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2019, 07-09 Regular Formal MINUTES SPOKANE VALLEY COUNCIL MEETING REGULAR MEETING, FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington July 9,2019 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance; Councilmembers _ Staff Rod Higgins, Mayor Mark Calhoun, City Manager Pam Haley,Deputy Mayor John.Hohman,Deputy City Manager Brandi Peetz, Councilmember Cary Driskell, City Attorney Linda Thompson, Councilmember Erik Lamb, Deputy City Attorney Ben Wick, Councilmember Mike Stone, Parks &Recreation Director Arne Woodard, Councilmember Chelsie Taylor,Finance Director Sam Wood, Councilmember Bill Helbig, City Engineer Mike Basinger,Economic Development Mgr. Connor Lange, Planner John Whitehead,Human Resources Manager Morgan Koudelka, Sr. Administrative Analyst Jeff Kleingartner,Public Information Officer Carrie Koudelka, Deputy City Clerk INVOCATION: Reverend Mike Munoz of Genesis Church gave the invocation on behalf of Pastor Brad Bruszer. PLEDGE OF ALLEGIANCE: Council, staff, and the audience stood for the Pledge of Allegiance. ROLL CALL: Deputy City CIerk Koudelka called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Thompson said she attended the Board of Health meeting and reported they are looking to find a new CEO and she was appointed to the policy committee, and elected to the Association of Washington Cities (AWC) board of directors. Councilmember Wick said he attended the AWC conference, the Board of Health meeting where they talked about air quality measurements and how to determine if events should be cancelled due to poor air quality. He thanked the Parks and Recreation department for the big Connect 4 game they provided at the Farmer's Market. Councilmember Wood said he had nothing to report. Councilmember Peetz said she attended the NextGen Leaders Coalition with Congresswoman. Cathy McMorris Rogers. Councilmember Woodard said he attended the AWC conference and the Continuum of Care meeting where they discussed grant funding and allocation. Deputy Mayor Haley said she attended two Spokane Transit Authority(STA) board meetings where they debated the no cost/low cost bus passes for low-income people, and she toured the jail. Council Regular Formal Meeting: 07-09-2019 Page 1 of 5 Approved by Council: 07-23-2019 MAYOR'S REPORT Mayor Higgins said he attended the West Valley Class Reunion with his wife and toured some of the various Spokane Valley projects with visiting staffers from Senator Murray's office. PROCLAMATION: Parks and Recreation Month After Mayor Higgins read the proclamation,Parks Director Mike Stone thanked Council and discussed this year's theme "Game On." He said there will be a celebration at Terrace View Park on July 28 from 1:00 pm to 5:00 pm with free food, games and entertainment. He also mentioned the Free Park program that, in cooperation with East Valley School District, will provide kids with 3,000 free breakfasts and 1,100 free lunches at various Valley parks throughout the summer. In addition, he said this is the fust year for their Teen Camp;and noted that more information is available on the City's website and he encouraged everyone to visit the parks. 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 July 9, 2019 Request for Council Action Form Total: $1,252,914.85 b. Approval of Payroll for Pay Period Ending June 30,2019: $525,718.45 c. Approval of June 11, 2019 Council Special Meeting Minutes Workshop d. Approval of June 18,2019 Council Study Session Meeting Minutes e. Approval of June 24, 2019 Council Special Meeting Minutes f. Approval of July 2, 2019 Council Study Session Meeting Minutes It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. First Reading Ordinance 19-009 Street Vacation 2019-001,Industrial Area—Mike Basinger After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Haley and seconded, to advance Ordinance 19-009 to a second reading at the July 23, 2019 Council meeting. Mr. Basinger described the process for the street vacation as outlined in the RCA and said the right-of-way was dedicated in 1911 and that neither the City nor the County paid for the right-of-way. Vote by acclamation: in fervor: unanimous; opposed: none. Motion carried 3. First Reading Ordinance 19-010 Street Vacation 2019-0002,Baldwin Ave, Glenn Rd—Connor Lange After Deputy City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Haley and seconded, to advance Ordinance 19-010 to a second reading at the July 23, 2019 Council meeting. Mr. Lange described the street vacation as outlined in the RCA and went through the Powerpoint presentation. He said staff is recommending removal of University Road from the original proposal based on a study conducted by Fehr and Peers and he mentioned that the right-of-way was originally designated in the 1908 Sullivan Plat. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 4. First Reading Ordinance 19-011, Marijuana Transportation—Erik Lamb After City Clerk Koudelka read the ordinance title, it was moved by Deputy Mayor Haley and seconded, to advance Ordinance 19-011 adopting amendments to allow licensed marijuana transporters to a second reading. Mr. Lamb said Council directed staff to prepare proposed amendments for consideration by the Planning Commission and the Planning Commission held a hearing on May 23,2019. He went through the presentation and added that in talking with our Police Chief, no problems have been identified by commercial vehicle officers to date. He said the Clean Air Agency would address and enforce issues pertaining to marijuana odor. Vote by acclamation: in favor: Mayor Higgins, Deputy Mayor Haley, Councilmembers Wick, Wood and Woodard; opposed: Councilmembers Peetz and Thompson. Motion carried. Council Regular Formal Meeting: 07-09-2019 Page 2 of 5 Approved by