2014, 01-21 Minutes Study Session MINUTES
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
January 21,2014 6:00 p.m.
Attendance:
Councilmembers Staff
Dean Grafos,Mayor Mike Jackson, City Manager
Arne Woodard,Deputy Mayor Cary DriskelI, City Attorney
Bill Bates, Councilmember John Hohman, Community Development Dir.
Chuck Hafner, Councilmember Mike Stone,Parks&Recreation Director
Rod Higgins,Councilmember Eric Guth,Public Works Director
Ed Pace, Councilmember Erik Lamb,Deputy City Attorney
Ben Wick, Councilmember Christina Janssen,Planner
Rick VanLeuven,Police Chief
Carolbelle Branch,Public Information Officer
Chris Bainbridge, City Clerk
Mayor Grafos called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. Mayor Grafos
then asked for a few moments of silence in memory of recently deceased former Deputy Mayor Gary
Schimmels,whose memorial service was today.
ACTION ITEMS:
1. PUBLIC HEARING--Declaring Property as Surplus—Cary Driskell
Mayor Grafos opened the public hearing at 6:04 p.m. City Attorney Driskell explained the background
and purpose of declaring the property as surplus as noted in his Request for Council Action form on this
as well as on agenda item ii3 below; and said the closing is scheduled for the first part of February
through American Title. Deputy Mayor Woodard asked if the Library District was unable to pass a bond
by 2017, what would happen to the 2.82 acres, and Attorney Driskell said that the Library would transfer
the property back to the City under the same terms as originally purchased. Mayor Grafos invited public
comments; no comments were offered and Mayor Grafos closed the public hearing at 6:08 p.m.
2. Second Reading Proposed Ordinance 14-001 Street Vacation, 13400 Block of Alki—Christina Janssen
As the had previously done on this topic, Councilmember Bates recused himself from this topic and left
the room. After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard
and seconded to approve Ordinance No. 14-001, Alki Avenue partial street vacation for an unimproved
half-width right-of-way of a portion of Alki Avenue. After Planner Janssen explained the proposed street
vacation as noted on her Request for Council Action form, Mayor Grafos invited public comments. No
comments were offered. During Council discussion Councilmember Wick brought up several issues
including our comprehensive plan local access street plan that identifies streets we are planning to
connect; said since Council doesn't see street dedications he wondered if we are giving more back than
we are getting; and said he would like to have further discussion in the future on local access in general.
City Manager Jackson explained that there each street vacation is assessed on individual circumstances,
and suggested this matter could wait if the issue is critical to Council, and added that over the last few
years, we have focused on preservation over construction of new streets. Mr. Jackson said Council can
Council Study Session 01-21-2014 Page 1 of 4
Approved by Council:02-11-2014
have a broader discussion on street vacations if that is desired. Council concurred. Vote by Acclamation:
In Favor: Unanimous. Opposed:None. Motion carried. Councilmember Bates returned to the dais.
3.Proposed Resolution 14-002 Declaring Property as Surplus---Cary Driskell
It was moved by Deputy Mayor Woodard and seconded to approve Resolution 14-002 declaring 2.82
acres of real property at the northeast corner of Sprague Avenue and Herald Road surplus with regard to
the Spokane County Library District, and authorize the City Manager to finalize and execute all
documents necessary to transfer said property to the Spokane County Library District. City Attorney
Driskell said as this item was explained during the opening of the public hearing, he is available for any
questions. There were no further questions or discussion. Vote by Acclamation: In Favor: Unanimous.
Opposed:None. Motion carried
4.Mayoral Appointments of Councilmembers to Various Committees and Boards—Mayor Grafos
It was moved by Deputy Mayor Woodard and seconded to confirm the Mayoral appointments of
Coumcihnembers to the committees and boards as listed above. The list referred to includes:
Mayor Grafos
1. Spokane Valley Finance Committee
2. Growth Management Steering Committee of Elected Officials
3. Greater Spokane,Inc. (GSI)
4. Mayors' Association of NE Washington
Deputy Mayor Woodard
1. Spokane Valley Finance Committee
2. Chamber of Commerce Board
3. HCDAC(Housing& Community Development Advisory Committee)
Councilmember Bates
1. Spokane Regional Clean Air Agency
2. Spokane Regional Transportation Council(SRTC)
3. Wastewater Policy Advisory Board
Councilmember Hafner
1. Visit Spokane(ala Convention&Visitor's Bureau)
2. Emergency Communications Board 911
3. Spokane Regional Health District Board
4. Spokane Transit Authority
Councilmember Higgins
1. Spokane Valley Finance Committee
2. Growth Management Steering Committee of Elected Officials
3. Solid Waste Advisory Committee(SWAC)
Councilmember Pace
1. Spokane Valley Governance Manual
2. Spokane Regional Health District Board
3. Spokane Transit Authority
4. Wastewater Policy Advisory Board
Councilmember Wick
1. Spokane Valley Governance Manual
2. Lodging Tax Advisory Committee(Spokane Valley)
3. Hotel Advisory Committee(TPA)
During Council discussion, Councilmember Wick asked Mayor Grafos if he would consider some
changes to the appointments: (1)with his excellent service record,to retain Councilmember Hafner on the
Finance Committee, and (2) to consider Councilmember Wick on the SRTC; he said he had an
opportunity during the last two years to build relationships with other jurisdictions and feels the could
Council Study Session 01-21-2014 Page 2 of 4
Approved by Council:02-11-2014
handle being on that committee and that he has been to some of the past meetings. Councilmember Bates
said that Councilmember Wick has a good argument and with his past experience, Councilmember Wick
would be more useful on the SRTC compared with Councilmember Bates just getting started on the
committee, and said he is open to switching that appointment with the appointment to the Governance
Committee. Mayor Grafos asked Councilmember Wick if he would be agreeable to that switch, and if he
had time to devote to SRTC since he has a full-time job. Councilmember Wick said he would be
agreeable to the switch and that he has already worked this out with his employer. Mayor Grafos said he
has no problem making that recommendation change. Concerning the proposed change on the Finance
Committee, Mayor Grafos said he would like to stay with his recommendation of Councilmember
Higgins; that Councilmember Hafner has done a great job but that feels those committee members should
rotate a little, adding that Mr. Higgins has a background in finance. Councilmember Hafner said he was
taken aback a little by the recommendation and said he had requested two years ago to be on the Finance
Committee due to his experience; but that he would go along with the Mayor's recommendation. There
was no further discussion and Councilmember Wick moved to amend the motion to include
Councilmember Wick and Councilmember Bates changing the two committees, with Councilmember Wick
moving to the SRTC, and Councilmember Bates moving to the Governance Manual Committee. The
motion was seconded and passed unanimously to amend the motion. Vote on the final amended motion to
confirm the Mayoral appointments as shown on the list with the exception of switching Councilmember
Bates to the Governance Committee, and Councilmember Wick to SRTC: In Favor: Mayor Grafos,
Deputy Mayor Woodard, and Councilmembers Higgins, Wick, Bates and Pace. Opposed: Councilmember
Hafizer. Motion carried.
