2020, 10-27 Regular Formal Format MINUTES
SPOKANE VALLEY COUNCIL REGULAR MEETING
FORMAL FORMAT
Spokane Valley City Hall
Spokane Valley, Washington
October 27, 2020
Mayor Wick called the meeting to order at 6:00 p.m. The meeting was held remotely via Zoom meeting.
Attendance:
Councilmembers Staff
Ben Wick, Mayor Mark Calhoun, City Manager
Brandi Peetz, Deputy Mayor John Hohman, Deputy City Manager
Pam Haley, Councilmember Chelsie Taylor, Finance Director
Tim Hattenburg Councilmember Cary Driskell, City Attorney
Linda Thompson, Councilmember Erik Lamb, Deputy City Attorney
Arne Woodard, Councilmember Mike Stone, Parks &Recreation Director
Bill Helbig, City Engineer
Absent: Connor Lange, Planner
Rod Higgins, Councilmember Jenny Nickerson, Building Official
Dave Ellis, Police Chief
Christine Bainbridge, City Clerk
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present except
Councilmember Higgins. It was moved by Councilmember Haley, seconded and unanimously agreed to
excuse Councilmember Higgins.
APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Peetz, seconded and
unanimously agreed to approve the amended agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE,BOARD,LIAISON SUMMARY REPORTS:
Councilmember Haley: said she attended a virtual American Public Transportation Association (APTA)
meeting/convention where they talked extensively about Covid and its impact, and she noted that we are
doing pretty well compared to other places; said most transit authorities have their own commissioned
officer equity group committee; she mentioned the Continuum of Care meeting and the grant proposals and
that they expect to see awards soon; and that the County announced another $10.8 million in grants for
tourism and hospitality business.
Councilmember Woodard: stated he had no report.
Councilmember Thompson: reported about the work session she attended with the AWC (Association of
Washington Cities) equity ad hoc committee where they are working on a plan for a public policy to help
cities create equity and inclusion into their workplan and how to integrate equity into housing; she also
mentioned other AWC meetings and trainings, as well as their regional meetings which are now held
virtually.
Councilmember Hattenburg: said he attended the Growth Management Steering Committee of Elected
Officials meeting where they discussed the two parcels of land that the Central Valley School District has;
said they applied to swap one section of land for another in order to build a middle and elementary school.
Deputy Mayor Peetz: regarding the TPA(Tourism Promotion Area)and Visit Spokane, said there has been
a funding structure change due to Covid;said the Sports Commission gave a presentation to the TPA asking
for more money and taking some of the allocation away from Visit Spokane and giving it to the Sports
Commission because of the construction they are doing and some of the bigger events they can bring to the
Regular Formal Council Meeting: 10-27-2020 Page 1 of 6
Approved by Council: 11-10-2020
region; however,that proposal didn't pass; said because of the Covid the Valley Chamber hasn't had many
ribbon cuttings; mentioned the recent meeting Council had with Representative Cathy McMorris-Rodgers
and that our Council mentioned we were able to give CARES funds to an agency which bought a truck for
food donations; said the Crime Prevention Conference did not go as scheduled due to a technical issue; and
that the Citizens Academy got rescheduled to next year; she mentioned an e-mail received from a
constituent about Waste Management and yard clipping pickup, and said if citizens had a regular pick up
on Friday or Monday and it was missed,that the next pickup will happen either this Friday or Monday, and
said if people have extra yard clippings, they can put them out in paper bags, not plastic, and place them
outside the bin if necessary and they will be picked up for no additional charge; and that the missed pickup
was due to snow.
MAYOR'S REPORT
Mayor Wick said that the GMA (Growth Management Act) land swap was pretty much straight forward
and was also part of the settlement agreement that the County had; said they welcomed Commissioner
Kuney as the new chair for next year; said he, the Commissioner, and Mayor Woodward attended the
Regional Homelessness Leadership meeting and discussed the different homelessness activities; said the
County allocated CARES funds to purchase the Mission facility which was slated to use as a youth shelter,
which was then turned into a regular shelter then into a bridge shelter, but the County had put in the
provision that they were going to own the building and then use the CARES funds to do that,but the County
changed their mind so they don't want to own the building,neither does the city of Spokane,so they brought
on the Salvation Army and it might go to them to purchase with CARES funds. Mayor Wick said the
Lodging Tax Advisory Committee meeting had good discussions; said it is interesting to see new
improvements at Felts Field and maybe an upcoming air show on Labor Day weekend; he mentioned the
Freight Stakeholders Committee is trying to figure out the future for freight dollars from the federal to the
state; there was also discussion on whether there should be an expanded role for the freight mobility
strategic investment board or the creation of a separate freight stakeholders committee board.
