2019, 10-29 Study Session MINUTES
SPOKANE VALLEY COUNCIL MEETING
STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
October 29, 2019
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, Counoilmember Mike Stone, Parks & Recreation Director
Sam Wood, Councilmember Bill Helbig, City Engineer
Arne Woodard, Councilmember Chelsie Taylor,Finance Director
Adam Jackson, Planning/Grants Engineer
Morgan Koudelka, Sr.Admin Specialist
Mark Werner, Police Chief
Gloria Mantz,Engineering Manager
Erica Amsden, Senior Engineer/Projects Mgr
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.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Haley, seconded and unanimously agreed
to approve the agenda.
ACTION ITEM:
1. First Reading Ordinance 19-018 Amending Park Regulations—Cary Driskell.Mike Stone
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded
to advance Ordinance 19-018 amending park regulations to a second reading. City Attorney Driskell
explained the proposed changes to the park regulations, adding that one of the main changes is the open
hours of the park, which he said based on public safety; said he wants to make sure that we provide the
appropriate tools to law enforcement so they can better police these issues so we have parks that are open,
available and safe for the majority of our population;he noted the two-tier park hours of April 15 to October
15, open at 6 am and close at 9 pm; and October 16 to April 14, open at 6 pm and close at 7 pm, and Mr.
Stone further explained that these dates coincide with the winterizing and closing of the restrooms,
including turning off the water. Mayor Higgins invited public comment; no comments were offered.
Councilmember Wood expressed his preference to keep the parks open until 9 pm instead of 7 pm; said he
thinks citizens have the right to use the parks and he doesn't like criminals controlling the rest of us.
Councilmember Wick asked for clarification concerning hot air balloons. Attorney Driskell said that
Valleyfest has not used the balloons for a few years, partly because we were requiring enhanced insurance
if they were to be launched from City property;further, he explained, WCIA(Washington Cities Insurance
Authority) expressed concern about the activity and that if we were to allow it, to make sure the people
launching the balloon and us,were covered; he said the policy choice now is whether to allow it and if we
do allow that activity,he recommended it be done under the special event permit. Other discussion included
inflatable equipment,and fishing.Mr. Stone said we haven't allowed fishing for twelve years; said the pond
is man-made and there would be challenges; that historically Valleyfest was allowed use for one day only,
and that through special event permit;he cautioned allowing this activity and said challenges would include
possible damage to the pond, and cleanup; he also noted inflatable play equipment also causes significant
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Approved by Council: 11-12-2019
damage to turf; that it is a high risk activity and insurance is required; said if we allow it even through
special permit,that also presents a problem as people see it and assume it is permitted; said this would be
a policy decision by Council,but that he would not support that activity. Vote by acclamation on the motion
to advance the ordinance to a second reading: In Favor: Mayor Higgins, Deputy Mayor Haley, and
Councilmembers Peetz, Woodard, Wick and Thompson. Opposed.' Councilmember Wood. Motion carried.
Discussion then continued on the activities that might require a special use permit, and it was determined
that further changes can be made for the ordinance second reading. There was full Council consensus to
include inflatables and hot air balloons as part of the special event permit. Concerning park hours,
Councilmembers stressed the need to have signs very clearly posting the park hours; and except for
Councilmember Wood,there was consensus to keep the two-tier hours as drafted in the ordinance.
2. First Reading Ordinance 19-019 Regulating Public Camping—Erik Lamb, Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded
to advance Ordinance 19-019 adopting regulations regarding camping on public property to a second
reading. Deputy City Attorney Lamb said that this is just one component of the overall discussions
regarding the homelessness issues and that there will be future collaborative discussions on the topic with
Spokane County and Spokane City. Mr. Lamb said that this ordinance will adopt a new chapter in our
Municipal Code to regulate camping on public property; that this ordinance has three components, (1) no
camping on public property, and he noted the change in 7.50.020 regarding the fairgrounds and that this
ordinance is not intended to prohibit camping in designated spots; (2) it prohibits encampments, which is
defined as two or more in close proximity;and(3)consistent with the Martin vs Boise case,our Code would
not be enforced if shelter bed space is not available;he also noted there would be certain areas where public
camping is never allowed, including City Hall grounds, Balfour Park, and Mirabeau Meadow/CenterPlace
grounds. Mr.Lamb explained that Balfour Park is not permitted due to the high number of responses of law
enforcement there;and said this ordinance is similar to the County's already adopted regulations.Mr.Lamb
stated that the goal is not to arrest but to get people into the resources they need, and to provide notice that
this is adopted and at some point, will be enforced; but for now, it would be a tool to use for those who
don't want to take advantage of the resources. Mayor Higgins invited public comment.
