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2016, 09-27 Regular Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, September 27,2016 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Ski Rod Higgins,Mayor Mark Calhoun, Acting City Manager Arne Woodard, Deputy Mayor Cary Driskell, City Attorney Caleb Collier, Councilmember Mike Stone, Parks&Rec Director Pam Haley, Councilmember Erik Lamb, Deputy City Attorney Mike Munch,Councilmember Chelsle Taylor,Finance Director Ed Pace, Councilmember Eric Guth,Public Works Director John Hallman, Comm &Eco. Dev.Director ABSENT: Mark Werner, Police Chief Sam Wood, Councilmember Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Joe Pursch of the Valley Fourth Memorial Church gave the invocation. PLEDGE OF ALLEGIANCE The Council, staff and audience stood for the Pledge of Allegiance. ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except Councihnember Wood. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to excuse Councilmember Woodfrom tonight's meeting. APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard,seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Munch: said he attended today's marijuana symposium which he found very informative. Councilmember Haley: reported that she attended an STA(Spokane Transit Authority) Board orientation, which she found very helpful. Councilmember Pace: said he also attended the STA Board orientation, and participated in the STA Board meeting; said he and his wife rode in the Valleyfest parade and it was a lot of fun and that he helped judge the bed race; said today he and Deputy Mayor Woodard testified before the State Housing Finance and Insurance Committee on affordable housing; said the highlight of the past two weeks for him was doing the ride-along with a Police Officer; said he was impressed watching the officer in action. Councilmember Collier: said he also rode in the Valleyfest parade; Sunday lie went to Valleyfest and was impressed with the broad array of booths;today he attended the 9-1-1 Board meeting where they addressed the budget. Deputy Mayor Woodard: said he attended the Northwest Community Foundation Annual Reception where he heard an update on how they are doing with funds and various organizations they manage, such as the Spokane Valley Partners; said he went to the open house for the Inland Northwest Baby, which was started by a freshman in high school, who is now a senior in college; said this organization reaches out to various organizations to help secure diapers and other items for those in need;said lie went to our City's Audit Exit Conference and our City continues to do a remarkable job resulting in a clear report; said he was asked to Minutes Regular Council Meeting:09-27-20I6 Page 1 of 4 Approved by Council: 10-11-2016 go to the BECU Grand Opening downtown, and noted they have also opened a branch on Sullivan here in Spokane Valley; said the Valleyfest parade was fun; and he also attended the 2016 Manufacturer's Expo Dinner; and went to the State Senate Committee Workshop this morning where they talked about homelessness,and about city government trying to get out of the way and let the private sector help where needed. MAYOR'S REPORT Mayor Higgins reported that he had been out of town for a while, but today attended the marijuana symposium,where there was some dissention and misunderstanding with the Iicensing board and localities that do the permitting; but that our City is ahead of the curve in doing things correctly, and he extended kudos to staff. PROCLAMATION n/a PUBLIC COMMENTS: Mayor Higgins explained the ground rules,then invited public comment. Jim Robinson,Otis Orchards: read his prepared written statement,which he handed to the City Clerk,about supporting Council to adopt a resolution to declare Spokane Valley a Second Amendment Sanctuary City; and said Ile expects if such a resolution is adopted that there will be those who choose to move to a city that publicly recognizes people's rights under the law. Rob Chase, Liberty Lake: said he is also the Spokane County Treasurer; he mentioned last night's Presidential Debate and spoke of the Second Amendment which is about the need for the people to be able to overthrow a tyrannical government. Marc Mims, Spokane Valley: said the recent proposal to declare Spokane Valley a Second Amendment Sanctuary City is ill-advised and does not serve the community; said sanctuary implies shelter from the law and this invites violations of the law; said it won't make the community safer or more attractive to businesses; that it is a bad idea, invites trouble, and he asked Council to please drop the issue. Scott Maclay: said we are at war, that we are trying to make this City independent and give