Loading...
2021, 05-25 Formal Meeting MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, May 25, 2021 Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held in City Hall with Council,staff and the public participating remotely via Zoom meeting. Attendance: Councilmembers Staff Ben Wick, Mayor Mark Calhoun, City Manager Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager Tim Hattenburg Councilmember Erik Lamb,Deputy City Attorney Rod Higgins, Councilmember Dave Ellis, Police Chief Linda Thompson, Councilmember John Bottelli, Parks and Recreation Director Arne Woodard, Councilmember Cary Driskell, City Attorney Chelsie Taylor, Finance Director Absent: Mike Basinger,Economic Development Mgr Councilmember Haley Bill Helbig, City Engineer Adam Jackson, Planning Grants Engineer Jenny Nickerson, Building Official Christine Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called the roll. All Councilmembers were present except Councilmember Haley. It was moved by Councilmember Higgins, seconded and unanimously agreed to excuse Councilmember Haley. APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Hattenburg: said he attended the STA (Spokane Transit Authority) sponsored American Public Transportation Association Conference where he learned that we have one of the best transit systems in the country; that our short and long-term projects are always on schedule and he thanked the public for their support of the STA. Councilmember Thompson: spoke of the NLC (National League of Cities) re-imaging public safety task force listening session which focused on looking at what is happening in cities across the country, and said she shared information about some of our state legislative changes; said she also worked with AWC (Association of Washington Cities)Large Cities Committee meeting and they will be looking at legislative impacts on cities. Councilmember Woodard: reported that he met with the HCDAC (Housing and Community Development Advisory Committee) where they voted approval to ratify the bylaws which are then sent to the Board of County Commissioners,and that one of the changes is adding a fourth member from our city;and said some of the other changes were made to the bylaws to add clarification. Councilmember Higgins: no report. Deputy Mayor Peetz: spoke of the AWC Statement of Policy group, which is an ad hoc equity work group working to update the language of the diversity, equity and inclusion policy; said she attended the Spokane Homebuilders Association meeting where the biggest concern was capital gains tax; mentioned the status of several house and senate bills; said the TPA (Tourism Promotion Area) group talked about funding and room nights relative to the NW Winterfest; mentioned the End the Violence meeting, which is a coalition Council Meeting Minutes,Formal: 05-25-2021 Page 1 of 4 Approved by Council: 06-22-2021 to stop domestic violence; said the SRLJC (Spokane Regional Law & Justice Council) talked about the prosecutor's proposal and of that moving forward to the Board of County Commissioners; and said she talked about the co-response teams and their report on the positive aspects of those teams. MAYOR'S REPORT Mayor Wick mentioned the executive search for the SRTC (Spokane Regional Transportation Council)and that the candidates have been narrowed down to three; also mentioned that the SRTC interlocal agreement has been passed by the County and the majority of cities; reported that the Board of Health is dealing with budgeting and program evaluations; said he met with the regional mayors to discuss how cities are coping with Covid and the re-opening; said the Spokane Indians have a different season now and will start next April to host games, and that the County is exploring what that masterplan will look like; said he interviewed people to fill vacancies on the Spokane Housing Association committee and the HCDAC,and hopes to finalize those vacancies soon;said the State of the City is scheduled for July 21 and will include a luncheon at CenterPlace. PROCLAMATION: n/a GENERAL PUBLIC COMMENT OPPORTUNITY 111: There were no public comments. NEW BUSINESS: 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 A,'enda. a. Approval of Claim Vouchers on May 25,2021, Request for Council Action Form: $1,214,927.83 b. Approval of Payroll for Pay Period Ending May 15,2021: $395,717.38 c. Approval of May 4, 2021 Council meeting minutes, study session d. Approval of May 11, 2021 Council meeting minutes, formal format e, Approval of May 18, 2021 Council meeting minutes, study session It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda. 2, Second Reading Ordinance 21-005 Amending Spokane Valley Municipal Code Title 24, Building Code Regulations -Jenny Nickerson After City Clerk read the ordinance title, it was moved by Deputy Mayor Peetz and seconded, to approve Ordinance No. 21-005 as proposed. Building Official Nickerson briefly went over the ordinance, There were no public comments as the Planning Commission had previously held a public hearing. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 3. Motion Consideration: Bid Award, Argonne/Montgomery Intersection Improvement-Bill Helbig It was moved by Deputy Mayor Peetz and seconded to award the Argonne Road/Montgomery Avenue CIP #299 Project to Corridor Contractors in the amount of$2,388,970.90 and authorize the City Manager to finalize and execute the construction contract. City Engineer Helbig explained the project and the bid opening. Mayor Wick invited public comment and there was one person who signed up to comment. Ms. Barb Howard, Spokane Valley: she mentioned that the intersection is getting dangerous and said there must be a way to curtail some of the wrecks along there or to slow down traffic; said she'd rather see a round- about. There were no other public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried 4. Motion Consideration: Pines/BNSF Grade Separation Project Grant Opportunity—Adam Jackson It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager or designee to apply for the RAISE Fiscal Year 21 grant for the Pines Road/BNSF Grade Separation Project. Engineer Jackson briefly explained about this call for projects and that it is very similar to past grant programs such as BUILD and TIGER; said this will be an urban project and we will need to split the costs 80/20; said awards are Council Meeting Minutes,Formal: 05-25-2021 Page 2 of 4 Approved by Council: 06-22-2021 expected September 15 and should range between $5 and $25 million. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY [2]: After Mayor Wick explains the rules, it was noted one person had signed up to give public comment. Ms.Barb Howard, Spokane Valley: said she sees we are trying to re-open City Hall; said she loves the zoom meeting and doesn't want to come in and face any risk; also mentioned there is a car on Main that has been tagged for almost 30 days; said she thought SCOPE volunteers were handling that and she wondered why that car has been there for so long. There were no other public comments. ADMINISTRATIVE REPORTS: 5. Urban Growth Area(UGA)Update Mike Basinger Economic Development Manager Basinger explained that Community Attributes was commissioned to analyze our existing zoning classifications, and through their efforts it was identified that there was limited new industrial development and that having a light and heavy industrial zone was creating barriers for new industrial development as the light industrial zone didn't allow for uses that would support desired high paying manufacturing jobs. Mr. Basinger noted that staff recommended consolidating the light and heavy industrial ones into one industrial zone which would allow for a broader variety of industrial uses; but in order to reduce impacts to adjacent uses, the City instituted transitional provisions. He noted there was a lack of infrastructure, so the City negotiated the extension of sewer and water where those services were currently not available. He further explained that in order to capitalize on our investments in the Northeast Industrial Area, our municipal boundaries must be expanded, which would require a modification to the UGA and he went over the two options to expand the UGA outside of the periodic update cycle; said that we are targeting the 2026 periodic review where UGAs will be examined countywide to determine where future urban growth will occur. He said the process is scheduled to begin in 2023. In going through his PowerPoint,Mr.Basinger showed the difference on a map of what the reduced number of comp plan designations and zoning districts would look like; he talked about transitional provisions to reduce impacts on adjacent uses;mentioned the Planned Action Ordinance that became effective March 27, 2019 that streamlined development; showed 2017 land quantity analysis map depicting vacant, developed and developing areas; briefly discussed urban growth area amendments and UGA triggers, as well as industrial land capacity analysis, and ended by explaining that our next steps include beginning preparing in 2023 for the periodic update.Mr. Calhoun mentioned that between now and 2025,the city cannot initiate an annexation process northeast of our industrial area.Mr. Basinger noted that is because we need the UGA to expand sewer.Mr. Basinger also noted that we will be working with our new GIS person once that person comes on-board, to make sure we are accounting for every property that has been developed. Discussion included residential areas and expansion; affordability; and the idea of needed legislative changes. Mr. Hohman clarified that it is not annexation that drives the UGA expansion as that is a separate issue that needs to be done first, and said that Mr.Basinger is delving into that process;but rather the point of this is, we are stuck under the settlement agreement the County has with the Department of Commerce, and he reminded everyone that in 2015 the County was accused of expanding the boundaries in an unjustified manner and the matter ended with a big settlement; and again stressed that annexation is separate from UGA expansion and that we have to have UGA expansion before a city can annex. 