2010, 04-13 Regular Meeting MinutesMINUTES
City of Spokane Valley
City Council Regular Meeting
Formal Meeting Format
Tuesday, April 13, 2010
Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting.
Attendance:
City Staff:
Tom Towey, Mayor
Mike Jackson, Acting City Manager
Gary Schimmels, Deputy Mayor
Mike Connelly, City Attorney
Rose Dempsey, Councilmember
Ken Thompson, Finance Director
Bill Gothmann, Councilmember
Mike Stone, Parks & Recreation Director
Dean Grafos, Councilmember
Greg McCormick, Planning Manager
Brenda Grassel, Councilmember
Cary Driskell, Deputy City Attorney
Neil Kersten, Public Works Director
Absent:
Mike Basinger, Senior Planner
Bob McCaslin, Councilmember
Christina Janssen, Assistant Planner
Karen Kendall, Assistant Planner
Mary Kate McGee, Building Official
John Whitehead, Human Resources Manager
Lindsey Skinfill, Human Resources Technician
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: In the absence of a pastor, Jack Dempsey gave the invocation.
PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except
Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed
to excuse Councilmember McCaslin from tonight's meeting.
APPROVAL OF AGENDA: It was moved by Councilmember Gothmann, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE. BOARD, LIAISON SUMMARY REPORTS:
Councilmember Gothmann reported that he attended a SNAP meeting where they again discussed the
kinds of businesses they should be involved with; attended the 89` Annual Business Fair for the Chamber
of Commerce at the Mirabeau; attended the Transportation Improvement Board meeting and briefly
discussed some of the projects and funding and said that June 1 is the call for urban arterial program
grants of about $38 million that cities and towns can apply for; attended the 911 Board meeting and said
they have narrowed the selection down to two radio system contractors, and mentioned they conducted
another alert practice with a variety of success rates on how the 10,000 calls per hour were handled; and
said he watched last week's council meeting on Channel 14 and said he appreciated having that ability
since he missed the last meeting.
Councilmember Dempsey said she attended the Spokane Regional Clean Air Agency where they passed
the regulations concerning nuisance odors; attended the Armed Forces Person of the Year Award
ceremony at the Doubletree Hotel; attended FEMA training sessions in Coeur d'Alene last Friday where
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they emphasized the importance of having a plan for all things because if you have a plan, you will
always have something to fall back on, and she said it was interesting training and she was the only
official from Washington as others were from Idaho.
Councilmember Grafos said he participated in the finance committee meeting held at CenterPlace and
added that the committee had the opportunity to tour the facility, and he complimented Mr. Jackson on
supervising the construction of the project to build the building and that it was brought in under budget;
and that he participated in the joint meeting with the City of Spokane officials where they discussed
regional issues such as transportation and roads and how to pay for them.
Councilmember Grassel said she also attended the Armed Forces Person of the Year Award; attended the
Greenacres Park Meeting where she commented about the idea of a skate park; attended the Greater
Spokane, Inc. event for manufacturers where a presenter spoke about economic facts and that there is not
as much of a recovery as people would like.
Deputy Mayor Schimmels reported he attended the Meals on Wheels meal at CenterPlace a few weeks
ago; attended the Solid Waste Advisory Committee and Liaison Board meeting; went to the Greenacres
Park Meeting and said attendance was good; went to the SRTC (Spokane Regional Transportation
Council) meeting last week; attended a reception for Senator Patty Murray at the Convention Center and a
celebration for receipt of funds which helps the North/South Freeway, and on behalf of Mayor Towey,
attended the meeting with ITA (International Trade Alliance) and Senator Cantwell; and another part of
that day attended the Arbor Day ceremony at CenterPlace.
MAYOR'S REPORT:
Mayor Towey reported that last week he attended the Greenacres Park neighborhood forum and he
congratulated Parks and Recreation Director Stone for his job in scheduling the meeting and for the park
presentation; said he was involved in Arbor Day ceremonies Saturday, and today delivered a presentation
to the Valley Rotary Club. Mayor Towey then read the "Take Our Kids to Work Day" proclamation
which was accepted by Spokane Valley Human Resources Technician Lindsey Skinfill, who expressed
appreciation for the proclamation.
PUBLIC COMMENTS: Mayor Towey invited public comments.
