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2010, 02-09 Special Retreat MinutesMINUTES SPECIAL RETREAT MEETING SPOKANE VALLEY CITY COUNCIL CenterPlace Lounge, Second Floor 2426 N Discovery Place, Spokane Valley, Washington February 9, 2010 10:00 a.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, Acting City Manager Gary Schimmels, Deputy Mayor Kathy McClung, Community Development Dir. Rose Dempsey, Councilmember Mike Connelly, City Attorney Bill Gothmann, Councilmember Greg McCormick, Planning Manager Dean Grafos, Councilmember Cary Driskell, Deputy City Attorney Brenda Grassel, Councilmember Neil Kersten, Public Works Director Mike Stone, Parks and Recreation Director Rick VanLeuven, Police Chief Absent. Ken Thompson, Finance Director Bob McCaslin, Councilmember Carolbelle Branch, Public Information Chris Bainbridge, City Clerk Others Present: About twelve members of the public including representatives from the Spokesman Review and the Valley News Herald Mayor Towey opened the meeting at approximately 10:00 a.m. and welcomed everyone to the meeting. Acting City Manager Jackson announced that he arranged a conference call with our Lobbyist today for about 1:15 p.m. to discuss what's occurring in Olympia now with bills that might be of interest, to visit regarding possible changes to our own 2010 Legislative Agenda, and as an aid to start thinking about our 2011 legislative agenda. 1. Land Use History — Mike Connelly and Greg McCormick City Attorney Connelly started by giving the history of our land use regulations, and he summarized all of the land use ordinances passed since the City incorporated March 31, 2003; he said most of these ordinances have been codified in the City's Municipal Code Chapters 17 through 24; he mentioned the three accompanying ordinances: 06 -010 which adopted the City's first Comprehensive Plan, 07 -015 which adopted the Uniform Development Code (chapters 17 through 22), and 09 -021 which adopted the Subarea Plan. Mr. Connelly said that each ordinance outlines the associated public involvement and the hearings prior to that ordinance being passed, and the last document in today's council packet for this item, is a memorandum from Planning Manager Greg McCormick explaining some of the reasons behind these ordinances. Mr. Connelly explained that land use is not one thing but a combination of many things; that it is mandated mostly by state law and in some circumstances by federal law via the United States constitution; that the first component to discuss is our Comprehensive Plan. He said our comp plan is mandated by the Growth Management Act (GMA) and that the component parts are very specifically set forth in the statute concerning how to adopt them and how to change them; and said that we can adopt things favored by the citizens and the legislative bodies only within the constraints the comp plan sets forth; and emphasized that the comp plan is only a guideline and not zoning or a development code; and he explained that every time we pass a development regulation or adjust the TIP (Transportation Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 1 of 20 Improvement Plan) or change road standards, care must be taken to ensure such is consistent with the adopted comp plan. Mr. Connelly explained that the Comp Plan is a type of blueprint and can only be amended annually except under specific circumstances; and must be done only in a manner in which items for change are posted to be amended prior to November of each year•, that the proposed changes typically are reviewed annually by the Planning Commission, which then makes recommendation to the Council, and then Council makes the amendments to the Plan and then likewise to the zoning map so that all documents are consistent. Mr. Connelly explained that development regulations are made up of three parts: (1) zoning, which states what can occur on a given parcel of land; (2) development standards, which are the regulations which address such things as parking, setback, access, and signage, and said the standards control how development will occur such as height restrictions; and (3) a process: how do we do it; he said the process is a part of those development regulations and said this is governed by state law; adding that it is not a simple process and there are numerous requirements to follow. Mr. Connelly also mentioned some of the land use law, which he referred to as "state mandates" such as SEPA legislation, which states that any action that meets a certain threshold must have a checklist and such list must be mitigated; Shoreline Act, which is pertinent for us when it comes to our gravel pits, the River, and Shelley Lake, adding that this act was adopted County -wide in 1974 and not changed since. He discussed critical area ordinances and how they are mandated by state law by the GMA, subdivision laws which are regulated by state statutes, and he mentioned that long ago people subdivided property any way they wanted to, sometimes resulting in long flat lots or small lots impractical to build upon, or lots were divided in such a way that there was not access to all the lots; he mentioned that Boundary Land Adjustments or short plats are also implemented by local ordinances and stipulate that lots must have access to services like sewers; he said Floodplain is another rule to follow and he mentioned the federal rule under FEMA which is implemented by RCW 86.16; he said that flood plains are identified by FEMA maps and we must deal with them or risk losing our insurance provided by the federal government; and he briefly explained that there are other mandates we must follow such as those related to stormwater, as well as the International Building Code regulations, which deal with all types of buildings. Attorney Connelly said just prior to this City's incorporation, the City adopted a series of ordinances which comply with all the state rules, and said we adopted the County regulations as our own, and all the regulations were adopted to be effective March 31, 2003, the date of this City's incorporation. When the City adopted the County's comprehensive plan, the County had not fully implemented the comp plan so the county's zoning and comp plan did not match, and subsequently, Mr. Connelly explained, changes were made as a result of input from citizens on particular properties, and to implement the County's Comp plan, we adopted their Code, but they didn't match. He said the County was in the process of updating the zoning to implement the direction of the plan and they took a phased approach to implementation. Planning Manager McCormick showed a map depicting the regulations according to the interim comp plan adopt March 31, 2003; and another map showing the actual zoning and he explained some of the inconsistencies; he said that our largest area comprising over 50% of our city is single family, and he said that didn't change too much; he explained how we did a cross -over matrix to bridge the time from adoption of the comp plan to the time the county made all their necessary regulatory changes to fully implement the plan. Mr. McCormick explained that the UACs, (urban activity centers) had two designated areas based on future locations of light rail stations at the Fairgrounds and the University City area; and he said a third UAC was designated just east of the City's boundary in an area now part of the city of Liberty lake; he said the UAC wasn't the only designation that allowed rezoning, and others included the "mixed use" designation that allowed properties to be rezoned to any one of five zoning districts. Mr. Connelly continuing explaining his memorandum and the ordinances which implemented changes since our incorporation; he explained the termination requirement for non - conforming adult retail uses Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 2 of 20 and that those establishments were not in an area that was lawful; and said the ordinance gave them five years then they had to move; but the previous Council took that away and allowed nonconforming uses to continue as Council didn't want to push all adult retail in one place as leaving them as nonconforming was less of an impact instead of forcing them to move to all one place, which would have had a more dramatic impact on businesses that surround those uses. Councilmember Gothmann added that the police department said from their point of view, it did not represent a significant problem. Mr. Connelly went over the remaining highlights of his memorandum, explaining the changes that took place and of the effect of those changes, such as the UR -1 zone for Ponderosa and Rotchford; and of the ordinance that restricted development in the north Greenacres area. Mr. McCormick then explained the difference between the County's and our Comprehensive Plan; that there were not very many changes in the single family areas or the industrial areas, and he mentioned one change near the Industrial Park that was re- designated community commercial, and he said since that change, they have been working with people from the Industrial Park as the two lots are warehouses and staff is recommending a change back to industrial to reflect what is on the ground. He further explained that regional commercial along the freeway remained the same, but there were some differences on Urban Activity Centers designation as we don't have that designation; he said the Fairgrounds went to a public type designation; and the large area from Valleyway to 9` shrank significantly and includes regional commercial for car dealers; he said the high density reflects the development of the area, and the corridor is now corridor mixed used. Mr. McCormick said the Community Commercial Centers are at Pines, Evergreen, and Sullivan. In changing from the interim comp plan to the first officially adopted comp plan, he explained there were numerous public meetings, and staff kept a detailed log of the community meetings and workshops dealing with the comp plan process; that there was an exhaustive public participation plan which was also adopted and executed as part of the process. Councilmember Gothmann said that Senior Planner Mike Basinger found about 400 different parcels that were zoned improperly; and the Planning Commission and Council went through each of those to determine the correct zoning as in those instances, the comp plan and the actual use were not the same or were inconsistent. Attorney Connelly added that the public process for the comp plan in 2006 is shown on pages three and four of the first ordinance; that the extended UR -1 designation is also mentioned in his documentation, and said that the annual amendments were as a result of citizens asking for specific changes; that in 2007 the UDC (Uniform Development Code) which implements the comp plan, was adopted and page seven of that ordinance shows that public process. Mr. McCormick said the 2007 zoning map now mirrors and is consistent with the comp plan and the zoning on the ground, so the crossover matrix is no longer needed, and the regulations are now put in place to implement the zoning. Councilmember Gothmann said prior to that time, there was no designation for office use, but only high density development; and Mr. McCormick said it was a quirk in the County's code that there was no office designation outside of a commercial area, which we corrected in the new zone. Mr. Connelly said other land use ordinances listed on page 4 and 5 of his memorandum address some cleanup or some item which was missing from the UDC; that those processes were usually driven by citizen concern or by staff identifying an inconsistency. In 2008, Mr. Connelly continued, the stormwater code was adopted, we did the annual amendments, and began a series of batch amendments to the 2007 UDC as a result of some things that didn't work when we started to apply the code, like the pitch for a manufacturer's home which was different from the standards, or lot sizes for duplexes which were too restrictive. In 2009, Mr. Connelly said, Book I of the Subarea Plan was adopted, as were Book 2 and 3 which were the development regulations which implement the comp plan; and he said ordinance 09 -021 adopts the Subarea Plan we have today, and he noted pages 12 through 15 of that ordinance also list the public meetings held in regard to adoption of that plan. Councilmember Grassel said that it appears from 2006 to 2008, the regulations which were general became very specific; and Mr. Connelly said that the general language of the comp plan was intentional, and that the UDC is very specific as it must be or it would be difficult to enforce the regulations; that it is not any more or any less specific then the County's, Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 3 of 20 just different. In response to Councilmember Grafos' question concerning the difference from the zoning codes of the County and ours, Mr. Connelly said staff can take the use list under the County and compare that with what we passed in 2007 to see what changed in terms of allowed uses and restrictions. Mr. McCormick continued by explaining and showing on the maps what was adopted city -wide in 2009, with one map showing the corridor areas of change between 2007 and the original comp plan, and the other map showing the 2009 changes; he said that the designation Regional Commercial was replaced with Gateway Commercial which was designed to address the AutoRow area and make it more conducive to existing dealerships, and recognize that end of Sprague as a major gateway into our City; he said that the City Center designation was part of the corridor plan; and he mentioned the numerous public participation opportunities that were held dealing with the draft of the comp plan and the Planning Commission recommendations, and said that a City Center was designated as part of the corridor plan; he said when the original comp plan got to Council, they discussed putting together more specific centers so they opted to pull out the city center to examine it in more detail; the final plan was not a designated city center in 2006, but was so designated under the corridor plan; he said the designation Mixed Use Avenue replaced a lot of the Corridor Mixed Use which allowed a wide variety of commercial uses and allowed stand alone residential; and Mr. Connelly added that the Subarea Plan Book 2 defines the uses. Councilmember Grafos said that the SARP further restricted the uses on the corridor, that Community Commercial moved all those to the corners and pulled down the zoning and went to mixed use along Sprague except for intersections, which he said is a further choke -down of allowed uses. Mr. McCormick said prior to our city's incorporation, when Mr. Schimmels would come to City Hall and report the number of vacant buildings along the corridor; Mr. McCormick said that the intent was to open the corridor for uses that might actually locate there and not push an extensive commercial zoning that we can't physically fill out, and said this rationale has been successfully documented in several economic studies in this region. Councilmember Grafos said they still pay the taxes but their zoning is gone; and Mr. McCormick said the existing uses could continue. Mayor Towey asked regarding the SARP, how many properties are in noncompliance, and if the entire area were burnt down, how many businesses could re -build their businesses? Mr. McCormick said it would probably be quite a few. Attorney Connelly said if council would like a list of what uses are changed between SARP and the prior zoning, and the number of properties that became nonconforming, we can do that. Councilmember Grafos said the SARP includes about 1300 parcels that were changed or affected by the SARP. Mr. Connelly responded that the real question is what changed; do we have more or less allowed uses; and he said we can do that in a tabular manner to show what was allowed before and what was allowed after, but that it is not just a matter of adding and subtracting. Mr. McCormick stated that the Community Boulevard replaced the Corridor Mixed Use on the north side of Appleway and high and medium density residential on the south side east of Pierce; that the change on the south side of Appleway expanded allowed uses to include such things as corner store retail; and he said staff could tally that up as well. Councilmember Grafos said that the purpose of the GMA (Growth Management Act) is to reduce sprawl; but there are no requirements to set up zones to enforce that. Mr. Connelly said there is tremendous flexibility along the corridor within GMA to do what is desired, that there are very little limitations; that where we are now is, we wanted to give the history and basis for changes, and he asked, where does this Council want to go with this? Mr. Connelly said that once we get Council consensus of where to go, staff can show the path to get there and apply the laws to those changes; and include what, if any consequences there would be for any change, including the consequences of changing back to an older zoning designation; he explained that the Ponderosa area, and Greenacres would be impacted if those designations were to change; so that would be a consequence of that action, and he reiterated that staff needs to know where Council wants to go; and said that this is the legislation at its purest with the City Council getting to map out the City the way they want. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 4 of 20 Mayor Towey said the question now, is SARP zoning hampering buildings and businesses along Sprague now, or it is encouraging business. Mr. Connelly responded that the answer is probably both, as some areas are restricted in use such as where retail is not allowed; and other areas enhance use. Mr. McCormick added that the new residential developments on the south side of Appleway would not have been allowed under the previous zoning. Mr. Connelly again asked, what does Council want the city to look like; and a first step might be for Council to go through the SARP and identify things they don't like or would like to surgically change, keeping in mind likely some changes will be small while others that would major would take longer. Public Works Director Kersten said one of the things that was troubling was the economic study which showed that Sprague cannot support the commercial it has throughout the entire corridor; so the concept was to move the commercial entities to those Centers and open up some of the options in the rest of the corridor and thereby create a formed based code to bring in residential and to permit building residential next to an office, but not have the big box, high traffic retail; he said we were looking for a way to expand uses but still restrict some other uses; and said the big issue was it would be okay to build residential next to an office and it would be compatible; and developers would feel comfortable building that. Councilmember Grafos said he understands the reason for that and said he has a presentation on that issue, and he then read the following prepared statement: "Mr. Mayor, City Council, and City staff. I would like to speak to an issue of the utmost urgency for the economic health of our community, and an issue that should be the #1 priority of this council in 2010 and beyond. Shortly after the City was formed in 2003, the city council hired planning consultants from California and directed the City staff to begin what was termed "revitalization" of our city with loud cries of "too much retail" and "I have a vision" by council and City officials alike. This action set our City upon a course to downzone, restrict and re- allocate property values and uses to the U -City area. Despite heavy opposition and protest from the community, the previous council chose the SVBA and the leadership of the VALLEY CHAMBER OF COMMERCE as representative of our community wishes, totally ignoring the REAL community. After hundreds of thousands of dollars paid to these California consultants, and the immediate expansion of the city bureaucracy and its planning department, there emerged a plan that featured an intentional choke -down of traffic and businesses and the removal of individual property rights across the Valley. Thus was born an un- funded, multi - million dollar scheme begun in 2004, further refined and restructured with more city -wide restrictions in 2007, emerging in 2009 as the SPRAGUE- APPLEWAY REVITALIZATION PLAN or SARP. I'd also like to clarify that this SARP discussion is not just about one -way versus two -way at U -City, the building of a grand new city hall at U -City, or the extension of the Couplet on Appleway blvd. It is about a huge over -reach of government, shifting wealth from the backs of hundreds of small businesses and property owners into the pockets of a few. SAYING IT IS ABOUT SOME FUTURE "VISION" OBSCURED THE TRUE INTENT OF THIS PLAN SO INAPPROPRIATELY NAMED "REVITALIZATION." IT SHOULD REALLY BE CALLED THE "RE- ALLOCATION PLAN." The fact is, you cannot restrict economic activity and expect to increase economic activity. We live in a competitive world environment, are competing with our neighbors to the east in Idaho besides Spokane and Spokane County. To not acknowledge this reality of the marketplace, and trade the strengths of our community, which include an abundance of large close -in undeveloped parcels, proximity to downtown Spokane, good freeway access to I -90, lack of congestion on city streets, City sewer and utilities in place, and the probable future expansion of mass transit on the Appleway Couplet just to name a few, for an ever - expanding bureaucratic style government is not what the citizens had in mind upon Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 5 of 20 incorporation. And though