2011, 07-26 Regular Meeting Minutes MINUTES
City of Spokane Valley
City Council Regular Meetings
Formal Meeting Format
Tuesday, July 26, 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, City Attorney
Bill Gothmann, Councilmember Mark Calhoun, Finance Director
Dean Grafos, Councilmember Rick VanLeuven, Police Chief
Brenda Grassel, Councilmember Neil Kersten, Public Warks Director
Chuck Hafner, Councilmember Karen Kendall, Associate Planner
Arne Woodard, Councilmember Steve Worley, Senior Engineer
Inga Note, Traffic Engineer
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: In the absence of a pastor, Councilmember Gothmann gave the invocation.
PLEDGE OF ALLEGIANCE: Mayar Towey led the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present.
APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed to approve the agenda.
INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS:
Mayor Towey said we are pleased to have with us tonight, students from the Knowledge School in
Duhok, Iraq, and he welcomed the ten, fourth and fifth graders along with their interpreters and chaperons
to the city; after which one of the students, through one of the adult interpreters, expressed thanks for
being able to visit our country.
COMMITTEE, BOARD, LIAISON SUMMARY REPORTS:
Councilmember Hafner: no report.
Councilmember Grassel: said she attended an ITA (International Trade Alliance) Board Meeting followed
by a party on the patio; she said ITA works with businesses in the region to promote trade, and they help
businesses that want to go into the global markets; and said they will have their annual recognition event
in November.
De�utv Mayor Schimmels: said he attended an STA (Spokane Transit Authority) Board workshop about a
week ago; attended a board meeting last week where they voted for the trolley, said this issue will go for a
public vote, and even though if passed it would be strictly downtown, said we will be asked to help pay
for it; reported he also attended an SRTC (Spokane Regional Transportation Council) Board Meeting, and
an Inland Pacific HUB Meeting at Post Falls last week regarding freight mobility.
Councilmember Grafos: said he attended the Homebuilder's Association meeting where they discussed
what we are doing as a city to move projects along and make sure our permitting process is friendly; went
to a Chamber luncheon where the new CEO from Felts Field was the speaker; attended an SDS Real
Estate Company meeting where they talked about the Site Selectar System; went to the Growth
Management Act Meeting; attended an Association of General Contractors meeting with representatives
from companies such as Spokane Rock, and Central Pre-Mix and discussed roads, bridges and
infrastructures; and went to an open house at CenterPlace with the City's lobbyist Ms. Taylor, in
Council Regular Meeting 07-26-2011 Page l of 7
Approved by Council: 08-09-2011
celebration of recently passed legislation that eliminated cattle trucks from going through city
neighborhoods.
Councilmember Gothmann: reported that he attended the Edgeclift Scope's 15`� birthday, and said they
have done a remarkable job in cleaning up their area physically and from crime; went to a solid waste
meeting here at City Hall with Deputy Mayor Schimmels and staff where alternatives were discussed;
attended the Port of Entry legislation celebration; went to a 9-1-1 Board Meeting where they continue
working on consolidating dispatches for various entities in this area; attended a Board of Health
Executive Committee meeting where fees far this coming year were discussed; and mentioned the award
the Health Department received for their work in responding to local public health needs.
Councilmember Woodard: explained he went to the Spokane Valley Business Association meeting where
the County Assessor spoke; attended an ITA Reception downtown; and also attended the Port of Entry
reception at CenterPlace.
MAYOR'S REPORT: Mayor Towey reported that last week he went to the Convention and Visitor's
Bureau meeting which included community leaders as well as stakeholders from various businesses, as
they discussed how best to promote and enhance tourism in the region; said he spoke before the American
Legion District's annual conference with over 400 delegates from around the state; had his monthly
meeting with the Central Valley School Superintendent and Liberty Lake Mayor; attended a Senior
Citizen fall prevention meeting; went to the Valley Chamber ribbon cutting ceremony; attended a
County/City joint work session on collaborative physical strategies where both entities got together to ask
questions about partnerships; went to the reception concerning the Port of Entry legislation; went to a
Greater Spokane, Inc. meeting where they discussed economic development for the region and the
recruiting of the Caterpillar Company.