6. Requirements to Hold In-Person Council Meetings—Erik Lamb Deputy City Attorney Lamb explained that on April 6, 2021, Council was given an administrative report outlining the requirements and seeking Council direction on whether to conduct meetings in person or to continue with remote-only meetings, and at that meeting Council determined to continue conducting meetings remotely until requirements from the Governor's office were changed. Mr. Lamb said that there have been significant changes in state rules regarding mask wearing and how those rules might apply if Council desired to resume in-person meetings. Mr. Lamb went over a brief history of where some aspects Council Meeting Minutes,Formal: 05-25-2021 Page 3 of 4 Approved by Council: 06-22-2021 of the Open Public Meetings Act (OPMA) were suspended, such as having in-person meetings, and stipulations now that in-person would be allowed provided there is also a remote option. He noted that on May 13, 2021, the CDC released modified guidance regarding mask requirements for fully vaccinated people, and our Governor has mirrored that guidance, along with the State Health Department clarifying that fully vaccinated people are no longer required to wear masks in most settings; he also gave an update on some of those changes and how in-person meetings would be conducted if Council so desired; and that even if we go in-person, OPMA still requires a concurrent remote capability. Mr. Lamb also noted that should Council decide to resume in-person meetings, there would be certain rules we must follow, such as room capacity, whether or not to require masks for unvaccinated or those medically exempt; said staff would recommend if we went with the honor system for mask wearing,that we go with a no-inquiry option and assume all citizens coming in would be following the law.There was a question of keeping a log of all who enter in order to track people in case of an outbreak; and Mr. Lamb said that is still a little unclear,but that we would try to get people to sign up in advance in order to get an idea of how many people might be attending, but that we cannot require people to sign up in order to attend a meeting. Mr. Lamb also went over some of the other considerations for in-person meetings, such as having someone wipe down the podium and microphone after each speaker; having a program supervisor;keeping the chairs six feet apart; and the idea of having a vaccinated area and an unvaccinated area. Concerning room capacity. Mr. Lamb said it would be a first-come, first-served situation and that there would be an overflow room of the front lobby, also with limited seating. Mr. Lamb mentioned that we would need written procedures on how we would handle all aspects of the meeting, and that L&I(Labor and Industries)could impose fines for failing to comply with requirements. He said staff is looking for Council direction. Mr. Calhoun stated that staff will be coming back to the building June 15, but staff coming back to the building and the building opening for the public are not connected, and that topic will be discussed with the directors tomorrow. After brief Council discussion, Council ultimately decided to wait until June 30 as we all might be moving to phase 4 at that time anyway. Mr. Calhoun expressed his hope that we will get an announcement prior to June 30. 7, Advance Agenda—Mayor Wick There were no suggested changes to the Advance Agenda. 8. Department Reports The Department reports were for information only and were not reported or discussed. CITY MANAGER COMMENTS: City Manager Calhoun mentioned federal earmarks and of our previous letters to our federal legislators and of the current request from Senator Cantwell to send a letter indicating our project priorities; said he sent Council e-mails on this topic along with a copy of the letter to Senator Cantwell. There was no objection from Council to have the Mayor sign and send the letter.Mr. Calhoun also mentioned that City Hall would be closed May 31 for Memorial Day; and that our budget workshop is set for June 15 from 8:30 a.m. to about 2:30 p.m., hence there will be no Council meeting that evening. It was moved by Councilmeinber Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:22 p.m. ATTE / - Ui Ben Wick, Mayor rristine Bainbridge, City Clerk Council Meeting Minutes,Formal: 05-25-2021 Page 4 of 4 Approved by Council: 06-22-2021 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 25,2021 Department Director Approval: �1 Check all that apply: ❑ consent ❑ old business ❑ public hearing ❑ information ® admin.report ❑new business AGENDA ITEM TITLE: Requirements to hold City Council meetings in-person GOVERNING LEGISLATION:Proclamation 20-28,et seq.;Washington State Health Department Order 20-03.2. PREVIOUS COUNCIL ACTION TAKEN: Administrative report on April 6, 2021. BACKGROUND: In person Meetings Prohibited: Last March, in response to the COV1D-19 pandemic, the Governor issued a declaration of emergency and issued several proclamations amending various statutory requirements for government operations. Pursuant to Proclamation 20-28, the Governor temporarily suspended certain requirements of the Open Public Meetings Act and prohibited in-person City Council meetings. Accordingly, the City Council and Planning Commission have been conducting all meetings remotely via Zoom. OPMA Requirements: Under Proclamation 20-28.14, issued December 8, 2020 and extended with Proclamation 20-28.15 issued January 19, 2021, the OPMA was amended so that agencies could conduct their open public meetings with an in-person component so long as the meeting complies with certain requirements. Staff provided City Council with an administrative report on April 6, 2021, outlining the requirements and seeking City Council direction on whether to conduct meetings