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2015, 11-10 Formal Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,November 10, 2015 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff': Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager Chuck Hafner, Councilmember Cary Driskell, City Attorney Rod Higgins, Councilmember Erik Lamb, Deputy City Attorney Ed Pace, Councilmember Mike Stone, Parks&Recreation Director Ben Wick, Councilmember Chelsie Taylor, Finance Director Bill Gothmann, Councilmember Pro Tem John Hohman, Comm &Economic Develop.Dir. Eric Guth, Public Works Director Chris Bainbridge, City Clerk INVOCATION: Pastor Al Hulten of the Valley Assembly Church gave the invocation. PLEDGE OF ALLEGIANCE Council, Staff, and audience stood for 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 Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: City Manager Jackson introduced Chelsie Taylor, who has been serving as the Interim Finance Director for the past six months, and who was recently chosen as the City's Finance Director. After City Clerk Bainbridge administered the Oath of Office to Ms.Taylor, she was congratulated by Councilmembers. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS Councilmember Gothmann: said he attended the Argonne/Mullan/Broadway Intersection meeting where he heard explanations of what work would be done,also that business people in the area would be contacted about the options for closing the intersection;attended the Museum luncheon;visited Perfection Tire's new operation and said the establishment's manager was very complimentary of our City processes. Councilmember Wick: reported that he also attended the Museum luncheon, and mentioned the horse slaughter event, and said he saw a photo of the Sullivan Bridge from the 1950's. Deputy Mayor Woodard: said he went to some Chamber meetings where they were working to finalize their legislative agenda and coordinate theirs with ours; attended the Wastewater Advisory Committee meeting where they discussed budgets and projections,and said there will be no increase for next year with minimal increases thereafter. Councilmember Hafner: reported that he attended the Visit Spokane tourism meeting; went to the 9-1-1 emergency meeting and mentioned the 1/10 of 1% initiative of several years ago for the emergency communications system, said eighteen towers are now in Spokane County which enables first responders to communicate with each other;also mentioned the return of Crime Check during that period;said Internet responses have dramatically increased over time; said he attended a Board of Health meeting where they discussed the legislative agenda, including rail safety, distractive driving, and use of e-cigarettes and marijuana in the high schools;went to a meeting about homeless students in Spokane County and said there Minutes Regular Council Meeting: 11-10-2015 Page 1 of 6 Approved by Council: 12-08-2015 are approximately 3,000 homeless students in our county with many students sleeping overnight in cars; said he met with some people talking about a sports complex out here in the valley,not to be confused with the one downtown, and he met with Central Valley School Superintendent Ben Small who acknowledged that anything we do will cost us money; and said he attended a SCOPE Executive meeting. Councilmember Pace: said he attended the Chamber Government Affairs meeting concerning the drafting of legislative agendas; met with the Board of Health and said he is pushing for the state to allow mid-level dental practitioners, much like the Physician Assistants for Doctors. Councilmember Higgins: said he met three times with the Clean Air Board for meetings and their retreat; attended the annual Visit Spokane meeting; went to the Spokane County Growth Management Steering Committee of Elected Officials where all three County Commissioners attended; said it was strange as the committee wanted to move things to the Board of County Commissioners, but the Board was against it; said the suggestion was to adopt the population allocation numbers which have been shown to be historically correct, but said the County wanted to go back and do other things that would take longer; and said he reminded everyone we are trying to complete our Comprehensive Plan Review, which Plan relies on those numbers. MAYOR'S REPORT Mayor Grafos said he chaired the Growth Management Steering Committee of Elected Officials meeting and experienced that same sense of lack of accomplishment; and said he participated in the City's Finance Committee meeting concerning the Sullivan Bridge project. PROCLAMATION: (1) World Pancreatic Cancer Awareness; (2) Veterans Day After Mayor Grafos read the two proclamations, Ms. Terri Capozzo accepted with thanks, the World Pancreatic Cancer Awareness Proclamation; followed by Ms. Diane Watters accepting, also with thanks, the Veterans Day Proclamation. PUBLIC COMMENTS: Mayor Grafos invited public comments. Krisinda Marshall: spoke of her opposition to the sidewalk project on Blake; said cars speed excessively up and down the street and over the years she witnessed countless wrecks; said crime rate increases, especially with people stealing things from yards; said if sidewalks were put in, it would open up Blake to even more crime and said the sidewalks are a gateway into their neighborhoods; said there was a "bum" passed out on a bench on the trail; that she was on the trail and went by five suspicious kids who were looking into other people's yards; said she can't stop the trail from being finished but doesn't want the sidewalks on her street as that will mean more unwanted people browsing the neighborhoods and houses; she presented the City Clerk with signatures of several residents also against this project; and she urged Council to reconsider their previous decision. Elizabeth Sexton: agreed with Ms. Marshall about not wanting sidewalks in the area; said a sidewalk will destroy the big maple trees and allow people to practically walk through her living room and said she doesn't believe it is beneficial to the area and also hopes Council will reconsider. 