2016, 02-02 Study Session MINUTES
SPOKANE VALLEY COUNCIL
MEETING STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
February 2,2016
Attendance:
Councilmembers Staff
Rod Higgins, Mayor Mike Jackson, City Manager
Arne Woodard, Deputy Mayor Cary Driskell, City Attorney
Dean Grafos, Councilmember Erik Lamb,Deputy City Attorney
Chuck Hafner, Councilmember John Hohman, Comm. &Economic Dev. Dir.
Ed Pace, Councilmember Chelsie Taylor, Finance Director
Sam Wood, Councilmember Mark Calhoun, Deputy City Manager
Bill Gothmann, Councilmember Pro Tem Mike Stone, Parks &Rec Director
Steve Worley, Capital Improvmt Program Mgr.
Gabe Gallinger, Senior Development Engineer
Adam Jackson,Assistant Engineer
Christine Bainbridge, City Clerk
Mayor Higgins called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
ACTION ITEMS:
1. Proposed Resolutions Gender-Segregated Facilities—Councilmember Wood/City Attorney Driskell
a. Discussion of Draft Resolutions:
After Mayor Higgins read a brief statement about observing rules of courtesy and respect in the conduct of
meetings,he mentioned last week's discussion on the topic of gender-segregated facilities and the resolution
drafted by Councilmember Wood, which discussion he said resulted in a request that the City Attorney
draft a more concise version. Mayor Higgins opened the floor for discussion.
b. Motion to approve Resolution 16-003:
It was moved by Councilmember Wood and seconded to accept the resolution written by the City Attorney.
Councilmember Gothmann explained how this issue came about,and distributed copies to Council quoting
various RCWs (Revised Code of Washington), WACs (Washington Administrative Code), and a portion
of US Constitution Amendment XIV. Councilmember Pace said the first resolution is the one he and
Councilmember Pace drafted, and it was made extra long just to have all the pertinent RCWs and WACs
in one place and make the point that our citizens don't agree with WAC 162-32-060; said the City
Attorney's one-page resolution is perfect and suggested that it be read at some point tonight.
Councilmember Wood said that he heard from a lot of people who were"up in arms"over it;said he knows
Council can't make law and said he was trying to make a statement and be supportive of the representatives
we send to Olympia working hard to try to change this; he read proposed Senate Bill 6443: "The human
rights commission shall repeal the rule currently codified at WAC 162-32-060 in its entirety. The human
rights commission may not thereafter initiate any rule-making procedure that involves the subject of gender
segregated facilities." Councilmember Hafner said he appreciates Mayor Higgins bringing up the
governance rules, which he said need to be followed so we don't have chaos; said he has researched this
issue over the past week and is trying to take out the emotional aspect and look at this objectively; said he
has not heard from most people about how they feel about this; said this Council is not involved in civil
rights as that belongs to the state legislature and we have to have enough faith in them to do the right thing;
said this Council's power lies in doing what is best for this community; he encouraged people to make a
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Approved by Council:02-23-2016
difference to those in Olympia and make concerns known; said this Council is getting involved on the
wrong path and debating resolutions on decisions outside Council's control. Councilmember Grafos read
his statement that he is not in favor of the resolution as it is not the business of the city; said there are many
issues this Council has worked on to promote growth and business in our community,and throughout it all,
Council has tried not to get into issues beyond Council's scope of responsibility; said we are asked to tackle
the issues we can but instead of working on these challenges, are taking on the partisan issues of Olympia
and the Nation; he cautioned against confusing criminality and voyeurism with privacy and human rights;
said he didn't sign last week's letter; that it was a waste of taxpayer dollars to bring "polarizing issues to
the Council that are not decided by us, pandering to fear."
