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2019, 11-26 Regular Formal MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington November 26, 2019 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Rod Higgins, Mayor Mark Calhoun, City Manager Pam Haley, Deputy Mayor John Hohman, Deputy City Manager Brandi Peetz, Councilmember Cary Driskell, City Attorney Linda Thompson, Councilmember Chelsie Taylor,Finance Director Ben Wick, Councilmember Mike Stone,Parks &Recreation Director Arne Woodard, Councilmember Bill Helbig, City Engineer Sam Wood, Councilmember Erik Lamb, Deputy City Attorney Glenn Ritter, Senior Engineer Lesli Brassfield,Economic Dev. Specialist Jeff Kleingartner,Public Information Officer Mark Werner,Police Chief Christine Bainbridge, City Clerk INVOCATION: Prior to the invocation,Mayor Higgins asked for a few moments of silence in recognition of the passing of Tony Lazanis, longtime resident and supporter of Spokane Valley and its incorporation. Pastor Mathew Larson of the Advent Lutheran Church then 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 Haley, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wood: no report. Councilmember Peetz: said she attended the Central Valley School District Obsolete Book Sale; went to the ribbon cutting/dedication for the Appleway Trail; attended the Chamber of Commerce annual meeting where they honored the outgoing chair; and she extended congratulations for the Spokane Valley Police Department's recent re-accreditation. Councilmember Woodard: reported that he also attended the Appleway Trail ribbon cutting; went to the Central Valley Community Connections event at their High School; said he was invited to a West Valley City School robotics class presentation;attended the Widows Might appreciation lunch where he was asked to speak on the topic of homelessness; and that he attended various Chamber events. Councilmember Thompson: reported that the Spokane Valley Youth Voice met last week and decided to narrow their focus on mental well-being; attended the NLC (National League of Cities) meeting in San Antonio, Texas as part of their Crime Prevention & Public Safety Committee; said there was a great presentation concerning firefighters nationwide suffering from PTSD (Post-traumatic Stress Disorder). Regular Formal Council Meeting: 11-26-2019 Page 1 of 5 Approved by Council: 12-17-2019 Councilmember Wick: said he attended the GSI(Greater Spokane,Inc.) economic forecast where he heard that we have had one hundred consecutive months of economic strength, and that it is largely due to consumer spending; attended the Visit Spokane meeting where the hoteliers are celebrating the year and looking for a change in the legislative session for tourism; attended the Board of Health Executive Committee where there was discussion about the hepatitis A outbreak, including two fatalities, and that all those affected were homeless; attended the FMSIB (Freight Mobility Strategic Investment)Board meeting where Deputy City Manager Holtman and City engineer Adam Jackson gave a great presentation on the Pines Grade Separation Project, making a case to reactivate the project; he said the board was interested but with the passing of initiative 976 it did not get re-activated,but didn't get cancelled either; he said the project will be re-evaluated at the next budget call; said he also attended a AWC (Association of Washington Cities)webinar regarding impacts of 1-976;and said he met with Representative Ormsby along with other Councilmembers. Deputy Mayor Haley: she also mentioned 1-976 and said that it will not affect the small transit agencies, although paratransit could lose funding; she mentioned that the paratransit is now back on track and operating on time; said there is a plan for ticketing machines to be available at bus stops to speed up things, but the problem is cash use on buses is high and the machines will only accept cards. MAYOR'S REPORT Mayor Higgins stated he attended many of the previously mentioned events,and therefore had no additiona I report. PROCLAMATION nla 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Agenda. a. Approval of claim vouchers on Nov 26, 2019,Request for Council Action Form total: $4,199,201.83 b. Approval of Payroll for Pay Period Ending Nov 15, 2019: $361,564.06 c. Approval of Resolution 19-017 Contracting with MRSC for Public Roster Process It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2.Resolution 19-018 Voicing Opposition to City Levied Income tax—Cary Driskell It was moved by Deputy Mayor Haley and seconded to approve Resolution 19-018 voicing opposition to a City Levied Income Tax. It was noted Councilmembers had a revised version on the dais. City Attorney Driskell explained about the background of the topic as noted on his Request for Council Action form. Mayor Higgins said he suggested this is a good opportunity to oppose the option of a local income tax,even if allowed by the state,and mentioned the revised copy on the dais is from him. Councilmember Thompson asked if resolutions can change in the future and Mr.Driskell replied that most things are subject to review by future councils depending on the needs of the City, and Councils have a wide latitude to address issues. Mayor Higgins explains the process, and then invited public comment. Mr. Chris Cargill, Eastern Washington Director at Washington Policy Center, an independent research center: he said as Council is aware, Council's constituents are strongly opposed to an income tax, and the last ten times local