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City Council

Regular Meeting

Liberty Lake, WA · December 5, 2023

AgendaMinutes

Minutes

CITY COUNCIL MEETING TUESDAY, DECEMBER 5, 2023 HELD IN-PERSON & REMOTELY 6 PM WORKSHOP SESSION City officials who physically attended the meeting: Mayor Kaminskas, Mayor Pro Tern Folyer (joined 3 minutes after roll), Councilmembers Dunne, Van Orman, Kennedy, Cargill, Spencer, and Kurtz, Mark McAvoy, City Administrator, Lisa Key, Director of Planning and Engineering, Darin Morgan, Deputy Chief of Police, Lee Woolsey, IT support, Sean Boutz, City Attorney, and Kelsey Hardy, City Clerk. City officials who remotely attended the meeting via Zoom: Kyle Dixon, Finance Director, Amy Mullerleile, Senior Planner, Damon Simmons, Police Chief, Jen Camp, Operations & Maintenance Director, and Trevor Ragan, Crew Lead. Public Hearing Annual Development Code Amendments (Sign Regulations, River District SAP - Landscaping Regulations, Public Utility Local Distribution Facilities as a Limited Use in All Zones, and Fencing Standards for Essential Public Facilities and Utilities): Lisa Key, Director of Planning & Engineering, introduced the hearing topics for the 6 p.m. session, reviewed the order of proceedings, explained Planning Commission findings, and criteria for approval. Lisa Key then presented the proposed sign code amendments, staff’s recommendation, and Planning Commission’s conclusions and recommendation. Michael Terrell, testified on behalf of the applicant, Greenstone. Mayor Kaminskas opened public comment at 6:17 p.m. Mayor Kaminskas invited public testimony on the proposed sign code changes. No comments were heard at this time. This portion of the hearing closed at 6:18 p.m. Councilmember Dunne moved that the amendments be moved to the 2024 sign code considerations. Councilmember Van Orman seconded, which carried unanimously. Mayor Kaminskas opened the public hearing for Public Utility Local Distribution Facility as a Limited Use at 6:20 p.m. Lisa Key presented an overview of the proposed amendment. Questions asked and answered. Mayor Kaminskas invited public comment. No comments were heard at this time. This portion of the hearing closed at 6:27 p.m. Councilmember Dunne moved that the proposed amendments be moved forward for approval. Councilmember Kennedy seconded, which carried unanimously. Mayor Kaminskas opened the public hearing at 6:28 p.m. on fencing standards for essential public facilities and utilities. Lisa Key presented the proposed amendments. Mayor Kaminskas invited public comment. No comments were heard at this time. This portion of the public hearing closed at 6:32 p.m. Councilmember Dunne moved that the fencing standards move forward for approval. Councilmember Kennedy seconded, which carried unanimously. Mayor Kaminskas opened the public hearing on the proposed landscape River District landscape ordinance amendments at 6:33 p.m. Lisa Key, presented an overview of the proposed amendments. Questions asked and answered. Michael Terrell, Landscape Architect, testified on behalf of the applicant. Questions asked and answered. Mayor Kaminskas invited public comment. No comments were heard at this time. City Council Meeting Minutes December 5, 2023 Page 1 of 6 Councilmember Cargill moved to remand to the Planning Commission. Councilmember Dunne seconded, which carried unanimously. The public hearing was closed at 6:51 p.m. and with there being no further business, the council adjourned until the regular 7:00 p.m. session. REGULAR CITY COUNCIL MEETING SESSION INVOCATION: Given by Mayor Kaminskas. PLEDGE OF ALLEGIANCE: Led by Mayor Kaminskas, City Council and City Staff. CALL TO ORDER: Mayor Kaminskas called the meeting to order at 7:03 p.m. ROLL CALL: City officials who physically attended the meeting: Mayor Karninskas, Mayor Pro Tem Folyer (joined 3 minutes after roll), Councilmembers Dunne, Van Orman, Kennedy, Cargill, Spencer, and Kurtz, Mark McAvoy, City Administrator, Lisa Key, Director of Planning and Engineering, Darin Morgan, Deputy Chief of Police, Lee Woolsey, IT support, Sean Boutz, City Attorney, and David Goehner, Communications Specialist, Kyle Dixon, Finance Director, and Kelsey Hardy, City Clerk. City officials who remotely attended the meeting via Zoom: Amy Mullerleile, Senior Planner, Damon Simmons, Police Chief, Jen Camp, Operations & Maintenance Director, and Trevor Ragan, Crew Lead. AGENDA APPROVAL: Councilmember Cargill moved to move ordinance 1 5C to 1 5A. Councilmember Kennedy seconded. Councilmembers Spencer, Cargill, Kennedy, Folyer and Van Orman voted in favor; Councilmembers Kurtz and Councilmember Dunne voted opposed. The motion passed 5-2. Mayor Pro Tern Folyer moved to move item 19, Executive Session, after completion of item 8 and before item 9. Councilmember Spencer seconded, which carried unanimously. Mayor Pro Tern Folyer moved to approve the amended agenda. Councilmember Cargill seconded, which carried unanimously. CITIZEN COMMENTS: Dennis Sheehan spoke regarding the proposed River District zone change. Renee DiFronzo spoke regarding the proposed