After Deputy Mayor Woodard read the resolution, Mayor Higgins invited public comment. Tony Lazanis,
Paul Bonner, Sam Harding, Kayloni Bonner,Yvonne Frederick,George Conrad,and Jay Beemis all spoke
in favor of the resolution and against WAC 162-30-060; Farnard Gunels spoke in opposition to the
resolution.
Councilmember Gothmann said he favors what Council is proposing; that he recognizes Council can't
change the system or the laws, and that he is concerned with Council spending an inordinate amount of
time on issues where they don't have powers and he doesn't want to get away from Council's primary
responsibilities, but he wants to listen to the people and tell legislators there is a concern. Councilmember
Hafner said he will vote no because it is a state legislature problem;that he doesn't want to get involved in
civil rights issues as that is out of this Council's realm.Councilmember Pace said that according to the State
Constitution in Article 1, the sole purpose of government is to protect the God-given rights of the people;
said he supports the resolution and helped Councilmember Wood write the first draft. Mayor Higgins said
he supports the legislation repealing the WAC. Vote by acclamation: In Favor: Mayor Higgins, Deputy
Mayor Woodard, and Councilmembers Gothmann, Pace and Wood. Opposed:Councilmembers Grafos and
Hafner. Motion carried.
NON-ACTION ITEMS:
2. Sportsplex—Kevin Twohig, Public Facilities District(PFD)
Public Facilities District Chief Executive Officer Kevin Twohig said he invited Spokane Sports
Commission President Eric Sawyer to help with tonight's presentation on the proposed sportsplex; said
they are working to get the facility completed and are interested in Council's opinion. Messrs.Twohig and
Sawyer discussed the features of the multi-purpose fieldhouse and icehouse, and showed photos of similar
facilities depicting such things as a hydraulic banked track, and areas for volleyball and basketball courts,
and wrestling mats; they displayed a chart showing the total facility cost of$41.1 million compared with
an estimated$101.5 million economic impact over five years;mentioned the benefits of additional visitors,
hotel stays and overall tourism spending with an estimated $1 to $1.7 million in increased general tax
revenues, as well as providing our local athletes an exceptional facility. They discussed the potential of
over 200 championship events, such as USA Badminton, Basketball, Wrestling, Figure Skating and Track
and Field. Mr. Twohig said that they have negotiated a property agreement with Spokane City Parks and
they want to be able to use the facility during periods of less demand, and if there was revenue it would be
shared; said this facility would not cover its operating costs so they put an agreement together with their
(PFD)Lodging Tax Allocation Committee, and that group has agreed to cover the operating losses,which
will be approximately$250,000 annually. Mr.Twohig said the Sports Commission would do the marketing
and program, and the PFD would maintain and operate the facility; adding that having the facility close
enough to the Arena means sharing many of the same maintenance technicians. He also mentioned that the
State is trying to maximize the number of public facilities and create more PFDs through a state sales tax
rebate legislation,which would not occur without voter approval.
They discussed the three financing options as noted in their PowerPoint, adding that option #2 is more
complicated since it involves so many entities.Mr.Twohig said the working group is focusing on option 1
and 3, and that option 1 —the levy lid lift— would be a short term of nine years with the balance of the
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Approved by Council:02-23-2016
financing coming from the state sales tax rebate; and said while he hasn't heard anything negative about
the bill, he doesn't know if the legislature will pass it; and mentioned that he hopes to get some feedback
on the bill (HB 2296)today. Spokane County Commissioner O'Quinn was asked to join the presenters and
she explained that the facility is still in the planning stage,and they are asking for feedback;that they want
Council to take part in all the conversations moving forward and wanted to actively engage Council to keep
them abreast of the project; and she said that the financing options are concepts at this point.
Continued discussion included the sports facility as well as the ideas generated for the property near the
HUB and for Plantes Ferry; that any such a ballot measure would be county-wide; mention of what other
PFDs across the country do regarding localized events;Councilmember Pace mentioned the idea of having
the facility in Spokane Valley where there is ample free parking; and there was apparent agreement among
Councilmembers that they want to read the study before making any decisions. Commissioner O'Quinn
said it all comes down to the voters as it must go on the ballot; and she expressed hope that Council would
remain engaged in future conversations.
