2011, 04-26 Regular Meeting Minutes MINUTES
Ciry of Spokane Valley
City Cuuncil Regular Meetings
Formal Meeting Format
Tuesday, April 26, 2011
Mayor Towey called the meeting to order a[ 6:00 p.m.
A(tettAanre� C'N Statf
Tom Towey, Mayw Mike Jackson, CiTy Manager
Gary Schimmels Deputy Mayor Cary Driskell, Acting City Attomey
Rill Gotlimann, Councilmember Ken'fhompson, Finance Director
Dean Grafos, Councilmember Rick VanLewen, Police ChieC
Brcnda Grassel, Councilmember Mike Stone, Parks & Recreation Director
Arne Woodard, Councilmember Neil Kersteq Public Works Director
Christina lansseq Assistant Planner
Mike Basinger, Senior Planner
Lori Barlow, Senior Planner
Micki Hamois, Associate Planner
Morgan Koudelka, Sr. Adminishative Analyst
Carolbelle I3ranch, Public lnformaiion Officer
Chris Bainbridge, City Clerk
INVOCATION: Pastor Ben Orchard of Valley Bible Church 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.
APPROVAL OF AGENDA: !t was rnoved by Depury Mrryor Sclrinunels, seconded �nd wmninrously
agreed !o apgrove (he ngenda. �
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS• n/a
COMMITTEF., BOARD. LIAISON SUMMARY RFPORTS•
Counc il�nembe r Woodard no rcport.
Councilmembcr Gothmann: reported that he attended the Spokane Regional Health Departmenl
recognition evenl Por their employees; went ro a Chamber of Commerce breakfast where they discussed a
futurc medical school; attended a Pinancial Awess meeting, which is a branch of SNAP, and he gave an
update of their tinancial sta[us; went to Discovery Playground opening; participated in the Governance
Manual meeting; attended the Board of Health Gxecutivc mee[ing where it was mentioned Hiey will not
reducc reserves �his year as ihought eadier; went to a 9-I-1 Board meeting wnrerning consolidation of
dispa[ch for thc area, and mentioned Ihat revenue is coming in ahead of budget but they will have to gu [o
the bond marhet in June duc to cash Flow issues.
Councihnember Graf�s: said he attended the Growth Managcment Ac[ (GMA) Board meeting where [hey
continue [o work on land inventory in [he County; and atte�deA the State of the City address at Seth
Woodard school.
Deputy Mavor Schimmels: esplained [hat he attended an F.conomic Development meeting in Seattle
where they diseussed lowl economic wmpetitiveness in a global area, which mecting was hosted by the
'17ade Developmen[ Alliance of Creater Seattle, which hosted a delegation of ninety Chinese leaders from
six mejor cities io China, and said pedieps he could give an in-depth report on [his meeting at an
upcoming Study Session; he reported that he also attended the State of the City address last week, and the
Open House at Discovery Park, as well as a Washington State Department of Transportation Open House,
Council Reguler Mu�i�g 04-26-2011 Page 1 of6
Appmved hy Council�. OS-10-201 I
and mentioned an upcoming communiTy meeting Thursday at the Hope Lutheran Church on East
Broadway, where they will discuss such projec[s as the Barker Road interdiange through Harvard.
Councilmember Grassel: said she attendeA [he State of the City addresses, and [he GMA Steerin�,
Committing ineeting, as well as [he Discovery Park opening.
MAYOR'S REPORT: Mayor "Ibwey reported [ha[ he met wi[h Liberty Lake Mayor VanOrman; heard a
Pederal Transportation Report from Representative McMorzis Rogers at the Lincoln Center and
mentioned [hc rcport was favorable concerning ftmding for [he north Spokane corridor; and said that he
has viven threc Sta[e of [hc City addresses now with [he final address scheduled for Thursday at 12:30
p.m. at CenterPlace. Meyor Towey [hen read proclamations for Public Service Reco,Smition Week, and
Municipal Clerk's Week, and DepuTy Mayor Schimmels read [he Worker's Memoriu! Doy prodamation.
PUBLIC COMMF.NTS: Mayor 7'owey invited general public commen[s.
Mike Thompso i 10319 G Spraeue Avenue� gave an upda[e on [hc Pire Deparhnent's process [o achieve
[heir Intema[ional Fim Service Accredita[ion; said [hcir Department was [horoughly ezamined with ovzr
200 performance measures in mind: that about 90 of those measures were core compctencies; that the site
team came in last week and spent about [hree and one-half days with [hem and said lhe department will be
recommended for the Intemational Acereditation at the end oC August; he said ihe Department did an
exemplary job and he is very proud of the Spokane Valley Fim Department and what they have
accomplished.
