2006, 10-03 Study Session MinutesMayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting.
Present:
Councilmembers:
Diana Wilhite, Mayor
Steve Taylor, Deputy Mayor
Dick Denenny, Councilmember
Bill Gothmann, Councilmember
Rich Munson, Councilmember
Mike DeVleming, Councilmember
Absent:
Gary Schimmels, Councilmember
MINUTES
CITY OF SPOKANE VALLEY
CITY COUNCIL STUDY SESSION
Tuesday, October 3, 2006
Staff:
Nina Regor, Deputy City Manager
Cary Driskell, Deputy City Attorney
Ken Thompson, Finance Director
Neil Kersten, Public Works Director
Cal Walker, Police Chief
Morgan Koudelka, Administrative Analyst
Marina Sukup, Community Development Dir
Carolbelle Branch, Public Information Officer
Greg, "Bing" Bingaman, IT Specialist
Chris Bainbridge, City Clerk
It was moved by Deputy Mayor Taylor, seconded, and unanimously agreed to excuse Councilmember
Schimmels from tonight's meeting.
Mayor Wilhite announced that tonight's agenda is amended to include as a last item, an Executive
Session to discuss land acquisition.
1. Regional Site Selector — Robin Toth
Robin Toth of the Economic Development Council, gave some background on the proposal which has
been in process for approximately six years; she explained that a GIS -based regional economic
development website called the "Site Selector," is a tool which would place real estate listings on a web -
based interactive map to allow potential commercial investors to research sites; and she invited the City of
Spokane Valley to participate. Ms. Toth explained that this website would allow the region to be seen
nationally and internationally; that it is currently sponsored by consortium partners City of Spokane,
Spokane County, Washington State University, Avista, Spokane Area EDC, and the City of Liberty Lake.
Jamie Miller Traeger of JMA Commercial Real Estate voiced her support of the project, and she
mentioned the Pinecroft Business Park as an example of something which many people would be
interested in, nationally and internationally; adding that as Pinecroft grows, so grows the Valley. Ian
VonEssen and John Bottel of Spokane County then went through the remainder of the PowerPoint
presentation to explain why this is important to do over the internet; that it is a powerful marketing tool
with layered information on vacant parcels, utility providers, and area demographics.
Council discussion and questions ensued. It was mentioned that the data is updated three times a year on
the GIS, and the commercial real estate site is updated daily. The application allows for custom searches;
that the group continues to recruit more players and the city of Cheney has expressed interest; and as
more partners join, the per -share cost is lowered. Councilmember Munson asked how much of the
$65,000 the City pays the EDC, is used to develop this project. Ms. Toth indicated that the EDC provides
$5,000 of their overall revenue toward this project. She stated they are asking everyone to commit
additional funds to have full regional collaboration. Mr. VonEssen added that people are working to
ensure that this system will come up in a GOGGLE economic search. He also stated that since they want
the realtors on board, they are not charging them; that the cities will be linked to their website with
screens created to make it appear as though people are coming right into the valley.
Meeting Minutes: 10 -03 -06 Page 1 of 3
Approved by Council: 10 -10 -06
In response to council's budget question, Ms. Regor replied that this project has not been budgeted, and
staff seeks council direction. Councilmember DeVleming recommended we move forward.
Councilmember Munson stated he feels this is a good tool, but is concerned about paying the EDC
$85,000, and feels the budget issue needs to be researched. Councilmember Gothmann mentioned that it
appears at the present there is little incentive for local businesses to get involved, and he would like that
examined further; and he expressed concern about tradeoffs of not having streets fixed. Deputy Mayor
Taylor said he would also like to see more direct participation and a larger part of the price picked up by
prime beneficiaries as he too would not favor cutting back on some road maintenance services; yet feels
this is a good tool and the project should be further researched. Councilmember Denenny expressed
concern if we don't participate, how the project will deal with our City's data. As this will have an
impact on the budget, it was Council consensus that staff conduct further research as mentioned above,
including the capability of the software, how long the system will be viable or would it be outdated in a
few years, and to determine which funds would pay for the City's share of the project.
