2018, 01-30 Study Session lvtINIJTES
SPOKANE VALLEY COUNCIL MEETING
STIJDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
January 30, 2018
Attendance:
Conacilmemliers Staff
Rod Higgins, Mayor Mark Calhoun City Manager
Pani 1-Paley, Deputy Mayor John l lohman, Deputy City Manager
Brandi Peetz, Councilmember Cary Driskeil, City Attorney
Linda Thompson, Couneilrnember Erik lamb, Deputy City Attorney
Ben Wick, Councilmember Chelsie Taylor,Finance Director
Sant Wood, Councilmember Mike Stone, Parks &Ree Director
Arne Woodard, Councilmember Bill Helbig,City Engineer
Gloria Mantz, Engineering Manager
Mark Werner, Police Chief
Marty Palaniuk, Planner
Morgan Koudelka, Sr.Administrative Analyst
Henry Allen, Senior Engineer
Christine Bainbridge, Ci[y Clerk
Mayor lliggins called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll, all Councilmembers were present.
Amended Agenda: It was moved by Deputy Mayor 1-Daley and seconded, to approve the amended a erkda-
Vote by Acclamation_ In Favor_ Mayor Higgins, Deputy Miyar Haley, and Councilmembers Wick
Woodard, Peel:, and Wood. Opposed' Councilmember Thompson. Motion carried.
1. CONSENT AGENDA: consists of items considered routine which arc 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 claim vouchers on Jan 30, 2018 Request for Council Action Form Total: $2,438,562.52
b. Approval of Payroll for Pay Period Ending January 15,2018: $332,547.15
c.Approval of January 2, 2018 Counci[ Meeting Minutes, Study Session
d. Approval of January 9, 2018 Council Meeting Minutes, Formal. Format
e.Approval of January 16,20121 Council Meeting Minutes, Study Session
It was ;noved by DeputyMayor Haley„seconded and unaarrirrnov.sly agreed to approve the Consent.Agenda.
2. 1-otio1T imft i '! - t Y [ I.t L 1 LIIini'lr ftights--T-smic-FrrivlayolHiggins
3. Motion Consideration: Waste Management Contract Amendment, Street-wear Fee Morgan Koudelka,
Erik iamb,Henry Allen
I[was moved by Deputy Mayor Haley and seconded to authorize the City Manager to finalize and execute
t re First amended and restated Comprehensive Garbage, Recyclable.s, and Compo.stabies Collection
Contract between the City of Spokane Valley and Waste Management of Washington, Inc. Deputy City
Attorney Lamb explained that this is an amended and re-stated contract, and that Council will notice the
entire contract, with red-line proposed charges related to [he street-wear fee, is included in the packet
because [here are several changes throughout; that there was previously an administrative fee referenced
throughout the document, and that term has been changed to city fee. Mr. Lamb also explained that since
[hese services don't begin until April 1, 201 8, if we were to do just an amendment, we'd have to manage
Council Study Session:01-30-2015 Page 1 of 6
Appruved1 by Council;02-27-201$
two documents; and that this is simpler to have just one document, especially since this is a fee unrelated
to the services provided. Mr_ iamb further explained that the amendments in this amended and re-stated
contract are solely related to the street fee,along with some other minor changes, for example, updating the
address of City Hall. Mr, Lamb stated that this is not meant to be an opening of the contract; that this is a
street-wear tee unrelated to the services; he noted that the substantive provisions in the contract have been
reviewed and discussed by Council over the last two years, and that the purpose of tonight's contract is for
the amendments related to the street-wear fee.
