2006, 08-08 Regular Meeting MinutesMayor Wilhite called the meeting to
Attendance:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Dick Denenny, Councilmember
Mike DeVleming, Councilmember
Gary Schimmels, Councilmember
Bill Gothmann, Councilmember
Rich Munson, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday August 8, 2006
order at 6:00 p.m., and welcomed everyone to the 97th meeting.
City Staff:
Dave Mercier, City Manager
Cary Driskell, Deputy City Attorney
Nina Regor, Deputy City Manager
Ken Thompson, Finance Director
Tom Scholtens, Building Official
Cal Walker, Police Chief
Neil Kersten, Public Works Director
Marina Sukup, Community Development Director
Mike Jackson, Parks & Recreation Director
Karen Kendall, Assistant Planner
Trish Burns -Hart, HR Analyst
Carrie Acosta, Deputy City Clerk/HR Assistant
INVOCATION: In the absence of Pastor At Hulten from the Valley Assembly of God, Councilmember
Bill Gothmann gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Wilhite led the Pledge of Allegiance.
ROLL CALL: Deputy City Clerk Acosta called roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Taylor, seconded, and unanimously
passed to approve the agenda as presented.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember DeVleming: Reported that he attended National Night Out.
Deputy Mayor Taylor: Reported that he attended and chaired the first meeting of the 2006 Spokane
Valley Lodging Tax Advisory Committee.
Councilmember Gothmann: Reported that he attended the Board of Health meeting and that he and his
wife visited four of the National Night Out parties.
MAYOR'S REPORT: Mayor Wilhite reported she attended National Night Out.
PUBLIC COMMENTS: Mayor Wilhite invited public comment.
Richard Behm, 321 S. Dishman Road: Commented on the FEMA Chester Creek flood plain proposal and
encouraged council to move forward. Mr. Behm also reminded council of the FEMA — Chester Creek
public meeting to be held on Wednesday, August 16, 2006 at 6:30 p.m. in Council Chambers. He asked
that council advertise the meeting to ensure it will be highly attended. Marina Sukup provided
information as to the advertisements placed and notices sent to contacts in her Community Development
data base.
Council Meeting 08 -08 -06
Approved by Council: 08 -22 -06 Page 1 of 4
VOUCHER LIST DATE
VOUCHER #s
TOTAL VOUCHER AMOUNT
7 -17 -06
9493 — 9523
$149,866.33
7 -18 -06
9524 — 9525
$641.35
7 -22 -06
9526 — 9556
$67,629.33
7 -23 -06
9557 — 9585
$54,948.25
7 -29 -06
9586 — 9643
$2,493,832.58
GRAND TOTAL
$2,766,917.84
1. OLD BUSINESS:
Second Reading Proposed Ordinance 06 -019 for Street Vacation STV 01 -06 Tabled 7 -25 -2006 — Karen
Kendall
It was moved by Councilmember Munson and seconded to remove Ordinance 06 -019 from the table. Vote
by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed.It was moved
by Councilmember Munson and seconded to adopt Ordinance 06 -019 for the vacation of Old Indiana
Avenue, STV 01 -06. Assistant Planner Kendall outlined for council the boundaries of the proposed street
vacation. She then informed them of their ability to require compensation for the vacation based on RCW
35.79.030 requirements. If council chooses, they are able to require compensation up to one -half of the
appraised value of the area vacated; or if the area has been a right -of -way for 25 years or more, they could
require compensation for the full appraised value. Ms. Kendall noted that this particular area has been a
right -of -way for over 25 years. Deputy City Attorney Driskell indicated that while the street vacation
ordinance provides language for requiring compensation for vacated property, a process has not yet been
developed to determine when to require compensation and what formula to use to calculate payment.
Councilmembers Munson, DeVleming, Denenny, and Deputy Mayor Taylor expressed the portion to be
vacated has no resale value and they are in favor of not requiring compensation. Councilmember
Gothmann commented he would like the Deputy City Attorney to provide more information as to
developing a policy for requiring compensation for street vacations in the future, but not apply that
requirement to this vacation. Mayor Wilhite expressed the land still has value and will add to the overall
assessment for the petitioner's property. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion passed.
2. 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:
b. Payroll for Pay Period Ending July 31, 2006: $235,934.71
It was moved by Councilmember Denenny, seconded, and unanimously passed to approve the Consent
Agenda.
NEW BUSINESS
3. Second Reading Proposed Ordinance Extending UR -1 — Marina Sukup
After Deputy City Clerk Acosta read the ordinance title, it was moved by Deputy Mayor Taylor and
seconded to approve the third extension of the Interim UR -1 Residential Estate zoning in the Ponderosa
and Rotchford neighborhoods until March 6, 2007, and to approve the amended findings of fact and work
plan. Community Development Director Sukup discussed needing an extension for development
regulations, remapping of Saltese Creek, a restudy of Chester Creek and including them in the overall
plan. The plan still hinges on the resolution of the wastewater capacity. Mayor Wilhite invited public
comment.
