2009, 02-24 Regular Meeting MinutesAttendance:
Rich Munson, Mayor
Dick Denenny, Deputy Mayor
Rose Dempsey, Councilmember
Bill Gothmann, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Diana Wilhite, Councilmember
MINUTES
City of Spokane Valley
City Council Regular Meeting
Tuesday, February 24, 2009
Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 154th meeting.
City Staff
Dave Mercier, City Manager
Mike Jackson, Deputy City Manager
Mike Connelly, City Attorney
Mike Stone, Parks & Rec Director
Neil Kersten, Public Works Director
Ken Thompson, Finance Director
Kathy McClung, Community Development Dir.
Steve Worley, Senior Engineer
Scott Kuhta, Senior Planner
Micki Harnois, Associate Planner
John Whitehead, Human Resources Manager
Lori Barlow, Associate Planner
Rick VanLeuven, Police Chief
Carolbelle Branch, Public Information Officer
Bill Miller, IT Specialist
Chris Bainbridge, City Clerk
INVOCATION: Pastor James Kashork of Holy Trinity Lutheran Church gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Munson led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Councilmember Taylor, seconded and unanimously
agreed to approve the amended agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Schimmels: mentioned he attended a Solid Waste meeting a few weeks ago; and also
attended the legislative session in Olympia.
Councilmember Taylor: reported that during the prior week he met with Spokane County Regional
Convention & Visitor's Bureau where they received a presentation from the Aerospace Museum; and
mentioned a legislative item regarding the expense of lodging tax dollars and that it appears there is a
growing trend for these funds not to be used in a manner promoting tourism.
Deputy Mayor Denenny: said he attended the Olympia legislative session; and the recent Health District
meeting.
Councilmember Dempsey: explained that she attended Spokane's State of the City Address by Mayor
Verner; an International Trade Association (ITA) function celebrating their grant for promoting green
technology in Asian countries, which technology was developed here; also attended the Legislative
Session in Olympia; and participated in the joint meeting yesterday with the Board of County
Commissioners.
Council Regular Meeting: 02 -24 -2009 Page 1 of 6
Approved by Council: 03 -24 -09
Councilmember Gothmann: said he attended an economic conference with the Spokane Chamber;
attended the Health Board strategic planning meeting; the legislative session in Olympia where he lobbied
for stable funding for the Health District; he mentioned that Senator Marr had introduced a bill that would
put the $24 million district budget in the hands of an unaccountable board of unelecteds; and that the
Spokesmen Review took a positive position on this but that he sent in a rebuttal, which has not been
published yet; and he distributed copies to the Councilmembers and the Clerk. Mayor Munson added that
Senator Marr's bill apparently lacks support for making it statewide, and said the bill is targeted only at
Spokane County, but that the other thirty-eight counties go along with the current representation of
County Commissioners being responsible for health.
Councilmember Wilhite: reported that she attended the Spokane Regional Transportation Council
meeting recently in Washington, D.C. where a stimulus package was voted on, and she mentioned the
process was fascinating; however, transportation didn't fare as well as she would have liked; and said that
she attended Spokane's State of the City Address, a dinner sponsored by ITA, and the joint meeting
yesterday with the County Commissioners.
MAYOR'S REPORT: Mayor Munson reported that he is meeting monthly with Mayor Verner as they
work to find efficiencies in working together, and said these discussions are preliminary and that he is
hopeful to see progress as time goes on; that he attended Spokane's State of the City Address; attended a
meeting with members from AutoRow; he met with Commissioner Mielke to discuss upcoming meetings
such as the joint meeting held yesterday with the Board and our Council; that he attended Fire District 8
Awards Dinner; the Veterans of Foreign War 75 Anniversary; and the legislation conference all last
week in Olympia; and said he wants to make sure we can keep the funding awarded for our Greenacres
Park, but the legislature is examining the capital budget as a source to help balance the rest of the budget;
and that while at that conference, he attended some training classes sponsored by the Association of
Washington Cities; that as mentioned, Council met with the Board of County Commissioners yesterday
where all parties agreed to continue to communicate and to find areas where they can work together; that
today he attended a CTED (Community, Trade, Economic Development) working meeting on joint
planning; and added that the stimulus package still has numerous unknowns, but it appears there will be
limited funding for this area.
