2007, 10-23 Regular Meeting MinutesAttendance:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Dick Denenny, Councilmember
Bill Gothmann, Councilmember
Mike DeVleming, Councilmember
Gary Schimmels, Councilmember
Absent:
Rich Munson, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, October 23, 2007
Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 126 meeting.
City Staff:
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the pledge of allegiance.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: N/A
Dave Mercier, City Manager
Mike Connelly, City Attorney
Ken Thompson, Finance Director
Greg McCormick, Planning Manager
Mike Basinger, Associate Planner
Kathy McClung, Community Development Dir
Neil Kersten, Public Works Director
Mike Jackson, Parks & Recreation Dir
Cary Driskell, Deputy City Attorney
Karen Kendall, Assistant Planner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: Pastor Darrell Cole of the Spokane Valley Wesleyan Church, gave the invocation.
ROLL CALL: City Clerk Bainbridge called roll; all councilmembers were present except
Councilmember Munson. It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to
excuse Councilmember Munson from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded and unanimously agreed
to approve the agenda as submitted.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Denenny stated that he attended the Spokane Transit Authority Board meeting last week
but there were no major issues discussed; and Councilmember Gothmann mentioned he attended the
Weed and Seed meeting where it was mentioned they anticipate receiving a contract soon from School
District 81 officials. There were no other council reports.
MAYOR'S REPORT: Mayor Wilhite mentioned she attended the Greater Spokane, Inc. Board meeting;
and met with the City's lobbyist to discuss upcoming activities.
PUBLIC COMMENTS: Mayor Wilhite invited public comment; no comments were offered.
1. 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. Following Claim Vouchers:
Voucher List Dated 10 -15 -2007; Voucher #s 12941, 12952, 12955- 13047; Total $544,650.09
b. Payroll for Period Ending October 15, 2007: $194,846.56
c. Minutes from October 2, 2007 Special Council /Library Meeting
Council Regular Meeting: 10 -23 -07 Page 1 of 5
Approved by Council: 11 -07 -07
d. Minutes from October 2, 2007 Council Study Session Meeting
e. Minutes from October 9, 2007 Regular Council Meeting
f. Minutes from October 16, 2007 Council Study Session Meeting
It was moved by Deputy Mayor Taylor, seconded and unanimously agreed to approve the Consent
Agenda as stated.
NEW BUSINESS:
2. Second Reading Proposed Ordinance 07 -018, Adopting Budget — Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to approve ordinance 07 -018, adopting the budget for year 2008. Finance Director Thompson explained
that several public hearings were held on the proposed 2008 budget, and said that he added an additional
"whereas" clause in the ordinance which addresses the property tax levy for 2007 which will be collected
in 2008, and that once adopted, this will adopt the city's balanced 2008 budget. Mayor Wilhite invited
public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried.
3. Second Reading Proposed Ordinance 07 -019, Levying Property Tax — Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to approve ordinance 07 -019 levying property taxes for the 2008 budget. Finance Director Thompson
explained that although the $1.60 per thousand dollars of assessed value rate was considered, the City
levy will be closer to $1.55 per thousand dollars, and that the actual rate for the City will not be known
until January 2008 when final assessed value calculations are available. Mayor Wilhite invited public
comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
4. Second Reading Proposed Ordinance 07 -020, Confirming Excess Property Tax — Ken Thompson
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to adopt ordinance 07 -020 confirming the 1% increase in property tax for collection in 2008. Finance
Director Thompson explained that we are required by state law to pass an ordinance confirming the desire
to levy the annual 1 % allowable increase in property tax, which is already included in the budget
documents. Mayor Wilhite invited public comment; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Second Reading Proposed Ordinance 07 -021, Appleway Auto Street Vacation - Greg
McCormick /Mike Basinger
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to approve Ordinance 07 -021 with stated findings of fact and conditions of vacation. Mr. Basinger
explained that staff met with the applicant's representative October 16, and that staff has now distributed
an updated assessed value analysis, which superseded that which Council originally had in their packet as
well as that which was placed on the dais tonight; and that the newest analysis is the shorter analysis
dated October 23, 2007, showing the assessed value of Sipple Street as $57,493.72, and $168,300.56 for
First Avenue; and mentioned that in addition to the other council packet materials, brought attention to
the summary of the October 16 meeting. Mr. Basinger also mentioned that the resolution setting the
policy for compensation was mailed to the applicant last August, and stated that the applicant informs
staff the applicant is not interested in extending Sipple. In reference to the Uniform Development Code
Title 20, mentioning that block length not exceed 800 feet, Council asked when that might have been
enacted, and Mr. Connelly said he would have to research that question. Councilmember Schimmels
asked if we know who the previous owner was, and Mr. Basinger said we do not. Mayor Wilhite invited
public comment; no comments were offered.
