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2016, 06-07 Regular Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,June 7,2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Staff Rod Higgins, Mayor Mark Calhoun, Deputy City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Ed Pace, Councilmember Mike Stone, Parks &Recreation Director Sam Wood, Councilmember Chelsie Taylor, Finance Director Bill Gothmann, Councilmember Pro Tem John Hohman, Comm. Development Director Eric Guth, Public Works Director Rick Van Leuven,Police Chief Erik Lamb, Deputy City Attorney Steve Worley, Senior Engineer Morgan Koudelka, Sr. Administrative Analyst Mike Basinger, Senior Planner Carolbelle Branch, Public Information Officer Carrie Koudelka, Deputy City Clerk INVOCATION: Pastor Al Hulten of Valley Assembly Church led the invocation. PLEDGE OF ALLEGIANCE Everyone stood for the Pledge of Allegiance. ROLL CALL Deputy City Clerk Koudelka 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 n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wood said he attended an event at the House of Charity. Councilmember Pace had nothing to report. Councilmember Gothmann said he attended the groundbreaking at Opportunity Elementary school.He said his term expires a week from today and said that due to his country and the government he has had a fortunate life; he went to college, earned degrees, built a house, has flown planes, written books, and has enjoyed many freedoms. He said after retirement he felt he wanted to give back to the community and has done so, first on the Planning Commission and then on the City Council. He thanked Council for the opportunity to serve the City the last several months. Deputy Mayor Woodard said he represented the Valley at the Sunrise Elementary school groundbreaking where he commented on the importance of passing school bonds and education. MAYOR'S REPORT Mayor Higgins said there is money in the bank to build the new City Hall and that he attended a meeting of the Clean Air Advisory Board. He also said Spokane Valley was designated a Well City by the Association of Washington Cities and is one of 112 members to receive the Well City award which allows for a two percent discount on the City's 2017 insurance premiums. PROCLAMATION: n/a Minutes Regular Council Meeting:06-07-2016 Page 1 of 7 Approved by Council:06-28-2016 PUBLIC COMMENTS: After Mayor Higgins explained the process and ground rules,he invited general public comments. Jesse Granado, Spokane Valley, said he is the District Manager of Waste Management in Spokane Valley and provided information on their local services, along with a flyer detailing 2016 residential rates for curbside solid waste collection.He said their primary customer service staff are located in Phoenix, AZ, but they have recently opened a new local customer service center at 11321 E. Indiana Ave. 1.PUBLIC HEARING:Draft Amended 2016 Transportation Improvement Program(TIP)—Steve Worley Senior Engineer Worley said the public hearing is to discuss the amended 2016 TIP and that amending the TIP is done at least once every year. He said this is the second amendment due to changing projects and the need to add three projects to the list for this year. 1) Sullivan Euclid PCC Intersection project: the City received $1.2 million in funds from Spokane Regional Transportation Council for construction of the project. He said we can apply for state funds through a local Call for Projects grant to reduce the City's funds needed for our local match,which he will present to Council on July 12 to get input as to what grants we should apply for. 2) Barker Rd/BNSF Grade Separation project: the City has federal earmarked funds for this project and Council agreed to provide the local match for those funds. 3) Bridging the Valley project: there are funds in this year's budget to acquire property to support an undercrossing at Pines and Trent and those funds used will qualify toward our local match requirement. He said they deleted the Sprague LID project due to a delay in grant funding but he said the project may come back in a later year. Mayor Higgins opened the public hearing at 6:23 p.m. and invited public comment. There were no comments from the public.Mayor Higgins closed the public hearing at 6:24 p.m. 2.PUBLIC HEARING: Draft 2017-2022 Six-Year Transportation Improvement Program—Steve Worley Senior Engineer Worley said state law requires the City prepare a six-year TIP every year to plan for transportation projects. He said he presented the TIP to Council at the May 24th meeting and this hearing is to take public comments and answer questions. Mayor Higgins opened the public hearing at 6:2.5 p.m. and invited public comment: Krisinda Marshall, Spokane Valley, asked if the projects on the TIP can change. Mr. Worley said the TIP is a fluid document and the projects can change. Mr. Worley said he also received a call from someone with a comment regarding the Mission project that errantly shows three lanes and he will correct that to reflect two lanes in the TIP. Mayor Higgins closed the public hearing at 6:27 p.m. 3. 