2013, 07-30 Study Session MINUTES
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
STUDY SESSION FORMAT
Spokane Valley City Hall Council Chambers
Spokane Valley,Washington
July 30,2013 6:00 p.m.
Attendance:
Councilmembers Staff
Tom Towey,Mayor Mike Jackson, City Manager
Gary Schimmels, Deputy Mayor Cary Driskell, City Attorney
Dean Grafos,Councilmember Erik Lamb,Deputy City Attorney
Chuck Hafner, Councilmember Mark Calhoun, Finance Director
Rod Higgins,Councilmember Mike Stone,Parks&Recreation Director
Ben Wick, Councilmember Eric Guth, Public Works Director
Arne Woodard, Councilmember John Holtman, Community Development Dir
Gabe Gallinger, Senior Development Engineer
Scott Kuhta,Planning Manager
Chris Bainbridge, City Clerk
Mayor Towey called the meeting to order at 6:00 p.m. and announced that there will be an Executive
Session at the end of tonight's meeting.
Roll Call: City Clerk Bainbridge called the roll; all Councilmembers were present.
ACTION ITEMS:
1. Approval to Submit WUTC Grant Application—Eric Guth
It was moved by Deputy Mayor Schirumels and seconded to approve the Vista Road/Trent Avenue BNSF
Railroad crossing for a WUTC grant application as presented. Public Works Director Guth explained
that the Washington State Utilities and Transportation Commission(WUTC) issued a call for projects for
railroad safety improvement grants of up to$20,000 per project; and that he suggests applying for a grant
for the Vista Road/Trent Avenue crossing which is made up of two crossings so we could be eligible for
up to $40,000 total. Mr. Guth said that although the grant pays 100% of the total cost up to the maximum
grant amount if design and construction management is contracted out, based upon the current
preliminary estimate, the City match would be approximately $11,000; and said if funded, he proposes
using REET(real estate excise tax)funds to provide that match. Mr. Guth noted that there was a question
at the last meeting concerning quiet zones and he said this project would not prohibit that should it be
desired in the future. Mayor Towey invited public comments; no comments were offered. Vote by
Acclamation:In Favor: Unanimous, Opposed:None. Motion carried
2. Approval to Submit TIB Grant Application--Eric Guth/Steve Worley
It was moved by Deputy Mayor Schi.'nmels and seconded to authorize staff to submit 2013 TIB Grant
applications for the Broadway Avenue Improvement Project, the 32nd Avenue Sidewalk Project, and the
Indiana Avenue Sidewalk Project as presented. Mr. Guth explained that after this issue was discussed at
the previous Council meeting, staff conducted further research as noted in the accompanying
memorandums, and it was determined that the Mission Avenue improvements project as well as the
Sprague Avenue lane reduction should not be recommended for these grants; that staff recommends
waiting until the final design of Mission Avenue has been developed with the involvement of the
Greenacres Neighborhood; and that the Sprague Avenue lane reduction project be developed more prior
to applying for grant funding, as there were few elements of this project that would score well according
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Approved by Council: 08-13-2013
to the TIB's scoring criteria. Mr. Guth further explained that staff recommends the Sullivan Road
sidewalk project also not move forward since this project involves a significant amount of right-of-way
and the cost of acquiring that is not eligible for reimbursement under the TIB Sidewalk Program.
Therefore, Mr. Guth said staff recommends moving forward for TIB grant applications for the Broadway
Avenue Improvement Project, the 32nd Avenue Sidewalk Project, and the Indiana Avenue Sidewalk
project. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In
Favor: Unanimous. Oppose None. Motion carried.
NON-ACTION ITEMS:
3.Park/Library Project Update—Mike Stone
Parks and Recreation Director Stone introduced Gary Bernardo,Bill Lame, and Dell Hatch,members of
consultant team from Bernardo Wills Architects. Mr. Stone said a third and final public meeting will be
held September 12, from 4 to 6 p.m., and the intent is to have the meeting on-site so members of the
community can see the layout of the various elements of the park, and so we and representatives from the
Library can get final feedback. Mr. Bernardo spoke about the three options which were developed in
preparation for the second meeting, and that after those options were reviewed, said the consensus was
that option A was the preferred option. The team went through the PowerPoint explaining their mission
statement, showing the aerial view of the site, along with slides showing the conceptual site plan of the
park and library, including some of the components such as a stage, veterans' memorial, reading garden,
and amphitheater. Parking was also discussed and the idea of parking on both sides of the library was
mentioned. Mr. Hatch reminded everyone that this plan is still conceptual, and that they expect their
survey to be complete within the next few days; he said the steering committee met this month and
discussed how to develop the plan and that the committee will meet again in a few weeks, with the hope
to have a complete plan in November, and then final presentation to Council. Councihnember Woodard
asked if there would be a benefit to have the road two-way just to Herald, and Mr. Bernardo said that was
not studied as that issue is beyond what they were asked to do. Mr. Hatch also mentioned that they met
with representatives from the Fire Department concerning their means of exit from the fire station.
