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2014, 06-10 Regular Meeting MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,June 10, 2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: ON Staff: Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard,Deputy Mayor Caly Driskell, City Attorney Bill Bates, Councilmember Mark Calhoun,Finance Director Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney Rod Higgins,Councilmember John Hohman, Community Development Dir. Ed Pace, Councilmember Eric Guth, Public Works Director Ben Wick, Councilmember Mike Stone, Parks&Rec Director Lori Barlow, Senior Planner Rick VanLeuven,Police Chief Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk INVOCATION: Pastor Al Hulten of Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE: Council, Staff, and audience rose for 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: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Bates: reported that he attended the Public Service Award Presentation for Senator Mike Padden at the Valley Precinct, which award was presented by the National Highway Traffic Safety Administration in recognition of Senator Padden's long work as a senator and judge, to end tragedies related to alcohol abuse and DUI(driving while under the influence); said he went to the Spokane Clean Air Board meeting where they learned that the current director wants to retire this fall so the work has started to try to find a new director; attended the 9-1-1 Community Board meeting where the topic of the six-hour failure of 9-1-1 was again discussed, and he mentioned our community's Crime Check, which was used as a backup, and said the cause of the downtime is still being investigated; he also mentioned the upcoming change in technology in order to allow texting of 9-1-1, and said it will likely be implemented next spring. Councilmember Wick: said in preparation for his SRTC (Spokane Regional Transportation Council) meeting this coming Thursday, funding for Phase 2B Appleway Trial is being recommended, and he stressed that this is not the finalization, but would be a recommendation for approval. Deputy Mayor Woodard: no report Councilmember Higgins: no report Councilmember Pace: said he toured the Spokane Valley Partners' facility and was impressed with their operations; attended a Health District meeting and he mentioned the possible shutting down of the bio- terrorism lab due to lack of federal funding, and that the Health District voted to fund it within the District Minutes Regular Council Meeting 06-10--2014 Page 1 of 5 Approved by Council:06-24-2014 during the short term; went to the Pioneer School Annual Festival; in connection with the Health Board observed a temporary food event health inspection; went to an informal meeting of the Greenacres Neighborhood group to hear concerns about the Mission Trailhead; participated in the STA (Spokane Transit Authority) Planning meeting where they recommended a $4.7 million upgrade to the downtown Plaza, and said the upgrade would not be done by imposing new taxes; went to Senator Padden's presentation; and attended an informal meeting of people from different organizations concerning affordable housing. Councilmember Hafner: reported that the Board of Health had its annual budget report for 2013 and they are financially well-off and meeting all obligations; lie too spoke of the bio-terrorism lab and of its approximate $200,000 cost to run, adding that not having materials to test is a concern; he said they continue the process of the annual evaluation of the health district officer, and mentioned the recent past "E.coli" outbreak(Escherichia coli) at an area restaurant, said it was caused by bean sprouts and that it is now under control and that it was this restaurant's second violation; said also that the Health District is working on a governance manual; said he met with the STA Performance Committee as they examine their funds. MAYOR'S REPORT: Mayor Grafos reported that he attended Senator Padden's award, and went to the Homebuilder's Governance Board meeting where they talked about growth. PUBLIC COMMENTS: Mayor Grafos invited public comments. Mr. Scott Maclay spoke concerning his desire that our city form a citizen committee to examine the option of having our own police department; he referenced a handout lie gave to Council earlier about an article he put in the newspaper years ago concerning having our own police force, and that the goal was to save taxpayers' money; said there is no reason not to have our own police department and it saddens him that we pay so much for our law enforcement; said he was on a citizen committee prior to this city's incorporation, and he'd like to participate should council decide to form another committee; and said he feels the time has come for Spokane Valley to have its own police force. 