Senior Administrative Analyst Koudelka said that at Council's direction, staff applied a single percentage
fcc to capture as much of the$1.5 million savings as possible,that we achieved this through the competitive
process, without impacting the rates; he said the majority of customer's rates,with few exceptions, will be
equal to or less than they are currently; he noted that the option for customers to use their own cans has
been eliminated, so customers will be using carts provided by Waste Management. Mr, Koudelka said he
looked at the figures of what the rates were when Council originally approved this contract, and since that
time the rates have actually decreased, and under the current methodology we still have some carryover
from the state certificates and part of that is the recycling commodity credit; so when a residential customer
has garbage service, there is a charge for garbage, for recycling, and a commodity credit that offsets the
recycling charge; in August 2017 that commodity credit increased from $1.44 to $2.65; and he explained
that had the ef'f'ect of reducing residential customer's rates by $1.21. Mr. Koudelka further explained that if
we were under that same methodology, this year moving forward it would swing considerably the other
direction as the recycling market has dried up and there is difficulty finding suitable markets to take the
recycling collections already out there; so in looking at that and comparing it to the rates when we adopted
this agreement,the majority of the can customers would see a difference between ,26¢ and.42¢ per month,
an increase of about 2%or less on their bill,over the same period when the CH increased a little over 2,7%,
so the difference customers will be seeing is fairly small. Mr. Koudelka said the good thing about this
moving forward is while we have a single rate that includes recycling, that means that although the costs
associated with recycling are worked into the total rates,they are fixed and subject to the CPI increases;he
also noted them was a small revenue shift to make everyone's reduction of a similar percentage reduction
so we can capture the full difference moving forward by applying the same percentage rate, 12.5% to all
service lines. Mr. Lamb noted that Senior Engineer Henry Allen will be the staff member in charge of
administering the contract. Mayor Higgins invited public comments.
Mr.Ed Pace, Spokane Valley: asked Council to please not apply the street wear fee but rather to vote against
it; said he would rather see the contractor have the ability to pass that savings along to the customer or the
city pass the savings along some other way; said he knows we need money for pavement preservation and.
road maintenance, but he would like to see that happen through spending cuts, and if expenses go up, we
need to make cuts. rvis.Jaclyn Ciallion, Spokane Valley: said she is not sure if she opposes or supports this;
she has a family of ten and they don't have garbage service since it is expensive, so they haul their own;
and she mentioned dropping the fees would be a benefit for some; that she knows roads arc important, and
would appreciate some kind of a balance. There were no further public commerrtc.
Council discussion included the need to fund road preservation with as little impact on citizens as possible;
that concerning our budget we have a pay-as-you-go philosophy and not a use it or lose it philosophy; and
the annual growth of our budgets is about ]%; that this is a complex subject and comment from Council
with confirmation from staff, that these funds will not be spent on anything except the street O&M fund,
with l i i r7 ited portion for adm i n i stration;that staff cannot change the use of the proceeds a s it is contained in
the contract and any change would require Council approval. Mr, Calhoun.also noted that the state auditors
will make sure staff adhere to not spending those funds elsewhere. '[here were also questions about
projections for street projects, and Mr. Calhoun said Council and staff will have a more in-depth discussion
of this topic at the February 13 winter workshop, Yore by Acclamation: In Favor:Mayor Higgins, Deputy
Mayor Haley, and CCouncilmembers Wood,. reetz, Woodard, and Thompson. Opposed: Cozatdeltne tber
Wick. Motion carried.
Council Study&ssion:01-30-2018 Page 2 of 11
Approved by Council:02-27.2015
NON-ACTION ITEMS:
4. Code Text Amendment, 2017-0003, Subdivision Regulations—Marty Palaniuk
Planner Palaniuk explained via his PowerPoint, of the proposed Spokane Valley Municipal Code (SVMC)
amendment to change sections of SVMC chapter 20.20 to clarify the legal lot definition, establish what it
means to he an innocent purchaser, eliminate the need for additional width on corner lots, eliminate the lot
depth to width restriction, change the definition of a flag lot,eliminate development requirements based on
future plans, and to make minor grammatical corrections. Mr. Palaniuk also explained that the current
framework for determining a legal lot is confusing, of the need to update SVMC 'Title 19 to make it
cons iste n t with Chapter 2020,and that future acquisition areas cannot be imposed so this amendment would
eliminate requirements associated with future acquisition areas. After brief council discussion concerning
these proposed changes, there was consensus from Council to move this forward to a first reading.