PUBLIC COMMENTS: Mayor Munson invited general public comment.
Mary Pollard, 17216 E Baldwin Ave: mentioned that outdoor lighting is a big problem; that she
understood Council had addressed that and exempted single and two- family structures from having to
shield light; and said she hopes that is a mistake as residents should be protected from lighting; that there
are many extremely dense developments, and she asked Council to adopt what is occurring nationally.
Mayor Munson said that staff will contact her concerning this issue.
1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separately.
a. Claim Vouchers, Voucher # 16659 through # 16697; $105,365.04
b. Payroll for pay period ending February 15, 2009: $371,956.32
c. Approval of Council Study Session Meeting Minutes of February 3, 2009
d. Approval of Council Regular Meeting Minutes of February 10, 2009
e. Approval of City Hall Redwood Building Lease Extension
It was moved by Councilmember Wilhite, seconded, and unanimously agreed to approve the consent
agenda.
Council Regular Meeting: 02 -24 -2009 Page 2 of 6
Approved by Council: 03 -24 -09
OLD BUSINESS:
2. City Hall Design Services Motion Consideration —Neil Kersten
It was moved by Councilmember Taylor and seconded, to remove from the table the issue of Schematic
Design Services for the New City Hall Facility. Vote by Acclamation to remove the issue from the table:
In Favor: Mayor Munson, Deputy Mayor Denenny; and Councilmembers Schimmels, Taylor, Gothmann,
and Wilhite. Opposed: Councilmember Dempsey. Abstentions: None. Motion carried. It was then moved
by Councilmember Taylor and seconded by Councilmember Gothmann, to approve the schematic design
contract for City Hall to Bernardo Will /GGLO in the amount of $377,000.
Prior to council discussion, Public Works Director Kersten explained that Council had asked the status of
the re- design and cost and he said he would have that available next week to go over that layout for the
specific numbers, and asked if Council wanted to consider this issue now or delay this until later. Mayor
Munson said he would like to discuss phasing the design process more closely with the purchase of
property, and Mr. Kersten said he will also have that update next week. Based on the unavailability of
additional data, Mayor Munson asked Councilmember Taylor if he would like to withdraw his motion,
and Councilmember Taylor declined; however, Councilmember Gothmann withdrew his second; and
therefore with no second to the motion, the issue was not discussed. Because this issue was originally set
for action, Mayor Munson invited public comments.
Mary Pollard, 17216 E Baldwin Avenue: said she was dismayed this was coming up for action; feels the
issue is premature, and that the funds should be saved for an emergency.
James Pollard, 17216 E Baldwin Avenue: commented that this is a poor time for Council to consider such
an investment particularly in light of the current economic crisis.
Steven Neil, 10820 E 18 Avenue, Spokane: mentioned the City's projected $111 million budget and how
that had grown from $33 million a few years ago; said we are in a recession or depression; and he
questioned how Council could justify spending almost $400,000 on plans for a "private playhouse" and
said he has not found anyone in favor of a new city hall or improvements on Sprague Avenue; and said he
sees this as a simple power play to create a monument.
NEW BUSINESS:
3. Second Reading Proposed Ordinance 09 -001, Street Vacation STV 04 -08 — Micki Harnois
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded to adopt Ordinance 09 -001. Associate Planner Harnois explained that the street vacation
proposal had not changed since the first reading; however, in discussing the area with the applicant's
representative, it was discovered that different County maps showed parts of this area vacated and parts
not; and the applicant would like something included in the ordinance to address that; so to have the
ordinance read more succinctly, staff proposed adding a new #3 under section 1 to read: "A portion of
Tschirley north further described as: that portion south of paved area to railroad right -of -way, was
previously vacated by Spokane County." Councilmember Taylor moved to amend the motion to amend
the ordinance under Section 1, part 3 as stated above; and that motion was seconded. Mayor Munson
invited public comment; no comments were offered. Vote by Acclamation to amend the motion: In
Favor: Unanimous; Opposed: None. Abstentions: None. Motion to amend passed. The vote on the
amended motion to adopt Ordinance 09 -001 with the noted change also passed unanimously in favor.
