2018, 12-04 Study Session MINUTES
SPOKANE VALLEY COUNCIL MEETING
STUDY SESSION
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
December 4, 2018
Attendance:
Councilmembers Staff
Rod Higgins, Mayor Mark Calhoun, City Manager
Pam Haley,Deputy Mayor John Hohman, Deputy City Manager
Brandi Peetz, Councilmember Cary Driskell, City Attorney
Linda Thompson, Councilmember Chelsie Taylor,Finance Director
Ben Wick, Councilmember Mike Stone,Parks &Recreation Director
Sam Wood, Councilmember Bill Helbig, City Engineer
Arne Woodard, Councilmember Mark Werner, Police Chief
Marty Palaniuk,Planner
Ray Wright, Senior Engineer,Traffic
Erica Amsden, Sr. Engineer/Project Manager
Rob Lochmiller, Sr. Engineer/Project Manager
Christine Bainbridge, City Clerk
Mayor Higgins called the meeting to order at 6:00 p.m.
ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present, including
Councilmember Thompson via remote conference phone.
APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Haley, seconded and
unanimously agreed to approve the amended agenda.
ACTION ITEM:
1. First Reading Proposed.Ordinance 18-025., Open Space Code Text Amendment—Marty Palaniuk
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded,
to advance Ordinance 18-025 to a second reading. It was then moved by Councilmember Woodard and
seconded, to amend the motion and delete the open space requirements in 19.70.050g. Via his PowerPoint,
Planner Palaniuk explained that this is a City-initiated code text amendment to amend the open space
requirements in the mixed use zones, and to amend Appendix A definitions; that the amendment seeks to
encourage mixed use (MU) projects in the MU zones and require open space for multi-family projects by
adjusting the standards in those MU zones, and if adopted as recommended, it would require all multi-
family projects to provide open space, add language to identify what form mixed use must take within a
development, specify that parking areas shall not be considered a non-residential use for the purpose of
classifying a project as mixed use, eliminate the lee in lieu of' open space land dedication, and add a
definition for mixed use in Appendix A. Mr. Palaniuk said that the Planning Commission conducted a
public hearing on September 27,2018,and following that hearing and deliberations,the Commission voted
five to two to recommend this amendment be approved. Mayor Higgins asked Councilmember Woodard
to explain his amended motion.
Concerning his amended motion to eliminate the requirement of any open space in all MU zones,
Councilmember Woodard said we are the only community that has any kind of set-aside for open space,
Spokane City and Spokane County do not; and this space isn't there for kids generally; said he realizes if
this amended motion passes it would require Council to hold a public hearing since this amendment is
contrary to the recommendations of the Planning Commission; said he read all the minutes of the Planning
Commission meetings over the eight months this was discussed, and out of the public hearings and
comments,only one person testified; and said he sees that as not being a concern of the public now or likely
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Approved by Council: 12-18-2018
in the future. In response to Councilmember Wick's question, Mr. Palaniuk said if we remove `g' as
suggested,all the open space requirements in the multi-family zone would be eliminated.After he explained
the process, Mayor Higgins invited public comment.
Mr, Arthur Whitten, Government Affairs with Spokane Home Builders Association: said his association
has over 700 member businesses about 200 of which are in Spokane Valley; that mixed use usually has a
mixture of uses; and he sees the open space as a potential barrier, adding that he believes some good came
out of the proposal as he was concerned with the under 10-unit exemption, which he said was put in there
for small scale families; and said he recommends Council approve Mr. Woodard's amended motion.There
were no other public comments.
Council discussion included comment from Councilmember Wick that not many people study open spaces
as they entrust the Council to do that, hence there were not a lot of people testifying; said he believes there
are people concerned with the lack of open space; that the Planning Commission discussed this for eight
months and it was ultimately approved by a five to two vote; said he likes what they did. Deputy Mayor
Haley said after re-reading the information, all the area won't be a family apartment complex, and said
she'd rather not legislative something not needed. Councilmember Peetz said she agreed with
Councilmember Wick; that she has received emails about construction and growth and about wanting to
keep neighborhood integrity and that part of the Valley's identity is open space.Councilmember Wood said
he is against government regulation whenever possible as many times government over-regulates;that it is
a property right and in not in the residential areas, so it doesn't make sense to have the open space.
