2014, 12-09 Regular formal minutes MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday,December 9,2014
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 Mark Calhoun, Deputy City Manager
Chuck Hafner, Councilmember Cary Driskell, City Attorney
Rod Higgins, Councilmember Erik Lamb,Deputy City Attorney
Ed Pace, Councilmember John Hohman, Community Development Dir.
Ben Wick, Councilmember Eric Guth, Public Works Director
Mike Stone, Parks & Recreation Director
ABSENT: Steve Worley, Senior Engineer
Bill Bates, Councilmember Lori Barlow, Senior Planner
Carolbelle Branch, Public Information Officer
Rick VanLeuven, Police Chief
Chris Bainbridge, City CIerk
INVOCATION: Pastor Joe Pursch of Valley Fourth Memorial Church gave the invocation.
PLEDGE OF ALLEGIANCE: Council, staff, and audience stood for the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except
Councilmember Bates. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to
excuse Councilmember Bates from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously
agreed to approve the Amended Agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
Dr. James Harken, Spokane Valley Arts Council: Dr. James Harken, President of the Spokane Valley Arts
Council, gave a brief background of the history leading up to the formation of the Arts Council; discussed
the three bronze sculpture donations, mentioned the Spokane Valley Arts Council Student Art
Scholarship program; and said that he has a large private collection of art; and in speaking with individual
councilmembers, he broached the subject of the City and the Arts Council partnering in some way to
provide a structure to house the art work; and said if this idea sounded appealing, he would welcome a
future meeting with the Arts Council and Spokane Valley Council. Dr. Harken also encouraged
Councitmembers to contact him for a personal tour of his art collection.
COMMITTEE, BOARD,LIAISON SUMMARY REPORTS:
Councilmember Hafner: reported that he helped at the Union Gospel Thanksgiving Dinner; went to the
STA (Spokane Transit Authority) meeting where they continue to discuss their ten-year "Moving
Forward" program, including the possible sales tax ballot issue, mentioned the proposed high transit
system and said STA would have to ask taxpayers to set aside $15 million in matching funds in case the
federal funding canie through to fund the remainder of the $60 million project, which he said the Board
has not yet approved; mentioned the potential economic development for the City of Spokane but
questioned what it would do for the other municipalities; also went to Visit Spokane and heard discussion
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about how they would use the possible $250,000 in funding our City might provide through the Lodging
Tax AIlocation process; he said he feels Visit Spokane is one of the best organizations to continue the
growth and development of tourism to our City; said he also had an additional STA meeting about
development and organization of providing funds for additional buses; and said that it appears every
school district in the area will be going for a bond issue in February, as will the Fire District and perhaps
STA.
Councilmember Pace: mentioned he is also on the STA Board and voiced his concerns with the upcoming
"ballot fatigue" and that placing the sales tax increase could get in the way of other bond issues; said he
attended the STA Planning Committee meeting where they heard a report from three business
organizations about their recommendations on the Plaza.
Councilmember Higgins: no report.
Councilmember Wick: reported that he attended the SRTC (Spokane Regional Transportation Council)
meeting last month where they discussed the process of managing and preventing traffic congestion, and
of the least expensive alternatives; went to the Ad Hoc Rail Committee where the focus was on the rail
freight movement, especially the oil freight; heard a discussion on the funding mechanism on grade
separation projects on rail corridors, such as our Bridging the Valley projects; said the Lodging Tax
Advisory Committee (LTAC) has had several different meetings with different groups, including a
Chamber of Commerce Government Action Committee meeting last week, and mentioned he feels he has
more information since the last LTAC meeting; he attended the Airport Board meeting when the
Governor was in town just prior to Thanksgiving; attended the tree lighting ceremony and mentioned the
wonderful Sunrise Elementary School Choir. Councilmember Hafner added that he also attended that
event as well as the "Breakfast with Santa" which had about 500 people participating.
Deputy Mayor Woodard: said he assisted at the Union Gospel Mission Thanksgiving Dinner; attended
several Chamber of Commerce meetings; went to the Tree Lighting and lauded the Sunrise Children's
choir; said he attended additional special research meetings, and he appreciates the calls from citizens.
MAYOR'S REPORT: Mayor Grafos reported that he attended the Gospel Union Mission Thanksgiving
Dinner, which is a very special event to help those in need; went to the meeting at the Longhorn
Restaurant where they were heard a report from the Sports Commission about the proposed new sports
complex, which he said would be a $40 million proposal for an upcoming ballot; and that he too went to
the tree lighting and was impressed with the Children's Choir.
PUBLIC COMMENTS: Mayor Grafos invited public comment.
Ms. Tzena Scarborough, from Wreaths Across America, invited everyone to the third annual ceremony,
this December 13, 2014, at noon at the Pines Cemetery inside the Pines Mausoleum; and said this is a
wonderful way to honor our veterans and express appreciation for their sacrifice.
Chris Wetherall: of Millwood, spoke about his desire for a quiet zone; said the train noises and horns are
annoying; suggested closing Vista, which would reduce train noise in that neighborhood by 50%; said
BNSF Railroad likes to trade and perhaps they would make Park a quiet zone in exchange for the City
closing Vista.
Tony Hansen: of Liberty Lake, spoke concerning lodging tax, she gave a handout showing the "trickle-
down" effect of funding support; and she urged Council to fully fund the Sports Commission and Visit
Spokane.
Ian Riley: concerning gambling tax, he asked that our City consider lowering the tax; said the City of
Spokane lowered their tax for the first quarter of next year, by 2%, and will lower the tax the following
year by an additional percent; suggested our taxes mirror the tax of Spokane or his business would be at a
disadvantage.
Liz Beck: concerning lodging tax, said she Iives in Spokane but represents the Super 8 Hotel on Argonne
Road in Spokane Valley; said we can't do without the visitors and that the Sports Commission brought
numerous event s to the area, and without those, Spokane Valley would not be what it is today, and said
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she highly appreciates those two organizations, the Sports Commission and Visit Spokane, as they bring
events and tourism to our area.
