2017, 09-12 Formal Format MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, September 12,2017
Mayor Higgins called the meeting to order at 6:00 p.m.
Attendance: Staff
Rod Higgins,Mayor Mark Calhoun, City Manager
Arne Woodard,Deputy Mayor John Hohman,Deputy City Manager
Caleb Collier, Councilmember Cary Driskell, City Attorney
Pam Haley, Councilmember Erik Lamb,Deputy City Attorney
Mike Munch, Councilmember [arrived 6:06 p.m.] Chelsie Taylor, Finance Director
Ed Pace, Councilmember Mike Stone,Parks &Rec Director
Sam Wood, Councilmember Mike Basinger, Economic Development Mgr.
Chaz Bates,Economic Development Specialist
Christine Bainbridge, City Clerk
INVOCATION: In the absence of a pastor, Councilmember Pace gave the invocation.
PLEDGE OF ALLEGIANCE Council, staff and the audience stood for the Pledge of Allegiance led by
members from Cub Scout Troop 485.
ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present except
Councilmember Munch. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to
excuse Councilmember Munch until his return.
APPROVAL OF AGENDA It was moved by Deputy Mayor Woodard, seconded and unanimously agreed
to approve the agenda. [Councilmember Munch arrived at 6:06 p.m.]
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
Mayor Higgins read a statement of acclaim for Ms.Rosalee Jones and for Mr.Douglas Sather,commending
each of them for their years of volunteer service with the community and with the Scouting program, and
of the tremendous positive influence they have brought to so many people,especially the scouts.The Mayor
then gave Ms.Jones and Mr. Sather a City pin,and they were applauded by Council,staff and the audience.
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS
Councilmember Wood reported that he attended the Council of Governments meeting held at the
Fairgrounds and sponsored by Spokane County. Councilmember Collier said that he was a guest speaker at
the opening of Chester Elementary School; and also volunteered at some of the booths at the County Fair.
Councilmembers Munch and Pace had no report. Councilmember Haley mentioned she also attended the
Council of Governments Meeting. Deputy Mayor Woodard said he too attended the Council of
Governments meeting; went to the Hasse Car Show; attended a Chamber government affairs Committee
meeting where Senator Padden was a guest speaker who said he anticipated another special session before
the end of the year, and said they are working on a fix for the Hirst Decision, which concerns water and
drilling of private wells.
MAYOR'S REPORT
Mayor Higgins said he attended the Clear Air meeting and that for three consecutive days the air quality
was in the danger zone; adding that the smoke has not entirely cleared; said he attended the Council of
Governments meeting also,as well as the Hasse car show.
Minutes Regular Council Meeting:09-12-2017 Page 1 of 6
Approved by Council:09-26-2017
PROCLAMATION: Constitution Week
After Mayor Higgins read the proclamation declaring the week of September 17-23 as Constitution Week,
it was accepted with thanks from Ms. Jennie Willardson on behalf of the Washington State Daughters of
the American Revolution (DAR), as well as the Spokane Chapter and other members of the local DAR
Chapter.
PUBLIC COMMENTS: Mayor Higgins explained the procedure for giving public comments; and then
invited general public comments.
Ms. Sylvia Passe, Spokane Valley: she read her letter/email she previously sent to the Council and Mayor
last July, said as a member of SCOPE,they procured a reader board for their building in order to advertise
upcoming events, and that the permit for the board was $102.50; said they had asked the City about the
possibility of waiving that fee; said she understands the laws about not being able to waive such a fee, and
said that the City paid for the permit for them; and she extended her thanks for the Council's support of
SCOPE and what they do.
Ms. Jill Collier, Spokane Valley: she spoke in support of a parental rights proposal that was put on the
advance agenda a few weeks ago; she expressed her thanks for Council's willingness to listen to this
conversation; said parents don't need government, or school boards or health boards to tell them what to
do; said this is not just a matter of health decisions and vaccinations, but more of raising their children as
they see fit; said she heard that the City should not be involved, but that she feels it is applicable for our
representatives to step forth; and she commended Council's willingness to listen and to put this forth as a
city issue.
