City Council

CITY COUNCIL MEETING TUESDAY, DECEMBER 19, 2023 HELD IN-PERSON & REMOTELY 6 PM WORKSHOP SESSION City officials who physically attended the meeting: Mayor Kaminskas, Councilmembers Dunne, Cargill, Spencer, and Kurtz, Mark McAvoy, City Administrator, Lisa Key, Director of Planning and Engineering, Amy Mullerleile, Senior Planner, Damon Simmons, Police Chief, Darin Morgan, Deputy Chief of Police, Michael Maeckle, IT support, Sean Boutz, City Attorney, and Kelsey Hardy, City Clerk. Councilmembers Folyer and Van Orman were absent from the 6 p.m. session. City officials who remotely attended the meeting via Zoom: Councilmember Kennedy, and Kyle Dixon, Finance Director. Public Hearing Greenstone-lnitiated Request to Change the Comprehensive Plan Land Use — and Zoning Designation for the Subject Properties from RD-R and RD-M to a New Zoning Designation RD-C on —12.5 Acres, and Proposing Development Regulations Associated Therewith: Lisa Key, Director of Planning & Engineering, presented a review of the proposed changes, criteria for approval, procedural summary, public comment, staff analysis, and the Planning Commission conclusions and recommendations. Questions asked and answered. The applicant, Jim Frank with Greenstone, provided testimony. The public hearing adjourned at 6:54 p.m. to be resumed following citizen comments during the 7:00 p.m. session. REGULAR CITY COUNCIL MEETING SESSION INVOCATION: Given by Councilmember Cargill. PLEDGE OF ALLEGIANCE: Led by Mayor Kaminskas, City Council and City Staff. CALL TO ORDER: Mayor Kaminskas called the meeting to order at 7:04 p.m. ROLL CALL: City officials who physically attended the meeting: Mayor Kaminskas, Councilmembers Dunne, Cargill, Spencer, Folyer, and Kurtz, Mark McAvoy, City Administrator, Lisa Key, Director of Planning and Engineering, Amy Mullerleile, Senior Planner, Damon Simmons, Police Chief, Darin Morgan, Deputy Chief of Police, Michael Maeckle, IT support, Sean Boutz, City Attorney, and Kelsey Hardy, City Clerk. Councilmember Spencer moved to excuse Councilmember Van Orman. Councilmember Dunne seconded, which carried unanimously. City officials who remotely attended the meeting via Zoom: Councilmember Kennedy, and Kyle Dixon, Finance Director. AGENDA APPROVAL: Councilmember Dunne moved to insert a continuation of the 6 p.m. workshop after item 6. Councilmember Cargill seconded, which carried unanimously. Mayor Pro Tern Folyer moved to approve the agenda as amended. Councilmember Dunne seconded, which carried unanimously. City Council Meeting Minutes December 19, 2023 Page 1 of 5 CITIZEN COMMENTS: No comments at this time. CONTINUATION OF PUBLIC HEARING FROM THE 6 P.M. WORKSHOP SESSION: Greenstone-Initiated Request to Change the Comprehensive Plan Land Use and Zoning Designation for the Sublect Properties from RD-R and RD-M to a New Zoning Designation RD 0 on -12.5 Acres, and Proposing Development Regulations Associated Therewith: Mayor Kaminskas resumed the public hearing at 7:07 p.m. and invited public comment. Cynthia Godinez, Bette Zerba, Joy Moore, Cindy Bell, Renee DiFronzo, Robert Hopkins, Robin Bekkedahl, Dennis Sheehan, Joe Mann, Tom Sahlberg, and Bonnie Burns. The city clerk acknowledged written public testimony received from Bette Zerba and Bonnie Burns. With there being no further public testimony, council deliberations ensued with questions asked and answered throughout. Lisa Key stated the findings of fact 1-4 from page 15 of the staff report. Councilmember Dunne moved to recognize and agree in fact to the findings that Lisa described. Councilmember Cargill seconded. The motion passed unanimously, 5-0. Councilmember Kennedy was not available to vote. The council then deliberated on the criteria for amendment to the Comprehensive Plan and the River District Development Code, as shown on page 16 of the staff report. Councilmember Cargill moved to answer criteria one with a no; the amendment is not consistent with the Comprehensive Plan and is detrimental to the public welfare. Councilmember Kurtz seconded. Following council discussion, the mayor called for the vote which carried unanimously, 5-0. Councilmember Kennedy was not available to vote. Mayor Pro Tern Folyer moved that no change in