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2011, 12-06 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington December 6,2011 6:00 p.m. Attendance: Councilmembers Staff Gary Schimmels, Deputy Mayor Mike Jackson, City Manager Bill Gothmann, Councilmember Kelly Konkright, Deputy City Attorney Dean Grafos, Councilmember John Hohman, Community Development Dir. Brenda Grasse', Councilmember Neil Kersten, Public Works Director Chuck Hafner, Councilmember Mark Calhoun, Finance Director Arne Woodard, Councilmember Mike Stone, Parks& Recreation Director Steve Worley, Senior Engineer Absent: Rick VanLeuven, Police Chief Tom Towey, Mayor Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Deputy Mayor Schimmels called the meeting to order at 6:00 p.m. City Clerk Bainbridge administered the Oath of Office to Councilmember Hafner, and Ms. DeArth, Notary Public, administered the Oath of Office to Councilmember Woodard, followed by brief comments from each Councilmember. With the consent of Deputy Mayor Schimmels, Deputy Fire Chief Larry Rider explained that the Fire Department recently lost an employee, Firefighter/Engineer George Sly, who died November 22, 2011 after a battle with cancer; he said the funeral will be held this Saturday; and in memory to Mr. Sly, there was a moment of silence. City Clerk Bainbridge called the roll, and all councilmembers were present except Mayor Towey. It was moved by Councilmember Woodard, seconded and unanimously agreed to excuse Mayor Towey from tonight's meeting. ACTION ITEMS: 1. Second Reading Proposed Ordinance 11-019 Amending 2011 Budget—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Grafos and seconded to approve Ordinance 11-019 amending Ordinance 10-022 which adopted the 2011 budget. Finance Director Calhoun explained that as previously discussed, this amendment reflects changes that have occurred through the normal course of operations and affects a number of funds, as noted on his Request for Council Action form. Deputy Mayor Schimmels invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 2. Second Reading Proposed Ordinance 11-021, CTA 04-11, Recycling Facility—Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Grafos and seconded to approve ordinance 11-021, amending Spokane Valley Municipal Code Title 19 and Appendix A to allow recycling facilities in Corridor Mixed Use, Community Commercial, and Regional Commercial zones. Senior Planner Basinger explained that this is a privately initiated text amendment to permit recycling in those zones as mentioned in the title, and that there have been no changes in the Council Study Session Minutes 12-06-11 Page 1 of 10 Approved by Council: 12-27-11 ordinance since the first reading. Deputy Mayor Schimmels invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 3. First Reading Proposed Ordinance 11-022 Maximum Penalty, Gross Misdemeanor—Kelly Konkright After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Grafos and seconded to advance Ordinance 11-022 relating to maximum penalty for a gross misdemeanor, to a second reading. Deputy City Attorney Konkright explained that this changes the maximum penalty for gross misdemeanors from 365 days to 364 days to keep in conformity with state law. Deputy Mayor Schimmels invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 4. Quit Claim Deed, Brown's Park—Kelly Konkright It was moved by Councilmember Grafos and seconded that Council authorize staff to complete all tasks necessary to execute the transfer of the Spokane Valley Fire Department's interest in Brown's Park, back to the City. Deputy City Attorney Konkright showed on an overhead map, the area in question, said this transfer would be in fee simple, and reiterated that the City doesn't pay taxes on property it owns, but will incur stormwater and APA (Aquifer Protection Area) fund fees, which vary from year to year at about $400.00 annually. Deputy Mayor Schimmels invited public comments; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 5. Grant Agreements for Mansfield Avenue Connection Project and Sprague Avenue Reconstruction Project—Steve Worley It was moved by Councilmember Grafos and seconded to authorize the Mayor to sign the TIB Fuel Tax Grant Distribution Agreement for the Mansfield Avenue Connection Project and the Sprague Avenue Reconstruction Project. Senior Engineer Worley explained that we were successful in getting grants for two projects and he brought Council's attention to the revised Request for Council Action form showing the further funding break down for each project; said we have funds to do the design and right-of-way; that the Mansfield Avenue program will be designed in 2012 with an anticipated construction schedule of 2013; that the Sprague Avenue Project bid will be advertised no later than March 19, 2012, with notice to proceed given to the successful contractor no later than May 18, 2012; and said if we don't meet those dates, the funds are automatically rescinded. Mr. Worley explained that to move ahead, TIB (Transportation Improvement Board) requires the Mayor to sign the Fuel Tax Grant Distribution Agreement. Deputy Mayor Schimmels invited public comment; no comments were offered. Councilmember Woodard said that these projects should be included in the discussion on tonight's agenda item #7, capital projects. Mr. Worley informed Council that staff is planning a reconstruct project from Evergreen to Sullivan next summer, and that it will impact traffic and businesses along Sprague, but said staff will do everything it can to minimize public and businesses as much as possible; that staff will be meeting tomorrow with a large group of people, including contractors, designers, and engineers, to try to come up with the best possible way to stage the construction to keep the impact to a minimum; and that staff will hold an open house and invite all those concerned for their ideas, questions, and comments. Councilmember Grafos asked about the signs on Progress and Sprague about removing a stop light. Mr. Worley explained there was a consideration of possibly removing that light since the grocery store is no longer there,therefore the traffic needs are not there, but added that whenever they look at removing a light, according to the MUTCD (Municipal Uniform Traffic Control Devises), staff is required to put signs up saying this signal is under study for removal; and said this gives the public the opportunity to contact us; he said the traffic engineer has received numerous comments about how people use that signal to cross the street, and based on pedestrian use, staff may consider leaving it there, and said he doesn't think TIB would have a problem if the signal stays for pedestrian uses. Mr. Worley said that the older signal at Adams will be completely replaced. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. Council Study Session Minutes 12-06-11 Page 2 of 10 Approved by Council: 12-27-11 NON-ACTION ITEMS 6. Gateway Signs—Mike Stone Parks and Recreation Director Stone went over his PowerPoint presentation explaining about the site location, conditions, sign concept, turf, ornamental plantings, and cost estimates for two different concepts, and mentioned some potential additional costs amounting to about $6,000. There was discussion on the signs in general, mention of including or partnering with the Arts Council to perhaps put up another piece of art but having it large enough so drivers could see it without getting out of their car, since the site isn't very assessable for pedestrians, similar to the entrance to Coeur`d Alene; and of the need not to obscure the view or negatively impact traffic. Councilmember Grassel suggested having a paver with the donor's name on it. Mr. Stone said he is familiar with the concept, but donors generally like to bring family or friends in to see the site, and this might present a challenge; but that if council were interested, staff could look into the idea of potential sponsorships. The idea was mentioned of including individual volunteers as well as service clubs such as Rotary or Kiwanis; to make sure any volunteer workers would be in a safe environment, of the need to have any work monitored; that this would be for the first gateway into our community, and we want to make a good first impression and have a nice entrance, and to possibly include some art. It appeared that at least several councilmembers liked Concept #l, and Director Stone said he senses the concept is acceptable, but the financing needs some help, and said he could go back to see if any of the financial impacts could be reduced with the help of volunteers. 7. Capital Projects List—Mark Calhoun Finance Director Calhoun explained that included in tonight's packet, is information for potential 2012 and beyond, capital projects; said we don't have enough time or money to complete all the projects listed on the second page of the Request for Council Action (RCA) form, but would like to discuss how we might finance some of the projects, and he mentioned current revenues, possible use of bonds, the $1 million in the street capital improvement fund, and another $500,000 in the fund for street preservation, about $1 million in the Aquifer Protection Area Fund, and said there are also REET (real estate excise tax) funds which are historically used as a match for street and park related capital projects; and Mr. Calhoun mentioned that the figures in his information include the projects just approved tonight under agenda item 5. Mr. Calhoun said the list of projects is a result of a group effort from the department directors and that it is not an all-inclusive list of capital projects; and said the total estimated cost for the projects as shown on his RCA is$13,120,000. He asked for council input. Councilmember Grafos suggested his priorities as the Sprague landscaping/stormwater project at $630,000; the $80,000 for the consultant to do the design work for the quiet zones on Park and Vista; the West Gateway project at Thierman at $120,000; and that the area of University and Appleway by the Cup of Joes Restaurant might be a good area for the Arts Commission art for about $100,000. Mr. Jackson said these other projects could go on our long-term goals, and eventually they would get done, but that it's just a matter of priorities for 2012. Mr. Jackson said reference the area by Cup of Joes, that staff met with the County and will meet again for further discussions, and if we move forward with the Old Milwaukee right-of-way, it could be a trailhead, so we might want to take a little bit of time to see if that would be a trailhead, then we could design it once and accommodate all those needs. Councilmember Woodard asked if those are in addition to the temporary fix on Sullivan as well as funds committed tonight for the Mansfield and the Sprague projects, and Councilmember Grafos concurred. Councilmember Gothmann said he liked Councilmember Grafos' list but asked how it fits in with street preservation. Public Works Director Kersten explained that the Sprague Swale upgrade is through APA funds and doesn't affect any of this, but that we might consider we could have a grant since we are applying for the grant and that we could know around January, so we might use the APA funds or a grant, but said it does not affect street preservation; that railroad quiet zones don't have anything to do with street preservation, nor does the University Appleway landscaping; and said he agreed with Mr. Jackson Council Study Session Minutes 12-06-11 Page 3 of 10 Approved by Council: 12-27-11 that we would want to explore how that might be a trailhead start; he said staff is working on the preservation number and it appears for arterials only we have a shortfall of about$4.7 million a year, that residential roads will be approximately two or three million a year on top of that; and said there is the need to keep our roads in good condition over the next six years; that we moved, as a one-time funding mechanism, $500,000 from the street fund into the preservation fund, which will help some; and said part of that $4.7 million includes a couple million either in the current maintenance street fund budget or grants; and said we are counting on receiving a couple million dollars a year in grants; but that the figures are preliminary. Councilmember Gothmann said he is concerned that we don't neglect the preservation problem. Councilmember Grafos said by the February retreat, we should have more firm figures, and Mr. Kersten said that is his plan. Mr. Calhoun said of the three projects noted by Councilmember Grafos, the $80,000 design for the quiet zones, the West Gateway at Thierman of $120,000, and the University Appleway of $100,000, those collectively are $300,000; and said defining what we would to do in 2012 still leaves the issue of determining how to pay for those; and said there is $500,000 in the street operation and maintenance fund and another source of revenue would be Fund 311. Councilmember Grafos said we have the funding through APA to do the Sprague/Stormwater projects, so we could start that in the spring. Mr. Calhoun said the question for consideration, is the $300,000. Councilmember Gothmann said perhaps staff could take those three items suggested, and come to council with a plan, and Mr. Calhoun agreed. Councilmember Woodard asked about the Millwood Trail and the Greenacres Trail, and whether Mr. Kersten should submit those applications. Councilmember Hafner said street preservation is his top priority; and until council has the information that tells where we are, and since we won't get that information until January or February, he said he hesitates to further prioritize. Mr. Kersten said on the first page of Mr. Calhoun's RCA concerning the REET funds, this shows only what we know in terms of grants we are getting, but in 2012 and 2013, there will be another call for grants from TIB, and could be federal calls for grants as well, but we don't know all the other grants that might be preservation-related; and said he'd be cautious of using any of the REET funds, as if we get any of the other grants, we would need the ability to provide a match. Mr. Kersten also explained the difference between a reconstruction project and a preservation project, and said if we let some of these