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2010, 04-06 Study Session MinutesMINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington April 6, 2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, Acting City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Cary Driskell, Deputy City Attorney Brenda Grassel, Councilmember Ken Thompson, Finance Director Neil Kersten, Public Works Director Absent: Greg McCormick, Planning Manager Bill Gothmann, Councilmember John Whitehead, Human Resources Manager Bob McCaslin, Councilmember Morgan Koudelka, Sr. Administrative Analyst Mike Stone, Parks & Recreation Director Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6 p.m. and welcomed everyone to the meeting. Chief VanLeuven introduced Matt Lyons with the Sheriff's Office, newly appointed Precinct Commander for the Spokane Valley Police Department, and said that he has worked for the Sherff's Office for about seventeen years and has been promoted through the majority of the ranks; and said he appreciates having him as the Precinct Commander. Council welcomed and greeted Commander Lyons. 1. Spokane Valley Arts Council Update — Dr. James Harken Dr. Harken extended greetings from the Arts Council and gave a brief history of the formation of the Spokane Valley Arts Council; he said their council incorporated as a 5010 within three or four months of this City's incorporation; they began as a group of seven people interested in the arts, they met in homes for a few months and discussed ways to bring the arts to this area. He explained that the group initially met at the Chamber of Commerce office, then eventually formed its by -laws and articles of incorporation; he said that Norma Ventrus was of great assistance in that regard; and once the Council was formed, Valleyfest innovator Peggy Doering asked them about including arts in the Valleyfest. Dr. Harken said he has many art contacts in the area and throughout the nation, and within a short time put together an arts show and actually turned a profit the first year; he said they refined their system over the years and turned a profit each year; and that one of the results is the "Walking the Line" sculpture next to Discovery Place, and he acknowledged the assistance also of then Parks and Recreation Director Mike Jackson as well as current Parks and Recreation Director Mike Stone. Dr. Harken said they were asked to fill the showcases at CenterPlace, and did so with the involvement of the schools, local artists, community colleges, and with items from Dr. Harken's collection, which he said were not for sale. He said the entire exhibit changes every three months and that over the years, they have never had the same piece exhibited twice. Dr. Harken said they now have a new sculpture entitled "Harvest Time on the Big Missouri" which is also called "Berry Picker" and "The Berry Girl" by artist Nancy McLaughlin. Dr. Harken said the artist passed away in 1985, but with the family's permission, Dr. Harken purchased the copyright and received approval to have an eight -foot version of the statute completed, and to have several twelve -inch versions Council Meeting Minutes: 4 -06 -2010 Page I of 7 Approved by Council: 04 -27 -2010 made, each selling for $1575, complete with plates and numbers, to use those funds to help pay for the large sculpture. Dr. Harken said they are working with schools and talking about putting "teachers in residence" as school art departments have been deleted over the years; he said they are still in the talking stage and he will keep council posted; and he mentioned the Arts Council supports all the arts, including the local annual dance fest. Several councilmembers remarked on the great works of art in CenterPlace, and of the wonderful sculpture planned and already in place in CenterPlace; and Dr. Harken was thanked for his and his Council's work and dedication to the arts. 2. Collaborative Planning, Boundary Review Board — Susan Winchell Brett Sheckler Boundary Review Board Director Susan Winchell and Berk & Associates Consultant Brett Sheckler discussed the December 2009 "Collaborative Planning Implementation in Spokane County's Metro Urban Growth Area" (UGA) report; Ms. Winchell said they also briefly met with the Mayor this morning; she said that the Boundary Review Board (BRB) handled city annexations; that they eventually were awarded a grant connected with cities interested in influencing land use within the UGA, and that cities wanted influence so when developments occurred in adjacent boundaries, cities would be contacted; she said the County didn't want to relinquish some areas to cities until they could get on a stronger financial footing. She said during the summer of 2008, they met with various Councils and Planning Commissions and different ideas were proposed for development regulations; she said the County directed their staff to make changes like eliminating private roads adjacent to cities thereby increasing the relationship between the subdivision and the roads between the County and the cities, and making the County more in line with what cities had, and giving cities earlier notice about upcoming developments. Mr. Sheckler then went through his PowerPoint presentation, and explained that they are looking for "win -win" solutions to local and regional challenges; he said most counties are under severe stress by two interwoven challenges: heavy reliance on property taxes with an eroding revenue stream, and city annexations which work against the county's financial interest; he said Spokane Valley and Liberty Lake incorporations put Spokane County in an unprecedented position, and he said given these challenges, it is not surprising to see interjurisdictional