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2020, 03-31 Study Session AmendedAMENDED AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, March 31, 2020 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) CALL TO ORDER ROLL CALL APPROVAL OF AMENDED AGENDA Please note: In order for members of the public to retain their ability to offer public comment, while protecting the health and safety of all those concerned, there will be no public comments at tonight's meeting. Any comments related to action items below should be e-mailed to City Council at citycouncil@spokanevalley.org. In order to become part of the record, we ask that e-mailed comments be received no later than 4:00 p.m. the day prior to the meeting. We apologize for this inconvenience, and appreciate your understanding. ACTION ITEMS: 1. Proposed Resolution 20-004, Surplus Equipment — Chelsie Taylor 2. Motion Consideration: Mayoral Appointment, Spokane Co. Human Rights Task Force Mayor Wick 3. Motion Consideration: Spokane Valley Partners Contract — Cary Driskell 4. Motion Consideration: Wa. State Dept. of Transportation Property Acquisition, Flora Road — Cary Driskell 5. Motion Consideration: Bid Award, Adams Sidewalk Project — Bill Helbig 6. Motion Consideration: Bid Award, Ella/Conklin Project — Bill Helbig 7. Motion Consideration: Bid Award, Sullivan Road ITS Project — Bill Helbig 8. Motion Consideration: Bid Award, Barker/BNSF Grade Separation Project Avista Utility Construction Agreement — Bill Helbig NON -ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 9. Bill Helbig Street Vacation 2019-0005 Discussion/Information 10. Cary Driskell Proposed Resolution Delegating Authority Discussion/Information 11. Briahna Murray, Lobbyist End of Legislative Session Wrap-up Discussion/Information (via remote access) 12. Mayor Wick Advance Agenda Discussion/Information 13. Mayor Wick Council Check in Discussion/Information 14. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda March 31, 2020 Page 1 of 1 AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,March 31,2020 6:00 p.m. CITY HALL COUNCIL CHAMBERS 10210 E Sprague Avenue (Please Silence Your Cell Phones During the Meeting) In response to Governor Inslee's March 24, 2020 Proclamation concerning our recent State of Emergency, which waives and suspends the requirement to hold in-person meetings and provides options for the public to attend remotely, all meeting guidelines contained in the Governance Manual are hereby superseded by the Governor's order until further notice. Therefore,effective immediately and until further notice,a live feed of the meeting will be available on our website. Opportunities to provide public comment are limited to submitting written comment to councilmeetingpubliccomment@spokanevalley.org or by calling in to the meeting conference to provide oral testimony. Oral comments shall be arranged in advance of the meeting by emailing councilmeetingpubliccomment@spokanevalley.org. Emailed comments and requests to submit oral comments must be received by 4:00 pm the day of the meeting. The email request for oral comments must include your full name,city of residence,the agenda topic you will address and the phone number you will be dialing from. Please note, the information you provide may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. Due to potential connectivity issues, we strongly encourage public comments be emailed. We apologize for this inconvenience,and appreciate your understanding. CALL TO ORDER ROLL CALL APPROVAL OF AGENDA A.EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(1)(i)] Proposed motion: I move we adjourn into executive session for approximately 15 minutes to discuss pending litigation, and that no action will be taken upon return to open session. B.ACTION ITEMS: 1. Proposed Resolution 20-004, Surplus Equipment—Chelsie Taylor [public comment] 2.Motion Consideration: Mayoral Appointment, Spokane Co.Human Rights Task Force—Mayor Wick [public comment] 3.Motion Consideration: Spokane Valley Partners Contract—Cary Driskell [public comment] 4.Motion Consideration: Bid Award,Adams Sidewalk Project—Bill Helbig [public comment] 5.Motion Consideration: Bid Award,Ella/Conklin Project—Bill Helbig [public comment] 6.Motion Consideration: Bid Award, Sullivan Road ITS Project—Bill Helbig [public comment] 7.Motion Consideration: Barker/BNSF Grade Separation Project Avista Utility Construction Agreement- Bill Helbig [public comment] C.NON-ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 8.Bill Helbig Street Vacation 2019-0005 Discussion/Information 9. Cary Driskell Wa. State Dept of Transportation Discussion/Information Property Acquisition: Flora Road 10. Cary Driskell Proposed Resolution Delegating Authority Discussion/Information Study Session Agenda March 31,2020 Page 1 of 2 11. Briahna Murray, Lobbyist End of Legislative Session Wrap-up Discussion/Information (via remote access) 12.Mayor Wick Advance Agenda Discussion/Information 13.Mayor Wick Council Check in Discussion/Information 14. Mark Calhoun City Manager Comments Discussion/Information ADJOURN Study Session Agenda March 31,2020 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation [' executive session AGENDA ITEM TITLE: Proposed Resolution 20-004 which declares as surplus, furniture and equipment that is inoperable, obsolete or in excess of our needs. GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 3.49.020 - Disposition of City property PREVIOUS COUNCIL ACTION TAKEN: March 24, 2020 Admin Report BACKGROUND: This follows an Administrative Report that was delivered to Council at the March 24, 2020, Council meeting. The City last declared property surplus to its needs in November 2017 and since that time has accumulated a number of pieces of office furniture and a variety of equipment that have reached the point of being inoperable, obsolete or excess to our current operating needs. These primarily include items such as iPads, printers, computer monitors, chairs, and miscellaneous office equipment. SVMC 3.49.020 provides guidance for the disposal of surplus City equipment. A short summary follows: 1. The City Manager provides notice of the potential disposition of property to the other City Departments, and if they desire to acquire any of the surplus property, it will be transferred to them if approved by the City Manager. 2. The City Council declares property to be surplus to the City if it has no practical, efficient or appropriate use to the City, or is damaged, inoperable or obsolete, and the cost of repairing the property is uneconomical or impractical. 3. The City Manager is authorized to dispose of remaining surplus equipment via public auction, bid or other method of sale on terms deemed to be in the best interest of the City. 4. If surplus equipment is unsellable, it may be discarded as scrap. Our goal is to dispose of the surplus items by selling what we can and discarding what we cannot, in a manner that minimizes the use of City resources. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 20-004 declaring as surplus, certain personal property of the City. BUDGET/FINANCIAL IMPACTS: We anticipate some of the items we are recommending for disposal can be sold, but a number of pieces have no apparent value. We anticipate that total revenues received will exceed total costs of disposal. STAFF/COUNCIL CONTACT: Chelsie Taylor, Finance Director ATTACHMENTS: Resolution 20-004. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.20-004 A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,DECLARING CERTAIN PERSONAL PROPERTY OF THE CITY SURPLUS TO THE NEEDS OF THE CITY,AUTHORIZING DISPOSAL OF THE SAME,AND OTHER MATTERS RELATED THERETO. WHEREAS, since the previous declaration of surplus items on November 21, 2017,the City has accumulated various items of personal property necessary for operation of City Hall,such as office furniture and computer equipment,which are no longer useful or usable for their intended purpose; and WHEREAS, the City would like to dispose of these items that are unneeded or not useful to the City; and WHEREAS, the City adopted Spokane Valley Municipal Code (SVMC) 3.49.020, which prescribes a process for disposing of surplus City equipment; and WHEREAS, the City has followed the process set forth in SVMC 3.49.020 and now desires to formally declare the items surplus and dispose of them pursuant to City Code. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington as follows: Section 1. Declaration of items of personal property surplus to the needs of the City. The City Council hereby declares that the list of items attached hereto as Exhibit 1 are declared surplus to the need of the City,as they have no practical,efficient or appropriate use to the City,or are damaged,inoperable or obsolete, and the cost of repairing the same is uneconomical or impractical. Section 2.Authorization to dispose of surplus property.The City Manager is authorized to dispose of the surplus personal property identified in Exhibit 1 to this Resolution pursuant to SVMC 3.49.020(B): Sale of Property.Following passage of a resolution declaring City property surplus, City property shall be sold or disposed of in accordance with the following: 1. The city manager may dispose of surplus personal property by public auction, bid, or other method of sale on terms deemed to be in the best interests of the City. 2. Surplus personal property which is unsellable because of obsolescence, wear and tear, or other reasons may be dismantled,if necessary,and sold as scrap. 3. For surplus real property, the city manager shall secure a market value appraisal and proceed to sell the same by public auction or through other procedures the city manager deems to be in the best interests of the City. Section 3.Effective Date.This Resolution shall be effective upon adoption. Resolution 20-004—Declaring Items as Surplus Page 1 of 2 DRAFT Adopted this 31st day of March,2020. CITY OF SPOKANE VALLEY ATTEST: Ben Wick,Mayor Christine Bainbridge,City Clerk Approved as to form: Office of the City Attorney Resolution 20-004—Declaring Items as Surplus Page 2 of 2 Exhibit 1 CITY OF SPOKANE VALLEY,WA Resolution 20-004 Exhibit 1 List of Surplus Equipment Description Item Type SN/Alt.ID HP 19"LCD Monitor Monitor CNC230P728 HP 19"LCD Monitor Monitor CNC914R1GS HP 19"LCD Monitor Monitor CNK83215C8 HP 19"LCD Monitor Monitor CNK83215C9 Acer LCD Monitor Monitor ETL640C160738085F64044 HP LA1956x Monitor Monitor CN43410CQ3 HP Compaq 19"LCD Monitor Monitor CNC137PBHW HP Compaq LA1951G Monitor 19"LCD Monitor CNK1080YQN HP LA1956x Monitor Monitor CN43410CR5 HP LA1956x Monitor Monitor CN43410CRC HP Compaq LA1951G Monitor 19"LCD Monitor CNC239PT98 HP Compaq LA1951G Monitor 19"LCD Monitor CNC137P8K9 NEC Multisync EA 193mi LCD Monitor 4Y111524TA HP Compaq LA1951G Monitor 19"LCD Monitor CNC043QXLW Planar PL1910M Monitor A1549F91950 HP Compaq LA1951G Monitor 19"LCD Monitor 2MH11NP1V HP Compaq LA1951G Monitor 19"LCD Monitor CNCO28R7W8 HP L1950 Monitor CNC239PT95 Optiquest Q19WB model VS11443 Monitor QCW063408341 HP Compaq LA1951G Monitor 19"LCD Monitor 2MH114NP8K HP L1950 LCD Monitor CNK811ORQY Bartizan credit card charge slip imprinter and blank slips Credit card imprinter 40101463 HP Compaq Monitor Monitor CNC906R4F6 HP Compaq Monitor Monitor CNC230P724 Biamp System Audio Mixer B251514 Biamp NEQ 301 Audio 259400470 Marantz PMD 351 CD Player CD Player A1010440000656 Ipad Ipad DMRJN6WTF182-Asset 1098 Ipad Ipad DMQJPX07F182-Asset 1126 Ipad Ipad DMPJC1PFF182-Asset 1117 Ipad Ipad DMQJP157F182-Asset 1120 Ipad Ipad DMQJPY3AF182-Asset 1127 Ipad Ipad DN6GX69RDFHW-Asset 1086 Ipad Ipad DMPJFZ1FF182-Asset 1119 Ipad Ipad DMQH14ATDFHW-Asset 1087 HP Compaq LA1951G Monitor 19"LCD Monitor CNCO28R7W0 HP Compaq LA1951G Monitor 19"LCD Monitor CNK1080YQD HP Compaq LA1951G Monitor 19"LCD Monitor CNC015NR77 HP Compaq LA1951G Monitor 19"LCD Monitor CNC137PBJY HP Compaq LA1951G Monitor 19"LCD Monitor CNK0490ZNS HP Compaq LA1951G Monitor 19"LCD Monitor CNC239PT9D Cisco 2821 Switch FTX0926A1VS HP 2810-48G Switch Switch CN410XJ032 J9022-60201 HP Pro Curve Switch 2510G-48 Switch CN139DG202 J9280-60001 HP 2530-24G Switch Switch CN45FP727M J9776-60201 Shure SCM810 Microphone Mixer Audio Mixer 62566390 Shure SCM810 Microphone Mixer Audio Mixer 30738975 HP StorageWorks 4/16 SAN Switch Switch USB0609X2B W8-C2950-24,F000636Y1CU,CNM9AOOCRA, Cisco Catalyst 2950 Switch 000AF4373F80 HP2920-24G Switch Switch SG35FLW1YL HP2920-24G Switch Switch SG36FLWOZ2 HP Pro Curve Switch 2626-PWR Switch CN652PCO4R HP Pro Curve Switch 2900-48G Switch SG831KJ013 HP Pro Curve Switch 2910a1-24G Switch SG118IP1NW WS-C3550-48-EMI,CHK0706WOZ2,CNMG240ARA, Cisco Catalyst 3550 Switch 000C30139780 Page 1 of 4 Exhibit 1 CITY OF SPOKANE VALLEY,WA Resolution 20-004 Exhibit 1 List of Surplus Equipment Description Item Type SN/Alt.ID WS-C3550-48-EMI,CHK0703WOWM,CNMG240ARA, Cisco Catalyst 3550 Switch 0008FD5FC400 WS-C3550-48-EMI,CAT8002Z1G2,CNMGA40ARA, Cisco Catalyst 3550 Switch 000F2323OE80 Mite!Superset 4025 Telephone 9132-025-202-NA Ipad Ipad DMPJN8QTF190-Asset 1097 HP L1950g LCD Monitor CNK83215SD HP L1950g LCD Monitor CNK8320QN7 HP L1950g LCD Monitor CNC825RB8B HP L1950g LCD Monitor CNC825RB7T HP L1950g LCD Monitor CNK83215T3 HP L1950g LCD Monitor CNK83215C0 HP L1950g LCD Monitor CNCO28R65W HP L1950g LCD Monitor CNCO28RSY Ipad Ipad DLXJF2QSF182,Asset 1191 NEC Projector Projector 9100075FG Asset#277 Office Chair(from Comm.Dev.) Chair Office Chair(from Comm.Dev.) Chair Sony Handycam model DCR-SR49 Camera 366884 Olympus 10.0 Megapixel camera model E410 Camera D55512365 HP 19"LCD Monitor Monitor CNK83215T5 HP 19"LCD Monitor Monitor CNK83215T6 HP 19"LCD Monitor Monitor CNC239PT9L HP 19"LCD Monitor Monitor CNC137PBJ2 HP 19"LCD Monitor Monitor CNC230P72P HP 19"LCD Monitor Monitor CNC239PT8V HP 19"LCD Monitor Monitor CNC239PT96 HP 19"LCD Monitor Monitor CNK8110RRC HP 19"LCD Monitor Monitor CNK83215SX NEC Monitor Monitor 4Y111507TA NEC Monitor Monitor 4Y111528TA HP 19"LCD Monitor Monitor CNC825RB7R HP 19"LCD Monitor Monitor CNC825RB3G HP 19"LCD Monitor Monitor CNK0490ZNM Carrier 40BNB024301(server room at Centerplace) Equipment 2004V64372 Apple Ipad Air-509-874-8103 Print DLXPN31KG5YL Brother PJ-662 Bluetooth Printer Printer U62861-D4Z905405 Dell Vostro 1720 4XJP4L1 Extech Sound level calibrator Audio WA92555 Extech Sound Meter Audio WA91362 General Dynamics GoBook XR-1 Laptop ZZGEG9106ZZ0852 Ipad Ipad DLXFJ4W1DJHF-Asset#1085 Ipad Ipad DLXGW1BWDJHF-Asset#1079 Kodak i1220 Plus Scanner Scanner 43972121 Laptop#4-HP Compaq nc8000 Laptop CNU4190VC4 Laptop#5-Panasonic CF-51 Laptop 7ATYA28271 LCD Projector#2-CenterPlace Projector 3400338FU NEC LT265 Projector-Ceiling West Projector 5800511EM Sony DVDirect VRD-VC20 Camera 5028349 TopCon GMS-2 GPS unit GPS 395-06004 Verizon 4G MiFi 4510 (509)496-6154 990000625700036 Verizon 4G MiFi 4510 (509)496-7249 990000626001756 Verizon 4G MiFi 4510 (509)590-9743 PW Director 990000626579918 Verizon Motorola Xoom Tablet (509)998-3197 Tablet 99000052098777 EAGL Model 400 Electronic Level Level Asset#1070 HP 1055C Plotter C6075B Printer/Plotter C6072-60125 Carrier 38BNB024311(outdoor unit) Equipment 1604V59283 Page 2 of 4 Exhibit 1 CITY OF SPOKANE VALLEY,WA Resolution 20-004 Exhibit 1 List of Surplus Equipment Description Item Type SN/Alt.ID General Dynamics GoBook XR-1 Laptop ZZGEG9106ZZ0853-#272 1 partial roll of gold cellophane Misc 1 roll of clear 4 ml plastic sheeting Misc 1 sheet each blue and green felt Misc 7 tent stakes Misc 6 adhesive base security pens Misc 5 tote bags Misc 15 plastic frames Misc Ricoh MPC4000SPF-Permit Center Copier V1205200591 Ricoh Aficio MPC3500SPF-Legal Copier L8986520345 Kyocera C4551-Public Works Copier LA94Z01711 Kyocera C4551-Centerplace Copier LA94401005 Ipad 3--1096 Ipad DMPHQ3S9DNQR Ipad 2--1084 Ipad DLXGP5VZDJHG Mirror HP Compaq LA 1951g Monitor CNC239PT75 HP L1950 Monitor CNK8110R6B HP Compaq LA 1951g Monitor CNCO28R7VL Sharp panel PNC703B 7L072247 HP 19"Monitor Monitor CNCO28R65R HP 19"Monitor Monitor CNCO28R7W3 Matrix Convert DVI Converter BM93618 HP 21"Monitor Monitor 6CM42415ZX Acer 24"Monitor Monitor ETLFBOW0039100221 HP 19"Monitor Monitor CN43410CQD HP 19"Monitor Monitor CNC137P8JK HP 19"Monitor Monitor CNC015NR74 Samsung 17"Monitor Monitor GY17HCHW812291K HP 19"Monitor Monitor CN43410CPX HP 19"Monitor Monitor CN43410CQ5 HP 19"Monitor Monitor CNCO28R65V HP 19"Monitor Monitor CNK090ZML HP 19"Monitor Monitor CNK092OZMV HP 19"Monitor Monitor 2MH114NP2K HP 19"Monitor Monitor CNK83215SF HP 19"Monitor Monitor CNK83215BK Planar 19" Monitor M1094HE4124804 HP 19"Monitor Monitor CNK1080YR1 HP 19"Monitor Monitor CNK040ZMQ HP 19"Monitor Monitor 2NV114NP4Y HP 19"Monitor Monitor 2MH114NPBV Brother Printer MFC-9440CN Printer U61830J9J446615 HP 19"Monitor Monitor CNC906R4RJ HP 19"Monitor Monitor CNC239P84 HP 19"Monitor Monitor CNC849P7T8 HP 19"Monitor Monitor CNC230PT9S HP 19"Monitor Monitor CNC217PLQF Brother HL 2410 Printer U61944K7J125374 HP 19"Monitor Monitor CNC239PT9C HP 19"Monitor Monitor CNK0490ZnW HP 19"Monitor Monitor 2MH114NP20 HP 19"Monitor Monitor CNC8365741 HP 19"Monitor Monitor CNC217PLQ8 HP 19"Monitor Monitor CNC137PBK8 HP 19"Monitor Monitor CNC015NQJN HP 19"Monitor Monitor CN42370YBV HP 19"Monitor Monitor 6CM413MQ8 Page 3 of 4 Exhibit 1 CITY OF SPOKANE VALLEY,WA Resolution 20-004 Exhibit 1 List of Surplus Equipment Description Item Type SN/Alt.ID Lenovo Monitor Monitor VNA20ANC HP LaserJet 1300 Printer CNBJK31141 HP DeskJet 6940 Printer C8970A-002 Brother TN60 Toner NA Brother TN1155K Toner NA Brother DR 510 Toner NA Mite!5224 IP Phone Phone AVADB2493 Marshall VR573P-SDI Monitor 6842914227 Marshall VR573P-SDI Monitor 6842914227 WatchGuard firewall Firewall BOF102775-0721 HP E2620-24 Switch Switch CN22DRR275 Epson DS 7500 Scanner PX2Z003467 Surface 3 Docking Station NA HP ScanJet 4370 Scanner CN675A127H APC SMT3000RMT2V UPS Unit A51516342079 APC SMT3000RMT2V UPS Unit A51518148210 HP RT 3000 UPS Unit 3C8A170335 APC UPS Unit TS1252002346 Cisco 2800 Switch Switch 80021933-02 WatchGuard SSL 100 Remote access 8E8810361-OAIE Juniper EX 4200 Switch BR0215370012 HP Compaq R3000 UPS Unit YOAMJT154V HP R3000 UPS Unit YOJFJT54H HP R3000 UPS Unit 151020016486 HP DL380 Server CZC9401MJY HP DL380 Server 2M23390422 HP DL380 Server 2M23390425 HP DL380 Server 2M23390429 HP DL380 Server USE132N2CK HP DL380 Server 2M21160360 HP DL380 Server USE040N7KZ Dell Power Edge R720 Rack servers 9BVSR22 Dell Power Edge R720 Rack servers 9BVRR22 Dell Power Edge R720 Rack servers HMHLW52 HP DL 380 Server USE29C9G1 HP 2012 I Modular Smart Array Smart Array 3CL813C136 HP 2012 I Modular Smart Array Smart Array CN835M005 HP DL 380 Server USE148M9JV Apple(phone (phone F2LN7G9ZFNJJ Horse Arena Fencing Fencing Horse Arena Stables Stables Horse Arena A-frame Structure Outbuilding Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Mayoral Appointment, Citizen to the Spokane County Human Rights Task Force GOVERNING LEGISLATION: Spokane County Human Rights Task Force By-Laws BACKGROUND: Spokane Valley resident James Johnson was appointed to the Task Force on September 25, 2018. The term of appointment is generally four years, but as terms are staggered and this was the first time Spokane Valley had a position on the Task Force, his term expires on March 31, 2020. An announcement was posted on the City's webpage and was published in the local newspapers seeking a volunteer to serve on this committee. The deadline to submit an application was 4:00 p.m. Wednesday, March 18, 2020. The City received four applications; electronic copies of which were emailed to all Councilmembers on March 19, 2020. Mayor Wick will announce his recommendation for this appointment at the March 31, 2020 meeting. OPTIONS: Confirm the appointment; do not confirm the appointment; take other action. RECOMMENDED ACTION OR MOTION: I move to confirm the Mayor's recommended appointment of to the Spokane County Human Rights Task Force for a four-year term beginning April 1, 2020 through March 31, 2024. BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: Mayor Wick ATTACHMENTS: Candidate applications Application6 Form F r for CommitteesBoards/Commissions R E C E I V E ."` Spokane Return completed form to City Clerk: MAR 1 3 2020 4,00`a'l� Spokane Valley City Hall 10210 gp� okane Valley r� 10210 East Sprague Avenue Spokane Valley, i/49 p Phone:509-720-5102 cbainbridgenspokanevald8#ier�of the City Clerk [Note:To meet an application deadline,applications may be faxed or e-mailed. However,the Clerk's office will need an original,signed application prior to appointment.One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ]Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. )(1 The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5'h Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area.Hotel Advisory Committee(aka Hotel/Motel Association),—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). . All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Name(please print): ti is . a I AA .1, Y14 `t i..\ Complete residence address: O") IA. 1 «"S rci k x1-\-Q "119 016) -0(0 Street City I Zip Code Complete mailing address(if different from above address): Length of time residing at current address:1 U.S.Citizen? },yes [ ]no WAS to registered voter?dyes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number, or do not wish your e- mail address made public,do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ]Home Phone: [ ]Work phone: M Cell Phone:cosi•a to 3.`5313 [ ] Other messa a phone: NE-mail address: (please print clearly):4--� .hctr- C:Itn CE e 1 y.„,6 i‘r,..ernr f ]Regular mail to residence or mailing address shown above EMPLOYMENT:(Please start with most recent) 1.(4 present [ ]previous Name of employer: .r r0,1 VtML, School Di Si, Address: I S)14 C. St'racre_c rt - ci903-1 Phone: 509 5 -SSS(o Position held: F& -l;1 t j Synod Pei c i sk Dates of employment:10/I(of. 01 Q7 Scanned with CamScanner 2.[ ]present IA previous Name of employer: -- • 4111 A Phone: Address: Dates of employment: Position held: 3.[ ]present [ ]previous Name of employer: phone: Address: Dates of employment: Position held: 4. [ ]present [ ]previous Name of employer: phone: Address: Dates of employment: Position held: EDUCATION: Address: �� C� - Ptv-c,' Name of high school Ont Vers t�-t4 \"It� \Scha.lI Diploma or GED64 yes [ ]no Trade school/college/university: �1 qqa n Name of School okcv‘2 CommYmt j ('vitt r. Address: ['�)O 1`+. C �✓� Sk Diploma: [ yes [ ]no Degree o4 certification earned: -i1G'ns'['ex API Trade school/college/university: Name of School eo.SrGm W Vntvi.(Sti ddress: �v c2( Sm L. Diploma: Oyes [ ]no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1.[ ]current previous P r4t.vlat. Atv,bo ss or tlGshmr%o kr7 \ a,�c p1sSc14 to?hl W I EC_�RR 2.[ ]current [ ]previous 3.[ ]current [ ]previous 4.[ ]current [ ]previous PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. � 11 I. current [ ]previous Warhi }onGifc 0,%ct.1c r 4� HCcxd r��C�PP Roo-rd 2. ]currentprevious�4,v&-{•lam e\i'tIdrt,v^ l orN Nehwort�C � t� onnmvtt0A; LeoLd.L 3. [ ]current previous'Ptut ll YokJ £ co*1Dr> YYI� , Ftr rt C,K;\a I.Atit 4. current [ ]previousSQ.Cda ► tit Jm?IGS/ Vta,rnt'(s. St )O(} , pori}t S-r Wct,Sx‘r o,-kor\ 5. L 1 current [ ]previous REASONS for applying for this committee,commission,boardi._ \'\o vt. 041 2x 'Stre_ 4.M[r '11.9 16 i i. -7 0 {tJirme1 • & . f1 (• • • i. A [• ►t a • • • \O r ovr SputLo.ne Von, CumMO"vkNA • By signing this application, certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. • Si 4 attire t, Date Signed Scanned with CamScanner RECEIVED MAR 1 4 2020 City of Spokane Valley Office of the City Clerk March 13,2020 City of Spokane Valley Attn: Chris Bainbridge,City Clerk 10210 E. Sprague Avenue Spokane Valley, WA 99206 Dear Chris, Please find my attached application for the position representing the City of Spokane Valley on the Spokane County Human Rights Task Force. In addition,I included my resume to provide a more detailed background prior to my retirement in 2019. I am excited and appreciative for the opportunity to be considered for this position,and I hope that my qualifications are a good match.I am a compassionate,amiable,determined and dependable person,and I can lead, facilitate,and work in both team and individual contributor roles. Thank you for the opportunity to be considered for this position and please don't hesitate to contact me at any time. Best Regards, Thomas"Tom"Cuilla RECEIVED MAR 1 4 2020 City of Spokane Valley Office of the City Clerk ' Application Form for Committees/Boards/Commissions Spoka` y nee Return completed form to City Clerk: j Valle Spokane Valley City Hall 10210 East Sprague Avenue Spokane Valley,WA 99206 Phone:509-720-5102 cbainbridee(a okanevallev.ortst [Note:To meet an application deadline,applications may be faxed or c-mailed. However,the Clerk's office will need an original,signed application prior to appointment.One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE iS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms arc for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [ ]Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month,3:30 to 5:00 at Catholic Charities,12 E 515 Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area.Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Name(please print): Tho w.e* tv' Cu.; 1.��- Complete residence address: 5015 ill. RGeS )ZD. Sfatedwg VA-t1-Ey x(`12—i Street City Zip Code Complete mailing address(if different from abyve address): NIA Length of time residing at current address: ]S U.S.Citizen?[yes [ ]no WA State registered voter?[I/lyes [ ]no What is your preferred way for us to contact you: [Note:If you have an unlisted phone number,or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City,it becomes subject to public disclosur•e.] [ J Home Phone: [ ] Work phone: [Cell Phone: 5c1-415-100D [ ]Other message phone: pit [ 'E-mail address: (please print clearly): fRcKerseo 11ZMM® 6m4te..ee,v1 [ ]Regular mail to residence or mailing address shown above EMPLOYMENT:(Please start with most recent) g6T` SLILY 2014 1.[ ]present [previous Name of employer: 14 LAtJ A NOM W&ST RE.A L-TN SEiIRVI mit Address: (,O 1 1M 1ST AV•I Sro iCArJ fy, wA Qq 242( Phone: 5.O1-232- 8100 Position held: SC. Pg.07-ex.'r harvJAGs t2. Dates of employment: 712.00s— 7/10 i 9 2. [ ]present [previous Name of employer: VD(...17‘1 P,AA'T?J RS OF AMeA(CA Address: 1600 fEt.ttp.M RD.1 6P.EENVtu.E, 2.416t 5 Phone: g1-2.01-23o2 Position held: rte TEc.T MAiJA elti Dtpeer t of Dates of employment: 2o04- 2005 esoncr wove. 3. [ ]present [✓]revious Name of employer: Ilito►at INC. Address: 2ttt N. Moi.TER. R.D.t ( l.R+eE, Wt'4 44otq Phone: 50i-e42,4-(Moo Position held: Dates of employment: 2A91 —2004 4. [ ]present [or/previous Name of employer: G9MMONWEAt.TH ePtse J Address; ;Oct 14.DEARSot4J p(V•t CHI CA 60/ It.. (.06 to Phone: Position held: Pe LT1 Pt.E Dates of employment: L' 11-200 f EDUCATION: Name of +a high school WAR 1 k)J$NtP HS Address: goo ts. o`P.411JE D. (,40pee,II_ 603( iploma or GED:[,]'yes [ ]no Tra 3choollcollege/university: Name of School CAWt,,At.STP.rrekl( 1VEAS.i1'y Address:_ _6601 N. YATEst Mtt.14/04KEC, v7t 53217 Diploma: [yes [ ]no Degree or certification earned: 134c 1eLol2 ot=Setrt.g&--MA446tMeNT T. ade-seireel/col lege/university: Name of School It 1.1.0640cont SCOWL.OF fAtopvt. Address: t 'ru ISG c+s' OAKBRoa-'T A.4C5,K. 600 t8( Diploma: [✓(yes [ ]no Degree or certification earned: MAYre&c +i PPa1EGr MAA065MeNT Other relevant certifications/licenses: P*DSeC'rtowp9+ewar fRotes5.tONA4-((MP)s(,EtttTtFICPS[RuMMASMR. VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1.[VI current [ ]previous SECOND +tAicaeST 2. []current [ ]previous AMEt-(CAN RED CR;.OSC (fattm& 1e,AM ASSl6NMf^sr) 3. [ ]current LOT previous 6t.&6140ga ct R. DEMI- VoLwJ Tee a Ft tct:MAto ASA CMT 4. [ ]current [14 previous 6MRtJE0 ciPet 'S PtSSOGtp"OoN - SEetrt Rif-OzreStagek, Peres(oEuT PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you se a or have served. 1. [ ]current [ previous I17-ON (SSRS ftDvt$DgY 115A124)-GNAtRPE($on.) 2. [ ]current [vjprevious (T1roN tA5e0.5 IOWSoP-`t' Bolam- eAReD McM6e 3. [ ]current [✓j previous INLAND NW Pitt BoARD- Seater/4W.! - 2004-87 Zott tz 4. [ ]current [ri]'previous INWAND NW Nit $146444) V P C.4,MM4t01 Cfe-rtotus 5. [ ]current [ ]previous REASONS for applying for this committee,commission,board: 'MIS o eeoP-TZta)t1Y 15 e'er(TI 06 Tv ME eA3teD OtJ THE Oreot-rt.0 "IV Tb aritS$e'ty( H&MA-N ft I6#113 Fag 771ECr'TY4 crrneos. 114(S 1S 04 I4JOK171Y a)D IMPoPTMTCNAt)CE1O000TRtBC-re! By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. Ciltie'r,t)._ 1'3, 2.020 Signature Date Signed Thomas R. Cuilla 5015 N. Rees Road •Spokane Valley, WA 99216 • (509)-475-7000 SUMMARY OF OUALIFICATIONS I am an experienced professional with a proven track record of successful results as a project manager and a leader. I enjoy project management, process improvement, team building, relationship management and I am passionate about providing excellent customer service. I enjoy interacting with people,and I work successfully as a team member or as an individual contributor. Some highlights of my experience and certifications include: • Extensive experience in Project Management • Project Management Professional (PMP)certification • Certified Scrum Master(CSM) • Extensive managerial experience—budget, personnel • Stanford University Certified Project Manager PROFESSIONAL EXPERIENCE Inland Northwest Health Services, Spokane,Washington 2005 -2019 Senior Project Manager/Team Leader Wells Fargo Building(2012 to current) • Manage multiple IT projects from cradle to grave, including project definition,project monitoring,project completion and to initiation of customer billing • Manage and mentor staff • Prepare status reports for leadership Based at Providence Sacred Heart Medical Center (2005—2012) • Managed projects while based at Sacred Heart Medical Center, including small to large projects.Examples include the HEV project,the Med Reconciliation Project and the Obix installation project. • Led a team of four project managers in the full project lifecycle to complete projects • Collaborated with Clinical Engineering to create departmental processes • Trained employees and administered evaluations and salaries Utility Partners of America,Greenville, South Carolina 2004 -2005 Project Manager, Director of Project Management • Developed several process improvement initiatives and created new processes • Managed large scale automated meter retrofit project deployments(National Grid Electric) • Helped Utility Partners of America leadership secure a large scale automated meter retrofit project with the SCANA Corporation,and I managed the deployment • Assisted leadership in developing the structure for the company's project management team and I was responsible for hiring staff Itron,Incorporated, Spokane Valley,Washington 2001 -2004 Project Manager • Defined customer project requirements, developed project budgets, timelines and project plans, monitored performance and provided appropriate status reports to stakeholders. These implementations included working with vendors, subcontractors and customers. • Responsible for managing subcontractors to deliver successful project implementation services for automated meter reading projects. These projects were on schedule and under budget. • Core team member for a new product introduction project(the"Mobile Collector"), which is a highly successful hardware/software product Experience prior to 2001 available upon request EDUCATION Master's Degree in ProjectManagementwith Academic Distinction -DeViy University/Keller Graduate School of Management(2000 -2003) Bachelor of Science in Management with Academic Distinction - Cardinal Stritch University (1998 -2000) Diploma in Middle Management with Honors -Aurora University School of Business & Management(1991 - 1994) PROFESSIONAL AFFILIATIONS and CERTIFICATIONS Scrum Alliance-Certified Scrum Master(#200074) 2012 Project Management Institute-certified PMP(#44587) 2003 Stanford University Certified Project Manager Professional 2003 EXTRACURRICULAR ACTIVITIES Secretary-PMI Inland Northwest Chapter Board- (2011 -2012) VP of Communications-PMI Inland Northwest Chapter Board(2008-2009) Secretary-PMI Inland Northwest Chapter Board- (2006-2008) A o,/ N 8 J 1 WHIIWORTH AN EDUCATION OF MIND AND HEART To Whom It May Concern: I am writing as a reference for Tom Cuilla. I have known Tom for over 15 years.Tom was one of my customers during my tenure at Itron.I found Tom to have the rare combination of excellent business sense along with technical skills that he used to drive a major project at his utility. This was an enormous project with hundreds of people involved and widely dispersed geographically. We had many challenges with the project and Tom handled them professionally and in a way that kept the project moving ahead. The project was a success and Tom's direct involvement was a major part of the successful implementation. I invited Tom to join Itron's Users Advisory Board where he served as a representative to the company for hundreds of customers. He did an outstanding job and was elected as Chairman where he also served very well. Several years ago,Torn approached me about joining Itron as a project manager. His background and demonstrated leadership skills made it an easy decision. Tom joined Itron and served as a Project Manager in my business units where he was instrumental in several successful installations. His role was to lead various levels of employees and customers through challenging timelines with critical cash flow effects. I have witnessed Tom as an effective leader driving through numerous challenges in complex organisations.I wholeheartedly endorse Tom as a calm yet direct professional who will be a great asset in managing multiple priorities,people and projects. Since , J. Hengesh erector,Gra nate Studies In Business Visiting Associate Professor School of Global Commerce and Management Whitworth University jhengesh(awhitworth.edu 509-777-4455 300 West Hawthorne Road • Spokane,Washington 99251 • 509.777.1000 • www.whitworth.edu 19720 NW Tanasbourne Dr. Suite 320 Hillsboro, OR 97124 512 318 2154 www.innovari.com INNOVARI October 26, 2016 To Whom It May Concern: I would like to provide a reference for Mr.Thomas Cuilla. I have known Tom for over 20 years and have come to know him both professionally and personally. Mr. Cuilla has demonstrated the highest level of competency in wide variety of career assignments he has had. His background and expertise in Customer Service, Meter Technology and Project Management has driven successful programs across the utility industry. I worked side-by-side with Tom on several successful projects, such as a new meter reading system and a new performance reporting process at Commonwealth Edison in Chicago. His ability to quickly get to the heart of an issue, and bring the project team together to get it resolved in a timely manner, greatly enhanced the success of projects he was involved in. His adaptability to new processes and technology gave him the ability to create a vision for where a company needed to go and his determination assured that the projects would be completed on time and on budget. On a personal note, I have found Mr. Cuilla to be of the highest moral character and integrity. His values will support even the most demanding corporate expectations. I was proud to work closely with Tom and am even prouder to call him a friend. If I can be of any more assistance in your consideration of him for employment, please do not hesitate to call me at 816-804-2157. Sincerely, / /7r- 4 William P Herdegen III Chief Operating Officer *CAPACITY FOR CHANGE RECEIVED Application Form for Committees/Boards/CommissionAR 1 8 2020 SReturn completed form to City Clerk: Valler Valley City Hall CitySpokane Valley �Ql�y Of S 10210 East Sprague Avenue Spokane Valium %WCity Clerk Phone:509-720-5102 cbainbridce(eknokanevallev,ore, [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed application prior to appointment. One application per position please. DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ] Planning Commission—Must be a Spokane Valley resident. (See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism), Identify the business or organization you represent [ J Spokane County Housing and Community Development Advisory Committee(HCDAC? HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [X] Spokane County Human Rights Task Force —Terms are for four years. Must be a resident of Spokane Valley. The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5th Spokane, [ ] Spokane Housing Authority(SHA)—regional committee, five members. Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor, Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this coinrniltee. [ J Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ I Other: Name(please print): James A. Johnson Complete residence address: 13224 E 4th Avenue, Spokane Valley, Washington 99216 Street City Zip Code Complete mailing address (if different from above address): Same Length of time residing at current address: 25 Years U.S. Citizen? [X]yes [ ]no WA State registered voter? [X]yes [ ]no What is your preferred way for us to contact you: [Note: If you have an unlisted phone number, or do not wish your e- rnail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [ ] Home Phone: [ ] Work phone: [X] Cell Phone: 509.994.7392 [ ] Other message phone: [X] E-mail address: (please print clearly): JJJohnsonHomeamsn_eun [ ] Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [X] present [ ] previous Name of employer: Spokane Public School Address:_ 200 N. Bernard, Spokane WA 99201 Phone: 509.354.7134 Position held: Instructional Material Resources Dates of employment: 06/2010 to Current 2. [ ] present [X] previous Name of employer: _Moment Frame Inc Address:_ 13224 E 4th,Spokane Valley, WA 99216 __ Phone: 509.994.7392 Position held: President Dates of employment: 06/2005 - 12/2009 3. [ ] present [X] previous Name of employer: Brooklyn Iron Works, Inc, Address: 2401 E. Brooklyn Avenue, Spokane, WA Phone: 509.468.2310 Position held: _ Senior Project Manager Dates of employment: 03/1999-06/2009 4. [ ] present [X]previous Name of employer:_Sideplate Systems, Inc Address: 25909 Pala Suite 200 Mission Vie.o CA 92691 Phone: 800-475-2077 Position held: Program Manager Dates of employment: 05/2003-06/2008 EDUCATION: Name of high school Central Valley High School Address: 821 S. Sullivan Road,Spokane Vly, 990374 Diploma or GED: [X] yes [ ] no Trade school/college/university: Name of School. Eastern Washington UniversityAddress: Cheney,WA Diploma: [ ] yes [ ] no Degree or certification earned: Trade school/college/university: Name of School_ Community Colleges of Spokane Address: 1810 N.Greene St. Spokane,WA 99217 Diploma: [X] yes [ ] no Degree or certification earned: Mechanical Engineering Other relevant certifications/licenses: Washington Award for Vocational Excellence VOLUNTEER EXPERIENCE: Name of social,fraternal, organizations,etc. 1. [ ] current [X] previous Spokane Valley Girls Softball Association 2. [ ] current [X] previous Pasadena Elementary PTA_____ 3, [ ] current [X] previous 2nd Harvest Food Bank 4. [ ] current [X]previous American Heart Association �. PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. I. [X] current [ ] previous City of Spokane Valley Planning Commission 2. [ ] current [X] previous SCC Mechanical Engineering Advisory Committee 3. [ ] current [X] previous Pasadena Park Citizens Advisory Committee for Long Range Planning 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee,commission,board:.)