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2016, 09-13 Regular Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, September 13, 2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Staff Rod Higgins,Mayor Mark Calhoun, Acting City Manager Arne Woodard,Deputy Mayor Cary Driskell, City Attorney Caleb Collier, Councilmember Mike Stone, Parks&Rec Director Pam Haley, Councilmember Erik Lamb,Deputy City Attorney Ed Pace, Councilmember Chelsie Taylor, Finance Director Sam Wood, Councilmember Eric Guth,Public Works Director John Hohman, Comm &Eco. Dev. Director ABSENT: Mark Werner, Police Chief Mike Munch, Councilmember Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Manuel Denning, of Fountain Ministries Church gave the invocation. PLEDGE OF ALLEGIANCE: The Council, Staff and Audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Munch. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to excuse Counci/member Munch from tonight's meeting. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: nla COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Wood: said he attended the Home Builders Government Affairs meeting where Mr. Hohman and Basinger gave a presentation about the Comprehensive Plan. Councilmember Collier: said he attended his first 9-1-1 Board meeting where the topics included the 1/10 of 1%tax, and a backup center. Councilmember Haley: said she too attended the Home Builders meeting. Councilmember Pace: said he was also in attendance at the Home Builders meeting and said Mr. Holtman and Basinger's presentation about the Comp PIan was excellent and was well received by members of the Association; said he attended the SRTC (Spokane Regional Transportation Council) meeting, as well as several committee meetings associated with the STA (Spokane Transit Authority); said he also attended last Friday's Council of Governments meeting at the fairgrounds; and participated in the Governance Committee meeting reviewing drafts of proposed changes. Deputy Mayor Woodard: said he attended the HCDAC (Housing Community Development Advisory Committee) where they discussed projects for 2017, and modifications to the rules based on information received from HUD; said he also attended the Council of Governments meeting at the Fairgrounds, as well as the opening of the fair, and that the group was introduced to the new Fairchild Air Force Base Commander; said lie also attended the HASSLE(Historical Automotive Society of Spokane and the Inland Empire)car show to give the Mayor some advice on the Mayor's Choice Award. Minutes Regular Council Meeting:09-13--2016 Page 1 of 5 Approved by Council: 10-11-2016 MAYOR'S REPORT: Mayor Higgins reported that he attended an Air Quality meeting where the focus continues on marijuana, and said they might be leaning toward permitting indoor growing only; attended the County Land Use Subcommittee meeting; our City's Comp Plan open house, which he said was well attended, and went to the HASSIE Car show, where he selected a 1925 Model T as the Mayor's Choice Award; said he also attended a Northeast Mayors' Association meeting. PROCLAMATION: Constitution Week After Mayor Higgins read the proclamation for Constitution Week, it was accepted with thanks by several members of the local DAR(Daughters of the American Revolution)organization,who invited everyone to a Constitution Day celebration at Manito Park this Saturday at 1 p.m. PUBLIC COMMENTS: Mayor Higgins explained the process,then invited public comments. Mr. Terry Gaston said he wanted to discuss the oath of office given to Councihnembers and others in Spokane Valley; said he feels the purpose is to bind the officer to the constitution to protect people from political tyranny; lie read the oath that is in our Municipal Code; said there was a different oath given to Council and to Police Chief Warner; and gave the City Clerk copies for Council of his suggested verbiage after reading most of those suggestions aloud; said he wants the City Municipal Code amended, and wants to have this issue on an advance agenda. 1. PUBLIC HEARING: 2017 Budget Revenues, including Property Tax—Chelsie Taylor Mayor Higgins opened the public hearing at 6:18 p.m. Finance Director Taylor gave background on the 2017 budget revenues, including property tax,all as noted on her September 13,2016 Request for Council Action form. She noted that the worksheets are preliminary and reflect a work in progress, and she highlighted some of the changes that occurred since August 9, which are shown in blue in the budget summary. After Director Taylor went through her PowerPoint presentation,Councilmember Collier asked how dependent we are on grants, and she mentioned grants amounted to approximately $8 million, and without those grants, projects could be delayed or hindered. Mr. Calhoun added that he would address that more in his preliminary budget message during the September 27 meeting. Mayor Higgins invited public comment; no comments were offered, and lie closed the public hearing at 6:30 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that au 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 Sept 13,2016 Request for Council Action Form Totaling: $4,868,792.27 b.Approval of Payroll for Pay Period Ending August 31, 2016: $430,041.99 c. Motion Approval Setting 2017 Budget Hearing Date d. Approval of August 16,2016 Council Meeting Minutes, Study Session Format e. Approval of August 23, 2016 Council Meeting Minutes, Formal Meeting Format f. Approval of August 30, 2016 Council Meeting Minutes, Study Session Format g.Approval of September 6,2016 Council Meeting Minutes, Special Meeting h.Approval of September 6,2016 Council Meeting Minutes, Study Session Format It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Mayoral Appointment: Lodging Tax Advisory Committee—Mayor Higgins After Mayor Higgins explained his intent to appoint William Ames to the Lodging Tax Committee, it was moved by Deputy Mayor Woodard and seconded to confirm the Mayoral appointment of William Ames to the Lodging Tax Advisoly Committee for a terns beginning immediately upon appointment, olid expiring December 31, 2017. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Minutes Regular Council Meeting:09-13--2016 Page 2 of 5 Approved by Council: 10-11-2016 PUBLIC COMMENTS: Mayor Higgins invited general public comments. Ms. Peggy Doering, Valleyfest Executive Director: reminded everyone that Valleyfest is September 23 through 25,and the parade is that Friday night here on Sprague,beginning at 7:30 p.m.and said there would be lots of activities at Mirabeau Point and Plantes Ferry Park, and the complete Valleyfest schedule is available in hard copy as well as on their website. Ms.Nina Fingal, Spokane Valley: concerning the comp plan, said she has lived here a long time and said her concern is 4th Avenue and the rezoning of the lot next to hers; said Spokane Valley is known for low taxes and a young family-friendly environment; said the MF (multi-family) 1, 2, 3 zones should not be combined into one MF as that would allow everyone to do anything, and she asked Council to reconsider that; said we won't attract a lot of young families, and not everyone wants to live in apartments. ADMINISTRATIVE REPORTS: 4. Solid Waste Collection Services Request for Proposal Development, Update Two — Eric Guth, Erik Lamb, Morgan KoudeIka Deputy City Attorney Lamb said that at the first update, the discussion focused on the public survey; said that we are nearing the point where the City is ready to release the RFP(request for proposal); said he will introduce our consultant to review the RFP with the input from the public and members of the industry,and then give Council an opportunity to comment;said afterwards,staff will take the comments and incorporate them into the RFP and the proposed contract, and will return to Council again September 27, and gave further background on this issue as noted in his September 13, 2016 Request for Council Action form, including the proposed timeline. Mr. Lamb said that Mr. Brown will go through the summary, and lie encouraged Council to ask questions regarding the process and services; said in terms of what customers will see,the contract is the base level, proposing the same available services; there are some additions but they are not looking at significant changes, and will discuss the alternatives to see what works according to prices, etc. Consultant Epicenter Services representative Mr. Jeff Brown remarked about the RFP timeline, said the intent was to cover the same services, same frequency; said the biggest change is how the entire contract will be administered and how staff can monitor and address customer concerns; said he will try to come up with a minimum cost and use alternatives to investigate and bring back to Council with hard numbers about mid-point in the process; and said those choices will be up to Council. Mr. Brown said the big alternative was asking the proponents to identify the cost and benefits of splitting the contract by line of business; and that they will explore alternatives if the City were to have more than one contract. Deputy Mayor Woodard expressed his concern with weekly yard/food service pickup and that he doesn't want some services subsidized. Mr.Brown said that the yard rates will not get rolled into the garbage services. Deputy Mayor Woodard also mentioned cart rental fees, and said that would likely slow down the pickup, but if citizens are provided with a cart,why not use it. Mr.Brown explained that most are universal carts,but some people are very fond of their own garbage can. The topic of Christmas tree collection was also mentioned by Deputy Mayor Woodard, again expressing a concern about subsidization; said not everyone has live trees and those who do and want to dispose of them, could use the services of some of the service agencies such as Rotary Club or the Boy Scouts.Mr.Brown replied that the Christmas tree service would only be available to people who subscribe to yard detail,said that isn't driving up cost and nonusers would not be subsidizing users. Other areas of discussion included Table 2 Alternatives; the idea of not having residential subsidize commercial or vice-versa; having more than one hauler for commercial and the scheduling of such so two different haulers would not be running up and down the same streets on the same day;and different haulers and the loss of some efficiency in pickups. Mr. Brown noted that there are twenty-one pages of 11 x 17 tables of industry comments, responses and what action to take, and that information is not in tonight's Council packet, but should be available in a few weeks; said the RFP is structured to have an exceptions process if a hauler thinks they can't or don't want to do some particular thing. Mr. Lamb emphasized that Minutes Regular Council Meeting:09-13--2016 Page 3 of 5 Approved by Council: 10-11-2016 this process does not include proposing or suggesting mandatory collection. Mr. Lamb summarized that staff has heard at least one recommendation regarding commercial and multifamily, or maybe some or multiple haulers; said staff will return September 27 for any further comments, and at that time will look for Council consensus to release this; said there will be a cutoff date for questions, that the haulers will submit their proposal in December and January, there will be an initial evaluation through spring, further Council review, then contract approval set for March 2017, followed by about a year for the transition to begin implementing April 2018. 