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 June 7,2016 Request for Council Action Form,Total: $703,255.62 b. Approval of Payroll for Pay Period Ending May 31, 2016: $415,138.04 c. Approval of May 17, 2016 Council Meeting Minutes, Study Session d. Approval of May 24,2016 Council Meeting Minutes,Formal Format It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 4. Second Reading Proposed Ordinance 16-008 Amending 2016 Budget—Chelsie Taylor After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 16-008 amending Ordinance 15-019 which adopted a budget for the period of January 1, 2016 through December 31, 2016. Finance Director Taylor said she reported on this amendment at the May 17,2016 Council meeting and that a public hearing and first reading of the ordinance were held on May 24,2016. She said she is prepared to discuss the details of the various amendment items previously detailed or entertain comments and questions.Mayor Higgins invited comments from the public; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None Motion carried. Minutes Regular Council Meeting:06-07-2016 Page 2 of 7 Approved by Council:06-28-2016 5. Second Reading Proposed Ordinance 16-009 Avista Electrical Franchise—Cary Driskell It was moved by Deputy Mayor Woodard and seconded to approve proposed Ordinance 16-009 granting an electrical franchise to Avista Corporation. City Attorney Driskell said this topic has been before Council three times previously and the franchise will be for a twenty-five year term. Mayor Higgins invited comments from the public: Samantha Johnson asked as to how Avista was selected for the award. City Attorney Driskell said that information provided at previous meetings stated that Avista is one of four electrical franchises in Spokane Valley, along with Inland Power and Light, Modern and Vera, each with an assigned service area. He said this franchise agreement only applies to Avista in their service area. Vote by Acclamation: In Favor: Unanimous. Opposed:None Motion carried. 6. Motion Consideration: Bid Award, Broadway Street Preservation Project—Steve Worley It was moved by Deputy Mayor Woodard and seconded to award the Broadway Street Preservation Project, CIP #0233, to Inland Asphalt Company as the lowest responsive and responsible bidder, in the amount of $424,424.24, and authorize the Acting City Manager to finalize and execute the construction contract. Public Works Director Guth said the project is on Broadway from Sullivan to 200 feet east of Moore Road in front of Walmart and that it ties in traffic signals to the Intelligent Transportation System(ITS)networks and upgrades ADA ramps so they are compliant with federal law. He said the City received two bids on May 20, 2016, and that the low bidder was below our engineer's estimate. He said he believes it is a responsible bid and encourages Council to award the bid to Inland Asphalt.He said the ITS consists of fiber optics that link traffic signals and message boards that allows coordination and control of devices. Mayor Higgins invited comments from the public; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comment. Krisinda Marshall, Spokane Valley, asked as to the purpose of SCRAPS because she said she saw a dog hit by a car and when she called SCRAPS to report it she was told to contain the dog. She said she could not contain the dog, she had her children and her own dog with her and she said she left the dog and SCRAPS did not help the dog. She said she would like someone to get back to her with information about SCRAPS and a phone number to call them. ADMINISTRATIVE REPORTS 7. Council/Planning Commission Comp Plan Follow-up—Mike Basinger,John Hohman Community and Economic Development Director Hohman said he and Senior Planner Basinger will give an overview of the results of the workshop held on May 3rd and update Council on where they are in the process and discuss the items they are contemplating bringing forward. Councilmember Gothmann asked if this information went out to the public.Mr.Basinger said it has gone out to the public and to the Planning Commission before the Planning Commission/Council Workshop. He said staff is drafting the framework and the land use map that will develop regulations. He went through the presentation, stating that with regard to Districts, the City Hall project received the highest