Testimony at Monday’s Spokane City Council meeting included the sounds of William Cruz on guitar and trumpet as some downtown buskers argued against proposed noise restrictions.

But Spokane City Council members said the new rules, which they approved 6-1, protect free speech while making the law easier to enforce when buskers or other sound makers infringe on other peoples’ rights.

The ordinance will replace a law that was approved in 2010 that required an officer to take a decibel reading of the noise in order to issue a violation. It bases most noise limits on how far away the sound can be heard, a standard that many other Washington cities use.

Performers or anyone else making sound on public rights-of-way such as sidewalks will be barred from making noise that is “plainly audible” 100 feet away if other factors are at play, such as if the noise is rattling windows or includes “heavy bass frequencies.” If a performer were playing between 10 p.m. and 7 a.m. they also can't make noise that is “plainly audible” on adjacent private property. The distance limit for noise from private property was set at 50 feet or the property line, which ever is shorter.

Spokane City Councilman Steve Salvatori, who co-sponsored the ordinance with Councilman Mike Allen, said the 100-feet distance may the longest distance that any city in Washington allows for noise. He also stressed that the new law, unlike the old one, requires police officers to give offenders a chance to stop making the noise before issuing a citation.

“This is a kinder, gentler ordinance,” Salvatori said.

After his brief, amplified performance Cruz called the 100-foot limit “a joke.”

He and others argued that the standard is less subjective than using decibel readings and could open the city to lawsuits for infringing on people’s free speech rights.

Gonzaga law professor George Critchlow likened the ability of police to issue noise violations without a decibel reading to issuing speeding tickets without using a radar gun.

Spokane City Council President Ben Stuckart said Tuesday that he's unlikely to propose a new resolution in support of gay marriage until opponents earn enough signatures to force the issue on the ballot.

At Monday's council meeting, Stuckart warned that he might repeatedly bring a resolution forward until the council takes a stance on the resolution, but he moderated that position today.

Stuckart said that since the City Council has previously taken positions on state ballot items, there is precedent for reconsidering the resolution if repeal of gay marriage makes it to a public vote.

If forced to take a vote on the resolution, council members agree it would be approved in a 5-2 vote. But two supporters of gay marriage, Mike Allen and Steve Salvatori, say the council shouldn't vote on it. They argue that it's not a local issue.

When he requested to table the resolution, Councilman Mike Fagan pointed to a council rule that says, “The Council shall not consider or pass any ordinance or resolution the subject matter of which is not directly related to local affairs or municipal business.”

Stuckart said the overflow turnout at the meeting, which attracted about 300 people — 93 of whom testified — is proof that the issue is local and affects the citizenry.

“I can't see why that's outside the city's business,” he said.

Documents:

Envision Spokane on Thursday filed its Community Bill of Rights initiative with the Spokane City Clerk's office.

This is the third time the group has filed a Community Bill of Rights. It succeeded the previous two times in collecting the needed signatures to place the item on the ballot. Its 2009 proposal was easily defeated by voters, but its 2011 scaled-back version nearly passed. The initiative filed on Thursday mirrors the 2011 version (the petition filed on Thursday is linked to this post).

By filing now, the initiative is locked into initiative rules that currently are on the books. On Monday, the Spokane City Council will consider changing the initiative process to eliminate the filing method preferred by Envision Spokane. That method allows groups to place a question before voters without input from the City Attorney's Office.

The question could be put before voters this year or next, but if they want it on the ballot this year, they'll need to collect substantially more signatures.

Documents:

The Spokane City Council will wait until next week to consider opposing a Spokane Tribe of Indians casino project proposed for the West Plains.

Councilman Mike Fagan is sponsoring a resolution opposing the casino. He requested last week that the council suspend normal public notice requirements to allow a vote on Monday instead of giving the public more than a week’s notice before a vote. He said at the meeting Monday, however, that he had changed his mind after hearing from constituents who opposed to moving forward without following the usual public notice procedure. Council President Ben Stuckart said the wasn’t enough support on the council to suspend the rules. At least five of seven members would have had to agree.

The council also opted not to vote on a $4.1 million contract to build a sewage overflow tank that city administrators had requested the council also suspend public notice requirements to approve on Monday.

Both issues will be considered at the council’s March 26 meeting, which will be held at the East Central Community Center, 500 S. Stone St.

Fagan said he has the support from three other council members and expects his resolution to be approved 4-3.

