2011, 11-15 Regular Meeting Minutes MINUTES
City of Spokane Valley
City Council Regular Meetings
Special Formal Meeting Format
Tuesday, November 15, 2011
Mayor Towey called the meeting to order at 6:00 p.m.
Attendance: Citv Staff
Tom Towey, Mayor Mike Jackson, City Manager
Gary Schimmels, Deputy Mayor Kelly Konkright, Deputy City Attorney
Bill Gothmann, Councilmember Mark Calhoun, Finance Director
Dean Grafos, Councilmember Neil Kersten, Public Works Director
Brenda Grassel, Councilmember John Hohman, Community Dev. Director
Chuck Hafner, Councilmember Mike Stone, Parks & Recreation Director
Arne Woodard, Councilmember Scott Kuhta, Planning Manager
Mike Basinger, Senior Planner
Inga Note, Traffic Engineer
Morgan Koudelka, Sr. Administrative Analyst
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
INVOCATION: Pastor Ben Orchard of Valley Bible Church gave the invocation.
PLEDGE OF ALLEGIANCE: Members of Cub Scout Troop 4971ed the Pledge of Allegiance.
ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present.
APPROVAL OF 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 Woodard: said he attended the 31 Annual Teen Aid legislative luncheon.
Councilmember Gothmann: reported he attended the SNAP Retreat where they visited a number of sites
owned by SNAP, and he talked about their low income program that provides installation on such items
as furnaces, etc., and said they had a positive state audit; he went to several meetings with the Board of
Health where they dealt with their budget as they try to cope with reduced revenues from the State and
Federal Governments, and rather than make across-the-board cuts, they decided to cut programs so they
don't take existing programs down so far they'd be ineffective; he attended a Government Affairs
Meeting; spoke at the Timber Creek Grill Veterans Dinner; and attended the Spokane Valley Heritage
Museum luncheon.
Councilmember Grafos: said he attended the hoteUmotel annual meeting at Northern Quest Casino, and
one of the items they talked about was car shows and how much overnight travelers they bring in; went to
the GSI (Greater Spokane, Inc.) Economic Forecast at the Convention Center where he heard a report that
economists feel unemployment will remain at about 8% for the next few years.
Deputy Mayor Schimmels: said he attended a Solid Waste Liaison Board meeting where they had a
majarity vote to raise tipping fees at the transfer stations, adding that the County and City of Spokane had
control of that vote; went to an SRTC (Spokane Regional Transportation Council) meeting; an STA
(Spokane Transit Authority) budget meeting; and attended the NLC (National League of Cities)
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Conference in Arizona with about 3,000 attendees, where the focus of the meetings was economic
development.
Councilmember Grassel: reported that she attended the Hotel/Motel Tourism Annual Dinner event for
elected officials, and mentioned the concern with the lack of tourism funds; went to the NLC Conference
in Phoenix and said one of the interesting tours was of a sports complex similar to the one in our area, and
said they discussed how that complex brought revenues to the city.
Councilmember Hafner: said he went to the SVBA (Spokane Valley Business Association) meeting
where Community Development Director John Hohman made a presentation on this city's plans for
streamlining and re-organization concerning permits; attended the Chamber of Commerce Education
meeting; went to the STA meeting; and today attended a Spokane Valley High School information
meeting about kids interested in the medical field.
MAYOR'S REPORT: Mayor Towey reported that he also attended the NLC Conference which
emphasized economic development and said he brought back some materials that he will distribute to
council in the next couple weeks; and said they talked about being at the "baby" stages of economic
development.
PUBLIC COMMENTS: Mayor Towey invited general public comments.
Mary Pollard, 17216 East Baldwin Avenue• said she is the North Greenacres Neighborhood Chair and as
a result of their meeting last Thursday, asked Council to consider the pedestrian flagging program as
people want a way to slow the traffic on Mission; said they would like two digital monitors and that they
are about $10,000 each; said she spoke with the Barker Kindergarten Principal who expressed concern
about Barker as well and of how to safely cross the street and mentioned the possibility of flagging. Ms.
Pollard said she researched the Pedestrian Flagging Program and said she has a petition with thirty-five
signatures, but said she could have gotten hundreds of additional signatures, but didn't have the time to go
door-to-door; and that those who signed the petition and the thirty-nine people who attended the meeting
want the Pedestrian Flagging Program to start; she said she wants Council to put this on the agenda as it is
Council's responsibility to keep the community safe; she mentioned a survey that was sent to Council
regarding traffic concerns and practices in the area; mentioned the lack of sidewalks and lights at Mission
and Flora and of the power pole put at the southeast corner where pedestrians cross; said all members of
council can't think of everything but she tries to bring things to council, and when she brings things to
Council, Council needs to act on those things; she said she would like engineering to get busy with this
pedestrian program; that it is not expensive to implement; ; and regarding the Barker Kindergarten Center,
she said there is not appropriate signage to alert drivers of the need to slow down.
