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2015, 08-11 Formal Meeting Minutes MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, August 11,2015 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 Chuck Hafner, Councilmember Mark Calhoun, Deputy City Manager Rod Higgins, Councilmember Erik Lamb, Deputy City Attorney Ed Pace, Councilmember Mike Stone, Parks &Recreation Director Ben Wick, Councilmember Eric Guth, Public Works Director Bill Gothmann, Councilmember Pro Tem Chelsie Taylor, Interim Finance Director Chris Bainbridge, City Clerk INVOCATION: Pastor Joe Pursch of Valley Fourth Memorial Church gave the invocation. PLEDGE OF ALLEGIANCE Members from Boy Scout Troop 431 led the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Grafos welcomed Senator Mike Padden, and State Representatives Matt Shea and Robert McCaslin. COMMITTEE,BOARD, LIAISON SUMMARY REPORTS Councilmember Hafner: said that August is typically a month of no agency/committee meetings; said he attended the outdoor Sportsplex meeting where he heard good suggestions about an outdoor activity for the area, and said there will be further opportunities for conversing on that topic in the future. Councilmember Pace: said he also attended the Chamber of Commerce's sportsplex meeting and it was exciting to see so many stakeholders; said he rode with a detective and visited various National Night Out Against Crime activities. Councilmember Higgins: said he met with the Spokane Regional Clean Air Board where they continued discussion on the repair of the building. Councilmember Gothmann: said he attended the Chamber's meeting concerning an outdoor sports facility and said one of the possible areas is near the HUB in Liberty Lake; attended the City's audit entrance meeting where the State Auditors stated their objectives for the upcoming audit; participated in some National Night Against Crime activities; said that he met with City Manager Jackson concerning the topic of gravel sites and mining operations and later toured the Eden and Flora sites, said the tours were very informative, and that he asked Geologist Marcia Sands whether gravel pits can be reclaimed, and she said they certainly can be and that the big problem is noise and dust; Ms. Sands also told him that you don't want to penetrate the aquifer because if it comes up water and water has fish in it,then you automatically have another shoreline; Councilmember Gothmann said he feels we need a geologist to help so we can make intelligent decisions. Councilmember Wick: reported that he attended the Chamber hosted meeting about the outdoor sports complex, and feels more data is needed to determine what kind of complex is needed; went to some Minutes Regular Council Meeting:08-11-2015 Page 1 of 7 Approved by Council:08-25-2015 National Night Out events and met more neighbors, including a BNSF (Burlington Northern Sante Fe) rail master who talked a little about their operation and train whistles; attended the regional transportation SRTC (Spokane Regional Transportation Council) meeting's audit entrance where the focus was on the federal side of issues. Deputy Mayor Woodard: said he also attended several National Night Out events; attended the meeting on the sportsplex; met with Representative McMorris Rodgers and they talked about grade separation and he encouraged her to use her influence on our TIGER grant. MAYOR'S REPORT Mayor Grafos reported that he also attended several National Night Out events; today met with Sheriff Knezovich and members of the Kootenai County Task Force on Human Relations, which was founded 35 years ago as part of the federal, state and county emphasis to remove the Arian Nation Organizations, and said they will be asking us to be part of the Spokane County task force which is being formed, and that he expects more information to come later, adding that if we participate it will not require any financial assistance; mentioned a letter he received from the Department of Commerce regarding the Appleway Trail and he read portions of that letter extending congratulations to us for securing the $1 million state grant, and Mayor Grafos also extended thanks to Senator Padden, and Representatives McCaslin and Shea for their efforts. PUBLIC COMMENTS: Mayor Grafos invited public comments. Steve Latoszek, Spokane Valley: said he has been here since 1986 so has a vested interest in making our city beautiful; that he drives around and notices shrubs and trees blocking speed limit signs, directional and other signs throughout the Mirabeau Park Area, and in particular, a 35-mph sign is blocked; said there are other signs on Parkway and on Sullivan blocked by shrubbery; said he wants CenterPlace to look pristine; and whether on public or private land, these things need to be taken care of; said he goes to the Senior Center and remarked about the problem in the turn and almost being sideswiped by vehicles; also said he sees cars turning the wrong way on Argonne and Mullan onto Sprague and that he is not sure if that was ever measured. Lynn Plaggemeier: said he came in about three weeks ago and provided photos of Value Village store and now it is worse and he wants to know when the City staff has looked at "that mess" and asked if any citations have been given to Value Village; and again mentioned the "derelict" Albertson's and asked if our City has an ordinance where the owners of those properties or the real estate companies have an obligation to maintain the exterior of those buildings. Representative Bob McCaslin: said he is here to thank Spokane Valley for being such a great city and that a lot of that has to do with Council and staff; and that people approach him about our City and how well it is run and said he gets to brag about his hometown, and he again thanked Council for their support. Representative Matt Shea: said this year the legislature secured the most capital funding in the twenty years since they have worked together, and he mentioned the funding of the Spokane Valley Tech School and of the Appleway Trail; and said he looks forward to the development of Barker Road Interchange and the expansion of the Industrial Park. Senator Mike Padden: said they had a good session and he appreciated working with City Manager Jackson and with the City's lobbyist; mentioned the construction money for all the school districts for new buildings and he extended congratulations on a very good job on the asphalt overlay on Sullivan and that he is glad to hear we are staying on schedule for the Sullivan Bridge; and said he is proud to represent Spokane Valley and often mentions his wish that the state was run as well as the City of Spokane Valley with a low growth rate and great reserves. Minutes Regular Council Meeting:08-11-2015 Page 2 of 7 Approved by Council:08-25-2015 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 Agenda. a. Approval of vouchers on Aug. 11, 2015 Request for Council Action Form Totaling$2,912,631.66 b. Approval of Payroll for Pay Period Ending July 31,2015: $460,087.81 c. Approval of July 21, 2015 Study Session Council Meeting Minutes d. Approval of July 28, 2015 Formal Format Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS 2. First Reading Proposed Ordinance 15-015 Adopting Mining Findings of Fact—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 15-015 adopting findings of fact justing the adoption of Ordinance No. 15-013 and its establishment of the moratorium on mining and mineral product manufacturing and repeal of Ordinance Nos. 15-005 and 15-009, to a second reading. Deputy City Attorney Lamb explained the history and reasons for the new ordinance, and gave a review of the findings, as noted in his Request for Council Action form; said we have not designated mineral resource land to-date, but are in the midst of the 2015 comprehensive plan update process; said we will review where those lands are appropriate as well as the associated mining regulations; and without a moratorium it would be possible for inconsistent new uses that might be contrary to regulations; mentioned that today we have received seven written comments, all of which will be included in the Council Agenda Packet for the second reading, if this is moved forward; said the moratorium is a temporary measure while the City proceeds through the comp plan update and does not impact current lawful mining operations; that it is not a permanent ban on mining, and in fact we have previously moved forward a CAR(citizen action request) concerning mining. Deputy Mayor Woodard asked if the purpose of this ordinance is to give us a chance to do the land analysis and then put together that analysis into the comp plan along with the required zoning, and Mr. Lamb concurred; said it is a temporary measure to allow the time to do that analysis; and since the date of the original moratorium we have not received any applications from any of the currently operating mining sites. Councilmember Higgins stated that this does not affect any currently permitted operation and again, Mr. Lamb concurred. Mayor Grafos invited public comments. Jana McDonald: briefly commented about Councilmember Gothmann's comments concerning the shoreline issues, and said gravel pits that go into the shoreline are exempt; she offered a tour of any of their facilities; and added that that"nice asphalt overlay" was due to her company of Central Pre-Mix. Kevin Bill: said he works for Central Pre-Mix; his son helped put together that basketball court in Browns Park; that his company supports many nonprofits and that they are a responsible company and have been here 85 years. Sue Devaney: said she is the Chief Financial Officer for Central Pre-Mix; expressed concern with the moratorium and asked Council for reconsideration; said over the last four years they paid $1.5 million in property taxes and another $2 million in property and product sales tax for things they bought and sold; said she is concerned with the economic development and wants to be an active partner in the community; and she asked Council to consider the financial impact of moving their operation further out; said they have about 300 employees who live in the immediate area and also pay fuel taxes and supports charitable activities, and again asked Council to consider removing the moratorium. She handed her August 11, 2015 letter to the City Clerk for the record. John Shogren: also with Central Pre-Mix; asked to stop this unnecessary mining moratorium and said it is not a good economic decision for the City; said asphalt is a fundamental element for growth and Minutes Regular Council Meeting:08-11-2015 Page 3 of 7 Approved by Council:08-25-2015 everything starts with aggregate; and that a vote for this is a vote for a tax increase and he feels this contradicts state law and is out of compliance with state planning goals; that it will damage Central Pre- mix as it disallows mining plant adjustments; and he asked Council to lift the moratorium to allow free- enterprise like them to operate. He handed his August 11,2015 letter to the City Clerk for the Record. Stacy Bjordahl: speaking on behalf of Central Pre-Mix, said the resource dictates the location, which is why the GMA mandates that those resources are preserved and protected and they cannot be re-located; said the industrial uses will create noise and dust; she commended the bringing forth of this issue again and to solicit comments, and said there is no support for the moratorium, rather quite the opposite and in that regard, Council should repeal the moratorium as there is no support for it from the community. There were no further public comments. Councilmember Gothmann explained that a moratorium is a delay so the question can be studied and that he feels that studying this for six months is not unreasonable; said this is not going to prevent mining. Councilmember Hafner said he agrees that this is a temporary delay until the whole situation can be studied including how it will affect the aquifer, as well as the reclamation process. In response to Deputy Mayor Woodard's question about extending this moratorium, Mr. Lamb said that state law allows extensions, but prior to any extension, a public hearing would be required as well as another round of findings; and said this moratorium is currently scheduled to end February 23, 2016. Deputy Mayor Woodard acknowledged the importance of gravel and that time is needed to examine those land uses as well as meet state law; said this moratorium is for six more months and is not a ban or closing down of Central Pre-mix or any other pits. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. At 7:00 p.m. Mayor Grafos called for a recess; he reconvened the meeting at 7:12 p.m. 3. Proposed Resolution 15-007 Amending Governance Manual—Chris Bainbridge It was moved by Councilmember Gothmann and seconded to approve Resolution 15-007 amending the Governance Manual as proposed. City Clerk Bainbridge explained that as a result of the last meeting of the Governance Committee, the following issues were suggested to be brought back to the full Council for further discussion and decision: Page 18 discussion of whether to leave the Table of Parliamentary Procedure as is, or to change the motions to "close debate" and "suspend the rules" to require a 2/31d majority vote as per Robert's Rules of Order. It was moved by Councilmember Gothmann and seconded to amend the table to change those two motions, from requiring a majority to pass, to requiring a 2/3rd majority to pass. Discussion included comments from Councilmember Pace that he favors the change to keep things simpler and to have the motions consistent with Roberts Rules of Order, while Councilmember Hafner suggested not changing it since there hasn't been a problem in the past. Mayor Grafos also stated that this has not been a problem in the past. After further brief discussion, Deputy Mayor Woodard called for the question: All in Favor: Mayor Grafos, Deputy Mayor Woodard, and Councilmembers Gothmann, Higgins, Pace, and Hafner. Opposed: Councilmember Wick. Motion passed to call the question. Vote by acclamation on the motion to change the noted motions in the table to require 2/3rd majority: In Favor: Councilmembers Pace, Gothmann, and Wick. Opposed: Mayor Grafos, Deputy Mayor Woodard, and Councilmembers Hafner, Higgins. The motion failed and the table will remain as it currently is in the Manual. Page 27: under section "C" for the process for selecting a temporarily councilmember, the question is whether or not to omit the sentence: "If the time period of the selected pro tempore individual is set to expire prior to the selected timeframe for filling a Council vacancy, Council may, by majority vote of the whole Council(including the pro tempore Councilmember), move to permit the pro tempore individual to remain in that capacity until such Council vacancy has been filled." It was moved by Councilmember Pace and seconded to remove that sentence. Councilmember Pace said his suggestion is to keep the Minutes Regular Council Meeting:08-11-2015 Page 4 of 7 Approved by Council:08-25-2015 process simple, clean, and apolitical, and said he feels if there are rules for when a job ends, Council should adhere to those rules. During the discussion about the process for filling a Council vacancy versus a temporary position, Councilmember Gothmann noted he would recuse himself from this vote since he is at the moment, that temporary Councilmember. Vote by acclamation to remove the sentence: In Favor: Mayor Grafos, Deputy Mayor Woodard, and Councilmembers Hafner, Higgins, and Pace. Opposed: Councilmember Wick. Abstentions: Councilmember Gothmann. Motion carried and the sentence will be removed. Page 25, and 27-28: After brief discussion about the voting process, limiting nominations to only one, unless the person declined the nomination or there was no second of the nomination, and to have the vote by written ballot, other than making a minor change about what to do in case of a lack of a second on the nomination, and to make sure the subsequent voting rounds are included in case of no majority vote, it was determined to leave the proposed verbiage as written. Page 13: concerning steps to take for considering any tax rate change, it was moved by Councilmember Gothmann and seconded to eliminate the entire paragraph 5 Tax Rate Changes. There was brief discussion on the pros and cons of the verbiage. Vote by Acclamation: In favor of removing the paragraph: Mayor Grafos, and Councilmembers Gothmann, Hafner, and Wick. Opposed to removing the paragraph: Deputy Mayor Woodard, and Councilmembers Pace and Higgins. Motion carried and the paragraph will be removed. There was also brief discussion about the phrase "city manager or designee" and the rationale for removing "or designee." Mr. Jackson explained that the City Code permits Mr. Jackson to always have the ability to appoint a designee, so we took that out of this manual so as not to be redundant, and as Deputy Mayor Woodard mentioned, and Mr. Jackson concurred, the designee would always fall to the Deputy City Manager unless otherwise stated. Mayor Grafos mentioned page 12, item 4 Placing Items on an Agenda, and the section on the top of page 13 under iii(b) explaining the process for Councilmembers to place an item on an advance agenda and the involvement of the agenda committee. Mayor Grafos noted the verbiage includes consensus of three or more Councilmembers shall move the item forward to a future agenda, and he explained that he would prefer a majority rather than three or more, to bring back an item for a future agenda. Deputy Mayor Woodard said the purpose of having three or more Councilmembers is to address the concerns of the minority of the Councilmembers. Councilmember Hafner said that if three Councilmembers think something is important enough to put on a future agenda, he feels that should be done for if nothing else, discussion purposes; and Councilmember Gothmann agreed with leaving it at three in order to give those minority three Councilmembers the chance to argue their case. Councilmember Pace agreed with leaving it three or more; but also noted that getting something on an agenda should be a Council decision, and even if staff indicates a lack of time to work on an issue, Council should be able to discuss it anyway; that Council needs to be able to control what gets on the agenda and three people should be able to add something to the agenda no matter what. It was moved by Mayor Grafos and seconded that item #4 be changed to a majority of councilmembers to bring the item back on a future agenda. Vote by Acclamation: In Favor: Mayor Grafos and Councilmember Hafner. Opposed: Deputy Mayor Woodard and Councilmembers Pace, Higgins, Wick and Gothmann. Motion failed and the proposed verbiage with "three or more"will not be changed. City Clerk Bainbridge mentioned there are other small changes throughout the document, mostly through the end of Chapter 2, and she asked if Council had other concerns to discuss. The nomination process for filling a vacancy was brought up by Councilmember Wick and after brief discussion, Council agreed that the intent is, if a Councilmember's nomination is not seconded, that Councilmember may make another nomination if desired. Ms. Bainbridge said she would make that clarification in the manual. It was then Minutes Regular Council Meeting:08-11-2015 Page 5 of 7 Approved by Council:08-25-2015 moved by Councilmember Hafner, seconded and unanimously agreed to adopt the Governance Manual as further amended. 4. Motion Consideration: Bid Award, Sprague/Long Sidewalk Project#0206—Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the Sprague/Long Sidewalk improvements, Project #0206 to Bacon Concrete, Inc., in the amount of$237,647 and authorize the City Manager to finalize and execute the construction contract. Public Works Director Guth explained that four bids were received, with Bacon Concrete as the lowest responsive bidder. 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. Lynn Plaggemeier; regarding the new city hall, said the number should be broken out from real estate, staff time, and site work; said he hasn't seen a tentative published schedule for when the new city hall should be open for bids and if you want good prices, that should be done around January; said he knows there have been some revisions to the architect's plans but it would be nice to see what is in that statement of work as he doesn't know if there is a hot tub in there or not; said public review of that statement of work is important and Council should direct that the architect will design to 85% of the programmed amount; that public review should take place at 35, 65, and 90% of final design documents; said he has concerns with our City doing a comp plan at the same time as a new city hall and asked how long will Council be in positions when the comp plan comes in at a different location than what was selected; and said a lot of work needs to be done before this goes further. ADMINISTRATIVE REPORTS 5. 2016 Budget Estimated Revenues/Expenditures—Chelsie Taylor Finance Director Taylor went over the estimated 2016 revenues and expenditures as noted in her August 11, 2015 Request for Council Action form; gave some background on the 2016 budget; explained that two new funds are being proposed: Fund 104 for the 1.3% new Lodging Tax, and Fund 106 to account for Comcast PEG contributions and expenses. Via her PowerPoint presentation, Ms. Taylor highlighted the general fund revenues and expenditures including nonrecurring expenditures; mentioned other funds such as the motor vehicle fuel tax revenue collected by the State and remitted to the street fund; the Motel/Motel tax revenues, stormwater management fees, and aquifer protection area fees, and mentioned upcoming Council budget discussions. 6. Council Goals and Policies for Lodging Tax Advisory Committee (LTAC)—Mark Calhoun Deputy City Manager Calhoun went over the background of Council Goals and Priorities for use by the Lodging Tax Committee, as noted on his Request for Council Action (RCA) form; and after brief discussion and explanation of the four goals listed on the RCA, Council concurred with the proposed goals and priorities as listed. Mr. Calhoun said he will include these goals and priorities with the LTAC materials which will be sent out early September, and will discuss these goals as he meets with the LTAC early September. 7. Advance Agenda—Mayor Grafos Councilmember Hafner mentioned that several vacant lots are looking trashy and not being taken care of; said he heard two complaints about this and wanted to make sure vacant owners are taking care of their lots; and suggested making that a requirement for vacant businesses and residences. CITY MANAGER COMMENTS City Manager Jackson explained that presentations from Outside Agencies is currently set for the September 1 Council meeting, and that Council has been awarding funds to GSI (Greater Spokane, Inc.) for economic development since our City's incorporation; at a workshop in June staff proposed taking a Minutes Regular Council Meeting:08-11-2015 Page 6 of 7 Approved by Council:08-25-2015 portion of those funds and working on a formal contract with GSI in lieu of Council awarding them funds through our Outside Agency process, and had originally proposed $40,000. Mr. Jackson said staff and GSI have worked through the contract and come to an agreed upon amount of$43,000; and with that in mind, said it is now important to discuss this since they would likely need to make a decision about appearing as an outside agency. Mr. Jackson said he proposes awarding the contract to GSI,that although it is within the administrative authority of the City Manager, he wanted to make Council aware of this and to let Council know that GSI has signed the contract. In connection with this contract, Mr. Jackson said this could reduce the total amount of funds for Outside Agencies by $43,000 if Council desired. Mr. Jackson explained that this contract amount is based on the average amount given to GSI over the years, but is less than what was awarded over the last three years; that the agreement is well-defined and requires performance on various levels, and would be very measurable, and as well, GSI would have to submit an annual report to be reviewed by the Community Development Director and reported to the City Manager. Mr. Jackson said this is a good contract and he asked if there were any objections to him executing this for next year. Mr. Jackson said the contract is for one year and starts January 2016; it has the option of three, one-year renewals at the City's discretion and any renewal must be done thirty days in advance of the end of the year. In response to a question about not fulfilling performance measures, Mr. Jackson said we would not cancel mid-contract, but if that were the case, we simply would not renew. There were no objections from Council with Mr. Jackson signing the contract, and said they would also like a copy. Mr. Jackson asked about increasing the total Outside Agency allotment or to keep it at $150,000; and Council agreed to keep it at$150,000, for at least the next year. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. ATTE Dean Grafos, Mayo AA Christine Bainbridge, Ci Clerk Minutes Regular Council Meeting:08-11-2015 Page 7 of 7 Approved by Council:08-25-2015 Agenda Item 44 CITY OF SPOKANE VALLEY Request for Coi moil Action Meeting Date: August 11, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award — Sprague/Long Sidewalk Improvements-#0206 GOVERNING LEGISLATION: SVMC 3.35.10— Contract Authority PREVIOUS COUNCIL ACTION TAKEN: September 24, 2013 an admin. report RCA went to Council which explained potential Community Development Block Grant (CDBG) projects and recommended Sprague/Long Sidewalk Improvements to be designed and built. On October 8, 2013 a motion was carried to prepare a grant application for the Sprague/Long Sidewalk Improvements project. BACKGROUND: The Sprague/Long sidewalk improvements project will construct sidewalk to fill in the gaps along Sprague Avenue and Long Road near Greenacres Elementary. The project also includes clearing and grubbing, road widening and storm drainage improvements. This project is funded with a community block grant for $261,794 and with $103,443 from Fund 303 for city match funds. A storm drainage schedule has been added to the project that will be funded out of the Fund 402. Public Works staff designed the project. Bids were advertised on July 27th and were opened on Friday, August 7, 2015. A copy of the Bid Tabulation will be provided after the bid opening. OPTIONS: Award the contract to the lowest responsive and responsible bidder or take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Sprague/Long Sidewalk Improvements, Project #0206 to Bacon Concrete, Inc. in the amount of $237,647 and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The project budget is $365,227. The community block grant covers $261,794 and the City's local share is $103,433, which will be paid by the Fund 303. The stormwater component of the project (Schedule B on the bid tabulation) of $24,076 will be funded through Stormwater Fund 402. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Eric Guth, PE - Public Works Director ATTACHMENTS: Bid Tabulations to be provided at the Council meeting Sidewalk Location Exhibit c) in --T 23..". f -- - -7._ -. . --'- C. 0 i ro i G -14 1 +� m D �, fi • • '.- r'• i s3-.R. . ✓ , i I. m ,._• Q v I r •.•• Ai CJ) C I .v> ��rZ ;i:�} L 1 ' '`p r.Cs �' t s' x. 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