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2018, 08-21 Study SessionAttendance: Councilmembers MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington August 21, 2018 Staff Rod Higgins, Mayor Pam Haley, Deputy Mayor Brandi Peetz, Councilmember Linda Thompson, Councilmember Ben Wick, Councilmember Sam Wood, Councilmember Arne Woodard, Councilmember Mark Calhoun, City Manager John Hohman, Deputy City Manager Cary Driskell, City Attorney Erik Lamb, Deputy City Attorney Chelsie Taylor, Finance Director Bill Helbig, City Engineer Gloria Mantz, Engineering Manager Adam Jackson, Planning & Grants Engineer Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. and then asked for an observance of a moment of silence for the person who perished in the first on the west end of our city. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. ACTION ITEMS: 1. Motion Consideration: Consolidated Rail Infrastructure & Safety Improvement Grant (CRISI) — Adam Jackson It was moved by Deputy Mayor Haley and seconded to authorize the City Manager or designee to apply for CRISI Grant fiends for the PE phase only for the Pines/BNSF Grade Separation Project with a 50% City match of $1,246,500. Grants Engineer Jackson explained that this is the second CRISI call for projects within the last two months; he explained that the difference this time is applicants are now allowed to submit for preliminary engineering as well as final engineering and construction funding in the same application; but that the FRA (Federal Railroad Administration) has cautioned us against this option because projects that haven't completed PE won't likely be in a position to be awarded construction funds; and that because there are similarities between this and the previous call for projects, the FRA allows applicants to resubmit their first CRISI application, and that applicants can include a cover letter with the application addressing minor changes since the first submittal. Mr. Jackson noted the maximum award is 80%, with priority given to 50% non-federal match applications; and said the 50% City match for this request would be $1,246,500. Councilmember Wood said based on previous comments, it sounds like the issue hasn't been resolved about the railroad and tracks, and how many tracks there would be as well as the width between the tracks, and he asked how we could do engineering on something when we aren't sure of the configuration. City Engineer Helbig explained that we now have information for the Pines location concerning potential future tracks and spacing on the tracks so we can now move forward with the design of the Pines project. Councilmember Wick asked if there is a window in which we must construct; and Mr. Jackson said he doesn't think so but would have to verify that, and said there was no obligation deadline with the first submittal. Councilmember Wick said he is aware we have our application submitted to SRTC for right-of- way funds, and he asked if that counted toward the CRISI program. Mr. Jackson said it could count for this call for projects if we were to resubmit under the entire project, but for consistency sake and us submitting a duplicate submittal for the first call; said that first application identified and discussed that there are challenges in coordinating with the railway and the design of how this configuration would work; so in the Council Study Session: 08-21-2018 Page 1 of 6 Approved by Council: 09-11-2018 first application we focused on design only, so to come in with a second application that differs from that, puts a kink in the consistency of the project from June to September; he said that right-of-way is an eligible cost for the full construction phase if we were to resubmit under that track, or multiple tracks including preliminary engineering, environmental right-of-way, final design and construction; but for our first submittal of PE only to maintain that, we would not be going after right-of-way. Councilmember Wick asked if the application to the SRTC includes the full right-of-way fund that we would need, or do we still have more right-of-way funding needed. Mr. Jackson replied that it is intended to be the full amount given the amount of information we knew at the time of the SRTC submittal. Councilmember Wick asked Councilmember Woodard about the potential for us to get right-of-way funding for that [SRTC] program for this year and the five-year program. Councilmember Woodard said it doesn't look hopeful for this year; said the committee has not got to the five-year, but has prioritized projects and that is number five or six in the final prioritization list but it depends on the type of granting available, because the prioritization, if the funding calls meet #17 best, that would be the one that gets filled; or if there was a right-of-way call and ours was the top right-of-way one, of course that would be the one put in there, so there's no guarantee if you are the number one project or number sixteen project where you will end up or when you'll end up with funding, and he said it depends on the calls for funding or calls for granting. Councilmember Wick said they already did calls for granting, and Councilmember Woodard said they called for projects to be put into that list for prioritization, but said he doesn't know if that necessarily takes care of Mr. Jackson's grant here, and said it doesn't look like we will get the grant this year. Mayor Higgins invited public comment. Mr. John Harding, Spokane Valley: said he is confused and wants to know if this CRISI grant replaces the TIGER grant; does it address police, fire, EMS interdiction with the rail system; said that will get worse with additional lines; asked if we know it will be limited to two and what if commerce continues as it has been as maybe they'll want four or five, and apparently we can't stop that, or can we; said he has been doing some counting and he thought they were limited