2017, 08-29 Study Session MINUTES
SPOKANE VALLEY COUNCIL MEETING
STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
August 29,2017
Attendance:
Councilmembers Staff
Rod Higgins,Mayor Mark Calhoun,City Manager
Arne Woodard,Deputy Mayor Erik Lamb,Deputy City Attorney
Caleb Collier, Councilmember [arrived 6:43] Chelsie Taylor,Finance Director
Pam Haley, Councilmember Erik Lamb,Deputy City Attorney
Mike Munch, Councilmember Mark Werner,Police Chief
Ed Pace,Councilmember Mike Stone,Parks&Recreation Director
Sam Wood, Councilmember Morgan Koudelka, Sr.Administrative Analyst
John Pietro,Administrative Analyst
Mike Basinger,Economic Development Mgr.
Lesli Brassfield,Economic Develop. Specialist
Anthony Bandiero,Legal Intern
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 except
Councilmember Collier. It was moved by Councilmember Pace, seconded and unanimously agreed to
temporarily excuse councilmember Collier.
ACTION ITEMS:
1. Proposed Resolution 17-015,Hirst Decision—Erik Lamb
It was moved by Deputy Mayor Woodard and seconded to approve Resolution 17-015 urging the
Washington State Legislature to address various issues resulting from the Washington State Supreme
Court's Whatcom County v. Hirst decision regarding water rights. Deputy City Attorney Lamb explained
that Council requested staff to draft a resolution outlining the issues involving the Washington State
Supreme Court's decision in Whatcom County v.Hirst, as a statement to the legislature; and addressing the
negative impacts resulting from that court decision.Mr.Lamb explained that this was a case decided by the
Washington State Supreme Court in 2016, which originated form challenges to Whatcom County's
Comprehensive Plan, and specifically as to whether the County adequately protected surface and ground
water resources;he said that this was part of multiple challenges and has been going on for over ten years.
Mr. Lamb explained that the premise was that the Growth Management Act (GMA) requires counties to
ensure an adequate water supply,both legal and actual availability before granting a developer a building
permit or subdivision application;said that Whatcom County proposed as part of their Comprehensive Plan
and adopted Department of Ecology regulations;he explained that these regulations allowed developers to
reply on a private well unless the well site falls within the boundaries of an area where the Department of
Ecology has determined by rule that water for development does not exist. Mr. Lamb further explained
that the Supreme Court found that this effectively delegated local government decision on water availability
to Ecology; however the GMA requires that it is the local government's responsibility and they cannot
delegate that responsibility to another agency, to determine water resource availability; therefore, relying
on the Department of Ecology's rule on presumptive water availability, the Court found that it does not
satisfy the GMA , and also found that the County's Comprehensive Plan was not in compliance with the
GMA. Mr.Lamb stated that as a result,this created significant impacts for counties and cities,and prohibits
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anyone from obtaining a building permit or a subdivision application approval if they are on a private well,
unless the county can determine that there is actual water availability; he stated that counties historically
have not had this duty and have relied on Ecology;he said the effects are being felt locally as well as around
the state as development has been stalled. Mr. Lamb said that the legislature considered fixes to this in
2017,but no compromise has yet been found and nothing was adopted.Mr. Lamb said that this resolution
provides a request from Council for the state legislature to adopt a fix to minimize or limit negative impacts
on property owners as a result of the Hirst decision.
Mr. Lamb also noted that this draft fails to include a provision that while we seek a fix to protect private
property owners' rights, we still want to protect water resources, and said that Council could consider
adding that language as well as a motion amendment. It was then moved by Deputy Mayor Woodard and
seconded to amend the motion to add at the end of the last sentence in Section 1: "while protecting water
resources. " Councilmember Pace said he feels that maintaining water resources around the state probably
is going to translate into findings more ways to restrict property and water rights, and suggested leaving it
off.Mayor Higgins stated that another way to look at it is it may be protecting us from them.Deputy Mayor
Woodard said he believes that when you deal with water,that some feel there is a lack of concern about the
water quality, and said that's not true; said he feels we are interested in protecting the resources, and said
we want to make sure the legislators will understand we are not trying to jeopardize the water quality or the
quantity. Mr. Lamb added that this does not tie us to any specific legislation or rule but is rather a general
statement. Councilmember Wood said he doesn't see a need to add that and it convolutes it. Mayor Higgins
invited public comment; no comments were offered. Vote by acclamation on amending the motion: In
Favor: Mayor Higgins, Deputy Mayor Woodard, and Councilmember Haley. Opposed: Councilmembers
Pace, Wood and Munch.The vote resulted in a tie so the motion failed. Vote by acclamation on the original
motion to approve the resolution:In Favor: Unanimous. Opposed:None. Motion carried.