support and that participants want barriers removed and no increase in regulation. Mr. Hohman said that they want to begin with a marketing effort based on the results of the workshop.Mr.Basinger said they are concerned that there was moderate support to having districts or overlays and he said they are looking at ways to support those areas. Councilmember Pace said he thought a district would be more restrictive and he said he thinks the City should be more flexible toward businesses. Councilmember Wood said he does not like the idea of districts because it restricts the types of businesses that can be in those districts. He said we could promote an area as a district as long as we do not restrict it with barriers. Mr.Basinger said Corridor concepts received the highest level of support and changing Office designations to Mixed Use received the lowest support. He asked Council to clarify their desire with regard to changing Office designations. Councilmember Pace asked if Mixed Use still allows Office and Mr. Hohman said Mixed Use zoning is the most flexible use and allows office. Councilmember Wood said he likes the idea of reducing the number of zones and giving more flexibility and opportunity which leads to more development. Deputy Mayor Woodard asked if that would help repurpose buildings along Sprague and Sullivan.Mr.Basinger said on Sprague and Appleway they are looking to allow more flexibility throughout Minutes Regular Council Meeting:06-07-2016 Page 3 of 7 Approved by Council:06-28-2016 the corridor and it would not interfere with the auto dealerships. Mr. Hohman said they are looking to provide flexibility for companies such as Whites Boots so they could have onsite manufacturing and retail sales in the same facility. Mr. Basinger said staff is trying to identify areas on corridors that can be designated Neighborhood Commercial without impinging on other people's properties and overcomplicating the regulations. Councilmember Wood said he grew up in Perry district and he said he thinks that is a good example of what Neighborhood Commercial can do for revitalizing a neighborhood when it is in the right areas. Deputy Mayor Woodard said he is concerned that if we do Neighborhood Commercial in a residential neighborhood that it does not get rid of the original use. Councilmember Gothmann said Neighborhood Commercial would be Neighborhood Commercial/Residential to allow both uses. Mr. Basinger said he will talk to the consultants now that he has a better direction from Council. Mr. Basinger said Ponderosa and Rotchford Acres are designated R1 and are one-acre lots. He said they are proposing to keep both RI and R2 designations. He said the R3 designation is 7,500 square foot minimum lot size and R4 is 6,000 square feet. He said the Comprehensive Plan stipulates that properties cannot exceed six units per acre and they are looking to consolidate R3 and R4 with a minimum lot size of 4,000 square feet to allow more flexibility for property owners to utilize their land for development. Councilmember Wood said he noticed that lot sizes and houses are getting smaller so people do not need as much lot size and he does not see a problem with going to smaller lot sizes. Deputy Mayor Woodard asked if this is in residential areas and not PUD's and Mr. Basinger confirmed it does not apply to PUD's. Deputy Mayor Woodard said he thinks it makes sense to utilize some areas of a development with smaller lot sizes but he said there should be places to absorb kids and activity, such as pocket parks. Mr. Basinger said there was high support for character and quality of life, a mix of land uses, efficient regulations and review process and a variety of housing types. He said there was little support for incentives for energy performance and renewable energy and water-saving techniques with new development. Councilmember Pace said he thinks owners should be able to use products based on cost and personal choices and not be restricted by regulations. Deputy Mayor Woodard said it should be up to the property owner to use water saving techniques or zero-landscaping efforts if it is important to them but the City should stay out of it. Mr.Basinger said the Economic Development element received the highest support,transportation received moderate support, and the housing element received the lowest support. He also said Parks and Recreation received moderate support and the Capital Facilities and the Utilities element received high support. Mr. Hohman said they are giving this same presentation to the Planning Commission on June 23rd and hope to have the same type of discussion. Acting City Manager Calhoun asked Mr. Hohman to give an update on the Comp. Plan process and status. Mr. Hohman