Richard Harmon, 17610 E. Mission: said he agrees with Ms. Pollard about the flags, especially when the
Greenacres Park opens and said the plan works; he mentioned the speed limit on Mission; said the last
time he attended a meeting there was a complaint about the speed limit being too low, and said as a result
of the complaint, we got tubing out there to check the speed of the cars and the issue is now on the agenda
to raise the speed limit which is what the developers want, and said he feels that is appropriate. Mr.
Harmon said he would like to see those speed tubes put in front of his house to determine the speed of
drivers there; he said people come out there off Flora and by the time they hit his house they are travelling
50 mph; he said he has had this property for about forty-five years; that kids can't play or ride bikes on
Mission as it's too dangerous; and said he'd like the speed limit lowered; and that he would like to have
that on an agenda soon; and also mentioned the need for sidewalks. Councilmember Gothmann said a
traffic study has been done on Mission, east of Flora, and is included in tonight's council packet
materials; and Mr. Harmon said he will check the packet on the City's website to get those copies.
Pete Miller 18124 E Mission: said when council increases the speed on Indiana, it will increase traffic on
Mission Avenue; she said the City's Municipal Code states that the "maximum speed limit for all city
streets is established as 25 mph except where a lower or greater lawful speed is established by ordinance
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or resolution;" and further read that "alterations from those general speed limits are set forth in the master
speed limit schedule which may be adopted and amended from time to time by separate resolution; and
shall be made on the basis of an engineering traffic investigation" which she said has been done. Ms.
Miller said council has copies of the North Greenacres Survey and of the revised traffic study; and she
went over some of the data from that traffic study and of the stopping distances based on traveling speed.
She said we have two years or more to deal with the pedestrian safety on Mission Avenue in its current
condition; and said on behalf of the neighborhood, and based on the City Code, the completed traffic
study, and their survey results, she asked council to form and adopt a resolution tonight, lowering the
speed limit beginning at the couplet where it splits going east, and on Mission Avenue, to 30 mph.
1. 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. A roval of the followin claim vouchers:
VOUCHER LIST DATE VOUCHER NUMBERS: TOTAL AMOUNT
10-20-2011 3714-3717 $51,977.34
10-21-2011 24199-24246 $1,311,981.90
10/21/2011 24247 $7,58030
10-21-2011 24248-24261 $103,182.70
10-25-2011 24262-24264 $1,621.20
10-28-2011 24265-24281; 8171626 $71,504.33
10-28-2011 24282 $603.65
10-28-2011 24283-24295 $343,283.28
10-28-2011 5372-5379 $626.00
11-02-2011 3729-3732; 3745, 24296-24300 $220,174.54
11-04-2011 24301-24324 $60,002.40
11-04-2011 24325-24377; 1031110018; 1101110142 $1.744,622.11
GRAND TOTAL $3,917,159.75
b. Approval of Payroll for period ending October 31, 2011: $367,329.07
c. Approval of Minutes of October 1 l, 2011 Formal Format Council Meeting
d. Approval of Minutes of October 18, 2011 Study Session Format Council Meeting
e. Approval of Minutes of October 25, 2011 Formal Format Council Meeting
f. Approval of Minutes of November 1, 2011 Study Session Format Council Meeting
It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent
Agenda.
NEW BUSINESS:
2. Second Readin Proposed Ordinance 11-017 Adopting 2012 Bud�et — Mark Calhoun
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to approve ordinance 11-017 adopting the 2012 Budget. Finance Director Calhoun went over
his PowerPoint presentation summarizing the funds, revenues and expenditures; and said the levy rate
should be about the same as last estimated, or $1.52 per $1,000 assessed valuation. Councilmember
Woodard asked Mr. Calhoun what he thought the sales tax would be, and Mr. Calhoun said we are
running a little ahead of last year, and that next week's council packet will have mare detailed
information, but that the most recent information is far September, which shows that sales tax revenues
were up 8% from September the previous year; but putting it into perspective, said that 2011 sales tax
figures were identical to those of 2005. Councilmember Hafner noted on page 8 that the budget discusses
a street master plan and he asked if Council has that and Mr. Jackson said that council will have that prior
to the end of the year and Public Works is working on that document, and said the total amount is subject
to change as the plan is not yet complete. Councilmember Hafner noted the $43 million need for street
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Approved by Council: 12-13-2011
preservation, and said that means Council needs to prepare for that and Mr. Jackson concurred, and said
staff is working to identify all the street preservation activity we have had throughout the year, and said
the number is difficult to track in terms of actual dollars spent; and said many of the grants contribute to
the performance of street maintenance; but most likely since we have not been able to maintain the
previous street master plan at the optimal level, that we will find additional street deterioration, which
likely could project the need for more roads needing to be completely replaced.
Councilmember Grafos said that he realizes the reserves have been removed from the budget; but if we
wanted to set aside some funds for a project, could council do that at this time; and said that for example,
he would like to address the quiet zones; that this is a multi-year project and said it would take a year to
get an approval; he said the horns are loud and the super horns are louder; and said he would like council
to take $250,000 from the reserves to set aside as economic development/quiet zones funds; then approve
the consultant fee of about $50,000 or $75,000, and start that process; and said if we put $250,000 a year
in that special reserve fund, by the time the project construction can begin, we'll have the funds available.
