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2022, 02-22 Regular Formal MINUTES City of Spokane Valley City Council Regular Formal Meeting Tuesday, February 22,2022 Mayor Haley called the meeting to order at 6:00 p.m.The meeting was held in City Hall with Council,staff and some members of the public participating in person; and some members of the public participating remotely via Zoom meeting. Attendance: CounciIrnembers Staff Pam Haley,Mayor John Hohman, City Manager Rod Higgins, Deputy Mayor Erik Lamb, Deputy City Manager Tim Hattenburg, Councilmember Bill Helbig, Community&Public Works Dir. Laura Padden, Councilmember Chelsie Taylor, Finance Director Brandi Peetz, Councihnember Cary Driskell, City Attorney Ben Wick, Councilmember John Bottelli, Parks,Rec&Facilities Director Arne Woodard, Councilmember Adam Jackson, Planning/Grants Engineer Mike Basinger, Economic Development Director Christine Bainbridge, City Clerk INVOCATION: Pastor Kurt Bubna of Eastpoint Church gave the invocation. PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance, led by members from Scout Troop 304. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present APPROVAL OF AGENDA It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Wick: said he, along with the Mayor attended the GSI (Greater Spokane, Inc.) THRIVE where they talked about their economic development regional plan. Councilmember Woodard: said that he testified at the state legislature and will do so again tomorrow concerning trying to protect local control on housing and infrastructure issues; mentioned he attended the Continuum of Care retreat and referenced that workshop packet of material; said the issue of housing and homelessness is more complicated today than just trying to find someone a place to live; and he went over the handouts that he shared with Councilmembers. Councilmember Hattenburg: reported that he attended the STA (Spokane Transit Authority) PIanning and Development meeting and they are in the process of improving the 190 Sprague Corridor by adding a turn lane for buses going north on University off Appleway; mentioned they are going to enhance some bus stops where a person can pay at the bus stop; said their plan starts this month with phase 2 to be completed by 2024;he also noted that STA will reach out to Idaho concerning the connectivity ofIdaho and downtown Spokane. Councilmember Peetz: said she also attended the Continuum of Care retreat and left some handouts in council chambers for those interested; said she went to the Visit Spokane meeting and met the executive of Hoopfest, and mentioned there will be a new layout for Hoopfest due to construction near the Arena; said Visit Spokane found new office space at the GSI downtown office; said she attended a meeting with Spokane Mayor Woodward who is trying to make some changes to their downtown to clean up areas as Council Meeting Minutes,Formal: 02-22-2022 Page 1 of 6 Approved by Council: 03-08-2022 most of the homeless are in downtown so they are looking to move that outward; and she mentioned the Commute Smart program and said that we won a silver award. Councilmember Padden:concerning the SRLJC(Spokane Regional Law and Justice Council)meeting,said that they discussed an article in the Spokesman about the McArthur Foundation wherein the article intimated that the foundation wasn't happy with the County as it was moving too slow; said the Sheriff and the Municipal Prosecutor thought the article was inaccurate; said the Sheriff's Office would like to know the status of each project along with empirical data including the sources of ongoing funding; and said they will be coining to municipalities asking for funds for some of the programs;she mentioned the equity toolkit adopted by the District Court;that programs include ways to reduce the jail population,including a program to reduce a defendant's failure to appear is to give out free phones and then send a text message to remind people of court dates;said some people felt this was a duplication of efforts and that some of the populations that would be given phones, would lose them; and said they want to focus on specialize reports. Councilmember Higgins: no report. MAYOR'S REPORT Mayor Haley mentioned the Continuum of Care meeting; and noted that for STA,many projects are being moved as well as a pilot project,to some areas like Amazon. GENERAL PUBLIC COMMENT OPPORTUNITY [11: Mayor Haley invited public comments. Ms. Pam Marlow, Spokane Valley: (via zoom) said she met with Chief Ellis and his assistant today and that they were very informative as far as the number of calls and resources going into her neighborhood; said there were hundreds of calls to Eagle Point but not all were criminally-related;said perhaps Chief Ellis could also talk to the apartment managers/owners about having more accountability; and said she Iooks forward to continued support. Ms. Jennifer Wilcox, Spokane Valley: (via zoom) she mentioned a previous citizen's comment and of a lack of behavioral protocol; said the comments should have been called out as a point of order to correct the citizen's behavior;said she realizes it is difficult managing citizen comments but closer adherence needs to be given to the Governance Manual and that it is the Mayor's duty to maintain the dignity of the meeting. NEW BUSINESS: 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 nwve to approve the Consent Agenda. a. Approval of Claim Vouchers on February 22,2022, Request for Council Action Form: $2,872,172.57 b. Approval of Payroll for Pay Period Ending February 15,.2022: $435,858.01 c.Approval of Council Meeting Minutes of February 1, 2022 Study Session d. Approval of Council Meeting Minutes of February 8, 2022 Regular Formal Meeting It was moved by Deputy Mayor Higgins,seconded and unanimously agreed to approve the Consent Agenda. 