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2019, 08-13 Regular Formal Format MINUTES SPOKANE VALLEY COUNCIL REGULAR MEETING FORMAL FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington August 13, 2019 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Councilmembers Staff Rod Higgins, Mayor Mark Calhoun, City Manager Brandi Peetz,Councilmember John Hohman, Deputy City Manager Linda Thompson, Councilmember Chelsie Taylor,Finance Director Ben Wick, Councilmember Mike Stone, Parks&Recreation Director Sam Wood, Councilmember Cary DriskelI, City Attorney Arne Woodard,Councilmember Erik Lamb, Deputy City Attorney Morgan Koudelka, Sr. Administrative Analyst Absent: Adam Jackson, Planning/Grants Engineer Pam Haley,Deputy Mayor Bill Helbig,City Engineer Christine Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole of Living Hope Community Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff, and the audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Deputy Mayor Haley. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Deputy Mayor Haleyfrom tonight's meeting. APPROVAL OF AGENDA It was moved by Councilmember Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Thompson: reported she attended National Night Out parties and said it was nice to see neighbors coming together, and there were lots of discussions about appreciation of Council; went to the Board of Health meeting and they made some good decisions about leadership; attended last Friday's Farmers' Market,which she said was well attended and she extended kudos to Parks and Recreation staff. Councilmember Wick: said he also attended last week's Farmers' Market and he thanked staff for the project boards; attended several National Night Out Against Crime parties; said the fair entry deadline is coming up and he'll be volunteering at the fair;went to the City employee appreciation/barbeque; said the Regional Health District's new CEO Amelia Clark formerly of Indiana will begin her position September 16; mentioned the PACE character trail of the month is gratitude; said there was no Visit Spokane board meeting this month; mentioned the City's Wellesley sidewalk project and thinks we can do a better job in keeping people's driveways open during construction. Councilmember Wood: no report Councilmember Peetz: said she hopes the Tourism Promotion Area Board will meet prior to the end of this year; said she attended the City employee appreciation BBQ and extended thanks to Councilmember Wick and City Attorney Driskell for the ice cream; said she participated in National Night Out;went to the Good Guys Car Show; attended the Government Action Committee where there were some proposed changes to overtime rules, and said she life some printouts on the council for those interested. Councilmember Woodard: said he also attended National Night Out events; went to the employee BBQ, and several meetings concerning the homeless situation. Regular Formal Council Meeting: 08-13-2019 Page 1 of 5 Approved by Council: 08-27-2019 MAYOR'S REPORT Mayor Higgins reported that he attended the City employee BBQ; mentioned the Clean Air Board and that we are in the midst of the smoke season; went to the highland games; attended an Aging and Long Term Care meeting, and said if people know someone who could benefit from their help,to be sure to refer them to that agency;attended the Good Guys Car Show and showed a photo of the `Mayor's Choice"car, a 1960 Ford; attended the Government Affairs Meeting; and said he met the new Dean at Gonzaga. 1.PUBLIC HEARING: Proposed Amended 2019 Transportation Improvement Program—Adam Jackson Mayor Higgins opened the public hearing at 6:17 p.m. and invited Mr. Jackson to explain the proposed amendment. Mr. Jackson explained the purpose of the amended 2019 TIP, and brought attention to the revised TIP with the corrected totals at the bottom of the page;he said once approved,this will be submitted to the Department of Commerce. Mayor Higgins invited public comments;no comments were offered and Mayor Higgins closed the public hearing at 6:19 p.m. 2. Proposed Resolution 19-012 Amending 2019 TIP —Adam Jackson It was moved by Councilmember Woodard and seconded to adopt Resolution 19-012 amending the 2019 TIP. Vote by acclamation: in favor; unanimous; opposed: none. Motion carried. 3. 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 Aug 13, 2019,Request for Council Action Form Total: $5,322,185.85 b. Approval of Payroll for Pay Period Ending July 31, 2019: $553,091.70 c. Approval of Council Meeting Minutes of July 16, 2019, Study Session Format d. Approval of Council Meeting Minutes of July 23,2019, Formal Format e. Approval of Council Meeting Minutes of July 30, 2019, Study Session Format It was moved by Councilmember Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS n/a PUBLIC COMMENTS: After Mayor Higgins explained the process,he invited public comment. Mr. Kurtis Robinson, Spokane: spoke concerning a letter dated Monday,August 5,2019: "During a recent Spokane City Valley meeting, Councilmember Linda Thompson requested that the City adopt a racial equity policy. The fact that it was rebuked by the Mayor and other Councilmembers who claimed that there are not enough people of color in the city to warrant such a policy is all the more reason