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2019, 06-18 Study Session MINUTES SPOKANE VALLEY COUNCIL MEETING STUDY SESSION Spokane Valley City Hall Council Chambers Spokane Valley, Washington June 18, 2019 Attendance: Councilmembers Staff Rod Higgins, Mayor John Hohman, Deputy City Manager Pam Haley, Deputy Mayor Cary Driskell, City Attorney Brandi Peetz, Councilmember Erik Lamb, Deputy City Attorney Linda Thompson, Councilmember Mike Stone, Parks &Rec. Director Ben Wick, Councilmember Mark Werner, Police Chief Sam Wood, Councilmember Lori Barlow, Senior Planner Arne Woodard, Councilmember Karen Kendall, Planner Mike Basinger, Economic Dev. Manager Gloria Mantz, Engineering Manager Christine Bainbridge, City Clerk Mayor Higgins called the meeting to order at 6:00 p.m. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Haley, seconded, and unanimously agreed to approve the amended agenda. ACTION ITEMS: 1. CONSENT AGENDA: consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. Proposed Motion:I move to approve the Consent Azenda. a. Approval of claim vouchers on June 18, 2019 Request for Council Action Form Total: $2,705,654.79 b. Payroll Approval for Payroll ending May 31, 2019: $523,738.54 c. Approval of May 28, 2019 Council Meeting Minutes, Special Meeting Executive Session d. Approval of May 28, 2019 Council Meeting Minutes, Regular Formal Format e. Approval of June 4, 2019 Council Meeting Minutes, Special Meeting Executive Session f. Approval of June 4, 2019 Council Meeting Minutes, Study Session Format It was moved by Deputy Mayor Haley, seconded and unanimously agreed to approve the consent agenda. 2. Second Reading Ordinance 19-007,Amending Addressing Standards—Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Haley and seconded to approve Ordinance 19-007 adopting a new Chapter 22.135 and amend Appendix A of the Spokane Valley Municipal Code. Building Official Nickerson, standing in for Ms. Kendall, explained that there have been no changes since the first reading, and this ordinance formalizes the procedures and standards that align with the current addressing protocol. As a public hearing on this issue was previously held, no public comments were solicited. Vote by acclamation:In favor: unanimous. Opposed: none. Motion carried. 3. Resolution 19-009 Setting Planning Commission Hearing for a Privately-Initiated Street Vacation (Broadway Ave)—Karen Kendall It was moved by Deputy Mayor Haley and seconded to approve Resolution 19-009 setting July 25, 2019 as the date for a public hearing before the Planning Commission, on Street Vacation application STV-2019- 0003. After Planner Kendall explained about the proposed street vacation, Mayor Higgins invited public Council Study Session: 06-18-2019 Page 1 of 9 Approved by Council: 07-09-2019 comments. No comments were offered. Vote by acclamation:In favor:unanimous. Opposed:none. Motion carried. 4. Motion Consideration: Pines Grade Separation Project Preferred Design Selection—Gloria Mantz It was moved by Deputy Mayor Haley and seconded to advance the design of the project using Alternative 2 alignment with a roundabout as intersection control. Ms. Mantz briefly explained about the project,the project timeline, and the alternatives, along with staff's recommendation based on the Phase I alternative analysis,to advance the design with alternative 2 alignment with a roundabout intersection control. Mayor Higgins invited public comment. Ms. Barb Howard, Spokane Valley: said she encourages Council to go with the recommendation and said she feels the roundabout would be workable. Mr. James Johnson, Spokane Valley: mentioned he is the current chair of the Spokane Valley Planning Commission, and said he didn't notice until today, that the alternative design includes an option to turn on to Portland Avenue off the northwest corner in the roundabout, and said he is curious why Portland was chosen instead of curving around and going on to Euclid. Ms. Mantz explained that they are working in coordination with Spokane County to provide access to the County's facility where they have large trucks. Mr. Andrew Tate, Spokane Valley: said that intersection onto Portland goes in front of his house and the intersection to turn on to Cement doesn't seem to work; said he assumes there will be additional design coming to this to handle vehicles coming back to the area like from the County sewage plant. There were no further public comments. After brief comments from Council, vote by acclamation: in favor: unanimous; opposed: none. Motion carried. 6. End of Legislative Session Report—Josh Weiss of Gordon, Thomas, Honeywell Mayor Higgins explained that this item is being moved up as Mr. Weiss has a plane to catch. Mr. Weiss went through his PowerPoint giving Council an overview of the 2019 session, including a summary of the operating,capital and transportation budgets,the City's legislative priorities including the funding received for Browns Park, mention of the Pines Road/BNSF Project not receiving funding; he briefly mentioned the Liberty Lake Barker to Harvard Interchange project, and then went over some of the other Spokane Valley legislative items such as defending local control, protecting local state-shared revenues, condominium liability reform, increased funding for the Basic Law Enforcement Academy with two additional classes held in Spokane annually, and affordable housing and HB 1406. Council thanked Mr. Weiss for his report. 5. Motion Consideration: Bid Award, Wellesley Avenue Sidewalk—Gloria Mantz It was moved by Deputy Mayor Haley and seconded to award the Wellesley Avenue Sidewalk Project CIP #265 to Cameron Reilly, and authorize the City Manager to finalize and execute the construction contract. Engineering Manager Mantz thanked Council for considering this bid award tonight as staff would like to get this project going before the school year begins; she explained the proposed project as noted in her Request for Council Action form, and said this project was designed in-house, adding that there was a lot of coordination with property owners. Ms. Mantz also noted that one of the property owners notified staff that a rock wall located within the right-of-way had historic value, and in order to comply with NEPA (National Environmental Protection Agency), the City hired an archeologist to conduct a cultural resource report, and during the process,the City learned that the property owner had applied to have his property as well as the rock wall, listed in the historic register. Ms. Mantz said to avoid delays, the project was redesigned to avoid removal of the rock wall; said the project was advertised in May with bids opened June 14; and said that three bids were received, with Cameron Reilly coming in slightly higher than the engineer's estimate. Mayor Higgins invited public comment;no comments were offered. Councilmember Wick stated that since these types of motions usually include the dollar amount, he moved to amend the motion to include the amount of$694,969. The motion was seconded. There were no public comments. Vote by acclamation to amend the motion: in favor: unanimous; opposed: none. Motion passed. Councilmember Wick also noted Council Study Session: 06-18-2019 Page 2 of 9 Approved by Council: 07-09-2019 his family owns property along the area but he doesn't believe he has a conflict of interest. Vote by acclamation on the fully amended motion: in favor: unanimous; opposed: none. Motion carried. 5a. Motion Consideration: Real Property Acquisition [public comment] It was moved by Deputy Mayor Haley and seconded to authorize staff to,finalize and execute any documents necessary for the purchase of Spokane County parcel number 45222.0228,for$225,000 plus closing costs, and that there are sufficient funds in Capital Reserve Fund#312 to facility the acquisition. City Attorney Driskell explained that this parcel is the vacant property immediately behind the Spokane Valley Police Precinct;that it is slightly larger than an acre and is owned by the parent company for Players&Spectators; said there have been several discussions with the owner in the past that if they were ever interested in selling, to let us know; he said the property appraised at $4.22 per sq. ft. which price was used as a basis for negotiation; said the assessed value is $315,000 and the parties feel this is a good proposed price, plus closing costs.Mayor Higgins invited public comment;no comments were offered. Vote by acclamation: in favor: unanimous; opposed: none. Motion carried PUBLIC COMMENTS: After Mayor Higgins explained the process,he invited public comments. Ms. Lucille Hanson, with Naomi Community: said on behalf of naomi, she wanted to express their appreciation to the City of Spokane Valley for past support; said naomi is a transformational, recovery community which has been in the area since 2011, and with the support of the City of Spokane Valley,has been able to grow; said it is a privilege to be here tonight and again thanked Council for supporting this extremely important issue;and with thanks and with gratitude, she handed Council a plaque thanking them for their partnership. Ms. Barb Howard, Spokane Valley: said she wanted to talk about burned houses, and she gave the City Clerk photos to share with Council; said there is no time limit from when a home gets burned out until they get it cleaned up; said she called the Health Department as well as the City's Code enforcement, and Code Enforcement said they did not know how long it would take to get the property cleaned up; she also mentioned the property at 11611 E Carlisle and said people there work on vehicles, including painting cars in their garage and they are not supposed to be doing any of that in an R-3 zone; said she wants to know when this property will be cleaned up, this and other similar properties in the valley; said it is not healthy; regarding St. John Vianney's proposal, said she wishes it would be closed up for good. Ms.Mary Martin,Spokane Valley: said she lives on Herald Road and that the area is somewhat of a freeway from Sprague to Mission as the traffic moves fast; said that on Valleyway and Herald from St. John Vianney, when the kids are getting out of school, it is pretty risky at the stop sign on that corner; and said that she can't see the project as an improvement. Ms.Debbie Hipple, Spokane Valley: said she has lived on Walnut Road since 2006 and she greatly opposes what St.John Vianney is allowing Catholic Charities to do. Mr. Thomas Dixon, Spokane Valley: said he thought the Planning Commission was petitioned by Catholic Charities and St. John Vianney to change the R-3 zone; said many people attended a meeting a couple weeks ago at the Planning Commission and spoke at that time regarding changing it from R-3 to multi- family; said he understood the Planning Commission would present that they felt it was inappropriate and they were against it; and said he's here to see what's going to happen as there were quite a few people against that proposal. Mr. Tim Bieber, Spokane Valley: said he lives on N Farr and opposes this proposal; said the City has done great work and made great changes like the Appleway Trail and maintaining trees, and said he knows Council won't allow this proposal to come in as he knows Council has a lot of wisdom and that he hopes Council doesn't move something there that shouldn't be there. Council Study Session: 06-18-2019 Page 3 of 9 Approved by Council: 07-09-2019 Ms. Janet Hoyt, Spokane Valley: said she lives on the corner of Herald and Valleyway and agrees that Herald is a freeway and a dangerous road; said the area doesn't have infrastructure for such a large proposal as they don't have sidewalks, and are an historic community; said it would be a huge mistake to move in a large multifamily complex and that she objects to people trying to change the rules so they can get what they want; said they don't need multi-family. Mr. Greg Wozny, Spokane Valley: said he knows this proposal came up several years ago and he thought it was put to rest,but evidentially not as it seems to keep coming back; said there would be increased traffic and it could affect property values; said he wonders if there would also be an increase in car prowling; said St. John Vianney is an elementary school; and that he wanted to have a chance to voice his opinion against this and said it is not a good move. Ms. Marie Raschko-Sokol, St. John Vianney Parish: said she has served on the Governor's State Council on Aging, and is a member of the Area Aging Advisory Board, and she thanked Spokane Valley Council for agreeing to be part of that agency; said affordable senior housing for people over 60 has been a hot issue and senior housing is a major issue for everyone as we all grow old; said there is federal funding for housing for homelessness but not for senior housing; said there will be a crisis in the next six to seven years as we are getting older and don't have available resources; said you want an older person in your neighborhood as they watch out for the neighbors and with seniors in the neighborhood,there is a decrease in crime; said she doesn't agree with some of the statements tonight; said this shouldn't be an emotional issue but should be a matter-of-fact issue; that there is a need to provide intergenerational housing and we need to look at all those issues. Ms. Peggy Cannon, Spokane Valley: she spoke about a home (N. Burns) which is a chronic nuisance as well as a criminal nuisance; said law enforcement in Spokane Valley tries to help neighbors be safe and protect property; that she sees cars come up to that house and then leave; there are a lot of vehicles there that don't even have license plates; said they need help to get rid of the people who are there and are squatters; said the property is owned by CITI Bank and not by an individual; said they want to get the water turned off to allow law enforcement to declare no trespassing; she mentioned there is an elementary school two blocks away; there is a five-year old who lives across the street from this house and she isn't allowed to play in her front yard; she asked to please help expedite the eviction of these people and cooperate with the water district and law enforcement. City Attorney Driskell stated that he and Deputy City Attorney Lamb spoke with some citizens tonight to let them know the City is fully aware of this situation and is working with and is significantly engaged with the owner bank and their representatives, as well as with Vera Water and the Police Department and staff believes we will be making significant progress on this very shortly. Ms. Danielle Romero, Spokane Valley: she also spoke about the home on N Burns and thanked city staff for having plans for action; said her kids call that house the `scary house;' said her daughter can't ride her bike in her own front yard as it is not safe; and she is hopeful things will get taken care of soon. Ms. Jessica Goad, Spokane Valley: said she lives on N Burns across from the house mentioned above; said she has been there seven years now and there have been ongoing issues; car thefts, frequent public altercations, and general nuisance; said she feels unsafe in her own home and avoids the front yard; said all that contributes to the reason why they are relocating; and trying to sell her home, it also makes it difficult to sell her home. Mr. Mark Zielfelder, Spokane Valley: said he lives on Herald Road and is against the proposed code text amendment; said that should not be in an R-3 zone;that it is the wrong place for this; said he has lived there for fifteen years and doesn't want a three-story building in his backyard;said he spoke with Modern Electric Council Study Session: 06-18-2019 Page 4 of 9 Approved by Council: 07-09-2019 and was told such a huge development would put a strain on the infrastructure and they would have to run an entire new main for that. Mr. Joe Ward, Spokane Valley: said he lives next door to that house on Burns and it has been a ten-year nightmare; said his family has been assaulted; said they call the police but by the time they get there, nothing is happening and the violators are gone. Ms. Christine Fode, Spokane Valley: said affordable housing is a concern and there are other zones more conducive to that; said Walnut is an R-3 zone; said nine years ago this proposal was for 40 units; now it is for 70; said multi-family should not be permitted in R-3 zones and that she wants to maintain the character and quality of Walnut Road, which is a historical neighborhood. Mr. Dave Fode said he agrees. Mr.Jonathan Mallahan,Catholic Charities: said he represents Catholic Charities and he values their mission to bring dignity to older people; said he believes this proposal would allow them to apply for a conditional use permit (CUP) to construct multi-family, although no project has been designed yet; said they would include the public process and engage the neighbors, adding that they would not be able to build past what they could support; said he feels this supports the Spokane Valley Comprehensive Plan goals;that he won't move any project forward until they have a public process and a CUP; and that this code text amendment would require development to be according to standards and that it would also be consistent with the character of the neighborhood; again said it is his intent to engage the neighbors and develop something that adds value to the neighborhood. Ms. Linda Dixon, Spokane Valley: said this project started out with 12 units, then 24, 36 and now in the 70's; said the property is not bigger and the roads are not wider,and the water supply is barely serving them now. Ms. Sandy Holder, Spokane Valley: said she is opposed to this proposal. Ms. Linda Lehman, Spokane Valley: said she has lived on Broadway over 30 years and it is a beautiful area; said the proposal would damage the current property if they put in another 70 dwelling units; said people deserve some respect and should not have to keep coming back just to maintain their home and environment; said she'd like to stay there for the rest of her life; said she loves Catholic Charities and admires what they do,but she doesn't want 70 homes in her backyard and doesn't want to have to fight this every several years; said Catholic Charities should come to the property owners about what can be done with that property. Mr. Ray Lefrado: said he lives on Herald Road and there has been a huge influx of people and not far from the proposed site is a pornographic outfit that sells porn; across from that is cannabis sales; add in people who can't care for themselves; opportunities there to get into trouble; said he has already seen many difficulties with those properties,and a school as well as a day care isn't far away; said there has to be some cleaning up before bringing in people who are already having difficult time maintaining themselves; said we need affordable housing but have enough to take care of now in the community. Ms. Karen Strauss, Spokane Valley: said she lives on Walnut Road and is opposed to the property at St. John Vianney; said no one wants it there; it would be right next to the school. Mr. Levi Strauss: said he is also against this proposal. Mr. Daniel Hipple: said he lives south of the proposed property on Walnut; is concerned about Valleyway; said he is against this proposal but is not against what Catholic Charities does; voiced his concern that this is not the right place to put this and is concerned having another 76 people on one acre,not counting parking; Council Study Session: 06-18-2019 Page 5 of 9 Approved by Council: 07-09-2019 said it is not feasible or reasonable;that the Planning Commission except for one member, seemed to agree and that one person appeared to be on the fence. There were no further public comments and at 7:34 p.m. Mayor Higgins called for a recess; he reconvened the meeting at 7:45 p.m. NON-ACTION ITEMS: 7. Re-Opening of 10th Avenue—Chad Riggs Engineer Riggs explained the background of the closing of 10th Avenue, and that to open it we would need a resolution,and asked for Council consensus to place such resolution on the next Council Consent Agenda; there was general Council consensus to do so. 8. Proposed Code Text Amendment 2018-0006 Affordable Housing—Lori Barlow Senior Planner Barlow explained that this proposed code text amendment is privately initiated from Catholic Charities to allow affordable multi-family housing in the R-3 zone if certain conditions are met, and have it subject to a conditional use permit which would include the review and approval process conducted by the Hearing Examiner. Ms. Barlow gave an overview of the proposed amendment including having an applicability section that development may be permitted if at least 51% of the units are used for affordable housing and subject to additional criteria, as noted in the subsequent PowerPoint slides. Ms. Barlow noted that during the Planning Commission public hearing, comments were generally directed toward a project at St. John Vianney and not necessarily toward the code text amendment, but concerns such as traffic increase, and that it would not be consistent with the character of the existing neighborhood. Ms. Barlow noted the Planning Commission voted six to zero to recommend Council deny the request; and that Council options include moving the denial forward, moving an approval forward, or remanding back to the Planning Commission. Councilmember Woodard explained that when he was on the Planning Commission about ten years ago, he had recused himself when he was on Council and this project came forth; said we need to give faith communities of all types opportunities to build senior housing; but he would like this to go back to the Planning Commission with some guidelines;that affordable housing is not low or no barrier type housing; and do to a more open type of requirement on the size of the property so multi-faith communities could participate; said he would still like it to be for seniors and to also have all units be handicapped accessible; said other ideas could be addressed like having a maximum number of units; said he realizes no project has come forth yet. Councilmember Wick questioned whether we have a lack of developable land in multi- family zone; and suggested when Council re-addresses the topic of duplexes in R-3, that Council should have this multi-family desire and need discussed; said affordability comes down to density and more units in a smaller area lend to affordability; said he is not sure an R-3 zone is where this should go and said perhaps better areas would be along the Appleway Way corridor; said he is not sure this amendment aligns with the goal of protecting more R-3 zone; said perhaps Council should also examine other options like bringing back the R-4 or MF-1 zone;and again stressed he wants to protect the R-3,single family residential zone. Deputy Mayor Haley said one of her concerns is parking; in looking at the aerial photo it appears the parking lot is full; said she is also concerned about density as 70 seems like a lot and it appears not to have the infrastructure to support that; said she too would be aggregable to sending this back to the Planning Commission and have it come back with what can be done for senior housing;said senior housing is needed but this proposal seems extreme for the location; said she would like to see what the Planning Commission would recommend. Mayor Higgins invited Deputy City Attorney Lamb to speak to the issue of senior housing. Mr. Lamb explained that the Federal Fair Housing Act as well as the corresponding Washington law against Council Study Session: 06-18-2019 Page 6 of 9 Approved by Council: 07-09-2019 discrimination, prohibits us from adopting land use regulations that discriminate based on familiar status; for example, you can't prohibit kids; but under both laws, there is an exemption for housing for older persons as it has been recognized by the federal and state government that there is a need for senior housing. Mr. Lamb said that the challenge would be for the City to ensure regulation compliance under the Fair Housing Act, and the City as the agency attempting to comply with that exemption, would have to ensure that all the necessary criteria would be met and to do that, we would have to adopt some age verification requirements and procedures to ensure that everyone in the housing,would meet the requirements; so if we did that, the City would be getting into some form of housing business. Deputy Mayor Haley mentioned we already have senior housing,or mobile home courts for 55+, so how would this be different. Mr. Lamb explained that it wouldn't be different as those owners would be complying with the same laws; the difference would be they are the operators of those sites and would be taking the applications and checking for meeting the criteria; but in this case, the City would have a city-wide R-3 zoning amendment, and we would have multiple sites, and in each site, we would be responsible for compliance of all applicants meeting all requirements; and further, it would be difficult since the City would not be the entity operating the facility. Mayor Higgins asked if Catholic Charities would be operating that facility, how would that differ from the operation of a trailer park. Mr. Lamb said there would not be any difference, but the City would have to ensure, possibly through a contract, that Catholic Charities would be doing everything mandated through those laws, and the City would or could be liable if anything was missed, so any discrimination claim would come against the City. Ms. Barlow added that part of the difference is we have senior housing projects, and senior housing manufactured home parks, but we don't look at them in terms of senior housing projects, instead we look at them in terms of a manufactured home park, and if they privately choose to limit it to seniors,that is something they would handle. Mayor Higgins said he is hearing a concern and there's a very real fear that this would have the potential of becoming something like 2nd and Division; and he asked if we could craft legal language to make it more narrowly binding. Mr. Lamb replied that staff can research that; that to-date staff has looked at the limitations specific to senior housing; he said the Planning Commission and/or staff could look at other options. Councilmember Peetz said the stated intention of senior housing is a barrier,but for this code text amendment, it would benefit a single site; she also agreed with the parking issue; said this does not fit the character of the neighborhood; said she feels Council has enough information and would therefore be in agreement with the Planning Commission recommendation to deny the proposal. Councilmember Wood asked if they didn't do a code text amendment that would apply city-wide, could they do a site specific conditional use permit just on that lot alone. Mr. Lamb said if we had criteria for such a conditional use permit,but as of right now,we don't and this is attempting to put forward the criteria to allow a conditional use permit request;said he feels we would face the same questions regarding the City meeting all the criteria and requirements of the Federal Fair Housing Act even for that specific site; but if there is a conditional use permit process that allows that, it would still be city-wide in whatever zone or areas Council ultimately decided; but if an entity wanted to provide senior housing, they could do so and limit it and that it would be on them and not part of a condition in a conditional use process. Councilmember Wood asked if they could make an application to do that without changing or amending the code, and Mr. Lamb said not at this time for that site. Councilmember Thompson also stated her desire to protect the R-3 and said perhaps we could look at options like an R-4 zone;that in looking at the map that shows other sites that might meet the criteria for this change, it is in areas where there are tight-knit communities or where she thinks they would not benefit from a change; and said she would also be opposed to moving this forward. Mayor Higgins said the options for consensus is to move it forward to approve, or move it forward to disapprove, or send it back to the Planning Commission with some guidance for modification; such as not setting it up as a no barrier or low barrier housing project. Councilmember Woodard suggested including size of unit, number of units, and accessibility for each unit. Councilmember Wick said he thinks the intentions are good for affordable and senior housing, but he doesn't want to put a burden on the City with senior housing as explained by Mr. Lamb, and that he is not sure he wants to do that in an R-3 zone as he Council Study Session: 06-18-2019 Page 7 of 9 Approved by Council: 07-09-2019 wants to protect the R-3 zone. Councilmember Wood said he would vote to deny a project it if wasn't just for seniors over 60; and Mr. Lamb noted the Federal Housing age for every unit to qualify, would be 62 and over. Deputy Mayor Haley said she feels 70 is too many units. Mayor Higgins said another issue for the Planning Commission is to have the property owner manage the project and avoid the City being involved. Deputy City Manager Hohman said if it is Council's preference to send to the Planning Commission, he would ask the Commission to look at all options and try to accomplish the overriding goals; and that it would take some time to go through that and evaluate all options. There was no Council consensus to approve or deny the proposal; and a majority of Councilmembers indicated their preference to send this back to the Planning Commission. 9. Transportation Improvement Board(TIB)Potential Grant—Adam Jackson Via his PowerPoint presentation, Engineer Jackson explained the function of the TIB and of the 2019 funding potential,with applications due August 16,2019; said funding falls under either the Urban Arterial Program (UAP) or the Sidewalk Program; he said there were many more projects but he has narrowed the list to the four top priorities,which he feels are all conducive to the typical TIB award.After brief discussion there was Council consensus to bring this back in a few weeks for a motion consideration. 10. Pavement Management Ad-Hoc Commission—Adam Jackson Deputy City Manager Hohman explained that this topic was briefly mentioned during the budget workshop; that there was concern from several Councilmembers about where we are in the process,and based on some of the comments, said he feels it is premature to move forward now with a commission. Mr. Hohman said staff will put a report together to discuss the history of pavement management program and identify each opportunity that this and past councils have talked about this topic; to also identify which PCI (Pavement Condition Index) number is correct; said he wants to condense the information from the April 2"d meeting as perhaps there was some confusion as what aspects of pavement management needs further discussion, and said staff will work on that and in another month or two bring this back to Council; he said before engaging in a robust public process,we wants each Councilmember to be confident of where the needs are. Mr. Hohman mentioned the new program shows the network graphically with different color codes of green, yellow and red and that staff could run some scenarios and do more background prior to going on with the public process. There was full Council consensus. 11. Advance Agenda-Mayor Higgins Councilmember Thompson asked about including vaping on an upcoming agenda to examine the possibility of having a regulation similar to marijuana, to perhaps limit the number and regulate vaping stores so they cannot be closer than 1,000 feet from schools. City Attorney Driskell said our previous code section was to be temporary until the state law governing electronic cigarettes and vapor products was enacted, which occurred in 2016, and said he would have to research the issue. There was Council consensus to include vaping on a future agenda. Councilmember Peetz said she has been talking with the Homebuilders Association and would like to have them do a presentation on what things changed during the legislative process and to hear about what they are seeing regarding the housing crisis. There was Council consensus to include that issue on a future agenda. Councilmember Peetz also mentioned place-making grants to get amenities for trails and benches and said she has a connection of someone who would like to work with our planners. Mr. Hohman said staff will reach out and report back on that issue. 12. Council Check-in—Mayor Higgins Mayor Higgins Councilmember Woodard spoke about the SRTC (Spokane Regional Transportation Council) and the opportunity to support two grants, one for our underpass, and the other for the airport. 13. City Manager Comments—Mark Calhoun Mr. Hohman explained that Mr. Calhoun was not feeling well and went home early, but asked that Mr. Hohman please be sure to mention the successful CRISI grant award of$1.25 million for Pines; he also Council Study Session: 06-18-2019 Page 8 of 9 Approved by Council: 07-09-2019 noted the draft letters before each Councilmember and there was consensus to have the Mayor sign the various grant thank you letters and send to our federal delegation via our federal lobbyist; and he also reminded everyone that next week's Tuesday meeting is cancelled and we will be meeting Monday, June 24, at 6 pm instead. It was moved by Deputy Mayor Haley, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:00 p.m. ► ATTEST: I J C }� L.R. Higgin ayor Christine Bainbridge, City Clerk Council Study Session: 06-18-2019 Page 9 of 9 Approved by Council: 07-09-2019 1 SPOKANE VALLEY CITY COUNCIL MEETING Tuesday, June 18, 2019 6:00 p.m. Regular Meeting GENERAL CITIZEN COMMENTS SIGN-IN SHEET YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTES This sign-in sheet is for making comments not associated with an action item on tonight's agenda. If you wish to comment about an individual action item on tonight's agenda (such a a otion to approve an ordinance, resolution, or contract) the Mayor will ask for comme s on • ose items once that item is reached on the agenda. Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOU YOUR CITY OF ' - IDENCE PLEASE PRINT WILL SPEAK ABOUT slur, //e d/Z 1,c ) r( S pd !c IA r +- � • wry tiptv 71/(cl-A, ??-c_A(J 62_,TJcp Fee(' $11.113191k, , "[Op je-r , 40, }(q .3\/! 4V EV /"96 V/-I-LEY ‘\e (r- \)) ;Le A) N'e)/ Afar- (w+ No Jr (14:- NoR rnE s-„,60161 i ivini IJE9 Vz-1 I, 0-72NV S e-% /L./ ����, UL , beoAp sF r Icy S o (\. bi\-sp) sV „ r'1067-lid. /_//(/D/c/ v ( td-` 1' � - Guv hs 1.1AgSp o V cu I Lt k",e, - )4-01Ceti."-Q-- - Please note that once information is entered on this form, it becomes a public record subject to public disclosure. Agenda Item#5a CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 18,2019 Department Director Approval: El Check all that apply: ❑consent ❑ old business ®new business El public hearing ❑ information ❑ admin.report ❑pending legislation El executive session AGENDA ITEM TITLE: Motion consideration — real property acquisition for land adjacent to the Spokane Valley Precinct building. GOVERNING LEGISLATION: SVMC 3.49.010. PREVIOUS COUNCIL ACTION TAKEN:None. BACKGROUND: The City owns the property located at 12716 East Sprague, which is where the Spokane Valley Precinct Building is located, housing the City's Police Department. The existing property is relatively small for the current use. There is a vacant lot immediately south of the Precinct parcel that is approximately 1.2 acres in size, currently owned by J.D's Dragon, Inc., the business that owns Players & Spectators. The City became aware that J.D's Dragon may be willing to sell the vacant lot as it has not been substantially used for many years. Being vacant, the property does not currently have an address, and is identified as Spokane County parcel number 45222.0228. A commercial appraisal determined that the property was worth $4.22 per square foot due to it being zoned "commercial," for a total of 46,995 square feet. Following negotiations, the purchase price would be $225,000,plus closing costs anticipated to be less than$2,000. This is approximately 10%higher than the appraised per square foot value, but the property has enhanced value to the City due to its location adjacent to the Precinct Building for future expansion of the secure parking area. In short, no other property would suffice for the City's future planning purposes for the Precinct. The property is bounded on the north by the Precinct property, on the east by Players and Spectators, on the west by Conley's Restaurant, and on the south by the Appleway Trail. If approved,the property would remain vacant until such time as the City determines its best use. OPTIONS: (1) Approve the motion authorizing staff to acquire this parcel; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we authorize staff to finalize and execute any documents necessary for the purchase of Spokane County parcel number 45222.0228 for $225,000, plus closing costs. There are sufficient funds in Capital Reserve Fund #312 to facilitate the acquisition. Assuming Council approval of the purchase, staff will subsequently carry forward a 2019 Budget amendment to appropriate the necessary funds. BUDGET/FINANCIAL IMPACTS: $225,000,plus closing costs. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Overhead map of area with property highlighted. ift- 1111111r von aa 1,91' OPAL . la _, .';', las ',-. kli. -'...umi,1-1-11-7-Ph' .. E S' 13 r a g u\e 1.171te.' -71, -, 1111111.r1"' ‘117: 15Fki:�fit, mk! k 0 •�t W\ ;litetk , llrt 1 i�._ kP: -iii % .r� s 111.7•- �r WI 4;. A k r mss:-- �':�..- .,1"4, '� (t US 'FF 11 $ tgi.j. I'''I'li lk - - -- 411111" lit it 4247 el • -1114#4 • s. s r ( -- '. _ .fid Tr . .... - r ` ' r ii . . _. •„-. . ._ : . . s I - r 1 j111` , t, L�1 a a I' ,T.•:,- i r '. • e.. r.. �► • t l' . till' ri, , - - 1`'. — E 2nd Ln _. • *� _ , A r BID TABULATIONr 4 -' Wellesley Avenue Sidewalk Project jlley 45 Project CIP No.0265 ENGINEERS ESTIMATE CAMERON-REILLY LLC OW EXCAVATING WM.WINKLER CO. ITEM 4 DESCRPTION UNITS QUANTITY UNIT PRICE I TOTAL COST UNIT PRICE I TOTAL COST UNIT PRICE 1 TOTAL COST UNIT PRICE I TOTAL COST SCHEDULE A-SIDEWALK IMPROVEMENTS 100 MOBIUZATION LS. 1 $34,000.00 $34,000.00 $32,953.00 $32,953.00 $103,300.00 $108,300.00 $66,606.00 $66,606.00 101 CLEARING AND GRUBBING L5. 1 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $10,400.00 $10,400.00 58,846.00 $8,846.00 102 REMOVAL OF STRUCTURE AND OBSTRUCTION L.S. 1 $10,000.00 $10,000.00 $5,000.00 $5,000.00 $15,100.00 $15,100.00 $10,779.00 $10,779.00 103 REMOVING PAINT UNE LF. 5,420 $1.00 $5,420.00 $1.00 $5,420.00 $2.50 $13,550.00 $0.70 $3,794.00 104 ROADWAY EXCAVATION INCL HAUL C.Y. 1,190 $50.00 $59,500.00 $52.00 $61,880.00 $32.00 $38,080.00 $45.30 $53,907.00 105 CRUSHED SURFACING TOP COURSE,6IN.DEPTH S.Y. 2,160 $10.00 $21,600.00 $12.00 $25,920.00 $10.00 $21,600.00 $16.60 $35,856.00 106 GRAVEL DRIVEWAY,3 IN.DEPTH S.Y. 240 $10.00 107 FOG SEAL B.Y. 10,400 $0.50 $0 $5 $2,400.00 $ .00 $3,840.00 $7.00 $1,680.00 $814,40 $ ,656.00 $5,200.00 $0.50 $5,200.00 $0.68 $7,072.00 50.50 $5,200.00 108 HMA CL 3/8 IN.PG 64H-28,4.01N.DEPTH 5.Y. 2,160 $20.00 $43,200.00 $30.50 565,88000 $31.00 $66,960.00 $30.40 $65,664.00 109 COMMERCIAL HMA S.Y. 10 $200.00 $2,001.00 $200.00 52,00000 $200.00 $2,$1.00 $194.00 $1,$1.00 110 UTILITY COASTING DEPTH COMPLIANCE CAL[. 1 -$1.00 - - -$1.00 -$1.00- $l.DD 111 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALL. 1 -$1.00 -$1.00 -$1.00 -$1.00 112 COMPACTION PRICE ADJUSTMENT CALC. 1 -$l.00 -$1.00 -$1.00 ¢1.00 113 EROSION CONTROL AND WATER POLLUTION L.S. 1 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $11,300.00 $11,300.00 54,55600 $4,556.00 114 IRRIGATION SYSTEM REVISION EST. 1 $5,000.00 $5,000.00 35,250.00 $5,000.00 115 SOD INSTALLATION S.Y. 450 $20.00 59,000.00 $20.00 $9,000.00 $85.00 536,250,00 $12.40 $5,580.00 116 TOPSOIL TYPE C S.Y. 980 $15.00 $7,200.00 $8.00 53,840.00 $34.00. $19,520.00 $13.10 $4,928.00 117 GRAVEL PATCHBACK,2IN.DEPTH _ S.Y. 280 $8.00 $2,240.00 $20.00 $5,600.00 $34.00 $9,520.00 $17.60 $4,926.00 118 CEMENT CONC.TRAFFIC CURB AND GUTTER LF. 2,100 $20.00 - $42,000.00 $18.00 $37,800.00 $28.34 $59,514.00 $26.30 $55,230.00 119 CEMENT CONC.PEDESTRIAN CURB LF. 130 $25.00 $3,250.00 $25.00 $3,250.00 $16.00 $2,080.00 $23.00 $2,990.00 120 PERMANENT SIGNING LS. 1 $10,000.00 $10,000,00 $3,200.00 $3,200.00 $5,300.00 $5,300.00 $3,089.00 $3,089.00 121 PAINT LINE LF. 5,300 $0.50 $2,650.00 $0.50 $2,650.00 $0.52 122 PAINTED WIDE LANE UNE L.F. 4,950 $1.00 $4,950.00 $0.50 $2,756.00 $0.20 $1,060.00 000 $2,475.00 $1.04 $$000.00 $0.30 $1,485.00 123 PLASTIC BICYCLE LANE SYMBOL EACH 3 $40 $1,200.00 $230.00 $750.00 5203.00 so9.00 S237.00 $711.00 124 PIASTICSTOP UNE L.F. 5 $20.00 $100.00 $10.00 - $50.00 $23.00 $115.00 $9.40 $47.00 125 PLASTIC CROSSWALK LINE S.F. 50 $10.00 $500.00 $10.00 $500.00 $15.00 $750.00 $9.95 $497.50 126 PROJECT TEMPORARY TRAFFIC CONTROL LS. 1 $25,000.00 $25,000.00 $6,500.00 $6,500.00 $8,000.00 $8,000.00 $17,648.00 $17,648.00 127 CONSTRUCTION SURVEYING LS. 1 $10,000.00 $10,000.00 $10,959.00 $10,959.00 $9,000.09 $9,000.00 $10,037.00 $10,037.00 128 SPCC PLAN Ls. 1 $500.00 $500.00 $750.00 129 CHAIN LINK FENCE LF. 160 $25.00 $400.00 $2,$32.00 $2,620.00 $1,148.00 $1,148.004 $3,000.03 $65.00 5$9,300.00 $3z.00 $2,uo.00 $27.60 $3,416.00 130 ADJUST EXISTING WATER VALVE EACH 7 $500.00 $3,500.00 $500.00 $3,500-00 $390.00 $2,380.00 5449.00 $3,143.00 131 CEMENT CONC.DRIVEWAY APPROACH 5.Y. 570 $7000 $39,900.00 $8000 $45,600.00 $6500 $37,050.00 $101.00 $57,570.00 132 CEMENT CONC.SIDEWALK S.Y. 1,160 $5000 $58,000.00 $53.60 $62,176.00 133 CEMENT CONC.CURB RAMP TYPE PARALLEL A EACH 3 $0000 $$4,50.00 85500 $$5,607.00 $1,800.00 $5,400.00 $2,00000 $6,000.00 $1,500.00 $4,500.00 51,869.00 $5,607.00 • 134 CEMENT CONC.CURB RAMP TYPE SINGLE DIRECTION EACH 3 $1,800.00 $5,400.00 $2,000.00 $3,250.00 $1,400.00 $4,200.00 $1,870.00 $5,610.00 135 MAILBOX SUPPORT,TYPE 1 EACH 5 $900.00 $2,000.00 $650-00 $3,250.00 $600.00 15,0000 $ 0 $446,50 $2,232.50 136 MINOR CHANGE CALC. 1 $13,000.00 $15,000.00 $15,000.00 $15,000.00 SCHEDULE A-TOTAL $450,107.00 $469,840.00 $584,091.00 $565,046.09 SCHEDULE B-STORM IMPROVEMENTS 200 MOBILIZATION L5. 1 $6,000.00 $6,000.00 $1,000.00 $1,000.00 $1,400.00 $1,400.00 $2,034-00 $2,034.00 201 POTHOLE UTIUTY EACH fi $250.00 $1,500.00 $260.00 $1,560.00 $382.00 $2,292.00 $406.00 $2,436.00 202 TRENCH EXCAVATION SAFETY SYSTEM L5. 1 $1,000.00 $1,000.00 $1.00 $1.00 $1,300.00 $1,300.00 $1,367.00 $1,367.00 203 SOLID WALL PVC STORM SEWER PIPE 00 IN.DIAM. LF. 470 $30.00 $14,100.00 $45.00 $21,150.00 $31.00 $14,570.00 $78.80 $37,036.00 204 COMBINATION INLET EACH - 6 $1,500.00 $9,000.00 $1,800.00 $10,800.00 $1,500.00 09,000.00 $2,060.00 $12,360.00 205 PRECAST CONCRETE DRYWELL TYPE B EACH 6 $5,060.00 $30,000.00 $3,500.00 $21,000.00 $4,500.00 $27,000.00 $5,863.00 $35,178.00 206 CONSTRUCTION SURVEYING L5. 1 $10,000.00 $10,000.00 $1,500.00 $1,500.00 $3,400.00 $3,400.00 54,015.00 $4,015.00 207 MINOR CHANGE CALC. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 SCHEDULE B-TOTAL $75,600.00 $62,011.00 $63,962.00 $99,426.00 SCHEDULE C-STORM TREATMENT IMPROVEMENTS 301 POROUS DRAIN ROCK C.Y. 1E0 $50.00 $9,000.00 $90.00 $16,200.00 $57.40 $10,332.00 $130.00 $23,400.00 302 PRETREATMENT UNIT EACH 6 $15,000.00 $90,000.00 $11,722.00 $70,002.00 $14,260.00 $85,560.00 $17,261.00 $103,506.00 303 POROUS CONC.GUTTER S.F. 1,560 $15.00 $23,400.00 $27.8$ $43,446.00 $11.45 $17,862.00 $19.70 $30,732.00 304 MONOLITHIC CEMENT CONC.CURB AND SIDEWALK S.Y. 420 $60.00 $25,200.00 $67.00 $28,140.00 $67.00 $28,140.00 $110.00 $46,200.00 305 MINOR CHANGE CALL. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 SCHEDULE C-TOTAL $152,600.00 $163,118.00 $146,894.00 $208,69800 'PROTECT TOTAL[SCH.A+5CH.B+SCH.C) I $679,307.081 $594,969.001 $794,947081 $873,3711.001 CHECKLIST Addendum Acknowledged YES YES YES Na.1 ✓ ✓ J Competitive bids were opened on June 14,2019.I hereby certify to the best Contractor Certification Wage Law Compliance ✓ ✓ ., of my ability that this Is a true and correct bid tabulation for the Wellesley Contractor's Administrative Information ✓ ✓ ✓ Avenue Sidewalk Project,CIPN 026,/SS/��� Bidder Qualification Statement ✓ ✓ ✓ Bid Dep sit Form c �"- ,t0 c'✓� ow rof AtOOmD8 ✓ ✓ ✓ Bid Deposit Surety Form ✓ ✓ 0 Surety Power of Attorney ✓ ✓ By Robert Lachmiller,PE Representations and Certifications ✓ ✓ ✓ Non-Collusion Oeclara[Ion ✓ ✓ V Local Agency Certification for Federal-Aid Contracts ✓ ✓ UDBE Utilization Certification ✓ ✓ ✓ Written DBE Confirmation ✓ J ✓ Spokane �IZe x 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 ♦Fax: (509)720-5075 ♦www.spokanevalley.org June 18, 2019 The Honorable Ronald Batory Administrator Federal Railroad Administration U.S. Department of Transportation 1200 New Jersey Avenue, SE Washington, DC 20590 Administrator Batory, The City of Spokane Valley is pleased to have received an award of$1,246,500 for the Pines Road/Burlington Northern Santa Fe (BNSF) Grade Separation project from the Fiscal Year 2018 U.S. Department of Transportation's Federal Railroad Administration Consolidated Rail Infrastructure and Safety Improvements Program. This critical federal investment will help complete preliminary engineering and federal environmental review to replace a BNSF Railway at-grade crossing at Pines Road with an underpass and upgrades to the adjacent Pines Road-Trent Avenue roadway intersection. The intersection is near the Spokane Business and Industrial Park, the largest in eastern Washington, and one of the largest business/industrial parks in the country. The increased capacity of the underpass and improved efficiency of the intersection will increase access to nearly 230 acres of undeveloped mixed-use, commercial, and industrial land, and help attract new businesses and jobs to the Spokane Valley economy. Over 25 years, the projected economic and tax impacts include $1.3 billion in total economic output and 8,719 new jobs supported in Spokane County. In addition,the Pines Road/BNSF Grade Separation project will improve the safety and efficiency of freight and rail movement in Spokane Valley, enhancing public safety by reducing the potential for rail/vehicle collisions and improve emergency access to residents and businesses. Thank you for your unwavering support and advocacy of improving safety for communities like Spokane Valley and promoting regional and national economic interests. Sincerely, Rod Higgins,Mayor City of Spokane Valley \iiile 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 • Fax: (509)720-5075 ♦ www.spokanevalley.org June 18, 2019 The Honorable Cathy McMorris Rodgers U.S. House of Representatives 1035 Longworth House Office Building Washington, DC, 20515 Congresswoman McMorris Rodgers, Thank you for your support for the City of Spokane Valley's application to the Fiscal Year 2018 U.S. Department of Transportation's Federal Railroad Administration Consolidated Rail Infrastructure and Safety Improvements Program. We are pleased to have received an award of $1,246,500 for the Pines Road/Burlington Northern Santa Fe (BNSF) Grade Separation project. This critical federal investment will help complete preliminary engineering and federal environmental review to replace a BNSF Railway at-grade crossing at Pines Road with an underpass and upgrades to the adjacent Pines Road-Trent Avenue roadway intersection. The Pines Road/BNSF Grade Separation project will build an underpass at Pines Road where it intersects with the BNSF mainline. The increased capacity of the underpass and improved efficiency of the intersection will increase access to nearly 230 acres of undeveloped mixed-use, commercial, and industrial land, and help attract new businesses and jobs to the Spokane Valley economy. Over 25 years, the projected economic and tax impacts include $1.3 billion in total economic output and 8,719 new jobs supported in Spokane County. The Pines Road/BNSF Grade Separation project will improve the safety and efficiency of freight and rail movement in Spokane Valley, and increase access for emergency responders, residents, and businesses. We appreciate your continued support for our critical transportation infrastructure projects, making necessary public safety and livability enhancements while promoting regional and national economic benefits. Sincerely, Rod Higgins, Mayor City of Spokane Valley \/ailey 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 • Fax: (509)720-5075 4 www.spokanevalley.org June 18, 2019 The Honorable Maria Cantwell U.S. Senate 511 Hart Senate Office Building Washington, DC 20510 Senator Cantwell, Thank you for your support for the City of Spokane Valley's application to the Fiscal Year 2018 U.S. Department of Transportation's Federal Railroad Administration Consolidated Rail Infrastructure and Safety Improvements Program. We are pleased to have received an award of $1,246,500 for the Pines Road/Burlington Northern Santa Fe (BNSF) Grade Separation project. This critical federal investment will help complete preliminary engineering and federal environmental review to replace a BNSF Railway at-grade crossing at Pines Road with an underpass and upgrades to the adjacent Pines Road-Trent Avenue roadway intersection. The Pines Road!BNSF Grade Separation project will remove the existing at-grade crossing which the Freight Mobility Strategic Investment Board rated as the highest ranked unfunded Tier 1 rail crossing in the state out of 4,171 total crossings based on safety and freight mobility. Furthermore, completion of the project will improve access to nearly 230 acres of undeveloped mixed-use, commercial, and industrial land, and help attract new businesses and jobs to the Spokane Valley economy. Over 25 years, the projected economic and tax impacts include $1.3 billion in total economic output and 8,719 new jobs supported in Spokane County. The Pines Road/BNSF Grade Separation project will improve the safety and efficiency of freight and rail movement in Spokane Valley, and increase access for emergency responders, residents, and businesses. We appreciate your continued support for our critical transportation infrastructure projects, making necessary public safety and livability enhancements while promoting regional and national economic benefits. Sincerely, Rod Higgins, Mayor City of Spokane Valley Sjio1ne Valley. 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 Phone: (509)720-5000 ♦ Fax: (509)720-5075 ♦ www.spokanevalley.org June 18, 2019 The Honorable Patty Murray U.S. Senate 154 Russell Senate Office Building Washington, DC 20510 Senator Murray, Thank you for your support for the City of Spokane Valley's application to the Fiscal Year 2018 U.S. Department of Transportation's Federal Railroad Administration Consolidated Rail Infrastructure and Safety Improvements Program. We are pleased to have received an award of $1,246,500 for the Pines Road/Burlington Northern Santa Fe (BNSF) Grade Separation project. This critical federal investment will help complete preliminary engineering and federal environmental review to replace a BNSF Railway at-grade crossing at Pines Road with an underpass and upgrades to the adjacent Pines Road-Trent Avenue roadway intersection. The Pines Road/BNSF Grade Separation project will remove the existing at-grade crossing which the Freight Mobility Strategic Investment Board rated as the highest ranked unfunded Tier 1 rail crossing in the state out of 4,171 total crossings based on safety and freight mobility. Furthermore, completion of the project will improve access to nearly 230 acres of undeveloped mixed-use, commercial, and industrial land, and help attract new businesses and jobs to the Spokane Valley economy. Over 25 years, the projected economic and tax impacts include $1.3 billion in total economic output and 8,719 new jobs supported in Spokane County. The Pines Road/BNSF Grade Separation project will improve the safety and efficiency of freight and rail movement in Spokane Valley, and increase access for emergency responders, residents, and businesses. We appreciate your continued support for our critical transportation infrastructure projects, making necessary public safety and livability enhancements while promoting regional and national economic benefits. Sincerely, Rod Higgins, Mayor City of Spokane Valley