Kurtz and Dunne voted in favor; Councilmembers Sahlberg, Spencer, Folyer, Van Orman and Cargill voted opposed. The motion failed to carry with a final tally of 2-5. Councilmember Kurtz moved to extend the meeting to 10:30 p.m. Councilmember Spencer seconded, which carried unanimously. Councilmember Dunne moved to amend Ordinance No. 1190 to add section 2.E. “Appoint a City Council Member to attend Board of Trustee meetings as an observer.” Seconded by Councilmember Kurtz. Councilmembers Sahlberg, Dunne, Kurtz and Van Orman voted in favor; Councilmembers Spencer, Cargill, Folyer voted opposed. The motion carried with a final tally of 4-3. Discussion continued. Councilmember Kurtz moved to accept all changes as published and approved by the City Attorney in the agenda. Councilmember Spencer seconded, which carried unanimously. Folyer moved to add in section 2, “Individually approve or reject all current Liberty Lake Public Library policies retroactive to each of the latest adopted versions currently in place as of February 21, 2023, along with any new or revised policy from this date forward, with a simple majority vote.” Councilmember Van Orman seconded. Councilmembers Cargill, Van Orman, Folyer and Spencer voted in favor; Councilmembers Kurtz, Dunne, and Sahlberg voted opposed. The motion carried with a final tally of 4-3. Councilmember Kurtz moved to extend the meeting 11:00 p.m. Councilmember Cargill seconded. Councilmember Cargill, Kurtz, Van Orman, Folyer and Spencer voted in favor; Councilmembers Dunne and Sahlberg voted opposed. The motion carried with a final tally of 5- 2. Mayor Pro Tem Folyer moved to approve the addition of, “Quarterly and Annual Report. At the end of each quarter the Board of Trustees shall designate a representative to brief the City Council at its regularly scheduled meeting on the current state of the Library and any proposed Library policy changes.” Councilmember Spencer seconded. Councilmembers Sahlberg, Spencer, Van Orman, Folyer and Cargill voted in favor; Councilmembers Dunne and Kurtz voted opposed. The motion carried with a final tally of 5-2. Councilmember Dunne moved to add, “To provide the highest level of Library service to the citizens of the City of Liberty Lake, as well as to adhere to and support the First Amendment of the Constitution of the United States, the Library Bill of Rights (American Library Association), the Freedom to Read Statement (American Library Association), the Freedom to View Statement (American Library Association), and the Washington Library Association Intellectual Freedom Statement (taken together as “Principles”), the City Council or Mayor will not ban or restrict access to library books or content that is added to the library collection utilizing these guiding Principles.” Councilmember Sahlberg seconded. City Council Meeting Minutes April 18, 2023 Page 4 of 5 Councilmember Kurtz moved to amend the language to “The City Council or Mayor will not ban or restrict access to library books or content that is added to the library collection.” Seconded by Councilmember Dunne. Councilmembers Sahlberg, Dunne, Kurtz, Cargill, Van Orman and Folyer voted in favor; Councilmember Spencer voted opposed. The motion to amend the proposed language carried with a final tally of 6-1. The Mayor then called for the vote to approve adding the language as amended. Councilmembers Sahlberg, Kurtz and Dunne voted in favor; Councilmembers Spencer, Cargill, Van Orman and Folyer voted opposed. The motion failed to carry with a final tally of 3-4. Councilmember Cargill moved to move Ordinance No. 11 9C for further discussion to the May 2nd meeting. Councilmember Spencer seconded, which carried unanimously. EMERGENCY ORDINANCES: No items at this time. INTRODUCTION OF UPCOMING AGENDA ITEMS: Mayor Kaminskas reviewed upcoming agenda items. CITIZEN COMMENTS: Due to time limitations, no comments were heard at this time. EXECUTIVE SESSION: No items at this time. ADJOURNMENT: With there being no further business, the meeting adjourned at 11:00 p.m. These minutes were approved May 2nd, 2023. /)‘ 11 L’L4_- njJ,4- Cris Kaminskas, Mayor City of Liberty Lake - / 4 // Thes minut’s were prepa/ed by Kelsey Hardy. This meeting was also recorded. Anyone desiring to listen to the recording may visit the city’s website or contact the City Clerk. City Council Meeting Minutes April 18, 2023 Page 5 of 5