Mayor Wick mentioned a letter he received from the County regarding the City of Spokane proposing a
utility tax on sewer facilities. City Manager Calhoun said he had planned to talk about that during his
comments later tonight,and handed the floor to City Attorney Driskell.Mr.Driskell said this is an emerging
issue; that the City of Spokane seeks to impose a 20% utility tax on the sewer facility located in their city
but owned by the County, and he explained that sewage discharge goes to that facility;he said they are still
looking at that issue to identify City options; said he has been talking to other potentially affected
jurisdictions to see their intentions and that more information will be coming shortly as the City of Spokane
needs to address this as part of their budget adoption,which usually occurs the first week or so in December.
Mayor Wick said the County's letter suggested the County be included in those discussions and said he
feels our City should also be included as this will affect many of our residences and businesses. City
Attorney Driskell said he is preparing a letter for Council for next week and Mr. Calhoun agreed we very
much want to be included in discussing this issue. On a different topic, Mayor Wick said there has been a
request from the Human Rights Task Force to give a report,which will be on an upcoming agenda.
PROCLAMATION: National American Indian Heritage Month
After Mayor Wick read the proclamation, Ms. Janet Ulbright from the Regent May Hutton Chapter of the
Daughters of the American Revolution, said she had requested this proclamation and expressed her
appreciation to the Mayor and Council and said this will help raise awareness.
GENERAL PUBLIC COMMENT OPPORTUNITY 111: After Mayor Wick read the process for making
comments, City Clerk Bainbridge mentioned there was to have been comments from a Mr. Matt Chapman,
but he was having difficulty getting into the meeting, and IT Manager Knodel added that neither of the two
phone numbers we have for Mr. Chapman were showing up in the zoom meeting. City Clerk Bainbridge
Regular Formal Council Meeting: 10-27-2020 Page 2 of 6
Approved by Council: 11-10-2020
acknowledged a written comment she e-mailed to Council which was received from Mr.Ethan LeGrand of
Apex Steel who expressed his concern with a private development using out-of-state contractors.
1.PUBLIC HEARING#2—2021 Proposed Budget—Chelsie Taylor
Mayor Wick opened the public hearing at 6:24 p.m. Finance Director Taylor went through the information
included on her Request for Council Action, followed by the PowerPoint. Director Taylor said there was a
change regarding a transfer from the hotel motel fund 105 to tourism fund 104 after receiving comments
and a recommendation from the Lodging Tax Advisory Committee (LTAC) at their October 15 meeting,
and said she will have more specific details later. Mayor Wick opened the floor for public comments, and
City Clerk Bainbridge noted we received requests for comments from two people, Mr. Bob West, and Ms.
Barb Howard.
Mr. Bob West, Spokane Valley: said according to the Spokesman Review, Councilmembers Higgins and
Woodard said they would not vote for the 2021 budget as Council needs to find sustainable ways to maintain
our city streets; said those Councilmembers have been on the Council for a considerable time but now they
want to hold the budget hostage and vote against it; said they did not object to the recent land purchase,and
that Councilmember Woodard said the general fund should not pay for roads and that they both argued for
a utility tax with a cap to prevent large companies from bearing the large burden; and he suggested Council
hold a community workshop.
Ms. Barb Howard, Spokane Valley: said she went through the vouchers and noticed the voucher for the
work crew and said the work crew should be paid as part of our contract with the Sheriff's Office;mentioned
we will lose 34 deputies and already lost 13, so all total we will lose 47, which means overtime will have
to be figured into the budget;mentioned the SCOPE money and that also should be included in the contract.
There were no further comments and Mayor Wick closed the public hearing at 6:42 p.m.
2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Agenda.
a. Approval of claim vouchers on Oct. 27, 2020, Request for Council Action Form Total: $2,606,873.02
b. Approval of Payroll for Pay Period Ending October 15, 2020: $390,193.00
c. Approval of October 6, 2020 Council Meeting Minutes, Study Session Format
d. Approval of October 13, 2020 Council Meeting Minutes,Formal Format
It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to approve the Consent Agenda.
