Loading...
2016, 01-05 Formal MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,January 5, 2016 In the absence of a mayor, City Clerk Bainbridge called the meeting to order at 6:00 p.m. Attendance: Staff Rod Higgins, Mayor Mike Jackson, City Manager Arne Woodard, Deputy Mayor Mark Calhoun, Deputy City Manager Dean Grafos, Councilmember Cary Driskell, City Attorney Chuck Hafner, Councilmember Erik Lamb,Deputy City Attorney Ed Pace, Councilmember Chelsie Taylor, Finance Director Sam Wood, Councilmember John Hohman, Community&Econ. Dev Dir. Bill Gothmann, Councilmember Pro Tem Mike Stone, Parks& Recreation Director Erik Guth, Public Works Director Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Darrell Cole, Living Hope Community Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 456 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present with Councilmember Gothmann participating via telephone conference call. 1. ELECTION OF COUNCIL OFFICERS: Chris Bainbridge After City Clerk Bainbridge explained the process of electing council officers, as noted in the Council's Governance Manual, Ms. Bainbridge opened the floor for nominations. Councilmember Wood nominated Mr. Higgins. Councilmember Gothmann nominated Mr. Hafner. There were no further nominations and the nominations were closed. Each Councilmember completed a ballot, and the ballots were collected by City Clerk Bainbridge.Once they were collected,Ms.Bainbridge asked Councilmember Gothmann for his vote, and he indicated his vote was for Mr. Hafner, and Ms. Bainbridge completed his ballot. The results of the ballots were those voting for Mr. Higgins included Councilmembers Higgins, Wood, Woodard, and Pace.Those voting for Mr. Hafner included Councilmembers Hafner, Grafos, and Gothmann. Mr. Higgins received the majority of votes and was therefore declared the Mayor. Ms.Bainbridge asked Mayor Higgins if he wished to conduct the voting for Deputy Mayor or if he preferred she do so, and he asked that she continue. Ms. Bainbridge called for nominations for Deputy Mayor. Councilmember Pace nominated Councilmember Woodard for Deputy Mayor.There were no further nominations,and the nominations were closed. Since there was only one nomination,votes were conducted by a show of hands,with all votes being cast for Mr. Woodard; hence, Mr. Woodard was declared the Deputy Mayor. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard and seconded to approve the agenda. It was then moved by Councilmember Pace and seconded, to amend the agenda to place a new business item after the Consent Agenda-a resolution declaring that Spokane Valley is not a sanctuary city. There was discussion about the amendment and whether it was out of order, with Councilmember Gothmann stating that the resolution is something our City already does,and Councilmember Hafner stating that Council has not had an opportunity to discuss this,and that the expectation is to approve this resolution immediately. There was further discussion about the resolution itself, with Council discussion ultimately moving back to the amended motion on the floor. Vote on whether to amend the motion:In Favor:Deputy Mayor Woodard, Mayor Higgins, and Councilmembers Pace, and Wood. Opposed: Councilmembers Gothmann, Grafos, and Hafner. Motion passed. Vote on the amended motion to approve the agenda as Minutes Regular Council Meeting:01-05-2016 Page 1 of 6 Approved by Council:01-26-2016 amended: In Favor: Deputy Mayor Woodard, Mayor Higgins, and Councilmembers Pace, Wood and Gothmann. Opposed. Councilmembers Grafos and Hafner. Motion passed. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: Mayor Higgins gave special recognition and thanks to Troop 456 for leading tonight's Pledge of Allegiance. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner reported that he attended former Councilmember Wick's going away reception, which he said was very well attended,and he thanked Mr.Wick again for his service.Councilmember Pace mentioned the STA (Spokane Transit Authority) meeting and their discussion of a proposed sales tax increase, which he said he opposed. Councilmember Grafos said he also attended the reception for Mr. Wick and too expressed his thanks for Mr. Wick's service. Councilmember Gothmann said he attended Mr. Wick's reception, and mentioned that Councilmember Hafner had been chosen Citizen of the Year by the Chamber of Commerce. Deputy Mayor Woodard said he also attended Mr. Wick's reception and that it was well attended. MAYOR'S REPORT: Mayor Higgins also extended his thanks to Mr. Wick; and mentioned attending a regional Eagle Scout gathering where 250 from the region were tapped to be eagle scouts. PUBLIC COMMENTS: Mayor Higgins invited public comments. Mr. Rob Lee: said he owns a home here in Spokane Valley; spoke about his concerns with policing; he read most of his written statement and stated that"something doesn't seem right with the police department here in the valley;"and asked why for example, the police chief never speaks to the media but only does so through Sheriff Knezovich; said the shade of patrol cars should match the uniforms to make it easier to identify valley officers; and said he would like a comprehensive cost-benefit analysis of the various public safety contracts so people will know whether public funds are returning actual services,and said he wanted to know more about the cost of doing business with another local government entity now, in the past, and where those costs might land in the future,which he said would mean an in-depth review and cost analysis of the police, prosecutor,and many contracts with Spokane County. Mr.Tony Lazanis: said some decisions don't come from Council but come from staff or the Chief and he hopes future decisions come forward; said he got a bill from the police chief for $25.00 and that he was penalized $10.00 for a false alarm, but he only had one in 20 years; said all taxpayers pay for the police and said the City should look outside the police department for serving alarms. 