in person (with the necessary remote component) or to continue with remote-only meetings. At the April 6, 2021 meeting, City Council determined to continue to conduct meetings remotely until criteria related to mandatory mask use was modified. Updated Masking Guidance: On May 13, 2021, the CDC released modified guidance regarding mask requirements for fully vaccinated people. Governor Inslee identified that Washington would follow the CDC guidelines for mask use on May 14, 2021. Pursuant to the State Department of Health Order 20-03.2 issued May 15, 2021, people who are fully vaccinated against COVID-19 are exempt from the general requirement to wear masks. In conjunction with the State Department of Health Order 20-03.2, the Governor has released modified guidance for City Council meetings (classified as"business meetings"). The OPMA and business meeting requirements are provided below. In-Person Component OPMA Requirements: The OPMA requirement for having a remote component in addition to the in-person component has not changed since the April 6, 2021 administrative report. The requirements are as follows: • Comply with the guidelines for"business meetings" (see below). • Provide a physical space,either at the primary meeting location or an overflow space, for members of the public to attend in person and hear all meeting attendees at the same time. o City Council chambers and a portion of the lobby would be used for the physical space. City Council would be present in Council chambers as well. • "Accommodate, to the extent practicable,those wishing to participate in and/or attend the public meeting by allowing persons to attend the meeting by listening and speaking through operable telecommunications devices." (e.g. teleconference number,Zoom). Page 1 of 4 o The City would continue to provide the same Zoom option for members of the public to participate, including offering Zoom testimony capability in addition to any in-person testimony option. o Current hardware limitations would only provide wide shot of the dais, and not display Councilmembers individually. o City Manager and City Attorney view would remain the same as prior Zoom meetings. o Recommend that City Staff make presentations remotely via Zoom,and not in City Council chambers. o In-person public testimony could be offered with additional camera view at Podium or other physical location in City Hall if desired. o Meeting broadcast would continue on Comcast channel 14 and via Zoom webinar. If at any time during the meeting the in-person component cannot comply with the above, including the remote access portions,the meeting must either(1)recess until compliance is restored or(2) if compliance cannot be restored, adjourn. Business Meeting Requirements: Notably, there is no designation or guidance specific to "governmental" operations,so City Council meetings fall under the limits of the"business meetings"under Phase 3. Recent updates to the business meeting requirements reflect the changes to the Washington State Health Department and the Center for Disease Control masking requirements. They provide the following: • Limit room capacity to 50 percent of the fire marshal capacity,or 1,000 people,whichever is fewer. This capacity limit does not include staff. o Current capacity is 247, so the maximum number would be 123, subject to additional spacing limits below. o Occupancy requirements do not apply if all persons present are vaccinated. Occupancy requirements are altered if using a vaccinated section(see below). • Unvaccinated individuals are required to wear masks. Fully vaccinated individuals do not have to wear masks. o Documentation of vaccination status must be available upon request at any time. Proof can be either the vaccination card, a picture of the vaccination card(physical or electronic), or official vaccination health record. o Unvaccinated City Councilmembers, staff, and members of the public may temporarily remove their mask while speaking/presenting at the in-person portion, so long as six-feet distancing is maintained. • Six feet physical distancing must be maintained between attendees, except for in vaccinated sections if such a section is designated. o Six feet physical distancing applies even if someone is fully vaccinated and does not have to wear a mask. The only exemption to physical distancing is in separated vaccinated-only sections. o Staff have conducted a mock set-up. Based on the six-foot distance limit and updated shielding and measurements, there would be approximately 30 chairs available for members of the public in the council chambers with 12 chairs for overflow. If more than 42 citizens attended,the City would have to allow the first 42(subject to advance sign-ups as described below) and would require any additional members of the public to attend remotely via Zoom or telephone. o City Council would be seated at the dais, but would have shielding on each side to ensure appropriate separation from other Councilmembers similar to what is provided at the front permit center spaces. • Adjust and/or remove public seating areas to ensure that physical distancing is maintained. o All chairs in unvaccinated sections or sections where both vaccinated and unvaccinated persons will sit would be removed except for those spaced six-feet apart. • Vaccinated-only sections are