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2019, 12-10 Regular Formal Format MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington December 10,2019 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 Holtman, 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 Mark Werner, Police Chief Christine Bainbridge, City Clerk INVOCATION: Pastor Sid Johnson of the Spokane Valley Baptist 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. 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 Thompson: reported that she attended the City Tree Lighting Ceremony and said it was a wonderful celebration; went to the Board of Health meeting where they heard a report from the new administrator who has been on the job for six months now, said the budget is not balanced but that she and other board members asked for a balanced budget for the next six months; said she also went to the AWC (Association of Washington Cities) Board of Directors meeting where they talked about their legislative agenda and the importance of cities working together, and she enumerated several of their goals; said they also talked about their clean fiscal audit; and said she attended several legislative meetings. Councilmember Wick: said he attended an AWC Elected Officials essential training class, and said that even though this wasn't his first time in such a class, there is always something new to learn, and he mentioned that this time it was hosted at CenterPlace; said he attended a ribbon cutting for the new restaurant TT's BBQ; he also attended the tree lighting and he extended compliments to staff on the decorations; went to the Board of Health meeting where they agree that works needs to be done on the budget, and said that even though the budget isn't balanced,they do have a reserve account. Councilmember Wood: no report. Councilmember Peetz: said she also attended the celebration of lights and tree lighting and extended kudos to staff for their work; said she went to the Northwest Winterfest kickoff at the Mirabeau and said it was a lot of fun. Councilmember Woodard: reported that he attended the tree lighting, and many Chamber of Commerce events, including the ribbon cutting for the new restaurant; said he and other Councilmembers met with Senator Billig and talked about some of our projects and concerns associated with Initiative 976; said he Regular Formal Council Meeting; 12-10-2019 Page 1 of 5 Approved by Council: 01-14-2020 attended a regional robotics tournament at Shaw Middle School, which he said was very impressive; and that he and other members of Council met yesterday with our state legislators and talked about our legislative agenda. Deputy Mayor Haley: said she attended many of the things already discussed, as well as several STA (Spokane Transit Authority) meetings, and said their budget does balance; said there was some initial concern with STA and initiative 976,but that it could result in STA receiving lower than expected bids. MAYOR'S REPORT Mayor Higgins said he too attended many of the events already mentioned, and therefore,has no report. PROCLAMATION n/a 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 Dec 10,2019, Request for Council Action Form Total:$ 1,776,838.43 b. Approval of Payroll for Pay Period Ending Nov 30, 2019: $494,671.14 c.Approval of Council Meeting Minutes of November 12, 2019, Regular Formal Format d.Approval of Council Meeting Minutes of November 19, 2019, Study Session Format It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2.First Reading Ordinance 19.021 Amending Procurement Code—Erik Lamb After City CIerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to advance Ordinance No. 19-021, adopting public works and purchasing amendments, to a second reading. City Attorney Driskell, standing in for Deputy City Attorney Lamb, gave the highlights of this proposed amendment which he said are mostly as a result of changes made by state legislature this year, and to also reflect that we are changing our rosters from being handled internally,to contracting with MRSC to handle those functions, which he said most jurisdictions around here do as well. Mr. Driskell asked Council if they were comfortable with the change in the City Manager's contract authority to match that of the state, of$350,000, and there were no objections from Council. Mr. Driskell also asked Council if they were comfortable with the change in contract threshold from $15,000 to $25,000, but that we would still do a competitive process depending on the complexity and dollar amount of the project, and there no objections from Council. Mayor Higgins invited public comment. Mr. Al Merkel, Spokane Valley,said he thinks it is important to consider tax money as our own and that the federal government doesn't even have limits this high; said the bid process should always be value based not based on the cheapest bid. Vote by acclamation: in favor: unanimous. Opposed.' none. Motion carried. 3.Motion Consideration: Outside Agency Scope Change Spokane Valley Summer Theater—Chelsie Taylor It was moved by Deputy Mayor Haley and seconded to reallocate the$5,000 awarded through the Outside Agency process to the Spokane Valley Summer Theater, from the summer camp program to the programming expenses of the 2019 summer musicals. Finance Director Taylor explained the situation, as noted in her Request for Council Action form, which was followed by further explanation by Ms. Yvonne Johnson of the Summer Theater. Councilmember Thompson asked why this request didn't come earlier, and Ms. Taylor explained that she and Ms. Johnson had been attempting to contact each other during the summer via phone and e-mail,and then there were problems with e-mails not going through.Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed.' none. Motion carried. Regular Formal Council Meeting: 12-10-2019 Page 2 of 5 Approved by Council: 01-14-2020 4.Motion Consideration: Lodging Tax Awards for 2020—Chelsie Taylor It was moved by Deputy Mayor Haley and seconded to deduct$450,000 from the available Lodging Tax funds for distribution in 2020 and move those funds into the 1.3%Lodging Tax Fund account dedicated for a large sports venue or venues for tourism facilities that generate overnight guests; and to make the following allocation of Lodging Tax funds for calendar year 2020: HUB Sports Center: $55,200; JAKT- Crave NW? $18,600; JAKT-Farmers Market: $8,000; JAKT-Oktoberfest: $8,400; Northwest Winterfest: $0; Spokane County Fair & Expo: $66,000; Spokane Sports Commission: $45,000; Valleyfest: $18,600; Valleyfest Cycle Celebration:$1,380;and Visit Spokane:$50,000. After Finance Director Taylor went over the background explaining the process,Councilmember Peetz asked Deputy Mayor Haley why she changed the original allocation recommendation. Deputy Mayor Haley said she wasn't convinced the Northwest Winterfest could do what they said they would do and was not convinced it would be good use of our money. Councilmember Thompson voiced her concern with the $450,000 and said she would rather see that at$250,000 and see the remaining$200,000 distributed to the others,or would be fine with just saving it. Mr. Calhoun explained that this is like a line item option where Council must go with the recommendation, or can choose zero, and can't give more, but can only give less as per state law. Councilmember Wick said that the Northwest Winterfest has also solicited a funding request from AVISTA so he doesn't feel they would be cutting back the event. Councilmember Woodard added that that group had indicated they didn't need the money,but just needed our park,but now it appears they do want funding in addition, and said he has problems with a 'bait and switch' as it causes problems when working with taxpayer's money.Deputy Mayor Haley stated that she isn't saying the group doesn't have the best intention of having the event, but that they did promise it in the past and it wasn't delivered, and therefore she has a concern it would not be a good use of our money. Councilmember Peetz remarked that she attended the group's kickoff and they reiterated their presentation, and they also mentioned they have sought other partners to help with the funding, and that she prefers the LTAC's committee's recommendation. Councilmember Wick asked what would happen if the event would not be held, and Director Taylor explained that the City pays on a reimbursement basis for a completed project, and if they could not complete the project, they would not receive any funding, adding that when they submit their paperwork, staff would compared what they are seeking reimbursement for, against what they applied for, and if it matched,the funding would be provided. It was then moved by Councilmember Wick and seconded to amend the motion and add back the$48,000. Councilmember Wood said the original motion received the LTAC's (Lodging Tax Advisory Committee) unanimous decision, and he therefore, supports that now as he did then. Mayor Higgins invited public comment. Ms, Barb Howard, Spokane Valley: she asked if this is a campaign promise being kept and Councilmember Peetz called for a point of order stating that since this is campaign related, this is not allowed. Mayor Higgins noted the campaign is over and City Attorney Driskell agreed that this does not violate the rules as there is no current campaign. There were no other public comments. Councilmember Peetz stated that she knows some of the people associated with the event but believes she can be objective as she feels this is a great asset for the city. Mayor Higgins mentioned that the original request was for the use of the park only, and said he would be surprised if the production ends up as promised. Vote by acclamation to amend the motion: In favor: Councilmembers Wood, Peetz, Wick and Thompson; opposed. Mayor Higgins, Deputy Mayor Haley, and Councilmember Woodard. Motion passed. Mayor Higgins invited public comment on the fully amended motion.Mr.Al Merkel, Spokane Valley; said the argument just now was over$48,000;and if that were a contract,staff could have just awarded that, and he said that is why procurement is so important. Ms. Barb Howard, Spokane Valley: asked if this is the same group a few years ago that was having problems. Vote by acclamation on the fully amended motion, which adds back the $48,000: In favor: Councilmembers Wood, Peetz, Wick and Thompson; opposed.' Mayor Higgins, Deputy Mayor Haley, and Councilmember Woodard. Motion passed. Regular Formal Council Meeting: 12-10-2019 Page 3 of 5 Approved by Council: 01-14-2020 5.Motion Consideration: Arts Council Sculpture Donation—Mike Stone;Dr. Harken It was moved by Deputy Mayor Haley and seconded to authorize the City Manager to accept, on behalf of the City, the "The Assent"sculpture by Gary Lee Price which is to be placed into storage until Balfour Park is fully developed. Parks and Recreation Director Stone explained the background of the Arts Council donating sculptures to the City, and of the agreement associated with those donations; he said that staff is bringing forward a motion consideration for the approval and acceptance of the sculpture entitled "The Assent"by Gary Lee Price. After Dr.Harken spoke of the