Pat Minnihan, 12421 E Skyview said she is concerned that Spokane Valley wants to turn Broadway from
four to two lanes and said she feels this is a bad idea; she said this Council said they would listen to the
citizens, but she said if this continues, they are not listening; said she attends church on Broadway and has
family who lives off of Broadway and said she is on and off Broadway all the time; she said where
Broadway was changed from four to two lanes from Pines to Sullivan is a disaster; she said you can wait
for 20 to 30 cars before you can turn; and said if it were four lane she'd still be waiting, but instead of
waiting for thirty cars, they would not be single file there would be two lanes; she said she spoke with
Ken who works for this City who stated there were 216 accidents from Pines to Park in approximately
five and a half years and his concern is that people stop on Broadway and they can get rear ended. Ms.
Minnihan said she is sure if researched, the 216 accidents would not all be rear ends as a lot were
intersections; she said, "we don't want two lane traffic, we want four lane traffic." Ms. Minnihan said
another concern of the employee was safety, and Ms. Minnihan said if it is for safety sake, then she
suggests all four lane roads turn into one lane roads; she said it is not wise when the traffic on Broadway
is so much, to go back to prehistoric times; she said the property was taken from the home owners on
Broadway for the greater good of Spokane Valley to turn it into a four -lane road, for "you guys to have
taken their property and now turn it back into a two lane road." She said regarding bicycle lanes, that she
sat at Progress Elementary School the other day for approximately two hours, and counted three bicycles,
two were on the sidewalk and one was in the bike lane; and said the bike lanes are not worth giving up for
another lane of traffic.
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1. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any
member of Council may ask that an item be removed from the Consent Agenda to be considered
separately.
a. Approval of the following claim vouchers:
VOUCHER LIST DATE
W/VOUCHER NUMBERS:
TOTAL AMOUNT
3/16/2010
19789 —19832;305100006,308100005
$632,606.80
3/22/2010
19833
$536.49
3/23/2010
19834 —19850
$124,739.90
3/26/2010
19851 —19859
$39,995.47
3/26/2010
19860 — 19899
$131,117.47
4/01/2010
3113 —3115;3125
$105,070.83
4/02/2010
5006 —5010
$452.00
4/02/2010
19901 —19927;329100019
$145,956.28
GRAND TOTAL
$1,180,475.24
b. Approval of Payroll for Period Ending March 31, 2010: $363,857.08
c. Approval of Minutes of March 9, 2010 Council Meeting
d. Approval of Minutes of March 23, 2010 Council Meeting
e. Approval of Minutes of March 30, 2010 Joint Spokane /Spokane Valley Study Session Meeting
f. Approval of Minutes of March 30, 2010 Study Session Meeting
After Councilmember Grassel received clarification that voucher #19839 for Echo Plan Design for
landscape architecture likely was in connection with Discovery Playground since Echo Design is the
consultant for that project, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed
to approve the consent agenda.
NEW BUSINESS
2. Second Readiniz Proposed Ordinance 10 -006 Adult Entertainment — Cary Driskell
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to approve Ordinance 10 -006, repealing and replacing Spokane Valley Municipal Code 5.10 as
drafted. Deputy City Attorney Driskell explained that other than correcting a few minor typographical
errors, there have been no changes since the first reading; that this ordinance would update our code to
make it more consistent with state and federal law, and that the entire record is on file with the Clerk's
office and is considered part of this ordinance once passed. Mr. Driskell added that he was asked if
Council would consider changing the closing hours to 4:00 a.m. instead of 2:00 a.m., that Council has the
regulatory right to keep it at 2:00 a.m., and said the Courts have upheld that as it has been seen in the past
that when people leave taverns at their 2:00 a.m. closing hour, they would move to the adult facilities, and
said that is a policy choice for council. Mayor Towey invited public comment; no comments were
offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion passed.
3. First Reading Proposed _O_ rdinance 10 -007 Amendiniz Comprehensive Plan — Mike Basinger. Christina
Janssen
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded, to advance Ordinance 10 -007 to a second reading. Planner Basinger provided a brief
overview of the recommendations of the Planning Commission on the amendments; and said as discussed
previously, there are three proposed site - specific map amendments: one privately initiated amendment
and two city- initiated. Assistant Planner Janssen went over the proposed map amendments; that CPA 01-
10 is the only privately initiated comprehensive plan amendment; she said the property is located on the
northeast corner of Broadway Avenue and Park Road and the Planning Commission recommends
approval to change the area from low- density residential to neighborhood commercial; she explained city -
initiated amendment CPA 02 -10 corrects a mapping error, that the property is located on Sullivan Road
just north of the Spokane River, is owned by the Washington State Department of Transportation, and the
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Planning Commission recommendation is to change the parcel's designation from Parks and Open Space
to Heavy Industrial; and City- initiated amendment CPA 03 -10 is also to correct a mapping error, that the
property is located on industrial park and is owned by Crown West Realty, and said the proposal is to
change the designation on the property form community commercial to heavy industrial.