the citizens of this community know that hard decisions must be made, they should be made on the basis of economic opportunity for all, not just the few vocal self interests THUS, THIS DISCUSSION TODAY NEEDS TO BE ABOUT JOBS AND ECONOMIC DEVELOPMENT INSTEAD OF UNCERTAIN, DISCRIMINATORY AND EVER - CHANGING REGULATIONS. Now, for those who are unaware of the economic impact of these government restrictions on the economic health and our ability to create jobs for our citizens, I would like to add the following into the record. I have here over thirteen items and letters from community business leaders and citizens expressing frustration with the planning, permitting, and community development department and City staff. These are just a few of the complaints and troubles that have come to me and they are just the "tip of the iceberg." Many of these complaints come from those who are willing and able to bring economic development to the City enriching our tax base, and thus lessening the tax burden on our residential areas. First: 1. Jim Magnuson — Owner of University City (permits, delays, and zoning) 2. Orville Barnes — Univ. city management (zoning, site restrictions and lost projects including a bank on the corner of Mullan and Sprague) 3. Pring corporation to mayor Munson April 21, 2009 (down zoning his properties) 4. Rob B. Gragg — Crown west realty representing the owners Spokane Industrial park (restrictions in industrial zones and what they can and cannot do with their properties) 5. Grant Person — NAI BLACK COMM. Real estate (zoning) 6. Jim Bonucceli — Village Square Realty, Trent Avenue project (zoning) 7. Clark Pacific Real estate Co. Bowdish & Sprague (loss of a bank at the corner of Argonne and Sprague, wasn't permitted by the zone change put in place by SARP and subsequent zone changes) 8. Clark Pacific Real Estate Co. Trent Avenue (zoning) (zoning) 9. Pring Corporation to city council Dec 30 2009 (zoning) 11. Andrew Hovren — Building material supplier (building dept) [editor's note: there was no #101 12. Shawn McGuire — Business insurance agency owner (problems with the building dept) 13. Guy Byrd — Property owner — Commercial R/E Broker (zoning and lost projects on Sprague Avenue due to restrictive zoning) AND LAST, The Spokane Valley News Herald retraction dated 2/5/2010 from Auto Row district dealers who represent over 20% of the sales tax revenues to our city and although they favor some common sense revitalization projects in the area around the dealerships, such as crosswalks, reasonable business friendly signage regulations, trees, or street lighting, the Auto Row Group has not endorsed the other aspects of the multi - million dollar un- funded mandate known as SARP, including the return to two -way traffic or a dedicated city center in the U -City Area. They also wanted to make it clear that they were not affiliated with the Spokane Valley Business Association and the Valley Chamber of Commerce endorsements of the SARP. Your city council is charged with the responsibility of setting the future direction of economic activity in our community honestly and fairly and to always be mindful of taxpayer's interests and to insure that the limited role of government serves all its citizens not just a select few. Our citizens know there are only a couple of ways to pay for the cost of government, higher taxes or by increasing economic activity through the private sector. Here are some alarming and sobering facts: Building permits (new const) 2007 640 Building permits (new const) 2008 555 Building Permits 2009 343 Decrease in Permits issued 46.40% Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 6 of 20 And I might mention that the planning department and the budget of the planning department between 2004 and 2010 was an increase of 232% and projects between 2004 and 2014 will have about a 400% increase in the operating budget of that department. [Editor's note: this paragraph stated at meeting, but not included in written statement.] AGAIN: you cannot restrict economic activity with the hopes of increasing economic activity. I am asking the Council at this time to ask the city attorney and staff to prepare a motion for the next council meeting to o impose an immediate Moratorium on the adoption and enforcement provisions of the SARP now in effect under RCW 35A.63.220. And as the council and staff begin the process of dismantling SARP in its entirety, this moratorium would return the city to zoning entitlements in place prior to the first citywide downzone approved by council in 2007. This action would allow the zoning entitlements changed by this council action in 2007 to be reviewed and returned to the interim zoning in effect at the time of city incorporation. Residential area development would continue under present development criteria and changes could be reviewed on a case -by -case basis to rp otect the diverse residential areas that exist in the Spokane Valley. This process would provide immediate relief from the zoning restrictions and constraints imposed by the prior city council and planning department actions on commercial properties and jumpstart economic activity in our city simultaneously with the dismantling of the SARP plan. Furthermore, I believe that it would be both enlightening and instructive to property owners and the public at large to see city maps which depict all of the non - conforming uses on the city arterials which were created by these multiple city wide downzones since 2004. To this day there are hundreds of property owners who are invested in our city, but still remain unaware of the land use restrictions and zone changes quietly enacted by their city officials. Additionally, the Growth Management Act does not limit a community from having more than a 20- year inventory of each type of commercial property (example: community commercial or industrial zoning) Were these commercial uses restricted by your city with multiple zone changes? THE ANSWER IS: YES Did your City planning department and council through multiple downzones and the unfunded multi- million dollar SARP create a large number of non - conforming businesses in our city? THE ANSWER IS: YES Does a non - conforming status for your property or business have an adverse affect on such issues as re- development, bank loans, appraisals, or insurance coverage? UNFORTUNATELY, THE ANSWER IS: YES The elimination of non - conforming uses on multiple properties citywide and the restoration of zoning entitlements to commercial zoned properties in our City should be the #1 priority project for the planning department in 2010. The urgency of this project and its economic impact cannot be overemphasized. With the current economy and the looming budget challenges facing our City, these discussions must be about preserving jobs, growing our tax base and revenues, and promoting economic development. Thank you, Dean Grafos." The following were given as attachments to the letter from Councilmember Grafos: 1. RCW 35A.63.220 Moratoria, interim zoning controls — Public hearing — limitation on length. 2. Letter dated December 8, 2009 from James Magnuson to Dean Grafos at Grafos Investment, Inc. 3. Letter dated December 23, 2009 from Orville Barnes to Dean Grafos at Grafos Investment address 4. Letter dated April 21, 2009 from Pring Corporation to Richard Munson, Mayor re draft SARP Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 7 of 20 5. Letter dated December 7, 2009 from Crown West Realty to Greg McCormick, Spokane Valley Planning Manager, re public hearing draft Comprehensive Plan 6. Undated three -page comments by Rob Gragg re the Comprehensive Plan, with eight pages from the Comprehensive Plan, with comments 7. E -mail dated December 22, 2009 from Grant Person of NAI' Black to Dean Grafos 8. E -mail dated December 3, 2009 from Jim Bonuccelli to Dean Grafos; with attached one -page letter dated August 13, 2009 to Mark Lucas of Kiemle & Hagood Company; and attached flyer advertising Office/Warehouse/Yard for lease 9. Letter dated January 4, 2010 from Marshall Clark of Clark Pacific, to Dean Grafos re NEC of Bowdish & Sprague 10. Letter dated January 7, 2010 from Marshall Clark of Clark Pacific to Dean Grafos re 11615 and 11617 E Trent Avenue. 11. Letter dated December 30, 2009 from Kirk Owsley of Pring Corporation to City of Spokane Valley Council members, with copy of page 2 of a letter to Mayor Munson from Bradley Pring re regulatory taking. 12. E -mail dated January 26, 2010 from Shawn McGuire to Dean Grafos re "bums" and "beggars," the "Appleway mess" and the permits and inspection department's "nasty reputation." 13. Letter dated February 5, 2010 from Cornerstone Property Advisors to Dean Grafos re Proposed Use (Hite Crane) at 7102 and 7202 E. Sprague Avenue 14. Undated copy of "correction" to last week's News Herald concerning editorial cartoon dealing with the Auto Row not being affiliated with the SVBA or chamber. Discussion followed with mention from Councilmember Gothmann that what Councilmember Grafos just presented contains a large number of items, some of which are zoning, and some administrative and said it needs to be brought to the appropriate authority and allow them to solve the problem; and he suggested Councilmember Grafos talk with Councilmembers rather than at councilmembers; and said since the Department Director is here, we let her reply to those problems; he added that the Planning Department increased substantially as a direct response to the public's concern that they were not getting the service desired, and as a result, additional staff were added; in addition, he explained, several engineers were moved from the Public Works Department into the Planning Department to provide better customer service. Councilmember Gothmann said Council needs to sit down and identify the problems, that Councilmember Grafos has identified a solution before identifying the problem; that zoning issues need to be identified, sent to the Planning Commission with staff input to get the problems solved. Councilmember Dempsey agreed and said councilmembers need to talk to each other and fmd out where we are going; that she would hate to have an ordinance drafted and presented prior to examining all issues in an appropriate manner; adding that the staff is not out to "screw the public" but are there to do the best job they can with the parameters put in place by Council. Councilmember Gothmann suggested that a list could be started of what rights citizens had and have now been removed; then give that to the Planning Commission. Councilmember Grassel said she feels the immediate problem is lack of building permits, that they are down 46 %, that she agrees with the moratorium idea and said the remainder of issues can be reviewed in the interim, so at least some projects can get started. Councilmember Grafos said he advocates that we stop what we are doing and let the market develop the properties and move ahead and see if that will help the citizens, and in the meantime, look at the problems; he said he is not pointing fingers at staff; but said there are some things put in place that are not the right idea, and this would stop the restrictions put in place and allow property to develop which will increase the tax base and increase jobs, and allow the Planning Commission and the council to discuss and develop a reasonable solution. Councilmember Gothmann said that he is not in favor of a moratorium as it means to stop building, which he said is not good for a city. Attorney Connelly said staff will need to research the legal implications to stopping SARP from being applicable. Mayor Towey said we have to stop and look at what we are doing and how we are encouraging business; he said we need to determine whether SARP is a road block; and to look at the desired end result that we Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 8 of 20 want businesses to come in and to do that, stumbling blocks need to be removed; he said it might mean getting rid of the SARP or picking it apart piece by piece; and said we have to look at each component and ask if it is good for development, and if not, then change it. Councilmember Gothmann agreed that the free market does determine things, but said the ultimate solution would be no zoning so people could put anything they wanted anywhere; but he said he doesn't want that as he would not want a commercial building next to his private house; perhaps residents don't want a bank on their corner; and he said council needs to decide what are the best restrictions that can be optimal for our city, both in terms of citizens and in introducing businesses; that the question remains, how to encourage business; and said he feels it would not be best to have the entire 10.25 miles of Sprague zoned commercial. Councilmember Grassel also stated she feels the free market should determine that and not council, and she gave Division as an example; she said we are trying to re -zone an already commercial area into the mixed used city center, and then say you can't have a business here; she said this would not be a moratorium on building but on the SARP zone and suggested the regulations need to be addressed; and she mentioned the problem with the bank not being able to be built on Sprague and Argonne; she said we need those economic buildings; she said she is not advocating for a bank in a residential zone, but suggested the regulations go back to the commercial zone along Sprague. Councilmember Gothmann suggested each councilmember needs to be heard from; then we need to ask the City Attorney about the affects of a moratorium. Councilmember Grafos suggested Council suspend the rules and see what happens to private enterprise. Councilmember Dempsey suggested in order not to do any harm to any business or property owner, that things be done in an orderly fashion to protect everyone's rights, and that Council allow the City Attorney to do the needed research first. Mr. Connelly said he is hearing from Councilmembers Grassel and Grafos that they want to suspend the application of SARP, and he asked for Mayor Towey's opinion. Mayor Towey said we have to look at it and determine if it is hampering or encouraging businesses. Mr. Connelly asked to confirm that what council wants is an analysis to see what is and is not or wasn't allowed; and Mayor Towey said we have to stop what we are doing, analyze it and if needed, go in a different direction; but not as it is, we need to put a stop to it. Acting City Manager Jackson said he would like an opportunity to take a few weeks to carefully lay out this problem; to address the staff issues separately from the SARP issues; see if development is encouraged or hampered; and put a process together where staff can come to council and council can identify the problem; he said these are complex problems and feels we shouldn't state the solution prior to identifying the problem; that over the next three or four meetings, can make sure we have clear direction and understanding and that Council has the necessary information to make a decision; that staff needs to research all the possibilities and ramifications of adopting a new code or stopping SARP, and stressed that whatever the solution is, he cautioned that we move forward carefully so that council can reach their ultimate objective. Mayor Towey said he feels that is an excellent idea; and Councilmember Gothmann suggested including why SARP was adopted including whatever problems SARP was trying to address, and the scientific basis for those problems, and ways others have solved similar problems. City Attorney Connelly said it appears there are short and long -term options; that he can put together options for short term goals, and a more detailed analysis for the long term goals. Public Works Director Kersten added that part of the study should include the health of the economy; that in this downturned economy many people are not willing to take a risk; so this research could end up with two different answers. Mayor Towey responded that it is not why or how it happened, but the question now is, is it beneficial to our city now; and if it is holding us back, then we need to get rid of it. Councilmember Grafos asked for a vote of council to suspend the SARP; and City Attorney Connelly suggested not taking such vote today as the agenda was not noted for action; and Mr. Jackson added that the public needs to know that some action is going to be taken; and he suggested Council let staff set a timeline to discuss it and make sure Council reaches the conclusion legally and in the best interests of the community. Again, Mayor Towey said he feels that is an excellent idea to have staff research, then present to council. Councilmember Grassel stressed the need for urgency and not to drag this out but come to a quicker resolution; she said she realizes the reduction of sprawl is mandated by GMA and promoted by NLC and AWC, and they promote Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 9 of 20 the concept of walkable green spaces; she said the question is, is it right for our community; that we don't necessarily want to look like Portland, and she feels there is an urgency for those businesses along Sprague to have this resolved and not be a year -long process. Councilmember Dempsey said she feels the public needs to be involved and have opportunity for comment. Acting City Manager Jackson said staff will take the sense of urgency under advisement and this will be one of the major goals; that we will work toward a timeline and process and bring that to council to advance this as rapidly as we can and still meet the desire for public input, and said he will assemble a city team to address this. Councilmember Gothmann said that service problems are different issues; and he encouraged Councilmember Grafos to give those items to the Community Development Director, and maybe get a report back; and Mr. Jackson concurred. The meeting stopped for lunch at 11:50 a.m. and Mr. Jackson invited the members of the press and the citizens to join the group for lunch. The meeting reconvened at approximately 12:30 p.m. 2. Paveback (a) Interlocal Agreement — Neil Kersten Public Works Director Kersten explained that for the past seven years, we did paveback in conjunction with the County as they did their sewer projects; he explained that the County paid for paving over the trenches where sewer /side sewer lines were installed; and the City paid for any remaining paving beyond the sewer trenches; that at one point the entire city was on septic tanks, and now the STEP (septic tank elimination program) should be completed after just two more years — this year and next year. He explained that when the County does the sewer project, they pay for the payment where they dig their trench; he said sewer has to be pretty deep because some subdivisions weren't designed for that line; and he said that in some places in the Ponderosa area, the trench dug was 24 or 25 feet deep; that sometimes a pump station was also installed to make the system work; that in some cases the trench covered all the road, but sometimes a lot of paving didn't get done; so the County comes up with an estimate and calculates the amount needed outside the trench; and we have been paying for that additional cost so when the County's job is finished, we end up with a new street. Mr. Kersten said many projects were done in old neighborhoods with very old streets; he said we are matching their costs to do paving and last year we put in a little over $2 million; he explained if the project were not done in this fashion, we would end up with a trench and joints with roads not holding up for very long. Mr. Kersten said we have been struggling with funding in 2010 and the cost of paveback is not included in the current budget. Mr. Kersten distributed copies of and explained the map showing the 2010 sewer projects and the sewer areas, pointing out which areas are remaining to be paved; he mentioned that the West Farms area has a lot of gravel roads so there are several roads which will be paved for the first time; an additional issue, he explained is that this year new street standards were adopted and the level of residential streets was upgraded from the initial two inches of asphalt over four inches of base, to three inches of asphalt over six inches of base rock; he said an analysis was performed for long -term versus initial cost; and over the long term, these new standards are the best option as streets will last longer; traffic will have less of an impact; and it will afford us the ability to do a grind and overlay with three inches instead of doing the whole street; he said it is also easier to upgrade twenty to thirty years from now compared if there were only two inches, the whole thing would have to be torn out. Mr. Kersten said the cost will increase with the new standards, and it will result in an additional $760,000; with an additional estimated $900,000 cost to the county for their increased paving costs, which would result in the County adding a surcharge to the Capital Facilities Rate for each Equivalent Residential Unit (ERU) to cover the increase, thereby raising the total sewer connection fee for each homeowner from the current $5,780 cost per ERU to $6,730 per ERU; adding that the new rate could be pro -rated and paid monthly. Director Kersten also explained that the County handles the project, they bid it as part of their sewer project, and we work with them and pay the cost to the County, and they pay their contractor. Mr. Kersten said if Council wants to move ahead, a decision needs to be made to keep the two inches over four inches standard, or go with the three inches over six inches new standard; and he mentioned that the Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 10 of 20 West Farms project is currently out for bid with a bid opening scheduled for February 23, so a decision needs to be made soon so the County will know how to award the projects. There was discussion concerning the various projects, mention that Greenacres is fairly big; the question of paving or patching; that exceptions can be made not to follow the newer road standards; the idea of paying for roads now or paying for those same roads later and that $1 now could save $8 later or investing now to save a large future investment; mention by Mr. Kersten that the three inch is just for residential roads as arterials are different as they are heavier, stronger roads; and Mr. Kersten stating that the question remains can we afford it, and what is the best method. Mr. Jackson reminded everyone of the failed 2004 ballot issue for full -width paving, and that although the citizens did not want to pay for it, the City determined it would do so provided the funds were available; and that now funding is an issue. (b) Financing — Ken Thompson Finance Director Thompson distributed a list of our current reserves; said that our share would be about $2.2 or $2.3 million this summer, and with that cost, there are only a few places that could finance that and one would be the Civic Facilities fund, which he recommends, showing a current fund level of $5.8 million; and that payment could be handled by moving those funds back into the general fund and taking payment from that. Mr. Thompson said if the cost goes beyond the $2.2 or $2.3 million, he would have to start looking at moving revenues from a fund which will need to be replaced, like the general or street fund, and said those funds will also have their own problems over the next few years. Discussion included going with the older standard since the cost was not increased for the other projects; that some of the areas in question are lower income areas; mention from Mr. Thompson that the numbers mentioned already include the $310,000 CDBG grant (Community Development Block Grant); that the economy is such that an increase for the citizens could prove difficult; mention that this is not in the budget because this represents the first time we would have to dip into reserves to cover the cost and we previously did not have the full costs as projects don't get designed until the winter, and Mr. Kersten said that until the trench is laid out and the needed depth determined, solid numbers are difficult to determine; and mention that if we use the lower standards this year, the same should be done the following final year. It was determined that this item will be on a future council agenda for two motion considerations: one for the interlocal, and the other for the financing. 