5. 2017-2022 Stormwater Capital Improvement Plan—Eric Guth Public Works Director Guth went over the Stormwater Capital Improvement Plan that organizes and prioritizes top stormwater problems and concerns based on public health and safety needs, balancing those with available local,state and federal resources.After going through his PowerPoint presentation,Mr.Gutli explained that this item is usually brought to council in the spring, but is occurring later this year due to changes at the state budget and through the Department of Ecology and other grants being delayed. Mr. Gutli said this item is set to come before Council September 27 for a motion consideration. Mayor Higgins called for a recess at 7:42 p.m.and reconvened the meeting at 7:56 p.m. 6. Snow and Ice Removal--Cary Driskell After City Attorney Driskell introduced Legal Intern Jacob DiIlion. Mr. Dillion went through his PowerPoint on the proposed revised ordinance concerning removal of snow and ice on public sidewalks. Council discussion included the problem of ice on the sidewalk after the snow has been removed, with comments that it would still be safer than having two feet of snow on the sidewalk thereby forcing people to walk in the street. Mr. Driskell mentioned the higher emphasis on the safe routes to school and commercial areas,most of which have sidewalks; and that what we have done so far is clearly not working. Councilmember Pace asked about streets with long stretches of sidewalks or duplexes,as well as areas such as Dishman Mica and 32"`r. Mr.Driskell said the responsibility would be with the adjoining property owner; and there could be situations where people would have to walk around to get to those back sidewalks. Councilmember Pace said he feels that is an undue burden if there is a sidewalk behind the backyard, especially separated by fences, and Mr. Driskell reminded Council that these decisions are up to Council. Deputy Mayor Woodard said he is not very comfortable with a lot of this,particularly in commercial zones; said he doesn't know what the answer is yet, but would prefer this to be voluntary; that perhaps service clubs could do this as part of a public service, at least in the residential areas; said he knows we have to come up with a solution,but he feels this is fairly heavy-handed even with tonight's proposed changes. Mr. Driskell said Council could provide more hours before requiring the removal, such as somewhere between 72 and 96 hours, but that would also affect the effectiveness of what we are trying to do and becomes more difficult; said the current voluntary and educational emphasis is not effective; that people are not able to use Sprague and we need to do something, and that he is open to further options; he added that it would be a tremendous financial burden if the City were responsible for all the removal and that we could not mobilize enough people to do it in enough time to be effective; that what is being proposed is common in Washington state as well as across the United States, i.e. having the adjacent property owner responsible; that it isn't the easiest thing but is part of being a land owner or occupying land. Councilmember Pace asked how do we know there's a problem. Mr.Driskell said he has seen people walking down Sprague,that such likely won't show up in a report, but likely we have all seen it. There was also brief discussion about the problem with people shoveling their sidewalk and/or driveways and dumping it into the street. Deputy Mayor Woodard noted that the free falling show isn't nearly the issue as when the graders go by thereby turning the dumped snow and ice to cement in about ten minutes,and that it cannot be removed with a snow blower; said perhaps we could have a business contract with other businesses; said there is also a personal responsibility in mobility devices when they shouldn't even have cars on the road; said we are trying to accommodate all people, and lie rhetorically asked what is someone in a wheel chair doing out there anyway; said he realizes it is the homeowner's responsibility, but it is also a question of fairness. Minutes Regular Council Meeting:09-13--2016 Page 4 of 5 Approved by Council: 10-11-2016 Mr. Driskell said whatever we do will be an impact, and he acknowledged that there are no easy answers, but we have to figure out how to get the snow removed from the sidewalk; said we have a legal obligation to make sure the streets are safe for vehicular travel; same with the sidewalks, to make those passable for all users; and that there are some federal laws such as ADA (Americans with Disability Act)that we need to be careful of. Mayor Higgins also noted we are running out of time. Councilmember Pace suggested forming a task force of perhaps two to three Councilmembers,a member from our legal department,public works, code enforcement, and others to do some brainstorming. There were other suggestions to include someone from the schools, business owners,Peters Hardware,or Dave's Bar&Grill.It was also mentioned that Peters Hardware and Dave's Bar&Grill could perhaps just clear a sufficient access without shoveling the entire walkway. Mayor Higgins suggested the sooner the better to get the task force going. Mr.Driskell suggested it would take considerable work to implement this as we would need to have everything wrapped up by November 1, or November 15 at the very latest. 