Ms. Basinger reviewed the proposed text amendments, and he referenced ordinance attachment B and
said since there were previously expressed concerns with the proposed policy changes, Mr. Basinger went
over each change. Mr. Basinger explained the following:
CPA 04 -10 amendments to Chapter 2 Land Use
The following policies were recommended by the Planning Commission:
LUP 1.8, 1.9 and 3.3 all pertain to development agreements in conjunction with comprehensive plan
amendments.
LUP 2.7 sets the framework to consider programs to preserve open space lands.
LUP 15.4 emphasizes promoting the community's heritage
LUP 16.4 emphasis connecting services and open space with multi -modal paths
CPA -05 -10 Chapter 3 Transportation
The following policies were recommended by the Planning Commission:
TP -4.5 emphasis reducing vehicle idling by synchronizing traffic signals
TP -5.3 promotes the consideration of grade- separated railroad crossings — and said this is an example of
bridging the valley
TP -5.4 ensures that all uses of the transportation system are considered with new signals, such as
pedestrians, bicyclists and the physically handicapped
TP -6.2 promotes the consideration of using video - conferencing when feasible
TP -7.4 promotes disbursing traffic in commercial districts to reduce congestion on arterials and improve
connectivity
TP -9.8 prioritizes civic destinations as non - motorized routes; and said an example would be Wall Street
in Spokane
TP -9.14 increasing the percent of total miles of bike lanes throughout the city
TP -10.1 through 10.3: were moved from the high capacity transit TG -11 goal, to TG -10 transit goals as
they made more sense to be under transit instead of high capacity goal.
Map updates include map 3.1 to include the federal reclassification of Conklin Street and Indiana
Avenue; map 3.2 to include new bike lanes developed through re- stripping and repaving; map 3.7 is a
new map that identifies future local access streets and adds predictability for developers
CPA 05 -10 Chapter 4 Capital Facilities and Public Services
The following policies were recommended by the Planning Commission:
CFP 4.4, 4.7 and 4.8: support water conservation
CFP 5.3, 5.4 and 5.5: refer to recycling to reduce waste
CFP 6.6 suggests limiting the use of harmful chemicals, which is part of the larger regional effort for
wellhead protection.
CFP 8.4 encourages education programs that result in local employment
CFP 8.5 encourages using school facilities as community centers
Updates were made to growth assumptions under 4.4.2, and table 4.4 to reflect the population allocation
numbers approved by the Board of County Commissioners
Level of Service Table 4.36 reflects public works' six -year and twenty -year service analysis for arterial
intersections
Table 4.38, 4.39 and 4.40 reflect street improvements for the next six years; and he said all of these bring
the Transportation Improvement Program into our Capital Facilities Plan.
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CPA 07 -10 Chapter 7 Economic Development
The following policies were recommended by the Planning Commission:
EDP 2.3 focus economic development resources in specific redevelopment areas
EDP 3.7 promotes opportunities to employ Spokane Valley residents in the City of Spokane Valley
EDP 5.5 encourages local, sustainable practices
EDP 5.6 encourages participation in "buy local" campaigns
EDP 6.3 encourages clean technologies
Updates were made to Map 7.1 to reflect the latest development activity in the city
CPA 08 -10 Chapter 8 Natural Environment
The following policies were recommended by the Planning Commission:
NEFP 9.1 encourages a long -range plan to protect the aquifer
NEP 10.2 considers regulations to reduce impacts to groundwater
NEP 112.9 encourages public acquisition and/or protection of sensitive habitats including shorelines,
wetlands and priority habitat species.
