2009, 04-07 Study Session MinutesApril 7, 2009
Attendance:
Councilmembers
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
Mayor Munson opened the meeting at 6:00 p.m.
MINUTES
STUDY SESSION MEETING
SPOKANE VALLEY CITY COUNCIL
Spokane Valley City Hall
Spokane Valley, Washington
Staff
6:00 p.m.
Dave Mercier, City Manager
Mike Connelly, City Attorney
Mike Stone, Parks & Recreation Director
Mike Jackson, Deputy City Manager
Cary Driskell, Deputy City Attorney
Greg McCormick, Planning Manager
Kathy McClung, Community Development Dir.
Neil Kersten, Public Works Director
Steve Worley, Senior Engineer
Christina Janssen, Assistant Planner
John Whitehead, Human Resources Manager
Carolbelle Branch, Public Information Officer
Chris Bainbridge City Clerk
It was moved by Councilmember Wilhite, seconded, and unanimously agreed to approve the amended
agenda.
A. PUBLIC HEARING: Proposed Ordinance Providing for the Acquisition of Eminent Domain of
Certain Lands — Mike Connelly
Mayor Munson opened the public hearing at 6:04 p.m. and invited City Attorney Connelly to the podium.
Mr. Connelly explained that this is the time and place noticed for a public hearing for consideration of
ordinance 09 -007 which is the ordinance which will begin the process to acquire property by eminent
domain for Spokane City's Havana Street Bridge Project. Mayor Munson invited public testimony.
Gary Hite, owner of Hite Crane & Rigging, Inc., 4323 E. Broadway: said he received a certified letter
notifying him of this April 7 meeting, which letter was dated March 19; but said he read in the newspaper
that this proposal was introduced last week March 31, which was almost two weeks after he was notified
by certified mail, and said he wasn't notified that there would be an introduction of this topic at that
meeting; and said this seems to be the way this process has been so far and said he hopes we can do
better. He said his understanding of tonight's process is that the City of Spokane is asking the City of
Spokane Valley to turn him over to the City of Spokane even though his property is not within the City of
Spokane. He said he has been four years not being able to plan quite what to do with his business
concerning expansion; said he has been in business just short of forty years and these should be his most
productive years in the business; as a small businessman he said he has systematically over the years put
most of all the returns back into the business to grow; but said he has not been able to plan what's going
to happen because the City won't really tell him whether they'll take his entire property, or part of the
property, and the part they want to take will eliminate his access with his heavy equipment. He said he
has some special needs with the size of his equipment to be able to get his materials in and out of his yard
and safely enter the traffic flow; he said it has been an ideal situation for him in his present location to
enter onto Havana, which is where all the access is other then some frontal access to his office directly off
Council Meeting Minutes: 04 -07 -09 Page 1 of 8
Approved by Council: 04 -28 -09
Broadway; but explained that all his heavy equipment comes into his shop for repair and staging and
material loading in and out off Havana, which is a relatively quiet street because of the railroad behind
them; he said they can safely enter and stage to go either north or south; and in going south they can enter
Broadway with the ability of the traffic signal; and he said the current situation is ideal. He explained that
the proposed taking of a strip of property will eliminate most of his access to his property and what little
he may end up with would make it so he would probably only be able to head to the north because even
though it's not shown on the drawings, for a four -lane road at some point there will be an island which
will prohibit him from turning left out of his gate and proceeding to the light to enter Broadway. He said
the way it's set up, they will have to move all the utilities, it will preclude them from accessing the shop
with the big equipment, but that he will be able to get the smaller pickups in and out. He said this is
particularly difficult to deal with because in 1994 the City put a sewer line in, under the railroad tracks
behind him, and brought it down beside him, and he said he told them at the time he would be unable to
hook up to it because there are 48' water lines that come from the Felts Field pumps and go up to the
south hill reservoir that go along the edge of his property, so he can't go through those with a sewer line
to hook up to it; and he explained that he was in the County at that time; but the City accessed him a
ULID [utility local improvement district] for burrowing under the railroad tracks and bringing the sewer
line down and he said he has had to pay sewer fees ever since for a sewer he can't hook up to; and said he
is a little upset that he is about to be dealt with even worse then he already has. He said he understands
this is probably an open and shut case tonight, but said he needs to get on record as this will essentially
wipe him out.
