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2012, 05-29 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington May 29,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Kelly Konkright,Deputy City Attorney Dean Grafos,Councilmember John Hohman, Community Development Dir. Brenda Grassel, Councilmember Mark Calhoun, Finance Director Chuck Hafner, Councilmember Mike Stone,Parks &Recreation Director Ben Wick, Councilmember Rick VanLeuven, Police Chief Arne Woodard, Councilmember Steve Worley, Senior Engineer Carolbelle Branch,Public Information Officer Carrie Koudelka,Deputy City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ROLL CALL: Deputy City Clerk Koudelka called the roll. All Councilmembers were present. ACTION ITEM: 1. Mayoral Appointment of Students to Economic Development Committee—Mayor Towey It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayoral appointments of Ben Baker and Josh Ramsey to the Economic Development Ad Hoc Committee. Mayor Towey said Council previously decided to add two students to the Ad Hoe committee and Councilmember Hafner went to high school principals seeking volunteers. Ben Baker and Josh Ramsey volunteered. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. NON-ACTION ITEMS: 2.Draft 2013-2018 Six Year Transportation Improvement Plan(TIP)—Steve Worley Senior Engineer Worley began his presentation of the 2013-2018 TIP and reminded Council that the TIP is a planning document that they can change; however, RCW 35.77.010 requires we adopt a revised and extended transportation program for the ensuing six calendar years. He said this year they focused on adding pavement improvement projects. He said they have scheduled a public hearing for June 12, 2012, to review the plan. Mr. Worley went through the reports in the packet and told Council "Secured Funds" are funds we already have including grants we already received; "Grant Funded Projects" listed are funds we are trying to get.He said the "S" notations mean the funds are secured and the "P" notations means we are planning to get those funds. Projects on the "Unfunded" list are projects staff thinks need to be done, but for which we do not currently have funding. He said our TIP has to be fiscally constrained based on how much we can afford to do. He said we estimate revenue and the grant funds we receive in a typical year and then pick the projects that fit within the revenue sources. The projects listed in black on the summary report are unfunded projects that were in the previous TIP for this year that were not removed from the draft TIP for 2013-2018. Mr. Worley explained they listed projects by category rather than by year as had been done in previous years. The categories include arterial improvements, bridges, congestion improvements, street preservation projects, pedestrian/bicycle improvements, and street reconstruction projects and that they come straight from the pavement management program adopted by Council. He said from that plan, staff Council Study Session Minutes 05-29-12 Page 1 of 6 Approved by Council:06-12-12 identified projects for which they felt we could receive grant funding and said they added the street reconstruction category based on Council recommendation. Mr. Worley said they added concrete intersections and concrete corridors under reconstruction projects because once we get down into rock it becomes more than preservation. Councilmember Grassel asked for the price difference between concrete intersections and asphalt. Mr. Worley said he does not know the actual difference. He said based on recent projects a concrete intersection typically runs $1,000,000 and could cost 30-40 percent more than asphalt. He said they have not done full concrete corridors before but they typically last about three times longer than asphalt. Mayor Towey asked when we will know if we get TIGER grant finding for the Sullivan West Bridge project. Mr. Worley said we should find out next week. Councilmember Woodard asked where we are on the resurfacing of Sprague Avenue from Thierman to Park project. City Manager Jackson said regarding the preservation component of this project, Council will have the option of repaving Sprague from Park to the overpass. He said bids come in this Friday on Phase I and once we review those we will know how much money we have available. Councilmember Wick asked if improvements to roads with gravel walkways are included in the plan. Mr. Worley said the Mission and Park projects are included but they would require a local match and his understanding is that Council indicated the focus should be preservation projects. Councilmember Wick asked if we are limiting ourselves to grant funding if we don't include those projects on our TIP. Mr. Worley said projects can be added to the TIP if and when we get a funding opportunity for it. Councilmember Grafos asked what funding is taken into consideration when determining projects we think we will be able to afford. Mr. Worley said state and federal grants, local grants such as Spokane Transit Authority and other local dollars. He said they average that dollar amount over the previous nine years to determine a typical funding amount for the current year. He said it does not include tax revenues and said the City's match dollars come from REET funds and are unrelated to the Poe contract. Councilmember Grassel said the $10,000,000 per year needed for our road program as identified by the JUB report includes funding from all resources not just the City. She said her understanding is the City is funding $2,000,000 toward that $10,000,000 and said it is an important point to emphasize because it makes a difference to her as to whether Council needs to consider