Mayor Higgins called for a recess at 7:44 p.m.; he reconvened the meeting at 7:54 p.m.
3. Amended 2016 Transportation Improvement Program(TIP)—Steve Worley
Mr. Worley went over the background of the TIP process and of the need for amending the 2016 TIP, all
as noted on his February 2, 2016 Request for Council Action form. There were no objections to moving
this forward next week for a public hearing and resolution consideration.
4. Sidewalks and Development—Gabe Gallinger,Adam Jackson
Development Services Manager Gabe Gallinger and Assistant Engineer Adam Jackson gave a report on
sidewalk construction requirements within the city, including the physical construction requirements,types
of projects that typically include sidewalk construction, funding mechanisms for public projects, and
threshold for projects to include sidewalks. They also compared our frontage improvement regulations
with those of Spokane County and the cities of Spokane and Liberty Lake. There was also some discussion
about rolled or squared curbs, and"bump outs."
5. City Hall Update—John Hohman
As an update on the design process,Mr.Hohman said he has been working on the design with the architect,
and last week they met with the different departments and went through the floor plans and different
attributes of the building, and made some final corrections; said the architect will have another half-day
session with the design team next week and will soon have a complete set of plans 95% complete; said
they'll put all the pieces together and create the bid documents which should be ready by February 22;then
they will have to determine the exact bid dates and periods; said they are projecting to have this out early
March, and give the bidders three or four weeks to prepare bid documents for a bid in early April; then
bring the results to Council. Mr. Hohman mentioned the approach locations and major entry points; said
through a reciprocal access agreement Dartmouth will be widened a little to make sure it matches our
adopted standards; mentioned the trees and said two existing trees will be saved but a third tree has roots
growing up through the asphalt so likely will not make it through the construction process.Councilmember
Hafner asked about a tree for next year's Christmas celebration and Mr. Hohman replied that it will be
possible, and that he will have more discussion with members of the Rotary Club for the logistics of the
Christmas tree. Mr. Hohman noted the materials on display in front of Council so as to give Council an
idea of the colors and physical material.
6. Spokane Transit Authority(STA)Appointment of Board Alternates—Councilmember Hafner
Councilmember Hafner explained about the idea of having appointed STA Board Member alternates for
those occasions when he and/or Councilmember Pace might be unable to attend an STA meeting; said
initially he thought about one or two of the other mayors in the area, but then they might have a different
take on any issue, so he thought alternates from this Council might be more appropriate. Deputy Mayor
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Approved by Council:02-23-2016
Woodard and Councilmember Gothmann and Wood volunteered. Mayor Higgins said the appointment of
the alternates would be made at next week's meeting,and he agreed to have such resolution on the Consent
Agenda.
7.Advance Agenda—Mayor Higgins
Councilmember Grafos asked about the electrical franchise agreement and Mr. Jackson said there was
discussion about imposing a fee with the utility bill to raise money for undergrounding; said he had a
conversation with the previous finance committee and they left a little uncertain; said the next committee
meeting can re-visit the issue; that we have some numbers now of what a 1% or 2% fee would generate.
Councilmember Grafos also asked about LED lights on streetlights and Mr. Jackson said staff will put a
report together on the subject.
8. Council Comments—Mayor Higgins
Councilmember Gothmann asked about Councilmembers going to Olympia, and it was explained that was
part of the AWC (Association of Washington Cities)meeting.