2. First Reading Proposed Ordinance 22-003, Procedures to Trespass Individuals from City Property and Facilities—Erik Lamb After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Higgins and seconded to pass Ordinance 22-003 adopting procedures and criteria for trespass from public property, to a second reading.Deputy City Manager Lamb explained about this proposed process,and that it would apply to all City property, and in order not to infringe upon Constitutional consideration, a policy is needed; that this trespass would be done in those instances in order to protect the public health, safety and welfare, and would apply in cases where individuals engage in conduct that is dangerous, illegal or unduly disruptive.Mayor Haley invited public comments; none were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. Council Meeting Minutes,Formal: 02-22-2022 Page 2 of 6 Approved by Council: 03-08-2022 3. Motion Consideration: Approval of Sculpture Placements—John Bottelli It was moved by Deputy Mayor Higgins and seconded to install Heart of the Valley and the Ascent in the future Balfour Park;Indomitable Spirit at Appleway Trail Trailhead on University Rd, and to instruct staff to pursue the installation ofHuckleberry Daze at a site to be agreed upon by Council, Soulmates inside the future Spokane Valley Performing Arts Center (f constructed), and the Owl Woman Calls Your Name at or near the Pines Cemetery operated by the Fairmount Memorial Association. Director Bottelli acknowledged last week's meeting and the discussion of where to place each sculpture including the installation of Huckleberry Daze at or near Central Valley High School,and he noted the different verbiage given in tonight's motion by Deputy Mayor Higgins. Councilmember Peetz asked if something occurred at the agenda prep meeting, and she asked Deputy Mayor Higgins his reason for changing that portion of the motion. Councilmember Higgins said at the end of last week's meeting, Council had not really firmly decided as to whether or not to place the bear sculpture at Central Valley High School, which already has three bears, or at a park where it would get maximum exposure to the children; and since it wasn't firmly established, said he thought the motion went a little far and he took the liberty of changing it from the recommended motion; and to clarify, said the previous meeting had at or near Central Valley High School, and his motion substituted that for at a site to be agreed upon by Council so the question is still open for discussion. Mayor Haley invited public comment. Ms.Barb Howard, Spokane Valley: (via zoom)said she would like to see the bear placed where kids can enjoy it, like Greenacres or another park; said if we give this to one high school,what would we give the others. Ms. Jennifer Wilcox: (via zoom) said she attended last week's meeting and she thanked Council, staff and Mr. Bottelli for the well thought out process and consideration for what the community members might want. Discussion ensued about where to place the bear sculpture,with Councilmember Peetz stating that it seemed the direction was clear last week on where to locate the sculpture and that the majority of Council wanted it near or at Central Valley; said the kids took the time to come to City Council to give their thoughts about this and therefore, she will vote against this as she feels the bear should be placed as indicated last week; said it will be taken care of and will be lit, and she said she wanted to thank the students who did come to the city council meeting as it is sometimes hard for students to give public comment and get involved. Councilmember Wick mentioned the apparent themes at the different parks, like the barnyard theme at Greenacres, or a beach theme at Browns Park; and said he feels CV is a great representation of bears; mentioned that bronze statutes get hot when it is hot outside; and said he is supportive of that placement now or in the future; and feels that at or around CV would be appropriate. Councilmember Hattenburg said he would concur with at or neat'Central Valley. Councilmember Woodard said the artist would greatly appreciate having this in a park or where large numbers of children gather,particularly small kids; and lie recommended removing that section of the motion to address that in the future;said it would be nice to hear from a representative from each high school, and that Council should see what we can do to encourage the arts council to create for the other schools; said he is not opposed to placing it at Central Valley, but we need to be careful that no one school gets all the attention and the other schools don't get any. Deputy Mayor Higgins said his motion would have the same effect. Vote by acclamation: in favor: Mayor Haley, Deputy Mayor Higgins, and Councilmembers Padden, Wick, and Woodard. Opposed.- Councilmembers Peetz and Hattenburg, Motion carried. 