5. Barker Grade Separation Project update—Gloria Mintz., Bill I lelhig
City Engineer I lelbig started through the PowerPoint explaining the project location,need and benefit,and
the background of the 2004 Bridging the Valley concept leading up to the preliminary designs and
alternatives. As shown on slide 6, Ms_ Manta noted the six alternatives and associated cost, and said that
all alternatives show a round-about, which is the preferred intersection control for WSDOT, so that has to
be our starting point; that through this process an intersection justification report will be prepared to
determine if a round-about or a signal will be used for this project;and as shown in the simulation,a round-
about has the benefit of keeping traffic moving instead of having it.backed up; with signaling and a four-
leg intersection, there are thirty-two traffic points that can be used, half of which are for diverging and
merging traffic and half for crossing vehicles which is where the most serious and fatal crashes occur, Ms.
Mang said that Alternative 5 is the preferred alternative; she noted the pros and cons of alternative 5, and
went over the project funding as shown,and that with the currently budgeted $3.6 million,there is a funding
gap of approximately $3 million; and noted that Barker Road will be closed during construction,which is
estimated to take between eighteen and twenty-four months. Ms. Mantz explained (hal she received a
telephone call today from Sean Mesner, former City traffic engineer and currently the Spokane County
Traffic.and Transportation Manager,who told her there are concerns from a couple County Commissioners
about alternative 5 not showing a fourth leg that would provide access to the neighborhood on Highland
Estates. Ms.Mantz said the City's position from the beginning has been,that we met with Spokane County
and with the developer,and we told them that we were open to have a design that provided a fourth leg,but
we would be looking for the County or the developer to contribute for that; and she said that as of now,
they have not approached us. indicating they would he able to or want to participate with funds.
Councilmember Woodard asked that if we did a round-about there and nothing has happened with the
County or the developer, is it correct that a round-about is built in such a way that a fourth leg could lx
added in the future with little impact. Ms, Mantz replied that is correct, but it would he ideal to have it
designed now. Councilmcmher Woodard added that the area in question for a fourth leg is outside the
jurisdiction of Spokane Valley, but we must make sure our tax dollars arc spent for what benefits our
citizens, that we don't have an annexation plan for Highland Estates; said he is cognizant of the County
Commissioners and the developers, but they need to "step up" pretty soon if they want a fourth leg. Mr.
Helbig said there is nothing that would preclude a fourth leg on the round-about in the future, and that
would be between the County, the developer, and the state, as the round-about would belong to the stale
since it would be part of the state highway system.
Councilmember Wick then mentioned several concerns; said that it was stated that staff mentioned that in
the beginning, we did not have regional support, and he questioned that and said that when he was on
Council previously, we had letters of support from the Fire District, the County Commissioners, and the
Washington State Secretary of Transportation, all in support of our project going forward. Mr, I Ielbig said
it is his understanding that there was support for a project but it was for the conceptual alternative that was
proposed for the full interchange, and that it was the design itself that did not have the full support. Ms.