said they are drafting the land use map and looking to bring it forward to Council in July, depending on the schedule of the meetings. He said staff has met with a number of industry people for feedback on ideas and they are consolidating that information and talking to the consultants on Thursday for refinement; staff will come back to Council with goals, policies and further detail on those items. He said the traffic consultant is working on conditions for traffic to get a baseline started and when the land use map is further along they will have an alternative to model.He said staff will be active with reports to Council over the next couple months and plan to have a draft to Council by the end of summer,probably late August. He said before that stage, staff will need Council feedback on the land use map. Mr. Hohman said staff is working to have the draft Comp. Plan finished by August 31st, and the consultant contract expires on December 31st,but he said it will take time to go through the Planning Commission and Council after August.He said the Development Regulations should be ready a month after the draft Comp Plan. Mayor Higgins call for a break at 7:37 p.m. The meeting reconvened at 7:51 p.m. 8. Marijuana Regulations—Erik Lamb Deputy City Attorney Lamb said the City established a moratorium on marijuana uses in December 2014 and extended the moratorium in late 2015 and that marijuana is regulated by federal and state law and by our local code. He said in 2015,the state tried to reconcile medical and recreational markets and laws, and he said while the state has still not finalized their rules, we have an idea where they are headed. In 2015 legislation allowed medical endorsements for retail stores to sell compliant marijuana.He said"compliant" Minutes Regular Council Meeting:06-07-2016 Page 4 of 7 Approved by Council:06-28-2016 marijuana is the term the state uses rather than"medical"marijuana; it has a high CBD(cannabidiol)ratio, no pesticides and high THC (tetrahyrocannabinol) ratio. Anyone over twenty-one can purchase compliant marijuana and he said if the moratorium is lifted, retail stores in Spokane Valley will likely double from three to six. He said staff is seeking a consensus from Council to bring forward to a future agenda for an ordinance first reading for marijuana regulations. Councilmember Wood asked if we have looked at how this impacts the updates to our zoning. Mr. Lamb said not specifically but staff will look at that closely when it comes through, he said we will need to think about where the zones will be and how many there are to see how to respond through the marijuana regulations. Deputy Mayor Woodard said by allowing patients to grow up to fifteen plants per housing unit we are basically giving up on the black market. Mr. Lamb said that the state has not completely closed the loopholes. Deputy Mayor Woodard asked if Butane is a solvent and if hemp is considered a marijuana product. Mr. Lamb confirmed that Butane is a solvent but said hemp is different from marijuana and it is not supposed to contain any THC. Mayor Higgins asked if it is possible to tour a grow operation. Mr. Lamb said he will work with Mr. Hohman to set up a tour of a retail and a production facility before the first reading of the ordinance. 9. Law Enforcement Contract Review—Morgan Koudelka, Mark Calhoun Acting City Manager Calhoun provided a brief background on the topic and explained that the City contracts for many services including public safety services such as law enforcement, jail and public defender.He said we contract with Spokane County for law enforcement services and the contract is a four- year term that auto-renews unless one of the parties gives notice of termination. Sr.Administrative Analyst Koudelka went through the presentation and asked for dialogue with Council to help refine the contract and define the goals of Council that best serve the community. With regard to the length of the term of the contract,Deputy Mayor Woodard said he has been thinking about a four-year contract with a one-year"No Call"and an eighteen-month sliding notification for termination. Mr. Calhoun said he would like to hear if there is consensus any one idea or if someone has another idea. Councilmember Pace said he likes Mr. Woodard's suggestion but without the one year"No Call." Councilmember Wood said he thinks a four- year contract is needed; he said shorter contracts are not as effective, and added that he does not like auto- renewals. Mr. Woodard asked if the termination notification window can slide and Mr. Pace said he, too, would like a sliding window for termination notification and no auto-renewals. He said he would like the contract to come before Council with a