2. Amendment to JUB Contract for Street MasterPlan for Street Development Standards — Neil Kersten
Public Works Director Kersten explained that Council has received two informational memos regarding
the update of the Uniform Development Code, and as part of that process, we will also update the existing
Spokane County Road and Sewer Construction Standards; that staff does not have the capacity to
complete a project of this size so they are therefore proposing a contract amendment to JUB Engineers
who are in the process of developing the City's street masterplan and are familiar with the streets. Mr.
Kersten also mentioned looking at ways to slow the traffic in residential neighborhoods, and to find better
ways to integrate new developments as they are placed in current neighborhoods. Mr. Kersten stated that
staff has started to implement requirements for notification; and is examining ways to require some type
of developer sign to include the name and contact information for the developer and contractor. It was
Council consensus to place this item on the next council agenda for motion consideration.
3. Right -of -way Permit Process Update — Morgan Koudelka
Administrative Analyst Koudelka went through his PowerPoint presentation explaining the right -of -way
history, purpose, current requirements, process, reasons for change, proposed fee structure and various
permits, and the highlights of the draft ordinance. After brief council discussion concerning the one or
two million dollar insurance requirement, it was Council consensus to place this item on a future agenda
for an ordinance first reading. It was also suggested that Mr. Koudelka send the members of the Ad Hoc
committee notification that this issue is coming up for approval and requesting any final response to the
draft ordinance. It was also determined that the definition of "mobile" be clarified; and that Mr.
Koudelka examine the cost recovery to determine if there are enough permits to change the fee
consideration.
4. Police Emphasis Areas Report — Cal Walker
Prior to Chief Walker's police report, he mentioned that concerning the right -of -way process, that he
needs a mechanism to deal with emergency responders so their process is not impeded during an
emergency; and that he would like clarification on the overweight and over - height vehicles as part of this
same process, as there have been haulers who stop in the center of a roadway or on the road sides, and he
would like to include something to address what is or is not a viable time or location to handle haulers.
Chief Walker then went over the highlights of his "Special Emphasis Report." Council asked if in the
future, the SCOPE annual community services banquet could be held on a night other than a Tuesday so
members of council could attend. Councilmember Munson asked if they could receive a further briefing
on gangs at a future study session. After a brief discussion of speeds allowed in front of schools, Deputy
City Manger Regor mentioned that school zones are included in the traffic ordinance amendments set for
the October 17 meeting.
Meeting Minutes: 10 -03 -06 Page 2 of 3
Approved by Council: 10 -10 -06
5. Advance Agenda Additions — Mayor Wilhite
Mayor Wilhite reminded Council and the audience of the upcoming Revitalization Community Workshop
set for October 11; and of tomorrow's "Conversation with the Community" at the Valleypoint Baptist
Church. Mayor Wilhite also mentioned that Councilmembers Denenny, Gothmann, and Munson will be
absent from the October 17 meeting, and she will check to see if Councilmember Schimmels will be in
attendance so that it will be possible to have a quorum for that meeting. Councilmember DeVleming
mentioned he would like to add to a future meeting, the Student Advisory Council Bylaws; and an agenda
item to discuss a modified crime check system.
6. Council Check -in — Mayor Wilhite. Other then advance agenda discussions as noted above, there were
no further Council comments.
7. City Manager Comments — Nina Regor. Deputy City Manager Regor had no comments.
EXECUTIVE SESSION:
It was moved by Deputy Mayor Taylor, seconded and unanimously agreed, to adjourn into Executive
Session until approximately 8:30 p.m. to discuss land acquisition, and that no decisions will be made
afterwards. Council adjourned into Executive Session at 8:00 p.m. At 8:34 p.m. Mayor Wilhite declared
Council out of Executive Session. It was then moved by Deputy Mayor Taylor, seconded and
unanimously agreed to adjourn . The meeting adjourned at 8:35 p.m.
ATTEST.