2. PUBLIC HEARING: Mining Moratorium Renewal—Erik Lamb Mayor Higgins opened the public hearing at 6:29 p.m. Deputy City Attorney Lamb went over the background of the mining moratorium as noted on his January 5, 2016 Request for Council Action form; reiterated that this would not impact existing lawful operations that were in operation the day of the moratorium; said staff is aware of several Central Pre-mix owned and operated sites, and one Spokane County site; said there have been no permit applications received to-date regarding mining; said staff continues working through the Comprehensive Plan process,and as part of that process,staff was accepting Citizen Amendment Requests (CARs); one of which was approved by Council for further consideration, which was submitted by CPM Development to include a new chapter creating Mineral Resource Lands goals, policies, and designation criteria and a corresponding map amendment to designate four sites as a Mineral Resource Land Overlay on the City's official comprehensive plan map. Mr. Lamb said that since the City does not anticipate completing the Comprehensive Plan Update by February 23, 2016, when the moratorium expires, staff recommends a six-month renewal. Mr. Lamb mentioned that one of the reasons for the delay with the comp plan, is we have not been provided the population allocation by the County, which number is critical to the City's development of the Plan Update as it provides the basis for planning future growth and assessing appropriate land use quantities to meet future growth needs. There was brief Council discussion about the possibility of modifying the moratorium if necessary, and Mr. Lamb said the ordinance and findings should be before Council within two to three weeks and Council could move it forward to modify the moratorium if desired. Mayor Higgins invited public comment. Minutes Regular Council Meeting:01-05-2016 Page 2 of 6 Approved by Council:01-26-2016 Mr.John Pederson, said he is speaking on behalf of the Board of County Commissioners, and he presented documents to the City Clerk for Council,which reiterates the County's previous testimony; said he supports the Council's actions and desire to modify the moratorium as originally adopted,said it did impact the Eden County Pit Site,and asked that the moratorium be revised to specifically reflect the intent,that if the intent was not to impact any of the existing mining operations that were in existence or had vested rights, they ask that the moratorium be amended to specifically identify which parcels, by parcel number or exhibit or by map,that are exempt from the moratorium, and said he would provide those two parcel numbers tonight that reference the Flora and the Eden Pit Sites; said they have vested rights to operate those sites and it would be advantageous to modify the moratorium to reflect those parcels that are categorically exempt from the moratorium; said they support the designation and the ongoing work of staff and Mr. Hohman,and our coordination with him in assisting in identifying appropriate resource lands, and said they believe the County pit site should be designated accordingly,and asked that they be exempted in a revised moratorium. He handed documents to the City Clerk,which had been submitted previously. Councilmember Gothmann mentioned that the Flora site was ongoing and therefore not subject to the moratorium, and Mr. Pederson responded that the County feels it should be enumerated in the moratorium as exempt just for clarity purposes so there is no question about the site; and further in response to Councilmember Gothmann's questions, Mr. Lamb replied that the Flora pit is an active site that was in lawful and continuous operation as of the date of the moratorium and therefore would not be subject to the moratorium. Stacy Bjordahl: said she was speaking on behalf of Central Pre-Mix Development Corp, and she read portions of a January 5, 2016 letter to Spokane Valley Council, signed by John Shogren, Vice President/General Manager of Central Pre-Mix Development Corporation: "Dear Mayor and Council Members: First of all, I would like to apologize for not being present at this evening's hearing to provide oral testimony. We did not receive notice of the hearing and only heard of it through representatives of Spokane County; otherwise, I would have rearranged my travel and work schedule to ensure that I could be present for this important meeting. We are surprised that an extension of the moratorium is under consideration as we were told