PUBLIC COMMENTS: Mayor Towey invited public comment.
Dick Behm, 9405 East Spra�ue Avenue: said that Mr. Ross Kelly spoke here a few weeks ago about
phase one of an initial traffic analysis; said Mr. Kelly used the traffic count on the area east of University,
but Mr. Behm said that has no relationship to the Sprague Avenue one-way section west of University as
those traffic counts are totally different; that Mr. Kelly used figures showing traffic counts in 1997, which
was before Appleway was built and before the third lane of the freeway was put in, of 29,400 cars east of
University; and said after Appleway was built and that third freeway lane added in 2003, the count
dropped about 4,000 cars a day. Mr. Behm said our city records show the traffic at Farr, which is about
center between Argonne and University and which is a more accurate relationship of what happened to
the traffic in that area. Mr. Behm said that in 1999, there were 34,683 cars daily; after the freeway was
enlarged and Appleway opened, that that section lost 20,000 cars daily, he said the traffic was gone and
so were the businesses; he said the area west of Argonne wasn't hurt nearly as bad; he said council needs
to consider this and use those numbers instead of those previously supplied; he said no one will invest in
that area with that kind of low traffic count; and he distributed copies to council of a chart showing the
traffic counts for various years; he said the count was 34,683 in 1999 and dropped to 14,800 in 2003; and
today the present counts are about 15,100; he said it is the City's responsibility to create the areas of
economic development that will attract businesses; not that the city has to pay for it, but needs to make it
attractive and suitable for businesses to locate there; he said streets, infrastructure, and public safety are
the city's responsibility; that council was elected to represent the people and make the decisions, and said
Council can't throw that decision back to the people.
Howard Herman, 117 N McDonald: spoke regarding the one-way versus two-way Sprague Avenue issue
and mentioned an e-mail he previously sent; said he discovered we have a governmental problem
regarding the one-way Sprague Avenue that we inherited from the County; that prior to Spokane Valley's
incorporation the County decided to relieve the traffic on I-90 by developing this couplet to move traffic
and said in doing that they either took into consideration or they ignored that Fire Station #1 would be put
in a position where they couldn't deliver services it had intended to deliver and had delivered for years
prior to the couplet; he said now we developed a two-tier system in the valley; these fire stations are
strategically located to serve the population that surrounds them; the taxpayers feel they'll get equal
Council Regular Meeting 07-26-2011 Page 2 of 7
Approved by Council: 08-09-2011
service through that service area; but with the one-way west, he said the fire apparatus can't go east from
the fire station on Sprague; they have to go west first; and to get to Sprague and University it consumes
one minute and 20 seconds to get to the intersection of Sprague and University; he said he's outlined the
implications involved in that in his brief to council; said people can develop heart damage or brain
damage in four minutes and subtracting the one minute, 20 seconds doesn't leave much time; he said
those who live east are penalized by that one-minute, 20 seconds where citizens to the west are not; he
said sometimes there are reasons for a government to discriminate against a portion of its people, but only
in the case where the governmental agency has a compelling public interest that overrides the rights of
private citizens; he said the Board of County Commissioners thought it was a compelling public interest
when they made their decision; but he said that interest no longer exists and hasn't ever since the freeway
was widened; he said the compelling public interest is now gone and said this is a discrimination that
should not exist; and said he sees this as a potential liability for the city; and said he agrees with Dick
Behm that this proposition should not be solved by the public at large; he said the Fire Station is a public
safety issue and ought not be relegated to popular vote; and said it is a job council was elected to do.
Mary Pollard, 17216 E Baldwin Avenue: said you can't just look at this just as an intersection; there is
the Centennial Trail with lots of recreational traffic, the couplet, a residential community; she said she can
see the beginning of that couplet from the beginning of Flora; said it is insulting to think council would
consider addressing that later; said there are many elderly on Mission, she spoke with the postmaster and
there is a big problem with how these people will get across the street to get their mail with 35 mph traffic
and said safety needs to be looked at; and said council can't vote on the couplet opening until Council
looks at lowering the speed limit; she said roundabouts are safer for cars but not safer for people; and she
asked that council lower the speed limit.