3. Snow Plowing — Neil Kersten Public Works Director Kersten explained that last year, the County terminated our snow removal contract, and in mid -May, council directed staff to get a plan together; he explained that he met with WSDOT (Washington State Department of Transportation) on numerous occasions, and they dedicated their surplused six trucks with plows and sanders; and we purchased the trucks for about $100,000 total; and he said they were in reasonably good shape; that Waste Management just finished a new facility off of Montgomery and were moving out of their old facility across from city hall on Sprague behind the Post Office, and the area includes about 1.5 acres, has a small building quarters for the crew, and some older bay maintenance in the garage, and he explained that the snow trucks fit in well; he said we have leased the area at the reasonable rate of about $4,000 monthly; that we needed some help and we contracted with Poe Asphalt after putting out a Request for Proposal; that Poe agreed to use the same terms we have with them for summer maintenance, for the winter cost and labor; that the initial contact for was $90,000 to get the trucks and facility ready; and said we have developed the contract for winter operations as noted on his agenda packet materials. Mr. Kersten said we are fortunate not to have received a lot of snow this year; that October and November were spent getting the facility ready; training the new people with WSDOT's help; and said he has been working with Poe, and when we need them, they come in; and he said Poe has been doing a lot of de -icing at night, especially at the intersections and hillsides. Mr. Kersten said the bill for January was $30,000 compared to last year's $600,000 in January and in 2008 the cost was $459,000, in 2007 the cost was $260,000; and he said we have almost hit a record low January this year for the lowest snow year. Mr. Kersten said he is comfortable with the program. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 11 of 20 There was discussion on the change in standards for snow plowing, and Mr. Kersten explained that a road which is "substantially impaired" means it is impassable; but said council can discuss the standards if they want to change that; and Mr. Jackson said staff can schedule a review of the snow removal plan with council if that is council's desire. Because of the scheduled conference call with the lobbyist, this discussion was suspended, to be continued after the telephone conference call. Telephone Conference Call with Briahna Taylor, Governmental Affairs Consultant Ms. Taylor said that Tim Shelberg of her firm will be joining her on this call. Ms. Taylor explained that regarding the 2010 Legislative Agenda approved by Council October 2009, that the agenda can be amended or changed; she mentioned they are trying to get $318,000 funding for the Sullivan/Sprague intersection repaving, and it was submitted in the House and Senate; she said this is a difficult budget year; that she can ask but of course there is no guarantee, but she will do her best; she explained that she also submitted the request late; and added that she is asking for a smaller amount to try to get more traction with the request. Ms. Taylor then reviewed and commented upon the eight items on the Council's Legislative Agenda: 1) Street Utility: explained that this was introduced about a week into the session; that there is a local option for cities to impose a utility fee like a garbage fee or telephone utility fee, and that it is based on trip generation; the bill was referred to the House Transportation Committee and she said that Matt Shea serves on that committee; there was a hearing on the bill but it did not pass out of committee before the deadline, which she said is today; she said the Transportation Committee met yesterday and there was a lot of discussion but the bill was not voted on. She explained that the Democrats make up the majority of the committee and they are concerned about how many provisions they are sending to the floor which would increase a fee or a tax and felt it would be a difficult vote to take; plus the economy the way it is is not the best year to move that forward. Ms. Taylor said this has been introduced multiple times and she expects it will be again in the future; adding that it was one of AWC's (Association of Washington Cities) top priorities. 2) 911 system: she said this was heard on Friday; that this would increase taxes on each line including internet protocol lines which haven't increased for many years; she said that although this is not a significant increase, it is an increase nonetheless. She explained that the funding would go to 911 centers across the state; she said we are funded by the County's system which is in desperate need of improvement; and she explained as an example, that a texted 9 -1 -1 call would not come in now, but this increased funding would allow for it; she said it was heard on Friday, but it is unclear if it will move forward; that there are multiple versions of the bill; and that while it is still moving along, there is not a lot of momentum as it calls for a tax increase. 3) $300,000 Park Acquisition: Ms. Taylor said that no capital projects were funded this year, and that they are now looking at making this request the following bi- annual; and that it will be kept on the legislative agenda for next year; she said she started doing the ground work to pave the way to make sure that request is successful next year. 4) Law enforcement District Enabling Legislation: Ms. Taylor said this is an effort in a local area and there is no legislation introduced on this issue and we are now past the cut -off deadline; adding if this were introduced this year, it would not be passed. She explained that the idea was to create a law enforcement district much like a fire district, which would be funded by that district; that this is something to consider for 2011 if Council wants to pursue it, she said they could lead the way in drafting the legislation and refining the concept. Police Chief VanLeuven asked if any other jurisdiction is trying to impose this concept, and she said she is unsure, and she is not sure where this idea originated from, but could look into the concept if Council wants to pursue this. Mr. Jackson this is something council can discuss and decide if they want to pursue that legislation for 2011. Ms. Taylor said if that is Council's desire, to please let her know and she will look into the feasibility or if other jurisdictions in the state or Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 12 of 20 even around the country have been successful; and said she will ask key players for a general reaction to see if this would get any traction at all. 5) Interoperability Infrastructure: Ms. Taylor said there has been some local effort to fund interoperability communications; and the question is how to create a state -wide interoperability system; that a lot of these requests stem from the 9 -11 incident and the lack of communications among safety people. She explained that this is handled differently in various states, with some converting the Department of Transportation as well as emergency response frequencies and making them all similar, to others creating a consolidation in government and thereby a cost savings which would fund interoperability. She said she heard the discussions on this topic and that due to the economic recession, this is not the best time to pursue this but it could be picked up after the sixty -day session adjourns. 6) Cap and Trade Provisions of Climate Control Regulations: she said that while efforts are ongoing at the State level, it was decided this would not be addressed during legislature and instead wait and see if the federal government does anything in this regard. She said these are items for discussion, but they haven't generated any legislation. 7) Access Enhanced State Fuel Purchasing Power: she explained that this was a request that her firm research the concept of the state purchasing wholesale fuel and making it available to local jurisdictions. Ms. Taylor said she did a great deal of research and discovered the State already purchases fuel at a wholesale level for multi -state agencies but not through private entities, only through its own fueling stations; she said a fueling station the city could use would be outside the city limits, and the cost of driving to it would not be a cost savings due to the extra driving. Ms. Taylor said if Council wants to pursue this, she needs more thought put into what it is we are looking for; and said the next step would be to research to make sure that wholesale fuel is available to all jurisdictions. 8) Support for AWC Legislative Agenda: Ms. Taylor discussed the three priorities of the AWC; i.e. City Flexibility Package, Stormwater Funding, and Street Maintenance Utility. She encouraged councilmembers to look at that agenda, consider the status of where things are, and look forward to the next legislative agenda and of what might benefit our city. She mentioned the transportation request for the Sullivan Road intersection, the Park Road Pool, and suggested council makes sure those are the priority projects to seek state funding; or whether to advocate for a law enforcement district, and with research, to see if the community would be receptive. Other things to keep in mind she said, are what other cities are doing, and she mentioned the recent public record request legislation, and said some entities indicated this could be very burdensome because of the sheer magnitude of requests and that all requests must be complied with; she said she has worked with AWC and other cities to put together a concept of, if you post an ordinance for a meeting agenda to the website, instead of printing that agenda, staff could supply the requestor with the link to the website, which would represent a cost savings for staff not researching the item. She mentioned that the idea is in the Rules Committee and is in line for being voted on the floor; and City Attorney Connelly suggested including anything on the website be treated in the same manner; and Ms. Taylor noted that suggestion. In closing, Ms. Taylor explained that there is some leeway to change some of the state requirements, and she will look for direction on whether to add the public records legislation or other pieces that come up; she said in two days they will be halfway through the 2010 legislation; that new issues would be difficult at this point as all deadlines are past; that it is important to consider what goes on in session, and that an end -of session report will be forthcoming; she said she looks forward to the 2011 session, that there will be a new budget so there will be opportunities to get more funding, and she encouraged discussion on adding or changing the current legislative agenda and to look forward to the 2011 session. Mr. Jackson asked if Council wanted to discuss adding the public records legislation, would there be any impact to add that now for 2010; and Ms. Taylor said if it is Council's desire to add it, she would ask for support and she would advocate for the bill for the city and talk to the committee members to indicate that Spokane Valley supports that legislation. Mr. Jackson said Council will have that discussion and he will report back to Ms. Taylor. Ms. Taylor said if other issues on the agenda need to be changed or don't have traction, they can be removed for the 2010 session, and said she will advocate based on what those Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 13 of 20 changes are. Councilmember Gothmann asked about the TIB (Transportation Improvement Board) consolidation with WSDOT and about the Governor withdrawing her support of that; and Ms. Taylor replied that the Transportation Committee refused to sponsor legislation that would call for consolidation so the Governor's office agreed to hold off on that; and Ms. Taylor said that if there are any issues that come up for her attention, Councilmembers can always e-mail her with those desires, and said she advocates on behalf of Council. Acting City Manager Jackson said with Council concurrence, he will get more information on the public records legislation, and put this matter in the packet for the next council meeting. Council concurred. 3. Snow Plowing — continued Mr. Kersten resumed this agenda topic discussion by outlining the options for future winter operations: (1) Continue with the current plan with minor changes Hire an additional full -time mechanic /operator Monitor future years to see if additional full -time or part-time staff are needed Purchase the Waste Management Facility In 2010, purchase one new and one surplus WSDOT truck/plow /sander (2) Hire one full -time and five part time operators Hire a contractor to provide additional back -up for drivers /operators Purchase the Waste Management Facility In 2010, purchase one new and one surplus WSDOT truck/plow /sander (3) Hire a private contractor for all winter operations Prepare a RFP (request for proposal) detailing all requirements for winter operations May require continuing emergency operations for one additional year. Mr. Kersten said that he currently has a street superintendent and two operators, and recommends after this winter to hire one more person to cover some of the daily issues, and said he would want this person to be stronger on the mechanic side; he said he has plenty of work to keep at least three people busy. Mr. Kersten said this was a pretty light year so they didn't get a strong test to see how it would go in future years; that he feels we should move ahead and buy the Waste Management facility as it is a great location as it is in the middle of the city instead of off to one part of the city; that the cost is reasonable and he mentioned they did a full appraisal for the market value, which is a little over $500,000; that it is not a new facility and needs some upgrades, but he feels we could get it for a reasonable price. Mr. Kersten said the site is currently up for sale as the owners initially didn't want to lease it; but they agreed to our lease, which is a month -to -month lease for one year; and he said if they find a buyer, they'll terminate the lease. Mr. Kersten said they could split the cost of the facility between the stormwater fund and the street fund; that it is clear they will need a couple more trucks as we are at the maximum use with what we have; and said if they got into plowing multiple days, they would lose some of those trucks as they'd go down for maintenance; so Mr. Kersten said he recommends maybe buy one more used if possible, and buy a new one every year or two and start to replenish the fleet. Mr. Kersten also explained that the de- icer used in the trucks literally eats up the electrical; so if the truck gets a crack or leak, the salt gets in and destroys them. Concerning Option 2, Mr. Kersten said this would use a crew that comes back, and based on research, generally 80 -90% come back so they get familiar with the city and become well - trained. Mr. Kersten said concerning Option 3, that last May he sent out a letter of interest all over, but only received two responses; one was local and the other was from Priest River. Mr. Kersten said he thinks from a cost standpoint, we probably have the most cost efficient system now; but the downside is the workers are not quite as familiar with the road, but said they are getting there. Mr. Kersten recommended Option 1; and said that contractors are willing to provide the labor, but contractors are not interested in gearing up for the operation; that we have six WSDOT units and converted two to liquid de- icers; that they will need a couple more trucks for plowing mainly, but he said we are in good shape for de- icing. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 14 of 20 Councilmember Gothmann asked if the County would back us up in case our system failed; and said the County said if a person was on duty for standby, that they would get eight hours pay; but Mr. Kersten said the County didn't have standby as their people were permanent; and we paid for them forty hours a week with overtime; but said with Poe and with twenty -four hour's notice, they will show up without standby; or if a big storm in coming, we can put them on standby for two hours, adding that we can usually see the weather coming far enough ahead to give several day's notice; and that it works well and saves money. Mr. Jackson asked if Council has a preference on the options. Councilmember Dempsey said she favors Option 1. Mr. Kersten said in reference to the other full time position, that would be mainly with stormwater, and he said there is a huge need in that regard and said he would give an update in the near future on stormwater as they are just getting that program going, and could easily move those people during the summer, between the street and stormwater funds. Mayor Towey said if option 1 is the preferred option, perhaps we should look at the facility right away; and Mr. Kersten said he can bring back details on the location, but can't imagine losing money on it as it is a good deal, a great location and a great price. Councilmember Grafos asked if staff had to re -zone that to put that operation there; and Mr. Kersten said the property is currently nonconforming and we can legally use it, but if there are significant upgrades needed, it may not be able to remain under the current zoning. Councilmember Grafos said that under the SARP, that facility sits next to a residential boulevard with a plan for condos, and asked rhetorically who would buy that next to the dump trucks. Mr. Kersten said it would need to be dressed up a little; and Councilmember Grassel said the zoning needs to be determined before we purchase the building. Mr. Kersten said if Council wants to pursue that, he will research the issue; and Councilmember Grafos said the problem is with all the downzoned parcels; now we would come back and say this is a great shop for dump trucks for the city. Mr. Kersten said he would pursue option 1 and bring council additional details. 