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2023, 01-24 formal meeting minutes MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, January 24, 2023 Mayor Haley called the meeting to order at 6 p.m. The meeting was held in person by Council and staff in Council Chambers, and also remotely via Zoom meeting. Attendance: Councilmembers Staff Pam Haley, Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb,Deputy City Manager Tim Hattenburg, Councilmember Cary Driskell, City Attorney Laura Padden, Couneilmember John Bottelli, Parks &Recreation Director Brandi Peetz, Councihnember Bill Helbig, Community&Public Works Dir. Ben Wick, Councilmember Gloria Mantz, City Engineer Arne Woodard, Councilmember Tony Beattie, Deputy City Attorney Chelsie Taylor,Finance Director Chaz Bates, Planning Manager Mike Basinger,Economic Dev. Director Marty Palaniuk,Associate Planner Glenn Ritter, Sr. Engineer/Project Manager Henry Allen, Senior Engineer Dave Ellis, Police Chief John Whitehead,Human Resources Director Emily Estes-Cross,Public Information Officer Virginia Clough, Legislative Policy Coordinator Nikki Kole, IT Specialist Christine Bainbridge, City Clerk INVOCATION: Pastor Alissa Amestoy of United Methodist Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. Mayor Haley announced that there would be an executive session at the end of tonight's meeting to discuss potential acquisition of real estate. APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COUNCILMEMBER REPORTS Councilmember Peetz: said she attended the Mental Health Task Force meeting today and that they decided to go with a youth aspect in that they will find youth who have used or need some of the resources and give their perspective of what they are going through;shes also mentioned the incorporation of the phone number 9-8-8 which is the national mental health hotline; said she attended the Graze Craze ribbon cutting,which is a restaurant catering to the grazing style of eating; said she is chair of the Washington Traffic Safety Committee, which meeting had presentations about a grant coming to the County based on walker safety in working to decrease fatalities; said there is also a 12-month backlog at the toxicology lab and she mentioned that many of the pedestrians killed were under the influence of methamphetamines; she mentioned that upcoming legislation is working to eliminate the provision of turning right after stopping Council Meeting Minutes,Formal: 01-24-2023 Page 1 of 5 Approved by Council: 02-07-2023 on a red light; and she mentioned that the BAC (blood alcohol concentration) for driving impaired was proposed to be lowered from .08 to 05. Councilmember Padden: reported that she attended the Spokane Regional Law& Justice Council meeting where all concerned departments have given a list of priorities and things to accomplish, and that the committee is tasked with looking at the list and giving a presentation at the next meeting to determine what is in progress and what can't be done. Councilmember Wick: said the Freight Mobility Board has been on the hill' trying to educate as many legislators as possible about upcoming bills affecting that Board; and that the Board is working to make it less expensive to apply for grants. Councilmember Woodard: said he attended the Growth Management Planning Committing meeting for the County, and he extended thanks to City Planning Manager Chaz Bates for his expertise on the subject; said there has been a push to include, for example,the industrial zone in the 20 year plan; said the process will start soon so we will know what properties will be exempted from build-able lots and what that means for population growth; said he testified on Senator Padden's condo bill dealing with 12 units and under. Councilmember Hattenburg: reported that the STA(Spokane Transit Authority)had their first meeting of the year and the route for Argonne will be deferred for further study; and said that the STA is $8.6 million above budget; and they recently hired 10 new operators. Deputy Mayor Higgins: said he too attended the GMA meeting mentioned by Councilmember Woodard, and also extended thanks to Mr. Bates for his invaluable technical knowledge; said he takes good care of the City. MAYOR'S REPORT; Mayor Haley reported that she attended the Board Operations meeting with the STA board and was appointed chair for the Performance Monitoring and External Relations committee; said the SRTC (Spokane Regional Transportation Council) elected their officers and approved some funding for Deer Park's dial-a-ride and community shuttle and to