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2017, 03-28 Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 28, 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 John Hohman,Deputy City Manager Caleb Collier, Councilmember Cary Driskell, City Attorney Pam Haley, Councilmember Erik Lamb, Deputy City Attorney Mike Munch, Councilmember Chelsie Taylor, Finance Director Ed Pace, Councilmember Mike Stone, Parks&Rec Director Sam Wood, Councilmember Mark Werner, Police Chief Craig Aldworth, Sr. Engineer Luis Garcia, Dev. Services Coordinator Gloria Mantz, CIP Manager Christine Bainbridge, City Clerk INVOCATION In the absence of a scheduled Pastor, Councilmember Pace 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. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: iiia COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wood: said he attended a Spokane Aquifer Joint Board Meeting of all the water purveyors in the County, including those in Spokane Valley, and said they have a new character, an "aqua-duck" to go out to community events to discuss water issues. Councilmember Collier: said he attended an event at the Fire Station in recognition of their Class 2 designation; and he also attended the State of the County address. Counciltnember Munch: reported that he also attended the State of the County address;went to the Special Health Board meeting concerning parent's rights and unvaccinated children,and said it is disappointing but it appears nothing can be done at this point. Councilmember Haley: stated that she attended the STA (Spokane Transit Authority) board meeting; said she was disappointed to hear that TIGER and other grants are being taken off the table; went to the STA Awards Banquet where drivers were honored who had thirty years of experience, no accidents, and no missed days. Councilmember Pace: said he attended the STA Board meeting; and that yesterday he and Councilmember Wood and some citizens met with the people from the County Extension office in a follow-up meeting concerning urban agriculture and animal raising and our Council's discussion/report last week,and said he reviewed that information with our City Manager; mentioned that 10:00 a,m,tomorrow morning in front of City Hail,will be a flag raising in remembrance of the Vietnam War, and as he is a Vietnam War Veteran, he will also speak during that occasion. Minutes Regular Council Meeting:03-28-2017 Page 1 of 6 Approved by Council:04-11-2017 Deputy Mayor Woodard: said he attended various Chamber of Commerce functions, one of which was a transportation committee meeting where Mr.Hohman and Mr. Bates gave a presentation on what's going on in the northeast industrial area and some road and sewer projects; and there was also a brief discussion about the overpass over the railroad; said the Chamber said they hadn't heard about any of those issues;he said we have to find ways to communicate with citizens and keep them aware,and he mentioned the City's twitter account; said lie has already made a request Mr. Gribner of the Department of Transportation to come to a future Council meeting to talk about high speed corridors, like Trent and Pines, and the options we'll have at those intersections,as apparently every traffic light on a state highway in Mr.Gribner's district is failing; said he also attended the County's State of the County address. MAYOR'S REPORT: Mayor Higgins said he attended the Fire Department's event; the State of the County address; went to a military ball; a Chamber of Commerce lunch,and a Hearth Homes fundraiser. PUBLIC COMMENTS: Mayor Higgins explained the public comment process, and then invited public comments. Mr. Lynn Plaggetneier: spoke about potholes on private property parking lots and said he made inquiries and talked to someone at the City but the City's response was we can't do anything about it; said he would like to find out why,and he recommends Councilmembers check out such areas as the U-City; said we will have spent$17 million by the time City Hall is completed and the people were told it was going to revitalize the U-City area; said that isn't happening as we can't even fix potholes; said the City Manager and Council should have enough leverage to have the U-City management get the potholes fixed. Mr. Bob West: said he is the vice-chair of the Spokane County Citizens Advisory Board, and mentioned the 2017 National Association of Civilian Oversight for Law Enforcement Conference coming to the Davenport this September;said the conference will offer increased attention to the importance and necessity of the civilian oversight as a component of sustainable reform; and he invited the Mayor to make some of the opening comments at that upcoming National Convention. Ms.Jaclyn Gillion: said she is the mother of eight children,and her son was excluded from school for about a month because of the recent outbreak of mumps and his lack of immunization; said it is medical discrimination that affects children of all ages; that of