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2011, 11-29 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington November 29, 2011 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Roger Crum, Interim Deputy City Manager Bill Gothmann, Councilmember Cary Driskell, City Attorney Dean Grafos, Councilmember John Hohman Community Dev. Director Brenda Grassel, Councilmember Kelly Konkright, Deputy City Attorney Chuck Hafner, Councilmember Neil Kersten, Public Works Director Arne Woodard, Councilmember Mark Calhoun, Finance Director Scott Kuhta, Planning Manager Steve Worley, Senior Engineer Mike Basinger, Senior Planner Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ACTION ITEMS: 1. First Readin Pro osed Ordinance 11-020 Electric Li�htwave Franchise — Carv Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 11-020 authorizing execution of a telecommunications franchise with Electric Lightwave, LLC to a second reading. City Attorney Driskell went over the basics of the proposed franchise as was previously noted; said ten years is a reasonable amount of time for these providers to use our rights-of-way and re-coup any investment they might have had for their initial placement; said we do not currently use their facilities and do not expect to in the future; we currently access fibers from two other companies; and that staff feels this is a valuable asset for the city. Mayor Towey invited public comments and no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed.• None. Motion carried. 2. First Readin Proposed Ordinance 11-021 Code Text Amendment CTA 04-11 Rec F�t� Mike Basin�er After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 11-021 regarding code text amendment CTA 04-I1, to a second reading. Senior Planner Basinger explained that this is a privately initiated text amendment to allow recycling facilities in the Corridor Mixed Use, Community Commercial, and Regional Commercial zones in addition to the currently allowed use in the light and heavy industrial zones. Mayor Towey invited public comments. Dwight Hume, 9101 N. Mountain View Lane, Spokane: said he represents a recycle operator who has proven to him and the Planning Commission that this use will enable recycling facilities to be compatible within these proposed zones; that they went over the performance standards and feel this is a good move and provides an economic benefit to the community as it enables these facilities to be readily available instead of just at the industrial park; and he asked if possible, to have the second reading at the next meeting rather than wait until December ]3. Tonv Lazanis, 10626 E. Empire: asked about the location and noise and possible odar. There were no other public comments. Vote by Acclamation: In Council Study Session Minutes 11-29-2011 Page 1 of 6 Approved by Council: 12-13-2011 Favor.• Unanimous. Opposed: None. Motion carried. Council concurred to bring the ordinance back next week for the second reading. 3. Proposed Resolution 11-010 Adoptin� Plannin� Commission Revised Rules of Procedure — Scott Kuhta It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 11-010 adopting proposed changes to the Planning Commission Rules of Procedure. Planning Manager Kuhta explained that the City Code requires the Planning Commission to adopt Rules of Procedure, subject to approval of City Council, and update those rules every other year. Mr. Kuhta said the changes were made based on Council's previous discussion to have the election of officers in January instead of December, and to stipulate that commissioners must have served for a calendar year prior to being considered for the position of chair or vice chair. Councilmember Woodard asked about the method to address excessive absences, whether excused or not and asked if more language should be included in that regard. Mr. Kuhta explained that the rules state that missing six or more regularly scheduled meetings in a twelve- month period without such absence being excused by the Commission is prohibited, and that the other Commission members have the discretion of excusing or not excusing the absent member. City Attorney Driskell mentioned that City Code 18.10.020D states that members of the planning commission may be removed by the mayor, with the concurrence of council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive regular meetings. Mayor Towey invited public comment, and no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Allocation of Lod�� Tax Funds — Mark Calhoun It was moved by Deputy Mayor Schimmels and seconded to make the following allocations of Lodging Tax Funds for calendar year 2012: ,$42, 600 to the HUB; $185, 000 to the Sports Commission; and $3,900 to the Museum for a total of $231,500. Finance Director Calhoun gave some history of the funds which will be available for distribution; and said the Lodging Tax Advisory Committee also favored having a second round of funding applications in January, which would be subsequently presented to council for final distribution; and if council agrees, the timeline to eventually distribute the funds would be in March, as it takes time to advertise, and there are state timeline requirements between when the Advisory Committee meets and when the Council can allocate the funds. Mr. Calhoun also went over the spreadsheet contained in the packet, and explained the reserves and noted the funds available for a second round. It was moved by Councilmember Gothmann and seconded to amend the motion to a�rm the $30, 000 for CenterPlace that is already in the 2012 budget. Mayor Towey invited public comment. Tony Lazanis commented about how much money the tax generates and how the allocation works. There were no other comments. It was moved by Councilmember Gothmann to allocate $40,000 from the lodging tax funds for Valleyfest. There was no second and the motion did not progress. Vote by Acclamation to amend the motion a�rming funds for CenterPlace: In Favor: Unanimous. Opposed: None. Motion carried. Vote by Acclamation on the fully amended motion to make the following allocations of Lodging Tax Funds for calendar year 2012: $42, 600 to the HUB; $185, 000 to the Sports Commission, �3, 900 to the Museum, and to affirm the $30, 000 for CenterPlace that is already in the 2012 budget. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. Finance Director Calhoun asked council about having a second round of funding opportunities and if there is consensus to do so, staff will proceed to advertise that opportunity in this Friday's newspaper. There was council consensus to have a second round as suggested, and that the second round of funding would be open to all who wish to apply. NON-ACTION ITEMS: 5. Quit Claim Deed. Brown's Park — Kelly Konkri� Deputy City Attorney Konkright explained that in 1977, Spokane County conveyed a portion of Brown's Park to the Spokane Valley Fire Department; but that the fire department does not plan to build a station Council Study Session Minutes 1 1-29-2011 Page 2 of 6 Approved by Council: 12-13-2011 on that lot in the future; that pursuant to the deed, the property must continue to be used for park purposes; that on October 27, 2011, the fire department delivered a quitclaim deed to the City Clerk, signed by Chief Mike Thompson, transferring the property to the City of Spokane Valley; and that it is the desired practice of the City Attorney's office to obtain Council's acceptance of a deed before accepting delivery of any non-right-of-way property in order to avoid title being put in the City's name on unwanted parcels of land. Councilmember Woodard asked if we would have to pay any taxes or fees for this property, and City Attorney Driskell answered that to transfer from one public agency to another, there is no fee and no money changes hands, and the only cost would be the recording fee. Councilmember Woodard asked if we pay stormwater and other fees, and Mr. Jackson said staff will research that information. There was council consensus to move this issue forward for action at an upcoming council meeting. 6. Criminal Code Maximum Penalty Gross Misdemeanor — Cary Driskell City Attorney Driskell explained that in 2011, the state legislature amended statutes to state that the maximum term a person may serve as punishment by imprisonment in jail for a gross misdemeanor, is up to 364 days; and said that we should change our code to be consistent with the state changes. There were no questions and it was council consensus to move this item forward for a first ordinance reading at a future council meeting. 7. Mission, Flora to Barker Speed Limits — Inga Note Traffic Engineer Note explained that Council had asked to review the speed limit on Mission Avenue between Flora and Barker Roads; she referenced the council packet materials of the engineering and traffic investigation for Mission from Flora to Barker, and of the summary pages from three speed studies. Ms. Note brought council attention to the spreadsheet which includes everything she looks at when making a recommendation; she explained that the sheet shows data from the studies taken, �vith the most recent done in October, an older study from 2006, and for reference she included study #4 which is a traffic count only so council can see how much the traffic counts have changed. In the roadway data, she said she looks at the classification or what she thinks the roadway was originally designed for, the number of intersections, driveways whether commercial or residential, the on-street parking and use and type, number of travel lanes, lane width, shoulder type, sidewalks, pedestrian activity; that she looks to see if there are curbs or any sight distance issues, and she looks at the accident rate. Further on that sheet, Ms. Note said she included a more in-depth explanation; and said at this point she recommends the speed stay at 35 mph. Deputy Mayor Schimmels said concerning the roundabout at Flora and Mission with the speed advisory of 20 mph, and to the south the other round-about is 10 mph, and he asked if coming off the grade heading westbound down the hill, should that be examined further to see if that also should be changed to 10 mph. Ms. Note said the signs on the roundabouts are intended to be the speed that you should be going when you reach the entrance and is not intended to be the speed inside, and she said a lot of people misinterpret that; and with that in mind, she said she looked at that vertical curve, the downgrade, and said there is a little sight distance issue there; she said since the last meeting, she went out and did a sight distance study on that and checked it, and the sight distance isn't great, but it barely meets the requirement for 35 mph; and said she feels what we have there is adequate; and in addition to meeting the 35 mph criteria, there is also a warning sign at the top of the grade that warns of the upcoming roundabout; and if someone couldn't see the roundabout for some reason, they would at least see the sign and therefore by warned of the upcoming roundabout. Ms. Note explained that there are several factors taken into consideration when determining the speed, one of which is the roundabout with the 10 mph speed is smaller; adding that she didn't do the design on the roundabout, but is aware that was the design speed used. Public Works Director Kersten said that is quite smaller than the other and the roundabout at Montgomery is similar and also has a 20 mph warning sign, and that has been in there for three or four years and has worked well. Council Study Session Minutes 11-29-2011 Page 3 of6 Approved by Council: 12-13-201 l Councilmember Grafos said the roundabout, with 35 mph coming west down that grade, and going into the roundabout at 20 mph, is right at the limit of what it should be and