2011, 04-12 Regular Meeting Minutes MINUTES
City of Spokane Valley
City Council Regular Meetings
Formal Meeting Format
Tuesday, Apri112, 2011
Mayor Towey called the meeting to order at 6:00 p.m.
Attendance• Citv Staff:
Tom Towey, Mayor Mike Jackson, City Manager
Gary Schimmels, Deputy Mayor Cary Driskell, Acting City Attorney
Bill Gothmann, Councilmember Ken Thompson, Finance Director
Dean Grafos, Councilmember Rick VanLeuven, Police Chief
Arne Woodard, Councilmember Mike Stone, Parks & Recreation Director
Neil Kersten, Public Works Director
Absent• Christina Janssen, Assistant Planner
Brenda Grassel, Councilmember Scott Kuhta, Planning Manager
Mike Basinger, Senior Planner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: In the absence of a pastor, Councilmember Gothmann 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 Grassel. It was moved by Councilmember Grafos, seconded and unanimously agreed to
excuse Councilmember Grassel fi°om tonight's meeting.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Woodard: said he attended last night's State of the City address which was well
presented and well received; and also attended a Knights of Columbus lunch today.
Councilmember Gothmann: reported that he attended a SNAP meeting; went to a Valley Business show
which was well attended; went to a Solid Waste Task Force meeting where they discussed different
constructs for a regional solid waste governing committee; attended the Transportation Improvement
Board (TIB) meeting with that Board's new director and said a call for projects is coming up soon in
connection with the Urban Corridor Program. In connection with the TIB, Councilmember Gothmann
said that three cities were asked to change their scope of project, and two out of three included more
roundabouts; he said there is some legislative support for preservation programs but the TIB indicates
cities would have to show some initiative to fund its own program and it would depend on the total
assessed valuation of the cities; he also mentioned that a citizen called to ask that the Indiana Extension
Project funds be withdrawn, but Councilmember Gothmann explained that those decisions are at the
discretion of cities and not the TIB. Councilmember Gothmann said he also attended the 9-1-1 Board
meeting; and he looked at the Appleway Court low-cost housing, and said the location is good; he also
attended the Senior's Fair at CenterPlace; and had lunch with members of Meals on Wheels where
concerns were voiced about the Taylar Cottages, which he said is not within the Spokane Valley
Council Regular Meeting 04-12-2011 Page 1 of 12
Approved by Council: 04-26-2011
jurisdiction; he also attended the Government Affairs meeting in connection with the Chamber of
Commerce.
Councilmember Grafos: reported he attended last night's State of the City address, and commended the
Mayor for his presentation.
Deputy Mayor Schimmels: said he attended the State of the City address and said it was well done; that in
the past few weeks, he attended a Spokane Regional Transportation Council meeting with our counterpart
in Kootenai County, and said he met with a group of federal representatives regarding us joining forces as
far as transportation is concerned; said the Census Bureau put on an elaborate meeting but there were no
decision made; he reported that he and Mayor Towey attended a meeting with the downtown library
representatives last week, as well as members from the EPA, and said there were about thirty-five
different agencies in attendance, that there were no conclusions; and that he went to a Good Roads
meeting where a group of local contractors and some elected officials met concerning the betterment of
roads in Spokane County; and said he attended an STA (Spokane Transit Authority) Operations
Committee meeting.
MAYOR'S REPORT: Mayor Towey reported that he enjoyed himself last night at the State of the City
address, that there was a good turnout with lots of good comments; and he mentioned the future State of
the City meetings and encouraged everyone to attend.
PUBLIC COMMENTS: Mayor Towey invited general public comments, and explained that since there
is only one action item on tonight's agenda, that there will only be one opportunity for general public
comments instead of the normal two opportunities.
1. Brian Millspau�h, 216 N Walnut Street; regarding the HiJD housing proposed for Walnut Street, he
said that this is not a religious issue but is a zoning issue and said it is inappropriate to include a religious
aspect; he said there were comments made that they were afraid of the elderly; and he mentioned some
past quotes about "when they talked about those retarded seniors, those dirty poor people" and "it is
disturbing to think that human beings can have such negative stereotypes and such horrifically bad views
of the poor; ." said shamed the person who made those statements for not doing their research. Mr.
Millspaugh said at the last two committee meeting, those things were never said; and he said the only
negative comment was a rhetorical comment by one of the people from Catholic Charities who said
"don't worry folks; we don't just take people that drool and stink." Mr. Millspaugh said as someone
dying from an illness, he drools and stinks, and said that comment wasn't funny. Concerning the elderly,
he said his parents are elderly; and said Councilmember Grassel lives across the street from his parents;
and he said he is not afraid of his parents. He said if he had heard comments like that, that he would have
stood up and gotten mad as that is not a fair question; and he said the first rule of debate is to "come to the
table with clean hands" and if you don't, then he questioned why someone would be trusted; and he said
that Catholic Charities came to the table with dirty hands and tried to slip this through without public
notification, which causes trust issues in a very small community where everyone just wants to get along.
2. Bill Mihalic, 10824 E. Steve Lane, Spokane Valle� said since he had a letter published in the Valley
Voice, and mailed Council another letter on March 28, 2011, he hopes Council has had time to review his
position for the proposed housing on St. John Vianney property; he said he is not a newcomer to
contested events; he said at the last council meeting, he watched a review of slides of parcels under
consideration for a building permit, and that the staff inember described each location, but when she got
to the last slide, she stated "this is St. John Vianney property, of x acres, and we oppose." He said he
expects more from his tax dollar; and asked on what grounds was this opposed; and he said she was
perhaps opposing his Constitutional right to practice his faith, and said it is evident that the Planning
Commission is not aware of rights of the church to practice their faith; which he said includes feeding and
housing the poor and needy; and said you are mandated under the first exercise clause of the First
Amendment to grant the building permit. He said freedom of religion is a basic human right that no
Council Regular Meeting 04-12-2011 Page 2 of 12
Approved by Council: 04-26-2011
government may lawfully decline; is not a gift of the state but is rooted in the inherent dignity of the
human person. He said he feels a cloud of negativity exists and asked if people are growing too old to
have a purpose, and said it's time to help our fellow man.
3. Mary Pollard, N Greenacres Chair: said there is an immediate and urgent need to provide a safe way to
cross Mission; said they need a signal in the meantime, or a four-way stop and she wants to make sure we
figure out the proportionate share to be collected on different development projects so the last project
won't have to pay the most; she said the GMA (Growth Management Act) requires concurrency on
transportation, and she is asking for pedestrian safety at the Mission and Long intersection.
4. Jerr Brooks 18303 E. Mission Avenue: said the City is doing a great disservice to him and his
neighbors with the project to make Mission Avenue a major thoroughfare between the Spokane Valley
Mall and Liberty Lake; he said the proposed couplet was designed with the developer, Centennial
Properties, in mind; and said the plan did not consider the scope of community needs, and when the plan
was made, there was a clear violation of SEPA requirements; he said the City filled out the Environmental
Checklist in such a way that it wouldn't trigger any serious review of impacts; he said the Routing
Memorandum from the Environmental Checklist review of December 3, 2010 failed to include Central
Valley School District, State Parks, impacted property owners, the North Greenacres Neighborhood, and
the Friends of Centennial Trail; he said there are seventy-two homes on Mission Avenue between Flora
and Barker that will now be impacted by high traffic and an increased exposure to diesel particulates. He
said North Greenacres is a single-family neighbarhood and the long term changes were not considered,
and said it is shameful that they are continuously forced to endure quality of life changes without input.
5. Kiendra Bullock, Executive Directar for Voices, a low-income advocacy organization in Spokane that
works on civic engagement; said as a representative for their membership, she asks that Council
reconsider the project for the H[JD housing and Catholic Charities, and not because no one is empathetic
to senior citizen or low income housing, but because her organization looks at it as a tax dollar issue; and
said anytime there is a proposed HiJD housing, tax dollars are involved, and people are made to feel
empathetic to the situation since it is for affordable housing, which is what her organization works on;
however, she said in this State and in our City and in Spokane there are several affordable housing
property owners who receive tax breaks for offering affording housing, but said they make it very
difficult for people to actually get into those homes, or they actually end up being slumlords, or after
those homes are built and they re-zone neighborhoods, they sell those large properties and said the
intended purpose many times is lost after a few years; she asked Council that befare they re-zone a
neighborhood and offer a huge apartment complex, to consider doing a thorough review of the properties
that are available for rent in Spokane Valley, to look at what properties are listed as affordable housing,
and then ask how to change the current situation without the band aid of just building more; and without
the accountability of the property owners providing upkeep, she said she doesn't see the need to build
more.