to adopt one." Mayor Higgins asked Mr. Robinson to stick to the facts, that that is not what was said. Mr. Robinson this is the letter: "A common refrain in Spokane is that racism isn't a problem; it is and those who think otherwise,fail to recall that federal and state local policies influence the region's demographic composition; we are living on Native American land.The removal and subsequent transfer of their land to white settlers centrally privileged the outlaws and the impoverished, and impoverished the stewards. Housing and employment discrimination plague African-American community ever since they settled in Spokane in the late 1800s.This discrimination continues to this day.The Communist Exclusion Act limited the number of Asian-Americans who settled in the region. Anti-Chinese League set up by the white settlers in the early 1900s made the region hostile to them; some argue that still holds true today. The Spokane Coalition of Color, comprised of the Spokane branch of the National Association for the Advancement of Colored People,the NAACP;the Hispanic Business Professional Association,the HPPA; and the Spokane Chapter of the Asian Pacific Islanders Coalition, APIC, would like to work with the Spokane Valley City Council and other community groups to develop a racial equity policy for the City. We want to work with others so ignorant and disparaging remarks made by people such as Councilmember Arne Woodard would stop." Mayor Higgins said Mr. Robinson should not aim things at Councilmembers; that this is not a political event but Mr.Robinson is making it into one and that he should stop. Mr.Robinson said this is a letter and for the record,this letter was written and addressed to the City Council that was published in the Inlander, Regular Formal Council Meeting: 08-13-2019 Page 2 of 5 Approved by Council: 08-27-2019 and said that is what he is reading; and he continued. "The racial equity is about addressing the impact of biased beliefs on communities of color and how those biases both implicit and explicit manifest on our sense of safety and well-being. While city officials denigrate people of color's lived experience,they were speaking out of turn. When city officials down play the presence of people of color in the community,they are making themselves look out of touch with reality. We challenge them and everyone in Spokane to do better. The effects of redlining in the 1930s relegated communities of color to reside only in certain areas of the county. The reasons some neighborhoods lack people of color is because they were restricted from settling there. Restricted housing covenants played a huge role in limiting where people of color lived and could buy a home even after the U.S. Supreme Courts ruled them unconstitutional." [The three-minute time limit expired] Ms. Pui-Yan Lam, Spokane: finished reading the letter Mr. Robinson started: "The effects of redlining in the 1930s relegated communities of color to reside only in certain areas of the county. The reason some neighborhoods lack people of color is because they were restricted from settling there. Restrictive housing covenants played as huge role in limiting where people of color lived and could buy a home even after the U.S. Supreme Courts ruled them unconstitutional, those racist covenants continued to be retained in homeowner's association rules. The impact of such restrictions are still very relevant and very real. They need to end. What is needed are efforts that enable long over-due reparations to be made. A racial equity policy for the county is a critical first step. Signed Spokane Collation of Color,Kurt's Robinson, President Spokane Branch of the NAACP; Isabel Mazcot President of Hispanic Business Professional Association, Pui-Yan Lam co-chair; Spokane Chapter of Asian Pacific Islanders Coalition, Rowens Pineda co-chair, Spokane Chapter of Asian Pacific Coalition." Mr. James JJ Johnson, Spokane Valley: said he is also the chair of the Spokane Valley Planning Commission; he thanked the Council for their support of the Planning Commission over the years; said the Commission has a diverse vision among their members and that newly appointed Commissioner Friend will add to that diversity; said they are not ethnically diverse but diverse in their vision; said he is here to talk as a Spokane Valley Council appointed representative to the Spokane County Human Rights Task Force; and he read a statement from the Task Force regarding the July 23 Council meeting: "The Task Force congratulated the City of Spokane Valley for passing its resolution for nondiscrimination on March 28, 2017, but thinks the resolution should go further.The Task Force acknowledges that representatives of the Spokane Valley have received a letter by the NAACP to join them, Congresswoman Cathy McMorris Rodgers,and representatives from other local governments to attend a meeting to discuss race solutions. In the light of this letter,the Task Force urges the Spokane Valley Council to adopt a more expansive policy on racial equity as proposed by Councilwoman Thompson. During the July 23`d meeting, it was mentioned that words and actions matter; and earlier this evening on the consent agenda your words became public record.Now it's time for action. The words mentioned that evening