In council discussion, Mayor Towey said most of these are pretty broad statements, and he questioned
whether we should spend time and money to put this in the comprehensive plan when it doesn't mean
anything; as an example, he said when it states "encourage development and participation in a "buy local"
campaign" that we should be doing that anyhow, and he asked why would we put that in the
comprehensive plan, and he said it doesn't make sense to work on these things and spend time and money
on them; and another example "promote opportunities that employ Spokane Valley residents in Spokane
Valley" and said we ought to be doing that anyhow; and he said if it is mandatory to put it in, we should
work toward that goal, but if it is something that is just a suggestion or something that we should be doing
anyhow, he questioned the time and effort it takes staff to go through and formulate these. Mayor Towey
said some of these should be included, but he asked what does the statement "consider grade separated
railroad crossing where appropriate" mean; and said it means to him that we should consider it where
appropriate; but said it doesn't mean anything.
Councilmember Gothmann suggested that if certain statements are included, when staff competes for state
and federal funds, one of the things they ask in the application is, is this in your comp plan; and if you are
asking for grade separation money, maybe it is a good idea to include that as one of our goals; and said
that would naturally not apply to everything, but said Council needs to realize that all this is mandated by
the state and federal. Mayor Towey agreed that if it should be included for future use, then it should be
kept, but said some of it makes no sense. Councilmember Dempsey asked where these proposals came
from, and what persuaded Mr. Basinger to include these goals. Mr. Basinger said when staff looks at
policies for the comprehensive plan, it is not a particular staff member that comes up with the policies, but
that staff observes things regionally through regional meetings where they discuss such things as grade
separated railroad crossings, and staff takes notes and comes back and adds it to a suggestion list for the
docket; then staff does quarterly updates with Council to apprise council of what staff came up with; and
generally council says that sounds like a good idea and we should go forward with that particular policy;
and he said staff will continue to do that with next year's docket and with the quarterly updates that Mr.
McCormick brings forward to Council; but said most are polices we have obtained from the region and
other cities doing planning, and said is it not something staff tries to search for, as they come to staff
throughout the year and staff adds them to a list, and said staff does not spend an enormous amount of
time collecting these policies. Councilmember Grafos said that a lot of these items on here are not
mandated by state or federal law; and gave as an example, "promote opportunities that employ Spokane
Valley residents" and Mr. Basinger agreed that is not a federal law. Councilmember Grafos asked for
confirmation that all these items came from staff, were routed through the Planning Commission and are
now before Council; and Mr. Basinger concurred. City Manager Jackson suggested if council would like
to remove some of these, that they state the ones to remove, and Mr. Basinger can let us know the basis of
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that particular item, and then Council can decide if it wants that removed; or Council can accept these and
as we move forward in the future through the next process, we can discuss in the beginning with Council
so there is some understanding of the types of items to address in the comprehensive plan, and then have
those items move to the Planning Commission; so when they subsequently return to Council, Council will
recognize the items and the basis for those; and said many are connected with potential grant
opportunities, and are to provide direction from the Council and are general policy statements; so when
the opportunity arises and staff refers to the Comprehensive plan, we would know it would be critical, for
example, to seek opportunities to "enhance bicycle and pedestrian facilities" and said staff can entertain
council's suggestions now if desired.
Councilmember Grassel said that she sees whole sections that might be in conflict with the direction or
vision of this council so far as the SARP (Sprague /Appleway Revitalization Plan) is concerned; that there
is a lot of wording geared toward mixed -used development and certain setbacks, and walking
neighborhoods, and said if council puts the SARP for review in November, and Council passes something
like this now, to her it seems to be in conflict as there are whole sections that would be in conflict with
what Council is trying to do nine months from now; and she said for her it would not be just one line item
but perhaps a different ideology of what she is comfortable with; and she asked how does that go with
what Council has asked to review in November.