The Spokane City Council on Monday will consider rushing its normal voting procedure to condemn the proposed Spokane Tribe of Indians casino on the West Plains.

Councilman Mike Fagan is sponsoring the resolution to put the city on record as opposing the casino and has asked that the council to suspend its rules so it can vote on the matter on Monday instead of giving the public more than a week’s notice before a vote.

“I feel that there’s a sense of urgency,” Fagan said.

The public usually gets well over a week’s notice about any issue on which the City Council conducts a vote. Notice for the resolution, however, wasn’t released until Thursday when Monday’s agenda was distributed.

Fagan said that the council’s schedule wouldn’t allow a vote on the matter until April 9 unless a vote is taken on Monday because the March 26 meeting is focused on neighborhoods and the April 2 meeting has been cancelled.

In order to suspend the rules, five of the seven council members would have to approve voting on the matter on Monday.

City Council President Ben Stuckart, who supports the tribe’s casino project, said there’s no reason to rush the resolution.

“If it’s an important enough issue, you should give the public time to know about it, be knowledgeable and prepare testimony,” he said.

Most Spokane City Council members said Monday that they don’t like the U.S. Supreme Court’s 2010 decision that prevents lawmakers from limiting some forms of political spending by corporations.

But there wasn’t a majority who supported asking lawmakers to do anything about it.

The council rejected a nonbinding resolution asking Congress and state legislatures to amend the Constitution to reverse the decision in Citizens United vs. Federal Election Commission. In that case, the Supreme Court ruled that the First Amendment barred Congress from creating spending limits on corporations in political campaigns, though the court left intact the ability to limit direct donations to candidates.

Councilwoman Amber Waldref, who sponsored the resolution, Councilman Jon Snyder and Council President Ben Stuckart supported the resolution. Council members Mike Allen, Mike Fagan and Steve Salvatori rejected it. Councilwoman Nancy McLaughlin was absent.

More than a dozen testified in support of the resolution. Only a couple of people, including a representative from Greater Spokane Inc., spoke against it.

Spokane City Council members next week will tackle an issue that goes beyond city limits.

They will consider a nonbinding resolution asking Congress and state legislatures to amend the Constitution to give lawmakers the authority to limit corporate political spending in campaigns.

The U.S. Supreme Court, in Citizens United vs. Federal Election Commission, ruled in 2010 that the First Amendment barred Congress from creating spending limits on corporations in political campaigns, though the court left intact the ability to limit direct donations to candidates.

Critics of the decision say it allows elections to be manipulated by the rich and powerful and point to the “Super PACs' that are pouring millions of dollars into the presidential election.

The resolution is sponsored by Councilwoman Amber Waldref. She said Monday that she expects a close vote.

“I really thought that these were values that we all shared,” Waldref said.

Councilman Mike Fagan opposes the resolution.

“The Constitution is not a living document,” Fagan said after Monday's council meeting. “In my opinion, it would take something earth-shattering in order to warrant a Constitutional amendment.”

The Spokane City Council will hit the road Thursday in a new monthly event meant to spark dialogue on city issues.

City Council President Ben Stuckart promised in his campaign for the office last year to hold regular forums outside Monday City Council meetings so council members could answer constituents’ questions more fully.

The forum, called “Talk About Town” will start at 7 p.m. at Browne Elementary School, 5102 N. Driscoll Blvd.

Stuckart said the new forums will allow for “two-way dialogue” that will be more conducive to topics that aren’t on the regular City Council agenda. For example, he noted that several childcare providers came to Monday’s meeting to discuss concern about state regulations, but council members didn’t have time to provide much feedback.

“We can have more of dialogue rather than just me giving a few statements after seven of them speak,” Stuckart said.

The forum will be held just before the start of the Northwest Neighborhood Council meeting.

The next time it snows, think twice before tossing snow from a driveway into the street.

The Spokane City Council on Monday voted 5-1 to outlaw the dumping of snow into public streets or other public property with the exception of planting strips or snow berms created by city plows. Private plow companies caught breaking the law could face a $513 fine. Businesses could be fined $257 and homeowners $52.

Street officials say the law was needed because some plow companies have disregarded requests to stop moving snow into the street.

City Councilman Mike Fagan cast the lone vote against the law. He argued that it is hypocritical for the city to impose fines on people for moving snow into the street when city plows often push snow berms onto private property and sidewalks.

The council nixed a plan to lower the fine for not shoveling sidewalks from $103 to $53. City officials said the proposal to lower the fine was a mistake and requested to maintain the same penalty.

