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2010, 05-25 Regular Meeting MinutesMINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, May 25, 2010 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey, Mayor Mike Jackson, Acting City Manager Gary Schimmels, Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Neil Kersten, Public Works Director Dean Grafos, Councilmember Greg McCormick, Planning Manager Brenda Grassel, Councilmember Steve Worley, Senior Engineer Carolbelle Branch, Public Information Officer Absent: Chris Bainbridge, City Clerk Bob McCaslin, Councilmember INVOCATION: Pastor David Thorin, retired Chaplain, gave the invocation. PLEDGE OF ALLEGIANCE: A member of Boy Scout Troop 400 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present except Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed to excuse Councilmember McCaslin. APPROVAL OF AMENDED AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported that he attended "Navy Week" where a Navy admiral spoke about the Navy's helping role in Iraq; went to the Greenacres Park Open House, which he said was well attended; attended the Discovery Park Open House and said it was a tremendous event with people from all over; met with the Housing and Community Development Advisory Committee where projects for low income housing were discussed; attended the leadership prayer breakfast with the former President of Whitworth University; attended the "2163" meeting concerning funds for the homeless; attended the Board of Health executive meeting and said within the next month or so the Health Department will have an emphasis on helmets, and said perhaps this is an opportunity for this council to consider helmet regulations and he suggested inviting Health Department Director Dr. Joe McCullough to visit our council meeting and give a presentation on the Board's future plans; he attended the Chamber of Commerce breakfast; also attended a 911 Board meeting where they discussed penalties for making harassing phone calls to 911, and the release of phone numbers of people who ask that they be notified in case of a catastrophe. Councilmember Dempsey reported that she attended the SVBA (Spokane Valley Business Association) meeting; the Discovery Park open house; the Leadership Breakfast where the speaker discussed the need to work together instead of against each other, attended last week's discussion here on the zoning of the Council Regular Meeting 5 -25 -2010 Page 1 of 8 Approved by Council: 06 -08 -2010 Gateway Avenue and Gateway Commercial areas and said staff gave a good presentation and there were lots of questions and discussion. Councilmember Grafos: said he attended the Discovery Playground grand opening; the Greenacres Park events; and the STA (Spokane Transit Authority) monthly meeting where they discussed sales tax revenues, and that the first four months of the year Spokane County's revenues are down about 3.5 %, Spokane city's revenues are down about 1 %; and Spokane Valley's are down about 5 %; and said this is an issue to be addressed by the council at the July budget retreat as 53% of the City's revenues come from sales tax. Deputy Mayor Schimmels said he attended the Discovery Park opening; the SRTC (Spokane Regional Transportation Council) meeting and committee meeting along with the STA Board, and said there was a Sprague /Appleway meeting here last Thursday but he was unable to attend as he was attending a Solid Waste meeting where they discussed the burn plant and the bonds getting paid off the end of next year. Councilmember Grassel: said she also attended the Chamber of Commerce sponsored Navy breakfast; went to the Discovery Park opening and gave congratulations to Mike Stone for a wonderful park; attended the prayer leadership breakfast and said they had a good turnout; and went to the Spokane Valley meeting for citizens last week concerning the Gateway zones, and said there was a great turnout and lots of good input. MAYOR'S REPORT: Mayor Towey said he went to the Discovery Playground opening; he ran the Windermere half - marathon which started at the playground and he noticed there were lots of children using the playground; attended the Spokane Valley Gateway zoning meeting; attended the Camp Fire WoHeLo Awards where two of our Valley teams were awarded the WoHeLo badge, which is the highest badge obtainable. PUBLIC COMMENTS: Mayor Towey invited general public comments. Jack Riley, of Plantation Restaurant on Vista and Sprague said there are a lot of businesses on the one - way couplet that have for -sale or for -lease signs; he said property values are going down, sales tax is going down and he mentioned First Choice Auto Sales relocated to the north side; he said jobs are being lost and all very concerned and property values are depreciating; he said the people who live here will move out and go to where they can find employment; he suggested the revitalization plan doesn't seem to be working; and said Sprague needs to be turned back to a two -way street; he said if it continues, there will only be a few big businesses and the rest vacant land; and said when we can't collect taxes from businesses, it will revert back to the homeowners and said saving on the one -way street doesn't seem to be worth it. Joseph Edwards, 16104 East Rich Ave: regarding traffic at Trent and Lillian, he said he can't do anything with the state and he'd appreciate Council trying to get a left turn going east to turn left on Lillian; said there have been several wrecks and rear -end collisions and he was almost involved in one himself; he said the City of Spokane Valley should be divided into districts for the council members and said on his street, Rich Avenue, there is no representation from Council members in that area and suggested the city be divided into districts so people have a choice. Dr. Hinkle, 11916 East Sprague Avenue: read his prepared written comments: "To Spokane Valley Police Department. Please, answer the following questions. Police Officer: B. Hert. 1. In what year did bicycle helmets become mandatory? Answer: In the city of Spokane Valley, bicycle helmets are NOT REQUIRED. 