Council Regular Meeting: 10 -23 -07 Page 2 of 5
Approved by Council: 11 -07 -07
Discussion ensued regarding the UDC 800 foot rule, the proposed site plan layout, the use and width of
Sipple and whether to put that street all the way through, the history of the two company's use, the
appraised value and the City's ability to charge, whether to assess for First Avenue, and the generation of
property taxes. It was also confirmed that Mr. Taylor's motion does not include the sentence in brackets
on the ordinance, e.g. "In addition, the applicant shall pay fifty percent (50 %) of the appraised value of
the vacated property received. Other payment options.]." Mayor Wilhite said in looking at this from a
business standpoint, she has concerns with the vacation of First Avenue without any payment
consideration; that she would not ask for 50 %, but feels a small portion would be acceptable. Vote by
Acclamation: In favor: Deputy Mayor Taylor, and Councilmembers Schimmels, Denenny, Gothmann, and
DeVleming. Opposed: Mayor Wilhite. Abstentions: None. Motion carried.
6. First Reading Proposed Ordinance 07 -022, Sunshine Disposal Franchise — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to advance Ordinance 07 -022 to a second reading. Deputy City Attorney Driskell explained that this is
the fourth or fifth report on this subject as per the dates contained in the October 23, 2007 Request for
Council Action form; and that a copy of the draft franchise was sent to Sunshine Disposal. Mayor
Wilhite invited public comment; no comments were offered.
After brief discussion, it was mentioned that this begins the seven -year status quo franchise process,
which will allow negotiation options further in the future, and Councilmember Schimmels added that
once this process is complete, Council may want to explore solid waste options for the landfill. Vote by
acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
7. First Reading Proposed Ordinance 07 -023, Waste Management Franchise — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded
to advance Ordinance 07 -023 to a second reading. Mr. Driskell explained that this is similar to that
which was just discussed for Sunshine, but that Sunshine is for the commercial dumpster, while Waste
Management is commercial and residential. The question came up concerning the current rate for a
residential customer, and while it appears to be included on page 21, Mr. Driskell said that the Utilities
Transportation Commission determines the rate, and he will research that figure between now and the
second reading. Mayor Wilhite invited public comment; no comments were offered. Vote by acclamation:
In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
8. Proposed Resolution 07 -017, Amending Fee Resolution — Ken Thompson
It was moved by Deputy Mayor Taylor and seconded to approve Resolution 07 -017 amending the fee
resolution effective January 1, 2008. Finance Director Thompson gave an overview of the proposed
changes, which included preliminary and final subdivision approval, binding site plan approval, zoning
letters for citizens, quick turn- around permit, and the deletion of various miscellaneous inspection fees, as
those inspections could result in added liability for the City. Mayor Wilhite invited public comment.
Dick Behm, 3626 S Ridgeview Drive: said he wanted to speak to the administrative appeal fee and
mentioned he sent an e -mail about that $1,000 cost; he said he spoke with members of the City's legal
department who told him those fees are an effort to recover costs, and that it discourages frivolous
appeals; but Mr. Behm said he feels the appeal fee of $1,000 is way too high for many people and that
Spokane County and the City of Spokane's fees are not that high, and he asked Council to consider those
figures. Mayor Wilhite said that the legal department is conducting research on that fee for future
discussion.
