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2012, 03-06 Study Session Minutes MINUTE S SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington March 6,2012 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 Holman, 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. It was then moved by Deputy Mayor Schh mrels, seconded and unanimously agreed to approve the amended agenda. 1. Regional Animal Control — Commissioner Todd Mielke, and SCRAPS Operations Manager Nicole Montano Commissioner Mielke introduced Operations Manager Nicole Montano, and explained that he wanted to review some of the history of the animal shelter and of the opportunity they have for a regional animal shelter; he said this discussion began about three years ago when the City of Spokane asked to become part of their coalition; that the discussions stopped a few years ago to consider the idea of expansion and whether the current facility was large enough to accommodate the entire coalition. Commissioner Mielke went over his PowerPoint slides explaining the site evaluation criteria,which includes property containing four to seven acres, with about 43,000 square feet, located central to jurisdictions with available utilities and public access. Commissioner Mielke said that the first option explored was whether to remodel the current facility, but it was determined that was not a viable option as it has no sewer or fire hydrant, was not centrally located and had no visibility and poor public access. He explained that the facility is also not ADA compatible and could not meet any code standards; he said there are about fifty to seventy people in the building with one restroom. The second option they explored, he explained, was a new shelter on bare land. Mr. Mielke said that those figures were calculated in 2007 and at that time, the cost was estimated at $15 million. He said they wanted a less expensive option. Commissioner Mielke said another option discussed was to find an existing building and renovate it and said they thought they had found one off Havana for about $10 million, and said that was the proposal which went to voters last year, which measure failed. He explained that the current proposal is about$4.5 million and involves purchasing one of three different buildings. Mr. Mielke said all three buildings are about the same price, but the one on which they focused was the old Harley Davidson building on Trent. He mentioned the other two options were for a building formerly housing Sunshine Mattress, or a building formerly housing an electric building. Mr. Mielke explained that the building on Trent is about ten years old and is built to the latest energy standards and would be efficient to operate; it sits on 3.29 acres, and has been on the market for a little over a year with an asking price of$1.875 million. Commissioner Mielke explained the proposal to the partners as shown on the slide, based on estimated workload of a regional model and a three-way Council Study Session Minutes 03-06-12 Page 1 of 6 Approved by Council:03-27-12 partnership to co-purchase and co-own a building; and said before they can move further into their negotiation, they need to take a measurement of the partners, adding that he will present this same information to the City of Spokane Council March 15. So far, he explained, in speaking with their staff, they are not interested in ownership but would prefer to model their participation much like the evidence building for law enforcement,by an operations contract and another contract for depreciation./rent, spread out over the course of twenty years; that way they would not have an ownership stake in the building. Again,Mr. Mielke said they can't move further until he gets a sense of where the partners will be and said they are getting to the end of the life of the current building and have to do something. There was some discussion about the other two buildings, that the Trent building purchase would also include a second parcel; and mention by Mr. Mielke that they calculate an operational savings of about $196,000 annually; and that Spokane Valley's savings are approximately$64,000. Mr.Mielke also noted that the City of Spokane's rent would be the equivalent of a debt payment over twenty years; and said they would need an agreement that the partners will sign an interlocal agreement to split the costs over twenty years. Mayor Towey said that about a year ago, a coalition of stakeholders was formed which was meeting up until the ballot issue, and he asked if that group would re-form to move the current proposal forward; he said he feels we are in the same situation as last time where Spokane Valley is being asked to make a commitment before knowing all the details; he said he would also like to know how committed Spokane is; that he realizes such a facility would require all three entities' involvement; and asked about the possibility of having that group re-form to determine the details. Mayor Towey also stated that the last spreadsheet showed the City of Spokane's estimated percentage of workload at 60%, but the current estimate is 50%. Commissioner Mielke said the original number was about 60% for the City of Spokane, and they balked at that number; he said they were trying to merge data from two different systems; that Spokane City told him they represent about 40% of the population so how could that result in 60% of the workload, Mr. Mielke said he went back and found all the animal welfare organizations in this community and looked at their reported numbers to the ASPCA for this community, and it appears SpokAnimal's numbers