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2017, 02-21 Study SessionAttendance: Councilmembers MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington February 21, 2017 Staff Rod Higgins, Mayor Arne Woodard, Deputy Mayor Caleb Collier, Councilmember Pam Haley, Councilmember Mike Munch, Councilmember Ed Pace, Councilmember Sam Wood, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Chelsie Taylor, Finance Director Mark Werner, Police Chief Mike Stone, Parks & Recreation Director Carolbelle Branch, Public Information Officer Christine Bainbridge, City Clerk Mayor Higgins callgd the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. ACTION ITEMS: 1. Street Vacation — Karen Kendall a. Proposed Resolution 17-004 Initiating Street Vacation It was moved by Deputy Mayor Woodard and seconded to approve resolution 17-004 initiating street vacation of McMillian Street and right-of-way, STV -2017-0002. Standing in for Ms. Kendall, Deputy City Manager Hohman explained that this resolution initiates the process of this City -initiated street vacation; said that the intent is to allow underused industrial land to be considered for future development; and that the rights-of-way as they currently exist, are not needed and limit the usability of the adjacent parcels, adding that adequate vehicular access will be provided at the time of development. After showing the area in question on the map, Mayor Higgins invited public comment. No comments were offered. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried. b. Proposed Resolution 17-005 Setting Public Hearing for a Street Vacation Before the Planning Commission It was moved by Deputy Mayor Woodard and seconded to approve resolution 17-005 setting March 23, 2017 as the date for a public hearing before the Planning Commission on street vacation STV -2017-0002. Standing in for Ms. Kendall, Deputy City Manager Hohman explained that this is related to the previous item, and simply sets the public hearing date for the Planning Commission to hear this issue. Mayor Higgins invited public comment. No comments were offered. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried. 2. Motion Consideration: Contract Approval Food Event: Crave! NW - John Hohman It was moved by Deputy Mayor Woodard and seconded to authorize the City Manager to finalize and execute the contract to sponsor the Crave! NW event, and authorize staff to use the City logo and/or an economic development logo in conjunction with the marketing services under the contract. Mr. Hohman explained that one of the projects being studied in connection with the City's tourism study, is the development of new events and festivals to complement Valleyfest and their Cycle Celebration, and this project fits well within that idea. Mr. Hohman explained the proposed event and contract, which includes Council Study Session: 02-21--2017 Page 1 of 5 Approved by Council: 03-14-2017 several protections for the City, and that the event will include our City name and logo displayed in all the marketing materials, and agreed with Deputy Mayor Woodard, that if this is a successful event, that Lodging Tax dollars will likely be sought the following year. Mayor Higgins invited public comment. No comments were offered. Vote by acclamation: In favor: unanimous. Opposed: none. Motion carried. NON -ACTION ITEMS: 3. Bidding History — John Hohman Mr. Hohman explained that the question arose over how many bidders the City receives for the various construction and service contracts that we execute; he explained that staff has compiled three years of bidding history (2014-2016) for the Public Works Department projects, while the Parks and Recreation information dates back to 2004; he went over items included in the spreadsheet showing that we received several bids on most projects, but that later in the construction season, the number of bidders decreased. Deputy Mayor Woodard asked if there is a way to determine the variance between the number of people who picked up plans, and the number who actually bid; and Mr. Hohman said staff can research that further, but on some of these projects, not only do general contractors pick up bid packets, but so do subcontractors, and depending on how the negotiations go, people who might be on an information gathering process at first, would likely later determine whether or not to submit a bid. Deputy Mayor Woodard said he would like those figures scrutinized by perhaps making a few phone calls to see if there is a common denominator; said Mr. Hohman did not need to go back, but just to follow up on the interests. Mr. Calhoun noted when we put a project out to bid, we cast a broad net as we want as many bidders as we can get; we consistently advertise in the Spokesman Review and the Valley News Herald, and his year started advertising in the Exchange, and sometimes the Journal of Business. Councilmember Munch asked that instead of locally advertising, if staff thought about being a member and advertising in the Spokane Regional Plans Center, or other Regional Plans Center, as they have about 500 members. Mr. Hohman said he believes we already do that but he will verify. Councilmember Pace said he was one of the Councilmembers who had asked for this information and he is glad to see there were only a few bids which ended up with only one bidder; said he likes the idea of studying this over the next season and reporting back, with perhaps a goal of developing relationships with potential qualified vendors so we have at least two bidders every time. 4. Grade Separation Projects Update — John Hohman, Gloria Mantz Mr. Hohman said they have some new information and perhaps tonight they can get Council consensus on what direction to take on these two specific projects. Ms. Mantz explained that concerning the $600,000 for the Barker Road and the $1.2 million for Pines, that they learned from WSDOT (Washington State Department of Transportation) that contrary to what Council heard previously, any funds the City uses for these projects will not count as matching funds. Mr. Hohman stated that this is a critical item for Council, and that information has been confirmed with the United States Department of Transportation. Mr. Hohman