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2014, 04-22 Regular Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,April 22,2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff: Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard,Deputy Mayor Cary Driskell, City Attorney Bill Bates, Councilmember Mark Calhoun,Finance Director Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney Rod Higgins,CounciImember John Hohman, Community Development Dir. Ed Pace, Councilmember Carolbelle Branch, Public Information Officer Ben Wick, Councilmember Chris Bainbridge, City Clerk INVOCATION: Pastor Isaac Hebden of the Intersection Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, Staff, and the audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Couneilmembers 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: n/a PROCLAMATIONS: Because of a conflict in schedules, the proclamations were read prior to the committee reports so that those accepting the proclamations could leave to attend another meeting. Mayor Grafos read the National Drug Endangered Children Awareness Day Proclamation, which was accepted with thanks and appreciation by Ms. Linda Thompson of the Greater Spokane Substance Abuse Council. Mayor Grafos then read the Workers Memorial Day Proclamation, which was accepted with thanks and appreciation by Ms.Kay McGlocklin on behalf of the Spokane Regional Labor Council. COMMITTEE,BOARD, LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the Board of Health Staff Awards with awards given to those dedicated people who have served five, ten, fifteen, twenty, and some almost thirty years; mentioned that Visit Spokane, which is the hotel/motel organization that geographically represents all us of, is preparing for the marijuana rush of people dedicated to the smoking of marijuana, in booking rooms for marijuana conferences and weekends, and said he is hopeful there are enough restrictions to protect the kids; attended the Board of Health Executive Board Meeting which he explained sets out the agenda for the following week and said they will be dealing with the evaluation of a health officer as required by statute; lie said the STA (Spokane Transit Authority) Board meeting continues to discuss possibilities of placing an additional sales tax measure on an upcoming ballot next year; and said he also attended a SCOPE Board meeting. Councilmember Pace: said that he also attended the Health Board Meeting and as part of his orientation, went on a field trip to Northwest Seed and Pet for a mock inspection so he could learn what they do, and said he was impressed with their professionalism and dedication; said he attended the STA Board meeting and went on a long bus ride with the Director of Planning Karl Otterstrom; said he went to the Providence Council Regular Meeting 04-22-2014 Page 1 of 5 Approved by Council: 05-13-2014 Medical Center dedication which included hearing a history of the valley, which he said will be read at the beginning of the May 6 council meeting; and said he attended the Chamber of Commerce Breakfast meeting. Councilmember Higgins: said he went to the Fair Housing Conference, the Providence Open House, and the Solid Waste Advisory Committee meeting. Councilmember Bates: reported that he also attended the Fair Housing Conference,which was an all-day session with lots of governmental agencies in attendance, and said elected officials were there to get "up to speed" on some of the new legislation and rights concerning fair housing and zoning; said he also attended the Providence ribbon cutting ceremony, and went to a SCOPE Board of Directors meeting. Councilmember Wick: said lie attended the SRTC (Spokane Regional Transportation Council) Retreat where lie learned about planning; said as part of that (SRTC) Monthly Report, they learned that the United States Department of Transportation Highway Trust Fund anticipates running out of funds by about July; said he attended a retirement celebration for outgoing GSI (Greater Spokane, Inc) Director Rich Hadley; and said he participated on the AWC (Association of Washington Cities) Quality Communities Scholarship Selection Committee; said they got 59 applications which would be narrowed down to four to each receive a$1200 scholarship,and said he was very impressed with the applicants. Deputy Mayor Woodard: said he went to the "Hope that Illuminates" interesting exhibit about the Depression, which is on display at the library on Hawthorne; said as a realtor he is a member of the Spokane Mortgage Lenders Association and they heard an interesting presentation from SNAP, which deals with HUD Certified Housing Consultants that help people in default or behind in their mortgage payments, and he gave some statistics on the percentage of foreclosed properties on the market. MAYOR'S REPORT: Mayor Grafos said lie participated in the welcome/ribbon cutting of Providence Medical Park; said their $44 million dollar facility was built in eighteen months and said representatives from Providence were very complimentary about the assistance they received from our community development staff; and said he also went to the GSI Board meeting and Mr. Hadley's last meeting, and said it appears Mr. Hadley's replacement has been chosen. PUBLIC COMMENTS: Mayor Grafos invited public comment. Michael Groff, said he spoke before Council several weeks ago about his "tire wall" situation, said the situation has been remedied and he thanked Council and several members of staff including Mr. Scott Kuhta and Mr. Cary Driskell for their assistance; and on a different subject spoke of the need for a stop sign at Greenacres and Boone Road, said a sign used to be there but isn't any more. I. CONSENT AGENDA: Consists of items considered routine which are approved as a ,erorrp. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately.Proposed Motion:I move to approve the Consent Agenda. a. Approval of claim vouchers on April 22,2014 Request for Council Action Form Totaling: $2,277,017.72 b.Approval of Payroll for Pay Period Ending April 5,2014: $310,805.07 c.Approval of April 1,2014 Study Session Council Meeting Minutes d.Approval of April 8,2014 Formal Format Council Meeting Minutes e. Reappointment of Jody Sander to Tourism Promotion Agency In response to Mayor Grafos' question if any Councilmember wished to remove an item from the Consent Agenda, Councilmember Pace asked that item le be removed to discuss separately. It was then moved by Deputy Mayor Woodard, seconded and wmanimously agreed to approve the Consent Agenda minus item le. Councilmember Pace asked about the process for making this appointment as well as what the TPA has done for us as and their goals for next year. After brief Council discussion, it was decided that tonight's appointment and the issue of the goals and duties of the TPA were two separate issues, and that the latter issue could again be brought up under tonight's Advance Agenda discussion. Several Councilmembers mentioned Ms. Sander's dedication to the commission and of her past experience as a member. It was then moved by Deputy Mayor Woodard, seconded and unanimously agreed to confirm Council Regular Meeting 04-22-2014 Page 2 of 5 Approved by Council: 05-13-2014 the Mayoral appointment of Jody Sander to the Tourism Promotion Area Commission for a three-year terra effective May 1, 2014. NEW BUSINESS: 2. Second Reading Ordinance 14-004 Adopting Marijuana Regulations Findings of Fact—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded, to approve Ordinance No. 14-004 adopting findings of fact and amendments to mot-10) the interim marijuana regulations originally adopted pursuant to Ordinance No. 14-002. Deputy City Attorney Lamb briefly went over the background of this process, said the Findings of Fact justify the regulations and that the ordinance allows for limited production for indoor only and limited processing for bagging in regional commercial and community commercial zones; and said there is a slight change from the first reading from amending section 19.120.010 to now amending 19.120.050 which he said reflects the change in the new consolidated use matrix; he said the maps, although not an official part of the ordinance, have also been updated to reflect the property that was purchased from the City in the last six months by the Library. There was sonic brief discussion about labeling and serving regulations and guidelines, as well as warning labels for the products. Mayor Grafos invited public comment. Keith Peterson said that regarding a comment about kids going to school smoking pot,that they can do the same thing with alcohol as alcohol is right there in their home; said he doesn't see a big problem with that and it shouldn't be any more of a problem with marijuana; said he owns Greenacres Liquor Store, said he paid a lot of taxes to have the road widened, sidewalks, trees, and bike lanes added, and said he doesn't know why Council is even considering making a trail in addition to all that; said the place he wants to open is next to his liquor store; that it was formerly a bank so it has vaults, safes, and is very secure and that lie doesn't think he'd have a problem with people trying to break in; and he mentioned some of the regulations set up by the Liquor Control Board; said he had intended to hire twenty people to help run his new business so it would bring jobs. There were no other public comments. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 3. Proposed Resolution 14-004,Appleway Trail Grant—Mike Stone It was moved by Deputy Mayor Woodard and seconded to approve Resolution 14-004 authorizing staff to apply for an RCO Washington Wildlife and Recreation Program grant for the Appleway Trail Phase 2B, Public Works Director Guth, standing in for Parks and Recreation Director Stone, went over the background of this proposal as noted in the April 22, 2014 Request for Council Action form. Mayor Grafos invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried 4. Motion Consideration: Bid Award,Adams Road Resurfacing 4th to Sprague--Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the Adams Road Resurfacing 46 Avenue to Sprague Avenue Project to the lowest responsible bidder, Spokane Rock Products in the amount of $196,315.85 and authorize the City Manager to finalize and execute the construction contract. After Mr. Guth explained the proposal, Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried PUBLIC COMMENTS: Mayor Grafos invited public comments;no comments were offered. ADMINISTRATIVE REPORTS: 5.Noxious Weeds Board Assessment—Cary Driskell Via his PowerPoint presentation, City Attorney Driskell explained several components of the Spokane