Ms.Barb Howard, Spokane Valley: regarding the 48-hour notice to vacate,said that is a longtime;said she
has been working with Chief Werner about an individual and his RV which he keeps moving from spot to
spot; she also questioned why there can be none of that type of parking at City Hall, but that people can
park on city streets.
Mr. Bill Gothmann, Spokane Valley: said he has a relative who drives an RV across country to see him;
that it is a fully contained RV and he would be staying out here about a week, but that this ordinance would
prevent him from parking there; said people should be able to park on their own property or on a right-of-
way that the City owns and isn't used, like in front of his own house; he suggested maybe permit this type
of parking for up to one week. There were no further public comments.
Councilmember Wick asked about precluding RV's in rights-of-way and Mr. Lamb explained that this
would preclude camping in rights-of-way; he said the rights-of-way are intended for the public's use; said
it would present a challenge to allow an exception and difficult to enforce to have such an exception for a
week; said private property would seem to be the better location than the public right-of-way.
Vote by acclamation: In,favor: Mayor Higgins, Deputy Mayor Haley, and Councilmembers Thompson,
Woodard, Peetz, and Wood. Opposed: Councilmember Wick Motion carried.
3.Motion Consideration: City Hall/CenterPlace Holiday Closure—Mayor Higgins
It was moved by Deputy Mayor Haley and seconded to authorize the closure of City Hall and CenterPlace
at noon Wednesday, November 27, 2019, to allow staff time to prepare for their Thanksgiving Holiday; to
close City Hall and CenterPlace for the entire day on Tuesday, December 24, 2019, and to close at noon
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Approved by Council: 11-12-2019
Tuesday, December 31, 2019; that this closure will affect only normal administrative functions of the City,
however, all pre planned events at CenterPlace will take place as scheduled Mayor Higgins invited public
comment; no comments were offered. Vote by acclamation:In favor: Unanimous. Opposed.'none. Motion
carried
NON-ACTION ITEMS:
4. Mental Health Crisis Stabilization Facility—Morgan Koudelka, Chief Werner,Ariane Schmidt, Kristin
Gable
Leading the discussion was Ms. Arianne Schmidt, Regional Project Manager for the City of Spokane and
Spokane County, along with Ms. Kirstin Gable, under contract with Pioneer Human Services, the
organization selected as the operator of this program, as well as Spokane Valley Police Chief Werner, and
City of Spokane Valley Senior Administrative Analyst Koudelka. Ms. Schmidt explained that they are here
tonight to brief Council on the update of this facility. As shown in Ms. Schmidt's PowerPoint presentation,
she noted there are three phases of this project: Phase I, initiation and planning, August 2019 through
October 2019; Phase II, construction/ramp-up, November 2019 through October 2019, and Phase III,
operational readiness, November 2020 through March 2021. Ms. Schmidt went over the performance
measures including goals and the associated metric; they showed the Spokane current state individual in
mental health crisis incident, compared with the Spokane future state with MHCSF individual in mental
health crisis incident; with the future state alleviating the need for court proceedings and other steps
associated with jail bookings; they also showed some statistics from the Snohomish Diversion Pilot
program; they mentioned the program definitions and scope with the core services of mental health crisis
stabilization and withdrawal management operated by Pioneer Human Services, and offering on-site at the
facility;they went over the proforma summary core services operating costs and estimates;they noted the
municipality fee construct criteria and estimates based on 2019 point in time counts; and showed the
municipality fee breakdown of those organizations and entities participating in the facility;they mentioned
that next steps include approval by the Spokane County Commissioners,and once approved,they can begin
Phase II to develop contract and agreements with municipalities, engage the architect, and collaborate on
building requirements.