in previous meetings and in discussions with members of this Council and building trade groups that no such extension would be needed or granted, beyond the year of study since the initial passage of the moratorium that will have occurred by mid-February. It does not seem that the justification for an extension of the moratorium is material to the study, designation and protection of mineral resource lands. Any small percentage change in population projection will not materially change the fact that there are more than 839 acres of Tier One industrial lands within the City of Spokane Valley and that only 158 acres are needed to meet the 2031 planning horizon; this is over 4 times the need of industrial land.' Even if a small percentage of industrial land was needed to accommodate future residential growth, there is still excess capacity of industrial land supply not only in the City of Spokane Valley but Spokane County as a region. We are concerned that Staff continues to make statements that secondary use of mined land is limited, especially given the many examples we have testified to previously, including: high end residential developments, commercial, light and heavy industrial and probable conservation sites. Not only does this fly in the face of the facts of beneficial secondary usage but further discounts the fact that all development for city growth is dependent on an economically viable source of aggregates. While we appreciate that the Staff Report to Council states existing, entitled and vested sites are exempt from the moratorium,we request that if the moratorium is extended, it be modified to include an exhibit specifically listing and formally excluding the existing,entitled or vested sites from this process.We have included that list attached as Exhibit A to this letter which includes our approved aggregate reserves at Tschirley. . . . . In closing,we do not support an extension of a moratorium that has already been in place for almost a year for all of the reasons outlined above as well as those previously testified to orally and in writing at the previously hearings. If the moratorium is extended, we request it be modified as described in Exhibit A. Thank you for your time and consideration of this issue." ['City of Spokane Valley Land Quantity Analysis for Urban Growth Update-September 2010,previously submitted on March 24,2015.] (Copies of the letter and attachments were handed to the City Clerk for distribution to Council.) Minutes Regular Council Meeting:01-05-2016 Page 3 of 6 Approved by Council:01-26-2016 There were no further comments.Councilmember Grafos stated that as we move forward we should exclude the Eden Pit from the moratorium, as he prefers not to take a chance that we are harming an existing business, and would therefore like to modify the moratorium so Eden and Central Pre-Mix are excluded. Councilmember Hafner and Gothmann agreed. Councilmember Pace said we should keep the moratorium until the comp plan is done,that nothing has changed and there were good reasons for doing the moratorium in the first place. Deputy Mayor Woodard said he wants to study the letter from Ms. Bjordahl and he wants to keep an open mind as to what it is we are trying to do and why; said the biggest concern is we are not finished with the comp plan, which was being delayed due to the needed population allocation. Councilmember Grafos added that if we are going to be business friendly, he sees no reason why they should not be excluded. Mayor Higgins closed the public hearing at 7:00 p.m. 3. 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 listed on Jan 5,2016 Request for Council Action Form Totaling: $1,993,878.75 b. Approval of Payroll for period ending December 15, 2015: $334,943.83 c. Approval of December 1, 2015 Study Session Council Meeting Minutes d. Approval of December 8, 2015 Special Council Meeting Minutes e. Approval of December 8, 2015 Regular Council Meeting Minutes It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the Consent Agenda. Mayor Higgins called for a ten-minute recess at 7:01 p.m.; he reconvened the meeting at 7:13 p.m. ADDED ITEM: Action Item: Resolution Declaring that Spokane Valley is not a sanctuary city. It was moved by Councilmember Pace and seconded by Councilmember Wood to adopt a resolution declaring that the City of Spokane Valley is not a sanctuary city. Councilmember Pace said people confuse the City of Spokane and our city all the time; that the City of Spokane said they are a sanctuary city; said this issue has been brought up three times over the past year and never made it to the agenda; said he is not anti-immigrant or anti-immigration,but this is about honoring and enforcing the existing immigration laws, and said some cities don't do that. Councilmember Pace read the resolution into the record: "A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON, DECLARING THAT THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY. WHEREAS, the City of Spokane Valley puts public safety as the number one priority for our City; and WHEREAS, supporting our law enforcement community in their efforts to maintain law and order toward the end of a high level of public safety is a priority of the executive and legislative branches of our City Government; and