4. Second Reading Proposed Ordinance 09 -002 Amending SVMC Title 20 — Lori Barlow
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and
seconded to approve Ordinance 09 -002. Associate Planner Barlow explained that this ordinance is an
effort by staff in working with professional land surveying committee members to address omissions and
errors, and to create a more efficient process; with the majority of significant changes made in sections
Council Regular Meeting: 02 -24 -2009 Page 3 of 6
Approved by Council: 03 -24 -09
20.20, 20.30, and 20.40. Mayor Munson invited public comment. Mary Pollard, 17216 E Baldwin
Avenue, stated that development regulations should be such that development would ensure that
properties next to them would not lose something and to ensure there is some kind of access to the
property; she said people not part of development are not aware of their rights, and as projects build out it
could bother others; that it is important to notice if maybe there is a discrepancy from the property next
door; and she said she doesn't see the process as protecting people next door; and if that is not applicable
here, perhaps it would be something to think about in future; and she said there should be notice to the
adjacent properties telling them their rights, even when it comes to things like putting in public sewer; or
perhaps even have a template for how to file a LUPA. Vote by Acclamation on the motion to approve
ordinance 09 -002: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. First Reading Proposed Ordinance 09 -003 Setting Speed Limits — Inga Note
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and
seconded to advance the Ordinance to a second reading. Public Works Director Kersten said that this is
more of a housekeeping item to revise the current code to be more user friendly to citizens and staff;
adding that staff has included all the streets and areas that are exceptions to that typical 25 mph; and the
ordinance also includes a provision for the traffic engineer to reduce speeds temporarily at construction
zones. It was noted that the directions connected with Mullan Avenue needs to be corrected. Mayor
Munson invited public comments; no comments were offered. Vote by Acclamation on the motion to
advance the ordinance to a second reading: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion carried.
PUBLIC COMMENTS: Mayor Munson invited general public comment; no comments were offered.
ADMINISTRATIVE REPORTS:
6. Capital Project Design for Stimulus: Bowdish Road (32 — 8`") — Steve Worley
Engineer Worley explained that this and the following agenda item are similar; that this is an agreement
with Coffman Engineers for the Bowdish Road Improvements; and said that this would be included in the
stimulus package, but that issues for the stimulus are changes almost daily; that last December he brought
forth information regarding capital projects we thought would qualify for some of this funding; and said
that the stimulus bill now allows up to one year to get those funding obligations; that there is still
projected $10.1 million for the Spokane Region, but we still don't know how they will get obligated to
projects and there is a meeting tomorrow afternoon to review how to go about selecting projects to use
this $10.1 million; and said that last January when the pavement management program was discussed, it
was determined we needed to come back and give an overall picture of the capital projects funding; and
said he feels we need to do that before we move forward on this and the next agreement; so staff will
prepare information to give Council that broad picture of the entire capital projects funding scenarios in
order to have good information on how to move forward on these projects. In response to Mayor
Munson's question concerning SRTC designated as allocator of funds, Mr. Worley explained that the
transportation funding in the stimulus package goes through the same channel as all other federal funds;
that the process is already established, and that process will be used for the stimulus funds, which is an
advantage on the transportation side as there are many other programs without a process. There was some
discussion concerning the percentage of funds going to the state and the percentage for enhancement and
Mayor Munson suggested the need for clarification, and Councilmember Wilhite said she will be meeting
with Senator Murray and will gather the information. With that in mind, it was determined this item, as
well as agenda item #7 below, will not move forward at this point.