Mantz said it was the interchange design that WSDOT did not support particularly due to the benefit versus
the cost as it had a $36 million dollar price tag. Councilmember Wick asked since the County had some
(:ou?1Ci I way;essic II.01-30-2018 p27ge 3 of 6
Approved by Council;02-27-2018
concerns, has staff-taken this design hack to the regional partners Eike the 1-ire District and the County to
try to get their buy-in for support for alternative 5? Ms. Mantz said stall'met with the Fire Department to
discuss the alae iat.ives and they relayed to us that anything we would do there would improve the situation;
and she further explained that when staff said there was lack of stakeholders support, it was mainly from
WSDOT because of the interchange design. Concerning the design simulation shown tonight,
Councilmember Wick said it showed an intersection versus around-about but in previous designs, it wasn't
actually an intersection like that, it was a fly-over like Sullivan, and said he hasn't given up on the idea of
having a flyover versus a round-about. Mr. I lelbig responded that WSDOT, in their new practical design
solution, did not support a fly-over for this location, and their practical design solution is for some type of
controlled intersection, either signal controlled or round-about Councilmember Wick said that when he
was in Olympia he had some conversations with some of[he Commissioners, and they understood that they
would have to extend some dollars tnr a north leg,and said there m i ght be some communication breakdown,
and said they were wanting to have a discussion if we were to move forward, if they have those funds lined
up,there might be a benefit from awarding it all at once instead of separately.Ms. Mantz said them will be
a coordination meeting that will be set up with us, Spokane County, and SR'l'C; she said we told Spokane
County several times that if they wanted to contribute [hat we would be open to that, and at one point they
indicated that it would have to be developer-driven; and she stressed that conversation was not with the
Commissioners but rather at the .staff level, and if that is something they would want to entertain, we arc
not opposed to [hat idea,and of course, the sooner the better,Mr.Helbig said it is not a huge effort to design
for a fourth leg, but is a matter that if a fourth leg is to he constructed, the County staff that he and Ms.
Mantz met with said it would be developer-driven whether or not the rest of that development up there
actually develops and retluires that connection with the state_ Councilmember Wick suggested that perhaps
the Mayor or our Council extend a letter to the County to let them know that if they want 10 be i.rj for this
fourth leg, we need to move on our project to keep things moving_ Mayor i liggins said he would be sifting
beside Commissioner French this Thursday and he will ask him. Ms. Mantz added that we have asked our
consultant to look at this intersection and determine what additional traffic value would break it in
anlieipafion of having that additional connection from 1 fighland Estates, as currently they have 200 lots
there, but that she heard the developer has some big dreams for that neighborhood.
Councilmemher Wick asked that based on several competing regional factors, do we feel confident in our
design abilities to continue moving this project forward, Mr. Helbig said we already have a consultant
looking at the conceptual phase fir us and we are working with them to estimate the cost of moving forward
if we decide to do that. City Manager Calhoun added that discussions are well under way with REA for
phase 2 consultant contract,we have m o re than a p rel i m i nary scope of services under way, and the intention
is sometime in February we will he carrying it forward to Council for approval of the entire design and
right-of-way services. Councilmember Wood asked ifwe arc talking about holding up this project for the
County, and of a possibility of having a fourth leg that has never been discussed, and which is not within
our_jurisdiction. Mr. Helbig said no, we are not holding [his project up waiting for the County,that we have
worked long and hard for this and there is no suggestion that this come to a standstill. 't'o clarify, Ms. Mantz
said this was not a conversation with the Commissioners, but rather, she had a phone conversation with
County Traffic Manager Sean Messner, and Deputy City Manager Hohman had a telephone conversation
with.Chad Coles, County Engineer, There was Council consensus to move this project forward.
6. Street Maintenance—John Hohman
Deputy City Manager I lahman explained that this is mostly a housekeeping item;that this contract for street
and storttrwalcr maintenance was approved in October of 201 el, which included four, one-year optional
renewals, and that this would be the third of four. Mr. Hohman said that the contract amount hourly rate
will change but not the total contract amount as work items will he adjusted accordingly. After Mr. ['oilman
went over SOrrme ofthc Ti istoiy ofthese services, including the bidding history,he noted staff seeks consensus
from Council to have this item brought back next week for a motion to authorize the City Manager to
execute the contract. In response to Councilmember Wick's expressed concern with road maintenance
funds, Mr, llohman explained that our telephone utility tax deficit dramatically affects this contract and
Council Study Session:01-30-2018 Page 4 ot'i
Approved by Council:02-27-2018
that staff-will he bringing the issue of road maintenance and street preservation for further discussion, at
the February 13 workshop. There was Council consensus to move this item forward for next week's agenda.