6. Pete Miller, 18142 E. Mission: in reading her statement, it stated that on September 11, 2007, she
submitted her opinion regarding zone changes in North Greenacres, and she attached a letter to that to
remind Council of what was a very poor relationship between the previous Council and North Greenacres
Residents; she addressed road improvements on Mission Avenue and asked to have the impact mitigated
of what was once a quiet neighborhood with a reduced speed zone; she said dividing the neighborhood
with a minor arterial conflicts with the comprehensive plan; said their neighborhood transportation plan
was submitted to Council in 2005 which plan included a roundabout at Long and Mission; said a speed
limit for the eventual school zone will slow traffic sporadically and the park will draw pedestrian traffic
from the new developments in Greenacres and Riverwalk; and said that 35 miles-per-hour is too fast and
that many drivers push the limit to 40; that Broadway is a minor arterial and also conflicts with the
Comprehensive Plan; that the SEPA checklist review for Indiana/Mission asked if there were any plans or
Council Regular Meeting 04-12-2011 Page 3 of ]2
Approved by Council: 04-26-2011
further activity related to that proposal, and that the "no" answer was grossly misstated; and that Mission
Avenue has a speed limit of 30 miles-per-hour and she sees no reason why the same criteria that allows a
reduced speed limit in an area with fewer homes, cannot be applied to Mission Avenue between Barker
and Flora.
7. Stacy Bjordahl 505 W Riverside, Suite 500: regarding the pending comprehensive plan amendments
for consideration, and the potential repeal of the Sprague/Appleway Revitalization Plan; she said Mr.
Grafos and others might recall that in 2008 she represented a number of property owners who owned
property along the Sprague/Appleway corridor; and said at that time those property owners were
specifically opposed to the adoption of the Sprague/Appleway Revitalization Plan for several reasons,
mainly because a lot of the properties were being down-zoned and there would be restrictions on property
use, the architectural guidelines, sight-restrictions, parking, pre-determined streets and also that at that
time, it was a plan and not yet in adoption; she said she supports the repeal of that Plan; she said she is
working with CarMax, a company that is considering relocating here on one of the properties impacted by
the SARP, and said if it is not repealed, it could adversely affect their ability to select that particular
proposal, and she urged Council to move that item forward.
8. John McNamara 10312 Ashcroft Place, Henrico, Vir i�ia: said he is a real estate manager with
CarMax, and concerning the potential repeal of the SARP plan; said his company is the leading retailer
of used cars in the country; he said they are a Fortune 500 retailer, have 104 stores in 50 markets and did
$9 billion in sales this year and sold over 350,000 cars; he said they have a transparent process and no
haggle pricing with money-back guarantee along with guaranteed products, and Internet shopping; and
said they are also a Fortune 100 best companies to work for for the eighth year in a row; he said they are
interested in a site on Sprague, where Dishman Dodge is on Sprague, there is a nine-acre piece next to it
which is currently undeveloped with a small abandoned building on it; and they are interested in
developing that into a state-of-the-art car retail facility; said it would be a multi-million dollar building;
and said their developments look more like a Target or Costco than the typical car dealer; he said they
would like to come to the city but in their preliminary research through the SARP documentation, they
found many specifics which would preclude them from developing that site, and to force them to look at
other options like the City of Spokane; he urged council to consider this, and said he knows his company
can bring a great deal of jobs in service, merchandising, and sales.
9. Rebecca Taylor, 508 N. Locust: regarding the St. John Vianney project; said she has lived in her
neighborhood far about ten years, her kids play at the St. John Vianney playground and not everyone in
that neighborhood opposes this project; she said she thinks it is a good idea, and knows that Catholic
Charities does a good job in building and maintaining housing; and said the Parish will not allow it to not
be maintained; said she is having trouble paying her bills and cannot imagine living on a fixed income,
and feels it is a benefit for the neighborhood to have elderly people staying there who will take care for
the neighborhood, and said her best neighbors are the elderly.
10. Ken Currv, 625 N Herald: said he lives a block away from the St. John Vianney; said he doesn't
oppose having a senior housing, but said there is a nice lot off Herald and Main and Sprague with a bus
stop which would facilitate their needs for transportation, and said they could put in a chapel in the
housing at Main and Herald and Sprague if they wanted to; said he is a catholic and has attended St. John
Vianney; but a low income housing apartment down the street increases traffic and the violation of speed
limits; and increases the police having to come in; said he has seen a lot of activity in that other area; he
said that piece of properly has been vacant for years, but the other place on Walnut is a residential area.
11. Kellv Clinger, 312 N Herald: said he is a third generation of that general area on Walnut road and
many of those homes are about an acre, adequate for four, tri or quad-plexes if owners should sell; said
the idea of building the HUD development there is wonderful on one aspect; said he is all for the elderly,
Council Regular Meeting 04-12-2011 Page 4 of 12
Approved by Council: 04-26-2011
but is concerned about the location; that a 40 unit structure will create more congestion; and said if it will
be all elderly that's fine, but asked when it will be just elderly; and said how long before someone says
that is discrimination against others; he said they have a place on Main off Herald, and the police officers
are there constantly, as well as helicopters at 2:00 a.m. looking for people jumping over the fence from
the apartment complex; and said that doesn't have anything to do with this if we can just keep it elderly
and exclude the problem of additional traffic; and he asked if there is a guarantee that the property in the
future doesn't change hands and that would be turned into just another apartment complex; and said if this
area is re-zoned, anyone selling their house on his street or Walnut Road will also give them the right to
zone their property for a multi-family structure.
12. Michael Smith, 404 N. Walnut: said he lives directly across from the properly in question; said this
has nothing to do with the elderly, but is all economics; said his wife spent her entire inheritance buying a
beautiful home there, and due to the economic downturn, almost all the equity is gone; and if this re-
zoning happens, it was mentioned that our property values will go up but said that is not true; he said
every morning there are parents running late taking their kids to school end up speeding almost 50 miles-
per-hour down Walnut; and said he has almost been hit backing out of his driveway; that this is about
economics and the American dream washing down the toilet; he said it has nothing to do with the elderly;
and if it gets re-zoned and an institution goes up in their front yard, he feels he is getting steamrolled.
13. Elizabeth Stout, 608 N Herald: said she is not against senior housing; she said at the meeting at the
church, it was said it would be a facility that would be at least 40 units, 600 to 700 square feet, and
possibly not more than two stories; she said she went to the open house at Appleway Court and after
making that comparison, said she was glad she could get a visual idea; that they have 37 units, three
stories, and 500 to 550 square feet, and they have 37 parking spaces plus an additional ten or fifteen; and
she said after seeing that, she can't visualize something that size being in that Walnut Area on that lot; she
said she knows they are proposing to build another senior housing right next to Appleway Court in the
near future; and said she feels it would have to be at least three stories to facilitate that many people.
14. Levi Strauss, 302 N Walnut Road: said his neighborhood surrounding St. John Vianney is a nice,
quiet, friendly neighborhood; that historic Walnut trees line the road giving the neighborhood charm; he
said widely spaced homes gives a park like setting to the neighborhood, and said neighbors take pride in
ownership by keeping impeccable yards; he said Walnut Road is one of the most beautiful streets in
Spokane Valley; behind their doors is no more intolerance than lurks in any Spokane Valley
neighborhood; he said their fears are no less than anywhere else; and said they do have drastic fears their
neighborhood will lose its charm; there are currently 35 residential homes on Walnut Road with an
apartment complex near Sprague with 20 units; he said they fear a zoning change will allow a 52-unit
mega complex which would increase the number of dwellings on Walnut Road by 100%, and said such a
complex does not fit and is way too big for the narrow streets; he said when St. John Vianney purchased
the property they knew it was limited to a twelve-unit complex and perhaps the church should have
looked for property that was more appropriate, and now the church wants to change the zoning to fit their
needs without any care of what happens to the neighborhood; and said they feel a 52-unit complex would
destroy their nice, friendly, quiet neighborhood; and fear traffic and crime will increase, and the school
adjacent to the project will put children's safety at risk; and that the aesthesis of the neighborhood will be
compromised; and he asked Council to try to envision what this proposed monstrosity will look like 50 to
100 years from now; and whether any Councilmember would like such a complex built next door to them;
he said the valley has lots of open spaces zoned for these projects; he said they voted for Council to look
out for the best interests of the community; and to allow this complex in a residential neighborhood would
be an injustice, and that this is the wrong place, wrong time.