were about 51-53% throughout that period of time, and said therefore they feel that 50%© is a more realistic number; and again said that Spokane City is not looking at ownership; but wants a fixed fee contract where they agree on a fixed fee every year instead of going back at the end of the year for a settle and adjust. Further discussion included mention by Mr. Mielke that the County has been renting the current building from the County's enterprise fund; and explained that they have not been paying any rent and since this is an enterprise fund, the State Auditor said they must recoup those fees; adding that it is not the County's building to sell; and in response to a question about the kennels, said most of the kenneling is built into the building. In response to Councilmember Hafner's question of who is in the coalition, Commissioner Mielke said the coalition includes Spokane Valley, which he said is the biggest partner; Liberty Lake, Cheney, Spokane County, Millwood, at one time included Fairchild Air Force Base, and perhaps Airway Heights. He said the task force included himself,Deputy Mayor Schimmels, the Mayor of Liberty Lake, Nancy McLaughlin, and staff from each jurisdiction. He said the task force examined three questions: (1) can they still use the existing facility; and if not, (2)to look at used or new facilities; and(3) what is the cheapest cost; and he said the task force recommended that the current facility is not workable and they recommended finding the lowest cost for an existing building and to renovate the building; and said that was the proposal that went on the ballot, and that they have not reassembled that coalition,adding that the City of Spokane wanted to wait until their new council and mayor were seated. Again, Mr. Mielke said that Spokane Valley is the biggest partner in the coalition, and that they are not looking for direction tonight, but are trying to plant a seed for council's consideration. Commissioner Mielke said the County Commissioners looked at the property and feel the same as the coalition about the current property; and said they don't want to spend more money on the current facility; he also mentioned there will be an open house at the Trent property March 21, from 4 to 6 p.m. and he invited everyone to come look at the property and facility. Mr. Mielke said that the Board of County Commissioners wanted to look at other pieces of commercial real estate that meet the criteria, and they hired a real estate consultant to do an Council Study Session Minutes 03-06-12 Page 2 of 6 Approved by Council:03-27-12 inventory, and said they are adding properties as they come on the market; he said they have not had an appraisal done on the Trent property but did a market analysis to see if the asking price was reasonable, and said at the conclusion of the analysis, the Commission believes it is. Couneilmember Woodard encouraged members of council and staff to go see that building;then schedule an executive session. City Manager Jackson said an executive session would be to discuss the terms of the purchase or confidential information regarding the price of the property. CounciImember Woodard asked if it would be held prior to the March 21 open house; and Mr.Jackson said he will see what we can do. Councilmeinber Grassel said the goal is to reduce costs to municipalities, and that she would like to see the current costs and future costs, and get more detail on the exact cost of the remodeling, and to split out the capital costs from the maintenance and operation, adding this council might need to consider the two contract concept; she said she can't commit to anything yet, she recognizes the need for the facility but can't make a decision without knowing how much it will cost the taxpayer. Commissioner Mielke said he has those documents and will give copies to the City Clerk for distribution to Council and staff. Mr. Mielke also mentioned that the average household in the Spokane region has 2.4 pets; and the goal is to provide the most efficient, effective service possible at the lowest cost possible, and do it well; he said they want to make sure they provide a worthwhile service; and that when people lose their pets,this will provide a one-stop shop. He said the national target for live release of pets, whether to return to the owner or adopt out, is 75%, and that their organization exceeds that for dogs with 85% live release; and said for cats the number is closer to 60%; he said they launched this year as the Year of the Cat and said there are a number of efforts to increase those live adoption rates. Mayor Towey commended Ms. Montano for her service and said he feels they have a "top notch" organization. Commissioner Mielke again announced the open house March 21, from 4 to 6 p.m., and said he will work with Mr. Jackson to make himself available for an executive session. Councilmember Hafner asked what the next steps are. Mr. Jackson said one of the things to consider is whether the task force should be reassembled; that it will be hard to meet this schedule; or he could have staff meet with County staff and get more information to bring back to council. Mayor Towey suggested our staff get together with County staff and work towards developing a larger coalition, and Commissioner Mielke agreed that those things can be done on a parallel track; he said within the next three weeks he'll brief the City of Spokane, hold the open house, then meet with staff and see about the executive session and look at putting the subcommittee back together; he said they are trying to find the lowest possible cost options and if they can spread the cost wider by expanding the coalition, it will open up more in-depth discussion; he said for the bigger discussion he'll need the task force together again; but the first thing is, it is time to replace the building, then determine who's going in on it. Mayor Towey thanked Commissioner Mielke and Ms. Montano for their discussion. 