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2012, 01-31 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington January 31,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson,City Manager Gary SchimmeIs,Deputy Mayor Cary Driskell, City Attorney Dean Grafos,Councilmember John Hohman, Community Development Dir. Brenda Grassel, Councilmember Neil Kersten,Public Works Director Chuck Hafner, Councilmember Mark Calhoun,Finance Director Ben Wick, Councilmember Mike Stone,Parks &Recreation Director Arne Woodard, Councilmember Kelly Konkright, Deputy City Attorney Rick VanLeuven,Police Chief Carolbelle Branch,Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ACTION ITEMS: 1. Senske Contract Renewal-Mike Stone It was moved by Deputy Mayor Schimmels and seconded to approve the second option renewal for implementation of the 2012 option year per Park Maintenance Contract number 09-222, with Senske Lawn and Tree Care in the amount of$680,801.26, and authorize the City Manager or designee to execute said contract amendment. Parks and Recreation Director Stone briefly summarized past comments and history of the renewal of this contract, and referenced the contract material council asked for previously, which was subsequently sent to council separately. Director Stone said that this contract includes a negotiated 1% increase to cover increasing cost of materials. Director Stone also stated that Senske and city staff have a very good working relationship, and that they are very responsive and customer-service conscious. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous, Opposed:None. Motion carried. NON-ACTION ITEMS: 2.River Trails and Improvements—Andy Dunau, Spokane River Forum Mr. Andy Dunau, Executive Director of the Spokane River Forum, a non-profit organization which promotes regional dialogues and events for sustaining a healthy river system while meeting the needs of a community; explained that the river is a wonderful amenity for citizens, is a significant economic development tool, that a river trail system would be free and help attract and keep tourists, and said the idea is to make it like a park or trail system. Mr. Dunau distributed copies of the "Spokane River Water Trail" map and explained as shown on that map, that access points along the water trail spread from the upper reaches of Spokane River from the Stateline downstream to its confluence with the Little Spokane River; the map identifies existing and potential river access locations, and Mr. Dunau explained some of the more prominent areas. Mr. Dunau also mentioned their stakeholder groups of over thirty participants, which get involved and volunteer time to make many programs a success; and said he encourages people to think about a major promotional event for the river, much like Valleyfest for the Valley; and once the event is decided, to determine how best to market that program. Councilmember Grafos said as Mr. Dunau develops his website he is sure the City would want to partner in that regard, and that perhaps the City could help with funding. In response to a question about the Department of Ecology (DOE), Mr. Dunau said they work well and closely with DOE, and said his organization received their first grant from Council Study Session Minutes 01-31-12 Page I of 6 Approved by Council:02-14-12 DOE; and also mentioned his positive work experience with city staff members Henry Allen and Lori Barlow. Councilmember Grassel said the Convention and Visitor's Bureau actively promotes the river water trail; and said she was told that the river is a major selling point for several conferences to come to our area. 3. Amendments to 2012 Budget—Mark Calhoun Finance Director Calhoun went over the background of the 2012 budget process, and said several capital projects were discussed but not included when the budget was initially adopted last November; he said this amendment proposal is at the behest of council's desire as a result of the December 6 council meeting, to include as budget amendments the West Gateway at Thierman estimated at $120,000, a railroad Quiet Zone Study at Park Road and Vista at approximately $83,000, and the Sprague Swale Upgrade for approximately $630,000. Mr. Calhoun said the amendment at this point would affect two funds resulting in a total expenditure increase of$750,000,which includes the$120,000 Gateway Project, and $630,000 for the Sprague Swale Upgrade. Mr. Calhoun said staff recently received an update on the Sprague Swale. Public Works Director Kersten explained that staff submitted the Sprague Swale for a DOE (Department of Ecology) Grant recently; that the original appropriation by the state was $22 million, but due to budget constraints the Governor proposed to reduce that to $8 million; and said those funds and the projects are in limbo since the $8 million has not yet been approved; he said the Sprague Swale project was approved under the $22 million list; but said whether it actually gets funded is unknown; and said staff can include the DOE update in the February 14 council packet; and said we should know about the funding likely in March. Director Kersten added