2. In the year 2009 how many bicyclists were given a citation for not wearing a helmet? *Answer: ZERO, NONE. 3. In 2009 how many bicyclists were given a traffic Council Regular Meeting 5 -25 -2010 Page 2 of 8 Approved by Council: 06 -08 -2010 citation for riding on the sidewalk? *Answer: None. It is NOT against the law to ride a bicycle on the sidewalk. 4. In 2009 how many bicyclists were given a traffic citation for riding at night with NO lights on their bicycle? *Answer: He doesn't know. He referred me to the window of the Spokane County court that handled citations for the Spokane Valley city. They did not know & referred me to the county court clerk downtown. He called me back the next day & said he could not find any RCW's on this because the legislature does not group all bicycle codes together. He did say he found an RCW where you are not SUPPOSE TO RIDE YOUR BICYCLE ON THE SIDEWALK. So I asked him how many citations were written for this infraction in 2009. He could not give me an answer. *So on the city council meeting of meeting of 11 May 2010, council woman Dempsey said, it is against the law to ride your bike on the sidewalk? End of discussion, do the Pines to Park Street Project. Whoa, not so fast council woman Dempsey. I challenge you to tell us who told you that it was against the law to ride a bike on the sidewalk? ALSO, tell us how many citations were given in 2009 for this infraction ?" Councilmember Dempsey responded and said that Spokane Valley Police Chief Rick VanLeuven told her it was illegal to ride a bike on the sidewalk. Dr. Hinkle continued: "IT IS AN ARCANE LAW which IS NOT ENFORCED. I have lived in the Spokane Valley over 40 years and I have asked citizens who have lived here over 70 years. NO ONE knows of anyone being cited for riding a bike on the sidewalk! So I stand by my statement that it is safer to bike ride on the sidewalk or on the CENTENNIAL TRAIL than in bike lanes. Also, I have given the council the REAL WORLD DATA from the WSDOT SHOWING for the last five years about 104 bicyclists are injured every year from car /bicycle collisions. Also, there is about one bicycle fatality each year in the county, which includes the Spokane Valley. *IN CONCLUSION FROM PINES ROAD TO PARK ROAD on Broadway according to my odometer the distance is 2.95 miles. I have driven the complete distance four times in the last week to inspect what the project is about. I met with Mr. Ken Knudsen today & I ask him what the city is getting for nearly a million dollars? He could not answer all my questions & he promised to get back to me with the information. The exact project cost is $933,000.00. State grant $746,400.00 = 80 %. Spokane Valley's $186,600.00 = 20 %. I said that is a lot of money to restripe the street. Mr. Knudsen said it is included. Some sidewalk work to be ADA compliant. He also said if there is any traffic signal work that it would be expensive. He said that he thought one traffic signal did not respond to PEDESTRIANS PUSHING the button to CROSS the street From my inspections & measuring the sidewalks: they are 95% in good to excellent shape, some are new. They are 4 feet or wider & some are new. Four feet is the width of the sidewalks on Broadway from Evergreen to Sullivan, so I assumed they must be compliant because there is the latest 4 lane to two lane project. Now Mr. Knudsen did say, if there are any utility poles & the sidewalk is not wide enough, that the poles would have to be relocated but the utility companies would be responsible to do this and it was not an expense to the nearly million dollars project. Again from my inspection, there are very few utility poles on the North side of Broadway avenue between Park and Pines which are in the sidewalk. On the South side of Broadway avenue there are a number of poles in some stretches, but the sidewalks are in good to excellent condition, and so are most of the utility poles. This would mean perfectly good sidewalks would be dug up & replaced. Foot traffic & bicycles can negotiate the sidewalks just as they are. For wheelchairs, the North side of Broadway will allow safe travel. During the six months of the year that a wheel chair might use the sidewalk is this worth a million dollars to redo the South side, sidewalks on Broadway avenue? In my humble opinion, there are a lot more urgent ways to spend the money. There are some minor repairs that need to be correctly done. HOT ASPHALT patching at the intersections on Broadway at Argonne & Mullen. This was not included in the road project. I also suggested to Mr. Knudsen that in years to come a concrete intersection would be useful & give longevity. He agreed & said it is in the future plans." Jean Repp, South 