7.Advance Agenda—Mayor Higgins Councilmember Collier said that last Wednesday, Washington State Attorney General Bob Ferguson said he would propose legislation to ban assault-style weapons and high capacity magazines, and based on that, Councilmember Collier proposed Council issue a proclamation that we are a Second Amendment Sanctuary City, and that he would like that placed on an advanced agenda. Council concurred. Regarding Valleyfest, Councilmember Pace said he is a big fan and would like to see a resolution confirming the City's support, including the free use of the park, CenterPlace, getting the street blocked off for the parade, extra law enforcement and staff support,and wants to know the cost to make sure we know what it is we are affirming. Council concurred.Councilmember Pace said he would also like to include at a future meeting,a discussion on the oath of office including whether the suggestions by Mr. Gaston are legal. Council concurred. Councilmember Haley said she would like to see some kind of method to slow down traffic at 8th and McDonald based on the numerous accidents over the last thirty years. Council agreed. 8. ITS (Intelligent Transportation System)Infill This item was for information only and was not reported or discussed. CITY MANAGER COMMENTS Acting City Manager Calhoun brought Council's attention to the information item in tonight's packet about the re-bidding of a project in 2017; also mentioned there will be a special meeting September 27 at 4 p.m.; and that last week we received information about Council meeting with the legislative delegation on perhaps October 18; said another suggestion was to have a dinner meeting, but due to the regular Council meeting, he suggested some kind of light snacks, and that such a meeting could be held in the conference room on the second floor. Mr. Calhoun said once he gets it,lie will send confirmation of the date and time for such a meeting. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:36 p.m. A`1JE 1: L.R. Hig_ n , ' •� JJ,' 1- • - Christine Bainbridge, City Clerk\ Minutes Regular Council Meeting:09-13--2016 Page 5 of 5 Approved by Council: 10-11-2016 GENERAL IPU l• LIC COMMENT SIIGN4N SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, September 13, 2016 GENERAL CIITIZEN 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 ( 0)d wolf-- sp(" ), Please note that once information is entered on this form, it becomes a public record subject to public disclosure. GENERAL PUBLIC COMMENT SIGN-IN SHEET \\\4 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, September 13, 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 Ti L7'Q10h 0c;PiS o a-P ;'tQs 5I) aJc.c Vl/rj } ) -- Please note that once information is entered on this forum, it becomes a public record subject to public disclosure. Current oath of office for administration officials according to municipal code 2,40.010: I do solemnly swear(or affirm)that I will faithfully and impartially to the best of my ability perform the duties of the office of in accordance with the laws of the State of Washington and all other duly enacted laws, rules and policies of the City of Spokane Valley, Spokane County, Washington. By: [Attestation] • Proposed change to municipal code 2.40.010 for the office of chief of police: I, , do solemnly swear(or affirm)that 1 will support and defend the original Constitution for the United States of America, and the original Constitution for the State of Washington against ail enemies, foreign and domestic; that I will defend the God-given unalienable Rights of the People of the City of Spokane Valley against all violations of due process of Law by all government agencies; that I will refuse to enforce any law, statute, ordinance, rule, or policy that I deem to be un-Constitutional even if it is upheld • by the courts or ordered to by my superiors; that I will faithfully and impartially to the best of my ability perform the duties of the office of in accordance with the original Constitutional Laws of the State of Washington and all other duly enacted original Constitutional Laws, rules and policies of the City of Spokane Valley, Spokane County, Washington. By: [Attestation] Proposed change to municipal code 2,40.090 for council members and all administration officials except chief of police: , do solemnly swear(or affirm)that I will support and defend the original Constitution for the United States of America, and the original Constitution for the State of Washington against all enemies, foreign and domestic; that I will defend the God-given unalienable Rights of the People of the City of Spokane Valley; that I will faithfully and impartially to the best of my ability perform the duties of the office of in accordance with the original Constitutional Laws of the State of Washington and all other duly enacted original Constitutional Laws, rules and policies of the City of Spokane Valley, Spokane County, Washington. By: [Attestation] • • {