City Manager Jackson said that we have established a policy of maintaining the general fund and only
setting aside the amount that exceeds $26 million, and putting that excess into the capital improvement
fund; so those funds are dedicated, and he suggested council can adopt the budget, and identify that
railroad quiet zone project and if council concurs, could use one of the other funds to appropriate funding
for that program, and he said it could easily be done without going to the general fund reserves; and said
if we bring those reserves down we won't have the ability to set aside additional funds for the capital
improvement fund; and said the civic facilities fund is also as possibilities; and said it is just as easy to
come back and have that discussion and appropriate those funds and council does not have to appropriate
specific funds for a specific project. Councilmember Grafos said he is concerned the project doesn't get
set aside; and mentioned that the Sprague Stormwater project has been ongoing now for two years and we
still haven't appropriated any money for it. City Manager Jackson said staff can bring those projects back
to council; at one point staff recommended including the stormwater projects in the budget, but there
wasn't a collective council decision then to do so; and he reiterated we can bring that list of projects back
to council for further discussion and consideration; he said we do have funding but not enough to do
everything; and said there is also a potential grant opportunity that might take care of that stormwater
project; and said if council would like, staff could bring the list of projects back in a few weeks, and said
those projects have been identified since the June retreat. Councilmember Grafos said it is his preference
to do that prior to approving the budget. Councilmember Gothmann suggested council move forward and
complete the budget, and meanwhile if council concurs, to have City Manager Jackson come back with a
proposal as noted by Councilmember Grafos. Mayor Towey reminded everyone that the budget can be
amended at any time during the year, and agreed that topic can be discussed during the discussion of the
advanced agenda.
City Manager Jackson said to clarify regarding the Capital Improvement Funds, those funds are being
appropriated for expenditure next year; so it's simply a matter of council deciding how to spend that
money when the time comes. Mr. Woodard said he agrees quiet zones should be a future topic; and said
that we are at $16 million dollars and holding pretty close to that, and said he doesn't see why we
couldn't take the $16 million and put that as a cap and anything over that to do like we did with the
general revenue reserve, only take 60% into road preservation and 40% to go back into the general fund;
and said the sales tax is going to increase; said we need to identify revenues for road preservation; said
we've never done it and no one has ever had the guts or courage to do it in the last eight years and said he
feels it is time to do that. Councilmember Hafner agreed with moving forward with the Sprague
Stormwater Project as we1L Mayor Towey reminded council that tonight's question is the 2012 budget
and the other topics are for discussion for the advance agenda, but the 2012 budget could be amended
later. Councilmember Woodard said he would like to make an amendment to the budget that we take
anything over the $16 million in sales tax revenue, and split it 60% going into road preservation and these
other capital projects fund, and 40% to be continued to be used in the general fund. City Manager
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Jackson stated that later tonight, Finance Director Calhoun and Senior Administrative Analyst Koudelka
will speak concerning some of the potential impact that the State budget cuts could have on our city; he
said the streamlined sales tax mitigation remains a large question; and said that cities will be extremely
fortunate if they make it through the State budget cuts unscathed; that we are looking at somewhere under
$2 million if the State were to take advantage of all the cuts, and we could be impacted by $100,000 or
$200,000, but that we won't know until next June. Mr. Jackson said establishing a policy of using sales
tax and capping it could quickly find us back at the drawing board; he said the sales tax together with the
property taac, fund all of our operations including public safety; and he said he's not sure thaYs a
commitment we could maintain by capping our sales tax; he said we increased our budget 1% over 2010,
and going forward that will be very difficult to do; and even keeping up with inflation, that would quickly
drain that $200,000 or $300,000; he said we could look for ways to fund; but it depends on how much of
a safety margin council wants to maintain; he said staff recommends we hold on to that money until we
get through this slow economy; which is why we capped it at $26 million. Finance Director Calhoun said
that the city's existing policy of setting aside 40% of the general fund reserve, in excess of $26 million,
already takes care of Councilmember Woodard's request as sales tax would be part of the revenue stream
that feeds into that excess of $26 million; so it really already is tapping into that. To clarify, City Clerk
Bainbridge asked Councilmember Woodard if that was a motion, and he confirmed it was, and then
withdrew his motion.
Mayor Towey invited public comments. Marv Pollard, 17216 E Baldwin Avenue• agreed there needs to
be some designation for road preservation. Tonv Lazanis 10626 E Empire• said he feels quiet zones are
a wonderful idea; that it's past due; and he urged Council to do what they can to help make the
neighborhoods better and more desirable. There were no other public comments. Yote on the motion to
approve the ordinance adopting the budget: In Favor: Unanimous. Opposed: None. Motion carried.
3. Second Readin� Pronosed Ordinance 11-018 Franchise Agreement Bonneville Power BPA) Kellv
Konkri t �
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to approve ordinance I1-018 authorizing execution of an electrical transmission franchise with
BPA. Deputy City Attorney Konkright briefly explained the ordinance as noted on the Request for
Council Action form. Mayor Towey invited public comment; no comments were offered. Vote by
Acclamation: In Favor.• Unanimous. Opposed: None. Motion carried.