4. Motion Consideration: Potential Grant Opportunity: City Safety Program—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager or designee to apply for the City Safety Program grant for all eight projects identified in rank order as shown in Table 1. Mr. Jackson went over the information about the program as noted in his PowerPoint presentation; said that today's motion is to determine which projects to apply for; said it is not likely we would be awarded more than$3 million,but one or two million is reasonable; that if awarded, staff would return to Council to identify the local match if necessary. Mayor Haley invited public comment. Mr. John Harding, Spokane Valley: regarding the Pines Separation project,said we are addressing one end of the problem on Pines at Trent but not addressing another problem on the other end just north of the freeway where the rail line blocks Pines; said he has sat there for fifteen minutes sometimes; plus adding housing up on the hill behind the water tower will dump more traffic Council Meeting Minutes, Formal: 02-22-2022 Page 3 of 6 Approved by Council: 03-08-2022 onto Pines; said how can we fix it if we only fix one end. There were no other public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. 5. Motion Consideration: Potential Grant Opportunity;National Highway Freight Program—Adam Jackson It was moved by Deputy Mayor Higgins and seconded to authorize the City Manager or designee to apply for NHFP grants for the Pines Road/BNSF Grade Separation Project, Sullivan Road/Trent Avenue Interchange Project, and the Argonne Road/I-90 Bridge Project. Mr.Jackson briefly went over the background information contained in the Request for Council Action form and said that he will be finalizing the cost update over the next week. Mayor Haley invited public comments;no public comments were offered. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried. GENERAL PUBLIC COMMENT OPPORTUNITY (21: Mayor Haley invited public comments. Ms.Barb Howard, Spokane Valley: (via zoom); asked why we need a code enforcement department; said previous Chief Warner and Mr. Rick Scott were supposed to have signed an agreement to get the neighborhoods cleaned up, but said that never happened; and asked why have code enforcement if they won't enforce the code. Mr.John Harding,Spokane Valley:said an under reported and under appreciated nationwide issue is school kids bringing drugs on school campus with the main culprit fentanyl,said we have an open southern border; he mentioned the opioid epidemic and of individuals carrying large amounts of illegal and deadly drugs; said maybe have this issue addressed by having deputies give meetings at schools to inform the kids if they make one mistake, it could be deadly; he said the DEA is stating that this is a national security issue, and he urged Council to do something to try to address this issue. ADMINISTRATIVE REPORTS: 6. Potential Grant Opportunity: RAISE Grants—Adam Jackson Mr. Jackson went over the information contained in the Request for Council Action, and explained that staff recommends submitting the Pines Road/BNSF Grade Separation Project to this call for projects; said Council agrees,he will return to Council March 8 for a motion consideration. Council concurred. 7. Potential Grant Opportunity: Spokane Regional Transportation Council—Adam Jackson Mr. Jackson explained that SRTC announced its call for projects which makes available over$43 million for participating governments;said the program requires a minimum 13.5%non-federal match,and he went over the projects, the fund type, and the available funds as shown in Table 1 of his Request for Council Action form, he then went over the recommended project submittals as shown in prioritized Table 2 on the Request for Council Action. Mr. Jackson said that staff requests Council consensus to develop the recommended project list and return to Council March 8, 2022 for a motion consideration to authorize the City Manager to submit the prioritized project list to SRTC. After Council discussion about some of the projects, including the 190 bridge design, except for Councilmember Padden,there was consensus for Mr. Jackson to return March 8 for a motion consideration. 8. Fair and Expo Center—Bill Helbig,Mike Basinger Mr. Holman said that the last time Council heard about this project, we were working on an economic development administration grant, that staff has been diligently working on that and reviewing it with the EDA (Economic Development Administration) which has received some comments, some of which we share such as the outdated 2019 cost estimate;said we have enlisted the services of OAC Services and Mr. Jonathan Miller from OAC is here as well as some of our construction management team; said that some of the lessons we learned concerning vertical construction is that we need to involve individual construction management experts as quickly as possible once a project is initiated;and in that regard, said we arc happy to have Mr. Miller who will give an overview of some of the concerns with the price; he said that Mr. Basinger will discuss the EDA grant; and added that staff has spent considerable time to determine what recommendation to present to Council tonight. Council Meeting Minutes, Formal: 02-22-2022 Page 4 of 6 Approved by Council: 03-08-2022 Community and Public Works Director Helbig reiterated that since we don't have in-house expertise in vertical construction, staff issued an RFQ (request for qualifications) to provide project management for this project; said four firms submitted their RFQ and staff selected OAC. OAC Services Senior Project Manager Miller went over a Iittle of his background and said that he has a good grasp of the construction industry in our area; said he was asked to look at two scenarios, i.e. what can we get for the initial $10 million, and what would it actually cost to get the full 32,300 square feet identified in the previous programming. Mr. Miller said he took his estimate escalated out to 2023 and factored the costs into that estimation; said to track all the costs that are involved in the project,the cost would typically be 70 to 75% that would be in