Councilman Mike Allen was absent at Monday's meeting.

Spokane Police Guild officials announced in a news release Monday that the union “embraces” a police reform resolution that the Spokane City Council is likely to approve tonight.

“The Guild wants to thank the Council members for recognizing that many of the steps presented in the resolution may affect the working conditions of represented employees and would need to be negotiated with the affected unions,” the news release said. “The City Council can expect the Guild to negotiate in good faith.”

The guild agreed to the city's first rules that created the police ombudsman but successfully challenged an update to the job's powers last year. The resolution in front of City Council tonight calls not only for the reinstatement of the ombudsman's independent oversight powers, but for the police chief to be able to use ombudsman reports when considering discipline.

Interim Police Chief Scott Stephens has said he would support the upgraded ombudsman rules.

“I believe the officers actually developed kind of a favorable opinion of that (the stronger police ombudsman ordinance that was repealed). The guild of course is taking a look at this and just saying, 'We don't have objections to that in principle. Again we just want to make sure that if you're going to do this we want to be at the table.' They felt like things were being done to them without their input and I think that's why they threw the roadblock up there.”

A call to Guild President Erinie Wuthrich was not immediately returned.

A historic building slated for the wrecking ball could get a friend in the Spokane City Council.

Late last year, Washington State University-Spokane announced it would sell a 102-year-old warehouse called the Jensen-Byrd building so a development company could tear down the brick building and erect student housing.

Last month, the city-county Historic Landmarks Commission determined the building is eligible to be placed on historic registries. That will create procedural hurdles for tearing it down, but doesn’t prohibit demolition as long as a new building takes its place.

On Monday, the Spokane City Council will consider a non-binding resolution requesting that WSU reconsider the decision.

Councilman Steve Salvatori, co-sponsor of the resolution, said the structure is sound. 

“It could be an iconic, signature part of the campus,” Salvatori said. “It could be the most iconic, signature landmark on that campus.”

The Spokane City Council unanimously agreed Monday that marijuana should be able to be possessed legally by people who have a legitimate medical need for the drug.

The council approved a nonbinding resolution endorsing a letter that Gov. Chris Gregoire and Rhode Island Gov. Lincoln Chafee sent to the federal Drug Enforcement Administration in November requesting that marijuana be reclassified from being a “Schedule 1” drug to become a “Schedule 2” drug.

Schedule 1 drugs, such as heroin, are illegal. Schedule 2 drugs can be legal with a prescription.

Last year, dozens of medical marijuana dispensaries shut down, voluntarily or by force, in Spokane County after federal authorities warned that they were violating federal law.

Spokane’s only tax revenue geared specifically for sidewalks won’t be diverted for street paving by the City Council’s new membership.

The council last year narrowly approved a $20-per vehicle tab tax and mandated that 10 percent be spent on sidewalks while the rest be spent on streets.

A majority of members on the more conservative City Council elected in November already said they didn’t support repealing the tax. On Tuesday, it became clear that the sidewalk set-aside is safe, too.

The council voted unanimously to approve two sidewalk construction projects for this year using tab fee revenue. A third sidewalk project was approved on a 6-0 vote with Councilman Mike Allen abstaining because he lives across the street from where the sidewalk will be installed on 29th Avenue.

The projects were recommended by the Citizens Transportation Advisory Board.

Councilwoman Nancy McLaughlin, who voted against setting aside money for sidewalks and the creation of the tab tax last year, said while sidewalks aren’t her first transportation priority, she recognizes that the city has a problem with large sections of missing sidewalks.

“I lost that vote,” she said. “It’s time to move on. I want to help make as good decisions as possible with these dollars.”

New Spokane City Council President may have lost an automatic seat on the Spokane Airport Board on Monday, but he still has the power to create a seating chart.

And he exercised that right by shuffling the seats on the dais that already were reshuffled by term limits and by voters last year.

Stuckart's predecessor, Joe Shogan, sat in the middle seat. Stuckart has chosen to sit at the council seat farthest to left to viewers (farthest to his right) and will sit next to City Administrator Theresa Sanders during afternoon council briefings. He shifted Assistant City Attorney Mike Piccolo to the seat next to him for the evening meeting.

Stuckart said he chose to sit to the side so he could have “a clearer view” that doesn't require looking both ways.

“I can actually see everybody's facial features and non-verbals, as well,” he said.

Next to him is Amber Waldref. He said he placed her there because he wanted to be seated next to someone with experience and that he was consulted her frequently on council business.

