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2020, 09-08 Reglar Formal Format MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Spokane Valley, Washington September 8,2020 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via ZOOM meeting. 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 Lori Barlow, Senior Planner Mike Basinger, Economic Develop. Manager Christine Bainbridge, City Clerk ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS nfa COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Haley: mentioned that the Performance and Development (P&D) Committee of the STA (Spokane Transit Authority) met and discussed much of the same things as they discussed during their workshop;said STA wanted a zero-emission bus but will first get about half of what they ordered in electric buses and the second half will be ordered through whatever company will do the best; said battery operated buses don't have enough charge to complete a full route; said the STA is also conducting a study on the I- 90 valley corridor and they are seeking public input;that members of the public wishing to comment should visit the STA website; she also mentioned there is an idea of maybe moving the Mirabeau park and ride or making it bigger, and to have additional park and rides; said they will be doing a pilot project for a rapid bus transit line which was going to be implemented in 2023 or 2024,but now it looks like that won't occur until 2026;said they also discussed the couplet on Division and Ruby and haven't decided to keep Division a one-way; said the couplet hasn't worked the way they thought it would and they are considering going back to two-way; said she also met with the Continuum of Care and she is working on grading Housing First Grant Applications, which deadline was extended for two more weeks. Mayor Wick suggested we invite a representative from the STA to come talk to us about park and rides, and Councilmember Haley said they have offered to do that any time. Mayor Wick said he will bring this up again during the Advance Agenda item on tonight's agenda. Councilmember Woodard: no report. Councilmember Hattenburg: said the STA is also conducting a one-year pilot program to reduce fares for non-profits, and is now accepting applications; said they have approved 2021 events such as Bloomsday, Hoopfest,the Fair, and Valleyfest for half-price fare except there will be no charge for Valleyfest. Councilmember Higgins: said he met with the Clean Air Agency and they have hired a new executive director, a Mr. Scott Windsor who previously worked with Spokane Solid Waste Department, and that he will begin his duties around the first of October. Regular Formal Council Meeting: 09-08-2020 Page 1 of 5 Approved by Council: 09-22-2020 Councilmember Thompson; said she met with the AWC (Association of Washington Cities) Equity Committee and is working with a group with the NLC (National League of Cities) to bring diversity and equity training to the AWC; said the Large City Committee will meet next week and there is a lot on the agenda about how cities are faring economically with the COVID; mentioned the devastation of the Town of Malden, Washington, which was almost entirely wiped out by fires and asked if our city might be able to do something to assist them; said she has not contacted anyone in that regard yet and Mayor Wick suggested a conference call to see how they are doing.Councilmember Thompson also noted that Ms.Micki Harnois from Rockford has reached out to Malden so she (Councilmember Thompson) will connect with them also and maybe discuss what they might need. Deputy Mayor Peetz: said she had a Washington Traffic Safety Commission meeting with staff; that she got a run-down of what to expect and received lots of reading materials and their first meeting will be in October; said she attended a Chamber of Commerce meeting where they discussed CARES funding and they also talked about their new location on University and Sprague;that they are close to being done and that there will probably be some sort of ribbon cutting in the future; said she also attended an AWC Legislative Priority Meeting; said that sad to say, some of the things she mentioned previously did go forward after lengthy debate; said they `buttoned up' their agenda and will bring it to the Board to see if maybe it will change then, and said that once she gets the copy, she will get Councilmembers a copy; she said the majority of the discussion was about law enforcement reform; and she also extended kudos to retired Liberty Lake Police Chief Asmus. MAYOR'S REPORT Mayor Wick mentioned that recently retired Liberty Lake Police Chief Brian Asmus is now the new director of security for the Central Valley School District;noted that we will receive another round of CARES funds from the state, and said our city is one of the few cities that have allocated or determined how to spend those funds and that the due date has been extended until the end of November for the second round of funds. PROCLAMATION: Constitution Week After Mayor Wick read the proclamation, proclaiming Constitution week as September 17—23, Ms. Janet Ulbright, member of the local DAR (Daughters of the American Revolution) expressed her gratitude for the proclamation to encourage citizens to learn more about their Constitution and their American heritage. GENERAL PUBLIC COMMENT OPPORTUNITY 111: Mayor Wick went over the basic process for giving public comment. There were four people who signed up to speak: Ms. Nicole Luth, Spokane Valley: said she is with Paine Hamblen Attorneys and was speaking on behalf of the Black Pearl Casino; she mentioned a previous letter sent to Councilmembers concerning the 6%tax on the gross revenue of social card games and that