Mr. Alan Creach. Manaeer of the Plant Fann at 14208 E 4' and resides at I S 10R F 18"' Court Spokai
Vallev: via the city clerk, he distribu[ed handou[s to Council, one of whieh was RCW 46.08.065 and the
other was a fact sheet conceming unmarked vehicles. Mr. Crcach said the RCW deals with the rules and
codes of Washington that demand and specify that cars used for patrol purposes are to bc marked, wi[h
one exception concerning confidential or undercover investigative instances; he s there aee unmarked
cars in patrol in [he valley nll the [imc; and said his father was killed by a Spokane Policeman who was
operating an unmarked car, that his father had responded to what he thought was a theft, and went ou[ [o
investigate while carryine a handgun; and said by that officer's own testimony, [hat his father did not
threaten tlie officer ur poin[ the weapon at him; and when identification was made, he backed away from
[he car and pushed his gun in his back waistband. Mr. Creach said his father was 74 years old with
eyesigh[ problems, i[ was late at night and tlie car was parked in a dark area. He said Mayor Towey
previously made reference to the fact [hat an investigation and a decision was madc by the prosecWing
attomey; but Mr. Creach said [hat investiga[ion qmted tlia[ the angle o( wound was slightly downward;
and said [ha[ [he prosecuting attorney made his decision and informed the family months before he made
such decision public, [hat he would not be making eny charges against that officer. Mr. Creach said later
whcn lhe facts ac[ually came oul, the downward angle of Hia[ wound was 56 downward, which he said is
not slight. Mr. Creach said had that car been marked, he doubts his father would havc concluded [hat
tlieft was occurring and said for [he safety and security of the wmmunity citizens, he asked ihe Mayor ro
require [he Sheriff to follow the laws of Washington and mark [he patrol cars; and if the Sheriff is oot
willing to do that, tlien he asked Council to pass an ordinance [hat within this ciTy, the SherifC would be
reyuired to operate patrol cars with tlic appropriate markings required by law. Mr. Creach said he
addressed Council several monlhs ago aboul this issue, and said he was expecting [ha[ Council would
have reactcd and done someihing, and said he finds it disappointing tha[ Council has done mthing; and he
qmted from the bible, [hc last verse of the Book of Judges, Chapter 19: "and it was so that all tha[ saw il
said Ihere was no such deeA done nor seen from the day [ha[ the children of Israel came up out of the land
of F,gypt until this day; consider of it, take advice and speak your minds." Mr. Creach challenged Council
to read that chaptcr.
Beryl Fitzoatrick 16801 E 44 Ave. Grcenacres: said [hat she is not a Spokane Valley city resident but is
a resident of Spokane Valley; said that [hey brought up [his same issue at one of the communiTy mee[ings;
Council Regular Mec[ing U4-2(-2011 Pnge 2 uf6
Appvovcd by Councilo OS-10-201 I
and said she wanted to see if Council was going [o pursue this and make surc that officers follow [he laws
of Washingmq a�d if not, why noC and if so, she askcd when can residents expect that to occur.
MarA Henderson 831 S Shelley Lake Lane: said he is a property owner on Sprague Avenue and he is here
to voice his suppor[ for the amendments going forward wncerning SARP. Mayor Towey explained that
is an action item and there will be opportuniTy for comment during tha[ agenda i[em.
Mc Chris Williams 14105 E 8 Avenue: also spoke regarding unmarked cars and use of those unmarAed
cars as a block for patrol officers on priva[e property on businesses like St. Mary's Catholic Church; said ,
he has seen those unmarked cus on Vaffic patrol and not as an undercover operation; and said it is
difGciJt to keep to the posted speed limit when you see Ihose men wai[ing [o ticket you; and tell you were
going one speed anA tlien write a ticket for a different speed, and said tha[ is a practice of setting pro[ocol;
and said a message needs to be sen[ to thc Sheriff's Office that if [hey are to hold citizens accountable [o
the law, then the reverse is true.
Richard Behm 9405 E Sorae : said he owns commcrcial property in Dishman; and said for years he has
encouraged the Shcrifl's Department and now [he Spokane Valley Police Department, ro use his property
and park there when they wish as it is a dehiinen[ to vandalism; and said if this is a qucs[ion about the
legality of what [hc Sheriff is doing, he would request Council to ask the CiTy Manager and City Attomey
to make a public city stand on this to state tliat they consider is legal conceming the actions of the
SherifPs Department.