Andy Rooney: concerning lodging tax, said the Sports Commission and Visit Spokane have definitely
helped his hotel and helped support and market CenterPlace as well as the events held there; said his is
the largest employer of hotels in the valley.
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.
Proposed Motion: I move to approve the Consent Akenda.
a. Approval of claim vouchers on Dec 9, 2014 Request for Council Action Form Totaling:
$1,106,812.63
b. Approval of Payroll for Pay Period Ending November 15, 2014: $297,159.54
c. Approval of Payroll for Pay Period Ending November 30, 2014: $414,226.63
d. Approval of November 17,2014, Special 2:30 Study Session Meeting Minutes
e. Approval of November 17, 2014, Special 6 p.m. Formal Format Meeting Minutes
f. Approval of Resolution 14-013 Setting Planning Commission Public Hearing for Jan 8, 2015
g. Approval of Holiday Closure, December 26,2014
h. Approval of December 2, 2014 Study Session Meeting Minutes
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
NEW BUSINESS:
2. Second Reading Proposed Ordinance 14-020 Adopting Shoreline Master Program—Lori Barlow
After City Clerk Bainbridge read the Ordinance title, it was moved by Deputy Mayor Woodard and
seconded to approve Ordinance No. 14-020 adopting the Shoreline Master Program. Ms. Barlow said
that this has been before Council on numerous occasions, and this would complete the action for the local
adoption of the Shoreline Master Program and move this document to the Department of Ecology for their
review and approval; after which it would come back as a separate action before being implemented. She
explained that there have been no changes to the ordinance since the first reading; that some comments
were received after the public hearing, and they have been forwarded to Council and are similar to
comments which have previously gone through the process. Mayor Grafos invited public comments. Mr.
Patrouch of URS Corporation, said he feels this document reflects the goals and he commends everyone
for a great job. There were no other comments. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Motion carried.
2a.Proposed Emergency Ordinance 14-021 Adopting a Marijuana Moratorium- Erik Lamb
City Manager Jackson explained that this moratorium would be for marijuana use not currently covered
and sanctioned by the Liquor Control Board; that it is important to note that this does not extinguish the
current rights for medical marijuana, but rather this concerns accepting, or processing applications for
additional use of any type of unlicensed marijuana or marijuana not currently covered by the recreational
marijuana laws. Mr. Jackson explained that we realize there is quite a bit of uncertainty related to
marijuana, and on Council's legislative agenda is a request for the State to reconcile the medical and
recreational laws; that this would permit an opportunity to stop the process of additional medical
marijuana, and he mentioned the vaping lounges and questions and concerns about those lounges, and of
the ability of those lounges to have social use of marijuana; said we are simply stating that these things
are not covered under the current state statutes; and said we have also heard about the lack of laws
regarding underage consumption. Mr. Jackson said staff has reviewed this with Community Development
and our Legal Departments and it is our recommendation to come forward with an emergency ordinance;
and by the very nature of it, we bring it forward without advertising because the concept is, it is of
importance to the health and safety to the community, and we don't want to be inundated with
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applications in an interim period between announcing this and bringing it to Council. Mr. Jackson also
noted that because this is an emergency ordinance, state statutes require this to be passed by a super
majority, which is a majority of the total Council plus one, or by a vote of at least five Councilmembers.
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and
seconded, to suspend the rules and approve Ordinance No. 14-021, adopting a moratorium on marijuana
uses that are not licensed by the Washington Liquor Control Board. After Deputy City Attorney Lamb
went over the recitals in the ordinance, he explained that medical marijuana remains in a state of flux,that
it is not regulated by any state agency, and there are apparent gaps in state law, such as private
consumption lounges; the law also lacks provisions to address underage consumption; he said it is
anticipated the legislature will address the underage consumption in 2015, but we have no idea of when
that might occur, or what those provisions might contain; he said marijuana remains a Schedule 1
controlled drug so in the eyes of the federal government, it is illegal. Mr. Lamb explained that the
moratorium is appropriate as it will allow us to see what the state adopts; and he explained that this
Council would hold a public hearing on this moratorium at the January 27, 2015 Council meeting. Mr.
Lamb said that section two of the ordinance contains the meat of the regulations; and said this would
prohibit new marijuana uses other than those already authorized and licensed, so it would prohibit any
new medical collective garden but would not impact any existing medical marijuana facility; he said this
addresses the business operation and not the personal use; he said section three lays out a work plan; and
that the duration of this moratorium is one year from today. Mayor Grafos invited public comment.
Sean Green, City of Spokane: said he has a business in Spokane Valley and said there is no indication of
what is causing this emergency; said cities and towns have the authority to adopt zoning and other
requirements and that we have more than adequate commercial zoning to accommodate this; said
Spokane has twelve licensed operations and has been working effectively and he urged Council to look at
Spokane's ordinance and consider passing that; said he feels no emergency exists, and we have had over
three years to adopt regulations; also mentioned the lack of public notice for this action would be in
violation of state law; and he asked that Council not pass this ordinance.
Tim Finnigan: said he opposes the moratorium as written lumping medical and recreational marijuana in
the same breath; said he used medical marijuana for specific reasons as he doesn't want to use prescription
narcotics; said he has a medical prescription for marijuana that cost him$200; said he doesn't want to take
oxycodone as he doesn't want to be become an addict; that medical marijuana doesn't produce
hallucinations and it is not addictive; said this would shut down any further medical dispensaries; and
lumping this in with a vapor lounge does him a disservice.
Tara Harrison: Spokane Valley resident; said she has been a volunteer at a medical dispensary for two
years; saw a need and filled it; found several hundred people like Mr. Finnigan who simply want their
medicine; said this ordinance is not a good idea; that it will hurt the valley and limit small business
growth, and to knock sick people out for no reason is not justifiable.