voters what they voted for but we are at war with the interests of those downtown who are trying to take it away from us; spoke about County officials giving large amounts of money to keep us from forming our own police department; said we desperately need a professional standards committee as currently there is no place to voice a complaint about such things as the Sheriff threatening him for attending a public forum. James Johnson, Spokane Valley: said he currently serves on the City's Planning Commission but is not representing that body tonight; that he works for the Spokane Public Schools but is not representing them tonight either;lie spoke about his father and how his hard work epitomized the identity of Spokane Valley; and that elected officials know that the identify of people here is about home ownership. Gabe Blomgren: said that although he wears the uniform of a Postal employee, he is not representing the post office; he commended Council for their courageousness in proposing a resolution and to Councilmember Collier for responding to Attorney General Bob Ferguson's infringement of our Second Amendment rights; said it is not about defense but about the Constitution and that it shall not be infringed upon. Rick Hess: said the previous speaker said what is needed to be heard; that a lot of people would like to make this country trash, but we need to allow people to be able to protect themselves, and he thanked Council for standing firm on the ground upon which this Country was founded. 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 Sep. 27,2016 Request for Council Action Form Totaling: $3,076,742.40 b. Approval of Payroll for Pay Period Ending September 15, 2016: $378,511.18 c.Approval of September 9,2016 Council Minutes, Special Meeting, Council of Governments Minutes Regular Council Meeting:09-27-2016 Page 2 of 4 Approved by Council: 10-1 1-2016 It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2.Proposed Resolution 16-011, John Wayne Trail—Cary Driskell It was moved by Deputy Mayor Woodard and seconded to approve Resolution 16-011 supporting the John Wayne Pioneer Trail, and request that staff send a copy to the Washington State Parks and Recreation Commission. City Attorney Driskell gave some background on the issue of the John Wayne Trail and of our City receiving a request from the City of Tekoa to lend our support for the Trail. Mr. Driskell also noted that the question about maintenance cost was previously mentioned, and said it is estimated to cost about$2300 per mile per year, or about$690,000 annually,but that the State doesn't pay for the entire cost as there are some local organizations which assist with cost. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 3. Motion Consideration: 2017-2022 Stormwater Capital Improvement Plan—Eric Guth It was moved by Deputy Mayor Woodard and seconded to approve the 2017-2022 Stormwater Capital Improvement Plan rind authorize the Acting City Manager to apply for grants to assist in funding the Plan. Public Works Director Guth explained about the CIP Plan and that there have been no changes since the last discussion. Mayor Higgins invited public comment;no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Higgins invited public comments. Scott Maclay: continued his comments about our City's need for a professional standards committee, said if there are reports about previous incidents such as the Creach or Holyk incidents, he can't find or access them; said no one is asking the right questions or standing up for us and it is time for such a committee and he's willing to help. Nina Flugal: said she appreciated the Second Amendment effort and she sleeps with a gun; said there have been some issues in her neighborhood with a few tenants; that she previously spoke with the Valley Police Department and they were supposed to do some patrolling; said any more apartments in a residential area can cause negative effects; that she doesn't think we need any more; she experienced a tenant who lives nearby who damaged her curb; and said care needs to be taken in where development and high density is allowed; and again stated we don't need any more apartments. ADMINISTRATIVE REPORTS: 4. Aggressive Solicitation Amendments—Erik Lamb,Kristopher Morton Deputy City Attorney Lamb introduced Legal Intern Kristopher Morton,who then gave an overview of the background surrounding the proposed amendment to the City's Code concerning aggressive begging, as included in his September 27,2016 Request for Council Action form,with the main impetus for the change as a result of a recent Supreme Court decision concerning protected speech. Councilmember Collier asked about the broad language included in the new verbiage under 