2016, 02-09 Formal MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, February 9, 2016
Mayor Higgins called the meeting to order at 6:00 p.m.
Attendance: Staff
Rod Higgins, Mayor Mike Jackson, City Manager
Arne Woodard, Deputy Mayor Mark Calhoun,Deputy City Manager
Dean Grafos, Councilmember Cary Driskell, City Attorney
Chuck Hafner, Councilmember Erik Lamb, Deputy City Attorney
Ed Pace, Councilmember Mike Stone, Parks&Recreation Director
Sam Wood, Councilmember John Hohman, Community&Econ. Dev Dir.
Bill Gothmann, Councilmember Pro Tem Chelsie Taylor, Finance Director
Erik Guth,Public Works Director
Christine Bainbridge, City Clerk
INVOCATION: Pastor Bill Dropko, Greenacres Christian Fellowship Church gave the invocation.
PLEDGE OF ALLEGIANCE: Council, staff and audience rose for the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard,seconded and unanimously agreed
to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
Mayor Higgins recognized Shriner Potentate John Robertson,then read a proclamation for Burn Awareness
Week. Mr. Robertson accepted the proclamation with thanks.
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS:
Councilmember Wood: said he attended a Chamber Government Affairs meeting where they discussed
initiative 732 regarding a Carbon Tax proposal that he said will probably show up on a ballot, and if
approved would be about a 220 a gallon increase;went to the Home Builders Government Affairs meeting;
and attended the Hotel/Motel Association meeting this afternoon.
Councilmember Hafner: mentioned the STA (Spokane Transit Authority) Performance and Planning
Committee; talked about program mobility training to train people on how to catch a bus as opposed to
calling a cab which is much more expensive; also talked about how to fund that training; discussed bus
replacement which must be done every fifteen years; mentioned the structure of bus use for special events
like Valleyfest; said the STA Board determined that fares have to provide at least 20% of the cost of STA,
and for about the last two years, it was at 18-19% so there is a possibility of a future raise in bus passes;
attended the Health Board meeting where they discussed the enforcing of vaping laws similar to smoking
laws;went to the 9-1-1 Board where they discussed the renewal of the 1/10 of 1%sales tax increase which
previously helped restore Crime Check; said that he attended the groundbreaking for the Evergreen kids
what went to the old University High School; and also attended a SCOPE Board meeting.
Councilmember Pace: said he also attended the Chamber Government Affairs meeting where they heard
about a carbon tax, and said neither he nor the committee is in favor of that measure;went to the Chamber
Transportation Committee meeting where they heard a report from the airport director,and said it is exciting
to hear about their self-funding operations; went to an STA Planning meeting where they examined some
Minutes Regular Council Meeting:02-09-2016 Page 1 of 5
Approved by Council:02-23-2016
charts for projects, but said there are almost no projects in Spokane Valley or even Liberty Lake;went to a
Spokane Regional Transportation Council Meeting (SRTC) where they gave a painfully detailed
description/discussion on how to pick alternates for the transportation and advisory committee;went to the
Homebuilder's Association Government Affairs meeting today; and went to the Spokane Restaurant
Lodging Association meeting.
Councilmember Gothmann: reported that he attended a Visit Spokane orientation meeting followed by a
board meeting where they discussed Spokane City's ordinance regarding immigration status and their city
as a sanctuary city,and a position paper the group voted on concerning the topic and in support of Spokane's
existing ordinance barring Spokane's Police Force from inquiring into immigration status unless otherwise
required by law; and said based on this Council's recent resolution, he did not vote for that position.
Councilmember Gothmann distributed copies of Spokane's Ordinance relating to use of immigration status.
Councilmember Gothmann also mentioned he and Deputy Mayor Woodard and City Attorney Driskell
went to Olympia to testify to the finance committee concerning the City's proposed law regarding lien
nuisance abatement; also mentioned the selection of candidates for the Board of County Commissioners to
fill recently vacated Todd Mielke's position, which selection is done by the Republication PCO (Precinct
Committee Officers), and those candidates included Nancy McLaughlin,Josh Kerns, and Jeff Baxter.
Councilmember Grafos: no report.
