2016, 01-05 Formal MINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday,January 5, 2016
In the absence of a mayor, City Clerk Bainbridge called the meeting to order at 6:00 p.m.
Attendance: Staff
Rod Higgins, Mayor Mike Jackson, City Manager
Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager
Dean Grafos, Councilmember Cary Driskell, City Attorney
Chuck Hafner, Councilmember Erik Lamb,Deputy City Attorney
Ed Pace, Councilmember Chelsie Taylor, Finance Director
Sam Wood, Councilmember John Hohman, Community&Econ. Dev Dir.
Bill Gothmann, Councilmember Pro Tem Mike Stone, Parks& Recreation Director
Erik Guth, Public Works Director
Rick VanLeuven, Police Chief
Carolbelle Branch, Public Information Officer
Christine Bainbridge, City Clerk
INVOCATION: Pastor Darrell Cole, Living Hope Community Church gave the invocation.
PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 456 led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present with
Councilmember Gothmann participating via telephone conference call.
1. ELECTION OF COUNCIL OFFICERS: Chris Bainbridge
After City Clerk Bainbridge explained the process of electing council officers, as noted in the Council's
Governance Manual, Ms. Bainbridge opened the floor for nominations. Councilmember Wood nominated
Mr. Higgins. Councilmember Gothmann nominated Mr. Hafner. There were no further nominations and
the nominations were closed. Each Councilmember completed a ballot, and the ballots were collected by
City Clerk Bainbridge.Once they were collected,Ms.Bainbridge asked Councilmember Gothmann for his
vote, and he indicated his vote was for Mr. Hafner, and Ms. Bainbridge completed his ballot. The results
of the ballots were those voting for Mr. Higgins included Councilmembers Higgins, Wood, Woodard, and
Pace.Those voting for Mr. Hafner included Councilmembers Hafner, Grafos, and Gothmann. Mr. Higgins
received the majority of votes and was therefore declared the Mayor. Ms.Bainbridge asked Mayor Higgins
if he wished to conduct the voting for Deputy Mayor or if he preferred she do so, and he asked that she
continue. Ms. Bainbridge called for nominations for Deputy Mayor. Councilmember Pace nominated
Councilmember Woodard for Deputy Mayor.There were no further nominations,and the nominations were
closed. Since there was only one nomination,votes were conducted by a show of hands,with all votes being
cast for Mr. Woodard; hence, Mr. Woodard was declared the Deputy Mayor.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard and seconded to approve the
agenda. It was then moved by Councilmember Pace and seconded, to amend the agenda to place a new
business item after the Consent Agenda-a resolution declaring that Spokane Valley is not a sanctuary city.
There was discussion about the amendment and whether it was out of order, with Councilmember
Gothmann stating that the resolution is something our City already does,and Councilmember Hafner stating
that Council has not had an opportunity to discuss this,and that the expectation is to approve this resolution
immediately. There was further discussion about the resolution itself, with Council discussion ultimately
moving back to the amended motion on the floor. Vote on whether to amend the motion:In Favor:Deputy
Mayor Woodard, Mayor Higgins, and Councilmembers Pace, and Wood. Opposed: Councilmembers
Gothmann, Grafos, and Hafner. Motion passed. Vote on the amended motion to approve the agenda as
Minutes Regular Council Meeting:01-05-2016 Page 1 of 6
Approved by Council:01-26-2016
amended: In Favor: Deputy Mayor Woodard, Mayor Higgins, and Councilmembers Pace, Wood and
Gothmann. Opposed. Councilmembers Grafos and Hafner. Motion passed.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
Mayor Higgins gave special recognition and thanks to Troop 456 for leading tonight's Pledge of Allegiance.
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS:
Councilmember Hafner reported that he attended former Councilmember Wick's going away reception,
which he said was very well attended,and he thanked Mr.Wick again for his service.Councilmember Pace
mentioned the STA (Spokane Transit Authority) meeting and their discussion of a proposed sales tax
increase, which he said he opposed. Councilmember Grafos said he also attended the reception for Mr.
Wick and too expressed his thanks for Mr. Wick's service. Councilmember Gothmann said he attended
Mr. Wick's reception, and mentioned that Councilmember Hafner had been chosen Citizen of the Year by
the Chamber of Commerce. Deputy Mayor Woodard said he also attended Mr. Wick's reception and that
it was well attended.
MAYOR'S REPORT:
Mayor Higgins also extended his thanks to Mr. Wick; and mentioned attending a regional Eagle Scout
gathering where 250 from the region were tapped to be eagle scouts.