Councilmember Go[hmann said therc were some people tonight asking for a response; he said he is
stating his opinion and no[ that of the CounciPs, tliat he is not a lawyer, but has read [he State Statu[es
carefully concerning [his issue and tha[ he feels [he statutes do pertnit unmarked cars, and said he noted
there has been e 40°/ increase in poliee fatalities from last year. Qouncilmember Woodard voiced his
empathy for [he Creach family and those concerned and said he feels they are entiNed to hear the position
of Ihe city and Niat ci[izens should ge[ a response a[ some point as to the city's position.
L CONSENT AGENDA: Consists of i[ems considemd rouline which are approved as a group. Any
member of Council may ask ihat an item be removed from ihe Consent Agenda to be considered
separately.
a. Approval of [he following claim vouchers:
VOUCHER I.IST DATG W/VOUCIIGR NUMBERS: TOTAL AMOUNT
04/07/20I1 22556-?2572 $12,873.51
04/08/2011 22i73 ?2602;405110009 $27q,88q21
04/ I S/201 1 22607-22660 $375,022.75
04/IS/201I 22661 ?2682 $143,325.67
GRAND TOTAL $806, I06.14
b. Approval of Payrol I for Period F.nding April 15, 201 l: $247, I33.10
c. Approval of Resolution 1 I-004 Setting Pla�ming Commission Public Hearing for
Street Vacafion STV 01-1 I
d. Approval of Ciry Council Minutes of April 12, 201 I Pormal Meeting �ormat
e. Approval of City Council Miimtes of April 19, 201 I Smdy Session I�ormat
It was moved by Deputy Mayor Schi�mne7s, seconded ond unanimously agreed to approve �he consent
agenda.
NF,W BUSINESS
2. Second Readine Proposed Ordinance I I-006 Livestock in M'eed Use — Chrislina Janssen
After City Clcrk Dainbridge read the ordinance title, i[ was moved by Depury Mayor Schimnrels and
seconcled m approve Ordinance / 1-006 amen�ling Title 19 concerning peru�ilied and acressory nses, an�l
mrimn! rnising und keeping, as drafred. Assistant Planner Janssen gave a brief overview of the history of
Cuuncil Re6ular Meetine 0426-201 I Page J of6
Apprwed by Council: OS-10-2011
the proposal, and of [he changes as noted in [hc ordinance. Mayor Towey invited public comment. Ms.
Chris Pe bone 18009 E Cowlev said she feels it would be vcry progressive to have Council approve
this. 7here were no other public comments. Vote by qcdamatlon: ]n Fovoc Uttanimous. Opposed�
Norre. Mo[ion carried.
3. Second ReadinR Pr000sed Ordinance I I-007 Como Plan Amendments CPA 01 ll and CPA 04 I1
throup,h CPA 08-I 1- M kc Ba n cr
After City Clerk Bainbridge read [he ordinance [itle, it was mm�ed by Deputy M�ryor Schimmels and
sernnded (o ndopt Ordinuirce I!-OOZ As he did at[he previous �st ordinance reading, Senior Planner
6asinger gave a quick ovcrview of whal has been covered [o date, adding that Ihe changes lo lhe charts
recommended al [he last council mectino, have been made. Mayor Towey invited public comment, no
cominen[s were offered. Vote by Acclu�i�aliorr: L� F'uvor: Unanineou.e. Opposed: None. Motion ecrrried.
4 Serond Readin Pr000sed Ord'nance 1 I-008 Co Plan Amendments Zod Mao Ame dme us CP
A 01-I I and CPA 04-I I throu h CPA 08-I I- Mik Rasin er
After Oty Clerk Bainbridge read the ordinence title, it was mnved by Depaity Mayor 5'chi»rmels und
seconded m udop! Ordinmice ll-008. Senior Planner Basinger ezplained that this ordinance addresses the
mning map to reFlect the comprehensive plan amendment locared a[ Pmgress and Sprague. Mayor Towey
invimd public commen[; no comments were offerecl. Vote by Acclaniatinn: !n Favor: Unanimmrs.
Opposed: Na�e. d4olion cmried.