James Richman, City of Spokane Attorney: explained that he wasn't planning on testifying tonight, and
said he believes the recitals in the ordinance and interlocals lay the foundation for the public need for the
property in question. In response to Council question about how much property would be included, Mr.
Richman said the ordinance and interlocal describe only that portion of the property needed for the
project; for widening the right -of -way, and he said they are also acquiring some property for a drainage
area; and added that city staff is evaluating the area with the assistance of real estate professionals, and
said the work is on -going and he believes Mr. Hite is aware of the work, as to whether or not acquisition
of the piece of property that they need would have the impact of making it difficult for Mr. Hite to
continue doing business at this location, in which case they would offer to buy the entire site and he
would be entitled to relocation benefits under federal law.
Jeff Howe, 7101 E Rutter Avenue; said he does not know Mr. Hite, but he has years of experience with
trucking and over -sized loads and said that this will make his property completely useless to him; that he
has been by that area and Mr. Hite has just enough area to make things work and said you will just ruin
his whole place by taking a little part of it. He asked about the project and it was confirmed it would be
putting in an overpass over the railroad tracks, and Mr. Howe said we would be spending a lot of money
for a little bit of traffic; and said there's a lot better things that the money could be spent for.
John Mercer, City of Spokane Mr. Mercer said he manages the capital programs portion of Public Works
and Utilities; he explained that the project is a bridge to be built over the railroad tracks; the project
boundaries are Broadway to Mission; that work began about 2002 and has been in the works a long time;
in 2005 the City signed a contract with Washington State Department of Transportation (WSDOT) where
the Department of Transportation (DOT) is responsible for doing all the design work, they have been
responsible for negotiation of right -of -way issues, and they will continue to be responsible for putting the
project out to bid, accepting the bid, construction management, and making sure the project is completed.
Mr. Mercer said he gets involved because in the contract with DOT, if there happens to be a situation
where they are forced to use eminent domain to acquire property that they absolutely need to build this
project, then it is the City's responsibility, which is why they have come before our council tonight. Mr.
Mercer said the first phase will likely begin in May with a utility relocate; that phase two is the major
project and will hopefully begin in June, assuming the right -of -way issues can be cleared up, and said
Council Meeting Minutes: 04 -07 -09 Page 2 of 8
Approved by Council: 04 -28 -09
most of those issues are cleared up, and he said they hope DOT can advertise in July and actually be
under construction by September, with a completion date of October 2011; and he said the cost of the
project is about $20,400,000; which price could increase. He explained that a good argument for the
project is that Havana is pretty quiet primarily because for about seventeen hours on any day, it is blocked
by trains; there were traffic counts taken in 2004 and south of Broadway had about 7400 trips a day; north
of Broadway was about 700; directly tied to this are two major rail yards and two active freight lines; the
area is depicted by commercial and industrial development; and it will provide an additional
transportation route north and south for freight, as well as regular traffic, and it will connect from Mission
down to Sprague, and eventually to the freeway. In response to Councilmember Dempsey's questions
about the number of trips for Freya and Fancher north of Broadway, Mr. Mercer said he does not have
that information today. Deputy Mayor Denenny asked concerning traffic south and north of Broadway,
when that analysis was taken, he asked if a determination was taken as to whether traffic was diverting
back over to Freya and back over to Fancher, to circle around and get back on to Trent? Mr. Mercier said
he did not know the answer to that and only found that there was a traffic analysis done with figures for
Havana. Deputy Mayor Denenny said relative to Mr. Hite's concern, there is a difference between
eminent domain and taking something that obviously is on the right -of -way, continued use of the
property, and he asked what kind of dialogue and conversations or understandings there was for the
continued use of the property, given the consideration of the type of equipment entering and leaving Mr.
Hite's business. Mr. Mercer said there has been a fair amount of communication between Mr. Hite and
the DOT real estate representatives; and there has been dialogue between Mr. Hite since the City has
taken over the project, with the City's real estate representative, and he said Mr. Nesbitt is here; that he is
a real estate agent for the City of Spokane and perhaps he could give more information. Mayor Munson
asked what would be the affect of accessibility of his property to Havana as a result of this project.
