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2020, 01-14 Reglar Formal Format MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington January 14, 2020 Mayor Wick called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Pam Haley, Councilmember Chelsie Taylor, Finance Director Tim Hattenburg, Councilmember Cary Driskell, City Attorney Rod Higgins, Councilmember Erik Lamb, Deputy City Attorney Linda Thompson, Councilmember Mike Stone, Parks&Recreation Director Arne Woodard, Councilmember Bill Helbig, City Engineer Gloria Mantz, Engineering Manager 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. APPROVAL OF AMENDED AGENDA It was moved by Councilmember Thompson, seconded and unanimously agreed to accept the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember: Thompson: said she has been doing some work with the Board of Health policy groups looking at legislation overlaying the cities state legislatives committee work with the Board of Health committee work with the other AWC (Association of Washington Cities) and making sure that it's going to be a quick session, and that we have our voices out there and sharing information about bills and policies that will enhance our community; and said she was happy to see the crosswalk being installed at the North Pines Middle School. Councilmember Higgins: no report Councilmember Haley: reported that she attended some STA (Spokane Transit Authority)Board meetings and that they have hired a full time police officer to patrol the plaza and the neighboring areas to make sure there are no problems; said they received their grant and it should be delivered Tuesday, and the public is welcome to the event, and she suggested members of the public check out the STA website for available event parking; she mentioned that Congresswoman Cathy McMorris Rodgers will be there as well as the acting Federal Transit Administration director; said she completed her last Jail Task Force meeting and that one of the things that can be done to help people not fail to appear for court, is to re-design the summons so it will be easier to determine where and what time the person should appear, and that they will also get reminder phone calls. City Manager Calhoun noted that as the Task Force has completed its task,we hope to have a report available for Council sometime in March. City Attorney Driskell added that he will see if we can get Maggie Yates here sooner; that there has been a significant amount of work and data collection and that some of the data is still being collated. Councilmember Woodard: said he attended an HCDAC (Housing and Community Development Advisory Committee), and there was $1.8 million after the valley's allocation and administration was taken out of Regular Formal Council Meeting: 01-14-2020 Page 1 of 5 Approved by Council:02-04-2020 the rest of the money to allocate $1.6 million; said there were four small cities this year all with critical water projects;said all four were funded and there was still a little bit due to SNAP on their home renovation and therefore it will help prevent some people from going homeless; said this has now become an essential program instead of an emergency program; that in the future the County would like to see awards funded more to the amount of what they asked for; said they got about half of what they asked for; and said he believes the public hearing will be held March 6. Councilmember Hattenburg: said he attended the Jail Task Force meeting and that there were a lot of innovative ideas that we will be hearing more about in the future, including making citations easier to read so people know where and when to appear for their first court appearance. Deputy Mayor Peetz: stated that she attended the Transportation Committee meeting and DOT (Dept. of Transportation) gave a presentation, and said we have received several updates on that so she didn't need to go over that; said STA gave a presentation and they said many of their impacts were to the paratransit; she attended the Government Action Program and said there is big discussion of the .09 that will be coming to the legislature, and said people should go to .09.com for more information, and that issue is Senate Bill 5899, which is to extend the rural designation to 32 counties and its border designation; said Spokane County does not have a dedicated fund for economic development,and because Idaho has a lower minimum wage and no B&O tax, that people would rather move to Idaho then here; said she attended the TPA (Tourism Promotion Area) committee meeting where several Spokane Valley organizations were awarded funds; regarding that meeting, she said the Committee is examining the funding process, and some new funding ideas included capping the amount of money for each organization, whether to fully or partially fund each organization, and if organizations can receive LTAC and TPA funding; said there is also a proposed bill to change the 2% room rate and that some of the language may also change concerning how the funds are awarded. MAYOR'S REPORT Mayor Wick extended his appreciation for all the well-wishes and said he is looking forward to a great 2020 year; said the Planning Commission appointments item isn't on tonight's agenda as he wanted a chance to meet the applicants and that there were a couple of people who thought they had submitted their applications but they were not received so the application process was re-opened; said the Planning Commission's next meeting isn't until February so it shouldn't