River District zone change. The meeting was paused due to a disruption on zoom. The meeting resumed in person at 7:12 p.m. and continued with public comment. Robin Bekkedahl spoke regarding the proposed River District zone change. Robert Hopkins spoke regarding the proposed River District zone change. Joy Moore spoke regarding the proposed River District zone change. Cindy Bell spoke regarding the proposed River District zone change. Linda Ball spoke regarding legislative priorities. Tom Sahlberg spoke regarding the proposed River District zone change and the library ordinance. Dustin Priest spoke regarding the library ordinance. Shawna Deane spoke regarding the library ordinance. Paige Van Buren spoke regarding the library ordinance. City Council Meeting Minutes December 5, 2023 Page 2 of 6 Kim Schmidt spoke regarding the library ordinance and the proposed River District zone change. Judy Silverstein spoke regarding the library ordinance. Maria Garcia-Bachman spoke regarding the library ordinance. Dg Garcia spoke regarding the library ordinance. Cynthia Godinez spoke regarding the proposed River District zone change. Bob West spoke regarding the library ordinance vote. The city clerk acknowledged written public comment regarding the library ordinance from Gayle Tenbrink, Elizabeth Bighorse, Melissa Pitt, Jack Baratta, Colleen Robisch, Nellie Spencer, Justin Folkins, and Jim Baumker. Additionally, she acknowledged written public comment regarding the proposed River District Zone Change from Richard Albertson, Bette Zerba and Bonnie Burn. ANNOUNCEMENTS I PROCLAMATIONS I SPECIAL PRESENTATIONS: No items at this time. REPORTS & INQUIRIES: City Council: Councilmember Kurtz reported on efforts to meet in the middle on the library ordinance and policy oversight of other departments. Mayor: Mayor Kaminskas reported on the appraisals for the potential Army National Guard facility. She also reported on the upcoming elected officials training, government action committee, GSI legislative forum, and the SRTC board meeting. Lastly she reported on her National League of Cities committee applications. City Administrator: Mark McAvoy, City Administrator, reviewed upcoming events and reminders, and reported on the regional collaborative on homelessness. Lisa Key, Director of Planning and Engineering, updated council on the TIB grant application for Sprague Avenue Phase 1. Spokane Valley Fire Department: Zack Bond, Deputy Chief of Operations, presented December service statistics, as well as safety reminders to change batteries in smoke and carbon monoxide detectors, and safe driving in the winter. Liberty Lake Sewer & Water District: Kottayam Natarajan, LLSWD Commissioner, reported on the close of the leaf drop program, an upcoming open house for the district’s anniversary and re-opening of the administrative building, and a snow response update. EXECUTIVE SESSION: At 8:33 p.m., Mayor Kaminskas announced an executive session per RCW42.30.11O(1)(i) regarding potential litigation. She announced the regular meeting would resume at 8:48 p.m. Following executive session, the mayor and council returned at 8:49 p.m. and the meeting resumed at 8:52 p.m. WORKSHOP DISCUSSIONS: Proposed River District Open Space Zone Change & Development Code Amendment: Lisa Key, Planning & Engineering Director, presented on the proposed RD-R zone change. Council discussion ensued with questions asked and answered. 2024 Proposed Budget & Capital Facilities Plan: Kyle Dixon, Finance Director, briefly reviewed discussions from the November 21, 2023, workshop. Council discussion ensued with questions asked and answered. Councilmembers agreed to discuss library funding in a workshop in the first quarter of 2024. City Council Meeting Minutes December 5, 2023 Page 3 of 6 GENERAL BUSINESS Consent Agenda Mayor Pro Tern Folyer moved to approve the consent agenda items 1OA, B, C, D, E, F and G. Councilmember Spencer seconded, which carried unanimously. With this action, the following items were approved: 10.A. November 21, 2023, meeting minutes. lOB. December 5, 2023, vouchers and the November 1-15, 2023, payroll and benefits in the total amount of $490,851 .63. 1 0.C. Authorize the Mayor to sign the professional services agreement with Parametrix, Inc. 10.D. Authorize the Mayor to sign the professional services agreement with WC3. bE. Approve the donation of $6,300 and three picnic tables with benches valued at $3,700 from Liberty Lake Lion’s Club for the arboretum. 10.F. Confirm the Mayor’s appointment of Joni Hay to fill the adjunct position on the Parks and Arts Commission. 