7. Street Sweeping—John Hohman
As with the previous agenda item, Deputy City Manager Hohman gave Council some background on this
contract, which was approved in 2015 to include four optional, one-year renewals; he said this would be
the third option; and that thecontract amount would stay the same as in previous years. Council agreed to
move this forward at an upcoming meeting for a motion consideration to consider this renewal.
8. Advance Agenda—Mayor Higgins
Mayor Iliggins said there appears to be some confusion among citizens about single family dwelling and
duplexes; and he would like staff to give Council a report on what our Code contains concerning the
definition of single,family dwelling_ There wereno objections from Council.
9. Information Only
The (a)Quarterly Report Permit Center Survey; and the (b)Department Reports were for information only
and were not reported or discussed,
10. Council Check-in Mayor Higgins.
Councilmember Thompson mentioned that she met with City Manager Calhoun, his assistant Ms. Filisha
l Leath, and Parks& Recreation Administrative Assistant Ms.'Tina G-regerson, to discuss youth engagement
projects; said they had some great ideas and that she will be reporting more on this topic in the future.
11. City Manager Comments—Mark Calhoun
Per his handout distributed to Council just prior to the meeting, City Manager Calhoun explained that there
are two legislative issues he would like to bring to Council's attention.Mr. Calhoun stated that House Bill
2952 sponsored by Representative Shea seeks to rename the A.pplcway Trail to the Senator lob McCaslin
!rail;that this matter is set for a public hearing and executive action February 1, and our lobbyist has asked
us to let her know the City's direction on this bill. Councilmember Thompson said she knew Senator
McCasl in for a long time,and had worked with him and greatly respected him; and said she has a concern
however with the State legislature renaming something in our City, which is not slate land or a state project;
said she is not sure she would support renaming the trail, but offered the idea of perhaps having a plaque
dedicated in honor of Senator McCaslin; and said she would not be in support of this bill to have the
legislature change a name on a project that we have worked on which is in our community, Councihnembcr
Wick said he was not in attendance last week in Olympia for the Association of Washington Cities action
days, and he asked if our representative brought this up at tha[ time. Mayor Higgins replied that it was
briefly discussed then. Councilmember Wick and Thompson mentioned this is catching them unaware_
Councilmember Wick said he would have prefened that this had come to Council first. Mayor Higgins
explained that it was an idea, and not.necessarily anything that was formalized.
There was brief discussion abou[ Council previously sending a letter of support in the.renaming of a section
of State Highway 27 in memory of Sam Strahan who had been killed in a shooting incident at Freeman
High School, which is a state highway. Councilmember Woodard said that perhaps this gives our citizens
more protection with a trail named after a senator who served for more than thirty years, and give some
protection to that lineal trail;that thirty years after the trail has been completed and "they" want to put in
rapid transit, this would give us protection and give us local control; said he is open to the idea, that in
Olympia it was just an idea and not something in a bill; and said that perhaps the state does have some say
in this based on [he amount of state grant money we have.received for this [rail. Discussion moved to the
cost of the marker as well as changing signage around the City. Mr. Calhoun said we have just become
aware of this this afternoon, so have not had an opportunity to do an inventory of those signs.
Council member Wood said that he agrees with Councilmember Thompson and questioned the state's right
to tell us what we can name that trail and that he would like to know if they do have that right as he objects
to the state telling us what wehave to name something in our city;he said Senator MeCasI in did awondertul
Council Study Session_01-30.2018 Page 5 of t,
Approved by Council:1Q-27-2018
•
job for this community for over thirty years, and that he has a lot of respect for Senator McCaslin; and
Councilmember Wood also mentioned the financial impact on our signs_ City Attorney Driskell said we are
in a difficult position from a timing standpoint since a public hearing on this will be held on this very soon,
and suggested it might he a good idea for Council to consider delaying this action so we can determine the
costs and impacts of such a change, and what is the authority if any, of the legislature to tell the city what
the name of a park has to be; and in that regard, said he and Mr. Calhoun have discussed the idea of the
City adopting a process to use in naming a park, street, etc., and what considerations Council might want
to include in defining such criteria.