streets get too deteriorated, then they would be past the ability to preserve it and at some point the road project would slip into a reconstruction project. Councilmember Grassel said she agrees with Councilmember Grafos' list, and would like staff to bring this back after the first of the year to explain how the different funds could be used, and which projects could be crossovers to preservation. City Manager Jackson said staff will prepare the list knowing council will want to come back with further discussion on street preservation, especially when the new revision of the Master Street Plan is completed. Councilmember Grafos said he wants to move forward now as prices are down and these projects are less than $1 million, but said if we sit here and wait until we find another four to five million, we'll end up doing nothing; that we have been talking about the swale project since 2009 and it's time to move. Mr. Jackson said staff will prepare the list of projects and bring that back to council, and then move toward an appropriation for the 2012 budget, and council can make that final decision. Councilmember Hafner asked where the quiet zone fits into this and Councilmember Grafos said it falls under infrastructure, and livability of the city, that it will take three to four years before it gets moving, and Councilmember Gothmann agreed that the study is just the first step. Deputy Mayor Schimmels called for a recess at 7:35 p.m., and reconvened the meeting at 7:45 p.m. 8. Street Maintenance Contract Renewal—Neil Kersten Public Works Director Kersten said that prior to 2007, Spokane County handled all our street maintenance and snow removal; he said the issue was they lacked the resources and staff necessary to do the work we needed to have done, and as a result, we developed a transition plan with the County; they were interested in getting out of the business so we put together a formal plan where we would start to take over some of these items and bid them out for contract; that in in the past, staff developed some Council Study Session Minutes 12-06-11 Page 4 of 10 Approved by Council: 12-27-11 concepts on combining this contract, Street and Stormwater Maintenance where it would be one contract, to help minimize staff administration and oversight on activities and to give contractors a project on which to bid; he said staff met with council to discuss the concept of a multi-year contract that we would bid out to private contractors, and council approved that; that staff put out the bid but only received two bids, one from Rock Products, and one from Poe; and staff recommended awarding the contract to Poe, and he brought Council's attention to the motion which was approved at the April 2007 council meeting; and he said that was the first year of the contract. Mr. Kersten said the contract was for one year with several renewal options, and said the next agenda item for Street Sweeping is very similar; he said doing multi-year contracts helps contractors plan ahead and determine how to buy equipment and how long they can amortize that equipment; and said we end up getting better and more competitive costs by having the longer term contract. Mr. Kersten said Poe has been doing that since 2007 through this last year, and said they have done a great job for us; last year Council approved the contract,that originally the contract was $1,175,000; and as we started developing funding for the street maintenance fund, we were able to bring in more funds to help handle the preservation costs; so we increased that contract specifically for preservation projects, which raised it from $1,175,000 to its current amount of a little over $1.5 million; out of that $1.5 million there is approximately $1.1 million which is purely for preservation projects, those projects like the one done on Sprague from Fancher to Havana. Director Kersten said we have a good, long-term preservation plan, and as you go through a winter you project when you think those roads move from preserving the road to reconstructing the road; and said the $1 million gives us the ability to come in quickly as we see roads in the spring that are falling apart, and take care of those critical roads that deteriorated faster than anticipated; he said this process has worked well and many roads were done last year, including Euclid, Indiana in front of the mall, Fancher from Mission to Trent, the Sprague project, and the hill on Bowdish; and said we are not doing entire areas but when the bad spots are noted, they are taken care of. Mr. Kersten said this has also proven to be very cost effective as the bid rates are hourly rates and overhead and profit, so overall we are able to do the projects for less instead of putting together designs and going through the full bid process. He said these smaller projects are not cost- effective to bid them out; and if we had to go through the bid process, we usually end up waiting another year. Mr. Kersten said we plan to keep the contract amount at the $1,545,000 amount. Mr. Kersten said we discussed the snow process about a year ago, and last year we approved a temporary contract to Poe for $700,000 because we didn't have time to bid all the snow items, but last year we were able to get that bid out, so the majority of the snow plowing needs were bid out to about seven different contractors, with the bulk of that $700,000 being dedicated to those contractors. Mr. Kersten said essentially all we are using Poe for now is for their drivers, and we have two graders where we purchased the wing blade that can be used with the grader, that the wing blade enables two lanes to be done at once; we own that wing and it fits on Poe's graders; so he said we use their two graders and their staff. Last year we spent $132,000 total with Poe; and said we would like to increase this contract another $140,000, which is just for that part of the snow removal, and the remaining part of the snow removal, we already bid the grader process and have again six contractors lined up, and said Mr. Jackson has been approving most of the contracts, and most are ready to go. Mr. Kersten said those contracts are primarily for the residential areas; and said there is no increase in the total amount of the contract, we are just shifting a little to Poe mainly for drivers since Poe's drivers have been trained and are familiar with the trucks and with the city; and said Poe has worked well for us. Mr. Kersten said most of the contractors we had last year are coming back this year which is beneficial. In terms of cost, Mr. Kersten said Poe's hourly rates went up by an average of 2.6%, and he referenced the large spreadsheet and explained the data. Councilmember Grafos asked if these are the prevailing wages or are these wages higher than what we are required to pay by law, and Mr. Kersten responded that the operator is about $1.50 higher than the state wage rate, and said that rate is a union rate.; that we pay the union rate and that a minimum we have to pay the state wage rate; but if the union negotiates a little higher fee, than Poe has to pay that union rate. Councilmember Grafos said Poe has