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2016, 04-12 Regular Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,April 12, 2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Staff 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 Chelsie Taylor, Finance Director Sam Wood, Councilmember Mike Stone, Parks & Recreation Director Bill Gothmann, Councilmember Pro Tern John Hohman, Comm&Eco. Dev. Director Erik Guth, Public Works Director ABSENT: Mike Basinger, Eco.Dev. Coordinator Rod Higgins, Mayor Morgan Koudelka, Sr. Administrative Analyst John Whitehead, Human Resources Manager Carolbelle Branch, Public Information Officer Rick VanLeuven, Police Chief Christine Bainbridge, City Clerk INVOCATION: Pastor Andrew Fouche 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 Mayor Higgins. It was moved by Councilmember Pace, seconded and unanimously agreed to excuse Mayor Higgins from tonight's meeting. APPROVAL OF AGENDA It was moved by Councilmember Pace, seconded, and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmembers Grafos, Gothmann and Wood had no report. Councilmember Pace reported that he attended the STA(Spokane Transit Authority)meeting and that he continues to oppose any ballot measure for an additional sales tax; and said he went to the Chamber of Commerce Government Relations meeting. Councilmember Hafner said he also attended the STA meeting where they discussed having a police presence at the plaza; said they discussed the controversial additional sales tax for a Central City line for a high-transit system from Browns through the business section up to the University,then to the Community Colleges, and that it really is a City of Spokane Project; went to the Health District Board meeting where they talked about vaping regulations and some proposed legislative changes concerning sampling of different types of vapors; and that they are continuing their goal of hiring a new health district officer. Deputy Mayor Woodard said he went to the Chamber of Commerce meeting and they discussed the types of issues that come up when the legislature is in session,when there are limited days in which to respond, and they are working to determine how best to respond in those situations. MAYOR'S REPORT n/a Minutes Regular Council Meeting:04-12-2016 Page 1 of 4 Approved by Council:04-26-2016 PROCLAMATION n/a PUBLIC COMMENTS: Deputy Mayor Woodard invited public comments. Mr. David Wiyrick spoke about his concern for and support of a citizen review board, and read excerpts from his handout,copies of which were distributed to Council. 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 claim vouchers on April 12,2016 Request for Council Action Form,Total: $2,286,767.24 b. Approval of Payroll for Pay Period Ending March 31, 2016: $431,952.70 c. Approval of March 8,2016 Council Meeting Minutes,Regular Formal Format d. Approval of March 22, 2016 Council Meeting Minutes, Regular Formal Format e. Approval of March 28, 2016 Council Meeting Minutes, Special Meeting f. Approval of March 29,2016 Council Meeting Minutes, Special Meeting g. Approval of March 29, 2016 Council Meeting Minutes, Regular Study Session Format h. Approval of April 5, 2016 Council Meeting Minutes, Study Session Format It was moved by Councilmember Pace, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. First Reading Proposed Ordinance 16-004,Uncovered Loads—Erik Lamb It was moved by Councilmember Gothmann to advance Ordinance No. 16-004, adopting Spokane Valley Municipal Code Chapter 7.10, relating to the transportation of waste materials, to a second reading. After City Clerk Bainbridge read the ordinance title, Deputy City Attorney Lamb and Legal Intern Caleb Hatch went over the proposed ordinance, and explained the difference in penalties between a class 2 and a class 3 civil infraction. Council agreed to include a class 3 infraction rather than a class two, and that will be so noted when this comes back for a second reading. Deputy Mayor Woodard invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 3. Motion Consideration: Approval of WSDOT Call for Projects—Eric Guth It was moved by Councilmember Pace and seconded, to approve the Deputy City manager to authorize staff to apply for WSDOT's Pedestrian and Bicycle Program and Safe Route to School grant funds for the projects outlined above with no matching funds. Director Guth explained the process and the proposed projects as well as the financial impacts, including the scenario of needed funds should the City go with a 10% or a 20% match. Mr. Guth noted that seventeen schools now have beacons, with