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2008, 04-15 Study Session MinutesPresent: Councilmembers: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember MINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, April 15, 2008 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting Staff: Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Kathy McClung, Community Development Dir Neil Kersten; Public Works Director Mike Stone, Parks & Rec Director Rick VanLeuven, Police Chief Cary Driskell, Deputy City Attorney Steve Worley, Senior Engineer Greg Bingaman, IT Specialist Christina Janssen, Assistant Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Roll Call: At Mayor Munson's request, City Clerk Bainbridge called the roll; all Councilmembers were present. ACTION ITEMS 1. Second Reading Proposed Ordinance 08 -007 Amending UDC, Loading Doors — Christina Janssen / Greg McCormick After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Taylor and seconded to approve Ordinance 08 -007. Assistant Planner Janssen explained that this amendment would allow off street loading spaces and apron spaces in specific industrial zones; and said that there have been no changes since the first reading. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Motion Consideration: Temporary FTE Construction Inspector Barker Bridge — Mike Jackson It was moved by Councilmember Taylor and seconded to increase staff levels by one FTE (full -time equivalent) to add a Maintenance /Construction Inspector on a limited term basis for the duration of the Barker Bridge project, which is anticipated to last 18 -24 months. Deputy City Manager Jackson explained that this would add one FTE on a limited term; and that the cost savings over entering into a private contract would be an estimated $160,000 to $220,000. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None Abstentions: None. Motion passed. 3. Motion Consideration: Turtle Creek Joint Planning Agreement — Mike Connelly It was moved by Councilmember Wilhite and seconded to approve the Turtlecreek Joint Planning Agreement as amended. City Attorney Connelly gave some of the history of acts leading to this approval as noted on the last two pages of the accompanying documents (his February 5, 2008 RCA), and mentioned that staff recommends a change in Section 15 changing the word "Mayor" to "City Manager" as the designated representative. Mayor Munson invited public comment. Dick Behm, 3626 S Ridgeview Drive: asked if this could be expanded to include other areas, such as the southern boundary of the City Study Session Meeting Minutes: 04 -15 -08 Page 1 of 4 Approved by Council: 05 -13 -08 which would encompass Ponderosa, Painted Hills and other areas. There were no other public comments, and Councilmember Wilhite indicated she would like to know what the currently vested developments are. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Munson Invited general public comments; no comments were offered. REGULAR STUDY SESSION ITEMS 4. 2008 Budget Amendment — Ken Thompson City Manager Mercier, standing in for Finance Director Thompson, explained the changes in the Employee Classification Salary Schedule, which added the Human Resources Manager at Grade 18, re- inserted the CenterPlace Coordinator at grade 15, which was inadvertently omitted from the schedule; and revised the CenterPlace Customer Relations /Facilities Coordinator from grade 15 to grade 13 which was the previously approved grade, adding that the 15 was incorrect. Mr. Mercier said that the amendment process will be as usual, and the public hearing is set for next week. 5. Manufactured Housing — Kathy McClung Community Development Director McClung said that this issue came as a result of questions received by staff concerning the Uniform Development Code and manufactured housing, specifically the pitch of the roof, which for practical and legal reasons likely should not be required; that the state definition calls for a minimum of 3:12 pitch roofs; and since the City cannot deviate from the state definitions, and as it is in the UDC, the 4:12 pitch is not enforceable. The other issue she explained, is that to locate a manufactured home on a single lot, one of the UDC requirements is that the structure be new, and she mentioned that our Code also requires that it be a doublewide, whereas the County allows singlewides. In response to a question from Mayor Munson about whether a requirement is that the structure "fit" with the neighborhood, Ms. McClung stated that she has not researched that, but could do so if Council so directs, and that staff would need to define what it means to "fit" with the neighborhood. Deputy Mayor Denenny questioned the "new" home stipulation, and explained that there could be circumstances where a 1996 manufactured home burns down, and the owner wants to replace it with a 2003 model, but would not be able to do so according to our Code. Ms. McClung said that if Council wants to narrow the scope of criteria, that is possible. Deputy Mayor Denenny suggested having the replacement needs addressed directly; and Councilmember Gothmann suggested Ms. McClung take some alternate proposals to the Planning Commission for their consideration. Council concurred. At council request, Ms. McClung will also prepare a list of pending code amendments. 