Dr.Bob Lutz, Spokane,and Spokane regional Health District Health Officer: said it is the responsibility of
the local health department to protect citizens and ensure the people can be healthy; he cited several WAC
(Washington Administrative Code) sections dealing with the Health District's duties, such as to ensure
citizens have safe water, on-site sewage systems, and enforce the public health statutes of the State to
control and prevent spread of infectious and/or dangerous diseases; said the health officer is charged with
the responsibility and can issue exclusion orders in the midst of an outbreak, and can mandate that those
students are excluded from school; said this authority is not taken lightly and is in place to protect others
who cannot be immunized; and he made reference to the previous mumps outbreak.
Ms. Michelle Fossum, General Counsel for Spokane Regional Health District and resident of Spokane
Valley: said she is also a parent; that the Health District is a special purpose district and a stand-alone
governmental entity;that their board consists of twelve individuals,nine of whom are elected officials;said
their purpose is to protect the health of the community as a whole,and not any individual;said the authority
is derived from the Washington State Constitution and the State Statutes, and she specifically mentioned
Article 11 Section 11; said the State Supreme Court has given them a direct delegation of police power;
said there are many occasions where the District acts and the community doesn't see what occurs; such as
controlling people who are infectious with TB or HIV-Aids or other contagious or infectious diseases; and
again per the State Statutes,said that the Health Officer is reportable to that Board of twelve;and she urged
Council not to pass an ordinance that is in conflict with state law and the State constitution, or do anything
that will confuse the issue when there is an outbreak; said this time it was mumps, but it could be TB or
Ebola.
Ms. Megan White, Spokane Valley: she spoke in support of parental rights and parental choice; she said
that extends to education and not just health;said parents are trying to make the best choice for their children
and they watch government trying to take those choices away about how they teach and what they teach
their children;said she values that Council is open to this dialogue and she appreciates the openness,adding
that this is not an isolated issue; and said children should be allowed to get the education they deserve.
Minutes Regular Council Meeting:09-12-2017 Page 2 of 6
Approved by Council:09-26-2017
Ms.Kebby Johnson, Spokane Valley; said that Article IX of the Washington State Constitution makes it a
duty to have ample provisions for education for all children and said that all schools should be free from
sectarian control or influence and that sectarianism is a form of bigotry,which she said she feels is becoming
the case between vaccinated and unvaccinated; said it should not be the same for every infectious disease.
Ms.Kayloni Bonner,Spokane Valley: said she supports the parental rights proposal;that the Health District
is an arm of the government;and if the Health District wants to impinge on parents'rights,local government
needs to step in and protect; said the foundation of our nation is not majority rule and is not founded on
democracy, but on individual liberty and limited government; she spoke of children being denied an
education during the mumps fiasco, adding that injections have known and unknown side-affects; and that
it is wrong and she asked Council to be bold and consider the minority.
Jaclyn Gallion, Spokane Valley: spoke in support of a parental rights ordinance; said she knows what is
best for her child better than anyone else, and not just for health but for education as well; said parents
should be allowed to say which classes their kids take or not, especially sex education should not be a
graduation requirement; said the school should be included on the decision but the parents should have the
right to a final say on school curriculum, discipline and teaching methods; and she asked Council to be
bold.
Carolyn Gallion, Spokane Valley: also spoke in support of parental rights and she asked Council to be bold
and listen to the parents; said she feels less government is more and that parents know what is best for their
children; said her grandchild was shamed last year by the school district and she sees the pain in those
children when one of their students committed suicide over this vaccination issue and the school didn't do
their best in educating them; and said she hopes Council listens.
Ms. Erin Kranzler, Spokane Valley: she spoke in support of the parental rights ordinance being proposed;
said one shoe does not fit all; and it is her child, and her choice.