5. Second Readi�ie Pr000sed Ord'nance I1-009 Como Plan CPA 03 l l Sorague/Aoplcwav Rev�t liza[io
Plan SARP)-Mike6asmeer
After City Clerk l3ainbridge read the ordinance title, it was moved by Depury Mrryor Schim�ncLr und
secarded, m odop� Ordinunce !/-009. Attorney Connelly explained that [his ordinance would delete
600k I of Ihc SARP and amend the comprehensive plan map and return [hc comprehensive plan
dcsignation to tliose which preccded thc adoption of SARP in the fall of 2009; he said that the Findings
are included in the ordinance and werc discussed in Aclail a[ the last council meeting, and there have been
no ch�nges to thosc �indings; and said that lhis is the companion ordinance to ordinance 1 I-010 which
will amend Hic zoning code. Mayor Towey invited public comment. Mark Ilenderson 831 S Shellev
lake encouraged Council ro pass the ordinance to elimina[e the SARP plan. Chuck Hafner 2417
Sunmbrook Lanc said hc is not for con[inuing [he SARP, and spoke of the quality of life of citizens in
Spokane Valley, and that SARP docs not reflect [hat yuality of life, and he encoureged passage of lhe
amendmenL Dwight Hume. 9101 N Moun[�'n View Lano said that last week he said he represen[s [hree
Iand owners who wllectively conhol 27 separate parcels in [he SARP area, and said [hey were
encouraged by council forwarding [his to a second reading und [hey were pleased to be able to now Tows
on a nonnal market IifesTyle; and [hanked Council for listening [o thc landowners. l'odd Hume 505 W
Riverside Avcnue said he is a lawyer with tlie firm working with CarMax, hclping them loca[e some
property in tlie area, and he commended Council on the repeal of (his plan; and said jurisdictions of this
size have zoning and subarea plans as Pexiblc as possibie, which inccntivizes lhe private sccior to bc
invigorated [o puslt lucal dollars through this cconomy, which he said, is exactly what this repeal will do.
John McNamara Real Fs[a[e Manaoer witli C.�rMax spoke in favor of the SARP repeal; he gave a rccap
of wha[ his company has donc as mentioned previously: that hc met wi[h staff lasl week and from thai
meeting [hey feel confident to proceed wiHt his faciliTy plan. William `Mad' Whiteford 6U1 Wcst Main
Avenue. Spokane also commended Council on the mpeal of SARP. William Berry 130 V E Aoachc
Pass Lane said he is not a resident but owns property in the ama and he encouraged repcal of SARP,
adding that he had previousiy not been permitted to pu[ in an automotive and glass residential repair shop
bccause of SARP rcgulations; and thal he has been wai[ing sincc January 2011 for this repeal. Susan
Scott 205 S Evereree Road also thanAed Council for [aking tlie time to listen to citizcn concems about
the damaging conscquences (or businesses and adverse affects on new development; and urged the repeal
of SARP.
Covncil Regular Meeting 04-26-2011 Page 4 of 6
Approved by Counci1:05-10401I
Council discussion included commen[s from Councilmember Go[hmann that while the Plan wasd[
perfect, the area needed change; that we s[ill need to comert the $450,000 we pay annually for ciTy hall;
Ihat [he library wants to replace its faeility with a facility be[ween Dartmouth and F,vergreen; Nia[ perhaps
SARP was too Far-rcaching, but changc is needed. Councilmember Grafos said he is not in favor of
SARP; thal he doesn't believe we can attrect economic development with all the restrictions and
regulations, and that we need [o be competitive. Councilmember Woodard said he continues [o hear [hat
the regulations are [oo strict, and sees this as an opportunity to release the regulations and free people to
move forward. DepuTy Mayor Schimmels men[ioned [hat this has gone on for a long time and has resul[ed
in a lot of agony, but believes we are back where we can service citizens wi[h that Ihey need.
Councilmember Grassel said she fecls a forni based code is not progress and not necessary for free
marke[s, and Ihat Hic busincs's owners know besl and government should no[ meddle in their rights.
Vole bv Acdunraiian: br Fcrvor: M�ryor Towey, Deputy Mayor Schixmiels', and Counei7members
Wondnnl, Grujos arid Gr�ssel. OpposeAr CounciLnem6er Go[hmann. Motiori curried.
6. Sccond Readine Pr000sed Ord'nance 11-010 Como Plan CPA 03 11 SARP Zo 'ng Mao Mike
Basin�er
ARer City Clerk Bainbridge read the ordinanoe title, it was moved by Depury Mayor Schinnnels mrd
seronded to udopt rn��linnnce !1-010. Atmrney Connelly explained that [his is [he companion ordinance
to ordinance I I-009just passed, and it will repeai Rooks 2 and 3 of the SARP, and will revise the zoning
map. Mayor Towey invited public comment; no comments were offered. Vote by dcclarnation: hi
Pavor: Mrryor Torvev, Depury Mayrn� Schinnne7s, and Councilmen¢bers Woodard, Grafas, and Grassel.