4. First Readin Proposed Ordinance 11-019 Amendin� 2011 Budget Mark Calhoun
After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and
seconded to advance Ordinance 11-019 amending Ordinance 10-022, which adopted the 2011 Budget, to
a second reading. Finance Directar Calhoun gave an overview of the proposed changes as noted in
previous meetings. Mayor Towey invited public comment. Mary Pollard, 17216 E. Baldwin: said as this
ordinance relates to the salary schedules, she'd like to have those not show any increases and go back
about three years because the people who are on social security aren't getting any increases this year.
Councilmember Gothmann said this amendment doesn't include an increase in salaries, and added that
social security benefits will include a 3% increase this year. Finance Director Calhoun said that the title
mentions salaries since it references the previously adopted ordinance that this new ordinance amends.
There were no other public comments. Vote by Acclamation: In Favor: Unanimous. Opposed: None.
Motion carried.
5. Pronosed Resolution 11-009 AmendingSpeed Limits (Indiana) — In a Note
It was moved by Deputy Mayor Schimmels and seconded to approve resolution 11-009 which changes the
speed limit of Indiana Avenue from Sullivan Road to Flora Road to 35 mph, and establishes a 35 mph
speed limit on Indiana Parkway and Mission Parkway. Traffic Engineer Note said since this item was
last discussed, she conducted some additional speed studies; one on Indiana Avenue between Sullivan and
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Desmet, one on Indiana Parkway and one on Mission Parkway; and said the results of those studies are
included in the packet; and they show that the 85% percentile speeds are 40 mph on Indiana, 36 on
Mission Parkway and 38 on Indiana Parkway; and reminded everyone that the 85% percentile speed
means that 85% of the drivers on that road are travelling at or below that speed; and by the MLJTCD
(Manual on Uniform Traffic Control Devises), we are supposed to post our speed limits within five mph
of the 85% percentile speed. Mayor Towey invited public comment. Pete Miller, 18124 E. Mission: said
she feels that there were two studies; one was the 2 mph bin and the other was the 5 mph bin; and she said
the second copy on the 5 mph bin shows the number of cars that she gave council in an earlier report,
exceeding 41 mph; and she qualified that she was referring to the section of road between Flora and
Barker. Richard Harmon, 17610 E Mission: said the area in question is between Flora and Sullivan; and
that he believes council is considering raising the speed limit to 35 from 25; he said he feels 25 is not fast
enough for that area as there are no residents; and if council keeps it at 25 it will result in people getting
tickets and getting angry as a result; said he feels 35 is appropriate and according to the traffic studies,
people are driving about 45 or 40; and said people will likely drive that fast now since there is nothing
there. Melissa Bolton, 1107 N Tshirlev: said she supports raising the speed limit to 35 on Indiana Avenue
Extension; she said she is not referring to Mission Avenue east of Flora; and hopes that council treats that
as a separate neighborhood; and supports lowering the speed limit on Mission as it is a busy street; and
she asked Council to consider the speed study that was conducted. Mary Pollard. 17216 E. Baldwin: said
she feels if we compare our city to arterials in Spokane, Millwood and Liberty Lake, that most arterials
are 30 mph; and said it would be good to universally make those streets 30. There were no other public
comments.
Councilmember Woodard said when council last discussed this, it was his understanding we were
bringing it back at 35 up to the parkways, and then 30 from there to the roundabout; and said if he
misunderstood that, he would like to make an amended motion now, for 35 up to the divided parkways,
then 30 from there to the roundabouts. The amended motion was seconded by Councilmember Grassel.
City Manager Jackson asked Traffic Engineer Note if that is in conformance with the study, and she
replied it would not be conformance with her recommendation. Councilmember Grassel said it has been
heard tonight that the request by the neighborhood is to extend the 30 mile from the Indiana and Mission
Parkway all the way to Barker because of the future school, future park and current traffic; and said it
would be confusing to change it to 35 and then 30 and then leave the other area 35 without going to
Barker; she said she understands traffic patterns but what seems to be missing from the recommendations
is the need for the pedestrians and bicyclists; that there is a difference in drive ability in going from four
lanes with a turn lane into all of a sudden, a one lane that heads into a roundabout that then heads into a
neighborhood; and she asked where that comes into play. Ms. Note said those are variables she
considered; she said those variables weren't included in tonight's packet but were likely included in some
of the original material when this first came to council back in July; that the 85% percentile speed is what
she primarily bases her recommendation on, but she also considers how built up the area is, what the
pedestrian and bicycle use is, she said she looks at collision history, and at the driveways, and all those
different factors are included into her recommendation; and she said part of the reason she still
recommends 35 on the area where it splits, is because there's nothing out there right now; at some point it
will get built up and then at that time it might be appropriate to re-study it; but because there are just
empty fields out there now, she said that is a big factor in keeping it at 35.