City Manager Calhoun said he would like to hear from Chief Werner on law enforcement's perspective of
what this would mean to their operation. Chief Werner said currently there are two alternatives for people
in crisis: the hospital or being booked into jail; he said the goal of the proposed facility is to assist in
connecting people to the services and get them stabilized; otherwise, the people get booked into jail,
released and go through the system over and over, which of course is not a great solution. Chief Werner
also noted the potential costs are preliminary numbers and further research is needed to refine those figures,
with Ms. Schmidt adding that they want to make sure municipalities are in for the Iong haul. There was
Council consensus to be and stay involved.
5.Police Department Quarterly Report—Chief Werner
For his quarterly report, Chief Werner discussed the scope, patrol, investigative units, and staffing,
including volunteer SCOPE hours,average patrol staffing per shift,calls for service and responses,external
complaints and their resolutions, number of persons charged and number of felony and misdemeanor
charges, number and type of search warrants issued, seizures and recoveries,property crimes, and staffing.
Councilmember Peetz asked if there are any positions that need to be filled and Chief Werner explained
that all authorized funded positions are filled, and said the factors contributing to the attrition rate have not
yet had an opportunity to fully impact the 2019 new hires. Councilmember Woodard added that they are
filled, but due to various stages in training, not everyone is in the field yet. Mr. Calhoun said there will be
a more in-depth report on staffing at the November 12 Council meeting.
6. Barker I-90 WSDOT Interchange Project Update—Gloria Mantz, Erica Amsden
Engineering Manager Mantz introduced Ms. Erica Amsden, Spokane Valley Project Manager, and HDR
Engineer Mr. Scott Marshal. Mr. Marshall explained the WSDOT (Washington State Department of
Transportation)project location and purpose, showed a drawing of the design summary with the eastbound
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Approved by Council: 11-12-2019
and westbound roundabouts,and discussed the tum restrictions at Boone Avenue and at Broadway Avenue.
Ms. Amsden then discussed a summary of the public meeting which included about 70 members of the
public; she said most people are in favor of the project, but there were some traffic concerns, as noted on
the slide; she also mentioned concerning temporary traffic control, that there will be coordination of this
project with the Liberty Lake projects. Councilmember Wick asked if both projects were going to be
scheduled at the same time and Ms. Amsden replied that yes, WSDOT is planning to construct both at the
same time.
7. Pavement Preservation Ad Hoc Committee—Bill Helbig,Adam Jackson
Although this is a continuation of the October 1 presentation, Mr. Jackson said the information is not
necessarily new; said they had a third party consultant perform an evaluation and do some improvements
of the program, particularly concerning the public outreach; said that other entities who had such an ad hoc
committee or task force were more prone to succeed as they had a group of stakeholders help provide
recommendations; he said this committee would not be a sole source and would be open to questions, and
he brought Council's attention to the draft committee outline, which Mr. Jackson said will change as
needed.Mr.Helbig agreed the schedule is aggressive;said the City of Vancouver went through this process
and it took about two years to get through it; and that Bend, Oregon kept their committee in place to help
them annually.There was some discussion about meeting attendance and Mr. Jackson said while they want
to be flexible,the dates are critical. After further brief discussion,there was Council consensus to proceed
as staff suggested.
8. Pines Road/BNSF Grade Separation Project. FMSIB Funding—Adam Jackson
Planning and Grants Engineer Jackson explained that this project is a city priority, discussed by Council
numerous times; he went over the history of the project as noted in his Request for Council Action, and
said that there is an opportunity to go before the FMSIB board to ask that this project say on the list and
remain active and said we don't want to lose that opportunity; said the FMSIB Board meeting will be held
November 15 and we'd like to make a request that FMSIB reinstate the project on their active list and
continue to fund the project;he said staff recommends that we ask for the original requested amount of$5.3
million; he noted that the$5.3 million is 18.28% of the currently anticipated $29 million total project cost
and that amount is consistent with the City's previous awards for the Barker Road/BNSF Grade Separation
Project as well as the Barker Road Corridor projects FMSIB award amount which was equal to 20% of the
total project cost.