replace some special needs vans. PROCLAMATIONS: n/a GENERAL PUBLIC COMMENT OPPORTUNITY: After Mayor Haley explained the process, she invited public comments. Mr. John Harding, Spokane Valley: mentioned his concern with a person from our area involved in the Atlanta protest; said it appears there is a need to re-examine our level of public safety; mentioned the manpower in the Police Department and that it is up to Council to decide what number is appropriate for the force, as well as to examine technologies needed. Mr. Chuck Simpson, Spokane Valley: said someone pulled up in his driveway and he called 9-1-1 and was thankful to the police for showing up. Mr. Dan Allison, Spokane Valley: said it appears the Police Department must be close to full staff; that Broadway was never supposed to be a bus route; mentioned buses stopping even when there is no one to get off or on the bus and asked about ridership with STA; and noted the light is out at the intersection of Broadway and Adams. 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 Agenda. a. Approval of Claim Vouchers on Jan 24,2023, Request for Council Action Form: $2,050,756.02 b.Approval of Payroll for Pay Period ending January 15, 20232: $348,481.26 c. Approval of Council Meeting Minutes of January 3,2023 Study Session Format d.Approval of Council Meeting Minutes of January 10, 2023 Formal Meeting Format e. Approval of Memorandum of Understanding with Spokane County Regarding Legal Fees It was moved by Deputy Mayor Higgins,seconded and unanimously agreed to approve the Consent Agenda. Council Meeting Minutes, Formal: 01-24-2023 Page 2 of 5 Approved by Council: 02-07-2023 2. First Reading Ordinance 23-003 Closed City Property—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to advance Ordinance 23-003, adopting chapter 6.5 SVMC relating to City-owned properties closed to public use, to a second reading.After City Attorney Driskell gave a brief explanation of the purpose of the ordinance, Mayor Haley invited public comments. No comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 3.Motion Consideration: City Hall Remediation Award,Progressive Design Build Contract—Bill Helbig It was moved by Deputy Mayor Higgins and seconded to award the City Hall Remediation Progressive Design Build project CIP #0322 to Garco Construction, Inc.for an initial contract amount of$350,000 with a total not to exceed amount of$4 million for additional remediation work, and authorize the City Manager to finalize and execute the construction contract and associated change orders. Director Helbig explained about the issuance of a request for Qualifications for Progressive Design Build concerning City Hall, and of the negotiated agreement with Garco Construction. Mayor Haley invited public comments. Mr. Chuck Simpson, Spokane Valley: said Garco is by far the best contractor and he commended the City for hiring them.Mr.John Harding, Spokane Valley: suggested the City was putting the cart before the horse since the outcome has not yet been determined; asked if anyone will be held accountable in rebating the money they owe for a poor job. Mr. Dan Allison, Spokane Valley: said he previously worked with Garco and highly recommends them. There were no further public comments. Vote by acclamation: in favor; unanimous. Opposed:none. Motion carried. 4. Motion Consideration: City Hall Remediation Construction Management Consultant Contract— Bill Helbig It was moved by Deputy Mayor Higgins and seconded to approve the City Hall Progressive Design Build Remediation project CIP#0322 Construction Management agreement for CBRE/Heery, Inc., in an amount not to exceed$354,754 and authorize the City Manager to finalize and execute the contract. Director Helbig explained that this company is currently contracted to assist with the Design Build and the attached agreement is for time and materials; that they will assist with the initial remediation efforts Garco is expected to perform through the end of 2023. Mayor Haley invited public comments. Mr. Dan Allison, Spokane Valley: asked if the company is local. Mr. Hohman replied they are.There were no further public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Balfour Park Construction Bid Award—Gloria Mantz, Glenn Ritter It was moved by Deputy Mayor Higgins and seconded to award the Balfour Park Expansion project CIP #0316 to Cameron Riley, LLC in the amount of$3,810,723.87 which includes the base bid and Additive Alternate#1(Events Plaza),Additive Alternate#2(Veteran's Memorial),Additive Alternate#3(Foot Truck Arc Lighting) and applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. After Ms.Mantz gave a brief history about this project,Mayor Haley invited public comments. Mr.John Harding, Spokane Valley: said it would be helpful to see the map or design to see what it is the City is purchasing.Mr.Chuck Simpson: regarding the police area,restroom,and maintenance room amounts to about $950,000, he asked if there is a way to do it cheaper. There were no further public comments. Councilmember Woodard commented that it is about time to do this project; and that the park is essential to the central part of the city; and the price would be more if delayed further; and the building purchase is the next agenda item. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried 6. Motion Consideration: Balfour Park Multi-Use Building Purchase—Gloria Mantz It was moved by Deputy Mayor Higgins and seconded to authorize purchase of the Balfour Park Multi-Use Building from Public Restroom Company (PRC) in a total amount not to exceed$850,292 which includes delivery, installation, and the applicable sales tax, and authorize the City Manager to finalize and execute the contract. City Engineer Mantz noted that this is a companion item to the previous agenda item. Mr. Ritter then explained the background as noted on the Request for Council Action form.Mayor Haley invited public comment.Mr.Dan Allison,Spokane Valley: said a drawing would be nice so people will know what Council Meeting Minutes,Formal: 01-24-2023 Page 3 of 5 Approved by Council: 02-07-2023 they are spending money on;that he usually is not in favor of spending money on parks but for this project, feels it is time to get it done. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 7. Motion Consideration: Interlocal Agreement for Cooperative Purchasing—Chelsie Taylor It was moved by Deputy Mayor Higgins and seconded to authorize and approve the interlocal contract for cooperative purchasing through the Houston-Galveston Area Council and authorize the City Manager to finalize and execute the agreement in substantially the form provided. Finance Director Taylor explained that this concerns bringing in a temporary staff member to assist in the Finance Department while permanent staff members focus on training on the new software system;that in order to take advantage of governmental pricing rates, we would like to enter into an interlocal agreement with HGAC, which includes the agency of Robert Half; that once the interlocal is in place, Robert Half will provide a completed Terms and Conditions and when accepted by the City, the temporary employee is anticipated to begin work January 30, 2023 at a rate of$67.10 per hour. Director Taylor said she expects to need the temporary services through at least 2023, and that there are funds available in the budget to cover the expense. Mayor Haley invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous. Opposed none. Motion carried. ADMINISTRATIVE REPORT: 8. Solid Waste Management Plan Update—Bill Helbig Director Helbig explained that tonight is the kick-off of the Solid Waste and Hazardous Waste Management Plans update; and he introduced Ms. Michelle Langdon with Great West Engineering who will be assisting the city in these necessary updates. Ms. Langdon briefly went over the project's purpose, regulations, usability, and several tasks including project management, project initiation, Technical Advisory Committee assistance, existing plan and systems analysis, identify future needs, development activities for implementation, draft plan preparation, and final plan preparation. Mr. Helbig added that as we move through the process,there will be significant presentations to Council,and opportunities for required public comment. 9. Spokane Valley Police Department Update—Chief Ellis Police Chief Ellis went through his presentation giving updates on the 2022 statistics, hiring/recruitment, community policing and engagement, marine rescue enhancements, the new Spokane Valley Police Department homeless outreach truck,and the camera trailer which has now been delivered and deployed at Hometown Suites. There was some brief discussion about the proliferation of the deadly synthetic opioid fentanyl, with Chief Ellis stating that law enforcement is seeing more of the skittle or rainbow fentanyl, which is made to look like candy; said there have been multiple arrests and throughout the County law enforcement is seeing a significant increase in over-dosing. There was also brief discussion about gangs, shoplifting and investigative techniques to address that, such as use of cameras. At 7:38 p.m., Mayor Haley called for a recess until 7:45 p.m. At 7:45 p.m.,the meeting was reconvened. 