9. City Manager Comments—Mike Jackson
Mr.Jackson said he spoke with Lobbyist Briahna Murray who testified this morning with concerns on HB
2693 that would have allowed the state to issue a vaping lounge with a retail license, and said there was a
lot of opposition; concerning our City's nuisance abatement 2519,that was voted on in the morning by the
House Local Government Committee and if it goes from there it will move to the finance committee
meeting Friday, and said Ms. Murray will be there to testify. Mr. Jackson said he is also thinking about
sending City Attorney Driskell to testify as well, adding that last year it was the house finance committee
where it hit a snag. Mr. Jackson said the next step for the gender segregation bill 6443 is to be heard by the
full senate, although he hasn't heard of a date or time yet. Mr.Jackson also said that he asked Ms.Murray
to monitor the public facilities district bill.
Concerning the sportsplex,Mr.Jackson said we are working on the tourism study for Spokane Valley;that
he attended a workshop and a draft plan should be available in March or April; said the first phase will
identify specific projects to move forward for more study and we should have those done by August or
September. Councilmember Hafner mentioned that the County is planning for this as a ballot issue in 2016
but that he feels Council needs to wait to consider moving forward until the study has been completed.
Other Councilmembers nodded in agreement. Mr. Jackson said he visited with Spokane County Library
District Director Nancy Ledeboer who told him the Board is a few months away from serious consideration
of going back out for another ballot;that they are engaging the services of an architect to look at the existing
building and see what expansion and remodeling would look like and to compare that with the possibility
of a new facility; he said they indicated it will take some time.Mr.Jackson mentioned the concern with the
Sullivan Bridge work and that the river is coming up close to the temporary work area; he said they closed
access under the bridge and are notifying all the river users; said he might be coming back with a resolution
enabling that closure if needed.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:52 p.m.
I
ATTE, L.R. Higgi s, ,:, •
Christine Bainbridge,City Clerk
Council Study Session:02-02-2016 Page 4 of 4
Approved by Council:02-23-2016
February 2, 2016
REVISED STATEMENT BY DEAN GRAFOS on Sam Wood's Bathroom Resolution:
In my almost seven years on this council, we have worked very hard to bring this community through
one of the worst recessions since the Depression, improved our roads, reformed land use to attract
business and new families, promoted growth and business to help pay the bills and not raised taxes this
entire time.
Along the way,we have tried to not get side-tracked into what I call the "weeds,"the "feel-good"
political and social issues that pander to some constituents and yet are really beyond our scope of
responsibility. We, as the legislative arm of the City are tasked to tackle the issues we can such as oil
trains, roads, parks, public safety.
Therefore, I am troubled because I know the challenges we face and instead of working on these
challenges,we are now focusing on what I call "BATHROOMGATE." We're taking on the partisan issues
of Olympia and the national scene. And,we are ignoring the fact that"bathroomgate" is pretty much a
generational issue. We could learn much from our younger generations. The schools have dealt with
this issue for years. And let's not confuse criminality and voyeurism with privacy and human rights.
Criminal behavior is criminal behavior! Lastly, let's not disguise this as"protecting" women. If we
really want to "protect" women, instead of patronizing them, we should all work harder to eliminate
domestic abuse and support families with good jobs. That is MY focus, bringing practical and common-
sense ideas and solutions to keep our children here with a future.
I did not sign last week's letter. People were cut out of the testimony, not allowed to speak. Some,
mostly of like-minded views, spoke twice. No Council discussion was allowed. It is a waste of taxpayer
dollars to bring polarizing issues to the Council that are not decidable by us, pandering to fear. This
polarizing issue is discrimination and does not address criminality. Furthermore, I find that sending this
letter state-wide was an arrogant and self-serving act. Thank you.
Feb 2, 2016
To: Spokane Valley City Council
Re: Bathrooms
Sirs,
It seems more than a little odd, that as we make ourselves into a more modern
society, we think we need to alter or discard some or most of all the old standing
rules & principles that worked quite well for about the last century, & possibly a
lot longer than that.
For the last many years, we are already having too many incidents where
someone does serious hurt to another person in a public restroom that they had
no business being in in the first place. Are we dumb enough to ignore the
probability that this problem will increase a great deal if we just open all
restrooms to both sexes?
