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2008, 06-03 Study Session MinutesPresent: Councilmembers: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Diana Wilhite, Councilmember Absent: Steve Taylor, Councilmember MINUTES CITY OF SPOKANE VALLEY CITY COUNCIL STUDY SESSION Tuesday, June 3, 2008 Staff: Mike Jackson, City Manager Mike Connelly, City Attorney Greg McCormick, Planning Manager Mike Stone, Parks and Recreation Director Steve Worley, Senior Engineer Mike Basinger, Senior Planner Cary Driskell, Deputy City Attorney Micki Harnois, Associate Planner Tavis Schmidt, Assistant Planner Karen Kendall, Assistant Planner Inga Note, Senior Engineer, Traffic Bill Miller, IT Specialist Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting Employee introductions: Deputy City Attorney Driskell introduced new legal interns Dena Burke and Brian Holleran; followed by Deputy City Manager Mike Jackson introducing new Human Resources Manager John Whitehead. Council greeted and welcomed the new employees. Roll Call: At Mayor Munson's request, City Clerk Bainbridge called roll; all Councilmembers were present except Councilmember Taylor. It was moved by Deputy Mayor Denenny, seconded, and unanimously agreed to excuse Councilmember Taylor from tonight's meeting. ACTION ITEMS: 1. Second Reading Proposed Ordinance 08 -010, STV 01 -07 Street Vacation — Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Wilhite and seconded to approve ordinance 08 -010. Assistant Planner Kendall explained the changes since the first reading, that the paragraph regarding the fees was an oversight, that there would be no compensation necessary as they are vacating and rededicating the street; and that there are also some scrivener's errors as noted. After going through the PowerPoint, there was brief council discussion concerning utility placement and Ms. Kendall mentioned that the utility companies have asked for an easement as it is not necessary to relocate utilities. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Munson then invited general public comments; no comments were offered. 2. Proposed Resolution 08 -011 Non - Recourse Revenue Bonds — Mike Jackson It was moved by Councilmember Wilhite and seconded, to approve Resolution 08 -011 approving issuance by the Industrial Development Corporation of Spokane Washington of its non - recourse revenue bonds. Deputy City Manager Jackson explained that this resolution was submitted to us by Koegen Edwards, and is similar to those Council received in the past concerning economic development revenue bonds, and as in those past instances, this resolution attaches no city liability to the financing; and he added that time is a factor as these bonds are scheduled for finalization June 16 and after Council review, they must be Study Session Meeting Minutes: 06 -03 -08 Page 1 of 5 Approved by Council: 06 -24 -08 submitted to the County for their approval of a resolution as well. Mayor Munson invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Motion Consideration: Consultant Selection City Center EIS — Greg McCormick It was moved by Councilmember Wilhite and seconded, to authorize the city staff to enter into contract negotiations with Berger /Abam -J.D. White for the City Center environmental impact statement /planned action ordinance project, and authorize the City Manager or designee to sign the final contract. Planning Manager McCormick explained that staff issued a request for qualifications last January for firms to prepare an environmental impact statement (EIS) and planned action ordinance for the City Center; that a response was received from Perteet, Inc., ESA Adolfson, and Berger /Abam, and that after interviews and reference checks performed, staff recommends Berger as the top firm for the project. Mayor Munson invited public comment; no comments were offered. It was also mentioned that the draft scope of work is within the budget. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Barker Road Bridge Bid Award — Steve Worley It was moved by Deputy Mayor Denenny and seconded, to award the Barker Road Bridge replacement project contract to Morgen & Oswood Construction Co., Inc., in the amount of $9,449,354.75. Engineer Worley explained that three bids were received for this project; and the bid from Morgen & Oswood was the low bidder; that the packet contains a copy of the bid tabulations, with schedule A as the bridge replacement, B as the utility work which is to be reimbursed to the City, C is for the separate traffic related issues, and Schedule C Alternates (C1, C2 and C3) are for the bridge artwork previously authorized by Council, in an amount not to exceed $74,000. Mr. Worley stated that the bids for the artwork exceeded that $74,000 approved cap, that the bids were higher than originally anticipated and even with the federal grant of up to $9.985 million, there will be a $1.266 million shortfall; but that we can cover the shortfall with revenues we currently have; and that staff recommends moving the bid forward. Mr. Worley also explained that public works received a protest from the second lowest bidder, which was reviewed by Public Works and by Legal and that company was notified that the protest was determined to be without merit. Discussion followed concerning the artwork and the timing involved, and the question arose of when the contractor would need to know any decision on whether to incorporate any of the artwork. Mr. Worley explained that to give the City the best price on everything, staff selected the low bidder based on the sum of all schedules, that we could award the entire schedule and prepare change orders afterwards if that is the direction Council desires. It was determined to proceed with the entire bid award as stated but to impose a 90 -day window, and that Council will re -visit this issue prior to the expiration of that 90 -days. Mr. Worley said staff will bring this to council within the stated time frame, for discussion on whether to remove C1, C2, and /or C3 within the next ninety days. Mayor Munson invited public comment. Greg Oswood of Morgen and Oswood thanked Council and staff for this opportunity, and said that the 90 -day time frame will be more than sufficient. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Mayoral Appointments — Mayor Munson Mayor Munson reported that Councilmember Taylor has accepted a new full -time position and because of his travel schedule and demands associated with that new position, he has asked to be relieved from committee assignments until he gets a better idea of his time commitments, and that Mayor Munson stated the reassignments as follows: Mayor Munson to the Chamber of Commerce Board; Deputy Mayor Denenny to the Finance Committee and Spokane County Solid Waste Advisory Committee, Councilmember Dempsey to the Spokane Regional Clean Air Agency, and Councilmember Gothmann to the Lodging Tax Advisory Committee and Spokane County Affordable Housing Task Force. It was Study Session Meeting Minutes: 06 -03 -08 Page 2 of 5 Approved by Council: 06 -24 -08 moved by Deputy Mayor Denenny and seconded to confirm the just- stated appointments. Mayor Munson invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor Munson again invited general public comments; no comments were offered. Mayor Munson called for a short recess at 6:31 p.m., and reconvened the meeting at 6:41 p.m., at which point Mayor Munson also explained that Council would not be having an Executive Session tonight. REGULAR STUDY SESSION ITEMS: 6. Valley Hospital Process Update — Ron McKay and Judy Cole Mayor Munson welcomed Ron McKay and Mike Taylor, Board Members of Empire Health Services (EHS). Mr. McKay thanked Council for the opportunity to speak about the pending transactions concerning Deaconess Medical Center and Valley Hospital, and went through his PowerPoint explaining the recent organizational history of EHS and the severe financial and operational challenges faced recently. The presentation also mentioned some of the criteria for a partner and which of those criterions have been fulfilled by Community Health System, which included hiring all EHS employees at the time of close, and honoring their rate of pay and seniority level. At the completion of the presentation, Mr. McKay asked for either a resolution or letter of support, and there was Council consensus that Council would send such a letter. 7. Argonne and Indiana Avenue — Neil Kersten /Inga Note Public Works Director Kersten stated that the Valley Police Precinct notified the Public Works Department of recent collisions at the Indiana /Argonne intersection; that the Washington State Department of Transportation (WSDOT) database shows 35 reported collisions from January 2003 through December 2007, and of those, twenty were between the northbound left -turn movement and the southbound through movement; and that during the peak hours, the southbound traffic tends to back up from the I -90 interchange signal and block the intersection with Indiana, and that cars in the inside two lanes will often stop short leaving a gap for northbound left turns to cross Argonne; but that the curb lane is usually free flowing so drivers can cross the two inside lanes, which they do but when they do, they can't see the moving car in the curb lane, resulting in a collision with speeds sometimes between 30 and 35 miles per hour; and that while other areas might generate more accidents, accidents in this area are as a direct result of a functional problem, and that staff identifies such areas of concern for possible consideration of how to rectify the situation or minimize some of the accidents, and that this is the number one intersection identified by the police department. Police Department Sgt. Mike Zollers concurred with Mr. Kersten's assessment, and said that one recommendation is to close the northbound to westbound turn lane, but that would have an impact to the school and others; and mentioned that the former Tidyman's building will soon be occupied by a church, which will create greater evening and weekend traffic; and it was mentioned that another suggestion would be to alter the timing of Argonne and Knox. Further discussion included mention of difficulty for traffic to enter Marie Calendars; of directing or having traffic diverted to go to Argonne and Knox and make a U -turn, and that such a detour is estimated to be less than one - quarter mile; mention of placing signs for limited turns during certain peak traffic hours; further mention that such signs are likely to not be well- respected by drivers without high levels of enforcement; of the need to notify those affected businesses if changes would affect their clientele; of the speculation of how long it would take for traffic to take the mentioned detour and U -turn; mention of directional signs; various lighting systems or blinking amber or red lights; and of the need to alert traffic to the existence of Hutchinson Road. There was Council consensus that staff research these issues, including discussion with business owners, and Mr. Kersten mentioned that the signs could be implemented first followed by monitoring of the intersection to see if the problem was being alleviated, or at least reduced. Study Session Meeting Minutes: 06 -03 -08 Page 3 of 5 Approved by Council: 06 -24 -08 8. Solid Waste Franchise Update — Cary Driskell Deputy City Attorney Driskell gave a brief update by explaining that Council recently participated in a transportation financial SWOT (Strengths, Weaknesses, Opportunity and Threat) analysis, a six -year goal setting exercise and analysis and one of the options mentioned dealt with solid waste contracting options, and he stated that staff seeks direction on whether to open exploration discussions with Sunshine and Waste Management regarding new franchises, and if those discussions are authorized, some of the issues addressed could include rates, mandatory pickup, enhanced recycling, franchise fees, and hours of collection. Deputy Mayor Denenny