Councilmember Grafos said if it is just empty fields out there, why go back and study it and spend more
time on it in the future; why not just agree that we're going to have a motion that takes the speed limit to
35 to where it splits; it goes to 30, you amend the motion and you go from Flora to Barker at 30 mph and
it solves the problem and he said Council can move on to something else. Councilmember Woodard said
he accepts that as an amendment to his motion. Mayor Towey said what is before council now is an
amended motion from Sullivan to where it splits at 35, and where it splits to Flora at 30. Councilmember
Gothmann said this council is famous for looking out for the businessman; that it costs time, money and
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fuel to travel from point A to point B, and it costs more to travels 20 than at 35; he said he has been in
numerous cities which use 35 as an arterial speed limit; he said there were one hundred business people
who complained about the speed limit, he said he feels we need to accommodate these business people to
move at the geater speed; he said there are no accident statistics in the area in question; and if council is
interested in accommodating the business people, council should look at scientific evidence and make it
35 for the whole thing. Mayor Towey said he feels it would not beneficial to go from 35 to 30 to 35; and
that the Mission Avenue issue should be a separate issue to be addressed sometime in the near future.
Councilmember Woodard said the businesses were concerned about the area from the parkway to
Sullivan and were not worried about the parkways; he said car counts since 2009 have doubled and it will
double again in the next two years; and if we make the parkways 30, it might give more impetus to get
right on mission, and said he'll make a motion right after this one fails; he said signs will have to be
changed twice; that he addressed what the neighborhoods wanted as well as what the businesses want,
they want the five lane back to 35; and he said he is fine with that and never intended it be 25. Deputy
Mayor Schimmels said by taking that short area in the lower speed limit against east of Flora, that is
building a speed trap; that it is unenforceable and doesn't make sense to take that short stretch of road and
drop the speed limit, and said council can come back later and change it. Councilmember Hafner said
regarding going from 35 to 30 to 35, if it is later determined that decision is wrong, council can come
back later and change it; but at this stage, it should be left at 35 until we find out differently that that isn't
working.
Mayor Towey invited public comment. Pete Miller, 18124 E. Mission: said that second study she gave
council, she believes the 85-percentile speed was 39 mph, so if the engineering department is going to set
speeds as per that 85�` percentile, you would have to raise the speed limit on Mission to 40. Richard
Harmon, 17610 E. Mission: regarding Flora to Sullivan, he said he understands people want to slow it
down before they get to Flora; and said through the area now, there are no businesses, driveways or
anything and if you put it down to 30 now you would probably be setting a speed trap; but it could be
addressed in the future once businesses move in; and said there needs to be a way to assure that people
will slow down before they hit the roundabout; and said he'd love to see council put an amendment on
tonight to add Mission between Barker and Flora and take care of it all at one time. Mary Pollard, 17216
E. Baldwin: she said people don't understand how to drive a round-about; that she spoke with Inga who
told her that the 20 mph is an advisory speed before getting into the round-about; and said they put that in
their survey, and about 20% of those they surveyed felt the round-about could be safely driven at 20 mph;
and said when you do everything scientifically, the human factor is left out. Councilmember Grassel said
she has driven the area in question several times; that she has previously suggested council look at a
three-tiered system: major arterial, minor arterial, and residential; and said she feels Mission would
eventually be considered a minor arterial as well as the parkways; that the amendment is a fair
compromise to make it 35 mph where it is four lanes with a center turn lane in the business zone, and at
the parkways it clearly changes to residential. Councilmember Grassel said council has heard from
residents asking why council is being so defensive on this based on some traffic engineer's opinion;
which is fine, and which she said council should consider that; but there are human factors that haven't
been considered; and the business community and the neighborhood community would be happy with this
amendment of 35 to the parkway, and 30 to Barker. Mayor Towey stated again that the amended motion
before council is from Sullivan to the split at 35, and then from the split to Flora at 30. Mayor Towey
said if this gets passed, council could make a separate motion to address the Mission Avenue. Deputy
Mayor Schimmels called far the question, which was seconded. Vote on calling for the question: In
Favor: Unanimous. Opposed: None. Motion carried. Vote on the amended motion of Sullivan to the split
at 35, and then from the split to Flora at 30: In Favor.� Mayor Towey, and Councilmembers Hafner,
Grassel, Grafos, and Woodard. Opposed: Deputy Mayor Schimmels and Councilmember Gothmann.
Motion carried. Vote on the main motion as amended to approve Resolution 11-009 which changes the
speed limit as noted, Sullivan to the Split would be 35, and from the Split to Flora at 30: In Favor:
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Deputy Mayor Towey, and Councilmembers Hafner, Grassel, Grafos and Woodard. Opposed: Deputy
Mayor Schimmels and Councilmember Gothmann. Motion carried.