1.PUBLIC HEARING: Extension of Moratorium on Unlicensed Marijuana—Erik Lamb Mayor Grafos opened the public hearing at 6:43 p.m. As noted in his November 10, 2015 Request for Council Action form, Deputy City Attorney Lamb noted the purpose for the proposed six-month extension of the moratorium on unlicensed marijuana; said that state law authorizes this renewal provided a public hearing is held in advance and the City afterwards adopts findings of fact justifying the extension. Mayor Grafos invited public comment. Jason Dixon, Otis Orchards: said he owns the medical marijuana store "Herb Nerds" on East Indiana and that his brick and mortar store would be adversely affected by this moratorium and said his and two other stores would be forced to close from July 1, 2016 until November 2016,which he said is not conducive to a business, and that the City would be"rolling dice"with the lives of real people and asked for the love of family and the sake of survival,to please adjust the end date of the moratorium for these three stores from October 2016 to July 1, 2016 to patch a flaw in the current moratorium on additional licenses. He also noted that the word "license" in this policy has substantially Minutes Regular Council Meeting: 11-10-2015 Page 2 of 6 Approved by Council: 12-08-2015 hurt the tax paying long standing existing medicinal marijuana dispensaries which are fully qualified to be able to merge. Steve Schneider, Spokane County: said he owns commercial rental space and has concerns about his tenant Jason Dixon,who he said will be forced out because of this moratorium and that he hopes something can be figured out so his and other businesses can survive; as a commercial rental he wants as many tenants as possible,that he would lose income,and those renters have families. There were no further comments. Councilmember Gothmann said he is confused on the four months referenced by the speakers. Mr. Lamb explained that tonight's moratorium is an extension of the original moratorium on the unlicensed marijuana uses and that at that time that didn't require a Liquor and Cannabis Board marijuana retail license, but with the reconciliation of medical and recreational going forward, those unlicensed medical uses need to get a marijuana retail license from the WSLCB; and they are still unlicensed for purposes of the second moratorium which is later in tonight's agenda, and said perhaps tonight's public comments are for that agenda item instead of this one;that the July date is the date whereby the state has mandated that collectives must have that Board marijuana license; he said when the City adopts its regulations,we will terminate the moratorium adding that we are well into that process and working to get those regulations before Council as soon as possible. City Manager Jackson added that there has been no decision about whether the City will issue additional licenses; and Mr. Lamb concurred,and said once the City regulations are in place,the moratorium will be lifted, but we don't know what those regulations will be yet. Mayor Grafos closed the public hearing at 6:56 p.m. 2. 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. Proposed Motion:I move to approve the Consent Agenda. a. Approval of vouchers on Nov 10, 2015 Request for Council Action Form Totaling$1,511,143.99 b. Approval of Payroll for Pay Period Ending October 31, 2015: $448,097.53 c. Approval of October 27, 2015 Formal Format Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS 3. Second Reading Proposed Ordinance 15-019 Adopting 2016 Budget—Chelsie Taylor After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded, to approve Ordinance 15-019 adopting the 2016 budget. After Finance Director Taylor went over some of the highlights of the budget, Mayor Grafos invited public comments. No comments were offered. Councilmember Pace said he feels this budget should be capped at 1% over the previous year and that it would be inappropriate for Council to dictate how that could be accomplished; said Council sets the goals and policies and the City Manager runs the City.Councilmember Wick said this is a great budget and much has been added,including the city hall construction fund as well as maintenance for the new city hall; expansion and a power shift of the police force,the Parks and Recreation Appleway Trail,and Browns Park and said he is very supportive of the budget. Vote by Acclamation: In Favor: Mayor Grafos, and Councilntembers Hafner, Higgins, Wick and Gothmann. Opposed: Deputy Mayor Woodard and Councilmember Pace. Motion carried. 