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2008, 03-18 Study Session MinutesMINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, March 18, 2008 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting Present: Councilmembers: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember Staff: Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Neil Kersten, Public Works Director Rick VanLeuven, Police Chief Scott Kuhta, Senior Planner Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Tim Klein, Roads Superintendent Steve Worley, Senior Engineer; Darla Arnold, Public Works Office Assistant Carolbelle Branch, Public Information Officer Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk Roll Call: At Mayor Munson's request, City Clerk Bainbridge called the roll; all Councilmembers were present. New Employee Introductions: Senior Planner Scott Kuhta introduced new associate planner Lori Barlow who is a native of North Idaho and most recently from the City of Moses Lake; he then introduced office assistant Heather Morris, who has lived in the Spokane area most of her life, and previously worked for Itron. Deputy City Manager Mike Jackson introduced new Parks and Recreation Director Mike Stone, and mentioned that Mr. Stone comes from the City of Spokane, and is also a licensed landscape architect. Council welcomed and greeted the new employees. ACTION ITEMS 1. Proposed Resolution 08 -003 Declaring Surplus Property for Pines /Mansfield Capital Project — Steve Worley Engineer Worley explained the proposed resolution to declare specific real property as surplus; that the area in question is a parcel previously acquired as part of the Pines /Mansfield capital project which can be better used to trade for another necessary parcel; and as further explained on Mr. Worley's March 13, 2008 informational memorandum. Mr. Worley said that we are selling the property for slightly more per square foot then purchased, and using that to offset the cost to purchase the right -of -way; and that we need Council approval to identify this as surplus property. It was moved by Councilmember Taylor and seconded to approve Resolution 08 -003 to declare surplus property and approve the trade of real property. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Motion Consideration: Pool Construction Bid Award — Steve Worley Engineer Worley explained that this proposal is to have Council consider awarding the pool construction bid to Kilgore Construction; that the earlier bid resulted in one bid which was over the anticipated budget. Mr. Worley mentioned that it is his understanding that one of the reasons for the first low bid turnout was that some purported bidders felt the time frame was too short as the work would have to have been accomplished in time for this year's swimming season; that Council authorized staff to change the Study Session Meeting Minutes: 3 -18 -08 Page 1 of 4 Approved by Council: 04 -08 -08 construction project to allow contractors to work through the summer and next winter and have the pools ready for the 2009 swimming season. Mr. Worley reported that for this second round of bids we only received two proposals, and that although we were allowing for a longer period of time to complete the work, the costs actually increased as longer work periods would result in longer rental of dumpsters, fences, and other costs which were not previously considered. In response to Council questions concerning the budget, Mr. Jackson said this would not affect the budget as we would simply be moving line items and not changing the total budget. It was moved by Deputy Mayor Denenny and seconded to award the bid to the lowest responsible bidder Kilgore, and to approve the award of the swimming pool upgrade project to Kilgore. Mayor Munson invited public comment; no comments were offered. Council discussion included mentioned of the idea of the bids submitted on the re -bid coming in higher than the one bid which came in on the first initial bid, which was also higher than budget; and mention from Attorney Connelly that the options are to not accept these bids, or to again re -bid, that one cannot go back to the original first bidder. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor Munson, Deputy Mayor Denenny, and Councilmembers Schimmels, Dempsey, Gothmann and Wilhite. Opposed: Councilmember Taylor. Abstentions: None. Motion carried. REGULAR STUDY SESSION ITEMS 3. Barker Bridge Utility Agreements — Steve Worley Engineer Worley explained that currently several utility companies have their facilities cross the Spokane River on the existing Barker Road Bridge; and that there are other utility companies which would like to place new facilities on the reconstructed bridge; and in some cases, existing facilities will need to be relocated prior to the construction of the new bridge; that the City pays the bridge contractor to install all the necessary conduits, pipes etc. that the utility companies would like on the new bridge, and the City then gets the costs reimbursed by the utility companies; and that Memorandums of Understanding are typically used to confirm the conditions of the utility work and address the reimbursement to the City. Councilmember Schimmels mentioned it is his understanding that Consolidated Irrigation is not aware of this situation, and Mr. Worley said he would research that to make sure they are cognizant of the proposed agreement. Mr. Worley also asked Council if they would feel it appropriate that the City Manager or by his designation the Public Works Director, approve these types of agreements in the future where the agreement is simply a reimbursement and the City is not committing to any additional expense; or staff could bring these to Council for approval or could