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2020, 12-15 Study Session minutesMINUTES City of Spokane Valley City Council Regular Meeting Study Session Format Tuesday, December 15, 2020 Mayor Wick called the meeting to order at approximately 6 pm. The meeting was held in City Hall with Council, staff and the public participating via Zoom. Ben Wick, Mayor Brandi Peetz, Deputy Mayor Pam Haley, Councilmember Tim Hattenburg, Councilmember Rod Higgins, Councilmember Linda Thompson, Councilmember Arne Woodard, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Mike Stone, Parks & Rec Director Erik Lamb, Deputy City Attorney Bill Helbig, City Engineer Carrie Koudelka, Deputy City Clerk ROLL CALL: Deputy City Clerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was proved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the agenda. ACTION ITEMS: 1. Second Reading Ordinance 20-026 Transportation Impact Fees — Bill Helbig After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve Ordinance No. 20-026 adopting, implementing and collecting transportation impact fees for the South Barker Corridor. City Engineer Helbig said this is the second reading of the ordinance which has been before Council three times this year and has gone through the Planning Commission process. There were no registered public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 2. Second Reading Ordinance 20-027 Municipal Tree Ordinance — Mike Stone, Cary Driskell After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to approve Ordinance 20-027 regarding the City's municipal tree program. Parks and Recreation Director Stone said this is the second reading of the ordinance and it has been discussed on two previous occasions and there are no changes from the first reading. Kevin Anderson, Spokane Valley, submitted written public comment in opposition of the ordinance. It was moved by Councihnenrber° Woodard and seconded to amend the Authority section of the ordinance to read that the ordinance cannot be modified or revised to apply to private property within the City of Spokane Valley. City Attorney Driskell advised that such an amendment is not legal and cannot be a part of the code. He said it would infringe on the right of future Councilmembers to make any changes and it would be against the City code. He said the ordinance does not give City authority on trees that are on private property. Mayor Wick asked if Council can change any ordinance at any time regardless and Mr. Driskell confirmed that is correct. He added that if we believe it is not a legal addition to the ordinance, it should not be adopted. Vote by acclamation on the amendment: in favor: Councihnembers Higgins and Woodard. Opposed: Councihnembers Haley, Hattenberg, Thompson, Deputy Mayor Peetz and Mayor Wick. Motion failed. Vote by acclamation on the original motion: in favor: Councihnembers Haley, Hattenberg, Thompson, Deputy Mayor Peetz and Mayor Wick. Opposed: Councihnembers Higgins and IWVoodard. Motion carried. 3. Motion Consideration: Street & Stormwater Maintenance and Repair Contract — John Hohman It was moved by Deputy Mayor Peetz and seconded to approve the 2021 contract renewal with Poe Asphalt Paving Inc. in an amount not to exceed $1,515,439.95 for street and stornnvater maintenance and repair Council Meeting Minutes: 12-15-2020 Page 1 of 3 Approved by Council: 12-22-2020 service, and authorize the City Manager to finalize and execute the contract. Deputy City Manager Hohman said Poe Asphalt Paving has had this contract since Spokane County separated services from the City in 2008 or 2009. He said this is not a typical bid contract; it is unit based on material, labor and equipment rates and the scope of work is determined throughout the year as needed. He said there is a small increase in the contract due to prevailing wage increases, but he said the materials and equipment rates stayed constant. There were no registered public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 4. Motion Consideration: Street Sweeping Contract — John Hohman It was moved by Deputy Mayor Peetz and seconded to approve the 2021 contract renewal to AAA Sweeping in an amount not to exceed $567,840.00 for street sweeping, and authorize the City Manager to finalize and execute the contract. Deputy City Manager Hohman said the street sweeping contract is a unit priced, time and materials contract and we have been with AAA Sweeping for quite some time. He said when we went to bid in 2019, AAA Sweeping was the only responder; he said the contract is vety labor intensive and AAA Sweeping have done a fantastic job. The contract includes a 1.4 percent hourly rate increase for prevailing wages and he recommends approving the contract. There were no registered public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Horse Arena Master Plan — Mike Stone It was moved by Deputy Mayor Peetz and seconded to approve the Valley Mission Horse Arena Master Plan as presented. Parks and Recreation Director Stone said this is a motion seeking approval of the Horse Arena Master Plan that was presented to Council November 17th and there have been no changes since that presentation. He said that highlights of the plan include an asphalt pump track, a skate park, a new restroom, a shaded plaza, play area, a shelter and paved parking, landscaping and a perimeter path, and he reminded Council that approving the master plan does not create a financial obligation for the City. There were no registered public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried 6. Motion Consideration: Browns Park Playground & Shelter Bid Award — Bill Helbig, Mike Stone It was moved by Deputy Mayor Peetz and seconded to award the Browns Park Playground and Shelter Project CIP #0315 to LaRiviere, Inc. for the base bid and all alternates, with the exception of Alternate #4, in the amount of $344, 883 plus applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. Parks and Recreation Director Stone said that this project represents the