2.Franchise Ordinances—Cary Driskell City Attorney Driskell said he wanted to introduce this topic to see if Council has questions;he explained that since incorporation, the City has entered into various franchises with utility providers for use of the City's rights-of-way, like Comcast or Bonneville Power; he said we inherited several franchises from Spokane County that have or will expire and staff is recommending we adopt an ordinance to standardize the terms of future franchise ordinances; he said the ordinance would provide the basic framework for each franchise that would be common to most if not all utility franchises; and said staff feels these basic terms should not be negotiable as they are within the police power of the City to protect the roadways; and he added that staff has attempted to draft these provisions in a way that is not overbearing. Mr. Driskell said specific franchises would have additional terms relating to the type of utility at issue. City Attorney Driskell also mentioned that staff sent copies of this draft to all known utility providers and requested their review and comment; and he estimated it would take a month to collect the comments and work through the draft ordinance. Mr. Driskell said the concern is with the public right-of-way, that we often do capital projects, and if an entity has facilities in there which appear to have been abandoned, it would be the public at large who would be asked to pay for the transfer; and that this ordinance includes Council Study Session Minutes 03-06-12 Page 3 of 6 Approved by Council:03-27-12 that no facility constructed or owned by a franchisee may be abandoned without the express written consent of the City. There was no objection from Council to proceed with this ordinance, 3. Charitable Solicitations in the Right-of-Way—Cary Driskell, Chief VanLeuven City Attorney Driskell said the issue of charitable solicitation involves the panhandling provisions and more importantly, involves special events as per the City's Code; that according to our Code, a special event permit is required for groups to solicit donations within the City's right-of-way; he said this type of solicitation had been ongoing for quite a while without permission; particularly by the Muscular Dystrophy's Fill the Book campaign, which is conducted by enlisting the aid of members of the Firefighters Union, which is done by the Union members on their own time. City Attorney Driskell explained that when this City adopted the permit procedure,it mostly affected the Fill the Boot campaign, but over the years, more groups have been requesting the permit; and said this raises questions about traffic and pedestrian safety for those in the roadways soliciting donations, and to the cars and members of the public. Mr. Driskell said that initially traffic safety training was a requirement for obtaining such a permit, but that was changed to requiring flagger training; and said the organizations can only conduct this solicitation once a year, and that they must also show proof of$1 million insurance liability. Mr. Driskell said at least one group now has been conducting this solicitation without a permit, likely because they don't understand there is a requirement for one, and said the trend seems to be growing for these types of activities. Mr. Driskell said we cannot restrict regulations to just one group, and that he is here tonight to let council know that the various groups, with perhaps the one exception, don't appear to be meeting these safety concerns. Chief VanLeuven explained that this process was established for public safety but there are other, safer options for these events such as having cars pull off the road into a parking lot, with the owner's permission. He said it doesn't make sense to have an ordinance to keep people safe where we would encourage people to solicit from motoring traffic; he said we make sure the people have safety vests and tell them they can't stand in the medians; but voiced his concern that the groups don't understand the instructions although they appear to comply when an officer is present. Chief VanLeuven added that these intersections are the busiest, highest traffic intersections, and again said it doesn't make sense to do that in the roadway when there are other viable options for conducting these fundraisers. Deputy Mayor Schimmels asked how this compares with those who get construction permits and City Attorney Driskell said utility companies do this on a daily basis and have the ability to close off an intersection, whereas the solicitors have a one-day training, and he said that doesn't prepare people to be in moving traffic, which he said, is a dangerous place to be. City Attorney Driskell said the process needs to be consistent with the panhandling ordinance whereby people cannot reach into the road. Councilmember Hafner suggested the Police Department come up with a strategy that will meet the safety needs, and said if we cannot meet those safety needs, we should get rid of it until we can. City Attorney Driskell asked Council to consider removing the special permit regulations, and said that a few jurisdictions are moving away from this type of permitting and making the solicitors for example, use a private parking lot. Chief