15. Thomas Dixon, 608 N Farr Road: said his street is the back side of St. John Vianney; spoke of the
various places he has lived in the past, including on or near air bases; and when those airbase missions
Council Regular Meeting 04-12-2011 Page 5 of 12
Approved by Council: 04-26-2011
changed, or new aircraft arrived, homeowners and cities litigated against the military because of the
noise; said he was a follower of the Catholic religion during his early military years, and learned from his
parents what their generation had in mind was to develop parishes; that they didn't have a lot of money;
so the idea was parishes would purchase land like over here in 1954 when there wasn't much around, then
they'd build a church and support buildings and schools, and when the church was paid off, they'd turn
the church into a gym and start a new church; and there were ideas for the property purchased in 1954
prior to all the houses; and said with every new addition and change, nearby residents always prefer the
status quo; and said with the Catholic Charities putting in this building, it can only do good for the area; it
will increase traffic, but it will be good for the area because it will be for low-income seniors; and said he
has been told by them that once they purchase a property and improve that properiy, they cannot turn
around and sell that property for approximately forty years; and said he supports the project even though
his wife disagrees.
16. Shell_y Stevens, 312 N Walnut: said she got her Saturday morning paper and saw another letter to the
editor regarding this project; she said they are communicated to as a neighborhood via letters to the
editor; that they were told it is unfortunate they weren't notified of this proposed zoning change because it
caused the neighbors to spread rumors; and said they were notified by the City of Spokane Valley via a
public hearing notice, which was the first they heard about this proposal; she said that the latest letter to
the editor was from Rev. Charles Scope, a Senior Priest in the Spokane Valley; she said that Rev. Scope
did not specify good in his reference to the St. John Vianney parishioners being their neighbors, and said
they are thankful for that, because good neighbors stop when they are asked to stop; she said the history
of the buildings on the St. John Vianney property were built on what she assumes were properly zoned
parcels; and said that St. John Vianney is attempting to build an apartment complex on residentially zoned
property; and said regardless of who would live there, it will hurt the neighborhood; and said the issue is
not low income senior housing, but increased traffic, decreased property values, and more people living
on a single acre of land then what occupies the entire make-up of Walnut Road; and said this is too much
and too many people for a rural neighborhood. She further stated that the property on Walnut Road with
the blue house on it, which is where the monstrosity will be built, was purchased by James Mulvanney
when Mrs. Rucker, a former parishioner passed away; and said the property was used as a rental prior to
the purchase by the church. She said the good neighbors on Walnut Road, including herself, rescued all
the abandoned pets off that property and gave them good homes; they helped a few of the children living
on that property, attend their church's Christian church camp; and fed those children who lived at the
rental and gave them rides to school. She said they know what good neighbors do and they have been
doing it for years; and said they will not be guilted into feeling bad because they are protecting what is
theirs. She said when St. John Vianney purchased the property, they assured the neighbors they were
going to use this property to build a complex of maybe four to twelve units, for retired priests and low-
income senior housing; and the neighborhood was thrilled with this prospect; and said image their dismay
when they were notified that the church was trying to re-zone their parking lot to build this monstrosity;
and said this is a manipulation by the Church; and that further manipulation is to bring up RLUIPA
[Religious Land Use and Institutionalized Persons Act], a federal law that does not apply in this case; and
she said the property can be re-sold, or if the properiy can change to something else in forly years, or if
used for commercial purposes, RLUIPA does not apply, and she cited Michigan State vs. the Supreme
Court, 2007.
17. Shirle_y Pantaleo, 10414 E. Holman Road: she read her statement, and gave a copy to the Clerk for
later distribution to the Council. In summary the statement concerns the low income housing proposal;
that she wanted to put a face on one of the many who require affordable low income housing; that after
the death of her father, her mother was unable to remain in the home she grew up in and stayed with
family members until she was able to move into a low income HLJD apartment; and said she deeply
resents the implications that she has heard from some Walnut Street neighbors, that seniors are
undesirable and a threat to the community; and that her mother was one of the most unselfish, hard
Council Regular Meeting 04-12-2011 Page 6 of 12
Approved by Council: 04-26-2011
working, kind individuals she ever met, and was a person who was entitled to have affordable, safe
housing; and she urged Council to approve the zoning change.
18. John Adams. 10101 E. Main: said he owns Manor Vale Apartment Complex, which is the one
referenced earlier with police and helicopters frequenting the apartments; said he took a two-month
vacation and when he came back there was a child molester living there, and after that there was a fire;
said he is providing low income housing through Section 8 HUD; that he has owned his complex for
twenty-six years and being a landlord is not fun, but he tries to do this for the community; and said the
Walnut Road is a very nice area, and if you put an apartment complex there it will be nothing but trouble;
and said that 90% of the people will be okay but the 10% you can never get rid of which causes the
problems; and said if the church wanted senior housing, they should come talk to him and he'd sell them
his place and convert it to a senior housing place; and said he'd be willing to help the church if they want
to have senior housing.
19. Lvnn Worthington, 9808 E. Vallevwav: said she lives across from the parking lot where the school
and the gym are; said they get a lot of traffic but it's great; there's walkers, bikers, kids learning to ride
their bikes; that it's a great neighborhood. She said St. John Vianney is asking for a zone change from
low-density residential to medium and then to multi-family medium density residential; and said this is
way over the top and not acceptable; said they are asking for approval from the City and not from their
neighbors, to re-zone their already packed parking lot, to build a monstrosity in her neighborhood; and
said that 80-90% of residents in a six block radius oppose this proposal; and said the church doesn't seem
to care about that or about angering their neighbors with a complex that will change the whole face and
feel of their quiet neighborhood; and she asked Council to preserve the neighborhood and property
values; and said a complex built for 50 apartments is a commercial building and could be re-sold by the
church. She said when the City of Spokane Valley was incorporated in 2003, there was a concern that a
lack of resources would cut all the valley's ties to its community history; in 2004 Linda Yeoman, a
preservation consultant with the Spokane County Historical Preservation office stated that "if the City
does nothing, it may lose some of its history" and said Ms. Yeoman also listed some Spokane Valley
homes and neighborhoods worth preserving, one of which is the bungalow built in the 1920s and earlier
near St. John Vianney's church; and she asked council not to allow a lack of resources, fiscal
responsibility or fear of repercussions to affect council's decisions tonight and to please preserve their
neighborhood; and she gave the clerk some copies of letters from Linda Yeomans.
20. Karen Strauss, 302 N Walnut Road: said she is not for the church and their 52 unit complex; said their
street is a wonderful, beautiful road; and if a 52-unit complex comes in, it will change the neighborhood
totally with different people going up and down the street; and with senior citizens, that's ok she said, but
said they have no sidewalks and people will be going up and down their streets; she said parents drive fast
through their streets and don't slow down; said that she has talked to a lot of her neighbors and they are
not happy with this proposal; said that the church indicated they have a high turnover in their
neighborhood but said they do not as many have lived there for 25 years or more; and she doesn't want to
see her road become a mess with more traffic; and wants the neighborhood to remain a nice, quiet place.
21. Sandra Holder. 9814 E. Valle,�-vaX: also voiced her opposition to this proposal; said it is not the right
place for a 40-51 unit complex; there are other locations more suitable; said none of the complexes they
were directed to for comparisons are located in residential areas; and said she asked about them using the
land on Sprague and Herald, about 8.4 acres, and said she was told it was too expensive; and said
purchasing property for the right deal doesn't give them the right to put in a 40-51 unit complex there; as
it's not the right place for something that large; said she has a deaf child and she and her daughter have
rights as citizens; said she heard the project could become a model neighborhood project, and questioned
if that means they are implying the neighborhood is not now a model neighborhood; and said she feels it
is a very nice neighborhood; and said she isn't sure how a two or three story building could blend into the
Council Regular Meeting 04-12-2011 Page 7 of 12
Approved by Council: 04-26-2011
neighborhood; and that Valleyway could still open in the future; that she lives on a dead-end street and
her daughter can't hardly play out there now because of the church traffic, and this would only increase
traffic and decrease her safety; said when she asked about sewer and water issues they were told we were
at sewer capacity and the current water pressure is not good; that she is for providing low income housing
for the elderly, just not there.
22. Mark Zielfelder, 417 N. Herald: explained that he plans to stay at his residence for a long time; that he
puts money into his home to increase the home's value, but adding a complex like makes him feel like
he's throwing that money down the drain; said that other 20-unit complex results in all kinds of people
coming out of there, and results in police and ambulances on their street; and said there are also neighbors
next door who rent and said they have had constant problems with those neighbors too; which shows that
if you don't own the property, you don't take the pride in that property; and said people speed on their
street now and traffic has increased since Winco came in on Sprague; said they voiced their concerns to
Crime Check and to the Police which only helped for a short period.