Gail Stiltner 10119 E. 44th - asked council to continue the zoning. The neighborhood is working to retain
their special aspects and character and they are working on a neighborhood plan as well as looking at the
adequacy of utilities. Ms. Stiltner encouraged council to continue forward with the zoning process.
Council Meeting 08 -08 -06
Approved by Council: 08 -22 -06 Page 2 of 4
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed.
4. Motion Consideration: School Zone Flashing Beacon Grant — Neil Kersten
It was moved by Deputy Mayor Taylor and seconded to accept the Washington Traffic Safety Commission
grant for School Zone Flashing Beacons in the amount of $22,500.00. Public Works Director Kersten
described the recent grant received from the Washington Traffic Safety Commission for flashing yellow
beacons. This type of grant comes out quickly and the timeline for application is very short for
completion. The beacons would be placed at Seth Woodard Elementary, Trentwood Elementary and
Broadway Elementary. Mayor Wilhite invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS: Mayor Wilhite invited general public comments.
Nancy Nishimura, 16816 E Sprague — commented on the sign ordinance as it relates to her business,
Green Thumb Nursery. Her business is seasonal and uses its signing to notify customers when they are
open. They were recently notified they could no longer use their portable sign. She asked council to
consider the original purpose of the sign ordinance which was to help beautify the city. Mayor Wilhite
informed Ms. Nishimura of the recruitment currently being conducted for two more representatives to
serve on the sign ordinance committee and encouraged her to apply.
Carol Martin, 16816 E. Sprague — Ms. Martin works for Green Thumb Nursery and commented on the
sign ordinance. Ms. Martin explained that due to the small size of frontage of their property they are not
visible from the street and they need a sign to attract business.
ADMINISTRATIVE REPORTS:
5. Employee Classification — Nina Regor
Deputy City Manager Regor introduced Trish Burns -Hart, Human Resources Analyst, to explain the
reclassification of Accounting Manager. In detailing the duties of the Accounting Manager, some of the
responsibilities include debt management, investment components crucial to the state audit, and financial
reporting to federal, state and local authorities. The Accounting Manager is responsible for the
Comprehensive Annual Financial report that is used nationwide to establish the city's bond rating,
establish credit and determine the city's ability to continue operations. Currently the position is classified
at range 16, nearly 10% lower than other jurisdictions. Staff recommend reclassifying the position to
range 17 to remain current and competitive with market. Councilmember DeVleming expressed concern
in reclassifying this position and the matter of work -load for all employees. City Manager Mercier
explained reclassification is based on the responsibilities of the position and not the work -load of the
position. Consensus was to bring before council as a motion consideration on the next regular agenda.
6. Personnel Ordinances and Resolutions Update — Nina Regor
Deputy City Manager Regor reported that as part of the approval of the Collective Bargaining Agreement
(CBA) in July, staff reviewed the current personnel ordinances and resolutions to make sure they remain
current with state and federal laws. The CBA removed "at- will" for represented employees and
established a probation period for new employees with a "just cause" approach. The state has updated
their list of protected classes making the City's list inconsistent. Harassment is addressed in a limited
basis and staff recommends broadening the policy to address the other forms of harassment. Staff also
recommends an update to Resolution 03 -015 to reference employee cost - sharing of insurance premiums.
Holiday leave also needs to be updated to reflect the CBA. Staff recommends establishing a review date
designation to be used for determining leaves without pay rather than the current anniversary date.
Council consensus is to keep "at- will" as part of language for non exempt FLSA employees and to refer
to the federal list for protected classes.
Council Meeting 08 -08 -06
Approved by Council: 08 -22 -06 Page 3 of 4
It was moved by Councilmember Schimmels and seconded to recess for a 5 minute break at 7:40 p.m.
Mayor Wilhite called the meeting back to order at 7:47 p.m.
7. TMDL Report — Dick Denenny
Councilmember Denenny reported on the progress of the TMDL. The objective of the TMDL is to
establish a healthy river and create a Managed Implementation Plan (MIP). In the summer and fall of
2006 public hearings will be held and they will begin developing engineering and budgeting plans. In
2007 a coordinating and monitoring council will be formed to oversee the plan. The MIP will be reviewed
after the first ten years before going into the next 10 year period. Councilmemeber Munson expressed his
gratitude and appreciation for the work Councilmember Denenny has done on this committee.