Former Spokane City Council President Joe Shogan was well-known for his vigilance enforcing a ban on people wearing hats when testifying to City Council.

So any long-time observers of the City Council may have wondered if newly elected City Council President Ben Stuckart would be as strict, especially since Stuckart was extremely critical of Shogan's dealing with the public during his campaign.

The first test case was provided, not surprisingly, by Henry Valder, a frequent council attendee who often was ordered to remove a hat by Shogan. He approached the dias tonight with a hat on to speak about rules baring bottles and cans at Spokane Public Facilities District venues.

Stuckart didn't ask him to remove his hat.

But when Valder spoke a second time, on the council's appointment to the Spokane Airport Board, Stuckart ordered the hat removed.

After the meeting Stuckart said Assistant City Attorney Mike Piccolo leaned over and advised him to ask Valder to take off the hat.

He said he will clarify with Piccolo about the rules because it was not his intension to enforce a hat ban.

“I actually don’t have a problem with people wearing hats,” Stuckart said.

Former Mayor Mary Verner and the leadership of the city's fire union tentatively agreed to a new contract in the final days of Verner's term.

But the deal still will need to be ratified by the union's membership and the new City Council.

Former City Administrator Ted Danek confirmed Friday that a deal was struck, but said under an agreement with the union, details can't be released until membership ratifies it and it's ready for City Council consideration.

Union President Mark Vietzke said the deal was reached on Dec. 29. Negotiations started on April 1. He said membership was presented the contract this week. Voting will close next week.

Last month, Mayor David Condon and some incoming City Council members protested Verner’s decision and the City Council's approval of a three-year contract extension for the city’s largest union, Local 270 of the American Federation of State, County and Municipal Employees. Even though members of that union will get no cost-of-living increases in 2013, 2014 and 2015, Condon noted that Local 270’s contract wasn’t set to expire until the end of 2012 and said the deal allowed the union to forgo working with him as the newly elected mayor.

The firefighters' contract, however, expired on Dec. 31 and Condon and newly elected City Council members will get a say on the deal reached by the Verner administration.

“This council and this mayor get to see it and decide it,” Vietzke said. “This is not a 9th-hour decision whatsoever.”

City spokeswoman Marlene Feist said Condon currently is reviewing the proposed contract. 

The Spokane City Council rejected Councilman Richard Rush's proposal to ask voters if they want to eliminate the city's utility tax on trash, sewer and water early this morning on a 5-2 vote.

Rush did get one other vote of support, from Bob Apple.

The vote, the final one on the council for Rush, Apple, Council President Joe Shogan and Councilman Steve Corker, took place just after 1 a.m.

If Spokane voters approve a new tax to repave a new round of crumbling streets, walkers, wheelchair users and bicyclists won't be ignored when streets are rebuilt.

The Spokane City Council late Monday, in the last meeting before four of the members will be replaced, voted 5-2 in favor of a “complete streets” ordinance.

The new rule will require that when streets are reconstructed, pedestrian and bike infrastructure already called for within the comprehensive plan – the city's long-term growth guide — must also be included as part of the construction. That extra infrastructure, however, wouldn't have to be included if the cost to add it equaled 20 percent or more of the total project cost.

A plan to raise parking ticket fines at parking meters from $15 to $25 or $20 if paid within six days won't be decided until a new City Council is sworn into office.

Spokane City Council President Joe Shogan has pushed to raise the fee, arguing that Spokane's fines are low compared to many other cities of similar size. But the council has resisted and has said raising the fine is premature. Tonight, during the last meeting of the year, the council voted to push the decision on a fine increase to next summer.

The council voted for a delay after Councilman Jon Snyder said city employees believe that the costs associated with maintaining the city's parking system is more than revenue brought in from fines. However, he said, the city is making changes next year to save money. He argued that the council shouldn't vote on the plan until it's clear if current fines will cover costs.

The above map shows the outcome of Spokane County Proposition 1, which was rejected overwhelmingly in the November election. (Map by Jim Camden.)

The rejection county voters gave last month to a tax for a new animal shelter led the Spokane City Council on Monday to stick with SpokAnimal C.A.R.E.

The council voted unanimously to approve a two-year contract to pay the nonprofit group about $753,000 a year to continue to handle animal control services within city limits. The contract is an increase of about 3.4 percent from the amount the city will pay the group in 2011. SpokAnimal will continue to return a portion of dog and cat license fees to the city, about $200,000 each year.