that it was appropriated on the 2011-2013 bi-annual but said he is not clear if funds would be available in 2013; and said staff will research that for further clarification. Finance Director Calhoun said we could move forward and include the $630,000 in the budget amendment and if grants were approved, could come back afterwards for a subsequent amendment; and if the State didn't fund the project until 2013, we could simply hold off until then. Councilmember Woodard noted that the $360,000 for temporary Sullivan Bridge Repairs was included but from a different fund, and asked if that should be modified now that we know what that contract is. Mr. Calhoun said he would also follow-up on that. Regarding the third budget amendment of the$83,000 for the Railroad Quiet Zone Study,Mr. Calhoun said staff proposes that be paid for from Fund 311,which is the Street Capital Improvements Fund#2011. Mr. Calhoun said when the 2012 budget was adopted, it was with an appropriation of the entire fund balance in 311, of just over $1.8 million, but there was no specific project in mind at that time, and said there was an understanding between Council and staff that as we move to expend these funds, we would bring the issue to council beforehand for council approval; and said assuming council proceeds with the Sullivan Project at $360,000, a total of$443,000 would be committed which would include $83,000 for the Railroad Quiet Zone Study; he said the intent would be within the budget of the budget amendment, that the funds are already budgeted so it doesn't need to be amended for those projects; but within the budget of the amending ordinance we would include a statement identifying these monies as being committed and thereby memorializing the action taken by council. Councilmember Hafner said he is not in favor of moving forward with the Quiet Zone Study at this time as those funds could be used better elsewhere; he said the study would be for a specific area only and therefore, he feels this is not the appropriate time to pursue this. Councilmember Wick asked regarding the Aquifer Protection Area allocation, if there was a benefit of making that allocation prior to the end of the state legislation procedure, or should we wait until the end of the legislation process; and Director Calhoun said we could either move forward or wait, at Council's preference. Councilmember Wick said he preferred to wait to see the outcome of the State Legislative Process since that should be ending relatively soon. Councilmember Wick said he agreed with Councilmember Hafner about the quiet zones; regarding the Bridging the Valley, it would defeat the purpose of doing the quiet zones if Bridging the Valley were to be funded; and feels the long-term solution would be the Bridging the Valley. Council Study Session Minutes 01-31-12 Page 2 of 6 Approved by Council:02-14-12 Councilmember Grafos said regarding the Sprague Swale upgrade, that we could allocate that in the budget and move forward, and if we got the funding in the interim,Mr. Calhoun could switch the funding so there wouldn't be a delay; and said this is now year three on the Sprague Swale project; that there are new businesses moving in; we are trying to redevelop that area and we keep stalling that; and said he wants to allocate those funds now. Regarding the Quiet Zones, Councilmember Grafos said we are talking about a project which will likely take four to five years to complete; and all we are talking about now is the cost of the consultant to start the process; that there is a tremendous amount of people affected by the trains; he said when that area was first developed,there was probably about 50 trains daily compared with the now estimated 200 daily trains; and said if we want to re-develop the area over there, we should explore the possibilities of what we could do with the quiet zones. Regarding the Bridging the Valley, Councilmember Grafos said that project is probably not going to happen for about 15-20 years from now; and said he favors spending the $80,000 now to move ahead with the quiet zones. Mayor Towey said he feels we should help with problems of neighborhoods; that this issue has two elements, one of which is a consultant fee for a site specific project; and the second element is we have not identified a revenue stream for the project itself; so spending money on a consultant without having the revenue identified for the project, he said could result in us being in a "stuck" situation; he said if we were to do the project today, we would be forced to use our reserves; which brings up the question of whether this rises to the level of an emergency. Further, Mayor Towey said this neighborhood asked Millwood to have the same project for Argonne and Marguerite; and that Millwood doesn't have the ability to finance such a project; which means when the train whistle blows on Argonne and Marguerite, that neighborhood will hear it as well; and without the help of Millwood, Mayor Towey said he feels the expectation of the neighborhood will not be met; and therefore, said he feels we should not move forward with the $83,000 at this time. Deputy