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2014, 02-25 Regular MeetingMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, February 25, 2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: Dean Grafos, Mayor Arne Woodard, Deputy Mayor Bill Bates, Councilmember Chuck Hafner, Councilmember Rod Higgins, Councilmember Ed Pace, Councilmember Ben Wick, Councilmember City Staff Mike Jackson, City Manager Cary Driskell, City Attorney John Hohman, Community Dev Director Eric Guth, Public Works Director Mark Calhoun, Finance Director Erik Lamb, Deputy City Attorney Mike Stone, Parks & Recreation Director Rick VanLeuven, Police Chief Scott Kuhta, Planning Manager Mike Basinger, Senior Planner Morgan Koudelka, Sr. Administrative Analyst Gloria Mantz, Development Engineer John Whitehead, Human Resources Manager Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk INVOCATION: Pastor Mike Graef of Valley United Methodist Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Grafos led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Commute Trip Reduction (CTR) Awards — John Whitehead Human Resources Manager Whitehead said the CTR program was initiated in the early 1990's with the goal to reduce the amount of traffic congestion, pollution and use of petroleum fuels by working with employers to help employees find alternative means to commute to work. He said that through the efforts of Morgan Koudelka, Chris Thompson, and participating employees, and the City was presented with the Pinnacle Award for our consistent commitment to support the program; and said that Chris Thompson received the All Star Coach award. Sr. Administrative Analyst Koudelka, who first implemented the program with Spokane Valley, said he was responsible for our City's oversight of this program but it needed someone to "take us to that next level;" he said due to Ms. Thompson's outstanding efforts, drive alone trips from 2009 to 2013 were reduced 25 %, and we saw a 19% reduction in vehicles miles traveled. Ms. Thompson was given applause and accolades for her work. COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the STA (Spokane Transit Authority) board and executive committee meeting and said they are examining a tax increase for 2015 in order to continue with their present service and to move forward with plans for the next twenty years; said he also attended the Health Board meeting and that this year through the rotation process, he is Chair of that board and they are in the process of appointing different chairs to various health department committees, and said Council Regular Meeting 02 -25 -2014 Page 1 of 4 Approved by Council: 03 -11 -2014 they will have their first "really serious" board meeting this Thursday; said he also attended yesterday's Council joint meeting with Spokane County to discuss solid waste. Councilmember Pace: said he is on the same boards as Councilmember Hafner and attended the same meetings, and participated on the STA Planning and Development Committee meeting. Councilmember Higgins, Bates, and Wick had no report. Deputy Mayor Woodard: said he attended the "Way to Go" awards and expressed appreciation to the Mayor and Council for allowing him to present awards at that luncheon meeting; said he went to the Chamber of Commerce meeting where a coach from Eastern University talked about leadership and wining, and said the leadership as a coach model fits into many things we do in this City, said Mr. Jackson and his staff generally use that style where they take their positions seriously and that is how they lead the rest of the staff to move forward. MAYOR'S REPORT: Mayor Grafos commented on the day -long February 18 Council workshop and said there were excellent presentations by staff and department directors of the issues and challenges, and he thanked Council for their work in preparing for that workshop. PUBLIC COMMENTS: Mayor Grafos invited public comments. Mr. Dan Allison, Spokane Valley, Wa., spoke concerning the inability of large trucks to safely make especially left -hand turns on many of our roads; and via the City Clerk, distributed copies of a drawing showing some typical problems large trucks and trailers have in making some turns; and suggested having the set back moved so cars won't have to back up to give the trucks the space they need to safely navigate a turn; and said it would be easier if we cut the lane back; he spoke of the pending remodel in front of the Longhorn Restaurant and of the idea of having the concrete divider at least two feet further from where the turn lane stops. Mayor Grafos asked if Mr. Jackson would ask Public Works Director Guth to research this issue. There were no other public comments. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 02 -06 -2014 31472 -31494 $70,709.15 02 -07 -2014 4668, 4684 -4687, 4700, 31495 -31497 $273,616.53 02 -07 -2014 31498 -31503 $24,663.50 02 -07 -2014 31504- 31525, 131140012, 206140006 $1,884,263.24 02 -07 -2014 5706 -5707 $289.00 02 -13 -2014 31526- 31558, 213140015 $114,937.91 02 -14 -2014 31559 -31577 $37,210.18 02 -18 -2014 4, 4702, 4703, 4705, 4706, 31578 $72,147.25 GRAND TOTAL $2,477,836.76 b. Approval of Payroll for Pay Period Ending February 15, 2014: $304,750.16 c. Approval of Council Meeting Minutes of February 11, 2014 Regular Meeting It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Proposed Resolution 14 -003 Adopting Governance Manual — Chris Bainbridge It was moved by Deputy Mayor Woodard and seconded to approve Resolution 14 -003 amending the Governance Manual as proposed. City Clerk Bainbridge said the major changes made in the manual, which were discussed at least week's Council meeting, included ballot issues, voting for Mayor and Deputy Mayor, and Internet use; and asked if Council had any questions or areas for further discussion. Councilmember Wick suggesting changing page 8 verbiage from "Councilmembers will avoid accessing any electronic message during Council meeting" to "Councilmembers will avoid accessing any new Council Regular Meeting 02 -25 -2014 Approved by Council: 03 -11 -2014 Page 2 of 4 electronic message during Council meetings." Councilmember Wick said there are times he would like to access a previous e-mail about a topic and this language would prohibit that, and that in his endeavor to remain "paperless" would prefer not to have to print out any e- mails. There was brief discussion on this including mention from Ms. Bainbridge that the key phrase in that sentence is "during Council meetings" and that she can make any change Council desires, or leave it as is, and said that the Manual can be amended at any time. Other members of Council voiced their preference to keep the verbiage as it is in order to remain as transparent as possible, and to not create a situation where only one Councilmember has access to a single e-mail. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Grafos, Deputy Mayor Woodard, and Councilmembers Hafner, Higgins, Pace, and Bates. Opposed: Councilmember Wick. Motion carried. ADNIINISTRATIVE REPORTS: 3. Permitted Use Matrix — John Hohman, Mike Basinger The topic of the permitted use matrix, Community Development Director Hohman explained, was discussed last week and last December; and he said that Mr. Basinger and Ms. Mantz were instrumental in development of this revision, and he encouraged Council to ask any questions; he also mentioned that Council's previous action adopting interim regulations, do not exactly match the Planning Commission draft, but assured Council that if Council wants this to move to a first reading, that the draft modified language will include those interim regulations passed last week. Via his PowerPoint presentation, Senior Planner Basinger explained the rationale for these changes, and said that the matrix wasn't user friendly, was difficult to navigate, and parts were inconsistent with the Comprehensive Plan. Mr. Basinger went over some of the new use categories, discussed the modification and /or addition of definitions, and said if Council agrees, the next step would be an ordinance first reading. Councilmember Pace said he feels the matrix is easy to understand, but had some questions concerning agriculture and animals and feels selling one's home -grown produce at a farmer's market or from their home should be encouraged, and he asked if those activities were allowed. Mr. Basinger said he would have to research that question; and in response to Councilmember Pace's suggestion of allowing pigs in residential, Mr. Basinger said pigs are not currently permitted as most cities try to prohibit swine in cities, mostly due to the odor that comes from raising pigs. Councilmember Pace also asked whether there would be any difference between a large and a small scale operation and suggested having this topic included on a future agenda. Director Hohman said that at this stage, staff is predominately looking at the formatting of the matrix; that they have tried to maintain all uses and add uses where possible; and said further discussion could be scheduled for later when staff and Council review the overall comprehensive plan update which must be completed by 2017. There was also brief discussion concerning compact housing and Mr. Basinger again mentioned that staff was careful not to remove any already allowed uses; but by changing these to broad use categories, it permits greater flexibility. Deputy Mayor Woodard said he could give specifics later concerning housing. There was Council consensus to proceed to a first ordinance reading. 4. Public Works Projects Update — Eric Guth Concerning the Street and Stormwater Maintenance and Repair Contract, Public Works Director Guth explained that we are in our final year of this multiyear contract and said staff is working on drafting an RFB (request for bids) to solicit new bids for the upcoming 2015 year; he said they are also proposing a shorter term, that of five years with four, optional one -year renewals. Mr. Guth said these maintenance activities include work on potholes, patching, asphalt repair, overlays, etc.; he also mentioned his work with our legal department as well as with a consultant as this type of work does not fit well with state bidding laws; and said he hopes to have a first draft completed March 1, and advertise the bid early May. Mayor Grafos asked if there is a maximum mount and Mr. Guth said there is; he said the current contract includes snow removal but that will be a separate contract moving forward; he said we handled snow removal differently in 2007 when this contract was initially written; but now it makes sense to remove that from the road maintenance contract, which gives us flexibility in using multiple drivers; he said there is $900,000 in the pavement preservation program for maintenance and that they try to use that amount Council Regular Meeting 02 -25 -2014 Page 3 of 4 Approved by Council: 03 -11 -2014 strictly for pavement preservation. Mr. Guth said he will keep Council informed on some of those projects dealing with surface treatments and chip sealings. Concerning the Sullivan Road West Bridge Replacement project, Mr. Guth explained that under the "Right -of -Way" paragraph that we are not exactly on the right -of -way; he said a submittal was given to WSDOT (Washington State Department of Transportation) and through their review, found some policies and procedures that don't match with ours but were approved by WSDOT several years ago; he said they are working on those issues; he said they also learned that an easement is needed for the bridge; said they need some defined policies and procedures on how to negotiate with private property owners and on providing proper notice; he said there is a meeting tomorrow between FHWA (Federal highway Administration) and WSDOT to discuss the current proposal for the right -of -way and to determine where we go from here. Mr. Guth said ideally FHWA would accept our submittal, but additional work might be needed, and said it could be a timing issue; he said they are hopeful to bid the end of March, but if that gets bumped, it would move to the end of April or May; he said construction usually starts about mid June; and said all timeframes are estimates as at this time, we won't know the outcome of that review with FHWA and WSDOT until after tomorrow. 