NEW BUSINESS:
3. Second Reading Ordinance 20-013 Nonconforming Use Code Text Amendment 2020-0003 — Jenny
Nickerson
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
approve Ordinance No. 20-013 as presented. Building Official Nickerson said this city-initiated code text
amendment will allow for expansion of nonconforming use regulations. There were no public comments.
Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
4. Second Reading Ordinance 20-014 Street Vacation STV 2020-0001 —Connor Lange
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
approve Ordinance No. 20-014. Mr. Lange gave a brief overview of the ordinance, mentioned there are
eleven conditions of approval, and said there have been no changes since the first reading. There were no
public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
Regular Formal Council Meeting: 10-27-2020 Page 3 of 6
Approved by Council: 11-10-2020
5. First Reading Ordinance 20-016 Declaring Substantial Need—Chelsie Taylor
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
advance ordinance #20-016, making a declaration of substantial need for the purpose of setting the limit
factor for the property tax levy for the 2021 tax year, to a second reading.Finance Director Taylor explained
the reason for this ordinance; that the potential increase in the property tax levy is limited by state law to
the lesser of the increase in the Implicit Price Deflator (IPD), which is a measure of inflation, or 1%; the
increase in the IPD for the 2021 tax year was just issued and is .602%; as such,the increase in the property
tax levy or the increase in the City's banked capacity is limited to .602%;that if the City wanted to increase
the property tax levy or bank excess capacity greater than the IPD of.602% up to 1%, a second property
tax ordinance must be passed demonstrating substantial need for the increased limit. Ms. Taylor said the
support for substantial need is the City's uncertain economic conditions and revenue collections due to the
effect of the Covid-19 pandemic, as well as increasing costs in excess of inflation in areas such as public
safety, labor and benefits, and other general fund services and supplies. She said this would not affect our
2021 property tax but would allow us to bank up to that limit as noted in the chart contained in the Request
for Council Action. She also noted the ordinance would need to be passed by a majority plus one of the
Councilmembers,or five Councilmembers.There were no public comments. Vote by acclamation: in favor:
unanimous. Opposed: none. Motion carried.
6. First Reading Ordinance 20-017 Property Tax Ordinance—Chelsie Taylor
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
advance ordinance #20-017 levying regular property taxes for 2021, to a second reading. Finance Director
Taylor explained about this ordinance, and that we are once again not taking the 1% property tax increase
permitted by law. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed:
none. Motion carried.
7. Motion Consideration: Amending WSDOT Interlocal for Regional Decant Facility- Bill Helbig
It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to finalize and execute
Interlocal Agreement GCB Amendment No. 1 for a Regional Decant facility with the Washington State
Department of Transportation. City Engineer Helbig briefly explained that the purpose of the request is to
complete improvements at the Decant Facility by providing a canopy as envisioned in the engineering study
and design. There were no public comments. Vote by acclamation: in favor: unanimous. Opposed: none.
Motion carried.
8. Motion Consideration: City Hall Holiday Closure—Mark Calhoun
It was moved by Deputy Mayor Peetz and seconded to authorize the closure of City Hall and CenterPlace,
at noon Wednesday, November 25, 2020, to allow staff time to prepare for their Thanksgiving Holiday,' to
close City Hall and CenterPlace for the entire day on Thursday, December 24, 2020, and to close at noon
Thursday, December 31, 2020; that this closure will affect only normal administrative functions of the City,
however, all pre-planned events at CenterPlace will take place as scheduled. City Manager Calhoun
explained that this comes up each year about this time, and this motion is similar to what Council has
adopted the past few years. Mayor Wick invited public comment. It was noted one person signed up to
comment: Ms. Barb Howard, Spokane Valley: said the city employees work hard and suggested perhaps
giving them all day Wednesday before Thanksgiving. There were no other public comments. There was
brief Council discussion. Vote by acclamation: in favor: Unalli111010% Opposed.. none. Motion carried.