23. Marie E. Raschko-Sokol, St. John Viannev Pastaral Council Chair: said St. John Vianney was not
prepared to give formal testimony tonight, but plans to do so at the meeting where this comes on the
agenda for action; but said she wanted to clarify a point, and that is the housing project is a 38 to 40 unit
building built by HUD, and is not a 52 unit building, nor has it ever been stated that it would be a 52-unit
building; she said the building has not been designed; that they are willing to work with the neighbors in
the future to build that design; and that they will be presenting further at the appropriate time.
24. Levi Strauss, 302 N Walnut: said from what he understands, this re-zoning would allow for a 52-unit
complex.
25. Rob McCann, Executive Director at Catholic Charities, corner of Division and Fifth in Spokane: said
he is grateful for all the comments and that it is needed and an important dialogue; that he is very excited
to build this property; he said this project represents an opportunity to transform lives and change hearts;
and said as they have done for almost one hundred years in this community, they will hopefully build the
project to not only transform the lives of those who will live there, but the neighbors as well, and change
in a good way; he said it is difficult to image a world where we are unable to help the least among us; that
they have a long track record which is visible, and said they have projects clearly in residential
neighborhoods, and the neighbors in those neighborhoods enjoy Catholic Charities being there; he said
they have a vision for this project, which is to serve people who desperately need help; and they don't
want to have seniors choosing between paying for food or for prescriptions; and when Catholic Charities
does a H[JD project, it must be senior housing for forty years; and even beyond that, he said they have
many projects well beyond that time span and said he is confident this property will always be senior
housing; he said they will not be putting Valleyway through, and they are not building a 52-unit
monstrosity; but a 38-40 unit, tastefully designed, well-maintained property as is everything in their
portfolio; and said even in the 40�' year, they will keep this as designed, and said they would be more than
willing to sign a development agreement with the City so stating. He added that all the residents who live
in their housing undergo criminal and financial backgound checks, as well as those who work at Catholic
Charities, including the 5,000 volunteers; and said he has no fear they would ever put anyone in those
units who would be inappropriate for that neighborhood or who would endanger anyone.
26. ShellY Stevens, 312 N Walnut: said she believes everyone has learned in the past two years by what's
happened in government and by what's happened in the past five years with Metropolitan Mortgage; that
contracts don't mean a lot, and people's word doesn't mean a lot; and said a guarantee that this will
maintain senior housing for 40 years means nothing to her based on what everyone has seen happen in
this country over the last five years.
Council Regular Meeting 04-12-2011 Page 8 of 12
Approved by Council: 04-26-2011
27. Karen Strauss. 302 N Walnut Road: said St. Pascal's is a vacant school and church over there; and she
wondered why this project isn't built over there where it's empty; said over there would be more
appropriate and saves the neighborhood from a 52-unit complex; and said if you build this on the St. John
Vianney property, she is concerned about the children over there; that "you can have a lot of elderly
people wandering around; and they could just as easily wander around, and I just fear for the children's
safety."
There were no further comments and Mayor Towey extended his appreciation for everyone voicing their
concerns; and said Council has some tough decisions to make and to make those decisions, Council needs
information from both sides; and again extended his thanks for all the comments, and Mayor Towey
explained that this project will come back to Council next week for a first reading consideration, and if
that passes, to a second reading the following week; or council has the option not to go forward; and at
those first and second readings, council will take further public input; and that the final decision will be
done by majority council vote.
Mayor Towey called for a recess at 7:34 p.m., and reconvened the meeting at 7:51 p.m.
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
03/18/2011 3476, 3478, 3479, 3480 $57,446.05
03/18/2011 22395-22416 (-22405) $21,960.52
03/25/2011 22417-22478 $171,965.63
03/25/2011 22479-22504 $153,843.12
03/29/2011 22505-22506 $60.00
03/31/2011 5221-5225 $689.50
03/31/2011 22506-22531, 331110017 $1,530,345.24
04/O1/2011 22532-22552 $41,724.59
04/OS/2011 22554, 1026910 $854,066.51
GRAND TOTAL $2,832,101.16
b. Approval of Payroll for Period Ending March 31, 2011: $358,603.28
c. Approval of City Council Minutes of March 22, 2011 Special Meeting, Executive Session
d. Approval of City Council Minutes of March 22, 2011 Formal Meeting Format
e. Approval of City Council Minutes of March 28, 2011 Special Joint Meeting
£ Approval of City Council Minutes of March 29, 2011 Study Session Format
g. Approval of City Council Minutes of April 5, 2011 Special Meeting, Executive Session
h. Approval of City Council Minutes of April 5, 2011 Study Session Format
It was moved by Depury Mayor Schimmels, seconded and unanimously agreed to approve the consent
agenda.
NEW BUSINESS
2. First Reading Proposed Ordinance 11-006 Livestock in Mixed Use — Christina Janssen
It was moved by Deputy Mayor Schimmels and seconded, to advance Ordinance 11-006, amending Title
19 concerning permitted and accessory uses, and animal raising and keeping, to a second reading as
drafted. After Assistant Planner Janssen explained the proposal per the Request for Council Action form
included in the agenda packet materials, Mayor Towey invited public comment. Chris Pettybone, 18009
E. Kelly said that she lives behind the Greenacres Shopping Center and said there are many large animals
throughout the corridor; said this change makes sense and she urges Council to support the proposal.
Council Regular Meeting 04-12-2011 Page 9 of 12
Approved by Council: 04-26-2011
There were no further comments. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Motion
carried.
ADMINISTRATIVE REPORTS:
3. Street Vacation Procedure, STV 01-11 — Scott Kuhta
Planning Manager Kuhta explained that an application was received from the Spokane Valley Fire
Department to vacate a portion of a street right-of-way accessing Fire Station No. 6 at 6306 East Sprague;
and he briefed council on the steps needed for a street vacation. Mr. Kuhta said next week staff will bring
forth a resolution setting a public hearing for this matter before the Planning Commission. There were no
objections to proceed as noted.
4. Broadwav Avenue Stormwater Drainage Project — Neil Kersten
Public Works Director Kersten explained the project as per his Request for Council Action form, and
showed the area in question on his accompanying map which showed the older sections circled in red, and
said those areas are in bad shape, and that they plan to do re-surfacing with funds from the street fund.
Mr. Kersten said in past years there have been serious drainage issues with the medium to larger storms
where this area flooded and the drywells failed as there are no catch basins; he said they don't have the
money budgeted in stormwater fund, but have more than adequate dollars within the fund balance, and he
asked for council consensus to move ahead with that, adding that Mr. Thompson would be bringing forth
a budget amendment soon that could include this project; that the cost for the property acquisition and
drainage work is approximately $458,000, which includes $70,000 to $80,000 for the cost of the land.
Mr. Kersten mentioned that there is no treatment for the old drywells and they don't meet the current
standards, so when they go bad, they would put in a swale; and said there is approximately $2 million in
the stormwater fund, and that this could qualify for APA funds, and that we receive about $500,000 every
year which could be used for the design and construction of the project; he added that this just came up as
they got into the design and realized there is a better way to have a final project; that they could go after
just the numbers for the drywells, but they would end up spending a large among of money to restore the
drywells. Councilmembers concurred that staff move ahead with this and bring it back as part of the
budget amendment.
5. Comprehensive Plan Amendments — Mike Basin�
Planner Basinger went over the revised schedule of the comprehensive plan amendments, explaining that
tonight is an administrative report and that the first ordinance readings will be scheduled for next week,
thereby allowing legal counsel to brief Councilmembers tonight on the development of the 2011 comp
plan amendments for the ordinance. Councilmember Woodard stated that he was a member of the
Planning Commission when CPA 02-11, which is the St. John Vianney proposal was discussed; said he is
a Catholic, and that although he believes he can be impartial, to be fair to the neighborhood and the
church, and keeping in mind the citizens are his first concern, said he will recuse himself from this topic,
and he left the room at 8:17 p.m. Planner Basinger via his PowerPoint presentation, went over the
specific goals and policies used to form staff's recommendation relative to CPA 02-11. Attorney
Connelly added that the proposal by St. John Vianney is a request for a zone and comp plan change, that
there is no specific use to bind the property owner and this can be considered as a legislative change and
the question is, does Council want multi-family here or not; that if council says yes, then an option is to
proceed at a later meeting with an ordinance first reading. However, Mr. Connelly explained, the more
complicated question is, when you look at what would happen if they made a special application for a
building permit, and said if that happens, then LUPA and federal statutes would likely come into play;
that it is not totally black and white, but in the Ninth Circuit it is likely the court would say we have to
come up with a way to accommodate the use, which is an accessory to the church's mission. Mr.