the 286 cases of mumps in the state, only about ten were as a result of not being vaccinated; said she realized there isn't much Council can do;but parents have a right not to vaccinate their kids;and people should accept all types of people and their lifestyles. Ms. Laura Renz: said she is with the non-profit Northwest Service Dog Alliance; that last night Spokane City passed an ordinance about service animals, and she hopes to bring that issue into the Valley within the next few weeks; said service animals are protected but there is no protection for service dogs in training and she will propose some legislation at some point before the end of the year; said she is willing to administer training at no charge; that it takes a long time to get the dogs fully trained, about eight months, that it is important business and she hopes Council can work with her to get something on the books. 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 wove to approve the Consent Agenda. a. Approval of claim vouchers on March 28,2017 Request for Council Action Form, Total: $944,184.42 b. Approval of Payroll for Pay Period Ending March 15,2017: $376,371.31 c.Approval of March 14,2017 Council Meeting Minutes,Formal Meeting Format d. Approval of March 21, 2017 Council Meeting Minutes, Study Session Format It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. Minutes Regular Council Meeting:03-28-2017 Page 2 of 6 Approved by Council:04-11-2017 NEW BUSINESS: 2. Second Reading Proposed Ordinance 17-004,Reorganization—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 17-004. After Mr. Calhoun briefly explained the purpose of the ordinance, Mayor Higgins invited public comment. Mr. Lynn Plaggemeier said he couldn't remember since the City organized if it ever had an administrative outside audit, and suggested before making any substantial changes, Council should consider an audit. There were no further comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 3. Second Reading Proposed Ordinance 17-005, Travel Policies—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to approve Ordinance 17-005 Travel Policies and Procedures. After Mr. Driskell's brief explanation of the purpose of the ordinance, Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation. In Favor: Unanimous. Opposed:None. Motion carried. 4. Proposed Resolution 17-008,Non-discrimination—Councilmember Pace It was moved by Deputy Mayor Woodard and seconded to approve resolution#17-008. City Attorney Driskell explained that during last week's Council meeting, Council asked staff to draft this resolution regarding the City's commitment to human rights, and using notes from Councilmember Pace, the resolution was drafted and contains points Council wanted included. Mayor Higgins invited public comments. Ms. Carolyn Casey, Spokane Valley: thanked Council for the resolution as she wants to live in a welcoming community that doesn't tolerate harassment. Mr.Phillip Tyler, Spokane: said he is the President of the Spokane NAACP and Board Member of the Spokane County Human Rights Task Force;that he came to Council two weeks ago asking for words;said human rights continue to be important, and he thanked Council for giving voice to all people; and said words do matter. Mr. Michael Jepson, Spokane: spoke about the Spokane Pride Rainbow Festival, and he encouraged Council to move forward with this to show we are accepting,open and loving to all. Mr.Dean Lynch, Spokane: said he is the President of the Spokane County Human Rights Task force,which is slightly over a year old; and that they work throughout the County to advance human rights issues for all members of the community; said he has a position open for a representative from Spokane Valley and is anxious to have a Councilmember on his board; he supports the resolution and thanked Council for the effort. Mr. Art Zack, Spokane Valley: said he supports this re-statement of basic principles and this does a lot to re- affirm what the valley is all about, in that we are a welcoming, inclusive community. Ms.Jennifer Calvert,Spokane Valley:said she is a substitute teacher for the local schools,and appreciates this resolution to show kids what it is like to by to create a place where all are welcome. Ms. Rose Warrion, Spokane Valley: said she is an advocate for the LGBTA community and appreciates the re-affirming gesture of this resolution; and she would like `gender-identity' added to the resolution. Mr. Dan Dunne,Liberty Lake: said he is a Liberty Lake Council Member and on the Spokane County Human Rights Task Force; that he commends Council for this resolution as discrimination has no place in our communities. • Minutes Regular Council Meeting:03-28-2017 Page 3 of 6 Approved by Council:04-11-2017 Ms.Meg Demand:said she is the fiancée of Mr.Phillip Tyler and is an ally to colored people in this community, including the LGBTA; and that this is one step forward to help people understand the importance of not discriminating. There were no further public comments. Councilmember Collier said lie will support this resolution,and that his wife is Hispanic.Councilmember Pace said lie too will support this and that his wife is a person of color, is an Asian from Vietnam, and is a legal immigrant;said he thinks about our City's vision statement,and he thanked Mr.Driskell and Mr.Lamb for the outstanding job they did in drafting this resolution, and he thanked citizens for coining tonight. Vole by Acclamation:In Fervor. Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comment. Ms. Jaclyn Gillion invited everyone to come to the"Future of Immunity Conference"to be held May 19 and 20 at the Mirabeau Park Hotel in Spokane Valley, and she left copies of flyers for those interested. There were no further public comments. ADMINISTRATIVE REPORTS 5. Washington Cities Insurance Authority(WCIA)Briefing—Cary Driskell, and Ann Bennett of WCIA Mr. Driskell introduced Ms. Ann Bennett, WCIA Executive Director. Ms. Bennett said she is here to provide training, and hopes to get here more frequently than she has iii the past; said our staff has worked with WCIA over the years on numerous items, and she is very impressed with our staff's professionalism and ability to help solve problems. Ms. Bennett said WCIA is a self-insured risk pool, of which Spokane Valley is a member, and has been a member since the City's incorporation; said she has been with WCIA over twenty years and initially was our personal representative when we first incorporated. Ms. Bennett went through her PowerPoint highlighting some of City Council Do's and Don'ts; she mentioned that WCIA was created in 1981, has over 160 members with over $170 million in assets; and provides self- insurance for members, including auto liability, general liability, employment practices, and errors & omissions; and provides insurance services for claims and risk management. Ms.Bennett explained about the importance of avoiding liability and of Council's knowing its role as quasi-judicial or legislative; she went over some land use cases which involved Cities or Counties inserting themselves into the land use process; she mentioned the importance of Council staying in their legislative roles and not straying into executive roles; she briefly discussed negligent misrepresentation and the pitfalls of making specific promises or assurances; and of the dangers of defamation and that care needs to be exercised when Council discusses individuals. Ms. Bennett discussed public works issues and that Council should not"politically engineer"projects, but should avoid promises, assurances and inflammatory statements. She also stressed the importance of not leaking executive session information,and that Council needs to be mindful of written communications, including email,twitter, and Facebook; and to keep in mind the regulations of the Public Meetings Act. Councilmember Munch asked if there were other bidders or just WCIA,and Ms.Bennett explained that the City joined WCIA through an Interlocal Agreement;that they always encourage members to look at other options, but this is not open to the bid process. Council thanked Ms. Bennett for her informative briefing. Mayor Higgins called for a recess at 7:30 p.m., and reconvened the meeting at 7:40 p.m. 6. Special Abatement Process--Erik Lamb,Luis Garcia Mr. Lamb introduced Deputy Craig Chamberlain who assisted in these abatements. Mr. Lamb explained that when the City deals with code violations,the City normally goes through an administrative process and then a standard court process to ultimately seek a court order authorizing the City to enter the property and clean up the nuisances, which generally consist of junk materials, garbage, or junk vehicles; but recently the City undertook nuisance abatements in a different manner on two cases, both of which involved the properties not having utilities and were therefore deemed unsafe dwellings. Mr. Lamb said to protect the occupants and public life, health, and safety, the City obtained temporary restraining orders authorizing • Minutes Regular Council Meeting:03-28-2017 Page 4 of 6 Approved by Council:04-11-2017 entry into the property, requiring the occupants to vacate, and authorizing the City to board up each property. Mr. Lamb noted that due to the nature of the dangers from the residences being unsafe,the City was able to obtain these orders much quicker than going through the standard nuisance abatement process. Development Services Coordinator Garcia went through the PowerPoint showing the conditions of the properties in question, as well as the time involved with each as the abatement process progressed. 7. Euclid,Flora to Barker Project—Craig Aldworth,Gloria Martz As noted on their March 28,2017 Request for Council Action form,Ms.Mantz and Mr.Aldworth explained about the Euclid Avenue Reconstruction Project, Flora to Barker; they discussed the existing conditions, county sewer work, City road work, design coordination, budget, funding, and mentioned that the bid opening is scheduled for March 31,with a Council bid award consideration at the April 11 Council meeting. 