a second revenue source. Mr. Worley said the City-funded $2,000,000 included in the TIP is the local match for grant funded projects, including street preservation projects. He said the unfunded list includes the remaining arterial street preservation projects and we do not have an identified funding source to pay for them. Councilmember Wick said that to keep up with our Pavement Management Plan (PMP), we would need the City's $2,000,000 match plus the additional pavement preservation money of another $4,000,000, plus another $2,000,000 that would be the local access street funds. He said we would need another$6,000,000 on top of the$2,000,000 match if we were to do everything recommended in the PMP, so the$10,000,000 didn't just shrink down to $2,000,000. Mr. Worley said we need to add the reconstruction projects as well. Councilmember Grassel said she was just referring to the City's portion. Councilmember Wick said he thinks that it would all be the City's part of it. Councilmember Grassel said the finding comes from different buckets of money, not all from the City's funds. Mr, Worley said we look at every opportunity for grant funding and he said that is good, provided we go after the grants for projects Council has identified because we have to provide the local match for them, Mr. Worley said he understands there is $24,000,000 in federal funding and federal funding is the only grant source that can be used for preservation projects. He said of that, about 60-75 percent will go toward preservation projects and a small percentage will go to improvement projects. He said he thinks there is opportunity to get a good portion of federal preservation grant funding. Councilmember Hafner said we need to start fixing the streets regardless of whether we get grant funding or we will never catch up. Mr. Worley said sometimes we can get federal match dollars for state grants, or vice versa, that can reduce the local funds but typically, granting agencies like to see local funds allocated. Councilmember Grafos said we should do the projects that we identify as important without Council Study Session Minutes 05-29-12 Page 2 of 6 Approved by Council:06-12-12 waiting for grants because they may never come through. Mayor Towey said he thinks many cities have fallen behind because they were waiting for grant funding and he thinks we need to recognize there are two phases: the grant phase and identifying preservation roads that can't wait for grants and need to be done now. Councilmember Hafner said he would like to address the problem at the retreat so we can move forward as soon as possible. City Manager Jackson said the conflict is the lack of resources. He said there is one pot of money and we are not just waiting for grants; we are allocating the money we have to preservation and road repair. He said the emphasis for the budget this year is to free up as much available funding as possible to allocate to preservation projects. He said the fact is the resources are not there. He said they are looking at $10,000,000 - $11,000,000 per year for arterials, local access streets and reconstruction. He said recently they have been focusing on arterials but Council has also brought up the need for preservation of local access streets. He said as we prepare the budget this year we will work to free up money for repair and preservation, then decide what the lack of resources are and what the revenue shortage is and how we will make that up to get where we need to be. 3. Truck Traffic/Parking—Kelly Konkright Deputy City Attorney Konkright said Council asked staff to look at the issue of trucks parking in residential areas. He said there are no provisions in our current code to limit or restrict parking of trucks in neighborhood residential areas and home-owners have limited options such as if the truck is in violation of law or poses a safety hazard or traffic obstruction.He said other jurisdictions such as Spokane and Liberty Lake have ordinances to restrict trucks in residential zones. After he presents the information to Council, he asks they provide direction as to what to do next. Mr. Konkright said Spokane identified specific vehicles restricted from parking on residential streets at any time. He said other jurisdictions have identified specific length or weight restrictions; however, he said that can be difficult to enforce. Some have imposed time restrictions and some prohibit street parking but allow parking in the driveway or on the property. He said he recommends that if Council considers restricting parking, they include a provision that allows for temporary loading and unloading so as not to prohibit commercial activity such as landscape workers or movers. Mayor Towey asked if the fourteen city examples he included in the packet is for all the cities in Washington or a representation of all the cities. Mr. Konkright said he just did a cross section of a few cities that address this issue but in somewhat different ways. Councilmember Grassel asked how our current code addresses the homeowner who is also the driver of the truck parking on the street. Mr. Konkright reiterated there is nothing in our current code addressing commercial vehicles parking on residential streets. Councilmember Woodard said he doesn't want to restrict trucks from parking in residential areas because there could be subsequent repercussions and he doesn't want to burden police with enforcement when higher priority crimes are taking place. He said he thinks we should address the truck idling and parking of a vehicle extending into the right of way. Mr. Konkright said if we make code provisions in our ordinance, it would be enforced by our code enforcement officers