WHEREAS,cooperating with County, State and Federal law enforcement agencies is an important part of maintaining law and order and public safety; and WHEREAS, it is the policy of the City Council that the City of Spokane Valley is not a sanctuary city which means the City Police department will ask for proof of legal residence in the United States when appropriate and City employees are not discouraged from asking for proof of legal residence as appropriate when conducting City business.NOW THEREFORE,BE IT RESOLVED by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: 1 —The City of Spokane Valley is not a sanctuary city. 2 —The City of Spokane Valley Police Department is directed to assist other law enforcement agencies in enforcing U.S. immigration laws. 3 — Police officers and Sheriff's deputies, when operating within City limits, and City employees are hereby directed to require proof of legal residence in the U.S.when it is appropriate as part of doing their assigned jobs." Councilmember Pace said in determining what"when appropriate"means, it is appropriate as part of doing their assigned jobs, and that is up to the City Manager, City Attorney and Police Chief to determine what exactly that means. Councilmember Gothmann said he took an oath of office prior to taking his position as a Councilmember, and said this is not needed; said law enforcement also took an oath, and if someone is an illegal immigrant, law enforcement would call the border patrol, so they are already doing this; said Minutes Regular Council Meeting:01-05-2016 Page 4 of 6 Approved by Council:01-26-2016 he doesn't see a problem we are trying to solve; said we already have clear rules; and as a point of order, said this resolution is out of order. Mayor Higgins ruled that this is not out of order and Councilmember Gothmann challenged his decision. A vote on the challenge resulted in Councilmembers Grafos, Hafner and Gothmann in favor of the challenge, and Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Wood and Pace opposed to the challenge. The challenge was defeated. Councilmember Grafos said that this City is different because we don't have politics in the legislative branch and this brings in politics instead of having a common sense government; said we are profiling people and not everyone in the city agrees with these politics. Deputy Mayor Woodard said resolutions are done to make emphasis and re-clarify what should already be done as common practice and if people don't have documentation, they shouldn't be here, and countered that this is not profiling. Mayor Higgins said this is a simple statement that we are committed to obeying and enforcing our laws as they already exist. Councilmember Hafner said this is not a police state and staff should not have to make a determination about whether to ask about immigration status; said it is the wrong message to the community, is extremist and profiling is against the law and he swore to uphold the laws of the state, nation and city; said this is a disgrace to do this and it doesn't gain anything. Deputy Mayor Woodard said people are screaming that this city take this position, a declaration that we will uphold the law. Councilmember Pace said his wife was a political refugee from Vietnam, and she was a legal immigrant; that this is about illegal immigration, and said his wife doesn't like illegal immigrants and is frustrated with the government for not enforcing immigration laws, and that this will give businesses some sense of security that we are law abiding. Vote by Acclamation in favor of the Resolution: Mayor Higgins, Deputy Mayor Woodard, and Councilmembers Wood and Pace. Opposed to the Resolution: Councilmembers Hafner, Grafos, and Gothmann. Motion carried. ADMINISTRATIVE REPORTS: 4. Tesoro Crude Oil Terminal Draft Environmental Impact Statement—Mike Jackson Via his PowerPoint presentation, Mr. Jackson explained that Tesoro Savage Petroleum Terminal, also known as Vancouver Energy,has applied for a Site Certification Agreement to construct and operate a new crude oil terminal capable of receiving an average of 360,000 barrels of crude oil daily; that the crude oil would be unloaded at the proposed facility from trains, stored on site, and loaded into marine vessels at a marine terminal located at the Port of Vancouver in Clark County, Washington;that according to the Draft Environmental Impact Statement (DEIS), an average of four unit trains would arrive and leave for the proposed facility daily for an annual total of 2,290 one-way train trips; and said the trains would pass through Spokane Valley. Mr. Jackson mentioned some of the environmental concerns, such as air quality, transportation, noise,and water resources; said that currently up to fifty trains daily cross Barker Road,and if all potential crude-by-rail facilities are built,the numbers would exceed 57 weekly loaded unit trains by 2020, and 113 weekly loaded trains by 2035. Mr. Jackson noted that the air quality would be impacted, as vehicle idling hours would increase while vehicles waited at the at-grade crossings; he spoke of the increased impact to transportation which could also increase the rate of accidents and fatalities to pedestrians or motorists. Mr. Jackson noted the cost for grade separations, the