Don Nesbitt; City of Spokane Real Estate Department: Mr. Nesbitt said it is his understanding that access
will be there; it will be a little further to the south due to the bridge's slope coming back down; and the
overall affect will be hard and the property owner has concerns that once you put the bridge in, you'd
have to slope down and the access beyond that slope will be difficult; he said he has to depend on the
engineers to say the slope will be down and access will be good; and again stated that he understands the
slope will not be far enough down to cause concern; and added those are the things they need to look at.
Mayor Munson said it appears there needs to be further discussion with the project planners; adding that
the project is federally funded and not locally funded. Mr. Mercer said about $1.4 million includes
stimulus funds. In response to Councilmember Taylor's question if the bridge can be done without going
through Mr. Hite's property, Mr. Mercer said if it could, this would not be an issue now; that it has been
determined that this property is necessary for the construction of the project. Councilmember Taylor
asked if there is a way to reconfigure the access so Mr. Hite could come in from Broadway. Mr. Mercer
said it is important to note that they will continue to negotiate with Mr. Hite; that a second appraisal has
been requested to look at the condition of his property after the construction of the bridge to determine if
there needs to be a full take of the property and therefore Mr. Hite would lose all use of the property; or
whether the ten -foot strip in question is ample; and said they are trying to negotiate with Mr. Hite now;
and if it gets to the condemnation procedure, the Courts will decide. Mr. Richman reiterated that this
ordinance and interlocal agreement only describe the portions of the property they actually need for the
project; and that they are looking at another appraisal to see if the acquisition of the portion needed for the
property will make it difficult or less feasible for Mr. Hite to continue business at that location; and if they
decide that is the case, they would offer to buy the entire site; that if that occurred, the City of Spokane
would buy it with the hope of selling it after taking the needed portion for the project. In response to
Councilmember Gothmann's question, Attorney Connelly said if this ordinance passes, this does not this
automatically give the City of Spokane right to condemn the entire property; and said procedurally,
further questions can be addressed after the public hearing is closed.
Council Meeting Minutes: 04 -07 -09 Page 3 of 8
Approved by Council: 04 -28 -09
There being no further questions or public comments, Mayor Munson closed the public hearing at 6:26
p.m.
1. First Reading Proposed Ordinance 09 -007 Providing for the Acquisition of Eminent Domain re
Havana Street Bridge Project — Mike Connelly
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor to suspend
the rules and adopt ordinance 09 -007 as drafted. There was no second and that motion was not pursued.
It was then moved by Councilmember Taylor and seconded, to move ordinance 09 -007 to a second
reading. City Attorney Connelly explained that this ordinance is relatively simple and straight forward,
that it is a declaration by this Council that Council feels public use and necessity requires the acquisition
of this property for a public purpose; i.e., the Havana Street Bridge, and that the property has been
deemed necessary to approach the bridge and the width of the bridge, and that this Council appoints the
City of Spokane as our agent to proceed with the eminent domain procedure either through negotiation
and settlement or court action, for the acquisition of just that strip; and if there are any further acquisitions
by agreement or negotiations, such would be between the City of Spokane and the property owner. Mr.
Connelly said Council's options are to pass the ordinance to a second reading or not; and said questions
can be addressed or materials provided prior to second reading. Mayor Munson asked if during the
negotiations it were deemed that Mr. Hite would not have adequate access for his equipment, when would
the City of Spokane Valley get involved in the negotiations about expanding his access on Broadway.
City Attorney Connelly said we can look at that if asked, but we would not be a party to the negotiations;
and would not be paying any of the costs or damages that may ultimately be awarded, and the City of
Spokane has agreed to fully indemnify us for any potential loss that may exist; it becomes an issue of
damage if an agreement isn't made, and if the damage includes relocation and the value of the entire
property and the cost associated with that so Mr. Hite could re- establish himself elsewhere; then that's a
damage the City of Spokane would have to bear through their capital project fund; and if they were to
change an access within Spokane Valley city limits, we would be involved as they would need an
approved access permit from Spokane Valley.