8a, Motion Consideration: Revised License 4greement Gum lanc rdvenne HohinanCcify Driskoti
It was moved by Deputy Mayor Peetz and seconded to authorize the City Manager to finalize and execute
the revised License Agreement with PDC Seattle LPIV BB/TH, LLC regarding the portion of Garland
Avenue between the east boundary of Tschirley Road and the western edge of parcel number 55061.1408,
as depicted on Attachment A to the License Agreement. Further the motion approving the original License
Agreement on October 20, 2020 is superseded. Deputy City Manager Hohman explained that the purpose
Regular Formal Council Meeting: 10-27-2020 Page 4 of 6
Approved by Council: 11-10-2020
of this amendment is to change from the previous name to the name stated in the motion, along with a few
minor changes to the monetary surety. There were no public comments. Vote by acclamation: in favor:
unanimous. Opposed: none. Motion carried.
GENERAL PUBLIC COMMENT OPPORTUNITY (21: Mayor Wick explained that the same process
applies to this comment opportunity as he explained for the first. One person signed up to speak: Ms.Barb
Howard, Spokane Valley: thanked Council for what they are trying to do for staff; said she worries about
the aquifer and the sewer hookups and questioned how the aquifer can be protected with so many
motorhomes parked along the street; she again mentioned the Sheriff's Office contract with the city and of
the anticipated large amount of overtime for deputies; and said she worries about not having enough water.
ADMINISTRATIVE REPORTS:
9. 2020 Budget Amendment—Chelsie Taylor
Finance Director Taylor went over the information included in the Request for Council Action listing the
proposed amendments, including the funds associated with Hotel/Motel tax and of discussions about the
2020 awards in light of the pandemic and associated reduced revenues;she said that Council had previously
decided to first fund all the grants then transfer any remaining funds up to the $450,000 into fund 104 if
possible; said that staff determined that according to state law, it constituted a change in use of revenues so
it had to go back to the LTAC; said the LTAC then has 45 days prior to Council taking any action; she
mentioned the October 15 LTAC meeting was told about that change and the committee recommended no
money be transferred in 2020 into fund 104, but instead after all the grants were to be awarded in 2020 and
2021, and that any remaining funds be transferred into 104 leaving about $165,000 in reserves; which she
said is currently reflected in the 2020 budget amendment, as well as the 2021 preliminary budget. Director
Taylor said to adhere to the 45-day requirement, Council will now be considering adopting the 2020
amendment in December instead of November.Director Taylor continued explaining the proposed changes
and mentioned a new fund of 108;noted the change in the salary schedule to accommodate the new position,
and said that there will be another item to add to the 2020 budget.
Deputy City Manager Hohman stated that over about the last five years, we have rented a loader from Poe
Construction to load up the sanding trucks with de-icing at the shop; that we were just notified that Poe is
going to surplus that piece of equipment as they will purchase a new loader,which they do not want to rent
to us due to the nature of corrosive materials we would load; said we have been offered to purchase the
truck for$35,000, and a typical 1996 new truck would be about $170,000; said this is in good mechanical
condition, recently had a transmission re-build and it works well; said he feels it would be prudent to make
the purchase from Poe; said all the buckets and attachments would interchange with this and our existing
backhoe; that this is something we need and the price is reasonable, and said he is looking for Council's
input on the purchase. Director Taylor said looking at the equipment rental and replacement fund,there are
enough surplus funds to cover the cost of this equipment. Several Councilmembers voiced their opinion
that this is a great deal and feel we would get many serviceable years from this piece of equipment.
Councilmember Thompson asked about the procurement policy and if we need to advertise.Director Taylor
said she thinks for bids under about $40,000, we can get quotes, but said she would need to verify. City
Attorney Driskell said he feels Ms. Taylor is correct on the amount but that staff will double check. Mr.
Calhoun said he will ask Ms. Taylor and Mr. Driskell to verify the amount and then e-mail council the
information. There was no objection to include that in the expenditure increase.
10. Advance Agenda—Mayor Wick
There were no suggested changes to the Advance Agenda, however the subject of bidding requirements
was broached and Mr. Calhoun noted the e-mail from the steel company about a private project and private
development; he also noted that we must follow state regulations concerning bidding including the
regulation that we must take the lowest responsive bidder, which he explained means the taxpayer gets the
Regular Formal Council Meeting: 10-27-2020 Page 5 of 6
Approved by Council: 11-10-2020
best price, but not always the local contractor; and he added this might be an interesting discussion topic
for the potential 2022 the State Legislative Agenda request, which agenda he said we would likely start
working on next summer.