friction, thus the need for collaborative planning. He explained about the goals of collaborative planning to give cities mechanisms to influence development in adjacent UGAs, and to provide the County with a fiscally sustainable service delivery/revenue structure. He spoke of Spokane County's main source of regional revenues eroding, he asked what are the revenue options, and what direction does the County want to pursue, adding that cities have decisions about how and under what circumstances they will play a role in assisting the County to achieve a stronger fiscal footing. Mr. Sheckler said the next phase includes exploration of revenue /service options; and to hold a series of meetings with stakeholders to discuss the various options, to draft a white paper outlining the issues and options, and then final presentation of alternatives; and said his goal is to engage with policy makers and pull together a strategy which will be acceptable to all. Mayor Towey acknowledged and welcomed Commissioner Todd Mielke to the meeting. Ms. Winchell said the next steps are to build development strategies for fiscal sustainability for the County, and said cities will be involved and be part of the solution; that they will need a technical investigation of the options and will talk with cities about ideas and processes and goals in developing such a strategy; then the idea is to come up with something everyone can agree with, which process she said will necessitate many meetings. Mr. Sheckler said the first steps are to make sure cities weigh -in and come to some level of comfort on what cities believe is in the best interests of the County as a region; and said possibly to seek a new taxing effort for the County like a utility taxing authority for the unincorporated area, and said that idea has had some traction in Olympia but has not passed yet; and said it is possible to have a county and City joint effort to push that forward to give the county some tools to start to tackle the issue of local services. 3. Snow Operations/Maintenance Facility — Neil Kersten Public Works Director Kersten said that this past winter was one of the lowest snow years ever, and said that this topic was discussed at the February retreat concerning options on how to proceed. Mr. Kersten Council Meeting Minutes: 4 -06 -2010 Page 2 of 7 Approved by Council: 04 -27 -2010 explained the three options briefly, said that Council had indicated a preference to pursue option #1, and that now he would like to discuss that option in greater detail; and to determine if there is consensus afterwards to move ahead; adding that although this would come under the authority of the city manager, because of the complexities of the issue, he said he would bring this back for final council approval. Mr. Kersten explained that option one is to continue with the current plan with minor changes; to hire one additional full -time mechanic /operator; monitor future years to see if additional full -time or part- -time staff are needed, to purchase the Waste Management facility currently leased to us, and to purchase one additional surplus WSDOT (Washington State Department of Transportation) truck/plow /sander and one new truck/plow /sander in 2010. Concerning the contractor, Mr. Kersten said he plans to get that contract in early fall and said he has the funds available for this effort, and said that developing a request for proposals for the operations contract is a three to four month process. Regarding the currently leased Waste Management property, Mr. Kersten said the size is 1.6 acres and zoned Corridor Mixed Use; it contains an employee office with a break room and storage area of over 2,400 square feet; he said it includes a break room and lockers, was built in 1955 and is in fair condition. Mr. Kersten said the shop building is over 2,400 square feet, was built in 1972 and is in poor condition and will need some repair in the near future; it has three large bays to handle the snow plow trucks, but has holes in the siding and about 50% of the installation has fallen off the walls; the mechanical system is marginal but said he does not see it as a large effort to bring it up to standards; and said Council may want to consider exempting that facility from the city zoning requirements in order to give the freedom to do what is needed for a maintenance operation; he said this is a very unique operation and he showed a map of the area. Mr. Kersten said the appraised value of the lot is $530,000, that it was appraised last summer and the appraiser feels the value will not change significantly; and Mr. Kersten said the site will be used for street maintenance and stormwater, so each fund could pay for half of the expense, and said there are adequate funds to handle that. Mr. Kersten discussed hiring one full -time mechanic /operator, said that the new position would be jointly funded by the Street and Stormwater Funds; and said the stormwater program needs additional help for sweeping and vactoring work during the summer; and that the private snow operations contract could be reduced to reflect the increase in cost for the position during the winter months. Mr. Kersten also discussed the purchase of one new truck/plow. /sander at an estimated cost of $200,000; and the purchase of one new loader /backhoe, which would be used for loading deicer in the winter and storm water work in the summer at an approximate purchase cost of $90,000; and said with the low snow year, there should be sufficient funds to purchase that equipment within the approved 2010 budget. Mr. Kersten explained about his current staff structure of two: one for stormwater and one for streets; and said there is a lot of work to keep another person