are textbook examples of racial bias. The Task Force hopes the action of this Council moves toward a more racial diverse organization." ADMINISTRATIVE REPORTS: 4.Pinecroft Natural Area Preserve Update-Mike Stone,Cary Driskell Parks and Recreation Director Stone introduced others with him tonight, including City Attorney Driskell, and Mr. John Hammond,Natural Heritage Conservation with the Washington State Department of Natural Resources (DNR); Mr. Curt Payola, Programming Manager with the DNR Natural Areas Program; Mr. Bob McKellar, Assistant Region Manager for the State Uplands; and that they are here to discuss the potential of an exciting partnership regarding an outstanding piece of natural property within our City. Mr. Driskell added that after the presentation, he hopes to ascertain if Council is comfortable in moving this proposal forward. Mr. Hammond said his job is to oversee state-wide natural area systems; said that the Heritage Conservation Program provides the science behind identifying natural areas;that they manage 94 natural areas across the state; said the Pinecroft Natural Area Preserve is one of those primarily for conservation of natural features; said the goal is to make sure the area won't be threatened in any way; that the area has been a natural preserve since 1993 or 1994;that Pinecroft is mostly surrounded by apartments so they had to place a fence but that hasn't worked very well as holes keep getting cut in the fence requiring repair; said he spoke with Mr. Stone and Mr. Driskell about a way to partner to provide public access to Regular Formal Council Meeting: 08-13-2019 Page 3 of 5 Approved by Council:08-27-2019 this wonderful place where people can take nature hikes and maybe learn a little about nature; and that he is interested in furthering conversation to see if Spokane Valley could help provide that public access and make sure it won't degrade the site;and again,that they are hopeful for a partnership. It was mentioned that the area was hit hard in 2009 with the downturn in the economy as the area relies heavily on grants; that the area also experienced some fires, and people were trampling vegetation and that these are some of the issues endangering the site. Mr. Driskell noted that this would provide a unique opportunity to open a large piece of land without the City having to purchase it; that in their initial discussion, DNR will continue to own the property but the City would help with planning to help identify appropriate uses of property; that some of the improvements could include educational signage about the unique features of the site; he said there needs to be more discussion about the long term costs, but the critical part is that it would make the site very attractive for state grants that the City and the DNR could apply for; and mentioned the idea of staff and the DNR to continue to discuss these issues and to draft an interlocal agreement. Councilmember Thompson said she likes more parkland, that this could also open options for scout projects; and she asked about liability by the City. Mr. Driskell said there are provisions in state law regarding recreational use of state property so liability would not be an issue. Mayor Higgins asked about the people who are cutting the fence, and whether we are up to addressing that. Mr. Driskell said the preliminary discussion is to have two or three entrances into the property so people won't feel a need to cut the fence;and to introduce some limited pathways with interpretative signage.Mr. Stone said maintenance is important so staff would like the opportunity to continue discussions and look at these issues, including making sure a portion is ADA (Americans with Disability Act) accessible. Councilmember Wick said he also likes the idea of opening the area for access and thinks it will help alleviate problems. Councilmember Woodard stated he too is excited about his and of the partnership which could have long term benefits to our citizens. Councilmembers were in unanimous agreement to move forward with this concept. 5. Homelessness Shelter Meetings—Cary Driskell, Erik Lamb, Morgan Koudelka. Before proceeding with the PowerPoint presentation, Mr. Koudelka noted that the Board of County Commissioners has decided to postpone the decision of$1.2 million to go toward funding the proposed shelter.Mr.Lamb also noted that our Code does provide for homeless shelters,so there is nothing to prevent someone from purchasing land and going through that process. Mr. Koudelka then went through the PowerPoint presentation giving extensive information on some of Point-in-Time Count' data which is based on interviews with members of the homeless population; he mentioned the issues facing Spokane Valley such as increased numbers of homeless in parks and vehicles or camping in public spaces not designed for that purpose, and that there are no emergency overnight shelters located in Spokane Valley; he noted multiple challenges in addressing the homelessness issues including the Ninth Circuit Court of Appeals' decision which makes it more challenging to enforce no camping. Mr. Koudelka gave some information on the shelter proposed on Havana,which is on the border between Spokane and Spokane Valley,that it would include 120 beds; and that Spokane is