Mr. Jeff Beaulac, Spokane Valley: said the child of a friend of his couldn't be vaccinated, but because of
herd immunity, the child will be safe; said moving this forward would put children who cannot get
vaccinations, at risk; and said that it is shameful; said not a lot has changed in the past six months about
vaccinations, but it is peculiar this is coming up so close to an election and said some are trying to make
this a hot button issue; he urges Council to oppose this sort of resolution as an example that we are playing
politics with our children's life; said some push the narrative that vaccinations don't work and he
encouraged someone to show him evidence; said there are concerns but there is no evidence that
vaccinations don't help children; and said the autism claim associated with vaccinations has been shown to
be not true; said this should be voted down as children's safety is paramount.
Mr.Chris Jackson,Spokane Valley: said in high school civic courses,discussion of the Constitution always
includes rights and responsibilities; and with those rights comes responsibilities to the community and the
safety of other children; said we need to decide is it the government's job to intervene in certain situations,
like neglect or abuse or when the individual parent isn't doing their due diligence; said we need to think
about the affect to others in the society; said a surgeon takes care of a broken leg and we should consider
that professional's opinion; that there are rights, but what is our responsibility to the greater good in the
community.
Ms. Nina Fluegal, Spokane Valley: said her kids and grandkids have been inoculated; said that when she
was a child she wasn't given a choice;we want to get rid of polio,mumps,etc.;said there is a responsibility
to our own family but also to other people's children; said we have to look at the long run and what is
coming back because people aren't inoculating their children; said the majority of kids don't have side-
effects; said there are always pros and cons but we need to outweigh the pros over the cons as we want to
Minutes Regular Council Meeting:09-12-2017 Page 3 of 6
Approved by Council:09-26-2017
eradicate these massive diseases; said we rely on those health boards as we don't know enough about
medicine as we don't deal with it daily.
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 Sept 12, 2017 Request for Council Action Form,Total: $2,508,654.78
b.Approval of Payroll for Pay Period Ending August 31,2017: $420,913.14
c.Motion to Set 2018 Budget Hearings
d.Approval of August 15,2017 Study Session Council Meeting Minutes
e. Approval of August 22,2017 Special Council Meeting Minutes,Legislative Meeting
f. Approval of August 22,2017 Council Meeting Formal Format Minutes
g.Approval of August 29,2017 Study Session Council Meeting Minutes
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
2.PUBLIC HEARING: 2018 Budget Revenues(including property tax)—Chelsie Taylor
Mayor Higgins opened the public hearing at 6:52 p.m. Finance Director Taylor went through her
PowerPoint presentation explaining about the estimated 2018 revenues and expenditures, and gave a
summary of the budget funds,as well as the funding challenges and upcoming Council budget discussions,
noting the next hearings are set for October 10 and November 14. Ms. Taylor also noted an error on slide
9 as the total revenues exceed the total 2018 recurring and nonrecurring expenditures so we don't have a
deficit,but rather than a surplus. Councilmember Munch asked about the telephone utility tax,which Ms.
Taylor explained that it began in 2009 with$3 million in revenue. Councilmember Munch also asked how
many years we had position inflation of 2% or more, and Ms. Tylor said she would have to research that
information. Mayor Higgins invited public comment. Mr. Tony Lazanis, Spokane Valley said he didn't
quite understand about the mention of the property tax. Mr. Calhoun explained that that discussion was
referring to state legislator's budget decision and the McCleary decision to fully fund schools, and that the
state adopted a program that raises property taxes state-wide in 2018, but reduces them in 2019. Mr.
Calhoun said that is not a City or a County decision, but was done through the legislators. There were no
further public comments and Mayor Higgins closed the public hearing at 7:08 p.m.
3. PUBLIC HEARING: 2017 Amended Transportation Improvement Program (TIP)—Mike Basinger,
Adam Jackson
Mayor Higgins opened the public hearing at 7:09 p.m. Economic Development Manager Basinger
mentioned the copy of the latest version of the draft amended 2017 TIP which was distributed earlier tonight
to Council; and mentioned the sidewalk project on Wellesley; he explained that having these projects on
the TIP permits us to spend City REET (real estate excise tax) funds. Mr. Basinger also noted that the
sidewalk project is funded by the WSDOT(Washington State Department of Transportation) Safe Routes
to Schools Fund and will allow staff to do the preliminary engineering over the winter months; adding that
the estimated engineering cost is $20,000. Mayor Higgins invited public comment; no comments were
offered and Mayor Higgins closed the public hearing at 7:12 p.m.