busy to manage sweeping and repairs. He further explained that he would like to begin the process to purchase the new truck, as even with the light snow last winter, trucks break down and blades brake or other systems become a problem and if we have a harsh winter, it will be even more critical; and said there are funds available to make these purchases without use of the reserves; adding that it will take some time to purchase and if council concurs, he would like to move ahead. Discussion included the suggestion to have councilmembers tour the current facility, and Mr. Kersten said councilmembers can contact him to make those arrangements. The current lease was also discussed and Mr. Kersten explained that the lease is a monthly lease; that the owners would not give us the option to buy and said they were not excited to rent the facility as they prefer to sell it; and it is currently on the market for sale; and if the property sold, they would give us ninety day's notice to vacate. Mr. Kersten said if he were looking around the area for a site to purchase, this would not be the ideal site, but said the size is adequate, and the location is optimal as it is in the middle of the city, which makes it more efficient when it comes to trucks coming back to refuel and add ice slicer, as opposed to driving another twenty or thirty minutes to the industrial area or the north side of town; and said the site also has great access to Sprague and Pines, and said we won't find another site in the city center, and said the price is a good Council Meeting Minutes: 4 -06 -2010 Page 3 of 7 Approved by Council: 04 -27 -2010 price as well. [ Editor's Note: After this meeting, Public Works Director Kersten checked the lease and discovered it contains a 12 -month notice of termination by either party with an end date of the lease no later than September 8, 2012. J Deputy Mayor Schimmels said he could agree with most everything, and said the purchase of the building is very important, and would concur on the zoning point and move forward. Mr. Kersten said he feels we could get a firm price with Waste Management, and that he can get more details on the zoning, adding that he felt it would not be critical for self - exemption now concerning the zoning, but would be something to consider in the future. Councilmember Grafos suggested Mr. Kersten look at the larger Waste Management office property closer to Pines as that could accommodate more staff; and Mr. Kersten explained that the proposed site could handle fifteen to twenty people and that would be for the truck operators, etc., as the stormwater engineers' offices are located on the third floor of City Hall and they would not move, so there would not be a need for greater office space. Councilmember Grafos said he is not in favor of jumping into a purchase at this time, and said that proposed site is into residential and he has a problem with putting that site in the middle of that and he asked Mr. Kersten if we had ever had any violations of storing chemicals, and Mr. Kersten replied that we adhere to the regulations and have had no violations. Councilmember Grassel agreed with Mr. Grafos' concern to purchase, and said perhaps we could get a commercial realtor to look for a couple weeks or months to see if there are other possibilities so Council can confirm with taxpayers that we examined all the options; and she said that sometimes there are greater savings in purchasing something new versus purchasing an existing building. Mr. Jackson said staff can develop a plan to expand the search and meanwhile keep an eye on this building; and Mr. Kersten confirmed that they did some searching, but not extensively, and can initiate that work. Councilmember Dempsey expressed concern with sitting back and looking around, particularly when this property "fell into our lap at a time of desperate need" and said there is always the possibility of losing that property if we wait too long. Mr. Kersten said staff can discuss price with waste management and pursue that option simultaneously with getting a commercial realtor to research other possibilities; and Council concurred. Mayor Towey said he realizes timing is critical but if we can study other options, he has no objections. Councilmember Grafos reiterated that he is not in favor of jumping into this and said there is a lot of available property around and suggested looking at other properties for lease; and he suggested staff look at preparing an RFP (request for proposal) to see what we could get from local contractors. Mr. Kersten said it takes quite some time to prepare the RFP and if this moves us back too far into the calendar year, we may have to continue the emergency contract with Poe through next winter; he said decisions don't have to be made tonight, but a decision to move ahead lets him start to develop an RFP, adding that this is a life safety issue when it snows; and said he can start on the RFP and get Council approval prior to advertising. There was no Council objection. Regarding hiring the mechanic /operator, Mr. Kersten said he would like to hire late in the fall, and Mr. Jackson added that we currently do not have such position classification and that would require staff to come back to Council with a job description; and if Council concurs, Human Resources can start working on that job description. There was no objection from Council. Regarding purchasing one new truck, Mr. Kersten explained that he would need to contact WSDOT now in order to determine the time for buying and deliver so that such could be ready by the end of October; and asked if he could proceed forward and bring that back for approval of the actual purchase. Council concurred. Mr. Kersten said