NON-ACTION ITEMS
5.Initiative 502(Marijuana legislation)—Erik Lamb
Deputy City Attorney Lamb explained that proposed legislation House Bill (HB) 2322 was introduced
and would require local jurisdictions to cooperate with the Liquor Control Board (LCB) concerning the
establishment of recreational marijuana facilities and to treat those facilities the same as other businesses;
he said HB 2322 would prohibit local jurisdictions from taking any actions including enacting regulations
pertaining to business licensing, zoning, or land use that would prevent or impede the establishment of
commercial recreational marijuana facilities within their Iocal jurisdictions; and if the local jurisdiction
took such action,the LCB would be authorized to penalize the local jurisdiction by making it ineligible to
receive any funds from the liquor revolving fund and liquor excise tax fund; and said the LCB would also
be entitled to bring legal action to require the local jurisdiction to comply.
Mr. Lamb explained that the Attorney General (AG) released an opinion leaving counties and cities free
to regulate or even ban pot-selling businesses inside their jurisdictions as under our state's constitution,
cities have the authority to adopt laws that are not in conflict with general Iaws, and said that in the
Attorney General's opinion, initiative 502 does not conflict with local jurisdictions' regulations. Attorney
Lamb said that AG Opinion states that there is a strong presumption against finding that state law
preempts local ordinances; and includes no clear indication that it was intended to preempt local authority
to regulate such businesses. Attorney Lamb also noted that an AG Opinion is not a judicial decision, is
advisory only, and is subject to legislative change. Mr. Lamb said that HB 2322 was introduced before
the AG Opinion, and it would require local jurisdictions to cooperate in siting facilities and would
prohibit preventing or impeding the establishment of those businesses. Mr. Lamb said staff is not
attempting a ban or moratorium, but that we are contemplating regular zoning of marijuana.
There was some brief discussion concerning the inconsistencies between medical and recreational
marijuana and Mr. Lamb noted the legislators are working to bring medical more in-line with
recreational; and said previously this Council determined to see what the legislators do before making a
decision; that we could enact regulations over parts of the processing; and said the Liquor Control Board
is discussing about leaning heavily on local jurisdictions due to lack of resources at the state level; and
Council Study Session 01-21-2014 Page 3 of 4
Approved by Council:02-I 1-2014
said there has been at least one bill introduced to provide assistance with enforcement, and said he has not
reviewed the bill in detail; and said we could look at additional limitations or restrictions to impede access
to minors. Councilmember Pace stated that the illegal market takes place in parks and said he would like
further discussion and study on some of those issues. Councilmember Wick asked if we could use this
legislation to clarify trails or parks and Mr. Lamb replied that we could, subject of course, to any future
legislation. At Council's request, Mr. Lamb also briefly explained the application process. The topic of
shared revenues was mentioned and Mr. Jackson said that issue could also be discussed further at the
February 4 council meeting. As the Attorney General's opinion explains that we have the authority to
create zoning legislation, Mr. Jackson said we could discuss that further as well including any additional
restrictions on linear trails and/or future school sites.
6.Advance Agenda--Mayor Grafos
Deputy Mayor Woodard and Councilmember Wick asked about adding the topic of legislative issues to
the February 4 council meeting; several Councilmembers said they would like further review on the
Appleway Trail; and Deputy Mayor Woodard suggested discussion concerning road preservation and
associated funding. City Manager Jackson said those issues were included in the 2014 budget, and we
can have public works review the preservation schedule at an upcoming meeting.
7.Information Only Items
a. Department Monthly Reports, and b, Transportation Improvement Plan 2014 Update were information
only and were not reported or discussed.
8. Council Check-in—Mayor Grafos
There were no additional comments from Council.
9. City Manager Comments--Mike Jackson
There were no additional comments from City Manager Jackson.
10.Executive Session, Litigation
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into Executive
Session for approximately thirty minutes to discuss litigation and that no action would be taken upon
return to open session. Council adjourned into Executive Session at 7:07 p.m. At 7:26 p.m., Mayor
Grafos declared Council out of Executive Session, at which time it was moved by Deputy Mayor
Woodard, seconded and unanimously agreed to adjourn.
soir
AT S •: Dean Grafos,Mayor
C nistine Bainbridge, City Clerk
Council Study Session 01-21-2014 Page 4 of 4
Approved by Council:02-11-2014