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 claim vouchers totaling $820,376.61
VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT
07-07-2011 3583-3586; 3600, 3602, 3603, 23269-23275 $235,660.68
07-08-2011 23276-23306; 705110009 $332,258.48
07-08-2011 23307-23333 $81,603.64
07-15-2011 23334-23358 $111,308.48
07-19-2011 37604-3607 $59,545.33
GRAND TOTAL $820,376.61
b. Approval of Payroll for period ending July I 5, 2011: $269,066.04
c. Approval of Minutes of June 28, 2011 Formal Council Meeting
d. Approval of Minutes of July 5, 2011 Study Session Format Council Meeting
e. Approval of Minutes of July 12, 2011 Formal Council Meeting
Mayor Towey asked that Council note the revised page one of the July 12, 2011 minutes. It was moved
by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda.
NEW BUSINESS
2 First Readin�posed Ordinance 11-011 for CPA 02-11 (St. John Viannev) — Karen Kendall
Having previously recused himself, Councilmember Woodard left the dias and the council chambers. It
was then moved by Deputy Mayor Schimmels and seconded to advance the ordinance to a second
reading. After City Clerk Bainbridge read the ordinance title, Attorney Connelly explained that the matter
before Council is near the end of a lengthy public process involving the annual amendments to the
Comprehensive Plan; said this is an ordinance which addresses the proposed comp plan amendment CPA
02-11; and he went over the history of the amendment, including that the Planning Commission heard the
matter at a public hearing, after which they recommend not to approve the amendment; he said this came
Council Regular Meeting 07-26-2011 Page 3 of 7
Approved by Council: 08-09-2011
to Council with all the other comp plan amendments and was continued to see if a development
agreement would minimize the impact; he said Council held a public hearing on the development
agreement and said the ordinance incorporates the development agreement as a mitigating factor; he said
the ordinance as written adopts the findings of the staff which were in favor of the amendment and differs
from those findings of the Planning Commission, and said Council has the option to change any findings;
and tonight's options are either to advance this ordinance to a second reading or not; and if not, the
proposal would not proceed any further.
Community Development Director McClung discussed the density of the property and the proposal and
explained that the one property is already zoned multi-family and would allow twelve units on that acre;
and for the property immediately to the north and owned by the Church, that is currently zoned for R3
single family and the maximum density permitted would be twelve on that lot alone, so they would be
allowed to put six duplexes on that property; therefore the maximum density of the two properties without
any rezone would be twenty-four units, which is a difference of sixteen from the forty the church is
requesting. Director McClung further explained that with the re-zone, the multi-family lot doesn't change
and the property to the north, if rezoned, would be allowed twenty units of multi-family on its own; and
applying the density bonus for low income housing, they would be allowed a total of nineteen additional
units; she said they are requesting forty which is the limit under the development agreement. Director
McClung said a question previously arose concerning whether there is a need for senior housing; and she
read a quote from an AWC (Association of Washington Cities) magazine: "You've Been Warned: a
Tsunami's headed for Washington. This isn't another safety-first alert like the one in March that preceded
foot-high swells along the Washington coast. Armed with, and alarmed by, the latest data on aging
released by the U.S. Census Bureau in May, demographers are predicting a potentially cataclysmic surge
in the senior population. And no city — not even dusty one-stoplight towns far east of the Cascades-will
escape inundation." She also said that in Spokane County, 15% of the population is over 60, and about
8% of that qualified for low-income housing; that the population over 65 will increase 35% from 2000 to
2020; the average social security benefit allotted to an elderly person living alone will be 58-88% of what
is needed to cover the basics; she said Spokane Valley has three HUD low-income seniar housing
sponsored projects with a total of 138 units; of those three projects, two have waiting lists and the third
has two vacant units.