Council: 07-23-2019 5. Proposed Resolution 19-011, CERB Grant Mike Basinger It was moved by Deputy Mayor Haley and seconded to approve Resolution 19-011 formally authorizing the CERB application. Mr. Basinger said the Community Economic Revitalization Board (CERB) planning grant will be used to pay for a feasibility study for business improvements to connect users of the Appleway Trail to businesses. Mayor Higgins invited public comment; no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried PUBLIC COMMENTS: Mayor Higgins invited Senator Padden to discuss transportation issues. Senator Padden informed Council that the Barker to Harvard project was included in the Senate Transportation budget and that while Barker is the only road in Spokane Valley's jurisdiction, the project will benefit residents of the Valley because of the number of Valley students attending the new middle school and high school. He said Central Valley School District (CVSD) Superintendent Ben Smalls estimates that forty percent of the middle school students will be Spokane Valley residents and thirty-five percent of the high school students will be from the Valley. He said this was a major effort on the part of several agencies including the City of Liberty Lake, Central Valley School District, the City of Spokane Valley and the state, and the project funding should make it into the 2020 Supplemental Budget and continue until the projects are finished. Barb Howard, Spokane Valley, said she would like staff to look into the City's code for junk vehicles. She said she reported a property with junk vehicles to the City on June 17, 2019, and she was told code enforcement is working with the property owner to get it cleaned up but nothing has been done yet. She said she would like to know why. Rocky Sampson, Spokane Valley, said he is the General Manger of Checker Auto and thanked the Mayor for his involvement in changing the attire of the baristas in his neighborhood. ADMINISTRATIVE REPORTS: 6.New Employee Report—John Whitehead Mr. Whitehead said we hired three new employees during the second quarter, filling the Engineering Technician I position in Capital Improvement Projects, the Office Assistant I position in the Parks Department and the Public Information Officer position in Economic Development. 7. Indiana Avenue Crosswalk Lighting—Bill Helbig Mr. Helbig said the City set aside $110,000 in 2018 for crosswalks and lighting on Indiana Avenue and in working with STA,together we have identified the need for additional bus stops and a mid-block crosswalk; that in 2019, CHAS Health purchased property along East Indiana Avenue for development of their clinic with parking across the street.He said that as part of their parking Iot development,CHAS Health is required to construct a mid-block pedestrian crossing on East Indiana Avenue; that CHAS Health will install the lighting, but would like the City to acquire the streetlights from CHAS Health for long-term operations and maintenance.He said staff is seeking consensus from Council to pull the funds out of Capital Reserve fund #312 to fund the project.City Manager Calhoun said the money was appropriated as part of the 2018 budget but we did not use it.He said it now appears the cost will only be$72,000, liberating$38,000,and that this would come before Council as a budget amendment in 2019. Mr. Helbig said the crosswalk will become City property because it is infrastructure and in the City's right-of-way. It was the consensus of Council to move forward with the crosswalk lighting infrastructure acquisition. 8. Homelessness Related Issues Discussion Cary Driskell, Erik Lamb,Morgan Koudelka Mr. Driskell said the city is experiencing homelessness related issues and that we have had several comments from the public about some of the issues. He said tonight he,Mr. Lamb and Mr. Koudelka will discuss the Martin v. City of Boise case decision from the 9th Circuit Court of Appeals impacting how jurisdictions address homelessness and camping in public. He began the Powerpoint presentation and said they will be looking for consensus from Council asto how to move forward. Mr. Lamb stated there are Council Regular Formal Meeting: 07-09-2019 Page 3 of 5 Approved by Council: 07-23-2019 some gray areas in the case decision and there has been a significant amount of discussion among jurisdictions around the state and throughout the 9th Circuit, of which Spokane Valley is included. He said the legal basis for the court's decision is that prohibiting camping in public places violates the 8th amendment to the US Constitution prohibition against cruel and unusual punishment by criminalizing homelessness and needing a place to sleep. Mr.Driskell said cities across the state along with Washington Cities Insurance Authority(WCIA)and AWC are struggling with how to address the issues and work within the decision of the case. He said it is a very complex issue and it has significant impact on the cities, One of the impacts to us is that we do not have any homeless shelters within our city limits so we need to discuss what we can do to address camping in our public spaces and rights-of-way. Mr. Driskell said currently the City is indirectly responsible for$1.2M going into the system through filing fees to the County Auditor and Community Development Block Grant funds;the Spokane County Housing and Community Development (SCHCD) Advisory Committee and the Continuum of Care Advisory Committee makes allocation recommendations to the Board of County Commissioners of those funds.He said part of those funds go to the House of Charity in Spokane, Mr. Koudelka said the City of Spokane is looking to acquire a new shelter at the former Grocery Outlet store at Havana and Sprague, on the border of our city limits, He said Spokane approached other