Eric Buchanan: Spokane Valley; echoed what the others said; said medical is different from recreational;
it is hard to tell someone they can't have their medicine; and medical marijuana tends to lower the risk and
number of people who die of opiate deaths; not allowing people to socially interact with others hurts; the
more people smoke the less then drink and alcohol is more of an evil than cannabis.
Paul Lugo: said he has a medical cannabis business in the City of Spokane and has no interest in the
Valley, its politics or anything else; said this ordinance shouldn't be done out of fear or lack of adequate
ordinances; that it creates an emergency that doesn't exist and he urged Council to look at the ordinances
of the City of Spokane.
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Heather Graham: Spokane Valley; said this doesn't limit Mr. Finnegan's ability to obtain his medicine;
that maybe the City of Spokane's ordinance would be an option, but this moratorium would give us plenty
of time to decide what is right for the City of Spokane Valley and to take into consideration the new data
that will come forward; that she works as a school nurse and sees the impact of the availability of
marijuana and of the tendency to "normalize" marijuana as the kids think it's not a big deal anymore; and
said she favors the moratorium.
Kevin Jacobs: Spokane Valley; said he owns the Marijuana Tap House and Grill next to the cannabis
private vapor lounge; said they separated the areas from those who choose alcohol; said he doesn't drink
but sees the need for a safe environment for adults; not kids; said they have never had kids in their place;
that he realizes the moratorium is about new businesses and he opposes the moratorium.
There were no further public comments. Councilmember Hafner said that tonight is also Council's first
encounter with this ordinance and that it provides Council an opportunity to digest what they heard, and
for our City to put something together that is right for this City. Deputy Mayor Woodard asked about the
public hearing and Mr. Lamb confirmed that it will be held January 27, before Council; and that
afterwards, the Planning Commission will consider permanent regulations to forward to Council. Deputy
Mayor Woodard noted that commercial hemp is not noted in the ordinance and said there is a big industry
for that and it is very different; said we have seen an explosion of citations for driving under the
influence, and a lot of them were by youth; said he spoke with representatives from the school district and
they also have seen an explosion of this issue in the schools, and feels the public hearing and the
emergency are the right things to do.
Councilmember Wick asked how many medical marijuana applications have been received, and Mr.
Lamb said prior to 2012, six were approved; since then we have twelve with a total of eighteen identified
now specific to marijuana; adding that many people will complete their business license for "alternative
medicine" so it may not show up as medical marijuana; and said that this moratorium will not affect any
vested rights someone might have or any land uses, and business licenses are exempt. Mayor Grafos said
he favors the moratorium as it would provide a measure of certainty and give the opportunity to look at
this situation in a logical manner, examine what the City of Spokane did, and conduct the public hearing.
Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried.
Mayor Grafos called for a recess at 7:45 p.m.,and reconvened the meeting at 7:56 p.m.
3. Proposed Resolution 14-014 Terminating Easement—Cary Driskell
It was moved by Deputy Mayor Woodard and seconded to approve Resolution 14-014 to release the City's
interest in the south stormwater drainage area access easement on 3715 South Woodruff Road, and
authorize the City Manager to finalize and execute all documents necessary thereto. As noted on his
December 9, 2014 Request for Council Action form, City Attorney Driskell explained that this was part
of the Ponderosa 6th Addition process that was platted in 1980; that he spoke with the public works staff
who advised that we don't need that easement or the previous one, and this resolution would relinquish
that easement on the south side; adding that the owners have been advised they will need to apply for a
plat alteration to remove the easement on the north side of their property which was created through the
platting action of the Ponderosa 6th Addition. Mayor Grafos invited public comment; no comments were
offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried.
4. Motion Consideration: Mayoral Appointment to Spokane Housing Authority—Mayor Grafos
Mayor Grafos explained that the Spokane Housing Authority's mission is to provide, develop, and
promote quality affordable housing options in the communities they serve, and that they annually provide
housing assistance to over 5,000 families of low income through a combination of tenant-based rental
assistance, SHA-owned apartment communities, and scattered site housing. Mayor Grafos said that after
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due consideration of the applications submitted for this opening, he recommends the appointment of Ms.
Gretchen Campbell to the Spokane Housing Authority (SHA) Board of Commissioners. Mayor Grafos
extended his thanks to the other applicant, Ms. Angela Johnson. It was then moved by Deputy Mayor
Woodard and seconded to confirm the Mayoral appointment of Gretchen Campbell to the Spokane
Housing Authority Board of Commissioners for a term beginning January 1, 2015, and ending December
31, 2019. Mayor Grafos invited public comment.
Ms. Angela Johnson, said that as someone very involved in the community and who has a housing
background, and is a stickler for policies and procedures, that it is of great concern that she applied
November 14 and heard from no one, no interviews, no calls, no one spoke to her or her references; said
she sat here for two hours, with the flu and 102° temperature making everyone in the room sick; she said
she is thankful she heard from Pamela Tietz, Executive Director of the Spokane Housing Authority, who
took the initiative to contact her for an interview; said this is a very important appointment, yet no one
took the time to meet with her or the other candidate, and the choice was based only on her two-page
application; said she feels this would have been an obligation to meet with her; said she was grateful to
have a meeting with Pamela, and they had a great hour together; said she is disappointed in not getting
this appointment since she feels she is very qualified, but is even more disappointed that no one from the
City ever contacted her. There were no other public comments. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Motion carried.
5. Motion Consideration: Approval of Contract, Argonne Corridor Project—Steve Worley
It was moved by Deputy Mayor Woodard and seconded to award the Argonne Road Corridor Upgrade
Project #0060 to Cameron-Reilly in the amount of$1,142,108.70 and to authorize the City Manager to
finalize and execute the construction contract. Senior Engineer Worley explained about the bid award as
noted on his December 9, 2014 Request for Council Action form, and about the two additives, and said
that the two bids came in slightly higher than anticipated. 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 comment.