PUBLIC COMMENTS: Mayor Higgins invited public comments. Mr. Rob Lee: said he owns a home
here in Spokane Valley; spoke about his concerns with policing; he read most of his written statement and
stated that"something doesn't seem right with the police department here in the valley;"and asked why for
example, the police chief never speaks to the media but only does so through Sheriff Knezovich; said the
shade of patrol cars should match the uniforms to make it easier to identify valley officers; and said he
would like a comprehensive cost-benefit analysis of the various public safety contracts so people will know
whether public funds are returning actual services,and said he wanted to know more about the cost of doing
business with another local government entity now, in the past, and where those costs might land in the
future,which he said would mean an in-depth review and cost analysis of the police, prosecutor,and many
contracts with Spokane County. Mr.Tony Lazanis: said some decisions don't come from Council but come
from staff or the Chief and he hopes future decisions come forward; said he got a bill from the police chief
for $25.00 and that he was penalized $10.00 for a false alarm, but he only had one in 20 years; said all
taxpayers pay for the police and said the City should look outside the police department for serving alarms.
2. PUBLIC HEARING: Mining Moratorium Renewal—Erik Lamb
Mayor Higgins opened the public hearing at 6:29 p.m. Deputy City Attorney Lamb went over the
background of the mining moratorium as noted on his January 5, 2016 Request for Council Action form;
reiterated that this would not impact existing lawful operations that were in operation the day of the
moratorium; said staff is aware of several Central Pre-mix owned and operated sites, and one Spokane
County site; said there have been no permit applications received to-date regarding mining; said staff
continues working through the Comprehensive Plan process,and as part of that process,staff was accepting
Citizen Amendment Requests (CARs); one of which was approved by Council for further consideration,
which was submitted by CPM Development to include a new chapter creating Mineral Resource Lands
goals, policies, and designation criteria and a corresponding map amendment to designate four sites as a
Mineral Resource Land Overlay on the City's official comprehensive plan map. Mr. Lamb said that since
the City does not anticipate completing the Comprehensive Plan Update by February 23, 2016, when the
moratorium expires, staff recommends a six-month renewal. Mr. Lamb mentioned that one of the reasons
for the delay with the comp plan, is we have not been provided the population allocation by the County,
which number is critical to the City's development of the Plan Update as it provides the basis for planning
future growth and assessing appropriate land use quantities to meet future growth needs. There was brief
Council discussion about the possibility of modifying the moratorium if necessary, and Mr. Lamb said the
ordinance and findings should be before Council within two to three weeks and Council could move it
forward to modify the moratorium if desired. Mayor Higgins invited public comment.
Minutes Regular Council Meeting:01-05-2016 Page 2 of 6
Approved by Council:01-26-2016
Mr.John Pederson, said he is speaking on behalf of the Board of County Commissioners, and he presented
documents to the City Clerk for Council,which reiterates the County's previous testimony; said he supports
the Council's actions and desire to modify the moratorium as originally adopted,said it did impact the Eden
County Pit Site,and asked that the moratorium be revised to specifically reflect the intent,that if the intent
was not to impact any of the existing mining operations that were in existence or had vested rights, they
ask that the moratorium be amended to specifically identify which parcels, by parcel number or exhibit or
by map,that are exempt from the moratorium, and said he would provide those two parcel numbers tonight
that reference the Flora and the Eden Pit Sites; said they have vested rights to operate those sites and it
would be advantageous to modify the moratorium to reflect those parcels that are categorically exempt from
the moratorium; said they support the designation and the ongoing work of staff and Mr. Hohman,and our
coordination with him in assisting in identifying appropriate resource lands, and said they believe the
County pit site should be designated accordingly,and asked that they be exempted in a revised moratorium.
He handed documents to the City Clerk,which had been submitted previously. Councilmember Gothmann
mentioned that the Flora site was ongoing and therefore not subject to the moratorium, and Mr. Pederson
responded that the County feels it should be enumerated in the moratorium as exempt just for clarity
purposes so there is no question about the site; and further in response to Councilmember Gothmann's
questions, Mr. Lamb replied that the Flora pit is an active site that was in lawful and continuous operation
as of the date of the moratorium and therefore would not be subject to the moratorium.
Stacy Bjordahl: said she was speaking on behalf of Central Pre-Mix Development Corp, and she read
portions of a January 5, 2016 letter to Spokane Valley Council, signed by John Shogren, Vice
President/General Manager of Central Pre-Mix Development Corporation: "Dear Mayor and Council
Members: First of all, I would like to apologize for not being present at this evening's hearing to provide
oral testimony. We did not receive notice of the hearing and only heard of it through representatives of
Spokane County; otherwise, I would have rearranged my travel and work schedule to ensure that I could
be present for this important meeting. We are surprised that an extension of the moratorium is under
consideration as we were told in previous meetings and in discussions with members of this Council and
building trade groups that no such extension would be needed or granted, beyond the year of study since
the initial passage of the moratorium that will have occurred by mid-February. It does not seem that the
justification for an extension of the moratorium is material to the study, designation and protection of
mineral resource lands. Any small percentage change in population projection will not materially change
the fact that there are more than 839 acres of Tier One industrial lands within the City of Spokane Valley
and that only 158 acres are needed to meet the 2031 planning horizon; this is over 4 times the need of
industrial land.' Even if a small percentage of industrial land was needed to accommodate future residential
growth, there is still excess capacity of industrial land supply not only in the City of Spokane Valley but
Spokane County as a region. We are concerned that Staff continues to make statements that secondary use
of mined land is limited, especially given the many examples we have testified to previously, including:
high end residential developments, commercial, light and heavy industrial and probable conservation sites.