Connelly further explained that if a building permit is ultimately requested, we'd have to probably
proceed, although we could condition it; and that another alternative, which allows Council some control,
is to continue the matter for thirty days and instruct staff and the property owners to come up with terms
Council Regular Meeting 04-12-2011 Page 10 of 12
Approved by Council: 04-26-2011
and conditions that would restrict the impact of such development, and to bring that back in the form of a
development agreement, which necessitates holding a public hearing. After council discussion, council
agreed to proceed with the plan of using a developer agreement and to schedule that as a future agenda
item. [Councilmember Woodard returned to the council chambers.]
Attorney Connelly explained that the next topic is the proposal sent to the Planning Commission for the
elimination of SARP (Sprague/Appleway Revitalization Plan) and the SARP zoning that was part of that
plan; he said the Planning Commission reviewed the proposal council sent and the Planning Commission
recommended SARP not be eliminated. Mr. Connelly said that this Council may or may not agree with
the recommendations of the Planning Commission, and he would like to talk through the key points in
those recommendations and get council feedback; and said once we have that, he will bring this forth as a
separate ordinance as it has some special characteristics. Mr. Connelly then went through the Planning
Commission findings, and explained to Council that they are located in the packet under tab 3 in the
March 10, 2011 memorandum concerning the "Removal of the Subarea Plan" and said those findings are
italicized in that document. Concerning the Finding: Planning Commission is concerned if the plan is
eliminated the conditions along the corridor will continue to decline without a plan, " Councilmember
Woodard said he agrees with the finding that it will decline along Sprague, but disagrees it will improve
with SARP. Councilmember Gothmann said he agrees with the finding that it will continue to decrease if
there is no plan, and said there is no evidence about the affect of SARP since it was only in effect for a
few months. Councilmember Grafos said he agrees with the decline along Sprague, but disagrees that
SARP will stop that decline. Mayor Towey said he disagrees with the finding and said restrictions on
businesses by governments in itself restricts business, and that he thinks SARP has a negative impact on
economic development today and disagrees with the Planning Commission final recommendation.
Concerning the Finding: Planning Commission was concerned there was insufficient public input to
determine community support or opposition to plan. Councilmember Grafos said he disagrees as there
were meetings with all property owners to discuss impacts to properties and what they could do; and said
he didn't see any of the Planning Commissioners at those meetings, or a lot of the council members at
those meetings, and if they had come, they would likely have a different feeling. Councilmember
Gothmann stated that if Councilmembers had attended, they would be violating the Open Meetings Law;
that it was not a council meeting; and further stated he feels there was insufficient public input; that it was
determined that 195 property owners out of 200 did not attend. Deputy Mayar Schimmels said that the bi-
monthly meetings were held on the different topics, that he never heard anything that was defending the
SARP in an overall connotation; but said he disagrees with the Planning Commission on two items: he
said the zoning is very restrictive and there is no flexibility in the zoning language.
Mr. Connelly said the findings contain a number of other specific issues, and he asked council to go
through them and let him know if there are specific findings council agrees or not with; and he asked
about the additional finding that it would create too much commercial land. Councilmember Woodard
said that the people should be able to do what they want to and this is an issue of property rights; said we
have to look at regulations and how we are trying to dictate to them on how they can use their land; he
said we have to get away from the regulations on where to put the lot, signage, and so many things; that
we make it very expensive and no one wants to come here; and we have to open up things if we want a
vital commercial atmosphere. Mayor Towey voiced his agreement with Councilmember Woodard and
said we need economic development and need to make sure our regulations don't hamper business but
encourage it. Attorney Connelly asked if there were any other specifics council wants to address, and said
that a Planning Commission conclusion is they believe a decrease in employment could result by
removing SARP. Councilmember Woodard said he heard the testimony from CarMax, which is a good
indication of the affect of SARP; that we won't have employment with SARP; and said that the Planning
Commission said without SARP there is no plan, but he said there is a plan, but no one is listening; that
he has a plan about how to stimulate and build the best city but it doesn't include more regulations or
tougher restrictions but includes freedom and liberty. Deputy Mayor Schimmels said he knows we're in a
Council Regular Meeting 04-12-2011 Page 11 of 12
Approved by Council: 04-26-2011
severe economic downturn, as in fifteen months we have only had one building permit on that stretch of
roadway. Councilmember Grafos said SARP was put together in a different environment and at a
different economic time; that the majority of retailers along there including the owners of University City
came forward asking for relief of the massive regulatory burdens of SARP, that it affects over 1,000
properties and almost 1,000 acres; he said he is completely against this plan. Councilmember Woodard
asked if the SARP no longer existed, could people still use those regulations and Mr. Jackson said
generally speaking, yes, but there could be some setbacks or other design standards at issue.
Attorney Connelly said he has a sense that this is not unanimous, but the majority of council want to
proceed with an ordinance rescinding the SARP, and four councilmembers shook their heads yes. Mr.
Connelly said he will put together a first reading of an ordinance for next week and incorporate findings
from tonight; and that next week council can make changes as desired; and said the other comp plan
matters will be in a separate ordinance, and that the multi-family request by the church will be continued
for 30 days as staff explores a development agreement. Council concurred.
6. Advance A�enda — Mayor ToweX
Councilmember Woodard mentioned a concerned citizen asked him to address the issue of Mission east
of Flora and of the need to slow down traffic in order to protect people going go the park; and that prior to
the completion of the park, there are safety issues to consider. City Manager Jackson said that staff
discussed this and will come back at some point with additional information for council.
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 8.�54 p.m.
�.�
ATTEST: , omas E. Towey, Mayor
� X � � � �`�"
�iristine Bainbridge, Crty Clerk --
Council Regular Meeting 04-12-2011 Page 12 of 12
Approved by Council: 04-26-2011
GENERAL PUBLIC COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
DATE: April 12, 2011
GENERAL CITIZEN COMMENTS
YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE
Please si n in if ou wish to make u blic comm ents.
NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE
PLEASE PRINT YOU WILL SPEAK ADDRESS
ABO T
d��-�l X� d� K� b% R�� ��B �/�4n'R J�� �PaK �� ►� 5h�-�28 s6�3
' \ Ytis T�-�m-`�� C - t�Cf Ye.,E1R- � �q. '� C� 5 �-�E �- � �
�1 Ibc� ��-2 �e�
_� � �S �- �cd
12e Z�, �✓ 9 2
�
�1� Nn� ��c C�i��T�� o�a�y. ���ti-� ����.� �� �
� ,� r �n � �v'. �
�� �r ► ��r �✓��<� �� �'�8 _
� p y f� �� �ia � � �
. 3oa,. dV 1��,
L �VI ,S�'raN T nl, ��Z � VVO��h� `�-
�
.� _ � �� �� � -� �
�� ��� I�aS. ►201 S� a
?'I_ �Z o �J `�'�Z -
` r� r� �i �i
d�nre �(�'� er �"� ;°�''� 31� ti. t-tera- r� ��3
� ; h C f �' -f S b�- v� L � �
� � v�`^^ �ah Sb�(N`12�std't' S� Z'Sa
Sa1�W� ��c� co� G� - Soc (03��- Gr��r�.sk- A, `�" �"�`� 3
���r��a � V
GENERAL PUBLI� COMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY COUNCIL MEETING
DATE: April 12, 2011
GENERAL CITIZEN COMMENTS
YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE
Please si n in if ou wish to make ublic comments.
NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE
PLEASE PRINT YOU WILL SPEAK ADDRESS
ABOUT
Y/. p c�� a' ��� ����y� oi �-��
,�,,�. �? . 3 � 2, �.,� r r
� r�n a •� �i� � � Q r� r' �� --�''
L7 cI !r
G� � � k
,
� }�h�ss,o,� �� ��� � vv��ssio� g _ �
�,� � � �- ��3
��, cc.. ( 03� ���� g � �J
�- � � �rle � u�u�ncrl� !�1- C.ac�� 3 - �2�
� Y ,,yti ' � � �\ I / �� � ��� � f ) � j��, ,
►' h
r�� �
s� a�
�
LOW INCOME SENIOR HOUSING
Spokane Valley City Council 4/12/11
Name Thomas Dixon - 608 North Farr Road, Spokane Valley, WA
Comments Child of 1950's -- son of Air Force officer -- lived near 13 airbases
GA - CA, M N- TX
During that time, cities throughout nation offered land to attract federal
installations — economic & residential
Presence of air bases spawned development. Homes — schools — shopping
After college, I joined — lived on/near 14 airbases over 26-year career
On nearly every base, when new acft arrived (sometimes mission change),
homeowners & cities litigation and talks concerning acft NOISE
■ Base was established — people built & moved in — complained about noise
During years as military dependent & active duty, I was of Catholic Faith
Learned how Catholic communities planned to establish & support parishes
■ Purchase land
■ Build church & support bldgs.