economic, technological, or land use conditions has occurred to warrant modification. Councilmember Cargill seconded. Councilmembers Spencer, Folyer, and Kurtz voted in favor; Councilmembers Dunne and Cargill voted opposed. The motion passed, 3-2. Councilmember Kennedy abstained due to audio issues. Councilmember Cargill moved to move on to agenda item 7 and continue the hearing as item 13.5. Councilmember Kurtz seconded, which carried unanimously, 5-0. Councilmember Kennedy abstained due to audio issues. The public hearing adjourned at 8:26 p.m., to be resumed later in the meeting under Public Hearings / Appeals. ANNOUNCEMENTS I PROCLAMATIONS I SPECIAL PRESENTATIONS: Donation Acknowledgement Mayor Kaminskas and Bob Weise, with Rotary, acknowledged — Waste Management’s annual donation to community service entities. Police Department Awards — Police Chief Simmons and Deputy Chief Morgan presented police department awards. City Academy Recognition - Mark McAvoy, City Administrator acknowledged graduates from the recent City Academy. Councilmember Recognition - Mayor Kaminskas thanked Councilmember Folyer for his four years of service. Employee Recognition - Mark McAvoy recognized city staff who have reached 5 and 10-year milestones. REPORTS & INQUIRIES: City Council Meeting Minutes December 19, 2023 Page 2 of 5 City Council: Councilmember Dunne reported on the elected officials essentials workshop. City Administrator: Mark McAvoy, City Administrator, reviewed upcoming events and reminders, and provided council an opportunity to ask questions on the department reports. Mark then reported on the trailhead driving range project. Questions asked and answered. Mayor: Mayor Kaminskas discussed appointments the STA board. Councilmember Folyer moved to re-appoint Councilmember Dunne. Councilmember Kurtz seconded, which carried unanimously, 6-0. Councilmember Dunne moved to appoint Councilmember Cargill as alternate. Councilmember Spencer seconded, which carried unanimously, 6-0. The Mayor then reported on the GSI Legislative Session and Spokane News scavenger hunt. Library Board: Shawna Deane, Library Board Commissioner, and Jandy Humble, Library Director, presented the Library Board quarterly report. Parks & Arts Commission: Nancy Hill, Commission Chair reported on the trailhead art wall and bench, recreation fee schedule, and upcoming commission appointments. Liberty Lake Sewer & Water District: No report at this time. WORKSHOP DISCUSSIONS: No items at this time. GENERAL BUSINESS Consent Agenda Mayor Pro Tem Folyer moved to approve the consent agenda items 1OA, B, C, D and E. Councilmember Dunne seconded, which carried unanimously. 6-0. With this action, the following items were approved: 10.A. December 5, 2023, meeting minutes. lOB. December 19, 2023, vouchers and the November 16-30, 2023, payroll and benefits in the total amount of $616,409. lOG. Confirm the Mayor’s appointment of Nancy Hill to fill position 4 on the Parks and Arts Commission. 1 0.D. Confirm the Mayor’s appointment of Tom Chamberlain to fill position 6 on the Parks and Arts Commission. bE. Accept the donation from Kevin Rudeen in the amount of $25,000. Mayor Kaminskas congratulated Joni Hay and John Bahr on their appointments to the Parks and Arts Commission. Action Items: No items at this time. COUNCIL COMMENTS: No comments at this time. PUBLIC HEARINGS I APPEALS: Public Hearing - Community Events Development Code Amendment: The public hearing opened at 9:17 p.m. Amy Mullerleile, Senior Planner, provided a staff presentation including procedural summary, amendment overview, and changes since the previous workshop. She reviewed the Planning Commission Findings. Mayor Kaminskas invited public comment. No comments heard at this time. Council deliberations ensued. City Council Meeting Minutes December 19, 2023 Page 3 of 5 Amy Mullerleile reviewed the four findings of fact. Councilmember Dunne moved to affirm that the findings of fact are accurate. Councilmember Cargill seconded, which carried unanimously, 5-0. Councilmember Kennedy did not vote. Councilmember Dunne moved that the proposed amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare. Councilmember Cargill seconded, which carried unanimously, 6-0. Councilmember Cargill moved