10.Fire Department Monthly Report—Chief Soto Deputy Chief Zack Bond, on behalf of Fire Chief Soto, gave a report on the Fire Department's monthly activities. 11. Code Text Amendment, SVMC 19.30—Marty Palaniuk Via his PowerPoint, Mr. Palaniuk explained that an issue was brought to the attention of staff concerning the intrusion of more intense land uses into areas of less intense uses, and he noted that the cause of this is because the City code currently does not include criteria for a change to the land use designation map; he noted there are criteria for zoning map amendments to allow land use changes when adjacent to the same or higher zoning classification, but nothing to change the land use designation map. Mr. Palaniuk stated that the proposed solution is to develop criteria to consider for privately initiated site-specific Comprehensive Plan map amendments, including the effect on surrounding land use and traffic circulation; existence of logical boundaries;avoid creating or expanding peninsulas,islands or protrusions into different Council Meeting Minutes,Formal: 01-24-2023 Page 4 of 5 Approved by Council: 02-07-2023 land use; and that such request must meet zoning map amendment criteria. Mr. Palaniuk rioted existing regulations compared with proposed regulations, all as shown on the PowerPoint slides. After brief discussion, Mr. Palaniuk asked for Council consensus to proceed to a first ordinance reading, and Council concurred. 12.Advance Agenda—Mayor Haley Councilmember Peetz asked about the process for an amended agenda and that if possible, she would like to see something on-line immediately once the agenda is amended. Mr. Hohman said staff will try to get those changes out as soon as possible; that perhaps in those cases, the Mayor could ask for clarification of the change; and said staff will discuss this in tomorrow morning's Directors' meeting. 13. Department Reports These reports were for information only and were not reported or discussed. COUNCIL COMMENTS There were no additional Council comments. CITY MANAGER COMMENTS • Concerning comments made tonight about City Hall,Mr.Hohman said the legal case is continuing, and as we find things, claims are amended;that the focus is to place blame with Meridian Construction; he noted. there will be further updates as staff works through the issues;he expects some kind of mediation this spring with a court case this summer. Mr. Hohman also noted that there are many legislative issues so far this session and staff work to stay on top of the issues; he extended thanks to Ms. Virginia Clough, the City's Legislative Policy Coordinator who is working on a system to track some of issues of concern to our City; and said he appreciated the testimony provided on behalf of some of the bills. Mr. Hohman mentioned a new opportunity that has generated from the Washington Recreation Park Association will be holding the upcoming Great Outdoors Legislative Day February I which will be attended by our staff; that one of the request staff will be looking for from the legislature is to allocate$5 million to support deferred maintenance grants for local parks; said staff assumed Council would be supportive of that but wanted to discuss it; adding that the WRPA also has a program which we have taken advantage of,which help fund Greenacres Park, and said that funding for improvements is coming from this program; and there were no objections from Council for us supporting this at the legislative process. Mr.Hohman said that we are in the last week of having our City Attorney with us as a city employee; that Mr. Driskell is moving on to other pastures and that this is to notify the community and to also publicly thank Mr. Driskell for his more than 20+years of steadfast support of the City. Mr. Hohman stated that Mr. Driskell was.involved with the City before it officially became a city and he extended appreciation for his service; and said we will definitely miss him. It was moved by Deputy Mayor Higgins and seconded, that Council adjourn into executive session for 30 minutes to discuss potential acquisition of real estate, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:18 p.m. At 8:45 p.m.,Mayor Haley declared Council out of executive session at which time it was moved by Councihnernber Woodard, seconded and unanimously agreed to adjourn. gf4rN ATT �� � � Pam Haley,Mayor f1G --Christine Bainbridge, City Clerk Council Meeting Minutes,Formal: 01-24-2023 Page 5 of 5 Approved by Council: 02-07-2023