our current trucks could last another four or five years and he would like to start to replace one truck about every other year; and he asked about the purchase of the backhoe /loader. Deputy Mayor Schimmels said he hates to see more equipment and more employees, but if we need something, we can either rent or buy; and with the stormwater situation, we could get ten to fifteen years from a backhoe, and said he has no objection and recommends moving forward with that purchase. Mr. Kersten said that although that is within the purchasing authority of the City Manager, he will bring that back for council approval. Mayor Towey called for a brief recess at 7:38 p.m. and reconvened the meeting at 7:48 p.m. Council Meeting Minutes: 4 -06 -2010 Page 4 of 7 Approved by Council: 04 -27 -2010 4. Commute Trip Reduction (CTR) Plan — Morgan Koudelka Senior Administrative Analyst Koudelka and Transportation Manager Ms. Aurora Crooks of Spokane County's CTR Office, gave an update on the Commute Trip Reduction Plan; Mr. Koudelka explained that under the CTR Efficiency Act, entities are required to develop a new CTR plan and establish program goals and targets for their jurisdictions; and that the plan must be consistent with the entity's Comprehensive Plan, although it does not require a Comp Plan amendment; that the process for this Plan is to present the information to Council, then it will be taken to the SRTC (Spokane Regional Transportation Committee) and the State CTR Board, and after both approve the plan, then a model ordinance is developed and distributed to the various jurisdictions; and he said a summary of that plan was previously presented and that he and Ms. Crooks are working with legal assistance to provide some additional language. Ms. Crooks thanked Mr. Koudelka for his work; she explained that the 2006 Efficient Act moves slowly as it takes time and effort to move something like this state -wide; she mentioned that she has been appointed to the Governor's State CTR Board so she can bring information to member jurisdictions and keep them informed of challenges; she explained that Spokane County passed an ordinance last April; that this is a big process and is a collaborative process, and she explained that Spokane County's ordinance looks much the same as the model ordinance; and the goal is to have jurisdictions mirror each other in order to make the plan consistent. Ms,. Crooks said that CTR is here to give people choices, and employers see that it benefits companies and employees; that the plan is mandatory and there are penalties for those who do not implement a plan; that there are seventeen employers in the area and a baseline measurement against goals was conducted in 2007 and will be done again two to three years later, and said that April 2011 will be a goal attainment year to work for that 13% reduction of drive -alone trips. Ms. Crooks said the success of the entities is measured by the information gained in the survey, which is conducted by the Department of Transportation; the survey contains eleven questions about employees' work hours and commutes, like driving one way, etc., and the measurement is taken again two years later. Ms. Crooks also stated that they work collaboratively with STA (Spokane Transit Authority), and that although Spokane Valley has less than the required 100 full time employees, Spokane Valley is a participant; and said Spokane Valley is compliant and has made some progress; that Chris Thompson is Spokane Valley's Employee Transportation Coordinator and is doing a wonderful job and they work closely to promote the programs; and one of the issues in Spokane Valley's favor is in examining the compressed work week schedule. In closing, Ms. Crooks mentioned that the Davenport Hotel has donated the use of one of their major rooms for this year's "Way to Go" awards, which last year's function was attended by approximately 250 people, including Mayors, Councilmembers, and State Representatives and said this is a great opportunity to reward and recognize employers. 5. Transportation Benefit District (TBD) — Cary Driskell Deputy City Attorney Driskell went through his PowerPoint giving further information on the topic of Transportation Benefit Districts by explaining such a district would be a quasi- municipal corporation, would be an independent taxing district, and can be formed by a city, a county, or combination via an interlocal agreement; and said that new legislation (Senate Bill 6774) would allow a third type of board comprised of members of the local metropolitan planning (MPO), which for us is the SRTC, and under that scenario, we would have one member. Mr. Driskell said that the process includes holding a public hearing, followed by adoption of an ordinance which would include a description of the district's boundary, a statement that it is in the public interest, description of the improvements to be done, and a statement of proposed taxes, fees, or charges to impose. Further, Mr. Driskell explained that once formed, should a major change be proposed, it would require another public hearing if the anticipated cost would exceed the original cost by more than 20 %; he explained the selection criteria for projects, and that TBD funds can be used for capital projects or programs including maintenance or preservation of existing street system, but must be identified in the Metropolitan Transportation Plan. Concerning funding options with voter approval, Mr. Driskell said once a fee or tax is set by voters, it cannot be increased without additional voter approval; and he mentioned the option of a vehicle tab fee has a maximum Council Meeting Minutes: 4 -06 -2010 Page S of 7 Approved by Council: 04 -27 -2010 annual amount