noise and safety impact, emergency response issues, and the effect and impact of economic development. Councilmember Pace asked if there is any way to regulate rail traffic through our city, by perhaps a utility tax on oil trains; and Mr. Jackson said he is not aware of any as the trains are primarily controlled by the federal government. Councilmember Pace asked if we know about any other, equally dangerous commodities coming across our aquifer and Mr.Jackson said more research would be needed but he did recall hearing something about legislation requiring disclosure of the rail car contents. Councilmember Grafos said this should be a majority priority of our city;said we will never be on a federal list to solve these problems, and at some point, we need to"put our money where our mouth is" and look for a way to fund these crossings one at a time; said this would be a major economic impact if there were problems with the oil trains; said our city is cut in half by those train tracks and that we should look at this issue as an economic driver and examine some options. Councilmember Pace said the first priority is public safety so we need to identify the risk and have good plans for dealing with any of the risk;said infrastructure Minutes Regular Council Meeting:01-05-2016 Page 5 of 6 Approved by Council:01-26-2016 is our second priority and we need to pick which crossing, and figure out how to make it happen, and he mentioned the idea of a ballot measure. 5.Advance Agenda-Mayor Councilmember Pace said based on citizen input,he wants to schedule council discussions in study sessions to explore developing a citizen oversight committee for all public safety functions of our city,and all of our public safety contracts including police,jail, public defender,the courts, etc., and have the Mayor appoint a one-year ad-hoc committee with about three to five citizens appointed who have no connection with law enforcement; plus have the City Attorney and a volunteer attorney from the Center for Justice; said they would study all the available information on public safety,including police reports and issues from citizens, employees, police, and councilmembers, and report monthly to the Council in writing and in person, and the Council would decide which items to give to the City Manager as administrative, and which would be legislative policy.Further,Councilmember Pace said the committee members should be given investigative authority over those contracts as there are still incidents where citizens question police behavior, and that this gives the public an opportunity to scrutinize how our government is being run. Councilmember Grafos said as a follow up to these public meetings concerning the trains,he would like to get a list of the people attending those meetings and have public meetings as we did on our parks. Councilmember Hafner said he would like to reevaluate the voting process for bonds as there will be times when Council needs to take a stand, whether it be a County levy lift or other bond issue. Deputy Mayor Woodard said he would like the historic preservation plan motion brought back for reconsideration rather than distract the efforts of the Planning Commission from the comp plan, and said he wants more time to consider the issue. CITY MANAGER COMMENTS: Mr.Jackson asked if the Mayor and Deputy Mayor would be available Monday at 3:00 p.m. to discuss the advance agenda, and there were no objections. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at approximately 8:38 p.m. r 1 / 1 . 1 ATT L.R. Higgi ; kA . 'or (Lt -/\A j / i- Christine Bainbrg e, CityCler Minutes Regular Council Meeting:01-05-2016 Page 6 of 6 Approved by Council:01-26-2016 Writ...4, -61 , ,- - - ,b5 -,,,v,,,,,-- A;te-,ti , e Name of Yo r ote for Mayor Write flame of Your Vote for Mayor !! 7 --4-4,./2 ' (:)----:--;;(----i--9 t------d- , d 1 Name.of Councilmember Casting Vote Name of Councilmember Casting Vote ' -'.?'- C7 6 /l'i--S C...„) ,/ A/ ..rtirv_k Write Name of Your Vote for Mayor Write Name of Your Vote for M4or a . \1--/- } -- A „..----- Name of Councilmember Casting Vote Name of Councilmember Castin•Xfote fL R ej Jcotac Write Name of Your V for Mayor Write Name of^four Vote for Mayor of _ Name of Councilmember Casting Vote Name of Councilmember Casting Vote RC)(). )-4--l n S Write Name of Your Vote for Mayor ,) ?kin (ko o (-) Name of Councilmember Casting Vote GENERAL PUBLIC COMMENT SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, January 5, 2016 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 ftô /e a//c/ s, 04 I/4//e/ /r /A_ Please Please note that once information is entered on this form, it becomes a public record subject to public disclosure. A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON, DECLARING THAT THE CITY OF SPOKANE VALLEY IS NOT A SANCTUARY CITY. WHEREAS,the City of Spokane Valley puts public safety as the number one priority for our City; and WHEREAS, supporting our law enforcement community in their efforts to maintain law and order toward the end of a high level of public safety is a priority of the executive and legislative branches of our City Government; and WHEREAS, cooperating with County, State and Federal law enforcement agencies is an important part of maintaining law and order and