Christine Bainbri . ge, ity Clerk
ctifiataL (51,10:t_Aa_
Diana Wilhite, Mayor
Meeting Minutes: 10 -03 -06 Page 3 of 3
Approved by Council: 10 -10 -06
Spokane Regional
Site Selector
Leveraging the Internet
for Economic Development
Washington State University
Spokane Area Economic Development Council
Spokane County
Avista Utilities
City of Spokane
City of Liberty Lake
Site Selector Presentation Participants
Washington State University
Dr. Kerry Brooks (Project Director)
Avista Utilities - Randi Rich
City of Spokane - Craig Ferris
Spokane County - Ian Von Essen & John Bottelli
Spokane Area Economic Development Coundl - Robin Toth
JMA Commerdal Real Estate - Jamie Miller Traeger
Economic
Development Web
Sites
Tennessee Valley
Authority
(www.TVAsitcs.cOtl)
1
Answer 3 basic questions
(and a lot of others)
1. Is there available Property?
2. Is there a market for my business
to succeed?
3. What is the competition or
synergy for my business at a
specific site?
Why is this
Important to do
over the
Internet?
63% of Americans use
the Internet
85% of college
graduates use the
Internet
87% of businesses say it
should be a priority for
government to invest in
making more information
and services available over
the Internet.
The e- Government Reality
• Reality: Business is demanding Web -
based government services
• Source: Civic Resource Group Study "Cities on
the Internet: E- Government Applied" (2002)
Civic Retpurce Group
Civic Resource Study Findings
1. Businesses are calling for online availability of permits,
licenses, and information about economic development
2. Governments increasingly believe that if they can
project their localities as tech -savvy regions, they will
be better positioned to attract businesses.
3. Projecting a tech savvy image and online services has
become one of the most common issues talked about
at economic development meetings
3
Importance of the Internet for
Site Selection
• Percent of expanding or
relocating businesses using the
Internet for site selection
— Year 2000: 44%
— Year 2001: 82%
Sou A1r. N' .90, " ^
Site - Selection Consultants
• 40% of all site - selection projects
begin on the Internet
• 84% of site - selectors access the
Internet in the process
• Top media for site selectors:
"knowledge web sites"
S.H. •,M, ...ij
Site - Selection
• 85% of Expansion & Relocation
Decisions are made without the
help of a professional consultant.
• The site selection research by this
group is performed after business
hours & weekends 24/7
4
4
"If they (site selectors) can't find
good information on your web site —
forget about it — you're eliminated.
You have to have a stand -alone web
site and not hide information hoping
they will call you, because they don't
have the time."
Dennis Donovan
Senior Managing Partner
The Wadley- Donovan Group
August 3, 2001
Effective Economic Development
Marketing Techniques: The top three
• Planned Visits to Corporate Execs.
• Public Relations /Publicity
• Internet/Website
Existing GIS Investment
• PRISM Demo
Leveraging GIS Investment
• Site Selector Demo
Economic Development
Internet Breakthrough
• Online Site - selection
• Demographic & Business Analysis
• Online Mapping
• Real -time data
GIS Planning's Economic
Development Web Programs
Featured in Media
• The Wall Street Journal
• NBC News
• Los Angeles Times
• San Francisco Business Times
• Economic Development Commentary
• Governing Magazine
• American City & County Magazine
(,
Ain
Tennessee Valley Authority
Economic Web Site Award
• Last week the International Economic Development
Council (IEDC) announced the top economic development
websites at Its Annual Conference in New York City.
• The award-winning websites are impressive and their results are
noteworthy. These best-practice websites are models for
economic development organizations to follow.
• For Population 200,000 or more: Tennessee Valley Authority
(www.TVAsites.com)
What could happen to economic
developers that don't leverage the
Internet
Thank you!
Washington State University
Spokane Area Economic Development Council
Spokane County
Avista Utilities
City of Spokane
City of Liberty Lake
View the Economic Development
web site applications at
www.gisplanning.com
7
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 3, 2006 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing
® information El admin. report ❑ pending legislation
AGENDA ITEM TITLE: Developer Agreement for Vistas at Morningside Heights
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND:
The Vistas at Morningside Heights is a project being developed in the County by Summit
Properties Incorporated. Rich Dahm is the principle behind Summit Properties. This project will
contribute increased traffic volumes to Barker Road which will result in a lowering of levels of
service below our adopted standards. The project has been conditioned to mitigate the impacts
of the increased traffic volumes.