to pay that rate but we don't. Mr. Kersten said that would be their costs; and the contract we have Council Study Session Minutes 12-06-11 Page 5 of 10 Approved by Council: 12-27-11 agrees that we will pay their costs of labor, equipment and their asphalt, and they can add an overhead and profit; so that is what it costs Poe, otherwise, Poe would have to essentially "eat" part of their costs, which is not the way the contract's written. Councilmember Grafos asked especially on the street and stormwater maintenance contract, if it would be advantageous to re-bid this since things have changed since this contract was originally awarded; that Rock Products came to a council meeting a few meetings ago and expressed an interest in bidding one of these contracts. Mr. Kersten explained that Rock Products did bid this contract back when Poe bid it, but Rock Products' rates were higher than Poe's; that they have the same issues and the same labor issues as Poe; and said we would likely not save any money in terms of labor by switching to Rock Products. Councilmember Grafos said he would be curious to have it bid. Mr. Kersten replied they had a chance to bid and they were higher, and acknowledged that no one has re-bid this contract since 2007, and said having this contract re-bid is something council can decide; that when staff met with the previous council, the long-term contract was discussed and these terms were set up; that it gives the contractor the assurance that as long as they are doing a good job, they will have a contract every year; and that in turn ends up giving us a lower rate. Councilmember Grassel said this contract isn't lower since we are paying $1.50 above prevailing wage. Mr. Kersten said that Rock Products had the same issue, but theirs was even higher; and they use the same unions and there is no difference. Councilmember Gothmann said he feels this comes down to the question of whether or not to bid these every year, and if we do, the costs will be higher; or bid for multiple years so the contractor can amortize out their equipment, and said he feels we should stay with the "word we gave and go with the seven years." Mr. Kersten said he would not recommend bidding out the contract each year as it would be more costly,but if council wants that bid annually, staff can do so. Concerning the time it takes to get a bid prepared, Mr. Kersten said for the summer work he would recommend hiring a consultant to help build the bid; that the rules for public bidding are complicated, especially on a maintenance contract, and he'd recommend we get it ready this summer, and bid it in late summer for the following year. Councilmember Hafner asked if it would be possible to bid that for 2012, and Mr. Kersten said it would be very difficult. Mr. Jackson confirmed that this contract runs through the end of 2014, as there was one initial term with seven renewal terms. Director Kersten also explained that this could be bid for any desired term, whether one, two, seven, or how many years desired, but again, recommended the one year with seven renewals, and stressed that is up to council's discretion; but said trying to bid it for this year likely won't be possible. Councilmember Woodard said he would liked to have seen the actual contracts; that he has heard rumors of some of the issues in those contracts and that he feels those are unreasonable at times which actually runs the cost higher; and before he votes on this and the next item, he would like to read through the contracts. Mr. Kersten urged Council to let staff know if they have items of concern so staff can address those issues. Councilmember Gothmann said he feels the obligation to the citizens is to get the lowest possible total contract. Mr. Kersten stated that the other big item is the benefit of the contractor learning the city, learning how to work with our staff and vice-versa, to make the operation as efficient as possible; and if the different bidding contractors vary by several percentages, one contractor could still end up costing double of another contractor based on the way the work is performed and said Poe has worked with us extremely well; when we have potholes, they come in and do the grind on multiple potholes at once, so our costs are way down compared with a contractor coming in and doing one or two at a time; and said Poe makes an effort to work with us to minimize the cost and be as efficient as possible; and said Poe has done a great job. Mr. Kersten said he has no reason to recommend re-bidding; that if we get a different contractor, there will be risks to consider, one of which will be at least a couple year learning curve, which means it will cost more the first couple of years, which again gets back to the multi-year contract; but if they don't perform, then at our option we can tell them they're not doing as expected, and we would re-bid. Councilmember Grafos said he agrees with what Mr. Kersten said but said we don't know that as this contract was negotiated in 2007, but that he would like to see us at some point, re-bid this contract to make sure we have the best price. Mr. Kersten said he is making his recommendation; but Council Study Session Minutes 12-06-11 Page 6 of 10 Approved by Council: 12-27-11 if Councilmember Grafos doesn't agree with Mr. Kersten's recommendation, that Councilmember Grafos has the discretion to discuss that option with the rest of the council; and if council determines that is what they would like to do, then Mr. Kersten said he'll re-bid the contract. Councilmember Grassel said she agrees with Councilmember Grafos and would like to see it re-bid; that if Poe has a contract with the City of Spokane Valley, it seems to her that Poe is taking advantage of us knowing that we won't re-bid the contract, so it's easier to ask for higher wages since there is no accountability; and she said another option she would like to see pursued would be to go back and negotiate better numbers on these wages; that they should be in line with what the state requires and nothing above that. Mr. Kersten said that would be a different term of contract than what we have agreed to; that he can give council all the details of all the overhead, and all the other details; that he sits down with Poe each year and they document what it costs them to pay their employees; so on top of that,the only change they have is their overhead and profit rate; so the contract is at cost; and if they can document what their costs are and the increases, which he said they have done, then we owe them that fund; that those costs are not inflated, but are their actual costs; and Mr. Kersten said it would be the same for any contractor we might have. Mr. Kersten stressed that the great aspect of this contract is that if we don't need them, they don't work and we don't pay for them; and said he can bring back further data showing our costs compared with the City of Spokane, which shows that we are at a fraction of the rate per mile for snow removal; that the City of Spokane has forty- nine employees for snow removal, they have twice the amount of streets we have; and reiterated that because of