final phase of the master plan for Browns Park that started in 2014 and he said it will be completed in 2021. He said the playground improvements include a tot lot, two sets of swings, a wee -go -round, a picnic shelter and restroom. He said after the volleyball courts were installed, they decided on a beach theme for the playground and it will be fully accessible. He said the tot lot will be baseball themed in acknowledgement of Lowell Brown who donated the land for the park. City Engineer Helbig said this project was initially advertised in August and the low bid was over budget; therefore, he said all bids were rejected and the project was repackaged whereby the City will purchase the equipment to be installed by the contractor, saving the City $80,000. He said it was re -advertised in October and LaRiviere was the low bidder. City Manager Calhoun said this will be paid out of Capital Reserve Fund #309 specifically for parks, and he said the 2021 budget as adopted doesn't include the entire appropriation necessary for this so an amendment to the 2021 budget will come before Council to authorize the spending of reserves in Fund #309. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. NON -ACTION ITEMS: 7. SRTC Tribal Membership — Cary Driskell City Attorney Driskell said when this issue first came up he thought he would be bringing it back to Council next week for a motion consideration but he said it continues to change. He said in 2020 there was a change to state law requiring that a regional transportation planning organization extend membership to qualifying tribes; there are two tribes in Spokane County, the Kalispell Tribe of Indians and the Spokane Tribe of Indians. He said the law requires that SRTC extend voting membership to the Tribes by August 1, 2021 or at such a time as the composition of the SRTC Board is changed. He said that the Spokane International Council Meeting Minutes: 12-15-2020 Page 2 of 3 Approved by Council: 12-22-2020 Airport Board withdrew its membership effective December 31, 2020, and there has been discussion among the members as to what that means as far as extending membership offers to the Tribes. In having additional discussions with the parties, rather than extending any offers before knowing what the interlocal agreement will look like with the inclusion of the Tribes, all SRTC members should have a discussion about adopting a new interlocal agreement that accounts for new members. He said the state law is not clearly written and the current interlocal agreement has conflicting terms within it creating discussion points among the lawyers. He said the lawyers will identify issues in the interlocal agreement that need to be changed and meet with the SRTC membership for more suggestions and draft a new interlocal agreement that identifies the Tribes and voting rights by June 1, 2021, which gives the members and organizations two months to extend a timely offer to the Tribes. If the offer is not extended in a timely fashion, the SRTC could lose operational funding from WSDOT. 8. Advance Agenda — Mayor Wick In response to Deputy Mayor Peetz's comments regarding the AWC proposal that will allow agencies to repurpose lodging tax funds for housing and rental assistance through 2022, Mr. Calhoun said he will ask lobbyist Murray to keep an eye on the bill and he will keep Council informed. Mayor Wick mentioned the scholarship program through AWC and he said he would like Council to nominate a Spokane Valley student for one of the six $1,500 scholarship awards. Mr. Calhoun said he will work with Mayor Wick on the application process. 9. Information Only: The Holidays & Heroes Event was not reported on or discussed. 10. Council Comments: Deputy Mayor Peetz said that Emily Bozzi, who was a co-founder of the Spokane Coeur d'Alene Living Magazine, passed away from COVID-19 and her husband is still battling the virus in the hospital. Mayor Wick said his uncle, Ty Wick, who spent over forty years in the water industry, also passed away from COVID-19 this past week. 11. City Manager Comments — Mark Calhoun City Manager Calhoun said that relating to our Fairgrounds project request for $4 million on the $10 million project, lobbyist Murray said legislators from around the state will meet the first week of January to discuss projects and funding. He said that during the Christmas holidays, Council will meet December 22"a and then City hall will be closed December 24'I' and 25'1' and the December 29'1' Council meeting will be cancelled unless something comes up, wherein we would call a special meeting. He said Council meetings will resume on January 5, 2021. It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:08 p.m. LJJ ATTEST: Ben Wick, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes: 12-15-2020 Page 3 of 3 Approved by Council: 12-22-2020 J .ev�1n�,€ Ecl Carrie Koudelka From: K & S Anderson <kands@cet.com> Sent: Sunday, December 13, 2020 6:26 PM To: Council Meeting Public Comment Subject: 12-15-20 Agenda Item #2 Second Reading Municipal Tree Ordinance Mayor and Council: I have previously expressed my lack of support for this Ordinance so will not repeat myself. It is obvious from the First Reading there is a desire to become a member of Tree City USA like other cities. Oddly, it was stated more than once during the First Reading that as a City we are already doing this and spending the money. Guess the only change is we will be able to charge the City with a Class 2 Violation. Question was asked and answers given that this ordinance pertains only to trees on Public Property, not Private Property. I recommend, in order to insure to the Taxpayer that this procedure will not in the future look like the City of Spokane, you add to this ordinance the following statement "This Ordinance Can Not Be Modified or Revised to Apply To Private Property Within The City of Spokane". We will all rest better for it. Sincerely, Kevin Anderson Spokane Valley, WA CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. i