Not only does this fly in the face of the facts of beneficial secondary usage but further discounts the fact
that all development for city growth is dependent on an economically viable source of aggregates. While
we appreciate that the Staff Report to Council states existing, entitled and vested sites are exempt from the
moratorium,we request that if the moratorium is extended, it be modified to include an exhibit specifically
listing and formally excluding the existing,entitled or vested sites from this process.We have included that
list attached as Exhibit A to this letter which includes our approved aggregate reserves at Tschirley. . . . .
In closing,we do not support an extension of a moratorium that has already been in place for almost a year
for all of the reasons outlined above as well as those previously testified to orally and in writing at the
previously hearings. If the moratorium is extended, we request it be modified as described in Exhibit A.
Thank you for your time and consideration of this issue." ['City of Spokane Valley Land Quantity Analysis
for Urban Growth Update-September 2010,previously submitted on March 24,2015.] (Copies of the letter
and attachments were handed to the City Clerk for distribution to Council.)
Minutes Regular Council Meeting:01-05-2016 Page 3 of 6
Approved by Council:01-26-2016
There were no further comments.Councilmember Grafos stated that as we move forward we should exclude
the Eden Pit from the moratorium, as he prefers not to take a chance that we are harming an existing
business, and would therefore like to modify the moratorium so Eden and Central Pre-Mix are excluded.
Councilmember Hafner and Gothmann agreed. Councilmember Pace said we should keep the moratorium
until the comp plan is done,that nothing has changed and there were good reasons for doing the moratorium
in the first place. Deputy Mayor Woodard said he wants to study the letter from Ms. Bjordahl and he wants
to keep an open mind as to what it is we are trying to do and why; said the biggest concern is we are not
finished with the comp plan, which was being delayed due to the needed population allocation.
Councilmember Grafos added that if we are going to be business friendly, he sees no reason why they
should not be excluded. Mayor Higgins closed the public hearing at 7:00 p.m.
3. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Agenda.
a. Approval of vouchers listed on Jan 5,2016 Request for Council Action Form Totaling: $1,993,878.75
b. Approval of Payroll for period ending December 15, 2015: $334,943.83
c. Approval of December 1, 2015 Study Session Council Meeting Minutes
d. Approval of December 8, 2015 Special Council Meeting Minutes
e. Approval of December 8, 2015 Regular Council Meeting Minutes
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent
Agenda.
Mayor Higgins called for a ten-minute recess at 7:01 p.m.; he reconvened the meeting at 7:13 p.m.
ADDED ITEM: Action Item: Resolution Declaring that Spokane Valley is not a sanctuary city.
It was moved by Councilmember Pace and seconded by Councilmember Wood to adopt a resolution
declaring that the City of Spokane Valley is not a sanctuary city. Councilmember Pace said people confuse
the City of Spokane and our city all the time; that the City of Spokane said they are a sanctuary city; said
this issue has been brought up three times over the past year and never made it to the agenda; said he is not
anti-immigrant or anti-immigration,but this is about honoring and enforcing the existing immigration laws,
and said some cities don't do that. Councilmember Pace read the resolution into the record: "A
RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON,
DECLARING THAT THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY. WHEREAS,
the City of Spokane Valley puts public safety as the number one priority for our City; and WHEREAS,
supporting our law enforcement community in their efforts to maintain law and order toward the end of a
high level of public safety is a priority of the executive and legislative branches of our City Government;
and WHEREAS,cooperating with County, State and Federal law enforcement agencies is an important part
of maintaining law and order and public safety; and WHEREAS, it is the policy of the City Council that
the City of Spokane Valley is not a sanctuary city which means the City Police department will ask for
proof of legal residence in the United States when appropriate and City employees are not discouraged from
asking for proof of legal residence as appropriate when conducting City business.NOW THEREFORE,BE
IT RESOLVED by the City Council of the City of Spokane Valley, Spokane County, Washington, as
follows: 1 —The City of Spokane Valley is not a sanctuary city. 2 —The City of Spokane Valley Police
Department is directed to assist other law enforcement agencies in enforcing U.S. immigration laws. 3 —
Police officers and Sheriff's deputies, when operating within City limits, and City employees are hereby
directed to require proof of legal residence in the U.S.when it is appropriate as part of doing their assigned
jobs."