the drop in the cost of materials, the overall contract will be about 2.6% lower than the previous year. Mr. Kersten said staff tracks the cost of projects compared with projects that are bid, and doing them this way it costs us considerably less than what it costs to go through the bid process. Councilmember Hafner said if we are so concerned about this, and that we haven't had a bid on this since 2007, that he suggests next year Mr. Kersten prepare a bid form and go for the 2013 and 2014 and bid it out; that way it solves all the problems. Councilmember Woodward suggested that if this is going to be put out to bid, it should be not to complete an old contract, but to open a new contract, and to bid it out with a one year plus five under the bidding conditions we are under and see what we come up with; as it should give an equivalent reference for comparison purposes; and Councilmember Hafner said he would agree with the five, but doesn't like seven years as it seems too far out; and asked Mr. Kersten if the case would be the same whether it was for five or seven years. Mr. Kersten said he believes it would not be, but will bid it however council determines; as he believes having the seven year contract is the most cost effective for the contractor as it allows the contractor to amortize his equipment over a longer period of time and that the overall costs will be lower; but if you start to close that period, the contractor will increase his costs accordingly to cover that. Councilmember Hafner said if that's the case, then he suggested doing the seven years and get a comparison. Mr. Kersten also noted that if we would start to take the position that we're going to re-bid this halfway through, even though the contractor is doing a good job, that will also hurt the bid; and said if we don't intend to follow through a seven year contract even if they do good work, then the contractor can't really rely on that, and said in that case, he would bid it like a one-year contract. Councilmember Hafner said somewhere we need a comparison to see what kind of job Poe has done, but that there is nothing to compare it to. Mr. Kersten said he would be glad to look at all Poe's paving projects and bring that back to show what their costs would have been versus bided projects of the last year, based on the same rate. Councilmember Hafner said if Mr. Kersten can provide that information it would be helpful; and Mr. Kersten said he does the comparison every year to make sure Poe stays competitive. Councilmember Hafner said he would like to see some comparisons. Mr. Kersten said he can also bring council a copy of the bid for the graders from a few weeks ago. Deputy Mayor Schimmels noted that a multi-year contract is a benefit to the contractor which benefits the city. Director Kersten said he'll bring back some cost comparisons for projects bid this last year compared with work Poe did; he'll bring back the grader bids, and copies of the contract; and details on the labor rates that show worker's Council Study Session Minutes 12-06-11 Page 7 of 10 Approved by Council: 12-27-11 compensation, FICA, etc.; and said if council decides they would like further information, he asked that Councilmember please give him a call, or if Council has further questions, to feel free to call him or Mr. Jackson. Mr. Kersten said staff will likely do another study session on this topic, but added that we would need to address the snow removal topic; and said council needs to feel comfortable with this issue. Councilmember Grassel said under the history of the contract, that she would like clarification as it looks like it was originally $1.175 million and now we are at $1.54 million, and that she would like to know how it increased so significantly. Mr. Kersten said as he mentioned earlier, we increased the contract when we did the utility tax fee as it brought in more revenue for the street fund; so we bumped that price up to give us more preservation work; so the increase wasn't because of costs increases, it was so we could do more work. Councilmember Grafos asked for comparisons on the equipment as well as on the wages; and Mr. Kersten said he feels there are likely standards we can use for comparison and said Washington State Department of Transportation will likely be a good source; and said he feels he would be ready for another study session admin report at the December 27 meeting; but that we need authority to move ahead with the $140,000 piece of this for snow removal; and perhaps bring that separately even though this amount falls within the approval authority of the City Manager. City Manager Jackson said we can bring this back and will likely do a change order to the existing contract; and said staff will research that course of action. 9. Sweeping Contract Renewal—Neil Kersten Public Works Director Kersten said this history is identical to the last agenda item; that it was part of the transition plan; in about the same timeframe we bid a similar contract for street sweeping; he said the original contract was $473,000 and this has gone up a little due to inflation, but we capped it; that originally we were using more than this with the County, but found some efficiencies in using the private contractor and found it actually cost us less; so we haven't had to increase this; and said that amount for the total contract is adequate; he said they have requested a 2% increase in their unit prices; and said this would be a little more difficult to get comparisons for but he can try and do some of the same things just discussed on the previous agenda item, and bring this back for discussion on the 27th as well; and said this too is for seven renewal years; and added that we could bid this issue much quicker and could possibly have it ready this year; as this is a simple contract. Councilmember Woodard again asked to have a copy of this contract, but not to send it via e-mail as he won't look at his e-mail; and Mr. Kersten said he will try to get some of the desired information to council next week. Mr. Kersten also mentioned that we aren't going to do any sweeping until March at the earliest, so this contract isn't quite as critical as the street maintenance. Councilmember Grafos said he is aware the contract work starts in March, and asked when they stop; he said he lives in the Ponderosa area and some of those streets have not been swept. Mr. Kersten said all the streets were swept; that this was one of those years when the leaves didn't drop until November; that there was no frost until very late October; and we had no rain or wind for several weeks; so that only leaves three or four weeks to sweep the whole city; and said the trucks are still out there today; and said if there are enough funds left, we'll try to come back and hit areas that were hit earlier to clean them up, provided the weather cooperates. Councilmember Grafos asked how we control the areas they sweep. Director Kersten said we have GPS, we lay out the areas and tell them which areas need it and let them know that areas like the Ponderosa with heavier debris are the priorities; and said we can't predict when the wind