2020, 01-21 Study Session MINUTES
City of Spokane Valley
City Council Regular Meeting
Study Session Format
Tuesday, January 21, 2020
Mayor Wick called the meeting to order at 6 pm
Ben Wick, Mayor Mark Calhoun City Manager
Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager
Pam Haley, Councilmember Cary Driskell, City Attorney
Tim Hattenburg, Councilmember Erik Lamb, Deputy City Attorney
Rod Higgins, Councilmember Chelsie Taylor, Finance Director
Linda Thompson, Councilmember Mike Stone, Parks &Rec Director
Arne Woodard, Councilmember Bill Helbig, City Engineer
Gloria Mantz, Engineering Manager
Adam Jackson, Planning/Grants Engineer
Lori Barlow, Senior Planner
Mike Basinger, Economic Dev. Manager
Mark Werner, Police Chief
Christine Bainbridge, City Clerk
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AMENDED AGENDA: It was moved by Councilmember Thompson, seconded and
unanimously agreed to approve the amended agenda.
PROCLAMATION: Community Risk Reduction Week
Mayor Wick read the "Community Risk Reduction Week" proclamation, which was accepted with thanks
from members of the Spokane Valley Fire Department.
ACTION ITEMS:
1.PUBLIC HEARING: Proposed Amended 2020 Transportation Improvement Program(TIP)—
Adam Jackson
Mayor Wick opened the public hearing at 6:05 p.m. and invited Mr. Jackson to the podium. Mr. Jackson
explained about the need to amend the 2020 TIP as outlined in his Request for Council Action form. Mayor
Wick invited public comment; no comments were offered and Mayor Wick closed the public hearing at
6:08 p.m.
2. Proposed Resolution 20-002 Amending 2019 TIP —Adam Jackson
It was moved by Deputy Mayor Peetz and seconded to adopt resolution 20-002 amending the 2020 TIP.
Vote by acclamation: in favor: unanimous. Opposed' none. Motion carried.
2a. Motion Consideration: Barker Grade Separation Project, SPW Property Acquisition - Gloria Mantz,
Cary Driskell
It was moved by Councilmember Thompson and seconded to authorize the City Manager to finalize and
execute any paperwork necessary to complete this transaction with SPW/Dist LLC for the purchase price
of$47,820. Engineering Manager Mantz explained that the right-of-way agent has negotiated a purchase
price for the rights needed for the identified parcel as shown on the accompanying map, at the stated price.
Mayor Wick invited public comment. Mr. Del Liljegren of Spokane Valley asked if this requires any
additional property acquisition to complete this project. There were no other public comments. In response
Council Meeting Minutes:01-21-2020 Page 1 of 5
Approved by Council:02-04-2020
to the question, Ms. Mantz said yes, there are still three other parcels where we have not yet acquired the
rights. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
2b. Motion Consideration: Barker Grade Separation Project--Jovi Property Acquisition— Gloria Mantz,
Cary Driskell
It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to,finalize and execute
any paperwork necessary to complete this transaction with Jovi LLC for the purchase price of$728,500
plus $14,856.40 in legal fees. Ms. Mantz explained that the right-of-way agent has negotiated a purchase
price for the rights needed for the identified parcel as shown on the accompanying map, at the stated price.
Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor:
unanimous. Opposed: none. Motion carried.
3. Motion Consideration: Memorandum of Understanding with Spokane County for Shared Grant
Application to INFRA—Adam Jackson
It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to,finalize and execute
the Memorandum of Understanding between the City of Spokane Valley and Spokane County for the
preparation and submittal of a.joint application to the Infrastructure,for Rebuilding America(INFRA)grant
program.for the Sullivan Road and Bigelow Gulch/Forker Road Improvement Projects. Mr. Jackson went
over some of the history behind the projects as described in his Request for Council Action Form, adding
that applications are due February 25. There was brief discussion about how to make this grant application
appear more favorable, and Mr. Jackson said that although the project would probably qualify as a small
project,he will likely move it forward as a Large project as there are more funds available for large projects,
keeping in mind large projects have a threshold of$100 million, and to also make the application more
appealing, he noted that the federal government wants their funds to be used to leverage more dollars, so
winning projects are leveraging non-federal funds. Mayor Wick invited public comment; no comments
were offered. Mr. Jackson said having letters of support will also be important, especially at the federal
level. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
4. Motion Consideration: Valleyfest Contract Cary Driskell
It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to finalize and execute
the Valleyfest Agreement. City Attorney Driskell explained, as he had at previous meetings, that this
agreement represents the long-term relationship the City has had and continues to have with Valleyfest.