Councilmember Thompson said she too will vote against the amendment,as Council has to protect citizens
who are asking for more open space. Vote on the motion to amend:In,favor:Mayor Higgins, Deputy Mayor
Haley, and Councilmnembers Woodard and Wood. Opposed: Councihnembers Thompson, Wick and Peetz.
The motion to amend passed. Vote on the fully amended motion to advance Ordinance 18-025 to a second
reading, and to delete the open space requirements in 19.70.050g:In favor: Mayor Higgins, Deputy Mayor
Haley, and Councihnembers Woodard and Wood. Opposed: Councihnembers Thompson, Wick and Peetz.
The amended motion passed. City Attorney Driskell said we will schedule a public hearing between now
and the second ordinance reading, and Mr. Calhoun noted the public hearing and the second reading will
both likely be on the January 8, 2019 meeting, but he will let Council know once that date has been
confirmed.
NON-ACTION ITEMS:
2. Washington Cities Insurance Authority(WCIA)Briefing—Cary Driskell
City Attorney Driskell explained that tonight is an opportunity to receive training on some issues where
there could be potential liability; and he introduced Mr.Andy Cooley, attorney from the law firm Keating,
Bucklin & McCormack, who will provide this training courtesy of WCIA (Washington Cities Insurance
Authority). Via his PowerPoint,Mr. Cooley explained about the relationship between elected officials and
public works especially where road design is concerned. Mr. Cooley said he wanted Council to understand
the important obligation elected officials have to their constituency,as well as the degree of professionalism
and science that goes into public works and traffic engineering.Mr. Cooley talked about some past lawsuits
involving crosswalks; warning signs on the roadway such as pedestrian crossing signs, upcoming school
crossings, and illuminated pedestrian crosswalk signs. He also discussed potential councilmember liability
and gave some relevant case law. Mr. Cooley stressed that engineering is very complicated, despite what
some drivers might believe,that changes after a high profile accident are very risky, and changes based on
"political engineering" are especially dangerous and could result in possible liability; and as final bullet
points,he stressed the importance of elected officials need to understand the important obligation they have
to their constituency, understand the degree of science and professional that goes into public works and
traffic engineering, understand where elected officials and public works can collaborate, and understand
when council can act in a way that is not helpful.
3. Ridgemont Neighborhood, 22nd Avenue—Bill Helbig, Ray Wright, Police Chief Werner.
City Engineer Helbig, along with Police Chief Werner and Senior Engineer Wright, gave some of the
background of the traffic in this neighborhood, specifically along 22"Avenue, as noted in the December
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Approved by Council: 12-18-2018
4,2018 Request for Council Action form;and via the PowerPoint presentation,staff explained further about
the neighborhood, ideas generated from some of the residents based on their concerns of safety, traffic
volume and road design; investigation outcomes of speed and volume studies; City findings, enforcement
efforts, and staff recommendations, which include continue implementing and enforcing the truck
restrictions,and continued monitoring of the area.There was further discussion about some of the findings,
such as there is no accident history, and that a stop sign is not warranted based on the MUTCD(Manual on
Uniform Traffic Control Devices),as the purpose of a stop sign is to assign right-of-way.It was mentioned
that staff is not able to restrict the roadway just to residents, since it is a public road. Chief Werner also
noted that after the truck signs were put in the first part of October,there were four vehicle violations, and
that his department reached out to educate the companies. Councilmember Woodard asked if Council
directed staff to do something other than what the research shows, could that put us at further and greater
risk for lawsuits, and City Attorney Driskell agree, explaining that engineering must dictate what is proper
concerning traffic engineering.
Mayor Higgins called for a ten-minute recess at 7:41 p.m., and he reconvened the meeting at 7:51 p.m.