public safety; and WHEREAS, it is the policy of the City Council that the City of Spokane Valley is not a sanctuary city which means the City Police department will ask for proof of legal residence in the United States when appropriate and City employees are not discouraged from asking for proof of legal residence as appropriate when conducting City business. NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: 1-The City of Spokane Valley is not a sanctuary city. 2 -The City of Spokane Valley Police Department is directed to assist other law enforcement agencies in enforcing U.S. immigration laws. 3 - Police officers and Sheriffs deputies, when operating within City limits, and City employees are hereby directed to require proof of legal residence in the U.S. when it is appropriate as part of doing their assigned jobs. Mayor, Spokane Valley Item 4 1./5/2016 Siltikan' ' Valley. Draft Environmental Imact t Statement �ncou'..i !Engrg 1�1�1_i! iUC on Iermina! Fn li1Ci rtt =. ._ C): Siioka �y. Tesoro Savage Petroleum Terminal has applied for a Site Certification Agreement to construct and operate a new crude oil terminal capable of receiving an average of 360,000 barrels of crude oil per day. This will increase the amount of crude oil transported through Spokane Valley. Average of 4-5 unit trains/day westbound loaded/eastbound empty totaling 8—10 trips per day through Spokane Valley Total of 2,920+ one-way train trips per year passing through Spokane Valley 120 sole purpose crude oil tank cars/train, 7,800 feet long Study assumes Bakken Crude transported via Burlington Northern Santa Fe Railroad /11'3,t., { 2 } 1 item 4 1/5)2016 Environmenta' S�'ii ane Resources/ ..sal--y. issues Analyzed in DraftCI- .�.i ST- T ; Earth Resources Historic and Cultural Resources Air Quality Transportation Water Resources Public Services and Utilities Terrestrial Vegetation Noise Terrestrial Wildlife Land and Shoreline Use Aquatic Species Visual Resources Energy and Natural Resources Recreation Environmental Health nSpoka ' a ,n ., .000 Valley Cod tions :g BNSF Train Traffic t A Currently, up to 50 trains per day cross the i'` 7 Barker Road/SR290 intersection. .4 .� .�- 19 of which are already unit oil trains z..." - -', ,P.1} ,i1;1!1711-; • ' , -.n4 � If all potential crude-by-rail facilities are built . out, oil train numbers are estimated to exceed: � N �--- 57 weekly loaded CBR unit trains by 2020 113 weekly loaded CBR unit trains by 2035 Estimates predicted to be "much higher" with • :r. crude export. -0175.' 't• i , There are multiple potential projects in ..'� addition to Vancouver Oil Terminal that would `' , add additional train traffic to Spokane Valley. 2 Item 4 1/5/2016 Existing Conditions (cont.]: � atlex Existing BNSF Crossings in City of Spokane Valley Park Road Crossing— At Grade Vista Crossing—At Grade �( Argonne/Trent - Underpass <� University Crossing— At Grade, °Sd Existing Quiet Zone Pines Road —At Grade - 't' 1 111 Evergreen —At Grade Sullivan/Trent - Overpass 9,1s y: Flora Road — At Grade .2 _ ( 5 Barker Road — At Grade Prinlary RR Grade L ossrn�; stiokane r 'h'• '-7/f! �/ �i14�"�! ��B B"8 t t 1111 .11r S ,s. x._ rj t� ;n�; - ▪�- --1 _--_ten rt e � U �161 ' � A. }a 1 !`�:,'-.1 Iii I t .4- ,jam il&r , r .;_-----M tt■ ---' I r- t�'!! �u Ir;_. ! ..=Mme!'. — "77-.V.'''. 11r5�nHH Vii r-� R mgt; Fl. , • •=.E A. -. mIlfi ! utra t. wei s& ; f,. —mai', L^,... maw. - , ,wil +r Y • BNSF Line i � .• .;. ;,_— •'F�j��io.� .!W-_IN 1��1' _ - \ji` gam— .tttr � 'Plum } w14133IIII I 3 Item 4 VS/2016 I // Spbkap��p� l.L t� .l " u arty +,�.�Ya11ey' w � 7 Vehicle idling while delayed at at-grade crossings could increase emissions to a level that would represent an additional impact to local air quality *Congestion from this project alone would create the following estimated emissions output at the 7 at grade crossings. 78.54 metric tons of nitrogen oxide (Nox) s;,;• a 2.94 metric tons of volatile organic compound (VOC) /- 2.24 metric tons of particular matter (PM) 9,377.20 metric tons of carbon dioxide (CO2) * Estimate based on 2015 Tiger Grant for Barker Overpass. Spokane impact: Transportation At Grade Daily Train Traffic Increase: 7 at Grade Crossings X 8 trains daily= 56 unit train crossings daily Annual Train Traffic Increase: 56 unit train crossings/day x 365=20,440 unit train at grade crossings annually *Grade Separated Daily Train Traffic Increase: 2 Grade Separated Crossings X 8 trains daily = 16 unit train crossings daily Annual Train Traffic Increase: 16 unit train crossings/day x 365=5,840 unit train __ �--- grade separated crossings annually c. Total Train Traffic Increase = 26,280 crossings annually - -- - *DEIS describes heightened risk for elevated train crossings 4 Item 4 1/5/2016 �M.pac �. a Tra. s oortation ......0s alley, - tali Rail Transportation (3.14.3.2; pg. 3.14-26) , ` Figure 3.14-7 shows locations of at grade crossings havingAnnual Average "Ly= , ? Daily Traffic (AADT)* of 2,500 or more I4.i Barker-5,100 vehicles kr t ::;1:\:::"3:- Pines �yl; Pines- 16,000 vehicles(DEIS says 11,000) 'r '` , University-2,662 rf ! • n Park Road-6,682 At Grade Crossing Delays (pg. 3.14-24) i Train 7,800' long @20 MPH =5 minutes/train X 8 trains=41 minutes/day 41 minutes/day/crossing X 7 at grade crossings= 287 minutes/day 