Tara Harrison: said that on October 31, 2012, her daughter was hit by a car in a pedestrian cross-walk; she
asked about getting lights especially in areas where there are three-lane crosswalks with no lights;said her
daughter got across two lanes of traffic that had stopped for her, but was hit in the third lane as they didn't
see her; that she was thrown about 30' and landed on her back and was very lucky to have survived; and
said she would love to see lights or some kind of safety measure there; that the accident occurred in the
southbound traffic lane at the intersection of Valleyway, Argonne and Mullan; said there is generally a
huge amount of foot traffic and bikes in that area and it is very hazardous.
ADMINISTRATIVE REPORTS:
6. Advance Agenda—Mayor Grafos
Mayor Grafos noted the information only item about the no truck signs and asked if that would come back
to Council. Mr. Jackson replied that at this time, it is just for information and will leave the decision to
Council whether this should be re-addressed. While Mayor Grafos and Councilmember Hafner agreed
they would like to re-examine this issue,there was no consensus from Council to re-visit the topic.
INFORMATION ONLY (will not be reported or discussed):
7. "No Truck" Signs
CITY MANAGER COMMENTS
City Manager Jackson said that next Wednesday at 9:00 a.m. in the second floor conference room here at
City Hall, there will be a meeting with the legislators and that he will distribute some "talking points"
prior to the meeting. Mr. Jackson mentioned that next Tuesday's Council meeting will include the topic
Minutes Regular Council Meeting 12-09-2014 Page 6 of 7
Approved by Council:01/13/2015
of marijuana concerning consumption by minors, and our legislative agenda for medical marijuana, and
that one of the ideas concerning marijuana is to completely eliminate any other marijuana system, such as
medical, and combine it all into one marijuana process, and if it is determined that a tax deduction is
needed for the medical marijuana,that the process could possibly be done through the establishment.
In other business, Councilmember Hafner said that this morning he visited Councilmember Bill Bates in
the hospital; that he is undergoing radiation, has lung cancer, and they are in the processing of reducing a
tumor and it has decreased;and that he also has pneumonia;that he was out of bed for the first time today,
and was sitting in a chair and is starting to gain some of his strength back; and he would appreciate calls
or visits, but if you plan to visit,to please call ahead of time. Mr. Jackson added that Mr. Bates mentioned
that he would like to participate in some of the regular council meeting sessions via telephone, beginning
in January, and that the process is provided for in the Governance Manual. There was no objection to
having Mr. Bates join future meetings via telephone.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:26 p.m.
•
/' G" �
A -`S . Dean Grafos, Mayor
Christine Bainbridge, ity Clerk
Minutes Regular Council Meeting 12-09-2014 Page 7 of 7
Approved by Council:01/13/2015
GENERAL PUBLIC COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, December 9, 2014
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GENERAL PUBLIC COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, December 9, 2014
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YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE:
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• You are invited to the
ftsWreaths Across America TM Day To Honor Veterans At
WREATHS Pines Cemetery in Spokane Valley for the Third year.
C7CIVSS
AMERICA
It is our pleasure to invite you, your family, friends and associates to the 3rd Annual
Wreaths Across America Day Ceremony at Pines Cemetery on Saturday,
December 13, 2014 at 12:00pm. This will be held inside the Pines Mausoleum, 12116
E 16th, Spokane Valley. (Southside of 16th near Pines)
During a brief public ceremony, specially designated wreaths for all military branches
and for POW/MIA's will be placed on memorials. Additional wreaths purchased by
individuals and organizations will be placed at veterans' gravesites in the cemetery.
Why we honor our veterans during the holiday season? Our service men and women
sacrifice their time and safety every single day of the year, to preserve our freedoms. As
Christmas approaches, this is the perfect time to say "Thank You" for their service. At
many homes, there is an empty seat for one who is serving, or one who made the
ultimate sacrifice for our Country. We think there is no better time to express our
appreciation, than during the hustle and bustle of the holiday season. Our Veterans
deserve our gratitude and honor.
For 23 years Wreaths Across America's mission is to remember the fallen, honor those
who serve including their families, and teach our children the cost of the freedoms we
enjoy each day. The event encompasses over 1,000 participating locations and
150,000+ volunteers across the country.
You can get updates and information on this event on our Facebook page: Wreaths
Across America - Pines Cemetery. If you have any questions please call me.
Thank you for your support.
Tzena M. Scarborough
320 S. Elizabeth Rd #13
Spokane Valley, WA 99212
(509) 891-8588
ladyveterans@comcast.net
To order a wreath visit www.wreathsacrossamerica.orq .
You must order it by December 1st to be delivered in time for the December 13th ceremony.
Location ID-WAPCSV
WreathsA, crossAn a.oiV
Agenda Item 2a
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 9, 2014 Department Director Approval:
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Proposed Emergency Ordinance No. 14-021 adopting a moratorium
on all marijuana uses other than those licensed by the Washington Liquor Control Board
GOVERNING LEGISLATION: RCW 36.70A.390; RCW 69.50 (Initiative 502 has been codified
as RCW 69.50) and WAC 314-55; RCW 69.51A; SVMC Title 19.
PREVIOUS COUNCIL ACTION TAKEN: Staff has provided numerous administrative reports
on the legalization of marijuana since March, 2013. City Council adopted regulations regarding
restrictions on recreational marijuana on July 22, 2014.
BACKGROUND: After the passage of Initiative 502 (1-502) in 2012, the City engaged in an
extended process to review the impact and implications of the legalization of recreational
marijuana. The City adopted interim regulations in February 2014 and adopted final regulations
on July 22, 2014 governing the siting, zoning, and restrictions on recreational marijuana
production, processing, and retail sales licensed by the Washington Liquor Control Board (LCB).