1.PUBLIC HEARING: Amended 2014 Transportation Improvement PIan(TIP)—Steve Worley Mayor Grafos opened the public hearing at 6:19 p.m. Public Works Director Guth, standing in for Engineer Worley, explained the need to amend the 2014 TIP as per the amended project list. After brief discussion about some of the projects,Mayor Grafos invited public comment. No comments were offered and Mayor Grafos closed the public hearing at 6:23 p.m. 2.PUBLIC HEARING: Proposed 2015-2020 Six Year Transportation Improvement Plan—Steve Worley Mayor Grafos opened the public hearing at 6;24 p.m. Public Works Director Guth, standing in for Engineer Worley, explained that this is the current proposed six year TIP, and we are required by state law to hold a public hearing and have this adopted no later than June 30; he said Council will see the proposed resolution to adopt this plan at the June 24 council meeting. Mayor Grafos invited public comment. Mr. Peter Higgins said that concerning this plan and Barker Road, that the extension of Chapman onto Barker was a condition of a development called Morningside Heights with about 450 units or lots; said by the time they were about twenty percent through the project, they were supposed to have the road completed; said today's traffic is just a small percentage of what's coming; said the County has a new application for another 150-plus lots on the top of the hill, which will make a total of over 600 Iots, and that likely each of those lots would have people with two cars; said the extension of Chapman was built to keep the traffic off Sullivan;that Chapman was the intention of the County about ten years ago to take the traffic off the 32nd hill and Chapman and run it down Barker and that Barker Road would become a main route off 32nd; said all these new lots means about 1200 new vehicles a day one way off that hill; said Barker Road has been pushed aside for over twenty years and it was about twenty years ago that the County started collecting money for turn lanes at the four-way stop; for Turtle Creek, that was one of the conditions; lie said everything got bargained and turned around; he said he does not understand when that Minutes Regular Council Meeting 06-10--2014 Page 2 of 5 Approved by Council:06-24-2014 intersection was torn up from corner to corner, that there were no plans for those turn lanes to be put in and now it is a joke as you can't get around the corner if you have anything other than a standard vehicle, as traffic has to be brought to a stop. There were no further public comments and Mayor Grafos closed the public hearing at 6:30 p.m. 3. 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. Proposed Motion:I move to approve the Consent Agenda. a. Approval of claim vouchers on June 10, 2014 Request for Council Action Form, Totaling: $2,422,835.45 b. Approval of Payroll for Pay Period Ending May 31,2014: $430,472.55 c.Approval of May 20, 2014 Study Session Council Meeting Minutes d. Approval of May 27, 2014 Regular Formal Council Meeting Minutes It was moved by Cowmcilmember Pace, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 4. Second Reading Proposed Ordinance 14-005, Comprehensive Plan Amendments—Lori Barlow After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance NO. 14-005. Senior Planner Barlow reminded everyone that this ordinance denies CPA 01 and 03, and approves the remaining amendments as proposed. Mayor Grafos invited public comment. Ms. Debra Farnsworth said that in traveling south on Barker Road, she notices the traffic as people get off from work, or on Sundays as church services end, or in the winter when there's no place for cars to get on the side of the road; said when the apartment manager previously spoke on behalf of Viking properties and their pristine complex, there is no reassurance they won't sell the complex to someone else. Mr. William Currier thanked Council for looking at the area and for Iistening to the citizens. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5. Second Reading Proposed Ordinance 14-006,Zoning Map—Lori Barlow After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance No. 14-006. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed'None. Motion carried. 6. Motion Consideration: Centennial Trail Agreement—Mike Stone It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute the Centennial Trail Cooperative Agreement. Parks and Recreation Director Stone went over some of the history of the creation of the trail and agreement and of our eventual involvement once we incorporated; said the jurisdictions with the assistance of the Friends of the Centennial Trail worked closely together to provide this service to the community. Mr. Stone said the trail is now over twenty years old. Mr. Stone mentioned significant improvements in this new draft agreement which has been updated to reflect current maintenance trends, costs,trail conditions and responsibilities; and requires that each party make an annual lump sum payment of$20,000 to the Trail Maintenance Fund by February 1 of each year, beginning in 2015; and said the group will also work together to develop a six-year capital program, adding that any projects under this fund must receive unanimous agreement from all parties. Mr. Stone mentioned the additional change as shown on his track-changed Exhibit 2, which adds a subsection 9 to describe what happens to the money fi the agreement is terminated. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor. Unanimous. Opposed: None. Motion carried. Minutes Regular Council Meeting 06-10--2014 Page 3 of 5 Approved by Council:06-24-2014 PUBLIC COMMENTS: Mayor Grafos invited public comment. Mr. Peter Higgins said that Councilrnember Wick, as a member of the SRTC is likely aware of the rail traffic issue and that bridging the valley is pretty much off the table; said he feels every jurisdiction needs to hammer it every chance they get; said he feels Union Pacific Railroad would love to bring coal into this area and that we need to make sure all government entities and legislators are having their say about this issue; if they build those terminals, the northern eastern part of Spokane County will become a dead zone; said the railroad won't do anything about this issue and most government entities have forgotten about it; but there won't be businesses or other development if people can't get across the valley. Mr. Ray Ward, 9th Avenue: mentioned the semi-truck in residential areas and asked if the proposed limit of 20 feet was overruled. Mr. Robert Ashley said most pickups are 22 feet; that truckers as a comtnunity normally try to be considerate of neighbors,and that a tractor just coming home by itself should be no big deal especially parking on their own property. ADMINISTRATIVE REPORTS: 7.Noxious Weed Control Board—Cary Driskell City Attorney Driskell brought attention to the map on the whiteboard, which he explains represents the number of individual weed violations per property for the year 2013; said it has a detailed legend identifying the type of weed, and said this map would be available in the Clerk's office for the next few weeks if Council wants to take a further look at it; said tonight's agenda item is to follow-up the discussion of his previous administrative report several weeks ago. Via his PowerPoint presentation, Mr. Driskell explained the legal authority for the Noxious Weed Control Board, the Board's composition, funding options, assessment formula, the effect of our incorporation and the new proposed assessment formula, as well as objection letters the County received from other cities concerning the assessment of receipt of services, as well as the Board's recommendations. Mr. Driskell said that since incorporation, Spokane Valley property owners paid about $95,000 a year for noxious weed control; Liberty Lake property owners paid about $9,000 a year, the City of Spokane pays a lump sum of$6,000 a year and individual property owners don't pay the assessment. Mr.Driskell mentioned that a civil suit was filed by Liberty Lake Mayor Steve Peterson, in his capacity as citizen and not mayor, along with others and that it has become a class-action suit on behalf of more than 50,000 property owners in Spokane Valley and Liberty Lake. Mr. Driskell said as noted by the previously mentioned figures, we pay the predominant amount. Mr. Driskell said the suit is based on the County's lack of legal authority to impose those assessments; lie said there are in essence, three sections of this issue: for the year 2013 and before, for the year 2014, and for 2015 and beyond; he said this did not get addressed by the County in 2013, but lie received a commitment from the Weed Board that they would look at that and that the Board recognized it was unequal and unfair to Spokane Valley and Liberty Lake citizens. There was discussion concerning a refund to our citizens and that that is not plausible; perhaps a fair adjustment would be for our citizens to pay zero; and comment from some members of Council of their desire to have a resolution to submit to the County, for example, that states that our citizens would pay $1,00 a year per parcel. After further discussion including whether the services were worth the $95,000, it was determined that we will wait to see the outcome of the lawsuit before pursuing this issue further. 8,Advance Agenda—Mayor Grafos. There were no additions to the Advance Agenda. INFORMATION ONLY The (9) Eighth Avenue Reconstruction, and (10) Highway Safety Improvement Program Grant were for information only and were not reported or discussed. CITY MANAGER COMMENTS Mr. Jackson mentioned next week's budget workshop and said the Finance Committee will be meeting tomorrow to go over the worksheets. Minutes Regular Council Meeting 06-10--2014 Page 4 of 5 Approved by Council:06-24-2014 11.EXECUTIVE SESSION: [RCW 42.30.110(1)(i)] Potential Litigation It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into Executive Session for approximately thirty minutes to discuss potential litigation and that no action will be taken von return to open session. Council adjourned into Executive Session at 7:22 p.m. At 7:46 p.m., Mayor Grafos declared