INFORMATION ONLY (will not be reported or discussed):
Items (11) Council Election Night Meeting History; (12) Update on LIME Scooter Share Program; (13)
Department Monthly Reports; and (14) Department Quarterly Reports were for information only and were
not reported or discussed.
CITY MANAGER COMMENTS
City Manager Calhoun stated that an e-mail was received from SRTC (Spokane Regional Transportation
Council) concerning the appointment of a representative to their task force for the purpose of defining the
terms and conditions of tribal membership in SRTC; and said this will come before Council as a motion
next week, which will be handled like all other committee assignments.
It was moved by Deputy Mayor Peetz, seconded and unanimously agreed to adjourn into executive session
for approximately 30 minutes to discuss pending litigation and that no action will be taken upon return to
open session. Council adjourned into executive session at 8:01 p.m. At 8:23 p.m. Mayor Wick declared
Council out of executive session at which time it was moved by Deputy Mayor Peetz, seconded and
unanimously agreed to adjourn.
,/,,, 12:
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ATT, Sy" Ben Wick, Mayor
arigtine Bainbridge, City Clerk
Regular Formal Council Meeting: 10-27-2020 Page 6 of 6
Approved by Council: 11-10-2020
AMENDED AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
FORMAL FORMAT
Tuesday,October 27,2020 6:00 p.m.
Remotely via ZOOM Meeting
10210 E Sprague Avenue
Council Requests Please Silence Your Cell Phones During Council Meeting
NOTE: In response to Governor Inslee's March 24,2020 Proclamation concerning the COVID-19 Emergency,which
waives and suspends the requirement to hold in-person meetings and provides options for the public to attend remotely,
physical public attendance at Spokane Valley Council meetings are suspended until the Governor's order has been
rescinded or amended. Therefore, effective immediately and until further notice, a live feed of the meeting will be
available on our website and on Comcast channel 14.Public comments will only be accepted for those items
noted on the agenda as "public comment opportunity," will be accepted via the following links, and
must be received by 4:00 pm the day of the meeting.
• Sign up to Provide Oral Public Comment at the Meeting via Calling-In
• Submit Written Public Comment Prior to the Meeting
• NEW: Join the Zoom WEB Meeting
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COMMITTEE,BOARD,LIAISON SiTN MARY REPORTS
MAYOR'S REPORT
PROCLAMATION: National American Indiana Heritage Month
GENERAL PUBLIC COMMENT OPPORTUNITY 111: Use the link above to sign up for oral public
comments and indicate if you want to speak at General Public Comment Opportunity [1] or [2]. Citizens
may only speak at one or the other, but not both. If there is no indication of which comment opportunity,
you will be placed in the first. The link will guide you to directions to sign up for oral public comments.
This is an opportunity for the public to speak on any subject except agenda action items,as public comments
will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of
the City Government. This is not an opportunity for questions or discussion. Diverse points of view are
welcome but please keep the remarks civil. Remarks will be limited to three minutes per person.
1. PUBLIC HEARING#2—2021 Proposed Budget—Chelsie Taylor [public comment opportunity]
2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered separately.
Proposed Motion:I move to approve the Consent Agenda.
a. Approval of claim vouchers on Oct.27, 2020,Request for Council Action Form Total: $2,606,873,02
b. Approval of Payroll for Pay Period Ending October 15, 2020: $390,193.00
c. Approval of October 6,2020 Council Meeting Minutes, Study Session Format
d.Approval of October 13, 2020 Council Meeting Minutes,Formal Format
Council Agenda October 27,2020 Page 1 of 2
NEW BUSINESS:
3. Second Reading Ordinance 20-013 Nonconforming Use Code Text Amendment 2020-0003 —
Jenny Nickerson [no public comment]
4. Second Reading Ordinance 20-014 Street Vacation STY 2020-0001 —Connor Lange
[no public comment]
5.First Reading Ordinance 20-016 Declaring Substantial Need—Chelsie Taylor
[public comment opportunity]
6. First Reading Ordinance 20-017 Property Tax Ordinance—Chelsie Taylor
[public comment opportunity]
7. Motion Consideration: Amending WSDOT Interlocal for Regional Decant Facility- Bill Helbig
[public comment opportunity]
8. Motion Consideration: City Hall Holiday Closure—Mark Calhoun [public comment opportunity]
8a. Motion Consideration: Revised License Agreement Garland Avenue—John Hallman, Cary Driskell
[public comment opportunity]
GENERAL PUBLIC COMMENT OPPORTUNITY [21: Use the link above to sign up for oral public
comments and indicate if you want to speak at General Public Comment Opportunity [1] or [2]. Citizens
may only speak at one or the other, but not both. If there is no indication of which comment opportunity,
you will be placed in the first. The link will guide you to directions to sign up for oral public comments.