background of this piece and its estimated value, Councilmember Peetz asked about the cost to store the item, and then later place it. Mr. Stone explained there is no cost to store the item, and when it comes to installation, that will be included as part of the park construction costs. Dr. Harken also noted the Arts Council has several pieces coming up for the next year, and in particular,one item about five to six feet tall, and that the artist said he doesn't want any cost except for the marble block and transportation; and said it will take about two years to build and the hope is it will be light enough to be placed inside City Hall. Dr. Harken mentioned that this is just advance information now and once he sees the concept, this will be brought back to Council for further discussion. Mayor Higgins invited public comment. Mr. Al Merkel, Spokane Valley: asked about liability insurance when we store these pieces. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. PUBLIC COMMENTS: Mayor Higgins explained the process, and then invited public comment. Mr. Al Merkel, Spokane Valley: said this last year has been a trying one for our city; that uncontrolled development has ruined many neighborhoods; property crime is soaring and homelessness is growing; said our City's great reputation has been mired by elected officials;from regional elected officials who want to start a holy war to local officials who want to dredge up and miseharacterize divisive racial issues from the 90s'; said our valley has been plagued by elected officials who make questionable public policy choices; said our city has run into management problems from crumbling buildings to unclear development decisions; said he is thankful for the upcoming year with a new city council with members eager to listen to the public; said we need someone at the helm who is level-headed and listens to citizens; he voiced his support for Ben Wick as next mayor and Brandi Peetz as the next deputy mayor. Ms. Barb Howard, Spokane Valley: she said if Mr. Ben Wick does become mayor, that she will ask him to devise himself from his paper or start printing the truth; she extended thanks to Mayor Higgins, Deputy Mayor Haley and Councilmember Woodard; that about the racist issues; said she is getting sick of it also and she suggests people stop it now as it huits the valley;regarding her other comments about the campaign promise, she said those people did a fundraiser for three council candidates and said she has a copy of everything. Ms. Peggy Doering, Spokane Valley: as executive director of Valleyfest, she extended thanks to Council for supporting this community event, and said they are already working on the 2020 celebration. Mr. John Harding, Spokane Valley; said the previous person who mentioned a holy war, that everyone knows who is was referring to; but to comment about a holy war is typical of people who would rather create an argument then understand the reasons of what is going on,and said context is important; said he'd be curious about how our Council feels about holding onto the investigation about our representative as people should ask for the report and where the investigation is, and that it should have been made public, and he wants to see the whole thing and not a redacted copy;said he wants Council to ask people in Olympia about this report and investigation. ADMINISTRATIVE REPORTS: 6. Fee Resolution for 2020—Chelsie Taylor Finance Director Taylor gave background information on the Master Fee Schedule, and as included in her Request for Council Action, explained the proposed and recommended changes, for Planning and Parks and Recreation. Councilmember Woodard asked when was the last time we did a general overall analysis Regular Formal Council Meeting: 12-10-2019 Page 4 of 5 Approved by Council: 01-14-2020 of the fees, and Mr. Calhoun said he presumed it was prior to 2011. Councilmember Thompson asked if the fees cover our cost and Ms.Taylor said without further research, she couldn't answer definitely, but the goal is to cover costs. Mr. Stone said Parks &Recreation also strives to recover costs but when it comes to aquatics,there is no way to recover costs and still provide a program. In response to a question from Deputy Mayor Haley about scholarships for swim lessons, Mr. Stone said that Make a Splash Foundation does provide scholarships for swim lessons and for the swim team; and they also provided one free day of swimming, adding that he has never had to turn down anyone who has asked for a scholarship. Councilmember Woodard said perhaps next year Council can take a more thorough look at our fees. 7. Advance Agenda—Mayor Higgins Councilmember Woodard suggested having a future discussion on the fee resolution and to have an analysis for the permits costs and other fees, and what it might take to stay even. There were at least four Councilmembers who agreed. CITY MANAGER COMMENTS City Manager Calhoun reminded everyone that next Tuesday is the final Council meeting of this year, and prior to that meeting, at 5:00 p.m. in Council Chambers, there will be a reception for outgoing Councilmember Sam Wood. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:22 p.m. ATT Ben Wick, Mayor AA. ■ / . • `.. CTiristine Bainbridge, City Clerk ' Regular Formal Council Meeting: 12-10-2019 Page 5 of 5 Approved by Council: 01-14-2020 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, December 10, 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 f ( M 1 (14-A 3 Po t1 Please note that once information is entered on this limn, it becomes a public record subject to public disclosure.