8.25.020(b)(2)(d) and asked about removing (d). City Attorney Driskell explained that the removal could cause problems as we are trying to identify the type of prohibited conduct, and suggested leaving that clause as is in order to make any challenge more defensible. There was also some discussion about solicitors gathering signatures at grocery stores,but Mr. Driskell reminded everyone about an intimidating action, not merely asking for signatures on a petition. There was Council consensus to bring this forward at a future meeting for a first reading of an ordinance to amend the Code. 5. Acting City Manager's Presentation of 2017 Preliminary Budget—Mark Calhoun Acting City Manager Calhoun explained that tonight's presentation of the 2017 preliminary budget will be more focused on concepts rather than detailed figures, and he went through his PowerPoint presentation. Mr. Calhoun mentioned that the next "draft" preliminary budget will include some changes, but nothing Minutes Regular Council Meeting:09-27-2016 Page 3 of 4 Approved by Council: 10-11-2016 substantial, and will include the setup of a new fund 314 to break out funds for railroad grade separation costs. Mr. Calhoun noted that the next public hearing is scheduled for October 11, 2017. 6. Advance Agenda—Mayor Higgins Councilmember Pace mentioned the information item on tonight's agenda concerning the estimated cost of supporting Valleyfest; said he thinks the money is well spent and our citizens love Valleyfest;and he would like to pass a resolution that he will continue supporting Valleyfest in this way, with some criteria, that if things change or the festival doesn't increase sponsors or attendance, we would include the option to stop the support and start charging rent. There was not full consensus to proceed with such a resolution and it was noted the matter will be taken under advisement. The (7) Department Reports, (8) Ecology Storinwater Grants Fiscal Year 2018, and (9) Valleyfest items were for information only and were not reported or discussed. CITY MANAGER COMMENTS Acting City Manager Calhoun mentioned that lie recently heard from Briahna Murray's partner that one of our legislators cannot attend an October 18 meeting to discuss the 2017 budget/legislative agenda, and that as soon as he hears of a better(late and time,he will make Council aware so we can schedule such a meeting, perhaps on a Tuesday afternoon,with all legislators. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:46 p.m. AtfiW - ATTFS L.R.Higgins, of iristine Bainbridge, City Clerk Minutes Regular Council Meeting:09-27-2016 Page 4 of 4 Approved by Council: 10-11-2016 To : Spokane Valley Councilmen Collier, Pace, Munch,Woodard, Wood, Councilwoman Haley, and Mayor Higgins From: Jim Robinson, Otis Orchards,WA September 27, 2016 A recent article in The New American magazine,a publication of national prominence, featured Councilman Collier's intent to submit a resolution to the Council to declare the City of Spokane Valley a Second Amendment Sanctuary City. I fully support the concept and am encouraged that in light of a national movement to disarm the citizens of America, that a Iocal branch of government has the courage and moral strength to reaffirm that their city shall be fully under the law. I am reminded of the quote of the socialist George Orwell, "In a time of universal deceit, telling the truth is a revolutionary act." And so is during a time of general lawlessness, announcing your intention to be lawful becomes a extraordinary act. Gun control laws only disarm the law-abiding and provide a vulnerable hunting ground among those disarmed. You may have noticed that some of the most dangerous places in the country in what is termed "gun-free zones." Places like schools, shopping malls, government buildings, strip the law-abiding citizen of the tools of self-defense. Furthermore, I expect that if the Council decides to adopt such a resolution, that there will be those who have tired of the lawlessness in their"gun-free" communities and will choose to move to a city that publicly recognizes their rights under the law. History is rife with examples of despots whose success was assured by first disarming the people. Our United States and Washington State Constitutions will only prevail if those governments closest to the people affirm the law under these constitutions. GENERAL J?1.J 111 LIC COMMENT SIGN-IIN SHEET \\\NlSPOKANE VALLEY CITY COUNCIL MEETING Tuesday, September 27, 2016 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT 1"-- Y1\ a/tstiw, / G t Cit A eh 1N4,4-1- / Marc V V l , 1N1 i A e+r'A],-°t`` _ f1� Please note that once information is entered on this_form , it becomes a public record subject to public disclosure.