inconvenience the Commission too badly; said he hopes to get those applications to Council shortly;and said if people are interested,the application process is open again until January 28; said he attended a Health District meeting last year and that he will be serving as the Chair of the Health District this year as well; said he had lots of meetings with GSI(Greater Spokane, Inc.) and there has been a lot of discussion about the .09 economic development; mentioned the ADO, or the designated organization by the County for economic development;said that years ago that agency combined with GSI,so GSI is not only the downtown chamber,but they are also the Regional Economic Development Agency; said they are working to educate people on what the difference is and there is an ongoing debate between the County and if they should continue being the ADO or split back out and how the County wants to move forward, especially as the City of Spokane and Spokane County have created the Public Development Authorities; so now there are three public development authorities: the West Plains area,the University District, and the Northeast or Hillyard Area; he said the County is starting to shift some of their economic development funds more towards those Public Development Authorities and away from the ADO; and he mentioned that there is no ADO for the Spokane Valley area. On another issue, Mayor Wick said the Deputy Mayor has in the past made most of the motions, but he wanted to let Councihnembers know that any Councilmember should feel free to make any motions. PROCLAMATION: Mayor Wick read the Martin Luther King, Jr. Day proclamation. 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 Jan 14,2020, Request for Council Action Form Total: $3,886,606.64 b.Approval of Payroll for Pay Period Ending December 15,2019: $360,115.69 Regular Formal Council Meeting: 01-14-2020 Page 2 of 5 Approved by Council:02-04-2020 c. Approval of Payroll for Pay Period Ending December 31, 2019: $548,416.65 d. Approval of Council Meeting Minutes of December 10, 2019 Formal Format e. Approval of Council Meeting Minutes of December 12, 2019 Special Meeting f.Approval of Council Meeting Minutes of December 17, 2019 Study Session Format g. Approval of Council Meeting Minutes of January 7,2020 Study Session Format It was moved by Councilmember Thompson, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Resolution 20-001 Amending Bank Signing Authority—Chelsie Taylor It was moved by Deputy Mayor Peetz and seconded to approve Resolution #20-001 declaring which qualified public depositories the City is authorized to conduct financial transactions with, and declaring which Councilmembers and City officers have signing authority on behalf of the City. After Finance Director Taylor explained the purpose of this Resolution as noted in her January 14, 2020 Request for Council Action form, Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed.' none. Motion carried. 3. Motion Consideration: Barker Rd/BNSF Grade Separation Project Supplemental Agreement— Gloria Mantz,Bill Helbig It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager tofinalize and execute a supplemental agreement with DEA with a new contract amount not to exceed $2,796,891.04 for the Barker Road/BNSF Grade Separation Project. Ms. Mantz went through the PowerPoint presentation explaining the project timeline, the consultant agreement and supplemental agreements, including the current supplement#7; and next steps. Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 4.Mayoral Appointments: Councilmembers to Various Committees and Boards—Mayor Wick Mayor Wick explained that his proposed appointments are as a result of his efforts to have a balanced approach for the appointments,and to give all Councilmembers a chance to participate and share in the fun and the work. It was moved by Councilmember Thompson and seconded to confirm the appointments as listed above. Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried to confirm the appointments as listed.' (1)Aging&Long Term Care of Eastern Washington:Rod Higgins, with Pam Haley as alternate; (2) Chamber of Commerce Board: Brandi Peetz; (3)Clean Air Agency:Rod Higgins, with Arne Woodard as alternate; (4) Continuum of Care for the Homeless: Pam Haley; (5)Finance Committee, Spokane Valley: Ben Wick, Brandi Peetz, Linda Thompson; (6) GMA [Growth Mgrnt Steering Committee of Elected Officials]: Ben Wick, Tim Hattenburg; (7) Governance Manual Committee:Rod Higgins, Tim Hattenburg, Linda Thompson; (8) GSI [must be the Mayor]:Ben Wick; (9) Health District Board: Linda Thompson, Ben Wick; (10) Lodging Tax Advisory Committee:Ben Wick; (11) Mayors'Assoc. of NE Washington [must be the Mayor]: Ben Wick; (12) SRTC, Spokane Regional Transportation Council: Ben Wick; (13) STA, Spokane Transit Authority: Pam Haley, Tim Hattenburg,with Ben Wick as alternate; (14) Visit Spokane:Brandi Peetz, with Pam Haley as alternate. PUBLIC COMMENTS: After Mayor Wick explained the process,he invited public comments. Mr. John Harding, Spokane Valley: said that as a citizen in the 4th District, he feels his ability to have his concerns addressed to the state legislature have been compromised;said he thinks Council knows what he's talking about; said it has become commonplace for someone to lie about someone else, and for that lie to circulate around the nation or even world-wide, and be included and shared among various forms of the media; said the individual was elected and re-elected to represent a certain group of