4. Financial Forecast — Ken Thompson Finance Director Thompson brought Council's attention to the handouts showing the general fund and street fund revenues and expenditures; regarding page one and the general fund, Mr. Thompson said if we did nothing more to the budget, this is probably what it would look like; and he said he feels a need to come closer to projections instead of having more extra money at the end of each year. Mr. Thompson said that the yellow sheet shows some changes in the general fund only; and he asked Council to keep in mind that none of the revenues or expenditures will be exact; and he explained the "From Service level reserve" line item on that yellow sheet, and said the expenditures have been increasing about 8% annually but always seem to be too high compared with the actual; so they decided to project the increase at 7% instead of 8 %; and said they feel the departments can bring in their budgets at 97% of what is budgeted; and that the 3% cutback results in savings of several million dollars annually. Mr. Thompson said that regarding the emergency fund of $.5 million, we have never spent from it so we could pull that out to help with the budget. Mr. Thompson said that usually included in the projections are increases based on our business plans, such as adding positions, but said we have taken those out as we are not going to spend that. Mr. Thompson said we also must be careful with the public safety fund as that fund represents about two- thirds of the general fund budget, or about $20 million; and said that the public safety budget goes up 6 -7% annually, he said public safety includes the district court, prosecutor, public defender, emergency management, animal control, Sheriff's Office, etc., and there are still a couple years of settle and adjust on several of those contracts. Finance Director Thompson said that he feels the sales tax projections are actually what we think we will receive in 09; that it was bumped $50,000 in 2011; that he got the feeling Council is not interested in increasing the property tax so he left that alone, but did take into account new construction. Mr. Thompson said the general fund revenues now are flat with expenditures going up about 7 %; and said we have to find some savings here and there. Concerning the third page of his handout showing the street fund, Mr. Thompson said it is difficult to predict the annual snowfall and truck maintenance; but said his Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 15 of 20 estimates should be close; he said in 2010 we have a energy efficient grant of $712,000 which covers about six or seven items; that expenditures increased to about $4.5 million in 09, which jumps to about $5.2 million in 2010; that there is a little bit of a loan out there which was needed to replace our winter weather reserve fund, so we spent $355,000 from that fund last year so we need to pay that fund back; and in paying this back we will have $.5 million in the reserve fund. Mr. Jackson explained that the strategy has been to budget for an average snow year and have those reserves for when we have a year like we did last year; he said the street preservation fund of $4 to $4.5 million is for preservation; but said we are also getting to a critical point in our ability to match capital projects because of lower REET (real estate excise tax) funds; and said it is difficult to get new grants as we don't have the revenue stream for the match. There was some discussion concerning REET 1 and REET 2 and the different rules associated with those; and staff mentioning that we don't apply for a grant if we don't have the matching funds. Mr. Jackson mentioned the need to have engineering designs complete and have projects "shovel ready" in order to be competitive; and Mr. Kersten said that the Sprague Project is a good example of that as stimulus funds were used for that project; that it was designed and we had it on the shelf, and if we had not been ready, we likely would have missed it. Mr. Kersten said we haven't lost any grant funds at this point. 5. Goals — 2010 Council Budget Goals City Manager Jackson asked Council if they had changes or re- direction to staff in any way concerning the stated 2010 budget goals, and the goals were discussed individually: #1. Continue monitoring wastewater issues, including governance of wastewater facilities, andpursuit of the most efficient and economical methods to ensure the continuation of wastewater discharge licenses. Mr. Jackson said that we will have a presentation coming up on that soon, and Mr. Kersten added that Bruce Rawls from the County will be here next week; Mr. Kersten also distributed copies of information taken from the Department of Ecology's website, and he pointed out that it has been determined that the Spokane River was impaired; so they are going through the TMDL (total maximum daily load) process to try to improve that; that they collaborated with EPA (Environmental Protection Agency) for an abatement in March 2007, they all agreed to the plan, and then in 2008 the EPA said that was done in error and decided to throw it all out, so they had to re -do the process; and Mr. Kersten said they just received the final comments on the TMDL and in the next four or five months, they should be putting out the process to tell people what they need to do to meet those levels. Mr. Kersten also distributed copies of a page from the County's website concerning the Spokane County Regional Water Reclamation Facility; and Mr. Kersten mentioned that he is on the selection committee for the DBO (design, build, operate) process for the plant; that CH2M Hill was hired as contractor; and it is scheduled to be completed in 2012 which he said ties into the projection for volume for sewer as we will need that plant on line to be able to continue development. Mr. Kersten said Council can familiarize themselves with the website to prepare for Bruce Rawls' presentation next week, and added that the County is still looking at all options in case they can't discharge into the river. It was determined to retain goal #I as stated. #2. Implement records indexing and phase in a document ima "g system City department by City department with the goal of achieving city -wide implementation in 2010. City Clerk Bainbridge gave an update on the process thus far; that she and IT Specialist Greg Bingaman researched which document imaging company to use and selected Laserfiche; that temporary scanner operators have been hired and have scanned over 100,000 pages of documents; and said this is an ongoing process; and that having documents on Laserfiche saves staff time in searching for previous documents; and once our new website goes live March 31, 2010, the plan is to also have the scanned documents in Laserfiche available to the public. It was determined to retain goal #2 as stated. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 16 of 20 #3. Implement and Evaluate regulations specfed in the Sprague /Appleway Revitalization Plan as adopted and amended by City Council. Mr. Jackson said we could discuss this now or go through the other goals and come back to this one later. Councilmember Dempsey suggested removing the words "implement and evaluate" and adding the words "re-evaluat leaned Re- Evaluate regulations specified in the Sprague /Appleway Revitalization Plan as adopted and amended by City Council. It appeared there was no objection from Councilmembers on that suggestion. Deputy Mayor Schimmels asked if this would remain as a budget goal, and Mr. Jackson replied that they are currently part of the 2010 budget; and said as we work forward, Council can direct staff for amendments. #4 Develop a Shoreline Master Program Community Development Director McClung explained that the inventory is complete for the shoreline master program; that when this was budgeted the budget only included inventory, but said there was actually enough budgeted to cover the inventory and the production of the plan; she explained that we are required by state law to revise a shoreline master program so we will hopefully be ahead of schedule; and she mentioned that the open house last week went well. Director McClung said that a joint meeting with Council and the Planning Commission is planned for March, so we will proceed from there. It was determined to retain goal #4 as stated. 95 Pursue a legislative capital budget request for state funding, or the acquisition of parkland adjacent to the Park Road Pool. Parks and Recreation Director Stone said that this is the $300,000 request we have into the legislature; that we heard from our Lobbyist and this project doesn't appear to have much support due to the capital budget; he said the Park Road Pool is just a pool and there is no park, and that this acquisition is a priority; he said he will continue to work on this if it is Council's desire; he said there is some private interest in the property and that we stay in contact with the property owners, and he said the property owners desire to have a park there as well. In response to Councilmember Grassel's question about any connection to the school, Mr. Stone said it borders Centennial Junior High and we have the ability to do joint programming, but there have been no discussions about sharing resources. Councilmember Dempsey asked about the feasibility of purchasing the property, and Mr. Jackson said it is feasible, but we would have to dip into our reserves as we don't have the $300,000 purchase price. It was determined to retain goal #5 as stated. #6 Develop and implement a multi ,year winter roads maintenance plan including availability, costs and effects of private sector vendors per orming winter road maintenance for the CW. There was no objection to keeping this goal as stated. #7 Pursue state. funding of a demonstration project that constructs a city hall in accordance with "living building" standards. Mr. Jackson said this idea came about because of the interest in green buildings and other conservation measures; and of the possibility that funding might become available. Public Works Director Kersten said this would be pretty easy to achieve, that there would be some additional cost at first, but once built, a "living building" has net zero consumption, and would generate enough power during the day to power the building at night; that we would need wells and places to deal with gray water; but he said he has not seen any grant funding at this point, and said we don't know where council wants to go for a city hall; or whether to move ahead or not. Mayor Towey said the site is not compatible to this so a living building is out of the question; and Mr. Kersten said it would be very expensive. Councilmember Gothmann suggested if this has a low probability of actually occurring, perhaps it would be best to remove this as a goal. Mr. Kersten said staff could monitor this idea as it progresses in the future. It was determined to remove this as a goal. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 17 of 20 Short -Term Goals: Mr. Jackson then opened the floor for any proposed short-term goals. Mr. Jackson mentioned that the Governance Committee has not yet convened, and that would be the opportunity to discuss any changes relative to telephone conference calls, adding that the manual can be revised as needed. Communications with Citizens. Mayor Towey said that we need to have a venue where we can give more information to the public, especially when ordinances and resolutions would have a financial impact on citizens; that he would like to have a way to get the information out to them in a reasonable amount of time, and he gave the alarm ordinance as an example; stating that he has received numerous a -mails and calls from citizens who were confused and who said the initial letters were confusing; and he proposed that any time we are going to pass a resolution or an ordinance that impacts citizens financially, that we have a way to inform those people and explain what it is, how it affects them, and why it was implemented. Mr. Jackson said staff can work toward a plan to address that; that we rely heavily on the media, but said that is no substitute for direct mail; and staff will research the cost and process. Councilmember Dempsey suggested pursuing the televising of council meetings, and said that would give people another avenue to gain information. Mr. Jackson said as part of the business plan, staff is working on ways to do a better job; and he mentioned the Hot Topics insert in the newspaper, and said staff tries to use all available resources. Councilmember Grassel suggested that Council review anything that goes out to the public, and make suggestions prior to information being sent out. Chief VanLeuven said once he explains the process and purpose of this alarm ordinance, people were less confused; he said he corresponded with the Alarm Companies in order to clarify citizen questions; he said the Police Department follows up every call and once clarified, most of the citizens are very supportive; he also said that this is far cheaper than the original ordinance. Chief VanLeuven said cost recovery is only from the false alarms and that the administrative fee is to register the information for alarms. Chief VanLeuven said he feels we will see a different picture in six months; he said prior to this citizens were paying their alarm company to monitor their alarm, and if they couldn't contact a trigger; they'd call the Police; that this Public Safety Corporation maintains the database and does much more than what the alarm company does for them. Councilmember Gothmann asked if before this ordinance, did the Police even know who had the systems, and the Chief said only the ones which were registered; but the some alarm companies in the past, refused to give the Police Department alarm contact, or there were some where the police had no contact information. Mr. Jackson said he is confident we can do a better job on these types of situations in the future, and will strive toward that objective. Councilmember Grassel asked about panhandling regulations and what we are doing and can or can't do. Discussion included mention of Councilmember Gothmann's previous PowerPoint; that it might be a good time to present that information again; and it was determined to put that topic on an upcoming council agenda. Deputy Mayor Schimmels asked about the current city hall lease and Mr. Jackson said it runs through 2012. Councilmember Grafos asked how much space is available to use for a city hall at CenterPlace, what would be the restrictions if City Hall were at CenterPlace and suggested staff start looking at that as an option to the current lease at the present city hall location. Mr. Jackson said staff has begun research on that and it will be brought to council at an upcoming council meeting. Citizen and ad- hoc committees was mentioned as another short-term goal, and it was suggested staff begin researching that idea to determine what types of committees, and/or to have a list of things a committee could consider. It was mentioned there have been ad -hoc committees in the past, such as the Panhandling Committee, Sign Committee, and a Senior Citizen Committee. Due to time constraints, it was determined the next topic for discussion will be "brainstorming" which will be addressed after a short break. The group took a break at 3:07 p.m. and reconvene at 3:25 p.m. Brainstorming: Mr. Jackson said this is an opportunity for an open session to discuss anything or everything on Council's mind. Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 18 of 20 Sense of Community: Councilmember Dempsey mentioned that Valleyfest is a huge and wonderful community- builder, we need more; and she suggested purchasing U -City and turn it into a big park. Communication: Councilmember Gothmann said that in previous generations, the largest communication device was television; while it remains large, one of the largest now is the Internet; and he suggested we explore ways to social network and have greater communication with the citizens. Mayor Towey suggested exploring different options, that televised meetings is a controversial topic, and suggested exploring ways to televise two sides to issues by not having the city comment, but rather have two experts debate the pros and cons so citizens can make rational decisions. Councilmember Grafos suggested contacting Lamar Advertising and Tom Hamilton's operation to see if they would donate a type of public service announcement reader board or sign to the city; that the Sheriff's Office wants some identification for their precinct, and said perhaps a reader board sign or rolling message on some type of LED board could be used, and said that perhaps the material and/or labor for such could be donated. The use of scientific focus groups to gather public opinion was suggested by Councilmember Gothmann, who said he believes the city of Bellevue uses this method. Economic Development: Mayor Towey said economic development will be one of our most difficult challenges; he said there are some options and we need to focus on that; and said if we don't, Sprague will still look like Sprague without any new development; and said he feels this would be the number one priority for 2010 and 2011. The following is a list of positive emphasis, strengths, or assets connected with our community: Police presence at the Mall Chamber of Commerce The city contributes financially to local organizations Lots of land and space Good traffic access; good roads Nice people Educated work force in a variety of fields Proximity to downtown Spokane and Coeur d'Alene Good police department Many recreation areas and natural resources Great fire department Industrial park; could be used more in consortium fashion In -place utilities (properties are ready to go) Excellent water and water supply Rural land with an agricultural history; could support a Green Bluff for example Diversity: Native Americans contributed to cultural richness Schools including institutions of higher education Foreign trade zone Answers to what challenges are there to our economic development: Zoning: how much and what kind Economy Finances Low income neighborhoods Housing Communications: need to develop a process to handle citizen concerns, from first expression to resolution Incentives to attract businesses Working with other entities, organizations and municipalities Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 19 of 20 Water rights Sewer capacity State unfunded mandates Lack of a "welcome wagon" Urban wildfires A method to catalogue resources for economic development Answers to the question of what is our city best known for: Good place to raise a family Economical Suburb of Spokane Health care Quality of life Large suburban lots Compassionate people Kaiser Aluminum Dismal downtown or lack of a downtown Answers to the question of what would you like our city to be known for: Community feeling it has Quality of life Great place to do business Family wage jobs Good public safety CenterPlace Centennial Trail Discovery Playground Mayor Towey thanked staff for today's information; and thanked everyone for coming. There being no further business, the meeting was adjourned at 4:00 p.m. E. Towey, Mayor Retreat minutes of 02/09/2010 Approved by Council: 03/09/2010 Page 20 of 20 Mr. Mayor, City Council, and City staff I would like to speak to an issue of the utmost urgency for the economic health of our community, and an issue that should be the #1 priority of this council in 2010 and beyond.. Shortly after the City was formed in 2003, the city council hired planning consultants from California and directed the City staff to begin what was termed "revitalization" of our city with loud cries of "too much retail" and "I have a vision" by council and City officials alike. This action set our City upon a course to downzone, restrict and re- allocate property values and uses to the U -City area. Despite heavy opposition and protest from the community, the previous council chose the SVBA and the leadership of the VALLEY CHAMBER OF COMMERCE as representative, of our community wishes, totally ignoring the REAL community. After hundreds of thousands of dollars paid to these California consultants and the immediate expansion of the city bureaucracy and its planning department, there emerged a plan that featured an intentional choke -down of traffic and businesses and the removal of individual property rights across the Valley. Thus was born an un- funded, multi - million dollar scheme begun in 2004, further refined and restructured with more city -wide restrictions in 2007, emerging in 2009 as the SPRAGUE - APPLEWAY REVITALIZATION PLAN or SARP. I'd also like to clarify that this SARP discussion is not just about one -way versus two -way at U -City, the building of a grand new city hall at U -City, or the extension of the Couplet on Appleway Blvd. It is about a huge over -reach of government, shifting wealth from the backs of hundreds of small businesses and property owners into the pockets of a few. SAYING IT IS ABOUT SOME FUTURE "VISION" OBSCURES THE TRUE INTENT OF THIS PLAN SO INAPPROPRIATELY NAMED "REVITALIZA.TION." IT SHOULD REALLY BE CALLED THE "RE- ALLOCATION PLAN." The fact is, you cannot restrict economic activity and expect to increase economic activity. We live in a competitive world environment, are competing with our neighbors to the east in Idaho besides Spokane and Spokane County. To not acknowledge this reality of the marketplace, and trade the strengths of our community, which include an abundance of large close -in undeveloped parcels, proximity to downtown Spokane, good freeway access to I -90, lack of congestion on city streets, City sewer and utilities in place, and the probable future expansion of mass transit on the Appleway Couplet just to name a few, for an ever - expanding bureaucratic style government is not what the citizens had in mind upon incorporation. And though the citizens of this community know that hard decisions must be made, they should be made on the basis of economic opportunity for all, not just the few vocal self interests THUS, THIS DISC.TSSION TODAY NEEDS TO BE ABOUT JOBS AND ECONOMIC DEVELOPMENT INSTEAD OF UNCERTAIN, DISCRIlVIINATORY AND EVER - CHANGING REGULATIONS. Now, for those who are unaware of the economic impact of these government restrictions on the economic health and our ability to create jobs for our citizens, I would like to add the following into the record. I have here over thirteen items and letters from community business leaders and citizens expressing frustration with the planning, permitting, and community development department and City staff. These are just a