and we would set policy whether it is complaint driven or if we can write it up as a nuisance. Mr. Konkright said it is up to Council to consider the scope of vehicles and the type of activity that could be harmful to the community to avoid collateral damage. Councilmember Woodard said he also wants Council to consider the duration of time the equipment is parked and idling. Councilmember Wick asked if code enforcement did a survey to see how widespread this problem is. Mr. Konkright said we do not have a count of citywide incidents or a survey. He said the pictures provided in the packet came from code enforcement while out on other duties. City Manager Jackson said the real question is whether Council wants to legislate the parking of trucks or other vehicles. He said once they answer that question they can approach how to go about it. Community Development Director Hobnail said code enforcement officers located six areas where truck parking is more prevalent and somewhat constant so they provided the photos for Council. He said they did this over a two-week period and found approximately six locations and some of those locations had multiple trucks. Councilmember Hafner said he wouldn't want a big truck parked on his street with the noise and the diesel smell. He said there are other locations to park and the doesn't like them in the neighborhoods obstructing views unless it is on a temporary basis. Councilmember Grafos said those trucks represent jobs in our city and he suggests we Council Study Session Minutes 05-29-12 Page 3 of 6 Approved by Council:06-12-12 talk about imposing weight restrictions on commercially licensed vehicles. He proposed "Parking or storing of a commercially licensed vehicle with a gross vehicle weight rating of 12,000 pounds or greater shall be prohibited from parking on public right of ways and residential zoned areas." He said the gross vehicle weight (GVW) rating is labeled on the truck so you don't need a scale for enforcement and that will eliminate recreational vehicles. He said the exception would be vehicles working on construction projects, loading and unloading and "casual parking of commercial vehicles continuously for a period up to three days per month" to allow them to park at home for a weekend. He said if a person can get the truck onto their property, they should be allowed to do so and if they are idling and noisy, that becomes a noise problem to address differently. Mayor Towey said Councilmember Grafos brought up good points and his concern is they are talking about the small business man on the road who comes home for a few days a week and he said he doesn't know where they will park if they can't park their trucks at home. He said if we draft an ordinance, we should include an exemption for a specified time for leeway to come into town to be with their family. Councilmember Hafner said he is not arguing whether they can park on their own property. He said he thinks the noise is a concern for neighbors. Mayor Towey said we can go forward with an ordinance that takes into consideration the small business man and still relieves the neighborhood of the problem of parking. Councilmember Wick said he is leaning toward not needing regulation or an ordinance at this time. He said we are already financially burdened and staff time is stretched and he doesn't think we need an ordinance at this time. Councilmember Grassel asked staff to identify what a semi-truck driver does in jurisdictions that don't allow them to park on residential streets and what the hardship to the business owner is if parking is not allowed. She said she would like to limit the ordinance to noise and view obstruction. Mayor Towey said Council was given information as to the impact on neighbors, but not the impact on the truck owner and he said he would like that information before drafting an ordinance. Mr. Konkright said before staff begins drafting an ordinance he will provide Council with the impact to truck drivers if they can't park on the street and what impact other cities experienced when they implemented their ordinances, and where the truckers will park their trucks if not at home. Mayor Towey called for a recess at 7:20 p.m. and reconvened the meeting at 7:35 p.m. 4.Proposed Franchise for Coeur d'Alene Indian Tribe Use of Right-of-way—Kelly Konkright Deputy City Attorney Konkright said the Coeur d'Alene tribe asked to access part of our right of way to install fiber optic cable for internet usage using Avista's overhead power lines on a route that goes through the southeast corner of the city starting at 11th Avenue and Barker Road to 8th Avenue, then east to Hodges Road. He said negotiations with the tribe were simple utilizing a standard agreement. The City would give the tribe a nonexclusive franchise to use right of way for a ten-year term and requires the tribe install and maintain the line, and maintain appropriate insurance. It also requires the tribe seek City permission before they can abandon the cable line and it allows the City to set a condition that the line be removed if abandoned; thereby putting the cost burden on the tribe rather than the City. Mayor Towey asked if ten years is standard. Mr. Konkright confirmed it is and said that after ten years we negotiate a new franchise. Councilmember Grassel asked Mr. Konkright to explain the cost to the City specified in section 4, number 2. Mr. Konkright said the agreement requires the tribe to lay dark line for City use so we would pay a monthly charge if the City wants to use that line for our own purposes. He said we only pay if we want to use the line and it is beneficial to the City because it is at a good price. He also said federal law requires that any franchise we grant be non-exclusive. It was consensus of Council to bring forward to a future meeting for consideration. 