Councilmember Pace said in determining what"when appropriate"means, it is appropriate as part of doing
their assigned jobs, and that is up to the City Manager, City Attorney and Police Chief to determine what
exactly that means. Councilmember Gothmann said he took an oath of office prior to taking his position
as a Councilmember, and said this is not needed; said law enforcement also took an oath, and if someone
is an illegal immigrant, law enforcement would call the border patrol, so they are already doing this; said
Minutes Regular Council Meeting:01-05-2016 Page 4 of 6
Approved by Council:01-26-2016
he doesn't see a problem we are trying to solve; said we already have clear rules; and as a point of order,
said this resolution is out of order. Mayor Higgins ruled that this is not out of order and Councilmember
Gothmann challenged his decision. A vote on the challenge resulted in Councilmembers Grafos, Hafner
and Gothmann in favor of the challenge, and Mayor Higgins, Deputy Mayor Woodard, and
Councilmembers Wood and Pace opposed to the challenge. The challenge was defeated.
Councilmember Grafos said that this City is different because we don't have politics in the legislative
branch and this brings in politics instead of having a common sense government; said we are profiling
people and not everyone in the city agrees with these politics. Deputy Mayor Woodard said resolutions are
done to make emphasis and re-clarify what should already be done as common practice and if people don't
have documentation, they shouldn't be here, and countered that this is not profiling. Mayor Higgins said
this is a simple statement that we are committed to obeying and enforcing our laws as they already exist.
Councilmember Hafner said this is not a police state and staff should not have to make a determination
about whether to ask about immigration status; said it is the wrong message to the community, is extremist
and profiling is against the law and he swore to uphold the laws of the state, nation and city; said this is a
disgrace to do this and it doesn't gain anything. Deputy Mayor Woodard said people are screaming that this
city take this position, a declaration that we will uphold the law. Councilmember Pace said his wife was a
political refugee from Vietnam, and she was a legal immigrant; that this is about illegal immigration, and
said his wife doesn't like illegal immigrants and is frustrated with the government for not enforcing
immigration laws, and that this will give businesses some sense of security that we are law abiding. Vote
by Acclamation in favor of the Resolution: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers
Wood and Pace. Opposed to the Resolution: Councilmembers Hafner, Grafos, and Gothmann. Motion
carried.
ADMINISTRATIVE REPORTS:
4. Tesoro Crude Oil Terminal Draft Environmental Impact Statement—Mike Jackson
Via his PowerPoint presentation, Mr. Jackson explained that Tesoro Savage Petroleum Terminal, also
known as Vancouver Energy,has applied for a Site Certification Agreement to construct and operate a new
crude oil terminal capable of receiving an average of 360,000 barrels of crude oil daily; that the crude oil
would be unloaded at the proposed facility from trains, stored on site, and loaded into marine vessels at a
marine terminal located at the Port of Vancouver in Clark County, Washington;that according to the Draft
Environmental Impact Statement (DEIS), an average of four unit trains would arrive and leave for the
proposed facility daily for an annual total of 2,290 one-way train trips; and said the trains would pass
through Spokane Valley. Mr. Jackson mentioned some of the environmental concerns, such as air quality,
transportation, noise,and water resources; said that currently up to fifty trains daily cross Barker Road,and
if all potential crude-by-rail facilities are built,the numbers would exceed 57 weekly loaded unit trains by
2020, and 113 weekly loaded trains by 2035. Mr. Jackson noted that the air quality would be impacted, as
vehicle idling hours would increase while vehicles waited at the at-grade crossings; he spoke of the
increased impact to transportation which could also increase the rate of accidents and fatalities to
pedestrians or motorists. Mr. Jackson noted the cost for grade separations, the noise and safety impact,
emergency response issues, and the effect and impact of economic development. Councilmember Pace
asked if there is any way to regulate rail traffic through our city, by perhaps a utility tax on oil trains; and
Mr. Jackson said he is not aware of any as the trains are primarily controlled by the federal government.
Councilmember Pace asked if we know about any other, equally dangerous commodities coming across
our aquifer and Mr.Jackson said more research would be needed but he did recall hearing something about
legislation requiring disclosure of the rail car contents.
Councilmember Grafos said this should be a majority priority of our city;said we will never be on a federal
list to solve these problems, and at some point, we need to"put our money where our mouth is" and look
for a way to fund these crossings one at a time; said this would be a major economic impact if there were
problems with the oil trains; said our city is cut in half by those train tracks and that we should look at this
issue as an economic driver and examine some options. Councilmember Pace said the first priority is public
safety so we need to identify the risk and have good plans for dealing with any of the risk;said infrastructure
Minutes Regular Council Meeting:01-05-2016 Page 5 of 6
Approved by Council:01-26-2016
is our second priority and we need to pick which crossing, and figure out how to make it happen, and he
mentioned the idea of a ballot measure.