noted that information came to our attention within the last few weeks, which is why staff felt it important to bring to Council; said the $1.2 million for Pines is City money, but we feel there is an alternative on how to move forward with Barker and how we can probably use the $720,000 and not use the REET (real estate excise tax) money; which he said they will discuss later; but said it is clear we cannot use that money as matching funds. Mr. Hohman noted that the purchase of the right-of-way was done in an appropriate manner and can be used for a local match, but the design money cannot, although it could be identified as a type of seed money to get us grant funds. Mr. Calhoun said that having a design in hand would allow us some reasonable estimate on construction cost, especially if the design is 90% complete. There was discussion about the TIGER and FASTLANE grants; that approximately 57,000 cars travel through Pines and Trent daily; mention that the funds have been allocated but not approved; and concern about how much it would cost to get us where we need to be. Mr. Hohman said that regarding Barker, he recognizes there has been discomfort about the percentage of design completion, and staff has been looking into that and trying to determine a way to move that forward; said he feels they have a viable approach for Council's consideration. Mr. Hohman said that in 2016, we Council Study Session: 02-21--2017 Page 2 of 5 Approved by Council: 03-14-2017 received a Department of Commerce grant for environmental permitting, and used those funds to develop a scope of work with Fehr and Peers; said the study looks at the corridor from I-90 to the City limits; and he hopes to get funds in the future to study the south area; but wants to leverage those funds to move us further ahead; said they'll look at the land use and existing conditions and as part of that SCOPE, and will look at three different alternatives for the intersection. Mr. Hohman further explained that staff discovered there were alternative layouts prepared for public works back in 2014 that were not brought forward for discussion; and that we now know of the alternatives, and Fehr and Peers now has those and can use them for the traffic modeling; said we will go out for another RFQ (request for qualifications), and this new one will be examined to bring the cost down and make it cost effective and look at a two-phase approach; said we will do some public involvement and talk to property owners in the area, and bring all that information to Council; said phase 1 would end with a selected preferred alternative, and phase 2 would move forward to design as much as we can with $720,000; and said we will know how far we can get once phase 1 has been determined. Mr. Hohman said that the existing projected cost of $36 million is very steep and it would be difficult to fund that even on a state or federal level; and staying within the $720,000 allows us to stay within our funds. Mr. Hohman said that one of the alternatives for this would be about one-third of the cost of the existing proposal, or about $10-$11 million in 2014 funds; said the design effort changes and it could be we get close to having a complete design done for the $720,000 depending on what alternative is selected. There was Council consensus to move forward. Mr. Hohman added that he will complete the preparation of the RFQ for review by DOT (Department of Transportation), and in discussions with the DOT, said he feels alternatives could be developed for Trent and Barker, but not so for Pines which is similar to Argonne, and due to constraints, would have to be an underpass. 5. Bowdish and 12t Avenue Project — Gloria Mantz, Robert Lochmiller Ms. Mantz and Mr. Lochmiller went through the PowerPoint presentation explaining the Bowdish and 12t Avenue sidewalk project, including current conditions, purpose of project, proposed improvements, budget, and scheduled next steps. Councilmember Wood mentioned 12th as an arterial, and Mr. Lochmiller explained that it is a local access road, with Mr. Hohman adding that appropriate street designations are determined partly through the Department of Transportation and the federal government, based on traffic volumes, and other factors, and said staff can show a comparison of 12th to 4th and 8th if Council is interested. Councilmember Wood said he would like to see the comparisons. Councilmember Collier asked if the neighborhood has been polled about this project and Mr. Lochmiller said they have not to his knowledge, and Ms. Mantz said she will research that question. Mr. Collier also asked what would we save if we didn't go all the way to 12th, and just went to 11th. Ms. Mantz said she could calculate that, the purpose is to provide safe routes to school, and the main entrance for the school is on 12th. Mr. Lochmiller said he would have to check with the grant to see if such a change would deem us disqualified to accept the grant. Ms. Mantz said staff will research those issues and bring further information to Council, but if we don't do as the grant proposal states, we would have to return any funds we received for the design. Mr. Lochmiller also noted that property owners were notified when a survey was done on the east side of Bowdish, so they know about the project, and so far there have been no adverse comments. City Attorney Driskell added that this project will also give some stormwater control as we have had some issues on the east side of Bowdish in the past; that some drywells were put in but there were still complaints about flooding; and this project would fix that as well. 6. Sidewalk Snow Removal Update — Cary Driskell City Attorney Driskell gave an update on the issue of removing snow and ice from sidewalks, and said currently in our Code, a failure to clear the sidewalks within a certain amount of time is a nuisance violation whereby a warning would be issued to remedy the problem within thirty days or face a $500 civil penalty, which we would seek to enforce in Superior Court. Mr. Driskell said by issuing a warning as described, the snow and ice could be already melted to a reasonable level by the end of that 30 days; he also noted council Council Study Session: 