4. Proposed Resolution 17-016 Amending 2017 TIP—Mike Basinger,Adam Jackson
It was moved by Deputy Mayor Woodard and seconded to approve resolution 17-016 adopting the 2017
amended TIP. Mayor Higgins invited public comment;no comments were offered. Vote by Acclamation:
In Favor: Unanimous. Opposed:None. Motion carried.
OTHER NEW BUSINESS:
5. Motion Consideration: Janitorial Contract—Erik Lamb
It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager or designee to
finalize and execute the Janitorial Services Agreement with Argus Integrated Services, LLC. Deputy City
Minutes Regular Council Meeting:09-12-2017 Page 4 of 6
Approved by Council:09-26-2017
Attorney Lamb explained that the current City Hall building owner provides janitorial services,but we will
need those services in the new building. Mr. Lamb stated that staff used this opportunity to look at the
existing janitorial services provided at its other facilities to see if it could achieve cost savings by combining
services for one or more of the facilities; said the RFP (request for proposal) process was used to solicit
proposals for janitorial services for one or more of the four City owned facilities, i.e. the new City Hall,
CenterPlace, the Police Precinct, and the City's Street and Stormwater Maintenance Shop; and as part of
the RFP, the City reserved the right to award the contract to a service provider for one or more of the
facilities. After Parks & Recreation Director Stone talked about our responses and recommendations for
providing quality janitorial service, Councilmember Collier asked about the process and just doing one
contract for ABM, one for Argus, and not lumping them all together, and Councilmember Munch agreed.
Mr. Lamb explained that our current contract with ISS for CenterPlace doesn't expire until April 2019.
Mayor Higgins invited public comment. Mr.Tony Lazanis: said he feels having a city employee would be
better instead of using a contract.There were no further public comments.Discussion ensued about having
three separate contracts, checking references on ABM, and hiring two to three employees to handle
janitorial services, and Mr. Calhoun said adding staff would also mean paying for benefits and they would
be required to be in the union, so the cost would be greater. Mr. Stone added that they are also asking the
contractor to provide materials. It was moved by Councilmember Munch and seconded to change the
proposal to include only city hall for the award of janitorial services. Further discussion ensued about the
pros and cons of splitting the contract, of managing several contracts, and of the cost difference by using
one contractor for all services, except CenterPlace, and if we are not happy with the company we choose,
there is a ninety-day termination notice clause in the contract. Vote on the amended motion:In Favor:none.
Opposed: Unanimous. Motion failed. Vote on the original motion to authorize the City Manager to finalize
and execute the Janitorial Services Agreement with Argus:In Favor: Unanimous. Opposed:None. Motion
carried.
Mayor Higgins called for a recess at 7:39 p.m.; he reconvened the meeting at 7:53 p.m.
PUBLIC COMMENTS: Mayor Higgins invited general public comment.
Miss Peggy Doering: reminded everyone of Valleyfest coming up September 22; that the parade will be on
Sprague Avenue, and they are very excited about this year's festival, and she wanted to make sure the
community knows they are all invited. Mr.Bill Gothmann:spoke with enthusiasm about the many wonderful
things our community has, such as bike-friendly streets,Appleway Trail,nice schools and community parks,
trails, and the New City Hall.
ADMINISTRATIVE REPORTS:
6. Red Cross Household Emergency Kits—Mark Calhoun; Red Cross Rep Megan Snow
City Manager Calhoun introduced Ms. Megan Snow,American Red Cross Executive Director,who is here
in response to Councilmember Munch's previous request to receive information on this topic. After Ms.