5.Lodging Tax Sunset Provisions—Kelly Konkright Deputy City Attorney Konkright said the sunset provision in the lodging tax is set to expire June 30, 2013. He said AWC (Association of Washington Cities) will try to get it extended but if they are unsuccessful, the City will only be able to spend lodging tax funds on marketing special events and festivals designed to attract tourists, and acquisition and operation of tourism related facilities in which the City has ownership interest, and other costs of tourism promotion. In 2007 legislation amended Council Study Session Minutes 05-29-12 Page 4 of 6 Approved by Council:06-12-12 provisions in the lodging tax that changed some definitions and added a new section, RCW 67.28.1816, allowing jurisdictions to disburse lodging tax funds for the marketing and operations of special events and festivals and to support the operations and capital expenditures of tourism-related facilities owned by nonprofit organizations. He said those provisions are set to expire. Mayor Towey asked if agencies that we grant funds to, such as Valleyfest and HUB, would be required to give the unspent funds back to the City if they do not spend the money by the time the sunset clause expires. Finance Director Calhoun said it sunsets at midnight June 30, 2013. He said if the Lodging Tax committee awarded funds to HUB, they could not use funds after that date so the funds would support the first six months of operation and then only used for marketing after that. Mayor Towey said he would not like to eliminate any applicants based on what may or may not happen. He said he thinks it would be hard for agencies to spend all their money for marketing by June 30th. Mr. Calhoun said we don't give the funds up front, we reimburse costs incurred so they would need to submit invoices for costs up to June 30,2013. Councilmember Woodard asked if we can use the funds for freeway signage. Mr. Konkright said he will research that and bring information back to Council. He said signage could be included for City owned facilities. Councilmember Grassel said Valleyfest can use the money for marketing without issue. She said she also thinks that agencies such as Visit Spokane can use the funds we issue them to turn around and give as grants to other agencies so the sunset clause would not prohibit them from doing things such as that.Mr.Konkright and Mr. Calhoun said they would be very surprised if agencies can use lodging tax revenue from our City to give to another agency such as the HUB and if we received an invoice from them requesting reimbursement after June 30, 2013 we would not pay it. Mr. Calhoun added an auditor would likely write us up if we did pay it. 6. Solid Waste Update—Deputy Mayor Schimmels/Mike Jackson City Manager Jackson said the Solid Waste Committee was created to develop a scope of work to define for a consultant the information that all the participating cities felt they need to help make a future decision regarding solid waste.He said they created a technical committee to determine the scope of work and another committee to review the submitted RFP proposals. He said he is looking for consensus to have the County develop an RFP based on this information. He said the scope has been refined and divided into three major components: the Waste to Energy Plant, transfer stations, and the long haul system. He said each scenario develops five, ten, fifteen and twenty-year periods to determine the operating costs and he said whoever provides the service needs to provide all elements of the service. The Waste to Energy facility needs to be kept running at all times so they are looking at other means of burning fuel such as wood and whether that is feasible. He said currently Spokane Valley does not provide collection so that is something we might need to look at, whether providing collection service or contracting for collection service, or continuing to have a franchise agreement for collection. He said currently we don't have a line item in our budget for solid waste so it does not cost us any money or resources; therefore, any increase would be an increase in cost to Spokane Valley and to the customer. He said the agreement covers whether the transfer station could be acquired privately or publicly and the cost if we wanted to construct a transfer station. He encouraged Council to start thinking about what we will do with the results as they come in to help determine the direction they would like to take. Councilmember Woodard asked if the RFP is directed more toward a public type answer rather than private. City Manager Jackson said they had private haulers on the committee and it is designed to be either public or private. Councilmember Woodard asked if long haul is for trucking or train and said the transfer station should be given to Spokane Valley or sold to us for $1.00 because our taxpayers helped pay for it over the last twenty years. City Manager Jackson said it would likely be both truck and train but it needs to be determined based on cost. Mayor Towey said this will give us information to use to make a decision. The only thing outside of the document is the collection part of it and the three things connected to it: if we own it ourselves, franchise, or contract and said he would like more information on the different aspects of all three. City Manager Jackson said they haven't set the time frame but he will report back with more information as it becomes available. It was consensus of Council for City Manager Jackson to noti15,Commissioner French to move forward. Council Study Session Minutes 05-29-12 Page 5 of 6 Approved by Council:06-12-12 7. Advance Agenda—Mayor Towey Deputy City Attorney Konkright said he will bring the truck parking information back to Council the meeting after the retreat. Councilmember Grafos asked what the limitations are for the City putting signs on the interstate for businesses. City Manager Jackson said we will look into it but we are generally limited to directional signs for landmarks or City facilities and government related signs. Councilmember Woodard said the Department of Transportation regulates the signs and businesses pay to be on them. Councilmember Grassel said she would like Council to be provided with the agendas and minutes from the Economic Development meetings. 