4.Economic Development Update—John Hohman
Community Development Director introduced Senior Planner Basinger, and reported that Mr. Basinger
has been selected as the Economic Development Coordinator, and that it will be Mr. Basinger's job to
pull the items of the work program together. As a refresher, Mr. Hohman went through the PowerPoint
presentation explaining the activities staff has worked on since last March; adding that Mr. Basinger
developed an application which has been sent out to key stakeholders for review; and that one of the goals
is to have the certified sites program completed by the end of August.As shown on slide#8,Mr.Basinger
explained the work program and what it would entail; he said staff is looking at the industrial properties
as explained a few weeks ago, and said they have identified the portions of the industrial property that
have sewer; he said he feels it could be a great economic stimulus to offer some of the needed
infrastructure for that area; he said they are also working on the certified site program and want to
simplify the process and work with the property owners to reach their goal; he said they identified one of
the issues for them is looking at it as a marketing program; said some stakeholders felt it should not be
limited but should be offered to anyone who can use it; he said they are coordinating these issues with the
program partners and want to make sure they are promoting Spokane Valley; and again stated staff wants
to market some of the projects we have for the City to make it easy to understand what and why we do
what we do, and to get people involved. Mr. Basinger added he wants to look at the census data and
compile demographic information as well as socioeconomic status data. Mr. Hohman asked Council if
there is anything else they would like to see or move forward; and said he feels this work plan has many
elements and staff will spend dedicated time to complete some of these tasks. Council comments included
congratulations to Mr. Basinger on his new appointment; that they are encouraged by the process;that we
are a City of great potential and we need to do more marketing to publicize that message.
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Approved by Council: 08-13-2013
5.Industrial Land Sewer—John Hohman, Gabe Gallinger
Community Development Director Hohman said that this agenda item is a continuation on the issue
briefly discussed by Mr. Basinger a few weeks ago; and said staff spent a lot of time over the last few
months coordinating with landowners and developers and Spokane County Utilities about what it would
take to open this area for development. Mr. Hohman said they want to as much as possible, keep the
amount of infrastructure to a minimum; that they are not proposing to extend any sewer on Flora. Mr.
Gallinger explained the phased approach as noted on slides seven through ten; said we don't need to do it
all at once, and recommended splitting the costs into thirds. Mr. Hohman said staff will continue to work
with potential private partners, and said we don't want to move forward without certainty that
development will occur; that there is a lot of potential, and staff will bring updates to Council as they
become available.
Mayor Towey called for a recess at 7:30 p.m., and reconvened the meeting at 7:40 p.m.
6. Spokane County Saltese Wetlands Restoration--John Hohman, Gabe Gallinger
Community Development Director Hallman gave a brief history of the County's ongoing wetland
restoration project and proposed floodplain restudy of the Saltese Flats/Shelley Lake area; said this was
initiated by Spokane County Utilities and that we operate in the review capacity of floodplain
administrators for our City; he said we have worked very closely over the last two years to operate as a
team to review this as part of the ongoing sewer needs; he said the decision last week concerning the
discharge permit into the River confirmed almost everything on the permit except for some added detail
that the Department of Ecology will have to look at. City Manager Jackson said he spoke with Kevin
Cooke and they are happy with the decision that allows the discharge; that the Saltese Flats idea could
have been a secondary location for discharge, but there are no concrete plans on that, but that tonight we
will explain how our staff has been involved.
Mr. Gallinger explained that we have not been involved in the design or even the review exclusively in
the County and outside our city limits; and Mr. Hohman added that when we perform a flood study, the
few components we work on include how much water will be developed and then we bring in the
mapping component, and said without completing and validating and calibrating the hydrology, which
information we don't yet have,we can't do the next step. Mr. Hohman said he can get the actual list of the
various steps required for Council, but it will take some time, noting that there are also appeal periods; he
said this is the exact process used with Chester Creek where the initial map showed flooding well beyond
what we thought was reasonable; then the City identified every drywell in the vicinity of the floodplain,
and cleaned and tested the drywells and provided the information to West Consultants, which Mr.
Hohman explained, is why the floodplain map was reduced in that location; he said that is how the
process should proceed, and said we have a long way to go to get the approved map. Mr. Holunan also
noted that this part just includes the existing conditions and they have not reviewed what could happen
when the County introduces wastewater; adding that this is just a very early look at initial conditions, and
said there are a lot of constraints the County would have to comply with and those have not been looked
at in detail as they are outside our jurisdiction. Mr. Hohman said we want to make sure our residents are
not impacted negatively.