Opposed:Coimci7memberGa[hmaro�. Motionenrried.
Mayor Towey called for a recess at 7: I S p.m., and recomened [he mee[ing a[ 729 p.m.
7. Motion Consideration� Aoproval of De[ent'on S ices A eeme t Mo an Koudelk
II was moved by Deputy Mayw� Schimraels and secox�led !o aulhorize !He CiN Mmmger or designee m
execxte (he lnter(ocu[ Agreemen! for 7he Provision of Detenlion Sernices beM�een !he Ciry oj Spokone
Val/ey and .5'pokmm Counry. Senior Administrative Analys[ Koudelka went ovcr some of the highlights
of the agreement, including that i[ would be re[roactivc ro January 1, 2010; and is a three-year agreemcnt
which will auloma[ically renew annually un[il either party provides lermina[ion no[ice; that [he agreemen[
combines the Jail and Geiger Interlocal agreements scrvices; creates an advisory group which will meet
quarterly, and includes a fund reserve which will be mWrned at the end of the agreemenL Mayor Towey
invited public comment; no comments were oBered. Vole by Acclan�ation: !n Fmor: Unanimous.
Opposed; None. Mo(ion carried.
8. Motion Consideration: Motions for Mav IO Anplic t lote �ews f Co 'I P'Co !k5 Ma�r
T°wev
Mayor Towey stated [hat he will recuse himselF from this proceeding; that he had a working rolationship
with one of Ihe candidates for Nie past two years. sometimes meeting weekly, and there was a financial
par[ in that he con[inued to assist in his campaign for this fall and [herefore feels [hat the perception of
assumed fairness would bc a[ risk, which he said is ihe basis for his decision, and he turned the mee[ing
wer to DepuTy Mayor Schimmels and left the room at approximately 735 p.m. Deputy Mayor
Schimmels said Council will use the same process for the selection of this position as was used for the
previous council posi[ion, and he noted [hxt John Baldwin has wilhdrawn his application; and Dcputy
Mayor Schimmels upened [he floor for nominations. Ueputy Mayor Schimmels mentioned that to be
in[ervieweA, the candidate must receive at leas[ three votes.
Councilmember Grassel nomina[ed Steven Neill, and the nomination was seconded by Councilmamber
Woodard. Councihncmber Grafos nominated Chuck Hafncr, and said for Ihe record [ha[ Mr. IlaCner
contributed $100 to Mr. Grafos' re-election campaigq but that has no[ affected his nomination tonight.
'Che nomination was seconded by Councilmember Gothmann. Councilmember Woodard nominated
Council Regular Mee[i�g 04-26-2011 Pege 5 offi
Approved by Cowcil: OS-10-2011
Samuel Wood. There was no second so Mr. Wood will no[ be interviewed. Deputy Mayor Schimmels
nomina[ed Ben Wick, and [he nomination was seronded by Councilmember Go[hma�n. It was then
move[I by Cmnvci/ntenrber Woodard, seconded, mrd mranin�ously aqreed (o close Ihe nominatione�. The
vo[es resulted as follows: In favor of interviewing Chuck Hafnec Councilmembers Woodard, Grafos,
Go[hmann, and Grassel. In favor of in[erviewing Stevcn Neill: Councilmembers Woodard, Grafos,
Go[hmann and Grassel. In favor of interviewing Ben Wick: Councilmembers Woodard, Gothmanq
Grassel, and DepuTy Mayor Schimmels Those three applicants will be inierviewed May 10. Mayor
Towey re[umed [o the dais at 7:44 p.m.
PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered.
ADMIMSTRATIVF. REPORTS:
9. Commun'tv Dcvelwment Biock G� UI IOME Consortium C000eraCon Ae ent — S olt K hta
Community Devclopmeni Director McClung extended apologies for Mr. Kuhta's absence as he was
called away right before tonighPs meeting. Ms. McCluno went over some of the background for this item
as per the April 26, 201 I Request for Council Action Corm; and said tliat staff will re[urn to Council May
10 asking for aulhoriza[ion to scnd the rcquired wriuen notice to Spokane County [hat we wish m remain
with the s[a[us quq tha[ of deferring entitlemeot s[atues and participation as part of ihe urban county with
Spokane CounTy. There were no objections from Council m bring this back as a motion considera[ion on
�he May 10 agenda.
10. Advance Agenda — Mavor Towcy
Councilinember Grafos said a[ tlie April 14 finance committee meeting, they discussed tlie Sprague
beautificatiai and stormwater project and he asked when thai would come to full council for revicw. Mr.
