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2017, 01-10 Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, January 10,2017 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Staff Rod Higgins,Mayor Mark Calhoun, City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Caleb Collier, Councilmember Mike Stone, Parks &Rec Director Pain Haley, Councilmember John Holman, Comm. & Eco. Dev. Manager Mike Munch,Councilmember Erik Lamb, Deputy City Attorney Ed Pace, Councilmember Chelsie Taylor, Finance Director Morgan Koudelka, Sr.Administrative Analyst Absent: Steve Worley,Cap. Improvement Program Mgr. Sam Wood, Councilmember Jim Dingfield, Senior Engineer Mark Werner,Police Chief Christine Bainbridge, City Clerk INVOCATION: Pastor Brad Bruszer of Genesis Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember Wood. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to excuse Councilmember Wood from tonight's!meeting. APPROVAL OF AGENDA It was moved by Deputy Mayor froodard,seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS There were no reports, although some Councilmembers commented about and expressed appreciation for the work of the snow plow crews. MAYOR'S REPORT:Mayor Higgins reported that he attended a Clean Air Board meeting,and that Board was scheduled to hold a public hearing tonight on the moratorium of growing marijuana outdoors; also noted lie attended a Boy Scout recognition banquet and said the valley was well represented with several eagle scouts. PUBLIC COMMENTS: Mayor Higgins invited public comment. Laura Renz: spoke about the issue of service dogs and signage, and handed a copy of her poster for businesses, to the City Clerk for distribution to Council; said she made a webpage, published an article on the front page of the Sunday Spokesman a few weeks ago, and that all this has garnered a lot of interest; and said the City of Spokane is interested in the issue and trying to get something on their books. Stephanie Culver:also spoke about the issue of signage and service dogs,and handed a copy of her handouts to the City Clerk for distribution to Council; mentioned the ADA (Americans with Disability Act) requirements, and said it is very beneficial having businesses with appropriate signs. Nina Fluegal: spoke about snow plowing; said she has seen kids walking on top of the berms because they can't walk on the sidewalks and with the snow and ice, and that there is very little chance to get those sidewalks clear; said maybe it would be a good investment for the City to pay someone to go behind the Minutes Regular Council Meeting:01-10-2017 Page 1 of 4 Approved by Council:01-24-2017 plows to help clear the sidewalks,and perhaps the City could invest in ATV's(all-terrain vehicle)that have a plow on the front. City Manager Calhoun noted that both of these items are scheduled as administrative reports for next week's Council meeting. 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 CornsentA:;enda. a. Approval of claim vouchers on Jan 10,2017 Request for Council Action Form,Total: $2,712,746.97 b. Approval of Payroll for Pay Period Ending December 15,2016: $398,054.35 c. Approval of Payroll for Pay Period Ending December 31,2016: $427,984.19 d.Approval of December 13, 2016 Council Meeting Minutes, Formal Meeting Format e. Approval of December 20, 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: 2. Second Reading Proposed Ordinance 17-001 Amending Alarm Systems—Morgan Koudelka After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 17-001 amendingSVMC 7.20. Mr.Koudelka again explained some of the major changes with this ordinance amendment, such as eliminating all registration requirements, and making the appeal process simpler; and said if this is adopted tonight, the City would be issuing refund checks to those who pre- paid 2017 registration fees.Mr.Koudelka noted that there were some comments last week about the perception that we are taking something away from people in that we previously had some free false alarms; he said that a lot of this false information has been passed from alarm companies; he said that the program has been in place for six years and has always been based on cost recovery; said the fee was the same if it were the first or subsequent false alarms,and that the only free false alarm was within the first sixty-days of someone having a new alarm system, in order to give a grace period to get familiar with the alarm system;he said we will continue to work with people and grant exceptions for such things as power outages,or weather events,and that the idea is to control the number of false alarms. Mr. Koudelka explained that if an officer never goes to the home or business,there would be no cost, and with the new system, there is no registration fee either. Mayor Higgins invited public comment.Nina Fluegal: said she has an alarm system and the company calls her first as that is the way she set it up; she questioned how the City could put a price on an officer's time since they work on a salary, and that should be part of their job. Tony Lazanis: said he hasn't read the document, but suggested Council beware of Mr. Koudelka; said this is why we have a police department, so they can monitor things and if they get an alarm they're supposed to go check it; said it seems that someone is making money off this, that citizens pay enough taxes to have that service, and Council should beware of what they're doing, as someone is trying to stick it to the citizens. Mr. Koudelka said police respond to alarm activations;that alarm companies tell customers that if they don't have an alarm reduction in place, not to worry about how many times it occurs, as they will call the police every time and the police will check it out and make sure everyone is ok; said our police officers were chasing a lot of false alarm calls and it was getting worse; and when officers respond to false alarms, they have less time for pro-active policing like patrolling neighborhoods and looking for suspicious activity; and that not everyone has an alarm system so this is strictly cost-recovery; said the cost is broken out according to the dispatch records, which show how many officers responded and how long they were there; also the cost of administering the program was factored in, as well as the cost for the bank to process the payments, including return check fees; said the rates were previously reduced and likely will be reduced again, but we are waiting for the County to provide that information.Mayor Higgins invited further comments. Laura Renz said she has an alarm system and it is her responsibility to make sure the equipment is working properly; and that she doesn't want officers to have to conte to false alarms. There were no further public comments. Vote by Acclamatiion.In Favor: Unanimous. Opposed: None. Motion carried. Minutes Regular Council Meering:01-10-2017 Page 2 of 4 Approved by Council:01-24-2017 3. Proposed Resolution 17-001 Repealing and Replacing 16-002, Bank Signing Authority—Chelsie Taylor It was moved by Deputy Mayor Woodard and seconded to approve Resolution #17-001 declaring which qualified public depositories the City is authorized to conduct,inancial transactions with, and declaring ii'hich Councilmembers and City officers have signing authority on behalf of the City. Finance Director Taylor explained that due to the change in staff and elected officials, the resolution needed to be updated concerning who is authorized to sign checks,and which qualified financial depositories the City may use to make payments on claims or obligations. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 4. Motion Consideration: GIS Enterprise License Interlocal Agreement—Morgan Koudelka It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to execute the Interlocal Agreement for Participation in the County of Spokane ESRI Enterprise License Agreement. Senior Administrative Analyst Koudelka explained that as he mentioned last week,there are many things GIS licenses do for us; and that every four years Spokane County,on our behalf, negotiates with the vendor, ESRI; that we enter into an enterprise license agreement with the County and a few other-jurisdictions,which results in saving 18% on our annual cost. Councilmember Munch indicated that following our link, the link only works about a quarter of the time,and Mr. Koudelka said he would check on that.Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed.'None. Motion carried. 5. Motion Consideration: Bid Award,Appleway Trail, Pines to Evergreen—Steve Worley It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute the contract for the Appleivay Shared Use Path—Pines to Evergreen Project#0227 to T. LaRiviere Equipment &Excavation, Inc., in the arilount of$1,680,981.00.Mr. Worley explained that this bid is for the second phase of the Appleway Trail Project; and as noted in the Request for Council Action form, the explained why the lowest bid was rejected.Mayor Higgins invited public comment and Mr.Lazanis asked if this was about Barker Road;when Mayor Higgins said this is the Appleway Trail,Mr.Lazanis said if there is federal money,it should go to Pines or Barker Road,and Council needs to prioritize Pines before they do anything else. There were no further public comments. Councilmember Pace said he would vote no just to protest the DBE(Disadvantaged Business Enterprise) federal requirement. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Munch and Haley. Opposed: Councilinembers Pace and Collier. Motion carried. 6. Motion Consideration: Consultant Agreement Design Barker-Rd/BNSF Separation Project- Steve Worley It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute a Contract it'ith David Evans and Associates in the amount of$1,274,031 for the Barker Road/BNSF Grade Separation project design services. Mr.Worley explained the issue as noted in his Request for Council Action form; said that this is the consultant we have for moving the design of the Barker Road; and as an aside, said staff has issued an RFQ (request for qualifications) for the Pines Road and those came in last Friday, so that will be coming to Council soon for a similar contract to begin the design of the Pines Road grade separation project. Mayor Higgins invited public comment; no comments were offered. Councilmember Collier said lie is concerned we are throwing money at something that may or may not come to fruition; and Councilmember Haley agreed,adding that there is no certainty if the requirements will change. Vote by Acclamation:In Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmember Munch. Opposed: Councilmembers Collier, Haley and Pace. Motion failed. 