5.Advance Agenda-Mayor
Councilmember Pace said based on citizen input,he wants to schedule council discussions in study sessions
to explore developing a citizen oversight committee for all public safety functions of our city,and all of our
public safety contracts including police,jail, public defender,the courts, etc., and have the Mayor appoint
a one-year ad-hoc committee with about three to five citizens appointed who have no connection with law
enforcement; plus have the City Attorney and a volunteer attorney from the Center for Justice; said they
would study all the available information on public safety,including police reports and issues from citizens,
employees, police, and councilmembers, and report monthly to the Council in writing and in person, and
the Council would decide which items to give to the City Manager as administrative, and which would be
legislative policy.Further,Councilmember Pace said the committee members should be given investigative
authority over those contracts as there are still incidents where citizens question police behavior, and that
this gives the public an opportunity to scrutinize how our government is being run.
Councilmember Grafos said as a follow up to these public meetings concerning the trains,he would like to
get a list of the people attending those meetings and have public meetings as we did on our parks.
Councilmember Hafner said he would like to reevaluate the voting process for bonds as there will be times
when Council needs to take a stand, whether it be a County levy lift or other bond issue. Deputy Mayor
Woodard said he would like the historic preservation plan motion brought back for reconsideration rather
than distract the efforts of the Planning Commission from the comp plan, and said he wants more time to
consider the issue.
CITY MANAGER COMMENTS:
Mr.Jackson asked if the Mayor and Deputy Mayor would be available Monday at 3:00 p.m. to discuss the
advance agenda, and there were no objections.
It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting
adjourned at approximately 8:38 p.m.
r
1
/
1 . 1
ATT L.R. Higgi ; kA . 'or
(Lt -/\A j / i-
Christine
Bainbrg e, CityCler
Minutes Regular Council Meeting:01-05-2016 Page 6 of 6
Approved by Council:01-26-2016
Writ...4, -61 , ,- - - ,b5 -,,,v,,,,,-- A;te-,ti ,
e Name of Yo r ote for Mayor Write flame of Your Vote for Mayor
!! 7 --4-4,./2 ' (:)----:--;;(----i--9 t------d-
, d 1
Name.of Councilmember Casting Vote
Name of Councilmember Casting Vote
' -'.?'- C7 6 /l'i--S C...„) ,/ A/ ..rtirv_k
Write Name of Your Vote for Mayor Write Name of Your Vote for M4or
a . \1--/- } -- A „..-----
Name of Councilmember Casting Vote Name of Councilmember Castin•Xfote
fL
R ej Jcotac Write Name of Your V for Mayor
Write Name of^four Vote for Mayor
of _
Name of Councilmember Casting Vote
Name of Councilmember Casting Vote
RC)(). )-4--l n S
Write Name of Your Vote for Mayor
,) ?kin (ko o (-)
Name of Councilmember Casting Vote
GENERAL PUBLIC COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, January 5, 2016
GENERAL CITIZEN COMMENTS
YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE
Please sign in if you wish to make public comments.
NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE
PLEASE PRINT WILL SPEAK ABOUT
ftô /e a//c/ s, 04 I/4//e/ /r /A_
Please
Please note that once information is entered on this form, it becomes a public record subject to public disclosure.
A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON,
DECLARING THAT THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY.
WHEREAS,the City of Spokane Valley puts public safety as the number one priority for our City;
and
WHEREAS, supporting our law enforcement community in their efforts to maintain law and
order toward the end of a high level of public safety is a priority of the executive and legislative
branches of our City Government; and
WHEREAS, cooperating with County, State and Federal law enforcement agencies is an
important part of maintaining law and order and public safety; and
WHEREAS, it is the policy of the City Council that the City of Spokane Valley is not a sanctuary
city which means the City Police department will ask for proof of legal residence in the United
States when appropriate and City employees are not discouraged from asking for proof of legal
residence as appropriate when conducting City business.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Spokane Valley, Spokane
County, Washington, as follows:
1-The City of Spokane Valley is not a sanctuary city.
2 -The City of Spokane Valley Police Department is directed to assist other law enforcement
agencies in enforcing U.S. immigration laws.
3 - Police officers and Sheriffs deputies, when operating within City limits, and City employees
are hereby directed to require proof of legal residence in the U.S. when it is appropriate as part
of doing their assigned jobs.
Mayor, Spokane Valley
Item 4 1./5/2016
Siltikan' '
Valley.
Draft
Environmental Imact
t
Statement
�ncou'..i !Engrg 1�1�1_i! iUC on Iermina! Fn li1Ci rtt =. ._ C):
Siioka
�y.
Tesoro Savage Petroleum Terminal has applied for a Site Certification Agreement
to construct and operate a new crude oil terminal capable of receiving an
average of 360,000 barrels of crude oil per day.
This will increase the amount of crude oil transported through Spokane Valley.