3120 Raymond Circle: said she has property on Sprague and Appleway and that she wasn't aware until way too late to come to the morning meeting; and said she was disappointed at missing Council Regular Meeting 5 -25 -2010 Page 3 of 8 Approved by Council: 06 -08 -2010 that; said it seems a lot of decisions were made about her property; said the last time she was here she was fighting to get a zoning change on her property and finally got B2 and said the rest has been B3 for years; that they have owned it for 62 years and all of a sudden she is hearing she has limited access to her property, and she asked why would she be limited on what she can do on her property; and she asked how does she get those answers. City Manager Jackson said a member of staff will contact her. Ms. Repp also said she wanted to know why her zoning was changed without her knowledge. Councilmember Grassel mentioned that we are still taking further comment for that particular zone and the meeting wasn't to make a decision but to gather input, and said no decision has been made yet; and City Attorney Connelly added that there will be a series of public meetings and people will have opportunity to address council, and there is plenty of time and opportunity to be heard. Dick Behm 9405 E Sprague: Mr. Behm read the following prepared written statement: "Broadway. At the last Council Meeting 4 people testified, 3 against and 1 for the improvements to Broadway, none of these folks live on Broadway. I have lived and worked 60 years in Dishman. For over 20 years I worked as a home delivery MILK MAN. The very worst area I had to deliver to was Broadway Ave. You can not pull into a driveway to deliver because then you would have to back out onto a very busy arterial. Illegal and also very scary because of the limited visibility when driving a truck. The safety problems that have existed on Broadway for over 60 years. (1) sidewalk right up to the curb. (2) utility poles right at the curb. (3) street drains (drywells) along curb create hazard to cars traveling in outside lanes. (4) residents on Broadway backing onto an arterial. (5) delivery to residents along Broadway. Home delivery of any type, including UPS, FedX, Mailman must park in the street, creating a hazard to themselves and traffic. There was some question about spending tax payer money on this safety project? Where do these funds come from? The Council should realize that the grant funds come from the gas tax. This money goes in a big, big pot in Olympia where it is allocated out to approved deserving projects throughout the State. To receive a grant for a project means we are getting our tax money back To make improvements to our City. To not receive or turn down a grant means our tax dollars are still going to be spent, only someone else will spend them, Seattle or King County. Etc., etc. The point being that as most of these funds already go to the west side of the State we should never miss the opportunity to get our tax dollars back for the improvements to our City. Staff should be congratulated in their success in receiving these grants. The money for the matching funds does not come from the City General Fund it comes from the Real Estate Excise Tax and is earmarked for this purpose. It does not have any relationship to a possible deficit in the General Fund. For the safety of our citizens, pedestrians, bicyclists and auto drivers I ask that you move forward with the Broadway Project." Mr. Behm added that in response to Mr. Hinkle, when Mr. Behm was pulling out of his driveway a kid rode by on the sidewalk and hit Dick's car, and the kid was thrown off the bike and it was learned the bike didn't have any brakes; and the kid didn't get a ticket as a police officer is not going to ticket a twelve -year old riding a bike on the sidewalk; he said riding a bike on the sidewalk is illegal and it should be noted in the newspaper; adding that when there is a bike lane, there is no excuse for riding a bike on the sidewalk. Diane Munger, 3409 N Wellington Place, Spokane, 99205: said she resides on the northwest side of town and is here representing some property on East Sprague and Appleway; said that there were several meetings last week regarding zoning studies and the recent newspaper articles were confusing regarding those studies; she said she called City Hall and searched the Internet and found nothing about the scheduling of those meetings, nor the results of the meetings nor an agenda; and she asked how the results were determined and said she can't find any answers; she said the newspaper articles have been inconclusive and not very complimentary regarding council; and said the point is that notices may be very inadequate and said that perhaps there is a better way to let citizens know what's happening. With Mayor Towey's permission, City Clerk Bainbridge read the following two additional public comments, which she explained she received via email with the request that she read them at tonight's meeting: Council Regular Meeting 5 -25 -2010 Page 4 of 8 Approved by Council: 06 -08 -2010 (1) "To City of Spokane Valley Council, from Bob Glaza, 16321 E Valleyway, 99037, Regarding Broadway -Pines to Park safety Project. Please read during open comment period of May 25, 2010 City Council session, if possible. I am unable to attend. A few years back, the City decided to restripe Broadway from Sullivan to Pines. Broadway changed from