The traffic study for the project determined the proportionate share of the future improvement at
8.7 percent. Public Works has identified two potential solutions: a standard signalized
intersection similar to the ongoing project at Mission and Barker or a single lane roundabout.
The potential costs of the solution have been based upon the signalized intersection option for
the purposes of this agreement. This results in a contribution of $40,097.
The draft agreement specifies the details of payment which would occur when the signal
warrants are met in accordance with the Manual of Uniform Traffic Control Devices.
OPTIONS:
Accept or not accept the proportionate contribution towards a future improvement.
RECOMMENDED ACTION OR MOTION: Forward agreement for motion consideration during
the October 10, 2006 council meeting.
BUDGET /FINANCIAL IMPACTS: None.
STAFF CONTACT: Neil Kersten, Public Works Director
ATTACHMENTS:
1. Draft Voluntary Mitigation Agreement.
VOLUNTARY MITIGATION AGREEMENT
VISTAS AT MORNINGSIDE HEIGHTS PE- 1962 -05
This Mitigation Agreement ( "Agreement ") is entered into by and between Summit
Properties Inc ( "Developer "), a Washington corporation, having offices for the transaction
of business at 12720 E. Nora, Suite E, Spokane WA 99216, and the City of Spokane Valley
( "City "), a political subdivision of the State of Washington, hereinafter jointly referred to
as "Parties ":
RECITALS
1. This agreement is entered into by the Parties pursuant to RCW 82.02.020 to mitigate
a direct impact identified as a consequence of the Spokane County preliminary plat
application, PE- 1962 -05.
2. The Developer is the owner /developer of certain real property of approximately
120.62 acres and generally located east of and adjacent to the intersection of Chapman
Road and Windsor Drive, northerly of Morningside Heights Drive; and is situated in
Section 30, Township 25 North, Range 45 EWM, in Spokane County, Washington. Said
property is more specifically described in Exhibit A attached hereto and by this reference
incorporated herein.
3. The Developer has received approval of the preliminary plat identified as Vistas at
Morningside Heights (the Development) a residential development which will increase
traffic congestion and directly impact existing transportation infrastructure at the
intersection of Sprague Avenue and Barker Road located within the City of Spokane
Valley. Mitigation of these impacts has been required as part of the approval process for
the final plat pursuant to the Hearing Examiner Findings, Conclusions and Decision (PE-
1962-05) entered into on the 18th day of April, 2006 and approving the preliminary plat
Vistas at Morningside Heights which contains the following condition of approval:
CITY OF SPOKANE VALLEY TRAFFIC ENGINEER
1. Prior to any final plat, the applicant shall enter into a development
agreement with the City of Spokane Valley to make a proportionate share
contribution towards improvements at the intersection of Sprague/Barker.
4. The Parties are desirous of entering into an Agreement which provides for the
payment of a proportionate share of improvements deemed necessary at the intersection
Page 2
of Sprague Ave. and Barker Road which are a direct result of traffic impacts associated
with the Development.
5. The Developer's proportionate share shall be based on the total number of trips
estimated for the Development and has been calculated in the manner set forth in Exhibit
B attached hereto and by this reference incorporated herein.
AGREEMENT
D RAFT
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereafter set forth, the Developer and the City hereto agree as follows:
1. Voluntary Agreement. This Agreement, including all attached documents, is a
voluntary agreement as that term is used in RCW 82.02.020. The mitigation fees charged
herein are proportional to the traffic - related impacts generated by the Development. The
parties acknowledge that the project is reasonably necessary to mitigate the direct traffic
impact of the Development. In the event this mitigation agreement is breached by the
Developer, all of the City's obligations under this agreement shall terminate. In the event
this mitigation agreement is determined by a court to be invalid, the City shall refund the
unexpended portion of mitigation fees, and the City's obligations under this agreement
shall terminate.
2. Project. The project shall consist of the installation of a traffic light at the
intersection of Sprague and Barker or other traffic control device as deemed appropriate
by the City of Spokane Valley. The mitigation fee shall be based upon the cost of the
traffic signal.