6. Barker Road Bridge DNR Easement Agreement — Steve Worley Engineer Worley said that the City received a Federal Bridge Replacement Advisory Committee grant covering 100% of the cost for replacement of the Barker Road Bridge over the Spokane River; and part of the permitting for the project requires an easement with the Washington State Department of Natural Resources (DNR); that DNR is the property owner for the bed of the Spokane River and as bridge projects are updated, easements across DNR property are developed or updated. Mr. Worley also mentioned that although this is the standard agreement used by DNR, there are some portions of the agreement which might seem unusual: he stated that Section 12.4 Performance Bond mentioned a bond equal to 125% of the cost of construction, and we typically use 100 %, which DNR is comfortable with changing. Mr. Worley said that Section 12.6 mentions removal of the bridge after thirty years (which is the term of this lease), but Mr. Worley said they told DNR they would have no intention of removing the bridge, and that it is understood between the two agencies that this easement will renew after thirty years. Mayor Munson said he would prefer obtaining a letter from DNR in that regard, but Mr. Worley said they have tried that approach but were unsuccessful, as it has to do with the way the statute is worded. Deputy City Manager Jackson mentioned this issue might be one to consider approaching the Legislation with during the next session. There was Council consensus to place this easement agreement on the next Council consent agenda. Study Session Meeting Minutes: 04 -15 -08 Page 2 of 4 Approved by Council: 05 -13 -08 7. City Hall Project Status Report — Neil Kersten Public Works Director Kersten said this is a quick overview of the project status; that there have been several meetings with staff an Bernardo Willis and GGLO, as well as the one held at the last council retreat; and that staff has received the draft City Hall program, that Bernardo Willis will examine staff's comments and come back to do a presentation and give the highlights of the program and gather more public comments. Mr. Kersten said the basic design concept looks like a three -story building with a basement, which would be efficient to build, and that a timeline for the project is part of the document, as well as a cost estimate, and staff plans to be able to have such presentation to Council next month. 8. Splashdown Lease — Cary Driskell Mr. Driskell explained that the owners of Splashdown have asked to extend their agreement, but those agreements cannot be extended now as they have expired; and that staff recommends Council authorize staff to execute a short term six month letter agreement wherein the parties abide by the period terms, and during that time, the parties can negotiate the conditions of a longer term lease. In response to questions by Mayor Munson of why the lease lapsed, Mr. Driskell said he is uncertain of the chain of events, adding that the County had entered into an agreement with Splashdown which agreement expired in 2007 when Splashdown did not give notice of intent to renew; and that Mr. Driskell feels there is no harm in moving as recommended at this point. There was Council consensus to place this on the next Consent agenda, for the short-term lease, and the extended negotiations. 9. Stormwater Utilities — Cary Driskell Deputy City Attorney Driskell explained that Council had previously adopted Ordinance 03 -031 which established the stormwater and surface water utility in 2003, which ordinance was codified in Title 10 as part of what was referred to as the development code, although it should have been placed in Title 3 with other finance related topics. Mr. Driskell said that Ordinance 07 -015 which adopted the new development code (the UDC), unintentionally removed the stormwater and surface water utility; and that this action will replace the omitted sections. There was Council consensus that staff proceed with the new ordinance re- adopting the storm and surface water utility. Mayor Munson called for a short recess at 7:03 p.m. and he reconvened the meeting at 7:13 p.m. 10. Transportation Benefit District— Cary Driskell Deputy City Attorney Driskell explained that this is a continued discussion from the previous meeting, wherein Council had several questions concerning the draft ordinance. One question, Mr. Driskell explained, was the language of 3.85.050 Sunset /Repealer Provision, and of the request to have