that the answer to the second criteria is yes. The proposed amendment is warranted by a change in economic, technological and/or land use conditions. Councilmember Dunne seconded, which carried unanimously, 6-0. Councilmember Cargill moved to approve the Planning Commission recommendations. Councilmember Dunne seconded, which carried unanimously, 6-0. Councilmember Dunne moved to approve the amendment and request staff to prepare an ordinance. Councilmember Cargill seconded, which carried unanimously, 6-0. The public hearing closed at 9:30 p.m. Deliberations — River District Landscape Ordinance Amendments: Staff presentation and deliberations began at 9:31 p.m. Lisa Key, Director of Planning & Engineering, presented the updates to the proposed amendments after being remanded back to Planning Commission. She reviewed the updated procedural summary and Planning Commission recommendations. Councilmember Dunne moved that we accept the Planning Commission’s recommendations and ask the staff to prepare as an ordinance. Councilmember Cargill seconded, which carried unanimously, 6-0. This matter was closed at 9:34 p.m. Public Hearing Greenstone-Initiated Request to Change the Comprehensive Plan Land Use - and Zoning Designation for the Subject Properties from RD-R and RD-M to a New Zoning Designation RD-O on —12.5 Acres, and Proposing Development Regulations Associated Therewith: The public hearing re-opened at 9:34 p.m. and deliberations ensued. Councilmember Cargill moved that the amendment is not necessary to correct an error. Councilmember Kurtz seconded, which carried unanimously, 6-0. Councilmember Spencer moved to affirm the Planning Commission’s finding that the proposed amendment is necessary to clarify meaning or intent. Councilmember Dunne seconded, which carried unanimously, 6-0. Councilmember Spencer moved to affirm the Planning Commission’s conclusion that the amendment is necessary to provide for a proposed use that was not previously addressed. Councilmember Dunne seconded. Following council discussion, the mayor called for the vote. Councilmembers Dunne, Spencer, Folyer, Kennedy, and Cargill. Councilmember Kurtz voted opposed. The motion passed, 5-1. Councilmember Cargill moved to accept the Planning Commission’s recommendation that the amendment is not necessary as being in the public interest. Councilmember Dunne seconded, which carried unanimously, 6-0. Council then deliberated specific to the zone change. Councilmember Cargill moved to extend the meeting to 10:15 p.m. Councilmember Dunne seconded, which carried unanimously, 6-0. City Council Meeting Minutes December 19, 2023 Page 4 of 5 Councilmember Kurtz moved that it does not demonstrate compliance with all applicable plan policies and map designations. Councilmember Cargill seconded, which carried unanimously, 6- 0. Councilmember Kurtz moved to deny the zone change request. Councilmember Spencer seconded. Council discussion ensued. Councilmembers Spencer, Kurtz, and Kennedy voted in favor; Councilmembers Dunne, Folyer, and Cargill voted opposed. The motion failed due to a tie. Councilmember Kurtz moved to deny the zone change and bring it back for further discussion through the periodic review of the Comprehensive Plan. Councilmember Cargill seconded. Following discussion, the motion passed unanimously, 6-0. RESOLUTIONS: No items at this time. ORDINANCES: 1st Read Ordinance No. 301: The city clerk read by title only, Ordinance No. 301, “An - Ordinance of the City of Liberty Lake, Washington, Amending the City of Liberty Lake Development Code, and the Development Code Contained in the River District Specific Area Plan.” 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. Mayor Pro Tern Folyer provided parting words, and thanked staff, citizens and council. EXECUTIVE SESSION: No items at this time. ADJOURNMENT: With there being no further business, the meeting adjourned at 10:12 p.m. p.m. These minutes were approved January 2, 2023. C’LzA /44414h. Cris Kaminskas, Mayor City of Liberty Lake Thee miñtes were prred by Kelsey Hardy. This meeting was also recorded. Anyone desiring to listen to the recording may v/sit the city’s webs/te or contact the City Clerk. City Council Meeting Minutes December 19, 2023 Page 5 of 5