Councilmember Gothmann said he would like to see something identifying what the need is, whether
there is a need, i.e., a need for a bridge, and what kind of traffic exists both to the east and the west; and
said there should have been a traffic analysis of the affect of this bridge; and Attorney Connelly agreed
we need to see the traffic analysis. Councilmember Dempsey said she would like to see a map showing
the bridge project and Hr. Hite's property. Councilmember Wilhite said that road is a great shortcut and
she uses it whenever the trains are not there; and said it was her understanding that along with bridging
the valley, the City of Spokane also needs to replace the bridge over Freya and to facilitate the re -doing of
that bridge, another access will be needed with Havana the logical place; and said she feels once the
bridge is in place, the amount of traffic will increase; and said she sympathizes with Mr. Hite who brings
his extremely large equipment down the side of Havana, and it seems it would make it very difficult for
Mr. Hite to access his equipment off that property, and added she looks forward to seeing the map as well.
Mr. Connelly said that impairment of access is an issue that would be factored in with the cost of
acquisition between the two parties.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
2. Interlocal Agreement with City of Spokane Re Acquisition of Property, Havana Street Bridge
Project — Mike Connelly
City Attorney Connelly recommended this item be continued to the same date as the consideration of the
second reading of the associated ordinance. Council concurred.
Council Meeting Minutes: 04 -07 -09 Page 4 of 8
Approved by Council: 04 -28 -09
3. Motion Consideration: Memorandum Of Understanding with Spokane County for STEP — Steve
Worley
Senior Engineer Worley explained that we have been working with Spokane County and the STEP (sewer
tank elimination program) since 2005; and we have also been reviewing the recommended stormwater
improvements that would be done as part of the sewer projects. Mr. Worley mentioned there are minor
corrections to the Memorandum: paragraph #3, third line should be "unit prices submitted by the low
bidder(s); paragraph #4 amount should be $3,961,000; and the #7 should be deleted as Table 1 is part of
paragraph #6. Via his PowerPoint presentation, Mr. Worley explained the details of the 2009 STEP
paving costs and STEP stormwater costs and went over the reasons for the increase such as large lots
which equates to more paving gap areas; hillside projects which means shallower sewer trenches and
more paving area for the City; more collector arterials which means more to upgrade; and the hillside
areas have more stormwater issues. Mr. Worley explained that the street capital projects fund and the
capital grants fund have sufficient funds in the 2009 budget for the 2009 road paveback (STEP) project,
and the stormwater fund has sufficient funds in the 2009 budget for the stormwater improvements
associated with the 2009 STEP projects as well; adding that recommending approval of the $3.961
million dollar project would provide complete upgrades for the 2009 STEP projects; the City pays 42% of
the cost for new streets; and the County pays 58 %; and streets are not eligible for state or federal funding
programs. Mr. Worley proposed we hold off with the Bowdish and Evergreen Projects until the bids come
in for all sewer projects; and not spend the contingent funds in fund 303 and fund 307, which would mean
not moving with the $1.756 million but to move forward with the full paveback at $3,961. It was then
moved by Councilmember Wilhite and seconded, to approve the 2009 STEP Memorandum of
Understanding with Spokane County and authorize the City Manager or designee to sign the agreement.
Councilmember Gothmann mentioned he lives in Ponderosa area, and the pavement is in extremely poor
condition. Mayor Munson mentioned the history of the 2004 vote for full -width paving, which was not
approved at that time; that Council had forecasted there might not be enough funds in the future to do
such full -width paving and that Council would, and did, evaluate this on a case -by -case basis, running the
risk that citizens would argue if Council did it (full -width paving) for one neighborhood, why not for all;
adding that the economic situation is different now. Mayor Munson invited public comment.
Darla Arnold, 10512 E 44 stated that she works in our Public Works Department, but also lives in the
Ponderosa neighborhood; and said she feels the size of lots and value of lots in her neighborhood justify a
full paveback on the streets; she said she feels this issue is important, and hopes to have a nice road in
front of her home to fully appreciate the neighborhood.
Jeff Howe, 7101 E Rutter: said he formerly lived in the Rotchford area, and feels council shot itself in the
foot doing that zone change for the UR -1; that he understands there are federal funds they'll lose if they
don't proceed with this; and said it makes sense to pave the roads with the full paveback.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
Mayor Munson called for a recess at 7:15 p.m. and reconvened the meeting at 7:28 p.m.