7. Capital Project Design for Stimulus: Evergreen Road /32" Ave. — Steve Worley
As mentioned above, this item will be brought back when further information is available.
Council Regular Meeting: 02 -24 -2009 Page 4 of 6
Approved by Council: 03 -24 -09
Mayor Munson called for a recess at 7:05 p.m. and reconvened the meeting at 7:15 p.m.
DELIBERATION:
8. Sprague /Appleway Revitalization Plan — Scott Kuhta
Senior Planner Kuhta explained that tonight's goals are to follow -up with the prelocated streets; signs,
parking, district zone, Book 3 concerning city actions; then discuss phasing the plan, and the public
hearing format. Mr. Kuhta gave a summary of deliberations from the February 3, 2009 council meeting,
then moved into examining the map showing pre- located streets. Mr. Kuhta reviewed maps for "Valley
Corridor" one through five with no recommended changes from Council except Mr. Kuhta noted that on
Valley Corridor 4, one street needs to be taken out as it is too close to the other street. In response to
questions concerning actual placement of the streets, Mr. Kuhta said the re- development would be for the
entire corridor, and if a building currently exists where a street is slated, then the street won't be put in;
and in response to question about an appeal process, Mr. Kuhta said that any decision of the Community
Development Director would be appealable to the Hearing Examiner. Attorney Connelly added that from
the Hearing Examiner, a further step would be to the courts; that the only appeal would be whether the
ordinance is being complied with or is lawful; and said if Council desires to build flexibility into this,
code language would need to be amended; or language could be added concerning the timing, something
different could be considered; or Council could give the Community Development Director flexibility to
make certain adjustments based on certain criteria; with Deputy Mayor Denenny adding that a future
council always has the option to make changes in regulations.
Further discussion on pre- located streets included mention of rapid transit and access management; that
all access management is subject to future alignment for the light rail; that access cannot be shut off; of
trying to preserve some future acquisition areas or prelocated streets on the south side of Appleway; the
idea of including in the plan, a time frame about completion of Appleway; delaying application of pre -
located streets until Spokane Valley owns Appleway; that building orientation requires buildings face a
street; and of moving ahead and changing the plan later if needed.
Council then reviewed the chapters with the following results:
SIGNAGE
Page 7, #6 shows a freestanding sign; Mr. Kuhta said he will clean that up
Page 8 was already changed by the Planning Commission so Mr. Kuhta said it will remove that
Page 29: remarks concerning the need to make guidelines consistent
PARKING:
Discussion was held on page 8, v)1 and whether to change it or delete it; there was consensus to take out
v)i on page 8, then move the other guidelines into that standard area so it stays at every five spaces.
DISTRICT ZONE REGULATIONS:
#3: Mr. Kuhta said he and Attorney Connelly will discuss this further to make sure this is clear enough,
and may make further changes if warranted, after the public hearing; with Attorney Connelly stating that
he will work with Mr. Hume to make sure there is no confusion.
Page 6: temporary regulations: core street, item "c ": Mr. Kuhta said he would take out the word "until"
and it was noted that section ii should be iii, and it should read "not constructed but permitted "; and Mr.
Kuhta said that he and Mr. Connelly will make sure that wording is specific enough. Regarding section
2.2.1 building orientation, Attorney Connelly said that this would have to fit residential requirements is
Council wanted that on Appleway, and that staff could change the wording so the building can front; and
that staff would work on that language if Council desired. City Manager Mercier suggested we proceed
with the March 3 deliberations, and there could be changes made if needed.
Council Regular Meeting: 02 -24 -2009 Page 5 of 6
Approved by Council: 03 -24 -09
STREET & OPEN SPACE REGULATIONS: there were no suggested changes.
Mr. Kuhta said that Book 3 City Actions is the last piece of the plan; he showed diagrams for new cross -
sections for Sprague and Appleway, and said for future deliberation consideration, Council might want to
consider their preference to seeing new street sections proposed as part of this plan and process, or having
staff put a placeholder and amend the Plan in the future as needed; adding that the section between I -90
and Dishman Mica where it will remain one -way, still calls for narrowing from seven to five lanes.