7. Motion Consideration: Pines Road Underpass Right-of-way acquisition—Steve Worley It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute the documents for the purchase of the Pinecroft property for the Pines Road/BNSF Grade Separation project. Mr. Worley explained the background of the acquisition of the property, as noted in his Request for Council Action form; said the owner wanted to develop it, or have the City purchase it; said Council previously gave direction to move forward with the property purchase. There was brief discussion about the configuration of the property,and the property owner's preference of the City doing a boundary line adjustment. Mayor Higgins Minutes Regular Council Meeting:01-10-2017 Page 3 of 4 Approved by Council:01-24-2017 invited public comment.Nina Fluegal asked about the price and how we would pay for it. Mr. Calhoun said the price is $7.50 per square foot,with a total price of$470,000; and Mr. Worley mentioned that it would be paid from capita!reserve fund 312. Mr. Calhoun also mentioned that the price is per the appraised per square foot dollar figure. Mayor Higgins invited further public comment. Brad Bruszer said he wasn't familiar with this issue and asked where the property is located. Mr. Worley explained the location of the property, east of Pines Road, owned by Pinecroft, LLC. There were no further public comments. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comment; no comments were offered. ADMINISTRATIVE REPORTS 8. Railroad Bridge Repair/Maintenance—Cary Driskell Via his PowerPoint presentation, Mr. DriskeIl explained about the safety concerns with the Burlington Northern Santa Fe bridge southeast of Trent near Kaiser, as well as the Union Pacific bridge near Spokane Valley Mall; he mentioned there have been several train derailments across the country, some of which involved materials such as crude oil, or anhydrous ammonia. Mr. Driskell explained that most likely local jurisdictions have no authority to regulate railroads as the FRSA (Federal Railroad Safety Act) is the statutory regulating act for rail safety. Mr. Driskell explained that a concerned citizen contacted staff last year to express potential safety concerns involving those two bridges, and Mr. Driskell showed photos of the areas in question. Councilmember Munch said he thinks we need to contact the federal delegation now; that as shown in the photos, the wood doesn't look dangerous, but it is worrisome and federal delegation needs to be aware of the concern. Mr.Driskell said that staff will not give up on attempts to influence people to look at this; said the answers he has received so far are not wholly satisfying, but he will continue to pursue this,and he also mentioned contacting state entities to try to identify some leverage points. 9.Advance Agenda- Mayor Higgins Deputy Mayor Woodard said that during the next Advance Agenda meeting, he would ask for reconsideration of tonight's agenda item#6 on the Barker Road contract; said nothing is certain about the next requirement; that we are already in jeopardy of losing up to $10 million; that it is a critical railroad crossing; we have no clue of what will be required for an under or over pass; and if we let this go, we'll never see the Barker Road crossed. There were no other suggestions for the Advance Agenda. CITY MANAGER COMMENTS Mr. Calhoun noted that we are in the process of a full-city plow, which started yesterday morning;that we have nine plows and several contracted road graders; and ideally we'd have twelve, and that it takes about 600 total road grader hours to do a full city plow, but since we are in competition with Spokane City and Spokane County for graders, we only have six graders. Mr. Calhoun noted that citizens who have snow- related concerns are encouraged to either complete a"report a concern"which can be found on our website, or to call us directly at 921-1000. Mr. Calhoun said he is pleased to announce that he has selected John Hohman as the new Deputy City Manager for the City of Spokane Valley. After Mr. Calhoun gave some background on Mr. Holtman's qualifications, everyone joined Mr. Calhoun in welcoming Mr. Hohman to his new position. It was moved by Deputy Mayor Woodard seconded and unanimously agreedtto adjourn. The meeting adjourned at 7:21 p.m. ATTE Si. L.R. Higgi s,_Ma or - I , , hristine Bainbridge, City Clerk Minutes Regular Council Meeting:01-10-2017 Page 4 of 4 Approved by Council:01-24-2017 GENERAL PUBLIC COMMENT SIGNIN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 10, 2017 6:00 p.m. :Regular Meeting GENE AL CI ' IZEN 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 111 1[1 T WILL SPEAK ABOUT • Please dote that once information is entered on this forms it becomes apubblic recond subject to public disclosure, , _, r_ _, ,_ (s.:_- 1-17-F,, i .0\11 - ,(r- ii_i LIC/-`-- 'k_ 'ON ,._____„(-(_-, ,) , , 2 '- ' , \J _-____9 I \V41)110 --' '-' (------- ---,--• -7\ K [1----, - ( Cu i i__, ,,,„ • f 4 / �i . , A , • . We understand the importance of your pets and ESA, (Emotional Support Animals) however, only 0 Service Dogs are permitted in our office. , o Must be leashed, work from the floor, and controlled at all times. o Service Animals by ADA definition, Titles II and Ill, are dogs which are individually trained to do work or perform tasks for an individual with a disability. The work per- formed must be directly related to the person's disability. (ADA phone number 800-514-0301 ) A Spokane County Code 5.04.070, Control of Dogs, states that all dogs in a public setting must be leashed, and licensed through SCRAPS. (phone number 509-477-2532) All Service Animal Teams must adhere to the ADA regulations regarding manners, which does allow removal of a service animal should they bark, growl, lunge, act aggressive, or not be housebroken. We work closely with SCRAPS and the ADA to r. ; 14. ensure not only that our office is in complete v �44 compliance at all times, and that our patrons are as well, The safety of our clients, and staff, are 1.5/4',..- It of extreme importance to us, so please adhere II)`; Y ;, to Federal and State Policies and Regulations. , 71 i n- \,,,,, ,,j , ( Signage and information provided by Northwest Service Dog Alliance L Email : NWSDallianco@gmail.com . 11 1 ' `, ' _ 1, • (( \ I \ ''' 1 ..>l — I i / I \ 1 1 I / I I \ I o i . / I I \Vf I A \ I i \ / \ f 1 \ I le tit. \ 1 \ I _I/ i v._,.\ LAI ')i ' , \ iii_ We bye all furry companions however, for security and health reasons, .).)tidy atilima6 p.ho romarirril OUP {:diael noor at a .i6titidi VA LI li di 0 44 'IAA if II CO ii t tr‘l kV 11 are allowed'. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Sorry, pets and comfort animals , are not permitted. : I .,:t-ft.I'6-4' ', • " - • — F.- . -,, -5/4"'.4itl• A it. 1 4 1 C4, 4 ''''‘:\ ,i7li‘44, 4:0 044,`',f`4f. : •` '#?.'.1 , . , .r,:. 1,1 is") ii, :14f,;.. 1•!-",`,... 1 Aii, .6,- , ,t_.; fiti : 4— .) • 1.." ,, p i 1 LA e ' ...,, 4.1.1. 4 ..., Our Service Animal Policy Food safety concerns and compliance with health codes are paramount for our company. We also recognize the need to allow individually trained service animals to assist those with disabilities. What you can expect from us: • All trained service animals are welcome in our stores. • We will provide a safe and pleasant environment, and management will address any customer concerns or interactions that are brought to our attention. • We will remain compliant with applicable ADA guidelines that can be found at the ADA.gov website. What we require of you: • Only individually trained service dogs are allowed in the store. • Be prepared to address what work or task your dog has been trained to perform. Our ADA approved questions are only meant to validate that your dog is indeed a service animal in accordance with our policy. • Your service animal must remain on the floor and under control at all times. Animals may not be carried by their owner and no animal may ever be placed in a grocery cart or basket. What about comfort, therapy, emotional support or companion animals? • Comfort, therapy, emotional support and companion animals are not considered service animals by the ADA. Refer to the ADA.gov website for the definition of a service animal. • To best ensure food safety and health concerns, this group of animals is not allowed in the store. • If needed, we are happy to personally assist with your shopping needs as an alternative to your reliance on a comfort, therapy, emotional support or companion animal. Thank you for your cooperation and compliance with our service animal policy. Please ask if you have further questions. My name is Stephanie Culver. I am a service dog handler. I am currently working at super 1 foods owned by Rosauers on the south hill. I have been there for close to a year. As you walk into the store you see you normal no pets sign plus an additional one by the carts. It states "Service Animals only, We love our furry companions, however for security and health reasons only animals who remain on the floor at all times and under full control are allowed. A service animal is a dog that is individually trained to do work or perform tasks for a person with a disability. Sorry, pet and comfort animals are not permitted." In a basket below this sign is information on some papers that you can take with you. Those papers go into more details including stating how they follow ADA regulations. Due to this sign and available information have only seen 1 dog in the store and it was a legitimate service dog. When I talked to my managers about my service dog they welcomed him on my off time with open arms and knew exactly what to ask. While working at Walmart and shopping around town I would regularly see untrained pets inside the store some in shopping carts, some loose, some on leash but uncontrolled. The owners claim he/she is a service animal but can't answer the task question or say it's an emotional support dog thinking it counts when it doesn't. Business owners and managers don't say anything to them. I think it pays to have an informative sign that goes into more detail than "no pets."