4. First Reading Proposed Ordinance 15-020 Adopting Marijuana Findings of Fact—Erik Lamb After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded to advance Ordinance No. 15-020, adopting findings of fact justifying the adoption of Ordinance No. 15- 017 and the establishment of a moratorium on new licensed or registered marijuana uses, to a second reading. Deputy City Attorney Lamb explained that this is the moratorium concerning new licensed marijuana uses;that this is a one-year moratorium but will be terminated upon adopting the City regulations. Mayor Grafos invited public comment; no comments were offered. Councilmember Pace said he had Minutes Regular Council Meeting: 11-10-2015 Page 3 of 6 Approved by Council: 12-08-2015 previously been against the moratorium because citizens voted to legalize this and if people want to smoke it in their home, then he feels that is up to them; but after the public hearing he changed his mind because of the unlicensed uses polluting the waters; said he would like the state to admit there is no such thing as medical marijuana and refer to recreational licensed or unlicensed uses; said he spoke with some administrators of public clinics as well as mental health professionals asking them if they would be issuing cards, and they told him they wouldn't touch this; said he spoke to a medical doctor who said there is no evidence or studies about medical marijuana other than anecdotal support;and said that if this is a medicine it should be prescribed by a licensed medical doctor and issued by a licensed pharmacist. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5. First Reading Proposed Ordinance 15-021 Amend SVMC 2.65 Credit Accounts—Cary Driskell. Erik Lamb After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 15-021 amending chapter 2.65 SVMC relating to establishment and use of credit cards and credit accounts to a second reading. City Attorney Driskell briefly explained that this ordinance and the one following are the results of a review process of the City's purchasing and contracting regulations, which resulted in several revised sections of the City's Code. Mayor Grafos invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None.Motion carried. 6. First Reading Proposed Ordinance 15-022 Amending SVMC 3.30 Purchasing—Cary Driskell, Erik Lamb After City Clerk Bainbridge read the ordinance title,it was moved by Deputy Mayor Woodard and seconded to advance Ordinance 15-022 repealing chapters 3.35, 3.40, 3.45 and 3.50 SVMC; amending SVMC 3.30.030; and adopting new chapters 3.35, 3.40, 3.41, 3.42, 3.45, 3.46, 3.47, 3.48 and 3.49 SVMC, to a second reading. City Attorney Driskell explained that the bulk of the changes are contained in this ordinance, and he briefly went over some of the sections concerning the difference between contracts and purchasing goods; said these ordinances will also provide a clean framework for the auditors; adding that the ordinances would be effective May 1, 2016, in order to give sufficient time for staff training. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 7. Proposed Resolution 15-009 Setting 3rd Ave. Street Vacation Planning Commission Public Hearing— Karen Kendall It was moved by Deputy Mayor Woodard and seconded to approve Resolution 15-009 setting December 10, 2015 as the date for a public hearing before the Planning Commission on Street Vacation Application STV 2015-0001. Planner Kendall explained that an application was received to vacate a portion of Third Avenue; she explained the area in question, and said this resolution would simply set a public hearing for the Planning Commission; she also noted that all parcels are owned by one person. Mayor Grafos invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Mayor Grafos called for a recess at 7:23 p.m.; he convened the meeting at 7:35 p.m. 8. Motion Consideration: Collective Bargaining Agreement—John Whitehead It was moved by Deputy Mayor Woodard and seconded to ratify the Collective Bargaining Agreement between the City of Spokane Valley and the Washington State Council of County and City Employees;Local 270V,American Federation of State, County and Municipal Employees(AFSCME),for the term ofJanuary 1, 2016 through December 31, 2018, and authorize the City Manager to finalize and execute the agreement. Human Resources Manager Whitehead said that the agreement has tentatively been agreed to by management's and the union's bargaining teams;the term of the agreement is three years beginning 2016; Minutes Regular Council Meeting: 11-10-2015 Page 4 of 6 Approved by Council: 12-08-2015 he said the union membership ratified this October 13; he noted the agreement maintains the City's merit system pay for performance,and keeps the City's ability to provide quality service and strategies addressing increasing costs of health care, and allows the City to attract and keep excellent employees. Mayor Grafos invited public comment;no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Grafos invited public comment; no comments were offered. ADMINISTRATIVE REPORTS 9. Lodging Tax Advisory Committee(LTAC) Recommended Allocations—Mark Calhoun Deputy City Manager Calhoun explained some of the history of the LTAC as well as the process leading to the LTAC committee's recommended allocations; and said this item is scheduled as a motion at the December 8 Council meeting. Councilmember Pace said he likes what the committee did, but some things to think about for the long term are that he feels businesses need to be responsible for their own marketing, not the government;that government should stay out of tourism promotion and stick with public safety and infrastructure; he thinks we need to lobby the state to go back to the old way where the distribution was decided by Council and not the committee; and that distributions should be based on heads in beds; instead of giving money to Visit Spokane it should go to the Hotel Association and if they want to contract with Visit Spokane they can, or have a coalition to get together and raise money; he would also encourage the HUB contracting with the Sports Commission. Councilmember Wick thanked Council for the goals and said they were heavily weighed in the committee's discussion; said there was quite a bit of discussion and compromise to get from the$946,000 requested to the$560,000 budgeted; said he is comfortable with the recommendation;and concerning the suggestion of giving the funds to the Hotel/Motel Association,he said that sounds similar to the TPA (Tourism Promotion Area); and said he also feels the committee's recommendation is good. 10. Comprehensive Plan Docket—John Hohman Planner Barlow explained the background for the 2016 comprehensive plan annual amendment; said we only received one request and that was from AVISTA;and said if Council agrees,this will come to Council at the November 17 meeting for a motion. Council concurred. 