Attorney Connelly mentioned that this book would be adopted by resolution, whereas the other books
would be adopted via ordinance.
INFORMATION ONLY: The following items were for information only and were not reported or
discussed: Indiana Avenue Extension Project, TIB Grant; Mission Park Bid; Department Reports.
EXECUTIVE SESSION: Pending Litigation; Land Acquisition — N /A. This item was removed from the
agenda.
It was moved by Councilmember Schimmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8:58 p.m.
hristine Bainbridge, City Clerk
Council Regular Meeting: 02 -24 -2009 Page 6 of 6
Approved by Council: 03 -24 -09
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SPOKANE VALLEY CITY COUNCIL MEETING
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3. A portion of Tschirley north further described as: that portion south of paved area to
railroad right- of -way. was previously vacated by Spokane County.
3:4. The substitution of a new and different public way would not be more useful to the public.
4.5. Given the present age and condition of adjacent development, it is unlikely that conditions
may change in the future as to provide a greater use or need than presently exists. It is
recommended that the east and southwest parcels be aggregated and/or a permanent access
easement be placed on the property.
36. No objections have been made by owners of private property (exclusive of petitioners)
abutting the street or alley or other governmental agencies or members of the general
public.
6:7. Pursuant to Resolution 07 -009, Section 1: Policy
1. TSCHIRLEY NORTH (the 30 foot wide by 607 foot long portion). Upon approval of
the vacation, applicant Steve Slehofer will receive one -half of the 175 feet of Tschirley
Road directly south of Euclid Avenue. Lumber Yard Supply Company applicant will
receive the other one -half of the 175 feet of Tschirley Road directly south of Euclid Avenue
and the remaining 30 foot wide by 432 (607 feet minus 175 feet) foot long portion of
Tschirley Road abutting their property. The cost for property received as a result of a
vacation initiated by an adjacent property owner shall equal fifty percent (50 %) of the
appraised value of the vacant property received. The appraised value shall be the same as
the value of an equivalent portion of property adjacent to the proposed vacation as
established by the Spokane County Assessor at the time the matter is considered by the City
Council. If the value of adjacent properties differs, then the average of the adjacent property
values per square foot will be used. Based on the average appraised value of the adjacent
properties for the 30 foot wide by 607 foot long portion of Tschirley Road, applicant
Steven Slehofer's cost is $3,675.00, which is 50% of the appraised value. Lumber Yard
Supply Company has a cost of $21,102.20, which is 50% of the appraised value on the
portion opposite Mr. Slehofer's property and the total vacated area south of that portion
(12,960 square feet).
2. TSCHIRLEY SOUTH: (the 30 foot wide by 440 foot long portion). Pursuant to Section
22.140.040.0 of the Spokane Valley Municipal Code (SVMC) one -half of a vacated street
shall go to each abutting owner unless factual circumstances otherwise dictate a different
division and distribution of the street to be vacated. The recorded map of Plat No. 3 of West
Farms Irrigated Tracts dated January, 1911 shows that this portion of Tschirley Road was
wholly contained within the plat and adjacent to the Union Pacific Railroad right -of -way.
The property owner has the entire fee interest and will bear the entire cost of the property
received as a result of the vacation of the 30 foot wide by 440 foot long portion of
Tschirley Road north of the Union Pacific Railroad right -of -way. Based on the appraised
value of this entire area, Lumber Yard Supply Company has a cost of $19,668.00.
Section 2. Property to be Vacated. Based upon the above findings and in accordance with
this Ordinance, the City Council does hereby vacate the street which is incorporated herein by reference,
and defined as follows:
"The portion of Tschirley Road lying 607 feet directly south of Euclid Avenue" and "the portion
of Tschirley Road lying 440 feet west of vacated Tschirley Road and north of the Union Pacific
Railroad right -of -way as depicted in Appendix A attached hereto; located in the NW %4 of Section
7, Township 25 North, Range 45 East, Willamette Meridian, Spokane County, Washington.