by comparison, the City of Spokane's tax is currently 2% of the gross revenue; said they are asking for more than temporary relief to establishments like the Black Pearl who are unfairly and disproportionately burdened by this tax;and she asked Council to consider reducing the tax on social card games from the current 6% rate to be more competitive with the City of Spokane. Ms. Diana Wilhite, Spokane Valley: signed up but was not `zoomed into' the meeting. Ms. Barb Howard, Spokane Valley: mentioned the town of Malden, Washington which was hit by a fire and that approximately 80% of the town is gone, including the Post Office and City Hall; she also commented about firetrucks coming from the south going north around the roundabout on Montgomery and Mansfield; said the road is being damaged by the heavy trucks making ridges on the road on the far east side of the roundabout. Mr. Bob West, Spokane Valley: said he was addressing public comments made by Barb Howard at the August 11 Council meeting,toward him and Councilmembers,and said he wanted to set the record straight about some of those comments. It sounded as though Mr. West was reading from a prepared statement about some allegations made during the August 11 meeting, and at one point, Councilmember Higgins asked for a point of order that Mr. West could keep his comments to city business. Mayor Wick permitted Regular Formal Council Meeting: 09-08-2020 Page 2 of 5 Approved by Council: 09-22-2020 Mr. West to continue his comments, after which City Attorney Driskell said there is an agenda item scheduled for the September 22 Council meeting to discuss additional parameters on public comments. I. 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 Sept 8, 2020,Request for Council Action Form Total: $282,423.59 b.Approval of Payroll for Pay Period Ending August 31, 2020: $539,769.38 c.Approval of August 25,2020 Council Meeting Minutes, Regular Formal Format It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2. Second Reading Ordinance 20-007 Code Text Amendment,Annexation—Mike Basinger,Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve ordinance No. 20-007, Code Text Amendment to Chapter 19.180 SVMC as proposed Mr. Basinger explained that this amendment will repeal and replace the entire SVMC chapter 19.180 in order to provide clarification for annexation. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Second Reading Ordinance 20-008 Comprehensive Plan Amendments—Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve Ordinance 20-008, Comprehensive Plan amendments as proposed. Mr. Basinger gave a brief overview of the amendments and of Council's direction per each amendment. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Second Reading Ordinance 20-009 Comprehensive Plan Zoning Map Amendment—Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve Ordinance 20-009, Official Zoning Amendments.Mr.Basinger explained that this is the companion ordinance to the Comprehensive Plan. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed.' none. Motion carried. 5. Second Reading Ordinance 20-010 Code Text Amendment, Essential Public Facilities—Lori Barlow After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Peetz and seconded to approve Ordinance No. 20-010 to prohibit local EPFs in single family zones, with modifications to Sections 3 and 4 to incorporate the newly adopted R-4 zone into the amendments as follows: Section 3 of the ordinance: 19.60.050(1) add R-4 to the permitted use matrix with the same designations shown in Ordinance 20-009, and showing that EPFs in the R-4 zone have an "E"designation, and Section 4 of the ordinance: 19.90.020(B)—add "R-4" to the list of zones where EPFs shall not be permitted. Ms. Barlow briefly went over the city-initiated code text amendment as noted,and said that once approved, it will reflect the newly established R4 zone.There were no public comments. Vote by acclamation: in favor:unanimous. Opposed: none. Motion carried. 6. First Reading Ordinance 20-011 Amending.SVMC 9.20 Motorized Personal Transportation Device - Erik Lamb After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Peetz and seconded to advance Ordinance 20-011, amending chapter 9.20 SVMC, to a second reading. Deputy City Attorney Lamb introduced Legal Intern Carly Johnson who then went over the proposed ordinance amending the chapter concerning motorized personal transportation devices. She noted there were some concerns voiced by citizens about distinguished between the three classes of bikes and that she spoke with the City's Senior Traffic Engineer,and she went over those proposed changes as shown in yellow highlights. She also noted that in follow-up to a previous Council question, there have been no bike infractions issued over the last Regular Formal Council Meeting: 09-08-2020 Page 3 of 5 Approved by Council: 09-22-2020 three years. Mayor Wick invited public comment and it was noted there was one person who signed up for comment: Ms. Barb Howard, Spokane Valley: mentioned scooters on sidewalks and spoke about some sidewalks at the Eagle Point Apartments that are not being maintained. Mr. Lamb said that is not part of what this ordinance addresses. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY 121: Mayor Wick stated that the same rules apply for this public comment opportunity as for the previous public comment opportunity. It was noted three people signed up to speak: Ms.Diana Wilhite,Spokane Valley: said she was unable to speak previously due to her computer problems; she spoke about encouraging Council to be pro-active and establish rules when it comes to public comments during council meetings, and said that the governing body has the right to establish rules for conducting business. Ms. Barb Howard, Spokane Valley: mentioned that Mr. West's previous comments addressed something that happened a long time ago, and she made other comments about a process of getting a protection order by making false statements. Mr.Bob West,Spokane Valley: said he apologizes for his initial pointed comments but said he feels he had a right to defend himself and that Councilmembers should maintain the dignity and respect of their offices. As he mentioned Councilmember Higgins at this point,Councilmember Higgins called for a point of order and stated that Mr. West should keep his comments to the business of the City. Mayor Wick said he would allow Mr. West to continue for now. Mr. West continued speaking about statements that occurred during the August 11 Council meeting including verbal attacks by other members of the public, and that such attacks must be addressed and a policy adopted immediately; that respect is a two-way street and the personal attacks must end. ADMINISTRATIVE REPORTS: 7. Estimated Revenues and Expenditures,2021 Budget—Chelsie Taylor Finance Director Taylor explained that tonight is the second occasion where Council will discuss the 2021 budget, and by the time Council is scheduled to adopt that budget, Council will have had an opportunity to discuss it on eight separate occasions, including three public hearings to gather citizen input. As noted in her PowerPoint, Director Taylor mentioned the total appropriations of$93.1 million; mentioned the FTE (full time equivalent staff member) is proposed to be 95.25, which is the same as 2020; she mentioned the one vacant position being repurposed to engineering and one vacant engineer position being repurposed to a Housing & Homeless Services Coordinator in the City Manager Department. Ms. Taylor explained that during the budget workshop,Council decided against creating a new Housing&Homeless Services division but asked about the ability to repurpose a vacant position, and that staff determined that a vacant engineer position would be repurposed for that use; she added that this will also be included in a future budget amendment for a partial year in 2020. Ms.Taylor went over the revenues in the general fund and mentioned that the two largest sources are sales tax and property tax, and that the property tax levy is not proposed to include the 1% increase authorized by state law. She also went over the expenditures in the general fund; she mentioned other funds such as the motor vehicle fuel tax, telephone taxes, and hotel/motel taxes; she mentioned challenges include COVID-19 revenue impacts,and declining revenues in the Street O&M fund, and then went over the future schedule for Council budget discussions and adoption. 8.Advance Agenda—Mayor Wick Deputy Mayor Peetz mentioned the Trunk or Treat idea which is currently on the pending list on the advance agenda and if we might want to start looking into how this might be accomplished. Mr. Calhoun said he will have Chief Ellis make a brief report to give a sense of what the Police Department is planning regarding that event. Councilmembers concurred. Councilmember Thompson mentioned the impact of large vehicles on our roads; said she is not advocating for an impact fee but would like to find out what impact these large vehicles have on our roads. As it appeared most of Council agreed to include the topic on an advance agenda, Mr. Calhoun said he will speak with staff in engineering concerning this topic. The idea was Regular Formal Council Meeting: 09-08-2020 Page 4 of 5 Approved by Council: 09-22-2020 mentioned of having a representative from STA give Council an update; Councilmember Haley said as the Central City Line is consuming a lot of time she suggested waiting until after the first of the year, and said she will find out more at her meeting tomorrow, There was also Council consensus to have something as quickly as possible to address public comments, and Mr. Calhoun said he will talk with City Attorney Driskell about possibly adding that to the 15"agenda. 9. Finance Department Monthly Report This report was for information only and was not reported or discussed. 10.Police Department Monthly Report This report was for information only and was not reported or discussed. CITY MANAGER COMMENTS City Manager Calhoun mentioned that he anticipates having more conversations with Council regarding the CARES Act funding,even though we have had about six administrative reports on this already;he noted that last week the Governor announced there will be a second round of funding and it appears our city will get another$1.4 million,although there are no details yet from the Department of Commerce other than the deadline for that will be November 30. Mr. Calhoun mentioned that the deadline for the first round might be extended.Regarding this second round,Mr. Calhoun said he hopes we can proceed with as few Council touches as possible in order to get the funds out as quickly as possible to help our community. Mr. Calhoun also noted that next week we will hear from the 25 applicants for outside agency funding so it will be a full meeting. EXECUTIVE SESSION: 11. Pending Litigation [RCW 42.30. 110(1)(i)1 It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session for no later than thirty minutes to discuss pending litigation. Council adjourned into executive session at 7:29 p.m. At approximately 7:55 p,m., Councilmember Haley returned to open session and announced that the executive session would be extended to 8:15 p.m. At 8:10 p.m. Mayor Wick declared Council out of executive session, at which time it was moved, seconded and unanimously agreed to adjourn. ATT Ben Wick, Mayor Christine Bainbridge, C. Clerk Regular Formal Council Meeting: 09-08-2020 Page 5 of 5 Approved by Council: 09-22-2020