4. Studded Tires — Joe Tortorelli
Mr. Tortorelli, Secretary of the Spokane Area Good Roads Association, gave background information and
history on the use and damage caused by studded tires; and said that at the conclusion of his presentation,
he would ask if Council would consider a resolution or letter of support for banning use of studded tires in
our state. After the presentation, there was no objection from Council to place this issue on an upcoming
agenda for a motion consideration; and noted that staff would advise Mr. Tortorelli when such agenda
item is scheduled.
Council Meeting Minutes: 04 -07 -09 Page 5 of 8
Approved by Council: 04 -28 -09
5. Proposed Batch Code Amendments — Christina Janssen /Greg McCormick
Planning Manager McCormick explained that these amendments represent a number of items which were
discovered after adoption of the Uniform Development Code, which items were incorrect, impractical or
omitted. Assistant Planner Janssen explained the proposed amendments, including some minor changes to
Chapter 17, alphabetizing the items in Table 17.80; and updating Table 18/80 -2 to make pre- application
meetings option for Type II applications with the noted exceptions; adding a requirement to Chapter 17
that all parking, maneuvering and outdoor storage areas shall be paved; amending Chapter 19 -A to allow
conditional warehousing in areas zoned community commercial; amending Chapter 22.50.020 to address
when parking areas shall be paved; amending 22.50.030 to make the text consistent with Table 22.110 -1;
removing hotel /motel from Table 22.50 -7; and updating directional sign information in Table 22.110 -1.
After Ms. Janssen explained the other proposed changes as noted in her PowerPoint presentation, she
stated that the Planning Commission unanimously recommended approval of these changes. There was
Council consensus to move forward at the next Council meeting for a first reading of an ordinance to
address these amendments.
6. Winter Road Maintenance — Neil Kersten
Public Works Director Kersten explained that on March 24 Council directed that the City move ahead
with the RFP (request for proposal) process to secure a private contractor for winter services; that on
March 26 he requested the County begin to develop a two -step RFP for those services, and suggested the
first step include those items shown on his April 7, 2009 Request for Council Action form; that the plan
was to lay out enough information so the contractors would clearly understand the scope of work and
what they'd be getting into so they could submit a letter of interest, and give us a better understanding if
there are contractors out there who would be interested; or if there was no response, to make another
decision and give council a chance to see more detail of what we'd ask of contractors; therefore we would
build the first phase and come back again before going to the street. Mr. Kersten said he sent this to the
County Engineer on March 26 but he had been unavailable so Mr. Kersten said he is unsure when he can
get that assistance. Mayor Munson mentioned the County Engineer had been out sick with pneumonia.
Mayor Munson mentioned Commissioner Richard's e-mail response [concerning who would be preparing
the RFP], and Mr. Kersten said that we need to clarify that they would assist in preparing the contract but
we would issue the RFP; and said he will contact County staff to get clarification on the various
responsibilities. Discussion included the need to work together to develop the scope of work; that Mr.
Kersten is working with WSDOT concerning their operations; whether we are (or will be) compensating
the County for their assistance, with a response from Mr. Kersten that he assumes they would want to be
paid for their time and normally when they do work for us, such as bridge inspections, we pay for their
services. Mr. Mercier said staff will schedule another update when we have new information.
7. Department of Licensing (DOL) Agreement — Chris Bainbridge
City Clerk Bainbridge explained that this is mostly a housekeeping item as the current contract with the
DOL for our Master License Service (MLS) expires the end of June; and this new contract's term would
be from July 1, 2009 to June 30, 2014. Ms. Bainbridge explained that the former contract stated that we
would establish a limited - service Washington State Unified Business Identifier (UBI) program field office
and issue UBI numbers when appropriate, and that is removed from the proposed contract as MLS now
does that exclusively; that the former contract listed Finance Director Thompson as the contract
coordinator, and the new contract lists the City Clerk as the contract manager, with invoices to be sent
directly to our Finance Department Accounts Payable. There was council consensus to place this item on
the next Council consent agenda for approval consideration.