few of the complaints and troubles that have come to me and they are just the "tip of the iceberg." Many of these complaints come from those who are willing and able to bring economic development to the City enriching our tax base, and thus lessening the tax burden on our residential areas. First: 1. Jim Magnuson — Owner of University City and zoning) 2. Orville Barnes - Univ. city management site restrictions) (permits, delays, (zoning, 3. Pring corporation to mayor Munson April 21, 2009 (zoning) 4. Rob B. Gragg — Crown west realty representing the owners Spokane Industrial Park (zoning) 5. Grant Person — NAI BLACK COMM. Real estate (zoning) 6. Jim Bonuccelli — Village Square Realty (zoning) Trent Avenue project 7. Clark Pacific Real estate Co. Bowdish & Sprague (zoning) 8. Clark Pacific Real Estate Co. Trent Ave (zoning) (zoning) 9. Pring Corporation to city council Dec 30' 2009 (zoning) 11. Andrew Hovren — Building material supplier (building dept) 12. Shawn McGuire — Business insurance agency owner (building dept) 13. Guy Byrd — Property owner — Commercial R/E Broker ( zoning) AND LAST, The Spokane Valley News Herald retraction dated 2/5/2010 from Auto Row district dealers who represent over 20 % of the sales tax revenues to our city and although they favor some common sense revitalization projects in the area around the dealerships, such as crosswalks, reasonable business friendly signage regulations, trees, or street lighting, the Auto Row Group has not endorsed the other aspects of the multi- million dollar un- funded mandate known as SARP, including the return to two -way traffic or a dedicated city center in the U -City Area. They also wanted to make it clear that they were not affiliated with the Spokane Valley Business Association and the Valley Chamber of Commerce endorsements of the SARP. Your city council is charged with the responsibility of setting the future direction of economic activity in our community honestly and fairly and to always be mindful of taxpayer's interests and to insure that the limited role of government serves all its citizens not just a select few. Our citizens know that there are only a couple of ways to pay for the cost of government, higher taxes or by increasing economic activity through the private sector. Here are some alarming. and sobering. facts:. Building permits (new const) 2007 640 Building permits (new const) 2008 555 Building permits 2009 343 Decrease in Permits issued 46.40% AGAIN: You cannot restrict economic activity with the hopes of increasing economic activity. I am asking the council at this time to ask the city attomey and staff to prepare a motion for the next council meeting to_iMpose an immediate Moratorium on the adoption and enforcement provisions of the SARP now in effect under RCW 35A.63.220. And as the council and staff begin the process of dismantling SARP in its entirety, this moratorium would return the city to zoning entitlements in place prior to the first citywide downzone approved by council in 2007. This action would allow the zoning entitlements changed by this council action in 2007 to be reviewed and returned to the interim zoning in effect at the time of city incorporation. Residential area development would continue under present development criteria and changes could be reviewed on a case -by- case basis to rp otect the diverse residential areas that exist in the Spokane Valley. This process would provide immediate relief from the zoning restrictions and constraints imposed by the prior city council and planning department actions on commercial properties and jumpstart economic activity in our city simultaneously with the dismantling of the SARP Plan. Furthermore, I believe that it would be both enlightening and instructive to property owners and the public at large to see city maps which depict all of the non - conforming uses on the city arterials which were created by these multiple city wide downzones since 2004. To this day there are hundreds of property owners who are invested in our city, but still remain unaware of the land use restrictions and zone changes quietly enacted by their city officials. Additionally, the Growth Management Act does not limit a community from having more than a 20 -year inventory of each type of commercial property (example: community commercial or industrial zoning) Were these commercial uses restricted by your city with multiple zone changes? THE ANSWER IS: YES Did your City planning department and council through multiple downzones and the un- funded multi - million dollar SARP create a huge number of nonconforming businesses in our city? THE ANSWER IS: YES Does a non - conforming status for your property or business have an adverse affect on such issues as re- development, bank loans, appraisals, or insurance coverage? UNFORTUNATELY, THE ANSWER IS: YES The elimination of non- conforming uses on multiple properties citywide and the restoration of zoning entitlements to commercially zoned properties in our City should be the #1 priority project for the planning department in 2010. The urgency of this project and its economic impact cannot be overemphasized. With the current economy and the looming budget challenges facing our City, these discussions must be about preserving jobs, growing our tax base and revenues, and promoting economic development. Thank you, Dean Grafos RCW 35A.63.220: M oria, interim zoning controls — Public hearing — Limitati n... Page 1 of 1 RCW 35A.63.220 Moratoria, interim zoning controls — Public hearing — Limitation on length. A legislative body that adopts a moratorium or interim zoning ordinance, without holding a public hearing on the proposed moratorium or interim zoning ordinance, shall hold a public hearing on the adopted moratorium or interim zoning ordinance within at least sixty days of its adoption, whether or not the legislative body received a recommendation on the matter from the planning agency. If-the legislative body does not adopt findings of fact justifying its action before this hearing, then the legislative body shall do so immediately after this public hearing. A moratorium or interim zoning ordinance adopted under this section may be effective for not longer than six months, but may be effective for up to one year if a work plan is developed for related studies providing for such a longer period. A moratorium of [or] interim zoning ordinance may be renewed for one or more six -month periods if a subsequent public hearing is held and findings of fact are made prior to each renewal. [1992 c 207 § 3.1 httn•//anna 1P(y uvq nnv / w/ rlr fatllt.nsnx?cite= 1 5A.63.220 12/14/2009 H. JAMES MAGNUSC ATTORNEY AT LAW 1250 NORTHWOOD CENTER CO POST.OFFICE BOX 2266 COEUR D'ALENE, IDAHO 8381 TELEPHONE (206) 666 -1596 FAX (206) 666-1700 December 8, 2009 Dean Grafos Grafos Investment, Inc. 161. E. Sprague Spokane Valley, WA 99037 Dear Dean: H. -J _:S MAGNUSON ATTORNEY AT LAW MAGNUM CENTER 1250 NORTHWOOO CENTER COURT POST OFFICE BOX 2288 COERR O'ALENE. IDAHO 83816 (208) 888 -1588 FAX(208) 888.1700 Thank you for taking the time to meet with us and discussing some of the issues you will be dealing with. With your background and experience, you are well qualified to address the Spokane Valley issues. One issue we did not discuss is regarding the Building Department. We have had numerous projects and seem to encounter much delay and negativity in obtaining building permits from the Building Department. Our architects and contractors are usually very capable and well- versed in this area, but nonetheless encounter unnecessary delays in what most would view as a normal process. Orville Barnes has advised me on multiple occasions that the Spokane Valley Building Department has a reputation as the most difficult to deal with in our area. Thanks again and good luck. Y , H. JAMES MAGNUSON Attornev at Law HJM:slb BARNES CONSULTING COARANY 1110 North Stanley Road — Spokane Valley, WA 99212 -0923 Phone: 509.777.0008 — Fax: 509.777.0012 December 23, 2009 Dean Grafos 16120 East Sprague Avenue Spokane Valley, WA 99037 Dear Mr. Grafos: As you may be aware, I have been involved in the development of various commercial properties in Spokane and the area now covered by the City of Spokane Valley for over fifty years. As I have followed the process of adoption of a new zoning ordinance for the City of Spokane Valley, I have been concerned about how tightly that ordinance was being drawn. I don't believe that all of the restrictions placed on properties on how and where buildings could be placed would work for all properties and that it could very well result in fewer properties being developed and redeveloped. I pm aware of at least one building that had been designed, the owner took the plan to the building department and was told that the siting of the building would not be approved. As I understand, the new building was to be located too far from the street. The company reviewed their options, and with all their alternatives, they decided not to build. I'm sure there were other problems over the above the zoning, but had there not been the zoning restrictions, they could very well have gone forward. We are not opposed to changes in the zoning code but believe that those changes need to ensure sufficient flexibility to allow property owners to develop their property in a reasonable and prudent manner. Obviously, the City of the Spokane Valley needs commercial development and updating of existing buildings to make it an attractive place to do business. The owners of University City have worked with the present Council and city administration and look forward to working with the new Council. Very truly yours, BARNES CONSULTING COMPANY Orville L. ames OB /cj I .' PSG GRPORATION April 21, 2009 The Honorable Richard Munson, Mayor City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Reference: City Council Draft Sprague /Appleway Revitalization Plan Public Hearing on April 28, 2009 Dear Mayor Munson: COSY Pursuant to Notice of Public Hearing received by the undersigned, I wanted to take this opportunity to address you and all of the Council Members of the Spokane Valley City Council regarding the above referenced City Council Draft (hereinafter the "Draft ") and Public Hearing. The John A. Pring family has continuously conducted business in the Spokane Valley since 1928, owning and operating Appleway Chevrolet, Inc. until October 31, 1977, when the Corporation was sold to AutoNation. During those years it also established many other business entities and currently owns and operates Pring Corporation, and Appleway Equipment Leasing, Inc., both Washington corporations based in the City of Spokane Valley, Washington, (hereinafter the "City "). Pring Corporation, a real estate Development Corporation established in the Spokane Valley in 1961, owns a substantial amount of land, buildings and additional improvements thereon in the City. A large portion of those properties, all currently zoned primarily B -3, are located within the Sprague and Appleway Corridors Subarea Plan which may be negatively impacted pursuant to the provisions of the Draft. With respect to the terms and provisions of the Draft, we believe it is fair to say the Draft has been one of much concern and controversy within the community. Notwithstanding, the City has continued to incur initial and substantial ongoing expenditures, despite the opposition in the community. As set forth in the Draft numerous changes and provisions have been prevalent, even to the extent under Book II Development Regulations Section 2.1.2, page 6, the City intends to "incubate" a District Core within the City Center District Zone, a new Pre- located Core Street. That Core Street, of course, is further identified as the immediate area that surrounds the area where the intended New City Hall is to be built. 15404 E. Springfield Avenue / SPOKANE VALLEY, WA 99037 -0457 / (5091 921 -8880 FAX (509) 928 -5435 Real Estate Development Commercial Loans Investments Mayor Munson City of Spokane Valley Page 2 The regulation goes on further to provide "REGULATORY RESTRICTIONS" on the entire City Center District Zone to the extent it prohibits development on other properties. in the City. Center District Zone for an undetermined time. Pring Corporation owns' substantial properties surrounding this area, which regulatory restrictions, in our opinion, may be an appropriation or diminution of private property rights by a governmental regulation that exceeds the government's legitimate police power. Such an action may be interpreted to be a "REGULATORY TAKING" under Federal and Washington State law. Should such a restriction be implemented by the City, we may be required to take whatever action necessary, including legal action, to protect our interest in our property and to assure our property rights and expectations for our property are protected. We have other objections to many other provisions in the Draft, and we are generally against the provisions thereof. In summary, we oppose the City Council Draft as written, and trust based on the above, you can understand our concerns. Very truly yours, Pring Corporation. Bradley .Prim President cc: Deputy Mayor Dick Denenny Council member Rose Dempsey Council member .Bill Gothmann Council member Gary Schimmels Council member Steve Taylor Council member Diana Wilhite December 7, 2009 Mr. Gregory McCormick, AICP Planning Manager CITY OF SPOKANE VALLEY 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Sent via U.S. Mail and via email (Wanning@spokanevalley.org RE: PUBLIC HEARING DRAFT COMPREHENSIVE PLAN Dear Mr. McCormick: Thank you for the opportunity to provide written comment on the city of Spokane Valley's Comprehensive Plan (the "Plan "). I have issue with the section 2.5.6 of the Plan concerning proposed land use regulations for "Industrial- Heavy Industry." The picture you have used in this section is our facility, The Spokane Business and Industrial Park. Since our purchase of The Park we have invested an additional 20 million dollars, much of which has to do with aesthetics. While I agree that heavy industry may have "aesthetic impacts to surrounding areas," we have conducted our business and taken pride in our ownership such that our impact to the surrounding area has been a dramatic upgrade. The rationale in the Plan for suggesting that commercial and retail not be allowed in industrial areas is seriously flawed. The Plan states: "limiting incompatible uses insures a competitive advantage in business recruitment by providing adequate land supply, reducing land conflicts and preventing inflation of land prices." With all due respect, this is absurd. Our company exists and survives because of business recruitment. I serve on the Economic Development Council board of trustees and our company has three full time marketing people who spend the majority of their time on business recruitment. A competitive advantage to business recruitment is achieved by having multiple uses within a given area. Our tenants and/or owners include a hotel, a gas station convenience store, a fast food restaurant (Mc Donald's), a sandwich shop (Sub -Way), a day care center, an automotive repair and tire store (Altons), and numerous other small retail outlets. These services are an essential part of business recruitment, not a detriment as suggested in the Plan. There currently exists a more than adequate supply of industrial land. Currently the Park is about 12% vacant. This represents almost 600,000 square feet of vacant industrial buildings in just this one location. With the current political climate in Washington, the lack of business incentives, the Labor and Industries rate, unemployment compensation insurance costs, the third highest minimum wage in the country, and new bureaucratic layers of government, our current of surplus industrial land in Spokane Valley will last for generations. By example, for these reasons Buck Knives located in Post falls. To compound the non - existent absorption of industrial land manufacturers now compete in a "world economy." Jobs and industry are moving overseas at an December 7, 2009 Page 2 alarming rate. For a planner to suggest that there is any meaningful opportunity to absorb industrial land especially for "heavy industrial use" in Washington when competing against the world- economy is naive! The concern of government should be how we help industrial property owners survive this "perfect- storm" environment and allow them to create opportunity for the community via creative solutions using the current zoning regulations. Changes under the Plan should not include a change of what industrial owner's can now do with their zoned land. It is not the function of government to attempt to prevent inflation of property prices as the Plan suggests. Land prices would only inflate if all of the industrial land was absorbed. It could only be absorbed if users were willing to pay the inflated rate.. And, if this happened it would dramatically increase the tax base and the employment base. The result would be a good thing for the citizens of Spokane Valley, the owners of industrial land in Spokane Valley and the government of Spokane Valley. I would also suggest that changing what an owner is allowed to do with their land might constitute a "taking" and create an expensive liability for the city. I also remind you that we live in an environment of increasing fuel costs and diminishing supply. Our roads are becoming more congested, yet the Plan would disallow uses that currently exist under the present zoning regulations which lessen the use of fossil fuels and road use. By making services available to workers in industrial areas without a commute to "growth nodes at the intersections of major streets" we are helping the environment and providing a service to the citizens of the community. I strongly urge you to reject the proposed change to Industrial Zoning as did the commissioners of Spokane County when it was proposed to them approximately two years ago. I am available for public comment or consultation if I can be of service to you. Respectfully, CROWN WEST REALTY, L.L.C. Rob B. Gragg Vice President & Asset Manager cc via U.S. Mail and email Mayor Diana Wilhite ( dwilhite @spokanevalley.or� Deputy Mayor Rich Munson ( rmunson @spokanevalley.orQ Michael DeVleming ( mdevleming2spokanevalley.org ) Steve Taylor ( staylor @spokanevalley.org Gary Schimmels ( gschimmels @spokanevalley.org Mike Flanigan ( mflaniizan @spokanevalley.org Dick Denenny ( ddenennv @spokanevalley.org Comments by Rob Gragg Page 1 of 3 Thank you for the opportunity to provide comment on the city of Spokane Valley's Comprehensive Plan (the "Plan"). LAND USE COMMENT I have issue with the section 2.5.6 of the Plan concerning proposed land use regulations for "Industrial -Heavy Industry." The picture you have used in this section is our facility, The Spokane Business and Industrial Park. Since our purchase of The Park we have invested an additional 20 million dollars, much of which has to do with aesthetics. While I agree that heavy industry may have "aesthetic impacts to surrounding areas," we have conducted our business and taken pride in our ownership such that our impact to the surrounding area has been a dramatic upgrade. The rationale in the Plan for suggesting that commercial and retail not be allowed in industrial areas is seriously flawed. The Plan states: "limiting incompatible uses insures a competitive advantage in business recruitment by providing adequate land supply, reducing land conflicts and preventing inflation of land prices." With all due respect, this is absurd. Our company exists and survives because of business recruitment. I serve on the Economic Development Council board of trustees and our company has three full time marketing people who spend the majority of their time on business recruitment. A competitive advantage to business recruitment is achieved by having multiple uses within a given area. Our tenants and /or owners include a hotel, a gas station convenience store, a fast food restaurant (Mc Donald's), a sandwich shop (Sub -Way), a day care center, an automotive repair and tire store (Alton's), and numerous other small retail outlets. These services are an essential part of business recruitment, not a detriment as suggested in the Plan. There currently exists a more than adequate supply of industrial land. Currently the Park is about 12% vacant. This represents almost 600,000 square feet of vacant industrial buildings in just this one location. With the current political climate in Washington, the lack of business incentives, the Labor and Industries rate, unemployment compensation insurance costs, the third highest minimum wage in the country, and new bureaucratic layers of government, our current supply of surplus industrial land in Spokane Valley will last for generations. By example, for these reasons Buck Knives located in Post Falls. To compound the non - existent absorption of industrial land, manufacturers now compete in a "world economy." Jobs and industry are moving overseas at an alarming rate. For a planner to suggest that there is any meaningful opportunity to absorb industrial land especially for "heavy industrial use" in Washington when competing against the world - economy is naive! The concern of government should be how we help industrial property Comments by Rob Gragg Page 2 of 3 owners survive this "perfect- storm" environment and allow them to create opportunity for the community via creative solutions using the current zoning regulations. Changes under the Plan should not include a change of what industrial owners can now do with their zoned land. It is not the function of government to attempt to prevent inflation of property prices as the Plan suggests. Land prices would only inflate if there was meaningful absorption