will hit resulting in the pine needles falling. Councilmember Grafos asked how many times they get around the city and Mr. Kersten said we have that information; that previously the County did a spring and a fall sweep of all the streets; and we do a spring and a fall sweep of all the streets, and sweep different arterials weekly to keep the high traffic areas clean so we can keep the drywells and bike lanes clean; and said we are doing many more passes on the streets for the same amount of money; and said he can provide that data as well and this can be discussed again at the December 27 council meeting. Council Study Session Minutes 12-06-11 Page 8 of 10 Approved by Council: 12-27-11 10. Law Enforcement Interlocal—Morgan Koudelka Senior Administrative Analyst Koudelka explained that this is a proposal from Police Chief VanLeuven concerning an Intelligence Led Policing position in category 2; he said the position was filled by a deputy who is no longer available; that the position requires a great deal of training and skills are typically beyond that of a deputy; that this one deputy was uniquely qualified, but there is no one to immediately step into that role; and the proposal is that the position be filled by a detective/corporal, which is an investigative position; he said the financial impact is $9,000 and Spokane Valley would pay about half of that. Mr. Koudelka said the legal review was conducted by Deputy City Attorney Konkright who did a thorough analysis of this and other changes in the contract, and concluded to be sure we are in compliance with state law under our form of government, that council should take official action on such changes, and Mr. Koudelka went over the information in the December 6 memorandum, the officer worksheet information, and the accompanying exhibit I. It was determined that the Amendment to the Interlocal will be brought forward for council approval consideration at the December 13 council meeting. At about 8:53 p.m. it was moved by Councilmember Gothmann, seconded and unanimously agreed to extend the meeting to 9:1 S p.m. 11. Police Department Accreditation—Rick VanLeuven Police Chief VanLeuven went over his PowerPoint presentation explaining the background, purpose and process involved with the accreditation process; said that a lot of time and effort went into the preparation for the accreditation and the preparation took over a year; and explained that there are only 54 agencies out of 274 in Washington State that are accredited; and of the 39 Sheriffs Offices in the State, only eight are accredited. Councilmembers extended thanks and congratulations to Chief VanLeuven and the officers for a successful accreditation process. 12. Advance Agenda—Deputy Mayor Schimmels Councilmember Grafos mentioned he distributed copies to council and the City Clerk of some information on the left turn median at Appleway and Barker; he said he met with the owner of the convenience store on the NW corner of Appleway and Barker Road, and said there is a divider there about 320 feet long on Appleway, and it impacts their business; he said the owners met with Engineer Worley and Traffic Engineer Note; that the owners would like to see if we could remove a portion of that divider so people can make a left-hand turn into their store; and they have a petition of about 220 signatures from customers who can't get in there; and Councilmember Grafos said he would like to examine that issue to see if we could do something to assist the store owner; and perhaps leave about 140 feet of the median. Mr. Jackson said staff will research the issue. Councilmember Woodard said he got an e-mail this morning from a fellow councilmember and said the e- mail doesn't adequately describe the situation with Valleyfest and the Lodging Tax funding; and said he takes objection to the tone and said he wanted to go on record to state that he was offended as that e-mail wasn't accurate. Councilmember Grasse] agreed and said although free speech allows us to speak as we wish, that one needs to consider if that is responsible; that she spent a good part of her day today responding to fraudulent statements made by a councilmember, and said she takes offense to that, and said she had to counter statements made, with the truth and reality of the situation; and said she feels the e-mail was a disservice to the constituents and wasted time of the public and of the councilmembers. Councilmember Grafos said he got that e-mail and felt it was misleading; that when council considers distributing taxpayer funds for these projects, council has to look at the importance of the event to the community, and said obviously Valleyfest is an important event that Council supports, but when asking for $40,000 or $50,000, it is important to properly complete the paperwork; and said Valleyfest is welcome to come back and reapply and said he is certain that they would receive some funds; and said the other thing that was left out of that e-mail was that Valleyfest previously received $19,000; and that this was the second request, but the e-mail was worded as if council wanted to run them out of town, and said Council Study Session Minutes 12-06-11 Page 9 of 10 Approved by Council: 12-27-11 v he feels that was not a fair representation of how this council feels. Councilmember Hafner said he has been on various boards, and when a majority vote is taken, the minority of that board will usually respect the majority vote and not represent a poor loosing attitude, and said he also took exception to that e-mail and said he feels there is a better way to handle such a situation. Councilmember Gothmann said he agrees there is a better way to take care of such an issue, and that it would be to discuss the issue in front of council, and said unfortunately,that has not been done. 13. Council Check-in—Deputy Mayor Schimmels. There were no further comments. 14. City Manager Comments—Mike Jackson City Manager Jackson said that previously Councilmember Woodard asked Mr. Koudelka about the duration of the law enforcement contract and the re-negotiations, and clarified that it is a four-year contract, and renews automatically; and said that doesn't preclude other council consideration, but that the contract is designed to be a long-term contract and that we don't intend to renegotiate the whole contract. Councilmember Woodard agreed that there would not be a need to renegotiate the entire contract, and stressed that he personally has no desire to have this city have its own police department; and that Chief VanLeuven and Sheriff Knezovich do a fine job. City Manager Jackson also noted that the Finance Committee met last Friday and said that council has heard about this issue as they have enrolled for their health care benefits for 2012; that the HR Manager has discussed this with councilmembers, and that this issue will be discussed next week; but during the finance committee meeting, it was explained that in 2006 after the city negotiated the original bargaining agreement, we determined that because there was a change in the health care benefits for employees, the resolution needed to be changed; so