Planner Kendall went over the remaining PowerPoint slides explaining the amendment, and clarified a
statement made during the first reading regarding ownership of the right-of-way and Valleyway to the
south of the indicated shaded area, an area she explained, on Valleyway that doesn't connect, she said it is
privately owned and not owned by the City, although the City might require a right-of-way dedication at
the time of future development. Mayor Towey apologized for his previous mis-statement. After further
brief Council discussion concerning allowed densities, Mayor Towey invited public comment. The
following individuals spoke against the proposal: (1) Attorney Mark Vovos, 1309 W. Dean, Spokane,
who said he represents one hundred families against this proposal; (2) Sandy Holder, 9814 E. Valleyway;
(3) Dave Fode, 124 N Walnut Road; (4) Gary Graupner, 10219 E. Valleyway; (5) Pat Martin, 607 N.
Herald; (6) Linda Lehman, 9920 E. Broadway; (7) Mary Pollard, 17216 E. Baldwin Avenue; (8) Levi
Strauss, 302 N Walnut Road; (9) Kiondra Bullock, 2514 N Perry; (10) Michael Lehman, 9920 E.
Broadway; (11) Christina Fode 124 N Walnut Road; (12) Judy Rapp, 10401 E. Valleyway; (13) Chris
Carr, 223 Walnut Road; (14) Tim Bieber, 312 N Farr; (15) Karen Strauss, 302 N Walnut Road; and (16)
Shelly Stevens, 312 N Walnut Road. The following individuals spoke in favor of the proposal: (1) Rob
McCann, 12 W. 5`�' Spokane; Director of Catholic Charities; (2) Ann Martin, Architect for the project; and
(3) Marie Raschko-Sokol, Chair of the Pastoral Council at St. John Vianney. There were no further public
comments. Mayor Towey called for a recess at 7:53 p.m. and reconvened the meeting at approximately
8:00 p.m. After council comments, Mayor Towey asked if this process is legal and Attorney Connelly
explained it is; Mr. Connelly said the position of the City is what we are doing is legal and consistent with
statute, this amendment proposal was filed prior to November 1 as part of the amendment process, it was
considered under SEPA (State Environmental Protection Act), and routed to the Planning Commission
with all the other amendments; and said we feel the process is appropriate. Vote by acclamation to
Council Regular Meeting 07-26-2011 Page 4 of 7
Approved by Council: 08-09-2011
advance the ordinance to a second reading: In Favor: Deputy Mayor Schimmels. Opposed: Mayor
Towey, and Councilmembers Hafner, Grassel, Grafos, and Gothmann. Motion failed.
3 First Reading Pro�osed Ordinance 11-013 CPA 02-11 Zonin�Map — Karen Kendall
Attorney Connelly explained since the motion to advance the previous ordinance failed, there is no need
to address this ordinance as it is a companion ordinance to address the zoning. Councilmember Woodard
returned to the dias.
4. Proposed Resolution 11-006 Amendin�peed Limits — In ag Note
It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 11-006, which changes
the speed limit of Indiana Avenue from Sullivan Road to Flora Road to 35 mph, and establishes a 35 mph
speed limit on Indiana Parkway and Mission Parkway. Traffic Engineer Note said to update council on
this project since her presentation last week, it is expected the road will be open to travel in a couple
weeks barring no problems with the construction; said she realizes there have been some concerns about
the speed limit on Mission further east, and said we can always come back and evaluate that separately; it
has a completely different character then the part of the roadway they are addressing tonight. Ms. Note
said that if adopted, it would be 35 mph from Sullivan to Barker; the roundabout speed is advisory and
will be posted at 20 mph. There was counciUstaff questions and discussion concerning several options to
change the speed limit; and Ms. Note recommending the change in order to be consistent, and not
confusing in dropping from 35 to 30, then back to 35; and said if Council would like, she can come back
to evaluate the speed on Mission further east of Flora; that staff could include that area and do a speed
study to see if it would be appropriate to drop to 30 mph; but reiterated she feels it would be confusing for
drivers to go back and forth beriveen speeds. Mayor Towey invited public comment, and Mary Pollard,
17216 E. Baldwin Avenue, said she is chair of the East Greenacres Neighborhood, and feels this
discussion is frustrating, and that the couplet should be 30; she agrees with Mr. Gothmann that the speed
limit should be consistent; they want the couplet and the area east of the roundabout to be 25 or 30; she
said this has geographic problems that other areas don't have; and we can't promise that no driver will hit
a child. There was discussion on the issue of safety and of increasing traffic in an area with a new park
and where a school will eventually be built; along with other council discussion about the need to be
consistent. Vote by Acclamation to approve Resolution 11-006: In Favor.• Deputy Mayor Schimmels and
Councilmembers Gothmann and Grassel. Opposed: Mayor Towey and Councilmembers Hafner, Grafos,
and Woodard. Motion failed.