-lave served on SCHRTF since Fall of 2018,.and. .am currently a critical member working on an-annual awards banquet in conjunction with the City of Spokane Human Rights Commission and-the Institue of Hate Studies at Gonzaga-University: Dean Lynch,President of SCHRFT1 has requested I re-apply and continue that and other work with the Task Force. By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. March 18, 2020- Signa re Date Signed jjjohnsonhome@msn.com From: Dean Lynch Sent: Wednesday, March 11, 2020 10:07 PM To: 'JJ JOHNSON' Subject: RE: Human rights Task Force JJ, I think you have been a very valuable resource to the TF and believe that you have represented the City of Spokane Valley quite well. It is probably a very appropriate move for Mayor Wick to advertise for the position. Everyone on the TF has other commitments. You have made great effort to participate above and beyond just attending the monthly meetings. I would be delighted for you to continue! Dean From: JJ JOHNSON [mailto:jjjohnsonhome@msn.com] Sent: Tuesday, March 10, 2020 10:32 AM To: Dean Lynch Subject: Fwd: Human rights Task Force Dean, Please refer to the email below. Just checking to see if you would rather have someone else represent the Valley on the Task Force. While the work is important to me, I know there has been a few occasions where I have not been able to take on more, leaving the Task Force short. I would understand if having someone with more available time might be attractive. Please let me know, JJ From: Chris Bainbridge<CBainbridge@spokanevalley.org> Sent:Tuesday, March 10, 2020 8:14:17 AM To: 'JJ JOHNSON' <jjjohnsonhome@msn.com> Subject: Human rights Task Force Good morning JJ. Mayor Wick asked me to re-advertise this opening. (Your term expires March 31, 2020.)The re-appointment is currently set for the March 24 council agenda. I have attached an application in case you wish to be considered for re-appointment. Thanks—Chris Christine (Chris) Bainbridge Spokane Valley City Clerk 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5102 1 This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW VOLUNTEER WANTED THE CITY OF SPOKANE VALLEY ANNOUNCES COMMITTEE OPENING The City of Spokane Valley seeks one resident to serve as the Spokane Valley representative as a member of the Board of Directors on the Spokane County Human Rights Task Force. The Spokane County Human Rights Task Force: (1) provides assistance to people victimized by prejudice and bigotry, (2) provides education promoting positive human relations, (3) promotes legislation that addresses malicious harassment and hate speech, (4) monitors and documents hate activity, crimes and incidents, and (5) promotes a positive and accurate image of the acceptance of diversity and pluralism on the part of the people of Spokane County,Washington. The appointment is a four-year appointment and runs April through March. The Board meets on the second Tuesday of the month, 3:30 to 5:00 at the Catholic Charities, 12 E. 5th Avenue in Spokane.The members of the Board of Directors serve without compensation. If you or someone you know is interested in serving on this Task Force, please request an application from City of Spokane Valley City Clerk Chris Bainbridge, 10210 E. Sprague Avenue, Spokane Valley, Wa. 99206 (509)720-5102. Applications can also be found on the City's website at www.spokanevalley,org under "volunteer opportunities." Applications must be received by the City Clerk no later than 4:00 p.m. Wednesday, March 18, 2020 Christine Bainbridge, MMC Spokane Valley City Clerk Publish: March 13, 2020 2 A �iitntion Form for Committees/Boards/Commissions Smoi* , ,q L L L.11 ' ® Return completed form to City Clerk: pokane Spokane Valley City Hall .0f galley {'IMI 1 3 2020 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone:509-720-5102 cbainbridgeAspokanevalley.org [Note:To meet an applicatioiiea�li1;a$15l(dA&N inVbb WO O or e-mailed. However,the Clerk's office will need an original,signed application prior to appointment.One application per position please.DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms are for three years.Applicants are selected without respect to political affiliations,and serve without compensation.[ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember:appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent •[ ] Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ x]Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2nd Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 5'h Spokane. [ ]Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Board of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County. [ ]Other: Christopher L.Baca,Sr Name(please print): 1725 North McMillan Lane Spokane Valley 99016 Complete residence address: Street City Zip Code Complete mailing address(if different from above address): same Length of time residing at current address:_since 7/1/2019 U.S. Citizen? [x]yes [ ]no WA State registered voter? [x]yes [ ]no What is your preferred way for us to contact you: [Note:Ifyou have an unlisted phone number,or do not wish your email address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] j ]Home Phone: [ ] Work phone: [ x] Cell Phone: 907-821-8609 [ ] Other message phone: [x]E-mail address:(please print clearly): cbaca99901@gmail.com [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. [x] present [ ] previous Name of employer: Retired Address: Phone: Position held: Dates of employment: 2. [ ] present [ x] previous Name of employer: Peacehealth Address: 3800 Tongass Ave. Ketchikan, AK 99901 Phone: 907-228-8300 Position held: Clinic Manager Dates of employment: 09/2011 —06/2019 3. [ ]present [x] previous Name of employer: University of Texas at Galveston Address: 712 Texas Ave Phone: 409-772-1011 Position held: CIinic Manager Polunsky Prison Dates of employment: 2009-2011. 4. [ ]present [ x] previous Name of employer: Harris County Hospital District Address: 2525 Holly Hall St Phone: 713-566-6408 Position held: Director Quality Control_Dates of employment: 2008-2009 EDUCATION: Name of high school_St Michaels High School Address: 100 Siringo Rd Santa Fe,NM Diploma or GED: [x] yes [ ] no Trade school/college/university: Name of School_New Mexico State University Address: 1130 University Ave,Las Cruces,NM Diploma: [x]yes [ ] no Degree or certification earned: BBA Business Economics Trade school/college/university: Name of School_University of Phoenix Address: 4025 S.Riverpoint Parkway Diploma: [ x]yes [ ]no Degree or certification earned: Master of Arts in Organizational Management Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [x] current [ ] Greater Spokane Valley Rotary Club 2020- 2. [ ] current [ x] previous First City Rotary of Ketchikan,AK 2011 -12019 3. [ ] current [ x] previous Ethics Board 2014-2019 PROFESSIONAL ORGANIZATIONS. Local, state,or national government boards,committees, or commissions on which you serve or have served. 1. [ ] current [ ]previous Medical Group Management Assn. Board Member 1988- 1991 2. [ ]current [x] previous Academic Assembly of the MGMA Board and President 199 3. [ ] current [x] previous Association of Managers of Obstetric and Gyn Academic Clinics 1983 - 1986 4. [ ] current [ ] previous 5. [ ] current [ ] previous REASONS for applying for this committee, commission, board: Having worked in Medical Schools and Health Science Centers for most of my career,then in Prison Clinical management, and recently in a private non profit health care environment, managing about 100 employees and physicians,I have always worked closely with our available HR and Human Rights resources. I believe that a strong and continuous education of the employees and public regarding respect and equal treatment is paramount to a healthy working relationship. I am new to this community and see this position and Task Force as an avenue of service I may be able to contribute to strengthen our County business. By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a conflict of interest or an appearance of a conflict of interest with the duties of this position. I understand this application is subject to disclosure pursuant to chapter 42.56 RCW. C_. paa. 6,3 (7,0 Signature Date Signed CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31,2020 Department Director Approval: Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑information ❑admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Motion Consideration: potential agreement with Spokane Valley Partners for emergency social services. GOVERNING LEGISLATION: Article VIII, § 7 of the Washington State Constitution; Washington State Attorney General Guidance on Analyzing Issues Related to Gifts of Public Funds During the COVID- 19 Pandemic;RCW 38.52.070(2). PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: As Council is aware,the Spokane Valley region (along with the rest of the world)has recently experienced the effects of the COVID-19 pandemic. Since mid-March, there have been a series of orders issued by the federal and state governments that have significantly and detrimentally affected the local economy, including a very large number of people who work for businesses that have been ordered closed. These affects are significant in the service industries in particular, but also have ripple effects throughout the region's economy. Spokane Valley Partners has worked for over 60 years in Spokane Valley to fight poverty and hunger,using services such as its Food Bank,its Clothing Bank,its Diaper Bank, and Food for Thought programs for the needy within our community. Traditionally, a principle means of fundraising for Spokane Valley Partners has been donations from area churches. With the recent prohibition on large gatherings, most church congregations are not currently meeting to take collections,including for Spokane Valley Partners. At the same time,the demand for services from Spokane Valley Partners is substantially increasing due to lack of wages coming in for many families. Given the extraordinary strain on the financial resources of Spokane Valley citizens in need,the City and Spokane Valley Partners have discussed a short-term agreement to provide supplemental funding so that Spokane Valley Partners may continue their work at this critical time. The City already has a funding agreement through the City's outside agency process. This would be a separate agreement with separate funding. The anticipated scope of work would be for Spokane Valley Partners to provide emergency funding related to the COVID-19 pandemic for such things as food, housing, clothing, diapers, and other related emergency assistance. Essentially,this would provide additional funding for the good work already being done by Spokane Valley Partners, but would allow an expansion of the number of people assisted during this pandemic. One unanticipated cost so far is increased transportation costs relating to having to drop supplies off at the houses of those who need them in order to comply with social distancing requirements. These types of costs would be identified in the scope of services. Staff suggests taking a phased approach to this agreement,which could be for up to one year,and that the City could fund it in increments of$25,000. The City would require frequent updates on the status of each funding allotment from the City so we could monitor outgoing funds. Unlike the agreement for outside agency funds,this would not be a reimbursable agreement,where they spend their own funds first,and seek payment back by the City as they likely don't have the cash flow for that in these exigent circumstances. OPTIONS: (1)Approve motion authorizing City Manager to execute agreement; or(2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: I move we authorize the City Manager to finalize and execute the grant funding agreement with Spokane Valley Partners to provide emergency funding relating to emergency assistance to City residents in need. BUDGET/FINANCIAL IMPACTS: The initial installment would be $25,000, with any additional installments anticipated to be in similar amounts,up to a maximum of$50,000. These funds would come from the General Fund 001, and would need to be the subject of a subsequent budget amendment in year 2020, since they were not budgeted previously. The City may seek reimbursement of any expended amounts through disaster relief funding from the state or federal government. STAFF CONTACT: Cary Driskell, City Attorney. ATTACHMENTS: Draft agreement with Spokane Valley Partners. DRAFT EMERGENCY COVID-19 PANDEMIC GRANT AGREEMENT BETWEEN SPOKANE VALLEY PARTNERS AND THE CITY OF SPOKANE VALLEY FOR EMERGENCY ASSISTANCE FOR LOW INCOME RESIDENTS THIS AGREEMENT is made by and between the City of Spokane Valley, a non-charter code city of the State of Washington, hereinafter referred to as "City," and Spokane Valley Partners, hereinafter referred to as "Partners,"jointly referred to as "Parties." DEFINITION Fund(s). "Fund(s)"is defined as any amount of compensation derived from the monies of the City granted to Partners. IN CONSIDERATION of the terms and conditions contained herein,the Parties agree as follows: 1.Purpose of Agreement.The purpose of this Agreement is for Partners to receive funds from the City in order to provide emergency assistance to low income individuals resulting from the COVID-19 pandemic within the City. 2.Administration.The City Manager or his designee shall administer and be the primary contact for Partners regarding terms of this Agreement. For good cause, as solely determined by City, City may direct that Partners is no longer entitled to the use of said funds and terminate this Agreement. 3. Representations. Partners shall use the funds received from City for the purposes set forth in Exhibit 1. By execution of this Agreement,Partners represents that the funds will be used for those purposes set forth in Exhibit 1, generally summarized as emergency assistance for the general community, necessitated by the COVID-19 pandemic , and shall be pursuant to all current laws,rules and regulations. No substitutions of purpose or use of the funds shall be made without the written consent of City. 4. Reporting. Partners shall file a monthly report outlining and describing the use of the funds provided by City and the services provided. Monthly reports shall be filed no later than 15 days following the end of each prior month this agreement is in place. The City may require a report sooner than monthly if Partners requests additional funds pursuant to Section 7 below in order to document appropriate use of the funds. 5. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Partners shall accept modifications consistent with state and local law when directed orally or in writing by the City Manager or his designee. 6. Term of Contract. This Agreement shall be in full force and effect upon full execution, and shall remain in effect until terminated when (a) Partners expends all of the funds granted by City; or (b) Partners identifies the need for any remaining funds has ended; and(c)Partners provides the final monthly report on use of funds. This Agreement shall terminate no later than August 31, 2020, unless otherwise extended by the Parties. Either Party may terminate this Agreement by 30 days' written notice to the other Party or with no notice upon a determination by the City that the funds will not be or have not been used for the purpose as stated in this Agreement. In the event of such termination,City shall cease and desist from distributing any further funds to Partners for work performed or otherwise and Partners may be required to reimburse the City for any funds expended for a purpose other than as stated in this Agreement. COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 1 of 6 DRAFT 7. Compensation. City agrees to provide $25,000 for applicable expenses set forth in Exhibit 1. The Parties agree to review the sufficiency of this funding and may, at the sole option of the City Manager, amend this Agreement by adding $25,000 for additional services. Any additional funds thereafter beyond $50,000 shall be further approved by the City Council at a subsequent meeting. 8.Payment. City shall pay Partners within 10 days of execution of this Agreement, and all funds shall be used for the purposes set forth in Exhibit 1. Partners is an independent contractor and shall be solely responsible for all employee payroll- related costs or expenditures. No City funds may be used for employee payroll costs or expenditures. Partners shall assume all responsibility for maintaining complete payroll records on programs where City funds have been used. City reserves the right to withhold payment of funds under this Agreement or to seek reimbursement of funds distributed under this Agreement which are determined in the reasonable judgment of the City Manager or his designee to be noncompliant with the Exhibit 1,the Spokane Valley Municipal Code,or federal or state law. 9. Notice. Notice shall be given in writing as follows or such change in address as provided by either Party: TO CITY: TO PARTNERS: Name: Chelsie Taylor,Finance Director Name: Calvin Coblentz, CEO Phone Number: (509) 720-5040 Phone Number: (509) 927-1153 Address: 10210 East Sprague Avenue Address: PO Box 141360 Spokane Valley,WA 99206 Spokane Valley,WA 99214 10.Applicable Laws and Standards.The Parties,in the performance of this Agreement,agree to comply with all applicable federal, state, and local laws,ordinances,and regulations. 11.Relationship of the Parties.It is understood,agreed and declared that Partners,its employees, agents and assigns shall be an independent contractor and not the agent or employee of City, that City is interested in only the results to be achieved,and that the right to control the particular manner,method,and means in which the services are performed is solely within the discretion of Partners. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Partners,who shall be solely responsible for the conduct and actions of all employees of Partners under this Agreement and any liability that may attach thereto. 12. Insurance. Partners shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Partners,its agents,representatives,employees or subcontractors. A.Minimum Scope of Insurance. Partners shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO)form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary,the policy shall be endorsed to provide contractual liability coverage. If use of vehicles pursuant to the Agreement is only incidental, and Partners will not transport any persons not directly COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 2 of 6 DRAFT related or affiliated with Partners,then Partners is only required to have automobile liability insurance to meet at least minimum Washington state requirements. 2. Commercial general liability insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises,operations,stop-gap independent contractors and personal injury and advertising injury. City shall be named as an additional insured under Partners' commercial general liability insurance policy with respect to the work performed for the City using an additional insured endorsement at least as broad as ISO CG 20 26. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. B.Minimum Amounts of Insurance. Entity shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. If Partners will not use its vehicles in the performance of this Agreement, automobile liability insurance is only required to meet Washington statutory minimum requirements. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 for each occurrence,and $2,000,000 for general aggregate. C. Other Insurance Provisions.The policies are to contain,or be endorsed to contain,the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Entity's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of Partners' insurance and shall not contribute with it. 2. Entity shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Partners. D.Acceptability of Insurers.Insurance is to be placed with insurers with a current A.M.Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Partners shall furnish acceptable insurance certificates to the City at the time Partners returns the signed Agreement. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to the City. Partners shall be financially responsible for all pertinent deductibles, self-insured retentions,and/or self-insurance. F. Failure to Maintain Insurance. Failure on the part of Partners to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving at least five days' written notice to Partners to cure the breach,immediately terminate the Agreement or, at the City's discretion, procure or renew such insurance and pay any and all premiums in connection therewith,with any sums so expended to be repaid to the City on demand,or at the sole discretion of the City,offset against funds due the Partners from the City. COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 3 of 6 DRAFT G. City Full Availability of Partners' Insurance Limits. If the Partners maintains higher insurance limits than the minimums shown above, the City shall be insured for the full available limits of commercial general and excess or umbrella liability maintained by the Partners, irrespective of whether such limits maintained by the Partners are greater than those required by this Agreement or whether any certificate of insurance furnished to the City evidences limits of liability lower than those maintained by the Partners. 13. Indemnification and Hold Harmless. Partners shall, at its sole expense, defend, indemnify, and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees, costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors, or omissions in the services provided by Partners,Partners' agents, subcontractors, subconsultants, and employees to the fullest extent permitted by law, subject only to the limitations provided below. Partners' duty to defend,indemnify, and hold City harmless shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees pursuant to RCW 4.24.115. Partners' duty to defend,indemnify,and hold City harmless against liability for damages arising out of such services caused by the concurrent negligence of(a) City or City's agents or employees, and (b) Partners, Partners' agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Partners,Partners' agents, subcontractors, subconsultants, and employees. Partners' duty to defend,indemnify,and hold City harmless shall include,as to all claims,demands,losses, and liability to which it applies, City's personnel-related costs, reasonable attorneys' fees, the reasonable value of any services rendered by the office of the City Attorney,outside consultant costs,court costs, fees for collection, and all other claim-related expenses. Partners specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act,Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable to or for any third party under workers'compensation acts,disability benefit acts,or other employee benefits acts. Provided, that Partners' waiver of immunity under this provision extends only to claims against Partners by City,and does not include,or extend to,any claims by Partners' employees directly against Entity. Partners hereby certifies that this indemnification provision was mutually negotiated. 14.Records.The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Partners'records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts,invoices,materials,payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 15.Waiver.No officer,employee,agent or other individual acting on behalf of either Party has the power,right or authority to waive any of the conditions or provisions of this Agreement. A waiver in one instance shall not be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 4 of 6 DRAFT no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof 16.Assignment and Delegation.Neither Party shall assign,transfer or delegate any nor all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 17. Subcontracts. Except as otherwise provided herein, Partners shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 18.Confidentiality.Partners may,from time-to-time,receive information which is deemed by the City to be confidential. Partners shall not disclose such information without the prior express written consent of the City or upon order of a Court of competent jurisdiction. 19. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between the City and Partners shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Partners agrees that it may, at the City's request, be joined as a party in any arbitration proceeding between the City and any third party that includes a claim or claims that arise out of, or that are related to Partners' services under this Agreement. Partners further agrees that the Arbitrator(s)decision therein shall be final and binding on Partners and that judgment may be entered upon it in any court having jurisdiction thereof. 20. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney's fees and costs of such litigation(including expert witness fees). 21. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed,modified or altered except in writing signed by the Parties hereto. 22.Anti-kickback.No officer or employee of City,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement,or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 23. Severability. If any section,sentence,clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence,clause or phrase of this Agreement. 24.Exhibits.Exhibits attached and incorporated into this Agreement are: Exhibit 1: Scope of Services; and Exhibit 2: Insurance certificates. COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 5 of 6 DRAFT The Parties have executed this Agreement this day of , 2020. CITY OF SPOKANE VALLEY Spokane Valley Partners: Mark Calhoun, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney COVID-19 Pandemic Grant Agreement—Spokane Valley Partners Page 6 of 6 EXHIBIT 1 SCOPE OF SERVICES The Scope of Work under this Agreement includes generally providing emergency assistance to Spokane Valley residents, including but not limited to, food, housing assistance, diaper and related products, clothing, and similar things normally covered through programs offered by Spokane Valley Partners. Additionally, the cost of transportation for delivering such items is a reimbursable cost since social distancing is a critical component of reducing opportunities for contamination. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award - Adams Rd Sidewalk (16th to 22nd) — CIP # 0291 GOVERNING LEGISLATION: SVMC 3.35.10— Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 07/24/2018: Motion authorized to apply for a TIB grant for this project. • 01/29/2019: Council passed Resolution 19-002 amending the 2019 TIP, which included this project • 06/04/2019: Council passed Resolution 19-008 adopting the 2020-2025 Six Year Transportation Improvement Program (TIP), which included this project • 8/13/2019: Council passed Resolution 19-012 amending the 2019 TIP, which included this project. • 1/21/2020: Council passed Resolution 20-002 amending the 2020 TIP, which included this project • 2/25/2020: Administrative Report on status of the project BACKGROUND: In 2018, the City submitted a grant application and was awarded Transportation Improvement Board Urban Sidewalk (TIB) funds for the project. This project will install new sidewalk on the east side of Adams Road between 16th and 22nd Ave. The stormwater division identified needed stormwater improvements that will be done in conjunction with the project. The expected project costs and budget are: Project Costs Project Budget Preliminary Engineering $ 40,869 City Fund 302 $ 61,743 Construction Bid Award $ 334,542 City Fund 403 $ 64,799 Constr. Contingency $ 26,974 TIB Grant $ 313,758 Construction Engineering $ 37,915 Total Budget $ 440,300 Total estimated costs $ 440,300 The Engineer's Estimate for construction was $373,306.50 including applicable sales tax. The project was advertised on February 28, 2020, and bids were opened on March 20, 2020. Three bids were received. Wm. Winkler Co. submitted the lowest total bid of $334,541.65 which is $38,764.85 below the Engineer's Estimate. La Riviere, Inc. and National Native American Construction, Inc. also submitted bids. A copy of the Bid Tabulation is attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Adams Road Sidewalk Project CIP #0291 to Wm. Winkler Co. in the amount of $334,541.65 including applicable sales tax, and authorize the City Manager to finalize and execute the construction contract pending TIB approval. BUDGET/FINANCIAL IMPACTS: The total project budget is $440,300 and there are sufficient funds to cover the costs for this project. STAFF CONTACT: William Helbig, PE, City Engineer ATTACHMENTS: Bid Tabulation BID TABULATION (FVti„i Adams Rd Sidewalk Infill Project CIP No.0304iniss010 1/21 £ Engineers Estimate Wm.Winkler Co. LaRiviere,Inc. National Native American Construction Inc. Item# Units Quantity Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Schedule A-Sidewalk Improvements 100 MINOR CHANGE CALC 1 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 $20,000.00 101 CONSTRUCTION SURVEYING L.S. 1 $6,000.00 $6,000.00 $7,850.00 $7,850.00 $4,803.00 $4,803.00 $5,140.00 $5,140.00 102 SPCC PLAN L.S. 1 $850.00 $850.00 $621.50 $621.50 $1,322.00 $1,322.00 $695.00 $695.00 103 MOBILIZATION L.S. 1 $35,000.00 $35,000.00 $46,373.00 $46,373.00 $11,535.00 $11,535.00 $18,000.00 $18,000.00 104 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $22,000.00 $22,000.00 $10,355.00 $10,355.00 $24,513.00 $24,513.00 $20,460.00 $20,460.00 105 DOCUMENTATION COMPLIANCE EST. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 106 LARGE TREE REMOVAL EACH 1 $3,000.00 $3,000.00 $4,555.00 $4,555.00 $1,694.00 $1,694.00 $3,000.00 $3,000.00 107 CLEARING AND GRUBBING L.S. 1 $9,000.00 $9,000.00 $9,871.00 $9,871.00 $4,574.00 $4,574.00 $8,200.00 $8,200.00 108 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $3,000.00 $3,000.00 $988.50 $988.50 $5,763.00 $5,763.00 $5,828.00 $5,828.00 109 REMOVE CEMENT CONCRETE CURB L.F. 700 $10.00 $7,000.00 $8.25 $5,775.00 $12.00 $8,400.00 $14.41 $10,087.00 110 REMOVE CEMENT CONCRETE SIDEWALK/DRIVEWAY APPROACH S.Y. 175 $45.00 $7,875.00 $21.40 $3,745.00 $19.00 $3,325.00 $17.00 $2,975.00 111 REMOVE ASPHALT PAVEMENT S.Y. 750 $13.00 $9,750.00 $11.60 $8,700.00 $21.00 $15,750.00 $8.60 $6,450.00 112 CRUSHED SURFACING TOP COURSE,2 IN.DEPTH S.Y. 70 $25.00 $1,750.00 $19.30 $1,351.00 $23.00 $1,610.00 $55.50 $3,885.00 113 CRUSHED SURFACING TOP COURSE,6 IN.DEPTH S.Y. 700 $17.00 $11,900.00 $16.70 $11,690.00 $15.00 $10,500.00 $33.45 $23,415.00 114 HMA CL.3/8"PG 64S-28 3 IN.DEPTH PATCH S.Y. 700 $30.00 $21,000.00 $25.00 $17,500.00 $29.00 $20,300.00 $29.13 $20,391.00 115 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 116 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 117 HMA SURFACE SMOOTHNESS COMPLIANCE CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 118 UTILITY CASTING DEPTH COMPLIANCE CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 119 EROSION CONTROL AND WATER POLLUTION PREVENTION L.S. 1 $1,500.00 $1,500.00 $844.50 $844.50 $2,921.00 $2,921.00 $6,450.00 $6,450.00 120 BARK MULCH S.Y. 25 $20.00 $500.00 $24.40 $610.00 $33.00 $825.00 $28.00 $700.00 121 LANDSCAPING ROCK SALVAGE S.Y. 190 $50.00 $9,500.00 $15.80 $3,002.00 $37.00 $7,030.00 $7.50 $1,425.00 122 SOD INSTALLATION S.Y. 300 $20.00 $6,000.00 $5.15 $1,545.00 $18.00 $5,400.00 $33.75 $10,125.00 123 IRRIGATION SYSTEM REVISION EACH 9 $1,000.00 $9,000.00 $499.50 $4,495.50 $1,278.00 $11,502.00 $1,080.00 $9,720.00 124 CEMENT CONC.TRAFFIC CURB L.F. 280 $40.00 $11,200.00 $39.40 $11,032.00 $40.00 $11,200.00 $53.00 $14,840.00 125 CEMENT CONC.TRAFFIC CURB AND GUTTER L.F. 420 $45.00 $18,900.00 $30.00 $12,600.00 $43.00 $18,060.00 $61.00 $25,620.00 126 CEMENT CONC.PEDESTRIAN CURB L.F. 120 $30.00 $3,600.00 $40.50 $4,860.00 $35.00 $4,200.00 $35.70 $4,284.00 127 CEMENT CONC.CURB WALL L.F. 40 $60.00 $2,400.00 $42.70 $1,708.00 $70.00 $2,800.00 $34.65 $1,386.00 128 CEMENT CONC.DRIVEWAY APPROACH S.Y. 175 $90.00 $15,750.00 $86.70 $15,172.50 $95.00 $16,625.00 $130.00 $22,750.00 129 CEMENT CONC.SIDEWALK S.Y. 770 $60.00 $46,200.00 $53.70 $41,349.00 $62.00 $47,740.00 $92.20 $70,994.00 130 CEMENT CONC.CURB RAMP TYPE PARALLEL A EACH 1 $2,600.00 $2,600.00 $2,055.00 $2,055.00 $2,574.00 $2,574.00 $2,525.00 $2,525.00 131 CEMENT CONC.CURB RAMP TYPE SINGLE DIRECTION A EACH 5 $2,400.00 $12,000.00 $2,330.00 $11,650.00 $1,864.00 $9,320.00 $2,005.00 $10,025.00 132 MAILBOX SUPPORT,TYPE 1 EACH 6 $500.00 $3,000.00 $440.00 $2,640.00 $452.00 $2,712.00 $490.00 $2,940.00 133 PERMANENT SIGNING L.S. 1 $1,200.00 $1,200.00 $1,320.00 $1,320.00 $1,356.00 $1,356.00 $1,470.00 $1,470.00 134 PAINTED WIDE LANE LINE L.F. 6 $25.00 $150.00 $5.50 $33.00 $5.50 $33.00 $6.00 $36.00 135 PAINTED STOP LINE L.F. 18.5 $15.00 $277.50 $9.90 $183.15 $10.00 $185.00 $12.00 $222.00 136 PAINTED CROSSWALK LINE S.F. 80 $15.00 $1,200.00 $3.30 $264.00 $34.00 $2,720.00 $4.00 $320.00 Schedule A Total $308,106.50 $269,742.65 $286,296.00 $339,362.00 BID TABULATION (m„* Adams Rd Sidewalk Infill Project CIP No.03044000010 £ Engineers Estimate Wm.Winkler Co. LaRiviere,Inc. National Native American Construction Inc. Item# Units Quantity Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Unit Price I Total Cost Schedule B-Stormwater Improvements 200 MINOR CHANGE CALC 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 201 REMOVE ASPHALT PAVEMENT S.Y. 245 $13.00 $3,185.00 $10.30 $2,523.50 $20.00 $4,900.00 $8.60 $2,107.00 202 REMOVE CEMENT CONCRETE CURB L.F. 20 $10.00 $200.00 $14.40 $288.00 $19.00 $380.00 $16.00 $320.00 203 REMOVE EXISTING DRYWELL EACH 2 $1,500.00 $3,000.00 $2,405.00 $4,810.00 $567.00 $1,134.00 $1,000.00 $2,000.00 204 ABANDON EXISTING DRYWELL EACH 1 $2,300.00 $2,300.00 $2,788.00 $2,788.00 $1,163.00 $1,163.00 $1,470.00 $1,470.00 205 REMOVE STORM DRAIN PIPE L.F. 35 $30.00 $1,050.00 $62.80 $2,198.00 $22.00 $770.00 $11.00 $385.00 206 POTHOLE UTILITY EACH 4 $750.00 $3,000.00 $494.50 $1,978.00 $395.00 $1,580.00 $1,000.00 $4,000.00 207 CRUSHED SURFACING TOP COURSE,6 IN.DEPTH S.Y. 245 $17.00 $4,165.00 $16.90 $4,140.50 $15.00 $3,675.00 $61.00 $14,945.00 208 HMA CL.3/8"PG 64S-28 3 IN.DEPTH PATCH S.Y. 245 $30.00 $7,350.00 $28.80 $7,056.00 $38.00 $9,310.00 $33.60 $8,232.00 209 DUCTILE IRON STORM SEWER PIPE 10 IN.DIA. L.F. 18 $200.00 $3,600.00 $111.00 $1,998.00 $106.00 $1,908.00 $99.00 $1,782.00 210 SOLID WALL PVC STORM SEWER PIPE 10 IN.DIA. L.F. 35 $100.00 $3,500.00 $62.00 $2,170.00 $83.00 $2,905.00 $71.00 $2,485.00 211 PRECAST CONCRETE DRYWELL TYPE A WITH SOLID COVER EACH 2 $5,000.00 $10,000.00 $5,984.00 $11,968.00 $4,456.00 $8,912.00 $5,250.00 $10,500.00 212 CONNECTION TO EXISTING DRYWELL EACH 1 $1,500.00 $1,500.00 $1,227.00 $1,227.00 $607.00 $607.00 $922.00 $922.00 213 PRECAST CONCRETE DRYWELL TYPE B WITH SOLID COVER EACH 1 $7,000.00 $7,000.00 $6,026.00 $6,026.00 $5,337.00 $5,337.00 $5,250.00 $5,250.00 214 CATCH BASIN TYPE 1 EACH 2 $2,000.00 $4,000.00 $1,935.00 $3,870.00 $2,323.00 $4,646.00 $2,500.00 $5,000.00 215 COMBINATION INLET EACH 1 $2,000.00 $2,000.00 $1,994.00 $1,994.00 $2,381.00 $2,381.00 $2,735.00 $2,735.00 216 SPILL CONTROL SEPARATOR EACH 3 $450.00 $1,350.00 $997.50 $2,992.50 $400.00 $1,200.00 $1,215.00 $3,645.00 217 TRENCH EXCAVATION SAFETY SYSTEM L.S. 1 $1,000.00 $1,000.00 $472.50 $472.50 $3,840.00 $3,840.00 $750.00 $750.00 218 ADJUST EXISTING WATER VALVE EACH 1 $1,200.00 $1,200.00 $511.00 $511.00 $684.00 $684.00 $650.00 $650.00 219 CEMENT CONC.TRAFFIC CURB L.F. 20 $40.00 $800.00 $39.40 $788.00 $43.00 $860.00 $123.00 $2,460.00 Schedule B Total $65,200.00 $64,799.00 $61,192.00 $74,638.00 Project Totals $373,306.50 1111 $334,541.65 $347,488.00 $414,000.00 Competitive bids were opened on March 20,2020. I CHECKLIST hereby certify to the best of my ability that this is a true Bid Proposal Checklist x x x and correct bid tabulation for the Adams Rd Sidewalk Infill Bid Proposal Form x x x Project,CIP#0291. Addendas Acknowledged x x x Cert-Wage Pymt.Compliance x x x / ir Contractor Info x x x Bid Qualifications x x x Glenn Ritter,PE Bid Bond x x x Senior Engineer/Project Manager Reps&Certs x x x Note: Highlighted cells have been corrected for math errors. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award — Ella Road and Conklin Road Sidewalk Projects - CIP#0302 & 0303 GOVERNING LEGISLATION: SVMC 3.35.10 —Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 10/23/2018: Council held a Public Hearing for the 2019 Community Development Block Grant Program, which included these projects • 01/29/2019: Council passed Resolution 19-002 adopting the 2019 Transportation Improvement Program (TIP), which included these projects • 06/04/2019: Council passed Resolution 19-008 adopting the 2020-2025 Six Year Transportation Improvement Program (TIP), which included these projects • 08/13/2019: Council passed Res4lution 19-012 amending the 2019 TIP, which included these projects • 01/21/2020: Council passed Resolution 20-002 amending the 2020 TIP, which included these projects • 2/25/2020: Administrative Report on status of the projects BACKGROUND: In 2018, the City submitted a grant application and was awarded Community Development Block Grant (CDBG) funds for these projects. While funding will remain separate, these two sidewalk projects have been combined into one construction contract due to their relatively small sizes. The Ella Road project will install new sidewalk, curb, and widen the pavement on the west side of Ella Road between Broadway Avenue and Alki Road. The existing crosswalk and flashing beacon at Broadway will be moved from the east side of Ella to the west side. The Conklin Road project will fill the gap between the Appleway Trail and Riceland Lane with new sidewalk and curb and gutter. The existing ADA ramp on the south side of Riceland Lane will be removed and reconstructed to meet current code. The stormwater division identified needed stormwater improvements that will be done in conjunction with the projects and which will be paid from City Funds 402/403 as shown below The expected project costs are: Ella Conklin Preliminary Engineering $ 41,632 $ 30,000 Construction Contract $ 322,625 $ 29,383 City Purchased Equipment $ 15,000 $ 0 Contingency $ 12,755 $ 5,012 Construction Engineering $ 39,475 $ 15,125 Total estimated costs $ 431,487 $ 179,520 The expected project budgets are: City Fund 302 $ 5,831 $ 74,766 City Fund 402 $ 49,459 $ 29,143 City Fund 403 $ 18,064 $ 0 CDBG Grant $ 358,133 $ 75,611 Total estimated costs $ 431,487 $ 179,520 The combined Engineer's Estimate for construction was $441,781 including applicable sales tax. The projects were advertised on February 28, 2020, and bids were opened on March 20, 2020. Two bids were received. National Native American Construction, Inc. submitted the lowest total bid of $452,008 which is $10,227 above the Engineer's Estimate. Wm. Winkler Co. also submitted a bid. A copy of the Bid Tabulation is attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Ella and Conklin Road Sidewalk Projects CIP #0302 and 0303 to National Native American Construction, Inc. in the combined total amount of $452,008.00 and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The total combined project budget is $611,007 and there are sufficient funds to cover the costs for these projects. STAFF CONTACT: William Helbig, PE, City Engineer ATTACHMENTS: Bid Tabulation BID TABULATION {tiii •061°111\bft, kane Ella Road & S. Conklin Road Sidewalk Projects .40000 Val l Project CIP#0302 &#0303 National Native American Construction Engineers Estimate Inc. Wm. Winkler Co. Item# Units Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Schedule A - Sidewalk Work (Ella Rd) 100 MOBILIZATION L.S. 1 $30,000.00 $30,000.00 $15,000.00 $15,000.00 $48,043.60 $48,043.60 101 CONSTRUCTION SURVEYING L.S. 1 $7,000.00 $7,000.00 $2,520.00 $2,520.00 $11,500.08 $11,500.08 102 SPCC PLAN L.S. 1 $500.00 $500.00 $1,061.00 $1,061.00 $524.86 $524.86 103 MINOR CHANGE CALC 1 $20,000.00 $20,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 104 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $10,000.00 $10,000.00 $19,865.00 $19,865.00 $19,984.54 $19,984.54 105 PORTABLE CHANGEABLE MESSAGE SIGN HR. 960 $5.00 $4,800.00 $4.00 $3,840.00 $5.62 $5,395.20 106 DOCUMENTATION COMPLIANCE EST. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 107 EROSION CONTROL L.S. 1 $2,500.00 $2,500.00 $6,362.00 $6,362.00 $1,046.86 $1,046.86 108 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $5,000.00 $5,000.00 $6,016.00 $6,016.00 $2,636.71 $2,636.71 109 CLEARING AND GRUBBING L.S. 1 $5,000.00 $5,000.00 $8,429.00 $8,429.00 $12,746.14 $12,746.14 110 REMOVE PAINT LINE L.F. 185 $0.00 $0.00 $7.00 $1,295.00 $7.30 $1,350.50 111 REMOVE ASPHALT PAVEMENT S.Y. 360 $15.00 $5,400.00 $9.50 $3,420.00 $11.95 $4,302.00 112 REMOVE CEMENT CONCRETE CURB L.F. 140 $20.00 $2,800.00 $15.00 $2,100.00 $9.14 $1,279.60 113 REMOVE CEMENT CONCRETE SIDEWALK/ DRIVEWAY APPROACH S.Y. 145 $30.00 $4,350.00 $18.00 $2,610.00 $22.46 $3,256.70 114 REMOVE FENCE L.F. 165 $20.00 $3,300.00 $4.00 $660.00 $3.15 $519.75 115 ROADWAY EXCAVATION INCL. HAUL C.Y. 180 $45.00 $8,100.00 $67.50 $12,150.00 $44.55 $8,019.00 116 CRUSHED SURFACING TOP COURSE, 2 IN. DEPTH S.Y. 260 $25.00 $6,500.00 $26.00 $6,760.00 $24.02 $6,245.20 117 CRUSHED SURFACING TOP COURSE, 3 IN. DEPTH S.Y. 10 $30.00 $300.00 $63.00 $630.00 $65.37 $653.70 118 CRUSHED SURFACING TOP COURSE, 6 IN. DEPTH S.Y. 540 $18.00 $9,720.00 $21.00 $11,340.00 $16.66 $8,996.40 119 HMA CL. 3/8" PG 64H-28 3 IN. DEPTH S.Y. 540 $22.00 $11,880.00 $28.00 $15,120.00 $23.52 $12,700.80 120 HMA CL. 3/8" PG 64H-28 MISCELLANEOUS AREAS S.Y. 20 $150.00 $3,000.00 $206.00 $4,120.00 $170.10 $3,402.00 121 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 122 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 123 ADJUST EXISTING WATER VALVE EACH 1 $550.00 $550.00 $466.00 $466.00 $647.59 $647.59 124 UTILITY CASTING DEPTH COMPLIANCE CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 125 CEMENT CONC.TRAFFIC CURB L.F. 640 $26.00 $16,640.00 $52.00 $33,280.00 $24.97 $15,980.80 126 CEMENT CONC. SIDEWALK S.Y. 240 $60.00 $14,400.00 $68.00 $16,320.00 $54.88 $13,171.20 127 CEMENT CONC. DRIVEWAY APPROACH S.Y. 210 $75.00 $15,750.00 $86.00 $18,060.00 $85.32 $17,917.20 128 CEMENT CONC. CURB RAMP TYPE SINGLE DIRECTION A EACH 2 $2,000.00 $4,000.00 $2,436.00 $4,872.00 $2,370.16 $4,740.32 129 CEMENT CONC. CURB RAMP TYPE PARALLEL A EACH 2 $2,000.00 $4,000.00 $2,436.00 $4,872.00 $1,730.16 $3,460.32 130 CEMENT CONC. CURB RAMP TYPE PARALLEL B EACH 1 $2,000.00 $2,000.00 $2,625.00 $2,625.00 $1,730.16 $1,730.16 131 CEMENT CONC. PEDESTRIAN CURB L.F. 130 $25.00 $3,250.00 $44.00 $5,720.00 $33.44 $4,347.20 132 PLASTIC CROSSWALK LINE S.F. 96 $15.00 $1,440.00 $15.00 $1,440.00 $8.31 $797.76 133 PERMANENT SIGNING L.S. 1 $1,200.00 $1,200.00 $636.00 $636.00 $525.00 $525.00 134 SOD INSTALLATION S.Y. 30 $20.00 $600.00 $15.00 $450.00 $12.60 $378.00 135 TOPSOIL TYPE C, 2 IN. DEPTH S.Y. 30 $15.00 $450.00 $13.00 $390.00 $10.50 $315.00 136 LANDSCAPING ROCK SALVAGE S.Y. 25 $15.00 $375.00 $23.00 $575.00 $18.90 $472.50 137 IRRIGATION SYSTEM REVISION EST. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 138 SEGMENTAL CONCRETE RETAINING WALL S.F. 170 $70.00 $11,900.00 $54.00 $9,180.00 $53.55 $9,103.50 139 MAILBOX SUPPORT,TYPE 1 EACH 1 $500.00 $500.00 $540.00 $540.00 $367.50 $367.50 140 MAILBOX SUPPORT,TYPE 2 EACH 1 $600.00 $600.00 $826.00 $826.00 $735.00 $735.00 141 GROUP MAILBOX PAD AND BOLTS EACH 1 $2,000.00 $2,000.00 $1,416.00 $1,416.00 $855.16 $855.16 142 CHAIN LINK FENCE TYPE 1 L.F. 100 $60.00 $6,000.00 $43.00 $4,300.00 $35.40 $3,540.00 143 CHAIN LINK FENCE TYPE 6 L.F. 50 $50.00 $2,500.00 $24.00 $1,200.00 $19.42 $971.00 144 CHAIN LINK GATE 16 FT. EACH 1 $2,000.00 $2,000.00 $1,525.00 $1,525.00 $1,260.00 $1,260.00 145 TEMPORARY FENCE L.F. 150 $10.00 $1,500.00 $3.00 $450.00 $2.63 $394.50 146 FLASHING BEACON FOUNDATION EACH 2 $1,500.00 $3,000.00 $1,329.00 $2,658.00 $2,727.13 $5,454.26 Schedule A Total $244,808.00 $255,102.00 $259,770.61 Schedule B - Stormwater Improvements (Ella Rd) 200 MOBILIZATION L.S. 1 $7,000.00 $7,000.00 $5,747.00 $5,747.00 $14,622.05 $14,622.05 201 CONSTRUCTION SURVEYING L.S. 1 $1,500.00 $1,500.00 $2,520.00 $2,520.00 $5,850.05 $5,850.05 202 TRENCH EXCAVATION SAFETY SYSTEM L.S. 1 $500.00 $500.00 $720.00 $720.00 $472.50 $472.50 203 MINOR CHANGE CALC 1 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 204 REMOVE ASPHALT PAVEMENT S.Y. 200 $15.00 $3,000.00 $6.00 $1,200.00 $12.73 $2,546.00 205 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $2,000.00 $2,000.00 $1,416.00 $1,416.00 $2,542.16 $2,542.16 206 CRUSHED SURFACING TOP COURSE, 2 IN. DEPTH S.Y. 120 $25.00 $3,000.00 $26.00 $3,120.00 $25.91 $3,109.20 207 CRUSHED SURFACING TOP COURSE, 6 IN. DEPTH S.Y. 120 $18.00 $2,160.00 $21.00 $2,520.00 $19.85 $2,382.00 208 HMA CL. 1/2" PG 64H-28 3 IN. DEPTH S.Y. 120 $22.00 $2,640.00 $39.00 $4,680.00 $32.55 $3,906.00 209 ASPHALT CURB,TYPE C L.F. 585 $45.00 $26,325.00 $10.00 $5,850.00 $8.01 $4,685.85 210 CONCRETE INLET TYPE 2 EACH 3 $2,500.00 $7,500.00 $2,225.00 $6,675.00 $1,824.98 $5,474.94 211 PRECAST CONCRETE DRYWELL TYPE B WITH SOLID COVER EACH 1 $3,500.00 $3,500.00 $5,301.00 $5,301.00 $6,262.95 $6,262.95 212 SOLID WALL PVC STORM SEWER PIPE 10 IN. DIA. L.F. 105 $75.00 $7,875.00 $54.00 $5,670.00 $73.21 $7,687.05 213 SOD INSTALLATION S.Y. 55 $20.00 $1,100.00 $15.00 $825.00 $12.60 $693.00 214 TOPSOIL TYPE C, 2 IN. DEPTH S.Y. 55 $13.00 $715.00 $13.00 $715.00 $10.50 $577.50 403 CONTINUOUS DEFLECTIVE SEPARATION UNIT EACH 1 $15,000.00 $15,000.00 $18,064.00 $18,064.00 $14,241.35 $14,241.35 Schedule B Total $88,815.00 $67,523.00 $77,552.60 Schedule C - Sidewalk Work (Conklin Rd) 500 MOBILIZATION L.S. 1 $10,000.00 $10,000.00 $7,050.00 $7,050.00 $15,748.12 $15,748.12 501 CONSTRUCTION SURVEYING L.S. 1 $2,500.00 $2,500.00 $2,520.00 $2,520.00 $4,875.04 $4,875.04 502 SPCC PLAN L.S. 1 $500.00 $500.00 $721.00 $721.00 $1,104.70 $1,104.70 503 MINOR CHANGE CALC 1 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 $10,000.00 504 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $20,000.00 $20,000.00 $4,250.00 $4,250.00 $40,348.16 $40,348.16 505 PORTABLE CHANGEABLE MESSAGE SIGN HR. 168 $3.00 $504.00 $4.00 $672.00 $5.62 $944.16 506 DOCUMENTATION COMPLIANCE EST. 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 507 EROSION CONTROL L.S. 1 $1,500.00 $1,500.00 $4,118.00 $4,118.00 $140.79 $140.79 508 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $2,500.00 $2,500.00 $6,016.00 $6,016.00 $2,142.33 $2,142.33 509 CLEARING AND GRUBBING L.S. 1 $2,500.00 $2,500.00 $5,902.00 $5,902.00 $1,918.11 $1,918.11 510 REMOVE ASPHALT PAVEMENT S.Y. 90 $12.50 $1,125.00 $10.00 $900.00 $11.00 $990.00 511 REMOVE CEMENT CONCRETE CURB L.F. 145 $10.00 $1,450.00 $15.00 $2,175.00 $10.37 $1,503.65 512 REMOVE CEMENT CONCRETE SIDEWALK/ DRIVEWAY APPROACH S.Y. 30 $50.00 $1,500.00 $42.00 $1,260.00 $22.54 $676.20 513 REMOVE FENCE L.F. 70 $20.00 $1,400.00 $6.00 $420.00 $5.25 $367.50 514 ROADWAY EXCAVATION INCL. HAUL C.Y. 45 $50.00 $2,250.00 $119.00 $5,355.00 $55.69 $2,506.05 515 CRUSHED SURFACING TOP COURSE, 3 IN. DEPTH S.Y. 20 $15.00 $300.00 $63.00 $1,260.00 $65.37 $1,307.40 516 CRUSHED SURFACING TOP COURSE, 6 IN. DEPTH S.Y. 95 $20.00 $1,900.00 $42.00 $3,990.00 $16.66 $1,582.70 517 HMA CL. 3/8" PG 64H-28 3 IN. DEPTH S.Y. 95 $40.00 $3,800.00 $51.00 $4,845.00 $42.00 $3,990.00 518 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 519 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 520 CEMENT CONC.TRAFFIC CURB L.F. 55 $50.00 $2,750.00 $64.00 $3,520.00 $28.96 $1,592.80 521 CEMENT CONC.TRAFFIC CURB AND GUTTER L.F. 95 $50.00 $4,750.00 $70.00 $6,650.00 $37.03 $3,517.85 522 CEMENT CONC. SIDEWALK S.Y. 50 $60.00 $3,000.00 $91.00 $4,550.00 $58.54 $2,927.00 523 CEMENT CONC. DRIVEWAY APPROACH S.Y. 40 $90.00 $3,600.00 $142.00 $5,680.00 $68.51 $2,740.40 524 CEMENT CONC. CURB RAMP TYPE SINGLE DIRECTION A EACH 2 $2,000.00 $4,000.00 $2,436.00 $4,872.00 $1,855.16 $3,710.32 525 CEMENT CONC. PEDESTRIAN CURB L.F. 45 $40.00 $1,800.00 $64.00 $2,880.00 $26.84 $1,207.80 526 PERMANENT SIGNING L.S. 1 $1,000.00 $1,000.00 $445.00 $445.00 $367.50 $367.50 527 LANDSCAPING ROCK SALVAGE S.Y. 20 $60.00 $1,200.00 $23.00 $460.00 $18.90 $378.00 528 CHAIN LINK FENCE L.F. 55 $55.00 $3,025.00 $43.00 $2,365.00 $35.40 $1,947.00 529 CHAIN LINK GATE 14 FT. EACH 1 $2,000.00 $2,000.00 $1,907.00 $1,907.00 $1,575.00 $1,575.00 530 TEMPORARY FENCE L.F. 65 $25.00 $1,625.00 $7.00 $455.00 $5.77 $375.05 Schedule C Total $94,981.00 $100,240.00 $115,485.63 Schedule D - Stormwater Improvements (Conklin Rd) 600 MOBILIZATION L.S. 1 $1,500.00 $1,500.00 $4,224.00 $4,224.00 $13,230.29 $13,230.29 601 CONSTRUCTION SURVEYING L.S. 1 $1,000.00 $1,000.00 $2,520.00 $2,520.00 $780.01 $780.01 602 MINOR CHANGE CALC 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 603 REMOVE ASPHALT PAVEMENT S.Y. 60 $12.50 $750.00 $11.00 $660.00 $10.80 $648.00 604 ROADWAY EXCAVATION INCL. HAUL C.Y. 15 $65.00 $975.00 $370.00 $5,550.00 $167.07 $2,506.05 605 CRUSHED SURFACING TOP COURSE, 6 IN. DEPTH S.Y. 40 $20.00 $800.00 $91.00 $3,640.00 $27.83 $1,113.20 606 HMA CL. 3/8" PG 64H-28 3 IN. DEPTH S.Y. 40 $45.00 $1,800.00 $76.00 $3,040.00 $63.00 $2,520.00 607 COMPACTION PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 608 JOB MIX COMPLIANCE PRICE ADJUSTMENT CALC 1 $1.00 $1.00 $1.00 $1.00 $1.00 $1.00 609 CEMENT CONC. GUTTER L.F. 77 $50.00 $3,850.00 $91.00 $7,007.00 $44.53 $3,428.81 Schedule D Total $13,177.00 $29,143.00 $26,728.36 PROJECT TOTAL $441,781.00 $452,008.00 $479,537.20 Competitive bids were opened on March 20, 2020. I hereby CHECKLIST certify to the best of my ability that this is a true and correct Bid Proposal Checklist x x bid tabulation for the Ella Road & S. Conklin Road Sidewalk Bid Proposal Form x x Projects, CIP #0302 & #0303. Addendas Acknowledged x x Bid Qualifications x x Contractor Info x x Bid Bond x x Glenn Ritter, PE Reps & Certs x x Senior Engineer/Project Manager Non-Collusion Declaration x x Local Agency Certification x x Note: Highlighted cells have been corrected for math errors. Cert-Wage Pymt. Compliance x x CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award - North Sullivan Intelligent Transportation System (ITS) - CIP#0259 GOVERNING LEGISLATION: SVMC 3.35.10— Contract Authority PREVIOUS COUNCIL ACTION TAKEN: • 3/12/2013: Council passed a motion for authority to apply for CMAQ grant to SRTC • 01/29/2019: Council passed Resolution 19-002 amending the 2019 TIP, which included this project • 06/04/2019: Council passed Resolution 19-008 adopting the 2020-2025 Six Year Transportation Improvement Program (TIP), which included this project • 8/13/2019: Council passed Resolution 19-012 amending the 2019 TIP, which included this project. • 1/21/2020: Council passed Resolution 20-002 amending the 2020 TIP, which included this project • 2/25/2020: Administrative Report on status of the project BACKGROUND: In 2013, the City was awarded a federal Congestion Management & Air Quality (CMAQ) grant for this project. Sullivan Road between 1-90 and SR-290 (Trent Ave) is one of the busiest freight routes in the City. To reduce congestion and vehicle emissions, while improving operations, this project will install conduit and ITS fiber optic lines on Sullivan Rd from 1-90 to Trent Ave (SR 290). The project will connect several traffic signal controllers along the Sullivan Corridor to the Spokane Regional Traffic Management Center (SRTMC). The estimated project costs and budget are: Project Costs Project Budget Preliminary Engineering $ 146,486 City Fund 301 $ 314,419 Right of Way $ 49,000 CMAQ Fed Grant $ 790,790 Construction Bid Award $ 730,650 Total Budget $1,104,209 Constr. Contingency $ 56,773 City purchased equipment $ 27,000 Construction Engineering $ 94,300 Total estimated costs $1,104,209 The Engineer's Estimate for construction was $818,209.33, including applicable sales tax. The project was advertised on February 14, 2020, and bids were opened on March 6, 2020. Three bids were received. Power City Electric submitted the lowest total bid of $730,649.58, including $668.08 in sales tax. A copy of the Bid Tabulation is attached. OPTIONS: 1) Move to award the contract to the lowest responsive and responsible bidder, or 2) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the N. Sullivan ITS Project CIP #0259 to Power City Electric in the amount of $729,981.50 plus applicable sales tax, and authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: There are sufficient funds to cover the costs of this project. STAFF CONTACT: William Helbig, PE, City Engineer ATTACHMENTS: Bid Tabulation BID TABULATION �� *.- , North Sullivan ITS 40000Via 1 lel. Project CIP No.0259 Engineers Estimate Power City Electric Colvico, Inc. Midland Electric, Inc. Item# Units Quantity Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Unit Price Total Cost Schedule A - Including Tax 101 MOBILIZATION L.S. 1 $65,000.00 $65,000.00 $26,000.00 $26,000.00 $64,250.00 $64,250.00 $66,300.00 $66,300.00 102 MINOR CHANGE CALC 1 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 $22,500.00 103 CONSTRUCTION SURVEYING L.S. 1 $5,000.00 $5,000.00 $9,000.00 $9,000.00 $10,000.00 $10,000.00 $13,000.00 $13,000.00 104 ADA FEATURES SURVEYING L.S. 1 $1,000.00 $1,000.00 $2,500.00 $2,500.00 $1,650.00 $1,650.00 $7,800.00 $7,800.00 105 RECORD DRAWINGS L.S. 1 $5,000.00 $5,000.00 $1,500.00 $1,500.00 $1,760.00 $1,760.00 $1,300.00 $1,300.00 106 SPCC PLAN L.S. 1 $1,000.00 $1,000.00 $750.00 $750.00 $1,200.00 $1,200.00 $2,500.00 $2,500.00 107 PROJECT TEMPORARY TRAFFIC CONTROL L.S. 1 $70,000.00 $70,000.00 $56,000.00 $56,000.00 $54,000.00 $54,000.00 $130,000.00 $130,000.00 108 CLEARING AND GRUBBING S.Y. 1070 $5.00 $5,350.00 $12.00 $12,840.00 $11.35 $12,144.50 $60.75 $65,002.50 109 REMOVE CEMENT CONCRETE CURB L.F. 50 $20.00 $1,000.00 $34.00 $1,700.00 $33.00 $1,650.00 $11.05 $552.50 110 REMOVE CEMENT CONCRETE SIDEWALK/DRIVEWAY APPROACH S.Y. 170 $30.00 $5,100.00 $60.00 $10,200.00 $33.00 $5,610.00 $68.37 $11,622.90 111 SAWCUT ASPHALT PAVEMENT LF-IN 3500 $1.25 $4,375.00 $1.30 $4,550.00 $1.20 $4,200.00 $3.90 $13,650.00 112 REMOVE JUNCTION BOX EACH 10 $300.00 $3,000.00 $175.00 $1,750.00 $170.00 $1,700.00 $273.00 $2,730.00 113 REMOVAL OF STRUCTURES AND OBSTRUCTIONS L.S. 1 $2,500.00 $2,500.00 $5,000.00 $5,000.00 $9,300.00 $9,300.00 $13,000.00 $13,000.00 114 PAVEMENT REPAIR EXCAVATION INCL. HAUL C.Y. 20 $400.00 $8,000.00 $75.00 $1,500.00 $330.00 $6,600.00 $16.52 $330.40 115 CRUSHED SURFACING TOP COURSE,4 IN. DEPTH S.Y. 230 $15.00 $3,450.00 $25.00 $5,750.00 $49.50 $11,385.00 $6.78 $1,559.40 116 CRUSHED SURFACING TOP COURSE,6 IN. DEPTH S.Y. 70 $20.00 $1,400.00 $31.00 $2,170.00 $63.80 $4,466.00 $27.86 $1,950.20 117 CRUSHED SURFACING TOP COURSE,8 IN. DEPTH S.Y. 40 $25.00 $1,000.00 $46.00 $1,840.00 $66.00 $2,640.00 $39.00 $1,560.00 118 HMA CL. 3/8" PG 64H-28 2 IN. DEPTH PATCH S.Y. 110 $25.00 $2,750.00 $26.50 $2,915.00 $26.40 $2,904.00 $105.95 $11,654.50 119 HMA CL. 3/8" PG 64H-28 4 IN. DEPTH PATCH S.Y. 70 $30.00 $2,100.00 $33.00 $2,310.00 $33.00 $2,310.00 $121.23 $8,486.10 120 HMA CL. 3/8" PG 64H-28 6 IN. DEPTH PATCH S.Y 40 $35.00 $1,400.00 $50.00 $2,000.00 $50.00 $2,000.00 $132.80 $5,312.00 121 CURB INLET TYPE 1 EACH 1 $300.00 $300.00 $340.00 $340.00 $330.00 $330.00 $3,250.00 $3,250.00 122 EROSION CONTROL L.S. 1 $5,000.00 $5,000.00 $25,000.00 $25,000.00 $37,530.00 $37,530.00 $2,080.00 $2,080.00 123 SEEDING, FERTILIZING,AND MULCHING S.Y. 660 $10.00 $6,600.00 $1.80 $1,188.00 $12.10 $7,986.00 $25.00 $16,500.00 124 LANDSCAPING ROCK SALVAGE S.Y. 350 $20.00 $7,000.00 $25.00 $8,750.00 $17.40 $6,090.00 $7.29 $2,551.50 125 TOPSOIL TYPE C,2 IN. DEPTH S.Y. 1020 $15.00 $15,300.00 $25.00 $25,500.00 $10.80 $11,016.00 $10.40 $10,608.00 126 SOD INSTALLATION S.Y. 380 $15.00 $5,700.00 $20.00 $7,600.00 $22.00 $8,360.00 $26.00 $9,880.00 127 IRRIGATION SYSTEM REVISION EST. 1 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 $5,000.00 128 CEMENT CONC.TRAFFIC CURB L.F. 50 $60.00 $3,000.00 $53.00 $2,650.00 $77.00 $3,850.00 $47.84 $2,392.00 129 CEMENT CONC. PEDESTRIAN CURB L.F. 40 $50.00 $2,000.00 $23.00 $920.00 $77.00 $3,080.00 $64.10 $2,564.00 130 REMOVE AND RE-INSTALL CHAIN LINK FENCE L.F. 360 $30.00 $10,800.00 $27.00 $9,720.00 $30.80 $11,088.00 $18.08 $6,508.80 131 CEMENT CONC. SIDEWALK S.Y. 120 $100.00 $12,000.00 $73.00 $8,760.00 $66.00 $7,920.00 $105.30 $12,636.00 132 CEMENT CONC. DRIVEWAY APPROACH S.Y. 50 $125.00 $6,250.00 $90.00 $4,500.00 $93.50 $4,675.00 $84.50 $4,225.00 133 CEMENT CONC. CURB RAMP TYPE PARALLEL A EACH 3 $3,500.00 $10,500.00 $2,200.00 $6,600.00 $2,156.00 $6,468.00 $3,950.83 $11,852.49 134 CEMENT CONC. CURB RAMP TYPE PARALLEL B EACH 1 $3,500.00 $3,500.00 $2,200.00 $2,200.00 $2,200.00 $2,200.00 $3,950.00 $3,950.00 135 HUB ETHERNET SWITCH EACH 1 $5,000.00 $5,000.00 $7,200.00 $7,200.00 $6,676.00 $6,676.00 $7,584.38 $7,584.38 136 ETHERNET SWITCH EACH 6 $3,500.00 $21,000.00 $2,940.00 $17,640.00 $2,300.00 $13,800.00 $2,338.23 $14,029.38 137 SFP MODULE EACH 14 $500.00 $7,000.00 $1,740.00 $24,360.00 $966.00 $13,524.00 $1,207.60 $16,906.40 138 FIBER OPTIC PATCH PANEL(12 PORT) EACH 1 $750.00 $750.00 $500.00 $500.00 $825.00 $825.00 $575.19 $575.19 139 FIBER OPTIC PATCH PANEL(24 PORT) EACH 5 $1,000.00 $5,000.00 $591.00 $2,955.00 $670.00 $3,350.00 $696.92 $3,484.60 140 FIBER OPTIC PATCH PANEL(144 PORT) EACH 1 $2,000.00 $2,000.00 $1,930.00 $1,930.00 $2,555.00 $2,555.00 $2,275.00 $2,275.00 141 FIBER OPTIC SPLICE CLOSURE EACH 7 $4,000.00 $28,000.00 $2,300.00 $16,100.00 $2,310.00 $16,170.00 $2,710.16 $18,971.12 142 FIBER OPTIC CABLE (72 SMFO) L.F. 11500 $7.00 $80,500.00 $2.30 $26,450.00 $3.35 $38,525.00 $0.90 $10,350.00 143 STUB CABLE (24 SMFO) L.F. 730 $8.00 $5,840.00 $6.00 $4,380.00 $8.00 $5,840.00 $6.79 $4,956.70 144 STUB CABLE (72 SMFO) L.F. 220 $4.00 $880.00 $16.00 $3,520.00 $34.10 $7,502.00 $16.48 $3,625.60 145 CAT6 ETHERNET CABLE L.F. 620 $4.00 $2,480.00 $2.25 $1,395.00 $1.40 $868.00 $6.50 $4,030.00 146 WIRELESS ANTENNA EACH 1 $4,000.00 $4,000.00 $2,950.00 $2,950.00 $3,475.00 $3,475.00 $5,098.60 $5,098.60 147 3 -#6 AWG POWER CABLE L.F. 60 $12.00 $720.00 $2.45 $147.00 $2.30 $138.00 $21.67 $1,300.20 148 CONDUIT PIPE 2 IN. DIA. L.F. 6800 $15.00 $102,000.00 $17.15 $116,620.00 $22.00 $149,600.00 $24.44 $166,192.00 149 CONDUIT, RMC 3 IN, BRIDGE 4510 L.F. 130 $330.00 $42,900.00 $165.00 $21,450.00 $120.00 $15,600.00 $123.85 $16,100.50 150 CONDUIT, RMC 3 IN, BRIDGE 4502 L.F. 180 $270.00 $48,600.00 $165.00 $29,700.00 $111.00 $19,980.00 $102.16 $18,388.80 151 PULL BOX(STANDARD DUTY LID) EACH 16 $5,000.00 $80,000.00 $4,100.00 $65,600.00 $4,505.00 $72,080.00 $588.82 $9,421.12 152 JUNCTION BOX,TYPE 6 EACH 1 $4,500.00 $4,500.00 $5,780.00 $5,780.00 $5,800.00 $5,800.00 $3,250.00 $3,250.00 153 JUNCTION BOX,TYPE 8 EACH 6 $3,500.00 $21,000.00 $2,160.00 $12,960.00 $2,220.00 $13,320.00 $2,600.00 $15,600.00 154 CCTV CAMERA EACH 3 $6,000.00 $18,000.00 $23,345.00 $70,035.00 $8,525.00 $25,575.00 $8,663.46 $25,990.38 155 334 ITS CABINET EACH 1 $15,000.00 $15,000.00 $7,530.00 $7,530.00 $8,800.00 $8,800.00 $8,834.54 $8,834.54 156 FOUNDATION,334 CABINET EACH 1 $4,000.00 $4,000.00 $1,770.00 $1,770.00 $4,050.00 $4,050.00 $1,950.00 $1,950.00 Total Schedule A $803,045.00 $722,475.00 $765,915.50 $833,722.80 Schedule B -Tax added 201 MINOR CHANGE CALC 1 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 $2,500.00 202 SEEDING, FERTILIZING,AND MULCHING S.Y. 7 $10.00 $70.00 $2.00 $14.00 $137.50 $962.50 $55.71 $389.97 203 TOPSOIL TYPE C,2 IN. DEPTH S.Y. 7 $15.00 $105.00 $40.00 $280.00 $11.00 $77.00 $33.52 $234.64 204 FIBER OPTIC PATCH PANEL(12 PORT) EACH 1 $1,000.00 $1,000.00 $500.00 $500.00 $790.00 $790.00 $538.54 $538.54 205 FIBER OPTIC SPLICE CLOSURE EACH 1 $4,000.00 $4,000.00 $1,350.00 $1,350.00 $1,350.00 $1,350.00 $1,586.00 $1,586.00 206 FIBER OPTIC CABLE (72 SMFO) L.F. 760 $7.00 $5,320.00 $2.30 $1,748.00 $5.60 $4,256.00 $0.90 $684.00 207 STUB CABLE (12 SMFO) L.F. 60 $8.00 $480.00 $10.00 $600.00 $11.10 $666.00 $11.53 $691.80 208 CONDUIT PIPE 2 IN. DIA. L.F. 30 $15.00 $450.00 $17.15 $514.50 $22.55 $676.50 $216.67 $6,500.10 SubTotal Schedule B $13,925.00 $7,506.50 $11,278.00 $13,125.05 TAX I 8.90% $1,239.33 $668.08 $1,003.74 $1,168.13 Total Schedule B $15,164.33 $8,174.58 $12,281.74 $14,293.18 PROJECT TOTAL $818,209.33 $730,649.58 $778,197.24 $848,015.98 CHECKLIST Bid Proposal Checklist x x x Competitive bids were opened on March 6,2020 and Supplemental Information was opened on March 10,2020. I hereby certify to the best Bid Proposal Form x x x of my ability that this is a true and correct bid tabulation for the N. Addendas Acknowledged x x x Sullivan ITS Project,ClP#0259. Contractor Info x x X Bid Qualifications x x x -� Bid Bond x x Glenn Ritter, PE Reps & Certs x x x Senior Engineer/Project Manager Cert-Wage Pymt. Compliance x x x Non-Collusion Declaration x x X Note: Highlighted cells have been corrected for math errors. Local Agency Certification x x X UDBE Written Confirmation x x UDBE Utilization Certification x x UDBE Bid Item Break Down x x CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Barker Road/BSNF Grade Separation Project (Barker Road GSP) Avista Utilities Agreement GOVERNING LEGISLATION: RCW 35.77.010, Perpetual Advanced Six-Year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: • May 7, 2013 —Administrative Report, Bridging the Valley; • June 23, 2015 — Passed Resolution No. 17-011 adopting the 2016-2021 Six Year Transportation Improvement Program (TIP), which included both the Barker Road and the Pines Road Grade Separation Projects (GSP); • April 5, 2016 —Admin Report for use of federal earmark funds; • November 8, 2016 — Information Report on the status of the Barker GSP; • November 15, 2016 —Administrative Report on the Barker GSP status; • November 22, 2016 — Informational RCA; • December 6, 2016 —Administrative Report; • December 20, 2016—Administrative Report; • January 10, 2017— Motion failed to contract with DEA for project design services; • February 21, 2017 —Administrative Report; • February 28, 2017 — Passed Resolution 17-006, amending the 2017 TIP; • May 23, 2017 — Passed Resolution No. 17-011 adopting the 2018-2023 Six-Year TIP, which included the Grade Separation Project; • August 22, 2017— Passed motion to enter into contract with DEA for the project's Phase 1 (Initial Contract); • October 24, 2017—Administrative Report to discuss alternatives; • January 30, 2018 —Administrative Report to discuss alternatives with Council consensus to move the project forward with Alternative 5; • March 2, 2018—Administrative Report to discuss alternatives; • March 13, 2018—Administrative Report to discuss history and alternatives; • March 16, 2018 —Administrative Report for Council and Chamber of Commerce; • March 27, 2018 — Passed motion to select preferred alternative for advancing project; • April 10, 2018 — Passed motion to execute supplemental agreement with DEA for the project's Phase 2 design (DEA Contract Supplement #3); • December 4, 2018 —Administrative Report to discuss project status; • September 10, 2019 —Adoption of Ordinance 19-012 authorizing use of condemnation for property acquisition with regards to three property owners; • November 12, 2019 —Adoption of Ordinance 19-020 authorizing use of condemnation for property acquisition with regards to a fourth property owner; • January 14, 2020 — Passed motion to execute supplemental agreement with DEA; and, • January 21, 2020 — Passed motion to acquire two properties for the project BACKGROUND: Over the past two years, the City has been working with David Evans & Associates (Consultant) to develop and prepare the Barker Road/BNSF Railroad Grade Separation Project (Project). The City's ROW agent has been negotiating with nine property owners to acquire the necessary ROW for the project. In total, there are 17 parcels that are affected by ROW or easement acquisition needs. A portion of a property acquired for the project contains a utility easement that contains several Avista Corporation (Avista) owned utilities including gas, fiber, distribution and transmission lines that need to be relocated due to our project. The attached Utility Construction Agreement allows for the relocation of the Avista utilities to take place. The work will be completed by Avista, and/or its contractors, prior to the main grade separation project construction to minimize project delays. The City will reimburse Avista for the cost of designing and relocating the utilities. Avista estimates the cost to relocate the utilities at $748,992.63. OPTIONS: 1) Authorize the City Manager to finalize and execute the Utility Construction Agreement with Avista Corporation; or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Utility Construction Agreement with Avista Corporation with a contract amount not to exceed $748,992.63. BUDGET/FINANCIAL IMPACTS: To date, the City has secured funding in excess of $24,000,000 for the Barker Road/BNSF Grade Separation Project from seven sources. The Utility Construction Agreement will be funded from the project funds. STAFF CONTACT: William Helbig, PE, City Engineer ATTACHMENTS: Draft Agreement Utility Construction Agreement Utility Name Work by Utility — LOCAL AGENCY Cost Avista Corporation, d/b/a Utilities Agreement Number Project Title/Location Barker Road/BNSF Grade Separation Project Spokane Valley, Washington State Route Mileposts SR From to Estimated Agreement Amount This Utility Construction Agreement is made and entered into between the City of Spokane Valley (LOCAL AGENCY) and the above named Utility; hereinafter referred to individually the "Party" and collectively the "Parties." Recitals 1. The LOCAL AGENCY is planning the construction of the Barker Road/BNSF Grade Separation Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct certain Utility facilities (Work). 2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's facilities located pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive right, which is impacted by the LOCAL AGENCY project. 3. The Work shall be defined as all materials, equipment, labor, contract administration and any other effort required to perform the relocation, construction, and/or removal of the Utility's electric, natural gas and/or fiber facilities. For purposes of this Agreement, the Work shall also include the cost of securing necessary easements for the Utility's relocated facilities, and all costs associated with bidding out the Work, if applicable. 4. It is deemed to be in the best public interest for the Utility to perform the relocation, removal, or construction of its facilities. Now, Therefore, pursuant to and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits which are incorporated and made a part hereof, It Is Mutually Agreed As Follows: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects is adopted and made a part of this Agreement as if fully contained herein. 1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code, regulation, standard industry practice, established Avista standards or any other applicable regulation. Page 1 of 12 1.3 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work in scheduling, permitting, constructing, removing and/or relocating the Utility facilities, in accordance with this Agreement. 1.4 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may have all or part of this Work done by a contract let by the Utility, as follows: 1.4.1 Before contracting out any Work, the Utility shall obtain written authorization from the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise and solicit bids for the contract Work. 1.4.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall provide a copy of all bid documents to the LOCAL AGENCY seven (7) calendar days prior to the advertisement date for the LOCAL AGENCY comment. 1.4.3 The Utility shall notify the LOCAL AGENCY at least three (3) working days in advance of the location and time of the bid opening so that the LOCAL AGENCY representative may attend the bid opening. 1.4.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to the LOCAL AGENCY within seven (7) calendar days of bid opening. 1.4.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written justification to the LOCAL AGENCY for the use of that contractor and bid price. The LOCAL AGENCY shall review the Utility's written justification, and if the LOCAL AGENCY does not agree therewith and the Utility awards the bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference between the amount of the lowest bid and the amount of the awarded contract. 1.4.6. This Section shall not apply to contract employees who perform work for Avista in the ordinary course of its business. 1.5 If the Utility desires to have the Work performed under an existing contract, the LOCAL AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the contract for the LOCAL AGENCY's written approval of the contractor and contract charges; provided, however, that this provision shall not apply to contract employees who perform work for the Utility in the ordinary course of its business. . 1.6 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual relationship among the LOCAL AGENCY, the Utility, and the Utility's contractor. 1.7 All of the Utility's Work, construction procedures, materials, and/or utility installation, as provided under this Agreement, shall be subject to the LOCAL AGENCY inspection for solely the benefit of the LOCAL AGENCY's payment, and/or the LOCAL AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing Page 2 of 12 of any non-compliance that would impact the LOCAL AGENCY's payment, state highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCY's inspection shall not reduce or modify the Utility's responsibility for the Work. 1.8 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities, without the LOCAL AGENCY liability or expense. 1.9 The Utility's obligations under this Agreement are contingent upon the availability of an outage window that is satisfactory to the Utility up until the time of commencement. In addition, Work shall not begin until all necessary easements and rights-of-way have been secured for the Utility's facilities. The Utility shall endeavor to secure all necessary easements, but shall consult with the LOCAL AGENCY regarding any payments to be made to landowners in connection with the procurement of the same. The cost of acquisition of necessary easements shall be chargeable to the LOCAL AGENCY. In the event that the Utility is unable to secure any necessary easements, the LOCAL AGENCY and the Utility shall meet and mutually agree on other options, including, without limitation, commencement of condemnation proceedings. 1.10 The current estimated Transmission outage window is August 17-28, 2020. This window is subject to change based upon the Utility's operational needs and necessary right-of- way acquisition. 1.11 As a condition of this Agreement, the LOCAL AGENCY confirms that the Transmission and Distribution designs as reflected in Exhibit "B", are satisfactory, and that the outage window specified in Section 1.10, above, is acceptable. Should the LOCAL AGENCY request a change in the design or alignment of the utility relocation, or in the schedule of the Work, the LOCAL AGENCY shall be responsible for all reasonable cost and schedule impacts related to the same. In addition, the LOCAL AGENCY recognizes and agrees that such a change may delay the project beyond the current outage window, in which case rescheduling the Work may be delayed until a new outage window, suitable to the Utility, may be secured. 1.12 The LOCAL AGENCY and the Utility may agree to relocate portions of the Utility's Facilities within the public road right-of-way. Should the LOCAL AGENCY require subsequent relocation of those Facilities, however, such relocation shall be at the sole cost and expense of the LOCAL AGENCY, and without cost to the Utility, irrespective of the terms of any existing Franchise Agreement between the parties. 2. Authority to Begin Work and Work Schedule 2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to reimburse the Utility for any Work performed before the date of notification. The Utility's obligation to commence work is dependent upon the availability of a suitable outage window, as determined by the Utility in its sole discretion. 2.2 Subject to the conditions of this Agreement, the Utility agrees to use its best efforts to avoid a delay to or interfere with the LOCAL AGENCY's contractor in the performance of the LOCAL AGENCY's project. Page 3 of 12 3. Compliance 3.1 The Utility agrees to comply with all applicable laws, federal requirements (including Buy America) and environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary environmental permits required in order to perform the Work. 3.2 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are required in order for the Utility to perform the Work. 4. Payment 4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities that are located pursuant to a documented ownership interest in real property, such as an easement, fee title, or court finding of prescriptive right, which are impacted by the LOCAL AGENCY project, as shown in Exhibits A. Exhibit A, Cost Estimate, contains an itemized cost estimate of the LOCAL AGENCY- responsible costs for the Work to be performed by the Utility. 4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible as defined in Exhibit A. The Utility agrees to invoice the LOCAL AGENCY and provide supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the Utility within thirty (30) days of receipt of an invoice. Payments shall not be more frequent than one per month. A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any discrepancies. 4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within ninety (90) calendar days following completion of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL AGENCY within thirty (30) days. 5. Change in Work or Cost Increase 5.1 The LOCAL AGENCY agrees that the amount shown in Exhibit A may not reflect the actual costs of the Work. Should the Utility determine that the Work costs for which the LOCAL AGENCY is responsible might exceed the cost estimate by more than ten (10) percent, the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of the Exhibit A estimate plus the additional percentage. The LOCAL AGENCY and the Utility will, if necessary, amend Exhibit A to revise the cost estimate before the Utility incurs costs above the amount shown in Exhibit A plus the additional percentage. 5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of its acceptance or rejection of the change(s), in writing, within ten (10) working days. 6. Franchise, Permit or Easement 6.1 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing Page 4 of 12 easements, fee title, or court finding of prescriptive right, which are no longer necessary for the Utility's facilities and which may be vacated as a result of the relocation of Utility facilities 6.2 Both parties recognize and agree that the parties' ability or inability to obtain satisfactory easements as provided for in Section 1 may impact the schedule for the Work. 7. Right-of-Entry 7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby grants the Utility a right-of-entry upon all land in which the LOCAL AGENCY has interest for the purpose of performing the Work. Upon completion of the Work, this right-of-entry shall terminate except as otherwise provided in Section 6. 7.2 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights-of-way. 8. General Provisions 8.1 Indemnification: The Parties shall indemnify and hold each other and each of their respective agents, employees, and/or officers from and shall process and defend at their own expense any and all claims, demands, suits at law or equity, actions, penalties, losses, damages (both to persons and/or property), or costs, of whatsoever kind or nature, brought against the Indemnified Party and its agents, employees and/or officers, arising out of or alleging negligence on the party of the Indemnifying Party. If and to the extent that such claims are caused by or result from the concurrent negligence of(a) the Utility and (b) the LOCAL AGENCY, its agents, employees, and/or officers, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the intentional or negligent acts or omissions of the Indemnifying Party, and Provided further, that nothing herein shall require the Indemnifying Party to hold harmless or defend the Indemnified Party, its agents, employees, and/or officers from any claims arising from the sole negligence of the Indemnified Party, its agents, employees, and/or officers. This indemnification shall survive any termination of this Agreement. 8.2 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time during the prosecution of the Work, the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution, the Parties agree to enter into mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator. 8.3 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall be responsible for its own attorneys' fees and costs. 8.4 Termination: 8.4.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this Agreement for convenience upon thirty (30) calendar days written notice to Page 5 of 12 the Utility. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless the Utility determines, in its discretion, that said materials can be deployed to other projects. 8.4.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution date of this Agreement and prior to normal completion, the LOCAL AGENCY may terminate the Agreement upon less than the thirty (30) calendar day notice requirement in section 8.4.1, subject to renegotiation at the LOCAL AGENCY's sole option pursuant to the revised funding limitations and conditions. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless the Utility determines, in its discretion, that said materials can be deployed to other projects. 8.5 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 8.6 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes, and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 8.7 Audit and Records: During the progress of the Work and for a period of not less than six (6) years from the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and shall make them available during normal business hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the six-year retention period. 8.8 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. Page 6 of 12 In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written below. Local Agency Utility By: By: Printed: Printed: Title: Title: Date: Date: Page 7 of 12 EXHIBIT A TRANSMISSION PROJECT COST ESTIMATE (Material & Construction Estimate): Materials: (3) Self Supporting Steel Structures @ $50,000 each $150,000 (2) Direct Embed Steel Poles @ $8,000 each $16,000 (9)Post Insulators with Clamps @ $1000 each $9,000 (21) Toughened Glass Insulators with Clamps @ $150 $3,150 each 3000ft. "Drake" ACSS Conductor @ $3.00/ft. $9,000 Miscellaneous Materials (lump sum) $15,000 TOTAL MATERIALS: $202,150 Construction: (3) Drilled Pier Foundations @ $50,000 each $150,000 (2) Direct Embed Foundations @ $10,000 $20,000 Construction Materials (lump sum) $25,000 Traffic Control (lump sum) $5,000 TOTAL CONSTRUCTION: $200,000 Construction Labor: Structures: (15) Crew-Days @ $5,000 /day $75,000 TOTAL CONSTRUCTION LABOR: $75,000 Totals: TOTAL (Materials and Construction): $477,150 TOTAL (Taxes, A&G, and PM @ 20%): $95,800 TOTAL COST: $572,950 Note: Any salvage value associated with the material removed from the existing Transmission lines will be credited back to the job. ELECTRIC DISTRIBUTION PROJECT ESTIMATE: $102,438.82 FIBER RELOCATION PROJECT ESTIMATE: $60,000.00 (See Exhibit B-3) NATURAL GAS RELOCATION PROJECT ESTIMATE: $13,603.81 TOTAL COST ESTIMATE: $748,992.63 Page 8 of 12 EXHIBIT B B-1: ELECTRIC TRANSMISSION RELOCATION DESIGN flag 4 ° sit Mil r . iii o r 4. PPr 1 !' _1 .. ,12;'8 r' (jtru r s. 1", El _.... _ _...._. .n , ft "-]..e.,. ,.D 4, . .6......_ Page 9 of 12 B-2: ELECTRIC DISTRIBUTION RELOCATION DESIGN , 11576 \_----- --- '-b17.6 a ',T- _---- •S \ L a /- 4C3171 .. ..........- s1,1 ISI 4 — ..Z E.E143.- ._-- -- I ' .7 r— Z-SC.S.EiC ___. I 1.-E.E1e-S r 1 1 *10 = .—.----:---------------------------------1';':"r' e 1 I I1L ' LH Ifilki s.L.,,,,,,,,,,- 6./10 —I 81.,..6 111 ILI I 1 .------ CF-"-"i2 I II 11 I IL° I '$' I I 4 I t. Oil 9- 3-13?c a t 44.'1 3 (,,..,c II, , , III i , - .,. ... .:. 1 Distribution Relocation Cost Estimate: $102,438.82 (Does not include costs of illumination Service) Page 10 of 12 B-3: FIBER RELOCATION DESIGN Barker Relocation -... 4N I Per Costs Aerial: IL Aerial Aa35 '0.::0 SAW OPGW 21100 `x000 Aerial Serand&Lash 15.7 ZOO Fdhke Ready am Sam under round: Underground gore 40.7 $CUED Prate Adder 60.7 $ono Ayista's Boulder Pane uedergroand Plc.r 1007 $0.00 uerselafiCn Facility underground Trench 2.700' 25:7 $07,57.3 Rack Adder 30A70 $1100 Existing Genlllykflk f AVista Cabinet Elating 5.7 Sam l�be renewed 0.Y fall 2132D) Vaults 100 4.0:0_00 $12,000.00 . Splicing: Conventional 4.03.7 $0-00 Site Termination 707.7 SOLO _ Other Permit Foes 50.00 `F. F1enriral Conduit 70 35.7 $1.45l1m I Engineering Fern SOLO E,gineering/I iupecti. lHn 17.7 $1s,e0o00 593.4:0.00 Century':ink Construction $633-$37 111 C binlrg the re6omdon work with a euh-re communications project is allowing cost sharing between 11 toe txrn a oroje _The estimate mm, s n construction lethe direct at Frere Certurlyslnk,would be spilt nerd,between the two a project.Our intimated cost forrtthe reloceton work Is Rya.$6030A ,L . I ri 2-Arsta Conduits 3-CentutyL�tk Ccnv::it IL ..a... r.ar--e.,...er..e.n.y....,�.. _.,r.s�.,m�s U._..a.�.....�...._�_,�sur-.�.s�'+�.c;. Page 11 of 12 B-3: FIBER RELOCATION DESIGN r . i e10 f+ _ - T • p ' yi /�� a�aa�o� -2M 1�i�llli7A ..��r..�::,..�.,.�....,..,�.�.�,arr.....�..�. vn� .r.K.tn Estimated Cost: $13,603.81 Page 12 of 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31,2020 Department Director Approval: Check all that apply: ❑consent ❑old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative Report — Street vacation of a portion of 12th Avenue, 13th Avenue,the alley between 12th and 13th Avenues, and Chronicle Road,west of Carnahan Road. GOVERNING LEGISLATION: Spokane Valley Municipal Code (SVMC) 22.140; Revised Code of Washington(RCW) 35A.47.020 and RCW 35.79 PREVIOUS COUNCIL ACTION TAKEN: At the November 19, 2019 City Council meeting, a public hearing date was set with the Planning Commission for January 9,2020. BACKGROUND: The City received an application on October 3, 2019 from Whipple Consulting Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff McCloskey, requesting a street vacation of approximately 380 feet in length of 12th Avenue, 13th Avenue, the alley between 12th and 13th Avenues, and approximately 500 feet of Chronicle Road, ranging from 12 to 60 feet in width. The total area proposed to be vacated collectively was 1.58 acres. The portion of right-of-way (ROW) requested to be vacated is located immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue. The area is adjacent to eight parcels that are either vacant or under development. The property owner is making a request for the following reasons: 1. The vacation would allow development of the site to its full potential by removing ROW requirements in"unconstructable"locations; 2. The streets and alleys are no longer required for public use or access; and 3. On-site wetlands interfere with the construction of 13th Avenue. The subject ROW does not contain any city facilities or utility improvements other than portions of a stormwater system that includes pipes and catch basins. The system would need to be relocated and easements granted to facilitate existing stormwater and future development. Although the surrounding lots are owned by the two parties requesting the vacation, a vacation of the right-of-way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to Spokane Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved public street,private street, or an easement for a private driveway. "An access easement or reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access issue. The applicant has proposed to aggregate all of the lots into a single lot to resolve the access issue, and also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle Road to allow future access and termination of the public road. The two parcels immediately to the north are zoned Multi-family and it is assumed that the property will develop as such. Twelfth Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that the City retain 12th Avenue in order to support future development of the parcels to the north. RCA Administrative Report for STV-2019-0005 Page 1 of 3 The Planning Commission conducted a study session on December 12, 2019 and a public hearing on January 9, 2020. Following public testimony and deliberations, the Planning Commission voted 3-1 to recommend approval of the amended proposal (as described above) to vacate a portion of 13th Avenue, the alleyway lying between 12th Avenue and 13th Avenue, and Chronicle Road with the amended staff conditions.The 12th Avenue right-of-way would be retained.The findings and recommendations were approved by the Planning Commission on February 27, 2020. SVMC Section 22.140.040 directs City Council to consider the Planning Commission's findings, conditions and/or limitations appropriate to preserve the public use or benefit,the division of the vacated right-of-way among abutting property owners,and lastly whether to require compensation for the right-of- way and when it is to be paid. Council established Resolution 07-009 to provide parameters on requiring compensation. Within the Resolution, Section 1(Policy) states: "The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal 50% of the appraised value of the vacated property received" Section 1.1.a allows the property values to be averaged if value of adjacent properties differs. The table below includes the analysis for associating an estimated appraised value for the vacated property. Parcel Number Appraised Market Lot Size in Square Appraised Value per Square Value (2019) 2 2 Feet(ft ) Foot(ft ) 35233.0203 $62,700 49,587 $1.26(zoned SFR) 35233.0204 $62,700 49,587 $1.26" 35233.1307 $59,990 47,512 $1.26" 35233.0101 $132,550 105,212 $1.26" 35233.1402 $63,250 50,038 $1.26" 2 $1.26 Average appraised value per ft Square feet of 13th Ave.,Alleyway, and Chronicle Road 2 57,257 ft Appraised value for the area of street vacation 2 57,257 ft x$1.26= $72,143.82 50%of appraised value $72,143.82 x 50% = $36,071.91 Subtracting amount paid for application processing $36,071.91 - $ 1,365.00= $34,706.91 Estimated value of 13th Avenue,alleyway& Chronicle Road=$34,706.91 Therefore, 50% of the appraised value for the unimproved portions of 13th Avenue, the alleyway and Chronicle Road minus the application fees, total $34,706.91. This does not include the 12th Avenue area recommended to be retained. Section 1.4 of Resolution 07-009 allows City Council to take an alternative approach, if it is determined the public interest is better served. Unless otherwise directed, and if Council moves the matter to a first ordinance reading, the Ordinance will reflect payment is required as indicated above. Council may discuss other options and determine by consensus at their discretion. OPTIONS: Consensus to proceed with first ordinance reading with the chosen fee option; or take other action deemed appropriate. RECOMMENDED ACTION: Consensus to proceed with a first ordinance reading at the April 14th Council meeting. STAFF CONTACT: Lori Barlow,AICP, Senior Planner RCA Administrative Report for STV-2019-0005 Page 2 of 3 ATTACHMENTS: 1. PowerPoint Presentation 2. Signed Planning Commission Findings and Recommendation 3. Staff Report and Recommendation to the Planning Commission,including exhibits 4. Approved Planning Commission Meeting Minutes December 12,2019,January 9,2020, and draft minutes of February 27,2020 5. Resolution 07-009 RCA Administrative Report for STV-2019-0005 Page 3 of 3 Sfiokane N7alleyR 1 2th , 1 3th , Chronicle , and Alleyway Street Vacation STV- 2019 -0005 City Council Administrative Report March 31 , 2020 . .. . P r o e s s L., .. c., Process L., ° c,,c c, 11 Administrative N : Report : cw .I it o� •° Study Session 3-31-2020 '� - •� v 12-12-19 c� cw st ct : C4 V) 4 E Ord. 1 Reading c� : C4 ~ •E I/ c o M E° Public Hearing •' 4-14-2020 •� ° : cLi 1-9-20 L." ct : ° tu : ° ct C P4 ~ ©• • © Ord. P4 11.1i : Findings of Fact 2nd Reading m ° =1.' 1-23-20 o t cJ 4 .� , 4-28-2020 a� p4 Decision Toda ,ry Iv( I Vr. rt \•.. .,„,„,y,„,. ..1 2 1 st Phase of street vacation 2nd Phase of street vacation Public Hearing Noticing Requirements Posted in 3 places: City Hall, Center Place, and Valley Library Published in the Valley Herald 2 times Written notice to abutting property owners Signs posted at each end of proposed vacation area iJiHLP _J 1 a 8th Ave. - _q7:11.111 111.11. =1 igilln WPM= Ce 11 M5-58' 30' 411 � � , PROPOSED VACATION 0 A.F.N. 35333.0101 I m it 4 a 0 CNy 385.27' c ,,,, ,, ,,„,..A.A_,A.,,,,„„,‘ 12' cz 0 1, 0 V cp WOODLAND TERRACE ¢ -- BLOCK 1 '` a 404 30' 4 8 . T 1 12t" Ave. ;Ak _ !�►►AT , 1� _ # 11,41;1 384 71' U414 tl 60.- 13t" Ave. * 1 >414 . t :: ; A.P.N. 35233.1962 F- ,, II _ ____ • - . „____ __ At N.„ B❑ E. , i Irk .1%1 C .- ' WOODLAND TERRACE ��, r BLOCK 14 • STREET VACATIONER �. f� N V g 'a 14Tf] AVENUE _ I W E • f 1 > '' i 2 rs - E f0 Ave r --1- i 'at I L _I \\\******Nibr.— %.,5 0 iii..,.. 1 �I , por I________,I1 • F I s, Proposed Vacation - ti 9t 6 5 # " L Applicant's Reason For Request: 12 th Ave. = p p q s o Allow development of the' 49 c site to full potential Chronicle Rd. � by go, 8 removing ROW N: PM V requirements in a ❑ S"utrneceotnsstarnucdtaabI Ileey"s loacrae tnioon s ; , t , - -• longer required for public .. �" `� " i v . . iii nth - use or access . and 13 Aver , 1 -� ::N .La A; id\�� : y- f- ❑ On-site wetlands interfere ik- "707 k , ... / with the construction of 13th � , Ave. , •r �• Hca reasOn - site .,„, . . , ,,, , t''.,6 -y II *44 rte. 1+ - II f Y ' .!. a ` .. ` ___ - • — ._ ,—__ -. - - y t 1. , .. \ ,-,,,, - Legend — X Y.-T I 1 ”i' Critical Areas National Wetlands Inventory ;ii, FEMA 2019 CI 0.2 PCT ANNUAL CHANCE FLOOD HAZARD AE ® AH D AO .. - f s 'r Geological Hazards - Steep Slope j. 30or Greater 1A D/. N. I s l r n i Mc Q gO 1 �-- E.:-1•4th ®T - • e ft? - _ ' �� 7 .'ten.�. 0a Potential ,, Zoning is R - 3 u L MU - R ` MFR Adjacent properties need access for v Street ment of residential lots; Stormwater development Vacation system '°1, Only single and two-family uses allowed h 1x -a Several parcels may be land L4i. .--1 , . :,,, - - I_ MFR locked ,• r_. : - SFR .� 0 a j V Stormwater system located in ROW - -� f -.`T. { Y P+ 1 �� 4!} G SS •3 , 1, 4 _L 1 , l Land locked - / System would need relocatingor �, ' Mal .y: :.jV+ y parcels p �� ..,, i easements required . '1414 0 . . ..._..,..‘..-Lm4-.27.7"........ • I 1-i'...IF_ it-l.. .-: Irff-..k-13e2.s 2:_.Aiwa s .. ' SW ....:.: ...A... Elio Irriltration Similes Ink - i Ai - ' ...11....i.... . Ir. V '- i. ••,. .. - V. ken6...-,... 1 TOR M DRAINAGE MAR Hartseir_ ,-, - Mil : . .,_ . - •- ..7•' .' —.t: I' 1 .--;.4T— ••liptii, -..,-. `..11 . ........-.....,......_........11, 44... 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L, 5 A- Additional City of Spokane Map City of Spokane Development .: Services: Moran Trunk Sewer Main constructed in 1985 i Easements have not been verified by Spokane . • Development Services k iiii . . . •• • o Request: Provide a 30' • wide sewer easement ( 15 ' t "1-tri on either side of existing Legend 1 City of Spokane _� Sanitary Force Interceptor Siphon t f Boundary Main t line) if any portion of t h e + CSO Outfall r Service 4 Sanitary Sanitary Gravity ❑ ArSeeawe Manhole Main - Overflow existing main lies outside of Sanitary Lift + MainParcel Staten a dedicated easement City 's Recommended Street Vacation : Approve the Request, but Retain 12th Ave. it , , tt , , ir 10 . . di 12t" Ave.'" - Citys Reason to Retain 1 0 -c; 1 2th Avenue: Chronicle Rd. a U ❑ Ensure adequate er access and connectivityfor high . , - ,,. densitydevelopment ___, o - i y . . th ti to northproperties ., . . . � -1,-, ....•:. rifttol y` f n Supports MFR w W . 4 a ialt Ws ' r -- ilYfk\N- / i designation in the Z Comprehensive Plan Planning Commission Recommendation 11 g o APPROVE with conditions the staff amended proposal to vacate a portion of 13t" Avenue, the alleyway lying in between 12t" Avenue and 1 3th Avenue, and Chronicle Road . The 1 2th Avenue right-of- way would be retained . 3 - 1 Vote FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION STV-2019-0005—Street vacation of a portion of 12th Avenue, 13th Avenue, the alley between 12th and 13th Avenues, and Chronicle Road. Pursuant to SVMC 17.80.150(E)the Planning Commission shall consider the proposal and shall prepare and forward a recommendation to the City Council following the public hearing. The following findings are consistent with the Planning Commission recommendation. A. Background: 1. Chapter 22.140 of the Spokane Valley Municipal Code(SVMC),governing street vacations, was adopted in September 2007 and became effective on October 28,2007. 2. The privately-initiated street vacation, STV-2019-0005,proposes to vacate 385' of unimproved sections of 12th and 13th Avenue, and the alley lying in between, and 491' of unimproved Chronicle Road. The total area requested is 1.58 acres. 3. The Planning Commission held a properly noticed public hearing and conducted deliberations on January 9, 2020. The Planning Commission voted 3-1 to recommend approval of the staff amended proposal to vacate 13th Avenue, the alleyway lying in between 12th and 13th Avenue, and Chronicle Road but retain the 12th Avenue right-of-way. B. Planning Commission Findings: Compliance with SVMC 22.140.030 Planning Commission review and recommendation Finding(s): 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is unimproved. Portions of a stormwater system,that includes pipes and catchbasins, are located within the right-of-way. No other utilities are located in the ROW. The stormwater system collects stormwater from the south and from the existing pond. The system extends to the north through private property and terminates in a swale on the Soil Conservation District property. The majority of the system is located on private property without easements. The property owner understands that the system will need to be relocated and/or easements provided in conjunction with future development of the property to the north and for the portion of the system lying in the ROW requested to be vacated. The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west side of parcel 35233.0101,which is the area outside of the borrow pit, without ROW access. All the adjacent property owners are owned by the Hamilton's and Jeff McCloskey. The properties could be reconfigured through a boundary line adjustment(BLA)or boundary line elimination(BLE) leaving the resulting properties with access, or an access easement provided. If access is provided to the vacant parcels the vacation is not expected to have impact on the general public as surrounding parcels currently do not use the right-of-way for access. Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0005 Page 1 of 4 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. The site is bordered by R-3 zoned property to the west and south, and Multifamily zoned property to the north. Immediate properties are vacant, while the outlying properties are developed with single family residential neighborhoods, The vacant properties will need access for future development. As situated sufficient access does not exist to allow for the division of parcel numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road but further division into typical residential lots would require the construction of either public or private streets. In the absence of development plans staff recommends the City retain Chronical Road unless the properties are reconfigured or an easement is provided as discussed above. As indicated in the application all adjacent properties are owned by the Hamilton's and Jeff McCloskey and the BLA/BLE can be accomplished. Although no development plans have been provided as part of this application, the applicant has provided a concept plan that indicates a design for single family development with a reconfigured street plan on the adjacent properties and multifamily located to the north in the Multi-family Residential Zone. Currently the ROW is not needed for the existing development that takes access off 14th Avenue and 13th Avenue. 13th Avenue ends in a cul de sac preventing the extension of 13th Avenue. Access for future development would be required through any proposed platting activity. Since 13th Avenue and the alleyway are affected by the existing pond, and since 13th Avenue to the west ends in a cul-de-sac, which prevents the extension, both 13th Avenue and the alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402 would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is only 30' wide, the additional ROW could be obtained if needed at the time of future development of the northerly properties providing connectivity to the existing street grid. Assuming the north properties are developed with multifamily, 12th Avenue would allow for additional access points for increased traffic generated by the development. Staffrecommends the City retain 12th Avenue ROW. 3. Whether the substitution of a new and different public way would be more useful to the public? Currently public access is not needed in this area because no properties utilize the right-of- way for access, and the properties adjacent to the unimproved right-of-way are owned by the Hamilton's and Jeff McCloskey. However, future development is dependent upon access being provided. Without a development plan it is not apparent if a new and different public way would be more useful to the public. An ingress/egress access easement could be provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE could occur to ensure that all properties have access off of the remaining ROWs. Requiring a BLE to create a single parcel will resolve the access issue for the parcels. 12th Avenue is still necessary for connectivity and to support the multi-family development on the north parcels that is anticipated in the Comprehensive Plan. Staff recommends the City retain 12th Avenue to ensure adequate access to support future development. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the comprehensive plan the site is designated as single family residential and zoned R-3 which allows for single family and duplex residential development. The property owner recently applied for a Comprehensive Plan Amendment to change the land use designation and zoning from single family residential to Multi-family residential in order to allow an Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0005 Page 2 of4 increase in development density and multifamily development. The City Council declined to consider the request and removed it from the 2020 Annual Comprehensive Plan Docket, thereby halting further consideration of any land use designation change. It is anticipated that the adjacent properties will remain single family residential and require access for future development through a subdivision process. The current Chronicle Road ROW ensures that parcel number 35233.0203 and 35233.0204 have access for further development. The subdivision process would also ensure adequate access is provided as each lot created must have access to a public or private street. It is presumed that the property will develop into single family residential lots and access will be appropriately provided through the subdivision process consistent with Title 20, SVMC and the City of Spokane Valley Street Standards. As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require the use of Chronical Road ROW to ensure access. As discussed above a BLE will resolve the situation ensuring access. Also noted in the Background section the vacation of 13'h Avenue ROW and the alleyway will have no apparent impact on the development of parcel numbers 35233.0101 and 35233.1402 due to the existing pond. The two parcels immediately to the north are zoned Multi-family and it is assumed that the property will develop as such. 12th Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that 12th Avenue is retained by the City to support future development of parcels to the north. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No public comment has been received. The City's Stormwater Engineer noted that stormwater drainage facilities were located in the ROW and that the facilities would need to be relocated and/or placed within an easement. The City Engineer noted that Chronicle Road and 12th Avenue are required to provide access to the existing parcels, but that 13'h Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit). The analysis above notes that access issues can be resolved with a BLA or BLE, and that 12th Avenue should be retained to support high density development to the north. Staff recommends that the 12th Avenue ROW be retained by the City. Conclusion: The findings confirm criteria set forth in SVMC 22.140.030 have been met. C. Recommendation: Planning Commission recommends City Council approve the amended proposal to vacate 385 feet of 13th Avenue and the alleyway lying immediately to the north, and 491 feet of Chronicle Road subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (35233.0101, 35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a Boundary Line Elimination) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. Findings and Recommendations of the Spokane Valley Planning Commission STV-2019-0005 Page 3 of 4 3. All existing lots shall have access to a public street prior to finalization. A Boundary Line Elimination application shall be submitted to the City within 30 days of the effective date of approval that aggregates 352310101, 35233.0204 and 352310203. Additional parcels, including 35233.1402, may be included in the Boundary Line Elimination if desired by the applicant. The Boundary Line Elimination application shall combine the proposed lot elimination with the record of survey vacating portions of 13th Avenue, the adjacent alleyway, and Chronicle Road. The document must be recorded within 90 days of the effective date of approval. 4. The following easement and dedication are required. Submit recording number on record of survey and written documentation of easement for City verification. a. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater facilities shall be provided b. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City. c. A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing sewer man, acceptable to the City of Spokane for the existing sewer main if any portion of the main lies outside of a designated easement. 5. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right-of- way with each street or right-of-way in accordance with the standards established by the SVSS. 7. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to,title company charges, copying fees,and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Approved this 27th day of February,2020 nnin.' ommissio hairman ATTEST Deanna Horton,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission 5TV-2019-0005 Page 4 of 4 COMMUNITY AND PUBLIC WORKS SCITY of�7 po ane BUILDING&PLANNING REVISED 1-9-2020 Valley STAFF REPORT AND RECOMMENDATION TO THE PLANNING COMMISSION FILE: STV-2019-0005 STAFF REPORT DATE: December 16, 2019 FILE NO: STV-2019-0005 PROPOSAL DESCRIPTION: Request to vacate 385' of unimproved sections of 12th and 13th Avenue, and the alley lying in between, and 491' of unimproved Chronicle Road. The right-of-way widths vary from 12' wide up to 60'. STAFF PLANNER: Lori Barlow,AICP, Senior Planner, Community& Public Works APPLICANT: Todd Whipple, Whipple Consulting Engineers,21 S Pines Rd, Spokane Valley, WA 99206 Owner 1: Tom and Michelle Hamilton, 9212 E Montgomery Avenue, Ste 604, Spokane Valley, WA 99206 Owner 2: Jeff McCloskey, 9708 N. Nevada Street, Spokane, WA 99218 Owner 3: David Black, 12009 E Empire Ave. Spokane, WA 99206 PROPOSAL LOCATION: The portion of right-of-ways (ROW)proposed to be vacated lies southwest of the intersection of 12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189, 35233.9190, 35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203, and further located in the SW quarter of the SE quarter of Section 23, Township 25 North, Range 43 East, Willamette Meridian, Spokane Valley, Washington. BACKGROUND: The City received an application on October 3, 2019 from Whipple Consulting Engineers (WCE) representing the owners, Tom and Michelle Hamilton and Jeff McCloskey, requesting to vacate unimproved portions of 12th and 13th Avenue, the alleyway between 12th and 13th Avenues, and Chronicle Road. The total area requested to be vacated is 1.58 acres (12th Avenue area is 11,567 sq. ft.; 13th Avenue area is 23,087 sq. ft.; alleyway area is 4,623 sq. ft.; and Chronicle Road area is 29,461 sq. ft.). The property owner has identified the following reasons for making the request: 1. The vacation would allow development of the site to its full potential by removing ROW requirements in"unconstructable"locations; 2. The streets and alleys are no longer required for public use or access; and 3. On-site wetlands interfere with the construction of 13th Avenue. The subject ROW does not contain any city facilities or utility improvements other than portions of a stormwater system that include pipes and catch basins. According to the City's Stormwater Engineer the system traverses to the North, through other private properties with no secured easements. The system would need to be relocated and easements granted to facilitate existing stormwater and future Staff Report and Recommendation STV-2019-0005 Page 1 of 8 December 18,2019;Revised January 9,2020. development. Utilities were noted to lie in Carnahan Road and surrounding areas which will remain as dedicated right-of-way. It appears that the area falls outside of any water service area which includes City of Spokane Water District, Spokane County Water District #3, and Carnhope Irrigation District #7. Although the surrounding lots are owned by the two parties requesting the vacation, a vacation of the right-of-way would leave parcel numbers 35233.0203 and 35233.0204 without access. Pursuant to Spokane Valley Municipal Code (SVMC) 20.20.090.E "Every lot shall have direct access to a paved public street, private street, or an easement for a private driveway. " An access easement or reconfiguration of the lots by a boundary line adjustment or elimination could resolve the access issue. The applicant has proposed to aggregate all of the lots into a single lot to resolve the access issue, and also proposed to dedicate a 100' cul-de-sac to the City as ROW at the end of Chronicle Road to allow future access and termination of the public road. Various portions of the ROW lie within a Flood Zone and a wetland identified by the National Wetlands Inventory Map. The wetland, which is an existing pond that has developed in an abandoned borrow pit, affects the alleyway and possibly a section of the 13th Avenue ROW. Pursuant to Chapter 21.30 SVMC Floodplain Regulations development can occur so long as it is consistent with Chapter 21.30, Spokane County Stormwater Regulations and the City's Street Standards. This would apply if the ROW were constructed as a street, or vacated, and residential development were to follow. The City has the discretion to require a Conditional Letter of Map Revision prior to issuing permits in areas designated as flood zone areas per the Flood Insurance Study and Flood Insurance Rate Map (FIRM). Areas affected by wetlands are typically undevelopable without mitigation. In order to develop the site a wetland report prepared by a qualified professional would be required that would delineate and classify the wetland, and further develope strategies for development that would likely involve a series of mitigation sequencing steps pursuant to Chapter 21.40 SVMC Critical Areas. APPROVAL CRITERIA: 1. Title 20 SVMC (Subdivision Regulations) 2. Title 21 SVMC (Environmental Controls) 3. Title 22 SVMC (Street Vacations) 4. City of Spokane Valley Street Standards ATTACHMENTS: Exhibit 1: Vicinity Map Exhibit 2: Aerial Map Exhibit 3: Application Material Exhibit 4: Notice of Public Hearing Exhibit 5: Agency Comments I. PROPERTY INFORMATION Size and Characteristics The total unimproved right of way area is 1.58 acres for 12th of proposed vacation: and 13th Avenue, the alleyway lying in between and Chronicle Road. The subject right of way is unimproved with portions covered by a floodplain and a wetland. Staff Report and Recommendation STV-2019-0005 Page 2 of 8 December 18,2019;Revised January 9,2020. Adjacent Single-Family Residential (SFR), Multifamily Residential Comprehensive Plan (MFR) Designation: Adjacent Zoning: Single-Family Residential Urban (R-3), Multi-family Residential (MFR) Adjacent Land Parcel numbers 35233.9189, 35233.9190, 35233.0101, Use(s): 35233.1402, 35233.1307, 35233.0204, and 35233.0203 are all vacant. II. STAFF ANALYSIS OF STREET VACATION PROPOSAL A. COMPLIANCE WITH SPOKANE VALLEY MUNICIPAL CODE(SVMC)TITLE 22.140.030 Findings: 1. Whether a change of use or vacation of the street or alley will better serve the public? The area proposed to be vacated is unimproved. Portions of a stormwater system, that includes pipes and catchbasins, are located within the right-of-way. No other utilities are located in the ROW. The stormwater system collects stormwater from the south and from the existing pond. The system extends to the north through private property and terminates in a swale on the Soil Conservation District property. The majority of the system is located on private property without easements. The property owner understands that the system will need to be relocated and/or easements provided in conjunction with future development of the property to the north and for the portion of the system lying in the ROW requested to be vacated. The proposed vacation would leave parcel numbers 35233.0203, 35233.0204 and the west side of parcel 35233.0101,which is the area outside of the borrow pit, without ROW access. All the adjacent property owners are owned by the Hamilton's and Jeff McCloskey. The properties could be reconfigured through a boundary line adjustment(BLA) or boundary line elimination (BLE)leaving the resulting properties with access, or an access easement provided. If access is provided to the vacant parcels the vacation is not expected to have impact on the general public as surrounding parcels currently do not use the right-of-way for access. 2. Whether the street or alley is no longer required for public use or public access? The subject right-of-way is unimproved and not being utilized for public access. The site is bordered by R-3 zoned property to the west and south, and Multifamily zoned property to the north. Immediate properties are vacant, while the outlying properties are developed with single family residential neighborhoods. The vacant properties will need access for future development. As situated sufficient access does not exist to allow for the division of parcel numbers 35233.0203 and 35233.0204. Access to the parcels is provided by Chronicle Road but further division into typical residential lots would require the construction of either public or private streets. In the absence of development plans staff recommends the City retain Chronical Road unless the properties are reconfigured or an easement is provided as discussed above. As indicated in the application all adjacent properties are owned by the Hamilton's and Jeff McCloskey and the BLA/BLE can be accomplished. Staff Report and Recommendation STV-2019-0005 Page 3 of 8 December 18,2019;Revised January 9,2020. Although no development plans have been provided as part of this application, the applicant has provided a concept plan that indicates a design for single family development with a reconfigured street plan on the adjacent properties and multifamily located to the north in the Multi-family Residential Zone. Currently the ROW is not needed for the existing development that takes access off 14th Avenue and 13th Avenue. 13th Avenue ends in a cul de sac preventing the extension of 13th Avenue. Access for future development would be required through any proposed platting activity. Since 13th Avenue and the alleyway are affected by the existing pond, and since 13th Avenue to the west ends in a cul-de-sac, which prevents the extension, both 13th Avenue and the alleyway could be vacated without impact. Parcel Numbers 35233.0101 and 35233.1402 would have access from both Carnahan Road and Chronicle Road. Although 12th Avenue is only 30' wide, the additional ROW could be obtained if needed at the time of future development of the northerly properties providing connectivity to the existing street grid. Assuming the north properties are developed with multifamily, 12th Avenue would allow for additional access points for increased traffic generated by the development. Staff recommends the City retain 12th Avenue ROW. 3. Whether the substitution of a new and different public way would be more useful to the public? Currently public access is not needed in this area because no properties utilize the right-of- way for access, and the properties adjacent to the unimproved right-of-way are owned by the Hamilton's and Jeff McCloskey. However, future development is dependent upon access being provided. Without a development plan it is not apparent if a new and different public way would be more useful to the public. An ingress/egress access easement could be provided to ensure access for parcel numbers 35233.0203 and 35233.0204 and/or a BLA or BLE could occur to ensure that all properties have access off of the remaining ROWs. Requiring a BLE to create a single parcel will resolve the access issue for the parcels. 12th Avenue is still necessary for connectivity and to support the multi-family development on the north parcels that is anticipated in the Comprehensive Plan. Staff recommends the City retain 12th Avenue to ensure adequate access to support future development. 4. Whether conditions may so change in the future as to provide a greater use or need than presently exists? Based on the comprehensive plan the site is designated as single family residential and zoned R-3 which allows for single family and duplex residential development. The property owner recently applied for a Comprehensive Plan Amendment to change the land use designation and zoning from single family residential to Multi-family residential in order to allow an increase in development density and multifamily development. The City Council declined to consider the request and removed it from the 2020 Annual Comprehensive Plan Docket, thereby halting further consideration of any land use designation change. It is anticipated that the adjacent properties will remain single family residential and require access for future development through a subdivision process. The current Chronicle Road ROW ensures that parcel number 35233.0203 and 35233.0204 have access for further development. The subdivision process would also ensure adequate access is provided as Staff Report and Recommendation STV-2019-0005 Page 4 of 8 December 18,2019;Revised January 9,2020. each lot created must have access to a public or private street. It is presumed that the property will develop into single family residential lots and access will be appropriately provided through the subdivision process consistent with Title 20, SVMC and the City of Spokane Valley Street Standards. As the parcels are currently configured, parcel numbers 35233.0203 and 35233.0204 require the use of Chronical Road ROW to ensure access. As discussed above a BLE will resolve the situation ensuring access. Also noted in the Background section the vacation of 13th Avenue ROW and the alleyway will have no apparent impact on the development of parcel numbers 35233.0101 and 35233.1402 due to the existing pond. The two parcels immediately to the north are zoned Multi-family and it is assumed that the property will develop as such. 12th Avenue provides a connection to Carnahan as well as a second connection to the parcels which are necessary to support the increased traffic generated from a multifamily project. Staff recommends that 12th Avenue is retained by the City to support future development of parcels to the north. 5. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public? No public comment has been received. The City's Stormwater Engineer noted that stormwater drainage facilities were located in the ROW and that the facilities would need to be relocated and/or placed within an easement. The City Engineer noted that Chronicle Road and 12th Avenue are required to provide access to the existing parcels, but that 13th Avenue and the alleyway could be vacated as they encroach on the wetland (old borrow pit). The analysis above notes that access issues can be resolved with a BLA or BLE, and that 12th Avenue should be retained to support high density development to the north. Staff recommends that the 12th Avenue ROW be retained by the City. Conclusions: The findings confirm criteria set forth in SVMC 22.140.030 have been met. B. COMPLIANCE WITH SVMC TITLE 21—ENVIRONMENTAL CONTROLS The Planning Division has reviewed the proposed project and has determined that the project is categorically exempt pursuant to WAC 197-11-800(2)(i) and SVMC 21.20.040 from environmental review under the provisions of the State Environmental Policy Act(SEPA). III. PUBLIC COMMENTS Findings: No public comments have been received following the notice of public hearing issued, mailed and posted on December 20, 2019. A Notice of Public Hearing sign was posted on the property December 20, 2019 in three separate locations and public hearing notices were mailed to all owners adjacent to the right-of-ways being Staff Report and Recommendation STV-2019-0005 Page 5 of 8 December 18,2019;Revised January 9,2020. vacated. Notices were posted in the Spokane Valley Public Library, City of Spokane Valley main reception area and CenterPlace Event Center on December 20, 2019. Lastly, the notice was published in the Spokane Valley Herald on December 20, 2019 and December 27, 2019. Conclusion(s): Staff concludes that adequate public noticing was conducted for STV-2019-0005 in accordance with adopted public noticing procedures. IV. AGENCY COMMENTS Notice was provided to agencies and service providers. Comments were received from the following agencies and are attached as exhibits to this staff report. Where necessary, comments have been incorporated into the recommended conditions of approval in Section V. Agency Received Comments Comments Dated City of Spokane Valley Public Works Yes Dec. 3, 2019 Spokane Valley Fire District No.1 Yes Dec. 16, 2019 Spokane County Environmental Services Yes Aug. 21, 2019 w/application Spokane Regional Health District No Avista Utilities Yes Dec. 2, 2019 Spokane Transit Authority No City of Spokane Valley Police No Department Century Link Yes Aug. 16, 2019 w/application Comcast Yes Aug. 20, 2019 w/application Spokane School District 81 No Carnhope Irrigation District No 7 and Yes Dec. 2, 2019 Consolidated Irrigation District#19 Aug. 26, 2019 - w/application Spokane County Division of Utilities Yes Dec. 16, 2019 Findings: Notice of application was routed to jurisdictional agencies, utilities, and public districts for review and comment. On December 3, 2019 comments were received from Bill Helbig (Spokane Valley City Engineer) which did not recommend the approval of the vacation of Chronicle Road and 12th Avenue due to the future need for residential development; Additional discussion noted that access concerns could be alleviated by the aggregation. It was recommended that the City retain the 12th Avenue ROW. The City Stormwater Engineer identified existing stormwater facilities and noted that the facilities would need to be relocated and/or placed in easements. It does appear that the property does not lie within a water service area. This will need to be resolved prior to any development. No other substantive agency comments have been received to date. Conclusion(s): Staff Report and Recommendation STV-2019-0005 Page 6 of 8 December 18,2019;Revised January 9,2020. Staff concludes that jurisdictional agencies, utilities, and or public districts have no concerns regarding the proposed street vacation for 13th Avenue, the alleyway lying in between 12th and 13th Avenue, and Chronicle Road so long as conditions are met; Staff concludes that the 12th Avenue ROW should be retained to support future high density development of the multifamily properties immediately to the north. V. OVERALL CONCLUSIONS AND FINDINGS (AMENDED 1-9-2020) Staff concludes that STV-2019-0005 as proposed is generally consistent, or will be made consistent, through the recommended conditions of approval based on the approval criteria stated herein. RECOMMENDATION: Approve the request to vacate 385 feet of an unimproved portion of 13th Avenue and the alleyway lying immediately to the north, and 491 feet of Chronicle Road subject to the following: 1. Initial work to satisfy conditions of the street vacation (File No. STV-2019-0005), including all conditions below shall be submitted to the City for review within 90 days following the effective date of approval by the City Council. 2. The vacated property shall be transferred into the abutting parcels (35233.0101 and 35233.1402, 35233.0203, 35233.0204 and 35233.1307, or as otherwise adjusted by a Boundary Line Elimination) as shown on the record of survey created and recorded with Spokane County Auditor's Office pursuant to condition 9. 3. All existing lots shall have access to a public street prior to finalization. A Boundary Line Elimination application shall be submitted to the City within 30 days of the effective date of approval that aggregates 35233.0101, 35233.0204 and 35233.0203. Additional parcels, including 35233.1402, may be included in the Boundary Line Elimination if desired by the applicant. The Boundary Line Elimination application shall combine the proposed lot elimination with the record of survey vacating portions of 13th Avenue, the adjacent alleyway, and Chronicle Road. The document must be recorded within 90 days of the effective date of approval. 4. The following easement and dedication are required. Submit recording number on record of survey and written documentation of easement for City verification. a. A drainage easement acceptable to the City of Spokane Valley for the existing stormwater facilities shall be provided..... b. The 100-foot cul-de-sac on Chronicle Road shall be dedicated to the City. bC.A 30-foot wide sewer easement, located 15 feet on either side of the center of the existing sewer man, acceptable to the City of Spokane for the existing sewer main if any portion of the main lies outside of a designated easement. 5. Following the City Council's passage of the Ordinance approving the street vacation, a record of survey of the area to be vacated, prepared by a registered surveyor in the State of Staff Report and Recommendation STV-2019-0005 Page 7 of 8 December 18,2019;Revised January 9,2020. Washington, including an exact metes and bounds legal description, and specifying any and all applicable easements for construction, repair and maintenance of existing and future utilities and services, shall be submitted by the proponent to the City Manager, or designee, for review. 6. The surveyor shall locate a monument at the intersection of the centerline of the vacated right- of-way with each street or right-of-way in accordance with the standards established by the SVSS. 7. All direct and indirect costs of title transfer of the vacated street from public to private ownership, including but not limited to, title company charges, copying fees, and recording fees shall be paid by the proponent. The City shall not and does not assume any financial responsibility for any direct or indirect costs for the transfer of title. 8. The zoning district designation of the properties adjoining the street to be vacated shall be automatically extended to the center of such vacation, and all area included in the vacation shall then and henceforth be subject to all regulations of the districts. The adopting Ordinance shall specify this zoning district extension inclusive of the applicable zoning district designations. 9. The record of survey and certified copy of the Ordinance shall be recorded by the City Clerk in the office of the Spokane County Auditor. 10. All conditions of City Council authorization shall be fully satisfied prior to any transfer of title by the City. Staff Report and Recommendation STV-2019-0005 Page 8 of 8 December 18,2019;Revised January 9,2020. or- i Imo:" _ • i r -,+.. 1 STREET VACATION �' ; ° of : • • ° 7 a• . 11 2 4 • . - --, ,., , . .. ,i ,. ..• . . , . . , , .., • • . , .- . , , „,„,,,,, ,,,,,,,, . . . . ., -• .1 l i.:1 11 o 12 , + , a' L III' N. • rn 454 .n �- , . � v won _. a XVV LU14 T 5"iA L'\73 -. .L i tti .. t_� -moi V. .. ... ° ... U J. QF j _ • 9. 4,-0 . i ` , 'W . z z Project en —p.._ lei ---0D —) RECEIVED L OCT 032019 N COSV PERMIT CENTER SUB #1 I REV. #I I 1,1 a, W E , E, N S F- U O o F1ROJDATE #: B,16/1 1 CARNAHAN WEST 3 DATE: OB!1 6/1 9 VICINITY M A P AIA-ICE DRAWN: S M M STREET VACATION o REVIEWED: TRW SCALE: NTS SPOKANE VALLEY, WASHINGTON WHIPPLE CONSULTING ENGINEERS CIVIL AND TRANSPORTATION ENGINEERING s 321 SOUTH PINES ROAD EX-1EX- 1 SPOKANE VALLEY WASHINGTON 99206 u-- PH 509-893-2617 FAX 509-926-0227 ;TVACATION APPLICATION 2361 Sjoi ' "1 .1r- VE D Valley''. 10210 E Sprague Avenue ♦ Spokane Valley WA 99206 OCT 0 3 2019 Phone: (509)720-5240 ♦ Fax: (509)720-5075 ♦perrniteenter@,spokanevalley.org 000V f ERMIT CENTER STAFF USE ONLY SUB#1 I REV. # Date Submitted: t7/33 b9 Received by: 'VT7 Fee: 4(47.(6/12,0 PLUS #: fit File#: 4 -2M 5 PART I - REQUIRED MATERIAL **THE APPLICATION WILL NOT BE ACCEPTED IF THE REQUIRED MATERIALS ARE NOT PROVIDED** Completed Application Form [1/4►pplication Fee D4oice of Application Packet (17.80.110)—Adjacent Property(ies) ritten Narrative—A written narrative describing the reasons for the proposed street vacation, the physical imits of the proposed street vacation and the public benefit of the proposed street vacation. t�Written Correspondence from Utility Purveyors (XTelephone X Cable Electric Other(Specify)_ (XWater District X Fire District X Gas Utility X Sewer Utility icinity Map—Submit a map showing the general area of the proposed vacation ecord of Survey, if available, for the subject street and/or alley proposed for vacation, and abutting properties, streets and alleys within 100 feet on all sides of the proposed vacation. ❑ Written Evidence of all easements, allowances or reservations, if available, pertaining to the street and/or alley proposed for vacation. PART II - APPLICATION INFORMATION APPLICANT NAME: WHIPPLE CONSUTLING ENGINEERS, TODD R. WHIPPLE, PE MAILING ADDRESS: SOUTH 21 PINES ROAD CITY: SPOKANE VALLEY STATE: WA , ZIP: 99206 PHONE: (509)893-2617 FAX: CELL: EMAIL: TODDW@WHIPPLECE.COM PROPERTY OWNER No. 1: TOM AND MICHELLE HAMILTON MAILING ADDRESS: 9212 E. MONTGOMERY AVE, STE 604 CITY: SPOKANE VALLEY STATE: WA ZIP: 99206 PL-15 V1.0 Page 1 of PHONE: FAX: CELL: EMAIL: PROPERTY OWNER No. 2: Jeff McCloskey MAILING ADDRESS: 9708 N. Nevada St CITY: SPOKANE STATE: WA ZIP: 99218 PHONE: FAX: CELL: EMAIL: If more than two(2)abutting property owners, include information and written authorization on a separate sheet of paper for each. NAME OF STREET/ALLEY TO BE VACATED: 12TH AVE., 13TH AVE., CHRONICLE RD., ALLEY (PUBLIC) DIMENSIONS OF STREET/ALLEY TO BE VACATED: 12th AVE=30' WIDE, 13TH AVE=60' WIDE, CHRONICAL RD=60' WIDE, &ALLEY 12' WIDE SQUARE FEET OF STREET/ALLEY TO BE VACATED: 1.58 ACRES ABUTTING TAX PARCEL NO(s).: 35230101,1.1307, .1402, .0203, .0204, .9190, .9189 ADDRESSES OF ABUTTING PARCELS: UNASSIGNED, 4900 E. 23TH AVE, &910 S. CARNAHAN RD. ZONING DESIGNATION: R3 AND MF THE FOLLOWING IS CRITERIA EVALUATED BY THE PLANNING COMMISSION IN FORMULATING A RECOMMENDATION TO THE CITY COUNCIL. ON A SEPARATE SHEET OF PAPER THE FOLLOWING QUESTIONS SHALL BE ANSWERED IN A DETAILED MANNER; 1. How DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? 2. IS THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. 3. WOULD SUBSTITUTION OFA NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY)? 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES(SPECIFY)? PLEASE NOTE: PER RCW 35.79.040(TITLE TO VACATED STREET/ALLEY),THE PROPERTY WITHIN A PUBLIC STREET OR ALLEY VACATED BY THE CITY COUNCIL SHALL BELONG TO THE ABUTTING PROPERTY OWNERS, ONE-HALF(1/2)TO EACH. THEREFORE, PROPERTY OWNER SHALL BE REQUIRED TO SIGN THE STREET VACATION APPLICATION.PER RESOLUTION 07-009 OF THE CITY OF SPOKANE VALLEY,THE CITY COUNCIL HAS THE AUTHORITY TO IMPOSE CHARGES FOR STREET/ALLEY VACATION PURSUANT TO RCW 36.79.030 PL-15 V1.0 Page 3 of PART III - AUTHORIZATION (Signature of owner or authorized representative) I, Susan M. Moss , (print name) swear or affirm that the above responses are made truthfully and to the best of my knowledge. (Si //4" g ture) / DDat 't ) NOTARY STATE OF WASHINGTON) ss: COUNTY OF SPOKANE ) , SUBSCRIBED AND SWORN to before me this -1 � day of OC:\,,( GI ✓ , 20 I NOT„ARYI'SW //-/ • � • �c, • A'Y S e- ` A U Q ' Jew �g •• 0QIP Notary Public in and f.r the State of Washington • _ • AP ti, 10 � �O �.• .y0 • z = .• op�1 ' •: o ^ Residing at: *41. C 41 S. .•• y�'.�� P hilt',' STATE 1Cl* ``````. My appointment expires: 1C3l I Z_- ZO LEGAL OWNER NO. 1 AUTHORIZATION: If the//a icant is not the legal owner(s), the owner must provide the following acknowledgement; /,10 J /'N/ i owner of the above describedrodo P pe rtY hereby authorize Whipple Consulting Engineers to represent me and my interests in all matters regarding this application. LEGAL OWNER NO. 2 AUTHORIZATION: If the applicant is not the legal owner(s), the owner must provide the following acknowledgement; l , owner of the above described property do hereby authorize Whipple Consulting Engineers to represent me and my interests in all matters regarding this application. PL-15 V1.0 Page 4 of All, Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a project located on and near 910 S. Carnahan Rd in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Best regards, Susan Moss, ASLA Project # V '�ln Landscape Archtect RECEIVED 509-893-2617 'VY OCT 032019 COSY PERMIT CENTER Whipple Consulting Engineers SUB # REV. # VCE provdes 6N+d Doyeopmcnt saw os in rho 606p+wag mess.Land Swvern ,Cin, $truCtu rand Trek Erm rieermy.Land Prsnkrig and Landscape Ncrwecrwe. J:tnh peen ROid•%eek.cv*der.WA 09%,' vensvielT con+ This communication is the property of CenturyLink and may contain confidential or privileged information. Unauthorized use of this communication is strictly prohibited and may be unlawful. If you have received this communication in error, please immediately notify the sender by reply e-mail and destroy all copies of the communication and any attachments. 2 Susan Moss From: Lacambra, Aitor <Aitor.Lacambra@CenturyLink.com> Sent: Friday, August 16, 2019 1:45 PM To: Susan Moss Subject: FW: 2361and 2361street/Alley vacation request on 12 th and Carnahan Rd. Attachments: 2161 and 2361.pptx Susan, Attached is our cable Map for that area it appears all our cables run along S Carnahan in the ROW. Nothing crossing your properties. Thank you Aitor Lacambra Engineer II 904 N Columbus St. Spokane WA 99202 Office: 509-835-4605, Mobile: 509-701-0728 Aitor.Lacambra(a centurylink.com CenturyLink- ea CenturyLink. ILII VETS From:Welch, Mark<Mark.Welch@CenturyLink.com> Sent: Friday, August 16, 2019 1:09 PM To: Lacambra, Aitor<Aitor.Lacambra@CenturyLink.com> Subject: FW: 2361street/Alley vacation request on 12 th and Carnahan Rd. Mark Welch Engineer II 904 N. Columbus St., Spokane, WA, 99202 tel: 509.835.4604 cell: 509.703.2705 mark.welch c(r7centurylink.com : CenturyLink. From:Susan Moss<smoss@whipplece.com> Sent: Friday,August 16, 2019 11:48 AM To: Welch, Mark<Mark.Welch@CenturyLink.com>; Shane Sheppard (consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net>; spokane valley fire (inspectionst spokanevalleyfire.com) <inspections@spokanevalleyfire.com>; robb.koschalk@avistacorp.com; CKnudson@spokanecounty.org Subject: 2361street/Alley vacation request on 12 th and Carnahan Rd. 1 -FL - - Aft ,. t"'S ' *lb . . �4 w4""" .I ',_ ,,,, 'paik. arrg�,,�� ' ' ' _i ti a I 4 "1'-1Pr'' *.. 'I"Sers,Ace.„- - ''7- 4lif'% ‘ 11. 1. i„,* 11, ."'" ' i 40.. 4 IR r .16, .,P, Pftigoileo ,4,, OM: . '- ' ' ' ., .1"Iji1P110 -.1 ' - • . , a t . ' li .-' — --.4.- ,. it,. - 4 . t, r w •r Century Link has no cables crossing this '��#.• s " ° tib p r tit?* ilif �, _ property. All our cables are in the ROW ` uStLq ,�T. A. ""',:-t* r a f... „_•. on S Carnahan Rarer v��. �. iiii 1 '—'" ,, -447, — , , •,,mr ,-. „ , - -*-...ft ,....*111k.' . 1‘7789er-V 4/20? , . if - 111 ,• ,:iii, '.t1' „4"' ' .' ;'-14-------"—::'''•- ' '-7: i''' iffits.,.. , , i• .-.i.44* %III �.. • ''4", i $ • 1,.t,} 1 n�. ' kJai 121 . -..-...4,° CI p, .r.., 4 , ... •) / *IPA • bk.—ir 4. e 4,4 COMCAST August 20, 2019 Planning& Development Services 808 W. Spokane Falls Blvd. Spokane, WA 99201 RE: Vacation of right of Way. Freemont Park Addition Blocks 1-7 Comcast has reviewed the vacation request. We have no objections to the vacation. If you have any questions please call. Since4,.., & Bryan Richardson Contractor Coordinator for Comcast Cable, Spokane (509)755-4717 1717 E Buckeye Spokane,WA 99207 www.comcastcorporation.corn Susan Moss From: Knudson, Chris <CKnudson@spokanecounty.org> Sent: Wednesday, August 21, 2019 1:21 PM To: Susan Moss Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Here is the verdict. Chris From:Stiltz, Mark Sent: Monday,August 19, 2019 2:34 PM To: Knudson, Chris<CKnudson@spokanecounty.org> Cc: Repp, Gene<GRepp@spokanecounty.org> Subject: RE: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST City of Spokane sewer service area. No objections. Mark Stiltz Environmental Services Dept. (509)477-7469 Please take a moment to answer 5 questions about your most recent interaction with our department. Thank you. http:i/www.spokanecounty.orgiESSurvey From: Knudson, Chris Sent: Monday, August 19, 2019 12:55 PM To:Stiltz, Mark<MStiltz@spokanecounty.org> Cc: Repp, Gene<GRepp@spokanecounty.org> Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Another vacation. We can chat on Wednesday if needed at the development meeting. Chris From:Susan Moss (mailto:smoss@whipplece.com] Sent: Friday, August 16, 2019 12:57 PM To: mark.welch@centurylink.com; Shane Sheppard (consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net>; inspections@spokanevalleyfire.com; robb.koschalk@avistacorp.com; Knudson, Chris<CKnudson(a spokanecounty.org> Cc: Save<save@whipplece.com> Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST To all Utilities, This is a second Street/Alley Vacation.... 1 Attached are pdfs showing the vicinity map and an exhibit of a proposed street/alley vacation we are proposing for a project located on and near 910 S. Carnahan Rd in Spokane Valley. Can you please provide correspondence regarding this vacation on if your business has an issue with the vacation or not and what the issues may be. Can you also send any easement documents, if there is an easement within 100' of the vacations. This correspondence will be submittal to the City of Spokane with our street vacation packet. Please contact me if you have any questions. Thank you for your help. Best regards, Susan Moss, ASLA Landscape Archtect 509-893-2617 IWC E .A1h+pplc Consulting Engineors WCE provnIcs c vW Doveciprtkr+r sory ces rn(he tcooknng ureas.Lad Survey:tg.Civil'. $bucf'.J argr TrurErxgrreenrg,L rtd Paarvirog,vkl L.VHdSc&.ArcrW crure n S+.urn a..rt ae,.n.Sxb+n vn*+r,,WI. W horleer co... 2 NE V o:,ACC1pRO Pursuing Excellence Os" 401110b. tr� _$ CHU BRYAN COLLINS, FIRE CHIEF ruts 1)1 P! ?pts 20* 2120 N.Wilbur Spokane Valley,WA 99206 (509)928-1700 Main August 26, 2019 (509)892-4125 Fax spokanevalleyfire.com RE: Street Vacation 12th Avenue east of Carnahan Road Chronicle Road & 12th/13th Avenue west of Carnahan Road The Spokane Valley Fire Department has completed a review of the preliminary submittal for the proposed street vacations and has no comments. If there are any questions please do not hesitate to call. Sincerely, i cry-� jia/7 (y Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Susan Moss From: consolidatedirrigation@comcast.net Sent: Monday, August 26, 2019 9:33 AM To: Susan Moss Subject: RE: 2161street/Alley vacation request on 12th and Carnahan Rd. A 2ND REQUEST Susan, The following Street Vacation projects are within Carnhope Irrigation District#7. (509) 536-9180 Thanks, SHANE SHEPPARD consolidatedirrigation@comcas t.net tiCONSOLIDATED IRRIGATION DISTRICT 19 Phone: (509) 924-1855 From:Susan Moss<smoss@whipplece.com> Sent: Monday, August 26, 2019 9:28 AM To: Shane Sheppard (consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net> Subject: FW: 2161street/Alley vacation request on 12 th and Carnahan Rd. A 2ND REQUEST Hi Shane, Welcome back from vacation. Can you please review these projects and send comments to me for 2 separate street vacation projects? Thanks for your help. Best regards, Susan Moss,ASLA Landscape Archtect 509-893-2617 __ISIV C E Whipple Consulting Engine.:• INCE protides Land DMelppmpnl seNKes m the latriwtg Gess./cod Surveying.Cin. Sducftn and Trafc Enga ecnn9.LAM Pannev rind landscve Arc slecfure. From:Susan Moss Sent: Friday, August 16, 2019 12:57 PM To: mark.welch@centurylink.com; Shane Sheppard (consolidatedirrigation@comcast.net) <consolidatedirrigation@comcast.net>; inspections@spokanevalleyfire.com; robb.koschalk@avistacorp.com; NAIBlack Black Commercial, Inc. ©Commercial Brokers cm 801 W. Riverside Ave Suite 300 Association Spokane,WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS 1A Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 1 of 13 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT This has been prepared for submission to your attorney for review and approval prior to signing.No representation is made by licensee as to its sufficiency or tax consequences Reference Date: 9-30 , 20 19 McCloskey Construction Inc. ("Buyer")agrees to buy and David A Black("Seller")agrees to sell, on the following terms, the commercial real estate and all improvements thereon (collectively, the"Property")commonly known as 910 S Carnahan rd. in the City of Spokane Valley , Spokane County, Washington, 99212 , legally described on attached Exhibit A. The Reference Date above is intended to be used to reference this Agreement and is not the date of"Mutual Acceptance,"which is defined in Section 23. 1. PURCHASE PRICE. The purchase price is Three Hundred Seventy five Thousand Dollars ($375.000 ) payable as follows(check only one): EI All cash at closing with no financing contingency. ❑All cash at closing contingent on new financing in accordance with the Financing Addendum (attach CBA Form PS_FIN). ❑$ OR %of the purchase price in cash at closing with the balance of the purchase price paid as follows (check one or both, as applicable): 0 Buyer's assumption of the outstanding principal balance as of the Closing Date of a first lien note and deed of trust(or mortgage), or real estate contract, in accordance with the Financing Addendum (attach CBA Form PS_FIN); 0 Buyer's delivery at closing of a promissory note for the balance of the purchase price, secured by a deed of trust encumbering the Property, in accordance with the Financing Addendum (attach CBA Form PS_FIN ). ❑Other: 2. EARNEST MONEY. The earnest money in the amount of$ 5,000 shall be in the form of 0 Cash ®Personal check ❑Promissory note(attached CBA Form EMN) ❑Other: The earnest money shall be held by 0 Selling Firm IT Closing Agent. Selling Broker may, however, transfer the earnest money to Closing Agent. Buyer shall deliver the earnest money no later than: ❑ 5 days after Mutual Acceptance. ❑On the last day of the Feasibility Period defined in Section 5 below. ❑Other: If the earnest money is to be held by Selling Firm and is over$10,000, it shall be deposited to: 0 Selling Firm's pooled trust account(with interest paid to the State Treasurer) ❑A separate interest bearing trust account in Selling Firm's name. The interest, if any, shall be credited at closing to Buyer. If this sale fails to close,whoever is entitled to the earnest money is entitled to interest. Selling Firm shall deposit any check to be held by Selling Firm within 3 days after receipt or Mutual Acceptance,whichever occurs later. Buyer agrees to pay financing and purchase costs incurred by Buyer. Unless otherwise provided in this Agreement, the earnest money shall be applicable to the purchase price. 3. EXHIBITS AND ADDENDA. The following Exhibits and Addenda are made a part of this Agreement: INITIALS: Buyer —(' Date i — ' I`I Seller Date -3 6 t C( Buyer Date Seller Date N/JIBlack Black Commercial, Inc. ©Commercial Brokers 801 W. Riverside Ave Suite 300 Association Spokane, WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS to Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 2 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) ®Exhibit A-Legal Description ❑Earnest Money Promissory Note, CBA Form EMN 0 Promissory Note, LPB Form No. 28A ❑Short Form Deed of Trust, LPB Form No. 20 ❑Deed of Trust Rider, CBA Form DTR ❑Utility Charges Addendum, CBA Form UA ❑FIRPTA Certification, CBA Form 22E 0 Assignment and Assumption, CBA Form PS-AS ❑Addendum/Amendment, CBA Form PSA 0 Back-Up Addendum, CBA Form BU-A ❑Vacant Land Addendum, CBA Form VLA ❑Financing Addendum, CBA Form PS_FIN 0 Tenant Estoppel Certificate, CBA Form PS_TEC 0 Defeasance Addendum, CBA Form PS_D 0 Other 4. SELLER'S UNDERLYING FINANCING. Unless Buyer is assuming Seller's underlying financing, Seller shall be responsible for confirming the existing underlying financing is not subject to any"lock out"or similar covenant which would prevent the lender's lien from being released at closing. In addition, Seller shall provide Buyer notice prior to the end of the Feasibility Period if Seller is required to substitute securities for the Property as collateral for the underlying financing (known as"defeasance"). If Seller provides this notice of defeasance to Buyer, then the parties shall close the transaction in accordance with the process described in CBA Form PS_D or any different process identified in Seller's defeasance notice to Buyer. 5. FEASIBILITY CONTINGENCY. Buyer's obligations under this Agreement are conditioned upon Buyer's satisfaction in Buyer's sole discretion, concerning all aspects of the Property, including its physical condition; the presence of or absence of any hazardous substances;the contracts and leases affecting the property;the potential financial performance of the Property; the availability of government permits and approvals; and the feasibility of the Property for Buyer's intended purpose. This Agreement shall terminate and Buyer shall receive a refund of the earnest money unless Buyer gives written notice to Seller within 0 days(30 days if not filled in) (the"Feasibility Period")of Mutual Acceptance stating that this condition is satisfied. If such notice is timely given, the feasibility contingency stated in this Section 5 shall be deemed to be satisfied. a. Books, Records, Leases, Agreements. Seller shall make available for inspection by Buyer and its agents within 0 days (2 days if not filled in)after Mutual Acceptance all documents in Seller's possession or control relating to the ownership, operation, renovation or development of the Property, excluding appraisals or other statements of value, and including: statements for real estate taxes, assessments, and utilities for the last three years and year to date; property management agreements and any other agreements with professionals or consultants; leases or other agreements relating to occupancy of all or a portion of the Property and a suite-by-suite schedule of tenants, rents, prepaid rents, deposits and fees; plans, specifications, permits, applications, drawings, surveys, and studies; maintenance records, accounting records and audit reports for the last three years and year to date;and "Vendor Contracts" which shall include maintenance or service contracts, and installments purchase contracts or leases of personal property or fixtures used in connection with the Property. Buyer shall determine within the Feasibility Period: (i)whether Seller will agree to terminate any objectionable Vendor Contracts; and (ii) whether Seller will agree to pay any damages or penalties resulting from the termination of objectionable Vendor Contracts. Buyer's waiver of the Feasibility Contingency shall be deemed Buyer's acceptance of all Vendor Contracts which Seller has not agreed in writing to terminate. Buyer shall be solely responsible for obtaining any`required consents to such assumption and the payment of any assumption fees. Seller shall INITIALS: Buyer A -- Date g r3 d `1q 7 0 c Seller ---072) Date ! ' 7 r 1 Buyer Date Seller Date N,jiBlack Black Commercial, Inc. ©Commercial Brokers me 801 W. Riverside Ave Suite 300 Association Spokane,WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form' PS 1A Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 3 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) cooperate with Buyer's efforts to receive any such consents but shall not be required to incur any out-of- pocket expenses or liability in doing so. Seller shall transfer the Vendor Contracts as provided in Section 17. b. Access. Seller shall permit Buyer and its agents, at Buyer's sole expense and risk to enter the Property at reasonable times subject to the rights of and after legal notice to tenants, to conduct inspections concerning the Property and improvements, including without limitation, the structural condition of improvements, hazardous materials, pest infestation, soils conditions, sensitive areas, wetlands, or other matters affecting the feasibility of the Property for Buyer's intended use. Buyer shall schedule any entry onto the Property with Seller in advance and shall comply with Seller's reasonable requirements including those relating to security, confidentiality, and disruption of Seller's tenants. Buyer shall not perform any invasive testing including environmental inspections beyond a phase I assessment or contact the tenants or property management personnel without obtaining the Seller's prior written consent, which shall not be unreasonably withheld. Buyer shall restore the Property and improvements to the same condition they were in prior to inspection. Buyer shall be solely responsible for all costs of its inspections and feasibility analysis and has no authority to bind the Property for purposes of statutory liens. Buyer agrees to indemnify and defend Seller from all liens, costs, claims, and expenses, including attorneys'and experts' fees, arising from or relating to entry onto or inspection of the Property by Buyer and its agents.This agreement to indemnify and defend Seller shall survive closing. Buyer may continue to enter the Property in accordance with the foregoing terms and conditions after removal or satisfaction of the feasibility contingency only for the purpose of leasing or to satisfy conditions of financing. c. Buyer waives the right to receive a seller disclosure statement("Form 17-Commercial")if required by RCW 64.06. However, if Seller would otherwise be required to provide Buyer with a Form 17-Commercial, and if the answer to any of the questions in the section of the Form 17-Commercial entitled "Environmental" would be"yes,"then Buyer does not waive the receipt of the"Environmental"section of the Form 17- Commercial which shall be provided by Seller. 6. TITLE INSURANCE. a. Title Report. Seller authorizes Buyer, its Lender, Listing Broker, Selling Broker or Closing Agent, at Seller's expense, to apply for and deliver to Buyer a ®standard ❑extended (standard, if not completed) coverage owner's policy of title insurance. Buyer shall pay the increased costs associated with an extended policy including the excess premium over that charged for a standard coverage policy, and the cost of any survey required by the title insurer. The title report shall be issued by First American Title (a title company of Seller's choice, if not completed). If Seller previously received a preliminary commitment from a title insurer that Buyer declines to use, Buyer shall pay any cancellation fee owing to the original title insurer. Otherwise, the party applying for title insurance shall pay any title cancellation fee, in the event such a fee is assessed. b. Permitted Exceptions. Buyer shall notify Seller of any objectionable matters in the title report or any supplemental report within the earlier of: (1)twenty (20)days after Mutual Acceptance of this Agreement; or(2)the expiration of the Feasibility Period. This Agreement shall terminate and Buyer shall receive a refund of the earnest money, less any costs advanced or committed for Buyer, unless within five (5)days of Buyer's notice of such objections (1) Seller agrees, in writing, to remove all objectionable provisions or (2) Buyer notifies Seller that Buyer waives any objections which Seller does not agree to remove. If any new title matters are disclosed in a supplemental title report, then the preceding termination, objection and waiver provisions shall apply to the new title matters except that Buyer's notice of objections must be delivered within five (5)days of delivery of the supplemental report and Seller's response or Buyer's waiver must be delivered within two(2)days of Buyer's notice of objections. The closing date shall be extended to INITIALS: Buyer Date -I<1 SellerCj <s Buyer 1f� Date t —� '- Date Seller Date N/1IBlack Black Commercial, Inc. ©CommerAssocokers cse 801 W. Riverside Ave Suite 300 Association Spokane, WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS 1A Fax: 509-622-3500 Purchase 8 Sale Agreement Rev.1/2011 Page 4 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) the extent necessary to permit time for these notices. Buyer shall not be required to object to any mortgage or deed of trust liens, or the statutory lien for real property taxes, and the same shall not be deemed to be Permitted Exceptions; provided, however, that the lien securing any financing which Buyer has agreed to assume shall be a Permitted Exception. Except for the foregoing, those provisions not objected to or for which Buyer waived its objections shall be referred to collectively as the"Permitted Exceptions." Seller shall cooperate with Buyer and the title company to clear objectionable title matters but shall not be required to incur any out-of-pocket expenses or liability other than payment of monetary encumbrances not assumed by Buyer and proration of real property taxes, and Seller shall provide an owner's affidavit containing the information and reasonable covenants requested by the title company.The title policy shall contain no exceptions other than the General Exclusions and Exceptions common to such form of policy and the Permitted Exceptions. 7. CLOSING OF SALE. The sale shall be closed on 10-21-2019 , ("Closing")by First American Title ("Closing Agent") (Seller shall select the Closing Agent, if not completed). Buyer and Seller shall deposit with Closing Agent by 12:00 p.m. on the scheduled Closing date all instruments and monies required to complete the purchase in accordance with this Agreement. "Closing"shall be deemed to have occurred when the deed is recorded and the sale proceeds are available to Seller. Time is of the essence in the performance of this Agreement. Sale proceeds shall be considered available to Seller, even though they cannot be disbursed to Seller until the next business day after Closing. Notwithstanding the foregoing, if Seller informed Buyer during the Feasibility Period that Seller's underlying financing requires that it be defeased and may not be paid off, then Closing shall be conducted in accordance with the three-day closing process described in CBA Form PS_D. This Agreement is intended to constitute escrow instructions to Closing Agent. Buyer and Seller will provide any supplemental instructions requested by Closing Agent provided the same are consistent with this Agreement. 8. CLOSING COSTS AND PRORATIONS. Seller shall deliver an updated rent roll to Closing Agent not later than two(2)days before the scheduled Closing date in the form required by Section 5(a)and any other information reasonably requested by Closing Agent to allow Closing Agent to prepare a settlement statement for Closing. Seller certifies that the information contained in the rent roll is correct as of the date submitted. Seller shall pay the premium for the owner's standard coverage title policy. Buyer shall pay the excess premium attributable to any extended coverage or endorsements requested by Buyer, and the cost of any survey required in connection with the same. Seller and Buyer shall each pay one-half of the escrow fees.Any real estate excise taxes shall be paid by the party who bears primary responsibility for payment under the applicable statute or code. Real and personal property taxes and assessments payable in the year of closing; collected rents on any existing tenancies; interest; utilities; and other operating expenses shall be pro-rated as of Closing. If tenants pay any of the foregoing expenses directly, then Closing Agent shall only pro rate those expenses paid by Seller. Buyer shall pay to Seller at Closing an additional sum equal to any utility deposits or mortgage reserves for assumed financing for which Buyer receives the benefit after Closing. Buyer shall pay all costs of financing including the premium for the lender's title policy. If the Property was taxed under a deferred classification prior to Closing, then Seller shall pay all taxes, interest, penalties, deferred taxes or similar items which result from removal of the Property from the deferred classification. At Closing, all refundable deposits on tenancies shall be credited to Buyer or delivered to Buyer for deposit in a trust account if required by state or local law. Buyer shall pay any sales or use tax applicable to the transfer of personal property included in the sale. a. Unpaid Utility Charges. Buyer and Seller ®WAIVE ❑DO NOT WAIVE (do not waive if neither box checked)the right to have the Closing Agent disburse closing funds necessary to satisfy unpaid utility charges affecting the Property pursuant to RCW 60.80. If"do not waive"is checked, then attach CBA Form UA("Utility Charges"Addendum)to this Agreement. INITIALS: Buyer Date — `' I Seller —ID1' Date _/ —? C — IS Buyer Date Seller Date ly/'.BIack Black Commercial, Inc. Commercial Brokers mer� 801 W. Riverside Ave Suite 300 Association Spokane, WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS 1A Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 5 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE& SALE AGREEMENT (CONTINUED) 9. POST-CLOSING ADJUSTMENTS, COLLECTIONS, AND PAYMENTS. After Closing, Buyer and Seller shall reconcile the actual amount of revenues or liabilities upon receipt or payment thereof to the extent those items were prorated or credited at Closing based upon estimates.Any bills or invoices received by Buyer after Closing which relate to services rendered or goods delivered to the Seller or the Property prior to Closing shall be paid by Seller upon presentation of such bill or invoice. At Buyer's option, Buyer may pay such bill or invoice and be reimbursed the amount paid plus interest at the rate of 12% per annum beginning fifteen (15) days from the date of Buyer's written demand to Seller for reimbursement until such reimbursement is made. Notwithstanding the foregoing, if tenants pay certain expenses based on estimates subject to a post-closing reconciliation to the actual amount of those expenses, then Buyer shall be entitled to any surplus and shall be liable for any credit resulting from the reconciliation. Rents collected from each tenant after Closing shall be applied first to rentals due most recently from such tenant for the period after closing, and the balance shall be applied for the benefit of Seller for delinquent rentals owed for a period prior to closing. The amounts applied for the benefit of Seller shall be turned over by Buyer to Seller promptly after receipt. Seller shall be entitled to pursue any lawful methods of collection of delinquent rents but shall have no right to evict tenants after Closing. 10. OPERATIONS PRIOR TO CLOSING. Prior to Closing, Seller shall continue to operate the Property in the ordinary course of its business and maintain the Property in the same or better condition than as existing on the date of Mutual Acceptance but shall not be required to repair material damage from casualty except as otherwise provided in this Agreement. After the Feasibility Period, Seller shall not enter into or modify existing rental agreements or leases (except that Seller may enter into, modify, extend, renew or terminate residential rental agreements or residential leases in the ordinary course of its business), service contracts, or other agreements affecting the Property which have terms extending beyond Closing without first obtaining Buyer's consent,which shall not be unreasonably withheld. 11. POSSESSION. Buyer shall be entitled to possession ®on closing ❑ (on closing, if not completed). Buyer shall accept possession subject to all tenancies disclosed to Buyer during the Feasibility Period. 12. SELLER'S REPRESENTATIONS. Except as disclosed to or known by Buyer prior to the satisfaction or waiver of the feasibility contingency stated in Section 5 above, including in the books, records and documents made available to Buyer, or in the title report or any supplemental report or documents referenced therein, Seller represents to Buyer that, to the best of Seller's actual knowledge, each of the following is true as of the date hereof: (a) Seller is authorized to enter into the Agreement, to sell the Property, and to perform its obligations under the Agreement; (b)The books, records, leases, agreements and other items delivered to Buyer pursuant to this Agreement comprise all material documents in Seller's possession or control regarding the operation and condition of the Property; (c)Seller has not received any written notices that the Property or the business conducted thereon violate any applicable laws, regulations, codes and ordinances; (d)Seller has all certificates of occupancy, permits, and other governmental consents necessary to own and operate the Property for its current use; (e)There is no pending or threatened litigation which would adversely affect the Property or Buyer's ownership thereof after Closing; (f)There is no pending or threatened condemnation or similar proceedings affecting the Property, and the Property is not within the boundaries of any planned or authorized local improvement district; (g)Seller has paid (except to the extent prorated at Closing)all local, state and federal taxes (other than real and personal property taxes and assessments described in Section 8 above)attributable to the period prior to closing which, if not paid, could constitute a lien on Property (including any personal property), or for which Buyer may be held liable after Closing; (h)Seller is not aware of any concealed material defects in the Property except as disclosed to Buyer in writing during the Feasibility Period; (i)There are no Hazardous Substances (as defined below)currently located in, on, or under the INITIALS: Buyer � Date cis- �'t Seller � Date _7 U-- (c) Buyer Date Seller Date NAIBlack Black Commercial, Inc. ©CommerAssocokers 801 W. Riverside Ave Suite 300 Association �p'i Spokane, WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS 1A Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 6 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE& SALE AGREEMENT (CONTINUED) Property in a manner or quantity that presently violates any Environmental Law(as defined below); there are no underground storage tanks located on the Property; and there is no pending or threatened investigation or remedial action by any governmental agency regarding the release of Hazardous Substances or the violation of Environmental Law at the Property. As used herein, the term"Hazardous Substances"shall mean any substance or material now or hereafter defined or regulated as a hazardous substance, hazardous waste, toxic substance, pollutant, or contaminant under any federal, state, or local law, regulation, or ordinance governing any substance that could cause actual or suspected harm to human health or the environment ("Environmental Law"). The term "Hazardous Substances"specifically includes, but is not limited to, petroleum, petroleum by-products, and asbestos. If prior to Closing Seller or Buyer discovers any information which would cause any of the representations above to be false if the same were deemed made as of the date of such discovery, then the party discovering the same shall promptly notify the other party in writing. If the newly-discovered information will result in costs or liability to Buyer in excess of the lesser of$100,000 or five percent(5%)of the purchase price stated in this Agreement, or will materially adversely affect Buyer's intended use of the Property, then Buyer shall have the right to terminate the Agreement and receive a refund of its earnest money. Buyer shall give notice of termination within five (5)days of discovering or receiving written notice of the new information. Nothing in this paragraph shall prevent Buyer from pursuing its remedies against Seller if Seller had actual knowledge of the newly-discovered information such that a representation provided for above was false. 13. AS-IS. Except for those representations and warranties specifically included in this Agreement: (i)Seller makes no representations or warranties regarding the Property; (ii) Seller hereby disclaims, and Buyer hereby waives, any and all representations or warranties of any kind, express or implied, concerning the Property or any portion thereof, as to its condition, value, compliance with laws, status of permits or approvals, existence or absence of hazardous material on site, occupancy rate or any other matter of similar or dissimilar nature relating in any way to the Property, including the warranties of fitness for a particular purpose, tenantability, habitability and use; (iii) Buyer otherwise takes the Property"AS IS;"and (iv) Buyer represents and warrants to Seller that Buyer has sufficient experience and expertise such that it is reasonable for Buyer to rely on its own pre-closing inspections and investigations. 14. PERSONAL PROPERTY. a. This sale includes all right, title and interest of Seller to the following tangible personal property: ®None ❑That portion of the personal property located on and used in connection with the Property, which Seller will itemize in an Exhibit to be attached to this Agreement within ten (10)days of Mutual Acceptance (None, if not completed). The value assigned to the personal property shall be$ (if not completed, the County-assessed value if available, and if not available, the fair market value determined by an appraiser selected by the Listing Broker and Selling Broker). Seller warrants title to, but not the condition of, the personal property and shall convey it by bill of sale. b. In addition to the leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)above, this sale includes all right, title and interest of Seller to the following intangible property now or hereafter existing with respect to the Property including without limitation: all rights-of-way, rights of ingress or egress or other interests in, on, or to, any land, highway, street, road, or avenue, open or proposed, in, on, or across, in front of, abutting or adjoining the Property; all rights to utilities serving the Property; all drawings, plans, specifications and other architectural or engineering work product; all governmental permits, certificates, licenses, authorizations and approvals; all rights, claims, causes of action, and warranties under contracts with contractors, engineers, architects, consultants or other parties associated with the Property; all all utility, security and other deposits and reserve accounts made as security for the INITIALS: Buyer `3` Date 9 -3.� - t 5 Seller Date 5 �� G N Buyer Date Seller Date NAIBIack Black Commercial, Inc. ©CommerAssocokers 801 W. Riverside Ave Suite 300 Association ALL RIGHTS RESERVED Spokane, WA 99201 Phone: 509-623-1000 Form: PS_1A Purchase&Sale Agreement Fax: 509-622-3500 Rev.1/2011 Page 7 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE&SALE AGREEMENT (CONTINUED) fulfillment of any of Seller's obligations; any name of or telephone numbers for the Property and related trademarks, service marks or trade dress; and guaranties, warranties or other assurances of performance received. 15. CONDEMNATION AND CASUALTY. Seller bears all risk of loss until Closing, and thereafter Buyer shall bear the risk of loss. Buyer may terminate this Agreement and obtain a refund of the earnest money if improvements on the Property are destroyed or materially damaged by casualty before Closing, or if condemnation proceedings are commenced against all or a portion of the Property before Closing. Damage will be considered material if the cost of repair exceeds the lesser of$100,000 or five percent(5%)of the purchase price stated in this Agreement.Alternatively, Buyer may elect to proceed with closing, in which case, at Closing, Seller shall assign to Buyer all claims and right to proceeds under any property insurance policy and shall credit to Buyer at Closing the amount of any deductible provided for in the policy. 16. FIRPTA -TAX WITHHOLDING AT CLOSING. Closing Agent is instructed to prepare a certification (CBA or NWMLS Form 22E, or equivalent)that Seller is not a"foreign person"within the meaning of the Foreign Investment in Real Property Tax Act, and Seller shall sign it on or before Closing. If Seller is a foreign person, and this transaction is not otherwise exempt from FIRPTA, Closing Agent is instructed to withhold and pay the required amount to the Internal Revenue Service. 17. CONVEYANCE. Title shall be conveyed by a Statutory Warranty Deed subject only to the Permitted Exceptions. If this Agreement is for conveyance of Seller's vendee's interest in a Real Estate Contract, the Statutory Warranty Deed shall include a contract vendee's assignment sufficient to convey after acquired title. At Closing, Seller and Buyer shall execute and deliver to Closing Agent CBA Form No. PS-AS Assignment and Assumption Agreement transferring all leases and Vendor Contracts assumed by Buyer pursuant to Section 5(a)and all intangible property transferred pursuant to Section 14(b). 18. NOTICES AND COMPUTATION OF TIME. Unless otherwise specified, any notice required or permitted in, or related to, this Agreement(including revocations of offers and counteroffers) must be in writing. Notices to Seller must be signed by at least one Buyer and must be delivered to Seller and Listing Broker with a courtesy copy to any other party identified as a recipient of notices in Section 28. A notice to Seller shall be deemed delivered only when received by Seller, Listing Broker, or the licensed office of Listing Broker. Notices to Buyer must be signed by at least one Seller and must be delivered to Buyer, with a copy to Selling Broker and with a courtesy copy to any other party identified as a recipient of notices in Section 28.A notice to Buyer shall be deemed delivered only when received by Buyer, Selling Broker, or the licensed office of Selling Broker. Selling Broker and Listing Broker have no responsibility to advise of receipt of a notice beyond either phoning the represented party or causing a copy of the notice to be delivered to the party's address provided in this Agreement. Buyer and Seller shall keep Selling Broker and Listing Broker advised of their whereabouts in order to receive prompt notification of receipt of a notice. If any party is not represented by a licensee, then notices must be delivered to and shall be effective when received by that party at the address, fax number, or email indicated in Section 28. Unless otherwise specified in this Agreement, any period of time in this Agreement shall mean Pacific Time and shall begin the day after the event starting the period and shall expire at 5:00 p.m. of the last calendar day of the specified period of time, unless the last day is a Saturday, Sunday or legal holiday as defined in RCW 1.16.050, in which case the specified period of time shall expire on the next day that is not a Saturday, Sunday or legal holiday.Any specified period of five(5)days or less shall not include Saturdays, Sundays or legal holidays. Notwithstanding the foregoing, references to specific dates or times or number of hours shall mean those dates, times or number of hours; provided, however, that if the Closing Date falls on a Saturday, Sunday, or legal holiday as defined in RCW 1.16.050, or a date when the county recording office is closed, INITIALS: Buyer Date `) 3 ' `� Seller 11 " Date � � f 5 Buyer Date Seller Date N/AIBlack Black Commercial, Inc. ©Commercial Brokers 034 801 W. Riverside Ave Suite 300 Association Spokane,WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form: PS to Fax: 509-622-3500 Purchase 8 Sale Agreement Rev.1/2011 Page B of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE &SALE AGREEMENT (CONTINUED) then the Closing Date shall be the next regular business day. 19. AGENCY DISCLOSURE.At the signing of this Agreement, Selling Broker Bryan Walker represented Both Parties and the Listing Broker Bryan Walker represented Both Parties . Selling Firm, Selling Firm's Designated Broker, Selling Broker's Branch Manager(if any)and Selling Broker's Managing Broker(if any)represent the same party that Selling Broker represents. Listing Firm, Listing Firm's Designated Broker, Listing Broker's Branch Manager(if any), and Listing Broker's Managing Broker(if any) represent the same party that the Listing Broker represents. If Selling Broker and Listing Broker are different persons affiliated with the same Firm, then both Buyer and Seller confirm their consent to the Brokers' Designated Broker, Branch Manager(if any), and Managing Broker(if any)representing both parties as a dual agent. If Selling Broker and Listing Broker are the same person representing both parties, then both Buyer and Seller confirm their consent to that person and his/her Designated Broker, Branch Manager(if any), and Managing Broker(if any)representing both parties as dual agents.All parties acknowledge receipt of the pamphlet entitled"The Law of Real Estate Agency." 20. ASSIGNMENT. Buyer IBI may 0 may not (may not, if not completed)assign this Agreement, or Buyer's rights hereunder,without Seller's prior written consent, unless provided otherwise herein. If the"may not" option is selected and the words "and/or assigns"or similar words are used to identify the Buyer, then this Agreement may be assigned with notice to Seller but without Seller's consent only to an entity which is controlled by or under common control with the Buyer identified in this Agreement.Any other assignment requires Seller's consent.The party identified as the initial Buyer shall remain responsible for those obligations of Buyer stated in this Agreement notwithstanding any assignment and, if this Agreement provides for Seller to finance a portion of the purchase price, then the party identified as the initial Buyer shall guarantee payment of the Seller financing. 21. DEFAULT AND ATTORNEY'S FEE. a. Buyer's default. In the event Buyer fails, without legal excuse, to complete the purchase of the Property, then (check one): ®Seller may terminate this Agreement and keep the earnest money as liquidated damages as the sole and exclusive remedy available to Seller for such failure;or ❑Seller may, at its option, (a)terminate this Agreement and keep as liquidated damages the earnest money as the sole and exclusive remedy available to Seller for such failure, (b) bring suit against Buyer for Seller's actual damages, (c) bring suit to specifically enforce this Agreement and recover any incidental damages, or(d)pursue any other rights or remedies available at law or equity. b. Seller's default. In the event Seller fails, without legal excuse, to complete the sale of the Property, then (check one): INITIALS: Buyer Date -3 `) SellerG 3 0 -- I 'l BuyerDate r Date Seller Date N/'1IBlack Black Commercial, Inc. ©CommerAssocl�L/ Brokers 9 801 W. Riverside Ave Suite 300 Association ALL RIGHTS RESERVED Spokane, WA 99201 Phone: 509-623-1000 Form PS_1A Purchase&Sale Agreement Fax: 509-622-3500 Rev.1/2011 Page 9 of 13 COMMERCIAL&INVESTMENT REAL ESTATE PURCHASE& SALE AGREEMENT (CONTINUED) ®As Buyer's sole remedy, Buyer may either(a)terminate this Agreement and recover all earnest money or fees paid by Buyer whether or not the same are identified as refundable or applicable to the purchase price; or(b) bring suit to specifically enforce this Agreement and recover incidental damages, provided, however, Buyer must file suit within sixty(60)days from the scheduled date of closing or from the date Seller has informed Buyer in writing that Seller will not proceed with closing, whichever is earlier; or ❑Buyer may, at its option, (a) bring suit against Seller for Buyer's actual damages, (b) bring suit to specifically enforce this Agreement and recover any incidental damages, or(c)pursue any other rights or remedies available at law or equity. Neither Buyer nor Seller may recover consequential damages such as lost profits. If Buyer or Seller institutes suit against the other concerning this Agreement, the prevailing party is entitled to reasonable attorneys'fees and expenses. In the event of trial, the amount of the attorney's fee shall be fixed by the court.The venue of any suit shall be the county in which the Property is located, and this Agreement shall be governed by the laws of the state where the Property is located. 22. MISCELLANEOUS PROVISIONS. a. Complete Agreement. This Agreement and any addenda and exhibits thereto state the entire understanding of Buyer and Seller regarding the sale of the Property. There are no verbal or other written agreements which modify or affect the Agreement. b. Counterpart Signatures. This Agreement may be signed in counterpart, each signed counterpart shall be deemed an original, and all counterparts together shall constitute one and the same agreement. c. Electronic Delivery. Electronic delivery of documents (e.g., transmission by facsimile or email) including signed offers or counteroffers and notices shall be legally sufficient to bind the party the same as delivery of an original.At the request of either party, or the Closing Agent, the parties will replace electronically delivered offers or counteroffers with original documents. d. Section 1031 Like-Kind Exchange. If either Buyer or Seller intends for this transaction to be a part of a Section 1031 like-kind exchange, then the other party agrees to cooperate in the completion of the like- kind exchange so long as the cooperating party incurs no additional liability in doing so, and so long as any expenses (including attorneys fees and costs)incurred by the cooperating party that are related only to the exchange are paid or reimbursed to the cooperating party at or prior to Closing. Notwithstanding Section 20 above, any party completing a Section 1031 like-kind exchange may assign this Agreement to its qualified intermediary or any entity set up for the purposes of completing a reverse exchange. 23. ACCEPTANCE; COUNTEROFFERS. Seller has until midnight of , 20 (if not filled in, the third business day) following the day Buyer delivers the offer to accept this offer, unless sooner withdrawn. If this offer is not timely accepted, it shall lapse and the earnest money shall be refunded to Buyer. If either party makes a future counteroffer, the other party shall have until 5:00 p.m.on the business day(if not filled in, the second business day)following receipt to accept the counteroffer, unless sooner withdrawn. If the counteroffer is not timely accepted or countered, this Agreement shall lapse and the earnest money shall be refunded to the Buyer. No acceptance, offer or counteroffer from the Buyer is effective until a signed copy is received by the Seller, the Listing Broker or the licensed office of the Listing Broker. No acceptance, offer or counteroffer from the Seller is effective until a signed copy is received by the Buyer, the Selling Broker or the licensed office of the Selling Broker. "Mutual Acceptance"shall occur when the last counteroffer is signed by the offeree, and the fully-signed counteroffer has been received by the offeror, his or her broker, or the INITIALS: Buyer Date ri - rl Seller Date 9 -�G Buyer Date / Seller Date N/AIBlack Black Commercial, Inc. Commercial Brokers ale 801 W. Riverside Ave Suite 300 Association ALL RIGHTS RESERVED Spokane,WA 99201 Phone: 509-623-1000 Form: PS_1A Purchase&Sale Agreement Fax: 509-622-3500 Rev.1/2011 Page 10 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) licensed office of the broker. If any party is not represented by a broker, then notices must be delivered to and shall be effective when received by that party. 24. INFORMATION TRANSFER. In the event this Agreement is terminated, Buyer agrees to deliver to Seller within ten (10) days of Seller's written request copies of all materials received from Seller and any non- privileged plans, studies, reports, inspections, appraisals, surveys, drawings, permits, applications or other development work product relating to the Property in Buyer's possession or control as of the date this Agreement is terminated. 25. CONFIDENTIALITY. Until and unless closing has been consummated, Buyer and Seller shall follow reasonable measures to prevent unnecessary disclosure of information obtained in connection with the negotiation and performance of this Agreement. Neither party shall use or knowingly permit the use of any such information in any manner detrimental to the other party. 26. SELLER'S ACCEPTANCE AND BROKERAGE AGREEMENT. Seller agrees to sell the Property on the terms and conditions herein, and further agrees to pay a commission in a total amount computed in accordance with the listing or commission agreement. If there is no written listing or commission agreement, Seller agrees to pay a commission of %of the sales price or$ .The commission shall be apportioned between Listing Firm and Selling Firm as specified in the listing or any co-brokerage agreement. If there is no listing or written co-brokerage agreement, then Listing Firm shall pay to Selling Firm a commission of %of the sales price or$ .Seller assigns to Listing Firm and Selling Firm a portion of the sales proceeds equal to the commission. If the earnest money is retained as liquidated damages, any costs advanced or committed by Listing Firm or Selling Firm for Buyer or Seller shall be reimbursed or paid therefrom, and the balance shall be paid one-half to Seller and one-half to Listing Firm and Selling Firm according to the listing agreement and any co-brokerage agreement. In any action by Listing Firm or Selling Firm to enforce this Section, the prevailing party is entitled to reasonable attorneys'fees and expenses. Neither Listing Firm nor Selling Firm are receiving compensation from more than one party to this transaction unless disclosed on an attached addendum, in which case Buyer and Seller consent to such compensation. The Property described in attached Exhibit A is commercial real estate. Notwithstanding Section 25 above, the pages containing this Section, the parties'signatures and an attachment describing the Property may be recorded. 27. LISTING BROKER AND SELLING BROKER DISCLOSURE. EXCEPT AS OTHERWISE DISCLOSED IN WRITING TO BUYER OR SELLER, THE SELLING BROKER, LISTING BROKER, AND FIRMS HAVE NOT MADE ANY REPRESENTATIONS OR WARRANTIES OR CONDUCTED ANY INDEPENDENT INVESTIGATION CONCERNING THE LEGAL EFFECT OF THIS AGREEMENT, BUYER'S OR SELLER'S FINANCIAL STRENGTH, BOOKS, RECORDS, REPORTS, STUDIES, OR OPERATING STATEMENTS; THE CONDITION OF THE PROPERTY OR ITS IMPROVEMENTS; THE FITNESS OF THE PROPERTY FOR BUYER'S INTENDED USE; OR OTHER MATTERS RELATING TO THE PROPERTY, INCLUDING WITHOUT LIMITATION, THE PROPERTY'S ZONING, BOUNDARIES, AREA, COMPLIANCE WITH APPLICABLE LAWS (INCLUDING LAWS REGARDING ACCESSIBILITY FOR DISABLED PERSONS), OR HAZARDOUS OR TOXIC MATERIALS INCLUDING MOLD OR OTHER ALLERGENS. SELLER AND BUYER ARE EACH ADVISED TO ENGAGE QUALIFIED EXPERTS TO ASSIST WITH THESE DUE DILIGENCE AND FEASIBILITY MATTERS, AND ARE FURTHER ADVISED TO SEEK INDEPENDENT LEGAL AND TAX ADVICE RELATED TO THIS AGREEMENT. INITIALS: Buyer %\"'\ Date a r3-�__t 4--) Seller V IS Date •— o Buyer Date Seller Date N/AIBlack Black Commercial, Inc. ©Commercial Brokers l.yre 801 W. Riverside Ave Suite 300 Assoc ERVEn ALL RIGHTS RESERVED Spokane, WA 99201 Phone: 509-623-1000 Form: PS_1A Purchase&Sale Agreement Fax: 509-622-3500 Rev.1/2011 Page 11 of 13 COMMERCIAL & INVESTMENT REAL ESTATE PURCHASE& SALE AGREEMENT (CONTINUED) 28. IDENTIFICATION OF THE PARTIES. The following is the contact information for the parties involved in this Agreement: Buyer Seller Buyer: McCloskey Construction Inc. Seller: David A Black Contact: Contact: Address: Address: Business Phone: Business Phone: Mobile Phone: Mobile Phone: Fax: Fax: Email: Email: Selling Firm Listing Firm Name: Black Commercial Inc. Name: Black Commercial Inc. Assumed Name: (if applicable) Nai Black Assumed Name: (if applicable) Nai Black Selling Broker: Bryan Walker Listing Broker: Bryan Walker Address: Address: Business Phone: Business Phone: Mobile Phone: Mobile Phone: Email: Email: Fax: Fax: CBA Office No.: CBA Office No.: Licensed Office of the Selling Broker Licensed Office of the Listing Broker Address: Address: Business Phone: Business Phone: Email: Email: Fax: Fax: CBA Office No.: CBA Office No.: Courtesy Copy of Notices to Buyer to: Courtesy Copy of Notices to Seller to: Name: Name: INITIALS: Buyer Date q ''S. - (A) Seller Date Uj —7G — Buyer Date Seller Date NAIBlack Black Commercial, Inc. ©Commercial Brokers me 801 W. Riverside Ave Suite 300 Association ALL RIGHTS RESERVED Spokane, WA 99201 Phone: 509-623-1000 Form: PS 1A Purchase&Sale Agreement Fax: 509-622-3500 Rev.112011 Page 12 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE& SALE AGREEMENT (CONTINUED) Address: Address: Business Phone: Business Phone: Fax: Fax: Mobile Phone: Mobile Phone: Email: Email: IN WITNESS WHEREOF, the parties have signed this Agreement intending to be bound. Buyer ��=--F-�1 e C Buyer Printed name and type of entity Printed name and type of entity Buyer Buyer ignatu and title Signature and title Date signed 1*— 3a '_l Date signed Seller C C- Seller Printed n e and type o entity Printed name and type of entity Seller (� Seller ignature a title Signature and title Date signed ?6 - I Date signed INITIALS: Buyer ` Date 61 Seller ‘ D" Date —7c Buyer Date Seller Date NJIBlack Black Commercial, Inc. ©Commercial Brokers ale 801 W. Riverside Ave Suite 300 Association Spokane, WA 99201 ALL RIGHTS RESERVED Phone: 509-623-1000 Form' PS 1A Fax: 509-622-3500 Purchase&Sale Agreement Rev.1/2011 Page 13 of 13 COMMERCIAL& INVESTMENT REAL ESTATE PURCHASE & SALE AGREEMENT (CONTINUED) EXHIBIT A* [Legal Description] *To ensure accuracy in the legal description, consider substituting the legal description contained in the preliminary commitment for title insurance or a copy of the Property's last vesting deed for this page. Do not neglect to label the substitution "Exhibit A."You should avoid transcribing the legal description because any error in transcription may render the legal description inaccurate and this Agreement unenforceable. INITIALS: Buyer 1 Date - ° S) Seller 17 Date l� � � - IG Buyer Date Seller Date 1 EMPIRE STORAGE , ROS BK. 118 PG. 91 PARCEL B PARCEL A 12TH 445.66' AVE. A A A A A A s• 111. k..rj 44I . ' 385.58' 30' - W ♦ c� ' PROPOSED VACATION �� " A.P.N. 35233.0101 1 a� Pt cv) )44co U o K� 385,24' } q � � x 385.2i' yv + ,ce c� � Ti- ,.0�ahj 12' — 11 Xh-g o ><c) � WOODLAND TERRACE a � � �� ,� Nc41 BLOCK 1 `4#♦841 3°r •1 4 .�• �� ; 13TH AVNUE ••`4•� ��\ — 0. . • 384.71' + :j0 60 — ` n •� �� A.P.N. 35233.1402 �►1:4 n , � s HH z _LI co I WOODLAND TERRACEI o BLOCK 14 �0 r- 30' N 14TH AVENUE I W E I PROD : 1 9-235 1 VACATION EXHIBIT DATE: 0811 5/1 ZWCE DRAWN: SAGA6 CARNAHAN WEST REVIEWED: TRW SCALE: 1"=1❑0' CHRONICLE RD. WHIPPLE CONSULTING ENGINEERS 1 2TH/13TH AVE. 21 S.PINES ROAD SPOKANE COUNTY, WA SPOKANE VALLEY,WA 99206 T.25N. R.43E. 9.23 PH:S09.993.2617 FAX:509-926-0227 AWC E Project /-off RECEIVED Whipple Consulting Engineers, Inc. OCT 0 3 2019 COSV PERMIT CENTER CITY OF SPOKANE VALLEY STREET VACATION APPLICATION-NARRATIVE SUB # I REV. # CARNAHAN WEST-PROJECT 19-2361 1. HOW DOES A CHANGE OF USE OR VACATION OF THE STREET/ALLEY IMPROVE SERVICE TO THE PUBLIC? A CHANGE FOR STREETS/ALLEY VACATION WILL ALLOW THE OWNERS TO BEST DEVELOP THE SITE TO ITS FULL POTENTIAL. VACATION WILL BETTER SERVE THE PUBLIC BY REMOVING ANY EXPECTATION FOR UNCONSTRUCTABLE LOCATIONS. 2. Is THE STREET OR ALLEY NO LONGER REQUIRED FOR PUBLIC USE OR PUBLIC ACCESS? EXPLAIN. THE SUBJECT STREETS AND ALLEYS ARE NO LONGER REQUIED FOR PUBLIC USE OR PUBLIC ACCESS. 3. WOULD SUBSTITUTION OF A NEW AND/OR DIFFERENT PUBLIC RIGHT-OF-WAY BETTER SERVE THE PUBLIC? EXPLAIN. NO. A SUBSTITUTION OF A NEW/DIFFERENT PUBLIC RIGHT-OF-WAY WOULD NOT BETTER SERVE THE PUBLIC DUE TO THE GEOGRAPHICAL SEPARATION AS EXPLAINED IN QUESTION #1) AND NO INTEREST TO THE CITY OF SPOKANE VALEY (AS EXPLAINED IN QUESTION #2). 4. How WILL USE OR NEED FOR THIS RIGHT-OF-WAY BE AFFECTED BY FUTURE CONDITIONS? EXPLAIN. THE USE/NEED FOR THIS RIGHT-OF-WAY WILL NOT BE AFFECTED BY FUTURE CONDITIONS BECAUSE WCE ALREADY HAS A "CONDITIONED" PROJECT. THE SITE HAS WETLANDS WHICH INTERFER WITH THE BUILIDNG OF 13TH AVENUE. 5. WILL EASEMENTS BE RETAINED FOR ALL UNDERGROUND AND OVERHEAD UTILITIES? THE REQUESTED VACATION IS LOCATED IN THE SERVICE AREA OF WHAT UTILITY COMPANIES.(SPECIFY)? OUR INFORMATION WE COLLETED DOES NOT SHOW ANY EASEMENTS OR UTILITIES LOCATED IN OR ADJACENT TO THE RIGHT OF WAY, THERFORE NO UTILITES WILL BE AFFECTED. 6. DOES THE RIGHT-OF-WAY INCLUDE STORMWATER DRAINAGE FACILITIES(SPECIFY ? THE RIGHT OF WAY HAS NO ROAD BUILT ON IT,THERE FORE THE STORMWATER DAINAGE FACILITIES HAVE NOT BEEN INSTALLED, AND ARE THEREFORE UNAFFECTED. 21 South Pines Rd. • Spokane Valley, WA 99206 PO Box 1566 • Veradale, WA 99037 Phone 509-893-2617 • Fax 509-926-0227 • WhippleCE.com • Info@WhippleCE.com Civil, Structural, Traffic, Survey, Landscape Architecture and Entitlements "Id11 Community & Public Works Department ley Building&Planning Division NOTICE OF PUBLIC HEARING THE SPOKANE VALLEY COMMUNITY AND PUBLIC WORKS DEPARTMENT IS SENDING THIS NOTICE OF PUBLIC HEARING TO ALL PETITIONERS(IF ANY)AND ALL OWNERS OF PROPERTY ABUTTING THE STREET PROPOSED TO BE VACATED BASED ON THE MOST CURRENT RECORDS FROM THE SPOKANE COUNTY ASSESSOR'S OR TREASURER'S OFFICE. YOU ARE HEREBY NOTIFIED THAT A PUBLIC HEARING WILL BE HELD ON THE LAND USE APPLICATION LISTED BELOW: HEARING DATE: January 9,2020 at 6:00 p.m. HEARING LOCATION: Spokane Valley City Council Chambers, City Hall, 10210 East Sprague Avenue; Spokane Valley, WA 99206. REVIEW AUTHORITY: Spokane Valley Planning Commission STAFF: STAFF CONTACT: Lori Barlow,AICP, Senior Planner; (509) 720-5335; LBarlow@a,spokanevalley.org FILE NUMBER: STV-2019-0005 DESCRIPTION OF PROPOSAL: Privately initiated street vacation request to vacate 385 feet of unimproved right-of-way of 12th Avenue, 13th Avenue, and the Alleyway lying in between, and 500 feet of Chronical Road. LOCATION OF PROPOSAL:The portion of right-of-ways proposed to be vacated lies southwest of the intersection of 12th Avenue and Carnahan Road and is adjacent to parcel numbers 35233.9189, 35233.9190,35233.0101, 35233.1402, 35233.1307, 35233.0204, and 35233.0203, and further located in the SW quarter of the SE quarter of Section 23, Township 25 North,Range 43 East,Willamette Meridian, Spokane Valley,Washington. APPLICANT: Todd Whipple,Whipple Consulting Engineers,21 S Pines Road, Spokane Valley,WA 99206 OWNER 1: Thom and Michelle Hamilton, 9212 E Montgomery Avenue, Suite 604, Spokane Valley,WA 99206 OWNER 2: Jeff McCloskey, 9708 N.Nevada Street, Spokane,WA 99218 OWNER 3: David Black, 12009 E Empire Ave. Spokane,WA 99206 ENVIRONMENTAL DETERMINATION: The Planning Division has reviewed the proposal/project and has determined that the project is categorically exempt pursuant to WAC 197-11-800 and City of Spokane Valley Municipal Code (SVMC); Title 21 (Environmental Controls) from environmental review under the provisions of the State Environmental Policy Act(SEPA). APPROVAL CRITERIA: Section 22.140(Street Vacations)of the City of Spokane Valley Municipal Code (SVMC), Title 21 (Environmental Controls)of the City of Spokane Valley Municipal Code;the City of Spokane Valley Street Standards;the Regional Stormwater Manual; and the Spokane Regional Health District regulations. HEARING PROCESS: The Planning Commission holds the public hearing to receive comments and forwards a recommendation to the City Council for an ordinance adoption. STAFF REPORT AND INSPECTION OF FILE: A staff report will be available for inspection seven(7)calendar days before the hearing. The staff report and application file may be inspected at City of Spokane Valley City Hall, 10210 East Sprague Avenue,between 8:00 am and 5:00 pm,Monday-Friday,excluding holidays. Copies of documents will be made available at a reasonable cost. COMMENTS: Send written comments to the City of Spokane Valley Department of Community and Public Works, 10210 East Sprague Avenue, Spokane Valley,WA 99206;Attn: Lori Barlow,File No. STV-2019-0005. SPECIAL ASSISTANCE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509) 720-5102 as soon as possible so that arrangements may be made. Marianne Lemons From: Byus, Dave <Dave.Byus@avistacorp.com> Sent: Monday, December 2, 2019 3:39 PM To: Lori Barlow Subject: RE: [External] STV-2019-0005 Hi Lori, Avista does not have any existing overhead or underground gas or electric utilities installed within the proposed areas of the street vacation. I had several conversations with Whipple and Karen about this back from August through October 2019. Perhaps they forgot to submit my comments with the application? Avista does not have any issues with this street vacation proposal and will not require anything further for approval. Please let me know if you need anything else. Thanks Dave Byus Real Estate Representative - 1111 VISTA PO Box 3727 MSC-25 Spokane, WA 99220 1411 E Mission Ave. MSC-25 Spokane, WA 99202 P 509.495.2013 C 509.993.7852 http://www.avistautilities.com bow 01111.1., 0111,1 This email (including any attachments) may contain confidential and privileged information, and unauthorized disclosure or use is prohibited. If you are not an intended recipient, please notify the sender and delete this email from your system.Thank you. From: Lori Barlow [mailto:lbarlow@spokanevalley.org] Sent: Monday, December 2, 2019 2:26 PM To: Bill Helbig; Chad Phillips;Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1'; 'Chris Johnston' ; Chris Knudson; 'Colin Depner' ; 'Spokane Regional Health District'; Gene Repp; Carnhope Irrigation District No. 7; 'Consolidated Irrigation District#19' ; 'WA Transportation'; 'Spokane Transit Authority'; Scott Farkas (ScottF@spokaneschools.org); 'Candyj@spokaneschools.org'; Byus, Dave; 'CenturyLink'; 'Comcast' 1 Cc: Mike Basinger Subject: [External] STV-2019-0005 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue,the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 I LBarlow@spokanevalley.org SOk ane ....ON/al ley www.spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. USE CAUTION-EXTERNAL SENDER Do not click on links or open attachments that are not familiar. For questions or concerns,please e-mail phishin2(a),avistacorp.com CONFIDENTIALITY NOTICE: The contents of this email message and any attachments are intended solely for the addressee(s) and may contain confidential and/or privileged information and may be legally protected from disclosure. If you are not the intended recipient of this message or an agent of the intended recipient, or if this message has been addressed to you in error, please immediately alert the sender by reply email and then delete this message and any attachments. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. 2 Marianne Lemons From: Terry Squibb <carnhope7@comcast.net> Sent: Monday, December 2, 2019 6:28 PM To: Lori Barlow Subject: RE: STV-2019-0005 This is outside our service area. Terry Squibb Carnhope Irrigation District#7 From: Lori Barlow Sent: Monday, December 02, 2019 2:26 PM To: Bill Helbig; Chad Phillips;Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1'; 'Chris Johnston' ; Chris Knudson; 'Colin Depner' ; 'Spokane Regional Health District'; Gene Repp; Carnhope Irrigation District No. 7; 'Consolidated Irrigation District#19' ; 'WA Transportation'; 'Spokane Transit Authority'; Scott Farkas (ScottF@spokaneschools.org); 'Candyj@spokaneschools.org' ; 'Avista Dave Byus' ; 'CenturyLink'; 'Comcast' Cc: Mike Basinger Subject: STV-2019-0005 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue,the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow, AICP I Senior Planner, Community and Public Works Department 10210 E. Sprague Avenue I Spokane Valley, WA 99206 (509) 720-5335 I LBarlow@spokanevalley.org iirto Va.lky www.spokanevalley.org This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act, chapter 42.56 RCW. CAUTION: This email originated from outside your organization. Exercise caution when opening attachments or clicking links, especially from unknown senders. Interoffice SCITY OF pokane Memorandum . Valley* DATE: December 3, 2019 TO: Lorri Barlow, AICP Senior Planner FROM: Bill Helbig, P City Engineer RE: STV-2019-0005 (Street Vacation of 12th, 13th Chronicle, and Alleys) I received your memo dated December 2nd regarding the above privately initiated street vacation application. After review, I have the following comments to both the application materials and proposed vacation. Application Materials The application requires detailed answers to six questions. The responses to the questions are inadequate in my opinion. Question 1: The answer to "how does the vacation improve service to the public" is not in the response. Summary— Inadequate Response. Question 2: The question is asking for an explanation of why the streets or alleys are no longer needed for public use. The response does not provide an explanation. Summary— Inadequate Response. Question 3: The response to if a new/different right of way would better serve the public is not apparent. The response to question 3 references responses to questions 1 and 2, which are inadequate in themselves. The reference to "geographical separation" is not described and unsupported. Summary— Inadequate Response. Question 4: The response does not address the question regarding future conditions. The response references a "conditioned" project for the site. I am unaware of any projects "conditioned" for the site. Summary— Inadequate Response. Question 5: The response indicates that there are no known easements in the proposed vacated areas. Summary—Adequate Response. Question 6: The response indicates that there are no known stormwater facilities in the proposed vacated areas. Summary—Adequate Response. Summary of Responses to Questions —The proponent fails to adequately respond to questions 1 to 4 in their response. Based on the responses, they have not provided any information, data, or reasoning for the vacation of the right-of-ways or alleys. My recommendation would be for them to resubmit responses that address the questions presented. STV-2019-0005 Review.docx Page 1 of 2 DATE: December 3, 2019 TO: Lorri Barlow, Senior Planner RE: STV-2019-0005 (Street Vacation of 12th 13th Chronicle, and Alleys) Review of Vacation Request As part of this vacation request, I first had a look at the underlying land use and zoning for the adjacent parcels. In this case, the area in question is designated Single Family Residential with an R3 zoning. As such, the right-of-way network is required to provide access to the area and each individual parcel. Should the right-of-way for Chronicle Road be vacated, two adjacent parcels (35233.0203 & 35233.0204) would be land-locked. The right-of-ways for 13th Avenue and the alley between 12th and 13th could be vacated as they encroach upon the wetland area. The 12th Avenue right-of-way may be required in the future for connectivity directly to Carnahan Road. Summary of Vacation Request— Due to the underlying land use and zoning, and the requirement for access, I would not be in support of vacating the Chronicle Road right-of-way. Of those requested, I would only support the vacation of the 13th Avenue and alley right-of-way as they cross a large wetland. STV-2019-0005 Review.docx Page 2 of 2 Marianne Lemons From: Chad Phillips Sent: Tuesday, December 3, 2019 1:54 PM To: Lori Barlow Cc: Bill Helbig; Chad Riggs Subject: RE: STV-2019-0005 Attachments: 12-2-2019 Routing.pdf Lori— The City contributes to a stormwater system (pipes and catch basins)that traverses thru parts of the requested vacation. This system has lots of legal issues. Specifically,the system also traverses (to the North)through other private properties with no secured easements. If this vacation request is connected to the proposed future development in the area, it is my understanding that the system may need to be relocated to accommodate the development. If that's the case we would acquire easements during the development process, if not I would think we would secure the easements in conjunction with the proposed vacation. Thanks Chad i . •.4 1 1 \ , Ji r —. _ I '2ci 1242' – 17 d \ I 12 1205 TVA i 1l)5 '' 11' 1. 1211- — II; - ., . 1 & , __,„_:::.. ...._ _______ _ _ ___ , , _ 1 ,,,,2 1 , ,,,,,, L,. ,_ -. v w v46,N,/ '/ -- -' —":- , i -.— ` 11— ,_ al Mil i 04 r n - ,-- . .--r 3.; 1 I 1 r', I.R tall • 1420 I - .121' a.p. Lr 1 ;' , rr 'Z'1 ,,r1 "�! t` ;� 1a2� I� 1125 - o - I L . 4i9 * � { //:::\H Chad Phillips, P.E. I Engineer,Stormwater 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509) 720-5013 I cphillips@spokanevalley.org S'"" n Vali y. This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. From: Lori Barlow Sent: Monday, December 2, 2019 2:26 PM To: Bill Helbig; Chad Phillips;Jerremy Clark; Shane Arlt; 'Traci Harvey, Spokane Valley Fire Dept No. 1'; 'Chris Johnston' ; Chris Knudson; 'Colin Depner' ; 'Spokane Regional Health District'; Gene Repp; Carnhope Irrigation District No. 7; 'Consolidated Irrigation District#19' ; 'WA Transportation'; 'Spokane Transit Authority'; Scott Farkas (ScottF@spokaneschools.org); 'Candyj@spokaneschools.org' ; 'Avista Dave Byus' ; 'CenturyLink'; 'Comcast' Cc: Mike Basinger Subject: STV-2019-0005 2 All, Please review the attached proposal to vacate a portion of 12th Avenue, 13th Avenue, the alley lying in between, and Chronicle Road all of which lies immediately west of Carnahan Road, south of 8th Avenue and north of 14th Avenue, as described in the attached application materials. Comments are requested by Monday, December 16, 2019. Lori Barlow,AICP I Senior Planner,Community and Public Works Department 10210 E.Sprague Avenue I Spokane Valley,WA 99206 (509)720-5335 I LBarlow@spokanevalley.org www.spokanevalley.orq This email and any attachments may be subject to disclosure pursuant to Washington State's Public Record Act,chapter 42.56 RCW. 3 To: Lori Barlow CC: From: cdepner@spokanecounty.org Date: 12-16-2019 Subject: STV-2019-0005 Project Name: Stage: Preliminary Description: Site Address: Comment m s Ce SS14A This project lies within the City of Spokane Sewer Service Area. Applicant is required to notify them of this proposal and conform to their requirements. �� E Vel o`'P4�Y AC�RFO'T� Pursuing Excellence Q. ��IT 14." CFAI rq '"'l' z -ir_ z BRYAN COLLINS,FIRE CHIEF FIRE DEPT 20Zh 2120 N.Wilbur Spokane Valley,WA 99206 (509)928-1700 Main December 16, 2019 (509)892-4125 Fax spoka n eva l leyfi re.com City of Spokane Valley 10210 E. Sprague Avenue Spokane Valley, WA 99206 RE: STV-2019-0005 Unimproved sections of 12th & 13th and Alley and Chronicle Road The Spokane Valley Fire Department has completed a review for the above referenced project and has no comments on the Street Vacation. All specific fire department access requirements shall be addressed as part of future development. If there are any questions please do not hesitate to call. Sincerely, ea , Traci Harvey Fire Protection Engineer Spokane Valley Fire Department Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall December 12,2019 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Robin Holt called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter—late excused Cary Driskell, City Attorney Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Raymond Friend Michelle Rasmussen Deanna Horton, Administrative Assistant Matt Walton Robin Holt, Administrative Assistant Hearing no objections Commissioner Kaschmitter was excused and arrived at 6:06 p.m. IV. AGENDA: Commissioner Walton moved to approve the December 12, 2019 agenda as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Walton moved to approve the November 14, 2019 minutes as written. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended an auction at the Temple Beth Shalom on November 16,2019; on November 18, 2019 he attended the NAACP general meeting; on November 6, 2019 he attended the City Council meeting and thanked Council Member Wood for his service; on November 3, 2019 he attended a joint meeting between Spokane Human Rights Task Force and the Spokane Human Rights Commission related to the planning of an awards banquet; November 4,2019 he attended the Spokane Human Rights Commission meeting related to developing an office of Civil Rights and December 10, 2019 he attended the Spokane County Human Rights Task Force regular meeting. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: Sheri Robinson, City of Spokane Valley; Ms. Robinson asked the Commission to revisit a code change related to multifamily housing in providing green space for playgrounds and pools. She spoke about millennials and retirees wanting higher walkability scores. She spoke about the concerns related to multifamily housing being located in the residential zones adding that multifamily housing needs to be near services and transportation. She also asked the Commission to entertain a crosswalk at 22"a Avenue and University Road near Bowdish Junior High. She explained the middle school students cross there and it is unsafe, she gave several examples to include a fatality. IX. COMMISSION BUSINESS: i. Findings of Fact: CTA-2019-0003, a proposed amendment to SVMC 22.110.0 Signs- Aesthetic corridors. 12-12-2019 Planning Commission Minutes Page 2 of 4 Senior Planner Lori Barlow provided background into the proposed amendment CTA- 2019-0003, allowing wall signs in the aesthetic corridors. Ms. Barlow explained that the findings of fact formalize the process and decisions the Commission has made. Ms.Barlow advised this item has been before the Commission on two prior occasions. The Planning Commission held a public hearing and conducted deliberations on October 24,2019 voting four to zero forwarding a recommendation of approval to City Council. Commissioner Walton moved to approve Findings of Fact CTA-2019-0003 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed. ii. Public Hearing: CTA-2019-0004, a proposed amendment to Spokane Valley Municipal Code(SVMC)22.70.020 Fencing,fence heights in residential zones. Chair Johnson opened the public hearing at 6:12 p.m. Ms. Nickerson provided a brief background and presentation related to fence height regulations in the residential zones. Ms.Nickerson explained this item has been before the Commission on multiple occasions for discussion and review. A Study Session was held on November 14, 2019 and tonight the Public Hearing. Ms. Nickerson addressed the suggested language related to an increase fence height for multifamily use through an administrative exception discussed during the last meeting. She continued, SVMC 22.70.020 section (c) now states that an administrative exception may be granted for a fence of more than six feet in height,but no more than eight feet in height, with a permitted non-residential or multi I toit i i Iv use in a residential zoning district. There was some discussion regarding residential and non-residential fence heights related to electric fence components. It was conclude those details would be addressed through an administrative exception as listed in code. Chair Johnson closed the public hearing at 6:16 p.m. Commissioner Walton moved to approve CTA-2019-0004 as presented. There was no discussion. The vote on the motion was seven in favor, zero opposed, and the motion passed, iii. Study Session: STV-2019-0005,a proposed street vacation of portions of 12th and 13th Avenues,the alley between 12th and 13th Avenues and Chronicle Road. Ms. Barlow provided a presentation outlining the privately initiated street vacation for portions of 12t1i and 13th Avenues and the alleyway in-between as well as a portion of Chronicle Road. Ms. Barlow explained this request is in the southwest portion of the City near the intersection of 12th Avenue and Carnahan Road. The area to be vacated is surrounded by residential development to the south and vacant or developing properties to the northeast and northwest. Ms. Barlow noted the proposed area does cross over a waterbody that was created by previous mining activities. Ms. Barlow provided procedural overview advising the Planning Commission is currently conducting the study session. The public hearing will be held on January 9, 2020 and the fouualization of the Commission's decision will be held on January 23, 2020 with the Findings of Fact. Ms. Barlow advised that in processing a street vacation staff reviews connectivity, traffic volume,future developments and access. Potential conditions to consider would be utility and easement access, removal of the portion of the street or streets vacated and design or construction improvements. 12-12-2019 Planning Commission Minutes Page 3 of 4 Ms.Barlow explained the applicant feels the site is unconstructible and this vacation would allow for full development. The alleys are no longer required for public use or access and the on-site wetlands interfere with the construction of 13th Avenue. Ms. Barlow provided an aerial view of the critical areas relative to the site. The unimproved portions of 12th and 13th Avenues and Chronical Road are within the City's floodplain area and a wetland. Ms. Barlow explained the request is to vacate 500 feet of Chronical Street at a full width right-of-way of 60 feet wide. 385 feet of 13th Avenue also at a full width ROW. Lastly, 12 feet of alleyway between 12th and 13th Avenues and 385 feet of 12th Avenue at a half width ROW of 30 feet. Ms. Barlow detailed potential issues explaining that adjacent properties need access for future development, as the proposed area is zones R-3. If Chronicle Road were to be vacated the two adjacent parcels would be land locked. The other potential issues would be the storm water system. The stormwater system is not within an easement, it would need to either be moved or have an easement.The City has been working with the property owner to resolve the potential issues with several options. Commissioner Kelley confirmed the applicant owns both sides of the roads to be vacated. The applicant also has a purchase sale agreement on the property immediately to the north. Commissioner Johnson asked what direction the storm drain flows. There was a lengthy discussion related to the direction of flow and the problems the system currently has and has had. The current storm water system is a private system that the City contributes to. City Attorney Cary Driskel explained that the system does run south to north and makes its' way onto the property owned by the Conservation District. The City's storm water division have been speaking with the Conservation District related to obtaining an easement. In addition, not only city or public waters are contributing to this storm water. There are a number of sources contributing including seepage from under the ground. There was also some discussion related to the site not have an exclusive water service district. Commissioner Johnson asked about compensation and it was determined that once council makes a decision and should compensation be required,it would be determined by resolution. Commissioner Walton asked Ms. Barlow to provide what the maximum allowed dwelling units are currently and what would be allowed if the streets were vacated. Ms. Barlow advised she will have the details requested, but added that there should not be a gain as there will still have to be access provided. The property that would be most affected is currently zoned R-3,which is six dwelling units per acre. Commissioner Johnson asked if the floodplain and the wetland would be included in the available property within the calculations. Ms.Barlow stated that in theory the wetland could not be developed however, the floodplain could be developed as long as it met the standards. iv. Study Session: Updating Planning Commission Rules of Procedure. Ms. Nickerson introduced the subject of the Planning Commission Rules of Procedure (ROP)and provided background into the discussions from the six previous visits related to this topic. The Commissioners were provided a clean and a redline version of the ROP to date. Commissioner Kelley spoke to the voting section; he explained it used to read: "four affirmative votes must be cast for comprehensive plans or the election of officers". The language related to the election of officers was redlined, he asked when and why that was changed.Administrative Assistant Deanna Horton explained that anter the last meeting she added Section(c)Election of officers;that states: "Each Chair and Vice Chair must receive 12-12-2019 Planning Commission Minutes Page 4 of4 four affirmative votes in order to be elected". She continued to explain the Comprehensive Plan votes Section (b)and Election of Officer votes Section (c)have been separated. There was a lengthy discussion related to what a majority vote constitutes, four votes or the majority of the Commissioners appointed? Commissioner Johnson advised there was a discrepancy in the language and multiple sections. Mr. Driskel advised the language should be consistent in all sections related to voting. The language should read: "by majority vote of the membership of the Commission". Commissioner Johnson addressed the language related to votes being taken by paper ballot changing from "shall be taken" to "may be taken". It was determined the language states "may be taken" to allow for flexibility by the Commission and to alleviate public records request concerns by requiring a paper ballot. Lastly, after some discussion, it was concluded the Commission would impose a three-minute time limit for public testimony or otherwise determined by Chair should more time be necessary. X. GOOD OF THE ORDER: Commissioner Rasmussen stated she has enjoyed her last three years on the board and this will be her last meeting. She thanked those on the board and the staff for all of their efforts. Commissioner McKinley thanked Commissioner Rasmussen for her service on the board. He asked everyone to enjoy the holidays. Commissioner Kasclunitter thanked everyone for their time and wished everyone a Merry Christmas. Commissioner Friend also thanked the Commissioners and staff for all of their hard work. Commissioner Kelley thanked Commissioner Rasmussen for her time with the Commission. Commissioner Walton also thanked Commissioner Rasmussen for her service and advised it has been a pleasure serving for the last three years. Commissioner Johnson also thanked Commissioner Rasmussen for her time and service. He was thankful for his time as Chair; he is looking forward to the future,and read aloud a quote form Margaret Mead. XI. ADJOURNMENT: Commissioner Rasmussen moved to adjourn the meeting at 7:17 p.m. The vote on the motion was seven in favor, zero opposed, and the motion passed. //r/2 James Johnson, Chairman Date signed (Lci_./7l 6 )1-) /1z) Robin Holt, Secretary Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall January 9,2020 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Deanna Horton called roll and the following members and staff were present: James Johnson Jenny Nickerson, Building Official Danielle Kaschmitter Cary Driskell, City Attorney Timothy Kelley Lori Barlow, Senior Planner Robert McKinley Bill Helbig, City Engineer Deanna Horton, Administrative Assistant IV. AGENDA: Commissioner Kaschmitter moved to approve the amended January 9, 2020 agenda. The election of officers had been added after the agenda was published. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. V. MINUTES: Commissioner Kaschmitter moved to approve the December 12, 2019 minutes as written. There was no discussion. The vote on the motion was four in favor, zero opposed, and the motion passed. VI. COMMISSION REPORTS: Commissioner Johnson reported he attended a Spokane County Human Rights task force meeting and the January 7, 2020 meeting. VII. ADMINISTRATIVE REPORT: There was no administrative report. VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: i. Election of Officers Commissioner Kaschmitter moved to suspend the rules and postpone the election of officers to a time when the full Commission has been appointed Commissioner Kelley stated that newly appointed members would not necessarily know the people they were voting for if the elections were postponed. Commissioner Johnson stated it was possible that some previously appointed members could be reappointed, and therefore would already be aware of whom they were electing. Commissioner Kelley confirmed that four votes are necessary to be elected to each position. The vote on the motion was four in favor, zero against, and the motion passed. ii. Finding Fact: CTA-2019-0004, a proposed amendment to Spokane Valley Municipal Code (SVMC) 22.70.020 Fencing, fence heights in residential zones. Building Official Jenny Nickerson presented to the Commission the Findings of Fact for CTA-2019-0004 which summaries the decision the Commission made during the public hearing for the code text amendment regarding fence heights in residential zones. Ms. Nickerson reminded the Commissioners the proposed amendment to the municipal code is to change where a fence is measured from, which would allow for a six foot high fence 01-09-2020 Planning Commission Minutes Page 2 of 5 measured from where the bottom of the fence hits the ground, regardless of where the ground is located. Commissioner Kelley confirmed that if there were a dirt barrier, the fence would be measured from the top of an earthen berm. The change to the code moves the measuring of the fence from the lowest point within six feet of the fence to the bottom of the fence regardless of where the fence is built. Commissioners discussed the proposed change,then moved to approve the findings. Commissioner Kaschmitter moved to approve the Planning Commission findings and recommendations regarding CTA-2019-0004. The vote on the motion was four in favor, zero against, and the motion passed. iii. Public Hearing: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12th and 13th Avenues and a portion of Chronicle Road. Chair Johnson opened the public hearing at 6:12 p.m. Ms. Barlow provided a presentation outlining the privately initiated street vacation for a portion of 12th Avenue, a portion of 13th Avenue, the alleyway in-between 12th and 13th, and a portion of Chronicle Road south of 12th Avenue and north of 14th Avenue. Ms. Barlow explained the request is located in the southwest portion of the City near the intersection of 12th Avenue and Carnahan Road. Ms. Barlow provided the Commissioners with additional items for their consideration during the public hearing. She explained the items were comments from the City of Spokane, one new slide for the PowerPoint presentation, and updated recommendations to the staff report based on the new comments received. Ms. Barlow stated a review of the water district service areas indicated that the area was outside of an identified service area, but that the City of Spokane had reached out to let staff know that Spokane Water District #3 considers it to be in their"retail water service area." These properties are in Spokane's Comprehensive Water System Plan and therefore are considered part of the Spokane system for now. There is also a Spokane sewer line located in the parcels which Spokane is requesting an easement for. She stated she had corrected the parcel numbers on the recommendation, and added a new condition based on the received comments from the City of Spokane. Ms. Barlow explained some of the potential issues with the vacation. The zoning to the south and west is single family residential, (R-3), while the rest of the parcels and area to the north is zoned multifamily residential, (MFR). Two of the parcels would be land locked if the whole request was permitted. There is a stormwater piping system which currently is located in the right-of-way (ROW) and on private property which the City needs easements to access. City staff is currently working to obtain the easements for this stormwater system, and it is possible that the system could be moved to accommodate development. The City of Spokane has a sewer main going through the properties and has requested a 30 foot wide easement if any portion of the sewer line is located outside of an easement on the subject properties. Ms. Barlow stated the City's recommendation is to maintain 12th Avenue ROW, but allow the vacation of the rest of the requested ROWs. The reason 12th Avenue should be retained, is all of the properties to the north of 12th Avenue are zoned MFR and this would allow adequate access to the property. While it is only a half ROW at this time, through the 01-09-2020 Planning Commission Minutes Page 3 of 5 development process further ROW could be obtained if it is needed for development of the property(s). Ms. Barlow stated the approval criteria was in the staff report,however she wanted to cover a question from the study session. The question was what would the difference in allowed density on the affected properties be if the ROW is retained over vacating it. Currently the properties involved in the request equal 6.82 acres, which would allow for 41 dwelling units; if the ROW were vacated the area would increase to 8.39 acres, and allow 50 dwelling units. This is a gross calculation and there is a difference when development actually occurs. If an applicant applied for a planned residential development or cottage development which could increase the density depending on existing zoning. These calculations were not figured with the wetland or the floodplain considerations taken into account. Commissioner Johnson confirmed that this would be the facts in any other zoning district. Commissioner Kelley confirmed that a boundary line adjustment of the two parcels owned by the same property owner could prevent the three parcels on the west side of Chronicle Road from becoming land locked. Ms. Barlow stated the conditions of the vacation state there should be a boundary line adjustment or elimination for the parcels. Commissioner Kelley asked if the applicant's development plans suggested that 12th Avenue could function better for them in another place, would it make sense to vacate 12th Avenue now and allow the applicant to offer a suggestion for an alternative later. Ms. Barlow responded it was possible,but at this time there is no development plan which suggests that possibility. Commissioner Johnson confirmed that should the applicant want to change the zoning on the properties they own to the south of the vacation requests,they would need to go through a Comprehensive Plan amendment, as well as a zoning change. Ms. Barlow shared that the applicants had made a request to change the Comprehensive Plan designation on the parcels to the south, which are currently designated as Low Density Residential, and the City Council made the decision to remove the request from the docket. Commissioner Johnson stated he was concerned that no water district was taking responsibility for water service on the property. Ms. Barlow stated when staff determined which agencies staff should contact regarding this proposal, there was no specific water district providing service to the parcels. This information came from Spokane County records. Both adjacent water districts stated they were not responsible,but recently the City of Spokane had reached out and stated they considered the area to be within their retail water service area. This means that while the area is not specifically in their service area, they can petition to service the area based on their Comprehensive Water Plan. It is in an area where they are allowed to grow based on their service plan. City Engineer Bill Helbig also commented that the City was responsible for the stormwater and surface water and had conditions for these waters in the findings. Commission accepted public testimony. Brad Sharp,Spokane,WA: Mr. Sharp stated he was appearing on behalf of legal council, Taudd Hume for the applicant. Mr. Sharp stated he was in support of the vacation in its entirety. Mr. Sharp said the conditions in the staff report are appropriate for the project. The boundary line elimination is one of the conditions which the applicant is currently working on now. He said after consulting with the lead attorney, the consulting engineer and the owner, they are looking at providing connectivity to those parcels in question through the project so that the concerns raised in the staff report are addressed, which included increased traffic and general access to the property. Mr. Sharp stated that he felt those concerns would be addressed with adequate or equal access, either through 12th 01-09-2020 Planning Commission Minutes Page 4 of 5 Avenue, through the aggregated parcel as an easement, or dedication, to mitigate the concerns. The applicant would be agreeable to final plat approval be conditioned ensure connectivity being provided through 12th Avenue or another adequate ROW. Susan Moss, Whipple Consulting Engineers, Spokane Valley, WA: Ms. Moss stated she agreed with everything in the staff report, except for the removal of 12th Avenue from the request. She offered that the applicant would be agreeable to conditions in order to meet accessibility for the multifamily property. She felt conditions could be added to the approval of the vacation in order to allow the vacation of 12th Avenue. Roger Repp, Spokane Valley, WA: Mr. Repp stated his concern was the pond on the property. He said he thought that the water in the pond is aquifer water, and he is concerned about protecting the water and the aquifer. He said that when Target developed on the south hill, they built on what he thought was a wetland that could not be developed. He said they took a bulldozer and filled in the wetlands and it would not take much for someone to do the same thing to the pond on this property. He is concerned about the water quality. He said as an individual,he can't fight the developer's attorney. He was surprised someone was trying to develop it. Matt Walton, Spokane Valley, WA: Mr. Walton stated he was not an opponent or proponent, but wanted to bring up several items for consideration. He said that the proponents offer to do something after an action had taken place does not guarantee they would follow through with it. The City recommendation to retain 12th Avenue seemed to be in good character with the surrounding neighborhood. Mr. Walton also suggested the City retain Chronicle Road as well. Commissioner Johnson clarified the properties to the north are not landlocked. The reason to retain 12th Avenue is not connectivity for the Low Density Residential properties, it is to support the land use designation of High Density Residential which the right-of-way abuts. Commissioner McKinley asked if the pond was aquifer water. Ms. Barlow did not know the answer, however she stated that at the time of development, the plans will be routed to the appropriate agencies with jurisdiction, including the Aquifer Board, and staff would take the necessary steps at that time. Seeing no one else who wished to testify, Chair Johnson closed the public hearing at 7:05 p.m. Commissioner Johnson moved the Planning Commission approve the recommendation for STV-2019-0005 as presented by staff, eliminating 12th Avenue from the request. Commissioner Kelley said he felt that 12th Avenue should be vacated along with the rest of the request, stating there could be a better place for access to the development and that would not be known until the development plans have been submitted. He said he would not be in favor of the motion as currently stated. Commission Johnson said he felt staff had evaluated the request extensively, and that the applicants could work around 12th Avenue being left in place. He commented that previous vacations have raised the question of what happens in the future when a vacation has been allowed and the City has needed the ROW after it is gone. He felt staff had reviewed the possibility and he wanted to support the decision. Commissioner Kaschmitter stated she felt staff had reviewed the proposal and she supported leaving 12th Avenue out of the request. Commissioner McKinley stated he supported the removal of 12th from the request because of the landlocked parcels in the development. The vote on the motion was three in favor, one against with Commissioner Kelley dissenting, the motion passed. 01-09-2020 Planning Commission Minutes Page 5 of 5 iv. Study Session: Updating Planning Commission Rules of Procedure. Building Official Jenny Nickerson presented the latest version of the Planning Commission Rules of Procedure with all the changes in strike-out format. This reflects all of the changes the Planning Commission has discussed through the last few months regarding the update to the Rules of Procedure and if there are no more changes, they would be moved forward to the City Council for approval by resolution. Commissioners thanked staff for the work done to assist them in updating these Rules of Procedure. Commissioner Johnson suggested holding the approval of the Rules of Procedure for a fully appointed Commission, as was done for the election of officers. He felt covering the updated Rules of Procedure this would be a good for new commissioners. Commissioner McKinley stated he was opposed, sharing he felt as many times as they have been reviewed there was little modification which would occur and adding more voices could just postpone the approval process. Commissioners Kaschmitter and Kelley concurred with thought. Commissioner Kaschmitter moved to approve and forward to City Council, the Planning Commission updated Rules of Procedure. The vote on. the motion was three in favor, one against with Commissioner Johnson dissenting. X. GOOD OF THE ORDER: Commissioner McKinley suggested everyone be careful in the snow, Commissioner Kaschmitter thanked staff again for the work on the Rules of Procedure. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:15 p.m. The vote on the motion was four in favor, zero opposed, and the motion passed. e-,/, 5 Z James Johnson, Chairman Date signed 710Deanna Horton, Secretary Regular Meeting Minutes Spokane Valley Planning Commission Council Chambers—City Hall February 27, 2020 I. Chair Johnson called the meeting to order at 6:00 p.m. II. Commissioners, staff and audience stood for the pledge of allegiance. III. Assistant Deanna Horton called roll and the following members and staff were present: Fred Beaulac Jenny Nickerson, Building Official James Johnson Cary Driskell, City Attorney Danielle Kaschmitter Lori Barlow, Senior Planner Timothy Kelley Taylor Dillard, Administrative Assistant Robert McKinley Marianne Lemons, Office Assistant Sherri Robinson, absent Mike Basinger, Economic Development Manager Matt Walton Chaz Bates, Economic Development Planner Deanna Horton, Administrative Assistant With consensus, the Commission excused Commissioner Robinson from the meeting. IV. AGENDA: Commissioner Kaschmitter moved to approve the February 27, 2020 agenda. There was no discussion. The vote on the motion was six in favor,zero opposed, and the motion passed. V. MINUTES: The January 9, 2020 minutes were withdrawn from consideration by staff because they were incomplete. They will be finished and submitted for approval at the March 12, 2020 meeting. VI. COMMISSION REPORTS: Commissioner Beaulac introduced himself, he was on the Planning Commission from 2003 to 2008, and appointed again in 2012. This was his fourth request to serve the City on the Commission. His background is in commercial transportation. Commissioner Johnson reported he attended the City Council meetings on January 14, January 21, February 4, February 18 and February 25. He also attended the Spokane County Human Rights task force meetings which are working on an awards banquet and a web portal where citizens can report hate incidents which will allow the Task Force to be able to track the incidences. They hope to have it working by summer. VII. ADMINISTRATIVE REPORT: Building Official Jenny Nickerson VIII. PUBLIC COMMENT: There was no public comment. IX. COMMISSION BUSINESS: i. Election of Officers Chair Johnson called for nominations for the office of Chair. Commissioner Walton nominated Commissioner Johnson, Commissioner McKinley nominated Commissioner Kelley. In a show of hands,the vote for the office of Chair was as follows: Commissioners Beaulac, Johnson, Kaschmitter, and Walton voted for Commissioner Johnson. Commissioners Kelley and McKinley voted for Commissioner Kelley. With four votes to two, Commissioner Johnson remains the Chair for 2020. Chair Johnson called for nominations for the office of Vice-Chair. Commissioner Johnson nominated Commissioner Walton, Commissioner Kelley nominated Commissioner McKinley. In a show of hands, the vote for the office of Vice Chair was as follows: 02-27-2020 Planning Commission Minutes Page 2 of 4 Commissioners Beaulac, Johnson, Kaschmitter, and Walton voted for Commissioner Walton. Commissioners Kelley and McKinley voted for Commissioner McKinley. With four votes to two, Commissioner Walton remains the Vice-Chair for 2020. ii. Findings of Fact: STV-2019-0005, a proposed street vacation of portions of 12th and 13th Avenues, the alley between 12th and 13th Avenues and a portion of Chronicle Road. Senior Planner Lori Barlow explained the findings of fact presented to the Commission. She explained they reflect the decision the Commission made during their deliberations after a study session and public hearing. The request is to vacate a portion of 12th Avenue, 13th Avenue, the alley between 12th and 13th Avenues, and Chronicle Road, west of Carnahan Road. All of these areas are unimproved. She stated that the staff recommendation is to retain the portion of 12th Avenue, but the other portions of the privately initiated vacation request be vacated. Ms.Barlow explained that the Commission is being asked to approve the findings if they accurately represent the action that the Commission took on the matter. Chair Johnson made a motion to approve the findings offactfor the street vacation of STV- 2019-0005, a proposed street vacation of a portion of 12th and 13th Avenues, the alley between 12th and 13tfr Avenues and a portion of Chronicle Road as presented and move them forward to the City Council. Attorney Driskell put on record that Commissioner Beaulac and Commission Walton will not be voting on this item, as they had not been appointed at the time of the public hearing. The vote on the motion was four in favor, zero against, and the motion passed. iii. Annual Training: Public Records Training, Open Public Meetings City Attorney Cary Driskell gave the annual public records and open public meetings training to attending Planning Commissioners and staff iv. Training Session: Comprehensive Plan Amendments History and Docket Overview Mike Basinger, Economic Development Manager and Chaz Bates, Senior Planner introduced themselves to the Commission. Mr. Basinger gave a brief history of the development ofthe City's Comprehensive Plan. This included the development of the land use map, zoning areas, and the periodic update process. Staff is looking at a city-wide rezone in certain areas and Mr. Basinger wanted the Commission to understand the history of what has been done with the comp plan in the past and give an explanation of the development and implementation ofthe different land use zones within the City. Mr.Bates gave an overview of the Comprehensive Plan Amendment Process and site specific map amendments. He explained that any applications for amendment must be received by October 31st to be considered in that year's amendment process. The City does publish notice 60 days prior to the application due date. Once applications are received, they are reviewed and docketed for the City Council. The Council does have the authority to remove items from the consideration docket. Once the docket is approved, it begins the process through Planning Commission. Mr. Basinger stated that there were two items that were removed from the 2020 consideration docket. Mr. Bates clarified the timeline of the 2020 process and stated that there will be five amendments to be considered. There are four map amendments and one text amendment. The first map amendment (CPA-2020-0001) is privately initiated by Land Use Solutions and is located on McDonald. The applicant would like to change their designation/zoning from Single-Family-Residential (SFR) to Corridor Mixed Use (CMU). 02-27-2020 Planning Commission Minutes Page 3 of 4 The second map amendment (CPA-2020-0002) is privately initiated by LB Stone Properties and is located on Fancher/Sprague. The applicant would like to change their designation/zoning from Industrial (I)to Regional Commercial (RC). The third map amendment (CPA-2020-0003) is privately initiated by Jay Rambo and is located at 1723/1724 N. Union. The applicant would like to change their designation/zoning from Multifamily Residential(MFR)to Corridor Mixed Use (CMU). The fourth map amendment (CPA-2020-0006) is city initiated and is for the East Valley School District Walker Center. The City would like to change the designation/zoning from Industrial (I)to Corridor Mixed Use (CMU). This would allow the school district to move their parent/child classes related to home schooling to this location and it cannot occur under the current zoning. Mr. Basinger gave information regarding the code text amendment (CPA-2020-0007). This amendment applies city-wide and implements changes to allow for alternative housing types and brings forward an area-wide rezone with implementing regulations. He explained that there was concern about duplex development throughout the city that really needed to be addressed and he feels that that the staff has come up with some good ideas that will help address some of those concerns. Staff reasoned that it would be best to have the denser housing zones located near services and transit and limit duplexes and cottage home building in the R-3 zones. He explained that staff developed a new R-4 zone that is located between 8th Avenue and Broadway Avenue. This area was determined to be a good location because it is within walking distance of the transit system that Spokane Transit Authority (STA) currently has in place. They hope to be able to incentivize alternative housing within areas that have transit and services. Mr. Basinger explained that staff is looking at 10 units per acre in the new R-4 zone. Cottage and townhome developments would be allowed in this zone but they would no longer be allowed in the R-3 zone. They will increase the units allowed to eight units per acre and increase the minimum lot size to 14,500 square feet to do a duplex within the R- 3 zone. The requirement for duplexes will only be six units per acre so the hope is that this will incentivize single family residences in this zoning area. Commissioner Kelly asked if tiny homes will be allowed in the R-4 zone. Building Official Jenny Nickerson answered that the building code will have a new appendix addressing tiny homes. A tiny home will be interchangeable with the cottage standards and a single family residential home. The only caveat to that code will be tiny homes that are on trailers or on wheels. These are considered recreational vehicles and would not be allowed in the residential zones. Commissioner Walton asked how the staff came to the density regulations in the R-3 zone. Mr. Basinger stated that staff wanted to increase the density in the R-3 zone and utilize the 5000 square foot lot size. They hope that this change will really encourage developers to go with a single-family development in the R-3 zone and keep the high density developments in the R-4 zone. Commissioner Kelly asked if there was consideration to extend this zone to skirting the industrial to the north of Sprague. Mr. Basinger answered that staff really wanted to stick to the policies and goals outlined in the current Comprehensive Plan, which states that the higher density areas would be located near transportation and services. Staff looked at some other industrial areas but this location made the most sense geographically because of its location to those services. 02-27-2020 Planning Commission Minutes Page 4 of 4 Chair Johnson mentioned that the STA did a presentation to the City Council that they are considering expanding their services to Barker Road. Commissioner Kaschmitter commented that if the City is going to basing this R-4 change on access to services and transit on Sprague, it would be important for there to be bus service from one end of Sprague to the other end without having to change buses. Mr. Basinger agreed and said that the City is in conversations with STA about the possibility of getting additional transit service if there are more rooftops developed in this area. Chair Johnson expressed that he would like to make sure that the public is well notified of these amendment changes to the plan so that they can give their input. Mr. Basinger responded that all of these amendment changes will be broadly posted on all of the City's social networks to let people know. Commissioner Walton asked if property owners will be notified that their property is being rezoned. Mr. Basinger answered that they will not be individually notified because it is an area-wide rezone. The City is allowed to make these changes through this process without sending individual notification. However, the City will do everything possible to get notice out so that the residents are aware of any changes that happen. X. GOOD OF THE ORDER: Commissioner Kaschmitter thanked staff for the Comprehensive Plan preview. Commissioner Walton expressed that since the Commissioners are not able to get to know each other outside of Council Chambers, he wanted to give a little background on who he is and what he is about. He encouraged the other Commissioners to do the same in the upcoming meetings. He gave a quick biography of himself outlining his personal life and his values and ideas. XI. ADJOURNMENT: Commissioner McKinley moved to adjourn the meeting at 7:46 pm. The vote on the motion was six in favor, zero opposed, and the motion passed. James Johnson, Chairman Date signed Deanna Horton, Secretary CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-009 RESOLUTION ADOPTING POLICIES FOR IMPOSING VACATION CHARGES PURSUANT TO RCW 36.79.030 WHEREAS, the City of Spokane Valley has the authority to vacate roadways and right of ways pursuant to RCW 36.79.030; and WHEREAS, the City of Spokane Valley has the authority to charge for said vacations in an amount that does not exceed 50% of the full appraised value or for the full appraised value of the area vacated where the street or alley had been part of a dedicated right of way for over twenty five years or if the property was acquired at public expense; and WHEREAS, the City of Spokane Valley wishes to establish a policy by which they determine the amount to be charged the benefited property owners of any such vacation. NOW THEREFORE, BE IT RESOLVED THAT THE CITY OF SPOKANE VALLEY ADOPTS THE FOLLOWING POLICY: SECTION 1. Policy. I. The cost for property received as a result of a vacation initiated by an adjacent property owner shall equal fifty per cent (50%) of the appraised value of the vacated property received. a. The appraised value shall be the same as the value of an equivalent portion of property adjacent to the proposed vacation as established by the Spokane County Assessor at the time the matter is considered by the City Council. b. If the value of adjacent properties differs, then the average of the adjacent property values per square foot will be used. 2. Notwithstanding the provisions of paragraph (1), the applicant shall pay the above- described fee only to the extent that it exceeds the cost charged by the City of Spokane Valley to initiate the vacation process, exclusive of any surveying or engineering costs that may be incurred by the applicant. 3. This charge shall be paid subsequent to council action and prior to recording the vacation with the Spokane County Auditor. 4. The City Council shall reserve the right to deviate from this policy upon the adoption of written findings of fact that demonstrate that the public interest shall be best served by an alternate approach. SECTION 2. This Resolution shall be in full force and effective immediately upon adoption. Resolution 07-009 Street Vacation Charges Page 1 of 2 Adopted this 10th day of July, 2007. i w islasz Diana Wilhite, Mayor ATTEST% hristine Bainbridge, Ci Clerk Approved a�.to Form: 1 Office the City ttorney Resolution 07-009 Street Vacation Charges Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31,2020 Department Director Approval: Check all that apply: ❑consent ❑old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative report — update on property acquisition of Washington State Department of Transportation Flora Road property. GOVERNING LEGISLATION: RCW 35A.11.020; SVMC 3.49.010. PREVIOUS COUNCIL ACTION TAKEN:November 12,2019 approval of 2019 Spokane Valley Parks and Recreation Master Plan Update; February 11, 2020 winter workshop discussion on Recreation Conservation Office (RCO) grant opportunities; February 25, 2020 administrative report on potential purchase; administrative report(scheduled as a motion,which was later withdrawn)March 17,2020. BACKGROUND: In the course of discussions regarding the City's 2019 purchase of real property adjacent to Sullivan Park, City staff became aware that the Washington State Department of Transportation (WSDOT)had four additional parcels that may become available if WSDOT determined they were surplus to their needs. Those four parcels are located immediately east of Flora Road, south of the Union Pacific tracks,and north of the Spokane River. For further reference,the gated access road to the property is across Flora to the east from the old SCRAPS facility. If approved by Council,the property(45.73 acres according to WSDOT)would be used for park purposes. The purchase price is $2,091,600, which was established by appraisal. A small section of the easterly portion of the property abuts the Spokane River, with the rest of the property having a 225 foot strip of property belonging to Washington State Parks between the Spokane River and the property to be purchased. A map is attached for further reference. The property is largely in a natural state,with extensive coniferous trees along the westerly and southerly boundaries. If the Council authorizes this acquisition,the land would be held until such time as the City can use a public process to identify appropriate uses on the property. The City would also need to identify funding options for construction. This purchase is consistent with the City's Parks and Recreation Master Plan 2019 Update. Pursuant to Council direction on February 25,2020,staff requested that RCO allow the City to apply for a grant of up to $1 million to repay the City for acquisition costs. RCO notified the City on March 6, 2020 that if the City receives an RCO grant,the City will be allowed to retroactively use the funds to reimburse itself for part of the purchase price. This authorization from RCO was required to occur prior to any purchase by the City. Now that retroactive use for the purchase price has been authorized, the City and WSDOT can complete the acquisition with Council approval. As has been stated before, the RCO may ultimately decline to award a grant for these purposes,in which case the City would bear the entire cost of purchasing the property from WSDOT. UPDATED INFORMATION—Although the overall economic picture is not changed from March 17,2020 when Council withdrew its motion consideration, staff wanted to make sure Council understood the potential ramifications of not taking action to purchase the property at this time. The RCO grant application is due May 1, and if Council wants to pursue the grant, it must take certain procedural steps first to do so. One such step is to adopt a resolution authoring the application. Additionally,we will have to complete the application itself. The discussions Parks and Recreation staff had with RCO were very positive, and we believe the City has a pretty good chance of getting a grant if we apply. It is important for Council to know,however,that RCO will be looking for a strong statement from the Council of intent to purchase the property and,without that, getting a grant of up to$1 million would be unlikely. OPTIONS: (1)Consensus to place on a future agenda for motion consideration; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration to purchase the property from WSDOT for parks and recreation purposes. BUDGET/FINANCIAL IMPACTS: $2,091,600 plus associated costs such as title insurance. Staff previously suggested the sources of funds to facilitate the acquisition could be comprised of the following: -$500,000 from the Capital Reserve Fund#312 that has been earmarked for park land acquisition; -$281,209 from the Capital Reserve Fund#312 that is currently unallocated; and -$1,310,391 (plus any costs associated with closing) from the General Fund,which would be a non-recurring 2020 expenditure. As an alternative to a 2020 nonrecurring expenditure of$1,310,391 coming from the General Fund, the Council could also consider reprioritizing money currently earmarked in Capital Reserve Fund #312 for other projects in favor of this acquisition. If Council were to do so, Staff recommends that no such reprioritization/reallocation impact projects already underway. The 2020 Budget for both the General Fund and Capital Reserve Fund#312 would need to be amended for the acquisition. STAFF CONTACT: Cary Driskell, City Attorney; Mike Stone, Parks and Recreation Director; Chelsie Taylor,Finance Director. ATTACHMENTS: -Overhead map of the site. -2020 General Fund#001 budget summary. -2020 Service Level Stabilization Reserve Fund#121 budget summary. -Potential and Pending Projects Worksheet , � _.. _ r •dR•- 1 1 ..:....: :.. :ffilimmaiiik' '�Y i � - �'� � a ,•101:0:: a„I 0;3.: , , ,iiiiir a x 1 -..: . s ..1:.,'• 1 -z- - -.."--',..• a%.''-1-°z°- : I, i J:" Kiri r. 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R E,- ' " �� <-r1 1r - Feet • -'-•••'-'".4..".;,.._„.„.� ;`i' a tf �r%' Z 1A-* ` >n x=r'..: •'...1,••'7;,..':.c.:.‘ y •1e4- r I •��l � • I �,wC� ,„' z<E!....;,..-• '� �f'� r" I - ,�_ itK m , , ' / �c �y � 7 ,• z, N Mxwell^Ave' , • F P i j' .;._x, .r ..e. .., 4 ISI ( �.. [� _ r-- •''��;. - .-� 1`,y,,� - "�� ". "' dace.5.. I l i .. ^ i•'r .. . ° _ _ _. _, - E' • CITY OF SPOKANE VALLEY,WA 3/25/2020 General Fund 2020 Budget Summary 2020 Budget Recurring Activity: Revenues $ 48.3 million Expeditures $ (43.2) million Recurring Rev. Over Exp. $ 5.1 million Nonrecurring Activity: Revenues $ - million Expenditures $ (1.7) million Nonrecurring Rev. Under Exp. $ (1.7) million Total Rev. Over Exp. $ 3.4 million Estimated Beginning Fund Balance $ 30.9 million Estimated Ending Fund Balance $ 34.3 million C:\Users\ckoudelka\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\800TL7V1\General Fund 2020 Budget Summary CITY OF SPOKANE VALLEY, WA 3/25/2020 Service Level Stabilization Reserve Fund#121 2020 Budget Summary Budget Revenues $ - million Expeditures $ - million Total Rev. Over Exp. $ - million Beginning Fund Balance $ 5.5 million Ending Fund Balance $ 5.5 million The City has committed to maintaining an ending fund balance in the General Fund of at least 50%of recurring expenditures which is roughly equivalent to 6-months of operations. The Service Level Stabilization Reserve Fund serves as an emergency source of temporary financing to the General Fund in the event a downturn in the local economy resulted in a reduction of revenues that would otherwise compromise either the General Fund's minimum 50% reserve balance or historical levels of service. If an event such as a downturn in the economy resulted in the General Fund reserves dropping below 50%of recurring expenditures, then the Service Level Stabilization Reserve Fund could be drawn against to maintain the fund balance minimum. In no event would the Service Level Stabilization Reserve Fund be reduced to less than 60%of the current$5.5 million balance or$3.3 million. C:\Users\ckoudelka\AppData\Local\Microsoft\Windows\INetCache\Content.Outlook\800TL7V1\Service Level Stabilization Reserve Fund 121 2020 Budget Summary P:\1.General Governance\Budget\2021 Budget\Finance\Potential and Pending Projects CITY OF SPOKANE VALLEY,WA I 3/31/2020 I Pending/Potential Projects Worksheet Project Financing Estimated Grant Financed City Financed 111111- Total Total Potential/ Fund 101 Fund 103 Fund 106 Fund 123 Fund 309 Fund 310 Fund 312 Fund 301/302 Project Secured Anticipated General Street Paths& Solid Waste Civic Facilities Parks Capital Civic Buildings Capital Bond Cost Grants Grants Fund Fund Trails Fund Replacement Project Capital Projects Reserve REET Financed Other Total Unfunded Completed or In-progress: -Projects completed in prior years(see attached list on pg 2) 37,568,489 14,742,522 0 0 0 59,300 0 0 1,157,368 11,681,533 469,106 7,849,573 1,609,087 37,568,489 0 -Pavement Pres Program Fund#311(through 2018) N/A 6,080,143 0 7,798,407 972,644 0 1,000,000 27408, 56 9 0 0 4,593,230 0 36,448 22,889,528 N/A -Appleway Trail-amenities-University to Pines(CN 2019) 683,675 539,320 0 19,894 0 0 0 124,461 0 0 0 0 0 683,675 0 -Appleway Trail Sullivan to Corbin(CN 2018) 2,315,283 4 g99 g g 9 597999 9 135,283 9 317,099 g g 9 2,315,283 g -Appleway Trail-Evergreen to Sullivan(CN 2019) 2,395,000 2,071,675 0 0 0 0 0 0 0 323,325 0 0 0 2,395,000 0 Bridging the Valley Barker Road/BNSF Grade Separation* 24,671,321 21,041,000 0 0 0 0 0 0 0 1,421,321 2,209,000 0 0 24,671,321 0 -Pines Road Underpass* 28,776,000 1,890,000 22,700,583 1,200,000 0 0 0 0 0 2,985,417 0 0 0 28,776,000 0 Pinecroft land acquicition($500,000} 500,099 g g g g g g g 9 500,099 g g 9 599,999 g Trancfcr to Strcct O&M Fund#101 for 2010 operating deficit 897,099 g g g g g g g 9 007,099 g g 9 007,099 g -Transfer to Street O&M Fund#101 for 2020 operating deficit 1,364,706 0 0 0 0 0 0 0 0 1,364,706 0 0 0 1,364,706 0 Barker Road corridor improvements -Euclid to Trent 3,400,000 675,600 0 0 0 0 0 0 0 1,485,417 0 0 0 2,161,017 1,238,983 -Additional in 2019 to complete Euclid to Barker GSP 0 0 0 0 0 0 0 0 0 1,238,983 0 0 0 1,238,983 (1,238,983) -Garland Ave Construction 2,000,000 0 0 0 0 0 0 0 0 1,000,000 0 0 1,000,000 2,000,000 0 Sullivan Park land acquisition 6447099 g g g g g g g 9 6447099 g g 9 6447099 g Future Construction: -Balfour Park development 3,866,000 0 0 0 0 0 0 0 0 1,985,417 0 0 0 1,985,417 1,880,583 -Improvements at proposed SCLD Balfour site 1,300,000 0 0 0 0 0 0 0 839,285 460,715 0 0 0 1,300,000 0 -Phase 2&3-Appleway Landscaping(Park to University) 3,000,000 0 0 0 0 0 0 0 0 0 0 0 0 0 3,000,000 -Park land acquisition 1,000,000 0 0 0 0 0 0 0 0 500,000 0 0 0 500,000 500,000 -Railroad Quiet Zones study 85,000 0 0 0 0 0 0 0 0 0 0 0 0 0 85,000 -Sullivan Park water line installation 152,858 0 0 0 0 0 0 0 0 152,858 0 0 0 152,858 0 -Appleway Trail-Balfour to University 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 -Bridging the Valley -Sullivan&Trent Interchange 27,000,000 0 23,000,000 0 0 0 0 0 0 500,000 0 0 0 23,500,000 3,500,000 Barker Road corridor improvements Euclid to Spokane River 4,190,000 3,181,400 0 0 0 0 0 0 0 0 0 0 29,000 3,210,400 979,600 -Additional in 2019 to complete PE for Euclid to Spokane River 310,000 0 0 0 0 0 0 0 0 310,000 0 0 0 310,000 0 -1-90 to Appleway 3,629,000 0 3,138,000 0 0 0 0 0 0 0 0 0 0 3,138,000 491,000 -Appleway to South City Limits 2,854,000 0 2,468,000 0 0 0 0 0 0 0 0 0 0 2,468,000 386,000 -Earmark for future surprises/challenges N/A 0 0 0 0 0 0 0 0 281,209 0 0 0 281,209 N/A Total of Capital Projects 152,812,332 52,004,660 51,306,583 9,018,301 972,644 109,300 2,408,656 259,744 1,996,653 28,288,901 7,271,336 7,849,573 2,674,535 165,160,886 10,822,183 included in 6-year TIP Capital Reserve Fund#312 Sources General Fund transfers-2013 through 2017 16,885,878 General Fund-2018 transfer for misc.cap projects 1,000,000 General Fund-2018 transfer of 2016 fund bal>50% 2,795,429 General Fund-2019 transfer of 2017 fund bal>50% 7,119,300 General Fund-2020 transfer of 2018 fund bal>50% 5,251,900 Developer contribution(Library District)-2013 3,180 Developer contribution(Library District)-2014 4,675 Net proceeds on sale of Carnahan properties-2018 373,397 Transfer in-#310(excess fund balance) 18,452 Transfer in-#313(excess fund balance) 88,590 33,540,801 Projects Completed in Prior Years 11,681,533 completed Appleway Trail Sullivan to Corbin 347,099 completed Appleway Trail-Evergreen to Sullivan 323,325 committed Barker Road/BNSF Grade Separation 1,421,321 committed Pines Road Underpass 3,485,417 committed Sullivan&Trent Interchange 500,000 committed .Sullivan Park land acquicition 644999 completed Sullivan Park water line installation 152,858 committed Barker Road corridor improvements 1,485,417 committed Additional Barker-Euclid to Trent 1,238,983 committed Additional Barker-Euclid to Spokane River 310,000 committed Balfour Park development 1,985,417 committed Improvements at proposed SCLD Balfour site 460,715 committed Transfer to Street O&M Fund#101 2,271,706 committed Garland Ave Construction 1,000,000 committed Park land acquisition 500,000 commi -d Earmark future surprises/challenges 281,209 c.,mined 28,288,901 Difference 5,251,900 Page 1 of 2 P:\1.General Governance\Budget\2021 Budget\Finance\Potential and Pending Projects CITY OF SPOKANE VALLEY,WA I 3/31/2020 I Pending/Potential Projects Worksheet Project Financing Estimated Grant Financed City Financed - - Total Potential/ Fund 101 Fund 103 Fund 106 Fund 123 Fund 309 Fund 310 Fund 312 Fund 301/302 Project Secured Anticipated General Street Paths& Solid Waste Civic Facilities Parks Capital Civic Buildings Capital Bond Cost Grants Grants Fund Fund Trails Fund Replacement Project Capital Projects Reserve REET Financed Other Total Unfunded Capital Projects Completed in Prior Years: -Phase 1-Appleway Landscaping(Dora to Park) 261,993 0 0 0 0 0 0 0 0 261,993 0 0 0 261,993 0 -BusinessRouteSignage 21,139 0 0 0 0 0 0 0 0 21,139 0 0 0 21,139 0 -Joint Site Design-Balfour Park/Library 57,601 0 0 0 0 0 0 0 0 57,601 0 0 0 57,601 0 -Sullivan Road West Bridge replacement 15,493,248 13,046,330 0 0 0 0 0 0 0 1,713,284 365,803 0 367,831 15,493,248 0 -City Hall 14,104,025 0 0 0 0 0 0 0 1,157,368 5,097,084 0 7,849,573 0 14,104,025 0 -Sculpture siting at City Hall 46,760 0 0 0 0 0 0 0 0 46,760 0 0 0 46,760 0 -Appleway Trail-University to Pines(Completed) 1,614,679 0 0 0 0 59,300 0 0 0 1,452,026 103,303 0 50 1,614,679 0 -Appleway Trail-Pines to Evergreen(Completed) 1,970,654 1,696,192 0 0 0 0 0 0 0 274,462 0 0 0 1,970,654 0 -Carnahan&8th-ROW acquisition 659,004 0 0 0 0 0 0 0 0 659,004 0 0 0 659,004 0 -Remove&reconstruct Euclid Ave(Flora to Barker) after County installation of sewer 3,041,206 0 0 0 0 0 0 0 0 1,800,000 0 0 1,241,206 3,041,206 0 -Bus stops and pedestrian crossings on Indiana Ave. 71,500 0 0 0 0 0 0 0 0 71,500 0 0 0 71,500 0 -SVPD land acquisition 226,680 0 0 0 0 0 0 0 0 226,680 0 0 0 226,680 0 37,568,489 14,742,522 0 0 0 59,300 0 0 1,157,368 11,681,533 469,106 7,849,573 1,609,087 37,568,489 0 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31,2020 Department Director Approval: Check all that apply: ❑consent ❑old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative report — delegation of authority to City Manager regarding rights-of-way and easements. GOVERNING LEGISLATION: SVMC 3.49.010 and RCW 35A.11.020. PREVIOUS COUNCIL ACTION TAKEN: April 1, 2008, adoption of Resolution 08-005, granting limited authority to the City Manager regarding real property acquisition in conjunction with capital and other development projects. BACKGROUND: Pursuant to SVMC 3.49.010,the City Manager is authorized to negotiate the purchase of real property on behalf of the City,however Council has the final approval authority. This section goes on to state that the Council may delegate the authority for approval and purchase to the City Manager or staff as appropriate. Under prior SVMC provisions relating to acquisition of real property, Council approved Resolution 08- 005,which granted some authority to acquire real property. However,Resolution 08-005 was not a model of clarity, nor was it thorough in identifying the appropriate range of what it covered. In the intervening years, staff has been aware of the limitations of Resolution 08-005, and worked within its constraints. In that time, staff has brought a number of very routine items to Council for approval that could have been done more easily and timely by staff. Examples include moving or extinguishing unnecessary stormwater easements, access easements, disposing of or acquiring moderately-sized pieces of property for street or stormwater projects,etc. Council adopted new purchasing provisions in 2015,which provided a much clearer regulatory framework for acquisitions, and for delegating authority to the City Manager as appropriate. Given the number and scope of the projects coming up in the next few years, staff wanted to bring this forward in an effort to minimize the amount of time Council has to spend on very routine items. As always,staff will keep Council apprised of high level project status reports as they are occurring. The dollar threshold on this authority is proposed to be set at $100,000 for any one parcel or connected parcels. In staff's experience,that should cover most routine acquisitions,particularly project-related. City Manager Calhoun will always consider whether a particular acquisition is likely to be of interest to Council, and will determine if Council wants to deal with individual occurrences directly. Staff will be looking for feedback from Council on the amount of the threshold. OPTIONS: (1)Place on a future agenda for motion consideration; or(2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for motion consideration. BUDGET/FINANCIAL IMPACTS:Not applicable. STAFF CONTACT: Cary Driskell,City Attorney. ATTACHMENTS: Draft Resolution delegating certain real property purchase and sale authority. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 20-*** A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING LIMITED AUTHORITY TO THE CITY MANAGER REGARDING ACQUISITION OF REAL PROPERTY, GRANTING OF EASEMENTS OVER RIGHT-OF-WAY RELATING TO PRIVATE OR PUBLIC DEVELOPMENT PROJECTS, REPLACING AND REPEALING RESOLUTION 08-005, AND OTHER MATTERS RELATING THERETO WHEREAS, SVMC 3.49.010 authorizes the City Manager to "negotiate the purchase of real property, which shall be based upon a fair-market value appraisal of the property. The City shall not pay more than fair-market value for any real property, except as may be approved by the Washington State Department of Transportation on behalf of the City for road construction projects. Final approval of any purchase of real property shall be obtained from the city council prior to purchase; provided city council may delegate authority for approval and purchase to the city manager or City staff as may be appropriate."; and WHEREAS, pursuant to RCW 35A.11.020, the "legislative body of each code city shall have all powers possible for a city or town to have under the Constitution of this state, and not specifically denied to code cities by law. By way of illustration and not in limitation, such powers may be exercised in regard to the acquisition, sale, ownership, improvement, maintenance, protection, restoration, regulation, use, leasing,disposition,vacation, abandonment or beautification of public ways... ."; and WHEREAS,it is necessary in the routine operation of the City to acquire real property for projects, and related to the approval of development projects,most of which are small in size; and WHEREAS, it is necessary in the routine operation of the City to grant, extinguish, or accept temporary or permanent easements of various types across City rights-of-way,including but not limited to construction easements, access easements, stormwater easements,and utility easements; and WHEREAS,delegation of limited authority to the City Manager for such minor tasks will result in a more efficient use of Council time, as well as City staff time; and WHEREAS, circumstances exist where, due to federal law relating to federally-funded capital projects, the City Engineer is required to execute applicable documents to accomplish the transfer of property rights; and WHEREAS,the City Council wishes to affirm and ratify past actions taken by the City Manager and/or City staff related to the acquisition of right-of-way or in granting easements in conjunction with capital and other development projects as set forth below. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County Washington,as follows: Resolution 20-0** -Delegation of Authority to City Manager Page 1 of 2 DRAFT Section 1. Pursuant to SVMC 3.49.010 and RCW 35A.11.020, the City Council hereby grants to the City Manager the authority to acquire real property on behalf of the City up to a fair market value of $100,000 for appropriate municipal purposes. Section 2. The City Council hereby grants to the City Manager or his designee the authority to conduct transactions to acquire and dispose of rights-of-way pursuant to the Washington State Department of Transportation (WSDOT) approved City of Spokane Valley Right-of-Way Procedures, except those acquisitions which require use of the City's condemnation authority pursuant to chapter 8.12 RCW. Section 3. Pursuant to SVMC 3.49.010 and RCW 35A.11.020, the City Council hereby grants to the City Manager or his designee the authority to grant or accept easements of all types that are in the best interest of the City and appropriate in the management of the various rights-of-way and City stormwater properties. At the City Manager's discretion, Council may be consulted or requested to decide whether to grant or accept a specific easement or easements. Section 4. Pursuant to RCW 35A.11.020, the City Council hereby grants to the City Manager or designee the authority to relinquish easements of all types that the City Manager determines to be in the best interest of the City and appropriate in the management of the various rights-of-way and City stormwater properties. At the City Manager's discretion,Council may be consulted or requested to decide whether to relinquish a specific easement or easements. Section 5.The City Council does affirm and ratify all past actions taken by the City Manager and/or City staff related to the acquisition of right-of-way or in granting or relinquishing easements in conjunction with capital and other development projects. Section 6. Repeal of prior similar actions. This Resolution is intended to repeal and replace any prior grant of authority, whether done by motion or resolution, specifically including Spokane Valley Resolution 08-005. Section 7. Effective date. This Resolution shall be in full force and effect upon adoption. Adopted this day of April,2020. City of Spokane Valley Ben Wick,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution 20-0** -Delegation of Authority to City Manager Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 31, 2020 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: End of Session Legislative Wrap-Up GOVERNING LEGISLATION: BACKGROUND: Ms. Briahna Murray of Gordon, Thomas, Honeywell Governmental Affairs will give an overview of the 2020 legislative session. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: n/a STAFF CONTACT: City Manager Calhoun ATTACHMENTS: PowerPoint CITY OF SPOKANEVALLEY 2020 LEGISLATIVE REPORT GORDON THOMAS HONEYWELL GOVERNMENTAL AFFAIRS BRIAHNA MURRAY PRESENTATION OUTLINE Overview of the 2020 Legislative Session Summary of each supplemental budget Overview of City of Spokane Valley's Legislative Priorities Additional Legislative Issues Next Steps 2020 SESSION OVERVIEW Second year of the 2-year legislative biennium 60-day short legislative session Democrats maintain majority in both chambers Focus was on adopting supplemental operating, capital, & transportation budgets Bills from 2019 carry over to 2020 and 2,363 additional bills introduced, totaling 3,773 bill considered 386 bills passed into law 2020 SUPPLEMENTAL OPERATING BUDGET SUMMARY Smaller than originally anticipated — the final budget was reduced from earlier proposals to proactively prepare for an economic downturn resulting from the COVID- 19 epidemic $ 1 .5 billion in new revenue forecasted for the current biennium Supplemental operating budget commits $961 million of the $ 1 .5 billion forecasted to new spending Total biennial supplemental operating budget: $53.5 billion 2020 SUPPLEMENTAL CAPITAL BUDGET SUMMARY ■ Approximately $70 million in bonds available Additional $ 19.8 million identified after adjusting various accounts Total supplemental capital budget was $89.9 million $30 million allocated to local and community projects 138 communities allocated funding Average appropriation was $217,000 Priority to fund local projects that had not received funding in the previous year 2020 SUPPLEMENTAL TRANSPORTATION BUDGET SUMMARY Assumed Initiative-976 will ultimately be upheld by the Court $453 million reduction in transportation revenue in the 2019-21 biennium Budget authorized all paused project contracts to proceed forward on schedule Short-term Strategy: Reduces rail capital budget projects into 2021 -23 biennium Savings for cancelled or closed out projects Long-term Problem: Funding shortfalls in future biennia Increases pressure to adopt a transportation revenue package OVERVIEW OF CITY OF SPOKANEVALLEY LEGISLATIVE PRIORITIES Pines Road Grade Separation: °rogress Mads. Cost Overruns on 1-90 Harvard to Barker Improvements: Success Sullivan Park Water Line: Success Economic Development Tools: Bills introduced, but died Defend Local Control: success, ror the moi* nar State-Shared Revenues: Success Overall, a successful session but there's more work to be done! PINES ROAD GRADE SEPARATION Requested $7.8 million for Pines Road Grade Separation Long-term request: focus is on getting funding included in the next transportation revenue package This session, continued to advance the request: Key meeting with House Transportation Committee Chair, Rep. Jake Fey Met with several regional legislators Funding request submitted in both the House of Representatives & the State Senate for inclusion in future transportation revenue package proposals 1-90 BARKERTO HARVARD COST OVERRUNS Final language in the 2020 Supplemental Transportation Budget: The Connecting Washington account appropriation for the improvements that fall within the city of Liberty Lake may only be expended if the city of Liberty Lake agrees to cover any project costs within the city of Liberty Lake above the $20, 900,000 of state appropriation provided for the total project in LEAP Transportation Document. . . SULLIVAN PARK WATER LINE CAPITAL FUNDING REQUEST Reminder: early feedback that there was limited funding available in 2020 Requested that $413,000 be allocated in the supplemental capital budget Sen. Padden championed the request; asked whether we could accept $ 130,000 $ 130,000 was included in the Senate-proposed supplemental capital budget, and included in the final 2020 supplemental capital budget. ECONOMIC DEVELOPMENTTOOLS Border & Rural County .09 Sales Tax Credit for Economic Development House Bill 2494 & Senate Bill 5899 Local Revitalization Financing House Bill 2804 Tax Increment Financing House Bill 2778 & House Joint Resolution 4212 DEFEND LOCAL CONTROL � Several legislative proposals introduced that would have preempted local control, particularly around land use regulations. Continuing trend from 2019 legislative session In addition to daily on-the-ground work, Councilmember Linda Thompson testified in opposition Effectiveness of the House Local Government Champions Caucus Only one, very narrow, bill passed into law } Senate Bill 6617, regulating accessory dwelling units STATE-SHARED REVENUES/UNFUNDED MANDATES State-shared revenues fully funded in the 2020 supplemental operating budget Additional Basic Law Enforcement Academy classes funded One unfunded mandate passed into law: House Bill 1390 provides a one-time 3% increase to the retirees in the Public Employees' Retirement System and the Teachers' Retirement System Plans I .The increase is capped at $62.50 and will go into effect on July I , 2020. For jurisdictions who have PERS I retirees, this will result in a cost increase at the local level.The state budget provided resources for its own costs but not for local governments. ADDITIONAL LEGISLATIVE ISSUES "Trailer" Bill to State Sales Tax Credit for Affordable Housing: HB 2797 Spokane Valley requested a population threshold clarification Local Option Sales Tax Authority for Affordable Housing: HB 1590 City indicated support for the bill after the session began. Cities have authority to impose sales tax September 30, 2020, if the County doesn't act first. Tourism Promotion Area: SB 6592 Marijuana Licensing Proposals: HB 2247:Aligning LCB licenses with local zoning HB 2870:Additional licenses for social equity purposes NEXT STEPS Please thank Senator Padden, Rep. Shea, and Rep. McCaslin and other regional legislators who helped advance the City's priorities — Sen.Andy Billig, Rep. Marcus Riccelli, and Rep.Timm Ormsby. November 2020 Elections All members of the House of Representatives & half the members of the Senate will seek re-election. Several retirements have been announced. Redistricting will follow the 2021 legislative session NEXT STEPS Lobbying is a year-round effort, over the interim, we will focus on: Funding for the Pines Grade Separation Identifying a capital funding request sooner rather than later Prepare for challenging fiscal times at the state-level: "We know that coming up we are going to have tremendous problems.We are likely going to lose billions of dollars in the revenue forecast that is coming," said David Schumacher, director of the state Office of Financial Management."We have about $3 billion in reserves, thankfully, but we have to plan for a day when we spend through that just to keep current services." — Seattle Times, March 26, 2020. QUESTIONS? Briahna Murray Vice President Cell: (253) 310-5477 E-mail: bmurray@gth-gov.com Josh Weiss Shelly Helder Holly Cocci Vice President Senior Consultant Assistant Consultant Cell: (360) 561-3560 Cell: (360) 209-3339 Cell: (253) 509-2403 E-mail: jweiss@gth-gov.com E-mail: shelder@gth-gov.com E-mail: hcocci@gth-gov.com 17 DRAFT ADVANCE AGENDA as of March 27,2020; 8:00 a.m. Please note this is a work in progress;items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings April 7,2020, Study Session,6:00 p.m. [due Tue March 311 ACTION ITEMS: 1. Proposed Resolution 20-006 Authorizing Submittal of RCO Grant Applications—Mike Stone (5 minutes) 2. Proposed Resolution 20-007 Delegating Authority—Cary Driskell (5 minutes) 3.Motion Consideration: 2020 BUILD Application—Adam Jackson (15 minutes) NON-ACTION ITEMS: 4.Urban County CDBG Requalification—Mike Basinger (20 minutes) 5.Advance Agenda—Mayor Wick (5 minutes) [*estimated meeting 50 mins] April 14,2020,Formal Meeting Format,6:00 p.m. [due Tue April 71 Proclamation:National Arbor Day 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Ordinance 20-005 Street Vacation 2019-0005—Bill Helbig (10 minutes) 3.Motion Consideration: Urban Co. Requalification CDBG Consortium Participation—M. Basinger(10 min) 4.Mayoral Appointment: Re-appoint Citizen to TPA—Mayor Wick (5 minutes) 5.Admin Report: Advance Agenda—Mayor Wick (5 minutes) [*estimated meeting 35 mins] April 21,2020, Study Session,6:00 p.m. [due Tue April 14] 1.Advance Agenda—Mayor Wick (5 minutes) April 28,2020,Formal Meeting Format,6:00 p.m. [due Tue April 21] Proclamation: Older Americans'Month 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading 20-005 Ordinance Street Vacation 2019-0005—Lori Barlow (10 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) [*estimated meeting 20 mins] May 5,2020, Study Session,6:00 p.m. [due Tue April 28 1. Six-Year Proposed TIP—Adam Jackson (15 minutes) 2.Advance Agenda—Mayor Wick (5 minutes) May 12,2020,Formal Meeting Format,6:00 p.m. [due Tue May 51 Proclamation:Lemonade Day 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Advance Agenda—Mayor Wick (5 minutes) May 19 2020, Study Session,6:00 p.m. [due Tue May 12] 1.Advance Agenda—Mayor Wick (5 minutes) May 26,2020,Formal Meeting Format,6:00 p.m. [due Tue May 19] 1.PUBLIC HEARING: 2021-2026 TIP (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Admin Report: Advance Agenda—Mayor Wick (5 minutes) Draft Advance Agenda 3/27/2020 8:49:21 AM Page 1 of 2 June 2,2020, Study Session,6:00 p.m. [due Tue May 261 1.Advance Agenda—Mayor Wick (5 minutes) June 9,2020,Formal Meeting Format,6:00 p.m. [due Tue June 21 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report: Advance Agenda—Mayor Wick (5 minutes) June 16,2020,Special Meeting: 2021 Budget Workshop; 8:30 a.m. [due Tue June 9] June 16,2020,Study Session,6:00 p.m. meeting cancelled due to budget workshop June 23,2020,Formal Meeting Format,6:00 p.m. [due Tue June 161 1. Consent Agenda(claims,payroll,minutes) (5 minutes) June 30,2020, Study Session,6:00 p.m. [due Tue June 231 1. Comp Plan Amendments- Mike Basinger (20 minutes) 2.Advance Agenda—Mayor Wick (5 minutes) *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Aging &Long Term Care Update Appleway Trail Amenities Art Sculptures Placements Artwork&Metal Boxes CenterPlace Roof Replacement Bid Award Comp Plan Ord (7-14, 7-28 ordinance readings) Donation Recognition Fee Resolution Cost of Service Analysis Flashing Beacons/School Signage Graffiti Health District Re SV Stats Mirabeau Park Forestry Mgmt. Naming City Facilities Protocol Park Lighting PFD Presentation SPEC Report/Update St. Illumination(owners,cost,location) St. O&M Pavement Preservation Trunk or Treat Utility Facilities in ROW Vaping Water Districts&Green Space Way Finding Signs Draft Advance Agenda 3/27/2020 8:49:21 AM Page 2 of 2