Deputy Mayor Woodard: said he spent some time in Olympia over the last two weeks trying to get the
nuisance abatement law passed; attended several Chamber of Commerce meetings; had a governance
meeting where they are going back through the Governance Manual and trying to work through sections
there,said there are a lot of corrections yet on grammar; and attended the Commute Trip Reduction awards.
MAYOR'S REPORT: Reported that late last month he also went to Olympia; participated in the Lilac
Coronation and competition downtown;went to the Spokane County Clean Air meeting; and attended the
Fire District 8 Banquet.
PUBLIC COMMENTS: After Mayor Higgins went over the"ground rules"for making public comment,
he invited members of the public to speak.
Tony Lazanis: said his area doesn't have any sidewalks and he hopes Council will try to get some funding
to start some sidewalks.
Kriscinda Marshall: regarding previous approval of sidewalks on Blake, said that two nights ago there was
a T-bone accident at 3`d and Blake; asked Council to re-consider not putting in sidewalks; she wants to
know when,where and what time is the next CDBG(Community Development Block Grant)meeting.
Pam Almedia, Meals on Wheels: she extended thanks again for the funding assistance as a result of the
November windstorm damage.
Michael Myers: said he is disappointed there have been no residential street improvements; mentioned a
growing sinkhole at Raymond and Main in front of Spokane Valley United Methodist Church; said he
reported it earlier but nothing has been done and it is getting bigger.
John Harding: said he just heard about the proposed new City Hall and he questioned whether is a wise
investment;said he would like some feedback;mentioned the use of$6 million from reserve funds and said
he would like to see some taxpayer input.
Gabriel Chambers: regarding sidewalks for Blake Road; said he knows the sidewalk will connect to
Appleway Trail and there have been a lot of dangerous people on that and he has seen some things that
were very unpleasant,and if those things occurred in his neighborhood, he'd feel very unsafe.
1. PUBLIC HEARING: Amended 2016 Transportation Improvement Program(TIP)—Steve Worley
Mayor Higgins opened the public hearing at 6:40 p.m., after which Mr. Worley explained the purpose of
the hearing, all as noted on his February 9, 2016 Request for Council Action form. Mayor Higgins invited
public comment,and Mr.Tony Lazanis mentioned something about putting up bridges.There were no other
comments and the hearing was closed at 6:43 p.m.
Minutes Regular Council Meeting:02-09-2016 Page 2 of 5
Approved by Council:02-23-2016
2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Agenda.
a. Approval of claim vouchers on Feb 9, 2016 Request for Council Action Form,Totaling: $1,479,020.31
b. Approval of Payroll for Pay Period Ending January 31, 2016: $410,578.54
c. Proposed Resolution 16-004, Appointment of Alternates to Spokane Transit Authority
d.Approval of January 19, 2016 Council Meeting Minutes, Study Session
e. Approval of January 26, 2016 Council Meeting Minutes, Formal Format
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
NEW BUSINESS:
3. Second Reading Ordinance 16-001 Vacating 3'Avenue—Karen Kendall
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to approve Ordinance 16-001. Planner Kendall explained and showed on the overhead map, the area in
question,and mentioned that there will be no cost to the requestor and that the public interest will be served,
all as noted in the ordinance. Mayor Higgins invited public comment; no comments were offered. Vote by
Acclamation:In Favor: Unanimous. Opposed:None. Motion carried.
4. Second Reading Ordinance 16-002 Mining Moratorium 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 16-002 adopting findings of fact justing a six-month renewal of the moratorium
on mining and mineral product manufacturing, originally adopted pursuant to Ordinance No. 15-013, with
modifications. Deputy City Attorney Lamb explained that these findings are required by state law, and he
mentioned the modifications which will further the desire that this moratorium not impact any existing
mining business. Mayor Higgins invited public comment. Jana McDonald representing CPM and John
Pederson, representing Spokane County, both individually thanked Council for the revisions to the
moratorium. There were no further comments. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Motion carried.