This is an opportunity for the public to speak on any subject except agenda action items,as public comments
will be taken on those items where indicated. Please keep comments to matters within the jurisdiction of
the City Government. This is not an opportunity for questions or discussion. Diverse points of view are
welcome but please keep the remarks civil. Remarks will be limited to three minutes per person.
ADMINISTRATIVE REPORTS:
9. 2020 Budget Amendment—Chelsie Taylor
10. Advance Agenda—Mayor Wick
INFORMATION ONLY(will not be reported or discussed):
11. Council Election Night Meeting History
12. Update on LIME Scooter Share Program
13. Department Monthly Reports
14.Department Quarterly Reports
CITY MANAGER COMMENTS
EXECUTIVE SESSION: [RCW 42.30.110(1)(i)] Pending Litigation
Proposed Motion: Move to adjourn into executive session for approximately 20 minutes to discuss pending
litigation and that no action will be taken upon return to open session.
ADJOURNMENT
Council Agenda October 27,2020 Page 2 of 2
Agenda Item #8a
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 27,2020 Department Director Approval: L
Check all that apply: ❑ consent ❑ old business ®new business ❑public hearing
❑ information ❑ admin.report ❑ pending legislation ❑ executive session
AGENDA ITEM TITLE: Motion consideration—Revised License Agreement—Garland Avenue.
GOVERNING LEGISLATION: SVMC 3.49.020(D).
PREVIOUS COUNCIL ACTION TAKEN: October 20, 2020 approval of License Agreement.
BACKGROUND: On October 20, 2020, the Council authorized staff to finalize and execute a License
Agreement to close a portion of Garland Avenue and perform work in that area consistent with a
development project. After that meeting, it was determined that the appropriate name to use for the
Licensee is PDC Seattle LPIV B13/TH, LLC. This revision is believed to be necessary to bring before
Council due to the name being changed to some extent,and to avoid confusion. Additional minor changes
were made consistent with revision the name.
An additional change was made regarding the form of financial security being provided by the Licensee to
provide additional flexibility,while still fully protecting the City. In the event the project were to not move
forward,this financial surety could be used to pay for the road to be put back in its original place prior to
May 15,2020 when it is anticipated to be needed as a detour for the Barker Road Grade Separation Project.
OPTIONS: (1)Approve the revised License Agreement as drafted;or(2)take other action as appropriate.
RECOMMENDED ACTION OR MOTION:Move to authorize the City Manager to finalize and execute
the revised License Agreement with PDC Seattle LPIV BB/TH, LLC regarding the portion of Garland
Avenue between the east boundary of Tschuley Road and the western edge of parcel number 55061.1408,
as depicted on Attachment A to the License Agreement. Further the motion approving the original License
Agreement on October 20,2020 is superseded
BUDGET/FINANCIAL IMPACTS: None anticipated because PDC Seattle LPIV BB/TH, LLC will
either dedicate the new roadway area and construct a new portion of Garland Avenue, or they will replace
it in its current location.
STAFF CONTACT: John Hohman, Deputy City Manager; Caiy Driskell, City Attorney.
ATTACHMENTS: Proposed License Agreement with PDC Seattle LPN BB/TH,LLC.
RECORDING REQUESTED BY AND
WHEN RECORDED RETURN TO:
City Clerk
City of Spokane Valley
10210 East Sprague
Spokane Valley,WA 99206
SPACE ABOVE FOR RECORDING ONLY
Document Title: License Agreement
Grantor(s): City of Spokane Valley, a Municipal Corporation
Grantee: PDC Seattle LPIV BB/TH, LLC, 1821 Dock Street, Suite 100,Tacoma,
WA 98402;
Legal Description: Portion of Garland Avenue between the east side of Tschirley Road and 1300 feet
west of Barker Road, Sec. 6,T. 25 N., R. 45 E., W.M.
