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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 Council Study Session: 12-04-2018 Page 1 of 4 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 Council Study Session: 12-04-2018 Page 2 of 4 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. Council Study Session: 12-04-2018 Page 3 of 4 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. I (1' rdiff' aindif ATTEST: L.R. Higgins,`Mt.a � K:- (-- kiki 1.4 Christine Bainbridge, City Clerk Council Study Session: 12-04-2018 Page 4 of 4 Approved by Council: 12-18-2018