permitted so long as they comply with the following conditions: o Section is open to all persons 16 and older who are fully vaccinated, children 12— 15 who show either proof of vaccination or proof of negative test 72 hours prior to attendance,and Page 2 of 4 children aged 5 — 15 who can provide proof of negative COVID-19 test 72 hours prior to attendance. o Documentation of vaccination status must be available upon request at any time. Proof can be either the vaccination card, a picture of the vaccination card(physical or electronic), or official vaccination health record. o Adults who are not fully vaccinated are prohibited within the vaccination section. o Six feet of physical distancing must be maintained between the fully vaccinated section and all other sections. • Have at least one COVID-I 9 Program Supervisor to ensure masking and social distancing practices are enforced and practiced by all event attendees. o At least one staff member would be present to enforce the masking, social distancing, and capacity requirements. One member of the SVPD would also be available to assist with enforcement of disruptive individuals. o City would provide additional signage related to masking, distancing,and capacity limits. o City would provide additional hand sanitizer stations. • When feasible,pre-register attendees and retain contact information for all attendees for at least 28 days. o Due to the capacity limits,the City would provide a sign-up in advance of the meeting for those wishing to ensure a seat was available online and would seek voluntary contact information through the sign-up. Further, at least one staff member would need to be present at the meeting to seek voluntary contact information from any other attendees and to ensure capacity limits were not exceeded. All contact information would be voluntary due to OPMA requirements that provide that the City cannot require personal information as a condition to attend an open meeting. • Stagger attendee entrance and exit to reduce gathering in groups. • Minimize attendees in public areas. • Adjust mechanical ventilation systems to bring in as much outside air as possible. • Increase filters to MERV 13 if the HVAC can accommodate. • Keep doors and windows open where possible and utilize fans to improve ventilation. The City must adopt a written procedure of operations at least as protective as the requirements outlined above. L&I Requirements: L&I and the Governor's office released updated guidance for businesses regarding masking and distancing requirements. They provide that: • Customers must comply with the face covering requirements. • Businesses must post signage in a prominent location visible to patrons at each entry informing customers of the face covering requirements o Currently,the City has signage outlining the old masking requirements. The City will need to update the signage to reflect that the general masking requirement is still in place, but fully vaccinated individuals are exempt from the requirement. • Business may choose to inquire or not to inquire about the vaccination status of an unmasked person. o If the City chooses the "no-inquiry" option, then unmasked members of the public who attend City Council meetings without a mask will assume to be vaccinated. o If the City chooses the"inquiry"option,then City staff will ask unmasked members of the public as they enter if they are vaccinated. • If the person responds by saying they are fully vaccinated,they are allowed in the meeting unmasked. • If the attendee responds they are not vaccinated but otherwise exempt from the masking requirement, then the City may either allow the attendee to participate remotely or to enter without a mask. • If the attendee declines to provide information or states that s/he refuses to wear a face covering,then the City must deny entrance in to the meeting. Note that while Page 3 of 4 the person would be denied entry to the in-person component, they can still attend remotely. The following L&I cleaning requirements from the April 6, 2021 administrative report have not been updated: • Frequently clean high-touch surfaces. o Staff anticipate that the microphone would be cleaned by a staff member between each speaker. • Ensure each meeting room is properly cleaned/sanitized between uses. o Clean all surfaces before and after each meeting. Staff have confirmed that the janitors can provide this additional service for an extra cost. Moving Forward: If Council wants to proceed with an in-person component to public meetings, staff recommends initially not having a vaccinated-only section because of the difficultly in proving vaccination status and determining how many vaccinated people versus unvaccinated people will attend. Instead, staff recommends allowing all vaccinated persons to attend the meeting without a mask, so long as six feet of physical distancing is maintained. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGETII7NANCIAL IMPACTS: Unknown at this time. Additional cleaning would require additional costs to janitorial contract, additional staff availability and cost to provide for someone to ensure mask, social distancing, capacity, and contact information requirements are met. STAFF CONTACT: Mark Calhoun, City Manager; Erik Lamb, Deputy City Attorney; Chad Knodel, IT Manager. ATTACHMENTS: n/a Page 4 of 4