4. Sullivan Bridge Project Completion Update—Gloria Mantz,Erica Amsden
Ms. Mantz explained some of the background of this project as noted on her Request for Council Action
form; and she and Ms. Amsden went through the PowerPoint discussing the purpose and project schedule,
the change order summary and budget status, and the project successes, including a new bridge with
additional capacity and a 75 year life expectancy, as well as improved river access and viewing platforms.
5. Barker Road Grade Separation Project Update—Gloria Mantz
Ms.Mantz explained the background of this project as noted on her Request for Council. Action form; and
she and Mr. Lochmiller went through the PowerPoint discussing the summary of the financing sources,
major milestones including negotiating the TIGER IX Agreement with the U.S. Department of
Transportation, right-of-way acquisition and the number of property owners and parcels affected, and the
next steps for the project.
6. Pines Road Grade Separation Project Update—Gloria Mantz
Ms. Mantz explained the background of this project as noted on her Request for Council Action form; and
she and Ms. Amsden went through the PowerPoint discussing project location,existing conditions, project
timeline, and the alternative analysis as well as project cost and funding. Councilmember Wick mentioned
some concerns that where brought up at the FMSIB Board meeting and Ms. Mantz said she would get in
contact with the appropriate people to discuss any concerns. Ms. Mantz noted that staff will bring a future
motion to Council to determine either alternate one or two,and once that selection is determined,an analysis
will be conducted to determine whether a round-about or a signal would work best.
7.Advance Agenda—Mayor Higgins
There were no suggested changes to the Advance Agenda.
8. Council Check-in—Mayor Higgins
There were no additional comments from Council.
9. City Manager Comments - Mark Calhoun
Giving a brief history of the amenities for the Appleway Trail Project from University to Pines, City
Manager Calhoun explained about some of the budgeting and the appropriation by the legislators of
$539,000 and that those funds must be spent by June 30,2019. He noted Parks&Recreation Director Stone
has been working hard to get the grant funding underway and design the project; that this past Friday
November 30, there was bid opening for that project, but we had no bidders; hence we now have six and a
half months to use those funds. Mr. Calhoun said staff is working on an alternate plan of managing the
project internally and handling individual pieces in separate projects as an effort to spend all the funds
before the June 30 deadline.
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Approved by Council: 12-18-2018
On a different matter, Mr. Calhoun noted that Liberty Lake City Administrator Katy Allen contacted him
about having a joint meeting with them and Millwood, sometime after the first of the year. Mr. Calhoun
said that no agenda has been set, and he asked Council if they are interested in such a meeting, and if so,
what topics would Council like to include on the agenda. Discussion ensued regarding difficulty in trying
to get all three councils together for a meeting and that there are no suggested agenda topics at this point;
that Liberty Lake and our City would likely have more in common than all three entities; that having all
three councils together would be similar to the County's Council of Governance meetings; that having
several members of each council get together informally might be more beneficial; and that it would be a
collaborative process to continue building camaraderie.By a show of hands,Mayor Higgins,Deputy Mayor
Haley, and Councilmembers Woodard and Wood were not in favor of setting a meeting, while
Councilmembers Peetz, Wick and Thompson indicated they would like to set a meeting. Councilmember
Woodard suggested Mr. Calhoun might ask Ms. Allen if she has any topics in mind, and if there are, that
he might consider such a meeting. Mr. Calhoun said he would contact Ms. Allen to let her know that if
there are specific items, our Council might consider such a meeting, but the consensus is a preference to
have less than a quorum of our Councilmembers get together with less of a quorum of their
Councilmembers.
10. Executive Session: Land Acquisition [RCW 42.30.110(1)(b)1
It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn into executive session
for approximately thirty minutes to discuss land acquisition, and that no action would be taken upon return
to open session. Council adjourned into executive session at 8:43 p.m. At approximately 9:12 p.m., Mayor
Higgins declared Council out of executive session, at which time it was moved by Deputy Mayor Haley,
seconded and unanimously agreed to adjourn.
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Christine Bainbridge, City Clerk
Council Study Session: 12-04-2018 Page 4 of 4
Approved by Council: 12-18-2018