3. Mitigation Fee. The Developer shall pay $ , which has been
determined to be the Developer's proportionate contribution to the Project for mitigation
of future traffic impacts related to the Development. (See Exhibit B) This traffic
mitigation fee shall be used for the design and/or construction of the improvements to this
intersection.
4. Payment The Developer agrees to pay all of the above identified mitigation fee
at such time as warrants, as defined by the manual on uniform Traffic Control Devices (
MUTCD), for a-traffietraffic signal at the intersection of Sprague Ave. and Barker Road-
.. are met.are
The City Traffic engineer shall determine when signal warrants are met. Payment
shall be made within 30 days after receiving notice from the City that warrants are met.
If payment is not timely received the City may immediately access the funds secured by
the letter of credit described below. A letter of credit, which gives the City a unilateral
right to access the funds pursuant to this agreement from a financial institution, shall be
provided to the City upon execution of this agreement and prior to acceptance of this
agreement by the City.
5. Compliance with RCW 82.02.020. Payment collected by the City will be held in
a mitigation fee reserve account and may only be expended to fund the design, right -of-
Page 3
way acquisition, and construction of the Project. Payments shall be expended within five
years of collection. The City shall be entitled to reimbursement from the mitigation fee
reserve account for any funds it may expend for the design, right -of -way acquisition, and
construction of the Project prior to the collection of the fee. Any funds in the mitigation
fee reserve account not expended within five years shall be refunded by the City with
interest as provided in RCW 82.02.020.
•
•
76. Notice: All communications, notices or demands of any kind which a party under
this Agreement is required or desires to give to any other party shall be in writing and be
either (1) delivered personally, (2) sent by facsimile transmission with an additional copy
mailed first class, or (3) deposited in the U.S. mail, certified mail postage prepaid, return
receipt requested and addressed as follows:
If to the City: City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA 99206
Fax: (509) 921 -1008
Attn: City Manager
pit ts‘v`
If to the Developer: Summit Properties Inc.
12720 E. Nora, Suite E
S i ane WA 99216 -1197
1 87. Successors. This Agreement shall be binding on and inure to the benefit of the
successors and the assigns of the Parties.
98. Governing Law. This Agreement shall be construed in accordance with the laws
of the State of Washington. Any action for enforcement of this Agreement shall be
brought in a court of competent jurisdiction in Spokane County, Washington or as
otherwise provided by statute.
1 -1-09. Modifications. No modification or amendment of this Agreement shall be valid
until the same is reduced to writing and executed with the same formalities as the present
Agreement.
1 41710. Waiver. No officer, employee, agent or otherwise of the City has the power,
right or authority to waive any of the conditions or provisions to this Agreement. No
waiver or any breach of this Agreement shall be held to be a waiver of any other or
subsequent breach.
4 - 211. Representation. This Agreement forms a fully integrated agreement between the
Parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the Parties hereto
All Parties have read and understand all of the Agreement, and now state that no
representation, promise or agreement not expressed in the Agreement has been made to
induce any Party to execute the same.
4-312. Authority. Both Parties to this Agreement represent and certify that they have
full authority and power to enter into and carry out this Agreement. The persons signing
this Agreement represent that they have authority to act for and bind their respective
principals.
IN WITNESS WHEREOF, the Parties have executed this Agreement this day of
, 2006.
DEVELOPER:
By: Its:
Name:
STATE OF WASHINGTON
County of Spokane
) ss.
Page 4
pR
PF
On this day of 2006 before me, the
undersigned, a Notary Public in and for the State of Washington, duly commissioned and
sworn, personally appeared to me known to be the
of , the
corporation that executed the foregoing instrument, and acknowledged the instrument to be
the free and voluntary act and deed of the corporation, for the uses and purposes therein
mentioned, and on oath stated that he is authorized to execute the instrument.
WITNESS my hand and official seal hereto affixed the day and year in this
certificate above written.
CITY OF SPOKANE VALLEY:
David Mercier, City Manager
NOTARY PUBLIC, in and for the State of
Washington, residing at
My commission expires:
Printed Name