Jackson said [hat public works is working on that and they will try to se[ a date at their upcoming staff
meeting. Cnuncilmember Grafos also said that he met with [he owner of the Pain[ed Hills Golf Course
and said lhere has been some serious Flooding, and said wc could losc ihe road is we dodt deal wi[h this
siWation. Mr. Jackson said hc is aware of the his[oricni flooding across that area and public works is
considering some options as a permanent fx. Deputy Mayor Schimmels said that hc would like [o give
perhaps e[hirty-minute summary of that economic development summit he atlended in Seattle, and Mr.
Jackson said he will discuss possible da[es with Mr. Schimmels. Councilmember Woodard mentioned
the 6roadway Stormwater Project and confirmed [hat it is listed as one of Ihe components of the 201 I
budget amendmen[ discu�sion for May 17
INFORMATION ONL\': The Library Quar�erly Report mrd Deparhnett( Reports were for informalion
on[y nnd were �rol reported or disc:evsed.
[[ was rnoved by Deputy A9ayor Schinnnels, seconded and m�onimous7v agreed to adjourn. The mee[ing
adjourned a1 7:59 p.m.
�—o �
ATTES ; T omas E.'towey, Mayor
4't�' i
Ctiristine Bainbrid�e, CiTy Cle c
Cooncil Rcguln� Mce�ing 042F201 I Pege 6 of 6
Appmvcd by CaunciC OS-10-201 I
GENERAL PUBLI OMMENT
SIGN-IN SHEET
SPOKANE VALLEY CITY WUNCIL MEETING
DATE: Apri126, 20ll
GENERAL CITIZEN COMMENTS
YOUR SPEAKING'CI.�iE WILL GENERALLY BF. LIMITF.11 TO THI2GE MINUTE
Please si n in if ou wish to make ublic comments.
NAME TOPIC OF CONCERN YOUR COMPLETE TELEPHONE
PLEASE PRINT y0U WILL SPEAK ADDRESS
ABOUT
V 7 1 5 S in vo -ov
��.1 � h�(L .(� D3 � rR '' ti 3
� ,� �
/,� ��r' �. a� �i
,�U/,4 �90� 7ss-7sbx
GL ,SFf,2� !�b�E.9�,QC'��4iss c�z8-5��6
) �kcJ /hL�n �u l�'e�1S�, c �nnMEC� �u�� � U � u � - l �93 -�ie
p �T� �> �
er �' � p u !� N i�l � � � �/o� �/�8 6
drm� Sf�1ZP 3 / S S6,e�I la«
_ -� 3
KIE- 6z
HAGOOD
C O M P A N Y
��
April 26, 2011
City Council
City olSpokane Vnlley
11707 East Sprague Avenue
Spokane Valley, WA 99206
RE: CPA 03-1 I
Ma,yor "1'owey aud Members of [he CiN Council:
My comments here are my own observa[ions of the farvreaching negative impact which Ihe
SARP presents to the Cih� of Spokane Valley.
In la[e 2007 and early 2008 1 worked with the owners oT the local Chuck E. Cheese
restaurant [o help them secure a new locatioo in eas[ Spokane. The site finally chosen is
located on the north side of Sprague Avenue, west of Progress Road.
The timing of fhe site seareh happened, coincidentally, to wrrespond with the emergence of
the SARP plan. The seleetioo of the Chuck F,. Checse site, which also included [he propert,y
oow ihe site of Inland Northwest Bank, was placed at risk by ihe City's plans to adopt [he
SARP. If ihe SARP's adap[ion had nol bcen delaycJ it is likcly that the Chuck E. Cheesc
owners would have chosen another loca[ian not impacted by SARP, and mos[ likely not
wi[hin the City of Spokane Valley. That woulA hace meant [he po[en[ial bss of both [he
Chuck E. Cheese and Ihe Inland Northwest �ank branch projects.
When retail businesses (restaurau[s, banks, auto supply stores, etc.) eonsider a uew locatioq
thcy nearlg always review numerous location opportunities, not just one. In this way if one
si[e prescnte difficWties, which may involve time consumiug and/or expensive entiHemeu[s
issues, an al[ernfltive site can be chosea This would have been an option available in the
case of Chuck E. Chrese had the SARP been in effect at the fime Ihey were reviewing their
locatiou options. Fortunately, as if turned out, Chuck E. Cheese made the best si[e work,
but far reasons nlread} alluded [o, this is not always the case.