02-21--2017 Page 3 of 5 Approved by Council: 03-14-2017 could repeal the $500 penalty and look at an infraction system with $51.25 for the first citation. He explained the two-tier idea as noted in his February 21 Request for Council Action form. Mr. Driskell stated that pushing snow from your property into the sidewalk or into the street could get someone arrested for a misdemeanor as it impedes traffic. There was discussion about the need to educate the public, about risk of injury or death, that we got numerous complaints this year, seemingly more than in past years; the life of plow blades, having large berms in the road or where to dump the snow, and about having something in place for the elderly and disabled who cannot physically clear the sidewalks of snow and ice. Mr. Driskell noted that staff is mindful not to increase the budget on this unless absolutely necessary, and that we are not looking to add staff. There was further discussion about sidewalks and the percentage of our City having them, the ratio of sidewalks to no sidewalks, the likelihood of more people walking in commercial areas than in other areas, and if we started this, to start with an education and a warning program. Deputy Mayor Woodard expressed his desire to have a new ordinance in place before the end of next spring. Mr. Driskell said that staff is contemplating a robust educational program, including letters, use of Hot Topic newsletter, twitter, and other ways to get the information out to the public; said the City needs to solve the problem of the sidewalks, like slowing the plows or having a realistic penalty, and to develop a list of resources, including who people can hire. Mr. Driskell said if Council desires, he can bring back the previously proposed ordinance. The issue of residents who own long stretches of sidewalk like those along 32nd was discussed, and whether the City should expect those residents to keep them clear. Mr. Driskell said that a choice was made when those developments were done to put in a fence along there, and legally, it is still their property; said if we were to excuse that, we'd likely have an obligation to do it ourselves. Councilmember Pace said he would not support people having to walk around their property to get to those fences. Mr. Driskell noted that many of those areas do not have an accessible gate to the back area, and if we were to have those sidewalks excluded from an ordinance, we would likely have to adopt a code provision broadly applicable, by perhaps associating them with the safe routes to school, which are of major importance when it comes to clearing sidewalks; or we could monitor the situation and see what impact there is around those fences. Councilmember Wood said he would not support any kind of fine unless there was a vigorous educational campaign first, and one with a one or two time warning; and Mr. Driskell said that is what staff has contemplated doing as it has proven effective in the past: educate people first so they understand the situation. Mayor Higgins called for a recess at 7:36 p.m.; he reconvened the meeting at 7:48 p.m. 7. Training: Public Records, Open Public Meetings Act, Appearance of Fairness — Cary Driskell, Erik Lamb City Attorney Driskell and Deputy City Attorney Lamb went through the PowerPoint presentation explaining the Public Records Act, the Open Public Meetings Act, and the Appearance of Fairness Doctrine. 8. Training: Parliamentary Procedure Basics — Chris Bainbridge City Clerk Bainbridge went over some of the basics of parliamentary procedure. 9. Advance Agenda — Mayor Higgins Councilmember Pace said for his first item for the advance agenda he would like to address the subject of the modification of public safety, that he would like three points addressed: (1) police officer recruitment and retention; wants to find out or learn what can we do to help solve that problem and would like a report included from the County Commissioners on their take on this; (2) police officer safety; said he likes the idea of creating a grant program where they apply for grants to use things like steel vests or whatever they think they need to make their job safer for themselves; and (3) that we have no tolerance for crime, said he hopes we can decide we will be a zero -tolerance for crime city; said the last time the focus was on property crimes, and he would like to explore any way to extend the current three month program that we have, or another grant source or do it ourselves; and said that last night he heard a presentation from a pastor about Council Study Session: 02-21--2017 Page 4 of 5 Approved by Council: 03-14-2017 sex trafficking in the area and they made it sound like there are thousands of people involved with that right here in our city; that if that is that big of a problem, he would like to focus on that, or find out if it is a problem. For his second item, said he was at an SRTC (Spokane regional Transportation Council) meeting and in reference to our previously proposed idea of having a utility tax, that he heard a report about a TBD (Transportation Benefit District), and a Port District; said he has a bias against those two as he thinks they are scams to create more layers of government; but he wants to review the details and get a better understanding of how they affect people. Mr. Calhoun said we have had previous reports on those topics and can re -surface those for Council if Council desires. There were no objections. Councilmember Munch said he would like to explore allowing small livestock in urban settings and farming and being able to sell those from one's home or from a farmer's market. Councilmembers nodded in agreement. Councilmember munch said he would like to move on that issue pretty quick if possible. 10. Council Check-in — Mayor Higgins There were no comments from Council. 11. City Manager Comments — Mark Calhoun Mr. Calhoun said we have been notified by Moody's that our bond rating has been upgraded from an Aa3 to an Aa2; and likely our fund balance contributes to that very good rating. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:45 p.m. ATTEST: Christine Bainbridge, City Clerk Council Study Session: 02-21--2017 Page 5 of 5 Approved by Council: 03-14-2017