Council out of Executive Session, after which it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. A . . S/'; D ratos or VA- . ,. ,, hristine Bainbridge,City Clerk Minutes Regular Council Meeting 06-10-2014 Page 5 of 5 Approved by Council:06-24-2014 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING June 10, 2014 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIMI+1 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 rUr �'rlt� 1 drO&/2 �!!ce Vet t� /�'.Yrnr� Please note that once information is entered on this form, it becomes a public record subject to public disclosure. (1/41P SPOKANE VALLEY CITY COUNCIL MEETING June 10, 2014 PUBLIC HEARING SIGN-IN SHEET SUBJECT: Proposed 2015-2020 Six Year Transportation Improvement Plan Please sign below if you would like to speak at the PUBLIC HEARING. PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME Your City of Residence PLEASE PRINT ID --e.--+6-- .-.-.;,99' ,, .4 -), (1,0 ( 6.'elt e--• S'ItAel ly Please note that once information is entered on this form, it becomes a public record subject to public disclosure. 1 } - 1i. August 22, 2002 Subject: An open letter to the citizens of the Spokane Valley • s The Sheriff's Department has submitted acost of over 12 for which theyiliraveolnot provided anlars to the naccuratedary Review V'!. +x, Board's Feasibility Committee on Incorporation accounting or explanation to the citizens of the Valley, �.1 The Sheriff's Department is now preparing to open a new,two-million dollar law enforcement .s•' precinct in the Dalley, based on their own crime statistics,for which they,again,have not } r provided an accurate accounting or explanation to the citizens of the Valley. The Sheriff's Department cannot,at this ti a provi provide ©a curevefuture ate oup role in ti7e Valley.or anion fey t `, either of these significant outlays for their past, present, , they have not learned from their mistakes in dealing with the new City of Liberty Lake _ , In the meantinme, it is my opinion the Sheriff's Department is privately(or working behind the .', r scenes)endorsing candidates who will support contracting with herShihose Department. tm ent. I with r believe the Sheriff's Department's Deputies'Association is supporting i i significant financial contributions.And,finally, other County officials are passing on their .: 'I endorsements accordingly. he ity It is myopinion that these are unwarranted interference's in the Valley.,I believe lieethey to the efficiencies mandate of the h the voters,in both P process,and all those working diligently towards these goals,andregard those who voted for, and, especially,those who voted against incorporation. .,,-. . above it is my opinion that the Sheriff's Department and Spokane Countycodnttin ie tof eerinvol ninvolved ninformation.clear case of pub- 1, As{stated , 1 lie misconduct,or they are c[ear!y interfering and undermining the transition proc Y e , `.+ Sure4 there must be an accurate accounting and an explanation for the eset significant gniiiica tes that outlays the at! an vebe r videditoth later'.s Y .;,, Safety Transition Sub-Committees as they work towards providing t r� mined to be contracting with the Sheriff's Department. I say, let them earn it,and not buy the candidates who are demonstrating a I - ! clear disregard for the transitional process and the potential cost saving efficiencies to the rest of us. ional a d its T The few candidates,ts I believe who are accepting these thepotential neffic enc es that could otherwislling-out"the e result.And,heytare"selling-out"j'y all the restofus who are working diligentlytere �_�'� to other public servants with vested interests, regionalists,who are unwilling to otherwise earn their role in our new future.This is not politics as usual. t „ These candidates probably believe they are accepting endorsements and money to be fair and open-minded. Do these select candi- f,rcern ebelieve they need toIaccept endorsements hd contribhutions,as onlyisele�ed a be air and very few of tlemded in sslater, and earch of smajor majority on the' cern these candidates that,as I believe,the SheDepartment Fei ,,f,.;: new city council? a:-1 . I.! andprecinct Because of these aforementioned abuses from the enew Valley City I am ICounciLng the CLet us noounty t forrget that we have had a Valleyssioners to open the new llp s s � before, ed this newd on a final determinationlyurf ti�, ,� before,and this effort really only surfaced with our most recent effort to incorporate.We paid for it,or at least the majority ofit, 1,147-*.:.V; .1 ,�".``,_4'��{<;- for our own benefit,and for the needs of our community.And, like the Pavilion Park in Liberty Lake,let us now determine what is in 1. " our best interests,free of vested, outside,interests and their select candidates. ff's t,and And,finally,any candidates who have accepted endoa�er' ts theand contributions back. Anthe d,hlenrrpfea eljoin the rest ofusheCounty transi- tion ra ssi- i^`=. officials,should simply renounce the endorsements give tion process in the diligent search for providing the best level-of-services,at the best cost,and the best efficiencies to the citizens of the Valley. to : ,4:',4,-1-1 • „}_ .V Sincerely,. .