Additional Legal
Description:
Assessor's Tax
Parcel Numbers: Garland ROW north of 55065.l 409 through 55065.1413
Reference Number: SV BSP 2019-0001
LICENSE AGREEMENT
For mutually valuable consideration accruing to both parties, the City of Spokane Valley ("City"
or "Spokane Valley") hereby grants to PDC Seattle LPIV BB/TH, LLC ("PDC Seattle"), a license
("License")to use the City property("Premises")described in SECTION 1, below.
SECTION 1 —DESCRIPTION
The Premises subject to this License is the Garland Avenue right-of-way bounded by the east edge
of Tschirley Road, and on the east as that point approximately 1,280 feet from west edge of Barker Road
where Barker Road coincides with the westerly edge of parcel numbers 55061.9066 and 55064.1414. This
portion of Garland Avenue lies immediately north of the northern property line of parcels 55065.1409,
55065.1410, 55065.1411, 55065.1412, and 55065.1413, and south of tax parcels 55062.1404, 55062.1405,
55065.1406, 55061.1407, and 55061.1408, measuring approximately 60 feet wide by 2,660 feet long. See
Attachment A.
The legal description for the subject property is as follows:
Page 1 of 4
RIGHT OF WAY DESCRIPTION
THAT PORTION OF GARLAND AVENUE, AS DEEDED TO THE CITY OF
SPOKANE VALLEY BY INSTRUMENT RECORDED UNDER AUDITOR'S FILE
NUMBER 6838254, LYING EASTERLY OF THE EASTERLY MARGIN OF
TSHIRLEY ROAD, BEING A 60 FOOT WIDE RIGHT OF WAY AS DEEDED TO
THE CITY OF SPOKANE VALLEY BY INSTRUMENT RECORDED UNDER
AUDITOR'S FILE NUMBER 6838254, AND WESTERLY OF THE WEST LINE OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 6, TOWNSHIP 25
NORTH, RANGE 45 EAST OF THE WILLAMETTE MERIDIAN, ALL LOCATED IN
THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF
WASHINGTON.
SECTION 2-PURPOSE
The City hereby grants to PDC Seattle a License to use the Premises for the purpose of development
of adjacent property,which is more particularly described as SECTION 4, Spokane County parcel numbers
55065.1409, 55065.1410, 55065.1411, 55065.1412, 55065.1413, 55062.1404, 55062.1405, 55065.1406,
55061.1407, and 55061.1408.
SECTION 3 -TERM
This License shall commence upon execution, as shown by the last signatory to date and sign this
License, and shall run until May 15, 2021, except the conditions set forth in SECTION 4 shall not expire
until such time as the City provides to PDC Seattle a letter of completion of all terms of this License,which
letter of completion shall be provided by the City on or before 30 days after construction or replacement of
Garland Avenue, as set forth below ("Letter of Completion"). This License is subject to the rights of any
other person or entity with any pre-existing interest in the subject property, including utility providers.
SECTION 4 - CONDITIONS
A. PDC Seattle may use this area for any lawful purposes it deems necessary and appropriate,
including removal of the road section in its entirety.
B. PDC Seattle shall dedicate appropriate land through a future right-of-way deed for the
reconstruction of any portion of Garland Avenue that is removed pursuant to this License.
C.PDC Seattle shall replace that portion of Garland Avenue that is removed by constructing a new
road section pursuant to applicable Spokane Valley development and street standards including warranty
requirements,to be completed no later than May 15,2021. If PDC Seattle's project does not move forward,
or if the conditions of any street vacation ordinance that may be passed by City Council are not fully
complied with, Garland Avenue shall be restored to the configuration and condition as existed at the time
this License was executed by May 15, 2021.
D. PDC Seattle shall either provide cash to be held by the City, an irrevocable letter of credit, or a
savings assignment in the amount of$2,004,977.00 in US funds from a banking institution using a form
provided by Spokane Valley and reasonably acceptable to PDC Seattle to secure the construction or
replacement of that portion of Garland Avenue. Upon 15 days' revocable notice to Spokane Valley, PDC
Seattle may replace such letter of credit with a cash deposit in the amount of the balance then remaining on
the letter for credit to be held for the benefit of Spokane Valley and PDC Seattle. Upon delivery of the
Page 2 of 4
Letter of Completion, (a) any rights of Spokane Valley in and to the letter of credit hereunder shall
terminate, and (b) Spokane Valley shall promptly return all then outstanding letter(s) of credit to PDC
Seattle or, at the request of PDC Seattle to the financial institution(s) issuing the same, for cancellation(or
if a cash deposit has been made, return of the cash deposit to PDC Seattle).