11.New Website—John Whitehead Human Resources Manager Whitehead explained that tonight is the initial look at our new website design, which he said is not currently live;and explained that this was done in response to concerns that the current website isn't mobile-friendly. After Mr. Whitehead explained several of the features of the website, Councilmember Pack asked about getting put input and testing of areas. Mr. Whitehead said testing of areas continues, but they have not solicited public input. 11.Advance Agenda Deputy Mayor Woodard suggested moving the December 8 Planning Commission appointments to January 5 as he feels the incoming mayor should be the one to do the appointment recommendation; he said he realizes this is not in the Governance Manual but he would like the committee to consider making that change. Mr.Jackson explained that the intent was to have the Planning Commissioners in place by the first of the year, but that staff would work to have the appointments in January if that is Council's desire.After further brief discussion, it was determined to move the appointments to January. Councilmember Pace asked about the previous comments concerning the sidewalk on Blake and that he would like to take another look at that project. Mr. Jackson explained that the application has been submitted, and Councilmember Wick also noted we want to make sure we don't lose the funds. Councilmember Gothmann noted we can't spend the money on something else since there are specific Minutes Regular Council Meeting: 11-10-2015 Page 5 of 6 Approved by Council: 12-08-2015 parameters for use of these Block Grant Funds. Mr. Jackson mentioned talking with the members of the neighborhood and Councilmember Hafner agreed that Council should hear from more neighbors. There was some discussion about the comprehensive plan and the timing and getting that population allocation figure; and Councilmember Pace suggested we tell the"state and county to stuff it"about using that number; that we need the number as it is a tool for economic development. Mr. Jackson said we will have that conversation again, but the risk is spending the $300,000 then having that being undone if those figures are based on an incorrect number. Mayor Grafos suggested we need to follow the rules since we are spending the citizens' money. Councilmember Pace asked what would happen if the state doesn't approve our comp plan, and Councilmember Wick said if we don't have an approved plan, we would no longer be able to receive any federal funds for transportation projects.Mr.Jackson said he will discuss this with the consulting attorneys; that he is convinced the risk is real; that people watch-dog these processes and that figure also helps determine where you place multi-family housing; adding that it is the County that formally adopts the population allocation. INFORMATION ONLY: The (13) Legislative Agenda; (14) Quarterly reports of Parks and Recreation, and Operations and Administration; (15) Sullivan Bridge Change Order #7[Centennial Trail]; and (16) Private Rideshares were for information only and were not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson said next week's council meeting will include a presentation from the Chamber about their Big 5 project; mentioned the talking points legislative agenda that he distributed to Council's place at the dais, asked Council to please read it, that it can change, and that he also sent it to Briahna Murray. Regarding the change order also distributed to Council, said the Finance Committee agreed for him to sign that, that it is larger than anticipated, and that staff is having discussions with the engineer to determine their share of the cost; that this change order is$381,000 and the previous change order was $24,783. Mr. Jackson also reported that we were not awarded the TIGER Grant for Barker, although we have not yet received the formal notice; and for consideration next year, Council's goals could include a long-term funding plan for grade separations. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn into executive session for approximately sixty minutes to discuss potential litigation, and that no action would be taken upon return to open session. Council adjourned into executive session at 8:27 p.m. At approximately 9:27 p.m., Mayor Grafos declared Council out of executive session, and immediately thereafter, it was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. AT ES : TSean Grafos,May Christine Bainbridge, City Clerk ( V Minutes Regular Council Meeting: 11-10-2015 Page 6 of 6 Approved by Council: 12-08-2015 GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, November 10, 2015 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF RESIDENCE PLEASE PRINT WILL SPEAK ABOUT 5 N.ncl�� �l o I��l( ux�l k,S �n � o�a�� �;c� l ��.. Please note that once information is entered on this form, it becomes a public record subject to public disclosure. SPOKANE VALLEY CITY COUNCIL MEETING PUBLIC HEARING SIGN-IN SHEET November 10, 2015 SUBJECT: Marijuana Moratorium Please sign below if you would like to speak at the PUBLIC HEARING. PRINT NAME AND ADDRESS FOR THE RECORD. There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME Your City of Residence PLEASE PRINT 4,50►/k brX6 A 61t0i^ck rcL Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Spo .....''''''''