8. Information Only: The Finance Monthly Report was not discussed. 9. Council Check-in—Mayor Towey Mayor Towey said he had a meeting with Dr. Harken two weeks ago to discuss different aspects of his presentation and he mentioned one concern he had was that while Council all thought the proposed statue was beautiful, the location may not be right. He said his concern is that particular location needs a "message" statue rather than an "art form" and we could use that piece of art elsewhere in the Valley where citizens can get up close to view it rather than drive by it. He asked to open it up for discussion so he can get back with Dr. Harken regarding the art and the location. Deputy Mayor Schimmels and Councilmembers Woodard, Hafner, Wick and Grafos spoke in agreement with Mayor Towey. Mayor Towey said he would like the Arts Council to use our gateway sign to come up with art that complements the sign and theme of Spokane Valley. He will contact Dr. Harken to see if they can come up with an agreement for the sculpture he presented and location of future arts. 10. City Manager Comments--•Mike Jackson City Manager Jackson said we received a grant from the state through the Department of Ecology to construct stormwater improvements on Sprague Avenue from Park Road to the overpass. He said we are moving forward with the landscape architect and will need to move full steam ahead if we want to finish this year. He said if we slow down to Iook at alternatives,his guess is the project will get designed but not constructed this year; however, he said there is no guarantee it will get constructed this year anyway, but if we pause now it will not get constructed. He said that if Council wants to change direction, he needs to know.It was consensus of Council to continue moving forward. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting fifteen minutes to 9:15 pm. City Manager Jackson said in the next couple of weeks he will come forward with one design and they can talk a little more about the parking. He said if Council wants to move in a different direction at that time,we can.He said the preliminary discussion he has had with public works is that parking along that section would require quite a bit of engineering and a lot more time to develop that plan. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:05 p.m. ATTEST: —aimr Th'omas E. T•wey,Mayor Christine Bainbr'dg-, City Clerk Council Study Session Minutes 05-29-12 Page 6 of 6 Approved by Council:06-12-12 Spokane jUalley 2013-201 8 Six Year Transportation Improvement Program (TIP) j Overview • Planning Document • Required by ROW 35 .77 .010 • Included in the Comprehensive Plan • Can be amended at anytime • Focused on Pavement Preservation Projects • Public Hearing Scheduled for June 12tH Project Categories • Arterial Improvements • Improve safety, pedestrian and bicycle mobility, promote economic development, address geometric deficiencies, reduce congestion , etc. • Only projects with current funding • No new Improvement Projects • Bridges • Replacement — Sullivan Rd Bridge over Spokane River • Major Maintenance — Sullivan Rd Bridge over UPRR • Bridging the Valley — Barker Rd Overpass Valley Project Selection for 203-208 Six Year TIP • Congestion Improvements • Only projects with current funding • Pedestrian/Bicycle Improvements • Currently funded projects • Projects needing Construction funds • Street Preservation • Pavement Management Plan • Street Reconstruction • Pavement Management Plan ••i*Vauey `Unfunded' Improvement Project Examples Stn Ave. (Havana Rd. to Park Rd.) r 8th Ave. (Dishman Mica Rd. to Sullivan Rd.) Adams Rd. (32nd Ave. to Mission Ave.) • Barker Rd. (1-90 to South City Limits) • Barker Rd. (Spokane River to Trent Ave (SR290)) Bowdish Rd. (Sprague Ave. to Dishman Mica Rd.) • Broadway Ave. (Flora Rd. to Barker Rd.) • Flora Rd. (Sprague Ave. to Mission Ave) • McDonald Rd. (Sprague Ave. to SR-27) • Mission Ave (Argonne Rd. to Pines Rd.) • Park Rd. (Sprague Ave. to Trent Ave) • Sprague Ave (Tschirley Rd. to East City Limits) sporxan Valley Example Improvement Projects 6 Public Works Department Same 40Valley Project Selection for 2013-2018 Six Year TIP • Reconstruction Projects • identified in PMP • Added Concrete Intersections • Concrete Corridors r Argonne Road (I-90 to Montgomery Rd.) Sullivan Road (Spokane River to Trent Ave (SR290) • Preservation Projects • Arterials most eligible for federal/state grant funding • Remaining projects grouped into annual PMP project Siorkane Example Preservation Reconstruction Projects • Grind/Overlay Project • Concrete Intersection Project _ • Sprague Ave. & Fancher Rd. 8 Public Works Department Spkane° Valley Summary • Review TIP List of Projects Stiaane ,•••*Valley Questions? BROAOWAY AVENUE FMPROVEMENT PROJECT WASHINGTON STATE TRANSPORTATION 51.662338 IMPROVEMENT BOARD FUNDING SpoLtene \:eln■ OTY OF SPOKANE VALLEY $234226 TOTAL $1,846.564 CONTRACTOR.:MJM GRAND.INC. 10 Public Works Department