In addition to 1-502 and recreational marijuana, RCW 69.51A, which was initially passed as an
initiative in 1998, provides a structure for qualified patients to obtain a medical marijuana card
that permits them to obtain, possess and use medical marijuana. In 2011, the Legislature
attempted to fully legalize medical marijuana dispensaries and provide a State registry for
qualified patients, collective gardens, and designated providers. However, Governor Gregoire
vetoed all sections that would have created legalized medical marijuana dispensaries and the
State registry, thereby leaving an uncertain structure in place for medical marijuana. As it
currently stands, RCW 69.51A does not permit legal dispensaries and provides an affirmative
defense to qualified patients, designated providers, and collective gardens. There is no
licensing of any medical marijuana by the LCB as there is for recreational marijuana under I-
502.
1-502 further made it illegal to consume marijuana in view of the general public. However, there
are apparent gaps that allow private consumption businesses to operate. These businesses are
not regulated or licensed by the LCB.
In 2014, the Legislature considered, but did not pass, a bill that would have reconciled both
recreational and medical marijuana. Staff expects that the Legislature will consider numerous
aspects of marijuana laws in the upcoming 2015 legislative session, including the reconciliation
of medical and recreational marijuana.
While the City considered and adopted regulations governing recreational marijuana, it has not
adopted regulations related to medical marijuana due to the uncertainty surrounding the
potential for State regulations and uncertain status of medical marijuana under RCW 69.51A.
With the lack of regulatory oversight and significant gaps in State law over medical marijuana
and private consumption lounges, Staff determined there exists the strong potential for abuse of
the medical marijuana market. There has been an increase in the number of medical marijuana
business registration applications in 2014 as well as a broadening of the scope of activities
sought.
Agenda Item 2a
The City Council adopted an item in its 2015-2017 Legislative Agenda in which it indicated it
would support State legislation over the reconciliation of medical and recreational marijuana,
additional regulations over private marijuana consumption businesses, and regulations
governing underage marijuana consumption.
Given the uncertainty surrounding marijuana uses that are not currently licensed by the LCB,
the lack of regulation over such uses, and the shift towards more medical marijuana activities,
staff believes a moratorium is appropriate at this time on all marijuana uses that are not licensed
or regulated by the LCB in order to allow the City to research appropriate final regulations, up to
and including bans over such unlicensed marijuana uses, to limit the potential for abuse of such
uses, and to further limit access of marijuana to minors. Further, this will allow the City to
determine what, if any, laws the Legislature will adopt in 2015 and the impact of those laws on
the City.
RCW 36.70A.390 authorizes the City to adopt a moratorium on unlicensed marijuana uses
without conducting a public hearing and without utilizing the City's standard approval process
through the Planning Commission and multiple readings by City Council. A moratorium
preserves the status quo so that new plans and regulations will not be rendered moot by
intervening development. After adoption of the moratorium, the City Council must conduct a
public hearing on the moratorium within 60 days and adopt findings of fact for the moratorium.
Additionally, the proposed moratorium includes a work plan and can be effective for up to 365
days from the date of adoption. After adoption of the moratorium, final regulations would be
proposed and processed through the City's standard process, including a proposal to the
Planning Commission, Planning Commission recommendation to City Council, and multiple
readings by City Council. The final regulations must be adopted prior to the expiration of the
moratorium.
Pursuant to the requirements of RCW 36.70A.390, proposed Ordinance No. 14-021 provides for
a moratorium on the submission, processing, modification, or approval of any permit
applications or licenses by or for unlicensed marijuana use. Unlicensed marijuana use is
defined as all marijuana use other than recreational marijuana production, processing, or retail
sales licensed by the LCB and so includes all new medical marijuana dispensaries, collective
gardens, and designated providers, and all private marijuana consumption businesses. The
moratorium does not apply to personal use or personal medical use by qualified patients. The
moratorium applies upon effective date so it would not impact existing businesses at this time.
Further, proposed Ordinance No. 14-021, if adopted by Council, sets a public hearing for
Tuesday, January 27, 2015, establishes a work plan, adopts preliminary findings of fact, and
establishes an effective period of up to 365 days for the moratorium. Finally, proposed
Ordinance No. 14-021 is designated as a public emergency and would be effective upon
adoption.
Once adopted by Council, staff will begin reviewing and proposing final regulations through the
City's standard process for development code amendments, which may include restrictions up
to and including a complete ban.
OPTIONS: Move to approve the Ordinance, with or without further amendments; or take other
action deemed appropriate.
RECOMMENDED ACTION OR MOTION: I move to suspend the rules and approve Ordinance
No. 14-021, adopting a moratorium on marijuana uses that are not licensed by the Washington
Liquor Control Board.
BUDGET/FINANCIAL IMPACTS: N/A.
STAFF CONTACT: Erik Lamb, Deputy City Attorney
ATTACHMENTS: Proposed Ordinance No. 14-021.
DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 14-021
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON,ADOPTING A MORATORIUM ON THE ESTABLISHMENT OF ALL
MARIJUANA USES OTHER THAN MARIJUANA PRODUCERS, MARIJUANA
PROCESSORS, AND MARIJUANA RETAIL SALES AS LICENSED BY THE
WASHINGTON STATE LIQUOR CONTROL BOARD PURSUANT TO CHAPTER
69.50 RCW AND REGULATED BY CHAPTER 19.85 SPOKANE VALLEY
MUNICIPAL CODE AND SPOKANE VALLEY MUNICIPAL CODE SECTION
19.120.050,AND OTHER MATTERS RELATING THERETO.