8. Justice Assistance Grant (JAG) — Mike Jackson
Deputy City Manager Jackson said that he and members of the Police Department have been working on
this grant; that our eligible amount is approximately $200,000; and said that Chief VanLeuven had
Council Meeting Minutes: 04 -07 -09 Page 6 of 8
Approved by Council: 04 -28 -09
indicated he believes our best benefit is to join with Spokane County in identifying planned expenditures
that benefit both entities; and Mr. Jackson went over the possible funding expenditures as noted in the
March 31, 2009 memorandum from Morgan Koudelka, adding that the list is subject to change. There
was Council consensus to move forward and staff will bring back a draft agreement for council
consideration.
9. Advance Agenda — Mayor Munson
Mayor Munson mentioned cost information for pre -trial services will be addressed this Thursday; and he
said he has no opposition if they want to use grant money to use this on a test basis as this service will
reduce the number of people going through the system and free up space in the jail. Council concurred.
Mayor Munson also mentioned the letter from Briahna Taylor, Governmental Affairs Consultant
concerning a push for local infrastructure investment in final capital budget for 2009 -11, and said Council
will be able to review the final letter prior to it being mailed. There was no council objection to Mayor
Munson signing and sending the letter.
10. Information Only: The following items were not discussed or reported:
a. Parks and Rec Contract Updates; b. Banking Authority Update
c. Amended 2009 Transportation Improvement Program d. Federal Energy Efficiency Grants
11. Council External Committee Reports — Councilmembers
City Manager Mercier reminded Council that the purpose of this item is if any committees or boards that
Council is involved with, have significant policy questions that are being posed and need feedback from,
that this would be the opportunity for Council to register a position as opposed to making the typical
committee reports. Councilmember Gothmann explained about the planting of 5,000 pinwheels at
Spokane Regional Health District as part of a ceremony held to kick off the National Public Health Week,
and also National Child Abuse Prevention Month; and Our Kids our Business campaign; and to draw
attention to the plight of abused and neglected children; and he mentioned that Spokane has some of the
highest rates for the number of abused babies under a year old; and he suggested ways to get involved
include becoming a mentor to a child, or to a struggling parent; to work with elected officials not to leave
kids behind, and to put children and families first.
Mayor Munson mentioned his last week's e-mail concerning the Spokane Regional Transportation
Committee (SRTC); that they met again Monday and asked if Councils would support a regional
transportation benefit district (TBD); that there was mention of support if it could raise enough money for
capital projects and maintenance and operation costs; of wanting to change the term from ten years to
twenty so that bonding could be used; and of the desire to have more choices to raise money within the
TBD, such as a street utility program. Deputy Mayor Denenny said he recalled this council would not
support a regional district until the funds were allocated to local districts to take care of; and
Councilmember Taylor mentioned his concern with picking up a significant part of the tab for state and
federal projects. Mayor Munson said this issue will come to a vote and will call out specific projects; and
reminded everyone that the maintenance and operation funds goes to the municipalities where the project
is located; so we have to solve that problem first; he said they would go back to the SRTC and ask them
to look at a realistic list; that our own six -year Transportation Improvement Plan shows our needs; and
said we must determine how to fund it, and he asked if that approach is still valid. There appeared to be
no Council objection, and Councilmember Wilhite suggested proceeding with caution.
City Manager Mercier mentioned the court system working to adapt time schedules for producing
paperwork for review in order to get miscreants through the system as soon as possible; and said the
Superior Court is experimenting with this system at no additional cost; and said pre -trial services have a
proposal for a program with a price of about $2.24 million annually, to try to do early risk assessment at
the intake booking center.
Council Meeting Minutes: 04 -07 -09 Page 7 of 8
Approved by Council: 04 -28 -09
12. Council Check -in — Mayor Munson:
Mayor Munson had no further comments
13. City Manager Comments — Dave Mercier
Mr. Mercier had no further comments.
There being no further business, the meeting was adjourned at 8:35 p.m.