Mayor Schimmels said the UP line comes through the valley and crosses every roadway from the State line to where it crosses the River; he said most of the crossings in Otis Orchards have no lights or barriers; he said just west of Barker is a duel track so there are two trains most of the time on that section, that extends down to Mirabeau; and said he feels we will not help anything at this point; and said he would not support this. Councilmember Grafos said he agrees with Mayor Towey about the reserves if this were an imminent project; but instead said we are talking about examining the options, and then the project would probably take four or five more years to accomplish; at which time the train traffic would also likely increase; he said there were about 250 citizens who came forward about this terrible situation; and said we should listen to our citizens to see if we can help; as we are here to help the citizens and not to just pile up reserves and not do anything for our citizens; and said he doesn't think spending$83,000 to see what the options are,would be out of line. Councilmember Wick said he agrees we should be helping our citizens, but with the increase of railroad traffic, there is also traffic congestion to consider; and said he would be more inclined to help citizens by seeing what we can do to help get the Bridging of the Valley project moving forward. Councilmember Woodard said if we were going to be required to do the project in a set time period by doing the engineering and the survey, he would not want to proceed with that $83,000 at this time; he said there are four intersections and the neighbors came from the UP Line which has about twelve trains daily; but the Park and Vista intersections have a lot of trains; and said if we were going to spend the $83,000, it should be for the four intersections; and said each road separation would be $15 to $20 million; and repeated that the four intersections should be researched further. Mayor Towey added that we shouldn't forget the rest of the valley; and said if we were going to concentrate on quiet zones, it should be considered throughout the city; and restated his concern of not identifying a revenue stream for the entire cost. Mayor Towey said council could make a motion to eliminate the quiet zones study from the 2012 budget amendment process. Finance Director Calhoun added that one of the retreat agenda topics for next Tuesday is capital projects, and in capital projects is $1.5 million for railroad quiet zones, which is probably only a fraction of what will be needed; so further discussion could take place at the retreat. Councilmember Woodard mentioned the information previously submitted by Interim Deputy City Manager Roger Crum as his information identified numerous crossings which could be considered for quiet zones; and he added this is not just a matter of if we want to do this, but also if the Railroad will cooperate. Council Study Session Minutes 01-31-12 Page 3 of 6 Approved by Council:02-14-12 It was moved by Deputy Mayor Schimmels and seconded to remove the Railroad Quiet Zone Study from the 2012 Budget amendment process.Mayor Towey invited public comment,and Tony Lazanis, 10626 E. Empire., said he feels this is a safety project, that there is money from the FRA and we should ask the legislators in Olympia for help as the railroad won't help us at all; he said the Bridging the Valley started about ten years ago and he doesn't know if it will ever get funding. There were no further public comments. Councilmember Wick asked for clarification on the procedure and City Manager Jackson said council can adopt a motion at this time, that although it is not typical to bring up a motion without having that on the agenda; but for this particular matter, he explained it was on the agenda for discussion; and because there are a lot of opinions from council on how to move forward, it would be difficult to gain consensus at this point; he said council could act on this motion or all items could be brought back to the first reading and council could amend a motion at that time. To clarify, Councilmember Grafos said what we would be doing then, would be to bring the three items forward for the budget amendment, and at time, if council decided to remove the quiet zones,then the other two items would move forward; and Mr. Jackson concurred. Councilmember Woodard expressed his desire to further study the previous quiet zone materials, and said he thought the $1.5 million estimate would be for all six intersections. Mr. Jackson said council can also discuss the motion, and/or if the maker of the motion desires, could withdraw the motion. Vote on the motion to remove the Railroad Quiet Zone Study from the 2012 Budget amendment process: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner and Wick. Opposed: Councilmembers Grassel, Grafos, and Woodard. Motion carried and the item is removed from the 2012 budget amendment process. Mayor Towey asked for consensus to bring forward the two items specified as budget amendments, the Gateway Project and the Sprague Swale Upgrades; and there was no objection from