2020, 11-03 Study Session minutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Study Session Format
Tuesday, November 3, 2020
Mayor Wick called the meeting to order at approximately 6 pm. The meeting was held in City Hall with
Council, staff and the public participating via Zoom.
Ben Wick, Mayor
Brandi Peetz, Deputy Mayor
Pam Haley, Councilmember
Tim Hattenburg, Councilmember
Rod Higgins, Councilmember
Linda Thompson, Councihnember
Arne Woodard, Councilmember
Mark Calhoun, City Manager
John Hohman, Deputy City Manager
Cary Driskell, City Attorney
Erik Lamb, Deputy City Attorney
Chelsie Taylor, Finance Director
Mike Stone, Parks & Rec Director
Bill Helbig, City Engineer
Christine Bainbridge, City Clerk
ROLL CALL City Clerk Bainbridge called the roll; all Councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Peetz, .seconded and unanimously agreed to
approve the amended agenda.
ACTION ITEMS:
1. Public Hearing: Consider Planned Final Action and Initiate Condemnation Proceedings (45021.5907)
— Bill Helbig
At 6:02 p.m., Mayor Wick opened the public hearing. City Engineer Helbig explained the process, and
mentioned there were some questions about the current process compared to the process used for the Barker
Grade Separation; he stated that state statutes require that there be a final action ordinance initiating eminent
domain condemnation proceedings; and that the state statutes dictate public noticing which is mainly
publication in the newspapers; that once we get to the ordinance adoption the process can vary; with the
Barker Gracie Separation Project we used public comment as part of the ordinance adoption process; and
with the current project we are using the public hearing process to solicit public comments then followed
by the ordinance reading with no public comment; that for the two separate projects we used two separate
outside counsels and we deferred to that counsel as to the method to use; that both methods are correct,
follow the law, and are appropriate.
Mr. Helbig reminded Council that we continue to negotiate with property owners throughout this process;
that this process is associated with the right-of-way for Sullivan Wellesley intersection project; it includes
five different parcels which are all located south of Wellesley along Sullivan; as shown on the attachment,
one parcel in the SE corner in green indicates we are in the process of finalizing that right-of-way; the other
two in red along the west side of Sullivan, there have been no movement in negotiations with the property
owner who owns both parcels. Mr. Helbig noted the fair market value is $6,300 which was presented in
April by our right-of-way agent who spoke with the representative of the person who owns the property,
but to -date there have been no negotiations or counter-offers, and accordingly we are at an impasse and the
offer is deemed rejected. There were no public comments and Mayor Wick closed the public hearing at
6:09 p.m.
2. First Reading Ordinance 20-019 Final Action for Condemnation, parcel 4502I.5907 — Bill Helbig
After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Woodard and
seconded to suspend the rules and adopt Ordinance No. 20-019 on one reading, related to land acquisition
for the Sullivan -Wellesley Intersection Improvement Project. Mr. Helbig said he had no further remarks. It
was noted that there were no public comments. It was also noted that since we had a public hearing on this
and the hearing has been closed, there would be no further public comments taken on the ordinance even if
Council Meeting Minutes: I1-03-2020 Page I of 3
Approved by Council: I 1-24-2020
we were to have had a second reading. Vote by acclamation: Miami.: unanimous. Opposed: none. Motion
carried.
3. Public Hearing: Consider Planned Final Action and Initiate Condemnation Proceedings (45021.5909)
— Bill Helbig
Mayor Wick opened the public hearing at 6:12 p.m. City Engineer Helbig explained the background of the
project and of the right-of-way acquisitions for the Sullivan -Wellesley Intersection project, again
mentioning the five parcels as shown on the ordinance attachment; he noted the fair market value for this
is $9,500 and was presented by our right-of-way agent in April to the property owners and their
representative; and that to -date there have been no negotiations or counter-offers, and accordingly we are
at an impasse and the offer is deemed rejected. There were no public comments and Mayor Wick closed
the public hearing at 6: 16 p.m.
4. First Reading Ordinance 20-020 Final Action for Condemnation, parcel 45021.5909 — Bill Helbig
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
suspend the rules and adopt Ordinance No. 20-020 on one reading, related to land acquisition for the
Sullivan -Wellesley Intersection Improvement Project. Mr. Helbig said he had nothing more to add. Vote by
acclamation: in favor: unanimous. Opposed: none. Motion carried.
5. First Reading Ordinance 20-018 Donations — Mike Stone, Carly Johnson, Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
advance Ordinance No. 20-018 amending chapter 3.34 SVMC to a second reading. Parks and Recreation
Director Stone explained the background of the proposed changes. There were no public comments. Vote
by acclamation: in favor: unanimous. Opposed: none. Motion carried.
6. First Reading Ordinance 20-021 Facility Naming — Mike Stone, Carly Johnson, Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Peetz and seconded to
advance Ordinance No. 20-021, adopting chapter 3.33 SVMC, to a second reading. Parks and Recreation
Director Stone went over the highlights of the ordinance. For public comments, one person had signed up
to speak. Ms. Barb Howard, Spokane Valley: said with the recent passing of Sally Jackson, she would like
to recommend naming a park or pool after her. Mayor Wick noted that tonight we are seeking comments
on whether to advance the ordinance to a second reading, and if approved, we will later address naming
facilities. Vote by acclamation: in favor: unaninxnrs. Opposed: none. Motion carried.