citizens; said he feels personally attacked by the legislature for basically removing a person from office, and not allowing that representative to have a chair,removing him from three different committees he was in charge of, and not allowing him to be in the legislature during open session; said he hasn't confirmed all that but that is what he has heard from some people who should know; he said that no crime has been committed but the person Regular Formal Council Meeting: 01-14-2020 Page 3 of 5 Approved by Counei1:02-04-2020 has been verbally attacked and was investigated at the expense of the taxpayers, and at the end of the investigation, there was no crime, but a lot of terms were used which could get one in trouble with the federal government. Mr.Bob West, Spokane Valley: said he has remained silent for three years;that with what Mr. Harding just said,that he (Mr. West) didn't plan on saying, but said if you want proof, he will supply proof; he quoted several statements from "Church and State" by Caleb Collier, about government dictating rights with the end resulting in death;about the age of church militant being present; he said that Cap Pastor Ken Peters at last week's rally that Mr. Shea attended, said democrats were not welcome there, but if they want to check us out, we will give them six months to repent; he said that Mr. Shea made a statement at a rally his first day back at the statehouse, about the legislature persecuting Christians; Mr. West said there is no proof of that; and he quoted from Mr. Shea's July 22, 2019 podcast about communist or Marxist or affiliated organizations or the indivisible group,that they are in Spokane Valley.Councilmember Higgins asked what about not getting into politics during public comment. City Attorney Driskell interjected that the previous person was talking about political issues that haven't traditionally been a focus of this Council although they relate to the district we are in; and that Mr. Driskell said he was concerned when Mr. West started talking about the election and people running for office; that there is some latitude about political issues, when we are getting into campaign issues,this Council,Council's Governance Manual,and state law under RCW 42.17A.555 where it states that facilities are not to be used for any purpose relative to campaign issues; however, Mr. Driskell said there if there are no arguable discussions about campaigns because the last speaker was granted some latitude, he would suggest Mr. West's comments be permitted so long as there is no associated campaign discussion. Mr. West indicated he understood and said he was merely reading from an individual's own words so it isn't campaign related; and said he apologizes if he mentions anything about a campaign. Mr. West continued quoting from the material he had, about some group or individuals being identified as Antifa sympathizers and about some recent events and those folks being involved in it; and that these groups arc affiliated with other groups that are Marxists and are arming. Mr. West said that is a threat and that is proof specifically out of his mouth, and said if we are going to talk about Mr. Shea,that Mr. West suggests we get the entire story. Ms. Nina Fluegal, Spokane Valley: she remarked about the Martin Luther King, Jr. day proclamation talking about what we can do for others;she said we are facing sidewalk issues,specifically with businesses along Sprague Avenue; said she has seen more people stepping into the road because the sidewalks are not clear; she mentioned that there have been no efforts so far to running a plow on the Appleway Trail to give people an alternate route for those who need to go somewhere on Sprague; she suggested we could use the money collected for fines for more enforcement; said there are also kids walking on the streets on their way to school; and she suggested revisiting those businesses and ticketing those businesses who are failing to keep the sidewalks clear.Mayor Wick suggested Ms. Fluegal could also contact staff or council should she need further information. Ms. Lelalia Delong, Spokane Valley: said she is pleased with the snowplow removal; said that in the past three years went by where she never saw a plow but now her street has already been plowed; and she again thanked Council for the improved plowing. ADMINISTRATIVE REPORTS: 5. Valleyfest Contract—Cary Driskell City Attorney Drislcell explained the background of the proposed agreement with Valleyfest, in that the negotiated agreement is to recognize the existing relationship. There were no objections to moving this forward for a motion for next week. 6. Training: Public Records Act, Open Public Meeting—Cary Driskell,Erik Lamb Deputy City Attorney Lamb went through the training materials included in the Council packet, for the Public Records Act as well as the Open Public Meeting Act. Regular Formal Council Meeting: 01-14-2020 Page 4 of 5 Approved by Council:02-04-2020 7. Advance Agenda—Mayor Wick Councilmember Haley asked about having a presentation concerning the .09 campaign and Mr. Calhoun said we have been in contact with GSI and hope to have someone from GSI discuss this with Council prior to Council's trip to Olympia. Councilmember Thompson said that there are at times overlaps on the calendar,for example STA with the Board of Health. Councilmember Haley also mentioned that at her last STA meeting they discussed having more distance between the two meeting times. Councilmember Thompson said for example,tonight Avista had a