Councilmembers. City Manager Jackson added that this money has been appropriated in the 2012 budget; so it is there and council can determine to spend that money without an actual appropriation to the budget; and said next year he'd like to change the process a little; that he has discussed this a little with the finance committee, but said we really should not budget that amount; if we are trying to make sure we go through a process before we spend the money, which he said is what we heard council state; that it would not require in the future, an appropriation if council determined they wanted to spend that money for that or another project; but it would require a vote of the council since we established Council wants to decide exactly how to spend those funds. Finance Director Calhoun concurred, and said in the fall of 2011 as we were preparing the budget, it seemed expedient to appropriate the money in Fund 311; but because we are bringing this back to council for approval, it makes more sense not to appropriate the funds at all, and bring projects back by way of a budget amendment. Councilmember Grafos said to clarify then, henceforth, the budget amendments would be for specific projects. Mayor Towey again asked if there were any objections to bringing the two items forward as budget amendment items on February 14th, and no objections were raised. 4.Evergreen Preservation Project—Steve Worley Senior Engineer Worley explained that last fall staff was notified by Vera Water and Power of their desire to construct a 20-inch diameter water line down Evergreen Road from 19th to 32nd Avenue; and under 32nd Avenue from Evergreen Road east to Best Road. Mr. Worley said that due to the poor condition of Evergreen Road between 24th and 32nd, staff sees this as an opportunity to partner with Vera and replace the entire roadway with full-width paving. Mr. Worley said that this is similar to what was done in the past eight years with Spokane County's sewer projects. He explained that Vera agreed to postpone their waterline project to 2012 in order to allow the city time to evaluate costs and design options for the restoration of Evergreen Road; and he explained that Evergreen Road and 32nd Avenue are listed in the updated Pavement Management Program (PMP) for preservation work within the next three years. Mr. Worley said the combined cost for all segments of this road would be approximately $500,000; that staff felt if we were going to spend money on pavement preservation within the next three years, then Vera would come in and tear up the road for a water line, does it make sense then to perhaps partner with Vera Council Study Session Minutes 01-31-12 Page 4 of 6 Approved by Council:02-14-12 and do a road and water project at the same time; so at the end of their water project,we end up with what would be close to a brand new road. Mr. Worley said the total estimated cost is $493,000; and that staff reviewed other potential improvements associated with this project, including widening in areas to allow for bike lanes on both sides, accommodating existing on-street parking in curbed areas, preserving and/or completely reconstructing portions of Evergreen Road and 32nd Avenue; and purchase of right-of-way and construction of sidewalk for an estimated total of $684,000. Mr. Worley said the difference from the proposed$493,000 and the estimated$684,000 includes $54,000 for the completion of the sidewalks, and an estimated $78,000 in contingency. Mr. Worley said staff spoke with the property owners and they would be willing to sell us the right-of-way if we decide to move ahead and build those missing sidewalk sections. Mr. Worley added that both sides of the road are served by STA (Spokane Transit Authority). Mr. Worley said that with these improvements, staff believes the road would Iast twelve to fifteen years and accommodate bicycles and pedestrians along a route served by the STA. Mr. Worley explained that should council determine to move this project forward, that the Memorandum of Understanding would be signed by the City Manager. Discussion included cost of putting in bike lanes on both sides, of the difficulty in getting grants for that area since it is all residential, whether other roads are in worse condition, further discussion on overall road preservation and road prioritization, and staff's mention that they feel this is the best "bang for the buck" since we would be partnering with Vera. There was discussion of council getting the updated Pavement Management Plan and of the need for more detailed information on this proposal. Mayor Towey called for a recess at 7:45 p.m., and reconvened the meeting at 8:00 p.m. 5. Sprague Avenue Reconstruction(Evergreen to Sullivan)Project--Steve Worley Senior Engineer Worley explained that this project is part of the adopted 2012-2017 six-year Transportation Improvement Program, and per his PowerPoint presentation, gave Council an update on the project„ including the history of the resurfacing phases, what the project will entail, and that we have contracted with Taylor Engineering for surveying and design services. He explained that staff visited