What made good common sense & worked well in the past was that Boys go in
the Boy's restroom, and Girls go in the Girls restroom. There is not any good
reason to be trying to change that rule.
Sincerely, Sam Harding
Dishman/Mica Rd
US Constitution
Amendment XIV(part):
No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States;
nor shall any State deprive any person of life, liberty, or property,without due process of law; nor deny to any person
within its jurisdiction the equal protection of the laws.
RCW 49.60.050
Commission created.
There is created the "Washington state human rights commission,"which shall be composed of five members to be
appointed by the governor with the advice and consent of the senate,one of whom shall be designated as chairperson
by the governor.
RCW 49.60.051
Board name changed to Washington State Human Rights Commission.
From and after August 9, 1971 the"Washington State Board Against Discrimination" shall be known and designated as
the "Washington State Human Rights Commission".
RCW 49.60.120
Certain powers and duties of commission.
The commission shall have the functions, powers, and duties:
(3)To adopt,amend, and rescind suitable rules to carry out the provisions of this chapter, and the policies and practices
of the commission in connection therewith.
RCW 49.60.320
Governor may act on orders against state or political subdivisions.
In any case in which the commission shall issue an order against any political or civil subdivision of the state, or any
agency,or instrumentality of the state or of the foregoing, or any officer or employee thereof,the commission shall
transmit a copy of such order to the governor of the state.The governor shall take such action to secure compliance
with such order as the governor deems necessary.
WAC 162-32-060
Gender-segregated facilities.
(1) Facility use.All covered entities shall allow individuals the use of gender-segregated facilities,such as restrooms,
locker rooms,dressing rooms,and homeless or emergency shelters,that are consistent with that individual's gender
expression or gender identity.
In such facilities where undressing in the presence of others occurs,covered entities shall allow access to and use of a
facility consistent with that individual's gender expression or gender identity.
(2) Cannot require use inconsistent with gender expression or gender identity. A covered entity shall not request or
require an individual to use a gender-segregated facility that is inconsistent with that individual's gender expression or
gender identity,or request or require an individual to use a separate or gender-neutral facility.
(a) If another person expresses concern or discomfort about a person who uses a facility that is consistent with the
person's gender expression or gender identity,the person expressing discomfort should be directed to a separate or
gender-neutral facility, if available.
(b) Any action taken against a person who is using a restroom or other gender-segregated facility, such as removing a
person, should be taken due to that person's actions or behavior while in the facility,and must be unrelated to gender
expression or gender identity.The same standards of conduct and behavior must be consistently applied to all facility
users, regardless of gender expression or gender identity.
(3) Provision of options encouraged.Whenever feasible, covered entities are encouraged to provide options for privacy,
such as single-use gender-neutral bathrooms or private changing areas,that are available to any individual desiring
privacy.
[Statutory Authority: RCW 49.60.120(3).WSR 15-24-071, § 162-32-060,filed 11/25/15,effective 12/26/15.]
RCW 35A.11.020 Powers vested in legislative bodies of noncharter and charter
code cities.
The legislative body of each code city shall have power to organize and regulate its internal
affairs within the provisions of this title and its charter, if any; and to define the functions,
powers, and duties of its officers and employees;within the limitations imposed by vested
rights,to fix the compensation and working conditions of such officers and employees and
establish and maintain civil service, or merit systems, retirement and pension systems not in
conflict with the provisions of this title or of existing charter provisions until changed by the
people: PROVIDED,That nothing in this section or in this title shall permit any city, whether a
code city or otherwise, to enact any provisions establishing or respecting a merit system or
system of civil service for firefighters and police officers which does not substantially
accomplish the same purpose as provided by general law in chapter 41.08 RCW for firefighters
and chapter 41.12 RCW for police officers now or as hereafter amended, or enact any provision
establishing or respecting a pension or retirement system for firefighters or police officers
which provides different pensions or retirement benefits than are provided by general law for
such classes.