thirteen placed at elementary schools and four at middle schools; and said the remaining twelve or thirteen needed areas are mostly middle schools, with possibly one high school. Discussion turned to available REET (real estate excise tax) funds and whether to include a 10 or 20% match when applying for these grants. Mr. Calhoun mentioned the REET analysis included in the packet materials,and that there has been so much committed to the Barker project and the Sullivan/Euclid intersection,that we are reaching our saturation point; and he mentioned that an alternate source would be when we close out the books at year-end, and move any fund balance in excess of 50% into the capital reserve fund for a variety of specific projects. After Council discussion on matching funds, it was moved by Councilmember Hafner and seconded to amend the motion to accept all five grant application proposals with 10% matching funds. It was mentioned that the likelihood of receiving all grants is slim. Deputy Mayor Woodard invited public comment; no comments were offered. Vote by acclamation to amend the motion: In Favor: Deputy Mayor Woodard, and Councilmembers Grafos, Gothmann, Pace and Hafner. Opposed: Councilmember Wood. Motion Carried. Vote on the fully amended motion to approve the Deputy City Manager to authorize staff to apply for WSDOT's Pedestrian and Bicycle Program and Safe Route to School grant funds for the projects outlined Minutes Regular Council Meeting:04-12-2016 Page 2 of 4 Approved by Council:04-26-2016 above with 10% matching funds. In Favor: Deputy Mayor Woodard, and Councilmembers Grafos, Gothmann, Pace and Hafner. Opposed: Councilmember Wood. Motion Carried. 3a. Proposed Resolution 16-007 Restrictions on Spokane River Use—Cary Driskell It was moved by Councilmember Hafner and seconded to approve Resolution 16-007 regarding restrictions on use of the Spokane River relating to the Sullivan Road bridge construction project. City Attorney Driskell explained that last February,Council approved Resolution 16-006 placing restrictions on access to the River and closing the section of the river in the vicinity of the Sullivan Road bridge when unsafe conditions occur, specifically from 100 feet east of the easternmost edge of the northbound bridge to 500 feet west of the easternmost edge; and that this resolution would change that area to start from the Old Mission Trail takeout,which is about 1,100 yards from the easternmost edge of the northbound road bridge, to 500 feet west of the easternmost edge, as noted in the newer resolution.Deputy Mayor Woodard invited public comment. Krisinda Marshall asked if this is just for the river or includes the Centennial trail. Mr. Driskell explained that due to the water level and speed,as well as the construction,the area creates a hazard for people navigating through the waters, and that the Centennial Trail has been addressed by contractor. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Deputy Mayor Woodard invited public comments; no comments were offered. ADMINISTRATIVE REPORTS 4. Accomplishments Report—Mark Calhoun The report started with an explanation from Mr. Calhoun of the 2015 Council Goals and the work done in association with each goal, and included an update on the November wind storm; he explained the Legislative and Executive departments, including the number of Council meetings and committees Council serve on; and moved into the City Clerk's Office with public record requests and information on records management. Sr. Administrative Analyst Koudelka explained about the contract administration; followed by an explanation of their respective departments and areas of expertise from Public Information Officer Branch, Human Resources Manager Whitehead, Finance Director Taylor, Deputy City Manager Calhoun for IT services, and City Attorney Driskell. Deputy Mayor Woodard called for a recess at 7:35 p.m. and reconvened the meeting at approximately 7:45 p.m., at which time the remainder of the Accomplishments Report was given by Police Chief VanLeuven,Community and Economic Development Director Hohman, and Public Works Director Guth. Council thanked staff for the presentation and their continued work over the year. 5. Comprehensive Plan,Tiny Homes Micki Harnois Previously removed from the agenda;to be brought back at a future meeting. At 8:47 p.m. it was moved by Councilmember Hafner, seconded and unanimously agreed to extend the meeting to 9:30 p.m. 6. Comprehensive Plan Goals, Follow-up Report-John Hohman Director Hohman explained that staff wanted to take a step back and give Council more of an