10G. Confirm the Mayor’s appointment of John Bahr to fill Position 2 on the Parks and Arts Commission. Representatives of the Lion’s Club spoke regarding their donation, fundraising activities, and other charity projects. Mayor Kaminskas congratulated Joni Hay and John Bahr on their appointments to the Parks and Arts Commission. Councilmember Cargill moved to extend the meeting to 10:30 p.m. Councilmember Kennedy seconded, which carried unanimously. Action Items: No items at this time. COUNCIL COMMENTS: No comments at this time. PUBLIC HEARINGS I APPEALS: No items at this time. RESOLUTIONS: Resolution No. 23-255: The city clerk read by title only, Resolution No. 23-255, “A Resolution of the City of Liberty Lake, Washington Approving the Final Plat of Trutina Seventh Addition, Located in Portions of the Southwest Quarter of the Northeast Quarter, and the Southwest Quarter of the Northwest Quarter of Section 10, Township 25N, Range 45 E.W.M., Liberty Lake, Washington, File 2015.PL0001G.” Mayor Pro Tern Folyer moved to approve Resolution No. 23- 255. Councilmember Dunne seconded. Mayor Kaminskas invited public comment. No comments were heard at this time. The mayor then called for the vote, which passed unanimously. Resolution No. 23-256: The city clerk read by title only, Resolution No. 23-256, “A Resolution of the City Council of the City of Liberty Lake, Spokane County Washington, Adopting Legislative Priorities for Use During the State Legislature’s 2024 Regular Session and Any Subsequent Special Sessions.” Mayor Pro Tem Folyer moved to approve Resolution No. 23-256. Councilmember Dunne seconded. Mayor Kaminskas invited public comment. No comments were heard at this time. The mayor then called for the vote, which passed unanimously. ORDINANCES: City Council Meeting Minutes December 5, 2023 Page 4 of 6 2 Read Ordinance No. 11 9-D: The city clerk read by title only, Ordinance No. 11 9-D, ‘An - Ordinance of the City of Liberty Lake, Spokane County, Washington, Amending Ordinance No. 119-B, Establishing the Liberty Lake Public Library and Repealing Any Provisions in Conflict Thereof.” Council discussion ensued. Councilmember Kurtz moved to amend Ordinance 11 9-D to add section 2F, “The Mayor of the Council shall not propose or approve any library policy that implicitly or explicitly allows or authorizes censorship, nor any library policy that may infringe upon rights and liberties afforded to individuals by and through any applicable local, state, or federal laws” and add Section 6G3, “The Board of Trustees shall not propose or adopt any library policy that implicitly or explicitly allows or authorizes censorship, nor any library policy that may infringe upon rights and liberties afforded to individuals by and through any applicable local, state, or federal laws”, and revise Section 6G2 to reference sections 2E and F. Councilmember Dunne seconded. Following council discussion, the mayor called for the vote to approve the amendment proposed by Councilmember Kurtz. Councilmembers Kurtz and Dunne voted in favor; Councilmembers Kennedy, Spencer, Folyer, Van Orman and Cargill voted opposed. The motion failed 2-5. Councilmember Spencer moved to remove item 2F. Councilmember Kurtz seconded. Following brief discussion, the mayor called for the vote which carried unanimously. Mayor Pro Tern Folyer moved to approve the amended 11 9-D. Councilmember Van Orman seconded. The mayor then invited public comments. Comments were heard from Brad Hamblet, Bob West, Dustin Priest, Dg Garcia, Lynn Atkin, Kevin Wilding, Harvey Brown, Sue Hamblet, and Rosemarie Desire. During comments, Councilmember Kurtz moved to extend the meeting to 11 p.m. Councilmember Dunne seconded, which carried unanimously. Following public comments, the mayor called for the vote to approve the amended 119-D. Councilmembers Kennedy, Spencer, Folyer, Van Orman and Cargill voted in favor; Councilmembers Dunne and Kurtz voted opposed. The motion passed 5-2. 2d Read Ordinance No. 299: The city clerk read by title only, Ordinance No. 299, “An - Ordinance of the City of Liberty Lake, Washington, Adopting the 2024 2029 Capital Facilities — Plan.” Councilmember Dunne moved to approve Ordinance No. 299. Councilmember Kennedy seconded. The mayor invited public comments. No comments were heard at this time. The mayor then called for the vote, which passed unanimously. 2rd Read Ordinance No. 300: The city clerk read by title only, Ordinance No. 300, “An - Ordinance of the City of Liberty Lake, Washington, Adopting a Budget for the Period January 1, 2024 through December 31, 2024, Appropriating Funds and Establishing Salary Schedules for Established Positions.” Mayor Pro Tern Folyer moved to approve Ordinance No. 300. Councilmember Dunne seconded. The mayor invited public comment. No comments were heard at this time. The mayor then called for the vote. Councilmembers Kennedy, Dunne, Spencer, Folyer, Van Orman and Kurtz voted in favor; Councilmember Cargill voted opposed. The motion passed 6-1. EMERGENCY ORDINANCES: No items at this time. INTRODUCTION OF UPCOMING AGENDA ITEMS: Mayor Kaminskas reviewed upcoming agenda items. CITIZEN COMMENTS: No comments at this time. EXECUTIVE SESSION: No items at this time. ADJOURNMENT: With there being no further business, the meeting adjourned at 10:48 p.m. p.m. City Council Meeting Minutes December 5, 2023 Page 5 of 6 These minutes were approved December 19, 2023. / Cris Kaminskas, Mayor City of Liberty Lake These minutes wrè frepareby 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 December 5, 2023 Page 6 of 6

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