a frantic four lanes to a much quieter — and safer — two lanes with a turning lane in the middle. At the same time, bike lanes were striped in each direction. While I drive an automobile for most trips greater than 20 miles, I use a bicycle and am a daily "neighborhood" walker. I noticed the traffic slow down almost overnight. Admittedly, I am sensitive to speeders as I live on the current alternate route for improvements at Sullivan/Broadway and Sullivan/Sprague. Any slowing of traffic speeds is a good thing in my opinion. Earlier this spring, I read in my Hot Topics newsletter (thanks for sending to citizens, by the way) that Broadway from Pines to Park was scheduled to receive the same treatment. I was thrilled. Particularly exciting was the grant that will pay for 80% of the project. That means my 20% in taxes goes four times as far? Where else do you find somebody kicking in 75 cents for every quarter you spend? Next I read the Council was about to cancel the Broadway — Pines to Park Safety project. Now I read the Council wants to delay the project. I'm having a difficult time understanding the reasoning and the hesitation. The project enhances safety around four schools — N Pines Jr. High, Broadway Elementary, Ness Elementary and Centennial Middle School — by slowing traffic and easing congestion. The project will make it easier for homeowners to enter and exit their driveways. The project will extend the route of cyclists and pedestrians nearly to the I- 90 exchange. Following this summer's project on the Broadway — Conklin to Flora Improvement, that means the City of Spokane Valley will have a near complete bikeway from Flora to Park. The project signals to our surrounding communities — Spokane and Liberty Lake — that the City of Spokane Valley is a partner in working toward a more environmentally aware region. The project is essentially paid for with a grant covering 80% of the cost. It's time to ask the Council if it wants to be known as the group that helped the City of Spokane Valley toward a more sustainable future. Or do we continue to postpone and delay? I'm asking for no delay on this project. Sincerely — Bob Glaza, Spokane Valley, WA 99037" (2) "Chris could you please read this during the public testimony portion of the City Council meeting: The American flag represents many things to many people and its treatment and presentation can evoke many forms of passion. Yesterday when Mike Jackson learned that the flag in front of the police station was weather worn to a disgraceful state, he took immediate action. Literally within minutes, Mike had the weather worn flag retired and replaced. Mike is to be commended for his respect and his response. Signed an American Veteran living in the Spokane Valley." Councilmember Gothmann explained that some time ago he was making a turn and a young man traveling extremely fast on his bicycle hit Mr. Gothmann's car as Mr. Gothmann was pulling out to make his turn, and the bicyclist hit the car hood upon impact; and said when Mr. Gothmann got out to help the bicyclist, the bicyclist ran off, that Mr. Gothmann reported this incident to the State Patrol, and said one doesn't expect a bicyclists going 25 mph on a sidewalk, but had that individual been in the trafficibike, lane, he would have been more visible. 1. PUBLIC HEARING: Six Year 2011 — 2016 Transportation Improvement Plan (TIP) — Steve Worley Mayor Towey opened the public hearing at 6:50 p.m. Engineer Worley explained that Council had a briefing May 4 on projects listed in the TIP, and said he is glad to answer questions and to open the floor for public comment relative to this hearing; and noted the error in the packet where the TIP indicates it is "adopted" but said this is the draft TIP, and Deputy Mayor Schimmels emphasized that, adding that this is a work in progress, and not something to take lightly. Mr. Worley said the projects are those to consider in the next six years and does not mean we will receive funding for all those projects; and said sometimes a grant opportunity becomes known and a different project meets the criteria better than the current project, and said the document is flexible and is a guide to identify the needed transportation projects, and once adopted, can be amended; and noted there are copies of this draft TIP on the council Council Regular Meeting 5 -25 -2010 Page 5 of 8 Approved by Council: 06 -08 -2010 chambers ledge for members of the public. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:55 p.m. Mr. Worley said if Council has any questions or suggestions on other projects to consider, staff is willing to look at those and bring that back when this comes back before for formal adoption. Councilmember Gothmann said that in previously speaking with Mr. Worley, there are actually one and a half staff who work on getting most of these grants, that the millions of dollars we receive is amazing, and he thanked staff for their diligence. 