noted that the Request for Council Action indicated a recommended action to place a motion on the next consent agenda, and he questioned the need for such motion, stating he sees no problem in beginning the conversation, stressing that this would not be a negotiation or re- negotiation, but merely discussion; which discussion Mayor Munson added could include pros and cons on using this as a revenue source and any affect such might have; and stated that those items listed above by Mr. Driskell are within those discussion parameters. There was Council consensus that no further motion would be needed, but that Council concurred for staff to proceed with exploratory discussions on the mentioned topics. Mayor Munson called for a recess at 7:46 p.m., and reconvened the meeting at 7:50 p.m. 9. Comprehensive Plan Amendments — Greg McCormick /Mike Basinger Planning Manager McCormick explained that he and planners Mike Basinger, Tavis Schmidt, and Micki Harnois will be giving Council an overview on the 2008 Comp Plan Draft Amendments based on the Planning Commission's and staff's recommendations. In explaining Comp Plan proposed changes CPA 01 -08 through 03 -08, Ms. Harnois explained that the only change which received public testimony at the Planning Commission hearings was CPA 03 -08, and that proposal received several comments; and said that the Planning Commission recommended all items for approval. It was mentioned that Council would like to receive information showing the Planning Commission's discussion and how they voted on each proposal. Mayor Munson added that he wanted to receive documentation showing how these changes will `promote the general safety, health and general welfare" and how the Planning Commission came to each determination. Mr. McCormick explained that anything built in the proposed area, would have to meet the Building Code regulations and all other state and municipal standards, and said that staff cannot give specific information prior to building development, but once staff knows what is proposed, they can do specific review and analysis as part of the completion of any proposed project, and that many of these issues are addressed during the planned review level, and would not be addressed until there is a proposed project. Mr. McCormick also explained that rather than draw zoning lines on property lines, which is awkward and not a good break, that the preferred method is to use some physical feature to show breaks in zoning; that staff feels this CPA 03 -08 change is appropriately delineated as it brings that line to a more defined boundary using Marguerite rather then using a back property line; and that this proposal includes five parcels and not just one piece. Mayor Munson questioned how decisions can be made without knowing what will be built as such would seem arbitrary; and Mr. McCormick responded that it doesn't appear to be a substantial change in conditions, to which City Attorney Connelly added that this is not a site specific request, and that criteria is as set forth in the code for comprehensive plan changes, and that what is built there is not one of the criteria in the code, but that we can consider the types of uses allowed under a zone change and by use of the matrix. Mayor Munson said he had additional questions and would submit those to staff in writing. After a few more comments, City Attorney Connelly cautioned Council about not getting into deliberation as we are not at that stage yet, as this is a presentation, and deliberation Study Session Meeting Minutes: 06 -03 -08 Page 4 of 5 Approved by Council: 06 -24 -08 will ultimately occur, but tonight is to listen to the presentation and ask questions, and when such ordinance is before Council, they will have ample time to express options. Planner Schmidt then explained CPA 04 through 06, said that the Planning Commission recommended approval on 4 and 5, and that approval for CPA 06 -08 is subject to approval for CPA 05 -08; and said that there were no comments on these proposals. Mr. Basinger then reviewed CPA 07 and 08 and said that he received an e-mail on CPA 08 from a neighbor who was interested in what might be located there, to which staff responded that there is no guarantee what will be there under the scheduled permitted uses, but added that he spoke with the applicant who indicated they were not planning a convenient store. Mr. McCormick went over the various proposed text amendments, many of which were minor updates; but that proposed changes to Chapter 2 included the issue of potential annexation and what that means, along with a new goal and new map 2.2; that an inconsistency was noted in policy 9.1 about having a variety of housing allowed like apartments or condos, and in the Appendix 19A permitted use matrix, they were not allowed, and that staff felt it appropriate to update the appendix to allow those uses, which the Planning Commission also recommended; and that there would be changes to Chapter 9 to reflect the park property in Greenacres. Mayor Munson reiterated his desire to see how the Planning Commission arrived at their recommendations. 10. Information Only: (a) Pines/Mansfield Contract Award; (b) Broadway Infraction Data; (c) City Hall Final Program were information only items and were not discussed or reported upon. 11. Advance Agenda — Mayor Munson Deputy Mayor Denenny reminded Council as mentioned in the packet materials, to retain some of those materials for upcoming meetings. Councilmember Wilhite asked to be excused from the next meeting. 12. Council Check -in — Mayor Munson — no further comments. 13. City Manager Check -in — Mike Jackson Mr. Jackson mentioned he received an e -mail which Mr. Mercier received from our Lobbyist, and he will circulate that for review. r �v � I •• There being no further business, Mayor Munson adjourned the meeting at 8:46 p.m. ATTEST: it Stine Bainbridge, ity Clerk Study Session Meeting Minutes: 06 -03 -08 Approved by Council: 06 -24 -08 Removed from the agenda. Page 5 of 5