Mayor Wick invited public comment; no comments were offered. Vote by acclamation: in favor:
unanimous. Opposed: none. Motion carried.
NON-ACTION ITEMS:
5. Point 09% Campaign for Economic Development Funding — Mike Basinger; and GSI Public Affairs
Director Cara Coon
Economic Development Manager Basinger explained that part of his role is to collaborate with regional
partners; he mentioned that he serves as the staff liaison for Greater Spokane, Inc. (GSI), and that he also
serves on their public policy committee; he said that committee has had numerous discussions concerning
finding sustainable sources of funding to support economic development initiatives in our county; he
mentioned that GSI serves as the County's Association Development Organization, or ADO; as the ADO,
he explained that GSI is charged with coordinating recruitments for Spokane County; he mentioned that
ADOs are partly funded by the Department of Commerce, but that funding is limited and requires GSI to
contact jurisdictions and other partners for funding to support their efforts to build the region's economy.
Mr. Basinger stated that in the past, GSI worked with partnering jurisdictions to explore opportunities for
regional economic development initiatives, including the concept of creating a Port District,which concept
never came to fruition; however, he further explained that GSI is proposing legislation to expand state law
to allow border counties a rebate of.09% of the sales and use tax to fund regional economic development
Council Meeting Minutes:01-21-2020 Page 2 of 5
Approved by Council:02-04-2020
initiatives; and tonight Ms. Cara Coon, GSI Public Affairs Director, is here to provide more information
regarding this initiative.
Ms. Coon stated that her county has discussed a port, and even though it hasn't moved to fruition, they are
still working to secure economic funding for this county; she said we are the only county out of 39 in our
state, that doesn't have economic development funding for infrastructure and for incentives for businesses
to come to our area. She said that since about 1997, they have been looking at a program in Washington
state for distressed and rural counties, and the current program is Point 09. She explained that the Point 09
campaign's purpose is to expand and secure economic development funding for rural and border counties
in Washington state with Senate Bill 5899;that.09%of the sales and use tax generated in the county would
be rebated back to the 32 rural counties in Washington; that in examining ways to fund economic
development, they are looking to this bill which has been paired with other bills; Senate Bill 5899 and
House Bill 2494 were released this week to expand that RCW to include border counties in addition to rural
counties, which she explained, would enable Spokane County to receive a rebate of .09% to use for
infrastructure for economic development. She mentioned that a majority of the counties in our state,
including those that receive the .09%, also have port districts; she mentioned again that this would not be
new tax, but rebated sales and use tax; she said the bills would also align all the participating counties so
they would all expire in 2045. Ms. Coon said she realizes this might not get passed this time as it is a short
legislative session; but this bill would affect 34 of the 39 counties; she said this would be a regional benefit
and when successful,the money goes to the county, and she noted that Yakima County is a good county to
look to for process; she noted the funding is estimated for Spokane County at$10 to $11 million every year
and that they are hoping that every municipality will be involved as well as other entities such as the Airport
Board and the Public Development Authorities and said they would be able to access the funds through the
RFP (request for proposal) process. Mr. Coon said they are activating their local coalition and have had
discussions with the local fifteen legislators within the County,and she said they view this as needing state-
wide support. She urged Council to check out the website at.09.com for further information; and she asked
that the City of Spokane Valley endorse this program; and said Council can see other endorsements on the
website.