Discussion followed with Mayor Higgins asking if those figures are adjusted for inflation. Mr. Jackson
replied that there aren't any real dollars as the funds are about to be taken away; he mentioned that the
Iegislature has given FMSIB a tool to formally cancel projects; he said this wasn't a priority when we
incorporated as Bridging the Valley was still being developed; that in 2017 we dedicated local funds and
the project was gaining traction and ranked a very high priority state-wide as well as FMSIB's #1 project
in the state. Councilmember Wick stated that as one of the City's representative on the FMSIB board, he
doesn't get to vote on this since it is our project, but a case for this project was made a year ago and this
was up for cancellation then but still slated as a WSDOT project; that the Board wants to see projects
completed but doesn't always have the funds so they elected to keep it around for another year to see if the
project gained any progress; he said that when the board does allocate funds, they either set a cap on the
total dollar amount and then look at the percentage of the project; that they adhere to an RCW statute that
states funding needs to be at least 20% of the project but that they have not always held to that, and if we
ask for 20% of our new project balance,that would probably be closer to$6 million. Mr. Jackson said it is
his impression that a 20%award is a very high value and often awards are less. After further discussion on
the process of the FMSIB Board,Mayor Higgins asked if there is Council consensus to move this forward,
and all Councilmembers agreed.
Mr. Calhoun noted that since the FMSIB Board meets November 15th, and we don't have another meeting
until November 12,we need to settle on a number tonight; he said the deadline to submit items is November
5. Mr. Jackson stressed that it is critical to make sure there is consensus to submit and then put our funds
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Approved by Council: 11-12-2019
as a match to support the application; that FMSIB doesn't rely on a 20/80 split as they will come in with
their percentage, and we would be responsible for the difference; or as an alternative, staff can go present
and Council can leave that to staff's discretion on the fine point of what we believe would be the most
profitable or reasonable request, All Councilmembers nodded their heads in agreement. There was further
discussion about which figure or range of figures to decide on and what would be more likely to get us
funding. Councilmember Wick also suggested we determine which bi-annum for appropriation. City
Manager Calhoun said we could ask 30% and might get 20%; and note the amount of our own funds for
this project,which at the time of application was estimated at$11.2 million. After Mr. Calhoun calculated
that$3.36 is 30% of$11.2, all Councilmembers agreed with the 30%.
9. State Lobbying Contract Request for Qualifications(RFQ)Update—Cary Driskell
City Attorney Driskell explained that the City has contracted with its current lobbying services contractor,
Gordon Thomas Honeywell, since 2007;that the basic services started in 2007 and have increased over the
years,as noted in his Request for Council Action form;he said the City issued a Request for Qualifications
in September and we had one response: Gordon Thomas Honeywell. There was some discussion about the
scope of services, with Mr. Driskell adding that our base price is low compared with other jurisdictions.
There was complete Council consensus that staff come back at a future Council meeting with a proposed
negotiated agreement.
10. Advance Agenda—Mayor Higgins
Councilmember Wood mentioned that there are some kind of boxes in Coeur d'Alene on various street
corners, with different sketches, like public art, and he asked if we could do something like that.
Councilmembers concurred to have staff research that suggestion.
11. The following items were for information only and were not reported or discussed:
a. Election Night&Council Meetings History c. Admin Quarterly Report
b. Police Dept. Monthly Report d. Customer Service Survey Report
12. Council Comments—Mayor Higgins
There were no additional comments from Council.
13. City Manager Comments—Mark Calhoun
City Manager Calhoun said that the Barker Road widening project ribbon cutting is scheduled for Monday,
November 4, at 3:30 at the north section of the new pavement just north of Garland Avenue; he said there
will be a small groundbreaking of the Appleway Trail at Evergreen and Sullivan on Wednesday,November
13, at 2 pm, by the Appleway Trail just off Evergreen, said this will also be announced via social media,.
and that there will be a larger ceremony in the spring. Mr. Calhoun reminded everyone that next week's
Council meeting will be cancelled as we have councilmembers up for election, and he noted the
informational report in tonight's Council packet; said when we don't have councilmembers up for election,
we don't typically meet, and that election night is of course,not a holiday.
It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:34 p.m.
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Approved by Council: 11-12-2019