Councilmember Wood said he is in favor of delaying this bill.There was apparent consensus with that idea
and Mayor Higgins asked if we could ask our lobbyist to sec if we can delay this bill. Mr. Calhoun stated
staff will draft a letter on behalf of the City and signed by Mayor Higgins, asking for deferment for
legislative action until the 2019 legislative session. Councilmember Thompson suggested that the Council's
great respect for Senator MvlcCaslin and our gratitude for his work be included in that letter. Mr. Driskell
said lie will draft a letter that addresses the cost to the city, and the authority of the legislature to require a
name change, and that the letter will specifically identify the respect Council and the community has for
Senator McCaslin, Councilmember Wick suggested it might be better received as a capital budget item, to
add the plaque and that we would gladly accept that and place that on [he Appleway Trail in honor of
Senator McCaslin.
City Attorney Driskell said that Washington Cities insurance Authority (WCiA) brought to our attention,
two bills, House Bill 2262 and Senate Bill 6015 regarding changing the wrongful death statutes to expand
the definitions of the people who could sue for wrongful death,and to apply those definitions retroactively
if within the statute of limitations; he said it would likely cost the state an additional $3.5 million annually
and would encourage more wrongful death suits; said even if we contributed a very small percentage to a
death, we could be liable for the entire amount, which would also impact the risk pool costs. There was
Council concurrence that Mr. Driskell draft a letter under the Mayor's signature, asking that our lobbyist
sign in in opposition to both trills,
City Manager Calhoun also noted [hat the Council/Staff workshop will be held in this room February 13,
beginning at 8:30 a.m., and will hopefully end by 2:30 p.m., he noted the February 1.3 evening council
meeting will not be held.
It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn_ 'i'he meeting
adjourned at 7:49 p.m.
)1 e
ATS, L.R. Hi0
ristine Bainbridge, City Clerk
C;nunc[1 study Session:01-30-201S Page.hof 6
Appruvecl by CuuneiI: 02-27-2013
Tuesday, January 30, 2018
Councilmernbers:
I'll note the following during the City Manager comments portion of this evening's
Council meeting:
Once our 2018 Legislative Agenda was adopted I noted in subsequent City
Manager comments that once the 2018 Legislative Session was underway
we might at times be faced with making decisions with very little notice
regarding whether the City is in support of, or opposed to particular bills.
This afternoon I became aware of House Bill 2952 sponsored by
Representative Shea that seeks to rename the 1Appleway Trail" to the
"Senator Bob McCaslin Trail"
According to Chelsea Hager of Gordon Thomas Honeywell this bill is
scheduled for a public hearing and executive action on February 1t at Sam.
Chelsea asked that we let her know how the City wished to sign in.
H-4269 . 1
HOUSE BILI, 2952
State of Washington 65th Legislature 2018 Regular Session
By Representatives Shea, DeBolt, and Haler
Read first time 01/29/18 . Referred to Committee on Environment .
1 AN AT Relating to officially naming a recreational trail; and
2 creating a new section.
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 NEW SECTION. See. 1. The legislature hereby renames the portion
5 of the Milwaukee road corridor in tho city of Spokane Valley known as
6 the Appleway trail the "Senator Bob McCaslin trail . !
7 The state shall provide and install a proper marker in a
8 suitable location in at least one main activity area of the trail
9 identifying the name of tho trail.
10 The legislature finds that it is appropriate to so honor Senator
11 Bob McCaslin for his thirty years of dedicated service to the people
12 of this state.
---
p. 1 HB 2952