City Manager Jackson said it is council's practice ahead of time, to identify those issues that are being
brought to council for motion; and that it would be very atypical to just come up with a motion tonight
because there are citizens who may not be aware that Council would be considering a motion to adjust
that speed limit; and said that the law states the criteria that council should consider as council looks at
the speed limit on the remainder of Mission; that Council has not yet received a full report or
recommendation from the traffic engineer on that portion of roadway; and he therefore suggested this
issue be brought back to initiate discussion to change that speed limit; and could come back with an
administrative report on that section of road. Councilmember Grassel asked if staff could bring back the
Mission motion in the next few weeks and Mr. Jackson said yes, with Mayor Towey noting the earliest it
could come back to council would be November 29. There were no objections from council. Mayor
Towey called for a recess at 8:01 p.m. and reconvened the meeting at 8:15 p.m.
6. Motion Consideration• Stormwater Grant New Decant (Vactor Waste, Facility Neil Kersten
It was moved by Deputy Mayor Schimmels and seconded to authorize staff to submit an application for a
stormwater grant for the proposed decant facility. Public Works Director Kersten explained that at the
November 1 council meeting, Council voiced no objection to staff proceeding with applying for two
stormwater grants, and that they requested additional information on the proposed Decant Facility grant.
Via his PowerPoint presentation, Mr. Kersten discussed the stormwater structure, including the number of
drywells, catchbasins, curb and sidewalk inlets, and pump stations, and said only 1,262 drywells are in
swales and meet current design standards; he said maintenance is needed every three years; and that they
can only perform annual maintenance work on about 212 drywells, 457 catchbasins, and 100 curb and
sidewalk inlets; he said that assessment of all drywells must be completed by February, 2013 and they
must prepare and implement a schedule for retrofitting following Department of Ecology's Stormwater
Manual guidance; he explained 2010 hauling costs and compared that to the proposed decant hauling cost,
showing an annual savings with the decant hauling of approximately $60,000; and said it will also save
$7,000 in landfill disposal costs, and result in a 65 to 85% increase in the number of structures cleaned;
all with no additional city staff, and without increasing our contract.
Mr. Kersten said the final decant facility project will be based on available funding, engineering study,
and the Department of Ecology's requirements; and staff will come back to Council with detailed facility
concepts and cost estimates prior to proceeding with the project. Mr. Kersten mentioned the November
10, 2011 letter of support from the Washington State Department of Transportation (WSDOT), which
mentions there is no regional facility available in Spokane County for NPDES (National Pollutant
Discharge Elimination System) Permitted to handle vactor material and street sweepings; and said we
would propose including in the grant proposal, mention that we would partner with WSDOT. Mr.
Kersten said he met with representatives from AAA Sweeping, who also came up with a substantial
savings who felt we could save $40,000 annually by using the decant facility. Councilmember Grafos
said to do all this, Mr. Kersten is also putting in another vactor truck, and Mr. Kersten explained that there
would not be an additional truck; that the current AAA Sweeping truck would be used eight hours, but
currently, four hours of each day is now spent having the driver wait for the pellets to soak up the liquid;
but if we use this new system, the truck driver will be able to dump the materials, and then immediately
go back for another load; thereby he would be vactoring all day instead of sitting half a day waiting for
the pellets to get soaked up; which Mr. Kersten said will result in a huge increase in efficiency; and again
stated that no additional city staff will be required. Mr. Kersten mentioned that the City of Spokane has a
type of decant facility but they indicated that is for their use only; that he asked but was told we could not
use their facility. Mr. Kersten said WSDOT has offered their site at Pines as a possible facility location;
and said staff would research to try to determine which is the best place; he said he likes their location as
it is almost in the center of the city, and is therefore a little better location than ours; that WSDOT is fully
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Approved by Council: 12-13-2011
behind this and is willing to fund this as well initially with at least $150,000, and they are working on
trying to get more. Mr. Kersten said our total maximum match would be about $240,000; that WSDOT
would fund a large portion of that match and the rest would be grant; and he described the facility that
could be used for this proposal; and said they are still working to refine the numbers. If we were to get
the grant, Mr. Kersten said we would proceed with an engineering study in conjunction with WSDOT, the
Department of Ecology and the County wastewater group to determine exactly what would be needed for
this project; then prior to moving ahead, staff will come back to council with a detailed facility concept
and cost estimates; and the final determination will be up to Council's decision.
