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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 Council Study Session Minutes 07-30-2013 Page 1 of 5 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. Council Study Session Minutes 07-30-2013 Page 2 of 5 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, Council Study Session Minutes 07-30-2013 Page 3 of 5 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. Council Study Session Minutes 07-30-20I3 Page 4 of 5 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