City Attorney Connelly said we need to separate the Comprehensive Plan changes that are occurring this
spring, which are the 2010 comp plan changes before Council now, from those which will occur next
spring, the 2011 comp plan changes; and said all of the SARP review that requires a comp plan change
will be a part of the planning Commission review, and said that for these, Council is coming in in the
middle of the process; and said Council can either agree or not on each recommendation, but cautioned
Council not to confuse these with next year's bigger discussion on SARP; and suggested Council needs to
look at the changes before Council, that these were part of a process that this Council was mostly not a
part of, and to decide whether to accept these or not; and if there are items which Council feels are
inappropriate or which Council does not agree with, he suggests staff should explain the basis as possible
the basis could be if we don't put this in the comp plan, we don't get the money; or if we are going to
have a certain development code or grant application, we need to have this in our comp plan, and said
Council certainly does not want to take a step that might jeopardize pending funding; and as Mr. Jackson
suggested, Council might want to identify those which are of concern, have staff report as to the basis of
those, and then Council make a decision. Councilmember Grassel asked if Council were to pass these
recommendations, and someone came in for a zoning request which was in conflict with something
suggested in this plan, would that be a problem; and Mr. Connelly said a permit application should not be
inconsistent with anything Council is doing tonight regarding the comp plan; that the comp plan drives
the development of the development code; so if there is something inconsistent in our existing
development code, then a change to that code will be proposed as a companion to this; and he said these
are only map changes and said that there shouldn't be anything in a permit application that will be
impacted by these comp plan changes other than if they are in one of the map areas; and in that case, it
would have to be consistent with the new comp plan and the new zoning code. Councilmember
Gothmann said council could make a list that we would like staff to further report to council. Mayor
Towey said such a list could be drafted and given to staff, and he again stated that a lot of these
suggestions are vague and repetitious of what is in there already. Council concurred with the idea of
submitting a list of concerns to staff. Mayor Towey invited public comment.
Gary Bernardo of Bernardo Architects said he represents Headwater Development regarding CPA 01 -10
the comprehensive map amendment at Broadway and Park; said that those of us who have had experience
in serving government or on planning commissions or land use actions, often find themselves in a
position where we bring to Councils and commissions, projects or zoning amendments that are
adversarial or contentious or create a situation where councilmembers have to decide between the
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developer and the neighborhood; and said it is worth noting tonight that this map amendment CPA 01 -10
doesn't do that, that this is a situation where staff has come together with the applicant and the planning
commission and brings forth to Council an application that everyone can agree on; it is not controversial
but is an application that is entirely consistent with the comprehensive plan and the goals and policies
therein stated; he said he feels this is a text -book example of transitional zoning step -down, where you
transition from an intense zone such as industrial zone, to a less- intense zone which is residential; and this
application puts a neighborhood commercial zone between those two uses, serves as a buffer and provides
needed goods and services to an area that is not presently served; and he said it is also one of those unique
applications that not only makes sense from a planning commission zoning code development and
comprehensive plan development point of view, but also from a business and common sense point of
view; he said they have a private developer who has spent a considerable amount of money to purchase
the land with the vision that this makes good sense for a neighborhood commercial retail center that
provides goods and services to the neighborhood in the immediate area; and asked for Council support of
the previous planning commission's recommendation for approval. There were no further public
comments.
Councilmember Gothmann said his suggestion was made for the text amendments, and said he assumed
those others would stand on their own merits; and that there would be no questions on those; and Mayor
Towey and other councilmembers indicated they only had concerns with the text amendments. Vote by
acclamation on the motion to advance ordinance 10 -007 to a second reading: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried. Mr. Jackson said that the second reading for this
ordinance is set for April 27, so if council sometime next week could provide council's concerns to staff,
staff will be prepared to discuss those items at the April 27 second reading.
4. First Reading Proposed Ordinance 10 -008 Amending Zoning Map — Mike Basinger
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to advance Ordinance 10 -008 to a second reading. Mr. Basinger said these changes modify the
zoning map to ensure consistency with the comp plan map and deals with the three -site specific map
amendments just discussed. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Proposed Resolution 10 -007 Adopting Amended 2010 Transportation Improvement Plan - Steve
Worley
It was moved by Deputy Mayor Schimmels and seconded to approve Resolution No. 10 -007 adopting the
amended 2010 TIP as presented by staff. Public Works Director Kersten, standing in for Engineer
Worley, explained that the 2010 TIP was adopted last year in June and at that time, staff inputted the best
information they had on projects, and some of that has changed, that staff has been before council a few
times going through these; and said there is one change to what was presented to -date; that we received
one more grant project for the Park Road/Burlington Northern Barrier Curb Separation; he explained that
the Washington Utilities Transportation Commission (WUTC) monitors problems on railroads and they
came to staff and recommended this change as there have been concerns of people going through the area
when the arms were down; and WUTC recommended staff apply for this grant; that staff did apply and
received funding so the project is added at the bottom of the list; and said the other projects have been
previously discussed. Mayor Towey invited public comments; no comments were offered.