overall review prior to getting into the details of the comprehensive plan;said the previously discussed Retail and Tourism studies help populate strategies and the focus areas as we move forward on the comprehensive plan, and as we move forward, he said that Economic Development Coordinator Mr. Mike Basinger will be working with other staff on this endeavor, and will be the lead staff person. Mr. Basinger said that although he just became the lead person for this issue, he has been involved with the Comprehensive Plan process almost since our City's incorporation. It was explained that focus areas refer to specific issues in each comp plan element that the City wants to analyze further, and some things for Council to consider while evaluating the focus areas include whether the focus areas adequately reflect the community's priorities, and if there Minutes Regular Council Meeting:04-12-2016 Page 3 of 4 Approved by Council:04-26-2016 are any missing focus areas. Mr. Basinger said the goal is to keep the comp plan lean and understandable and to make sure Council's priorities are incorporated into the plan; said we must, of course, adhere to GMA (Growth Management Act) requirements, but that the idea is to keep the plan driven and guided by the City's vision. He explained that the PowerPoint slides are organized by comp plan elements identified by focus areas, with general statements identifying priorities. Councilmember Gothmann said he noticed with some other cities,that their bike plans are readily available on their website and not just in a book,and Mr. Basinger agreed,and said staff is also examining our website for functionality,that they want to make it mobile friendly and to upgrade our GIS system as well; said the retail improvement strategy has shown we need to capitalize on our assets like the Trail and to make connections to retail;and that the overall goal is to update the comp plan with strategies and actions for a unified vision of the City. 7. Advance Agenda—Mayor Higgins There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS Mr. Calhoun apologized again for the microphone problems,and extended thanks to IT Specialist Bing and the members of Twisted Pair video-recording crew for their assistance with additional microphones. It was moved by Councilmember Hafner, seconded, and unanimously agreed to adjourn. The meeting adjourned at 9:12 p.m. ATTES ': L.R. Higgi , Ma o./ ,. hristine Bainbriage, City Clerk Minutes Regular Council Meeting:04-12-2016 Page 4 of 4 Approved by Council:04-26-2016 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, April 12, 2016 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT /DA (AD i ��� ck < , Wit, 12 :,z1 S11./74 � C/ /Y s Please note that once information is entered on this form, it becomes a public record subject to public disclosure. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 12, 2016 Department Director Approval: IZ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing [' information ❑ admin. report [' pending legislation ❑ executive session AGENDA ITEM TITLE: Resolution 16-007 — Restrictions on Spokane River Use Re: Sullivan Road Bridge Project. GOVERNING LEGISLATION: RCW 35A.11.020 PREVIOUS COUNCIL ACTION TAKEN: Resolution 16-006 closing portion of Spokane River immediately adjacent to the Sullivan Bridge construction project BACKGROUND: The City is currently working on the Sullivan Road West bridge replacement project through its contractor, Max J. Kuney Company. That project occasionally requires closure of the Spokane River immediately adjacent to and under the project for safety reasons because of equipment use and potentially falling debris. Additionally, fluctuating water levels due to seasonal runoff creates additional safety issues with regard to the construction site. The Spokane County Sheriff has traditionally been consulted on whether conditions warrant closing portions of the river because he is the chief safety officer in the County. As such, staff has consulted with Sheriff Knezovich and advised him of the conditions. Sheriff Knezovich read this draft Resolution and recommended that it be approved to appropriately provide for the health, safety, and welfare of our citizenry. This proposed Resolution is drafted to recognize that periodic, short-term closures on an as- needed basis will provide the safety necessary and still leave the river open for normal use the rest of the time. The Resolution would delegate to the City Manager or designee the authority to assess the conditions and close the Spokane River around the construction site intermittently as