2. CONSENT AGENDA Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE WNOUCHER NUMBERS: TOTAL AMOUNT 5/07/2010 3150 -3152, 3160, 20136 -20140 $210,654.64 5/07/2010 20141 -20151 $18,030.97 5/10/2010 20152- 20183, 51010002, 505100005 $507,251.15 5/12/2010 20184 -20199 $23,043.38 5/14/2010 20200 -20204 $35,195.20 5/14/2010 20205- 20238, 513100047 $257,577.67 5/17/2010 20239 1 $100.00 5/18/2010 3162 -3164 J $54,407.37 GRAND TOTAL 1 $1,106,260.38 b. Approval of Payroll for Period Ending May 15, 2010: $240,651.17 c. Approval of Study Session Format Council Meeting Minutes of May 4, 2010 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS 3. Proposed Resolution Supporting ChangePoint Spokane" — Cary Driskell It was moved by Councilmember Gothmann and seconded to adopt the Resolution declaring support to ChangePoint Spokane to provide community education regarding effective ways to donate money to achieve broader benefits for individuals in need of assistance. As discussed previously, Deputy City Attorney Driskell explained that this isn't so much a panhandling issue but more of a support issue as noted in section 1 of the resolution which declares Spokane Valley Council's support for the educational outreach program conducted by ChangePoint, which seeks to inform the general public about more effective ways to assist the homeless instead of giving money to panhandlers; and said we are not adopting or paying for anything, simply expressing support as stated. Mayor Towey invited public comment. Joseph Edwards, 16104 East Rich Avenue: 991216 said he runs a taxi service in Spokane Valley and he gets around places where panhandlers stay, said some are homeless but a lot are not; that he sees the same ones daily on the street corners, and they're not homeless and wear better shoes then he does; he said panhandlers are a menace to the public and he gave an example of a person giving food to a panhandlers and said the panhandler cussed out the person donating; and reiterated that they aren't homeless, they choose to live that way. Councilmember Gothmann thanked Mr. Edwards for participating in this process and of his volunteering to assist; and said national statistics show that only 15% of those professing to be homeless, actually are homeless, and that homeless and panhandlers are two separate groups; and an ineffective way to use the charitable dollar would be to give to panhandlers as 80% of funds they collect are used for drugs and alcohol. Vote by Acclamation to approve the resolution: In Favor: Unanimous. Opposed.• None. Abstentions: None. Motion carried. Council Regular Meeting 5 -25 -2010 Page 6 of 8 Approved by Council: 06 -08 -2010 UMU Yon„ , Steve Worley It was moved by Deputy Mayor Schimmels and seconded to approve the list of projects as presented for the Freight Mobility Strategic Investment Board 2010 Call for Projects and authorize the Mayor to sign the Project Application certifications for each application. Engineer Worley apologized for bringing this issue tonight on short notice and explained that staff failed to recognize that this grant application requires the Mayor's signature, and that the deadline to submit is this Friday; that they have two projects identified that staff feels meet the criteria for this; e.g. the Sullivan Road West Bridge reconstruction; and the Barker Road Overpass at Trent Avenue ,SR 290. Mr. Worley described the projects as noted on the May 25, 2010 Request for Council Action form. Mr. Worley said the cost of the bridge project is enormous. Mayor Towey invited public comment. Joseph Edwards, 16104 East Rich Avenue: 991216 asked if there would be enough funding to build an overpass over the railroad, and Mr. Worley said that this is the reason for the project, and this would be similar to the current interchange on Sullivan. Councilmember Grassel said she doesn't want to get into another situation where they have to consider whether to accept a grant or not, and she asked if tonnage data will be provided. Mr. Worley said since both roads exist, there is already truck and tonnage data on both projects; he added that this project is large and staff will try to get our cost down as low as possible, and said that Burlington Northern Railroad will also be required to contribute up to 5 %; and he said as grants become available, staff will determine how much city funds would be needed, but that is not a requirement at this point on how much city funds would go into the project. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Gothmann, Dempsey and Grafos. Opposed: Councilmember Grassel. Abstentions: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments. Dick Behm, Spokane Valley Business Association: Mr. Behm read the following prepared written statement: "TV Council meetings. On Tuesday June 29 the Spokane Valley Business Association Sponsorship of the television of City Council Meetings will end. This has been a very successful program and the SVBA committed to a 6 month trial of televising the City Council and can not afford to continue after that time. We had hoped that the city would assume that responsibility and perhaps the City will yet decide to continue the program. I would hope everyone would thank CMTV for recording and showing the Council Meetings every Monday night. It is a public service that we should all appreciated. As I understand it the 35 cent peg fee is a joint responsibility of the City of Spokane Valley, City of Spokane and Spokane County to help fund public access and educational cable channels. We believe it is very important to the citizens of Spokane Valley to have access to these channels. Many students rely on the local collages programs that were televised on channels 15 to 19. In addition the programming shown on public access channel 14 (CMTV) has a large following. We would hope that the Council would seriously consider the consequences of reopening the cable