2008, 06-10 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, June 10, 2008
Mayor Munson called the meeting to order at 6:05 p.m., and welcomed everyone to the 138th meeting.
Attendance:
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Steve Taylor, Councilmember
Gary Schimmels, Councilmember
Absent:
Diana Wilhite, Councilmember
City Staff:
Dave Mercier, City Manager
Mike Connelly, City Attorney
Ken Thompson, Finance Director
Neil Kersten, Public Works Director
Kathy McClung, Community Dev. Director
Mike Stone, Parks & Recreation Director
Mike Jackson, Deputy City Manager
Steve Worley, Senior Engineer
Cary Driskell, Deputy City Attorney
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: Pastor Al Hulten, of Valley Assembly Church, gave the invocation.
PLEDGE OF ALLEGIANCE: At Mayor Munson's request, a member of Boy Scout Troop 423 led the
Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present except
Councilmember Wilhite. It was moved by Deputy Mayor Denenny, seconded, and unanimously agreed to
excuse Councilmember Wilhite from tonight's meeting.
SPECIAL RESOLUTION: Councilmember Dempsey read a resolution ending winter as of tomorrow
morning. It was moved, seconded, and unanimously agreed to approve the Resolution.
APPROVAL OF AGENDA: It was moved by Councilmember Taylor, seconded and unanimously
agreed to approve the amended agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Munson welcomed
members of Boy Scout Troop #423.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Gothmann: reported that he attended a SNAP meeting where they discussed the "re-
branding" of their organization, that the first meeting of the Panhandling Committee was also held, and
was attended by Deputy City Attorney Driskell who gave the committee members information regarding
legal aspects and choices concerning panhandling,; and he attended the Liberty Lake State of the City
Address.
Councilmember Dempsey: explained that she attended the Prayer Breakfast, the Panhandling Committee
meeting, and the Washington State Board of Education meeting
Deputy Mayor Denenny: mentioned he attended the Regional Health District meeting and that they
continue the search for an executive medical director.
Councilmember Taylor: stated that he was on vacation last week, but did attend the Mayor's leadership
prayer breakfast; and the meeting of Spokane Regional Affordable Housing Task Force; and mentioned
Council Regular Meeting: 06 -10 -08 Page 1 of 5
Approved by Council: 06 -24 -08
that as of this Friday, he will no longer be employed with the Homebuilders Association, and has
accepted another job with a public company in the area.
Councilmember Schimmels: said that he attended the East Valley School District Meeting, and mentioned
the art class presentation which had about twenty -five entries, one of which received a first place award
and will be placed in the Cannon Tunnel in Washington, D.C. which is the walkway inside the U.S.
Capitol building through which members of Congress, congressional staff, lobbyists and the general
public enter.
MAYOR'S REPORT: Mayor Munson reported that he attended the initial meeting for the panhandling
committee and gave the committee their charge; he attended the Veteran's Home Halfway House in East
Spokane; the Climate Advisory Board Meeting; the Prayer Breakfast; met with two citizens to discuss
developing neighborhood councils; attended the Spokane Transit Authority Operations meeting where
they discussed new busses and new routes; he hosted the Northeast Mayor's Association meeting in
Spokane Valley; while in Seattle attended an initial meeting of CTED (Community Trade and Economic
Development) and that a committee was formed of elected and appointed officials and members from the
private sector to examine the laws passed last year, and to address applying climate change considerations
to the Growth Management Act; he attended a local broadcast about giving some engraved pieces of
cement to the Valley Museum, that the pieces were part of Highway 10 extending from Seattle to
Minneapolis, and were laid in 1919. Mayor Munson also mentioned that Harry Sladich called him to
explain he would like Council to hear about a proposal to have a jazz festival associated with Valleyfest,
and Mayor Munson suggested that perhaps Council could hold another round of applications for Lodging
Tax funds, and added that Mr. Sladich is uncertain if there is ample time to hold such a festival this year,
and he is waiting to hear from Valleyfest as well.
Brief discussion ensued concerning opening the application process for lodging tax funds, of the surplus
funding in that account, and that the funds can now be used in a broader extent then the marketing intent
previously authorized. Mayor Munson said that Mr. Sladich does not have a formal proposal yet and that
he is scheduled to address this issue at an upcoming council meeting.