...\ -._�. Valley CHANGE ORDER NO: 8 DEPARTMENT OF PUBLIC WORKS CONSTRUCTION CONTRACT NO: 14-039 PROJECT: Phase 2-Sullivan Road West Bridge Replacement Project CONTRACT DATE: 8/8/2014 PRIME CONTRACTOR: Max J.Kuney Company CIP NO: 0155 _.DRT ESCRIION;OF.CHANGES_..._... ,. 7;. t _.... .... . ._ This Change Order pertains to: Schedule C-Work on State-Owned Lands The Contractor shall perform Phase 1 of the Centennial Trail realignment work as shown and specified in the attached Drawings (Attachment A)and Technical Special Provisions(Attachment B). Additional assumptions and clarifications shall be as described in the Contractor's November 5,2015 serial letter 028(Attachment C.) Phase 2 of the Centennial Trail realignment work,also shown and specified in the attached Drawings and Technical Special Provisions,is excluded from this Change Order No.8. It is anticipated that the Phase 2 work,which includes revisions to the stairway connection between the South Overtook and the Centennial Trail and the 54-inch high Type 6 chain link fence along the North Retaining Wall,will be authorized at a later date via a subsequent change order. Item No. Description Unit Quantity Unit Price Total CO-8.1(C) Clearing And Grubbing AC 0.1 $ 42,770.00 $ 4,277.00 CO-8.2(C) Sawcut ACP or PCC Pavement LF-IN 24 $ 4.00 $ 96.00 CO-8.3(C) Remove Asphalt Conc.Pavement SY 380 $ 15.00 $ 5,700.00 CO-8.4(C) Roadway Excavation Incl.Haul CY 805 $ 55.00 $ 44,275.00 CO-8.5(C) Crushed Surfacing Top Course,4 In.Depth SY 375 $ 13.00 $ 4,875.00 CO-8.6(C) PSIPE Tree-1 Gal. EA 14 $ 32.00 $ 448.00 CO-8.7(C) Temporary Chain Link Fence LF 100 $ 15.00 $ 1,500.00 CO-8.8(C) Crushed Surfacing Top Course,6 In.Depth SY 125 $ 20.00 $ 2,500.00 CO-8.9(C) Embankment Compaction,Method C CY 675 $ 55.00 $ 37,125.00 CO-8.10(C) HMA CL.112 IN.PG 70-28.0.17'Depth SY 375 $ 25.00 $ 9,375.00 CO-8.11(C) Rock for Rock Wall Ton 98 $ 116.00 $ 11,368.00 CO-8.12(C) Backfill for Rock Wall Ton 41 $ 148.00 $ 6,068.00 CO-8.13(C) Structure Excavation Class B CY 31 $ 177.00 $ 5,487.00 CO-8.14(C) Shoring or Extra Excavation Class B SF 620 $ 21.00 $ 13,020.00 CO-8.15(C) Shaft-36-Inch Diameter LF 239 $ 278.00 $ 66,442.00 CO-8.16(C) Furnishing Soldier Pile-W12x53(See CO m7) LF 304 $ - $ 0.00 CO-8.17(C) Lagging SF 990 $ 33.00 $ 32,670.00 CO-8.18(C) Gravel Backfill for Soldier Pile Wall CY 37 $ 122.00 $ 4,514.00 CO-8.19(C) Removing Soldier Pile Shaft Obstructions Est 1 $ 1.00 $ 1.00 CO-8.20(C) PVC Storm Sewer Inlet EA 1 $ 1,833.00 $ 1,833.00 CO-8.21(C) Solid Wall PVC Storm Sewer Pipe 6 In.Diam. LF 15 $ 18.00 $ 270.00 CO-8.22(C) Outlet Structure EA 1 $ 2,444.00 $ 2,444.00 CO-8.23(C) Reinforced Cement Conc.Cap LF 60 $ 71.00 $ 4,260.00 CO-8.24(C) PSIPE Tree-3 Gat. EA 15 $ 118.00 $ 1,770.00 CO-8.25(C) Remove and Replace Temporary Centennial Trail Protection LF 190 $ 192.00 $ 36,480.00 CO-8.26(C) Roadway Surveying LS 1 $ 5,011.00 $ 5,011.00 CO-8.27(C) Erosion/Water Pollution Colntrol LS 1 $ 2,200.00 $ 2,200.00 CO-8.28(C) Flaggers and Spotters,Min.Bid$45 per hour HR 80 $ 82.00 $ 6,560.00 CO-8.29(C) Mobilization LS 1 $ 18,100.00 $ 18,100.00 CO-8.30(C) Temporary Pavement(Cold Mix AC) SY 400 $ 41.00 $ 16,400.00 CO-8.31(C) HMA CI 1/2 In PG 58-28 0.17 ft.Depth SY 214 $ 26.00 $ 5,564.00 Subtotal $ 350,633.00 8.7%Sales Tax = - _. _ 5 30,505.07 Total Amount of this Change Order(incl.Tax): $ 381,138.07 PHYSICALCOMPLETION Original ContrAt Working Days:-_ 484 __ Revision By This Change Order: 20 Revisions by Prior Change Orders: 10 Total Revised Contract Working Days: 514 COSV Form 9/5/2014 /i_ IA __ f3r if pokane CHANGE ORDER NO: 8 DEPARTMENT OF PUBLIC WORKS CONSTRUCTION CONTRACT NO: 14039 PROJECT: Phase 2-Sullivan Road West Bridge Replacement Project CONTRACT DATE: 818/2014 PRIME CONTRACTOR: Max J.Kuney Company CIP NO: 0155 _:CONTRACT AMOUNT - . THESE CHANGES RESULT IN THE FOLLOWING ADJUSTMENTS OF TOTAL CONTRACT AMOUNT: ORIGINAL TOTAL CONTRACT AMOUNT $ 12,307.560.31 TOTAL PRIOR CONTRACT CHANGE ORDER AMOUNT(through CO#7) $ 44,865.96 TOTAL CONTRACT AMOUNT PRIOR TO THIS CHANGE ORDER $ 12,352,426.27 NET THIS CHANGE ORDER $ 381,138.07 TOTAL CONTRACT AMOUNT INCLUDING THIS CHANGE ORDER $ 12,733,564.34 I CONTRACTOR ACCEPTANCE: /2DATE: 11 /2-0 t S The contractor hereby accepts this adjos(ment{Inde fhrmiof S.clion 1.04,4 of the original contract. RECOMMENDED BY: , �), �',Lp \.-/1/ DATE: )1/6, S Project M$na!er ! r APPROVED BY: j, �7 -%. , DATE: /// // % Public Warl ssDDir/ector • APPROVED BY: // DATE: /� / V / City Manager ATTACHMENTS: c/ A.1 Drawing Sheet TR-07,Centennial Trail Revisions Plan and Profile,Plot Date November 3,2015 A.2 Drawing Sheet RW-01,South Overlook Wall Plan and Sections,Plot Date November 3,2015 A.3 Drawing Sheet RW-01A,South Overlook Wall Plan and Sections,Plot Date November 3,2015 A.4 Drawing Sheet RW-07,Centennial Trail Wall Sections and Details, Plot Date November 3,2015 A.5 Drawing Sheet RW-08,Centennial Trail North Retaining Wall Plan and Elevation,Plot Date November 3,2015 A.6 Drawing Sheet FS-2,WSDOT Std.Plan,Chain Link Fence With Top Rail B Technical Special Provisions-Centennial Trail Revisions;7 pages C Max J.Kuney Company-Serial Letter 028,dated November 5,2015;2 pages Distribution: ORIGINAL TO: City of Spokane Valley Clerk's Office COPIES TO: Contractor,PW Project File,Project Inspector,Finance Department,WSDOT ER Local Programs