1
1
Christine Bainbridge, City Clerk
Council Meeting Minutes: 04 -07 -09 Page 8 of 8
Approved by Council: 04 -28 -09
In the Matter of:
SUPERIOR COURT OF WASHINGTON FOR SPOKANE COUNTY
NOTICE OF PUBLIC HEARING
City of Spokane Valley
Havana Street Bridge Project
STATE OF WASHINGTON
County of Spokane
MTICHAEL HITFEW,11„ being first duly sworn on oath deposes and says that he is the EDITOR , of The Spokane
Valley News Herald, a weekly newspaper. That said newspaper is a legal newspaper and it is now and has been for more than six months
prior to the date of the publication hereinafter referred to, published in the English language continually as a weekly newspaper in
Spokane County, Washington, and it is now and during all of said time was printed in an office maintained at the aforesaid place of
publication of said newspaper, which said newspaper had been approved as a legal newspaper by order of the Superior Court of the
State of Washington in and for Spokane County. That the following is a true copy of a ub ' n i as it was published in regular
issues commencing on the 27th day of March, 2009, and ending the 3rd day of April. 2009 all dates incl lsive, and that such
newspaper was regularly distributed to its subscribers during all of said period:
taT&T9PPIIBLIC HEARING
POKANE fAtze
The Gity Council will hold a Public Hearing hold a Public Hearing on
Tuesday, Apn17, 2009 „during the City Council's
regularly scheduled 6:0D p.m. Legislative Session
in Room #101, City of Spokane Valley City Hall,
11707 East Sprague Avenue, Spokane Valley
Washington, to hear public testimony on a pro-
posed ordinance providing for the acquisition by
eminent domain of certain lands necessary to be
acquired for public purposes in connection with
the Havana Street bridge Project, located in the
cities of Spokane and Spokane Valley, County
of Spokane. State of Washington. The proposed
ordinance relates to the proposed condemnation
of portions of Assessors Parcel Nos. 35142.9041
and 35142.9078. The proposed ordinance and
ttie full legal description of the acquisition is
available for review in the Office of the Gity Clerk,
11707 East Sprague Avenue, Room #103, City of
Spokane Valley, WA 99206, cfunng normal office
hours (Monday through Friday, 8 a.m. — 5 p.m.)
or call (509) 688-9177.
(Note: The meeting site is accessible to persons
with disabilities. Accommodations for people with
d+sabflities can be arranged with advance notice '
by calling (509) 688- 0021.)
3/ 78,4/3
PUBL C
F ' W AS`'
No.
AFFIDAVIT OF PUBLISHING
NOTICE
UB e RIBED an • RN to before me
this 3rd day of A •, , 2009.
State of Washington
County of Spokane
I certify that I know or have satisfactory evidence that
Michael Huffman is the person who appeared before
me, and said person acknowledged that he signed
this instrument and acknowledged it to be his free
and voluntary act for the uses and purposes men-
tioned in t e instrument.
Jolene Ra W tz
Title: N ary P blic
My app tment expires: 5 -16-11
QTY Item
BILL TO:
Spokane City Clerk
Attn: Terri Pfister / Laurie Farnsworth
808 W. Spokane Falls Blvd., Fifth Floor
Spokane, WA 99201
36 line
36 line
PLEASE REMIT TO:
Free Press Publishing, Inc.
P.O. Box 218
Cheney, WA 99004 -0218
Free Press Publishing Inc. D B A/
Spokane Valley
News Herald
P.O. Box 142020
Spokane Valley •Washington •99214
Phone (509) 924 -2440
Description
Notice of Public Hearing
City of Spokane Valley
Havana Street Bridge Project
legal publication 3/27
4/3
Invoice Number:
131884
Tax ID Number
Include invoice number & billing date with payment.
INVOICE
Invoice Date
[4-3-09
[26- 0223683
1
Unit Price Amount
0.85
0.75
RECEIVED
APR 0 3 2009
CITY CLERK'S OFFICE
SPOKANE, WA
$30.60
$27.00
TOTAL $57.601
Chris Bainbridge
From: Dave Mercier
Sent: Tuesday, April 07, 2009 3:59 PM
To: Chris Bainbridge
Subject: FW: Letters
Attachments: Fiscal Health Letter.docx; Spokane Valley Thanks.docx
Chris; Rich would like you to leave copies of the Fiscal Health letter attached hereto on the dais this evening.