with every business along the project so everyone would be aware of this upcoming project and of what to expect; he mentioned public meetings for citizens and business owners, said the TM (Transportation Improvement Board)required us to advertise for bid by March 19, and a Notice to Proceed must be issued by May 18; that this will take approximately four months to complete and the project will be done in phases so that there will be access to businesses all hours through the project. Mr. Worley also explained about the idea of contractor incentives for early completion such as $5,000 per day for each day completed early, up to a maximum of ten days, and that WSDOT (Washington State Department of Transportation) and the City of Spokane support the use of incentives. Several councilmembers voiced their agreement for the use of incentives. Public Works Director Kersten said they will move ahead with this plan, and he reiterated that every business was visited concerning this project. 6. Comprehensive Plan Chapter: Economic Development--Scott Kuhta Planning Manager Kuhta explained that the Council adopted the 2012 Comprehensive Plan Amendment Docket last November, and at that meeting, Council indicated their desire to include a review of the Economic Development Chapter, Mr. Kuhta said he brought Council some ideas and updates at the December 13 council meeting, and said the tables and charts in that chapter will be removed that reference the city center planning; and that the plan was to then review the goals and policies to see if there were any gaps or if council wanted to add anything further. Mr.Kuhta said this draft chapter is just to get the process started, that the amendments will go before the Planning Commission in about a week and then return to council with a recommendation; and that tonight he is asking Council for any additional feedback. Mr.Kuhta reiterated that the bulk of the work is updating the labor statistics, charts and graphs, and they went back to look at the source documents and have replaced the tables and graphs with current information; and he brought Council's attention to page 18 and 19 where names of organizations have been updated, such as the Greater Spokane, Inc., which was formerly the Spokane Area Economic Council Study Session Minutes 01-31-12 Page 5 of 6 Approved by Council:02-14-12 Development Council, and of the added paragraph about the permitting process as an important aspect of the economic development process. Mr. Kuhta said he anticipated this coming back to Council again early spring. 7. Spokane Valley Municipal Code Miscellaneous Ordinances--Cary Driskell City Attorney Driskell explained that the legal department periodically reviews the City Code to verify references to state laws and to other code sections are correct; that sometimes the state legislature makes amendments to state law, and sometimes we also re-codify sections and move them elsewhere in the code;and said most of these proposed changes are a reflection of that review. Concerning Spokane Valley Municipal Code Title 5,Mr. Driskell explained that there is no longer a need for a grace period since that was only for a three-month period beginning with the effective date of the ordinance, which was codified years ago. Mr. Driskell explained that pending any objection, these ordinances would come back to Council as separate ordinances. There were no objections. 8. Advance Agenda—Mayor Towey Councilmember Grafos asked the City Attorney if it would be possible to draft an ordinance concerning clearing sidewalks of snow perhaps twenty-four hours after a snowstorm, and to include a penalty for noncompliance; he said it is a safety issue as people are forced to walk in the streets when the sidewalks are not cleared. Councilmember Grafos also mentioned that the sidewalks in front of City Hall were not cleared during the snowstorms and suggested the Iandlord should be contacted in that regard.Mr. Jackson said that has been done. City Manager Jackson also said the topic of sidewalks will be discussed during next week's retreat. 9. Information Only: (a) Park Land Acquisition Proposal, (b) SRTC January Newsletter; (c) Urban Growth Area, (d) Department Reports, and (e) Spokane Co Library District Quarterly Report were for information only and were not discussed or reported. 10. Council Check-in—Mayor Towey Councilmember Hafner asked whose responsibility is it to take care of the Christmas tree at U-City; and Mr. Jackson replied that it is not a city responsibility, but he would be happy to try to notify someone about the tree. 11. City Manager Comments—Mike Jackson City Manager Jackson mentioned the draft Retreat Agenda and asked Council to let him know if other items should be added. Councilmember Woodard asked about changing the order of the items and Mr. Jackson said he would not have any objection to changing the order, but that Mayor Towey would be in charge of the order of discussion. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. ATTES T omas E.Towey,Mayor L 4 Christine Bainbridge', City Cl'rk Council Study Session Minutes 01-31-12 Page 6 of 6 Approved by Council:02-14-12