5. Second Reading Ordinance 16-003 Extending Mining Moratorium—Erik Lamb
After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded
to approve Ordinance 16-003, adopting a six-month renewal of the moratorium on mining and mineral
product manufacturing, originally adopted pursuant to Ordinance No. 15-013, with modifications. After
Mr.Lamb explained that this is the companion ordinance to the previous ordinance,and mentioned the SM-
6 permit clause in the ordinance, Mayor Higgins invited public comment. Jana McDonald representing
CPM and John Pederson,representing Spokane County,both individually thanked Council for the revisions
to the moratorium.There were no further comments. Vote by Acclamation:In Favor: Unanimous. Opposed:
None. Motion carried.
6. Proposed Resolution 16-005 Amending 2016 TIP—Steve Worley
It was moved by Deputy Mayor Woodard and seconded to approve Resolution 16-005, adopting the 2016
amended TIP. Mr. Worley said this would adopt the amended TIP,which was the topic of tonight's public
hearing. When asked about the Blake sidewalk project, Mr. Worley confirmed that is not part of this TIP
and that project would come later. Mayor Higgins invited public comment; no comments were offered.
Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried.
7. Proposed Resolution 16-006 Authorizing Intermittent Closing of the Spokane River—Cary Driskell
It was moved by Deputy Mayor Woodard and seconded to approve Resolution 16-006 regarding
restrictions on use of the Spokane River relating to the Sullivan Road bridge construction project. City
Attorney Driskell explained that this would allow the City to help protect the public as it relates to the
Minutes Regular Council Meeting:02-09-2016 Page 3 of 5
Approved by Council:02-23-2016
construction zone near the Sullivan Bridge and still allow the public to use the area when appropriate and
safe. A question arose about the Centennial Trail,and Mr.Driskell said this does not affect the trail.Mayor
Higgins invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous.
Opposed:None. Motion carried.
PUBLIC COMMENTS: Mayor Higgins invited public comments; no comments were offered.
ADMINISTRATIVE REPORTS:
8. Governance Manual—Councilmember Hafner
Councilmember Hafner said he hopes at the end of tonight's discussion, either by consensus or motion at
the next meeting, to reaffirm resolution 15-007, which was adopted August 11, 2015, adopting the
Governance Manual; said his rationale for this is Council adopted these rules and procedures since 2003,
with numerous changes; that a process was followed and that Council needs to continue to follow that
process;that rules and procedures were chosen to increase meeting efficiency and effectiveness and manage
conflict,and to ensure that meetings run smoothly and follow a generally accepted format;and that Council
needs to adhere to its own rules of conduct, which he said in many instances in the past has not been the
case by a majority of Council; so he would like to re-affirm by consensus or motion later,that Council will
follow them or make changes through the governance committee and follow the process.
Councilmember Pace said he agrees, noted that page 45 mentions the purpose of this is, it is a set of
guidelines not rules, and that Council can suspend them if they want; said the Committee is working on
some changes and additions which will be brought to the entire Council; said he supports the manual as it
is a useful tool; said he doesn't think conflict is a bad thing,that it is healthy and provides energy that gets
things done; but agrees Council should follow the governance manual. Mayor Higgins suggested that we
take everything up at the same time, including all the amendments; and Councilmember Hafner agreed,
provided he said,that Council follow the process. Councilmember Hafner said if these are not procedures,
maybe we should change the title, as it states these are rules and procedures.
Councilmember Gothmann said he agrees conflict is fine when it is in policy, but when there is conflict in
procedures,that could be a problem; said the rules are rules of order and are an expansion of Roberts Rules
of Order, which Council can suspend by majority vote; but the purpose of the manual is to eliminate
procedure conflict; and said he is anxious to work on these together. Councilmember Grafos said it is
important to follow the manual and he looks forward to seeing the changes. Deputy Mayor Woodard and
Councilmember Wood agreed.
9.Advance Agenda—Mayor Higgins
Mayor Higgins mentioned the Chamber of Commerce's BIG 5 program and that the Chamber would like a
Councilmember to represent each of those five sections,for example,perhaps Councilmember Hafner could
be on the education part; and he asked Council to think about it and get back to him and he would make a
formal appointment later.
INFORMATION ONLY
Items(10) Operations &Administrative Quarterly Report, (11)Parks &Recreation Quarterly Report,
(12) Windstorm Funding to Outside Agencies, and (13) Contract for Comprehensive Plan Update,were
all for information only and were not reported or discussed.