7. Appleway Landscaping Phase I—Eric Guth
Mr. Guth gave the history of this project, as noted in his Request for Council Action dated July 30, 2013;
and then via his PowerPoint presentation explained that this deals with the preliminary design of
Appleway Landscaping Phase 1, which includes Dora to Park Road. Director Guth explained that the
planning level construction cost is estimated at$210,000, and that Council concurred for the design work
to start on Phase 1. Mr. Guth said that the project is in progress and that we have an agreement with
SPVV Landscape Architects, and he showed depictions of the existing area compared with the proposed
landscaped area; he briefly discussed the project's west and east halfs depicting the existing landscaping,
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Approved by Council: 08-13-20I3
irrigation crossings, and proposed improvements; showed a diagram of a typical cross-section area with
wales; and mentioned the plan to replace broken PVC pipe with ductile iron, and said the preliminary
cost estimate for 30% design construction is $260,000, which includes 30% contingency. Mr. Guth said
the next steps include updating the design to 60%, contacting the property owners along the corridor,
finalizing the bid package and cost estimate, and then Council consideration of adoption of the
construction funding for the 2014 budget.
8.Initiative 502 Update—Erik Lamb, Scott Kuhta
Deputy City Attorney Lamb stated that since the passage of Initiative 502, the Liquor Control Board has
initiated proposed rules which staff is analyzing so implementation can begin. Mr. Lamb explained that
recreational marijuana is the focus, that the Liquor Control Board continues their rulemaking process
which will include a public hearing, and that the Board expects the rules to be effective September 16,
after which they will begin accepting applications, and that they anticipate issuing licenses in December
or January. Through their PowerPoint presentation, Mr. Lamb explained the definitions of a marijuana
producer, processor, and retailer, and said concerning zoning, that no licensed marijuana facilities or
advertising may be done within 1,000 feet of certain establishments, including schools, playgrounds,
recreation centers, child care centers, public parks, libraries, or game arcades. Mr. Kuhta added that staff
has received several inquiries from individuals questioning where they could place their business, but
explained that we don't have the specific marijuana laws yet in our Code, but Council can establish those
laws if they desire. Mr. Lamb added that we have made administrative determinations about where
marijuana can be processed, sold or grown, and to eliminate confusion for these new possible uses, he
said staff recommends amending our permitted use matrix to provide for the four license types; he said
the process would go through the Planning Commission as usual and then to Council. Concerning
medical marijuana,Mr. Lamb said that is not subject to the 1,000 foot buffer or the Liquor Control Board
licensing, and said we have had no complaints about existing providers; but he added that we still have
not received any indication from the federal government on what they would do with either recreational
or medical marijuana; that it is his understanding a medical dispensary on the West side of the state was
raided. Mr.Lamb said staff is not recommending anything concerned with medical marijuana. Mr. Lamb
asked for a consensus from Council concerning whether staff should move this to the Planning
Commission, continue to wait to gather more information, or use the current zoning regulations. Mayor
Towey stated that being proactive would clarify the issue for those who wanted to pursue this; and
Councilmembers apparently nodded in agreement. Mr. Kuhta added that as for a typical code text
amendment, this would allow the Planning Commission to make recommendations, and then Council
could look at the matrix with flexibility to either restrict or expand as they feel best for the community.
9.Advance Agenda--Mayor Towey
There were no suggested changes to the Advance Agenda, and Mayor Towey reminded everyone that
next week's Council meeting has been cancelled so Councilmembers can participate in "National Night
Out."
10. Information Items of(a) Police Department Monthly, (b) Upcoming Public Works Projects Bids, (c)
Street Vacation STV 2013-0001, (d) Draft 2014 Council Goals, and (3) Ops &Admit) Quarterly Report
were for information only and were not reported or discussed.
11. Council Check-in-Mayor Towey
Councilmember Grafos said a citizen informed him of a problem near Savage Land Pizza on Dishman
Road and 12th, as that area is a dark dead-end street and he would like the Police Chief to look into the
possibility of putting in a streetlight at the trailhead at the end of the street. Mr. Jackson said that street
lights are coordinated by our public works department and the Police Department, and said the will check
into that possibility,and report back to Council.
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Approved by Council: 08-13-2013
12. City Manager Comments--Mike Jackson
Mr.Jackson mentioned Council's legislative agenda and our City's former request to increase the level of
liens when dealing with nuisance abatement cases when the City spent funds; which legislation did not
pass. Mr. Jackson said AWC (Association of Washington Cities) would like to put together a list of
priorities within the next few days and he asked Council if they had any objection to him advancing that
former request. No objections were noted.
EXECUTIVE SESSION: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed
to adjourn into Executive Session for approximately forty-five minutes to discuss potential land
acquisition, and that no action would be taken upon return to open session. Council adjourned into
Executive Session at 8:49 p.m.
At approximately 9:52 p.m., Mayor Towey declared Council out of Executive Session. It was moved by
Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at
approximately 9:53 p.m.
A Th. as E. To v'� ey, Mayor
Christine Bainbridge, City Clerk
Council Study Session Minutes 07-30-2013 Page 5 of 5
Approved by Council: 08-13-2013