of industrial land. It could only be absorbed if users were willing to pay the inflated rate. And, if this happened it would dramatically increase the tax base and the employment base. The result would be a good thing for the citizens of Spokane Valley, the owners of industrial land in Spokane Valley, and the government of Spokane Valley. I would also suggest that changing what an owner is allowed to do with their land might constitute a "taking" and create an expensive liability for the city. I also remind you that we live in an environment of increasing fuel costs and diminishing supply. Our roads are becoming more congested, yet the Plan would disallow uses that currently exist under the present zoning regulations which lessen the use of fossil fuels and road use. By making services available to workers in industrial areas without a commute to "growth nodes at the intersections of major streets" we are helping the environment and providing a service to the citizens of the community. I strongly urge you to reject the proposed change to Industrial Zoning as did the commissioners of Spokane County when it was proposed to them approximately two years ago. I am available for further public comment or consultation if I can be of service to you. ECONOMIC DEVELOPMENT COMMENTS As a trustee for the Economic Development Council as well as an employee of the largest organized industrial park in the region, attracting new business is my job. Chapter 7.0 states "examples of activities primarily directed toward economic development include allocating land for manufacturing uses...." As previously stated, there is ample land for manufacturing uses. Last week the United States Department of Commerce said the price of oil would impact the United States less than the rest of the world because our GNP has dropped from 40% manufacturing twenty years ago to 14% today and the drop is expected to continue as we move toward an "information based economy." What this means for our region's economic development is that we have abundant land and we don't need government dictating how we allocate our reasonable uses as long as it is socially correct. Moreover, I would suggest that if the City wishes to "allocate land" they should buy it, and they can allocate as they see fit. Comments by Rob Gragg Page 3 of 3 Based on my economic development experience, I agree with the Department of Commerce concerning declining manufacturing. If we want manufacturing jobs in the City of Spokane Valley we must be realistic about our weaknesses (Section 7.3.2) and overcome the true weaknesses, not weaknesses listed to be politically correct. If I were a manufacturing company owner and I saw the strengths listed in section 7.3.1 I would further investigate the area. And then move my business to Idaho. Why? Because Washington's sales tax is 3.5% higher than it is 15 miles from here in Idaho. Washington's Gas Tax is substantially higher and going up. If I were to buy a new vehicle for my business in Washington it would need to conform to California emissions standards, adding more expense. I would have to pay B & O tax in Washington not Idaho. In Idaho I would not have to deal with WISHA. Our Labor and Industries worker's compensation rates are among the highest in the nation. Our health insurance is very expensive. By example, for a company the size of Crown West there are only four providers because health insurance companies do not want to do business in Washington. Washington's minimum wage is the third highest in the nation. And, if my business were in Idaho, I would not need to worry about what else King County could do to destroy my livelihood! As Crown West and the EDC I worked closely with Buck Knives to place them in Washington but they located just across the state line for a plethora of reasons all similar to those mentioned above. Section 7.3.2 is incomplete without including the aforementioned in the weaknesses. Focusing on land use issues for economic development is diversionary from the real problems we face. We need an economic development plan that addresses the real issues that I must deal with on a daily basis as my company competes with other states. Retrofitting industrial buildings to "different standards" per section 7.3.2 is not going to attract industry and jobs. As private industry and an EDC trustee over the last several years, I have competed for many call centers against other cities. We have proposed retrofit, or build -to -suit, or purchase of existing ready -to -go buildings like the Safeco building on Sprague and we have not successfully landed one call center for this region. I respectfully submit that the plan drafters must think like entrepreneurs and seek the input and guidance of those with experience before a plan without merit containing only rhetoric is put in place. The plan should specifically contain an action plan to overcome the damage King County and Olympia do to our local economy and how we can compete against other states not burdened by regulated competitive disadvantages. Only then can we move the City forward in economic development. Thank you for your time City of Spokane Valley Comprehensive Plan Public Hearing Draft 2.5.6 Industrial Designations Industrial land and facilities are important for the economic health of Spokane Valley. The broad range of industrial businesses from high -tech to basic industry help drive the local economy and create an economic multiplier effect throughout the region. Recognizing that there exists an abundant supply of usable land and existing facilities these assets must be coupled with a pro- business attitude which will create opportunities for recruitment and expansion of industry. Minimal environmental constraints and access to infrastructure will help Spokane Valley to be an attractive place for industrial businesses to locate and prosper. (See Chapter 7, Economic Development, for additional policies that encourage recruitment and retention of industrial business.) Industrial — Heavy Industry Heavy industry is characterized by industrial activities which include, but are not limited to, manufacturing, processing, fabrication, assembly /disassembly, freight - handling, warehousing, distribution and similar operations. Although unlikely, heavy industry may have significant noise, odor or aesthetic impacts to surrounding areas. Residential and some recreational uses should not be allowed in areas designated for heavy industry unless compatibility can be demonstrated. It is generally recognized that some commercial and retail uses are highly compatible within an industrial area. Heavy industry, by virtue of the property use, dictates construction of large facilities. Redevelopment of those large facilities for commercial use such as a furniture store that requires substantial floor space at an affordable rent or an office building for executives and ancillary support of the industrial user such as attorneys and accountants may be the highest and best use for redevelopment of existing industrial buildings as our national economy shifts away from industrial /manufacturing. Alternate uses of industrial land and facilities should be driven by economic considerations which allow the owner flexibility and income to maintain his /her property in a first —class condition. The conversion of designated vacant industrial land to other uses should be limited. However, not allowing a reasonable variety of commercial, retail and other uses in the industrial areas would be in conflict with section 2.5.5 of this Plan related to the potential benefits of mixed use development. Industrial — Light Industry The light industry designation is often found in a planned industrial area where special emphasis and attention may be given to aesthetics, landscaping and internal and community compatibility. Uses may include high technology and other low- impact industries. Light industry areas may incorporate office, retail and other commercial uses as ancillary uses within an overall plan for the industrial area. City of Spokane Valley Comprehensive Plan Public Hearing Draft The light industry category may serve as a transitional category between heavy industrial areas and other less intensive land use categories. The category may also serve as a visual buffer for heavy industrial areas adjacent to aesthetic corridors. Industrial Goals & Policies Goal LUG -10 Provide for the development of well - planned industrial areas and ensure the long -term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. THE CITY OF SPOKANE VALLEY, THE CITY OF SPOKANE AND THE ADJACENT COUNTY LAND HAVE VAST AMOUNTS OF INDUSTRIAL AREAS. AS OUR NATIONAL ECONOMY SHIFTS TO A SERVICE ORIENTED ECONOMY IMPOSITION OF NEW LAND USE REGULATIONS FOR INDUSTRIAL LAND WILL BENEFIT NO ONE! Policies LUP -54 Program capital facility expenditures to facilitate the development of lands designated for industrial uses. I HOPE THERE ARE NO FUNDS BEING EXPENDED FOR THIS TODAY AS THERE IS NO ECONOMIC RATIONAL FOR THIS AT THIS TIME LUP -55 Encourage low - polluting industries to relocate in Spokane Valley. SINCE WHEN HASN'T ANY COMMUNITY IN THE UNITED STATES NOT DONE THIS? IT TAKES MUCH MORE THAN "ENCOURAGEMENT" TO LAND A NEW COMPANY IN SPOKANE VALLEY. Please see my comments made at the public input forum. LUP -56 Encourage shared -use parking, pedestrian access and transit incentive programs in industrial development projects. SOUNDS NICE BUT OF NO VALUE! I CAN TESTIFY AS A MEMBER OF THE EDC AND BUSINESS RECRUITER FOR MY COMPANY TO THE FACT THAT THIS WILL NOT ATTRACT NEW INDUSTRY. THIS WILL ONLY INCREASE THE NEW CITY'S EXPENSES AND NOT BOLSTER THE ECONOMY. Goal LUG -11 A variety of strategically located heavy industrial areas should be designated and protected from conflicting land uses. WHAT DOES THIS MEAN? HEAVY INDUSTRIAL IS HEAVY INDUSTRIAL. HOW WILL WE GET A "VARIETY ?" City of Spokane Valley Comprehensive Plan Public Hearing Draft Policies LUP -57 Residential and some recreational uses should not be allowed in areas designated for heavy industry unless compatibility can be demonstrated. It is generally recognized that some commercial and retail uses are highly compatible with an industrial area. Heavy industrial by virtue of the property use dictates construction of large facilities. Redevelopment of those large facilities for commercial use such as a furniture store that requires substantial floor space at an affordable rent or an office building for executives including ancillary support of the industrial user such as attorneys and accountants may be the highest and best use for redevelopment of existing industrial buildings as our national economy shifts away from industrial /manufacturing. Alternate uses of industrial land and facilities should be driven by economic considerations which allow the owner flexibility and income to maintain his /her property in a first —class condition. The conversion of designated vacant industrial lands to other uses should be limited. However, not allowing a reasonable variety of commercial, retail and other uses in the industrial areas would be in conflict with section 2.5.5 of this Plan related to the potential benefits of mixed use development LUP -58 Conversion of designated industrial lands to other uses should be strictly limited in order to ensure adequate land supply and prevent inflation of land prices. I assure you that the laws of supply and demand will dictate the inflation rate of land prices not this "land plan." This language has no place in a professional and formal document. LUP -59 Provide appropriate buffering, landscaping and other development standards for industrial areas. Goal LUG -12 A variety of strategically located light industry areas should be designated and protected. WHAT DOES THIS MEAN? HOW WILL WE GET A "VARIETY ?" PROTECTED FROM WHOM OR WHAT? City of Spokane Valley Comprehensive Plan Public Hearing Draft Policies LUP -60 Residential and recreational uses shall be limited or not allowed in areas designated for light industry to the extent that they are not compatible with the light industrial uses. LUP -61 A planned light industry area may include sidewalks, bike lanes and landscaping to provide a safe and attractive working environment. (Remember this is the same planner that was concerned about price inflation under LUP 58 and they want to add all of this expense to the infrastructure! City of Spokane Valley Comprehensive Plan Public Hearing Draft 2.5.6 Industrial Designations P r,.,. lindustrial land and facilities are as important for the economic health of Spokane Valley. The broad range of lindustrial businesses fr high -tech to basic industry help drive the local economy and create an economic multiplier effect throughout the region. Recognizing that there exists an Noviditig an adequa teabundant supply of usable land and existing facilities these assets must be coupled kvith a pro - business attitude which will create opportunities for recruitment and expansion of industry. Minimal environmental constraints and access to infrastructure will in whelps ensa .., tha Spokane Valley w4-to be an attractive place for industrial businesses to locate and prosper. (See Chapter 7, Economic Development, for additional policies that encourage recruitment and retention of industrial business.) Industrial — Heavy Industry Heavy industry is characterized by intense industrial activities which include, but are not limited to, manufacturing, processing, fabrication, assembly /disassembly, freight - handling Nyarehousing. distribution and similar operations. _fi ot�h unlikely, plheavy industry may have significant noise, odor or aesthetic impacts to surrounding areas. E'er , aer•C' ', fesi' " "'Residential and niest — some recreational uses should not be allowed in areas designated for heavy industry unless compatibility can be demonstrated It is generally recognized that some commercial and retail uses are highly compatible within an � ilie industrial area. 1 industry, by virtue of the property use dictates construction of large facilities. Redevelopment of those large facilities for commercial Use such a a furniture store that requires substantial floor space at an affordable rent or an oftice building= for executives and ancillary support of the industrial user Sikh as a ttorn eys and accountants ma , b� e the highest and best use for redevelopment of Cxistin- indus buildings as our national e conomy shifts away from industrial /mallutaCtul-ing alternate uses of industrial land and facilities should be driven b y economic considerations w hich allow the owner flexibility and income to maintain his /her property in a firs -class conditi The conversion of designated vacant industrial lands to other uses should be limited. Ilowever, kir�itiH t t1Y V land p6ees. Moreover. aflowing not allowing a wile reasonable variety of commercial—,, retail and other uses in the lnEktsirial industrial areas would be in conflict with section 2.5.5 of ether- pe tions- of his Plan related to eotieei i '' .' -� •• :. the potential benefits of mixed use development. Industrial — Light Industry City of Spokane Valley Comprehensive Plan Public Hearing Draft The Llight findustry designation is often found in a planned industrial area l ',yhere special emphasis and attention nigy be given to aesthetics, landscaping and internal and community compatibility. Uses may include high technology and other low- impact industries. Light lindustry areas may incorporate office retail and other commercial uses as ancillary uses with -in an overall plan for the industrial area. Non intitisttial ase t,.,,.ta be t:.,,:,._ „a t i ii the . , .rr- it of eae; he— asti M ” Wier. The 1Light Iindustry category may serve as a transitional category between heavy industrial areas and other less intensive land use categories. The category may also serve as a visual buffer for heavy industrial areas adjacent to aesthetic corridors. Industrial Goals & Policies Goal LUG -10 Provide for the development of well - planned industrial areas and ensure the long -term holding of appropriate land in parcel sizes adequate to allow for future development as industrial uses. TI IF CITY OF SPOKANE VALLEY THE CITY OF SPOKANE; AND TILE; ADJACENT COUNTY LAND HAVE VAST AMOUN'T'S OF INDI..1STRIAI., AREAS. AS OUR NATIONAL ECONOMY SII11"I'S '1O A SI::RVICI; ORIENTED ECONOMY IMPOSITION OI: NEW I_,AND I,JSI: RI_GULATIONS FOR IND1_1S"TRIAL, I.,ANQ WILL. BFN1` J 'F N() ONE! Policies LUP -54 Program capital facility expenditures to facilitate the development of lands designated for industrial uses. I IfOI'I TIIERE ARE NO FUNDS BEING EXPENDED FOR TIIIS TODAY AS TIJE::RI:? IS NO ECONOMIC RATIONAL FOR THIS AT TIJIS TIME LUP -55 Encourage low- polluting industries to relocate in Spokane Valley. SINCE, WIII N ITASN'1' ANY COMMUNFIN IN '1111 IJNI'T'I D STATES NOT DONE THIS? IT TAKES Mi1CII MORE TI -IAN `°ENCOIRA(3 EMENT" TO LAND A NEW COMPANY IN SPOKANE, VAl_I.I.Y. Please see my comments made at the public input forum. LUP -56 Encourage shared -use parking, pedestrian access and transit incentive programs in industrial development projects. So t NICE: BU'I" OF NO VALUE! I CAN TESTIFY AS A NJ MI3E:R OF "T1 IF EDC AND BUSINESS RECRUITER FOR MY COMPANY TO JJJE FACT "THAT THIS WILL NOT ATTRACT NEW INDUSTRY. TIIIS MIA, ONLY INCREASE Tf-JE NEW CITY'S EXPENSES AND NO "T' BOLSTER 11 IF ECONOMY. City of Spokane Valley Comprehensive Plan Public Hearing Draft Goal LUG -11 A variety of strategically located heavy industrial areas sbouM be should be designated and protected from conflicting land uses. WHAT DOES TIIIS MEAN? HEAVY INDUSTRIAL, IS 11F INDUSTRIAL'. JIQW WILL WE GET A "VARIETY ?" Policies LUP -57 Residential and some recreational uses should not be allowed in areas designated for head' ul(Iustr� unless comp can be demonstra It is g eneral - recognized that some commercia and retail uses are highly co1111)atlhle 1vith an industrial area Ileav� indushial by virtue of the Uropertv_usc.__dictates construction of large facilities Redevelopment of those large facilities ti)r conlnlel use such as a furniture store that requires substantial floor space at an affordable rent or an office buildins; for exec ,h ives including ancillat3 Stpport of the industrial user such as a ttorneys and accountants may be the highest and best use for redevelopillent of existing industrial build i ngs as our national econoi iy shifts away fToi11 induSti'lal /inanufitcttirinl. Alternate uses of Industrial land and facilities shotild be drivel- by economic cotlsiderations which allow the owner flexibility and income to maintain his /her prop in a First —class condition The conversion of designated vacant industrial lairds to other uses should be limited However not alloNvinga reasonable variety of commercial retail Wuxi other uses in the industrial areas would be in conflict with section 2.5.5 of this Plan related to the potential benefits of mixed use development. ' s h .I ' I ii t d t II„ i C ,l 1 't.- . .H a „t i E„ - t ot +) -e eft —fi>F }r�t�l- i <zife itt i�lt�t - i „a ' Lises intend ii naiil}Lser �tl i+xltr tii�tl re�t- LUP -58 Conversion of designated industrial lands to other uses should be strictly limited in order to ensure adequate land supply and prevent inflation of land prices. I assure you that the laws of supply and demand will dictate the inflation rate of land prices not this "land plan." "P his ran <�uage has no�lace in a professional and formal document. LUP -59 Provide appropriate buffering, landscaping and other development standards for industrial areas. Goal LUG -12 A variety of strategically located light industry areas should be designated and protected. W11AT DOES THiS MEAN? }IOW WILL WE CET A "VARiETN PROTEC LTA) E'ROM NVIIOM OR WHAT? City of Spokane Valley Comprehensive Plan Public Hearing Draft Policies LUP -60 r " , w„ :Ref a , " Residential and recreational uses shall be limited or not allowed in areas designated for light industry eoi�afflefeial and t ..., ,ri, H - * to-4 th ,a, st -ial a.to the extent that they are not compatible with the light industrial uses. LUP -61 A planned Hight industry areas sIa-t-1 }- include sidewalks, bike lanes and landscaping to provide a safe and attractive working environment. (Remember this is the same planner that was concerned about price inflation under LUP 58 and they want to add all of this expense to the infrastructure! From: Grant Person Page 1 of 1 [Print] [Q.QSA Fr " < erson @naiblack.com> Subject: Spokane Valley Date: Tuesday, December 22, 2009 9:03:32 AM Dean, • I'm very pleased to see you in leadership of the City of Spokane Valley. The new zoning code is much more restrictive and increases construction /development costs. This increases the time required to secure a permit, forces rents to be artificially higher, and discourages growth of our community. The zoning code in place at the time of Valley incorporation certainly was not a perfect set of regulations to work from, but was far superior to what's in place today. I would encourage the city council to seriously consider returning to the Land Use Regulatio originally inherited by Spokane County. Best regards, J. Grant Person NAf Black 107 S. Howard, Suite 500 Spokane, WA 99201 Phone: (509) 622 -3575 Fax: (509) 622 -3578 E -mail: gperson@ aiblack,.cgm. Please review the Washington State Law of Agency Pamphlet to know your rights in relationships with real estate brokers and agents by using the following link: http /Ina_ibl�ck...com. /_Porta.ls /123 /does /Law.._of._ReaI Estate.._Agency..._pdf Tv/, i /. xm ,/aRZ')7aFannnspr ')nnnnnC,FRa9.)91 RR65R69130... 