COSV Form 9/5/2014 Council Notes/Talking Points 2016 DRAFT Legislative Agenda City of Spokane Valley Transportation Funding Request—Barker Road/BNSF Grade Separation (overpass/underpass) The City of Spokane Valley supports identifying future funding opportunities for the Barker Road/BNSF Grade Separation project. Talking Points: • As the state experiences an increase in rail traffic,this particular intersection will become increasingly congested and dangerous. This project will separate vehicle traffic from train traffic and remove the at-grade rail crossing. • The total anticipated cost is $29.2 million. The City has secured $5.84 million from the Washington State Freight Mobility Strategic Investment Board and the project has been identified as regionally significant by the Inland Pacific Hub Study. The City is able to contribute $1.294 million. Contribution from BNSF is $346,000 and from the 2009 Earmark is $720,000. The City is seeking$21 million in future funding for the Barker Road/BNSF Grade Separation. • Additional benefits include: Improve the Level of Service (LOS) of'F' at this intersection, allowing for new development in the industrial-zoned portion of the City; improve emergency access; and help to address concerns about coal trains, including impeded traffic flow, increased whistle noise,and train-vehicle conflict safety. Additional Authority to Recoup Code Enforcement Costs The City of Spokane Valley seeks legislation to provide cities with additional tools to recoup costs for enforcing code compliance when a court order has been issued and a city performs the abatement itself or through a contractor. In particular,the city supports establishing first priority lien authority to assist in the cost recovery. Talking Points: • Our system is based on trying to get the owner or tenant to clean up the mess. • Currently, if the City does the cleanup,the court will enter a judgment for the cleanup amount. It gets recorded with the Auditor's Office, and may or may not get paid. It is a lien with no priority, and routinely gets discharged in foreclosures and most bankruptcies. • We have used Spokane Valley residents' tax dollars to remove health hazards from private property. The City feels it is unfair to the rest of the community that,through a loophole,the property owner can avoid paying the community back. • It is at this point in the process that we are looking to change at least up to the first$2,000 spent by the City. Our average abatement is around that amount if several large cleanups are excluded. • We are asking for two things: First,that any court-ordered amount expended by a city for abatement be considered a special assessment, and thus collectable with the assistance of the county treasurer(through a contract for services)pursuant to RCW 84.56.035. Second,that the first$2,000 of any court-ordered amount be a first-priority lien. Any amount above that would have regular priority, and a city may have to wait a while to collect it until the property transfers owners. • As a special assessment under RCW 84.56.035,this would simply allow cities to contract with their local county treasurer for a range of options to try to collect what is owed, for instance by (1) including what is owed on the notice of property taxes due, (2) by including a separate notice of the amount owed in the property tax bill, or(3) by sending a notice separately from the property tax bill. • The legislation would not make it any easier to abate a nuisance property—a city would still have to go to superior court and get a warrant of abatement to complete an abatement. This legislation just addresses the ability to recover the public funds once the nuisance has been abated. • In past years,the City sought to have the special assessment amount set at$5,000, and it was opposed by the community banks' association. With the level set at$2,000,they have apparently withdrawn their opposition. • Counties already have this authority pursuant to RCW 36.32.120(10), but they don't have a cap on the amount they can collect as a special assessment. The City supports the Association of Washington Cities'legislative agenda items that serve the best interests of Spokane Valley. Policy Statements-2016 Legislative Session This document is an internal document designed to provide guidance to City staff and the City's lobbyist. The policy statements in this document allow the City to quickly take positions on legislation. It is not inclusive of all policy positions the City may take throughout a session. Prevailing Wage—Spokane Valley supports reforming state prevailing wage statutes to the benefit of business, including aligning state statutes with federal law. Spokane Valley would support revisiting HB 1455 which would allow cities to opt out of paying prevailing wages on certain projects. Talking Points: • The City Council believes that application of prevailing wage statutes to public contracting increases the cost of projects,thus decreases the amount of funds available for other necessary projects, and is therefore not in the best interests of the taxpayers in the City of Spokane Valley or the rest of the state of Washington. • The City is supportive of reforming prevailing wage provisions in the RCW relating to all forms of government including state, county, and municipality. Recreational Immunity—Spokane Valley supports legislation that extends recreational immunity to trails that serve both a recreational and transportation purpose. Talking Points: • The City Council believes the concept of recreational immunity should be expanded to ensure that use of trail facilities is covered. Recreational immunity