ask Council to authorize the City Manager to approve the agreements on a case -by -case basis. Councilmember Gothmann suggested that staff draft a resolution to address this signature delegation for future agreements; Mayor Munson said as Council has responsibility for oversight, he sees no reason not to continue to seek council approval on future agreements; Deputy Mayor Denenny said these are more operational rather than budget and perhaps staff could insert future agreements as informational items in the council packets, and if Council has questions they could address those to the City Manager. There was Council consensus that staff prepare a resolution to address the approval delegation for future agreements regardless of the contract amount for the utility entity as there would be no dollar cost to the City. 4. Total Maximum Daily Load (TMDL) Presentation — Deputy Mayor Denenny Deputy Mayor Denenny reported that the scheduled three -hour meeting to discuss the agreements entered into with the Department of Ecology and the Environmental Protection Agency regarding the TMDL and National Pollutant Discharge Elimination System (NPDES) permits was cancelled; thus this issue keeps getting pushed back; that according to an e -mail from David Moore of the Spokane River TMDL Lead Water Quality Program, the DOE is "working diligently on revisions to the Spokane River /Lake Spokane Dissolved Oxygen TMDL Water Quality Improvement Report. . . .Ecology has completed a responsiveness summary for the many comments received on the previous draft." Public Works Director Kersten mentioned that the County is moving forward with their Request For Proposals on the building of the plant, but that none of that will occur unless this TMDL and NPDES permit is agreed to; and Deputy Mayor Denenny added that if the agreement doesn't come to fruition, there will be no point in having a plant planned, which will lead to an end result of having to make other difficult decisions. Mr. Kersten Study Session Meeting Minutes: 3 -18 -08 Page 2 of 4 Approved by Council: 04 -08 -08 also mentioned that all entities are working to have all "bases covered" to ensure there will be no errors in this, and all involved are anxious to see the outcome of the rescheduled meeting. 5. Interim Ordinance 07 -025 Amendment — Mike Connelly (for Greg McCormick) As Community Development Director McClung was out of town and Planning Manager McCormick was out ill, Attorney Connelly explained the background of this amendment proposal based on the interim ordinance as per Mr. McCormick's March 18, 2008 request for Council Action Form and accompanying PowerPoint presentation. Mr. Connelly explained that these amendments address the future acquisition areas, Appendix A Definitions to more accurately define Accessory Dwelling Units, setbacks, and language prohibiting the use of recreational vehicles as permanent or temporary dwelling units in residential zoning districts. Council discussed at length various options concerning the accessory dwelling unit, particularly the clause that the "ADU may not exceed fifty percent (50 %) of the total square footage of the principal dwelling unit, nor be less than three hundred (300) square feet and not more than one thousand (1,000) square feet." Council comments included whether to keep the 50% and not the specified square footage; to have a different square footage; or as Councilmember White suggested, to have it based on a percentage of the principal dwelling rather than on square footage. Councilmember Gothmann asked staff to research the different ways other cities approach this in order to present Council additional alternatives. Mr. Connelly said he would forward these comments to Mr. McCormick. Mayor Munson called for a recess at 7:32 p.m. and reconvened the meeting at 7:42 p.m. 6. Spring Roads Report — Neil Kersten /Tim Klein Mayor Munson expressed appreciation and gave accolades to Mr. Klein for all his time and effort in keeping our citizens satisfied concerning snow removal and pothole repair. After Mr. Kersten and Mr. Klein went through their PowerPoint presentation, Mr. Kersten mentioned that J -U -B Engineering firm will be going back in a few weeks to re -rate the roads and determine how fast they are deteriorating and what we need to do to keep our roads maintained; and concerning the $4 million unfunded pavement management cost, Mr. Kersten said that estimate could be more but we will await the further study from J -U -B. 7. Legislative Matters — Dave Mercier City Manager Mercier mentioned that the preliminary report indicated we were successful in obtaining $300,000 from the State capital budget for the development of Greenacres Park, even though the beginning of the Legislative session showed the $300,000 from the House but none from the Senate; and he is pleased with the resurrected figure; that the plan is to go back at the next session to try to add a couple hundred thousand to that allocation as the original request was $500,000. Mr. Mercier said that Representative Ormsby was a key player in this; and that all members of the delegation were very supportive; and that there will be letters of appreciation prepared for all those folks who helped. Mr. Mercier mentioned there is a required match of funds, and we are applying for $.5 million in additional grant funds to supplement the budget request. 8. Solid Waste Franchises Review — Cary Driskell Deputy City Attorney Driskell reported that there are minor revisions to the two solid waste franchise ordinances previously approved so that the effective dates on the letter to the WUTC match the effective date of the ordinances; that this is more of a housekeeping measure, and both franchise ordinances will be brought forward for council consideration at the next meeting. 