2.Motion Consideration: JAG Grant Application—Morgan Koudelka
It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager or designee to apply
for the Justice Assistance Grant for those items identified above. Mr. Koudelka explained that this is an
annual grant and they have applied for these funds for many consecutive years;there is no required match;
and the proceeds are for law enforcement purposes; said he relied on Chief Werner to identify how to use
these funds, and so we are recommending to use the funds to purchase thirteen Tasers,four video cameras,
nine binoculars, two shotgun locks, four rifle locks, and two locking truck bed covers. Mayor Higgins
invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:
None. Motion carried.
3.Motion Consideration: Public Defender Agreement Amendment—John Pietro
It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and
execute the Public Defender amendment. After Mr. Pietro briefly explained the proposed amendment,
Mayor Higgins invited public comment. No comments were offered. Vote by Acclamation: In Favor:
Unanimous. Opposed:None. Motion carried.
NON-ACTION ITEMS:
4.Marketing Report—Mike Basinger,Lesli Brassfield
Economic Development Manager Basinger introduced recently hired Economic Development Specialist
Lesli Brassfield. Via her PowerPoint, Ms. Brassfield went over the prior marketing efforts, including the
contract with MDI Advertising from 2012-2015; the local campaign to improve the City's image, use of
video, audio, display ads, and local TV, radio and print media; she then went over the current marketing
contract and the results of the published Request for Qualifications which resulted in Atlas Advertising
being awarded the marketing contract in June of 2016; she mentioned Atlas' five-year marketing plan and
the foundation for that plan,went over the four key areas of the plan and then went over each of the seven
key strategies of the plan, and showed three testimonial videos. [Councilmember Collier arrived at 6:43
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p.m.] Council and staff discussion included mention of support for new events, ideas and how to attract
those; enhancement of CenterPlace especially outdoors; working with other economic development
partners; looking at vacant property; the idea of having a hotel near and within walking distance to
CenterPlace; and mention from Ms.Brassfield of brainstorming with the public to determine their interests.
City Manager Calhoun stated that the improvements to CenterPlace were included at last June's budget
workshop, and include some changes to the landscape to make walking easier along the back side, as well
as to enhance events like Valleyfest. Mr. Basinger noted that we are looking for ways to make each event
successful, like electricity for the food event, or maybe strategically placed fencing, or restrooms and
lighting. Mr. Basinger also noted that staff has spoken with the Chamber of Commerce and he recently
introduced them to Ms. Brassfield; he stated that he also met with Visit Spokane last week and discussed
regional branding efforts.
5.Health District,Parental Rights—Erik Lamb,Anthony Bandiero
Deputy City Attorney Lamb stated that Council had asked staff to research the topic of parental rights of
unvaccinated students during an outbreak at school. Mr. Lamb emphasized that the City has no authority
or control over school districts or the health district or whether students are excluded;that we are a separate
entity and this issue is determined by the local health district. Mr. Lamb then introduced Legal Intern
Anthony Bandiero who went through the PowerPoint presentation explaining the student vaccination
requirements at local schools, circumstances where unvaccinated students may be excluded from school,
and the legal obligations of schools to educate excluded students. Mr. Bandiero also explained the
vaccination requirements and the three recognized exemptions,i.e. for medical,personal or philosophical,
or religions reasons; he mentioned that non-exempted students must also keep up-to-date with their
vaccination schedule, and that schedule is set by the Washington State Board of Health. Mr. Bandiero
discussed what constitutes an "outbreak" and that school districts have no say in whether to exclude
unvaccinated students, as that is solely at the discretion of the local health officer; and he mentioned that
students may receive the vaccine and be allowed to return to school immediately; and that changes to the
current process would require legislative amendments.
Councilmember Pace said he would like to explore this further and set up something to cause a"push back
on the system"; said the problem is that the City has nothing to do with this yet we are the basic government
of the people who live here; said that the Washington State Constitution states that the purpose of
government is to protect the rights of people, and that the current process is not protecting those parental
rights; and he proposed exploring an ordinance that declares within the City limits of Spokane Valley,that
no government or quasi-government jurisdiction or agency can usurp or undermine parental rights for their
children's healthcare and education. Councilmember Haley said she has a daycare, and the purpose of the
vaccination rule is to protect the medically fragile or children with health problems who can't be vaccinated.
Discussion included comment that once vaccinated students may immediately return to school; shedding
of the disease;exemptions;the suggestion to have our lobbyist push this item; and comment from Attorney
Lamb that we are not the Health District's legal counsel so he cannot speak about legal issues and liability
if a parent knowingly keeps an unvaccinated child in school during an outbreak and whether the student
could come back to the school.Mr.Lamb explained that there is a requirement for schools to provide some
alternative program for those who can't physically attend the school;said the recent mumps outbreak caught
people unaware and they didn't have programs in place; said he realizes if a student misses a month of
school that is a lot of time away; also he recognizes that it is not practical to attend high school until the age
of 21; and said he hopes the school districts are working on solutions in the event this occurs again in the
future.