At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed, to extend the meeting for thirty minutes.
5. Motion Consideration: Railroad Quiet Zone — Neil Kersten
It was moved by Depury Mayor Schimmels and seconded to authorize the City Manager or designee to
ftnalize and execute a contract with David Evans and Associates for approximately $82, 551 to proceed
with their scope of work to identify the improvements, policies and strategies needed to accomplish quiet
zone implementation. Traffic Engineer Note went over the background of this proposal as explained
previously. Council/staff discussion included mention of the cost estimates and that they could be as
much as one-half million dollars; that the entire process could take as long as five years and one to one
and one-half years just to acquire the approval to proceed; mention that a citizen commented previously
that they felt the railroad has softened the situation and perhaps this would not be necessary, with mention
from Ms. Note that she has not heard that or similar comments, and a reminder from Ms. Note that
regardless of acquiring a"quiet zone" the railroad would still be required to blow their whistles. It was
moved by Councilmember Gothmann, seconded and unanimously approved to table this issue until more
information can be obtained. Ms. Note said staff will do additional research in an effort to determine
whether the areas can be monitored for compliance, and if possible determine if citizens feel the situation
has improved.
Council Regular Meeting 07-26-2011 Page 5 of 7
Approved by Council: 08-09-2011
PUBLIC CONIMENTS: Mayar Towey invited public comment. Mary Pollard: 17216 E Baldwin
Avenue: ask to put into business that the speed limit would be addressed between Flora and Barker; she
said they can't wait until Mission is re-constructed; that using TIB money to pay for the reconstruction is
too little too late; that the speed limit will have to act as the common device; and she said she is not
willing to wait for 35 mph and she feels this is an immediate problem to be addressed.
6. Draft Ballot Ordinance — Cary Driskell, Mike Jackson, Neil Kersten
City Attorney Driskell explained the proposed draft ordinance, and stated that the $6.4 million dollar
figure could change depending on what could go into the ballot; he said they are also waiting for further
analysis and more refined study on traffic needs and any other unexpected needs on reversing the traffic;
and said the bond cost could be added on to that at an estimated additional 2% of the cost of the bonding,
and said as we move forward to a first reading, the language will be refined, and said staff is working to
finalize those numbers as quickly as possible. Councilmember Woodard asked it the ballot language
would include how much per $1,000 evaluation the taxpayer would pay, and Mr. Driskell said that is not
in the ballot language. City Manager Jackson said we could provide that at the next meeting in time for
the August 9 first reading. Mr. Jackson also noted he wanted to make sure Council is comfortable with
the title and ballot language, and there were no objections from council.