PUBLIC COMMENTS: Mayor Munson invited general public comment.
Steve Trabun, 1918 S Stanley: explained that he spoke several weeks ago concerning outdoor lighting,
that he received a response from Community Development Director McClung, and that he now submits
another letter to request an amendment to the City of Spokane Valley Uniform Development Code, Title
22, Outdoor Lighting Standards, and asked if Council would consider directing City staff to amend the
ordinance language to include one and two - family dwellings; he said he was informed that he could
initiate the code amendment process by paying a $700 application fee, but that asking Council to direct
staff to make a code amendment is his preferred choice. This prompted Council discussion concerning
the process and his issue, and Mayor Munson suggested staff report back to Council concerning the most
appropriate way to consider this request.
1. PUBLIC HEARING: Proposed 2009 -2014 Transportation Improvement Program (TIP) Steve Worley
Mayor Munson opened the public hearing at 6:32 p.m. and invited Engineer Worley to the podium. Mr.
Worley explained that state statute requires that a public hearing be held in preparation to adopt the six
year transportation improvement program (TIP); and that the attached draft 2009 -2014 plan has been
revised slightly from the one presented at the May 6 study session; and as a result of the passing of the
Spokane Transit Authority (STA) 0.3% sales tax levy, five projects are now listed as "secured" for
funding; i.e. Pines /Sprague Intersection, Evergreen Sprague Intersection, Indiana/Sullivan intersection,
McDonald Sprague intersection, and Broadway Sullivan intersection. Mr. Worley also distributed copies
of an updated "Capital Improvement Program Funding Problem Statement #3" showing the 2009 -14
secured projects. Mr. Worley also mentioned the increased amount of funding to the STEP (septic tank
Council Regular Meeting: 06 -10 -08 Page 2 of 5
Approved by Council: 06 -24 -08
VOUCHER LIST
DATE
VOUCHER #s
TOTAL VOUCHER
AMOUNT
05/08/2008
Beginning w/ #14352, ending w/ #14467
2,022,495.68
05/20/2008
Beginning w/ #14468, ending w/ #14554
514,345.31
05/30/2008
Beginning w/ #14555, ending w/ #14652
836,818.20
GRAND TOTAL
$3,373,659.19
elimination program) and said that there are three remaining years in the program, and they are getting
into neighborhoods now that are larger with wider roads, and in some places a different curbing which
causes costs to increase for full -width paying; and that in anticipation of those costs, they have increased
the funding to STEP from the previous draft; and those changes are seen in yellow highlighted areas on
the Problem Statement #3 handout. Mayor Munson invited public comment; no comments were offered
and Mayor Munson closed the public hearing at 6:44 p.m.
2. PUBLIC HEARING: State Performance Audit Report on Public Records — Justin Flaa, Performance
Audit Manager of Washington State Auditor's Office
Mayor Munson opened the public hearing at 6:44 p.m. and invited Mr. Flaa to the podium. Mr. Flaa
expressed thanks for the opportunity to explain this audit performance process, and said that this is the
first of this type to impact the City of Spokane Valley; that this audit focused on the openness of
government and customer service in dealing with public records requests; that they examined ten cities,
ten counties, and ten state agencies and monitored the responses to public record requests to determine
compliance; that the State Auditor's office had four findings, and none affected Spokane Valley, and said
that Spokane Valley ranked first regarding timeliness in responses, and was at the top along with other
entities, in conformance. Mr. Flaa explained that a requirement of Initiative 900 is that entities hold a
public hearing within thirty days of the issuance of the Report, and then to generate a report by July 1 of
each year to address the findings. Mayor Munson invited public comment; no comments were offered.
City Manager Mercier mentioned that City Clerk Bainbridge is the public records officer, and that she
works closely with many other members of staff to coordinate document retrieval, and that Deputy City
Clerk Carrie Acosta maintains a database to document all the requests. Council expressed their
appreciation to the entire staff for making this a successful effort. Mayor Munson closed the public
hearing at 7:01 p.m.
3. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Approval of following claim vouchers:
b. Payroll for Pay Period Ending May 15, 2008: $220,469.67
c. Payroll for Pay Period Ending May 31, 2008: $312,527.43
d. Approval of Resolution 08 -012 Setting Planning Commission July 10, 2008 Public Hearing for
Street Vacation Request STV 01 -08
e. Storm Drainage Easement — Cary Driskell
f. Approval of Meeting Minutes of May 6, 2008 Council Study Session
g. Approval of Meeting Minutes of May 13, 2008 Council Regular Meeting
h. Approval of Meeting Minutes of May 20, 2008 Council Executive Session Special Meeting
i. Approval of Meeting Minutes of May 20, 2008 Council Study Session
It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the Consent
Agenda.
Council Regular Meeting: 06 -10 -08 Page 3 of 5
Approved by Council: 06 -24 -08
NEW BUSINESS:
4. Proposed Resolution 08 -013 Delegating Signature Authority for Utility Memorandum of
Understandings — Mike Jackson
At Mayor Munson's request, City Clerk Bainbridge read the resolution title, followed by a motion by
Councilmember Taylor, which was seconded, to approve Resolution 08 -013 delegating authority to the
City Manager or designee to execute utility agreements related to city street capital projects. Deputy City
Manager Jackson explained that there was Council consensus at the March 18 study session to place this
item as a future agenda item for motion consideration; that in the past, Council reviewed and approved
individual utility memorandum of understandings related to street capital projects, but to streamline this
process, staff suggests Council delegate this authority to the City Manager, thus saving the time of
developing the RCA and presenting the item to Council. Mayor Munson invited public comment; no
comments were offered. In response to Councilmember Taylor's question, Mr. Jackson confirmed that
there have not been any problems with past agreements. Vote by Acclamation: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried.
5. Motion Consideration: Barker Road Bridge CH2M Hill Contract Amendment — Steve Worley
It was moved by Councilmember Taylor and seconded, to authorize the City Manager or designee to
amend the current contract with CH2M Hill to include construction management services in the amount
of $560,000. Engineer Worley related some of the history of the Barker Road Bridge Project and said that
CH2M Hill has been the City's engineering and environmental consultant for the design of the project,
that the City has hired a bridge inspector for on -site observations but additional assistance is required to
manage the construction contract in accordance with federal requirements. Mayor Munson invited public
comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
PUBLIC COMMENTS Mayor Munson invited general public comment; no comments were offered.
ADMINISTRATIVE REPORTS:
6. Transportation Benefit District Update (TBD) — Cary Driskell
Deputy City Attorney Driskell explained that this is the fifth opportunity to discuss the Transportation
Benefit District as a potential funding option for street work; that he previously provided a draft ordinance
which is also included in tonight's materials, and mentioned that he met with representatives from the
Association of Washington Cities and the Association of Washington Counties, and the Spokane
Regional Transportation Commission regarding methods to implement a TBD, and with Council
concurrence, said he will continue to work with those groups and bring future reports to Council. Council
agreed.
7. Public Works Customer Service Improvements Plans — Steve Worley/ Neil Kersten
Via a PowerPoint presentation, Public Works Director Kersten updated Council on the Customer Service
Improvement Plan model which was presented to Council last year and which received approval to
increase the CIP staff to four positions; he explained the successful funding received in 2006, filling the
vacant engineering tech position in September 2007, upgrading the vacant Project Engineer position to a
Senior Project Engineer, which position was filled in November 2007, the hiring of an administrative
assistant in December 2007, and the hiring of a senior project engineer, assistant engineer and engineering
technician in January of 2008; which he explained, has provided significant improvement in the ability to
accomplish capital projects. The list of 2008 projects was also shared with Council, which list proved to
be extensive, and which showed a total funded project cost for 2008 to 2011, of over $62 million dollars.
Mr. Worley explained some of the basic components that go into engineering a project, and added that
there will be construction in the next few weeks on such areas as Barker Road Bridge, Pines /Mansfield,
and numerous intersections. Councilmember Taylor commended the work of the members of the Public
Works Department, and stated that Council is aware of the high level of technical experience done by
Council Regular Meeting: 06 -10 -08 Page 4 of 5
Approved by Council: 06 -24 -08
• •
phenomenally well - educated staff in that department. Mr. Worley also briefly mentioned the 24 Avenue
project and of the need to close that road completely so the contractor can grind and mix all at once,
adding that of course, the road would not be totally closed to those residents.
