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2017, 01-24 Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,January 24,2017 Mayor Higgins called the meeting to order at 6:00 p.m. Attendance: Styr Rod Higgins,Mayor Mark Calhoun, City Manager Arne Woodard,Deputy Mayor John Holtman,Deputy City Manager Caleb Collier, Councilmember Cary Driskell, City Attorney Pam Haley, Councilmember Erik Lamb, Deputy City Attorney Mike Munch, Councilmember Chelsie Taylor, Finance Director Ed Pace, Councihnember Mike Stone, Parks& Rec Director Sam Wood, Councilmember Mark Werner, Police Chief Christine Bainbridge, City Clerk INVOCATION: Pastor Mike Graef of Valley Methodist Church gave the invocation. PLEDGE OF ALLEGIANCE: Everyone stood for the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. 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: Deputy Mayor Woodard reported that he attended the Chamber of Commerce Gala Awards; and went to an HCDAC (Housing Community Development Advisory Committee) meeting and said it looks like our City's top priority project,the 8th Avenue sidewalk,will likely get approved;said we had asked for$495,000 and it appears we would get approved at$452,000,which he said is also based on whether we will go ahead and keep that sidewalk project. Councilmember Pace said he attended an SRTC (Spokane Regional Transportation Council) meeting. There were no reports from other Councilmembers. MAYOR'S REPORT Mayor Higgins reported that he attended a GMA (Growth Management Act)Committee meeting; went to a Visit Spokane Board Meeting, and attended a Leadership Spokane fundraising event. PUBLIC COMMENTS: After explaining the process,Mayor Higgins invited public comment. Angela Slabaugh, of Spokane Valley Hearth Homes: expressed gratitude for the grant support in 2016, which she said helped pay utilities and fund professional development; said their program was a huge success and they were able to effectively eliminate their mortgage debt on the building, and subsequently can now hire and sustain a volunteer coordinator position; said they didn't apply for funds this year as they were able to sustain the program; she thanked Council for support in past years; she also mentioned Hearth Homes will be holding a benefit gala March 25, and she welcomed Council and the community. Mark Michaelis, Hearth Homes Board Member mentioned that their next step is to focus more on children and child care and they plan to launch a new vision to address those needs. Minutes Regular Council Meeting:01-24-20I7 Page 1 of 5 Approved by Council:02-07-2017 Bob Race, Spokane Valley: he spoke about the Barker Road grade crossing and of the withdraw of the City's support from that; said that is a terrible mistake;that if that grade crossing were completed, it could mean 10,000 new jobs in Spokane Valley. Mayor Higgins explained that the City has not withdrawn support for that crossing. Mr.Race also spoke about consideration for a park across from the new City Hall; he also urged that lodging taxes be applied to Browns Park sand volleyball courts; and said if that park and courts are expanded to capacity, organizations will come and participate,and he urged Council's consideration. 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 drove to approve the ConsentA. eixka. a.Approval of claim vouchers on Jan 24,2017 Request for Council Action Form,Total: $3,722,109.92 b.Approval of Payroll for Pay Period Ending January 15,2017: $419,049.67 c.Approval of January 3,2017 Council Meeting Minutes, Study Session Format d. Approval of January 10, 2017 Council Meeting Minutes,Regular Formal Format It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 2.First Reading Proposed Ordinance 17-002 Amending Spokane Valley Municipal Code 2.15—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 17-002 amending SVMC 2.15.050 relating to the City Manager, to a future agenda for a second reading. City Attorney Driskell explained that this is more of a housekeeping item and represents no substantive change, but does change the language to provide for an additional option for removal of a city manager, i.e., pursuant to an employment agreement adopted by a majority of Council in an open meeting. Mayor Higgins invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 3.First Reading Proposed Ordinance 17-003 Amending Spokane Valley Municipal Code 2.40—Caty Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 17-003 amending SVMC 2.40.010 regarding oath of office.for Cotrncilmember's and specified staff, to a future agenda for a second reading. City Attorney Driskell explained the rationale for one oath, as per Council's direction from last week's meeting, and as noted in his January 24, 2017 Request for Council Action; and said it covers all bases of law we want to identify. Councilmember Wood said he would like to replace "pursuant to"with"uphold and defend"and said that he feels "pursuant to" is too vague. Mr. Driskell replied that he is not sure what it means to "hold and defend" and is not sure if that is the role of Council.After further discussion,Mr. Driskell said he would like to think about the implications of those words between now and the second reading and Mayor Higgins agreed it would be better to be fully informed. Councilmember Wood said the President used those words.Councilmember Pace said if it turns out that those words are benign than he sees no reason to make the change,but that it appears uphold and defend are stronger. Councilmember Munch also noted that the likes the change, but would like further opinion on those words. Mayor Higgins invited public comment. Tony Lazanis: said he would like to see those two words added. Terry Gaston read his prepared statement: "The purpose of an oath of office is to bind the government officer to the constitution to protect we the people form government tyranny. If this