Ordinance 09 -001- Street Vacation (STV- 04 -08) Page 2 of 6
To the Editor:
According to the SR, the Health District should be judged by 1) have we been able to recruit a
full time Health Officer (admittedly a problem) and 2) are we maintaining a "Don't consider other
data" approach to problem solving.
A much more important question is, "Are we addressing public health ?" This past year, a
monkey bit three people, a chicken -pox outbreak occurred, and, now, we have a peanut butter
scare. In each of these cases, the District became aware of the problem, they notified Interim
Health Officer Dr. Jecha, he made the medical decision, the decision was carried out, and the
BoaFd`4w45, notified of that decision. Public health was always the highest priority.
But what if the Public Health Officer had closed the entire school district, or had quarantined the
entire county in their homes for the chicken pox outbreak as he /she has the police power to do?
Should such an authority report to an unelected bureaucracy or should they be accountable
through your local representatives?
The Board, Health Officer, and Administrator each have their own roles. They must coordinate,
communicate, and exercise team leadership to assure the best health of our community. We
are doing precisely that.
Bill Gothmann, Vice Chair, Health Board
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 24, 2009
Item: Check all that apply;
03
City Manager Sign -off:
❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Office Space Lease Extension At Redwood Plaza
PREVIOUS COUNCIL ACTION TAKEN: The City leased office space at Redwood Plaza when
the city incorporated in 2003. Additional space was leased at the same site as the city grew and
required more space. As part of the agreements to lease additional space, and in recognition
that any new city owned facility would not be ready by the expiration of the original lease, the
city extended the original lease so that all city leases at Redwood Plaza currently expire at 3 -31-
10.
BACKGROUND: Staff tried to extend the lease again in 2008 but the leasing agent wanted a
surcharge to extend the expiration date beyond 3- 31 -10. Staff was also concerned the rate per
square foot might be greater than comparable facilities elsewhere in the community.
With the expiration date a year away, staff has again approached Web Properties about an
extension on our lease.
Staff has also used an independent realtor to gather information about available space in
Spokane Valley.
It has been difficult to find 20,000 to 30,000 square feet of space at one site. Another problem
is anticipating our space needs over the next five years.
After reviewing available space in the community and considering the cost of moving, staff
believes extending the existing lease at Redwood Plaza with a 3% annual increase is the best
option.
We have one year left on our current lease beginning 4 -1 -09 at
1/00111111
re foot per year.
OPTIONS: 1.) Extend the existing lease with Redwood Plaza with 3% annual increases; 2.)
Lease space in another facility of comparable size; 3.) Split city offices into several sites
RECOMMENDED ACTION OR MOTION: Move to authorize City Manager or designee to
execute a three -year extension of the office space lease at Redwood Plaza with a 3% increase
in the rate /square foot on April 1 of each year.
BUDGET /FINANCIAL IMPACTS: A 3% annual increase will cost the city $13,600 more each
year.
STAFF CONTACT: Ken Thompson, Finance Director
ATTACHMENTS: Current (2007) Lease
i
course of dealing, usage of trade, or course of performance. There are no verbal agreements which
qualify, modify or supplement this Agreement.
5. Counterparts. This Agreement may be executed in two or more parts, each of which shall be
deemed an original, but all of which together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have set their hands this day of
2008.
LESSOR LESSEE
NORTHWEST CHRISTIAN SCHOOLS CITY OF SPOKANE VALLEY
BY: BY:
ITS:
BY:
ITS:
Executed On
ADDRESS FOR NOTICES AND RENT ADDRESS FOR NOTICES
Northwest Christian Schools, Inc.
C/o WEB Properties, Inc.
S 140 Arthur St., Suite 510
Spokane, WA 99202
ITS
Executed On
City Of Spokane Valley
11707 E. Sprague Suite 106
Spokane Valley, WA 99206
Initials: