Loading...
2004, 10-19 Study Session MinutesAttendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember MINUTES CITY OF SPOKANE VALLEY STUDY SESSION Tuesday, October 19, 2004, 6:00 p.m. Staff: Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Cal Walker, Police Chief Marina Sukup, Community Development Director Tom Scholtens, Building Official Greg McCormick, Long Range Planning Manager Bing (Greg) Bingaman, IT Specialist Steve Worley, Senior Engineer Chris Berg, Code Enforcement Officer Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session, and requested that all electronic devices be turned off for the duration of the meeting. 1. PUBLIC HEARING: 2005 - 2006 Community Development Block Grant (CDBG) Projects — Greg McCormick Mayor DeVleming opened the public hearing at 6:05 p.m. Long Range Planning Manager McCormick explained that this hearing is a required step in order to be eligible to receive CDBG funding. After giving a brief explanation on the background of the program, and the statutory funding limits on what the funding can be used for, Mr. McCormick explained the funding priorities which are established county- wide as a result of a survey conducted by the County: street improvements are high priority; sidewalks were not rated; sewer improvements were high priority; and planning or economic development were high priority. Mr. McCormick reviewed the projects for consideration: (1) street project on Montgomery from UPRR Crossing to SR 27 (Pines): a grind and replace, not a full reconstruction, with an estimated cost to the city of $464,400; (2) second portion of that project, from Hutchinson to UPRR Crossing, with an estimated cost of $461,700; and (3) an economic development planning project: Urban Design Action Team (R /UDAT) which is a grass -roots type of approach to help communities identify actions that would increase livability, with an estimated cost of $25,000. Mr. McCormick then explained the next steps in the process. Mayor DeVleming invited public comment. Mary Pollard, Greenacres, Wa: in order to assist those interested in participating in this process, she asked if materials might be made available (in the future), to help members of the public understand what is at issue, and that it would help if Council explain what CDBG stands for. At Council direction, Mr. McCormick explained what CDBG stands for, and said that the County has all the program information which can be found at their website. Mayor DeVleming invited further public comment, no further comments were offered. Council discussion continued regarding the Mansfield interchange that affects Montgomery road. Mr. Worley explained that Spokane County Public Works determined which are the worst streets which Study Session Minutes of 10 -19 -04 Page 1 of 4 Approved by Council: 10 -26 -04 would qualify under this program, and that this road came up high in terms of needing to be replaced due to road condition and amount of traffic. There being no further discussion, Mayor DeVleming closed the public hearing at 6:16 p.m. 2. Motion Consideration: CDBG Project Selection — Greg McCormick It was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve the list of project applicants. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Street Vacation Ordinance — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Schimmels to advance Ordinance 04 -043 to a second reading. Community Development Director Sukup went over the background including information about the public hearing held by the Planning Commission. She explained that a portion of that road is still under jurisdiction of Washington State Department of Transportation (WSDOT) so the request had to be amended; she explained that the Sprague Avenue right -of -way and a portion of David Road 20 feet south of the Sprague Avenue right -of- way were conveyed to WSDOT for the same project; that the applicant wants to acquire the property to construct 208 - swales; and that portion must be declared as surplus as shown on the map. Discussion ensued regarding easements, utilities, wastewater interceptors, and procedure to declare the property (or a portion of it) surplus. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, and Councilmembers Schimmels, Munson, Flanigan and Denenny; Opposed: Councilmember Taylor. Abstentions: None. Motion carried. 4. Budget Discussion, Outside Agency Funding - Nina Regor Deputy City Manager Regor explained the background concerning these outside agency funding requests for the 2005 budget; and went over what the 2004 funding results were; she said that staff seeks direction on the 2005 allocation to include in the budget. Ms. Regor also mentioned that regarding comments made last week from members of the Economic Development Council (EDC), that they were speaking about the value of the EDC in the business community, with the tax rate of about $17, and that a ten million dollar value would produce about $180,000 in tax revenue for Spokane Valley; but that actually $17 is the consolidated tax rate for this area which includes the school and fire districts; so the revenue figure would be closer to $16,000 to $20,000. Concerning these outside agency requests, $100,000 has been proposed for the 2005 budget, and request totals came to about $267,483. After examining and discussing the chart and figures showing each councilmember's suggested allocation for each agency, it was suggested to allocate funds the same as those allocated during 2004, except move $1,000 from the Chase Youth Foundation to the Spokane Valley Meals on Wheels. Deputy Mayor Wilhite said she feels many of these social agencies should not be competing with the EDC and ITA for the same funding, and it was Council consensus to include a separate line item for the EDC and ITA in future budgets. 5. Code Enforcement Update - Tom Scholtens /Chris Berg Building Official Scholtens and Code Enforcement Officer Berg explained some of the history concerning code enforcement, and how it has been helping citizens understand and comply with the various civil laws Council has provided. Mr. Scholtens and Berg gave their PowerPoint presentation showing numerous examples of "before" and "after" pictures in dealing with general nuisance complaints, environmental /hazardous complaints, solid waste complaints, etc,; and mentioned we have no ordinance yet on weed control. They discussed how the number of pending cases was steadily increasing until the hiring of the second code enforcement officer, and how she has made a direct impact on those numbers; that all abatements that have taken place thus far are voluntary; and they ended with an explanation of the mobile automation system and how it dramatically increases productivity. Deputy City Manager Regor commended staff for their work and added that staff has been building cooperative arrangements and Study Session Minutes of 10 -19 -04 Page 2 of 4 Approved by Council: 10 -26 -04 partnerships with other agencies like the police and fire departments, Health District, and Department of Ecology. It was mentioned that since incorporation there have been approximately 1100 cases abated. 6. Scooters (safety, nuisance) Cary Driskell Deputy City Attorney Driskell, Legal Intern Josh Leonard, and Police Chief Walker went over the background concerning motorized foot scooters and that staff was directed to address the issue of scooters from a safety and nuisance stance, and to review and perhaps incorporate into our own ordinance, some of the City of Spokane's draft scooter ordinance Mr. Driskell also mentioned the issue of parental responsibility needs to be resolved concerning underage use of scooters, and the issue of confiscation. Chief Walker added that there is always the option of using the juvenile referral process for underage users of motorized scooters. Discussion ensued regarding the operation of scooters on sidewalks, and use of radar to track the speeds of the devises. It was decided to move forward to include parental responsibility and confiscation, and to examine the language concerning not allowing any modification to the device as that might mean no one could add brakes to a scooter if they did not come so equipped. Attorney Driskell added that once more information becomes available on statistics and actual use, the ordinance can be modified later as needed. It was Council consensus to proceed. 7. Panhandling Research Report Cal Walker /Cary Driskell Chief Walker summarized his October 11 report, and showed several slides of areas of concerns; he mentioned that he met with several individuals from various social agencies to discuss ways to work together in contacting the homeless to assist them in their situation and to also aid in criminal prevention; he mentioned that at I -90 and Sullivan next to the Mirabeau Hotel, there have been about fifteen to twenty people camping regularly in a spot near the freeway; that most businesses don't want the transients using their facilities; and with the people camping in that and other areas, human waste is a problem; that some of these people are mentally impaired, and he asked how Council desires to address this in the community. Discussion turned to the issue of people passing money from their cars to the panhandlers which at times infringes on the flow of traffic; and along with this to perhaps set some guidelines about people volunteering their time to solicit donations for valid charities. Mayor DeVleming asked what we can do to help protect businesses in the community and those who are being victimized by those campers. Chief Walker will direct his staff to work on camping issue, and Attorney Driskell said he will also check to see the approach used by other Cities facing these similar issues 8. Special Events Ordinance Amendments - Cal Walker Chief Walker summarized his October 19, 2004 memo concerning the coordination of special events, and of perhaps further refining the city's ordinance He mentioned that these special events raise many concerns such as noise, traffic congestion, and other public safety issues; that we presently to not have the tools to handle a large influx of people; that perhaps a fee should be associated with these permits to cover costs, and that some process must be in place to coordinate all efforts from the various departments who will need to be involved. Council gave consensus for staff to work toward creating something more workable. 9. Massage Parlors /Bath Houses Regulations - Cal Walker Chief Walker explained that this is the first touch on this issue, and wanted to generate discussion on the licensing procedure; that there are three bathhouses /massage parlors within our city limits, and apparently there is no ordinance regulating these establishments; and that he requests Council consider establishing an ordinance that mirrors the existing County requirements for licensing establishments and employees, adding that he has received numerous phones calls concerning this subject. Attorney Driskell said he examined the County's ordinance which was enacted in 1973, and that he has some suggestions for change. There was no objection for staff to move forward with this issue, to review the complete application process and tie it in to cost recovery. Study Session Minutes of 10 -19 -04 Page 3 of 4 Approved by Council: 10 -26 -04 10. B3 Uses in 12 Zones - Marina Sukup Community Development Director Sukup explained that during the next several months, the Planning Commission will be working on implementing regulations for the Comprehensive Plan, and that part of that will entail reviewing the schedules of permitted and accessory uses included in the matrices, as well as the definitions associated with those uses; that in reference to Ordinance 03 -053, Council added back a number of uses that had been deleted, and that the same ordinance amended the provisions relating to nonconforming uses but only as to those deemed nonconforming as a result of our adoption of the ordinance. As an example, Ms. Sukup said when the County adopted their ordinance, they got rid of slaughterhouses, but failed to get rid of animal processing and stockyards plants. Councilmember Denenny said he would like to see some examples of situations we would be dealing with or examining to change, and discussion included future land use, land use in terms of existing uses, and consistency. Director Sukup said this is a first touch on this subject and is brought as an information item that the Planning Commission will be working on this including the definitions. It was moved by Councilmember Munson, seconded, and unanimously agreed upon to extend the meeting fifteen minutes. 11. Advance Agenda Additions — Mayor DeVleming Councilmember Taylor brought up the topic of the upcoming proposed utility tax proposal and of the importance of hearing from the public on this topic; and that although Council has been discussing this issue for several weeks, it does not want the public to perceive that next week will be the first real discussion. Deputy City Manager Regor said that based on next week's discussion, she can put some information on our website. Councilmember Munson said probably in the fall of next year, a decision should be made about being an entitlement city for community development grants, and feels the need for discussion to develop consensus on how much funding we get and what to do with those funds and that he would like to get that discussion started. Mayor DeVleming asked staff to get the schedule from Mr. McCormick and work backward in putting those dates on the advance agenda. Mayor DeVleming mentioned that the Student Advisory Council has been working on their by -laws, and that Council must approve them, and that a presentation is set for December 7 with approval consideration set for December 14, and that he expects some or all of the students present at the December 7 study session. 12. Council Check -in — Nina Regor Deputy City Manager Regor asked if Council had any other issues to address and they indicated there were none. There being no further business, the meeting adjourned at 9:10 p.m. 4, / - 6hristine Bainbridge, City Clerk Study Session Minutes of 10 -19 -04 Approved by Council. 10 -26 -04 Michael DeVleming, May Page 4 of 4 NAME PLEASE PRINT ADDRESS TELEPHONE u,,, dal PUBLIC HEARING SIGN -IN SHEET 2005 -2006 Community Development Block Grant (CDBG) Projects SPOKANE VALLEY CITY COUNCIL MEETING DATE: October 19, 2004 All persons wishing to speak at a PUBLIC HEARING must sign in with your name and address for the record. There may be a time limit for your comments. A copy of any written comments relating to the public hearing subject must be provided to the City Clerk. International Trade Alliance $14,000 $35,000 Chase Youth Commission 2,000 10,000 Economic Development Council 55,000 175,000 Project Access 25,000 25,000 Valley Community Center 4,000 14,283 SV Meals on Wheels 0 8,200 Amount Proposed in 2005 Budget: $100,000 CITY OF SPOKANE VALLEY Outside Agency Requests 2005 Proposals 2004 2005 2005 Allocation Request Allocation $100,000 $267,483 $0 Meeting Date: October 19, 2004 Item: Check all that apply E =l consent [I old busyness ® new business CI public heanng information [1 admen report ® pending legislation AGENDA ITEM TITLE: CORRECTION First Reading of an Ordinance vacating a portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thierman Road. (Street Vacation Request STV- 03 -04) PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No 04 -001 (Street Vacations) in January 2004 On July 27'", 2004 by Resolution 04 -022 City Council set August 26"', 2004 as the date for a public hearing on the proposal BACKGROUND: Planning Commission held a public hearing on the vacation on August 26, 2004. The Washington Department of Transportation ( WSDOT) retains a portion of David Road extending 20 feet south of the Sprague Avenue right -of -way Applicant amended the request to exclude that portion of David Road Planning Commission held a public hearing on the amended request on October 14, 2004. Chris Linc Properties L.L.0 , 2320 North Atlantic Street, Spokane WA 99205 the owner of abutting Parcel No 35242.0102 amended the request for the vacation of a remainder of David Road, onginally acquired by Spokane County for the Appleway Extension. The amended request does not include the portion of David Road extending 20 feet south of the Sprague Avenue right -of -way which remains within the jurisdiction of WSDOT. Spokane Utilities will require a 25 -foot easement for a 54 inch wastewater interceptor current located on the adjacent property to the east The sewer interceptor extends to the centerline of David Road and then proceeds in a southerly direction Spokane Water Distnct No 3 will require a 20 -foot easement to allow for the repair, maintenance and replacement of an existing water line. Drywells will need to be located not less than ten feet from the water line, while maintaining five feet of cover over the line itself. In addition Avesta will require a ten foot easement five foot from the centerline of existing power lines along the east boundary of the property and a ten foot easement along the west side of David Road located five feet from the centerline of a two inch natural gas line extending between Sprague Avenue and Appleway The gas line will require a minimum of 30 inches of cover f ;r..,, i " l.'» and prohibition of asphalt paving • - _ -== and/or the traffic of srIM equipment exceeding 30,000 pounds /axle over the easement. CITY OF SPOKANE VALLEY Request for Council Action aoa Any future vacation of that portion of David Road currently within the jurisdiction of WSDOT will require reservation of a seven foot easement adjacent to the right -of -way of Sprague Avenue for Avista "Surplus" i i WSDOT Jurisdiction gy m•„ e;:244w David Street ROW 1f1 VIM t&,z r. rrn , sg„9.110; at.Mrwaa •a Fj OE IS j! Fi _ # a ]at J UX-LZ4 PAIN CZNIERJ € STAFF CONTACT Marina Sukup, ACP, Community Development Director RP J Applicant also requested the vacation of the remainder of the Appleway extension acquisition be vacated. This requires notice to City Council of the proposal to declare the property "surplus" and a determination by a Department Director that the property is indeed surplus. The Finance Director will sure an appraisal and the property will be sold to the highest bidder pursuant to Section 3.40.070 § 4. 5 of the Spokane Valley Municipal Code OPTIONS: Advance the ordinance vacating a portion of David Street to second reading, amend the ordinance, deny the request or take no action RECOMMENDATION: Approval, subject to meeting the requirements for reservation of easements by public and private utilities, and conditions associated therewith 1)RAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-043 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF DAVID ROAD LOCATED BETWEEN SPRAGUE AVENUE AND APPLEWAY BOULEVARD, WEST OF TIIIERMAN AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 04-022 initiated vacation proceedings for a portion of David Road located between Sprague Avenue and Appleway Boulevard. west of 'Ihierrnan Road. by providing that a hearing on the proposal would be held before the Planning Commission on the 26th day of August, 2004.; and WHEREAS; the Washington Department of Transportation (WSDOI) retains that portion of David Road located south of the Sprague Avenue right -of -way pursuant to deeds recorded on January 11, 2000 (Recording Nos. 4446885 through 4446897); and WHEREAS, the Planning Commission held a public hearing on August 26, 2004 on the proposed vacation, and subsequently held a public hearing on October 14, 2004 to consider an amended request excluding that portion of David Road currently owned by WSDOT; and WIIEREAS, following a hearing before the Planning Commission, it has been fintnd and determined that the vacation of the above referenced street complies with City Ordinance 04- 002, Section 11(SVMC Chapter 10.05) and include one or more of the following findings: (1) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WIIEREAS, the Planning Commission findings and/or minutes have been tiled with the City Clerk as pars of the public record supporting the vacation; WHEREAS, fifty percent of the property owners abutting the property to he vacated did not file a written objection to the proposed vacation with the City Clerk; WHERF.AS. through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each. unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; Ordinance 04 -143 Starbucics Vacation Pagc 1 of 4 DRAFT WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate thc street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zon . The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall be submitted to thc City in accordance with City Ordinance 04 -002, Section 16 (SVMC Chapter 10.05). 2. Fees and Costs associated with the transfer of title to the vacated property shall he paid by the recipient (or grantee) of such property. The tees and costs include all direct and indirect costs of title transfer to the vacated street. 3. A reservation in the form of an easement providing for private and public utility services subject to such conditions shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Ordinance os -oi:1 Starhucks Vacation Page 2 of DRAFT Effective Qate. This Ordinance shall be in full force and effect five (5) days aRer publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. ATTEST: PASSED by the City Council this day of 2004. City Clerk, ChristineBainbridge Approved As To Form: Deputy City Attorney Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming Ordinance 04-043 Starfwcks Vacation Ptgc 3 of 4 DRAFT g J Exhibit "A" 3cte wok min" erm AssEswirs x4ufittio mtuermia it.cr4R • P U4 et 1114.7 A!IM CENTULIE Property Description 14 jr a A portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thierman Road. Ordinnece 04-043 Sitarbucks Vacalion Pegs 4 (1114 Meeting Date: October 19. 2004 CITY OF SPOKANE VALLEY Request for Council Action Item: Check all that apply ❑ consent ❑ old business n new business ;] public heanng L� information ❑ adman report E pending Iegistabon AGENDA ITEM TITLE: CORRECTION First Reading of an Ordinance vacating a portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thierrnan Road. (Street Vacation Request STV- 03-04) PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No 04 -001 (Street Vacations) in January 2004. On July 2r, 2004 by Resolution 04 -022 City Council set August 26 2004 as the date for a public hearing on the proposal_ BACKGROUND: Planning Commission held a public hearing on the vacation on August 26, 2004. The Washington Department of Transportation (WSDOT) retains a portion of David Road extending 20 feet south of the Sprague Avenue right -of -way. Applicant amended the request to exclude that portion of David Road Planning Commission held a public heanng on the amended request on October 14, 2004 Chns Linc Properties L.L.C., 2320 North Atlantic Street, Spokane WA 99205 the owner of abutting Parcel No 35242.0102 amended the request for the vacation of a remainder of David Road, originally acquired by Spokane County for the Appleway Extension. The amended request does not include the portion of David Road extending 20 feet south of the Sprague Avenue right -of -way which remains within the jurisdiction of WSDOT. Spokane Utilities will require a 25 -foot easement for a 54 inch wastewater interceptor current located on the adjacent property to the east The sewer interceptor extends to the centerline of David Road and then proceeds in a southerly direction. Spokane Water District No 3 will require a 20 -foot easement to allow for the repair, maintenance and replacement of an existing water line Drywells will need to be located not less than ten feet from the water line, while maintaining five feet of cover over the line itself In addition Avista will require a ten foot easement five foot from the centerline of existing power lines along the east boundary of the property and a ten foot easement along the west side of David Road located five feet from the centerline of a two inch natural gas line extending between Sprague Avenue and Appleway The gas line will require a minimum of 30 inches of cover and prohibition of asphalt paving and/or the traffic of heavy equipment exceeding 30,000 pounds /axle over the easement. Any future vacation of that portion of David Road currently within the jurisdiction of WSDOT will require reservation of a seven foot easement adjacent to the right -of -way of Sprague Avenue for Avista U r $_I 3311 I MIX WSDOT Jurisdiction 40/11.714 $ & David Street ROW �>• v 13 if Fa A �1► t -_.___ 1111 os �, ,� c lit AVE IANY:. IRA .--_ ASSE MIK DOC%P''." 4b5et.se 4tcMClf o• . irG1 MIDI PAM CfM logic Y 4 Applicant also requested the vacation of the remainder of the Appleway extension acquisition be vacated. This requires notice to City Council of the proposal to declare the property "surplus" and a determination by a Department Director that the property is indeed surplus The Finance Director will secure an appraisal and the property will be sold to the highest bidder pursuant to Section 3.40 070 § 4, 5 of the Spokane Valley Municipal Code OPTIONS: Advance the ordinance vacating a portion of David Street to second reading, amend the ordinance, deny the request or take no action RECOMMENDATION: Approval, subject to meeting the requirements for reservation of easements by public and pnvate utilities, and conditions associated therewith STAFF CONTACT. Marina Sukup, AICP, Community Development Director DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-043 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF A PORTION OF DAVID ROAD LOCATED BETWEEN SPRAGUE AVENUE AND APPL.EWAY BOULEVARD, WEST OF THIERMAN AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council by Resolution 04 -022 initiated vacation proceedings for a portion of David Road located between Sprague Avenue and Appleway Boulevard, west of Thiernutn Road. by providing that a hearing on the proposal would be held before the Planning Commission on the 26th day of August, 2004.; and WHEREAS; the Washington Department of Transportation (WSDOT) retains that portion of David Road located south of the Sprague Avenue right -of -way pursuant to deeds recorded on January 11, 2000 (Recording Nos. 4446885 through 4446897); and WHEREAS, the Planning Commission held a public hearing on August 26, 2004 on the proposed vacation, and subsequently held a public hearing on October 14, 2O04 to consider an amended request excluding that portion of David Road currently owned by WSDOT; and WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above referenced street complies with City Ordinance 04- 002, Section 11(SVMC Chapter 10.05) and includes one or more of the following findings: (1) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WIIEREAS, the Planning Commission findings and/or minutes have been filed with the City Cleric as part of the public record supporting the vacation; WI IEREAS, filly percent of the property owners abutting the property to be vacated did not file a written objection to the proposed vacation with the City Clerk: WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each. unless circumstanccs require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; Ordinance 04-443 Starbucks Vocation Page 1 of 4 DRAFT WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04-002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes thc following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and determined that the property adjacent to the vacated property is otherwise served by puhlic or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least lilty percent of the abutting property owners; and (4) vacation of the street or alley serves the puhlic interest. Section 2. Property to be Vacated. Rased upon the above findings and in accordance with this ordinance, the City Council dots hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within thc respective property or lot lines. The Director of Community Development is authorized to make this notation on thc official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall be submitted to the City in accordance with City ()rdinancc 04 -002, Section 16 (SVMC Chapter 10.05). 2. Ices and Costs associated with the transfer of title to the vacated property shall be paid by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of title transfer to the vacated street. 3. A reservation in thc form of an casement providing for private and public utility services subject to such conditions shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents. including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. Scverability. If any section, sentence, clause or phrase of this Ordinance shall be held to he invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. ()dinner 04.043 Starfiucka Vacation Page 2 of 4 1)RAi I Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. A PASSED by the City Council this day of 2004. City Clerk. Christincf3ainbridgc Approved As To Form: Dcpuly City Attorney Cary P. Driskcll Date of Publication: Effective Date: Mayor, Michael D Vleming Ordinance 04-043 Starhucks Vacation rage 1 of 4 DRAFT 1 1 Exhibit "A" — X' KIM [AN'ULN POI WOW 7:r• i•JOS tet IUD, rim anoleaart Property Description 1 • A portion of David Road located between Sprague Avenue and Applcway Boulevard. west of Thicrman Road. Ordinance 04-043 Starbucks Vacation Page 4 of 4 rn1 STREET VACATION STV -03 -04 Chris Linc Properties LL.C., 2320 North Atlantic Street, Spokane WA 99205 , October 19, 2004 Background • Appleway right -of -way acquisition remainder and a portion of David Road located between Sprague Avenue and Appleway. west of Thierman Road. • Planning Commission held a public hearing on August 26, 2004 and tabled the decision pending information conceming WSDOT's ownership of 20 ' for David Road south of the Sprague ROW • A second hearing was held on the amended request on October 14. 2004 • Spokane County acquired Blocks 5 and 6 of the Miller Park Addition for the Appteway extension • The Sprague Avenue right -of -way and the portion of David Road 20 feet south of the Sprague Avenue right - of -way were conveyed to WSDOT for the same project. • Spokane County installed a 54" wastewater interceptor though Block 5. The interceptor is actually located six feet north of the south easement line • Spokane County subsequently sold the remainder of Block 5 to applicant AfrAFAIVII Reque r Background Original Reque t 1 4 ▪ a . - rEiectric Distribution • Applicant proposes to acquire the property for the purpose of cloak. constructing required 208 swales �.. ,� .. m v.. aPlea.aw Easements /Conditions • Spokane Utilities will require a 25 -foot easement for a 54 inch wastewater interceptor • Spokane Water Distnct No 3 requires a 20 -foot easement to allow for the repair. maintenance and replacement of an existing water line Drywells will need to be located not Tess than ten feet from the water line, while maintaining five feet of cover over the line itself. • Avista requires a a 10 foot easement five foot from the centerline of existing power lines along the east boundary of the property and a 10 foot easement along the west side of David Road located five feet from the centerline of a two inch natural gas line with a minimum of 30 inches of cover and prohibition of paving and /or the traffic of equipment exceeding 30.000 pounds !axle over the easement • A different process is required for disposition of "surplus' property RECOMMENDATION • Approval of the vacation of the David Street right - of -way subject to meeting requirements for a survey and reserving the necessary easements for public/private utilities and the conditions associated therewith 3