is a doctrine under RCW 4.24200 and .210 which acknowledges the value in private and public land owners allowing the general public access to their lands for recreational purposes by limiting the landowner's liability toward people entering the property and getting injured while recreating. Landowners would still be liable for"injuries sustained to users by reason of a known dangerous artificial latent condition for which warning signs have not been conspicuously posted." • This allows for a much broader availability of recreational opportunities for the public than would otherwise be available. In a recent case out of the state Supreme Court,the Court ruled that an injury to a person on a"Rails to Trails"facility was not covered by recreational immunity under RCW 4.24.210. The Court held that the funding for the project was for a transportation project, not parks, and did not qualify as"recreation." • The City is supportive of amending RCW 4.24.210 to specifically include trail projects within the language of the statute. Such trail projects, like the Appleway Trail and Centennial Trail, are used by a variety of people for different purposes, including recreation and transportation, and it is not easy to ascertain why somebody is on a trail. • The source of the funds should not be determinative of whether the facility is being used for recreational purposes. Instead,the focus should be on whether the facility is likely to be used for recreational purposes. • Such a change would be consistent with the intent of the recreational immunity statutes. State-Shared Revenues— The City of Spokane Valley encourages the preservation of Local-State shared revenues. These funds include Liquor Excise Taxes,Liquor Board Profits, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Assistance, and Marijuana Revenue Distributions. We appreciate the Legislature's full restoration of liquor revenues in 2015. Talking Points: The City wants to emphasize that all local/State shared revenues are important to Spokane Valley. The City understands the State will continue to face significant budget challenges, but cutting local revenues cannot be the answer. The City relies on Liquor Excise Tax and Liquor Board Profits, Streamlined Sales Tax Mitigation, Municipal Criminal Justice Assistance, and Marijuana Revenue Distributions to finance services. Nearly 63% of the City budget funds public safety and we would be unable to provide the level of service we do right now without these accounts. • Liquor related revenues account for nearly 50% of Spokane Valley's State shared revenues and are an integral part of how we fund public safety so we can continue to protect our community. • Streamlined Sales Tax Mitigation revenues account for approximately 25% of Spokane Valley's State shared revenues and are a critical component in the funding of public safety in our community. Marijuana Lounges—Spokane Valley supports the statewide ban on marijuana clubs/lounges.The City opposes any legislation removing or altering this ban. Talking Points: • In 2014, City Council adopted as part of its legislative agenda several items related to marijuana, including support for strict regulations on public consumption of marijuana and prohibition or regulation of private marijuana consumption lounges, including"vaping" lounges. • In 2015,the Washington Legislature passed Second Engrossed Substitute House Bill 2136(referred to as HB 2136), which was an omnibus marijuana bill related to reconciliation of medical and recreational marijuana, marijuana taxing structures, distribution of marijuana tax revenue to local municipalities, and a variety of other related marijuana items. • As part of HB 2136,the State Legislature adopted Section 1401, which added a new section to chapter 69.50 RCW and made it illegal for anyone to"conduct or maintain a marijuana club" and to "conduct or maintain a public place where marijuana is held or stored or where consumption of marijuana is permitted." Violation of Section 1401 constitutes a class C felony. • Section 1401 directly addresses the issues identified by City Council as part of its 2014 legislative agenda related to private consumption lounges, including"vaping" lounges, as it limits access by minors and prevents selling or providing marijuana to impaired users. • The City supports maintaining Section 1401 as it was originally adopted, as it has not been effective for a year and so its true impact cannot be known at this time. • The City does support legislation that maintains and strengthens local authority over marijuana uses, but believes that Section 1401 should have time to be fully implemented before further amendments are proposed. The City recognizes that modifying the penalty from a felony to a gross misdemeanor would be in line with other marijuana-related criminal penalties. Right-to-Work—Spokane Valley would support legislation that would make Washington a Right-to Work State allowing employees to choose if they wish to be represented by a union. Talking Points: • Currently in the State of Washington most employees in labor union must pay union dues in order to maintain their employment. • This practice subjects employees to becoming part of and paying an association they may not want to be associated with and discourages business to locate in States that allow for this practice. B&O(Business and Occupation) Tax—Spokane Valley would support a reduction or removal of State B&O tax to make Washington more competitive and business friendly. Talking Points: • The City of Spokane Valley currently does not have a City B&O Tax. • The State B&O Tax is a gross receipt tax. It is measured