INFORMATION ONLY: 8. Response to Public Comments — Kathy McClung. This item was for
information only and not reported or discussed.
Mayor Munson asked Council if they were amenable to set a meeting with Michael Freedman for July 23
regarding deliberations on the subarea plan, and Council concurred to hold the July 23 meeting beginning
at 6:00 p.m.
There being no further business, it was moved by Councilmember Taylor, seconded, and unanimously
agreed to adjourn. The meeting adjourned at 7:30 p.m.
ATTEST:
i,
Christine Bainbridge, City Clerk
and Munson, Mayor
Council Regular Meeting: 06 -10 -08 Page 5 of 5
Approved by Council: 06 -24 -08
Year 2008
2009
2010
2011 2012
2013 1 2014
RESOURCES:
BEG. BAL
■-i 6/4/20085:28 PM
CAP PROJECTS REET 1
STORM WATER DRAINAGE
COUNTY STEP PROJ. -STORM DRN
GEN. FUND
TOTAL RESOURCES
EXPENDITURES:
PARKS
UNIVERSAL PARK
DEBT SERVICE PYMTS
SPEC. CAP PROJECTS REET 2 $
PARKS CAP. IMPRV. FUND $
INVESTMENT EARNINGS $
CDBG FROM COUNTY $
SPOKANE COUNTY $
STATE - UNIV. PARK $
PARKS GRANT $
ADA, City Cent, Art projects $
2009 -14 secured projects - TIP $
STORM DRAIN IMPROVEMENTS $
BARKER BRIDGE ADDT'L FUNDING $
TOTAL EXPENDITURES $
CARRYOVER TO NEXT YEAR $
City of Spokane Valley - Capital Improvement Program Funding
Problem Statement #3
June 1, 2008
11,000,000
1,000,000
1,000,000
150,000
230,000
1,600,000
800,000
300,000
200,000
70,000 $
16,350,000 $
3,260,000 $
800,000 $
185,000 $
424,000 $
- $
4,724,040 $
300,000 $
- $
9,693,040 $
6,656,960 $
6,656,960 $
1,000,000 $
1,000,000 $
- $
100,000 $
300,000 $
- $
200,000 $
300,000 $
200,000 $
20,000 $
9,776,960 $
800,000 $
200,000
187,000 $
200,000 $
- $
4,402,000 $
300,000 $
767,000 $
6,856,000 $
2,920,960 $
DRAFT
2,920,960 $ 1,003,960
1,000,000 $ 1,000,000
1,000,000 $ 1,000,000
- $
40,000 $
300,000 $ 300,000
$
300,000
200,000
50,000
300,000
200,000
20,000 $ 20,000
5,780,960 $ 3,873,960
165,960
1,000,000
1,000,000
300,000
500,000
$ (42,040)
$ 1,000,000
$ 1,000,000
$ -
$ 300,000 $ 300,000
$ (249, 040)
$ 1,000,000
$ 1,000,000
500,000 $ 500,000
- $ -
20,000 $ 20,000 $ 20,000
2,985,960 $ 2,777,960 $ 2,570,960
580,000 $ 100,000 $ 100,000 $
184,000 $ 185,000 $ 186,000 $
50,000 $ 50,000 $ 50,000 $
3,663,000 $ 3,073,000 $ 2,392,000 $ 2,391,000 $ 2,391,000
300,000 $ 300,000 $ 300,000 $ 300,000 $ 300,000
4,777,000 $ 3,708,000 $ 3,028,000 $ 3,027,000 $ 3,031,000
1,003,960 $ 165,960 $ (42,040) $ (249,040) $ (460,040)
100,000
186,000
50,000
$ 100,000
$ 190,000
$ 50,000
Pavement Mgmt. Program
Unfunded planned TIP projects
$ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000) $ (4,435,000)
$ - $ (3,662,000) $ (3,927,000) $ (1,759,000) $ (2,221,000) $ (2,329,000) $ (1,747,000)
P: \Public Works \Capital Projects \CIP -TIP Funding \Ken's Six Year CIP Funding.xls
•
•
• •
Amended RCA for Agenda Item # 4
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: June 10, 2008 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Proposed Resolution 08 -013 Delegating Signature Authority for
Utility Memorandums of Understanding (MOU)
GOVERNING LEGISLATION: RCW 35A.11.020
PREVIOUS COUNCIL ACTION TAKEN: Council consensus at March 18, 2008 Study Session
to place this item on a future agenda for motion consideration.