Councilmember Grafos said he understands from talking to Spokane County that they are going to build a
decant facility and that they are applying for this same grant. Mr. Kersten said he understands they are
proposing to build a plant on the north side of town. Councilmember Grafos said their plant would be
about the same mileage as going to the landfill now, which is about 26 miles. Mr. Kersten said they are
also talking about proposing one out here somewhere. Councilmember Grafos said the City of Spokane
takes some of their vactor trucks down to the sewage plant and unloads some of the liquid then takes them
to the nine-mile facility, but understands we can't use their facility; and said they are looking at building a
decant facility at Playfair; and said WSDOT told him that they would prefer to own the facility instead of
Spokane Valley, and if they built the facility, they'd have the liability; that we are over a sole source
aquifer and he asked why would we want to accept the liability; and if there was a decant facility in the
area or even at Hastings Road or by Playfair; we would have no expansion of our city government and no
liability. Councilmember Grafos said he spoke to AAA, and said though they contributed to his
campaign, that he (Councilmember Grafos) doesn't care who gets this contract and that this contract was
in place prior to his becoming a councilmember; and said regarding the figures Mr. Kersten showed on
the hauling costs, that they have the same figures and Mr. Kersten acknowledged that the figures are
AAA's figures. Councilmember Grafos said the total going to Graham Road, and compare it with the
costs of the loading and soaking, and said why not let WSDOT have the facility and therefore have the
liability as well and we could contract with them. Mr. Kersten said the ownership and the land issue
details have not been warked out, but WSDOT agrees they have a good site. Councilmember Grafos said
he did some research and some of the materials contained in these drywells include oil, grease, petroleum,
lead, copper, zinc, and asbestos which comes off the cars. Mr. Kersten said we have conducted tests far
our drywells, and there is no hazardous material; we take it to the Graham Landfill and it is used as cover
material, it is not considered solid waste; and we are required to test the materials several times a year and
we have not had that problem. Councilmember Grafos said he is adamantly opposed to the expansion of
this city and city government to build this facility for anywhere from $400,000 to $1 million and then
have to operate it; he said we might get the grant but that wouldn't cover the fixed overhead costs which
would increase with this facility over time.
Mr. Kersten said his job is to relay information to Council on what he thinks is a good decision for the
city, to improve the efficiency of the operation; that he makes a recommendation but the final decision
rests with council; that his goal is to give council the information needed in order for council to make a
good decision; and when he sees things that he feels are improvements to the city and can save the city
money, he'll bring those issues to Council; but it is strictly council's choice on how to handle that; and
because of the savings and the need to increase the vactoring to maintain the existing drywells in the city
so as to prevent more costs replacing the drywells, he feels it is a high priority; and said this is not
hazardous material and does not go into the ground. Councilmember Grafos asked if Mr. Kersten needs
two city employees far the vactor truck; and Mr. Kersten said no, that he occasionally has a city employee
monitor and work with the truck driver, but the truck driver is contracted; and said an employee
occasionally goes with the truck driver as a means to monitor the performance. Mr. Kersten said the
drywells vary as one might have eight feet of mud while another only has one foot; so we bid it by the
hour, but have to have some method to make sure the contractor is efficient and trying to get as much
done as possible; and said he sees that as the best and most fair way for the city and the contractor, as the
Council Regular Meeting 11-15-2011 Page 9 of 12
Approved by Council: 12-13-2011
contractor takes on less risk. In response to a question from Councilmember Gothmann, Mr. Kersten said
we could not have access to any other facility; that Spokane City has a facility but they are not interested
in us using their facility as long as we have a private contractor; because they have a concern that they
don't know what the load is, that it could be from an industrial park; and since they don't have that
control, they are not willing to work with us. Councilmember Gothmann said it is the City of Spokane
Valley's responsibly for Spokane Valley's drywells. Mr. Kersten concurred and said the drywells will
fail if we don't maintain them, that someday the 100-year flood will occur, and if those drywells are at
extreme diminished capacity, there will be homes that get flooded; and that we have a responsibility to
monitor that situation and make sure that doesn't happen; as it's just a matter of time, whether it's one
hundred years from now or next year. In response to a question from Councilmember Grassel, Mr.
Kersten said WSDOT cannot apply for the grant; that they would have to contract with someone else or
build it from their own funds; which is why they are willing to take their funds to use as match money;
and in this case the match money is 25%, which happens to be about the amount that they would use the
decant facility, while we would use it about 75% of the time, and said we would be the primary user.
Also in response to council question, Mr. Kersten said the deadline to apply is this Thursday.
Councilmember Hafner said if we apply for and receive the grant, at one particular point, can we elect not
to take the grant. Mr. Kersten replied that yes, we could elect not to take the grant; that we could go
through the process with WSDOT, work out the details of ownership of the site and how we would use
the facility; determine all the details and costs and do some preliminary designs; come back to council for
the decision on whether to proceed; and said we could decline the grant but would need some good
reason; and if that was council's decision, he said council would likely have a reason for such decision.
At approximately 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously
agreed to extend the meeting forty-five minutes.
Mr. Kersten said ownership of the facility would be part of the study and the grant would include the
facility and the study for such facility, as well as all the engineering; that everything would be included in
the project cost; he said if we get through the study part and preliminary engineering and see issues and
problems and come back to council and report that; and council decides not to move forward, Mr. Kersten
said he feels that would be fine to say we're stopping here and give the rest of the money back; that we
can't build the facility and here's why. Councilmember Grafos said if we apply for and receive the grant,
then we would own the facility, and still need the 25% match; and 25% of a million dollars would be a
$250,000 match. Mr. Kersten said regarding the million dollar facility he showed on his PowerPoint
presentation, he indicated previously that price went down to $800,000; and said that WSDOT could
cover at least $150,000 and they think they could get another $150,000; and said they will at least pay for
their percentage of use of the facility; but said the details would come out of the study. Councilmember
Grafos said we would still be over the aquifer if we built it; and Mr. Kersten replied that Spokane Valley
is over the aquifer. Mayor Towey invited public comments. Dan Allison. 1203 N Warren Road: said the
several years ago the City of Spokane had a composting division and the smell from that made it so they
had to buy a fairly large track of houses; and he asked if there is a smell to this; and ageed our City
doesn't need the liability. Charles Roach 14518 E Sha�rr�: said if we have 4700 drywells left we haven't
tested, how do we know we won't pick up any of these metals that we shouldn't have in our drywells.