requesting$1.2 million from Spokane County for purchase and construction costs;he also went over some of the operating details and said that all process decisions would be run through the Continuum of Care. Mr. Lamb noted that although the 120 bed number isn't exact, that staff believes this would be one of the largest shelters around as most shelters have forty to fifty beds. Mr. Koudelka explained that he and Mr. Lamb went to a meeting where Project ID stated their overwhelming opposition to that shelter;that the Project ID facility provides disabled individuals assistance as well as an outlet to socialize; and if the shelter were to go as planned,that there would be safety concerns for the neighborhood as well as those involved with Project ID;he also noted that Spokane is re-evaluating alternate sites and those issues continue to be discussed.Mr. Koudelka mentioned there would be an interlocal agreement between the City of Spokane and Spokane County, and that although we would not be a part of that agreement, he would bring it before Council for review prior to review by the County.Concerning the timeline for the proposed shelter,Mr.Koudelka noted they are a bit behind schedule. After mentioning concerns about the shelter, Mr. Koudelka also noted benefits, such as having such a shelter would provide a stronger defense to challenges to a non-camping Regular Formal Council Meeting: 08-13-2019 Page 4 of 5 Approved by Council: 08-27-2019 ordinance, and connect homeless people to services, some of which would work with them to move them into permanent housing. Mr. Koudelka mentioned the options as included on slides 12 through 14, and noted the considerations of withholding support. Mr. Lamb said the purchase of the Havana facility has not closed yet; that citizens have noticed a dramatic increase of homeless in our parks and public spaces; he mentioned the challenge in determining available bed space, and of transporting the homeless not only to the shelter, but of securing their belongings. Mr. Koudelka said among the discussions is the need for a system which could be easily accessible to everyone, and would have an accurate bed count so an officer would not be transporting a homeless person to a shelter that had no room. Concerning the next steps for Spokane Valley, Mr, Koudelka noted slide 16 includes mention of on-call mental health professionals; but said in talking more with that response team member, found that an on-call system wouldn't really work. There was discussion about concerns for Project ID;having a shelter on the border of Spokane and Spokane Valley and whether jurisdiction would be an issue for 911; long-term housing versus overnight stays; HUD changing the definition of low-barrier and how HUD funds are spent;that sales tax credits cannot be used for shelters but only for affordable housing; capital costs and maintenance for a structure as well as who would manage the facility. Councilmember Wick said he is tending toward option lb,that he wants to learn more,that he is not sure about all of option 1,that there is the risk versus reward,and that he feels we need to be included in the interlocal agreement. Mr. Koudelka said he had mentioned the possibility of having us in the interlocal, or perhaps a joint agreement with us and Spokane on how to police the facility. Councilmember Thompson mentioned her concern about the entire neighborhood and that it has very few resources. Mr. Lamb noted that at the Project ID meeting, Spokane said there was extensive work done to identify this site, and that it would be part of the Continuum of Care. Councilmember Wick said when he was affiliated with SNAP energy assistance, they had the idea of a Cab-ulance,which was a pilot program to take people to such places as urgent care. Councilmember Woodard mentioned we already pay for STA (Spokane Transit Authority) and they have mini-vans or buses, so perhaps a system could be set up with STA. Mayor Higgins acknowledged that tonight is just a discussion as there remains many unanswered questions. Councilmember Peetz mentioned the idea of SPARK that might be of assistance with transportation. Mr. Lamb said they will continue to look at the existing shelter and options and there are still challenges, but they will keep Council appraised as they continue to work with Spokane and Spokane County and convey our concerns. Mr. Koudelka added that they will also continue talking with the co- response teams, as well as other avenues. 6. Advance Agenda—Mayor Higgins There were no suggested changes to the Advance Agenda. City Manager Comments: City Manager Calhoun noted that with Council concurrence,they will add a future discussion of HE 1406 to perhaps include an example of a resolution of intent to apply; and Council concurred. It was moved by Councilmember Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:07 p.m. ed(Atf r , ..._ r, ArL.R. Higgins, Mayo ;0.,11✓L(_ / /J 1., -L___ ristine Bainbridge, ity Clerk Regular Formal Council Meeting: 08-13-2019 Page 5 of 5 Approved by Council: 08-27-2019 i SPOKANE VALLEY CITY COUNCIL MEETING '``' Tuesday, August 13, 2019 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE NIIN UTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. 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