All of you arc to be commended for facing [he controversial SARP plan head on, to
eliminate Ihis locally un[ested and economieally perilous idea, so that Ihose who want m
develop iu Spokane Valley do m[ face unreasonable obstacles that sooner or later would
stiFle the economic heal[h of the ci[y. Thauk you.
Reapec[fully submitted,
Kiemle & Hagood Company
�/l�/cR.... /�� `�%� �
William M. ("Mac") White r�
Managing Broker
Profess R eal Estote S
6�1 Wesi Moin Avenue, Suite 400 � Spokone, Woshing�on 9920L0674 P065 West Riverslone �nve, Suita 101 . Coew d'Alene, Idoho 83814
(509) 838�6541 • Pox (5091 458-4014 (208) ]]02590 . Fo. (ZOB) ]]0-258]
RCW 46.08.065
Publicly owned vehicles to be marked — Exceptions.
i) It Is unlaw(W tor am oubl'c off' r h h f hi I tl t II tl b tv 't t bll
bodv m this slata other �han ��e stale of Washington antl usetl in public business lo ope�a�e �he same upon Ihe public highways o(
iM1is s[ate unless and until lhere sM1all Oe displayetl upon suc� automobile or other mobr vehicle in letters o�conhasting color nol
less Ihan one antl one-quatler inches in heighl in a conspicuous place on ihe right antl lefl sides Ihereo( the name o/ sucM1 county,
ci�y. town, o� other public botly, togethet wi�h the name of the department or office upon the business of whicb the saitl vehlcle is
used. This section shall not aooW [o veh'cl f h'ff ff' I I I' tl rt t h' I tl b I I
eace ff d bf tM1 t f ' I tl f'tl C I' [' C This subsection shall not
appty ta (a) Any municipal transi[ vehlcle operated (or purposes of providing public mass iranspotlation: (b) any vehicle govemed by
tha raqulrements of su�section (4J of Ibls section. nor [o (c) any moror vehlcle on loan �o a school dlshict for tlmer haining
purposes It sM1all be lawful antl constiWte mmpliance with Ihe provisions of IM1is sectioq M1owever, for the goveming botly oRhe
aOPmpriate county, city. town, or public body other ihan the sta[e of WasM1ington or IIS agencies ro atlopt antl use a dislinpive
insiqnia which shall be not less than six inches in tliameter across its smallesl dlmension antl which shall be displayed
conspicuously on Me righl anG left sitles o( Ihe vehlde. Suc� Insignia shall be in a color or cobrs conVastinq witM1 the vehicle to
which applietl for maximum visiblliiy. T�e name of �he public body owning or operating ihe vehi<le shall also be Indutletl as part of
or OlsplayeE above such approved insignia in colors wn[rasting witM1 Ihe vehicla in letters not less Ihan one antl one-QUarter inches
in height Immediatety below the lettering itlenlifying [he public entiry antl agency operafing the vehicle or below an appmved
Insignia shall appear Iha wortls "for offcial use only" in letlers at leas� one inch high in a color ronhasting wilh �he color of Ihe
vehmle. The appmpria�e goveming �otly may pravide by mle ar ordlnance for marking ol passenger motor vehicles as prescribetl in
subsec�ion (2) of �M1is section or for exceptions to �he maMing reqvirements for local govemmental agencies for Ihe same purposes
and untler Ihe same circumstances as permitted for state agencies under subsection (3) of �his section.
(2) Except as provitletl by sobsections (3) antl (4) o(ihis sedion, passenger motor vehicles ownetl or conhalled Oy �ne state of
Was�ington, and pu¢hased afler July 1, 1989, musl be plainly antl conspicuously marketl on Ihe lower lefl-hand comer of Ihe rear
wintlow wilh the name of ihe operating aqency or ins[iWtion or �he wartls "s�ale mo�or pool," as appmpriate, Me words'State ot
Washington — for off¢ial use only," and �he seal of the state ol Was�inglon or the appropriate agenry or instiNtion Insignia,
appmved by Ihe tlepatlmen[ of general administration. Markings musl be on a hansparent adhesive ma[erial antl confortn to the
stantlards esta�lished by Ihe tlepahment of generel adminisVation. For the purposes of �his section, "passenger motor vehiGes"
means setlans, sta�ion wagons, vans, ligh[ tmcks, or olher moror veM1ides untler ten �M1OUSantl paunds gross ve�icle weigN.