BACKGROUND:
It has been past practice for City Council to review and approve individual Utility MOU's related
to Street Capital Projects and authorize the City Manager to execute these agreements. In
order to streamline the Utility MOU process, staff is suggesting that Council delegate this
authority to the City Manager. Essentially, this would save the time of developing the RCA and
presenting the item to Council. It potentially would save process time as there would be no need
to schedule with Council.
A process of staff review and approval would be followed in processing the MOU's. In addition,
the MOU's would be reported to City Council on a routine basis.
The following are previous Utility MOU's which Council has approved. Please note most of
these are related to the utility companies reimbursing the City for work the City contractor did
for them. Others, as noted, are the opposite where we paid the utility company for work they did
for us.
Barker Road Project
Spokane County Utilities
Appleway Avenue Reconstruction Project
Spokane County Utilities
City of Liberty Lake
County STEP Projects
MOU each year (2003 through 2008) (we reimbursed Spokane County for full road width
paving)
Barker Bridge Project
Avista Gas
Avista Electric (we reimbursed them for additional work on temporary relocation of overhead
lines)
Spokane County Utilities
Consolidated Irrigation District #19
• •
24th Ave Reconstruction Project
Timberlane MOU for sewer construction
Vera Water and Power Co MOU for waterline construction (Still waiting for City execution)
Broadway Rehab Project — Phase 1 (190 EB Off Ramps to Park)
Spokane County Water District No 3 MOU for waterline construction (under negotiation)
OPTIONS: Approve Resolution 08 -013 delegating authority to City Manager
Approve Resolution 08 -013 with changes as requested by Council
Take no action and continue with existing process.
RECOMMENDED ACTION OR MOTION: Move to approve Resolution 08 -013 delegating
authority to the City Manager or designee to execute utility agreements related to City street
capital projects.
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Mike Jackson, Steve Worley
ATTACHMENTS Resolution 08 -013
Amended RCA for Agenda Item # 4
DRAFT
• •
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
RESOLUTION NO. 08-013
A RESOLUTION DELEGATING GENERAL AUTHORITY TO CITY MANAGER OR
DESIGNEE TO EXECUTE UTILITY COMPANY AGREEMENTS (MEMORANDUMS
OF UNDERSTANDING) NECESSITATED BY CITY STREET CAPITAL PROJECTS,
WHEREAS, the City Council has authority to execute agreements pursuant to its general
authority granted under RCW 35A.11.020; and
WHEREAS, the City Council has the power to organize and regulate its internal affairs, and in
the interest of efficiency, may choose to delegate the authority to execute agreements to administrative
employees of the City; and
WHEREAS, from time to time, the City finds it necessary to enter into agreements in the course
of planning and constructing its street capital projects to accommodate the location of facilities of a
utilitiesy compan or to identify issues relating to allocation of responsibilities between the parties; and
WHEREAS, the City Council desires to delegate its authority to execute such agreements that
may arise due to planning and construction of City street capital projects, to the City Manager oi°
designee..
NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
Section 1. Delegation of Authority to Execute Utility Agreements Arising from City Street
Capital Projects: The City Council does hereby delegate its statutory authority to enter into utility
company agreements necessitated by planning and construction of street capital projects, to the City
Manager or the City Manager's designee.
Section 2. Report Made to City Council. The City Manager or designee will notify the City
Council in writing within thirty (30) days of the entry of such an agreement.
Section 3. Severability. If any section, subsection, sentence or clause of this Resolution is
for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of
this Resolution.
ATTEST:
Section 4. Effective Date. This Resolution shall be effective upon adoption.
Adopted this day of June, 2008.