On an unrelated matter Councilmember Grafos said that last week the snow plow operation was
discussed including the leased facility, and said that Mr. Kersten sent Council an e-mail that there is a
twelve month notice of termination. Mr. Kersten said he thinks he previously told council there was a
three month but that was incorrect. Councilmember Grafos said he just wanted to make sure that
everyone understood that there is a twelve -month and there is no emergency and Council does not have to
act immediately. Mr. Kersten said that Mr. Jackson caught that error for him, and said we have a twelve-
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month notice but they can still sell it at any time and we could lose that facility, that we'd be locked in
there until at least next winter, but then we'd have to get out; and he apologized for that misinformation.
On returning to the current matter and pending motion, Vote by Acclamation to approve Resolution No.
10 -007 adopting the amended 2010 TIP as presented: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
6. Proposed Resolution 10 -008 Setting Street Vacation Public Hearing_(STV 01 -10) — Karen Kendall
It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10 -008 setting May 13,
2010 as the date for a public hearing before the Planning Commission on Street Vacation Application
STV- 01 -10. Assistant Planner Kendall said that this is a citizen - initiated street vacation to vacate a portion
of 16 Avenue which was originally created in the early 1900's under the Woodland Terrace plat; it is
approximately 210 feet in length by 30 feet deep; and that this is located just west of Carnahan and 16
which is the boundary of the city limits; and requested that the incorrect parcel numbers be changed on
the resolution, and said the parcel numbers to be removed are 35233.2713 and 35233.2811; and should be
replaced with 35233.2719 and 35233.2822 respectively. Mayor Towey invited public comment; no
comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:
None. Motion carried.
7. Proposed Amended Fee Resolution 10- 009 Adult Entertainment Appeal Process — Cary Driskell
It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 10 -009 amending the Fee
Resolution concerning Adult Entertainment Appeal Process. Deputy City Attorney Driskell explained that
this is the companion to the ordinance which was approved earlier tonight; that there is an appeal process
outlined in the ordinance and the request is to maintain the current appeal fee and rather then put it in the
ordinance as previously referenced, the fee is placed in the fee resolution which is where we place all City
fees; and that this also adds the appeal of an administrative decision, which was inadvertently removed
from the 2009 fee resolution. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
8. Motion Consideration: Interlocal Agreement, AirwaYHeights — Mike Jackson
It was moved by Deputy Mayor Schimmels and seconded to authorize the Acting City Manager to finalize
and execute the Interlocal Agreement for Building Plan Review with the City of Airway Heights. City
Manager Jackson said that this was discussed a few weeks ago; that the city of Airway Heights
approached the City of Spokane Valley and asked for assistance in plan reviews; that we estimated this
would bring in annual revenues of approximately $22,000 to $30,000 depending on the number of actual
reviews; that Airway Heights estimates Spokane Valley would have about 40 residential reviews and
approximately five commercial reviews annually; that in addressing previous council questions, he
showed comparison of permit and plan review fees for Spokane Valley, Spokane, Spokane County and
Airway Heights; and he explained the various figures, adding that Spokane County does not currently
have a plan review fee but understands they are currently reviewing their fee process; he said the figures
show fluctuation in the fees; and in asking Mr. Tripp why he approached Spokane Valley, Mr. Jackson
reported that Mr. Tripp said he first approached Spokane County but discovered they don't have a plan
review fee making it difficult to work out an agreement; and that Mr. Tripp did not ask the city of
Spokane but simply approached Spokane Valley. Mr. Jackson said in reviewing the top of the chart, we
would charge a plan review fee of $831.72, and 40% of the Airway Heights valuation is what we agreed
to, would be $735.29 which is slightly less than what we charge our own citizens but Airway Heights
would have done a lot of the preliminary work associated with the fee, and would only be bringing us the
plan for our review; and Mr. Jackson said staff is comfortable with that difference. City Manager Jackson
said Mr. Tripp was planning to present this to his council on April 14 based on our council's decision.
Mayor Towey invited public comment; no comments were offered.