VanLeuven stressed that it is not appropriate to stand on a six-inch median in traffic, and added that these events are not policeable; to which Councilmember Hafner replied, then we should not have it. Councilmember Grafos concurred and said if we permit it, we are telling people it's ok. There was discussion about insurance and liability; and giving the groups a second or third chance if they violate the process; but City Attorney Driskell said by doing that,we would be telling groups they could have some violations when clearly the groups have no right to raise money in the right-of-way and there are other avenues they can use that don't create a liability for the city or a safety issue for the citizens. City Attorney Driskell said based on Councrl comments, he will bring back an ordinance that suspends or removes this process, and Councilmembers appeared to concur. Mr. Driskell said he will work to bring this back for a first reading in about three weeks. Mayor Towey called for a recess at 7:37 p.m. and reconvened the meeting at 7:50 p.m. Council Study Session Minutes 03-06-12 Page 4 of 6 Approved by Council:03-27-12 4. Sprague Avenue Property--Mike Jackson, Cary Driskell Mayor Towey said he asked for a briefing on the legal aspects of the Sprague Avenue property potential purchase as there has been some controversy and he would like Council to understand the legal implications, City Attorney Driskell explained that there has been some discussion about the nature of the relationship of the seller Mr. Pring and that some councilmembers received campaign contributions from Mr. Pring; and the question was raised whether that creates a conflict of interest. He said from a legal standpoint, if the contributions were legally made and reported to the PDC (Public Disclosure Commission) as required, they would not be considered a conflict of interest as citizens make campaign contributions and by recording those contributions as required, it satisfies the issue of transparency the PDC is looking for. Mr. Driskell further explained that from a broader context in looking at any potential conflict of interest, the question would be whether it would directly impact council, and said each councilmember must do an internal analysis and determine if the action can be determined in an unbiased way and that the councilmember could come to a decision that is not based on any potential benefit but based on the public's best interests as the public expects us to make decisions for the right reasons, i.e., to benefit the community at large, Within that context, he said he would suggest council ask themselves the question if they can be unbiased, and if not, the councilmember should recuse themselves and not participate in the discussion or decision; or if they believe they can be unbiased, then it would be appropriate for the councilmember to participate. Mayor Towey said council has to ask those questions for each issue; he said he would like to disclosure that he received money from Mr. Pring in April 2009, and that it was duly recorded; he said this very complicated property issue is at the infant stage as information continues to be gathered, and said there are still some site issues like STA's (Spokane Transit Authority) ownership of a strip of the land. Councilmember Hafner read a prepared statement stating that he worked at one time for Jack Pring; that Mr. Pring gave him money for the campaign and that there are no ties whatsoever to this park or the library; he said the Spokesman Review article made it feel as if we were going back to the Salem witch- hunts; that council has one goal and that is the welfare of the city; he said there is no ulterior motive except to make this city a better one; said he takes exception to the underlying message and tone of the newspaper article and of its questioning his ethical standards and integrity by the questions it posed; said he and Mr. Pring's relationship began thirty-five years ago and said he has been involved with Mr. Pring in many ways over that time; and said he'll support a measure if it is good for the city, and won't if it isn't. Councilmember Woodard said that he received $300 from Mr. Pring and it was recorded and is open to the public through the PDC; said he has known Mr. Pring all his life and wants to do what is best for all the citizens of Spokane Valley and is offended when things are looked at shadily when something pertinent happens. Councilmember Grafos said that Mr. Pring gave money to him; that he knows he can be absolutely honest in his vote and won't be swayed by knowing Mr. Pring; said the issue is are we moving the city forward in a manner that will benefit the citizens; we lack many acres of parkland and said he will look at this from an economic standpoint, adding that the Library came to us; said the library will kick-start that area and said he doesn't believe Council is in any danger of committing any ethical lapse. Deputy Mayor Sehirnmels said he had numerous donations for the 2009 campaign and that he never had any donor ask for anything that would benefit them; that he has been a member of this council since the City's incorporation, he has tried to be unbiased and will continue to do so. Councilmember Grassel said she received money from Mr. Pring for the 2009 election and that it won't bias her toward this decision; that this carne to the council by the library and Council didn't approach Mr. Pring. City Manager Jackson gave the background of this proposal and of Mr. Hattenburg's presentation to council asking about our participation in this potential park property, and said staff