9. Graffiti Regulations — Cary Driskell Deputy City Attorney Driskell explained that there appears to be an increasing amounts of graffiti in our City, and that staff researched what currently exists in the City to address graffiti; particularly that the response to graffiti at this time is primarily handled by SCOPE; and when graffiti is located, it is Study Session Meeting Minutes: 3 -18 -08 Page 3 of 4 Approved by Council: 04 -08 -08 photographed, analyzed, and if not gang - related, SCOPE provides the property owner or tenant with information on how to remove it; or will help paint over the graffiti. Mr. Driskell said the City has limited legal means to address graffiti as it is difficult to catch someone in the act, but if a person was observed in the act of placing graffiti on buildings, such act could result in being charged with third degree malicious mischief, which is a gross misdemeanor with a maximum penalty of one year in jail and a $5,000 fine. Mr. Driskell, mentioned the ways to a successful abatement program as noted on his March 18, 2008 Request for Council Action Form; and said staff can draft an ordinance specifically for graffiti if Council so chooses, but that we already have some of the framework in place as our Code Compliance Officers are working diligently to get rid of this blight, adding that this issue as other code compliance issues, is complaint - driven. Mayor Munson asked about the cost involved in initiating a "hot line" and Mr. Driskell said he could research that, but Chief VanLeuven mentioned there is the Sheriffs Graffiti hotline of 477 -GANG (4264) in place now. Further discussion involved not wanting to re- victimize victims; and of the need to educate the public about the issue and of the hotline. Chief VanLeuven also mentioned that a lot of the graffiti takes place in back alleys where the lighting is not good. Deputy Mayor Denenny suggested finding ways to expand the volunteerism, possibly through the Boy Scouts or other youth programs and service clubs. After further discussion about possible options, it was determined that Chief VanLeuven will contact SCOPE to see if they can identify some volunteer groups to assist in this endeavor; and that staff can report back to Council in a few months of the progress in that regard. 10. Advance Agenda — Mayor Munson Mr. Mercier mentioned several changes to the advance agenda, and Mayor Munson added that upcoming meetings would also include discussion on recommendations for street maintenance and funding options. 11. Information Only: (a) Manufactured Housing Memo; (b) Comprehensive plan Schedule; (3) 2010 Figure Skating Championships; (d) Consultant Selection Process Update for City Center. These items were for information only and were not discussed, although Deputy Mayor Denenny mentioned he would like to have a discussion concerning the manufactured housing memo. 12. Council Check -in — Mayor Munson Councilmember Wilhite mentioned the recent Library District Board meeting and suggested we ask the Library Board Chair to come before council to discuss their upcoming plans. Councilmember Taylor mentioned the topic of affordable housing and that he would like to set a time to hear from Spokane Councilmember Al French on this topic, as well as hear from someone in the real estate community to perhaps discuss the regulations of other cities such as Kirkland, Federal Way, Poulsbo, and other areas. 13. City Manager Comments — Dave Mercier: n/a There being no further business, Mayor Munson adjourned the meeting at 8:44 p.m. ATTEST: Christine Bainbridge, City Clerk Study Session Meeting Minutes: 3 -18 -08 Approved by Council: 04 -08 -08 Page 4 of 4 Chris Bainbridge From: Dave Mercier Seat: Friday, March 28, 2008 2:31 PM To: Chris Bainbridge Subject: FW: Revised Spokane River or Lake Spokane Dissolved Oxygen TIVIDL Page 1 of 1 /n From: Moore, David (ECY) [mailto:DM00461 ECY,WA,GOV] Sent: Tuesday, March 04, 2008 3:23 PM To Rickard, Bill; bbeavers o cforjustice.org; crossley spokanetrihe.com; bruce.hawardC avistacorp.comf Rawls, Bruce; butler spokanetribe.com; darnold@)5pokanecity.org; Doug_Krapasaiepco.com; galenbl comcast.net; hank, nelson a avistacorp.com; Ihendron@spokanecity.org; Sewerdoc a aol,com; mpetersen landscauncil.org; Neil Kersten; rd paschal ]o earthlink.net; R Eichstaedt; rick- noll[]o sccd.org; rsteed deq,idaha.gov; sidf @cdaid.org; walk- edelen sccd.0rg Cc: Cusimano, Bob (ECY); Bellatty, James (ECY); Gilbert, Janis (ECY); Knight, David T. (ERO) (ECY); Snouwaert, Elaine (ECY); Baldwin, Karin K, (ECY); Pfeifer, Grant D. (ECY); Erickson, Karol (ECY); Moore, David (ECY) Subject: Revised Spokane River / Lake Spokane Dissolved Oxygen TMDL Good afternoon. The Washington State Department of Ecology (Ecology) is working diligently on revisions to the Spokane River J Cake Spokane Dissolved Oxygen T UL Water Quality Improvement Report_ In addition, Ecology has completed a responsiveness summary for the many comments received on the previous draft. Ecology would like to meet with the TMDL Advisory Committee to present an overview of the changes prior to submitting the TMDL to EPA_ We nave scheduled this meeting for the following time and place: March 17, 8:30 -9:30 am Spokane Falls Community College Student Union Building Lounge NB Copies of the TMDL and responsiveness summary will be made available prior to the meeting. Following the meeting Ecology will be completing final formatting edits and then sending the TNIDL to EPA_ Please contact me with any questions and I look forward to seeing you on March 17th. David Moore Spokane River TMDL Lead Water Quality Program Ecology Eastern Regional Office 4601 N. Monroe Street Spokane, WA 99205 -1295 (509) 329 -3514 1:1M00461( ecy,wa.gov 312 /2O0S