(3) Subsection (2) of Ihis section shall no� appty [o vehicles usetl by the Washington s[ate patml Por general untlercover or
con(tlenlial invesligative purposes. TraHic conhol vehides of Ue Washing�on s[ate pa�rol may be exemptetl fmm t�e requirements
of subseclion (2) of �hls section a� IM1e tliscretion oi Ne chiet ot [he Washinglon slate patrol. The depariment of general
atlminislration shall atlopt general mles pertnitting olher exceptions ta �he requiremen�s ot su�section �2) of ihis sec[ion for other
vehicles used for law enforcemen[, contitlential puElic heaph work, antl public asslstance frautl or support invesligative purposes, br
vehicles leasetl or rentetl by ��e stale on a casual basis for a periotl of less ihan ninety tlays, and those pmvitletl for in'RCW
4.�(3). The exceptions in Nis subsection, subsection (4) of ihis section, antl �hose provitletl br in'RCW 46A8A66(3) shall be
tha only exceplions pertnitled to Ihe requirements of subsection (2) of this section.
(4) Any motoroyde, vehicle over 10p�0 pounds gwss vehicle weiqM, or olher vehicle Ihat Por slmcWral reasons wnnol be
marketl as requiretl by subsection (i) or (2) of lhis section that is ownetl or conlrolled by Ihe s�ate of Washington or by any county,
cily, town, or otM1er public body in this state and usetl /or public purposes on Ue public highways o/Ihis sta�e shall be conspiwously
maBed In letters af a conlrasling calor wilh �he wortls "State ot WasM1inglon" or Ihe name of such counry, city, town, or oNer publlc
Eotly, together wilh [he name of Ihe tlepa�ment or oKce lhal owns or conirols Ihe vehicle.
(5) All motor vehicle markings reQUiretl untler Ihe tertns of ihis chapler sM1all be maintainetl in a legible contlition a� all times.
(1998 c 111 § 4; 1989 c 5� § 9', 19]5 1 st ex.s. c 169 § 1', 1961 c 12 § 46.08.065. Prior. 193] c 189 § 46; RRS § 6360-46. Foimetly
RCW 4636.140.]
Notea:
'ReviseYS note: RCW 46A�0 O6 was amentletl by 2010 c 161 § 211, tleleting subseqion (J), effective July 1, 2011.
EffecOVe tla[e — 1989 c 5l: See no[e following RCW 43.19b20.
�y�� C,u��
' /
— Unmarked Vehicles Fact Sheet
MYTH: It is legal fbr ]aw enforcement to use unmazked cars for traffic patrol.
FACT: RCW 46.08.065 Section ] requires that a ciry or county police vehicle be cleazly
marked on both sides with lettering or a logo. Section 2, whicl� applies to State Patrol
vehicles, requires a conspicuous sticker iu the rear window ide�tifying it as a� official
State vehicle. State Patrol vehicles are also required under 46.08.066 Section 2[o ]iave
an o�cial license plate.
MYTH: An exemption in the law that xeads: "This section shall not anpl to vehicles of
a sheriffs office local oolice denartment or any vehicles used b} local peace o$9cers
under oubl�c authoritv for snecial undercover or confidential investigative purooses"
permrts Uie use of uruna��ked cars by local or county police.
FACT: The "w�dercover or confidential investigative" xequirement applies ro all the
vehicles in that seutenee. ICthat sentenee did in fact covex two sepzrate categocies of
vehicles, they would be noted with an (a) and a(b) as is done i� the very next sentence
which reads: "This subsection shail not aoply to� (al Any mu�icioal Iransi[ vehicle
o erated for ur oses of rovidin ublic mass lrans oRation� 6 an velticle ovemed
by the requirements of subsection"
MYTH: Having visi6le equipment on a car such as a push bwnper and spotlight like a
regular patrol car has is pretty much just as good as marking it.
FACT: Visible equipment means nothing. Such cazs are sold to the public, where they
are popular among police wannabces, as well as police impersonators, such as the one
that recently stalked Gonz.aga University. The law is clear as fo what a marked vehicle is.
MYTH: State Patrol regulations rzquire that a propedy marked Statc Patrol vehicle be
only equipped with lights, a sireu, and be driven by a uniformed officer.
FACT: State Patrol regulatio��s are not law, and this one is not backed by law. The law
requires [hem to havz a conspicuous sticker in the baek window and au o�eial ptate.
MY1'H: If use of w�marked cacs for patrol was really illegal, they coulddt be getting
away with it on the scale that they have been.
FACT: The only penalties for violations are provided in RCW 46.08.067, and all that is
provided for is disciplinary aetion imposed by the employing agency. Troubte is, that
since the agency coinmanders are the ones o�dering the illegal use of these vehicles, those
penaLties witl never be imposed. The cm�rent law has given them a Iree yass on the issue,
and that is what necds to change.