County Noxious Weed Control Board, including its authority, board composition, funding options, the effect of our City's and the City of Liberty Lake's incorporation on collections, the Board's current assessment formula, proposed assessment formula, and budget. Mr. Driskell also noted that the Board has scheduled a public hearing for May 21 to take testimony, and then deliberate on a proposed Council Regular Meeting 04-22-2014 Page 3 of 5 Approved by Council: 05-13-2014 assessment formula change, and said he plans to attend that hearing. Concerning the effect of our City's incorporation, Mr. Driskell explained that since 2003 the Board annually collected between $90,000 and $95,000 from our residents, which works out to approximately fifteen times more than what the City of Spokane pays; said the Board became aware of their lack of authority to charge our and Liberty Lake's residents around 2013, He also explained that since the County became aware of the lack of authority to charge us, they changed their code to expressly authorize assessing residents in Spokane Valley and in Liberty Lake, at the rate of $3.00 per year per resident. Mr. Driskell said that staff from both cities requested an equitable assessment system but were told that budgets had been set for 2014. However, he explained that staff met with the Board last February to urge their consideration of an equitable assessment beginning in 2015,and the Board agreed and on April 15, 2014,proposed keeping the per acre charge but to reduce it from $3.00 to $2.00, and have that applicable to every parcel in the County, whether or not in an incorporated area. Mr. Driskell said if the new formula is adopted, it would increase the Board's operating budget from $425,525 to about$485,000, or 16%, and that the funds would be used to purchase technology upgrades and to focus more investigating time in urban areas. Discussion ensued regarding the budget with Councilmember Wick stating that the figures don't seem to add up, and questioning the amounts for the City of Spokane, which he said is about twice the size of our City. Mr. Driskell mentioned that bigger parcels pay more, but he doesn't have the statistics on those figures. Mr. Jackson said staff could review that information and perhaps ask that the new total assessment not increase by more than $60,000; adding that staff will research this further. There was also discussion about what constitutes a parcel, what are the noxious weeds, enforcement issues or lack thereof, a desire that the assessment should be the same for all, and a request that staff get more data in terms of what was done in the past, to gather their maps and methods for weed control and eradication, and to get a copy of their 2014 budget. Mayor Grafos said he feels the program is a good one, but doesn't agree with our City paying a fee fifteen times greater than the City of Spokane. Concerning suggested input for Mr. Driskell when lie attends the May 21 hearing, the main issue would be fairness in the agreement, and Mr. Driskell said since the Board has the authority under state law,they don't need an agreement from us; and lie noted that there were no other representatives from other cities at the previous meeting the attended, so Board representation might also be an issue to address. 6. Gender Identity and.Public Restrooms—Cary Driskell As per the April 22, 2014 Request for Council Action, City Attorney Driskell explained that a member of the public had previously commented regarding the legality of men dressed as women using women's public restrooms, and whether we could adopt a Code provision prohibiting that use. As noted in his PowerPoint presentation, he explained that such code provision would be in opposition to Washington's law against discrimination,which includes prohibiting discrimination based on gender identity. 7. Advance Agenda—Mayor Grafos Suggested topics for upcoming agendas included the TPA (Tourism Promotion Agency) as well as lodging tax distribution and process and the various aspects of the Interlocal Agreement along with the idea of requiring the fund recipients to include performance measures; solid waste was also suggested as a future topic, with Mr. Jackson explaining that the County had set April 30 as the deadline, which has since been extended to about mid-May; and another suggestion was to cancel the fifth meeting in July, and there were no objections to that idea. Information Only Items: The (8)Department Monthly Reports, (9)Appleway Landscaping Phase 1, and (10) Comprehensive Plan Amendment 01-14 (Mirabeau Parkway parcel) Staff Clarification were for information only and were not reported or discussed. Council Regular Meeting 04-22-2014 Page 4 of 5 Approved by Council: 05-13-2014 CITY MANAGER COMMENTS Mr. Jackson had no additional comments. It was proved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:00 p.m. Dean Grafos,Mayor Christine Bainbridge, City Clerk /J\ Council Regular Meeting 04-22-2014 Page 5 of 5 Approved by Council: 05-13-2014 ;GENERAL PUBLIC COMMENT SIGN-IN SHEET , SPOKANE VALLEY CITY COUNCIL MEETING April22, 2014 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ABOUT /i/L "' 4-1 4.--e,/ evk Ly`g .----- -------L,-------1 i-A--- Please note that once information is entered on this form, it becomes a public record subject to public disclosure.