that came back to council for discussion; and on the first iteration of that resolution, it added city council to the resolution. Mr. Jackson said staff has researched this and it is a little hard to understand exactly why they included city council where previously that resolution only dealt with employee benefits; that it caused some confusion and even though at the time the staff presenter said it made no change to city council benefits, it did cause a cost increase to city council where council previously and since incorporation as verified by payroll records, received health care benefits at no charge; but that this would cause councilmembers to pay the difference between the two plans. When this item comes back next week to council, Mr. Jackson said council can either change the resolution to match the current practice, or change the practice to match the resolution; and he asked council to keep in mind the December 28 date for enrollment. EXECUTIVE SESSION: Land Acquisition; per RCW 42.30.110(1)(b)&(c) Councilmember Grafos asked if Council could have an executive session tonight on a possible land purchase. There were no objections. Mr. Jackson said he is not fully aware of the issue so council can go into executive session and staff may provide some advisement in terms of the scope of the discussion. It was then moved by Councilmember Woodard, seconded and unanimously agreed to adjourn into executive session for twenty minutes to discuss possible land acquisition, and that no action will be taken upon return to open session. Council adjourned into executive session at 9:16 p.m., and all councilmembers except Councilmember Gothmann attended the executive session. At approximately 9:36 p.m., Deputy Mayor Schimmels declared council out of executive session; and it was then moved by Councilmember Woodard, seconded and unanimously agre o adjourn. ATTEST: omas E. To ey, ayor (�1 Christine Bainbridge, City Clerk Council Study Session Minutes 12-06-11 Page 10 of 10 Approved by Council: 12-27-11 /14, /1-ek, hi /114,-1, ZAeefe) 4/6-• /0-6-i/ ettii,-A-def M '&--/2-k---. - CITY o • Public Works Department a Traffic Engineering 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 •cityhall @spokanevalley.org Memorandum To: Project File: Appleway—Tschirley to Hodges From: inga Note—Senior Traffic Engineer CC: Date: 1/4/10 Re: Left turn median at Appleway/Barker The signalized intersection of Appleway/Barker was reconstructed in 2008 along with the improvement of Appleway Avenue from Tschirley to Hodges. Raised medians were installed on Appleway for the length of the eastbound(EB) and westbound(WB)turn pockets. The property owner at the NW corner of Appleway/Barker has requested further review of the raised median and is asking for the creation of a gap to allow EB left turns into the Shell gas station. A June 10th memorandum on the intersection operation established a need for EB left turn queue storage of 103' in 2014 and 250' in 2030 based on expected development and increased traffic umes in the area. he existing 240' turn pocket and raised median will • • ••- .•e•uate •ueue storage for the 0 ear ti - •eriod. Building for a 20 year planning horizon is stall.and •esign practice and is consistent with 23 CFR 450.322 which requires metropolitan long-range transportation plans to address "at least a 20-year planning horizon". The purpose of the raised median or channelizing island is to ensure turning movements in and out of nearby driveways do not adversely impact the operation of the signal or become safety hazards. Under the Intersections - Islands section of AASHTO's A Policy on Geometric Design of Highways and Streets(page 626, 2001 Edition) it states that "Channelizing islands generally are included in intersection design for one or more of the following purposes: separation of conflicts, ...,protection and storage of turning and crossing vehicles,... ". At signalized intersections without raised medians, it is common for driveways to be placed further back in order to keep turning movements out of the intersection's turn pockets. Those that are placed closer to the intersection are either lower volume or may be limited to right-in, right-out movements using an island within the driveway. More than 30 of the signalized arterial intersections in Spokane Valley have raised medians on their major street approaches. This includes almost all of the arterial intersections in commercial areas. Those without medians are more often in residential neighborhoods. It 1/4- must be noted that each intersection is different, and the length of the turn pocket depends on a variety of factors including overall intersection volume,turning volume, type of signal phasing,number of lanes, expected volume growth and whether the signal operates as part of a coordinated system. Intersections with similar volumes and operational characteristics are listed below, along with the length of their medians. • Indiana/Valley Mall West: east and west continuous to next intersection • Indiana/Valley Mall East: east and west continuous to next intersection • Broadway/Fancher: north leg 300', south leg 290' • Sprague/Fancher: north leg 320', east leg continuous, south leg 330',west leg 300' • Indiana/Evergreen: east leg 560', south leg continuous,west leg 220' Installation of the median and limitation of driveway movements is consistent with AASHTO's A Policy on Geometric Design of Highways and Streets. Under the Basic Principles of Access Management(page 90, 2001 Edition), it says to "locate driveways and major entrances to minimize interference with traffic operations, and to use curbed medians and locate median openings to manage access movements and minimize conflicts". AASHTO also states"Ideally, driveways should not be located within the functional area of an intersection or in the influence area of an adjacent driveway. The functional area extends both upstream and downstream from the physical intersection area and includes the longitudinal limits of auxiliary lanes(page 733,2001 Edition)." Section 3.24 of the Spokane County Road and Sewer Standards states that"driveway approaches shall be constructed to avoid interference with existing traffic regulating devices". So the installation of the median to prevent conflicts between driveway and intersection traffic is consistent with the City's adopted street standards. If the median at the intersection of Appleway/Barker were removed, shortened, or cut the problems shown below will result. All three examples are safety and operational concerns that will increase accidents. • Vehicles will turn into the nursery or gas station driveway from the signal's EB left turn lane. If they cannot make the turn during the EB left turn's green phase(due to pedestrians on sidewalk, SB right turns on red, or vehicles blocking the entrance within the gas station property),they will hold up other vehicles in the queue and will interfere with the traffic flow through the signal. See Diagram 1 below. This could cause other vehicles in the left turn lane to sit through two signal cycles. These actions would violate the AASHTO standard quoted above to "minimize interference with traffic operations". 