on the value of products, gross proceeds of sales, or gross income of the business. • Washington, unlike many other states, does not have an income tax. Washington's B&O tax is calculated on the gross income from activities. This means there are no deductions from the B&O tax for labor,materials,taxes, or other costs of doing business. • The B&O tax rate varies by classification. Major B&O Tax Rate Classifications include: B&O Classification Rate Retailing .00471 Wholesaling .00484 Manufacturing .00484 Service & Other Activities .015 L&I(Labor and Industries)—Spokane Valley would support reform to L& Ito make it more efficient and more business-friendly. Talking Points: • In Washington State Workers' Compensation,the system designed to help workers that have been injured on the Job, is administered by the Department of Labor and Industries. • This year, L&I announced that they will be raising industrial insurance rates (those rates that pay for the Workers' Compensation system) by an average of 2% when businesses in Wash State pay some of the highest rates in the Country. • Currently Workers' Compensation, managed by L&I, is centered on the employee that has filed a claim with little regard for the employer. Because L&I does not fully investigate claims and does not adequately evaluate information from employers, claims are often allowed when they should be disputed and denied. My name is Krisinda Marshall and I am a resident of the Spokane Valley I am here to ask the mayor and the city council members of the City of Spokane Valley to please listen to my concerns regarding the sidewalk being placed on Blake Rd. I am 37 years old and have lived on Blake Rd all my life except for about 4 years. I am a wife and mother and my family is my everything and it is part of my responsibility to help keep them safe from harm. Throughout the years I have watched Blake Rd change from the sounds of laughter from the children playing to the sounds of cars speeding excessively up and down the street,from the entire neighborhood leaving garage doors and windows open to everything better be locked up.Over the years I have witnessed countless T-bone wrecks, rollover accidents and even a car speeding down the street and running into a house. Numerous accidents have occurred at every intersection on Blake from 4th to 8th St over the years. I have watched the crime rate increase from no crime to items getting stolen out of yards and even a vehicle being stolen. If the City were to put sidewalks on Blake,this would open up so many possibilities for more injuries, accidents and even crime to occur.A sidewalk is a gateway into a neighborhood,or in this case,would be a gateway onto the Appleway Trail. "Mom, it was so scary, he was all shaking and talking funny and running behind us."That is a quote from my 13 year old son,after his first experience on the trail. I speak of the trail that currently runs from University to Pines and will be extended to Blake and beyond "A bum was passed out on the bench,"this is a quote from my husband with his first and last experience on the trail. "I rode by 5 suspicious kids that were looking past the trail into someone's yard and whispering as I rode by" (quote from a neighbor who went for a bike ride).3 different people with 3 different stories. I can't stop the trail from being finished, but I can fight to stop the sidewalk from being built on my street.As I spoke earlier,sidewalks are a gateway. From what has already been witnessed on the trail, my neighbors and I fear that the sidewalk will then become a gateway into our neighborhood, bringing more foot and bicycle traffic. It will bring unwanted people to be browsing our streets and houses and can potentially create more crime.Just a couple blocks on each side of Blake are two main streets (McDonald which is West of Blake and Evergreen is East of Blake), both of these streets currently have sidewalks and can be used as a main access onto the trail. I am not only concerned about additional crime, but concerned for the safety of our children and the additional people being brought into the neighborhood via access by sidewalk due to all the accidents that I have witnessed and with all the speeding traffic. I have for you today signatures of several residents that reside on Blake Rd from 8th to the trail.We are all against having the sidewalk in our neighborhood.We feel that money can be used in other areas to help better our neighborhood,such as increasing police patrol,fix pot holes,and change speed limits to 25 on all cross streets.We do not feel that putting a sidewalk on our street would better the street, it would just make it easier access for more crime/accidents to occur. I really urge you to reconsider your decision and vote NO for a sidewalk on Blake Rd. Thank you for your time today l/ � /D — � 4/ S�" Are you in support of Blake Rd receiving sidewalks from 8th to the Appleway trail? • Road will be 30'wide • Side walks will include a bike lane and will be each 6 feet wide What does this mean? • More feet and bicycle traffic in our neighborhood • You will be responsible for keeping the sidewalk clean (leaves and snow) • You will lose up to 5 feet of your lawn (this may include losing fencing,trees and driveways. Concerns • More people walking around the neighbor(may draw in more crime) • More Kids at play and we already have speeding traffic • Appleway trail that is already in (several bums, loitering,drugs) Name Address Approval of/a sidewalk 1. f61-5(t1 9 M k,( 14a•5hctl S-0-1S. 1GLIC,�_ t\ o �lA rsk% 5/5- &Ake, L 3. C., -vu( 6 J IGS 1 -c - `Q E 4. 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