City Clerk, Christine Bainbridge
Approved as to Form:
Office of the City Attorney
City of Spokane Valley
Mayor Richard Munson
Resolution 08 -013 Delegation of Authority Page 1 of 1
NAME
PLEASE PRINT
TOPIC OF CONCERN YOU
WILL SPEAK ABOUT
ADDRESS
TELEPHONE
S ev6_ 71449t5 OA)
-5 S. ortc7w,q -,i
s i le4, Ua -llty 97 /z
•
GENERAL PUBLIC COMMENT
SIGN -IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
DATE: June 10, 2008
GENERAL CITIZEN COMMENTS
YOUR SPEAKING TIME WILL BE LIMITED TO THREE MINUTES
Sign in if y ou wish to make Dublic comments.
•
Current Ordinance Language
Proposed Ordinance Language
The requirements of this chapter and the
Washington Energy Code (WAC 51.11)
apply to outdoor lighting requirements for
all developments except one (1) and two
(2) family dwellings and public street
lighting.
The requirements of this chapter and the
Washington Energy Code (WAC 51.11)
apply to outdoor lighting requirements for
all developments and applications except
- - -- - • - :
: •.• : • : : •
public street lighting.
June 10, 2008
• •
Steven Trabun
1918 S. Stanley Lane
Spokane Valley, WA 99212
Mayor Munson and City Council Members,
The purpose of this letter is to request an amendment to the City of Spokane Valley
Uniform Development Code (UDC), Title 22.60 Outdoor Lighting Standards.
Specifically, I am requesting that City Council direct City staff to amend the ordinance
language to include one (1) and two (2) family dwellings. The following language
change to Section 22.60.020 Application will accomplish this request.
As you may recall, I made public comment during the May 13, 2008 City Council
meeting. I am the neighbor of an adjacent property owner who has recently installed a
15' — 20' tall 1000 watt metal halide commercial grade flood area light (RUUD Lighting)
to illuminate a sport court. My family and I are now experiencing significant light
trespass that is interfering with the quiet enjoyment of our property (see attached letter
and photos).
On Friday, June 6, 2008 I received a written response to my citizen action requests from
Kathy McClung, Community Development Director. In the City's response, I was
notified that a citizen can pursue a code amendment. During a subsequent telephone
conversation with Kathy McClung on June 9, 2008 I was informed that a citizen initiated
code amendment requires a $700 application fee. As an alternative, Kathy also told me
that the City Council can direct staff to make a code amendment, thus the purpose of this
written request.
When I asked the question as to why the ordinance excludes one and two - family
dwellings I was told that the prior Community Development Director wrote the
ordinance, and there is no explanation as to why the exclusion exists.
Regional and national attention is now on "dark skies ", with an emphasis on preserving
and promoting beautiful nighttime skies and the reduction of light pollution. I urge the
City Council to direct City staff to amend Title 22.60 Outdoor Lighting Standards
language to include one- and two- family dwellings. Citizens of the City of Spokane
Valley deserve to be protected from lighting applications that trespass their property and
interfere with the quiet enjoyment of their property.
Thank you very much for your consideration.
Respe fully s mitted,
Steven a.un
Steven Trabun
1918 S. Stanley Lane
Spokane Valley, WA 99212
May 13, 2008
Mayor Munson and City Council Members,
I am writing to request a review and amendment to the City of Spokane Valley Uniform
Development Code (UDC), Title 22.60 Outdoor Lighting Standards. As a citizen of the
City of Spokane Valley, and being the neighbor of an adjacent property owner who has
recently installed a 15' — 20' tall 1000 watt metal halide commercial grade flood area
light (RUUD Lighting) to illuminate a sport court, my family and I are now experiencing
significant light trespass that is interfering with the quiet enjoyment of our property (see
attached photos).
After submitting a Citizen Action Request Form on April 11, 2008, I was informed by the
City's code compliance department that the light is not in violation of UDC Title 22.60.
Although the purpose of the outdoor lighting standards regulation "discourages excessive
Lighting of outdoor spaces, encourages energy conservation and prohibits lighting
creating a nuisance for adjacent property owners ", the requirements of the code "apply to
outdoor lighting requirements for all developments except one - and two - family dwellings
and public street lighting ". We happen to live in a residential housing development
containing forty single- family dwellings.