E. PDC Seattle shall use the Premises in a manner that does not violate any applicable laws and
regulations of any state,federal, or municipal entity.
SECTION 5--LIABILITY AND INDEMNIFICATION
PDC Seattle shall indemnify and hold City, its officers,employees, agents and volunteers harmless
from and against any and all claims, demands, orders, decrees or judgments for injuries, death or damage
to any person or property arising or resulting from a negligent act or omission on the part of PDC Seattle
or its agents,employees or volunteers in the use of this License. In the event that any suit based upon such
a claim, action, loss, or damage is brought against the City's officers, agents or employees, PDC Seattle
shall defend the same at its sole cost and expense; and if final judgment be rendered is rendered against the
City, its officers, agents or employees,then PDC Seattle shall satisfy the same.
SECTION 6—MODIFICATION
No modification of the License can be made without prior written approval of each party to this
License.
SECTION 7—TERMINATION
The Parties may agree to terminate this License upon mutually agreeable terms. This License shall
automatically terminate without requirement of any written termination by the parties to this License upon
dedication and construction or restoration of Garland Avenue as contemplated in Section 4(B) of this
License.
DATED this day of , 2020.
GRANTOR:
City of Spokane Valley
By:
Mark Calhoun, City Manager
Page 3 of 4
GRANTEE: PDC SEATTLE LPN BB/TH,LLC:
ACCEPTANCE OF LICENSE AGREEMENT
Signature
By:
Title and entity signing on behalf of
STATE OF WASHINGTON )
) ss.
County of )
I certify that I know or have satisfactory evidence that
is the individual who appeared before rne,and said individual acknowledged that he signed this instrument,
and acknowledged it as his free and voluntary act, for the uses and purposes mentioned in the instrument.
DATED this day of ,2020.
Notary Public for the State of Washington
Residing at
My commission expires
Page 4 of 4
Attachment"A"
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1-1I o Attachment A - License Agreement a..s4. p1
805
I
Resolution No.20-015 Initiating STV and Setting Public 1-fearing Dale and Time. Page 1 of 1
Chris Bainbridge
From: Ethan LeGrand <EthanL@apexsteel.com>
Sent: Tuesday, October 27, 2020 2:26 PM
To: Council Meeting Public Comment
Subject: Project Fireball/Amazon type building
Attachments: Apex Steel Letter Project Fireball 10-27-20.pdf
For public comment period 1.
38E Ethan LeGrand, Project Manager
425-802-0768 10) www.apexsteelcorn \i ethanl@apexsteel.com
III [IN
CAUTION:This email originated from outside your organization. Exercise caution when opening attachments or clicking
links, especially from unknown senders.
1
Apex Steel, Inc. I Apex Tower Crane, Inc.
10-27-20
Re: Project Fireball
To whom it may concern,
Apex Steel Inc. was invited on 10-19-20 to bid on Project Fireball located in Spokane Valley
which is approx. 1 million sf with a sizeable mezzanine that was due on 10-28-20. Two days
later we were told that this project has already been awarded by mid-day. I cannot stress to
you how frustrated this is based on getting with staff and clients to prepare for this type of
project and then to have it cancelled.
Not only did we begin the review of the drawings including specification but also had talked
with local suppliers, local vendors and other outfits for quotes and to see how this project
would fit in with everyone's schedule.
We then tried to determine why this was cancelled and thought maybe Apex Steel still had an
opportunity to bid the project some other way. This wasn't easy either chasing down what we
later found out was this was awarded to an out of town erector that also was supplying the
steel for the project.
As a working resident of Spokane Valley I am not happy that this steel erector and fabricator
contractor will be bringing out of town workers most likely from Utah to this area and probably
most if not all the money will be sent home.
I hope our council will understand the that local contractors and working residents should have
a chance working on such a large project.
Sincerely,
E . 9iteuid
Ethan LeGrand
Division Manager
Apex Steel, Inc. 9514 E Montgomery Ave#26.
Spokane Valley Resident.
16214 E 17th Ct. Veradale WA 99037
Apex Steel, Inc. 935 Kirkland Ave, Kirkland, WA 98033 (p) 425.861.9520 www.apexsteel.com Page 1