8. Local Redevelopment Authority (LRA) Walker Army Reserve Center — Dave Mercier
City Manager Mercier reported on the pending closure of the Walker Army Reserve Center which is a ten
acre site consisting of three buildings, scheduled to be surplussed by the Department of Defense. The
property has been assessed at about 2.4 million dollars. The question for council is to decide if council
should form an LRA or let another public entity such as federal or state agency form the LRA. Once the
government determines the property is to be surplussed and it becomes available for public entities, there
is a requirement that homelessness issues be analyzed and specific outreach performed to see if the
homeless can benefit from the property. Some properties can pass to a public entity at a discounted price
as Public Benefit Conveyances (PBC). There are two types of PBCs: Sponsored and Approved.
Sponsored PBCs are used for education, public health, parks and recreation, port facilities, etc. Approved
PBCs are non - federal correctional facilities, law enforcement, emergency management response, wildlife
conservation, historic preservation, airport facilities and power transmission. Once a re -use purpose has
been determined, it cannot be changed or the property will go back to the federal government. Mr.
Mercier suggested the council work toward a decision that will best posture the city in the process, either
by trying to manage the overall process or by being an active stakeholder in the process.
EXECUTIVE SESSION: Potential Property Acquisition and Public Employee Evaluation
It was moved by Deputy Mayor Taylor and seconded to adjourn to executive session for one hour,
returning at 9:30 p.m., to discuss a potential property acquisition and public employee evaluation; no
decision is expected to be made. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion passed; the meeting adjourned to executive session at 8:30 p.m.
Mayor Wilhite declared Council out of executive session at 9:20 p.m. It was moved by Councilmember
Munson, seconded, and unanimously agreed to adjourn the meeting. The meeting adjourned at 9:21 p.m.
ATTEST
.
City Clerk/Deputy City Clerk
fcct.titigt JO ditu;r0
Diana Wilhite, Mayor
Council Meeting 08 -08 -06
Approved by Council: 08 -22 -06 Page 4 of 4
August 8, 2006
Impressions of the Sign Ordinance in the City of Spokane Valley.
Background
I am a small business owner in the area known originally as Veradale. My business,
Green Thumb Nursery is located at 16816 E. Sprague. I share the building with i1RM
grocery and am across the side street "Steen Rd" from Ziggy's. For the last 5 years, I
have rented a sign from Signs of Change Sign Co. in Post Falls, ID. My business is
seasonal, we are open from approximately March until the end of October, if the weather
cooperates. My customers look for my sign to see when I am open. This year we
received a notice on the door that we couldn't have our portable sign anymore. We
didn't have enough revenue to buy a permanent sign, plus we have additional
complications in that we share a space with another business, (mentioned in my e-mail
that the council members have a copy of.)
What I would like to address tonight is the effect that I see that the sign ordinance has had
on small businesses on Sprague in area approximately from my business to the area of
Argonne Rd.
In this area there are many real estate signs and empty store fronts. There are also
political signs. It is my understanding that these two types of signs are exempt from the
ordinance. Let's imagine that the law was changed to be applied universally, to all
portable signs including political signs and real estate signs. What is your first reaction?
Is it that real estate companies and politicians would not be able to contact their intended
audience? How is it any different for a small business that cannot afford a permanent sign.
None of these entities can contact their customers as they drive down Sprague without a
sign to attract them.
Let's go back to the original purpose of the ordinance. It was to beautify the Sprague
corridor. I think that it can be said that empty store fronts are not a beautiful sight in a
city. They lead to Toss of tax revenue and inevitably decay. Has this ordinance served
our city? Has it served the business community? Has it served citizens and potential
customers of the businesses on Sprague? This leads back to the need to readdress this
issue. Sprague is becoming a graveyard with real estate signs as the tombstones. Let's
shelve the ordinance and back gracefully away from it.
4,
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Nancy Nishimura
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16816 EAST SPRAGUE
" (509) 927 0990
IN
VERADALE. WASHINGTON 000v FAX (509) 927 -5962 ? M I
•
Marina Sukup
From: Green Thumb Nursery (gthumb @gwest.netj
Sent: Tuesday, August 01, 2006 9:31 PM
To: Marina Sukup
Subject: Sign Ordinance
Green Thumb Nursery
16816 East Sprague
Veradale, WA 99037
Tel: 509 - 972 -0990
Fax: 509- 927 -5962
E -mail: gthumb a(�.gwest.net
August 1, 2006
Deqar Marina,
I am writing to you to ask for your help. My business is a small seasonal nursery. I grow most of the plants that I
sell on site in one of my 6 greenhouses located behind the business. I am located at 16816 E. Sprague. I_share
the building with URM Grocery and am just across the street from Ziggy's. Some of my customers have
mentioned that they missed seeing the specials that I had been posting on my reader board. Many of my
customers have not been coming at all. My sales are really off this year. The weather in July has not helped, but
I'm off about $15,000 for the month of July and about $50,000 overall. I'm really worried that I may have to close.
So waiting for a decision for very long may be too late for me.