Average of 4-5 unit trains/day westbound loaded/eastbound empty
totaling 8—10 trips per day through Spokane Valley
Total of 2,920+ one-way train trips per year passing through Spokane Valley
120 sole purpose crude oil tank cars/train, 7,800 feet long
Study assumes Bakken Crude transported via Burlington Northern Santa Fe
Railroad
/11'3,t.,
{ 2 }
1
item 4 1/5)2016
Environmenta' S�'ii ane
Resources/ ..sal--y.
issues Analyzed in DraftCI- .�.i ST- T ;
Earth Resources Historic and Cultural Resources
Air Quality Transportation
Water Resources Public Services and Utilities
Terrestrial Vegetation Noise
Terrestrial Wildlife Land and Shoreline Use
Aquatic Species Visual Resources
Energy and Natural Resources Recreation
Environmental Health
nSpoka
' a ,n ., .000 Valley
Cod tions :g
BNSF Train Traffic t A
Currently, up to 50 trains per day cross the i'` 7
Barker Road/SR290 intersection. .4 .� .�-
19 of which are already unit oil trains z..." - -', ,P.1} ,i1;1!1711-; • '
, -.n4 �
If all potential crude-by-rail facilities are built .
out, oil train numbers are estimated to exceed: � N �---
57 weekly loaded CBR unit trains by 2020
113 weekly loaded CBR unit trains by 2035
Estimates predicted to be "much higher" with • :r.
crude export. -0175.' 't•
i ,
There are multiple potential projects in ..'�
addition to Vancouver Oil Terminal that would `' ,
add additional train traffic to Spokane Valley.
2
Item 4 1/5/2016
Existing Conditions (cont.]: � atlex
Existing
BNSF Crossings in City of Spokane Valley
Park Road Crossing— At Grade
Vista Crossing—At Grade �(
Argonne/Trent - Underpass <�
University Crossing— At Grade, °Sd
Existing Quiet Zone
Pines Road —At Grade - 't'
1 111
Evergreen —At Grade
Sullivan/Trent - Overpass 9,1s y:
Flora Road — At Grade .2 _ ( 5
Barker Road — At Grade
Prinlary RR Grade L ossrn�; stiokane
r 'h'• '-7/f! �/ �i14�"�! ��B B"8 t
t
1111 .11r
S ,s. x._ rj t� ;n�; - ▪�- --1 _--_ten
rt e � U �161 ' � A. }a
1
!`�:,'-.1 Iii I t .4- ,jam il&r , r .;_-----M tt■ ---'
I r- t�'!! �u Ir;_. ! ..=Mme!'.
— "77-.V.'''. 11r5�nHH Vii r-�
R mgt; Fl. , •
•=.E A. -. mIlfi ! utra t. wei s& ; f,. —mai',
L^,... maw. - ,
,wil
+r Y •
BNSF Line i � .• .;. ;,_— •'F�j��io.� .!W-_IN 1��1' _ - \ji`
gam— .tttr �
'Plum } w14133IIII I
3
Item 4 VS/2016
I // Spbkap��p�
l.L t� .l " u arty +,�.�Ya11ey'
w � 7
Vehicle idling while delayed at at-grade crossings could
increase emissions to a level that would represent an
additional impact to local air quality
*Congestion from this project alone would create the
following estimated emissions output at the 7 at grade
crossings.
78.54 metric tons of nitrogen oxide (Nox) s;,;•
a
2.94 metric tons of volatile organic compound (VOC) /-
2.24 metric tons of particular matter (PM)
9,377.20 metric tons of carbon dioxide (CO2)
* Estimate based on 2015 Tiger Grant for Barker Overpass.
Spokane
impact: Transportation
At Grade Daily Train Traffic Increase:
7 at Grade Crossings X 8 trains daily= 56 unit train crossings daily
Annual Train Traffic Increase:
56 unit train crossings/day x 365=20,440 unit train at grade crossings
annually
*Grade Separated Daily Train Traffic Increase:
2 Grade Separated Crossings X 8 trains daily = 16 unit train
crossings daily
Annual Train Traffic Increase:
16 unit train crossings/day x 365=5,840 unit train __ �---
grade separated crossings annually c.
Total Train Traffic Increase = 26,280 crossings annually - -- -
*DEIS describes heightened risk for elevated train crossings
4
Item 4 1/5/2016
�M.pac �. a Tra. s oortation ......0s alley,
- tali
Rail Transportation (3.14.3.2; pg. 3.14-26) ,
`
Figure 3.14-7 shows locations of at grade crossings havingAnnual Average "Ly=
, ?
Daily Traffic (AADT)* of 2,500 or more I4.i
Barker-5,100 vehicles kr t ::;1:\:::"3:-
Pines
�yl;
Pines- 16,000 vehicles(DEIS says 11,000) 'r '` ,
University-2,662 rf ! • n
Park Road-6,682
At Grade Crossing Delays (pg. 3.14-24) i
Train 7,800' long @20 MPH =5 minutes/train X 8 trains=41 minutes/day
41 minutes/day/crossing X 7 at grade crossings= 287 minutes/day
287 minutes/day X 365 days/year= 1,746 hours of gate down time/year
DEIS identifies moderate to major impacts to motorists from delays.
*Barker Rd. is included here but for some reason was omitted from Figure
3.14-7 of the EDIS. 11 a
Cumulative li .acts :
Rail 7 ra s o rtati o n (6.2.2/ES-9)
The total number of trains that would be added to the
system if all the identified existing and future projects
were permitted and operated is 155 unit trains or 310
round trips/week
Unknown if these would all come through Spokane Valley
The additional rail traffic "could increase the rate of
accidents and fatalities to pedestrian trespass or
motorists at at-grade crossings . PE t
s ;,,,ri `I .un''. ,t;'
5
item 4 1/5/2016
Spokane .' "
L. C -;� 1ace Cosi_ for bi ...0.0ualley
•,,.rag;_`:,,:144
rry
.. .. ... .. .,.. .. t.A71
#Sar( f.
Bond Issue $29,784,000 $17,527,752 $19,372,778 $16,473,451 $83,157,981
Amt. =a'*`,❖-:a' ..
Annual Bond $1,828,486 $1,076,056 $1,189,325 $1,011,331 $5,105,198 ;a°4`�a:. .
Pmt.Amt.* ,,
p4:-!..
4• i k
*Estimated interest rate of 4.5% CIA t,
Bond issue costs of 2.0% '°4-=`
Bond repayment of 30 years
Siaane
....sUalley.
Impact: Noise
Subtracting 2 existing quiet zones = Additional 14,600 train horns/year 1Two Long—One Short—One Long—Repeated as necessary until
locomotive clears the crossing. (14,600 X 4 = 58,400)
Locomotive Horns must be sounded 15-20 seconds before entering all
public grade crossings, but not more than 1/4 mile in advance
Engineer may do more based upon their judgment
Train Whistle must be between 96-110 Decibels
.'Yi.i%rti
6
item 4 1/5/2016
Spokane
Impact: S
Potential for increased risk for oil train fire/explosion
Reduction of emergency access to residents & businesses with amount
of train traffic at crossings
City in Quebec was low population density yet suffered the highest
number of deaths resulting from an oil train fire. Potential fires are
devastating no matter where they occur. It is a false premise to
categorize by population density.
The volatility of Bakken Crude is similar to diesel or gasoline. "It has
been described as looking like" "two-stroke oil mixed with gasoline."
(pg. 407, Washington Marine and Rail Oil Transportation Study)
Freight trains are assumed to be 7,800 feet long and traveling at 20
mph through at-grade crossings (3.14-14)
1111
Spokane
Emergency esn ons e:
Greater Spokane Emergency Management
Local planning efforts •
Alert and Warning *„ ;
Evacuations r^-
Sheltering of victims •?
Mass Care 15°6:n-EAKINGNEWSa "�' '
Police - EXPLOSION&OIL SPILL AFTER TRAIN DERAILS
Fire $Si0 J.0MA y ___ urn imuaetatuYf ro_._
Fire Department/Medical Facility Response Preparedness (4.6.4.3)
June 2014 survey by Washington State Military Department"even the most
metropolitan, best-equipped departments consider themselves ill prepared to
respond to a crude-by-rail(incident)with related explosion and/or fire incident."
Public Works C 14
7
item 4 1/5/2016
Sp'� ne
Impact: Economic Development--- va"er
Potential negative impact to development of vacant parcels due to
increased proposed train traffic.
Property values could be impacted near train crossings.
Increased wait for commerce traffic at crossings.
Oil train demand may impact transport of other goods that have direct
economic impact on COSV.
....BNSF mainline capacity and operating protocols are continually being
challenged." (Pg. 175 Washington Marine and Rail Oil Transportation
Study.
Lower quality of life resulting from noise and potential safety concerns.
Spokane
Spokane Valley Priority: jUalley.
Grade Separations:
Council Adopted Goals:
Continue to work with state and federal legislators for possible financial assistance
for the Barker Road Bridge Grade Separation.
Develop a strategic plan for funding and completion of all grade separation projects
COSV State & Federal Legislative Agenda:
Transportation Funding Request—Bridging the Valley&Barker Road/BNSF Grade
Separation (overpass/underpass). Pines Underpass
Barker Grade Separation was part of our last 2 Tiger Grant Applications.
NLC Federal Legislative Agenda:
Invest in Local Transportation Priorities
AWC State Legislative Agenda:
Transportation:Adopt a multi-modal transportation package that addresses city
needs
8
Item 4 1/5/2016
Siione
Vali,�y
Li 0 mr.nents
Draft EIS Statement presents issues and problems without tangible
solutions
Governor's report doesn't list Spokane Valley as a priority.
What confidence does the COSV have to see enhancements?
COSV has been unsuccessful at funding requests from the state and
federal government.