Mary Pollard, 17216 E. Baldwin• said there has been a nonchalant idea that the entire Spokane Valley is
over the aquifer; but said North Greenacres neighborhood is over the best part of the aquifer; said
accidents do happen, and that this would be a bad place to have it because of the delicacy of this area so
close to the river; and she's prefer to have it on Pines. There were no other public comments. Vote on the
motion to authorize staff to submit an application for a stormwater grant for the proposed decant facility:
In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, and Gothmann.
Opposed.• Councilmembers Grassel, Grafos and Woodard. Motion carried.
PUBLIC COMMENT: Mayor Towey invited general public comment. Mary Pollard, 17216 E Baldwin
Avenue: she thanked John Hohman as she raised some concerns about the quality of concrete in an
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Approved by Council: 12-13-2011
adjacent development and that Mr. Hohman was very responsive; that an engineer came out and they saw
curbs that were completely eroded.
ADMINISTRATIVE REpORTS:
7. Plannine Commission Revised Rules of Procedure Scott Kuhta
Planning Manager Kuhta explained that the City code requires the Planning Commission to adopt Rules
of Procedure, subject to approval of City Council; and that the rules are to be reviewed and updated every
other year. Mr. Kuhta explained that the Planning Commission voted to approve the amendments to the
Rules which include changing "Old Business" to "Unfinished Business" and in the public hearing section,
to state that it is the Chair who calls for the vote on the motion and not the Secretary. In addition, Mr.
Kuhta said that the members discussed changing the election of officers from December to January so the
new members could participate in that election. Discussion ensued regarding the election and
determination of chair and vice chair, and Deputy Mayor Schimmels suggested stipulating that the
commissioner must be in office for at least one year before they would be eligible to hold office.
Councilmembers concurred. Council also agreed to the January election and if there is no chair or vice
chair at that first meeting in Januaty, that the Secretary would open the meeting until the chair was
selected. There were no objections to staff bringing this back for action at the next council meeting.
8. Code Text Amendment 04-11 Rec �� Facility — Mike Basin�er
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; and that
the current City Code permits recycling in Light and Heavy Industrial zones. He explained that the
Planning Commission conducted a public hearing and at the hearing's conclusion, voted five to one to
recommend approval of the proposal. There were no objections to staff bringing this back for a first
reading at the November 29 council meeting.
9. Acauisition of Brown's Park — Kelly Konkri h� t_ postponed
In the interest of time, this agenda item was postponed to a later meeting.
10. Criminal Code Maximum Penalty Gross Misdemeanor — Kelly Konkri ht�_postponed
In the mterest of time, this agenda item was postponed to a later meeting.
11. Electric Lightwave Franchise — Kelly Konkri�ht
Deputy City Attorney Konkright explained that the agreement would grant a non-exclusive franchise to
Electric Lightwave, formerly Integra, to construct, maintain and operate telecommunication facilities
within the city's public rights-of-way for a period of ten years. Councilmembers asked why the agreement
would be a ten-year agreement, and if we currently use their facilities or might in the future, and if fiber
optic that is designated exclusively for the City's use is in a location where the City can use it. Mr.
Konkright said he would research those questions. Council concurred to have staff bring this back for a
first reading at the next council meeting.
12. Review of Governor's Bud�et Reduction Alternatives — Morgan Koudelka/Mark Calhoun
In the interest of time, this agenda item was postponed to a later meeting.
13. Advance Agenda — Mayor Towey
Councilmember Woodard said he would like to have council discuss the pedestrian flagging program; and
have further discussion on the general fund set aside amount for road preservation; Councilmember
Grafos said he would like to include quiet zones on an upcoming agenda; and Councilmember Grassel
asked to include a comprehensive discussion on speed limits, to include discussion on a three-tiered
system to include major arterials, minor arterials and residential areas. Councilmember Woodard asked
that the January 3 meeting be cancelled as some councilmembers will not be available to meet then, and
Council Regular Meeting 11-15-2011 Page I 1 of 12
Approved by Council: 12-13-2011
instead have the mayor/deputy mayor selection at the January 10 meeting, and council concurred as well
as have the councilmembers sworn in at the December 27 council meeting.
INFORMATION ONLY The Spokane County Library District Third Quarter Report and the
Community Development Monthly Report were for information only and were not reported or discussed.
It was moved by Deputy Mayor Schimmels, seconded and unanimously agi-eed to adjourn. The meeting
adjourned at 9:50 p.m.
� ��
ATTEST: � Thomas E. Towey, Mayor
� r ry ��
�.-� �G 1.1� �-_.
ristine Bainbridge, City Clerk
i
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Approved by Council: 12-13-2011