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Councilmember Grassel said that should Airway Heights experience a "boom" she noticed the clause
about giving sixty days' notice; and Mr. Jackson confirmed that if this impacts Spokane Valley's ability
to serve its citizens, the termination clause is provided for in the contract. Councilmember Grassel
expressed a concern that she has been hearing from builders in our community that our current timeframe
permit process is longer than other municipalities; and said if we are already taking longer she asked if
that issue has been addressed; and said perhaps there would be a frustration on the part of Airway Heights
if they anticipated a certain timeframe that we could not meet. Mr. Jackson said we should not have any
difficulty in meeting their timeframe, and he invited Building Official MaryKate McGee to address that
issue. Building Official McGee stated that our current timeframe for residential reviews is three to five
working days, which is very consistent with anyone who does reviews; she said we can't compare with
Spokane County as they don't actually do a plan review, and said there are dates provided in the
Interlocal for Airway Heights, and also said it is negotiable and if we are getting behind, it will be
discussed with Airway Heights. Councilmember Dempsey said she is happy to see this and feels this is
good that we can cooperate with our sister city. Mayor Towey said he is encouraged that Airway Heights
came to us for assistance, and feels this is a good proposal. Councilmember Gothmann agreed that this is
a great cooperative effort. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
9. Motion Consideration: Lawsuit Release and Settlement — Mike Connelly
It was moved by Deputy Mayor Schimmels and seconded to approve settlement of this matter, which is a
lawsuit release and settlement, pursuant to the terms and conditions of the release attached, and
authorize the City Manager and /or City Attorney to execute any necessary settlement documents. City
Attorney Connelly said that from time to time we will bring before Council, lawsuits that have been filed
against the City of Spokane Valley or against Spokane Valley employees, and ask Council to consider
approval; that this is a case whereby a lawsuit was filed against the City of Spokane Valley and against
the City Manager, and at one point also against some councilmembers; that the lawsuit has been
negotiated with the parties and a settlement has been reached, and the release is included in the material.
Mayor Towey invited public comment; no comments were offered. Mr. Connelly said the funds for this
particular settlement would be paid pursuant to our agreement with our insurance company. Vote by
Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered.
ADMINISTRATIVE REPORTS
10. Advance A enda
Deputy Mayor Schimmels said he left a message with Mr. Wedlake from Spokane County, and said KC
Traver, and possibly Will Wedlake and Mr. Schimmels will be ready to discuss the issue of solid waste
next Tuesday night. Councilmember Grafos said he would like to put an item on the advance agenda, that
he would like to have the staff research and bring back to the council possible options and possibilities of
providing some directional business signage at the east Sprague exit from Spokane to the Appleway
Couplet; he said as you enter the city from the west there is only one identification sign at the Sprague
Exit, it reads simply "Sprague Avenue;" he said this probably does not mean much to the out of town
traveler or even to a Spokane resident not familiar with the various exists in the Spokane Valley; that he
would like to propose that in addition to the simply "Sprague Avenue" sign that we research adding
"Business District" maybe below that "Auto Row" and maybe below that "University City" with arrows
coming off that exit, and might want to look at the other end the city where we don't have any signage;
and said he would like to see what we can come up with money -wise and if that could be done.
Councilmember Gothmann asked if Mr. Grafos was suggesting on the interstate and on Sprague Avenue.
Councilmember Grafos said yes, on the interstate; that when you are going east, the only thing you see is
"Welcome to Spokane Valley Sprague Avenue." Councilmember Gothmann said in that case, it would be
a Washington State Department of Transportation issue. Councilmember Dempsey asked if this is
Council Regular Meeting 4 -13 -2010 Page 9 of 11
Approved by Council: 04 -27 -2010
something we need to task our staff with; and said she is not sure of the appropriate procedure for such a
request. Mr. Jackson said technically, council can direct those comments and suggestions to the City
Manager, although Mr. Grafos was addressing Mr. Kersten; and Mr. Jackson said that is something staff
will be happy to do. There was no council objection. Deputy Mayor Schimmels asked Mr. Jackson about
the recent conversation we had with Liberty Lake regarding the eastern entrance on Appleway. Mr.
Jackson said he has not heard anything further; there was a discussion a few weeks ago and they are
discussing a potential interlocal agreement to do a study of the interchanges at Barker Road, Greenacres,
and the Harvard Exit in Liberty Lake; and Liberty Lake has asked our city to partner in that regard; and
said Liberty Lake suggested they would be back in touch with us; and they are also suggesting to place
entry signs between Liberty Lake and the City of Spokane Valley, where one side of the sign reads
"Entering Liberty Lake" while the other side would be "Entering Spokane Valley," and that idea has been
discussed for several years now; and at some future date staff will have sign examples and cost estimates
for council discussion; and in response to Councilmember Dempsey's comments, said he will follow up
with Liberty Lake on this issue.