8. Pines Road Grade Separation Update—Gloria Mantz,John Hohman Ms. Martz went through the PowerPoint explaining about the road grade separation project, including the realignment of Pines, the project estimate in 2004 as well as 2016 dollars; the funding sources including $1.2 million from the City's general fund for preliminary engineer(PE)design,and a pending FASTLANE II grant application for$11.86 million; she mentioned the request for qualifications for the design and the estimated completion of the design,as well as a preliminary engineer design range of$1.1 to$1.55 million. Ms. Martz noted a refined project estimate is needed to determine the actual PC costs but will not be available until there is 30%design completion. Councilmember Collier asked what happens to the property owner north of the bridge, and Ms. Mantz explained that for any property, staff would negotiate with the property owner as with all federally funded projects, there are strict regulations concerning private property owners, relocation, etc. Ms. Mantz also confirmed that any money spent to get the project to the 30%design completion,will not be able to be used as a match. Concerning the federal grant, Mr. Hallman said they would be looking for "shovel-ready" projects, so we are completing the design at our own expense, which should help us obtain more funding; said staff is asking for consensus on whether or not to move forward on this; said as noted, we have the $1.2 million set aside but funding beyond that is uncertain;that based on these very preliminary construction estimates; and rather than aim for a limited percentage, we are looking at a range; said there is a good likelihood of having a very substantial design for the budget, and staff would come back within about four months and refine that information. Mr. Calhoun said that we have that$1.2 million,but if it ends up $1.6, we will have this discussion again and could suggest later where needed funds come from, perhaps from REET, which is tight, or what is in the general fund balance in excess of the 50% reserve; and regarding that excess reserve amount, said there will be a budget amendment in May as at this point, that figure is about$2.5 million. Mr. Hohman noted there will be efficiencies through the comp plan and the Mirabeau traffic study, that we anticipate working with the same consultant to keep the cost low, and there have already been a lot of traffic investigations. There was Council consensus for staff to move forward. 9. Advance Agenda—Mayor Higgins Councilmember Wood said lie wants the subject of term Iimits moved up on an agenda as quickly as possible; said he wants a two-term limit starting in 2018, said it is difficult to get a person removed once in office; that citizens know names but they don't know what's going on, and change is good; said that Spokane has term limits, and that he would like public comment on this as well. Deputy Mayor Woodard said that would have to go before the agenda committee, and it might not come up as quick as Councilmember Wood would like. Councilmember Munch said he wants to know what legal options we have to support parental rights, as some families are being adversely impacted by the school vaccination requirement. Council agreed to put that on an upcoming agenda. CounciImember Pace said he would like cost estimates for temporary, seasonal infrastructure for the Balfour Park property to be used as a farmer's market, or community garden, or some other urban agriculture event; said perhaps the City could provide the infrastructure,or maybe if the 4-H or county extension office doesn't step up,we wouldn't do anything; Minutes Regular Council Meeting:03-28-2017 Page 5 of 6 Approved by Council:04-11-2017 but that he would like to find out the cost of temporarily having water and electricity. Council agreed to put that on an upcoming agenda. 10. Department Reports Department Reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS Mr. Calhoun had no additional comments. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. ^ti r,, .„ / / 1 ATTR L.R. HigginsSr r ' 1r IS rile Bainbridge, ity Clerk Minules Regular Council Meeting:03-28-2017 Page 6 of 6 Approved by Council:04-11-2017 GENERAL PUBLIC COMMENT 3 SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, March 28, 2017 6:00 p.m. Regular Meeting 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 /.5Lf-- cri6 PAcoLe Cookettiz 5Qo VLy, , --C/96 VAt L'e--/ 440'1r / / jj ,i /i jr, 6 es-o3 .�� c5If API CA 1 asev ii6z5 E g\we(CVe 0,F. S'ea--akN- \ It , 49:1 i • Alr/ ki --,*,-, / 1 -4 6-#arq.--frallieti wow )01-111.0 Ti LEP hLI C IL11TS NC HATION OOKANE. ..: , ./77�e7wq- �'f�.� � ��, ,✓ ,�C�,l;� G'f o� � �?� . ,/ C CV 1 SCA 1 w-�,►+� a`\ c . eY" --" C.1r 7- A . €--Q-1 C S2 Csg \(�r1 � Alvecp, I y n_01 A)0 V1IXS CY 11,-.'i 4, „ qotAr tA., S fakt4x-e_ ti ► ! .. 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