there is no margin of error there. Ms. Note said she measured about seven feet, margin of error. Councilmember Grafos said he would question whether that 20 mph speed limit sign is what should be on the roundabout. To clarify, Ms. Note said the distance she measured is for 35 mph coming down the hill and said that is barely adequate for 35 mph. Councilmember Grafos suggested erring on the side of safety and dropping that a little. Councilmember Woodard asked about the 85`�' percentile rule and whether it includes decreasing and increasing the speed, and Ms. Note responded the speed could go up or down by 5 mph; but said she wouldn't want to raise that speed limit due to the many other factors she examined, and said generally her recommendation is to lower the speed; although there are some other streets in the city where the speed might be raised. Councilmember Woodard said the point he was trying to make is that just because people travel at a certain speed, that doesn't mean that is the correct speed for travel; and said he feels 35 is too fast on that road. Director Kersten said staff is following state code, and the MUTCD and it gives the option of going five miles an hour either way within that 85 percentile after all the other conditions are examined as well. Mayor Towey said he feels the key is that the traffic survey must be considered along with many other factors. Councilmember Gothmann asked what is the benefit or consequence of following or not following the 85`" percentile speed. Mr. Kersten said for example, when they did the speed studies on the new Indiana after it was signed at 25 mph; they also did speed limits on Mission at 35 mph; and the studies came back almost identical even though the speed limits were different; and he said speed limits don't slow people down, they require additional enforcement and can create confusion with drivers if you set that limit lower than the road feels for the driver to drive; and he said that is the purpose of the speed study; you can set it lower but if you do, it will require additional enforcement and people generally will not drive slower; and he said he thought one might see a difference on the new Indiana at 25, but that has not been the case. Ms. Note said the other impact you might see is a difference in collision patterns; and said there were a few collisions caused by people passing on the left on Mission, signed at 35 mph; that the drivers felt people were going too slow so they passed on the left, and the person they were trying to pass was actually slowing down to make a left turn and a collision occurred; and if you have a lower speed limit you will get people who are trying to follow that which could cause some anger issues with drivers who think others should be traveling faster than they are. Councilmember Gothmann asked, of the approximate 1500 people in the Greenacres area, if staff has heard from them concerning this issue, and Ms. Note replied that she has not heard from many in that neighborhood. Councilmember Hafner said most people adhere to the speed limits, but his main concern is that of safety; said if conditions change, council can makes changes again and remain flexible. Public Works Director Kersten said the Police Department monthly report which includes maps showing collisions, shows the places of typical collisions; and said the nice thing about a circle, is its difficult to have head-on collisions; he said there have been no accidents in that area at all during this period. There was further discussion on the pace speed numbers; mention from staff that the study sheets only show two days and that staff can bring back the entire report if council desires but the data won't show anything different as all the relevant data is on the summary page; mention that some of the congestion is due to the I-90 construction, and that the situation could look different in three or four months; and there was further discussion on doing something now versus later. Councilmember Grassel recommended lowering it from 35 to 30; said it should be consistent with the parkways, and that barely meeting the criteria doesn't sit well with her. In response to a question from Mayor Towey, Engineer Note said another traffic study could be performed in another two or three months if needed. Council agreed to have this as a resolution on the December 13 agenda. At approximately 7:30 p.m., Mayor Towey called for a recess. He reconvened the meeting at 7:45 p.m. Council Study Session Minutes ] 1-29-2011 Page 4 of6 Approved by Council: 12-13-2011 8. 2012 Discretionary Grant Programs — Steve Worlev Senior Engineer Worley explained the opportunity for the 2012 Federal Discretionary Grants and suggested that the Spokane Valley-Millwood Trail, the Greenacres Trail, and perhaps a multi-use trail within the Old Milwaukee Railroad right-of-way would be good candidates for the grant. Mr. Worley also explained the possible funding options, said that in light of next week's agenda item to discuss capital projects, that they are not seeking action tonight, but will wait until after Finance Director Calhoun's presentation next week; and asked if Council has a preference for any of the projects, and if so, staff can start preparing the application for the grant as the grant applications are due December 9; and said staf�s preference is the Spokane Valley Millwood Trail as they feel it has the best chance at getting funded, but that of course, they won't know how it will rank state-wide, and mentioned that there is only $29 million available nationwide; and he asked Council if they have ideas or preferences on whether staff should start the application process. Discussion included mention of the Millwood Trail as being one of the best options since it connects with various neighborhoods and cities; mention that other projects which would address street preservation would be a higher priority; that staff realizes we will not be funded for all the grant applications; mention from Mr. Kersten that the Milwaukee right-of-way is undeveloped so that would be difficult to submit; mention from Mr. Worley that staff could try to phase in a project and just put in a grant application for one part of a project; concern with coming up with the matching funds; and mention from Councilmember Hafner that the path would be his lowest priority. Director Kersten said the chances of getting this grant are slim, especially with only $29 million being available nationwide. Mayor Towey said he would like to examine the capital projects list and available funds and make a determination after Mr. Calhoun's presentation. There was council consensus to look at the list of capital projects next week in order to get a better idea of all projects. 9. Shoreline Management — John Hohman Community Development Director Hohman explained that tonight's presentation is to share with Council some specifics on what impacts our shoreline development will have on the ground, and what the impacts would be to our city; and he thanked Senior Planner Barlow for her tremendous research on which parcels would be impacted; and then via his PowerPoint presentation, Mr. Hohman showed graphs and charts as he explained about the various different land owners; discussed the list showing what our issues are as compared with those of Spokane County, and concluded by stating that more discussion will be forthcoming after the land use attorney has been selected. 10. Governance Manual Draft — Chris Bainbrid�e City Clerk Bainbridge gave a brief overview of discussion from the November 1 council meeting, and of Council's desire to review the manual one chapter at a time. Mayor Towey noted the ease in finding topics as noted in the Table of Contents, and stressed the importance of council going through this and providing feedback, as he said this is what council will live by so all councilmembers should have input. Councilmember Woodard asked about the possibility of getting the council packet materials two weeks in advance, and Mr. Jackson responded that it is a challenge to get a council packet out now every four to five days in advance, and if council would like the packet earlier, it might be accomplished by having fewer meetings, and added that if council were to receive materials two weeks in advance, by the time council were to meet on the items, those materials would have likely grown stale. In response to council question about the three-touch rule, City Clerk Bainbridge added that many times the first touch is as an informational item, with the second touch as an admin report, and the third touch the action item, thereby giving council more time to digest the materials over time. At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and u unanimously agreed to extend the meeting for 45 minutes. Mr. Jackson said it is also staff's goal to limit whenever possible, action items to the formal meeting, and leave the study sessions for discussion; but sometimes holidays or other meeting cancellations, as well as Council Study Session Minutes 11-29-2011 Page 5 of6 Approved by Council: 12-13-2011 deadlines don't always allow that to occur. Council had no objection to keeping the changes of "old business" to "unfinished business,' including a roll call at every meeting, including City Manager comments at every meeting, and to reverse the verbiage on page 17 so it would read that ". .. unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers." Councilmember Hafner suggested council consider having some Saturday morning meetings to give the public an opportunity to be more involved. Councilmember Gothmann said in the past, Council held community meetings which they called "Conversations with the Mayor," but that they were not formal meetings nor were they recorded, that they did require extra setup and preparation, but that the meetings were ultimately discontinued as interest dwindled. It was determined that Council would discuss the manual again at the January 10 meeting. ] 1. Advance Agenda — Mayor Towey Councilmember Hafner said he would like a report regarding car shows. 12. Information Only Items: Department Reports• (b) Greater Spokane Inc. These items were for information only and were not discussed or reported. 13. Council Check-in — Mayor Towe� With the election over, Mayor Towey asked for council consensus for him to send the sample letter, a copy of which was distributed to council at the dais, to the newly elected officials throughout our area; and councilmembers had no objection. Councilmember Grafos asked about the snow plowing priorities and distributed a copy to council of this city's current policy, which states that priority 4, residential streets, gets plowed when the floor exceeds four inches, and said he would like that changed and said we need to plow all those roads. Mr. Jackson said staff should be able to schedule that in a few weeks. l4. City Manager Comments — Mike Jackson City Manager Jackson said he spoke with our lobbyist and learned that currently the legislature is considering a request from the Governor to keep 10% of streamlined sales tax from all cities, and to keep the liquor profits, effective June 2012, which would amount to about $500,000 a year; said we will be watching that and that he'll continue working with Ms. Taylar as well. 15. EXECUTIVE SESSION: Pending,/Potential Liti�ation fRCW 42 3010((1)(i)1 It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 9:46 p.m. At approximately 10:12 pm., Mayor Towey declared council out of executive session; after which it was moved by Councilmember Gothmann, seconded and unanimously agreed to adjourn. / ; � ` Thomas E. Towey, Mayor ATTEST / � � Christine Bainbridge, City Clerk Council Study Session Minutes 11-29-2011 Page 6 of 6 Approved by Council: 12-13-2011