performance evaluation for a Council vote before it is renewed. Councilmember Gothmann said he is agreeable to the contract coming before Council every four years for a vote or also agreeable with the contract auto-renewing. With regard to the sliding notification,he said it would be very difficult to make an investment at the beginning of a term to amortize costs if that is done over an eighteen-month period rather than four years. City Attorney Driskell said that if we are looking at no mandatory roll-over we should also look to include a provision for "mandatory meet and confer" at a specific time before the contract is set to expire so there is a deliberative process before the contract expires. He said the eighteen-month termination provision protects the City in the event we need to transition to our own police force, it provides the time necessary to do so correctly. He asked for clarification on what Councilmembers mean by"sliding eighteen months"and"No Call."Deputy Mayor Woodard said by"No Call," he means that for one year from the start of the contract, neither agency can terminate the contract and he said the "sliding notification" is after the one year No Call period has lapsed, notification of termination can be given at any time during the remainder of the four-year contract. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to extend the meeting to 10:00 p.m. City Attorney Driskell said that the length of the contract and the length of the termination notification seem to be central tenets of the contract for Councilmembers. He asked if, within the scope of negotiating the contract with Spokane County, staff should try to come up with different options for those periods or lengths of time for the Council to consider.Mr. Pace added that no auto-renewal is also a central tenet. Mr. Driskell said that knowing those parameters gives us more flexibility to negotiate a contract that works for both the City and Spokane County. There was Council consensus. Minutes Regular Council Meeting:06-07-2016 Page 5 of 7 Approved by Council:06-28-2016 With regard to community identity, Deputy Mayor Woodard said we should let the police department represent the uniqueness of Spokane Valley by their identification. Councilmember Gothmann said since incorporation Spokane Valley has made the decision for our officers to have a separate identity, but as an alternative,he said we have the choice of saving money by not having the separate identity from the Sheriff and if the public wants a separate identity,we should spend the money to do it. In addition, he said if a car fails, another car is put into service and if we do not have a separate identity, we are able to draw from larger pool of vehicles. Councilmember Pace said he thinks it makes sense to look at the whole spectrum from not having our own identity to not having a contract.He said Liberty Lake manages with a small fleet. He also said in our Comp. Plan discussion citizens brought up the importance of a City identity and he said our police force is a part of that identity.Councilmember Wood said"perception is reality"and some people do not care who keeps them safe as long as they are safe. He said we just hired a marketing firm to give us an identity and police are a big presence in the valley and while the "identity"would not make us safer, it would go toward giving us an identity. Mr. Koudelka said identifiers are already in our contract and the County is willing to negotiate those terms. He asked Council if they want to pay to have the patrol cars painted to keep consistent with the discontinued colors, and pay for different uniforms for our officers. Deputy Mayor Woodard said he supports the effort to get cars at a reduced cost and asked if officers have an annual uniform allowance to help pay for the cost of uniforms. Councilmember Pace said our police officers are outstanding, friendly and professional and he is leaning toward having our own identity to enhance the City.He said he thinks we should paint the cars ice blue and have our own municipal uniforms, but he said he would like us to look at the total cost to having our own identity in the contract and the cost to having no City identity. Councilmember Gothmann proposed staff come back to Council with options and look at getting cost estimates lower than $6,500 to paint the patrol cars ice blue. There was Council consensus. With regard to the current"Settle and Adjust"cost methodology,Deputy Mayor Woodard said he does not know how else to figure our cost and payment structure and is happy with what we are currently doing. There were no other comments from Council regarding cost methodology.With regard to overtime,Deputy Mayor Woodard said he would like staff