Thanks. Dave
From: Briahna Taylor [mailto:btaylor @gth- gov.com]
Sent: Tuesday, April 07, 2009 3:42 PM
To: Dave Mercier
Cc: Tim Schellberg
Subject: Letters
Dave —
Briahna Taylor
Governmental Affairs Consultant
Gordon Thomas Honeywell Governmental Affairs
Phone: (253) 310 -5477
E -mail: btaylor @gth- gov.com
4/9/2009
Page 1 of 1
I apologize for not reaching out to you earlier this week. I have been at home sick, but I am getting back up on
my feet. I have put together two letters that I think the City should send.
The first is thanking the delegation on Greenacres Park funding and encouraging them to keep the effort up as
the final budget is developed.
The second letter is addressing the fiscal health package.
Please feel free to make changes to the letters and let me know if you have any questions.
BT
Send to:
Senator Bob McCaslin
112 Iry Newhouse Building
PO Box 40404
Olympia, WA 98504 -0404
Rep. Matt Shea
405 John L. O'Brien Building
PO Box 40600
Olympia, WA 98504 -0600
Rep. Larry Crouse
425A Legislative Building
PO Box 40600
Olympia, WA 98504 -0600
Dear Rep. /Sen.:
Last week, the 2009 -2011 Capital budgets were released. I am pleased to see that the Greenacres
Park project was funded in both the Senate and House. I want to thank you for your efforts to
get the project included.
As you know, Greenacres Neighborhood Park was partially funded in the previous budget. This
year's appropriation will provide the remaining funding to complete the park. The park is
located next to 16 acres of Central Valley School District Property and will serve over 2,700
Spokane Valley residents. When completed, it will be a vital asset to our community.
We appreciate your efforts and are hopeful the project will remain funded in the final budget.
Sincerely,
SV Mayor
Send to:
Senator Bob McCaslin
112 Iry Newhouse Building
PO Box 40404
Olympia, WA 98504 -0404
Rep. Matt Shea
405 John L. O'Brien Building
PO Box 40600
Olympia, WA 98504 -0600
Rep. Larry Crouse
425A Legislative Building
PO Box 40600
Olympia, WA 98504 -0600
Dear Spokane Valley Delegation:
With the release of the House and Senate budgets last week, we understand the magnitude of the
financial crisis you face. Some of the reductions outlined in the budgets will surely impact our
City, and likely make our job at the local level more difficult. However, we recognize that these
tough economic times leave little alternative and are not going to ask you to restore cuts. Rather,
we are asking you to support Senate Bill 5433 which provides cities and counties with local
options to address.
Senate Bill 5433 would drastically improve our ability to provide services to our citizens. The
bill has no fiscal impact to the state and is set to sunset in three years when our economy has
improved. With greater flexibility and more local options, the budget cuts made at the state -level
will be more bearable at the local level. The legislation contains the following helpful
provisions:
- Brokered Natural Gas: Restores the long standing tax on brokered natural gas. This is
not a new tax. The bill simply clarifies that the existing tax is still owed following a
recent court decision.
Real Estate Excise Tax Flexibility: The bill allows local jurisdictions to use 2nd
Quarter REET for the same categories as 1 Quarter REET is used. This allows
jurisdictions the flexibility to move money to where it is most needed.
Removes Supplanting Language: The bills eliminates supplanting language for the
county public safety sales and use tax, allows counties to partially supplant existing
funds for the mental health and chemical dependency sales and use tax, and allows
multi -year levy lid lifts to supplant existing funds.
Water -Sewer District Taxing Authority: Gives local jurisdictions the option to impose
a utility tax on water -sewer districts.
SB 5433 has many provisions to help local jurisdictions face the current financial crisis. We ask
that you support the entire bill, particularly the provisions listed above. Working together, we
can face these difficult financial times and continue to serve our citizens.
Sincerely,
Spokane Valley Mayor
S �•
Valley
•
SPOKANE VALLEY CITY COUNCIL MEETING
Tuesday, April 7, 2009
000 ign. o Ilow yoo wounili
Public Hearing
at the
PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents
for Council consideration should be provided to the City Clerk for distribution.
NAME
PLEASE PRINT
ADDRESS
TELEPHONE