287 minutes/day X 365 days/year= 1,746 hours of gate down time/year DEIS identifies moderate to major impacts to motorists from delays. *Barker Rd. is included here but for some reason was omitted from Figure 3.14-7 of the EDIS. 11 a Cumulative li .acts : Rail 7 ra s o rtati o n (6.2.2/ES-9) The total number of trains that would be added to the system if all the identified existing and future projects were permitted and operated is 155 unit trains or 310 round trips/week Unknown if these would all come through Spokane Valley The additional rail traffic "could increase the rate of accidents and fatalities to pedestrian trespass or motorists at at-grade crossings . PE t s ;,,,ri `I .un''. ,t;' 5 item 4 1/5/2016 Spokane .' " L. C -;� 1ace Cosi_ for bi ...0.0ualley •,,.rag;_`:,,:144 rry .. .. ... .. .,.. .. t.A71 #Sar( f. Bond Issue $29,784,000 $17,527,752 $19,372,778 $16,473,451 $83,157,981 Amt. =a'*`,❖-:a' .. Annual Bond $1,828,486 $1,076,056 $1,189,325 $1,011,331 $5,105,198 ;a°4`�a:. . Pmt.Amt.* ,, p4:-!.. 4• i k *Estimated interest rate of 4.5% CIA t, Bond issue costs of 2.0% '°4-=` Bond repayment of 30 years Siaane ....sUalley. Impact: Noise Subtracting 2 existing quiet zones = Additional 14,600 train horns/year 1Two Long—One Short—One Long—Repeated as necessary until locomotive clears the crossing. (14,600 X 4 = 58,400) Locomotive Horns must be sounded 15-20 seconds before entering all public grade crossings, but not more than 1/4 mile in advance Engineer may do more based upon their judgment Train Whistle must be between 96-110 Decibels .'Yi.i%rti 6 item 4 1/5/2016 Spokane Impact: S Potential for increased risk for oil train fire/explosion Reduction of emergency access to residents & businesses with amount of train traffic at crossings City in Quebec was low population density yet suffered the highest number of deaths resulting from an oil train fire. Potential fires are devastating no matter where they occur. It is a false premise to categorize by population density. The volatility of Bakken Crude is similar to diesel or gasoline. "It has been described as looking like" "two-stroke oil mixed with gasoline." (pg. 407, Washington Marine and Rail Oil Transportation Study) Freight trains are assumed to be 7,800 feet long and traveling at 20 mph through at-grade crossings (3.14-14) 1111 Spokane Emergency esn ons e: Greater Spokane Emergency Management Local planning efforts • Alert and Warning *„ ; Evacuations r^- Sheltering of victims •? Mass Care 15°6:n-EAKINGNEWSa "�' ' Police - EXPLOSION&OIL SPILL AFTER TRAIN DERAILS Fire $Si0 J.0MA y ___ urn imuaetatuYf ro_._ Fire Department/Medical Facility Response Preparedness (4.6.4.3) June 2014 survey by Washington State Military Department"even the most metropolitan, best-equipped departments consider themselves ill prepared to respond to a crude-by-rail(incident)with related explosion and/or fire incident." Public Works C 14 7 item 4 1/5/2016 Sp'� ne Impact: Economic Development--- va"er Potential negative impact to development of vacant parcels due to increased proposed train traffic. Property values could be impacted near train crossings. Increased wait for commerce traffic at crossings. Oil train demand may impact transport of other goods that have direct economic impact on COSV. ....BNSF mainline capacity and operating protocols are continually being challenged." (Pg. 175 Washington Marine and Rail Oil Transportation Study. Lower quality of life resulting from noise and potential safety concerns. Spokane Spokane Valley Priority: jUalley. Grade Separations: Council Adopted Goals: Continue to work with state and federal legislators for possible financial assistance for the Barker Road Bridge Grade Separation. Develop a strategic plan for funding and completion of all grade separation projects COSV State & Federal Legislative Agenda: Transportation Funding Request—Bridging the Valley&Barker Road/BNSF Grade Separation (overpass/underpass). Pines Underpass Barker Grade Separation was part of our last 2 Tiger Grant Applications. NLC Federal Legislative Agenda: Invest in Local Transportation Priorities AWC State Legislative Agenda: Transportation:Adopt a multi-modal transportation package that addresses city needs 8 Item 4 1/5/2016 Siione Vali,�y Li 0 mr.nents Draft EIS Statement presents issues and problems without tangible solutions Governor's report doesn't list Spokane Valley as a priority. What confidence does the COSV have to see enhancements? COSV has been unsuccessful at funding requests from the state and federal government. No known direct benefits to City of Spokane Valley if this project is approved Scope of DEIS seems overly broad i.e. from Washington/ Idaho border to Vancouver, WA, down the Columbia River and along the Pacific Coast Some elements do not seem to be adequately addressed i.e. very limited discussion on alternatives. Barely addresses shipping by truck. .0.0 Valley Spokane Comments r1 nrt In Quebec accident, transporter went bankrupt. DEIS leaves out Spokane Valley in list of "Municipalities" DEIS references and relies on Washington State 2014 Marine and Rail Oil Transportation Study. COSV had numerous comments on the State study The State study was inconclusive The State study prioritized by population and the City of Spokane Valley was not