I am requesting a variance to the sign ordinance. My situation is somewhat unique. My father owns the entire
property. He wanted to retire about 6 years ago. At that time, he leased the major portion of his building to URM
Grocery and they drew up a 75 page lease agreement. To help seal the deal, he agreed to allow them to have
the large reader board sign that is actually located directly in front of the nursery (on the far east side of the
property facing Sprague). The electricity was divided and the nursery was not allowed to have a lighted sign on
that sign pole. We do have a wooden unlit sign on the pole but no one notices it. In order for Green Thumb
Nursery to have a permanent sign in front of our building, I would have to have the large sign and electricity
moved (at least $10,000) in front of URM and then purchase and pay for electricity to be brought out to the sign,
possibly another $10,000. As I have already mentioned, my sales are really down, and there is no way that I
could afford this. I need to get a sign out on the street immediately, basically'in an attempt to survive. I had
rented one from Signs of Change in Post Falls. Their signs are of nice quality, black with flourescent letters and
graphics. There is a locking cage that protects the letters. Our sign was set back from.the street and did not
impede vision. I have checked with them and a sign is still available. I want to follow the rules; but the rules are
killing me. Please contact me as soon as possible. Today is Tuesday, August 1, 9:30 p.m.
Sincerely,
Nancy Nishimura
cell phone: 475 -8406
home: 928 -7775
office 927 -0990
fax 927 -5962
8/2/2006
r'1C k k be. Q.L 04 . n61 1'03 Page 1 of 1
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RECEIVED
AUG - 4 2006
CITY OF SPOKANE VALLEY
Spokane
jUalley
August 1, 2006
)Mfr. Philip W. Grone
Deputy Undersecretary of Defense, Installations and Environment
Office of the Undersecretary of Defense
3000 Defense Pentagon
Washington, DC 20301 -3000
Subject: Request for Time Extension to Identify Local Redevelopment Authority
for Richard H. Walker Army Reserve Center, Spokane Valley, WA
Dear Mr. Grone:
11707 E. Sprague Ave. • Suite 106 - SpokaneValley,WA 99206 -
(509) 921 -1000 • Fax (509) 921 -1008 • ciryhall @spokanevalley.org
As requested, I gun responding to your.letter of July 5, 2006 seeking infomuttion about
how the City of Spokane Valley intends to address the matter of forming dr deferring the
the creation, of. a Local Redevelopment Authority (LRA) to handle the process associated
with the reuse of the Richard .ft Wallcer Army Reserve Center (Walker Center). Spokane
Valley requests an extension of time until September 8, 2006 to deliberate and decide the
matter.
As you may be aware, the alternative scenarios described to the City Council earlier in.
the year depicted the Army as the responsible entity should the City elect not to form
a 11R.A.. Subsequent to the City Commii's decision not to form an .LRA, a new
interpretation was released indicating either the State of Washington or the Department
Of Housing and Urban Development may act as the LRA entity. We have been made
aware that the State does not intend to forth an IRA. That decision reopens a debate
about what the most prudent course of action would be from the City's perspective.
Unfortunately, this information comes to us during the simmer when the City Council is
on a reduced meeting schedule. Hence, we are forwarding our request for additional time
to formulate an informed and appropriate response.
Additionally, our City Manager has just returned from a meeting of the Association of
Defense Communities where he collected. infonnation highly pertinent to any decision
about the formation of a LRA and the City Council needs time to hear his report,
assimilate the information and come to conclusion. ;Furthermore, we are hereby
requesting that the Army arrange a walk - through of the Walker Center so that the City
Council and staff can develop an accurate sense of the facilities before voting on the
question of establishment of a LRA.
Thank you for your consideration of the timeline extension. The City Council will act
responsibly to deliberate and decide the issue by September 8, 2006.
Sincerely,
Diana Wilhite, Mayor
Cc:
Spokane Valley City Council
David Mercier, City Manager
Amanda Leiker, Project Manager
O ffi ce of Economic Adjustment, Sacramento, CA
Tax Year
Land
Dwelling !Structure
Current Use Land
Taxable
Personal Prop;
Total Value
2001
300,400
Z332,800
0
0
r,)
2,641,200
2002
308
2,332 ;800
0
0
0
2,641,200
2003
8,83 800
T 2,046,000
0
0
0
2,429,800
2004
383,600
2,046,000
0
:0
0
2,429,800
2005
3'03,600
2,0 ,00C
0
0
6
2,429,800
2006
383,800
2,046,000
0
0
10
2,429,800
Parcel Class
Appraiser
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Date
Neighborhood
Code
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Name
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66
12/11/2001
534580
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CITIZEN COMMENTS
YOUR SPEAKING TIME WILL RE LIMITED TO THREE MINUTES
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SPOKANE VALLEY CITY COUNCIL MEETING
DATE: July 11, 2006
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SPOKANE VALLEY CITY COUNCIL MEETING
DATE: July 11, 2006