WHEREAS, since 1970, federal law has prohibited the manufacture and possession of marijuana
as a Schedule I drug, based on the federal government's categorization of marijuana as having a "high
potential for abuse, lack of any accepted medical use, and absence of any accepted safety for use in
medically supervised treatment." Gonzales v. Raich, 545 U.S. 1, 14 (2005), Controlled Substance Act, 84
Stat. 1242,21 U.S.C. 801 et seq; and
WHEREAS, Initiative Measure No. 692, approved by the voters of Washington State on
November 3, 1998, and now codified as chapter 69.51A RCW, created an affirmative defense for
"qualifying patients"to the charge of possession of marijuana; and
WHEREAS, in 2011, the Washington State Legislature considered and passed ESSSB 5073 that,
among other things, (1) authorized the licensing of medical cannabis dispensaries, production facilities,
and processing facilities, (2) permitted qualifying patients to receive certain amounts of marijuana for
medicinal purposes from designated providers, (3) permitted collective gardens by qualifying patients
whereby they may, consistent with state law, collectively grow marijuana for their own use, (4) and
clarified that cities were authorized to continue to use their zoning authority to regulate the production,
processing, or dispensing of marijuana under ESSSB 5073 and chapter 69.51A RCW within their
respective jurisdictions; and
WHEREAS, on April 29, 2011, former governor Christine Gregoire vetoed the portions of
ESSSB 5073 that would have provided the legal basis for legalizing and licensing medical cannabis
dispensaries, processing facilities, and production facilities,thereby making these activities illegal; and
WHEREAS, on November 6, 2012, voters of the State of Washington approved Initiative
Measure No. 502 ("I-502"), now codified in chapters 69.50, 46.04, 46.20, 46.21, and 46.61 Revised Code
of Washington ("RCW"), which provisions, (1) decriminalized possession and use of certain amounts of
marijuana and marijuana paraphernalia; (2) amended state laws pertaining to driving under the influence
of intoxicants to include driving under the influence of marijuana; and (3) established a regulatory system
licensing producers, processors, and retailers of recreational marijuana for adults 21 years of age and
older, and required the Washington State Liquor Control Board (the "LCB") to adopt procedures and
criteria by December 1, 2013 for issuing licenses to produce, process, and sell marijuana; and
WHEREAS, on August 29, 2013, the United States Department of Justice issued a memo
providing updated guidance on marijuana enforcement in response to the adoption of I-502. Several
ongoing federal enforcement priorities were outlined, including prevention of crime and preventing
distribution of marijuana to minors. Further, the memo provided that the Department would not seek
ongoing prosecution of marijuana providers, users, and local officials in states that authorized marijuana,
provided that those state and local governments "implement strong and effective regulatory and
enforcement systems that will address the threat those state laws could pose to public safety, public
Ordinance 14-021 Page 1 of 5
DRAFT
health, and other law enforcement interests. A system adequate to that task must not only contain robust
controls and procedures on paper; it must also be effective in practice;"and
WHEREAS, the LCB has established a comprehensive regulatory scheme for the Iicensing,
operation, and enforcement of recreational marijuana production, processing, and retail sales shops under
chapter 314-55 WAC; and
WHEREAS, in 2014, the Washington State Legislature considered, but did not adopt E3SSB
5887 that would have reconciled the comprehensive state regulatory scheme for recreational marijuana
under I-502 and the lack of regulatory oversight and controls over medical marijuana under chapter
69.51A RCW; and
WHEREAS, the possession of medical marijuana, operation of collective gardens, and services
provided by designated providers remain illegal under chapter 69.51A RCW and Cannabis Action
Coalition v. City of Kent, 180 Wn. App. 455 (2014), cert. granted, with such activities only entitled to an
affirmative defense; and
WHEREAS, RCW 69.50.445 prohibits the opening of a package containing marijuana, useable
marijuana, or a marijuana-infused product, or consumption of marijuana, useable marijuana, or a
marijuana-infused product"within view of the general public," but does not otherwise regulate operation
of any "private" marijuana consumption facility, "vaping" of marijuana extracts or oils, or other
unlicensed marijuana operations; and
WHEREAS, unlike recreational licensed marijuana production, processing, and retail sales under
chapter 69.50 RCW, all other marijuana uses, including medical marijuana and businesses offering
"private"consumption or"vaping," remain unlicensed marijuana uses that are largely unregulated and are
not subject to review, licensing, or enforcement by the LCB; and
WHEREAS, the Washington State Legislature is likely to propose and consider legislation on
medical marijuana in the upcoming 2015 Legislative session, but the City cannot determine what that
legislation may provide or when or if it will be passed; and
WHEREAS,the City of Spokane Valley Police have informally documented 45 marijuana-related
crimes since November 13, 2013, with at least 30 of those involving persons under the age of 21; and
WHEREAS on July 22, 2014, the City adopted Ordinance No. 14-008, which established in
chapter 19.85 of the Spokane Valley Municipal Code ("SVMC") and SVMC 19.120.050 regulations,
zoning, buffers, and other limitations on marijuana producers, processors, and retail sellers licensed under
chapter 69.50 RCW, but which did not regulate unlicensed marijuana uses; and
WHEREAS, as of October 28, the City had at least 18 medical-marijuana related businesses
registered within the City, all of which provide marijuana outside of the licensing, regulation,
enforcement of the LCB, none of which are licensed marijuana producers, processors, or retail outlets
under chapter 69.50 RCW, and none of which are subject to the City's regulations under SVMC 19.85 or
SVMC 19.120.050; and
WHEREAS, pursuant to Article 11, Section 11 of the Washington Constitution, the City of
Spokane Valley is authorized to "make and enforce within its limits all such local police, sanitary and
other regulations as are not in conflict with general laws," which includes the adoption of regulations
governing land uses within the City; and
WHEREAS, RCW 36.70A.390 provides that "A county or city governing body that adopts a
moratorium, interim zoning map, interim zoning ordinance, or interim official control without holding a
Ordinance 14-021 Page 2 of 5
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public hearing on the proposed moratorium, interim zoning map, interim zoning ordinance, or interim
official control, shall hold a public hearing on the adopted moratorium, interim zoning map, interim
zoning ordinance, or interim official control within at least sixty days of its adoption, whether or not the
governing body received a recommendation on the matter from the planning commission or department.