and statewide voters voted on this issue, there was a resounding no; however, some attorneys on the west side of the state think you still might want to adopt an income tax, and have taken two different paths on this issue: a state and a local path; he explained that in the last legislative session state lawmakers tried and failed to adopt an income tax starting with capital gains; he said they have promised to bring this issue back in the next legislative session; he said the problem for them is that former Supreme Court Justices, former attorneys general and former state governors have all concluded that that would likely be ruled unconstitutional; he said the state Supreme Court has ruled that your income is your Regular Formal Council Meeting: 11-26-2019 Page 2 of 5 Approved by Council: 12-17-2019 property and therefore it must be taxed uniformly,which means flat and across the board; he said members of the legislature are trying to give you the authority to implement local income taxes, and there was a bill in the Iast legislative session to do that;he said that the Association of Washington Cities wants to give you the authority as well, and he explained that the City of Seattle is the mechanism they hope will get them there; that a few years ago the City of Seattle passed a graduated income tax which was shot down by the courts, but the courts also said that as a city, you now have the authority to implement a local income tax provided it is flat and across the board.Mr. Cargill said the issue is still working its way through the courts, and Seattle indicates it will now try to approve a flat income tax; he said Olympia has also looked at a flat income tax; he said that a few weeks ago Spokane took the opposite approach and passed proposition 2 with 73% support and passed in every precinct in the city; he said this Council can go along with the path of Seattle and leave in place the possibility of a future local income tax, or can keep this city's competitive advantage and go the way of Spokane and pass a ban or prohibition on a city income tax, which he said Council has the authority to do. Ms. Kristine Schuler, Spokane: said she supports this resolution and suggested maybe even doing this in the form of an ordinance; said it could be changed in the future; she urged Council not to become like Seattle; said this kind of tax ruins businesses and it is important to include as many logical reasons as you can„in opposition to such a tax There were no further public comments. Councilmember Wick asked for clarification on which version the motion applies to, and Deputy Mayor Haley said the motion is for the one as amended, not the one originally in the council packet. Councilmember Thompson said she hesitates using the word prohibit as we can't anticipate what could come down the road in twenty-five or thirty years, and maybe there needs to be an option. Deputy City Attorney Lamb said that in terms of prohibiting future councils from acting on an income tax,that the courts have determined that Councils act in two capacities: purely governmental for the common good of all on such things as taxation, and also in a proprietary function for specific benefits of the corporate entity; that courts have state that when you have a governmental power at issue, a council action cannot absolutely prohibit a future successive council from using and acting on that governmental authority; he cautioned Council that using prohibit would be a very strong statement to this city's citizens,but from a practical legal standpoint,said he is not sure if that is enforceable if a future council desires to repeal the resolution or take action on an income tax;so it locks it in until council makes a different determination. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration: State Lobbyist Contract—Cary DriskelI It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to ffinalize and execute the proposed agreement for state lobbying services with Gordon Thomas Honeywell,City Attorney Driskell briefly explained the background of this contract, as noted in his previous administrative report November 19, and as contained in the November 26 Request for Council action Form. Mayor Higgins invited public comment;no comments were offered. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried 4. Motion Consideration: Interlocal Agreement Barker Road Homes Sewer Project—John Hohman It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to enter into and execute the Interlocal Agreement with Spokane County regarding the Barker Road Homes Sanitary Sewer Project. Deputy City Manager Hohman explained that this is the fourth discussion of this particular cooperative effort;that this would be a Spokane County project; he said we'd provide the initial design and funding to carry out the project, and as noted with Council's previously approved resolution, we will formally relinquish the City's 2020 and 2021 program year CDBG Spokane County set-aside in order to assist eligible low and very low income homeowners with assessment and connection charges; and he mentioned that the roles of each jurisdiction regarding financing, design and construction are included in the agreement. Mr. Hohman also noted the availability of grants and a low interest loan program to assist Regular Formal Council Meeting: 11-26-2019 Page 3 of 5 Approved by Council: 12-17-2019 residents in making that sewer connection.Mr.Hohman said we had anticipated using the aquifer protection funds, but transferring those funds would have been