12/23/2009 From: Jim Bonuccel; Page 1 of 1 [Rd...Ro [.Close] From: "Jim Bonuccelli" <jimb @vs - realty.com> To:. Cc: "Ron Sahnow" <ron @pancocon.com >, "Dwight Hume" <dhume @spokane - landuse.com> Subject: Retail Use In An Industrial Zone Date: Thursday, December 3, 2009 10:30:05 AM Re: Trent Center 6206 E. Trent Avenue Spokane Valley, Washington 99 Dean Grafos Grafos Investment, Inc. 16120 E. Sprague Avenue Spokane Valley, Washington 99037 Dean: The referenced commercial property located at 6206 E. Trent Avenue, in the Spokane Valley, was originally built for retail / wholesale of building materials, and occupied by Diamond Lumber Company for many years. Subject property has been occupied by multiple tenants since Diamond Lumber Company vacated the site, with uses ranging from fabrication, warehouse distribution, to office and retail sales. Attached is a "Lease Flyer" on the property, and a copy of a Letter Of Intent to lease Building #1 on the site to Classic Vision Enterprises, Inc. dba Volunteers of America. The Lease was contingent upon Volunteers of America operating a Retail Thrift Store in the building. Craig Soehren, the realtor representing the Lessee, visited the City of Spokane Valley and inquired if the use would be acceptable, given the property zoning of Light Industrial, 1 -1. Mr. Soehren was advised that said use was not acceptable. Ron Sahnow, property owner, hired Dwight Hume to represent the Lessor and make further inquiries with staff at City of Spokane Valley, about reaching a compromise in order to allow Volunteers of America to occupy the site. Basically the city staff held firm on their position that the zoning matrix did not allow for retail use in Light Industrial 1 -1 zone. I asked staff if the site would be grandfathered in retail use, but was informed that once the site is vacant for a twelve (12) month period, said grandfather clause goes away. In this case, not only did the property owner lose a good tenant and the rental income, but the City of Spokane Valley also lost potential tax revenue. Both the City of Spokane and Spokane County allow retail use in an Industrial Zone. My position is that the City of Spokane Valley, should likewise, allow said use. Jim Bonuccelli Village Square Realty, Inc. 12309 E. Mirabeau Parkway, Suite 2 P.O. Box 141449 Spokane, Washington 99214 -1449 Phone No. (509) 924 -9730 Fax No. (509) 924 -9734 E -Mail: jmb.at7vs- realty com. Attachment 1: FI_ yer6206eTrent# 1_-_# 2- #4(K &H_1.0- _1_- .0..9).,.p.d..f (application /pdf) Attachment 2: 6206eTrentLOI Volunteers of_America_..pdf (application /pdf) i�nIT) n cn(! n ^P-T- Tn/10 0701 7, ) 4Rn tl /70nnq M LE & HAGOOD COMPANY August 13, 2009 Mr. Mark Lucas Kiemle & Hagood Company 601 W. Main Suite 400 Spokane, WA 99201 RE: 6206 E. Trent Dear Mark, Kiemle & Hagood Co. has been retained by Classic Visions Enterprises, Inc. to assist them in their search for space in Spokane. They have selected the location at the above address as one possible site that could suit their needs. The following Letter of Intent will outline the requirements and business points we ask that you forward for your clients consideration. Premises: Approximately 21,217 square feet of the building Term: 3 years. Occupancy Date: Upon delivery of the premises subsequent to the completion of Landlords Work. Base Rent and NNN expense payments to commence 90 days after occupancy. The parties shall execute a letter agreement documenting the occupancy date and subsequent date for rental payments to commence. The Tenant shall be allowed to access the premises during the period of Landlords Work to begin their setup of the premises. Option to Renew: Two (2) five year options to renew. Rent during the option terms to increase 3% annually on the anniversary date. Notice shall be provided 120 days prior to the end of the initial term and first option term to exercise the option. Base Rental: Year 1 $ 8,200 /month (3 months free per above) Year 2 $ 8,446 /month ' KIEMLE & x awr�s� � �. y�"` . *,} "� ' t 4 �'�"� ��, �� 'k�" a rk$ " "� �` f r` � *3c �s� �'�t , � � l�'4��"x �„� �,+ ��"• HAGOOD - ---- - C O M P A N Y OFFI CE/WAREHO USE/YARD FOR LEASE 6206 E. TRENT AVENUE, BUILDINGS 1, 2 & 4 SPOKANE VALLEY, WA 99212 , r try > fi` i sa> Common use dock 4. ��. ifWl' %` -� �"y '� � i � '. m' OFD `� 1 k •N' ; -, "11f View'of Build� R #2 LOCATION: Located one block east of Fancher Road, in the City of Spokane Valley. This property has excellent arterial exposure with approximately 23,500 cars /day on Trent Avenue. An ideal industrial /retail location, minutes from the 1 -90 freeway. The site was previously occupied by BMC West Building Materials Center, with Tuff Shed the former tenant in buildings 2 &4. SITE: A portion of a multi- tenanted complex, consisting of ±183,550 SF or ±4.21 acres. A portion of Parcel No. 35123.1205 ZONING: Spokane Valley 1 -1, Light Industrial IMPROVEMENTS: This entire site consists of seven separate buildings totaling ±56,650 SF of which building #'s 1, 2 & 4 are described as follows: Bldg #1 : ±21,217 SF footprint, of which ±8,878 SF of recently remodeled sales/display area and ±2,461 SF once. The balance of ±9,878 SF is heated whse that is insulated with R30 in the ceiling & R19 in the walls. Bldg. #2 : ±18,531 SF footprint, of which ±530 SF is office and sales area. The balance of ±18,001 SF is heated warehouse, including a ±3,500 SF fire rated saw shop /production area. Bldg. #4 : ±1,960 SF footprint storage warehouse covered and enclosed on 3 sides. Beam clearance ±12'9" to ±13'6 ". Yard Area: Fenced yard area as shown on attached Site Plan, ±23,057 SF or±0.53 acres. The entire site is paved and fenced. The property is connected to City of Spokane sewer (per Colleen at City Engineering Services) and City of Spokane water. Common use dock is available. See Site Plan for location. 2008 OPERATING EXPENSES: Estimated at $3,4241mo ($1,830 1mo -Bldg 1 and $1,594 1mo -Bldgs 2 & 4) (±8.60 1SF1mo). LEASE PRICE: $15, 213 /mo/NNN (Bldg. #1 @ 350 /SF/mo/NNN - Whse; 500 1SF1mo17VNN - Sales/Display; 650 /SF/moMNN - Office) (Bldg #2 @ 300 /SF/mo/NNN - Whse; 600 /SF/mo/NNN - Office) (Bldg #4 with respective Yard Area included.) (Please See Attached Floor Plans, Site Plan and Aerial) CONTACT: TRACY LUCAS, CCIM / MARK LUCAS, SIOR JIM BONUCCELLI /ROB AMSDEN KIEMLE & HAGOOD COMPANY VILLAGE SQUARE REALTY (509) 755-75581(509) 755 -7524 (509) 924 -9730 (509) 755 -7538 FAX/ (509) 755 -7570 Fax (509) 924 -9734 Fax All information herein is fumished by the owner and believed to be complete and correct. The Agent, however, cannot be responsible for changes, errors, omissions or withdrawals of this offering without notice. The above information is from sources deemed reliable but should be verified by parties that could be adversely affected by any statements or information. This is not an offering of subagency, with commission splits to be determined. 0912W94p J:IarokersV-ucas DocslFlyerslTrent E 6206, Bldgs 1 2 & 4.doc 601 West Main Avenue Spokane, WA 49201 509 838 -6541 CLARK PACIFIC REAL ESTATE COMPANY January 4, 2010 Dean Grafos City of Spokane Valley City Council Member 16120 E. Sprague Avenue Spokane Valley, WA 99037 RE: NEC of Bowdish & Sprague, Spokane, WA Dear Dean, I am writing to you in regards to the above mentioned property and the Sprague - Appleway revitalization plan. I went to the City of Spokane Valley last year when I purchased the house north and adjacent to the Shamrock Pawn building that I owned. The house was zoned commercial already, so I was going to put a bank on the combined lots. I expressed my concerns about zoning changes to some City Council members and the planning staff, both in person and in writing. The response I received from the staff was to "hurry up and get your approvals" for the bank. The problem with this approach was that if I didn't get the bank, I would have spent a substantial amount of money that I could not recapture. I tried to explain to the above parties that a bank is state or federally chartered and can't just go where you tell them to. I asked them to leave my zoning in place. This of course did not happen. I've now resold the house at a loss and I have placed a convenience store in the existing corner building. I certainly would have liked to have had the bank, but is not allowed under the city's new plan, even though I am on the corner of a signalized intersection. Sincerely, Marshall K. Clark President and Designated Broker Clark Pacific Real Estate Co., Inc. MC /kmm M*r of L Intsnuttlono'Council Commercial Sales and Leasing �\ of Shopping CSnten 2320 N. Atlantic, Suite 100 • Spokane, WA 99205 • (509) 325 -3333 • Fax (509) 325 -4534 • email: clark@clarkpacific.net www.clarkpacific.net PACI FIC I ( January 7, 2010 Dean Grafos City of Spokane Valley City Council Member 16120 E. Sprague Avenue Spokane Valley, WA 99037 RE: 11615 & 11617 E. Trent Avenue, Spokane Valley, WA Dear Mr. Grafos, The above site is currently listed for sale by the property owner. It has actually been listed for sale for the last two and a half years. I have had two purchasers that both lost interest after speaking with the City of Spokane wanted to do zoning. One purchaser wanted to do T ractor Sales and the other Car Sales and Auto Repair. Both wanted to construct a new building on the site. This property was a contractor landscaping yard use previously, but the City of Spokane Valley, without notice to the property owner, changed the zoning from B -3 to a Mixed Use Center District, which is a lighter zoning and now precludes Auto RepairNehicle Sales and New Tractor Sales, Service and a contractor yard. Now the zoning is basically fixed for office, not the uses historically allowed. I can tell you there is NO demand for office space on Trent! Therefore, as you might expect, this property just sits unused and unable to be sold. It is very unfortunate that the City of Spokane Valley chose to do this to its own citizens. It certainly has caused a good deal of harm to this property owner.who is now in financial hardship because he is unable to sell his property. I hope that the new City Counsel will see fit to correct this injustice and restore the previous zoning. Sincerely, �J , , ;4 Marshall K. Clark President and Designated Broker Clark Pacific Real Estate Co., Inc.. MC /kmm � ii � t' 9 .:l i7 ,.. , c ... ,.. ......... ._._.__..__ �y � v 1 tt zY rtx = .........,... / r, ^� 3..''- ::w,�f. WA 99 U5 P RiNGGRPORATION December 30, 2009 City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear City of Spokane Valley Council Member: At this time Pring Corporation is requesting that all permitted uses under the prior zoning designations be reestablished and available to owners of parcels in the City of Spokane Valley Center District Zone. On April 21, 2009, Bradley T. Pring, President of Pring Corporation Submitted a letter to Mayor Munson with copies going to all council members and the Deputy Mayor regarding the Sprague /Appleway Revitalization Plan. In it he stated our concerns regarding the "Regulatory Restrictions on the Entire City Center District Zone ". He further described the action as a "Regulatory Taking ". In other words it is being regulated to such a degree that many economically viable uses are no longer available to the owners. The prior zoning allowed land owners to work with company's that would bring economic vitality back to Spokane Valley. Currently those options are limited at best. I have attached a copy of the aforementioned letter for your review. Sincerely, PRING CORPORATION , e4 Kirk M. Owsley General Manager Attachment cc: Brenda Grassel Dean Grafos Rose Dempsey Gary Schimmels Bob McCaslin Bill Gothmann Tom Towey 15404 E, Springfield Avenue / SPOKANE VALLEY, WA 99037 -0457 / (509) 921 -8880 FAX (509) 928 -5435 Real Estate Development Commercial Loans Investments Mayor Munson City of Spokane Valley Page 2 The regulation goes on further to provide "REGULATORY RESTRICTIONS" on the entire City Center District Zone to the extent it rohibits development on other p roperties. in the City Center District Zone for an undetermined time. Pring Corporation owns' substantial properties surrounding this area, which regulatory restrictions, in our. opinion, may be an appropriation or diminution of private property rights by a governmental regulation that exceeds the government's legitimate police power. Such an action may be interpreted to be_a "REGULATORY TAKING" under Federal and Washington State law. Should such a restriction be implemented by the City, we may be required to take whatever action necessary, including legal action, to protect our interest in our property and to assure our property rights and expectations for our property are protected. We have other objections to many other provisions in the Draft, and we are generally against the provisions thereof. In summary, we oppose the City Council Draft as written, and trust based on the above, you can understand our concerns. Very truly yours, Pring Corporation. J4 � Bradley . Zg President cc: Deputy Mayor Dick Denenny Council member Rose Dempsey Council member .Bill Gothmann Council member Gary Schimmels Council member Steve Taylor Council member Diana Wilhite Reply Reply to all _-, Forward ''� `/C Close Help From: Shawn McGuire [ shawn .mcguire.gj31 @statefarm.com] Sent: Tue 1/26/2010 12:53 PM To: Dean Grafos Cc: Shawn McGuire Subject: Congrats Attachments: Hi Dean, Congratulations on your new seat on the City Council. That election gave me about as much hope for change as did the recent Scott Brown Senate victory in Mass! A couple of things that have been on my mind for some time now concerning the City of Spokane Valley: - Our bum situation in Spokane Valley is out of control. The summer months are littered with beggars on every major intersection and we have even seen them living in tent cities in the bushes at the I -90 and Sullivan intersection. Why they can't be moved along or an ordinance against such activities can't be passed is beyond me. I was told by one of the older city council members that this right to beg is protected by the 1 amendment ...... what? How about just mowing down the tall vegetation on the Sullivan clover leaf so they can't hide in their tent cities? - A couple of years ago I had a drunk come into the agency and hassle one of my staff and tear up a bunch of literature before he said "I'm so angry today that I could shoot someone." We called the police, they came out, chased the guy down, hauled him off the bus he just got onto and then let him go once they found that he had no weapon on him. He was really drunk and when I asked them why they didn't make an arrest, they told me that there is no law on the books for Spokane Valley against public intoxication and that sense he had no weapon on him, the threat wasn't serious. Let's give the police the laws they need to run these vagrants out of the city for good. Last fall I was starting my car and I was watching the police talk to an obvious drunk on a ten speed behind what will be the Rite Aid on Sprague and Pines. They left him there staggering back and forth next to his ten speed and as soon as they proceeded down the alley to the West, he urinated right on the spot with all the traffic going by on Sprague. Nice- - The Appleway mess needs to be resolved once and for all by the Council. Businesses are hesitant to locate themselves along this corridor for lack of conviction on the Council's part to make a permanent statement. This needs to be addressed immediately so that we can see the business growth in the area that we would expect. - The permit and inspection department has developed a nasty reputation for being a nightmare to deal with. I have tons of clients in the trades at all levels and they all say the same thing, "The Valley is the worst department that we deal with bar none." They need a serious change of attitude and a refresher course on dealing with the public. A statement of who is responsible for their paychecks would be a great thing to post in their offices. They treat people like second class citizens - That's enough for one email! Congrats again. I look forward to your years in the contracting business Reply P. Reply to all ` Forward 1- Close ? Help From: Andrew Hovren [ahovren @yahoo.com] Sent: Mon 2/1/2010 1:56 PM To: Brenda Grassel; Dean Grafos Cc: Subject: Building Permits and Inspections Attachments Brenda and Dean - as a resident of this city and someone who works for a company that sells building materials to contractors I would really like to see something done about the building permit process and the inspection process. I have heard from numerous contractors that the City of Spokane Valley is one of the worst cities that they have ever had to deal with. I am not sure thats something this city wants to be known for. I think it would be in this cities best interest to have new construction going on to increase the tax base. I am not in favor of having a ton of houses 6 inches apart from each other but when a company wants to put up a new hotel or apartment building it shouldn't take an act of God to get it built. Thanks for your consideration, Andrew Hovren a CORNERSTONE PROPERTY ADVISORS, LLC February 5, 2010 Mr. Dean Grafos 1707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 RE: Proposed use (Hite Crane) for property located at 7102 & 7202 E. Sprague Avenue, City of Spokane Valley. Current Zoning is GCA (Gateway Commercial Avenue). As a property owner and Real Estate Broker I feel compelled to express my frustration over the current GVA Zoning designation for property located at 7102 & 7202 E. Sprague Avenue in the City of Spokane Valley. An opportunity is being missed by the community to have the subject property redeveloped in a manner consistent or better than other properties within the immediate area. Hite Crane has expressed interest to purchase property located at 7102 & 7202 E. Sprague Avenue. Hite Crane would operate their equipment rental business on this property. Hite Cranes would need to build a new 3,000 SF Equipment Leasing office and a 5,000 square foot storage/shop facility to maintain their equipment rented to customers. Hite Crane leases large and small lifting equipment for construction projects to those in the construction trade. They are in the equipment leasing business and not a manufacturing business. Hite Crane's use of the property would seem appropriate a general Commercial Zone. Presently there are other equipment leasing businesses on Sprague Avenue corridor such as A to Z Equipment Rental and United Rentals to name a few. Given Hite Cranes interest in this property t have reviewed the GCA Zoning and have found nothing specific that would prohibit equipment leasing as an accepted use on a GCA Zoned property. Therefore, I have contacted the Spokane Valley Planning department for an interpretation of the GCA zoning for Hite Crane's intended use in the GCA Zone. Lode Barlow at the Community Development Department acknowledged there was no specific exclusion or permission for equipment leasing in the GCA Zone. However, she expressed it was hers and others opinion within the department that Hite Crane's use is not consistent with the intent of the GCA Zoning. Therefore, Hite Crane would not be permitted to operate at this particular location. I believe Hite Crane's use would have been acceptable under previous General Commercial Avenue Zoning. However, the arbitrary nature of and the process under which an interpretation of use is determined seems to have exerted the personal choice of a few rather than what may have been in the best interest of the community as a whole. 