to 120 cars; but the last three to four weeks he has seen several well over 120; what if lines in two directions are going at the same time, which sometimes happens and there is an emergency, no one will get through; said the rail system apparently has carte blanche and that it seems to him we should really look into this and not get the cart before the horse and make sure we know exactly what the future rail improvements might be. There were no other public comments. Councilmember Wick said he thinks our Pines project has a good shot being ranked the #1 project in the state through the FMSIB projects for grade crossings; and he asked if the CRISI grant program focuses just on grade separations or rail conflicts. Mr. Jackson replied that it does not entirely, and that a big factor with the federal rails program is inner-city passenger service and safety and improvements to infrastructure. Mr. Jackson explained that grade crossing improvements would be the minority in terms of how those funds will be distributed, but it is still an eligible project because it would be improving safety for passenger or freight rail movements. Councilmember Wick asked if that gives us an advantage since that is used by Amtrak. Mr. Jackson explained it does not; as in the inner-city definition, we don't have an urban environment that the truer inner-city would have. Councilmember Wick said he feels we have set up our application very well for the design phase, and coming in with the 50% match to try to go forward; said it was a very quick call for projects and was the first round; that he knows it was a limited dollar amount but isn't sure how many others country -wide are already planning to try to move forward with that and is sure it will be getting more and more popular; and he would like us to think hard about whether we should submit the same one over and over again or look at what an application would be for construction funds; said he doesn't know if there is enough time to do that today but the second call isn't until September, and that he would like to consider deferring this to another week to give us more time to consider that idea. Deputy Mayor Haley said it is her understanding that the Federal Rail Administration recommends we do this; and Mr. Jackson acknowledged that is correct. Mr. Jackson said the CRISI application is very similar at the federal level from a planning grants engineering perspective; that it is similar to a BUILD or TIGER grant and is very competitive and very large; but how we set up this application, it is different as it goes Council Study Session: 08-21-2018 Page 2 of 6 Approved by Council: 09-11-2018 above and beyond the BUILD application where it requires you to specify in a statement of work document included with the application, to provide line -item schedules for the project development; said the idea is that it is written from the perspective that the applicant has been awarded the project funds, and then Federal Rail can ask to see the statement of work and if that's what we said we'd do, then that's what we do. Mr. Jackson explained that the FRA has a line item of what they are signing up for when awarding the funds; so the warning from the FRA staff was, when you do that at the PE level and you know your project is at that track for PE only from the previous submittal, you outline that statement of work and are essentially showing your cards, saying, here's where the project sits today, here are the challenges we have and here's what we hope your funds can help us work through; by going with that in the first CRISI submittal, and then turning around and re-creating another statement of work that essentially takes away or acknowledges those challenges but then adds ten -fold all the other challenges that may exist, and assign dates to the right- of-way, and from the federal perspective that just introduces more risk which lowers the potential scoring; so all that convinced staff to keep the same application because it shows our focus and priority to the project, and we knowledge with the SRTC application that we are trying to piece to the right-of-way; so as we grow the project, the appeal for full funding gets better, but we aren't quite there yet. Councilmember Thompson referred to this call where it references `seeks private sector participation' and she asked what has changed in the application or what addresses that. Mr. Jackson replied that from our project's perspective, it changes nothing; we haven't gained mitigation fees for the project or private developer contributions, so that's something where the previous application had an opportunity to inject that into a table that describes the funding, but this notice specifies a particular section of the document that really identifies that and shows the sharing of the project; and for ours right now, it doesn't score well in that area. Vote by Acclamation: In Favor: Mayor Higgins, Deputy Mayor Haley, and Councilmembers Wood, Woodard, and Peetz. Opposed: Councibnembers Thompson and Wick. Motion carried. 