to look into the overtime charges because the Sheriff has brought up to him several times that overtime is an issue. He said there is a risk that if we start to look at paying the true cost of our overtime usage, we may end up paying more than we are currently but he said at least it will be a true cost.There was Council consensus to look into establishing true cost overtime methodology. It was the consensus of Council to look at possible out clauses in the contract and to add a defined deficiency timeline.Mr.Koudelka said that currently we do not contract for a Citizen Advisory Board(CAB). Deputy Mayor Woodard said he would not want to get in the way of the police officers doing their job by having a CAB, and he would want to ensure protection of the innocent and the officers from potential personal damage stemming from complaints and investigations. It was moved by Deputy Mayor Woodard and seconded to extend the meeting to 10:30 p.m. Vote by Acclamation: In favor: Mayor Higgins, Deputy Mayor Woodard, Councilmembers Pace and Gothmann. Opposed: Councilmember Wood Motion carried Councilmember Wood said he would like a quarterly oral summary report within thirty days of the end of each quarter provided to Council. Acting City Manager Calhoun said we can set that up as part of a study session each quarter. Mr. Wood suggested that SCOPE volunteers contact property crimes victims for support. Mr. Koudelka said staff will look into that to see if follow-up calls can come from volunteers. Deputy Mayor Woodard said he thinks that also helps in establishing our own identity.It was the consensus of Council to look into negotiating for a dedicated staff to the Police Chief and a cost methodology that segregates our true cost that is based on our current year budget and utilizes rolling averages. Deputy Mayor Woodard said he would like clarification on Section 6.8 Capital Purchases of the contract. Mr. Koudelka said that purchases the County makes between the threshold of$5,000 (currently,$2,000 is referenced in the original contract) and $10,000, the City will immediately be charged for and pay; over $50,000 and with City approval of the purchase, the City will pay as the cost is incurred. He said that for Minutes Regular Council Meeting:06-07-2016 Page 6 of 7 Approved by Council:06-28-2016 purchases made falling between those two thresholds,the County will pay for and amortize the cost to the City over the useful life. He said the County did not want to float the money themselves, essentially a loan for large equipment, because it hurts their cash flow. However, if they are looking to make a purchase we do not agree with, such as purchasing a training facility, we can say that is unacceptable and cancel the contract. He said the County could still charge us for the purchase over the useful life but after the eighteen months of cancellation notification fulfillment,we are out of the contract and we would no longer be on the hook for the money.He said essentially the County is willing to front a purchase up to$50,000 and amortize it, but beyond that they would like the City to pay for its share up front so as not to hurt them with their cash flow. Councilmember Pace said he would like the contract to reflect that the Police Chief is the spokesperson and face of Spokane Valley law enforcement rather than the Sheriff. There was Council consensus. 10. Advance Agenda- Mayor Higgins Councilmember Pace said it was suggested at one time that we change the oath of office and he would like the item added to the Advance Agenda for discussion. Councilmember Wood agreed. The (11) Seth Woodard Sidewalk Project, (12) State Route 27 and Mirabeau Park Intersection, and the (13)McDonald Road Project were for information only and were not reported or discussed. CITY MANAGER COMMENTS Acting City Manager Calhoun said the ground breaking of City Hall is scheduled for 9:00 a.m. this Thursday at Sprague and Dartmouth; next week the Council meeting is a budget workshop from 8:30 a.m. to 3:00 p.m. and there is no evening meeting. He said in two weeks Council will interview six candidates for the two Council vacancies reminding Council that the next formal meeting will be June 28th. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 10:29 p.m. PP ATT ST: L.R. Ht _ •. : •• g dirL . Christine Bainbridge, City Clerk 7 Minutes Regular Council Meeting:06-07-2016 Page 7 of 7 Approved by Council:06-28-2016 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, June 7, 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 V'"'i�`,-e r C, )k 0 rk;t.\ a f ;‘6" 1(.1 /7 c, �1 1 1 o c 2e- (1C, cC467{2A.- — Please note that once information is entered on this form, it becomes a public record subject to public disclosure.