of $100, and that those funds are not available for use until six months after approval of the TBD; and said if the tab fee exceeds $20 for multi jurisdictional district, 60% of the cities representing 75% of the incorporated population must approve it; and said that the City of Spokane Valley represents 27.1% of the incorporated population. For funding options without voter approval, Mr. Driskell said the two options include an annual car tab fee up to $20.00, or transportation impact fees on commercial and industrial buildings, excluding residential buildings. It was confirmed by Commissioner Mielke that these funds could only be used locally for local projects; and there was some discussion concerning a draft interlocal, but Mr. Driskell said tonight's discussion is not on the interlocal as he feels that needs to be discussed separately. Councilmember Grassel said she realizes that it is government's role to provide public safety and infrastructure, and asked why property taxes and gas taxes do not appear to cover the basics. Commissioner Mielke explained that except for the last year and a half, inflation has climbed 30 -40% for commodities like asphalt and concrete, and property taxes cannot increase more than 1% per year, which means anything beyond that 1% inflation has to be absorbed with existing revenues; he said cities and counties have different budgeting process; that the County has a general property tax and a dedicated funding source called a road fund which includes the gas tax from the state, and said it doesn't compete with anything else which lends to pressure to keep up with inflation and pave all those non -paved roads; and that cities have one line item for property tax and competition for that revenue is from all different angles: from patching a road and fixing a pothole, to funding a special detective; and said that government usually runs out of money accomplishing those two things of providing infrastructure and keeping people safe. 6. Comprehensive Plan Update — Greg McCormick Planning Manager McCormick explained that the Growth Management Act allows local jurisdictions to update comprehensive plans no more than once a year; that council previously heard a report on the proposed amendments, and those items are set for a first and second ordinance reading this month; he said the cut -off date for amendments in 2011 is this November 1 and said staff typically advertises that on a board -based community -wide level to let people know about the deadline; and said staff also runs a couple campaigns in August and September; and he added that the review of the Sprague /Appleway Revitalization Plan is also scheduled on that docket; and said any additional amendments that Council wishes to include in the 2011 update must be included in the docket prior to the November 1 deadline. There were no suggested additions from Council. 7. Advance Agenda — Mayor Towey Deputy Mayor Schimmels reminded councilmembers to keep Administrative Assistant Sue Passmore informed of all meetings and events that Councilmembers plan to attend, so that staff can publish notice when needed to keep in line with the Open Public Meeting Act; and Mayor Towey also mentioned the importance of councilmembers keeping staff notified in that regard. Councilmember Dempsey thanked Public Information Officer Branch for her work on the "Hot Topics" newsletter and said the information is appreciated. Mayor Towey said that Governmental Affairs Consultant Taylor has contacted Mr. Jackson and asked about giving a presentation on the current Olympia legislative session and perhaps on upcoming legislation as well, and he asked for Council comments concerning adding that to the advance agenda. There was no objection. Councilmember Grassel asked about the shoreline master plan report and mentioned that the consultant we are using works very closely with the Department of Energy, and she asked about getting a second opinion from another consultant or have another outsider review that. Mr. Jackson said he will explore that with staff and report back to council, and that it is not included in the current plan's cost. Council also concurred with Mr. Jackson's suggestion of having the TBD set for a future agenda, as well as collaborative planning as per the Boundary Review Board report. 8. City Manager Recruitment: This item was for information only and was not reported or discussed. Council Meeting Minutes: 4 -06 -2010 Page 6 of 7 Approved by Council: 04 -27 -2010 9. Council Check -in — Mayor Towey Mayor Towey reported on the results thus far for the return of Census information; that the national return average is 62 %, and both the City of Spokane and the City of Spokane Valley have a 66% return rate. 10. Ci , Manager Comments — Mike Jackson City Manager Jackson mentioned that Spokane Valley applied for FEMA funds as a result of the 2008 and 2009 snowstorms, and reported that we were reimbursed a total of $92,155 from FEMA for some damage done to CenterPlace and to the Valley Precinct. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to excuse Councilmembers Gothmann and McCaslin from tonight's meeting. EXECUTIVE SESSION It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into Executive Session for approximately thirty minutes to discuss pending litigation and property acquisition, and that no action is anticipated thereafter. Council adjourned into executive session at approximately 8:59 p.m. At 9:26 p.m., Mayor Towey declared Council out of Executive Session; and it was then moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:26 p.m. A' �I /;" r / Bainbridge, City Clerk Thomas E. Towey, Mayor Council Meeting Minutes: 4 -06 -2010 Page 7 of 7 Approved by Council: 04 -27 -2010