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2013, 03-12 Regular format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,March 12,2013 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Cary DriskelI, City Attorney Dean Grafos, Councilmember Mark Calhoun,Finance Director Chuck Hafner, Councilmember Erik Lamb,Deputy City Attorney Rod Higgins, Councilmember Mike Stone,Parks &Rec Director Ben Wick, Councilmember Eric Guth, Public Works Director Arne Woodard, Councilmember John Holtman, Community Development Dir. Lori Barlow, Senior Planner Steve Worley, Senior Engineer Rick VanLeuven,Police Chief Chris Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole of Living Hope Community Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was naoved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda, INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner said that he attended approximately seventeen meetings since Council last had a formal council meeting. Councilmember Higgins reported that he attended the iPod Training,the State of the City Address, and yesterday went to the Appleway Trail Workshop,which he said was interesting and well attended. Deputy Mayor Schimmels reported that he attended more than eight functions since Council's last formal meeting; and Councilmember Grafos said he also attended the iPod training, and a meeting concerning animal control with SCRAPS. Councilmember Wick said SNAP did a needs assessment and many responses from Spokane Valley residents indicated a need for assistance with utility bills and expanded bus service; and said he also went to the County's State of the County Address; and Councilmember Woodard acknowledged some of the athletic teams in our area. MAYOR'S REPORT: Mayor Towey reported that he also attended many events since Council's January 22"d council meeting, one of which was a Health District Meeting, where Councilmember Hafner was selected as the new Vice Chair. PUBLIC COMMENTS: Mayor Towey invited public comments;no comments were offered. 1. PUBLIC HEARING: Draft Amended 2013 Transportation Improvement Plan(TIP)—Steve Worley Mayor Towey opened the public hearing at 6:11 p.m. Senior Engineer Worley explained that tonight's public hearing is to afford the public an opportunity to comment on the draft amended 2013 Council Regular Meeting 03-12-2013 Page 1 of 4 Approved by Council:03-26-2013 Transportation Improvement Plan; that since last year's adoption of the plan, there have been changes as some projects were delayed, some projects were added, some are not moving forward, and for some we acquired grants, all as shown on his color-coded list in the Draft Amended 2013 TIP. Mayor Towey invited public comments; no comments were offered and Mayor Towey closed the public hearing at 6:14 p.m. 2. 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. a.Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS, TOTAL AMOUNT 02/15/2013 28350-28370 $76,620.40 02/25/2013 28371-28428 $365,035.850 02/21/2013 4228-4232;28429 $66,793.79 02/21/2013 28430-28448 $49,706.69 02/28/2013 28449-28499; 228130021 $1,809,340.93 03/04/2013 5547-5549 $314.00 03/06/2013 4245-4248; 4261; 28500-28504 $239,748.70 GRAND TOTAL $2,607,560.36 b.Approval of Payroll for period February 15,2013: $281,909.13 c.Approval of February 19, 2013 Council Study Session Meeting Minutes d.Approval of State Purchasing Interlocal Agreement e. Approval of March 5, 2013 Council Study Session Meeting Minutes It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 3. Proposed Resolution 13-001: Acceptance of Shoreline Master Program Public Access Plan— Lori Barlow It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 13-001 informally accepting the City Council Draft Public Access Plan which includes the modification recommended by Tadas Kisielius'February 25, 2013 memo regarding Shelley Lake and the Revision to Table 5-3. Senior Planner Barlow explained that approval of this Resolution will informally accept the draft City Council public access element of the Shoreline Master Program (SMP); and she went over the highlights of the Plan as noted in the materials. Ms. Barlow also noted previous discussion concerning Table 5-3, and that the Greenacres neighborhood had rejected proposals to formally improve the Eden Road Access; but she said that statement is incorrect, and has been removed in the Council Draft. She also mentioned that at the March 5 meeting, Mr. Kisielius recommended a minor text change clarifying that public access to Shelley Lake was considered and no additional public access opportunities were identified, as outlined in his Februaiy 25, 2013 memorandum. Mayor Towey invited public comment; and no comments were offered. Councillneinber Higgins mentioned that as a former member of the Planning Commission, he voted on this issue but that he sees no reason not to vote tonight and feels there is no conflict. Staff was commended for a job well done. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4.Motion Consideration: CMAQ/TA Grant Projects—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to authorize application for CMAQ and TA grants for the projects presented above. Senior Engineer Worley briefly went over the materials as discussed last week; mentioned he had an opportunity to discuss funding and scoring criteria with members of the SRTC (Spokane Regional Transportation Council), and said some of the criteria for selecting projects for CMAQ is still uncertain, but that should be determined by tomorrow night. Mr. Council Regular Meeting 03-12-2013 Page 2 of 4 Approved by Council:03-26-2013 Worley also noted we might discover we have too many projects for the funding available, and if Council concurs, he'd like to have the flexibility to remove the lower priority projects as needed. There were no objections from council, Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5.Motion Consideration: Bid Award, Sullivan Rd Street Preservation—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to award the Sullivan Road Street Preservation Project #0174 to Inland Asphalt in the amount of$1,105,872.80 and to authorize the City Manager to finalize and execute the construction contract. Senior Engineer Worley briefly explained the project as noted in his Request for Council Action Form; and said that staff is recommending that all the work in the bid be approved. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 6.Motion Consideration: City Hall Lease Extension—Mark Calhoun It was moved by Deputy Mayor Schimmels and seconded to approve the lease extension agreement with Northwest Christian Schools for the four-year term April 1, 2013 through March 31, 2017. In follow-up from last week's report, Finance Director Calhoun gave a brief history of some of the conditions of the lease, said our current lease expires March 31, 2013;that staff initiated negotiations with Web Properties, which works on behalf of Northwest Christian Schools, and a four-year lease agreement was agreed upon; he also mentioned the sharing of the some of the carpet replacement costs. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed• None. Motion carried. 7.Mayoral Appointments: Committee Appointments for Councilmember Higgins—Mayor Towey It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayor's recommended appointment of Councilmember Higgins to the Growth Management Steering Committee of Elected Officials, as outlined above. Mayor Towey explained that this committee appointment was previously assigned to Councilmember Hafner, who agreed to be taken off this committee so that Councilmember Higgins might participate. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed'None. Motion carried. 8.Mayoral Appointments: Appointment of Planning Commissioner—Mayor Towey Mayor Towey announced that the decision for tonight's appointment was not an easy one, and that he tried to get the best person and someone who would be compatible with the current commissioners. It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayor's recommended appointment of Michael Phillips to the Planning Commission to complete the unexpired term of the recently vacated position, which term expires December 31, 2014. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:ln Favor: Mayor Towey, Deputy Mayor Schimmel's, and Councihnembers Hafirer, Wick, Higgins, and Grafos. Opposed: Councilmember Woodard. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered, ADMINISTRATIVE REPORTS: 9.Update on Initiative 502(marijuana)Implementation—Erik Lamb Via his PowerPoint presentation,Deputy City Attorney Lamb gave a detailed and informative explanation concerning the laws associated with recreational and medical marijuana, including mention that our State law does not modify federal law; he explained time frames for implementing the licensing aspect, which he said will be handled through the Washington State Liquor Control Board, with an anticipated date to begin retail sales of December 2013. Mr. Lamb noted that retail stores will be privately run, but licensed and regulated by the Liquor Control Board; and that no licensed marijuana facilities or advertising will be Council Regular Meeting 03-12-2013 Page 3 of 4 Approved by Council:03-26-2013 permitted within 1,000 feet of any elementary or secondary school, playground, recreation facility, child care center, public park,public transit center, library, or game arcade that allows minors; and he showed a draft map depicting areas where such retail stores would be prohibited. Mr. Lamb noted there will be a 25% excise tax on growing, 25% on processing, and 25% on retail sales and that all taxes would go to a state dedicated marijuana fund to be used for the state general fund and other marijuana-related programs such as drug education. 10. Advance Agenda—Mayor Towey There were no suggested changes for the Advance Agenda, but Mayor Towey reminded and invited everyone and their family to attend this Saturday's free birthday party at CenterPlace, to help celebrate the City's tenth year of incorporation. 11.Public Defender Caseload was an information only item, and was not reported or discussed. CITY MANAGER COMMENTS: City Manager Jackson reported that he spoke with Lobbyist Briahna Taylor this afternoon about the lodging tax bill, concerning providing for operations of festivals and capital expenditures for nonprofit agencies; and that the bill has until tomorrow to pass out of the House or Senate Chamber, and if that has not occurred by 5:00 p.m., the bill will be dead and the law will revert back to the pre-January 2008 regulations. He said we will likely know something by the end of the day tomorrow. Mr. Jackson also noted that the bill raising the limit for substantial development of docks from $10,000 to $20,000 passed out of the House Chamber, and a draft should be available in two to three weeks; and that Briahna Taylor said it might be a good time to send a thank-you letter to our representatives Matt Shea,Mike Padden,and Larry Crouse to thank them for their support of the Sullivan Bridge funding; and said he will draft a letter in a few days. There were no objections from Council. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:20 p.m. .ter g ATTES T omas E.To vey,'Mayor iristine M. Bainbrt ge, City f erk Council Regular Meeting 03-12-2013 Page 4 of 4 Approved by Council:03-26-2013