Such body may adopt and enforce ordinances of all kinds relating to and regulating its local or
municipal affairs and appropriate to the good government of the city, and may impose
penalties of fine not exceeding five thousand dollars or imprisonment for any term not
exceeding one year, or both,for the violation of such ordinances, constituting a misdemeanor
or gross misdemeanor as provided therein. However,the punishment for any criminal
ordinance shall be the same as the punishment provided in state law for the same crime. Such a
body alternatively may provide that violation of such ordinances constitutes a civil violation
subject to monetary penalty, but no act which is a state crime may be made a civil violation.
The legislative body of each code city shall have all powers possible for a city or town to have
under the Constitution of this state, and not specifically denied to code cities by law. By way of
illustration and not in limitation, such powers may be exercised in regard to the acquisition,
sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing,
disposition, vacation, abandonment or beautification of public ways, real property of all kinds,
waterways, structures, or any other improvement or use of real or personal property, in regard
to all aspects of collective bargaining as provided for and subject to the provisions of
chapter 41.56 RCW, as now or hereafter amended, and in the rendering of local social, cultural,
recreational, educational, governmental, or corporate services, including operating and
supplying of utilities and municipal services commonly or conveniently rendered by cities or
towns.
In addition and not in limitation,the legislative body of each code city shall have any authority
ever given to any class of municipality or to all municipalities of this state before or after the
enactment of this title, such authority to be exercised in the manner provided, if any, by the
granting statute, when not in conflict with this title. Within constitutional limitations, legislative
bodies of code cities shall have within their territorial limits all powers of taxation for local
purposes except those which are expressly preempted by the state as provided in
RCW 66.08.120,82.36.440, 48.14.020, and 48.14.080.
US Constitution
RCW 9A.46 Harassment.
RCW 9A.46.010
Legislative finding.
The legislature finds that the prevention of serious, personal harassment is an
important government objective. Toward that end, this chapter is aimed at making
unlawful the repeated invasions of a person's privacy by acts and threats which show a
pattern of harassment designed to coerce, intimidate, or humiliate the victim.
The legislature further finds that the protection of such persons from harassment can
be accomplished without infringing on constitutionally protected speech or activity.
Bill Gothmann 1/25/16
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AWC Large City Advisory Committee (LCAC)
Statement of Purpose
April 8, 2015
The AWC Board of Directors seeks information, data, and insight from large cities to inform the board
of directors as it convenes a visioning process during its August 2015 retreat, to set the course for
future advocacy activities of AWC.
The AWC Board of Directors recognizes the value of exploring new strategies to better respond to the
needs of larger cities; and to create a forum to discuss and seek resolution to issues of greatest
interest to the State's largest cities.
• The Large City Advisory Committee consists of twenty-one (21) city officials. Positions are
filled by mayors, city councilmembers, and/or city managers/administrators, appointed by the
AWC President for two-year terms beginning in April 2015.
• The Committee will meet at least twice per year, with the first meeting held in May 2015,
followed by two annual meetings; the first at the AWC annual conference in June, and the
second annual meeting held annually during City Action Days conference in January/February.
• Intergovernmental Relations representatives (IGR's) employed directly or by contract are
invited to attend meetings of the committee. IGR's are not members of the committee, have no
voting authority, nor may they act in place of the appointed city member.
• The Large City Advisory Committee is initially tasked with providing insight, information, and
data to assist the AWC Board of Directors visioning process in August 2015.
• The Large City Advisory Committee's ongoing purpose include, but is not limited to the
following:
o Discuss, review and formulate strategies regarding issues of interest to large cities
o Provide input to AWC Legislative Priorities Committee
o Provide input to AWC Federal Legislative Committee
o Provide legislative presence of mayors and councilmembers from the State's largest
cities
•
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