Council /staff discussion ensued including mention of the cost to the City of the Hearing Examiner's time,
and the in -house cost of providing copies for appeals, which prompted public comment response from
Tamara Murock, of Baltins & Murock, Attorneys at Law, who stated that the appeal Council is
Council Regular Meeting: 10 -23 -07 Page 3 of 5
Approved by Council: 11 -07 -07
referring to and the appeal Mr. Behm referenced are not the same; as Mr. Behm referenced the $1,000
appeal fee for "Appeal of Administrative Decision," and the Hearing Examiner appeal and Appeal of
Determination made pursuant to SVMC 10.30.150 -660 are not the same. There were no other public
comments. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion
carried.
9. Motion Consideration: 2008 Community Development Block Grant (CDBG) Projects — Greu
McCormick
It was moved by Deputy Mayor Taylor and seconded to authorize staff to prepare CDBG applications for
the selected projects at the 100% funding level unless directed otherwise by council following our
briefing. Planning Manager McCormick explained the proposal and the various street projects which staff
identified as eligible; and stated that he consulted with Public Works Director Kersten who said that when
the County goes through and performs the sewer projects, we do not have the opportunity to phase in
pave -back projects. There was further discussion on several funding options for these listed projects,
from 100 %, to 80 %, to 50 %; the need to present concentrated proposals; the uncertainty of presenting an
"either or" proposal; the evaluation process and HCDAC (Housing Community Development Advisory
Committee) recommendations; and mention that sidewalks need to be brought to ADA compliance. It
was then moved by Deputy Mayor Taylor and seconded to amend his motion to request funding for 100%
of the ADA sidewalk projects, and 50% for Rockwell and Summerfield Acres full -width paving projects.
Mayor Wilhite invited public comment; no comments were offered. Council unanimously voted to amend
the motion. Vote by Acclamation on the amended motion to authorize staff to prepare the CDBG
applications for selected projects, of 100% for the ADA sidewalk projects; and 50% for Rockwell and
Summerfield Acres full -width paving project: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
10. Motion Consideration: Set Public Hearing for the Ponderosa Estates North Appeal — Mike
Connelly
Deputy City Attorney Driskell explained that staff seeks a motion which would set the closed record
hearing date for Nov 27, 2007, for council to consider the Ponderosa Estates North appeal. In order to
have all councilmembers present, Mayor Wilhite suggested having the hearing set for Monday, November
19, and explained that the matter is time - sensitive and therefore would prevent setting the matter at a date
later than November 27. It was moved by Councilmember Denenny and seconded to set November 19 as
the date for the closed record hearing in this matter. Mayor Wilhite invited public comment. Dick Behm,
3626 S Ridgeview Drive spoke concerning the fees associated with the hearing. Mr. Driskell stressed that
this is a closed record hearing and that Council may not consider anything outside that issue. It was also
clarified that such November 19 hearing would be set for 6:00 p.m. in Council Chambers. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
11. Motion Consideration: Shelley Lake Development Agreement — Mike Connelly
It was moved by Deputy Mayor Taylor and seconded to approve the Shelley Lake 5 Addition Voluntary
Mitigation Agreement. Deputy City Attorney Driskell briefly went over the conditions of the agreement
as listed on the bottom of page one and continued on the top of page 2. Mayor Wilhite invited public
comment; no comments were offered. The issue of traffic lights was discussed and the backups and
delays mentioned, and Public Works Director Kersten said that the intersection fails when the delay is
greater than 120 seconds, and said that most vehicles should be able to get through in one light sequence,
which is normally less than 60 seconds. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
PUBLIC COMMENTS Mayor Wilhite invited public comment; no comments were offered.
Council Regular Meeting: 10 -23 -07 Page 4 of 5
Approved by Council: 11 -07 -07
ADMINISTRATIVE REPORTS:
12. Street Vacation Proposal, STV 04 -07 — Karen Kendall
Assistant Planner Kendall went through her PowerPoint presentation concerning this vacation proposal
for a portion of Evergreen Road, and of the recommendations of the Planning Commission to approve the
attached findings and recommended conditional approval. Council had no objection to move this matter
forward for an ordinance first reading.