Councilmember Thompson asked what is the total this would cost the state, and where does that money
come from. Ms. Coon said the money would come directly out of the general fund, and with the addition
of Spokane and Clark Counties would be $43 to $44 million biannually; Spokane County would get about
$10-11 million,and Clark County would get about$12 million; so again,she said this is money rebated out
of the general fund and the counties in the program now will not see any change.Councilmember Thompson
asked about the makeup of the coalition, and Ms. Coon said the partners include a representative from each
municipality, a representative from each PDA,the Airport, the County, and the Tribes. Mayor Wick asked
if Ms. Coon has examples of what the money has been used for; and she replied that Yakima has a list of
projects they funded from 1997;that projects can include transportation,and the project would be up to our
County to set the parameters, and she added that it would be investing in economic development and they
are looking for higher than minimum wage jobs, but that the fiscal notice would be quite large. In response
to a question from Councilmember Hattenburg about the difference between this and a port district, she
explained that a port district would be another layer of government and another property tax; and that this
would use state sales and use tax; she added that no port districts have been created since the late 1980s,
Mayor Wick asked if this is already on our legislative agenda, and City Manager Calhoun said that one of
the items on our state legislative agenda encourages the development of new economic development tools;
and when this was previously brought up, our lobbyist Briahna Murray with Gordon Thomas Honeywell,
addressed the .09 campaign, and he said we lent our City logo to that effort in Olympia based on Council
including that in our legislative agenda. Council thanked Ms. Coon for coming tonight.
Council Meeting Minutes:01-21-2020 Page 3 of 5
Approved by Council:02-04-2020
6. Insights About the City of Spokane Valley from Spokane Trends—Dr. Patrick Jones, EWU
Dr. Jones thanked Council for tonight's opportunity, and said he was last here in 2007 and gave a similar
presentation. Dr. Jones explained that he runs the Institute for Public Policy Economic Analysis at Eastern
Washington University, and in that capacity he and his colleagues do a variety of things; one of which is to
conduct studies funded by the University and done by faculty; another is contract research, and a third
example is the data work he will discuss tonight. In accessing the Spokane Trends website, Dr. Jones
explained that Spokane Trends was motivated out of the need for supplying quick, non-biased information
to municipalities and citizens on various demographics; and he briefly went through some of the categories,
such as growth population, racial diversity, median income, homeownership, and poverty rate. Dr. Jones
ended by stating that the data is always being updated, and he encouraged Council and others to explore
the website at their leisure.
7. Code Text Amendment 2019-0003 Signage Regulations—Lori Barlow
Senior Planner Barlow explained that this is a City-initiated code text amendment to allow wall signs on
properties in the aesthetic corridors; she explained that only monument signs are allowed on properties in
the aesthetic corridor, which means that even walls signs are prohibited; she noted that this matter was
presented to the Planning Commission during an October study session and public hearing, with findings
of fact being approved December; and if Council concurs with this proposal, an ordinance first reading will
be before Council at the February 4 Council meeting.There was brief discussion about other types of signs,
or dimensions of the signs, but Ms. Barlow stressed that the only issue is to allow wall signs, adding that in
presenting a code text amendment, staff also looks to further refine and clarify language in the code. There
were no objections fi-om Council to moving this forward to an ordinance first reading.
8. CenterPlace Facility Rentals--Mike Stone
Parks & Recreation Director Stone gave some history of the CenterPlace Regional Event Center and how
renting space is now a primary goal of CenterPlace; said staff is constantly reviewing and monitoring fees
with the goal to provide a high quality experience at a fair and reasonable price; he said the Center's fees
are not the lowest, nor the highest but are competitively priced for the quality of space and level of service
provided. Mr. Stone also mentioned there are two instances where the City does not charge a fee, one is for
Valleyfest's use in exchange for an annual community event, and the other is for the Spokane Valley Arts
Council in exchange for the periodic donation of art. Mr. Stone said the City may also waive use fees for
City sponsored business or intergovernmental use where the public is invited; and he briefly went over the
revenue and expenditures history as shown in his accompanying chart.
9. Enabling Ordinance Regarding Senate House Bill 1406, Sales &Use Tax Funds—Cary Driskell
City Attorney Driskell explained about Senate House Bill 1406, now RCW 82.14.540 and of our Council
adopting Resolution 19-013 representing declaration of intent to adopt an enabling ordinance to authorize
the maximum capacity of the sales and use tax authorized by that regulation.All members of Council agreed
to move this forward for an ordinance first reading.
10. Advance Agenda—Mayor Wick
Deputy Mayor Peetz said that art murals are getting popular and asked if murals are permitted. Mr.Calhoun
said he will talk about that with staff and whether there is a need for clarification. Councilmember
Thompson said she would like to see the Tree City USA move up on the advance agenda;she said that over
100 cities in Washington are a Tree City; said she would volunteer to take this on and mentioned that the
second Wednesday in April is Arbor Day; that she'd like to apply to be a tree city for the following year,
and she'd like to explore that, and perhaps include it at the budget workshop on what we spend on trees.