---- Scott Maclay City Council Position#5 i. Paid for by Scott.Maclay tv5', µ>,; Valley Yes!Valley First! ` ' ; f ;4 2222 S. Collins Ct,Spokane WA 99216 891-2022 Exhibit 2 Trail Maintenance Fund A MAINTENANCE FUND FOR THE SPOKANE RIVER CENTENNIAL TRAIL SHALL BE CREATED. STATEMENT OF MUTUAL INTEREST AND BENEFIT WHEREAS, the Parties desire to work together to create a Trail Maintenance Fund in order to preserve the recreational values of the Centennial Trail and to bring additional recreation and economic value to the area; and WHEREAS, the Centennial Trail is a valued regional resource Iinking communities from Coeur D'Alene, Idaho to Nine Mile Falls; and WHEREAS, the Trail Maintenance Fund shall become a component of the Interagency Cooperative Agreement to cooperatively manage and maintain the Trail; and WHEREAS,the Interagency Cooperative Agreement spells out the obligations of the parties related to routine maintenance and law enforcement; and WHEREAS, the Trail is over 20 years old and the maintenance obligations are increasing as the Trail ages; and WHEREAS,the Trail is in need of capital repairs to maintain current trail usage; NOW THEREFORE, in consideration of the mutual benefits to be derived, the Parties hereby agree to create a Trail Maintenance Fund for the Spokane River Centennial Trail to be jointly administered by the Parties for the maintenance of the Spokane River Centennial Trail. This fund is primarily intended to address preventative maintenance needs that Parties cannot cover as part of the routine maintenance specified in the Interagency Cooperative Agreement and to address capital repairs. I.PARTIES In addition to the Parties to the Interagency Cooperative Agreement, a representative of the Friends of the Centennial Trail (FCT) shall be invited to participate in a non-voting capacity when the Parties meet to carry out the responsibilities of the Trail Maintenance Fund outlined herein. FCT is a non-profit corporation under the laws of the state of Washington, has pledged to contribute to the Trail Maintenance Fund as resources allow, and has consistently supported the construction and maintenance of the Trail. II. RESPONSIBILITIES OF ALL PARTIES All Parties to the Interagency Cooperative Agreement shall: 1) Meet not less than twice a year to coordinate the management, operation, and maintenance activities for the Trail. 2) Discuss upcoming anticipated expenses and maintenance needs. 3) Develop a six(6)year trail capital improvement plan for utilization of the Trail Maintenance Fund taking into account capital needs not covered under the terms of the Interagency Cooperative Agreement, Exhibit 1 -Management Plan. 4) Annually review, update and approve the six(6)year trail capital improvement plan. 5) Make an annual lump sum payment in the amount of$20,000 to the Trail Maintenance Fund by February 1St each year the Interagency Cooperative Agreement is in place, beginning in 2015. 6) All expenditures from the Trail Maintenance Fund shall be unanimously approved by the Parties prior to disbursement. This may occur through unanimous approval by the Parties of the annual review, update and approval of the six (6)year trail capital improvement plan or on a case-by-case basis. 7) Inspect the trail within their area of jurisdiction annually to determine maintenance needs in order to bring these issues to the semi-annual meetings for prioritization and/or funding. 8) Send a representative to each meeting with the authority to vote on spending priorities. 9) If for any reason the Interagency Cooperative Agreement is terminated, the Trail Maintenance Fund shall be dissolved. a. Any money contained within the Trail Maintenance Fund at the time of termination shall be dispersed amongst the Parties to the Interagency Cooperative Agreement in the following manner: i. 1st priority shall be given to honor any active fiduciary commitments made by the Coordinating Council—i.e. an approved capital project which has commenced based on a commitment of the Coordinating Council for payment or reimbursement using Trail Maintenance Funds. ii. After all existing fiduciary commitments have been satisfied, any monies that remain within the Trail Maintenance Fund shall be dispersed equally amongst the Parties to the Interagency Cooperative Agreement based on the participating Party's proportionate life-to-date contribution into the fund. III. SPOKANE COUNTY SHALL: 1) Establish a Trail Maintenance Fund for the collection and disbursement of monies contributed by the Parties as outlined herein in Section II, subsection 5. 2) Be responsible for bookkeeping and the disbursement of finds approved by the parties from the Trail Maintenance Fund. 3) Prepare an Annual Report for the Coordinating Council of the accounting of revenues and expenditures of the Trail Maintenance Fund.