7. Mayoral Appointment: SRTC Task Force Regarding Tribal Membership Inclusion — Mayor Wick
It was moved by Deputy Mayor Peetz and seconded to confirm the Mayoral nomination of Ben Wick to the
S'RTC Task Force, the purpose of which will be to define the terms and conditions of tribal membership in
SRTC. Mayor Wick explained about the letter requesting we appoint a representative to the SRTC Task
Force for the purpose of defining the terms and conditions of tribal membership in SRTC; and that the State
legislature requires the regional transportation planning organizations, such as SRTC, to provide a
reasonable opportunity for voting membership to federally recognized tribes within the planning area; and
that the state statute specifics that membership must be offered very two years or when the composition of
the regional transportation planning organization board is modified in an interlocal agreement. For public
comments, one person had signed up to speak. Ms. Barb Howard, Spokane Valley: mentioned that the
Kalispell Tribe isn't even on tribal land, and all the money from the casino goes through Las Vegas, and
that the tribes don't pay taxes so the more things like this occur, the less tax we'll get. There were no other
public comments. Vote by acclamation: in favor: unanimous. Opposed: none. Motion carried.
NON -ACTION ITEMS:
8. Update on Human Rights Task Force — James `JJ' Johnson
Mr. Johnson said he will be talking tonight as a representative of the Human Rights Task Force, and
although he is the current Chair of the City's Planning Commission, he said he is not representing the
Planning Commission in any way tonight. Mr. Johnson noted the mission of the Spokane County Human
Council Meeting Minutes: I 1-03-2020 Page 2 of 3
Approved by Council: I 1-24-2020
Kiuh\u Task Force is to guard and udvoxoc humun rights ill order h»uCate u rogiox where all people feu|
pu|uomo,xokzoudvu|ucd;Ile Mentioned dlcTonkForce Was o,ganizedFOhruu,y20|6,and iufbuxdcdopon
the principles ofihuDeclaration o[Independence, and Washington State uxd United States Constitutions,
its well as the Universal Declaration of Rights. Mi.. Johnson mentioned some of'tl)C reporting tools
the Task Force has such as the K,rm to report hn\u orhnco or incidents as well oothe tool to ooUco( that data,
and he noted \hNony hate crime should bu reported to the police. Mr. Johnson mentioned the Task Forcc`a
relationship with the Pride Foundation, xxwell uathe SpokancCnuniy Uumm/ Kigh(sCommiaoion, ondof
many CVelltS that had to be CUrtailed due to the current pandcmic; and ol'his hope that some ofthese events
will be able to be held during 202 1. COLHICH thanked Mr. Johnson for his report.
Y. Western Dance Hu|| Amended &Arecmont—Mikc Stone
Parks and Kccrcn\iou Director Stone explained that the VVcyVurn Dance Association has leased the dnxoc
hu|| at Su||ivou Park since 20O1, and that we entered into x \cx'yooroonkncNcusc agreement in 2009, with
two, five-year vcno"m| options; and that the City extended the |uoxc ugrcmcx\ unN December ] |, 2022.
Mr. Stone further noted that the oon,nnvima has hindered use of.' the Dance Hall and that \hc oonou\
condition will likely nn\chaugc uxW Sp*kuxcLl`uniy rez hCS Phase o[iho Sta|c`o rc+`puningp|un, and
as such, inorder not oocause undue hardship, the parties would agree insuspend the $500 monthly |cooc
payments ood| the f-iaAday ofihc mm/ih pky all yJJihonu| thirty days after Spokane Coun(y movoxio
Phase 4, Further in recognition oflease payments madc April through September without being able to use
the facility, that file City would credit the Association with six montlis oil' payments beginning with the first
month |caac paymon{xuhuruuub|o Under this amendment. Thcrc wCrc 110n6iod{oux Unm Cooxoi| that staff
bring back oproposed Amended Agreement for nmotion consideration.
10. PvonoccJ Amendments toTPA (Tourixm Promotion Area) in(udocu| u[y Dridkc||
City /\Uunucy DriskuU explained that as a rcxuk of' his uunvcouLimo with the TPA and our rcquost to
inu|xdc x termination provision, more timely reporting, and have o Spokane Valley zone, that it was
tentatively agreed \oinclude utwo-year termination provision, that ourCi wouNreceive quarterly reports
on the rCvcnuc(FcocnUCd niihiu ourhon]mo, and as such, the oquoS{fhrxseparate Spokane Valley zone
vvouNhcwithdrawn ninccihcmpoding Woo|dprovide the in6nnnuhunvveare seeking. There was Couuoi|
consensus tobring the amendment Forward fOrnmotion coils idcm\ion.
||. Advance Agenda — Mayor Wick
There were nnsu8gcytodchanges iothe Advance Agenda.
|Z Finance Ucomlmuu\Monthly Report
This report was for hil'ormation only and was not reported 01- diSCLlSSCd.
13,(\Ou1161L\0111111Cn*— MoyorYVick
There were no additional COLHICil C0111111eiltS.
|4.City Manager Comments — Mark Calhoun
Mr. Calhoun had no additional comments.
It was omm(lb' &mm),, A6owr PuuCz, xxcmule(/on(l /mm,imously /o The meeting
adjourned a(7:00pm.
Bell Wick, Mayor
Christine Bainbridge, City Ocrk
Cv"xui| K4och"gMinoxz: 11-00-2020 hgc3v[]
Approved hyCouncil: ||-24-2V2V