jurisdictions for help in funding the purchase of the facility and after presenting their proposal for the facility to the SCHCD, Spokane County set aside $1.2M in recording fees to assist with the purchase. However, the funds have not yet been transferred due to lacking details with regard to operations of the facility,terms of operation, and types of people it would serve. In talking with County staff, he learned that Spokane issued an RFP (request for proposal) for a facility operator and received three applications but they have not made a decision as to which will be selected. Mr. Koudelka said we have told the County that the City of Spokane Valley is not interested in funding a facility that has the same outcome as the 24-7 facility located in Spokane and the impact the facility has had on the neighborhood it is located in. He said after many conversations with the County, his feeling is that they are very closely aligned with the philosophy of Spokane Valley;they are looking for conditions that require shelter users to work on transitioning out of homelessness and address the root causes of homelessness. He said we are trying to maintain our public spaces for use by all of our citizens and keep the areas safe; impact homelessness in a positive manner and allow people to help themselves and leave homelessness behind; and ensure accountability that if we are investing Spokane Valley funds that there are measures in place that demonstrate effective use and that progress is being made.Participating jurisdictions,by assisting with funding for the purchase of the facility, may have leverage in setting conditions for the facility and how it is operated. He said we want to ensure Spokane understands that the $1.2M in recording fees is generated from jurisdictions outside the City of Spokane, including Spokane Valley and Liberty Lake and therefore, bed space would be available to homeless populations originating in all the jurisdictions outside of Spokane and would also serve emergency responders transporting homeless individuals to that shelter. He said another impact we would want to see addressed is the impact to the surrounding neighborhood to ensure appropriate security and safety measures are in place.He said there is a community forum scheduled for July 30,2019 where we are hoping to get input to forward along to the County. He said staff would like to draft a letter to the County Commissioners expressing our desires for the funding of the facility and its operations, for Council consideration and input before forwarding it onto the County.He said the current funding allocation process flows through the Advisory Committee with final decision by the County Commissioners so if Council wants to voice their thoughts directly to the Commissioners,a letter crafted by staff and collectively agreed upon by Council helps ensure that Commissioners can consider the concerns of our Council before making an award. There was consensus of Council to have staff draft a letter to the County and the Advisory Committee reflecting the views and concerns of Council with regard to potential participation in the Havana facility. Mayor Higgins called for a recess at 8:01 p.m. The meeting reconvened at 8:08 p.m. Council Regular Formal Meeting: 07-09-2019 Page 4 of 5 Approved by Council: 07-23-2019 Mr. Lamb said homelessness and affordable housing were key issues for the legislature this year and we thought SHB 1406 funds could be utilized for homeless shelters; however,after further review it looks like they can only be used for low-income affordable housing. He said this is a new funding mechanism and is a state sales tax credit. If the City opts to take the credit, it does not increase the sales tax but is taken as a credit against existing sales taxes. The calculation of taking the .0073% credit would be approximately $178,000 per year for the next twenty years. He said it will have to go toward affordable housing purposes and the Council will have to adopt a resolution of intent by January 31, 2020 and take the total amount of the funding by July 2020. The second component to the bill is an additional .0073% that the City can opt to take but to do so,the City would have to adopt a"qualifying tax"consisting of three options,all of which require voter approval. He said the most realistic option of the three is a levy lid lift, which would have to be approved and enacted by the voters prior to July 2020. It was consensus of Council to have staff draft a resolution of intent regarding use of the first .0073% of credited state sales tax revenue pursuant to SHB 1406. 9.Advance Agenda—Mayor Higgins There were no suggested changes to the Advance Agenda. CITY MANAGER COMMENTS Mr. Calhoun reported that he signed the BUILD grant application for the Pines Road Grade Separation project and we will send it tomorrow.He also congratulated Councilmember Peetz on receiving certification from AWC for municipal leadership and mentioned that Councilmember Thompson was elected to the AWC Board of Directors. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:21 p.m. Owe L.R. �." ei, A ,,,/,T. g_ , f ,-----4v 2 � � _ - lristine Bainbridge, City Cler ir Council Regular Formal Meeting: 07-09-2019 Page 5 of 5 Approved by Council: 07-23-2019 f. } SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, July 9, 2019 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. If you wish to comment about an individual action item on tonight's agenda (such a motion to approve an ordinance or resolution) when appropriate, the Mayor will ask r co ments on those items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT eu re,L.D pea, 44-41/11-e )(64--- - r o k,e NA\ei Please(rote that once information is entered on this form, it becomes a public record subject to public disclosure.