Councilmember Grassel said that regarding the public comments tonight about the Broadway changes,
she asked about the status of project. Mr. Jackson said that has been approved and we are receiving grant
funds for those; and based on tonight's comments, Mr. Kersten will place an informational memorandum
in a future council packet, and will also respond to the citizen's comments; that Council discussed that
issue numerous times and the last time voted to continue with that project. Public Works Director
Kersten added that we waited over a year as council wanted to see the impact of the one -way going to the
three lane over to the east of Pines, and staff came back with some accident data over a couple year
period, which showed quite a bit of improvement; and said staff can put that previous research into an
informational memo; and said we are moving ahead, the project has been authorized, and we are spending
funds for that project. Mayor Towey asked where the money came from, and Mr. Kersten said it is State
Transportation Improvement Board (TIB) funding, the UAP (urban arterial program) Program; and said
that project idea had been around even before our City's incorporation. Councilmember Grassel asked
then if the plan is to start changing all of Broadway from four lanes to two; and Mr. Kersten said it would
be four lanes to three lanes and is scheduled to be done this year with the major work including sidewalks,
ramps, and striping. Deputy Mayor Schimmels said in 2002, the County was going to change that stretch
of road, at least the Pines to Sullivan area, and it involved council even prior to incorporation, and the
project was postponed about three years; and said Council "took a lot of heat for that decision, but the
accident picture; it's just like the couplet, people either like it or they don't like it; so here we are" and he
said he thinks it is a good move and would honor that and did honor that both times. Councilmember
Gothmann also suggested Council could research on the Internet regarding three lanes versus four lanes,
and to examine the accident data and said Council can do their own research as there is a tremendous
amount of research on that topic relative to accident data, and on how many cars it can carry, and the
kinds of accident. Councilmember Grassel suggested for the future, that she noticed a number of times
businesses that are on a corner of a three -lane street, frequently get right -hand or left -hand cars that want
to turn and can't because they are stuck at a stoplight for example; and she said she doesn't know if there
is a way to modify that; that she has been in communities that have modified those, and said she is
concerned about a potential road rage element. Councilmember Gothmann said that speed limits are set
at about the 85`" percentile, so no matter what the speed limit, there will be about 15% of the drivers angry
because they can't exceed the speed limit. Councilmember Dempsey said she uses Broadway daily, has
not liked the idea of a three -lane and was adamantly opposed to that idea with a council vote of five to
two to move ahead with the change in Broadway; and said it was a long time to make the decision and
that it wasn't made lightly; and said she accepts the decision made.
[Note: It was previously determined there was no need for an executive session.]
Council Regular Meeting 4 -13 -2010 Page 10 of 11
Approved by Council: 04 -27 -2010
There being no further business, it was moved by Deputy Mayor Schimmels, seconded, and unanimously
agreed to adjourn. The meeting adjourned at 7:36 p.m.
ATTE
Bainbridge, City
Council Regular Meeting 4 -13 -2010
Approved by Council: 04 -27 -2010
Thomas E. Towey, Mayor
Page 11 of 11
I APR-14-10 12:15 PM TOM TOWEY
9282825
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SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL M FUNG
DATE: ApriIA2.
GENERAL CITIZEN COMMENTS
4
YOUR SPEAKING TIME WILL GEN ERALLY BE LIMITED TO THREE MINU'
\'4 Pl c�ise s i gn . r
a r 11 VU WIN11 10 MaKC PlIUllC COMMC TS.
NAME TOPIC OF CONCERN YOUR COMPLETE
PIXASE PRINT YOI I WTT,LSPEAK ADDRESS
A1301.7
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P.01
TELEPHONE
9 dldr - ).Ts
4/13/2010
Mr. Mayor:
I would like to have the staff research and bring back to the council possible options and
possibilities of providing some directional business signage at the East Sprague exit from
Spokane to the Appleway Couplet.
As you enter the city from the West there is only one identification sign at the Sprague
Exit, it reads simply "SPRAGUE AVE ". Probably does not mean much to the out of
town traveler, or even to a Spokane resident not familiar with the various exits in the
Spokane Valley.
I would like to propose that in addition to the simply "SPRAGUE AVE" sign that we
add:
SPRAGUE
AVE
EXIT
(existing)
BUSINESS
DISTRICT
AUTO
ROW
UNIVERSITY
CITY
(new)
Thank you,
Dean Grafos
e