from the library and city have been meeting frequently. After Mr. Jackson went over the packet materials, he said staff recommends we prepare two site plans, one with the library and another with all the park land in order to give council a good visual of what that park might look like; he said the City would purchase and hold title to the eight acres, and guarantee at least 2.5 acres for the library's purchase; and said all those details would be included in an interlocal agreement; said the STA owns a portion of the property and Mr. Council Study Session Minutes 03-06-12 Page 5 of 6 Approved by Council:03-27-12 Driskell is working to clear up that ownership. Mr. Jackson said there will be some costs associated with developing a conceptual site plan as we will work with a landscape architect; or if council prefers,we can return with more information as well as return with a motion for council to consider authorizing the City manager to finalize a letter of intent to purchase the area; and said he would need time to negotiate with the owner on the terms. Mr. Jackson said funds from City Fund 310 could be used for the site plan; that it would cost about $5,000 to $7,500 and that we want an accurate depiction of that area; that if we move forward with the concept plan and bring that back, at some point in the near future we'll know if the settlement of that property is a constraint; and said ideally that will be cleared before moving forward with the purchase; and said those issues can move forward simultaneously. Mr. Jackson said the cost to develop the park would be about $150,000 to $200,000 an acre depending on the amount of landscaping, sidewalks, types of structures, etc., and that we would have to wait until the site plan is finished and he meets with the library, and then we will have to wait to see if the Library's future bond measure passes; and said maybe in the interim,the City could use the property for other events such as a farmer's market. Mayor Towey asked if there were any objections to having Mr. Jackson move forward with a site plan and letter of intent, and there were no objections. 5.Advance Agenda—Mayor Towey. There were no suggested topics to add to the Advance Agenda. 6.Information Only Items The Community Development Monthly Report, Animal Shelter Zoning, Greater Spokane, Inc. Fourth Quarter Report of Activities and the Draft Amended 2012 Transportations Improvement Plan were for information only and were not discussed or reported. 7. Council Check-in—Mayor Towey Mayor Towey said he attended a mayor's meeting last Friday where Spokane City Mayor Condon expressed his desire to have each jurisdiction send a letter of support to the Secretary of Transportation supporting TIGER funding for the North/South Freeway project. Mayor Towey said at the time he told Mayor Condon of our City's Sullivan Bridge project, which is competing for the same funds, and said he could not personally support that concept, but would bring this to the Council; and he asked Council for their feedback. Councilmembers concurred with Mayor Towey's viewpoint about not sending the letter of support. 8. City Manager Comments—Mike Jackson City Manager Jackson said regarding the legislative agenda, the SEPA regulations will be heard tomorrow, and he mentioned that Council received an e-mail from Lobbyist Taylor that the Senate passed their budget and proposed that liquor excise revenues be permanently swept into the general fund, which would be about a$500,000 loss to our city if that passed. 9.EXECUTIVE SESSION: Pending/Potential Litigation [RCW 42.30.110(1)(i)] It was moved by Deputy Mayor Schimnaels, seconded and unanimously agreed that Council adjourn into executive session for approximately ten minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:41 p.m. At approximately 8:52 p.m., Mayor Towey declared council out of Executive Session, and it was moved by Councihnember Woodard, seconded and unanimously ag',ed, rb adjourn. At A72 vim" as E. 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Cr) aU+ ¢ O O ' E 'c 5 O x 4a• 0 , n, 0 y 4- 0 0 © i. r 0 0 0 0 - pU co a 'a a B 0 Li• Ui U C C a/ A o 0 y 3 • o V (o 0 W N 0 « c U �. c N c Q v O c `,11 2 °c � � o WE doauiC 'L 'o '5 ' w .06t 0• v 0 a r cv 6 v C Y,N t 0 fi t'0. N N L1 C 0. F Ea- co co CO UIcn U I ' ll . a • ASSOCIATION OF NORTHEAST WASHINGTON MAYORS Mayor Steve Peterson,Chairman City of Liberty Lake Patrick Rushing, Vice Chairman City of Airway Heights March 2, 2012 The Honorable Ray LaHood, Secretary U.S. Department of Transportation 1200 New Jersey Ave SE Washington,DC 20590-0001 RE: US395 North Spokane Corridor BNSF Railroad Structures/Realignment TIGER ID Number: WSDOT55788 Dear Secretary LaHood: I write in support of the region's top transportation project,the US 395 North Spokane Corridor (NSC) and to ask you to move this project forward for TIGER funding. Thanks to the great work of the Washington State Department of Transportation (WSDOT), the remaining phases of this project are truly"shovel ready." As you know,this project is vital to the economy of this region and will improve a significant US-Canada freight route. The NSC also greatly improves traveler safety, freight mobility, air quality through reduced emissions, and livability. Previous elements of the NSC have been built on schedule and under budget. Completion of the corridor is arguably the most important Eastern Washington transportation project and TIGER funding would enable the project to continue. I urge you to support the North South Corridor as a project for consideration for TIGER fimding. Sincerely, David A. Condon Mayor