6. 2018 Legislative Agenda—Mark Calhoun
City Manager Calhoun said this is Council's first touch on the 2018 Legislative Agenda,and that it reflects
a work in progress; said this is also as a result of the collective efforts of the City Attorney and the lobbyists
from Gordon Thomas Honeywell; and that he anticipates there will be changes in subsequent versions as it
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Approved by Council:09-12-2017
normally evolves.Mr. Calhoun said he met and spoke with the lobbyists and legislators today,and they had
some additional comments. In going through the Draft Legislative Agenda:
• Support Legislation Clarifying Valley Water Providers' Water Rights.
Mr. Calhoun said that although there had been some success in meeting needs of some of the local
water districts, the lobbyists said they feel bringing this up in 2018 will likely not be productive
and they recommended removing this from the 2018 agenda and bringing it back in subsequent
years. Councilmembers nodded in agreement.
• Transportation Funding Request: Bridging the Valley,Phase 1 Barker Road,Phase 2 Pines Road
Mr. Calhoun explained that the lobbyists cautioned us not to be too hopeful on these two Bridging
the Valley requests; and the idea is to include one or both as a placeholder to keep before the
legislators; and to have another hard push in 2019;he said the lobbyists feel we should not include
Pines at all in this next session as there have been no grants yet for that project, while we are
working with the Washington State Department of Transportation for something more size-
appropriate to the Barker intersection, which will likely cost less than the previously anticipated
$20 million. Mr. Calhoun explained the funding thus far for Barker and compared that with the
estimated cost for the Pines project; adding that we are hopeful we will know by the end of this
year how to proceed on the Pines selection,and that we will be applying for federal grants as well.
Mr. Calhoun said the idea is to keep the Barker Road project,and once that is accomplished,Pines
would move to the top and Park would move up,which will also help us tackle these one at a time.
Council concurred.
• Pass a Capital Budget: Funding for Appleway Trail Park Amenities
Mr. Calhoun said it was recommended to keep this and incorporate the Hirst issue into this item.
Council concurred.
• Protect the Local State Shared Revenues
Mr. Calhoun explained about local state shared revenues and streamlined sales tax mitigation, as
well as the Marketplace Fairness Act. There was Council concurrence to keep this as stated.
• Abandoned/Foreclosed Homes
Mr. Calhoun said the lobbyists recommend we keep this since there was legislative success on
abatement properties in 2016. Council agreed.
• Indigent defense Funding
Mr. Calhoun said that the lobbyists also recommend we keep this item, and Council agreed.
• Protect Businesses by Reforming State Regulatory Burden
Council also agreed to keep this item.
Mr. Calhoun said that this item will come back to Council again with a reiteration of changes as a result of
tonight's meeting. Council agreed.
7. Transportation Improvement Program 2017 Amendment#2
This item was for information only and was not reported or discussed.
8.Advance Agenda—Mayor Higgins
Councilmember Pace said he wants an ordinance regarding parental rights,to declare that within the City
limits of Spokane Valley,no government or quasi-government or agency can usurp or undermine parent's
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authority over responsibility of their children's health care and education decisions;said he wants to include
that the Health District Officer won't be able to make exclusion orders although could make
recommendations; but the parents decide what to do. At least two other Councilmembers agreed.
Councilmember Haley said she would like an approximation of how much it cost to do this research; said
less than 5%of the people in Spokane County are not vaccinated,and we are spending 95%of the people's
money on this topic.At least two other Councilmembers agreed.
9. Council Check-in—Mayor Higgins
Deputy Mayor Woodard said that by invitation and standing in for Mayor Higgins who couldn't attend,he
flew to Nebraska on a tanker run with Colonel Samuelson;he spoke highly of the branches of the military;
said the briefings he received were impressive; and he mentioned that it was a great opportunity, adding
that he personally paid for the flight.
10. City Manager Comments—Mark Calhoun
City Manager Calhoun reminded everyone that there will be no Council meeting next week, September 5,
2017,as some administrative reports are not yet ready; said the Appleway Trail Sullivan to Corbin project
went out to bid,and as all bids received exceeded the engineer's estimate, likely because of the lateness in
the construction season,we will reject all bids and re-bid for construction in 2018.Mr. Calhoun also stated
that as the City Hall project progresses,we will likely have two September Council meetings in this room
without video recording,as the equipment will be moving to the new City Hall;he added that the Clerk will
take minutes and there will be an audio recording;he said we will issue media releases when we know the
dates. Mr. Calhoun also noted that throughout the move we will continue to have phones, 9-1-1 will
continue to function as will Crime Check and the City's website,although some links on the website likely
won't work;the building will be manned during normal business hours,and we will likely have a reception
desk here and in the new building; and he noted the closure of City Hall Monday due to Labor Day.Again
Mr. Calhoun noted as we move through this process, media releases will be issued. He also stated he
anticipates a grand opening for the new City Hall during a Saturday in October.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at 7:58 p.m. 1
4!
A .,40,1111F L.R.Higgins,
ristine Bainbridge, City Clerk
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Approved by Council:09-12-2017