community forum on homelessness; said she would like a way to keep a more detailed calendar of the committees and where each might be and to make sure everyone knows our Council meets on Tuesday nights.Mayor Wick said they can also be taken up with the Health District, and City Manager Calhoun said that staff can put together a monthly calendar to include regional meetings to help identify the areas of overlap;and said that Councilmembers sitting on those boards will also have the most impact on the meeting times and dates. Mayor Wick said he would Like the Governance Manual Committee to take a look at the way Council handles their committee reports; and maybe have a time for more in-depth discussion or come up with a better way to communicate what is going on with the various boards. Mayor Wick mentioned that the federal lobbyist with STA will be in town and perhaps there will be an opportunity to connect with them, and if more than four councilmembers want to attend, it would require a special meeting; perhaps a meeting could be on Monday even though it is a holiday, if there is interest. Mr. Calhoun noted that by contract, our lobbyist comes out here at least annually. Mayor Wick suggested if any Councilmembers would like to participate,to let him, or Marci Patterson, or Chris Bainbridge know. Mr.Driskell reminded Council that a special meeting would need to be called if there are more than three councilmembers who want to attend. 8. Department Report The Police Department Report was for information only and was not reported or discussed. CITY MANAGER COMMENTS City Manager Calhoun mentioned that Council adopted a sidewalk snow removal ordinance in 2017 whereby we are all required to remove snow and ice within 48 hours of the conclusion of a snow event; he said that once we reach the end from the last snow event, we will be sending code compliance to focus on the commercial areas and school areas; he noted that some businesses are careful about clearing their sidewalks and others are not. Mr. Calhoun mentioned that next week we will have our Council meeting as usual, but two weeks from tonight, January 28, that meeting is cancelled as Councilmembers travel to Olympia for AWC Lobby Days. 9. Executive Session: Real Property Acquisition; Potential Litigation, Pending Litigation [RCW 42.30.110(1)(b) and 42.30.110(1)(i)] It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for approximately 45 minutes to discuss real property acquisition, and potential and pending litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 7:38 p.m. At 8:07 p.m. Mayor Wick declared Council out of executive session, after which it was moved by Counciimember Haley, seconded and unanimously agreed to adjourn. ATT S f Ben Wick,Mayor • -pristine Bainbridge, ity Clerk Regular Formal Council Meeting: 01-14-2020 Page 5 of 5 Approved by Council:02-04-2020 Agenda Item#4 Revised CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: January 14, 2020 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Confirmation of Mayoral Appointments of Councilmembers to Boards and Committees GOVERNING LEGISLATION: Various ordinances,resolutions, and state statutes. PREVIOUS COUNCIL ACTION TAKEN: Annually, the Mayor makes appointment recommendations to place Councilmembers on various regional boards and committees. The following committees have representatives with terms that have not yet expired: 1. HCDAC (Housing& Community Development Advisory Committee) Arne Woodard: expires 2/20/21 2. Tourism Promotion Area(TPA)—Brandi Peetz, terms are 3 years: expires end of 2021 3. Wastewater Policy Advisory Board: terms are 4 years or until no longer an elected official: Arne Woodard, Rod Higgins—both terms expire 12/31/2021 The following are the Mayor's recommendations for each Councilmember's committee assignments: 1.Aging& Long Term Care of Eastern Washington(1 representative,plus one alternate if desired): Rod Higgins,with Pam Haley as alternate 2. Chamber of Commerce Board (1 representative): Brandi Peetz 3. Clean Air Agency, Spokane Regional (1 representative, 4-year term; plus one alternate if desired): Rod Higgins, with Arne Woodard as alternate 4. Continuum of Care for the Homeless, Spokane County(1 representative for one year term): Pain Haley 5. Finance Committee, Spokane Valley(3 councilmembers): Ben Wick, Brandi Peetz, Linda Thompson 6. GMA (Growth Mgmt Steering Committee of Elected Officials(2 councilmembers): Ben Wick, Tim Hattenburg 7. Governance Manual Committee (2 or 3 councilmembers): Rod Higgins,Tim Hattenburg,Linda Thompson 8. GSI: must be the Mayor: Ben Wick 9. Health District Board(2 representatives): Linda Thompson,Ben Wick 10.Lodging Tax Advisory Committee(one representative): Ben Wick 11. Mayors' Association of Northeast Washington(must be the Mayor): Ben Wick 12. SRTC, Spokane Regional Transportation Council(1 rep, plus one alternate if desired): Ben Wick 13. STA, Spokane Transit Authority (2 representatives and an alternate if desired): Pam Haley,Tim Hattenburg,with Ben Wick as alternate 14. Visit Spokane (one representative and an alternate if desired): Brandi Peetz,with Pam Haley as alternate OPTIONS: Move to confirm the Mayoral appointments of Councilmembers to the committees and boards as modified or listed above. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayoral appointments of Councilmembers to the committees and boards as listed above. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: City Clerk Bainbridge;Mayor Wick ATTACHMENTS: List and description of committees