■ Build school
■ When church paid off, build new — larger church, convert old to gymnasium
■ Pay off school & new church, add facilities as appropriate
As with every new addition or change, nearby residents always prefer status quo
(as mentioned w/my Air Force experience)
Moved here in 1996, in part due to presence of St John Vianney parish
I SUPPORT Catholic Charities addition, though wife & I have differing view
�
Shirley Pantaleo,10414 E. Holman Rd
Spokane Valley, WA 99206
Spokane Valley City Council Re:Low Income Housing --
I wish to put a face on just one of the many individuals who require
affordable low income housing.
Due to circumstances which she couldn't control, my mother worked all of
her life to support her family due to my dad's illness. After the death
of my father and the failure of her heating system, she was unable to
remain in the home she grew up in. She was able to move in with my family
for a few months until her name rose to the top of the list and she was
able to move into a low income HUD apartment. This apartment was about
600 feet and had a small kitchen, a living room/dining area, full size
bedroom and a bathroom that had a medical emergency help line available.
It was also on a bus line that enabled her to continue working to support
herself. There was no insurance money after my father's death. She
continued working until the age of 66 when she had to retire because of
health reasons. That is when she started to collect her Social Security
payments of under $500 per month. She used this money to pay her rent,
$100 per month for her supplemental health insurance, prescriptions,
groceries, and other necessities. My mom was raised by her father in the
Depression and made do with very little.
After my family & my brother's family were forced to relocate from
Pennsylvania because the steel mill had closed, my brother moved to
Florida. My mother was able to again obtain low income housing in Florida.
She loved her small apartment & the friends she made while living there,
until we needed to transfer her to a nursing home before her death.
I deeply resent the implications I have heard from some Walnut Street
neighbors, that seniors who are in need of affordable low income housing
are undesirable and a threat to the community. My mom was one of the most
unselfish, hard working, kind individual I ever met and she was entitled
to have affordable, safe housing. It would never even occur to her to hurt
a small child. Her grandchildren were her greatest joy. My mother's story
is typical of seniors who require affordable housing. By the way, should
catastrophic medical expenses deplete our savings, my S.S. check is $566
per month. Where do I go if my husband dies first?
Rockwood South is located at 25 & Rockwood and believe me, that
neighborhood is every bit as beautiful as Walnut Street and the neighbors
there don't seem to have a problem with that facility. Is someone with
low income like my mother, to be denied safe housing because they can't
afford the $2000 per month at Rockwood after buying in, or even the $800
plus rent for an apartment in Spokane Valley? I urge the Council to
approve this zoning change. Thank you
StJohn Vianney (2)
My name is Bill Mihalic, I live at 10824 East Steve Lane, Spokane Valley, WA 99206
Since I have had a letter published in the Valley Voice and mailed you another letter on
March 28, 201 l, I hope you had time to review my position and azguments for the
proposed housing on St John Vianney property. I am not a newcomer to contested events
having served as a Township Supervisor, Naval Officer during WW II and Union
President of an IBEW local.
At the last meeting of council, I watched a lady review slides of pazcels under
consideration for a building permit. She described each location. However, when she got
to the last slide, she stated, "T'his is St John Vianney property of X acres and we oppose".
I expect more for my tax dollars. Oppose? On what grounds? That comment was like a
kick to my solar plexus. She was, perhaps inadvertently, opposing my constitutional right
to practice my faith. It is evident that the planning commission is not aware of rights of
the church to practice their faith. This includes feeding and housing of the poor and
needy.
In fact, you aze mandated under the Free Exercise Clause of the First Amendment to
grant the building permit.
Freedom of religion is a basic human right that no government may lawfully deny, it is
not a gift of the State, but instead is rooted in the inherent dignity of the human person.
I can't help but feel that a cloud of negativity exists. Are we growing too old to have a
plupose? Are our walkers and wheel chairs in your way? Kindly say, "excuse me" so we
can move aside and not impede your progress.
The case of Tent City cited in my letter was approved by the City of Mercer Island and
prevailed over Mercer Island Citizens for Fair Process in the court. Although a tent city is
legal, St John Vianney's intent is to continue being a good neighbor by creating a quality
permanent structure.
While the TUA (temporary use agreement) is temporary, there are 33 cases of various
uses referenced during this trial. One went to the Supreme Court of Ohio, but the
churches prevailed in all cases.
To prolong this discussion is self-serving and time consuming. It's time to move on. It is
time to be the Good Samaritan and help our fellow man. Isn't that the role of a good
community?
, I ha.ve a copy of the Judge's decision in the Tent City case and the
background on RLUIPA . I can leave this with the City Clerk, if you wish, for your
perusal• —
� e L/ C I oG1 S' L A"1 D c�t 5T /i. S7 / T U�7"'j o,,vig L/� �� T�� k�b ��' �I �P"
����l��i��- Cz,,��or� �- Zar�
� � �� „� � �
�
�� � ��
• � ��.a,w� �Kw. ;��F
1 23) Declaration ofJeremy Culumber Re: Scheduling SummaryJudgment Motion
2 Hearing (Mazch l0, 2009);
3 24) Declaration ofJane Ryan Koler in Support ofResponse to Methodist Chruch
and SHARE/WHEEL's Motion for Summary Judgment (April 12, 2009);
4
25) Fourth Declaration of Tara Johnson (Apri120, 2009);
5
6 26) Declaration of Jane Ryan Koler in Support of Plaintiff's Motion to Shorten
Time to Hear PlaintifJ''s Motion [o Allow Filing of Overlenglh Reply Brief
� (Apri121, 2009);
8 27) Fifth Declaratian of Tara Johnson, and attachments thereto (Apri123, 2009);
and
9
10 g) The pleadings, papers and other evidence presently on file with the Court
Clerk.
THE PARTIES' MOTIONS AND CROSS-MOTIONS were consolidated by the
2
Court on September 22, 2008, and were heazd together. The Court decided these motions
13
after hearing argument by counsel for the parties on April 24, 2009, and considered that
14
argument in addition to and in conjunction with the foregoing pleadings, memoranda,
15
affidavits and other evidentiary materials.
16 gASED ON THE FOREGOING and pursuant to CR 56(c), the Court finds as
17
follows: (1) There are no disputed material facts with respect to Defendant City of Mercer
18
Island's Motion for Summary Judgment Re: All Remaining Claims dated August 28, 2008,
19
the City of Mercer Island's request for Summary Judgment on the merits as set forth in the
20
City's Response brief in Opposition to Summary Judgment dated April 13, 2009, or Plaintiff
21
Mercer Island Citizens for Fair Process's Cross-Motion for Summary Judgment dated
22
September IS, 2008; (2) that the issues presented the parties' motions are pure questions of
23 law, and that law is clear; (3) as a matter of law and based on the undisputed facts in the
24
record Plaintiff s Cross-Motion for Summary Judgment fails, and Plaintiff cannot establish
25
liability against the City of Mercer Island for a due process violation or for damages or
26
attomey's fees under 42 U.S.C. §1983 and §1988 or for any other relief and, therefore,
27 ORDER GRANTING SUMMARY NDGMENT
TO DEFENDANT CITY, DENYING
PLAIIVTIFF'S MOTION FOR S.J., x�Twc BUCKLIN dc MCCORMACK, ING r.s.
AND DISMISSING CASE WITH PREJUDICE - 7 �„�,�„ruw
!00 fIFTM AVEMIE.6UIiE �1�1
gFj1T'RE, WAEMINGTON M7 W J110
/hqNE: (7W)f2}ONt
FAX: (700I t21W2]
. �
1 Plaintiff's Motion for summary judgment must be denied; and (4) that as a matter of law �'
�
2 and based on the undisputed facts in the record, Defendant City of Mercer Island is e�pttfod
3 to dismissal of all claims against the City in the Plainttff's �i�t A�d Co�plaint and,
4 therefore, the ��ty of Ivt�� ��� �� @�t�t�@� t(d ���f� h1��iL-!�� $1i��� ��'I�'�
5 Motion for Summary Judgment Re: All Remaining Claims dated August 28, 2008 and on the
6 merits of Plaintiff s remaining claims as set forth in the City's Response in Opposition to
7 P{aintif�s Cross-Motion for Summary Judgment dated April 13, 2009.
8 NOW, THEREFORE, IT IS HEREBY:
9 ORDERED, ADJUDGED AND DECREED that Defendant City of Mercer Istand's
10 Motion for Swnmary Judgment Re: All Remaining Claims dated August 28, 2008, and the
11 City's request for Summary Judgment on the merits as set forth in its Response in
12 Opposition to Plaintiff s Cross-Motion for Summary Judgment dated April 13, 2009, is
13 hereby GR�NTED; and, it is hereby further
14 ORDERED, ADJUDGED AND DECREED that the Plaintiff s Cross-Motion for
I S Summary Judgment dated September I 5, 2008 is hereby DENIED; and, it is hereby further
16 ORDERED, ADNDGED AND DECREED that all of the remaining claims and
17 causes of action in the Plaintiff s First Amended Complaint are hereby dismissed with
18 prejudice, and PlaintifFs First Amended Complaint is hereby dismissed in its entirety, and
19 without costs to the Plainti�; and, it is hereby further
2p , Defendant Cit
21 I vu ing party on ', to
22 a ' ts.