2/4 7 r SOLID will IP Willi . Il I '. .-F e![, IAD TOP, ko A I _Q _ 18' STOP— El 4 18 STOP ai / J1. 8'.SOIJO IX OAR �► I m. :: Tar. • • /, / .._ _ _. .,,��:_ _. _._._.• � _.• I Ili •' i 8 SOUO WHITE • - '\� 1• _tI �-x ID$ia O''ANON Q I aj► 'A.45+44.16 ` ,� V Gos 1-- til . a ' /i ,//„.„,,i vA.1 8 0 1 411 / / cm ■ / Figure 1 • The advance loop for the EB left turn movement is located west of the nursery driveway. If the median were shortened or cut, then traffic destined for the business driveway would be passing over and stopping on the EB left turn loop and triggering the signal phase unnecessarily. This would cause driver frustration from the signal serving the EB left turn phase with no vehicles there to use it, and lead to drivers taking unnecessary risks at the intersection. The city would likely receive an increase in complaint calls on the signal operation. See Diagram 2 below. These actions would violate the AASHTO standard quoted above to "minimize interference with traffic operations" and also the Spokane County standard to "avoid interference with existing traffic regulating devices". I e f 1. APPLEWAY AVE v�1�k°c� 46+00 0,Prt4 . 47- Ty'' 0 s(o m cat.. s,i"A nn- . 2 , ------------72------------- 7- . --------- - - , - -- - _ - .7- - Figure 2 3/4 ■ Much of the time the median would provide a protected area for deceleration. If the median were cut then some of the storage/decel area would be occupied by traffic waiting to turn into the driveway. This would require drivers to decelerate in the through lane and try to negotiate entry into the turn pocket ahead of the vehicles waiting for the driveway. This would lead to rear end collisions and possible blocking as they move from through lane to left turn pocket. See Diagram 3 below. These actions would violate the AASHTO standard quoted above to "minimize interference with traffic operations". QUO IAIITE• 4'j iP WWhE / \ % 1 r!t!�� YAI, *--E.:=3_ i t 4,41111* C a� - `"�--=" �- - mss+ .: -. a� • + ,% 1 STOP w1 _ b":SOI.IO 8" OAR I 4171117tiL. / PANG 0 A.) ty , I C.44., • �, t , L 1 for ® J� 8 il tif rtar- .‘ljlir oktY Iftl. i i Figure 3 In conclusion, creation of an opening in the median is not recommended. In our opinion the opening would create an unsafe condition and would depart from accepted practices in Spokane Valley. Cutting an opening to allow left-turn access would be contrary to the standards outlined in AASHTO and the Spokane County Road and Sewer Standards. The current design is also consistent with other signalized intersections in the City. 4/4 }:— , Cil —,_ ,-._ 1 0 1 N- . Q , ... . .0 , „-- ti. rt N r, .,.,.) ---- 6 U , ‘I) 1 - L • •N- ,f3 ma k k. . . ' :0,46, Tx) \D Q ‘,.... , tr, 4, __ .,.* kl k. "h....4.. % 1 N.a. ......., i ,..... N G t.1■--- <.. '\'• 0. c zi... .,1 ..,- V% 1.3 ICI (e k;,... p N. 141 bo ..'` . . %IA ‘ d_ e.\‘ ? N 1; c■ \.(\ \'''■).\, g. \c‘', 1.II ) , P P. €- 0 -'3---■ , V 14 .f+.1.210N 1 \ J 7 ry, Nov. 17,2011 JOCK AND KATHY'S FOOD MART 18616 E Appleway Spokane Valley Wa. 99016 jockandkathyfoodmart@comcast.net To The City Council of Spokane Valley In March of 2010 Jock and I decided to purchase a business from Paul Singh at 18616 E. Appleway. We new Paul had struggled with the divider on the West side. Yet due to the Stock Market falling in 2008, Jock being a very good Business Manager for Les Schwab for 32 yrs. decided we would take our remaining retirement and put into this business. We felt this would give us a monthly income. We were not expecting anything large just enough to live,and feel secure. After purchasing the Business we did not only fight the Divider which hindered a great deal, we've had road construction for the past 2 years. This last one did us in. When the sewer project had to be done and the whole surrounding area on the South of us was tore up. Part of the North west side and top that off, the freeway on the Northwest side as well. Rather than the State or City helping us stay in business, each of you fmically ruined us and what is sad, not only us but the people before us . Paul's niece and nephew had to go back to California as he could not afford them and also was set back fmancially . I have not seen where any of us meaning the Super Store, Jock and Kathy's the Exxon on the East side of Appleway and Barker getting any financial help. What is sad is we keep hearing where the government is to help small businesses when our own City won't come forth. And what really gets me is the City of Spokane Valley wanted to put thousands of dollars to turn the Sprague Apple way cordore back to the way it was , yet they can not take part of a Divider out to help a Small Business. On top of trying to stay a float , Jock was dig noised terminally ill.. Jock and Kathy food mart was something we dreamed of and felt we were going to be able to give back and help our community and be a asset to the City of Spokane Valley as we had been here for 25yrs and this was home. When Jock became ill I had more over head and with the help , the Road Construction and Taxes we have slowly started to loose every thing as I could not stay in business. Like Paul, MAHAR'S we all have taken our share of a hard beating financially. Jock and I are now facing a very insecure future.. Not getting any financial help from the City Of Spokane Valley to keep the business going ourselves, I am asking the council, to Please reconsider taking at least part of the divider on the west side out. Save another business from going out in financial ruins, as well as the safety of our customers. Sincerely, Katherine Lowry ENTRANCE TO JOCK AND KATHY FOOD MART If we have entrance on Appleway Ave.West, through the Divider, close to the Property line of Jock and Kathy Gas Station, it will help in many ways such as: (I) Cars will move smoothly in the lights cross - section Area (II) It will Avoid and Reduce the Accidents. (III) Emergency vehicles can also move smoothly through the light cross section. (IV) It will help the Business to keep open and help to have Jobs in this Bad Time of economy. (V) It will be a Great Help For the Small Business and Customers, will appreciate for this easy Entrance from Appleway Ave. West. (VI) It will be a asset as well for Emergency Vehicles, Vendors, and most of all Customer Safety. Time is MONEY. Neighborhood Residents & a long list of Customers and Vendors, Emergency Vehicles are in Favor of the Entrance from Appleway Ave. West. CITY COUNCIL claims Business, Employment & Economy Friendly, we should be given the Entrance through the Divider on Appleway Ave. West. Due to this Divider we the MAHAR INC. have already lost Two Business Owners 24 Hour Super Store & Jock and Kathy Food mart, as the large drop in customers. This has caused all of us great deal Financially and now we are getting ready to lease to a Third Owner at a much lower rate. Lets see if there is some kind of a compromise we can come to as if we don't these Businesses, will not be able to survive. II- Ito - ,0.0( ( t4 1 T\ -V koo 0 .y , _. (\ zoor\_c_ e 40n1 e z. StT\c0,-kkiz ,E, pk_oa-e_ ...-- cot; Nt. 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