5. Advance Agenda Councilmember Pace suggested adding the topic of pigs and urban farming; and Deputy Mayor Woodard said he would like staff to contact the Fire Chief to see about a presentation to Council concerning the Pulse Point program. 6. Department Monthly Reports Department reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson said staff is reviewing the minutes from the February 18 workshop in order to schedule items for future council meetings. Mr. Jackson also mentioned the copy of a letter distributed to Council concerning AWC (Association of Washington Cities) asking for signatures from mayors to sent a letter to Washington legislators, asking that the state partner with cities to meet the commitment to provide communities with strong regulations, law enforcement and public safety protections expected by citizens when voters legalized marijuana, and that cities can't accommodate the increased needs without funding assistance, and that we feel cities should share in revenue generated from those activities. There was no objection from Council for Mayor Grafos to sign the letter, and to send it to our legislators. Mr. Jackson noted that Council's legislative agenda item concerning lien authority has changed based on feedback related to us by Ms. Briahna Taylor from various legislators' concerning the idea of placing a lien on the property; he said we feel we have a workable solution and Deputy Mayor Woodard and City Attorney Driskell will make this proposal this Thursday about the idea of contracting with the County Treasurer to collect a special assessment; and said the earlier proposed language wasn't successful because of the possible connection with property foreclosure. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:18 p.m. ATTES istine Bainbridge, iClerk /�--- Dean Grafos, M Council Regular Meeting 02 -25 -2014 Page 4 of 4 Approved by Council: 03 -11 -2014 SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING February 25, 2014 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE ' ease si n in i ou Wl 1 • ' ' 11111]1mKllllllINlll. NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL S PEAK ABOUT YOU R CITY OF RESIDENCE DA. Ai Aug SoAi 1 i 1sEG- ioktS 1203 N. Ki -gab a 92-/to Please note that once information is entered on this form, it becomes a public record subject to public disclosure. sivp twe --0475,5104.ig 1 1076 Franklin Street SE * Olympia, WA 98501 -1346 • 360.753.4137 • 1.800.562.8981 February 24, 2014 The Honorable Jay Inslee Governor The Honorable Rodney Tom Senate Majority Leader The Honorable Mark Schoesler Senate Republican Leader The Honorable Sharon Nelson Senate Democratic Leader The Honorable Andy Hill Ways & Means Chair The Honorable Frank Chopp Speaker of the House of Representatives The Honorable Pat Sullivan House Majority Leader The Honorable Dan Kristiansen House Minority Leader The Honorable Ross Hunter Appropriations Chair Subject: Mayors call on state to provide marijuana legalization enforcement and public safety protections Dear Governor and Legislative Leaders: As mayors from across Washington State, we are asking that the state partner with cities to meet the commitment to provide local communities with strong regulation, law enforcement and public safety protections expected by citizens when voters legalized marijuana. Of the eight mandates for legalized marijuana from the federal government, five fall to local jurisdictions and local law enforcement. Washington voters supported marijuana legalization with the assurance that government would implement robust oversight and enforcement. The state needs to meet these commitments to make the new marijuana laws work. To do so the state and cities must work in cooperation. The majority of marijuana sales and use will occur in our jurisdictions. This makes us responsible for overseeing permitting, code enforcement, ensuring money and drugs stay out of criminal hands, preventing distribution to minors, and addressing drugged driving and other adverse public health consequences. If the state is relying on local cities to enforce new marijuana laws, it needs to provide some of the new marijuana tax revenues to pay for it — this is a matter of common sense and fairness. It is estimated legalizing marijuana will give the state significant new annual tax revenue. We're asking for a portion of those revenues. Communities are already feeling the impacts of legalized marijuana, even before retail operations open this summer which will dramatically expand access. The state has only 69 liquor enforcement officers and they will only focus on licensing. All other oversight and enforcement falls to local governments. Cities can't accommodate the increased needs created by legalization of marijuana without funding. We can't wait, this is already having an impact and will only increase in the next few months as businesses start-up operations. Washington voters took a leap of faith and approved marijuana legalization. We have to work together if this initiative is to be implemented successfully. We have a history of partnership working together to meet the needs of our communities and state. Let's build on this track record of success going forward. We ask that the legislature take action now, before the 2014 session ends, to share marijuana revenue with cities. Sincerely,