23 DATED this � day of April, 2009.
24
25
HONO BLE MICHAEL FOX, JUDGE
26 �
27 ORDER GRANTING SUMMARY JUDGMENT
TO DEFENDANT CITY, DENYING
PLAINTIFF'S MOTION FOR S.J., K�►„NC, BUCKIlN & MCCORMACIC �NC., r.s.
AND DISMISSING CASE WITH PREJUDICE - 8 A7TORNEYS�TLAW
!00 FIFTFI �VEIN� SIME �1N
6EATTlE. WAWIIGTON H/0a-7175
. PNqE: (Y06/621Nl1
FAX: C�1717-Nt�
Page 1 of 2
RLUIPA.org
� �
. Home
. Back r� ound
. Scholarship
. Media
• Cases
• Resources
Background
The Religious Land Use and Institutionalized Persons Act was passed by
Congress on July 27, 2000, and was signed by President Clinton on September
22, 2000. Its language was drawn from a similar bill (the "Religious Liberty
Protection Act") offered in Congress in 1998 and again in 1999.
The following documents will provide the reader/researcher with detailed
additional information about the law:
• The full text of The Religious Land Use and Institutionalized Persons Act
. President Clinton's statement upon signing the law, September 22, 2000
. All Bill Summary & Status Info: House, Senate
. Bill Status: House, Senate
. Cosponsors: House, Senate
. Legislative History: House (Part 1, Part 2, Part 3, Bill Report 106-219),
Senate
. Hearings:
o The Subcommittee on the Constitution of the House Judiciary
Committee held hearings on May 12, 1999, on HR 1691 ("Religious
Liberty Protection Act of 1999"); on June 16 and Julv 14, 1998 on
HR 4019 ("Religious Liberty Protection Act of 1998"); and a series
of hearings on July 14, 1997, February 26, 1998 and on March 26,
1998 ("Protecting Religious Freedom After City of Boerne v.
http://www.riuipa.com/index.php/topic/20.htm 4/11/2011
Page 2 of 2
Flores") The committee also held an earlier, more general hearing,
on July 23, 1996 ("Legislation to Further Protect Religious
Freedom"). In 1995, the subcommittee held a series of field hearings
on "Religious Liberty and the Bill of Rights" on June 8, June 10,
June 23, July 10 and July 14.
o The Senate Judiciary Committee held hearings on June 23 and
September 9, 1999 on "Issues Relating to Religious Liberty
Protection, and Focusing on the Constitutionality of a Religious
Protection Measure." (U.S. Government Printing Office document
67-066.)
■ The Senate Judiciary Committee website offers the prepared
statements of Senators and wimesses at both the June 23, 1999
hearing and the September 9, 1999 hearing, but the site does not
appear to be well maintained. The better aption is probably to
access the full transcript contained in the GPO document
referenced above even though the file sizes are very large and
they will take quite a while to download on a dialup connection.
■ On June 23, 1998, the Senate Judiciary Committee held a
hearing on S.2148, the "Religious Liberty Protection Act of
1998," which, with modifications, later became RLiJIPA. The
Committee web site posts the prepared statements of Senators
and witnesses at the hearing.
■ On October l, 1997, the Senate Judiciary Committee also held
oversight hearings on "Congress' constitutional role in
protecting religious liberty in the wake of the Supreme Court's
decision in the case of City of Boerne v. Flores," but the
committee web site provides only the list of witnesses.
Da any of these question apply to you?
. Is your worship space under attack by the zonin� board?
. Do you know a prisoner denied religious freedom?
. Got a c�uestion?
. Want to help?
Receive our monthly E-Update on all religious liberty issues.
Your Email Address � �
http://www.rluipa.com/index.php/topic/20.htm 4/ 11 /2011
�f'tstoric �'reser�ation �lanning � I�esign
Lir►da Yeomans, Principal
501 West 27� Avenue, Spokane, WA 99203
lindayeomans@comcast. net
(509) 456-3828
Historic Register Nominations - Cultural Resource Management -- Investment Tax Credit Applications
April 7, 2011
City of Spokane Valley City Council
11707 E. Sprague Avenue, Suite 106
Spokane Valley, WA 99206
RE: Proposed New Construction and New Use on North Walnut Road in Spokane Valley, WA
Dear City of Spokane Valley City Council,
As you are aware, new construction and new use—whether appropriate or not—is being proposed far
property which is located along North Walnut Road in the North Walnut Road neighborhood in Spokane
Valley, WA.
You may not be aware, however, that the aforementioned North Walnut Road neighborhood may be
eligible for historic register listing as an historic district�ne of the few areas in the valley that may
qualify as a historic landmark.
The North Walnut Road neighborhood is composed of mostly single-family homes that were built 50
years or more ago and is fairly well-preserved—a rarity when so much has been altered or lost. Taken
together, the homes form a nearly contiguous facade of intact historic architecture that illustrates a variety
of styles and building products popular during the first half of the 20`�' century. The homes are good
examples of Tudor Cottage, Tudor Revival, Colonial Revival, Craftsman and vernacular styles, and all
face North Walnut Road which is, surprisingly, lined with true walnut trees. One house is particularly
significant to the North Walnut Road neighborhood and the Spokane Valley as a Craftsman-style
bungalow which is clad with smooth, round cobblestones. Washed by decades of moving snow, ice, and
water, smooth round cobblestones are indigenous to waterways and the Spokane Valley, and help tell the
unique geologic story of the area. In summary, the North Walnut Road neighborhood is a"diamond-in-
the-rough," an architecturally significant historic neighborhood that helps to convey the special
development, settlement, and history of part of the Spokane Valley.
May I ask you to only allow proposals for new construction and new use that do not damage, disturb, or
destroy existing significant historic environments? Please look at what exists today to guide what may be
architecturally compatible and use-appropriate for tomorrow.
.� n �
Sincerely, �,
���� ��
Linda Yeomans �-=
Xc: Shelly Stevens, 312 N. Walnut Road, Spokane Valley, WA (shelly.stevens@rbc.com)
A persona! resume for
Ginda �eomuns
Professional Planner, Historian, and Preservation Consultant
Historic Preservation P(anning & Design, Principal
501 West 27"' Avenue, Spokane, WA 99203, (509) 456-3828
lindayeomans@comcast net
SELECTED AWARDS
2010 "Rising Star" Award from Spokane Convention & Visitors Bureau
2009 Washington State Preservation Award for Rehabilitation of Certified Historic Property
(in collaboration with contractors for owners of the Arctic Club Hotel, Seattle)
2005 Washington State Preservation Award for Rehabilitation of Certified Historic Property
(in collaboration with contractors for owners of the Spokane Club/American Legion Building, Spokane)
2002 Washington State Preservation Award for Rehabilitation of Certified Historic Property
(in collaboration with contractors for owners of the Holley-Mason Building, Spokane)
QUALIFICATIONS
Historic Register Nominations
Washington State Multiple Property Historic Resource /nventories
Federal /nvestment Tax Credit Certifications
Cultural Resource Management
Team & Individual Leadership
Published Author
Project Management
Education
Volunteer Activities
. Founding, managing, and directing Historic Preservation Planning & Design, a successful consulting business since
1997.
• Completing and presenting National, Washington State, and Spokane Historic Register Nominations—both individual
nominations and district nominations—for significant historic houses, districts, gardens/landscapes, and commercial buildings
with a current total of more than 200 listed properties located in Washington and Idaho.
• Preparing Multiple Property Historic Resource Inventories for the Washington State Department of Archaeology & Historic
Preservation for more than 1,500 properties located throughout Washington State.
. Preparing and submitting Federal Investment Tax Credit Applications for Certified Rehabilitation of Historic
Properties, resulting in a total of more than $40 million dollars in tax savings to multiple property owners.