INFORMATION ONLY:
13. Spokane County Library District 2007 3rd Quarter Report
14. Lodging Tax Allocations — Ken Thompson
15. Department Reports
16. City Hall Facilities Planning — Neil Kersten
Although these agenda items are for information only, Deputy Mayor Taylor spoke concerning #14
above, and said that the initial report of the Lodging Tax Committee brought the recommendations as
shown in the attachment, but that there was some discussion concerning the Valley Chamber's request for
marketing funds, and he believes this one item should return to the full committee for further
consideration, as when the Committee previously met, there were two committee members absent. It was
Council consensus to move forward with the allocation recommendations as shown for the November 7
meeting, with the exception of the Chamber's proposal, which will be considered at a later date.
Concerning other upcoming issues, Mayor Wilhite mentioned there would be no Council meeting
October 30 so that Councilmembers can attend the Governor's Town Hall Meeting at University
Gymnasium; and that Council will also not meet November 6, but will meet instead November 7; and will
not meet November 13 as Council attends the National League of Cities conference. City Manager
Mercier asked Councilmembers to let him know of any issues they wish to have added to the January 12
Council retreat agenda; and he mentioned that we were asked yesterday if Spokane Valley would become
the fiscal agent for a grant thru CTED's second phase collaboration effort on joint planning initiatives,
and he signaled our willingness to do so, and added that if a grant is awarded, Council will be asked to
take particular action for that award.
EXECUTIVE SESSION: Land Acquisition; Pending Litigation. There was no executive session.
There being no further business, it was moved by Deputy Mayor Taylor, seconded, and unanimously
agreed to adjourn. The meeting adjourned at 7:39 p.m.
A1104 /1■L-ai..r.
c
ristine Bainbridge, City Clerk
Council Regular Meeting: 10 -23 -07
Approved by Council: 11 -07 -07
kAA4,k)aikzt)
Diana Wilhite, Mayor
Page 5 of 5
GENERAL PUBLIC COIVEVIENT
SIGN -IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
DATE: October 23, 2007
Y O U R
CITIZEN COMMENTS
SPEAKING TIME WILL BF LIMITED TO THREE MINUTES
r
Sign in if you wish to make public comments
•
NAME
PLEASE PRINT
(?CANN A 1 'NA s.
TOPIC OF CONCERN YOU
WILL SPEAK ABOUT
SOW ty LArt OfvfLo c61
ADDRESS
3a7 4-&rN i4k
TELEPHONE
7z/ / -o 3 coy
AREA
PARCEL
PU
ASSESSED VALUE
SQ. FT VALUE
OWNER NAME
44249.93
45191.0407
55
5308.900
56.98
PRING CORP
31452.98
45191.0408
55
S181.400
$5.77
APPLEWAY CHEVROLET, INC.
48529.48
45191.9113
55
5255,600
$5.27
APPLEWAY CHEVOOLET INC.
10881.98
45191.9114
98
$57.100
55.25
APPLEWAY CHEVOLLET INC.
7890.88
45191 9023
55
547.000
55.96
BRADLEY/TIMOTHY /KAREN PRING
231933.61
45195.9175
55
5785,900
53.39
COJOHNCO LLC
9817.31
45191.9112
5"
$42,600
54.34
APPLEWAY CHEVOLLET INC
73177.22
45191.0601
98
5239.700
53.28
APPLEWAY CHEVROLET, INC.
17724.90
45191.0503
98
557.300
$3.23
APPLEWAY CHEVROLET, INC.
56356.68
45191.0502
98
5193.600
53.44
APPLEWAY CHEVROLET, INC.
41421 19
45191.9187
98
512.070
$0.29
APPLEWAY CHEVROLET INC
Assessed Value Analysis
'Average Price Per Square Feet
$429
Total
5225, 794 28
_. 10/23/2007
ROW AREA
A.V.