other language inserted. Mr. Driskell said that the added language can be something identifying a potential street utility, or an alternate action by Council to repeal the entire section, but that the language contained therein needs to be specific rather than general. Mayor Munson said he prefers the language of repealing the section as there is only a potential of having a street utility fee; Deputy Mayor Denenny stated that adding the language or not doesn't preclude Council from repealing the ordinance or sections in the future, and he and Councilmember Gothmann both stated they prefer the current draft. Mr. Driskell said he changed the "within 90 days of enactment" clause and substituted "at the end of the calendar year" for ease in administration; and that he also suggested removing the words "an estimated" from the beginning of 3.85.030 A and B so that each section would read "Eighty percent" and "Twenty percent" respectively. There was also brief discussion about the "Metropolitan Transportation Plan" document adopted by the Spokane Regional Transportation Council, which addresses the need to preserve and maintain existing roads. Councilmember Gothmann asked about including a provision for seniors, and Mr. Driskell said there is no provision in the statutes to allow for seniors or other identified groups, such as low- income individuals. Study Session Meeting Minutes: 04 -15 -08 Page 3 of 4 Approved by Council: 05 -13 -08 Continued discussion included the need to bring this forward to the public prior to enactment of any street utility fee; of the need for extended discussion regarding funding issues in our street fund; to extend this topic discussion out over several months (as opposed to a four -hour long single topic meeting) in order to get the community involved and informed of the needs and priorities, to see if commitment to a TBD is the appropriate financial tool to meet those needs; and mention that the preferred method would be to bring this issue before the entire council rather than just the Finance Committee for discussion. Mr. Mercier added that this would also be a part of our strategic planning, and mentioned that the four elements of strategic planning include (1) a SWOT analysis (strengths, weaknesses, opportunities, and threats) on transportation; (2) the six -year transportation financial goals; (e) creation of a gap analysis; and (4) how to close that gap. Discussion of the SWOT segued into the next agenda topic: the advance agenda. 11. Advance Agenda — Mayor Munson Mayor Munson mentioned that the SWOT for transportation financial issues is scheduled for Council discussion next week. Councilmember Taylor mentioned the recent developer's forum which proved to be very productive, and added . that he would like to see the list of UDC items Ms. McClung is working on, as he would like to examine issues concerning sidewalks, duplexes, and possible other topics of interest. Mr. Taylor also mentioned he would like to see a list of comp plan changes which are coming up for review before the Planning Commission. 12. Council Check -in — Mayor Munson Deputy Mayor Denenny distributed a copy of "Spokane Transit Financial Projection" slide to Council, which shows a detailed graph of the use of the capital funds and the deterioration of those funds over a short period of time. Mr. Mercier noted the "assumptions" on the slide and mentioned our own six -year financial forecast has revised a downward projection of sales tax. 13. City Manager Comments — Dave Mercier Mr. Mercier said that he and Mayor Munson have scheduled May 20 to meet with our lobbyist, and if Councilmembers have ideas for the 2009 legislative calendar, to please let Mr. Mercier or the Mayor know prior to May 20. Executive Session: It was moved by Deputy Mayor Denenny and seconded to adjourn into Executive Session for approximately thirty minutes to discuss land acquisition and potential litigation, and that no action is anticipated thereafter. Council adjourned into Executive Session at 7:59 p.m. Mayor Munson declared Council out of Executive Session at 8:20 p.m. It was moved by Councilmember Wilhite, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:21 p.m. ATTEST: ..r- istine Bainbridge, City Clerk Study Session Meeting Minutes: 04 -15 -08 Approved by Council: 05 -13 -08 Page 4 of 4 580 5711 S60 550 5411 530 S20 510 S- Spokane Transit Financial Projection ,Sslurnulimm% 6.85% Sales Ti a Growth In 2007 33% Saks Tan Growth in 2008 3.0% Sales Tax Growth In 2009 -2020 2007 Projection (as of 11!1512007) -- 2008 Budget Proposal 2010 2011 2012 2013 2014 2020 2006 Actual 2007 2008 Budget 2009 Projected Projected Projected Projected Projected Projected Projected Projected Carry over Local Capitol MliCo-Op Project Expense =Operating F_xpeme Local Capital Expense ®Co-op Project Carryover IM Revenue NMI Misc Revenue Self insurance Risk %m em Hoard Designated Reserve Cash Balance (EOY)