appropriate. It would expire October 31, 2016 unless acted on by the Council prior to that. The Resolution also requires that appropriate notice be given of intermittent closures and subsequent re-openings so that the public is well informed. Resolution 16-006, adopted February 9, 2016, had a river closure area smaller than what is requested in Resolution 16-007. The closure area in Resolution 16-007 is based upon updated information and recommendations from the Spokane County Sheriff's Department. OPTIONS: (1) approve Resolution 16-007; (2) request changes. RECOMMENDED ACTION OR MOTION: I move we approve Resolution 16-007 regarding restrictions on use of the Spokane River relating to the Sullivan Road bridge construction project. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, City Attorney. ATTACHMENTS: Proposed Resolution 16-007. CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ,'�a,v RESOLUTION NO. 16-007 A RESOLUTION SUPERSEDING RESOLUTION 16-006,AND AUTHORIZING THE CITY MANAGER TO PERIODICALLY CLOSE AND OPEN THE SPOKANE RIVER ON A TEMPORARY BASIS RELATING TO THE SULLIVAN ROAD BRIDGE CONSTRUCTION PROJECT UNTIL OCTOBER 31, 2016, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City may take appropriate action to protect the public health, safety, and welfare of its citizens pursuant to the Washington State Constitution,Article XI Section 11, and RCW 35A.11.020; and WHEREAS, the southbound Sullivan Road bridge is currently under construction. As a consequence of this construction, and due to fluctuating water levels due to seasonal runoff, periodically there may be a risk of injury for people utilizing the river; and WHEREAS,the City has been advised by Spokane County Sheriff Knezovich that these conditions constitute a significant safety concern, and that it is appropriate to restrict access to the Spokane River surrounding the Sullivan Road bridge construction project due to danger posed by the construction project and the elevated water levels in the Spokane River. These conditions pose a danger to any person entering the river, including rescue personnel. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Restrictions on Access to Spokane River Around Sullivan Road Bridge. a. The City is currently replacing the southbound Sullivan Road bridge. This work occasionally results in potentially unsafe conditions for people who may be in the Spokane River immediately below the construction site,which includes an area on either side of the bridge. b. The City and its contractor are able to determine when unsafe conditions are likely to occur due to ongoing construction. In lieu of ordering the area around the construction zone to be closed until the new southbound bridge is completed, the City Council delegates to the City Manager or designee the authority to close that portion of the Spokane River identified in Section 1(c), including those identified limitations of use, on a periodic basis as may be warranted by the conditions. The City Manager may consult with any appropriate personnel necessary in making the determination to close or re-open the affected portion of the river. c. The City Manager or designee is hereby authorized to periodically close the Spokane River in the vicinity of the Sullivan Road bridge when unsafe conditions due to ongoing construction and/or river water levels occur. When so closed, the public shall not intentionally enter, swim, dive or float, with or without a boat,raft, craft, or other floating device, in or upon the water of the Spokane River from the Old Mission Trail takeout (which is approximately 1,100 yards from the easternmost edge of the northbound Sullivan Road bridge)to 500 feet west of the easternmost edge of the northbound Sullivan Road bridge as identified by the City through media releases,traffic alerts,or other appropriate means. Said media releases or traffic alerts shall identify the beginning and end date and time of each intermittent closure. Resolution 16-007-Restrictions Spokane River Use Re: Sullivan Road Bridge Page 1 of 2 d. The Spokane Valley Police Department is directed to take appropriate action to enforce this Resolution for the benefit of the public health, safety, and welfare. Section 2: Supersedes Resolution 16-006. This Resolution shall supersede Resolution 16-006 in its entirety and Resolution 16-006 shall not have any further effect upon adoption of this Resolution. Section 3.Duration of Restrictions on Access to Spokane River. This Resolution shall be effective upon adoption, and shall continue in effect until October 31,2016, unless terminated earlier by subsequent action of the City Council. Adopted this day of April, 2016. City of Spokne Valley „op L.R. Higgins, Mayri. ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Resolution 16-007-Restrictions Spokane River Use Re: Sullivan Road Bridge Page 2 of 2 GOOD EVENING COUNCIL MEMBERS I AM DAVID WIYRICK A SPOKANE VALLEY RESIDENT I AM HERE TO MAKE COMMENTS REGARDING THE NEW PROPOSED CITIZEN REVIEW BOARD BEING PROPOSED BY THE SPOKANE VALLEY CITY COUNCIL MEMBERS. I UNDERSTAND THERE HAVE BEEN NUMEROUS SPOKANE VALLEY CITIZENS THAT HAVE REQUESTED THAT THE SPOKANE VALLEY CITY COUNCIL HAVE CONVERSATIONS REGARDING THE FORMATION OF A CITIZEN REVIEW BOARD. FOR THE RECORD I DO FULLY SUPPORT SUCH A MOVE AND APPLAUD THE COUNCIL MEMBERS FOR TAKING A FRESH LOOK AT THE WAY THE CITY OF SPOKANE VALLEY CONDUCTS BUSINESS. I WAS ONE OF THE KEY ARCHITECTS FOR THE SHERIFFS CITIZEN ADVISORY BOARD WHICH WAS FORMED UNDER THEN SHERIFF MARK STERK. THE CAB WAS FORMED AS A SOUNDING BOARD WHEN THERE WAS GOING TO BE CHANGES IN TRAINING AND POLICY WITHIN THE SHERIFFS OFFICE AND ALSO TOURS AND DEMONSTRATIONS WERE PROVIDED TO THE CAB MEMBERS SO THEY ,7/-%� WOULD MORE FULLY UNDERSTAND THE WORKINGS OF THE SHERIFFS OFFICE. IT HAS BEEN MISREPRESENTED BY A SENIOR LAW ENFORCEMENT OFFICER THAT THE CAB DID A COMPLETE REVIEW OF THE ROBERT YATES MURDER INVESTIGATION. IN FACT A WELL KNOWN FORMER DETECTIVE FROM THE OJ SIMPSON TRIAL WROTE A BOOK ABOUT THE INVESTIGATION AND WAS CRITICAL OF THE TASK FORCE INVESTIGATION. A PRESENTATION WAS MADE TO THE CAB REFUTING THE MISTAKES IN THE BOOK BY THE AUTHOR. THE CAB DID PREPARE A LETTER REGARDING THE MISINFORMATION PRESENTED IN THE BOOK. AS AN ASIDE IF A CITIZEN WISHED TO GOOGLE THE DETECTIVES WEBSITE THEY MIGHT LOCATE A PHOTO OFA CURRENT HIGH RANKING LAW ENFORCEMENT OFFICIAL STANDING WITH THE FORMER L.A. DETECTIVE ATA BOOK SIGNING. I BELIEVE THE INTENSE PUBLIC PRESSURE ON THE SHERIFF TO FORM A LEGITIMATE CAB HAS HAD A POSITIVE EFFECT AND THE SHERIFFS CAB WILL BE A GOOD ORGANIZATION IN THE FUTURE WHEN THEY TRULY BECOME AUTONOMOUS FROM THE SHERIFF'S INFLUENCE AND CAN CALL FOR AN INVESTIGATION ON ANY CASES THEY DEEM TO INVESTIGATE INCLUDING IMPUT FROM OPPOSING SIDES. I APPLAUD THE SHERIFF CAB MEMBERS AND I WAS RESPONSIBLE FOR THE SELECTION OF MOST OF THE MEMBERS BACK WHEN IT WAS FIRST FORMED AND MANY OF THEM ARE STILL MEMBERS. HOWEVER THE SPOKANE VALLEY HAS A LARGE POPULATION AND IT IS TIME THAT A MUNICIPALITY OF THIS SIZE FORM ITS OWN CIVILIAN REVIEW BOARD TO ADDRESS SAFETY CONCERNS AND COMPLAINTS WITH-IN THE CITY. THE CIVILIAN REVIEW BOARD SHOULD ANSWER TO THE CITY MANAGER OR A PUBLIC SAFETY DIRECTOR WHO WOULD ULTIMATELY ANSWER TO THE SPOKANE VALLEY CITY COUNCIL. I WOULD SUGGEST BOARD MEMBERS BE KNOWLEDGEABLE OF THE USE OF FORCE CONTINUUM, BASIC KNOWLEDGE OF POLICIES AND PROCEDURES,ACCREDITATION STANDARDS AND CRIMINAL JUSTICE TRAINING COMMISSION PROVIDED TRAINING . AND BY THE WAY CONGRATULATIONS TO CURRENT CHIEF RICK VAN LUEVEN FOR ATTAINING THIS ACCREDITATION FOR HIS DEPARTMENT. I WAS THE SHERIFFS STAFF MANAGER THAT ATTAINED THE FIRST SPOKANE COUNTY SHERIFF'S ACCREDITATION UNDER SHERIFF GOLDMAN AND UNDERSTAND HOW DIFFICULT AND THE HARD WORK IT TAKES TO ATTAIN THE ACCREDITATION . THE CITIZEN REVIEW BOARD SHOULD ALSO BE AWARE OF THE TYPE TRAINING PRESENTED BY THE WASHINGTON STATE CRIMINAL JUSTICE CENTER TO LOCAL LAW ENFORCEMENT OFFICERS. I SUGGEST THE SPOKANE VALLEY CITY COUNCIL WORK WITH ALL OF THE STAKEHOLDER CITIZENS IN THE VALLEY INCLUDING WOMEN AND MINORITIES AND PROFESSIONALS . THEY NEED TO VET EACH APPLICANT CAREFULLY AND BE CAREFUL NOT TO INCLUDE PERSONS THAT ARE BIASED AGAINST LAW ENFORCEMENT OR HAVE AN AX TO GRIND AGAINST LAW ENFORCEMENT . THIS WILL BE BUMPS AND BRUISED EGO'S ALONG THE PATH BUT IT WILL BE WELL WORTH IT IN THE END. CITY COUNCIL MEMBERS, I THANK EACH AND EVERY ONE OF YOU FOR YOUR COURAGE AND BRAVERY IN MAKING THE VALLEY LAW ENFORCEMENT A MORE TRANSPARENT AGENCY. I HAVE WORKED WITH MANY OF THE CURRENT POLICE OFFICERS IN THE SPOKANE VALLEY BEFORE I RETIRED AND I BELIEVE WE HAVE OFFICERS THAT RISK THEIR LIVES EVERYDAY FOR THE CITIZENS AND HAVE A GREAT REPUTATION AND HOPE THE NEXT VALLEY POLICE CHIEF CAN KEEP THE MOMENTUM GOING AND WILL BE VISIBLE TO THE PUBLIC AND ACT AS THE SPOKESMAN WHEN DOING PUBLIC AND MEDIA ON CAMERA PRESS RELEASES INSTEAD OF HAVING A SHERIFF'S SPOKESMAN DOING THE TELEVISED PRESS RELEASES. I BELIEVE THE CIVILIAN REVIEW BOARD SHOULD ALSO BE ABLE TO REVIEW INTERNAL INVESTIGATIONS IN SOME CASES WHICH MAY ACTUALLY CLEAR THE OFFICER IF THERE HAS BEEN AN UNFAIR FINDING WITH-IN THE AGENCY. THANK YOU FOR YOUR TIME.