2. Proposed Resolution 18-007 Declaring Property Surplus — Chelsie Taylor It was moved by Deputy Mayor Haley and seconded to approve Resolution 18-007 declaring real property surplus. As she had explained earlier, Finance Director Taylor again explained the property and the process to declare that property surplus, after which Mayor Higgins invited public comment. No comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. NON -ACTION ITEMS: 3. Estimated Revenues & Expenditures for 2019 Budget — Chelsie Taylor Finance Director Taylor went over the information contained in her August 21, 2018 Request for Council action form, and said this marks the second occasion where Council will discuss the 2019 budget. Via the PowerPoint presentation, Director Taylor stated the total appropriations in all City Funds, and stated that our FTE (fulitime equivalent) personnel is proposed at 93.75 for 2019, which she said is an increase of adding five FTEs and reducing a vacant administrative assistant position to a half-time position. Deputy City Manager Hohman further explained about the addition of the proposed five FTEs, and that they are being proposed to meet construction needs on projects that are primarily grant financed, and if needs were to decrease in the future, the City would begin to eliminate the positions. Mr. Hohman discussed the proposal for the additional staff, mentioned the current unassigned projects, increased grant requirements, and increased inspector positions which would allow us to bring our engineering technicians back in out of the field so they could work on the designs; said that during the winter some of these positions could supplement or replace the seasonal staff. In response to Councilmember Wick's question, Mr. Hohman stated we have never had to lay off any staff. Councilmember Wick mentioned he met someone while attending the AWC Conference in Yakima, who owns an engineering firm in Spokane and they contract for inspection; said that individual indicated his interest in bidding on something if we were to go out for bids for road construction inspection, and said they do that with the City of Spokane. Mr. Hohman explained that staff went through that process and there was only one qualified firm and we did retain them; and again said we have not laid off any staff and are typically very creative and during the last decline in the economy, Council Study Session: 08-21-2018 Page 3 of 6 Approved by Council: 09-11-2018 as staff positions became vacant, we did not fill those positions and would imagine we would look at similar creative solutions when necessary. City Manager Calhoun added that if possible we would try to engineer a "soft landing" so we don't have to lay someone off, but given the current and projected workload, said he'd rather risk having to lay someone off in the future as opposed to not having enough people to do the work. Finance Director Taylor then discussed the general fund revenues and expenditures noting that recurring revenues currently exceed recurring expenditures by about 8.27%; she noted projected fund balance at the end of 2019 is currently 79.33% of recurring expenditures. Director Taylor also went over other funds such as the motor vehicle fuel tax revenues, telephone taxes, real estate excise taxes, hotel/motel tax revenues, stormwater management fees, and aquifer protection area fees. Ms. Taylor briefly discussed challenges such as the declining revenues in the Street O&M Fund, and balancing the cost of pavement preservation against other transportation and infrastructure needs; and lastly mentioned upcoming dates for future budget discussions. 4. 32nd Avenue Sidewalk Project Change Order #1 — Gloria Mantz After Engineering Manager Mantz explained the background of the change order for the 32nd Avenue Sidewalk Project, Council concurred to place this on the August 28 Consent Agenda. 5. Capital Projects Update — Gloria Mantz As noted on her August 21, 2018 Request for Council Action and accompanying PowerPoint, Engineering Manager Mantz updated Council regarding the status of several capital projects including the grade separation projects, North Sullivan ITS (Intelligent Transportation System) Project, ITS Infill Phase I Project; and other projects in construction such as Mission Avenue Flora to Barker, Pines and Grace Intersection Safety Project, Broadway/Argonne/Mullan PCC Intersection Project, and two City-wide reflective signal backplate projects. Concerning the grade separation project, Councilmember Thompson asked if we sent a thank you to the congressional delegation thanking them to help move the communication on the project. Mr. Calhoun said we have not, that it would be appropriate, but that he isn't sure we are finished yet, adding we could send an interim thank -you, but anticipated we will likely continue working with them; and agrees an update and a thank you would be a good idea. Councilmember Peetz said that when she attended some of the National Night Out Parties, several people asked about how to obtain some of that reflective signalized backing, and she asked how would one go about getting that. Ms. Mantz said citizens can contact engineering and make a request; that they would not qualify for the ongoing grant opportunities, but staff will evaluate the requests to see if there is potential to qualify for other grant opportunities. 6. Park Regulations — Cary Driskell, Mike Stone City Attorney Driskell explained that it has been several years since the City reviewed the rules governing use of the parks, and staff has noted several instances where adopted rules are difficult to enforce due to ambiguity, and said tonight is an opportunity to obtain Council feedback on same draft changes as contained in the track -change document included in tonight's packet material. After Parks and Recreation Director Stone went over some of the major changes proposed, Mr. Driskell said a camping definition will also be included in the near future, but it wasn't quite ready for tonight's agenda. Concerning weapons in the park, Mr. Driskell noted local jurisdictions are pre-empted from prohibiting firearms, but these provisions continue to prohibit discharge of firearms, as well as other projections. There was discussion about signs and people posting circulars about lost pets, etc. and Mr. Driskell said we have to be careful about signs as we cannot prohibit certain types of signs; said posting notices about lost pets means people would be posting them on trees or vegetation, which causes harm to the vegetation, results in litter, and that a billboard is not our vision of a park; in addition, if political signs are posted in parks staff picks them up and asks the owner to come collect them. It was suggested by several members of Council that the rules should be posted at all parks so people