the construction value;which means for the total project cost of$10 million,we would be looking at about 21,000 square feet if the project were to start in 2023; for the total 32,000 square feet, he said the total project cost would be about$14 million.There was brief discussion about the attached budgets and what would be included in the costs. Mr. Hohman added that the County might have other ideas for those parking lots from what is shown. Director Basinger said staff has been working with EDA to make our application more competitive; said in his discussions with the review team,this grant has become highly competitive, and that they would likely not accept anything over$5 million even though they have a$10 miIlion limit; said we started with a $3.5 million grant; said EDA is very concerned with our cost estimate which is now approximately $14 million so questioned how we could make up the difference; said the EDA is also concerned about the lack of hospitality beneficiary forms; said to date we have support from the Spokane Valley Mall, Latah Creek Winery, and other agencies and organizations; and although staff reached out for support, Comfort Inn Suites was the only hospitality industry that responded, which is a major concern to the EDA; and that based on the aforementioned, staff is recommending withdrawing the application which would allow us to refine the application and give time to develop the support of the hospitality industry. In response to Councilmember Padden's question about how long the state money is available, City Manager Hohman said it would likely be for another year or two; he mentioned the hoteliers wanted to see a sports complex, and said he feels it is time to have those conversations about the changing conditions; said something to further examine is do we focus on one project or several projects; but said that the bigger question is, does the community have a preferred project;said that over time there has been disappointment from the community that the City didn't just go with the sports complex idea, but it would be beyond us to be the only one to fund such a project; said the City was looking at different improvements that were in the vicinity of a $2+ million loss every year; said that it needs to be discussed about whether to fund such a sports complex and if so, and there needs to be partners to work with us. Councilmember Padden asked about the stadium and the baseball teams. Mr.Hohman said we had set aside $1 million for design for this project, and that staff would like to use a portion of that to work with the County and refine the design to see how there might be some compatibility with the stadium improvements. After further discussion about the stadium owned by the County but within our City limits; that the hotel room nights calculations needs to be further investigated; and about sticking within the budget and/or having a smaller project; there was Council consensus to withdraw the ARPA Tourism (EDA) grant application to further refine the project's benefits to the regional economy. 9. Advance Agenda—Mayor Haley Councilmember Woodard said for a future meeting, he would like a discussion concerning the contents of the Senior Center Agreement. A majority of Councilmembers agreed to include that item on the advance agenda. 10. Department Report The Department Reports were for information only and were not reported or discussed. Council Meeting Minutes,Formal: 02-22-2022 Page 5 of 6 Approved by Council: 03-08-2022 CITY MANAGER COMMENTS City Manager Hohman said that Congresswoman McMorris-Rodgers will be here this Thursday morning 9:15 a.m,to 10:00 a.m.to talk about legislative items; said that the Mayor and Deputy Mayor are scheduled to attend and he asked if other Councilmembers were interested in attending, and if a majority wants to attend, we will schedule a special meeting, which requires 24 hours notice. All Councilmembers except Councilmember Hattenburg indicated they would attend. Mr. Hohman said the Clerk's office will send out a notice of special meeting tomorrow morning.He added that the meeting will be held in Council Chambers. Concerning the public comment tonight about code enforcement, he extended thanks to them and to City Attorney Driskell in working with the DNR to clean up a 100-acre site west of Mirabeau Park; said about 7,000 pounds of debris were removed from the site and staff is working with the DNR (Department of Natural Resources)to trespass those in the area,while other agencies are working to help those individuals find the services they need. On another code enforcement issue, the clean up process. for the Best Road property has stalled a bit as the property owner did some things with the demolition permit that were not quite legal so now there is a mix of asbestos and other materials; said the cleanup now involves specialties contractors. Mr.Driskell said staff is working to designate the area as an unfit dwelling which would allow us recover some of the funds expended in the cleanup. Mr. Hohman mentioned that we got the Department of Ecology's notice of their final approval of our Shoreline Master Program; and concerning the sculpture placement item, said our and the Arts Council's goal was to get these placed as soon as possible and he asked Council to think about a particular location for the bear sculpture so we can bring that back to Council March 8 or 15. It was moved by Deputy Mayor Higgins, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:08 p.m. af\N— AT T /S . Pam Haley,Mayor 'Christine Bainbridge, City Clerk Council Meeting Minutes,Formal: 02-22-2022 Page 6 of 6 Approved by Council: 03-08-2022