listed as a priority or even "potentially at risk" The State study does not identify the number of crossings in Spokane Valley [ 18 9 Item 4 1/5/2015 lomments Cont: Excerpt from Washington State Marine and Rail Oil Transportation Study (pg. 341-343) "Because there is no mandate for railroads to develop comprehensive plans or ensure the availability of necessary response resources, carriers have effectively placed the burden of remediating environmental consequences of an accident of local communities along their routes. This is particularly true when a tank railcar incident occurs with a subsequent fire/explosion event coupled with potential evacuation due to the danger that may be present from fire and toxic fume emissions." "Bakken crude is highly flammable and easily ignited at normal temperatures by heat, static discharges, sparks or flames." Spokane� Walley. LI_ 11 s City of Spokane Valley Public Hearing Tuesday,January 12, 2016 Public Comments at CenterPlace Thursday, January 14, 2016 Written Comments due Friday, January 22, 2016 10 Item 4 1/5/2016 �sValley • � .j I I ` 1 d 21 ) 11 Good evening, I'm Rob Lee, a potential valley property owner and a successful businessman here in Spokane County. Before I get to my primary points here, I would like to congratulate Sam Wood and Arne Woodard for their recent elections to this council. I believe you will have the best interests of the valley citizens in mind each and every time you make decisions on their behalf. Now, I will get started with my expressing my opinions along and making some requests. Over the last couple of years I have become increasingly interested in all areas of the local criminal justice system and the various government entities that finance these agencies. I know the valley is primarily a contract city-doing a lot of business with Spokane County—and a lot of business equates to a lot of tax payer money being transferred to the county for their services. It's very well known that policing and the other factors involved with attending to criminal behavior is expensive. Knowing that I suspect the costs to deal with this problem will only rise into the future and that's fine as long as we, the tax payers, are getting an adequate return on our money. I have to be candid with you guys: Something doesn't seem right within the police department here in the valley. I only see what's on the surface and that indicates there's a problem. Here's an example: Can someone tell me why the current police chief for the valley never speaks to the media about his agency? Why does Sheriff Knezovich speak on his behalf? The city pays a salary for the chief but he's a ghost; that doesn't seem right. He should be the face of the agency but he's not. Here is another simple observation or two: at this time your officers either wear black or green"jump suits"; or a two-piece uniform with green pants and a brown shirt. There are even other uniform variations when you look at the traffic officers. Why aren't these officers wearing a single uniform so they all look like they belong to the valley police department? It's really strange but the problem goes further to cover the police cars assigned to patrolmen. In the past, most, if not all the patrol cars were one shade of blue. Recently the valley patrol cars are not only the original shade of blue but two darker shades as well. It's unusual but together with the mosaic of uniform colors it's really crazy looking and this inconsistency is confusing to me and I'm sure to many other people who actually live in the valley. Why the difference? It's realistic to suspect that all this variety is creating a very real problem with identifying valley officers as a resource paid for by the valley citizens. Isn't it reasonable to expect the officers working for the valley are all wearing a uniform that is distinctly blue and not green or brown? Blue is a traditional color for city officers while green is not. Similarly, the 1 - � � )%% patrolman's cars should be one identical color and the color should not contrast with their uniforms which is the case now with blue cars and green uniforms. Most of all, the patrol cars must have prominent"police"markings about the vehicle's exterior. After all people should know they are interacting with a police officer and which agency they are dealing with without any misunderstanding. Before I run out of time, one final request for the council is a comprehensive cost-benefit analysis of the various public safety contracts they are party to so we can identify whether or not our funds are returning actual services. To generalize, I want to know more about the costs of doing business with another local government entity now, in the past, and where those costs might land in the future. That would entail an in-depth review and cost analysis of the police, prosecutor and jail contracts currently in-force with Spokane County. Conducting this type of exercise is not only prudent but I truly think it would be a worthwhile venture to increase our knowledge about our contractual expenditures. If I had more time I would go on but I think you, the council, gets the idea...somethings need to change with respect to the appearance of law enforcement in the valley and possibly, even contractual services. 2