Snow went through her PowerPoint presentation explaining about Red Cross preparedness,Councilmember
Munch suggested the Red Cross partner with the City in getting out a mailer. City Manager Calhoun noted
the"links"on her PowerPoint are actually apps for cell phones,and mentioned that we have the Red Cross
linked at the top of our website. Council thanked Ms. Snow for her informative presentation.
7. Draft Ordinance Adopting 2018 Property Taxes—Chelsie Taylor
Finance Director Taylor went over the background of the 2018 levy and estimated rate per $1,000 of
assessed value, all as noted in her September 12,2017 request for Council Action Form.
8. Retail Recruitment—Mike Basinger, Chaz Bates
Per his PowerPoint presentation, Mr. Bates explained about retail recruitment and retail improvement
strategy including the purpose and proposed actions to strengthen Spokane Valley's image as a retail
destination; he mentioned the financial impact, and the recruitment request for qualifications process, and
noted we received a response from two companies: Buxton and from Retail Strategies. Councilmember
Minutes Regular Council Meeting:09-12-2017 Page 5 of 6
Approved by Council:09-26-2017
Munch noted he likes the concept to grow the base. Mr. Basinger added that this is more of a long term
effort;that they want to identify through data what we have for assets and then find the gaps.
9. Advance Agenda—Mayor Higgins
Council had no suggested changes to the Advance Agenda.
CITY MANAGER COMMENTS
City Manager Calhoun noted that next week's Council meeting will be held in the current building, and
will include presentations from twenty-four applicants vying for outside agency funding; he noted much of
the Council Chamber's equipment will be moving beginning tomorrow,so we will have an audio recording
but there will be no video for next week's meeting; he said that beginning September 26, all the Council
meetings will be held at the new City Hall; noting that September 18 the new City Hall will officially be
open for business. Mr. Calhoun said that the new City Hall Building's open house is currently scheduled
for Saturday October 14,from 9:30 a.m.to 2 p.m.,and more details will be forthcoming. Mr. Calhoun also
noted that TIGER and INFRA federal grants will be sought for both the Barker and Pines separation
projects; said the application process is very complex and time consuming and we will have a consultant to
assist us. Concerning the library,Mr. Calhoun noted that there will be an open house at the new City Hall
September 28,from six to eight p.m.which will give staff an opportunity to explain the library issue to the
community; he said there will be about a 45-minute program, followed by a question and answer session,
and media releases will be issued soon.
EXECUTIVE SESSION
10.Pending Litigation [RCW 42.30.110(1)(i)1
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into executive
session for approximately thirty minutes to discuss pending litigation and that no action will be taken upon
return to open session. Council adjourned into executive session at 8:53 p.m. At 9:11 p.m. Mayor Higgins
declared Council out of executive session,at which time it was moved by Deputy Mayor Woodard,seconded
and unanimously agreed to adjourn. The meeting adjourned at 9:11 p.m.
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Minutes Regular Council Meeting:09-12-2017 Page 6 of 6
Approved by Council:09-26-2017
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, September 12, 2017
6:00 p.m. Regular Meeting
GENERAL CITIZEN COMMENTS
SIGN-IN SHEET
YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES
This sign-in sheet is for making comments not associated with an action item on tonight's
agenda. If you wish to comment about an individual action item on tonight's agenda (such a
a otion to approve an ordinance, resolution, or contract) the Mayor will ask for comme s
on •i ose items once that item is reached on the agenda.
Please sign in if you wish to make public comments.
NAME TOPIC OF CONCERN YOU YOUR CITY OF ' . IDENCE
PLEASE PRINT WILL SPEAK ABOUT
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Rosalee served her community as a Teacher at Opportunity Elementary School in
Spokane from 1955 until the birth of her son in 1962. Seven years later, we see her as
an experienced Den Leader, then a Cub Committee Member and subsequently a
Committee Chair. She probably did not foresee that her career in Scouting would span
48 years of dedicated, capable service. Those years were intertwined with her work at
Evergreen Middle School as a friendly lunch lady. She was also employed as a caring
teacher in the EM resource room. An organizer for each District Award Banquet, she
simultaneously served in her Cub Scout Pack. Not surprisingly, she received the District
Award of Merit, in 1978; and later was awarded the prestigious Silver Beaver in 1983.