is the case,then why in the world would we want a weak oath. We should want it as strong as possible. Last week the City Attorney,an agent of government, proposed to the City Council, representatives of we the people, an oath of office. Do you see a problem with this? A government agent proposing to we the people an oath to protect we the people from government tyranny. We the people do not need government to advise us on how we want to protect ourselves from government. I urge the Council to adopt the oath I proposed. The oath of office proposed by the City is Minutes Regular Council Meeting: 01-24-2017 Page 2 of 5 Approved by Council:02-07-2017 the weakest oath I can imagine that still has the word constitution in it; in fact it looks like it was put in as an afterthought. Does this oath explicitly bind the officer to support and defend the constitution against all enemies, foreign and domestic? No. To defend the God-given unalienable rights of the people of Spokane Valley against all violations of due process of law by all government agencies?No.Refuse to enforce any law, statute, ordinance, rule or policy that he deems unconstitutional even if upheld by the courts or ordered to do so by his superiors? No. Some people may think it out of place for an officer to refuse to enforce a law that he deems to be unconstitutional even if upheld by the courts. Did lie take an oath to the law, the courts?No. His boss? No. He took an oath to the constitution. Remember, the legislature and the courts are branches of government subject to the constitution and thoroughly capable of tyramiy. Why is it so important for an oath to be explicit, because of the ignorance of many of the people who take the oath and have no idea of what it means. Some people just give it lip-service and violate the oath. What is tyranny? Tyranny is what you have when government exceeds its constitutional authority. Can you think of an example of unconstitutional laws that are enforced on the streets of Spokane Valley? The so-called freedom capital of Washington.How about gun laws?Can you think of a single gun law that is constitutional?We have restrictions on concealment,barrel length, magazine capacity, rate of fire, noise level, caliber, restricted areas, etc. If we had a constitutional police force, we the people would be free to exercise our God-given rights without fear of being violated by the police. What does the typical police officer do? He enforces the law without any thought about his constitutionality. Consider this opinion of the supreme court. The general misconception is that any statute passed by legislators bearing the appearance of law constitutes the law of the land. The constitution of the United States is the supreme law of the land,and any statute to be valid must be in agreement. It is impossible for both the constitution and a law violating it to be valid. Once must prevail. This is succinctly stated as follows: 'the general rule is that an unconstitutional statute, though having the form and name of law is in reality, no law but wholly void and ineffective for any purpose; since unconstitutionality dates from the time of its enactment and not merely from the date of the decision so branding it.Any unconstitutional law in legal contemplation is inoperative as if it had never been passed.' `No one is bound to obey an unconstitutional law, and no courts are bound to enforce it."' John Harding, Spokane Valley: said he supports Councilmember Wood's suggestion; said there was a councilmember in Seattle who ran as a socialist;that he doesn't know what their oath of office is but he doesn't want any socialist running for representation; said uphold and defend is clear, and he likes the concept. There were no further public comments. Deputy Mayor Woodard stated that we are a nation of laws, and Councilmembers are here to abide by the laws or citizens can work to change laws they don't believe are right; he said the President's oath of office is different from ours as the President has the United States military behind him and he is the Commander in Chief of the military; we have a police chief who is the defender and upholder of the laws we abide by; that we abide by the Constitution until it is changed or there is no law. He asked Mr. Driskell if we have access to a Constitutional attorney who is well known, to find out how those words would hold this Council and our City to some actions. Mr. Driskell said he would research that consideration between now and the second reading of the ordinance to see if there are potential implications for Council and staff,and whether it fits within the statutory framework of what we are allowed and permitted, and what the roles are; and said he will look to make sure we would not be in violation. Vote by Acclamation: In Favor: Unanimous. Opposed.-None. Motion carried. 4. Proposed Resolution 17-002, Grant Reimbursement Authority—Cary Driskell It was moved by Deputy Mayor Woodard and seconded to adopt Resolution 17-002 establishing the scope of authority for the City Manager to administer the City's grant program. Mr. Driskell explained that the need for this Resolution resulted from a recent change in federal law requiring that municipalities may only submit requests for reimbursements on federal grants,that are signed by a person who is authorized to legally bind the non-federal entity; and in drafting the resolution, staff discussed other situations related to grants that Council may want to consider as well in the interest of saving time, such as authorizing the City Manager to apply for any grant less than $25,000 without additional authorization from Council; and to make minor changes to the Minutes Regular Council Meeting:01-24-2017 Page 3 of 5 Approved by Council:02-07-2017 grant level,within the authority of the granting agency,consistent with the level of authority previously granted by Council on other contracts pursuant to SVMC 3.35.010(A),up to$200,000 or 15%whichever is less.Mayor Higgins invited public comment. Tony Lazanis said the City Manager has a huge job, but everything should go through council. There were no other public comments. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried PUBLIC COMMENTS: Mayor Higgins invited public comments. Nina Fluegal, Spokane Valley: said that last month someone was talking about stop signs on 8"1 Street; said she drove by and there are two, good-sized stop signs, but that we didn't need bigger signs, but needed signs on McDonald going north/south; she said that people still do not stop for kids, and there is only one crosswalk; said if they had used the money to put in four small stop signs, it would have been the same cost for those two large stop signs, and said she doesn't understand the reasoning. Also concerning removing snow from sidewalks, she said when businesses don't comply,they should be the ones funding the snow removal by paying fines for the removal of the snow on the public sidewalks; and that the City should create a fund for those funds and fines, and then use that money to help clear sidewalks in residential areas. ADMINISTRATIVE REPORTS 5. Fire Department 2016 Year in Review--Chief Collins Fire Chief Collins went through his PowerPoint presentation explaining a few of the more significant projects the Fire Department worked on during 2016, most notably their Project RISK, which is a Department initiative to reduce fire and medical emergencies through proactive, targeted outreach and education; their reaccreditation process, which is an involved and lengthy process and that they are now reaccredited for five more years; and that per the Washington Survey and Rating Bureau, and in looking at the categories of fire department, water supply, emergency communications, and fire safety control, they are now a class 2 Fire Department,and the only such class in Eastern Washington,and share that distinction with the fire departments in. Bellevue, Seattle, Olympia, and the South King Fire Rescue Department in Federal Way; and that there are only two departments in Washington that are internationally accredited class 2 departments: the Spokane Valley Fire Department and the Bellevue Fire Department. After Chief Collins' presentation,there was brief discussion about hazmat or rail spills and mention from Chief Collins that the nearest company to handle a spill of large magnitude was located substantially far away, but they are in the process of relocating closer; there was also mention from the Chief about their data showing this area having a large number of slip and fall accidents; and during this year they will pilot a quick response vehicle program for two EMS responders in a vehicle. Council thanked Chief Collins for his report, and congratulated him and his department on their achievements. 6. Siting of Sculptures—John Hohman Deputy City Manager Hohman explained that tonight is an opportunity for follow-up discussion on the art sculptures, and with him are Jonathan Mueller and Steve Roth from Architects West; said there will be another City Hall update February 7 to talk about the construction process,which he said is going smoothly; and that there will be more information in a couple of weeks; but tonight is an open discussion about the City Hall site for some viable location options for some art sculptures,or even to discuss looking elsewhere; said staff has examined some other properties, most of which are owned by Spokane County, which are available for purchase,but that we are not looking to purchase land,and prefer to focus on property we can site with little, or preferably no cost. Mr. Jonathan Mueller went through the PowerPoint presentation and said that lie also added a few extra slides;and the next-to-the last slide will show the possible areas to place the sculptures, and that lie hopes to have open discussion about those four pieces. After Mr. Mueller's PowerPoint presentation,Councilmembers appeared pleased with the proposed placements of the art pieces. Councilmember Collier asked about the possibility of a tour of the city hall site, and Mr. Hohman agreed it would give Council a good perspective on the building. Concerning the possibility of other properties for the sculptures, Mr. Hohman said that staff is still researching those properties. Mr. Calhoun said tonight's Minutes Regular Council Meeting: 01-24-2017 Page 4 of 5 Approved by Council:02-07-2017 agenda is just discussion for now, but at some point in the future, staff will be back asking for either a motion or Council consensus of the locations of the various pieces. Mr. Hohman agreed and said the next step would be to schedule a tour of the site. 7.Advance Agenda-Mayor Higgins There were no suggested changes to the Advance Agenda. 8.Department Reports Department reports were for information only and were not discussed or reported. CITY MANAGER COMMENTS City Manager Calhoun noted that there will be no meeting next Tuesday,as we try to take off the 5th Tuesday of the month. He also noted that the February 14 winter workshop will start at 8:30 a.m.and he plans to be finished by 2:00 p.m. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to a jorrr7r. The meeting adjourned at 7:54 p.m. p r . ATTES L.R. Higgins, • iristine iBainbridge, City Clerk Minutes Regular Council Meeting:01-24-2017 Page 5 of 5 Approved by Council:02-07-2017 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 24, 2017 6:00 p.m. Regular Meeting 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 hitt _It', 14/ ' " ' ikt_ t Cba Gl_ri&`f` 3 rKei S ,/'o/6A-vLi.- V chit,- — di ,i6,0--K, ,._4_, , 44,p,,,m /r-At., -2f)6,i7,,afii-e U9 # A* Please note that once information is entered on this form, it becomes a public record subject to public disclosure.