As an alternative, I submitted a subsequent Citizen Action Request form on May 8, 2008,
citing a violation of Title 7.05 Nuisances, and requested that the City of Spokane Valley
take action to mitigate this light trespass, which is interfering in the quiet enjoyment of
our property. We are currently awaiting a determination from the City of Spokane Valley
Community Development Director.
1 urge you to amend Title 22.60 Outdoor Lighting Standards language to include one - and
two- family dwellings so that the citizens of the City of Spokane Valley will be protected
from lighting applications that trespass their property and interfere with the quiet
enjoyment of their property.
Thank you for your consideration.
Respectfully submitted,
Steven Trabun
Photo of RUUD Lighting 1.000 watt, metal halide, vertical forward throw flood light
Photo taken from our backyard looking across property line to backyard of 1922 S.
Stanley Lane
Photo showing property lint between 1922 S. Stanley Lane and 1918 S. Stanley Lane.
Photo shows the placement of 1,000 watt, metal halide vertical forward throw flood light,
facing our property
Photo taken at dusk from our deck looking in direction of illuminated 1,000 watt, metal
halide vertical forward throw flood Light, With mounting height of 15' — 2[`, the light
clearly trespasses onto our property, as depicted by light on deck. This photo was taken
from a distance in excess of 100' from the light.
�Va11ey
June 4, 2008
Steven Trabun
1918 S. Stanley Lane
Spokane Valley, WA 99212 -3273
RE: Citizens Action Request SV -08 -02290
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org
Dear Mr. Trabun,
The City received your complaint, regarding the residential lighting of your neighbor's
property, on May 8, 2008. Chris Berg, Code Compliance Officer; Mary Kate Martin,
Building Official and I met May 13, 2008 to discuss your complaint.
Chris Berg is accurate that Section 22.60.020 of the Spokane Valley Municipal Code
(SVMC) Outdoor Lighting Standards is not applicable to single family residences and/or
duplexes.
"The requirements of this chapter and the Washington Energy Code
(Chapter 51 -11 WAC) apply to outdoor lighting requirements for all
developments except one and two family dwellings and public street
lighting."
Subsequent to your conversation with Chris Berg, you submitted a Citizen Action
Request based on Section 7.05 of the SVMC, stating that the neighbor's light is a
nuisance and interferes with the quiet enjoyment of your property. Taken at face value, I
am sure that this is true, based on the pictures you have submitted. However, this section
of SVMC cannot be read in isolation of the entire section.
The purpose and intent of Section 7.05.010 is:
"The purpose and intent of this chapter is to create and maintain a safe
and healthy environment for the citizens of the City by identifying and
reducing the conditions that contribute to injury, illness, devaluation of
property, and the incidence of crime through the existence of nuisance
conditions on public and private property."
"Nuisance" is defined in the SVMC Section 7.05.020 and further itemized in Section
7.05.040 Nuisances prohibited. Outdoor lighting is not in the itemized section.
"Nuisance" means the unreasonable or unlawful use by a person, of real
or personal property, or the unreasonable, indecent or unlawful personal
conduct which materially interferes with or jeopardizes the health, safety,
prosperity, quiet enjoyment of property or welfare of others, offends
common decency or public morality, or obstructs or interferes with the
free use of publ is ways, places or bodies of water.
Mr. Steve Tritium
Lighting Complaint
June 4, 2008
Page 2
The City does not feel there is sufficient basis to pursue a public nuisance action.
You can appeal the interpretation of SVMC 22.60.020 to the Hearing Examiner under
Section 17.90.040 of the SVMC. You may also apply for a code amendment to add
residential lighting standards to the SVMC Section 19.30.040. However, even if the Code
was changed at this time, your neighbor's light may be legally non- conforming
(grandfathered) and restrictions on that particular light may have to occur after a
reasonable period of time. You do have the option to file a private nuisance action if you
feel that is appropriate.
I have attached a code amendment application if you decide to pursue that route.
Sincerely,
Kathy McClung �J
Community Development Director
City of Spokane Valley
Office (509) 688 -0030
CC: MK Martin, Building Official
Chris Berg, Code Compliance Officer
Address file
KM /dg