are aware, with specific mention of prohibiting hitting golf balls, and that alcohol is Council Study Session: 08-21-2018 Page 4 of 6 Approved by Council: 09-11-2018 prohibited. Councilmember Wood mentioned Edgeclift Park and that the canopy area is used a lot and there is beer drinking, and said he doesn't see a problem with it. Mr. Stone explained that when people rent the shelters they get a list of the rules and the person requesting to use the shelter must check off that they won't have alcohol at the event; and he added that most parks don't allow alcohol in the parks; said if it were openly allowed he is not sure we could keep up with all the challenges that presents and intoxicated people often lead to destruction and damage in the park; and said he will make sure the rules are posted if they aren't already. Councilmember Thompson said she would like to advocate for the use of pinatas; and if the problem is in hanging them from trees, people might use two poles or figure out another method as she would like us to figure out how to allow families to use them; she also asked if there is an option to call ahead if someone wants to use a metal detector. Director Stone said he would venture a guess that 90% of those who use a metal detector never talk to the Parks and Recreation Department and staff hardly knows they are there; but if that is something Council feels is important, we could develop a no -cost permit. Deputy Mayor Haley also expressed her advocacy for pinatas and said most people don't hang them in trees, and it is an inexpensive fun activity. Mr. Stone said staff will work on the language to figure out a way to allow that and Mr. Driskell said he will also work on language regarding not only pinatas, but metal detectors. Councilmember Woodard said littering is also a problem and maybe we could post a schedule of fines. Mr. Driskell said littering is a class infraction and could result in a fine and court costs of about $112, which is usually a sufficient disincentive; that most people know not to litter, and the problem with those who do litter, is catching them in the act; and said he and Mr. Stone will work further on the language and bring back a draft ordinance mid to late September. Council agreed. 7. Council Salary — Cary Driskell City Attorney Driskell explained that this came about as a result of a citizen public comment at a previous Council meeting, concerning Council's compensation. Mr. Driskell explained about the two ways that Council's pay could be adjusted, and after his explanation and brief discussion, it was Council's consensus to move forward on the second option, which would be through the use of a salary commission, and to bring an ordinance back to amend that section of the Municipal Code. 8. Council Budget Goals for 2019 — Mark Calhoun After City Manager Calhoun read through the individual budget goals for 2019, Council agreed to keep the goals as written and for goal #7, to include the "Appleway Trail." Councilmember Thompson mentioned about finding ways in our economic development to support local businesses including to perhaps add something in our legislative agenda. Mr. Calhoun said that topic will be discussed during next week's agenda so we can discuss about having language encouraging the state not to impose regulations that hinder businesses. Mr. Calhoun also noted that once finalized, these goals will be reflected in the budget document when it comes before Council in mid-September. 9. Advance Agenda — Mayor Higgins Councilmember Woodard asked about sending a letter to Rob Ford in Toronto who fired the CEO of Hydro One, and the entire Board, to see if we can get an explanation, and if there is anything he knows about Hydro One that he can share with us for the benefit of our citizens, since the sale of this company will impact about 10,000 of our homeowners. Mr. Calhoun noted three or four Councilmembers agreed, and he asked if the intention is to draft a letter for the Mayor's signature to bring back for Council's review and potential approval, and several Councilmembers concurred. In light of the CRISI programs and other federal grants, Councilmember Wick suggested another advocacy trip to Washington, D.C., to get a group to meet with the FRA in Washington, D.C. to express our need and urgency of our projects to be a higher priority for them. Councilmember Woodard agreed and suggested perhaps also making a visit with the Secretary of Transportation or others at USDOT. Councilmember Wick Council Study Session: 08-21-2018 Page 5 of 6 Approved by Council: 09-11-2018 suggested planning for a day or two of meetings, and to perhaps extend an invitation to the Chamber to encourage them to go as well. Mayor Higgins suggested a planning session to lay out the details of such a trip, and Mr. Calhoun said we can include an admin report on a future agenda to more fully develop this, including a timeline 10. Council Check-in — Mayor Higgins Councilmember Thompson said she met with the financial committee with the Board of Health and they discussed how the services of the Health District expand into communities, and asked that one of the "Neighborhoods Matter" projects be considered for Spokane Valley; said there has been several "Neighborhoods Matter" projects in the City of Spokane, and she would like to see that possibility in Edgeclift or elsewhere in our community; she also mentioned that Todd Miller was selected as a large jurisdiction DUI Officer of the Year with the Washington Traffic Safety Commission and was honored at a Mariner's Game last Saturday, and said she will submit an application for a proclamation to honor him officially. 11. City Manager Comments — Mark Calhoun Mr. Calhoun had no additional comments. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:57 p.m. ATTEST: r, �, C l ww`i MC� 6.- Christine Bainbridge, City Clerk Council Study Session: 08-21-2018 Page 6 of 6 Approved by Council: 09-11-2018