1015 North Calispel Street I Suite A I Spokane, WA 99201 ( Ph 509.321.2000 1 Fax 509.321.2001 www.cornerstonepropertyadv.com Y • Page 2 February 5, 2010 Dean, this is an example of a development and use that will not happen under the present GCA Zoning designation. I am sure there are many examples of positive development being constrained by the recently enacted GCA Zoning. This area of the Sprague and Appleway couplet could benefit from Hite Crane's intended redevelopment and use of the subject property. I would appreciate any advice you might have regarding how I might obtain the approval of the Spokane Valley building department's approval for Hite Crane to purchase and redevelop the property located at 7102 and 7202 E. Sprague Avenue. Sincerely, .J. Guy D. Byrd Comerstone Property Advisors Owner/Broker Niaiam ijuAwu iiiG iai of Spokane Valley, has been heduled for Wednesday, ,-eb. 10, beginning at 6:30 p.m. at CenterPlace, 2426 N. Discovery Place. While the seminar is geared toward elected officials and planners, interested citizens are welcome as well. Correction Last week's News Herald included an editorial cartoon dealing with the debate over the Sprague /Appleway Revi- talization Plan. The cartoon indicated that Auto Row, the collection of auto dealerships along the corridor, is one of several organizations to en- dorse the SARP along with the Greater Spokane Valley Chamber of Commerce and the Spokane Valley Business Association. While Auto Row has supported the section of the SARP that would revital- ize the corridor in the area around the dealerships, the group has not endorsed other aspects of the. plan including • return to two -way traffic and • dedicated city center in the U -City area. Auto Row is also not af- filiated with the SVBA or 4he chamber in any official rec ommendation of the SARP. The News Herald regrets the error. Titans in tune The University High School marching band set an energetic tone Clark recently. The University boys and girls basketball teams will uy tournament starting the week of Feb. 15. # Printed voters pam By MIKE HUFFMAN Managing Editor Print - at least in the form of a. voters pamphlet - is dead at Spokane County. But if a west side state senator has his way, all counties would be forced to bring the mailing back to life. The only problem, accord- ing to Spokane County Auditor Vicky Dalton, is that there's no money, or personnel; to do the work anymore. "Besides the cost of the pam- phlet and mailing it, there's no longer enough staff to perform ; this function," Dalton told county ' commissioners on Tuesday. , Dalton said Senate Bill 6797, which received its first reading "It's definitely an unf i in Olympia on Tuesday, would make the printing and mailing of voters pamphlets mandatory, with the cost borne by the affected counties and the jurisdictions Meet focuses on By CRAIG HOWARD News Editor Spokane Valley residents Gregg and Wanda Termer have nothing but good things to say about the off -leash dog park lo- cated some 20 miles to the east of their home in the Ponderosa area. It's just that it's a little far away.. The Tenners' dog, Gracie, a Labrador /hound mix adopted from the Spokane County Re- gional Animal Protection Service shelter last summer, also ap- preciates the 3.5 -acre greenspace set aside for canines just outside Liberty Lake, but still enjoys her daily walks. through a 17.7 -acre field not far from the Tenner's home on 44 Avenue. Last week, a meeting was held to try and find a compromise. Over the past several weeks, the Tenners have been in discus- sions with Mike Stone; Spokane Valley Parks and Recreation di- rector, in an effort to generate in- A 3.5 -acre space near the Wash Spokane County's only off -leash d derway to establish a similar site in 20 residents met with Spokane Val at CenterPlace to discuss the proje ,��I�INbllq, :Y $5,400,000 $ 500,000 $ 810,000 $5,800,000 You may have noticed a lot of activity at the project site. over the past few months. We're on track toward meeting our goals of improving water quality and the environment in Spokane County with the new Spokane County Regional Water - Reclamation Facility. By the numbers: . • By the end of December 2009 we will have reached our first safety milestone of 100,000 man -hours without a recordable injury. This represents 25% of the total project man- hours. • We will have installed.400. tons of reinforcing steel by the end of 2009. This represents 50% of the total project. We will have poured 4,100 cubic yards of concrete by the end of this year. This represents 50% of the total project. • Underground. yard pipe will commence in November of this year.:We have a total of 5 miles of underground pipe, of which several thousand feet will be installed by the end of 2009. • Earthwork is substantially complete. During the past few months, a total of 35,000 cubic yards of soil was moved. a t 0 CH2MHILL Fal �1 Washington State Public Works Board For more information: Spokane County Attention: Dave Moss 1004 N. Freya St. Spokane, WA 99202 Phone: 509.568.0971 Email: dmoss @spokanecounty.org webcam: For up -to- the - minute views of construction progress, check out our project website at: http: // projects .ch2m.com /SpokaneCounty /# N * Iss ue�No -- S ' ` w:. 1 <r l Spokane County Regional Water Reclamation Facility Innovative design. Quality construction. Efficient operation. Aeration Basin Foundation Slab and Walls Design and construction activities are underway for this important facility. It will significantly improve the County's wastewater treatment capabilities, meet future population growth, and meet septic tank elimination goals; while improving water quality and the environment by reducing phosphorous and other nutrient discharges to the Spokane River. The project is split up into six design packages to improve the schedule and allow construction throughout the winter. They are: • Clearing and Grading— Design Complete, Permitted, and Construction Substantially Complete • Anaerobic Digesters Foundations — Design Complete, Permitted, and Construction Underway • Aeration Basin Foundations — Design Complete, Permitted, and Construction Underway • Water Resource Center and Treatment Operations Facility — Design Complete, Permitted, and Construction Underway • Deep Excavation Yard Piping — Design Complete and Under Review by City of Spokane Building Department • Remaining Structures — Regional Water Reclamation Facility— Design on Schedule, Construction to begin January 2010 Completed Construction Activities • We have completed the clearing and grading activities. • We have completed the construction of the foundations and lower walls of Anaerobic Digesters #1 and #2. • We have completed the installation of the under -slab piping and construction of the foundation slab of the Aeration Basin. • We have completed the construction of the Treatment Operations Facility and Water Resource Center foundations. In the next three months, the following construction activities will be taking place: • The construction of the upper walls of Anaerobic Digesters #1 and #2. • The construction of the Aeration Basin walls and Chlorine Contact Channels. • The exterior construction (structural steel, masonry, and roofing) of the Treatment Operations Facility and Water Resource Center. CH2M HILL and Garco Construction, one of our prime subcontractors, are committed not only to environmental improvements, but also economic improvements. We are dedicated to providing economic opportunities for local businesses as part of this project. This November, we will host an Open House for local small, minority -, and women -owned firms to discuss potential bidding opportunities for this project. es G e to Y A7 Aeration iBasin t -- Foundation -30. 1.` , , Slab `_* Spokane River Diss - Oxygen TMDL - The Status I WA State Department of E )gy Page 1 of 4 The Status of the TMDL Current Status November 2, 2009 The extended public comment period for the September 2009 revised version of the draft Spokane River and Lake Spokane Dissolved Oxygen TMDL: Water Quality Improvement Report ended on October 30, 2009. Twenty -five comments were received. October 20, 2009 The comment period for the September 2009 revised version of the draft Spokane River and Lake Spokane Dissolved Oxygen TMDL, Quality Improvement Report was extended 15 days to October 30, 2009. September 15, 2009 The September 2009 revised version of the draft Spokane River and Lake Spokane Dissolved Oxygen TMDL: Water Quality Improvement Report is available for review and comment. September 15 - October 15, 2009. The final Spokane River Modeling Scenarios Report 2009 is now available. (This revised version replaces the one made available on this website on 09114109.) April 21, 2009 Modeling for the revised TMDL is scheduled to begin in May and be completed by June. A revised project schedule and updated scenario table is provided below. A technical report will be developed based on the results of the modeling. • Updated project schedule • Updated draft scenario table December 3, 2008 Draft dissolved oxYgen scenarios currently being considered by Ecology, Idaho DEO, the Spokane Tribe, and EPA for assessment of Lake Spokane dissolved oxygen impacts November 21, 2008 Memo developed by Ecology describing issues of consideration for pursuing a Use Attainability Analysis (UAA)_and Site Specific Criteria changes In Lake Spokane Letters from the dischargers and Ecology's replies: Andresen Wayne - ECTS 7272 - INSYSTEM IEP Letter 11/17/08 Stakeholder Modeling Letter10 /09/08 Spokane River WQ Modeling for TMDL NPDES Processes November 10, 2008 The Environmental Protection Agency (EPA), working with Ecology, the Idaho Department of Environmental Quality (IDEQ), and the Spokane Tribe of Indians, developed a work plan and schedule to run additional modeling scenarios on the Spokane River. The modeling will determine the impact on dissolved oxygen in Long Lake from point and nonpoint sources as well as dams, Modeling results will be used to complete Washington State's dissolved oxygen TMDL and NPDES http: / /www.ecy.wa. gov/ programs /wq /tmdl/ spokaneriver /dissolved_Oxygenlstatus.html 2/5/2010 Spokane River DO TMDL home > The Status Spokane River Dis °d Oxygen TMDL - The Status I WA State Department of Er ' - )gy Page 2 of 4 permits in both Washington and Idaho. The following documents include the work plan, work plan schedule, and a letter from Ecology to EPA concerning interpretation of dissolved oxygen water quality standards at Long Lake. The following documents are available in Adobe Acrobat (.PDF file) format. To view and /or print PDF Files, you first will need to download and install Adobe Acrobat Reader • Spokane TMDL NPDES Workplan • Spokane TMDL NPDES Schedule • Standards Clarification Letter to EPA September 26, 2008 EPA's written statement for why they reversed course on the TMDL September 8, 2008 The latest draft TMDL is on hold. EPA announced that their interpretation of Washington State water quality standards for dissolved oxygen, which established the baseline for phosphorus allocations to Washington dischargers, was in error. The two agencies will meet in the coming weeks to determine an appropriate path forward to Issue the TMDL and discharger permits. May 20, 2008 As a result of the concerns and issues raised by the comments, Ecology modified the report and provided an additional 30 -day public comment period on the revised draft. The comment period ran from May 20 - June 24, 2008. Ecology considered all comments, but focused on those that addressed the following changes: Topic Changes in current Revision Avista Dams Additional language to describe the 401 certification requirements for the hydroelectric dams on pages 4 and 5, Spokane Tribe of Spokane Tribe water quality standards are recognized and discussed Indians Water Quality on pages 7, 10, and 33 through 34. Standards Modeling New language and updates to Table 3 on page 15 to describe how net groundwater phosphorus values are derived for Lake Spokane and the Spokane River. Additional bullets to describe modeling runs for ammonia in 2007 and the use of corrected flows for Hangman Creek on page 19. Implementation A new table (Table 8) and additional language to describe the Timeframe for TMDL, schedule sequence for the TMDL, NPDES permits, and associated Permits and Ten Year target pursuit actions and wasteload allocations on pages 46 and 47. Assessment Language has been added on page 35 to clarify that to the extent the Foundational Concepts document suggested no enforceable limits during the first ten years, the NPDES permits will contain enforceable limits in their ten -year compliance schedules. Language has been added to page 48 to specify how final wasteload allocations may change (but still be protective of water quality) based on data collected in advance of the ten -year assessment. Language has also been added on pages 48 and 50 to clarify that monitoring will be conducted on a biennial basis and will be assessed in advance of ten years in order to determine compliance with the http://www.ecy.wa.gov/programs/wq/tmdl/spokaneriver/dissolved _ oxygen/status.html 2/5/2010 Spokane River Diss -` Oxygen TMDL - The Status I WA State Department of E �gy Page 3 of 4 Background Ecology began working on a Dissolved Oxygen Water Quality Improvement Project (TMDL) in 1998. In the fall of 2000, Ecology contracted with the U.S. Army Corps of Engineers ( USACE) to apply the CE- QUAL -W2 model to the Spokane River and Lake Spokane system. The USACE collaborated with Portland State University. A report (Cusimano, 2004) on the water quality study and modeling effort was completed in 2004 (see Technical Information page for a link to the report). In October 2004, Ecology released a draft TMDL for public comment. Prior to the release, entities that discharge to the Spokane River (the Dischargers) developed a Use Attainability Analysis and http: / /www. ecy.wa. gov/ programs /wq /tmdl /spokancriver /dissolved_ oxygen/status.html 2/5/2010 NPDES permits and whether dissolved oxygen is being improved in Lake Spokane for the ten -year assessment. Load and Wasteload Revised wasteload allocations for Table 5 on page 29. Ammonia Allocations values have also been revised following the 2007 modeling (see fourth bullet above). The 10 pg /L target remains in the Managed Implementation Plan per the Foundational Concepts and as described with new language on page 46. An equation to convert concentrations to Ibs /day on page 30 In place of Table 6 in the previous draft (tables are re- numbered after 5). The Ibs /day wasteload allocations are provided in Table 9 In the Managed Implementation Plan on page 49, based on the 10 pg /L concentration, Language Changes Clarifying language to describe the water quality standards on pages 9 through 11. Additional language and a graph (Figure 5) have been added to describe loading capacity In Lake Spokane on pages 24 through 26. Additional language to clarify that nonpoint source reductions can be made to the mainstem of the Spokane River or the tributaries on pages 27 and 40. The language describes how only tributary nonpoint loads are identified and assigned load allocations but that the Dischargers can and should pursue actions to reduce nonpoint pollution to the mainstem in order to improve dissolved oxygen in Lake Spokane. Additional language to clarify the interim , technology- based, and final wasteload allocations (page 39) and the activities of the ten year assessment (pages 49 -51) in the Managed Implementation Plan. Additional bullet points in the Reasonable Assurances section on pages 31 through 34 including the Coeur d' Alene Lake Management Plan, the Liberty phosphorus fertilizer no -use policy, and the Spokane County phosphate dishwasher detergent ban. Groundwater monitoring has been added as an activity to the Managed Implementation Plan on page 51. New Sections New section on stormwater discharges on pages 42 through 44, A responsiveness summary is included as Appendix G which describes Ecology's approach to issues such as background water quality, implementation timeframe, and other issues in more detail. A November 2004 modelers agreement has been added as Appendix H. Background Ecology began working on a Dissolved Oxygen Water Quality Improvement Project (TMDL) in 1998. In the fall of 2000, Ecology contracted with the U.S. Army Corps of Engineers ( USACE) to apply the CE- QUAL -W2 model to the Spokane River and Lake Spokane system. The USACE collaborated with Portland State University. A report (Cusimano, 2004) on the water quality study and modeling effort was completed in 2004 (see Technical Information page for a link to the report). In October 2004, Ecology released a draft TMDL for public comment. Prior to the release, entities that discharge to the Spokane River (the Dischargers) developed a Use Attainability Analysis and http: / /www. ecy.wa. gov/ programs /wq /tmdl /spokancriver /dissolved_ oxygen/status.html 2/5/2010 Spokane River Dis ed Oxygen TMDL - The Status I WA State Department of E- ' - )gy Page 4 of 4 submitted a petition for rule making to revise the dissolved oxygen water quality criteria for the Spokane River and Lake Spokane. Shortly thereafter, Ecology and the Dischargers agreed to withdraw the petition, put the draft TMDL on hold and develop an implementation plan for the TMDL. This led to the creation of the Spokane River TMDL Collaboration (Collaboration). The Collaboration included Ecology, the Dischargers, local governments, Idaho Department of Environmental Quality (IDEQ), the U.S. Environmental Protection Agency (EPA), the Spokane Tribe of Indians, environmental groups, and power companies. The Collaboration developed the Foundational Concepts for the Spokane River TMDL Managed Implementation Plan, The Collaboration agreed that the TMDL's Managed Implementation Plan will be consistent with the principles described in the Foundational Concepts. The agreement was formalized through a Memorandum of Agreement signed on March 7, 2007, During 2007, Ecology worked with Portland State University to run some additional model scenarios to incorporate modifications to the modeling approach as a result of the Collaboration. The dissolved oxygen TMDL has been revised to reflect the Foundational Concepts and the new modeling. The draft report, Spokane River and Lake Spokane Dissolved Oxygen Total Maximum Daily Load, Water Quality Improvement Report was distributed for a 45 -day public comment period in September 2007. Ecology appreciates the effort made by all the individuals and organizations that provided comments to address the critical issues in the previous draft plan. Use this link to get an electronic copy of the revised draft. Please direct any questions or comments to: David Moore Water Quality Program - Eastern Regional Office Washington State Department of Ecology 4601 N. Monroe Street Spokane, WA 99205 -1295 Phone: (509) 329 -3514 Email: dmoo461(decy.wa.00v Back to top of page Last updated November 2009 Copyright © Washington State Department of Ecology. See http:/ /www.ecy.wa.gov /copyright.html. http://www.ecy.wa.gov/programs/wq/tmdl/spokaneriver/dissolved oxygen/status.html 2/5/2010 West Farms Sanitary Sewer Project Begin Construction: April Sanson '> Crow ° Queen Olympic > w Lycapiia West Farms r N Broad a Wellesley ` � ry }. � p �?rw c Heroy Upland o ° `_> Longfellow _ m� o Rich w Rich U °o Rich Rich Trent _ Myrtle Point Conservatio B On o o w Rockwell c ¢ E B Off D m w m Lacrosse _ Industrial Park A Kiernan Indusina7Pa'Tc B h d \ Po� Miscellaneous South Green Acres Glass `. �„�'' o tp -o J c � �OSt�tPa7k� Sanitary Sewer Project 8rldge rF T _ .tte - / cto(t Sidewalk o Q �� Begin Construction: April M y `" Emp o P \ne Improvements -5 d S a o Begin: June Euclid 0 ° o Mirobeau DIs very aygr °, Qh -,_ TOW" -Ol �V \lkmoOd rick Fairview > > U o �et Fairview Grace s be u Point Park Barker Road Bridge Replacement W I Begin Construction: June 2006 B Bucke e Picket ✓Buckeye 2 u Matt Complete Construction: Winter /Spring 2010 Marietta y ° ' Jackson 0c m Jackson i 9 a Carlisle a o Y Indiana Avenue Extension m F `c = a o o E mina c G r ; Begin Construction: Summer Cen o ° o o (3600' E/O Sullivan to Flora) � m. 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Nora 190 E287 19pa5l Nora 0F2 NO .�— Y c P oad Pool ° Improvements D o' OFF o City of,Spokane Au Begin: June U j m --] valley Mission Park Mission 190E2900N /9 p W291 $ n Maxwell Mission LV Maxwell o ° m o o ON o > > `c = o Sinto c o ° Broadway Avenue Safety Project Sinfo g Sinfo �Q Q Sharp[ = E Sharp a U p �- o 0 0 0 (Pines (SR27) to Park) I90 E291 ON 1 Cronk T o ar o Boone u Boone 5 m � _ Begin Construction: June o- Boone Broadway /Sullivan Concrete Intersection City O� o Desmet s �bsmet m o 9 P /9p Cataldo OFF Cataldo ar Be in Construction: A ril /May Liberty Lake u o o p 3 c Cataldo 1190 1 Broadway >° Mallon o oI T Dea 9 ? 3 > o, Greenacres Park— E2930FF Broadway Fai� rounds Alk Neoa °xJ m 3 Alk Alki o Alk T Alkl iOlive a Olive c m E E o IeY petty Y = o o 6 ° Balfour ParkLL Sprague ITS System Valleywoy o �' g Broadway Ave. Reconstruction C ° �° N ° o rn rn N University to Evergreen Y w ua Nixon o (Moore to Flora) Cotb go`N of m ° ° o p c Main Begin Construction: July Main o Riverside m g y Corbin e `o rn _ T c Rivefide Begin Construction: Mid -Jul Riverside SP o �. ¢ 3 �. o o w Sprague m - r 3 L N I 1st s 1st ~-- ��, —•-- «� - > > r• r• r_ r• r• kt" u II II U 2nd o p m \ 1 Isf o 2� 1st > 2nd a o° ` ai 2nd 3 d m U 190 W285 ON a m Appleway C 3rd a 3rd 2nd 2nd Sprague /Sullivan Concrete Intersection Corbin ■ 4th ` ° 0 3 d 9 ° 4th o o Begin Construction. End of June 4th Sanitary Sewer Project E E o € m 5th - -i ` g 5th 9 0 3 Sprague Ave. Resurfacing -Phase II U 3 g Begin Construction: May �° 0 6th o ° 0 6th m c a O sorya 5th 6th 7th 'E 6th 7th (Evergreen to Sullivan) Begin Construction: August Pond -a 0 0 42nd s 3 6th o c 7th ° a) o m o ° O O ,°, _ 7th Y 8th E Idgecliff —A Park Miscellaneous 8th 46th o 9 th h` 8th �o 8th 5 ' m 9th ° 9th a 2 o `o Sidewalk 9th 9th 10th 9th ° x 10th Y 9th E 10th m 10th - o 9th Not ice: The information shown on this map is compiled ) n 9th o° A— c a 10th ou 10th o \0 th Improvements 6, 11 th The City makes no claims or guarantees about the accuracy or currency- of this map and rll x — ° 11th ° — m' ° -2 m y 0 /h o a p# deros 11th - m` O 12th Begin: June o h Tn confirm accuracy contact the City of Spokane Galley, Wblic \\ nrks Department, (5179) 9?1-1000. ` a m vc 12th ° o ° Z o 0 o Y ° E 12th - ry a ° 13th ° 0 U o U 13th 14th fj, _ _ tt 14th 14th 14th p. �e� ¢� O c t o 3 x 0 14th 14th ° Avalon 15th � n °_ 0 u 14th 2 i o 16th G \OO o o Q oc .:= �Y 5 15th c 3' C9 Q 15th o 15th 16th 15th p _E ~ 16th — o a rn> 17th a u = J1 o 17th N 17th r c 17th S °_' Y ~ 0// 17th 3 E 17th `0 o 3 �c Gs J 18th o o �7 E LL O ? 0 18th 19th o a .E a °o e so m 191 6 h B7 0 > > R Q o P. Z � sa e u m m ,.m� p T 20th 'o 19th S 2 errrrO ° ss 0 1st Y 0 20th o m 20th 21st 21st 0 0 o a 5J ° 21st 22 21st s P, 22ntl d Q E ?1 a c _ - d 2d o t c n 23rd 3 23,o, <. a 23rd a p th o, 23rd 3 3 24th Q u 6pf 23rd O (n a 24th ° 24th 26th 25th �0 25th Q > 25th 5 q� 25th 26th ° 0 26th 3 St 26th N S a — s 28th 291h o <eoow _Z U c271h29th28th 2D8ih Q 0 2 - t;; O a ` p 30th m x w v 3 c Q 0 31st 32nd o 3 1 y o 31st ° a 'n 5 33rd o > o = 33rd 35th 3 4o, 3 Bro ns ParkTerrace View Park /Pool s c9 36th ef o 36th �o C stle Park 37tH 36th c o� 39th `z 38th o� e �° 0� 40th � E0 40th J is Cimmaron 41 st O o D r � � r � � oO C V W 0 a � O v V oQ. V N C M .0 V w d a 7 N N m C A d O CL Q H d � '1 c Ua d1 � +r ° ° 0 Q. V W W � J a O sorya 0 Pond -a 0 0 42nd s h 43rd ZE -0 44th 46th 46th t 48th 47th LLo Holman 48th 44th Avenue Pathway -in Begin Construction: May th o Not ice: The information shown on this map is compiled Ferret Ferret 50t from various sources and is subject to constant revision. The City makes no claims or guarantees about the accuracy or currency- of this map and expressly disclaims liability for errors and omissions in its contents. deros Ge - e Tn confirm accuracy contact the City of Spokane Galley, Wblic \\ nrks Department, (5179) 9?1-1000. D r � � r � � oO C V W 0 a � O v V oQ. V N C M .0 V w d a 7 N N m C A d O CL Q H d � '1 c Ua d1 � +r ° ° 0 Q. V W W � J