Mr. Calhoun said he will speak with Parks &Recreation Director Stone about carrying that topic forward.
Council Meeting Minutes: 01-21-2020 Page 4 of 5
Approved by Council:02-04-2020
11. Council Check-in—Mayor Wick
Councilmember Thompson said she was in Olympia yesterday listening to the hearings on gun legislation,
and said she was taken aback by some of the comments from the gallery, and said she appreciates that this
Council can be respectful in discussions even when not everyone agrees; said there is some important
legislation being proposed and that a gentleman spoke about looking at reducing the number of rounds of
ammunition in a magazine to ten, but said that 84% of deaths in their community are suicide by single
gunshot. Councilmember Thompson said she was watching the TV show Chicago Fire and they brought
awareness to the public about the high rate of cancer among firefighters. Deputy Mayor Peetz spoke of the
portable library box across the street and said it used to be strictly for books, but with the amount of
homeless,said the box can also hold other items such as hand warmers, gloves, socks, etc.
12. City Manager Comments—Mark Calhoun
City Manager Calhoun noted that the Jan 28 Council meeting is cancelled as Councilmembers travel to
Olympia; so the next meeting will be February 4.
It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn. The meeting
adjourned at 7:48 p.m.
A ES Ben Wick, Mayor
Christine Bainbridge, City Clerk
Council Meeting Minutes:01-21-2020 Page 5 of 5
Approved by Council:02-04-2020
Agenda Item 2a
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 21,2020 Department Director Approval: El
Check all that apply: ❑ consent El old business 1 new business El public hearing
El information El admin. report ❑pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Barker Road/BSNF Grade Separation Project (Barker
Road GSP) SPW Acquisition
GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated
transportation program expenditures.
PREVIOUS COUNCIL ACTION TAKEN:
• May 7, 2013--Administrative Report, Bridging the Valley;
• June 23,2015 —Passed Resolution No. 17-011 adopting the 2016-2021 Six Year
Transportation Improvement Program(TIP),which included both the Barker Road and
the Pines Road Grade Separation Projects (GSP);
• April 5, 2016—Admin Report for use of federal earmark funds;
• November 8,2016—Information Report on the status of the Barker GSP;
• November 15, 2016—Administrative Report on the Barker GSP status;
• November 22, 2016—Informational RCA;
• December 6,2016—Administrative Report;
• December 20, 2016—Administrative Report;
• January 10,2017--Motion failed to contract with DEA for project design services;
• February 21,2017—Administrative Report;
• February 28,2017—Passed Resolution 17-006, amending the 2017 TIP;
• May 23,2017—Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year'1.11',which
included the Grade Separation Project;
• August 22, 2017—Passed motion to enter into contract with DEA for the project's Phase 1 (Initial
Contract);
• October 24,2017--Administrative Report to discuss alternatives;
• January 30, 2018 —Administrative Report to discuss alternatives with Council consensus to
move the project forward with Alternative 5;
• March 2, 2018—Administrative Report to discuss alternatives;
• March 13, 2018--Administrative Report to discuss history and alternatives;
• March 16, 2018—Administrative Report for Council and Chamber of Commerce;
• March 27, 2018—Passed motion to select preferred alternative for advancing project;
• April 10, 2018—Passed motion to execute supplemental agreement with DEA for the project's Phase
2 design (DEA Contract Supplement#3);
• December 4, 2018—Administrative Report to discuss project status;
• September 10, 2019—Adoption of Ordinance 19-012 authorizing use of condemnation for property
acquisition with regards to three property owners;
• November 12, 2019—Adoption of Ordinance 19-020 authorizing use of condemnation for property
acquisition with regards to a fourth property owner; and,
• January 14, 2010—Passed motion to execute supplemental agreement with DEA
BACKGROUND: Over the past two years, the City has been working with David Evans & Associates
(Consultant)to develop and prepare the Barker Road/BNSF Railroad Grade Separation Project(Project).
Agenda Item 2a
The City's ROW agent has been negotiating with nine property owners to acquire the necessary ROW for
the project. In total,there are 17 parcels that are affected by ROW or easement acquisition needs.