very difficult as the County collects them and send us a check twice a year;and we had already committed those funds to a different storrnwater project; said most of the money would be coming out of the street wear money associated with replacement of the roadway in that area;and he added that the Spokane County Board of County Commissioners approved the interlocal last week, and so we are looking for approval tonight. Councilmember Thompson asked who would be tracking who can't afford to do the hookups and Mr. Hohman said staff will stay on top of that and can report back if Council desires. Mayor Higgins invited public comment.Ms.Barb Howard, Spokane Valley: said concerning senior citizens hooking up,that when she hooked up she couldn't afford it so the County put a lien on her property, so when she and her husband pass and the property is sold, then the County would get their money; said in this case she wouldn't be concerned as they are getting more help than she and her husband did when they had to hook up. There were no further public comments. Vote by acclamation:In favor: unanimous. Opposed' none. Motion carried PUBLIC COMMENTS: After explaining the process,Mayor Higgins invited public comment. Ms.Kristine Schuler, Spokane: concerning the Martin v. Boise case,said that case will never be over-turned as it is;that you can't criminalize homelessness; said if you live one year as a homeless person you can get a free apartment; she cautioned Council not to go the path of Spokane as they are handling it all wrong as there will never be enough shelters; said she likes the idea of a designated park and if someone wants to camp,they can camp there and not just anywhere they want to. Ms. Sarah Neelands, Spokane Valley: she mentioned Spokane working on creating a new center for the homeless, but said that it should be a working center and people should clean sidewalks,or perform graffiti abatement; said they are looking for a building and she hopes the City has some ideas;that she is aware of a program in Ft. Worth Texas they call a clean state, and she said she calls her program the Spokes of a Wheel, and said she would like to start with a warming center here and get a work force together. Mr. Albert Merkel, Spokane Valley: regarding the procurement changes, said he thinks the city should seriously consider not making the changes; thinks we can do better than doing sole source contracts and he urged Council not to make the changes, but to emphasize more on competition which he said keeps prices low. Ms. Barb Howard, Spokane Valley: concerning the sewer hook-up, said when they did their sewer hookup it was about $88.00 a month for the next 20 years; so if someone is on a fixed income, they could choose to have the County put a lien on their property. ADMINISTRATIVE REPORTS: 5. CenterPlace Roof—Mike Stone, Glenn Ritter; Steve Roth of Architects West Parks & Recreation Director Stone started with the PowerPoint presentation, explaining the project background, existing roof system, and that staff and Mr. Roth of Architects. West, recommend and are seeking Council consensus on the option of a standing seam metal roof. Staff and Mr. Roth went over the pros and cons of the options as shown in the PowerPoint,as well as maintenance and cost.A question arose about funding and Mr.Calhoun noted that all park related capital projects use fund 309, but this would have to come from the general fund, and would require a 2020 budget amendment to tap into some of the reserves. There was also some discussion about the current roof,what kind of roof is used on our City Hall, warranties, installation, whether the prior roof or parts could be recycled, and of building in a contingency plan. Mayor Higgins asked for Council consensus on option 2 —the standing seam metal roof; and all Councilmembers concurred except Councilmember Wick. Mayor Higgins called for a recess at 7:22 p.m.; he reconvened the meeting at 7:30 p.m. Regular Formal Council Meeting: 11-26-2019 Page 4 of 5 Approved by Council: 12-17-2019 6. Marketing&Communications Report—Lesli Brassfield, Jeff Kleingartner Ms. Brassfield briefly went over the five-year marketing plan and the three key strategies;the multi-channel marketing and communications including video, website content, and social media; she mentioned digital campaigns to promote such events as farmers market,Valleyfest, etc. Mr. Kleingartner then discussed the aspects of social media including Facebook,Twitter,Linkedln, and Instagram; and they both discussed the economic development website and the increased number of visitors;they noted our traditional media such as the Hot Topic Quarterly newsletter,and the various print advertising,as well as radio advertising.Council discussion included commenting about our positive educating of the public about what we do in the community; the idea of promoting restaurant week; partnering with the County on similar things we both do; and whether we are or could link with the School Districts; with Ms. Brassfield commenting that we work closely with the school districts now especially in promoting our Parks & Recreation information, which she said is one of the most popular sought after content on our website. 7. Procurement Code Amendment—Erik Lamb Deputy City Attorney Lamb gave a brief background on proposed amendments to our purchasing and contracting sections of our municipal code; and of the heavily regulated aspects of bidding; he noted that the majority of the changes are in response to legislation passed this year concerning public works;and that some of the proposed changes relate to the use of MRSC managing our rosters; and he briefed Council on the proposed changes as noted in the ordinance draft. There was Council consensus to move this forward to a first reading. 