If the governing body does not adopt findings of fact justifying its action before this hearing, then the
governing body shall do so immediately after this public hearing. A moratorium, interim zoning map,
interim zoning ordinance, or interim official control adopted under this section may be effective for not
longer than six months, but may be effective for up to one year if a work plan is developed for related
studies providing such a longer period. A moratorium, interim zoning map, interim zoning ordinance or
interim official control may be renewed for one or more six-month periods if a subsequent public hearing
is held and findings of fact are made prior to each renewal;"and
WHEREAS, a moratorium enacted under RCW 35A.63.220 and/or RCW 36.70A.390 is a method
by which local governments may preserve the status quo so that new plans and regulations will not be
rendered moot by intervening development; and
WHEREAS, RCW 35A.63.220 and RCW 36.70A.390 both authorize the enactment of a
moratorium, interim zoning map, interim zoning ordinance, or interim official control prior to holding a
public hearing; and
WHEREAS, pursuant to WAC 197-11-880, the adoption of this Ordinance is exempt from the
requirements of a threshold determination under the State Environmental Policy Act; and
WHEREAS, the lack of regulatory oversight at any level over unlicensed marijuana uses, such as
medical marijuana collective gardens, designated providers, and "private" marijuana consumption
businesses, (1) creates a market for marijuana that is inconsistent with the highly regulated market
established by licensed producers, processors, and retail sales by the LCB, (2) allows increased access to
marijuana by minors, and (3) creates a risk to the public health, safety and welfare because of the lack of
regulatory oversight and potential for abuse; and
WHEREAS, on November 4, 2014, the City Council adopted its 2015-2017 Legislative Agenda,
which included an item wherein the City Council stated it would "support the reconciliation of the
recreational and medical marijuana statutes," "support development of one system that would regulate
medical and recreational marijuana, (including the elimination of medical marijuana), in Washington
State," and would "support State regulations which close gaps within current legislation: Vaping, edibles,
oils, and `private' consumption/facilities; and under age possession and consumption;"and
WHEREAS, additional time is necessary to allow the City to conduct appropriate research to
analyze the allowance, siting, and necessary land-use regulations for unlicensed marijuana uses under
existing state law, and to determine what, if any, regulations may be passed by the Washington State
Legislature in the upcoming 2015 legislative session regarding unlicensed marijuana uses and the impact
of such laws on unlicensed marijuana uses within the City; and
WHEREAS, a moratorium will provide the City with additional time to review and amend its
public health, safety, and welfare requirements and zoning and land use regulations related to the
establishment and operation of unlicensed marijuana uses; and
WHEREAS, Washington State law, including RCW 35A.63.220 and RCW 36.70A.390,
authorizes the City to adopt a moratorium, provided the City conducts a public hearing on the moratorium
within 60 days of the date of adoption of the moratorium; and
WHEREAS, the City has authority to establish a moratorium concerning the establishment and
operation of unlicensed marijuana uses as a necessary stop-gap measure: (1) to provide the City with an
Ordinance 14-021 Page 3 of 5
DRAFT
opportunity to study the issues associated with allowing, siting, and regulating unlicensed marijuana uses,
including determining what, if any, regulations are passed by the Washington State Legislature in the
upcoming 2015 legislative session and the impacts of those laws upon unlicensed marijuana uses; (2) to
protect the health, safety, and welfare of the citizens of the City of Spokane Valley by avoiding and
ameliorating negative impacts and unintended consequences of additional unlicensed marijuana; and (3)
to avoid applicants possibly establishing vested rights contrary to and inconsistent with any revisions the
City may make for its rules and regulations as a result of the City's study of this matter; and
WHEREAS, the City Council finds that the moratorium imposed and established by this
Ordinance is necessary for the immediate preservation of the public health, public safety, public property
and public peace.
NOW, THEREFORE,the City Council of the City of Spokane Valley ordains as follows:
Section 1. Preliminary Findings. The City Council hereby adopts the above recitals as
findings of fact in support of this Ordinance.
Section 2. Moratorium Established.
A. The City Council hereby declares and imposes a moratorium upon the submission,
acceptance, processing, modification or approval of any permit applications or licenses by or for
unlicensed marijuana use.
B. For purposes of this moratorium, "unlicensed marijuana use" means the production,
growing, processing, manufacturing, extraction, infusion into edible solids, liquids or gummies, allowing
consumption on the premises of, sale, distribution, or delivery of marijuana, marijuana-infused products,
extracts, concentrates, oils, or any other form of product containing or derived from marijuana and
intended for human use by any business, association or other for-profit or not-for-profit establishment,
including but not limited to collective gardens, designated providers, medical marijuana dispensaries, or
private marijuana "vaping," smoking, or consumption clubs; provided, however, "unlicensed marijuana
use" shall not include any marijuana producer, marijuana processor, or marijuana retailer that has
received and holds a valid marijuana producer, marijuana processor, or marijuana retailer license from the
Washington Liquor Control Board pursuant to chapter 69.50 RCW and chapter 314-55 WAC;provided,
further, if a building permit for work within a business is necessary in order for a business to obtain a
valid marijuana license from the Washington Liquor Control Board under chapter 69.50 RCW, the City
may accept and process such permit prior to the applicant receiving its license from the Washington
Liquor Control Board.
C. "Unlicensed marijuana use" does not and shall not include any personal possession or use
of marijuana, marijuana-infused products, marijuana extracts, marijuana concentrates, marijuana oils, or
other form of product containing or derived from marijuana and intended for human use by any person
pursuant to chapter 69.50 RCW or by any qualifying patient pursuant to RCW 69.51A.040.