She retired from public school in 2002, spending the following 22 years leading and
mentoring adult Cub Leaders as Grizzly District Round Table Commissioner. Presently,
1 she uses gentle humor and respect to share her experience in monthly leadership
meetings. We thank her today for the tremendous influence she has brought to bear
in Grizzly District. She has steadily fostered success across 3 generations of Cub
Scouting
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Doug Sather has been active in Scouting for over 50 years. His home troop 65, 1
of Millwood Presbyterian Church, welcomed him as a Cub Scout in 1948.
Scouting into adulthood, he married Karen, and they made scouting a family
value. Doug scouted with his son Shawn, volunteering as a Cub Leader.
Eventually he served as Cub Master in Pack 430. He served in that capacity
until his son moved up into the Scout troop, where Doug provided additional
dedicated leadership. Eventually, he made himself available again to Cub
scouting with his second son, Chris. By the time 1994 rolled around, decades I
later, he had become a solid leader. He then served in troop 4473 for 15 years
as advancement chair. To date, he has accrued 20 years of service on the
Eagle Board of Review for Grizzly District. In addition, he has been dedicated
to the success of Wood Badge in our council, serving on each Wood Badge
Course held from '82-2001. He held multiple roles throughout, including that
of Course Director in 1991. He received the Grizzly District Award of Merit in
1979. To his great surprise, he was also awarded the Silver Beaver in 1989.
He and Karen count 47 years together in scouting, as she supports him in his
work. For the past 15 years, he has loyally fostered success in the Grizzly
District through his exceptional service as a Cub Round Table Commissioner.
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Talking Points
Proposed Ordinance Protecting Parental Rights
On Tuesday, September 29th, at the Spokane Valley City Council meeting I placed an item on the Advanced Agenda
with support from the requisite number of Councilmembers.
This future agenda item proposes an ordinance that protects the rights of parents to have complete authority over,
and responsibility for, decisions regarding their children's health care, education and other areas of life.
The proposed Parental Rights ordinance is in response to City of Spokane Valley constituents.They expect us to live
by our oath of office in which we promise to"uphold and defend"the U.S. and Washington State constitutions.The
Washington State Constitution says in Article I - Declaration of Rights, Section 1 that"...[governments] are
established to protect and maintain individual rights."We are a City government, therefore it is the City Council's
responsibility to protect the rights of parents.
The proposal I made said, "Within the City limits of the City of Spokane Valley, no government entity(e.g. County or
State), agency(e.g. County Health District), or municipal corporation (e.g. school districts) may usurp or undermine
parents' authority over and responsibility for their children."
The following draft DECLARATION OF PARENTAL RIGHTS contains a set of talking points for community and
private discussions:
1st DRAFT -DECLARATION OF PARENTAL RIGHTS: No government entity or agency or municipal corporation
may usurp or undermine parents' authority over, and responsibility for, their children. Parents have authority over and
responsibility for their children in all areas of life including, but not limited to,the following...
*Vaccination: Parents-not public health officials, healthcare professionals, school authorities or government
agencies-have complete authority for deciding whether or not to vaccinate their children.
*School Exclusion During Disease Outbreaks: Parents-not public health officials or school authorities-have
complete authority to decide whether or not to keep their children home during a disease outbreak or epidemic.
*Education: Parents-not education professionals, school administrators, teachers' unions or government agencies
have complete and final authority over, and responsibility for, decisions regarding education venues, curriculum, and
teaching methods.
*Healthcare: Parents have the right to know about, and make decisions on,their minor children accessing any type of
healthcare counseling, education or services including, but not limited to, vaccination, reproductive health, birth
control or abortion.
*Privacy: Parents have the right to protect their minor children from the presence of adults or any"transgendered"
person in traditionally gender-segregated facilities such as restrooms, changing rooms or locker rooms.
Ed Pace, Councilman
City of Spokane Valley
509-570-4394