8. Advance Agenda--Mayor Higgins There were no suggested changed to the Advance Agenda. 9. Department Reports These reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS Mr. Calhoun mentioned we received two grants for the Argonne and Montgomery Concrete Intersection $2.7 million dollar project,with the grant coming in just under$2 million;he also noted that the December 3 meeting will be cancelled in recognition of Thanksgiving, so the next meeting will be December 10; and reminded everyone of the 17`x'annual Celebration of Lights set for December 5,at 5:30 here at City Hall. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:24 p.m. .00 At itir A L.R. Higgins, ,, _ ,or 1,x. 1 , Christine Bainbridge, City Clerk Regular Formal Council Meeting: 11-26-2019 Page 5 of 5 Approved by Council: 12-17-2019 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, November 26, 2019 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. If you wish to comment about an individual action item on tonight's agenda (such a motion to approve an ordinance or resolution) when appropriate, the Mayor will ask r co ments on those items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT ezIS4tie SrJ (A/49 r1 (I1 V SDI 0)&21te_. f',3/esuradiNe,_, LA H-Owdo 41\-- -ee2A/1 p Obriuy‘J2__Vi A-( H 0140- ps,),..t)1,-A f)CD Ceitfucilktr TJ-tAlck\kN Vellt J Please note that once information is entered on this form, it becomes a public record subject to public disclosure. d DRAFT Mayor Higgins-Proposed Revision for Agenda item #2 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 19-018 A RESOLUTION 01? THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REGARDING OPPOSITION TO A LOCAL INCOME TAX ON THE RESIDENTS AND BUSINESSES OF THE CITY,AND OTHER MATTERS RELATING THERETO. WHEREAS, Article VII, § 1 of the Washington State Constit ionab fishes the basic framework for taxation in the state of Washington, including what shall bezermitted as a _and WHEREAS, the City of Seattle recently attempted to enact-anincome tax on certai0inclividuals applicable within its municipal boundaries. The Washington State Court of Appeals, Divi ion I ruled that such a tax,when selectively applied,was unconstitutional and invalid. Kunath of Seattle, Slip Opinion 79447-7-I (2019). Certain language in the court's ruling has caused discussion in various communities across Washington as to whether cities have authority to impose a local-income tax, which is legally considered a tax on property; and WHEREAS, the City of Seattle is seeking=fiirtherseviewfirom the Washington State Supreme Court in the Kunath case, and that court has not ruled yet or that request for further appeal; and WHEREAS, the City Council±ants to declare its ;position=regarding the potential for cities to impose a local income tax on its residents and businesses; and WHEREAS, businesses large and small provide'-the economic lifeblood in our City, the region, state, and country; and WHEREAS,_b sinesses are already`subject to a highly regressive business and occupation tax imposed by the state-=of Washington. Although many cities across the state additionally impose a local business and occupation tax,_thESpokane Valley City Council has deliberately chosen not to, electing to create a regulatory and taxing climate based on opportunity for businesses to operate in; and -WHEREAS, Spokane ValIey sits several miles from Washington's border with the state of Idaho, which already results in substantial loss of commerce to businesses located in north Idaho. Furthermore, Idaho has a more-favorable business regulatory climate, including lower taxes, as an enticement for businesses to locate there to attract commerce from Washington's border communities; and WHEREAS,the City Council knows that a strong and encouraging business climate is one of the best ways to attract and retain good businesses to employ people in family wage jobs; and WHEREAS, use of a local income tax may generate additional revenue in the short term, but would most likely result in less long-term revenue due to the dampening effect it would have on our businesses. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Resolution 19-018 Page 1 of 2 DRAFT Mayor Higgins-Proposed Revision for Agenda Item#2 Section 1. The City Council hereby declares that the imposition of a local income tax on the businesses and residents of the City of Spokane Valley is prohibited. Such a tax would be in direct conflict with the high value the City places on promoting economic development through the attraction and expansion of financially healthy, family wage-paying employers. Small businesses are the backbone of our local, regional, state, and national economy and it is imperative that the City not put unnecessary hurdles in the way of their success. As such,the Spokane Valley City Council prohibits strongly oppose:, the imposition of a local income tax in the event a local income tax is determined legal and permissible by the Washington State Supreme Court or the Washington State Legislature. Section 2. Effective Date. This Resolution shall be effective upon adoption. Adopted this 26th day of November, 2019. City of Spokane Valley __ Zl iggins 'VIaour ATTEST: Christine Bainbridge, City Clerk Approved as to Form: _ e Office of the City Attorney Resolution 19-018 Page 2 of 2