D. Nothing herein shall affect the processing or consideration of any existing and already-
submitted complete land-use or building permit applications that may be subject to vested rights as
provided under Washington law.
Section 3. Work Plan. The following work plan is adopted to address the issues involving
the City's regulation of, and the establishment of unlicensed marijuana uses:
A. The City of Spokane Valley Planning Commission is hereby authorized and directed to
hold public hearings and public meetings to fully receive and consider statements, testimony, positions,
Ordinance 14-021 Page 4 of 5
DRAFT
and other documentation or evidence related to the public health, safety, and welfare aspects of
unlicensed marijuana uses.
B. The City of Spokane Valley Planning Commission is hereby authorized and directed to
work with City staff and the citizens of the City, as well as all public input received, to develop proposals
for regulations pertaining to the establishment of unlicensed marijuana uses, which regulations may
provide provisions restricting or limiting unlicensed marijuana use up to and including bans, to be
forwarded and recommended to the City Council for its consideration.
Section 4. Public Hearing. Pursuant to RCW 35A.63.220 and 36.70A.390,the City Council
shall conduct a public hearing on January 27,2015 at 6:00 p.m., or as soon thereafter as the matter may be
heard, at the City of Spokane Valley City Hall, 11707 East Sprague, Spokane Valley, 99206, City Council
Chambers, to hear and consider the comments and testimony of those wishing to speak at such public
hearing regarding the moratorium set forth in this Ordinance.
Section 5. Duration. The moratorium set forth in this Ordinance shall be in effect as of the
date of this Ordinance and shall continue in effect for a period of 365 days from the date of this
Ordinance, unless repealed, extended, or modified by the City Council after subsequent public hearing(s)
and entry of appropriate findings of fact, pursuant to RCW 35A.63.220 and RCW 36.70A.390.
Section 6. Ratification. Any act consistent with the authority set forth herein and prior to
the effective date of this Ordinance is hereby ratified and affirmed.
Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance shall be
held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause,
or phrase of this Ordinance.
Section 8. Declaration of Emergency; Effective Date. This Ordinance is designated as a
public emergency necessary for the protection of public health, safety, and welfare and therefore shall
take effect immediately upon adoption by the City Council.
Passed by the City Council this 9th day of December,2014.
ATTEST: Dean Grafos, Mayor
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
Date of Publication:
Effective Date: December 9, 2014
Ordinance 14-021 Page 5 of 5
Agenda Item#5
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: December 9, 2014 Department Director Approval: El
Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Argonne Road Corridor Upgrade Project#0060 —
[-90 to Trent Ave Construction Bid Award
GOVERNING LEGISLATION: SVMC 3.35.10—Contract Authority
PREVIOUS COUNCIL ACTION TAKEN: (1) September 12, 2006; Council approval of federal
grant application for the Argonne Road Corridor Upgrade project, (2) Adopted the 2007-2012,
2008-2013, 2009-2014, 2010-2015, 2011-2016, 2012-2017, 2013-2018 and 2014-2019 Six Year
TIPs which included the Argonne Road Corridor Improvements; (3) February 16, 2010; Info
RCA on upcoming 2010 Public Works Project Council Actions; (4) Info RCA on consultant
Supplemental Agreement #3, July 5, 2011; (5) Approval of consultant Supplemental Agreement
#3 on July 12, 2011; (6) Passage of Ordinance 13-020, authorizing acquisition of land under
condemnation authority on December 17, 2013; (7) Info RCA on upcoming bid award,
December 2, 2014.
BACKGROUND: This project will provide improvements to the traffic signals at the
Argonne/Knox and Argonne/Montgomery intersections. The project will also add a northbound
right turn lane on Argonne Rd at Montgomery Ave to improve traffic flow and reduce congestion.
The City received a federal grant covering 86.5% of the cost of the project, up to $1,116,400.
The length of time required from grant application to construction (8 years) has resulted in
increased project costs. The current project estimate is $1.45 million, an increase of
approximately $159,000 from the original estimate at the time of grant application.
The project also includes additive bid schedules (related additional work requested if bids
received are within the project budget). These additive items are identified in the table below.
This additional work includes reconstruction of the failed pavement within the Argonne/Knox
intersection (see attached exhibit) and replacement of a structurally deficient traffic signal pole
at the northwest corner of the Argonne/Montgomery intersection.
Schedule Type of Work Source of Funds
A (base bid) New Knox signal; northbound turn lane FHWA grant + City match
B (additive) Reconstruct Knox intersection City funds
C (additive) Signal pole replacement City funds
These additive schedules are not part of the original grant request and are not eligible for grant
reimbursement. The current estimate for these two additional schedules is approximately
$200,000.
The project was advertised on November 7, 2014, and bids were opened on December 5, 2014.
After opening bids and tabulating the results, staff will present the results at the Tuesday,
December 9, 2014 Council meeting for award of the contract to the lowest responsive
responsible bidder.
Agenda Item #5
OPTIONS: (1) Award the Argonne Rd Corridor Upgrades Project to the lowest responsible
bidder, or (2) take other appropriate action.
RECOMMENDED ACTION OR MOTION: Move to award the Argonne Rd Corridor Upgrades
Project #0060 to Cameron-Reilly in the amount of $1,142,108.70 and to authorize the City
Manager to finalize and execute the construction contract.
BUDGET/FINANCIAL IMPACTS: The grant-eligible work is estimated at $1,449,300. The local
match for this work is $333,000. The additional non-grant eligible work is estimated at $200,000.
REET funds (Fund 301) will pay for all local match and non-grant eligible work.
STAFF CONTACT: Steve M. Worley, P.E., Senior Capital Projects Engineer,
Eric Guth, P.E., Public Works Director
ATTACHMENTS: Bid Tabulations to be provided at the Council meeting; Exhibit for Argonne
and Knox intersection paving
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