contract which took 5 years to negotiate. If you should decide not to collect the 35 cent fee, it is not too far a stretch to believe that Comcast would or could remove access to Public Access and Educational Channels to citizens in the Spokane Valley. That would be a huge disservice to our citizens. Dick Behm, Spokane Valley Business Association." Mr. Behm added that he discovered that 30,000 students in our area rely on these public access channels, and said he feels council should seriously consider the consequences for whatever action might occur as a result of opening that contract. ADMINISTRATIVE REPORTS 4. Street Vacation STV 01 -10 (part of 16`" Ave., west of 16�' and Kahuna) — Karen Kendall Prior to explaining the proposal, Assistant Planner Kendall gave an overview of state law regarding street vacations, and discussed Spokane Valley City Resolution 07 -009 concerning evaluation compensation required to move forward for a street vacation; then she gave the background of this proposal which is as a result of applicant Alan Gay, USHK on behalf of abutting property owners with two- thirds ownership, Council Regular Meeting 5 -25 -2010 Page 7 of 8 Approved by Council: 06 -08 -2010 to request a vacation of a portion of 16 Avenue; she said the right -of -way is unimproved; 16` Avenue was originally dedicated in 1907 through the Woodland Terrace Plat and was named 14` Avenue, later changed to 16` Avenue, and is located east of the proposed vacation, approximately 362 feet of 16` Avenue was vacated in 1996 by Spokane County. She explained that a public hearing was held before the Planning Commission May 13, 2010, and the Planning Commission voted unanimously to recommend approval subject to conditions; and she noted that no public comments have been received. There was council consensus to bring this forward for a first reading at the June 8 council meeting. 5. Code Text Amendments CTA 02 -10 — Lori Barlow Via the PowerPoint presentation, Planning Manager McCormick standing in for Planner Barlow, explained the proposed code text amendments; said that the Planning Commission held a public hearing May 13, 2010; that the original proposal included an amendment to the "kennel" definition, and the Planning Commission continued the public hearing on that definition, and passed a motion to move the remaining three proposed amendments on to the Council for review, and said the kennel issue will come before council at a later date. There was council consensus to bring this forward for a first reading at the June 8 council meeting. 6. Advance Agenda Councilmember Gothmann re- stated his desire to invite the Health Board Director to an upcoming council meeting. Concerning the SARP schedule, City Manager Jackson said staff will post the schedule on the website so people can plan ahead; and there was brief discussion concerning the need to contact those who make comments at council meetings so that their concerns can be addressed; and Councilmember Grafos suggested having comment cards at the public zoning meetings. Mr. Jackson said staff will also make a CD for those interested in the meeting but were unable to attend. INFORMATION ONLY: The department reports and ADA Self- Evaluation and Transition Plan were for information only and were not reported or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 7:45 p.m. ATTEST: Christine Bainbridge, City Clerk Council Regular Meeting 5 -25 -2010 Approved by Council: 06 -08 -2010 Thomas E. Towey, Mayor Page 8 of 8 SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: May 25, 2010 GENERAL CITIZEN COMME 'OUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE Please sign in if you wish to make Dublic commelA %,0o NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK_ ABOUT YOUR COMPLETE ADDRESS TELEPHONE � 2 %�.ti1a freer �.� c �dt z ,���r� 9 ?a1U - 7 �3 C I,c. 9 W�9 la F, v t L � I u� 9 /1, - v lie, S IB """-Y SIGN -IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING DATE: May 25, 2010 GENERAL CITIZEN COMMEN 'OUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE NM Please sign in if you wish to make Dublic comments. NAME PLEASE PRINT TOPIC OF CONCERN YOU WILL SPEAK ABOUT YOUR COMPLETE ADDRESS TELEPHONE /A'' L / 1/ ' / O L K, I 1..� 7 L 4 E V u p_ J 01 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, May 25, 2010 PUBLIC HEARING SIGN -IN SHEET SUBJECT: 2011 -2016 Transportation Improvement Plan (TIP) Please sign below if you would like to speak at the PUBLIC HEARING. PRINT NAME AND ADDRESS FOR THE RECORD There may be a time limit for your comments. Any documents for Council consideration should be provided to the City Clerk for distribution. NAME ADDRESS TELEPHONE PLEASE PRINT C- 0 po C f�fi6 TO: SPOKANE VALLEY POLICE DEPARTMENT PLEASE, ANSWER THE FOLLOWING QUESTIONS. POLICE OFFICER: B.HERT 1. In what year did bicycle helmets become mandatory? 13 May 2010 Answer: In the city of Spokane Valley, bicycle helmets are NOT REQUIRED. 2. In the year 2009 how many bicyclists were given a citation for not wearing a helmet? Answer: ZERO, NONE. 3. In 2009 how many bicyclists were given a traffic citation for riding on the sidewalk? *Answer: None, it is NOT against the law to ride a bicycle on the sidewalk. 