• Organizing and directing more than 25 historic home, garden, & neighborhood tours in Spokane for a variety of groups
and organizations, including Spokane Preservation Advocates, Allegro Baroque & Beyond, Friends of the Moore-Tumer
Heritage Gardens, Manito-Cannon Hill Neighborhood, and the Northwest Museum of Arts & Culture (mostly volunteer work).
• Authoring articles about historic homes, gardens, buildings, towns, and neighborhoods for multiple historic home tours, City
of Spokane Parks & Recreation Dept, various newsletters, concert programs, and books and magazines.
• Teaching classes/giving field trips-tours on historic preservation and historic architectural styles in Spokane and Eastern
Washington through the Corbin Art Center, 2003-05.
EDUCATION
BA Urban/Regional Planning & Design, EWU, Cheney, WA, 1996
BA Fine Arts/Architectural History/Art History, WSU, Pullman, WA, 1973
On September 11 2007, I submitted to the Council, my opinion regarding zone
changes in North Greenacres. I have attached that letter (see attachment 1) to remind
this Council of what was a very poor and contentious relationship between the previous
Council and the residents of North Greenacres.
Looking back, with the exception of a neighborhood park, we have gained little and
progress has won the war.
I want to specifically address the road improvements on Mission Avenue intended to
accommodate pass through traffic connecting to Indiana and Mission Parkways. We
are once again (see attachment 2) requesting that the City mitigate the impact of what
once was a quiet neighborhood with a reduced speed zone based on the following:
1. Dividing the neighborhood with a minor arterial is in conflict with the
comprehensive plan.
Minor Arterials: The minor arterial street system interconnects with and augments the principal arterial
system. It accommodates trips of moderate length at a lower level of travel mobility than principal
arterials. This system places more emphasis on land access than the principal arterial system. Such a
facility may carry local bus routes and provide intra-community continuity, but ideally does not penetrate
identifiable neighborhoods.
2. North Greenacres was defined by previous Council as not meeting
"neighborhood" standards with lack of participation and evidenced by Councils'
recorded meeting which prompted my 9/11 response. Council gave planning the
impetus to manipulate code and create higher density developments. I find it
ironic that we are now regarded as one of the most active and involved
"neighborhoods" in the City of Spokane Valley even though our "participation" at
that time was more intense.
3. Also ironic, is the fact our neighborhood transportation plan was submitted to the
City in 2005. That plan included a roundabout at Long and Mission and was
intended to slow increasing and often speeding traffic. We were aware of
imminent traffic issues at that time and we seem to have been left out of the
equation once again.
4. A speed limit for the eventual school zone will slow traffic sporadically. However,
the park will draw much pedestrian traffic from the new developments in
Greenacres and Riverwalk to the east due to postage stamp sized lots in both
areas. We have already witnessed children playing in the streets in Greenacres.
There are no "yards" large enough to play in. 35 MPH is too fast to brake for an
unexpected pedestrian encounter, especially when drivers push the limit to 40
PLUS MPH as proven by the death of a young man on Flora Rd. last year.
5. Broadway is also on the map as a minor arterial and also conflicts with the
Comprehensive Plan. Broadway and Mission are approximately one half mile
apart. Does that mean we are going to be in the middle of a central business
district? Don't misunderstand my intentions. Broadway will help to mitigate a
small amount of Mission's increased pass through traffic and it won't be near
enough.
Minor Arterials: The spacing of minor arterials may vary from one tenth to one half mil (1I10 —112) in
central business districts, and two (2) to three (3) miles in suburban fringes, but is normally not more
than one (1) mile in fully developed areas.
6. On the SEPA Checklist Review for Indiana/Mission extension project and
resulting DNA, question number 7, page 2 asked if there were any plans or
further activity related to or connected to that proposal. The "NO" answer seems
obviously and grossly misstated in an effort to facilitate the city's agenda.
Increased traffic will directly impact 74 property owners on Mission Ave. and the
neighborhood in general.
7. Mission Ave. west of Sullivan has a speed limit of 30 MPH while driving through a
residential area. I see no reason why the same criteria, that allows a reduced
speed limit in an area with fewer homes, cannot be applied to Mission Ave.
between Barker and Flora.
Thank you for your attention,
Pete Miller
18124 E Mission
(509) 869-6070
• ,',., �.. � C �� C-�( Yf'�.-��' `°' �
September 11, 2007
I listened to you closed session tapes of last Wednesday.
Mr. Gothman — Thank you for your comments supporting public testimony and
the planning commission recommendations.
This is what I heard when you deliberated title 20:
Steve Taylor recommended changing the 40,000 square foot zoning in R1 to
25,000 square feet based upon, what I understood to be, a series of letters from
Lynn Vogue. He stated there would be no substantial changes in the
neighborhood. He also stated if every lot could be subdivided, the areas affected
by that change would see less that 15% ownership take advantage of that zoning
change. Rather than create a regulation to accommodate Mr. Vogue you wisely
chose to keep the 40,000 square foot zone.
Greenacres seems to be a different story. The Planning Commission felt that
because the North Greenacres community was the ONLY ONE to pay for and
receive approval for a zone change from R7 to R 3.5 they were entitled to keep it.
Mr. Taylor stated the community's rezone was ONLY temporary. If the applicants
thought their efforts were going to be TEMPORARY, YOU CAN'T honestly believe
they would waste their time, effort and money.
HERE is ALSO what I heard during that taped meeting:
1) The area is ripe for RE-development
2) I could hear two council members joking in the background stating and I
quote, " you mean
DE- velopment. "
3) Maintenance of the area is not very high.
4) Residents in the area are not visualizing the difference between 4 or 6
homes per acre.
5) We need to do it now or we'll have to do it somewhere else, (referring
to giving Greenacres what I call the shaft).
6) Steve Taylor recommended the Greenacres zoning changes based upon
a lack of input from citizens. In the Ponderosa's case, I must assume
ONE is enough.
7) Bill Gothmann countered and stated there were 700 comments
supporting the 10,000 square foot zoning. He counted them.
The majority of the council gives us no credence. This is NOT just Mary Pollard's
opinion. This is the opinion of an outspoken majority of many Greenacres
citizens. The neighborhoods outcome is obvious. With a simple developer up-
zone application, we suddenly have a determination of non-significance and a
HIGHER density.
Mr. Connelly advised you, again I quote, "When you deviate from planning
commission recommendation, it would be helpful if you worked with staff and
TRY and tie it to something in the comp plan. You need findings to justify the
change. You make the decisions we have to defend in court."
Bill Gothman stated leaving the 10,000 square foot zoning in Greenacres north of
Mission WILL STILL MEET GMA requirement and you chose to ignore it.
I am asking that you do not create or go in search of a regulation to deprive North
Greenacres of the 10,000 square foot zoning recommendation.
Pete Miller
18124 E Mission
Greenacres
.���- ���.�,w�� z
North
Greenacres
Neighborhood May 23, 2006
■
Pianning
Committee
city of
Spokane Valley Dear Honorable Ma or & Council Members
Washington y �
Chairwoman May 3, 2006, North Greenacres Neighborhood held a neighborhood meeting
Mary Pollard at Greenacres Christian Church. One of the items of concern was reducing
17216 E. Baldwin the speed limit on Mission Ave and making it consistent with the Mission
Gree 99016 � WA just west of Sullivan by reducing it to 30 miles an hour. We were advised
Board that only the council can make this change. We are formally requesting that
Kurt Parker the council protect their citizens by reducing the speed limit due to all the
Gail Sherrodd
Diane Johnson traffic cutting through this area.
Nancy Miller
7ohn Patrouch In addition
Bob & Laurel Ladd , we would like to request that Mission Avenue road
Brian & Sue Wood improvements between Flora and Barker Rd. be only a two lane with bike
Sue Bracken paths in order to make this pedestrian friendly environment.
Nancy Miller, North Greenacres Transportation Chair attended a training
seminar that the Department of Transportation held here a week ago and
.;, _ ��•'�y� discovered that the sidewalks ending abruptly into existing properties and
�'#� . ����� �" not blending into the shoulder of the rod — the available pedestrian walk area
is a violation of the ADA and opens the city to lawsuits. We have also
��' thought it strange to begin utilizing a sidewalk and then be cut off by a
.� �.
swale — a handicapped person would have to back track to the corner to
utilize the shoulder of the road or to walk next to the curb in order to have a
' continuous terrain to travel on.
�;''`
� ,;
These three issues need to be addressed.
- �,r�-' Sincerely,
�:�:
Mary Pollard
Chairwoman
�� , � - North Greenacres Neighborhood
, r
.
\ ��
�'.