7. I-90 Si n�a�e — Neil Kersten
Per her Request for Council Action (RCA) form, Traffic Engineer Note went over the three options the
city could consider for city-funded signage improvements; i.e. change eastbound exit 285 from reading
"Sprague Avenue" to read "Appleway Blvd;" add the words "Appleway Blvd" to the eastbound exit 285
signage; or apply for a Sprague Avenue Business Route. In response to Mayor Towey's question of how
the options would be funded, Ms. Note said that would be up to Council; and City Manager Jackson said
there would be a financial impact as outlined in that RCA, and if council would like, staff can come back
for any specific options ar far a motion or to bring additional information, and he asked for council
direction on options. Councilmembers Grassel and Woodard said they liked option 2, and Councilmember
Grafos said he likes option 3 of the business route. Ms. Note explained that there are steps to take to
qualify for a business route, including going through WSDOT (Washington State Department of
Transportation) in Olympia, and through the Federal Highway Administration, as well as other steps; she
mentioned the possibility of combining the two options, but that she would need to check with WSDOT
to make sure we could put all the words on a single sign. Councilmember Hafner said he would like more
of an explanation on the process and how long it would take and what we would need to do, and it was
decided to come back with a future discussion on signage, including where on the east end to place such
sign.
8. Finance Monthlv Report — Mark Calhoun
Finance Director Calhoun went over the layout and charts shown in the monthly report, as well as the
investments, the sales tax receipts monthly comparisons, and yearly figures form sales tax collections,
hotel/motel tax receipts, and capital projects fund figures. Council expressed their appreciation to Mr.
Calhoun for his report. At approximately 9:30, it was moved by Deputy Mayor Schimmels, seconded and
unanimously agreed to extend the meeting for another I S minutes, or until l 9: 45 p. m.
9. Advance A�enda — Mayor ToweX
City Manager Jackson announced that Community Development Director Kathy McClung is retiring at
the end of the month, and he commended her for her work over the last four years; and then announced
that City Engineer John Hohman has been appointed as the new Community Development Director. Mr.
Jackson gave some background on Mr. Hohman and some of his accomplishments, which was followed
by members of Council extending their congratulations to Mr. Hohman. Mr. Jackson added that Mr.
Hohman will be reporting to council in a few weeks to outline some of his ideas. Councilmember
Gothmann said he wanted to make a correction about a memo he sent out concerning cities that had
changed streets from one-way to two-ways, and said there were only six conversions to one-way and at
the time, two were still being considered; and that his initial intent was to find out what businesses
Council Regular Meeting 07-26-2011 Page 6 of 7
Approved by Council: 08-09-2011
thought about the one-way or two-way streets. Councilmember Woodard said for advance agenda items,
he would like to hear more about the Barker speeds, and the Sullivan Bridge. Councilmember Grassel
said she would like to discuss speed limits in general as she feels 25 miles is in opposition of what they
are trying to accomplish, and would also like to discuss the section of the City's code concerning
requiring new development businesses to install bike parking.
Information Onlv items of (10) department reports, (11) Library District Quarterly Report; and (12) Fire
Department Quarterly Report were not discussed or reported.
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting
adjourned at 9:45 p.m.
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ATTES'� Thomas E. Towey, Mayor
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Christine Bainbridge, City Clerk
Council Regular Meeting 07-26-2011 Page 7 of 7
Approved by Council: 08-09-2011
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SPOKANE VALLEY CITY COUNCIL MEETING
DATE: July 26, 2011
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Page 1 of 1
Main Identity
From: "Dick Behm" <dick@divasales.com>
To: "Dick Behm" <dick@divasales.com>
Sent: Tuesday, July 26, 2011 2:12 PM
Subject: Fw: Sprague west of Farr ADT Table
From: Ryan Kipp
Sent: Thursday, July 14, 2011 2:00 PM
To: Neil Kersten
Subject: Sprague west of Farr ADT Table
Neil,
Below is the ADT information you requested.
;prague west of Farr
'ear Daily Count
.980 22,737
.984 13,286
.986 29,514
.996 28,779
.999 34,683
'003 14,800
'004 16,700
' 009 15,100
'030 w/ 1.5% growth 20,506
'030 w/ 2% growth 22,735
Ryan Kipp, P.E.
Assistant Traffic Engineer
City of Spokane Valley
11707 E. Sprague Ave., Suite 106
Spokane Valley, WA
Ph: (509) 720-5016
Fax: (509) 688-0261
7/26/2011