No known direct benefits to City of Spokane Valley if this project is
approved
Scope of DEIS seems overly broad i.e. from Washington/ Idaho border
to Vancouver, WA, down the Columbia River and along the Pacific Coast
Some elements do not seem to be adequately addressed i.e. very
limited discussion on alternatives. Barely addresses shipping by truck.
.0.0 Valley
Spokane
Comments r1 nrt
In Quebec accident, transporter went bankrupt.
DEIS leaves out Spokane Valley in list of "Municipalities"
DEIS references and relies on Washington State 2014 Marine and Rail
Oil Transportation Study.
COSV had numerous comments on the State study
The State study was inconclusive
The State study prioritized by population and the City of Spokane Valley
was not listed as a priority or even "potentially at risk"
The State study does not identify the number of crossings in Spokane
Valley [ 18
9
Item 4 1/5/2015
lomments Cont:
Excerpt from Washington State Marine and Rail Oil Transportation
Study (pg. 341-343)
"Because there is no mandate for railroads to develop comprehensive
plans or ensure the availability of necessary response resources, carriers
have effectively placed the burden of remediating environmental
consequences of an accident of local communities along their routes. This
is particularly true when a tank railcar incident occurs with a subsequent
fire/explosion event coupled with potential evacuation due to the danger
that may be present from fire and toxic fume emissions."
"Bakken crude is highly flammable and easily ignited at normal
temperatures by heat, static discharges, sparks or flames."
Spokane�
Walley.
LI_ 11 s
City of Spokane Valley Public Hearing Tuesday,January 12, 2016
Public Comments at CenterPlace Thursday, January 14, 2016
Written Comments due Friday, January 22, 2016
10
Item 4 1/5/2016
�sValley
• � .j I I ` 1 d
21 )
11
Good evening,
I'm Rob Lee, a potential valley property owner and a successful businessman here in Spokane County. Before I
get to my primary points here, I would like to congratulate Sam Wood and Arne Woodard for their recent
elections to this council. I believe you will have the best interests of the valley citizens in mind each and every
time you make decisions on their behalf. Now, I will get started with my expressing my opinions along and
making some requests.
Over the last couple of years I have become increasingly interested in all areas of the local criminal justice
system and the various government entities that finance these agencies. I know the valley is primarily a contract
city-doing a lot of business with Spokane County—and a lot of business equates to a lot of tax payer money
being transferred to the county for their services. It's very well known that policing and the other factors
involved with attending to criminal behavior is expensive. Knowing that I suspect the costs to deal with this
problem will only rise into the future and that's fine as long as we, the tax payers, are getting an adequate return
on our money.
I have to be candid with you guys: Something doesn't seem right within the police department here in the
valley. I only see what's on the surface and that indicates there's a problem. Here's an example: Can someone
tell me why the current police chief for the valley never speaks to the media about his agency? Why does
Sheriff Knezovich speak on his behalf? The city pays a salary for the chief but he's a ghost; that doesn't seem
right. He should be the face of the agency but he's not.
Here is another simple observation or two: at this time your officers either wear black or green"jump suits"; or
a two-piece uniform with green pants and a brown shirt. There are even other uniform variations when you look
at the traffic officers. Why aren't these officers wearing a single uniform so they all look like they belong to the
valley police department? It's really strange but the problem goes further to cover the police cars assigned to
patrolmen.
In the past, most, if not all the patrol cars were one shade of blue. Recently the valley patrol cars are not only
the original shade of blue but two darker shades as well. It's unusual but together with the mosaic of uniform
colors it's really crazy looking and this inconsistency is confusing to me and I'm sure to many other people who
actually live in the valley. Why the difference? It's realistic to suspect that all this variety is creating a very real
problem with identifying valley officers as a resource paid for by the valley citizens.
Isn't it reasonable to expect the officers working for the valley are all wearing a uniform that is distinctly blue
and not green or brown? Blue is a traditional color for city officers while green is not. Similarly, the
1
- � � )%%
patrolman's cars should be one identical color and the color should not contrast with their uniforms which is the
case now with blue cars and green uniforms. Most of all, the patrol cars must have prominent"police"markings
about the vehicle's exterior. After all people should know they are interacting with a police officer and which
agency they are dealing with without any misunderstanding.
Before I run out of time, one final request for the council is a comprehensive cost-benefit analysis of the various
public safety contracts they are party to so we can identify whether or not our funds are returning actual
services. To generalize, I want to know more about the costs of doing business with another local government
entity now, in the past, and where those costs might land in the future. That would entail an in-depth review and
cost analysis of the police, prosecutor and jail contracts currently in-force with Spokane County. Conducting
this type of exercise is not only prudent but I truly think it would be a worthwhile venture to increase our
knowledge about our contractual expenditures.
If I had more time I would go on but I think you, the council, gets the idea...somethings need to change with
respect to the appearance of law enforcement in the valley and possibly, even contractual services.
2