CITY MANAGER COMMENTS
Mr. Jackson said that in November 2014,we contracted for our own transfer services with Sunshine, and
negotiated contracts with Sunshine and Waste Management as haulers; said the current contracts end
March 31, 2018; said we are starting well in advance and have issued an RFP (request for proposals)for
Minutes Regular Council Meeting:02-09-2016 Page 4 of 5
Approved by Council:02-23-2016
collection services; he said all this would come under a competitive process; said that the RFP is out now
and will close February 18,and March 22 this item will come before Council for discussion.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed, to adjourn. The meeting
adjourned at 7:08 p.m.
AT . L.R. Higgi u.ayor
Kristine Bainbridge, City Cleric
Minutes Regular Council Meeting:02-09-2016 Page 5 of 5
Approved by Council:02-23-2016
GENERAL PUBLIC COMMENT
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SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, February 9, 2016
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Ordinance No. C35167
AN ORDINANCE relating to use of immigration status information; adopting a
new section 3.10.050 to chapter 3.10 of the Spokane Municipal Code.
WHEREAS, it is the intent of the City Council to codify in the Spokane Municipal
Code provisions pertaining to the current Spokane Police Department policies and
procedures related to use of immigration status information; and
WHEREAS, all individuals, regardless of their immigration status, must feel
secure that contacting law enforcement will not make them vulnerable to deportation as
set forth in Spokane Police Department Policy Manual No. 428.4; and
WHEREAS, unless immigration status is relevant to another criminal offense or
investigation, the fact that an individual is suspected of being an undocumented alien
shall not be the sole basis for contact, detention, or arrest as set forth in Spokane Police
Department Policy Manual No. 428.3.1; and
WHEREAS, the immigration status of individuals alone is generally not a matter
for police action. It is incumbent upon all employees of this department to make a
personal commitment to equal enforcement of the law and equal service to the public
regardless of immigration status. Confidence in this commitment will increase the
effectiveness of the [City of Spokane] tin protecting and serving the entire community
as set forth in Spokane Police Department Policy Manual No.428.1;--Now, Therefore,
The City of Spokane does ordain:
Section 1. That there is adopted a new section 3.10.050 to chapter 3.10 of the
Spokane Municipal Code to read as follows:
3.10.050 Immigrant Status Information
A. Unless required by law or court order, no Spokane City officer or employee shall
inquire into the immigration status of any person, or engage in activities designed
to ascertain the immigration status of any person.
B. Spokane Police Department officers shall have reasonable suspicion to believe a
person has been previously deported from the United States, is again present in
the United States, and is committed or has committed a felony criminal-law
•
violation before inquiring into the immigration status of an individual.
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C. The Spokane Police Department shall not investigate, arrest, or detain an
individual based solely on immigration status.
D. The Spokane Police Department shall maintain policies consistent with this
section.
PASSED by the City Council on /0' d,'"1 , AC!
f4Jvd
Council President
Attest: Approved as to form:
City Clerk Assistant City Attorney
r—raum) C.„), 11, 0. ;OP/
Mayor Date
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Effective Date
di „so
WAST
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Resolution No. 16-001
A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,WASHINGTON,
DECLARING THAT THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY.
WHEREAS,the City of Spokane Valley puts public safety as the number one priority for our City;
and
WHEREAS,supporting our law enforcement community in their efforts to maintain law and
order toward the end of a high level of public safety is a priority of the executive and legislative
branches of our City Government; and
WHEREAS, cooperating with County,State and Federal law enforcement agencies is an
important part of maintaining law and order and public safety;and
WHEREAS, it is the policy of the City Council that the City of Spokane Valley is not a sanctuary
city which means the City Police department will ask for proof of legal residence in the United
States when appropriate and City employees are not discouraged from asking for proof of legal
residence as appropriate when conducting City business.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Spokane Valley,Spokane
County, Washington, as follows:
1-The City of Spokane Valley is not a sanctuary city.
2-The City of Spokane Valley Police Department is directed to assist other law enforcement
agencies in enforcing U.S.immigration laws.
3- Police officers and Sheriffs deputies, when operating within City limits,and City employees
are hereby directed to require proof of legal residence in the U.S. when it is appropriate as part
of doing their assigned jobs.
� � yrs, -�
Mayor,Spokane Valli
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