Sipple Street
13404.29
557,493 72
First Avenue
39238.18
5168.300.56
Assessed Value Analysis
'Average Price Per Square Feet
$429
Total
5225, 794 28
_. 10/23/2007
r �
all
z
,1 1 111!
.�. •111 t1 _•.
-- 7 119 -17% — '
•
s OP
1
• 1.•
amp I ./
11:.Yc11t1 r. ■
Ititilli 141111tH 114 ,
, .1
Si* i IT
1 •
— I
STV -03 -07
Cite of Spokane Valley
Community Development Department
Assessed Value Analysis
Request to vacate approximately 750 feet in length of
First Avenue and 265 feet of Sipple .1% roue
MOW L a.orsm
a/oa/LMLad
WILL/Mb MOW
1 NaNaltz LAM
1 taMMALQRIROtT
lla:4.111 Oa:111161
Maid NI MIMI
_,_ . MO
Lori *MOW
Mug 143401 NALrYY.o�t
- "1, D L NT
IMAM t lffYLr
tala�alm t
MAMMA
1¢1.61 1111af1w •
a'MY Ltll7Y
carau r tiavra••
IA a[ .LAPT7 Ll
14VIIIl L ,flM
Y4 t t 11Aalea•I
Tlf[1ar K UMAR
aalisM 1 LYAIOlq
MALI. L4WILIIIII1•+
muzzy . LRa.Y11.
DAMN 0111/001
MOV 1101110111X1
P. UM
Mst C•LivIu•
YOLK 1 Lt71N. Mar*
NSW a outer
ORIMITOIL1O V.aA1_R'I
OL•L, • lama*
LTA. M LL411Xal '
O ars £ YMOrt
a.rstAl KUM=
YM
1-11210111'/AT
MUM &Mr
L L10ML•L.COaaa.•
O WN I.NNW
WYLYII Irr7r•
MURK Oa►
WOOL *1alarr•
•11•14 1 tam DIMON
OP
4 Nam.°
...thaw.
•1•, a TEA.
:._ l I.1.
• Maallla.lMwY
I Ain idiot MT)•O.
• Aim da.aa•lamas
••Ar aY01al M erla•M
• gm albalart lam Yowl,
•w. r.lad M Aliso
-•4,4.l •I M Yaw alry
WITHERSPOON, KELLEY, DAVENPORT & TOOLE
GIME
1313 L'W 17111, AVOW*. NATI 400
PORTLAND. WAGON V7101
Teqlsc OW) 3.04,01
r... t11133143I1
VIA HAND- DELIVERY
Mayor Diane Wilhite
City of Spokane Valley
11707 East Sprague Avenue
Spokane Valley, WA 99016
Dear Mayor Wilhite:
Thank you.
Re: Autonutiou
Our File No.: 6081 -1
FJD /ts
Attachments
pc: Vann Jones
Harry Brumley
A PROFESSIONAL SERVICE CORPORATION
ATTORNEYS & COUNSELORS
1100 U.S. BANK BUILDING
122 WEST RIVERSIDE AVENUE
SPOKANE, WASHINGTON 99201 -0300
Taleppome; (5O9) 624-5265
Fax: (509) 451.2'21
October 22, 2007
Pursuant to our conversation, enclosed are copies of both the illustrative site plan and
elevation drawing.
These four copies are the only ones that I have. Please make sure the rest of the Council
has to chance to view these prior to tomorrow night's meeting.
Very truly yours,
WITHERSPOON, KELL Y, DAVENPORT
.1. DULLAN
RECEIVED
CCT 2? t7
City of Spokane Valley
,URLM IS A1.TXt C flit
rite 1R71.EULAN REVIEW P t111tMI
..v NGa7}frflT * 1LEVAPO, SMUT', 141
COO R A' ALEN . IDAHO 111111114
T11olaas 1 .1110
far (7G/1 **7-114 74
Appleway Toyota
AutoNation
Proposed Site Plan
2007.09.04
praxis3
Appleway Toyota
AutoNation .
Proposed Front Elevation
2007.09.04
praxis3