4. In 2009 how many bicyclists were given a traffic citation for riding at night with NO lights on their bicycle? *Answer: He doesn't know. He referred me to the window of the Spokane County court that handled citations for the Spokane Valley city. They did not know & referred me to the county court clerk downtown. He called me back the next day & said he could not find any RCW's on this because the legislature does not group all bicycle codes together. He did say he found an RCW where you are not SUPPOSE TO RIDE YOUR BICYCLE ON THE SIDEWALK. So I asked him how many citations were written for this infraction in 2009. He could not give me an answer. *So on the city council meeting of meeting of 11 May 2010, council woman Dempsey said, it is against the law to ride your bike on the sidewalk! End of discussion, do the Pines to Park Street Project. 6! I 4 ��lel- �- - Whoa, not so fast council woman Dempsey. I challenge you to tell us who told you that it was against the law to ride a bike on the sidewalk? ALSO, tell us how many citations were given in 2009 for this infraction? It is an ARCANE LAW which IS NOT ENFORCED. I have lived in the Spokane Valley over 40 years and I have asked citizens who have lived here over 70 years. NO ONE knows of anyone being cited for riding a bike on the sidewalk! So I stand by my statement that it is safer to bike ride on the sidewalk or on the CENTENNIAL TRAIL than in bike lanes. Also, I have given the council the REAL WORLD DATA from the WSDOT SHOWING for the last five years about 104 bicyclists are injured every year from car /bicycle collisions. Also, there is about one bicycle fatality each year in the county, which includes the Spokane Valley. * IN CONCLUSION /Pt 9,wad rat y FROM PINES ROAD TO PARK ROAD according to my odometer the distance is 2.95 miles. I have driven the complete distance four times in the last week to inspect what the project is about. I met with Mr. Ken Knudsen today & I ask him what the city is getting for nearly a million dollars? He could not answer all my questions & he promised to get back to me with the information. The exact project cost is $933,000.00. State grant $ 746 = 80 %. Spokane Valley $ 186.600.00= 20 %. I said that is a lot of money to restripe the street. Mr.Knudsen said it is included. Some sidewalk work to be ADA comp i t. He also said if there is any traffic signal work that it would be expensive. He said that he thought one traffic signal did not respond to PEDESTRIANS PUSHING the button to CROSS the street.From my inspections & measuring the sidewalks: theV5% in good to excellent shape, some are new. They are 4 feet or wider & some are new. Four feet is the width of the sidewalks on Broadway from Evergreen to Sullivan, so I assumed they must be compii t because there is the latest 4 lane to two lane project. -2- b Pa �' alrt ' P"" Now Mr.Knudsen did say,if ther/are ny utility poles & the sidewalk is not wide enough, that the poles would hae relocated but the utility companies would be responsible to do this and it t an expense to the nearly million dollars project. Again from my inspectire are very few utility poles on the North side of Broadway avenue which the sidewalk. On the South side of Broadway avenue there are a number of poles in some stretches, but the sidewalks are in good to excellent condition, and so are most of the utility poles. This would mean perfectly good sidewalks would be dug up & replaced. Foot traffic & bicycles can negotiate the sidewalks just as they are. For wheelchairs, the North side of Broadway will allow safe travel. During the six months of the year that a wheel chair might use the sidewalk is this worth a million dollars to redo the South side, sidewalks on Broadway avenue? In my humble opinion, there are a lot more urgent ways to spend the money. There are some minor repairs that need to be correctly done. HOT ASPHALT patching at the intersections oABroadway at Argonne & Mullen. This was not included in the road project. I also suggested to Mr. Knudsen that in years to come a concrete intersection would be useful & give longevity. He agreed & said it is in the future plans. -3- f S F. f, -W Broadway At the last Council Meeting 4 people testified, 3 against and 1 for the improvements to Broadway, none of these folks live on Broadway. I have lived and worked 60 years in Dishman. For over 20 years I worked as a home delivery MILK MAN. The very worst area I had to deliver to was Broadway Ave. You can not pull into a driveway to deliver because then you would *have to back out onto a very busy arterial. Illegal and also very scary because of the limited visibility when driving a truck, The safety problems that have existed on Broadway for over 60 years. (1) Sidewalk right up to the curb. (2) Utility poles right at the curb. (3) Street drains (drywells) along curb create hazard to cars traveling in outside lanes. (4) Residents on Broadway backing onto an arterial. (5) Delivery to residents along Broadway. Home delivery of any type, including UPS, FedX, Mailman must park in the street, creating a hazard to themselves and traffic. There was some question about spending tax payer money on this safety project? Where do these funds come from? The Council should realize that the grant funds come from the gas tax. This money goes in a big, big pot in Olympia where it is allocated out to approved deserving projects throughout the State. To receive a grant for a project means we are getting our tax money back To make improvements to our City. To not receive or turn down a grant means our tax i� dollars are still going to be spent, only someone else will spend them, Seattle or King County, Etc, etc. The point being that as most of these funds already go to the west side of the State we should never miss the opportunity to get our tax dollars back for the improvements to our City. Staff should be congratulated in their success in receiving these grants. The money for the matching funds does not come from the City General Fund it comes from the Real Estate Excise Tax and is earmarked for this purpose. It does not have any relationship to a possible deficit in the General Fund. For the safety of our citizens, pedestrians, bicyclists and auto drivers I ask that you move forward with the Broadway Project. Dick Behm Behm's Valley Creamery 9405 E. Sprague Ave. Spokane Valley, WA. 99206 To: City of Spokane Valley Council From: Bob Glaza 16321 E Valleyway Spokane Valley, WA 99037 RE: Broadway — Pines to Park Safety Project Please read during open comment period of May 25, 2010 City Council session, if possible. I am unable to attend. A few years back, the City decided to restripe Broadway from Sullivan to Pines. Broadway changed from a frantic four lanes to a much quieter— and safer — two lanes with a turning lane in the middle. At the same time, bike lanes were striped in each direction. While I drive an automobile for most trips greater than 20 miles, I use a bicycle and am a daily "neighborhood" walker. I noticed the traffic slow down almost overnight. Admittedly, I am sensitive to speeders as I live on the current alternate route for improvements at Sullivan /Broadway and Sullivan /Sprague. Any slowing of traffic speeds is a god thing in my opinion. Earlier this spring, I read in my Hot Topics newsletter (thanks for sending to citizens, by the way) that Broadway from Pines to Park was scheduled to receive the same treatment. I was thrilled. Particularly exciting was the grant that will pay for 80% of the project. That means my 20% in taxes goes four times as far? Where else do you find somebody kicking in 75 cents for every quarter you spend? Next I read the Council was about to cancel the Broadway — Pines to Park Safety project. Now I read the Council wants to delay the project. I'm having a difficult time understanding the reasoning and the hesitation. The project enhances safety around four schools — N Pines Jr. High, Broadway Elementary, Ness Elementary and Centennial Middle School — by slowing traffic and easing congestion. The project will make it easier for homeowners to enter and exit their driveways. The project will extend the route of cyclists and pedestrians nearly to the 1 -90 exchange. Following this summer's project on the Broadway — Conklin to Flora Improvement, that means the City of Spokane Valley will have a near complete bikeway from Flora to Park. The project signals to our surrounding communities — Spokane and Liberty Lake — that the City of Spokane Valley is a partner in working toward a more environmentally aware region. The project is essentially paid for with a grant covering 80% of the cost. It's time to ask the Council if it wants to be known as the group that helped the City of Spokane Valley toward a more sustainable future. Or do we continue to postpone and delay? I'm asking for no delay on this project. Sincerely — Bob Glaza Spokane Valley, WA 99037 E -mail received May 25, 2010 Chris could you please read this during the public testimony portion of the City Council meeting. The American flag represents many things to many people and its treatment and presentation can evoke many forms of passion. Yesterday when Mike Jackson learned that the flag in front of the police station was weather worn to a disgraceful state, he took immediate action. Literally within minutes, Mike had the weather worn flag retired and replaced. Mike is to be commended for his respect and his response. Signed an American Veteran living in the Spokane Valley. 05/25/10 TV COUNCIL MEETINGS On Tuesday June 29 the Spokane Valley Business Association Sponsorship of the televising of City Council Meetings will end. This has been a very successful program and the SVBA has received many a thank you from the citizens of Spokane Valley. The SVBA committed to a 6 month trial of televising the City Council and can not afford to continue after that time. We had hoped that the city would assume that responsibility and perhaps the City will yet decide to continue the program. I would hope everyone would thank CMTV for recording and showing the Council Meetings every Monday night. It is a public service that we should all appreciate. As I understand it the 35 cent peg fee is a joint responsibility of the City of Spokane Valley, City of Spokane and Spokane County to help fund public access and educational cable channels. We believe it is very important to the citizens of Spokane Valley to have access to these channels. Many students rely on the local collages programs that are televised on channels 15 to 19. In addition the programming shown on public access channel 14 (CMTV) has a large following. We would hope that the Council would seriously consider the consequences of reopening the cable contract which took 5 years to negotiate. If you should decide not to collect the 35 cent fee, it is not too far a stretch to believe that Comcast would or could remove access to Public Access and Educational Channels to citizens in the Spokane Valley. That would be a huge disservice to our citizens. Dick Behm Spokane Valley Business Association