For the purpose of this agenda item, the ROW agent has negotiated a purchase price for the rights needed
for parcel No. 55052.9029 (SPW) for$47,820.
OPTIONS: Staff is recommending the Council authorize the City Manager to finalize the acquisition
from SPW or take other action as appropriate.
RECOMMENDED ACTION OR MOTION; Move to authorize the City Manager to finalize and
execute any paperwork necessary to complete this transaction with SPW/Dist LLC. for the purchase price
of$47,820.
BUDGET/FINANCIAL IMPACTS: To date,the City has secured funding in excess of$24,000,000 for
the project from seven sources. The acquisition will be funded from the project.
STAFF CONTACT: Cary Driskell, City Attorney
Gloria Mantz, PE,Engineering Manager
ATTACHMENTS: ROW Plan
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Agenda Item 2b
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: January 21, 2020 Department Director Approval:
Check all that apply: ❑ consent ❑ old business El new business ❑public hearing
❑ information ❑ admin.report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion Consideration: Barker Road/BSNF Grade Separation Project (Barker
Road GSP)Jovi LLC Acquisition
GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated
transportation program expenditures.
PREVIOUS COUNCIL ACTION TAKEN:
• May 7, 2013—Administrative Report,Bridging the Valley;
• June 23,2015—Passed Resolution No. 17-011 adopting the 2016-2021 Six Year
Transportation Improvement Program (TIP),which included both the Barker Road and
the Pines Road Grade Separation Projects (GSP);
• April 5, 2016—Admin Report for use of federal earmark funds;
• November 8,2016—Information Report on the status of the Barker GSP;
• November 15, 2016--Administrative Report on the Barker GSP status;
• November 22, 2016—Informational RCA;
• December 6, 2016—Administrative Report;
• December 20, 2016--Administrative Report;
• January 10, 2017—Motion failed to contract with DEA for project design services;
• February 21,2017—Administrative Report;
• February 28,2017—Passed Resolution 17-006, amending the 2017 TIP;
• May 23, 2017 Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP,which
included the Grade Separation Project;
• August 22, 2017—Passed motion to enter into contract with DEA for the project's Phase 1 (Initial
Contract);
• October 24,2017—Administrative Report to discuss alternatives;
• January 30,2018—Administrative Report to discuss alternatives with Council consensus to
move the project forward with Alternative 5;
• March 2, 2018—Administrative Report to discuss alternatives;
• March 13, 2018—Administrative Report to discuss history and alternatives;
• March 16, 2018—Administrative Report for Council and Chamber of Commerce;
• March 27, 2018—Passed motion to select preferred alternative for advancing project;
• ApriI 10, 2018—Passed motion to execute supplemental agreement with DEA for the project's Phase
2 design(DEA Contract Supplement#3);
• December 4,2018—Administrative Report to discuss project status;
• September 10, 2019—Adoption of Ordinance 19-012 authorizing use of condemnation for property
acquisition with regards to three property owners;
• November 12, 2019—Adoption of Ordinance 19-020 authorizing use of condemnation for property
acquisition with regards to a fourth property owner; and
• January 14,2010—Passed motion to execute supplemental agreement with DEA.
Agenda Item 2b
BACKGROUND: Over the past two years, the City has been working with David Evans & Associates
(Consultant)to develop and prepare the Barker Road/BNSF Railroad Grade Separation Project(Project).
The City's ROW agent has been negotiating with nine property owners to acquire the necessary ROW for
the project. In total,there are 17 parcels that are affected by ROW or easement acquisition needs.
For the purpose of this agenda item, the ROW agent has negotiated a purchase price for the rights needed
for parcel No. 55061.9004 (Jovi LLC)for$728,500 plus $14,856.40 in legal fees.
OPTIONS: Staff is recommending the Council authorize the City Manager to finalize the acquisition
from Jovi or take other action as appropriate.
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and
execute any paperwork necessary to complete this transaction with Jovi LLC. for the purchase price of
$728,500 plus $14,856.40 in legal fees.
BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of$24,000,000 for
the project from seven sources. The acquisition will be funded from the project.
STAFF CONTACT: Cary DriskelI, City Attorney
Gloria Mantz,PE, Engineering Manager
ATTACHMENTS: ROW Plan
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