2015, 11-18 special 6 pm MINUTES
SPOKANE VALLEY COUNCIL
SPECIAL MEETING STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
Wednesday,November 18,2015 6:00 p.m.
Attendance:
Councilmembers Staff
Dean Grafos,Mayor Mike Jackson, City Manager
Arne Woodard,Deputy Mayor Cary Driskell, City Attorney
Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney
Rod Higgins, Councilmember Mike Stone, Parks &Recreation Director
Ed Pace, Councilmember Eric Guth, Public Works Director
Ben Wick, Councilmember John Hohman, Community Development Dir.
Bill Gothmann, Councilmember Pro Tern Christine Bainbridge, City Clerk
Mayor Grafos called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
AMENDED AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to
approve the amended agenda. [Note: because of the severe windstorm of the previous evening and of the
numerous remaining power outages, it was determined to keep this meeting short by removing non-action
items from this agenda, and postponing them to a future agenda.]
ACTION ITEMS:
1. Second Reading Proposed Ordinance 15-020 Adopting Marijuana Findings of Fact—Erik Lamb
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to approve Ordinance 15-020 adopting findings of fact justing the adoption of Ordinance No. 15-017
and the establishment of a moratorium on new licensed or registered marijuana uses. Mr. Lamb gave a
brief overview of the proposed ordinance. Concerning Mr. Jackson's draft letter to the Rules Coordinator
of the Washington State Liquor and Cannabis Board and comments to the proposed rule #15-17,
Councilmember Higgins acknowledged the letter and said he feels the views are well stated. Mr. Jackson
said he feels the letter represents Council's view of the local control, and added that since the state hasn't
yet issued all the mandates, why increase the total now. Mayor Grafos invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion Carried.
2. Second Reading Proposed Ordinance 15-021 Amending Spokane Valley Municipal Code(SVMC)2.65
—Cary Driskell,Erik Lamb
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to approve Ordinance 15-021 amending chapter 2.65 SVMC relating to establishment and use of credit
cards and credit accounts. After Mr. Driskell's brief overview of the ordinance, Mayor Grafos invited
public comments. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Motion Carried.
3. Second Reading Proposed Ordinance 15-022 Amending Spokane Valley Municipal Code(SVMC)3.30
Purchasing—Cary Driskell,Erik Lamb
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to approve Ordinance 15-022 repealing chapters 3.35, 3.40, 3.45, and 3.50 SVMC; amending SVMC
3.30.030; and adopting new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48, and 3.49 SVMC. After
Council Special Study Session: 11-18-2015 Page 1 of 3
Approved by Council: 12-08-2015
Mr. Driskell's brief overview of the ordinance, Mayor Grafos invited public comments. No comments
were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion Carried.
4. First Reading Proposed Ordinance 15-023 Findings of Fact,Moratorium Extension—Erik Lamb
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to advance Ordinance No. 15-023, adopting a renewal and extension of the moratorium on unlicensed
marijuana uses for a period of six months and adopting related findings of fact, to a second reading. Mr.
Lamb gave a brief explanation of the ordinance, and said that the Planning Commission conducted a
meeting for approximately three hours where they took public comment; and that further discussion is
planned for the Planning Commission's December 10 meeting. Mayor Grafos invited public comment. No
comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried.
5. Motion Consideration: Comprehensive Plan Docket—Lori Barlow
It was moved by Deputy Mayor Woodard and seconded to approve the 2016 Comprehensive Plan
Amendment Docket. Ms. Barlow again explained that only one privately initiated map amendment was
received,which was from AVISTA Corporation.Mayor Grafos invited public comment;no comments were
offered. Vote by Acclamation:In Favor: Unanimous. Opposed;None. Motion carried.
NON-ACTION ITEMS:
6. Chamber of Commerce,Big Five Katherine Morgan
7. Shoreline Master Program(SMP)Final Adoption Lori Barlow
.. .. . - ` • a Ila ' •
.
10. Community Minded TV Agreement John Pietro
! - - -
12. Advance Agenda—Mayor Grafos
There were no suggested changes to the Advance Agenda.
13. (a) Street Maintenance Contract Renewal, and (b) Street Sweeping Contract Renewal were for
information only and were not discussed or reported.
14. Council Comments—Mayor Grafos
There were no additional Council comments.
15. City Manager Comments—Mike Jackson
Mr. Jackson asked Council if they were comfortable with the draft letter to the Rules Coordinator of the
Washington State Liquor and Cannabis Board, and Council concurred they were, and Mr. Jackson said he
would send the letter.
Concerning the major wind storm, Mr. Jackson explained that he was contacted about 10:30 a.m. by
Emergency Management about the impending storm, and began to make plans on how to handle calls;said
he and Mayor Grafos discussed whether or not to hold the Council meeting, decided to wait until the
afternoon to make that decision, and ultimately cancelled the meeting; that about 4:00 p.m. he permitted
some of the non-essential staff to go home;but many employees were required to remain at work,especially
at central reception; said the phones messages were changed so public works could take calls throughout
Council Special Study Session: 11-18-2015 Page 2 of 3
Approved by Council: 12-08-2015
the night;and that a Senske team as well as a Geiger team worked through the night,and he asked Mr.Guth
to comment. Mr. Guth explained that staff and crews are working to remove downed trees that are in the
rights-of-way; said they got about 68 calls and all but about 12 have been inspected; said he has one staff
on tonight until till midnight and he is out inspecting those remaining 12 trees; said Senske had about three
crews working through the night last night;and Budget Arborist worked until about 1:00 a.m.and was back
on today at 1:00 p.m.; said Senske also has some crews working on parks and facilities; said that of the
trees in the roadways, most are cleared out of the road, and if not, have been moved to the edge to allow
vehicles to pass; said he is working with residents on those trees that are our responsibility;and that private
citizens will take care of trees from their private property that land in the road; said our transfer station is
accepting all sizes of debris and the County is accepting clean green and debris waste from the storm; he
said the storm took out about one-third,or thirty traffic signals and some are still out;adding that it is likely
some cabinets will need additional repairs. Mr. Guth said people are good about stopping at intersections
where traffic signals are out, and said he spoke with the Fire Department and there have been no major
clashes. Mr.Guth said stop and yield signs are also a priority, and that some signs have bent poles,and are
down and/or missing; and that they are working hard to get those replaced today. Mr. Guth also noted that
trees intertwined with lines or lines down around them are being avoided as we must wait for action from
the utility company.Mayor Grafos said that staff and crews have done a great job,noting that our area made
the national news.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 6:22 p.m.
ATTES) Dean Grafos, Ma
Christine Bainbridge, City Clerk
Council Special Study Session: 11-18-2015 Page 3 of 3
Approved by Council: 12-08-2015
Stio1e
.0000Valley
11707 E Sprague Ave Suite 106 + Spokane Valley WA 99206
509.921.1000 0 Fax: 509.921.1008 v cityhall®spokanevalley.org
November 17, 2015
Rules Coordinator
Washington State Liquor and Cannabis Board
P.O. Box 43080
Olympia, WA 98504-3080
Re: Comments to WSLCB Proposed Rules#15-17
To Whom It May Concern:
The City of Spokane Valley ("City") thanks you for the opportunity to comment on the
Washington State Liquor and Cannabis Board's ("WSLCB") Proposed Rules#15-17 regarding
changes to chapter 314-55 WAC. The licensing of marijuana production, processing, and retail
sales are an important issue for the City due to the impacts from the legalization of marijuana the
City has seen at the local level in use by students in schools, increased enforcement
responsibilities, and in the development and enforcement of the City's land use regulations.
As currently proposed,the amendment to WAC 314-55-081 provides that the WSLCB "will
determine the maximum number of marijuana retail locations per county at a later date." The
City is very concerned about the potential increase in the number of allocated licensed retail
stores, and respectfully requests the WSLCB retain the number of stores originally allocated
instead of increasing the allocation. The WSLCB originally allocated three retail stores to the
City, all of which have been licensed. However, it took some time for all three to receive their
licenses, and the latest opened just this summer. Maintaining the same number of stores is
therefore appropriate to allow the licensed marijuana market to fully develop. According to its
own website, as of November 10, 2015, the WSLCB has only licensed 212 of the 343 originally
allocated stores. Until all of the originally allocated stores are licensed and become operational,
it is impossible to determine if additional stores are necessary. Further,the amendments adopted
by the Washington State Legislature in 2015 specifically allow existing licensed retail stores to
receive a medical marijuana endorsement. The medical marijuana endorsement allows existing
retail stores to sell both recreational and medical marijuana, thereby serving all customer types
and needs.
In the alternative, and acknowledging the Legislature's mandate to increase the number of
marijuana retail licenses to "accommodate the medical needs of qualifying patients and
designated providers,"the City requests that the WSLCB provide for local jurisdictions such as
the City to determine or limit the appropriate number of retail stores within their jurisdictions.
The issue of marijuana is fundamentally a local issue. The impacts from additional retail stores
occur at the local level. Local law enforcement must deal with secondary impacts such as
increased DUIs and other marijuana related crimes, schools must respond to not only increasing
marijuana use, but also changed attitudes regarding the acceptance of marijuana by students, and
the City must deal with impacts on businesses surrounding marijuana retail stores, as many
businesses do not want to locate adjacent to a marijuana store. It is the City, not the State,which
bears the brunt of paying for and dealing with these impacts. Thus, the determination of the
number and location of licensed marijuana retail stores should be determined locally based upon
local circumstances.
Additionally,the City requests that the WSLCB amend WAC 314-55-020 to provide that in
order to obtain and retain marijuana licenses, licensees must demonstrate compliance with local
laws, regulations, and rules, including but not limited to building and fire codes, zoning and
other land-use laws, and business licensing requirements. This could be achieved through a
written statement from the local jurisdiction similar to the objection notices currently being used.
WAC 314-55-020 now specifies that receipt of a WSLCB marijuana licenses does not excuse
compliance, but does not mandate compliance. While enforcement of local laws is beyond the
purview of the WSLCB, requiring compliance as part of the licensing would greatly assist local
jurisdictions such as the City in assuring that licensees are aware of and working with the City in
operating in compliance with both State licensing and local land use and building requirements.
The City appreciates your consideration of our comments, as this is an important issue to the
City.
Sincerely,
Mike Jackson
City Manager
cc: Mayor Dean Grafos
Deputy Mayor Arne Woodard
Councilman Chuck Hafner
Councilman Rod Higgins
Councilman Ed Pace
Councilman Ben Wick
Councilman Pro-Tem Bill Gothmann